12-05-06 Agenda Reg
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City of Delray Beach
Regular Commission Meeting
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Tuesday. December 5. 2006
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Dekay Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
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.
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.
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. City of Delray Beach Student Residents' Academy Certificates - Janet Meeks
8. CONSENT AGENDA: City Manager Recommends Approval.
A. ACCEPTANCE OF EASEMENT DEED/STORAGE PARTNERS OF
DELRAY. LLC: Approve and accept an easement deed between the City and Storage
Partners of Delray, LLC, providing a 12 foot water line easement to be constructed for
the Delray Beach Extra Closet Project, located at 14216 Military Trail.
B. ACCEPTANCE OF EASEMENT DEED/GRAYHAWK DEVELOPMENT
CORP: Approve and accept an easement deed between the City and GrayHawk
Development Corp, providing a sewer main easement adjacent to Whadey Road in the
Country Club Acres subdivision.
C. LEE'S CROSSING HOMEOWNERS ASSOCIATION, INC.lTRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and
the Lee's Crossing - Delray Beach Homeowners Association, Inc. allowing the Delray
Beach Police Department to enforce local and state traffic laws on its property.
D. RESOLUTION NO. 72-06: Approve Resolution No. 72-06 supporting the proposed
Fine Arts Program at Plumosa Elementary School.
E. CHANGE ORDER NO. l(CONTRACT ADDITION)/ASPHALT
CONSULTANTS. INC.: Approve Change Order No.1 (Contract Addition) in the
amount of $21,800.00 to Asphalt Consultants, Inc. for additional work required due to
design changes, and a contract extension of twenty-eight (28) days for the Country Club
Acres Infrastructure Improvements Project. Funding is available from 441-5161-536-
65.86 (Water/Sewer Fund/Other Improvements/Country Club Acres).
12-05-2006
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F. LEASE AGREEMENT /M SPACE HOLDINGS. LLC: Approve a lease
agreement in the amount of $75,870.00 with M Space Holdings, LLC for a triple-wide
modular facility as a temporary facility for Fire Station No.4 for eighteen (18) months.
Funding is available from 001-2311-522-44.20 (General Fund/Building).
G. LEASE AGREEMENT /REGIONS FINANCIAL CORPORATION: Approve a
Master Lease Purchase Agreement in the amount of $131,420.00 with Regions Financial
Corporation financing eighty-two (82) club carts at a rate of 3.77% for a forty-eight (48)
month term and authorize the execution of the documents. Funding is available from
001-7111-519-71.50 (General Fund/Lease Purchase-Principal) and 001-7111-519-72.50
(General Fund/Lease Purchase-Interest).
H. AMENDMENT NO. 1/S0UND INVESTMENTS BY l.W. INC.lPRO. DVO
MAKERS: Approve Amendment No.1 to the agreement between the City and Sound
Investments by].W., Inc. d/b/a Pro DVD Makers in the amount of $6,700.00 per year
for three (3) years, to maintain and upgrade our virtual tour on the City's web page.
Funding is available from 001-4111-572-46.90 (General Fund/Other
Repair/Maintenance Costs).
I. SPECIAL EVENT REOUEST /HOWARD ALAN 18th ANNUAL
DOWNTOWN ART FESTIVAL: Approve a special event request for the 18th
Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on
January 20 and 21, 2007 from 10:00 a.m. to 5:00 p.m., granting a temporary use permit
per LDR Section 2.4.6(F) for street closure of Adantic Avenue, east of side of
N.E./S.E. 6th Avenue east to Salina and Veterans Park lot for vendor parking; authorize
staff to apply for the FDOT street closure permit; authorize staff support for security
and traffic control, barricading, and permit an event sign to be erected on Adantic
Avenue just east of 1-95 ten (10) days prior to the event with the sponsor paying all
overtime costs.
]. ACCOUNT FUNDING CHANGE/HOUSING REHABILITATION
GRANT /CONTRACT AWARD: Approve an account funding change from
Community Development Fund/Housing Rehabilitation (118-1963-554-49.19) to the
State Housing Initiatives Partnership (SHIP) /Housing Rehabilitation (118-1924-554-
49.19) for one (1) housing rehabilitation deferred payment loan (609 S.W. 8th Avenue) in
the amount of $34,125.00.
K. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a
Housing Rehabilitation grant/contract award through the Community Development
Division in the amount of $33,589.50 to South Florida Construction Services, Inc. (102
S.W. 8th Avenue). Funding is available from 118-1963-554-49.19 (Community
Development Fund/Housing Rehabilitation).
12-05-2006
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L. AMENDMENT TO LEASE AGREEMENT /NEW CINGULAR WIRELESS
PCS. LLC: Approve an Amendment to the lease agreement with Cingular Wireless,
PCS, LLC on the City's elevated water storage tank, providing that Cingular will pay the
City $17,500.00 for twelve (12) months from December 1, 2006 to November 30,2007
and providing that if Cingular is able to transfer the lease to another entity the City's
approval of such transfer shall not be unreasonably withheld.
M. AMENDMENT TO LEASE AGREEMENT /NEW CINGULAR WIRELESS
PCS. LLC: Approve an Amendment to the lease agreement with Cingular Wireless,
PCS, LLC on the Police Department radio tower, providing that Cingular will pay the
City a monthly rental fee of $1,700.00 with a 2% annual increase in the rental fee,
guarantee the rental payment to the City between February 1,2007 through January 31,
2009 regardless of whether they are using the site or terminate the agreement, pay a fee
equal to twelve (12) rental payments, if they decide to terminate the agreement; and the
City may notify Cingular prior to the expiration of the five (5) year term of its intent not
to renew the Agreement for the use of the Police Tower.
N. ADDENDUM/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST. INC.:
Consider approval of an addendum to the Contract for Sale and Purchase of Property
with the Delray Beach Community Land Trust, Inc. extending the closing date from
November 30, 2006 to December 8, 2006, for three (3) properties located at 802 S.W.
3rd Street, 1012 N.E. 3rd Avenue and 119 S.W. 9th Avenue.
O. CDBG CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL
REPORT (CAPER): Approve the Community Development Block Grant (CDBG)
Consolidated Annual Performance and Appraisal Report (CAPER) for FY 2005-2006 as
required by the U.S. Department of Housing and Urban Development.
P. SUBORDINATION AGREEMENT/ORION BANK: Authorize and approve a
subordination agreement between the City and Orion Bank in the amount of
$1,200,000.00 for a further advance regarding incurred costs for the Master Planned
Development of The Villages at Delray encompassing the current Auburn Trace
Apartment Community and the redevelopment of the adjoining former Carver Estate
Community Project.
Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
November 20,2006 through December 1, 2006.
R. RESOLUTION NO. 73-06: Approve Resolution No. 73-06 supporting Municipal
Home Rule.
12-05-2006
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S. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to DTC Communications, Inc. in the amount of $22,641.89 via
the GSA Contract #GS-03F-0010M for replacement of equipment for the
Police Department's Vice, Intelligence & Narcotics Section. Funding is
available from 115-2112-521-64.90 (Machinery Equipment/Other
Machinery /Equipment).
2. Bid award to J.e. White in the amount of $18,375.56 under State Contract
#425-001-06-1 for portable partitions to be used in the Community Center
Gym for the International Tennis Championships and other events. Funding is
available from 001-4210-575-63.90 (General Fund/Other Improvements).
9. REGULAR AGENDA:
A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION /711
NORTH SWINTON AVENUE: Appeal of the Historic Preservation Board's
decision regarding partial demolition and new construction at 711 North Swinton
Avenue, located in the Del-Ida Park historic District. (Quasi-Judicial Hearing)
B. BONUS PAYMENT TO ]CD SPORTS GROUP. INC: Consider approval ofFY
2005 - 2006 bonus payment to JCD Sports Group for both golf operations in the
amount of $11,725.50 and for Tennis Center operations in the amount of $5,602.50.
Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course
Fund/Other Professional Services), 446-4711-572-34.90 (Lakeview Golf Course/Other
Professional Services), 001-4215-575-34.90 (General Fund/Tennis Operations/Tennis
Center/Other Contractual Services) and 001-4210-575-34.90 (General Fund/Tennis
Operations/ Stadium).
e. FY 2007 PEFORMANCE MEASURES/GOLF COURSES AND TENNIS
FACILITIES: Consider approval of proposed performance measures for FY 2007 for
the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities.
D. HOUSING ASSISTANCE AND DEVELOPMENT AGREEMENT: Consider
approval of the Housing Assistance and Development Agreement between Midtown
Delray, LLC and the City of Delray Beach, Delray Beach Community Land Trust, Inc.,
and the Delray Beach Chamber of Commerce for the development of workforce
housing.
E. FLORIDA INLAND NAVIGATIONAL DISTRICT (F.I.N.D) PARK
NAMING: Provide direction regarding naming the Florida Inland Navigational
District (F.I.N.D) Intracoastal Park.
F. LEGISLATIVE AGENDA: Provide direction regarding local legislative issues for
2007.
12-05-2006
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G. APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY (CRA)
CHAIRMAN/VICE-CHAIRMAN: Appoint a Chairman and Vice-Chairman to the
Community Redevelopment Agency Board.
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 59-06: Privately sponsored Future Land Use Map amendment
(small-scale) from CF (Community Facilities) to LD (Low Density Residential 0-5
du/ac) for a 9.00 acre portion of the Christ the King Monastery of St. Clare and
rezoning from CF (Community Facilities) to R-l-AA (Single Family Residential).
(Quasi-Judicial Hearing)
B. ORDINANCE NO. 33-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendments to the Land Development Regulations (LDR)
establishing a new mixed-use zoning district Section 4.4.29 "MROC (Mixed Residential,
Office and Commercial) District", establishing minimum development standards
through modification of Section 4.3.4(K) "Development Standards Matrix"; and
modification of Section 4.6.9(C)(8)(a) "Shared Parking", which will allow the shared
parking option for the new zoning district.
e. ORDINANCE NO. 71-06: Privately initiated rezoning from I (Industrial) to MIC
(Mixed Industrial and Commercial) for an 8.8 acres property located along Depot Road,
north of the Old Train Station, between the CSX Railroad and 1-95. (Quasi-Judicial
Hearing) This ordinance to be continued to a date certain of January 16, 2007.
D. ORDINANCE NO. 70-06: City initiated annexation and rezoning from County AR
(Agricultural Residential) to City RM-8 (Residential Medium Density 5-8 du/ac) for a
3.18 acres parcel located on the south side of 133rd Road South, 640' west of Barwick
Road approximately 1,400 feet north of Lake Ida Road. (Quasi-Judicial Hearing)
This ordinance to be continued to a date certain of January 16, 2007.
E. ORDINANCE NO. 72-06: An ordinance amending Chapter 100, "Nuisances" of the
Code of Ordinances by enacting a new Section 100.10, "Individually Designated
Historic Structures and Structures in Historic Districts," to prohibit neglect of
Individually Designated Historic Structures and Structures in Historic Districts and to
provide enforcement to help prevent deterioration of the same.
F. ORDINANCE NO. 74-06: City initiated amendment to the Land Development
Regulations (LDR) Chapter 8, "Special Implementation Programs" by enacting a new
Section 8.6 "Proportionate Fair-Share Program". Adoption of this Ordinance is
required by State Law.
G. ORDINANCE NO. 73-06: An ordinance amending Chapter 59, "Reclaimed Water",
of the Code of Ordinances by amending Section 59.09, "Fees, Rates and Charges", to
adjust the wholesale customer rate.
12-05-2006
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H. ORDINANCE NO. 75-06: An ordinance amending Chapter 35, "Employee Policies
and Benefits", of the Code of Ordinances by amending Subsection 35.097(M), "Early
Retirement Incentive", to provide for changed eligibility timing.
I. ORDINANCE NO. 65-06: An ordinance amending Ordinance No. 34-06 of the
Code of Ordinances by amending Section 37.45, "Supplemental Code Enforcement
Procedures", Subsection (Q), "Civil Penalties", by removing the reference to Section
98.08, "Litter In Parks", amending the penalty amount for dogs on the beach and
skateboarding and adding a new penalty for 'CY ehicles On The Beach" and "Garbage,
Sewage, and Other Waste Materials".
J. ORDINANCE NO. 66-06: An ordinance repealing Section 98.09, "Litter In Parks"
and amending Chapter 101, "Parks, Beaches and Recreation, General Provisions", of
the Code of Ordinances by amending Section 101.17, "Garbage, Sewage, and Other
Waste Materials", to read "Garbage, Trash, Litter, Sewage, and Other Waste Materials",
by amending Subsection 101.17(a), to strengthen prohibitions on littering on the
municipal beach, recreational facilities and public parks; and by enacting a new
Subsection 101.36, "Additional Rules Applying to City Parks, Recreation Facilities and
the Municipal Beach", to provide for additional rules which includes a prohibition on
smoking in certain areas of the beach that can be enforced by issuing civil citations in
addition to other remedies.
K. ORDINANCE NO. 76-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendments to the Land Development Regulations enacting Section
4.3.3(DDD), "Day and Night Treatment with Community Housing" to provide for
regulation of these new housing arrangements defined in the Florida Administrative
Code, that provide housing only to individuals who are substance abuse impaired or in
recovery; adding "Day and Night Treatment with Community Housing" as a
Conditional Use within the General Commercial (GC), Central Business District (CBD),
Professional and Office District (POD), Residential Office (RO), Community Facilities
(CF) and Old School Square Historic Arts District (OSSHAD) zoning districts;
amending Appendix "A", "Definitions", to provide a definition for "Day and Night
Treatment with Community Housing". If passed, a public hearing will be scheduled for
January 2, 2007. (postponed to date certain of December 12, 2006)
L. ORDINANCE NO. 78-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to the Land Development Regulations repealing Section 4.6.7,
"Signs", in its entirety and enacting a new Section 4.6.7, "Signs", in order to provide a
single, combined and updated sign code; and amending Appendix "A", "Definitions",
to provide updated definitions relating to sign. If passed, a public hearing will be
scheduled for January 2, 2007.
12-05-2006
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M. ORDINANCE NO. 69-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated rezoning from GC (General Commercial) in part and AC (Automotive
Commercial) in part to CBD (Central Business District) for the North Federal Highway
Area and including 700 & 707 NE 6th Avenue (former O.e. 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 of NE
6th Avenue. If passed, a public hearing will be scheduled for January 16, 2007.
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. 79-06: Privately initiated rezoning from GC (General
Commercial) to AC (Automotive Commercial) for a 6.28 acre property (formerly the
Ralph Buick Dealership), located at the northeast comer of South Federal Highway and
Fladell's Way. If passed, a public hearing will be scheduled for January 2,2007.
B. ORDINANCE NO. 80-06: Amendment to the Land Development Regulations
(LDR) Section 2.4.5 "Procedures for Obtaining Development Approvals" and Section
2.4.3(K) "Fees" to create an application process for in-lieu of parking and public
parking fee requests. If passed, a public hearing will be scheduled for January 2, 2007.
e. ORDINANCE NO. 81-06: City initiated amendment to the Land Development
Regulations (LDR) amending Section 1.3.8, "Reconstruction Necessitated by An Act of
God", to add provisions for the reconstruction of lawful nonconforming commercial
structures damaged or destroyed by an Act of God. If passed, a public hearing will be
scheduled for January 2, 2007.
D. ORDINANCE NO. 82-06: City initiated amendment to the Land Development
Regulations (LDR) amending Section 4.3.3(1), "Community Residential Homes and
Group Homes" to provide that a Type 1 group home shall not be located within 1,000
feet of another Type 1 group home or a community residential home. If passed, a
public hearing will be scheduled for January 2, 2007.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
e. City Commission
POSTED: DECEMBER 1, 2006
12-05-2006
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[IT' DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
200 N\V 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/2-L'-70t)(). FACSIMILE: .'161/278-4755
DELRAY BEACH
~
All-America City
Writer's Direct Line: 561/243-7091
MEMORANDUM
, III I! DATE:
1993 TO:
2001
November 28, 2006
FROM:
City Commission
David Harden, City Manager
n ....-..
-... -
Brian Shutt, Assistant City Attorney
SUBJECT: Acceptance of Easement Deed
The following easement deed grants to the City an easement in which a water line may be
constructed. The easement is for the Delray Beach Extra Closet Project and is located at
14216 Military Trail.
Our office requests that this item be placed on the December 5, 2006 City Commission
agenda for acceptance.
Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Randal Krejcarek, City Engineer
~.Pt
Prepared by: RETIJRN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
PCN: 12-42-46-13-00-000-3050
EASEMENT DEED
THIS INDENTURE, made this 9"", day of ~"'~~U- , 200~ by and between
STORAGE PARTNERS OF DELRA Y, LLC, with a mailing address of 1787 Sentry Parkway
West, Building 16, Suite 400, Blue Bell, PA 19422, party of the first part, and the CITY OF
DEL RAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida
33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of the construction and maintenance of public
utilities with full and free right, liberty, and authority to enter upon and to install, operate, and
maintain such utilities well under, across, through and upon, over, under or within the following
described property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. 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.
It is understood that upon completion of such construction, all lands disturbed thereby as
a result of such construction performed thereon, will be restored to its original or like condition
without expense to the property owner.
WPB:275092:1
1
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 easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
~#l:
1Z.. J-I.A A.J~AJs.'Q-;:;-
(name printed or typed)
STORAGE PARTNERS OF DELRA Y, LLC
a Florida limited liability company
By: UNITED STORAGE PARTNERS, L.P.,
a Delaware limited partnership,
its Manager
By: UNITED STaR-ALL CENTERS, L..L.C.,
a Delaware limited liability company,
its general partner
~::S1
Chief Executive Officer
./(US;.l70^,
(name printed or typed)
STATE OF~rfi~V(ul\ib-
COUNTY OF f\^VV\t~:f'l"y\(' ry
The foregoing instrument was acknowledged before me this qt-t. day of
t.J~b.J'"" , 20~ by BRUCE D. MANLEY, as Chief Executive Officer of United Stor-
All Centers, L.L.C., a Delaware limited liability company, on behalf of the company. He/She is
personally known to me or has produced (type of identification) as
identification and did/did not take an oath. ;;; I J 'pG~
~fNotary Public -
State of
(SEAL)
_.
2
ef- . nil'l
NOTARIAL SEAL
~EN~ C. LAWLER, Notary Public
Whitpam TWP:. County of Montgomery
My Corr:mlsslOn Expires Jan. 3, 2010
WPB:275092:1
1enoSJ lYOf\I"\Q.
STATE OF I'LOItID'A )
) SS
COUNTYOF ~ )
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CERTIFICATE
Limited Liability Company
I HEREBY CERTIFY that Storage Partners of Delray, LLC, a Florida limited liability company,
by its manager, Bruce D. Manley, held a meeting on ~ 20(b and duly adopted and passed the
following resolution:
"RESOLVED", that Bruce D. Manley, as manager of Storage Partners of Delray, L.L.C., a
Florida limited liability company, be and he is hereby authorized to execute and grant a right of
way and perpetual utility easement to City of Delray Beach, Florida, and that his execution
thereof, attested by the S/!,G("c..-tlN""" of the limited liability company be the official
act and deed of this limited liabili~pany."
I further certify that said resolution is now in full force and effect.
of
IN WITNESS WHEREOF, I have hereunto set my hand
NO\Je......bif , 200~
(Signature)
'S.:.C """"I
(Title)
Subscribed and sworn to before me this ~ day of l\.lOVE' ..N'\~ , 200~ by
T 0"\ ~ \~ who is personally known to me or has produced
(type of identification) as identification and who did take an oath.
NOWIIAL SEAL
WINDIOI D IMIDIRI
NoIaIy PublIC
\MIEMIN NIP. MOHI8OII81l COUNIY
.., COft'lmIIIIOI. bpIJeI ",. '0 2010
U)1rdD~~o1&
Notary Public .
My Commission Expir~s: Apr \ J cg I ZOJ.O
FTL:1882996:3
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ABBREVIA TlONS:
D . DEL TA (CENTRAL ANGLE)
L . ARC LENGTH
R . RADIUS
ORB . OFFICIAL RFCORDS BOOK
SEC . SECTION
TWP . TOWNSHIP
RGE . RANGe
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GRAPHIC SCALE
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( IN FEET )
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100
I
NO TES:
I. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID tN.LSS SEALEO WITH AN
EMBOSSED SlRVF:YOR'S SEAL
2. BEARINGS SHOWN fCREON ARE ASSUMED AM) RELA TlVE TO A BEARING OF NORTH
89"21'42- EAST ALONG THE SOUTH LIfE OF THE S 1/2 OF THE NW 1/4 OF NW
1/4 OF SEC 13. rnP 46 S. RGE 42 Eo
3. THE 'lAI\D DESCRIPTION" fCREON WAS PREPARED BY THE SlRVEYOR.
DESCRIPTION:
A STRIP OF LAMJ. TKfi VE FEET IN WIDTH. SrrlJA TE IN SECTION 13. TOWNSHIP 46
SOUTH. RANGE 42 EAST. PALM BEACH COI.NTY. FLORIDA. SAID STRIP LYING SIX FEET
ON EITfER SIDE OF THE FOLLOWING DESCRIBED CENTERLItE:
COMMENCING A T THE INTERSECTION OF THE SOUTH LIfE OF THE SOUTH 1/2 OF
THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13 AM) THE EAST
RIGHT OF WA Y LIfE OF MILITARY TRAIL (Sf? 809) AS RECORDED IN OFFICIAL RECORDS
BOOK 5602 A T PAGE 585 OF THE PUBLIC RECORDS OF PALM BEACH COLNTY. SAID
INTERSECTION ALSO LYING ON A aRVE CONCA VE TO THE EAST rIA VING A RADIUS OF
10405.40 FEET AND WHOSE RADIUS POINT BEARS SOUTH B9"31'21- EAST: THENCE
NORTHERL Y ALONG THE ARC OF SAID ct.RVE THROlJGH A CENTRAL ANGLE OF ocrI2~8-
AN ARC DISTANCE OF 37.22 FEET ALONG SAID EAST RIGHT OF WAY LIfE TO THE
POINT OF BEGINNING: THENCE NORTH 89"21'42" EAST. A DISTANCE OF 169.91
FEET.. THENCE NORTH 45.00'00" EAST. A DISTANCE OF 22.69 FEET: THENCE NORTH
89"21'42" EAST. A DISTANCE OF 155.67 FEET TO REFERENCE POINT :4'.. THENCE
CONTIML NORTH 89.21'42. EAST. A DISTANCE OF 6.32.66 FEET TO THE POINT OF
TERMIM.JS.
TOGETfER WITH:
BEGlflNlNG AT AFOEMENTIOfIE[) REFERENCE POINT :4'.. THENCE SOUTH
OO"38~8" EAST. A DISTANCE OF 14.07 FEET TO THE POINT OF TERMIM.JS :4'.
THE SIDELlfES TO BE LENGTfEJE[) OR S/iORTEJEl) TO MEET A T ALL ANGLE POINTS
AM) TO TERMINA TE A T RIGHT ANGLES TO THE POINTS OF TERMIMIS AM) ALONG SAID
EAST RIGHT OF WAY LIfE OF MILITARY TRAIL.
SUB.ECT TO EASEMENTS. RESTRICTIONS. RESERVA TIONS. COVENANTS. AM)
RIGHTS-OF-WAY OF RECORD.
CERTIFlCA TE:
I I-CRESY CERTIFY THA T THE A TTAct-ED SKETCH OF DESCRIPTION OF TfE HEREON
DESCRIBED PROPERTY IS TRf.E AM) CORRECT TO TI-C BEST OF MY KNOWLEDGE AIIO
BELIEF AS SlRVEYED f.IoDER MY DIRECTION ON JI.IE 2Bth, 2006. I Fl.RTfER CERTIFY
THA T THIS SKETCH OF DESCRIPTION MEETS TfE MINIMIN TECH/ICAL STAIIOARDS SET
FORTH IN CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF Sf.RVEYORS AM)
MAPPERS. PCRSUANT TO FLORIDA STA TUTES 472.027.
CAULFIELD & WHEELER, INC.
CIVIL ENG INEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
730lA W. PALMETTO PARK ROAD - SUITE 100A
BOCA RATON, FLORIDA 334.33
PHONE (561)-392-1991 I FAX (561)-750-14.52
DATE 6/28/2006
DRA WN BY APZ
F.B.! PG. N/A
SCALE 1"=501
JOB NO. 4924
SKETCH OF DESCRIPTION
/2' WA TER LINE EASEMENT
DAV D P. LINDLEY
REGISTERED LAND
SURVEYOR NO. 5005
STATE OF FLORIDA
L.B. 3591
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CITY of DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
434 SOUTH SWNTON AVENUE, DELRAY BEACH, RoORDA 33444
WEST
LOCATION MAP
DELRAY BEACH EXTRA CLOSET
DATE: 12/01/2006
IlUlA Y IEAl:H EXTRA IlIID
1 of 1
~
[IT' DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE
200 I\W 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE: 5hl!24_'-70<)O' FACSIrvI[LE: 561/278-4755
DELRAY BEACH
F l 0 Ii: I D ^
D.8I:II
All-America City
Writer's Direct Line: 561/243-7091
MEMORANDUM
, III I! DATE:
TO:
November 28, 2006
FROM:
City Commission
David Harden, City Manager
h-~
........
Brian Shutt, Assistant City Attorney
1993
2001
SUBJECT:
Acceptance of Easement Deed
The following easement deed grants to the City an easement in which a sewer main may be
constructed. The easement is located adjacent to Whatley Road in the Country Club Acres
subdivision and is necessary to connect to the City's existing system.
Our office requests that this item be placed on the December 5, 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
EASEMENT DEED
TillS INDENTURE, made this 20th day of November, 2006, by and between GrayHawk
development corp, with a mailing address of 4495 Emerald Vista, party of the first part, and the
CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach,
Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the
second part:
WITNESSETH: That the party of the fIrst part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of the construction and maintenance of a sewer main
with full and free right, liberty, and authority to enter upon and to install, operate, and maintain
such sewer main well under, across, through and upon, over, under or within the following
described property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to affect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the fIrst part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. 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, however, sidewalks, drives, parking areas, landscaping and curbIng (as long
as all are per City Code) are allowed..
It is understood that upon completion of such construction, and/or any future
maintenance, all lands disturbed thereby as a result of such construction and/or maintenance
1
performed thereon, will be restored to its original or like condition without expense to the
property owner.
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 easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS #1:
PARTY OF THE FIRST PART
6-uCJi~
&\Co.. DQ.vI'')
(name printed or typed)
BY:~?~
\I t> 64r <::'0" "z, \-Y\.J:3-ty.-J
Q,.r~~\(.. ~\6?UJJ\.\- co...,\
'~~~0~
;;~')o. HOLLL/c; Vi S
(name printed or typed)
STATE OF t="\O( ,"dQ
COUNTYOF PA\'(Y\ ~
.
The foregoing instrument was acknowledged before me this c';lO+!1 day of
INOJe"P'\'ec:..A , 200~y s't:'"h?n C. \~~-S. (name of officer or agent), of
6~ Hc.,.t.JK. 't:>e.~ ,~t1+ (name of corporation), a CafCi a+,0t1 (State or place of
incorporation) corporation, on behalf of the corporation. He/She i~erson::llly known to me or
has produced (type of identification) as identification and did/did
not take an oath. ~. ~
Signature of Notary Publi -
State of 1= ID,( IC11Ct
(SEAL)
NOTARY PUBLIC-STATE OF FLORIDA
~.. Stacy J. Robbins
Commission # DD536938
Expires: APR 29, 2010
Bonded Thru Atlantic Bonding Co., Inc.
2
11114/200S 11:38 FAX 5S12784755
'llll~tL~~b It:~4 5612437~14
, SKEf'CH"& "-')E'S.CR]pftT10"t,f
=-- .
CITY ATTORNEV
CITY OF D~LRAY BEACH
~ 0021003
PAG!;: 61/02
..., .
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DESCRIPTION:
The North. 10.0 feet of Lot 36, flRST ADDITION TO COUNTRY CLUB ACRES according to the
plat thereof Os recorded in Plot Sook 24. Page 16 of the Public Records of Palm Beach
County, florIda, being more partlculart~ descrIbed as follows:
BeginnIng at the Northwest corner of said Lot 36; thence North 89"17'42" East os 0 basis
of bearIngs along the North line'! of sold Lot .35, a distance' of 143.00 feet to the Northeast
corner ot soid Lot 36; thence South 00'30'1 a" East olong the East line of saiQ Lot 36. 0
distance of 10';D feet to a point being on a lin$ lying 10 . o. feet South of r:lnd parallel to
(os meosured at right angles) the North line of said Lot 36; thence South 8917'42" West
along said parallel Hne. 0 distance of 143.00 feet to 0 poit'll being on the West line of said
Lot 36; thence North 00"30'lS" West clong sold West line, a distance of 10.D feet to the
Northwest corner of sold Lot 36 and the POint of Beginning.
Soid lands situate, lying and beio.g In Section 13, TownshIp' 46 South. Rcmge 42 East Palm
Beach County, f'loridc.
Containing 1,716.00 squClre feet more or less.
DENNIS J. LEAVY & ASSOCIATES, INC.
LAND SURVEYORS... MAPPERS
480 BUSINESS PARK WAY SUITE 0
ROYAL PALM BEACH, FL.ORIDA 33411
PHONE: (561) 753-0650 FAX: (561) 753-0290
SKETCH & DESCRIPTION
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CITV A TTORNEV
CITY OF DELRAV BEACH
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PAGE 02/102
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DENNIS J. LEAVY & ASSOCIATES, INC.
LAND SURVEYOR.S . MAPPER.S
460 BUSINESS PARK WAY SUITE D
ROYAL PALM BEACH, flORIDA 33411
PHONE; (561) 753-0650 FAX: (561) 753.0290
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SCALE: 1 w". 30' DATE: 1'/02/05
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CITY of DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
434 8CUl'H 8WNT'C>>I AVEN.E, CB.RAY BEAa-l, R..CflDA 33444
r
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LAKEWOODE
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CWffRY CJ.8 AmES ItfRASTRIJC1lI( IMPROVEMENTS IOATE:07/14/2006
LOCATION MAP jmoRYaJB.mLlQlA
2003-050 1 of 1
[IT' DF DElRA' BEA[H
01\
~
CITY ATTORNEY'S OFFICE
_ POLICE LEGAL ADVISOR
, III1 ' POLICE LEGAL ADVISOR
MEMORANDUM
@
300 W. ATLA!\TIC AVENUE. DEL RAY BEACH, FLORIDA 33444
TELEPHONE ')61/2'[3-71'123. FACSIMILE 561/243-7815
Date:
City Commission
Mr. David Harden, City Manager
Catherine M. Kozol, I '" _
Police Legal AdVisort/~
November 20th, 2006
1993 To:
From:
Re: Lee's Crossing - Traffic Enforcement Agreement
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached for your review and insertion on the Consent Agenda are three
originals of the traffic enforcement agreement with Lee's Crossing Homeowner's
Association. The Agreement will allow the Police Department to enforce state
and local traffic laws on the private roads of Lee's Crossing. The contract shall
also mandate that the Homeowner Associations comply with speed limits set by
Florida Statute and follow Department of Transportation standards for traffic
control devices. The Police Department feels that allowing enforcement of state
and local traffic laws will enhance our presence in the area and have a more
direct impact on crime in that area.
The Association will pay $1 .00 per month to cover the costs of
enforcement and has added the City as an additional insured on the liability
insurance policy. A copy of the Certificate of Insurance is enclosed.
If this Agreement meets with your approval, would you kindly place this on
the Consent Agenda at the next scheduled Commission meeting. When all of
the agreements have been signed, I would appreciate it if you would return one
original to me for forwarding to the Homeowner's Association.
Thank you for your courtesy and attention.
Ath/encs.
cc: Susan Ruby, City Attorney
Chevelle Nubin, City Clerk
Chief Joseph L. Schroeder
<6.L
LEE'S CROSSIf':JG-DELRAY BEACH HOMEOWNER'S ASSOCIATION, INC.
TRAFFIC ENFORCEMENT AGREEMENT
WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred
to as "CITY") through its Police Department, wishes to make its Community Policing
efforts in LEE'S CROSSING-DELRAY BEACH HOMEOWNER'S ASSOCIATION,
INC. as effective as possible; and
WHEREAS, the LEE'S CROSSING-DELRAY BEACH HOMEOWNER'S
ASSOCATION, INC. (hereinafter referred to as "ASSOCIATION") is desirous of the
enforcement of state and municipal traffic laws on its property; and
VVHEREAS, both the CITY and the ASSOCIATION feels that such
enforcement will make the Community Policing effort a more positive influence on
the community; and
WHEREAS, F.S. 316.006(2),(b),(1 ),(2) allows for such enforcement on
private roads pursuant to a written agreement approved by the City Commission
which provides for reimbursement for actual costs of traffic control and enforcement
liability insurance and indemnification and other terms as are mutually agreeable by
the parties.
Now, therefore, for the mutual consideration, covenants, and matters set forth
herein, as of the date set forth below, the parties hereto do hereby agree as follows:
1. The CITY does hereby agree to enforce all state and municipal traffic
laws on all private roads owned by the ASSOCIATION.
2. The enforcement of the traffic laws will occur 24 hours, 7 days a week.
3. The .ASSOCIA TION shall hereby pay to the CITY $1.00 per month to
cover the actual costs of the traffic control and enforcement incurred by the CITY.
4. The speed limit shall be that set by Florida Statute 316.183(2) and
316.189(1) of 30 mph.
5. Signs posting the speed limit must comply with Manual Uniform Traffic
Control Devices used by the Department of Transportation and F.S. 316.189(3).
6. Stop signs must conform to the manual and specifications of the
Department of Transportation as stated in Florida Statute 316.006(2)(b)(3).
7. The ASSOCIATION shall defend, indemnify and hold harmless the
CITY, its agents, officers, officials and employees from any and all claims, suits,
causes of actions or any claims whatsoever made arising from any and all acts of
traffic control and traffic enforcement that occur on the ASSOCIATION'S property
following the date of this agreement. Nothing herein shall be deemed a waiver of
the privileges and immunities granted to the CITY under F.S. 768.28. This
indemnification shall survive the cancellation of this agreement.
8. The ASSOCIATION shall provide liability insurance to cover the
indemnification in the amount of $1,000,000.00 and name the CITY as an additional
insured.
9. This agreement shall take effect upon execution and approval by the
Delray Beach City Commission and the LEE'S CROSSING-DELRA Y BEACH
HOMEOWNER'S ASSOCIATION INC. and shall continue in full force and effect
until rescinded by either party. This Agreement shall automatically renew upon
payment of the yearly fee.
10. Either party may cancel their participation in this agreement upon
delivery of 30 days written notice to the other party. Cancellation will be at the
direction of the subscribing party.
11. In any action brought to enforce any provision of this agreement, the
prevailing party shall be entitled to the relief sought plus all costs incurred and
reasonable attorneys' fees.
12. The ASSOCIATION, by signing below, affirms that they have read and
understand this agreement and that they have been given the opportunity to have
the attqrney of their choice review this agreement.
This agreement made and entered into on this
2006.
day of October,
City of Delray Beach, Florida
Jeff Perlman, Mayor
By:
ATTEST:
City Clerk
Approved as to form
and legal sufficiency:
Catherine M. Kozol,
Asst. City Attorney
2
~
RESOLUTION NO. 72-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, SUPPORTING THE PROPOSED FINE ARTS PROGRAM
ATPLUMOSAELEMENTARYSCHOOL
WHEREAS, the City of Delray Beach places a high priority on providing its students with the best
educational opportunities as possible; and
WHEREAS, the City of Delray Beach endorses the School District of Palm Beach County's request for
funding for a Fine Arts Program at Plumosa Elementary School; and
WHEREAS, the children's educational experience would be gready enhanced by placing a magnet program
at Plumosa Elementary School that would also help to reduce minority group isolation and expand the educational
opportunities offered to children that reside in Delray Beach; and
WHEREAS, the City of Delray Beach believes that a Fine Arts Program at Plumosa Elementary School is
logical as it will feed into a proposed Middle School of the Arts Program that is anticipated to be constructed on the
old Adantic High School site and provide the South County area parity with the north area of the School District of
Palm Beach County with respect to schools of the arts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City of Delray Beach, Florida supports a Fine Arts Program for Plumosa Elementary
School, located in the City of Delray Beach.
Section 2. The City of Delray Beach, Florida affirms its willingness to continue its support of Palm
Beach County Public schools that serves Delray Beach students.
Section 3. The City Clerk is hereby directed to provide copies of the resolution to the School Board
Members of the School District of Palm Beach County and Superintendent Arthur e. Johnson.
PASSED AND ADOPTED in regular session on this the 5th day of December, 2006.
MAYOR
ArrEST:
City Clerk
~,D
MEMORANDUM
SUBJECT:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER~
AGENDA ITEM # <g. E - REGULAR MEETING OF DECEMBER 5.2006
CHANGE ORDER NO. l(CONTRACT ADDITION)/ASPHALT
CONSULTANTS. INC.
TO:
FROM:
DAlE:
DECEMBER 1, 2006
This is before Commission to approve Change Order No.1 (Contract Addition) in the amount of
$21,800.00 to Asphalt Consultants, Inc. for additional work required due to design changes, and a
contract extension of twenty-eight (28) days for the Country Club Acres Infrastructure
Improvements Project.
The additional work is required because the existing sewer stub-out is not in horizontal or vertical
alignment for connection as per plan; therefore, the stub-out needs to be removed and the
connection will be made direcdy to the manhole.
Funding is available from 441-5161-536-65.86 (Water/Sewer Fund/Other Improvements/Country
Club Acres.
Recommend approval of Change Order No.1 (Contract Addition) in the amount of $21,800.00 to
Asphalt Consultants, Inc. for additional work required due to design changes, and a contract
extension of twenty-eight (28) days for the Country Club Acres Infrastructure Improvements
Project.
S:\City Clerk\AGENDA COVER MEMOS\Contract Addition\CO 1 CA Asphalt Consultants Inc Country Club Acres Project 12.05.06.doc
MEMORANDUM
FROM:
David T. Harden, City Manager /J 1\ /'
Richard e. Hasko, Environmental Services Director~ ,/
Carolanne Kuemerowski, Construction Management Techni~
TO:
THRU:
SUBJECT:
AGENDA ITEM - CITY COMMISSION MEETING OF DECEMBER 5. 2006
CHANGE ORDER NO.1 (CONTRACT ADDITION)/ ASPHALT
CONSULTANTS. INC./COUNTRY CLUB ACRES PROJECT
DATE:
November 27,2006
Tbis item is before the Commission to approve Change Order No.1 (Contract Addition) in the amount of
$21,800.00 to Asphalt Consultants, Inc. for additional work required due to design changes, and a contract
extension of twenty-eight (28) days to the Country Club Acres Infrastructure Improvements Project.
The existing sewer stub-out is not in horizontal or vertical alignment for connection as per plan; therefore,
the stub-out needs to be removed and the connection will be made direcdy to the manhole. As a result, the
following additional work is required:
. Road closure at the connection point for one week for wellpointing, pipe, and roadway work
. Removal of existing sewer pipe to allow new connection to the manhole
. Asphalt on either side of trench repair will be milled and resurfaced
The attached Schedule "A" to Change Order No.1 details all additional costs associated with this change
order for Project #2003-050.
Also, a twenty-eight (28) day contract extension is requested; seven (7) days has been requested for the
additional work required; and twenty-one (21) days has been requested for delays encountered while obtaining
an easement for 14960 Whadey Road.
Funding is available from 441-5161-536-65.86 (Water/Sewer Fund/Other Improvements/Country Club
Acres).
Staff recommends approval of Change Order No.1 (Contract Addition) in the amount of $21,800.00 to
Asphalt Consultants, Inc. for additional work required due to design changes, and a contract extension of 28
days, to the Country Club Acres Infrastructure Improvements Project.
cc: Richard Hasko; Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero; Dep. Director of Construction, ESD
Agenda File 12/05/06
File 2003-050 (A)
S:\EngAdminlProjects\2003\2003-050\OfticiallAsphah co 1 Agd MelD GC 120506.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
PROJECT TITLE:
1 /(Contract Addition)
PROJECT NO. 2003-050
DATE:
Country Club Acres Infrastructure Improvements
TO CONTRACTOR: Asphalt Consultants, 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.
JUSTIFICATION:
Additional work required due to design changes; per the attached Schedule "A". A contract extension of twenty-eight (28)
days due to design changes and easement delays.
SUMMARY OF CONTRACT AMOUNT
O~GINALCONTRACTAMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT P~OR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER +1.58%
TOTAL PER CENT INCREASE TO DATE +1.58 %
TOTAL CONTRACT TIME WILL BE INCREASED BY 28 DAYS.
$1,377,027.00
.00
$1,377,027.00
$21.800.00
$1,398,827.00
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.
Asphalt Consultants, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account: 441-5161-536-65.86 ($21,800.00)
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
s:\EngAdminlProjects\2003\2003-05010fficia1\Asphalt co 1 GC 120506.doc
FROM ASPHALT CONSULTANTS
(THU) NOV 16 2006 12: 28/ST, 12: 28/No. 6800848865 P
ASPHALT
CONSULTANTS, INC.
s c. ~(0 ~'^' \e.. ." A."
ENGINEERING CONTRACTORS
November 16, 2006
City of Delray Beach Environmental Services Department
434 Soutb Swinton Avenue
Delray Beach, FL. 33444
Ann: Mr. Rafael Ballestero
Re: Country Club Acres Infrastructure Improvements
City ofDelray Beach Project No. 2OO3-OS0
Subject: Revised Price Proposal (Field charige #1)
Dear Mr. Ballestero,
We are in receipt of Mathews Consulting letter dated 10/17/06 and design changes made to the sewer
system by the Engineer on plan sheets C-II and C-12. The changes made will result in additional work and
require additional work items. Existing unit prices will be honored for additional footage of 8" PVC sewer
pipe;: lI.nd concrete curb restoration [0 be invoiced on the progress estimate after measured in the tleld.
The new items, estimated quantitles and unit prices required for this plan revision are listed below.
DESCRIPTION
Asphalt Crew Mobilization
Maintenance of Traffic (I)
Connect to manhole
Remove 8" PVC sewer lltub (2)
Open cut pavement repair
I" pavement replacement (3)
Protect/Support 36" RCP
Protect/Support t'orcemain
QU.~TY
I LS
ILS
1 LS
I LS
ILS
I L8
I LS
ILS
UNIT PRICE
300.00
1000.00
7SOO.OO
500.00
2500.00
5000.00
2500.00
2S00.00
Estimated Total
E~TENSION
300.00
1000.00
7500.00
500.00
2500.00
SOOO.OO
2500.00
2500.00
21800.00
I. The road must be closed at the connection point Clne week for weIlpointing. pipe and roadway work.
2. Only enough existing sewer pipe will be removed in order to allow the new connection to manhole. The
remaining pipe will be mud-plugged. If the entire stub is requested to be removed, add $1000.00
3. The asphalt on either side of the tt'ench repair (25 ft N & S) will be milled and Te$urfaced.
Landscape and fencing costs wm be invoiced separately to dle landscape allowance ilem Ilfter repairs are
detennined. Sprinkler repair will be invoiced to the Irrigation allowance. We are requesting that an
additional seven calendar days be added to our Contract for scheduling and construet10n. Please contact me
if you have any questions.
Respectfully,
~.
E.F. Leiper TV
Project Manager
Faxed to 243.7314
.--.. 880 NW 1st AVENUE · BOCA RATON, FLORIDA 33432 · (561) 368-5797 · FAX (561)750-8596
FROM ASPHALT CONSULTANTS
(THU) NOV 16 2006 12: 27 1ST. 12: 26/No. 6800848864 P 1
ASPHALT
CONSULTANTS, INC.
ENGINEERING CONTRACTORS
November 16, 2006
City of Delray Beach Enviromnental Services Department
434 South Swinton Avenue
Delray Beach, FL. 33444
Attn: Mr. Rafael Ballestero
Re~ Country Club Acres Infrastructure Improvements
City ofDelray Beach Project No. 2003.050
Subject: Request for Contract Time Extension
Dear Mr. Ballestero,
Pursuant to our earlier notification regarding the easement delay and its recent resolution
by the City, we are requesting that the City add twenty one calendar days to our Contract
time at its earliest opportunity.
E.F. Leiper IV
Project Manager
Faxed to 243-7314
880 NW ht AVENUE · BOCA RATON, FLORIDA 33432 · (561) 368-5797 · FAX (561)750-8596
Agenda Item NO.:l: E
AGENDA REQUEST
DATE: November 27, 2006
Request to be placed on:
~ Consent Agenda
Regular Agenda
Special Agenda
Workshop Agenda
WHEN: DECEMBER 5. 2006 Commission Meeting
Description of item (who, what, where, how much):
Change Order No.1 (Contract Addition) in the amount of $21,800.00 to Asphalt Consultants, Inc. for additional work required
due to design changes, and a contract extension of twenty-eight (28) days to the Country Club Acres Infrastructure
Improvements Project.
As a result of design changes to the sewer system, additional work is required to include: Road closure at the connection point
for one week for wellpointing, pipe, and roadway work; Removal of existing sewer pipe to allow new connection to the manhole;
and Asphalt on either side of trench repair will be milled and resurfaced. The attached Schedule "A" to Change Order No. 1
details all additional costs associated with this change order for Project #2003-050.
Also, a twenty-eight (28) day contract extension is requested; seven (7) days has been requested for the additional work
required; and twenty-one (21) days has been requested for delays encountered while obtaining an easement for 14960
Whatley Road.
Budget Transfer Form Attached: Transferring $21,800.00 from funding account 441-5161-536-99.01 to 441-5161-536-65.86.
ORDINANCE/RESOLUTION REQUIRED: NO
Recommendation:
Staff recommends approval of Change Order No.1 (Contract Addition) in the amount of $21,800.00 to Asphalt Consultants, Inc.
for additional work required due to design changes, and a contract extension of twenty-eight (28) days to the Country Club
Acres Inrrastructu", Improve~:ect.
Department Head Signature: ~ .~ I k "Zj"-.~
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (reqLJire.t! on all items involving expenditure of funds):
Funding available ~ bb(
Funding alternatives (if applicable)
Account No. & Description:
441-5161-536-65.86 (after budaet transfer)
Water/Sewer Fund/Other Improvements/Country Club Acres
City Manager Review: .I!L2 1
Approved for agenda: &/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdminlProjects\2003\2003-050\Officia1\Aspbah co I Agnd Req GC 120506.doc
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER 0fVl
AGENDA ITEM # g ,\ F- REGULAR MEETING OF DECEMBER 5.2006
LEASE AGREEMENT /M SPACE HOLDINGS, LLC:
TO:
FROM:
DATE:
DECEMBER 1, 2006
'Ibis is before the City Commission to approve a lease agreement in the amount of $75,870.00 with M
Space Holdings, LLC for a triple-wide modular facility as a temporary facility for Fire Station No. 4
for eighteen (18) months.
Funding is available from 001-2311-522-44.20 (General Fund/Building).
Recommend approval of a lease agreement in the amount of $75,870.00 with M Space Holdings, LLC
for a triple-wide modular facility as a temporary facility for Fire Station No.4 for eighteen (18)
months.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager Fire Station 4 Temporary Modular 12.0S.06.doc
y
r
"..:it
[ITY DF DEL
E
FIRE-RESCUE DEPARTMENT
DELRAY BEACH
f lOR , D II
....
Ail-America City
, III I!
j:nH!~.r':D E3E/\CH
1993
2001 MEMORANDUM
TO: David T. Harden, City Manager
FROM: Kerry B. Koen, Fire Chief
DATE: November 13,2006
SUBJECT: Lease of Modular Facility for Temporary Fire Station
The Delray Beach Fire-Rescue Department is seeking approval to enter into
agreement with M Space Holdings, LLC to lease a triple-wide modular facility designed
to serve as a temporary Fire Station. The total Purchase Order for the facility for a
minimum of eighteen months is $75,870.00 which includes the delivery, set-up, removal
fee. The cost per month will be $4,215.00. At the end of the eighteen months, if we are
unable to move out because of construction delays on new Fire Station No.4, M Space
has agreed to continue the Purchase Order on a month-by-month bases at a cost of
$3,038.00 per month.
An Agenda Request and a copy of M Space proposal are attached. Thank you for
your attention in this matter.
~ ~.__-;"f~::>.l
Kerry B. Koen
Fire Chief
KBK/cls
"t ! i: OFiIDA 33444
FIr1FFiFSCi If
j f1
) fU;-Fl
[ITY DF DELIAY BEA[H
FIRE-RESCUE DEPARTMENT
SERVING DELRA.Y BEACH · CUU:: STREAM · HIGHLAND BEACH
DELRAY BEACH
f lOR , [) ^
~
AII.America City
, , II ~!
1993
2001
MEMORANDUM
TO: Doug Smith, Asst. City Manager
FROM: Kerry B. Koen, Fire Chief
SUBJECT: Modular Facility - Fire Station No.4
DATE: December 1, 2006
The Fire-Rescue Department originally obtained three quotes for a modular
facility to provide a temporary fire station site for Fire Station No.4. Our original
recommendation was to use the lowest quote and we were in the process of developing
final recommendation on this matter when the vendor with the lowest price withdrew
their quote.
We then entered into discussions with the second lowest bidder and developed the
final set of recommendations, which resulted in a proposal presented to the City Manager
with a recommendation for City Commission consideration on December 5, 2006.
A copy of the original spreadsheet with the three quotations is attached.
'?~ ~.L
Kerry B. Koen
Fire Chief
KBK/cls
Attachment: 1
FIRE-RESCUE DEPARTMENT HEADOUARTERS . 501 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444-2555
(561) 243-7400. FAX (561) 243-7461
Printed Oil Recycled Paper
Station #4 Modular Facility
Used New New
GE Modular M/Space AMS
Size 24 x 61 = 1440 sq.ft. 42 x 61 = 2562 sq. ft. 24 x 60 = 1440 sq. ft
Delivery Time 4-6 weeks 6 weeks 6 x 8 weeks
18/24 Mo. lease $1, 155.00x18 = $20,790 3,038x18= 54,684 $2,680.00x24=$64,320.
Delivery Set-up/Remove $3,740.00 $18,000.00 $3,800.00
Blue Prints x 2 $500.00 N/A N/A
Ramp Assembly/Steps $495.00 included $440.00x24=10,560
Block level & Tie Down $500.00 included included
Ramp/Step Removal $495.00 included 1,250.00
Modification labor $8,390.00 N/A N/A
Alarm/Sprinkler ? included 8,475.00
Skirting included 2,650.00
Total 34,910 72,684 91,055
1**ltems Not Included
Permits
Site Prep
Water/Sewer/Electrical
RadiolTone Alert System
Appliances
Alarm System
Sprinkler System
Phone system
Computers
Cable TV
8000 North Federal Highway
Suite 106
Boca Raton, Florida 33487
Phone_561.953.5204
Fax_561.953.5205
www.mspaceholdings.com
--
~~
MlsPACE
Delray Beach Fire Rescue
Richard Ackerman
Acting Assistant Chief
501 W. Atlantic Avenue
Delray Beach, Florida 33444
Mr. Ackerman:
Please find included the pricing breakdown and terms for the modular fire
station (42 x 61 - (3) 13'8" x 61' Fire Station) per our meetings and
subsequent conversations.
. Modular Building Monthly Rate (18) Eighteen Months: $3,038.00 per
month.
Eighteen (18) Month Building Cost: $ 54,684.00
. Delivery, Set and Seam and Breakdown, Return of Modular at end of
Lease: $ 1,177.00 per month.
Eighteen (18) Month One Time Cost $ 21,186.00
. Total Monthly Lease for 18 Months: $ 4,215.00 per Month or $ 75,870.00
for the Eighteen (18) Month Term.
. Monthly Lease Rate after the original Eighteen months on a month to
month rate would be $ 3,038.00.
. Monthly payment does not include any insurance, state, local or other
tax, licensing, maintenance, or other applicable charges.
. Cost Break Down on one times: Delivery: $7,062.00 I Set and Seam: $
7,062.00 I Break Down and Return: $7,062.00.
NEW YORK _ UTAH _ MICHIGAN _ CONNECTICUT _ FLORIDA
Terms of Lease or Purchase Order to be issued
I. Pricing excludes all state, federal and local tax.
2. Pricing does not include unknown or unforeseen events such as lack of natural resources, driver
wait time, escorts, customer readiness, or site preparation, which may affect the pricing included
herein.
3. Permits, footings, site preparation, electrical and plumbing connections and disconnections are not
included unless specified in this proposal. Pricing does not include dumpster charges or hauling
of debris or removal of blocks.
4. Block & level and delivery price is based on level site with clear, unobstructed access. Additional
charges will be applied for blocking required for finished floor height in excess of the standard 30"
or on un-level sites, where additional blocking is required. Minimum soil density is required prior
to delivery ofunit(s). This Quote is subject to standard Rock and Utility clause.
5. Pricing is based on non-union, non-prevailing wages.
6. Quote is based on acceptance of standard terms and conditions and credit approval.
7. Customer is responsible for:
a. Proof of insurance for the full value of the equipment for the entire lease/rental
term.
b. Site conditions and costs to re-block and level the building if necessary
c. Personal property taxes quoted with the operating lease rates and shall be added to the
contract.
d. Changes required by local code or building inspectors.
8. All items not specifically addressed in this Quote are excluded from this proposal.
Thank you for the opportunity to quote your modular needs and should you have any
questions or concerns please feel free to call.
Sincerely,
Wlliam J. Roberts
M SPACE HOLDINGS, LLC -- INSURANCE REQUIREMENTS
Full Name of Lessee:
PO/Agreement Number:
Lessee, at Lessee's sole cost, will procure and keep in full force and effect, from the initial delivery date
and until the return of all Units, the following policies of Insurance, satisfactory to Lessor as to the insurer
and as to the form and amount of coverage, with premiums prepaid:
. Commercial General Liability Insurance with a minimum combined single limit of $1,000,000
per occurrence, written on an occurrence form, including coverage for premises, operations,
contractual liability, broad form property damage, independent contractors and personal injury
liability, naming Lessor as an additional insured.
· Commercial Property Insurance protecting against all loss and damages, at full replacement cost,
sustained or suffered due to the loss of or damage to the Units as a result of collision, ftre,
lightning theft, flood, windstorm, explosion or any other casualty, naming Lessor as a loss payee
and additional insured.
Lessee will deliver certiftcates evidencing all such insurance to Lessor within fourteen (14) days after
Units are delivered to Lessee's site, time being of the essence. Each certifIcate will state that such
insurance will not terminate or be materially changed without thirty (30) days prior written notice to
Lessor.
If Lessee fails to deliver, or keep in effect, the insurance certiftcates as required by this Agreement,
Lessee shall be in Default under this Agreement, and, at Lessor's option, Lessor may obtain such
insurance for Lessee at Lessee's cost.
Obtaining the insurance as described above will not affect Lessee's obligations and indemnities under this
Agreement, and the loss, damage to, or destruction of any of the Units will neither terminate this
Agreement nor, except to the extent that Lessor is actually compensated by insurance paid for by Lessee,
relieve Lessee of any of Lessee's liability under this Agreement.
LESSEE ACCEPTANCE:
Name:
Title:
Signature:
Date:
Date: November 17.2006
AGENDA ITEM NUMBER:
~.F
AGENDA REQUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: December 5. 2006
Description of agenda item (who, what, where, how much):
Approval of lease/PO agreement with M Space Holdings. LLC for a triple-wide modular
facility as a temporary facility for Fire Station No.4. Total cost of the facility rental is
$75.870.00 or $4.215.00/month over an eighteen (18) month time period. Funding is
available in account #001-2311-522-44-20.
Recommendation: Approve agreement.
\/~ ~ ,L
Department Head Signature: _ l ~ ,~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~o Initials: tf7f
A tN b C"lc)/ -Z3/1-[;22 - '(tf.2()
ccoun um er v
~/din5 ~cd IUtt~
Account Balance, $ 3~ 9t/D 12,6.Lu IULycs-L'.ef (r1;:,:::;~ /07)
(if applicable)
Description
Funding Alternatives:
City Manager Review:
Approved for Agend" @/ No Initial" P1
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER ~
AGENDA ITEM # ct. G - REGULAR MEETING OF DECEMBER 5. 2006
LEASE AGREEMENT /REGIONS FINANCIAL CORPORATION
TO:
SUBJECT:
DATE:
DECEMBER 1, 2006
This is before the City Commission to approve the Master Lease Purchase Agreement in the amount
of $131,420.00 with Regions Financial Corporation financing eighty-two (82) club carts at a rate of
3.77% for a forty-eight (48) month term and authorize the execution of the documents.
The City Attorney has reviewed the Master Lease Purchase Agreement.
Funding is available from 001-7111-519-71.50 (General Fund/Lease Purchase-Principal) and 001-
7111-519-72.50 (General Fund/Lease Purchase-Interest).
Recommend approval of the Master Lease Purchase Agreement in the amount of $131,420.00 with
Regions Financial Corporation financing eighty-two (82) club carts at a rate of 3.77% for a forty-eight
(48) month term and authorize the execution of the documents.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager Regions Financial Corp Lease Agmt club carts 1205.06.doc
MEMORANDUM
To:
David T. Harden, City Manager
From:~
Thru:
Rebecca S. O'Connor, Treasurer
Joseph M. saffor~tor of Finance
Date:
Proposed Lease Agreement - DBGC Golf Carts
November 29, 2006
Subject:
Backaround
On November 17, 2006, the City Finance Department received bids for the above referenced
financing ("Lease Agreement"). The Lease Agreement will provide funding for the cost of the
acquisition of 82 Club Car golf carts totaling $131,420.
Term
We asked that the banks make their bids based on a 4-year fixed rate term.
Bid ResDonses
The City received responses from Regions Financial Corporation, BB&T and SunTrust Leasing.
Regions Financial Corporation is the only institution that responded by the deadline and was also
the lowest bid. Please see the table below:
Bank Rate Payment Interest Misc. Total Cost
Upfront Cost Cost
or in
Arrears
Reqions Bank 3.77% Arrears $9,919 $0 $10,363
SunTrust 3.975% Upfront $10,472 $100 $10,572
Leasinq
BB&T 3.900% Arrears $10,270 $0 $10,730
Recommendation
We recommend approving Regions Bank as well as authorizing the execution of such documents
that may be necessary to execute a Master Lease Agreement and to approve the lease purchase
of 82 golf carts at a rate of 3.77% for a 48 month term.
File: lease/golf carts 07
Master Governmental Lease Purchase Agreement
This MASTER GOVERNMENTAL LEASE PURCHASE AGREEMENT (Agreement) is made the _ day of December. 2006 between
REGIONS FINANCIAL CORPORATION ITS SUBSIDIARY OR AFFILIATE SIGNING BELOW, with its principal office at Palm
Beach County. FL . (Lessor) and City of Del ray Beach. with its principal office at Delray Beach , ~ (Lessee).
Section 1. Declaration of Intent to Lease: Delivery and Acceptance of Items in Schedule: Master Governmental Lease Purchase
A2reement.
A. Lessor hereby leases to Lessee, and Lessee leases from Lessor, each Item of Equipment listed in the Schedules to this Agreement
(hereinafter referred to collectively as "Equipment" and individually as "Item", "Items" or "Items of Equipment") for the rental
and for the lease term specified in the applicable Schedule, subject to the terms and conditions in this Agreement and such
Schedule attached hereto.
B. Lessee will cause to be tendered to Lessee, at Lessee's expense, each Item listed in each Schedule at the location indicated in that
Schedule. Lessee will inspect each Item, and either accept or reject delivery. Lessee's acceptance of delivery after having the
right of inspection or Lessee's failure to give Lessor written notice of rejection within two (2) days after delivery, whichever first
occurs, shall constitute Lessee's acknowledgement that: (i) each Item is of the size, design, capacity, specification and
manufacture selected by Lessee; (ii) Lessee is satisfied that such Item is suitable for its purpose and such Item is fit for its
intended use; (iii) Lessor is neither a manufacturer of such Items nor a dealer therein; (iv) Lessee waives any and all defenses
which it may have against Lessor arising from the Item including, but not limited to, the operation, delivery or condition; and (v)
Lessee accepts said Equipment AS IS, WHERE IS AND WITH WAIVER OF ALL WARRANTIES AS SET FORTH
HEREIN. Lessee will, where required by Lessor, sign a Certificate of Acceptance acknowledging acceptance of delivery.
C. This Agreement is a Master Governmental Lease Purchase Agreement which covers the Equipment listed in the individual
Schedules, which Schedules are attached to and made a part of this Agreement upon their execution. The terms "Lease" or
"Agreement" or "Lease Agreement" refers to this Master Governmental Lease Purchase Agreement as well as all Schedules,
documents and agreements executed pursuant hereto by Lessor and Lessee.
D. As used herein, the "State" shall mean the State of Florida
Section 2. Lease Term and Rental.
A. The rental term of this Lease with respect to any Item shall commence on the date specified in the Schedule listing said Item and
shall end, on the last day of such fiscal year of Lessee and, unless this Lease is terminated in accordance with the provisions of
Section 21 ofthis Lease, this Lease will automatically be renewed for each succeeding one year period set forth in the applicable
Schedule through the maximum rental term specified in such Schedule.
B. Lessee shall pay to Lessor Rental ("Rental") for each Item in the amount and at the times specified in the applicable Schedule.
C. In the event any Rental or other amount payable hereunder shall not be paid when due and shall remain unpaid for ten (10) days
thereafter, Lessee shall pay to Lessor, the amount due with interest from the due date at the rate stated in the applicable Schedule.
D. All payments provided for in this Lease to be made to Lessor shall be made to Lessor at the address indicated herein or at such
other place as Lessor shall specify in writing.
E. The Rental and other amounts payable by Lessee hereunder shall continue to be payable in all events unless the obligations to
pay the same be terminated pursuant to the express provisions of this Lease. This Lease is a net lease and Lessee shall not be
entitled to any abatement or set-off of Rental and other charges payable hereunder by Lessee or withholding thereof from Lessor
or any reduction thereof, for any reason, nor, except as otherwise expressly provided herein, shall this Lease terminate, or the
respective obligations of Lessor or Lessee be affected for any reason.
Section 3. Selection: Representation. Warranty and Disclaimer of Warranties.
A. Lessee acknowledges, represents and warrants that it has made the selection of the Equipment based on its own judgment and
expressly disclaims any reliance upon statements made by or on behalf of the Lessor.
B. Lessor warrants to Lessee that, so long as Lessee shall not be in default of any of the provisions of the applicable Schedule of
this Lease, neither Lessor nor any assignee or secured party of Lessor will disturb Lessee's quiet and peaceful possession of the
Equipment and Lessee's unrestricted use thereof for its intended purpose. LESSOR MAKES NO OTHER WARRANTY,
EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, TITLE
TO OR THE VALUE, DESIGN OR CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS
FITNESS OR CAPACITY OR DURABILITY FOR ITS ORDINARY USE OR ANY PARTICULAR PURPOSE, THE
QUALITY OF MATERIAL OR WORKMANSHIP OF THE EQUIPMENT OR CONFORMITY OF THE
EQUIPMENT TO THE PROVISIONS AND SPECIFICATIONS OF ANY PURCHASE ORDER OR ORDERS
RELATING THERETO OR ITS COMPLIANCE WITH, OR SATISFACTION OF, THE REQUIREMENTS OF ANY
LAW, RULE OR CONTRACT AND, AS TO LESSOR, LESSEE LEASES THE EQUIPMENT" AS IS". Lessor shall not
be liable, to any extent whatever, for the selection, quality, condition, merchantability, suitability, fitness, operation or
performance of the Equipment. Without limiting the generality of the foregoing, Lessor shall not be liable to Lessee for any
liability, claim, loss, damage or expense of any kind or nature (including strict liability in tort) caused, directly or indirectly, by
the Equipment or any inadequacy thereof for any purpose, or any deficiency or defect therein, or the use or maintenance thereof,
or any repairs, servicing or adjustments thereto, or any delay in providing or failure to provide any part thereof, or any
interruption or loss of service or use thereof, or any loss of business, or any damage whatsoever and howsoever caused, except
for any such loss or damage caused by the willful acts of Lessor, or its agents, representatives and assigns.
C. Lessor hereby appoints Lessee as Lessor's agent and hereby authorizes Lessee so long as no default or Event of Default has
occurred and is continuing, at Lessee's expense, to assert for Lessor's account, during the term of the applicable Schedule, all of
Lessor's rights, if any, under any manufacturer's, vendor's or dealer's warranty on the Equipment to the extent permitted by law
and agreement, and Lessor agrees to cooperate with Lessee in asserting any such rights; provided, however, that Lessee shall, to
the extent and limits permitted by applicable law, indemnify and hold harmless Lessor for and against any and all claims, and all
costs, expenses, damages, losses and liabilities incurred or suffered by Lessor in connection therewith, as a result of, or incident
to, any action by Lessee in connection therewith or pursuant to the above authorization. Any amount received by Lessor as
payment under any warranty pursuant to the above authorization shall be applied to restore the Equipment to as good condition
as it was or should have been (but for defects giving rise to such payment under warranty) when delivered to Lessee hereunder,
ordinary wear and tear excepted, with the balance of such amount, if any, to be paid over by Lessee. LESSOR MAKES NO
PATENT, LICENSING OR TRADEMARK WARRANTIES OF ANY KIND WHATSOEVER. UNDER NO
CIRCUMSTANCES SHALL LESSOR BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES.
D. Lessee represents and warrants that: (i) Lessee is a duly constituted, organized and validly existing political subdivision existing
under the laws of the State and is authorized to purchase, or Lease with option to purchase personal property and to sell or lease
or otherwise dispose of personal property; (ii) Lessee has full power, authority, and legal right to execute, deliver and perform
the agreements on its part contained in this Lease; (iii) the person or persons executing this Lease on behalf of Lessee have been
duly authorized under the laws of the State and a duly adopted resolution of Lessee's governing body, is in full force and effect
on the date hereof to execute this Lease on behalf of Lessee and to obligate Lessee hereunder; (iv) Lessee has taken all necessary
steps or complied with all procedures required for the authorization and execution of this Agreement; (v) all payments which are
made hereunder will be paid out of funds which are legally available for such purpose; (vi) Lessee does not require the approval
of, or the giving of notice to, any Federal, State, local or foreign governmental authority in order to enter into this Lease; (vii)
Lessee is not required to submit this Lease to Lessee's electorate for approval; (viii) Lessee, by entering into this Lease, does not
violate any law binding on Lessee or contravene any indenture, credit agreement, or any other agreement under which Lessee is
a party or by which it is bound; (ix) this Lease constitutes a legal, valid and binding obligation of Lessee, enforceable in
accordance with its terms; (x) there are no pending or threatened actions or proceedings before any court, administrative agency
or other tribunal or body or judgments which may materially adversely affect Lessee's financial condition or operations; (xi) the
Equipment is personal property and is not now nor will it become either real property or a fixture or inventory; (xii) the use of
the Equipment is essential to Lessee in the discharge of its duties as a Governmental body; (xiii) the Lease application (if any) is
true and is not misleading; (xiv) the execution of this Agreement does not constitute a default in any other agreement of Lessee;
(xv) there is not existing, and Lessee will not directly or indirectly create, incur, assume or suffer to exist, any mortgage, security
interest, pledge, lien, charge, encumbrance or claim on or with respect to the Equipment, title thereto or any interest therein,
except the respective rights of Lessor and Lessee under this Lease and further excepting, any mortgage, security interest, pledge,
lien or encumbrance granted by Lessor; (xvi) the Equipment is of size, design, capacity and manufacture selected by Lessee and
will be suitable for Lessee's purposes; (xvii) Lessee will cause to be done, executed, acknowledged and delivered all and every
such further acts, instruments, conveyances and assurances as Lessor shall require for accomplishing the purposes of this Lease;
(xviii) Lessee, upon delivery of the Equipment under this Lease, shall cause said Equipment to be duly registered, and at all
times thereafter to remain duly registered, in the name of Lessor, or at Lessor's request shall furnish to Lessor such infonnation
as may be required to enable Lessor to make application for such registration, and shall promptly furnish to Lessor such
information as may be required to enable Lessor to timely file any reports required to be filed by it as Lessor under this Lease or
as the owner of the Equipment with any govemmental authority; (xix) Lessee has complied with insurance provisions of Section
8; (xx) Lessee will execute and/or file any reports or tax forms required by State or Federal authorities; (xxi) Lessee and its
governing body reasonably believe that Lessee shall have sufficient available funds during each fiscal year through the
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maximum rental term to elect to appropriate monies to make the Rental payments hereunder; and (xxii) all actions of the
governing body of the Lessee and its members concerning this Lease have been taken in accordance with the laws of the State.
Section 4. Taxes.
A. LESSEE WILL PAY PROMPTLY AS AND WHEN DUE, AND WILL TO THE EXTENT AND LIMITS PERMITIED BY
APPLICABLE LAW INDEMNIFY AND HOLD LESSOR HARMLESS FROM, ALL SALES, USE, PERSONAL
PROPERTY, LEASING, LEASING USE, STAMP, INTANGIBLES OR OTHER TAXES, LEVIES, IMPOSTS, DUTIES,
CHARGES, FEES OR WITHHOLDINGS OF ANY NATURE (TOGETHER WITH ANY PENALTIES, FINES OR
INTEREST THEREON) IMPOSED AGAINST LESSOR, LESSEE OR THE EQUIPMENT BY ANY FEDERAL, STATE,
LOCAL OR FOREIGN GOVERNMENT OR TAXING AUTHORITY UPON OR WITH RESPECT TO THE EQUIPMENT
OR UPON THE PURCHASE, OWNERSHIP, DELIVERY, LEASING, POSSESSION, USE, OPERATION, RETURN OR
OTHER DISPOSITION THEREOF, OR UPON THE RENTALS, RECEIPTS OR EARNINGS ARISING THEREFROM, OR
UPON OR WITH RESPECT TO THIS LEASE (EXCLUDING, HOWEVER, FEDERAL, STATE AND LOCAL TAXES ON,
OR MEASURED BY, THE NET INCOME OF LESSOR); PROVIDED, HOWEVER, TO THE EXTENT ONLY THAT ANY
SUCH TAX, LEVY, IMPOST, DUTY, CHARGE, OR WITHHOLDING IS BEING CONTESTED BY LESSEE IN GOOD
FAITH AND BY APPROPRIATE PROCEEDINGS, STAYING PAYMENT (BUT ONLY SO LONG AS LESSOR
REASONABLY DETERMINES THAT SAME DOES NOT ADVERSELY AFFECT LESSOR'S INTEREST IN THE
EQUIPMENT OR THIS LEASE), LESSEE MAY WITHHOLD PROMPT PAYMENT BUT SHALL INDEMNIFY AND
HOLD LESSOR HARMLESS THEREFROM TO THE EXTENT AND LIMITS PERMITTED BY APPLICABLE LAW.
Nothing herein contained shall be deemed to impose any liability to pay taxes, assessments or charges where none is imposed by
law. In case any report or return is required to be made with respect to any obligation of Lessee under this Section or arising out
of this Section, Lessee will either make such report or retum in such manner as will show the ownership of the Equipment in
Lessor and send a copy of such report or return to Lessor, or will notify Lessor of such requirement and make such report or
return in such manner as shall be satisfactory to Lessor. Lessor agrees to cooperate fully with Lessee in the preparation of any
such reports or retums.
B. Lessee represents, warrants and covenants that: Lessee shall not take any action or refrain from taking any action (nor shall it
cause or, to the best of its ability, allow any other party to do so) which act or failure to act would adversely affect the exclusion
from gross income for federal income tax purposes of the interest portion of the Rental hereunder. The Lessee will not allow any
investment of the proceeds or other funds which would result in the obligations under this Lease being characterized as
"arbitrage bonds" under Section 148 of the Internal Revenue Code of 1986, as amended ("Code"). The Lessee shall take all
actions required under the Code necessary to preserve the exclusion from gross income for federal income tax purposes of the
interest portion of the Rental hereunder including the calculation and payment of any rebate and the timely filing of any and all
informational or other retums, all prepared and filed at Lessee's sole cost and expense.
C. The Lessee hereby designates the Lease as a qualified tax-exempt obligation under Section 265(b)(3) of the Code, and shall
make all necessary filings in order to effectuate such election. The Lessee represents that neither the Lessee nor any subordinate
entities or entities issuing tax-exempt obligations on behalf of the Lessee within the meaning of Section 265(b)(3) of the Code
have issued or expect to issue tax-exempt obligations during the calendar year in which this Lease is signed, (including the
Lease) which taken together would have an aggregate face amount in excess of$IO,OOO,OOO.
Section 5. Title: Use. Maintenance: Identification Markin!!.
A. Lessor retains full legal title to the Equipment notwithstanding the delivery thereof to, and the possession and use thereof by,
Lessee. Nothing contained herein or in any Schedule shall give or convey to Lessee any right, title or interest in or to any of the
Equipment, except as Lessee. However, title to the Item of Equipment shall automatically pass to Lessee, subject to all the
waivers and disclaimers of warranty set forth herein, without further action by Lessor upon completion of the maximum lease
term as specified in the applicable Schedule according to its terms and conditions, or where Lessee has paid to Lessor the
outstanding principal balance plus accrued interest at the interest rate stated in the applicable Schedule (not to exceed in any
event the maximum rate of interest permitted by law).
B. Lessee will exercise due care in the use, operation, and maintenance of the Equipment and will use, operate and maintain the
Equipment only in the careful, proper and normal manner and for its intended use and in accordance with manufacturer's
specifications, and will not use, operate or maintain the Equipment improperly, carelessly, or in violation of any specification,
instruction or warranty of manufacturer or vendor or any applicable law, ordinance or regulation, or for a purpose or in a manner
contrary to the normal operation or need of the Lessee.
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C. After the expiration of the manufacturer's or vendor's warranty period applicable to the Equipment, Lessee shall provide for the
service, repair, and maintenance of the Equipment at its own expense as to keep the Equipment in at least as good condition,
repair and working order as when accepted hereunder, ordinary wear and tear excepted. Any maintenance/service agreement
entered into by the Lessee shall provide for preventive and remedial maintenance which will include the replacement of any and
all portions of the Equipment which may from time to time become worn out or rendered unfit for use due to the normal
operation of the Equipment. All such replaced parts and accessories (and any other parts or accessories added to or attached to
the Equipment which are not readily removable without damage or diminution in operation or value of the Equipment) shall be
free and clear of liens and encumbrances and rights of others and, when substituted or integrated into the Equipment, said parts
shall become a part thereof and shall be covered by the terms of this Agreement to the same extent as the Equipment originally
acquired hereunder.
D. Lessee agrees to place such markings, plates, or other identification on Items of Equipment showing Lessor's title thereto as
Lessor may from time to time request, provided such identification markings, fumished by Lessor, are placed so as not to
interfere with the usefulness of the said Equipment. Except as above provided, Lessee will not allow the name of any person,
association or corporation to be placed on the Equipment as a designation that might be interpreted as a claim of ownership. To
the extent and limits permitted by applicable law, Lessee shall indemnify Lessor and any third party dealing with Lessor against
any liability, loss or expense incurred by Lessor or such third party dealing with Lessor as a result of any act of omission of
Lessee which is inconsistent with the provisions of this paragraph
Section 6. Inspection.
Upon the request o~Lessor, Lessee shall advise Lessor as to the location of each Item of Equipment and shall, at any reasonable
time, make the Equipment available to Lessor or Lessor's agent for inspection at the place where it is ordinarily located, and shall
make Lessee's records pertaining to the Equipment available for Lessor's inspection.
Section 7. Loss or Destruction.
A. Lessee shall bear the risk of loss with respect to any damage, destruction, loss, theft, or govemmental taking of any Item,
whether partial or complete and whether or not through any default or neglect of Lessee. Except as provided in this Section 7, no
such event shall relieve Lessee of its obligation to pay Rental hereunder. In the event any Item of Equipment shall be lost, stolen,
destroyed, damaged beyond repair, subject to governmental taking, or permanently rendered unfit or unavailable for use for any
reason whatsoever (an "Event of Loss"), Lessee shall promptly, but in any event within ten (10) days of the Event of Loss, give
written notification to Lessor of said loss and of the facts pertaining thereto, in which notification Lessee shall elect either (1) to
replace such Item of Equipment at Lessee's own cost, or (2) to pay Lessor the Casualty Value of such Item or Items (as
hereinafter defined).
B. Should Lessee elect to replace such Item, any replacement Item shall be free and clear of all liens, encumbrances and rights of
others, and shall be in as good condition, and shall have a value and utility determined by Lessor to be at least equal to the
replaced Item, as if such Item were in the condition and repair required to be maintained by the terms hereof. And such
replacement Items shall become the property of Lessor, and shall immediately become subject to this Lease, and shall be deemed
part of the Equipment for all purposes hereof, to the same extent as the property originally comprising the Equipment;
whereupon such replaced Item of Equipment shall no longer be deemed part of the Equipment leased hereunder, and Lessor shall
transfer to Lessee, without recourse or warranty, all of Lessor's right, title and interest, if any, therein. In the event Lessee elects
to replace such Item of Equipment, Lessee's obligation to pay Rental as set forth in this Lease Agreement shall remain
unchanged. Lessee further agrees to execute such documents and instruments as deemed necessary by Lessor to include such
replacement Items in this Lease Agreement.
C. Should Lessee elect not to replace such Item of Equipment then Lessee shall pay to Lessor, on the next Periodic Rental payment
date for such Item following such Event of Loss, the Casualty Value of such Item or Items. As used herein, "Casualty Value"
shall mean: (a) that portion of the Loan Balance as of such date indicated on the Debt Amortization Schedule attached to the
Schedule for such Item or Items which is reasonably allocated to such Item or Items by Lessor, together with interest on such
portion from the immediately-preceding Rental Payment Date to the date of payment at the Interest Rate specified in such
Schedule, or, (b) if no Debt Amortization Schedule is attached to the Schedule for such Item or Items, that portion of the
unamortized Principal indicated in such Schedule which is reasonably allocated to such Item or Items by Lessor, together with
interest as aforesaid. Lessor shall deliver to Lessee a copy of its calculations in determining the amount of such payment.
Section 8. Insurance.
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At its own expense, Lessee shall maintain insurance on each Item of Equipment for an amount not less than the greater of the
unpaid Rental hereunder with respect to such Item or the replacement value thereof or the actual value of such Item, and shall
maintain adequate comprehensive general public liability, auto liability if applicable, products liability and property damage
insurance with respect to each Item, said insurance to be in an amount not less than the amount specified in the Schedule
applicable to said Item attached to this Lease Agreement and, in any event, in an amount sufficient to provide full coverage
against all loss and liability. All such insurance shall name Lessor as a loss payee and an additional insured and shall provide
that said policy may be altered or canceled by the insurer only after thirty (30) days prior written notice to, and that losses shall
be adjusted only with and paid to, Lessor and its assignee, if any, and Lessee, as their interests may appear. Certificates or other
evidence satisfactory to Lessor (including, without limitation, endorsements) showing the existence of such insurance, the terms
and conditions of the policy, and payment of the premium therefore shall be delivered to Lessor prior to execution of each
Schedule and from time to time thereafter as requested by Lessor. In the event Lessee shall fail to obtain or maintain insurance
in accordance with the provisions of this Section 8, Lessor shall have the right to obtain such insurance as Lessor deems
necessary, and Lessee shall be obligated to, and shall upon demand, reimburse Lessor for the payment of all premiums therefore
together with interest computed from the date of Lessor's payment at the interest rate specified in the Schedule. If any insurance
proceeds are received with respect to an occurrence which does not constitute an Event of Loss under Section 7 of this
Agreement, or if Lessee elects to replace the Item or Items so lost or destroyed under the provision of Section 7 of this
Agreement then the proceeds will be applied in payment for repairs and replacement property required pursuant to Sections 5
and 7 of this Agreement, or to reimburse Lessee for having made such payments.
Section 9. Indemnification and Exoenses.
Lessee shall, to the extent and limits permitted by applicable law, defend, indemnify and save harmless Lessor or any assignee or
transferee of Lessor and their respective agents and servants from and against any claim, cause of action, damage, liability, cost,
fee or expense (including attorney fees, paralegal fees, and costs in connection therewith) which reasonably may be incurred in
any manner by or for the account of any of them (i) arising out of, connected with or resulting from, this Lease; (ii) relating to
the Equipment or any part thereof including without limitation the manufacture, construction, selection, purchase, delivery,
installation, ownership, leasing or return of the Equipment or as a result of the use, maintenance, repair, replacement, operation
or the condition thereof (whether defects are patent, latent or discoverable by Lessor or by Lessee); (iii) by reason of Lessee's
failure or refusal to accept the Equipment "AS IS" when delivered to Lessee; (iv) by reason or as the result of any act or omission
of Lessee or its agent or employee; (v) as a result of claims for patent or trademark infringements; (vi) based on any event which
results in any claim for negligence or strict liability in tort; or (vii) based on any personal injury, or death, or damage to property
caused by said Equipment, or caused by or resulting from its use, maintenance, repair, replacement, operation or condition. This
Section 9 shall be effective from the date an Item of Equipment is ordered, though not yet accepted by Lessee, and though the
rental term of this Lease has not yet commenced, and shall remain in effect with respect to anyone or more Items of Equipment
insofar as it relates to an event which occurred prior to the return of the Equipment to Lessor. In addition to the foregoing and
notwithstanding any contrary provision hereof, this Section 9 (and all other "hold harmless and indemnity" provisions of this
Lease Agreement) shall remain in effect as to actions or claims accruing or arising during the term hereof, even though all Rental
has been fully paid and satisfied, until a date which is four (4) years following the payment of the last said Rental; provided,
however, that any such claims shall be payable only from Lessee's available funds. Lessee agrees to give Lessor prompt notice
of any such claim, cause of action, action or liability. Subject to the above, Lessor agrees to cooperate with Lessee in any
defense or other action which Lessee is by this Section obligated to undertake but only at Lessee's sole cost and expense.
Section 10. Transfer and Assil!oment.
A. Subject to the requirements set forth herein, Lessor may assign or otherwise transfer all or any portion of its title to the
Equipment.
B. Subject to the requirements set forth herein, Lessor may at any time, transfer, assign or grant a security interest in this Lease or
any Equipment or any Rental or other sums due or to become due hereunder, and in such event Lessor's transferee or assignee
shall have all of Lessor's rights, powers, privileges and remedies hereunder.
C. Any such assignee shall have all of the rights of Lessor with respect to such interests assigned under this Lease, including the
right to reassign such interest. Upon written notification by Lessor, the Lessee shall make all Rental and other payments when
due under this Lease to the party and at the address designated in such notice, without offset or deduction whatsoever.
Notwithstanding anything herein to the contrary no assignment of the right to receive Rental with respect to this Lease, shall be
5
effective unless Lessor or any assignee of Lessor, as appropriate, shall, at Lessor's or assignee's expense, as appropriate, provide
written notice of such assignment to the Lessee. The Lessee shall keep an accurate record of all such assignments in a form
complying with Section 146 of the Code and the regulations promulgated thereunder. The Lessee shall deem and treat the
person in whose name any interest in this Lease shall be recorded as provided above, as the absolute owner of such interest, for
the purpose of receiving Rental relating to such interest. Any such assignment or encumbrance shall be of Lessor's interest only
and shall be wholly subordinate and inferior to Lessee's rights hereunder. Subject to the foregoing, this Lease shall be binding
upon and inure to the benefit of Lessor and the Lessee and their respective successors and assignees.
D. Lessee shall not assign or sublease its interest hereunder in any Item without the prior written consent of Lessor, which consent
shall be in the sole and absolute discretion of Lessor; provided, however, that as a condition precedent to requesting such
consent, Lessee shall provide Lessor with an opinion of counsel acceptable to Lessor that such assignment or sublease will not
adversely affect the exclusion of the interest portion of the Rental hereunder from gross income for federal income tax purposes;
provided, further, that no such assignment or transfer shall relieve Lessee of its obligations hereunder.
Section 11. Events of Default and Remedies.
A. The following events shall constitute Events of Default: (i) Lessee shall fail to timely make any Rental payment hereunder when
due; (ii) Lessee fails to return any item of Equipment to Lessor in accordance with the terms of this Lease or fails to maintain
insurance in accordance with Section 8 of this Lease; (Hi) Lessee shall fail to make any payment other than Rental required
hereunder or shall fail to perform or observe any other covenant, condition, or agreement to be performed or observed by it under
this Lease; (iv) any representation or warranty made by Lessee in or pursuant to this Lease or any Schedule, supplement,
amendment, or addition thereto, or in any document or certificate furnished Lessor in connection herewith or pursuant hereto
shall prove to be incorrect at any time in any material respect; (v) Lessee shall become insolvent or bankrupt or make any
assignment for the benefit of creditors or consent to the appointment of a trustee or a receiver; or a trustee or a receiver shall be
appointed for Lessee or for a substantial part of its property without its consent and shall not be dismissed within a period of
sixty (60) days; or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against Lessee and, if instituted
against Lessee, shall not be dismissed for a period of sixty (60) days; (vi) judgments aggregating more than One Thousand and
noll00 ($1,000.00) Dollars shall be entered against Lessee and shall not be satisfied or appealed from and execution thereon
stayed within the time provided by law for taking appeals; (vii) if any Item of Equipment or a substantial part of Lessee's
property shall become subject to a judicial lien not released by bond or otherwise; or (viii) Lessor reasonably deems itself
insecure for any reason whatsoever.
B. Upon occurrence of the Event of Default specified in Section 11A (i), llA (iii), 11A (iv), 11A (vi) or lIA(vii) which continued
unremedied for ten (10) days after written notice from Lessor to correct such Event of Default; or upon the occurrence of any
Event of Default specified in Section llA (ii), llA (v) or 11A (viii), Lessor may, at its option; (i) proceed, by appropriate court
action or actions, to enforce performance by Lessee of the applicable covenants of this Lease and/or to recover damages for the
breach thereof, which damages shall be payable solely from Lessee's available funds; (ii) do any or all of the following, each of
which shall be construed as cumulative, and no one of them as exclusive of the others:
1. Without further notice to Lessee terminate this Agreement as to all or any Equipment Schedule
whereupon all rights of Lessee to the use of the Equipment shall absolutely cease and terminate.
Within ten (10) days after termination, Lessee will: (i) deliver all of the Items of Equipment which are
described in such Schedules to an address within the continental United States designated by Lessor;
(ii) certify that such Equipment is not encumbered in any way whatsoever (other than encumbrances
created by Lessor and by this Lease); (Hi) will furnish, at Lessee's expense, a certification by the
manufacturer's authorized service representative of each Item of Equipment that each Item is in the
condition required under Section 5C hereof and is acceptable to be placed under a maintenance
contract meeting the requirements of said Section.
2. Whether or not this Agreement is terminated as to all or any Schedules, take possession of any or all
of the Equipment on any Schedule wherever situated, in full or partial satisfaction as the case may be
of Lessee's obligations to Lessor thereunder, and for such purpose, enter upon any premises without
liability for so doing, and sell, lease or sublease the Equipment for the account of Lessee.
3. By written notice to Lessee declare the entire unpaid Rental for the then current annual term of the
Lease whether such term be the original term, a renewal term, or extension of an existing term plus
interest thereon at the overdue rate specified in the Schedule from the date specified in such notice
(not to exceed in any event the maximum rate of interest permitted by law) to be due and payable as
liquidated damages for loss of bargain and not as a penalty on the date specified in such notice and
6
Lessor may proceed by attachment, suit or otherwise to collect the entire amount which, absent a
default, would have been payable by Lessee hereunder for such term hereof from Lessee's available
funds.
4. Exercise any other right, remedy, election or recourse provided for in this Lease or which may be
available to Lessor under the Uniform Commercial Code as currently in force or as subsequently
revised or renacted (the "UCC") or any other applicable law or action at law or in equity.
C. Moneys received by Lessor from a sale or re-Ietting permitted by Section lIB (2) hereof shall be the absolute property of Lessor
and Lessee shall have no right thereto, nor shall Lessee be entitled to any credit in the event of a deficiency (with respect to the
then current fiscal year) in the Rental received by Lessor for the Equipment. In the event that moneys received by Lessor exceed
all amounts payable hereunder (which, in case of a non-appropriation of funds by Lessee as provided for in Section 21 hereof,
shall include the entire unpaid Rental for the maximum lease term of the Lease whether the then current annual term be the
original term, a renewal term, or extension of an existing term plus interest thereon at the overdue rate specified in the Schedule,
not to exceed in any event the maximum rate of interest permitted by law), Lessor shall pay such surplus to Lessee. To
accomplish the foregoing, Lessee hereby irrevocably appoints Lessor as the agent and attorney-in-fact of Lessee to enter upon
and sell or re-let the Equipment.
D. Lessee shall in any event remain fully liable for reasonable damages as are provided by law and for all costs and expenses
incurred by Lessor on account of such default, including, but not limited to, all court costs and reasonable attorneys fees,
expenses for storing equipment, and expenses in connection with locating another lessee, in each case, payable solely from
Lessee's available funds.
No waiver by Lessor of any breach by Lessee of any obligation of this Lease shall be construed to be a waiver of the obligation
itself or of any subsequent breach of the same obligation or of a breach of any obligation. The acceptance by Lessor of payment
by Lessee of any Rental or the delay or omission to exercise any right or remedy upon occurrence of any breach by Lessee shall
not constitute a waiver of such breach, regardless of Lessor's knowledge thereof. The acceptance and deposit by Lessor of any
check or instrument, regardless of any endorsements or statements thereon or in any letter or transmittal from Lessee, shall not
constitute an accord and satisfaction.
E. THE REMEDIES IN THIS LEASE PROVIDED IN FAVOR OF LESSOR SHALL NOT BE DEEMED EXCLUSIVE
BUT SHALL BE CUMULATIVE AND SHALL BE IN ADDITION TO ALL OTHER REMEDIES IN ITS FAVOR.
LESSEE HEREBY WAIVES ANY AND ALL EXISTING OR FUTURE CLAIMS OF ANY RIGHT TO ASSERT ANY
OFF-SET OR CLAIM WHICH MAY BE ASSERTED BY LESSEE ON ITS BEHALF IN CONNECTION WITH THE
LEASE OF EQUIPMENT.
Section 12. Lessor's Ri2ht to Perform for Lessee.
If Lessee fails to make payments required by this Lease or fails to perform or comply with any of its agreements contained
herein, Lessor may itself, at its sole option (but shall not be required to), make payment or perform or comply with such
agreements. The amount of the reasonable expenses of Lessor incurred in connection with such payment or performance shall be
payable by Lessee to Lessor upon demand together with interest at the rate stated in the Schedule from the date of the expense to
the date of payment by Lessee to Lessor, in each case, payable solely from Lessee's available funds.
Section 13. Further Assurances: Financial Information.
Lessee will promptly and duly execute, communicate, file record and deliver to Lessor such further documents, instruments,
assurances and financing statements and take such further action as Lessor may from time to time reasonably request in order to
carry out the intent and purpose of this Lease and to establish and protect the rights and remedies created or intended to be
created in favor of Lessor. Lessee will fumish Lessor an audit report, on the City's website www.mydelraybeach.com.
containing a balance sheet, income statement and statement of sources and uses of funds prepared by independent certified
public accountants, or other accountants acceptable to Lessor within one hundred twenty (120) days after the close of each fiscal
year of Lessee occurring after the date of this Lease.
Section 14. Notices.
7
All notices required under the terms and provisions hereof shall be in writing, and any such notice shall become effective when
deposited in the United States mail, with proper postage, prepaid, addressed to Lessor or Lessee at the address shown herein or at
such other address as such party shall from time to time designate for itself in writing to the other party. Notice to Lessor is
sufficient if mailed to Lessor at: Post Office Box 1203, Montgomery, Alabama 36102. Notice to Lessee is sufficient ifmailed
to the address set forth in this Agreement. NOTWITHSTANDING THE FOREGOING, ANY NOTICE, REQUEST OR
DEMAND MADE BY LESSEE PURSUANT TO ANY STATUTORY RIGHTS GRANTED LESSEE UNDER ARTICLE
NINE OF THE UCC SHALL ONLY BE EFFECTIVE UPON RECEIPT OF A COPY OF SAID NOTICE, REQUEST OR
DEMAND BY LESSOR AT THE ADDRESS SET FORTH ABOVE WITH THE FOLLOWING CAPTION "ATIENTION:
MANAGER OR OPERATIONS MANAGER".
Section 15. Applicable Law and Severabilitv.
This Lease shall be govemed by the laws of the State, including all matters of construction, validity and performance. Any
provision ofthis Lease determined to be illegal, prohibited or unenforceable in any jurisdiction by a competent court shall, as to
such jurisdiction, be ineffective to the extent of such illegality, prohibition or unenforceability without invalidating the remaining
provisions; provided, however, that to the extent that the provisions of any such applicable law can be waived, they are hereby
waived by Lessee.
Section 16. Modification of Lease Aereement.
No term or provision of this Lease may be changed, waived, discharged or terminated except by a written acknowledgement
signed by the affected party.
Section 17. Time of Essence.
TIME IS OF THE ESSENCE WITH RESPECT TO THIS LEASE.
Section 18. Appointment of Al!ent of Lessor.
Lessor shall have the right, at any time during the term of this Lease, to appoint any party selected by it to act as agent or trustee
for Lessor hereunder.
Section 19. Headinl!s: Terms.
A. Captions in this Lease shall not define or limit any of the terms hereof.
B. Any interest rate specified herein or in any Schedule shall be construed as the lesser of such specified rate or the highest rate
permitted by applicable law.
C. Any reference herein to a "full" or "maximum" Lease Term shall be the term including all renewals or extensions not to exceed
the shorter of the useful life of any item of Equipment or the longest term permitted by applicable law to preserve the legality of
this Lease.
Section 20. Effective Date.
This Lease shall not be effective until it has been signed and accepted by Lessor.
Section 21. Non-Appropriation of Funds.
_All Rental due by Lessee hereunder for each fiscal year this Lease is in effect shall be payable solely out of the current funds of
Lessee which may be lawfully used for such purpose ("Lessee's available funds"). NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, THE PAYMENTS DUE HEREUNDER ARE TO BE MADE ONLY
AFTER AN APPROPRIATION BY THE GOVERNING BODY OF LESSEE IS LAWFULLY MADE THEREFOR
FROM THE LESSEE'S AVAILABLE FUNDS AND NEITHER THE LESSEE NOR ANY POLITICAL SUBDIVISION
OR AGENCY THEREOF SHALL BE OBLIGATED TO MAKE ANY APPROPRIATION FOR ANY SUMS DUE
HEREUNDER FROM AD VALOREM OR OTHER TAXES AND NEITHER THE FULL FAITH AND CREDIT OF
8
THE LESSEE, NOR THE STATE, NOR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF IS PLEDGED
FOR PAYMENT OF SUCH SUMS DUE HEREUNDER AND THE CONTRACTUAL OBLIGATION HEREUNDER
TO REQUEST AN APPROPRIATION TO PAY SAME DOES NOT CONSTITUTE AN INDEBTEDNESS OF THE
LESSEE, THE STATE, OR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF WITHIN THE MEANING
OF ANY CONSTITUTIONAL, STATUTORY OR CHARTER PROVISION OR LIMITATION. Lessee shall cause its
chief financial officer to include all Rental due hereunder in its proposed annual budget and to request the governing body of
Lessee to appropriate in each fiscal year from Lessee's available funds an amount necessary to pay the Rental due in such fiscal
year and to identify same in a line item for such purpose in the budget as enacted. During the term of this Lease Lessee will
fumish upon request to Lessor copies of each proposed budget of Lessee within twenty (20) days after it is filed and of each final
budget of Lessee within twenty (20) days after it is printed will be available on the City's website, www.mydelraybeach.com.
Anything in this Lease notwithstanding, Lessor agrees that this Lease and all of Lessee's obligations to make the Rental are
subject to, and can be terminated by Lessee upon the happening of, a non-appropriation of funds as described in paragraph B of
Section 21 hereof. To the extent applicable constitutional or statutory law requires as a condition precedent to the enforceability
of this Lease, each reference to the term "fiscal year" herein shall be deemed to be a reference to a "fiscal year ending September
30".
B. If Lessee has not appropriated funds in a line item identified for such purpose for its next fiscal year to continue the payment of
Rental hereunder, this Lease, without further act, shall terminate at the end of Lessee's then current fiscal year and Lessee shall
not be obligated to make any payments beyond the end of Lessee's then current fiscal year except for obligations hereunder
accruing prior to such termination which survive termination hereof.
C. In the event of termination of this Lease due to conditions stated in Paragraph B of this Section 21 Lessee shall: (i) deliver, at
Lessee's expense, all of the Equipment to an address within the continental United States as designated by Lessor; (ii) certify that
the Equipment is not encumbered in any way whatsoever (other than encumbrances created by Lessor and by this Lease); and
(iii) furnish, at Lessee's expense, a certification by the manufacturer's authorized service representative of each Item of
Equipment that each Item is in good working condition and is acceptable to be placed under a maintenance contract, if and to the
extent that Lessor reasonably determines that same is readily available.
D. For a period of two (2) years after the end of current fiscal year in which this Agreement is so terminated for lack of appropriated
funds pursuant to Paragraph B of this Section 21, Lessee shall not purchase, lease, rent or otherwise acquire equipment
performing functions similar to those performed by the Equipment under this Agreement, nor will Lessee acquire the use of such
equipment through any other party, agency or entity including but not limited to those affiliated with or hired by Lessee. Lessee
consents to the enforcement of this provision in the courts by injunctive relief or otherwise, and expressly waives any immunity,
now or hereafter existing against suit by Lessor, its transferee or assignee for its enforcement.
E. In the event that Lessee does not appropriate funds and this Lease is to be terminated as provided in Paragraph B of this Section
21, Lessee shall promptly notify Lessor in writing, specifying the amount, if any, which Lessee has appropriated for purposes of
paying rentals, or which is otherwise available for such purpose in Lessee's fiscal budget for the succeeding year. Lessor shall
have the option, exercisable within 10 business days after its receipt of such notice (but in no event after the beginning of the
next fiscal year of Lessee) to restructure this Agreement by (i) reducing the Rentals to an amount which will not exceed funds.
appropriated by Lessee for such purpose and (ii) increasing the rental term of this Lease for an additional period of time
necessary to allow an orderly amortization ofthe balance due plus any additional charges associated with such restructuring. If
Paragraph D or E of this Section 21 or any other provision of this Section 21 shall be found by a court of competent jurisdiction
to cause this Lease to exceed the Lessee's authority or to otherwise be unenforceable against Lessee, such paragraphs or
provisions shall be null, void, ineffective and severable to such extent without invalidating the remaining paragraphs or
provisions of this Lease.
F. Should Lessee desire to terminate this Lease or any Schedule thereto for reasons other than pursuant to Paragraph B of this
Section 21, Lessee may do so only by paying to Lessor the outstanding principal balance plus accrued interest at the interest rate
stated in the applicable Schedule, as the purchase option price therefore whereupon Lessor shall transfer by Bill of Sale all of its
right, title and interest therein to Lessee and this Lease shall terminate with respect to such Item of Equipment.
9
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be duly executed on behalf of each of them on this
_ day of 20_ and the signatories warrant their authority to bind their principals.
Lessee: City of Del ray Beach
Lessor: Regions Bank
Approved
as to fonn:
Title:
Susan A. Ruby
City Attorney
Attested by:
By:
Title:
Chevelle Nubin
City Clerk
Title:
Jerry Heniser
Vice President
Lessee's Address:
100NW 1st Ave
Delray Beach, FL 33444
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 by
, the of Lessor, a state banking corporation, on behalf of Lessor.
Notary Public:
My Commission Expires:
STATE OF
COUNTY OF
instrument
before me this _ day of
of Lessee, on behalf of Lessee.
20. by
Notary Public:
My Commission Expires:
10
Schedule Number ....L. to
Master Governmental Equipment Lease Agreement
This Schedule is hereby integrated into and made a part of the Master Governmental Lease Purchase Agreement ("Lease") between
the signatories hereof dated . Lessor leases to Lessee and Lessee leases from Lessor the below described Items
of Equipment (hereinafter referred to collectively as the "Equipment" and individually as an "Item" or "Items of Equipment") for the
Rental Term or Terms and for the Rental or Rentals payments specified below, subject to all terms and conditions of said Lease and this
Schedule. The terms and conditions of said Lease govern except when contrary to the specified terms of this Schedule.
1. Description of Equipment with Serial Numbers:
SEE ATTACHED EQUIPMENT SCHEDULE
2. The above Items May Not be subleased, without prior written permission of Lessor.
3. Term of Lease: The full term of the lease for the Equipment shall be for a period of Four (4) , Forty-eight (48) (years,
months). The initial term shall commence the day of ,20_ and shall expire on
. The remaining term of this Lease will be for a period of L.-J
months which shall be divided into L), renewal periods hereinafter referred to as "renewal term(s)"
that coincide with the dates of the fiscal year of Lessee. The first renewal term is scheduled to begin on
Except as otherwise provided in the Lease, as long as Lessee continues to make the payments herein when due and is not
otherwise in default, the Lease as to the Equipment shall be automatically renewed at the end of each renewal term for an
additional separate annual period or renewal term upon the same terms and conditions as stated in the Lease.
4. Rental: Lessee shall pay to Lessor, Rental for the use of the Equipment from to
, in the total amount of $141.782.88, plus tax if applicable, which will consist of 48 monthly
payments of $2.953.81 plus tax if applicable, the first payment being due on , and on the
same day of each succeeding month thereafter until paid in full, together with any and all other amounts to become due in
accordance with the terms of the Lease. Consequently, the total Rental that will be due and payable by the Lessee during the
initial term hereof will be $ , and the total Rental that will be due and payable by the Lessee during any
renewal term hereof will be $ (except that the total Rental coming due during the final permitted renewal term .
hereof will be $ ).
5. Equipment Location: The Equipment shall be located at 2200 Highland Ave. in Delray Beach, County of Palm
Beach, State ofFL (Location), which Location is owned by City of Delray Beach.
6. Principal: The principal portion of Rentals due pursuant to this Schedule shall be $131.420.00.
Interest Rate: Interest rates implicit in such Rentals shall be 3.77% per annum. OVERDUE RATE: N/A % per annum.
THESE RATES APPLY TO THIS SCHEDULE ONLY.
7. Insurance: The minimum amount ofinsurance required under the terms of the Lease shall be as follows:
a. Liability: $1.000,000.00
b. Physical Damage: Self-insure
The foregoing amounts of insurance are minimum amounts only, Lessee expressly agreeing that in any event the
insurance shall at all times be in an amount which shall be sufficient to provide full coverage against all loss and
liability. Unless otherwise expressly specified herein, the herein above described insurance shall expressly cover all the
herein above described Equipment.
8. Legal Opinion: Lessee will furnish Lessor, at Lessee's expense, a legal opinion in form and substance satisfactory to Lessor,
confrrming that:
a. The Master Governmental Lease Purchase Agreement and Schedule to Master Governmental Lease Purchase
Agreement are valid and binding documents and are enforceable in accordance with their terms.
b. The Lease, this Schedule and all related documents have been properly executed and the person (persons) executing the
Lease documents is (are) properly authorized under the Laws of the State of Florida and applicable resolution of
the governing body of Lessee to obligate Lessee for this Lease.
c. Funding for the described lease rental payments for fiscal year 2006 , has been properly approved and budgeted by
Lessee.
d. All bid laws, competitive procedures and "Sunshine" laws to which Lessee is subject have been satisfied.
e. Lessee's obligation under the Lease does not constitute nor create indebtedness prohibited by applicable state statutory
or constitutional law or regulations (citing same).
f. Interest paid by Lessee under this Schedule will be exempt from Federal Income Tax as specified under Section 103 of
the Internal Revenue Code of 1986.
9. DISCLAIMER FOR MOTOR VEHICLES IF APPLICABLE: The Lessee acknowledges, confirms and consents to the
Lessor executing a disclaimer in substantially the same form as follows:
"ALL WARRANTIES, IF ANY, BY A MANUFACTURER OR SUPPLIER OTHER THAN DEALER ARE THEIRS, NOT
DEALER'S AND ONLY SUCH MANUFACTURER OR OTHER SUPPLIER SHALL BE LIABLE FOR PERFORMANCE
UNDER SUCH WARRANTIES, UNLESS DEALER FURNISHED BUYER WITH A SEPARATE WRITTEN WARRANTY
OR SERVICE CONTRACT MADE BY DEALER ON ITS OWN BEHALF, DEALER HEREBY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE: (A) ON ALL GOODS AND SERVICES SOLD BY DEALER, AND (B) ON
ALL USED VEHICLES WHICH ARE HEREBY SOLD AS IS - NOT EXPRESSLY WARRANTED OR GUARANTEED."
IN WITNESS WHEREOF, the parties hereto have caused these this Schedule to be duly executed on behalf of each of them on this ..
day of 20" and each signatory warrants authority to bind his principal.
Lessee: City of Delray Beach
Lessor: Regions Bank
Approved
IS to form:
Title:
Susan A. Ruby
City Attorney
Attested by
By:
Title:
Chevelle Nubin
City Clerk
Title:
Jerry Heniser
Vice President
Witness:
Witness:
Lessee's Address:
100 NW 1st Ave.
Delray Beach, FL 33444
2
AGENDA ITEM NUMBER:
<6. G,
AGENDA REQUEST
Date: 11/30/06
Request to be placed on:
Consent Agenda
Special Agenda
Workshop Agenda
When:
12/5106
Description of agenda Item: Approve master lease agreement with Regions Financial
Corporation; authorizing a 48 month lease of 82 golf carts at a rate of 3.77%; authorizing
the execution of other such documents as may be necessary to complete the transactions
contemplated.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
Recommendation: Recommend the approval of a master lease agreement with Regions
Financial Corporation.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
~^,~
Budget Director Review
(required on aU Items Involving expenditure Of.. funds): J ,.
~"'l::-r..S')\ '30 Ob
Funding available: nla ~'-J- No
Funding alternatives (if applicable): ODI "".J711 7/Sb ~- p",,~,p"c...
tto, 711/ Sl9 7Z-S7) ~- ~r
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda: @. ~ No "-
Hold Until: ~~~~~4~~
Agenda COOrdlna~ew~ ~......
Received:
Action:
Approved:
Disapproved:
P.O. #
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER PJ;;1
AGENDA ITEM # g" H - REGULAR MEETING OF DECEMBER 5, 2006
AMENDMENT NO. 1/S0UND INVESTMENTS BY l.W. INC./PRO DVO
MAKERS
TO:
SUBJECT:
DAlE:
DECEMBER 1, 2006
This is before the City Commission to approve Amendment No.1 to the agreement between the City
and Sound Investments by].W., Inc. d/b/a Pro DVD Makers in the amount of $6,700.00 per year for
three (3) years, to maintain and upgrade our virtual tour on the City's web page.
Funding is available from 001-4111-572-46.90 (General Fund/Other Repair/Maintenance Costs).
Recommend approval of Amendment No. 1 to the agreement between the City and Sound
Investments by J.W., Inc. d/b/a Pro DVD Makers in the amount of $6,700.00 per year for three (3)
years, to maintain and upgrade our virtual tour on the City's web page.
S:\City Clcrk\AGENDA COVER MEMOS\City Manager Mcmos\City Manager Pro DVD Makers Vitural Tours 12.05.06.doc
[ITY DF DElRAY IEA[H
DELRAY BEACH
I i J ~ I I J .'\
D.ft:d
All-America City
, 1111:
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: 3 Year Agreement with Pro DVD Makers
DATE:
November 28, 2006
Attached please find a 3 year agreement with Pro DVD Makers to maintain
and upgrade our virtual tour on our web page at a price of $6,700 per
year. This is to be funded out of account #001-4111-572 -46.90 i the
budget transfer is in the process.
I had asked Pro DVD Makers what the price would be per year to maintain
and upgrade our virtual tour if they did not charge for advertising on
our web page. The price would increase to $24,000 per year.
I recommend the 3 year contract at $6,700 per year and to allow Pro DVD
Makers to sell advertising space on our web page. A disclaimer has been
added to our web page saying the City of Delray Beach does not endorse
and is not affiliated with the businesses advertised.
This agreement has been reviewed for legal sufficiency by the City
Attorney's office. Please place this on the December 5, 2006 agenda for
City Commission consideration.
_9-9-J
of Parks and Recreation
Lanelda Gaskins, Agenda Coordinator
Terrill Barton, Assistant city Attorney
Ref:prodvdcc
@ Printed on Recycler} Paper
THE EFFORT ALWAYS MATTERS
AMENDMENT NO.1 TO THE AGREEMENT
WITH SOUND INVESTMENTS BY J.W., INC. d/b/a PRO DVD MAKERS
THIS AMENDMENT NO. 1 to the Agreement with Sound Investments by
J.W., Inc., d/b/a Pro DVD Makers regarding the virtual tour of the City's Parks online
and on DVD, is entered into this
day of
, 2006, by and
between the City of Delray Beach, a Florida municipal corporation ("the CITY") and
Sound Investments by J.W., Inc., d/b/a Pro DVD Makers ("CONTRACTOR").
WITNESSETH:
WHEREAS, the parties desire to amend the Agreement in this Amendment No.
1, to provide for the service and maintenance of the virtual tours online and extension of
the contract until July 31,2009 and additional payment for same.
NOW, THEREFORE, in consideration of the promises and covenants set forth
herein, and the good and valuable consideration as provided for herein, the parties agree
as follows:
1. Recitations. That the recitations set forth above are hereby incorporated
as if fully set forth herein.
2. Paragraph 1, "Term" of the Agreement of August, 2006, shall be
amended as follows:
Term. This Agreement shall be effective for a period of one (1) four (4) year~
from August 1,2006 until July 31,~ 2010 unless terminated as herein provided.
Paragraph 2, "Services to be Performed" of the Agreement of August 2006, shall
be amended as follows:
Services to be Performed. Contractor's duties shall include, but not be limited
to the following:
a. One (I) photographer (all raw digital photos on disk)
b. Virtual Tours of all facilities mentioned (ultimate exposure package)
c. Custom video/personalized DVD package (custom designed DVD movie
of each listing)
d. Custom branding (logos, pictures, banners, flyers)
e. Marketing partner banner ad spot
(1) Free of charge the City can utilize five (5) banner ad locations that
rotate up in the top right hand comer of every tour. Contractor
will utilize the rest for local businesses. Only professional
businesses (no x-rated, porn, strip clubs, etc.)
f. Information buttons (map button, city button, satellite view button, email
button, download button, schools button, slideshow button, video button)
g. Important text info section (located under each spin for important
information or descriptions)
h. Facility section (this will contain the address, phone number, email,
website, contact person, and hours)
1. Custom flyer button (this pulls up a printable information flyer)
J. Link tour to City's website
k. One (1) copy of each tour on CD
1. Five (5) copies of each facility on custom designed DVD
m. Tour is good for one (1) four (4) years.
n. Provide all necessary materials and supplies.
o. Provide all necessary labor.
p. Provide all ancillary servIces necessary to accomplish the servIces
outlined herein.
q. Provide service. maintenance. and renewal of the virtual tours until the
contract expiration date.
4. Paragraph 4, "Fees" of the Agreement of August, 2006, shall be amended
2
as follows:
Fees. The City shall pay the Contractor a total of Thirteen Thousand Four Hundred
Dollars ($13,400.00) for the services outlined in Section 2 above. Six Thousand Seven Hundred
Dollars ($6,700.00) will be paid to Contractor within thirty (30) days of execution of this
Agreement and the remaining Six Thousand Seven Hundred Dollars ($6,700.00) will be paid
within thirty (30) days of completion of the filming of the virtual tour services. Thereafter, the
City shall pay the Contractor Twenty Thousand One Hundred dollars ($20, I 00.00) for
maintenance services, payable in Six Thousand seven hundred dollar ($6,700.00) increments
every year, starting August 1, 2007 until the expiration of the contract on July 31, 2010.
5. Full Force and Effect. All other terms and conditions of the Agreement
expressly modified by this Amendment No. 1 thereto remain in full force and effect.
4. Entire A2reement. This Amendment No. I contains the entire Agreement
between the parties as it pertains to Amendment No.1.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
By:
Jeff Perlman, Mayor
Approved as to Form:
By:
City Attorney
PRO DVD MAKERS
.
By:
. . iena, President
#7/1-J
3
printName~~F\ PWUJ:l-
STATE OF FLORIDA
COUNTY OF PALM BEACH
~ JI The foregoing instrument. was acknowl;4ged before me
/ uM0/10?7 ' 2006, by ~~ ~
personally known to me or has pr 'duced Af2/t../~tl?I~4f.Jtype ofi
identification. ----
this .2:: day of
, He/She is
ntific
n) as
",," I "" Maryanne Feldman
g~~... "=- Commission #DD187389
~;:" "1).:;g Expires: Feb 24, 2007
",~~.,,:~~ Bonded. nnu
, OF~'~
",,,,,,,, Atlantic Bonding Co., hie.
4
AGREEMENT
THIS AGREEMENT is made this D1~ day of ~
,2006, by
and between the CITY OF DELRA Y BEACH, FLORIDA (the "City") and SOUND
INVESTMENTS BY J.W. IN<;:. d/b/a PRO DVD MAKERS ("Contractor").
WIT N E SSE T H:
WHEREAS, the City desires to engage Contractor's services to provide a
virtual tour of the City's parks online and on DVD; and
WHEREAS, the City has determined that it is in the public's interest to enter into
an agreement with Contractor to provide a virtual tour of the City's parks online.
NOW, THEREFORE, based on the promises and covenants herein contained,
the parties agree as follows:
1. Term. This Agreement shall be effective for a period of one (1) year from
August 1,2006 until July 31,2007 unless terminated as herein provided.
2. Services to be Performed. Contractor's duties shall include, but not be
limited to the following:
a. One (1) photographer (all raw digital photos on disk)
b. Virtual Tours of all facilities mentioned (ultimate exposure package)
c. Custom video/personalized DVD package (custom designed DVD
movie of each listing)
d. Custom branding (logos, pictures, banners, flyers)
e. Marketing partner banner ad spot
(1) Free of charoe the City can utilize five (5) banner ad
locations that rotate up in the top right hand corner of every
tour. Contractor will utilize the rest for local businesses.
Only professional businesses (no x-rated, porn, strip clubs,
etc.)
f. Information buttons (map button, city button, satellite view button,
email button, download button, schools button, slideshow button,
video button)
g. Important text info section (located under each spin for important
information or descriptions)
h. Facility section (this will contain the address, phone number, email,
website, contact person, and hours)
i. Custom flyer button (this pulls up a printable information flyer)
j. Link tour to City's website
k. One (1) copy of each tour on CD
I. Five (5) copies of each facility on custom designed DVD
m. One (1) month of unlimited updates.
n. Tour is good for one (1) year
o. Provide all necessary materials and supplies.
p. Provide all necessary labor.
q. Provide all ancillary services necessary to accomplish the services
outlined herein.
3. Parks and Facilities to be Filmed:
Athletic Fields
1 . Currie Commons Park
2. Merritt Park
3. Miller Park
4. Pine Grove Park
5. Pompey Park
2
Beach and Ocean Front Parks
1. Delray Municipal Beach
2. Anchor Park
3. Atlantic Dunes Park
4. Sandoway Park
5. Sarah Gleason Park
Community Parks
1. Catherine Strong Splash Park
2. Mike Machek Boy Scout Park
3. Barwick Park
5. Lake View Park
6. Oakmont Park
7. Orchard View Park
8. Worthing Park
9. Delray Oaks Natural Area
10. Leon M. Weekes Environment Preserve
11. 505 Teen Center
Intracoastal Parks
1 . Knowles Park
2. Veterans Park
Schools
1. Atlantic Community High School
2. Carver Community Middle School
3. Orchard View Elementary School
4. Pine Grove Elementary School of the Arts
5. Plumosa Elementary School
Municipal Golf Courses
1. Delray Beach Golf Club
2. Lakeview Golf Course
Tennis Clubs
1. Delray Beach Tennis Clubs
2. Swim and Tennis Club
3
Public Utilities
1. Water Treatment Plant
Fire Stations
1. Fire Station 1
2. Fire Station 2
3. Fire Station 3
4. Fire Station 4
5. Fire Station 5
6. Fire Station 6
City Hall
Police Department
The Courthouse
Community Center
Historic Architecture Walkina Tour
1. S.D. Spady Cultural Museum
2. Susan Williams House
3. Sundy House
4. Old School Square Complex
5. Cason Cottage Complex, Cason Cottage
6. Banker's Row
7. Colony Hotel
8. Sandoway House
4. Fees. Th~ City shall pay the Contractor a total of Thirteen Thousand
Four Hundred Dollars ($13,400.00) for the services outlined in Section 2 above. Six
Thousand Seven Hundred Dollars ($6,700.00) will be paid to Contractor within thirty
(30) days of execution of this Agreement and the remaining Six Thousand Seven
Hundred Dollars ($6,700.00) will be paid within thirty (30) days of completion of the
services.
4
5. Indemnity: Sovereign Immunity. Contractor shall indemnify and hold
harmless and defend the City, its officers, employees and agents from any and all
claims or causes of action that may arise out of the services to be performed by
Contractor, including but not limited to attorney's fees and costs the City incurs at the
trial or appellate levels. The parties understand that the City does not waive its
sovereign immunity under Fla. Stat. ~ 768.28.
6. Insurance. Contractor shall provide the City with Comprehensive
General Liability Insurance in the amount of $500,000.00. Contractor shall name the
City as an additional insured on the Insurance Certificate.
7. Independent Contractor. Contractor is an independent contractor.
Contractor or its employees are not employees of the City and shall be responsible for
all terms and conditions of employment including the payment of taxes as required by
law.
8. TransportationlTravellAccommodations. Contractor shall provide all
transportation, travel, and accommodations.
9. Termination. Either party may terminate this agreement upon thirty (30)
days written notice to the other for any or no reason.
5
10. Notices.
Any notice or communication under this agreement shall be
in writing and may be given by registered or certified mail. If given by registered or
certified mail, the notice or communication shall be deemed to have been given and
received when deposited in the United States Mail, properly addressed, with postage
prepaid. If given otherwise, than by registered or certified mail, it should be deemed to
have been given when delivered to and received by the party to whom it is addressed.
The notices and communication shall be given to the particular parties at the following
addresses:
City:
Joe Weldon, Director of Parks and Recreation
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Contractor:
James Arena, President
Pro DVD Makers
552 S.E. 2ih Way
Boynton Beach, FL 33435
11 . Venue: Laws.
This Agreement shall be construed under the laws of
the State of Florida with venue in Palm Beach County, Florida.
Except as expressly permitted herein to the contrary,
12. Modification.
no modification, amendment or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same
formality and equality of dignity herewith.
13. Entire Aareement. This is the entire Agreement of parties and
modifications must be in writing and executed by the parties hereto.
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
ATTEST:
BY~~~\).~
City Clerk
CITY OF DELRA Y BEACH, FLORIDA
~f-.,?~'~7~~
David T. Harden, City Manager
By:
Approved as to legal sufficiency
and form:
By:
1\91 City Attorney
WITNESSES:
By:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this \ ct\' day of
~\~ ,2006, by ~~ L<1
@She is pJ~onallY kno~ to ~ or has produced (type
of identification) as identification.
- -
'~~==a:
"~~~i..; Commission' DO 473996
" OF'~ ,,"
"",,,,,, 80ndedBy National Notary Assn.
~ ~ --
7
A CORDTtI CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDiYYYY)
07/25/2006
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Bernard Fleischer & Sons, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
2 John Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
New York, NY 10038 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Phone No. (212) 566-1881 Fax No. (212) 566-1615 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: EFM - Empire Fire and Marine Insurance Company
Sound Investments by JW Inc. INSURER B:
9304 Watercourse Way
Boynton Beach, FL 33437 INSURER C:
INSURER 0:
Phone No. \(561) 248-3720 Fax No.
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~ =~ POLICY NUMBER POUCY EFFECTIVE POLICY EXPIRATION LIMITS
~NERAL UABIUTY EACH OCCURRENCE $ 1 000 000
X COMMERCIAL GENERAL LIABILITY ~~~~~~9E~~~nce\ $ 100 000
I CLAIMS MADE 00 OCCUR FI0103719 08/0112006 08/31/2006 MED EXP (Anyone person) $ 5000
EFM 1 000 000
- PERSONAL & ADV INJURY $
- GENERAL AGGREGATE $ 1,000,000
~'L AGGREnE LIMIT APf=lS PER: PRODUCTS - COMP/OP AGG $ 1 000 000
POLICY P,C-RT LOC
~OMOBILE UABIUTY COMBINED SINGLE LIMIT $
/>JfY AUTO (Ea accident)
-
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
- HIRED AUTOS BODILY INJURY
$
NON-OWNED AUTOS (Per accident)
-
PROPERTYDAMAGE-"'" $
(Per accident) ""_
~GEUABlLlTY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCES8I\IMBRELLA UABIUTY EACH OCCURRENCE $
=::J-OCCUR D CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I T~~~mIVS I IOJ~-
EMPLOYERS' UABIUTY
NlY PROPRlETOR/PARTNERlEXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? Yes E.L. DISEASE - EA EMPLOYEE $
g~~~J:~1~s below E.L. DISEASE - POLICY LIMIT $
OTHER Coverage Dedtlctible
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Coverage Location: United States & Canada
*Split Dates apply to all coverages in the specified section. Production City of Delray Beach
Certificate Holder is named as an Additional Insured as their interests may appear.
All coverages ~ire at
12:01 a.m. Sta an:! Time.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
City of Delray Beach DAlE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
100 NW First Avenue NOTICE TO THE CERTlFlCAlE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL
Delray Beach, FL 33444 IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE y~~-/
Phone No. I Fax No. -,.
ACORD 25 (2001/08)
83151-129820-104408
@ACORDCORPORAnON1~
. i
AGENDA ITEM NUMBER: i. ~
])ate: Nov. 28, 2006
AGEN])A REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: December 5, 2006
])escription of Agenda Item (who, what, where, how much): Request approval
of a 3 year contract w~th Pro DVD Makers to maintain and upgrade our virtual tour
on our web page at a price of $6,700 per year to be funded .out of account number
001-4111-572-46.90. A budget transfer is in the process. .
City Attorney Rev e /Recommendation (if applicable):
Department Head
Signature:
Budget Director Review (required on all items involving expenditure of funds):
(C~~
Funding Available: ~o Initials: 11:;/:.
Account Number aD l---,/tlf ~t:;72. \f /? -70
Description oUtu-7t~ \ rra.(~'L+C~lA-tr I- 0 (! DS.( S .
Account Balance: 1- &, 7 () j) ~ JA.A. h 4. 8J;€. ----
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: ~ / No Initials:
Hold Until:
tJIv\
\
Agenda Coordinator Review:
Received:
[IT' DF DElRA' BEA[H
~
DELRAY BEACH
I lOR I II It
be.I:II
AII.America City
, III I!
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444. 561{243-7000
MEMORANDUM
1993
2001
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
DATE: November 28, 2006
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING DECEMBER 5.2006
SPECIAL EVENT - DOWNTOWN DELRAY ART FESTIVAL
ACTION
City Commission is requested to endorse the 18th Annual Downtown Art Festival sponsored by Howard
Alan Events, Ltd. to be held January 20-21, 2007, from 10:00 a.m. to 5:00 p.m., to grant a temporary use
permit per LDR's section 2.4.6(F) for use of City rights-of-way on Atlantic Avenue from the east side of NE
6th Avenue to Salina and Veterans Park lot for vendor parking, to authorize staff to apply for the FDOT
street closure permit, to authorize staff support for security and traffic control, and to permit an event sign
to be erected on Atlantic Avenue just east of 1-95 ten (10) days prior to the event.
BACKGROUND
Attached is an event permit application, letter, site plan, budget, and certificate of insurance for this event.
Howard Alan Events, Ltd. will be conducting the 18th Annual Downtown Arts Festival on January 20th and
21st from 10:00 a.m. to 5:00 p.m. This year again, a portion of the proceeds will be given to the DMC. Mr.
Alan is requesting closure of Atlantic Avenue, from just east of NE/SE 6th Avenue east to Salina. He is
also requesting the use of Veteran's Park for vendor parking and requesting security and traffic control
assistance from the Police Department. Mr. Alan has indicated that he will rent and install barricades with
volunteers; however, due to previous set up problems, City staff needs to install the barricades. I am
recommending that we direct vendor parking to the Gladiola lot (NE 6th Avenue) versus Veterans Park lot
because of a need for parking for other activities at the Adult Center and Veterans Park. The estimated
overtime cost for City services is $13,400. Because of the size of this event, EMS and inspector services
will be required. If security is supplemented at night with private security, these costs can be reduced.
Mr. Alan will pay for these costs as well as provide for trash removal, clean up, and port-a-Iets. Signage
can be installed ten (10) days prior to the event and must be under 20 square feet. Per event policies
and procedures, the event sponsor will be required to pay 100% of the City's costs. Staff is also
recommending that the eastern most event boundary end at the west side of Andrews Avenue due to
safety issues.
RECOMMENDATION
Staff recommends endorsement of the event, granting of the temporary use permit for the street closure
and parking lot use as recommended by staff, providing staff assistance for traffic control and security,
barricading, and allowing the event sign to be installed ten (10) days prior to the event with all overtime
costs to be paid by the vendor. Approval to include the staff recommended change in the eastern
boundary of the event with parking to be moved to the Gladiola lot (NE 6th Avenue) versus Veterans Park,
City staff to install barricades, and EMS service be required.
RAB/gb
Attachments
u:\ U:\RAB\Agenda Item re Downtown Delray AJi'Iletiiv&FORT ALWAYS MATTERS
'=' Printed on Recycled Papl:.)(
~.:r:
July 18, 2006
AMER.ICA~ FINEST
.~- ~!"1 A
~ "t..l~
IlJ~i~ I
f-',. r.-
r A ,'._ E: ~. \/ ::.
Mr. Robert Barcinski
Assistant City Manager
City of Delray
100 NW 1st Avenue
Delray Beach, FL 33444
HOl\ m'd Alan E, ellb, Ltd.
~+ f'
J \.:.; _:.:. ,\:
Dear Mr. Barcinski:
We are planning for the 18th Annual Downtown Delray Art Festival, to be held January 20 - 21, 2007
on Atlantic Avenue starting just east of Federal Highway and going our typical route to Salina. There will
be a single lane open from Salina to Andrews on the North side of Atlantic Avenue.
Please be advised that the following logistics for the 18th Annual Downtown Delray Art Festival will be
arranged:
Street Closure: Please advise if you will arrange for barricades or we can have Bob's Barricades drop off
barricades on Friday, January 19,2007, and our employees will set them up early Saturday morning.
Police: The Delray Police Department will arrange for Police and Security from 10:00 am - 5:00 pm on
Saturday and Sunday, and overnight security on Saturday from 6:00 pm - 6:00 am. Due to the fact that
the show will be on both sides of the Intercoastal, we are requesting an officer to man each side of the
Intercoastal to stop pedestrians during bridge openings. We are also requesting overnight security for
both sides of the bridge as in previous years.
Port-O-Lets: 6 regular and 2 handicap portolets will be ordered through Able Sanitation and will be
dropped off on Friday, January 19, 2007 and will be picked up on Monday, January 22, 2007, with
servicing on Sunday, January 21, 2007.
Dumpster: Two 30-yard rolloff dumpsters are ordered from Southern Waste. They will be dropped off on
Friday and picked up on Monday as well. Locations of dumpsters will include municipal spots behind
Veterans Park on City Street and on Sea breeze.
Trash Receptacles: Trash receptacles will be supplied and maintained by our professional clean-up
crew, Rollis (Tents 4 Events). They will handle clean up of the trash throughout the area each day.
Vendor Parking: RV's and large rig vehicles will park in the municipal parking lots just west of the
Intracoastal Waterway. Smaller vehicles will be parked at private lots surrounding the area that we will
are currently confirming.
Insurance: City required certificates would be issued.
As always, we greatly appreciate your great help and time that you put into these events. If you have any
questions, please feel free to call me at (954) 472-3755 ext 10.
anette Gomez
Operations Director
9695 W. BROWARD BLVD. · PLANTATION, FLORIDA 33324
(954) 472-3755 · FAX (954) 472-3891
www.artfestival.eom
City of Delray Beach
Special Event Permit
Application
DELRAY BEACH
~
Ail-AmerIca CIty
, ~ III!
PLEASE PRINT
Event NamefTiUe: l 'il' \J.. A--......- ~~ 1Xlra- 4... ~ ~ tl::... kr{
Event Date(S):~ >0 · j-,. ::>..00 -, .
Event Time(s): ~ 0- g_ t Cl a.-. - 5 f' .
EventSponsorlProducer: . V~ ~iII\p...{c:;..l~ Co~
Event Contact/Coordinator: ~~ ~ C~U:
1993
2001
Name: ~ ~ -r-~ 4~
Address:ctf:A~ \f.I ~ ~ . {~u:.(-l<rn H-. ~~=S:L~
Telephone Number:Cisq. , '+'12...- ~7sr Cellular Number: q r<+ - (b, ~ i'a6s
E-mail Address: ~ti--1wd. ~
EventDeSCriPtion/Purp~s~: . - -- r ~~-tLVcdl..
Sponsor Category (please check) City 0 Non-Profit/Charitable 0 Private ~
Co-Sponsor - Non-Profit/Private 0
(If Non-profit attach proof of 501c(3) or (d))
Event Location (Describe area boundaries of eventllocation):
~ ~ (rl5~~~~
Site plan attached yes
(Site plan required for entire event site)
~
no
Event budget attached
(Required for all events)
yes
v
no
Serving or selling alcoholic beverages yes no
(If yes, copy of license and a/coho/liability insurance required two (2) weeks prior
to event)
~
I
./
Event certificate of insurance attached yes no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
/
Playing of amplified music
{Waiver required}
yes
no
Requesting Police assistance
(traffic control/security)
/
Requesting trash removal/clean up assistance yes
no
/
no
./ no
no
no V
no ~
no /
yes
Will supplement with private security yes
(If yes, need plan attached)
Requesting Emergency Medical assistance yes
Requesting barricade assistance yes ~
Requesting trash boxes and liners
yes
Requesting stage use yes
(If yes, check type)
Large stage covered 0 Large stage no cover 0 Small stage 0
Half small stage 0
~ ^,d/' 11\ I~~ .
Requesting signage /" yes no
Type: Event sign v Directional signs vL ~l~ . c.wolu I~ ~-e..~
Banner hanging Indicate dates required
(Waiver required if more than one (1) week prior to event)
-:r
yes
v
no
Food and beverage vendors
If yes, approximate number
Health Department approval
yes
no~rr ~~
v
no ~~
no
Other vendors yes
Tents 16 y... \0 J.~~~~~ca.,..:u~es ./
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides yes no
(If yes, type and location and copy of liability insurance required)
/
Will the event be gated
(Show on-site map)
yes
no
/
2
Will there be fireworks or other pyrotechnics
(If yes, contact Fire Marshall)
yes
no
~
Will there be cooking with compressed gas
(If yes, contact Fire Marshall)
yes
no
v
Will you be providing port-a-Iets for the event yes ~ no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
~
Will there be a charge for the event
(If yes, indicate ticket prices)
yes
no
yes
no
/
oordinator
~Il d-D6,b
~
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use Onl
Date Received
Application fee received $~tO. ~ .
Site map ~
Budget'/ /
Certificate of insurance./ ./
Hold Harmless agreement v
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
.
~ ..~~~
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HUWAKLJ ALAN
t-'Abt:. 111
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Howard Alan Events
The 18th Annual Delray Art Festival
January 20-21, 2007
PROPOSED BUDGET FOR JANUARY 2007
INCOME:
Artist Revenue $64,125
Food Vendor Revenue $3,900
Total Revenue $68,025
EXPENSES:
Advertising :
Boca Raton News Expense $708.50
Palm Beach Post Expense $2,543.57
South Florida Newspaper Expense $715.00
Sun Sentinel Expense $8,274.90
WPEC CHANNEL 12 Expense $7,500.00
Sun Sentinel Charities Ad ProQram Expense $2,500.00
Advertising SubTotal $22,241.97
Services :
Permit Palm Beach County Health Expense $25.00
Signage AA Sign Lines Expense $942.72
Sanitation Able Sanitation-portolets Expense $800.00
Sanitation - 2 30 yd dumpsters Waste ManaQement - dumpster Expense $950.00
Sanitation Tents 4 Events Expense $2,100.00
Barricades Bob's Barricades Expense $650.00
City of Delray, OIT barricade set up City Of Delray Beach Expense $325.00
Security City Of Delray Beach Expense $3,983.00
Rentals Tents 4 Events Expense $1,400.00
Graphics for advertising Expense Expense $125.00
Payroll Staff Expense $1,500.00
Rental Property -DM~ Expense $15,000.00
LodQinQs and meals, travel Expense $650.00
Media Related Expenses Expense $1,208.00
Two Million Dollar liability ins policy Expense $650.00
Administrative Overhead telephone, mailinQs,etc Expense $1,100.00
Entertainment $3,000.00
Misc. expense $900.00
Service SubTotal $35,308.72
Total Expenses $57,550.69
Show Profit $10,474.31
CERTIFICATE OF INSURANCE ISSUE DAlE (MMlDD/YY)
1259866 6/13/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
K & K Insurance Group, Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
1712 Magnavox Way CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
P.O. Box 2338 COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Wayne, In 46801
COMPANIES AFFORDING COVERAGE
INSURED COMPANY A
LETTER GREAT AMERICAN ASSURANCE CaMPA
HOWARD ALAN EVENTS LTD (SEE GAI3001)
9695 W. BROWARD BLVD. COMPANY B
PLANTATION, FL 33324 LETTER
COMPANY C
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NC=NOT COVERED
CO. TYPE OF INSURANCE IPOLlCY EFFECTIVE POLICY EXPIRATION
LTR POLICY NUMBER pATE (MMIDDNY) DATE (MINDDNY) LIMITS (in thousands)
General Liability 12:01AM 12: o lAM General Aggregate $ NONE
A IX1 Commercial General Liability PAC0788942204 3/05/06 3/05/07 Products-Com plOps Aggregate $ 5000
o Claims Made IiUOccur. Personal & Advertising Injury $ 1000
DOwner's & contractors Pro!. Each Occurrence $ 1000
0 Fire Damage (Anyone fire) $ 300
Medical Expense (Anyone person) $ C;
Participant Legal Liability $ NC'
Automobile Liability 12:01AM 12:01AM Combined
A D Any auto PAC0788942204 3/05/06 3/05/07 Single $ 1000
Limit
B All owned autos Bodily
Scheduled autos Injury $
I{rier DelSOn)
Ii] Hired autos Bodily
Ii] Non-owned autos Injury $
I (";"r accident'
D Garage Liability Property
D Damage $
Ii] Excess Liability 12:01AM 12:01AM Each Aggregate
A STRAIGHT EXS EXC0788942304 3/05/06 3/05/07 Occurrence
IX] other than Umbrella form $ 1000 $ 1000
Workers' Compensation Statutory
and $ Each Accident
Employers' Liability $ Disease-Policy Limit
$ Disease-Each Employee
AD&D $
Participant Primary Medical $
Accident Excess Medical $
Weekly Indemnitv $ X
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIRESTRICTIONS/SPECIAL ITEMS
THE CERTIFICATE HOLDER IS LISTED AS AN ADDITIONAL INSURED BUT ONLY WITH
RESPECT TO LIABILITY ARISING OUT OF THE ACTIVITIES OR OPE~TION7, OF THE NAMED
INSURED. RE: 18TH ANNUAL DOWNTOWN DELRAY BEACH FESTIVAL 1 20-21 07 CG2024
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CITY OF DELRAY CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
100 NW 1ST AVENUE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS
DELRAY BCH, FL 33444 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE
NO OBLIGATION OR LIABILITY OF ANY KliI UPON THE
COMPANY,ITSAGENTS OR REPRESENTATIVIj1 .....
AUTHORIZED REPRESENTATlo/.... (' It ~ V1
_.--..~ r I J
SL39 / ~) 1-92
AMB
MEMORANDUM
TO:
David Harden, City Manager
tb
FROM:
Lula Butler, Community Improvement Director
THRU: Elizabeth B. Alpert, C. D. Program Administrator
DATE: November 27,2006
SUBJECT: Change of Account for Housing Rehabilitation Project
ITEM BEFORE THE COMMISSION:
A request for approval to change the account funding of one housing rehabilitation deferred
payment loan (609 SW 8th Avenue) from the CDBG Program - Community Development
Block Grant 118-1963-554-49.19 to the SHIP Program - State Housing Initiatives Partnership
118-1924-554-49.19.
BACKGROUND:
At the November 7, 2006 meeting the Commission approved one housing rehabilitation
deferred payment loan and contract award for 609 SW 8th Avenue. The original item stated
that funding was available for this project through account number 118-1963-554-49.19,
CDBG/Housing Rehabilitation Program. However, funding for this rehab project should have
been funded through SHIP/Housing Rehabilitation Program, account number 118-1924-554-
49.19.
RECOMMENDATION
Staff recommends approval to change acct. on 609 SW 8th Avenue Housing Rehab Project to
State Housing Initiatives Partnership (SHIP) in the amount of $ 34,125.00
oA
zP1
~.J
Agenda Item No.: <3. ~
AGENDA REQUEST
Requestto be placed on:
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
__x__ OonsentAgenda
Date: November 27, 2006
When: December 5, 2006
Description of item: (who. what. where. how much):
File #
05-095
Address
609 SW 8th Avenue
Contractor
M & A Builders
Amount
$34,125.00
ORDINANCE/RESOLUTION REQUIRED: YES/NO
Draft attached: YES/NO
Recommendation:
Staff recommends approval to change acct. on 609 SW 8th Avenue Housing Rehab Project to
State Housing Initiatives Partnership (SHIP) in the amount listed above for a total award of
$ 34,125.00.
SHIP Total: $34,125.00 Account Number: 118-1924-554-49.19
Department Head Signature: ~)( ~~ -
City Attomey Review/Recommendation (if applicable):
Budget Director Review (required on all items inVOlVing. e.xpenditure o{funds):
r 5: \))~ I Db
Funding Available: ~O~
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: @ NO ~
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
of:,
lfI1
TO:
David Harden, City Manager
FROM:
Ferline F. Mesidort, C.D. Specialist
DATE:
Elizabeth B. Alpert, C. D. Program Administrator
Lula Butler, Community Improvement Director ~
November 28, 2006
THRU:
SUBJECT:
Community Development Division Housing Rehabilitation Grant Award
ITEM BEFORE THE COMMISSION
Approval is requested for one (1) Housing Rehabilitation grant award(s) to the lowest responsive bidder. This request
is in accordance with the City's Community Development Division's approved Policies and Procedures.
BACKGROUND
The grant awards are based on the actual cost of the rehabilitation excluding termite inspection and treatment if
necessary, as determined by the lowest responsive bidder(s), plus a 5% contingency. The contingency may be used
for change orders and all unused funds will remain with the Housing Rehabilitation grant program. File 04-056 is
being awarded to South Florida Construction SeNices, Inc. as the lowest bidder for the project.
Inspection of work is done by the Department of Community Improvement's Building Inspection and Community
Development Division. Contracts are executed between the building contractor and the property owner. The City
remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to
specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures.
Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures.
The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and
plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are
available for review in the Community Development Division Office.
The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are
awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an in-house policy was
created to limit awards to the lowest responsible bidder as it relates to the Division's professional in-house estimate.
This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests.
This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated
amount of funding required.
RECOMMENDATION
Staff recommends awarding the bid for one (1) Housing Rehabilitation project(s) to the verified responsible low
bidder(s) and authorize award in the following amount.
~. K ~
CIN OF DELRAY BEACH COMMUNIN DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2007-07
APPLICANT: Willie Mae Battles
PROJECT ADDRESS: 102 SW 8th Avenue
DATE OF BID LETTERS: 11/09/06
DATE OF BID OPENING: 11/27/06
GENERAL CONTRACTORS BID AMOUNT
Cordoba Construction Co., Inc.
Haywood Construction
JMosca Builders, LLC.
Joines Construction and Development, LLC.
M.B. Brown Construction
M & A Builders, LLC
Ray Graeve & Sons Construction, LtC
Real Property Enterprises
South Florida Construction Services; Inc.
Van Ness & Callaway Construction, Inc.
Sun Band Builders Construction, Inc.
$38,100.00
$0.00
1$31,9'90:60
In-House Estimate
$29,391.00
CONTRACTOR AWARDED CONTRACT:
ISouth Florida Construction Services, Inc.
BID/CONTRACT AMOUNT:
Contingency 5%
$31,990.00
1,599.50
$33,589.50
FUNDING SOURCE:
Community Development Block Grant
Account # 1118-1963-554-49.19
COMMENTS: Lowest bidder within 10% was awarded contract.
S:renpgrm/biddocs/bidinfosheet
Agenda Item No.: <6. t(
AGENDA REQUEST
Request to be placed on:
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
--!-- Consent Agenda
Date: November 28, 2006
When: December 5,2006
Description of item: (who. what. where. how much):
File Number Address Contractor
Grant Amount
04-056
1102 SW 8th Avenue
I South Florida Construction Svc., Inc.
I $ 33,589.50
ORDINANCE/RESOLUTION REQUIRED: YES/NO
Draft attached: YES/NO
Recommendation:
Staff recommends approval of one (1) Community Development Block Grant (CDBG) Housing
Rehabilitation Grant(s) in the amount listed above for a total award of $ 33,589.50.
SHIP Total: $ 33,589.50
Account Number: 118-1963-554-49.19
Department Head Signature: ~ ~ ~~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
~ \I) ~...J1\~
Funding Available: ~/NO
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: ~
Approved for Agenda: ~/NO ~
Hold Until: (/' \
Agenda Coordinator Review:
Received:
Placed on Agenda:
[ITY DF DElIAY BEA[H
~
CITY ATTORNEY'S OFFICE
2()O N\V 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE: ')6112'-l-3-7()l)t). FACSIMILE: ')61127S-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
ItIIflI:II
All-America City
, III I! DATE:
MEMORANDUM
November 28, 2006
1993
2001
TO:
FROM:
City Commission
Da"id Harde~ 9ity Manager
1"-' ~
Brian Shutt, Assistant City Attorney
SUBJECT: Amendment to the Lease Aqreement with Cinaular reaardina the use
of the City's Water Tower
The City entered into a lease agreement with AT&T Wireless (now Cingular) on
June 25, 1993 providing for the placement of cellular antennae on the City's water
tower. Cingular currently pays the City $2,745.08 per month under the terms of
the lease agreement, which will expire on May 31, 2008, unless renewed by
Cingular.
Due to the merger between Cingular and AT&T, Cingular is in the process of
eliminating redundant sites and has requested that '(he City reduce the monthly
rental fee. (see attached letter)
The proposed amendment provides that Cingular will pay the City a fee of
$17,500.00 for the 12 month period between December 1, 2006 and November
30, 2007 in lieu of the normal rental fee. The amendment also provides that if
Cingular is able to transfer the lease to another entity the City's approval to such
transfer shall not be unreasonably withheld.
Our office requests that this item be placed on the December 5, 2006 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Amanda Solomon, Telecommunications System Manager
~.L
~ cingu,l,ar ~
raising the bar....11
9860 MESA RIM ROAD, SAN DIEGO, CA 92121
March 1, 2005
CITY OF DELRA Y BEACH
FINANCE DEPARTMENT
100 NW 1ST AVENUE
DELRA Y BEACH, FL 33444
Re: Participation in the New Cingular Network
Dear Landlord,
By now you have probably heard that Cingular Wireless has acquired AT&T Wireless Services and is
merging the two companies to create the nation's premier wireless network.
As part of the effort to merge the two national networks into one, thousands of wireless sites will be
eliminated in areas where there is overlapping coverage between the two companies. Cingular is
currently evaluating both its existing and newly acquired sites to determine which are no longer needed
as part of the new combined network.
We are actively reviewing our real estate portfolio to determine the changes that need to be made in the
marketplace and on individual sites. Many variables are being considered as criteria for keeping sites,
including proximity to other sites and the cost of operating the site (e.g. rent, utilities) both now and in the
future. Furthermore, for Cingular to accommodate the many landlords who would like to be part of the
new combined network, significant changes may need to be made to the existing contracts to make these
sites viable in the near and long term. Please contact us at the numbers listed below to discuss your
lease.
The new Cingular appreciates your participation and looks forward to hearing from you soon.
Sincerely,
f2::
Director, Network Real Estate
Cingular Wireless
Cell Site: N000149 / WP009/DELRA Y BEACH 32663
Lease ill: N001246
Cingular ID/USID: 7277
Address: 434 S. Swinton Ave., Delray Beach, FL 33444
FOURTH AMENDMENT TO LEASE AGREEMENT
[OPTION TO SELL]
This Fourth Amendment to Lease Agreement ("Fourth Amendment") dated as of the latter of the
signature dates below is entered into by and between City of Delray Beach ("Lessor") and New Cingular
Wireless PCS, LLC, a Delaware limited liability company, successor in interest to AT&T Wireless PCS,
LLC, a Delaware limited liability company ("Lessee").
RECITALS
A. Lessor and Lessee entered into that certain Lease Agreement dated June 25, 1993, a First
Amendment dated August II, 1998, a Second Amendment dated October 31, 2001, and a Third
Amendment dated December 13,2004 ("Agreement"), whereby Lessor leased to Lessee and Lessee
leased from Lessor a portion of Lessor's property located at 434 S. Swinton Avenue, Delray Beach, FL
33444 ("Premises").
B. Lessee has determined that its present use of the Premises is no longer consistent with the
optimal operation of Lessee's current communications network and, as an alternative to exercising its
rights of termination under the Agreement, desires to sell and transfer its improvements installed at the
Premises and assign its interest in the Agreement to an, as yet, unidentified third party.
C. In exchange for Lessee's efforts to assign the Agreement to a third party, Lessor agrees
that Rent may be abated or modified as set forth below.
D. Since the inception of the Agreement, Lessee has moved its lease administration office
and desires to modify the notice provision of the Agreement accordingly.
NOW, THEREFORE, in consideration of the foregoing, the payment of Seventeen
Thousand Five Hundred and NollOO Dollars ($17,500.00) to Lessor within thirty days of the execution
of this Agreement, and of the mutual obligations and agreements contained herein, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. INCORPORATION OF RECITALS. The recitals set forth above are incorporated herein as set
forth in their entirety.
2. ESTABLISHMENT OF INTERIM PERIOD / ABATEMENT OF RENT. Paragraph 4 ofthe
Agreement is hereby amended by the addition of the following:
"(d) Notwithstanding Lessee's obligations to pay Rent as set forth above, Lessor agrees to
abate any and all Rent payments due from Lessee for a 12 month period commencing December 1, 2006
and ending November 30, 2007 (the "Interim Period"), subject to the following conditions:
(i) During the Interim Period, nothing herein shall be deemed to modify the
payment of additional Rent derived from the use of any electricity, utilities or maintenance under the
Agreement;
1
Cell Site: N000149 j WPO09jDELRAY BEACH_32663
Lease ID: N001246
Cingular ID jUSID: 7277
Address: 434 S. Swinton Avenue, Delray Beach, FL 33444
(ii) Lessor shall not be required to reimburse Lessee for any prepaid fees received by
Lessor for any portion of the Interim Period;
(iii) During the Interim Period, Lessee shall attempt to sell its improvements and
assign the Agreement to a third party ("Third Party"), such sale and assignment to be subject to the
provisions of the Agreement except as set forth in (v) below. Notwithstanding any terms to the contrary
in the Agreement, if any, the approval of the Lessor must be obtained prior to any sale or assignment,
such approval shall not be unreasonably withheld. In addition, during the Interim Period, Lessor's right
to unilaterally terminate the Agreement for any reason, except for canse, is suspended;
(iv) During the Interim Period, Lessee agrees that it shall continue to abide by all
other terms and provisions of the Agreement, including, but not limited to, its obligations to carry
insurance pursuant to the provisions of the Agreement;
(v) In the event of a sale, Lessee shall provide to Lessor a fully-executed copy
of the assignment and assumption agreement of the Third Party and the Third Party shall be
responsible for all Lessee obligations under the Agreement thereafter, including the reinstatement of Rent
payments prorated on a go-forward basis from the date of the sale/transfer and assignment; any
assignment of the Agreement will require that Rent payments under the Agreement increase by ten
percent (10%) over the Rent due at the inception of the Interim Period upon the effective date of the
Assignment. Following the assignment, Lessee will be relieved of all future performance, liabilities and
obligations under this Agreement and will have no further obligations to Lessor;
3. THIRD PARTY APPROVALS.
(a) Lessor recognizes that the Third Party's ability to use the Premises is contingent upon the
suitability of the Premises for Third Party's Permitted Use and the Third Party's ability to obtain and
maintain all governmental licenses, permits, approvals or other relief required of or deemed necessary or
appropriate by Third Party for its use of the Premises, including without limitation applications for zoning
variances, zoning ordinances, amendments, special use permits, and construction permits (collectively,
the "Government Approvals"). Lessor authorizes the Third Party, at the Third Party's sole cost and
expense, to prepare, execute and file all required applications to obtain Governmental Approvals for Third
Party's Permitted Use under this Agreement and agrees to reasonably assist Third Party with such
applications and with obtaining and maintaining the Government Approvals. In addition, Third Party
shall have the right to initiate the ordering and/or scheduling of necessary utilities.
(b) Lessor agrees that the Third Party may obtain at the Third Party's sole cost and expense a
title report or commitment for a leasehold title policy from a title insurance company of the Third Party's
choice and may have the Property surveyed by a surveyor of the Third Party's choice.
(c) Lessor agrees that the Third Party may also perform and obtain, at Third Party'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 Third Party's use of the
Premises will be compatible with Third Party's engineering specifications, system, design, operations or
Governmental Approvals. After the tests and investigations are completed, the Third Party will be
required to restore the Property to the condition that existed prior to the testing.
2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first
above written.
A TIEST:
LESSOR:
CITY OF DELRAY BEACH
By:
By:
City Clerk
Mayor, Jeff Perlman
Approved as to Form:
By:
City Attorney
WITNESSES:
LESSEE:
NEW CINGULAR WIRELESS PCS, LLC
By:
(Name Printed or Typed)
(Name Printed or Typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200_, by , as (name of officer or agent,
title of officer or agent), of , 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
~A:
~
[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHONE: 561/243-7090' FACSI'VIILE: 561/278-4755
DElRAY BEACH
Writer's Direct Line: 561/243-7091
D*:II
AII.America City
, III I! DATE:
MEMORANDUM
November 28,2006
1993
2001
TO:
FROM:
City Commission
David Harden, City Manager
~ .
Brian Shutt, A~ty Attorney
SUBJECT: Amendment to the Lease Aoreement with Cinoular reoardino the
Police Tower
The City entered into a lease agreement with AT&T Wireless (now Cingular) on
June 6, 2001 providing for the placement of cellular antennae on the City's police
department tower. Cingular currently pays the City $2,318.55 per month under the
terms of the lease agreement, which also provides for a 3% annual increase in the
rental fee. The initial term of the agreement was 5 years with automatic renewals
for up to 5 additional 5 year terms, unless Cingular notifies the City of its intent to
not renew the Agreement.
Due to the merger between Cingular and AT&T, Cingular is in the process of
eliminating redundant sites and has requested that the City reduce the monthly
rental fee. (see attached letter)
The proposed amendment provides that Cingular will pay the City a monthly rental
fee of $1 ,700.00 with a 2% annual increase in the rental fee. The amendment also
provides that prior to the expiration of a 5 year term, the City may notify Cingular of
its intent to not renew the Agreement. This amendment further holds that Cingular
will guarantee the rental payment to the City between February 1, 2007 and
January 31, 2009 regardless of whether they are using the site or terminate the
agreement. Cingular will also pay a fee to the City, equal to 12 rental payments, if
they decide to terminate the agreement by giving the City 30 days notice.
Our office requests that this item be placed on the December 5, 2006 City
Commission agenda. Please call if you have any questions.
Attachment
g)f\
~ cingular
raising the bar..dllw
c/o Black Dot Wireless, LLC
320 Commerce, Suite 200
Irvine, California 92602
Date
Landlord Name
Address
City, State Zip
Re: Participation in the New Cingular Network
Dear Landlord,
By now you have probably heard that CingularWireless has acquired AT&T Wireless Services and is merging the two
companies to create the nation's premier wireless network.
As part of the effort to merge the two national networks into one, thousands of cellular antenna sites will be eliminated in areas
where there is overlapping coverage between the two companies. Cingular is currently evaluating both its existing and newly
acquired sites to determine which sites are no longer needed as part of the new combined network.
As part of this effort, we are actively reviewing our real estate portfolio to determine the changes that need to be made in the
marketplace and on individual sites. Furthermore, for Cingular to accommodate the many landlords whom have requested to
be part of the new combined network, many variables are being considered as criteria for keeping sites including proximity to
other sites as well as the cost of operating the site (I.e., rent, utilities) both now and in the future. In order to accommodate
these requests, significant changes need to be made to the existing contracts to make these sites viable in the near and long
term.
With that in mind, please contact our Lease Extension, Renewal and Termination specialist at the number listed below to
determine the status of your site within the new combined Cingular network.
The new Cingular appreciates your participation and looks forward to hearing from you soon. Thank you.
Sincerely,
~
Jon Morris
Director, Network Real Estate
New Cingular Wireless
Lease Extension,
Renewal & Termination
C/O Black Dot Wireless, LLC
320 Commerce, Suite 200
Irvine, California 92602
Toll free: 877-752-6033
Fax: 949-502-3969
www.cingularlandlords.com
info<Cilcinaularlandlords.com
FOCUS 10: FOCUS 10 # - SITE 10: SITE 10 #
PLEASE REFERENCE YOUR FOCUS 10 AND SITE 10 WHEN LEAVING A MESSAGE.
Cell Site No: N127956/ WP095/Delray Police Tower_32712
Site Address: 300 W Atlantic Ave, Delray Beach, FL 33444
~TAMENDMENTTOLEASEAGREEMffiNT
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("First Amendment") dated as of the date
below is by and between CITY OF DELRA Y BEACH, a municipal corporation in the County of Palm Beach
and State of Florida, having a mailing address at 100 NW 1st Avenue, Delray Beach, FL 33444 (hereinafter
referred to as "Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company,
successor in interest to AT&T Wireless PCS, LLC, a Delaware limited liability company, having a mailing
address at 6100 Atlantic Boulevard, Norcross, Georgia 30071 (hereinafter referred to as "Tenant").
WHEREAS, Landlord and Tenant entered into a Lease Agreement dated June 6, 2001; whereby
Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 300
W Atlantic Ave, Delray Beach, FL 33444 ("Agreement"); and
WHEREAS, Landlord and Tenant desire to extend the terms of the Agreement; and
WHEREAS, Landlord and Tenant desire to modify, as set forth herein, the Rent payable under the
Agreement; and
WHEREAS, Landlord and Tenant desire to modify, as set forth herein, the Tenant's obligations to pay
Rent to Landlord for a Rent Guarantee Period; and
WHEREAS, Landlord and Tenant, in their mutual interest, furth~r wish to amend the Agreement as set
forth below.
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Landlord and Tenant agree as follows:
1. Term. The Term of the Agreement shall be amended to provide that the Agreement has a new
initial term of 60 months ("New Initial Term"), commencing on February 1, 2007. The Term will be
automatically renewed for up to 5 additional 60 month terms (each an "Extension Term"), unless, 90 days prior
to such renewal, the Landlord gives written notice to Tenant of its intent to not renew the Agreement.
2. Termination. In addition to any rights that may exist in the Agreement, after the Rent Guarantee
Period, as defined below, Tenant may terminate the Agreement at any time with 30 days prior written notice to
Landlord; provided, that Tenant pays to Landlord an amount equal to 12 months of the then current Rent.
3. Modification of Rent. Commencing on February 1, 2007, the Rent payable under the
Agreement shall be $1,700.00 monthly, and shall continue during the Term, subject to adjustment as provided
below.
Landlord Initial:
Tenant Initial:
4. Modification of Tenant's Obligation to Pay - Rent Guarantee. Notwithstanding Tenant's
obligations to pay Rent set forth under the Agreement, for a 24 month period commencing February 1,2007 and
ending January 31,2009 ("Rent Guarantee Period"), Tenant hereby agrees that Tenant's obligation to pay Rent
is guaranteed and such obligation will not be subject to offset or cancellation by Tenant. Notwithstanding the
foregoing, if Landlord exercises any of Landlord's rights to terminate the Agreement, if any, Tenant will be
released from any and all of its obligations to pay Rent during the Rent Guarantee Period as of the effective date
of the termination.
5. Future Rent Increases. The Agreement is amended to provide that commencing on February 1,
2008, Rent shall be increased by 2.00% and every year thereafter.
6. Acknowledgement. Landlord acknowledges that: 1) this First Amendment is entered into of
the Landlord's free will and volition; 2) Landlord has read and understands this First Amendment and the
underlying Agreement and, prior to execution of the First Amendment, was free to consult with counsel of its
choosing regarding Landlord's decision to enter into this First Amendment and to have counsel review the terms
and conditions of the First Amendment; 3) Landlord has been advised and is informed that should Landlord not
enter into this First Amendment, the underlying Agreement between Landlord and Tenant, including any
termination or non-renewal provision therein, would remain in full force and effect.
7. Notices. Section 16 of the Agreement is hereby deleted in its entirety and replaced with the
following: 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 to the parties as follows: As to Tenant, New Cingular Wireless PCS, LLC, c/o Network Real
Estate Administration, Cell Site # N127956, Cell Site Name WP095/Delray Police Tower, 6100 Atlantic
Boulevard, Norcross, Georgia 30071, with a copy to Cingular Wireless Attn.: Legal Department, Re: Cell Site #
N127956, Cell Site Name WP095/Delray Police Tower, 15 East Midland Avenue, Paramus, NJ 07652; and as to
Landlord, 100 NW 1st Avenue, Delray Beach, FL 33444. 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.
8. Other Terms and Conditions Remain. In the event of any inconsistencies between the
Agreement, and this First Amendment, the terms of this First Amendment shall control. Except as expressly set
forth in this First Amendment, the Agreement otherwise is unmodified and remains in full force and effect.
Each reference in the Agreement to itself shall be deemed also to refer to this First Amendment.
9. Capitalized Terms. All capitalized terms used but not defined herein shall have the same
meanings as defmed in the Agreement.
[NO MORE TEXT ON THIS PAGE - SIGNATURES TO FOLLOW ON NEXT PAGE]
Landlord Initial:
Tenant Initial:
IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to
execute and seal this First Amendment on the date and year below.
LANDLORD:
CITY OF DELRA Y BEACH, a municipal
corporation in the County of Palm Beach and State
of Florida
By:
Name:
Title:
Tax Id
WITNESSED BY:
By:
Name:
Title:
TENANT:
New Cingular Wireless PCS, LLC, a Delaware
limited liability company
By:
Name:
Title:
Date
By:
Name:
Title:
Landlord Initial:
Tenant Initial:
LANDLORD ACKNOWLEDGMENT
INDIVIDUAL CAPACITY
COUNTY OF
)
)
)
SS.
STATE OF
I certify that I know or have satisfactory evidence that is/are the
person(s) who appeared before me, and said person(s) acknowledged that said person(s) signed this instrument and
acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument.
DATED:
Notary Seal
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of
My appointment expires:
REPRESENTATIVE CAPACITY
COUNTY OF
)
)
)
SS.
STATE OF
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said
person was authorized to execute the instrument and acknowledged it as the of
, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
DATED:
Notary Seal
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of
My appointment expires:
PARTNERSHIP (consisting of corporate partners) ACKNOWLEDGEMENT
STATE OF
)
) ss:
)
COUNTY OF
I CERTIFY that on _,200_. personally came before me
and this/these person(s) acknowledged under oath to my satisfaction, that:
(a) this/these person(s) signed, sealed and delivered the attached document as
[title] of [name of corporation] a corporation of the State of
. which is a general partner ofthe partnership named in this document;
(b) the proper corporate seal of said corporate general partner was affixed; and
(c) this document was signed and delivered by the corporation as its voluntary act and deed as [a]
general partner(s) on behalf of said partnership [by virtue of authority from its Board of Directors].
Notary Public:
My Commission Expires
CORPORATE ACKNOWLEDGEMENT
STATE OF
)
)
)
COUNTY OF
I CERTIFY that on _' 200_,
representative] personally came before me and acknowledged under oath that he or she:
(a) is the [title] of
corporation], the corporation named in the attached instrument,
(b) was authorized to execute this instrument on behalf of the corporation and
(c) executed the instrument as the act of the corporation.
[name of
[name of
Notary Public:
My Commission Expires:
TENANTACKNO~EDGEMENT
STATE OF
)
) SS.
)
COUNTY OF
I certify that I know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Executive Director of New Cimrnlar Wireless PCS. LLC.
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED:
Notary Seal
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of
My appointment expires:
[IT' DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE
2()(} \iW 1st AVENl 'L . DI.LR'W REACH, FLORIDA 33444
rlLEPHOI\E: 'i(,if..'..!.' >lil)(). F\CSll'vIILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
---
AII.America City
, III I! ~:~E:
1993
2001
MEMORANDUM
November 29, 2006
City Commission
David T. Harden, City Manager
FROM:
Terrill Barton, Assistant City Attorney
'J(b
SUBJECT: Addendum to Contract between City of Delray Beach and the Delray
Beach Community Land Trust, Inc. Requesting Extension of time to
Close
The Community Land Trust has requested an additional extension for the closing
date of three (3) properties that we transferred to the CL T from the City via
Resolution 67-06 on the November 7, 2006 City Commission agenda. The CL T
would like to extend the closing date from November 30, 2006 until December 8,
2006 in order to have additional time to obtain surveys and get lien releases for
the properties. The three properties are: 802 S.W. 3rd Street, 1012 N.E. 3rd
Avenue and 119 S.W. 9th Avenue and the addendum is attached hereto.
Please place this matter on the December 5, 2006 City Commission agenda for
consideration.
Thank you.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
David W. Schmidt, Esq.
g.~
ADDENDUM TO
"AS IS" CONTRACT FOR SALE AND PURCHASE
SELLER: CITY OF DELRA Y BEACH
BUYER: DELRA Y BEACH COMMUNITY LAND TRUST, INC.
PROPERTY: West 79' of East 104' of North ~ of North ~ of
Southeast 1/4 of Southeast 1/4 of Southwest 1/4 of
Section 17, T 46S, R43E; and,
Lots 3 and 4, Block 8, Dell Park; and,
Lot 29, Lincoln Park
The "As Is" Contract For Sale and Purchase between CITY OF DELRA Y BEACH, as
Seller, and DELRA Y BEACH COMMUNITY LAND TRUST, INC., as Buyer, is hereby
amended as follows:
(a) Paragraph VI, Closing Date, is hereby amended to read: December 8,2006.
(b) All other terms and conditions of the Contract not specifically modified herein shall
remain in full force and effect.
(c) A facsimile copy of this Addendum and any signatures hereunder shall be considered
for all purposes as originals.
BUYER:
SELLER:
DELRA Y BEACH COMMUNITY
LAND TRUST, INC.
CITY OF DELRA Y BEACH
By:
By:
Date: November
,2006
Date: November _, 2006
~
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Lula Butler, Community Improvement Director ~
FROM:
Elizabeth B. Alpert, Community Development Administrator
DATE:
November 29, 2006
SUBJECT:
FY05-06 Consolidated Annual Performance Evaluation Report (CAPER)
ITEM BEFORE THE COMMISSION
Request for City Commission approval of the 2005-2006 Consolidated Annual Performance and
Evaluation Report (CAPER) required by the United States Housing & Urban Development Agency
(HUD) for utilization of federal grant funds.
BACKGROUND
The Consolidated Annual Performance and Evaluation Report (CAPER) serves to meet
performance reporting requirements by the Department of Housing and Urban Development (HUD)
pursuant to the regulations established under 24 CFR 91.520. This document (CAPER 05-06)
covers the period of October 1, 2005 through September 30, 2006 in the reporting on HUD
sponsored activities as specified in the City's 2005 Action Plan. The 05-06 CAPER further serves
as an update on the goals and objectives identified in the City's Consolidated Strategic Plan (2005-
2009) five-year plan.
In accordance with HUD requirements, the 05-06 CAPER was made available to the general public
for review and commentary for a period of not less than fifteen days prior to submittal to HUD.
RECOMMENDATION
Staff recommends approval of the Consolidated Annual Performance and Evaluation Report to
meet performance reporting requirements of the Department of Housing and Urban Development.
5.0
[ITV DF DELIAV BEA[H
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Consolidated Annual Performance and Evaluation Report
( CAPER)
Fiscal Year 2005-2006
Community Development Block Grant (CDBG)
Lula Butler, Director, Community Improvement Department
Elizabeth Alpert, Administrator, Community Development Division
City of Delray Beach
Community Improvement Department
Community Development Division
100 NW 1st Avenue
Delray Beach, Florida 33444
2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30, 2006
City of Delray Beach
Community Development Block Grant (CDBG)
TABLE OF CONTENTS
I. Introduction................................................................................... 1
II. Assessment of Actions Taken to meet Three- to Five- Year
High Priority Goals and Objectives.................................................. 1 - 4
III. Affirmatively Furthering Fair Housing...... ... ..... .... ............ ... ... ... ... .... 4
IV. Analysis of Impediments................................................................ 4 - 6
V. Affordable Housing... ..... ... ... . .. .... . ... .. ... ... ..... . .. .... . ... .. ... ... ... ... ... ... 7-9
VI. Continuum of Care Narrative .......................................................... 9-10
VII. Other Actions............................. ........ ............. ............................. 10-15
VIII. Leveraging Resources...................................................................... 15
IX. Citizen Comments......................................................................... 15
X. Self- Evaluation. .. . .. . .. . .. . ... ..... ... ... .. ... . ......... . ..... ... ..... .. . . .. ........ .. . ..... 16
XI. Additional (Narrative Statement) Issues............................................. 17-18
c.
d.
Use of CDBG Funds in Relationship to Consolidated Plan............
Efforts in Carrying out Planned Activities.................................
Benefiting the National Objectives... ... ......... .... ................ ..........
Activities Involving Occupied Real Property...............................
Economic Development Activities Undertaken.............................
17
18
18
18
18
a.
b.
e.
XII.
Public Participation / Additional Requirements ....................................
18
XIII. Attachments
a. Advertisement - Notice of Availability of CAPER
b. Table 1. Measurable Targets vs. Accomplishments in Housing
c. Map of CDBG Target Area
d. Section 3 Summary Report
e. IDIS Generated Reports
2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30, 2006
I. INTRODUCTION
In 2005, the 2005-2010 Consolidated Plan was written and approved by City
Commission. The Plan outlines strategies to achieve decent housing, suitable living
environments, and expanding economic opportunities primarily for the benefit of
low- and moderate-income persons. The Consolidated Plan is updated every year
through an Annual Action Plan, detailing the activities to be undertaken and
resources to be used to achieve the goals and objectives of the 5-Year Plan each year.
The Consolidated Annual Performance and Evaluation Report (CAPER) reports on
the accomplishments of each Annual Action Plan. It provides a concise reference to
compare anticipated work with actual performance. The Fiscal Year 2005-2006
(October I, 2005 through September 30, 2006) CAPER will be the first of this
Consolidated Plan. The Community Development Division considers this report to
illustrate the City's considerable progress in achieving community goals and
objectives collectively identified in the Consolidated Plan. In addition to summary
descriptions of each funded activity, the CAPER includes maps, brief narratives
highlighting other aspects of the CDBG program and required Integrated
Disbursement and Information System (IDIS) reports.
This Report was made available for a IS-day public review and comment period
beginning November 17 through December 4, 2006. Copies were placed at the
Delray Beach Public Library and the Department of Community Improvement,
Community Development Division offices, located at 100 NW 1st Avenue, Delray
Beach, FL 33444.
II. ASSESSMENT OF ACTIONS TAKEN TO MEET THREE- TO FIVE-
YEAR HIGH PRIORITY GOALS AND OBJECTIVES
To accomplish the goals set for neighborhood revitalization direct benefit in the
form of housing and various other identified needs, the City made funding available
from the Community Development Block Grant (CDBG) Program ($663,871), State
Housing Initiatives Partnership (SHIP) Program ($459,760), Hurricane Housing
Recovery (HHR) Program ($1,000,000) City funded Neighborhood Housing
"Bootstrap" Program ($24,915), Children Service Council (CSC) Grant ($853,622),
and the Community Redevelopment Agency's West Settler's Historic District
Rehabilitation Program ($26,064). A total of $3,028,232 was made available to
provide community identified priority needs benefiting very low, low and
moderate-income residents during the 2005-2006 Fiscal Year.
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2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30, 2006
During this first year of the Five Year Consolidated Plan, the City of Delray Beach
pursued efforts to stabilize deteriorating conditions and revitalize neighborhoods
throughout the Community Development Block Grant (CDBG) Target Area in order
to improve the overall quality of life for our citizens. The City of Delray Beach has
continued its efforts to support neighborhood associations, beautification, street and
infrastructure improvements and development of the historic downtown area. As a
direct result of the City's on-going comprehensive rehabilitation and homebuyers
programs, property values have continued to increase and the goal of stimulating
the housing market through private construction activity has been met. The
Department of Community Improvement continues to provide concentrated code
enforcement, investments in infrastructure, neighborhood improvements,
opportunities for homeownership and housing rehabilitation through the various
programs and investment strategies highlighted in this annual report. The City's
capacity to increase innovative affordable homeownership activities has been
enhanced considerably over the past year due to the inception of the Delray Beach
Community Land Trust.
The City also continued its Disaster Assistance Programs available to low/mod-
income households in the wake of Hurricane Wilma. The City took action by
proactively participating in providing additional resources to fund blue tarps as well
as providing assistance to households in need of home repairs and in extreme cases,
home replacement.
The City is pleased to report that it was successful in meeting the housing delivery
goals established under its Annual Action Plan, assisting 15 housing units utilizing a
combination of CDBG, SHIP and City General Fund dollars. In addition, the City
expended over $144,050 in SHIP Disaster assistance funds for eligible households,
benefiting approximately 25 homeowners. Housing investment activities included
existing owner-occupied housing rehabilitation, lead-based paint testing and
abatement, exterior improvements, rehabilitation of investor-owned properties and
first time homebuyer purchase assistance programs.
In accordance with the City's Five Year Consolidated Plan (Priority Needs Summary
table), Owner-occupied housing rehabilitation household income ranges of 0-30%,
31-50% and 51-80% of median for the area are given a "High Priority". Housing
accomplishments in accordance with these priorities are provided below. In terms of
homeless needs, the Consolidated Plan table lists Outreach Assessment and
Transitional Shelters for families and Permanent Supportive Housing for Persons
with Special Needs as "High Priorities" as well. Accomplishments are provided in
the Continuum of Care section of this report. During the reporting period, the
Department also addressed the following "High Priorities" listed in the
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2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30, 2006
Consolidated Plan as "Priority Community Development Needs": Neighborhood
facilities, Childcare Centers, Parks and/or Recreational Facilities, Sidewalk
Improvements, Youth Services, Neighborhood Outreach, Crime Awareness, Fair
Housing Counseling, subsidized Child care Services and Code Enforcement (non-
CDBG). Individual priority accomplishments are reflected below by funding source.
CDBG funds provided direct monetary assistance for subsidized child care services,
enhancement of neighborhood services, housing counseling and emergency
intervention programs, targeted area sidewalk installation, and fair housing
education. All funded activities are considered to be "High Priorities" in accordance
with the City's Five Year Consolidated Plan.
Geographic Distribution of Funds
All activities undertaken during the program year were carried out primarily in the
Community Development Block Grant (CDBG) Target Area (see attached map)
consisting of census tracts 65.02, 67, 68.01 and 68.02. 2000 Census income data
reveals these census tracts are the areas of lowest per capita income, lowest median
household income and lowest family income in the City.
Census Tract Census Census Census Tract
65.02 Tract 67 Tract 68.01 68.02
Total Tract 2588 2305 6149 3437
Pop.
Minority 1897 2233 5586 3216
Pop.
% Minority 73.30% 96.88% 90.84% 93.57%
Pop.
2000 Census data also indicates Census tracts 65.02, 67, 68.02 and 68.02 have the
highest concentration of minority populations. Overall, Delray Beach's minority
population makes up 34% of the City's entire population, with the CDBG target area
have a minority population of 89%
III. AFFIRMA TIVEL Y FURTHERING FAIR HOUSING
The City continually pursues diverse avenues in expanding its philosophies and
community involvement to affirmatively further fair housing. During this review
period the City of Delray Beach continued to provide CDBG assistance to the Fair
Housing Center of Greater Palm Beaches (FHC) Inc., a non-profit fair housing
organization. Although FHC, Inc. does not have the authority to enforce fair housing
regulations, the organization accomplishes its goals through public education
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2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30, 2006
seminars and the ability to initiate legal proceedings against housing providers
accused of violating fair housing laws. The activities of FHC, Inc. are focused
throughout Dade, Broward and Palm Beach Counties (including the City of Delray
Beach). During this review period FHC, Inc. conducted a total of 5 educational
workshops/seminars as contracted. The same were provided for civic organizations,
students at area schools, local realtors, and community based organizations.
In addition, the City continued to utilize its in-house Rental Inspector, who operates
under the Code Enforcement Division. In addition to providing one-on-one
landlord/property manager trainer sessions, referrals for conflict resolution services
involving fair housing issues and formal mediations related to landlord-tenant law,
the Rental Inspector refers clients to FHC as part of the contracted services under its
CDBG sub recipient agreement.
IV. ANAL YSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE
The City of Delray Beach recognizes that furthering fair housing means an Analysis
of Impediments (AI) to fair housing choices must be completed and actions to
mitigate or eliminate impediments identified must be taken. The City's newly
established Neighborhood Advisory Council has as one of its goals to assist in
updating the current AI during program year 2005-2006 in order to keep abreast of
current data and housing trends and new recommendations to overcome identified
impediments to fair housing. The identified impediments and the actions taken in
the past year to address these impediments are summarized below.
Impediment
Redevelopment successes have inherently
translated into increased land costs affecting
additional affordable infill development; this
overall increase in costs acts as a barrier
Action Taken
City amended its Local Housing Assistance
Plan to create a strategy allowing the
Community Land Trust to utilize up to
$75,000 in subsidy to buy down construction
costs of CL T homes; thereby creating units
that will remain affordable in perpetuity,
regardless of increasing land cost.
City implemented its Family/Workforce
Housing Ordinance, providing regulations
and incentives that encourage developers to
build affordable units along with market rate
housing. FY05-06 saw the City's first
development under this ordinance, which
resulted in 20 units sold to buyers at or below
120% of the median income.
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2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30, 2006
Impediment (cont.)
Hurricane Wilma caused the City to lose 200 public
housing units after Carver Estates, Delray Beach's
sole public housing facility, suffered severe
structural damage, displacing 196 families.
Economic and education barriers continue to
inhibit homeownership opportunities in some
cases
A lack of comprehensive pre and post closing
credit and budget counseling services available to
homebuyers. Services are needed in order to
ensure stability of ownership and long-term
affordabili ty
Economic barriers continue to inhibit small-
business ownership opportunities in some cases
A dramatic increase in hurricane damages incurred
by residential households caused increased costs in
rehabilitating and hardening of owner-occupied
uni ts
The lack of one centralized clearing house to
disseminate information affordable housing
options and programs available to residents
Action Taken (cant.)
City applied on behalf of DBHA to the
Department of Community Affairs to access
Disaster Recovery Initiative (DRI) funding in
order to finance the demolition of the Carver
Estate buildings to make way for DBHA's
redevelopment plan.
City collaborated with the Community
Redevelopment Agency and Community
Land Trust utilizing Hurricane Housing
Recovery (HHR) Program funds in to replace
affordable rental units within the CDBG
Target Area (La France Apartments and 133
NW 5th Avenue). 23 rental units will be
created through this program.
City provided outreach and education efforts
regarding fair housing to more than 450
individuals through its partnership with the
Fair Housing Center of the Greater Palm
Beaches, Inc.
Comprehensive pre housing counseling is
being provided as a component of
Community Land Trust program.
City provided outreach and education efforts
for economic development through its
partnership with The Center for Technology,
Enterprise and Development (TED Center).
During Fy05-06, fifteen (15) CDBG Target Area
businesses were assisted through the TED
Center's Business Incubator Program.
City applied to the Department of
Community Affairs to access $950,000 in
Disaster Recovery Initiative (DRI) funding in
order supplement the City's rehabilitation
program. Under this proposal the City will
assist up 40 additional owner-occupied single
family units in repairing and hardening their
homes to prevent further hurricane damages.
City utilized CDBG funds to rehabilitate an
existing City Police sub-station within the
established CDBG target area for use as a
Neighborhood Resource Center (more
information in part VII of this document),
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2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30, 2006
The lack of marketable titles for numerous
remaining vacant parcels within the CDBG and
CRA Target Areas has translated into a decrease in
the flow of new affordable unit construction
which currently houses the Community Land
Trust offices.
Identifying vacant properties with "clear
titles" within the established CDBG target
area is being provided as a component of the
City's Housing Renaissance Program by the
Communi Redevelo ment A enc .
V. AFFORDABLE HOUSING ACTIONS
Eliminating barriers to affordability is a primary objective of the Community Land
Trust programs and grants for housing rehabilitation. During this review period,
the City continued to promote affordable housing through its Community
Development Division. Various resources (as described throughout this report) are
utilized to maintain and expand the City's inventory of affordable units. The Five-
Year Consolidated Plan determined that all three household income categories are
prioritized as follows: "Very Low" 0-30%, "Low" 31-50%, "Moderate", 51-80%
During this review period, priority housing needs were addressed as follows:
A. Owners
Priority # 1: Extremely Low Income (0-30% ELI) and Very Low-Income (31-50%
VLI) Existing Homeowners and First-Time Homebuyers; and Low-Income (51-
80% LI) First-Time Homebuyers:
Community Development Block Grant (CDBG)
11 owner-occupied units were completed (full rehab and emergency repair) with a
total of $111,126 CDBG funds, providing housing rehabilitation at approximate
$10,102.36 per unit. Of the households assisted 8 were in the Extremely Low Income
Category, 1 Very-Low and 2 Low. Additional units are currently underway.
Priority # 1: Very Low Income (0-30% MFI) and Low-Income (31-50% MFI)
Existing Homeowners and First-Time Homebuyers; and Moderate-Income (51-
80% MFI) First-Time Homebuyers:
State Housing Initiatives Partnership (SHIP) Program (for owner-occupied
rehabilitation)
2 owner-occupied units were completed (full rehabilitation) with a total of $34,905
SHIP Program funding, providing housing rehabilitation at approximately
$17,452.50 per unit. Both of the assisted households were within the very low-
income category.
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2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30,2006
State Housing Initiatives Partnership (SHIP) Disaster Assistance Program (for
owner-occupied units)
Payment of insurance deductibles and cost of non-insured repaired were completed
for twenty six (26) owner-occupied units with a total of $144,050.10. The maximum
award allowed under the City's disaster assistance strategy is $15,000. 10 of the
assisted households were within the very low-income category. 8 assisted
households were within the low-income category and 8 assisted household were
within the moderate-income category.
City of Delray Beach Neighborhood Housing Program - Strategic Task Teams
The City allocated $250,000 toward its Strategic Task Team initiative which
developed Neighborhood Action Plans for three neighborhoods. These plans were
created with a goal to reverse any current deterioration and stabilize each
neighborhood with the infusion of public funds to support enhancements. Plans
were designed to add a direct benefit to the community and provide aesthetic
improvements. These improvements in turn aim to increase property values and
improve public safety.
City of Delray Beach Neighborhood Housing Program - Bootstrap Rehabilitation
Program (for owner-occupied rehabilitation)
Three (3) owner-occupied units were completed (exterior improvements) with a
total of $24,915 in City funded Bootstrap Program dollars, providing improvements
at approximately $8,305 per unit. 1 of the assisted households was within the very
low-income category. The remaining 2 assisted households were within the low-
income category. 2 of the households assisted are classified as Black, non-Hispanic,
and 1 household is classified as White-Hispanic.
Community Redevelopment Agency - West Settlers Historic District Rehabilitation
Program (for exterior improvements to residential structures within the
Redevelopment Area)
A total of 3 units were completed during the reporting period under this program.
B. First-time Homebuyer Program - Delray Beach Community Land Trust
Priority # 1: Very Low Income (0-30% MFI) and Low-Income (31-50% MFI) Existing
Homeowners and First-Time Homebuyers; and Moderate-Income (51-80% MFI) First-
Time Homebuyers.
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2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30, 2006
In order to assist clients at or below 80% of the area median income, the City
adjusted the amount of maximum subsidy available to assist eligible homebuyers to
$75,000 on January 7, 2006.
In July of 2006, the City transitioned its First Time Homebuyer Program, which
provided traditional down payment assistance, into a Sub-recipient Partnership
Program with the Community Land Trust (CL T) for the purpose of creating
affordable homeownership opportunities. Under the Sub-recipient Housing
Partnership Program, subsidy is awarded (based on occupants income eligibility) to
the CL T to be applied towards the principal reduction of construction costs of CL T
units. This strategy enhances each unit's affordability by keeping the subsidy joined
to the unit as opposed to the occupant. Buying down the cost of each unit reduces
the sales price for the occupant and enhances the unit's affordability in perpetuity.
In addition, the City continued to implement its Family Workforce Housing
Ordinance which was adopted in November 2004. The Ordinance provides
regulations and incentives to encourage developers to build housing within the
City's CDBG target area; and includes and preserves the Family/Workforce housing
along with market rate housing. Performance criteria contained in the Ordinance
controls the proportions of workforce housing to market rate housing in terms of
bedroom sizes, for sale and for rent, and housing product types, as well as in other
ways that would promote development of workforce housing units. Covenants and
restrictions apply to both for sale and for rent workforce housing to ensure
sustained afford ability for a longer term. The intention of this policy is to make
affordable and diverse housing opportunities available throughout the City. During
FY 05-06, the first development utilizing this ordinance, Swinton Square, was
completed, resulting in twenty (20) units sold to buyers at or below 120% of the
median income.
VI. CONTINUUM OF CARE NARRATIVE
During this reporting period, CDBG funds were allocated to the Urban League of
Palm Beach County for purposes of providing credit counseling, emergency
intervention programs and referral services (many of which prevent further
occurrences of homelessness). These services are provided to very low and low-
income families and are designed to intervene and educate in an effort to prevent
further incidences of homelessness. During this time, the Urban League's South
County Office provided these services to approximately 91 eligible households / 150
persons within the City of Delray Beach.
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2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30,2006
Funds were also provided to FHC, Inc., in support of fair housing outreach and
education. Fair housing workshops and seminars are designed to benefit all persons
(particularly those normally subject to housing discrimination). A total of five
workshops/seminars were conducted within the City of Delray Beach.
The Palm Beach County Continuum of Care is the county-wide strategy (inclusive of
Delray Beach) for meeting the needs of individuals and families who are homeless
or at risk of becoming homeless.
Under the auspices of the Homeless Coalition of Palm Beach County, Inc., and in
concert with PBC government, together with dedicated representatives of local
government, business, homeless provider agencies, formerly homeless persons,
advocates, and other interested participants, regular meetings of the Service
Provider Network are conducted to provide a forum for information sharing and for
discussion of issues relating to homelessness and service to the homeless.
Additionally, the Homeless Assessment Center (which encompasses service to the
City of Delray Beach) provides immediate assistance to the chronically homeless
identified through referral sources such as law enforcement, faith based
organizations, criminal justice system and concerned citizens.
The PBC Continuum of Care Collaborative coordinated the mini-application process
to select the agencies that would apply directly to HUD for funding. The agencies
contracted directly with HUD and funds were disbursed in support of transitional
housing and support services for homeless individuals and families on a
countywide basis to assist the homeless in their transition from homelessness to self-
sufficiency .
VII. OTHER ACTIONS
Actions undertaken to address obstacles to meeting underserved needs and to foster
and maintain affordable housing include implementation techniques, providing
density bonus points and development fee waivers.
Actions to Overcome Gaps in Institutional Structure
During FY05-06, the City utilized CDBG funds to rehabilitate an existing City Police
sub-station within the established CDBG target area for use as a Neighborhood
Resource Center (NRC). The Neighborhood Resource Center's mission is to enrich
the quality of life of City residents and promote a sense of community through the
delivery and connection of services that educate, develop financial management
skills, and promote productive lifestyles. The NRC now serves as office space for
organizations and agencies such as the Community Land Trust, United Way
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2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30, 2006
Prosperity Campaign, Families First, Coalition for Community Renewal (formerly
Weed & Seed), CROS Ministries/ Caring Kitchen, as well as a 2 City funded
positions including a Staff Assistant and Neighborhood Planner. Services provided
on-site at the NRC include:
Neighborhood Services
. Information Clearing House
. Maps & Databases of Neighborhood Associations
. Neighborhood Resource Library
. Technical Assistance to Grass Root Organizations
. Meeting Space
. Mailing Labels, Creating & Distributing Notices
. V olunteer/ Civic Engagement
. Mentoring Programs
. Technical Assistance to community-based organizations engaging residents
and sustaining involvement
. Workshops and training including classes such as:
o Neighborhood Pride Grant workshop
o Making City Hall Work for You
o How to be a President or Chairperson
o Neighborhood Crime Watch
o Nutrition and Wellness
Community Land Trust
. Sales office for purchase of CL T single family homes, town homes and
condominiums
. Homebuyer education and CL T workshops
. Access to SHIP subsidy dollars
Families First
. Family Self-Sufficiency and support services
. Parenting Skills
United Way Prosperity Campaign
. Career path assessment
. Educational/vocational training & planning
. Admissions & financial aid counseling
. Support services (placement testing, remediation, tutoring, mentoring, etc.)
. Soft Skills training
. Money Management
. Financial Literacy
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2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30, 2006
. Credit Counseling & Financial Literacy
. Credit Repair
. IDA savings account ($2 to $1 match)
. Assistance gaining access to programs such as
o Food Stamps
o Medicaid
o TANF
o LIHEAP
o KidCare
o Child Care Subsidy
o EITC and other Tax Credits
o Silver Saver Prescription Benefits
Coalition for Community Renewal
. Referral services to ex-offender re-entry program servicing the CDBG target area
CROS Ministries! Caring Kitchen
. Immediate needs assistance such as:
o Food or food vouchers
o Prescriptions
o Access to clothing/ hygiene products
o Assistance in accessing medical treatment, doctors appointments
o Assistance in accessing SSA, WF A, etc.
. Non-emergency needs assistance such as:
o Assistance in accessing various public services
o Greyhound tickets/ travel
o Declaration of Domicile
o Obtaining identification cards
Actions to Enhance Coordination
The City of Delray Beach has a number of successful groups and committees that
currently work together to provide an effective delivery system for affordable
housing production and services throughout the City. A variety of organizations,
including local housing organizations such as the Delray Beach Housing Authority,
the Delray Beach Community Redevelopment Agency and the City collaborate
regularly to try and serve as wide a range of persons as possible throughout the
City. Among the current initiatives underway include a redevelopment plan for the
City's public housing complex (Carver Estates) which was condemned after
Hurricane Wilma, the West Settlers Historic District Revitalization, and the Mayor's
Relationships between Authorities, Citizens & Experts (RACE) Initiative.
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2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30,2006
Actions to Improve Public Housing
The Delray Beach Housing Authority's Carver Estates Public Housing Project is the
only public housing located in the jurisdiction of Delray Beach. The project is within
the southwest section of the designated CDBG target area and is in census tract
68.01. Carver Estates is adjacent to Auburn Trace, an affordable rental complex
consisting of 256 units developed under the Urban Development Action Grant
(UDAG) with the area designated as a "pocket of poverty."
Carver Estates was built in the early 1970's and although maintained by the
Authority with its limited resources, the buildings deteriorated over time. The
Housing Authority applied for funding under the HOPE VI federally funded
program to provide homeownership opportunities, rental assistance, job placement
and other social service needs to prepare residents for occupying the new
development.
Damages from Hurricane Wilma were so significant the entire complex was
declared as "unsafe for occupancy" by the City's Chief Building Official. The
buildings are currently vacant and dilapidated. The City, on behalf of the Housing
Authority, has applied for funding through the Disaster Recovery Initiative to
demolish the entire complex. The City is proposing to use the funds to demolish the
Carver Estates Public Housing Project eliminating a severe slum and blighted
condition occurring on the site. The demolition of the structures will address the
health issues related to rodents, odor and significant mold infestation now
appearing within the units. The use of these funds will also eliminate opportunities
for criminal activity that are occurring on the site and affecting the quality of life in
this neighborhood. Once demolished, the Authority will move forward with
conceptual plans for redeveloping the 3-acre site. Proposals are currently being
evaluated by the contracted consultant.
Actions to Replace Affordable Rental Units
During FY2006-2007, the City secured $1,000,000 Hurricane Housing Recovery
(HHR) Program funds. The HHR program was created for the purpose of providing
funds to assist those areas of the state with the greatest housing damage from
Hurricane Wilma. The Florida Legislature appropriated one-time hurricane housing
recovery funds which are administered by the Florida Housing Finance Corporation
(FHFC). Staff has collaborated with the Community Redevelopment Agency and
the Delray Beach Housing Authority to develop strategies and to leverage dollars
and resources to identify projects that will best serve the housing needs of the very
low-, low- and moderate-income households.
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2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30, 2006
In response to the loss of Carver Estates, the City created a Rental Housing
Development strategy in its HHRP Local Housing Assistance Plan. Under this
strategy, the City is currently in an agreement with the CRA to rehabilitate two
separate buildings within the CDBG Target Area for the purpose of creating twenty
three (23) affordable rental units.
Actions to Improve Resident Initiatives
As described above, the City of Delray Beach provides general revenue dollars in
support of the local Bootstrap Rehabilitation Program. However, general revenue
funding is provided annually in support of other Neighborhood Housing Program
initiatives as well. Funds are provided for outreach and education initiatives as well
as development of existing and new neighborhood, community and homeowner
associations throughout the City of Delray Beach. During FY05-06 the City's
allocation of $250,000 toward Strategic Task Teams was utilized to create and
implement Neighborhood Action Plans for three (3) neighborhoods. These plans
were created with a goal to reverse any current deterioration and stabilize each
neighborhood with the infusion of public funds to support enhancements. Plans
were designed to add a direct benefit to the community and provide aesthetic
improvements, which in turn aimed to increase property values and improve public
safety. Under the Neighborhood Housing Program, funding is also provided in
support of neighborhood clean-up campaigns, our local adopt-a-street and adopt-a-
tree programs, as well as numerous other events and activities.
In addition, the City completed its third year as a partner with the Community
Child Care Center to provide much needed services to families residing in the
CDBG target area. Under a grant from the Children Service Council (CSC) of Palm
Beach County, the City partners with the non-profit agency to implement the highly
successful "Beacon Center" model providing comprehensive wrap around services
to the students and their families at the Village Academy Elementary School. This
school is located in the core part of the CDBG target area and ninety-eight percent of
the student population qualifies for free lunch under the Federal designation of
poverty
Lead-Based Paint Hazard Reduction
The City implements its housing related activities in a manner which assesses lead-
based paint risk for traditional target population (Le., at risk children under 7 years
of age). When providing assistance under its housing programs, the City continues
to provide all clients and potential clients with the "Lead-Based Paint" pamphlet
that describes hazards of lead-based paint. The City's Housing Rehabilitation
Specialist has been designated a certified Lead Inspector and the City utilizes the
services of a certified lead-based paint professional to conduct lead inspections and
14
2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30, 2006
risk assessments. In addition, the City created an awareness of and promoted to
local contractors the "Lead-Safe Work Habits" training.
Program Compliance and Planning Requirements
The City monitors Plan implementation through constructive record-keeping of
project execution details, on-site inspections and maintaining close functional links
with service providers, economic organizations, neighborhood groups and target
beneficiaries. Staff involvement in housing and community development
organizations and their activities provide the Staff with valuable insight into the
evolving needs of low- and moderate-income persons.
Focus groups and citizen meetings, conducted as part of developing the Five-Year
Consolidated Plan, provided opportunities to share information and hear about
issues important to neighborhood groups and community agencies. Details on
CDBG programs, neighborhood organizations, and other public information is
maintained on the City's website at www.mydelraybeach.com
Anti-Poverty Measures
In addition to the City's holistic approach to community development (as described
throughout this document), it also takes a multi-faceted approach toward reducing
the number of households with income below the poverty level. The first approach
is to provide safe and affordable housing for very low-, low- and moderate-income
households. Specific activities include owner rehabilitation, emergency repair,
homeownership, code enforcement, demolition/clearance, support services
(including fair housing and housing counseling services), working with affordable
housing providers, assisting non-profit and for-profit developers to initiate new
construction activities, and working with at-risk homeless and "special needs"
providers.
The second approach is to establish healthy neighborhoods through balanced,
diverse development of public facilities, infrastructure, housing, commercial,
recreational and safety activities. Specific activities include efforts to provide
infrastructure with street improvements (including handicap accessibility)
throughout the city with emphasis on CDBG target areas; public services through
Fair Housing counseling; capacity-building and administrative assistance to
neighborhood organizations; public facilities assistance by improving parks, and
supporting efforts of other community development providers in public service,
public facility, and transportation / safety activities.
Economic development represents the third facet of the city's approach to anti-
poverty. Economic development efforts will be expanded by retaining and
15
2005 Consolidated Annual Performance and Evaluation Report
October 1 , 2005 - September 30, 2006
expanding employment and business opportunities for city residents. Specific
activities include promoting downtown revitalization, supporting non-profit
housing partner in its small business incubator program, and promoting
neighborhood revitalization through commercial redevelopment.
VIII. LEVERAGING RESOURCES
The City of Delray Beach was very successful in leveraging CDBG funds with other
public and private resources. The City's successful housing programs have enabled
the direct leveraging of substantial match dollars in the form of first mortgages
through private lending institutions, Palm Beach County Government, US HUD,
and other local funding providers. Also, Public Service agencies are encouraged to
seek other funding sources for the purpose of leveraging CDBG dollars.
CITIZEN COMMENTS
As required in accordance with the Consolidated Plan regulations, a fifteen-day
public review and comment period was given to the City's citizens and other
interested persons prior to the submittal of this report to the US HUD field office. A
copy of the advertisement requesting review and comments relating to the
document is attached to this report.
IX. SELF-EV ALUA TION
During the FY 2005-2006 reporting period the City of Delray Beach continued to
make progress toward meeting identified community needs and priorities. The City
successfully accomplished numerous housing rehabilitations, emergency repairs,
public service activities and units of service, and other community development
initiatives. CDBG, SHIP and other local dollars were allocated toward a diversity of
eligible activities in support of the City's holistic approach to providing affordable
housing, a suitable living environment and expanded economic opportunities for
our residents. In addition, the City was able to successfully implement a Disaster
Assistance Program to assist homeowners who incurred damages to their homes
due to Hurricane Wilma.
Investment by area builders as well as non-subsidized homebuyers has continued to
compliment the City's redevelopment efforts during this time. Active code
enforcement, citizen patrols, drug prevention programming, installation of
sidewalks, park and facilities improvements, comprehensive housing rehabilitation
and the provision of targeted social services have all continued to assist with the
16
2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30, 2006
improvement of living conditions and increased property values throughout the
CDBG Target Area.
By targeting our efforts geographically and allocating CDBG dollars toward "High
Priority" concerns/issues identified in the 2005-2010 Consolidated Plan, the City
made tremendous progress in meeting the program objectives and identified
priorities. The City's on-going collaborative efforts with other public and private
entities and increased public participation throughout the years helped to keep the
City" fluid" in identifying new resources and avenues to meet the identified needs.
The City has successfully utilized CDBG dollars to address needs identified in the
Consolidated Plan. This is supported by the outcomes reported under each separate
activity identified throughout this report and in the attached IDIS reports. In
addition, the City utilized the CPMP Tool for the submission of its 2006-2007 Annual
Action Plan which will assist in reporting future productivity and program impact.
In program year 2005-2006 we met the statutory test for timely expenditure of funds.
17
2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30, 2006
x. CDBG NARRATIVE STATEMENT
a. Use of CDBG Funds in Relationship to Consolidated Plan
As described throughout this report, the City has been extremely successful
in addressing local needs identified at the community level. During this
reporting period alone, the Department again addressed the following "High
Priorities", listed in the Consolidated Plan as "Priority Community
Development Needs": owner-occupied housing rehabilitation, homeless and
non-homeless with special needs issues, neighborhood facilities, child care
centers, parks/and/or recreational facilities, youth and adult services, crime
awareness, fair housing counseling, subsidized child care services, and
targeted code enforcement. This report in various sections provide individual
priority accomplishments, particularly when discussing affordable housing
preservation and development. 100% of all CDBG funds expended during
the 2005-2006 Program Year served to meet the National Objective of
benefiting low and moderate-income persons (24CFR 570.208a).
During this reporting period CDBG funds were also allocated to the
following private non-profit organizations in support of eligible public
service activities.
Community Child Care Center
The Center provides pre-school education and family services to very low-
and low-income children (100% Title IV-A), individuals under Protective
Services custody, parents enrolled in work training programs, and low-
income teen parents. During this reporting period CDBG funds in the amount
of $75,000 were provided to the agency in support of programming efforts. A
total of 684 unduplicated children received the direct benefits of this
programming effort. Of the 684 served, 37 were classified as White-Hispanic
and 614 were classified as Black, non-Hispanic, 33 were identified as Multi-
racial.
Urban League of Palm Beach County, Inc.
The South County Office of the Urban League provides services to very low
and low-income residents of Delray Beach. The services (housing counseling
and Emergency Intervention Programs) are designed to intervene for and
educate residents regarding issues of homelessness and to prevent further
incidences of homelessness. During this reporting period, CDBG funds in the
amount of $15,000 were provided to the agency in support of the partial
salary of one service delivery position. A total of 91 persons received the
18
2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30, 2006
direct benefits of this programming effort. Of the 91 persons served, 73 were
classified as White/Hispanic and 18 were classified as Black, non-Hispanic. 38
were female headed households.
b. Efforts in Carrying Out Planned Actions
All projects and activities included in the approved Annual Action Plan for
this reporting period (2005-2006) have either been completed or are
underway. Funds from previous program years were also expended during
this time and are reflected in the IDIS generated reports.
c. Benefiting the National Objectives
All projects/activities funded under the City's CDBG formula entitlement
during this reporting period met the National Objective criteria. All funded
activities met the National Objective of Benefiting Low and Moderate-Income
Persons. The grantee met and exceeded the overall benefit certification
requirements (of 70%).
d. Activities Involving Occupied Real Property
As provided in various sections of this report, CDBG funds were utilized
during this period for numerous rehabilitation activities. However, none of
the activities required relocation as a result of displacement.
e. Economic Development Activities Undertaken and Other Issues
During this program year, $30,000 in CDBG funds was provided to The
Center for Technology, Enterprise and Development (T.E.D. Center) to
provide business incubator services and technical assistance to eligible
businesses.
XII. PUBLIC PARTICIPATION / ADDITIONAL REQUIREMENTS
In accordance with the Consolidated Plan regulations, this report was made
available to the public for examination and comment from November 17, 2006
through December 4, 2006. No public comments had been received prior to
submission of the Report to the HUD Field Office December 29, 2006. Any
comments received after submission will be sent as an addendum to the CAPER.
Please see attached newspaper advertisement published locally. The completed
CAPER (performance report) is also available for examination by the public upon
request.
19
2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30, 2006
XIII. ATTACHMENTS
Advertisement - Notice of Availability of CAPER
Table 1. Measurable Targets vs. Accomplishments in Housing
Map of CDBG Target Area
IDIS generated reports
20
2005 Consolidated Annual Performance and Evaluation Report
October 1, 2005 - September 30, 2006
Table 1. Measurable Targets vs. Accomplishments in Housing
Percent
2005-2006 2005-2006 Accomplishment
Proiect Targets Accomplishments 2005-2006
Owner-
Occupied 7-CDBG 2-CDBG 28%
Rehabilitation 10-SHIP 2-SHIP 20%
Emergency
Repairs 0 9 100% +
First-time
Homebuvers 5 1 20%
Housing
Demolition 2 1 50%
Bootstrap 10 3 30%
SHIP Disaster N/A 25
Assistance
Overall, the City has exceeded its annual housing goals.
21
CITY OF DELRAY BEACH
COMMUNITY IMPROVEMENT DEPARTMENT
COMMUNITY DEVELOPMENT DIVISION
On November 17, 2006 the City of Del ray Beach Community Development Division will
make available for public review and comment, the City of Delray Beach Annual
Performance and Evaluation Report (CAPER) for FY 2005-2006. This document
highlights the annual performance of the City's Community Development programs with
respect to the overall Five-Year Consolidated Plan priorities and objectives for the
Community Development Block Grant (CDBG) and other (local) housing and
community development related programs. Citizens, public agencies, and other
interested parties are invited to submit written comments regarding the CAPER on or
before December 4, 2006 to:
The City of Delray Beach Community Development Division, Attn.: Elizabeth Alpert,
Community Development Administrator, 100 N.W. 1st Avenue, Delray Beach, Florida
33444; (561) 243-7280. Copies of the CAPER are available for review at the location
stated above, Monday through Friday, from 8:00 a.m. to 5:00 p.m. and at the Delray
Beach Public Library, 100 NW 1st Avenue, Delray Beach, Florida 33444 during normal
business hours. Citizens who require special assistance are encouraged to call the above
telephone number so that special arrangements can be made.
Publish: November 17,2006
Boca Raton News
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- - O/G}lAL BASE MAP S"fST[M --
CDBG TARGET AREA
MAP R[f: UAAl6B
Agenda Item No.: ~ .0
AGENDA REQUEST
Request to be placed on:
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
__x__ Consent Agenda
Date: November 28,2006
When: December 5,2006
Description of item:
City Commission approval of the 2005-2006 Consolidated Annual Performance and Evaluation
Report to meet performance reporting requirements of the Department of Housing and Urban
Development.
ORDINANCE/RESOLUTION REQUIRED: Yes/No
Draft Attached: Yes/No
Recommendation:
Staff recommends approval of the Consolidated Annual Performance and Evaluation Report to
meet performance reporting requirements of the Department of Housing and Urban Development.
DepartmentHeadSignature:~ ~~<j.-z. ~
City Attorney Review/Recommendation (if applicable):_
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives:
Account No. & Description:
Account Balance:
( if applicable)
City Manager Review: ~I
Approved for Agenda: v'lO M
Hold Until: v \
Agenda Coordinator Review:
Received:
Placed on Agenda:
fJf)
.dfU(
!
[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE
2()() !'\W I st AVENUE' DFlfV\y BEACH, FLORIDA 33444
TELEPHONE: 561124.1-:(J<)()' FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
f lOR I D A
Da.d
AII.America City
, 1111 ! DATE
MEMORANDUM
December 1 , 2006
1993
2001
TO:
City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorne
SUBJECT: Subordination Aqreement
Orion Bank has asked for the City to further subordinate its loan to a further
advance by Orion Bank to Auburn Trace in the amount of $1,200,000.00, which
increases the senior loan amount to 9.4 million dollars. The bank seeks the City's
consent to subordinate its loan to this increased amount.
Please place this item on the City Commission agenda for December 5, 2006.
SARci
cc: Doug Smith, Assistant City Manager
Chevelle Nubin, City Clerk
Lanelda Gaskins, Executive Assistant/Agenda Coordinator
Joe Safford, Finance Director
Becky O'Connor, Treasurer
~.P
11-30-2006 04:57PM FROM-WE I NERARONSON
+
T-361 P.002/003 F-OB5
777 S. Flll~ler Drive. Sllite 1701 ... Wl:~l Palm Beach, Fl. .33401-6r61
56/-65.\-5Q21 * Fax Sbl-6S3.S0H
November 26. 2006
The City of Pel ray Beach
Attn: Susan Ruby. Esquire
200 NVV 1st Avenue
Delray Beach I Florida 33444
RE: Subordination Agreement
Our File No.: AUBM002
Dear Ms. Ruby:
We wish to request from the City of Delray Beach that, pursuant to the
Subordination Agreement dated April 28, 2006, in accordance with Section 3.h of
the Agreement hereto attached, the City ~Consent" to allow the Senior Lender
(Orion Bank) to make a "Future Advance" to the current senior loan.
The future advance has been approved by Orion Bank and with the consent of
the City will be in the amount of one million, two hundred thousand dollars
($1,200,000.00) increasing the total senior loan amount to $9.4 million dol1ars'.
The term of the loan will be for 60 months and amortized over 25 years at an
interest rate of approximately 7.5%.
The proceeds will be used to pay for, among other things, incurred development
costs for the Master Planned Development of The Villages at Delray,
encompassing the current Auburn Trace Apartment Community and the re-
development of the adjoining former Carver Estate Community.
We believe the"one time request" for Mure advance proeeeds will enhance and
consolidate the value of the mortgaged property. Orion Bank believes i1 is
important to the value of the property that the items be paid for and completed.
These items are associated with the betterment of the mortgaged property and
the enhancement of its value, not to mention the ultimate goal of Arburn Trace
providing additional affordable housing units to a submarket in need of this type
of dwelling.
Orion Bank is hereby requesting that an executed copy of this letter be returned
to the Bank, approving and consenting to the Bank's actions. Upon signed
acceptance, an amendment to the subordination agreement will be drafted and
sent forward to your attention which would in essence subordinate the City.s loan
to the future advance.
An cXlrnordln;1r.v t:I~"1I flH r."xlrll.1fl1lnJlr-" people
'" IN.... , ." II' n pan k . co fT1
11-30-2006 04:57PM FROM-WEINERARONSON
+
T-361 P.003/003 F-085
We look forward to your cooperation and consent and the future development of
the Villages of Delray.
Thank you for your time and consideration.
Very truly yours,
-~~~ ---
Peter J. Kampine
Area ~resident, Palm Beach County
CITY OF DELRA Y BEACH
By:
Its:
Prepared By:
Ryan P. Aiello, Esquire
Nason, Yeager, Gerson, White & Lioce, P.A.
1645 Palm Beach Lakes Blvd., Suite 1200
West Palm Beach, Florida 33401
AMENDMENT TO SUBORDINATION AGREEMENT
THIS AMENDMENT TO SUBORDINATION AGREEMENT (this "Amendment") is
made this _ day of December, 2006, by and among AUBURN TRACE, LTD., a Florida limited
partnership (the "Borrower"), the CITY OF DELRA Y BEACH, a Florida municipal corporation
(the "Subordinating Lender") and ORION BANK, a Florida banking corporation (the "Bank");
W!TNE~~ETH:
WHEREAS, the Borrower, the Subordinating Lender, and the Bank have previously
entered into that certain Subordination Agreement dated April 28, 2006 and recorded in Official
Records Book 20273, Page 1430, Public Records of Palm Beach County, Florida (the
"Agreement"); and
WHEREAS, the Borrower, the Subordinating, Lender, and the Bank have agreed to modify
the terms of the Agreement as set forth herein.
NOW, THEREFORE, for and in consideration of the sum of TEN AND NO/lOO'S
($10.00) DOLLARS and other good and valuable consideration, the receipt and sufficiency whereof
are hereby acknowledged, the Borrower, the Subordinating Lender, and the Bank agree as follows:
1. The foregoing recitals are true.
2. The term "Loan", as originally defined in the Agreement, is hereby modified to
include a future advance of even date herewith in the amount of $1,200,000, as evidenced by that
certain Future Advance Promissory Note of even date herewith in the amount of $1,200,000, and
that certain Consolidated Promissory Note of even date herewith in the amount of $9,400,000.
3. The term "Bank Mortgage", as originally defined in the Agreement, is hereby
modified to include that certain Mortgage, Security Agreement and Assignment of Rents dated
April 27, 2006 and recorded in Official Records Book 20273, Page 1396, as modified by that
certain Notice of Future Advance and Mortgage Modification Agreement of even date herewith, all
recorded or to be recorded in the Public Records of Palm Beach County, Florida.
R€Ali~ ~ieentml- fv,-T'kxvi ~.P
4. The Agreement is hereby modified such that the lien and operation of the
Subordinating Lender Mortgage and all rights and obligations created thereunder shall continue to
be subordinated to the lien and operation of the Bank Mortgage, as modified by that certain Notice
of Future Advance and Mortgage Modification Agreement of even date herewith, and all rights and
obligations created thereunder, such that the Bank Mortgage, as modified, shall continue to
constitute a first lien upon the Bank Mortgage Property in the full amount of the Loan, including the
future advance of $1,200,000.
5. Except as amended by this Amendment, the Agreement is unmodified and is in
full force and effect. The terms of this Amendment shall prevail over the terms of the
Agreement in the event of any conflict. Capitalized terms not defined herein shall have the
meanings set forth in the Agreement.
6. This Amendment may be executed in any number of counterparts and by different
parties to this Amendment on separate counterparts, each of which, when so executed, will be
deemed an original, but all such counterparts will constitute one and the same Amendment. Any
signature delivered by a party by telephone facsimile transmission will be deemed to be an original
signature.
[SIGNATURES ON FOLLOWING PAGE)
2
IN WITNESS WHEREOF, this Agreement was executed as of the day and year first
above written.
Signed, sealed and delivered
in the presence of:
BORROWER:
AUBURN TRACE, LTD., a
Florida limited partnership
By: Auburn Trace Joint Venture,
a Florida general partnership,
its General Partner
By: Auburn Management, Inc.,
a Florida corporation,
its General Partner
By:
Brian J. Hinners
Its: President
SUBORDINATING LENDER:
CITY OF DELRA Y BEACH
By:
JefIPerlman, Mayor
BANK:
ORION BANK
By:
Its:
3
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing Subordination Agreement was acknowledged before me this _ day of ,
2006, by Brian J. Hinners, the President of Auburn Management, Inc., a Florida corporation, General Partner of Auburn
Trace Joint Venture, a Florida general partnership, General Partner of Auburn Trace, Ltd., a Florida limited partnership,
on behalf of the corporation, the general partnership and the limited partnership, ( ) who is personally known to me OR
( ) who produced as identification.
Notary Signature
Print Notary Name
NOTARY PUBLIC
State of Florida at Large
My Commission Expires:
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing Subordination Agreement was acknowledged before me this _ day of
2006, by Jeff Perlman, the Mayor of the City of Delray Beach, a Florida municipal corporation, on behalf of the
corporation, ( ) who is personally known to me OR ( ) who produced as
identification.
Notary Signature
Print Notary Name
NOTARY PUBLIC
State of Florida at Large
My Commission Expires:
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing Subordination Agreement was acknowledged before me this _ day of
2006, by , the of ORION BANK, a
, on behalf of the , ( ) who is personally known to me OR ( ) who
produced
as identification.
Notary Signature
Print Notary Name
NOTARY PUBLIC
State of Florida at Large
My Commission Expires:
H:\8022\18469\DAmendmenttoSubordinationAgreementAubumTraceCityDelrayRP Alrpa
4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER vrVl
SUBJECT: AGENDA ITEM # ct. Q - REGULAR MEETING OF DECEMBER 5.2006
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
DECEMBER 1,2006
Attached is the Report of Appealable Land Use Items for the period November 20, 2006 through
December 1, 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 COVER MEMOS\Appealable Agenda Memos\2006 Appealable Agenda Memos\apagmemo 120506.doc
c9f:;
~
FROM:
DAVID T. HARDEN, CITY MANAGER -;;1~ 7VI~
MARK MCDONNELL, ACTINtDI ECTOR OF PLANNING AND ZONING
JASMIN ALLEN, PLANNER4b/1vl1 ~
MEETING OF DECEMBER 5 2006 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 20, 2006 THRU
DECEMBER 1, 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 November 20, 2006 through December 1, 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 (3 to 1, Paul Zacks dissenting, Gary Eliopoulos, Nelson McDuffie and
Chuck Halberg absent), of City initiated amendments to the Land Development Regulations
(LDRs) which intend to clarify the current regulations, provide parameters, and define compatible
development within the historic districts. The amendments are primarily based on
recommendations provided by REG Architects, the consultants hired during the moratorium to
find resolutions to the recent concerns over the level and type of development affecting historic
preservation efforts within all five (5) of the City's historic districts.
· Recommended approval (4 to 0), of a privately initiated rezoning from GC (General Commercial)
to AC (Automotive Commercial) for the Ralph Buick Property, located at the northeast corner of
South Federal Highway and Fladell's Way.
· Recommended approval (4 to 0), of a City initiated amendment to the Land Development
Regulations repealing Section 4.6.7, "Signs", in its entirety and enacting a new Section 4.6.7,
"Signs", in order to provide a single, combined and updated sign code; and amending Appendix
"A", "Definitions", to provide updated definitions relating to signs.
City Commission Documentation
Appealable Items Meeting of December 5, 2006
· Recommended approval (4 to 0), of an amendment to the Land Development Regulations
Section 2.4.5 "Procedures for Obtaining Development Approvals" and Section 2.4.3(K) "Fees" to
create an application process for in-lieu of parking and public parking fee requests.
· Recommended approval (4 to 0), of a City initiated amendment to the Land Development
Regulations amending Section 1.3.8, "Reconstruction Necessitated by An Act of God", to add
provisions for the reconstruction of lawful nonconforming commercial structures damaged or
destroyed by an Act of God.
· Recommended approval (4 to 0), a City initiated amendments to the Land Development
Regulations enacting Section 4.3.3(DDD), "Day and Night Treatment with Community Housing"
to provide for regulation of these new housing arrangements defined in the Florida Administrative
Code, that provide housing only to individuals who are substance abuse impaired or in recovery;
adding "Day and Night Treatment with Community Housing" as a Conditional Use within the
General Commercial (GC), Central Business District (CBD), Professional and Office District
(POD), Residential Office (RO), Community Facilities (CF) and Old School Square Historic Arts
District (OSSHAD) zoning districts; amending Appendix "A", "Definitions", to provide a definition
for "Day and Night Treatment with Community Housing;"
· Tabled (4 to 0), a City initiated amendment to the Land Development Regulations enacting
Section 4.3.3 (XX), "Boarding and Rooming Houses" to clarify that Boarding and Rooming
Houses are prohibited within the City of Delray Beach.
· Recommended approval (4 to 0), of a City initiated amendment to the Land Development
Regulations amending Section 4.3.3(1), "Community Residential Homes and Group Homes" to
provide that a Type 1 group home shall not be located within 1,000 feet of another Type 1 group
home or a community residential home.
No Regular Meetings of the Site Plan Review and Appearance Board were held during this period.
No Regular Meetings of the Historic Preservation Board were held during this period.
By motion, receive and file this report.
2
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERtJl'1.
AGENDA ITEM # ~ . S - REGULAR MEETING OF DECEMBER 5. 2006
AWARD OF BIDS AND CONTRACTS
TO:
FROM:
DATE:
DECEMBER 1, 2006
This is before the City Commission to approve the award of the following bids:
1. Purchase award to DTC Communications, Inc. in the amount of $22,641.89 via the
GSA Contract #GS-03F-0010M for replacement of equipment for the Police
Department's Vice, Intelligence & Narcotics Section. Funding is available from
115-2112-521-64.90 (Machinery Equipment/Other Machinery/Equipment).
2. Bid award to J.c. White in the amount of $18,375.56 under State Contract #425-
001-06-1 for portable partitions to be used in the Community Center Gym for the
International Tennis Championships and other events. Funding is available from
001-4210-575-63.90 (General Fund/Other Improvements).
Recommend approval of the above bids and purchases.
S:\City Clerk\AGENDA COVER MEMOS\Bid Agenda Memos\2006 Bid Memos\BID Memo 120S06.doc
Delray Beach
Police Department
300 West Atlantic Avenue
Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
Joseph L. Schroeder
Chief of Police
MEMORANDUM
TO: David Harden
City Manager .-./
\~d"
FROM: Tina L. Lunsford ~
Administrative Officer
DATE: November 28, 2006
SUBJECT: AGENDA REOUEST
2004
DELRAY BEACH
F lOR I D ^
......
AII.America City
, III I!
1993
2001
Attached is an Agenda Request for the City> Commission meeting on December 5, 2006 to
approve the purchase of replacement covert equjpment used by the Police Department's V.LN.
(Vice, Intelligence, & Narcotics) Section.
Attached, please find three memorandutn& written: by Capt. Ralph Phillips and Sgt. Brady Myers.
These documents contain the justifications and approximate cost necessary to upgrade the severely
outdated covert electronic equipment.
Attached, you will find the updated quote from DTC Communications, Inc. for the first six items
listed in Sgt. Myers's memorandurri..> The remaining items will be purchased from a different vendor.
Chief Schroeder has approved the purchase using the Federal Forfeiture Funds. DTC
Communication&, Inc. holds the GSA Contract # GS-03F-0010M for the equipment. The total
purchase price delivered is $22,641.89.
Funding will be provided out of account #115-2112-521-64.90.
information, please contact me at ext. 7852.
Should you require further
TLL/rmh
Attachment
cc: Chief J.L. Schroeder
Lanelda Gaskins, Agenda Coordinator
Patsy Nadal, Sr. Buyer
Capt. Ralph Phillips
Serving with P.R.I.D.E.
Professionalism, Respect, Integrity, Diversity and Excellence
~
~I {lOll
I' \ 'Y
~ . s. t
~
DELRA Y BEACH POLICE DEPARTMENT
MEMORANDUM
TO:
Chief Joseph L. Schroeder
Captain Ralph J. Phillips, Jr. ~.
Investigative Division Commander
FROM:
DATE:
November 9, 2006
SUBJECT:
Covert Equipment Purchase
Attached please find two memorandums written by V.LN. Sergeant Brady Myers. These
documents contain the justifications and costs necessary to upgrade the severely outdated
covert electronic equipment maintained by the V.LN. section but potentially used by the
entire department.
It was opportune that you personally witnessed some of the technical difficulties the older
equipment posed to officers in the field this past week during a homicide investigation.
The ninety day quote Sgt. Myers obtained for the requested surveillance equipment
stands at $29,100.
'-'.)
The equipment cost to update the covert vehicle known as "The Platform" is $3,376. We
were also just informed that part of the camera periscope may need to be upgraded or
adapted in the future. This is yet to be determined for certain therefore it is not included
in this proposal. Budgeted monies could be used for that particular upgrade at a later
time if necessary
',:i
c)
The total upgrade cost for the equipment and the Platform totals: $32,476.
If you support conducting these upgrades at this time I will obtain the specific quotes
from the vendors and forward to Administrator Officer Tina Lunsford for placement on
the City Council's agenda.
..~
/J ;;( G[tY
trfrv<<Y;r
tJ~
~. IIII~\O{,
(2.r
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As always, your consideration is greatly appreciated.
,
.... ~
..-.;-...;;..
DTC COMMUNICATIONS, Inc.
486 Amherst St.
Nashua, NH 03063
(800) 233-8639 / (603) 880-4411
Fax (603) 880-6965
FROM: Frank Prioli
'[-;-r~..,
-)1 L;
TO: Brady Myers
Delray Beach Police Department
Narcotics
300 W. Atlantic Blvd
Delray Beach" FL 33444
Phone: 561-243-7883
Fax: 561-243-7806
DATE: 11/21/2006
QUOTE EXPIRES: 2/19/2007
QUOTE NUMBER: 00768
.
Part # DescriDtion Price Qtv Extend
Nextel TXF SLlM-VHF Nextel Slim Line Battery Concealment wllNCA TXF, $2,173.00 1 $2,173.00
VHF
T-2071-GD DISGUISE AUDIO TRANSMITTER $1,815.88 1 $1,815.88
* 500 mW Audio transmitter
* 10 Channels, factory programmable for:
- Frequency 150 -174MHz
- 2 MHz programming range
- Wideband/Narrowband
- AGC enabled/disabled
- Scrambler ON/OFF
* Channel select switch
* Powered by 9V battery
* NTIA compliant
* Specify frequencies
T-2350-SD ANALOG AUDIO TRANSMITTER W/ RECORDER $2,732.94 1 $2,732.94
* 500 mW power output
* 10 position rotary channeVmode switch
* User programmable
* Internal mini-SO card
* Downloads audio directly to a PC
* Internal/external mic
* Operates on 4 AAA Alkaline batteries
* SO Card and Card Reader
T AC COM-D P25 Tactical Repeater System - User Programmable $5,192.13 1 $5,192.13
MPX-800 MINIPIX DIVERSITY RECEIVER/RECORDER $7,995.00 1 $7,995.00
* Two Synthesized User-Programmable Receivers
packaged in a miniature Underwater Kinetics Case.
* Two Circular Polarized Antennas mounted in lid.
* VideoVoter automatically switches to bei:;t receiver at
over 15,000 times per secbnd'~
* Sony GVD-800 Recorder with 4" Color Monitor
* 250KHz programming intervals
* ACIDC/lnternal Rechargeable Battery
* 20" Expandable Trolley Suitcase, Navy
R-MMD1-X Minimate-D Receiver w/mini-SD $2,732.94 1 $2,732.94
Part # . Description Price Qty Extend
GSA Contract # GS-03F-001 OM Pricing Applies.
Terms and Conditions:
Prices: Listed in U.S. Dollars
Quote: Valid for 30 days
Warranty: 2 year warranty from date of purchase for electronic parts and workmanship,
unless otherwise specified.
Shipping: FOB Shipping Point
FED 10 No. 02-04941955
***PLEASE INCLUDE FREQUENCIES WHEN ORDERING IF APPLlCABLE***
TOTAL:
$22,641.89
Date: November 28. 2006
AGENDA ITEM NUMBER:
AGENDA REQUEST
g.s.'
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda::<~ Special Agenda
When: December 5, 2006
Description of agenda item (who, what, where, how mucl;t):
The Police Department wants to upgrade the currently outdatea.~.overtequipment used by
VIN (Vice, Intelligence, & Narcotics) Section for undercoverinvesttgations. The equipment
being replaced is eight to ten years old and does not always operat~properly.
e.,'__ ',.,
^'-,-/. ,
",". .. "
DTC Communications, Inc. is the selected vendor as tb.~hol(b:he GSA Contract #GS-03F-
0010M on the equipment at a total cost of $22,641.89. Funding will be provided out of the
115-2112-521-64.90 account.
Department ~ ~
Signature: W'I d;(~ /;;"""tikKk,:';+
City Attorney Review /ReCOlUglendatj()n (if applicable):
Budget Di~r ~iew.(.r....~. q.~;.')!'" all. i.terns involving expenditure of funds):
Funmng Av:ulab\e;. ~o Imtlals: {A:;t
Account Number
115-2112-521-64.90
Description Other Mach.lEquipment
... Account Balance:
FUrlaing Alternatives: (if applicable)
City Manager Review:
Approved for Agenda:S) / No Initials: ~
Hold Until:
Agenda Coordinator Review:
Received:
[IT' DF DELRA' BEA[H
DElRAY BEACH
r lOR I II A
tra&II
AII.America City
, III I!
1993
2001
100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~ Robert A. Barcinski, Assistant City Manager
DATE: November 28,2006
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
DECEMBER 5.2006. BID AWARD - GYM PARTITIONS
ACTION:
City Commission is requested to approve a bid award to J.C. White in the amount of
$18,375.56 under State Contract #425-001-06-1 for portable partitions to be used in the
Community Center Gym for the International Tennis Championships and other events.
Funding is available in account 001-4210-575-63.90.
BACKGROUND:
At your workshop in November, Commission agreed to the purchase of portable
partitions to be used for the International Tennis Tournament and other events in the
gym. Our staff and John Butler have been working with J.e. White to finalize the
partition layout for the gym which is attached. We have agreed on a vinyl covered
partition. Price quote per State Contract is attached. We have been assured that we can
receive these partitions for installation prior to the event.
RECOMMENDATION:
Staff recommends approval of a bid award to J.C. White under State Contract #425-001-
06-1 in the amount of$18,375.56 for portable partitions. Funding is available in account
001-4210-575-63.90.
RAB/ags
Attachments
File: Gym Partitions December 5, 2006
* Printed on R9Cycled Paper
THE EFFORT ALWAYS MATTERS
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Oct-IS-06 09:58am From- Match Point
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+5613306001
T-091 P.001/003 F-503
DELRAY BEACH
INTERNA TIONAL TENNIS
CHAI\/1PIONSHIPS
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TO:
Bob Barcinski
Amanda Solomon
Sharon Painter
John Butler
October 18, 2007
Gym partitions
FROM:
DATE:
RE:
Please find JC White's revised proposal attachecl. They have removed the interior walls in the
large area as requested while retaining the secure areas for A TP and the stringers. This reduced
the price to $18,375.56, including initial set-up. For JC White staff to assist with future set-up and
breakdown, they charge $45/hour per man.
2 pages to follow
so NOi=lTI-t\NeST 1 ST AVENue OIiiI..RAY eeACI-I, FL.ORIDA 3:3444
OFI'OICE: eS1.330.BOOO VELL.CWTEINNISElA.I.L.COM FAX: 561.330.6001
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CITY OF DELRAY BEACH
TENNIS EVENT PANELS
Oct-lB-06 09:5Bam From- Match Point
+561aa06001
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CITY OF DElAAY BEACH PARI(S S Rae EVENT PANELS
EVENT PANEl$.2.slf
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1 HAW 54 7~I..oso1 TILe GRIPPERS 1.41 >6.14
.2 HAW 4
- ---.---- ---- ------.----------
E0S-4280-BHL
SINGLE DOOR SOLID 42" X 80"
548.35
2193.40
3 HAW 2
--- --'---.--- --- -.--.---.------.--
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DUPLEX RECEPTACLEs (BOX OF 6)
34.50
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TOP FEED MODULE 50" FOR PANEL
HEIGHT 8211
96.72
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DELIVERV' AND INSTALLATION M-F 9:00-
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2100.00
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Tatal Oust:
$18,375.58
J. C. \M1ite Office Fumilure(JM)
paee 10f 1
AGENDA ITEM NUMBER:
<6.s 2
AGENDA REQUEST
Date: 11 / 2 8 / 0 6
Request to be placed on:
X Consent Agenda
Special Agenda
Workshop Agenda
When:
December 5, 2006
Description of agenda item: Bid Award - Gym Partitions from .T _ C _ Wh i te
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
(/
Recommendation:
A.P/L-Lf) uo.-P
Department Head Signature:
~/J i61~ JI/?i/oh
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of fUndS)j?
Funding available: Ves 1f) No
Funding alternatives (if applicable):
Account Number:
5'~(U'I'
001-4210~-63.90
(}#U IfXjJl7JV~-S .
~ ) Z5J :3 7 f" LV /h &../1<L sA./
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
@
1
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
fJS;
RESOLUTION NO. 73-06
A RESOLUTION OF THE CITI COMMISSION OF THE CITI OF DELRA Y BEACH,
SUPPORTING AND ENDORSING THE PRINCIPLES OF HOME RULE AND
ADOPTING THE POLICIES SET FORTH BELOW TO SUPPPORT THE PREMISE THAT
THE CITI SHOULD HAVE THE AUTHORITI TO GOVERN WITHIN ITS
JURISDICTION; FURTHER PROVIDING THAT SUCH AUTHORITI SHOULD NOT BE
ERODED;PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, Chapter 166, Florida Statutes, en tided "Municipalities" and known as the "Municipal Home
Rule Powers Act" provides a broad grant of authority to all municipalities to enable them to exercise any power
for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Section 2(b), Article VIII, State Constitution, protects the rights of municipal government
by means of language which reads as follows:
Municipalities shall have the governmental, corporate, and proprietary powers to
enable them to conduct municipal government, perform municipal functions and
render municipal services, and may exercise any power for municipal purposes,
except as otherwise provided by law; and
WHEREAS, the legislature recognizes that, pursuant to the grant of power set forth in Section 2(b),
Article VIII, State Constitution, the legislative body of each municipality has the power to enact legislation
concerning any subject matter upon which the state legislature may act except for those subjects specifically listed
at Section 166.021 (3) (a)-(d); and
WHEREAS, municipalities are voluntary forms of government and would not exist if communities had
not organized and held special elections in order to create the local form of government; and
WHEREAS, Residents in a community decide to incorporate in order to govern themselves and to gain a
greater degree of control over issues that impact their quality of life and property interests direcdy; and
WHEREAS, municipalities represent the form of government which is closest to the people and
therefore many people expressly choose to live within municipalities in order that their ideas may be heard on a
more personal basis; and
WHEREAS, a similar resolution was adopted by the Palm Beach County League of Cities, Inc. on
November 22, 2006; and
~.~
WHEREAS, the City of Delray Beach desires to preserve this unique responsive form of government,
wishes to support the Palm Beach County League of Cities, Inc. and believes it to be in the best interests of its
citizens to adopt this Resolution formally stating its position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1: The City of Delray Beach believes that when issues are in conflict between Palm Beach
County and a municipality or several municipalities, such conflict should be resolved by the following:
A. Approval by the governing body of the municipality or municipalities affected;
or
B.
Approval by a majority of the electors within the County and a majority of the
electors within the affected municipality or municipalities.
The City of Delray Beach hereby adopts the above stated policy.
Section 2:
Section 3: The City Clerk is hereby directed to forward this resolution to the Board of County
Commissioners, the Palm Beach County Administrator, the Palm Beach County League of Cities, Inc. and the
State Senators and Representatives elected from the jurisdiction of the City of Delray Beach.
Section 4:
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this 5th day of December, 2006.
A TIEST:
MAYOR
CITY CLERK
2
RES. NO. 73-06
ffJ1
TO: DAVID T. HARDEN, CITY MANAGER
THRU:
FROM:
, DIREC1't~
, ~I
AMY E. AL
SUBJECT: MEETING OF DECEMBER 5, 2006
APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION FOR
PARTIAL DEMOLITION AND NEW CONSTRUCTION AT 711 NORTH
SWINTON AVENUE LOCATED IN THE DEL-IDA PARK HISTORIC DISTRICT.
The action requested by the City Commission at its November 21, 2006 meeting is the appeal of the
Historic Preservation Board's (HPB) decision made on November 15, 2006. The HPB approved a
Certificate of Appropriateness (COA) for a non-contributing property located at 711 North Swinton
Avenue based on a finding that the request was consistent with the Comprehensive Plan and met
the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation
Designed Guidelines, and the Secretary of the Interior's Standards for Rehabilitation.
In December 2005, the property owner of 711 North Swinton Avenue submitted a COA
application for the partial demolition of a structure built in 1962 and construction of a two-story
addition with attached two-car garage located on the front elevation, facing North Swinton
Avenue. The application was reviewed by the Historic Preservation Board on January 18, 2006
at which time the application was continued with the direction to scale down the addition and
relocate the garage, in order to step it back from the front fa<;ade, or to place the garage further
back on the property as a detached structure. The applicant subsequently revised the proposal
and the application was reviewed by the HPB for a second time on March 1, 2006, at which time
it was approved with conditions. The approved development proposal included the retention of
approximately 800 square feet of the existing structure and construction of a 3,475 square foot,
two-story addition including the two-car garage located to the rear on the north elevation. The
aforementioned square footages totaling 4,275 square feet were either noted on the submitted
plans or through correspondence with the project architect and Staff. The decision was
appealed to the City Commission at its April 4,2006 meeting, where the appeal was upheld and
the approval overturned, denying the COA request.
On April 18, 2006, the City Commission implemented a six-month moratorium on new
development applications within the city's five (5) historic districts. The moratorium was the
result of a number of incompatible proposals being submitted for HPB review. As a result of the
consultant's research conducted during the moratorium, there are numerous proposed revisions
to the Land Development Regulations which primarily focus on an objective way to make
positive findings with respect to compatibility. Upon expiration of the moratorium, the subject
property owner submitted a new COA application which included revised plans attempting to
comply with the proposed LDR amendments and Delray Beach Historic Preservation Design
Guideline revisions drafted at the time of submittal.
q.A
City Commission Documentation, Page 2
Meeting of December 5, 2006
Appeal of HPB Action - 711 North Swinton Avenue, Del-Ida Park Historic District
Analvsis Under Existina LDRs and Guidelines At Time of Application Submittal:
The revised application proposed to salvage a portion of the existing structure and construct a
two-story addition to the rear, bringing the total square footage to approximately 3,596. The
table below compares the existing structure, the appealed application from April 2006, and the
currently appealed application, with respect to total square footage, lot coverage, floor area, and
two floor area ratio calculations. It should be noted that upon further review of COA 2006-066, it
was found that the previously provided information regarding square footage was incorrect. The
new calculations have been provided and are reflected in the table below:
Previous Current COA: Surrounding Averaae
Existing COA:
2006-066* 2007 -020 within Del-Ida Park***
Total Square Footage 1,946 5,069 3,596 1959
Lot Coverage 19% 32% 27% 23%
Floor Area Ratio-Total** 19% 51% 36% 23%
* Calculations vary from submitted Site Plan reviewed for Staff Report Dated March 1, 2006.
** Consists of all floor area within all covered porches, the garage, and interior spaces.
*"* Sample area consists of 9 developed properties surrounding subject property (See Attached Map).
Staff recommended that the application be continued with the direction noted throughout the
Staff Report dated November 15, 2006, as positive findings could not be made. LDR Section
4.5.1 (E)(8)(a-k) requires that all improvements to buildings, structures, and appurtenances shall
be compatible, both visually and in terms of mass and scale. Compatibility shall be determined
in terms of height, front fa<;:ade proportion, proportion of openings (windows and doors), rhythm
of solids to voids on front facades, rhythm of buildings on streets, rhythm of entrance and/or
porch projections, relationship of materials, texture and color, roof shapes, walls of continuity,
scale of building, directional expression of front elevation. The following criterion have not been
met:
(a) Heiaht: The height of proposed buildings or modifications shall be visually compatible in
comparison or relation to the height of existing structures and buildings. The height of
the subject application is within the maximum allowed height requirement of thirty-five
feet (35'). However, when looking solely at the historic building stock in the Del-Ida Park
Historic District, it contains a larger and more massive appearance, as the district is
predominately made up of one-story structures. All structures located on abutting
properties are one-story. In the immediate surrounding area of the subject historic
district, the only two-story structures found are new construction and are considered infill
development, as opposed to the historical development within Del-Ida Park. Therefore,
the subject application is not visually compatible with respect to height. However,
should a two-story component be approved, it should be scaled down to appear less
massive. This may be achieved by breaking up the second-story wall and roof planes,
and reducing the roof pitch to 4/12.
(b) Front Facade Proportion: The front facade of each building or structure shall be visually
compatible with and in direct relationship to the width of the building and to the height of
the front elevation of other adjacent or adjoining buildings within a historic district. The
subject application proposes a front elevation width of fifty-nine feet, six inches (59'6")
City Commission Documentation, Page 3
Meeting of December 5, 2006
Appeal of HPB Action - 711 North Swinton Avenue, Del-Ida Park Historic District
and a height of twenty-four feet, six inches (24'6"). The width of the structure does not
appear to be problematic with respect to compatibility as it contains a predominantly
one-story fa<;ade. While the two-story element has been stepped back approximately
twenty-five feet (25') from the front setback line the overall height, as previously noted,
exceeds that of the surrounding historic building stock, as they are predominantly one-
story.
(c) ProDortion of DDeninas (Windows and Doors): The openings of any building within a
historic district shall be visually compatible with the openings exemplified by the
prevailing historic architectural styles within the district. The relationship of the width of
windows and doors to the height of windows and doors among buildings within the
district shall be visually compatible. When comparing the subject application to the
historic building stock within the Del-Ida Park Historic District, visual compatibility
cannot be found with respect to the openings of windows and doors due to the
location of the garage door and the lack of a specified front door. The garage door would
not be located in front of the main entryway, nor towards the front of the property,
providing a predominant appearance along the streetscape. This may be true, however,
of some non-contributing structures within the Del-Ida Park Historic District that contain a
garage or carport, such as those of the ranch or contemporary styles.
(f) Rhvthm of Entrance and/or Porch Proiections: The relationship of entrances and porch
projections to the sidewalks of a building shall be visually compatible with the prevalent
architectural styles of entrances and porch projections on historic sites, buildings, and
structures within a historic district. As previously discussed, the proposed additions and
alterations to the existing structure contain an attached single-car garage located at the
front of the property and in front of the wall-plane containing the main entryway. The
garage door, while not on the main elevation which faces North Swinton Avenue, is
highly visible from North Swinton Avenue, particularly when traveling south. This
element is not typical of the historic development within Del-Ida Park, and is
therefore inappropriate and non-compatible, as it would be more consistent within
the context of a new development containing no historical context. Therefore, the garage
component should be located to the rear of the property, where its visibility from the
streetscape is minimal.
(h) Roof ShaDes: The roof shape of a building or structure shall be visually compatible with
the roof shape of a historic site, building, or structure within a historic district. While the
roof shapes of the proposed application are compatible (hip and gable), further
compatibility could be found if the roof pitch were reduced to 4/12, as the roof pitch of
the existing/retained structure is 4/12.
U) Scale of a BuildinQ: The size of a building, the building mass in relation to open spaces,
windows, door openings, balconies, and porches shall be visually compatible with the
building size and building mass of historic sites, buildings, and structures within a historic
district. The size of the proposed application appears to be out of scale with the
surrounding historic building stock within the subject historic district. While there
are no current restrictions within the historic districts based on floor area ratio, square
footage, or lot coverage, the calculations (see table above) show that the proposed
application exceeds the average of the surrounding sample area. In addition and as
previously noted, the second-story, particularly on the south elevation, appears to be
massive and out of scale for the Del-Ida Park Historic District. The square footage also
City Commission Documentation, Page 4
Meeting of December 5, 2006
Appeal of HPB Action - 711 North Swinton Avenue, Del-Ida Park Historic District
substantially exceeds what would be allowed under the aforementioned LDR
amendments, as discussed below.
(k) Directional Exoression of Front Elevation: A building shall be visually compatible with
the buildings, structures, and sites in its directional character, whether vertical,
horizontal, or nondirectional. The location of the garage door does not provide visual
compatibility with respect to the directional expression of the front elevation.
These elements are typically minimally visible from the streetscape and should be
located behind the principal structure when detached, or located to the rear of the
property, when attached. The subject garage element is located within the foremost wall
plane and is highly visible from North Swinton Avenue.
The Delray Beach Historic Preservation Design Guidelines suggest the following which apply
with respect to the subject application:
. Locate an addition as inconspicuously as possible, usually to the rear or least public side
of a building. The proposed addition has been located to the rear of the foremost wall-
plane of the existing structure. However, the additional height does not allow it to be
inconspicuous.
. For buildings where additional height is allowed, stepping back the upper stories may
help to minimize the difference as viewed from the street. The second-story portion has
been setback approximately twenty feet (20') from the foremost wall-plane.
. In a historic district, consider the surrounding buildings and the compatibility of the
addition in terms of size, scale, materials, mass and roof form. As previously discussed,
the subject application is not compatible in terms of size, scale, mass and roof form.
. The height of any new building should be similar to those of other buildings along the
streetscape. The height of the proposed application is larger than those along the North
Swinton Avenue streetscape and located within the Del-Ida Park Historic District.
. The new construction should be compatible with the width of the surrounding buildings.
The width of the proposed application is acceptable.
. The relationship of new construction adjacent to significant historic resources can either
enhance or detract from the historic setting of the district. The proposed application
would detract from the historic setting of the Del-Ida Park Historic District due to
its lack of visual compatibility.
. The character of the massing should be compatible with the surrounding buildings. The
proposed massing is larger than that of the surrounding buildings.
In addition to the above noted LDRs and design guidelines, the subject application is not in
compliance with LDR Section 4.6.9(C)(2)(a) which requires two parking spaces per single family
detached residence and that no required parking space may be located in a required front or
street side setback. The required front setback for the subject property is thirty-feet (30'). The
existing structure, where the garage is proposed to be located, is situated thirty-five feet (35')
from the front property line. To the east of the garage, the applicant proposes a second parking
space, which is located nine feet, six inches (9'6") within the front setback. This configuration
must be revised or a waiver shall be sought, which could be avoided with the relocation of the
garage. However, it is not foreseeable that the waiver could be provided, as the application is
primarily new development and, therefore, the applicant should be able to comply with the
required LDRs.
City Commission Documentation, Page 5
Meeting of December 5, 2006
Appeal of HPB Action - 711 North Swinton Avenue, Del-Ida Park Historic District
Analysis Under Proposed LOR Amendments (For Informational Purposes Only):
At the Planning and Zoning Board meeting of November 20, 2006, the Board made a
recommendation to the City Commission to approve the pending LDR amendments applied to
the review of all applications within the city's five (5) historic districts. When reviewed against
those pending amendments, the subject application does not comply as shown below:
1) Survey Area: As determined by Staff to be 721 North Swinton Avenue, 701 North
Swinton Avenue, 5 NE ih Street, 17 NE ih Street, 14 George Bush Blvd., 605 North
Swinton Avenue, 10 North Swinton Avenue, 14 North Swinton Avenue, and 18 North
Swinton Avenue. See attachments for further analysis.
2) Garaqes and Carports: Application does not comply with the proposed amendments
requiring that the garage frontage shall not vary more than 10% from the average
garage frontage and that the orientation shall be consistent with the majority of such
structures within the survey area. In addition, the amendment requires that, where
possible, garages and carports shall be oriented and entered from the side or rear of
the infill home and out of view from the public right of way. The proposed garage,
while it may not front North Swinton Avenue, is highly visible, particularly when
traveling south, as it is the foremost feature of the structure. The orientation is not
consistent with the structures within the survey area. Further, while oriented to be
entered from the side, again, it is located within the foremost wall plane of the
structure, making it the dominant feature and most visible from North Swinton
Avenue. The garage has been placed within the existing structure, while the addition
is new construction, allowing for the placement of the garage to be revised and
moved to the rear of the property.
3) Parkinq: Recommended to be located adjacent to the building or to the rear. The
proposed parking is located directly in front of the structure.
4) Heiqht: Application does not appear to comply with the requirement that infill
development measures no more than five feet (5') above the average roof height
within the survey area. While those heights are not available, the average number of
stories within the survey area is one, and therefore, it can be presumed that the
height exceeds the aforementioned requirement.
(a) Buildinq Heiqht Plane: Application complies with the proposed 2:1 ratio.
(b) First Floor Maximum Heiqht: Application complies with the maximum 14'
mean roof height for one-story elements, providing a total one-story roof
height of 14'.
(c) Upper Floor Setbacks: Application complies with the requirement to provide
an additional 5' setback from the property line of upper-story elements on
side elevations.
(d) Number of Stories: Application complies with the proposed requirement. The
average number of stories within the survey area is 1. The proposed LDR
amendments require that all infill development be within half a story of the
average number of stories. The subject application contains both one and
two story elements and is, therefore, considered a one and a half story
structure.
5) Roof Shape: The majority of roof shapes within the survey area are hip and parallel
to the street. The subject application contains both gable and hip roof types, with the
foremost portion being parallel to the street while the rear-ell extends perpendicular
to the street.
6) Scale of a Buildinq - Anqle of Vision: Application complies with the required angle
calculations.
City Commission Documentation, Page 6
Meeting of December 5, 2006
Appeal of HPB Action - 711 North Swinton Avenue, Del-Ida Park Historic District
7) Directional Expression of Front Elevation: Application complies with the requirement
for infill development as all principal structures within the survey area face and are
parallel to the street, similar to that of the subject application.
8) Square Footaoe: The subject application does not comply with the proposed LDR
amendments which require that all infill development not exceed by more than 25%
the average square footage (under air) within the survey area. The average square
footage is 1,562. Therefore, the subject application should not exceed 1,953 square
feet; whereas it contains approximately 2,911 square feet under air.
The analysis of the proposal as reviewed by the Historic Preservation Board at its meeting of
November 15, 2006 is provided in the attached Staff Report.
The Board followed the established quasi-judicial procedures in considering the project. The
applicant offered testimony in support of the development proposal. Staff noted that the
development was not visually compatible within the Del-Ida Park Historic District.
Following a discussion regarding the proposal, the Board felt the applicant had significantly
revised the proposal from the original review and voted 5-0 to approve the COA request with the
following conditions:
1. That a front door is specified and a front porch feature added through Staff review;
2. That windows are added to the second-story west elevation;
3. That the landscape technical items are complied with prior to COA certification;
4. That the north elevation, second-story roof plane is corrected;
5. That the chimney is properly depicted, and;
6. That no required parking spaces are located within the front setback or that a waiver
request is submitted if necessary.
On November 21, 2006, the City Commission requested that this item be removed from the
Consent Agenda. At this meeting, the Commission, by a vote of 3-2, approved to appeal the
HPB's decision at their next meeting of December 5, 2006.
The relief being sought is that the approval of the COA be reversed and the owner be required
to resubmit a proposal which would comply with the LDRs and the Delray Beach Historic
Preservation Design Guidelines.
Approve the appeal, thereby reversing the Historic Preservation Board's approval and requiring
the submittal of a revised proposal which would comply with the LDRs and the Delray Beach
Historic Preservation Design Guidelines.
Attachments:
· Historic Preservation Board Memorandum Staff Report of November 15, 2006
· Historic Preservation Board Memorandum Staff Report Addendum of November 15, 2006
· Survey Area Map
· Survey Area Analysis
· Survey Area Photographs
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
CITY OF DELRA Y BEACH,
Appellant( s),
vs.
DAVID ROSENBOM,
Appellee.
/
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1 . This appeal of the approval of a Certificate of Appropriateness for partial
demolition and new construction has come before the City Commission on December
5, 2006.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the certificate of
appropriateness for partial demolition and new construction. All of the evidence is part
of the record in this case. Required findings are made in accordance with Subsections
I, II and III.
I. LOR REQUIREMENTS
a. LOR Section 4.5.1 (E)(4), 4.5.1 (E)(7) and 4.5.1 (E)(8)(a-k), "Development
Standards" provides guidelines in evaluating Certificates of Appropriateness for the
alteration or addition of exterior architectural features. The guidelines are as follows:
(E)(4) A historic site, or building, structure, site improvement, or appurtenance
within a historic district shall be altered, restored, preserved, repaired,
relocated, demolished, or otherwise changed in accordance with the
Secretary of Interior's Standards for Rehabilitation, as amended from time
to time.
(E)(7) The construction of new buildings or structures, or the relocation,
alteration, reconstruction, or major repair or maintenance of a non-
contributing building or structure within a designated historic district shall
meet the same compatibility standards as any material change in the
exterior appearance of an existing non-contributing building. Any material
change in the exterior appearance of any existing non-contributing
building, structure, or appurtenance in a designated historic district shall
be generally compatible with the form, proportion, mass, configuration,
building material, texture, color, and location of historic buildings,
structures, or sites adjoining or reasonably approximate to the non-
contributing building, structure, or site.
(E)(8) All improvements to buildings, structures, and appurtenances shall be
visually compatible. Visual compatibility shall be determined in terms of
height, front fac;ade proportion, proportion of openings (windows and
doors), rhythm of solids to voids on front facades, rhythm of buildings on
streets, rhythm of entrance and/or porch projections, relations of
materials, texture and color, roof shapes, walls of continuity, scale of
building, directional expression of front elevation.
(a) Heiaht: The height of proposed buildings or modifications shall be
visually compatible in comparison or relation to the height of
existing structures and buildings.
Is this met?
Yes No
(b) Front Facade Proportion: The front fac;ade of each building or
structure shall be visually compatible with and in direct relationship
to the width of the building and to the height of the front elevation of
other adjacent or adjoining buildings within a historic district.
Is this met?
Yes No
2
(c) Proportion of Openinas (Windows and Doors): The openings of
any building within a historic district shall be visually compatible
with the openings exemplified by the prevailing historic architectural
styles within the district. The relationship of the width of windows
and doors to the height of windows and doors among buildings
within the district shall be visually compatible.
Is this met?
Yes No
(f) Rhythm of Entrance and/or Porch Proiections: The relationship
of entrances and porch projections to the sidewalks of a building
shall be visually compatible with the prevalent architectural styles of
entrances and porch projections on historic sites, buildings and
structures within a historic district.
Is this met?
Yes No
(h) Roof Shapes: The roof shape of a building or structure shall be
visually compatible with the roof shape of a historic site, building or
structure within a historic district.
Is this met?
Yes No
U) Scale of a Buildina: The size of a building, the building mass in
relation to open spaces, windows, door openings, balconies, and
porches shall be visually compatible with the building size and the
building mass of historic sites, buildings, and structures within a
historic district.
Is this met?
Yes No
3
(k) Directional Expression of Front Elevation: A building shall be
visually compatible with the buildings, structures, and sites in its
directional character, whether vertical, horizontal, or nondirectional.
Is this met?
Yes
No
b. LDR Section 4.6.9(C)(2)(a) requires two parking spaces per single family
residence that may not be located in a required front setback.
Is this requirement met?
Yes No
Have the overall objectives of the LDR's been met?
Yes No
II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES:
The Delray Beach Historic Preservation Design Guidelines suggest the following which
apply with respect to the subject application:
. Locate an addition as inconspicuously as possible, usually to the rear or least public side
of a building. The proposed addition has been located to the rear of the foremost wall-
plane of the existing structure. However, the additional height does not allow it to be
inconspicuous.
. For buildings where additional height is allowed, stepping back the upper stories may
help to minimize the difference as viewed from the street. The second-story portion has
been setback approximately twenty feet (20') from the foremost wall-plane.
. In a historic district, consider the surrounding buildings and the compatibility of the
addition in terms of size, scale, materials, mass and roof form. As previously discussed,
the subject application is not compatible in terms of size, scale, mass and roof form.
. The height of any new building should be similar to those of other buildings along the
streetscape. The height of the proposed application is larger than those along the North
Swinton Avenue streetscape and located within the Del-Ida Park Historic District.
. The new construction should be compatible with the width of the surrounding buildings.
The width of the proposed application does not appear to be problematic.
. The relationship of new construction adjacent to significant historic resources can either
enhance or detract from the historic setting of the district. The proposed application
would detract from the historic setting of the Del-Ida Park Historic District due to its lack
of visual compatibility.
. The character of the massing should be compatible with the surrounding buildings. The
proposed massing is larger than that of the surrounding buildings.
4
Have the overall objectives of the Delray Beach Historic Preservation Design
Guidelines been met?
Yes
No
III. THE SECRETARY OF THE
REHABILITATION:
INTERIOR'S STANDARDS FOR
The Secretary of the Interior's Standards for Rehabilitation recommend:
· New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be
compatible with the massing, size, scale, and architectural features
to protect the historic integrity of the property and its environment.
· New additions and adjacent or related new construction shall be
undertaken in such a manner that if removed in the future, the
essential form and integrity of the historic property and its
environment would be unimpaired.
Have the overall objectives of the Secretary of the Interior's Standards for
Rehabilitation been met?
Yes
No
3. The City Commission has applied the LOR requirements in existence at
the time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves _
denies _ the appeal and hereby adopts this Order this
day of December 5,
2006, by a vote of
in favor and
opposed.
5
ATTEST:
Chevelle Nubin
City Clerk
Jeff Perlman, Mayor
6
DILRAY BrACH
~~'A'~ti
'Iiir
DURAY BrACH
~
'Iiil:
1993
100l
199]
1001
Property Owner:
David Rosenbom
Authorized Agent: Harold Tuttle
Property Address: 711 North Swinton Avenue, Del-Ida Park Historic District
HPB Meeting Date: November 15, 2006
COA: 2007-020
The item before the Board is the consideration of a Certificate of Appropriateness associated with
a partial demolition and major additions and alterations to a non-contributing structure at 711 North
Swinton Avenue, Del-Ida Park Historic District, pursuant to LOR Section 2.4.6(H).
The subject property consists of Del-Ida Park, South 35 Feet of Lot 2 & North 45 Feet of Lot 3,
Block 1 and is located on the east side of North Swinton Avenue between NE th Street and NE 8th
Street (George Bush Blvd.). The property, zoned R-1-AA (Single Family Residential), contains a
non-contributing, one-story, ranch-style single family dwelling constructed in 1962.
In December 2005, a Certificate of Appropriateness was submitted for a partial demolition and
major additions and alterations of the existing structure which was subsequently reviewed by the
HPB at its January 18, 2006 meeting. Upon review, the Board approved the partial demolition and
continued the major additions and alterations portion of the COA with the direction that the overall
design be modified to keep the scale and massing to a minimum, that the rear-ell be broken up in
wall plane and roofline, with additional minors details to be revised, as well.
The applicant then submitted revised plans which were reviewed by the Board at its meeting of
March 1, 2006 and approved with multiple conditions which related to the details of the elevations
and site plan, but not the scale and massing.
The Board's approval of the aforementioned application was appealed to the City Commission at
its meeting of April 4, 2006. The City Commission upheld the appeal which overturned the Board's
approval, resulting in a denial of the COA. This decision was based on the application's failure to
comply with LOR Section 4.5.1 (E)(8)(b-k) stating that the overall objectives of the LDRs had not
been met, and failure to meet the overall objectives of the Delray Beach Historic Preservation
Design Guidelines and the Secretary of the Interiors Standards for Rehabilitation.
On April 18, 2006, the City Commission implemented a six-month moratorium in response to
concerns over the level and type of development affecting historic preservation efforts within all five
(5) of the City's historic districts. As a result, there are LOR amendments going through the
process of being adopted by the City Commission, as well as a revised guidebook. Those
amendments contain formulas to allow objective review of new development proposals within the
historic districts, which have been taken into consideration by the subject application.
In September and October 2006, the applicant met with the Historic Preservation Planner on at
least two occasions in preparation to submit a new COA application and revised plans. During
those meetings, the aforementioned formulas were applied to the preliminary plans based on
('i 1 North Swinton !\venue COA :20D7Jj20
HP8 Meehnp 0' November 15, :2006
numbers provided by the applicant. It should be noted that those plans were not to scale and were
a result of cutting and pasting as a way to look at overall massing. In addition, it was repeatedly
conveyed to the applicant that the second story massing be minimized and setback, and the floor
area ratio (FAR) reduced to provide a compatible proposal. In October 2006, the applicant
submitted the subject application and pointed out additional revisions which had not been
previously reviewed at the aforementioned meetings with the Historic Preservation Planner.
The existing structure consists of approximately 1946 total square feet (under roof), including the
carport and rear screened patio. The applicant proposes the following modifications to the one-
story dwelling:
. Retention of approximately 1,127 total square feet of the existing structure;
. Construction of a 2,535 total square foot, two-story addition (1,861 square feet under air,
423 square foot single-car garage, 251 square feet of covered porches );
. Site Plan with associated landscaping improvements noted, and;
. Overall color scheme.
The property at 711 North Swinton Avenue measures eighty feet (80') in width at the front and
back property lines and one-hundred, twenty-five feet (125') along each side calculating the total
lot size to 10,000 square feet. The existing structure contains approximately 1,946 square feet
including a carport, screened patio, and shed; the application proposes to retain approximately
1,127 square feet. Within the required setbacks of the lot, the structure is situated thirty feet (30')
from the front property line, and ten feet (10') from the two side interior and rear lines. The
proposed major additions and alterations to the property would bring the total square footage to
approximately 3,662 square feet including the single-car garage and all covered porches. The
building footprint calculates to approximately 2,892 square feet providing a lot coverage of
approximately twenty-nine percent (29%).
From review of the exterior elevations, the structure will be transformed into the Vernacular style,
with Hardi-plank used as the exterior surface treatment. The height of the building would increase,
due to the second story addition, to approximately twenty-four feet (24') to the roof peak, and the
overall width on the front elevation would increase from the existing forty-six feet (46') to fifty-nine
feet (59'): two portions containing twenty-four feet (24') and thirty-five feet (35') make up the
elevation and are broken up by a depth of approximately fifteen feet (15') between the wall planes.
Within the aforementioned fifteen foot (15') depth, the wall plane, which faces north, contains a
single-car garage door. A concrete paver driveway extends from North Swinton Avenue and
curves into the garage.
Ficus hedges at a height of six feet (6') either currently exist or will be planted along the front, side
(south) and rear property lines. An existing six foot high (6') wooden fence has been noted along
the north property line along with an existing four foot high (4') chain-link fence along the rear
property line. The applicant proposes to install a four foot high (4') black, vinyl coated chain link
fence along the south property line spanning from the rear to line up with the front edge of the
structure. A white, four foot high (4'), wood picket fence containing a gate will span between the
ficus hedges and the structure on each side.
The proposed new color scheme is a cream color for the body with a deeper golden color for the
trim. All doors and windows would be white, and the paneled, metal garage doors would appear to
be a brown, wood color.
2/7
i Nmth Swmton Avcnue CO,A 2G07-0;W
HPB rv1~,etin9 of Novomber 5, 2006
(Note - All LDRs and recommendations referred to from the Delray Beach Historic Preservation Design
Guidelines have been cited as they presently exist, unless stated otherwise per the proposed amendments
and revisions, which have not yet been adopted by the City Commission and are subject to change.)
LOR Section 4.5.1 (E)(4), 4.5.1 (E)(7) and 4.5.1 (E)(8)(a-k), "Development Standards" provides
guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior
architectural features. The guidelines are as follows:
(E)(4) A historic site, or building, structure, site improvement, or appurtenance within a historic
district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise
changed in accordance with the Secretary of Interior's Standards for Rehabilitation, as
amended from time to time.
(E)(7) The construction of new buildings or structures, or the relocation, alteration, reconstruction,
or major repair or maintenance of a non-contributing building or structure within a
designated historic district shall meet the same compatibility standards as any material
change in the exterior appearance of an existing non-contributing building. Any material
change in the exterior appearance of any existing non-contributing building, structure, or
appurtenance in a designated historic district shall be generally compatible with the form,
proportion, mass, configuration, building material, texture, color, and location of historic
buildings, structures, or sites adjoining or reasonably approximate to the non-contributing
building, structure, or site.
(E)(8) All improvements to buildings, structures, and appurtenances shall be visually compatible.
Visual compatibility shall be determined in terms of height, front fayade proportion,
proportion of openings (windows and doors), rhythm of solids to voids on front facades,
rhythm of buildings on streets, rhythm of entrance and/or porch projections, relationship of
materials, texture and color, roof shapes, walls of continuity, scale of building, directional
expression of front elevation.
The following criterion has not been met:
(a) Heiaht: The height of proposed buildings or modifications shall be visually compatible in
comparison or relation to the height of existing structures and buildings. The height of the
subject application is within the maximum allowed height requirement of thirty-five feet (35').
However, when looking solely at the historic building stock in the Del-Ida Park Historic
District, it does have a larger and massive appearance, as the district is predominately
made up of one-story structures.
(f) Rhythm of Entrance and/or Porch Proiections: The relationship of entrances and porch
projections to the sidewalks of a building shall be visually compatible with the prevalent
architectural styles of entrances and porch projections on historic sites, buildings, and
structures within a historic district. The proposed additions and alterations to the existing
structure contain an attached single-car garage located at the front of the property. The
garage door, while not on the main elevation which faces North Swinton Avenue, is highly
visible from North Swinton Avenue, particularly when traveling south. This element is not
typical of the historic development within Del-Ida Park, and is therefore inappropriate and
non-compatible.
(j) Scale of a Buildina: The size of a building, the building mass in relation to open spaces,
windows, door openings, balconies, and porches shall be visually compatible with the
building size and building mass of historic sites, buildings, and structures within a historic
3/7
1 North Swinton tW8nue COf\ 2007-0;'0
HF'S ME)et;ri(J of November 1 be 2006
district. The second-story, particularly on the south elevation, appears to be too massive
and out of scale for the Del-Ida Park Historic District. In addition, the roof plane is not
broken up, providing a larger appearance. This may be slightly reduced by decreasing the
roof pitch to a 4/12.
(k) Directional Expression of Front Elevation: A building shall be visually compatible with
the buildings, structures, and sites in its directional character, whether vertical, horizontal,
or nondirectional. The location of the garage door does not provide visual compatibility with
respect to the directional expression of the front elevation. These elements are typically
located behind the principal structure when detached, or located to the rear of the property,
when attached.
Parkina
Pursuant to LDR Section 4.6.9(2)(a), two spaces per single family detached residence are
required and no required parking space may be located in a required front of street side setback.
The required front setback for the subject property is thirty-feet (30'). The existing structure, where
the garage is proposed to be located, is situated thirty-five feet (35') from the front property line.
To the east of the garage, the applicant proposes a second parking space, which is located nine
feet, six inches (9'6") within the front setback. This configuration should be revised.
Sauare Footaae. Lot Coveraae. and Floor Area
Pursuant to LDR Section 4.3.4(F)(1), in single family detached units, the floor area shall be all
enclosed space in the principle structure exclusive of terraces and unroofed areas and 50% of the
area for attached garages, carports, and screened porches.
Existing Proposed
Total Square Footage 1946 3662
Lot Coverage 19.5% 29%
Floor Area 1399 2776.5
Floor Area Ratio 14% 28%
The following review criteria have been proposed in the LDR amendments resulting from the
recommendation made by the consultants during the moratorium held earlier this year. Those
amendments, however, have not yet been adopted, and are subject to change prior to their review
by City Commission. The applicant was made aware that proceeding with the design would be at
his own risk.
Lot Coveraae
The proposed LOR amendments include lot coverage of 30% for two-story buildings. The chart
above shows that the proposal complies with this requirement, as it contains 29% lot coverage.
Upper Floor Setbacks
The proposed LOR amendments require that there is a second story setback of at least five feet
(5') on each elevation, to "help transition larger, two-story homes with abutting homes at the side
property lines". However, when the architectural style permits, the wall plane may be flush, if the
first story provides an additional five foot (5') setback. The second story meets these potential
requirements.
417
1 North Swinton Avenue COA 2007~020
HPE tvlectinu of NOVernlY)f 1 2006
Anale of Vision
The proposed LOR amendments require that an angle of vision is established to provide a defined
buildable area, per the specified angles within the proposal. The proposal meets the intent of this
potential requirement.
The Delray Beach Historic Preservation Design Guidelines recommends the following:
. For buildings where additional height is allowed, stepping back the upper stories may help to
minimize the difference as viewed from the street.
. The height of any new building should be similar to those of other buildings along the
streetscape.
. The new construction should be compatible with the width of the surrounding buildings.
. The relationship of new construction adjacent to significant historic resources can either
enhance or detract from the historic setting of the district.
. The character of the massing should be compatible with the surrounding buildings.
The Secretary of the Interior Standards for Rehabilitation recommend that:
. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment. (Standard # 9)
. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic property
and its environment would be unimpaired. (Standard # 10)
The existing structure, while classified as non-contributing, is compatible with the district in terms of
scale and mass and represents a time of development, which has not yet been identified as
significant for the Del-Ida Park Historic District, due its age. Its classification allows for a larger
change to occur since it is not protected by its age nor eligible for contributing classification. As
discussed throughout the report, the proposed new construction is not compatible with the existing
historic building stock.
Landscapina. Swimmina Pool and Fences
A six foot high (6') ficus hedge exists along the front, side (south) and rear property lines.
A swimming pool and concrete paver deck is proposed to the southeast of the property, behind the
remaining portion of the existing structure.
The existing and proposed fence types are as follows:
oSix foot high (6') wooden fence - Existing along side (north) property line.
oFour foot high (4') chain link fence - Existing along rear (east) property
oFour foot high (4') black, vinyl coated chain link fence - Proposed along side (south)
property line.
oFour foot high (4') white, picket fence with gate - Proposed to "connect" side wall planed
with side property lines; visible from front (west) elevation.
The following items are outstanding with respect to review by the City's Landscape Inspector:
517
711 North Swinton !\venue COt\ 2007-020
HPf3 rvleet~n~J of NOVefYli)er 1 2006
1. Per 4.6.16 (B) (4) the provisions of Section 4.6.16 shall apply to any modification to existing
development which results in an increase of 25% in the gross floor area of the structure, or
structures, situated on the site. In such cases, the entire site shall be upgraded to present
landscape standards. The applicant shall submit a complete landscape plan and landscape
calculations for single family, using our standard form that can be obtained at the front desk
of the Building Department.
2. Per 4.6.16(C) (1) (b) the landscape plan shall be drawn to scale consistent with the site
plan. It shall designate by name and location the plant material to be installed or preserved.
Show location of overhead lines and utility easements. Show proposed locations of refuse
areas and methods for screening.
3. The applicant shall submit an irrigation application and plan at the time of permitting. A tree
removal application shall also be submitted at the time of permitting if any existing trees will
be removed. All existing trees shall be identified on the landscape plan. If no trees will be
taken out, place a note on the landscape plan.
4. Additional comments will be forthcoming once a landscape plan has been submitted.
Complete compatibility with the historic building stock of the Del-Ida Park Historic District means to
build a one-story structure minimal in size, scale and mass. However, compatibility may be
achieved with a two-story component integrated into a predominantly one-story structure. While
approximately twenty-three percent (23%) of the total square footage is made up by the two-story
portion, it appears much larger than that upon review of the side elevations, which will be visible
from North Swinton Avenue. In addition, the garage component needs to be revised, as it is the
foremost element within the design, and also highly visible from North Swinton Avenue. Its
location is neither appropriate nor compatible within the Del-Ida Park Historic District. Additional
revisions should be made in seeking compatibility and providing the ability to properly review the
proposed new development.
Based upon the analysis contained throughout the staff report positive findings cannot be made
with respect to the noted review criteria, and therefore, the application should be continued with
direction.
A. Continue with direction.
B. Approve the Certificate of Appropriateness for 711 North Swinton Avenue, Del-Ida Park
Historic District, based on positive findings with respect to LDR Sections 4.5.1 (E)(4), (E)(7)
and 4.5.1 (E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the
Secretary of the Interior's Standards for Rehabilitation.
C. Deny the Certificate of Appropriateness for 711 North Swinton Avenue, Del-Ida Park Historic
District, based upon a failure to make positive findings with respect to LDR Sections
4.5.1 (E)(4), (E)(7) and 4.5.1 (E)(8)(a-k), the Delray Beach Historic Preservation Design
Guidelines, and the Secretary of the Interior's Standards for Rehabilitation.
Continue the Certificate of Appropriateness for 711 North Swinton Avenue, Del-Ida Park Historic
District, based upon findings with respect to LDR Sections 4.5.1 (E)(4), (E)(7) and 4.5. 1 (E)(8)(a-k),
6/7
1 North S1lJirrtGn }\venuc CO;\ 200'7-020
HPf:j Meeting of 1 200f3
the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards for
Rehabilitation with the following direction:
1. That a front door is specified;
2. That windows are added to the second-story west elevation;
3. That the garage contains a secondary appearance, and is minimally visible from North
Swinton Avenue;
4. That items 1 and 2 of the landscape technical items are complied with prior to COA
certification;
5. That the north elevation, second-story roof plane is corrected;
6. That the chimney is properly depicted on all applicable elevations;
7. That the second story is modified to appear less massive, and;
8. That no required parking spaces are located within the front setback.
Report Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments: Existing Site Plan, Proposed Site Plan, Elevations & Floor Plans.
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Planning & Zoning Department
MEMORANDUM
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TO: Historic Preservation Board Members
FROM: Amy E. Alvarez, Historic Preservation Planner
DATE: November 15, 2006
RE: 711 North Swinton Avenue - Square Footage Adendum
Upon further review of the square footage calculations contained in the Staff Report, it
was found that the numbers may have been in slight error. Therefore, the following
breakdown of the square footage calculations have been provided:
Existing Total Square Footage 1,946
Proposed New Total Square Footage 2,526
Total Square Footage 3,596
First Floor Total 2,741
First Floor New 1,514*
First Floor Retained 980**
First Floor Porches 170
First Floor Under Air 2,148
Second Floor Total 855
Second Floor Porches 92
Second Floor Under Air 763
Stairwell 35***
*According to submitted Site Plan
**Demolition Plan depicts retention 980 square feet, whereas the Site Plan is in
conflict with the Demolition Plan.
***Stairway area counted within first floor area.
Please note that the percentages provided in the Staff Report are not
significantly changed due to the above noted figures.
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CITY OF DELRAY BEACH, FL
PLANNING '" ZONING DEPARTMENT
~ SUBJECT PROPERTY
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MEMORANDUM
TO:
MAYOR AND CITI COMMISSIONERS
FROM:
CITY MANAGER
SUBJECT:
AGENDA ITEM # -REGULAR MEETING DECEMBER 5 2006
AGREEMENT /BONUS PAYMENT TO lCD SPORTS GROUP. INC.
DATE:
DECEMBER 1, 2006
This is before City Commission to consider approval of a bonus payment to JCD Sports Group,
Inc. for FY 05-06 in the following amounts:
Golf Operations:
Tennis Operations:
$11,725.50
$5,602.50
As per contract, a maximum of 15% may be paid in bonuses under each contract and payment is
based on accomplishment of performance measures met.
In the attached memo and backup information, Ms. Sharon Painter has indicated actual performance
numbers reached in FY 05-06.
Staff completed a review and analysis of the FY 05-06 performance actuals, and made
recommendations based on the results regarding the Dekay Beach Golf Club, Lakeview Golf
Course and Tennis facilities.
Funding is available from 445-4711-572-34.90 (Dekay Beach Municipal Golf Course Fund/Other
Professional Services), 446-4711-572-34.90 (Lakeview Golf Course/Other Professional Services),
001-4215-575-34.90 (General Fund/Tennis Operations/Tennis Center/Other Contractual Services)
and 001-4210-575-34.90 (General Fund/Tennis Operations/ Stadium).
Recommend approval of a bonus payment to JCD Sports Group, Inc. for FY 05-06 as per staff
recommendations.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\Barcinski Memo lCD Bonus Payment.12.05.06.doc
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Manager
DATE: November 30,2006
SUBJECT: AGENDA ITEM# -CITY COMMISSION MEETING DECEMBER 5. 2006
CONSIDERATION OF BONUS PAYMENT TO lCD SPORTS GROUP. INC.
ACTION
City Commission is requested to consider a bonus payment to lCD Sports Group, Inc. as requested for FY 05-06 in the
amount of $11,725.50 for both golf operations and $5,602.50 for Tennis Operations. Funding is available as follows
per FY 06-07 budget: $15,000 in account 445-4711-572-34.90; $2,550 in account 446-4711-572-34.90 and $4,250 in
account 001-4215-575-34.90 and $2,000 in account 001-4210-575-34.90.
BACKGROUND
Attached is a letter request along with backup information received from Ms Sharon Painter requesting a bonus
payment for FY 05-06. As per contract a maximum of 15% may be paid in bonuses under each contract and payment
is based on accomplishment of approved performance measures. Maximum payment for the Municipal Golf Course is
$18,300; Lakeview Golf Course $3,750 and Tennis Facilities $6,750.
The requested bonuses are based on an assumption that they would have received maximum points for the customer
satisfaction category. Due to various reasons, we were not able to complete the Customer Satisfaction Surveys before
the end of the fiscal year. These surveys are being done at this time but will not be counted until the 2007 fiscal year.
In addition, lCD Sports Group has not requested bonus points for the work they did for the City in the aftermath of
Hurricane Wilma.
I have completed a review and analysis of the FY 05-06 performance measures and requested bonuses; and a brief
summary of my analysis and my recommendations based on the data are as follows:
Delray Beach Golf Club:
I agree with the calculation of base points earned (25) as indicated. However, I would recommend the addition of 25
bonus points for this operation due to the extensive assistance the staff at this facility provided in Hurricane Wilma
recovery efforts. This site was also the main feeding site for employees working on hurricane recovery. Based on the
above, recommended point totals and bonus recommendation is a follows:
Dekay Beach Goff Club:
Customer Satisfaction Golf
Customer Satisfaction Restaurant
Course Sponsored Programs
Golf Rounds
Golf Fees
Merchandise Sales
Restaurant Sales
Operating Expenses
Subtotal
Bonus Points
Total:
Bonus: $18,300 x .40 (50/125) = $7,320
o
o
10
o
2
3
10
L-
25
2.5..-
50
I did not assume that maximum points would be achieved if customer satisfaction surveys were completed. If because
customer satisfaction surveys were not completed Commission wanted to base the bonus on 70 base points with 25
bonus points, then the bonus calculation would be as follows: 50 points earned/95 total points = 52.6% x $18,300 =
$9,625.80.
Lakeview Golf Course:
I agree with the total of base points earned (15) as indicated. However, I would recommend adding 20 bonus points
for the effort provided by staff at this facility for hurricane recovery assistance. Based on the above, recommended
point totals and bonus recommendation is as follows:
Lakeview Golf Course:
Customer Satisfaction
Course Sponsored Programs
Golf Rounds
Golf Fees
Merchandise Sales
Restaurant Sales
Operating Expenses
Subtotal
Bonus Points
Total:
Bonus: $3,750 x .28 (35/125) = $1,050
o
o
o
o
o
o
12-
15
~
35
If because customer satisfaction surveys were not completed and Commission wanted to base the bonus on 70 base
points with 25 bonus points, then the bonus calculation would be as follows: 35 points eamed/95 total points = 36.8%
x $3,750 = $1,380.
Tennis Facilities:
I agree with the calculation of base points earned (53) as indicated. In addition, I would recommend 20 bonus points
for the effort staff provided in hurricane cleanup. Based on the above, recommended point totals and bonus
recommendation is a follows:
Tennis Facilities:
Customer Satisfaction
Membership
Daily Players
Increased Program Participation 5%
Achieve Gross Revenues Lessons
Achieve Gross Revenues Leagues
Achieve Gross Revenues General Admission
Subtotal
Bonus Points
Total:
Bonus: $6,750 x 58.4 (73/125) = $3,942
o
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10
15
5
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~
73
If because customer satisfaction surveys were not completed and Commission wanted to base the bonus on 70 base
points with 25 bonus points, then the bonus calculation would be as follows: 73 points eamed/95 total points = 76.8%
x $6,750 = $5,184.
RECOMMENDATION
Staff recommends approval of bonus payments as adjusted for customer satisfaction surveys.
S:\City Clerk\AGENDA COVER MEMOS\Barcinski\Barcinski Memo JCD Sports Group Bonus 120506.doc
2
MEMORANDUM
SUBJECT:
DATE:
BOB BARCINSI<I
SHARON PAINTER~"" ~....~1rv
CINDY DOLL ~~
PERFORMANCE MEASURES
11/13/2006
TO:
FROM:
Attached please fInd the performance measures for FY 2006. We listed our results along with the
total number of points we feel we have earned.
Due to the fact that the Commission did not want ]CD to conduct. the customer satisfaction
surveys, we have divided the total points earned by 70 instead of 100 to arrive at what we feel is an
accurate evaluation of lCD's performance. Not conducting the customer surveys within the fiscal
year we believe, has caused a negative impact on ]CD performance measure percentages. In prior
years we have attained this performance measure. On each sheet we have shown the impact the
opportunity to meet this performance measure would have had on each facilities bonus.
In an effort to help you in determining our 2006 Performance Bonus we have provided a chart
on the bottom of each page. Should you determine that we are eligible for any of the possible 25
bonus points you would adjust the percentage of bonus earned.
Please feel free to call us if you have any questions.
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AGENDA ITEM NUMBER:
q. B
AGENDA REQUEST
Date: 11/30/2006
Request to be placed on:
Consent Agenda
X Regular Agenda
Workshop Agenda
When:
12/5/2006
Description of agenda item: City Commission is requested to consider a bonus payment to
JCD Sports Group, Inc. as requested for FY 05-06 in the amount of $11 ,725.50 for both Golf
Operations and $5,602.50 for Tennis Operations. Funding is available as follows per FY 0i-e6 d(.-o7~
Budget. $15,000 in account number 445-4711-572-34.90; $2,550 in account 446-4711-572-34.90
And $4,250 in account 001-4215-575-34.90 and $2,000 in account 001-4210-575-34.90.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
Recommendation:
A pp..-L &tJ<
fU-t- ~ ~mf'v\.ll~l~
~~,A~
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds): f \
~ --:-'~ \\ 30 IO~
Funding available: ~ ~~ No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
@
~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
SUBJECT:
CHEVELLE D. NUBIN, CITY CLERK
AGENDA ITEM # q . G- REGULAR MEETING OF DECEMBER 5. 2006
FY 2007 PEFORMANCE MEASURES/GOLF COURSES AND TENNIS
FACILITIES
FROM:
DATE:
DECEMBER 1, 2006
The agenda backup for Item 9.C, FY 2007 Peformance Measures/Go!fCourses And Tennis Facilities will be
sent to you on Monday, 12/4/06.
S:\City C1erk\AGENDA COVER MEMOS\City Manager Memos\City Manager 2007 Perfomance Measures Golf and Tennis 12.05.06.doc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERt111
AGENDA ITEM # 9.C - REGULAR MEETING OF DECEMBER 5, 2006
FY 2007 PEFORMANCE MEASURES/GOLF COURSES AND TENNIS
FACILITIES
TO:
SUBJECT:
DATE:
DECEMBER 4, 2006
The agenda Item 9.C, FY 2007 Peformance Measures/Golf Courses and Tennis Facilities has been pulled
from the Commission Agenda.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager 2007 Perfomance Measures Golf and Tennis Pulled 12.05.06.doc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # q .J) - REGULAR MEETING OF DECEMBER 5. 2006
HOUSING ASSISTANCE AND DEVELOPMENT AGREEMENT
TO:
SUBJECT:
DATE:
DECEMBER 1, 2006
This is before the City Commission to consider approval of a Housing Assistance and Development
Agreement between Midtown Delray, liC and the City of Delray Beach, Delray Beach Community
Land Trust, Inc., and the Delray Beach Chamber of Commerce for the development of workforce
housing. This agreement is non-exclusive and the City could also enter into agreements with other
potential developers.
The Housing Assistance and Development Agreement and application contemplate the development
of a 124 unit town home development on the former Bloods Groves property. A requirement of the
Community Work Force Housing Innovative Program (CWHIP) is that a public-private partnership
exist that includes the involvement of at least one public sector entity, such as a municipality. This
requirement will be satisfied by the execution of the proposed Housing Assistance and Development
Agreement by the City of Delray Beach, pursuant to which a commitment will be made that at least
twenty-five percent (25%) of the proposed development's units will be designated as workforce
housing for essential services personnel as defined by the City. This commitment by Midtown Delray,
liC exceeds the minimum Community Work Force Housing Innovative (CWHIP) requirement of
fifteen percent (15%).
Commission direction is requested.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager Housing Assistance and Development Agmt 12.05.06.doc
November 28; 2006
Mr. DavidHarden
City ManagQ1'
City ofDelray Beach
too NW 1st Ave
Delray Beach, FL 33444
Dear City Manager}:Iarden,
Midtown Delray, LLC ~ests an item. be. placed on1he agep.d.a for the .December 5,
2006, Delray Beach City Commissiotl. Meeting to approve 1:he City enterillg ihto a
Housing Assistance and Development Agreement substantively similar to the form of
agreement attached hereto. We intend to submit an application for assistance to the
Florida Housing Finance Corporation pursuant to Florida House Bill 1363, otherwise
known as the Community Work Force Housing Innovative Program ("CWHIP"). This
application must be submitted no later than December 15, 2006.
The Housing Assistance and . Development Agreement and appli~9n contem;pIate the
development of a 124 unit townhome development on the former Bloods Groves
property. A requirement of the CWHIP program is that a public-private partnership exist
that includes the involvement of at least one public sector entity, such as a municipality.
This requirement will be satisfied by. the execution. of the proposed Housing Assistance
and Development Agreement by the City of Delray Beach, pursuant to which a
commitment will be made that at least 25 percent of the proposed development's units
will be designated as workforce housing for essential services personnel (teachers,
nurses, police, fire rescue personnel, etc.). This commitment by Midtown Delray exceeds
the minimum CWHIP requirement of 15%.
Please do not hesitate to contact.us with any questions.
Sincerely,
~~/~.._.
MarcMeran
Ascot Development, LLC
Delray Park uf C()UlUletce
1000 NW 17th, Avenue.. Belray Beadl, FL 334.45 . Office 561.495.7554 . Fax: 561.241.6606
~
Rev~.11 130/06sr/dh
DRAFT - FOR DISCUSSION PURPOSES ONLY
HOUSING ASSISTANCE
AND
DEVELOPMENT AGREEMENT
THIS HOUSING ASSISTANCE AND DEVELOPMENT ("Agreement") is made
and entered into this day of November, 2006 by and among MIDTOWN
DELRA Y, LLC, a Florida limited liability company ("Developer"), CITY OF DELRA Y
BEACH ("City"), ~. t~~. I?~~~!\X .~~.1\q.l;C:fI1\1\1~E~ ()F'. <::Q1\11\1~~~.~ .C~~~.~l?-~~b~r"),.J..---
and,the COM~lJ1'-lXIY_ I:AN"P.I~Y~.I.c q:, It....................... _ _.. _.. _ _ _. _. _ _ _ _ __ _ _ _____ ___. ___......J.. ...
WITNESETH:
WHEREAS, Developer owns approximately 10 acres in Delray Beach, Florida
("Property") known as Midtown Delray, and desires to develop thereon a residential
community consisting of approximately 124 homes and a 20,000 square foot office building
and associated amenities ("Project"); and
WHEREAS, the parties hereto desire to enable Developer to develop a portion of
the Property for the purpose of providing workforce housing to essential personnel of the
City of Delray Beach; and
WHEREAS, the provision of workforce housing to essential personnel of the City
of Delray Beach, falls within the purposes of the Community Workforce Housing
Innovation Pilot Program adopted by House Bill. 1363, effective July 1, 2006 ("CWHIP"),
to provide attainable housing by using regulatory incentives and state and local funds to
promote local public-private partnerships which maximize government and private
resources; and
WHEREAS, the parties hereto intend to create such a public-private partnership (the
"Project Partnership") for the purpose of helping to address the high cost of living and
housing in the City of Delray Beach and the undue burden on homeownership and rental
opportunities for essential service personnel,Jl:s.<ie.fi_n~dJ?x.~l?-.~.q!Y..muuummmummmmmJ-/
WHEREAS, Midtown Delray will be developed through an Innovative Public
Private Partnership that brings to bear contributions from the private and public sector to
create a smart growth mixed income and mixed use community serving the continuum of
community housing needs, with particular emphasis on serving the needs of Delray Beach
employees and the essential workforce personnel employed by the public and private sector
in Delray Beach.
Deleted: DELRAY BEACH CRA
("CRA")
Deleted: THE CITY OF DELRA Y
BEACH FIRE RESCUE ("Fire Rescue")
Deleted: including school board
employees, resulting in teacher shortages,
recruitment barriers, and a detrimental
impact on educational and other
employment opportunities in the City of
Delray Beac
Deleted: h
WHEREAS, the Public Private Partnership includes the City of Delray Beach, the
Community -Land Trust, and the Delray Beach Chamber of Commerce-. This Agreement .----
outlines the prmcIpal- objectives - and- role - or eacnpartner -in -fhe - public - pnvate -partnersnip- -': - - ---
that constitutes the Applicant for the CWHIP application.
Deleted: Redevelopment Agency
Deleted: ,and the City of Del ray Beach
Fire Rescue
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto intend to be legally bound,
hereby agree as follows:
1. Developer, subject to the terms and conditions herein, and compliance by
each of the parties hereto with their obligations hereunder, hereby agrees to the following in
connection with the Project Partnership:
(a) The Developer shall commit at least 250/ Q of the total number of
residential units approved to "essential services personnel workforce housing;'. as will be_------{ Deleted:~
defined by the City. The workforce housing commitment to provide such housing shall be {_~r!'l~:.s.tr:i~~t~r~u9~______
offered at a price up to 140% of the AMI as defmed in the CWHIP legislation.
(b) Developer agrees to apply for a grant under the terms of the CWHIP
to enable the development of a community land trust townhome community within
Midtown Delray to be constructed on that portion of the Property identified as Type I
hereto. These units will be made available to meet the housing needs of essential services.:___------{ Deleted:, such as
personnel which may include, but not be limited to, teachers, nurses, police, and fIre rescue
personnel, in accordance with the goals of the City of Delray Beach. Developer shall
contribute to a Community Land Trust ("CL T") comprised of the Applicants land, at an
anticipated value in excess of $2,000,000, for the development of 25% of the total number
of townhomes for the purpose of workforce housing with particular emphasis to ~_~~_s~IltiaL-------{ Deleted: Fire Rescue personnel and
service providers. The Developer (or its assignee) shall have the right, but not the
obligation, to be the builder of such townhomes.
(c) The City will perform an expedited review of all plans and permits
, Deleted: appoint a Workforce Housing
" Ombudsmen
Deleted: expedition
Deleted: Workforce Housing
Ombudsmen
Deleted: ensure
Deleted: that
Deleted: are handled
Deleted: [n order to accomplish this
expedited review, the Workforce Housing
Ombudsmen, will facilitate an expedited
communication process with the
Developer, ensuring that all requests for
revisions or additional information
required by the City are communicated
either telephonically oI1[
electronically to the Developer within one
business day from the time such need for
revision or additional information is
determined so that the Developer can
immediately respond to the City's needs.
Deleted: Title:
2. The City of Delray Beach, the principal public partner, hereby agrees to , ,
comply with the following in connection with the Project Partnership:" '
(a) In recognition of the important public purpose served by the creation of a substantial /:',/
number of housing opportunities for Delray Beach's essential workforce, the City of Delray ,/:<:
Beach will ~_ _char:g~~_ _ ~jfu _ _o~~_r:~~_~iIlR _ fu~ _ .-:~~Q~~i~Ilg_ _<?J _ fu~_ _ ~* _ _~1?~(;jfi_(;__<;::<?Il?-R _ rl~J?_ f/. >-
Amendment. The ~-9ty~ill..-h~~I~_..-_ de.veloJll11eIlt_re~ie_\\fs_~__c~Il(;~~Il~I.YLr:~Jh-~r:J~J?_Ji?/
sequentially, and that the entire review and approval process including public hearings,
shall be completed as stated below. - /-
~------------------------------------------------------------------------------"
(b) The City shall expedite the review of the development applications
for the Comp Plan amendment, rezoning, site plans in the development, and other approvals
and permits that are required by the City and its agencies in connection with the
development of the Project;
,,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ ~ _ _ _ ~ ~ ~ ~ _ _ ~ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.J'
in conjunction with the Comp Plan amendment, rezoning, and master site plan approval and
shall complete that review no more than i._ ~~~!Uh~n~~!~n9.(~ll~~t.t.~L<?[J-----{ Deleted: fifteen (15) days
information by Developer;
(d) The overall review process, including all required public hearings,
shall be held and completed within .- __~X~n9.L~~n~!~_~<?K)~!!~L_ _----{ Deleted: seventy five (75) days
submittal of the application by Developer provided however if Developer fails to provide
appropriate plans that are in compliance with the City's Land Development Regulations and
the plans are reiected the time from the date of rejection to resubmittal of plans that are in
compliance shall not be counted toward the overall review process deadlines. Review and
approval shall include the comprehensive plan application and issuance of the Development
Order, r~zoning to PUD and adoption of the Resol~tion by ~e ~-9ty-'~9.~~~~<?E~"-.-~~~nt-::---{ Deleted: Board of
master site plan approval for the PUD by the ,;, Cl~ .ComnnsslOn-. Nothing contamed -'. Deleted: Commissioners
herein constitutes nor is it intended to constitutenari- agreementnionappro~e- ilnynoTtlie-~",::... Deleted: Board of
foregoing. "" Deleted: Commissioners
(e) The City shall expedite the review of all development applications,
plats and permits, and approval of formal site plans. in the development, and other approvals
and permits that are required by the City and its agencies in connection with the
development of the Project, as stated above.
(f)
'I!:-_----------------------------------------
3. .~ Th~_ _~~ I _~E~_~~_~!!YJ1~~e~y~g~~~~_~~_[~n<?_~~:_ ____n______________________ __ _ __
(a) .~ Ih~_ _q._T_~~~U_R~9.Y_i.4~_~0}?jt~~g__~n.4n~~~~~_~~~~!_~[ _~_~ _ _W <?_t:~_, \\
Force Housing to qualified buyers for the CLT and the City shall monitor the enforcement -' \\
.Qf..the other workforce housing units in the Project; L\ '-
(b) .- Th~_ ~_i_ty_ ~~_ !h~_q.I._~~_~.PI'E~able._sl:1a}lI?r~~~~ _~_ fun _~~_I?-g~_ _q[ _ _ _mo.
credit counseling, application review and counseling services to help clients achieve
homeownership;
(c) .~Th~_9ty_9.~_!h~_~~I..~~_~.P~!!~.~~!~~_~I:1~I))_[~~_i).i_t_~!~_~e _deeci
restrictions that ensure income eligibility both initially and upon re-sales; and - n
Deleted: The City shall provide relief
from traffic and utility concurrency
requirements affecting the ability of the
Developer to provide workforce housing
for essential services personnel (we don't
believe there to be any issues today) or be
entitled to any benefits under or on
account of this Agreement as a third.
party beneficiary or otherwise.
Deleted: Delray Beach CRA
Deleted: agrees
Deleted: Delray Beach CRA
Deleted: and
Deleted: Delray Beach CRA
J.....{ Deleted: Delray Beach CRA
...{ Deleted: Delray Beach CRA
(d) -i Ih~_ ~~ I _ ~1:1~JJ_Rr9.Y.i.4~ P~P~~J_ _S_!~~~~~I:1!R _<?K _~~ I _ !3Ecl_!<?mm_ _ _ _ _ _ _' ...-
monitor for permanent affordability. The City shall provide oversight to other Workforce
Housing units to ensure affordability.
4. Delray Beach Chamber of Commerce hereby agrees as follows:
(a) Chamber shall provide advertising and public relations designed to
generate support for the project;
(b) Chamber shall provide outreach program for local employers to
educate employees about workforce housing opportunities in the Project. This is a critical
component of the Project Partnership, as most low paid professionals are unaware that they
qualify for affordable housing programs.
/{ Deleted: Fire Rescue
5. .~ Ih~. q!y, her~bY.(igJ:e~~, a.s KoJl~~~:................................ _. _ __ __........ _ _. _ _ _ __...../
...{ Deleted: Fire Rescue
( a) .-.1:h~.. q!X. .~h~JLR~9.Y.i.4~. .<?~~~~~h. .C::clll.~(it.i.<?~~J.. ~.!c::ti~!~__R~~I'(lI:~.4..~Y_ ,.,/
Developer to their current and prospective employees regarding Work Force Housing
opportunities in the Project. The .-9!Y__~~~. P~.Y~!<?P~~. ~1:1(iIL~9.<?p~@.t_c::.!~ ,!hc:: .i"ci!~~~~~!ioIl / /
of appropriate materials for distribution to current and prospective.;9ty.~~pJ~YC::~~;m__m__m:::'-"
<d22.~ Ih~. 9ty. ~!J.!!!!. ~.<?~R~!.~!~__~!h .t1!~. R~~~!~R~!.K<?!. .~~. ~~I?!~I?-?~~!~!!9.Ilo[ _, _ -.'-'
an Employee Assistance Home Ownership Program designed to facilitate home ownership ..'...,
for .~q!X _~~loy~,esy_ ~n.4 (is .Pe~!!e.4. tlD.4~r X!<?r.i.4~ .~~.~~!~~-"_. __ __.................... _ _ _ _ _ _............ __,.,.'.
6. Each of the parties hereto acknowledges and agrees that the foregoing is
intended to be a non-exclusive list of what each party shall do to facilitate the Project
Partnership and to further the goals of the CWHIP. Each of the parties agrees to take such
further actions as may be necessary or appropriate to cooperate with one another and to
achieve the success of the program,-.:. p.~<?.':!ci~.4.I:19.~~Y.c::!~JI:1~.~HX.cl9.~~__~ot, ~,r~tee that _-.--.-{ Deleted:.
any approvals will be made as a result of entry into this Agreement and the City or CL T or
Chamber and each party shall not be required to take any action that it deems in its sole
discretion not to be in their individual and collective respective best interests.
Deleted: Fire Rescue
Deleted: preparation
Deleted: Fire Rescue
Deleted: Ii
Deleted: Fire Rescue
Deleted: Fire Rescue
Deleted: Each party hereto
7. .~ Ih~.. p.~x~.1_<?I'~_t: _ _!J.~~eJ:>y., a.8!,ees.. t(). .ill.4~~ry.. ~ci.. h<?J.4.. ~_~~~~_ _ _tJ?-~_ _ ~ ./-., ("Indemnifying Party")
remaining parties hereto, and their respective owners, officers, employees, agents and ......- Deleted: other
attorneys (collectively, the "Indemnified Parties ") against any and all losses, claims,
demands, liabilities and expenses (including reasonable legal or other expenses) incurred by
the Indemnified Parties in connection with any matters arising hereunder and that are the
obligation of the Indemnifying Party hereunder.
8. Except as provided herein, nothing herein shall be construed to constitute
any party thereto as the agent of any other party or to limit in any manner any party from
carrying on its respective activities, functions or businesses.
9. Each of the parties hereto will execute and deliver such further instruments
and do such further acts and things which may be required to carry out the intent and
purposes of this Agreement.
10. Each of the parties acknowledges and agrees that in the event a party hereto
shall fail to perform any of its obligations hereunder, the other parties will be without
adequate remedy at law and will therefore be entitled to enforce such obligations by
temporary or permanent injunctive or mandatory relief obtained in an action or proceeding
instituted in any court of competent jurisdiction without the necessity of proving damages
without prejudice or any other remedies it may have at law or in equity. Except as provided
herein, this Agreement is made solely and specifically among and for the benefit of the
.-/.{ Deleted: Title:
.,.~ - ~ - - ~ - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - -- - -- -- - - - - - - - - - - - - - - - .....~~
parties hereto and their respective successors and assigns, and no other person shall have
any rights, interest or claims hereunder or be entitled to any benefits under or on account of
this Agreement as a third-party beneficiary or otherwise.
II. This Agreement shall remain in effect for a period of one year from the date +
of this Agreement and may be renewed for a period of time acceptable to all parties.
12. This Agreement may be terminated by any party upon giving sixty (60)
days written notice to the other parties if any party determines that the Agreement is not in
its best interests.
13. The services and covenants provided for herein are not exclusive and the
City and other parties may enter into agreements with any other entity it deems would also
further its interests in affordable housing.
14. This is the entire agreement between the parties and any other conditions or
terms to be binding shall be in writing and shall be set forth in an amendment to this
Agreement.
15.
Agreement.
This Agreement shall be effective once signed by the parties to this
THIS SP ACE INTENTIONALLY BLANK
SIGNATURES CONTINUED ON FOLLOWING PAGE
----'._..._---------~-----.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement
effective as of the day and year first-above written.
DEVELOPER:
MIDTOWN DELRAY,
LLC, a Florida limited liability company
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CITY OF DELRAY BEACH, FWRIDA
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Attest:
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Approved as Form:
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Title: eRA:,
DELRAY, BEACH, COMMUNIY
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DELRAY BEACH CHAMBER OF
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Title:
DELRAY BEACH COMMUNITY LAND
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...-----------------
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # 9.D - REGULAR MEETING OF DECEMBER 5.2006
HOUSING ASSISTANCE AND DEVELOPMENT AGREEMENT
TO:
SUBJECT:
DATE:
DECEMBER 4, 2006
Attached please find the revised agreement for agenda Item 9.D, Housing Assistance and Development
Agreement.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager Housing Assistance and Development Agreement2 12.05.06.doc
HOUSING ASSISTANCE
AND
DEVELOPMENT AGREEMENT
THIS HOUSING ASSISTANCE AND DEVELOPMENT ("Agreement") is made
and entered into this day of December, 2006 by and among MIDTOWN
DELRA Y, LLC, a Florida limited liability company ("Developer"), CITY OF DELRA Y
BEACH ("City"), , the DELRA Y BEACH CHAMBER OF COMMERCE ("the Chamber"),
and the DELRA Y BEACH COMMUNITY LAND TRUST, INC. ("DBCLT").
WITNESETH:
WHEREAS, Developer owns approximately 10 acres in Delray Beach, Florida
("Property") known as Midtown Delray, and desires to develop thereon a residential
community consisting of approximately 124 homes and a 20,000 square foot office building
and associated amenities ("Project"); and
WHEREAS, the parties hereto desire to enable Developer to develop a portion of
the Property for the purpose of providing workforce housing to essential personnel of the
City of Delray Beach; and
WHEREAS, the provision of workforce housing to essential personnel of the City
of Delray Beach, falls within the purposes of the Community Workforce Housing
Innovation Pilot Program adopted by House Bill. 1363, effective July 1,2006 ("CWHIP"),
to provide attainable housing by using regulatory incentives and state and local funds to
promote local public-private partnerships which maximize government and private
resources; and
WHEREAS, the parties hereto intend to create such a public-private partnership (the
"Project Partnership") for the purpose of helping to address the high cost of living and
housing in the City of Delray Beach and the undue burden on homeownership and rental
opportunities for essential service personnel, as defined by the City.
WHEREAS, Midtown Delray will be developed through an Innovative Public
Private Partnership that brings to bear contributions from the private and public sector to
create a smart growth mixed income and mixed use community serving the continuum of
community housing needs, with particular emphasis on serving the needs of Delray Beach
employees and the essential workforce personnel employed by the public and private sector
in Delray Beach.
WHEREAS, the Public Private Partnership includes the City of Delray Beach,
Delray Beach Community Land Trust, Inc. and the Delray Beach Chamber of Commerce.lThis Agreement outlines the principal objectives and role of each partner in the public
private partnership that constitutes the Applicant for the CWHIP application.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto intend to be legally bound,
hereby agree as follows:
1. Developer, subject to the terms and conditions herein, and compliance by
each of the parties hereto with their obligations hereunder, hereby agrees to the following in
connection with the Project Partnership:
(a) The Developer shall commit at least twenty-five percent (25%) of
the total number of residential units approved to "essential services personnel workforce
housing", as will be defined by the City in a manner that is generally consistent with its
corresponding LHAP definition. The workforce housing commitment to provide such
housing shall be offered at a price up to 140% of the AMI as defined in the CWHIP
legislation.
(b) Developer agrees to apply for a grant under the terms of the CWHIP
to enable the development of a community land trust townhome community within
Midtown Delray to be constructed on that portion of the Property identified as Type I
hereto. These units will be made available to meet the housing needs of essential services
personnel which may include, but not be limited to, teachers, nurses, police, and fire rescue
personnel, in accordance with the goals of the City of Delray Beach. Developer shall
contribute to a Delray Beach Community Land Trust, Inc. ("DBCL T") comprised of the
Applicants land, at an anticipated value in excess of $2,000,000, for the development of
25% of the total number of townhomes for the purpose of workforce housing with
particular emphasis to essential service providers. The Developer shall be obligated to
convey title to this land to DBCL T at such time as will be agreed by Developer and
DBCLT prior to December 15, 2006, it being acknowledged that if Developer and DBCLT
do not reach such an agreement by December 15, 2006 this Agreement shall terminate.
The Developer (or its assignee) shall have the right, but not the obligation, to be the builder
of such townhomes.
2. The City of Delray Beach, the principal public partner, hereby agrees to
comply with the following in connection with the Project Partnership:
(a) In recognition of the important public purpose served by the creation
of a substantial number of housing opportunities for Delray Beach's essential workforce, the
City of Delray Beach will be charged with overseeing the expediting of the Site Specific
Comp Plan Amendment. The City will handle development reviews concurrently, rather
than sequentially, and that the entire review and approval process including public hearings,
shall be completed as stated below. Required approvals shall include the following, as
applicable: comprehensive plan amendment; any rezoning; and plat approval.
(b) The City shall expedite the review of the development applications
for the Comp Plan amendment, rezoning, site plans in the development, and other approvals
2
and permits that are required by the City and its agencIes III connection with the
development ofthe Project;
(c) The City will perform an expedited review of all plans and permits
in conjunction with the Comp Plan amendment, rezoning, and master site plan approval and
shall complete that review no more than thirty (30) days from the date of submittal of
information by Developer;
(d) The overall review process, including all required public hearings,
shall be held and completed within ninety (90) days of the date of initial submittal of a
complete application by Developer (plus any additional days of delay caused by the state or
any other third party), provided however, if Developer fails to provide appropriate plans
that are in compliance with the City's Land Development Regulations and the plans are
rejected the time from the date of rejection to resubmittal of plans that are in compliance
shall not be counted toward the overall review process deadlines. Review and approval
shall include the comprehensive plan application and issuance of the Development Order,
rezoning to SAD and adoption of the Resolution by the City Commission, and master site
plan approval for the SAD by the City Commission. Nothing contained herein constitutes
nor is it intended to constitute an agreement to approve any ofthe foregoing.
(e) The City shall expedite the review of all development applications,
plats and permits, and approval of formal site plans in the development, and other approvals
and permits that are required by the City and its agencies in connection with the
development of the Project, as stated above.
3. The DBCLT and the City hereby agree as follows:
(a) The DBCLT shall provide monitoring and enforcement of the Work
Force Housing to qualified buyers for the DBCLT and the City shall monitor the
enforcement of the other workforce housing units in the Project;
(b) The City or the DBCLT, as applicable, shall provide a full range of
credit counseling, application review and counseling services to help clients achieve
homeownership;
(c) The City or the DBCLT, as applicable, shall facilitate the deed
restrictions or DBCLT 99 year ground lease restrictions that ensure income eligibility both
initially and upon re-sales; and
(d) The DBCLT shall provide perpetual stewardship ofDBCLT land to
monitor for permanent affordability. The City shall provide oversight to other Workforce
Housing units to ensure affordability.
4. Delray Beach Chamber of Commerce hereby agrees as follows:
(a) Chamber shall provide advertising and public relations designed to
generate support for the proj ect;
3
(b) Chamber shall provide outreach program for local employers to
educate employees about workforce housing opportunities in the Project. This is a critical
component of the Project Partnership, as most low paid professionals are unaware that they
qualify for affordable housing programs.
5. The City hereby agrees as follows:
(a) The City shall provide outreach educational materials prepared by
Developer to their current and prospective employees regarding Work Force Housing
opportunities in the Project. The City and Developer shall cooperate in the dissemination of
appropriate materials for distribution to current and prospective City employees;
(b) The City shall cooperate with the Developer for the implementation of
an Employee Assistance Home Ownership Program designed to facilitate home ownership
for City employees, and as permitted under Florida Statutes.
6. Each of the parties hereto acknowledges and agrees that the foregoing is
intended to be a non-exclusive list of what each party shall do to facilitate the Project
Partnership and to further the goals of the CWHIP. Each of the parties agrees to take such
further actions as may be necessary or appropriate to cooperate with one another and to
achieve the success of the program; provided however, the City does not guarantee that any
approvals will be made as a result of entry into this Agreement and the City or DBCL T or
Chamber and each party shall not be required to take any action that it deems in its sole
discretion not to be in their individual and collective respective best interests.
7. The Developer hereby agrees to indemnify and hold harmless the -
remaining parties hereto, and their respective owners, officers, employees, agents and
attorneys (collectively, the "Indemnified Parties") against any and all losses, claims,
demands, liabilities and expenses (including reasonable legal or other expenses) incurred by
the Indemnified Parties in connection with any matters arising hereunder and that are the
obligation of the Indemnifying Party hereunder.
8. Except as provided herein, nothing herein shall be construed to constitute
any party thereto as the agent of any other party or to limit in any manner any party from
carrying on its respective activities, functions or businesses.
9. Each of the parties hereto will execute and deliver such further instruments
and do such further acts and things which may be required to carry out the intent and
purposes of this Agreement. Upon approval of the CWHIP application Developer and
DBCL T will enter into additional agreements setting forth with more specificity their
obligations to each other.
10. Each of the parties acknowledge and agree that in the event a party hereto
shall fail to perform any of its obligations hereunder, the other parties will be without
adequate remedy at law and will therefore be entitled to enforce such obligations by
temporary or permanent injunctive or mandatory relief obtained in an action or proceeding
4
instituted in any court of competent jurisdiction without the necessity of proving damages
without prejudice or any other remedies it may have at law or in equity. Except as provided
herein, this Agreement is made solely and specifically among and for the benefit of the
parties hereto and their respective successors and assigns, and no other person shall have
any rights, interest or claims hereunder or be entitled to any benefits under or on account of
this Agreement as a third-party beneficiary or otherwise.
11. This Agreement may be terminated by any party upon (a) Developer's
decision not to construct workforce housing for essential services personnel following
denial of the CWHIP application, or (b) material breach of any of Developer's obligations
hereunder that remains uncured thirty (30) days following Developer's receipt of written
notice of such breach by any other party. This Agreement shall otherwise terminate upon
the completion of all the residential units contemplated by this Agreement.
12. The services and covenants provided for herein are not exclusive and the
City and other parties may enter into agreements with any other entity it deems would also
further its interests in affordable housing.
13. This is the entire agreement between the parties and any other conditions or
terms to be binding shall be in writing and shall be set forth in an amendment to this
Agreement.
14. This Agreement shall be effective once signed by the parties to this
Agreement. This Agreement shall be binding upon the parties' assigns and successors in
interest.
THIS SPACE INTENTIONALLY BLANK
SIGNATURES ON FOLLOWING PAGE
5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
effective as of the day and year fIrst above written.
MIDTOWN DELRAY,
LLC, a Florida limited liability company
By:
Garrett M. Bender, Manager
Midtown Delray, LLC, Sole Member
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
Attest:
City Clerk
Approved as Form:
City Attorney
DELRAY BEACH CHAMBER OF
COMMERCE
By:
Title:
DELRAY BEACH COMMUNITY LAND
TRUST, INC.
By:
Title:
ox
~
.
MEMORANDUM
~o
TO:
David Hard
RECEIVED
NOV 2 7 2006
CITY MANAGER
THROUGH:
J oe Weldon,
SUBJECT:
Alberta Gaum, Project Coordinator ~t.
F.I.N.D. Intracoastal Park Naming
FROM:
DATE:
November 27,2006
The Intracoastal Park will contain two public boat ramps, 19 boat trailer parking stalls, 8
standard parking stalls, staging docks, restrooms, and other ancillary structures. A
significant portion of the site containing mangrove forest and seagrass beds will be left
in its natural conditions.
Please review the following names recommended by the committee for naming the
F.I.N.D. Intracoastal Park.
Mangrove Park
Knowles South Park
Estuary Park
Waterway Park
Riverview Estuary Park
Delray Intracoastal Park
Mangrove Intracoastal Park
Mangrove Ooki Park - the Ooki is Seminole Indian for water
Walking Tree Park - the roots of a Mangrove appear to walk or stand on the water
The park naming committee, Rodger Ribeiro, Tom Kwiatek, Robert Taylor, Danielle
Beardsley, Melissa Kaminiecki, Alberta Gaum, each selected three names in sequence
first, second and third place. "Mangrove Park" was voted first place by four of the
committee members and second and third by the remaining two members.
If you have any questions, please contact me.
q.E
City of Delray Beach
I
Memo
To: City Commission
From: City Manager ~
cc:
Date: December 1, 2006
Re: Legislative Issues for 2007
The following list is a compilation of local issues identified by the Commission and City Staff
for the upcoming session of the legislature. Also included in you backup is information on
issued identified by the Florida League of Cities and the School District.
1. Property Tax Reform: Rapidly rising property values coupled with the Save Our
Homes constraints on taxable assessments for homestead property have shifted the
tax burden increasingly to non homestead property (second homes, apartments and
non residential properties). Taxes on these properties have reached unbearable
levels. Property taxes area also shifted to newly purchased homes, making it even
more difficult for first time home buyers. Reform is needed to more equitably
apportion the property tax burden, while still giving local government the flexibility
and resources needed to finance our services.
2. Insurance Reform: Windstorm insurance costs have also reached unbearable
levels, in many cases far exceeding property taxes. Reform is needed to more
equitable spread the risk across the state rather than concentrating it along the
coast. Also, state insurance regulators need to be empowered to deny inadequately
justified rate increases.
3. Water Supply and Sewage Treatment: In order to reduce withdrawals from the
surficial aquifer for irrigation purposes and reduce discharge of treated sewage to the
ocean, financial assistance is needed to expand treatment facilities and reclaimed
water distribution systems.
4. Affordable Housing: The full amount of funds generated under the Sadowski Act
should be mace available to local governments to address the affordable housing
crisis. These funds must not be diverted to state general fund purposes.
5. Beach Management: Ensure that the Erosion Control Line is protected and
funding is continued for beach renourishment projects.
6. Parks and Recreation: Support continued funding for the Florida Recreation
Development Assistance Program.
q. r:-
7. Liability: Legislation is needed to clarify that sovereign immunity is not waived by
entering into contracts.
8. Home Rule: Charter counties should not be allowed to establish standards for
delivery of municipal services except through the dual referendum process.
9. Traffic: Support legislation to allow photographic enforcement of red light running
in Palm Beach County.
. Page 2
I>
Page 1 of2
Harden, David
From: Kdaley2000@aol.com
Sent: Tuesday, November 07,200612:38 PM
To: Montague, Brenda; dcolonna@delraycra.org; Ellis, Rita; Fetzer, Fred; Perlman, Jeff (personal email);
jonlevinson@compuserve.com; Barcinski, Robert; Harden, David; mmccarty@co.palm-beach.f1.us;
kskidmore@adelphia.net; JAtwater5@aol.com; adam@hasner.org; Echase@co.palm-beach.f1.us
Subject: let the issues begin!
November 7,2006
Mr. Paul Dorling
Principal Planner
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Paul:
There are certainly unprecedented challenges before us in 2007. What a difference a year can make. We began 2006
with a continuing emphasis on storm recovery following the 2004 and 2005 hurricane seasons. We are ending the year
in the midst of quite a different type of storm, one with considerable uncertainty, marred by potential sand wars among
our coastal communities, Erosion Control Line (ECL) litigation headed to the Supreme Court, and facing a growing
constituency that is concerned over the actual and perceived impacts of beach nourishment on the marine environment.
I hope you agree with the importance of continuing membership in FSBPA's BeachWatch program at this time. An
invoice for 2007 is enclosed.
It is not necessary to once again recap the 2006 Legislative Session. It is enough to say beach funding for FY06-07 of
$65 million far exceeded all expectations; and troubling amendments to Chapter 161, F.S., the Beach and Shore
Preservation Act, and appropriations proviso did not make it into law. I'd like to think FSBPA, through BeachWatch,
had a major role in both of these desired outcomes.
November 7, 2006
Mr. Paul Dorling
Page Two
This success is not likely to be repeated in 2007. Instead, we will be lobbying for the statutorily-mandated $30 million in
dedicated funding for statewide beach management. Additional General Revenue dollars for beach management are
not expected or currently needed. Unlike recent years, our BeachWatch issue focus and strategies for the upcoming
legislative session have yet to be finalized, and are likely to be more reactive than proactive.
On October 25, FSBPA filed an amicus brief with the Supreme Court in the Walton/Destin litigation. As most of you
know by now, if the First District Court of Appeals opinion stands it threatens the historical foundation of our state beach
management program, the Erosion Control Line. At issue is the taking of two riparian rights without just compensation -
- the right to "future" accretions and the right to have the property's contact with the water remain intact. We now await
the date for oral arguments before the Court. With our counsel, Linda Shelly, Board of Directors and BeachWatch
members, we will try to sort out the impacts of the District Court ruling, if it stands, and ultimately the Supreme Court
decision. Our attention will be on the distinctions between new ECls and previously established ones; whether and
how public funding of beach nourishment projects might continue; and possible legislative remedies should the need
11/7/2006
Page 2 of2
arise. With your support we will examine all available options to insure the continuation of our mutual efforts to
preserve Florida's beaches.
Our BeachWatch strategy for 2007 must accommodate far more than this single, albeit historical, legal case and its
precedent. This is an extremely critical political atmosphere for the inner workings of Florida's Beach Management
Program, pursuant to Chapter 161, F .S., to be exposed to.
November 7, 2006
Mr. Paul Dorling
Page Three
As you well know, the sheer number, variety, and speed of beach project construction following the 2004 and 2005
hurricane seasons has inevitably led to unparalleled program exposure and scrutiny, magnifying our warts, and
seriously challenging the general acceptance of beach nourishment practices in Florida. Concern has spread from
certain special interests for reefs, fishing or surfing to mainstream media, national environmental groups, and decision-
makers.
Through BeachWatch, we will be part of the inevitable discussion among the various stakeholders which will likely
manifest itself during the 2007 legislative Session. We will accept responsibility for and commit to promoting optimum
beach project design, construction, and management, while emphasizing and demonstrating improved project
performance, extending renourishment cycles, and maximizing environmental sensitivity.
legislators will be increasingly exposed to reasoned, diverse opinions regarding beach nourishment from numerous
constituents, stakeholders, and media sources. Your involvement in BeachWatch insures that we will be a part of such
meaningful discussion.
Many of these difficult issues are likely to present themselves during the 2007 legislature as a byproduct of several
potential bills aimed at correcting glitches in last years coastal high-hazard legislation; saving the ECl as a result of the
Walton-Destin litigation; responding to a Senate dune protection interim study; and considering new open beaches or
beach access initiatives. We must also be ready to respond to legislatively-expressed interests in centralizing the
beach erosion control project permitting process at the state versus current local government level, and possibly
restricting geographically the use of offshore sand sources.
November 7, 2006
Mr. Paul Dorling
Page Four
Challenging times, no doubt! However, with your continued support through BeachWatch, FSBPA will continue to be
an effective voice in the expanding debate surrounding the management of Florida's beaches.
Sincerely,
Deborah E. Flack
Director of Government Affairs
Attachment: 2007 BeachWatch Membership Invoice
Cc: Kathleen Daley
11/7/2006
+
Florida Lea2ue of Cities' Priorities
&port of the FLC Le1!islative CommitfQ~
\\ '.(
i
; \
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Charter County Relations " ('
The Florida League of Cities will support legislation that restores and maintains municipal home
rule authority for municipalities located within charter counties.
, i
Affordable Housing
The Florida League of Cities will support legislation that preserves the dedicated documentary
stamp fees as a funding source for the State and Local Government Housing Trust Fund
(Sadowski Trust Fund) and eliminates the cap placed on fund distribution, and will oppose any
funds being diverted to the General Appropriations Fund.
Property Tax Reform
The Florida League of Cities supports a tax structure that is fair and equitable, is competitively
neutral and allows municipalities the flexibility to provide adequate services in their communities.
In addition, the League supports simplifying and stabilizing Florida's state and local revenue
structure in a manner that provides tax fairness for both businesses and citizens of our state. As
such, the Florida League of Cities will support legislation that:
. Establishes a more simplified and informative truth-in-millage (TRIM) process for property
owners specifically as it relates to a taxing authority's proposed budget and the implications
for the property owner's tax bill, including the elimination of information, like the "rollback"
rate;
. Enhances a local budgeting process to encourage public participation;
. Establishes an equitable assessment system with standards and criteria that apply equally to all
types of property and is based on the market value of the property's current use;
. Establishes a statutory ceiling determined by the average assessment change in the previous
five-years to protect all property owners from unanticipated spikes in property tax bills.
However, the League generally opposes artificial caps on property assessments, municipal
expenditures or revenues;
. Authorizes local general purpose governments, including municipalities, to provide
exemptions or changes to property tax assessment criteria (such as Save Our Homes, Save Our
t
..
Seniors, portability of. exemptions or special assessments for affordable housing) under
. specific circumstances within their jurisdiction.;
. Provides state [mancial assistance, in a revenue neutral manner, to impacted local governments
to allow for property tax adjustments without reductions in municipal levels of service, if
exemptions or changes to property tax assessment criteria are implemented statewide;
. Establishes specific assessment criteria and standards for the taxation of very low and
moderate. income housing;
. Establishes property tax equity by authorizing property appraisers to assess new construction,
subject to appropriate exemptions, on a partial-year basis;
. Provides a constitutional amendment to clarify the intent of Section I, Article VIII of the
Florida Constitution .that prevents the dual taxation of municipal property for the. primary
benefit of the property or residents in the unincorporated areas; and
. Authorizes municipalities to levy any tax authorized by the state for any public purpose.
Other Kev Issues
Growth Management
The Florida League of Cities will support legislation that:
. Ensures growth management decisions are driven foremost by land. use planniIig rather
than concurrency;
. Supports multi~modal transportation initiatives and alternative means of mobility based on
urban forin and design;
. Provides municipalities with state and local option revenue sources to meet fmanciaI
feasibility requirements and infrastructure demands;
.. . Clarifies the statutory authority of the state land planning agency and prohibits the
agency's use of non-rule policy in implementing growth management laws; and
. Revises proportionate fair share mitigation requirements to address the unintended impact
on sprawl, urban infill and redevelopment, and affordable housing. .'
Water & Sewer
The Florida League of Cities will support legislation that authorizes additional funding for
alternative water supply development by local governments, and will oppose legislation that
prohibits a local government from requiring mandatory connections to central sewer when it
becomes available.
,. '
,
.
Municipal Benefits and Retirement
The Florida League of Cities will support legislation that:
. Authorizes municipalities to establish investment standards for any pension plan consistent
with Chapter 212;
. Eliminates statutory provisions that require municipalities to provide or make available
health and other related benefits to retired employees; and
. Eliminates existing statutory restrictions on the use of Chapters 175 and 185 revenues
(insurance premium tax) and allows the increase in revenue caused by the insurance crisis to
help offset growing actuarial liabilities and to benefit the municipal taxpayers.
Transportation
The Florida League of Cities will support legislation that provides a dedicated and recurring
source of revenue, including municipal local option fuel taxes, rental car surcharges, or other
taxes or fees, for municipalities to fund transportation projects such as TRIP, urban arterial and
other projects. Furthermore, the existing distribution formula for local option transportation taxes
imposed by a county should be revised to allow for a more equitable distribution to municipalities
and provides for indexing of local option fuel tax.
The Florida League of Cities will support legislation that requires the Florida Department of
Transportation (FDOT) to obtain legislative approval to remove or delay projects contained in the
FDOT 5-Year Work Plan unless approved by the appropriate MPO, TPO and the affected local
. governments and such removal or delay will not adversely impact the comprehensive plans of the
local government entities. Furthermore, no new projects shall be' added to the FDOT 5- Year
Work Plan until all delayed projects are reincorporated in the subsequent 5- Year Work Plan.
The Florida League of Cities will support legislation that enhances the protection of life and
property by authorizing the use of electronic traffic infraction detectors at traffic intersections,
and the authority to assess fines to the oWner of any vehicle determined by such devices to have
violated traffic laws.
Cable Franchising
The Florida League of Cities will support legislation that preserves municipal authority to
franchise cable and video services.
Workers' Compensation for the First Responders
The Florida League of Cities will support legislation that provides a comprehensive and uniform
workers' compensation system for all municipal employees, regardless of employee
classification, at a reasonable cost to employers. '
Emergency Management
The Florida League of Cities will support legislation that mandates the Public Service
Commission be accountable to the needs of Florida's residents and ensures that the recovery of
.
"
losses due to natural disasters be apportioned fairly and equitably among all stakeholders of the
utilities.
The Florida League of Cities will support legislation that appropriates monies for grants to fund
hazard mitigation programs in local communities, loss prevention efforts, and the costs of un-
reimbursed hazard-related damages.
The Florida League of Cities will support legislation that modifies current law to require the
provision of alternate generated power sources by each corporation or other entity that owns five
(5) or more motor fuel retail outlets within a single county. Furthermore, the League supports
legislation to remove the preemption of local government authority to require alternate generated
power sources.
The Florida League of Cities will support legislation that develops and funds a statewide
information system permitting direct access by municipal and county Emergency Operations
Centers (EOCs).
School Board Meeting: AUQust 2. 2006 (Adopted)
SCHOOL DISTRICT OF PALM BEACH COUNTY
BOARD AGENDA ITEM SUMMARY
CONSIDER PRELIMINARY 2007 LEGISLATIVE PROPOSALS
I recommend that the School Board adopt preliminary Legislative Proposals for the regular
2007 Florida Legislative session and for presentation to the Palm Beach County Legislative
Delegation, other members of the Legislature, and to statewide education organizations for
support.
./ Proposed legislative priorities are being submitted at this time and reflect issues considered by
various statewide organizations such as the Florida School Boards Association (FSBA) and
South Florida School Boards Consortium (SFSBC).
./ The preliminary list of recommended priority issues is based on a review of the 2006
Legislative session and input from School Board members, district staff, and various local and
statewide organizations.
./ There are six proposed "Top Priority Issues" that are listed first. These are followed by
"Position Statements on Other Issues" that express a position the district would have should
the issue arise during the session. These priorities and positions may be modified or
augmented at any future time as desired by the School Board up to and during the 2007
Legislative Session.
./ Proposals adopted at this School Board meeting will be submitted formally to the Florida
School Boards Association, Greater Florida School Boards Consortium, Treasure Coast
school districts, and Florida Association of District School Superintendents for consideration.
They will also be submitted to all other School Boards and appropriate state organizations for
consideration of endorsement and support.
Further, they will serve as the basis for initial review as part of the joint School Board-Palm
Beach County Legislative Delegation meeting to be scheduled following the 2006 general
election in November.
.I "Talking Points" will be provided for each priority adopted by the School Board for use by
members and staff locally and statewide.
Board Goals:
Board Action:
Contacts:
Goals 1-8
Approval
Joseph Moore and Vernon A. Pickup-Crawford
FINANCIAL IMPACT - Financial impact will be determined after completion of the
2007 Legislature.
1
Preliminary 2007 State Legislative Proposals and Issues
School Board of Palm Beach County, Florida
Adopted August 2,2006
T OD Priority Issues
.h Hiah School Reform and Career Academies
a. Assure implementation of curricular pathways for career education that
provides for core course crossover credit between academic and career
programs with such credit being recognized by higher education
institutions; establish review of all secondary curricula for alignment to
the 16 national US Department of Labor occupational clusters;
b. provide for statewide articulation agreements for school districts,
community colleges and universities so that dual enrollment credit will
transfer to all state high education institutions;
c. Streamline state certification requirements to assure business/industry-
based professionals can be employed as career and technical education
teachers;
d. Restore career education funding for middle schools and restore 1998-
99 high school cost factors; reinstate funding for the ih period day in
order for students to meet the intent of A++ (HB7087) legislation passed
in 2006;
e. Eliminate glitch that allows a student to count both a core content course
and its make-up course as two credits, one core and one elective, but
continue previous course accrual wherein a student may retake a failed
or D-graded core course and get a single credit for the one with the
higher passing grade; and
f. Remove worker's compensation barrier precluding high school students
from interning in certain industries, such as construction, and allow a
school district-based responsibility, e.g., the current exception for Habitat
for Humanity.
!!.: School Construction Costs
a. Continue the increase in the current per pupil station caps for school
construction costs to reflect real market cost increases in steel and labor;
b. Revise the state's "Classrooms First" formula to become FTE-based so
that constitutional class size space requirements can be met in all school
districts;
c. Fund costs for constructing or retrofitting schools as hurricane shelters
which require portable power, potable water and increased protection
against higher windspeeds; and
d. Restore use of local two-mill capital funds for district vehicles, operating
system computer software purchases and leases, and property/casualty
insurance.
2
ill:. Florida Education Finance Proaram (FEFP)
a. Fully fund fifth year of Class Size Reduction (CSR) in addition to new
funds to meet student enrollment growth, fixed and inflationary cost
increases, and flexibility to meet local needs including salary increases;
b. Revise the Florida Price Level Index ratio to reflect the higher cost of
living, particularly housing, insurance and transportation costs in Palm
Beach County, South Florida and the Treasure Coast into an equitable
formula based on a fully independent study of the Florida Price Level
Index and a look at moving toward regional cost differentials;
c. Oppose any further use of state funds to equalize local discretionary
millage for operating or school construction until there is taxpayer equity
among counties, Le., local taxpayers are assessed similar dollars per
FTE among the 67 counties;
d. Combine local discretionary millages back into a single .75-mill rate,
capped at whatever district raises the most funds per FTE plus 5%;
e. Modify Exceptional Student Education Guarantee into a five-level cost-
factored program in lieu of a block grant so that ESE services receive the
same cost increases as the basic student;
f. Double state funding for safe schools to meet security and prevention
mandates ($7 million increase for PBSD);
g. Maintain and fully fund Transportation and Instructional Materials as
categorical programs;
h. Calculate district CSR progress based on third (October) and fourth
(February) FTE to give a better comparison of actual students and to
give districts adequate time to make any adjustments; and
L Abolish the 1998 block grant for adult basic and GED education and
reinstate funding on an FTE-generated formula tied to the Base Student
Allocation.
IV. HB1877. Backaround Checks
Refile and pass HB7117 (2006) that clarified the conditions and procedures
associated with the 2005 Jessica Lunsford Act (HB1877) that better defined
school grounds and focused on those contracted individuals who are both
on school grounds and have direct contact with students during school
hours.
v. Unfunded Mandates
a. New Mandates: Oppose any unfunded mandates or mandates where
money would be taken from other existing programs;
b. Existina Mandates: Provide full funding for existing mandates such as:
L the cost of building or modifying public schools as emergency
shelters when designated by the state;
ii. The cost of implementing curriculum and monitoring student
progress In programs such as Just Read Florida!, African and
African-American studies and the Holocaust;
3
iii. The cost of student transportation, especially to meet legislative
intent for school choice; and
iv. Instances when state and federal funds do not cover mandated
services for exceptional student education (ESE) pupils and local
revenues must be used to make up the difference.
Position Statements on Other Issues (if and when the issue may arise)
VI. Implement 2006 intent to use verifiable alternative assessments measures
as an alternative to FCA T in measuring and rating student progress by
individual student, teacher, school and district for annual learning gains. Of
particular note is diagnosing, monitoring, and measuring student annual
learning gains during the same school year. Such assessment shall have a
concordance equivalency of FCA T scoring levels. Require publishers to
share FCAT test item banks when requested by other districts.
VII. Governance
a. Reinstate ability by the Governor or Education Commissioner to waive
any statute, except for life safety, upon request of a local school board.
Such waivers may be valid for a period not to exceed three years;
b. Oppose any effort to subvert or by-pass the constitutional authority of
school boards or superintendents, including creation of sub-school
districts without school board approval, changing selection of school
board members from elected to appointed, eliminating school board
member salaries as constitutional officers, or requiring term limits for
school board members;
c. Oppose any constitutional amendment that would be based on a
population act to subdivide counties into multiple school districts;
d. Oppose any claims bill legislation that is not part of an agreed to
settlement by the School Board;
e. Oppose mandatory percentages of funding for instruction without
accompanying increases in state aid or abolishment of statutes dictating
operational functions; and
f. Remove school districts as fiscal agents and from any other
responsibility or obligation for charter schools approved by the "Schools
of Excellence" Commission (HB135, 2006).
VIII. Fundina - Florida Education Finance Proaram (FEFP)
a. Provide a financial incentive for successful inclusion of exceptional
student education pupils into regular classes which requires additional
staffing; and
b. Expand Corporate Income Tax credits for education to allow donations to
local education foundations that serve public schools.
4
IX. Curriculum. Instruction and Assessment
a. Require parents wishing to place their students in any state scholarship
(A+, McKay, Corporate Income Tax) to notify the district by June 1st of
the preceding year;
b. Raise accountability standards for all scholarship programs-A+ Plan,
Corporate Income Tax, McKay, etc.-so that the same level of student
and fiscal accountability "follows the dollar" as is currently required for
public schools; and
c. Require the Commissioner of Education in writing to notify parents of
McKay Scholarship recipients that McKay Scholarship providers are not
obligated to adhere to federal IDEA due process and IEP (Individual
Education Plan) protection for students and parents and require the
Commissioner to inform such parents of the IDEA protections and
processes which they may be waiving.
X. Voluntary Pre-kinderaarten Proarams
a. Fund a quality 180-day program with four (4) core hours of instruction
over a six (6) hour day with quality instructors (e.g., certified supervising
teachers and child development associates (CDA);
b. Count Pre-K programs as capacity when determining school facility
needs and utilization; and
c. Allow local flexibility with local dollars by local agencies to supplement
any state-funded program without penalty.
XI. Facilities
a. Provide contractor sales tax exemption on materials/supplies used in
school construction projects as cost savings to school districts;
b. Clarify current law to assure that any charter school using public school
as their facility shall be required to enroll a number of students at least
90% of the facility's state-rated capacity;
c. Clarify current law to assure school districts have absolute control over
property and land that it owns;
d. Reconcile conflicts in requirements for growth management
(Concurrency, Chapters 163/1013, F.S.), school choice, class size
reduction (SB30A) and educational facilities (Classroom size, capacity,
use of re-Iocatable classrooms, etc., Chapter 1013, F .S.) into a
seamless, non-conflicting policy for districts to follow;
e. Return full authority to school districts for demolition or removal from
campus of any facilities constructed with local dollars and institute a
reasonable request policy to the state for facilities constructed with state
funds that can supersede the FLDOE "Castaldi" life cycle rule; and
f. Allow school districts to adopt by majority vote an additional % cent sales
tax or half-mill levy for school construction to meet growth and school
concurrency requirements.
5
g. Allow School Districts to comply with one set of land development
regulations for all schools being constructed in the County to ensure
equity and to control the cost of construction.
XII. Human Resources
a. Extend general knowledge exam requirement from one year to full term
of temporary certification;
b. Eliminate the conflict between the statutes for personnel file and student
records, Le., the mandate that employees receiving student information
which is part of an investigation/discovery to which the employee has the
right to respond is maintained in confidence;
c. Provide flexibility to local districts in implementation of "pay for
performance" for teachers and other personnel so that performance may
also be based on learning teams as well as individual teachers; and
d. Modify Florida Retirement System (FRS) in one or more of the following
ways:
L Reduce calculation of retirement benefit from 5 to 3 "best years"
average;
ii. Over a reasonable period, increase retirement rate factor from
1.6% to 2% for each year of creditable service;
iii. Extend the 96-month DROP provision for instructional personnel
to school administrators, at the option of the district;
iv. Extend re-employment of instructional personnel within one year
of retirement to include school-based administrators, at the option
of the district;
v. Update the fiduciary study to consider full retirement after 25
years;
vi. Eliminate the 5%/year age penalty for those retiring with fewer
than 30 years under the age of 62.
For further information, contact:
Joseph Moore
Chief Operational Officer
(561) 434-8510
moorei@palmbeach.k12.fl.us
Vernon A. Pickup-Crawford
Consultant, Schoolhouse Consulting Group, Inc.
(561) 644-2439 (office/cell)
vacrawford@msn.com
Patricia O'Connell
Consultant, Capital City Consulting, LLP
(850) 222-9075
pocon n ell@capcitvconsult.com
(8/9/06)
6
Palm Beach County
Board of County Commissioners
Proposed FY 2007 STATE LEGISLATIVE PROGRAM
Palm Beach County's Top Three Priorities for the 2006 Le2:islative Session
1.
2.
3.
Property Tax Reform
Lake Region Water Treatment Plant (Water & Environment)
Unfunded Mandates/Cost Shifts (Local Control)
$ 3,500,000
Other Appropriations Priorities
4.
5.
6.
7.
8.
9.
10.
11.
Lake Worth Lagoon Partnership Grant Program (Water & Environment)
Beach & Inlet Management Project Appropriations (Water & Environment)
C-51 Sediment Management Program (Water & Environment)
Chain of Lakes Restoration (Water & Environment)
Transportation Funding SR 710 & SR 7 (Transportation)
DMV Facility Service/Mounts Botanical Garden (Transportation)
Florida Office of Homelessness (Health Care)
Juvenile Assessment Center (Public Safety)
$ 3,500,000
$ 14,106,150
$ 2,000,000
$ 2,000,000
$ 9,000,000
$ 1,900,000
Le2:islative Priorities
12. Article V (Public Safety)
13. Hurricane Relief Issues (Public Safety)
14. Traffic Safety Photo Enforcement (Public Safety)
15. Pawn Brokering (Public Safety)
16. Transportation Disadvantaged Programs/ F.S. Chpt. 427 and Medicaid Non-Emergency
Transportation Funding (Health Care)
17. Stem Cell Research (Health Care)
18. AIDS Testing for Jail Detainees (Health Care)
19. Trauma Care for Individuals in Multi County Areas (Health Care)
20. Towing Bill (Consumer Affairs)
21. Gas Tax Indexing (Local Control)
22. Gas Tax Funding for Boating Improvement
23. Public MarinalWorking Waterfront/Affordable Housing Property Tax Differential
24. Mobile Home Park Conversion and Relocation Issues
25. Governmental Indemnification
26. Planning Zoning & Building Issues
27. Airport Issues
Appropriation Support Issues
28.
29.
30.
31.
32.
33.
Loxahatchee River Initiative (Water & Environment)
Lake Okeechobee Scenic Trail (Water & Environment)
Florida Forever and Everglades Restoration (Water & Environment)
Glades General Hospital Replacement Facility (Health Care)
West Nile Prevention/Mosquito Control (Public Safety)
Canal Point Sanitary Sewer Expansion System
Lee:islative Support Issues
$ 3,254,000
$ 2,500,000
$ 2,000,000
34. Invasive Exotic Plant Control (Water & Environment)
35. Water Reservations (Water & Environment)
36. Total Maximum Daily Load Program (Water & Environment)
37. Water Conservation and Mandatory Rate Structures for Public Utilities (Water &
Environment)
38. Firework Safety Local Ordinances (Public Safety)
39. State Hospital Costs for Mentally III Inmates (Public Safety)
40. Juvenile Justice Issues (Public Safety)
41. Criminal Justice/Growth Management Issues (Public Safety)
42. Deadly Force Definition/ Use of Dart Firing Stun Guns (Public Safety)
43. Animal Care Definitions (Public Safety)
44. Exemption from Public Records for Animal Care and Control Officers (Public Safety)
45. State Library Funding (Workforce & Education)
46. Video Franchising
47. Parks and Recreation (Recreation)
48. County Maintenance Division as Contractors
49. Scanner Law
50. Definition of a Farm/Dumping of Manure (Agriculture)
51. Retinoblastoma (Health Care)
Palm Beach County's Top Three Priorities - 2007 Legislative Session
Pronertv Tax Reform
Backeround: Palm Beach County recognizes the need to explore real reforms to the existing
property tax structure in the State of Florida, and like most local governmental units in Florida,
has experienced first hand the effect of the Save Our Homes amendment. While residential
property values have soared, tax bills for long time homesteaded properties have increased at
about the rate of inflation. At the same time, assessments on non-homesteaded residential and
commercial properties have increased substantially. This has resulted in a shift in the percentage
of the overall tax burden from homesteaded property taxpayers to rental housing and other
commercial properties.
After careful consideration of various tax reform proposals, the County has developed the
following consensus recommendations to address inequities that now exist in the current
property tax and appraisal system.
. Commercial and rental property should be aS$essed based on the greater of its
current use based on an income approach or actual purchase price rather than a
higher assessment based on its potential for alternate development or redevelopment.
. The Florida Constitution should be amended to allow portability of the Save Our
Homes reduction on homesteaded properties.
. A Save Our Homes type of cap of 7-10% should be extended to other residential and
commercial properties.
. Palm Beach County recommends more consistency between Counties in the way that
property is assessed.
. Guidelines should be strengthened for obtaining an agricultural use assessment on
property.
. Palm Beach County does not support an increase in the $25,000 homestead
exemption.
. Palm Beach County does not support across the board revenue or expenditure caps.
The County has prepared a White Paper detailing the rationale behind each of these
recommendations.
PURPOSE: To address inequities in the current property tax and appraisal system.
BENEFIT: These proposed changes will help provide tax relief to both homesteaded and non-
homesteaded property owners and address the real issues associated with the current tax and
appraisal system.
FOR MORE INFORMATION:
Contact: Richard Roberts, Director, Office of Financial Management & Budget 561/355-
2580
1
Palm Beach County's Top Three Priorities - 2007 Legislative Session
Lake Reldon Water Treatment Plant
$3,500,000
BACKGROUND: The Lake Region Water Treatment Plant is a 10 mgd reverse osmosis water
treatment facility that will utilize an alternative water supply, the Floridan Aquifer, as a source of
water, replacing the three aging surface water treatment plants that are owned by the cities of
Belle Glade, Pahokee, and South Bay. Each of these facilities has been under consent orders in
the past due to poor water quality.
Hurricanes have severely affected water supply due to shifting water levels, sediment
suspension, and massive fish kills. In 2005, the Lake was plagued by algal blooms some of
which were suspected to toxic blue-green algae. From a public policy perspective, building one
regional plant rather than funding three separate plants makes better economic sense as a
consequence of the economies of scale.
Using reverse osmosis treatment of the brackish Floridan Aquifer instead of Lake Okeechobee
water will free up water for restoration of the Everglades ecosystem and assist the South Florida
Water Management District in meeting minimum flows and levels in Lake Okeechobee. The
LRWTP will produce a very high quality drinking water supply for the cities of Belle Glade,
Pahokee, and South Bay. This $58 million project (Treatment Plant, Pipeline, Supply Wells, and
Deep Well Injection Disposal Well) is partially funded through grant funding. The LRWTP is
located within a State of Florida Rural Area of Critical Economic Concern under Florida
Executive Order Number 01-26.
Palm Beach County requests a total of$3.5 million from the State of Florida Legislature for the
LRWTP. Palm Beach County requested $5.0 million in 2006 and received $4.0 million, bringing
the total funds received from State appropriation to $4.2 million. The total cost of the project is
approximately $58.0 million and includes contributions from Palm Beach County ($12.5
million), the SFWMD ($11.1 million), State appropriation ($4.2 million), the Florida Department
of Environmental Protection ($2.8 million), and federal funding support ($0.8 million).
Approximately $26.6 million is still needed to complete the funding for this project.
PURPOSE: Obtain funding for the Lake Region Water Treatment Plant for construction of the
new regional water plant.
BENEFIT: The Lake Region Water Treatment Plant would provide clean drinking water for the
cities of Pahokee, South Bay, and Belle Glade in the Western region of Palm Beach County;
provide additional water availability to Everglades Restoration.
FOR MORE INFORMATION:
Contact: Bevin Beaudet, Director, Water Utilities Department 561/693-6001
2
Palm Beach County's Top Three Priorities - 2007 Legislative Session
Unfunded Mandates/ Cost Shifts
BACKGROUND: The State Legislature has frequently passed legislation that compels local
governments to provide a service, program, or benefit without providing the appropriate funding
or a funding source. This compromises local governments' ability to provide services requested
by their local communities by diverting resources to these state-directed, unfunded mandates or
cost shifts. In addition, as more and more mandates are created, local governments are faced
with the burden of using local tax dollars to finance functions which they have little control over.
Quite often legislation is passed and these burdens to local government are overlooked or
ignored. During the 2001 Legislative session, the legislature shifted two days of funding
responsibility to the counties for funding Medicaid patient care. This amounted to a $715,000
state to county cost shift for Palm Beach County. During the 2002 Regular Session and Special
Session E, the legislature tried to shift a potential $48 million in additional Medicaid costs
associated with nursing home care. This measure was defeated; however, the Legislature has
directed a study to be conducted to determine the counties' share for Medicaid nursing home
costs. During the 2003 legislative session, a mandate was placed upon Palm Beach County,
despite repeated objections from the county, to fund over $4,200,000 for the operational and
capital expenses associated with the creation of the Regional Transit Authority. The 2004
legislature imposed a $4,800,000 cost shift to Palm Beach County to pay for costs associated
with Juvenile Justice pretrial disposition. During the 2006 legislative session, HB 293 shifted
future funding growth in communications tax revenue from cities and counties to fund fiscally
constrained counties. This amounted to a cost shift of approximately $1.2 million to Palm Beach
County and its municipalities. The state must do a better job of truthfully identifying costs to
local governments when passing new legislation and must provide funding or a funding source
for every legislative initiative that imposes a cost on counties. Palm Beach County will oppose
new unfunded mandates and unfunded state to county cost shifts.
PURPOSE: To improve the state's recognition of the costs imposed by unfunded mandates
and cost shifts, and to properly fund any new legislation which will create costs at the local level.
In addition, Cities and Counties hope to reverse last years communications cost shift by
substituting current funding source with general revenue dollars.
BENEFIT: Eliminating unfunded mandates is legislatively responsible and will ensure local
governments can plan more effectively to provide the most basic services to their citizens.
FOR MORE INFORMATION:
Contact: Richard Roberts, Director, Office of Financial Management & Budget 561/355-
2580
3
c?K
tf4
f,;.fCRA
DURAY BEACH
e.....,'" _1.twlLo..,.r ...f_'"
MEMO
From:
David Harden, City Manager
Diane Colonna. CRA Executive Director IU~\Q QJtz,v'\ """\
November 20, 2006
To:
Date:
RE:
Appointment of CRA ChairNice Chair
Florida StaMes Chapter 163.356(c) states that the governing body of a municipality is to
designate the Chairman and Vice Chairman of the CRA Board. The CRA Board appoints its
own First Vice Chairman and Treasurer.
With the recent passing of Lamar Shuler the office of Chairperson has been vacant. Frank
Wheat is the current Vice Chairman, Howard Lewis is the First Vice Chairman, and Evelyn
Dobson is the Treasurer.
Please place the appointment of a new Chairman and Vice Chairman on an upcoming City
Commission meeting agenda. Attached is a list of current members and their terms.
Thank you for your consideration of this matter.
c: Chevelle Nubin, City Clerk
20 N. Swinton Avenue. Delray Beach, Florida 33444
561-276-8640 . Fax 561-276-8558
q.G
Delray Beach
Community Redevelopment Agency
Board of Commissioners
Evelyn Dobson, Treasurer
(7/05 - 7/09)
130 NW 3RD Avenue
Delray Beach, FL 33444
~ce - 994-1788
Fax - 912-9076
Home - 276-3593
Email-evelyn@casmanagement.com
Peter B. Arts
(7/05 - 7/09)
1746 Fern Forest Place
Delray Beach, FL 33445
Office - 395-1433
Fax - 395- 4755
Home - 637-3640
Email-peter@plastridge.com
Thomas F. Carney, Jr.
(7/03 - 7/07)
Carney Legal Group, P .A.
901 George Bush Blvd.
Delray Beach, FL 33483
~ce - 330-8140
Home - 272-5010
Cell - 706-7448
Fax - 330-8233
Email -tfcarneyjr@hotmail.com
William (Bill) Branning
(5/06 - 7/08)
BSA Contractors
9 NE 2nd Avenue
Delray Beach, FL 33444
~ce - 272-6350
Cell - 350-7552
Fax - 272-7440
Email-bbranning@bsacontractors.com
Howard Lewis. First Vice Chairman
(4/03 - 7/06)
Amoco
725 West Atlantic Avenue
Delray Beach, FL 33444
~ce - 276-5183
Home - 498-3651
Cell- 271-1975
(No Fax)
hbllewis@bellsouth.net
J:!a!!
David Tolces
Goren, Cherof, Doody & Ezrol
3099 E. Commercial Boulevard
Suite 200
Fort Lauderdale, FL 33308
~ce(561)276-9400
Fax: (954) 771-4923
dtolces@cityatty.com
Frank Wheat, Vice Chairman
(4/03 - 7/06, 7/05 - 7/09)
Gringle, Doherty & Wheat
700 East Atlantic Avenue
Delray Beach, FL 33483
~ce - 278-2628
Home - 737-3600
Cell - 859-3866
Fax - 278-8688
Email -fwheato2@bellsouth.net
Revised 10/06
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER zP1
AGENDA ITEM # 1<D. A-REGULAR MEETING OF DECEMBER 5, 2006
ORDINANCE NO. 59-06
FROM:
SUBJECT:
DATE:
DECEMBER 1,2006
This ordinance is before Commission for second reading and quasiiudicial hearing for a privately
sponsored Future Land Use Map amendment (small-scale) from CF (Community Facilities) to LD
(Low Density Residential 0-5 duj ac) for a 9.00 acre portion of the Christ the King Monastery of St.
Clare and rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential).
At the ftrst reading on November 21,2006, the Commission passed Ordinance No. 59-06.
Recommend approval of Ordinance No. 59-06 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 59-06 Christ the King St Clare Monstery 2nd Reading 12.05.06.doc
FROM:
DAVIDT.H~CI M N~GER
JASMIN ALLEN, PLANNER W~ ~
MEETING OF NOVEMBER , 2006
PRIVATELY SPONSORED FUTURE LAND USE MAP AMENDMENT (SMALL SCALE)
FROM CF (COMMUNITY FACILITIES) TO LD (LOW DENSITY RESIDENTIAL 0-5
DUlAC) FOR A 9.00 ACRE PORTION OF THE CHRIST THE KING MONASTERY OF
ST CLARE AND REZONING FROM CF (COMMUNITY FACILITIES) TO R-1-AA
(SINGLE FAMILY RESIDENTIAL)
TO:
THRU:
SUBJECT:
The subject property is located 125 feet south of Sherwood Boulevard, approximately 650 feet east of
Military Trail, and to the rear (east) of the Emmanuel Catholic Church. The proposal involves 9.00 acres
of the 10.98 acre Christ the King Monastery of St. Clare site which was originally constructed in the late
1960s as a monastery for the Poor Clare Nuns.
With adoption of the Comprehensive Plan in 1989, the subject property was designated CF (Community
Facilities) on the Future Land Use Map. Subsequently, with the Citywide rezoning in October 1990, the
property was rezoned from R-1-AAA-B to CF Community Facilities.
At its meeting of January 11, 2006, the Site Plan Review and Appearance Board approved a Class V site
plan to allow the construction of a new Monastery for the Poor Clare Nuns, which included a sanctuary,
living quarters, and administration offices. Subsequent to the site plan approval, it was determined that
the cost to build and maintain the proposed facility was prohibitive and the development proposal was
abandoned.
On August 21, 2006, the Planning and Zoning Board considered a request for a Future Land Use Map
(FLUM) amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and a
rezoning from CF (Community Facilities) and R-1-AAA-B (Single Family Residential) to PRD-5 (Planned
Residential Development - 5 units per acre). At that meeting, there was significant public comment
opposing the proposed PRD (Planned Residential Development) zoning category. Following public
testimony, the Board continued the petition at the request of the applicant in order for the applicant to
work with the neighborhood groups.
On September 22, 2006, revised petitions were submitted. The new petitions involve amending the
Future Land Use Map designation from CF (Community Facilities) to LD (Low Density Residential 0-5
du/ac) and rezoning from CF (Community Facilities) to R-1-M for a 9.0 acre portion of the overall site.
With the revised petition, the single family zoned parcels located along Sherwood Boulevard would retain
their current R-1-AAA-B zoning classification and a portion of the site (the northwest corner) would retain
its CF (Community Facilities) zoning classification as this portion of the site would accommodate the
relocated monastery use.
At its meeting of October 16, 2006, the Planning and Zoning Board held a public hearing to consider the
request for Future Land Use Map amendment (small-scale) from CF (Community Facilities) to LD (Low
Density Residential 0-5 du/ac) and a rezoning from CF (Community Facilities) to R-1-M (Single Family
Residential) for the subject property. Staff recommended approval of a compromise which required the
modification of the request to provide R-1-AAA-B lots along the east property line where they
{2, . A
City Commission Documentation
Meeting of November 21 , 2006
Christ The King Monastery of St Clare Future land Use Map Amendment and Rezoning
Page 2
immediately abut R-1-AAA-B lots within the Sherwood Park Subdivision. There was considerable public
testimony. Several residents spoke in opposition to the requested R-1-AA zoning district and requested a
proposed zoning of R-1-AAA-B; or a combination of R-1-AA and R-1-AAA-B. The residents also voiced
concerns with respect to the traffic to be generated by the development and its impacts on the adjacent
neighborhood street system and requested that access be obtained to Military Trail via the Emmanuel
Catholic Church site. The Board discussed the proposal and offered the following comments, namely,
that they hoped some compromise could have been reached and that from a zoning perspective, the
proposed zoning is compatible; that access/egress was a major concern and had hoped that access via
Emmanuel Catholic Church had been more vigorously pursued; and that without a direct access to
Military Trail, the proposed subdivision will be an extension of the neighborhood as oppose to standing
on its own. After discussing the proposal, the Board voted 5 to 0, to recommend that the request be
denied based upon findings that the request is inconsistent with the Comprehensive Plan, and does not
meet the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations.
Move a recommendation of approval the Future Land Use Map amendment from CF (Community
Facilities) to LD (Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-
AA (Single Family Residential) for 9.00 acres of land lying within Christ the King Monastery of St Clare 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 the criteria set forth in Sections 3.1.1, 3.2.2, and
2.4.5(D)(5) of the Land Development Regulations and that to ensure compatibility, approval shall be
conditioned upon the perimeter lots 4,9 and 10, as shown on the attached Exhibit "A", being a minimum
size of 12,500 sq. ft. each and that the remaining property, not including lots 4, 9 and 10, consist of no
more than 26 lots, meeting at least the minimum standards of the R-1-AA zoning requirements.
Attachments: Planning and Zoning Board Staff Report of October 16, 2006
Ordinance # 59-06
ORDINANCE NO. 59-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSNE
PLAN FROM CF (COMMUNITY FACILITIES); TO LD (LOW
DENSITY RESIDENTIAL 0-5 DU/ AC); ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND
PLACING LAND PRESENTLY ZONED CF (COMMUNITY
FACILITIES); TO R-l-AA (SINGLE FAMILY RESIDENTIAL)
DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED 125
FEET SOUTH OF SHERWOOD BOULEVARD, APPROXIMATELY
650 FEET EAST OF MILITARY TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE
DATE.
WHEREAS, Christ the King Monastery of St Clare, Inc., is the fee simple owner of a 9.00
acre parcel of land located on 125 feet south of Sherwood Boulevard, approximately 650 feet east of
Military Trail; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation ofCF (Community Facilities); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned CF (Community Facilities)
District; and
WHEREAS, at its meeting of October 16, 2006, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to
o to recommend that the requests be denied, based upon a failure to make positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are not consistent with and
does not further the 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 with the addition of conditions as permitted by Section
2.4.4 of the Land Development Regulations and as set forth below; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
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 Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0-5 dulac).
Section 3. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of R-1-AA District for the following
described property:
The East 573.0 feet of the West 1285.0 feet of the South 760.0 feet of the North 1595.0 feet
of the South half of Section 24, Township 46 South, Range 42 East, Palm Beach County,
Florida, less the West 110.0 feet of the North 394.75 feet thereof.
Section 5. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 4 hereof.
Section 6. That pursuant to Section 2.4.4 of the Land Development Regulations, to ensure
compatibility, this Ordinance shall be conditioned upon the perimeter lots 4, 9 and 10, as shown on
the attached exhibit "A", being a minimum size of 12,500 sq. ft. each and that the remaining
property, not including lots 4, 9 and 10, consist of no more than 26 lots, meeting at least the
minimum standards ofthe R-1-AA zoning requirements.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
2
ORD NO. 59-06
Section 8. 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 affect the validity of the entirety of this ordinance, and this ordinance shall be deemed
null and void.
Section 9. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard
Oaks Boulevard, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of ,200_
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD NO. 59-06
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
October 16, 2006
IV.A
Future Land Use Map amendment from CF (Community Facilities) to LD (Low
Density Residential 0-5 du/ac) for a 9.00 acre portion of the Christ the King
Monastery of St Clare and rezoning from CF (Community Facilities) to R-1-M
(Single Family Residential) (Quasi-Judicial Hearing).
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant......................... Christ the King Monastery of
St Clare
Sister M. Veronica Butler
Jess Sowards
Located 125 feet south of
Sherwood Boulevard and
approximately 650 feet east
of Military Trail
Property Size.............................. 9.00 Acres
Future Land Use Map................ CF (Community Facilities)
Current Zoning............................ CF (Community Facilities)
Proposed Future Land Use Map LD (Low Density Residential
0-5du/ac)
R-1-M (Single Family
Residential)
Adjacent Zoning................North: R-1-AAA-B (Single Family
Residential)
East: R-1-AAA-B (Single Family
Residential) in part and OSR
(Open Space and Recreation)
in part
South: OSR (Open Space and
Recreation) in part and CF
(Community Facilities) in part
CF (Community Facilities)
Church Monastery
Construction of 29 single
family residences
Water Service............................. Extension of water mains
from Sherwood Boulevard or
the Emmanuel Catholic
Church.
Sewer Service............................. Extension of sewer mains
from Sherwood Boulevard or
Sutton Place.
Applicant................................... .
Agent......................................... .
Location..................................... .
Proposed Zoning
West:
Existing Land Use......................
Proposed Land Use....................
lAKCIIEW
GaF COURSE
DUHCAN
CENTER
'" SOUJJ/ COUNTY
5: IlENTAL HEALTH
III CENTER
SOUfH COUNTY PROF.
CENTRE CONDO
IV. A
The action before the Board is making a recommendation to the City Commission on a privately
initiated Small-scale Future Land Use Map (FLUM) amendment from CF (Community Facilities) to LD
(Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-M for a 9.00
acre portion of Christ the King Monastery of St Clare. The subject property is located 125 feet south of
Sherwood Boulevard, approximately 650 feet east of Military Trail, and to the rear (east) of the
Emmanuel Catholic Church.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall
review and make a recommendation to the City Commission with respect to all amendments to the
City's Future Land Use Map and rezoning of land.
Christ the King Monastery of S1. Clare is located on a 10.98 acre parcel at the southwest corner of
Sherwood Boulevard and Sutton Place. The facility was originally constructed in the late 1960s. With
adoption of the Comprehensive Plan in 1989, the subject property was designated CF (Community
Facilities). With respect to the zoning history of the property, prior to October 1990, the zoning was R-
1-MA-B. With the Citywide rezoning in October 1990, the property was rezoned to CF Community
Facilities.
With respect to development activity, at its meeting of January 11, 2006, the Site Plan Review and
Appearance Board approved a Class V site plan to allow the construction of a new Monastery for the
Poor Clare Nuns, which included a sanctuary, living quarters, and administration offices. Subsequent
to the site plan approval, it was determined that the cost to build and maintain the proposed facility
was prohibitive and the development proposal was abandoned.
On August 21, 2006, the Planning and Zoning Board considered a request for a Future Land Use Map
(FLUM) amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and a
rezoning from CF (Community Facilities) and R-1-MA-B (Single Family Residential) to PRD-5
(Planned Residential Development - 5 units per acre). At that meeting, there was significant public
comment opposing the proposed PRO (Planned Residential Development) zoning category. Following
public testimony, the Board continued the petition at the request of the applicant in order for the
applicant to work with the neighborhood groups.
On September 22, 2006, revised petitions were submitted. The new petitions involve amending the
Future Land Use Map designation from CF (Community Facilities) to LD (Low Density Residential 0-5
du/ac) and rezoning from CF (Community Facilities) to R-1-M for a 9.0 acre portion of the overall site.
With the revised petition, the single family zoned parcels located along Sherwood Boulevard would
retain their current R-1-MA-B zoning classification and a portion of the site (the northwest corner)
would retain its CF (Community Facilities) zoning classification.
Florida Statutes 163.31873 - Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant
to Florida Statutes 163.3187. This statute states that local government Comprehensive Plan Future
Land Use Map amendments directly related to proposed small scale development activities may be
approved without regard to statutory limits on the frequency of consideration of amendments (twice a
year), subject to the following conditions:
P & Z Board Staff Report October 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 2
o The amendment does not exceed 10 acres of land;
o The cumulative effect of the amendments processed under this section shall not exceed 120
acres within designated redevelopment and traffic concurrency exception areas, or 60 acres
annually in areas lying outside the designated areas;
o The proposed amendment does not involve the same property, or the same owner's property
within 200 feet of property, granted a change within a period of 12 months;
o That if the proposed amendment involves a residential land use, the residential land use has a
density of 10 units or less per acre;
o The proposed amendment does not involve a text change to the goals, policies, and objectives
of the local government's comprehensive plan, but only proposes a land use change to the
future land use map for a site-specific small scale development activity; and,
o The property that is the subject of a proposed amendment is not located within an area of
critical state concern.
The Future Land Use Map amendment involves a 9.00 acre portion of the overall 10.98 acre parcel.
Thus, the total area is less than the 10 acre maximum. The proposed amendment to LD (Low Density
Residential 0-5 du/ac) is less than the maximum 10 dwelling unit per acre limit set for residential land
uses. The property is not located within a designated redevelopment, urban infill, downtown
revitalization, or traffic concurrency exception area. This amendment along with other small-scale
amendments processed this year, outside the designated areas, will total 11.55 acres which will not
exceed 60 acres. The property has not previously been considered for a land use map amendment
nor has the same property owner's properties, within 200 feet, been granted a land use change, within
the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not
located within an area of critical state concern.
Pursuant to land Development Regulation 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 current CF zoning designation and CF (Community Facilities) Future Land Use Map designation
does not allow residential use. The Future Land Use Map amendment and rezoning is being sought to
accommodate a future single family development on the site. The proposed R-1-M (Single Family
Residential) allows single family residences as principal use per LDR Section 4.4.3(8). Table L-7
"Land Use Designation/Zoning Matrix," of the Future Land Use Element, shows that the R-1-M
zoning district is consistent with the LD Future Land Use Map designation. Thus, positive findings can
be made regarding consistency of the FLUM.
REQUIRED FINDINGS:
Future land Use Element Policv A-1.7: Amendments to the Future land Use Map must be
based upon the following 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, or similar
circumstances. The need must be supported by data and analysis. This policy shall not
apply to requests for the FlUM designations of Conservation or Recreation and Open
Space.
The applicant has provided the following justification statement:
P & Z Board Staff Report October 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 3
"The need for this application to request a land use amendment from CF to LD is due to changes in
availability of land. When the original comprehensive plan for the City of Delray Beach was
adopted, this property was owned and used by Christ the King Monastery of St Clare, Inc. and
received the classification of the designation of Community Facilities- Conference Center/Other.
The original 34,060 sq. ft. building, built in 1967 on an 11.63 acre tract is in deplorable condition
including water damage. Based upon the required repairs and complying with current building
codes, it was determined that the existing facility should be demolished.
In 2003, a new 7,750 sq. ft. residence for retired priests was built on a .65 acre piece parceled out
of the original 11.63 acres. However, due to changing trends and conditions in their circumstances,
the Poor Clare Nuns are now proposing to abandon the existing facility which they can no longer
maintain. In addition to the retired priest residence an additional residence of approximately 8,500
sq. ft. is being proposed for the nuns. To accommodate this addition and provide open space for
the new facility, the property size will be increased from .65 acres to 0.99 acres, leaving a large
undeveloped parcel of approximately 9.00 acres available once the original facility is demolished.
Proposed for the 9.00 acres balance are 25 to 29 single family lots. This would be a density
substantially less than 5 units per acre.
The requested designation of LD is consistent with the predominately residential community goal of
the adopted Comprehensive Plan, consistent with the objective to compliment adjacent land uses
and fulfill policies by providing a variety of housing types to accommodate the diverse makeup of
the City's demographic profile to meet housing need.
A traffic statement has determined that the parcel, completely built out, will still meet concurrency
standards.
According to the FLUM map, the subject property is currently surrounded on the north and a
portion of the east by LD (Low Density 0-5 units per acre), on the east and south by OS (Open
Space - Lake View Golf Course) and on the west by CF (Community Facilities)- church property.
Therefore the land use designation of LD would be appropriate and compatible with existing and
future land uses of the surrounding properties. Development under the requested designation will
comply with the provisions and requirements of the Land Development Regulations. "
The requested FLUM amendment is based on the changes in the availability of land. The current
CF Future Land Use Map designation was tied to a specific existing use on the subject property.
Since this existing use is being relocated and constructed as a smaller facility on a 0.99 acre
portion of the subject property, the remaining 9 acres will be available for new development. Since
the current zoning and Future Land Use Map designation will not allow single family residential
development, which is the prevailing land use in the area, the changes are being sought. Given
the specific nature of the CF (Community Facilities) category and the fact that the specific use will
no longer be on the majority of the site, the change is warranted. Therefore, positive findings 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.
Future Land Use Element Policv 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.
P & Z Board Staff Report October 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 4
The subject site is partially vacant. With the proposed demolition and reconstruction of the
monastery, 9.00 acres of the site will be available for development. The proposed LD (Low
Density Residential 0-5 du/ac) is consistent with the surrounding Future Land Use designations.
The property is surrounded on the north and east by single family residences, on the west by the
Emmanuel Catholic Church and on the south and a portion of the east property line by the
Lakeview Golf Course. The FLUM designation of the surrounding properties is LD (Low Density
Residential 0-5 du/ac) for the residential uses, CF (Community Facilities) for Emmanuel Catholic
Church, and OS (Open Space) for the Lakeview Golf Course. As stated in the above policy,
development 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 of platting for single family developments.
Housina Element Obiective A-3: For those areas identified as "stable residential" on the
Residential Neighborhood Categorization Map, the City shall implement the following policies to
ensure that they remain stable and do not decline:
Housina Element Policv A-3.2: The most restrictive residential zoning district that is applicable
given existing development patterns and typical lot sizes shall be applied to these neighborhoods
and affixed to the zoning map. Requests for rezonings to a different zoning designation, other than
Community Facilities, Open Space, Open Space and Recreation and Conservation shall be
denied.
The subject property is not identified as "stable" on the Residential Neighborhood Categorization
Map. The "stable" designation covers a broad area to the north and east of the site and at the
time, the designation was applied, the subject parcel was zoned CF and the monastery was not
considered residential. Therefore, the subject property is not subject to this provision. However,
consideration should be given to the compatibility of the proposal with respect to the prevailing
land uses. The following table details the lot size and dimensions of the surrounding residential
properties:
Location Land Use Zoning Existing Lot
Classification Area
North side of subject Undeveloped R-1-AAA-B 12,500 sq. ft.
property (south side
of Sherwood Blvd)
North side of Single Family R-1-AAA-B 18, 500 sq. ft. - 100' - 190' 185'
Sherwood Blvd. West Residential 35,150 sq. ft.
of Sutton Place
East side of property Single Family R-1-AAA-B 12,500 sq. ft. 100' 125'
North hal Residential
To the immediate north of the subject property, the lots fronting on the south side of Sherwood
Boulevard are owned by Christ the King of St Clare, Inc. and are proposed to retain the R-1-AAA-
B zoning classification. The proposed lots in the R-1-AA zoning, requested for the remaining 9.00
acres, will have a minimum lot area of 9,500 sq. ft. and minimum lot dimensions of 75'x100'
(interior lots) and 95'x100' (corner lots). The applicant is proposing lot sizes ranging from 9,545 sq.
ft. to 11,875 sq. ft. These lot sizes are slightly smaller than the surrounding lots which have a
minimum required dimension of 100' x 110'. It is recommended that the exterior lots immediately
adjacent to the abutting residential properties be increased in size to meet the minimum required
dimensions of 100' x 110' and a required minimum area of 12,500 sq. ft. This would require
reconfiguration of proposed Lots 4, 9, and 10 and/or modification to a zoning classification of R-1-
AAA-B for those lots. It is noted that the proposed Future Land Use Map change is from a non-
P & Z Board Staff Report October 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 5
residential land use designation (CF) to a residential designation (LD) which is the same as the
adjacent "stable" residential neighborhood.
Housina Element Policv A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall
be reviewed in terms of their potential to negatively impact the safety, habitability and stability of
residential areas. If it is determined that a proposed development will result in a degradation of
any neighborhood, the project shall be modified accordingly or denied.
Compared to the potential for the existing monastery, the proposed new development will
decrease the traffic in the surrounding area by 8 ADT (Average Daily Trips), but will increase the
PM peak hour trips by 14. This increase is not substantial and should not negatively impact the
traffic patterns in the area. The proposed single family will have little impact on the surrounding
area with regard to noise, odors, dust, and/or circulation patterns. The applicant has two access
points to the development, one at the western end of Lakeview Boulevard and the other on
Sherwood Boulevard. To minimize the impact on Sherwood Boulevard, it is important to note that
the access will provide two-way access to the proposed monastery and then narrow to provide an
inbound, one-way access only to the proposed residential development. This traffic circulation
pattern has been proposed to address neighborhood concerns over the project's traffic impacts.
Providing an entrance only would reduce the number of trips coming from Military Trail that would
be required to access the subdivision via Sutton Place.
o Concurrency -- Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves the FLUM amendment of 9.00 acres from CF to LD. At the maximum
density allowed under the LD FLUM designation (5 units per acre), it would be possible to
construct 45 units. While the proposed development scenario will only contain a total of 29 single
family homes, the maximum number of units (9.00 acres x 5 du/ac = 45 units) which may be
accommodated under the LD FLUM designation has been analyzed for concurrency purposes.
Traffic: The trip generation according to Table 10-8-3 "Fair Share Road Impact Fee Schedule"
Palm Beach County Traffic Performance Standards Ordinance for single family units is 10 ADT
(Average Daily Trips). Therefore, the redevelopment could generate a total of 450 ADT (Average
Daily Trips). It is noted that the existing use generates 328 trips (potential), resulting in a net
increase of 122 ADT. Since the most intensive use of the property under the proposed future land
use designation would generate less than 200 new ADT, a traffic study is not required. A copy of
the submitted traffic statement has been transmitted to the Palm Beach County Traffic Division for
review. A letter from the Palm Beach County Traffic Division stating that the proposal complies
with the Palm Beach County Traffic Performance Standards Ordinance must be received prior to
subdivision plat approval. Given the level of service of the adjacent roadways, no issues with
respect to the ability of the project to meet traffic concurrency are anticipated. Based upon the
above condition of approval being addressed, a positive finding with respect to traffic concurrency
can be made.
Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the
County at its current LOS of 1.99 tons per year for single family units for the life of the existing
landfill, which is anticipated for the year 2021. Under the maximum units which can be developed,
(45 single family units), the project would generate 89.55 tons per year. The potential annual solid
generation of the existing use is 102.7 tons. Consequently, the proposed FLUM amendment will
reduce the solid waste generation by 13.15 tons.
P & Z Board Staff Report October 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 6
Water & Sewer: Water service is currently provided via a 4" main from the Emmanuel Catholic
Church located to the west. This main will not be adequate to serve the proposed development
and thus the extension of either the 8" water main located along the north side of Emmanuel
Catholic Church or the 6" mains along Sherwood Boulevard and Sutton Place will be required.
Sewer services can be provided via the extension of the existing 8" sewer mains located within
Sherwood Boulevard and Sutton Place rights-of-way. Pursuant to the 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.
Parks and Recreation: 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 unit. Based upon the maximum development potential under the LD FLUM designation of 45
dwelling units, a park impact fee of $22,500 will be required.
Schools: The Palm Beach County School District must approve the development proposal for
compliance with the adopted Level of Service for School Concurrency. A School Concurrency
approval has been received for up to 48 single family homes.
o Compatibility -- The requested designation will be compatible with the existing and future
land uses of the surrounding area.
As stated above the property is surrounded on the north and east by single family residences, on
the west by the Emmanuel Catholic Church and on the south and a portion of the east property
line by the Lakeview Golf Course. The FLUM designation of the surrounding properties is LD (Low
Density Residential 0-5 du/ac) for the residential uses, CF (Community Facilities) for Emmanuel
Catholic Church, and OS (Open Space) for the Lakeview Golf Course.
The requested designation of LD is compatible with the adjacent residential Future Land Use Map
designation. Therefore, positive findings with respect to compatibility can be made. The
conceptual plan indicates the development of 29 single family lots for the subject property. It is
recommended that the single family lot sizes lying adjacent to the existing single family residences
(Lots 4, 9, and 10) be increased to the minimum required in the R-1-AAA-B (100' x 110' with a
required minimum area of 12,500 sq. ft.) to enhance compatibility.
o Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Development of the property will occur in accordance with the City's Land Development
Regulations during the platting review process.
Within the R-1-M zoning district, single family detached dwellings are permitted as a principal use.
The applicant has submitted a conceptual plan that complies with the minimum lot dimensions
required in the R-1-M zoning category. However, as stated above additional consideration must
be given to providing larger sized lots along the eastern perimeter, where adjacent to existing
single family dwellings on larger lots. With the above modification, a positive finding with respect to
compliance with the Land Development Regulations can be made.
P & Z Board Staff Report October 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 7
Reauired Findinas: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record. This
may be achieved through information on the application, the Staff Report or Minutes. Findings
shall be made by the body, which has the authority to approve or deny the development
application. These findings relate to the 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.
Consistency: Compliance with the performance standards set forth in Section 3.2.2
(Standards for Rezoning Actions), along with the required findings in Section 2.4.5{D) (5)
(Rezoning Findings), 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.
Section 3.2.2 (Standards for Rezonina Actions): Standards 8, C and E are not applicable with
respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as
follows:
(A) The most restrictive residential zoning district that is applicable given existing
development patterns and typical lot sizes shall be applied to those areas identified as
"stable" and "stabilization" on the Residential Neighborhood Categorization Map.
Requests for rezonings to a different zoning designation, other than Community
Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied.
· The surrounding residential area has been identified as stable on the Residential Neighborhood
Categorization Map. The adjacent residential properties are zoned R-1-AAA-B (Single Family
Residential) and lie along the north and a portion of the east perimeter. The other adjacent
zonings include OSR (Open Space and Recreation to the east and south and CF (Community
Facilities) to the west and south. The "stable" designation is not applied to this property, as the
subject parcel was zoned CF, therefore this standard does not apply. Further, the proposed
change for 9 acres of the property is from a non-residential zoning district to a residential district
which is more in keeping with the adjacent "stable" residential designation. However, as noted in
the balance of this report, lot sizes around the perimeter of the site should be increased to be
consistent with adjacent lot sizes. It is recommended that these changes be incorporated in a
subdivision plat and that the plat be approved concurrently with the concurrently with the effective
date of the rezoning ordinance.
(D) That the rezoning shall result in allowing land uses which are deemed compatible with
adjacent and nearby land uses both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly mitigate adverse impacts from
the new use.
P & Z Board Staff Report October 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 8
The following zoning designations and uses border the property:
Direction
Zonina
Uses
North
West
South
East
R-1-AAA-B
CF
OSR & CF
OSR & R-1-AAA-B
Single Family Residential
Emmanuel Catholic Church
Lakeview Golf Course and Duncan Center
Lakeview Golf Course and Single Family
The "Purpose and Intent" of all Single Family zoning districts under Section 4.4.3(A) states:
"The Single Family Residential Districts have been created in order to provide areas where the
traditional single family detached residences can be established and maintained and be
protected from the unwarranted intrusion of other inappropriate uses. Further, the Single
Family Residential Districts are established in compliance with provisions of Goal Area ''A'' of
the Comprehensive Plan which calls for the preservation and maintenance of stable
neighborhoods. "
As stated above, the proposed R-1-M Single Family Residential zoning district is consistent
with the proposed LD (Low Density Residential 0-5) FLUM designation. Based on a minimum
lot size of 9,500 square feet, the maximum density allowed under the R-1-M is 4.5 units per
acre (however, actual densities are reduced to accommodate roadways). Conversely, the
maximum density within the R-1-AAA-B is 3.48 units per acre, based on a minimum lot size of
12,500 square feet. Based solely on average lot sizes (again absence of adjustment for
roadways) the densities within the surrounding neighborhood are 4.5 units in the R-1-M
section of the Lakeview neighborhood and vary between 2 units per acre to 3.48 units per acre
in the R-1-AAA-B sections.
A comparison of the lot development standards pursuant to LDR Section 4.3.4(K) is provided
below:
SETBACKS
MINIMUM LOT LOT MINIMUM MINIMUM SIDE SIDE
LOT WIDTH LOT FRONTAGE FLOOR OPEN FRONT STREET INTERIOR
SIZE IIC DEPTH IIC AREA SPACE 1 &213 (7) 1&2/3 (7) 1 &213 (7) REAR HEIGHT(4)
(sq. ft.) (ft.) (ft.) (ft.) (sq. ft.) (ft.) (ft.) (ft.) (ft.) (ft.)
IR.1.AAAB 12,500 100 110 100 1,500 25% 35 17 12 12 35
IR.1.AA 9,500 75/95 100 75195 1,500 25% 30 15 10 10 35
While the development standards differ with respect lots sizes and setback requirements,
elements such as the minimum floor area, open space and height requirements are the same
for both zoning districts. As noted previously, the existing lots fronting on the south side of
Sherwood Boulevard which are owned by Christ The King Monastery of St Clare, Inc. will
remain R-1-AAA-B. Additionally, it is recommended that the lot sizes adjacent to the existing
single family residences on the east side of the property be increased to a minimum of 12,500
square feet in order to enhance compatibility with the existing single family neighborhood to
east.
The adjacent neighborhoods which will be most impacted by this zoning change are the
Sherwood Park and Lakeview Subdivisions. While the Sherwood Park Subdivision is zoned R-
1-AAA-B, the Lakeview Subdivision is comprised of both the R-1-AAA-B and R-1-M zoning
classifications.
P & Z Board Staff Report October 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 9
CHRIST
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Zonina Map of Surroundina Subdivisions
The difference in these zoning classification have existed in the neighborhood since the 1960's
and have not created any negative impact with respect to property values or traffic impacts.
Attached is a comparison of the appraised property values between the R-1-AM-B and R-1-
AA zoning district sections of the surrounding neighborhood. No appreciative difference is
shown between the two zoning districts.
Section 2.4.5(0) (5) (Rezonina Findinas):
Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Section 3.1.1, 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.
In the rezoning application, the applicant has indicated that there has been a change in circumstances
which makes the current zoning inappropriate. The applicant states:
"There has been a change in zoning which makes the current zoning inappropriate. The 40
year old monastery is in deplorable condition including water damage. Since it is too costly to
make repairs and maintain, the nuns in residence are proposing to demolish the facility and
move to a smaller site thus making 9.00 acres of vacant land available for development. Single
family residential (R-1-AA) is similar to the existing CF zoning in intensity but more appropriate
to the adjacent areas. Examples of allowable uses in CF are clubs and lodges, abused
spouse residences, child day care centers, community centers and swim and tennis centers.
The proposed zoning change is contiguous to a City owned golf course, the new location for
the nuns, Emmanuel Catholic Church's retention pond and the single family residential uses. "
P & Z Board Staff Report October 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 10
Comment: The basis for which the rezoning is being sought most closely relates to Items "b" and "c".
The change in circumstances has been brought about with the availability of the site for development.
As stated previously, the existing monastery use is being demolished and constructed as a smaller
facility on a 0.99 acre portion of the subject site, thus allowing 9 acres to be available for new
development. The proposed R-1-AA zoning designation will allow the development of a single family
residential project which maintains the prevailing Low Density FLUM designation which exists on the
adjacent residential neighborhood, north and east of the site.
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.
As noted previously, compliance with the Land Development Regulations will occur during the
subdivision plat process, at which time, the layout of the site including the street system and lot
configuration will be approved.
The development proposal is not located within the geographical area requiring review by the CRA
(Community Redevelopment Agency) of the DDA (Downtown Development Authority).
IPARC Notice:
On October 5, 2006, a revised notice of the Future Land Use Amendment was provided to the
Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities. No objections have been received.
Courtesy Notices:
A special courtesy notice was provided to the following Homeowners and Civic Associations:
.
PROD
Sherwood Park Civic Association
Hamlet
· Neighborhood Advisory Council
· Presidents Council
· Shadywoods Homeowners Association
. Lakeview Civic Association
.
.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Three letters of petition have been received and are attached. A request has been made by
the neighborhood association that the original petitions signed by the 340 residents be made a part of
the record. Additional letters of objections or support, will be presented at the Planning and Zoning
Board meeting.
The proposed FLUM designation of LD (Low Density Residential) and zoning of R-1-AA is consistent
with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations.
The existing CF Future Land Use Map designation and zoning does not allow the redevelopment of
the site for residential uses. Given the proposed demolition of the existing monastery, the requested
LD (Low Density Residential 0-5 du/ac) is appropriate and is compatible with the surrounding Low
Density Future Land Use Map designation. The proposed R-1-AA zoning is compatible with the
P & Z Board Staff Report October 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 11
surrounding zoning designations, and is in keeping with the zoning pattern that exists in the adjacent
neighborhoods which includes a mix of R-1-AAA-B and R-1-AA zoning designations. To increase
compatibility it is recommended that the perimeter lots (Lots 4, 9 and 10) are increased in size to the
minimum required by the R-1-AAA-B district. While this could be accommodated without modifying the
current zoning request, the only concrete way of assuring this would be to expand the area of R-1-
AAA-B zoning. Further, with an increase in size of the perimeter lots, compatibility with adjacent single
family homes can be enhanced. Positive findings can be made with respect to LOR Section
2.4.5(0)(5) (Rezoning Findings).
A. Continue with direction.
B. Move to table the Future Land Use Map amendment from CF (Community Facilities) to LD
(Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA
(Single Family Residential) for 9.00 acres of land lying within Christ the King Monastery of St
Clare with direction that R-1-AAA-B zoning be requested for proposed Lots 4,9 and 10 of the
site.
C. Move a recommendation of denial to the City Commission for the Future Land Use Map
amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and
rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential) for 9.00 acres
of land lying within Christ the King Monastery of St Clare 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 the criteria set forth in Sections 3.1.1, 3.2.2, and
2.4.5(0)(5) of the Land Development Regulations.
D. Move a recommendation of approval to the City Commission for the Future Land Use Map
amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and
rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential) for 9.00 acres
of land lying within the Christ the King Monastery of St Clare site 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 the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5)
of the Land Development Regulations subject to a simultaneous approval of a plat increasing
the perimeter lot sizes as identified in the report.
Move a recommendation of .approval to the City Commission for the Future Land Use Map
amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and rezoning
from CF (Community Facilities) to R-1-AA (Single Family Residential) for 9.00 acres of land lying
within Christ the King Monastery of St Clare 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 the
criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations with
the effective date of the rezoning ordinance concurrent with approval of a subdivision plat with the
perimeter single family lots adjacent to the existing lots within Sherwood Park Subdivision and
Lakeview Subdivision, Lots 4, 9 and 10 having a minimum required area of 12,500 square feet with
minimum dimensions of 100' (lot frontage), 100' (lot width), and 110' (lot depth), similar to the
requirements of the R-1-AAA-B zoning district.
Attachments:
· Survey
· Concept Plan
· Zoning Map
· Future Land Use Map
· Letters of Petition
· Appraised Value Comparison
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CHRIST THE KING MONASTERY OF ST. CLARE
- EXISTING FUTURE LAND USE MAP DESIGNATIONS-
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
- - DIGITAL BASE MAP SYSTEM --
MAP REF: LM894
3674 Lakeview Blvd
Delray Beach, FL 33445
October 9, 2006
City of Delray Beach
Planning and Zoning Board
100 NW I st Avenue
Delray Beach, FL 33444
Re: Christ the King Monastery
Dear Chairman Kroll and Board Members,
The purpose of this letter is to request conditions on the rezoning proposed for the Christ
the King Monastery. The proposed future land use designation is compatible with the
surrounding residential neighborhoods, however, we have concerns about the R-1AA
zoning designation. This zoning designation allows smaller lots sizes than are adj acent to
the site and we respectfully request that the Board recommend that new lots along the
eastern boundary of the site be restricted with lot widths ofleast 100 feet.
Our home is three lots east of the site and our backyard will be perpendicular to the
backyards of the proposed residences. The golf course provides an open area and it will
be easy to view the new residences (and for our yards and homes to be viewed). For
compatibility reasons these parcels should be developed like those in the Sherwood Park
and Lakeview neighborhoods. The City has coordinated with the applicant to ensure
parcels on the north boundary are compatible and we request the same consideration for
the eastern boundary.
We understand that less restrictive zoning than R-1AA is located within the Lakeview
neighborhood. It should be noted that these parcels are located on Lakeview Drive and
the lots are not across from or perpendicular to any lots designated as R-1AAAB. These
lots are not viewable by the lots zoned R-1AAAB.
For the above reasons, please consider designating the property with R-1AAAB zoning
or placing lot size conditions on the eastern boundary of the site to be consistent with the
homes nearby in the Lakeview subdivision.
Regards,
I~C{.~' ~.j'L ~
Karen A. Kiselewski & Brian R Link
r:~l\
OCT 1 1 2006
,
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Page 1 of1
Allen, Jasmine
From: JUJUCHACHI@aol.com
Sent: Thursday, September 28,200612:02 PM
To: Allen, Jasmine
Cc: Perlman, Jeff; Dorling, Paul; Fetzer, Fred; johnlevson@mydelraybeach.com; Montague, Brenda
Subject: change of zoning.
to whom it may concern,
My name is Charles Williams and I reside at 3897 Sherwood Blvd. My wife and I live directly across the street
from the Sisters of St Claire(Christ the King) monastery which is currently being proposed for a zoning
change. We were unable to attend the first public meeting, but we did attend a meeting at the monastery on
Tuesday night Sept 26, which was attended by residents of Lakeview, and Sherwood Park, and the developer.
My understanding is that the current zoning on Sherwood Blvd is to remain the same R1-AAA, and the interior
of the property is the section to be rezoned, I believe to R1-AA.
There was talk at this meeting concerning a public road entering the property in the middle of the block on
Sherwood Blvd, directly in front of our home, which I am totally against. The current access to the monastery is
a private drive with very limited traffic, and have never been a public access road. By allowing the developer to
add a public road off Sherwood Blvd., in the middle of the block creates a serious safety issue. In my opinion,
the only logical access to the property is a continuation of Lakeview Blvd west directly into the property. Not
only is this the safest way to enter, it's in my opinion the most logical way.
My wife and I are opposed to any zoning changes along Sherwood Blvd, and are totally opposed to any public
road(s) entering or exiting Sherwood Blvd between Military Trail and Sutton Place.
Sincerely,
Charles and Judith Williams
3897 Sherwood Blvd
Delray Beach, FL 33445
Tel 496.0702 or 272.3232
10/2/2006
Page 1 of 1
Allen, Jasmine
From: Dorling, Paul
Sent: Tuesday, October 03, 2006 10:42 AM
To: Allen, Jasmine
Subject: FW: Rezoning of Christ the King Monastery of 5t Clare
Paul Dorling, AICP
Director of Planning and Zoning
City Of Delray Beach
100 N.W. 1st. Avenue
Delray Beach, Florida 33444
561-243-7040
dorlingp@ci.delray-beach.f1.us
From: elainestuart@att.net [mailto:elainestuart@att.net]
Sent: Tuesday, October 03, 2006 9:52 AM
To: Perlman, Jeff; Ellis, Rita; Dorling, Paul; McDonnell, Mark
Subject: Rezoning of Christ the King Monastery of St Clare
Thank you in advance for taking time out of your day to read my eMail.
As a current resident of the Lakeview community, and a 27 year resident of Delray Beach, I would like
you to know that I was most pleased with the Planning and Zoning board's decision to not allow
townhouses for the rezoning of the Christ the King Monastery of St Clare, during the September
meeting.
I would like to be on record that I support the zoning ofR-l-AAAB for the perimeter of the property and
R-l-AA for the interior ofthe property. This would keep the look and feel of our current community in
place. A true neighborhood, in one of the best cities to live in.
Again, I thank you for your time.
Elaine M. Stuart
3397 Lakeview Blvd
Delray Beach, FI 33445
10/3/2006
Appraised Value Comparison
Sherwood Park & Lakeview Subdivisions. (Lots within 500 feet of the subject property)
12-42-46-24-01-006-00723803 SHERWOOD BLV R-1AAAB $285,217 $175,619 $460,836
12-42-46-24-01-006-0071 3819 SHERWOOD BLV R-1AAAB $213,512 $141,389 $354,901
12-42-46-24-01-006-0081 3837 SHERWOOD BLV R-1AAAB $308,395 $127,250 $435,645
12-42-46-24-01-006-00923843 SHERWOOD BLV R-1AAAB $250,103 $141,389 $391,492
12-42-46-24-01-006-0091 3897 SHERWOOD BLV R-1AAAB $297,776 $141,389 $439,165
12-42-46-24-01-006-01023907 SHERWOOD BLV R-1AAAB $269,372 $141,389 $410,761
12-42-46-24-01-006-0101 3911 SHERWOOD BLV R-1AAAB $201,263 $141,389 $342,652
12-42-46-24-01-006-0111 3913 SHERWOOD BLV R-1AAAB $218,131 $141,389 $359,520
12-42-46-24-01-006-01123931 SHERWOOD BLV R-1AAAB $244,553 $141,389 $385,942
12-42-46-24-01-006-01223935 SHERWOOD BLV R-1AAAB $335,205 $141,389 $476,594
12-42-46-24-02-007-00103934 SHERWOOD BLV R-1AAAB $426,812 $141,389 $568,201
12-42-46-24-02-007-00203930 SHERWOOD BLV R-1AAAB $222,406 $104,500 $326,906
12-42-46-24-02-007-00303926 SHERWOOD BLV R-1AAAB $326,975 $141,389 $468,364
12-42-46-24-02-007-00403918 SHERWOOD BLV R-1AAAB $178,811 $141,389 $320,200
12-42-46-24-02-007-00503910 SHERWOOD BLV R-1AAAB $240,509 $141,389 $381,898
12-42-46-24-02-007-00603906 SHERWOOD BLV R-1AAAB $320,432 $141,389 $461,821
12-42-46-24-01-005-0121 3631 SHERWOOD BLV R-1AAAB $276,048 $175,619 $451,667
12-42-46-24-01-005-01313711 SHERWOOD BLV R-1AAAB $202,546 $175,619 $378,165
12-42-46-24-01-005-01323721 SHERWOOD BLV R-1AAAB $341,733 $175,619 $517,352
12-42-46-24-01-005-0141 3725 SHERWOOD BLV R-1AAAB $252,210 $175,619 $427,829
12-42-46-24-02-008-00103724 SHERWOOD BLV R-1AAAB $204,023 $141,389 $345,412
12-42-46-24-02-008-00203720 SHERWOOD BLV R-1AAAB $215,018 $141,389 $356,407
12-42-46-24-02-008-00303712 SHERWOOD BLV R-1AAAB $137,374 $141,389 $278,763
12-42-46-24-02-008-0040 3706 SHERWOOD BL V R-1AAAB $206,434 $141,389 $347,823
12-42-46-24-02-008-00503630 SHERWOOD BLV R-1AAAB $204,361 $141,389 $345,750
12-42-46-24-04-003-01003637 LAKEVIEW BLV R-1AAAB $173,731 $141,389 $315,120
12-42-46-24-04-003-01103655 LAKEVIEW BLV R-1AAAB $170,007 $141,389 $311,396
12-42-46-24-04-003-01203673 LAKEVIEW BLV R-1AAAB $206,613 $141,389 $348,002
12-42-46-24-04-003-01303691 LAKEVIEW BLV R-1AAAB $176,704 $141,389 $318,093
12-42-46-24-04-003-01403699 LAKEVIEW BLV R-1AAAB $289,159 $141,389 $430,548
12-42-46-24-04-001-05103620 LAKEVIEW BLV R-1AAAB $190,923 $162,360 $353,283
12-42-46-24-04-001-05203638 LAKEVIEW BLV R-1AAAB $140,956 $162,360 $303,316
12-42-46-24-04-001-05303656 LAKEVIEW BLV R-1AAAB $211,158 $162,360 $373,518
12-42-46-24-04-001-05403674 LAKEVIEW BLV R-1AAAB $201,597 $162,360 $363,957
12-42-46-24-04-001-05503692 LAKEVIEW BLV R-1AAAB $223,821 $162,360 $386,181
12-42-46-24-04-001-05603702 LAKEVIEW BLV R-1AAAB $337,386 $162,360 $499,746
Average $241,702 $148,221 $389,923
Source: Palm Beach County Property Appraiser
Appraised Value Comparison
Lakeview Subdivision (Lots outside of the 500 foot radius of the subject site)
12-42-46-24-04-001-01903135 LAKEVIEW DR R-1AA $403,986 $162,360 $566,346
12-42-46-24-04-001-02003139 LAKEVIEW DR R-1AA $249,698 $162,360 $412,058
12-42-46-24-04-001-02103204 LAKEVIEW DR R-1AA $209,163 $162,360 $371,523
12-42-46-24-04-001-02203210 LAKEVIEW DR R-1AA $236,208 $162,360 $398,568
12-42-46-24-04-001-02303220 LAKEVIEW DR R-1AA $198,864 $162,360 $361,224
12-42-46-24-04-001-02403250 LAKEVIEW DR R-1AA $234,929 $162,360 $397,289
12-42-46-24-04-001-02503264 LAKEVIEW DR R-1AA $203,162 $162,360 $365,522
12-42-46-24-04-001-02603296 LAKEVIEW DR R-1AA $282,832 $162,360 $445,192
2-42-46-24-04-001-0270 3300 LAKEVIEW DR R-1AA $249,683 $162,360 $412,043
12-42-46-24-04-001-02803324 LAKEVIEW DR R-1AA $233,173 $162,360 $395,533
12-42-46-24-04-001-02903352 LAKEVIEW DR R-1AA $195,600 $162,360 $357,960
12-42-46-24-04-001-03003384 LAKEVIEW DR R-1AA $207,086 $162,360 $369,446
2-42-46-24-04-001-0310 3398 LAKEVIEW DR R-1AA $220,606 $162,360 $382,966
12-42-46-24-04-001-03203400 LAKEVIEW DR R-1AA $245,340 $162,360 $407,700
12-42-46-24-04-001-03303408 LAKEVIEW DR R-1AA $219,140 $162,360 $381,500
12-42-46-24-04-001-03403416 LAKEVIEW DR R-1AA $240,995 $162,360 $403,355
12-42-46-24-04-001-03503426 LAKEVIEW DR R-1AA $209,352 $162,360 $371,712
12-42-46-24-04-001-03603450 LAKEVIEW DR R-1AA $143,207 $162,360 $305,567
12-42-46-24-04-001-03703474 LAKEVIEW DR R-1AA $186,769 $162,360 $349,129
12-42-46-24-04-001-03803500 LAKEVIEW DR R-1AA $208,658 $162,360 $371,018
12-42-46-24-04-001-03903514 LAKEVIEW DR R-1AA $202,381 $162,360 $364,741
12-42-46-24-04-001-04003524 LAKEVIEW DR R-1AA $210,956 $162,360 $373,316
12-42-46-24-04-001-04103544 LAKEVIEW DR R-1AA $193,907 $162,360 $356,267
12-42-46-24-04-001-04203548 LAKEVIEW DR R-1AA $223,909 $162,360 $386,269
12-42-46-24-04-001-04303556 LAKEVIEW DR R-1AA $245,762 $162,360 $408,122
Average $226,215 $162,360 $388,575
Lakeview Ph 2 (Lots outside of the 500 foot radius of the subject site)
12-42-46-24-20-000-00103005 WEDGEWOOD BL\ R-1AA $254,588 $141,389 $395,977
12-42-46-24-20-000-00203025 WEDGEWOOD BL\ R-1AA $223,987 $162,360 $386,347
12-42-46-24-20-000-00303045 WEDGEWOOD BL\ R-1AA $254,215 $162,360 $416,575
12-42-46-24-20-000-00403065 WEDGEWOOD BL\ R-1AA $287,811 $162,360 $450,171
12-42-46-24-20-000-00503075 WEDGEWOOD BL\ R-1AA $228,317 $162,360 $390,677
12-42-46-24-20-000-00603095 WEDGEWOOD BL\ R-1AA $297,050 $162,360 $459,410
12-42-46-24-20-000-00703115 WEDGEWOOD BL\ R-1AA $356,216 $162,360 $518,576
12-42-46-24-20-000-00803135 WEDGEWOOD BL\ R-1AA $302,628 $162,360 $464,988
12-42-46-24-20-000-00903155 WEDGEWOOD BL\ R-1AA $297,100 $162,360 $459,460
12-42-46-24-20-000-01003175 WEDGEWOOD BL\ R-1AA $426,555 $162,360 $588,915
12-42-46-24-20-000-0110 3195 WEDGEWOOD BL \ R-1AA $341,122 $162,360 $503,482
12-42-46-24-20-000-01203160 WEDGEWOOD BL\ R-1AA $324,302 $141,389 $465,691
12-42-46-24-20-000-01303140 WEDGEWOOD BL\ R-1AA $223,847 $141,389 $365,236
12-42-46-24-20-000-01403120 WEDGEWOOD BL\ R-1AA $254,744 $141,389 $396,133
12-42-46-24-20-000-0150 1380 BOCCI CT R-1AA $398,998 $141,389 $540,387
12-42-46-24-20-000-0160 1385 BOCCI CT R-1AA $241 ,434 $141,389 $382,823
12-42-46-24-20-000-01701365 BOCCI CT R-1AA $193,942 $141,389 $335,331
12-42-46-24-20-000-01803070 WEDGEWOOD BL\ R-1AA $229,294 $141,389 $370,683
Average $285,342 $153,040 $438,381
Source: Palm Beach County Property Appraiser
... .r lie
November 13, 2006
City Commissioners
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Subject:
Dear City Commissioners;
As a representative member of the lakeview Civic Association, I respectfully request on behalf of my
Community that City Commissioners deny the proposed rezoning of the above site to R-1-AA and
support rezoning the site to R-1-AAA-B.
Rezoning of "Christ the King Monastery of St. Clare"
Our Community believes that R-1-AAA-B to be the most appropriate zoning for the development
based on the following:
. The development proposed is not a new or separate enclave, gated community or separate
development.
. The site-plan submitted proposes an extension of our community by exiting/entering directly
onto lakeview Boulevard.
. lakeview Blvd is not a main artery; it becomes a loop road feeding into lakeview Drive. All
traffic exiting the community must eventually exit onto Sherwood Blvd.
. The Monastery will continue to operate, just in smaller quarters. The traffic associated with the
monastery will not change. The new traffic generated by this community will greatly increase
the traffic along lakeview Blvd since the main entrance/exit will be on lakeview Blvd.
. Every home within the 500 foot Planning & Zoning notification area is zoned R-1-AAA-B.
. Every home along Sherwood & lakeview Blvd's is zoned R-1-AAA-B.
. 50% of the homes in Sherwood Park enjoy a lot size that is greater than the 12,500 sq. ft.
required with R-1-AAA-B zoning.
By applying this zoning you will protect one of two communities in Delray that are R-1-AAA-B,
maintain the size, character and integrity of our Community, and most important the open space that
makes this community a special jewel within the City of Delray Beach. We appreciate all of your
efforts on behalf of our Communities.
Sincerely,
~n~
President, lakeview Civic Association
Monastery History
Communities of lakeview and Sherwood Park
Timeline/Minutes
August 28, 2006
P & Z denied the Developers original request and asked that the Developer go back and meet with the
Community. In particular the board specifically addressed 3 items.
Town homes were inappropriate for this development.
They should seek access to Military Trail
They should go back and work with the Community.
September 4, 2006
First Developer/Community meeting: Developer announced the good news that there would be no
townhouses and he had compromised by adding a road off of Sherwood Blvd that was a small 1 way in,
and proposed R-1-A, similar to downtown urban density.
Community response:
The town homes were taken off the table by P & Z - this is not a compromise.
The 1 way in, was not a compromise, but mandatory existing right-of-way.
Obviously R-1-A is inappropriate for the community.
At this meeting the developer did meet with us, but he offered no real compromise. With no real
compromise presented, no compromise was made. It was made clear that the Community would not
stand behind this plan. At this time we also urged him to move quickly and we would respond in same,
as we wanted to ensure that this project was kept on a fast track, as not to negatively impact the Nuns.
And that we were working with him for a mutually beneficial solution.
September 26, 2006
Developer presented zoning the entire site R-1-AA. No regard for homes surrounding the perimeter as
had previously been suggested by the P & Z.
Community response:
We urged him that since his Development was not a separate community or enclave, that at a
minimum he should have homes along the entire length of Sutton Place and especially along the entire
length of the Lakeview Blvd extension reflect the existing zoning in the Community of R-1-AAAB.
We asked him to consider Spilt Zoning and to get back to us by Friday, September 29, with a
compromise that we could present to our communities at our planned Sunday, October 1, meeting.
We were informed on Friday, September 29, that no additional changes had been made, but they
provided the previous plan (R-1-AA) for our meeting and confirmed meeting with us on Tuesday to
discuss the outcome of our Community meeting.
October 3, 2006
12 people representing both Communities showed up at 7:00pm as planned and the developer did not
show. Although he and his representative had several of the Community members phone numbers only
1 call was made to J. Matthews in the late afternoon to cancel. She did not get the call. Jess Sowards
his representative made it clear that Mr. Giudice was not in town and that Mr. Sowards had gone to his
daughter's soccer game. This call came in 8:00pm.
Monastery Commentary
1
Our Position
Working with developer to fast track his project:
As a Community we have all changed our schedules and pitched in to try and fast track this development
for the Developer and the Nuns. They have had much more time and resources to work on this
development than any of the residents who have all been shocked and disappointed that the Monastery
is selling most of it's property. We are happy that they will continue to stay and operate as they have in
the past.
With this in mind, residents all have:
Reasonable expectation - that the Monastery would continue to exist. Everyone who purchased into this
community had a reasonable expectation that the Monastery would continue to operate as it has for the
last 40+ years. The Monastery has enjoyed the open space and quiet that the bordering
communities have offered it over the past 40+ years. The Monastery has been a fixture in the
community and a welcome neighbor. All residents had purchased with the expectation that the
Monastery would always be a part of the Community.
P & Z Notification Sites:
The stated Policy is to inform all "interested parties" within a SOO-foot radius of a proposed development
site of a requested change in zoning.
Each and every home within the 500 Foot notification zone is in a home that is zoned R-1-AAAB.
That should be the leading indicator on how this site should be zoned.
Housina Element Policy A-3.2: The most restrictive residential zoning district that is applicable given
existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed
to the zoning map.
Both communities are zoned "Stable", the fact that the Monastery is not, is just a matter of wording. The
site has not changed in 40+ years. If that doesn't fit the definition of stable, than nothing does. With this
in mind, the development of the site should be considered "Stable" and all the rights and regulations
associated with it followed.
Housina Element Policy A-12:3: - In evaluating proposals for new development or redevelopment, the
City shall consider the effect that the proposal will have on the stability of nearby neighborhoods, Factors
such as noise, odor, 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.
The Community will have to endure approximately S years of construction. This is a community know for
the quietness and open space that surrounds it. A unique Oasis within the City limits of Delray Beach.
As a well-established "stable" community we will now have to endure the noise, odor, dust, increased
traffic by trades people until the project is completed. These are not events that occur in well-established
residential communities.
In addition the Communities will have to endure at the same time the traffic generated by the Monastery
that will continue to operate as status quo just in smaller quarters, and the traffic generated by new
residents as the homes get built and occupied.
Monastery is not leaving:
The Monastery will continue to operate and generate the same amount of traffic allotted to the CF site
originally. In addition, the proposed 31 homes according to the P & Z report will each generate
approximately 10 trips a day, this would be an increase in traffic of 310 trips per day. The new traffic
generated by this community will greatly increase the traffic along Lakeview Blvd since the main
entrance/exit will be on Lakeview Blvd. Where currently no entrance/exit exists to the property.
Monastery Commentary 2
Proposed Development
. The development proposed is not a new or separate enclave, gated community or
separate development.
. The site-plan submitted proposes an extension of our community by exiting/entering
directly onto Lakeview Boulevard.
. Lakeview Blvd is not a main artery. It is a straightaway that ends in a cul-de-sac, with
turns that allow it to become a loop road feeding into Lakeview Drive. Absolutely all
traffic exiting the community must eventually exit onto Sherwood Blvd.
. The enclosed graphic(s) annotated aerial photos are provided to show the minimal
existing R-1-AA zoning and the appropriate amount and location of R-1-AA zoning which
is consistent with the original zoning prior to the Golf course being rezoned "Open Space"
within the last decade. They also illustrate the existing and proposed isolated roadways.
o Lakeview Estates is shown to clarify that this dense area has access directly onto
Dover Road, which in turn feeds directly onto Linton Blvd - a divided arterial6-lane
roadway, and not through a Community.
. The Monastery will continue to operate, just in smaller quarters. The traffic associated
with the monastery will not change. Every home within the 500 foot Planning & Zoning
notification area is zoned R-1-AAA-B.
. Every home along Sherwood & Lakeview Blvd's is zoned R-1-AAA-B.
. Approximately 50% of the homes in Sherwood Park enjoy a lot size that is greater than
the 12,500 sq. ft. required with R-1-AAA-B zoning.
. Throughout the city, most R-1-AA zoning districts discharge to collector or arterial
roadways, not through lesser density districts. As a general planning rule, traffic should
flow from less dense, Le, R-1-AAAB, through progressively more dense R-1-AA then R-1-
A, not the reverse. Although this anomaly currently exists in Lakeview, good planning &
zoning practices should not repeat the same mistakes.
. We are one of two communities in Delray that are zoned R-1-AAA-B. This zoning
designation should be protected. It also protects open spaces and is in conjunction with
preserving our Community, an objective put forth by the City Master Plan to conserve our
Communities.
In conclusion we respectfully request that the Commission deny the Developers inappropriate
request to change the CF zoning to R-1-AA. While it might be appropriate to re-zone a portion
to R-1-AA, the majority should be R-1-AAAB. This is especially important along the proposed
Lakeview Blvd., extension and the east side of the development that would face homes on the
golf course already zoned R-1-AAAB, in order to maintain the integrity and character of
Lakeview and Sherwood Park existing communities. By doing this the existing residents would
have similar zoning adjacent to them and new residents would know what they are buying into.
Monastery Commentary
3
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CITY OF DELRAY BEACH. FLORIDA
NOTICE OF PUBLIC HEARING
A l'U[\L1(' HE;\KIN(; will ~ hel,J ntl Ill", lilllo)wing pMp.)scd ordil)rml.'es al 7'tlO n m On T1'J:SU~Y
UECEVI)U'R. ~ ~OIlI6 nr al ;'III} (:ontinuiltiUll of sll.:h nWt'lfllg whh:h is M~l t>~ tlH: CVlnrni!;!;itm), in the eil)
C011lmi~",i,m Ch:tlllhn"" 100 N.\". I~I -'\\"Om...",. Delra" A.mch. FI,)!"jda, al which lime Ih.: (,itv ("'1ll1l1k~i<'," will
cOfll>ioor Ih"ir adUpli(,". The 1'1"'1_,,(1 onlin:m..:.:s mil): t>c ill'Op<:-cltxl at th.:: 011,,(:' Hf,1w eit,.. CI:rk M ("iIY Hall. IOU
N W. hI ^~l'nlW. Ilclrl'l} [~t'm~h, r1<:>rj(b. t>e,we<:'1I Ih<.> hnun: pf ll:Ofl n,m. nlld ;:00 p.rn.. M.-mrby tllu)uI,'.h Fl'kby,
'"':"tn'pl h<,lid..,)~. All tntl:n,lstcll panies 111"<: lll\lteu tllll.lh:n.l ;111<1 Ix hC;JrJ \O.ith respell 11>1111.' fHl'IX'sc.j (lnlm'Hl';:l:s
qfj:n1NANef. NO :Ii<)_06
AN ORnlNANCE or nw. CITY COMMISSION OF nn:,_ <:1T\; Of DELRAY nEACH, Fl.ORlDA.
,\MENnING TH( H;TURE LAND 1I~l' MIlo!' PESlliNl\nON AS ClINTAlNf,:D IN THE COM!'RHIE"'SlVC
PU\N rROM CF (COMMI;NITY f./\ClLllIESI; TO tD (LOW m,NSI1\' Rf'SH1ENTIAL 0-5 Dt!{/\C);
EI.ECI1NG TO .'ROCEED lJND[R THE SINGU': HEARJNO AIXWT10N PROCESS FOR SM;\LI. SC~\LE
I.,\ND l!Sl'. PL..<\N AMENDMENTS: :\ND REZONINO !\ND PLACING L.<\ND I>RESFNTLY ZONED cr
tCOMMI)NrlY rA('lL/TlES); TO R.I-;\.'\ (SINGU: FAMILY RFSIDENTli\L) OI:'tTRlt'T; SAID LAND
UEING ^ .'^RCf~L 01' LAND Ll)('An~D J::!S FEET SOUTH OF SHERWOOD 80ULEV,\RD, APPROXl-
MAnJ.Y 6~O FEET E..\ST (W MU.rrt\RY TRA,IL, AS M(m.E ['i\RIK'III.ARIY ))[SCRlHFD UERUN:
,\MENDING "Z.(JN!NG MM> OF DElRAY I1E/\C1-L FLOHILl;\, !\.l/\RCII 2006.' PROVID1NG 1\ GENEIV\L
RLPEt\l,ER CLAtiSE. A SAVING CLAVS[;. ANLl .\N ErFECTlVI: J):\:rE
ORllINANCr: NO 6"'06
o
....,
AN ORl>rNANU; OJ nib CITY COMMISSION Of .1UE CITY 01 Dt;.!._R:\" BEAUt. I'L.ORlf>A.
i\M[NI>JNG ORDINANCE 3-1,.06 BY ,'\MENDJNG SECTION 37.45. '.SI~PfJL_[MEN1AL CODf~ ENFORCE-
MENT I~N.t)CEnUMf:$., SUBSECTION (VI, .'CIVII.. PEN.'\L1WS~. H\' REMOVIMj I"HE REFERENCE TO
SJTTION 9H,08. "tln-ERIN PARKS". AMENDING HIE PENAI.TV AMOUN1' FOR IX)(;S ON -nJF BEACH
AND SJ{.o\TFUOAIU)ING AND ADIJING A NEW J"t_-:NALl'\' FOR .'YEHH:U:_S ON THE HEACH'" ,,"II.)
..t:iARtlM3E. SEWAGE. AND OTHER WASTE M(\TERIAL.S'.~ PROVIDING ,,," (i~;N[R.'\1. REPP.ALER
etA-lisl.:" A SAVING CLAUSE J\NDAN HFtXI'IYE DAT\:'
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OIUlIN,\NC.. NO 66....16
,\N ORDINANCE OF HiE CITY COMMISSION of THE CflV ()f DEI.R,\\' BEI\CH, 1:!..OK.lI>A.
RI'.PI'AUNG SI'c-nON <>8JI9. nl.J'TTf'.R IN "AKKS" AND AMFNIlING CHAvn~R 101, Mp....kKS. BEACHf'S
AND RECREATION. OI~NERAl. PROVISIONs.'. HY .,J,MENDINt; Sl.;(;[lON IVI.11, "(jAlUi'\Gt. Sl:WA(jt.;,
AND fHHf.R w.>\S'rI'_ MATf'.RI^J.S". TO RFA)) '""(_.ARI,lAnE, TRASH. UTlf:'R. SE\l..',\.t"iF. AND OTHf',R
Wi\STE M,ATERIAI..S". [W AMENDING SLJSECTION ) OI.17(A). TO SmENGflTHEN J>ROHJI.UTIONS ON
1.ln'ERINO ON Tlit-'. MI fNICIPAI..IiF-ACfl, RECRFi\T10NAL FA('TI.ITIFS AND pUAI.le P_,J,RKS. ANn BY
EN,\CTING A NEW SUBSECTION JOl..i6, "ADDITJON!\L RlJU:S APPLYING TO CITY I~ARKS,
RfTREAJ10N F:\C1LJTTES AND H-IE MlINIClPAL fWi\Clr, 'fO PROVIDE FOR ADDITIONAL RULES
Wwetl JNCLV[)[SA PROHIBITION ON SMOKING IN CERTAIN l\RE,\S or TIlE BL-'\CIl. TIIAT CAN AE
ENFORCED Ii\' fSSUING CIVil. (TTATIONS IN ADD!TlON TO onlFR REMEDIES. I'ROVILHNG A
GENERAL REPEALER ('L.AUSf;',.o\ S.<\V1NGS CLAUSE !\NDAN EHECTIVE D,HE.
onOINANCI!' NO iO-Of>
AN ORllINANCE OF Hn: CrIV COMMISSION OF THE CITY OF DH.HAY "EACH, FLORIDA.
ANNEXING 1"1) Tnt' CITY i)ff)ELRAY nr-:ACII, AP,\RCEI. or LAND 1.O{',\TE[J ON 'nlE S(){lTlISIDE
Ot. lHRD ROAD. Mn f'FF.TWESTOF B:\R\\'IL"K Ro;,\n,AND APPROXH"l....\TFI.Y 1.400 J..E_f;T NORTH Of'
l.AKE IDA ROt\D. .\S TIlE S,\ME IS MORE f':-'\RTICUl.-"-IU-Y DFS('RIf)ED HEREIN, '''Tllell LAND IS
CONTIGl)(}lI~ '10 HIE EXISTfNG Ml~'JCH'At. UMITS: REDEFINING THE BOLNDARIES OF HIE CITY
TO INCLUDE S,'\I[) LAND; PROVU.>lNU .FOR HI[ Rl<>lnS _....-"ILl OBLJGATlON~ OF SAID LAND;
I'ROVIDIN(; fOR THE ZONING HIERE<W 10 RM.8 (MH>llJM DEr-.iSITY RESIl)ENTIAI, -- 8lJNlTS pE.R
~\CIH~)., l'HOVIDING AGENER,\L REPEAU.:k CLAUS!'. A ~AVINCi CLAliSJ:,ANO.\N E1:FECTI\lf.'. DATE
:\ nmp (I\ol hl 'Kale) u..'picling the gcncmllocMion "flh~' properly In hc anllc1<.cd i~ ~huwn twJn..._ A CDtllpklc legnl
d~~fil)tion b)' lot :lnd ..llb(ji~.i"il)lllllld!,>r nlele!; find h".md_"and:I copy ofJht' <>rdillJm;C hen'in llbu\ic Il<lmeli ellll b<!
(,htain",d front the: Ollicc ..rth~ City (,len... City Hall. 100 N.W. hll\ye'lll~', T.klnl_" ~.m;h. I-'Iul'idll.
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ORIUN1\N(,~. Nfl. 71..t)(,
AN OR[)I;"-AN("[ (If' I'm. CITY CO\.1MIS<;,ION OF THE CITY ot' DI..l.llAY tn.ACH. FLORID/\.,
KEZONINO AND pl./\C1NG I..-\ND !'RESENTI.Y ZONUJ I (INDl.ISTRIAL) DISTRICT TO MIC (:\UXED
INf)USTRI~\L AND COMMt-:RCl^L) DlsnUt.'T: SMl) L.'\NIl BEING ^ PARCEL 1..0C\TED NORTH or
rlU:: OLU'IRAIN sr.\TIUN. BElWEbN TI-jE CSX RAILROAD AND f-95. AS MORE PARTICUL.ARLY
(lES(:RlnED III'.RElN; i\MEND.1NG "ZONINfi M/\J> OF DEl.RAY IlEACli. fLOR1DA. M.t\RCI-r 2006";
PROVIDING :"\GLN[RAL Rl-:I'L'\lbR CLAUSE.:\ SAVING CLAI;SE, ..\ND AN EFH::cnVl'_ DATI
Ol...OlNANC.... NO 72_U6
AN ORI)JNANCE OF TilE cny COMMISSION OF THE CITY OJ' [)E1~R,'Y BE,\CH. FLORID,\.
I\MI::NlJINO CIIAPn,l~ 100. "NVISANCl.'.S-. OF Tin.: COfJ~()r ORDINANCES OF n IE CfTY Of' DFIR'\Y
Bf';.,\CIJ IlY f:N!\ClING A NE\\.' SECI'ION 100,10. '.IND1VIDlJ,\IJ.Y DESIGNATED lllSTORIC
S nU;CTURES AND S"fIUJCTVRES IN HISTORIC DISTRICTS", TO PROHlUlT NEGLECIOF SAME;\NO
PKOVIJ)E J\ METHOD lOR ENFOK('EMENT TO HELP PREVENT DETf.Rl0R....ll0N OF !-lAME;
T'ROVIl>ING A SAVINGS CL"US[. A GENERAL REpEAl,fiR ('L....USE. AND^N ht:I'ECTIVE DATE
ORUIN"'Ner.' NO 73.06
AN ORDINANCE Of TI-II: lTfY COMMISSION O"'J HE (Try Or DH.R:'\Y BEAu-r. n.ORIDA,
,\MENDING CH."l'lFR 5Q, -RI:.C1...'\IMhn WATl,R'., OF THE CODE Of: ORDINANCES (}I: THE CITY Of
lJEUtAV til.:....ctl. lW AMENDING SECTION 59.till, -Ft-:t-:S. MArES AND (:BARGES", TO AlH\JS r THE
WHOI.ES,\Ll:: Cl.lSTO....1ER RAn.;; PROVIDING A S.\VING CL.AUSE, i\ GUNLRAL REPEALER CL.."USE
AND AN EI.t-'ECTIVE IJ;\TE.
ON.J)INAN('~- Nn 74.1)(,
AN ORDlNAN('h 01' THE CITY COMMISSIO;-'; or THE cny OF DI-;LRAY m::..'\CH, I'LORIDA
,\MENDING TIlE I.ANI) flF.....n OPMENT RF(iUIAT!ON'S OF HIF ('01)1'. OF ORDINANCES or THE
CITY OF UEI..RAV BEACII, RH,II\l"lNG TO '1 liE CONCURRENCY MANAGEMENT SYSTEM BY
ENM~TIN(; SH'T10N 8,6 "PROPORTTONATI'-: FAIR-Sf-fARE PRO(fj{.\M': AND PROVIDING A GENERAl
HEPl'.AI..ER CL,\l,Sf., A SAVINGS ('L"US-I'. ANDAN EFFECTIVE D......:n'.
OIUllN '\N('Ii' NO 7:'"t-U6
,ioN OKDlN..\NCE Of HIE CITY COMMISSION OJ: THE CITY Of DELR,.\y 8[,.,"\('1.1, FL.ORIDA,
AMFNfllNG 1 HE COOF OF ORDTNN'WFS OF THr. CITY OF' nELR/\Y m,,\CH. FLORIDA. AM"NOING
SEcnON H_()l,lJ. uREllREM1~NT INcm...1E: B.'\SIS, AMOllNT. AND PAYMENF. BY AMENDING
~UBSEl''''ION _;~.()I)ifM-" .'F....Rly RF.Tlftr!\.1F.NT INCFNTlVE", TOPR(JVIDf. H'JR CI-IANG-ED F.l.llimll..
rlY'llMING. I'RO....Il)lNO A t;['.NbRAI. Rl,flEAU;R CI.AUSF_ ,\ SAVIN(; CLAUSE ANU.J\N EfFECTJVE
DATI'.
1'lc.1"'., he a<f\"i~.1 Imol if:1 pcr~nn llcci.1e_~ "., aPf""'lll aolY d...-.::i",i,-," m;ldc hy 1m' Cit~ C{)mlTIi,;~lon with re"'I""......-t tro nny
malh::r ':1'I1.~id.:n:u III thc~ h.:aring_~, Slh,:h pcr>;.;m m",. Ilt.x-d to;> ensllr"" lhill a n'fhalim l1:eurd includes Ihl! ieSlinlOuy
llnc.l cwidt'Il(:1! \1po.m ....hid. Ihe llpP"-al i.. to he h:J.<;(.'<! rhe ('it)' tines nOI pm"iJe nil' prop<'ltv "'lid I rc.:oro. J'w-Mlant
It,LS:!8tdJl05
I'tHU.JSI I: friday, "'o""rnlxtr 2.t, :!n06
BOCA R,nON I':EWS:DEI.RAY HEACll NCWS
CITY 01; nr.LR."YHEACl1
n~H'UC" D, NutJilL CMC
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(011) e C" 571--
.A ~ci c;L/
ORDINANCE NO. 59-06
AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF
DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM CF (COMMUNI1Y FACILITIES); TO LD (LOW
DENSI1Y RESIDENTIAL 0-5 DU / AC); ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS; AND
REZONING AND PLACING LAND PRESENTLY ZONED CF
(COMMUNI1Y FACILITIES); TO R-1-AA (SINGLE FAMILY
RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED 125 FEET SOUTH OF SHERWOOD BOULEVARD,
APPROXIMATELY 650 FEET EAST OF MILITARY TRAIL, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRA Y BEACH, FLORIDA, MARCH 2006"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Christ the King Monastery of St Clare, Inc., is the fee simple owner of a 9.00 acre
parcel of land located on 125 feet south of Sherwood Boulevard, approximately 650 feet east of
Military Trail; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(pLUM) designation of CF (Community Facilities); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned CF (Community Facilities) District;
and
WHEREAS, at its meeting of October 16, 2006, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to
recommend that the requests be denied, based upon a failure to make positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are not consistent with and does
not further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Dekay Beach adopts the findings in the
Planning and Zoning Staff Report; and
.Rwi~& ~~iL~ fer- 11-em {o.R
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan with the addition of conditions as permitted by Section 2.4.4 of the Land
Development Regulations and as set forth below; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
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 Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0-5 duj ac).
Section 3. That the City of Delray Beach elects to make this small scale amendment by having
only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same
is hereby amended to reflect a zoning classification of R-1-AA District for the following described
property:
The East 573.0 feet of the West 1285.0 feet of the South 760.0 feet of the North 1595.0 feet of
the South half of Section 24, Township 46 South, Range 42 East, Palm Beach County, Florida,
less the West 110.0 feet of the North 394.75 feet thereof.
Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date
of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the
provisions of Section 4 hereof.
Section 6. That pursuant to Section 2.4.4 of the Land Development Regulations, to ensure
compatibility, this Ordinance shall be conditioned upon lots 1-6,24 and 29, as shown on the attached
exhibit "A", being a minimum size of 12,500 sq. ft. each and that the remaining property, not including
the above mentioned lots, consist of no more than 21 lots, each meeting the minimum standards of the
R-1-AA zoning requirements.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 8. 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 affect the validity of the entirety of this ordinance, and this ordinance shall be deemed
2
ORD NO. 59-06
null and void.
Section 9. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a fInal order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this
amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affIrming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks
Boulevard, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of ,200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD NO. 59-06
EXHIBIT "A"
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MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # 10. ~ REGULAR MEETING OF DECEMBER 5.2006
ORDINANCE NO. 33-06 (SECOND READING/SECOND PUBLIC
HEARING)
TO:
SUBJECT:
DATE:
DECEMBER 1,2006
This ordinance is before Commission for second reading and second public hearing for city initiated
amendments to the Land Development Regulations (LDR) establishing a new mixed-use zoning
district Section 4.4.29 "MROC (Mixed Residential, Office and Commercial) District", establishing
minimum development standards through modification of Section 4.3.4(K) "Development Standards
Matrix"; and modification of Section 4.6.9(C)(8)(a) "Shared Parking", which will allow the shared
parking option for the new zoning district.
At the first reading on November 21, 2006, the Commission passed Ordinance No. 33-06.
Recommend approval of Ordinance No. 33-06 on second and final reading.
S:\City Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 33.06 Amend LOR See 4.4.29 MROC 2nd Reading 12.05.06.doc
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FROM:
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PAUL DORLlNG, AICP 0 RECTOR OF PLANNING & ZONING
MEETING OF NOVEMBER 20, 2006 ** REGULAR AGENDA **
CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS SECTION LOR SECTION 4.4.29, LOR
SECTION 4.3.4(K) AND LOR SECTION 4.6.9(C)(8)(a) RELATED TO THE
ESTABLISHMENT OF A NEW ZONING DISTRICT TO BE KNOWN AS MROC
(MIXED RESIDENTIAL, OFFICE AND COMMERCIAL).
TO:
SUBJECT:
The item before the City Commission is approval of three City-initiated amendments to the Land
Development Regulations establishing a new mixed-use zoning district (LDR Section 4.4.29),
establishing minimum development standards through modification of the Development
Standards Matrix (LDR Section 4.3.4(K)) and modification of LDR Section 4.6.9(C) (8) (a) which
will allow the shared parking option for the new zoning district.
This ordinance was first before the City Commission on June 6, 2006 at which time the City
Commission reviewed and continued the ordinance with direction that staff meets with stake
holders in the corridor. Staff met with the stake holders on June 16, 2006 and several options
were discussed including pursuing a form-based code for the Congress Avenue Corridor. A
proposal from the Treasure Coast Regional Planning Council to create a form-based code was
forwarded to City Commission on August 8, 2006. It was the consensus of the City Commission
not to proceed with the Form-Based Code option but to modify the proposed MROC ordinance
incorporating comments made at the stake holder meeting and other written comments received
by staff. The ordinance was again modified and the stake holders met again on September 19,
2006. Several additional comments were generated and the ordinance has been modified to
accommodate these additional comments.
The amendments create a new zoning district called MROC (Mixed Residential Office and
Commercial) district which encourages mixed-use, identifies permitted, conditional, accessory
and supplementary uses allowed, establishes maximum thresholds for each type of use,
establishes review and approval processes and provides specific development standards. The
amendment includes modification of LDR Section 4.3.4(K) to add the MROC district to the
Development Standards Matrix and LDR Section 4.6.9 (C)(8)(a) to allow the newly created
district to utilize the shared parking option.
. The primary function of the district is to attract Class A office development while allowing
residential development including workforce housing. General retail uses including direct
support services and other retail uses would be limited to 20% of the overall building square
footage. Multifamily development up to a maximum density of 40 units per acre, and 50
units per acre within 2,500 feet of the Tri-Rail station are proposed. These would be limited
IO.A
1 City Commission Meeting of November 21,2006
Amendment to (LOR Section 4.4.29), (LOR Section 4.3.4(K) and [LOR Section 4.6.9(C) (8) (a)].
to a maximum of 100%, 85% or 75% of total building square footage depending on distance
from the Tri-Rail station. A minimum of 20% of these residential units are to be workforce
housing units, are to be moderately priced units, and are subject to LOR Section 4.7.
Buildings are permitted to be a maximum height of 85'. All floors above 42' are to have
facades offset and varied. Office and commercial floor heights are to be a minimum of 12'
floor to floor on the ground floor 10' above, 9' floor to floor for residential units, and 8'6" for
hotel, motels and residence inn all suite lodging.
This district is to be applied to property which has a mixed-use Future Land Use Map
designation and is 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. Concurrent with the adoption of the zoning district, a Mixed-Use
Future Land Use Map category has be created and submitted as part of Comprehensive Plan
2006-1 to the Department of Community Affairs (DCA) for review. The Comprehensive
Amendment 2006-1 is scheduled to return form DCA for consideration by City Commission in
January, 2007. After the land use amendments are adopted rezoning of all properties to the new
MROC zoning district will be considered by City Commission.
I" ,(.
,,;,' p[ANtn~G ANoiiZONING' BOARDCONSIDE~T1;tJft'<;.
;co'>'-"-".
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The revised ordinance was considered by the Planning and Zoning Board on October 16, 2006
at which time both written and verbal concerns and comments were made. The Board then
discussed the ordinance and recommended continuance. The ordinance has been further
modified to address the written comments received from Ms. Collene Walter representing the
County interests and Charles Siemon, Esquire representing private development interests in the
corridor. The revised ordinance was reconsidered by the Board at a special meeting of
November 6, 2006. The Board discussed the issue of non conforming uses and recommended
approval on a 7 to 0 vote by adopting the findings of fact and law contained in the staff report
and finding that the requests are consistent with the Comprehensive Plan and meets criteria set
forth in Section 2.4.5(M) of the Land Development Regulations.
Approve the amendments to Land Development Regulations establishing a new mixed-use
zoning district (LOR Section 4.4.29), establishing minimum development standards through
modification of the Development Standards Matrix (LOR Section 4.3.4(K)) and LOR Section
4.6.9(C)(8)(a) which will allow the shared parking option for the new zoning district by adopting
the findings of fact and law contained in the staff report and finding that the request is consistent
with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
Attachments:
. Proposed Ordinance
· Planning & Zoning Staff Report of November 6, 2006
2
MEETING DATE:
NOVEMBER 6, 2006
III. A.
AGENDA NO.:
AGENDA ITEM:
CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS TO ADD SECTION 4.4.29 "MIXED
RESIDENTIAL, OFFICE AND COMMERCIAL DISTRICT", AND
MODIFY SECTION 4.3.4(K) DEVELOPMENT STANDARDS MATRIX,
AND SECTION 4.6.9(C) (8) (a) SHARED PARKING IN ASSOCIATION
WITH THE ESTABLISHMENT OF A NEW ZONING DISTRICT.
The item before the Board is that of making a recommendation to the City Commission
regarding three City-initiated amendments to the Land Development Regulations establishing a
new mixed-use zoning district (LOR Section 4.4.29), establishing minimum development
standards through modification of the Development Standards Matrix (LOR Section 4.3.4(K))
and modification of LOR Section 4.6.9(C) (8) (a) which will allow the shared parking option for
the new zoning district.
Pursuant to Section 1.1.6., amendments to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
The Planning and Zoning Board held a public hearing on this request on May 15, 2006. The
Board recommended a minor change that would limit stand alone residential buildings to a
maximum height of sixty feet. This change was incorporated into the ordinance which went
before the City Commission on June 6, 2006. The Commission reviewed and continued the
ordinance with direction that staff meets with stake holders in the corridor. Staff met with the
stake holders on June 16, 2006 and several options were discussed including pursuing a form-
based code for the Congress Avenue Corridor. A proposal from the Treasure Coast Regional
Planning Council to create a form-based code was forwarded to City Commission on August 8,
2006. It was the consensus of the City Commission not to proceed with the Form-Based Code
option but to modify the proposed MROC ordinance incorporating comments made at the stake
holder meeting and other written comments received by staff. The ordinance was modified and
the stake holders met again on September 19, 2006. Several additional comments were
generated and the ordinance has been modified to accommodate these additional comments.
The major changes are summarized below:
. The allowed height has been increased from 75' to 85' and minimum floor heights for mixed-
use have been modified from 15' to 12' for ground floors and 10' above for commercial or
office uses and 9' for residential floors.
. Reference to requiring provision of very low or low income workforce units have been
removed. Moderate income workforce units have been retained at the 20% vs. 25% level.
1 Planning and Zoning Board Memorandum Staff Report, November 6, 2006
Amendment to LOR Section 4.4.29, 4.3.4(K), and 4.6.9(C) (8) (a)
. Under the Purpose and Intent section, additional language has been added to emphasize
the zoning district's objective to create high end jobs and increase the tax base within the
corridor.
. The amount of total floor area of a Master Development Plan which can be residential has
increased from 40% to 100% within 1,000 feet of the Tri-Rail station, 80% between 1,001
feet and 2,500 feet of the Tri-Rail station and 75% elsewhere in the corridor. These
percentages have been obtained from the maximum development potential proposals
created for the County parcels within the corridor.
. Lot coverage maximum has been increased from 50% to 75% (it is noted development
studies for County pieces max out at 53%).
. The limit on floors above 60' to be no more than 50% of the ground floor footage has been
eliminated. The requirement to provide offset for visual relief on all floors above 42' has
been retained.
. Parking requirements for residential uses have been reduced within 1,000 feet of the Tri-Rail
station to account for mass transit utilization.
. A build to line for buildings facing Congress Avenue is encouraged.
. Sliding setbacks are proposed and the increased setbacks with increased height apply to
the portion of the building meeting that threshold rather than the entire building.
. Provides for a lower maximum height (48') for small parcels less than 3 acres thereby
encouraging aggregation.
The revised ordinance was considered by the Planning and Zoning Board on October 16, 2006
at which time both written and verbal concerns and comments were made. The Board then
discussed the ordinance and recommended continuance. The ordinance has been further
modified to address the written comments received from Collene Walter representing the
County interests and Charlie Siemons representing private development interests in the
corridor. The revised ordinance is now ready for the Boards consideration.
The amendments create a new zoning district called MROC (Mixed Residential Office and
Commercial) district which encourages mixed-use, identifies permitted, conditional, accessory
and supplementary uses allowed, establishes maximum thresholds for each type of use,
establishes review and approval processes and provides specific development standards. The
amendment includes modification of LOR Section 4.3.4(K) to add the MROC district to the
Development Standards Matrix and LOR Section 4.6.9 (C)(8)(a) to allow the newly created
district to utilize the shared parking option.
The primary function of the district is to attract Class A office development while allowing
residential development including workforce housing. General retail uses including direct
support services and other retail uses would be limited to 20% of the overall building square
footage. Multifamily development up to a maximum density of 40 units per acre, and 50 units
per acre within 2,500 feet of the Tri-Rail station are proposed. These would be limited to a
maximum of 100%,85% or 75% of total building square footage depending on distance from the
Tri-Rail station. A minimum of 20% of these residential units are to be workforce housing units,
are to be moderately priced units, and are subject to LOR Section 4.7. Buildings are permitted to
be a maximum height of 85'. All floors above 42' are to have facades offset and varied. Office
and commercial floor heights are to be a minimum of 12' floor to floor on the ground floor 10'
above and 9' floor to floor for residential units.
2
r Planning and Zoning Board Memorandum Staff Report, November 6, 2006
Amendment to LDR Section 4.4.29, 4.3.4(K), and 4.6.9(C) (8) (a)
This district is to be applied to property which has a mixed-use Future Land Use Map
designation and is 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. Concurrent with the adoption of the zoning district, a Mixed-Use
Future Land Use Map category has be created and submitted as part of Comprehensive Plan
2006-1 to the Department of Community Affairs (DCA) for review. The Comprehensive
Amendment 2006-1 is scheduled to return form DCA for consideration by City Commission in
January, 2007. After the land use amendments are adopted rezoning of all properties to the new
MROC zoning district will be considered by City Commission.
lDR Section 2.4.5(M)(5) (Findings): Pursuant to lDR Section 2.4.5(M){5) (Findings), in
addition to lDR 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.
The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and the
following objectives and policy were found.
Future land Use Element Objective 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 mixed-use zoning district is being created.
Future Land Use Element Objective A-7
To encourage the provision of workforce housing in the City, the following policies shall
be implemented.
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. This method along with the creation of a mixed-use land
use map category is a much cleaner way to achieve this goal.
Housing Element Objective 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:
3
! Planning and Zoning Board Memorandum Staff Report, November 6, 2006
Amendment to LDR Section 4.4.29, 4.3.4(K), and 4.6.9(C) (8) (a)
The introduction of housing options to this corridor presents a great option to provide a variety of
housing types with a primary emphasis on workforce and transit oriented housing.
Courtesy Notices:
Given the nature of this amendment a general notice to the following groups was given.
· Neighborhood Council
· PROD
· Chamber of Commerce
· Presidents Council
In addition, individual notice was provided to all affected property owners within the corridor on
several occasions with the latest being mailed October 26, 2006.
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
The City-initiated amendment to LDR Sections 4.4.29, 4.6.9(C)(8)(a), and 4.3.4(K) implements
policies of the Comprehensive Plan and initiatives of the Florida Public Officials Design Institute
report which encourages establishment of Class A office space and mixed-use development in
the Congress Avenue Corridor area. The amendments will include the development of
workforce and transit oriented housing development as part of a mixed-use development.
Recommend approval of the City-initiated amendments to the Land Development Regulations
Section 4.4.29 "Mixed Residential, Office, and Commercial District", Section 4.3.4(K)
Development Standards Matrix, and Section 4.6.9(C) (8) (a) Shared Parking, by adopting the
findings of fact and law contained in the staff report and finding that the request is consistent
with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
Attachment:
· Proposed Ordinance No. 33-06
4
ORDINANCE NO. 33-06
WHEREAS, pursuant to LDR Sectio
reviewed the proposed text amendment at a pu
voted 4 to 0 to recommend that the changes be ap
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SUBSECTIO 4.3.4(K),
"DEVELOPMENT STANDARDS MATRIX"; ENAC SECTION
4.4.29, "MIXED RESIDENTIAL, OFFICE AN MMERCIAL
(MROC) DISTRICT"; AND AMENDI BSECTION
4.6.9(C)(8)(a), "SHARED PARKING", TO A NEW
MIXED-USE ZONING DISTRICT; AVING
CLAUSE, A GENERAL REPEA AN
EFFECTIVE DATE.
ning and Zo ng Board
held on May 15, 2006, and
nd
WHEREAS, pursuant to Flori'
Board, sitting as the Local Planni
consistent with and furthers the goal
Plan; and
, the Planning and Zoning
. ed that the change is
s of the Comprehensive
WHEREAS,
in the Planning a
City of Delray Beach adopts the findings
ity of Delray Beach finds the ordinance
CI
ORDAINED BY THE CITY COMMISSION OF THE
, AS FOLLOWS:
citations set forth above are incorporated herein.
Sectio
Land Developm
Florida, be and the
section 4.3.4(K), "Development Standards Matrix", of the
lations of the Code of Ordinances of the City of Delray Beach,
e is hereby amended to read as follows:
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ORD. NO. 33-06
Section 3. That Section 4.4.29, "Mixed Residential, Office and Commercial
(MROC) District", of the Land Development Regulations of the Code of Ordinances of
the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows:
Section 4.4.29 MIXED RESIDENTIAL. OFFICE AND COMMERCIAL (MROC) DISTRICT
Pur ase and Intent: The MROC District re
residential office and commercial uses in a master-
throuQh a Master Development Plan.
The followin t es of uses are
e. . banks savin s and loan establishments
edical Offices. e.Q.. physicians. dentists. chiropractors. podiatrists.
optometrists, etc.
· Professional Offices. e.Q., attorneys, enaineerinQ firms. architectural
4
ORD. NO. 33-06
"
. Governmental offices. e.Q.. includinQ federal. state, county. and local
offices. alonQ with their related fleet and communications operations
(which will be considered accessory uses to Qovernmental offices and
services). civic centers, courthouses. fire stations, public health facility.
law enforcement offices and facilities. post office. public utility facilities.
communication towers and community f~~!!!ties such as civic centers.
cultural facilities, libraries, auditoriums, ~!I~~ums. and public recreation
facilities and services such as da&I'.fe centers abuse child care
centers.
. ort Services
3 neral Retail Uses: Retail uses not to exceed 20% of the total buildin
square footaQe of the development. includinQ, but not limited to:
· Restaurants, baked Qoods. books. cheeses, beer, wine. liquor,
confectioneries. cosmetics, meats, medicines and prescriptions, flowers
5
ORD. NO. 33-06
,I
and plants. fruits and veqetables. food. qifts. qlassware. ice cream,
leather qoods. luqgaqe. medical and surqical equipment. music and
musical instruments. nautical supplies. office furniture equipment and
supplies. pets and pet supplies. photoqraphic equipment and supplies.
sewinq supplies. sportinq qoods. tOYS, wearinq apparel and accessories.
a liances bic des business machines . e:we I .
. Galleries butcher sho
libraries newsstands
qaraqes.
.
dential units at a distance measured b airline route reater than
00 feet of a transit station ma com rise 75% of the total floor area of
the development master plan at a maximum density of (40) units per
acre and only when proposed as part of a mixed-use development
containinq office and/or commercial uses.
6
ORD. NO. 33-06
.'
(a) Residential developments must include a minimum of 20% workforce
units consistinq of moderate income workforce units as defined by
Article 4.7 Family/Workforce Housinq
(b) Workforce units shall be subiect to qeneral provisions of Article 4.7.6.
4.7.7,4.7.8.4.7.9. and 4.7.10. Notwithstandinq the above. residentially
developed sites within 1.000 linear feet'l!r~asured by airline route) of
the Tri-Rail station can contain 1000?offlll_B'rkforce housinq units. If a
ortion of the arcel is within 1 000 IiBllftllreet this re ulation shall a I
to the entire parcel.
c rovisions of LDR
d All residential develo
Standards of 4.4.13 I
when a
conference facilities when associated with uses in the Master
ices and re air of items incidental to the rinci al use.
ment
(,<e'?n;?; ana ement field 0 erations services and communication facilities
associated with qat'e:M'mental offices and services.
(D) Supplemental Uses: The followinq uses are allowed within the Office and
Research and Development use areas of the MDP provided that they are of such a scale.
desiqn. and location to cater to the needs of employees of the office center or research and
7
ORD. NO. 33-06
,I
development park. Space allocations for these uses shall be identified durinq the Master
Development Plan approval.
. Lunch counters, cafeterias. restaurants. snack bars, and vendinq machine
areas
. Classroom and trainino facilities
. Child Care facilities
. Sundry shops
. Exercise facilities
(1 Health s
open to the qeneral public
2
3
2 tablished structures uses shall be allowed therein u
and approval by. tt1~lfehief Buildinq Official for a certificate of occupancy.
lication to
(3) Any new development approval must be qranted by the Site Plan Review
and Appearance Board with respect to Sections 2.4.5(F), (H). and (I) and be consistent with the
approved Master Development Plan (MOP). A site plan modification shall follow procedures
8
ORD. NO. 33-06
outlined in Section 2.4.5(G).
(4) Conditional uses must be approved pursuant to the provisions of Section
2.4.5(E).
(G) Development Standards:
of the
tail uses shall not encom ass more than twent ercent 20% of
the total buildino area square footaoe of the MROC development.
!Q} Hotels. motels. and residential all suite lodoino shall not encompass
more than 20% of the total buildino area square footaoe of the MROC
development. Notwithstandino the above, hotels, motels and residential
9
ORD. NO. 33-06
.'
all suite lodqinq can comprise 100% of the floor area of an individual
buildinq within a MOP containinq multiple buildinqs.
liU Multi-familv uses as identified under LOR Section 4.4.29(8)(4).
(b)
Land area, equal to at least 25% of the total MROC district
includinq the perimeter landscaped boundary. shall be in open
space. Landscape areas required to meet internal parkinq lot
desiqn requirements. water bodies and paved areas shall not be
included in the meetinq of this 25% open space requirement.
(d) Perimeter Development: A landscape buffer shall be provided
around each MROC development. Parkinq, structures, perimeter roadways, and other pavinq is
10
ORD. NO. 33-06
.'
not permitted within this buffer except for bicycle paths, sidewalks, ioqQinq trails, and driveways
or access streets which provide inqress and eqress for traffic and which are qenerally
perpendicular to the buffer. The width of the buffer shall be the smaller distance of either the
dimensions below or 10% of the averaqe depth of the property: however. in no case shall the
landscape area be a width of less than ten (10) feet:
30 feet
40 feet
25 feet
25 feet
e Minimum Structure n free-standin non-residential
principal structure shall have a mini~~,~;..t.loor area O~~,~~~O square feet shall be architecturally
consistent with other structures in tfaei:lilaster develo'RiI~mt Ian. and shall have direct access
to and from other ortions of the MR nl.
2 ercial Floor Hei hts shall be a minimum of
twelve feet'i';~~;l:!I?Orfllt~!'on the'flr~'llIff:I:l!)ir and ten (10') floor to floor on all floors above.
ReSiden~!~~:!!I$l:sesj!~~~!I,ha"I!~!kRilinimum nine feet (9') floor to floor on all floors. Hotel. motel and
resid~,~~!~I:i:all suite"'ii~~~Rq st!\~':I::i;~,ave a minimum of eiqht feet six inches (8' 6") floor to floor on
all tl,~~~. Auxiliary an~il"~~rvicel;!i'~~i?;p1s, such as, qaraqes, restrooms, closets, laundry rooms,
dres~'I~:'hrooms, storaci'eil!i'itooms,;mechanical. electrical. and plumbinq equipment rooms are
exem feEllilfc;om the floor l1,el': ht re ulations.
ill Conqress Avenue Frontaqe: To the qreatest extent possible
buildinqs shall be placed at the minimum setback to a
maximum heiqht of 42'. Thereafter. additional setbacks for the
portion of the buildinq exceedinq 42' shall be a minimum of an
additional 1 0'.
11
ORD. NO. 33-06
. .' .
m Front Yard: Shall be the minimum identified in LOR Section
4.4.29 (G) (2) (d) (Perimeter Development Buffers) to a
maximum heiQht of 42'. Thereafter, additional setbacks for
the portion of the buildinQ exceedinQ 42' shall be a minimum
of an additional 10'.
m
ffi
@
be a minimum of 25 feet. For the
structures are not considered
setbacks or lanes
rovide visual relief.
ulations as set
for restaurants is established at twelve 12
Th in re uirements for residential units in multi-famil structures or
mixed-use buildlnlliiEilliilil be as follows:
l!ii!!1i1I!W
. Efficiency dwellinq unit
. One bedroom dwellinQ unit
· Two or more bedroom dwellinQ unit
1.0 space/unit
1.25 spaces/unit
2.00 spaces/unit
12
ORD. NO. 33-06
,r
area.
. Two or more bedroom dwellinq units within
1000' of a Tri-Rail station
. Guest parkinq shall be provided cumulatively as
follows:
- for the first 20 units
- for units 21-50
- for units 51 and above
1.5 spaces/unit
0.50 spaces/unit
0.30 spaces/unit
0.20 spaces/unit
of floor area.
are feet of floor
uare feet
e as outlined in LDR Section
4.6.9.(C)
formula under LDR
ma
(1) ocumentation which constitutes evidence of unified control of the entire
area within an MROC development must be provided at the time of submission of the Master
Development Plan.
(2) A proqram for full provision, maintenance, and operation of common areas,
13
ORD. NO. 33-06
. A' Ill'
improvements. facilities. and services for the common use of occupants of the MROC
development, and which specificallv provides that no such elements or features shall be
provided or maintained at the public's expense, must be provided at the time of submission of
the Master Development Plan.
(3) Executed aQreements. contracts. covenants. deed restrictions. sureties. or
other leQal arranQements for the maintenance, repair. andlmlll'eration of matters under
Subsection I 2 and which bind successors in title to an suchlll'~(1)'mmitments shall be rovided
rior to certification of a MROC site and develo ment Ian.
Section 4. That
Development Regula'
Florida, be and the
d Parking", of the Land
dinances of the City of Delray Beach,
read as follows:
'g or combination of buildings on a unified site
resl commercial purposes, and is located with the
C or PC zoning district, the minimum total number of required
hall be determined by the following method:
req parking spaces for each individual use by the appropriate
listed in the table below for each of the designated time periods.
Iting minimum required spaces in each of the five vertical columns
. The minimum total parking requirement is the highest sum of the
umns.
14
ORD. NO. 33-06
. .'
Shared Parking Calculations Table
Use for multiple use projects which include residential in CSD, GC, MROC and PC zoning districts
Weekday
Weekend
Use
Night
Day Evening
Residential
Office
Commercial/Retail
Hotel
Restaurant
Entertainment/Recreational
theatres, bowlin aile s, etc
Other
6 P.M. to
Midnight
90%
5%
70%
100%
100%
100%
100%
100% 100%
ared parking calculations table,
ial uses, a minimum of one (1)
esidential unit. These reserved
or 0 es, must be included in the "other"
Yo utilization. Furthermore, subsequent to the
ccupancy (CO), the reservation of additional
ite plan modification and be subject to the
requirements.
ny section or provision of this ordinance or any portion
ce, or word be declared by a court of competent
ion shall not affect the validity of the remainder hereof
the part declared to be invalid.
dinances or parts of ordinances in conflict herewith be, and
d.
Section 7.
passage on secon
this ordinance shall become effective immediately upon its
nd final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of , 200_
15
ORD. NO. 33-06
. ,;'. ,
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
11/08/06
16
ORD. NO. 33-06
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CITY OF DElRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE lAND
DEVELOPMENT
REGULATIONS
ESTABLISHING A MIXED
RESIDENTIAL, OFFICE AND
COMMERCIAL ZONING
DISTRICT
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 33-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOP-
MENT REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SUBSECTION 4.3.4(K), "DEVELOPMENT STAN-
DARDS MATRIX"; ENACTING SECTION 4.4.29, "MIXED RESI-
DENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT";
AND AMENDING SUBSECTION 4.6.9(C)(8)(a), "SHARED
PARKING", TO ESTABLISH A NEW MIXED-USE ZONING
DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the purpose
of accepting public testimony regarding the proposed ordinance. The first
Public Hearing will be held on TUESDAY. NOVEMBER 21.2006. AT 7:00
f.M.. in the Commission Chambers at City Hall, 100 N.w. 1st Avenue,
Delray Beach, Florida. If the proposed ordinance is passed on first
reading, a second Public Hearing will be held on TUESDAY. DECEMBER
5.2006. AT 7:00 P.M. (or at any continuation of such meeting which is set
by the Commission) in the Commission Chambers at City Hall, 100 N.w.
1stAvenue, Delray Beach, Florida.
All interested citizens are invited to attend the public hearings and
comment upon the proposed ordinance or submit their comments in writing
on or before the date of these hearings to the Planning and Zoning Depart-
ment. For further information or to obtain a copy of the proposed
ordinance, please contact the Planning and Zoning Department, City Hall,
100 N.w. 1st Avenue, Delray Beach, Florida 33444 (email at
pzmail@mydelraybeach.com) or by calling 561/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding
holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A
VERBATIM RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE
CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD
PURSUANT TO F.S. 286.0105.
PUBLISH: Monday, November 13, 2006
Tuesday, November 28, 2006
Boca RatonlDelray Beach News
Ad # NS1106151
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
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www.bocanews.com . Boca RatonlDelray Beach News. Tuesday.Wednesday, November 28.29. 2006 7 A
NOTICE OF PUBLIC HEARING
NOTICE OF COMPREHENSIVE PLAN CHANGE 2006-1
CITY OF DELRAY BEACH, FLORIDA
The City Commission of the City of Delray Beach will consider the following ordinance:
ORDINANCE NO. 38-06
AN ORDINANCE OF THE CITY COMMISSION OFTHE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPRE-
HENSIVE PLAN AMENDMENT 2006.1, PURSUANTTO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPRE.
HENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT~FLORIDA STATUTES SECTION 163.3161
THROUGH 163.3243. INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT"A"ENTITLED"COMPRE.
HENSIVE PLAN AMENDMENT2006-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
Public Hearing regarding Comprehensive Plan Amendment 2006.1 will be held on TUESDAY. DECEMBER 5.
2.QQ.6.LM.1;.~ (or at any continuation of such meeting which is set by the Commission), in the Commis.
sion Chambers at City Hall, 100 N.w. I st Avenue, Del ray Beach, Florida.
The proposed TEXT AMENDMENTS to the Comprehensive Plan address the following subject
matter:
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 ofTable 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 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 housin!]
overlay districts in the CMR (Commerce) FLUM designation when a minimum of 2S% 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 FamilylWorkforce 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.
f. Future Land Use Element - Modification of the description of the Commerce FLUM designa-
tion 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.
g. Capital Imp.rovement Element - Modification ofTable (I-(lP (S-Year Cagitallmprovements
Schedule For Projects> $25,000) to reflect adoption ofthe FY 2007-2011 Capital Improvement
Program; and
h. Coastal Management Element - Modification of Policy C-3.S to allow for the reconstruction of
nonconforming commercial structures within the Coastal Planning Area which are damaged or
destroyed by an Act of God.
Changes to the FUTURE LAND USE MAP (FLUM) involving four (4) areas of land, will also be
transmitted as a part of Amendment # 2006-1.
.
"-
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-An.AHlC
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A~d.a-
LOCATION MAP GENERAL LOCATION ACTION PARCEL SIZE IN
NUMBER ACRES
A. Federal Highway Generally located FROM: GC (General 21.6
Area, between NE 4th between NE 4th Street Commercial)
Street and George and George Bush
Bush Boulevard and Boulevard and TO: CC (Commercial
700 &707 NE 6th extending from the FEC Core)
Avenue (former OC Railroad to
Taylor dealership site) approximately 1/2 block
east of NE 6th Avenue.
B. Congress Avenue Generally located South FROM: TRN 225.5
Mixed Use of West Atlantic Avenue
to the L-38 Canal, (Transitional) in part,
between Congress CMR (Commerce) in
Avenue and the CSX part, CF (Community
Railway and including Facilities) in part and
the Congress Park, GC (General
Congress Park South Commercial) in part
and Office Depot TO: CMU (ConBress
developments located
on the west side of Avenue Mixed se)
Congress Avenue
C. Depot Avenue North of West Atlantic FROM: IND (Industrial) 8.8
Property Avenue, between
Depot Road and CSX TO: CMR (Commerce)
Railroad
D. City OWned Tract West side of Barwick FROM: County MR-5 3.18
Adjacent to Bexley Park Road, north of L-31 (Medium Density
Canal Residential,S units
per acre)
TO: MD(Medium
Density Residential 5-
12 du/ac) in part
The City Commission will conduct this Public Hearing for the purpose of the adoption of Comprehensive
Plan Amendment 2006-1.
All interested parties are invited to att~ndthe public hearing and comment upon the Plan Amendment or
submit their comments in writing to-the Planning and Zoning Department. Further information concerning
the proposed amendments can be obtained from the Plannmg and Zoning Department, City Hall, 100 N.W.
1 st Avenue, Delray Beach, FL 33444 (email atpzmail@mydelraybeach.com) or by calling 561/243-7040,
between the hours of 8:00 a,m. and 5:00 p.m., Monday through Friday, excluding holidays.
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 hearing, such person will need a record of the proceedings, and for this
purpose such person may need to ensure that a verbatim record of the proceedmgs is made, which record
includes the testimony and evidence upon which the appeal is based. The City does not provide or prepare
such record pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
PUBLISH: Tuesday, November 28,2006
ORDINANCE NO. 33-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SUBSECTION 4.3.4(K),
"DEVELOPMENT STANDARDS MATRIX"; ENACTING SECTION
4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL
(MROC) DISTRICT"; AND AMENDING SUBSECTION
4.6.9(C)(8)(a), "SHARED PARKING", TO ESTABLISH A NEW
MIXED USE ZONING DISTRICT; 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 May 15, 2006, and
voted 4 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings
in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance
is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Subsection 4.3.4(K), "Development Standards Matrix", 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:
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ORD. NO. 33-06
Section 3. That Section 4.4.29, "Mixed Residential, Office and Commercial (MROC)
District", of the Land Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby enacted to read as follows:
Section 4.4.29 MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT
(A) Purpose and Intent: The MROC District requlations provide for a mix of
residential. office, and commercial uses in a master-planned environment, which is controlled
throuqh a Master Development Plan.
It is desired that the existence of the MROC Zoninq District will encouraqe the
development of Class A office buildinqs. supportinQ commercial uses and residential units in a
master planned environment, which will provide housinq (both market rate and workforce), and
employment opportunities for the residents of the Greater Delray Beach Community.
The MROC District is applied to property which has a Mixed-Use Future Land Use
Map desiqnation and is bounded by West Atlantic Avenue on the north, the C-15 Canal to the
south. the 1-95 transportation corridor on the east and qenerally Conqress Avenue on the west
toqether with the Conqress Park. Conaress Park South, and the Office Depot complexes,
located iust west of Conaress Avenue. The districts primary obiectives are to create hiah Quality
iobs and to increase tax base within the corridor. To that end, the district encouraaesstand
alone Class A office buildinas and mixed-use development within the corridor with commercial
or office uses on the around floor and office or residential uses above while utilizina new urban
desian elements.
(B) Principal Uses and Structures Permitted: The followina types of uses are
allowed within the MROC district as permitted uses:
(1) Office Center: The "Office Center" uses within an MROC development
may comprise as much as one hundred percent (100%) of the total buildina square footaae
within the development. These uses can include:
. Financial Institutions, e.q.. banks, savinQs and loan establishments,
brokeraae firms
. Medical Offices. e.q., physicians, dentists, chiropractors, podiatrists,
optometrists. etc.
. Professional Offices. e.a.. attorneys. enaineerinQ firms, architectural
firms. real estate aqencies, consultation seNices. accountina firms, etc.
4
ORD. NO. 33-06
· Governmental offices. e.q.. includinq federal. state. county. and local
offices. alonQ with their related fleet and communications operations
(which will be considered accessory uses to qovernmental offices and
services). civic centers. courthouses. fire stations. public health facility.
law enforcement offices and facilities. post office. public utility facilities.
communication towers and communities such as civic centers. cultural
facilities. library auditorium. museums and public recreation facilities.
and services such as day care centers. abuse. child care centers.
. Business Support Services. primarilY enqaqed in renderinq services to
other buildinQ establishments. e.q., such as mailinq. buildinq
maintenance. personnel and employment services, manaqement. and
consultinq services. protective services, COpy and printinq. travel. office
supply. and similar services.
(2) Research and Development: Research and Development (R&D). uses
involve either some deqree of product creation. testinq, evaluation. and development or the
provision of testinq and evaluation services for use by others. R&D uses may constitute 100%
of the total buildinq square footaqe within the development. Examples of such uses or
resultinq products include:
Product Creation. Testina. Evaluation. and Development:
. computer hardware
. computer software
. pharmaceuticals
Research and Development Services:
. calibration laboratories or services
. chemical laboratories
. commercial testinQ laboratories
. soil laboratories
. scientific research laboratories
(3) General retail uses. not to exceed 20% of the total buildinq square footaqe
of the development. includinq. but not limited to:
*
Restaurants. baked qoods. books. cheeses. beer, wine. liquor.
confectioneries. cosmetics. meats. medicines and prescriptions,
5
ORD. NO. 33-06
flowers and plants. fruits and veoetables. food. oifts. olassware. ice
cream. leather ooods. luaoaoe. medical and suroical eouipment, music
and musical instruments. nautical supplies. office furniture eauipment
and supplies. pets and pet supplies. photoaraphic eauipment and
supplies. sewino supplies. sportina aoods. tOYs. wearina apparel and
accessories. appliances. bicycles. business machines. iewelry.
*
Barber and beauty shops and salons. caterers. dry cleanina limited to
on-site processina for customer pickup only. dry cleanina and laundry
pickup stations. outdoor cafes. tailorina. tobacconist.
*
Galleries. butcher shops. cocktail Iou noes. exercise facilities e.a. ayms
and clubs. museums. libraries. newsstands. commercial or public
parkina lots and parkino oaraoes.
(4) Multi-family dwellino units. excludino duplexes. UP to a
maximum density of forty (40) units per acre. The density may be
increased to fifty (50) units per acre within 2.500 linear ft. (measured
by airline route) of the Tri-Rail Station. subject to special reaulations
identified in LDR Section 4.4.13(1) Performance Standards. and LDR
Section 4.7 Workforce Housino and only when proposed as part of a
mixed-use development containino office and/or commercial uses and
subject to the followina:
· Residential units may comprise 75% of total floor area of the Master
Development Plan and UP to 80% of the total floor area of the
Master Development Plan within 2.500 feet of a transit station.
. Residential developments must include a minimum of 20%
workforce units consistina of moderate income workforce units as
defined by Article 4.7 Family/Workforce Housino.
. Workforce units shall be subiect to aeneral provisions of Section
Article 4.7.6. 4.7.7.4.7.8. 4.7.9.4.7.10.
. For mixed-use developments. the shared parkina provisions of LDR
Section 4.6.9. (C)(8) shall be allowed.
. All residential developments shall be subject to the Performance
Standards of 4.4.13(1)
6
ORD. NO. 33-06
(5) Hotels. motels. and residential all suite lodqinq (residential inns).
(C) Accessory Uses and Structures Permitted: The followinq uses are allowed
when a part of. or accessory to. the principal use:
(1) Parkinq lots.
(2) Refuse and service areas.
(3) Meetinq and conference facilities when associated with uses in the Master
Plan.
(4) Provision of services and repair of items incidental to the principal use.
(5) Recreational facilities attendant to a multi-family residential development.
such as tennis courts. swimminq pools. exercise areas. and meetinq rooms.
(6) Fleet Manaqement. field operations services. and communication facilities
associated with qovernmental offices.
(D) SUDDlemental Uses: The followina uses are allowed within the Office and
Research and Development use areas provided that they are of such a scale. desiqn. and
location to cater to the needs of employees of the office center or research and development
park. Space allocations for these uses shall be identified durinq site plan approvals.
. Lunch counters. cafeterias. restaurants. snack bars. and vendinq machine
areas
. Classroom and traininq facilities
. Child Care facilities
. Sundry shops
. Exercise facilities
(E) Conditional Uses and Structures Allowed: The followinq uses are allowed as
conditional uses within the MROC District: (Uses approved in this section would be part of the
20% aeneral retail maximum).
(1) Health spas. fitness centers. qymnasiums. and exercise facilities which are
open to the aeneral public
(2) Veterinary clinics.
7
ORD. NO. 33-06
(F) Review and Approval Process:
(1) All Development within the MROC District shall be aoverned by a Master
Development Plan (MOP). The MOP shall consist of a narrative; a land use map: conceptual
site, landscapina, and utility plans; and conceptual elevations and architectural information. A
MOP shall be processed pursuant to Section2.4.5(F) with approval aranted by the Plannina and
Zonina Board. A MOP may be modified pursuant to Section 2.4.5(G).
(2) In established structures, uses shall be allowed therein upon application to,
and approval by, the Chief Buildinq Official for a certificate of occupancy.
(3) For any new development approval must be aranted by the Site Plan
Review and Appearance Board with respect to Sections 2.4.5(F), (H), and (I) and be consistent
with the approved Master Development Plan (MOP). A site plan modification shall follow
procedures outlined in Section 2.4.5(G).
(4) Conditional uses must be approved pursuant to the provisions of Section
2.4.5(E).
(5) Applications for site plan approval pursuant to Section 4.4.13(1) must
include, in addition to the standard application items of 2.4.3(A), a site and development plan
(includina landscapina, elevations, and floor plans) that is of sufficient detail to determine that
the applicable performance standards are beina met. Final approval of the detailed site plan is
by the Site Plan Review and Appearance Board and is to be consistent with adopted (MOP).
(G) Development Standards:
The followina standards shall be adhered to for any development within the
MROC District. Waivers and variances to these standards may be approved by the Plannina
and Zonina Board concurrent and as a part of the approval of a Master Development Plan
(MOP).
It is the intent of this subsection to establish minimum standards for development
within the MROC Zone District. When considerina a Master Development Plan (MOP) in any
Mixed Residential. Office, and Commercial (MROC) development proposal, the Plannina and
Zonina Board may attach suitable conditions, safeauards, and stipulations to address the
specific characteristics of the site and potential impacts of the proposed development.
8
ORD. NO. 33-06
(1) Standards Pertainina to Allocation of Uses:
(a) Office Center can encompass UP to one hundred percent (100%) of the
total buildinQ square footaoe within an MROC development.
(b) Research and Development can encompass UP to one hundred
percent (100%) of buildino area square footaoe of the total MROC
development. Furthermore. such use may be placed within any of the
"land use areas" depicted on the MOP.
(c) Retail uses shall not encompass more than twenty percent (20%) of the
total buildino area square footaoe of the MROC development.
(2) Standards UniQue to the MROC District: Where standards unique to the
MROC District conflict with standards contained elsewhere in the zonino. subdivision. and
landscape codes. the standards of this Subsection (2) shall apply.
(a) Minimum Site Area: Minimum site area for the total development
within the MROC District is to be three (3) acres. However. the approvino body may orant a
waiver to the three acre requirement upon a determination that the development is consistent
with the purpose and intent of the MROC District and there exists oood cause for not
aQoreoatino additional property.
(b) Minimum Floor Area:
· Tenant space within research and development use areas must
have a minimum of 1.000 square feet per tenant.
· There are no minimum requirements for office and commercial
uses.
· Residential units are subiect to the minimum square footaoe per
unit requirements of LOR Section 4.3.4(K).
(c) Lot Coveraae & Open Space:
· Lot coveraQe by buildinQ: a maximum of 60% of the area of any
individual lot.
9
ORD. NO. 33-06
· For open space: land area. equal to at least 25% of the total
MROC district includina the perimeter landscaped boundary.
shall be in open space. Landscape areas required to meet
parkina lot desian requirements. and paved areas shall not be
included in the meetina of this 25% open space requirement.
(d) Perimeter Development: A landscape boundary shall be provided
around each MROC development. Parkina. structures. perimeter roadways. and other pavina is
not permitted within this peripheral areenbelt except for bicycle paths. sidewalks. ioaainq trails.
and driveways or access streets which provide inaress and earess for traffic and which are
aenerally perpendicular to the areenbelt. The width of the areenbelt shall be the smaller
distance of either the dimensions below or 10% of the averaae depth of the property; however.
in no case shall the landscape area of less than ten (10) feet:
· When adiacent to a collector or arterial street
· When abuttino residentially zoned property
· When adiacent to but separated from residentially
zoned property by a street. waterway. alley. railway
or park
30 feet
40 feet
25 feet
(e) Minimum Structure Size: Any free-standinq principal structure shall
have a minimum floor area of 4.000 square feet: shall be architecturally intearated with other
structures; and shall have direct access to and from other portions of the MROC development.
(f) Heiaht:
(1) Buildinas shall be a minimum of twenty-five feet (25') and a
maximum of eiahty-five feet (85') in heiaht.
(2) Office and Commercial Floor Heights shall be a minimum of
twelve feet (12') floor to floor. All mixed-use development shall have a minimum of twelve (12')
floor to floor devoted to offices or commercial and nine feet (9') floor to floor for residential floors
above. Auxiliarv and service rooms. such as. aaraaes. restrooms. closets. laundrv rooms.
dressina rooms. storaae rooms. mechanical. electrical. and plumbina equipment rooms are
exempted from the floor heiaht reaulations.
(3) All floors above sixty feet (60') shall have the building
setbacks or planes of the facade that are offset and varied to provide visual relief.
10
ORD. NO. 33-06
(H) Supplemental District Reaulations: The supplemental district requlations as set
forth in Article 4.6 shall apply except as modified by. or added to. as follows:
(1) The perimeter buffer shall be landscaped to provide a boulevard effect
alono Conqress Avenue to the property lines.
(2) The parkino requirement for restaurants is established at twelve (12)
spaces per 1.000 square feet of floor area.
(3) The parkino requirements for residential units in multi-family structures or
mixed-use buildinqs shall be as follows:
. Efficiency dwellino unit
. One bedroom dwellino unit
. Two or more bedroom dwellinq unit
. Guest parkino shall be provided cumulatively
as follows:
- for the first 20 units
- for units 21-50
- for units 51 and above
1.0 space/unit
1.25 spaces/unit
1.75 spaces/unit
0.50 spaces/unit
0.30 spaces/unit
0.20 spaces/unit
(5) The parkino for office uses shall be 4 spaces per 1.000 square feet of floor
area.
(6) For mixed use developments. the shared parkino formula under LOR
Section 4.6.9(c)(8) can be utilized.
(7) Location of Guest Parkina Spaces: Guest parkino spaces must be
accessible to all visitors and quests and may be centralized or located near recreational
features within a development proiect.
(J) Special Reaulations:
(1) Documentation which constitutes evidence of unified control of the entire
area within an MROC development must be provided at the time of submission of the Master
11
ORD. NO. 33-06
Development Plan.
(2) A prOQram for full provision. maintenance, and operation of common areas,
improvements, facilities. and services for the common use of occupants of the MROC
development. and which specifically provides that no such elements or features shall be
provided or maintained at the public's expense. must be provided at the time of submission of
the Master Development Plan.
(3) Executed aareements, contracts. covenants, deed restrictions. sureties. or
other leaal arranQements for the maintenance, repair. and operation of matters under
Subsection (1)(2) and which bind successors in title to any such commitments, shall be provided
prior to certification of a MROC site and development plan.
(4) The applicant must be able to bind the entire area within a proposed
MROC development to the terms. conditions. uses, and site development plan as approved in
the Master Development Plan.
(5) 24-Hour or late niQht businesses as defined herein must be processed as a
conditional use and are subiect to the provisions of Section 4.3.3(W) except for aovernmental
offices and services.
(6) Multi-family dwellinQ units may be located in structures that are comprised
of residential units only or in mixed-use buildinQs that contain a combination of residential and
non-residential uses. However. where residential uses are located in structures havinQ frontaQe
on ConQress Avenue. there must be nonresidential uses frontinQ the Avenue on the Qround
floor.
Section 4. That Subsection 4.6.9(C)(8)(a), "Shared Parking", 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:
(a) Shared Parkina: When a building or combination of buildings on a unified site
is used for both residential and commercial purposes, and is located with the
CBD, GC, MROC or PC zoning district, the minimum total number of required
parking spaces shall be determined by the following method:
Multiply the required parking spaces for each individual use by the appropriate
percentage listed in the table below for each of the designated time periods.
Add the resulting minimum required spaces in each of the five vertical columns
for the table. The minimum total parking requirement is the highest sum of the
vertical columns.
12
ORD. NO. 33-06
Shared Parking Calculations Table
Use for multiple use projects which include residential in CBD, GC and PC zoning districts
Weekday Weekend
Use Night Day Evening Day Evening
6 P.M. to
Midnight to 9A.M.to Midnight 9 A.M. to 6 P.M. to
6 A.M. 4 P.M. 4 P.M. Midnight
Residential 100% 60% 90% 80% 90%
Office 5% 100% 10% 1 0% 5%
Commercial/Retail 5% 70% 90% 100% 70%
Hotel 80% 80% 100% 80% 1 00%
Restaurant 10% 50% 100% 50% 100%
Entertainment/Recreational 10% 40% 100% 80% 1 00%
(theatres, bowline allevs, etc)
Other 100% 100% 100% 1 00% 1 00%
For mixed use developments utilizing the shared parking calculations table,
which contain both residential and non-residential uses, a minimum of one (1)
parking space shall be reserved for each residential unit. These reserved
spaces, or any spaces reserved for other uses, must be included in the "other"
category and applied as 100% utilization. Furthermore, subsequent to the
issuance of a Certificate of Occupancy (CO), the reservation of additional
parking spaces will require a site plan modification and be subject to the
provision of the. minimum parking requirements.
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.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 7. That this ordinance shall become effective upon the adoption of
Comprehensive Plan Amendment 2007-01.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of , 200_
13
ORD. NO. 33-06
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
9/06/06
14
ORD. NO. 33-06
MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CITY MANAGER t'i'1
AGENDA ITEM # IO.c - REGULAR MEETING OF DECEMBER 5. 2006
ORDINANCE NO. 71-06
TO:
SUBJECT:
DAlE:
DECEMBER 1, 2006
This ordinance is before Commission for second reading and quasi judicia/ hearing for a privately
initiated rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) for an 8.8 acres
property located along Depot Road, north of the Old Train Station, between the CSX Railroad and 1-
95.
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 currendy
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. While
residential development is not currendy allowed with the Industrial Zoning District or the proposed
Mixed Industrial and Commercial (MIC) zoning district, the applicant has requested that the
residential component be allowed via the creation of a new overlay district on this site. Following the
approval of the 2006-1 Comprehensive Plan Amendment, an LDR text amendment to allow the
residential component will have to be processed. The Future Land Use Map amendment for the
subject property was transmitted to the DCA (Department of Community Affairs) as part of
Comprehensive Plan Amendment 2006-1.
On July 17, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was no public testimony. The Board voted 6 to 0 to recommend that the request be
approved. Staff recommends approval based upon the findings of fact and law contained in the staff
report, and finding that the request is consistent with the Goals, Objectives and Policies of the
Comprehensive Plan and does meet the criteria set forth in LDR Section 2.4.5. (D) (5) (Rezoning
Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning
Actions).
At the first reading on November 21,2006, the Commission passed Ordinance No. 71-06.
This ordinance to be continued to a date certain of January 16,2007, in conjunction with the adoption
of Comprehensive Plan Amendment 2006-1.
S:\City Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 71-06 Rezoning from I to MIC Depot Road 2nd Reading 1205.06.doc
TO:
THRU:
FROM:
SUBJECT:
DAV~~'H H' MANAGER
PA';t;& _~IN~ .. ;RECTOR OF PLANNING AND ZONING
ESTE IOB~ lOR PLANNER
MEETING OF NOVEMBER 21, 2006
PRIVATELY INITIATED REZONING FROM I (INDUSTRIAL) TO MIC (MIXED
INDUSTRIAL AND COMMERCIAL) FOR AN 8.8 ACRES PROPERTY LOCATED
ALONG DEPOT ROAD. NORTH OF THE OLD TRAIN STATION. BETWEEN THE
CSX RAILROAD AND 1-95.
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. While residential development is not currently allowed within the Industrial Zoning District
or the proposed Mixed Industrial and Commercial (MIC) zoning district, the applicant has requested
that the residential component be allowed via the creation of a new overlay district on this site.
Following approval of the 2006-1 Comprehensive Plan Amendment an LDR text amendment to
allow the residential component will have to be processed. The Future Land Use Map amendment
for the subject property was transmitted to DCA (Department of Community Affairs) as part of
Comprehensive Plan Amendment 2006-1. Comprehensive Plan 2006-1 will be before the City
Commission in December or January depending on whether the City receives an Objective,
Recommendations and Comments (ORC) report. Additional background and an analysis of the
request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of July 17, 2006, the Planning and Zoning Board held a public hearing in conjunction
with the request. There was no public testimony. After reviewing the staff report and discussing the
proposal, the Board voted 6 to 0 to recommend that the request be approved. The request was
approved based upon positive findings with respect to LDR Section 2.4.5.(D)(5) (Rezoning
Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning
Actions).
By motion, approve on first reading the ordinance for 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, based upon the findings of fact and law contained in
the staff report, and finding that the request is consistent with the Goals, Objectives, and Policies of
the Comprehensive Plan and does meet the criteria set forth in LDR Section 2.4.5.(D)(5) (Rezoning
Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning
Actions).
Attachments:
· P & Z Staff Report of July 17, 2006 and Proposed Ordinance
IZ,B
ORDINANCE NO. 71-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED I (INDUSTRIAL) DISTRICT TO MIC (MIXED
INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING
A PARCEL LOCATED NORTH OF THE OLD TRAIN STATION,
BETWEEN THE CSX RAILROAD AND 1-95, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRA Y BEACH, FLORIDA, MARCH 2006"; PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTNE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Del ray Beach, Florida, dated March 2006, as being zoned I (Industrial) District; and
WHEREAS, at its meeting of July 17, 2006, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0
to recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes l63.3l74(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
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 Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of MIC (Mixed Industrial and
Commercial) District for the following described property:
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray
Beach, Palm Beach County, Florida, said parcel being more particularly described as follows:
That part of the East ~, of the Northeast ~ , of the Northeast ~, and that part of the West ~ of the
Northeast ~ of the Northeast ~ of the Northeast ~ of Section 18, Township 46 South, Range 43 E,
lying East of the right-of-way of the S.A.L. Railroad and West of the right-of-way of the relocated
NW 2nd Avenue, as recorded in Official Records Book 2221, Page 1868, and in Official Record
Book 2228, Page 1650, both of the Public Records of Palm Beach County, Florida; less the rights of
way as shown in Plat Book 6 Page 51, of the Public Records of Palm Beach County, Florida and
less the South 15 feet of the East ~ of the Northeast ~ of the Northeast ~ of Section 18; said lands
situated, lying and being in Palm Beach County, Florida, less the E-4 Canal right-of-way, and less
the Southerly 227.13 feet.
Also less
Parcel 111 and Parcel 112, order of taking, as recorded in Official Record Book 13672, Page 0640
(05/03/2002) Tri County Commuter Rail Corridor Improvement Program
Said Property being more particularly described as follows:
Commencing at the Northeast comer of said Section 18, thence with a bearing of North 89" 09' 21"
West, along the North line of Section 18, a distance of 251.13 feet, to a point on the East right-of-
way line of the C.S.X. Railroad; thence with a bearing along the East right-of-way line of the C.S.X.
Railroad with a bearing of South 14" 51' 25" West, a distance of 143.88 feet to the point on the
South right-of-way line of the Lake Worth Drainage District, Equalizing Canal No E-4, and the
point of beginning of the property to be described; thence with a curve to the left along the South
right-of-way line of the E-4 Canal, having a radius of 600.00 feet a central angle of II" 49' 01" and
an arc length of 123.75 feet, a chord bearing on North 830 53' 28" East to a point on the West right-
of-way line of the relocated NW 2nd Avenue; thence with a curve to the left, having a chord bearing
of South 10" 17' 59" West, a radius of215.00 feet, a central angle of280 49' 12", and an arc length
of 108.15 feet, to a point; thence continue along the West right-of-way line of NW 2nd Avenue
with a bearing of South 040 06' 37" East, a distance of 894.55 feet to a point; thence with a bearing
of North 890 02' 01" West a distance of 133.48 feet; thence with a bearing of North 000 30' 49"
West, a distance of 423.33 feet; thence North 890 02' 36" West, a distance of 176.94 feet to a point
on the East right-of-way line of the C.S.X Railroad; thence with a curve to the right having a chord
bearing, of North 070 10' 05" East, a radius of2815.00 feet, a central angle of 000 28' 58", and an
arc length of 23.72 feet to a point: thence with a bearing of South 880 46' 39" East, a distance of
2.13 feet to a point; thence with a bearing of North 140 51' 25" East, along the East right-of-way
line ofthe C.S.X Railroad, a distance of 550.91 feet, more or less to the point of beginning.
2
ORD NO. 71-06
Together With
Tract 1 and Tract 2
Being a parcel of land in the E 14 of the NE 14 of the NE 14 of Section 18, Township 46 South,
Range 43 East, Palm Beach County, Florida, also being a portion of the parcel described in
Warranty Deed from Southeast Investments of Palm Beach County, Inc. to JM Houston and Lilian
Houston his wife, dated July 11, 1980, lying East of a line parallel with and 264.00 feet West of as
measured at right angles to the East line of Section 18, said parcel from Southeast Investments to
Houston being recorded in Official Record Book 3327, Page 813, Palm Beach County records and
being described as follows:
Commencing at the intersection of the South line of the NE 14 of the NE 14 of Section 18, Township
46 South, Range 43 East with the West line of the E 14 of the NE 14 of the NE 14 of Section 18;
thence run North 00031' 21" West 15.00 feet along said West line of the E 14 of the NE 14 of the
NE 14 of said Section 18, to the point of beginning thence continue North 000 31' 21 " West along
said West line 227. 13 feet to a point; thence run South 890 02' 01" East, 208.98 feet to a point on
the West right-of-way line on NW 2nd Avenue; thence run South 040 06' 37" East, 87.96 feet along
said West right-of-way line to a point; thence run South 310 28' 31" West, 161.19 feet to a point;
thence run 890 17' II" West 129.03 feet along a line 15.00 feet North of and parallel with the
aforesaid South line of the Nl/4 of the NE 14 of the NE 14 of Section 18 to the point of beginning.
Said property being more particularly described as follows:
Commencing at the Northeast comer of said Section 18, thence with a bearing of North 890 09' 21"
West, along the North line of Section 18, a distance of 251.13 feet, to a point on the East right-of-
way line to the C.S.X Railroad; thence with a bearing along the East right-of-way line of the C.S.x.
Railroad with a bearing of South 140 51' 25" West, a distance of 694.78 feet thence N 880 46' 39"
W a distance of 2.13 feet to a point, on the C.S.X. East right-of-way; thence with a chord bearing of
South 070 10' 05" West, having a radius of 2815.00 feet a central angle of 000 29' 58", and arc
length of 23.72 feet to the point of beginning, thence with a bearing of South 890 02' 36" East, a
distance of 176.94 feet; thence South 000 30' 49" East, a distance of 423.33 feet; thence with a
bearing of South 890 02' 01" East, a distance of 133.48 feet, to a point on the west right-of-way line
ofNW 2nd Avenue; thence with a bearing of South 040 06' 37" East, a distance of 87.96 feet to a
point; thence with a bearing of South 310 28' 31" West, a distance of 160.85 feet to a point on the
North right-of way ofNW 2nd Avenue, thence with a bearing of North 890 33' 44" West, along the
North right-of-way line ofNW 2nd Avenue, said line lying 40.00 feet North of the North line of the
Plat, Mack Industries-Delray, recorded in Plat Book 43, Page 138 of the Public Records of Palm
Beach County, Florida, a distance of 254.25 feet to a point on the East right-of-way line of 288.96
feet to a point; thence with a curve to the right having a radius of 2815.00 feet, a central angle of
070 23' 44" and an arc length of363.35 feet more or less to the point of beginning.
3
ORD NO. 71-06
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon the effective date of
Ordinance No 38-06, under which official land use designation of CMR (Commerce) is affixed to
the subject parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of ,200_
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4
ORD NO. 71-06
II
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 LDR 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 ~.--.ff Report: July 17, 2006
Delray Depot - FLUM Amen, Jnt 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 LDR 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 St<lff Report: July 17, 2006
Delray Depot - FLUM Amen 3nt 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
multifamily/rental 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 St~ff Report: July 17, 2006
Defray Depot - FLUM Amen 3nt 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.
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.
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 St"lff Report: July 17, 2006
Delray Depot - FLUM Amen .:mt 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{D) (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.
LOR Section 3.2.2: Standards A, 8, 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 RiQht-of-Way 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{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;
Planning and Zoning Board St~ff Report: July 17, 2006
Delray Depot - FLUM Amen, mt 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(0)(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 St<'lff Report: July 17,2006
Delray Depot - FLUM Amen ~nt 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), LOR 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;
B. 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 INO (Industrial) to CMR (Commerce) and rezoning from I (Industrial) to MIC
(Mixed Industrial and Commercial) for the subject property located along Oepot 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.(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.
Staff Report Prepared by: Estelio Breto, Senior Planner
Attachments:
. Proposed Future Land Use Map, Proposed Zoning Map
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CITY OF DEL RAY BEACH. FLORIDA
NOTICE OF PUBLIC HEARING
^ ,'I 'Due ItEAkIN(; ....ill ~ Mid on 1M (illl,)\liing "..."'li~d orctjnn~ :It 7-""1 om An TI=f'Sn.4.V
Uf:CI:M1U'R ~ UMI6 ur at all.)' J;t"nillUllfion of su..::h lllrt1.il1@ whh::h i~ 1<1 by rhe Co)Inmis8km), in fl~ City
("<mllniMlj.")/'I C'h.'UnbC'n.. 100 N.W. Lu; "",""PUl". lleir.... (k.'l(':lt. n.>rida. 111 "'tt",_h lime 111<"; Cjtv C:Ot'JIIU"-<5il'tn 'Will
1:lwuUokf their3dl1plioll. l"he P"'i)O$C'(1 ordilUlIK:d IT'''; t>c ill~ledal11~ ()trlCt' llf-'M- (;it~ CI~ at ('ity flail. 100
N.W. I '!II. A\"C',uIC. (">':>'m)- ~b. J:'k>rid.'l. ~t_tl 1M hOUN of' fl:OO 1\.1". and 5:(J0 p.m.. Mt:Hutny thW11!!h hid.1Y.
tlXI:~pt holkL,)'1; All illten.:swd p:lni.:s II~ in\"ifetJ In alleoJ alld bo: he~nJ Yonh r~cll" tilt: pn'p<'Sl:lt e>rdinanccK
qRluNANeF. NO ~
AN ORDINANCE or TI{E CITY COMMJSSJON or TIlE (;fTY or f>t:l.Rr'\Y tlE.'\CH, H.oRIDA,
,'\MENUIN(; nit r'U-rt1RE LAND use ~Mr OESIGNi\"110N AS CQNTAI'NH) IN THE COMPlu:-':UENSIVE
ptAN fROM cr (COMMliNITY J-^.t\ClL.lTlr...'S)> TO l.[) (I.OW DENSI1"Y RESlLlF.NTIAl. 0,' DV/AC);
El.H~nNG ro PR.cX:Y.I~J) V:"lI>[\R HIE SINGIl~ Hl'.ARr:NG AI)OPUON PIUX~I':SS H)R SMALl. SCALE
LAND USE PL.4N ^MENI.>Mf~N'"S; "ND R'Y..ONIN(; ."NO PlACIN(j L"NO PRESENTLY 7..0Nf,D <.:;1'
(COMMUNITY fA{'lunr::s); TO R.I.AA (SINGLE FAMIl.Y Rr.smt::N'nAI.) UISTRJ{".; SAUl l."NQ
BElNC.:,i ^ PAKCEI. Of I.ANDL..f.X....'THl I::!S f'EhT SOIlTH 01' SHt~RWOOO 80tJt,.f;V;\Rll. ^J~PROXI-
MATEU' 650 n~Er R,'\ST (JI; MUJTARY TR."J1.. AS MORE PAR""I1CUIJ\RLY DESCRml!D ttEREIN;
.\ME"NDING .Z..oNIN(~ MAP 01: llELRAY OE.'\CH, H01UOA. Ml\RCU 2006": PRovm'~Ci ^ G1o."NERAL.
R[:PEAl.IiR C'-AUSE, A SAYrNG CLAuse ANO AN rrFECTIVl: DATE.
ORDJNA.NCF. NO ~
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AN ORI)fNANCE Of nm CIl'Y CO."'-MIs.....,ON Of HiE erry OF OELR.<\Y lW..ACI'I. H.ORIDA.
AMENI>JNO ORDINANCE 34-06 BY AMENI)IN(ji SEcnON3:>.4S, '.sut->PU:1\.n:J'<'AL com;. ENFORCE-
MENT PROCI-J.ll.i1U;S-. SlIHSE-XTlON (v), "CI\o'IL PENAU1ES~. tW REMOVING1HE REFf.fU.;.o,,:CE'ln
SF.Cl.ION 9".08.. "urrER IN ~S"'. AMENDING THE P1!Nl\I,TY l\MOl.JI'<'. "."OR (X)(,S ON nlE BEACH
M.1D SK"TF..HOARIlIN<.. AND AllUfNG ^ NEW pt:NALry fOR "Vt::HIf.:I..E~ ON THI': Ht::ACH- AND
nG.ARtlAGE. S':WMtE, AND (YI'IfER WASTE MATERI1\lS': J>ROVIUING ^ GENER:\L REPEALER
L"LAlI';U'~ A SAVING CI..AUS!'; ANI) AN f.YfH'.11VE DATE.
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nuOINAN(".... NO 66-06
AN OROINANcr. 01' niE CII'Y COMMISSION Of 'I1U~ CITY Of [)t'iI.RAY BEACH. l-"LORIIM.
RI'.Pf::AL.ING SfrrlON 91.09. HJ,frn:.R 'IN J>ARKS"" AND AMl:.NIlING CHAPTER 101. "'P."RKS. n€ACHES
AND RltCRI':AIlON. OI'.Nt;Rr\l.PROVISjONS". HiY ....M[;NEMNG SHCI10N 101.17, ""(,ARBA<ii':., StiWA<H:.
,\ND OTHf',R W,~,S"rl: M,\TEIU.<\lS", .an RF..AD .'GAR'l:IA(iI;,. '("RASH. UTfER. Sf,W".cIE. ANO OTHER
WAST[ M.'\T.l-:RIAl.S.'. BY AMENDINn SUS1!CTJON IOJ .17(Al. TO S"fRENGtrn-lEN PROf.nnn'IONS ON
1.IlTF.IUNC.l ON TIU~ MtTNIClt',\1.. !-mACH. Rf.f.~R.EAnONAL FACILITIES AND PUBLIC P^RKS. AND BY
ENACTING ." NHW SlI.RSECTK)N IOL.J6, "AODlTION....I. RUI...F.S -"PPlYIN(i TO ('In' PARKS.
RECRJ-:A'nON F^<"ILrrrr;S AN() THE MlI'NICIPAI.. DE,""or, 'll) PROVH>f'. n>R AUOITfONAL RU1.ES
Willett INcu.=m:s APROIiJRlTION ON 5.\10KING tN CERTAIN ....REAS Of TI-Lf:. REACft. "IlIAT CAN BE
ENFORCED BY ISSUfNG ClVIT. CITATIONS IN Al)nfTIQN TO 011tER REMF.U1FS. PR()VIDJ'N(,. A
(;CNERA1. RF;Pr....,LER (,l_"USF. ^' SAYINGS Cl.AUSE AND AN F.Hf.CTIVE DATE.
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ORhIN.4.NCI' Nt) '70.86
AN OROINANce OF THE CITY COMMISSION Of THl: errv OF DE.LRA\' Bf:..'-AClt....1..0RIP^.
ANNI-:XIN(; T\)'nll:= ClTV OFDElRAY DEAl'll, A ]>..\RCt;:I.OF IANI> LO('....Tl,D ONTflt:; SOUlll.smn
Of. I~URll ROAD.64.c1 "'Et:T WF:~TOF 8AR\VICK. ROAn, AND APPROXIMATF.l..Y 1,400 .fEf;r NOR11i Of"
LAKE II)A ROAD. AS THE SA1\om lS MORE P/\RTICUIARLY OESCIUflI,D HERf.lN, \vU[('11 l.AND IS
CONIlGCOUS "["OTIfI:: t-:XIS"t1NOMUNICU'AL LIMITS: kEI.lEF-lt..1NG HIE BOUNDARIES OF HIE CITY
Tt) INCUJUE SAil> I.ANf)~ PROVU.>I.NG FOR HIE R1G.Il'S A.........n OBI,.IG^'JlON~ OF SAID .I..AND;
PRO....IIJJNG rOR TUF. ZONING THEREOF TO R~i.8 (MEDIUM DENSITY RF.SrDEN11AI. .. S UNITS J>ER
.'CKH): J'ROVJDJNH ^ f.W......EItAI. KEPHALEJ< CLAUSE, ^ SAVING Cl.I\L'S.t;. AND AN 1;;I'n'::C"[I\lE n^Tf~
.'\ R'IlP (n..1101 ,....10;) ,Jq,ict;na,1.hc fl,encmllocatil.... ~.ftll.e pl"opcrly 101 he- :Ulnexcd iJ. ~hCaW$1 hel..w, A..:ot1'lplciA: lep,ul
dt:lCription hy !<.')t llnd "Iubdi~'i.:li(:in audi.)!" nwtcs and h..'IIrn:I!llllid ;l ~()fIY of me Orditl3ttCC herein fll'llWe named (lIll be-
,.btain"," rrurJll'he OtTK:C nrtf~ City CIeri.;, eily Hnl!. 100 N. W. 1111 Aventl':;, tletra;.' bca.:h, "'It.ori<bi.
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PARK
flRnrNANr,,- NO 11-06
AN ORDINAN(T. or un' (,[T\' COMMJSSION OF THE en." Of' OH.RAY nEACIf, I-"J.ORn>A.
Rf:Z(JNJNO ,\ND PLACING "-AND I'RESf.NTl..v ZONLm I (INDIJSTRIAl) OISTRICT' TO MIl: (MIXED
INUlJS1RIA,1. AN() ('t)MM[.:RCIAJ,) [)!STRK'T; S.\IO L.AN() UClN(j A .PARCEL LOCAmO NORTII or
r1U; OLD TRAIN STATION. BETWEEN THI":. CSXRAIL.ROAD ANU 1~9S_ AS MORE PARTICUl.AKLY
nr:.SCRI1W.D t1ERIilN; AME,"'DING "ZON.IN0 MAP OF UELRJ\Y nJ:.ACU.fLORlDA,. ~1.A,RC'1t 200ti-;
PROVIDING..,\ GENERAL I<l'::l"b'\U,R CLAUSE. ,,\ SAVING CLAUSE. AND AN El'1'rocnvE DAT[....
ORDJNANC]" NO 12_U6
AN ORI>fNANCti OF TUE crrv C.OMMISSION 01' 'l1iE Cl'rv 01' [)}:I..R,\'Y' uJ-:.'\cn, FLORIDA.
t\Mr,NDINf) CllAPlhR 11.10. -NlIIS"NCES-, OF 11IE corJl: Of: ()RCJlNA~Cl~S OF nle CITY Of" l"JEI..fL.\.Y
m:"'CH I)V EN,AC'11NG A NP.\"" SECTION 100.10, "INUIVIDUAU.'V. m:;S](iN!\TED tt1STORIC
S.llu.'('nlRl'SANU S'fRllCf1.!RES IN HISTORIC VISTRI(.-.,-g-', TO Ml:OlUUlTNEGLECror SAME AND
f'kOVIf)[ ;\ METHOD I'OR F.Nf-(lR(,[~Mlt.."I" 11) HF1.P J>REVBNT DHlTMlOR!(110N Of' SAME;
PROVH">ING A SA.V'INGS CL"USr.:, A GENERAL REPEAlJ.OR Cl..",USr::. AND AN bFI:'I::C-UVE llAI1~
()RUIN"N('r: Nn '7:\,06
..
AN ORDINANCE Oi-. nn:; CITY COMMISSION Of UJE CITY ()t-' J)ELRAY flEi\CH. tl.0RLI>.4l.,
.\MENr>fN(j CH.'\t'l"EH. !jq. "Rf'...('L...IMEt) W.I\l"EK", OF 'IH~ CODE Of ORDINANCES Of THE CITY Of
IJEL.lf..\V ~EACtI. liY AMENDING SE(~nON 59.(;<;), ~H.:t-:s, RAms ANn CfMRGES", '(0 ADJUST THE
WHOLES.'\Lf,: ct.1STOMER R;\l"E-:; .PROVlllING A ~UI.VING CL-\USE::. A GENE((.\1. REPf;''\LER CU\.tJSE
AND AN Et;..'tiCTIVt; DACE.
nNnlNAN("~ NO 74-01<.
AN t)f(1)IN.4Nni. 01' THE CITY COMMISSION OF UIF.'. CITY 01-" DF.J.RAY lU'::A{'J.L ';LORIO"
.\MI;ND-tNG nn-: f .ANn UF.VITOPtwtl:.'N'f RF(;IjLATIO"'''S OF nil' COrjE OF ORUINANCES Of' TUE
UTY 0.' IJEI..RAY UE.>\CIt. R['L"TIN(j TO Tim CONCURRENCY MANAGEMENT SYSTEM BY
ENM~TING SE(.TION 8.6 "PROPORnON.\TE FAIR.SHARf. PROC.RAM": ANn PROVIDfN(. A GENERAL
1(t,:f1.'.ALER (:LAl!SE. A S.\VINOS CI.AUS!'; ANDAN El'ff.CTlVf.: [tAFt'..
OUO.NANCI' NC) ,.~)(,;
AN ORllfNA:\Ct: OF THE errv COMMIS:SION Of: 'nu~ CITY Of DELRA'!' BEACH, ".l.ORIDA.
AMf:NOINO THE COOf Of' ORI)(NANCF-S OF THE CITY 0.... DH[.RAY Rr,,^CH. FI.ORIDA. AMfNOING
SfCTIUN H,(}tn, "Rf.TIREMt-:NT rN<'''C:)Mp.: OASIS. .'\MOUNT, AND PAYMEt.."r. BY ^MENJ)lNG
SURSECTION.;.()t)7(M), "f.:..\RI..V .RF.TfRFMFNT INCF.Nnvr-", TO PROVIDE FOR CHANOr:Jl F:UGIRII,-
l'Iy TrMING, I'ROVU)ING A GENBR"L REPEAl.ER C1~Al!SF..," SAVING CLA1JSE ANI> AN Et'I'"f.C11VE-:
!.lAIE.
I'lea...., ~ a<1\.~,1 that jf:lo IloC""""" .lec:i<k!llll appto..I....,y dee,,,,,.,.., mAde hy fhe Cit:r f......'IUts"ioOl ....ith re5f)oloci: to Rn.li
m:&lk:r <)('"sidcn:d I' thc9.: hea.-iogs, ~uo;h po:rson Rill'. flced k' em.un: 1I);1t Il n"!'tralifll t>;:Curd ilNtlldl"s lhe lcl<tinll:llIY
"l\d c...ldrm::c.' IIpnl'l whid. the 3pfwal i.. It> bt:- hasot:d Th(. Cit) L\oe.... 11">1: pro...idc "0' prepare 1\'K'hn.'COId. J'u.r!oU;tltt
l(' f.S. 28(';.0105.
f'OHl.JSIl' !'ridl'l". t\:IH':III'- 2.:1, .!()iJ6
[J()(".,\ RATON KEWS.'()[LRA" Hf'.ACn NEWS
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MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
2006
CITY MANAGER
SUBJECT:
DATE:
DECEMBER 1,2006
This ordinance is before Commission for second reading and quasi-judicial hearing for a city initiated
annexation and rezoning from County AR (Agricultural Residential) to City RM-8 (Residential
Medium Density 5-8 duj ac) for a 3.18 acres parcel located on the south side of 133rd Road South,
640' west of Barwick Road approximately 1,400 feet north of Lake Ida Road.
The subject property is a City owned parcel containing 3.18 acres of land located along the south side
of 133rd South. The property is bound on the south by the Lake Worth Drainage District (LWDD) L-
31 Canal and the Country Manors Condominium development. To the north is the 25' right-of-way
of 133rd Road South dedicated by the Bexley Park planned residential development and Barwick
Ranch Subdivisions. The access to this parcel is via 133rd Road South from Barwick Road to the east.
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 referenced 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 dujac) that allows for residential development with a density between zero
and five units per acre. A land use amendment is being processed as part of 2006-1 to apply a
Medium Density Residential (MD) land use designation.
On July 17, 2006, the Planning and Zoning Board held a public hearing involving this parcel along
with the adjacent parcels. It is noted the current proposal involves only the City owned parcel at this
time. There was public testimony from several residents that live in close proximity to the subject
property. Residents concerns evolved around the increase in property taxes and property value,
future use of 133rd Road South, traffic increase, and potential for zero lot line townhouse
developments. After reviewing the staff report and discussing the proposal, the Board voted 6 to 1 to
recommend that the request be approved. Staff recommends approval based upon 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 LDR Section 2.4.5(D)(5) (Rezoning
Findings), LDR Section 3.1.1 (Required Findings), and LDR Section 3.2.2 (Standards for Rezoning
Actions).
At the first reading on November 21, 2006, the Commission passed Ordinance No. 70-06.
This ordinance to be continued to a date certain of January 16, 2007, in conjunction with the adoption
of Comprehensive Plan Amendment 2006-1.
S:\City Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 70-06 Annexation and Rezoning 3.18 Acres 2nd Reading 1205.06.ooc
TO:
THRU:
FROM:
DAVID T. HARDEN, CITY MANAGER7J/~"-~-;lI'e~ ,~
PAUL DORLlNG, AICP~I~TO!}O~LANNING AND ZONIN6' -
ESTELlO BRETO, SE~ p~\:j .
A
SUBJECT: MEETING OF NOVEMBER 21, 2006
CITY INITIATED REZONING FROM COUNTY AR (AGRICULTURAL
RESIDENTIAL) TO CITY RM-8 (RESIDENTIAL MEDIUM DENSITY 5-8 DUlAC)
FOR A 3.18 ACRES PARCEL LOCATED ON THE SOUTH SIDE 133RD ROAD
SOUTH. 640' WEST OF BARWICK ROAD APPROXIMATELY 1.400' NORTH OF
LAKE IDA ROAD.
The subject property is a City owned parcel containing 3.18 acres of land located along the south
side of 133rd Road South. The property is bound on the south by the LWDD L-31 Canal and the
Country Manors Condominium development. To the north is the 25' right-of-way of 133rd Road
South dedicated by the Bexley Park planned residential development, and Barwick Ranch
Subdivisions. The access to this parcel is via 133rd Road South from Barwick Road to the east.
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 referenced 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. A land use amendment is being processed as
part of 2006-1 to apply a Medium Density Residential (MD) land use designation. This related
land use change should be reviewed by the City Commission on December 5, 2006 or January
16, 2007 (depending on whether an Objective, Recommendations and Comments (ORC) report
is issued). Additional background and an analysis of the request are found in the attached
Planning and Zoning Board Staff Report.
_tl'j'!li
At its meeting of July 17, 2006, the Planning and Zoning Board held a public hearing involving
this parcel along with the adjacent parcels. It is noted the current proposal involves only the City
owned parcel at this time. There was public testimony from several residents that live in close
proximity to the subject property. Residents concerns evolved around the increase in property
taxes and property value, future use of 133rd Road South, traffic increase, and potential for zero
lot line townhouse developments. After reviewing the staff report and discussing the proposal,
the Board voted 6 to 1 to recommend that the request be approved. The request was approved
based upon positive findings with respect to LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and that
the property is contiguous, reasonably compact and does not create an enclave; and, that
services will be provided to the property in a manner similar to other properties within the City.
By motion, approve on first reading the ordinance for rezoning from County AR (Agricultural
Residential) to City RM-8 (Residential Medium Density, 5-8 du/ac)), based upon 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:
· P & Z Staff Report of July 17, 2006 and Proposed Ordinance
ORDINANCE NO. 70-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRA Y BEACH, A PARCEL OF LAND LOCATED
ON THE SOUTH SIDE OF 133RD ROAD SOUTH, 640 FEET
WEST OF BARWICK ROAD, AND APPROXIMATELY 1,400
FEET NORTH OF LAKE IDA ROAD, AS THE SAME IS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO THE EXISTING MUNICIPAL
LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR THE
ZONING THEREOF TO RM-8 (MEDIUM DENSITY
RESIDENTIAL - 8 UNITS PER ACRE); PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTNE DATE
WHEREAS, the City of Delray Beach is the fee simple owner of a 3.18 acre parcel of land
located on the south side of 133rd Road South, 640 feet west of Barwick Road, and approximately
1,400 feet north of Lake Ida Road; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits
of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 ofthe Florida Statutes; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS pursuant to LDR Section 2.2.2(E)(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of July 17, 2006, and voted 6 to 1 to
recommend that the annexation be approved with an initial zoning of RM-8 (Medium Density
Residential -8 units per acre) District, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), 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 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 the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The East 221.59 feet of the Southwest y,. of the Southeast y,. of the Northwest y,. of Section
12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the South 40 feet
thereof for Lake Worth Drainage District right-of-way.
Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immediately become subject to all of
the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which
lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 5. That this annexation of the subject property, including adjacent roads, alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6. That Chapter Two of the Land Development Regulations has been followed in
the establishment of a zoning classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District RM-8 (Medium Density Residential -8 units
per acre) as defined be existing ordinances of the City of Delray Beach.
2
ORD. No 70-06
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 8. 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 9. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning immediately
upon the effective date of Ordinance 38-06, under which official land use designation of MD
(Medium Density Residential 5-12 duJac) is affixed to the subject parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this the
_day of ,20_
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
3
ORD. No 70-06
PLANNI~G AND ZONINl:J BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
July; 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 ........................
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.................. ...........
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)
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)
PRO (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
.ITIIIJJIJ
~ CT. ~
~r I I I I I I I 1<
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
Parcel 2 enslty RM-8
424612000003202 3.03
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 (LDR) Section 2.2.2(E) (6), the roca~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 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 Mel of 07/17/06: Staff Report
Bexley Park - Annexation. FLUM ....nendment. and Rezoning
Page 2
Parcel 1 (City Owned)
Sub-Total
Enclave 1
Parcel 2
Enclave 2
Parcel 3
Parcel 4
parcel 5
424612000003024
424612000003141
424612000003190
1
1
1
4
5.00
0.88
0.88
9.79
1
Sub-Total
2
1
1
3
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 Sabal 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 Desiqnation: 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 Desiqnation: 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:
Desiqnated Annexation Area: The property to be annexed is located within designated
Annexation Area "E" 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 balance 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 Mer l of 07/17/06: Staff Report
Bexley Park - Annexation, FLU~. _nendment, 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 Desianations. Zonina 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-M) 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-AM) and multiple family units (RM) are
allowed. With the proposed zoning designation of R-1-AM 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 Mer 1 of 07/17/06: Staff Report
Bexley Park - Annexation, FLU"" . ~nendment, 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 Mee' of 07/17/06: Staff Report
Bexley Park - Annexation, FLU'" lendment, 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 Emeraencv 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 Mer of 07117106: Staff Report
Bexley Park - Annexation, FLUM ~ nendment, 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 land 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.
Compatibility -- 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 (Saba I 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 Mee' of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM . _.endment, 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 manmade
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 Mee of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM . _.lendment, and Rezoning
Page 8
Financiallmoacts:
Effect upon Annexed Property:
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 $181.4423.725668 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 $181.44 23.725668 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:
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
1~1iI;~
* 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 Mee of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM . _.Iendment, 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 Cit .
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes (Ci .
Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 atroll cars durin the night.
Pro-active vs reactive opportunity to work
with ro e owners.
Emergency Medical
Services EMS
Police
+
+
Code Enforcement
+
Fiscal Impacts to the City: 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 Mee of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM ......Iendment, and Rezoning
Page 10
AD VALOREM TAXES 2004
City of Delray Beach 7.4661 Mills $12,829.31
City of Delray Beach Debt 0.5339 Mills $917.42
SUB-TOTAL $13,746.74
NON-AD VALOREM TAXES
Storm Water Utility (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 lDR 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 PRD (Plan Residential Development) to the east; City PRD (Planned Residential
Development) and R-1-Mto 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 Moo of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM ....ilendment, 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 Rezonin~ Actions): standard "A", "8", "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-AM (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-AM
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:
West:
Zoning Designation
Plan Residential Development (PRO) and
Single Family Residential (R-1-M)
Multiple Family Residential - Medium
Densi RM
Plan Residential Development (PRO)
Open S ace and Recreational
Use
North:
Bexley Park Subdivision and Barwick
Ranch Subdivision
South:
Country Manors Subdivision and
Canal L -31
East:
Sabal Lakes Residential Developoment
Bexle 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 Mee of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM ......Iendment, 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 LDR Section 2.4.5(D) (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 Drainaqe 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:
a Jerry Franciosa, PROD
a Carolyn Zimmerman, Presidents Council
a Gerald De Poe, Country Manor
a Bruce R. Shumer, Sabal Lakes
a Prime Management Group Inc., Sabal Lakes
a Sal Cherch, Barwick Ranch Estates
a Don Klein, Barwick Estates
Planning and Zoning Board Mee of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM ....,Iendment, 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 anct. 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.
S. 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 MeE of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM AIllendment, and Rezoning
Page 14
criteria set forth in Sections 2.4.5(D) (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: Estelio Breto, Senior Planner
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CITY OF DEL RAY BEACH. FLORIDA
NOTICE OF PUBLIC HEARING
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,\II,U:"'NDtN(i -1',ONING .\1AP OF DELRAY 01:'.'\(",",. ,:L(JRIDA. M!\RCH 2006"'; PROVIDING ^ GENERAL.
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AN rnU>lNANCe OF THE CITY c..X)MMISSION OF '!liE CHY Of Ut:LRAY m.::ACH. FI,,()RJUA.
REPEAUNO SJX'TION 98.09. "J.rrff.RIN P^'RKS" AND^Mf:.Nll1NG CHAP'ffiR 101. "PARKS.I\f;A(;HES
ANU R[{C:RI~^]]ON. ot'.N....:RAJ. PR()VlSlONS". BY AMliNUIN(i Sl-OC;--[10N 101.17, "'(JAlmA(i~, S\:WMHi.
ANn (HHF-R- WASH', MAn'.RIAJB'" TO REAL) "GARHA<m. TKASH. UTTER. SI:WAriE. AND Ol'HER
WAS'I'r: MAIERJAl.S... BY AMt::NDING SUS}-:CTION 101.17("). TO STRJ,N<Hrm:EN PROI.UDl1'lONS ON
l.n.n:,IUNG ON TliI-'. MtJNICII'AL 8EA('J-l. Rf'(~JU:ArK,)NAL FACIl.rrlf'.S ANI) PU8L1C PARkS. ANLll.lY
ENACTING " NEW SUB~-HCTl()N 101..16, "AO[)lTfONAI. Rln..F.S AJ>PLYIN(i TO ('lIT PARKS,
RE('RI-:A;nON FACll.fnhs ANO um MUNICIPAl. DP','CW.l0 PROVtDE H)R ^IlOITJONAI~ RUl.ES
WHlCflINCLVDt::SA.PROIUDlTJON ON SMOKING IN C[RTMN ARf.AS or THE BEACH. TI-lo\T CA.N BE
l.:Nt'flRCED HV ISSUrNG CIVIL CTTATIONS TN ADnf'nON TO OTHER HEMl!.U1ES. I'KOVIDfNCl A
GENERAL Rf.Pf.AJ.ER CL-'llJSE,!\ S",VINGS c.l.AIJ~r AND AN F.FHTTIVE DA1T..
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ORntNANCF Nt) 70-01>
AN OflDlN^Nct~ Of: UtE crry COMMISSION Of THE CITY OF DE.LRAY fU'..ACH, f:U)RIDA.
ANNHXINO 1'0 'OlE (:.ITY OJ' J>F.l.RAY O[{A('II, A PARCEl. 01' 1..'\NIl Ii>CAn:D ON Trn:; smml'SID&
Ot" I:URO ROAD, 646 FEET WFi.')TOF 8ARWICK ROAD. AND AI"JR()Xf~,t.o\Tl:'.I..Y 1,400 H:f;T NORTH Of'
LAKE J1)A Ro."n, AS THE S.'\MH IS MORE PARTICUIARl.Y nC"iCRIDED HERHN. WHICII LAND IS
CONTlGl)()lTS l()Tttl:: .t-:Xls.nNO'MlINIClPAL UMl1'S~ REDEnNlN<:i um BOUND."\RIES OF nlE CITY
TO 1N('LlIDE &\l.D LAND; J>ROVlI)ING FOR THE RI(.UTS ."ND OIlI..lGA~no',"s. OF S.\ID LAN!>;
PROV[I)lNG fORniE ZONrN<:i Tm~RE()F TO ({M.I (MIOl>ltIM nENSI1YIU:SU)ENTIAI. .., It UNITS PER
,'CR1~): PR()V1llJNG AGENtR^l. Rfi"EAI.F.R CJ.,\I,:sE.A SAVINGC1.Al;SE.ANr) AN m'f'F:C'fIVE l)A'J.F..
A mrtop (lloll0 !M.'ale) ~.,)icljn.3 tll<~ p,t:-net:tllocntiI'lG nf me pn'.lpCfly 1.1 bi: annexed i:l. 1oI>0WII hclom'. A complelc 1t".ltAI
dl:'!lCription by koIllnd ~bdi,,'j$hin and:Qt' ml:U." aud bounds mid ;to l.'Op'y iurht:- OW'din:SIl'';': herein ah..wCl named call bI:'
uhtaintlli fr"n, tlu: Omoe "ft'lor Chy CIeri., Cily Hull. 100 N. W. hi A..-~..u...... DC'lraj bcacll. Fk....ma.
nRurNANc.F. NO 11-a1.
AN ORUISAN{'[ OF TBI" {'ITY COMMISSION Of' THE Cny Of OEr.RAY IlEACH, FU)R[()A.
JU:7,,(JNtNG ,\NO p__""elm] l.AND I'RESJ.:.:'lTl.-Y ZONED I (INDUSTRTAl) D1snucr It) MlC (MIXED
IND1JSTRI,:\,L ANn COMMERCIAL) UISTRl<:'": 5;\[0 LAND BEING A PARCEL 1..0CAIHD NORTII or
TI.1li OLD TRAIN ST.o\TION. BETWEEN TI'U, CSX RAILKOA{) AND 1-9S. AS MORE PARTICULIltoRLY
nE.';;CRlUEI) HERmN; .\MJ:NDJNG "ZqN.lNG MAP OF DELRAY DEACH, F1.01~JD~'\. MARC'1t 2006-;
PROVIDING..\ GENERAL REPEALER CL;\l.1SE,!\ SAVING <::LAUSE. AND AN EFr'r;CHVE DATL
OltDINANCI," NO 72-86
AN ORIllN.....NCJ: Of "ItE CITY CQMMISSLON Of' TUE CITY 01' lJELR"y IIEi'\Cn, FLORIDA.
AMENnlNG CIIAPTER WOo -NUISANCES-. OF Tilt, c(Jf)c:;or OKntN.60NCl'...... OF 1'1'[:: CflT Of Ul.:J.R'l.Y
(U;..,\('H ny EN^C1'ING .'\ Nfl\\.' SECTION WO.IO, uINDIV(l){JAU.Y DESJGNl\'TED HrSTORfC
SJ'Rl1cnuU-'.S.'\NI'J STRUCTt:atr;S IN HISTORIC (JISTRICTSh, TO PKOHlBITNEGLECrOF SAM[:AND
.'ItOVfJlE ,,\ MRmon [OR ENFOR("(';MF.NT TO HELP PREVJ.'.N'r mrIT:.RIO)t,\,1l0N 0'" s.....~f[-~
I'ROVTDING" SAVINGS (,lAIJSr~. A GENERAL REPEAl.ER CL4\USI::. AND AN l,FI'H::'nvE DATE.
nUIHNANCa;: pr,;n 7'\-aI.
,-
AN O)tUINANUi OJ-' HU. CITY COMMISSK)N 01" HIE ern' OJ-' J>f-l.R.'\Y IlEACH. f.'I.OKlI>A,
AMl:.NOING C.HAPn:.R S9, "RF.A:.'L<\JMEn WAn::R.-. Of: THE COOl:. OF OROINANC.ES Ot: UtE. CHY Of
DEL.RAY BEACH. Ii\' AMENDING SR~'110N S9.li9, -I't-:.t-:s. RATNS AND C11ARG[S", 'n:) A!)JUST THE
WHOU~':'i'Lf: c..:trSTOMER K~'n:~ PROVIDlNG A SiWING CL'\USE. A GENUKAL REPE.,'\LER CL.o\tISE
AND AN EH't;CTIVl;. I),'\TE.
UIU1INANC'i' pr,;n 74.06
AN ()RDlN."NCIi 01' nu~ CITY COMMISSlON Of un:: CfrV 01' DEI.RJto.Y BF...'\CH, l'l..OLUDA
At..U::NUIN{i THE l.ANI> DF.VElOf-'i'.fJ:."NT Rl'.OUI.A'nOl'."S OF HIE COilE OF oalllNANCFS 01' HiE
CITY UF UEI..RAY ULo\CII, R[lAI1NG TO TUE CONCllRRf.:,NCY MANAGt-:MENT SYSTEM HV
ENACTIN(j SI'.C'nON &.f\ "'f-'1(OrOknONATE F;,\IR.SHARE ..ROCiR....M": ANn rROVII)(NG A GENERAL
fU;PLAU'.R (:J..A\JSE. A SAvrNOS (:l,,\USE: ANOAN U'FEA.:nVE DAfL
CHl:I)IN ;\.NC.'" Ntl 7~tIi
,'\N ORmNANCf. OF TltE CITY COMMISSION 01-' .nu~ CITY Of' OE.1.R,\\, BE.r\CH, FLORI[)A.
^MF.NntNO THr:. ('our OF OHI)[N;\NCF:S OF THE CITY Of DEI.RA\' Bf2^CH. F1.0RIflA. AMf,NTlING
S[CnON H,(}IJ7, "ru-:-rIREMt:N"r INCOME; 8ASIS, A,MOlIN'I; AND p.'\YMENr. BY i'\MENI>ING
SURSEt "f!()N;:'i.OQitM). "EARLY .RF.TIR.FMF.NTmCEI"f1Vf.... TO PROVIDR FO'R CHA'NOF.D f.UGlRII..
IIY .IlMIN(i, "ROVII)ING A GENERAL KU'r-:;\LEH CLM.ISE, A SAVING CLAIJSF. ANI) .o\N EFt'ECnVE
DA'I'E.
Plea..... be *1~i~,1 .....1 ;( a po::"""lfl.lock1e.~ 10 llflp:'al any dOCr.j.'Jll miWe hy 1m, eil)' Coolmrs........ with ~-..x:t Ic:>.an",
In::llk:r <,;('Il.iidcn::<l:lll tit.:."" hcarillJ!;S,l<-Ucll ~r.;on nlll)' Tll.'C'd 1(' en!'II<<:: UIoiI( II. VL-rbalim l'C:i;C1nl illdudes .he' lc1itimolly
>lnd c~.Kk-n(;C Up"'l'I ....11i.::h 111..: 1l~'fX'al i.. k. tx: hfl.'<C:d IDe Cit:>, mJotl..<; U(>( pl'O..-KJe nur pn:pare ~n;h r..~...-d. I'u.n.uant
{o (-'oS. 2Sh.OI05.
r'UlUJSII: hid.)'. "O"~r)lber 2-t. 2006
nOel\ R.-\TON NEW~()EI.RAV ""ActJ NEWS
CITY OF fJEI.R."V BEACIl
Chcvrllt- U. Nubill.. CMC
City Cieri:
Ct:
t~-e I d 0--/
~ 1)ec. 5f1---
.A~ci~
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # 10. E - REGULAR MEETING OF DECEMBER 5. 2006
ORDINANCE NO. 72-06
TO:
SUBJECT:
DATE:
DECEMBER 1, 2006
This ordinance is before Commission for second reading to amend Chapter 100, "Nuisances" of the
Code of Ordinances by enacting a new Section 100.10, "Individually Designated Historic Structures
and Structures in Historic Districts," to prohibit neglect of Individually Designated Historic Structures
and Structures in Historic Districts and to provide enforcement to help prevent deterioration of the
same.
At the first reading on November 21,2006, the Commission passed Ordinance No. 72-06.
Recommend approval of Ordinance No. 72-06 on second and final reading.
S:\City Qerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 72-06 Amend ChpllOO Nuisances 2nd reading 1205.06.doc
~
[ITY OF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
~!I\I NW hi i\VU\1
IlLFPIIONE _-'h
R\Y BEACH. FLORIDA 33444
. h\CSI\lILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
f LOR I 0 ^
D.e.I:II
All-America City
, III I! ~:~E
1993
2001
MEMORANDUM
November 8, 2006
City Commission
David T. Harden, City Manager
/"nD
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Ordinance 72-06
The attached draft ordinance provides a new Section 1 00.1 0, "Individually
Designated Historic Structures and Structures in Historic Districts", to make it a
nuisance violation to allow a historic property or structure to fall into disrepair.
Please place this ordinance on the City Commission November 21, 2006 agenda
for first reading.
Thank you.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
f'l.D
ORDINANCE NO. 72-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 100,
"NUISANCES", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRA Y BEACH BY ENACTING A NEW SECTION 100.10,
"INDIVIDUALLY DESIGNATED HISTORIC STRUCTURES AND
STRUCTURES IN HISTORIC DISTRICTS" , TO PROHIBIT
NEGLECT OF SAME AND PROVIDE A METHOD FOR
ENFORCEMENT TO HELP PREVENT DETERIORATION OF
SAME; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to preserve and
protect historic structures and structures in historic districts in the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA:
Section 1. That a new Section 100.10, "Individually Designated Historic Structures and
Structures in Historic Districts" shall be enacted to read:
Sec. 100.10. INDIVIDUALLY DESIGNATED HISTORIC STRUCTURES AND
STRUCTURES IN HISTORIC DISTRICTS.
(A) Structures that are individually designated as historic or are located in historic
districts shall be maintained in a secure and attractive manner. All defective structural and
decorative elements of such building facades shall be repaired or replaced in a workmanlike
manner. to match as closely as possible the original materials and construction of the building.
All exterior walls shall have all loose material removed and patching or resurfacing shall be
accomplished to match the existing or adiacent surfaces as to materials. color. bond. and ioining.
All cornices. trim and window frames that are damaged. sagging or otherwise deteriorated shall
be repaired or replaced to be made structurally sound and all exposed materials painted. stained or
otherwise treated in a consistent manner.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared
to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. 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 _ day of
,2006.
MA YOR
ATTEST:
CITY CLERK
First Reading
Second Reading
2
ORD. NO. 72-06
CITY OF DELRAY BEACH. FLORIDA
NOTICE OF PUBLIC HEARING
^ J1unuc tifu'kfN(. ....ill h.: h~M ()fI 1M> fiJU.)Wing P"'lf'U!'IIXI aniilUlncn :It 7'00 d... _ TIlJ:SDA.V
Ur;:CI:\41U1.R !l. !~ 11'1" at au) ~1'nlim<iun of sll~h "."lin. wAtch is Sf:( h,., tfH=, Co)Inmis:!AlJI1J, ill tho: Cil}'
Conn".nion Cn..n""t,,- 100 N.W. ht A\;"~nUt'. Delr.... lkAcb. Florida. Itl whkh lilltl:: It,,} City (A:'ornmiMion ,,"ill
(:l)n~idcrtheiradllpcjo". l11Cpn:lI)I)QCclQlfdillallo.:o::~nUlyt>e inspeciedat thc()tT'K:t:nfth~Cit)' CI;"'k.:l1C~ HIIII. 100
"",W. hi ^",t"IlUe. 1J.:::1rn} (\fouch, f1oridn.. hetw.:onltm hot.,.... of 8:0(ll'l.Ilt. and S:OO p.m.. Mol""")" through frkl'l)'.
.:xcept ....oIklays. All ink'f"C$fed pan~$ ane- ill\-ifet.l hi all<:OO and he IlwnJ ",ith r~cllt)1h<;l" prl'!)(>l>1:d IIl'diIlHUCCS.
(~RnINANCF' NO ="-OIi
AN ORDINANCE OF niE en...... COMMJSS10N or nil'. CITY 01' OELRAY IlEACH, FLORIDA,
^II.m'NDlNG Tur; r'lIn.TRr~ LAND USE M:l"r OESIGN..''T10N AS CONTI\"NI,O IN 'nil: COMPllliflENSIVE
Pl...'\N fROM CF (COMMUNIP{ fA(;ILlT1r..S:~ T() l.D (LOW m~NSITYRESIllENTIAl. 0-5 DlIIAC);.
EU:.(71NC.:i Tn J"R(X~EEI> UNDER THE SINGU~ 1iE,\RfNG ALX)P110N PJ{{X~SS H)R SMALl. Sc.\Ui
I.AND lISE pl.AN ^MENI.1MP-NTS: AND Rf~ONIr\(; ANll rl.A('ING LAND f>Rf..SENTLY 7..oNED (~F
~COMMUNnY FAC[l..rnEs~ 11) R-I.AA (SINGU: I;At\lIl..Y REsmt-:N"I1AL) OISTRICl'; SAm [.ANQ
Ul'.lN(j A PAK('1.:1. Of' LAND UJC."'rI;D 115 FEET SOIfrH OF SHERWOOD B01JLEVARD, ^I"PR()Xl-
MATI;'].Y 6S0 f'EET f~\ST OJt MU..JTo'\l1v TRAIL, A..O;; MORE PAR'nCUlARLY DESCRIBED IlP.RmN;
AMl':NOfNG ....{.()NING MAP 01: OElRAY DE1\CH, H01UDA. M/\RCU 2006"'~ PROVIDING ^ Gi::.'NERAL
R[PEM.ER CLAUSt~. A SAVING CLAuse ANO AN ITFEenVJ: OATE.
ORIlINANCF. NO. f>..~
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AN ORI>INANCE 01' 11m CITY CO."'1MIs....I(.lN Of 'lliE ('11"'.1' OF m~I..R^Y Ht.:ACII. Fl.ORIDA,
AMr:.NI>rN(; ORDINt\l'K:['; J4...06lJ" AMI~NI>1NO SEcno.'f'37.45, "SUPPl.EME.","I~'\LC()DE ENt'ORCF.-
Ml'N'I' PROCl-J.)l.;KF.S-. S(JUSF.cnON (V), "CIVIL l'EN,\l;!lES-. BY REMOVIMj HIE RF.FERf;NCf. TO
S}:L"ION 9R.OR. Ml.I'm~R IN PARKS", AMENDING THE rt!N.'\Lrv !\MOI)""T t'OR IXX;S ON nil:. OI':ACIi
.AINU SKATF..90AIH)ING ANn ~\l)DfN{j A NEW t->ENAcry t'OR "VEHICLES ON THE Ht:::ACW' AND
"OMUMGE. S.t!WAGE, AND (Y1'm:R wt\sn: Mt\TP-RI.'\l$": PROVIDING !\ Gt:NER!\L REPF.ALER
CLAllSE, A SAVIN(. Cl.AUSE AND AN El-'t'E(~11VE DATE.
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nttnIN'ANC..' NO M-86
AN OJt.I>lNANcF. 01' nu:,. CITY COMMISSION (W 'nU-: CITY Of UI';IIRAY IU':ACH,. 1'"LORlOA.
Rl'.Pt:ALlNfi s,,:rnON 9I.OY. "urrf.R IN P^-RK~"" ANIl AMfiNllINn CHAPTER 101. ..-P.o\RKS.IU....ACHES
ANU R[iCRt~AnON, OENt:.'RA1, PROVISJONS".liY AMEN[)IN(; SI-OC;"110N 101,17, "'(,ARIMGt:., St:WAOt::,
AND On....f:'.RWASn'. MAn~Rl"V:o",. TO REAl> "'"C.iARIIMIE. TRASH. l.ITrf:'.R.SEWACiE. AND OTHER
WASTE MATERIALS". DYAMfo:NDING SllSECTION 11)1.17(A). TO S.JRENmrnU-:N PR()f_Ulll1'IONS ON
UTn~K1N(i ON THF. MI rNICIPAL "FACti. Rf.CREATtONAL FAC'LUn~S AND PUBLIC ,"",RftS. AND BY
ENACTING A NEW Sll.8.<;I-:CTION 101.36, "ADornONAI. Rl1lJ~S APPl.YIN(i_ TO CITY PARKS,
tH:CREA'nON FACn.rnr,s ANO Tl-IE MUN~CIP"l. OP..'\CIi-,ln PROVIDE fOR AODITJONAI1 RUl.r;.<;
WHICflINCU.:OES APROt-UDlTION ON SMOKING IN Cf.RTAlN AREf\SO,F THE BEACIt. ll-IATCAN BE
f~:NI'ORCf.n BY ISSlJfNG CIVIL ('I1ATIONS IN ADnrnON TO OlllER RT',MEDlP.S. f~I<OVIDfNG A
GfNERAL RF:Pf.l\I,ER CLAUSE, ^ S....VINGS C1.AtJSr ."ND AN F.Ff-'r-,CTIVr-. DAn.'..
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ORnlNA.NCI' NO 70..0..
AN ORDINANCE Of lliE CJTV COMMISSION Of THE erN OF Of.LRA"t' IIF..ACH,fl..oRfD^.
ANNEXIN(; TO nIl'. crrv (11' DEl.RAY BEACII, A PARCEl. OF LAND I.OC^,I"EO ON .rrn:: SOU111'SJOI{
Of" IHRll ROAD. MO FJ:ETWESTOF RARWICK ROAO,f\ND ^'~l'ROXJh.1^TP.LY 1,400 l:Et.:T NOR11i OJ:
L.I\KH 11).1\ ROAD. AS 1'J1I~ SAME lS MORR P.'\RT1Cl.lL^-RlY DESCRlDED lIER[[N, ,nuell I.AND IS
CONTIGt}(){TS TOTHE 'EXIS'ONO.Mt.:NICH'AL UMITS: REDEFlN'IN{i nlE 80UN'OAR1ES OF HIE CITY
TO INCL..lII>E S,,\1.f) LAND: I'ROVU)lNO FOR 11 IF: RI<itlrS ANt> ORUG,"..T1f},"'lS 0(. SAID I..ANO;
I'ROVII)ING FOR TBE ZONlN(j nmREo,,'10 RM-S (ME.DIUM DENSITYRF.Sror-;,..'lAL ,-- Ie UNITS PBR
;\('RE): I'ROVJLlINO A GENt-RAL RU'l~^I..H(. Cl.AI.:SL A.'\AI/ING-CLAUSE. AND AN 1"l'fH~IIVE DAr.F..
^ map (111,)1 f<1 ~'.Ic)~iclillg th<! p,ent:i':lIloo::nriOtl uf11le proJl<:J1y I,) he annex..-d if. ",how" hcl'Wi. A cmnp1etc le~41
de!iCriptit)J1 by Iof. und "Ubd.l,,'ishill and/or Dlt:l:(.~ alld bouDd.~ an,d a <XII')' nfme .ltdillallc(: be.....in al"w.: named call ~
41htaincd In,"1 the OtTKX: uft1~ Cily C1orL, Ciiy J-hill. tOO N. \\'.Ist ^VtlHtlC. Ot:1...,. ~.::h. Fk.lI:iiliI.
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PARK
n'UUN"Nrll<. "'07'-06
AN Ohf)INANC[ 01-' THI"' C'(TY COMMIS."ION OF THE en-v OF DEI..RAY OEACII, f"(.ORH>A.
IlE7.-()NJN(} ANU "I_ACING LANLl I'RES~NTLY :ZON.W> I (INUUSTRIAl:. DISTRICT TO MK (MIXED
IND1JSTRIAL ANn ('(tMMERCIAI.) [)ISTRl(,T~ Sr\fO LANU BEING "'PARCEL LOCA1U) NORTfI or
!l-Il> OLD TRAfN S'I'''TIOI';. BETWEEN TI-l~ CS.'( RAILROAD AND t-\lS, AS MORE PARTlCUl.ARLY
D[;$CRIUI.'.I) UERInN; AMENI)INCi -.zONING MAP OJ; DEl.RAY OEAC'II, f'LORJfh'\. MARCU 2006':;
PRQVIllING .'\GENERAl- Rf.:t'EAll':.R CLAOSE,;\ SAVlN{. CLAUSE.. AND ..\N EFFlXTIVt:. DATI::.
flRmNANC",' Pin 71-116.
AN ORmNANCJ-: or THE erN COMMISSION OF THE CITY Of DI:I.I<AY BEM:Jf. I'LORID;\,
AMiiND!NG CIIAf'TER 100. "NUISANCES". or: TIlt: cou(;:or OKmN.....NC{'~'i or H-IE CIT\' OF DEL.K_"\Y
IU;.ACli BY t!N!\C1.ING A NllW SECTION 100.10. "]t>.1)IVIOUA1.J.Y Dt:SJ(;N..."TED tllSTORIC
STRUCTlJRES ANn STkllCTt:RI;~ IN HISTCHHC DISTRICTS". T() PRQHIf.\ITNEGl.ECr 01' SAME ANI)
PROVIDE /\ MI-rnIOD H>R ENFORCEMENT Tour-,[.r PREVENT mrrr:.RIOR.'\TJON OF SAME;
PROVIDING" SAVlN"GS CT...<\USE, A GENERAL Rl:J.>EAU:.1C Cl.-"USE, AND AN [,ff-'ECnVE ()^n~,
()N.IUN~Ne5' Nfl 7]-06
,",'
AN ORLJINANt.'I: ()t-' nil:: CITY eOMM1SSION Of UU:.: <.'ITY Of" I>ELRAY BE,a,CH. FI.OIUl>.,
,\Ml',Nl>fNt"j CHAPTER :'it), ....R.ECLAIMEJ.) \V.f\l1';R". ()FTHE CODE. OF OR()lNANCES Ol' THE (';nY Of
DEI.RAY HI,'ACH. BY AMENDI.NG SE<;'nON 59.(;<,), MH:f-:S, HAms AND CI1ARGES". -Il) AI)JlJST Tlffi
Wt-K1J.hS!\1..F:: C1JSTOMER KAI'E; J"ROV1LlING A s,"VING CL'\tJSE, ^ GENHt.AL REI'I';ALER CL."USE
AND AN EH'HCTlVf~ DATE.
ONIlINAN{.... NO '.,0Ii
AN ORllIN,"NU'; 01' HIE CITY COMMlSSlON 01-' UtE <JTY or UEUlAY IU:'\CI:1. FLORIOA
AMENDING THH LANIl f)fwnOPt..n:.'N'r RFGt)I_ATlO""-S or nl[; (nilE Of ORDINANCES OJ: 'IHf.
CITV OF IJU.RA"t' IJl'.ACIl. Rl'Lo/(IlN(j lU HIE CONCURRENCY MANAGt-:MENT ~YSTEM UY
1.:NACnNG SE('nON 8." "'PROP()l{nON.f\IT FAIR-SHARE PROGRAM": ANn PROVIDrNG A GENERA[
REPI:.ALER CLAPSE. A SAVINGS CLAlIS.f; AND AN EI-'Ff.<.:nVf; DArE.
ORmNANCJo' NO 7!'\..tWO
AN ORDINANCE OF HIE CITY COMMIs.."SION OJ: HiE CITY Of OELR,,," BEAnl, FLORIDA.
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MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CllY MANAGER ~
AGENDA ITEM # 10. F' - REGULAR MEETING OF DECEMBER 5.2006
ORDINANCE NO. 74-06
TO:
SUBJECT:
DATE:
DECEMBER 1, 2006
This ordinance is before Commission for second reading to amend Land Development Regulations
(LDR) Chapter 8, "Special Implementation Programs" by enacting a new Section 8.6 "Proportionate
Fair-Share Program". Adoption of this Ordinance is required by State Law.
At the first reading on November 21, 2006, the Commission passed Ordinance No. 74-06.
Recommend approval of Ordinance No. 74-06 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinanee Agenda Memos\Ord 74-06 Amend LDR Section 8.6 Proportionate Fair-Share Program 2nd Reading 12.0S.06.doc
~
TO:
FROM: DIRECTOR OF PLANNING & ZONING
SUBJECT: MEETING OF NOVE ER 20, 2006 **REGULAR AGENDA**
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRs) CHAPTER 8 "SPECIAL
IMPLEMENTATION PROGRAMS" BY ENACTING A NEW SECTION 8.6
"PROPORTIONATE FAIR-SHARE PROGRAM".
The item before the City Commission is approval of a City-initiated amendment to the Land
Development Regulations to accommodate revi!)ions to Chapter 8 "Special Implementation
Programs" section of the LDRs.
Revisions to the Growth Management Legislation approved in 2005 directed local governments to
enact concurrency management ordinances by December 1, 2006 that allows for "proportionate
share" contributions from developers to satisfy traffic concurrency requirements. The bill
authorizes "proportionate share mitigation" allowing developers to satisfy transportation
concurrency requirements through "proportionate share mitigation" if facilities needed for the
mitigation of the development impacts are specifically identified for funding in the 5 year Capital
Improvement Element (CIE), or in a long-term Concurrency Management System (CMS), or if
contributions or payments to such facilities are reflected in the next update of the 5 year CIE.
Further, if funds allocated for the 5 years of capital improvements in the City's CIE are insufficient
to fully fund construction of a transportation improvement required by the CMS to make the
project concurrent, the City may still enter into a binding proportionate fair-share agreement with
the applicant; provided, however, that the proportionate fair-share amount in such agreement is
sufficient to pay for one or more improvements which shall, in the opinion of the City Commission,
alleviate the concurrency concern and the CIE is amended accordingly at the next annual review.
Proportionate fair-share mitigation can include private funds, contributions of land, and
construction and contribution of facilities. A local government may not require a development to
pay more than its proportionate fair-share contribution regardless of the method of mitigation.
The ordinance was considered by the Planning and Zoning Board at a special meeting of
November 6, 2006. The Board discussed the proposed ordinance and recommended approval
on a 7 to 0 vote by adopting the findings of fact and law contained in the staff report and finding
that the requests are consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
Approve the amendment to Land Development Regulations Section Chapter 8 "Special
Implementation Programs" by enacting a new Section 8.6 "Proportionate Fair Share Program"
section of the LDRs.
Attachments:
· Proposed Ordinance
· Planning & Zoning Staff Report of November 6, 2006
IZ.€
;,
Planning and Zoning Board Memorandum Staff Report, November 6, 2006
Amendment to LDRs Pertaining to "Proportionate Fair-Share"
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable Objective and Policy were noted:
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.
The purpose of the amendment is to make the concurrency management systems complaint with new
growth management laws which now regulate them. While compliance with growth management laws
is not specifically mentioned in a Goals, Objectives, and Policies section of the Comprehensive Plan,
the overall Comprehensive Plan is required to be consistent with them.
Transportation Policv A 2.3 Concurrent with the issuance of building permits, provisions shall be
made for the installation of improvements which are necessary to maintain the adopted level of
seNice.
The proposed amendment addresses how these necessary improvements will be funded and the
process by which these transportation system improvements are to be achieved.
Based on the above, a positive finding can be made that the amendments are consistent with and
further the Goals, Objectives, and Policies of the Comprehensive.
Courtesy Notices:
Given the generic nature of this requirement, i.e., bringing the City's concurrency requirements
consistent with new growth management laws, no individual notice was given.
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
The purpose of this City-initiated LDR text amendment is to create a "proportionate fair-share" option
for compliance with traffic concurrency as required by the Growth Management Laws of 2005 and as
codified in Florida Statute 163.3180. Positive findings can be made with respect to LDR Section
2.4.5(M) (5) and the proposed amendment is consistent with and furthers the Goals, Objectives and
Policies of the Comprehensive Plan.
Recommend to the City Commission approval of the City-initiated amendments to Land Development
Regulations to Chapter 8 "Special Implementation Programs" enacting a new Section 8.6 a
"proportionate Fair-Share" program.
Attachment:
· Proposed Ordinance
ORDINANCE NO. 74-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, RELATING TO THE CONCURRENCY
MANAGEMENT SYSTEM BY ENACTING SECTION 8.6
"PROPORTIONATE FAIR-SHARE PROGRAM"; AND PROVIDING A
GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the 2005 amendments to the State of Florida's growth management
legislation directed local governments to enact concurrency management ordinances by
December 1, 2006, that allow for "proportionate share" contributions from developers
toward traffic concurrency requirements; and
WHEREAS, the City Commission has determined that it is necessary to create a
Proportionate Fair-Share Program consistent with Section 163.3180(16), Florida Statutes;
and
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on November 6, 2006,
and voted 7 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is consistent
with and furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in
the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
WHEREAS, the City Commission has determined that adoption of this Ordinance is
in the best interest of the citizens and residents of the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and ratified.
Section 2. A new Section 8.6, "Proportionate Fair-Share Program" of the Land
Development Regulations of the Code of Ordinances is hereby enacted to read as follows:
1
Section 8.6. Proportionate Fair-Share Program.
(A) Purpose and Intent. The purpose of this section is to establish a method whereby the
impacts of development on transportation facilities can be mitigated by the cooperative
efforts of the public and private sectors, to be known as the Proportionate Fair-Share
Program, as required by and in a manner consistent with Section 163.3180(16), Florida
Statutes. Proportionate Fair-Share payments shall be distinct and separate payments from
and shall not be considered the same as impact fee payments. Impact fees are imposed
by the City to replace capacity utilized by growth and to provide funding for long-range
transportation plans. Proportionate fair-share is assessed to pay for specific deficiencies
to the transportation network resulting from development and enabling development to
meet level of service (LOS) concurrency requirements. Proportionate Fair-Share enables
development to meet concurrency requirements by proportionately paying for
improvement projects.
(B) Applicability. The Proportionate Fair-Share Program shall apply to all developments
that fail to meet the standards of this division on a roadway within the City that is not the
responsibility of Palm Beach County or the Florida Department of Transportation (FOOT).
The Proportionate Fair-Share Program does not apply to Developments of Regional
Impact (DRI) using proportionate fair-share under Section 163.3180(12), Florida Statutes,
projects exempted from this division, or for projects that received traffic concurrency
approval prior to December 1, 2006.
(C) General Requirements. An applicant may choose to satisfy the transportation
concurrency requirements by making a proportionate fair-share contribution for impacts
of new development on City roads that have or will have an LOS deficiency as defined
in this division, pursuant to the following requirements:
1. The proposed development is consistent with the comprehensive plan and
applicable land development regulations.
2. Any improvement project proposed to meet the developer's fair-share
obligation shall meet the City's design standards for locally-maintained
roadways.
3. The scope of the project shall provide for no less than the capacity necessary to
address the transportation concurrency needs for the next five years atter the
execution of the fair-share agreement.
4. The road improvement necessary to maintain the adopted LOS is specifically
identified for construction in the five-year schedule of capital improvements in
the Capital Improvements Element (CIE) of the Comprehensive Plan. The
provisions of subsection 4. a. may apply if a transportation project or projects
are needed to satisfy concurrency and are not presently included within the
City's CIE.
a. If an applicant meets the criteria contained in subsection (c), and the City's
CIE does not include the transportation improvements necessary to satisfy the
2
LOS deficiency, then the City may allow transportation concurrency
improvements and funding for the project through the proportionate fair-share
upon compliance with the following criteria:
(1) The improvement shall not be contained in the first three years
of the City's five-year schedule of capital improvements in the CIE;
(2) The City adopts by resolution a commitment to add the
improvement funded by the developer's proportionate share
assessment to the five-year schedule of capital improvements in the
CIE at a point no later than the next scheduled annual update. To
qualify for consideration under this section, the developer shall be
required to submit for review and obtain the City's approval of the
financial feasibility of the proposed improvement pursuant to
Section 163.3180, Florida Statutes, consistent with the
comprehensive plan, and in compliance with the provisions of this
ordinance;
(3) The City agrees to enter into a binding proportionate fair-share
agreement;
(4) The City agrees to amend the five-year schedule of capital
improvements in the City's CIE at the next annual review or if the
funds allocated for the five-year schedule of capital improvements
in the City's CIE are insufficient to fully fund construction of a
transportation improvement required by the CMS to make the
project concurrent, the City may still enter into a binding
proportionate fair-share agreement with the applicant; provided,
however, that the proportionate fair-share amount in such
agreement is sufficient to pay for one or more improvements which
shall, in the opinion of the City Commission, alleviate the
concurrency concem and the CIE is amended accordingly at the
next annual review.
(0) Intergovernmental Coordination. Pursuant to policies in the Intergovemmental
Coordination Element of the Comprehensive Plan, the City shall coordinate with Palm
Beach County and other affected jurisdictions, such as FOOT, regarding mitigation to
impacted facilities not under the jurisdiction of the local govemment receiving the
application for proportionate fair-share mitigation. An interlocal agreement may be
established with other affected jurisdictions for this purpose.
(E) Application Process.
1. In the event of a lack of capacity to satisfy transportation concurrency, the
applicant shall have the opportunity to satisfy transportation concurrency
through the Proportionate Fair-Share Program pursuant to the requirements
of subsection (c).
3
2. Eligible applicants shall schedule a meeting with the Planning and Zoning
Department to discuss utilization of the Proportionate Fair-Share option.
Eligible applicants shall submit a completed development application and all
documentation requested by the City. The City shall establish applicable
application fees for the cost of reviewing the application. If the impacted
facility affects or is on the Strategic Intermodal System (SIS), or County
roadway, then FOOT and Palm Beach County will be notified and invited to
participate in the meeting.
3. The Planning and Zoning Department shall review the application and certify
that the application is sufficient and complete within 14 working days. If an
application is determined to be insufficient, incomplete, or inconsistent with
the general requirements of the Proportionate Fair-Share Program as
indicated in subsection (c), then the applicant will be notified in writing of the
reasons for such deficiencies. If such deficiencies are not remedied by the
applicant within 30 days of receipt of the written notification, then the
application will be deemed withdrawn and all fees forfeited to the City.
4. Pursuant to Section 163.3180(16) (e), Florida Statutes, proposed
proportionate fair-share mitigation for development impacts to facilities on the
SIS requires the concurrency of the FOOT. The applicant shall submit
evidence of an agreement between the applicant and the FOOT for inclusion
in the proportionate fair-share agreement.
5. When an application is deemed sufficient, complete, and eligible, the
applicant shall be advised in writing and a proposed proportionate fair-share
obligation and binding agreement will be prepared by the applicant and
delivered to the appropriate parties for review, including a copy to the FOOT
for any proposed proportionate fair-share mitigation on a SIS facility, no later
than 60 days from the date at which the applicant received the notification of
a sufficient, complete, and eligible application. If the agreement is not
received by the City within these 60 days, then the application will be deemed
withdrawn and all fees forfeited to the City.
6. No proportionate fair-share agreement will be effective until approved by the
City Commission.
(F) Detennining Proportionate Fair-Share Obligation.
1. Proportionate fair-share mitigation for concurrency impacts may include,
without limitation, separately or collectively, private funds, contributions of
land, and construction and contribution of facilities.
2. A development eligible for participation under the Proportionate Fair-Share
Program shall not be required to pay more than its proportionate fair share.
The fair market value of the proportionate fair-share mitigation for the
impacted facilities shall not differ regardless of the method of mitigation.
4
3. The methodology used to calculate a development's proportionate fair-share
obligation shall be as provided for in Section 163.3180(12), Florida Statutes,
as follows:
The cumulative number of trips from the proposed development
expected to reach roadways during peak hours from the complete
build out of a stage or phase being approved, divided by the change
in the peak hour maximum service volume (MSV) of roadways
resulting from construction of an improvement necessary to maintain
the adopted LOS, multiplied by the construction cost, at the time of
developer payment, of the improvement necessary to maintain the
adopted LOS.
OR
Proportionate Fair-Share=I[[(Development TripSi)/(SV Increasei)] x
Cos~]
Where:
Development Tripsi = Those trips from the stage or phase of
development under review that are assigned to roadway segment "i"
and have triggered a deficiency per TPS;
SV Increasei = Service volume increase provided by the eligible
improvement to roadway segment "i" per Section (c);
Cos~ =Adjusted cost of the improvement to segment "i". Cost shall
include all improvements and associated costs, such as design, right-
of-way acquisition, planning, engineering review, inspection,
administration, and physical development costs directly associated
with construction at the anticipated cost, including contingencies, in
the year it will be incurred.
4. For the purposes of determining proportionate fair-share obligations, the City
Engineer shall determine improvement costs based upon the actual and/or
anticipated cost of the improvement in the year that construction will occur.
5. If an improvement is proposed by the applicant, then the value of the
improvement shall be based on an engineer's certified cost estimate provided
by the applicant and reviewed by the City Engineer or other method approved
by the City Engineer.
6. If the City has accepted right-of-way dedication for the proportionate fair-
share payment, credit for the dedication of the right-of-way shall be valued on
the date of the dedication at 115 percent of the most recent assessed value
by the Property Appraiser, or at the option of the applicant and in-lieu of the
115 percent of assessed value option, by fair market value established by an
5
independent appraisal approved by the City at no expense to the City. This
appraisal shall assume no approved development plan for the site. All right-
of-way dedicated shall be part of a roadway segment that triggered the
deficiency per TPS and shall not be site-related. The applicant shall supply a
drawing and legal description of the land and a certificate of title or title search
of the land to the City at no expense to the City. If the estimated value of the
right-of-way dedication proposed by the applicant is less than the City-
estimated total proportionate fair-share obligation for that development, then
the applicant shall also pay the difference. Prior to purchase or acquisition of
any real estate or acceptance of donations of real estate intended to be used
for the proportionate fair-share, public or private partners should contact the
FOOT for essential information about compliance with federal law and
regulations. The City shall also have the option of requiring an environmental
assessment for right-of-way dedication.
(G) Impact Fee Credit for Proportionate Fair-Share Mitigation.
1. Proportionate fair-share contributions shall be applied as a credit against road
impact fees to the extent that all or a portion of the proportionate fair-share
mitigation is used to address the same capital infrastructure improvements
contemplated by the impact fees imposed by the County and collected by the
City, in accordance with the Palm Beach County Traffic Impact Fee
Ordinance.
2. Impact fee credits for the proportionate fair-share contribution will be
determined when the transportation impact fee obligation is calculated for the
proposed development. Impact fees owed by the applicant will be reduced
per the proportionate fair-share agreement as they become due pursuant to
the Citywide Impact Fees Division contained in this chapter. Once the credit
has been exhausted, payment of road impact fees shall be required for each
permit issued. The impact fee credit shall be established when the
proportionate fair-share contribution is received by the City, or when the fair-
share amount is secured by Performance Security.
3. The proportionate fair-share obligation is intended to mitigate the
transportation impacts of a proposed project. As a result, any road impact fee
credit based upon proportionate fair-share contributions for a proposed
project cannot be transferred to any other project.
(H) Proportionate Fair-Share Agreements.
1. Upon execution of a proportionate fair-share agreement ("Agreement"), the
applicant shall receive a certificate of concurrency approval. Should the
applicant fail to apply for a development building permit within 18 months,
then the Agreement and the certificate of concurrency approval shall be
considered null and void, and the applicant shall be required to reapply.
6
2. Payment of the proportionate fair-share contribution is due in full no later than
the issuance of the first building permit, and shall be non-refundable. If the
payment is submitted more than 90 days from the date of execution of the
Agreement, then the proportionate fair-share cost shall be recalculated at the
time of payment, pursuant to subsection (f), and adjusted accordingly.
3. In the event an Agreement requires the applicant to payor build 100 percent
of one or more road improvements, all such improvements shall be
commenced prior to the issuance of a building permit and assured by a
binding agreement that is accompanied by a Performance Security, as
determined by the City, which is sufficient to ensure the completion of all
required improvements. It is the intent of this section that any required
improvements be completed before the issuance of Certificates of
Occupancy.
4. Dedication of necessary rights-of-way for facility improvements pursuant to a
proportionate fair-share agreement shall be completed prior to the issuance of
the first building permit but shall not include a building permit issued for a dry
model.
5. Any requested change to a development subsequent to a development order
may be subject to additional proportionate fair-share contributions to the
extent the change would generate additional traffic that would require
mitigation.
Applicants may submit a letter to withdraw from the proportionate fair-share
agreement at any time prior to the execution of the agreement. The
application fee and any associated advertising costs paid to the City will be
non-refundable.
7. The City may enter into proportionate fair-share agreements for selected
corridor improvements to facilitate collaboration among multiple applicants on
improvements to a shared transportation facility.
(I) Appropriation of Fair-Share Revenues.
1. Proportionate fair-share revenues shall be placed in the appropriate project
account for funding of scheduled improvements in the CIE, or as otherwise
established in the terms of the proportionate fair-share agreement.
Proportionate fair-share revenues may be used as the 50 percent local match
for funding under the FOOT TRIP, or any other matching requirement for
state and federal grant programs as may be allowed by law.
2. In the event a scheduled facility improvement is removed from the CIE, then
the revenues collected for its construction may be applied toward the
construction of another improvement within that same corridor or County
Impact Fee Benefit Zone that would mitigate the impacts of development
pursuant to the requirements of subsection (c) 3.
7
Section 3. That all ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder hereof as a whole
or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of 2006.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
11-15-06 P&Z
8
MEETING DATE:
NOVEMBER 6, 2006
III. B.
AGENDA NO:
AGENDA ITEM:
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRs) CHAPTER 8 "SPECIAL
IMPLEMENTATION PROGRAMS" BY ENACTING A NEW SECTION 8.6
"PROPORTIONATE FAIR-SHARE PROGRAM".
The item before the Board is that of making a recommendation to the City Commission regarding a
City-initiated amendment to the Land Development Regulations to accommodate revisions to Chapter
8 "Special Implementation Programs" section of the LDR's.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not
be made until a recommendation is obtained from the Planning and Zoning Board.
Revisions to the Growth Management Legislation approved in 2005 directed local governments to
enact concurrency management ordinances by December 1, 2006 that allows for "proportionate
share" contributions from developers to satisfy traffic concurrency requirements. The bill authorizes
"proportionate share mitigation" allowing developers to satisfy transportation concurrency
requirements through "proportionate share mitigation" if facilities needed for the mitigation of the
development impacts are specifically identified for funding in the 5 year Capital Improvement Element
(CIE), or in a long-term Concurrency Management System (CMS), or if contributions or payments to
such facilities are reflected in the next update of the 5 year CIE. CIE's that note proportionate fair-
share contributions are not to be found in noncompliance if additional contributions, payments or
funding sources necessary to fully fund the improvements are reasonable anticipated during a period
not to exceed 10 years. Further, if funds allocated for the 5 years of capital improvements in the
City's CIE are insufficient to fully fund construction of a transportation improvement required by the
CMS to make the project concurrent, the City may still enter into a binding proportionate fair-share
agreement with the applicant; provided, however, that the proportionate fair-share amount in such
agreement is sufficient to pay for one or more improvements which shall, in the opinion of the City
Commission, alleviate the concurrency concern and the CIE is amended accordingly at the next
annual review.
Proportionate fair-share mitigation can include private funds, contributions of land, and construction
and contribution of facilities. A local government may not require a development to pay more than its
proportionate fair-share contribution regardless of the method of mitigation.
REQUIRED FINDINGS
LOR Section 2.4.5(M)(5) (FindinQs): 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.
CITY OF DEL RAY BEACH. FLORIDA
NOTICE OF PUBLIC HEARING
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.....(
."N ORI)lNANCF. or TUh l.TIY COMMISSION ()1' '11m errv Of DEI,RAY m":ACH. H.ORIDA,
AM[NI>1"N(j ORDINANCE 34-061W AMENDING SH~TI()N -37.45, '.S.UPPtEME.'''<'1AL CODE EN1'ORCF....
Ml;:NT PRtXhlll.'KF.~-. SU8Sf.X:TI()N (V_). "t:IVIL I'ENAUWS-, 8Y REMOVINGlliE Kl'-;FEH.ENCE TO
SJ-:C110N QX.OI, "'l.I"rmR IN PARKS".AMf.NDIN<ll'HE N;-N:\I.TY AMOU.......,. FOR (XX is ON TIIF DEACI-l
ANU SKATf:'.H()AKllfNc..i AND Al>IJIN(i ^ NEW f>>t:NAt.:ry fOR "VEHICLES ON THl'i 8EACH- ANn
-G^RtlAGE. SEW.'Gf.., AND CYfln-:R WAsn: Ml\TERll\lS': flROVU}lNG !\ Gl:NER.'\L REPEALER
CLAUSE,.\ SAVING Cl.AUSE AND AN U''''EC"flVE DATE.
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nunIN.\NC'J.' Nn._6,l,...t~
AN OKI>lNANC€ OF 1"UE CITY COMMISSION Of 'I1iE CITY Of UELR;\Y UEACH, FtOH.1IJA.
REPf.AL..ING SI,e-nON 9I.0'.l. "J.JTIf.R IN PARKS" ANll AMFNnlNO CHAI'TF.H 101, "'AkKS. UEACHf.S
ANI) R({CRt~^.Il()N. GENERAL PROVISIONS". BY AMLtN()IN(j SI<A:7TJON 101.17, "'<.iARBAGt;, SI;;WM.H:i,
ANI) OTHf.R WASn~ M^Tf.RIAI~':l", .Ill READ "OARHM,IE, nlASH. Urn:.R.SF:WAGf':" AND OrHf::R
WAS'll: M,ATERIAl.S'.. RYAMENDINH SUSECTION IOJ .17(1\). TO S.m.ENmrrHEN PROUIOITIONS ON
Unl"'.MJN(l ON THE MUNleIP,\!. Rf'.ACH. RECRf:".ATIONAl. FACILITIES ,\ND Pl.lBUC r.....Rks. ANl.ll:lY
ENACTING A NEW SUBSECTION 101..,6, ""l)[lITION.,,1. RlH.J-.;S ."PPl.YING TO CITY PARKS.
RECRF:A.n()N FACU.rnj;s AND nm MlI'NICIPAL DE."\C1r, 10 PRO....IOE FOR AllDITfONAL RUl.I>S
WHICH lNCI..UOt::SAPROHlmTION ON SMOKING IN CERTAIN ."RE,\S Of THE Bf.'.."CH. TI-1ATCAN RE
ENff)MCETl Ii.... ISStJfNG CfVI1_ ('ITA'nONS IN ADUITION TO OHmR REMEDIES. I'ROVlOfN(;" A
GfNERAl. REPEAl.ER CL.AUSE, A S."VINGS CJ..A1J5f ."ND AN F.Ff-'r..CTlVf. DATE.
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ORnIN"'-NCI' NO 70-06
AN ORl1INANCf. Of' THE C,TY COMMISSION OF TI--It: crrv OF DELRAY BF.......('H. 'f'I..oRIUA.
ANNEXIN(; TO 'mE CITY OF ])ELRAV Or'.J\CII. A P/\RCI::L or l.AND I.<X'ATED ON nn, SOU11l' SIDE;
Of I BRU ROAD. 640 FEET WEST OF BARWICK HOM>, ,\ND APPROXIMATf-:LY 1,400 ,:n;T NORTH OF
L'\KI~ IDA Ro....'O. AS nw. SAME IS MOlm P.....RTICUIARLY 'DESCR[f}[O HERHN, \\<lnCII LAND J5
CONTIGI 1011$ "10 THE eXISTFNO 1\.lI,NlCn'AL "LIMITS; JU~J)Ef'-lNIN(i H)[; BOlJN-OARIf.SOF TilE CITY
TO INCUilJE S,\IIJ I..ANIJ~ l'ROVLOI.NG fOR lllFO )ll('jHl"S A.>.,lU OBl..lGATION!o'; OF SAID J..ANO;
f'ROVll>lNG FOR THE ZONING 'IHEREOFJO RM.8: (MEDIUM Dt::NSI1Y 'RP.SfDENTIAL n_ S UNITS flBR
,\CRH)'.I'KOVIUING- AGENERAL itU'I"AL":...R CLAUSE. ^ .c;A\.'ING CL"US1:, AND AN EFHX"T1VI.'. DATK
A DlI'IfI (lUll 10 tl.'.al",j depklinllllhe p.;:ne.."IIQCatioft <If the fM'Opo:tty III he llnne-K..-d i,;, ",hown tw.lo.l~". /II. ,:,ompk:k: Ie-Qlll
dCN:rilJtinn by k.">l. llod wbdi~isilm and.-'or mt:1C8 and hound!> mid ;'<.:.('1')- ofdu: Qrdill:l~ bt'n:.-in allol.Wt: llameod call be
t.>ht..iao:cl f,\"".thcOff'wc \lfrlM'!City ('led,. City lUll. 100 N.W. lstAvt:lw<:-,l><:Olnl;o; beach. f-"loridn.
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OAnrN.4.NC5: NO 1l..oto
AN ORDINANCE or Tl-If: CITV (;OMMJ8SI0N Of THE CITY Of OELflAY IlEAClt, fI,OR[l}A.
REZONING A.ND PLA.CING I..ANn PRESENTLY ZONlm I lINDOSTRIAL) DlsnuCr 1"0 Mle IMIXEO
IN[)(JSTRl,\L AND C-c)MM[RClAI.) DISTR1C'T; S,\[D l.AND HflNG A PARCEL UXJ\"Il)f) NORTH or
n-u> OLD TRAIN \iTA.noN. BETWI~EN Tlif. CSX RAILROAD AND 1-95, AS MORf:: PARTICULARLY
DESCRlUEl> HEREIN; AM!;.....OJN(; "ZONING MAP OJ: DELRAY OEACIt, FLOlUD)\. M!\RC'ft 2006~;
PROVIDlNG.'\ G~NERAL REPEAlER CL^l.JSE,:\ SAVING CLAtjSl3, ANO!\N l..'.FH,Cr1\iE DATI::".
nJUlINAoNCJ.' NO 71:.4)6
AN ORI>lN!\NCf! OF 1.,m CITY (-OMMISSLON OF THE CITY 01' [JELRAY U.Ei\CI-l, FLORIDA.
AMENnlNG C1IArrER 100. -NltISANeES".OFTII1'COOr,;OFOR[)fN."'t.NCES OF HI[': CITI Of nr.'I..R..'\Y
BI-:.\CI-I 11Y ENo\C::JTNG .\ NIl\\' SECTION 100.10_. "IM)lvmUALLY DESI(JN..\T(D HlSTORfC
STHuCnnWS.\ND STRlK'HJRfiS I'N 'f-lISlOHIC [JISTRICTS", TO PROHlHlTNEGu.':CrOF SAME-AND
P'J(()VID[ ,\ MI-:-nIOD [,OR ENJ.'OR('I.:MJ<:NT TO Hr.LP PREVENT OlnERIORATlON OF SAME:
PROVIDING A SAVINGS CL..\t.:Sf;. A GENERAl.. REPEAL.ER CLAUSE. AND AN GFI;J:'.ClIVE [lATE
HHIlINANC5: Prl:n 'n...ot.
0"
AN OfUJINANCE Of Hi.E t.'ITY COMMISSION 0". un.: CITY Ot. I)J:;UIAY IlEACU. t'I.ORlI>A,
.\MENDING CH1't'n'.tt 5Q" "R'.:('L.".IMEJ.) WAIHi-, Of: THE CODE Of,' ORDINANCES Of HiE elrv Of
IJEUl.\Ytn;ACtt. BY AMENDING SE<;TION 59.l;Y. -n;t-:s. RAms ANI> OL\RGES", "lU ADJUST THE
WHOU~,'\l.E CUSTOMER R...\l'F.~ PROVIOlNG A SlWING CL....USE. A GENERAL REI'b......LER CLAUSE
ANI) AN l:Ft.t:cnvt:: UATli.
ON:IUNANC'Io'tin 74.06
AN I.>RDlN."NU~ 01' nIE CITY COMMISSiON OF nu.: CITY 01: m;I..RAY m:;"\CH, Hf.lRIDA
^M.~DIN(j THE LAND fllWEl,opto,.reNT RE(iULAT'O...."S OF nlE ('()m~ OF ORnlNANCES OF l1fE
CITY OF !JELRAY UrACIl. Rl':L:'\TING TO "11m <:ONClIRRENCY MANM.t;MENT ~YSn~M flY
ENACTING SE('.nON 8.f\. "'PROP(}l{nONATl': FAIR-SHARE. PR<)(.KAM"; AND PHOVIDlNCj A GENERAL
IU:Pl.~^I.ER C1...\.\.!Sl:. A SA\'rNGS CL,\USEANllAN Enl"'.Cl"IVE DATE.
ORnlN ",-Ne.' NO 7"--ew,:
AN ORf>fNANC"P. Of" HIE CITY CUMMISSION UF 'mE eny OF DELRAY BEACH, rLORIDA.
hMF.NOIN(1 THE f'(>Ur. or ORDfN,\NCF-S OF THE CITY OP DELRAY RE^CH. f['()RIDA. AMENOlNO
SfCl10N H,oc17, "RE'f1REMy'NT fNCOME:. OASIS. ,\MOt..!N"!', AND l'AYMEl'<T'.. 8'1 N~1I:-:KI)[NG
SUASECTION ,>:,\.()Q7(M). "E!\lU,.v .RF.TIRFMF.NTINCENnVE". TO PROVIOF.fOR CH'ANnr:.IlI"'.UGIBIl._
HY TrMIN(i, PROV[I)ING ^ GENERAL RFllEALER CLt\USF... A SAVING CLAUSE ANI> :\.N f:..'.n:::CI1VE
D^TI'..
~le3.".: hc!o ~1\,t:..:J th:t.l jf... l>e::f!o<lO .tcci.-k:!l hl "i'P<'.a1 allY dcci'Silltl mllde to)" l'he Cil;r C\YInnis~lol~ ....jlh re~~t ro nn,.
1II;1Il.:r':"lIsich:n:tl II dl':ic: Il&l:iIfing.", su;..;b flCt!>Wl limy 1I..'C1.I k' etlSlI~ lhut a y~illl ft:CCNlJ iu.:llltlc!; Ibe l.Ct;tilIli>uy
nnd ev,d\','I(;a; up....n whit:-It the a~'JK'1I1 i-< ft. bt- ha.."I:d The ('it)> dtlON nt)l p,,:o~j(k fKlI" pn:--p"'", "lIdt (C<;o.""u. I'w..~alll
tIOES.2M.O/O;.
I" IIU.JSII: hiday_ "O"';-IUher 2--1-, ::!006
HOCA R......lON I"EW5.1>U.R.,",," IlEACH NEWS
CITY OF nEI-RAY f:H:,^CIl
Chcwlk: D. N"hill. CMC
C-.if)'Cled
cc:
J-aA1-e I d 0-/
~ 1) eC. 571--
_A~ciO-/
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGE~
AGENDA ITEM # I O.~ - REGULAR MEETING OF DECEMBER 5. 2006
ORDINANCE NO. 73-06
TO:
SUBJECT:
DATE:
DECEMBER 1, 2006
This ordinance is before Commission for second reading to amend Chapter 59, "Reclaimed Water",
of the Code of Ordinances by amending Section 59.09, "Fees, Rates and Charges", to adjust the
wholesale customer rate.
At the first reading on November 21,2006, the Commission passed Ordinance No. 73-06.
Recommend approval of Ordinance No. 73-06 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 73-06 Amend Chptr 59 Reclaimed Water 2nd Reading 12.05.06.doc
'"
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
-'Ii\) NW 1,1 AVENi
il I.II'!lONE. ',h i
In Y BEACH, FL.ORIDA 33444
. I\CSJ:\lILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
F lOR lOA
~
All-America City
, III J! ~:TE:
1993
2001
MEMORANDUM
November 13, 2006
City Commission
David T. Harden, City Manager
FROM:
Terrill Barton, Assistant City Attorney
"''yf' \0-
I v \..J\,/
SUBJECT: Ordinance 73-06 Amendinq Chapter 59 "Reclaimed Water"
The attached draft ordinance amends Section 59.09, "Fees' Rates and Charges"
to adjust the wholesale customer rate.
Please place this ordinance on the City Commission November 21, 2006 agenda
for first reading.
Thank you.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
/Z.F
ORDINANCE NO. 73-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 59,
"RECLAIMED WATER", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, BY AMENDING SECTION 59.09,
"FEES, RATES AND CHARGES", TO ADJUST THE WHOLESALE
CUSTOMER RATE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, in September, 2006, the City Commission approved water and sewer rate increases;
and
WHEREAS, in accordance with the implementation of those increases, a new fee is hereby
established for wholesale customers.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA:
Section 1. That Title V, "Public Works", Chapter 59, "Reclaimed Water", Section 59.06,
"Fees, Rates and Charges" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
Sec. 59.09. FEES, RATES AND CHARGES.
(A) Charges for reclaimed water use will be based on metered flows and will be billed
on a monthly basis per one thousand (1,000) gallons in accordance with the following schedule:
1. Retail customer rate ................................... $1. 00
2. Wholesale customer rate...................... ~ 0.26
(B) Meter installation charges, when applicable, shall be as listed in Chapter 52,
section 52.32.
(C) Capacity charge, when applicable, shall be as listed III Chapter 52, Section
52.34(B).
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective upon second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2006.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
2
ORD. NO. 73-06
CITY OF DELRAY BEACH. FLORIDA
NOTICE OF PUBLIC HEARING
A l'U01.l(, ImAklNG \\<111 ho= Mid (Ht Ik- fiJlluwillg pt'o>P'l5ed ordiMrk.'n .:It 7'M n..m na Tl:V.S()A,V
INi:CItMTlIo'.:R:!t :JIM'" nr al au) e4..uin",..tilJO (If s\I.:b lflt.'t'lifl@: whil:h i... ~t b." the C(>lnm~un), in the City
Connni:r.t<i,)n Cbam'K"n... 11M) N.W. "1 An'nUt". Delr.... a.~h. 1'I.)ridlt. ftl whidt lime II..:: City Comlll~"'ion ~i11
t"tJN;idcr tl.\.>ir Itduplion. nit: prq:~sed ordillallce$ IOay't>c iUsp<<'&ed iU tilt: Oftic:t' of tbe City CI;rk.11 ('~ Hall. 100
K W. hi ^nlMJC. 1.>0101) lka::h. fk>ridn, be\wt'C'1\ the hotln; 0' ft:I)O lI.m. and 5:1)0 p.m.. t.1..:Mlthly tJm"'"~th 'Fridtl}",
C'l:c-..pr holkL1}'$. All illterc.stc:d punic" are ilwited to .11enJ ..let h.: h~.Ird "'itll rc~1 III the prop(l~t unlin,lUt(;Cs.
qRIUNJl.Nf'li" NO ~2:ti
AN ORDINANCE or nIl! CITY O:)MMlS.SJON OF TIlE elT\' Of I)ELR~'Y BEACH, FLORII)A,
,U,ffi"N[)JNG nn: FVTl.TR[; lAND USE ~1.\P DESIGNAll0N AS CONT^INE[.lIN 11fE COMrRCUENSIVE
PI....'N "ROM C:F (COMMUNITY FJ\CILlTmS); TO l.[) (LOW DI:.1-iSITY RESIDENTIAl,. 0.5 IJUlAC);
El,I'.cnN<:i TO ..R<X'EEI> UNl)[:R THE SINGIl~ HEARIN<; AI)(WnON "H.()(':I~.SS J'OH. SMAU, SCM...E
l.ANl) WoIE PLAN AM1:.NI.>MENTS; ANll .RE7..cJNIN(; AND Pl..ACIN{j L..o\NO P1tf.sFNTLY ZONEn Cf
\COMMUNITY f'A"U..rnES); TO R.I.AA {SIN<jL(; FAMILVRESm....::NnALl DISTIUCT; S."ll> I..ANQ
DEIN<<:i ^ PARCI..:L Of LAND UX!\TEO I~S f..EE1- SO\J"ni 01' SHERWOOlJ UOUUVARD, ^'~PROXI.
MATJ:J.V tiSO n~F;r f"...\ST oF' MUJTAI\Y TRAIL. .<\...~ MORr PAR'nCUI.ARLY DESCRIBED m~RE.JN;
,\MENDING ";{.OI'HNG MAP 01' OELRAV BEACH. FtORIO,\. fo.1....RCl-l 21lO6"': PROVIDING A GENERAL
REPI!Al.ER CLMJSE. A SAYING CI.AUSE. ANn AN HFECTlVt-: J),<\TL
ORDINANCr;: NO ,.~
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AN ORU'NANCti Of nth UTY Ct.lMMISSIf.lN OF TifF. ory OF OH.R."Y IW..A{:H. i'L.OR!OA.
M,1ENI)fN(J ORDIN^NCE 34..06 B". AMEt-.1XNG SECnQN .37.4~, '.Sl:PPUMI~"AL CODE ENPORCl'.-
MENT PtUX:bOlJKF::S-. S1l8SEcnON (Vt. "(."tVt" J>l::NAHIES"'. flY REMC)V'....G nlE Rl',;FERENCf,...O
SEe-nON 91.0R. --urmR IN PARKS", AMENDING THE PEN.'\l."rY AMOUNT fOR lXX,S ()''''i TIIF 81~ACU
AND SKATE.BOARl)fN{. ANt) ADDING ^ NEW PENAI.TV t'OR "VEHICLES ON THl'i BEACH- ANn
'.G."RtlAG[. SEWAGE, AND ern'fER WAsn: M^TERt..\lS'; PROVII>ING !\ GENER.'\L REPE..'\U!R
CLAllSE,.A SAVING CtAUS"; ^'NDAN l:..:J..t'ECllVl': HATE.
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nIUUNA.NC'" NO 66..1""
AN O:ROlNANCH Of nil:' CITY <..""()MMISSION Of 'I1I.E CITY Of HEI.KAY UEACH, FlOR1DA.
RI'....:Al.tNG Sf,:C-n()N '>8Jt9. "J.JTTf.R'fN PARKS'" AND AMf,NI)ING CHAp.l.fiR 101, "PARKS. IlEACHES
AND RIiC.RBA:I:ION. OEN.h-RAL PROVISJONS". IW AMt;;N[)IN(j SECTION 10l.17, "(J.AIUiAG.t:. SI~WAGt::.
AND Ortt...RWASn'. MATERIAI$"', 10 REAl> "'C.iARHAGE, TRASH. UTTER. 'SEWAGf':' AND Ol"HER
WAS'n.; M..'\l~'RIAlS'.. BY AMENDING Sl!SI':CnON 101.17(;\), TO Sl'RENGUnU,.N PROUIDlTIONS ON
UrrF.IUNG ON 'nm Nfl rNlCIPAl. 8f'..AC,.I. Rf.CREATIONAL rAClI.-ITIFS AND PI.!RUC P."Rk.S. ANn}lV
ENACTING A NEW Sll.B..<;F.cTION 101..16, "Al)OtTIONAl. RUJ.ES ."PPI..YIN<i TO CITY PARKS.
REC:Rt:A.n{)N FAcn.rnr,s AND nil: MllNtCIPA'- m.:.'"ICH-. TO PRtJVII>E FOR ^l>DI'lTONAL RUl.r~'"
WHlCIf INeLVOI,s APROHlnITJON ON S.'\10KING IN Cf-.RT.\lN ....RE,\S or THE Rf.....CII. TH....TCA'N BE
ENf''ORClm 8V IS~urNG CIVIL CnA"I10'Ns IN ADDITION TO OHlER REMEDIES. I'RQVIDIN(j. A
f.it::NERAl. REPE,'J.F.R. CLAUSE. ^ S,WtNOS Cl.AUSf.'. AND AN EFfECTIVE r>ATf..
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OR.n1NAN('" Ntl 7O.-fNj,
AN ORDINANCE Of nil:'. CITY COMMISS10N 0" nil.'. crry OF Df.J.,RAY BEACH, 'H.ORIr.lA.
ANNIOCIN<i TO 'OlE CITV OF J>EL.R^Y D[-;ACI L A p,\Rcm. OF 1..."\NH l.OCATED ON 'rrrE S0U111'SIDF;
Of' I:HRl.l ROAD. MO FEf.TWF~~TOF 8ARWKK ROAn, AND API'fU)X1MATELY 1,400 "H:.-I" NOR.11! Of'
I.J\KE U>A Ro....n. AS UIE SAME lS MORE [>.'\RTICI)IARLY DL"iCR[f)EO HEREIN. \\-lU('11 I.AND J5
'CQ."'l'I1GllOtTS 'l'OTItE EXJs'nNO MUNI('IPAI. UM1TS; REDEFINING UJ[; 1:I0l)N'OARlf.SOF HIE <..'1TY
TO INCLlH)E S,"\IJ) IJ\Nf); PROVIDING fOR HIE KIGlnS "ND OBL.JGATION~ Of. SAID J.ANO;
I'ROVIDING FOR Trffi ZONING HIEREOF TO HM.1I (MEDIUM J>ENSITYRt-:S[I)P.NTlAl. ...8 UNITS PBR
ACRli):.I'HOVlllJNO A GENf;}t^l.ItEN~AI.H{ Cl.At'sL A !SAVING CLAlJSf:, ANr)AN E1'fr.::CTIVE nATf:;,
A nlnp (not t{l 'K.lo) deptcling th~ ~ftel1'd IocnliOlJ nfdM! prop...-rly III he llllnt'xcd is ,;hllwn twlow~ A <<>m:pICk leR41
de~r~"it)n by klt and .wbdi"Wllll andf<:>f mtlU"t; alld bo.lilnds.mid;1 copy ;)f!'he Qrdin:l!M;:C h~l1.'in .txwe u.am""ll (:all be
t.ohIained f"'lrII die OtTlOC urd~Cityelcri., Cily Hull. 100 N.W. l!il A....."',lItt:'.llelnl)' bc.lch. f'locic.b..
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SARtMCK
PAAK
ORUrN ~NCF, Nfl. '71-06
AN ORUINANCI: OF UW ('n~v COMMJS';I(>N Of HIE CITY OF DELRAY IlEt\CH. Fi.oR[J)A,
kf-.7..(>NINO ANr> "'I.ACING LAND I'Rf':'''ENTLY ZONl3Ll I (INDUSTRIAL) DISTRICT 11) MIC (MIXED
IN(1)Sl.RI..\1.. AND COMMERCIAl.) UISTRICT~ S.\lO LAND BEIN(; A PARCEL LOCA11!J) NORHI Of
THf; OLll TRAIN SrATION. BETWEEN 'fHt': CSXKAILR();\D AND 1-95. AS ""lORE PARTICULARLY
1lf';...'iCRI.UI!1) UEREIN; ^MnNDIN(~; ..Z9NJND MAP or OEL.RAY OEACII, nORlOi\.. MARCH~OO6-;
I'ROVIDING A GENERAL REN'...\l[:R CLAUSE, J\ SAVING CLAUSE. .-'ND AN l::.1'I'J:::CTIVE llAn::~.
01U))NAN<..... NO TI..06
AN ORmNANCI! or; nfE CITY COMMISSION or; THE CITY 01' DEI-RAY UE.\(.~H, FLORIDA.
t\MI.,NOING CltAPn,R HHl. -'NtJISANCJ.:S~. (JFTllt' CODe,; OF I.HH>IN,\NCES OF T1IEClTI Of" OH_R/\Y
nt:..\cl-t BY EN^Cl1NG /\ Nlrw SECTION 100.10, "IN"OIVIDUAI.I,Y Dt:,Sj(iN!\TED l'IISTORrc
S'TlU.iCnIlU5S ANn S"HollICnrRE8 I'N I-IIS"OR1C DISTRICTS", TO I~Ronll.urNEGu.:crOF SAMEANU
PROVl1>E A MEn--IOn HlR 1'.N"'ORCE.MEN1. TO Hf.l.P PREVENT DE1T:.RIORATrON OF SAME;
f'R.OVlDING ^ SAVINGS Cl.!\USE,. A GENl"R^L REPE^L.ER CLAUSE. AND AN I,FFECT1VI'. llATE.
OIU.lIN"NCt. Nn '1'-06
.-
AN ORDINAN<...E Of .,HE ern. <-'()MMI~SI()N ()t" THE CITY Ot. DB.RAY tll.i-A,Ctf. t'l.OKU>.<\.
"MENniNG CHl\pn~M :'>CJ. "RF-.CLAIMEIJ W!\l1,IC, Of" THE CODE Of' OROINANC.E.S 01: THE crN Of
I)EUt^YtU~...\cH. Uy AME~])INO SECTiON 59.119, -f't":F-S, RArl";S ANI) CHARGES-, TO Af)JUST Tim
WHc.lU::SAI.E CUSTOMER 8.,\1.1';; .PROVIDING ..\ S.<\VING CL:\USE. ^ GENERAL k.EI'C'\.LER CLAUSE
ANn AN EH.t:Cl1Vl~ IJA(1i.
nN:nINANCIo' Nfl 74.8fii
AN ORDlNAN('E 01' THE CI rv COMMISSION OF TI-n.'. CITY OF DEl.RAY UF.....\CH. fLORJOA
,'MENr>INCi .fHF. IANI) f>IWH.OpMENl' RFGt)I.ATIQto."S OF HIE con[~ or ORDINANCES 01' THE
CITY OF IX'J..RA\' UEACII. RL'LAtoTIN(j TO .1 HE CONCU1UlENCY MANAGl:5.MENT SYSTEM BY
ENACTING sr.C'nON I.t. .....lloPORnONATf J.'AlR-SI-fA'RE PR(X;RAM'"; ANT> rROVI1>rNG A GfNl~RA[
tt...;Pl:.AU::R CLAUSt'...A SAVINGS CLAtlSbANtlAN EFFf;CIIVf; DATE.
nlfnINA.NC,,' NO 7~16
AN OROfNA:-.iCl'. 0". nfE crrv COMMISSION 0.... 'nn: CITY OJ' DELRA" BEAC"tJ. .FLORIDA.
AMRNIlIN(l THE ('01>10 OF ORI)'IN,\NCES OF THI'. CITY 0(-1 nm.R,\Y REACH. fLORIOA, AMENOING
Sr::CnUN JS.c)fn. "R.F.TIRr~1-:NT IN<"OMF.;BAS1S. AMOllNl: AND p.'\YMEN'r. BY AMENI)fNG
SlfASEt.TION .'H.()I)1(M).. "Jl.."MLV RETIRFMflNT INCENTIVE", TO PROVIOE FOR CHA'N(TF;D F..UGUm.-
UY 'ITMIN(j, f'ROVII>lNG l\ GENERAL REPf..\L.ER eL,\11SF.., A S,'\VING CLAllSl: ANO AN Eff-'ECUVE
I.lAn:_
Pleast. he ao:f\.i:<.o:d th...t if a 11o::N,<m ,lcci..le.<: to) ..ppt.al :lilY <kcr.r.i... nllkk h)-' t~ ell)" Co~nm...",ion \l>j,h t'elIf),X( '''dny
maU.:rC\'II$idO:l'Td .llh"'ik: h.::ariJl~"" M.l<,:h p..~)f\ 1Ita)-'11Ctld k' ensure th;11 It n'1imlilll ret"nrd inchtt.lct< lh~ tctltimony
"00 (wKk-n.::.,. Ilptln ...hk!l tho:: IIpp:.1I1 is. tv hC' ba.wd The Cit)' dOl>!i 1~"Ol pm'llKlo:: 1I<'lr fJI"-'Pltl'\:' ,;ott;h ro::.:.on.I. l'lU'Mfant
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BOCA RATON Nf;WS:OEJ.RAY n"ACll NEWS
CITY OF Dl!LR.....YJ-JCACII
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MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITYMANAGER~
AGENDA ITEM # l o. H - REGULAR MEETING OF DECEMBER 5. 2006
ORDINANCE NO. 75-06
TO:
FROM:
DA1E:
DECEMBER 1,2006
This ordinance is before Commission for second reading to amend Chapter 35, "Employee Policies
and Benefits", of the Code of Ordinances by amending Subsection 35.097(M), "Early Retirement
Incentive", to provide for changed eligibility timing. This will give staff flexibility in timing the open
window to meet the needs of the City and its employees as is now allowed for the Police and Fire
Pension Plan.
At the first reading on November 21, 2006, the Commission passed Ordinance No. 75-06.
Recommend approval of Ordinance No. 75-06 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 7:'-06 Amend Sec.35.097 Subsection 35.067M Early Retirement Incentive 2nd Reading 12.05.06.doc
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
--'00 NW 1\1 AVENI I..' J)!!.RAY BEACH, FLORIDA 33444
TLL.EPIl()'\iE: 'ihl!:'LPli<)(!' FACSIMILE: 56[/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
F LOll I 0 II.
D*d
All-America City
, 1III ' DATE:
~ @ TO:
MEMORANDUM
November 15, 2006
1993
2001
City Commission
David Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Earlv Retirement Incentive
This Ordinance makes a change allowing persons who achieve 28 years of
service or age 58 with 10 years of service to be eligible for the early retirement
incentive if the qualifying events happen any time during the 60 days the incentive
is offered instead of prior to October 1 as was the previous requirement.
Please place this ordinance on the City Commission Agenda for November 21,
~QQ6!
Attachment
cc: Chevelle Nubin, City Clerk
12.G
ORDINANCE NO. 75-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS,
AMOUNT, AND PAYMENT', BY AMENDING SUBSECTION
35.097(M), "EARLY RETIREMENT INCENTIVE", TO PROVIDE
FOR CHANGED ELIGIBILITY TIMING, PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE
DATE.
NOW, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH AS FOLLOWS:
Section 1. That the Code of Ordinances, Section 35.097(M), "Early Retirement
Incentive", is hereby amended to read as follows:
(M) Early Retirement Incentive.
(1) Effective October 1, 2002, an early retirement incentive program shall be
provided in accordance with this Section. The availability of the early retirement incentive
in any plan year shall be determined by the City. The City shall provide all eligible
employees with at least thirty (30) days advance notice that the early retirement incentive
will be offered. The early retirement incentive program shall be voluntary for all eligible
employees.
(2) Employees who are one hundred (100) percent vested and within two (2)
years of their earliest normal retirement date 3t the beginning of the plan year in which
durinq the period that the early retirement incentive is offered shall be eligible for the early
retirement incentive. In 3ny pl3n year the period in which the early retirement incentive is
offered, eligible employees shall be given an opportunity to elect the early retirement
incentive within sixty (60) days following receipt of notice that the early retirement incentive
is being offered. The employee's election shall be made in writing on a form provided by
the City, and shall be irrevocable.
(3) Eligible employees who elect the early retirement incentive shall have their
retirement benefit calculated in accordance with Section 35.097(A), based on credited
service and final monthly compensation as of the last day of employment. There shall be
no actuarial reduction as defined in Section 35.097(B)(2). Employees who elect the early
retirement incentive shall immediately retire and terminate City employment.
(4) An employee who elects to receive the early retirement incentive under this
subsection cannot also participate in the Deferred Retirement Option Plan under Section
35.110.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof
other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2006.
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
2
ORD NO. 75-06
CITY OF DELRAY BEACH. FLORIDA
NOTICE OF PUBLIC HEARING
A PHOLlC Itfv\H..N(j ",'ill h.: Mid otl lttr (;)II()wing pt'.~1(~ ordinaJ1\.'e'1l .:It 7'00 n.m OR TI'F.SDAV
IN':CIF.~R ~ 1fMv. ur a1 aUy Ct.ncinuation IIf su~b tI1Ct'1iflg .....hi!:h is kt ~ tt.e CommissionJ. in dJoe City
C"",nnill!lion ChlllnlJe'f.'\, flXl N.W. t.. A.lirnut'. nelny B.l:Kh. flmida. ~l \"hkh lilllC 111.-. City Cmnank~",n \\-ill
I:lJlU;iJcr theiradup4ion. 1l~ PNl)O,)$cd ordinancC.'lIlli4Y I>c ill~lCdi1t rbe ()t1j(;e ufthe City Clerk at City flail 100
....W. hI ^v~nuc. [)elm)- Aell(:h. fk...il!ll. bel~1I1oo hOIlN. of-,U)(llun. IIlld S~OO p.m.. !\.1o.'Hld"y lJU'uugb ~lid"y.
cxct'pt holkin).... AU iuter.:$f(.'t! panics nne- im"iled tUllllo:nJ and h.: he:lrJ ",ith r~pe'O::I1o tlkl pn'p<>!;l:d (snfinancc:s.
1!IlnrNANcF N'n S~
AN OR['IN'ANCE or nn:: nn' COMMJSSJON OF TIlE (;ITY ot' I>H.RAY UE."'CH, FI,ORIllA,
,\MENUiNG nmr;UTURE LAND USE M:\I" OESIGNA1l0N AS COWI'^INl:U IN Tlit: COMPRUU:NSIVE
Pl....'-N FR(~t CF (COMMUNITY FAOl.I1W..")); TO [,0 (LOW DENSITY RESIDENTIAL 0-5 IX!/Aq~
EI.f.CnNG ro Pft(X'1-:.EJ> \JNl>ER THE SINGLE Itl:ARING AIXWI10N PHJX'ESS j-"()R SM..\I;L Sc.;\LE
I.ANn llSE. PLAN AMF-NI.>MENTS: AND RE7..0NING AND PLACING L,'NO MtnSf.NTLY 7..oNEO ef
lCOMMUNITY r^(,U.JTIES~ TO R.I.AA fSINGIJ: FAMIl.Y RESH>f.:NTrALl DISTRICT: SAm l.ANQ
HEINO A J'^RCEL 01' '-AND U.x'AI'EO I:!S f'ERl SOUTH OF SHERWOOD 80ULEVARD, M'PROXI.
MATJ;J,V 650 n~f;r H,'\ST OF MflJTARY TRAIL, A..~ MORE PAR"nCI JLARI.Y f)fSCRIIK'D HmU:JN;
;\Mt'-.:NDING ";(..()NING MAio' <)I: l>EUMY BE.'\CI-I. FlORllM. P\.I!\RCI' 2()()(j"': PRO\lIDlNG ^ GENERAL
R[PI~AI.ER CI.."lJSE. A SAVING CI.Al!SL ANrJ AN erFECTIVE DArE.
OROINANCF. NO 6S--Ofi
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AN ORUfNANCI-: 01. "U1b CITY COMMISSION OF TIfE ellS OF OELRAY Bt-.:.ACI-I. fLORIDA,
AMENI>fNG ORD1N,\NCr. 34--06 BY AMENDING SEcnON37.4.5, '-SUPP[.EMEN'"I~'\LC()[)f~ EN...ottCF...
MEN'r PJt,.tX:L-..I.>VMF.g-" SlIHSf-XTION (l.)).. "t.'IVIL I'ENAI~I'IES-. BY REMOVINlj THE R.EFERENCE TO
S}X:'TION 9X.OK. '"'LfrmR TN PARKS"'.AMENI>ING THE PEN.....Uy .....MOljj\,i. rOR (X)(,S ON 'On:: DEACU
ANI) SK.'~I;rEBOi\RmNG ANO AlllJlNc,.; ^ NEW "EN?UTY fOR ~VEHIt"U:.S ON THE IU:'.A'.H" AN1)
'"GARBAGE Sp.WMa:, AND OTIU:R v.~\sn: MATERll\LS'; PROVIDING ^ GENER.....L REPI~U:R
(:!-AlISE,. ,\ SAVING CLAUSE AND AN U....J;:CTIVE DATE.
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ON:nIN'\NC'l' Nn 6t....u.:
AN OKI>iNANCE OF HIE CITY c..X)MMISSION OF .nH-: CITY Of DEI.RAY IUU\CH. nORIDA,
REPF.AUNG SECTION 9$.09. "JJ'rrf.R IN P^"RK~'" ^NDAMFNI)ING CHAPTER 11)1" ...r.....RKS.I\E^CHFS
AND MECJtf.ATION. OENh"'RAl. PROVIS10NS"'.IiY AMbN[)ING SlK'TION 1()I,ll. ,,(iAlUi'\(i~. Sf-WAGt::,
ANIl orHf.R-WAsn~ MATERIAV~". '10 READ ""(jARHAGE, TR....SH. LITTER, SEWA.t.;t:'- AND orHER
WASTI: MA1F..RIALS"', BY AMF..NOINO SlIS}-;CTION 10 1.17{A), TO S"JRENmrn{t-':N PROJ.nOITIONS ON
Ul.n;;HING ON THP. MUNICU'AL B":ACf-I, Rf.CREATI()NAL. FAClUTIF.S AND P1J8UC- PARkS~ AND flY
ENACTIN(. A NEW SlIBSECTION I0L16, "'Af)DfflONA]. RlfJ,ES APPLYING TO CI.TY P^RKS,
Rr.;('REAn()N F^Cluni:..'i AND TI-m MllNICIPAJ.. OE.....CU-. TO PROVU>E FOTt ^DDlnONAL RUL.t~S
Wl-lICtt INCLUOt:S APROHJDJTION ON s.."\fOKING INC[RT~'I.N AR.[-.l\S OF THf:.. Br......CII. nlAT CAN DE
ENfOReB) BY ISSUfNG CIVIL Cl'rAnONS IN ADDITION TO OTHER REMEDIES. PROVIDING A
r;[NERAL RF;Pf.ALER CI,..AUSF, A S.....VIHOS CI.AI)!;[ .4.ND AN F.HECTIVF. OATf.'..
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AN ORllIN^NCE Of" THE CITY COMMISSION OF THE CITY (,IF Df:.LRAY OF..ACH, H..oJU[)A,
ANNI!XING TO nll:: CITY OF DElRAY 8EACII, ^ P.\RCI:I. 01' LAND 1.(KA1TD ON 'rrm SOU1HSJDE
Of I :'.lRO ROAU,. 640 PEEl' WESTOF FMRWlCK RO;\U, ,\N() AJ>1>ROXIMATF1.Y 1/100 ff,:J:;T NOR""nt Of"
l-AKE lI)A RO....O. AS 111E SAME IS MORE PARTICt.JLARLV D[S('RIB(':O HERHN. WfUCl1 lAND IS
CONT1C;{)O(I$ '10 1lIE EXISTTNOMUNI("[PAt. -L1MITS; Rl~D[;FINING HI[ B()ljNDARI"ESOF1HE CITY
TO INCLlH)1.'. S,'\ID LAND; PftOVi[}ING FOR TIlE ItIGH1'S AND ORLlG_<\1"lO,"",S OF 5.'\ID J-AND:
PROVlPlNG FOR n~E ZONING nmREOf<" TO ItM.k (MEDIUM IlENSIT'r' Rf.SJI)ENTI,'\L ._ fl uNrrs PBR
hCRg): I'ROVIUING- AGENF.:R^L REI'BAl.Eft C:I.,'\I.:SE. ASA\'INCi CLAl.iSL.AND AN El:f'F;C'"IIVE OAT.E.
A GUlp (lll-.t j() scale) dq1icting lite ~1l1 kxatKm nf the pwpcUy 1.1 he .l!IuheKCd i;; ;;oo"'n hel..\\!. A eomplek h::QlII
dt'SCrip<ion hy kll. tlnd ~bd.i,,'ill.i[iA a,tdfor m..:U:li alld OOllllds..II"id ;, (:01':0' i)frh... ordimulC(: htTCin alll.Wo named call be-
utcain",,1 fru", tll&~ OfffOC; ofd~ City CIeri." Ciiy I-tltll. 100 N. W. 1st A~..,.IU~', Delra:o- beach. Flotida,
U"nrN"-NCIi"_NO 7t-Ol.
AN (mnINt\NCE OF THt" en" COMMI6.'iIUN OF HIE ern' Of l>ELRAV OrcA-CIi, FLOR[I)A,
Rt.:ZONJNO AND PLACING I.AND "RESf.NTLY ZONED I (INDUSTR.I....L) D1SllUCT'10 MIC (MIXED
IN[)US,1RIAI. ANI) ('t)MbfI'.RClAL) UISTRL('T; SAil) LAND HFlNG i\ PARCEL 1..0CAll~D NORTIl or
n.11::: OU.l TKAIN STATION. BETWEb"N HiE CSX RAILROAD ,\ND 1-95. ,\S MORE PARTICUL.-\RLY
lJfSCRIUlm UImmN; ;\MENDJNt'"j "ZONING MAP O(l DEl.R^Y I3EACI-l, fLORlD,\, M..J,RCH 200f"':'~
PJ(UVIUING /\ GENERAl.REPEJ\LER CLAUS!:::,"'\ SAVING CLAl.;SE. AND AN Ef'I'ECTIVE D_4.TE.
OJ.l.I>INANC.... flri(k- 71_06
AN Okr>rNANCI! OF THE CITY COMMISSION' or: THE CITY 01' [}'f;I.RAY HE.'CH,. n.OJUDA.
^Mt'iN[)IN(~ CltAPn:;R /(N), '.NUISANCES'.. 01'1'11['. (::O{)[,; or: OJ(mN.o\NCl'..~ OF HIE CI1"\" Of" fJ1.:1..RAY
np...'\CH flV f:!'MC'TING ,'\ NEW SEe'1I0N 100,10. ~1l'\1)IVrrnJALLY DESJ(iN:'\TEO m~aURrc
STMUCn.lRFS AND STklK.'ltiRE8 IN HISTORIC {JfSTNICTS'", TO PROHlUITNEGu:cror SAMEANO
PROVIDE ^ MKnlon H)R ENlI0R('l{lvlliN1' TO HEl.P I'REVRNT [lETf':.RIOR^TI()N OF S.'\Mr.-.:
PROVlOING A S,",VINGS Cl.AUSE, A G'~Nl::R^L REPEAl.ER C[..",USE. ANU ^N [;ffECnVF. DATE
(}"UINANCIi' NO 71_l"J6
AN OKl.>tNANCE ()to' HIE 'Tn' COMMIS.'iION Of' l"Ht:-: CITY Of l)~j.RAY UEACtt. 1'1.0IUI>A.
,\Mf.,NDIN('; CHAi>1'ER 59. "K'l.('L.'\IMI:;U w.'\n,w..', OF THE com!. OF ORIJINl\NCF~" 01: THE erN Of
1JF.I.I{AY KEACH. BY AMENDING SEcnON 59,(i'J. ~Ft:ES. RAJ:1'5 AND CH.i\RGIS'. T(): Al>JUSe nm
WHOU'J:S;,\l.F. COSTOMEH R?'l'f~ PROVJLlING?\ S,WING CL,'\tfSE. ^ GENERAL J.lEI'1:'......LER ('L.,-USa::;
ANI) AN L':I+I-iC101V1; !JACK
..-
ON:ll1NA.N('1i' NO 74-06
AN C)IU)lN.....NCI~ Of HIE CITY COMMISSION OF ll-IE CITY 01' DEI.RAY BEACH, fUJMJDA
AMENOIN(j THE 'I.AND ()f'.VEtOPMl:.'NT RHilJl_ATION~ OF TUr.: ("01)1-: OF ORnINAN('['.s 01' 'I1~F.
ClT\. OF OELRAY UEM.'H. Kl:L....TIN(j TO '11tE CONCURRENCY MANMjEMENT SY"ST6M BV
J':NAC'nN(i SEcnON &.fo ""PROPORnONA.TE FAIR-SHARI~ PROGRAM'.; AND PROVIDING ^ Of:NERAL
RI-:P[~^I.ER CLAUSE. ^ SAVINGS n.....\tJSbr'\.ND AN EH1'-l:TIVf; DAlE
OIU)IN "'-NC'" NO 7!1i-06
AN ORf)fN^~CE OF nlE CrTY COMMISSiON OJ' .ntE CJTY Of' Of-UtA\' BEACl-l.FLORIUA.
^Mf.NnJN(, THE (''(>I)}' ()f OROfNANCF_S OF THf. CITY Of-' OF.I.R,,\Y RE^CH, Ff.ORIDA. AMENntNG
SB:_~n()N H,o'n, "R.l-;nREMy.NT rN<.'OME; lV\SIS, ~'\MOltNl: ANU PAYMENr. BY AMENDING
~UJlSE<''''ION .1'i.OV7(M). "f'.ARI_.Y RF.TtRF:\tICNT INCf'N'nvf':'" TO PR(JVIDF: FOR CHANOF.J) F.I_IG18II._
HY 'J1MIN(i. I'ROVJl>1NG ^ GENERAL REPt:AI.ER CLAlJSP.. A SAVING CLAUS1-: ANI> .<\N t:;pj-'ECTfVE
DATE.
J'1ea"... ~ ",hi~..1 tb:11 if IlI>CN.olfl,lccidt:~ l<' ""peal ~ydccr.i,-,., ~ h)' ,Jk, Cit~ el'lnl,Jtt,.;~ioll ,,"'jT'" 1'NJ>CCt fO llf'I)
lII:aUe-r cl'n~idcn:J II' these h..,aring.'I;, t;tli,;h pcr.;on nl1t). ,ICed k' ensun:: lI~lt lIl'f.-rbatilll I"<.-"<:'onl ilJCh.ldl:"s lbe lC't;til:llOUY
IU"J ",..idt-,k:1: "po."" ....hi..'11 riM: i1Pl"""al i.. To be based Tbe Cil)' dOle,", ,...... pm..i<ic '''''If P'''''-P'''~ !'u<chn.'C<'}nl. Pua-r.oallT
luES. :28(>,0105
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(4(K^ KATnN ,'.a,WS!{)f,I.KAY HEAOI NEWS
CITY or: OELR..60Y BEACtl
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MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITYMANAGER~
AGENDA ITEM # )0. I- REGULAR MEETING OF DECEMBER 5. 2006
ORDINANCE NO. 65-06
TO:
FROM:
DATE:
DECEMBER 1, 2006
This ordinance is before Commission for second reading to amend Ordinance No. 34-06 of the Code
of Ordinances by amending Section 37.45, "Supplemental Code Enforcement Procedures",
Subsection (Q), "Civil Penalties", by removing the reference to Section 98.08, "Litter In Parks",
amending the penalty amount for dogs on the beach and skateboarding and adding a new penalty for
''Vehicles On The Beach" and "Garbage, Sewage, and Other Waste Materials".
At the first reading on November 21, 2006, the Commission passed Ordinance No. 65-06.
Recommend approval of Ordinance No. 65-06 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 65-06 Civil Penalties 2nd Reading 1205.06.doc
"-~
[IT' DF DElRAY IEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVEI\U:' DFLRAY BEACH. FLORIDA 33444
TELEPHONE: 561/:,-+,7Ii'10' FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
f lOR I 0 ^
b.8&II
All-America City
, III I! DATE:
1993
2001
MEMORANDUM
November 15, 2006
TO:
City Commission
David Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT:
Ordinance No. 65-06 - Fines
This ordinance provides on Page 5 a $100 dollar penalty for all violations of
Section 101 concerning Park Rules, except Section 101.27(B) and 101.36(E)1,
which govern pets, requires a $50 dollar fine.
The ordinance also changes the words "Occupational License Tax" to "Business
Tax" to conform to state law.
Please place this ordinance on the City Commission agenda for November 21,
2006 for first reading.
~
cc: Doug Smith, Assistant City Manager
Lula Butler, Community Improvement Director
Chief Schroeder, Delray Beach Police Department
Captain Craig Hartman, Delray Beach Police Department
Joe Weldon, Director of Parks and Recreation
/2.#
ORDINANCE NO. 65-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING ORDINANCE 34-06 BY
AMENDING SECTION 37.45, "SUPPLEMENTAL CODE
ENFORCEMENT PROCEDURES", SUBSECTION (Q), "CIVIL
PENALTIES", BY REMOVING THE REFERENCE TO SECTION
98.08, "LITTER IN PARKS", AMENDING THE PENALTY AMOUNT
FOR DOGS ON THE BEACH AND SKATEBOARDING AND
ADDING A NEW PENALTY FOR "VEHICLES ON THE BEACH"
AND "GARBAGE, SEWAGE, AND OTHER WASTE MATERIALS";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, Section 37.45 of the Code of Ordinances of the City of Delray Beach, Florida, was
established to provide for procedures for supplemental code enforcement procedures in accordance with
Chapter 162, Florida Statutes; and
WHEREAS, the City Commission desires to clarify the penalties for certain violations of the City's
ordinances.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section I. That Ordinance 34-06, amending Section 37.45 of the Code of Ordinances of the
City of Delray Beach, Subsection (Q), "Civil Penalties", shall be amended as follows:
(0) Civil Penalties:
Code
Section
Description of Violation
Civil Penalty
Non-Contested Contested
CITY CODE OF ORDINANCES
GARBAGE AND TRASH
51.22
51.23
51.35 - 51.40
Dumping on private property is prohibited
Garbage placed in containers
Removal of building materials-
owner's responsibility
Vegetative waste collection
Bulk trash collection
Required and approved trash containers,
$200
$150
$275
$225
51.02
51.03
51.20 (A) and (B)
$100
$100
$100
$175
$175
$175
roll-offs, maintenance, replacement $100 $175
51.41 - 51.44 Garbage preparation; use of containers $ 50 $125
51.45 Construction receptacles $150 $225
51.55 - 51.59 Special refuse; recycling $100 $175
All other violations of Section 51 $100 $175
ABANDONED PROPERTY JUNK, TRASH & DEBRIS
90.02 Allowing wrecked, dismantled, unlicensed or
inoperable vehicles or vessels on public property $150 $225
90.03 Allowing wrecked, dismantled, unlicensed,
inoperable vehicles or vessels on private property $150 $225
90.07 Allowing repair work outside an enclosed
building; storage of dismantled vehicles $150 $225
90.16 Operating junk yard without obtaining
required permits $250 $325
All other Section 90 violations $100 $175
FIRE SAFETY
96.02 Inspection required $100 $175
96.04 Open burning prohibited $200 $275
96.05 (c) Objects within 5' of fire hydrant $150 $225
96.08 (B) (C) Storage, discharge or release of
hazardous wastes $100 $150
96.16 Adoption ofN.F.P.A. - any other violation
ofN.F.P.A. $150 $225
GARBAGEONPRfVATEPROPERTY
98.03 (A) Unlawful deposit of garbage $150 $225
98.03 (B) Unlawful accumulation of garbage $150 $225
LITTER ON PRIVATE PROPERTY
98.04 (A) Unlawful deposit of litter $150 $225
98.04 (B) Unlawful existence of litter $150 $225
98.04 (C) Property to remain free of litter $150 $225
LITTER ON BUSINESS
98.05 (A) Unlawful deposit of litter in business $150 $225
2
ORD NO. 65-06
98.05 (B) Unlawful existence of litter in business $150 $225
LITTER IN PUBLIC PLACE
98.06 Unlawful to throw or deposit litter in a public
place $250 $325
LITTER ON STREET
98.07 (A) Unlawful deposit of litter on sidewalk, parking
area, right-of-way or street $250 $325
98.07 (B) Unlawful existence of litter on sidewalk, parking
area, right-of-way, or street $150 $225
LITTER ON VACANT LOTS
98.08 (A) Unlawful deposit oflitter on private property $150 $225
98.08 (B) Unlawful existence of litter on private property $150 $225
LITTER IN PARKS
98.09 Unlawful deposit of litter il'l parks $150 $225
LITTER IN WATER
98.10 Unlawful to deposit litter in water $150 $225
98.20 Unlawful to throw or scatter litter on street,
sidewalk, alley, public or private property $150 $225
THROWING LITTER FROM VEHICLES
98.21 Unlawful for driver or passenger to throw or
deposit litter on any street, public place, or
private property $150 $225
VEHICLES TRANSPORTING REFUSE OR LOOSE MATERIALS
98.22 (A) Loose materials blowing or dropping
from vehicles $200 $275
98.22 (C) Required water tight vehicle to prevent
odors and spillage $250 $325
3
ORD NO. 65-06
98.23 Unlawful dropping litter from aircraft $250 $325
98.23 (A) Waste tire dumpster required to register $250 $325
98.23 (B) License required for waste tire collection $250 $325
98.23 (C) (1) Transporting tires without license $250 $325
98.23 (C) (2) Giving false identification $100 $175
98.23 (C) (3) Unlawful subcontracting $200 $275
All other sections of Chapter 98 $100 $175
NOISE CONTROL
99.03 It shall be unlawful for any person to make,
continue, or cause to made any noise disturbance $150 $225
99.04 (1) It shall be unlawful to permit to be played any
radio, musical instrument, phonograph, or other
device used to produce sound that for purposes
of entertainment
a. If the noise source is located within an
automobile, in or on a public access area
and can be heard 50' from the source,
or 100' if within a building $200 $275
b. If the sound violates the decibel level
established by ordinance $200 $275
99.04 (2) Loud speakers/Public address systems $200 $275
99.05 Sound levels by land use $200 $275
All other violations of Sec. 99 $150 $225
GENERAL REGULATIONS
100.01 (A)(1) Unlawful existence of weeds, undergrowth, brush
trash or garbage on property $150 $225
100.01 (A)(2) Unlawful existence of weeds, grass, plant life
over 12" high $150 $225
100.01 (A)(3) Unlawful existence of vegetative trash mixed
wi th other refuse $150 $225
100.01 (A)(4) Unlawful accumulations of bulky, heavy,
unbundled or uncontainerized items $150 $225
100.01 (B) The existence of vegetation trees and shrubs
that impairs traffic safety is prohibited $250 $325
100.01 (C) The existence of any vegetation, trees or shrubs
that interferes with street lights, signs, sidewalks
or other public improvements is prohibited $200 $275
100.01 (D) The adjoining public right-of-way must be
4
ORD NO. 65-06
100.01 (E)
100.02
100.03
100.04
100.05 (A) (B)
100.06 (A) (B)
100.07 (A)
100.07 (B)
maintained
Pyramid or similar type markers are prohibited
Unlawful debris, vegetation, high or structure on
property which may create a hazard in times
of hurricane
Unlawful accumulation of sand, rock, debris,
or spoil on lot
Seawall repair is required on all properties
adjacent to sand, stream, or body of water
Unlawful to maintain standing water where
mosquitoes may breed
Unlawful excavation which is in dangerous or
unsafe condition; declared a nuisance
Any portion of a lot not covered with a building,
structure, parking area, or walkway shall be
sodded or covered with appropriate ground
cover
All landscape materials shall be maintained in
a healthy condition
EXTERIOR BUILDING WALLS
100.08 (A)
$150
$150
$225
$225
$250
$325
$100
$175
$150
$225
$150
$225
$250
$325
$100
$175
$100
$175
All building walls shall be maintained in a secure
and attractive manner. All defective material shall
be repaired. All loose materials, cornices, trim
and window frames shall not be deteriorated,
shall be structurally sound, and exposed materials
shall be painted. $100
$175
DOCS PETS ON THE BEACH. PARKS OR RECREATIONAL FACILITIES
All sections of Chapter 101 except 101.27(B) and 101.36(E)(1)
101.27 (B)
10 1.36 (E)ill
$100
$175
No person shall bring into any park or municipal
beach site, any cat, dog or other animal without
a permit from the Parks and Recreation Department $-l-OO ~~ $125
No person shall bring into any recreational facility
any cat. dog. or other animal. $ 50
5
$125
ORD NO. 65-06
STREETS AND SIDEWALKS - CONSTRUCTION, EXCA V A TION, AND REPAIR
102.01 (A) (B)
102.17
102.20
102.40
102.42
102.43
102.44
102.46
Construction in right-of-way (permit required)
Construction on street (permit required)
Construction standards for public r-o-w
Standards for movable newsracks
Certificate of compliance for newsrack
Newsrack standards
Prohibited locations/site triangle requirement
Abandonment
All other violations of Sec. 102
$100
$100
$100
$100
$ 50
$100
$250
$150
$100
OCCUPATIONf..L LICENSE LOCAL BUSINESS TAX RECEIPT
$175
$175
$175
$175
$125
$175
$325
$225
$175
110.02 Oecupatioawlicease Local Business Tax Receipt
required $100 $175
110.08 State license required $100 $175
110.113 Commercial vehicles - required name (4")
to be displayed $100 $175
110.116 Failure to get pre-inspection required for
new business $ 75 $150
All other violations of Section 110 $100 $175
ALARMS
112.21
112.23
112.26
112.27
Failure to get alarm registration
Failure to display alarm decal
Failure to respond/verify alarm malfunction
Multiple malfunction violations
1st offense
2nd offense
3 rd offense
4th offense
All other violations of Section 112
HANDBILLS/SOLICITING
$ 50
$ 50
$ 75
$ 0
$ 0
$ 0
$ 25
$100
$125
$125
$150
$ 0
$ 0
$ 0
$ 50
$175
118.02 Unlawful distribution of handbills $100 $175
118.03 Unlawful soliciting and peddling $100 $175
118.06 Failure to obtain aft oeeapatioftal License
pav a business tax for soliciting $100 $175
All other violations for Section 118 $100 $175
6
ORD NO. 65-06
SKATEBOARDING
132.09
Unlawful skateboarding/roller skating on sidewalk
along Atlantic Avenue between State Road A-I-A
and 1-95 $-lOO~~$100
All other sections of City Code not mentioned
4.3.2 (A) - (C)
4.3.3 (A) - (2)
4.3.4 (A) - (K)
4.4.2 - 4.4.28
SIGNS
4.6.7 (D)(2)
4.6.7 (E)(I)
4.6.7 (F)
4.6.7 (1)
LIGHTING
4.6.8 (A)(I)-(4)
CITY LAND DEVELOPMENT REGULATIONS
Use Determination - Allowed and
incompatible uses
Special UsesIDistrict Regulations
Development Standards
Setbacks; lot coverage; density; zoning matrix
Permitted Uses
Garish signs
Permits required for signs
Sign area, height, setbacks
Prohibited signs
All other violations of Section 4.6.7
Lighting requirements, height, lighting
illumination standards
7
$100
$175
$200
$200
$275
$275
$100
$250
$175
$325
$100
$100
$100
$150
$100
$175
$175
$175
$225
$175
$100
$175
ORD NO. 65-06
PARKING
4.6.9 (B)(1)-(5) Parking required $150 $225
4.6.9 (C) (1) Parking design $150 $225
4.6.9 (C) (2) Residential uses (spaces req'd)
(a) Single family $ 50 $125
(b) Duplexes $ 75 $150
(c) Mulit-family $100 $175
(d) Guest parking $ 50 $125
4.6.9 (C) (3) Commercial uses $150 $225
4.6.9 (C) (4) Office uses $150 $225
4.6.9 (C) (5) Industrial uses $150 $225
4.6.9 (C) (6) Recreational/Community Facilities $150 $225
All other violations of Section 4.6.9 $150 $225
4.6.10 Off loading requirements $150 $225
4.6.11 Outside storage of materials, supplies, products,
and vehicles shall only be allowed if specified
in the district $250 $325
4.6.13 (A) Parking and storage of commercial vehicles,
boats, trucks, and similar vehicles in a
residential district $250 $325
4.6.13 (B) Truck parking - residential zones - prohibited
boat, trailer, RV storage in residential zones $250 $325
4.6.14 Site triangle visibility of intersections $250 $325
4.6.15 Pool enclosures, requirements $250 $325
LANDSCAPING
4.6.16 (A) General requirements $100 $175
4.6.16 (B) Applicability $100 $175
4.6.16 (C) Compliance, review $100 $175
4.6.16 (D) Site plan requirements $150 $225
4.6.16 (E) Design standards $100 $175
4.6.16 (F) Irrigation requirements $100 $175
4.6.16 (G) Prohibited species $150 $225
4.6.16 (H) Minimum requirements
(1) Single Family (new) $ 50 $125
(2) Duplex (new) $ 75 $150
(3) Multi-Family, Commercial,
Industrial (new) $150 $225
(4) Multi-Family, Duplex, Commercial,
and Industrial (existing) $100 $175
8
ORD NO. 65-06
(5) Sight distance req'd (ref. sec. 4.6.14) $250 $325
4.6.16 (I) Minimum requirements
(1) General $100 $175
(2) Pruninglhatracking $200 $275
4.6.17 Soil erosion (all sections) $100 $175
5.1 Subdivision Regulations (all sections) $100 $175
5.3 Right of Way Dedication (all sections) $100 $175
WORK IN PUBLIC RIGHT-OF-WAY
6.3.2 Permit required for work in public right-of-way $100 $175
SIDEWALK CAFE REQUIREMENTS
6.3.3 (A) Permit required $100 $175
6.3.3 (F) Design Guidelines
6.3.3 (F) (1) - (13) Path of egress, no table zones, hours of
operation, cleanliness, etc. $150 $225
BUILDING REGULATIONS
7.1.2 Required plans and permit $100 $175
7.1.3 Florida Building Code (all sections) $100 $175
7.1.3 (B)(1 )-(4) Florida Building Code Standards $100 $175
7.1.4 Property Maintenances; Building Standards
7.1.4 (C) (1) Buildings $150 $225
(a)(b) Safety $150 $225
7.1.4 (C) (2) Debris/Storage on partially vacant lot $150 $225
7.1.4 (D) (1) Hurricane precautions
(a) Required canvas awnings,
tents to be removed $150 $225
(b) Construction materials to be secured $250 $325
(c) Outdoor furniture and materials
to be secured $250 $325
7.1.4 (D) (2) (b) Required repairs after hurricane
(unsafe structure) $250 $325
7.1.5 (B) (1) (2) Required numbers on buildings $100 $175
7.1.5 (C) Required display and size of numbers -
visible from street $ 50 $125
7.1.7 Seawalls required to be in good repair $100 $150
9
ORD NO. 65-06
ELECTRICAL CODE
7.2.1 (A) (1) (2) Required electrician for work $100 $175
7.2.1 (A)(1)(3) Required sign electrician for work $100 $175
7.2.1 (B) National E1ec. Code and National Fire Code
adopted by reference violations $100 $175
7.2.1 (C) Allowing another person to obtain permit or
do work under your license $200 $275
7.2.2 (A) (1) (2)
and (3) Required plans and installation methods $100 $175
7.2.2 (B) Concealing work before final $150 $225
7.2.2 (C) Using non-approved apparatus/fixtures $200 $275
7.2.5 (C) Interfering with enforcement $150 $225
All other Section 7 violations $100 $175
BUILDING MAINTENANCE
7.8.3 Buildings shall be maintained by Owner $100 $175
STANDARD HOUSING CODE THROUGH LDR SECTIONS 7.4.1 AND 7.8.3
101.4.1 - 101.4.4 Repairs required on existing buildings $100 $175
101.6 Maintenance of buildings; safeguards;
owner responsible $100 $175
103.2 Unsafe residential buildings to be repaired or
demolished $250 $325
301 Occupying or allowing occupation of a
substandard building $150 $225
302.1 - 302.4 Required sanitary & plumbing facilities $100 $175
302.5.1 - 302.5.6 Required heating facilities $100 $175
302.6 Required kitchen facilities $100 $175
303.1 Required windows $100 $175
303.2 Required ventilation $100 $175
303.3 Required bathroom ventilation $100 $175
303.4 Required electrical outlets $100 $175
305.1 - 305.23.2 Doors, windows and screen requirements $100 $175
306.1 - 306.4 Minimum space requirements $100 $175
307.1 - 307.6 Sanitation requirements for multi-family $150 $225
308.1 - 308.7 Rooming house requirements $150 $225
309.1 - 309.6 Dangerous dwellings $250 $325
All other sections of Standard Housing Code
not mentioned $100 $175
10
ORD NO. 65-06
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part
declared invalid.
Section 3.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
Section 4.
reading.
That this ordinance shall become effective upon its passage on second and final
PASSED AND ADOPTED in regular session on second and final reading on this the
,2006.
day
of
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
11
ORD NO. 65-06
CITY OF DEL RAY BEACH. FLORIDA
NOTICE OF PUBLIC HEARING
^ f'UBUC tIEAM.IN(j ",ill ~ Mid Otl I~ 1.)llnwing pr''llo:JSed nrdiMncn :at 7,00 n m n. TI'~SDAV
nv.CI1:M:RF.R ~ '7(NatIo IIr ~ an,} C4"ltinulItiOll <If su.:b lnt't1.illg whil:h is $el by tile Commission\, in the Ci1)'
ConJmhl,ion Ch.1ml}('u.. 100 N.W. h;l AWJluc. f.)elr.~ B.\''lCh. I'Io"lri<b. n! which lilllC lbo} Cily Comm",!l'k'oo ",ill
~1Jm;id.::rthrir3dl;lpl:ion. Thcpr..ll)I.)SCd Ofdinanc0:5llIaytoe ill'lpC('tOOallh<e()tlict'nflhc-Cit)'CI~ ftI CilY Hall. IOU
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ORUfNANCF.: NO ~-Ofi
AN ORDINANCE or nn: (-ny COMMJSSJON or THE elT" or f>El.R,W nE..-'\<.'H, 1"1..ORIDA.
i\t..U;;NUING nlE nrnJRE LAND use MAP OESIGN.'\TlON AS CONTAINED IN "nil: COMPRGUENSIVE
PLAN "ROM CF (COMMVNIlY fACILITIES); TO Ul (LOW Df;:NSITI' RF.S]llF.NTI~\L 0.5 f)WAC);
EI.ECUNG IU t>R<-X'Y.ED UNDIiR TilE SINGU: Hl-:AR(NG AIXWIlON t>JHX'ESS r'OK SMALl. SCALE
1.AN!) USE PL.AN AMF.NllMtN1'S; ,\NI.) Kf..:ZONlN(; .,""Nn PLACING ,--"NO PRfiSl'.NTLV 7..oNED CF
tCOMMUNrlY fA('[UnESt. TO K-I."A {SING1.l: FAMILY RI::.smt~T[^l.) [)IS1'RIC1'; S..t.lU L.ANQ
ltL'.lN(,:j ^ J'^RCEL Of' LAND U:X.'l\TEU l:!S FEET SOUTH OF SHERWOOD BOIJLEVARU. ^PPROXl-
MA1U.V (iSO n~r-;r r...\ST OF MUJTAIW TRAIL, .<\,,0;; MOR[ (>AR"IlCUI.ARLY DESCRIBED IIP.RI::.JN;
~\Ml::NDlNG ....1'.()NING MAP or I)(;:LRAV BI::.'\CI-I, 1'l_ORlll,\. f\.MRCl-l 2006"; PROVID1NG A <JENE-RAL
R[~PEAL.ER CLAUSE, A SAVJNG ClAUSE. A.ND AN rr_FECTlVE DAn:::.
ORDINANCF. NO 6!Ut6
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MENT PJUX:1-.11IJRhS". SlIBSECTION (v)., "CIVIL I'ENl,LIH~S". 8)' Rf.'J\.-10\lINGIl-IE REFERf;NCE"I"O
SF.C110N 9H.Olt. Ml.rrrF.R IN PARKS". AMENDING HIE PEN.'\I.TY .'\MOlJt>o'" rOR [XXlSON nJl:: BEACH
ANI.) SKI\TEBOARDlN(:; ANn ~\l>DIN{i /\ NEW ~ENAI.:r\' "'OR -VEH1CI._ES ON THE HI:'.^CH" ANO
"GARtM,GE. St!WM:a:. AND OTIfER WAsn: MATERI.<'\I..S-: PROVIDING A GENER.'\.I. REPHAU-oR
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REPEAl.INf.i Sf,TTION ~}&.lW. M'J'rrER IN PARKS" ANDAMhNtllNO CHAPTf.R U)I. "r."RK.'i. HF..ACHES
AND RECJU~AnON. m-:Sf!RALPROVISJONS"'. BY ,\MI.iNDING SHGIlON 101.17. "'<.jARlJAGF..,St.'WA<H:,
ANn Ol'Hf'.R WAsn'. Mi\TERI."-JS', -10 REAl) "GARBAGE, TRASH, L1TrF..R.Sf:WAr;F~ AND OTHER
WASTr, MATERIAl.S'-, RY,AMENUINfl StlSECTION 1I11.17(A). TO S-JRf::NGUnIEN PRoumn"ONS ON
l.rnl"'.KING ON TilE Mt ~NlCIPAt. RF.ACH. Rf.CHFA.TlONAI., FAClUTIFS ,\ND ~tJauc PARkS. AND BY
ENACTINC1 A NEW SUBSECTION 10136. "ADDtTJONAl. RllJ..E!'I ."PPI..YING TO (''-IT PARKS.
KECREArl0N FACll-rnts ANI) HIE MUNICIPAI_. DE...CU-, TO PROVIDE FOR ^l.lDlTfONAL Rut.HI,;
WHlCtt lNCLVOt::SAPROllJDlTION ON SMOKING INC[RT;\lN -,,&f...\5 Of THE BE"..,""Ctl, nlATCAN Rn
EN....ORCF.n In' ISSUrN(j CIVIL CrrA"nONs IN ADD/nON TO OTHER Rf'.MH>If.S. "RQVIUING' A
GfNERAl REPf.....U:.R CLAUSE:,..\ S.,""VtNGS CLAUSE AND A'" F..HTC"T1VF. CMTf.,
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AN ORlllNANCB 0'" lliE CrfV COMMISSION 0.' THE CITY OF I.>EI.-RAY fU':ACH. 'FI.oRIJ.'lA,
ANNRXING 1'0 nll::: crrv OF ])[LRAY BEAl'l I, ArMKEL 01' 1."''''1> I.<X'A"rr,o ON 'rne SOU1HSIDE
Of' 1~'.lRDROAf),640 fEET WEST OF FMRW1CK ROAD,;\ND^PP'ROXfM.<\Tl:'.l.Y 1,400 J'F..ET NORTIt OF
IAKH lOA R.O."I.D. ..\5 TilE SAME IS MORI~ PARTICI.JLI\Rl.Y nESl'R[Br-:D HERElN. WfJlCH LAND JS
CONTIG[;O(IS TOTBE EXISTfNO-"'1t.~NK'[PAL LIMITS: REUEFINING n-m llOl,JNU..\,RJES OF1HE CIT....
TO INCLlH)E S;\I() LAND; I'ROVLDlNG FOR lllE RIGtll"S AND ORLI(i.<\TIONS, OF SAID J..AND:
I'ROVIDING fOR THE ZONING "tHEREOF TO RM.k (MEDIUM DENSITY nESIf)ENTIA(. -- S UN1TS PBR
~\CIU~,; j"ROVIDJNO ^ GENERAl.lU;J~EALER CLAI'SL A SAVINO CLA\JSL, AND AN EfFE("'I1VE DATf:,
^ flU'P (1'\1.'110 ",ale) ......Ilicting the ~mllocati<lfl of Ibe J'lf'OP<'rty Itl he 1I11IlCxOO i", ",hown hl-J.lW'. A complel.c le~nl
description h)l '''It llfld 'lUbdi"i.$iun Ind.'or nu:u,!i D.lld h..'unds mid a eop)"- "r Itle ordillallc~ herein ah..we oamed e~1II1 ~
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AN ORDINANCE OF nil" CITY COMMJSSION OF 'THE eny OF DHRAY 11EACfI, fLOR[I)A.
K1-.7...0NING AND PI.ACING l.A.NL> PRESENTLY ZO-NEL> I lINDOSTRIAC! DISTRICT TO .\tIC (MIXED
INDIJSTRI;\l. AND COMMERCIAL) DISTRlC'T: SA[O I..AN() BEING A PARCEL U)CATIm NORTH or
TI-IE OUl 1'RAIN STI\TION. F.IETWf:EN THf. CSXRAILKOAD AND 1.95. AS MORE PARTICULARLY
DF.SCKlBEI) HEREIN; /\MENDINn ""ZON.ING MM" or DELRAY nEAClI, rLORJf>A. MARCIi2006-;
f'RQVIUING A GENERAL KEt'EAlER CLAUSE. .'\ SAVING C'LACSE, AND AN EFFECTIVE DATE..
UHJ:Ul~/..NCJ." No.. 7:2..u6
AN ORI){Nl\NCt: or: nlE crrv ('OMMISSLON OJ' "11-lE CITY OF UEI.RAY HE.'\(;H, FLORIO.\_
AMENDIN(. C1IAPl"ER WO.. ~NI.IISANCES~..OFTlI[,CODfiOFORDlN."I.-"lCES OF HIE CITY Of' L"JEI..R.-'\Y
nr~'\CH 0.... ENAC11NG A NI:W SECTION 100.10. "n,,1>IVIDH..\U.Y m~SJ(iN..\Tr;D tns'roRIl'
STK(lCnlRESAND STRtK:n;RI'iS IN HISTORIC OISTRI(:rfS", TO "ROJ-flHITNHJLI.:crOF SAM[:AND
PROVlUE i\ METHOD FOR ENFOtlCEMENT TO HELP PREVENT DHTF.RIORAll0N OF S.'\M[,~
PROVIDING A SAV1NGSCl...\lJSr.;, A GI;:'''lFRAL REPEALER CL"USE, AND AN bfJ'ECnVE nAIl~.
tlRnIN~NCI< NO 'H_1llo
AN URUtNAN<.:I~ Of um (..'I"I"\' COMMISSION Of' Ult:: <.:LTY (W t>~LRAY tJ.EACtI. n.ORLI>A,
,'MENDING CH.'\PTER 59. "Rf~'L"I.IMEn W.'\I1'R.--. OF THE t.""(.>lJf:'. Of' ORf}INANCf~o;o 01' n.n:: crry Of
I)El.R,\Y lU~^Ctl. Ii\' AMENDING SECTION 5Q.09. "Ft:t:S.. RAms AND CIiARGIS'.. TC> A!)JUST THE
WHOU~SAIA~ c.:;I.1S"lOMEK lt~\n::; PROVIDING .\ S;\VING CLAUSE, A GENERAL REPEALER CL."I.lJSE
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OMIJINANCI<' NO '4_06
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CITY OF DJ::I..R."Y BEACH
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MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERaJ\.
AGENDA ITEM # 10. J- REGULAR MEETING OF DECEMBER 5. 2006
ORDINANCE NO. 66-06
TO:
FROM:
DATE:
DECEMBER 1,2006
This ordinance is before Commission for second reading to repeal Section 98.09, "Litter In Parks"
and amend Chapter 101, "Parks, Beaches and Recreation, General Provisions", of the Code of
Ordinances by amending Section 101.17, "Garbage, Sewage, and Other Waste Materials", to read
"Garbage, Trash, Litter, Sewage, and Other Waste Materials", by amending Subsection 101.17(a), to
strengthen prohibitions on littering on the municipal beach, recreational facilities and public parks;
and by enacting a new Subsection 101.36, "Additional Rules Applying to City Parks, Recreation
Facilities and the Municipal Beach", to provide for additional rules which includes a prohibition on
smoking in certain areas of the beach that can be enforced by issuing civil citations in addition to
other remedies.
At the first reading on November 21,2006, the Commission passed Ordinance No. 66-06.
Recommend approval of Ordinance No. 66-06 on second and final reading.
S:\City Oerk\AGENDA COVER MEMOS\OnIinance Agenda Memos\Ord 66-06 Civil Citation System 2nd Reading 120S'cI6.doc
""~:f1
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
2()() NW 1st AVENeL. DELRi\Y BEACH. FLORIDA 33444
TELEPHONE: 56Ir'~-,-7(1')(). FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7091
DElRAY BEACH
F lOR I D A
II.IaI:II
All-America City
, 1III ' DA ~E:
~ @ TO.
MEMORANDUM
November 15, 2006
1993
2001
City Commission
David Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Ordinance No. 66-06 - Addresses Trash, Litter and Smoking on the
Beach, as well as other Park, Beach and Recreational Facility Rules
Enforceable bv the Civil Citation System
This Ordinance seeks to address Chapter 101 of the Code of Ordinances
governing various matters that affect the use of the City's beach, parks and
recreational facilities. I want to commend David Ricks for compiling the Park
Rules included in the ordinance. By listing these rules in an ordinance, our code
enforcement officers and police officers will be able to issue civil citations under
our ticketing system in addition to our traditional enforcement mechanisms.
A summary of the ordinance is as follows:
Section 101.17{A) clarifies and enhances the "no litter and trash" prohibitions at
City parks, recreational facilities and municipal beach.
Section 101.36 - Provides:
(A) Purpose.
(B) Establishes hours of operation for parks and recreational facilities
and allows all or part of a park or recreational facility to be closed to
the general public during after-school programs, early release days,
and summer camps, per the parameters and times posted at the
facility and also if safety or security dictates a closure.
(C) Prohibits business/commercial enterprises on park property.
(D) Regulates safety hazards.
IZ.T
(E) Prohibits dogs, cats, pets (other than guide dogs), prohibits soliciting
and vending, prohibits interference with authorized events, regulates
sound equipment, sleeping, intoxicants and disorderly intoxication,
storage of personal property and disorderly conduct.
(F) Applies state traffic laws, regulates parking, failure to obey signals,
and orders and directions given by police officer or park ranger,
regulates bicycles, unauthorized vehicles and vehicle maintenance at
City parks.
(G) Regulates use of picnic tables, pavilions, grills and fires.
(H) Prohibits smoking at the municipal beach, except in designated
posted smoking areas, and provides a definition of "smoking".
(I) Provides for compliance with laws and posted rules and incorporates
other ordinances.
(J) States that permits are required to reserve parks/recreational
facilities or areas.
(K) Provides prohibitions on hindering enforcement, permits the City to
prohibit a person coming to a park or recreational facility for 24 hours
for violation of the park rules or, if a habitual offender, (three times in
one year) for six months.
Please place this ordinance on the City Commission agenda for first reading on
November 21 , 2006.
SAR:ci
cc: Doug Smith, Assistant City Manager
Chevelle Nubin, City Clerk
Chief Larry Schroeder, Delray Beach Police Department
Captain Craig Hartmann, Delray Beach Police Department
Joe Weldon, Director of Parks and Recreation
Roger Ribeiro, Recreational Superintendent
David Ricks, Recreation Supervisor IV
Lula Butler, Director of Community Improvement
AI Berg, Assistant Director of Community Improvement
11/15/200611 :38:29 AM
ORDINANCE NO. 66-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REPEALING SECTION 98.09, "LITTER IN
PARKS" AND AMENDING CHAPTER 101, "PARKS, BEACHES AND
RECREATION, GENERAL PROVISIONS", BY AMENDING SECTION
101.17, "GARBAGE, SEWAGE, AND OTHER WASTE MATERIALS", TO
READ "GARBAGE, TRASH, LITTER, SEWAGE, AND OTHER WASTE
MATERIALS", BY AMENDING SUSECTION 101.17(A), TO
STRENGHTHEN PROHIBITIONS ON LITTERING ON THE
MUNICIPAL BEACH, RECREATIONAL FACILITIES AND PUBLIC
PARKS, AND BY ENACTING A NEW SUBSECTION 101.36,
"ADDITIONAL RULES APPLYING TO CITY PARKS, RECREATION
FACILITIES AND THE MUNICIPAL BEACH", TO PROVIDE FOR
ADDITIONAL RULES WHICH INCLUDES A PROHIBITION ON
SMOKING IN CERTAIN AREAS OF THE BEACH, THAT CAN BE
ENFORCED BY ISSUING CIVIL CITATIONS IN ADDITION TO OTHER
REMEDIES, PROVIDING A GENERAL REPEALER CLAUSE, A
SAVINGS CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission is desirous of providing its citizens with a safe and
clean environment in which recreational opportunities can be maximized; and
WHEREAS, additional rules and enforcement is needed in order to make sure that the
public beach, City parks and recreational facilities are operated in a manner that protects the
persons using the beach, recreational facilities and public parks.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 98,09, "Litter in Parks", of the Code of Ordinances of the City
of Delray Beach, Florida, is hereby repealed in its entirety:
See. 98.09. LITTER IN PARKS.
No persoB shall throw or deposit litter iB any park v/ithiB the City exeept iB
publie receptacles and iB a manner that the litter will be pre';ented from being carried or
deposited by the elements upon any part of the park or upOB any street or other public
plaee. \Vhere public reeeptacles are Bot provided, all litter shall be earned aV/ay from
the parle by the person respoBsible for its presenee and properly disposed of elsewhere as
proyided hereiB.
Section 2. That Chapter 101, "Parks, Beaches and Recreation", "General Provisions"
is hereby amended by amending Section 101.17, "Garbage, Sewage and other Waste Materials"
is hereby amended to "Section 10 1.17, Garbage, Sewage, Trash. Litter and other Waste
Materials", to read as follows:
Sec. 101.17. Garbage, Trash. Litter. Sewage and other Waste Materials.
(A) No person shall deposit, permit or suffer to be deposited in any part of any City
park, recreational facility or municipal beach site, any garbage, ashes, sewage, refuse, trash.
litter. including. but not limited to. cigarettes. cigars. tobacco. paper. bottles. cans. containers.
syringes. sanitary products. diapers. or any waste material whatsoever, or anv product or thing
not indigenous to the beach or recreational facility other than in receptacles or pits provided for
such p\:1rposes the proper disposal of such materials; nor shall any person dump any earth within
the City park. recreational facility or municipal beach site without specific written permission
from the Parks and Recreation Director. Where public receptacles are not provided. all trash.
litter. refuse and garba~e shall be carried away from the park. recreational facility or municipal
beach site by the person responsible for its presence and properly disposed of elsewhere in an
appropriate receptacle.
Section 3. That Chapter 101, "Parks, Beaches and Recreation", subheading, "General
Provisions" is amended by enacting a new subsection 101.36, "Additional Rules Applying to
Parks, Recreational Facilities and the Municipal Beach", to read as follows:
Sec. 101.36. Additional Rules Applvine: to Parks. Recreational Facilities and the
Municipal Beach.
(A) Purpose.
Citizens should be afforded a safe. clean environment in which recreational
opportunities can be maximized. Due to the wide variety of patron needs and use of City
property. it i~ necessary to establish the following rules and regulations. These rules are in
addition to rules that are contained in other sections of the Code of Ordinances or otherwise
posted in particular parks. recreational facilities or municipal beaches.
(B) Hours of Over at ion.
1. Parks and recreational facilities will be open as posted on buildings or
entrance areas.
2. No person shall remain in any park or facility after the park or facility is
closed. except in an area specifically designated by the City as an area
where persons may remain after the park or facility is closed to the public.
All persons shall comply with City Code of Ordinances Section 101.23
prohibiting criminal trespass.
3. Any section or part of any park or facility may be declared closed to the
public at any time or limited to certain users or times as public interest
demands or safety and security indicates. In addition. all or oart of park
and recreational facilities may be closed to the general public during the
use of the park and recreational facilities for after-school programs. day
2
camps. early release days. summer camps and the like. when the closure
and the parameters and time of closure is posted at the park or recreational
facility.
(C) Park Proverty.
1. Buildings and Other Property. All park property. facilities and equipment
shall be used for the purpose for which it was designed. No person shall
deface or disturb any building or disturb any landscaping in violation of
Section 101.16 of the Code of Ordinances.
2. Social Services. Parks shall be used for recreation and relaxation. light
and air for the general public. Parks shall not be used for business or
social service ourposes unless authorized pursuant to a written agreement
with City. As used herein. social services shall include. but not be limited
to. the vrovision of food. clothing. shelter or medical care to persons in
order to meet their physical needs: except when provided by employees of
the City pursuant to authorization by the City.
3. No commercial enterprises. sale or rentals of goods or services shall be
permitted in violation of Section 101.25 of the Code of Ordinances.
(D) Safety Hazards.
1. Permit Required. Use of any equivment which does or may pose a safety
hazard must receive a permit from the Parks and Recreation Department
prior to such use. This permit must be displayed upon request by City
personnel. This would include but not be limited to items such as radio
controlled airplanes. boats. model rockets. carnival equipment. bounce
houses and rock walls.
2. Fireworks. Firearms. Weapons. Fires. No person shall discharge any
fireworks in any City Park unless done as part of a special event
authorized by the City. Fireworks shall mean any combustible or
explosive composition or substance or combination of substance or any
article prepared for the purpose of producing a visible or audible effect by
combustion. exposition. deflagration or detonation. including sparklers.
No person shall start a fire in violation of Section 10 1.19 of the Code of
Ordinances. No person shall violate Section 101.20 of the Code of
Ordinances governing firearms. weapons and fireworks.
(E) Nuisances at Parks. Recreational Facilities and Municival Beach Sites.
1. Pets. No person shall bring into. permit. have. or keep in any park.
recreational facility. municipal beach east of the dune line or City facility
3
any dog. cat. pet of any kind or other animal unless the park is specifically
dedicated for that purpose by the City except that Guide Dogs used by
people with seeing. hearing or other physical disabilities shall be
permitted. No person shall hunt or molest wildlife in violation of Section
101.18 of the Code of Ordinances. No person shall violate Section 101.27
of the Code of Ordinances pertaining to animal re~lations.
2. Trash Disposal. Park patrons are responsible at all times for proper
disposal of their trash. Any trash generated outside park and recreation
facilities may not be disposed of inside the Vark. park facility or municipal
beaches. No person shall deposit any litter. trash. waste or any other
matter prohibited by Section 101.17 or Section 101.31 of the Code of
Ordinances.
3. Soliciting and Vending. No person shall expose or offer for sale any
article or thing nor shall he station or place any stand. cart or vehicle for
the transportation. sale or display of any such article or merchandise
within the limits or adiacent roadways of any park. Exception is made to
regularly licensed concessionaires acting by and under the authority of the
City of De1ray Beach. Any publicity. posted signs or announcement
placed in or on park oroperty must have the prior approval of the Parks
and Recreation Department. No person shall conduct commercial
enterprises or sell or rent goods or devices in violation of Section 101.25
of the Code of Ordinances.
4. Interference with Authorized Activities. No person or group shall
interfere with any recreational activities or event authorized by the City's
Parks and Recreation Department.
5. Sound Equipment. A permit is required to bring into any park. beach. or
recreational facility any public address system or amplified music system.
except for small devices for personal use such as radios. i-pods. or the
like. No person or group shall play or operate any sound amplification
device including radios. television sets. phonographs. tape decks. public
address systems. amplified musical instruments or any other loud noise
generating device which annoys or disturbs other persons in any park or
recreation facility or which violates Section 10 1.22(E) or Chapter 99 of
the Code of Ordinances.
6. Sleeping. Sleeping in a horizontal position is specifically prohibited in the
following: building. oavilion. rest room. trash receptacle. bench. picnic
table. as well as recreational activity areas (such as athletic courts and
fields. and playgrounds). pedestrian or vehicular traffic ways (such as
roads. sidewalks. bike paths. and iogging paths). and landscaped areas
(such as flower gardens. hedges. and planters). No verson shall camp in a
manner in violation of Section 101.21 of the Code of Ordinances.
4
7. Intoxicants. Consumption. possession or sale of alcoholic beverages is
prohibited within City parks. Recreational Facilities or Municipal Beach
except during and within the specified area of a Special Event authorized
by the City or premises licensed for sale and consumption of alcoholic
beverages.
8. Disorderly Intoxication. No person shall be intoxicated in a City park.
recreational facility or upon a City beach and endanger the safety of
another person or property. and no person shall be intoxicated or drink any
alcoholic beverage in a City park. recreational facility or municipal beach.
9. Personal Prooerty. Personal property shall not be stored in any park or
recreational facility except in a facility or area specifically designated by
the City for such storage. No person shall violate Section 101.33 of the
Code of Ordinances pertaining to bringing onto the beach gym equipment
or playing ball in unauthorized areas.
10. Disorderly Conduct. No person shall violate the provisions of Sections
132.01. 132.02. or 101.22 of the Code of Ordinances which prohibits
various types of disorderly conduct.
(F) Vehicles and Traffic.
1. Existing Laws. All state vehicle and traffic control laws and regulations
shall be complied with in City parks and recreation facilities. In addition
no person shall violate Section 101.24 setting forth specific traffic
regulations regulating various forms of transportation.
2. Parking. All motor vehicles shall be parked only in established and
indicated parking areas or in such other areas and at such times as the
Parks and Recreation Department officials may designate. Parking on the
roadways and driveways. unless it is a designated parking svace. is
prohibited. No person shall park or station any vehicle in any zone
designated and marked "No Parking" or otherwise marked for restricted
use except briefly for emergency purposes.
3. Directions of Traffic. No person shall fail to comply with any order.
signal or direction given or posed by any police officer or park ranger for
the direction of traffic.
4. Bicycles. All bicyclists shall comply with state and municipal laws and
regulations pertaining to bicycles.
5. Unauthorized Vehicles. Mini bikes. gO-carts and other non-licensed
motorized or electric vehicles are prohibited in parks. recreational
5
facilities and the municipal beach. No person shall violate Section 101.24
which prohibits various types of vehicles including. but not limited to
certain water craft as well as certain craft that is airborne or Section
101.34 which sets forth certain prohibition on parasailing. kite
boarding/kite surfing. scuba diving and the use of iet skis.
6. Vehicle Maintenance. Motor vehicle maintenance is orohibited in parks.
recreational facilities and public beach. exceot reo airs or maintenance of
an emergency nature.
(G) Picnicking.
1. Picnic Tables. Use of picnic tables for other than oicnic purposes is
prohibited. Proper use of tables for picnicking is on a first come. first
serve basis. Holding tables for patrons who have not arrived is prohibited.
unless there is provision for certain tables to be reserved in advance by the
Parks and Recreation Department.
2. Pavilions. Pavilions are available for exclusive use by permit only.
Individuals and groups using pavilions shall comply with written pavilion
regulations.
3. Fires.
(1 ) Ground Fires - Ground fires are prohibited in all park areas.
(2) Personal Grills - The use of personal grills in park areas is subiect
to prior approval of park officials.
(3) Safety - Visitors are responsible for insuring that their fire IS
properly monitored and extinguished at the end of their outing.
(4) Property Use of City Grills - Grills provided by the Parks and
Recreation Department are designed for use with charcoal only.
The use of wood or other flammable materials in grills is
prohibited.
(5) No person shall violate Section 10 1.19 of the Code of Ordinances
which contains additional prohibitions on fires.
(H) Smoking
Smoking at the municipal beach is prohibited. except in designated posted
smoking areas. Smoking is defined to include the carrying of a lighted pipe or lighted
cigar. or lighted cigarette of any kind. or the lighting of a pipe. cigar or cigarette of any
kind.
6
(I) Additional Operating Procedures: Posted Rules: General Laws.
(1) Federal. State. County and Municipal Laws. All federal. state.
county and municipal laws are hereby adopted and are to be
enforced within all City of Delray Beach parks and recreational
facilities.
(2) Compliance with Additional Posted Rules. Specific facilities
which require additional operational procedures for orderly use
shall be posted with rules in a conspicuous place. Patrons utilizing
all facilities shall comply with posted regulations.
(3) No person shall violate the prohibitions contained in Sections
101.35 regarding the storage of boats. Section 101.28. "Obedience
to Lifeguards". Section 101.29. "Undressing on Beach: Indecent
Apparel". or Section 1 0 1.30 regarding "nude swimming".
(J) Permits.
(1) Reservation of any parks and recreation facility or area for
exclusive use requires written approval of the Parks and
Recreation Department in the form of a permit.
(2) Permits shall be obtained as required by the Code of Ordinances.
(3) Regulation Exceptions. All government activities carried out in
the ordinary course of park. recreational facility and beach
operations shall be exempt from the provisions of the Parks and
Recreation Department Rules and Regulations Permit
Requirements. Acts or conduct prohibited by the rules shall be
permitted when aoproved by the Director of Parks and Recreation
and occurring in coni unction with City sponsored. co-sponsored.
or City approved special events. including but not limited to:
Promenade. plant shows and home shows.
(K) Enforcement.
(1 ) Hindering Enforcement. No person shall impersonate in any way a
park official nor hinder park officials or personnel or those
designated by the City to enforce the Code of Ordinances in the
performance of their lawful duties.
(2) Trespass. In addition to any other penalty allowed by law or
ordinance. any person or group found in violation of the above
rules and regulations shall be ordered to leave all City of Delray
7
Beach parks and recreation facilities for a mInImUm 24-hour
period. Any person who fails to leave all facilities. parks or beach
at the time requested may be arrested and prosecuted for
trespassing or prosecuted under other existing ordinances.
(3) Any person determined by the Parks or Site Supervisor to be a
habitual violator of the Parks and Recreation Rules and
Regulations may be ordered to remain out of City parks.
recreational facilities or municipal beach for a Veriod of time. not
to exceed six (6) months. Habitual violator. for ourposes of these
rules and regulations. shall be defined as any person that has been
ordered by Parks and Recreation officials. Code Enforcement
Officers and those designated by the City to enforce its Code of
Ordinances or Police Officers to leave a City park. recreational
facilities or municipal beach three (3) times within any twelve (12)
month period.
(K) Penalty.
In addition to any other penalty permitted by law or specifically enumerated by
this section. the General Penalty and enforcement means as provided in Section 10.99 shall
apply. Section 37.45 of the Code of Ordinances sets forth additional civil penalties that may be
imposed upon issuance of a civil citation.
Section 4. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 6.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of 2006.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
8
CITY OF DELRAY BEACH. FLORIDA
NOTICE OF PUBLIC HEARING
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RI:.Pt:"l.INt:j Sf:c-rJON 98.~. ~J.rrrH~IN P^RKS" ANOAMf,NllING CHAPl"Ek 101. "'PARKS.l'lF.ACHFS
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ENACTING A NE\\-' SUBSECTION IOU6, "A.DOffIONAl. RLfI..ES APPLYIN(j; TO ('I,TV PARKS.
RfX'REA.nON FAOLrnES I\NO HIF. MUNICIPAl.. [u~.'\clr. TO J>ROVII>f:: r:OR I\DDITfONAL RUl.ES
WHJCfIINCLUOf;S APROHlOlTJON ON SMOKING IN CERTAIN AREAS or THE BEACH, TI-lATCAN BE
I:.NFORCEU BY ISSUlNG CIVIL crrA:nONs IN ADDITION l"() OUIER Rr;.MB)IES. I'ROVIUrNG A
GENERAL REPEAI.F.R C'l.."'USF.', ^ SAVINGS CLAlJSr. 1\;..:D AN F..Fr'ECTIVE nATE.
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AN Ol<<.lINANCB Of: 1HE CITY COMMISSION OF niE CITY OF Hf..l..RAY BF..ACH, -f.U)RlrJ'/\.
ANNI<:XfN(i TO UtE CITY (W DRRAY Dl-iACII, A f'/\RCEI- OF L...\ND l.(X'ATED ON TIU! SOU11t-SIDF,
Of" LHRD ROAD, 640I"EET WFi.cnOF fMRWKK ROAD, AND .'\f'PROX1MATf'.LY 1,400 n:f;r NOR11t OF
U\KR lOA IlO.W. AS THE SAME lS MORE r.\.RTICVI.ARLY DESCRmED HEREIN, \\;l,IICll I.AND IS
'CON'I1G(lO(TS TO'I"II~ EXlSllNG MUNIClf'AL UMrrs; REDErU"lNG um B()(JN"D."-RIf.SOF nlECITY
TO INCLlH)E SAID L^NI)~ I-'"ROVU)lNG FOR THE RKiUTS ,\.......1> OBl..lGAJION~ OF SAID J_AN.D;
I'ROVIDJN<:i FOR TifF. ZONING THEREOF TO RM-8 (MEDIUM UENSITYRF.SIIJE""'lAL ... K UNITS PER
ACRl~): I'HOVILJJNO 1\ GENUtAl. Kf;PP.AU:R n.At:sL A ~AVING Ct"t.:Sf;" AND AN I,HTC"I1VE DATE
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AN OJUl(NANCJ.:. 01' TIn: en\' COMM.lSSION OF THE err\' Of OI-J.RAY IlEACH, Fi.ORIDA.
Rf-7.(JNJNG ANI) PI~^CIN(i Id'\NLl I'RESENTLY t'.ON~D I (INDUSTRIAL) DISllUCl" TO MlC (MIXED
INDIJSTRIAl. AND COMMERCIAL) OISTRlfT S,\IO LAND I'WING A PARCEL LOCATED NORTH or
f1Ui OLll TRI\JN STATtON. BETWEEN TIiI' CS,X RAILROAD AND 1~95.. AS MORE PARTICUL"'RLY
UESCRlm~1) Ut.RElN: AME."'D1N(, "ZONING MAL> OF DEI.RAY BEACH, Fl..ORlrh\.. MARCIt 2OOI'i-;
I'ROVIUING!\ GENERAL REPE~'\lFR <'::L;\USl::. A SAVING (:LAl~SE. .A.ND AN EFFLCTIVE lMTE.
ORIlINANC..' NO Tl-4w.
AN OKDJNANCf! OJ; THE CITY COMMISSION OJ-" 11m Cl'rv OF DF.LRAY HE;\CH, FLORIDA.
AMIZNDtNO CIIAPT1:;R 1f.I0. -NI.II~ANCESM. OF TIlE' (":1JDE; or l)R[JJN."~'lCES or- HIE ('ITY OF [J'EL.RAY
IU:ACH IlY '::NAC'TING A NJ:W SECTION 100.10. '.'l'<1)IVrDtJ:\u.'I" Dt~SJGNJ\Tr.D mSTORfC
STRUCTIJRESANH STRlIcn:RES IN l-llsn:.lRIC UfSTRICTS.... TO PROHlliITNEGL.ECrOI' SI\ME,\NO
PROVIUE ,'I. MRnfOO fOR (.:N'FORCEMRNT H) HEL.. l'REVH.N"r mrrERlORA110N OF SAME:
rROVIUINf.;j A SAVINGS Cl...\USE. A GENFRAL REPEALER CLAUSE, ."'NO AN GFI'ECfTVE [lATE.
OROIN<\NC5: IIl:U '3-06
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AN ORLJtNANt..'E Of' UII:;' CIT\' COMMISSION ot" HIE CIT\' 0... Df.LR,o\Y IlEACIt. "1.0RUJA,
AMI'.NI>ING CH^PTER ~q. "RfX'LAIMEH w....n~Kh. Of' THE CODE Of-. ORDINANCES Of ntE cnY Of
I>EI.R,,\Y HI::ACH. BY AMEN))IN<J SH'TION 59.\19. -fEES. RAms AND OMRGES". TO Al).Il1ST HtE
WHC'.lI,)'iSA1.fi CIJSTOMER RArE; PROVIl>lNG _'\ .....'\VING CL'\tJSE. A GENERAL Rl':J~b'\LER CL.'\lJSE
AND AN EFn:CIlVI; J)A"fJi.
UNOINANCl' NO '~_06
AN ORIllNAN(,l,; or HIE CITY COMMISSION OF nlE CITY OF DE1.RAY BEACH. I'LOIUOA
AMENDING THE -I.ANO f"'.VU_OP""n:NT RF.GVf.ATIQNS OF UIF COilE or ORUINANct:-S 01' TItE
CITY UF I>EJ..RA\' IJEACH, RI'.L."'TIN<.; TO .ntE CONCURRENCY M^N^G~MEN1. SYSTEM UV
J-:NACnN(i Sf.cnON S.fl"PROPORnONATE FAIR-ST-fARE PRO(iM,,,M": AND PROVIDrNG A GENl':R^L
REPf.AI.ERCLAUSt:.A SAVINGS (.~I.....\USb;"Nl>AN f.rt.l'.cnVE DATE.
onnEN "'Ner-. Nil 'l'~--lu.:
AN OR()(N^NCE Of" nil:-: ('flY COMMISSION OF 'mE CITY OF DRLRA.Y BEACf-I. .FLOl<IDA.
AMF.NOINO THE (,ODE or O't['IINANCF_S OF THE CITY Of-' OF.I.R,'\Y A,f:^CH. FI.ORIO" AMF.'_NOING
sEcnUN ~~U)f,IJ, "RF.TIRr~MENT INCOME; 6ASlS. ,'l.MOllNl: AND l'AYMEI'o:"'-~ BY AMENDING
SLJA~El:TION JH)C);(M). "'E:\MI,Y RF.TIRFMt':NT INCENTIVE", TO PR()VIDf; FO'R CHANGF.D F.I..I(jfRII._
nv HMIN(i, J>ROV[I>>NG A GENf.RAL REl'E,\l.ER CI.,\llSP.. A SAVING CL,AIJSF. AND AN El'fECnVf-:
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l'Ind c"idc,-nce lip.... whkb II\C IIp,,",__1 i~ h.' hi: ha..'<I:c.l The City ~ n~.1l pm",idc fltlf" pt"C.p;tre :SUdl rcc.onl. f'ur..u&nr
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lUX:.'\. RATON r>;EWS:UEI.RAY nf.ACJ-l NEWS
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4
FROM:
DAVID T. HARDEN, CITY MANAGER ,_ ,/
M~ 7vf~ f--
ff~L ~Orrl~, J. . P, DIRECTOR OF PLANNING & ZONING
~'6GGA
TO:
THRU
SUBJECT:
MEETING OF DECEMBER 5, 2006
CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS (LDRs) CHAPTER 4, REPEALING SECTION
4.6.7 "SIGNS" IN ITS ENTIRETY, ENACTING A NEW SECTION 4.6.7 "SIGNS"
AND AMENDING APPENDIX A "DEFINITIONS" RELATING TO SIGNS.
The item before the City Commission is approval of City-initiated amendments to the Land
Development Regulations to accommodate revisions to the sign code and related definition
section.
Recent case law from the Eleventh Circuit Court has found that the regulation of signage cannot
be based on sign content. The proposed amendment is a complete rewrite of the sign code to
eliminate any reference to regulations pertaining to sign content. The code has also been
rewritten to be more user friendly; additional language has been added to define "flags" and
"noncommercial signs;" and definitions have been deleted for "Construction/development sign"
and "political sign". Clarification language has been added to the adopting ordinance, and
whereas clauses and severability language have been included to provide protection should the
ordinance be legally challenged. A complete list of the proposed changes is included in the
attached Planning & Zoning Staff Report.
The text amendment was considered by the Planning and Zoning Board on November 20, 2006.
No one from the public spoke on the amendment. The Board discussed the Ordinance and
recommended approval on a 4 to 0 vote (Eliopoulos, McDuffie and Halberg absent), by adopting
the findings of fact and law contained in the staff report and finding that the amendment is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the
Land Development Regulations.
By motion, approve on first reading Ordinance No. 78-06, amending LDR Chapter 4, "Zoning
Regulations," by repealing Section 4.6.7, "Signs" in its entirety, enacting a new Section 4.6.7,
"Signs" and amending Appendix A, "Definitions," of the Land Development Regulations, by
adopting the findings of fact and law contained in the staff report and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the
Land Development Regulations, with second reading to occur on December 12, 2006.
Attachments:
· Ordinance No. 78-06
· Planning & Zoning Staff Report of November 20, 2006
\~. L
ORDINANCE NO. 78-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y
BEACH, AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", BY REPEALING SECTION 4.6.7, "SIGNS", IN
ITS ENTIRETY AND ENACTING A NEW SECTION 4.6.7,
"SIGNS", IN ORDER TO PROVIDE A SINGLE, COMBINED AND
UPDATED SIGN CODE; AMENDING APPENDIX "A",
"DEFINITIONS", TO PROVIDE UPDATED DEFINITIONS
RELATING TO SIGNS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, sign types described herein are related in other ways to the functions they serve
and the properties to which they relate [see Bond, Making Sense of Billboard Law: Justifying
Prohibitions and Exemptions, 88 Mich.L.Rev. 2482 (1980)]; and
WHEREAS, limitations on various types of signs are also related to the zoning districts for the
properties on which they are located and/or the land use of the properties on which the sign-types and
signs are located; and
WHEREAS, various signs that serve and function as signage for particular land uses, such as
drive-thru restaurants, are allowed some additional features in recognition of the differing or special
functions served by those land uses, but not based upon any intent to favor any particular viewpoint or
control the subject matter of public discourse; and
WHEREAS, in narrowly drawing and tailoring proVISIons for regulating signage, the City
Commission finds and determines that the exercise of its police power for such regulation should not
extend to objects such as artwork or temporary holiday/seasonal decorations that are not typically
associated with or considered signage; and
WHEREAS, in narrowly drawing and tailoring provlSlons for regulating signage, the City
Commission finds and determines that it is not necessary to regulate and/or require permitting for certain
sign-types not otherwise prohibited based upon the function they serve, and such sign-types include street
address signs, nameplate/occupant identification signs, noncommercial onsite directional and parking
signs, warning and safety signs, machinery and equipment signs, and garage-yard sale signs, as well as
bulletin boards for zoned lots for public/semi-public uses; and
WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City
Commission finds and determines that certain temporary sign-types for special events, grand openings,
and temporary uses play an important role in commerce and activities in the community, and are
necessary, but that the potential for visual clutter that might otherwise occur through violations of
durational or dimensional criteria should be controlled and/or monitored by content-neutral permitting as
necessary to preclude abuse that adversely affects traffic safety and aesthetics; and
WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City
Commission finds and determines that temporary construction signs that function to identify ongoing
construction activity during the time that a building permit is active and prior to completion of the work
provides important directional information to contractors, subcontractors, suppliers, materialmen and
laborers providing and/or delivering materials and/or services and are a necessary type of signage related
to the premises on which they are located and have no effective substitute; and
WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City
Commission finds and determines that street address signs and nameplate/occupant identification signs
are necessary to identify premises and/or occupants and provides an indispensable means for guiding
pedestrians and vehicular traffic, as well as emergency services such as fire, ambulance and rescue
services, and thereby provide for the health and safety of persons in the City, and that such sign-types
are a necessary type of signage related to the premises on which they are located and have no effective
substitute; and
WHEREAS, in narrowly drawing and tailoring proVISIons for regulating signage, the City
Commission finds and determines that warning and safety signs are necessary to warn of a dangerous
condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g.,
"gas line," "high voltage," "condemned building," etc.) or that provides warning of a violation of law
(e.g., "no trespassing," "no hunting allowed," etc.), and that such sign-types are a necessary type of
signage related to the premises on which they are located and have no effective substitute; and
WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City
Commission finds and determines that machinery and equipment signs, i.e., those signs that are
integrated into machinery and equipment and that are visible from the street (e.g., vending machines,
gasoline pumps, telephone booths, mail drop-boxes, newspaper machines, and the like), are a necessary
type of signage that are inextricably related to the machines and equipment on which they appear and
that it is impractical to prohibit such signs in commerce without effectively prohibiting the associated
machines and equipment and as a result the City finds that machine and equipment signs should be
allowed in all zoning districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.6.7, "Signs", be repealed in
its entirety and a new Section 4.6.7, "Signs" is hereby enacted to read as follows:
2
ORD NO. 78-06
Section 4.6.7 Si2l1s
(A) Purpose: The purposes of these sign regulations are: to encourage the effective
use of signs as a means of communications in the City; to maintain and enhance the aesthetic
environment and the City's ability to attract sources of economic development and growth; to
improve pedestrian and traffic safety; to minimize the possible adverse affect of signs on nearby
public and private property; to foster the integration of signage with architectural and landscape
designs; to streamline the approval process by requiring master signage plans; and to enable the
fair and consistent enforcement of these sign regulations.
(1) Communication: Signs should not deny other persons or groups the use of
sight lines on public rights-of-way, should not obscure important public messages, and
should not overwhelm readers with too many messages. Signs can and should help
individuals to identify and understand the jurisdiction and the character of its sub-areas.
(2) Preservation of Community's Beauty: The City of Delray Beach which
includes a beach resort community as well as major office and industrial parks relies
heavily on its natural surroundings and beautification efforts to retain its economic
advantage. This concern is reflected by actively regulating the appearance and design of
sIgns.
(3) Property Value Protection: Signs should not create a nuisance to the
occupancy or use of other properties as a result of their size, height, brightness, or
movement. They should be in harmony with buildings, the neighborhood, and other
conforming signs in the area.
(B) Applicability: It shall be unlawful for any versons to post, display, change, or
erect a nonexempt sign or a sign structure, that requires a permit, without first having obtained a
permit therefor. Signs or sign structures erected without a valid permit shall be deemed in
violation and it shall be mandatory to obtain a permit, based on this Section, or else remove the
sign or sign structure. Signs erected, under a valid permit, prior to the effective date of this
ordinance, which have since become nonconforming shall be allowed to remain in accordance
with the time limitation and structure requirements set forth in these LDR's. All signs not
expressly allowed by these LDR's are prohibited.
3
ORD NO. 78-06
(C) Procedures.
(1) Issuance of Permits, Validity and Renewal: Permit applications shall be
reviewed by the Chief Building Official or his/her designee within thirty (30) days of submission
of the permit application. Upon satisfactory compliance with the minimum submission
requirements of the LDRs and a determination that the proposed sign meets all applicable
standards set forth in the LDRs, the Chief Building Official, or his/her designee, shall cause a
sign permit to be issued to the applicant. The permit shall be valid for a veriod of 180 days
during which period the sign may be erected; however, the Chief Building Official, or his/her
designee, for good cause shown and upon payment of 50% of the original application fee, may
renew the permit for an additional 90 day increment provided that there have not been enacted, in
the 180 day period, standards of which the permit would be in violation. Permits shall be
required for all signs not listed within this code as either exempt or prohibited.
(2) Permits for Individual SiWlS: Permits for signs shall be on a form as
promulgated by the Chief Building Official.
(a) Minimum Submission Requirements: The application form and
associated submission materials shall include the following:
1. The type of sign and/or sign structure as set forth in the
LDRs.
2. The street address of the property upon which the sign
and/or sign structure is to be located along with identification
of where on said property the sign will be located. If there
is no street address another suitable method of identifying the
location shall be provided.
3. The area per sign face and the aggregate area of the sign
and! or sign structure.
4. The name and address of the owner or other person in
control or possession of the real property upon which the
sign or sign structure is to be located.
5. Written consent of the owner, or his designated agent,
granting permission for the construction, operation,
maintenance, or disvlaying of the sign and/or sign structure.
6. Two copies of a blueprint, sketch, blue line print, or similar
presentation, drawn to scale and dimensioned, showing
4 ORD NO. 78-06
elevations of the sign as proposed and its relationship to
other existing or proposed signs or sign structures in the
area. In the case of a free-standing sign, the representation
shall include a sketch site plan showing the location of the
sign.
7. Appropriate exhibits showing the proposed location of the
sign with respect to nearby structures and vegetation.
8. The seal of a state registered engineer or architect shall be
affixed to drawings of signs and/or sign structures where the
sign face is in excess of thirty-two square feet (32 sq.ft.)
certifying that it is designed in accordance with wind load
requirements of the Florida Building Code.
A sign contractor shall provide a signed certificate stating
that wind loading to withstand a pressure of fifty (50) pounds
per square foot when an application for signs less than or
equal to 32 square feet in area is submitted.
(D) Aesthetic Qualifications:
(1) Applicability: The following subsection describes basic aesthetic
qualifications which apply to signs.
(2) Basis: The aesthetic quality of a building, or of an entire neighborhood, is
materially affected by achieving visual harmony of the sign on or about a structure as it relates to
the architecture or the building or the adjacent surroundings. In addition to the limitations on
signs imposed in Subsections (F) and (I), the following aesthetic considerations must be met.
(a) Garishness: The overall effect of the lettering, configuration or
color of a sign shall not be garish. "Garish" signs are those that are too bright or gaudy, showy,
glaring, and/or cheaply brilliant or involving excessive ornamentation. Garish signs are not in
harmony with and are not compatible with the building or adjacent surroundings.
(b) Scale and Conformity with Surroundin2s: The scale of the sign
in terms of area, shall be consistent with the scale of the building on which it is to be placed or
vainted and the neighborhood or streetscape where it is to be located. Scale shall also be
considered in terms of Subsection (E)-(2) with respect to height and area.
5
ORD NO. 78-06
(c) Quality: All signs shall have a professional appearance that
enhances the visual aesthetics of the area.
(E) Sign Design Standards: The following subsections describe basic standards
which apply to signs. The application of these standards to specific types of signs and their
location in specific zone districts is set forth in a matrix contained in Subsection (F) (7) .
(1) Types of Si2l1s:
(a) Free-Standing Si2l1: A free-standing sign is not affixed to any
other structure and is limited to no more than two (2) faces. It may
be either a pole sign or a monument sign. All signs erected on a
pole shall contain a pole cover. All freestanding signs shall contain
the street number.
(b) Projecting Sign: A sign
affixed to a structure and
which extends at a right angle
from the building. A
projecting sign shall not have
more than two (2) sign faces.
(c) Under Canopy Sign: A
sign hung from a canopy or roof of a walkway. It may
be rigid or it may swing. Such a sign may not have more
than two (2) sign faces.
6
ORD NO. 78-06
(d) Wall Si2l1: A wall sign may be flush mounted or hand vainted.
Such a sign may be applied to a canopy/awning, mansard, or
building face.
(2) Si2n Area and Hei2ht:
(a) Basis for Measurement: The area in square feet or square inches
allowed for each sign face. The sign face includes any background material, panel, trim, color,
and direct or self-illumination used that differentiates the sign from the building, structure,
backdrop surface, or object upon which, or against which, it is placed. When there is no such
differentiation, the sign face shall be a rectangle just large enough to enclose all lettering,
illustrations, ornamentation, symbols, or logos. A sign structure shall not be computed in sign
area provided that no message, symbol, or any of the aforementioned are displayed on, or
designed as part of, the sign structure.
(b) Hei2ht: The vertical distance measured from the highest voint of
the sign to the grade at the base of the sign.
(3) Setback Requirements:
(a) Basic Setback Determinants: The setback for a free standing sign
shall be ten feet (10') from the ultimate right-of-way line unless there is a special setback or
special landscape area designated for the street pursuant to Section 4.3.4(H)(6). The setback is
measured from the closest portion of the sign to the right-of-way. Projecting signs, canopy signs,
and wall signs may extend into standard and special setback areas. No signs shall extend into a
right -of-way.
(b) Allowed Partially in Standard Setback: When considered as a
part of a site plan approval, or modification to a site plan, a sign may be located vartially within
the ten foot (10') setback area vrovided that:
1. The sign height is not greater than seven feet (7');
2. The sign area is a maximum of forty square feet (40 sq.ft.);
7
ORD NO. 78-06
3. The sign area for that portion of the sign within the setback
area is not greater than twenty square feet (20 sq.ft.).
(c) Allowed Totally in Standard Setback: When considered as a part
of a site plan approval, or modification to a site plan, a sign may be located totally within the ten
foot (10') setback area provided that:
1. The sign height is not greater than seven feet (7');
2. The sign area is less than twenty square feet (20 sq.ft.);
(d) Allowed in Special Setbacks: When considered as a vart of a site
plan approval, or modification to a site plan, pursuant to Section 4.3.4(H)(6), a sign may be
located within a special setback area provided that:
1. If the sign is to be located no less than ten feet (10') nor
more than twenty feet (20') from the right-of-way, the sign
height shall not exceed seven feet (7'), and the sign area
shall not exceed forty square feet (40 sq. ft.).
2. If the sign is to be located between twenty feet (20') to thirty
feet (30') from the right-of-way, the sign height shall not
exceed fourteen feet (14'), and the sign area shall not exceed
ninety-six square feet (96 sq. ft.).
(4) Safety and Location Requirements.
(a) Location.
1. Aweement Required: Whenever a sign requires a permit
and is allowed within a setback area, easement, or right-of-
way, the person erecting the sign shall be required to execute
an agreement, which shall be countersigned by the property
owner, providing that it is the obligation of the owner of the
sign and/or the property owner to relocate the sign at such
time as the City determines that additional right-of-way or
setback is required, or if conflicts occur with it being located
in an easement. A performance bond, or acceptable
substitute guarantee, may be required.
8
ORD NO. 78-06
2. Obstructions: A sign shall not be located in such a manner
as to obscure another sign or to be obscured by an existing
sign, a structure, or existing vegetation unless provisions are
made for the removal of the obscuring sign, structure, or
vegetation.
(b) Safety .
1. Safety Determination Required: Whenever consideration
is given to locating a sign within a special setback or the
standard ten foot (10') setback area, the granting body must
determine that the location of the sign does not present a
hazard to pedestrians or to vehicular traffic circulation.
2. Traffic Safety: No sign shall be located in such a manner
that it will become a hazard to automotive or pedestrian
traffic nor shall any sign or lighting of a sign be so v1aced as
to obstruct the vision of the driver of any motor vehicle
where vision is necessary for safety.
(5) Illumination: Signs may be illuminated directly or indirectly unless
specifically prohibited elsewhere in these LDRs. In residential zoning districts, all illumination
shall be cut off luminair so that the light is not directed toward adjacent residentially zoned
property.
(6) Desip Prohibitions/Restrictions:
(a) Intermittent Li2htin2, Animation, Movin2 or Rotatin2 Sips: A
sign shall not involve intermittent lighting, animation, motion or rotation of any part of a sign
structure or display; except for governmental traffic signals, traffic devices and traffic signs as
required by law.
(b) Noise Producin2 Si2ns: A sign shall not produce noise or sounds.
9
ORD NO. 78-06
(c) Obscene Signage: A sign shall not exhibit thereon any lewd,
lascivious, or obscene, character, or illustration.
(d) Restrictions as to Functions: The use of a sign may be restricted
to functions as set forth in Subsection tB (E) (7) (Matrix) under the column of "type of sign".
(e) Smoke or Odor Producing Signs: A sign shall not vroduce or emit
smoke, vapor, particles, or odor.
(7) Design Standards Matrix: The following matrix sets forth the standards
for various types of signs when located in various zoning districts or defined by use. The
standards set forth therein are subject to descriptions, interpretations, exceptions, and limitations
as provided for elsewhere in these LDRs.
10
ORD NO. 78-06
IRESIDENTIAL ZONE DISTRICTS SIGNING: (R-l DISTRICTS, PRD, RL, RM, RR AND AG DISTRICTS)
Type of Sign Quantity Area (max.) Location * Height Illumination
Wall Only one sign per 20 sq. ft. At least 10' - must be shielded
lot or parcel from any property line
Free-standinl! 20 so. ft./face 8"
ISIGNING LOCATED IN CP, ALL HISTORIC DISTRICTS, OS ,OSR, OSSHAD AND RO
Type of Sign Quantity Area (max.) Location * Height Illumination
Wall Not more than two per lot, 30 sq. ft. on building face - Allowed
parcel or development
Projecting 30 sq. ft./ face from building or under - Allowed
canopy
Free-standing 30 sq. ft./face may be in the front 8' Allowed
yard setback
Under canopy 4 sq. ftIface Under canopy Allowed
I~ImlING FOR CHURCHES, TEMPLeS. MOSQUES, SYNAGOGUeS, .^.ND OTHER PL<\CES OF WORSHIP, REG,^.RDLESS OF
ZONe DISTRICT
Type ef Siga Quantity .^.rea (max.) LeGatieR * Height IllllmiHathm
Wall eRe Jler bllilrlmg 19% ef eaildiRg faGe ea BllildiRg face - AlleweQ
Ret Ie exceed 129 sq. ft.
Pree staading GR8 I 1/2 sq. ft.JlerJ9' - ~ AlleweQ
of fromage
Pree staading ORe per addiaeRalUGe ~ - ~ AlleweQ
ISIGNING IN GC. AC, NC, PC, CBD. MIC. I, POD, POC AND LI ZONE DISTRICTS
Type of Sign Quantity Area (max.) Location * Height Illumination
one per business 15% of building face facing each dedicated - Allowed
(max. of 12' height, street frontage
for computational purposes
only, times the width)
not to exceed 160 sq. ft.
Wall one per building 9 sq. ft. on rear of building - Allowed
not facing street
one per business 15% of building face (max. of facing 1-95 - Allowed
12' height, for computation-
ional purposes only, times the
width) not to exceed 160 sq.ft.
Directory one per building 24 sq. ft. on building face - Allowed
Projecting One 30 sq. ft. from building or under - Allowed
3' from face of wall canopy
Under canopy one per business 4 sq. ft. under a canopy which - Allowed
extends store front
access
Free-standing one per frontage *one at 1/2 sq. ft. of frontage 14' Allowed
not to exceed 160 sq. ft.
*each additional limited
to 50 sq. ft.
... Freestanding signs must comply with setback requirements of Section 4.6.7{F)(E)(3)
11
U.KU NU. I~-Ub
(F) Si2Ds Requirin2 Permits:
(1) General: All signs, other than those exempted by Subsection (H) or
prohibited by Subsection (I), must obtain a sign vermit. Applications for sign permits shall be
submitted and processed pursuant to these LDRs. Sign permits shall be issued by the Sign
Administrator under the direction of the Chief Building Official for the following:
(a) Master and Blanket Si2n Prow-am Signs: Individual signs being
vermitted under the vrovisions of an approved Master Sign Program or Blanket Program.
(b) Signs Meeting Standards: Individual signs which conform in all
resvects to the provisions of Subsection (E) and (K) of this Section.
(c) Special Purpose Si2Ds: Which comply with the requirements of
Subsection (F) (3).
(2) Master Sign and Blanket Si2D Prow-ams:
(a) Blanket Si2D Program: A Blanket Sign Program may be required
for a commercial property establishing the font, color, size and locations of signs on a multiple
tenant building. A Blanket Sign Program shall be apvroved by the Site Plan Review and
Apvearance Board or the Historic Preservation Board if the project is in a historic district or
historically designated site. After apvroval of a Blanket Sign Program, individual signs consistent
therewith shall be administratively avproved.
(b) Master Si2D Prow-am: A Master Sign Program is to be used when
the development of a project is of such a scale or character that the normal application of the
design and/or aesthetic standards of Subsections (D) and (F), respectively, will not result in an
effective sign program and signing more permissive than said standards is necessary. Approval of
a Master Sign Program may include the automatic granting of waivers and/or adjustments to the
provisions of Subsections (D) and (E) provided that the intent of the sign code is maintained and
the character of the community and neighborhood is not diminished. A Master Sign Program
shall be approved by the Site Plan Review and Avpearance Board or if the project is in a historic
district or historically designated site, by the Historic Preservation Board. After approval of a
Master Sign Program, individual signs consistent therewith shall be administratively avvroved.
(c) Nothing contained herein shall prevent diversity and creativity of
individual signs in the Master Sign Program.
12
ORD NO. 78-06
(3) Special Purpose Si2Ds and Si2Din2: Permits for the following signs may
be issued administratively vrovided that the provisions contained herein are complied with.
(a) Gasoline Pricin2 Si2Ds: Signs may advertise the price of gasoline
subject to the following restrictions:
1. Not more than twelve square feet (12 sq.ft.) per sign face.
2. If free standing, it shall not exceed five feet (5') in sign
height.
3. If a part of a permanent free standing sign, the price sign
shall be included in the area of the vermanent sign.
4. One sign is permitted per frontage with a maximum of two
signs ver site.
5. Signs placed on pumvs shall not exceed three square feet (3
sq.ft.) per sign face nor a total of six square feet (6 sq.ft.)
per sIgn.
(b) Grand Openin2 Banner: One banner may be placed on the
building of a newly opened business vursuant to the following:
1. Display is limited to four (4) weeks.
2. The banner shall not exceed an area of fifty square feet (50
sq.ft.),
3. The banner may not be more than fifteen feet (15)' above the
grade, and must be placed on the building of the business, in
the front of the business.
4. Banners shall be made of color fast material.
(c) Historic Si2Din2: Signs which are building mounted or free-
standing which vrovide information of historic value. Said signing shall not exceed six feet (6')
above grade when free-standing and shall not exceed three square feet (3 sq.ft.) in area in any
circumstance. Such signing shall not be permitted until approval has been gained from the
Historic Preservation Board.
13
ORD NO. 78-06
1. Maintenance of Nonconforming Nostalgic Signs:
(i) Signs that have an historic or nostalgic apveal, and
constitute artistic expression, and not solely
advertising may be exemvted from the removal
requirements if a recommendation by the Historic
Preservation Board is apvroved by the City
Commission. In considering whether to recommend
that the existing nonconforming sign be designated as
nostalgic, the Historic Preservation Board shall
consider the sign's value as a part of the historical,
cultural, aesthetic, and architectural heritage of the
city, state, or nation. The Historic Preservation
Board shall review the criteria contained in Section
4.5.1, of the Land Development regulations prior to
making its recommendation.
(ii) An owner of property on which an eXIstmg
nonconforming sign is located may request the
Historic Preservation Board to recommend to the City
Commission that the existing nonconforming sign be
designated as a "nostalgic sign. "
(iii) Any existing nonconforming sign designated as a
nostalgic sign must be maintained in good condition.
If at any time the sign becomes unsightly, or becomes
a danger to the public health, safety, or welfare, the
City Commission, following notification to the
owner, may remove the nostalgic designation and set
a date by which time the sign must be removed.
(d) Drive Thru Window Signs: Signs used by businesses in
conjunction with service at a drive-thru window may be permitted as long as the size of the menu
board does not exceed seven feet (7') in height, nor twenty four square feet (24 sq.ft.) in size. A
maximum of two (2) signs per drive thru window.
(e) Murals and Si2ns Within Murals: A large painting or drawing
affixed to the wall of a building located in commercially zoned districts shall be subject to
approval by the Site Plan Review and Appearance Board or the Historic Preservation Board.
14
ORD NO. 78-06
(0 Special Event Non-Roadway Banner Si211in~: Special signing, in
accordance with this Subsection, may be allowed by the Chief Building Official or his/her
designee, for special events if it is determined that the sign type meets the following criteria:
1. the sign provides notice to the public of a public meeting or
other public event,
2. the sign is temporary and for a limited time, and
3. the sign, if allowed for a limited time, must meet the
following criteria:
(i) the sign will not conceal or obstruct adjacent land
uses or sIgns,
(ii) the sign will not conflict with the principal vermitted
use of the site or adjoining sites,
(iii) the sign will not interfere with, obstruct vision of or
distract motorists, bicyclists or pedestrians, and
(iv) the sign will be installed and maintained in a safe
manner. The approval, or disapproval, of such sign
shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on such
sign. The Chief Building Official or his/her designee
shall render a decision within fourteen (14) days after
an apvlication is made for utilizing this sign type for a
special event. Such a decision shall be deemed an
administrative interpretation and any person adversely
affected has the right to appeal the decision to the
City Manager.
4. Each sign limited to less than twenty square feet (20 sq.ft.)
in area;
5. Allowed fourteen (14) days prior to the event and must be
removed by the second day after the event.
(g) Special Event Roadway Banner Si~nin~:
15
ORD NO. 78-06
1. Roadway Banner Signs: may be approved and issued by the
Sign Administrator under the direction of the Director of
Community Improvement, for special events. Such signing
shall be subject to the following standards:
(i) The Roadway Banner Sign must be no more than
three feet (3') in height by twenty-four feet (24') in
length, and placed at least fifteen feet (15') above the
surface of the roadway on City installed poles. The
Roadway Banner sign must be constructed with a
standard vinyl awning material and meet wind load
requirements.
(ii) The text of a roadway banner shall be limited to the
name of the svecial event, the date or dates of the
event and the name or logo of the City and the name
or logo of the association or organization co-
sponsoring the event.
(Hi) Display of the Roadway Banner Sign will be limited
to a maximum of fourteen (14) days prior to the event
and must be removed by no later than two (2) days
after the event.
(iv) Roadway Banner Signs will only be allowed to be
displayed at the following intersections within the
City limits and on City installed poles
. NE 1 51 Avenue and East Atlantic Avenue;
. Pineapple Grove Way and East Atlantic Avenue
within the arch area;
. Swinton and East Atlantic Avenue; and
. NE 5th Avenue and West Atlantic Avenue.
(v) the sign will not conceal or obstruct adjacent land
uses or SIgns,
(vi) the sign will not conflict with the principal permitted
use of the site or adjoining sites,
16 ORD NO. 78-06
(vii) the sign will not interfere with, obstruct vision of or
distract motorists, bicyclists or pedestrians, and
(viii) the sign will be installed and maintained in a safe
manner. The approval, or disapproval, of such sign
shall not be based on the content of the message
contained (i. e. , the viewpoint expressed) on such
sign. The Chief Building Official or his/her designee
shall render a decision within fourteen (14) days after
an application is made for utilizing this sign type for a
special event. Such a decision shall be deemed an
administrative interpretation and any person adversely
affected has the right to appeal the decision to the
City Manager.
(h) Subdivision Identification Si2ns: Residential subdivision
identification signs shall be located only at the entrance to the subdivision and subject to the
following standards:
1. Such signs may be either one double faced sign or two signs
where there are two walls at the entrance and where the
signs are permanently affixed to the walls at each entrance of
the subdivision;
2. Each sign area shall be no greater than thirty-six square feet
(36 sq.ft.) in area;
3. Such subdivision entrance SIgns are permitted within all
residential zoning districts;
4. Such subdivision entrance signs may be erected within
rights-of-way or median strips adjacent to the subdivision if
avproved by the City. A subdivision sign may also be
located within the setbacks of private property within the
subdivision or adjacent to the subdivision or adjacent to the
subdivision within the guidelines set forth in 4.6.7(F)(3), if
such sign was in existence as of July 1, 1988.
5. Any such sign erected within a right-of-way or setback shall
be at least ten feet (10') from a paved roadway and signs
17
ORD NO. 78-06
located within a median shall be at least five feet (5') from
any paved roadway;
6. Any such signs avvroved for location within the right -of-way
or median, if such right-of-way or median is not within the
jurisdiction of the City, shall obtain written vermission from
the governmental entity controlling the right-of-way or
median to erect the sign in a requested and approved
location;
7. Any signs proposed to be located on adjacent vrivate
property shall be approved and vermitted by the owners of
the adjacent property. Any such signs lying on private
property shall be considered an additional permitted sign
without regard to other applicable sections of this code; and
8. All signs proposed to be located within a right-of-way or
median shall be reviewed and approved by the City Engineer
or appointed designee for compliance with this section.
(i) Temporary Identification Si2Jls: Temporary identification signs
shall be subject to the following standards:
1. Freestanding Sign: One sign per street frontage, non-
illuminated, with a sign area of not more than thirty-two
square feet (32 sq.ft.), nor more than seven feet (7') in
height.
2. Sign Located on a Building: One sign per building frontage,
non-illuminated with a sign area of not more than thirty-two
square feet (32 sq.ft.).
3. The sign may be installed at the time of submission of a
building vermit application. It must be removed upon
expiration of building permit or building permit application
or when the project obtains a Certificate of Occupancy.
(j) Valet Parking Signs: Signs for Valet Parking shall be allowed
subject to the following restrictions:
18 ORD NO. 78-06
1. One pole mounted sign per approved Valet Queue, meeting
the requirements of valet parking agreements.
2. Valet Parking signs shall be manufactured and installed by
the City. The sign area shall not exceed six square feet in
area. Such sign shall be pole mounted and inserted in a
ground sleeve. The location of such sign shall be determined
by the City. The sign must be removed and stored inside the
business daily during business hours when the approved valet
queue is not in use.
3. Traffic control cones may be used for queumg purposes,
however they shall not contain any additional signage or
markings.
(G) Non-Commercial Messa2e: Notwithstanding anything contained in Section
4.6.7 "Signs", to the contrary, any sign erected vursuant to the provisions of this Code may, at
the option of the applicant, contain either a non-commercial message unrelated to the business
located on the premises where the sign is erected or a commercial message related to the business
and located on the business premises. The non-commercial message may occupy the entire sign
face or portion thereof. The sign face may be changed from commercial to non-commercial
messages as frequently as desired by the owner of the sign, provided that the size and design
criteria conform to the applicable portions of this section, the sign is allowed by this Code, the
sign conforms to the requirements of the zoning designation and the appropriate permits are
obtained. Noncommercial copy may be substituted for commercial covy wherever commercial
copy appears. For the purposes of Section 4.6.7, non-commercial messages, by their very nature,
shall never be deemed off-premises.
(H) Exempt Si2Ds: The following signs are allowed to be erected on private property
in the City of Delray Beach, pursuant to the limitations set forth herein, and do not require a
permit:
(1) Automated Teller Machine (ATM) Panels: One panel which is physically
constructed within and is an integral part of an ATM, and bears the name of the ATM system to
which it belongs.
(2) Directional Si2ns: Such signs shall not extend more than five feet (5')
from the ground and shall not be greater than four square feet (4 sq.ft.) in area.
(3) Fla2s:
19
ORD NO. 78-06
(a) Flags may be displayed on any residential or non-residential varcel
of land in accordance with the following rules:
1. A Flag is a piece of cloth usually attached at one edge to a
staff/vole or cord.
2. No more than three (3) flags may be placed upon any parcel
or development less than one acre in size which is zoned and
used for non-residential purposes.
3. For parcels or developments equal to or greater than one
acre in area that are zoned and used for non-residential
purposes, no more than one flag ver 15,000 square feet of lot
area shall be allowed.
(b) Two (2) flags may be flown at a time when model homes or model
apartments are open for inspection.
(4) Hours of Operation Signs: Signs denoting hours of operation shall be
non-illuminated; have a sign face of not more than one square foot (1 sq.ft.) and be located close
to the entry of the business.
(5) Instructional Signs: Instructional signs are signs which convey instructions
with respect to the premises on which it is located, such as "no trespassing", a danger sign, and
similar signs (other than parking signs). Such signs shall not extend more than five feet (5') from
the ground and shall not be greater than three square feet (3 sq.ft.) in area.
(6) Nameplates: One (1) namevlate sign ver building, not exceeding three
square feet (3 sq.ft.) in area, of a noncommercial nature, and bearing the name or street address
of the principal occupant.
20
ORD NO. 78-06
(7) Non-Residential:
(a) Non-Residential Real Estate Sie:ns:
1. One freestanding real estate sign alon~ each street frontage.
including those located within a historic district.
2. Non-residential Real Estate Signs shall not exceed sixteen
square feet (16 sq.ft.). and shall be limited to seven feet (7') in
height.
3. Within a non-residential property located in a Historic District.
real estate signs shall not exceed sixteen square feet (16 sq.ft.).
and shall be limited to seven feet (7') in height.
(8) Residential.
(a) Residential Real Estate Sie:ns:
1. One sign per lot. the sign being not greater than three square
feet (3 sq.ft.) in area on residentially zoned property:
2. One additional sign per lot may be erected on a lot which
borders a waterway and/or for corner lots provided that the
additional si~ is located along the waterways and/or
placed so that there is only one (1) sign per street frontage.
Such sign shall not exceed nine square feet (9 sq. ft.) in area:
3. An additional sign or "rider" sign. of not greater than three
square feet (3 Sq.ft.). may be attached to or accompany a real
estate sign:
(9) Window Signs.
1. Plastic. neon. or painted signs may be placed upon windows when
limited to 20% of the aggregate glass area. per tenant space or per
mam use.
2. Paper signs displayed two feet (2') or more from the inside of the
glass but which are visible from the outside shall be limited to 20% of
the aggregate area. per tenant space.
21
ORD NO. 78-06
(10) Temporary Si2l1s:
(a) Temporary Non-Commercial Signs
1. Temporary non-commercial signs may be placed on public
rights-of-ways.
2. Each temporary non-commercial sign within a public right-
of-way shall be removed within ten (10) days after the date
of event, election or referendum. If said signs are not
removed prior to the expiration of the ten (10) day period,
the sign shall constitute an abandoned sign and the City shall
remove the sign
3. No temporary non-commercial sign shall exceed twelve
square feet (12 sq.ft.) per sign face in area on any private lot
or parcel.
4. Any temporary non-commercial sign in the public right-of-
way shall not exceed three square feet (3 sq.ft). No
temporary non-commercial sign shall be vlaced on any public
property. Signs may not be placed in a location that
constitutes a safety hazard or hindrance to pedestrian or
vehicular traffic.
(11) Tenant Panels: A change of a tenant panel in a directory sign, or a sign
which accommodates a tenant, is exempt from needing a permit provided that the sign was
permitted and there is no change in colors or letter style.
(I) Exempt Signs Requiring City Manager or his/her Designee's Approval:
(1) Wayfinder and Directional Signs within Public Rights-of-Way:
(a) the sign provides notice to the public of a public meeting or other
public event,
(b) An off-vremise sign designed to guide or direct pedestrians or
vehicular traffic and it also may include kiosks that provide information of general benefit to the
community, and
22
ORD NO. 78-06
(c) the sIgn, if allowed for a limited time, will meet the following
criteria:
1. the signs will not conceal or obstruct adjacent land uses or
signs,
2. the signs will not conflict with the principal permitted use of
the site or adjoining sites,
3. the signs will not interfere with, obstruct vision of or distract
motorists, bicyclists or pedestrians, and
4. the signs will be installed and maintained in a safe manner.
5. The approval, or disapproval, of such signs shall not be
based on the content of the message contained (i.e., the
viewpoint exvressed) on such signs. The City Manager or
his/her designee shall render a decision within ten (10) days
after an application is made for utilizing this sign type at a
special event. Such a decision shall be deemed an
administrative interpretation and any person adversely
affected has the right to appeal the decision to the City
Commission.
6. Directional signs shall be no greater than eight (8) inches by
thirty (30) inches per sign. The City Engineer must inspect
each proposed location for traffic obstruction.
(J) Prohibited Si2l1s: The following signs, or sign features, are prohibited within the
City of Delray Beach; however, exceptions as noted herein are allowed. It shall be unlawful for
any persons to erect vrohibited signs or use prohibited sign features. Further, any sign not
provided for, or expressly permitted by these LDRs is also Vrohibited.
(1) Banners and Wind Sips:
(a) Banners: Prohibited.
(b) Wind Sips: Prohibited.
(2) Off-Premise Si~ns: A sign, including building signs, that advertise an
establishment, merchandise, service, or entertainment which is sold, produced, manufactured, or
23
ORD NO. 78-06
furnished at a place other than the proverty on which the sIgn IS located, however, non-
commercial messages shall never be off-premises.
(3) Roof Signs: A sign erected on the roof, or above the roof line, or on the
parapet.
(4) Snipe Signs: Snipe signs are prohibited.
(5) Traffic Confusion: A sign or other advertising matter erected at the
intersection of any streets or in any street right-of-way in manner as to obstruct free and clear
vision; or at any location where, by reason of the position, shape, or color, it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign, a traffic signal, or traffic
device; or which makes use of the words "stop", "look", "drive-in", "danger", or any other
word, phrase, symbol, or character in a manner as to interfere with, mislead, or confuse
vehicular traffic.
(6) Vehicular Signs: Signs placed on vehicles or trailers that are parked in the
street, public right-of-way or on private property for the primary purpose of displaying the sign
for advertising a commercial enterprise.
(7) Waterbourne Si2ns: No sign or advertising shall be displayed on a vessel
plying the waterways, excluding, the identification of the vessel.
Section 2. That Section 4.6.7 (1)(8), "Commercial Signs in Public Rights-of-Way" of the
Land Development Regulations of the City of Delray Beach, Florida, be enacted to read as follows:
(8) Commercial Signs in Public Ri2hts-of-Way: Prohibited.
Section 3. That Section 4.6.7(K)-(O) of the Land Development Regulations of the City of
Delray Beach, Florida, be enacted to read as follows:
(K) Structural Standards: In addition to provisions of the Standard Building Code
and provisions of Chapter 7 of this Code, the following structural standards shall be required for
all signs erected in the City.
(1) Securin2 Si2Ds: Wall signs shall be securely attached to the building or
structure by means of metal anchors, bolts, or expansion screws. No wood blocks or anchorage
with wood used in connection with screws or nails shall be considered proper anchorage, except
in the case of wall signs attached to buildings or structures with walls of wood. No wall sign
shall be entirely supported by an unbraced parapet wall.
24
ORD NO. 78-06
(2) Wind Loading: Every sign shall be constructed in a manner as to
withstand 140 miles ver hour wind. Sign contractors or the owner shall submit plans showing
location, structural members, and design calculations for wind loading and for signs thirty-two
square feet (32 sq.ft.) or over, a certification sealed by a state registered engineer or architect
stating that the design will meet the requirements of this code shall be submitted. All sign
contractors shall sign a certificate stating wind loading will meet requirements of this chapter
where signs under thirty-two square feet (32 sq.ft.) are submitted.
(L) Removal of Signs:
(1) Removal and Disposition of Non-Complying Signs:
(a) It shall be unlawful to erect, use or maintain a sign or sign structure
when it does not comply with the requirements of Section 4.6.7. The City is authorized to
remove unlawful signs and sign structures pursuant to the provisions of Section 4.6.7.
(b) Unauthorized signs are subject to removal pursuant to the following
provIsIOns:
1. Temporary Signs.
(i) The City finds that, in view of the inexpensive nature
of these signs and the administrative burden which
would be imposed by elaborate procedural
vrerequisites prior to removal, any procedure other
than summary removal of these signs when
unlawfully erected and maintained would defeat the
purpose of regulating such signs. The City Manager
is hereby authorized to remove such signs when
unlawfully erected and maintained, subject to the
provisions contained below.
(ii) After removal of a sign pursuant to this section, a
notice will be sent, either in person or by first-class
postage, vrepaid, to the occuvant of the vroperty
from which the sign was removed, and if the sign
identifies a party other than the occupant of the
property, the party so identified. The notice shall
advise that the sign has been removed and shall state
that the sign may be retrieved within thirty (30) days
of the date of the notice, and that, if the sign is not
25 ORD NO. 78-06
retrieved within thirty (30) days, it will be disposed
of by the City.
(Hi) The City shall dispose of all unclaimed signs after the
expiration of the thirty (30) day period.
2. Permanent Signs.
(i) Signs and sign structures not subject to removal
pursuant to (i) above which are or have been erected
or maintained unlawfully, may be referred to the code
enforcement board for appropriate action or the City
may proceed to pursue all remedies available at law
or equity to it to remove signs or sign structures
which are or have been unlawfully erected or
maintained.
(2) Unsafe Si2ns: Notwithstanding the above provisions, any sign which is
declared to be a dangerous sign shall be removed or made to conform with the current building
code immediately, upon notice, by the Chief Building Official.
(M) Penalty: Section 10.99, "General Penalty" of the Code of Ordinances of the City
of Delray Beach shall apply.
(N) Procedure to Appeal Permit Denial.
1. Permit application may be denied for the following reasons:
(a) The application for permit is not fully completed and executed;
(b) The apvlicant has not tendered the required avplication fee with the
application;
(c) The avplication for permit contains a material falsehood or
misrepresentation;
(d) The avplicant has not complied or cannot comply with applicable
licensure requirements, ordinances or regulations of the City.
2. If permit application was denied, it may be appealed to the Circuit Court of
Palm Beach County within thirty (30) days of the decision.
26
ORD NO. 78-06
(0) Severability:
(1) Generally. If any part, section, subsection, paragravh, subvaragraph,
sentence, phrase, clause, term, or word of this Article is declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, the declaration of such
unconstitutionality shall not affect the following subsections of this Article, Section
4.6.7(F)(7), "Design Standards Matrix" and Section 4.6.7(G), "Non-Commercial
Message" .
(2) Severability where less speech results. Without diminishing or limiting in
any way the declaration of severability set forth above in subsection (0)(1) or elsewhere
in this Article, this code, or any adopting ordinance, if any part, section, subsection,
paragraph, subparagravh, sentence, phrase, clause, term, or word of this Article is
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, the declaration of such unconstitutionality shall not affect Subsections
4.6.7(F)(7) and 4.6.7(G) of this Article, even if such severability would result in a
situation where there would be less speech, whether by subjecting previously exempt signs
to permitting or otherwise.
(3) Severability of prOVISIOns pertainin2 to prohibited si2Ds. Without
diminishing or limiting in any way the declaration of severability set forth above in
subsection (0) (1) or elsewhere in this Article, this code, or any adopting ordinance, if
any vart, section, subsection. paragraph, subparagraph, sentence, phrase, clause, term, or
word of this Article or any other law is declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, the declaration of such unconstitutionality
shall not affect any other part, section, subsection, paragraph, subparagraph, sentence,
phrase, clause, term, or word of this Article that pertains to prohibited signs, including
svecifically those signs and sign-types prohibited and not allowed under Subsection
4.6.7(1) is declared unconstitutional by the valid judgment or decree of any court of
comvetent jurisdiction, the declaration of such unconstitutionality shall not affect any part,
word or paragraph of Subsections 4.6.7(F)(7) and 4.6.7(G), thereby ensuring that sign
height, size and location continue to be regulated.
Section 4. That Appendix "A", "Definitions", of the Land Development Regulations of the City
of Delray Beach, Florida, shall be amended to read as follows:
ANIMATED SIGN: A sign which uses movement or change of lighting to depict action or to
create a special effect or scene.
AWNING SIGN: A tenant identification sign designed as part of the awning.
27
ORD NO. 78-06
BANNER: A temporary sign having the characters, letters, illustrations, or ornamentations
applied to cloth, paper, or fabric of any kind with only the material for a backing. "Banner" shall
include any animated or fluttering devices designed to attract attention
CANOPY SIGN: A pedestrian oriented sign which is suspended from, attached to, supported
from, or forms a part of a canopy.
CHANGEABLE COpy SIGN: A sign on which a message copy is changed through moveable
letters, numbers, etc.
CONSTRUCTION/DEVELOPl\fENT SIGN: A temporary sign identifying an iHchitect,
contractor, subcontractor, or developer on the property which is to be developed.
DIRECTIONAL SIGN: An on-premise, incidental sign designed to guide or direct pedestrians
or vehicular traffic.
DIRECTORY SIGN: A SIgn listing the tenant's names, locations, buildings or group of
buildings.
FLAG: A viece of cloth usually attached at one edge to a staff/pole or cord.
FLAT WALL SIGN: A sign erected parallel to the building to which it is attached, and
supported entirely by the fal;ade.
FREEST ANDING SIGN: A free-standing sign is not affixed to any other structure and is
limited to no more than two (2) faces. It may be either a pole sign or monument sign. All signs
erected on a pole shall have a pole cover. All free-standing signs shall contain the street number.
GASOLINE PRICING SIGN: A sign incorporated into a gasoline station identity sign, for
display of the price changes.
HEIGHT (OF A SIGN): The vertical distance measured from the highest point of the sign, to
the grade at the base of the sign.
IDENTIFICATION SIGN: A sign, indicating the name of the primary use.
ILLEGAL SIGN: A sign which does not meet the requirements of this code and which has not
received legal nonconforming status.
ILLUMINATED SIGN: A sign with an internal or external artificial light source.
28
ORD NO. 78-06
MARQUEE SIGN: A sign attached to or supported by a marquee structure, which IS a
permanent roof-like structure or canopy extending from the fa9ade of the building.
MENU BOARD SIGN: A changeable copy sign for displaying a menu selection and pricing of
the items for sale.
MONUMENT SIGN: A freestanding low profile sign with the sign area at the top of a solid
base.
NAMEPLATE SIGN: A non-electric, on-premise identification sign giving only the name,
address and/or occupation of the occupants.
NON-COMMERCIAL SIGN: A temvorary sign erected for purposes other than advertising a
commercial business.
NONCONFORMING SIGN: A sign which was erected legally but no longer complies with the
current sign code regulations.
OFF-PREMISE SIGN: A sign advertising a business which is not located on the property
where the sign is located.
PAINTED WALL SIGN: A sign applied with paint or similar substance on the face of a wall.
POLE SIGN: A freestanding sign that has the sign area at the top of a pole.
POLITIC.A~L SICN: .^.. temporary sign erected by a political candidate, or a proponeHt or
opponeHt to a referendum, or group or agent thereof for political p\:1rposes directed toward the
ultimate exercise of voting by the general public in connection with local, state or national
electioBs.
PORTABLE SIGN: Any sign designed to be easily moved, such as a sidewalk or sandwich
boards sign, and is not permanently affixed to the ground or to a building.
PROJECTING SIGN: A sign which is attached at a right angle to the outside wall of the
building
REAL ESTATE SIGN: Any temporary sign advertising the real estate where the sign is placed,
stating as being for sale, rent or lease.
29
ORD NO. 78-06
ROOF SIGN: A sign which projects above the roof line or is located on the roof of the building
structure.
SIGN: Any device, structure or fixture using graphics, symbols or written copy designed to
advertise or identify an establishment, product, goods or services.
SIGN AREA: The sign area shall be the area of a rectangle enclosing all lettering, illustrations,
ornamentation and logos which forms an integral part of the display, or differentiates the display
area from the background on which it is placed.
SNIPE SIGN: Any sign located in the public right-of-way or placed in the ground for
commercial purposes, excluding garage sales, yard sales, homeowners and civic meeting signs.
SUBDIVISION ENTRANCE SIGN: An entrance sign identifying the name of the subdivision
or residential development.
TEMPORARY SIGN: Any sign erected for a limited time period not to exceed six (6) months.
UNDER-CANOPY SIGN: A sign attached or suspended under the canopy or roof of a
walkway.
WALL SIGN: A sign painted or attached parallel to the outside of a building.
W A YFINDER SIGNS: An off-premise sign designed to guide or direct pedestrians or vehicular
traffic.
WIND SIGN: Signs consisting of banners, pennants, ribbons, spinners, streamers, balloons, or
other objects or material fastened in such a manner as to move upon being subjected to pressure
by wind.
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
division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part
declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be
separate from one another and any part declared to be invalid or unconstitutional shall not effect the
validity of any remaining portions of the ordinance.
Section 6.
That all ordinances in conflict herewith be, and the same are hereby repealed.
Section 7.
That this ordinance shall become effective immediately upon
30
ORD NO. 78-06
PASSED AND ADOPTED in regular session on second and fmal reading on this the day of
,2006.
ATTEST:
MAYOR
City Clerk
First Reading:
Second Reading:
31
ORD NO. 78-06
PLANNIN
MEETING DATE:
NOVEMBER 20, 2006
V.C.
AGENDA NO:
AGENDA ITEM:
CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS (LDRs) CHAPTER 4, REPEALING
SECTION 4.6.7 "SIGNS" IN ITS ENTIRETY, ENACTING A NEW SECTION
4.6.7 "SIGNS" AND AMENDING APPENDIX A "DEFINITIONS" RELATING
TO SIGNS.
The item before the Board is that of making a recommendation to the City Commission regarding
City-initiated amendments to the land Development Regulations to accommodate revisions to the
sign code and related definition section.
Pursuant to Section 1.1.6, an amendment to the text of the land Development Regulations may not
be made until a recommendation is obtained from the Planning and Zoning Board.
Recent case law from the Eleventh Circuit Court has found that the regulation of signage cannot be
based on sign content. The proposed amendment is a complete rewrite of the sign code to eliminate
any reference to regulations pertaining to sign content. The code has also been rewritten to be more
user friendly, additional language has been added to define "flags" and "noncommercial signs" and
definitions have been deleted for "Construction/development sign" and "political sign". Clarification
language has been added to the adopting ordinance whereas clauses and severability language has
been included to provide protection should the ordinance be legally challenged. The following is a
summary of the specific changes by lOR section.
1. New Section 4.6.7(E) is "Sign Design Standards", which used to be 4.6.7(F) and old Section
4.6.7(E) was "Signs Requiring Permits" and is now 4.6.7(F) (they were just moved around but
there was no change in substance).
2. Removed "Grand Opening Portable Signs" - old 4.6.7(E)(3)(d). "Ground Signs", old 4.6.7(E)(3)(e)
and "Historic Signing", old 4.6.7(E)(3)(f) and "Menu Board Signs", old 4.6.7(E)(3)(g). "Parking
Area Signs", old 4.6.7(E)(3)U) and "Temporary Construction/ Development Signs", old
4.6.7(E)(3)(o), in order to avoid regulation of speech by removing any reference to the content of
the sign.
3. "Non-Residential Real Estate Signs", 4.6.7(E)(3)(i) is moved to 4.6.7(H)(7)(a), but there were no
changes to the substance.
4. Removed reference to "Flags of Service or Civil Organizations" from old 4.6.7(H)(3)(c). Removed
"Other Temporary Signs" from old 4.6.7(H)(9)(b). Removed "City Civil Signs" from old 4.6.7(1)(1).
Removed reference to "Temporary Political Signs" under 4.6.7(H)(1) and renamed, "Temporary
Non-Commercial Signs" in order to avoid regulation of speech by removing any reference to the
content of the sign.
V.C
Planning and Zoning Board Memorandum Staff Report, November 20, 2006
Amendment to LDRs Pertaining to Sign Code LDR Section 4.6.7
Page 2
5. Added prohibition on "Commercial Signs in Public R-O-W" under 4.6.7(J)(8). This was to clarify
that snipe signs are prohibited (no change, just clarifies).
6. Added 4.6.7(0), "Severability" to provide that if any portion of the sign code is found to be
unconstitutional then only that portion should be deleted and the rest of it will remain valid and in
effect.
7. Added definitions for "Flag" and "Non-Commercial Sign", to provide clear definitions of same and
removed definitions for "Construction/Development Sign" and "Political Sign" because these
provisions were removed due to the fact that they were content based.
Overall, the changes were made in order to make the sign code more user-friendly and in order to
remove (to the extent that it was possible) any reference to the content of a sign by removing and/or
renaming content-based descriptions in order to comply with the Solantic case.
REQUIRED FINDINGS
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 objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable Objectives and Policies were noted:
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.
The purpose of the amendment is to make the sign code complaint with current case law. While
compliance with case law is not specifically mentioned in the Goals, Objectives, and Policies section
of the Comprehensive Plan it is not inconsistent with them.
Further, the amendment proposes modifications which are required to bring the Based on the above,
a positive finding can be made that the amendments are consistent with and further the Goals,
Objectives, and Policies of the Comprehensive.
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
. Progressive Residents of Delray (PROD)
. President's Council
. Neighborhood Advisory Council
Planning and Zoning Board Memorandum Staff Report, November 20,2006
Amendment to LORs Pertaining to Sign Code LOR Section 4.6.7
Page 3
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
The purpose of this City-initiated LDR text amendment is to replace the existing sign code to
eliminate any reference to regulations pertaining to sign content and to make it more user friendly.
Positive findings can be made with respect to LDR Section 2.4.5(M)(5) and the proposed amendment
is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
Recommend to the City Commission approval of the City-initiated amendments to LDR Chapter 4,
repealing Section 4.6.7 "Signs" in its entirety, enacting a new Section 4.6.7 "Signs" and amending
Appendix A definitions section of the Land Development Regulations, by adopting the findings of fact
and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development
Regulations.
Attachment:
. Proposed Ordinance
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT
REGULATIONS BY
AMENDING ZONING
REGULATIONS BY
REPEALING SECTION 4.6.7,
"SIGNS" IN ITS ENTIRETY
AND ENACTING A NEW
SECTION 4.6.7, "SIGNS", IN
ORDER TO PROVIDE A
SINGLE, COMBINED AND
UPDATED SIGN CODE, AND
AMENDING APPENDIX "A"
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The City Commission of the City of Dclray Beach, Florida, proposes to adopt the
following ordinance:
ORDINANCE NO. 78-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULA-
TIONS OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER FOUR,
"ZONING REGULATIONS", BY REPEALING SECTION 4.6.7, "SIGNS", IN ITS
ENTIRETY AND ENACTING A NEW SECTION 4.6.7, "SIGNS", IN ORDER TO
PROVIDE A SINGLE, COMBINED AND UPDATED SIGN CODE; AMEND1NG
APPENDIX "A", "DEFINITIONS". TO PROVIDE UPDATED DEFINlTIONS
RELATING TO SIGNS; PROVIDING A SAVING CLAUSE. A GENERAL
REPEALER CLAUSE,AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the purpose of
acccpting public testimony regarding the proposed ordinance. The tjrst Public
Hearing will be held on TUESDAY. DECEMBER 5. 2006. AT 7:00 P.M. .in the
Commission Chambers at City Hall, 00 RW. 1st Avenue, Delray Beach, Florida. [f
the proposed ordinance is passed on first reading, a second Public Hearing will be
held on TUESDAY. ,JAN(JARY 2. 2007. AT 7:00 P.M. (or at any continuation of
such meeting which is set by the Commission) in the Commission Chambers at City
Hall, 100 N.W. 1st Avenue, Delroy Beach, Florida.
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All interested citizens are invited to attL'11d 1he public hearings and comment upon the
proposed ordinance or submit their comments in writing on or before the d1Ite of
these hearings to the Planning and Zoning Department. For further infonnation or to
obmin a copy of the proposed ordinance. please contact the Planning and Zoning
Department. City Hall. 100 N.W. 1st Avenue, Delray Beach, Florida 33444 temail at
pzmail@mydelraybeach.com) or by calling 561/243-7040), between the hours of
8:00 a.m. and 5:00 p.m.. Monday through Friday, excluding holidays.
Please be advised that if a person decides to appeal any d~'Cision made by the City
Commission with respect to any mutter considered at thl'Se hearings. such person
may need to ensure that a verbatim record includes ihe tesiimony and evidence upon
which the appeal is to be based. The City does not provide nor prepare such record
pursuant to F.S. 286.0105.
CITY OF DEI.RAY BEACH
Chevelle D. Nubin, CMC
City Clerk
PUBLISH: Monday, November 27. 2006
Tuesday, D~'Cember 26. 2006
BOCA RATON NEWSiDELRA Y BEACH NEWS
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FROM:
DAVID T. HARDEN, CITY MANAGER
MARK MCDONNELL, ,AIj:P, A.C1;ING DIRECTOR OF PLANNING AND
ZONING .7J1~ -j,A~ I'J
SCOTT PAPE, AICP, SENIOR PLANNER /\JT
MEETING OF DECEMBER 5, 2006
CITY INITIATED 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.
TO:
THRU:
SUBJECT:
The properties associated with the city initiated rezoning have a mixture of business and
professional offices, retail, automotive sales, and automotive repair uses. The proposed
rezoning was originally initiated in part by a private party and in part by the City. The portion
of the property (G.C. Taylor Automobile Dealership) subject to the proposed rezoning was
privately initiated. The applicant withdrew the request for the rezoning of this property at the
Planning and Zoning Board meeting of July 17, 2006. Based on the analysis contained in the
attached staff report, the basis for the rezoning of this property remain~ valid, thus the City
has become the applicant for the rezoning of all properties. It is noted that at the request of
the property owner of the Acura of Delray Beach automobile dealership, their property was
removed from the rezoning request.
Additional background and an analysis of the rezoning are provided in the attached Planning
and Zoning Board staff report.
At its meeting of July 17, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the rezoning request. The Board expressed concerns with rezoning the two
automobile dealerships (Acura of Delray Beach) along the east side of NE 6th Avenue since it
would create nonconformities of this existing use.
The Board unanimously voted 5-0 (Kincaid absent, and Eliopoulos stepped down) to
recommend approval of the Rezoning from GC (General Commercial) and AC (Automotive
Commercial) to CBD (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 excluding the properties occupied by Acura of Delray Beach, by
adopting the findings of fact and law contained in the staff report, and finding that the request
and approval thereof is consistent with LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR
I().M
City Commission Documentation
Meeting of December 5, 2006
Rezoning for North Federal Highway
Page 2
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.
Move approval of 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 12 block
east of NE 6th Avenue excluding the properties occupied by Acura of Oelray Beach, by
adopting the findings of fact and law contained in the staff report, and finding that the request
and approval thereof is consistent with 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: Planning and Zoning Board Staff Report of July 17, 2006 and Ordinance
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REZONING
NORTH FEDERAL HIGHWAY AREA
CITY Of DELRA Y BEACH, FL
PLANNING c!c ZONING DEPARTMENT
m PROPOSED ZONING: CBD (CENTRAl BUSINESS DISTRICT)
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MAP REF: LM951 H
ORDINANCE NO. 69-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL)
DISTRICT IN PART AND GC (GENERAL COMMERCIAL) DISTRICT
IN PART TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND
BEING PARCELS OF LAND GENERALLY LOCATED BETWEEN NE
4TH STREET AND GEORGE BUSH BOULEVARD AND EXTENDING
FROM THE FEC RAILROAD TO APPROXIMATELY 'l2 BLOCK
EAST OF NE 6TH AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned AC (Automotive Commercial)
District in part and GC (General Commercial) District in part; and
WHEREAS, at its meeting of July 17, 2006, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0
to recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
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 Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of CBD (Central Business) District for the
property described in attached Exhibit "A", Legal Description.
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity ofthe remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon the effective date of
Ordinance No 38-06, under which official land use designation ofCC (Commercial Core) is affixed
to the subject parcel herein described.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 69-06
EXIllBIT "A"
LEGAL DESCRIPTION:
LOT 62, LESS ROAD RIGHTS-OF-WAY, IN McGINLEY & GOSMAN SUBDNISION, AS PER PLAT
THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM
BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 2, PAGE 87.
TOGETHER WITH:
THE NORTH 33.00 FEET OF LOT 40, LESS THE WEST 15.0 FEET FOR ROAD RIGHT-OF-WAY,
TOGETHER WITH THE NORTH 33.00 FEET OF LOT 41, TOGETHER WITH THE NORTH 33.00 FEET
OF THE WEST 25.90 FEET OF LOT 42, TOGETHER WITH THE WEST 25.90 FEET OF LOT 59 LESS
THE NORTH 8.00 FEET FOR ROAD RIGHT-OF-WAY, TOGETHER WITH LOT 60 LESS THE NORTH
8.00 FEET FOR ROAD RIGHT-OF-WAY, TOGETHER WITH LOT 61 LESS THE NORTH 8.00 FEET AND
THE WEST 15.00 FEET FOR ROAD RIGHT-OF-WAY OF McGINLEY AND GOSMAN'S SUBDNISION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 87 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE NORTH 33 FEET OF THE EAST 18 FEET OF LOT 42 AND THE NORTH 33 FEET OF LOTS 43
THROUGH 45, INCLUSNE, AND LOT 59, LESS THE NORTH 8 FEET AND THE WEST 27 FEET, AND
LOT 58, LESS THE NORTH 8 FEET FOR STATE ROAD RIGHT OF WAY, ALL OF McGINLEY AND
GOSMAN'S SUBDNISION, AS RECORDED IN PLAT BOOK 2, PAGE 87, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOTS 56 AND 57, OF McGINLEY'S AND GOSMAN'S SUBDNISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 87 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
TOGETHER WITH:
THE SOUTH 67 FEET OF LOTS 40, 41, 42, 43, 44 AND 45, McGINLEY AND GOSMAN SUBDNISION,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 87 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THAT PART OF LOT 40 AS CONVEYED TO
THE STATE ROAD DEPARTMENT OF THE STATE OF FLORIDA, AS IN OFFICIAL RECORD BOOK
463, PAGE 43, AND AS IN OFFICIAL RECORD BOOK 611, PAGE 728, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
3
ORD NO. 69-06
TOGETHER WITH THE NORTH ONE-HALF (N Yz) OF THAT CERTAIN ALLEY ABANDONED BY
RESOLUTION #2-74 OF THE CITY COUNCIL OF DELRAY BEACH, FLORIDA, DATED FEBRUARY 4,
1974, AND RECORDED IN OFFICIAL RECORD BOOK 2268, PAGE 1690, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SUBJECT TO EASEMENTS CONTAINED THEREIN.
AND:
LOT 15, LESS THE WEST 24 FEET THEREOF; LOTS 16, 17,28 AND 29, LOT 30, LESS THE WEST 24
FEET THEREOF; AND THAT PART OF THE SOUTH HALF OF THE ABANDONED RIGHT OF WAY
FOR N.E. 7th COURT ABANDONED BY CITY OF DELRAY BEACH RESOLUTION No. R-74-656
RECORDED IN OFFICIAL RECORDBOOK 2347, PAGE 604 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, LYING ADJACENT TO SAID LOTS 28, 29 AND LOT 30, LESS THE
WEST 24 FEET THEREOF, ALL LYING AND BEING IN McGINLEY AND GOSMAN'S SUBDIVISION
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 87 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
A PORTION OF LOT 1 AND NORTHEAST SIXTH STREET (FORMERLY KNOWN AS OCEAN
AVENUE), AS SHOW ON PLAT OF HOFFMAN ADDITION, IN THE CITY OF DELRAY BEACH,
FLORIDA, WHICH PLAT IS RECORDED IN PLAT BOOK 5, PAGE 3 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF SAID LOT 1 AT A POINT WHICH IS 10 FEET
WESTERLY FROM THE SOUTHEAST CORNER OF SAID LOT 1 MEASURED ALONG ITS SOUTH
LINE; THENCE RUN NORTH 1 DEGREE 08'05" WEST, PARALLEL TO AN 10 FEET WEST OF THE
EAST LINE OF SAID LOT 1, FOR A DISTANCE OF 247.67 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE EAST, AND HAVING A RADIUS OF 1940.08 FEET; THENCE RUN NORTHERLY
ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 77.14 FEET TO A POINT ON THE NORTH
LINE OF SAID LOT 1, WHICH POINT IS 8.47 FEET WESTERLY FROM THE NORTHEAST CORNER
OF SAID LOT 1 MEASURED ALONG ITS NORTH LINE; THENCE RUN WESTERLY ALONG THE
NORTH LINE OF SAID LOT 1 A DISTANCE OF 14.78 FEET MORE OR LESS TO THE NORTHWEST
CORNER OF SAID LOT 1; THENCE RUN SOUTHWESTERLY ALONG THE WEST LINE OF SAID LOT
1 AND THE SOUTHERLY EXTENSION THEREOF A DISTANCE OF 353.84 FEET MORE OR LESS, TO
ITS INTERSECTION WITH A LINE WHICH WAS THE FORMER CENTER LINIE OF NORTHEAST 6th
STREET; THENCE RUN EASTERLY ALONG SAID FORMER CENTER LINE A DISTANCE OF 70.42
FEET, MORE OR LESS, TO ITS INTERSECTION WITH A LINE WHICH IS 10 FEET WEST OF AND
PARALLEL TO THE EAST LINE OF SAID LOT 1, THENCE NORTHERLY ON SAID PARALLEL LINE
25 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
LOTS 14 THRU 19, LESS THE ROAD RIGHT-OF-WAY FOR N.E. 5th AVENUE (SOUTHBOUND U.S. #1)
AND LOTS 21 THRU 25, LESS THE ROAD RIGHT-OF-WAY FOR N.E. 6TH AVENUE (NORTHBOUND
4
ORD NO. 69-06
u.s. #1) ALL LYING IN HOFFMAN ADDITION, RECORDED IN PLAT BOOK 5, PAGE 3, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT 20 OF THE HOFMAN ADDITION TO DELRA Y, FLORIDA, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 5, AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, LESS THE EAST 5 FEET THEREOF AND FURTHER LESS THAT PORTION
THEREOF DESCRIBED AS FOLLOWS: FROM A POINT ON THE NORTH LINE OF SAID LOT 20,
LOCATED 5 FEET WESTERLY FROM THE NORTHEAST CORNER OF SAID LOT 20, RUN
WESTERLY FOR 14.84 FEET; THENCE RUN SOUTHEASTERLY ALONG A CURVE CONCAVE TO
THE SOUTHWEST AND HAVING A RADillS OF 15 FEET FOR 23.40 FEET THROUGH A CENTRAL
ANGLE OF 89 DEGREES 23 MINUTES 00 SECONDS TO A POINT ON A LINE PARALLEL TO AND 5
FEET WESTERLY FROM THE EAST LINE OF SAID LOT 20; THENCE RUN NORTH 01 DEGREE 08
MINUTES 35 SECONDS WEST ALONG SAID PARALLE LINE FOR 14.84 FEET TO POINT OF
BEGINNING.
SAID EXCLUDED PARCELS WERE CONVEYED TO THE STATE OF FLORIDA FOR RIGHT OF WAY
BY DEED RECORDED IN OFFICIAL RECORDS BOOK 428, AT PAGE 93, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOTS 36 AND 37, HOFMAN ADDITION TO DELRAY, PLAT BOOK 5, PAGE 3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, LESS THE WEST 5 FEET THEREOF AND LESS ADDITIONAL
RIGHT OF WAY FOR U.S. HIGHWAY #1.
TOGETHER WITH:
LOT 2 AND THE NORTH Y2 OF LOT 3, LESS THE EAST 10 FEET THEREOF AS DEEDED TO THE
STATE OF FLORIDA IN OFFICIAL RECORDS BOOK 563, PAGE 732, THE HOFMAN ADDITION TO
DELRA Y, FLA., ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF
THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK
5, PAGE 3.
TOGETHER WITH:
ALL OF LOT 4, AND THE SOUTH ONE-HALF (S Yz) LOT 3, LESS THE EAST 10 FEET THEREOF,
HOFMAN ADDITION TO THE CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
5
ORD NO. 69-06
LOT 5, AND THE NORTH ONE-HALF (N Y2) OF LOT 6, LESS THE EAST 10 FEET THEREOF, THE
HOFMAN ADDITION, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE
CLERK IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 5, PAGE 3.
TOGETHER WITH:
ALL OF THE PLAT OF DUBLIN PROPERTIES I, LTD. AS RECORDED ON MAY 22,1991 IN PLAT
BOOK 67, PAGE 203, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION
9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. BEING A REPLAT
OF A PART OF "HALLER & GROOTMAN'S SUBDIVISION" AS RECORDED IN PLAT BOOK 5, PAGE
4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, CITY OF DELRA Y BEACH,
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE SOUTH 200 FEET OF THE WEST 133 FEET OF PARCEL A, DANZANSKY PLAT, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 87 AT PAGE 28 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA..
TOGETHER WITH:
PARCEL A, LESS THE SOUTH 200 FEET OF THE WEST 133 FEET (NK/A PUBLIX LEASE PARCEL),
DANZANSKY PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 87 AT
PAGE 28 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
PARCEL 1: LOT 7 AND THE SOUTH ONE-HALF (S Y2) OF LOT 6, THE HOFMAN ADDITION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS THAT PORTION DEEDED TO THE STATE
OF FLORIDA FOR ROAD RIGHT -OF-WAY AS RECORDED IN OFFICIAL RECORDS BOOK 491 , PAGE
212, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH IMPROVEMENTS
THEREON.
PARCEL 2: THAT PORTION OF NORTHEAST FIFTH STREET EXTENDING WESTERLY FROM
NORTHEAST FIFTH AVENUE TO THE EASTERL Y LINE OF THE FLORIDA EAST COAST RAILROAD
RIGHT-OF-WAY; OTHERWISE DESCRIBED AS LYING BETWEEN LOT 7, THE HOFMAN ADDITION,
PLAT BOOK 5, PAGE 3 AND LOT 1 OF DRINKWATER'S ADDITION TO HIGHLAND PARK, PLAT
BOOK 2, PAGE 80, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE WEST TEN
(10) FEET THEREOF.
THE ABOVE DESCRIBED PROPERTY IS A PORTION OF THE RIGHT-OF-WAY ABANDONED BY
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRA Y BEACH, FLORIDA, PASSED AND
ADOPTED IN REGULAR SESSION ON THE 10TH DAY OF OCTOBER, 1966, AND RECORDED ONF
6
ORD NO. 69-06
OCTOBER 11, 1966, IN OFFICIAL RECORDS BOOK 1436, PAGE 155, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
PARCEL 3: LOT 1, BLOCK A, DRINKWATER'S ADDITION TO HIGHLAND PARK, DELRAY,
FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 2,
PAGE 80, LESS THE EAST 10 FEET OF LOT 1, ALSO LESS A PARCEL OF LAND IN LOT 1, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
FROM A POINT ON THE NORTH LINE OF SAID LOT 1, LOCATED 10 FEET WESTERLY OF THE
NORTHEAST CORNER OF SAID LOT 1, RUN WESTERLY ALONG SAID NORTH LINE FOR 14.84
FEET; THENCE RUN SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST AND
HAVING A RADIUS OF 15 FEET FOR 23.40 FEET THROUGH A CENTRAL ANGLE OF 89 DEGREES,
23 MINUTES 00 SECONDS TO A POINT ON A LINE PARALLEL TO AND 10 FEET WESTERLY FROM
THE EAST LINE OF SAID LOT 1; THENCE RUN NORTH 1 DEGREE 08 MINUTES 05 SECONDS WEST
ALONG SAID PARALLEL LINE FOR 14.84 FEET TO THE POINT OF BEGINNING; TOGETHER WITH
IMPROVEMENTS THEREON.
TOGETHER WITH:
LOT 2, LESS THE EAST 10 FEET THEREOF BLOCK "A", DRINKWATER'S ADDITION TO HIGHLAND
PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 80 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE WEST 10 FEET OF THE EAST 20 FEET OF LOT 3, BLOCK A, DRINKWATER'S ADDITION TO
HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE
80, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOTS 4 THROUGH 7, INCLUSIVE, BLOCK "A", LESS THE EAST 10 FEET THEREOF,
DRINKWATER'S ADDITION TO HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 2, PAGE 80, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
LOT 8 AND 9, LESS THE EAST 10 FEET THEREOF, FOR ROAD RIGHT OF WAY AND ALSO LESS
THAT PORTION OF LOT 9 FOR ADDITIONAL RIGHT OF WAY, AS SHOWN IN STATE ROAD RIGHT
OF WAY MAP RECORDED IN ROAD PLAT BOOK 2, PAGE 215, ALL IN BLOCK A, OF
DRINKWATER'S ADDITION TO HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 2, PAGE 80. ALL OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
7
ORD NO. 69-06
TOGETHER WITH:
LOTS 19,20,21,22,23,24 AND 25 OF HALLER AND GROOTMAN'S SUBDIVISION, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 4, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; LESS THAT PORTION THEREOF TAKEN FOR ROAD WIDENING AS
SHOWN ON STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP-SECTION No.
9301-206, ROAD No.5 (U.S. HIGHWAY No.1) SHEET 5 OF 6; AND LESS THEREFROM THE
FOLLOWING DESCRIBED PROPERTY:
A PARCEL OF LAND IN LOT 19, HALLER AND GROOTMAN'S SUBDIVISION, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 5, AT PAGE 4, PALM BEACH COUNTY PUBLIC
RECORDS, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
FROM A POINT ON THE NORTH LINE OF SAID LOT 19, LOCATED 5 FEET EASTERLY FROM THE
NORTHWEST CORNER OF SAID LOT 19, RUN EASTERLY ALONG SAID NORTH LINE FOR 15.16
FEET; THENCE RUN SOUTHWESTERLY ALONG A CURVE CONCAVE TO THE SOUTHEAST AND
HAVING A RADIUS OF 15 FEET FOR 23.72 FEET THROUGH A CENTRAL ANGLE OF 90037'00" TO A
POINT ON A LINE PARALLEL TO AND 5 FEET EASTERLY FROM THE WEST LINE OF SAID LOT 19;
THENCE RUN NORTH 01008'35" WEST ALONG SAID PARALLEL LINE FOR 15.16 FEET TO THE
POINT OF BEGINNING.
TOGETHER WITH:
LOTS 26 AND 27, HALLER AND GROOTMAN'S SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 5 AT PAGE 4 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
8
ORD NO. 69-06
\
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 ~
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.S.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 CSD 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 ST ANDAROS:
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 S. 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 CBD zoning district.
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 Policv 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 CBD.
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 S. 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. II 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. II
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 S, Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal rlighway
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 Obiective 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 CSD will encourage the development of mixed use and
residential projects by increasing the allowed density.
Housing 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 S 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 LDR
Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to
issuance of a building permit for each 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 5 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 Rezonina 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 5 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)
CSD
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 CSD zoning
district contains development regulations that address the compatibility with less
intensive zoning districts.
Section 2.4.5(DlC5) (Rezonina Findinas):
Pursuant to Section 2.4.5(D)(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 CSD 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 S 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 A~ency (CRA):
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), LOR 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.
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 S Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 9
Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning
Findings), LDR Section 3.1.1 (Required Findings), LDR 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), LDR Section 2.4.5(D)(5) (Rezoning
Findings), LDR Section 3.1.1 (Required Findings), LDR 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 CBD (Central Business
District), for properties located between NE 4th Street and George Bush Boulevard and
extending from the FEC Railroad to approximately }'2 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), LDR Section 2.4.5.(D)(5)
(Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR 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
ceo.
In
CITY OF DELRAY BEACH
NOTICE OF PROPOSED
REZONING AND PLACING
LAND PRESENTLY ZONED
AC (AUTOMOTIVE
COMMERCIAL) DISTRICT
IN PART AND GC (GENERAL
COMMERCIAL) DISTRICT
IN PART TO CBD (CENTRAL
BUSINESS) DISTRICT
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The City Commission of the City ofDelray Beach, Florida, proposes to adopt
the following ordinance:
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ORDINANCE NO. 69-06
AN ORDINANCE Of' THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH. FLORIDA, REZONING AND PLACING l.AND
PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT IN
PART AND GC (GENERAL COMMERCIAL) DISTRICT IN PART TO CBD
(CENTRAL BUSINESS) DISTRICT; SAID LAND BEING PARCELS OF
LAND GENERALLY LOCATED BETWEEN NE 4TH STREET AND
GEORGE BUSH BOULEVARD AND EX 'TENDING FROM THE FEC
RAILROAD TO APPROXlMATElY \'i BLOCK EAST OF NE 6TH
AVENUE. AS MORE PARTICULARLY DESCRIBED HEREIN; AMEND-
ING "ZONING MAP OF DELRAY BEACH, FLORIDA. MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE.
AND AN EFFECTIVE DATE.
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The City Commission will conduct two (21 Public Hearings for the purpose of
accepting public testimony regarding the proposed ordinance. The first Public
Hearing will be held on TUESDAY. DECEMBER 5. 2006. AT 7:00 P.M. in
the Commission Chambers at City Hall, 100 N.W. IstAvenue. Delray Beach,
Florida. If the proposed ordinance is passed on first reading, a second Public
Hearing will be held on TUESDAY. JANUARY 2. 2007. AT 7:00 P.M. (or at
any continuation of such meeting which is set by the Commission) in the
Commission Chambers at City Hall, 100 N. W. I st Avenue. Delray Beach,
Florida.
All interested citizens are invited to attend the public hearings and comment
upon the proposed ordinance or submit their comments in wTiting on or before
the date of these hearings to the Planning and Zoning Department. For further
information or to obtain a copy of the proposed ordinance. please contact the
Planning and Zoning Department, City Hall. .100 N.W. 1st Avenue, Delray
Beach, Florida 33444 (email at pzmail@mydelraybeach.eom) 01' by calling
56If243-70401. between the hours 01'8:00 a.ln. and 5:00 p.m., Monday through
Friday. excluding holidays.
Please be advised that if a person decides to appeal any decision made by the
City Commission with respect io any matter considered at ihese hearings, such
person may need to eusure that a verbatim record includes the t0still1ony and
evidence upon which the appeal is to be based. The City does 110t provide nor
prepare such record pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
Chevel1e D. Nubin, CMe
City Clerk
PUBLlSH: Monday. November 27.2006
Tuesday. December 26, 2006
BOCA RATON NEWS/DELRAY BEACH NEWS
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SUBJECT:
DAVID T. HARDEN, CITY MANAGER -,J , /J. 1..1
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PAUL DORLlNG, DIRECTOR 0 PLA G 0 ZONING
DERRICK L. COOK, PLANNE
MEETING OF DECEMBER 5, 2006
CONSIDERATION OF A PRIVATELY SPONSORED REZONING FROM GC
(GENERAL COMMERCIAL) TO AC (AUTOMOTIVE COMMERCIAL) FOR A
6.28 ACRE PARCEL LOCATED ON THE EAST SIDE OF FEDERAL HIGHWAY
AND THE WEST SIDE OF FLORIDA BOULEVARD (FORMERLY THE RALPH
BUICK DEALERSHIP).
The 6.28 acre property is the former location of the Ralph Buick auto dealership which occupied
the site since October 1, 1972. In October 2005, a rezoning request was submitted by New
Century Development Group for rezoning of the property from AC (Automotive Commercial) to
GC (General Commercial). The purpose of the rezoning was to allow for the establishment of a
mixed-use development consisting of 13,781 square feet of retail floor area, 13,900 square feet
of office floor area, 16 condominium dwelling units, and 59 townhouse dwelling units. On
January 3, 2006, the City Commission approved the rezoning of the property from AC to GC. A
conditional use for the stand-alone town home component of the project was approved by the
City Commission at its April 4, 2006 meeting. The Site Plan Review and Appearance Board
(SPRAB) approved the Class V site plan to establish the Royal Palm Club project on April 24,
2006.
The applicant has requested that the property be rezoned back to its original zoning of AC,
because the approved Royal Palm Club project will not be developed.
At its meeting of November 20, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the AC rezoning request. There were two people from the public that spoke in
support of the rezoning. After reviewing the staff report and discussing the proposal, in the
absence of Mr. Gary Eliopoulos, Mr. Chuck Halberg, and Mr. Nelson McDuffie, the Board voted
4-0 to recommend approval of the rezoning request to the City Commission, 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 the criteria set forth in Sections 3.1.1, 3.2.2, and
2.4.5(D)(5) of the Land Development Regulations.
Approve on first reading Ordinance 79-06 for a rezoning from GC to AC, 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 criteria set forth in Sections
3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations, with second reading to
occur on January 2,2007.
Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of November 20,2006
12./t
ORDINANCE NO. 79-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GENERAL COMMERCIAL (GC) DISTRICT TO
AUTOMOTIVE COMMERCIAL (AC) DISTRICT; SAID LAND BEING
A PARCEL LOCATED AT THE NORTHEAST CORNER OF SOUTH
FEDERAL HIGHWAY (U.S. HIGHWAY NO.1) AND FLADELL'S
WAY (AVENUE "F"), AS MORE P ARTICULARL Y DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, "MARCH 2006" PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned General Commercial (Ge)
District; and
WHEREAS, at its meeting of November 20, 2006, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
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 Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of Automotive Commercial (AC) District
for the following described property:
Lots 12 through 22, inclusive, less the West 38 feet thereof, Block 22; Lots 23 through 33,
inclusive, Block 22; all of Block 23, less the West 38 feet thereof; Lots 1 through 10
inclusive, and Lots 57 through 66, inclusive, Block 35; and Lots 12 through 33, inclusive,
Block 36, all lying in Del-Raton Park, according to the plat thereof as recorded in Plat Book
14, Page 9, Public Records of Palm Beach County, Florida.
Together With
That portion of Frederick Boulevard lying adjacent to and East of the East line of Lots 11
through 20, Block 23, and Lots 23 through 33, Block 22, and adjacent to and west of the
west line of Lots 1 through 10, Block 35, and Lots 12 through 22, Block 36, of "Del-Raton
Park", according to the Plat thereof as recorded in Plat Book 14, Page 9, Public Records of
Palm Beach County, Florida.
Together With
That part of the right-of-way of Avenue "E", according to the Plat of "Del-Raton Park"
recorded in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida, said part
being bounded as follows: On the west by the present easterly right-of-way of US Highway
No.1 (S.R. 5); on the East by the westerly right-of-way line of Florida Boulevard; as shown
on said plat; on the North by Blocks 22 and 36 of said plat by a portion of the abandoned
right-of-way of Frederick Boulevard; on the south by Blocks 23 and 35 of said plat and by a
portion of the abandoned right-of-way of Frederick Boulevard.
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon passage on second
and final reading.
2
ORD NO. 79-06
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD NO. 79-06
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
November 20,2006
V.B.
---STAFF REPORT---
Rezoning from GC (General Commercial) to AC (Automotive Commercial) for a
6.28 acre Parcel of Land Located on the northeast corner of South Federal
Highway and Fladell's Way, formerly Ralph Buick Dealership.
GENERAL DATA:
Owner... ............. ........... .......... Zoberman, LLC
Agent.............................. ........ Weiner & Aronson, P.A.
Applicant........................... ...... Zoberman, LLC
Location.................................. Northeast corner of South Federal
Highway and Fladell's Way
Property Size.......... ................ 6.28 Acres
Land Use Map Designation.... General Commercial
Existing City Zoning................ GC (General Commercial)
Proposed City Zoning............. AC (Automotive Commercial)
Adjacent Zoning............North: PC (Planned Commercial)
East: RM (Medium Density Residential)
South: SAD (Special Activities District)
West: AC (Automotive Commercial)
Existing Land Use.................. Vacant buildings
Proposed Land Use................ Rezoning of the parcel from GC to
AC
Water Service......................... Available via connection to an
existing 16" and 10" water main
within Florida Boulevard.
Sewer Service........................ Available via connection to an
existing 8" sewer main within
Florida Boulevard.
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The action before the Board is making a recommendation to the City Commission on a
privately-initiated rezoning from GC (General Commercial) to AC (Automotive Commercial),
pursuant to LOR Section 2.4.5(0).
The subject property is located on the east side of Federal Highway and the west side of Florida
Boulevard at 1020 South Federal Highway and contains 6.28 acres.
Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to the
rezoning of any property within the City.
The 6.28 acre property is the former location of Ralph Buick auto dealership which occupied the
site since October 1, 1972, in four separate buildings.
In October 2005 a rezoning request was submitted by New Century Development Group. At its
November 11, 2005 meeting, the Planning and Zoning Board recommended approval of
rezoning of the property from AC (Automotive Commercial) to GC (General Commercial). On
January 3, 2006, the City Commission approved the rezoning of the property from AC to GC.
The approval of the rezoning was to allow for the establishment of a mixed-use development,
which was to be known as Royal Palm Club that consisted of 13,781 square feet of retail floor
area, 13,900 square feet of office floor area, 16 condominium dwelling units, and 59 townhouse
dwelling units. The commercial component of the development faced Federal Highway and the
townhome uses faced Florida Boulevard adjacent to the residential uses east (rear) of the
property. The stand-alone town home component is a conditional use within the GC district, and
was approved by the City Commission at its April 4, 2005 meeting. At its April 24, 2005 meeting,
the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan to
establish the Royal Palm Club project.
The proposed development by New Century Development Group is no longer being considered
and the owner of the property is seeking to reestablish the automotive dealership use. As auto
dealerships are not allowed use under the GC zoning designation, a rezoning to AC is being
requested.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body which has the authority to approve or deny
the development application. These findings relate to the Future Land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the Land
Development Regulations.
P & Z Staff Report - November 20, 2006 Meeting
Ralph Buick Rezoning - GC to AC
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 subject property has a Future Land Use Map (FLUM) designation of GC (General
Commercial) and is currently zoned GC (General Commercial). The proposed AC zoning
designation (Automotive Commercial) is consistent with the GC Future Land Use Map
designation, and the AC zoning category allows automotive related uses. Based upon the
above, positive findings can be made with respect to Future Land Use Map Consistency.
Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future 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 in order to maintain the Levels of Service Standards established in Table CI-
GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach.
The proposal involves amending the zoning designation from GC to AC. The current zoning of
GC allows a great variety of uses; however none of these uses have been established. The last
use for the property was the Ralph Buick dealership, which has occupied the site within the last
five years. For concurrency purposes, an. analysis of the last use and the proposed use under
AC would represent similar intensities. When directly comparing the approved use or other uses
allowed under the GC versus those allowed under the AC, a net reduction in intensity is likely.
Thus, concurrency standards will not be negatively impacted. Concurrency findings with respect
to Water and Sewer, and Traffic are further discussed below:
Water & Sewer: Water and sewer service is currently available to the subject property. The
Delray Beach Water Treatment Plant and the South Central County Waste Water Treatment
Plant both have adequate capacity to serve the City at build out. An existing 16" water main
exists along Federal Highway and a 10" water main along Florida Boulevard. An 8" sewer main
is also available along Florida Boulevard. Based upon the above, positive findings can be made
with respect to this level of service standard.
Traffic: The last use for the property was Ralph Buick dealership, which occupied the site
within the last five years. For traffic concurrency purposes, the last use, if active within the last
five years, is the vested development potential for the site. The reestablishment of the
dealership use at its original intensity would result in no concurrency issues. If redevelopment of
the dealership at a greater intensity is proposed, a traffic study would be required with the
related site plan submittal.
Consistency: A finding of overall consistency may be made even though the action will
be in conflict with some individual performance standards contained within Article 3.2,
provided that the approving body specifically finds that the beneficial aspects of the
proposed project (hence compliance with some standards) outweighs the negative
impacts of identified points of conflict.
Section 3.2.2 (Standards for Rezonina Actions): Standards A and B 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.
P & Z Staff Report - November 20. 2006 Meeting
Ralph Buick Rezoning - GC to AC
Page 3
(0) 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 table identifies the zoning designations and uses that are adjacent to the subject
property:
Zonina Desianation:
Use:
North:
Planned Commercial (PC) and Medium
Density Residential (RM)
Special Activities District (SAD) and Medium
Density Residential (RM)
Medium Density Residential (RM)
Automotive Commercial (AC)
Shopping Plaza and Residential
South:
Commercial and Single and Multi-
Family Developments
Multi-Family Developments
Automobile Dealerships
East:
West:
The proposal will rezone 6.28 acres from GC to AC. Since the FLUM designation for the
proposed rezoning property and the surrounding areas to the west, north, and south is GC,
there are no compatibility issues. However to the east (rear), the property is adjacent to
residential uses. The reestablishment of the automotive dealership creates some concerns with
respect to compatible with the residential use, specifically as it relates to noise. Within the AC
zoning district auto repair is allowed as an accessory use with an automotive dealership use.
The repair shop element of an auto dealership would produce noises which could adversely
impact the residential area. Many dealerships also have outside public announcement systems
for paging purposes. As it relates to the Ralph Buick facility, the public announcement
mechanism was previously removed at the request of the abutting residential community to
alleviate to noise impact. With the reestablishment of the use, these issues must be reviewed
and steps taken to minimize any adverse impact. The AC designation will allow the
reestablishment of this use which has occupied the site for many years and with sensitive site
planning should not adversely affect the surrounding properties that consist of other commercial
uses to the north, south, west and primarily multiple family developments to the east. Based
upon the above, positive findings with regard to LDR Section 3.2.2(D) could be made.
Section 2.4.5(O}(5) (Rezonina Findinas):
Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Chapter 3, 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.
The applicant has submitted a justification statement, which states the following:
P & Z Staff Report - November 20,2006 Meeting
Ralph Buick Rezoning - GC to AC
Page 4
Reason A is met. The zoning has been previously changed from AC to GC by a Contract
Vendee. However, that Contract Vendee has decided not to purchase the property so the owner
is seeking to rezone the property back to its original AC zoning.
Reason B is also met as there has certainly been a change in circumstances which makes the
current zoning GC inappropriate. The residential market has clearly changed throughout the
south Florida and Delray Beach so that current zoning, permitted residential units, is no longer
appropriate.
Reason C has also been met because the requested zoning if of similar intensity as allowed
under the Future Land Use Map and is more appropriate for the property based upon the
circumstances particular to the site and the neighborhood. The current site is currently a vacant
automotive dealership. Policy A-2.4 of the Future Land Use Element of the Comprehensive Plan
indicates that automobile uses are significant land uses within the City. Objective A-1 of the
Future Land Use Element of the Comprehensive Plan states that property shall be redeveloped
in a manner so that the use and intensity is appropriate and complimentary to adjacent land
uses and fulfills remaining land use needs. An A C zoning designation would be complimentary
to the surrounding auto dealers.
Additionally, the requested zoning of AC is similar intensity as allowed under the Future Land
Use Map. In fact, the Future Land Use Map designation of GC is consistent with AC zoning
district. This, an AC zoning designation is appropriate for the property based upon the
circumstances particular to the site and/or neighborhood.
Therefore, as each of these reasons for approving a change are met, this rezoning to AC should
be approved.
While an argument can be made that A has been met, that does not apply to B. General
Commercial allows many uses other than residential, therefore, arguments narrowly focused on
the state of the residential market are irrelevant. With respect to reason C, while the use may be
of similar intensity and compatible with the adjacent dealerships, it continues to be a concern as
it relates to the adjacent residential uses to the east.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and policies are noted.
COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the
adopted Comprehensive Plan was conducted and the following applicable objectives and
policies 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 in terms of soil, topographic
and other applicable physical considerations; is complimentary to adjacent land uses;
and fulfills remaining land use needs.
The proposed AC zoning will be complementary with the current uses to the north, south, and
west of the property, which consist of commercial uses. Even though the properties to the east
are residentially zoned and contain several residential uses, they are buffered by a landscape
strip, a masonry wall, and Florida Boulevard which helps mitigate the commercial impact of the
AC. Additional mitigation measures would be reviewed during the site plan approval process.
P & Z Staff Report - November 20, 2006 Meeting
Ralph Buick Rezoning - GC to AC
Page 5
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 apply:
4) Automobile dealerships shall be directed in the following areas:
. North of George Bush Boulevard, between Federal and Dixie Highway;
. East side of Federal Highway north of the north property line of the Delray Swap
Shop/Flea Market;
. South of Linton Boulevard, between Federal and Dixie Highway;
. 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;
. On the north side of Linton Boulevard; between 1-95 and S.W. 10th Avenue, and
Wallace Drive.
The proposed rezoning of the property to AC does not meet this City's Comprehensive Plan
Policy to guide AC uses to specific locations. This property is located south of Linton Boulevard
but not between Federal Highway and Dixie Highway. When the Comprehensive Plan Policy
was adopted, the property contained a long standing auto dealership. The intent of the policy
was to prevent further introduction of AC uses east of Federal Highway and probably to prevent
the expansion of existing dealerships in the area. Even though the property does not meet this
criterion, it does meet other elements of the Comprehensive Plan as it relates to consistency. A
finding of consistency can be made with partial compliance with some Objective, Policies, and
Goals. Given the long utilization of the property for this use and that no additional expansion
(land use) is proposed, it appears appropriate to allow the AC zoning designation to be
reestablished.
Courtesy Notices:
Courtesy notices have been sent to the following homeowner's and/or civic associations:
Neighborhood Advisory Council
Progressive Residents of Delray (PROD)
Presidents Council
Ms. Joann Bordelon, Campbell Management, Tropic Bay Condo
Mr. Tom Southerland, Tropic Bay
Mr. Jim Murray, Tropic Bay
Mr. Charles Nunes, Pelican Harbor
Mr. Harvey Starin, Pelican Harbor
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.
P & Z Staff Report - November 20, 2006 Meeting
Ralph Buick Rezoning - GC to AC
Page 6
The proposed rezoning from GC to AC is consistent with most of the goals, objectives and/or
policies of the City's Comprehensive Plan, and LOR Sections 2.4.5(0)(5), 3.1.1 and 3.2.2(0).
Positive findings can be made with respect to Concurrency and Compatibility with the
surrounding land uses.
With regard to LOR Sections 2.4.5(0)(5) and 3.2.2 (C) and (D), the proposed rezoning of the
subject property to AC is appropriate. The subject property is located within an area containing
mixed-use of commercial, residential, and automotive uses. Both the current zoning of GC and
the proposed rezoning of AC are appropriate zoning designation for the property based on the
FLUM designation of GC. The AC rezoning would allow the reestablishment of the long standing
auto dealership, which has operated within the last five years and it will be consistent with the
Comprehensive Plan and FLUM designation of GC. Based upon the above, a recommendation
of approval can be made to the City Commission for the proposed rezoning.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately initiated
rezoning from GC to AC for the subject property, 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 the 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 privately initiated
rezoning from GC to AC for the subject property, 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 the criteria set forth in Sections 2.4.5(0)(5), 3.1.1
and 3.2.2 of the Land Development Regulations.
D. Board's Discretion.
Move a recommendation of approval to the City Commission for the privately initiated rezoning
from GC to AC for the subject property, 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
the criteria set forth in Sections 2.4.5(0)(5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
Attachments: LocationlZoning Map
Report prepared by: Derrick L. Cook, Planner
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REZONING FOR RALPH BUICK DEALERSHIP
CITY OF OELRAY BEACH, FL
PLANNING &< ZONING OEPARTMENT
FROM GC ( GENERAL COMMERCIAL) TO AC ( AUTOMOTIVE COMMERCIAL)
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TO: DAVID T. HARDEN, CITY MANAGER
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THRU: MARK MCDONNELL, AICP;-ACTING DIRECTOR OF PLANNING &
ZOtt'NG
FROM: 4~~KING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF DECEMBER 5, 2006 - REGULAR AGENDA
ADOPTION OF ORDINANCE 80-06, AMENDING SECTIONS 2.4.5{O)
AND 2.4.3{K){1) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS FOR THE CREATION OF AN APPLICATION
PROCESS AND ASSOCIATED APPLICATION FEE FOR IN-LIEU OF
PARKING AND PUBLIC PARKING FEE REQUESTS
Currently, In-Lieu of Parking and Public Parking Fee requests are processed in
conjunction with Class III or greater site plan modifications. A Class III site plan
modification requires submission of a survey of the property, site plan, landscape plan,
engineering plans and a fee which starts at $525 (Class III - $525; Class IV - $870;
Class V - $1,155). In addition to the application fee, the cost of hiring professionals to
draft plans would be required before an applicant is certain that an In-Lieu of Parking or
Public Parking Fee request is approved. Staff feels that a separate application, limited
to In-Lieu of Parking and Public Parking Fee requests, could save prospective
developers and business owners substantial financial outlay. Additionally, this optional
process would allow better utilization of staff time by avoiding full review of a project that
would not be ultimately approved.
The processing of an In-Lieu of Parking Fee request will require only a basic sketch plan
indicating the site location, number of existing parking spaces, square footage of the
existing building, number of spaces requested and a brief description of the proposal
(conversion of use, expansion of use, etc.). A Public Parking Fee request would require
similar information plus the adjacent rights-of-way and parking data (number of parking
spaces required, provided on-site, provided in the right-of-way and requested for
purchase).
The proposed fee for the processing of this application is established at $210 which is
similar to that of a Class II site plan modification requiring Board review. If the In-Lieu of
Parking or Public Parking Fee request is approved, the $210 fee will be credited
towards the required fee for the related site plan modification that would follow. No
refund will be issued for requests that do not receive approval.
It is noted that this is an optional review process and if a developer or business owner
desires to submit the In-Lieu of Parking or Public Parking Fee request concurrent with a
site plan modification, he/she may submit all the required paperwork for the applicable
12.5
City Commission Staff Report
LDR Text Amendment To Sections 2.4.3(K)(1) and 2.4.5(0)
To Establish An In-Lieu and Public Parking Fee Application Process
Page 2
site plan modification with the associated fees and request full review. No refund will be
issued if a proposed site plan is denied based on the outcome of an associated In-Lieu
of Parking or Public Parking Fee request.
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 development application process 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 meeting of October 24, 2006,
the PMAB unanimously recommended approval of the proposed text amendment to
create an In-Lieu of Parking and Public Parking Fee application process.
Plannina & Zonina Board (P&Z): At its meeting of November 20, 2006, the Board, in a
4-0 vote (Eliopoulis, McDuffie and Halberg absent) recommended approval of the
proposed text amendment to create an In-Lieu of Parking and Public Parking Fee
process and associated application fee.
Move approval of Ordinance 80-06, amending sections 2.4.5(0) and 2.4.3(K)(1) of the
City's Land Development Regulations for the creation of an application process and
associated application fee for In-Lieu of Parking and Public Parking Fee requests 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
ORDINANCE NO. 80-06
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 2.4.3(K),
"FEES", SUBSECTION 2.4.3(K)(I), "DEVELOPMENT
APPLICATIONS"; AMENDING SECTION 2.4.5,
"PROCEDURES FOR OBTAINING DEVELOPOMENT
APPROVALS", BY CREATING SUBSECTION 2.4.5(0),
"IN-LIEU OF PARKING AND PUBLIC PARKING FEE
REQUEST; BY CREATING A PROCESS FOR THE
REVIEW AND APPROVAL OF IN LIEU OF AND PUBLIC
PARKING FEE REQUESTS; 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 November 20, 2006,
and voted 4 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 2.4.3(K), "Fees", Subsection 2.4.3(K)(1),
"Development Applications", 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:
(1) Development Applications: The following fees shall be charged for development
applications. All fees are cumulative and separate unless otherwise indicated. Combined
applications shall provide multiple fees.
(a) Comprehensive PIan Amendment
$ 2,310
(b) Review of a ADAlDRI $ 3,465
Modification of a DRI $ 1,155
(c) Voluntary Annexation with Zoning $ 1,050 (4)
(d) Rezoning of Land $ 1,390
(e) Modification of a SAD Ordinance to add a use or uses $ 1,390
(f) Conditional Uses, New Application $ 1,050
Modification requiring Board Review $ 580
(g) Master Plans $ 1,155 (1)
Master Plan Modification (5)
(h) Formal review ofa Sketch Plan [Section 2.4. 1 (B)] $ 580
(i) Similarity of Use $ 290
G) Site Plan Review:
Class I (Non-Impacting Modification) $ 105
Class II (Non-Impacting with Board Review) $ 210
Class III (Minor Modification) $ 525 (1)
Class IV (Major Modification) $ 870 (1)
Class V (New Submission) $ 1,155 (1)
(k) Extension requests for a previously approved $ 580
conditional use or site plan (only one fee is required
ifboth items are being extended for one project)
(1) Plats
Minor Subdivision $ 870 (1)
Major Subdivision $ 1,735 (1)
Plat Recording Fee (3)
(m) Abandonments
Right-of-way $ 580
General Easements $ 350
Specific Easements $ 175
(n) Master Sign Program $ 120
(0) Variance through the Board of Adjustment or the $ 210
Historic Preservation Board
(P) Formal interpretation by the Board of Adjustment $ 55
(q) Certificate of Appropriateness by Board
Alterations and/or Repairs
New Construction and Additions
Demolition and Relocation
$
$
$
55 (2)
525 (1)
525
(r) Certificate of Appropriateness by Administrator
$
o
(s) Request for Historic Designation
$
55
(t) Hearing before the Board of Construction Appeals
(per item)
$
$
55
55
(u) Temporary Use Request involving City Commission
Action
$
120
(v) Water Service Agreement Request
without concurrent site plan
- - with concurrent site plan
(bb) Single Family Overlay District Site Plan Review
$ 120
$ 0
$ 1,050
$ 120 per request (6)
$ 235 per request (7)
$ 315 (8)
(9)
$ 110
$ 750 (1)
(w) Land Development Regulations Text Change
(x) Waivers and Internal Adjustments
(y) Appeals by Applicant
(z) Re-advertising
(aa) Zoning Verification Letter
(cc) Application Fee for In Lieu Of and Public Parking Fee Requests $210 (10)
NOTES:
(1) Plus an additional fee of$100 per acre, or any fraction thereof, beginning at 3.01 acres, up to
a maximum of $3,000 per project.
(2) This fee shall be credited against any other processing fee which may be applicable to the
request.
(3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from
time to time by Palm Beach County, payable to Palm Beach County.
(4) Fee may be waived by the City Manager, for properties that have already been developed, or
for sites under one (1) acre in size.
(5) Same fee that would apply for site plan modification.
6) For requests made during the site plan / master plan review process.
(7) For requests made subsequent to the site plan / master plan review process.
(8) Includes appeals of both administrative decisions and Board actions.
(9) Advertising costs.
(10) If approved. this fee will be credited toward the associated site plan modification.
Section 3. That Section 2.4.5, "Procedures for Obtaining Development
Approvals", Subsection 2.4.5(0), "In-Lieu of Parking and Public Parking Fee Request",
of the Land Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby enacted to read as follows:
(0): In-lieu of Parkine: and Public Parkine: Fee Request
(1) Rule: An in-lieu of parking or public parking fee request must be approved by City
Commission with recommendations from the Parking Management Advisory Board
and other Boards as deemed appropriate.
(2) Required Information: The following information must be submitted for an In-Lieu
of Parking or Public Parking Fee request:
(a) Sketch Plan including current and proposed square footage
(b) Scope of work (i.e. expansion of use. change of use. new construction. etc.)
(c) Application and appropriate fee
(d) Current parking required and provided
(e) Parking required and oarking provided to facilitate proposal
(f) For public oarking fee requests: Adiacent rights-of-way and proposed parking
to be constructed
(3) Procedure: Subiect to Staff review and the provision of any additional information
that shall be required an in-lieu of parking or public parking fee request shall be
processed in the following manner:
(a) Receipt and certification is complete
(b) Request must comply with Sections 4.6.9(E)(3) and 4.6.9(E)( 4)
(c) Consideration by Parking Management Advisorv Board and other Boards as
deemed approoriate
(d) Approval by City Commission
(4) Conditions: Conditions may be imposed pursuant to. but not limited to. Sections
4.6.9(E)(3) and 4.6.9(E)( 4)
(5) Findine:s: The City Commission must make a finding that it is inappropriate or
impossible to provide the required parking on site and that the approval is consistent
with the Land Development Regulations and Comprehensive Plan.
Section 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the_dayof ,200_.
AITEST
MAYOR
City Clerk
First Reading
Second Reading
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FROM:
TO:
THRU
SUBJECT: MEETING OF DECEMBER 5, 2006
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS, AMENDING SECTION 1.3.8,
"RECONSTRUCTION NECESSITATED BY AN ACT OF GOD", TO ADD
PROVISIONS FOR THE RECONSTRUCTION OF LAWFUL
NONCONFORMING COMMERCIAL STRUCTURES DAMAGED OR
DESTROYED BY AN ACT OF GOD.
The item before the City Commission is approval of a City-initiated amendment to the Land
Development Regulations to add the provision that lawful nonconforming commercial structures
and structures containing nonconforming commercial uses, may be rebuilt when reconstruction
is necessitated by an Act of God.
The purpose of this City-initiated LDR text amendment is to expand the provisions in the LDRs
for the reconstruction of nonconforming structures damaged or destroyed by an Act of God to
include commercial structures. Given the intensity of the 2004 and 2005 hurricane seasons, the
issue of how to deal with the potential for substantial structural damage has come to the
forefront. Nonconforming commercial structures are currently excluded from existing provisions
in the Land Development Regulations which make it possible to rebuild nonconforming
residential structures. In order to provide a relief mechanism to deal with the potential financial
loss to property and business owners, as well as the loss of goods and services available to
residents of the City, should a major disaster take place, the proposed text amendment expands
those provisions to include commercial structures.
The proposed amendment is generally consistent with and furthers the Goals, Objectives and
Policies of the Comprehensive Plan. However, pursuant to Coastal Management Element
Objective and Policies, the reconstruction of nonconforming structures within the Coastal
Planning Area destroyed by a natural disaster is limited to residential, hotel, motel and resort
dwelling unit structures. Since commercial uses are not included, the proposed text amendment
is not consistent with these policies. Therefore, a Comprehensive Plan Text Amendment will be
required before the new provisions are effective within the Coastal Planning Area. This text
amendment will be added to Comprehensive Plan Amendment 2006-1 prior to adoption by the
City Commission. If passed, the ordinance will be effective immediately for all areas outside of
the Coastal Planning Area and then once the Comprehensive Plan is changed, in the Coastal
Planning Area as well.
The text amendment was considered by the Planning and Zoning Board on November 20, 2006.
One member of the public, Art Taylor, who owns property in the 600 and 700 block of North
{2.t
City Commission Meeting of December 5, 2006
Amendment to LOR Section 1.3.8, "Reconstruction Necessitated by an Act of God"
Page 2
Federal Highway, spoke in favor of the amendment. The Board discussed the Ordinance and
recommended approval on a 4 to 0 vote (Eliopoulos, McDuffie and Halberg absent), by adopting
the findings of fact and law contained in the staff report and finding that the amendment is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the
Land Development Regulations.
By motion, approve on first reading Ordinance No. 81-06, amending LDR Section 1.3.8,
"Reconstruction Necessitated by an Act of God," by adopting the findings of fact and law
contained in the staff report and finding that the request is consistent with the Comprehensive
Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with
second reading to occur on December 12, 2006.
Attachments:
. Ordinance No. 81-06
· Planning & Zoning Staff Report of November 20, 2006
ORDINANCE NO. 81-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING SECTION 1.3.8,
"RECONSTRUCTION NECESSITATED BY AN ACT OF GOD" OF
THE LAND DEVELOPMENT REGULATIONS BY AMENDING
SUBSECTION 1.3.8 (A) TO PROVIDE FOR RECONSTRUCTION OF
LAWFUL NON-CONFORMING COMMERCIAL AS WELL AS
RESIDENTIAL STRUCTURES AND PROVIDING FOR DEFINITION
OF COMMERCIAL STRUCTURE, PROVIDING FOR RELETTERING
AND RENUMBERING; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTWE 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 November 20, 2006 and voted 4 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:
Section 1. That Section 1.3.8 of the Land Development Regulations is hereby amended by
amending Sections 1.3.8(A) and 1.3.8(C) to read as follows:
Section 1.3.8 Reconstruction Necessitated by an Act of God:
(A) If a lawful nonconforming residential or commercial structure is damaged or
destroyed by an Act of God (the event), the owner shall be permitted to rebuild the structure in
accordance with the use and number of units permitted by the certificate of occupancy in existence
prior to the occurrence of the event. Where necessary, in order to accommodate the use or the same
number of such units, structures may be reconstructed to heights previously established on building
permit plans approved prior to the occurrence of the event. All rebuilding shall comply with fire and
building codes in effect at the time of reconstruction, and shall comply to the greatest extent
possible with applicable provisions of the Land Development Regulations.
(B) In order to receive approval for rebuilding pursuant to this section, applications for
building permits must be submitted within one year of the date on which the event occurred and all
reconstruction must be completed within three years from the date of the event.
(C) The following definitions apply for the purposes ofthis section:
(1) Commercial Structure: A Commercial Structure is a structure that is not
residential as defined below.
fB ill Residential Structure: A Residential Structure is a structure that includes
permanent dwelling units such as homes, townhouses, condominiums, and apartments, as well as
temporary dwellings such as hoteVmotel rooms and resort dwelling units.
~ ill Act of God (The Event): An Act of God (the event) is an unusual,
extraordinary, sudden and unexpected manifestation of the forces of nature which man cannot resist
which may include, but not be limited to, floods, storms, fire and other catastrophes. An event shall
not be considered an Act of God if it results from or is contributed to by the intentional or deliberate
act or negligence of the owner that may have been prevented by the exercise of reasonable diligence
or ordinary care. When an Act of God combines or occurs with the intentional or deliberate act or
negligence of the owner and the damage necessitating the reconstruction would not have resulted
but for the owner's intentional or deliberate act or negligence or omission the event shall not be
considered an Act of God.
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.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
Section 5. This ordinance shall become effective immediately for all properties outside of the
Coastal Planning Area and shall become effective for properties located within the Coastal Planning Area
upon adoption of a modification to the Comprehensive Plan.
of
PASSED AND ADOPTED in regular session on second and final reading on this the
,2006.
day
2
ORD. NO. 81-06
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
3
ORD. NO. 81-06
MEETING DATE: NOVEMBER 20, 2006
AGENDA NO.:
V. E.
AGENDA ITEM:
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS TO ADD PROVISIONS FOR THE
RECONSTRUCTION OF LAWFUL NONCONFORMING COMMERCIAL
STRUCTURES DAMAGED OR DESTROYED BY AN ACT OF GOD.
The item before the Board is that of making a recommendation to the City Commission
regarding a City-initiated amendment to the land Development Regulations to add the
provIsion that lawful nonconforming commercial structures, and structures containing
nonconforming commercial uses, may be rebuilt when reconstruction is necessitated by an Act
of God.
Pursuant to Section 1.1.6, an amendment to the text of the land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board to the
City Commission.
When nonconforming residential structures or structures containing nonconforming residential
uses are damaged or destroyed by an Act of God, the lDRs allow the structure to be fully
rebuilt in accordance with the use and number of units permitted by the certificate of occupancy
in existence prior to the occurrence of the event. Furthermore, those repairs are not restricted
to the limitations currently imposed on ordinary repairs (including repair or replacement of
fixtures, non bearing walls, plumbing or wiring). This lDR text amendment will expand these
provisions to include commercial structures. Given the intensity of the 2004 and 2005 hurricane
seasons, the issue of how to deal with the potential for substantial structural damage has come
to the forefront. Nonconforming commercial structures are currently excluded from existing
provisions in the land Development Regulations which make it possible to rebuild
nonconforming residential structures. In order to provide a relief mechanism to deal with the
potential financial loss to property and business owners, as well as the loss of goods and
services available to residents of the City, should a major disaster take place, the proposed text
amendment expands those provisions to include commercial structures.
REQUIRED FINDINGS
LDR 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 objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable Policy is noted:
v. E.
Planning and Zoning Board Memorandum Staff Report, November 20,2006
Amendment to LDRs: Reconstruction Necessitated by an Act of God
Page 2
Future Land Use Element Policy A-2.5 states that the section of the Land Development
Regulations that deals with nonconforming uses and structures shall be comprehensively
evaluated in order to ensure that the restrictions on the continuation, expansion, and
improvement of nonconforming structures and uses are clear and enforceable.
This ordinance is consistent with this policy of the comprehensive plan since it will help to clarify
when nonconformities can be rebuilt, and to what extent.
Additionally, the following Objective and Policies are applicable to reconstruction within the
Coastal Planning Area:
Coastal Management Element Obiective 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, as dictated in the following policies:
Policy C-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 and with the policies of the Coastal Management
Element of the Comprehensive Plan, except as provided in Policy C-3.5.
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.
Pursuant to the above Coastal Management Element Objective and Policies, the reconstruction
of nonconforming structures within the Coastal Planning Area destroyed by a natural disaster is
limited to residential, hotel, motel and resort dwelling unit structures. Since commercial uses are
not included, the proposed text amendment is not consistent with these policies. Therefore, a
Comprehensive Plan Text Amendment will be required before the new provisions are effective
within the Coastal Planning Area. This text amendment will be added to Comprehensive Plan
Amendment 2006-1 prior to adoption by the City Commission. If passed, the ordinance will be
effective immediately for all areas outside of the Coastal Planning Area and then once the
Comprehensive Plan is changed, in the Coastal Planning Area as well.
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
· Progressive Residents of Delray (PROD)
· President's Council
· Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
Planning and Zoning Board Memorandum Staff Report, November 20, 2006
Amendment to lDRs: Reconstruction Necessitated by an Act of God
Page 3
The purpose of this City-initiated LDR text amendment is to expand the provisions in the LDRs
for the reconstruction of nonconforming structures damaged or destroyed by an Act of God to
include commercial structures. With the exception of the Coastal Management Element Policies
discussed above, the proposed amendment is consistent with and furthers the Goals,
Objectives and Policies of the Comprehensive Plan. If this text amendment is approved, the
Comprehensive Plan will be amended to address the inconsistency. The ordinance will be
effective immediately for all areas outside of the Coastal Planning Area and then once the
Comprehensive Plan is changed, in the Coastal Planning Area as well.
Recommend approval of the City-initiated amendment to LDR Section 1.3.8, "Reconstruction
Necessitated by an Act of God," by adopting the findings of fact and law contained in the staff
report and finding that the request is consistent with the Comprehensive Plan and meets criteria
set forth in Section 2.4.5(M) of the land Development Regulations.
Attachment:
· Draft Ordinance
FROM:
DAYlp T. HARDEN, CITY MANAGER
. /1I/~ 7/to.....~ -L
P~UL DO~~N~,. AI~' D IRIf'CTOR OF PLANNING & ZONING
,~uf1tJ< L '(CP1~
ROf:.lALD R. HOGG:.J.rCp, PRINCIPAL PLANNER
MEETING OF DECEMBER 5, 2006
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRS) AMENDING SECTION 4.3.3(1),
"COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES" TO PROVIDE
THAT A TYPE 1 GROUP HOME SHALL NOT BE LOCATED WITHIN 1,000
FEET OF ANOTHER TYPE 1 GROUP HOME OR A COMMUNITY
RESIDENTIAL HOME.
TO:
THRU
SUBJECT:
The item before the City Commission is approval of a City-initiated amendment to the Land
Development Regulations to accommodate revisions related to Community Residential Homes
and Group Homes.
The proposed amendment is required to bring the section dealing with Community Residential
Homes into compliance with changes in the Florida Statutes. The Florida Statutes were
amended to add the requirement that Community Residential Homes with six or fewer residents
(Type 1 Group Homes in the LDRs) may not be located within 1,000 feet of another Community
Residential Home and that evidence be provided at the time of application to support this fact.
An additional change in the law requires that all references to "Occupational Licenses" be
changed to "Business Tax Receipts."
The text amendment was considered by the Planning and Zoning Board on November 20, 2006.
No one from the public spoke on the amendment. The Board discussed the Ordinance and
recommended approval on a 4 to 0 vote (Eliopoulos, McDuffie and Halberg absent), by adopting
the findings of fact and law contained in the staff report and finding that the amendment is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the
Land Development Regulations.
By motion, approve on first reading Ordinance No. 82-06, amending LOR Section 4.3.3(1),
"Community Residential Homes and Group Homes" to provide that a Type 1 group home shall
not be located within 1,000 feet of another Type 1 Group Home or a Community Residential
Home; that evidence to this fact be provided at the time of application; and that the all
references to "Occupational License" be changed to "Business Tax Receipts," by adopting the
findings of fact and law contained in the staff report and finding that the request is consistent
with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations, with second reading to occur on December 12, 2006.
Attachments:
. Ordinance No. 82-06
· Planning & Zoning Staff Report of November 20, 2006
It.!)
ORDINANCE NO. 82-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.3(1),
"COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES",
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, FLORIDA, BY PROVIDING THAT GROUP
HOMES, TYPE 1 SHALL NOT BE LOCATED WITHIN A RADIUS
OF 1,000 FEET OF COMMUNITY RESIDENTIAL HOMES AND
CHANGING ALL REFERENCES OF OCCUPATIONAL LICENSE
TO BUSINESS TAX RECEIPTS IN ORDER TO COMPORT WITH
RECENT CHANGES IN ST ATE LAW; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its
Land Development Regulations in order to make them consistent with recent changes to state law; and
WHEREAS, House Bill 351 requires that all community residential homes provide the local
government with the most recently published data compiled that identifies all community residential
homes within a 1,000 foot radius of proposed homes with six or fewer residents; and
WHEREAS, House Bill 1269 requires that all references to "Occupational Licenses" shall be
changed to "Business Tax Receipts".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.3.3(1), "Community Residential Homes and Group Homes", of the
Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as
follows:
(I) Community Residential Homes and Group Homes:
(1) Purpose: The purpose of this section is to provide for the health, safety,
welfare, and shelter in sound housing of residents of Community Residential Homes and Group
Homes and residents of the City who are in need of such facilities while assuring compatibility of
these facilities with surrounding areas.
(2) Applicability: This section shall be applicable but not limited to
Community Residential Homes and Group Homes which constitute a new facility or a
modification of an existing lawful facility which increase the floor area or the permitted number
of residents. This section does not include foster homes; assisted living facilities; continuing care
facilities; abused spouse residences; child care facilities; adult day care facilities; convalescent
homes, homes for the aged or nursing homes; nor alcohol and drug abuse treatment facilities as
regulated in LDR Section 4.3.3(D).
(3) Definitions:
(a) Resident: The term "resident" for a community residential home or
group home means any of the following pursuant to the Florida
Statutes:
1. A frail elder as defined in Section 400.618;
2. A physically disabled or handicapped person as defined in
Section 760.22(7)(a);
3. A developmentally disabled person as defined m Section
393.063(12);
4. A nondangerous mentally ill person as defmed in Section
394.455(18); or,
5. A child as defined in Section 39.01(14), Section 984.03(9) or
(12), or Section 985.03(8).
(b) Community Residential Home: The term "Community Residential
Home" means a dwelling unit licensed to serve clients of the
Department of Children and Family Services, which provides a
living environment for 7 to 14 unrelated residents who operate as
the functional equivalent of a family, including such supervision and
care by supportive staff as may be necessary to meet physical,
emotional, or social needs of the residents.
(c) Group Home: The term "Group Home" means a home, and/or a
building or part thereof, or group of buildings, which is not licensed
to serve clients of the Florida Department of Children and Families,
but which otherwise meets the definition of a Community
Residential Home and has either less than 7 residents or more than
14 residents.
(4) Classifications:
2
ORD. NO. 82-06
(a) Group Home, Type 1: A group home of not more than six (6)
unrelated residents. Such homes which satisfy the provisions of this
section shall be allowed as a permitted use in the zoning districts as
outlined in Section 4.3.3(I)(4)(d), provided, however, that no such
home shall be located within a radius of 1,000 feet of another Type
1 group home or a community residential home.
(b) Community Residential Home: Such homes which satisfy the
provisions of this section shall be allowed as a permitted or
conditional use in the zoning districts as outlined in Section
4.3.3(I)(4)(d), provided that such homes shall not be located within
a radius of 1,000 feet of a community residential home or within a
radius of 500 feet of a single family residential zoning district.
(c) Group Home, Type 2: A group home which provides lodging or
related services for fifteen (15) or more unrelated residents. Such
homes which satisfy the provisions of this section shall be allowed
as a permitted or conditional use in the zoning districts as outlined
in Section 4.3.3(I)(4)(d), provided however that such homes shall
not be located within a radius of 1,000 feet of a community
residential home or group home, within a radius of 500 feet of a
single family residential zoning district, or within a radius of 1,000
feet of a public or private elementary, middle or secondary school.
(d) Community Residential Homes and Group Homes shall be allowed
as a permitted or conditional use in the following zoning districts:
3
ORD. NO. 82-06
Type of
Residence
Group Home,
Type 1
Community
Residential
Home
Group Home,
Type 2
Permitted
Permitted
Permitted
Not Permitted
Permitted
Permitted
Not
Permitted
Conditional
Use
Conditional
Use
Permitted
Conditional
Use
Conditional
Use
Not
Permitted
Conditional
Use
Permitted
(5) Noticing and Licensing Requirements:
(a) An applicant for a community residential home must notify the City
in writing the specific address of the site, the residential licensing
category, the number of residents, and the community support
requirements of the program. The City may review the notice
submitted for compliance with the underlying zoning district and
respond pursuant to Chapter 419.001(3)(a) of the Florida Statutes.
(b) Group Homes shall at the time of application for City occlipational
license business tax receipt provide evidence that appropriate
approvals or licenses from county, state, or federal regulatory
agencies have been applied for or obtained, if any is required and
they must show that no other community residential home or group
home is within a radius of 1,000 feet of the proposed site. The
occupational license business tax receipt must be renewed annually
and may only be received upon provision of proof that the facility
continues to be licensed by the State, if required, and upon passing
of City inspections.
(6) Development Standards:
(a) Minimum Floor Areas:
1. Community Residential Homes and Group Homes of 4 to 14
residents require no minimum floor area except as required
4
ORD. NO. 82-06
by the underlying zoning district requirements and as
required by State agencies.
2. Type 2 Group Homes require a ffilrnmum floor area for
bedrooms of 80 square feet for the first permitted resident in
a bedroom with an additional 60 square feet for each
additional permitted resident in a bedroom. There shall be a
minimum of one bathroom equipped with sink, commode,
and shower or tub per each four permitted residents.
(b) Outdoor Recreational Space: Type 2 Group Homes located in
nonresidential zone districts shall provide usable outdoor passive
recreation area of 35 square feet per resident in addition to any
required open space, landscaping, and setback areas.
(c) Special Regulations:
1. Signage shall be pursuant to LDR Section 4.6.7.
2. Parking requirements shall be pursuant to LDR Section
4.6.9(C).
(7) Findings of Reviewing Authority: The Planning and Zoning Board shall
not recommend approval of a Conditional Use for a Community Residential Home or
Group Home unless it is demonstrated that the home has met all of the requirements of
Section 4.3.3(1), including those requirements in the specific zoning district in which the
proposed home is to be located, and has received applicable preliminary State agency
approval or current State agency license when a license is required. A recommendation of
approval shall be based upon consideration of the following factors:
(a) Homes located within residential districts shall have building
elevations, which are residential in character and similar in
appearance to the surrounding neighborhood. They shall not be
institutional in appearance as determined by the Site Plan Review
and Appearance Board or the Historic Preservation Board.
(b) Homes located in a nonresidential area shall be maintained in the
general character of the surrounding area. This standard applies to
design, lot size, landscaping, and other factors affecting the
character of the area.
5
ORD. NO. 82-06
(c) The proposed facility shall be in conformance with the Future Land
Use Map, and Objectives and Policies of the City's Comprehensive
Plan.
(8) Distance Requirements: All distance requirements in this section shall be
measured from the nearest point of the existing home, school or area of single-family
zoning to the nearest point of the proposed Community Residential or Group Home.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 3.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
Section 4.
and final reading.
That this ordinance shall become effective immediately upon its passage on second
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
6
ORD. NO. 82-06
MEETING DATE:
NOVEMBER 20, 2006
V.G.
AGENDA NO:
AGENDA ITEM:
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRS) AMENDING SECTION 4.3.3(1),
"COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES" TO
PROVIDE THAT A TYPE 1 GROUP HOME SHALL NOT BE LOCATED
WITHIN 1,000 FEET OF ANOTHER TYPE 1 GROUP HOME OR A
COMMUNITY RESIDENTIAL HOME.
The item before the Board is that of making a recommendation to the City Commission regarding a
City-initiated amendment to the Land Development Regulations to accommodate revisions related to
Community Residential Homes and Group Homes.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not
be made until a recommendation is obtained from the Planning and Zoning Board.
The Florida Statutes have been amended to add the requirement that Community Residential Homes
with six or fewer residents (Type 1 Group Homes in the LDRs) may not be located within 1,000 feet of
another Community Residential Home and that evidence be provided at the time of application to
support this fact. An additional change in the law requires that all references to "Occupational
Licenses" be changed to "Business Tax Receipts." The proposed amendment is to bring the LDRs
into compliance with these changes in State Law.
REQUIRED FINDINGS
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 objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable Policy was noted:
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.
V.G.
Planning and Zoning Board Memorandum Staff Report, November 20,2006
Amendment to LDRs Pertaining to Community Residential Homes
Page 2
The purpose of the proposed amendment is one of maintaining and updating the LDRs. Specifically,
the amendment is required to bring the section dealing with Community Residential Homes into
compliance with changes in the Florida Statutes. It is noted that while compliance with State Statutes,
other than Chapter 163, is not specifically mentioned in the Goals, Objectives, and Policies of the
Comprehensive Plan, this is understood. Based on the above, a positive finding can be made that the
amendment is consistent with and further the Goals, Objectives, and Policies of the Comprehensive.
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
. Progressive Residents of Delray (PROD)
. President's Council
. Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
The purpose of this City-initiated LDR text amendment is to bring the section of the LDRs dealing with
Community Residential Homes into compliance with changes in the Florida Statutes. Positive findings
can be made with respect to LDR Section 2.4.5(M)(5) that the proposed amendment is consistent
with and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
Recommend to the City Commission approval of a City-initiated amendment to the Land
Development Regulations amending Section 4.3.3(1), "Community Residential Homes and Group
Homes" to provide that a Type 1 group home shall not be located within 1,000 feet of another Type 1
Group Home or a Community Residential Home; that evidence to this fact be provided at the time of
application; and that the all references to "Occupational License" be changed to "Business Tax
Receipts," by adopting the findings of fact and law contained in the staff report and finding that the
request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of
the Land Development Regulations.
Attachment:
. Proposed Ordinance