01-02-07 Agenda Reg
City of Delray Beach
Regular Commission Meeting
~
:=:::J
RULES FOR PUBLIC PARTICIPATION
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
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.
Tuesday. January 2.2007
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be allowed when agreed by consensus of the City Commission.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 NW 1st Avenue
Dekay Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Smith at 243-7010,
24 hours prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. November 21, 2006 - Regular Meeting
. December 5, 2006 - Regular Meeting
6. PROCLAMATIONS:
A. Calling for the First-Non-Partisan Election to be held on March 13,2007
7. PRESENTATIONS:
A. NONE
8. CONSENT AGENDA: City Manager Recommends Approval.
A. AMENDMENT /EASEMENT AGREEMENT /PORTEN CUSTOM HOMES,
~ Approve an amendment to the easement agreement between the City and Porten
Custom Homes, LC., to allow a portion of the pool and deck to extend into the
easement area, located on the northwest comer of N.E. 1st Street and the Intracoastal
Waterway.
B. REOUEST FOR SIDEWALK DEFERRAL/1516 PINE LANE: Approve a
request to defer the installation of a sidewalk in front of 1516 Pine Lane. Staff
recommends approval.
C. RESOLUTION NO. 2-07: Approve Resolution No. 2-07 urging members of the
Florida Legislature to support municipal issues during the 2007 Legislative Session.
D. CHANGE ORDER NO. 7/FINAL (CONTRACT CLOSEOUT)/ASPHALT
CONSULTANTS. INC.: Approve Change Order No.7 /Final (Contract Closeout) in
the amount of $141,650.69 and final payment in the amount of $146,349.71 to Asphalt
Consultants, Inc. for completion of the N.W';S.W. 5th Avenue Improvements Project.
Funding is available from 334-3162-541-65.83 (General Construction
Fund/Capital/NW /SW 5th Avenue - SW 1st to NW).
01-02-2007
- 2 -
E. CHANGE ORDER NOS. 3 & 4 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/BSA CORPORATION/DELRAY BEACH PUBLIC LIBRARY:
Approve Change Order No. 3/Final in the amount of $245,655.56, and Change Order
No. 4/Final in the amount of a $233,455.00 decrease and final payment in the amount
of $76,118.25 to BSA Corporation for the construction of the new Delray Beach Public
Library; and approve a return of refund in the amount of $79,909.58 to the Delray
Beach Public Library. Funding is available from 334-3552-571-62.10 (General
Construction Fund/Buildings).
F. CHANGE ORDER NO. 6/FINAL (CONTRACT CLOSEOUT)/CHAZ
EOUIPMENT, INC.: Approve Change Order No. 6/Final (Contract Closeout) in
the amount of $6,276.90 and final payment in the amount of $51,787.76 to Chaz
Equipment Company, Inc. for completion of the Swinton Avenue Beautification
Project. Funding is available from 119-4151-572-60.69 (Beautification Fund/Capital
Outlay/Improvements Other) and 448-5461-538-63.90 (Storm Water Utility
Fund/Other Improvements).
G. CHANGE ORDER NO. l/(CONTRACT ADDITION.)/ROSSO PAVING &
DRAINAGE, INC.: Approve Change Order No. 1/ (Contract Addition) in the
amount of $34,815.00 to Rosso Paving & Drainage, Inc. for additional work required
for the parallel parking spaces on Coral Trace Boulevard, and a contract extension of
thirty-five (35) days to the Eagle Park Project. Funding is available from 380-4150-572-
63.23 (2004 G.O. Bond/Other Improvements/Neighborhood Parks).
H. CHANGE ORDER NO. 3/FINAL (CONTRACT CLOSEOUT)/WEST
CONSTRUCTION, INC.: Approve Change Order No. 3/Final (Contract Closeout)
in the amount of a $33,167.70 decrease and final payment in the amount of $42,834.38
to West Construction, Inc. for completion of the Mike Machek Boy Scout Hut Park
Project. Funding is available from 380-4150-572-63.25 (2004 G.O. Bond Fund/Boy
Scout Hut Project).
1. GUARANTEED MAXIMUM PRICE (GMP)/WESTERN/SENIOR
COMMUNITY CENTER/WEITZ COMPANY: Approve the Guaranteed
Maximum Price (GMP) in the amount of $640.957.00 to Weitz Company for the
construction of Phase 1 (Site Work) including pond dredging, underground utilities and
site grading for the Western/Senior Community Center Project. Funding is available
from 380-4150-572-62.58 (2004 G.O. Bond/Western Community Center).
J. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/
CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND REPRESENT
THE CITY AT LOGIC AND ACCURACY TESTS FOR THE FIRST NON-
PARTISAN ELECTION: Authorize the Palm Beach County Supervisor of Elections
to handle and canvass the City's absentee and provisional ballots for the March 13, 2007
First Non-Partisan Election, and represent the City at the requisite Logic and Accuracy
tests.
01-02-2007
- 3 -
K. MEMORANDUM OF UNDERSTANDING/FLORIDA DEPARTMENT OF
FINANCIAL SERVICES: Approve a Memorandum of Understanding with the
Florida Department of Financial Services; and accept the 2007 Domestic Preparedness
Grant from the State Homeland Security Grant Program in the amount of $38,412.00
for equipment, maintenance of equipment, and training courses related to Homeland
Security.
L. RESOLUTION NO. 1-07 (STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) LOCAL HOUSING ASSISTANCE PLAN): Approve Resolution No. 1-07
adopting the amended Local Housing Assistance Plan for Fiscal Years 2004-2007
pursuant to Title 67-37 of the Florida Administrative Code.
M. AGREEMENT /COMMAND SECURITY CORPORATION: Approve an
agreement between the City and Command Security Corporation to administer the non-
city sponsored off-duty police detail, including requests for services, scheduling work
and confirming completion along with maintaining logs and completing 1099s for the
individual officers; and Command Security will pay the City $7,500.00 per year for
administrative personnel involved in administration of the off-duty police details.
N. SPECIAL EVENT REOUEST / ART AND JAZZ ON THE AVENUE: Approve
a special event request for the Art and Jazz on the Avenue to be held on January 18,
2007, from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section
2.4.6(F) for street closure of Atlantic Avenue, from Swinton to N.E';S.E. 7th Avenue,
the alley north of Atlantic Avenue between N.E. 2nd Avenue and Railroad Way, Railroad
Way from Atlantic to the alley just north of Atlantic Avenue, N.E. 2nd Avenue from
Atlantic Avenue to the alley and the Tennis Center parking lot; authorize staff support
for security and traffic control, barricading and EMS assistance.
O. SPECIAL EVENT REOUEST/ASIAN FOOD FAIR AND CULTURAL
SHOW: Consider approval of a special event request to allow the 4th Annual Asian
Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be
held on March 24-25, 2007 from 10:00 a.m. until 10:00 p.m. on the grounds of Old
School Square and in the Old School Square parking lot, granting a temporary use
permit per LDR Section 2.4.6(F) for street closure of the southwest section of Old
School Square parking lot and City Hall parking lots; authorize staff support for security
and traffic control, barricading, EMS assistance and event signage.
P. SPECIAL EVENT REOUEST/CINCO DE MAYO FIESTA: Approve a special
event request to allow the 9th Annual Cinco De Mayo Fiesta to be held Saturday, May 5,
2007, from 1:00 p.m. until 11:00 p.m. at Old School Square, granting a temporary use
permit per LDR Section 2.4.6(F) for use of City parking lots at City Hall; authorize staff
support for security and traffic control, barricading, and also approve staff request to
use the South County Courthouse parking garage with the event sponsor paying the
costs to operate the garage from 12:00 p.m. to 5:00 p.m. and light tower costs;
contingent on the receipt of a hold harmless agreement and receipt of the certificate of
liability insurance and liquor liability insurance.
01-02-2007
- 4 -
Q. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of
the funding agreement with one (1) sub-recipient (Fair Housing Center of the Greater
Palm Beaches, Inc.) under the Community Development Block Grant (CDBG)
program for FY 2006-2007 Annual Action Plan, with the total funding in the amount of
$5,000.00 from various accounts within the CDBG fund.
R. ADDENDUM/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST. INC.:
Approve an addendum to the Contract for Sale and Purchase of Property with the
Delray Beach Community Land Trust, Inc. extending the closing date to June 29, 2007
for the property located at 802 S.W. 3rd Street.
S. FLORIDA EAST COAST RAILWAY COMPANY (FEC) CROSSING
LICENSE AGREEMENTS/REAL ESTATE LEASE FOR (4) PARCELS OF
LAND: Approve the license agreements with the Florida East Coast Railway Company
(FEC) in the amount of $9,000.00 each year for use of the N.E. 1st Street and S.E. 151
Street railroad crossings; and approve the Real Estate Lease in the amount of $9,800.00
for the four (4) parcels of land (parcels A, B, E and F).
T. RATIFICATION OF APPOINTMENTS/KIDS AND COPS COMMITTEE:
Approve and ratify the appointments of Shirley Santiago and Paul DeDominoco to the
Kids and Cops Committee for unexpired terms ending November 30, 2007.
U. VILLAGE OF WELUNGTON AND THE CITY OF DELRAY BEACH v.
PALM BEACH COUNTY: Authorization to join in the appeal of the Village of
Wellington and the City of Delray Beach, et al. v. Palm Beach County regarding any
appeal filed to the Supreme Court of Florida.
V. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 11, 2006 through December 29, 2006.
W. AWARD OF BIDS AND CONTRACTS:
1. NONE
9. REGULAR AGENDA:
A. CONDITIONAL USE MODIFICATION REQUEST /DELRAY BEACH
CLUB: Consider a conditional use modification request associated with a two-story
building addition with 1,549 square feet of new storage area in the basement, and 2,012
square feet of dining area on the ground level to replace the previously covered patio
terrace for the Delray Beach Club, located on the east side of State Road A-l-A (Ocean
Boulevard), approximately 900 feet south of Linton Boulevard (2001 South Ocean
Boulevard). (Quasi-Judicial Hearing)
01-02-2007
- 5 -
B. WAIVER REOUESTS/CANNERY ROW: Consider a request for waivers of Land
Development Regulations (LDR) Section 4.6.18 (B)(14)(v)(2), "Buildings within the
Downtown Area; Miscellaneous; Wall Colors" and Section 4.6.18(B)(14)(v)(3),
"Buildings within the Downtown Area; Miscellaneous; Appurtenances", associated with
the Class V Site Plan for Cannery Row, located at the southwest comer of N.E. 2nd
Avenue and N.E. 4th Street (pineapple Grove Way). (Quasi-Judicial Hearing)
C. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Consider approval of an Interlocal Agreement between the City and the
Community Redevelopment Agency (CRA) for the funding of construction and
professional services for FY 2006 - 2007 City projects.
D. AGREEMENT /HURRICANE HOUSING RECOVERY PROGRAM (JIHRP):
Consider approval of an agreement between the City, Community Redevelopment
Agency (CRA) and Hatcher Development and Construction in the amount of
$519,138.00 for the rehabilitation of 133 N.W. 5th Avenue. The bid award is being
contested. Funding is available from 118-1932-554-49.19 (Community Development
Fund/Housing Rehabilitation).
E. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint
three (3) regular members and two (2) alternate members to the Code Enforcement
Board for three (3) year terms ending January 14, 2010. Based upon the rotation
system, the appointments will be made by Commissioner Levinson (Seat #3),
Commission Montague (Seat #4), Mayor Perlman (Seat #5), Commissioner Ellis (Seat
#1) and Commissioner Fetzer (Seat #2).
F. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint two (2) Citizen-at-Large Representatives to the Parking
Management Advisory Board for two (2) year terms ending January 31, 2009. Based
upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat
#2) and Commissioner Levinson (Seat #3).
G. AGREEMENT/PAUL CONSULTING. INC.: Consider authorizing the City
Attorney to draft and the Mayor to execute an agreement with Paul Consulting, Inc. in
the amount of $38,700.00 via State Contract #973-561-06-1 for the administrative
services, installation and implementation, including technical support and upgrades, of
the MuniAgenda (paperless) Software. Funding is available from 001-1411-512-66.10
(General Fund/Software) and 001-1411-512-46.90 (General Fund/Other
Repair/Maintenance Costs).
01-02-2007
- 6 -
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 59-06 (FIRST READING/FIRST PUBLIC HEARING):
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).
1. Request to reduce the minimum lot frontage and lot width requirements for
Lots 20 and 25 within the proposed subdivision at Christ the King Monastery of
St. Clare, Inc., located at the southeast comer of Sherwood Boulevard and
Sutton Place.
B. ORDINANCE NO. 78-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
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.
C. 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. (Quasi-Judicial Hearing)
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.
E. 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.
F. 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.
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.
01-02-2007
- 7 -
12. FIRST READINGS:
A. ORDINANCE NO. 83-06: Future Land Use Map amendment (small-scale) from
TRN (Transitional) to GC (General Commercial) and rezoning from NC
(Neighborhood Commercial) to GC (General Commercial) for three (3) parcels, totaling
0.843 acres, located at 2703, 2709 & 2715 South Federal Highway. If passed, a public
hearing will be scheduled for January 16,2007.
B. ORDINANCE NO. 1-07: Rezoning from RM (Medium Density Residential) to CF
(Community Facilities) for the proposed Community Land Trust Office, located at 145
S.W. 12th Avenue, on the northeast comer of S.W. 12th Avenue and S.W. 2nd Street. If
passed, a public hearing will be scheduled for January 16, 2007.
C. ORDINANCE NO. 3-07: Future Land Use Map amendment (small-scale) from
County LR-l (Low Density Residential 1 du/ac) to City LD (Low Density Residential 0-
5 du/ac) and rezoning from County AR (Agricultural Residential) to City R-l-AA
(Single Family Residential) for a 0.72 acre property located at 2200 Lake Drive. If
passed, a public hearing will be scheduled for January 16, 2007.
D. ORDINANCE NO. 4-07: Future Land Use Map amendment (small-scale) from
County LR-3 (Low Density Residential 3 du/ac) to City TRN (Transitional) and
rezoning from CG/SE (Commercial General/Special Exception) to City zoning of
SAD (Special Activities District) for a 0.99 acre property, to be known as Robotic Space
Savers located at the southwest comer of Conklin Drive and Military Trail. If passed, a
public hearing will be scheduled for January 16, 2007.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: DECEMBER 28, 2006
01-02-2007
- 8 -
NOVEMBER 21.2006
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, November 21,2006.
1:.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Nancy Norman from
Unity Church of Del ray Beach.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman noted the addition of Item 8.Q., Amendment/Contract
For Sale and Purchase of Property/Delray Beach Community Land Trust. Inc. to the
Consent Agenda by addendum.
He stated the Delray Beach Library has requested that Item 8.D., Chanl!e
Order Nos. 3 & 4 (Contract CloseoutllFinal Payment/BSA Corporation/Delray
Beach Librarv be removed from the Agenda.
Also, there is a correction to Item 8.P.3., Contract Award for Chaz
Eauipment Company. Inc. and noted the amount should read $1,126,755.00.
Mayor Perlman stated there is additional information for Item 9.G.,
Appointment to the Historic Preservation Board. He requested to move Item 8.0.,
Review of Appealable Land Development Board Actions to the Regular Agenda as
Item 9.A.1.
11/21/06
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion passed with a 5 to 0 vote.
5.
APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the Regular Meeting of
November 7, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis-
Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote.
Mr. Fetzer moved to approve the Minutes of the Workshop Meeting of
November 14, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer-
Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. NONE
7. PRESENTATIONS:
7.A. Special Recol!oitioo Award - Vera R. Farriol!too
Kristin Calder, President Elect of the Junior League of Boca Raton, gave a
brief overview of the program. Mayor Perlman read and presented Mrs. Farrington with
a Special Recognition Award. Mrs. Farrington came forward to accept the Special
Recognition Award and gave a few brief comments.
7.B. RESOLUTION NO. 68-06: Approve Resolution No. 68-06 recognizing
Brahm Dubin by naming the Delray Beach Tennis Center Clubhouse, located at 201 West
Atlantic Avenue, The Brahm Dubin Clubhouse.
The caption of Resolution No. 68-06 is as follows
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, RECOGNIZING
BRAHM DUBIN BY NAMING THE DELRA Y BEACH
TENNIS CENTER CLUBHOUSE AT 201 WEST
ATLANTIC AVENUE IN DELRAY BEACH, FLORIDA,
"BRAHM DUBIN CLUBHOUSE AT THE DELRAY
BEACH TENNIS CENTER"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING AN EFFECTIVE DATE.
- 2 -
11/21/06
(The official copy of Resolution No. 68-06 is on file in the City Clerk's
office.)
Mayor Perlman read and presented Resolution No. 68-06 to Mrs. Dubin
and her Family.
Mrs. Ellis moved to approve Resolution No. 68-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion
passed with a 5 to 0 vote.
On behalf of the Dubin Family, Jeanne Dubin came forward to thank the
City Commission and gave a few brief comments.
7.C. RESOLUTION NO. 69-06: Approve Resolution No. 69-06 recognizing
Robert "Bob" Federspiel by naming the Southeast 1st Avenue Parking Garage, The
Robert "Bob" Federspiel Parking Garage.
The caption of Resolution No. 69-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, RECOGNIZING
ROBERT "BOB" FEDERSPIEL BY NAMING THE
SOUTHEAST 1st AVENUE PARKING GARAGE IN
DELRA Y BEACH, FLORIDA, "THE ROBERT "BOB"
FEDERSPIEL PARKING GARAGE", PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 69-06 is on file in the City Clerk's
office.)
Mayor Perlman read and presented Resolution No. 69-06 to Mrs.
Federspiel.
Mr. Levinson moved to approve Resolution No. 69-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer
- Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
At this point, Mrs. Federspiel thanked the City Commission and everyone
involved in the parking garage dedication.
7.D. Creative City Collaborative - Coletta and Company, Inc.
Tom Jones, Coletta and Company, Inc., announced that Carol Coletta
could not be present this evening. Mr. Jones gave a brief overview of the Creative City
- 3 -
11/21/06
Collaborative and stated this is an entity whose mission is to produce more funding that is
available for the cultural and arts groups as a whole.
Mr. Levinson stated there are some advantages to having it as a separate
not-for-profit 501(c)(3)
Mayor Perlman stated he thought of this as a hybrid and suggested using
the Community Land Trust (CLT) as a model with the City getting behind it and seeding
it initially. He agrees that this needs to be separate 501(c)(3).
Mrs. Ellis stated this stands on its best merit as a 501 (c)(3) corporation and
supports the idea of this being a non-profit.
Mr. Fetzer stated he feels the CLT is a great model of what we are trying
to do and commented that the success the City of Delray Beach has had with it is
encouraging to go the same route with the Creative City Collaborative.
Mrs. Montague stated at the time the 501(c)(3) is put together and noted
the City of Delray Beach has a few non-profits that are at a different level (i.e. Old
School Square, Spady Museum, and the Delray Beach Library). Mr. Jones stated none of
them operationally would be put under the Creative City Collaborative and explained that
the Creative City Collaborative is an entity whose mission would be to produce more
funding that is available for the cultural and arts groups as a whole. Mr. Jones stated the
organization is more of an umbrella fundraising organization.
Mr. Levinson suggested that the Commission appoint incorporators of the
corporation or create an initial Corporation Board. He stated the City of Delray Beach
needs to maintain an active involvement in the beginning to help get it going. Mr.
Levinson also suggested that the Board be community based because the Board's
responsibility to a great extent will be fundraising.
It was the consensus of the Commission that the City seeds it, incubates it
and spins it off at some point.
The Commission suggested that this item be placed on an Agenda to
determine who might be the appropriate candidates to be the incorporators. The City
Manager stated staff can place this on the December 12, 2006 Agenda.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. ACCEPTANCE OF EASEMENT DEED/LINTON DELRAY. LLC:
Approve and accept an easement deed between the City and Linton Delray, LLC,
granting a 12'x15' easement in which a water line may be constructed to serve the new
McDonald's Restaurant being constructed on South Federal Highway at the comer of the
Plaza at Delray Shopping Center.
-4-
11/21/06
8.B. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)!FINAL
PAYMENT/ASSOCIATES ROOFING. INC.: Approve Change Order No. 1/Final
(Contract Closeout) in the amount of $3,652.80 and final payment in the amount of
$59,752.70 to Associates Roofing, Inc. for completion of the Delray Beach Golf &
Country Club Re-roofing Project. Funding is available from 551-1575-591-45.50
(Business Insurance FundlProperty Claims).
8.C. CHANGE ORDER NO. l/HARDRIVES OF DELRAY. INC.:
Approve Change Order No. 1 in the amount of $40,000.00 to Hardrives of Delray, Inc.
for the excavation, hauling and disposal of excess lime sludge from the overflow lagoon
at the Water Treatment Plant. Funding is available from 442-5178-536-46.90
(Water/Sewer/Renewal and Replacement Fund/Other Repair/Maintenance Costs).
8.D. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
8.E. SERVICE AUTHORIZATION 18.2/CURRIE SOWARDS AGUILA
ARCHITECTS: Approve Service Authorization No. 18.2 in the amount of $37,500.00
to Currie Sowards Aguila Architects for the provision of professional consulting services
relative to the proposed Environmental Services Administration Building at the ESD
complex on Swinton Avenue. Funding is available from 441-5161-536-62.32
(Water/Sewer Fund/ESD Building Expansion).
8.F. BUS SHELTER EASEMENT AGREEMENTIMCDONALD'S USA.
LLC: Approve a Bus Shelter Easement Agreement between Linton Delray, LLC, the
City and McDonald's USA, LLC, granting the City the right to place a bus shelter in
front of the new McDonald's restaurant located on South Federal Highway at the comer
ofthe Plaza at Delray Shopping Center.
8.G. DOT UTILITY PERMIT & HOLD HARMLESS
AGREEMENTIUDERITZ SUBDIVISION: Authorize the City to act as the utility
permit applicant for water main work performed within the state right-of-way for Uderitz
Subdivision, located at 502 North Ocean Boulevard and approve a hold harmless
agreement with the developer (Uderitz Subdivision).
8.H. AGREEMENT/FLORIDADEPARTMENT OF TRANSPORTATION
(FDOT)!FLORIDA EAST COAST RAILROAD (FEC): Approve an agreement with
Florida Department of Transportation (FDOT) and Florida East Coast Railroad (FE C) for
the installation of upgraded Automatic Grade Crossing Signals Type III Class III at S.E.
4th Street. The City will be responsible for 50% of the annual maintenance cost in the amount of$I,573.00.
8.1. HOUSING REHABILITATION GRANT/CONTRACT AWARDS:
Approve two Housing Rehabilitation grant/contract awards through the Community
Development Division in the amount of $33,232.50 to South Florida Construction (701
S.W. 6th Street) and in the amount of $26,599.65 to Sun Band Builders (511 S.W. 6th
Avenue). Funding is available from 118-1924-554-49.19 (Community Development
Fund/State Housing Initiatives Partnership (SHIP)lHousing Rehabilitation).
- 5 -
11 /21/06
S.J. EXTENDED WARRANTY/ZOLL MEDICAL CORPORATION:
Approve a one (1) year extended warranty in the amount of $17,255.00 to Zoll Medical
Corporation for fourteen (14) 12-Lead Defibrillator Monitors M Series Units. Funding is
available from 001-2315-526-46.20 (General Fund/Equipment Maintenance).
S.K. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/OLD
SCHOOL SQUARE PARKING GARAGE: Approve an Interlocal Agreement
between the City and Palm Beach County for funding in the amount of $1 ,000,000.00 for
the construction of the Old School Square Parking Garage.
S.L. AGREEMENTILEGAL SERVICES/HEARING OFFICER: Approve
an agreement between the City and David W. Schmidt for the provision of legal services
to the City as a Hearing Officer.
S.M. RENEWAL OF AGREEMENTIBLACKHA WK SECURITY. INC.:
Approve a request to renew the agreement between the City and Blackhawk Security,
Inc. in the amount of $23,920.00 for an additional six months from October 1, 2006 to
March 31, 2007 for the security service at Pompey Park. Funding is available from 001-
4127 -572-31.90 (General Fund/Other Professional Services).
S.N. RATIFICATION OF APPOINTMENTS/KIDS AND COPS
COMMITTEE: Approve and ratify the appointments of Maxx Benn and Cheryl
McKeever to the Kids and Cops Committee for unexpired terms ending November 30,
2007.
S.O. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.1.
S.P. AWARD OF BIDS AND CONTRACTS:
1: Contract award to West Construction, Inc. in the amount of
$2,965,930.86 for the construction of the Environmental Services
Administration Facility Project. Funding is available from 334-
6111-519-63.32 (General Construction Fund/ESD Building
Expansion) and 441-5161-536-62.32 (Water/Sewer Fund/ESD
Building Expansion).
2. Contract award to Chaz Equipment Company, Inc. in the amount
of $49,971.00 for Rehabilitation of Lift Stations 36, 26A, 26B,
53A and 86. Funding is available from 442-5178-536-68.15
(Water/Sewer Renewal and Replacement Fund/Lift Station
Rehabilitation).
3. Contract award to Chaz Equipment Company, Inc. in the amount
of $1,126,755.00 for construction of the Sea Sage DriveIMelaluca
Road/Oleander Road Infrastructure Improvements. Funding is
available from 442-5178-536-65.35 (Water/Sewer Renewal and
Replacement Fund/Sea Sage DriveIMelaluca Road/Oleander Road)
- 6 -
11/21/06
and 448-5461-538-65.35 (Stormwater Utility Fund/Sea Sage
DrivelMelaluca Road/Oleander Road).
4. Contract award to Neil O'Neil Jr. Roofing in the amount of
$29,050.00 for the re-roofing of Lift Station #11 at the Boy Scout
Park. Funding is available from 551-1575-591-45.50 (Business
Insurance Fund/Property Claims).
5. Purchase award to PFS Office Organization Solutions in the
amount of $23,720.71 via GSA Contract #GS-25F-0048M for the
purchase of a Lektriever 2000 Vertical Carousel Records Storage
System for the Police Department. Funding is available from 115-
2112-521-64.90 (Special Projects Fund/Other
Machinery/Equipment).
6. Purchase award to Show Turf in the amount of $42,469.00 via the
Orange County School Contract #02-03-11 VH for the purchase of
one (I) John Deere 3235C Lightweight Fairway Mower for the
Delray Beach Municipal Golf Course. Funding is available from
445-4761-572-64.90 (Delray Beach Municipal Golf Course
FundlMachinery and Equipment).
7. Purchase award to Chemical Lime Company in an estimated
amount of $673,000.00 via the City of Boynton Beach Co-op Bid
#064-2821-06/JA for the purchase of bulk quicklime. Funding is
available is available from 441-5122-536-52.21 (Water/Sewer
Fund/Chemicals) .
8. Purchase award in the amount of $22,454.00 to Hoover Canvas
Products Co. for three (3) seat kills in sections CC, DD and FF
located on the west side of the tennis stadium. Funding is
available from 551-1575-591-45.50 (Business Insurance
Fund/Property Claims).
9. Bid award to Gator Landscaping in an estimated amount of
$33,834.00 for the landscape maintenance of Homewood
Boulevard, Linton Boulevard and three (3) medians on Military
Trail. Funding is available from 119-4144-572-46.40
(Beautification Trust FundlBeautification Maintenance).
10. Bid award to Preferred Seating, Inc. in the amount of $172,755.55
for the purchase of 1,793 19" Champion Stadium Seats with cup
holders for the Delray Beach Tennis Stadium. Funding is available
from 001-4210-575.63.90 (General Funding/Other Improvements).
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion passed with a 5 to 0 vote.
- 7 -
11/21/06
9.
REGULAR AGENDA:
9.A.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period November 6,2006 through November 17,2006.
The City Manager stated with regard to Item #2 under the Historic
Preservation Board (HPB), the Board approved the plan for the structure at 711 North
Swinton Avenue. He stated the house that HPB approved is approximately 3,500 square
feet and it will exceed the proposed guidelines that the Planning and Zoning Board voted
last night to recommend to the Commission. He stated under the proposed ordinance the
structure would be limited to 3,000 square feet.
Mr. Levinson commented that the Board voted 5 to 0 in favor of this.
Mayor Perlman stated he would like to hear this again.
Mrs. Ellis concurred with comments expressed by Mayor Perlman.
The City Attorney stated this should be looked at under the current
guidelines.
Mrs. Ellis moved to appeal this item to the next regular meeting of
December 5, 2006, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Levinson - No; Mrs. Montague - No; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes. Said motion passed with a 3 to 2 vote, Commissioner Levinson
and Commissioner Montague dissenting.
Mr. Levinson moved to receive and file the rest of the report, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9.A. REQUEST FOR IN-LIEU PARKING SP ACES/MELLOW
MUSHROOM (FKA VITTORIO'S) RESTUARANT: Consider a request from
Mellow Mushroom Restaurant for the purchase of seven (7) in-lieu parking spaces in the
amount of $109,200.00. Mellow Mushroom Restaurant is located at 25 Southeast 6th
Avenue. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
- 8 -
11/21/06
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Scott Aronson, Parking Management Specialist, stated the Mellow
Mushroom is a national franchise of upscale pizzeria/restaurants and is proposing to use
the old Vittorio's Restaurant site located at 25 S.E. 6th Avenue (Northbound Federal
Highway). He stated the proposal is for a 1,166 square foot expansion to include the rear
of the existing property and a new entry feature to be provided along the entrance along
6th Avenue. The current site has seven existing parking spaces. The site is currently
3,000 +/- square feet. The applicant is requesting to purchase seven (7) in-lieu spaces at a
cost of$15,600 per space.
At its meeting of October 12, 2006, the Community Redevelopment
Agency (CRA) unanimously recommended approval of the applicant's request; at its
meeting of October 24, 2006, the Parking Management Advisory Board unanimously
recommended approval of the applicant's request; at its meeting of November 13, 2006,
the Downtown Development Authority recommended approval of the applicant's request.
Roger Cope, Cope Architects, Inc., 80 N.E. 4th Avenue, Delray Beach
(applicant), stated they had unanimous approval before the Parking Management
Advisory Board (pMAB) and favorable comments from the Community Redevelopment
Agency (CRA) and the Downtown Development Authority (DDA) was nearly a
unanimous approval. The site has been there for many years and is a very antiquated
building located at 25 S.B. 6th Avenue approximately 100 feet off Atlantic Avenue and
adjacent to the Blue Gallery. Mr. Cope stated the architecture needs help and briefly
discussed the parking lot behind the building and explained that it is non-conforming in
every way. Mr. Cope stated they are going to completely redesign the back parking lot
and the major benefits are the inclusion of a handicapped parking spot, a tremendous
amount of landscaping, one additional parking spot, and complete re-management of the
dumpster.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part ofthe minutes).
Mrs. Montague moved to approve the Board Order approving the in-lieu
parking spaces, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs.
Montague - Yes. Said motion passed with a 5 to 0 vote.
9.B. SPECIAL EVENT REQUEST/FIRST NIGHT 2007: Consider
approval of a special event request to endorse the 10th Annual First Night 2007 event on
December 31, 2006 from 4:00 p.m. to midnight, granting a temporary use permit per
LDR Section 2.4.6(F) for the use and street closures of City rights-of-way and facilities
- 9 -
11/21/06
as requested, to authorize staff support for security and traffic control, signage
construction and installation, barricade set-up/removal, trash removal and clean up, EMS
services, and use/set-up of City stages as needed at no charge.
Robert A. Barcinski, Assistant City Manager, stated this item is before the
Commission to consider endorsing the loth Annual First Night event to be held on
December 31, 2006 from 4:00 p.m. to midnight, to grant a temporary use permit per
LDR's Section 2.4.6(F) for the use of City rights-of-way and facilities as requested, to
authorize staff support as requested to authorize facility use as requested, and to authorize
use and set up of the new stage if available. He stated First Night is a City sponsored
non-alcoholic event featuring local artists and entertainers. Mr. Barcinski stated staff has
added more button venues this year in addition to other changes with regard to the
activities.
Mayor Perlman inquired about the security and asked if there IS a
proactive plan. In response, Mr. Barcinski stated staffhas a proactive plan.
Mrs. Ellis stated there are new and different things this year and very
exciting venues.
Mayor Perlman stated the buttons go on sale on November 30, 2006.
Mr. Fetzer moved to approve the Special Event Request for First Night
2007, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.C. BID AWARD/CUSTOM PROPERTY SERVICES: Consider approval
of a bid award to fourth lowest bidder, Custom Property Services, in the amount of
$119,275.00 for the annual maintenance contract for the 1-95 Interchanges, including
Atlantic Avenue, Linton Boulevard and the Overpass on S.W. 10th Street. Funding is
available from 119-4144-572-46.40 (Beautification Trust FundlBeautification
Maintenance).
Nancy Davila, City Horticulturist, stated the reason this item is not on the
Consent Agenda is because staff did not select the lowest bidder. The lowest bidder was
unresponsive and did not include prices for additional work that staff requested. Mrs.
Davila stated when staff questioned the vendor about the apparent discrepancy the vendor
asked if they could withdraw their bid. Therefore, she stated the lowest responsive bidder
is Custom Property Services for $119,275.00.
Mr. Fetzer moved to approve the bid award to Custom Property Services
(fourth lowest bidder) in the amount of $119,275.00, seconded by Mrs. Ellis. Upon roll
call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to
o vote.
- 10 -
11/21/06
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
to.
to.A. ORDINANCE NO. 33-06 (FIRST READING/FIRST 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. Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be held at this time.
PUBLIC HEARINGS:
The caption of Ordinance No. 33-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING 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.
(The official copy of Ordinance No. 33-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Ron Hoggard, Senior Planner/Redevelopment, stated this ordinance
originally came 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
the stakeholders in the corridor. Staff met with the stakeholders on June 16, 2006 and
several options were discussed including pursuing a form-based code for the Congress
A venue Corridor. 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 stakeholder meeting and other written comments received by staff.
The ordinance was again modified and the stakeholders met again on September 19,
- 11 -
11121/06
2006. Several additional comments were generated and the ordinance has been modified
to accommodate these additional comments.
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
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.
Mayor Perlman declared the public hearing open.
Michael Weiner. Attornev with Weiner & Aronson. P.A.. 102 North
Swinton Avenue. Delrav Beach. stated he applauds the Planning and Zoning
Department with regard to their work on this ordinance and urged the Commission to
support. He expressed concerns with how green space and how the open space
requirement matches with drainage because lakes are not included. Mr. Weiner noted he
will be back before the Planning and Zoning Department to show them these concerns.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 33-06, the public hearing was closed.
Mrs. Montague expressed concern over the required parking spaces for the
one bedroom dwelling unit and asked if the 1.25 spaces is the standard. Mr. Hoggard
stated for a one bedroom unit the standard parking spaces are 1.25.
Mayor Perlman commented that this is not distinguishing workforce but
confirmed that this is both "for sale" and "rental". Mr. Hoggard stated this is correct.
Mr. Levinson moved to adopt Ordinance No. 33-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 64-06: Privately initiated amendment to the Land
Development Regulations (LDR) Section 4.3.4(H)(6)(a) to eliminate the requirement for
a building setback of 64 feet along N.E. 4th Street/Lake Ida Road between Swinton
Avenue and N .E. 6th Avenue.
The caption of Ordinance No. 64-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.3.4(H)(6), "SPECIAL
SETBACKS", SUBSECTION 4.3.4(H)(6)(A), "SPECIAL
- 12 -
11/21/06
BUILDING SETBACKS", TO ELIMINATE THE 64'
BUILDING SETBACK FROM SWINTON AVENUE
EAST TO NE 6TH AVENUE FOR LAKE IDA ROAD;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 64-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mark McDonnell, Assistant Planning Director, AICP, stated the
amendment involves a privately initiated text amendment to LDR Section 4.3.4(H)(6)(a)
to eliminate a Special Building Setback requirement of 64 feet for Lake Ida Road
between Swinton Avenue and N.E. 6th Avenue. Currently, development along both the
north and south sides ofN.E. 4th StreetlLake Ida Road is required to maintain a minimum
building setback of 64 feet from the centerline of Lake Ida Road/N.E. 4th Street,
beginning at N.E. 6th Avenue (NIB Federal Highway) and extending west to Military
Trail. Staff has done extensive research and has found that this is essentially a mistake
and it should have only begun from Swinton Avenue and moved west to Military Trail.
Therefore, staff recommended approval. Mr. McDonnell stated this ordinance came
before the City Commission on November 7, 2006 at which time it passed on first
reading and staff recommends approval on second reading.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission, the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 64-06, seconded by Mr. Fetzer.
Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman
- Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with
a 5 to 0 vote.
to.C. ORDINANCE NO. 62-06: Amending Section 97.10 "Citrus Canker
Control Procedures" of the Code of Ordinances by repealing it in its entirety.
The caption of Ordinance No. 62-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REPEALING SECTION 97.10, CITRUS CANKER
CONTROL PROCEDURES" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
FLORIDA; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVING CLAUSE AND AN
EFFECTIVE DATE.
- 13 -
11/21/06
(The official copy of Ordinance No. 62-06 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter ofthe City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 62-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 62-06 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 63-06: Amending Chapter 110, "Occupational
Licenses Generally", by re-naming "Occupational Licenses" to "Local Business Tax
Receipts", in accordance with recent state law changes.
The caption of Ordinance No. 63-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 110, "OCCUPATIONAL
LICENSES GENERALLY", IN ORDER TO UPDATE
THE ORDINANCE TO RE-NAME
"OCCUPATIONAL LICENSES", "LOCAL
BUSINESS TAX RECEIPTS", IN ACCORDANCE
WITH RECENT STATE LAW CHANGES;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 63-06 is on file in the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter ofthe City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 63-06,
the public hearing was closed.
- 14-
11/21/06
Mrs. Montague moved to approve Ordinance No. 63-06 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes;
Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
to.E. ORDINANCE NO. 67-06: Amending Section 99.04, "Loud and
Unnecessary Noises and Enumerated; Exemptions", Subsection 99.04(A)(6),
"Construction" of the Code of Ordinances to clarify the time that this subsection applies
in Single Family Zoning Districts.
The caption of Ordinance No. 67-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES, BY
AMENDING SECTION 99.04, "LOUD AND
UNNECESSARY NOISES AND ENUMERATED;
EXEMPTIONS", SUBSECTION 99.04(A)(6),
"CONSTRUCTION"; TO CLARIFY THE TIMES
THAT THIS SUBSECTION APPLIES IN SINGLE
FAMILY ZONING DISTRICTS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 67-06 is on file in the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 67-06,
the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 67-06 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs.
Ellis - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:17 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
- 15 -
11/21/06
1l.A.
City Manaeer's response to prior public comments and inquiries.
In response to a prior comment expressed by Mrs. Finst about the
timetable for broadcasting the City Commission meetings, the City Manager stated right
now it involves the installation of 2-3 cameras, control devices, monitors, and the audio
recording equipment. Staff is coordinating with the architect who is working on the
remodeling of the Chambers to be sure that staff does not waste money installing
something and having to move it. Staff does not have an exact time schedule; however,
shortly after the first of the year staff should be able to get everything installed.
1l.B. From the Public.
There were no comments or inquiries from the public.
At this point, the time being 7: 18 p.m., the Commission moved back to
Item 9.D. of the Regular Agenda.
9.D. DELRAY BEACH PUBLIC LIBRARY ASSOCIATION.
INC./BOARD LIAISON: Provide direction regarding a representative from the City
attending the Delray Beach Public Library meetings on the third Wednesday of each
month.
The City Manager stated staff received a letter from the Library
Association, Inc. asking to have a City representative on their Board. Therefore, staff is
asking direction from the Commission.
Brief discussion followed by the Commission.
It was the consensus of the City Commission for a staff person (discretion
of the City Manager) to serve as liaison.
9.E. SETTLEMENT OFFER/MEIJER V. SONOMA CAFE AND THE
CITY: Consider a settlement Offer in the amount of $3,500.00 in Meijer v. Sonoma
Cafe and the City. Staff recommendation is acceptance.
The City Attorney stated this is a settlement offer that came out of a
mediation regarding this case. The medicals incurred are $39,000.00. If the Commission
accepts the offer, the City's portion is $3,500.00 with Sonoma Cafe paying $78,500.00.
Mr. Levinson moved to approve the Settlement Offer in the amount of
$3,500.00 in Meijer v. Sonoma Cafe and the City of Delray Beach, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 5 to 0 vote.
- 16 -
11/21/06
9.F. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY: Appoint one (I) regular member to the Community Redevelopment Agency
(CRA) for an unexpired term ending July 1, 2009. Based upon the rotation system, the
appointment will be made by Commissioner Levinson (Seat #3).
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis and stepped down from the dais.
Mr. Levinson moved to appoint Angeleta Gray as a regular member to the
Community Redevelopment Agency (CRA) for an unexpired term ending July I, 2009,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Vice Mayor Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
9.G. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD:
Appoint two (2) regular members to the Historic Preservation Board to serve an
unexpired term ending August 31, 2007 and to serve an unexpired term ending August
31, 2008. Based upon the rotation system, the appointment will be made by
Commissioner Levinson (Seat #3) and Commissioner Montague (Seat #4).
Mr. Levinson moved to appoint Kim French as a regular member to the
Historic Preservation Board (HPB) to serve an unexpired term ending August 31, 2007,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague
- Yes. Said motion passed with a 5 to 0 vote.
Mrs. Montague moved to appoint Roger Cope as a regular member to the
Historic Preservation Board (HPB) to serve an unexpired term ending August 31, 2008,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis -
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman -
Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:23 p.m., the Commission moved to Item
12, First Readings.
12.
FIRST READINGS:
12.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-I-AA (Single Family
Residential). Ifpassed, a public hearing will be scheduled for December 5, 2006.
The caption of Ordinance No. 59-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
- 17 -
11/21/06
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 DESCRIDED
HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, MARCH 2006"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 59-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mark McDonnell, Assistant Planning Director, stated when the
Comprehensive Plan was adopted in 1989 the property was designated CF (Community
Facilities) on the Future Land Use Map and subsequently the property was rezoned from
R-l-AAA-B to CF (Community Facilities). On January 11,2006, the Site Plan Review
and Appearance Board (SPRAB) approved a Class V application. However, it was
determined that the cost to build and maintain the proposed facility was prohibitive and
the development proposal was abandoned by the applicant. 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 R-l-AAA-B (Single Family Residential) to PRD-5 (Planned
Residential Development - 5 units per acre). 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-l-AA for a 9.0 acre portion of the overall site.
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). Staff
recommended approval of a compromise which required the modification of the request
to provide R-l-AAA lots along the east property line where they immediately abut R-l-
- 18 -
11/21/06
AAA within the Sherwood Park subdivision. There was considerable public input and
several residents spoke in opposition to the request (to the R-l-AA). The residents
requested either R-l-AAA-B or a combination of R-l-AAA-B and R-I-AA. There was
also concern expressed regarding the access to this new subdivision and the applicant
indicated that he would seek approval through the Diocese of Palm Beach County to
access through that property over to Military Trail. Today, staff received a letter
indicating that the permission was not granted.
On October 16, 2006, the Planning and Zoning 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. Staff recommends
approval of 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-
l-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 Exhibit "A", being a minimum size of 12,500
square feet 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-l-AA zoning
requirements (9,500 square foot minimum lot size in the R-l-AA zoning district).
At this point, Mayor Perlman read into the record the letter addressed to
Michael Weiner (Attorney for the Applicant) from the Diocese of Palm Beach County.
Mr. Fetzer stated at one point the developer was meeting with both
homeowner associations and asked if any meetings like this continuing with the
developer now to reach some type of a compromise.
Prior to the vote, Mayor Perlman stated he hopes between now and
December 5,2006, there can be some meetings that we can facilitate.
Mr. Levinson moved to approve Ordinance No. 59-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer-
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes.
Said motion passed with a 5 to 0 vote.
12.B. 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.
The caption of Ordinance No. 71-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
- 19 -
11/21/06
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 EFFECTIVE DATE.
(The official copy of Ordinance No. 71-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
At this point, Commissioner Levinson stepped away from the dais.
Ron Hoggard, Senior PlannerlRedevelopment, stated this is a privately
initiated rezoning in conjunction with a land use plan amendment that is currently with
the State for their review. The property involves 8.8 acres and is a rezoning from I
(Industrial) to MIC (Mixed Industrial and Commercial) for the purpose of doing a mixed
use development consisting of office, warehouse, and residential. Mr. Hoggard stated
residential is currently not allowed within the MIC zoning district. Consequently, he
stated part of the Comprehensive Plan Amendment includes allowing residential in that
district. If the Comprehensive Plan Amendment is approved, it will require an LDR Text
amendment to allow residential development and the applicant is also proposing 25%
workforce housing units within that area.
At its meeting of July 17, 2006, the Planning and Zoning Board held a
public hearing in conjunction with the request. The Board voted 6 to 0 to recommend
approval and staff recommends approval.
Mrs. Ellis moved to approve Ordinance No. 71-06 on FIRST Reading,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 4 to 0 vote.
12.C. ORDINANCE NO. 70-06: City initiated annexation and rezoning from
County AR (Agricultural Residential) to City RM-8 (Residential Medium Density 5-8
duJac) for a 3.18 acres parcel located on the south side of 133rd Road "S", 640' west of
Barwick Road approximately 1 ,400 feet north of Lake Ida Road.
The caption of Ordinance No. 70-06 is as follows:
- 20-
11/21/06
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, 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 EFFECTIVE DATE.
(The official copy of Ordinance No. 70-06 is on file in the City Clerk's
office. )
At this point, Commissioner Levinson returned to the dais.
The City Attorney read the caption ofthe ordinance.
Ron Hoggard, Senior Planner/Redevelopment, stated this is a rezoning
associated with the Comprehensive Plan amendment. He stated the parcel is currently
owned by the City and it is being rezoned from the County designation to City RM-8
(Residential Medium Density 5 du/ac).
At its meeting of July 17, 2006, the Planning and Zoning Board held a
public hearing involving this parcel along with the adjacent parcel. After discussing the
proposal, the Board voted 6 to 1 to recommend that the request be approved. Staff
recommends approval of the request.
Mrs. Montague asked if the rezoning will include the workforce housing
units. Mr. Hoggard stated this area will not include the workforce housing.
Mrs. Montague moved to approve Ordinance No. 70-06 on FIRST
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
12.D. 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
- 21 -
11/21/06
provide enforcement to help prevent deterioration of the same. If passed, a public
hearing will be scheduled for December 5, 2006.
The caption of Ordinance No. 72-06 is as follows:
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.
(The official copy of Ordinance No. 72-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mrs. Ellis moved to approve Ordinance No. 72-06 on FIRST Reading,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague
- Yes. Said motion passed with a 5 to 0 vote.
12.E. 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". If passed, a public
hearing will be scheduled for December 5, 2006. Adoption of this Ordinance is required
by State Law.
The caption of Ordinance No. 74-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF 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.
- 22-
11/21/06
(The official copy of Ordinance No. 74-06 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe ordinance.
Mrs. Ellis moved to approve Ordinance No. 74-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Ellis
- Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman -
Yes. Said motion passed with a 5 to 0 vote.
12.F. 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. If passed, a public hearing will be
scheduled for December 5, 2006.
The caption of Ordinance No. 73-06 is as follows:
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.
(The official copy of Ordinance No. 73-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
The City Manager stated staff is adjusting the City's rate to match the
South Central Regional Wastewater Treatment and Disposal Board's (SCRWTDB) rate.
Mr. Levinson moved to approve Ordinance No. 73-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer-
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes.
Said motion passed with a 5 to 0 vote.
12.G. ORDINANCE NO. 75-06: An ordinance amending Chapter 35,
"Employee Policies and Benefits", of the Code of Ordinances by amending Section
35.097, "Retirement Income; Basis, Amount, and Payment", and Subsection 35.097(M),
"Early Retirement Incentive", to provide for changed eligibility timing. If passed, a
public hearing will be scheduled for December 5,2006.
The caption of Ordinance No. 75-06 is as follows:
- 23 -
11/21/06
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y 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.
(The official copy of Ordinance No. 75-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
The City Manager stated in the Police and Fire Pension Plan staff can
open the window whenever we think it is in our best interest and anyone who qualifies
before the window closes can avail themselves of their early retirement incentive. He
stated with general employees it is as of October I st. The City Manager stated there are
currently at least two people with medical conditions and their anniversary dates or
birthdays fall in October but after the first so they would have to wait another year.
Therefore, the City Manager stated staff is requesting the same flexibility with general
employees as with Police and Fire employees.
Mrs. Ellis moved to approve Ordinance No. 75-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Fetzer - Yes. Said motion passed with a 5 to 0 vote.
n.H. 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
98.09, "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". If passed, a public hearing will be scheduled for
December 5,2006.
The caption of Ordinance No. 65-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING ORDINANCE NO. 34-06 BY
AMENDING SECTION 37.45, "SUPPLEMENTAL
CODE ENFORCEMENT PROCEDURES",
- 24-
11/21/06
SUBSECTION (Q), "CIVIL PENALTIES", BY
REMOVING THE REFERENCE TO SECTION 98.09,
"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, SEW AGE, AND OTHER WASTE
MATERIALS"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 65-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Mr. Fetzer moved to approve Ordinance No. 65-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Montague
- Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes.
Said motion passed with a 5 to 0 vote.
12.1. 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. If passed, a public hearing will be scheduled for December 5,
2006.
The caption of Ordinance No. 66-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY 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 STRENGTHEN PROHIBITIONS ON
LITTERING ON THE MUNICIPAL BEACH,
RECREATIONAL FACILITIES AND PUBLIC PARKS,
- 25 -
11/21/06
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 PROHffiITION ON SMOKING
IN CERTAIN AREAS OF THE BEACH, THAT CAN BE
ENFORCED BY ISSUING CNIL CITATIONS IN
ADDITION TO OTHER REMEDIES, PROVIDING A
GENERAL REPEALER CLAUSE, A SAVINGS
CLAUSE AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 66-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Prior to the vote, Mrs. Ellis asked if this ordinance excludes the dog park.
In response, the City Manager stated the dog park is a County park.
Mrs. Montague moved to approve Ordinance No. 66-06 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs.
Montague - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A. City Manaf!er
The City Manager stated the FEC issue was discussed with the League of
Cities and the League has indicated that they would be pursuing it again and noted it was
a proposed Committee Bill last year. He stated this is an issue around the state and
suggested that staff continue to take it up with our Legislators.
Secondly, he stated at the last League Board Meeting there was discussion
about a school concurrency amendment. He stated Mary Stewart from Lantana suggested
that the League of Cities adopt the Code of Ethics for Elected Officials.
The City Attorney commented about lease agreements that will be
expiring in December.
Mr. Levinson inquired about the Legislative Agenda. The City Manager
stated it should be ready for the Commission to review next week.
- 26-
11/21/06
The League Board will be meeting with the Legislative Delegation on
December 13,2006.
13.B. City Attornev
The City Attorney stated she mailed the City Commission information
regarding the FEC issues.
Secondly, the City Attorney wished everyone a Happy Thanksgiving.
13.C.
City Commission
13.C.1.
Mr. Fetzer
Mr. Fetzer commented about a supplement in the South Florida Business
Journal for the City of Deerfield Beach and stated it contains great graphics.
Secondly, he stated the packing for the Project Holiday was a great event.
He thanked Commissioner Montague, former Commissioner Alberta McCarthy, and
Delores Rangel. Mr. Fetzer stated he would like to see what Delray Beach could do to
encourage other cities to get involved. Mayor Perlman stated he spoke to the League
about this.
Lastly, Mr. Fetzer wished everyone a Happy Thanksgiving.
13.C.2.
Mrs. Ellis
Mrs. Ellis stated she found the sessions at the League of Cities really good
this year. She commented that she hopes to email to the rest of the Commission the
position the League has taken on property taxes and insurance.
Mrs. Ellis stated the Florida Realtors' Association was supporting
portability for property taxes within the County.
Mrs. Montague stated they were against "Save Our Homes" and is trying
to find some median ground and are trying to stay neutral in their position.
13.C.3.
Mrs. Monta2ue
Mrs. Montague thanked everyone involved in Project Holiday and stated it
was an unbelievable success. She stated this is easily a project that can be embraced by
other cities and feels we should be working in conjunction with other cities as opposed to
one city doing one thing and one doing another. Mrs. Montague stated she would be
happy to use the League as a liaison so that we can continue supporting our troops for as
long as they need it.
- 27-
11/21/06
Mrs. Montague wished everyone a Happy Thanksgiving.
13.C.4.
Mr. Levinson
Mr. Levinson commented about the Special Olympics Fundraiser.
Secondly, he stated Bill Cruz indicated the Long Drive Contest is actually
out and the Putting Contest is in (7:45 a.m.).
He stated the Tri-County Barbeque will be held on December 15,2006 in
Belle Glade.
Mr. Levinson stated they purchased three more homes today at a
significantly reduced price. He stated there are seventeen (17) homes under construction
one of which is the habitat home. Mr. Levinson announced that the Communities Land
Trust (CLT) Annual Board Meeting is December 11, 2006 at 6:00 p.m. at Old School
Square. He stated currently eleven people are in bank loan work to start to fill some of
these homes.
He commented about an article in yesterday's editorial which highlighted
Delray Beach as the only place that is doing affordable housing work well.
Mr. Levinson wished everyone a Happy Thanksgiving.
13.C.5.
Mavor Perlman
Mayor Perlman stated Principal for a Day this year was terrific. He
thanked Janet Meeks, Education Coordinator, the Education Board and Debra Kaiser for
doing a really nice job for getting that program solidified.
Secondly, he stated the Gulf Stream Town Council passed the 175.
He stated the Community Child Care Center is officially named the
Achievement Center and they wanted to change their name to better reflect their new
vision. He commented about the fundraiser event on the ocean and stated it was a good
event.
Mayor Perlman stated a group of approximately 65 people came here from
Miami-Dade County coordinated under the Urban Environmental League which is a non-
profit organization in Dade County and they toured Delray Beach. He stated the
brochure was "Come and look at the best example of smart growth for the Southeast
Florida". He stated there was a broad group of people from CDC's, Neighborhood
Association Presidents, City and County people, and grass roots people. He stated they
are very taken by Delray Beach with regard to the scale and the way it has come together.
- 28-
11/21/06
He stated he saw Vice Mayor Ellis at Greenfield's Restaurant (comer of
Military Trail and Atlantic Avenue) last night where they held a fundraiser for c.R.O.S.
(Christians Reaching Out to Society) Ministries and the Caring Kitchen. Mayor Perlman
stated this raised a lot of money for the Caring Kitchen at a good time of year. Mrs. Ellis
stated it was a great event and commented that Nancy Hurd won the raffle.
Mayor Perlman stated he held a meeting at the Chamber of Commerce last
week which started as a State of Retail and what can be done about some of the
challenges facing retailers. He invited a number of retailers and they showed up along
with commercial property owners and the first issue was taxation on commercial
property. Mayor Perlman stated Representative Adam Hasner attended the meeting and
noted that the meeting was very interesting with passionate conversation. He stated
everyone left with a greater understanding of the issue and clearly the line out of
Tallahassee is local government is spending too much. Mayor Perlman stated it does not
take into consideration that the increased costs we now have to deal with such as
insurance, labor, chemicals, concrete and roads have become extraordinary. He is hoping
that the League of Cities and the League of Mayors will work together to get a strong city
message out.
He commented about a magazine entitled Where to Retire (a quarterly
magazine) and noted there is a twelve page spread featuring Delray Beach.
Mayor Perlman commented about the garages and asked for an update on
the timetable. The City Manager stated the owner is aiming for December 15th; however,
the contractor feels this is probably not realistic. The City Manager stated they have
asked to meet with City staff regularly so that we can expedite any issues that might
come up regarding fire inspections or street improvements that might delay the opening.
The City Attorney stated staff did provide a checklist of things that need to be done from
a legal standpoint of turning over the property.
Mr. Levinson suggested that starting at the end of the day tomorrow
reopen and properly sign and barricade the street (15t.s). He stated he drove around this
area and saw crushed rock compacted and there were no other barricades anywhere else.
Mr. Levinson stated we need to have barricades in place and have staff make sure
everything is the way it is supposed to be and ensure that it is safe.
Mayor Perlman stated he and Mary Wong delivered turkeys to the Child
Care Center, Pompey Park, and the Youth Vocational Charter School.
The City Manager stated the State has done a lot of things which has
shifted costs from the State to the local property taxpayer. The required local effort for
schools ten years ago was funding a little over thirty percent (30%) of the school budget
and now it is up to fifty percent (50%) in addition to the Article V court costs, Medicare
costs, and other costs that have shifted to the County Property Tax base that formally the
State was funding. The City Manager stated the message needs to get out that much of
- 29-
11/21/06
the reason the property taxes are so high is because the State has cut their taxes and
shifted the burden to County and City government.
Mr. Levinson referenced a letter to the editor from a non-resident who
resents higher property taxes and does not feel there should be two levels of taxation.
Lastly, Mayor Perlman wished everyone a Happy Thanksgiving.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:16 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on November 21, 2006, which Minutes were formally approved and adopted by the City
Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 30-
11/21/06
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDOLE NAME
Perlman Jeffre L.
MAlUNG ADDRESS
COUNTY
Palm Beach
NAME Of BOARD, COUNCIl, COMMISSION, AUTHORITY, OR COMMITTEE
Delray Beach City Commission
THE BOARD. COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT Of:
:JfJ CITY Q COUNTY Q OTHER lOCAl AGENCY
NAME OF POlITICAl. SUBDIVISION:
DATE ON WHICH VOTE OCCURRED
11/21/2006
MY POSITION IS:
X'd ELECTIVE
Q APPOINTIVE
WHO MUST FILE FORM 88
This form Is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council.
commission, authority. or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of Interest under Section 112.3143, Florida Statutes.
. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which
Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F .S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a *relatlve* includes only the officer's father. mother, son, daughter, husband, wife. brother, sister, father-In-law,
mother-in-law, son-in-law, and daughter-in-law. A -business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
. ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above. you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should Incorporate the' form in the minutes.
*
.
*
*
*
*
*
*
*
*
*
*
.
.
APPOINTED OFFICERS:
Although you must abstain from voting In the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE W1U BE
TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who wiD incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 112000
Item 9. F
PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the fonn in the minutes. A copy of the fonn must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
Jeffrey Perlman
. hereby disclose that on
November 21,
,20<16.-:
(8) A measure came or will come before my agency which (check one)
Inured to my special private gain or loss;
Inured to the special gain or loss of my business associate,
Dianna
Colonna
ux. Inured to the special gain or loss of my relative.
Inured to the special gain or loss of
whom I am retained; or
Inured to the special gain or loss of
Is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest In the measure is as follows:
Diane Colonna, my wife, is the Executive Director of the Community Redevelopment
Agency (CRA). I have a conflict voting on items that directly affect the CRA.
,by
. which
11/21/2006
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000
PAGE 2
~
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
IN LIEU PARKING FEE REQUEST FOR MELLOW MUSHROOM
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This in lieu parking fee request has come before the City Commission on
November 21, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the in lieu parking fee request for Mellow
Mushroom. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Subsection I.
I. IN LIEU PARKING FEE:
Pursuant to LOR Section 4.6.9(E)(3), when additional parking is required for a change
of use and it is impossible or inappropriate to provide such parking the City Commission
may approve the payment of an in lieu fee rather than provide the required parking.
Does the In Lieu Parking Fee request meet the requirements of LOR Section
4.6.9(E)(3) and the conditions, if any, listed below?
The in-lieu fee is pavable at time of issuance of the buildina permit.
Yes X No
3. The City Commission hereby finds that the In Lieu Parking Fee Request
meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the
conditions listed above, and the City Commission has applied the Comprehensive Plan
and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan and Land Development Regulations.
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
1
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 l
denies _ the in lieu parking fee request as set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 21st day of November, 2006, by a vote of 5
in favor and
o
opposed.
ATTEST:
~L~~.~.~~
Chevelle Nubin, City Clerk
2
DECEMBER 5. 2006
A Regular Meeting of the City Commission of the City of Delray Beach.
Florida. was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, December 5. 2006.
L
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden. City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Ron Arflin with Abbey
Delray South.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman noted a revised agreement for Item S.P., Subordination
Ae:reementlOrion Bank.
He stated that Item 9.C., FY 2007 Performance Measures/Golf Courses
and Tennis Facilities has been removed from the Agenda.
Mayor Perlman noted a revised agreement for Item 9.D., Housine:
Assistance and Development Ae:reement.
Mayor Perlman stated there is revised information for Item 10.A.,
Ordinance No. 59-06 and Item 10.B. Ordinance No. 33-06. Item 10.K, Ordinance
No. 76-06 will be postponed to a date certain of December 12, 2006 for a First Reading.
He stated that Item 10.A, Ordinance No. 59-06. will be conducted as a
First Reading tonight with a Second Reading on January 2.2007.
- 1 -
12/05/06
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson
- Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion
passed with a 5 to 0 vote.
5.
APPROVAL OF MINUTES:
. NONE
6.
PROCLAMATIONS:
. NONE
7.
7.A.
Butler
PRESENTATIONS:
City of Delrav Beach Student Residents' Academv Certificates - Lula
Lula Butler, Director of Community Improvement, stated this is the First
Student Residents' Academy. She stated they have expanded their educational
component for residents to the students and fifteen (15) students are graduating. The
students attended one and a half hour long sessions for 3 weeks and learned about their
town. Mrs. Butler and Mayor Perlman presented certificates to the following graduates
of the Student Residents' Academy:
Emily Acosta
Samantha Frontera
Jordan Coyne
Jessica Perfetto
Abinash Sahoo
Samantha Perlman
Whittaker Bullard
Billy O'Connor
Joanna Luo
Alice Wang
Jake Gittelmacher
Bojana Pencheva
Liza Ritter
Rachel Flood
Rachel Medeiros
Yimin Chen
Tyler Kennedy
Lindsay Brandt
Devon Rosecan
-2-
12/05/06
Mrs. Butler thanked the Commission for their support and assistance.
At this point, two students came forward and gave a few brief comments
regarding the program.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.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.
8.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 Whatley
Road in the Country Club Acres subdivision.
8.C. LEE'S CROSSING HOMEOWNERS ASSOCIATION.
INC./TRAFFIC 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.
8.D. RESOLUTION NO. 72-06: Approve Resolution No. 72-06 supporting
the proposed Fine Arts Program at Plumosa Elementary School.
The caption of Resolution No. 72-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA SPPORTING
THE PROPOSED FINE ARTS PROGRAM AT
PLUMOSA ELEMENTARY SCHOOL.
(The official copy of Resolution No. 72-06 is on file in the City Clerk's
office.)
8.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).
- 3 -
12/05/06
S.F. LEASE AGREEMENTIM 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 FundlBuilding).
S.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).
S.H. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.1.
S.I. SPECIAL EVENT REOUESTIHOW ARD ALAN 1Sth 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 Atlantic Avenue, east of side of N.E.lS.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 Atlantic Avenue just east of 1-95
ten (10) days prior to the event with the sponsor paying all overtime costs.
S.J. ACCOUNT FUNDING CHANGEIHOUSING 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 (I) housing rehabilitation deferred payment loan (609 S.W. 8th Avenue) in
the amount of$34,125.00.
S.I(. 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).
S.L. AMENDMENT TO LEASE AGREEMENTINEW 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 $17,500.00 for twelve (12) months from December I, 2006 to
November 30, 2007 and providing that if Cingular is able to transfer the lease to another
entity the City's approval of such transfer shall not be unreasonably withheld.
-4-
12/05/06
S.M. AMENDMENT TO LEASE AGREEMENT/NEW CINGULAR
WIRELESS PCS. LLC: Approve an Amendment to the lease agreement with Cingular
Wireless, PCS, LLC on the Police Department radio tower, providing that Cingular will
pay the City a monthly rental fee of$I,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.
S.N. ADDENDUNUCONTRACT FOR SALE AND PURCHASE OF
PROPERTYIDELRAY 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.
S.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.
S.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.
!:2: 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.
S.R. RESOLUTION NO. 73-06: Approve Resolution No. 73-06 supporting
Municipal Home Rule.
The caption of Resolution No. 73-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY 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 CITY SHOULD
HAVE THE AUTHORITY TO GOVERN WITHIN ITS
JURISDICTION; FURTHER PROVIDING THAT SUCH
AUTHORITY SHOULD NOT BE
- 5 -
12/05/06
ERODED;PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
(The official copy of Resolution No. 73-06 is on file in the City Clerk's
office. )
8.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-00I0M 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).
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes.
Said motion passed with a 5 to 0 vote.
9.
9.A.1. AMENDMENT NO. l/S0UND INVESTMENTS BY J.W. INC./PRO
DVD MAKERS: Approve 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.
Funding is available from 001-4111-572-46.90 (General Fund/Other Repair/Maintenance
Costs).
REGULAR AGENDA:
Commissioner Levinson expressed concern regarding the advertising.
Commissioner Ellis stated she looked at the website and did not see any
ads and was impressed that there were no ads.
Mr. Levinson suggested that the City spend $24,000.00 not to have ads
because he is concerned about where they are going to sell them and who they are going
to sell them to.
The City Attorney suggested postponing Amendment No.1.
- 6 -
12/05/06
Danielle Beardsley. Recreation Supervisor III/Marketing, stated James
Arena from Pro DVD Makers is present for any questions the Commission may have.
Brief discussion by the Commission, the City Attorney, and Mr. Arena
followed.
The direction of the Commission is to spend the $24,000.00, not have any
ads, and postpone to the December 12,2006 City Commission meeting to work out terms
of the agreement.
Mrs. Ellis moved to postpone this item to the December 12, 2006 City
Commission meeting, seconded by Mrs. Montague. Upon roll call the Commission voted
as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer-
Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 6:20 p.m., the Commission moved to Item
9.D. of the Regular Agenda.
9.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.
The City Attorney stated the agreement is between the City of Delray
Beach, the Chamber of Commerce and the Community Land Trust (CLT) and it provides
that the City of Delray Beach will do expedited processing of permitting and the plan is
that the CL T will receive land and perhaps units if they are awarded the grant. The
Chamber of Commerce will provide information making sure people know about this
opportunity should they obtain it. There will need to be another developer's agreement
setting out more particular terms as it applies to the CLT. The City Attorney stated if the
City or the CL T is not satisfied with that then this agreement will be null and void.
The City Attorney referenced page 2, "B" regarding the deadline date of
December 15, 2006. She stated if the agreement is not reached by then this agreement
will terminate.
Commission Levinson thanked Susan Ruby and David Schmidt for their
work on this.
Mrs. Ellis moved to approve the Housing Assistance and Development
Agreement between Midtown Delray, LLC and the City of Delray Beach, Delray Beach
Community Land Trust, Inc. (CLT) and the Delray Beach Chamber of Commerce for the
development of workforce housing, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer-
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
- 7 -
12/05/06
At this point, the Commission moved to Item 9.A., of the Regular
Agenda.
9.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)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he provided the emails to the City Clerk. Mrs.
Montague stated she forwarded emails to the City Clerk. Mayor Perlman stated he has
emails that he will forward to the City Clerk. Mrs. Ellis stated she has emails that she
will forward to the City Clerk. Mr. Fetzer stated he has emails that he will forward to the
City Clerk's office.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Project File #2007-020 into the record.
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 and attached two-car garage. 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 fayade, or to place the garage further back
on the property as a detached structure. The 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 a two-car garage located to the rear of the north
elevation. The total square footages totaled 4,275 square feet. 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 28, 2006, the
City Commission implemented a six-month moratorium on new development that was
put into place. At the end of the moratorium this application was re-submitted and
considered by the Historic Preservation Board (HPB) at their November 15, 2006
meeting and it was approved subject to the conditions listed on page six (6) of the City
Commission documentation. At that time, staff was recommending approval subject to
eight (8) criteria; six (6) of those were adopted by the Board and two (2) were not
(Condition #7 - That the second story is modified to appear less massive, and Condition
#3 - That the garage contains a secondary appearance, and is minimally visible from
North Swinton Avenue).
- 8 -
12105/06
At its meeting of November 21,2006, the City Commission requested that
this item be removed from the Consent Agenda. At this meeting, the Commission, with a
vote of3 to 2, approved to appeal the Historic Preservation Board's (HPB) decision.
Warren Adams, read his credentials into the record, briefly discussed how
the structure is incompatible with the existing historic structures and the Del-Ida Park
Historic District.
David Rosenbom, Applicant, stated he has owned the property for
approximately one year. He stated he used advice given to him by Warren Adams,
neighbors, and Amy Alvarez, Historic Preservation Planner. Mr. Rosenbom stated there
is a lot of property in Del-Ida Park Historic District that needs improvement.
Mayor Perlman asked if there is anyone from the public who would like to
speak in favor or in opposition of the request to come forward at this time.
John Miller. 1502 Fenton Drive. Delrav Beach. speakine: as a Historic
Preservation Board (HPB) member. briefly viewed the LDR and what was presented to
the Historic Preservation Board (HPB). He stated if this is turned down he feels it will be
very difficult for anyone to do anything in these neighborhoods and this does not
encourage any reuse in these types of neighborhoods. Furthermore, he stated the
property values will crash and will deteriorate the neighborhoods as a whole in the
historic districts. He stated he is on HPB because he wants to keep these neighborhoods
viable which sometimes mean allowing a little more square footage. He agrees that the
average house size is different than it was when it was built. Mr. Miller stated if we do
not do something to make these neighborhoods attractive so that people want to live in
them the neighborhood is going to go down hill.
Matt Grabham. 350 S.E. 7th Avenue. Delrav Beach. asked how this is
serving the interest of the public when the homeowner living in this house wants to
develop and the neighbors have said okay. Mr. Grabham stated he has done his best to
work with everyone to try and get to what he wants to do and because of a few criteria he
is being stopped.
Lois Brezenski. 110 N.E. 7th Street:. Delrav Beach. she urged the
Commission to walk through the Del-Ida Park Historic District and find one garage on
the street. She stated she is all for improving the neighborhood; however, she is asking
that the homes be compatible with what is there already. Ms. Brezenski stated she has a
two car garage behind her home and noted that the historic districts were built with
driveways and garages behind the homes (if they have them at all). She urged the City
Commission that if they approve this home to move the garage behind the house where
everyone else in the district has theirs located (if they have a garage).
-9-
12/05/06
Tom O'Reily. 325 S.E. 7th Avenue. Delray Beach. stated he does not see
anything appalling about the elevations and feels this home should not be considered
under the new LDR.
Shannon Dawson. 527 North Swinton Avenue. Delray Beach. stated
Mr. Rosenbom has a huge lot (80 x 125) compared to most properties (50 x 100) in the
Del-Ida Park Historic District. She agrees that this is a little bit of a larger house but he
has larger property and there are constraints with these lots. She stated his first proposal
that was approved did have the garage to the rear and rooms moved to the front as
suggested by Mr. Adams. Mrs. Dawson stated Mr. Rosenbom has been working with
staff for a long time and feels it is now that he is being made to go back to where he
started. She stated under the new guidelines he probably will not be allowed to have a
second story and feels the second stories add a lot of charm to the districts. She made
reference to a home located at 306 North Swinton A venue and noted that this would not
be allowed under the new LDR that are being proposed because it does have a second
story. Mrs. Dawson stated it is very confusing for applicants and feels these regulations
are affecting her quality of life.
Livia Landry. 701 North Swinton Avenue. Delray Beach (her
property directly abuts the subiect property on the south side). stated she has worked
with Mr. Rosenbom on his project and came up with a few compromises. She stated
historic districts are not there to keep up with current trends but are there to preserve a
particular place in time (i.e. history). She stated current trends would allow projects that
typically would not be appropriate in the historic districts. She stated she is not
completely against this project and was surprised when she learned that Mr. Rosenbom
did put the garage in the front because there was nothing in the discussions she had with
him that indicated he was going to be moving the garage to the front. Mrs. Landry urged
the Commission to consider the recommendations of staff and Mr. Adams and allow her
neighbor to build his house.
Crail!: Valvo. 325 S.E. 7th Avenue. Delray Beach. owns a few properties
in the historic district, stated the currently proposed LDR are in some way being
considered against this project. He stated this should not be the case here. Mr. Valvo
stated under the currently proposed guidelines (the Special Design Consideration section)
it states that "parking should not be in the rear of the property." He stated in the
Appendix of the document in the district impact study it says that the "parking should not
be in the front of the house." Mr. Valvo stated the new LDR contradict each other and
does not feel these LDR should be imposed on Mr. Rosenbom and they are contradicting
specifically to this situation and noted for the record that the garage does not face the
front of the street so the impact on the street is minimized as opposed to a front facing
garage.
Carolyn Patton. 1020 Tamarind Road. Delray Beach (owns property
in the Marina Historic District). stated both the old LDR and the new LDR stress
compatibility in the neighborhood. She stated the proposals by Mr. Adams and the
Planning Department bring this property into compatibility with the neighborhood. She
- 10-
12/05/06
commented that the new LDR are giving better measuring sticks for that compatibility.
Having been a property owner in the historic district since it was first formed in the late
1980's, Mrs. Patton assured Mr. Miller that the property values in a historic district are
not determined by "bigger is better" but instead are determine by what is being done this
evening which is maintaining the integrity of the district itself. Mrs. Patton stated she
appreciates the fact that staff is working with this owner to try to bring compatibility to
the property.
There being no one else who wished to address the Commission regarding
the appeal of the Historic Preservation Board's (HPB) decision, the public hearing was
closed.
There was no cross-examination.
The following individuals gave a rebuttal:
Warren Adams stated his entire assessment was done with the existing
LDR and noted he did not take any account of the proposed new guidelines or Land
Development Regulations. He stated he looked as to how it fits with the existing
guidelines and emphasized that this is about compatibility and being comparable with the
historic area. Mr. Adams stated even if twenty-five percent (25%) is knocked off the
second floor, this will still be the second or third largest house in that district and noted
there is not one garage in Del-Ida Park Historic District where the entire garage is stuck
onto the front fayade of the building regardless what way the door faces.
David Rosenbom commented about the garages in the neighborhood and
displayed a picture of 721 North Swinton Avenue with the garage on the street. He stated
if the City wants him to put the garage in the back then he will place the garage in the
back and twenty-five percent (25%) less on the second story then he will do this.
The City Attorney stated that we are applying only the current LDR to this
appeal.
Mrs. Ellis stated this is a historic district and has been since the 1980's and
working with staff over the last year the staff has consistently been against Mr.
Rosenbom's proposed house because he has not followed their direction and has tried to
do other things. Mrs. Ellis stated that if Mr. Rosenbom had listened to what staff has
been saying all along for a year, the criteria that have not been met would have been met.
Mrs. Ellis stated she does not understand why the Historic Preservation Board would pass
this with a vote of 5 to 0 with six outstanding items they want to have met before it really
would be approved. Mrs. Ellis stated this is being turned around about what is necessary
in order to meet the requirements of the historic neighborhood. Mrs. Ellis stated the
Commission is not here to make a decision based upon how many times Mr. Rosenbom
has appeared before the Historic Preservation Board or appealed to this Commission.
However, it is about following the guidelines that are in place when the project was
initially proposed. She stated too many times these Boards are making these approvals
- 11 -
12/05/06
with many conditions attached but in actuality they should really be turning down the
plan until they get a plan that does meet those conditions.
Mr. Levinson stated the intent has been to create the new guidelines that
would clarify the existing expectation of what we have and make it a little more specific.
He asked if this plan will meet the new guidelines. Mr. Dorling stated it would not meet
those guidelines that are being proposed. Mrs. Alvarez stated it did not meet the criteria
at that time; the criteria at that time were different than what is being currently proposed.
At that point, it met the three criteria and Mr. Rosenbom was advised of that at the
Historic Preservation Board (HPB) meeting.
Mrs. Montague stated there are six conditions that HPB has presented to
Mr. Rosenbom and there are two conditions that staff has presented (#7 - reducing the
massing of the second story as well as #3 moving the garage to the back). She stated Mr.
Rosenbom has made two conflicting statements this evening one being that it is a
problem for him to reduce the size and make the modifications and he also stated that he
would be willing to abide by those conditions. Mrs. Montague asked Mr. Rosenbom to
clarify his statements. Mr. Rosenbom stated he is willing to reduce (second story by
twenty-five percent (25%) and do what the Commission gives him direction to do.
Mr. Dorling emphasized that Mr. Adams talked about at least at a
minimum of twenty-five percent (25%) and talked about a range of twenty-five to fifty
percent (25-50%) on the second floor. However, there are other conditions that are listed
and were part of the HPB's decision and those would also be applied to, and we would
have to take a look at where he reduced the square footage, and how he laid out the
garage to make sure it was compatible. Mr. Dorling stated without seeing a plan, staff
cannot make this decision definitively.
Brief discussion continued between staff and the Commission.
Mr. Fetzer concurs with comments expressed by Commissioner Ellis. He
stated there are many conditions and feels it is very much a compatibility issue and to add
two conditions back in that were originally eliminated still will not guarantee that the
project can be approved.
Mayor Perlman inquired about Mr. Adams' comments about the
architecture. Mr. Adams stated having the garage stuck onto the front fayade is not
consistent with the overall historic architecture. Mr. Adams stated the new guidelines do
allow a partial second story.
Mr. Dorling stated the new design guidelines require the second story to
be within one-half story of the surrounding properties that would allow a partial second
story and would not allow a one-hundred percent (100%) second story above the ground
floor square footage.
Mayor Perlman stated he would like to see Mr. Rosenbom move into the
- 12-
12/05/06
community and live in a nice home that is compatible to the historic district. He stated he
does not agree with the notion that we have to live in 4,000-5,000 square foot homes in
the historic districts because there plenty of other neighborhoods other than the historic
district that are appropriate. Mayor Perlman stated he appreciates everything Mr.
Rosenbom has been through during the last year; however, the responsibility of the
Commission is for generations and to protect a neighborhood and in some cases reclaim a
neighborhood. Mayor Perlman stated there seems to be a breakdown in the process and
suggested that when a homeowner comes into the City that they bring an architect with
them and would like to see staff give clearer direction to the applicants. Mayor Perlman
stated this should be going to the HPB with more input and direction from staff instead of
it being a guessing game and a frustrating experience.
Brief discussion by the Commission continued.
Mr. Levinson expressed concern that five members of the HPB supported
this. He stated staff must provide specific direction (i.e. the new guidelines) to the
applicants so they know what to move forward.
Mrs. Ellis stated we should give Mr. Rosenbom the opportunity to meet
the criteria that was established by staff and the Historic Preservation Board as items that
need to be addressed.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Ellis moved to approve the appeal and adopting the Board Order
(which overturns the HPB's approval), seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - No;
Mrs. Montague - No; Mayor Perlman - Yes. Said motion passed with a 3 to 2 vote,
Commissioner Montague and Commissioner Levinson dissenting.
At this point, the City Manager stated he is very concerned about the idea
that you have to gentrify the historic districts in order to save them because he feels this
will ultimately destroy the districts (5% of the entire city). He stated there are plenty of
places to build big houses and in his opinion the historic districts are not the place to do
it. The City Manager stated once the City has clear regulations in place and it is evident
that there is a commitment to keep the districts, and then people who like historic districts
will invest there. He stated people who like historic districts are reluctant and are
concerned that they are going to be forced out and people who do not like historic
districts are reluctant because they do not think they can get approved for the kind of
house they want to build.
Brief discussion between Mr. Levinson and the City Manager continued.
At this point, the time being 7:34 p.m., the Commission moved to the duly
- 13-
12/05/06
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.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)
The caption of Ordinance No. 59-06 is as follows:
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 DUlAC); 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.
office. )
(The official copy of Ordinance No. 59-06 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
The City Attorney stated this ordinance has been advertised for a public
hearing and quasi-judicial proceeding at this time. She made reference to Section 6 of the
ordinance that was at first reading. The City Attorney stated the previous ordinance
conditioned of lots 1-6 being a large lot whereas this ordinance has 12,500 square feet
lots for lots 1-6, and lots 24 & 29; and, then there can be no more than 21 lots and each
lot must meet the minimum requirements ofR-l-AA zoning district.
- 14-
12/05106
Mayor Perlman recommended accepting the revised ordinance.
The City Attorney made reference to Exhibit "A".
Mr. Levinson moved to approve amended Ordinance No. 59-06 which
includes Exhibit "A" as a First Reading, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
10.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. Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 33-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING 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 P ARKlNG",
TO ESTABLISH A NEW MIXED USE ZONING
DISTRICT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTWE DATE.
(The official copy of Ordinance No. 33-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
The City Attorney stated the effective date has been changed to when the
Comprehensive Plan regarding this has been approved.
Paul Dorling, Director of Planning and Zoning, stated this is to create a
new zoning district called MROC (Mixed Residential Office and Commercial) which
- 15 -
12/05/06
encourages mixed-use, identifies permitted, conditional, accessory and supplementary
uses allowed. He stated generally it is to attract Class A office development through the
Congress Avenue corridor extending from 1-95 to Congress Avenue from the City Limits
to Atlantic Avenue and including the Congress Park and Congress Park South as well as
the Office Depot pieces south of Old Germantown Road. Mr. Dorling stated it will
encourage Class A office and allow it up to a maximum of one-hundred percent (100%)
and will also allow general retail uses up to twenty percent (20%) and a maximum
density of forty (40) units per acre and fifty (50) units per acre within 2,500 feet of the
Tri-Rail station. It would also allow workforce housing.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 33-06,
the public hearing was closed.
Prior to the vote, Mr. Levinson commented about the schedule from the
County.
Mrs. Ellis moved to adopt Ordinance No. 33-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes;
Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
10.C. 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.
The caption of Ordinance No. 71-06 is as follows:
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 P ARTICULARL Y
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 71-06 is on file in the City Clerk's
office.)
The City Attorney stated Ordinance No. 71-06 concerns a privately
initiated rezoning from Industrial to MIC (Mixed Industrial and Commercial) for 8.8
- 16-
12/05/06
acres of property along Depot Road north of the Old Train Station between the CSX
Railroad and 1-95. She suggested that the Commission make a motion to continue to a
date certain of January 16, 2007 and there will be a public hearing and a quasi-judicial
hearing.
Paul Dorling, Director of Planning and Zoning, stated this is part of the
Comprehensive Plan Amendment 2006-1 and it is being postponed to correspond with
the adopting ofthe related land use amendment as is Item 1O.D.
Mrs. Ellis moved to continue Ordinance No. 71-06 to a date certain of
January 16, 2007, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote.
10.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.
The caption of Ordinance No. 70-06 is as follows:
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, 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 EFFECTIVE DATE
(The official copy of Ordinance No. 70-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
- 17 -
12/05/06
The City Attorney stated this is 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 acre parcel of land located on the south side of 133rd Road South,
640 feet west of Barwick Road approximately 1,400 feet north of Lake Ida Road.
Mr. Fetzer moved to continue Ordinance No. 70-06 to January 16, 2007,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
to.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. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 72-06 is as follows:
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 PROHffilT 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.
(The official copy of Ordinance No. 72-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the pubic who wished to address the Commission regarding Ordinance No. 72-06,
the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 72-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
- 18 -
12/05/06
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs.
Montague - Yes. Said motion passed with a 5 to 0 vote.
to.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. Prior to consideration of passage of this ordinance
on Second and FINAL Reading, a public hearing has been scheduled to be held at this
time.
The caption of Ordinance No. 74-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF 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.
(The official copy of Ordinance No. 74-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated amendments to the
growth management legislation were approved in 2005 which directed local governments
to enact concurrency management ordinances of this type by December I, 2006. He
stated this basically allows developers to satisfy traffic concurrency requirements through
a proportionate share of mitigation if facilities are either identified for funding in the five
(5) year CIP or other long-term concurrency management systems, or if such facilities are
reflected in the next update of the CIP.
At its meeting of November 6,2006, the ordinance was considered by the
Planning and Zoning Board. The Board discussed the proposed ordinance and
recommended approval with a 7 to 0 vote.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 74-06,
the public hearing was closed.
- 19 -
12/05/06
Mrs. Montague moved to adopt Ordinance No. 74-06, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer-
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
to.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. Prior to consideration of passage of
this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be
held at this time.
The caption of Ordinance No. 73-06 is as follows:
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
DELRAY 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.
(The official copy of Ordinance No. 73-06 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 73-06, the public
hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 73-06 on Second and FINAL
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs.
Ellis - Yes. Said motion passed with a 5 to 0 vote.
to.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. Prior
to consideration of passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
- 20-
12/05/06
The caption of Ordinance No. 75-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING SECTION 35.097, ''RETIREMENT
INCOME; BASIS, AMOUNT, AND PAYMENT", BY
AMENDING SUBSECTION 35.097(M), "EARLY
RETIREMENT INCENTNE", TO PROVIDE FOR
CHANGED ELIGIBILITY TIMING, PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 75-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 75-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 75-06 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote.
10.1. ORDINANCE NO. 65-06: An ordinance amending Ordinance No. 34-06
ofthe Code of Ordinances by amending Section 37.45, "Supplemental Code Enforcement
Procedures", Subsection (Q), "Civil Penalties", by removing the reference to Section
98.09, "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".
The caption of Ordinance No. 65-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING ORDINANCE NO. 34-06 BY
AMENDING SECTION 37.45, "SUPPLEMENTAL
CODE ENFORCEMENT PROCEDURES",
SUBSECTION (Q), "CNIL PENALTIES", BY
REMOVING THE REFERENCE TO SECTION 98.09,
- 21 -
12/05/06
"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.
(The official copy of Ordinance No. 65-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 65-06,
the public hearing was closed.
Mr. Fetzer moved to approve Ordinance No. 65-06 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.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.
The caption of Ordinance No. 66-06 is as follows:
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
- 22-
12/05/06
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 CNIL CITATIONS IN
ADDITION TO OTHER REMEDIES, PROVIDING A
GENERAL REPEALER CLAUSE, A SAVINGS
CLAUSE AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 66-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 66-06,
the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 66-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs.
Montague - Yes. Said motion passed with a 5 to 0 vote.
10.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". Ifpassed, a public hearing will be scheduled for January 2,2007.
(Postponed to date certain o/December 12,2006)
- 23-
12/05/06
The caption of Ordinance No. 76-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRA Y BEACH,
BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY
ENACTING SECTION 4.3.3(DDD), "DAY AND NIGHT
TREATMENT WITH COMMUNITY HOUSING", TO
PROVIDE LOCAL REGULATIONS GOVERNING DAY
AND NIGHT TREATMENT WITH COMMUNITY
HOUSING; AMENDING SECTIONS 4.4.6, "MEDIUM
DENSITY RESIDENTIAL (RM) DISTRICT"; 4.4.9
"GENERAL COMMERCIAL (GC) DISTRICT", 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT," 4.4.16,
"PROFESSIONAL AND OFFICE (POD) DISTRICT,"
4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT",
4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT,"
AND 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OS SHAD)", TO ADD "DAY AND
NIGHT TREATMENT WITH COMMUNITY HOUSING"
AS CONDITIONAL USES AND STRUCTURES
ALLOWED; AMENDING APPENDIX "A", "TERM
AND DEFINITION," ADDING THE DEFINITION OF
"DAY AND NIGHT TREATMENT WITH
COMMUNITY HOUSING"; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 76-06 is on file in the City Clerk's
office. )
The City Attorney suggested that Ordinance No. 76-06 be postponed to a
date certain of December 12, 2006 for the First Reading/First Public Hearing.
Mrs. Ellis moved to postpone Ordinance No. 76-06 to December 12,2006
for a First Reading/First Public Hearing, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
to.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
- 24-
12/05/06
to provide a single, combined and updated sign code; and amending Appendix "A",
"Definitions", to provide updated definitions relating to signs. Ifpassed, a public hearing
will be scheduled for January 2,2007.
The caption of Ordinance No. 78-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE 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 EFFECTNE
DATE.
(The official copy of Ordinance No. 78-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter ofthe City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated recent case law
stated that the City could not regulate signage based upon 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 "ConstructionlDevelopment sign" and
Political sign".
At its meeting of November 20, 2006, the Planning and Zoning Board
considered this text amendment and recommended approval with a 4 to 0 vote
(Eliopoulos, McDuffie and Halberg absent). Staff recommends approval.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 78-06, the public
hearing was closed.
- 25 -
12/05/06
Mr. Fetzer moved to approve Ordinance No. 78-06 on First ReadinglFirst
Public Hearing, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman -
Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
10.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 N.E. 6th Avenue (former O.C. Taylor
Dealership) with a combined total of 23.2 acres, located between N.E. 4th Street and
George Bush Boulevard and extending from the FEC Railroad to approximately Yz block
east of N.E.6th Avenue. If passed, a public hearing will be scheduled for January 16,
2007.
The caption of Ordinance No. 69-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED AC (AUTOMOTNE 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 Yz BLOCK EAST
OF NE 6TH AVENUE, 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.
(The official copy of Ordinance No. 69-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this proposed
rezoning was originally initiated by a private party (O.C. Taylor) and by the City of
Delray Beach. The applicant has withdrawn his request for the O.C. Taylor piece and
this is being continued as a City initiated amendment because staff feels given its location
and size that it is more appropriate to be part of this CBD (Central Business District)
extension. Mr. Dorling stated this was originally considered as the Comprehensive Plan
- 26-
12/05/06
Amendment 2006-1 which will be back before the City Commission in January for final
certification. The North Federal Highway Plan extends from 4th Street north to the City
limits and identifies this area as one that should be considered for expansion of the CBD
as it is more appropriate in its characteristics and more consistent with what is going on
to the south than what is going on to the north.
Mr. Dorling stated at its meeting of July 17, 2006, the Planning and
Zoning Board held a public hearing as part of the Comprehensive Plan 2006-1 transmittal
and recommended approval. He stated required findings are made in the staff report and
staff recommends approval of this ordinance.
Michael Weiner. Weiner & Aronson. P.A.. 102 North Swinton
Avenue. Delrav Beach, stated he is here on behalf of O.C. Taylor and noted that Mr.
Taylor would like to withdraw from this rezoning and will make their case at the quasi-
judicial hearing.
Jerry Becker. 426 N.E. 7th Avenue. Delrav Beach, stated he attended the
Planning and Zoning Board meeting and made comments at that meeting. He expressed
concern with the height of the buildings and what the regulations are, not particularly, on
the front facing Federal Highway but on the alleyway from behind.
Calvin Paris. 445 N.E. Federal Hiehwav (Federal Auto Plaza). Delrav
Beach, asked with this change, ifhe will be allowed to rebuild, following an Act of God,
even if the existing building is considered non-conforming. Mr. Dorling stated currently
the code now allows residential buildings that are non-conforming to be rebuilt within a
certain time period if damage is a result of a natural disaster. Mr. Dorling also stated the
revision this evening also extends to commercial properties. Mr. Paris also expressed
concern over the parcel of land known as 5th Street which runs eastward from Federal
Highway going north to a curb that he understands will be abandoned by the City and
shared with the owners on each side. He asked when this will take place. The City
Manager stated he is not aware of any plan to abandon any part of 5th Street.
Mrs. Ellis moved to approve Ordinance No. 69-06 on First ReadinglFirst
Public Hearing, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
B.A.
City Manaeer's response to prior public comments and inquiries.
The City Manager had no comments or inquiries on non-agenda items.
- 27-
12/05/06
II.B.
From the Public.
I1.B.l. Matthew (Matt) Grabham. 350 S.E. 7th Avenue. Delrav Beach. stated
he supports Historic Preservation. He referred to the City's guidelines ("Modify a
District") and stated there has to be a written justification of the special character of the
property that you want to add, and you have to change the definition of the period of
significance because it's expanded and is changing a district. In his opinion, Mr.
Grabham stated if a district is modified it should include some form of public
consultation and public support. He stated previously he sent the Commission the
National Historic Preservation Act, which establishes a simple majority and fifty-one
percent (51%) is needed of consent of owners in the district to become a district. He
stated he received an email from the Chief of the Bureau of Historic Preservation of the
Department of State who suggested that the City of Delray Beach conduct a survey of all
the properties if the period of significance is being changed.
II.B.2. Alice Finst. 707 Place Tavant. Delrav Beach. stated she was pleased
when approximately two years ago the Commission made a commitment to improve
Congress Avenue and the area of Military Trail known as the Four Comers. She stated
over the years there has been discussion over the Four Comers area indicating that this
area would have mixed use, office and housing, and other opportunities to make this area
more attractive. In November, she attended a meeting of the Site Plan Review and
Appearance Board (SPRAB) where a project northeast of the area known as the Four
Comers was presented. The presentation was to demolish the bank on the comer and
replace it with a Walgreen's. Mrs. Finst stated she does not know if the demolition ofa
bank and a replacement with a Walgreen's meets the criteria for what the Commission
would like to do in the area. She is particularly concerned that there is no Vision Plan in
writing. Mrs. Finst requested that before anymore projects appear concerning the Four
Comers area that these projects are flagged and conversation be held with residents
through the Planning Department, along with other groups, that are working on
improvement of the area.
Mayor Perlman stated there is a report that was done by the FAD Design
Institute on their website. Also, this is part of the Goal Setting and what has not been
done is the Land Development Regulations (LDR) that support the Four Comers vision;
however, the vision is in writing.
11.B.3. Carol Gevirts. 1061 Oranee Terrace. #101. Delrav Beach (Pines of
Delrav). commented about televising the City Commission Meetings and stated although
the Commission has made some effort for televising, it does not include these meetings.
She inquired whether this has been included in the budget or if this has been tabled for
another year.
The City Manager stated he will send MS.Gevirts a copy of the letter that
was sent to Mrs. Finst.
- 28 -
12/05/06
H.B.4. Anthony Anderson. 400 S.W. 10th Street. Principal of Pine Grove
Elementary School. thanked the City of Delray Beach for their support they have given
him and his students. He asked for the presence of a few Police Officers in the morning
for the safety of the students because there has been speeding on S.W. 4th Avenue. In
addition, Mr. Anderson stated they share their facility and noted there is no security
system for the portables in the back of the school and they have had a few break-ins.
H.B.5. Charles (Chuck) Key. 321 S.E. 7th Avenue. Delray Beach. stated he
built his home when it was considered "Dull-ray" and feels the City has done a great job
revitalizing the downtown. He expressed concern over the guidelines regarding historic
districts and the Historic Board is trying to place these restrictions on him when he built
14 years ago. He feels comparing S.E. th Avenue to a historic district is ludicrous.
Mayor Perlman stated he would like to see an analysis of what it is the
Commission is allegedly taking away. The City Attorney stated next week will be the
First Reading, and the Public Hearing will be January 2,2007.
H.B.6. Tom O'Reily. 325 S.E. 7th Avenue. Delray Beach. asked that the
Commission take a clear analysis of the street and stated the guidelines are restrictive.
He stated his home is referred to constantly as a McMansion and commented that it
cannot be built again because it was built under the existing guidelines. Mr. O'Reily
stated the residents would like the opportunity to work, develop, build and be a part of
this community.
H.B.'. Steve Harsnett. 405 S.E. 7th Avenue. Delray Beach. stated the people
that have purchased homes in the Marina Historic District knew that they were
purchasing in a historic district at that time. He stated the Commission received a
petition that was circulated around the 300 block of the Marina Historic District a few
weeks ago and it is the block that has been developed with the 6,000 square foot homes
and is backed by the four-story Meridian Condominiums on Federal Highway. He stated
on the City's map of the Marina Historic District in the 300 block there are
approximately four properties out of the 18 on the City plat that are indicated as
contributing properties; two of these properties he believes are not historically significant
other than the fact that they are more than 50 years old, and in many ways they have been
changed and altered no longer containing any original character. Mr. Harsnett stated all
but three homeowners signed the petition and two of those three were out-of-state and
could not be reached. Mr. Harsnett stated it is clear that the homeowners in the 300 block
do not want to live in a historic district because of the changes that have been made. In
his opinion, Mr. Harsnett stated the 300 block of the Marina Historic District has zero
character of anything resembling a historic district and homeowners feel that the property
values are being repressed by some of the decisions that have been made.
H.B.S. Ellen Kev. 321 S.E. 7th Avenue. Delray Beach (lives beside the home
located at 325). expressed concern that her property values are being devalued because
of what is being done and stated the guidelines are very restrictive.
- 29-
12/05/06
11.B.9. Crail!: Valvo. 325 S.E. 7th Avenue. Delrav Beach. expressed concern
over what the proposed Land Development Regulations (LDR) will do to property rights
and to the values of properties. He stated there have been material changes to the
proposed historic guidelines.
11.B.10. Grel!: Mermil!:as. 405 S.E. 7th Avenue. Delrav Beach. asked if public
input will be allowed at the City Commission meeting of December 12,2006.
Mayor Perlman stated no public input will be allowed on December 12,
2006; however, public input will be allowed on January 2,2007.
11.B.11. Eric Price. 340 S.E. 7th Avenue. Delrav Beach (south end of the
Marina Historic District). encouraged the Commission to come to 7th Avenue and look
at all the homes on the 300 block of S.E. 7th Avenue. He stated his home was built in
1958 and is considered a contributing structure and has not been given any criteria to
prove that it is historic; someone has designated it historic during these recommendations
that were done by REG Architects. Mr. Price suggested that everyone look further into
these new historic guidelines because there are restrictions on what homeowners can do
now. He stated most of the homes that have been redeveloped across from him were
done within the last ten years and he cannot do anything like these homes have done. Mr.
Price stated he fully supports historic preservation and suggested that the historic fabric
of each district be surveyed and not look at old information from 1987.
At this point, the time being 8:39 p.m., the Commission moved back to
Item 9.B. of the Regular Agenda.
9.B. BONUS PAYMENT TO JCD 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 the 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 Fundffennis
OperationslTennis Center/Other Contractual Services) and 001-4210-575-34.90 (General
Fundffennis Operations! Stadium).
Robert A. Barcinski, Assistant City Manager, stated staff is requesting the
Commission to approve the bonus payment to JCD Sports Group, Inc. for Fiscal Year
2005-2006 for each of the golf courses and the tennis facility. Per the contract, a
maximum of fifteen percent (15%) may be paid in bonuses under each contract for each
facility which will be $18,300.00 for the Municipal Golf Course; $3,750.00 for Lakeview
Golf Course; $6,750.00 for the Tennis Center.
Mr. Barcinski stated staff is recommending a bonus of $9,625.00 for the
Municipal Golf Course, $1,380.00 for Lakeview Golf Course, and $5,184.00 for the
Tennis Center.
- 30-
12/05/06
Mrs. Ellis moved to approve the bonus payment to JCD Sports Group, Inc.
for the Fiscal Year 2005-2006 as per staff recommendation, seconded by Mrs. Montague.
Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman
- Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with
a 5 to 0 vote.
9.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
9.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.
Mayor Perlman stated the group strongly favors the name "Mangrove
Park" .
Mrs. Ellis moved to approve the name of Mangrove Park, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Perlman - Yes;
Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said
motion passed with a 5 to 0 vote.
9.F. LEGISLATIVE AGENDA: Provide direction regarding local legislative
issues for 2007.
The City Manager briefly outlined the Legislative issues for 2007. He
suggested on property tax reform that the Commission consider having someone make a
presentation at one of the hearings about it. Mr. Levinson stated the County has already
agreed to portability.
Mr. Levinson expressed concern over the affordable housing, and stated
the real issue with the Sadowski Act is the cap. He stated he would like to see staff add
that we recommend the removal of the cap. Mr. Levinson suggested adding funding
needs (i.e. parks, other funding programs, reuse water, Old School Square, the downtown
park) at this time.
Mrs. Montague asked if the list is prioritized. In response, the City
Manager stated the list is not prioritized.
Mayor Perlman asked if the City is going to pursue the FEC remedy
legislatively, as well. The City Attorney stated the City is going to pursue. Mayor
Perlman stated he hopes the League of Cities would get behind the Truth in Budgeting
Policy where the burden that has been shifted from the states onto the localities tells the
other part of the story regarding property taxes. Mayor Perlman commented about what
the states responsibility used to be versus what it is today. He stated someone has to pay
for schools, teachers, principals and there are many other examples in which the cost shift
has been shifted to the municipalities. The state goes around saying that they have cut
- 31 -
12/05/06
taxes and the cities are spending carelessly and the cities have no one to pass this on to
and these are still needs of communities. Mayor Perlman stated there is a passion among
City Elected Officials to have a truer picture of what has happened in terms of cost
shifting.
Mayor Perlman stated he would like to see the City get their projects to
Kathy Daley as soon as possible.
The Commission provided direction to staff regarding the Legislative
Issues for 2007.
9.G. APPOINTMENT OF COMMUNITY REDEVELOPMENT
AGENCY (CRA) CHAIRMANNICE-CHAIRMAN: Appoint a Chairman and Vice-
Chairman to the Community Redevelopment Agency Board.
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor Ellis and stepped down from the dais.
Mrs. Montague moved to appoint Frank Wheat as Chairman of the
Community Redevelopment Agency (CRA), seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote.
Mrs. Montague moved to appoint Howard Lewis as Vice Chairman to the
Community Redevelopment Agency (CRA), seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague -
Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
At this point, the time 8:52 p.m., the Commission moved to Item 12, First
Readings.
12.
FIRST READINGS:
12.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. Ifpassed, a public hearing will be scheduled for January 2,
2007.
The caption of Ordinance No. 79-06 is as follows:
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
- 32-
12/05/06
NORTHEAST CORNER OF SOUTH FEDERAL
HIGHWAY (U.S. HIGHWAY NO.1) AND
FLADELL'S WAY (AVENUE "F") , 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.
(The official copy of Ordinance No. 79-06 is on file in the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance.
Paul Dorling, Director of Planning and Zoning, stated in 2005 a rezoning
request was submitted by New Century Development Group for rezoning of the property
from AC (Automotive Commercial) to GC (General Commercial) to accommodate 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. At its meeting of January 3, 2006, the City Commission approved the
rezoning of the property from AC to GC. At its meeting of April 24, 2006, the Site Plan
Review and Appearance Board (SPRAB) approved the Class V site plan to establish the
Royal Palm Club Project.
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 who spoke in support of the rezoning. Staff recommends approval.
Mr. Levinson moved to approve Ordinance No. 79-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mrs. Montague - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 4 to 0 vote.
12.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.
The caption of Ordinance No. 80-06 is as follows.
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
- 33 -
12/05/06
OBTAINING DEVELOPMENT 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.
(The official copy of Ordinance No. 80-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is actually an
amendment that is being proposed by staff to be more applicant friendly. Currently, a
Class II site plan modification requires submission of a survey of the property, site plan,
landscape plan, engineering plans and a fee which starts at $525.00 (Class III - $525.00;
Class IV - $870.00; Class V - $1,155.00). The proposed fee for the processing of this
application is established at $210.00 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 $210.00 fee will be credited towards the required fee for the
related site plan modification that would follow.
Mr. Levinson moved to approve Ordinance No. 80-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion
passed with a 4 to 0 vote.
12.C. 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.
The caption of Ordinance No. 81-06 is as follows:
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,
- 34-
12/05/06
PROVIDING FOR RELETTERING AND
RENUMBERING; PROVIDING A SAVINGS CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTNEDATE.
(The official copy of Ordinance No. 81-06 is on file in the City Clerk's
office. )
Mayor Perlman returned to the dais.
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the purpose of this
City-initiated LDR text amendment is to expand the provisions in the LDR's for the
reconstruction of nonconforming structures damaged or destroyed by an Act of God to be
applied to commercial structures, as well as, residential properties.
At its meeting of November 20,2006, the text amendment was considered
by the Planning and Zoning Board and one member of the public spoke in support of the
proposal. Mr. Dorling stated the ordinance states that if there is an Act of God one can
submit for building permits to rebuild the non-conformity within one year of the Act of
God and the construction would have to be completed within three years.
Mrs. Montague moved to approve Ordinance No. 81-06 on FIRST
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs.
Montague - Yes. Said motion passed with a 5 to 0 vote.
n.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.
The caption of Ordinance No. 82-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING SECTION 4.3.3(1), "COMMUNITY
RESIDENTIAL HOMES AND GROUP HOMES", OF
THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRA Y BEACH, FLORIDA, BY
PROVIDING THAT GROUP HOMES, TYPE I
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
- 35-
12/05/06
RECEIPTS IN ORDER TO COMPORT WITH
RECENT CHANGES IN STATE LAW; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 82-06 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe ordinance.
Paul Dorling, Director of Planning and Zoning, stated the proposed
amendment is required to bring the section dealing with Community Residential Homes
into compliance with changes in the Florida Statutes.
At its meeting of November 20, 2006, the Planning and Zoning Board
considered the text amendment and no one from the public spoke. The Board discussed
the Ordinance and recommended approval with a 4 to 0 vote (Eliopoulos, McDuffie and
Halberg absent). Staff recommends approval.
Prior to the vote, Mr. Levinson asked if there are currently any non-
conforming facilities. The City Attorney will look into this before the second reading of
this ordinance.
Mrs. Ellis moved to approve Ordinance No. 82-06 on FIRST Reading,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis -
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman-
Yes. Said motion passed with a 5 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manae:er
With regard to Mr. Levinson's comment regarding the Rosenbom house,
the City Manager stated while the Historic Preservation Planner cannot tell an applicant
what the Historic Preservation Board might approve she could tell them what staff would
support in an effort to give an applicant more guidance.
Paul Dorling, Director of Planning and Zoning, stated when an applicant
comes in and wants to build a 5,000 square foot house and staffknows that something in
the range of 2,500 is going to be more acceptable and we tell him to reduce it
significantly that particular applicant does not usually take them seriously and will
consequently take his chances before the Historic Preservation Board and will go back
again and again and eventually get to where staff advised him to be. Mr. Dorling stated
the new Design Guidelines introduce a survey area so staff will be able to take an
applicant's request and be more definitive and tell the applicant what is going to be
compatible.
- 36-
12/05/06
13.B. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.t.
City Commission
Mr. Fetzer
Mr. Fetzer stated the City of Delray Beach participated with the Forgotten
Soldiers Organization for Project Holiday where food and hygiene items were packed for
troops overseas. He read into the record an email from one of the soldiers in Iraq who is
the son of Delray Beach Police Officer Greg Wesner.
13.C.2.
Mrs. Ellis
Mrs. Ellis commented about the Tree Lighting Ceremony on Thursday,
November 30th and stated the turnout was phenomenal.
Secondly, she commented about the Safari Reading at the Delray Beach
Library for the children. Mrs. Ellis stated it was an incredible event and a very rewarding
expenence.
13.C.3.
Mrs. Montal!ue
Mrs. Montague commented about "Walk a Child to School Day" with
Village Academy and stated the issue came up that addressed safety issues as far as the
children walking along the sidewalk because they had to cross the traffic that was exiting
the parking lot. The City Manager stated a gate has been installed. She stated the other
request from Village Academy was looking into caution lights during peak hours and
they were actually concerned with the signage that tells motorists to slow down during
peak hours, and this is not happening. The City Manager stated staff will follow up with
this through Palm Beach County.
13.C.4.
Mr. Levinson
Mr. Levinson introduced Walt Gerhard (Project Manager) and Vince
Wooten (Project Planner) with the Community Redevelopment Agency (CRA) who are
active with the Community Land Trust (CL T).
He inquired as to the status of the window situation at Old School Square
and the possibility of receiving a grant and the need potentially for political help on this.
The City Manager stated he will check the schedule but believes commencement will be
fairly early next year.
Mr. Levinson stated at the last League of Cities meeting there was a
presentation by the Habilitation Center and commented that they sell plant material
- 37-
12/05/06
wholesale to cities and governments. He asked if the City of Delray Beach is buying
plant material from them. The City Manager stated the City of Delray Beach does buy
plant material from them.
He stated the Issues Forum is done with its meetings until March 29,2007
(tentatively unless there is an emergency meeting). He stated the meeting will be held at
the Town of Lantana (Town Hall) and gave the schedule to the City Clerk to send out to
everyone.
Lastly, Mr. Levinson stated the City's newsletter is great, and
congratulated Rich Pollack for a good job with the writing. He stated the newsletter
contains good information and is well received by everyone.
13.C.5.
Mavor Perlman
Mayor Perlman stated last night he had the opportunity to attend the
opening of the new Hospice of Palm Beach County at Pinecrest Rehabilitation. He stated
this is a spectacular facility and very much needed. Mayor Perlman stated he is happy
that there is now a Hospice facility in Delray Beach and he met the new CEO (Bob
Krieger).
Secondly, Mayor Perlman stated he and Commissioner Montague attended
the Habitat for Humanity Groundbreaking yesterday and a very nice family (Dora Shiver)
was moving in. Office Depot gave Ms. Shiver a check in the amount of $50,000.00.
Mr. Levinson stated Mike Campbell is a relatively new CEO with Habitat
for Humanity and he is joining the Community Land Trust (CLT) Board.
Mayor Perlman stated Pat Jones passed away. She was a resident of Gulf
Stream and a major supporter of Old School Square and the Community Child Care
Center. Also, he stated MaIjorie Ferrer's father passed away.
He stated the sponsor luncheon for the tree was great. He congratulated
staff and everyone involved with the tree as it was a very challenging environment to
work in this year. Mayor Perlman stated after lunch he ran into an Osceola County
Commissioner (former Mayor of Kissimmee) who is here on a scouting expedition to
take a look at our downtown and the new Congress Avenue Overlay.
Mayor Perlman stated regarding the Project for Public Spaces Website
(www.greatpublicspaces.org), the new Lake Ida Park has been nominated as a great
public space. Mayor Perlman stated this is an international website and noted that
Atlantic Avenue is rated number twelve (12) in North America.
He stated in the ICMA Public Management Magazine there was an article
on Clearwater where they also have a Residents Academy. Mayor Perlman stated they
produced a CD about how to address a Public Body or Board. Mayor Perlman stated he
- 38-
12/05/06
would like to share this with the City Manager, Janet Meeks, and Lula Butler to put this
into the Residents Academy tailored to our city. Mayor Perlman stated there is a booklet
that goes along with the CD that is great for residents and suggested that this be placed in
the lobby of City Hall.
There being no further business. Mayor Perlman declared the meeting
adjourned at 9: 18 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach. Florida. and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on December 5, 2006, which Minutes were formally approved and adopted by the City
Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above. this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 39-
12/05/06
....
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
lAST NAME-FIRST NAME-MIDOLE NAME NAME OF BOARD. COUNCIL, COMMISSION, A.UTHQRlTY. OR COMMITIEE
Perlman, Jeffrey L. Delray Beach City Commission
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITIEE ON
971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY &CITY QCOUNTY Q OTHER LOCAL AGEW::f
Delrav Beach. Florida 33444 Palm Beach NAME OF POLITICAl SUBDIVISION:
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
12/05/06 " Xl ELECTIVE Q APPOINTIVE
WHO MUST FILE FORM 88
This form Is for use by any person serving at the' courtty, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of ad"isory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will yarygreatlydepending
on whether you hold an elective or appointive position. Forthisreason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143,FLO'RIDASTArOrES
A person holding elective or appointive county, municipal,or;oth~r local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly 'voting On a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inciuding the
parent organization or subsidiary of a corporate principal by which he or she is r.etained); to the special private g~in or loss of a relative; or
to the special private gain or loss of a business, associate. Commissioners of community redevelopmeflt agencies under Sec. 163.356 or
163.357. F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" inciudes only the officer's father, mother, son, daughter, husband, wife, brother, sister. father-In-law,
mother-in-law. son-in-law, and daughter-In-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner. joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation
. are not listed on any national or regional stock exchange).
*
*
*
*
*
*
*
*
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
*
*
*
*
*
*
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making' any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE: ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this fann (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the fo"" in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
ITEM 9.G
PAGE 1
~
~
APPOINT$t OFFICERS: (contfnued),' ,
, '-,""'- ~-",:,--":'. ,-,~-.,,. '/':':',:- -..: .:. -,," -'., ,'- ,". ",~-' " :.--',:.'"
oA ~htthe fbnft,,"l.Ist.bJ proVidM in'imedi8telytdthe,outet meiribersof ~e'ehiy.
o The torinmUstbe read~t>iiclyat,ih~ ~xt m~ljngariertheJQ{nl is filed.
;'.^." ." ..-' ",' ",- "'.'. "'-'
..... -'.- .
IF YOU MAKE NOAlTEMPT'TO JNFLUeNCE THINlJECISIONEXCEPT BY DISCUSSION AT THE MEETING:
. .. ,- ,... ..
Yoo 1ll~~~~~IIY.'i~~ nat~re ,0f,~~rQPl1flict in the measure before participating. ,":J
o You must complete the form and file ,t\';l\hfn;15~ays~fte~ th~{v()te~rs WitHth,e Pe~'responslble for recordingthe,ml.nUtesO'-'tii~'
meetlng, who must Incorporate the form in the minutes~A.~pyQfthe form must be provided immediately to the other member'S'of"the'
agency, andthe:fOmunustbe read publ~ af1he next mee~ng after the form.is fileq.
DISCLOSURe, OF. I..QCAL, OF'f,I~ER'~JNTEREST
.:'':::'':.:. .,::'_:' ;i'" ,,--, >..:-'~.:'"~_:::.~__~"_:',_:'>~-:;
I,
:.Jeffrey Perlman
. ,,"'-";"c.
. hereby disclose ~aton
December 5,
,20,~:
. . ," ~ .~
(a)A trteastlte'icaIT1EforWiIf'c6rrie betdre nlt'~~Cy'Whictf(6h6cl< Clne)
_ inured to my special private gain or loss;
':...21~to'~~pl:lC/al galridr rbss 'ofrTiy btiSiiless'assOctate; ,
." f;'i:,',.,~ ~.:'/:.", .,;" :":'" ",',j" : A'i,', " ,3,>"., ,."':;,, :Di~ria&e81artria: :-':',.
H* Inured to the special gain or loss of my relative,
Inured'to the special gain or loss of
whcxn J,a",ret.:'ined;()l'
inu~;.~~~I~~t~~~f~()~:;~t.i ,'(.,,";"~: : ':: ~)>r;'::,'i :~ ,!-;" ;; ';7~: ': ;:. .... ': "'; ":", ;;,~",;,>" \';';'\~; ;. " ''i,''; . ",,: : ,which
is the pa~nt o'Vanization . o~~l.I~~~i~ry ~t ~_ pcjnqeal \Y,~ich has re~!!led. mE!, ,
l;',':r. ".:.~: .'~~ ;:~ i\l,.}. ,>,/__:'~'::..-:"' i.''''''''''~>',-''{.'i.,'.:'':!r'~'\,I,:.',:;'':_~_'''_,:!..:' ':_~C''''. ~_J." ___"-; '~-. ,'-.> _:>-:
(b) '.lJ!e. ~~c:g,~(ore;my;"agencyand;the;nature;ofmYconflictirl~!1:intetest in the:itTeasl:Jre is as f6llbWs: ,:
, - " '-;,'- - ~;;" ::: . "" -
. : ,,~ ,"
;"..;:
.
,by
~.- \,-;'-;,.~~ >..
, ' .'<,:' ~";'>': ;,'
"':-:'. ," .';,"./\,~"''''
Di.ane 'Gol.o1'lna t"" my wire - ':ts' .the ~e-etltive' Directtfr' of . t~e' COmmunity
Agiency (CRA)~"';d I "h,a"lt'e 'a' c:ottfliet'vO't'fng 'OIt'. fferlis" that direc-:~ l:Y"aff ecf 'thEtGRA."
~.,r.~,)< , _,. ,.,.., '.-' ;'-.;,,::;~'
,
12/5/06
Date Filed
~~' . ,- '-" - '-, - ,- . .. "
NOTIG,E:,:vt'JPE~' P8.QVISIQNS..O~F~()RIDASTATUTES ~H2,317.. AF~ILURE TO MAKE ANY REQUIRED. DtS,ClQ,$\IRE
CONSTITtJTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SAlARY. REPRIMAND, OR A
CIVIL PENAL TV NOT TO EXCEED $10,000.
CE FORM 88. EFF. 112000
PAGE 2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CITY OF DELRAY BEACH,
Appellant(s),
vs.
DAVID ROSENBOM,
Appellee.
I
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y 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 fayade proportion, proportion of openings (windows and
doors), rhythm of solids to voids on front facades, rhythm of buildings on
streets, rhythm of entrance and/or porch projections, relations of
materials, texture and color, roof shapes, walls of continuity, scale of
building, directional expression of front elevation.
(a) Heiaht: The height of proposed buildings or modifications shall be
visually compatible in comparison or relation to the height of
existing structures and buildings.
Is this met?
Yes 1 No 4
(b) Front Facade Proportion: The front fayade of each building or
structure shall be visually compatible with and in direct relationship
to the width of the building and to the height of the front elevation of
other adjacent or adjoining buildings within a historic district.
Is this met?
Yes 1 No 4
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 1 No 4
(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 0 No 5
(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 1
No
4
0) Scale of a Buildina: The size of a building, the building mass in
relation to open spaces, windows, door openings, balconies, and
porches shall be visually compatible with the building size and the
building mass of historic sites, buildings, and structures within a
historic district.
Is this met?
Yes 1 No 4
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
1
No
4
b. LOR 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 2 No 3
Have the overall objectives of the LDR's been met?
Yes 1 No 4
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
1
No
4
III. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR
REHABILITATION:
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
1
No
4
3. The City Commission has applied the LDR requirements in existence at
the time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves
X denies _ the appeal and hereby adopts this Order overturning the Historic
5
Preservation Board approval this 5th day of December, 2006, by a vote of 3 in
favor and 2
opposed.
ATTEST:
~~~~L ~. ~\~~
Chevelle Nubin
City Clerk
6
0&
4
CITY OF DELRAY BEACH
FIRST NONPARTISAN ELECTION
PROCLAMATION
WHEREAS, the Charter and the Code of Ordinances of the City of Delray Beach,
Florida, provides for the calling of a First Nonpartisan Election for the purpose of electing a Mayor
and two (2) City Commissioners; and
WHEREAS, pursuant to said Charter and Code of Ordinances provisions the City
Commission deems it necessary to call for the First Nonpartisan Election on the second Tuesday of
March each year.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby call for the First Nonpartisan Election to be
held on Tuesday, March 13, 2007, between the hours of 7:00 a.m. and 7:00 p.m., at all the
precincts and polling places in the City of Delray Beach as designated by the Supervisor of
Elections.
ALL QUALIFIED ELECTORS of the City of Delray Beach, Florida, shall be
qualified to vote in such election.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal
of the City of Delray Beach, Florida, to be affixed this 2nd day of January, 2007.
JEFF PERLMAN
MAYOR
0.R
[ITY DF DELRAY BEA[H
Of<
Bf1
CITY ATTORNEY'S OFFICE
~()() NW 1st AVENl'E. DELRAY BEACH, FLORIDA 33444
TELEPHO\IE: 561 i~~3-7()9() . FACSIMILE: 561/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
lI.If.I&d
All-America City
, 1111: DATE:
MEMORANDUM
December 21 , 2006
1993
2001
TO:
FROM:
City Commission
David Harden, City Manager
~-- ---.e:;:
Brian Shutt, Assistant City Attorney
SUBJECT: Amendment to Easement AQreement
The City entered into a utility easement agreement with the Grantor on June 21,
2004. Grantor has now requested that the City allow a portion of a pool and deck
to extend into the easement area. Randal Krejcarek has no objection to this
request. The attached amendment allows for the intrusion of a portion of the pool
and decking to be located in the easement area.
Our office requests that this item be placed on the January 2, 2007 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Randal Krejcarek, City Engineer
~.R
Record & Return to:
This Document Prepared By:
Charles D. Brecker, Esq.
STEARNS WEAVER MILLER WEISSLER
ALHADEFF & SITfERSON, P .A.
200 East Las Olas Boulevard, Suite 21 00
Fort Lauderdale, Florida 33301
AMENDMENT TO
GRANT OF EASEMENT AGREEMENT
THIS AMENDMENT TO GRANT OF EASEMENT AGREEMENT (the "Amendment'')
is made and entered into this _ day of December, 2006, by and between PORTEN CUSTOM
HOMES, L.C., a Florida limited liability company (the "Grantor" ), whose address is 666 South
Military Trail, Deerfield Beach, Florida 33442, and the CITY OF DELRA Y BEACH, a Florida
municipal corporation (the "Grantee"), whose address is 200 N. W. 1st Avenue, Delray Beach,
Florida 33444, joined by HARBOUR HOUSE HOMEOWNERS ASSOCIATION, INC., a Florida
corporation not for profit, whose address is 666 South Military Trail, Deerfield Beach, Florida 33442
(the "Association").
R~CIIALS.:
A. Grantor is the fee simple owner of certain real property located in Palm Beach County,
Florida, and comprises the HARBOUR HOUSE PLAT, recorded in Plat Book 102, at Page 101, of
the Public Records of Palm Beach County, Florida ("Harbour House').
B. In order to clarify and reserve certain rights and benefits, burdens and obligations, of the
Grantor and Grantee, the parties entered into that certain Grant of Easement Agreement dated June
21,2004, and recorded July 10,2004, in Official Records Book 17237, at Page 1870, of the Public
Recorded of Palm Beach County, Florida (the "Easement").
C. Due to certain improvements contained within only Lot 4 of Harbour House (the
"Property"), Grantor has requested that Grantee agree to amend the terms of the Easement, and
Grantee has agreed to do so, as more particularly described herein. The Legal Description is set forth
on Exhibit "A" attached hereto.
D. Harbour House shall be operated, managed and maintained by Harbour House
Homeowners Association, Inc., a Florida corporation not for profit, and the Association has agreed
to handle and be responsible for certain damage, if any, caused to the Property.
NOW, THEREFORE, in consideration of the foregoing, as well as the sum ofTen Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged to be supportive of this Amenclment, the parties covenant and agree as follows:
1. Recitals. The foregoing recitals are true and correct and incorporated herein by
this reference.
2. Grant of Easement. Grantor has discovered that certain portions of its swimming
pool and deck, consisting of pavers placed around such pool, encroach upon a portion of the
Easement previously created. However, in accordance with the requirements imposed by Grantee,
and subject to the terms of this Amendment, Grantor has installed certain sheet-piling between the
eastern portion of the pool/deck improvements and existing utility lines, pipes or other facilities
which are present within the Easement.
3. Restrictions. In exchange for permitting the aforedescribed encroachment to exist,
Grantor, including all subsequent owners and occupants of the Property, hereby agreed. that: .
A. No portion of the pool/deck area or sheet-piling will be further modified
without the Grantee's written approval for so long as Grantee uses any
portion of the Easement parcel for utility purposes, as more fully described
in the Easement;
B. Grantor shall attain all necessary permits for completion of the pool/deck and
sheet-piling as are required by Grantee and/or other governmental agencies
which have jurisdiction; and
c. Should Grantee be required at any time to repair or replace those utility lines,
pipes or other facilities now or subsequently located within the Easement, it
is agreed that any damage caused to such pavers, pool, piling or landscaping
within the Property shall be promptly repaired and/or replaced by the
Association, the Grantee shall restore all other areas within the Easement,
with fill and/or sod if required.
4. Partial Release of Easement. Grantee hereby agrees to modify the Easement and to
partially release such Easement and easement rights with respect to only that portion of the pool/deck
constructed within or encroaching upon the Easement contained within the Property, and as shown
on Exhibit "B", attached hereto.
5. Notices. All notices and other items required to be given and delivered under the
terms of this Amendment shall be in writing, shall be addressed as indicated below and shall be both
Page 2
faxed and either hand delivered or sent by certified mail, to the parties as follows:
Grantor:
PORTEN CUSTOM HOMES, L.C.
666 South Military Trail
Deerfield Beach, Florida 33442
Attn.: Mr. Scott Porten
Fax: (954)422-1887
Copy to:
Charles D. Brecker, Esq.
STEARNS WEAVER MILLER WEISSLER
ALHADEFF & SITTERS ON, P.A.
200 East Las Olas Boulevard, Suite 2100
Fort Lauderdale, Florida 33301
Fax: (954) 462-9548
CITY OF DELRA Y BEACH
100N.W. pi Avenue
Delray Beach, Florida 33444
Attn.: City Manager
Fax: (561)-243-3774
CITY OF DELRA Y BEACH
434 South Swinton Avenue
Delray Beach, Florida 33444
Attn.: Engineering Department
Fax:: 561-243-7314
Grantee:
Copy to:
CITY AITORNEY
200N.W. pt Avenue
Delray Beach, Florida 33444
Fax: (561)-278-2755
The respective attorneys for the Grantor and Grantee are hereby authorized to give any notice
pursuant to this Amendment on behalf of their respective clients. Notice by certified mail, return
receipt requested, postage prepaid, shall be effective the day after the notice is properly mailed, and
notice by any other means shall be effective only upon delivery to the party being notified.
6. Modifications. This Amendment constitutes the entire agreement of the parties and
the same may not be amended or modified except by written instrument signed by all of the parties
hereto and recorded against the Grantor Parcel.
7. Benefitted Parties. This Amendment, shall be binding upon and inure to the benefit
of the parties hereto, their successors and assigns. The Easement, as amended by this Amendment,
Page 3
may not be substantially amended or revoked in such a way as to unreasonably interfere with the
proper and intended use thereof.
8. Easement to Run with the Land. The covenants, burdens and benefits set forth herein,
upon recordation in the Public Records of Palm Beach County, which is intended by the parties, shall
run with and encumber the Grantor's Parcel. This Amendment and the Easement created hereby shall
be perpetual as a covenant running with the land.
9. ADDlicable Law. This Amendment shall be interpreted, construed and enforced
in accordance with the laws of the State of Florida. The parties hereto agree that proper venue for
any action or proceeding hereunder shall be Palm Beach County, Florida, and this Amendment shall
not be construed more strictly against one party than against any other merely by virtue of the fact
that it may be prepared by counsel for one of the parties, it being recognized that each of the parties
has contributed substantially and materially to the preparation of this Amendment.
IN WITNESS WHEREOF, the undersigned have executed this Amendment the day and year
first above written.
WITNESSES:
GRANTOR:
Print Name:
PORTEN CUSTOM HOMES, L.C.
Print Name:
By:
Print Name:
Title:
WITNESSES:
GRANTEE:
CITY OF DELRA Y BEACH
Print Name:
Print Name:
By:
Print Name:
Title:
Page 4
JOINDER BY ASSOCIATION:
The HARBOUR HOUSE HOMEOWNERS ASSOCIATION, INC., a Florida corporation
not for profit, hereby agrees to the terms and conditions contained herein.
WITNESSES:
HARBOUR HOUSE HOMEOWNERS
ASSOCIATION, INC., a Florida corporation not for
profit
By:
Print Name:
. President
Print Name:
STATE OF FLORIDA
COUNTY OF
)
) ss:
)
The foregoing instrument was acknowledged before me this _ day of .
2006, by . of PORTEN CUSTOM
HOMES, L.C., who is personally known to me or who produced as
identification.
My Commission expires:
Signature of Acknowledger
Title: Notary Public, State of Florida at large
Print Name:
Commission No.
(Notary Seal)
Page 5
STA 1E OF FLORIDA
COUNTY OF
)
) ss:
)
The foregoing instrument was acknowledged before me this _ day of .
2006, by . of the CITY OF DELRA Y
BEACH, who is personally known to me or who produced as
identification.
My Commission expires:
Signature of Acknowledger
Title: Notary Public, State of Florida at large
Print Name:
Commission No.
(Notary Seal)
STATE OF FLORIDA
COUNTY OF
)
) ss:
)
The foregoing instrument was acknowledged before me this _ day of .
2006, by , of HARBOUR HOUSE
HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit, who is personally
known to me or who produced as identification.
My Commission expires:
Signature of Acknowledger
Title: Notary Public, State of Florida at large
Print Name:
Commission No.
(Notary Seal)
l:\W.cDB\l606400S POllTEN CUSTOMHOMI!S -Harbor Ifouoo\AmondmontD Clraal ofea-t.v1.wpd
Page 6
EXInBIT "A"
Lot 4, of HARBOUR HOUSE, according to the Plat thereof, recorded in Plat Book
102, Page 101, of the Public Records of Palm Beach Courri.y, Florida.
Page 7
.... -.. .
. EXHIB.IT ItB"
FINAL SURVEY
LOT 4, "HARBOUR HOUSE 'PLAT"
p~ 102, PGS 101 THROUGH 102
PALM BEACH COUNTY RECORDS
I .
,
I
I
I
h
I;
II UNIT "0"
~r~ lWO STORY
. fI CD TOWNHOUSE
U~ fD"&~
r
I.~ 0 r
t -l 0
t8 ,-I
t. . ~
VI
I
I.
I.
I
l:
i
i'
i
L
1
I
I
I
!
I
.!
SCAlE: 1 ';...20"
....
lAND DESCR/PTlON:
LOT 4, lWl80Uft HOUSE PI.AT. ACCOROlHG TO '
'!HE PlJif lHEREDF. AS RECORDED IN PlAT
BOOK 102. PAGES 101 TI1lIOUGH 102, PAUl BEACH
COUHTr RiCOROs.
SAIIl UNDs OONC IN THE CII'Y OF DELRAv 8EACtl,
COHTAlNlNC 4810 ~ f'ECT, MORE OF LESS. .
SURVEY NOTES:
1. WlOS SHOWN HEREoH WERE NOT
AIlSTAACliO BY SIWI, IlROTOS 6:
ASSOC., P.A. FOIl RICHlS-oF....WAY ,
EASaIENJS, 0'ft'NalSHIp OR 'OTHER
INSlRUI.I€NTS OF REDdRD.
2. LINDEROROUHD FOUHllATIONs AND
lHSI"AlJ.AllOHS-NOT lOOOED..
:s. KAJl/HQS StiO'ft1/ IlEREllH ARE: RElATIVE
10 THE HARlIOOR HOlISE l'tAT AS RECORDED
IN l'tAT BOOK 102. PACES 101 THROUGH 102.
PAUl SEACIl COlJHIY RECORDs.
.oJ. \IER11Clt. Q,QUU 1$ 8ASEll ON NG\/I) 192t.
5. BUlLIlINC 0l1olEHSlOHs ARE IoIfASURal AT
,ElCTER!OR WAU. IJNES
LEGEND: ,
Ale -AIR CONDlllONlNG
8FP -BACK FlOW PRIMHTER
Sl..OG =8U1LDINC
CATV -CABLE T.V.
CONe -CONCRETE
C8 "-cATCH SASlH
aiS -CON~ BlOCK
co -cLEANour
DMH -DlWNME NANHOLE
EL -EleIATIOH
ESe -EI.ECI'RlC SERVICE BOX
ESMT. -E:ASE,I.IENT
FF -F1NISHEO fLOoR
r.M. -FIRE HYDRANT
FHD -FOUND'
FP~ af'lORIDA POWER " UGHT
t;-I -GATE VN..VE
G.U. ..oENERN.. unUlY
PRM -PfRMANE'HT REFtRENCE
UARKER
PCP -sET' PEmtANENT CONTRol
POINT tB#&106
SIR '-SEr IRON ROO " eN>
L8#s.456
SST -SOl.miERN 8ElL
TELEPHONE RISER
SNti -SANITARY MANHOLE
S.F. -SQUAAE mr
UE -UTII.IlY EASEJ.lENT
WM "WATm MEtER
x -SPOI' ElEVATION LOCATION
WS -WATER ~
O.R.8. -OFFICIAL RECOftO BOOK .
~.;._..~~
.AIj~
' .
0835l'1NAL PLANS.DWC
fIIW. SUR\IEY
RE.VISIONs
8JA . lO/27, /.lDJ!
OWN DAlE Fa PO CHIQ)
UN.ESs II' 8rNlS THr ~~N/I) ~ lWsm ~~~
Fl.OIIQl, LICENSED SlIR\IEI'llft lW'fleR 1ltS MAP OF ....,......."
,SUIM.Y IS fOIt INI'OIlIIA1IClt ONLY AND IS HOr VAUD.
~~OS f=
ClI:ImI'1C4TC Of' AUTHOIIIZATlON NO. LII use
. UfO It. ....... "-t. lit.......... ....... fL JIOU
Nl tI4 liS tGI "AlII fUo7N-#l4
-~._. .. .~. ....h. ___ ....... ....w.
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # C6.B - REGULAR MEETING OF JANUARY 2. 2007
REOUEST FOR SIDEWALK DEFERRAL/1516 PINE LANE
TO:
SUBJECT:
DA1E:
DECEMBER 28, 2006
This is before Commission to approve a request to defer the installation of a sidewalk in front of 1516
Pine Lane.
Currendy, there are no sidewalks along either side of Pine Lane nor are there any plans to install
sidewalks in the near future. There is no cost to the City. Therefore, staff is in support of the request
to have the sidewalk in front of 1516 Pine Lane deferred.
Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk
improvements for 1516 Pine Lane until such time as the City requests the sidewalk to be constructed.
S:\City Oerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Sidewalk Agenda Memos\SidewalkDeferralReque'11516 Pine Lane.01.02.07.doc
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Richard C. Hasko, Environmental Services Director
FROM: Randal L. Krejcarek, P.E., City Engineer t
SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING OF JANUARY 2,2007
SIDEWALK DEFERRAL REOUEST
DATE: December 21, 2006
This item is before the Commission to approve a Sidewalk Deferral in front of 1516 Pine Lane. This is
a residential lot located in the Lake Ida Neighborhood and is on the west side of Pine Lane between
NW 14th Street and Lake Drive. There currently are no sidewalks along either side of Pine Lane nor are
there any plans to install sidewalks in the near future.
There is no cost to the City.
Staff recommends approval of Sidewalk Deferral for 1516 Pine Lane.
enc
cc: City Clerk
Richard Hasko; Director of ESD
Randal Krejcarek, City Engineer
Agenda File 01/02/07
Sidewalk Deferral File
S:\EngAdminlsidewalk deferralsllSl6 pine In agenda memo 2007-01-02.doc
~J.'~U/':='UUU
~U;U~~^A ~ol~437~~1
DhLRAY BCH COMM IMP-P&Z
~ 0011003
.--
i .
".
Prepared By: RETURN TO:
R. Brian Shutt. Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beacl'., Florida 33444
. AGREEMENT FOR
SIDEWALK IMPROVEMENTS
TIllS AGREEMENT entered into this L 8 day of ~,y", 'PaL
200b between the City of Delray Beach (hereinafter the City) and
.. I /"'1 0
Aile J~ o-.4!,tJ12.JeL; (hereinafter the Owners), for the purpose of waiving
the requirement of the installation of a sidewalk along 11/1/6 L4 # t!
until such time
as the City requests the construction of the sidewalk by the Owner.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a
sidewalk, within the
right-of-way inunediately abutting the subject
property, by the Owner prior to the issuance of a certificate of occupancy; and,
WlIEREAS, the Owners have requested a waiver from the requirement of the installation
ofa sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and,
\VI-IEREAS, in order to provide conformity along the street the City Commission voted
to waive the requirement for the installation of a sidewalk until such time as the City requests the
Owner construct the sidewalk.
S:\EngAdm'I/lsidewa/k deferralslsidewa/k deferral agreement.dlJf
!/-'UUll lU:UJ I'll OIHo::q;nZ;U
/'
UELHhY BCH COMM IMP-P&Z
~ 002/003
WITNESSETH
NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to
waive the requirement for the installation of a sidewalk, at this time, for the property located at
/5/1:, nA/e kN~
/)t~AV ~r'}.J) rL 3.3,.VYY
/ .
1.
The Owner agrees to construct a sidewalk, at its sole cost and expense, along the
[,45/
right-of-way abutting the subject property, within a time period
that is acceptable to the City, after being requested to do so by the City. The sidewalk, when
constructed, shall meet all of the current ordinances of the City of Delray Beach.
2. It is the intent of the parties that this Agreement shall run with the land. This
Agrecmen: shan be recorded in the public records of Palm Beach County, Florida and shall be
binding on the parties legal representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this
_dayof
,200_.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Mayor
Approved as to form and sufficiency:
City Attorney
S:\EngAdmitrlsidewalk deferralslsidewalk deferral agreemenl.dif,!
f2006
l
./ "
./
i
l
;/
f
I
10:03 FAX 5612437221
~ 003/003
DELRAY BCH COMM IMP-P&Z
WITNESSES:
.ZJUpf j), r'!~dU&
~/~;M .4~~A
(Please type or print ame)
By: '
(please type or print name)
.
STATE OF F/tnl.J:i)f ~
COUNTY OF -PA L~ 73b cH
BEFORE ME personally appeared A L/~< f~ c;;.o ~)ie..
personally known to me or [has ) [have] produced
~ , respectively] as identification, and who executed the foregoing
instrument, and acknowledged before me that [he] [she] [they) executed said instrument for the
purposes expressed therein.
who [is] [are]
[and
WITNESS my hand and official seal this c1. B> day of
My commission expires:
",-;;..~....", DIANE D. EUOPQULOS
l~'l .~~ MY COMMISSI"ltl~~t:B4
:~ EXPIRES: JJ19~ ,
.~. Bonded ThnJ NClI8"1 Public Underwrttel1l
.gt.!sidewalk d~ferTal agreement
S:\EngAdminbidewalk deferralslsidewalk deferral agreement.d~
....
en
Q)
:::1
c- O)
c
Q) ca
~ ...J
0)
C
- .-
co D..
L.. U)
L.. "r'"
~ It)
"r'"
Q)
0
~
-
co
~
Q)
-c
--
en
...c lNP-. '11.-- ." .,..;-..
~. , ,. T I ! '
...... I,J--j I-i""-~ 'T :::.:1' ~"'T
,:; ,,!t'r:J t':r::'1 ::-1':" C'-J..J ~... ... '
'! i .,tl=jl~~'il+ffj&,.itTJ!
vNcillil~~l"f-L , ..,J!
NSWINTON AVI.
,..,
~
:If
=
... .
IJ
~ ..
111.-, II)
.;.: !
j '~A~.;N, I
,-->
t;
I
...
I
'Ji ..-]
11
...
~i
;;t;.i
RSR
...
II)
e
. :'NW 3RO AVf.
I
~.
.~ NW4tHAVI.
...
Ii
,.,;.
ill
;:t
i~
, ...
:=;
:[
...
m':J
.Z
lit
i!
i!!1-..
I
NW HI) I"w,..
=
"~ e
...
'I-j
I~
i:i
'21
~..
LA~~ ~
NW l~fH~t
:i
. ).0.'
...
.:J
.~
>
'S
"
j ,
, .
i .
..t_
,...
'~
. . j5" i
: 1M --j---
'-
.~
N SWINTON
li
iij ~~
...
I
en
(9
..c
o
co
Q)
en
>-
co
L-
a>
Cl
.,-~.
..
;0-
<'I
...
o.
...
...
I
o
...
,..
o
to
<'I'
<0
o
o
~
o
~
N
T"""
Date: 21 Dec 2006
AGENDA ITEM NUMBER:
1;'.8
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
02 J an 2007
Description of Agenda Item (who, what, where, how much):
Approval/authorization for Mavor to sil:!n sidewalk deferral ae:reement for 1516 Pine
Lane.
Recommendation Staffrecom~ ~
Department Head Signature: .'
I'l- -l:Z.. ~dfg
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding Available: Yes / No Initials: NA
Account Number: NA
Description: NA
Account Balance: NA
Funding Alternatives: NA (if applicable)
City Manager Review:
Approved for Agenda:@/ No
Hold Until:
Initials: 4
!
Agenda Coordinator Review:
Received:
S:IEngAdminlsidewalk deferralsl1516 pine In agenda 2007-01-02.doc
i51
RESOLUTION NO. 2-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, URGING MEMBERS OF THE
FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING
ISSUES DURING THE 2007 LEGISLATIVE SESSION.
WHEREAS, as municipal self-detennination and local self-government are constandy under
attack from a variety of public and private interests; and
WHEREAS, numerous counties have recendy proposed revisions to their charters that
would adversely impact the Home-Rule powers of municipalities within those counties; and
WHEREAS, a majority of Florida's municipalities have experienced negative impacts to
infrastructure, housing stock and employment base from a series of natural disasters; higher than
expected increases in the cost of building products; double-digit increases in the cost of property
insurance; and inequities in the existing property-tax system; and
WHEREAS, Florida's continuing population increase has presented a challenge to cities
struggling to meet the infrastructure needs required to accommodate new growth and development
without an infrastructure revenue source dedicated to municipalities; and
WHEREAS, various proposed revisions to the property-tax system would have substantial
adverse impacts for all municipalities in Florida should they be adopted; and
WHEREAS, Florida's municipalities are dependent on other governmental entities for
financial stability and under the current system the state, counties, and school districts, control all
funding sources authorized for implementing capital improvements and complying with
concurrency requirements; and
WHEREAS, Governor Charlie Crist and Florida's House and Senate leaders have an
opportunity to address the unique concerns of municipalities during the upcoming 2007 legislative
seSSion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, THAT:
Section 1. The City of Delray Beach urges Governor Charlie Crist and members of the
Florida Legislature to support legislation during the 2007 legislative session that:
. Restores and maintains municipal Home-Rule authority for municipalities located
within charter counties;
~.c
. Supports a tax structure that is fair and equitable, and is competitively neutral and
allows municipalities the flexibility to provide adequate services in their communities.
. Preserves the dedicated documentary stamp fees as a funding source for the State
and Local Government Housing Trust Fund (Sadowski Trust Fund), eliminates the
cap placed on fund distribution, and prohibits any of these trust fund dollars from
being diverted to the General Revenue Fund.
. Provides a comprehensive and uniform workers' compensation system for all
municipal employees, regardless of employee classification, at a reasonable cost to
employers.
. 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 taxes.
. Requires legislative authorization prior to the Florida Department of Transportation
removing or delaying any project that is contained in the FDOT Five-Year Work
Plan.
. Preserves municipal authority to franchise cable and video services.
Section 2. That a copy of this resolution shall be provided to Governor Charlie Crist, Senate
President Ken Pruitt, House of Representative Speaker Marco Rubio, and members of the Florida
Legislature.
PASSED AND ADOPTED this
day of
. 2007.
MAYOR
ATTEST:
City Clerk
2
RES. NO. 2-07
RECEIVED
DEe 2 7 2006
CITY MANAGER
FLORIDA LEAGUE OF CITIES, INC.
MEMORANDUM
From:
Members of Florida League of Cities, Inc.
John Charles Thomas, Director
Legislative & Public Affairs
December 21, 2006
To:
Date:
Re:
Request for Resolution
The FLC Board of Directors has adopted an initiative to enhance the
Legislature's awareness of the League's priority issues. This plan calls on each
of Florida's 413 cities to adopt a resolution that supports the League's key priority
issues.
These key issues were adopted by the League membership at the recent
Legislative Conference and address Charter County Relations, Affordable
Housing and Property Tax Reform.
Enclosed is a draft resolution that we are asking your city to adopt at the next
available council/commission meeting. We would then like you to send copies of
that resolution to Governor-Elect Charlie Crist, Senate President Ken Pruitt,
Speaker of the House Marco Rubio, your House and Senate members and a
copy to the Florida League of Cities no later than Friday, February 23, 2007.
Also enclosed, is a list of addresses for the Governor, Senate President; Speaker
of the House and a House and Senate directory with addresses for your
legislators.
A Microsoft Word version of this resolution can be on the League's website under
Legislative/Advocacy at: www.flcities.com. Should you have any questions or
require additional information, please contact Jenny Anderson at the Florida
League of Cities at (800) 342-8112. Thank you for your assistance.
Enclosures
301 South Bronaugh Street, Suite 300 . P.O. Box 1757 . Tallahassee, FL 32302-1757
(850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Web site: www.flcities.com
Please send a copy of your City's resolution to the following
no later than Friday, February 23, 2007
The Honorable Charlie Crist
Governor-Elect, State of Florida
Plaza Level 05, The Capitol
400 South Monroe Street
Tallahassee, Florida 32399-0001
Phone: (850) 488-4441
Fax: (850) 487-0801
The Honorable Ken Pruitt
President of the Senate
Suite 409, The Capitol
404 South Monroe Street
Tallahassee, Florida 32399-1100
Phone: (850) 487-5229
Fax: (850) 487-5844
The Honorable Marco Rubio
Speaker of the House of Representatives
Suite 420, The Capitol
402 South Monroe Street
Tallahassee, Florida 32399-1300
Phone: (850) 488-1450
Fax: (850) 487-1456
Your House and Senate Members
See attached directories for mailing information
Rikkia Reliford, Assistant to the Legislative Director
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, Florida 32302-1757
Phone: (800) 342-8112, extension 253
Fax: (850) 222-3806
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
A ENDA ITEM . I - RE LAR MEETIN F ARY 2 2
CHANGE ORDER NO.7 /FINAL (CONTRACT CLOSEOUT)/ ASPHALT
CONSULTANTS. INC.
SUBJECT:
DATE:
DECEMBER 28, 2006
This is before Commission to approve Change Order No. 7/Final (Contract Closeout) in the
amount of $141,650.69 and final payment in the amount of $146,349.71 to Asphalt Consultants, Inc.
for completion of the N.W./S.W. 5th Avenue Improvements Project.
The Community Redevelopment Agency (CRA) has provided funding for this project for all CRA
related items. The additional funding needed from the CRA for Change Order No.7 /Final to
complete the project and closeout the contract is $94,871.69.
At the December 14,2006 CRA Board Meeting, the CRA Board approved the additional funding.
The change order includes plus and minus quantity adjustments; and additional services required to
complete Project #2003-037. All changes for the project are itemized on the attached Schedule
"A". The project is complete and all closeout docwnentation has been received.
Funding is available from 334-3162-541-65.83 (General Construction Fund/Capital/NW /SW 5th
Avenue - SW 151 to NW).
Recommend approval of Change Order No. 7/Final (Contract Closeout) in the amount of
$141,650.69 and final payment in the amount of $146,349.71 to Asphalt Consultants, Inc. for
completion of the N.W./S.W. 5th Avenue Improvements Project.
S:\City Clerk\AGENDA COVER MEMOS\Contrael Closeoul\CO 7 CA Ashphall Consultants Ine NW SW 5th Ave Impnnt Ot0207.doc
MEMORANDUM
TO:
THRD:
FROM:
DATE: December 19, 2006
TIlls item is before the Commission to approve Change Order No.7 /Final (Contract Closeout) in the
amount of $141,650.69 and final payment in the amount of $146,349.71 to Asphalt Consultants, Inc.
for completion of the N.W./S.W. 5th Avenue Improvements Project.
The Community Redevelopment Agency (CRA) has provided funding for this project for all CRA
related items. The additional funding needed from the CRA for Change Order No.7 /Final to
complete the project and closeout the contract is $94,871.69 as follows:
Residual CRA Funds from FY '05/'06 to be brought forward
Additional Funds to be received from the eRA
Total Funding Amount for CO #7/Final
$ 46,779.00
$ 94.871.69
$141,650.69
At the December 14, 2006 CRA Board Meeting, the eRA Board approved the additional funding for
this project (see attached email from the CRA).
The change order includes plus and minus quantity adjustments; and additional services required to
complete Project #2003-037. All changes for the project are itemized on the attached Schedule "A".
The project is complete and all closeout documentation has been received.
Funding is available from 334-3162-541-65.83 (General Construction Fund/Capital Outlay/NW /SW
5th A ve-SW 1 st to NW); after receipt of funds in the amount of $94,871.69 from the CRA.
Staff recommends approval of Change Order No.7 /Final (Contract Closeout) in the amount of
$141,650.69 and final payment in the amount of $146,349.71 to Asphalt Consultants, Inc. for
completion of the N.W./S.W. 5th Avenue Improvements Project.
cc: Richard Hasko; Director of ESD
Diane Colonna, Executive Director, CRA
Donna Gogreve, CRA Finance & Admin. Director
Randal Krejcarek, City Engineer
Rafael Ballestero; Dep. Director of Construction, ESO
Agenda File 01/02/07
File 2003-037 (A)
S:lEngAdminlPTojects1200312003.037\OfficiaMspbah CO 7 Final Agd Mem GC OI0207.doc
CHANGE NO.
7 / Final
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
PROJECT NO. 2003-037 DATE:
PROJECT TITLE: NW/SW 5th Avenue Improvements
TO CONTRAC1'OR: 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.
mSTIFICA TION:
Complete changes to project per the attached schedule "An.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADmSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADmSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER +7.64%
TOTAL PER CENT INCREASE TO DATE +50.68 %
$1,853,886.75
$797.998.89
$2,651,885.64
$141,650.69
$2,793,536.33
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Asphalt Consultants, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account:. 334-3162-541-65.83
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
S:\EngAdminlProjects\2003\2003-037\OfficiaMsphah co 7 Fmal GC OI0207.doc
SCHEDULE "A"
TO CHANGE ORDER NO 7 I FINAL
ASPHALT CONSULTANTS, INC.
NW I SW 5TH AVENUE STREETSCAPE IMPROVEMENTS PROJECT #2003-037
CONTRACT AWARD
EXTENDED TOTAL
ITEM DESCRIPTION UNIT EST. UNIT PRICE PRICE
NO. QTY.
I MobilizationlDemobilization, bonds, insurance, 1$ I
and general requirements. $87,500.00 $87,500.00
2 Maintenance of traffic LS I $12.500.00 $12,500.00
3 Clearing and grubbing prior to construction of AC 0.23
proposed improvements $6,250.00 $1,437.50
4 Demolition 1$ I $209,440.00 $209,440.00
5 Furnish and install 8 inch ductile iron pipe. LF 440 $59.00 $25,960.00
6 Furnish and install 20" x 8" Tapping Sleeve and EA 2
Ivalve. $5,000.00 $10,000.00
7 Furnish and install 8" Gate valves. EA 6 $1,000.00 $6,000.00
8 Furnish and install 6" Gate valves. EA I $750.00 $750.00
9 Furnish and perfonn Bacteriological Sampling EA 2 $320.00 $640.00
Points including all appurtenances
10 Remove Existing 2" Water Main. 1$ I $1,780.00 $1,780.00
11 Furnish and install 6" line stop. EA I $3,550.00 $3,550.00
12 Furnish and install 2" line stop. EA I $1,700.00 $1,700.00
13 Furnish and install 2" jumper. EA I $1,650.00
$1,650.00
14 Replace existing 8" gravity sanitaIy sewer at LF 40
water main crossings. $200.00 $8,000.00
15 Asphalt trench repair. LF 875 $29.00 $25,375.00
16 Furnish and install Bubble Up Structure. EA I $4,800.00 $4,800.00
17 Furnish and install Drainage Manhole. EA 6 $16,350.00
$2,725.00
18 Furnish and install FOOT Type "C" Inlets. EA 20 $2,325.00 $46,500.00
19 Remove existing Drainage Manholes and EA 9
existinll Inlets. $900.00 $8, I 00.00
20 Convert existing inlets to drainage manholes. EA 2 $1,400.00 $2,800.00
21 Furnish and install 15" RCP drainage pipe. LF 665 $60.00 $39,900.00
22 Furnish and install 18" RCP drainage pipe. LF 220 $68.00 $14,960.00
23 Adjustment of Utility Valve Boxes. EA 11 $225.00 $2,475.00
24 Adjustment of existing Manhole Covers. EA 13 $480.00 $6,240.00
25 Adjustment of Corbel Top on Existing Sanitary EA 5
Sewer Manholes $1,650.00 $8,250.00
26 Relocate existing Fire Hydrant assembly EA 3 $1,400.00 $4,200.00
27 Furnish and install Type "F" Curb and Gutter. LF 3,700 $23.00 $85,100.00
28 Furnish and install Valley Gutter. LF 1.300 $23.00 $29,900.00
29 Furnish and install Flush Concrete Header Curbs. LF 85 $28.00 $2,380.00
AspI18~ co 7 Final Schedule I<:! Agde Req GC 120506.xlo
CONTRACT TO DATE
EXTENDED TOTAL
ACTUAL UNIT PRICE PRICE QUANTITIES
QTY. ADJ.(+/-l
1.00 $87,500.00 $87,500.00 $0.00
1.00 $12,500.00 $12,500.00 $0.00
0.23 $6,250.00 $1,437.50 $0.00
1.00 $209,440.00 5209,440.00 $0.00
420.00 $59.00 524,780.00 -$1,180.00
2.00 $5,000.00 510,000.00 $0.00
3.00 $1,000.00 53.000.00 -$3,000.00
1.00 $750.00 $750.00 $0.00
1.00 $320.00 S320.00 -$320.00
0.00 $1,780.00 SO.OO -$1,780.00
0.00 $3,550.00 SO.OO -$3,550.00
0.00 $1,700.00 SO.OO -$1,700.00
0.00 $1,650.00 SO.OO -$1,650.00
0.00 $200.00 SO.OO -$8,000.00
291.00 $29.00 S8,439.00 -$16,936.00
1.00 $4,800.00 54,800.00 $0.00
5.00 $2,725.00 SI3.625.oo -$2,725.00
20.00 $2,325.00 $46,500.00 $0.00
11.00 $900.00 S9,900.oo $1,800.00
0.00 $1,400.00 50.00 -$2,800.00
824.00 $60.00 $49,440.00 $9,540.00
218.00 $68.00 SI4,824.00 -$136.00
0.00 $225.00 SO.OO -$2,475.00
0.00 $480.00 SO.OO -$6,240.00
0.00 $1.650.00 SO.OO -$8,250.00
3.00 $1,400.00 S4,200.00 $0.00
3049.00 $23.00 570,127.00 -$14,973.00
1711.00 $23.00 539,353.00 $9,453.00
0.00 $28.00 SO.OO -$2,380.00
CONTRACT AWARD
EXTENDED TOTAL
ITEM DESCRIPTION UNIT EST. UNIT PRICE PRICE
NO. Q'IT.
30 Milling of the existing asphalt pavement. SY 5,350 $3.60 $19.260.00
31 I 1/2" Type S-11I Asphalt SY 6,820 $6.70 $45,694,00
32 8" Limerock Base SY 715 $36.00 $25,740,00
33 12" Stabilized Subgrade SY 895 $34.00 $30,430.00
34 Pavement markings and signing LS I $5,125.00 $5,125,00
35 4" thick Concrete Sidewalks SF 9,400 $4.00 $37,600.00
36 6" thick Concrete Sidewalks SF 3,325 $5.00 $16,625,00
6" thick Colored Concrete Driveway Apron.
Driveways shall be constructed of colored
37 concrete. Includes Driveway Aprons along SW SF 5,900 $7.60 $44,840.00
1st Street which were impacted by water main
construction.
38 8" thick Concrete slabs at the proposed bus stop SF 620 $8.00 $4,960.00
locations.
39 Provide as-builts of project. LS I $6,250.00 $6,250,00
40 Coconut Palms, 6'-8' GW EA 8 $1,035.00 $8,280.00
41 Winin Palms, 6'-8' GW EA 7 $875.00 $6,125.00
42 Montgomery Palms. 6'-8' GW EA 11 $875.00 $9.625.00
43 Sabal Palms, 6'-8' GW EA 2 $175.00 $350.00
44 Dwarflndian Hawthorne, 3 Gallon, 12" Spread EA 230 $12.50 $2.875.00
.
45 Gama Grass, 3 Gallon, 18" Spread EA 263 $11.25 $2,958.75
46 Green Island Fig, 3 Gallon, 12" Spread EA 183 $12.50 $2.287.50
47 Black Mondo Grass, I Gallon, 6" Spread EA 101 $5.00 $505.00
48 Sodding SY 1,068 $12.00 $12.816.00
49 Recycled Hardwood Mulch, 3" Layer CY 42 $44.00 $1,848.00
50 Biobarrier, 19.5" Roll LF 750 $10.00 $7,500.00
51 Landscape Weed Control Fabric SF 3,500 $2.60 $9,100.00
52 Landscape Irrigation System LS I $53.750.00 $53,750.00
53 Relocation of existing trees within right of way to EA 4 $1,000.00 $4,000.00
private property.
54 Electrical and Lighting System Improvements LS I $316.250.00 $3 I 6,250,00
55 Furnish and install terrazzo sidewalks including SF 12,560 $37.00 $464,720.00
concrete base.
56 Installation of Bronze Medallions (Medallions to LS I
be provided by Artist). $125.00 $125.00
57 Indemnification LS I $10.00 $10,00
58 Video Allowance LS I $1.000.00 $1,000.00
59 Utility Allowance LS I $15,000.00 $15,000.00
60 Landscaping Contingency Allowance LS I $ I 5,000.00 $15,000.00
61 irrigation Contingency Allowance LS I $15,000.00 $15.000.00
TOTAL ORIGINAL CONTRACT AWARD $1,853,886.75
CHANGES TO ORIGINAL CONTRACT
UNIT
o
APl'KUV~D (;/u
AMOUNT
$88,314,00 I
EI Miller Park Resurfacing
C02
SW 5th Ave Watennain replacement (SW 1st St
to Atlantic)
$91,065.001
Asphan co 7 Final Schedule A:3 Agda Req GC 120506.xls
CONTRACT TO DATE
EXTENDED TOTAL
ACTUAL UNIT PRICE PRICE QUANTITIES
Q'IT. ADJ,(+/-)
400,00 $3.60 $1,440.00 -$17,820.00
7461.00 $6.70 $49,988.70 $4,294.70
4084.00 $36.00 $147,024.00 $121,284.00
4618.00 $34.00 $157,012.00 $126,582.00
1.00 $5,125.00 $5,125.00 $0,00
525.00 $4.00 $2,100.00 -$35,500.00
1199,00 $5.00 $5,995.00 -$10,630.00
5861.00 $7.60 $44,543.60 -$296.40
274,00 $8.00 $2,192.00 -$2,768.00
1.00 $6,250.00 $6,250.00 $0.00
8.00 $1.035.00 58,280.00 $0.00
5,00 $875.00 $4,375.00 -$1,750.00
12.00 $875.00 $10,500.00 $875.00
2.00 $175.00 $350.00 $0.00
235.00 $]2.50 $2,937.50 $62.50
265.00 $]1.25 $2,981.25 $22.50
184.00 $12.50 $2,300.00 $12.50
128.00 $5.00 $640.00 $135.00
357.00 $12.00 $4,284.00 -$8,532.00
35.00 $44.00 $1,540.00 -$308,00
326.00 $10.00 $3,260.00 -$4,240,00
3143.00 $2.60 $8,171.80 -$928.20
1.00 $53,750.00 $53,750.00 $0.00
0.00 $1,000.00 $0.00 -$4.000.00
1.00 $3]6,250.00 $316,250.00 $0.00
12693.00 $37.00 $469,641.00 $4,921,00
1.00 $125.00 $125.00 $0.00
1.00 $10.00 510.00 $0,00
1.00 $1,000.00 51,000.00 $0.00
1.14 $15,000.00 517,153.43 $2.153.43
0.00 $15,000.00 50.00 -$15,000.00
0,591 $15,000.00 58,865.88 -$6,134.12
$1,949,020.66 $95,133.91
1.00
CHANGE ORDER TO DATE
$82,517.181 $82,517.181
QUANTITIES ADJ.
(+/-.
-$5,796.821
$76,032.00 I
-$15,033.001
$76,032.001
1.00
QT\'.
QT\'.
CONTRACT TO DATE
EXTENDED TOTAL
PRICE QUANTITIES
ADJ.(+/-)
GJ
NO.
DESCRIPTION
13
CONTRACT AWARD
EXTENDED TOTAL
EST. UNIT PRICE PRICE
ACTUAL
UNIT
APPROVED C/O
AMOUNT
CHANGE ORDER TO DATE
QUANTITIES ADJ.
(+"1
C03.1 Parking area improvements in alley east ofNW LS
5th Ave at NW 2nd St.
CO 3.2 Upgrade electrical pull boxes and conduit LS
changes at light poles.
$87,540.00
1.00 $95,247.60 $95,247.60 $7,707.60
1.00 $14,629.20 $14,629.20 $0.00
Total Cbange Order No.3
$14,629.20
$102,169.20
5109,876.80
Replace existing sewer system on NW 5th
C04.1 Avenue, from Atlantic Avenue to NW 2nd LS
Street.
CO 4.2 Install underground electrica] service to electrical LS
rack in lieu of overhead wires.
Replace existing green decorative street light
C04.3 with a yellow decorative street light to match LS
those being installed on the project.
$4,617.70
1.00 $129,372.00 $]29,372.00 -$28,866.00
1.00 $4,617.70 $4.617.70 $0.00
1.00 $7,251.53 $7,251.53 $0.00
$158,238.00
$7,251.53
Total Cbange Order No.4
$170,107.23
5141,241.23
Replace Drainage system which was in contlic
C05 with Sanitary Sewer System replacement, on the LS
north two blocks of the project.
$234,317.46
1.00
$273,256.46
5273,256.46
$38,939.00
C06
Replace Water Main on north two blocks of
project.
TOTAL PREVIOUSLY APPROVED CHANGES
$112,026.00 5115,227.00 $3,201.00
$797,998.89 $798,150.67 $151.78
$2,651,885.641 $2,747,171.331 $95,285.691
[2Q~ 6.601 546,365.00 I 546,365.00 I
TOTAL CONTRACT TO DATE $2,793,536.33
TOTAL CONTRACT & APPROVED CO'S #1 - #6
@~2~]4" Thick Colored Concrete
Cbanl!e Order No. 7!Final
4" Thick Colored Concrete - The 4" colored
concrete was included in the plans but
inadvertently left off as a line item for payment
$46,365.00
Plus Quantities Adjustment (listed above)
TOTAL CHANGE ORDER NO.7 I FINAL
$95,285.69
$141,650.69
Original Contract Award
$1,853,886.75
Previously Approved Changes
$797,998.89
Total Award to Date
$2,651,885.64
$2,793,536.33
$141,650.691
Total Contract to Date
Change Order No.7 I Final
Asphatt co 7 Final Schedule A3 Agdo Req GC 120506.xlo
AGENDA REQUEST
Agenda Item No.: 1>.>>
DATE: December 19,2006
Request to be placed on:
---1L. Consent Agenda
Regular Agenda
Special Agenda
Workshop Agenda
WHEN: JANUARY 2. 2007 Commission Meeting
Description of item (who, what, where, how much):
This item is before the Commission to approve Change Order No. 7/Final (Contract Closeout) in the amount of
$141,650.69 and final payment in the amount of $146,349.71 to Asphalt Consultants, Inc. for completion of the
N.W.lS.W. 5th Avenue Improvements Project.
The Community Redevelopment Agency (CRA) has provided funding for this project for all CRA related items. The
additional funding needed from the CRA for Change Order No. 7/Final to complete the project and closeout the contract
is $94,871.69 as follows:
Residual CRA Funds from FY '05/'06 to be brought forward
Additional Funds to be received from the CRA
Total Funding Amount for CO #7/Final
$ 46,779.00
$ 94.871.69
$141,650.69
At the December 14, 2006 CRA Board Meeting, the CRA Board approved the additional funding for this project (see
attached email from the CRA).
Funding is available from 334-3162-541-65.83 (General Construction Fund/Capital Outlay/NW/SW 5th Ave-SW 1st to
NW); after receipt of funds of $94,871.69 from the CRA.
ORDINANCE/RESOLUTION REQUIRED: NO
Recommendation: Staff recommends approval of Change Order No. 7/Final (Contract Closeout) in the amount of
$141,650.69 and final payment in the amount of $146,349.71 to Asphalt Consultants, Inc. for completion of the
NW.lSW. 5th Aven~vements P ..ect. ~
Department Head /I'
Signature: L- ~ ~ / z. ,. "L.o" 0 ~
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on aJ.U!2!Ds inv~v,"g ex~nditure offunds):
( ~)~ ~ to'" "-
Funding available YES SE-t:.. ~ ~\~\;"'-'-z,.S: ~~z:.c>/
Funding alternatives ~/A (if applicable)
Account No. & Description:
334-3162-541-65.83 (After receipt of CRA Funds)
General Construction Fund/Capital Outlay/NW/SW 5th Ave-SW 1st to NW
City Manager Review: ;;;;;;;;,
Approved for agenda: c.//NO
Hold Until:
pv1
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EogAdminlProjects\2003\2003.037\OfIiciaI\Asphah co 7 Final Agnd Req GC OI0207.doc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER pr1
AGENDA ITEM # ~ ~ 'S - REGULAR MEETING OF JANUARY 2,2007
CHANGE ORDER NOS. 3 & 4 (CONTRACT CLOSEOUT)/FINAL
PAYMENT /BSA CORPORATION/DELRAY BEACH PUBLIC LIBRARY
TO:
SUBJECT:
DATE:
DECEMBER 28, 2006
Tbis is before Commission to approve Change Order No. 3/Final in the amount of $245,655.56,
Change Order No. 4/Final in the amount of a $233,455.00 decrease and final payment in the
amount of $76,118.25 to BSA Corporation for the construction of the new Delray Beach Public
Library; and approve a return of refund in the amount of $79,909.58 to the Delray Beach Public
Library.
Funding is available from 334-3552-571-62.10 (General Construction Fund/Buildings).
Recommend approval of Change Order No. 3/Final in the amount of $245,655.56, Change Order
No. 4/Final in the amount of a $233,455.00 decrease and final payment in the amount of $76,118.25
to BSA Corporation for the construction of the new Delray Beach Public Library; and approve a
return of refund in the amount of $79,909.58 to the Delray Beach Public Library.
S: \City Clerk\AGENDA COVER MEMOS\Contract Closeout\CO 3 and 4 CC BSA Delray Public Library Ot0207.doc
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jackie Rooney, Purchasing Manager d~
Lisa Hartman, Accountant IT ifti (J
THROUGH: Joseph Saff~d~inance Director
DATE: December 19, 2006
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
NOVEMBER 21, 2006 - FINAL CHANGE ORDERS 3 & 4
AND FINAL PAYMENT FOR CONTRACT CLOSEOUT
BSA-DELRA Y BEACH PUBLIC LIBRARY
Item Before Commission:
City Commission is requested to approve Final Change Orders NO.3 in the net add amount of
$245,655.56 and No. 4(Contract Closeout) in the net deduct amount of (-$233,455.00) and the
final payment to BSA for the contract completion of the Delray Beach Public Library for
$76,118.25. In addition, the unused portions of the funds paid by the Library to the City for the
Library construction are being returned back to the Library in the amount of $79,909.58.
Background:
BSA was awarded the contract for the construction of the Delray Beach Public Library on August
3, 2004 by City Commission. Total funding for the Library project was $7,455,242.00. Per the
contract BSA is entitled to 25% of any cost savings that is less than the Guaranteed Maximum
Price (GMP) upon completion of the project. The cost savings under the GMP was $311,273.62.
Therefore, BSA is due $76,118.25 as the construction of the Library is completed.
BSA- Delray Beach Public Library
Original Amount-
Change Order 1-
Change Order 2-
Change Order 3-
Change Order 4-
Materials Purchases
$7,096,278.00
43,946.00
315,018.00
245,655.56
(233,455.00)
($2.264.908.63)
Total
$ 311,273.62
Library Construction Funding
Delray Beach Public Library
City of Del ray Beach Grant
State of Florida Library Grant
$4,455,242
2,500,000
500.000
Total Construction Budget
$7,455,242
Cost Savings Breakdown
Weekes & Calloway*
BSA 25% Payment
Sales Tax/Change Order Adj.**
Delray Beach Public Library
$ 49,508.34
76,118.25
105,737.45
79,909.58
$311,273.62
* This expenditure was paid by the City on behalf of the Library so that construction materials
could be delivered to the site. It was Builders Risk Insurance.
** This amount is the difference between sales tax savings and the third change order. The sales
tax savings resulted from the City purchasing materials for the construction of the Library. While
there was an increase to the cost of the project, there were sufficient funds available to pay for
these costs. Therefore the Library did not contribute additional funding at that time (Change order
No.3). The City is only refunding the Library the balance based upon actual contributions to the
project.
Previous issues (See attached correspondence) have been addressed and the Library has
authorized final payment.
Recommendation:
Per the attached correspondence, staff recommends final payment to BSA for contract completion
in the amount of $76,118.25 and refund of the remaining balance to Delray Beach Public Library
in the amount of $79,909.58. Funding from account code 334-0000-205-00.00 These
expenditures were accrued in Fiscal Year 2006 in 334-3552-571-6210 ($76,118.25) and 334-
3552-571-4921 ($79,909.58).
Page 1 of I
Hartman, Lisa
From: Karen Evanson [karen.evanson@DelrayLibrary.org]
Sent: Thursday, December 14,2006 2:01 PM
To: Hartman, Lisa
Subject: RE: BSA Payment
Lisa,
The paperwork appears to be in order so they approval of the final payment can be added to the commission
agenda.
Thanks,
Karen
From: Harbnan, Lisa [mailto:Harbnan@ci.delray-beach.f1.us]
Sent: Thursday, December 14, 2006 11:49 AM
To: Karen Evanson
Subject: BSA Payment
I am touching base with you to see if everything has been resolved with BSA. They have us a copy of the
paperwork they sent you. Please let me know whether they can be paid yet. Thanks.
1!i6"~
eibj oj, ~ flkmIr,
fJinanu
561-243-7118
12/20/2006
~SA
GENERAL CONTRACTORS
CONSTRUCTION MANAGERS
CORPORATION
December 11, 2006
Ms. Karen Evanson
Delray Beach Public Library Association Inc.
100 West Atlantic Avenue
Delray Beach, Florida 33444
RE: Delray Beach Public Library
Final Payment
Dear Karen,
Per your letter dated November 27,2006, enclosed are the following documents:
1. Certificate of Substantial Completion, signed by all parties
2. Consent of Surety
3. Change Order 102, signed by Architect & Owner's Representative
4. Change Order 103, signed by Architect & Owner's Representative
5. Certificate for Payment 102, signed by Owner's Representative and initialed
by Architect.
6. Certificate for Payment 103, signed by Owner's Representative and initialed
by Architect.
According to your correspondence, upon receipt of the above documents, the final
payment will be approved by City Commission and payment will be made.
Please contact me via email (kunke@bsacontractors.com) with regards to the timing of
this final payment.
erly A. Unke
BSA Corporation
Cc: Lisa Hartman, City of Delray Beach
Joe Stafford, City of Delray Beach
9 Northeast Second Street
Delroy Beach, FL 33444
561 .272.6350
561.272.7440 Fax
...~ ...... ,.' .".~.,
..:,,;~~~~:~~/~~;,
-_"~.__,_~Wj?{\,,
~~~<; ;~~ r;~ ~~~~
., ,Ii'; ',.., ,- 1:]i'
f!""~l ,.--' : I'~-'
,-" - ,", .-:;
i~.~i ~ i '~n-
'~.;.;- .i~~i;i'_<.,~-~--
Deh-av Beach
. . ~.,.r. ....
~'I ] t~lJ"'i f' ~.i hl"'-;~I-V
-"'_ -.._tI".,J' ~.~~ L.J..._ u
,.,
November 27, 2006
Mr. Bill Branning
President
BSA Corporation
9 NE 2nd Street
Delray Beach, FL 33444
Re: Outstanding issues at DBPL
Dear Bill,
In response to your letter dated November 22, 2006, I am quite swprised to find that BSA
was unaware of the outstanding issues since throughout the project your superintendent
has been in continuous contact with me on issues and information concerning the
construction of the building. The issues addressed were not new or unknown and
reported numerous times to the project superintendent. In fact, oW' phone conversation
November 22, 2006 was the first notification from BSA of a change in the
communication procedure. Your personal interest in the project is appreciated and I
certainly would have reported these problems directly to you earlier if I had been
informed of a change in the way BSA preferred contact.
As requested, please see my commcnts:
The issue of air flow and excessive noise in the children's area has been a subject of
discussion even before we occupied the building and was reported to the project
superintendent multiple times, including several occasions when Thermal Concepts was
in attendance.
With regard to the Reference Desk lighting, the Davco representative questioned me as to
whether the cleaning people were touching the bulbs as this could potentially cause them
to fail. At that time, I advised him that this was not the case, neither cleaning personnel
nor staff had been touching the fixtures. The project superintendent and Davco then
concluded that a transformer could be the root cause of the problem and advised that
further testing would be scheduled. Furthermore, the problem with the lights was
brought to the attention of the project superintendent each time he visited the building.
:c:(] V'/~S'~~ -11\.-;LAN--:'~C ,.:.',.-/=t"<lH.:. t):t-:':'-RAY BEACH.. F!- 3344.:.:t
c.~.~:_.,.;:- S5';-~~S5"'0'~~':.,:~ .,~ 5~1-;:6S..9757
.'."/\"'~. \'~... ;"'J.~" ::.... ;-.. _", '.. .'- ,~~ H;., n',' _ (: r~ G
On the day that Davco replaced the defective stack lighting fixtures on the second floor
(with the project superintendent in attendance), I requested status of the repair of the
Reference Desk lighting. Davco tested the fixtures and concluded that there was not any
voltage at the bulb and therefore the transformer was the problem. The feasibility of
accessing the transformer in the ceiling was discussed by both the project superintendent
and Daveo, and I was informed that the issued would be resolved.
1. The stack lighting was brought to the attention of BSA on both of these occasions
and the possibility of a voltage issue was discussed. I was advised that FPL
would be contacted and the issue would be resolved. Not only that, I specifically
asked if the library needed to contact FPL and was informed that BSA would deal
with FPL directly.
2. Yes, the lighting above the Reference Desk was referred to in the introductory
paragraph and detailed as item 2. We continue to be astonished by BSA's
assertions of a lack of awareness of these problems. On one occasion, both the
proj ect superintendcnt and Davco stood on the Reference Desk, with their shoes
on, attempting to ascertain the problem.
3. At this time only one exploded. The BSA project superintendent and Davco both
responded to my query as to whether this was a normal occurrence with this type
of fixture. I was advised it was not and that the matter would be taken care of.
4. The library is occupied approximately 3,336 hours annually. In addition, cleaning
crews spend approximately 1,100 hours annually working when the building is
closed'. This amounts to an estimated 4,436 hours run time for the lamps and that
is a generous estimate since the cleaning crew only lights the area they are
cleaning, not the entire building, nor do they clean the building 365 days per year.
These lights are not left on overnight.
5. The Cookbook Cafe pendant lighting has been the topic of frequent discussions
between BSA, Davco, and me. The "Home Depot" conversation was my
observation that lights from Home Depot would have been more functional than
the ones installed and an expression of frustration concerning the resolution of yet
another lighting fixture issue. BSA and Davco both expressed the opinion that
retrofitting the fixtures would be the best resolution, while I articulated my
exasperation that the fixtures were defective and should have been replaced quite
some time ago.
Please see my comments regarding issues other than lighting:
1. I cannot respond to your comments regarding the hand dryers since a section of
your letter appears to be missing. Nevertheless, BSA's project superintendent has
been in contact regarding the hand dryers.
2. BSA completed the repair to the elevator wall early in the construction process
when the damage occurred. It was my understanding that workmen damaged the
wall when using the elevator to move material to the second floor. Therefore,
BSA would be responsible for the failure of the repair.
3. Again, the damage to the bench occurred early in the construction process. Thank
you for enlightening me that this is not part of your work.
As you noted in your letter, Paragraph 7.2.1 of the contract documents the fact that these
issues are to be handled outside of the final payment and we appreciate BSA's decision to
address these issues. We also appreciate BSA's patiet;lce while the City's Finance
Department reconciles the complex accounting involved with this project. As you are
aware, reconciliations, including the final reconciliation, have been difficult due to errors
and/or differences in the amounts calculated by BSA and the City.
A review of the documents rclating to the final payment revealed some concerns with the
lack of receipt and execution of the final documents. At this time, the library has not
been provided with the following: a Certificate of Substantial Completion (AlA
Document 0704) issued by Perkins & Will; Consent of Surety; copies Change Orders
numbered 102 and 103 authorized by Perkins & Will; and copies of Application and
Certificate For Payments numbered 21 and 22 certified by Perkins & Will. When it was
learned that the approval of final payment was on the Commission agenda, the library
was compelled to share these concerns with the City's Finance Department. The
approval of final payment by the City Commission would be appropriate once all of the
documents have been properly executed and received.
The library does not have any issue with the approval of the final payment after we are in
receipt of the documents referred to in Paragraph 7.2.1 of the Addendum to AlAdDocument A201-1997 and the City's Finance Department has completed the
reconciliations of the accounting and the documentation for this project. Once final
payment has been received, we do request receipt of the original Final Affidavit of
Construction Manager.
Sincerely,
~~
Karen Evanson
Assistant Director
Cc: Pete Driscoll
Alan Komblau
Norman Shapiro
Brian Cheslack
Carlos Chu
....._. _ ..' ..._.' _"H___'__" '~"'~'_"_"_"R'" ._~.__..._.....___. H'__" ,_.._."..._.._...._..._.......W._,,_....__
~SA
GENERAL CONTRACTORS
CONSTRUCTION MANAGERS
CORPORATION
November 21, 2006
Karen Evanson
Assistant Director
Delray Beach Public Library Assn., Inc.
.100 west Atlantic Avenue
Calray Beach, FL 33444
RE: Your amail of 11/21106
Outstanding Issues at DBPL
Dear Karen.
This letter is written in response to your email received yesterday which brought up several
open issues that BSA has never been aware of. For the record. BSA has no problem
investigating these issues even though the building's warranty period has expired.
However, as I explained this morning, BSA disagrees with your delaying the issuance of our
final check due to these open issues. The building has been complete for over a year, and
we have patientfy waited for our final retainage as the City's finance department reconciled
the DBPLJs complex account for the last several months. With the mutual team effort we
have all put into constructing your beautiful facility, we were taken aback, to say the least,
when we were notified that the approval of our final payment of $76. 118.25 was pulled from
last nighfs city commission agenda without so much as a phone call from the Library to
BSA.
With respect to your email, please see my comments:
Would you please advise us on the status of the issues with the AC chiller and excessive air
flow in the Children's area. We are not aware of any issues in the Children's area. As
you are aware, when the building was new, there were complaints brought up about
noise from unit that sitS directly on top of the conference room. Carrier was called
out and found no Issues with their unit Conespondence was provided at that time,
and we heard no further complaints from DBPL until Ed Dugger's memo was
forwarded to us from Perkins & Will on October 12. As you are aware, BSA has
contacted both Davco Electric and Thennal Concepts, our electrical and HV AC
_ subcontractors for their input. Davco Electrical Contractors has already responded
9 Northeast Second street
Delrcy Beach. FL 33444
561.272.6350
561.272.7440 Falc
j
;
I
,
i
I
I
I
I
I
I
-I
I
I
.
!
l
Karen Evanson
November 22, 2006
Page 2 of4
to the electrical issues brought up in Ed'. memo, and BSA provided i1B I'8Sponse to
you and Perkins and Will on November 1th. Regarding their work, since we have
received no response you or P&W as requested in our email, we assume you and the
. design consultants are in agreement with the content of that correspondence from
. BSA & Davco. At this time, we await the arrival of Carrier so that they can check the
unit again. Also. has Thermal Concepts and/or Carrier responded to the site visit memo by
Edward Dugger?
As you are aware. we are experiencing a high percentage of failed lights. particularly stack
lighting where the failure rate is ten percent (10%) and at the Reference Desk where the
failure rate is twenty-seven percent (270/0). What is the status on the correction of this
problem? Until receipt of your email yesterday, we were not aware of any problems.
We were aware some time ago that you told Pete Driscoll, BSA's superintendent, that
some of the reference desk bulbs had blown out. Pete followed up with Caveo, and
as you are aware through your discussions with him, you believed the problem may
have come about from the cleaning crews touching the bulbs with their hands, and
Davco advised that touching or handling the bulbs will shorten their life. Since that
time, we have heard nothing and assumed the problem resolved i1self. Please let us
know if we are dealing with defective bulbs and/or fixtures. whether there is a wiring and/or
voltage Issue. or is it a combination/variety of factors? We have called Cavco, and they
have spoken to Casandra Jackson of fPL FPL will be there today to check the actual
voltage . entering the building. If there does exist an unacceptable over voltage
caused by Florida Power & Light, then the utility would be responsible for damage to
all Installed electrically operated products. We will keep you advised of the outcome.
Ughtlng Problems
1. Ffnelight. Indirect/Direct Fluorescent Unear stade lighting located on the first and
second floors. Currently there are forty-five (45) banks failed. Until receipt of your
email . yesterday, we were not aware of this problem. We will have Davco
investigate this. In addition to the single banks on both floors. there are three
separate series of five or more banks failed on the same run as the series which
exploded on the north side of the second floor. You will remember that several banks
were replaced by the manufacturer because they were defective. Your
. representation of "several" banks being replaced consisted of the replacement
of two 8' sections of stack lighting that were replaced due to a factory defect.
r........... M.'..H......M.M...'...'.......H..M."..._.....~.__.M....'..
Karen Evanson
November 22, 2006
Page 3 of 4
2. MP lighting located above the Reference Desk on the second floor. Eight of the
eleven lights in this system have failed. It is my understanding there is a defective
transformer that has been scheduled for replacement. Until receipt of your emall
yesterday, we were not aware of this problem. The MP lights are a repeat as
the reference desk lights identified in the second paragraph of your email.ls
this correct. and if so, when has the replacement been scheduled? This work will
. require either a lift or scaffolding and we need an estimated time frame for
completion. It may be possible to schedule the work at a time when the library is
dosed. so please let me know.
3. High-hat fluorescents located on the first floor Circulation Desk. including the one
that exploded. There are currently four failed lights out of thirty-three total fixtures.
One of the bulbs in the fixtures above the Periodicals Reading area exploded
(fortunately no was injured by falling glass). has it been determined whether this was a
defective fixture or not? Until receipt of your emall yesterday, we were not aware
of this problem. We will have Davco check into it immediately.
4. Halide up lights located on second floor. To date. three out of fifty, or six percent
(6%) have failed. These would appear to be defective bulbs. since the average life
expectancy is 7.500 hours and a smaller percentage have failed. Until receipt of your
emall yesterday, we were not aware of this problem. How many hours are
these lamps run each day?
5. Cookbook Cafe pendant lighting. All the pendant fixtures have burned out with
three scorching the bulb socket. rendering the fixtures unusable. The bulbs used are
the ones Installed and recommended during the construction project. All five fixtures
are defective and require replacement. Although we Installed the specified
imported Italian fixtures and lamps, W8 were aware that the bulbs were burning
out As you know through your conversations with Pete Driscoll, Davco
believed the bulbs were overheating inside the closed fixture assembly. In
your last discussion with Pete, you said the library would just replace these
five fixture with fixtures purchased from Home Depot. We have therefore taken
no action on this item.
In addition to the lighting problems. will you advise mean the status of these other
outstanding Issues? .
Karen Evanson
November 22, 2006
Page4of4
downward, It Is not a problem with the hand dryers themselves. Accordingly,
the entire units will not be replaced. The paris needed to repair the dryer
mechanisms have been received. As you are aware from your conversation
with Pete Driscoll today, we have scheduled that work to be done two days
from now.
.2. Reinforcement of a previous repair to the wall outside first floor elevator. designed to
withstand nonnal usage of the elevator call buttons. This Is a repair caused by
abuse, and Is not part of our work.
3. Replacement of an upright slat on a window bench located on the front (north) of
the building. This is a repair caused by abuse, and is not part of our work.
Karen, we have no issue addressing open issues, but you have to inform us of them. In
addition, they are to be handled outside the issuance of the final payment, as clearly stated
in the paragraph 7.2.1 of the contract documents.' I remind you that together with the DBPl,
BSA brought the new library building in on time, with high quality, and while doing so
realized over $228,000 in savings that were returned to the library through our cost saving
efforts. We request the library do its part by authorizing the issuance of BSA's final check
immediately. We ask that you respond in writing to this request and notify us of your
intention of making the final paY"lfH;lt.
Sinoerely yours,
~~~\
Bill Branning I
President \
p
. Peter Driscoll
Project $Uperintendent
Cc: Norman Shapiro
Brian Cheslack
Carlos Chu
AGENDA ITEM NUMBER:
.,..-
~.t
AGENDA REQUEST
Request to be placed on: January 2, 2007
Date: December 19, 2006
.12L- Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approve final Change Orders 3 & 4 for close out and final payment to BSA for $76,118.25 for
construction of new Delray Beach Public Library. Approve return of funds to Delray Beach
Public Library in the amount of $79,909.58.
NO
NO
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
Recommendation:
Approve final Change Orders 3 & 4 for close out and final payment to BSA for $76,118.25 for
construction of new Delray Beach Public Library. Approve return of funds to Delray Beach
Public Library in the amount of $79,909.58.
Funding from account code 334-3552-571-62.10 (General Construction Fund, New Delray
Library, Capital Outlay, Building). Accrued in Fiscal year 2006, pay from a liability account,
Contracts Payable. 334-000Q.205-0000
~
Department Head Signature: -.)
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewlRecommendatlon (if applicable):
Budget Director Review (required on all Items involving expenditure of funds):
Funding available: Yes -t.,../ ~ No
Funding alternatives:
Account Number:
(if applicable)
Account Description:
Account Balance:
City Manager Review:
Approved for agendae ~_ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
Disapproved
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER 1J'lL1,
AGENDA ITEM; Z) I r_ REGULAR MEETING OF JANUARY 2,2007
CHANGE ORDER NO. 6/FINAL (CONTRACT CLOSEOUT)/CHAZ
EOUIPMENT. INC.
TO:
SUBJECT:
DATE:
DECEMBER 28, 2006
This is before Commission to approve Change Order No. 6/Final (Contract Closeout) in the amount
of $6,276.90 and final payment in the amount of $51,787.76 to Chaz Equipment Company, Inc. for
completion of the Swinton Avenue Beautification Project.
Funding is available from 119-4151-572-60.69 (Beautification Fund/Capital Outlay/Improvements
Other) and 448-5461-538-63.90 (Storm Water Utility Fund/Other Improvements).
Recommend approval of Change Order No. 6/Final (Contract Closeout) in the amount of $6,276.90
and final payment in the amount of $51,787.76 to Chaz Equipment Company, Inc. for completion of
the Swinton Avenue Beautification Project.
S:\City Clerk\AGENDA COVER MEMOS\Contract Closeout\CO 6 CC Chaz Swinton Beautification Project 01.0207.doc
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Richard C. Hasko, Environmental Services Director
FROM: Carolanne Kucmerowski, Construction Management Technician
SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING OF JANUARY 2. 2007
CHANGE ORDER NO. 6/FINAL (CONTRACT CLOSEOUT)/CHAZ
EOUIPMENT COMPANY, INC.
DATE: December 18,2006
This item is before the Commission to approve Change Order No. 6/Final (Contract Closeout) in the
amount of $6,276.90 and final payment in the amount of $51,787.76 to Chaz Equipment Company,
Inc. for completion of the Swinton Avenue Beautification Project.
The change order includes plus and minus quantity adjustments; and additional services required to
complete Project #2001-054. All changes for the project are itemized on the attached Schedule "A".
Items referenced as 2.A.l, 3.A.2 & 2A.23a.2 regarding Change Order No.6 were alternate bid items not
awarded with the original contract award that pertained to Palm Beach County signalization.
Additional costs incurred with respect to the Old School Square Utility Relocates, items 4.a, 16a, 22a,
23a, & 28b are as a result of existing field conditions.
The project is complete and all closeout documentation has been received.
Funding is available from 119-4151-572-60.69 (Beautification Fund/Capital Outlay/Improvements-
Other) and 448-5461-538-63.90 (Storm Water Utility Fund/Other Improvements).
Staff recommends approval of Change Order No. 6/Final (Contract Closeout) in the amount of
$6,276.90 and fmal payment in the amount of $51,787.76 to Chaz Equipment Company, Inc. for
completion of the Swinton Avenue Beautification Project.
cc: Richard Hasko: Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero; Dep. Director of Construction, ESD
Agenda File 01/02/07
File 2001-054 (A)
S:\EngAdminlProjects\2001\2001-05410FFICIALICbaz CO 6 Final Agd Mom GC OI0207.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
PROJECT TITLE:
6 I Final
PROJECT NO. 2001-054
DATE:
Swinton Avenue Beautification
TO CONTRACTOR: Chaz Equipment Company, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
mSTIFICATION:
Complete changes to project per the attached schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADmSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADmSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER +0.54%
TOTAL PER CENT INCREASE TO DATE +43.87 %
$1,154,230.00
$500.121.85
$1,654,351.85
$6.276.90
$1,660,628.75
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Chaz Equipment Company, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account:. 448-5461-538-63.90 ($6.276.90)
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
By:
RECOMMEND:
Environmental Services
Mayor
ATTEST:
By:
APPROVED:
City Attorney
City Clerk
S:\EngAdminlProject,\2001 \2001-054\OFFlCIAL\Cbaz co 6 Final GC 01 0207.doc
SCHEDULE" A"
TO CHANGE ORDER NO 6/ FINAL
CHAZ EQUIPMENT COMPANY, INC.
SWINTON AVENUE BEAUTIFICATION PROJECT #2001-054
ITEM DESCRIPTION UNITS
I Site Mobilization/Demobilization LS
2 Maintenance of Traffic LS
3 Clearin~ and Grubbin~ LS
4 As-Built Record Drawinos LS
5 1" Tvpe S-1I1 Asphalt Restoration SY
6 Precast Conc. Pavers (Sidewalk) SY
Incl. Levelin~ Crse & flowable fill)
Precast Conc. Pavers
7.1 (Roadway)(lncl. Leveling Crse & SY
flowable fill)
7.2 NW 1st St - Precast Conc. Pavers SY
Roadwav)
8 Concrete Curb and Gutter (Header LF
Curb)
9 Concrete Curb and Gutter (Type F LF
Curb)
10 Concrete Curb /6" Edaer) LF
11 Concrete Curb /12" Ed~er) LF
12 Concrete Curb Transition LF
13 Concrete 2' Vallev Gutter LF
14 Concrete Landing wfTactile Surface SY
15 Pavement Marking and Signage LS
Relocation
16 Adiust Valve Box to Grade EA
17 Adjust Manholes & Inlets to Grade EA
18.1 Li~htino Pole Complete /Sinole) EA
18.2 NW 1st St Poles (single) EA
19.1 Liohtino Pole Complete (Double) EA
19.2 NW 1st St Poles (double) EA
20 Directional Bore 2-2" Conduit (PVC LF
Sch. 40), include wire
21 Directional Bore 1-2" Conduit (PVC LF
Sch. 40), include wire
22 Directional Bore 1-1 1/2" Conduit LF
PVC Sch. 40), include wire
23 Trench 1-2' Conduit (PVC Sch. 40), LF
include wire
24 Trench 1-1 1/2' Conduit (PVC Sch. LF
401, include wire
25 Electric Service Stations Complete EA
26 Additional Pull Boxes (not included in EA
Items 18, 19, and 25)
27 FPL Service Station Pull Boxes EA
28 Proiect Identification Sion EA
29 Video Allowance LS
30 Concrete Sidewalk Allowance (4" LS
Thick)
31 Landscaoina Allowance LS
32 FP&L Allowance LS
33 Replace PBC Traffic Signal Loops LS
Allowance
34 Indemnification LS
TotalItems 1-34
AL TERNA TE BID ITEMS
IA Directional Bore 1.2" Conduit (PVC Sch. LF
40), include Dull line
2A Trench 1-2" Conduit (PVC Sch. 40), LF
include Dull line
3A PBC Pull Boxes EA
Total Items lA - 3A
TOTAL ORIGINAL CONTRACT AWARD
Chaz Schedule A 2GC 010207 .xls
CONTRACT AWARD
EST. UNIT EXTENDED
QUANT PRICE TOTAL PRICE
I $25,000.00 $25,000.00
I $15,000.00 $15,000.00
I $75,000.00 $75,000.00
I $2,000.00 $2,000.00
50 $200.00 $10,000.00
2,340 $56.00 $131,040.00
742 $71.00 $52,682.00
23 $71.00 $1,633.00
235 $30.00 $7,050.00
260 $30.00 $7,800.00
5,540 $13.00 $72,020.00
1,580 $25.00 $39,500.00
70 $30.00 $2,100.00
15 $30.00 $450.00
40 $425.00 $17,000.00
I $3,000.00 $3,000.00
9 $125.00 $1,125.00
3 $650.00 $1,950.00
42 $4,100.00 $172,200.00
2 $4,100.00 $8,200.00
12 $5,750.00 $69,000.00
I $5,750.00 $5,750.00
6,080 $24.00 $145,920.00
1,600 $23.00 $36,800.00
1,425 $20.00 $28,500.00
1,600 $19.00 $30,400.00
1,500 $17.00 $25,500.00
2 $13,225.00 $26,450.00
7 $350.00 $2,450.00
2 $1,150.00 $2,300.00
1 $750.00 $750.00
1 $750.00 $750.00
1 $10,000.00 $10,000.00
1 $5,000.00 $5,000.00
1 $10,000.00 $10,000.00
1 $30,000.00 $30,000.00
1 $10.00 $10.00
$1,074,330.00
2,600 $21.00 $54,600.00
1,500 $15.00 $22,500.00
8 $350.00 $2,800.00
$79,900.00
51.154.230.00 I
Page I of3
CONTRACT TO DATE
ACTUAL UNIT EXTENDED
QUANT. PRICE TOTAL PRICE
1 $25,000.00 $25,000.00
I $15,000.00 $15,000.00
1 $75,000.00 $75,000.00
I $2,000.00 $2,000.00
102 $200.00 $20,400.00
1,933 $56.00 $108,248.00
1,135 $71.00 $80,585.00
175 $71.00 $12,425.00
0 $30.00 $0.00
899 $30.00 $26,970.00
4,730 $13.00 $61,490.00
1,905 $25.00 $47,625.00
35 $30.00 $1,050.00
28 $30.00 $840.00
36 $425.00 $15,300.00
I $3,000.00 $3,000.00
9 $125.00 $1,125.00
3 $650.00 $1,950.00
40 $4,100.00 $164,000.00
2 $4,100.00 $8,200.00
11 $5,750.00 $63,250.00
I $5,750.00 $5,750.00
6,238 $24.00 $149,712.00
1,407 $23.00 $32,361.00
1,398 $20.00 $27,960.00
1,247 $19.00 $23,693.00
1,548 $17.00 $26,316.00
2 $ 13,225.00 $26,450.00
7 $350.00 $2,450.00
0 $1,150.00 $0.00
1 $750.00 $750.00
1 $750.00 $750.00
1 $10,000.00 $10,000.00
1 $5,000.00 $5,000.00
0 $10,000.00 $0.00
0.50 $30,000.00 $15,000.00
1 $10.00 $10.00
51,059,660.00
2,500 $21.00 $52,500.00
0 $15.00 $0.00
0 $350.00 $0.00
$52,500.00
51,112,160.00
QUANT.
ADJ(+I-)
$0.00
$0.00
$0.00
$0.00
$10,400.00
($22,792.00)
$27,903.00
$10,792.00
($7,050.00)
$19,170.00
($10,530.00)
$8,125.00
($1,050.00)
$390.00
($1,700.00)
$0.00
$0.00
$0.00
($8,200.00)
$0.00
($5,750.00)
$0.00
$3,792.00
($4,439.00)
($540.00)
($6,707.00)
$816.00
$0.00
$0.00
($2,300.00
$0.00
$0.00
$0.00
$0.00
($10,000.00)
($15,000.00)
$0.00
($14,670.00)
($2,100.00)
($22,500.00)
($2,800.00)
($27,400.00)
/542.070.00)
~I ~ EST. ACTUAL
DESCRIPTION QUANT QUANT.
CHANGE ORDER NO.1
[2:] Chlorine Tank Containment at Water I LS [2:] $59,500.00 I 559,500.00 18 $59,500.00 I 559,500.00 II
Treatment Plant
CHANGE ORDER NO.2
14" Fiber Optic conduits I Pull Boxes
LS
S78,423.75 I
578,423.75 I I
CHANGE ORDER NO.3
8EmefJ!mcysewerRq>ai'@521CurlewRoad
I LS 8
S39,250.00 I
539,250.00 I 8 $39,250.00 I
{"HANGE ORDER NO.4 (Old School S uare Utili'" Relocate.'
I Mobilization MOT Clearing & Grubbing LS I 58,099.50 $8,099.50
2 Performance Bond LS I $4,000.00 $4,000.00
3 Remove existing 12" RCP & Catch Basin LS I $2,000.00 $2,000.00
4 Remove 8" sanitarv sewer LF 465 $6.00 $2,790.00
5 Remove 4" water main LF 445 $5.00 $2,225.00
6 Remove Sanitarv sewer manholes EA 1 $1,500.00 $1,500.00
7 Remove existine ASDhalt SY 1,200 $3.00 $3,600.00
8 Remove existine F curb and llUtter LF 75 $10.00 $750.00
9 Staking and Layout I As-Built Drawings LS 1 $5,000.00 $5,000.00
10 3" PVC Force Main (0-6) LF 173 $30.00 $5,190.00
II 8" PVC SanitarY Sewer Main (0-6) LF 476 $35.00 $16,660.00
12 8" PVC SanitarY Sewer Main (6-8) LF 131 $50.00 $6,550.00
13 Manhole (0-6 EA 2 $4,500.00 $9,000.00
14 Manhole (6-8 EA 1 $5,500.00 $5,500.00
15 MOPS Lift Station EA 1 $109,000.00 $109,000.00
16 Lift Station Electrical Allowance LS I $2,000.00 $2,000.00
17 Test & Startun LS I $4,000.00 $4,000.00
18 6" PVC Service Inc1udine Cleanout EA I $1,750.00 $1,750.00
19 6" DIP Service Includine Cleanout EA I $2,100.00 $2,100.00
20 Catch Basin EA 2 $4,500.00 $9,000.00
21 24" HOPE LF 58 $50.00 $2,900.00
22 12" HOPE Solid LF 12 $100.00 $1,200.00
23 12" HOPE Exfiltration Trench LF 188 $75.00 $14,100.00
24 Future Irrigation Service (1" Poly LS I $2,450.00 $2,450.00
Service)
25 Fire Hvdrant Assemblv LS I $6,755.00 $6,755.00
26 Future Potable Service (2 1/2" Sch40.) LS I $2,625.00 $2,625.00
27 Future Fire Service LS I $4,700.00 $4,700.00
Asphalt Restoration including 12"
28 compacted subgrade, 10" crushed LF 900 $46.67 $42,003.00
concrete base & 1-1/2' Type S-1 Asphalt
Patch
NewT emporary driveway including
removal of sod & sidewalk, cut to grade
29 (-8") 12" of compacted sub-grade, 10" SY 160 $90.00 $14,400.00
crushed concrete base & 1-1/2" Type S-
1II aSDhalt
30 Concrete Sidewalk SY 20 $65.00 $1,300.00
31 Tvne "F" Curb & Gutter LF 75 $40.00 $3,000.00
32 Remove and replace Davers SY 50 $30.00 $1,500.00
33 Floratam Sod SY 200 $10.00 $2,000.00
34 Landscane Ilmeation AUowance LS 1 $2,500.00 $2,500.00
35 Undefmed Utilitv Allowance LS I $10,000.00 $10,000.00
36 V ideo Allowance LS I $1,000.00 $1,000.00
TOTAL CHANGE ORDER NO.4 5313,147.50
CHANGE ORDER NO.5
Furnish and Install Tnemec paint to
chlorine storage secondary containment
enclosure
SO.OO I
$78,423.75 I
578,423,75 I I
$0.00 I
539,250.00 II
$0.00 I
I $8,099.50 $8,099.50
I $4,000.00 $4,000.00
1 $2,000.00 $2,000.00
544 $6.00 $3,264.00
456 $5.00 $2,280.00
3 $1,500.00 $4,500.00
1,250 $3.00 $3,750.00
127 $10.00 $1,270.00
1 $5,000.00 $5,000.00
173 $30.00 $5,190.00
532 $35.00 $18,620.00
45 $50.00 $2.250.00
2 $4,500.00 $9,000.00
1 $5,500.00 $5,500.00
I $109,000.00 $109,000.00
I $2,000.00 $2,000.00
I $4,000.00 $4,000.00
4 $1,750.00 $7,000.00
1 $2,100.00 $2,100.00
2 $4,500.00 $9,000.00
58 $50.00 $2,900.00
0 $100.00 $0.00
0 $75.00 $0.00
1 $2,450.00 $2,450.00
6,755 $1.00 $6,755.00
I $2,625.00 $2,625.00
1 $4,700.00 $4,700.00
855 $46.67 $39,902.85
106 $90.00 $9,540.00
30 $65.00 $1,917.50
129 $40.00 55,160.00
125 $30.00 53,750.00
446 $10.00 $4,460.00
0 $2,500.00 $0.00
I $10,000.00 $6,300.00
I 51,000.00 $1,000.00
$0.00
$0.00
$0.00
$474.00
555.00
$3,000.00
5150.00
5520.00
$0.00
$0.00
$1,960.00
($4,300.00)
$0.00
$0.00
$0.00
$0.00
$0.00
$5,250.00
$0.00
$0.00
$0.00
($1,200.00)
($14,100.00)
$0.00
$0.00
$0.00
50.00
($2,100.15)
($4,860.00)
$617.50
$2,160.00
$2,250.00
$2,460.00
($2,500.00)
($3,700.00)
$0.00
5299,283.85
($13.863.65)
$9,800.60 I G
LS
D $9,800.60 I
$9,800.60 I CI $9,800.60 I
TOTAL CHANGE ORDERS NO.I- 5
5500,121.85
Chaz Schedule A 2GC 0 I 0207 .xls
Page 2 00
5486,258.20
($13,863.65)
bJ
~
DESCRIPTION
CONTRACT AWARD
EST. I UNIT I EXTENDED
QUANT PRICE TOTAL PRICE
51,654,351.85
TOTAL CONTRACT AWARD AND PREVIOUSLY
APPROVED CHANGE ORDERS NO.1 - 5
CHANGE ORDER NO 6/ FINAL
Replaces Item 2.A as a result of Palm
2.A.1 Beach County providing materials for this LF
item; Trench 1-2" Conduit (PVC
Schedule 40), pull line
Corrected Line Item for the replacement
Item 3.A as a result of Palm Beach
3.A.2 County providing materials for this item EA
PBC Pull Boxes (material FOB jobsite by
PBC)
PBC should have delivered the materials
but did not; conduit and pull boxes picke<
2.A.23a. up by Chaz at PB County Warehouse in LS
West Palm Beach and delivered/omoadec
at job)
Contract did not include item for the
4.a removal of 81t water main; Removed 8" LF
DIP water main
Additional costs associated with the ass
16a Utility Relocates. At the time of the bid, LS
it was not known where the pole was to
be located; the allowance was estimated.
Replaces Item 22; bid called for 12";
22a contract plans called for 18"; 18" HDPE LF
solid
Replaces Item 23; bid called for 12";
23a contract plans called for 18"; 18" HDPE LF
Exftltration trench
Corrected Line Item for the Trench
28b restoration including 12" compacted LF
subgrade, 10" crushed concrete base & I
112' Type s-I Asphalt Patch
SUB-TOTAL CHANGE ORDER NO. 6JFINAL
Plus Quantities Adjustments (listed above)
TOTAL CHANGE ORDER NO. 6/ FINAL
2,281 $9.10 $20,757.10
21 $275.00 $5,775.00
I $410.00 $410.00
21 $6.00 $126.00
I $6,872.45 $6,872.45
20 $125.00 $2,500.00
188 $95.74 $18,000.00
222 $35.00 $7,770.00
562,210.55
($55,933.65)
$6,276.90
FINAL CONTRACT TO DATE
Change Order No. 6/ Final
$1,154,230.00
$500,121.85
$1,654,351.85
$1,660,628.75
$6,276.90
Original Contract Award
Previously Approved Changes
Total Award/Approved to Date
Final Contract to Date
Chaz Schedule A 2GC 010207.xls
Page 3 of3
ACTUAL
QUANT.
51,598,418.20
(555.933.65)
2,281 $9.10 $20,757.10
21 $275.00 $5,775.00
I $410.00 $410.00
21 $6.00 $126.00
I $6,872.45 $6,872.45
20 $125.00 $2,500.00
188 $95.74 $18,000.00
222 $35.00 $7,770.00
562,210.55
51.660,628.75
CITY OF DELRAY BEACH
CONTRACTOR'S PROJECT PERFORMANCE REPORT
PERFORMANCE
RATING
Above Satisfactory
4.28
PROJECT (s): Swinton Avenue Beautification (PIN 2001-054)
DATE: December 1, 2006
Chaz Equipment Company. Inc.
(Contractor Name)
(City, State, Zip)
New Construction
(Type of Work)
.$1.154.230.00
($ Amount)
3380 Fairlane Farms Road. Unit 16
(Mailing Address)
Wellinoton. Florida 33414
GRADING INSTRUCTIONS
This report contains two sections, SECTION I, "MANAGEMENT AND ORGANIZATION OF
THE WORK", and SECTION II, "WORK PERFORMANCE".
Contained in each SECTION listed under Topic Statements (A., B., C., etc.), are Items, (1.,
2.,3., etc.), to be graded by the Proiect Enoineer as follows:
1 - Unsatisfactory
2 - Marginal
3 - Satisfactory
4 - Above Satisfactory
5 - Excellent
The overall average of both these sections is listed above as the Performance Rating
Average based on the 1-5 scale above.
Section I Score 60.00 /14 = 4.28 Points
Section II Score 137.00 / 32 = 4.28 Points
Overall Score 197.00 I 46 = 4.28 Points
S:\EngAdrnin\Projects\2001\2001-054\OFFICIAL\Chaz Cntrctr Eval GC 121206.doc
SECTION I
MANAGEMENT AND ORGANIZATION OF THE WORK
A. Effectiveness of supervision in scheduling the work, organizing construction
operations and providing quality control.
1.
2.
3.
4.
5.
6.
B.
Preconstruction Conference preparation and presentation. 4.0
Adequacy in maintaining their proposed work schedule and preventing delays of stoppages in
particular phases or overall project completion. 4.5
Coordination and supervision of subcontractors to insure quality control and contract
compliance. 4.5
Knowledge of supervisory personnel regarding specifications, plans and special provisions 4.5
Supervision of work crews. 4.5
Preparation of shop drawings and submittals. 4.5
Negotiation of Contract modifications, project record-keeping and project
documentation.
1. Organization and completeness of data submitted for potential claims, extra work and time
extensions. 4.0
2. Organization and availability of project records. 4.0
3. Furnishing of required certifications of materials, delivery tickets and invoices. 4.5
C. Working relationship with City personnel responsible for administration of the
Contract requirements and inspection of the work.
1. Notifying the City of problems before the work is continued. 4.0
2. Effecting changes within the scope of the Contract as instructed by the City. 4.5
3. Informing City Construction Management personnel in advance of scheduled day to day items
of work. 4.0
4. Responding to correspondence from the City. 4.5
5. Properly notifying the City in advance of job changes and shut-down for Holidays, adverse
weather, leaving the job or other circumstances. 4.0
SECTION I TOTAL
(~)
S:\EngAdmin\ProjectsI200 11200 1-054\OFFICIAL\Chaz Cntrctr Eval GC 121206.doc
SECTION II
WORK PERFORMANCE
A. Prosecution of the Work.
1. Effort to complete the work within Contract time plus authorized extensions.
4.5
2. Punctuality in starting the work and completing critical intermediate phases.
4.0
3. Effort in performing work on all production items available throughout the project.
4.5
4. Manpower commitment in perform the work.
4.5
5. Knowledge and competency of work force in performance of assigned job duties.
4.5
6. Accuracy and dependability survey layout.
4.0
7. Cooperation in performance of work with local citizens, (dust control, accessibility,
restoration ).
4.0
8. Availability of project superintendent.
4.5
B. Work effort and product quality control.
1. Quality of work completed.
4.5
2. Allowance of sufficient time for job site sampling and testing of materials before
proceeding with the work.
4.5
3. Effort to provide and maintain adequate survey station markers and grades.
4.0
4. Pre-planning on complicated work to assure a smooth operations.
4.0
5. Quality of the work with normal inspection.
4.0
C. Scheduling and controlling of construction activities to minimize the impact on
traffic through the construction zone, access to adjacent property and protection
of the general public.
1. Maintenance and lighting of approach warning signs and barricades both day and night.
4.0
4.0
2. Adequacy of traffic flagman, including training and equipment.
3. Response time in correcting jobsite conditions hazardous to the general public.
4.5
4. Signing, (informational, special detour, lane closure, etc.), including required
striping and maintenance.
4.0
5. Protecting and maintaining required access to adjacent property including use and
maintenance of erosion control devices.
4.5
6. Securing project at the end of each workday, weekends and holidays.
4.0
S:\EngAdmin\Projects\200 1\200 1-054\OFFICIAL\Chaz Cntrctr Eva) GC 121206.doc
D. Sufficiency of appropriate equipment to prevent downtime and provide safe
production of a quality product.
1. Availability of sufficient equipment for performance of the work. 4.5
2. Service and repair of equipment to insure a quality product. nla
3. Use of proper equipment on designated work. 4.5
4. Operator performance on equipment being utilized. 4.5
5. Utilization of trained and competent personnel for all equipment. 4.5
E. Compliance with E.E.O., labor, training and on-site safety.
1. Maintenance of the worksite in a safe and clean condition.
4.5
2. Employees adherence to Contractors safety policy and City safety requirements.
4.0
3. Furnishing a certified payrolls both for contractor and his subcontractors as required.
4.0
F. Interface with utility companies in adjusting, relocating or install facilities
concurrent with construction.
1. Providing required notice to the City regarding planned operations affected by utilities.
4.5
2. Coordination with utility companies in protection of existing facilities.
4.0
3. Effort to work with utility companies as necessary in correcting unforeseen problems.
4.0
G. Final completion of the project.
1. Effort in expediting project clean-up.
4.5
2. Effort in minimizing punch list items.
4.5
3. Submission of all final paperwork and documentation.
4.5
SECTION " TOTAL
(
137 )
PROJECT MANAGERS REMARKS SUPPORTING GRADES
Submitted:
I;). {2.D/'
Date
S:\EngAdmin\Projects\200 1 \200 1-054\OFFICIAL\Chaz Cntrctr Eva! GC 121206.doc
Agenda Item NO.:~. r-
AGENDA REQUEST
Date: December 18, 2006
Request to be placed on:
~ Consent Agenda
Regular Agenda
Special Agenda
Workshop Agenda
WHEN: JANUARY 2. 2007 Commission Meeting
Description of item (who, what, where, how much):
This item is before the Commission to approve Change Order No. 6/Final (Contract Closeout) in the amount of
$6,276.90 and final payment in the amount of $51,787.76 to Chaz Equipment Company, Inc. for completion of
the Swinton Avenue Beautification Project.
The change order includes plus and minus quantity adjustments; and additional services required to complete
Project #2001-054. All changes for the project are itemized on the attached Schedule "A". The project is
complete and all closeout documentation has been received.
ORDINANCE/RESOLUTION REQUIRED: NO
Recommendation: Staff recommends approval of Change Order No. 6/Final (Contract Closeout) in the amount
of $6,276.90 and final payment in the amount of $51 ,787.76 to Chaz Equipment Company, Inc. for completion of
the Swinton Avenue Be . Ication Project.
Department Head
Signature:
1, - (8-- ob
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available @ t.A.7l-
Funding alternatives N/A (if applicable)
Account No. & Description:
119-4151-572-60.69 Beautification Fund/Capital Outlav/lmprovements-Other
448-5461-538-63.90 Storm Water Utility Fund/Other Improvements
City Manager Review: fj)
Approve~ for agenda: , E /NO
Hold Until:
~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdminlProjects\2001 \2001-05410FF1CIALIChaz co 6 Final Agnd Req GC O10207.doc
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER~
AGENDA ITEM ~ ~ . ~ - REGULAR MEETING OF JANUARY 2.2007
CHANGE ORDER NO.l/(CONTRACT ADDITION)/ROSSO PAVING &
DRAINAGE, INC.
TO:
SUBJECT:
DATE:
DECEMBER 28, 2006
1bis is before Commission to approve Change Order No. 1/ (Contract Addition) in the amount of
$34,815.00 to Rosso Paving & Drainage, Inc. for additional work required for the parallel parking
spaces on Coral Trace Boulevard, and a contract extension of thirty-five (35) days to the Eagle Park
Project.
Funding is available from
Improvements/Neighborhood Parks).
380-4150-572-63.23
(2004
G.O.
Bond/Other
Recommend approval of Change Order No. l/(Contract Addition) in the amount of $34,815.00 to
Rosso Paving & Drainage, Inc. for additional work required for the parallel parking spaces on Coral
Trace Boulevard, and a contract extension of thirty-five (35) days to the Eagle Park Project.
S:\City Clerk\AGENDA COVER MEMOS\Contmct Addition\CO 1 CA Rosso Paving & Drainage Inc Eagle Park Project 1228.06.doc
MEMORANDUM
TO:
FROM:
David T. Harden, City Manager
Richard C. Hasko, Environmeotal SeMce, Director ~
Carolanne Kucmerowski, Construction Management Technician @)
THRU:
SUBJECT:
AGENDA ITEM - CITY COMMISSION MEETING OF JANUARY 2,2007
CHANGE ORDER NO.1 (CONTRACT ADDITION)/ROSSO PAVING &
DRAINAGE, INC./EAGLE PARK PROJECT
DATE:
December 14, 2006
This item is before the Commission to approve Change Order No.1 (Contract Addition) in the
amount of $34,815.00 to Rosso Paving & Drainage, Inc. for additional work required for the parallel
parking spaces on Coral Trace Boulevard, and a contract extension of thirty-five (35) days to the
Eagle Park Project.
The plans called for 8' wide parking spaces but, during construction it was determined that it was
not possible to widen 8' and keep the existing sidewalk. In order to meet the width dimensions
required for parallel parking, the existing sidewalk has to be removed and relocated.
Change Order No.1 includes sidewalk removal, sidewalk relocation, and additional earthwork; as
well as asphalt pavement widening. The contractor is requesting an additional thirty-five (35) days
to complete the additional work.
The attached Schedule "A" to Change Order No.1 details all additional costs associated with this
change order for Project #2004-050.1.
Funding is available from 380-4150-572-63.23 (2004 G.O. Bond/Other Improvements/
Neighborhood Parks).
Staff recommends approval of Change Order No. 1 (Contract Addition) in the amount of
$34,815.00 to Rosso Paving & Drainage, Inc. for additional work required for the parallel parking
spaces on Coral Trace Boulevard, and a contract extension of thirty-five (35) days to the Eagle Park
Project.
cc: Richard Hasko; Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero; Dep. Director of Construction, ESD
Agenda File 01/02/07
File 2004-050.1 (A)
S:\EngAdminIProjects\2004\2004-050.1\OFFICIALlRosso co 1 Agd Mem GC OI0207.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
PROJECT TITLE:
1 /(Contract Addition)
Eagle Park
PROJECT NO. 2004-050.1
DATE:
TO CONTRACTOR: Rosso Paving & Drainage, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
mSTIFICATION:
Additional work required to increase the width of the parallel parking spaces on Coral Trace Boulevard; per the attached
Schedule "A"; and a contract extension of thirty-five (35) days to complete the work.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADmSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADmSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER +8.90%
TOTAL PER CENT INCREASE TO DATE +8.90 %
TOTAL CONTRACT TIME WILL BE INCREASED BY 35 DAYS.
$390,972.20
.00
$390,972.20
$34.815.00
$425,787.20
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.
Rosso Paving & Drainage, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account: 380-4150-572-63.23 ($34,815.00)
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
ATTEST:
By:
APPROVED:
City Attorney
City Clerk
S:\EngAdminlProjectsl2004I2004-050.1\OFFICIALlRosso co 1 GC OI0207.doc
NDV-16-2006 09:40A FRoM:RoSSo PAVING & DRAIN 561-688-0118
TO: 15612437314
P.2
cS~~~A9
ROSSO PAVING & DRAINAGE~ INC.
350 Martin Lallie
West Palm Beaeh, FL 33413
(561 )688-0288
Fax (561)688-0118
November 16, 2006
City of Del ray Beach
100N.W. 1st Avenue
Bldg. Dept.
Delray Beach, FL 33444
Attn: Mr. Rafael BalJestero
RE: Eagle Park
~GE ORDER ## 1
We respectfully request the following change order. The work consists of:
1. MOT and Survey $ 800.00
2. Furnish & place type 'P' curb 400 LF @ $ 37.00 $ 14.800.00
3. Demo existing sidewalk $ 4,000.00
4. Constroct 4" thick sidewalk 5' wide - 44S LF @ $27.00 $ 12,015.00
5. Removal of trees S 3,200.00
TOTAL: S 34,815.00
Contract time will increase _35_ days as of this date. If acceptance takes
longer, additional days will need to be added for length of acceptance time.
'... Respectfully,
" \. (-'
" ~~)~\:z{.--,-__p
~~t
Agenda Item NO.:~. ()
AGENDA REQUEST
DATE: December 14, 2006
Request to be placed on:
--1l- Consent Agenda
Regular Agenda
Special Agenda
Workshop Agenda
WHEN: JANUARY 2. 2007 Commission Meeting
Description of item (who, what, where, how much):
Change Order NO.1 (Contract Addition) in the amount of $34,815.00 to Rosso Paving & Drainage, Inc. for additional
work required for the parallel parking spaces on Coral Trace Boulevard, and a contract extension of thirty-five (35)
days to the Eagle Park Project.
The plans called for 8' wide parking spaces but, during construction it was determined that it was not possible to
widen 8' and keep the existing sidewalk. In order to meet the width dimensions required for parallel parking, the
existing sidewalk has to be removed and relocated.
Change Order No. 1 includes sidewalk removal, sidewalk relocation, and additional earthwork; as well as asphalt
pavement widening. The contractor is requesting an additional thirty-five (35) days to complete the additional work.
The attached Schedule "A" to Change Order NO.1 details all additional costs associated with this change order for
Project #2004-050.1.
ORDINANCE/RESOLUTION REQUIRED: NO
Recommendation:
Staff recommends approval of Change Order No. 1 (Contract Addition) in the amount of $34,815.00 to Rosso
Paving & Drainage, Inc. for additional work required for the parallel parking spaces on Coral Trace Boulevard, and a
contract extension of thi -five (35) days to the Eagle Park Project.
Department Head
Signature:
Iz..' ...cJj,
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available ~Lht.
Funding alternativ~ (if applicable)
Account No. & Description:
380-4150-572-63.23
2004 G.O. Bond/Other Improvements/Neiahborhood Parks
City Manager Review: ~, z?Y1
Approved for agenda: ~'10
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:IEngAdminlProjects\2004\2004-050.110FFICIALlRosso co 1 Agd Reg GC 010207.OOc
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~
AGENDA ITEM # C6. H - REGULAR MEETING OF JANUARY 2.2007
CHANGE ORDER NO. 3/FINAL (CONTRACT CLOSEOUT)/WEST
CONSTRUCTION, INC.
TO:
FROM:
DATE:
DECEMBER 28, 2006
This is before Commission to approve Change Order No. 3/Final (Contract Closeout) in the
amount of a $33,167.70 decrease and final payment in the amount of $42,834.38 to West
Construction, Inc. for completion of the Mike Machek Boy Scout Hut Park Project.
Funding is available from 380-4150-572-63.25 (2004 G.O. Bond Fund/Boy Scout Hut Project).
Recommend approval of Change Order No. 3/Final (Contract Closeout) in the amount of a
$33,167.70 decrease and final payment in the amount of $42,834.38 to West Construction, Inc. for
completion of the Mike Machek Boy Scout Hut Park Project.
S:\City Clerk\AGENDA COVER MEMOS\Contraet Closeout\CO 3 CC West Construction Ine MM Boy Scout Hut Park Project Ol.0207.doc
MEMORANDUM
SUBJECT:
David T. Harden, City Manager
Richard C. Hasko, Envttonmental Services Director ~
Carolanne Kucmerowski, Constructioo Management TeChnicra@
AGENDA ITEM - CITY COMMISSION MEETING OF JANUARY 2, 2007
CHANGE ORDER NO. 3/FINAL (CONTRACT CLOSEOUT)/WEST
CONSTRUCTION, INC.
TO:
THRU:
FROM:
DATE:
December 20, 2006
This item is before the Commission to approve Change Order No. 3/Final (Contract Closeout) in the
net deduct amount of (-$33,167.70) and final payment in the amount of $42,834.38 to West
Construction, Inc. for completion of the Mike Machek Boy Scout Hut Park Project.
The change order includes plus and minus quantity adjustments and liquidates the residual from
contingency allowances. All changes for Project #2004-053 are itemized on the attached Schedule "A".
The project is complete and all closeout documentation has been received. Residual funds to be
liquidated from Purchase Order #631546 to funding account 380-4150-572-63.25 (2004 G.O. Bond/
Boy Scout Hut Park).
Staff recommends approval of Change Order No. 3/Final (Contract Closeout) in the net deduct
amount of (-$33,167.70) and final payment in the amount of $42,834.38 to West Construction, Inc. for
completion of the Mike Machek Boy Scout Hut Park Project.
cc: Richard Hasko; Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero; Dep. Director of Construction, ESD
Agenda File 01/02/07
File 2004-053 (A)
S:\EngAdmin\Project.\2004\2004-05310FFlCIALIWest co 3 Fioa1 Agd Mem GC 010207.000
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
PROJECT TITLE:
3 / Final
PROJECT NO. 2004-053
DATE:
Mike Machek Boy Scout Hut Park
TO CONTRACTOR: West Construction, 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:
Complete changes to project per the attached Schedule "An.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT DECREASE THIS CHANGE ORDER -10.18%
TOTAL PER CENT INCREASE TO DATE +34.87 %
$325,604.50
$146.707.00
$472,311.50
($33.167.70)
$439,143.80
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.
West Construction, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account:
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:\EngAdminlProjectsl2004I2004-05310FFlCIALIWest co 3 Final GC O10207.doc
SCHEDULE "An
TO CHANGE ORDER NO.3 I FINAL
WEST CONSTRUCTION, INC.
MIKE MACHEK BOY SCOUT HUT PARK
PROJECT NO. 2004-053
CONTRACT AWARD
EST. UNIT EXTENDED
ITEM DESCRIPTION UNIT QTY PRICE PRICE
1 Mobilization LS 1 $26.300.00 $26.300.00
2 Maintenance of Traffic LS 1 $2.000.00 $2.000.00
3 Clearing and Grubbing LS 1 $3.250.00 $3.250.00
4 Site Grading LS 1 $9.100.00 $9.100.00
5 Asphalt Concrete Path ( 1" ) SY 1.500 $26.00 $39,000.00
6 Concrete Sidewalk Construction SF 600 $5.85 $3.510.00
7 Miscellaneous Concrete SF 300 $6.00 $1.800.00
8 5' Ornament Fence LF 0 $39.00 $0.00
9 Vitacourse LS 1 $10,842.00 $10.842.00
10 Security Gate LS 0 $5.746.00 $0.00
11 Water Fountain with Drain LS 1 $6,000.00 $6.000.00
12 Bike Rack LS 1 $1.000.00 $1.000.00
13 Pressure Clean & Paint Scout Hut & Pump LS 0 $6.000.00
House $0.00
14 Pavement Markings & Signage LS 0 $693.00 $0.00
15 Concrete Wheel Stops EA 0 $34.00 $0.00
16 Park Sign EA 0 $7.000.00 $0.00
17 Picnic Shelter EA 0 $30.000.00 $0.00
18 Barb-b-que Grills EA 2 $380.00 $760.00
19 Trash Receptacles EA 2 $960.00 $1,920.00
20 Restroom Facility LS 1 $90.000.00 $90.000.00
21 Seal Coat Parking Lot LS 0 $17.180.00 $0.00
22 18" Corrugated Aluminum Pipe LF 0 $75.00 $0.00
23 Site Electrical Improvements LS 1 $23,544.30 $23.544.30
24 Sewer Service For New Building LS 1 $4.160.00 $4.160.00
25 2' Potable Water Service For Irrigation LS 1 $2.200.00 $2.200.00
26 l' Potable Water Service for New Building LS 1 $6.110.00 $6.110.00
27 Mahogany EA 7 $390.00 $2,730.00
28 Gumbo Limbo EA 7 $390.00 $2.730.00
29 Crape Myrtle EA 3 $199.00 $597.00
30 Sabal Palmetto EA 24 $156.00 $3.744.00
31 Crinum Lilly EA 3 $59.00 $177.00
32 Cocoplum EA 121 $10.40 $1.258.40
33 Plumbago Imperial Blue EA 196 $10.40 $2.038.40
34 Sand Cord EA 264 $10.40 $2.745.60
35 Dwarf Fakahatchee EA 212 $10.40 $2.204.80
36 Indian Hawthorn EA 144 $10.40 $1,497.60
37 Sod- SI. Augustine SF 0 $0.32 $0.00
38 Satin Leaf EA 16 $390.00 $6.240.00
39 Royal Poinciana EA 4 $481.00 $1.924.00
40 Live Oak EA 14 $601.00 $8,414.00
41 Firebush EA 89 $9.60 $854.40
CONTRACT TO DATE
ACTUAL UNIT EXTENDED
QUANT. PRICE PRICE
1 $26.300.00 $26.300.00
1 $2.000.00 $2.000.00
1 $3.250.00 $3.250.00
1 $9.100.00 $9.100.00
1.240 $26.00 $32,240.00
600 $5.85 $3.510.00
300 $6.00 $1.800.00
0 $39.00 $0.00
1 $10.842.00 $10.842.00
0 $5.746.00 $0.00
1 $6.000.00 $6.000.00
1 $1.000.00 $1.000.00
0 $6.000.00 $0.00
0 $693.00 $0.00
0 $34.00 $0.00
0 $7.000.00 $0.00
0 $30.000.00 $0.00
2 $380.00 $760.00
2 $960.00 $1.920.00
1 $90.000.00 $90.000.00
0 $17.180.00 $0.00
0 $75.00 $0.00
1 $23.544.30 $23.544.30
1 $4.160.00 $4.160.00
1 $2.200.00 $2.200.00
1 $6.110.00 $6.110.00
7 $390.00 $2.730.00
7 $390.00 $2.730.00
3 $199.00 $597.00
24 $156.00 $3.744.00
3 $59.00 $177.00
101 $10.40 $1.050.40
155 $10.40 $1.612.00
264 $10.40 $2.745.60
212 $10.40 $2.204.80
144 $10.40 $1,497.60
0 $0.32 $0.00
16 $390.00 $6.240.00
4 $481.00 $1.924.00
14 $601.00 $8,414.00
107 $9.60 $1.027.20
QUANTITIES
ADJ. ( + I . )
$0.00
$0.00
$0.00
$0.00
($6.760.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
($208.00
($426.40
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$172.80
CONTRACT AWARD
EST. UNIT EXTENDED
ITEM DESCRIPTION UNIT QTY PRICE PRICE
42 Irrigation Improvements LS 1 $41,943.00 $41,943.00
43 Allowance LS 1 $15,000.00 $15,000.00
44 Indemnification LS 1 $10.00 $10.00
TOTAL ORIGINAL CONTRACT AWARD $325,604.50
ITEM CHANGE ORDER NO.1 Items original lay removed due to budget constraints then added back aft
1 5' Ornamental Fence LS 1 $12,675.00 $12,675.00
2 Security Gate LS 1 $7,469.00 $7,469.00
3 Pressure CleanlPaint Bldg. LS 1 $6,000.00 $6,000.00
4 Pavement Markings and Signage LS 1 $693.00 $693.00
5 Concrete Wheel Stops LS 1 $340.00 $340.00
6 Picnic Shelter LS 1 $31,000.00 $31,000.00
7 Seal Coat Parkina Lot LS 1 $17,180.00 $17,180.00
TOTAL CHANGE ORDER NO.1 $75,357.00
ITEM CHANGE ORDER NO.2 Items orlginallay removed due to budget constrairrts then added back 8
1 Sod SF I 95,000 I $0.32 $30,400.00
2 Concrete Sidewalk Construction SF I 7,0001 $5.85 $40,950.00
TOTAL CHANGE ORDER NO.2 $71,350.00
SUB-TOTAL - PREVIOUSLY APPROVED CHANGES
$472,311.50
CHANGE ORDER NO. 3/ FINAL
Credit to the City for Tree .Size. Issue - Trees
were not available at the specified size at the
time the trees were scheduled to be planted; ($1,200.00)
therefore, a smaller tree size was planted and
the City requested a credit for the difference.
Quantities Adjustment (listed above) ($31,967.70)
TOTAL CHANGE ORDER NO. 3/ FINAL ($33,167.70)
FINAL CONTRACT TO DATE
$439,143.80
CONTRACT SUMMARY
ORIGINAL CONTRACT AMOUNT
PREVIOUSLY APPROVED CHANGES
SUB.TOTAL
FINAL CONTRACT TO DATE
$325,604.50
$146,707.00
$472,311.50
$439,143.80
TOTAL CHANGE ORDER NO 3/ FINAL
($33.167.70)1
CONTRACT TO DATE
ACTUAL UNIT EXTENDED
QUANT. PRICE PRICE
1 $41,943.00 $41,943.00
0 $15,000.00 $0.00
1 $10.00 $10.00
$303,382.90
er receipt of Grant
1 $12,675.00 $12,675.00
1 $7,469.00 $7,469.00
1 $6,000.00 $6,000.00
1 $693.00 $693.00
1 $340.00 $340.00
1 $31,000.00 $31,000.00
1 $17,180.00 $17,180.00
$75,357.00
fter funding was obtained
I 95,000 I $0.32 $30,400.00
I 5,334 I $5.85 $31,203.90
$61,603.90
$440,343.80
QUANTITIES
ADJ. ( + f. )
$0.00
($15,000.00)
$0.00
($22,221.60
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
($9,746.1 A'
($9,746.101
($31,967.70)
Agenda Item NO.:~ .H-
AGENDA REQUEST
DATE: December 20,2006
Request to be placed on:
--1L- Consent Agenda
Regular Agenda
Special Agenda
Workshop Agenda
WHEN: JANUARY 2. 2007 Commission Meeting
Description of item (who, what, where, how much):
Change Order No. 3/Final (Contract Closeout) in the net educt amoun of (-$33,167.70) and final
payment in the amount of $42,834.38 to West Construction, Inc. or c mp etion of the Mike Machek Boy
Scout Hut Park Project.
The change order includes plus and minus quantity adjustments and liquidates the residual from
contingency allowances. All changes for Project #2004-053 are itemized on the attached Schedule "A".
The project is complete and all closeout documentation has been received. Residual funds to be
liquidated from Purchase Order #631546 to funding account 380-4150-572-63.25 (2004 G.O. Bond/ Boy
Scout Hut Park).
ORDINANCE/RESOLUTION REQUIRED: NO
Recommendation:
Staff recommends approval of Change Order No. 3/Final (Contract Closeout) in the net deduct amount of
(-$33,167.70) and final payment in the amount of $42,834.38 to West Construction, Inc. for completion of
the Mike Machek Boy Scout Hut Park Project #2004-053.
Department Head n....... D J I /7
Signature: ~-~ 'Z--~-o-b
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (reqU~1I items involving expenditure of funds):
Funding available~ ~
Funding alternatives N/A (if applicable)
Account No. & Description:
380-4150-572-63.25
2004 G.O. Bond Fund/Boy Scout Hut Park
City Manager Review:
Approved for agenda: @NO ~
Hold Until: l/' \
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdminlProjects\2004\2004-053\OFFICIAL\Wesl co 3 Final Agenda Req GC Ol0207.doc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER t711
AGENDA ITEM # 1S. T - REGULAR MEETING OF JANUARY 2.2007
GUARANTEED MAXIMUM PRICE (GMP)/WESTERN/SENIOR
COMMUNITY CENTER/WEITZ COMPANY:
TO:
SUBJECT:
DATE:
DECEMBER 28, 2006
This is before the City Commission to approve the Guaranteed Maximum Price (GMP) in the amount
of $640,957.00 to Weitz Company for the construction of Phase 1 (Site Work) including pond
dredging, underground utilities and site grading for the Western/Senior Community Center Project.
Funding is available from 380-4150-572-62.58 (2004 G.O. Bond/Western Community Center).
Recommend approval of Phase 1 Guaranteed Maximum Price (GMP) in the amount of $640,957.00
to Weitz Company for the required site work associated with the Western/Senior Community Center
Project.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager GMP Western Senior Community Center ProjectOt.0207.doc
MEMORANDUM
FROM:
David T. Harden, City Manager ;:) r /'
Richard C. Hasko, Environmental Services Director ~
Randal L. Krejcarek, P.E., City Engineer R ~
TO:
THRU:
SUBJECT:
AGENDA ITEM - CITY COMMISSION MEETING OF JANUARY 1. 2007.
GMP PHASE 1 WESTERN COMMUNITY CENTER/WEITZ COMPANY
DATE:
December 21,2006
This item is before the Commission to approve the Guaranteed Maximum Price (GMP) for
construction of Phase 1 (Site Work) for the Western Community Center, Project 2004-047. Phase 1
Site Work includes pond dredging, underground utilities and site grading. Detail costs for Phase 1 are
itemized in the proposal submitted by Weitz Company and is attached to this agenda item. The GMP
for Phase 1 is $640,957.00.
All other work to be completed will be included in Phase 2. Phase 2 construction documents are
currendy 50% complete and the 50% estimate is also included in the itemized proposal submitted by
Weitz Company. Phase 2 current estimated cost is $9,728,756.00. This project is split into two phases
in order to begin site preparation work while building plans are in the final stages. This approach also
allows construction (phase 1) to begin in February 2007.
Funding for Phase 1 is available from 380-4150-572-62.58 (2004 G.O. Bond/Western Community
Center).
Staff recommends approval of Phase 1 GMP in the amount of $640,957.00 to Weitz Company for the
required site work associated with the Western Community Center.
cc: Richard Hasko; Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero; Dep. Director of Construction, ESD
Agenda File 11/07/06
File 2004-006 (A)
S:\EngAdmin\Projects\2004\2004-047\OFFICIAL\2007-01-02 Agda memo weitz GMP ph I.doc
~I
~~
~ \.-('
:"I~
.\ <'
s:
:i I i
._......J l
N.W.
~
o
:i:
(J
'E
>.
-"
"0
2
"0
a:
E
C-
o
N
N
I
<0
o
o
N
o
"(
III
V) I
v)/~~
1 !
~/ '
0:/
/
01
1
/
<j /
01 /
u~ /
I~ /:) ~
I / / !"cz4 D ~J
1 / /
I I /
/ /
/ / / /
CITY of DELRA Y BEACH WESTERN COMMUNI TY CENTER
ENVAONMe.JTAL SERVICES DEPARTMENT LOCA T1 ON MAP
434 SOUTH IlWNfa:l AVENUE, DB.RAY lEACH, I"l.ClN)A 33444 2004-047 1 OF 1
c:
:::J
--,
c
2
o
.~
:0
:::J
C-
....
o
'"
"0
Cl
0'
~
"0
a:
<C <.<
('
c
o
U)
'i:
ca
Q.
E
o
o
-
~
ca
E
E
::s
rn
CI)
-
ca
E
+:i
U)
W
~
2
C
a.
:&
20
-u
aa
:0
~O
=~
(
\.
....
'*I:
" Q)
~ Xl
-.c
~Q.....
u::- iIi i'li
1Il .a '0
S2. .l!l Iii
l'll 1Il :g
e .2l 04:
04: l'll
1/1 E
1/1 ;:l
o 1/1
.. w
e"
....
"0
Q)1t)
'Co
Q)'*I:
~~
C ..
:lco
EM
Eo
00
o~
0'*1:
'20
~~
1: ~
.."0
Q)~N
- 0
~~
~g
:-.N
lIS '*I:
..[0
Qic
co
I
I
il '0 I
g>~ ~ I
f ~I ~ ~-~ull
~ '15 ~I ell ~ -
o~~ ~' 0
bl .8 .EI g I .Q I ~ I
~ E ~ c.i 6! 0)1
:EE(I) ~I::OI c:1
t> "C EI ~I,,~: '51
'0 (I) (1)1 ~ Ill' e!
lS III ~ ! c: I I:-!
~ ~ ~ ~1:21 21
Q) 0 ml 0 I .Q)i co I
, c:: , c: :r:1 Z I c:: I $:1
I;;; rei ~ toldil' 1~;1; II~I~I '1~lg ~
I~ ~i $ ~1:;1 j:i:} !ii;;i !21;!~
I , Ii, I! I I I I I
I ,I i ii' 1 I 1 I I I
:~ ~~ ~ ~I~I~~~I~ ~I~:~I~I~II~ ~I~ ~ ~I~ ~
~+- 1---'--+ I . i I I ' "-~
I ,I~ I'- ~lol~I'" 'IOI'<l"IN10 '<I"I01CO 0 0 co ~ 0 ~I
Ivl co to'-- 0)1(0 0>1010 ('l') "'d" LOi-- <0 " NI,....,IO <0
'''l'1 CIC!. ~'I~ "l,"l 10'I'I'-.''<I"'I~:I'-'II'-.'~, 0 CIC!. co.ICll'I~ 1'-.
'~I CO Ol NoN I'- CO ~IOIN Ol OIN -.i ~ 1t)10 Ol '<I"
'~I " (0 C'\I NI" IMr('l') I !LOI(O <0 LO M M "t:tl
.......! V NI"'""I ;NiNI I I I C'\I N1"I:t1__ I
1 I :ii;~~: I ~ I I; I i I I
i: I I" I 1 " 1 I I i
I i I I ! 1 I 'I I' I, :
~ ~ ~,~, ~ ~ ~J~ ~ ~ ~~~:~ ~I~ ~ ~,~I~i~ ~I
CO -~~-d~'I' ';;-1';;+=1 r:T~+ CO, '<I" 0: 0' ~~+-I 0 t=N -~~+I "" I N'~j
'<I" CO Ol ~ '<I" N 010l It) CO Ol'OlI'" "'1'<1" 1t)1~ It),CO'Ol CllI~11'-1
1'-. '<1". 1'-.10>.1 o. ~ICIC!.I"lolt).l~ ~:~'I"< 0'11'-. 1'-.1 C'!.I "<I 1t).1 C'!. Cll.,C\(,CIC!.
LO CO C'\II""'"I ('l") ..... LO ('\110 LO CO c.o LO N 0)101("1')11/') <01'<1" 01011'-1
CO I'- 01'<1" I'- N N CO ICO,'" I :It) I'- '<I" NIIt) CXlI'<l"
a> c.o LO N T"'" :.....,N I I iN1Ct)IM,.....
I I I I I' I 1 I 1 I' ,
I Ii i I I t I I I i I I I I I il !
~I ~ __J_~i~: ~ ,~I~ ~ ~i~ ~!~I~I~I~~'~ ~ # ~ ~
'!:81= N I~,LO~ I'- OIOI~'O~I'O,N 0 NI "'I I'- N ~~'<I".I
" ~ CO I C) : ~ I '<I" I N I 0 0> , Ol ' '" : '" '<1", It) '" lit) CO 0> C) ~ ,-
~ 'I S '<I" ",:, ~ ~ 0.1 co. 0.1 ~.' ,,<, ~ "':'11'-.' N. It). ,,<, C'!. 0>. C\(
~. ~ cD I N 1 '<I" i '" I ~ It) CO I CO : It) " N C) 0 '., '" It) I CO I '<I" 0 0
N'1t) I'- 'I ,,01, '<I" 'I'-IN !CO''''I ilt)!,1'- '<I" N It) CO
0) co Ll') N :"C"""N I! NMCW'),... I'
, I , . I ; 1
I II' i I I I" I ' i
I I 'I 1 I I Iii I I
i &9-: 69- I &9- ~ ER-16l9- wJ~ ~I E$ wi w' tJ9. ~ fl)1
-HI .11
i ! I
, I
I I I I
1 i ! ,
I I I !
lw-'CR- ~ ~tA- ut-&9-WI0
n'--~
I '
I i I
, I
I 1
I I
I I g>
1 ,I 'E
I I i ~
:1 ~, ! 45 ~
: g I i ~ UJ
181 I CJ) ~ ~
11;)1 ~I ~ ~ ~
I ~I gl g ,]j bl
!e!ml~iQ).-
i Cl.~+-~+:E :E
I ill
:..,104:104: lco u
M I "I:t. It) ! II') Il)
OiOIQiClC
I' i
I
i
1
I,., ~ i j J
III _I '18- (I) III 0 j
c: I.~ I; ~ $ ~ ~
(I)...J b '. (I) 0 9
S ! ~I :cu ~ t3 ~ I
gj I co I ~ 'Ill .5 5 .c
'6', ~ I III ,01 '" 1;) U ~
ca, 0.1 ca.5.o o...J c: 1:1
-i(1)I-:<5 co OLn"'O~
~!gll!~,&1i).!co ~ iU
51 <1l (1)(1) fn ~ x <1l
III 'I ~ I ~!C) c6 g :I: ~
OJ =! J:: ~Co = 0 (t) ~
Cl. <(1Cl....Jco(j~-
Q)
-
lIS
E
;
UI
W
C
o
'#-
o
It)
~
Q.
:E
C)
....
M
..
Q)
.c
o
1:)
o
:5!J
co.!::!
to
04:
~
o
:!! ci
::::i z'
.....C'\I M
It) M
N 0
~~ ~
'"
~ ~
o ,...
o 0
:;~ ~~
~ ~
~
;r;
I'-
cD
CO
I
I
1
eni
c:1
~I
~l"
~
(I)
c:
(I)
C>
I
I
ul
~I
01
i
CO
;r;
-.i
'"
It)
~
CO
CO
~
~
'<I"
~
~
(I)
el
J:1
u
<1l
Cl.
Qi
.s::
CJ)
2
~
u
c:
o
(j
E
::l
'(ij
<1l
c:
E
,.,
el
cu
C')
'0
'"
'"
III
C.
'E
(I)
E
1;)
::l
'6'
l'll
V
-c
co
:E
L() , :;;
CO I'-
CO C)
a:5ai
co!:::;.
N ~
CD ;:
0"";
'<I"
04:
M
o
I III I
~:~ ~ITJ~r ~ ~
I
I
J I
i f I ~ II I ~ II II * III g I
ell c:: ; ~ ~ 'I' ~ I 06.!!! I, (jj ~
c: i' ~ 0 gl I ~18 ~ Cl. 06 ~
,g 0.1 ~ &. Q..E 1 g> u. - i e 06 = I -c u
0, .Q I CJ) 1'- iii I co 1 -I 0 I co I 0 ~
! 1;)1 E']j -,g., ~I~ ~ H ~'I~ ::l
c;; (I) (1)'2101'" ::l,O (I)'O::l i::' (I) 8
.5 Li: :E9&.1~~1~T~r- ~ <(I
u. 04: co Q Wlu.le,,!~ 04:IQI~:04:!UiQIWi
~ ~I~ ~ ~!~ Si~I~I~ ol~'gilg gl
I : I I : ! '
, '-+--t
ii,
LOICD '" COiO)lol"C""" N
,... Of""" ,... T"" T""IC'\IININ
*
III
E
."
jjj
~I
;;;,
o
o
N
III
V
'c:
I :c
~!8
~I'O
1:-1 ~
mi.a
(j I u
.s::1J!!
0): ~
5 co
C::':E
'<I"
\LO
I
I
I
col
!
It)
N
i
I'- ! CO C)
I
("
c
o
f/)
't:
ca
Q,
E
o
o
-
~
ca
E
E
~
tn
Q)
...
ca
E
..
f/)
w
>
2
C
a.
:&
20
-u
aa
~O
:)0
lD(,!J
....
:tt:
..... CP
(j) III
"'it IV
~.c
~o......
Li:" ;n ;a
tIl E "Cl
~.l!l lii
III tIl il
GI !l e(
.:( III
III ~
e an
o
....
"'0
CPIt)
-0
;:tt:
~~
c: u
:J1lO
EM
E~
00
o~
o:tt:
"20
~~(j)
- .~ 0
E.....o
CP"'itN
-0
:g"'it....
3:g~
-. N CP
i6' :tt: .Q
... a:I 0
"Q;ct)
coo
CP
-
IV
E
;
III
W
C
o
~
o
It)
otJ
0..
:e
C)
e(
....
M
.l<
~
-g "0
sl ~
~I I 00 ~ I
-g I a. a.1~ ';;; _I
:J I .3 .3 IS -g ti:!
~ I III ~ I;j; e ~
~ 'I ~ 16 ~ ~ E,
:g 1 'e- 'e- 1: 8 ';;
e( 0.. 0.. 10.. <l: zl
~.I~,~I
1J'l1~!~'1
-iLl)
I~I
i I I I 1 I I I
.,. "'1'" .,. .,.! "'1'" i .,. ~ .,. "'1 .,.1 ~ I.,. .,. "'~J~l~l~, .,..,..,.
~'~:~ il~II~:~i~i~ ~ 'I~i ':' ~. ~'I~!~:I~i ~ ~B1:~I~1
cO r--'I N' cO ..: ..; I ..: I cO, cO cO I 1J'l'1 ~ 0 ..: I '" r-:! 0 I..; I ..:' ..: 'I
IJ'l "" co N MI ,0> 0 I~' , M r--'~I'O N1 N ,~ ~
.... 1 1 I 1 I iN ~ I I ~ ~IN,CO,r-- ~ :"" I
'I~i t: : I I I ~r! ~:I i II: I
I I I 1 I' , " I, I
.,.1.,. .,. .,.1.,.1.,. .,.1.,. .,. .,. .,. .,.1.,.,.,. .,. .,.I.,..,.! .,. .,.1.,.1.,.'
-4- - -t-f -j- f-' ~f-'l- --I.-R- --+---c-=+-------t--+t;'
~ ~I~ ~l~ ~:~Ire ~!~Imlg,~ ~I~:~:m ~I ~ ~ ~ ~
~ N N,N ~I~ MI~IN N ~I~I~ ~ ~ ~Im'ro ~l N ~ ~ w
r-:lm N'1"'1":1~I",icO'cO cOlcOlMloir-:lmlcOlcOio N'I '" ..;IN':":
N r-- l~'. 'IN'IJ'l'r '0> CO'~i""'IJ'l, '.N'~ ~,O.r--i CO 'O>I~
-- --!. IN I ' ~ ! :<r-II"'INiCX) COI ~ IMi
I I I I ! I Iii I I ' i
i 'I I! I 1 I j I I I 1 I 'I
" I'. I 'ill' I 'I I '
I ' I I I I I I I i
.,. .,. .,. :i::;:I~~~:I:~I:i:::I:~~~+: :: ;co-.-ii :
ml....lcolr--IN Ni,r--',ml,o> 1J'l1r--'INlo> ~I~I~ NO, N
C'\I!('t) CO ('I') MN.N (0 ,.- r---:C'O'f"o-i......'I01COILO ,.-...... ...,.
~!~I~lgl~~lgl~I~lg;~i~I~!ti~l~ ~ ~ ~ ~
J~ ~I~ J,~:~ ~ 010. ~ ~ 0 ]
, I. ' ~~.I ' CO' ....
I I, I I' ~ 11J'l' IJ'l
!(,OI N
I I II 1 I~'; ~ I
f' 'II Iii I
.,. .,. .,. ~hftl.,. .,. .,. ~ .,. ~~L-~'" .,. .,.1
, ,I I, I I I
I 1 I lEi
I I I (I)' I I
: I I I Ea.; I
I I I en 1'_ I I
I I I 5 5-1 I
OI' I I ~ i w'l I
'21 I t::E !E'
o I I co Q) I ~l
.2 00 , 0.. EI 1'01
LL, ooJ! '00 cod a.-'Illl
EI I .2;l '21 00: e: 00 '51 e:1 e:
Q) 01 - 0, 5),,2 ,!!! 0" (I) E
ell;: ,e: .!!! fill >:$ 0 W,.5 I '~, e:
e:'OOI<=IO- o'\'" t,/)wm........rO
~'(I) 0 (I) e: , 01 III 00 0 (l)lcod'~
8th' c:: ~ I ~! ~Q) 'I (I) , ~ 2l'~ ~ !!! 1 16 el I -
-u.~ en-I Q)U)>'-0'lulQ):>Cl>!o'C: I(U
- co c: C01 en ~ :';::::;'i..c 0) <Icn ;> .c '-'1'- 10
-g ~,'~ ~ I ~ I ~ I ~ I ~ ~ i ~ .~ I ~ "8 ~ ~ I ~ ~ ~ i ~
gala. III (I) I 0 i el 0 ... I .9-1 :t I 0 0 ;:; (I) ... ::> > I (I)
> 0 U) 'I 0.. (!) +.:::l.+.c!4::!--~+-2+ <( , I- T LL > iIi; u::~ 0:: J:+ iIi
I I . , I ! , Iii I 'I
LL!O'J:!~Ie('I'oclIWILL!='I~!.~IJ: wie( <( e( e(
~1~i~!miO =10 010:- O!OI~ N:~ N;M ~
OIOIOiOI.....I....;....Ll....:.... ....I....i.... ....IN NN N
-+-llilll 'i II II
I I I -r I I I I I I
colr--lcolo> ol....iNIMj~'.1J'l co r-- co:
NINiNINI""'''''I'''''MI''''j'''' "" "" M
I I I I 1
1ii
~
:>,
::>
al
E
(I)
E
1ii
::>
'5'
al
i~
1(1)
Ig
I~
1.2
im en
I~i 1
Ie: 2l
II~ l!! !!!I
~ .c S
e: 00 e:
10 f!!.!l!1
,::i: I- 0..
~ i~
N ICO
reR i t::
1ii
~
:>,
::>
al
E
(I)
.5
00
::>
'5'
al
a;
.l<
Co
::i:
: co I N I
o "'l""" ~
~ N,
~I~'
i
.8
<J
f!!
E
o
<J
.0
::>
U)
COI
0>1
co,
01
co!
i
-t:
o
:t
€
III
W
I
I
~I I
e: [
1 I~ I
I I cod I .l!l
I I ell 001 Iii
-' e: I.l< I E
~"'-I-
,5!€ gl ~
15:::> 1 >1' 0
1Il10 I cod ...
.- I ~ I' I a.
i~!.~ ~i E
,:=: > I >! (I)
~+~~I (ij
I ' , I
Iwl<(llDl 0
....ININI N
"',"'!'" '"
I~-L
r--l co I
..q-!v
i
'"
'0
'"
Q)
Cl
III
C.
00
.l<
00
.l1l
;j;
GI
00
al
.c
0..
IJ'l r--
co IJ'l
o 0
'" co'
:::!:.!:::!.
.,.
.,. .,. .,.
o
~
N
..;
~
IJ'l IJ'l r--
r-- N IJ'l
"l COIO>
CO!<Dlo"
O;OIV
~ll;~ti~
.,. .,. .,.
"" 0 0
I~i~!g
co', .....I~.
0)1<.0 "'l"""
'NIN
.,.
r--
N
~
N'
~
.,. .,. .,.
"" 0 0
co ~
0> r--
cO,.....
0> co
N
I
.,.
.,. .,. .,.
'0
o
0>
..;
....
N
.,.
.,. .,. .,.
00
el
e:
:c
00
'2
:s
LL
I (I) 00
! a.1.!!!
e:' !'I'''='
011 CiSjS
:; "OI=>
.2> ;: ~
J: ...J U5
I
C,w'e(
NIN M
f")IM M
...
~
III
E
"0
CD
C;;
,
o
;;;,
o
o
'"
N
IJ'l
C Gl >:
- "2
0 III 0 CO)
rn E N '0
:;:: '1:1: CO)
'i: III :I:
e:. .,
ca W 01
Cl ..
C. 0 c:: Co
E 0 32
0
0 <fl. f!
0 t-
O It) Q)
:)
- 01:1 ~
~ n. Q)
~ Co
ca C) 8
E en
.... .5
=1:1:
E ...... Gl "0
Q)
::::J CD III "0
'It III :)
en -.I: u
~n. .E
G) ....
...
ca ~ in iIi
E :) "
III i c
.. ~ Q)
III "
rn III S "
W l!! <C
<C III
E
III ;:I
:g III
... W
C>
>
2
C
a.
:Ii
20
-u
aa
~O
=0
I~
....
"'0
Gllt)
CO
Gl=l:l:
~~
C u
::lClO
EM
Eo
00
o~
5=1:1:
'c 0
~~CD
cuO
.........0
Gl'ltN
Ui~....
~g~
:-,NGl
Ill=l:l:,a
... IXl 0
Giot)
000
"0
c::
o
III 2l CD
.~ ~ 2l ~
<.:) c:: E
Q) fA e ~
III C Ill:) 01
.~ ~.~ ~ a.
t):5I~:;;;IIl~
2 .!l!len'- 0
iii -" I >- c::: ffi
5 co 'E ~ E
o Q;1f!~
~ ~,~ ~ ~
>-
o
c::
Q)
Cl
c::
~
o
o
~I c:: .~
.5 0 .9
i:o :ow t.>
u)1..52 ~
~I~ 5
t-wO
I
I
I
...
~
..
E
"
iXi
:1
~I
o
o
'"
Date:
21 Dec 2005
AGENDA ITEM NUMBER: q,~
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
02 J an 2007
Description of Agenda Item (who, what, where, how much):
This item is before the Commission to approve the Guaranteed Maximum Price (GMP)
for construction of Phase 1 (Site Work) for the Western Community Center, Project
2004-047. Phase 1 Site Work includes pond dredging, underground utilities and site
grading. Detail costs for Phase 1 are itemized in the proposal submitted by Weitz
Company and is attached to this agenda item. The GMP for Phase 1 is $640,957.00.
Funding for Phase 1 is available from 380-4150-572-62.58 (2004 G.O. BondlWestern
Community Center).
Staff Recommendation: Ap~ ---rAT
Department Head Signature: ~_ ~ 12--v..4<>
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
C),~..
Funding Available: Yes / No Initials: _~ 1/(/"""'-
Account Number
380-4150-572-62.58
Description
G.O. Bond/Western Community Center
~ l{ Lj / s-; 51/J
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @Y No Initials:
Hold Until:
t1
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2004\2004-047\OFFICIAL\2007-01-02 Agda Req weitz GMP ph l.doc
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER f1IJ...
AGENDA ITEM # q. J - REGULAR MEETING OF JANUARY 2, 2007
AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO
HANDLE/CANVASS ABSENTEE/PROVISIONAL BALLOTS AND
REPRESENT THE CITY AT LOGIC & ACCURACY TESTS FOR THE
FIRST NON-PARTISAN ELECTION
TO:
FROM:
DATE:
DECEMBER 29, 2006
This is before the City Commission to authorize Dr. Arthur Anderson, Palm Beach County
Supervisor of Elections, to handle the City's absentee/provisional ballots for the March 13, 2007,
First Non-Partisan Election. Mr. Anderson's office is equipped with a computerized system for
monitoring ballot requests, distributions, accounting for unreturned ballots, as well as electronic
signature verification. He will also insure that the absentee ballots are held in safekeeping prior to
canvassing. The Supervisor of Elections should also be authorized to represent the City at the
canvassing of the absentee ballots.
It is further recommended that Mr. Anderson be designated to represent the City's canvassing board
at the logic and accuracy (L&A) testing of the electronic tabulating equipment. The L&A tests will be
conducted on Friday, February 23, 2007 at 10:00 a.m. at the Supervisor of Elections Office, 240 South
Military Trail, West Palm Beach, for the March 13th, First Non-Partisan Election, as well as on
election day both before and after counting of the ballots. On January 18,2005, Commission adopted
Ordinance No. 2-05 which exempts the City from the early voting requirements of Florida Statutes
Section 101.657 for municipal elections and therefore we will not conduct early voting for the March
13,2007 election.
Recommend authorizing the Supervisor of Elections for Palm Beach County to handle/canvass the
City's absentee/provisional ballots for the March 13,2007, First Non-Partisan Election, and designate
him as the City's representative at the requisite logic and accuracy tests.
S:\City Clerk\Agenda Cover Memos\Auth.Supervisor of Electiol1S. March 'lOO7
riEl:-08-.2006 1.2: -l7
,=;UF'ERI.I I ,=;OR OF ELEI: T I elt I':,
561 65t. t,22G
P.O.2
. /'J'~1l
@, Palm Beach County
240 SOUTH MILITARY TRAIL
WEST PALM BEACH. FL 33415
POST OFFICE BOX 22308
WEST PALM BEACH, FL 3341 6
DR. ARTHUR ANDERSON
Supervisol~ of Elections
TELEPHONE: (561) 656-6200
FAX NUMBER: (561) 656-6287
WEBSITE: vvvvvv.pbcelections.org
gUESTIONNAIRE
Please answer the following questions and return this form, and when available, a copy
of the actions taken to appoint Dr. Arthur Anderson to your Municipal Canvassing
Board.
Do you want to have Dr. Arthur Anderson represent your Municipal Canvassing Board
at:
2. The canvassing of the Absentee Ballots?
YES
NO
NO
1. The Logic and Accuracy Test?
YES
Are you opting out of Early Voting
for the 2007 Municipal Elections?
YES
NO
If so, please provide the Supervisor of Elections with a copy of your
Ordinance/Resolution when available.
Signature of Municipal Clerk
Municipality
Date
NOTE:
If there are any changes to the section of your charter that relates to
elections, please provide us with an updated copy.
PLEASE RETURN VIA FAX TO SUPERVISOR OF ELECTIONS @
561/656-6220 IMMEDIATELY
L:\S~E\El"'c:l10'I2D07'\S\,INIl'Y L.A.^8~(.,I1/C1t..c.n..8d,400l:
TiJTHL P.O.2
On
~
MEMORANDUM
TO:
David T. Harden, City Manager
FROM:
Walter Hirst, Lieutenant; Special Operations Coordinator
~ \1=:,'--
Kerry B. ~ C1llef 7
THRU:
DATE:
December 15, 2006
SUBJECT:
Agenda Item-Citv Commission Meeting on 01/02/07
Approval of the Memorandum of Understanding Agreement
to accept the 2007 Domestic Preparedness Grant from the State of Florida
Homeland Security Grant Program
ACTION:
The City of Delray Beach City Commission is requested to approve a Memorandum of
Understanding Agreement in order to accept the 2007 Domestic Preparedness Grant from
the State of Florida Homeland Security Grant Program in the amount of$38,412.00. This
is a non-matching grant.
BACKGROUND:
The U.S Department of Homeland Security, Office of Domestic Preparedness, has
awarded the City of Delray Beach grant funds in the amount of$38,412.00. These grant
funds will be first awarded to the Florida Department of Financial Services, Division of
State Fire Marshal and then disbursed to the City of Delray Beach on a reimbursement
basis. The grant funds are awarded to maintain our role as a State WMD/Haz-Mat
resource and to sustain and maintain equipment as approved by the State of Florida. The
2007 Domestic Preparedness Grant guidelines require that, if the State of Florida
disburses a portion of grant funds to a local government unit, the State must enter into a
Memorandum of Understanding Agreement with the Local Government Unit, specifying
the amount of funds to be disbursed by the State for an approved purpose. The term of
the MOU Agreement is effective upon its execution by both parties and shall terminate
on December 31, 2007.
RECOMMENDATION:
Delray Beach Fire-Rescue respectfully request City Commission approval to proceed
with the Memorandum of Understanding Agreement process to accept the 2007 Domestic
Preparedness Grant.
<g.K
2006-2007 STATE HOMELAND SECURITY GRANT PROGRAM SHSGP
SUB-RECEIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL
GOVERNMENT UNIT FUNDING FOR FLORIDA
TYPE II HAZARDOUS MATERIALS/WMD TEAMS
THIS AGREEMENT ("Agreement") is entered into by and between the State of Florida,
Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0300
(hereinafter referred to as "Department") or its successor, and [LOCAL GOVERNMENT NAME]
(hereinafter referred to as "Subrecipient"), effective as ofthe last date executed below.
WITNESSETH THAT:
WHEREAS, the Department has determined that it is in need of certain services as
described herein; and
WHEREAS, the Subrecipient, a governmental agency, represents that it has the expertise
and ability to faithfully perform such services.
NOW THEREFORE, in consideration of the services to be performed and payments to be
made, together with the mutual covenants and conditions hereinafter set forth, the parties agree as
follows:
1. Services and Deliverables. The Subrecipient agrees to render the following services
or other units of deliverables as directed by the Department:
1 (a) Readiness and response to activation orders for deployment by the State Emergency
Operations Center, State Fire Marshal or Regional Domestic Security Task Force;
I (b) Purchase equipment specifically identified and approved by the Florida Domestic
Security Equipment Committee. Exceptions to the approved equipment list must be approved in
writing by the Equipment Committee prior to purchase.
2. Delivery Schedule. The services or other units of deliverables specified in
Paragraph one (I) above shall be delivered or otherwise rendered on behalf of the Department in
accordance with the following schedule:
2(a) Readiness shall be on a continuous basis; and
2(b) Upon notification by the State Emergency Operations Center, State Fire Marshal, or
Regional Domestic Security Task Force, the Subrecipient shall respond to any and all incidents
either within its regional response area, or as designated within the State Emergency Response Plan,
with all eligible equipment, and any and all other resources which it has, for so long as this
Agreement remains in effect, or as may be agreed upon under the Florida Strategy. It is understood
by both parties that local emergencies and equipment operability will dictate the availability ofthe
Subrecipient to respond.
2(c) To ensure uniformity of funded teams, purchase specifically identified equipment
as stipulated by the Florida Domestic Security Equipment Committee. Exceptions to the
approved equipment list is to be approved by the Equipment Committee in writing prior to
purchase.
2(d) Use sustainment funding only for equipment that was previously purchased with
ODP funds.
2(e) Compliance with requirements of a Weapons of Mass Destruction Capable
Hazardous Materials Resource, as defined by the Florida Domestic Security Strategy shall be on a
continuous basis.
3. Payment.
3 (a) Subject to the terms and conditions established by this Agreement and the billing
procedures established by the Department, the Department agrees to pay the Subrecipient a
maximum of$38.412.00; of which $13.580.00 shall be used for the sustainment and maintenance
of hazardous material equipment previously purchased with ODP funds, and $24,832.00 shall be
used for training in Office of Grants & Training (OGT) approved hazardous material training
courses. If additional money becomes available through the grant process, the amount set forth in
this Agreement may be increased or decreased upon the written approval of both contract managers,
to be used for the purposes set forth in paragraph one (I) above, and subject to the terms and
conditions established by this Agreement.
3 (b) All requests for reimbursement shall be submitted in accordance with this
Agreement within thirty days following the Subrecipient's expenditure of funds, but in no event
later than December 31, 2007.
3( c) Vendor Rights. Vendors providing goods and services to an agency should be
aware ofthe following time-frames. Upon receipt, an agency has five (5) working days to inspect
and approve the goods and services, unless the bid specifications, purchase orders or Agreement
specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the
Department of Financial Services. The 20 days are measured from the latter of the date the invoice
is received or the goods or services are received, inspected and approved. The Department is to
approve the invoice in the state financial system within 20 days.
If a payment is not available within 40 days, a separate interest penalty, computed at the rate
determined by the State of Florida Chief Financial Officer pursuant to Section 215.422, Florida
Statutes, will be due and payable, in addition to the invoice amount, to the vendor. To obtain the
applicable interest rate, please refer to htto:llwww.dbf.state.f1.us/interest.html. The interest
penalty provision applies after a 35 day time period to health care Subrecipients, as defined by rule.
Interest penalties of less than one (1) dollar will not be enforced unless the vendor requests
payment. Invoices which have to be returned to a vendor because of vendor preparation errors will
result in a delay in the payment. The invoice payment requirements do not start until a properly
completed invoice is provided to the agency with the proper tax payer identification information
documentation to be submitted before the prompt payment standards are to be applied.
A Vendor Ombudsman has been established with the Department of Financial Services.
The duties of this individual include acting as an advocate for vendors who may be experiencing
problems in obtaining timelypayment(s) from a state agency. The Vendor Ombudsman maybe
reached at (850) 413-5516.
3 (d) Taxes. The Department is exempted from payment of Florida state sales and use
taxes and Federal Excise Tax. Unless personally exempt by law, the Subrecipient shall not be
exempted from paying Florida state sales and use taxes to the appropriate governmental agencies or
for payment by the Subrecipient to suppliers for taxes on materials used to fulfill its obligations
with the Department. The Subrecipient shall not use the Department's exemption number in
securing such materials. The Subrecipient shall be responsible and liable for the payment of all its
FICA/Social Security and other taxes resulting from this Agreement.
3(f) Any expense incurred by the Subrecipient for travel must be authorized by the
Department in advance. Travel expenses will be reimbursed to the Subrecipient at a rate not to
exceed that which is payable to state employees for travel and per diem as prescribed by Section
2
112.061, Florida Statutes, and shall be submitted in accordance with said section. All other
expenses, including expenses for the gathering and presentation of exhibits, must be authorized by
the Department in advance.
3(g) Payment Processing. All charges for services rendered or for reimbursement of
expenses authorized by the Department in accordance with Paragraphs 3 and 4 shall be submitted to
the Department in sufficient detail for a proper pre-audit and post-audit to be performed. All
payments for professional services and authorized expenses, including travel expenses, will be paid
to the Subrecipient only upon the timely and satisfactory completion of all services and other units
of deliverable such as reports, findings and drafts, which are required by Paragraphs I and 2 above
and upon the written acceptance of said services and units of deliverables such as reports, findings
and drafts by the Department's designated contract manager. Interim payments may be made by the
Department at its discretion under extenuating circumstances ifthe completion of services and
other units of deliverables to date has first been accepted in writing by the Department's contract
manager.
3 (h) Contingency. Ifthe terms of this Agreement extend beyond the current fiscal year,
the State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
4. Termination.
4(a) The Department may cancel this Agreement at any time for any reason upon the
submission of a thirty (30) day prior written notice. If the Department cancels the Agreement the
Subrecipient shall be paid only the amount due for deliverables which have been received and
accepted by the Department and deliverables due within the time period stated in number 2 above.
The Subrecipient shall be entitled to no damages beyond what is provided in this paragraph.
Notwithstanding the above, the Subrecipient shall not be relieved of liability to the Department for
damages sustained by the Department by virtue of any termination or breach ofthis Agreement by
the Subrecipient. In the event this Agreement is terminated, the Subrecipient shall be reimbursed
through the date of services rendered subject to any such damages.
4(b) This Agreement shall terminate upon the Subrecipient's satisfactory completion of
the services and other units of deliverables described or referenced in Paragraphs 1 and 2 by the
Department and upon satisfactory performance evaluations ofthe Subrecipient by the Department.
The Department may unilaterally terminate this Agreement in the event that the Department
requests in writing that the Subrecipient allow public access to all documents, papers, letters, or
other material subject to the provisions of Chapter 119, Florida Statutes, which are made or
received by the Subrecipient in conjunction with this Agreement, and the Subrecipient refuses to
allow such access. Subrecipient shall comply with the record keeping standards ofthe Rules of
the Department of State, Division of Library and Information Services, Florida Administrative
Code Chapter IB-24 and -26, and the Federally Funded Grant Agreement 07DS-5N-13-00-16-217,
which can be accessed on the Department's web site at http://www.f1dfs.comlSFM. If, in the
judgment ofthe Department, the Subrecipient for any reason fails to fulfill in a timely manner all
obligations under this Agreement, the Department shall have the right to terminate this Agreement
by giving at least five days written notice by registered mail to the Subrecipient of such termination,
including the effective date of termination. The Department shall not be deemed to assume any
liability for the acts, omissions to act or negligence ofthe Subrecipient, its agents, servants, and
employees, nor shall the Subrecipient disclaim its own negligence to the Department or any third
party.
4(c) The Department may terminate this Agreement if the Subrecipient commits any
material breach of this Agreement, fails to timely deliver a material deliverable, employs an
3
unauthorized alien in the performance of the work; discontinues the performance ofthe work; fails
to resume work that has been discontinued within a reasonable time after notice to do so; becomes
insolvent or is declared bankrupt; makes an assignment for the benefit of creditors without the
approval of Department; makes or has made an intentional material misrepresentation or omission
in any materials provided to Department; fails to maintain the required insurance; fails to provide
the Department access to all documents, papers, letters, or other material subject to statutory
provisions relating to the examination and inspection of public records that are made or received by
Department in conjunction with this Agreement. Should the Subrecipient default under the
Agreement which default is not cured within ten days of notice provided by the Department, the
Subrecipient shall be liable to the Department for any expenses that the Department may incur in
securing a substitute Subrecipient to assume completion of those services.
5. Term and Renewal. This Agreement shall begin upon execution and end on
January 31, 2008. This Agreement may be renewed for a maximum of three years or up to a period
equal to the term ofthe original Agreement, whichever is longer, at the option of the Department.
The renewal price, or method for determining a renewal price, is set forth in the Agreement price,
attached hereto. No other costs for the renewal may be charged. Any renewal is subject to the
same terms and conditions as the original Agreement and shall be contingent upon satisfactory
performance evaluations by the Department and subject to the availability of funds.
6. Agreement Modification. This Agreement may be amended only by a written
agreement between both parties subject to the provisions of Chapter 287, Florida Statutes, or as set
forth in paragraph 3(a) above.
7. Federally-Funded Subgrant Agreement. The funds for this Agreement are provided
through a Subgrant Agreement between the Department and the Division of Emergency Services;
Contract Number: 07D8- 5N -13 -00-16- 217. The Subgrant Agreement can be accessed through
the Department's web site at http://www.f1dfs.comlSFM. The subrecipient agrees to be bound by
all of the provisions ofthe Subgrant Agreement referenced in this paragraph.
8. Reports
8(a) At a minimum, the Subrecipient shall provide the Department with quarterly
reports, and with a close-out report. These reports shall include the current status and progress
by the subrecipient in completing the work described in paragraphs 1,2 and 3, of this Agreement,
in addition to such other information as requested by the Department.
8 (b) Quarterly reports are due to be received by the Department no later than twenty
(20) days after the end of each quarter of the program year and shall continue to be submitted
each quarter until submission of the administrative close-out report. The ending dates for each
quarter of the program year are March 21, June 20, September 20 and December 21.
8{ c) The close-out report is due fifty (50) days after termination of this Agreement or
upon completion of the activities contained in this Agreement, whichever first occurs.
8{ d) If any required report and copies, prescribed above, is not sent to the Department
or is not completed in a manner acceptable to the Department, the Department may withhold
further payments until it is completed or may take other action. The phrase "acceptable to the
Department" means that the work product was completed in accordance with paragraphs 1, 2 and
3 of this Agreement.
8(e) The Subrecipient shall provide such additional program updates, reports or
information as may be required by the Department.
4
9. Monitoring The Department shall monitor the performance of the Subrecipient
under this Agreement to ensure that all of the conditions of this Agreement are met. Such review
shall be made for each function or activity set forth in paragraphs 1, 2, and 3 of this Agreement,
and reported in the quarterly report.
Monitoring procedures may include, but not be limited to, on-site visits by Department
staff and/or other procedures. By entering into this Agreement, the Subrecipient agrees to
comply and cooperate with all monitoring procedures/processes deemed appropriate by the
Department. The Subrecipient further agrees to comply and cooperate with any inspections,
reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In
addition, the Department will monitor the performance and financial management by the
Subrecipient throughout the contract term to ensure timely completion of all tasks.
10. Subagreements. All services agreed upon are to be performed solely by the
Subrecipient and may not be subcontracted or assigned without the prior written consent of the
Department. If permission is granted, the subcontract agreement must include (i) a provision
binding the subcontractor to the terms of this Agreement, (ii) a provision binding the subcontractor
to all applicable state and federal laws and regulations, and (iii) a provision whereby the
subcontractor agrees to hold the Division of Emergency Management and the Department harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under
this Agreement, to the extent allowed and required by law. Each subcontractor's progress in
performing its work under this Agreement shall be documented in the quarterly report submitted by
the Subrecipient.
11. Liability
I I (a) Unless Subrecipient is a State agency or subdivision, as defined in Section 768.28,
Florida Statutes, the Subrecipient shall be solely responsible to parties with whom it shall deal in
carrying out the terms ofthis Agreement, and shall not hold the Department or the Division of
Emergency Management harmless against all claims of whatever nature by third parties arising out
ofthe performance of work under this Agreement. For purposes of this Agreement, Subrecipient
agrees that it is not an employee or agent of the Department or the Division of Emergency
Management, but is an independent contractor.
II(b) Any Subrecipient who is a state agency or subdivision, as defined in Section 768.28,
Florida Statutes, agrees to be fully responsible to the extent provided by Section 768.28, Florida
Statutes, for its negligent acts or omissions or tortuous acts which result in claims or suits against
the Department or Division of Emergency Management, and agrees to be liable for any damages
proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Subrecipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision ofthe State of Florida to be sued by
third parties in any matter arising out of any contract.
12. Miscellaneous. This instrument and any referenced or attached addendum embodies
the entire agreement of the parties. There are no other provisions, terms, conditions, or obligations.
This Agreement supersedes all previous oral or written communications, representations or
agreements on this subject. Ifthere is any conflict between this Agreement and any referenced or
attached addendum, the terms and conditions of this Agreement shall take precedence and govern.
This Agreement shall be governed by and construed in accordance with the laws ofthe State of
Florida. In all cases, venue shall be in Leon County, Florida. Subrecipient is an independent
5
contractor, and is not an employee or agent of the Department. The respective obligations ofthe
parties which by their nature would continue beyond the termination or expiration of any
attachment or this Agreement, including without limitation, the obligations regarding
confidentiality, proprietary interests, and limitations ofliability, shall survive termination or
expiration. If a court of competent jurisdiction deems any term or condition herein void or
unenforceable, the other provisions are severable to that void provision and shall remain in full
force and effect.
13. Statutory Notices. The Department shall consider the employment by any
subcontractor or Subrecipient of unauthorized aliens a violation of Section 274A(e) ofthe
Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of this
Agreement. An entity or affiliate who has been placed on the public entity crimes list or the
discriminatory vendor list may not submit a bid on a subcontract or Subrecipient agreement to
provide any goods or services to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity pursuant to limitations under Chapter 287, Florida
Statutes. Nothing herein shall be construed as waiving the sovereign immunity of the State of
Florida. The Department shall not be deemed to assume any liability for the acts, omissions to act
or negligence ofthe Subrecipient, its agents, servants, and employees, nor shall the Subrecipient
disclaim its own negligence to the Department or any third party.
14. Compliance with Federal. State and Local Laws. Subrecipient and all its agents
shall comply with all federal, state and local regulations, including, but not limited to,
nondiscrimination, wages, social security, worker's compensation, licenses and registration
requirements.
15. Electronic Accessibility. When the Subrecipient is to develop, procure, maintain, or
use electronic and information technology, they shall ensure that the electronic and information
technology allows employees and members ofthe public with disabilities to have access to and use
of information and data that is comparable to the access to and use of information and data by
employees who are not individuals with disabilities. These require, e.g., screen enlargement and
voice output, or have built-in screen reader or, that the products support assistive technology;
increase in volume and/or alter the tonal quality or increase the signal-to-noise ratio; if speech input
one alternative input mode also; not require fine motor control or simultaneous actions. See 36 CFR
Part 1194 based on Section 508 of the Rehabilitation Act Amendments, 29 USC Sec. 794. (See
http://www.section508.govf)
16. Contract Administration.
16 (a) The Department contract manager is John Deiorio, II located at 11655 Northwest
Gainesville Road, Ocala, Florida 34482-1486.
16 (b) The Subrecipient contract manager is located at
16 (c) All written and verbal approvals referenced in this Agreement must be obtained
from the parties' contract administrators or designees. Notices required to be in writing must be
delivered or sent to the intended recipient by hand delivery, certified mail or receipted courier and
shall be deemed received on the date received or the date ofthe certification or receipt.
6
17. Compliance with CFO Memorandum No.4: Subrecipient shall assure compliance
itself and by its Subcontractors, with CFO Memorandum No. 4 (2005-06), effective June 30,
2006; including but not limited to the following provisions:
17(a) State financial assistance under this Agreement shall be in compliance with laws,
rules and regulations applicable to expenditures of State funds, including, but not limited to, the
Reference Guide for State Expenditures at http://www.fldfs.comlaadir/reference%5Fguide/ .
17(b) Those subject to this Agreement may charge only allowable costs resulting from
obligations incurred during the term of the Agreement.
17(c) Any balances of unobligated cash that have been advanced or paid that is not
authorized to be retained for direct program costs in a subsequent period must be refunded to the
State.
17(d) Agreements with vendors must be procured in a manner that ensures a
fair and reasonable price to the State and in compliance with applicable rules and
regulations, including, but not limited to sections 287.057 and 216.3475, F.S.
IN WITNESS WHEREOF, the Department of Financial Services and
by their duly authorized representatives, have executed this Agreement.
SUBRECIPIENT
DEPARTMENT OF FINANCIAL SERVICES
By
Rick Mahler, Chief of Staff
Title
Date:
Date:
7
AGENDA ITEM NUMBER: ~
AGENDA REQUEST
Request to be placed on: January 2. 2007
Date: 12/15/06
---1QL Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Delray Beach Fire Rescue requests City Commission approval to execute a
Memorandum of Understanding (MOU) Agreement to accept the 2007 Domestic Preparedness
Grant from the State Homeland Security Grant Program in the amount of $38,412.00. The grant
funds were awarded to the City of Delray Beach to be used for sustainment and maintenance of
equipment and for training approved by the State of Florida. This is a non-matching Grant.
xx
NO
NO
xx
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
Recommendation:
Approve the Memorandum of Understanding to accept the 2007 Homeland Security Grant
in the amount of $38,412.00
Department Head Signature: _V "'"-1 ~ C r
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes
No
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: e 1fI'1 No
Hold Until: ~(Mo~ ~
Agenda Coordinator Review:
~~~
Received:
Action:
Approved
Disapproved
MEMORANDUM
To: David Harden, City Manager
From: Lula Butler, Director, Community Improvement ~
Thru: Elizabeth B. Alpert, Community Development Program Administrator
Date: December 27, 2006
Re: Amendment to Local LHAP/ Addition of "Essential Services Personnel" definition
ITEM BEFORE THE COMMISSION
City Commission authorization and approval of an amendment to the City's State Housing
Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan for Fiscal Years
2004-2007 by adopting Resolution #1-07 pursuant to Title 67-37 of the Florida
Administrative Code. This resolution shall add the definition of "Essential Services
Personnel" to the City's Local Housing Assistance Plan.
BACKGROUND
The Community Improvement Department receives funds under the State Housing
Initiatives Partnership (SHIP) Program for the development and maintenance of affordable
housing. SHIP funds are generated from a portion of documentary stamp taxes collected
throughout the State and held in the State's Housing Trust Fund. The State requires a
Local Housing Assistance Plan (LHAP) outlining how the City plans to administer the
SHIP funds once they are received. On February 23, 1993, under Ordinance #2-93, the
City Commission established a Local Housing Assistance Program, created the Local
Housing Trust Fund and created the Affordable Housing Advisory Committee to comply
with various sections of Title 67 of the Administrative Code of Florida. Community
Development Division staff has administered the program and under the approved Plans
have assisted Delray Beach residents with homeownership and housing rehabilitation
opportunities. The current Plan (2004-2007) was adopted by Resolution #31-04 on April
13, 2004 and amended per Resolution #66-05 on September 6, 2005 and again per
Resolution #49-06 on July 26, 2006.
Pursuant to Section 420.907 5(3) (a), FS each county and municipality eligible for the
Community Workforce Housing Innovation Pilot Program (CWHIP) funding shall define
the term "Essential Services Personnel" within its respective LHAP. For the purposes of
CWHIP, "Essential Services Personnel" must meet the income requirements set forth in
the definition of Workforce Housing. Resolution #1-07 shall add the definition of
"Essential Services Personnel" to the City's Local Housing Assistance Plan.
RECOMMENDATION
Staff recommends approval of the definition of "Essential Services Personnel" and the
amended 2004-2007 Local Housing Assistance Plan by adoption of Resolution #1-07.
d<
~
?5.L-
RESOLUTION NO. 1-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, ADOPTING THE AMENDED LOCAL HOUSING
ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM AS ATTACHED HERETO;
ESTABLISHING A DEFINITION OF ESSENTIAL SERVICES PERSONNEL
FOR THE COMMUNITY WORKFORCE HOUSING INNOVATION
PROGRAM; AUTHORIZING THE NECESSARY CERTIFICA nONS BY THE
MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE
STATE HOUSING FINANCE CORPORATION; PROVIDING FOR AN
EFFECTIVE DATE UPON APPROVAL.
WHEREAS, the State of Florida, under specific authority established by the William E.
Sadowski Act in July 1992, established the State Housing Initiatives Partnership (SHIP) Program
which requires the City to develop a one to three year Local Housing Assistance Plan outlining
how funds will be used; and
WHEREAS, Resolution No. 31-04 adopting the City of Delray Beach's 2004-2007 LHAP
was approved by City Commission on April 13, 2004 and Resolution No. 66-05 amending the
2004-2007 LHAP was approved by City Commission on September 6, 2005; and
WHEREAS, Florida Administrative Code SHIP rules require the adoption of a resolution
to amend an approved Local Housing Assistance Plan and this resolution shall amend the
approved Plan in order to provide a definition of Essential Services Provider for the Community
Workforce Housing Initiative Program; and
WHEREAS, the Legislature of the State of Florida, passed HB 1363, which established the
Community Workforce Housing Innovation Program, which required that the City adopt a
definition of Essential Services Personnel in order to be eligible for State grant funds under the
Community Workforce Housing Innovation Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Resolution 31-04 is hereby amended by adopting this resolution and
an amended Local Housing Assistance Plan.
Section 2.
follows:
That the definition of Essential Services Personnel shall be stated as
Essential Services Personnel Definition:
"Essential Services Personnel" means persons whose household incomes do not exceed 140% of
AMI, as determined annually by the Florida Housing Finance Corporation and adjusted for family
size, and shall include teachers and educators; other school district, community college, and
university employees; police and fire personnel; health care personnel; skilled building trades
personnel; Federal, State, County, and local government personnel; and may also include utility
system (water/sewer, electrical, communication, etc.) personnel; information technology industry
personnel; child care personnel; personal service providers; retail workers; wholesale/warehouse
personnel; tourism industry personnel; biotechnology industry personnel; non-profit personnel;
food service personnel; landscaping industry personnel; cosmetology service providers; facility
maintenance personnel; automotive service personnel; marine services personnel; and personnel in
other industries deemed essential by City of Delray Beach government based on the local
economy. The City of Delray Beach will review and possibly revise this definition of essential
service workers on an as needed basis to conform to local economic and industry trends.
Although essential services personnel may earn an income of up to 140% of AMI, City of Delray
Beach SHIP funding can only assist individuals and households whose income does not exceed
100% of AMI.
Section 3. The Local Housing Assistance Plan, as amended, remains in full force and
effect and the Local Housing Assistance Plan previously adopted prior to Resolution 31-04
remains unchanged, unless expressly modified by this resolution.
Section 4. That the City of Delray Beach is authorized to submit the amended Local
Housing Assistance Plan to the State Housing Finance Corporation for its review and approval.
Section 5. That the Mayor is authorized to execute any document and certifications
required as a part of the Local Housing Assistance Plan on behalf of the City of Delray Beach.
Section 6.
That this resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED in regular session on this the _ day of
, Z007.
MAYOR
A TIEST:
City Clerk
2
RES. NO. 1-07
Agenda Item No.:
)f.lJ
AGENDA REQUEST
Request to be placed on: Date: December 27,2006
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
X Consent Agenda When: January 2,2007
ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO
ITEM BEFORE THE COMMISSION:
City Commission authorization and approval of an amendment to the City's State Housing
Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan for Fiscal Years
2004-2007 by adopting Resolution #1-07 pursuant to Title 67-37 of the Florida
Administrative Code. This resolution shall add the definition of "Essential Services
Personnel" to the City's Local Housing Assistance Plan.
RECOMMENDATION
Staff recommends approval of the definition of "Essential Services Personnel" and the
amended 2004-2007 Local Housing Assistance Plan by adoption of Resolution #1-07.
..)iipartment Head Signature: ~ &.-y
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:
Approved for Agenda:
Hold Until:
@moM
Agenda Coordinator Review:
Received:
Placed on Agenda:
CITY ATTORNEY'S OffICE
__ POLICE LEGAL ADVISOR
, III I!
[ITY
1993
F
El All
E [H
',i'i' \i' ATLA",TIC .\ \ T~;l T ' DEI R,\ " BL\Clf. fLORIDA ~ )111
ITLFI'II(Y\L ':;U12i)--:-i25. L\<>,]\lILE 'i(,1/2l3-7S1'i
POLICE LEGAL ADVISOR
MEMORANDUM
To:
The City Commission
Mr. David Harden, City Manager
Date:
December 15, 2006
Catherine M. Kozol, /~ /
Police Legal Adviso~~
From:
Re:
Command Security Agreement
Enclosed please find three signed original agreements with Command
Security Corporation for approval by the City Commission. Command Security
administers our off-duty police details including requests for services, scheduling
work and confirmation of completion along with maintaining logs and completing
1099s for the individual officers. Paragraph 3 includes a provision wherein the
City will be paid the sum of $7,500.00 for a portion of the services which are
completed by The City of Delray Beach Police Department.
If this is acceptable, would you please place this Agreement on the
Consent Agenda and return a signed copy to my office.
If you have any questions, please do not hesitate to call me.
Ath/encs.
cc to: Chief J. Schroeder
Susan Ruby, City Attorney
Chevelle Nubin, City Clerk
4
3.M
AGREEMENT
This Agreement dated this 13h Day of November, 2006, by and between the CITY OF
DELRAY BEACH, a municipal corporation in the State of Florida hereinafter referred
to as the "City" and COMMAND SECURITY CORPORATION, hereinafter referred
to as the "Contractor", a New York corporation with an office at 1133 Route 55 Suite D,
Lagrangeville, New York 12540. This Agreement is governed by Florida law.
WITNESSETH:
WHEREAS the Contractor has proposed to the City that Contractor manage the
administration of Off-Duty Police Work for the City's Police Department; and
WHEREAS the City has need for these services;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SCOPE
The scope of work to be performed by the Contractor will be as follows:
1. Contractor will provide administration of Non-City Sponsored Off Duty
Police Detail, including requests for service, scheduling work and confirming
completion.
a. Approval by the City of another entity's request for security does not
constitute a City sponsored event, unless the City declares the event as
a City Sponsored Event and the security is paid for by the City.
2. Contractor will invoice clients, administer payment to officer for receivables,
and process all approved client invoices in Contractor's name.
3. Contractor will provide payment of Seven Thousand Five Hundred Dollars
($7,500.00) per year for administrative personnel involved in administration
of the off-duty police details. Contractor will pay the Seven Thousand Five
Hundred Dollars ($7,500.00) divided in equal monthly payments of Six
Hundred Twenty Five Dollars ($625.00) to the City of Delray Beach.
4. Contractor will provide management reports specifying hours worked by
location, client and officer.
5. Contractor will purchase receivables from independently contracting officers
when properly signed offby the officer and the client. The Contractor will
own receivables and will, with the approval of the City, determine appropriate
prepayment terms for service users and provide collection management
reports, including finance charges for late payments.
6. Contractor shall administer program in accordance with City policies and
Police Department General Order Number 530 as attached hereto and may be
periodically amended. This contract is in accordance with General Order
Number 530 and provides no change in the manner in which Non-City-
Sponsored Off Duty Police Details are distributed to employees.
A. OVERVIEW
The Contractor will handle off-duty service requests, coordinate the scheduling of
approved independent contracting officers and other administrative aspects of the
program. Additionally, the Contractor will purchase invoices from independent
contracting officers and provide associated payment to the officers and supervisors
engaging in off duty assignments. Contractor will provide administrative services for
management of the program, invoices to clients and regular reports to be used by the
City for analysis of the extra duties provided by Police officers. Contractor will
compile total annual hours worked by each officer and provide each officer a 1099-
tax form in a timely manner for all officers who have provided 1-9 and W -4 forms to
Contractor. This form will provide officers with their gross annual income from the
services rendered under the program; it is understood that the officers are operating as
independent contractors and are not employees of Command Security Corporation.
It is the responsibility of each officer to report all income from off duty service with
the filing of hislher tax return. Contractor will provide regular reports to be used by
the City for the analysis of the extra duties provided by police officers. The City will
provide Contractor with a list of approved officers for this program, a list of approved
users and guidelines for this work. This paragraph is an overview of the program and
the specific terms ofthe Agreementare as provided in the entire Agreement.
B. SCHEDULING
The City will provide lists of approved officers and approved sites along with the
duty schedule of the officers no later than one week prior to proposed work.
Contractor will prepare schedule through computerized system and provide schedule
to officers as soon as possible and to the Police Department no later than 24 hours
before the work is commenced. Contractor will provide a contact person for officers
and clients to process requests and to modify schedules.
C. PAYMENT
Each week, the Contractor will enter information into the Contractor's computer
including all of the hours submitted as worked by the officers and verified with client
signature. All submissions by the officers will be signed by the officer and the client.
Contractor will secure advanced payment authorization from the client if an on-site
representative will not be available to sign the officer's invoice, verifying hours
worked and job completion. The officer will then assign the receivable to Command
Security Corporation. Every Monday the information will be "closed-off' for the
prior week's work; submissions not completed by that time will not be processed.
Completion will mean the work verification signed by the officer and the user with an
acknowledgement ofthe assignment of the receivable. The Contractor will process
payment for eligible requests for that period; payment will be provided on the Friday
after for the work ending the prior Sunday. The Contractor will prepare reports from
the computer-transferred information. Only completely verified and signed-off
invoices will be purchased.
D. BILLING
Based on information entered into the computer and/or faxed to the Contractor, the
Contractor will prepare in its standard format, all weekly invoices and mail them
directly to the customers.
E. REPORTS
The Contractor will provide the following reports to the City each week for the
previous week:
1. Invoice Register
2. Payment Register
3. Accounts Receivable Aging Report
4. Cash Application Report
5. Copies of invoices sent to customers
6. A record of all work performed in the prior week by officer, location and
client.
F. HOLD HARMLESS
Contractor shall indemnify and hold the City harmless for all errors or omissions of
Contractor in the performance of Contractor's duties provided under this Agreement,
and shall pay all costs; claims of any kind, including City costs and attorney's fees at
trial or appellate levels.
G. CHARGES AND PAYMENTS
For the management services and receivable financing, for police officers service
each week, the Contractor will pay independently contracting officers for their
receivable amount and withhold seven percent (7%) of the gross billings for
Contractor's service fee.
H. CASH STATEMENT
The Contractor will send a letter to all of the City's customers stating that the
Contractor is authorized to send invoices on behalf of the City and that all payments
are to be sent to the Contractor's lock box. On the bottom of each invoice will appear
the following message: "Remit to: Command Security Corporation, General Post
Office, PO Box 27588, New York, NY 10087-7588. This invoice has been assigned
to our Financing Organization." .
Upon reasonable prior written notice to the City, the Contractor will change the
message and direct that payments be sent to another lock box designated by the
Contractor or state that such invoice is property of a third party identified by the
Contractor who provides financing to the Contractor.
I. GENERAL
Neither the City nor the Contractor will be responsible for acts of God (hurricanes,
floods, etc.) nor items beyond their control (power failures, etc.), however, both the
City and the Contractor will make every effort in an urgent manner to correct the
problems and difficulties caused by such acts.
Contract will commence November 1st, 2006, and will continue for a period of one
year, after which time contract will be subject to renewal or extension by mutual
written agreement. Either of the parties may end this agreement with or without
cause upon sixty (60) days written notice to the other; however the City may
terminate immediately if Contractor fails to follow City policies or General Orders'
procedure.
During the term of this Agreement, the City will not use any other entity to perform
special duty officer scheduling, payroll or billing services outside this Agreement
provided the Contractor is not in default of this Agreement.
In addition to other provisions, this Agreement can be ended if either City or
Contractor is unable to maintain or renew any permit or license necessary to do
business.
It is understood that Contractor is not City's employee nor the employer of any of
City's personneL
If any part ofthis Agreement proves to be invalid, all the rest of the Agreement shall
remain in effect. This is the entire Agreement and there are no representations or
promises that are not included herein.
J. REVIEW
The Contractor will permit the City to review, at any time, all work performed under
the terms of this Agreement at any stage of the work.
K. BOOKS AND RECORDS
The Contractor will maintain or cause to be maintained all records, books, or other
documents relative to charges, including charges for extra work, alleged breaches of
Agreement, settlement of claims, or any other matter involving the Contractor's
demand for compensation by the City for a period of not less than three years from
the date of the final payment for work performed under this Agreement. Contractor
will provide to the City these records upon request.
L. DISPUTES
Any controversy or claim arising under this Agreement will be governed under
Florida law with venue in Palm Beach County, Florida.
M. This Agreement will be enforceable once executed by the parties.
N. The parties do not intend to create any rights for any third parties not signatures to
this Agreement.
O. The City does not waive its sovereign immunity by entering into this Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
Witnessed By:
Authorized By:
CITY OF DELRA Y BEACH
By:
DELRAYBEACH
POLICE DEPARTMENT
BY:~~
Chief of Police
COMMAND SECURITY CORP.
By:~Q&-Q. Ci2 ~ ~
Jeffrey S. Ifumiston
Vice President- Operations
[IT' DF DELIAY BEA[H
DELRAY BEACH
Dad
AII.America City
, III I!
MEMORANDUM
1993
2001
TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Manager
DATE: December 18,2006
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
JANUARY 2. 2007 - SPECIAL EVENT REQUEST
ART AND JAZZ. ON THE AVENUE
ACTION
City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for
January 18, 2007, from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section
2.4.6(F) for the closure of Atlantic Avenue from Swinton to NE/SE 7'h Avenue, the alley north of
Atlantic Avenue between NE 2nd Avenue and Railroad Way, Railroad Way from Atlantic to the
alley just north of Atlantic, NE 2nd Avenue from Atlantic Avenue to the alley and the Tennis Center
parking lot. Commission is also requested to authorize staff support for security and traffic
control, banner hanging and removal, barricade set up and removal and trash removal and clean
up.
BACKGROUND
Attached are the special event permit request, budget, site plan, hold harmless agreement and
certificate of insurance for this event received from the Downtown Marketing Cooperative.
Although we are not asking to close Atlantic Avenue west of Swinton, the event boundary will
extend to NW/SW 5th Avenue. Entertainment will be located in front of Atlantic Grove and in the
Tennis Center parking lot as well as on the pavilion stage at Old School Square and other
locations along Atlantic Avenue. The estimate of overtime cost for this event is $9,000. Cost for
barricade rental is estimated at $275. Although EMS assistance was not requested staff is
recommending it be required. Based on the event agreement, the Downtown Marketing
Cooperative is to pay the City 20% for all costs over $1,000. The estimated charges for this
event are $1,655. This event is sponsored by the Sun Sentinel.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit and street
closure, with staff recommended changes and staff support including EMS assistance with
payment of costs to the City per the agreement with the Downtown Marketing Cooperative.
RAB/rd
@ Printed on
T
EFFOR1" AL.\,^/AYS MATTER
~
5()1/~:4:3-7C:OO
~.N
City of Delray Beach
Special Event Permit
Application
PLEASE PRINT
UtLKAl .~"""n
I I 0 . . . A
1993
2001
Event Approved/Denied
Approved/Denied by
1. Event Namerritle: Art & Jazz;
2. Event Date(s): Event Time(s):
Januarv 18th. 2007 6-10 pm
Date of Approval/Denial
Title
3. Event Sponsor/Producer: Downtown Marketina Cooperative
4. Event Contact/Coordinator: Mariorie Ferrer
5. Address: 64 A SE 5th Avenue. Delrav Beach. FL 33483
6. Telephone Number: 561-279-1380 ext 17 Cellular Number: 561-271-3168
7. E-mail Address:Mariorie@delravbeach.com
8. Event Description: Art & Jazz is an event that brines thousands of people to our
downtown area. The purpose is to provide the settine for an open house for
merchants
(If neighborhood block party, then please skip questions #10-35 and go to
question #36)
9. Sponsor Category: (please check) City X Non-Profit/Charitable 0 Private 0
Co- Sponsor - Non-Profit/Private 0
(If Non-profit attach proof of 501c(3), c(4), c(6), c(10) or c(19))
10. Event Location/Address: Atlantic Avenue from NW/SW 5t Avenue to Intracoastal
Waterwav: Street Closures are as follows: Atlantic Avenue from Swinton to NE/SE
th Avenue: Railroad Wav from Atlantic Avenue to North side of allevwav: NE 2nd
Avenue from Atlantic Avenue to south side of Allevwav: Allevwav between NE 2nd
Ave and Railroad Wav;
Site plan attached: yes _X_ no
(Site plan required for entire event site)
12. Event budget attached: yes_X_ no
(Required for all events)
13. Serving or selling alcoholic beverages: yes no_X_
(If yes, copy of license and alcohol liability insurance required two (2) weeks
priorto event)
14. Event certificate of insurance attached: yes_X_ no
(Required two (2) weeks prior to event naming the City as additional insured,
alsorequired for vendors)
15. Playing of amplified music: yes _x_no_
(Waiver required) * Reeuest Waiver of Noise Ordinance
16. Requesting Police assistance: yes_X_ no
(Traffic control/security)
1
17. Will supplement with private security: yes no X
(If yes, need plan attached)
18. Requesting Emergency Medical assistance: yes no _X_
19. Requesting barricade assistance: yes X no
20. Requesting trash removal/clean up assistance: yes X no
21. Requesting trash boxes and liners: yes X no
22. Requesting stage use: yes no X
(If yes, check type)
Larae staae covered X Large stage no cover 0 Small stage 0 Half small
stage 0
23. Requesting signage : yes X no
Type: Event sign (4'x4') _ Directional signs
Banner hanging _yes_Indicate dates required 1 week prior
(Waiver required if more than one (1) week prior to event)
24. Food and beverage vendors: yes no X
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor which is due no later
than one week prior to the event
25. Health Department approval: (see attached) yes no
26. Other vendors: -Sponsors only yes no X
27. Tents: yes X no
(If yes, tent permits and fire inspections maybe needed)
28. Will the event include amusement rides? requiring state approval?
Ves no X
(If yes, type and location and copy of liability insurance required)(Also,
please provide the name, address and contact phone number for each
amusement provider along with copies of their liability insurance)
29. Will the event be gated? Ves no X
(Show on-site map)
30. Will there be fireworks or other pyrotechnics? Ves_ no X
(If yes, contact Fire Marshall)
31. Will there be cooking with compressed gas? Yes no _X_
(If yes, contact Fire Marshall)
32. Will you be providing port-a-Iets for the event? Yes X no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
33. Will there be a charge for the event? Yes no X
(If yes, indicate ticket prices)
34. Is reserved parking requested? Yes no _X_
(If yes, indicate locations)
2
35. Neighborhood Block Parties (Neighborhood block parties only)
. Is event sponsored by the Homeowner's Association? yes_ no_
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following: 1) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event.3)
Consumption or sale of alcohol on City rights-of-way will not be
permitted.4) Structures other than barricades are not allowed in City
rights-of-way.5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
event.
Event Co tr ctor/Coordinator
Please pri
rY
3V\~o(tt~ ~
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 N.W. 1stAvenue, Delray Beach, Florida 33444.
For Staff Use Only
Date Received Application fee received $
Site map
Budget
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501 c(3) or (d) certificate or letter
Health Department approval
Fire I nspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
100.00
3
/
I
(I
Z 1-1 ~:!! ~\ CIl i:'C1I-1\CIl -0 i: \-0 CJ> ~Im! '-13: i: CJ> CJ> \-\~'~
I"I'! 'Ig III _.v c: AI :;:;:\!!l :::r Co, _. I,.!!t ciiQ. <\xl \0 0 III :::r <: ;Q Z
~ ~ < g a ~ =~ <", ~ - ~ · ~ .' 0 ~'.
):0 \):0 l2. 9.!!!.\ "='~ "" ~ . ,. 'I. · ~ · · · · ~ ~ 'c
a '::;; {/O ;. U" \1 ,! ,~r;:,:-o ' i! ,~, · z ca. o. ~ · ~
x = _ Q. 'x ,0 () _ \~ l::l\l:go 8.!!\. OJl\l I,.!!' \~" -CIlCll
!/lI "l:l iD:!! s, \=Ilii'\'~ \0 0 ~ 'I "N
~\ ~I ~ 31 \!~ \ \ r i! \ \ ~ I' ~ ~ \ ~,;
\ I
\ ! \ \ ' : ! \ \~
\ \ \ \ \ ' , !~:~: t~~u~I.\ i~
\ ;'i\ 1] I~\ ~g\ \ \ \ ' li\~\ , " \~~\ '~~ ~U\i\ii ,i
iI,' \~ & 'm\ '\ \ '~\~I\ \ \ ~~\ \~\ \~'\I g:'\ 8\~r~\I\! \ rr \ ~ ~\ \' \ \ \~
\ ~ T l\T\\T\ i \~.\ ,\00\':li\iL'11 III ': \ I \ \' \ \' I'l~
I 0 0', I', '--++1,',0 I ~' '
I ' , ; U IT\lT\!\ IJ n :\~~~ \ ' U UJ n --r~ '\
~~ 1\\\\\~\\\,!;\\\\\!!i\\\IT \\\\\,\ \L
~ i ,\ ~ \ \ \ i \ \ \1 ; i i \ : \ \ ~\! \ \ II \
.. \ ! \ I " ,,' I' ,'I I I ! I ' \ I \ I
6'\ \ ~ I \ \ \ilk' i: \ \ ; ~ ' I jtttTtM~HI i , L\~\~~J@L'\-\
\ I I I I' I" _ 1 " l?> \bo 0) - - 10> -I \
lQ:;: ~ ~, " ! i ' '" \" !, "" I ;, I '!<i g ';;I g g ~Ial
6,il, i osi\ ~h 1--1 \ \8, :~I ' ~\ \;\-fJ\\-H-~!nrr->o\~\l \
"'""'" I I I \ 1 'I \ ,i' ' 'I ,0'0' \ 0 c\ \
~~\ \0-) ,I ',I :' I ,'--> -' \, \:':'iGl' '~~ ~ ~ 0
.,. ,.\ ," ,.' ,~,"" i>' .", , ' ,1\" wI'" l' " "II; Q i
~lsl' It;) 0> Co> g \,"'\Ol;J i \ Ir~lg I~ gag Clig;\ \ \~H' \2l\,g 2l g g '-jlm\ I
., ,. 0.0 ,0;~1 -tt'., ,00 ,0100 oo:o,o!ol ,~'~,o ~ 0 o,"~,--!
....\ \ I : ~ \ ~ ' \ I : : ; \' I \ \ \ :g:~'~:l....\ t.l ~\~~I\~\
t\ i Ol ~~! t-i1m'\ \J'~ ' '\ ~\13\ ~" 'I I I;;; 11 !;o !:,l). ',w, 'I !~gl '8 '8\O;~lgl
0' ,'" 0'" . ~iO" 0 ,0'" ; , I"" ol~ "", 10,000 0 "lh~,
: I'n -i'---r-!i ~~'\I~ I jl! \\"
_\_\- _ _ _ _ _;_ _ _'_ -1- _,_ _,_'- _,_ - -,-,- -1-,-\- - -,- _,_,- -\- - - - - -1-\
, , I \ I' ' I I ' "--' _L-'~--! '
, 0; ~~' 10',",' ' , , '" ~ ~ , Q .:~ ~ g'," " ~i ,i' 1= '" 0 0' ,. !
6.\ '" D! ' ,~, ,', 0 ".. g':i ~'3 ",3'" I" .' 'wI I
~ \ i II 1 i \ \ \ \..'i '\ iF! 'I r\ '\l\ft:1 \ \ \~\ \ 'i '\ 11\ \! & ~\ \ \&1", I
~ \ I., \ \ rttri\T:0~mt~\ \ ',> i \ \ ' 'ti~w~~_;\ ~i~
\ I~\ ~ \ i'! \ ...,J) \ :~I.!-' P'.""' , : ,lln::"\P~\~ D)_m\i
1-> ,'" '.." ,->, \' \~l .,,,,.0, I -.1'...\....\ '0.0'\ \' ,fo 000 0 \~ m
c.n (SI 0 0: __ 10.0\ en 0 0 10\0 10 0 0 CI 0 0
0, ,0 001 D! 10,0 , 0000,0 0' 001000 i
..
~CORD.. CERTIFICATE OF LIABILITY INSURANCE OPI~m{ ""TE~
DQWIrr- 02/09/0&
JIRODUClR 1HII CER11FICATE IS ISSUED" A MAlTER OF INfORMAnON
'the Pla8t:riclVe AgeDcy, l:DC. ONLY AJtD CONFERS NO RIGHTS UPON THE CEltnflCATE
HOLDER. THIS CEItTIFICATE DOES NOT AMEND, EXTEND OR
820 5. ....~al Hlghway ALTER THE COYEMAGE AFFORDED.Y THE POLICIES QELOW.
D.l~.Y ..aah 'L 33~.3
pboDe.S'1-216-S221 .ax:561-276-&244 INSURERS AFFORDING COVIiIWllE HAle .
INIUgD INSURE'll '"~ scouedal.e I._MA. c__r
D.lzoay at-Cll Downt:OWD~SI f IN8UNI!R 8:
~oo..ra~ "lDDA,en, er 0 INlUReR c:
r-rZ'c.~ C t.J of Delny ..ach
.... th ~ 8DU. IN8URiR D;
Delray Beack rL 33483 INBURlfI e:
COVERMEI
THE I'CLICU OF MUMNa; UaTEO llELow NAVEi IEEN 18811&0 TO THE INSURED NAMIlDAIIOVI FOR THI POLICY 1'IR1DD INDO,..D. NO'IWITMBTANDING
ANVIlIi.QUIREMEN'" TERM ORCONPJfION 01' Nj'l'CON'fIW:I' OROM" DQCUMENT W1T1t AElPI!CT TO WI4ICH1HI8CiRfll'I<:ATE MA'\' BE Ill$UEDOR
!MY JllRTAIt THE MU~ClAI'FOllDED BY TI'IE POUCEllOESCR18ED tERSN 1& &IJIl,JS:TTO NoL THE TERMS. su;LU8ION&AIID CONDITIONS OF SUCH
PDLICIiS. AGPHATS LIMmJ SHOWN MAY HAIlE 8\;&N Rl!DI,ICIiO 8V IWD ClAIMS.
:rR I Tm;OJiI~E POLICYNUIIIIO
ClINllIUL L-uTT
A X CC>>MtI!RCIALGlMERALLlA91UlV 0.81218540 01/23/0&
Cl.NM5 MACE \j] OCCUR
C:Ot.lIlNEO SINGLGLIMlT $
1l!8 alddell!)
IOOILY INJUIW S
(PerJlllllllll)
BOQIL Y INolURV I
(Per 8IlQlIIMI)
PAOllERJY cw.&\GE S
(PIlI ..dill\)
AUTO ON1.Y -Ell I\CC1DENT S
OTHERTtVlN IliA Ace:. I
I\l1rOONI,Y; ItIIG S
....,UMBIlILLA lJMIU"'f IiACH OCCUMENC& I
OCCUR o tlAlMS MADE ~Te S
S
allDUCoTI8LE s
IUOTIiN\'ION $ I
_COMPINlIATlON AIIO ' YGR1'
IIIP1.O'tIRI'LlABlUT'I ItL IiACM ACCIDENT S
AMY PROP~AR"NEAll!llI!tUTIVE
g'flCiM R E)iCLUDEm E.\.. tlllEAlE - ~ EMPLOY is
~"~"I' I!.L Dl$IiASE' POLICY LIMn' $
I. p Me belaW
OTNER
lJMI1'&
S 1000000
I 50000
$
. 1000000
$ 2000000
$
DElCiill"nON OF il' N9' U1CATlONS tveHICLII' EXClJIIIONI liIlDED IIYENDoltllMllMl" INC\AL ..
.acial llV_e. _ 'Az'~" Ja.. Oil tlle A'V".' City of Dels:ay Beach i.
li.ted as .ddi~ian.l tn.ured.
CERTIFICATE HOLDER
C%nD-l
CANCELLAnON
IHOUI.O."., CII' TIll! ae_ DElCRI8ED POLICIQ It CANCEL1.l!D "FORI! THt ElCPIM
DAn THlMOF. THE IISJllNG IIUlURIR WILL IiNDEAVDR TO....1. !!- DAYS wwml!N
NOTICE to THEi CBRTIPICAft HOLDER IiIMIiU TO TMI! LIFT. BUT FAILURE TO DO IlO lII4ALL
IJllPOSl! NO OB\JGATION DR IJAIII.m' OF ANY ICIND UPON TIlE lNSUMR, IT, AGENTS OR
f\U'MHN'F,.,.JI/III.
AUT
NTATJI/E
~
ci~y of Dalray .each
100 _.w. 1.~ AveD~.
Delray Beach ~L )3483
ACORb ZS C2D011D8)
II ;!
"c..
." m ~
i i IN
i i ;-
- ~
= c
i D>>
i ~
i 5>>
c N
. 0
no 0
.....
eM..
i II r-
~ 3. a l
. n iE ~
i !. '8 y
: I i
o
o
3
"
CD
CD
Q.
.-
t:!
.-
~
o
en
. _,",wnu.. AUUIIIUNAL IN II:KI:~ I OP 10 S~ 11/08/2006
AGENCY 1lI1M,NrfO. Exl): 561-276-5221 APPLICANT (First Named Insured) I [A1~~tfo, Ext):
I f~ No\: 561-276-5244 Delray Beach Downtown
The Plastridge Agency, J:nc.
820 N. Federal Highway
Delray Beach FL 33483
Thomas E. Lynch
EFFECTIVE DATE ,1 EXPIRATION DATE I cO/PLAN Scottsdale Insurance Company
CODE: I SUB CODE: 01/23/07 01/23/08
AGENCY CUSTOMER ID POLICY NUMBER: CLS1218540
DOWNT-2 ACCOUNT NUMBER:
INTEREST I RANK: NAME AND ADDRESS I REFERENCE #: I X I CERTIFICATE REQUIRED INTEREST IN ITEM NUMBER
- I BUILDING:
~ ADDITIONAL INSURED City of Delray Beach LOCAnON: 1
LOSS PAYEE VEHICLE: I BOAT:
-
MORTGAGEE SCHEDULED ITEM NUMBER:
- 100 NW 1st Avenue OTHER
LIENHOLDER
- Delray Beach FL 33483 l.
EMPLOYEE AS LESSOR
- i4i Art
ITEM DESCRIPTION: & Jazz Events
INTEREST I RANK: NAME AND ADDRESS I REFERENCE #: I X I CERnFICATE REQUIRED INTEREST IN ITEM NUMBER
- I BUILDING:
~ ADDITIONAL INSURED Florida Dept of Transportation LOCATION: 1
LOSS PAYEE VEHICLE: I BOAT:
-
MORTGAGEE SCHEDULED ITEM NUMBER:
- 1211 Governors Square Blvd#100 OTHER
LIENHOLDER
- Tallahassee FL 32301
EMPLOYEE AS LESSOR
-
ITEM DESCRIPTION:
INTEREST I RANK: NAME AND ADDRESS I REFERENCE #: I X I CERTIFICATE REQUIRED INTEREST IN ITEM NUMBER
- I BUILDING:
X ADDITIONAL INSURED Florida East Coast Railway LOCATION: 1 .
- l I BOAT:
LOSS PAYEE VEHICLE:
-
MORTGAGEE One Malaga Street SCHEDULED ITEM NUMBER:
- P.O. Box 1048 OTHER
LIENHOLDER
- St. Augustine FL 32085-1048
EMPLOYEE AS LESSOR
-
ITEM DESCRlPnON:
INTEREST I RANK: NAME AND ADDRESS I REFERENCE #: I X I CERTIFICATE REQUIRED INTEREST IN ITEM NUMBER
- I BUILDING:
X ADDITIONAL INSURED Colony Hotel LOCATION: 1
- I BOAT:
LOSS PAYEE VEHICLE:
-
MORTGAGEE SCHEDULED ITEM NUMBER:
- 525 East Atlantic Avenue OTHER
LIENHOLDER
- Delray Beach FL 33483
EMPLOYEE AS LESSOR
-
ITEM DESCRIPTION:
INTEREST I RANK: NAME AND ADDRESS I REFERENCE#: I X I CERTIFICATE REQUIRED INTEREST IN ITEM NUMBER
J[l ADDITIONAL INSURED Palm Beach County Board of LOCATION: :1. I BUILDING:
....::: I BOAT:
LOSS PAYEE County Commissioners VEHICLE:
-
MORTGAGEE c/o Parks Dept.SpEventsDpt SCHEDULED ITEM NUMBER:
- 2700 6th Avenue South OTHER
LIENHOLDER
- Lake Worth FL 33461
EMPLOYEE AS LESSOR
-
ITEM DESCRIPTION:
~TEREST I RANK: NAME AND ADDRESS I REFERENCE #: I I CERTIFICATE REQUIRED INTEREST IN ITEM NUMBER
- I BUILDING:
ADDITIONAL INSURED LOCAnON:
- I BOAT:
LOSS PAYEE VEHICLE:
-
MORTGAGEE SCHEDULED ITEM NUMBER:
- OTHER
LIENHOLDER
-
EMPLOYEE AS LESSOR
-
ITEM DESCRIPTION:
ITEREST I RANK: NAME AND ADDRESS I REFERENCE #: I I CERTIFICATE REQUIRED INTEREST IN ITEM NUMBER
- I BUILDING:
ADDITIONAL INSURED LOCATION:
- I BOAT:
LOSS PAYEE VEHICLE:
MORTGAGEE SCHEDULED ITEM NUMBER:
LIENHOLDER OTHER
EMPLOYEE AS LESSOR
ITEM DESCRIPTION:
:ORO 45 (2003/04)
@ ACORD CORPORATION 1993
/
JB6IL
HOL~ ", .. '.-'. " MENT
The Delray Beach Downtown Marketing Cooperative (comprised of the
Community Redevelopment Agency, Downtown Development Authority,
Chamber of Commerce and the City of Delray Beach) agrees to indemnify, hold
harmless and defend the City of Delray Beach, its agents and employees from all
suits, actions and claims including attorney's fees and costs attendant to any
claim, litigation, administrative proceeding, appeal and judgment of every name
and description brought against the City a~ a result of loss, damage or injury to
person or property arising from and in exchange for the Delray Beach Downtown
Marketing Cooperative use of City Facilities or property for the special event of
*-.br Mt) ;111--1.'2- .IV TII~ AIIIINi/G' and hereby releases the City
of t)elray Beach, its agents and employees from all suits$ actions and claims
including attorney's fees and costs attendant to any claim, litigation,
administrative proceedings, appeal and judgrnent of every name and description
brought against the City as a result of loss, damage or injury to person or
property arising from the special event of ,4Ar ~N/)' fA.12- DAI TH6 .A tltlV"~
* This Indemnification and Hold Harmless and Defend Agreement is only to the
extent of insurance maintained by the Delray Beach Downtown Marketing
Cooperative as covered under ScQttsdale Insurance Company Policy number
CLS 1218540.
~ler.Vi~
Comm .' 0 enc
\
IS Carbo , hai.
Downtown Development Authority
~~~
William Wood, Pre (fent
Chamber of Commerce ~
~/f~~ ~
Robert Barcinski, Assistant City Manager
City of Delray Beach
Revised 4/21/06
~
[ITY DF DElRAY BEA[H
DELRA Y BEACH
~
All-America City
, , III!
.. 56'j J24.3-
MEMORANDUM
1993TO:
2001
FROM:
DATE:
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
December 18, 2006
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING JANUARY 2. 2007
SPECIAL EVENT REQUEST - ASIAN FOOD FAIR AND CULTURAL SHOW
ACTION
City Commission is requested to consider approval of the 4th Asian Food Fair and Cultural Show being held in Delray
Beach sponsored by the Bangladesh Association of Florida which is proposed to be held on March 24th and 25tn,
2007 on the grounds at Old School Square and in the Old School Square parking lot from 10:00 a.m, to 10:00 p,m.
Commission is also requested to grant a temporary use permit per LOR's section 2,3.6(F) for the closure and use of
the Southwest section of Old School Square parking lot and City Hall parking lots and to authorize staff support for
traffic control and security, site clean up and trash removal, EMS assistance and event signage,
BACKGROUND
Attached is an event permit request from Mohammed Emran, President, Bangladesh Association of Florida for this
event proposed to be held March 24th and 25th on the grounds of Old School Square and in a portion of the Old
School Square parking lot. Also attached is the site plan and budget.
The site would be fenced and there will be an admission charge. No alcoholic beverages will be sold. Mr. Emran is
requesting City staff support for security and traffic control, EMS services, clean up and trash removal and event
signage. He is also requesting that the City obtain the use of the County parking garage,
The purpose of this festival is to celebrate Asian and Pacific American Heritage and promote cultural diversity.
The estimated staff overtime costs for the event are $13,560 with an additional estimate of $250 for event signage
and $230 to man the parking garage, The event sponsor does have a 501 (c) (3) designation, Per our event policies
the event sponsor will be required to pay $3,800 for overtime costs and signage and $230 for parking lot costs
(County garage) for an estimated total of $4,030,
RECOMMENDATION
Staff recommends approval of the event, the temporary use permit, staff support as requested, signage and
authorization for staff to obtain an agreement for use of the County parking garage with the event sponsor paying
manning costs, Signage would be put up no earlier than March 14th,
This recommendation is given with the following conditions:
1. The City be provided with a certificate of liability insurance from the amusement ride operator prior to the
event.
2, The City be provided with a copy of the State inspection certificate for amusement rides prior to operating
any such rides.
3, The City be provided a copy of the event liability insurance and hold harmless agreement ten days prior to
the event.
RAB/rd
Cc: Peggy Murphy
@
T
EF
i \i\IA"{S'M/~CI TF=P~.
,~'.' v"" ...... -\ _ '_k_m _ I ,_..'
g.o
City of Delray Beach
Special Event Permit
Application
DElRAY BEACH
. l 0 . I 0 "
tr1'td
'rnr
1993
2001
PLEASE PRINT
Event NamefTitle: 'AsiAN F~oj) FAil? ,A-N"j) C~LTLlfJ\L S~~ :2007
Event Date(s): ~ iM AND 'l.51H hIlARCH. SaTi41J)AY 1}rJJ) ~uNDA'( 2001.
Event Time(s): 10 AM. f 0 PM 80111 J)A Ys
Event Sponsor/Producer: Bf\NG-lAD fSH A.s..sccl A TIOf'l Df fLo (l.1])A
N\t> ~^MlAtD fMMN
.s~/, ,~
Event Contact/Coordinator:
,/ '" .' ,; l .~.:
Name:
'.
. Kop-(i:A
r '3>lft I L ,
Sponsor Category (please check) City 0 Non-Profit/Charitable ~ Private 0
Co-Sponsor - Non-Profit/Private 0
(If Non-profit attach proof of 501c(3) or (d))
Site plan attached yes
(Site plan required for entire event site)
v
no
\/
no
1
Event certificate of insurance attached yes~ no /
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
no
no
no
Requesting Emergency Medical assistance yes V
Requesting barricade assistance yes l>(
FroVVl 'S l-te ~ fl\p ~o;- r~ 0... ~~
Requesting trash removal/clean up assistance 'Yes V
no
no /
~12('~
no
Requesting trash boxes and liners yes V no
Requesting stage use yes V no
(If yes, check type) _ ../
Large stage covere~ _L:rge stage no covel 0 Small stage 0 I
Half small stage 0 (\Of.v\-~,..:.>~~ ~'S..te.. fVl""p wit u.J~_
p1\U ~ llao() :Lta,;~ ~ l- '2-/t~
Requesting signage yes V no
Type: Event sign ~ Directional signs v
Banner hanging v Indicate dates required V
(Waiver required if more than one (1) week prior to event)
Food and beverage vendors
If yes, approximate number SO
Health Department aPE:~v~~.b ~ f\
-Tn.'S l,!t vlL4 rODCI
-?) V ~-
Other vendors
yes v/'
yes v'
yes ~
Tents yes ~
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides yes V no
(If yes, type and location and copy of liability insurance required)
yes ~
no
no ~/nr
no
no
Will the event be gated
(Show on-site map)
no
2
Will there be fireworks or other pyrotechnics
(If yes, contact Fire Marshall)
yes
no
v
yes
v
no
Will there be a charge for the event
(If yes, indicate ticket prices)
4$1.00
yes
v
no
Is reserved parking requested
(If yes, indicate locations)
yes
v
no
~~ tL---~
Event Contractor/Coordinator
Please print:/;1 t'h d' n?Y11..J' J(" ~m r>f/}
o v -llf-~oolD
Date
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use On~ / f
Date Received ~ I 3 V c...
Site map ~
Budget V
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501 c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
Application fee received $
3
tIIlliu ruu' rai, , ~ulillf~ i.ow ,i,v;
,
I;:.::
!~i-~~ ,
f':~.{,
1104 HATTERAS CIRCLE, WEST PALM BEACH, FLORIDA, U.S.A. 33413. PHONES: (561) 351.5019 (954) 873-1411 FAX: (561) 686-1128.
Festival committee:
Mohammed Emran
Chairman
561-351-5019
~~
Convener
561-876-2255
mIIImm!m
Secretary General
954-873-1411
:::~
Cultural Chairman
954-249-1033
--
Finance Chairman
954-803-3944
Ii~~-'...A'&'a.~~~~~~~;
Magazine Chairman
561-281-4935
-
Stall Chairman
954-415-2716
~-_"Il.r..._....(.~
Advertisement Chairman
954-304-0655
-
Publicity Chairman
954-421-5142
rJh".e.li1m~..e.t:1m:1 . - .
Fund Raising Chairman
561-985-3162
-
AudioNideo Chairman
561-502-7770
Akthar Chowdhur
Media Chairman
561-574-0499
Hablbur Rahman
Discipline Chairmar,
954-401-9612
Allsan Habib Tlpu
Stage & Decoration
561-827-6950
,Hossain Rinku
I f':eception Chairman
561-502-6323
Sera'ullslam Talukda
Technical Chairman
561-929-2583
Ik'lri1nn..IUI:l'P'-
Web Master Chair;.,.,.;.;.,
305-491-1281
Jahir Ahmed Jewel
Coordination Chairman
561-685-5608
Asian Food Fair & Culv..!r~! S!i~"'yTyT 20C7
March 24th and 25th
Revenue:
Income:
Advertisement = $10,000
Donations =$19,500
Entrance Fee = $25,000
Vendors = $7,500
Total $62,000
.~
The above is the estimated income of the Asian Food Fair alld
Cultural Show, at most cases the actual income is higher than tile
estimgt,pd ."1'..--....._ .f' "#'to,..... O,....~'t' .......___ :_~_____J-'!__ _1____ ....J_..,'~
hesilalt~ to call lY.l.Oua"ulI~U ~I..n... at \:;)O.l.J .):;).l-~U.l~. _~
~I'al ftA J L!.. ,. '..-''--___1 ~I. hn ft~~~A"
,:~ -~~ - ~ vVI r dlI I ~1II1U1iU lOW " 'V I
~~t:~rt~~1104 HATTERAS CIRCLE, WEST PALM BEACH, flORIDA, U.S.A. 33413. PHONES: (561) 351.5019 (954) 873-1411 FAX: (561) 686-1128.
Festival committee:
Mohammed Emran
Chairman
561-351-5019
~-
Convener
561-876-2255
~
Secretary General
954-873-1411
~ -:~~
Cultural Chairman
954-249-1033
Asian Food Fair & Cultural Show 2007
March 24th and 25th
Budget Projections:
Rafiqul Haque
Finance Chairman
954-803-3944
~"'lt.I'llll~
Magazine Chairman
561-281-4935
~1~
Stall Chairman
954-415-2716
Expenses:-
Site rental = 5200
Insurance = 1000
Fencing = 5000
Tent =16000
Magazine = 4000
Children Activities = 1800
Performer = 5000
Donations = 5000
Volunteer Hospitality = 1500
Advertisement = 4000
Scholarship = 1300
Printing = 1800
Accounting = 500
Total = 52100
n Chowdhury Apu
Advertisement Chairman
954-304-0655
-
Publicity Chairman
954-421-5142
Arif Ahmed Ashraf
Fund Raising Chairman
561-985-3162
-
AudioNideo Chairman
561-502-7770
Akthar Chowdhur
Media Chairman
561-574-0499
Habibur Rahman
Discipline Chairman
954-401-9612
Ahsan Habib Tlpu
Technieal Chairman
561-929-2583
Sera'ullslam Talukda
Reception Chairman
561-502-6323
~Jtaker Hossain Rinku
Stage & Decoration
561-827-6950
.~
The above is the estimated expenses for the Asian Food Fair and
Cultural Show, at most cases the actual expense is higher than
~~:'~:e::~:; t::~~~:'h;:::i E~;;':~~~~i~;5i~~1~. i'!~:::: I
Mohammed A .
Web Master Chairman
305-491-1281
Jahir Ahmed Jewel
Coordination Chairman
561-685-5608
, .r
"
,.
,
I
~I
<(
~I
~I
I
I
I
j
I
\
r
I
I
I
I
I
I
I
I
\
~I
EB
I
I I
I I
~""'I
I I
I I
i ~,
I I
i i.
s
---.....
/' ....
I ~ \
I \
~ "'m )
1-~j
-
~
~
f.
q:
8
~ '-,
~I
~[-
1 . .._ ,. ..., ..,... .,. - I .. .
L _ _.._ __ _,_" ,.. ___, _ __... _ __ _ __ _, _.__.., _ __n' _ ___ _ _,_ - -..-1.._ - -.- -. ,
3nN3A'I" :::lllN'<7'll'l" 19V3
,,---.
~
[ITY DF DElRAY BEA[H
DELRAY BEACH
F l 0 Ii: I n A
.. 56;
-..e.d
AII.America City
" III!
MEMORANDUM
1993
200TO:
FROM:
David T. Harden, City Manager
o/J Robert A. Barcinski, Assistant City Manager
December 19, 2006
DATE:
SUBJECT:
AGENDA ITEM # CITY COMMISSION MEETING JANUARY 2 2007
APPROVAL SPECIAL EVENT - CINCO DE MAYO FIESTA
ACTION
City Commission is requested to endorse the 9TH Annual Cinco De Mayo Fiesta to be held on Saturday,
May 5, 2007 from 1 :00 p. m, - 11 :00 p, m, at Old School Square, to grant a temporary use permit per LDR
Section 2.4,6(F) for the use of City parking lots at City Hall and to authorize staff support for security,
trash removal and signage preparation and installation, The event sponsor is also requesting use of the
South County Courthouse parking garage, Library lot and use of two light towers and a City generator.
Site set up is to begin at 8:00 a,m,
BACKGROUND
Attached is an event permit, site plan, budget and letters received from Ms, Janie Rameriz, Chairperson
of the Fiesta, Cinco De Mayo celebrates the date Mexican soldiers defeated the French at Puebla
Mexico, This celebration is a party that represents freedom and liberty, The committee is composed of
Hispanic residents of our City.
The event will be held on the Old School Square site, The event committee will be responsible for event
management, liability, insurance, vendor approval, site set up and fencing, The estimated overtime cost
is $5,150, $125 to man the County garage from noon to 5:00 p.m. and $250 for signage for a total
estimate of $5,525, The event sponsor will be required to pay approximately $1,885 for City costs but will
have to rent the light towers and pay the charge for them, Per event policies and procedures there is no
charge for the first $1,000 of City costs.
Since alcoholic beverages will be sold and they will be charging admission, the site will be secured to
contain alcohol consumption on site. We also would require that all alcoholic beverages be served in
paper or plastic cups, no bottles, Since the Library is open on Saturday afternoons we will not be able to
use their lot.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit for the use of City
parking lots, staff support for traffic control and security, and signage preparation and installation. Also
approve staff to request the use of the South County Courthouse parking garage with the event sponsor
paying the costs to man the garage from noon to 5:00 p,m, and light tower costs, Approval to be
contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance
and liquor liability insurance.
RAB/rd
@ Printed on ,Pec}'c/i"i
THE: EFFORT ALWAYS MATTERS
~
YV
City of Delray Beach
Special Event Permit
Application
DElRAY BEACH
~
AHIIRaClty
, III I!
1993
2001
PLEASE PRINT
Date of Approval/Denial
Title
Event Approved/Denied
Approved/Denied by
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
12.
Event NamelTitle: (:.,,, ~ A lJ e mA yo
Event Date(s): fr\ A'( S~ 2po7
tv I""" ~ lA..fl d ~ 1'9"" .
~
Event Time(s),; 'r./~m rp
I ~ "Cphf - 1/ : Ptllm
Event Sponsor/Producer: (J 0 0 ttr ~
Event ContactlCoorpinator: ~ ' e. . e ~
Address:! /CJ7"S-fA,'ei( IAnel A.d &A-KA) S. tv, q - ve;
Telephone Number: 5,,1-2.7'-- 3~ q6. ellular Number: 5/'1- bClI-"2-y ~S-
E-mail Address: ::r (},e ~ q lZ a. () '- I e... 0 n1
Event Description: ~-AI ~ f,.(O.d4!-,
13.
(If neighborhood block party, then please skip questions #10-35 and go to
question #36)
Sponsor Category: (please check)
Co- Sponsor - Non-Profit/Private 0
(If Non-profit attach proof of 501c(3), c(4), c(6), c(10) or c(19))
Event Location/Address: -'!LJ d "5 f _,",-0 0 I s ~ U-. 8t r e.
S J Nt '5 w~ 11\.40,0 li-U.ll-. 1:> I 8 .
Site plan attached: yes v~
(Site plan required for entire event site) ./
Event budget attached: yes ~
(Required for all events) , ~
Serving or selling alcoholic beverages: yes V" no
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
Event certificate of insurance attached: yes no V
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music:
(Waiver required)
Requesting Police assistance:
(Traffic controUsecurity)
City EJ Non-Profit/Charitable ~ Private 0
no
no
14.
15.
16.
V"
/
no
no
yes
yes
1
~
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
yes
no t/'"'
Will supplement with private security:
(If yes, need plan attached)
Requesting Emergency Medical assistance: yes
Requesting barricade assistance : yes ~
Requesting trash removal/clean up assistance: yes 'C-
Requesting trash boxes and liners: yes
Requesting stage use: yes
(If yes, check type)
Large stage covered D Large stage no cover D Small stage D Half small
stage D /'"
Requesting signage : yes V no .
Type: Event sign (4'x4') Directional signs t.;",1'ow ~ 1-~~ A1IJtKf,~
Banner hanging Indicate dates required1l/!lJ.iJ..,; a.~7
(Waiver required if more than one (1) week prior to event)
Food and beverage vendors: yes ~ no
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor which is due no later
than one week prior to the event ~ ~U U~
-rQ~-~~J ~~
Health Department approval: (see attached)' yes V~ no
Other vendors: yes a/ no
Tents: yes~:V no ~
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides? requiring state approval? , ./
yes no ~
(If yes, type and location and copy of liability insurance required)(Also,
please provide the name, address and contact phone number for each
amusement provider along with copies of their liability insurance)
no
no
no
no
no
v-
~
yes
v
Will the event be gated?
(Show on-site map)
Will there be fireworks or other pyrotechnics? yes
(If yes, contact Fire Marshall) /"
Will there be cooking with compressed gas? yes
(If yes, contact Fire Marshall)
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 event7
(If yes, indicate ticket prices)
Is reserved parking requested?
(If yes, indicate locations)
no
no
..............
no
yes
v
/
no
yes _'
no
2
35. Nei hborhood Block Parties Hei hborhood block arties onl
. Is event sponsored by the Homeowner's Association? yes_ no_
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following: 1) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event.3)
Consumption or sale of alcohol on City rights-of-way will not be
permitted.4) Structures other than barricades are not allowed in City
rights-of-way.5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
event.
=t.fY' I r.. y-- of) 6
ate
iVe2
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 q'l/y.
Date Received~' '"3. 0 <0
Site map ~
Budget ."r
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval ' ./
501c(3) or (d) certificate or letter y
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
.u J-~"-
Application fee received 00'
~
3
Hispano-Latino Cultural Alliance, Inc.
Budget for Cinco de Mayo
Budget
2007
Income
4100. Cinco de Mayo
Total Income
30,175.00
30,175.00
Expense
5000 . Event Expenses
5100 . eJif,z!A-hU A menf
5200 . Advertising
5300 . Rent
5400 . Prizes
5500 . Food and Beverages
5600 . Decorations
5700 . Insurance
5800 . Supplies
5900 . Security
5999 . Petty cash for Event
Total 5000 . Event Expenses
5,000,00
2,700.00
4,175.00
1,750.00
3,500.00
600.00
2,200.00
1,000.00
1,250,00
3,000.00
25,175.00
Total Expense
25,175.00
Excess of Income over Expenses
5,000.00
Page 1 of 1
"'~
I
I
,
I
I
I
I
I
,
I
I
I
I
,
I ".,
L_________
tJ
------------------------ ~-------
-1-- _
i
I
I
i --:
o~
I
,
I
I
I
I
,
I
I
I
i~
~
,~
~
\
I
I
,
I
w'
~I
w,
~I
z,
~I
~i
emu d~ I"tvJ.t,tJ ~"d
SL+. filtL4 5,
~
---"'lSV3
---- ?1J.N'tfllv
------ 3nN3^",
,
_J__
MEMORANDUM
TO:
David Harden, City Manager
Lula Butler, Director of Community Improvement lb
Elizabeth Alpert, C.D. Administrato~
December 22, 2006
THRU:
FROM:
DATE:
SUBJECT:
2006-2007 Community Development Block Grant Sub recipient
Funding Agreement with Fair Housing Center ofthe Palm Beaches
ITEM BEFORE THE COMMISSION:
Approval is requested to execute an agreement for funding with the above listed sub
recipient under the 2006-2007 Community Development Block Grant (CDBG) Program.
BACKGROUND:
In accordance with 24 CFR 570.301, a Public Hearing was held before the City
Commission on July 25, 2006, to obtain public comment on the proposed budget for the
approval of the Community Development Block Grant Consolidated Action Plan for
fiscal year 2006-2007. The Action Plan contains an appropriation for the Fair Housing
Center of the Palm Beaches and was approved by the Commission.
CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the
disbursement of funds to sub recipient organizations, specifying the work to be
performed and reporting requirements, among other requirements and governing
provisions. These agreements have been developed in accordance with the stated
regulations and have been reviewed and approved by the City Attorney for legal
sufficiency and form.
RECOMMENDATION:
Staff recommends approval and execution of the attached agreements in order that
funding may proceed in accordance with the Commission approved Action Plan for fiscal
year 2006-2007.
~
~.Q
FY 2006 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF DELRA Y BEACH
and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES. INC.
THIS AGREEMENT is entered into between the CITY OF DELRA Y BEACH, a
Florida municipal corporation, hereinafter referred to as "CITY," and FAIR HOUSING CENTER
OF THE GREATER PALM BEACHES, INC., hereinafter referred to as "the CONTRACTOR,"
having its principal office at 1300 West Lantana Road, Suite 100, Lantana, Florida 33462.
WIT N E SSE T H:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the CONTRACTOR to implement an
activity of the Delray Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4 "Program Income" means gross income received, directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6 "Low- and Moderate-Income" means a household whose income is within specified
income limits set forth by HUD.
1.7 Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
1
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a nonconsumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Puroose
The purpose of this Agreement is to state the covenants and conditions under which the
CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE /I
STATEMENT OF WORK
The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1 The maximum amount payable by the CITY under this Agreement will be Five Thousand
Dollars and 00/100 ($5.000.00).
3.2 The CITY will be billed by the CONTRACTOR and will disburse $1,000.00 per
seminar/session. Bills shall be submitted by the CONTRACTOR at least two weeks in
advance.
3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit
for each seminar/session conducted, the following documentation:
a. An agenda displaying the date, time, and location of the session/seminar conducted
(the CD Division must have been notified in advance of the same, as required in the
Scope of Service, item (b);
b. A list of invitees/attendees for each session/seminar;
c. A request for funds/invoice;
d. Proof that each seminar/session was adequately advertised and marketed to
residents of Delray Beach, in an effort to ensure maximum participation and
effectiveness (i.e. marketing tools used, copy of flyers/invitations/newspaper ads, and
a narrative of other efforts made (activity report);
e. A grantee performance report generated for each seminar showing summary statistics
on race, ethnicity, and income level of clients served by the program.
3.4 Release of funds is subject to the approval of the Director of Community Improvement.
2
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1,2006, to September 30,2007.
ARTICLE V
SUSPENSION AND TERMINATION
5.1 Termination/Suspension of Pavments/Aareement for Cause: If through any cause either
party shall fail to fulfill in timely and proper manner its obligations under this Agreement,
or if either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement or
suspend payments in whole or in part by giving written notice of such termination or
suspension of payments and specify the effective date of termination or suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the CONTRACTOR as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
5.2 Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the
CONTRACTOR will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this
Agreement, the CONTRACTOR may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination, the
CONTRACTOR shall be paid for services rendered pursuant to this Agreement through
and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
6.2 The CONTRACTOR agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
3
ARTICLE VII
PROGRAM INCOME
The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the CONTRACTOR and used for costs
that are in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
CONTRACTOR use program income to pay for charges or expenses that are specifically not
allowed pursuant to the terms of this agreement and applicable federal regulations or rules.
The use of program income by the CONTRACTOR shall comply with the requirements set forth
at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDSG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1 Federal. State. County and CITY Laws and Reaulations: The CONTRACTOR shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A-122, OMS A-21 , OMB A-133.
The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of
race, color, religion, sex, or national origin; Executive Order 11246, as amended which
requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub.L 94-163) which requires mandatory standards and policies
relating to energy efficiency.
The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The CONTRACTOR shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The CONTRACTOR shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The CONTRACTOR does not assume the CITY's environmental responsibilities
described at 570.604, and
4
b. The CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
9.2 Opportunities for Residents and Civil Riahts Compliance: The CONTRACTOR agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. To the greatest feasible extent,
lower-income residents of the project areas shall be given opportunities for training and
employment; and to the greatest feasible extent, eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded
contracts in connection with the project.
9.3 Evaluation and Monitoring: The CONTRACTOR agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The CONTRACTOR agrees to furnish upon request
to the CITY and make copies of transcriptions of such records and information as is
determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set
by the CITY and at other times upon request, information and status reports required by
the CITY to enable the evaluation of said progress and to allow for completion of reports
required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to
monitor its agency on site. Such site visits may be scheduled or unscheduled as
determined by the CITY or HUD.
9.4 Audits: Nonprofit organizations that expend $300,000 or more annually in federal
awards shall have a single or program specific audit conducted accordance with OMS A-
133. Nonprofit organizations that expend less than $300,000 annually in federal awards
shall be exempt from an audit conducted in accordance with OMS A-133, although their
records must be available for review. These agencies are required by the CITY to
submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit
shall cover a time period of not more than 12 months and an audit shall be submitted
covering each assisted periOd until all the assistance received from this agreement has
been reported on. A copy of the audit report must be received by the CITY no later than
six months following each audit period.
The CONTRACTOR shall maintain all records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
9.5 Uniform Administrative Reauirements: The CONTRACTOR agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The CONTRACTOR is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMS Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations."
5
b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment B).
c. Applicable provisions of 24 CFR 570.502.
9.6 Lobbvina Prohibition: The CONTRACTOR shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal Agreement, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
Agreement, and the extension, continuation, renewal, amendment, or modification of
any federal Agreement, grant, loan, or cooperative Agreement.
The CONTRACTOR shall disclose to the CITY if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal Agreement.
9.7 Section 3 Reauirements: The CONTRACTOR agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The CONTRACTOR shall include the
following, referred to as the Section 3 Clause, in every solicitation and every contract for
every Section 3 covered project:
Section 3 Clause
a. The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
low-and very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
-
c. The CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the CONTRACTOR's commitment under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
6
d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in this
Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any
subcontractor where the CONTRACTOR has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
e. The CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the CONTRACTOR is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part
135.
f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
9.8 Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community
Improvement Department, certificate(s) of insurance evidencing coverage that meets the
requirements outlined in Attachment C.
9.9 Property: Any real property under the CONTRACTOR's control that was acquired or
improved in whole or in part with CDSG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDSG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDSG national objective, in which case the CONTRACTOR shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDSG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the CONTRACTOR's control that was acquired or improved in
whole or in part with CDSG funds from the CITY for $25,000 or less shall be disposed of,
at the expiration or termination of this contract, in accordance with instructions from the
CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the CONTRACTOR after being purchased in
whole or in part with funds from the CITY, shall be listed in the property records of the
CONTRACTOR and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the CONTRACTOR, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDSG national objective that will be
met. If the property was improved, the records shall describe the programmatic purposea
7
for which the improvements were made and identify the COBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
CONTRACTOR and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time of
acquisition, present market value, property inventory number, information on its
condition, and information on transfer, replacement, or disposition of the property.
The CONTRACTOR shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the CONTRACTOR pursuant to the
terms of this agreement. The CONTRACTOR shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return of
all such property to the CITY.
9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any overpayments
due to unearned funds or costs disallowed pursuant to the terms of this Agreement that
were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30
days of expiration or termination of this Agreement execute any and all documents as
required by the CITY to effectuate the reversion of assets. Any funds not earned, as
described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration
or termination of this Agreement shall be retained by the CITY.
9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
9.12 Reneaotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and/or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
9.13 Rioht to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
CONTRACTOR shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
8
days of receipt and so advise the CITY and the CONTRACTOR, or in the event
additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day
period that additional time is necessary. The CONTRACTOR agrees that the City
Manager's determination shall be final and binding on all parties.
9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and
hold harmless and defend the CITY, its agents, employees, and elected officers from
and against any and all claims, demands or causes of action of whatsoever kind or
nature arising out of error, omission, negligent act, conduct or misconduct by the
CONTRACTOR, its agents, employees or officers in the performance of services under
this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
WITNESSES:
~~~
f2~~Ar
STATE OF FLORIDA
COUNTY OF PAlM BEACH I J
The foregoin instrument was acknowledged before me this /A~ay of ( {!(Jfmw ,
200lu.., by . ~ LOJ1lJri~ ,who is personally known to me.
By:
HOWII'PUIUC Ferllne F. Mesldort
diil Commission # 00552980
~ Expires May 16, 2010
IfM'E OF FlOflIDA l!on4ed Till, Filii. """nce,Inc, 801).385-7019
~
~~~~ mA1.d~
Print t~n6 F. lnf~fDGrt:r
Personally Known / OR Produced Identification
Type of Identification Produced:
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
City Clerk
Approved as to form:
City Attorney
9
ATTACHMENT "A"
SCOPE OF SERVICES
The major focus of the Fair Housing Center of the Greater Palm Beaches, Inc. under
this Agreement will be to provide a minimum of five (5) Housing Industry Provider /
Community Education Sessions for residents of Delray Beach, including school-age
children and community organizations, upon the following terms and conditions:
a. All five (5) seminars and sessions will be accomplished during the effective date
of the contract period (October 1, 2006 through September 30, 2007).
b. Each seminar or session will be conducted following notification of the CD
Division regarding date, location and the submittal of supporting documentation
(Le. flyers, marketing tools, advertising efforts, etc.).
c. Each seminar/session must be adequately marketed to residents of Delray
Beach, in an effort to ensure maximum participation and effectiveness (copies to
be submitted to CD Division prior to seminar/session).
d. Reimbursement of expenses will be provided upon completion of each
seminar/session, at the predetermined amount of $1,000.00 per seminar/session,
with the total maximum reimbursement not exceeding $5,000 (for the five
seminars/sessions ).
e. All seminars/sessions will be open to participants, free of charge
f. The Fair Housing Center of the Greater Palm Beaches, Inc. shall provide:
1. Community Education Sessions for civic organizations, community based
agencies, social service providers and/or schools within the municipal
boundaries of the City of Delray Beach. These sessions shall be designated
to educate the public and protected classes to identify incidents of
discrimination in housing and to gain an understanding of the means to find
remedies, to seek redress and relief. Sessions are to be conducted citywide
on an ongoing basis during the program year. A minimum of three (3)
sessions shall be conducted during the period beginning October 1, 2006 and
ending September 30, 2007. One (1) of the sessions will focus on the
education of children about housing discrimination.
2. Housing Industry Provider Education Seminars for developers, real estate
brokers, property managers, financial institutions, and the media/advertising
industry. The seminars shall provide information on fair housing laws,
Community Reinvestment Act regulations and affirmative marketing
requirements. A minimum of two (2) seminars shall be conducted during the
period beginning October 1, 2006 and ending September 30, 2007.
......
ATTACHMENT "B"
ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Advertising ..J
Bad debts ..J
Bonding ..J
Communication ..J
Compensation, personnel services ..J
Contingency provisions ..J
Contributions (to others) ..J
Depreciation, use allowance ..J
Donations (from others) ..J
Employee morale, health, welfare ..J
Entertainment ..J
Equipment ...J**
Fines, penalties ..J
Fringe benefits ..J
Fund raising, interest, investment management ..J
Idle facility, idle capacity ..J
Insurance & indemnification ..J
Interest
Labor relations ..J
Lobbying ..J
Losses on other awards ..J
Maintenance, repair ..J
Materials, supplies ..J
Memberships, subscriptions, professional activity ..J
Organization costs ...J-
Overtime, shift premiums ..J**
Page charges in professional journals (research) ..J
Participant support costs ...J-
Patent costs ..J
Pension plans ..J
Plant security ..J
Pre-award costs ..J**
Professional services ..J
Profits, losses on asset disposition ...J*
Public information service ..J***
Publication and printing costs ..J***
Rearrangement, facility alteration ...J**
Reconversion costs ..J
Recruiting ..J
Relocation ...J*
Rental ..J
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
A I I ACHMENT "8"
ITEM OF COST OM8 A-122
(NONPROFITS)
Unallowable Allowable
Royalties, use of patents, copyrights ""
Severance pay ""
Specialized service facilities ""
Taxes ""
Termination-related costs ""
Training, education ""
Transportation ""
Travel "*
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
A IT ACHMENT "C"
INSURANCE REQUIREMENTS
WORKER'S COMPENSATION
This coverage shall include Worker's Compensation Insurance covering all employees and
include Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is
required and must be provided to the CITY via Certified Mail.
COMMERCIAL GENERAL LIABILITY
This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Contractors' Products and Completed Operations and Contractual
Liability. This policy shall provide coverage for death, personal injury or property damage that
could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be ($1,OOO~000) per occurrence, Combined Single Limit
for bodily Injury Liability and Property Damage Liability. ,
THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE
COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be
provided to the CITY via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type
policy.
The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written
notice must be provided to the CITY via Certified Mail in the event of cancellation.
In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non-
owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the
CONTRACTOR indicating the following:
r;;;'yI-J,V.rf~&A~ does not own any vehicles.
"Company Name"
In the event we acquire any vehicles throughout the term of his Contract/Agreement,
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Fonn coverage as Of~f7iSi~../
The CONTRACTOR's Signature: ~~ _
Agenda Item No.: ~
AGENDA REQUEST
Request to be placed on:
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
_X_Consent Agenda
Date: December 21, 2006
When: January 2, 2007
Description of item:
Request to approve and execute sub-recipient agreement with Fair Housing Center of the
Palm Beaches in the amount of $5,000. Funding was allocated under the approved Fiscal
Year 2006-2007 CDBG Annual Action Plan. Funding will be made available from the
CDBG budget.
ORDINANCE / RESOLUTION REQUIRED: YES/NO
Draft Attached: YES/NO
Recommendation
Staff recommends approval and execution of the attached agreements in order that
funding may proceed in accordance with the Commission approved Action Plan for fiscal
year 2006-2007
Department Head Signature:
f)~
1
~.
-
City Attorney ReviewIRecommendation (if
applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~O (,;bL.-
Funding Alternatives: (if applicable)
Account No. & Description: I J 8- /1& {, -- ~ e 2 -12- - Fal/' .;Ious; /1 J ~r
Account Balance: ~f::)i 000 Ct.-!~. h.O<-t;j~(/
City Manager Review:
Approved for Agenda: ~O a'J/'1.
Hold Until: {I r ,
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action : Approved/Disapproved
[ITY OF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
2()() NW 1st AVE"I\E' llFl,RAY BEACH, FLORIDA 33444
TELEPHONE: 561/~-L; Ifill']' FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
~
All-America City
" III! ~;~E:
1993
2001
MEMORANDUM
December 13, 2006
City Commission
David T. Harden, City Manager
.tyt6
FROM:
Terrill Barton, Assistant City Attorney
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 extension for the closing date of
property located at 802 S.W. 3rd Street that the City transferred to the CL T. The
CL T would like to extend the closing date to June 29, 2007. The addendum is
attached hereto.
Please place this matter on the January 2, 2007 City Commission agenda for
consideration.
Thank you.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
David W. Schmidt, Esq.
is.'t<
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, T46S, R43E
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: June 29, 2007.
(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: December
,2006
Date: December _, 2006
\
[ITY OF DElRRY BEA[H
CITY ATTORNEY'S OFFICE
'1iii i\:\V lq AVE:\'
i!.1 IP!I( INF: :'h
R\Y BEACH. FLORIDA 33444
. i.\CSIMILE: 5611278-4755
Writer's Direct Line: 561/243-7091
DElRAY BEACH
F lOll. I D ^
-...e.d
All-America City
" III! ~;~E:
1993
2001
MEMORANDUM
December 18, 2006
City Commission
David Harden, City Manager
Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
FROM:
Susan A. Ruby, City Attorney
FEC Crossing License Agreements and Real Es ate Lease for Four
Parcels of Land
SUBJECT:
We have received the two F.E.C. crossing agreements for N.E. and S.E. 1st
Streets and the Lease for four parcels of land labeled A, B, E and F, as shown on
the attached maps.
Crossina License Aareements
The Crossing License Agreements require the City to pay $4,500.00 for use of
each crossing (for a total of $9,000.00) each year which will be increased by the
CIP. The City will be responsible for costs of signalization installation which is
estimated to be $259,710.00 for one of the crossings and $312,770.00 for the
other. The City is required to pay for the concrete grade crossing surface, as well
as maintenance and for drainage improvements and lighting. The City is required
to indemnify the railroad for the railroads own negligence up to a maximum of 2
million dollars per occurrence and the City shall obtain Commercial General
Liability Insurance, including Contractual Liability Insurance. These Crossing
License Agreements supersede the previous license agreements for these two
crossings.
Real Estate lease for Parcel A. B. E and F
The Lease is from December 17, 2006 through December 16, 2007 with an
additional 12 month automatic renewal. A rental payment of $9,800.00 is due
<Z.S
~
effective December 17, 2007 and another rental payment of $14,000.00 is due
effective December 17,2007 and if renewed, $18,200.00 is payable on December
17, 2008. The City is required to indemnify F.E.C. for any event regardless of fault
of F.E.C. for activities on the leased premises and adjacent thereto limited to 2
million dollars per occurrence. There is a requirement that the City maintains a 2
million dollar per occurrence Commercial General Liability Policy, provide
automobile insurance or be self-insured and Worker's Compensation Insurance or
self-insurance. The Lease supersedes the previous Lease. There is a waiver of a
jury trial in the Lease.
Insurance
We have received a quote of $20,000.00 per year to provide insurance for the two
crossings and the four leased parcels. (See attachment).
Please place the Crossing License Agreements and the Lease of the four parcels
on the January 2, 2007 City Commission agenda for approval and authorization to
bind the insurance coverage required in these Agreements.
SAR:ci
Attachments
cc: Chevelle Nubin, City Clerk
Frank Babin, Risk Manager
~
1"
.
,~ 'fIIlIZ:.
.
~."
Ruby, Susan
From:
Sent:
To:
Subject:
Babin, Frank
Monday, December 18, 200610:47 AM
Ruby, Susan
FW: RR Liability Insurance Quote Requested
Importance:
High
This is quote provided 12/6/06 per your request...
-----Original Message-----
From: Joyce Schwartz@ajg.com [mailto:Joyce_Schwartz@ajg.com]
Sent: Wednesday, December 06, 2006 9:21 AM
To: Babin, Frank; Ruby, Susan
Cc: Lisa_Rodriguez@ajg.com
Subject: Re: RR Liability Insurance Quote Requested
Importance: High
Frank
Per our conversation a few minutes ago, we received word that Aspen
Specialty has resurrected you quote, with the modifications you requested,
as follows:
For only the 4 parcels and 2 crossings the premium is $20,000.
Terrorism can be included for $1,700 additional premium.
All other terms and conditions are as per the insurance company's original
quote.
Frank, please let me know if you have any questions.
Best regards,
Joyce
Joyce K. Schwartz
Account Manager
Arthur J. Gallagher Risk Management Services Arthur J. Gallagher & Co.
(Florida) 8200 NW 41st Street, Suite 200 Miami, FL 33166 Phone (800)
488-3003 ext. 126 Direct (305)639-3126
Fax (305) 592-4049
Please note that the discussion set forth is only an insurance/risk
management perspective and is not legal advice. We do not provide legal
advice and are not permitted to do so. We highly recommend that you seek
the advice of legal counsel in order to become fully apprised on the legal
implications of these issues.
1
Please remember that insurance coverage cannot be bound, altered or changed
byemail. No coverage is considered bound until confirmation is made in
writing by this office. Thank you for your business.
f1Babin, Frankfl
<Babin@ci.delray
-beach.fl.us>
To
<Lisa_Rodriguez@ajg.com>
11/30/2006 03:43
PM
cc
fI Ruby , Susanll
<Ruby@ci.delray-beach.fl.us>,
<Joyce_Schwartz@ajg.com>
Subject
RR Liability Insurance Quote
Requested
Susan Ruby just informed me that the Commission is looking for
$2MM/occurrence (not the $5MM previously considered) in RR liability
insurance (protective, crossing, contractual indemnity) for the following
RR exposures:
Real Estate Lease, dated 12/17/06, for (4) parcels of land which are
identified as being east or west of the railroads right-of-way: A
(east of), B (west of), E (east of) and F (west of) .
License Agreement, undated (received under 6/27/06 cover memo from
Brian Shutt, Assistant City Attorney, to me), for crossings which are
identified as NE 1st Street (FDOT #272491B) and SE 1st Street (FDOT
#2728698). On page 4 of the Agreement, warning devices are Type III
Class III as defined as in Florida Department of Transportation
Schedule of Signal Installations (see Exhibit C) .
Please advise bye-mail if premium can be determined by the next Commission
meeting of Tuesday, 12/5/06, or if not, when. If questions, please call
Susan Ruby at 561-243-7090.
2
~Iese. Cathy
Attachments:
Ruby,Susan
Friday, December 15, 2006 5:04 PM
Inglese, Cathy
Shutt, Brian
FW: City of Delray
317-3-1 City of Delray Beach-Beautification (redline) 12-15-06.doc; NE 1st Street-MP
3163757-City Delray Beach (redline) 12-15-06.doc; SE 1st Street-MP 3165088-City Delray
Beach (redline)12-15-06.doc; 317-3-1 City of Delray Beach-Beautification 12-15-06.doc; NE
1st Street-MP 3163757-City Defray Beach 12-15-06.doc; SE 1st Street-MP 3165088-City
Delray Beach 12-15-06.doc
From:
Sent:
To:
Cc:
Subject:
~ ~ ~ ~ ~ ~
317-3-1 City of NE 1st Street-MP SE 1st Street-MP 317-3-1 City of NE 1st Street-MP SE 1st Street-MP
Delray Beach-B... 3163757-City ... 3165088-City ... Delray Beach-B... 3163757-City ... 3165088-City ...
Cathy,please copy
these so I can get them on the agenda. Thanks
Susan A. Ruby
City Attorney
200 N. W. 1st Ave.
Delray Beach, Fl. 33444
Telephone: 561-243-7091
Facsimile: 561-278-4755
ruby@ci.delray-beach.fl.us
-----Original Message-----
From: Eddins, Heidi (FECI.STA) [mailto:HEddins@feci.com]
Sent: Friday, December 15, 2006 4:59 PM
To: Ruby, Susan
Subject: FW: City of Delray
here are the agreements
> -----Original Message-----
> From: Jones, Sherry (FECI.STA)
> Sent: Friday, December 15, 2006 4:02 PM
> To: Eddins, Heidi (FECI.STA)
> Subject: City of Delray
>
> Attached are the agreements in both clean and redline version.
>
> REDLINE VERSIONS:
>
> > <<317-3-1 City of Delray Beach-Beautification (redline) 12-15-06.doc>> > > <<NE 1st
Street-MP 3163757-City Delray Beach (redline) 12-15-06.doc>> > > <<SE 1st Street-MP
3165088-City Delray Beach (redline)12-15-06.doc>>
>
> CLEAN
>
>
> > <<317-3-1 City of Delray Beach-Beautification 12-15-06.doc>> > > <<NE 1st Street-MP
3163757-City Delray Beach 12-15-06.doc>> > > <<SE 1st Street-MP 3165088-City Delray
Beach 12-15-06.doc>>
> Sherry Jones
> Florida East Coast Industries
> 904-826-2398
> 904-826-2379 (fax)
>
1
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, effective as of the day of , 2006,
is between FLORIDA EAST COAST RAILWAY, L.L.C. (Address: P. O. Drawer 1048, St.
Augustine, Florida 32085), a Florida Limited Liability Company, hereinafter called
"RAIL WAY" and CITY OF DELRA Y BEACH, a political subdivision of the State of Florida,
hereinafter called "CITY",
WITNESSETH:
WHEREAS, the CITY desires to construct, use, maintain, repair, renew and ultimately
remove an at-grade public road crossing across and over the tracks, right of way and property of
RAILWAY, at the RAILWAY'S Milepost 316 + 3,757', more particularly described in Exhibit
A attached hereto and incorporated herein by reference, hereinafter referred to as the
"CROSSING SITE"; and
WHEREAS, RAILWAY is agreeable to permitting the CITY to construct, use, maintain,
repair, renew and ultimately remove the CROSSING SITE under the terms and conditions set
forth herein.
NOW, THEREFORE, for the covenants contained herein and other good and valuable
consideration, the parties agree as follows:
1. RAIL WAY hereby permits the CITY to construct use, maintain, repair, renew and
ultimately remove the CROSSING SITE under the terms and conditions set forth herein.
/,r I ~Il/.)-i.,:,')
Page 1
2. The CROSSING SITE includes any railroad crossing warning signs, crossing
surfaces and automatic crossing warning devices which are, or might be, located within or
adjacent to the above-described location, provided that, the construction of the CROSSING SITE
shan be done by RAIL WAY as provided in this License Agreement ("Agreement") and further
provided that, notwithstanding rights to the CITY granted herein, RAIL WAY reserves the right
to perform an work required on RAIL WAY'S property including construction, drainage, lighting
and vegetation management, in which event CITY shall pay the RAIL WAY the entire cost and
expense of labor, materials and equipment furnished by RAILWAY in performing such work.
The status of the CITY is that of a licensee and not lessee, granting the CITY the right to use the
CROSSING SITE as specified herein.
3. The CROSSING SITE shall be used for public at-grade road crossing purposes only
and no utility, including telecommunications facilities, pipes, wires, cables; or other line or
structure shall be placed in, on or over the CROSSING SITE without the previous consent in
writing of the RAIL WAY. CITY further agrees that it win at all times keep the CROSSING
SITE, together with the additional portions of the RAILWAY'S right-of-way within 325 feet of
the northerly and southerly limits or boundaries of the CROSSING SITE clear of any vegetation
or other growth greater than two (2) feet in height on each side of the tracks at the sole expense
of the CITY and without cost to RAIL WAY or lien upon RAIL WAY'S property.
4. This Agreement is for an initial term of one (1) year and shan continue in effect
thereafter from year to year, subject to termination by the RAILWAY or CITY upon sixty (60)
days prior written notice.
5. CITY shall pay an annual license fee in advance to RAIL WAY of $4,500.00 (Four
Thousand Five Hundred Donars), for use of the Crossing. The license fee shall be increased
/,r III/J-;.;j
Page 2
each year on the anniversary date of this Agreement, commencing on the anniversary date of the
second year of this Agreement, by the product of the annual license fee in effect for the
preceding year multiplied by one hundred percent (100%) of the percentage increase, if any, in
the Consumer Price Index, (1967=100), issued by the Bureau of Labor Statistics of the U.S.
Department of Labor ("Cpr'), or 3%, whichever is greater. The base CPI will be the CPI for the
month of the year preceding the applicable anniversary date of this Agreement by ninety (90)
days. No adjustment will be made for decreases in the CPI.
6. The provisions and stipulations of this Agreement are a part of the consideration of the
licensing of the CROSSING SITE, and in the event the CITY shall fail to comply with any of the
covenants and conditions, then, at the option of the RAIL WAY, this Agreement shall be
terminated with full legal rights and remedies retained by the RAIL WAY, including but not
limited to the right to reenter, repossess, and remove the crossing if it shall elect to do so.
7. The CITY shall grant forthwith to the RAIL WAY necessary permits for the
installation, construction, erection, repair and maintenance of any of the RAIL WAY-owned or
maintained facilities described in this Agreement. If the CITY fails to promptly grant the
RAIL WAY necessary permits, CITY shall bear all additional expense incurred by the
RAIL WAY attributable to such failure, including costs due to slow ordering of trains. CITY
shall promptly pay such amounts upon billing by the RAILWAY.
8. Unless otherwise specified, the cost of and liability for installation, construction,
maintenance, replacement and removal of all facilities at the CROSSING SITE, including but
not limited to the crossing structure, railroad and highway devices, and grade crossing surfaces,
whether performed by the CITY or RAILWAY, shall be the sole responsibility of the CITY.
/.rl~lt'J~;.,;.,'j
Page 3
9. The RAIL WAY shall install the warning devices, including the fixed signs, flashing
lights, bells and gates (collectively the "WARNING DEVICES"), at the CROSSING SITE at the
sole cost of the CITY. The WARNING DEVICES are a Type III Class III installation as defined
in the Florida Department of Transportation Schedule of Signal Installations by Type and Class
attached hereto as Exhibit C. Installation costs are estimated to be $259,710.00 as shown on the
estimates for signal installation attached hereto as Exhibit B and incorporated by reference.
In addition, CITY shall pay unto RAILWAY annually the annual cost of maintenance of
said WARNING DEVICES as provided in the Florida Department of Transportation's
SCHEDULE OF ANNUAL COST OF AUTOMATIC mGHWAY GRADE CROSSING
TRAFFIC CONTROL DEVICES, as may in the future be revised or amended, a copy of which
is attached hereto as Exhibit C and incorporated herein by reference.
The WARNING DEVICES will be owned by the RAIL WAY and shall remain at the
CROSSING SITE until the RAIL WAY decides that they are no longer needed or should be
replaced, or until other legal requirements are imposed which shall eliminate or substantially
change their operations.
10. The existing 57' wide Omni concrete grade crossing surface (the "SURFACE') along
with other improvements as shown on the drawing, attached hereto as part of Exhibit A, are in
accordance with Florida Department of Transportation Standard Specifications for Road and
Bridge Construction, Index No. 560, as may be amended, at the sole cost of CITY. When the
RAIL WAY determines that the replacement of the new SURF ACE is more economical than its
continued maintenance, the RAIL WAY shall have the exclusive option to replace the SURF ACE
with a comparable or improved structure. The replacement costs of the new SURF ACE shall be
the sole responsibility of the CITY. The CITY shall, at its sole expense, maintain and replace the
/.r II \ l~~;':; j
Page 4
remainder of the road inside the RAILWAY'S right-of-way, plus any paving which may be
located between the ends of the ties. If such work is required due to replacement of the
SURF ACE, the CITY shall perfonn such work in accordance with the time and operational
requirements of RAll. WAY. The CITY will give prior notice to RAll. WAY of all work to be
performed by it at or near the CROSSING SITE and no such work shall be perfonned by CITY
without the prior approval of RAILWAY. All work perfonned by the CITY shall be conducted
at such times and in such manner as to not interfere or impeded the operations of RAILWAY.
The RAIL WAY shall provide a construction watchman at said CROSSING SITE while work is
being perfonned by the CITY under the provisions of this Agreement, at the sole expense of the
CITY.
11. The CITY agrees, acknowledges and understands that the RAil.. WAY reserves the
right to make any changes at any future time in its existing tracks or other facilities, including the
installation, maintenance and operation of any additional track or tracks or other facilities on its
right-of-way at the CROSSING SITE. The CITY agrees to bear the total expense of any changes
or additions to the pavement and traffic signal devices, the SURF ACE, the WARNING
DEVICES or other railroad signalization equipment or new structure at the CROSSING SITE,
whether these changes or additions are required by law or order of any public or judicial
authority, done voluntarily by the RAIL WAY, or requested by the CITY.
12. The CITY agrees that it will install, maintain and replace all necessary drainage
facilities to prevent the accumulation of surface water due to the existence of the CROSSING
SITE. Such facilities must first be approved by the RAll. WAY and any governing bodies having
jurisdiction thereof and operation of the facilities shall also be subject at all time to their
approval. An additional license agreement may be required by the RAll. WAY, depending upon
/r 11\1'.J~;JJ
Page 5
the location of such drainage facilities and type, size, depth and other specifications of the
proposed facilities, as submitted to the RAIL WAY.
13. Lighting facilities adequate to comply with the requirements of the laws of the State
of Florida covering illumination of road crossing shall be installed, maintained and replaced at or
near this CROSSING SITE by and at the sole cost of CITY.
14. Facilities at or near the CROSSING SITE that are not specifically covered by this
Agreement, including but not limited to pedestrian walkways, may not be constructed by CITY
at or near the CROSSING SITE without the prior written approval of RAIL WAY, which
approval is in RAIL WAY'S sole discretion. The cost and liability for such facilities, including
but not limited to claims for personal injury or death or damage to property of any person or
persons whomsoever, shall be the sole responsibility of City.
15. If at any time RAIL WAY, at CITY'S request, performs work required to be
performed by CITY hereunder, the cost and liability for such work, including but not limited to
claims for personal injury or death or damage to property of any person of persons whomsoever,
shall be the sole responsibility of CITY.
16, The CITY further covenants to pay the RAILWAY, within thirty (30) days after
presentation of the same, all bills submitted by Railway including maintenance bills as set forth
in Paragraph 9 above and all bills for electricity for the lighting and illumination of the
CROSSING SITE if same are provided by Railway.
17, At the termination of this Agreement for any cause, or upon termination of the
CITY'S use of the CROSSING SITE as herein described, all rights of the CITY shall terminate
and the CITY shall remove, under the RAIL WAY'S supervision and direction, at CITY'S entire
/,rlll/j~;~,'J
Page 6
cost and expense, said road and all non-RAIL WAY-owned improvements placed upon the
RAILWAY'S right-of-way and restore the ground to its original condition.
18. The CITY shall indemnify, defend and hold harmless RAILWAY for assessments or
other charges of any kind whatsoever against the RAIL WAY at any time for any portion of
public improvements installed on or within two hundred (200) feet of the CROSSING SITE
arising out of the existence of the CROSSING SITE.
19. The CITY shall not in any way, or at any time, interfere with or obstruct
RAILWAY'S right-of-way, the movement of RAa WAY'S trains and other railroad operations,
or interfere with the RAIL WAY'S use thereof, or the use thereof by RAa WAY'S assigns,
invitees, lessees or licensees.
20. The CITY shall indemnify, defend and hold harmless RAaWAY it's affiliates,
officers, directors and employees from any and all suits, claims, liability, losses, damages,
expenses and costs (including reasonable attorneys fees) incurred by or asserted against
RAIL WAY whether for personal injury or death or damage to property of any person or persons
whomsoever, relating to, resulting from or arising out of the construction, installation,
maintenance or replacement of the CROSSING SITE by RAIL WAY, the performance of work
by RAIL WAY required to be performed by CITY hereunder, or the use of the CROSSING SITE
or CITY facilities, including but not limited to pedestrian walkways, at or near the CROSSING
SITE and regardless of whether such injury or damage is caused or alleged to be caused, in
whole or in part, by the negligence of RAILWAY. The Lessee's obligation set forth in the
paragraph to indemnify Railway in an incident attributable to the fault. failure or negligence of
the Railway shall be limited to a maximum amount of $2 million per occurrence.
/, r I ~ IIIJ~;':; J
Page 7
Notwithstanding the foregoing, the CITY shall have no indemnification obligation for the
intentional, wrongful acts of RAIL WAY.
The CITY will throughout the Initial Term and any Renewal Terms carry and
maintain. at its sole cost and expense. the following types of insurance. which shall provide
coverage on an occurrence basis. with respect to the Crossing Site. in the amounts specified with
deductible amounts reasonably satisfactory to Railway:
Commercial General Liability Insurance, Commercial general liability ("CGL")
msurance covering claims arising from personal injury. death and property damage with
minimum limits of $2.000.000.00 per occurrence and insuring against legal liability of the
insured with respect to the Crossing Site or arising out of the maintenance. use or occupancy
thereof The CGL policy shall include contractual liability coverage of all such liabilities arising
pursuant to the License Agreement.
The CITY will include in any contract which it may let for the whole or part of any
work to be performed hereunder by or for the CITY, each and every one of the terms and
conditions included on the document entitled "INDEMNITY OF FLORIDA EAST COAST
RAILWAY, L.L.C. AND INSURANCE REQUIREMENTS" attached hereto and made a part
hereof as Exhibit D.
21. ( a) CITY, at its own cost and expense, when performing any work in connection with
the CROSSING SITE shall request RAILWAY to furnish any necessary construction watchmen
for the protection of RAIL WAY'S employees, property and train operations. RAIL WAY shall
be notified at least one (1) week in advance of the performance of any work in connection with
the CROSSING SITE.
/.1= III /j-i.;j
Page 8
(b) In addition to, but not in limitation of any of the foregoing provisions, if at any
time RAIL WAY should deem it necessary to place construction watchmen for the protection of
any person or property, during the construction, maintenance, repair, alteration, renewal, or
removal at the CROSSING SITE, RAIL WAY shall have the right to place such construction
watchmen, or other persons at the sole cost and expense of the CITY, Upon receipt of a bill
from RAIL WAY, CITY shall promptly pay RAIL WAY the full cost and expense of such
construction watchmen. The furnishing or failure to furnish construction watchmen, or other
persons by the RAIL WAY under this paragraph, however, shall not release CITY from any and
all other liabilities assumed by CITY under the tenns of this Agreement, including its obligations
under Paragraph 20 hereof The CITY shall give the RAIL WAY one (1) week's advance written
notice when it or its contractor or anyone claiming under this Agreement proposes to enter upon
the CROSSING SITE to perfonn work under this Agreement in order that proper warning may
be provided for trains. In emergency situations CITY shall give the RAIL WAY telephonic
notice. The CITY further agrees that at all times its personnel or agents are on the property of
the RAIL WAY, they will be accompanied by a RAIL WAY representative and any cost involved
will be borne by the CITY.
22. After the SURF ACE and WARNING DEVICES have been installed and all other
work to be performed by the RAILWAY under this Agreement has been completed and found to
be in satisfactory working order by the RAIL WAY, the RAIL WAY shall furnish to the CITY an
invoice showing the final total cost of material, labor and equipment furnished by the
RAILWAY, in accordance with the estimate of said cost to the CITY to be $259,710.00 set forth
in Exhibit B and CITY shall pay such invoice no later than thirty (30) days from the date thereof
/.rllllfJ~i.:..;J
Page 9
23. Installation, maintenance and replacement of any and all railroad advance warning
signs and pavement markings on any road approaching the CROSSING SITE shall be the sole
responsibility and cost of the CITY, and at its sole expense.
24. The CITY shall promptly pay RAIL WAY all charges for replacement, repair or
otherwise of the CROSSING SURF ACE and RAILROAD DEVICES within thirty (30) days of
the date of invoice. Failure to promptly pay to RAILWAY amounts billed as due under this
Agreement shall constitute default by the CITY.
25. The CITY hereby acknowledges that it has been notified that its personnel will or
may be working in an area containing active fiber-optic transmission cable as well as other
cables and other facilities.
26. If any provision or provisions of this Agreement shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby.
27. This Agreement will be governed. by the laws of the State of Florida. It constitutes
the complete and exclusive statement of the Agreement between the parties which supersedes all
proposals, oral or written, and all other communications between the parties related. to the subject
matter of this Agreement. Any future change or modification of this Agreement must be in
writing and signed. by both parties.
28, It is understood by and between the respective parties hereto that this License
Agreement cancels and supersedes any other License Agreements between the RAIL WAY and
CITY with respect to the matters contained herein, and more specifically, the existing License
Agreement between the RAIL WAY and CITY dated December 9, 1985,
/rllllljL;'~.;)
Page 10
IN WITNESS WHEREOF, the RAIL WAY and the CITY have caused this instrument to
be executed in their corporate names and respective seals to be hereunto affixed in duplicated the
day first hereinafter written by their undersigned officials thereunto lawfully authorized.
Signed, sealed and
Delivered in the presence of:
FLORIDA EAST COAST RAILWAY, L.L.C.,
a Limited Liability Company
(Seal)
By:
ATTEST:
Witnesses as to RAIL WAY
Assistant Secretary
DATE:
CITY OF DELRA Y BEACH, a political
subdivision of the State of Florida
By:
Title:
Witnesses as to CITY
Attest :
Title:
Date:
/rllll/j~i.;;J
Page 11
LICENSE AREA
September 21, 2005
File: 316/39/3757
N.E. 1st STREET - MILEPOST 316+3,757' - FDOT # 272491B
A PARCEL OF LAND WITH UNIFORM WIDTH OF NINETY (90) FEET
NORTHERLY AND SOUTHERLY AND EXTENDING EASTERLY AND
WESTERLY ACROSS THE RIGHT-OF-WAY AND MAIN TRACK OF THE
RAILWAY AT N.E. 1ST STREET IN DELRAY BEACH, FLORIDA, WITH
LONGITUDINAL CENTER LINE OF SAID PARCEL LOCATED THREE
THOUSAND SEVEN HUNDRED FIFTY SEVEN (3,757) FEET SOUTHERLY FROM
THE RAILWAY'S MILE POST NO. 316 AS MEASURED FROM JACKSONVILLE,
FLORIDA, SAID RIGHT-OF- WAY OF THE RAILWAY HAVING A TOTAL WIDTH
OF ONE HUNDRED (100) FEET AT THIS LOCATION, BEING FIFTY (50) FEET IN
WIDTH ON THE EAST AND WEST SIDE OF THE CENTERLINE OF THE MAIN
TRACK.
EXHIBIT "A"
rZ
r'10
Z-i
~['l
I
~~
)>
~~(;)~ F,;
MM~M~:
~~~~ It
CD_ON~~
--. ...Jlo. - -
8~;o ~
f'TJDO)>
If)f'TJ>O
-tl/lO::E
;:c-t:E)>
:;~)>-<
z)>-<'--"
--3-
--------
ijj
;3
o
"
~
(;)
:OJ
0 z ~/
"l i'l 0
,- ,,-,
:;0
P u) n
-I ::0
en 0
OJ -I rJ;.
"l ::0 JJ
> rTl Z
n Pl cJ
I ~
~ :;;:
'l U
,- m :JJ
0 + l'
::0 ~ <
0 ~ l'l
Ul ;;:
P '.,J "
Z
-I
(J")
\
\
\
\~
\
\
\
\
\
\
\
\
\
\
\
\
3~
n
~ C)
'1 ::::0
~ 0
~ )>
S p;
:1 ~~ (
g G;~ 8
~ ~o "U
~)>
-i<
~r'1
Z
C
r'1
o r-1
i~~ii
':"~C(',i",
TJ I" ~J I
~IC
/1':; i
I
I
!
,P
f"'l JI
~ --4
Z
n .')
~ 0
G') >
If)VJ
~ ---1
~ ::::0
[Jl j>
,-
@
<D-
C .
~~
z"
"",
:2: I
if> Y ~
--< r'1
n ()
"
0 0
I::'
'"
o
c
::E-
)>z
"t/l
z-i
-)>
zr
"r
t/lOZ
_r'1r'1
~~::E
rO-i
C}f'Tl-<
~~:
)> )>.==
If)~p
t/l-i)>
IOV'l
Ozt/l
~F:=
'"
@:v.
",...,'"
" co.
)> '"
t/l N
t/l .
p ~
I c~1
-0 '"
~ c~1
"
r
Z
r'1 C
-:;
'! c
:<
p c
I
" C
"
o "'.
Z~~
O~S3 ~
r'1 I
M 0
c
-i
"
r'1
t/l
-0
)>
t/l
t/l
Z
-S
~I
<D
o
r
r
)>
"
o
(/)
c
@::en_n ;0
fXl:::ooz:::C f'TJ
-,,-T']ZU100~
~f)g~~~~
_1'T'1[T1'-Of'TJ
~':'-'M~~~f'TJ
g~g~~M~
11-00 :::o-t:::l
~~~g;;:~~
lorzto~[T\O'l
.....;tn G) -. """'.
r'1
o
-0
c
" Z
r'1
~ ~~
X -00
'" I
o )>)>
; r<
~ ~~
~ r'1
\
\ \
\ \
\ \
\ \0
c
\ \"
'"
\ 1
\ I
\ \
\ \
\ \
I 11'\
\ 1
-0 \ \
)> 1 \
'" t/l
^ \ \ 0
Z \ \ c
" -i
I
r \ \
0 -i
-i I 1 0
\ I ~
)>
\ \ ~
1 ,
\ \
\ I
I \
1\
\ \
e
DATE: 11/08/06
FILE: 10.2
TYPE: III
CLASS: III
NO. OF DAYS: 12
AAR / DOT #: 272491B
MILE POST: 316+3757'
Project Type: FDOT
ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT N.E. 1st STREET DELRAY BCH.
This estimate should be considered void after one (1) year.
FLORIDA EAST COAST RAILWAY
OFFICE OF THE GENERAL MANAGER
OF SIGNALS AND COMMUNICATIONS
MATERIAL
GATE ASSEMBLIES
GATES
GATE FOUNDATIONS
ADDITIONAL FLASHING LIGHT ASSEMBLIES
6' X 6' WIRED CASE, WITH HXP-3R2
GENERATOR CASE W/ TRANSFER SWITCH
BATTERY BOX
BATTERIES, SAFT SPL250
MISC. GROUND MATERIAL
CONDUIT & DIRECTIONAL BORE
CABLE
MISCELLANEOUS RELAY EQUIPMENT
POWER SERVICE
MONITORING EQUIPMENT
SANITATION & DISPOSAL
FREIGHT & HANDLING
TAX @ 6.5%
TOTAL MATERIALS
EXCAVATING EQUIPMENT PER DAY
EQUIPMENT RENTAL PER DAY
FOREMAN'S TRUCK PER DAY
GANG TRUCK PER DAY
SUPERVISORS TRUCK PER DAY
EQUIPMENT TOTAL
ENGINEERING
ENGINEERING TOTAL
CONSTRUCTION SUPERVISION
LABOR ADDITIVE
SUPERVISION TOTAL
LABOR PER DAY
NUMBER OF DAYS
LABOR ADDITIVE
TOTAL LABOR
GANG EXPENSES PER DAY
NUMBER OF DAYS
TOTAL GANG EXPENSES
SUB-TOTAL
CONTINGENCIES 5%
TOTAL
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
Annual Maintenance Cost Exclusive of Installation
CLASS DESCRIPTION COST*
I Flashing Signals - One Track $2,086.00
II Flashing Signals - Multiple Tracks $2,760.00
III Flashing Signals and Gates - One Track $3,146,00
IV Flashing Signals and Gates - Multiple Tracks $3,950.00
AUTHORITY: FLORIDA ADMINISTRATIVE RULE: 14-46.002
Responsibility for the Cost of Automatic Highway
Grade Traffic Control Devices
F. A. RULE EFFECTIVE DATE:
July 22, 1982
GENERAL AUTHORITY:
334.044. F. S.
SPECIFIC LAW IMPLEMENTED:
335.144.F. S.
*This schedule was effective July 1, 2006, and will be reviewed every 5 years and revised as appropriate
based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor.
EXHIBIT "C"
FLORIDA DEPARTMENT OF TRANSPORTATION
Listed Below are signal installations by type and class:
FLASHING SIGNALS - ONE TRACK
Type = 1, Class = 1
FLASHING SIGNALS - MULTIPLE TRACKS
Type = 1, Class = 2
FLASHING SIGNALS AND CANTILEVER - ONE TRACK
Type = 2, Class = 1
FLASHING SIGNALS AND CANTILEVERS - MULTIPLE TRACKS
Type = 2, Class = 2
FLASHING SIGNALS AND GATE - ONE TRACK
Type = 3, Class = 3
FLASHING SIGNALS AND GATE - MULTIPLE TRACKS
Type = 3, Class = 4
FLASHING SIGNALS AND GATE WITH CANTILEVER - ONE TRACK
Type = 4, Class = 3
FLASHING SIGNALS AND GATE WITH CANTILEVER - MULTIPLE TRACKS
Type = 4, Class = 4
TYPE OF TRAFFIC CONTROL DEVICES
I Flashing signals
II Flashing signals with cantilevers
III Flashing signals with gate
IV Flashing signals with cantilevers & gate
CLASS OF TRAFFIC CONTROL DEVICES
I Flashing signals - one track
II Flashing signals - multiple track
III Flashing signals & gates - one track
IV Flashing signals & gates - multiple track
EXHIBIT "e"
FDOT - Type-Class.doc
INDEMNITY OF FLORIDA EAST COAST RAILWAY, L.L.C.
AND INSURANCE REQUIREMENTS
The Contractor by execution and delivery hereof, agrees that it shall and will at all times
hereafter indemnify, defend and save harmless the Florida East Coast Railway, L.L.C, or if
Contractor is a Government Entity, agrees to the extent permitted by law will indemnify, defend
and save harmless the Florida East Coast Railway, L.L.C., from and against all judgments, and
all loss, claims, damages, costs, charges, and expenses ("Costs") which it may suffer, sustain, or
in anywise be subjected to on account of or occasioned by the operations of the Contractor, or
any of the subcontractors, or both, whether directly or indirectly under, or pursuant to, this
construction contract, including any such Costs arising from the death, bodily injury or personal
injury of, as follows:
Of any person, including without limitation upon the generality of the foregoing
description, employees and officers of Florida East Coast Railway, L.L.C., employees and
officers of materialmen, employees and officers of the Contractor, employees and officers of all
subcontractors, and from loss damage, injury and loss of use of any real or personal property (a)
in which Florida East Coast Railway Company has any ownership interest, and (b) personal
property in the custody of Florida East Coast Railway Company under any transportation
contracts; including without limitation upon the generality of the two foregoing enumerations, all
railroad equipment commonly described as rolling stock and the contents of the same.
In furtherance of its obligation to indemnify, defend and save harmless, Contractor shall
procure and keep in effect comprehensive general liability insurance in the limits of
$5,000,000.00 each occurrence for bodily injury or death and $3,000,000.00 property damage
each occurrence with a $5,000,000 aggregate covering all obligations of Contractor to indemnify
the Railway by Contractual Assumed Liability Endorsement, with all railroad exclusives
removed. Alternatively, Contractor may procure and keep in effect during the life of this
construction contract, as aforesaid, Railroad Protective Liability Policies insuring the Railway
directly as insured against losses and damages with the limits specified in this paragraph.
In addition to the above, Contractor shall, at its cost and expenses, maintain a Workman's
Compensation Insurance Policy as required in the State of Florida.
All such insurance, directly or indirectly for the benefit of the Railway, shall be in a form
satisfactory to Railway's Manager of Insurance and issued by a casualty company/insurance
company authorized to do business in the State of Florida that has a "Best's" rating of A or A+
and a financial category size of Class XII or higher.
EXHIBIT "D"
LICENSE AGREEMENT
TIllS LICENSE AGREEMENT, effective as of the day of , 2006,
is between FLORIDA EAST COAST RAILWAY, L.L.C. (Address: P. O. Drawer 1048, St.
Augustine, Florida 32085), a Florida Limited Liability Company, hereinafter called
"RAIL WAY" and CITY OF DELRA Y BEACH, a political subdivision of the State of Florida,
hereinafter called "CITY".
WITNESSETH:
WHEREAS, the CITY desires to construct, use, maintain, repair, renew and ultimately
remove an at-grade public road crossing across and over the tracks, right of way and property of
RAILWAY, at the RAILWAY'S Milepost 316 + 5,088', more particularly described in Exhibit
A attached hereto and incorporated herein by reference, hereinafter referred to as the
"CROSSING SITE"; and
WHEREAS, RAIL WAY is agreeable to permitting the CITY to construct, use, maintain,
repair, renew and ultimately remove the CROSSING SITE under the terms and conditions set
forth herein.
NOW, THEREFORE, for the covenants contained herein and other good and valuable
consideration, the parties agree as follows:
1. RAILWAY hereby permits the CITY to construct use, maintain, repair, renew and
ultimately remove the CROSSING SITE under the terms and conditions set forth herein.
/rlll,t..J~;.:..;j
Page 1
2. The CROSSING SITE includes any railroad crossing warning signs, crossing
surfaces and automatic crossing warning devices which are, or might be, located within or
adjacent to the above-described location, provided that, the construction of the CROSSING SITE
shall be done by RAIL WAY as provided in this License Agreement ("Agreement") and further
provided that, notwithstanding rights to the CITY granted herein, RAIL WAY reserves the right
to perform all work required on RAIL WAY'S property including construction, drainage, lighting
and vegetation management, in which event CITY shall pay the RAIL WAY the entire cost and
expense of labor, materials and equipment furnished by RAIL WAY in performing such work.
The status of the CITY is that of a licensee and not lessee, granting the CITY the right to use the
CROSSING SITE as specified herein.
3. The CROSSING SITE shall be used for public at-grade road crossing purposes only
and no utility, including telecommunications facilities, pipes, wires, cables; or other line or
structure shall be placed in, on or over the CROSSING SITE without the previous consent in
writing of the RAIL WAY. CITY further agrees that it will at all times keep the CROSSING
SITE, together with the additional portions of the RAILWAY'S right-of-way within 325 feet of
the northerly and southerly limits or boundaries of the CROSSING SITE clear of any vegetation
or other growth greater than two (2) feet in height on each side of the tracks at the sole expense
of the CITY and without cost to RAILWAY or lien upon RAIL WAY'S property.
4. This Agreement is for an initial term of one (1) year and shall continue in effect
thereafter from year to year, subject to termination by the RAILWAY or CITY upon sixty (60)
days prior written notice.
5. CITY shall pay an annual license fee in advance to RAILWAY of $4,500.00 (Four
Thousand Five Hundred Dollars), for use of the Crossing. The license fee shall be increased
/rllllfJ~;.;..;J
Page 2
each year on the anniversary date of this Agreement, commencing on the anniversary date of the
second year of this Agreement, by the product of the annual license fee in effect for the
preceding year multiplied by one hundred percent (1000,/0) of the percentage increase, if any, in
the Consumer Price Index, (1967=100), issued by the Bureau of Labor Statistics of the U.S.
Department of Labor ("cpr'), or 3%, whichever is greater. The base CPI will be the CPI for the
month of the year preceding the applicable anniversary date of this Agreement by ninety (90)
days. No adjustment will be made for decreases in the CPI.
6. The provisions and stipulations of this Agreement are a part of the consideration of the
licensing of the CROSSING SITE, and in the event the CITY shall fail to comply with any of the
covenants and conditions, then, at the option of the RAIL WAY, this Agreement shall be
terminated with full legal rights and remedies retained by the RAIL WAY, including but not
limited to the right to reenter, repossess, and remove the crossing if it shall elect to do so.
7. The CITY shall grant forthwith to the RAIL WAY necessary permits for the
installation, construction, erection, repair and maintenance of any of the RAIL WAY-owned or
maintained facilities described in this Agreement. If the CITY fails to promptly grant the
RAIL WAY necessary permits, CITY shall bear all additional expense incurred by the
RAIL WAY attributable to such failure, including costs due to slow ordering of trains. CITY
shall promptly pay such amounts upon billing by the RAIL WAY.
8. Unless otherwise specified, the cost of and liability for installation, construction,
maintenance, replacement and removal of all facilities at the CROSSING SITE, including but
not limited to the crossing structure, railroad and highway devices, and grade crossing surfaces,
whether performed by the CITY or RAIL WAY, shall be the sole responsibility of the CITY.
/rllll(.J-I-,'j
Page 3
9. The RAIL WAY shall install the warning devices, including the fixed signs, flashing
lights, bells and gates (collectively the "W ARNlNG DEVICES"), at the CROSSING SITE at the
sole cost of the CITY. The WARNING DEVICES are a Type III Class III installation as defined
in the Florida Department of Transportation Schedule of Signal Installations by Type and Class
attached hereto as Exhibit C. Installation costs are estimated to be $312,770.00 as shown on the
estimates for signal installation attached hereto as Exhibit B and incorporated by reference.
In addition, CITY shall pay unto RAll.. WAY annually the annual cost of maintenance of
said W ARNlNG DEVICES as provided in the Florida Department of Transportation's
SCHEDULE OF ANNUAL COST OF AUTOMATIC mGHWAY GRADE CROSSING
TRAFFIC CONTROL DEVICES, as may in the future be revised or amended, a copy of which
is attached hereto as Exhibit C and incorporated herein by reference.
The WARNING DEVICES will be owned by the RAIL WAY and shall remain at the
CROSSING SITE until the RAIL WAY decides that they are no longer needed or should be
replaced, or until other legal requirements are imposed which shall eliminate or substantially
change their operations.
10, The existing 57' wide Omni concrete grade crossing surface (the "SURFACE') along
with other improvements as shown on the drawing, attached hereto as part of Exhibit A, are in
accordance with Florida Department of Transportation Standard Specifications for Road and
Bridge Construction, Index No. 560, as may be amended, at the sole cost of CITY. When the
RAIL WAY determines that the replacement of the new SURF ACE is more economical than its
continued maintenance, the RAIL WAY shall have the exclusive option to replace the SURFACE
with a comparable or improved structure. The replacement costs of the new SURF ACE shall be
the sole responsibility of the CITY. The CITY shall, at its sole expense, maintain and replace the
/.r III /j~i,:..; j
Page 4
remainder of the road inside the RAILWAY'S right-of-way, plus any paving which may be
located between the ends of the ties. If such work is required due to replacement of the
SURF ACE, the CITY shall perform such work in accordance with the time and operational
requirements of RAIL WAY. The CITY will give prior notice to RAIL WAY of all work to be
performed by it at or near the CROSSING SITE and no such work shall be performed by CITY
without the prior approval of RAIL WAY. All work performed by the CITY shall be conducted
at such times and in such manner as to not interfere or impeded the operations of RAIL WAY.
The RAIL WAY shall provide a construction watchman at said CROSSING SITE while work is
being performed by the CITY under the provisions of this Agreement, at the sole expense of the
CITY.
11. The CITY agrees, acknowledges and understands that the RAILWAY reserves the
right to make any changes at any future time in its existing tracks or other facilities, including the
installation, maintenance and operation of any additional track or tracks or other facilities on its
right-of-way at the CROSSING SITE. The CITY agrees to bear the total expense of any changes
or additions to the pavement and traffic signal devices, the SURF ACE, the WARNING
DEVICES or other railroad signalization equipment or new structure at the CROSSING SITE,
whether these changes or additions are required by law or order of any public or judicial
authority, done voluntarily by the RAIL WAY, or requested by the CITY.
12. The CITY agrees that it will install, maintain and replace all necessary drainage
facilities to prevent the accumulation of surface water due to the existence of the CROSSING
SITE. Such facilities must first be approved by the RAIL WAY and any governing bodies having
jurisdiction thereof and operation of the facilities shall also be subject at all time to their
approval. An additional license agreement may be required by the RAIL WAY, depending upon
/.rlll,tj~i_";j
Page 5
the location of such drainage facilities and type, size, depth and other specifications of the
proposed facilities, as submitted to the RAIL WAY.
13. Lighting facilities adequate to comply with the requirements of the laws of the State
of Florida covering illumination of road crossing shall be installed, maintained and replaced at or
near this CROSSING SITE by and at the sole cost of CITY regardless of whether such iniury or
damage is caused or alleged to be caused. in whole or in part by the negligence of Railway:
provided that the City's obligation set forth in this paragraph to bear such costs in an incident
attributable to the fault. failure or negligence of the Railway shall be limited to a maximum of
$2 million per occurrence.
14. Facilities at or near the CROSSING SITE that are not specifically covered by this
Agreement, including but not limited to pedestrian walkways, may not be constructed by CITY
at or near the CROSSING SITE without the prior written approval of RAIL WAY, which
approval is in RAILWAY'S sole discretion. The cost and liability for such facilities, including
but not limited to claims for personal injury or death or damage to property of any person or
persons whomsoever, shall be the sole responsibility of City.
15. If at any time RAILWAY, at CITY'S request, performs work required to be
performed by CITY hereunder, the cost and liability for such work, including but not limited to
claims for personal injury or death or damage to property of any person of persons whomsoever,
shall be the sole responsibility of CITY.
16, The CITY further covenants to pay the RAIL WAY, within thirty (30) days after
presentation of the same, all bills submitted by Railway including maintenance bills as set forth
in Paragraph 9 above and all bills for electricity for the lighting and illumination of the
CROSSING SITE if same are provided by Railway.
/rl~ll~-i.:_;j
Page 6
17. At the termination of this Agreement for any cause, or upon termination of the
CITY'S use of the CROSSING SITE as herein described, all rights of the CITY shall terminate
and the CITY shall remove, under the RAILWAY'S supervision and direction, at CITY'S entire
cost and expense, said road and all non-RAIL WAY -owned improvements placed upon the
RAIL WAY'S right-of-way and restore the ground to its original condition.
18. The CITY shall indemnify, defend and hold harmless RAIL WAY for assessments or
other charges of any kind whatsoever against the RAIL WAY at any time for any portion of
public improvements installed on or within two hundred (200) feet of the CROSSING SITE
arising out of the existence ofthe CROSSING SITE.
19. The CITY shall not in any way, or at any time, interfere with or obstruct
RAILWAY'S right-of-way, the movement of RAILWAY'S trains and other railroad operations,
or interfere with the RAILWAY'S use thereof, or the use thereof by RAILWAY'S assigns,
invitees, lessees or licensees.
20. The CITY shall indemnify, defend and hold harmless RAILWAY it's affiliates,
officers, directors and employees from any and all suits, claims, liability, losses, damages,
expenses and costs (including reasonable attorneys fees) incurred by or asserted against
RAIL WAY whether for personal injury or death or damage to property of any person or persons
whomsoever, relating to, resulting from or arising out of the construction, installation,
maintenance or replacement of the CROSSING SITE by RAIL WAY, the performance of work
by RAIL WAY required to be performed by CITY hereunder, or the use of the CROSSING SITE
or CITY facilities, including but not limited to pedestrian walkways, at or near the CROSSING
SITE and regardless of whether such injury or damage is caused or alleged to be caused, in
whole or in part, by the negligence of RAIL WAY. The Lessee's obligations set forth in this
/rll\I(J~;.,jj
Page 7
paragraph to indemnify Railway in an incident attributable to the fault failure or negligence of
the Railway shall be limited to a maximum amount of $2 million per occurrence.
Notwithstanding the foregoing, the CITY shall have no indemnification obligation for the
intentional, wrongful acts of RAIL WAY.
The CITY will throughout the Initial Term and any Renewal Terms carry and
maintain, at its sole cost and expense, the following types of insurance, which shall provide
coverage on an occurrence basis, with respect to the Crossing Site, in the amounts specified with
deductible amounts reasonably satisfactory to Railway:
Commercial General Liability Insurance. Commercial general liability ("CGL")
Insurance covering claims arising from personal iniury, death and property damage with
mInimUm limits of $2,000,000,00 per occurrence and insuring against legal liability of the
insured with respect to the Crossing Site or arising out of the maintenance, use or occupancy
thereof The CGL policy shall include contractual liability coverage of all such liabilities arising
pursuant to the License Agreement.
The CITY will include in any contract which it may let for the whole or part of any
work to be performed hereunder by or for the CITY, each and every one of the terms and
conditions included on the document entitled "INDEMNITY OF FLORIDA EAST COAST
RAILWAY, L.L.C. AND INSURANCE REQUIREMENTS" attached hereto and made a part
hereof as Exhibit D.
21. (a) CITY, at its own cost and expense, when performing any work in connection with
the CROSSING SITE shall request RAIL WAY to furnish any necessary construction watchmen
for the protection of RAIL WAY'S employees, property and train operations. RAIL WAY shall
/,r IllliJ-i.:.;J
Page 8
be notified at least one (1) week in advance of the performance of any work in connection with
the CROSSING SITE.
(b) In addition to, but not in limitation of any of the foregoing provisions, if at any
time RAIL WAY should deem it necessary to place construction watchmen for the protection of
any person or property, during the construction, maintenance, repair, alteration, renewal, or
removal at the CROSSING SITE, RAIL WAY shall have the right to place such construction
watchmen, or other persons at the sole cost and expense of the CITY. Upon receipt of a bill
from RAIL WAY, CITY shall promptly pay RAIL WAY the full cost and expense of such
construction watchmen. The furnishing or failure to furnish construction watchmen, or other
persons by the RAIL WAY under this paragraph, however, shall not release CITY from any and
all other liabilities assumed by CITY under the tenns of this Agreement, including its obligations
under Paragraph 20 hereof The CITY shall give the RAIL WAY one (1) week's advance written
notice when it or its contractor or anyone claiming under this Agreement proposes to enter upon
the CROSSING SITE to perform work under this Agreement in order that proper warning may
be provided for trains. In emergency situations CITY shall give the RAIL WAY telephonic
notice. The CITY further agrees that at all times its personnel or agents are on the property of
the RAIL WAY, they will be accompanied by a RAIL WAY representative and any cost involved
will be borne by the CITY.
22. After the SURF ACE and WARNING DEVICES have been installed and all other
work to be performed by the RAIL WAY under this Agreement has been completed and found to
be in satisfactory working order by the RAIL WAY, the RAIL WAY shall furnish to the CITY an
invoice showing the final total cost of material, labor and equipment furnished by the
/r IIl.fJ-i.:..:J
Page 9
RAILWAY, in accordance with the estimate of said cost to the CITY to be $312,770,00 set forth
in Exhibit B and CITY shall pay such invoice no later than thirty (30) days from the date thereof.
23. Installation, maintenance and replacement of any and all railroad advance warning
signs and pavement markings on any road approaching the CROSSING SITE shall be the sole
responsibility and cost of the CITY, and at its sole expense.
24. The CITY shall promptly pay RAILWAY all charges for replacement, repair or
otherwise of the CROSSING SURF ACE and RAILROAD DEVICES within thirty (30) days of
the date of invoice. Failure to promptly pay to RAILWAY amounts billed as due under this
Agreement shall constitute default by the CITY.
25. The CITY hereby acknowledges that it has been notified that its personnel will or
may be working in an area containing active fiber-optic transmission cable as well as other
cables and other facilities.
26. If any provision or provisions of this Agreement shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby.
27. This Agreement will be governed by the laws of the State of Florida. It constitutes
the complete and exclusive statement of the Agreement between the parties which supersedes all
proposals, oral or written, and all other communications between the parties related to the subject
matter of this Agreement. Any future change or modification of this Agreement must be in
writing and signed by both parties.
28, It is understood by and between the respective parties hereto that this License
Agreement cancels and supersedes any other License Agreements between the RAIL WAY and
/. r 1111{J-;.:..: J
Page 10
CITY with respect to the matters contained herein, and more specifically, the existing License
Agreement between the RAILWAY and CITY dated December 9, 1985,
/.rlll/..I-i.:..;j
Page 11
IN WITNESS WHEREOF, the RAIL WAY and the CITY have caused this instrument to
be executed in their corporate names and respective seals to be hereunto affixed in duplicated the
day first hereinafter written by their undersigned officials thereunto lawfully authorized.
Signed, sealed and
Delivered in the presence of:
FWRIDA EAST COAST RAILWAY, L.L.C.,
a Limited Liability Company
(Seal)
By:
ATTEST:
Witnesses as to RAIL WAY
Assistant Secretary
DATE:
CITY OF DELRA Y BEACH, a political
subdivision of the State of Florida
By:
Title:
Witnesses as to CITY
Attest :
Title:
Date:
/.rlll/)~;.;j
Page 12
LICENSE AREA
September 21, 2005
File: 316/39/5088
S.E. 1st STREET - MILEPOST 316+5,088' - FDOT # 272869G
A PARCEL OF LAND WITH UNIFORM WIDTH OF NINETY (90) FEET
NORTHERLY AND SOUTHERLY AND EXTENDING EASTERLY AND
WESTERLY ACROSS THE RIGHT-OF-WAY AND MAIN TRACK OF THE
RAILWAY AT S.E. 1ST STREET IN DELRAY BEACH, FLORIDA, WITH
LONGITUDINAL CENTER LINE OF SAID PARCEL LOCATED FIVE THOUSAND
EIGHTY EIGHT (5,088) FEET SOUTHERLY FROM THE RAILWAY'S MILE POST
NO. 316 AS MEASURED FROM JACKSONVILLE, FLORIDA, SAID RIGHT-OF-
WAY OF THE RAILWAY HAVING A TOTAL WIDTH OF ONE HUNDRED (100)
FEET AT THIS LOCATION, BEING FIFTY (50) FEET IN WIDTH ON THE EAST
AND WEST SIDE OF THE CENTERLINE OF THE MAIN TRACK.
EXHIBIT "A"
,
'"
z
o
--<
I
o
."
~~~E~
rrlrrlrrlfTlr;:l
=a:::::tk=a::~.
~"''''
'"
"'-J
CXl_~ CD. -
---;:0
""C"'O:::tlO
rTHT'l 0)>
00)>0
~~~~
:::0:::0)>-<
---(..........
)>)>~
33
z
o
~
iSi8~g
>z(l);o
~V)~CD
;c;ti::::o~
"'c-<
~~8~
fT'IoZ-t
'" Ill'"
~;;;:tI.'"
i5~~~
oZ:::!(T'1
~N~~
)> . ,
;oO~^
-1""'>0
onF::O
~?z~
J'T'Io8-<
il"'coo
)>-<"':r
~~ ~
'"
)>
III
ill",
00
c)>
-0
::<R:~
=lo-<
~d~
M2~
n!::Z
;:oz~
, )> 0
~M~
. "0-
)>n
"')>
",::!
-0
i!iZ
z
o
'"
:r
tn
q
U>
O.
N
-<
o
"0
~)>
)>'"
Ill",
"0-
IZ
)>0
"
Co
-<
-o~~
3::>F~
Z(')Zz
~O~MG)
)>::Of'T1::OC
-<~~M(;)
~5~~~
~>~~~
0"'00-1;0
'- I
Ceo 0
:;otrlCiSZ-o
fT'l-lG)0:::::!
~~zQ()
ZG)ZO
--< 0)>
Ill)> CD
Z)>,
OZ",
o III
I~
1
I~ ';?~
l~ '-..!i--,-,
1'iS ,~.~
I~ '8~
I, ~fi-':;'
l;ji ;gg
h 3;,=
16 '~~~
I~ I'l.
I ~~)
10"'11 ;
I ~.!:u 19
IJTI~ 6Gtz
~~~
'" .
@
;::::1
()
N 61
~. :.:
~. 'I
Ie ;;:;
)>
Ie-, "0 Z
'"
i.., 0 ,
'" z
j~ ~z '"
",Ill
1:D - -<
)>)>
0 z,
:~ , '"
::<z 0
1'.' )>'" )>-
Ie: ~::< Oz
z z-< ::<1Il
~l:'l C)-< )>-<
-<)>
"0 ,
)>io 0'" ::<'
P L~ Ui'9 "'-
:s;;~= )>Z
"''''
f; L~:;c () ~::<
",()
, Z '"
g I ~-25 )>)> 0-< 0
III III -< 0
~l ~~ III 0"0 '"
III ",,,,
U)! :"';::0 I= <- "ii
0 n~~
~! "'C ::< '" n
'z :z
1:;1 <'" )>,
9< Ill)>
III
25' "''''
I_
0=
::<
Z
'-
)>
()
'"
III
o
Z
S;
,
,
'"
o
oo
)>
'"
'"
C)
oo
)>
'"
'"
~o
N,
..J>...;c
<-"0
0.0 e
<-::<
"'''' "
.'OO
'" ."
"'C OJ
'z '"
c <'" '"
0 0 ':0
J: u
::< 0 ::!
)> (')
-<
'" 7
0 oo
C
-<
n
o
Z
()
oo
'"
-<
'"
"0 <
00
M J:
.-0
~~
~o
tn,
~~
'", "0
"'.0
'",::<
<0'"
.'OO
-J
"','"
.zO
<",0
, '"
0<
~~~~c
0rr;J'TJ --Ie,
..........Ulxo_
~~~
t5~x
~~.
""~
Vl
",--<
~b_-:: ;3~
(Jl'"
",'"
to'"
0--<
I
I '"
::< ()c
)> "''''
~~~, 1.- -< ~~~
'"
-\ '" !:Q(T'13::
:J) .., -u I "0 , Z, 0
'" z .e.z j$j
2 I~ 0
, ':-J '" '" -J'"
c;i Z "' I ~z -<'"
f! , oo'" 'U)>x
~ '" 0 --< ~F~
I )>)>
~ .., CJ '" z, n rr1zz
Z
~ "i " ~ III , 0 c::;~C)
i p '" I ::<z Z
z n U~ '" )>'" () @(J1~
CJ .:;; ~ , ~::< ( '"
CJ '"] Z C', '" CD'"
G"J '" I z-< '" -< :....i:D(")
CD )> '"
'" C'i-< '" N-J'"
"0 III C'i "0 U> '0
':: I 0'" c :2 II~ ("') CI)
-< u GJ 'u G "'- -< lTlO~
01 '- :-< ;:0 ;;: ~ s.= '" enZZ
'l I (') ::;; , () C'i
~ I .l> ; '1 ;<) Ie 55 C'l0 ;0 CD",
0 Vl ~ S 1 , '!.C'l
CD r'1 0 0 I@ ."'1 )>)> @ '" ~-<
'" r'1 k, ':0 I ",Ill III
r'1 ;;: ,I '"
en <: ;:0 0 III
0 i' h I '"
;:0 U :1:=
co .l> [J) n ;; CJ ,s;:e I~ -< I 0
co i: R -l ;:0 z .l> ,~o 1= 0 ::<
-< " 1:0
'0 0 g .^ ~C', , I Z
Vl Vl " r'1 C'lC:: I~ ,'=I"
CD -l Vl 1 .l> 'F' ~ ,c;i
r'1 ;:0 ~~ I -<'l
Vl in 0 :0'"
.l> r'1 Z ~ ~!:: ,~ ",n
~ z -l IC p~ ~ III
CJ n 1'1 GJ CJ ;= I "'z
CJ) I -l ~ Ill)> Z (/)
"" n :~ C'l Uju "00
" + "'0 ~ III
en ~ '" 0 Vie5 'U::! 0 0
z G-J Z ,;;: 3Jn '" '" C
CJ 0 'lJ CJ .l> ." ,Q 3~ en -< ." --<
CO --<() '" I
'1 CJ'l ;:0 Vl '" "" ()I
co. en Ill'" ,0 '"
,- + 0 ~ -l -<Z ,I", 1C'l C'l '" cJ
'"
0 < < "'-< () ~I
9 ;:0 (J1 a ;:0 ",,,, 0 I ~
'1 "'oo ::<
0 -< 'I:" )>
I '" en 0 CO ~ .l> I oo
r'l ~ c; ~
I p .l> CO r'1 ,- I U> ~I
,~ z :?: .i" d.
f" -l .l> I
01 en
CO en ~ -< I
'" ", II "
N c n
~ f" ~ 0
0 ---.... 0,
~ 0
en en i!:
'::1
a
DATE: 11/08/06
FILE: 10.2
TYPE: III
CLASS: I II
NO. OF DAYS: 12
AAR / DOT #: 272869G
MILE POST: 316+5088 '
Project Type: FDOT
ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT S. E. 1st STREET DELRAY BCH.
This estimate should be considered void after one (1) year.
FLORIDA EAST COAST RAILWAY
OFFICE OF THE GENERAL MANAGER
OF SIGNALS AND COMMUNICATIONS
MATERIAL
GATE ASSEMBLIES
GATES
GATE FOUNDATIONS
6' X 6' WIRED CASE, WITH HXP-3R2 & NE
GENERATOR CASE w/ TRANSFER SWITCH
BATTERY BOX
BATTERIES, SAFT SPL250
MISC. GROUND MATERIAL
CONDUIT & DIRECTIONAL BORE
CABLE
MISCELLANEOUS RELAY EQUIPMENT
POWER SERVICE
MONITORING EQUIPMENT
SANITATION & DISPOSAL
FREIGHT & HANDLING
TAX @ 6.5%
TOTAL MATERIALS
EXCAVATING EQUIPMENT PER DAY
EQUIPMENT RENTAL PER DAY
FOREMAN'S TRUCK PER DAY
GANG TRUCK PER DAY
SUPERVISORS TRUCK PER DAY
EQUIPMENT TOTAL
ENGINEERING
ENGINEERING TOTAL
CONSTRUCTION SUPERVISION
LABOR ADDITIVE
SUPERVISION TOTAL
LABOR PER DAY
NUMBER OF DAYS
LABOR ADDITIVE
TOTAL LABOR
GANG EXPENSES PER DAY
NUMBER OF DAYS
TOTAL GANG EXPENSES
SUB-TOTAL
CONTINGENCIES 5%
TOTAL
UNIT COST UNITS TOTAL COST
$7,479.00 4 EA. $29,916.00
$500.00 4 EA. $2,000.00
$575.00 4 EA. $2,300.00
$104,020.00 1 EA. $104,020.00
$2,870.00 1 EA. $2,870.00
$675.00 1 EA. $675.00
$215.00 30 EA. $6,450.00
$1,788.42 1 PKG. $1,788.42
$45.00 200 FT. $9,000.00
$14,086.00 1 PKG. $14,086.00
$1,120.00 1 PKG. $1,120.00
$1,800.00 1 EA. $1,800.00
$12,985.00 1 PKG. $12,985.00
$1,500.00 1 PKG. $1,500.00
$47,253.00
$12.286.00
$250,049.42
$181.00 12 DAYS $2,172.00
$125.00 12 DAYS $1,500.00
$35.00 12 DAYS $420.00
$63.00 12 DAYS $756.00
$35.00 12 DAYS $420.00
$5,268.00
$7,500.00 1 $7.500.00
$7,500.00
$312.00 12 DAYS $3,744.00
$2.085.00
$5,829.00
$1,188.90 $14,267.00
12
$8.326.00
$22,593.00
$553.00
12
$6,636.00
$297,875.42
$14,894.00
$312,770.00
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
Annual Maintenance Cost Exclusive of Installation
CLASS DESCRIPTION COST*
I Flashing Signals - One Track $2,086.00
II Flashing Signals - Multiple Tracks $2,760.00
III Flashing Signals and Gates - One Track $3,146,00
IV Flashing Signals and Gates - Multiple Tracks $3,950.00
AUTHORITY: FLORIDA ADMINISTRATIVE RULE: 14-46.002
Responsibility for the Cost of Automatic Highway
Grade Traffic Control Devices
F. A. RULE EFFECTIVE DATE:
July 22, 1982
GENERAL AUTHORITY:
334.044. F. S.
SPECIFIC LAW IMPLEMENTED:
335.l44.F. S.
*This schedule was effective July 1, 2006, and will be reviewed every 5 years and revised as appropriate
based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor.
EXHIBIT "C"
FLORIDA DEPARTMENT OF TRANSPORTATION
Listed Below are signal installations by type and class:
FLASHING SIGNALS - ONE TRACK
Type = 1, Class = 1
FLASHING SIGNALS - MULTIPLE TRACKS
Type = 1, Class = 2
FLASHING SIGNALS AND CANTILEVER - ONE TRACK
Type = 2, Class = 1
FLASHING SIGNALS AND CANTILEVERS - MULTIPLE TRACKS
Type = 2, Class = 2
FLASHING SIGNALS AND GATE - ONE TRACK
Type = 3, Class = 3
FLASHING SIGNALS AND GATE - MULTIPLE TRACKS
Type = 3, Class = 4
FLASHING SIGNALS AND GATE WITH CANTILEVER - ONE TRACK
Type = 4, Class = 3
FLASHING SIGNALS AND GATE WITH CANTILEVER - MULTIPLE TRACKS
Type = 4, Class = 4
TYPE OF TRAFFIC CONTROL DEVICES
I Flashing signals
II Flashing signals with cantilevers
III Flashing signals with gate
IV Flashing signals with cantilevers & gate
CLASS OF TRAFFIC CONTROL DEVICES
I Flashing signals - one track
II Flashing signals - multiple track
III Flashing signals & gates - one track
IV Flashing signals & gates - multiple track
EXHIBIT "e"
FDOT-Type-Class.doc
INDEMNITY OF FLORIDA EAST COAST RAILWAY, L.L.C.
AND INSURANCE REQUIREMENTS
The Contractor by execution and delivery hereof, agrees that it shall and will at all times
hereafter indemnify, defend and save harmless the Florida East Coast Railway, L.L.C, or if
Contractor is a Government Entity, agrees to the extent permitted by law will indemnify, defend
and save harmless the Florida East Coast Railway, L.L.C., from and against all judgments, and
all loss, claims, damages, costs, charges, and expenses ("Costs") which it may suffer, sustain, or
in anywise be subjected to on account of or occasioned by the operations of the Contractor, or
any of the subcontractors, or both, whether directly or indirectly under, or pursuant to, this
construction contract, including any such Costs arising from the death, bodily injury or personal
injury of, as follows:
Of any person, including without limitation upon the generality of the foregoing
description, employees and officers of Florida East Coast Railway, L.L.C., employees and
officers of materialmen, employees and officers of the Contractor, employees and officers of all
subcontractors, and from loss damage, injury and loss of use of any real or personal property (a)
in which Florida East Coast Railway Company has any ownership interest, and (b) personal
property in the custody of Florida East Coast Railway Company under any transportation
contracts; including without limitation upon the generality of the two foregoing enumerations, all
railroad equipment commonly described as rolling stock and the contents of the same.
In furtherance of its obligation to indemnify, defend and save harmless, Contractor shall
procure and keep in effect comprehensive general liability insurance in the limits of
$5,000,000.00 each occurrence for bodily injury or death and $3,000,000.00 property damage
each occurrence with a $5,000,000 aggregate covering all obligations of Contractor to indemnify
the Railway by Contractual Assumed Liability Endorsement, with all railroad exclusives
removed. Alternatively, Contractor may procure and keep in effect during the life of this
construction contract, as aforesaid, Railroad Protective Liability Policies insuring the Railway
directly as insured against losses and damages with the limits specified in this paragraph.
In addition to the above, Contractor shall, at its cost and expenses, maintain a Workman's
Compensation Insurance Policy as required in the State of Florida.
All such insurance, directly or indirectly for the benefit of the Railway, shall be in a form
satisfactory to Railway's Manager of Insurance and issued by a casualty company/insurancencompany authorized to do business in the State of Florida that has a "Best's" rating of A or A+
and a financial category size of Class XII or higher.
EXHIBIT "D"
REAL ESTATE LEASE
The Real Estate Lease ("Lease") is made as of this 17th day of December, 2006. bv and
between Florida East Coast Railway, L.L.C.; a Florida limited liability company having an address of
One Malaga Street, St. Augustine, Florida 32084 (Railway "Railway") and CITY OF DELRA Y
BEACH, a Florida Municipal corporation, whose business address is 100 N. W. 1st Avenue, Delray
Beach, Florida 33444, ("Lessee").
1, Leased Premises: Railway hereby leases to Lessee and Lessee hereby leases from Railway
under the terms and conditions set forth in this Lease, the following described property:
Four Parcels of land on Railway's right of way and property at Delray Beach, Florida, more
particularly described as follows:
PARCEL A: A rectangularly shaped parcel of land measuring 25 feet, easterly and westerly, by 400
feet, northerly and southerly, on Railway's easterly right of way with northwest corner of said parcel
located 25 feet easterly from and at right angles to a point located in the centerline of Railway's main
track 3857 feet, more or less, southerly from Mile Post 316, as measured from Jacksonville, Florida;
thence continue southerly parallel with and 25 feet distant easterly from centerline of said main track
for a distance of 400 feet to a point; thence continue easterly, at right angles to aforesaid course, for a
distance of25 feet to Railway's easterly right of way limit; thence continue northerly, coinciding with
Railway's easterly right of way limit and parallel with the centerline of said main track for a distance
of 400 feet; thence continue westerly at right angles to previously described course, for a distance of 25
feet to the Point of Beginning ,
PARCEL B: A parallelogram-shaped parcel of land measuring 18 feet, east and west, by 1275 feet,
northerly and southerly, on Railway's westerly right of way with northeast comer of said parcel
located 32 feet distant westerly from and at right angles to a point in the centerline of Railway's main
track, 3107 feet, more or less, southerly from Mile Post 316, as measured from Jacksonville, Florida;
thence continue southerly, parallel with and 32 feet distant westerly from centerline of said main track,
for a distance of 1275 feet; thence continue west for a distance of 18 feet to Railway's westerly right of
way limit; thence continue northerly along said westerly right of way limit for a distance of 1275 feet
to a point; thence continue east for a distance of 18 feet to said Point of Beginning,
PARCEL E: A rectangularly-shaped parcel ofland on the easterly side of Railway' s right of way for
its main track, with said pareel being 25 feet in width, easterly and westerly, by 650 feet, more or less,
in length, northerly and southerly, with easterly limit of said parcel of ground space coinciding with the
Railway's easterly right of way line, westerly limit being parallel with and 25 feet distant easterly of
the centerline of the Railway's main track and northerly limit being located 505 feet, more or less,
southerly from Railway's Mile Post 317 from Jacksonville, Florida.
PARCEL F: Beginning at a point located 4450 feet, more or less, southerly from Railway's Mile Post
317 from Jacksonville, Florida, and 28 feet westerly of the centerline of Railway's main track; thence
extending southerly parallel with and 28 feet distant westerly from the centerline of Railway's main
track for a distance of 460 feet, more or less, to a point located 8 feet distant northerly of the north line
of Swinton Avenue, as measured at right angles therefrom; thence westerly parallel with and 8 feet
distant northerly from the north line of Swinton Avenue for 30 feet, more or less, to Railway's
westerly right of way line; thence northerly along said westerly right of way line for 430 feet, more or
less; thence easterly from said westerly right of way line for 430 feet, more or less; thence easterly for
23 feet, more or less, to the Point of Beginning.
All as shown on Railway's Drawing No, A-1277-A, dated November 29, 1996, A-1277, dated
November 29, 1996, last revised May 30, 2000, and A-1277.C dated November 29, 1996, attached
hereto and made a part hereof (collectively with any buildings, facilities and improvements currently
or in the futme located on the described property, the "Leased Premises").
7341
County: Paw Beach
Contract Type:~
File:
317-3-1
2. Term
The initial term of this Lease shall be from December 17. 2006 through December 16.
2007 (the "Initial Term"); provided. however. that Lessee shall have no right to possession of the
Leased Premises until the Security Deposit has been delivered to Railway (the Security Deposit
shall not be deemed delivered to Railway if it is in the form of a check until that check has
cleared the bank and funds have been credited to Railway's account) and Lessee has provided
Railway with a certificate of insurance evidencing the insurance coverages Lessee is obligated to
maintain pursuant to this Lease.
This Lease shall automatically renew after the expiration of the Initial Term and any
renewals thereof, for an additional twelve (12) month period (the "Renewal Term") unless
terminated at least thirty (30) days before the expiration of the Initial Term or Renewal Term, as
the case may be, by furnishing written notice ofterm.ination to the other party, Unless Railway
indicates otherwise in writing, the covenants and conditions of the Lease in force during the
Initial Term, as the same may be modified from time to time, shall continue to be in effect during
all Renewal Terms, except that the rent for the Renewal Term shall be increased to equal the
greater of the (i) the rental rate then prevalent for similar properties or (ii) the rental rate for the
term immediately preceding the Renewal Term increased by five percent (5%), Except as set
forth in this paragraph 2, Lessee shall have no expectation of renewal and this Lease may be
terminated in accordance with its terms regardless of the length of time Lessee bas occupied the
Leased Premises, or the construction by Lessee of any buildings, structures, works, paving,
barricades or the placement of Lessee's personal property on the Leased Premises,
3. B&m
(a) Rent
During the Initial Term of this Lease, the Lessee shall pay to the Railway an
annual rental in advance on or before the I st day of each term year, plus all sales or use taxes
levied by any governmental body for the use or occupancy of the Leased Premises ("Sales and
Use Tax"), as set forth below:
Effective Date
December 17,2006
December 17. 2007
December 17. 2008
Base Rental
$ 9,800.00
$14,000.00
$18,200.00
Rent shall be paid to Railway's office at One Malaga Street, S1. Augustine, Florida 32084 or as
otherwise indicated on invoices. The requirement to pay rent and other payments shall survive
expiration or termination of this Lease until all Lessee's Property (as defined in paragraph 14
hereof) is removed from the Leased Premises in accordance with this Lease and the requirements
of paragraph 14 of this Lease are met.
3
(b) Additional Charges
If Lessee's presence or activities on the Leased Premises causes Railway to incur costs
for cleaning, trash removal, inspections, or like expenses, Lessee agrees to pay such cost to
Railway on demand, the amount of such costs incurred by Railway, Notwithstanding the
foregoing, Lessee will pay on demand the greater of the actual inspection costs or $350,00 for
any inspection conducted by Railway or its agents on the Leased Premises the resuhs of which
show, in Railway's sole determination, a violation of this Lease of any federal, state or municipal
law or regulation. Lessee shall also pay on demand the greater of the actual inspection costs or
$350,00 for any follow-up inspections related to the violation,
(c) Late Charge
If any rent or other payment due Wlder this Lease is not received by Railway
within ten (10) days of the due date of such payment, Lessee shall pay, in addition to such
payment a late charge equal to the greater of five percent (5%) of the payment which is past due
or Two HWldred Fifty and NolIOO Dollars ($250,00), If any payment due from Lessee shall
remain overdue for more than ten (l0) days, interest shall accrue daily on the past due amoWlt
from the date such amount was due until paid or judgment is entered at a rate equivalent to the
lesser of eighteen percent (18%) per annum or the highest rate permitted by law, Interest on the
past due amoWlt shall be in addition to and not in lieu of the five percent (5%) late charge or any
other remedy available to Railway.
4, Utility Charges, Taxes, Document Stamps
(a) Utility Charges
All charges on the Leased Premises for all utilities, including but not limited to
water, electricity, gas, heat and sewers and for taxes on Lessee's improvements shall be paid by
the Lessee within thirty (30) days after date of invoice.
(b) Ad Valorem Taxes
Lessee agrees to pay, within thirty (30) days after presentation Wlto Lessee by
Railway, bills for all special assessments, ad valorem taxes and any other taxes of whatsoever
kind or nature levied by the United States of America, State of Florida, any COWlty, mWlicipality
or special taxing district organized and existing under the laws of the State of Florida, upon any
of the Leased Premises on a pro-rated basis, All taxes and special assessments, payable on an
annual basis, are to be pro-rated by the parties hereto for the year during which this Lease is
made, as well as the year in which the same may be terminated,
(c) Document Stamps
Lessee shall pay any necessary documentary stamp taxes required to be affixed to
this lease under the Jaws ofthe United States of America, the State of Florida, or both.
4
(d) Sales and Use Tax, Personal Property Tax
Lessee will pay all Sales and Use Taxes and all personal property taxes that may
be levied or assessed against the personal property of the Lessee.
5. As Is. Maintenance
Railway MAKES NO WARRANTY, REPRESENfATION OR UNDERTAKING,
EXPRESSED OR IMPLIED AS TO THE CONDITION OF THE LEASED PREMISES and
Lessee, at its sole cost and expense, hereby agrees to put the Leased Premises in such condition
for its proposed use and to maintain them in their entirety. The Leased Premises is leased as it
currently exists in an AS IS condition and the Lessee, who has inspected the Leased Premises
prior to entering into this Lease, accepts the Leased Premises as is and shall henceforth be
responsible for any and all repairs and maintenance to the land and any buildings, facilities and
improvements located thereon. Lessee shall perform all work required for the preparation of the
Leased Premises for occupancy by Lessee, in the absence of any special provision herein
contained to the contrary, and Lessee does hereby accept the Leased Premises as now being in fit
and leasable condition for all purposes of Lessee.
Lessee will keep the Leased Premises free and clear of any and all trash, brush and debris of any
kind, so as to prevent the trash, brush and debris from becoming dangerous, inflammable or
objectionable. Railway shall have no duty to inspect or maintain any the Leased Premises during
the term of this Lease.
Lessee shall have no claim of any kind or description for damages to goods, wares, personal
property or merchandise on the Leased Premises from !mY cause whatsoever, INCUJDING
FIRE, STORM, CASUALTY OR ACf OF GOD, OR NEGLIGENCE OF RAIL WAY UNLESS
CAUSED BY THE WILLFUL OR INTENTIONAL ACfS OF RAIL WAY.
6, Lessee's Compliance With Law
(a) Zoning and Use Regulation
Lessee will release Railway from any loss, claim or damage which Lessee may
sustain arising directly or indirectly by reason of either existing or future zoning or other
regulations promulgated by any governmental agency which may adversely affect use by Lessee
of the Leased Premises, Lessee shall assume all responsibility for procuring or complying with
any ordinance, resolution, order, permit, consent or other such regulation, promulgated by any
governmental agency whatsoever, for building or otherwise, required for the use of the Leased
Premises or for the construction of any facilities upon the Leased Premises, Lessee shall
indemnify, defend and hold harmless Railway from any loss, claim or damage suffered by
Railway for Lessee's failure to properly and completely perform this responsibility,
(b) Other Regulation
5
Lessee shall comply with all federal, state and municipal regulations as to health,
safety, zoning, police, nuisance, fire, water, liquid, solid waste and hazardous waste, highways
sidewalks and other matters, and with the regulations of all persons or corporations supplying
water, gas, heat, electricity or steam on the premises, and shall indemnify the Railway against all
fmes, penalties, expense, damages and costs for violation thereof Lessee is solely responsible
for obtaining any and all federal, state and local licenses, permits, or other authority for its use of
the premises and shall indemnify and hold harmless Railway against all fInes, penalties,
expenses, damage and costs for violation of or failure to comply with any federal, state or local
laws or regulations. The provisions of this Paragraph 6 shall survive the expiration or any
termination of this Lease,
7. Hazardous Materials
Lessee will prevent the presence, use, generation, release, discharge, storage,
disposal, or transportation of any Hazardous Materials (as hereinafter defmed) on, under, in,
above, to, or from the Leased Premises except that Hazardous Materials may be used in the
Leased Premises as necessary for the customary maintenance of the Leased Premises provided
that same are used, stored and disposed of in strict compliance with applicable laws. For
purposes of this provision, the term "Hazardous Materials" will mean and refer to any wastes,
materials, or other substances of any kind or character that are or become regulated as hazardous
or toxic waste or substances, or which require special handling or treatment, under any federal,
state or local laws.
If Lessee's actIvitIes at the Leased Premises or Lessee's use of the Leased
Premises (a) results in a release of Hazardous Materials that is not in compliance with applicable
laws or permits issued thereunder; (b) gives rise to any claim or requires a response under
common law or applicable laws or permits issued thereunder; (c) causes a signifIcant public
health effect; or (d) creates a nuisance, then Lessee shall, at its sole cost and expense: (i)
immediately provide verbal notice thereof to Railway as well as notice to Railway in the manner
required by this Lease, which notice shall identify the Hazardous Materials involved and the
emergency procedures taken or to be taken; and (i) promptly take all action in response to such
situation required by applicable laws, provided that Lessee shall fITst obtain Railway's approval
of the non-emergency remediation plan to be undertaken. The provisions of this Paragraph 7
shall survive the expiration or any termination of this Lease.
8. Inspection and Access by Railway
Railway shall have the right, at reasonable times and upon reasonable prior notice
to Lessee, to enter the Leased Premises for the purpose of examining and inspecting the
condition of the Leased Premises and to evaluate Lessee's compliance with the terms and
conditions of this Lease. Railway shall have the right at all times to enter the Leased Premises
without prior notice to Lessee and take action in the event of any emergency affecting the Leased
Premises, including but not limited to leakage of Hazardous Materials or other materials from or
onto the Leased Premises, the detection of odors that appear to be coming from the Leased
Premises, suspected illegal activity on or use of the Leased Premises or like activities or events
Lessee hereby releases and holds Railway harmless from any action taken by Railway to access
6
'.
the Leased Premises under the conditions set forth herein and/or to control or respond to any
emergency affecting the Leased Premises.
9, Signs
Lessee shall not place any signs on the Leased Premises except with the prior
written consent of the Railway, including consent as to location and design, which may be
withheld in Railway's sole discretion Any and all such approved signs shall be installed and
shall be maintained by Lessee, at its sole cost and expense and shall be in compliance with all
applicable laws, Lessee shall be responsible to Railway for the installation, use, or maintenance
of said signs and any damage caused thereby. Any signs on the Leased Premises shall be
considered part of Lessee's Property for purposes of Paragraph 14 hereof and Lessee shall
remove said signs in accordance with same prior to termination or expiration of the Lease.
10. INDEMNIFICATION
A. Indemnification
Lessee hereby agrees to indemnify, defend and hold harmless Railway from and
against any and all liability for any loss, injury or damage, including, without limitation, damage
to the Leased Premises or to Lessee's property, consequential damage, all costs, expenses, court
costs and reasonable attorneys' fees, imposed on Railway by any person whomsoever that occurs
on or in (i) the Leased Premises, or (ii) any lands, buildings, structures, access areas or the like
adjacent to the Leased Premises, as a resuh of or arising from or related in any way to the acts or
failure to act of Lessee, its employees, agents or contractors, including any failure to comply
with the terms and conditions of this Lease, or the presence of Lessee, its employees, agents or
contractors, or the property of any of the same, on the Leased Premises or adjacent areas, and
REGARDLESS OF THE CAUSE AND REGARDLESS OF WHETHER ATTRIBUTABLE TO
THE FAULT, FAILURE OR NEGLIGENCE OF RAILWAY, The commercial liability
insurance that Lessee is required to carry pursuant this Lease shall include coverage of the
toregoing contractual indemnity. The provisions of this paragraph lO,A. shall sUIyive the
e~l'iration or any termination ofthis Lease. The Lessee' s obligation set tl)rth in this paragraph to
indenmit" Railway in an incident attributable to the faule failure or negligence of Railway shall
be limited to maximum aInount of $2 million per occurrence,
B. Lessee's Insurance
Lessee will throughout the Initial Term and any Renewal Terms(and any other
period when Lessee is in possession of the Leased Premises or has failed to comply with the
requirements of paragraph 14 of this Lease) carry and maintain.. at its sole cost and expense, the
tollowing types of insurance, which shall provide coverage on an occurrence basis, \vith respect
to the Leased Premises, in the amounts specified with deductible amounts reasonably satisfactory
to Railway:
( 1) Commercial General Liabilitv Insurance. Commercial general liability ("CGL")
insurance covering claims ari'ling from personal in,jury, death and property damage with / Deleted: 1.000.00000
minimum limits of $,fJlOO.OOOOOperoccurrenceupndills1lfingagaillst legalliabilityoLtheu./ Deleted: and $~.OOO.OOO.OO ~lleral
aAAfef/llle
7
insured with respect to the Leased Premises or arising out of the maintenance, use or occupancy
thereof The CGL policy shall include contractual liability coverage of all such liabilities arising
pursuant to the Lease.
(2) COlllPrehensiye Automobile Liability Insurance, Comprehensive automobile
liability insurance with a limit of not less than $ LOOO.OOO, 00 per occurrence for bodily injury.
$500,000,00 per person and $100,000,00 property damage or a combined single limit of
$1.000,000 tor both owned and non-owned vehicles. Lessee may self insurance this coverage.J.,1)... ,,/
all personal property. decorations. trade tixtures, furnishings, equipment. alterations, leasehold
improvements and betterments made by Lessee, and all other contents located or placed in the
premises, In the event any casualty occurs, Lessee agrees to pay the difterence between the
insurance coverage required to be maintained hereunder and an insurance policy oftering
coverage of one hundred percent ( 100%) of the full replacement value of the property described
in this subparagraph, Lessee may self insurance this coverage
0.....11:'
,
. (31 . axe.... LIability lnawance. L.....
shall also Call)' and mail1tam mubrella
liability Ul'W-.uce ,,~Ih a funit of 11011...
!ban $5,000,000 00 per OCClUl'ellCe'
,
o.letU: 4
(.4L\V()Ii:ers'uu<::()~llSllt~:'lmu~uu~~l()y~!s'um:r,.ill~il~YuJIlS~ll~tl'mmu\V()~~r:;( ",/ (.,.....11: 5
Compensation Insurance covering all employees of Lessee, as required by the laws of the State
of Florida and Employers' Liability coverage su~iect to a limit of no less than $500,000 each
employee, $500,(}()() each accident. and $ L(}()(),(}()() policy limit. Lessee may self insurance this
coverage,
~)".., """}>oli<:y,F()I1ILu"NlpoLlci~su~~t~~,~()"llboV~.,~~ll:",.(i)~,~~~Jl,(}Jlt..,,,itl1,~~rs,...,,..,/ ( .,.....11: 6
licensed to do business in Florida having an AM Best's rating of A-, Class IX or otherwise
approved in advance by Railway: (ii) name Railway and Railway's property manager as
additional insureds: (iii) be non-contributing with.. and shall apply only as primary and not as
excess to any other insurance available to the Railway or any mortgagee of Railway: (iy) have all
railioad exclusions removed, and (v) contain an obligation of the insurers to notifY the Railway
by certitied mail not less than thirty (30) days prior to any material change, cancellation. or
termination of any such policy. Certificates of insurance on the Railway's standard form or, if
required by a mortgagee, copies of such insurance policies certifted by an authorized ofticer of
Lessee's insurer as being complete and current, shall be delivered to the Railway prior to
Lessee's use of the Leased Premises hereunder and promptly upon request. If Lessee fails to
deliver the required certificates or certified policies, fails to take out or to keep in force any
insurance required herennder, or should any such insurance not be approved by either the
Railway or any mortgagee, then Railway has the right, without assuming any obligation in
connection therewith, to procure such insurance at the sole cost of the Lessee, and all outlays by
the Railway shall be paid by the Lessee to the Railway without prejudice to any other rights or
remedies of Railway nnder this Lease, Lessee shall not keep or use in the Leased Premises any
article that may be prohibited by any fire, casuahy or other insurance policy in force from time to
time covering the Leased Premises.
C, Claims Handling
If a claim or action is made or brought against either party and for which the other
party may be responsible herennder in whole or in part, such other party shall be notified and
permitted to participate in the handling or defense of such matter.
11, Pur.pose of Lease
8
The premises shall be used only for the purpose of parking, roadway and
beautifieatiOD.
12, No Interference with Railway Operations, Reservation of Rights
The Lessee's use and/or maintenance of the Leased Premises shall not in any way,
or at any time, interfere with or obstruct the use of the Leased Premises or of the remaining land
of the Railway by the Railway, its agents, employees, patrons or assigns. The Lessee will not
discharge surface water upon any other Railway property and railroad tracks of the Railway and
Lessee hereby expressly releases the Railway from liability for any surface water flowing
naturally across Railway's property. Lessee further agrees not to aher the leased premises so as
to cause water to drain or flow onto Railway's property nor so as to cause an undermining of the
adjacent property,
Lessee shall not have or assert any claim or demand whatsoever for compensation
or damages to the Leased Premises or to any improvements now or hereafter erected or property
located thereon which may be caused by the operation. maintenance, repair, relocation, or
removal of Railway's railroad or which may be caused by vibration resuhing from the operation
of said railroad and Lessee releases Railway from any liability for any such damage,
Unless specifically set forth in this Lease, no right of way, expressed or implied,
over remaining property of Railway for the benefit of the Leased Premises is granted by this
Lease.
It is understood between the parties hereto that Railway reserves unto itself, its
successors, pennittees, licenses, or other persons, the right to construct and maintain other
facilities, including but not limited to pipelines andlor communication cables, over and across the
Leased Premises, and further, that Lessee shall take no measures to interfere with the
construction or maintenance of said facilities and shall at all times allow ingress and egress to the
Leased Premises by Railway and its successors, permittees, licensees or other persons provided
that such shall not unreasonably interfere with Lessee's use of the Leased Premises,
Lessee acknowledges that the Leased Premises may contain fiber optic
communication systems, Railway signal and train control cables and other utilities. Prior to any
digging or subgrade work on the leased premises, you must call SUNSHINE for utility locations
at 1-800-432-4110 and the Railway Signal Department at 904-826-2428 for signal and train
control cable locations. Proper notification is required for cable locations and field inspections
to protect against damages.
13. Termination
Either party may, in its discretion, for any reason whatsoever, terminate this Lease at any
time by the giving of 30 days prior written notice to the other party, Notwithstanding the
foregoing, until the requirements of Paragraph 14 of this Lease are met by Lessee, such
termination shall not in any way release Lessee from any of its obligations under this Lease,
including but not limited to Lessee's obligations to pay rent and other charges and fees
9
14. Condition of Premises on Termination
The Lessee shall not mutilate, damage, misuse, or aher, the Leased Premises, but
shall keep the same in good condition and repair, Any and all repairs, alterations or
improvements made on the Leased Premises by Railway at Lessee's request shall be at Lessee's
expense unless otherwise expressly agreed in writing.
Except as otherwise set forth herein, upon the termination or expiration of the
Lease, Lessee shall surrender the Leased Premises to Railway in condition acceptable to
Railway, Prior to termination or expiration of this Lease Lessee shall properly remove all trash,
debris, and other waste materials from the Leased Premises, If Lessee is not then in default and if
the personal property of Lessee on the Leased Premises (the "Lessee's Property") is not then
subject to any other rights, liens or interests of Railway or if removal is not prohibited by law,
Lessee shall also properly remove Lessee's Property prior to termination or expiration of this
Lease. If Lessee is in defauh or Lessee's Property is subject to any other rights, liens or interest
of Railway, then Lessee shall remove only such of Lessee's Property as Railway shall direct, In
addition, if Railway so directs Lessee shall remove any other property on the Leased Premises,
whether such property was placed on the Leased Premises by Railway or others and whether it
was placed on the Leased Premises prior to or during the Lease term (the "Additional Property"),
In no event, however, shall Lessee remove any of the following materials or equipment unless
Railway directs otherwise in writing: any power wiring or power panels; lighting or lighting
fixtures; millwork and cabinetry; wall coverings; drapes, blinds or other window coverings;
carpets or other floor coverings; heaters, air conditioners, or any other heating or air conditioning
equipment; fencing or security gates; plumbing fIXtures, water fountains; or other similar
building operating equipment and decorations, structures, foundations, concrete, asphalt or
fencing (collectively, "Fixtures"), Should Railway direct Lessee to remove any or all of the
Fixtures, whether such Fixtures were placed on the Leased Premises by Lessee, Railway or
others prior to or during the Lease term. Lessee shall properly remove such Fixtures prior to
termination or expiration of this Lease, The removal of Lessee's Property, the Additional
Property and the Fixtures shall be at Lessee's sole cost and expense, Lessee shall repair, at
Lessee's expense, any damage to the Leased Premises caused by the removal of any of Lessee's
Property, the Additional Property or the Fixtures, If Lessee fails to remove Lessee's Property, the
Additional Property or the Fixtures, in addition to the payment requirements set forth in
paragraph 3 hereof, at Railway's option all or part of Lessee's Property, the Additional Property
and/or the Fixtures will become the property of Railway and/or at Railway's option, Railway
may cause removal of all or part of Lessee's Property, the Additional Property and/or the
Fixtures from the Leased Premises and/or storage thereof. The reasonable cost or expense of
removal and/or storage of any of Lessee's Property, Additional Property or Fixtures shall be paid
by Lessee to Railway forthwith upon demand for same,
15, Lessee Improvements
Lessee will not erect or cause to be erected any building or other structure, and
will not make or allow to be made any aherations in or to the Leased Premises (collectively, the
"Alterations") without flTst obtaining the written consent of Railway, which consent may be
granted or withheld in Railway's sole discretion Railway may require Lessee to provide
10
demolition and/or lien and completion bonds in form and amount satisfactory to Railway, All
Lessee Alterations will be accomplished in a good and workmanlike manner at Lessee's sole
expense, in conformity will all applicable laws by a licensed and bonded contractor approved in
advance by Railway, such approval of contractor not to be unreasonably withheld, All
contractors working on Alterations shall carry workers' compensation insurance, commercial
general liability insurance, automobile insurance and excess liability insurance in amounts
reasonably acceptable to Railway and shall deliver a certificate of insurance evidencing such
coverages to Railway prior to commencing work in the Leased Premises. Upon completion of
any such work, Lessee shall provide Railway with "as built" plans, copies of all construction
contracts, and proof of payment for all labor and materials, Any Alterations to the Leased
Premises made by or installed by either party hereto will remain upon and be sWTendered with
the Leased Premises and become the property of Railway upon the expiration or earlier
termination of this Lease without credit to Lessee; provided, however, Railway, at it option, may
require Lessee to remove or repair any Alterations to restore the Leased Premises to the
condition existing at the time Lessee took possession, with all costs of removal, repair,
restoration, or alterations to be borne by Lessee, This clause will not apply to moveable
equipment, furniture moveable trade fixtures, or other personal property owned by Lessee, which
shall be considered Lessee's Property for purposes of paragraph 14 and shall be removed by
Lessee in accordance with Paragraph 14. Lessee will have no authority or power, express or
implied, to create or cause any construction lien or mechanics' or materialmen's lien or claim of
any kind against the Leased Premises or any portion thereof or any Railway property. Lessee
will promptly cause any such liens or claims to be released by payment, bonding or otherwise
within thirty (30) days after request by Railway, and will indemnify Railway against losses
arising out of any such claim including, without limitation., legal fees and comt costs. NOTICE
IS HEREBY GIVEN THAT RAILWAY WILL NOT BE LIABLE FOR ANY LABOR,
SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO LESSEE, OR TO
ANYONE HOLDING THE PREMISES THROUGH OR UNDER LESSEE, AND THAT NO
MECHANICS' OR OTHER LIENS FOR .ANY SUCH LABOR, SERVICES OR MATERIALS
WILL ATTACH TO OR AFFECT THE INTEREST OF RAILWAY IN THE PREMISES.
LESSEE WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONfRACTOR
ENGAGED BY LESSEE PROVIDING LABOR, SERVICES OR MATERIAL TO THE
LEASED PREMISES,
16. Assignment
Lessee will not assign this Lease, in whole or in part, or sublease the Leased
Premises, in whole or in part, without the prior written consent of Railway, which consent is in
Railway's sole discretion and subject to Railway's right of recapture set forth below, and in nO
event will Lessee be released from any obligation or liability under this Lease following any
such assignment or sublease, No sub lessee of the Leased Premises or any portion thereof, may
further assign or sublease its interest in the Leased Premises or any portion thereof. Alllegal
fees and expenses incurred by Railway in connection with the review by Railway of Lessee's
requested assignment or sublease pursuant to this paragraph, together with any legal fees and
disbursements incurred in the preparation and/or review of any documentation., will be paid by
Lessee within thirty (30) days of invoice for payment thereof, as additional rent. If the rent due
and payable by any assignee or sub lessee under any permitted assignment or sublease exceeds
11
the rent payable under this Lease for such space, Lessee will pay to Railway all such excess rent
and other excess consideration within ten (to) days following receipt thereofby Lessee,
17, Fencing
Unless Railway agrees otherwise, before use of the property by Lessee, Lessee shall erect
a barricade or ttmce of a type acceptable to Railway. along all boundaries of the herein leased
ground space. and thereafter shall maintain. repair and/or replace said barricade or fence at
Lessee's sole cost and expense, When the barricade or ttmce is in place. and to expedite the
inspection of it. Lessee shall notify:
Director of Industrial Development and Real Estate
Florida East Coast Railway. L.L.c.
~.u.
Florida East Coast Railway. L.L.C,
10151 Deerwood Park Blvd,
Building 100. Suite 350
Jacksonville. Florida 32256
904-996-2810
In the event Lessee does not notify Railway that the barricade or fence is in place within thirty
(30) days after execution of this Lease, Railway, in its sole discretion, may terminate this Lease
upon notice to Lessee and Lessee shall immediately vacate and surrender the Leased Premises in
accordance with the requirements of this Lease,
18. Care Around Tracks
Lessee shall adopt, monitor and enforce reasonable rules and regulations for the
conduct of Lessee's employees, patrons, agents and contractors (including employees thereof) or
any other persons using the Leased Premises to protect them from injury while on, about or near
any track on or adjoining the Leased Premises.
19. Destruction or Damage to Leased Premises
If the Leased Premises (which shall not include Lessee's Property or property of a
third party) are at any time materially damaged or destroyed by frre or other Acts of God
preventing all use of the Leased Premises by Lessee for the purposes set forth in this Lease and
the extent of such damage or destruction does not in any way resuh or arise from the acts or
failure to act of Lessee, its employees, agents, invitees, visitors, customers, assignees, sub
lessees, contractors or subcontractors, Railway shall have sixty (60) days from such damage or
destruction to determine in its sole discretion and inform Lessee whether Railway will restore the
Leased Premises to substantially the condition that existed immediately prior to the occurrence
of the casualty. If Railway determines not to restore the Leased Premises, it will notify Lessee
and Lessee's sole remedy shall be to terminate the Lease upon prior written notice to Railway, If
Railway elects to rebuild it will give Lessee its reasonable estimation of the time it will take to
restore the Leased Premises. If in Railway's reasonable estimation, the Leased Premises cannot
12
Delde.: p O. D,awer 1048'1
_ , , ,31. Augustine. Flonda 3~085'
_ _ _ _ (904) 8~6-~~69
be restored within two hundred forty (240) days of such damage or destruction, then either party
may terminate this Lease by written notice to the other party. Subsequent to Railway's
determination to restore the Leased Premises, and until the restoration of the Leased Premises is
complete, there shall be an abatement of the rent. Ifthe damage or destruction was caused by
or increased in any way by the acts or failure to act of Lessee, its employees, agents, invitees,
visitors, customers, assignees, sublessees, contractors or subcontractors, of if all or part of the
Leased Premises may be used for the purposes set forth in this Lease, then Lessee shall be
responsible for promptly returning the Leased Premises to their former condition and there will
be no abatement of rent.
20, Default
(a) DEF AUL T. The following will be events of default by Lessee under this Lease:
(1) Failure to pay when due any installment of rent or any other payment
required pursuant to this Lease;
(2) Failure to deliver, maintain and restore the Security Deposit required
under this Lease;
(3) Failure to obtain and maintain the insurance required under this Lease;
(4) The filing of a petition for bankruptcy or insolvency under any applicable
federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an
admission that it cannot meet its fmancial obligations as they become due, or the appointment or
a receiver or trustee for all or substantially all of the assets of Lessee; the foregoing shall also
apply to all guarantors, if any;
(5) A transfer in fraud of creditors or an assignment for the benefit of
creditors, by Lessee or any Guarantor;
(6)
Leased Premises;
Any act which results in a lien being filed against all or a portion of the
(7) The liquidation, termination or dissolution of Lessee or any Guarantor, or,
if Lessee or any Guarantor is a natural person, the death of Lessee or such Guarantor;
(8) Failure to cure any non-monetary provision of this Lease within 20 days
after written notice thereof to Lessee,
(b) REMEDIES. In the event of any default hereunder by Lessee, then without prejudice
to any other rights which it has pursuant to this Lease or at law or in equity, the Railway shall
have the following rights and remedies, which are cumulative and not alternative:
(1) Railway may terminate this Lease by notice to Lessee and retake
possession of the Leased Premises for Railway~s account. Lessee shall then quit and surrender
the Premises to Railway in accordance with the requirements of this Lease, Lessee's liability
13
under all of the provisions of this Lease shall continue notwithstanding any expiration and
surrender, or any re-entry, repossession, or disposition hereunder, including to the extent legally
permissible, payment of all rent and other charges until the date this Lease would have expired
had such termination not occurred and the surrender of the Leased Premises in accordance with
the requirements of this Lease. If Railway so elects, rent may be accelerated and Lessee shall
pay Railway damages in the amount of any and all sums that would have been due for the
remainder of the Initial Tenn or any Renewal Term
(2) Railway may enter the Leased Premises as agent of the Lessee to take
possession of any property of the Lessee on the Leased Premises, to store such property at the
expense and risk of the Lessee or to sell or otherwise dispose of such property in such manner as
the Railway may see fit without notice to the Lessee, Railway shall not be liable in any way in
connection with its actions pursuant to this section, to the extent that its actions are in accordance
with law.
(3) Railway may relet all or any part ofthe Leased Premises for all or any part
of the unexpired portion of the tenn of this Lease or for any longer period, and may accept any
rent then attainable; grant any concessions of rent, and agree, at Lessee's expense, to paint or
make any special repairs, alterations, and decorations for any new lessee as it may deem
advisable in its sole and absolute discretion. Railway shall be under no obligation to relet or to
attempt to relet the Leased Premises greater than that imposed by law,
(4) Railway may remedy or attempt to remedy any default of the Lessee under
this Lease for the account of the Lessee and to enter upon the Leased Premises for such purposes.
No notice of the Railway's intention to perform such covenants need to be given. Railway shall
not be liable to the Lessee for any loss or damage caused by acts of the Railway in remedying or
attempting to remedy such default and the Lessee shall pay to the Railway all expenses incurred
by the Railway in connection with remedying or attempting to remedy such defauk, Any
expenses incurred by Railway shall accrue interest from the date of payment by Railway until
repaid by Lessee at the highest rate permitted by law,
(c) COSTS,
Lessee shall pay to Railway on demand all costs incurred by Railway, including
reasonable attorneys' fees and costs, (whether incurred in preparation for or at trial, on appeal, or
in bankruptcy), incurred by Railway in enforcing any of the obligations of Lessee under this
Lease, In addition, upon any defauk by Lessee, Lessee shall also be liable to Railway for the
expenses to which Railway may be put in re-entering the Leased Premises, reletting the Leased
Premises and putting the Leased Premises into the condition necessary for such reletting
(including attorneys' fees and disbursements, marshall's fees, and brokerage fees, in so doing),
and any other expenses reasonably incurred by Railway,
( d) WAIVER.
No delay or omission by Railway in exercising a right or remedy shall exhaust or
impair the same or constitute a waiver of, or acquiescence to, a default.
14
(e) DEFAULT BY RAILWAY.
In the event of any defauh by Railway of any material term of this Lease, Lessee
will give Railway written notice specifying such default with particularity, and Railway shall
have a period of thirty (30) days following the date of such notice in which to commence the
appropriate cure of such default, If Railway fails to commence and diligently pursue the
appropriate cure of such defauh after such notice or complete same within a reasonable period of
time, Lessee may terminate this Lease upon written notice to Railway. Notwithstanding any
provision of this Lease, Railway shall not at any time have any personal liability under this
Lease, and Lessee's sole remedy with respect thereto shall be termination of the Lease,
21. Hold Over
In addition to and not limiting any other rights or remedies which Railway may
have on account of Lessee holding over without written consent of Railway, Lessee shall pay to
Railway any and all direct and consequential damages incurred by Railway on account of such
unapproved holding over including claims by lessees entitled to future possession
22. Condemnation
If all or a portion of the Leased Premises shall be taken by public or quasi-public
authority under any power of eminent domain or condemnation, this Lease, at the option of the
Railway, shall forthwith terminate and the Lessee shall have no claim or interest in or to any
award of damages for such taking,
23. Quiet Enioyment
If Lessee pays the rent and all other charges and fully performs all of its
obligations under this Lease, Lessee shall be entitled to peaceful and quiet enjoyment of the
Leased Premises for the full Term without interruption or interference by Railway or any person
claiming through Railway,
24. No Waiver or Modification
None of the provisions hereof shall be waived or modified, except by mutual
agreement, in writing. and no alleged verbal or written inducement prior to execution nor
subsequent verbal waiver, or modification, shall be binding under any circumstances. This lease
constitutes the entire understanding of the parties and neither the failure of Railway to enforce
each and every provision, nor any course of conduct by Railway shall be considered as a waiver
of these provisions.
25, Successors and Assigns
The provisions hereof shall be binding upon and inure to the beneftt of the
successor, executors, administrators and pennitted assigns of the respective parties,
15
26. Special Notice Regarding Radon Gas
Lessee is hereby notified that Radon Gas is a naturally occurring radioactive gas
that, when accumulated in a building in sufficient quantities, may present health risks to persons
who are exposed to it over a period of time. Levels of Radon that exceed federal and state
guidelines have been found in buildings in the State of Florida. Lessee is further notified that
additional information regarding Radon Gas, and the testing for Radon Gas, may be obtained
from the Public Health Units of the various counties.
27. Restrictions
Lessee agrees that no plants, shrubbery, trees or other vegetation that would obstruct the
view of motor vehicles or train crews using a crossing at grade, or interfere with the operation of
trains, will be placed on the Leased Premises. In addition to the above restriction, no plants,
shrubbery, trees or other vegetation having a height of more than two (2) feet will be placed
within two hundred and fifty (250) feet of any at grade street crossing, and if such vegetation
exceeds two (2) feet in height, the Railway may trim such vegetation to a two (2) foot height at
Lessee's expense, Plants, shrubbery, trees or other vegetation shall be trimmed by Lessee so as to
maintain this distance from the centerline of the nearest track of twenty-five (25) feet and if such
vegetation is closer than twenty-five (25) feet from the centerline of the nearest track., the
Railway may trim or remove such vegetation so that no vegetation is within twenty-five (25) feet
of the centerline of the nearest track at Lessee's expense, This restriction in no way limits the
indenmification requirements set forth in this Lease. Also, no plants, shrubbery, trees or other
vegetation of a hazardous or noxious nature that might produce injury to any person coming in
contact with said plants, shrubbery, trees or other vegetation will be placed upon the Leased
Premises or any adjacent property by Lessee. The placement of any wells by Lessee on the
Leased Property or any adjacent property is strictly prohibited,
28. Notices
Any notice to be given or to be served upon any party hereunder, in connection
with this Lease, must be in writing and must be given by certified or registered mail and shall be
deemed to have been given and received when a certified or registered letter, containing such
notice, properly addressed, with postage prepaid, is deposited in the U.S, Mail; or, if given
otherwise than by certified or registered mail, it shall be deemed to have been given when
delivered to and received by the party to whom it is addressed. Such notices shall be addressed
to the parties herein at the following addresses:
TO RAIL WAY: Director of Industrial Development and Real Estate
Florida East Coast Railway. L.L.C,
~'F'lorida ,ElIst.g~<lst~lliJ~Yl:lr~,.~:~,g....,
10151 Deerwood Park Bh'd,
Building 100. Suite 350
Jacksonville. Florida 32256
904-996-2810
16
, DeIet1Hl: P 0 Drnwer 1048 (1 Malay;a
Streetl'f
_ _ _ St AU!l1l"tme. FL 3~085-I048
TO LESSEE:
City of Delray Beach
lOON. W. lit Avenue
Delray Beach, Florida 33444
29, Governing Law
This Lease shall be governed by the laws of the State of Florida, In the event any suit,
action or proceeding is brought be either party with respect to this Contract, such action, suit or
proceeding shall be brought in any federal or state court located in Duval or S1. Johns County,
Florida.
30, Cancel and Supersede
As of the date of this Lease, this Lease supersedes that certain Lease Agreement by and
between the parties hereto dated December 17, 1996,
31. Illegality
If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected
or impaired.
32. Security Deposit
Intentionally Left Blank
33. Time is of the Essence, TIME IS OF THE ESSENCE OF THIS LEASE AND ALL
PROVISIONS CONTAINED HEREIN.
34. Waiver of Trial by Jury. RAILWAY AND LESSEE HEREBY KNOWINGLY,
INTENfIONALL Y AND VOLUNTARILY WAIVE TRIAL BY JURY IN ANY ACTION,
PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO
AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THIS LEA~E.
I I I I I I I I I I II I I I I I I I I I II I I I I I I I I II I I I I I I III I I I I II I I I I II I I I I II I I I 111/// I I I II I I II II I I I II III I I II II I II I I I II //I I II II I I II I I I I I I I II I I I I I I I II I I I I I I I
I ".u,
uu uun, / ( ~leted: 1
17
, , .
IN WITNESS WHEREOF, the parties have hereto set their names and seals this
of 2006.
day
Signed, sealed and delivered
FLORIDA EAST COAST RAILWAY,
L.L.C. A Limited Liability Company
in the presence of:
Witness as to Railway
By: (SEAL)
John D. McPherson, President
Attest:
Witness 88 to Railway
Assistant Secretary
Date of Execution:
CITY OF DELRAY BEACH
a Florida Municipal CotpOration
By:
(SEAL)
Witncss 88 to Lessee
Mayor
(Print Name)
(Print Name)
Attest :
Witness 8S to Lessee
City Manager
(Print Name)
(Print Name)
Date of Execution:
Approved as to form:
18
.."
.\ '..\.
j .:....~.'..-.
Gl
~:\ .
. ,~I
.~. , '.,'
.J~ .....
.,.
I"
"
'.
,-
0/
" f1J
~
o
~
r
11 0 F1
j}?
cJ {} rl"I
11' 1) \Y
~ 1 ITI
17 r t
f'!;;
fa
"T
".!'2;\
,
\
.7_'....
.;'.~.
'.a'~.
'-':
. )~~~
. ..~
-r(
r
(!J~
o
:::c
-
o 0
:; )-
n tI:l
~ ~ )-
. ." en
>>- ..,
c:::Zz n
oCc 0
c:::"c:::
lIl~Ql )-
-i>-i en
Zl"'2! ..,
JIl~~
'lI-ic ~
5~C11 _
":a< r"
6 ~ ~
> ~ )-
:s: -<
~ n
-i ~
.~~. X\ \
a_-_
:-! I
,.
"
<
o
'%
"
'.
. \.
....... ,,;,
"\
\.
\
jo,'\V'
-
.;:' \
, ..
, ;
.
\.'
. -:..
, ...........~
oJ'
.< o:"~
" ~i,I:.
"
. . .~.~~
.,
,
.'
\
.,
'..
.t
,- ~~
": "'....1"-:...".
:'<~i.:(:0~ ~,
5"\ ~..:e
~~~i~~~~'
. :- ,:> , ':: ':i~s\
..
r:: . ",'
~;4J;~~::};;;j:;
{~,~;;!:.~i'~' \,.,"' ~'""'I\r......'
.,,~~J~";:~~ .::..J>cj~'["I~~ :,.:
~.",..." .,~,. ,.." 1"'. ..,
,,~:':'~~~~~i~:'~'j. '\
'l;\~ " ~Yf1:~:, ' ti,~I&S':' l
.'::~:, ;t?f<'#: 'a
. . ,1.,pJ...J. . "
" f:~(W"'"T50~, ~"T,1
.~r
" .tL:: -:. \
~,,:
. ,.
.'
\ .
"
..... '.r-.~ -:-. ._,;.,. "_
\ "
:: .:.tl~..{ "l', .... ,.
", :' . :t 1h....:. ."1 ~.~ r..'
':'/;';':,~ ':~.
.....
;L \..
a \ ",
. .-
'\' .: :,...:':..'
.. .~,.. f
,: \ ~~::}... ':.i: .
. ..' . ~ ,-
-I ~": ~
I .", !
.
. ,
! .
',: I
.,
, "
L!/ocA..S/9na/s /6775 rki.Z
't. .
-,
"\. '.
:-.
!.
(;'3;.
Pavod-X-/n.f
.\
. , .
~.~ . ..~ \
", I.
"'I"~:-
.' .
'J'
flJ;s
o
::I
o 0 a
D ~ ~ ~
110 ~:II~~
cJ"'?- ~>~ "" ,
c:ZZ "" ..
r) ...-1 "Cia U <
1P "'0 I>' C::lI~ 0 ;
~ 1 ~ ~~:lI ~ ~
? r ,. ;:;> "" ·
rn r ~~~ ~
t :l'l--l~ t=
..\ 'f( OlliS ~
..;~_ or>'lI~
.,~ _ . s: ....
<~~~ III n
I -Cl ~ 9
n.oC)
r
! .
I
\
\
\
'.
(-
, ,
j
; , '....::,.\)~.~~~::>~.;.:
'!"'\~, '<<~"~>;:'
I,
.
.
J
\
t.O
r ..-J
f;:
. r
t' \:~ "
'~ "'" ~
t:" ~~'.....
.:" ~. fl\ 1'1\
'. , ..
~ ~ \~ .
? \
:. "\r:5W.4- \'-\ .f\(~ \
.. ,'.: j
." ;: . . - E e f
.11. ,~. "': Ii< _ --
c= . Q '"D!",' ..---
.\..-_ ....._- I
167\7.5, \
\& \ - --1
---- \ '2.
Ii \ '....- -'-
---. ~
\: _.1 ;~
.--'~ !7
\-'1 ~.__-
-=~~ '~
1%
.-"-, P,
1\
-- --- ,
10_-
01" ~ .
s.5:-'..L--:::---
/6780
--
o
--
5\ ~t
,--
'.'
,~' .:.~/+
,",: .
...~ ~-
,. -..
:-~j."" ~ ~i ';~.'
.~~ '"
. .
, .~.
'~ .
."... "-;.
...
. ." \.'
"
. .' ~
".
.~~
:.~ N.W.A- S.W~'
,.' ........ .
-,,'":.
, ..
:':-.:-.'
'~.; ~:;tf;, .'
<.:(~;.~:.~. '
. .,~~:;...~:~:it~:7' I . .
/67&S'i:M:ot;"'1; :35'..;ld ~
_ r,.
"'-'/1. ~..' ,;,'
- , . . ..
, . .
- ~ ~. ;,....' . .:, .'r"
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ttr1
AGENDA ITEM # ~ T - REGULAR MEETING OF JANUARY 2.2007
RATIFICATION OF APPOINTMENTS TO THE KIDS & COPS COMMITTEE
TO:
FROM:
DATE:
DECEMBER 29, 2006
The Kids and Cops Committee was established as an advisory board to the City Commission in
May, 1994 with the adoption of Ordinance No. 20-94. Its primary goal is to strengthen the
relationship between the local youth of our community and members of the Delray Beach Police
Department through various programs and activities. It is composed of representatives
designated by the City's Police and Parks and Recreation Department, Delray Beach public
schools and other organizations. Over the years, membership has evolved to include the "Other
Representation" category which has provided the opportunity for interested residents to
participate in the program. The City Commission directly appoints members to fill the "Other
Representation" category. The other appointments are made by the various groups involved and
presented to the Commission for ratification.
The current appointees for ratification are:
Position
Or2anization
Reoresented
Shirley Santiago (Incumbent) Guidance Counselor
Plumosa Elementary
Paul DeDominoco (Incumbent) Educator
Orchard View Elementary
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
All of the current appointees have previously served on the Kids and Cops Committee. The
terms are unexpired ending November 30,2007.
Ratifications are scheduled for the regular City Commission meeting of January 2,2007.
11/06
KIDS AND COPS
TERM REGULAR MEMBERS ORGANIZATION TELEPHONE
EXPIRES REPRESENTED
Atlantic High Office:
Home:
Vacant
Atlantic High (student) Home:
Vacant
11/30/2007 William J. Fay, Jr. (principal) Banyan Creek Office: 638-2151
Ratified 02/07/06 4243 Sabal Lakes Road Home: 624-8150
Delrav Beach, FL 33445
11/30/2007 Yvonne Odom Carver Middle Home: 498-1894
Ratified 02/07/06 3905 Lowson Blvd PBC School District
Delrav Beach, FL 33445
11/30/2007 Cheryl McKeever Other Representation Office: 292-4100
Unexp Appl 6823 Coral Reef Street (Crosspoint Elementary) Home: 964-2968
rY}/06/06 Lake Worth, FL 33467 Cell: 248-8564
11/30/2007 Paul DeDominico Orchard View Home: 998-4644
Unexp Appl 04/05 17720 Oakwood Avenue
Boca Raton, FL 33487
11/30/2007 Pine Grove Elementary Office:
Home:
Vacant
11/30/2007 Shirley Santiago Plumosa Elementary Office: 243-1562
Unexp Appt 3100 NW 4200 Avenue Apt. #103 Home: 590-3778
rY}/06/06 Coconut Creek, FL 33066 Cell: 954-600-7436
11/30/2007 Maxx Benn S.D. Spady Elementary Office: 454-7824
Unexp Appl 5112 Ashley Lake Drive. #621 Home: 735-7530
09/06/06 Boynton Beach, FL 33437 Cell: 319-4506
Fax:: 735-7530
11/30/2007 Cory Cassidy Citizen at Large Office: 715-7100
Ratified 02/07/06 424 Palm Trail Home: 731-4928
Delrav Beach, FL 33483
Clergy-Ministerial Office:
Association Home:
Vacant
11/30/2007 Danielle Gallo Parks and Recreation Office: 243-7277
Ratified 02/07/06 50 N. W. 1st Ave.
Delrav Beach, FL 33444
11/30/2007 Jeffrey Messer, Chair PBA Office: 243-7841
Orig Appl 1997 300 West Atlantic Ave.
Ratified 02/07/06 Delrav Beach, FL 33444
11/30/2007 Edward Smith Police Dept Office: 243-7847
Ratified 02/07/06 1560 NW 2200 Avenue
Delrav Beach, FL 33445
11/30/2007 Jennifer Buce, Co Chair Other Representation Office: 243-7138
Org Appl 04/97 100 N. W. 1st Ave.
Reappl02/07/06 Delrav Beach, FL33444
11/30/2007 Francis Moschette Other Representation Office: 243-7820
ReappI02/07/06 300 West Atlantic Ave
Delrav Beach, FL 33444
Contact: Jeff Messer - 24J-7841
S/City Clerk/Board 06/Kids & Cops
--.. -.......--.
.,.......
*****
m~
1993
2001
RECEIVED
CITY OF DELRA Y BEACH 0 2006
BOARD MEMBER APPLICATIO~EC 7 \/
CITY CLERI'
2. Home Address: h
.3 tJ N (,() d-
3. Legal Residence:
Name ~ J/I
City /J..
IJ3 ~
City
S~te
~
State
infonnation:
1.
1ft{ I'Y}/S,q a pm
City
1Jd~ 2eaeh fi,
E-Mail,. Address: Cell Phone:
V fJ?OO-7~iY-<.
n-hCi ~i1AJmbl<<h .k.J:;)'.~ U ' .
f so, where are you registered?
State
Zip Code
33t.{
, ~ J:I9me Phone: ' :i7s Phone:
~, -37 )( , e:2~3 - /51" d....
6. Are you a .registeJ:ed voteJ:?
Fax:
7. What Board(s) are you interested in serving? Please list in order o~ preference:
8. List all City Boards on which you are currendy serving or have previously served: (please include'dates)
9.
tions:
Gu J dO/J1!/
~ nStlor
nWo r
,
I hereby certify that all the above statements are tnIe, and I agree and understand that any misstatement of material facts
con - . this app' tion may cause forfeiture upon my part of any appointment I may receive.
I ' , ' /J-{ Ole//) te
DATE '
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted It will be the applicant's responsibility to ensure that a cuttent application is on file. .
SlClTYa.m.u:.\BOARlMPrUCAnON
[ITY DF DElRAY IEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHONE: 5(-,11243-7090' FACSIMILE: 561/278-4755
DELRAY BEACH
D.e:d
All-America City
, 1111:
1993
2001
Writer's Direct Line: 561/243-7091
MEMORANDUM
DATE:
December 20,2006
TO:
City Commission
FROM:
Susan A. Ruby, City Attorn
SUBJECT: Appeal to Supreme Court - Villa
Beach County - Annexation Ca e
The Fourth District Court of Appeal denied the motion for rehearing in the above
case. Our office recommends we join in with any appeal filed to the Supreme
Court of Florida.
Please place this matter on the City Commission agenda for January 2, 2006.
SARjw
Attachment
cc: David Harden, City Manager
Chevelle Nubin, City Clerk
F
D/\
.,"'>e'...' 21\1..... ,...."'..,,
,_.." '''^'~: .:: :: .
'1\
~.U
DISTRICT COURT OF ApPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Tenn 2006
THE VILLAGE OF WELLINGTON, THE CITY OF DELRAY BEACH,
THE CITY OF LAKE WORTH, THE TOWN OF SOUTH PALM BEACH,
THE CITY OF ATLANTIS, and THE CITY OF WEST PALM BEACH,
Florida municipalities,
Appellants,
v.
PALM BEACH COUNTY, FLORIDA, a political subdivision,
Appellee.
Nos. 4D05-2666 and 4D05-2687
[November 22,2006]
ON MOTION FOR REHEARING, REHEARING EN BANC,
AND CLARIFICATION
SHAHOOD, J.
We deny the appellant's motion for rehearing and rehearing en bane,
but grant the motion for clarification to correct typographical errors, and
substitute the following opinion.
This action was commenced by The Village of Wellington, the City of
Delray Beach, the City of Atlantis, the Town of South Palm Beach, and
the City of Lake Worth (collectively "Appellants"), bringing an action for
declaratory judgment and injunctive relief against Palm Beach County
(PBC).1 The declaratory judgment portion of the action challenged the
validity of a 2004 amendment to the Palm Beach County Charter, which
intended to provide an exclusive method of voluntary municipal
1 This opinion addresses the issues raised in the appeal f11ed by the Village of
Wellington, City of Oelray Beach, City of Lake Worth, Town of South Palm
Beach, and City of Atlantis in Case No. 4005-2666, and by the City of West
Palm Beach in Case No. 4005-2687. The City of West Palm Beach was not a
signatory of the initial brief f11ed in this appeal nor did it separately f11e an initial
brief. However, as a party in privity, it will be bound by the decision of this
court. Cook v. State, 921 So. 2d 631 (Fla. 2d DCA 2005).
annexation for the County. The trial court entered an order based on
appellants' and PBC's cross-motions for summary judgment. The order
entered found the Palm Beach County Charter Amendment to be
partially valid, but contained three invalid provisions.
Appellants appeal the Order on Motions for Summary Judgment/
Final Judgment. Appellee, PBC, cross-appeals that part of the court's
ruling that found the Charter Amendment contained three invalid
provisions. We affirm the appeal and cross-appeal.
The order appealed related to an ordinance approved by the Palm
Beach County Commission seeking to amend the County's charter
involving voluntary annexation. The trial court in its ruling upheld the
amendment by severing the invalid portions.
On August 17, 2004, the Palm Beach County Commission approved
Ordinance 2004-021. The Ordinance set forth the proposed charter
amendment language, and placed the following question on the ballot for
the November 2,2004, general election, in part:
EXCLUSNE METHOD OF VOLUNTARY ANNEXATION IN
PALM BEACH COUNTY
Shall the Palm Beach County Charter be amended to
authorize an ordinance providing the exclusive method for
voluntary annexations, including notice requirements and
designation of the area outside the urban service area as the
unincorporated protection area where voluntary annexation
must be approved by the county commission, and which
includes unincorporated rural neighborhoods where
voluntary annexation must be approved by the county
commission and majority vote of electors residing within the
boundaries of that neighborhood? Yes _ No _
On October 6, 2004, appellants filed an eight-count Complaint which
included counts for declaratory judgment and injunctive relief against
the County. Appellants requested the court to declare the proposed
charter amendment and the ballot question invalid. Along with the
complaint, appellants filed a Motion for Temporary Injunction, seeking to
remove the ballot question from the November 2, 2004 ballot. The trial
court denied the motion for injunction and permitted the Charter
Amendment to be presented to the voters.
- 2 -
On November 2, 2004, the majority of the electorate of Palm Beach
County voted "Yes" on the ballot question. As a result, Ordinance 2004-
021 was passed, amending the County's Charter by adding the following
language:
As set forth in Article VII of this Charter, Palm Beach County
has the power to establish by ordinance the exclusive
method for voluntary municipal annexation, to the extent
authorized by law, including the designation of an
unincorporated protection area and designation of
unincorporated rural neighborhoods.
The Amendment gave the County Commission power to provide, by
ordinance, the methods of "voluntary municipal annexation." It also
authorized the County Commission to establish and change, by
ordinance, "unincorporated protection areas" ("UPAs") and areas
"eligible" to become "unincorporated rural neighborhoods" ("URNs"). The
Amendment further authorized the County Commission to impose
additional requirements for "voluntary annexation" at any time in the
future. For unincorporated areas not in the UPA or URN, the proposed
Charter Amendment gave the County Commission the right to adopt by
ordinance an annexation method "no more restrictive than general law
regarding the substantive requirements for such annexations."
On December 23, 2004, appellants filed a renewed Motion for
Temporary Injunction, asking the court to enjoin the County from
drafting an ordinance in reliance on the Charter Amendment. The court
again denied the motion. The County proceeded to draft its ordinance.
On December 10, 2004, appellants filed a Motion for Summary
Judgment, and on March 15, 2005, the County filed its response and a
cross-motion for Summary Judgment.
The trial court found that section 171.044(4), Florida Statutes,
requires that any exclusive method must be set forth in the charter itself,
and not provided for by ordinance.
The court ruled that certain portions of the Amended Charter did
contain a valid voluntary annexation method. The trial court severed the
Charter and excised three provisions. The court let the remaining
portions stand as the County's exclusive method of voluntary municipal
annexation.
- 3 -
The issue we address is whether the trial court erred in finding that
section 171.044(4), Florida Statutes, authorizes counties to devise their
own methods of voluntary municipal annexation. Section 171.044(4),
Florida Statutes (2004), provides as follows:
171.044 Voluntary annexation.-
(4) The method of annexation provided by this section
shall be supplemental to any other procedure provided by
general or special law, except that this section shall not
apply to municipalities in counties with charters which
provide for an exclusive method of municipal annexation.
Appellants argue that section 171.044(4) does not allow charter counties
to adopt new charter-based voluntary annexation methods for three
reasons. First, they argue the Florida Constitution states that all
" [m]unicipal annexation of unincorporated territory . . . shall be as
provided by general or special law." Art. VIII, S 2(c), Fla. Con st. (2005).
Counties, they therefore urge, cannot alter the methods of annexation
because it is the sole power of the legislature, which enacts general and
special laws. Second, they urge that section 171.044(4) is simply a
clarifying savings clause to avoid violation of the supplemental voluntary
annexation statute (section 171.044, Florida Statutes) by Dade County.
Dade County has an exclusive method of municipal annexation that
would otherwise violate the statute without the savings clause. Third,
they argue the word "voluntary" cannot be added to the phrase
"municipal annexation" in subsection 171.044(4), Florida Statutes, even
though the section is entitled "Voluntary Annexation." Adding
"voluntary" would conflict with the subsection's plain and obvious
meaning that it applies to all forms of "municipal annexation."
PBC argues that the court did not err, as section 171.044, Florida
Statutes, authorizes counties to establish their own exclusive method of
voluntary annexation.
Section 1 of the Florida Constitution, as amended provides broad
home rule powers on charter counties:
(g) CHARTER GOVERNMENT. Counties operating under
county charters shall have all powers of local self-
government not inconsistent with general law, or with
- 4 -
special law approved by vote of the electors. The governing
body of a county operating under a charter may enact
county ordinances not inconsistent with general law. The
charter shall provide which shall prevail in the event of
conflict between county and municipal ordinances.
Art. VIII, 9 l(g), Fla. Const. (2005).
Amendments to a county charter must be consistent with the Florida
Constitution, general law, and special law. See Charlotte County Bd. of
County Comm'rs v. Taylor, 650 So. 2d 146, 148 (Fla. 2d DCA 1995).
A "general law" operates universally throughout the state, uniformly
upon subjects as they may exist throughout the state, or uniformly
within a permissible classification. Martin Mem'l Med. Ctr., Inc. v. Tenet
Healthsystem Hosp., Inc., 875 So. 2d 797 (Fla. 1st DCA 2004). A "special
law" is one relating to, or designed to operate on, particular persons or
things, or one that purports to operate on classified persons or things
when classification is not permissible or the classification adopted is
illegal. Schrader v. Fla. Keys Aqueduct Auth., 840 So. 2d 1050 (Fla.
2003).
However, under subsection 171.044(4), Florida Statutes, if a charter
of a county contains an exclusive method of municipal annexation, the
procedures set out in section 171.044 do not apply and parties must
follow the procedures of that charter.
In this case, the trial court found that subsection 171.044(4) allows
charter counties to regulate voluntary annexation. The trial court found
that to the extent that section 171.044(4) refers to "an exclusive method
of municipal annexation," that reference must be interpreted as
"voluntary" because it falls under the statute entitled "Voluntary
Annexation. "
A heading of a section or subsection of a statute is part of the law and
can be used to glean statutory intent. See Dep't of Revenue v. Val-Pak
Direct Mktg. Sys., 862 So. 2d 1 (Fla. 2d DCA 2003); Fajardo v. State, 805
So. 2d 961 (Fla. 2d DCA 2001) (title of a legislative enactment may be
helpful in construing an ambiguous statute).
Appellants argue that the trial court erred because in section
171.044(4) the word "voluntary" is not used in the subsection to describe
the method of annexation. Nonetheless, "[i]f the language is clear and
- 5 -
unambiguous, we must apply the statutory provisions according to their
plain meaning and as the Legislature wrote them." G.E.L. Corp. v. Dep't
of Envtl. Prot., 875 So. 2d 1257, 1260 (Fla. 5th DCA 2004). "A court's
function is to interpret statutes as they are written and give effect to each
word in the statute." City of Miami v. Valdez, 847 So. 2d 1005, 1008
(Fla. 3d DCA 2003). The method of annexation under section 171.044 is
entitled "Voluntary Annexation." Within subsection (4) is the reference to
the method of annexation by clarifying as "provided by this section."
Therefore the method of annexation that is the subject of subsection (4)
is voluntary annexation.
Based on the foregoing, we hold the trial court correctly interpreted
subsection (4) to allow charter counties to provide their own method of
voluntary annexation.
The next issue we address is whether the trial court erred in
attempting to sever the unconstitutional portions from the charter
amendment.
Appellants argue that the lower court's attempt to sever invalid
portions of the charter amendment made section 171.044, Florida
Statutes, inapplicable in Palm Beach County. Section 171.044 provides
a method of voluntary municipal annexation, but if a Charter has an
exclusive method of municipal annexation, then the methods of
voluntary annexation provided for in section 171.044 would not apply.
PBC argues that severability can be applied to charter amendments
and that the lower court properly engaged in the four-part analysis set
out in Ray v. Mortham, 742 So. 2d 1276 (Fla. 1999).
Section 6.4 of the Palm Beach County Charter, entitled "Savings
Clause," states: "If any provision of this Charter is held invalid, in whole
or in part, such holding shall not affect any other provision of this
Charter." Furthermore, Part IV of the Charter Amendment ordinance
contained a section entitled "Severability," which states that "[i]f any
section, paragraph, sentence, clause, phrase, or word of this Ordinance
is for any reason held by a Court of competent jurisdiction to be
unconstitutional, inoperative or void, such holding shall not affect the
remainder of this Ordinance." Ordinance 2004-021. Such severability
clauses have been found to indicate an intent to retain the legislation
without the invalid portions. See Ray, 742 So. 2d at 1283 ("The initiative
petition in this case specifically contained a severability clause, which is
- 6 -
persuasive of the fact that the framers intended severability to save the
amendment in case portions of it were declared invalid.").
The trial court used the analysis in Ray to sever and remove the
invalid portions of the Charter Amendment. The court in Ray sets out a
four-part test in determining if a statute is allowed to stand after a
portion of the statute is found unconstitutional. Id. at 1280-81. As
applied to charters, when a part of a charter amendment is declared
invalid, the remainder of the charter amendment will be permitted to
stand, provided:
(1) the unconstitutional provisions can be separated from the
remaining valid provisions, (2) the legislative purpose
expressed in the valid provisions can be accomplished
independently of those which are void, (3) the good and the
bad features are not so inseparable in substance that it can
be said that the Legislature would have passed the one
without the other and, (4) an act complete in itself remains
after the invalid provisions are stricken.
Id. at 1281.
The trial court found three provisions within the Charter Amendment
to be invalid:
(1) the amendment to [Article I,] Section 1.1, which states,
"Palm Beach County has the power to establish by
ordinance the exclusive method for voluntary municipal
annexation, to the extent authorized by law,"
(2) the first sentence of newly-added Article VII, Section 1,
which states, "all voluntary annexations shall be in
accordance with the exclusive method for voluntary
municipal annexation established by ordinance of the
Board of County Commissioners," and
(3) the fifth sentence of Article VII, Section 1, which states,
"For voluntary annexations outside the unincorporated
protection area, the ordinance regulating such
annexations shall be no more restrictive than general law
regarding the substantive requirements for such
annexations. "
The trial court found these prOVISIOns to be invalid because they
allowed the County Commission to define the exclusive method of
- 7 -
voluntary municipal annexation for unincorporated areas not designated
as either an "unincorporated protection area" or an "unincorporated
rural neighborhood" by ordinance. The court concluded that the
requirement in section 171.044(4) that the exclusive method of voluntary
annexation be contained in the Charter itself was violated by allowing the
County Commission to use an ordinance to accomplish the same goal.
We agree and affirm as to this issue. We affirm as to all other issues
raised on appeal and cross-appeal without further discussion.
Affinned.
StEVENSON, C.J., and MAy, J., concur.
*
*
*
Consolidated appeals and cross-appeal from the Circuit Court for the
Fifteenth Judicial Circuit, Palm Beach County; Jonathan D. Gerber,
Judge; L.T. Case No. 502004CA9387XXXXMBAB.
Claudio Riedi, Dexter Lehtinen and Anthony J. O'Donnell of Lehtinen,
Vargas & Riedi, P.A., Miami; Jeffrey S. Kurtz and Jonathan M. Streisfeld,
of Brinkley, Morgan, Solomon, Tatum, Stanley, Lunny & Crosby, LLP,
Fort Lauderdale, for appellant Village of Wellington.
Susan A. Ruby, City Attorney, Delray Beach, for appellant City of
Delray Beach.
Elaine A. Humphreys, Assistant City Attorney, Lake Worth, for
appellant City of Lake Worth.
Keith W. Davis of Corbett & White, P.A., Lantana, for appellants City
of Atlantis and Town of South Palm Beach.
Robert P. Banks, Assistant County Attorney, West Palm Beach, for
appellee.
Linda Brehmer Lanosa, Assistant County Attorney, Orlando, for
Amicus Curiae Orange County.
- 8 -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tiM
SUBJECT: AGENDA ITEM # <g. V - REGULAR MEETING OF JANUARY 2.2007
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
DECEMBER 28, 2006
Attached is the Report of Appealable Land Use Items for the period December 11, 2006 through
December 29, 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\2007 Appealable Agenda Memos\apagmemo Ot0207.doc
TO:
FROM:
DAVID T. ~' C MAGER
JASMIN ALLEN, PLANNER ..~. ~
MEETING OF JANUARY 2, 007 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 11, 2006 THRU
DECEMBER 29, 2006
THRU:
SUBJECT:
The action requested of the City Commission is review of appealable actions which were made by
various Boards during the period of December 11, 2006 through December 29, 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 (6 to 0 Joe Pike absent), of a Future Land Use Map amendment (small-
scale) from TRN (Transitional) to GC (General Commercial) and rezoning from NC
(Neighborhood Commercial) to GC (General Commercial) for three parcels located at 2703,
2709 & 2715 South Federal Highway.
· Recommended approval (6 to 0), of a rezoning from RM (Medium Density Residential) to CF
(Community Facilities) for the proposed Community Land Trust Office, located at 145 SW 1ih
Avenue, on the northeast corner of SW 12th Avenue and SW 2nd Street.
· Recommended approval (5 to 0, Gary Eliopoulos stepped down) of a conditional use
modification request associated with a two story building addition with 1,459 square feet of new
storage area in the basement, and 2,012 square feet of dining area on the ground level to
replace the previously covered patio terrace for Delray Beach Club, located on the east side of
State Road A-1-A (Ocean Boulevard), approximately 900' south of Linton Boulevard (2001 South
Ocean Boulevard). Concurrently, the Board supported on a 4 to 1 vote (Paul Zacks dissenting) a
request for a reduction of 55 parking spaces based on LDR Section 4.6.9(F)(1), which allows a
parking reduction upon receipt and acceptance of special documentation that demonstrates a
reduced number of parking spaces will accommodate a specific use and LDR Section 4.6.9(F)(3)
which allows the use of a valet service. Of the 55 spaces, 46 will be accommodated on site
utilizing a valet configuration.
City Commission Documentation
Appealable Items Meeting of January 2, 2007
· Continued 5 to 0 (Mark Krall stepped down), privately initiated amendments to the Land
Development Regulations (LDRs), Article 4.7, "Family Workforce Housing," Section 4.7.2,
"Applicability," to allow payment of a fee to the Delray Beach Community Land Trust in lieu of
providing Workforce Housing units on site in order to qualify for increased height or density in the
CBD (Central Business District), and Section 4.7.9 "General Provisions," to allow one bedroom
units in the Workforce Housing Program.
· Recommended approval (5 to 0, Gary Eliopoulos stepped down) of a combined preliminary/final
plat for Cannery Row, a proposed 82-lot townhouse subdivision, with accessory community
uses, located on the west side of Pineapple Grove Way, between NE 3rd Street and NE 4th
Street.
· Recommended approval (6 to 0), of a combined preliminary/final plat for Gramercy Square Plat
Two, a proposed 57-lot townhouse subdivision, located west of Military Trail, south of West
Atlantic Avenue.
A. Approved (7 to 0), a new blanket sign program for an existing commercial building located at 605
SE 1st Avenue.
B. Approved (7 to 0), a new master sign program for Wahoo Properties, Inc. an existing
commercial building located at 755 NW 1 ih Avenue within the Delray Park of Commerce.
C. Approved (7 to 0), a request for a color change for Community Market Place, located on the
south side of West Atlantic Avenue, west of SW 11th Avenue (1130 West Atlantic Avenue).
D. Approved (6 to 0, Jose Aguila, stepped down), a request for a color change for Delray Harbor
Club Gate House, located on the east side of South Federal Highway, south of SE 10th Street
(1035 South Federal Highway).
E. Approved (7 to 0), a request for a color change for 341,343 and 345 NE 3rd Avenue.
F. Approved (7 to 0), a request for a Class I site plan modification associated with the construction
of two decorative towers and the expansion of the building by 90 square feet for Orange Royal,
located on the west side of South Federal Highway, north of the C-15 Canal.
G. Approved (6 to 1, Shane Ames dissenting), a Class II site plan modification associated with the
installation of an entrance gate with call box for Valencia Court, located on the north side of Old
Germantown Road, west of Homewood Boulevard. Concurrently, the Board approved a waiver
reducing the stacking distance from 100 feet to 48 feet.
H. Approved with conditions (6 to 0, Andrew Youngross stepped down), a Class V site plan,
landscape plan and architectural elevation plan associated with the construction of 82
townhomes, 2,763 square foot community facility and public open space for Cannery Row,
located on the west side of Pineapple Grove Way, between NE 3rd Street and NE 4th Street.
Concurrently, the Board recommended approval of the following waivers:
· Approved a waiver to LDR Section 4.6.18(B)(14)(iii)(1)(b), which requires that exterior walls
or vertical surfaces not exceed 85% of the length of the arcade, porch, loggia, or balcony.
2
City Commission Documentation
Appealable Items Meeting of January 2, 2007
· Approved a waiver to LDR Section 4.6.18(B)(14)(v)(3), which requires that miscellaneous
free standing, wall or ground mounted appurtenances such as electrical and gas meters,
dumpster/recycling, trash compactors, gas tanks, air conditioning and communication
equipment shall be enclosed or screened and integrated into the buildings architectural
treatment.
· Approved a waiver to LDR Section 4.6.18(B)(14 )(v)(2), which requires that a maximum of 4
primary wall colors shall be used for each building.
I. Approved (7 to 0), an extension request (expiring October 27, 2008) for Tropic Cay
Townhomes, located at the southeast corner of Frederick Boulevard and Avenue "F".
J. Tabled (7 to 0), a Class II site plan modification request associated with the installation of a pre
fabricated bank building for Sun American Bank, located on the north side of SE 6th Street,
between SE 5th Avenue and SE 6th Avenue. The Board requested that the applicant revise the
color scheme and that the building be lowered.
J. Approved with conditions (7 to 0), a Class II site plan modification request associated with the
installation of a pre fabricated bank building for Sun American Bank, located on the north side
o(SE 6th Street, between SE 5th Avenue and SE 6th Avenue.
K. Approved with conditions (6 to 0, Andrew Youngross stepped down), a Class III site plan
modification associated with the construction of an ancillary parking lot and an outdoor dinin~
area for La Cigale, located on the east side of SE 5th Avenue, south of SE 2nd Street (235 SE 5t
Avenue).
L. Tabled (7 to 0), a Class V site plan, landscape plan and architectural elevation plan associated
with the construction of a mixed-use building containing 4,571 sq. ft. of offices and 4 residential
units for Engtek, located on the north side of George Bush Boulevard, between NE 6th Avenue
and NE ih Avenue. The Board tabled the item and provided direction to the applicant to
redesign the building as the Board felt that the building was not in keeping with the character of
the street.
No appealable items were considered by the Board. However, the following action was taken by the
Board.
· Approved (4 to 1, Joann Peart dissenting, Toni DelFiandra and Jeanette Dobson absent), a
variance request to reduce the side yard and rear setbacks for 20 North Swinton Avenue. The
variance request reduces the side yard setback from 7 -feet, six inches (7' 6") to three-feet, eight
inches (3' 8") and the rear setback from 10 feet to three-feet, 10 inches (3' 10") in order to allow
the relocation of a contributing structure from 24 North Swinton Avenue.
By motion, receive and file this report.
3
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
JANUARY 2, 2007
L-30 CANAL
~ ...
~ fa
:c: 5
~ ~
"? '"
LU
~ Cl
'"' ~ LAKE IDA
a:
5 15
5E ~
0::
r-" ~
~ """,_"
~
0 ,,_,,_,,-1'''-''1
'"
I
-" "_,,_,,_,,_,,J
ATLANTIC
., ~
lU lU
L,,-, '" '" 1::1
... ...
i!: i!: ~
.. " ~
~ ~ ~ ~
~ ~ ~
~ ~
en 10TH ST. .....
LOWSON BOULEVARD lU ....
'"
... ~
>- 8 i!: 1::1
a: ~ ~
S ~ .....
~ ~ ....
!i ~
LINTON
~
'"
~
Cl
~
U
L"_'I_ll
L"....,j
~
:z
L -38 CANAL
C-15 CANAL
~
SPRAB
A. 605 S.E. 1 ST. A VENUE
B. WAHOO PROPERTIES, INC.
C. COMMUNITY MARKET PLACE
D. DELRA Y HARBOR CLUB GA TE HOUSE
E. 341, 343, 345 N.E. 3RD. AVENUE
F. ORANGE ROYAL
G. VALENCIA COURT
H. CANNERY ROW
I. TROPIC CA Y TOWNHOMES
J. SUN AMERICAN BANK
K. LA CIGALE
L. ENGTEK BUILDING
-,,-,,-,,- CITY LIMITS .,,-,,-,,-
ONE MILE
GRAPHIC SCALE
CITY OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
JANUARY 2oo7
.. DIGITAL BASE MAP SYSTEM..
TO:
~
THRU:
IRECTOR OF PLANNING AND ZONING
FROM:
ESTELlO BRETO, S
SUBJECT:
MEETING OF JANUARY 2,2007
CONDITIONAL USE MODIFICATION REQUEST FOR DELRAY BEACH CLUB TO
ALLOW THE OPERATION OF A PRIVATE CLUB WITH ATTENDANT
RECREATIONAL, DINING, AND RELATED ACCESSORY FACILITIES IN THE RM
(MULTIPLE FAMILY - MEDIUM DENSITY RESIDENTAL) DISTRICT ON THE EAST
SIDE OF SOUTH OCEAN BOULEVARD (STATE ROAD A-1-A), SOUTH OF LINTON
BOULEVARD (2001 SOUTH OCEAN BOULEVARD).
The subject property contains a 24,032 sq. ft. one-story clubhouse with basement, in-ground pool, snack
bar, pool bar, tennis courts, and ninety (90) parking spaces and is zoned Medium Density Residential
(RM).
The current development proposal involves the construction of a basement addition with 1,549 sq. ft of
new storage area, and 2,012 sq. ft. of dining area on the ground level (which includes an elevator and
stair-well) to replace the previously covered patio terrace. The covered patio terrace was damaged by
hurricane Wilma and had a seating capacity of 130 seats. The proposed dining area will have a seating
capacity of 115 seats. The proposal also includes the renovation of a pool bar and snack bar adjacent to
the pool area. Since the use is allowed as a Conditional Use this is a modification of the approved
Conditional Use.
The application also includes a special action request pursuant to Section 4.6.9(F)(1) of the City's Land
Development Regulations, to allow a parking reduction of 55 spaces upon receipt and acceptance of
special documentation that demonstrates a reduced number of parking spaces will accommodate a
specific use. Based on a demand figure of one parking space per 192 square feet, the total demand for
the facility will be 145 spaces at build-out (55 additional spaces). Forty-six (46) of the 55 spaces will be
provided on site in a valet configuration resulting in a deficiency of 9 spaces. Final approval for this
special action request rests with the Board that approves the site plan (SPRAB) with its action being
appealable to City Commission. Additional background and an analysis of the Conditional Use request
are found in the attached Planning and Zoning Board staff report.
At its meeting of December 18, 2006, the Planning and Zoning Board held a public hearing in conjunction
with the Conditional Use modification request. After reviewing the staff report and discussing the
proposal, the Board voted 5 to 0 to recommend that the Conditional Use modification request be
approved, and 4-1 to recommend that the special action request be approved. Two of the conditions on
page 8 of the Planning & Zoning Board staff report were modified. NO.4. was changed from an 8' wall to
a continuous buffer to be determined by SPRAB and No.6. was changed to include language "unless a
waiver is obtained." This recommendation was based upon positive findings with respect to LDR Section
2.4.5(E)(5) and that the request is consistent with the Comprehensive Plan, subject to the conditions
outlined in the Planning and Zoning Board staff report.
Approve the conditional use to allow the private beach club with attendant recreation, dining, and related
accessory facilities in the RM zoning district for the Delray Beach Club, by adopting the findings of fact
and law contained in the staff report, and finding that the request is consistent with the Comprehensive
Plan and meets criteria set forth in Section 2.4.5(E)(5), and Chapter 3 of the Land Development
Regulations subject to the conditions of approval as modified by the Planning & Zoning Board.
Attachment:
· Planning & Zoning Staff Report of December 18, 2006
q.A
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR THE DElRAY BEACH CLUB
ORDER OF THE CITY COMMISSION
OF THE CITY OF DElRA Y BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
January 2, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for the
Delray Beach Club. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future land Use Element Obiective A-1: This
objective requires that the property shall be developed or redeveloped, in a manner so
that the future use and intensity is appropriate in terms of soil, topographic, and other
applicable physical considerations, is complementary to adjacent land uses, and fulfills
remaining land use needs.
Is this objective met?
Yes No
b. Future land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map. The subject property has a Future Land Use Map designation of MD and is
zoned RM.
Future Land Use - Is project's proposed location consistent with the
Future land Use Map?
Yes
No
1
c. Concurrency: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
Concurrency as defined pursuant to Objective B-2 of the Land Use Element of
the Comprehensive Plan must be met and a determination made that the public facility
needs of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
d. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes No
e. Coastal Manaaement Element Obiective D-2: There shall not be any
development upon the barrier island which shall reduce hurricane evacuation time
beyond its present level or which shall lower the level of service at the intersections of
SR A-1-A and Atlantic Avenue; George Bush Boulevard and SR A-1-A; or at Linton
Boulevard and SR A-1-A.
Is this policy met?
Yes No
II. LDR REQUIREMENTS:
LDR Section 2.4.5(E) Reauired Findinas: (Conditional Use): Pursuant to
Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
2
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby properties.
Will Section 2.4.5(E}(5} be met?
Yes No
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves_
denies _ the conditional use request set forth above subject to the Conditions set
forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this
Order this 2nd day of January, 2007, by a vote of in favor of denial and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
3
EXHIBIT A
1. Approval of a site plan by SPRAB that is in general conformance to the submitted
sketch plan and addresses the "Exhibit "A" - Landscape Technical Items" attached
in the staff report;
2. That a letter be received from the Palm Beach County Traffic Engineering Division
indicating that the proposed development meets the required traffic concurrency;
3. That engineering, grading and drainage plans be provided during the site plan
review process;
4. That a continuous effective buffer, subject to approval by the SPRAB Board, be
installed along the north and south side of the property;
5. That outdoor music including amplified or un-amplified should be restricted after
11 :00 p.m.;
6. That two ADA accessible parking spaces be located within close, accessible
proximity of the ADA accessible ramp providing access to the facility unless waivers
are obtained from the City;
7. That a parking professional (valet service) be available for vehicle retrieval during
business hours and that a valet parking agreement be executed pursuant to LDR
Section 4.6.9(F)(3)(a); and
8. That all lighting comply with Code of Ordinance Section 91.51 and all windows be
tinted to minimize lighting glow on the beach. All spotlights illuminating the grounds,
building, or beach area are prohibited during March 1st through October 31st. It is
further recommended that lighting standards available from the Department of
Environmental Resource Management and Florida Department of Environmental
Protection be followed in the design of lighting for this building.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
December 18, 2006
IV.C.
Conditional Use Request for Delray Beach Club to allow a private beach club with
attendant recreational, dining, and related accessory facilities on the east side 0
South Ocean Boulevard, south of Linton Boulevard (2001 South Ocean Boulevard).
GENERAL DATA:
Owner. .. .. .................... Delray Beach Club
Agent......................... Eliopoulos Architecture Inc.
Applicant..................... Eliopoulos Architecture Inc.
Location.......................... The subject property is located on
the east side of South Ocean
Boulevard, south of Linton
Boulevard (2001 South Ocean
Boulevard).
Property Size.................. 3.4 acres
Future Land Use Map..... MD (Medium Density 5-12 du/ac)
Current Zoning............... RM (Multiple Family Residential-
Medium Density)
Adjacent Zoning....North: RM (Residential Medium Density)
East: The Ocean
South: RM (Residential Medium Density)
West: RM (Residential Medium Density)
Existing Land Use.......... Private Beach Club
Proposed Land Use........ Conditional Use request to demolish
the existing covered terrace and
construct a new 2,012 sq. ft.
restaurant and a 1,549 sq. ft. storage
area
Water Service................. Existing on site.
Sewer Service................ Existing on site.
>-
<(
:;:
0:::
W
~
<(
:;:
UJ
I-
<(
l-
V)
IV.C.
The action before the Board is making a recommendation to the City Commission on a
conditional use modification request for the Delray Beach Club to allow modification of a
private beach club with dining, recreational, and related accessory facilities in the RM (Multiple
Family - Medium Density Residential) zoning district, pursuant to LOR Section 2.4.5(E).
The property is located on the east side of South Ocean Boulevard (State Road A-1-A), 900'
south of Linton Boulevard (2001 South Ocean Boulevard).
The subject property consist of an approximately 24,032 sq. ft. foot building and is zoned
Medium Density Residential (RM). The property contains a one-story clubhouse with basement,
in-ground pool, tennis courts, and ninety (90) parking spaces.
In November of 1989, a non-impacting site plan modification was approved to allow Delray
Beach Club to replace an existing canopy over the pool deck to be utilized for seating area and
shade area for bathers.
In 1994, the interior of the Beach Club was remodeled and on November 7, 1999, a non-
impacting site plan modification was approved to reconfigure the loading area, allowing an
extension of four and a half feet to the north end of the loading space.
On September 18, 2001, the Delray Beach Club received administrative approval to construct a
handicap ramp directly north and adjacent to the main entrance to the building.
The current development proposal involves the construction of a (2) two-story addition with
1,549 sq. ft of new storage area in the basement, and 2,012 sq. ft. of dinning area on the ground
level (which includes an elevator and stair-well) to replace the previously covered patio terrace.
The covered patio terrace was damaged by hurricane Wilma and had a seating capacity of 130
seats. The proposed dinning area will have a seating capacity of 115 seats. The proposal also
includes a pool bar and snack bar adjacent to the pool area.
The conditional use modification application includes a special action request pursuant to
Section 4.6.9(F)(1) of the City's Land Development Regulations, which allows a parking
reduction upon receipt and acceptance of special documentation that demonstrates a reduced
number of parking spaces will accommodate a specific use.
The conditional use modification application and special action request for this private beach
club are now before the Board for consideration.
REQUIRED FINDINGS (Chapter 3):
Pursuant to LOR Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body, which has the authority to approve or
deny the development application. These findings relate to Future Land Use Map
Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the
LDRs as noted below.
Planning and Zoning Board: Meeting of 12/18/06
Delray Beach Club - Conditional Use Request
Page 2
FUTURE LAND USE MAP: The use or structures must be allowed in the zone district
and the zoning district must be consistent with the land use designation.
The subject property has a MD (Medium Density 5-12 du/ac) Future Land Use Map designation
and RM (Medium Density Residential) Zoning District designation. Pursuant to LDR Section
4.4.6(D)(11), Private Beach Clubs are allowed as a conditional use in the RM zoning district.
Based upon the above, positive findings can be made with respect to consistency with the
Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided
to new development concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service established within the
Comprehensive Plan.
Water and Sewer: Water and sewer service is available from existing 8 inch mains along South
Ocean Boulevard. Pursuant to the City's Comprehensive Plan, treatment capacity is available at
the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant
for the City at build-out. Based upon the above, positive findings can be made with respect to
this level of service standard.
Drainage: No conceptual engineering plan has been submitted with the conditional use
application. However, it would appear that drainage could be accommodated via sheet flow to
catch basins and an exfiltration trench system. A condition of approval is attached that
engineering, grading and drainage plans be provided during the site plan review process. There
are no problems anticipated in retaining drainage on site and obtaining any/all necessary
permits.
Traffic: A traffic statement has been submitted which indicates that the proposed development
will generate an additional (111) average daily trips and an additional (8) a.m. and (8) p.m. peak
hour trips. The traffic statement has been transmitted to the Traffic Engineering Division of
Palm Beach County. However, no response regarding concurrency has been received. It is
noted that there is no concern with respect to traffic concurrency for A 1 A in this area. Thus, a
positive finding of concurrency can be made subject to the condition that a letter to this effect is
received from the Palm Beach County Traffic Engineering Division.
Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive
Plan indicate in its conclusion that ''The City will have sufficient recreation facilities at build-out
to meet the adopted standards." Since the Delray Beach club does not include a residential
component, there will be no impact on this level-of-service.
Solid Waste: The existing 24,032 sq. ft building generates a total of 141.78 tons of solid waste
annually. The proposed 2,012 sq. ft. restaurant, the 439 sq. ft. outdoor bar, the 675 sq. ft. pool
snack bar, and the proposed 1,549 sq. ft. basement storage area will generate an additional
total of 48.1 tons of solid waste annually, thereby increasing the total generation of the facility to
189.9 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient
capacity to handle all development proposals until the year 2021, thus a positive finding with
respect to this level of service standard can be made.
Schools: School concurrency is not applicable since there is no residential component to the
proposed development.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and
required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the
Planning and Zoning Board: Meeting of 12/18/06
Delray Beach Club - Conditional Use Request
Page 3
basis upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and policies that are relevant to the Conditional Use
application are noted:
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
The proposed restaurant will be constructed on the south side of the existing club building and
adjacent to the pool. There are no physical concerns with the proposed redevelopment of the
property. It is noted that the existing Delray Beach Club is currently nonconforming with respect
to parking. The applicant has indicated that all parking spaces utilize a valet parking service.
Adequate valet queue space appears to be provided in front of the existing club building.
Coastal Manaaement Element Obiective 0-2: There shall not be any development upon
the barrier island which shall reduce hurricane evacuation time beyond its present level
or which shall lower the level of service at the intersections of SR A-1-A and Atlantic
Avenue; George Bush Boulevard and SR A-1-A; or at Linton Boulevard and SR A-1-A.
The upgrading of the existing Delray Beach Club facility and construction of a new restaurant
will not affect hurricane evacuation times on the barrier island. Hurricane evacuation times are
primarily impacted by the number of dwelling units as residents attempt to leave the area for
safer accommodations.
LOR SECTION 2.4.5(E) - REQUIRED FINDINGS:
Pursuant to LOR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City
Commission must make findings that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
The subject property is bordered on the north, south, and west by RM (Multiple Family
Residential - Medium Density) zoning and on the east by the ocean. The adjacent land uses
include: The Fountain House subdivision to the north; the Delray Beach Condos to the west; the
Bermuda Gardens High condos to the south, and the ocean to the east. The applicant has
indicated that most of the Delray Beach Club members reside in the multiple family structures
located to the west, north and south of the subject property.
In addition to the landscaping material proposed by the applicant and in order to better buffer
the beach club from the residential structures to the north and south of the property, a
continuous 8-foot high wall along the north and south side of the property shall be provided and
this is attached as a condition of approval. Further, to enhance compatibility, a condition is
attached that outdoor music, including amplified or un-amplified music should be restricted after
11 :00 p.m.
Planning and Zoning Board: Meeting of 12/18/06
Delray Beach Club - Conditional Use Request
Page 4
A condition of approval is also proposed to require that all lighting comply with Code of
Ordinances Section 91.51 and all windows be tinted to minimize lighting glow on the beach. All
spotlights illuminating the grounds, building, or beach area are prohibited between March 1 sl
and October 31 Sl. It is further recommended that lighting standards available from the
Department of Environmental Resource Management and Florida Department of Environmental
Protection be followed in the design of lighting for this building. These modifications are
necessary to assure that this facility does not create a disorientating effect on hatching sea
turtles.
In conclusion, the proposed redevelopment of the Delray Beach Club will not negatively impact
the surrounding neighborhood if approved with conditions as recommended by staff. Further,
the proposed redevelopment of the beach club will not hinder the development or
redevelopment of adjacent residential properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was submitted which staff
has reviewed. It is noted that the conceptual plan is insufficient to conduct a complete
analysis of the Land Development Regulations. If the Conditional Use is approved, a full
site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's
review of the sketch plan and site inspections, the following analysis is provided.
LDR Section 4.3.4(K) Development Standards Matrix:
The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains
to the Medium Density Residential (RM) zone district:
Front
Side Interior (North)
Side Interior (South)
Rear
76'-6"
138' -6"
180'
14.3%
61.6%
Parking Requirements:
Pursuant to LDR Section 4.6.9(C)(3)(d), the required parking for the 2,012 square foot
restaurant is 24 spaces (12 spaces per 1,000 sq. ft. of floor area); the required parking for the
1,549 sq. ft. basement storage addition is31 (1 space per 50 sq. ft. of floor area). The pool
snack bar is an existing structure and shall not require additional parking. The total additional
parking requirement for the proposed renovation is 55 parking spaces. Given the 90 parking
spaces on-site and the 55 additional parking spaces required, the proposed Delray Beach Club
is deficient 55 spaces with the proposed club renovation.
The Defray Beach Club has been operating as a private club since 1970. The maximum seating
capacity (existing since 1994) is 284 seats, which will be maintained with the proposed
renovation. The applicant has indicated that the club patrons' vehicles will be parked by valet
attendants from 10:15 a.m. until closing. In addition, the parking lot located on the north portion
of the site is used as "Bull Pen Parking" by the valet service.
Planning and Zoning Board: Meeting of 12/18/06
Delray Beach Club - Conditional Use Request
Page 5
Use of club facilities is limited to members only. The club limits membership and will continue to
maintain a limited membership. The applicant has indicated that only beach club members will
use the restaurant, and thus, the proposed dining area does not operate the same as a
standard sit-down restaurant, and therefore, does not warrant the same parking calculation.
Pursuant to LOR Section 4.6.9(F)(1), when, upon receipt and acceptance of special
documentation, it is conclusively demonstrated that a reduced number of parking spaces will
accommodate a specific use, the body which acts on the attendant site plan may reduce the
parking requirements accordingly. The applicant has submitted the attached letter dated
December 11, 2006 as the "special documentation" to justify the reduced number of parking
spaces. The following is an abstract of this letter:
"Currently, the parking field on the Delray Beach Club site contains a total official supply
of 90 delineated parking spaces; however, because the site utilizes valet operations for
site parking, more vehicles are often parked on site because vehicles can be doubled
parked by valet operators, Existing parking demand was quantified by conducting
parking counts at eve/y ten minutes intervals on the site on Wednesday, December 6,
2006, between 10:30 p.m. and 2:30 p.m. Friday December 8, 2006, between 5:30 p.m.
and 10:30 p.m. The Club holiday party dinner was conducted on December 8, 2006,
which is one the busiest day of the year as far as parking operation, is concerned.
The data collection and the analysis indicate that the peak demand observed during
December 8, was 125 vehicles, which occurred at 7:30 p.m. During the December 6,
observations, the peak observed was 74 parking spaces, which occurred at 2:00 p.m.
Based on this observed peak the required parking demand rate was determined to be
1 parking spaces per 192 sq. ft. of building area based on the existing building area of
24,032 sq. ft.. This Demand rate was applied to the proposed total building area to
determine the required parking supply upon built-out of the proposed project.
Accordingly, the required parking supply is determined to be 150 parking spaces.
Based on the required parking supply calculations for the proposed building area,
there is an additional demand for 60 parking spaces. This additional demand can be
accommodated along the stacking distance available within the site.
As stated above, the applicant indicates that the additional parking can be accommodated along
the stacking distance (drive aisles) available within the site. The applicant has submitted a
sketch to support this statement, which indicates parking for 61 vehicles along the drive aisles.
However, the sketch shows parking along both sides of parking aisle on the north side of the
building. This which will not allow sufficient maneuvering room. Eliminating the parking on the
south side of this aisle reduces the number to 46 spaces. Please also note that the size of the
building addition (basement storage) has been reduced since the above justification was
submitted. Based on the stated demand figure of one parking space per 192 square feet, the
total demand for the facility will be 145 spaces at build-out (55 additional spaces).
Based on the required parking for the proposed building area, pursuant to the City's Land
Development Regulations, there is an additional demand for 55 parking spaces, which is the
same as indicated in the applicant's alternative analysis.
The applicant has made a sound argument for the reduction of parking based on:
. The observed peak parking as a factor that determines the required parking demand rate to
be 1 parking spaces per 192 sq. ft. of building during the busiest day of the year;
. The permanent valet attendant service provided by the club;
. The functional provision of parking within the drive aisles; and
Planning and Zoning Board: Meeting of 12/18/06
Delray Beach Club - Conditional Use Request
Page 6
. The characteristics unique of members-only aspect of the Delray Beach club restaurant and
limited membership.
Given the potential to park 46 vehicles along the drive aisles, there is a deficit of 9 parking
spaces. Staff supports this reduction based on the applicant's analysis. However, since this
reduction is predicated on the use of a valet service which will park additional vehicles within the
drive aisles, a parking professional (valet service) be available for vehicle retrieval during
business hours and that a valet parking agreement be executed pursuant to LDR Section
4.6.9(F)(3)(a).
Handicap Accessible Parking:
The existing parking lot provides four (4) handicap parking spaces on the north portion of the
site. This configuration allows for persons with disabilities to self park vehicles that parking
professionals are unable to drive due to control mechanisms that may be required to operate
the vehicle. However, with the proposed stacking of vehicles in the aisle adjacent to these
parking spaces, this will not be possible.
Pursuant to LDR Section 4.6.9(F)(3)(e) the following shall apply:
(e) Valet parking may be utilized to conform with the number of handicap accessible
parking spaces provided that:
(i) At least two (2) handicapped accessible spaces are provided adjacent to the vehicle
queuing area for those vehicles which cannot be operated by the parking
professional; and
(ii) The disabled person's vehicle may be safely operated by aforementioned parking
professional.
To comply with the above, two ADA accessible parking spaces must be located within close,
accessible proximity of the ADA accessible ramp providing access to the facility. This has been
attached as a condition of approval.
The proposed development is not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Site Plan Review and Aooearance Board:
If the Conditional Use request is approved, a site plan application will be processed for the
development proposal, with final action by SPRAB.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations and interested
parties, which have requested notice of developments in their areas:
. Neighborhood Advisory Council
. Jerry Franciosa, Progressive Residents of Delray (PROD)
. Carol Zimmerman, President's Council
. Bob Sparvero
Planning and Zoning Board: Meeting of 12/18/06
Delray Beach Club - Conditional Use Request
Page 7
. Bermuda High West Condo
. Bermuda High South
. Bermuda High Beach and Tennis Club
. Beach Property Owners Association
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection will be presented at the Planning and Zoning Board
meeting.
The applicant has requested a special parking reduction based on the additional parking
available along the drive aisles since all of the Delray Beach Club patrons' vehicles will be
parked by valet attendants, and the unique nature of the private membership beach club
restaurant facility. This reduction is supportable based on:
. The observed peak parking as a factor that determines the required parking demand
rate to be 1 parking spaces per 192 sq. ft. of building during the busiest day of the year;
. The permanent valet attendant service provided by the club;
. The functional provision of parking within the drive aisles; and
. The characteristics unique of members-only aspect of the Delray Beach club restaurant
and limited membership.
In summary, the proposed development is a modification of an existing facility that is
constrained by the existing parking and building layout. The proposed use is consistent with the
objectives and policies of the Comprehensive Plan and Chapter 3 of the Land Development
Regulations. Positive findings can be made with respect to LDR Section 2.4.5(E)(5) regarding
compatibility of the proposed development with the surrounding properties.
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission for the conditional use
modification request to allow modification of a private beach club with recreational, dining,
and related accessory facilities in the RM (Multiple Family - Medium Density Residential) for
the Delray Beach Club, by adopting the findings of fact and law contained in the staff
report, and finding that the request is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(E)(5), and Chapter 3 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the conditional use
modification request to allow modification of a private beach club with recreational, dining,
and related accessory facilities in the RM zoning district for the Delray Beach Club, by
adopting the findings of fact and law contained in the staff report, and finding that the
request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in
Section 2.4.5(E)(5), and Chapter 3 of the Land Development Regulations.
Planning and Zoning Board: Meeting of 12/18/06
Delray Beach Club - Conditional Use Request
Page 8
Special Action:
Recommend to the Site Plan Review and Appearance Board approval of the reduction of
parking spaces required pursuant to LDR Section 4.6.9(C)(3)(d) by 55 spaces, with 46 spaces
to be accommodated through the use of a valet service utilizing the drive aisles to
accommodate the additional spaces, based on LDR Section 4.6.9(F)(1), which allows a parking
reduction upon receipt and acceptance of special documentation that demonstrates a reduced
number of parking spaces will accommodate a specific use and LDR Section 4.6.9(F)(3) which
allows the use of a valet service.
Conditional Use:
Move a recommendation of approval to the City Commission for the conditional use request to
allow a private beach club with recreational, dining, and related accessory facilities in the RM
zoning district for the Delray Beach Club, by adopting the findings of fact and law contained in
the staff report, and finding that the request is consistent with the Comprehensive Plan and
meets criteria set forth in Section 2.4.5(E)(5), and Chapter 3 of the Land Development
Regulations, subject to the following conditions:
1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch
plan and addresses the "Exhibit "A" - Landscape Technical Items" attached in the staff
report;
2. That a letter be received from the Palm Beach County Traffic Engineering Division indicating
that the proposed development meets the required traffic concurrency;
3. That engineering, grading and drainage plans be provided during the site plan review
process;
4. That a continuous 8-foot high wall along the north and south side of the property shall be
provided;
I
5. That outdoor music including amplified or un-amplified should be restricted after 11 :00 p.m.;
6. That two ADA accessible parking spaces be located within close, accessible proximity of the
ADA accessible ramp providing access to the facility;
7. That a parking professional (valet service) be available for vehicle retrieval during business
hours and that a valet parking agreement be executed pursuant to LDR Section
4.6.9(F)(3)(a); and
8. That all lighting comply with Code of Ordinance Section 91.51 and all windows be tinted to
minimize lighting glow on the beach. All spotlights illuminating the grounds, building, or
beach area are prohibited during March 1st through October 31st. It is further recommended
that lighting standards available from the Department of Environmental Resource
Management and Florida Department of Environmental Protection be followed in the design
of lighting for this building.
Report prepared by: Estelio Breto. Senior Planner
Planning and Zoning Board: Meeting of 12/18/06
Delray Beach Club - Conditional Use Request
Page 9
Attachments:
. Exhibit "A"
. Conceptual Plans
. Location Map
. Letter from Gary Eliopoulos, dated December 8, 2006
· Letter from Christopher Heggen, Transportation Engineer, dated December 11, 2006
Planning and Zoning Board: Meeting of 12/18/06
Delray Beach Club - Conditional Use Request
Page 10
1. The applicant shall provide a landscape plan, signed and sealed by a registered architect at
the time of site plan review. Landscape calculations for commercial property shall be
submitted with the plan.
2. Per 4.6.16(B)(' 3) should the increase in gross floor area be less than 25%, that portion of
the site which is being newly developed or modified must comply with the requirements
contained herein. The applicant shall clarify the site data that has been provided. Because
this addition wipes out a large landscape area, the applicant shall provide landscaping
adjacent to the new addition and pool area (as was shown on the rendering).
3. The applicant must maintain at least 25% pervious lot area. The applicant has a category
on the site data titled "Existing Proposed Landscape". Define the boundaries on the site for
which the data is based. How far back on the site is the pervious area being counted and is
the square footage existing or proposed? Because most of the site is paved and does not
meet any minimum landscape standards such as landscape setback, interior and terminal
landscape islands, etc., accurate calculations are critical. .
LINTON
8 0 U LEV A R D
>-
<(
3:
0.:::
W
I-
<(
<(
d
z
o
<(
o
0::
W
I-
<(
I-
(f)
N
-
DELRAY BEACH CLUB
LOCATION MAP
CITY OF OELRA Y BEACH, FL
PLANNING clc ZONING DEPARTMENT
m SUBJECT PROPERTY
-- OIGITAL BASE MAP SYSlFM --
MAP REF: LM976
9_-1
i~~11 ~:-.
~ I11III IIi In! i. .I
"' z
g I'l
u ~
'" >
u 0
0( z
'" '"
"' '"
II
8
; Q z
i ~:i
Ii g ..
I 0 '"
I ~ ~
. ~
1* I 0
- q
~ I M
:II ~
.- ~ I
-~~-::"--'J
--
NYJ:lO
:11.1 N",.t Y
=
-'i;,,;;;;;_';;;:'T__
....--
---
"--
I
i! I s~~~ ~UII UI
.lu ~ :i ~ ~ ~ ~ ~ ~ ~ , ~
'~,I~~Ii!! hS'~'.
~ ,. _ _ 'I. Iii.
. I' .. . I
~ b
~ hi I~!
I" .I I ~ I I -,
j d;;IU;!B!1 P !I
!!fIB;;IUillilhl ~I ~i
UiidUhlulnlUI 11:11
~
~ I !I!
~ I :
~ ~~n l
~
.
- I, I
1111
I lll'llll 1111.
I I~ 'II
=: II i I I ii~ I ~
E I i I~'I l-
Ii I III; I .1, i I ~n !II
1 ~~U III .....
~ II
z
e !J I I ~ I I 'I I &
nllllllllR
.'." 4
I __
~ --
.
.~ I ! bl _
I If. P
I II .1
II!-g
. I ft ad
I I ~III!
. 'Ph~(1
II; II Ii IIi.
d.Mllu~
...... . WI ....-.- aft' Iln'DIa1I ... .-.. ...... _......&8IIDCIII ... IJ .. ... m ~ ---"IMI DfiI __ ., ..... TIt 1M..~ .1lnIDIlII1I ..u--.. _..-aoe_
1---.
~ J ~~"
miHlI!.,1
!~ ~s ~ilJ~1 ~
I l i c. ,l! I"'"
I! I ~ ~ II; I <(
~~
d~
~~~~
li~"i'i
r o:l a:
!
~ i
i i
:!: 11
; II
II ~ It
~ ~"J;JCo
"'~I
;] .1..... 1 ~ "
-- ~---------
'-
I
i
I,'!
,
1
--T------
I
MH!
~
.
, III r J ,
LE<~_~~ ';,., \----_~_____I ( J
-----__ ~ -- -. _ . j------ I
--~----- -- -------- 1 I
-.---- ---- -I
---'_.~._.._._._-,-----._-~_. -...
.___,. '211............ .......... -. ~..........L--. _ _. ...... ___...... .... ___ _ _...",.................. t;l,u..,.... .IMlIDOI..
.c
C,
c
~
C)
c
:2
S
0
Q)
"0
:E
Q)
>
0
fil
(.)
'6
C .!:
z I
w
"
W
...I
~Z
m<c<C
:)>...1
...Iwo.
O...l~
::I::)Z
oOS2
<cmo
WZ<c
m<C1-
>WCI)
<cOW
0:0...1
...I . 0
wCI)-
c.-::I:
oW
0>
C\I
c.)
.E
ui
E.:
~ OJ
w t .!
a: E-'::> D
::)S2~S
~~15
LL C
II
~
.1
~=~
Kimley-Horn
and Associates, Inc.
December 11, 2006
.
4431 Embarcadero Drive
West Palm Beach, Florida
33407
Estelio Breto
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Delray Beach Club Expansion - Parking Demand Analysis
2001 South Ocean Boulevard
Delray Beach, Florida
Dear Mr. Breto:
The Delray Beach Club is a private, member-owned recreational community
center located at 2001 S. Ocean Boulevard in the City of Delray Beach, Florida.
Figure 1 illustrates the location of the proposed project. Currently this facility has
a total building area of 24,032 square feet. It has been proposed to expand this
facility by an additional 4,848 square feet for a total of 28,880 square feet. The
site plan attached with this letter illustrates the details of the proposed expansion.
As seen in the site plan, the subject site has constraints that preclude additional
parking spaces to be added to the existing supply. Kimley-Hom and Associates,
Inc. has prepared a parking demand analysis to determine whether the existing
parking supply at this site is sufficient to accommodate the additional parking
demand resulting from the proposed expansion.
Parking at this site is available only through valet operation for all patrons with
the exception of the employee and service vehicles. In addition to the available
parking spaces, the guest vehicles are also parked along the stacking distance
available throughout the site.
Quantification of Existing Demand
To determine the actual utilization of the current parking supply, observations were
performed on the site during one weekday and one weekend day. To capture the
expected peak periods of parking demand, the two observation periods that were
selected were 10:30 am until 2:30 p.m on a Wednesday and from 5:30 p.m until
10:30 p.m. on a Friday. These peak observation periods were determined based upon
the information provided by Delray Beach Club Staff
Currently, the parking field on the Delray Beach Club site contains a total official
supply of 90 delineated parking spaces; however, because the site utilizes valet
operations for site parking, more vehicles are often parked on site because
.
TEL 561 845 0665
FAX 561 863 8175
~=~
Kimley-Horn
and Associates, Inc.
Mr. Estelio Breto, December II, 2006, Page 2
vehicles can be double parked by valet operators. Existing parking demand was
quantified by conducting parking counts at every ten minute intervals on the site
on Wednesday, December 6, 2006 between 10:30 a.rn. and 2:30 p.m. and on
Friday, December 8, 2006 between 5:30 p.m. and 10:30 p.m. Table 1 summarizes
the parking demand during the weekday and the weekend day observation
periods. The parking data collected and the field observation sheet are attached
with this letter.
Based on the information provided by the Delray Beach Club Staff, the annual
holiday party dinner was conducted on Friday, December 8, 2006. Additionally,
according to the Delray Beach Club Staff, the holiday party day is one of the
busiest days of the year as far as the parking operations are concerned.
The data collection and the analysis indicate that the peak demand observed
during the Friday observations was 125 vehicles, which occurred at 7:30 p.m.
During the Wednesday observations, the peak observed was 74 parking spaces,
which occurred at 2:00 p.rn. Based on this observed peak, the required parking
demand rate was determined to be I parking space per 192 square feet of building
area based on the existing building area of 24,032 square feet. Table I
summarizes the calculations performed to determine the peak parking demand and
the parking demand rate.
It is customary to apply a seasonal conversion factor and a demand to supply
buffer to the observed parking count during average periods of operation to
approximately estimate the parking demand on the busiest days of the year.
However, such factors were not applied in this case because, as mentioned
previously, the data collection was conducted on the holiday party day and
therefore reflects the peak demand period. Additionally, because the site operates
exclusively with valet operations for its patrons, there is no need for a demand to
supply buffer to be applied. The application of such factors would overestimate
the peak parking requirements.
Quantification of Future Total Demand
The calculated parking demand rate was applied to the proposed total building
area to determine the required parking supply upon buildout of the proposed
project. Accordingly, the required parking supply is determined to be 150 parking
spaces. Table 1 summarizes the calculations performed to determine the required
parking supply.
Quantification of Total Parking and Stacking
As mentioned earlier, the existing parking supply available on the Delray Beach
Club site contains a total of 90 delineated parking spaces. Based on the required
parking supply calculations for the proposed building area, there is an additional
demand of 60 parking spaces. This additional demand can be accommodated
~=~
Kimley-Horn
and Associates, Inc.
Mr. Estelio Breto, December 11,2006, Page 3
along the stacking distance available within the site.
Based on a review of the current site plan and considering any adverse effects on
the valet operations, an illustration was prepared to show the stacking space in
which cars can be double parked within the site. Figure 2 illustrates the stacking
space available within the site. Because the guest parking at this site is available
only through valet operation, vehicles can be parked in a more efficient manner
than the usual self parking operation. Therefore, the calculation conducted to
determine the number of vehicles that could be accommodated in the available
stacking space is based upon an average length of 20 feet per vehicle instead of
the customary 25 feet per vehicle.
Based on this stacking plan, a total of 151 vehicles can be accommodated on site
in delineated parking spaces and in stacking areas within some of the parking
aisles. This amounts to a surplus supply of I parking space. It is important to note
that this reflects the peak conditions expected at the site with the expansion.
During "typical" conditions, on site parking demand will be less and a greater
surplus of parking area will be available.
Conclusion
Based on the foregoing, the additional parking demand anticipated as a result of
the proposed expansion of the Delray Beach Club is expected to be
accommodated within the site plan as shown through the use of valet operations
for all patrons.
If there are any questions regarding this analysis, please do not hesitate to call
Ram Balakumar or me at 561-845-0665.
Sincerely,
KIMLEY -HORN AND ASSOCIATES, INC.
et-.f/ .vJ J/o-
Cbristopher W. Heggen, P.E.
lli;pt/~ Engineer
Florida Registration
Number 58636
Engineering Business
Number 696
CWH/rb
Attachments
TABLE 1
DELRAY BEACH CLUB EXPANSION
PEAK PARKING DEMAND' REQUIRED PARKING SUPPLY CALCULATION
Wednesday (12.06-06) Friday (12-08-06) .
Time 01 Total' of Vehicles TIme of Total. of Vehicles
Observation Parked Observation Parked
10:30 AM 35 5:30 PM 37
10:40 AM 38 5:40 PM 39
10:50 AM 40 5:50 PM 51
11:00 AM 42 6:00 PM 57
11:10 AM 44 6:10PM 68
11:20 AM 46 6:20 PM 82
11:30 AM 48 6:30 PM 103
11:40 AM 57 6:40 PM 107
11:50 AM 59 6:50 PM 111
12:00 PM 61 7:00 PM 115
12:10PM 65 7:10PM 120
12:20 PM 68 7:20 PM 122
12:30 PM 70 7:30 PM 125
12:40 PM 71 7:40 PM 125
12:50 PM 72 7:50 PM 123
1:00PM 68 8:00 PM 120
1:10 PM 67 8:10PM 117
1:20PM 64 8:20 PM 113
1:30PM 63 8:30 PM 110
1:40PM 63 8:40 PM 103
1:50PM 71 8:50 PM 93
2:00 PM 74 9:00 PM 85
2:10PM 70 9:10PM 70
2:20 PM 64 9:20 PM 67
2:30 PM 62 9:30 PM 63
9:40 PM 48
9:50 PM 40
10:00 PM 34
10:10 PM 32
10:20 PM 27
10:30 PM 18
Peak Parking Demand Calculation
Observed weekday peak demand 74 spaces
Observed weekday peak time 2:00 PM
Observed weekend day peak demand 125 spaces
Observed weekend day peak time 7:30 PM
Observed peak parking demand 125 spaces
Parking Demand Rate Calculation
Observed peak parking demand with buffer 125 spaces
Total existing building area 24,032 SQuare feel
Parking demand rate . 1 parking space required per 192 square leet
Required Parking Supply Calculation
Total proposed building area
28,880 square leet
Required parking supply based on the calculated
parking demand rate
150 spaces
Note:' Based on the Infonnation provide by the Delray Beach Club SIaIf, the annual holiday party dinner was CXlflltJcted on Friday, December 8, 2006, Additionally, according to the Delray Beach
Club Staff, the holiday party day is one of the busiest days of the year as far as the parking operations are concerned.
P:\l44lM3CXXMnaiysls'\Analysis..IsIPar1dng Demand Analysis
1211ll'2OO6 13:28
~_n Kimley-Hom
~_~ and Associates, Inc.
Cf\
FROM:
DAVI~~N. ITV ANAGER
PAUL DORLlNG, AICP, D CTOR OF PLANNp~D ZONING
SCOTT D. PAPE, AICP, ENIOR PLANNE~~
MEETING OF JANUARY 2, 2007
CONSIDERATION OF WAIVER REQUESTS ASSOCIATED WITH THE CLASS V SITE
PLAN FOR CANNERY ROW LOCATED AT THE SOUTHWEST CORNER OF NE 2ND
AVENUE (PINEAPPLE GROVE WAY) AND NE 4TH STREET.
TO:
THRU:
SUBJECT:
At its meeting of December 13, 2006, the Site Plan Review and Appearance Board approved the Class V
development proposal to construct an 82 townhouse project that includes a public open space and 2,763
square foot community facility.
The development proposal includes the following waivers of the Downtown Design Guidelines within the
Land Development Regulations:
1. LOR Section 4.6.18(B)(14 )(v)(2), which requires that a maximum of 4 primary wall colors shall be
used for each building.
2. LOR Section 4.6.18(B)(14)(v)(3), which requires that miscellaneous free standing, wall or ground
mounted appurtenances such as electrical and gas meters, dumpster/recycling, trash compactors,
gas tanks, air conditioning and communication equipment be enclosed or screened and integrated
into the buildings architectural treatment. The appurtenances shall also be prohibited within the front
yards.
The Site Plan Review and Appearance Board considered these waivers and recommended approval to
the City Commission.
Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding
that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would be granted under
similar circumstances on other property for another applicant or owner.
Building Colors:
Pursuant to LOR Section 4.6.18(B)(14)(v)(2), a maximum of 4 primary wall colors shall be used for each
building. The development proposal includes a color scheme that includes 9 different primary wall
colors.
The applicant has submitted the following narrative in support of the waiver:
'We have complied with the Pineapple Grove design guidelines which require multiple colors throughout
a development of this size. "
q.B
City Commission Documentation
Meeting of January 2, 2007
Cannery Row Site Plan Waivers
Waiver Analvsis:
The Pineapple Grove Main Street Design Committee has reviewed the architectural renderings of the
building and recommends approval. The purpose of the limitation of the colors is to control the garish
appearance of buildings. However, in this situation the Design Committee supports the color scheme of
the building. Further, the multiple color scheme is designed to improve the delineation between the
architectural composition changes, which enhances the aesthetic quality of the development.
Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings.
Miscellaneous Free Standing or Wall Mounted Appurtenances:
Pursuant to LDR Section 4.6.18(B)(14)(v)(3), miscellaneous free standing, wall or ground mounted
appurtenances such as electrical and gas meters, dumpster/recycling, trash compactors, gas tanks, air
conditioning and communication equipment shall be enclosed or screened and integrated into the
buildings architectural treatment. The appurtenances shall also be prohibited within the front yards. The
applicant proposes to install air conditioning units between the townhouses and the public rights-of-way
for selected units.
The applicant has submitted the following narrative in support of the waiver:
"Air conditioning units have been located on the roofs and/or on the sides of the buildings wherever
possible. The balance of the air conditioning units have been located off to the side of the main
entrances and will be screened by appropriate landscaping. This is not an uncommon condition in
downtown urban developments."
Waiver Analvsis:
The Board found that the location and screening method of the proposed air conditioning were sufficient
to screen them from public view. Based on these locations and screening, the Board found that positive
findings could be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings since the intent of this
regulations was adequately addressed.
By separate motion:
1. Approve the waiver to LDR Section 4.6.18(B)(14 )(v)(3), which requires that miscellaneous free
standing, wall or ground mounted appurtenances such as electrical and gas meters,
dumpster/recycling, trash compactors, gas tanks, air conditioning and communication equipment
shall not be located in the front yard and shall be enclosed or screened and integrated into the
buildings architectural treatment based on positive findings with LDR Section 2.4.7(B)(5).
2. Approve the waiver to LDR Section 4.6.18(B)(14)(v)(2), which requires that a maximum of 4 primary
wall colors shall be used for each building based on positive findings with LDR Section 2.4.7(B)(5).
Attachment:
Waiver request letters from applicant dated December 1, 2006
Staff Report dated December 13, 2006
2
."
""
.. .,,....
KUPI & ELIOPOULOS ARCHITECTS, EA.
Architecture - Planning - Design
December 1, 2006
Mr. Scott Pape
City of Delray Beach
Planning & Zoning
100 N.E. 1st Avenue
Delray Beach, FL 33444
Re: Cannery Row Townhouse Development
Dear Mr. Pape:
Please accept this letter to request a waiver from the Land Development Regulations
LDR) Section 4.6.18(B)(14)(v)(2) for the above referenced project based on the
following conditions:
Per LDR Section 4.6. 18(B)(14)(v)(2), a maximum of 4 primary wall colors
shall be used for each building. Color and material samples need to be
provided together 8 full size sets of colored renderings (24' x 36"). We have
complied with the Pineapple Grove design guidelines which require multiple
colors throughout a development of this size.
Please feel free to call our office
you have any questions regarding this waiver.
205 George Bush Boulevard - Delray Beach, Florida 33444
Telephone 561-272-9595/561-276-6011 - Fax 561-272-9192/561-276-6129 - Email KVAoffice@ao1.com/GPE@ao1.com
AA26000691
.
KUPI & ELIOPOULOS ARCHITECTS, P.A.
Architecture - Planning - Design
December 1, 2006
Mr. Scott Pape
City of Delray Beach
Planning & Zoning
100 N.E. 1st Avenue
Delray Beach, FL 33444
Re: Cannery Row Townhouse Development
Dear Mr. Pape:
Please accept this letter to request a waiver from the Land Development Regulations
LDR) Section 4.6.18(B)(14)(v)(3) for the above referenced project based on the
following conditions:
Per LDR Section 4.6.18(B)(14)(v)(3), miscellaneous free standing, wall or
ground mounted appurtenances such as electrical and gas meters,
dumpster/recycling, trash compactors, gas tanks, air conditioning and
communication equipment shall be enclosed or screened and integrated into
the buildings architectural treatment. The appurtenances shall also be
prohibited within the front yards. The location of electrical meters or any
other wall mounted appurtenances need to be noted on the building
elevations and screened accordingly. The air conditioning units need to be
relocated to the rear or roof of the buildings. Air conditioning units have
been located on the roofs and/or on the sides of the buildings wherever
possible. The balance of the air conditioning units have been located off to
the side of the main entrances and will be screened by appropriate
landscaping. This is not an uncommon condition in downtown urban
developments.
ou have any questions regarding this waiver.
205 George Bush Boulevard - Delray Beach, Florida 33444
Telephone 561-272-9595/561-276-6011 - Fax 561-272-9192/561-276-6129 - Email KVAoffice@aol.com/GPE@aol.com
AA26000691
SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
December 13, 2006
V.A.
Cannery Row - Class V Site Plan, Landscape Plan and Architectural
Elevation Approvals Associated with the Construction of 82 Townhouses, a
2,763 Square Foot Community Facility, and Public Open Space.
Existing Land Use......... Vacant
LAKE IDA ROAD
GENERAL DATA:
Owner........................ Cannery Row, LLC
Agent............................ Kupi & Eliopoulos Architects
Location........................ Southwest corner of NE 2nd Avenue
(Pineapple Grove Way) and NE 4th Street.
Property Size................ 4.47 Acres
Future Land Use Map... Commercial Core
Current Zoning.............. CBD (Central Business District)
Adjacent Zoning..North: RO (Residential Office)
East: CBD (Central Business District)
South: CBD (Central Business District)
West: OSSHAD (Old School Square
Historic Arts District)
Proposed Land Use...... Construction of 82 townhouses, a 2,763
square foot community facility and public
open space.
"
z
Water Service............... Existing on site.
Sewer Service............... Existing on site.
N
ATLANTIC
V.A.
The action before the Board is approval of a Class V site plan request for Cannery Row
pursuant to LDR Section 2.4.5(F). The request involves the following elements:
o Site Plan;
o Architectural Elevations; and
o Landscape Plan.
The property is located at the southwest corner of Pineapple Grove Way (NE 2nd
Avenue) and NE 4th Street.
The property consists of Block 73 Town of Delray Beach subdivision and contains 4.47
acres. The property contained the former Publix shopping center and U.s. Postal
Service building, which have subsequently been demolished.
The action now before the Board is approval of the site plan.
The development proposal incorporates the following:
~ Construction of 82 townhouses and one three-story structure that will be utilized as
a community facility for the City of Delray Beach;
~ Construction of a pool, spa, playground, and covered barbecue area;
~ Construction of a 1,490 square foot neighborhood park;
~ Construction of 42 on-street parallel parking spaces; and
~ Installation of associated landscaping.
The development proposal includes waivers to the following sections of the Land
Development Regulations:
1. LDR Section 4.6.18(B)(14)(iii)(1)(b), which requires that exterior walls or vertical
surfaces not exceed 85% of the length of the arcade, porch, loggia, or balcony.
2. LDR Section 4.6.18(B)(14 )(v)(2), which requires that a maximum of 4 primary wall
colors shall be used for each building.
3. LDR Section 4.6.18(B)(14)(v)(3), which requires that miscellaneous free standing,
wall or ground mounted appurtenances such as electrical and gas meters,
dumpster/recycling, trash compactors, gas tanks, air conditioning and
communication equipment be enclosed or screened and integrated into the buildings
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 2
architectural treatment. The appurtenances shall also be prohibited within the front
yards.
COMPLIANCE WITH THE lAND DEVELOPMENT REGULATIONS:
Items identified in the land Development Regulations shall specifically be
addressed by the body taking final action on the site and development
application/request.
Building Setbacks:
The following table indicates that the proposal complies with LDR Section
4.4.13(F)(3)[Table 4.4.13-2] as it pertains to the Central Business District (CBD) zone
district:
Finished grade to
25'
Finished grade to
25'
Finished grade to
25'
Finished grade to
25'
Remaining 22' min 22'
length
70%/90% 5' min.l10' max. 0
Remaining 22' min 22'
len th
70%/90% 5' min.l10' max. 0
Remaining 22' min 22'
len th
70%/90% 5' min.l10' max. 0
Remaining 22' min 22'
len th
*Pursuant to LDR Section 4.4.13(F)(3)[Note #12], the setbacks associated with
townhouses are the same for the overall building as those required for "Finished Grade
to 25'."
Building Height:
Pursuant to LDR Section 4.3.4(K), the maximum height of structures in the CBD zoning
district is 48 feet. The proposed development complies with this requirement since the
maximum height of the proposed townhouses is 38 feet.
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 3
Density:
Pursuant to LDR Section 4.4.13(B)(4), multiple family dwelling units, excluding
duplexes, up to a maximum density of 30 units per acre are allowed as a principal use.
Densities greater than 30 dwelling units per acre are allowed in the Central Business
District subject to conditional use approval. The proposed townhouse project is allowed
as a principal use since the density is 18.34 dwelling units per acre.
Parking Requirements:
Pursuant to LDR Section 4.4.13(G)(1)(e), the parking required for the townhouses is
168.90 parking spaces. Pursuant to LDR Section 4.6.9(C)(3)(a), the required parking
for the community facility is 11.79 parking spaces. The total required parking for the
proposed development is 181 parking spaces. The proposed development complies
with the parking requirements since a total of 220 parking spaces are provided (164 in
2-car garages, 14 on-site spaces, and 42 on-street parallel parking spaces).
Minimum Residential Floor Area:
The following table indicates that the proposal complies with LDR Section
4.3.4(K)[Minimum residential floor area]:
Lighting:
Pursuant to LDR Section 4.6.8(B)(3)(c), the minimum illumination for the proposed
development is 0.4 foot candles and the maximum is 4.0 foot candles. The proposed
photometric plan does not comply with these illumination standards since the minimum
illumination provided is 0.1 foot candles. A condition of approval is attached that
photometric plan be revised to provide a minimum illumination of 0.4 foot candles.
Other Issues:
Townhouse Parking:
The proposed townhouses have up to a 10-foot deep paved "apron" between the
garage door and the drive aisle. Such areas have a history of people temporarily
parking behind the garage and subsequently blocking the drive aisle. Further, this
situation is exacerbated by a lack of storage room within the units, which causes people
to park their vehicles outside the garages when they become full of personal items such
as bicycles. Therefore, based on good design principles, a condition of approval is
attached that the units be redesigned to provide substantial storage opportunities within
the garages.
Community Facility/Open Space:
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 4
Multi-family dwelling units may be located in structures that are comprised of residential
units only or in mixed-use buildings that contain a combination of residential and non-
residential uses. However, where residential uses are located in structures having
frontage on N.E. 2nd Avenue (alkla Pineapple Grove Way), there must be nonresidential
uses fronting the Avenue on the ground floor.
In lieu of providing non-residential uses fronting the west side of N.E. 2nd Avenue
between N.E. 3rd Street and N.E. 4th Street (hereinafter referred to as the exception
area), the developer may elect to provide a building and property fronting on N.E. 2nd
Avenue at the intersection of N.E. 3rd Street and N.E. 2nd Avenue which shall be
conveyed to the City for Community Facility purposes and dedicate an area for Open
Space in the northeast corner at the intersection of N.E. 2nd Avenue and N.E. 4th Street.
The purpose of the alternative is to encourage pedestrian travel, promotion of the Arts,
the provision of needed Open Space, encouraging public art and to provide space for
an entry way feature, all of which is in keeping with the vision for Pineapple Grove. The
developer has chosen the residential option in lieu of providing non-residential uses on
the ground floor. Consequently, a developer's agreement containing terms acceptable
to the City must be submitted at the time of application of a building permit and this is
attached as a condition of approval.
Overhead Power Lines:
Overhead cables (electric, telephone, CATV) are required to be placed under ground
whenever feasible. Given the proposed redevelopment of the property, it is appropriate
to require the undergrounding of these utilities including those along the adjacent public
rights-of-way, which are predominately located along NE 3rd Street at this time and this
is attached as a condition of approval.
Right-of-Way Dedication:
Pursuant to LDR Sections 5.3.1 (A) and (D) and Table T-1 of the Comprehensive Plan
Transportation Element, the following table describes the required rights-of-way and the
existing rights-of-way adjacent to the subject property:
Pineapple Grove 60' 50' 50' 0'
Wa
NE 3r Street 60' 50' 50' 0'
NE 1 s Avenue 60' 50' 50' 0'
NE4 Street 80' 80' 80' 0'
Pursuant to LDR Section 5.3.1 (0)(4), a reduction in the required right-of-way width or
existing streets may be granted by the City Engineer upon favorable recommendation
from the Development Services Management Group (DSMG). The City Engineer and
DSMG considered the reductions and approved the reduction of right-of-way for
Pineapple Grove Way, NE 3rd Street, and NE 1st Avenue to the existing width.
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 5
However, 20-foot corner clips are required at the intersection of NE 3rd Street and
Pineapple Grove Way and at the intersections of NE 3rd StreetlNE 4th Street along NE
1st Avenue. These corner clips are noted on the site plan.
Pineapple Grove Main Street Redevelopment Plan:
The Pineapple Grove Main Street Neighborhood Plan (The Plan) contains several
design guidelines that address redevelopment efforts within this area. The following is
an analysis of the applicable design guidelines:
Street Improvements:
Pursuant to the Plan, NE 1st Avenue needs to be resurfaced and realigned between NE
3rd Street and NE 4th Street to reflect the improvements previously constructed on the
1st and 3rd blocks of NE 1st Avenue. The proposed improvements along NE 1st Avenue
including the landscaping need to be consistent with the previous improvements along
the south side of NE 3rd Street and this is attached as a condition of approval.
Sidewalks:
The Plan indicates that a minimum 10-foot wide sidewalk be provided along Pineapple
Grove Way. The applicant proposes to reconfigure the existing sidewalk along
Pineapple Grove way by reducing it to 5 feet wide and installing parallel parking spaces
within the public right-of-way. Since the City has modified the Land Development
Regulations to allow residential-only for the subject property, the purpose for the
oversized sidewalk is no longer justified and the reduction can be supported.
Intersections & Crosswalks:
The Plan indicates that the intersections at NE 1st Avenue and NE 3rd Street, and at
Pineapple Grove Way and NE 4th Street and at NE 3rd Street, need to be resurfaced
with paver bricks to match the intersection at Pineapple Grove Way and Atlantic
Avenue. It is noted that the intersection at NE 3rd Street and Pineapple Grove Way has
been previously improved with a round-a-bout. Further improvements at this
intersection will need to be coordinated with the City Engineer.
The same issue occurred with the Pineapple Grove Limited mixed use project located at
the northeast corner of NE 1st Avenue and NE 1st Street. The Plan indicates that this
intersection was also to be improved in accordance with the intersection at Pineapple
Grove Way and Atlantic Avenue. The Historic Preservation Board approved the
Pineapple Grove Limited project subject to the applicant contributing one-quarter of the
cost associated with this intersection improvement. Consequently, a condition of
approval is attached that this applicant contribute one-quarter of the cost associated
with the improvements at the intersections of NE 1st Avenue and NE 3rd Street and at
Pineapple Grove Way and NE 4th StreetlNE 3rd Street.
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 6
Finally, the Plan indicates that cross walks at all intersections be paver block. A
condition of approval is attached that the applicant improve the crosswalks with pavers
at the remaining intersections that will not be improved as noted above.
Street and Parking Lot Lighting:
Pursuant to The Plan, the street and parking lot lighting should be consistent with the
Pineapple Grove Main Street lighting. The light poles and fixtures should have a
pedestrian scale of 12 feet to 14 feet. The street lights should be staggered from one
side of the street to the other with a separation of approximately 75 feet. The lamps
must be metal halide and powder-coated cast aluminum for the pole and fixture and
fitted to accept banners. A condition of approval is attached that the street lighting for
NE 3rd Street, NE 1st Avenue, and NE 4th Street be identified on the plans and that they
consist of the typical acorn light fixture and spun concrete poles for the redevelopment
area.
Technical Items: While the revised site plan has accommodated most of the staff
concerns, the following items remain outstanding, and will need to be addressed
prior to building permit submittal unless othelWise noted:
1. That the roof mounted equipment be provided on the cross section of the building
and that a sight line be provided pursuant to LDR Section 4.6.18(B)(14)(i)(4) prior to
certification of the site plan.
2. That two sidewalks are provided per driveway entrance along NE 1st Avenue and NE
2nd Avenue prior to certification of the site plan.
3. All sidewalks shall be a minimum of 5' wide and dimensioned. Clearly dimension 5'
sidewalks on paving and drainage. Clearly indicate if proposed sidewalk along NE
4 th is to be brick pavers.
4. Widen sidewalks at all intersections.
5. Indicate location of irrigation water meters (east of 1-95 only).
6. Provide exclusive 12 foot water and sewer easements over water and sewer mains.
7. Show all easements on Landscape Plans.
8. Developer to ensure that no landscaping is planted over any exfiltration trenches.
9. A minimum 10 foot general utility easement is to be provided through the property.
10. Provide location of proposed street lights and address responsibility for installation
and maintenance per LDR 2.4.3 (D) (6).
11. Parking spaces in streets need to be asphalt not concrete. Clearly indicate on Plans
with appropriate hatching.
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 7
12. That a plat application be provided.
13. That handicapped accessible parking spaces be installed in the rights-of-way along
NE 1st Avenue; NE 3rd Street; and NE 2nd Avenue. Each space shall be located
adjacent to a landscape node and be designed with a five foot (5') access panel and
associated curb cut, per FDOT design standards, at the rear of the parking spaces
prior to certification of the site plan.
14. That ADA accessible walkways be provided adjacent to the vehicular access ways
to allow for pedestrian access without utilizing vehicular travel lanes prior to
certification of the site plan.
15. That the location of the ADA compliant parking signs be noted on the site plan prior
to certification of the site plan.
The City Horticulturaljst has reviewed the proposed landscape plan and found that it
substantially complies with LOR Section 4.6.16. The proposed landscaping consists of
Coconut Palms, Cassia trees, East Palatka Holly, Foxtail Palms, Geiger trees, Hibiscus
trees, Bougainvillea trees, Ligustrum trees, Double Alexander Palms, Live Oak trees,
Royal Palms, Simpson Stopper trees, and Sabal Palms. These areas will be under-
planted with Bush Alamanda, Bismarkia Palms, Purple Crinum Lily, European Fan
Palms, East Palatka Holly, Ficus hedge, Firebush, Fakahatchee Grass, Geiger trees,
Green Island Ficus, Spider Lily, Horizontal Cocoplum, Ixora Nora Grant, Penta, Ti Plant,
Trinette, Viburnum, Wart Fern, and Xanadu.
Landscape Technical Items: The following Landscape Plan items remain
outstanding, and will need to be addressed prior to building permit submission
unless as otherwise indicated.
1. That conflicts between landscaping, utilities, and light poles are resolved in
accordance with direction by the City Horticulturalist prior to certification of the site
plan.
2. Per 4.6.16 (D) (4) (a) the ultimate mature height and width of a tree to be planted
should not exceed the available overhead growing space. Tree species shall be
consistent with the recommendation in the most recent publication of FPL's "Plant
the Right Tree in the Right Place". As mentioned above, some of the proposed trees
are close to overhead lines and they are not consistent with the FPL guidelines.
Unless the overhead lines along 3rd Street are moved underground, there will be
conflicts.
3. Of major concern is the streetscape along Pineapple Grove Way. The plant pallet
selected shall be consistent with the other tree and plant material that is planted
along the street. There is an existing pair of Canary Island Date palms (directly
across from each other) toward the corner of Pineapple Grove Way and 4th Street
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 8
that shall remain across from each other. The continuity of the landscape along the
west side of Pineapple Grove way shall be consistent with the east side.
4. Per 4.6.16(E) (1) xeriscape principles shall be utilized in landscape designs and
installations. The landscape nodes in the right-of-way shall be planted in shrubs and
ground cover instead of the proposed sod.
5. There are notes on the Paving & Drainage Plan identifying a six foot (6') masonry
wall with aluminums gates to be installed at the north and south sides of the
complex. The arrows point walkways. Please clarify.
6. A development and landscape plan shall be provided for the northeast corner of the
site, as well as provisions for installation and maintenance.
7. There are several proposed Live Oak trees located within ten (10) feet of a building.
Either more room shall be provided for these trees or the species will need to be
changed.
8. The applicant shall provide the appropriate landscape calculations.
Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the Site
Plan Review and Appearance Board, in the review of plans for building permits. If the
following criteria are not met, the application shall be disapproved.
a) The plan or the proposed structure is in conformity with good taste, good design,
and in general, contributes to the image of the City as a place of beauty,
spaciousness, harmony, taste, fitness, broad vistas, and high quality.
b) The proposed structure, or project, is in its exterior design and appearance of quality
such as not to cause the nature of the local environment or evolving environment to
materially depreciate in appearance and value.
c) The proposed structure, or project, is in harmony with the proposed developments in
the general area, with the Comprehensive Plan, and with the supplemental criteria
which may be set forth for the Board from time to time.
The architectural interpretation of the building is an eclectic mix of three primary
architectural styles that include Florida vernacular/Floribbean, Mission, and
Mediterranean influences. These architectural styles are compartmentalized in the
vertical plane, which will give the impression that the block was built at differing points in
time. The roof contains numerous changes in styles and plane changes. The infusion
of differing architectural interpretations are tastefully incorporated and result in a well
balanced and proportioned building that results with an appealing rhythm along the
streetscape. The roof material includes grey flat concrete tile, galvalume standing seam
metal, and variegated Spanish "S" tile. The window styles/sizes and treatments are
varied from each of the vertical architectural style changes. The balcony includes
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 9
French doors and the railings are also varied. The primary wall finishes are smooth
stucco finish and "Old Chicago" brick veneer.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Arcades, Porches, Trellises, Loggias and Balconies:
Pursuant to LOR Section 4.6.18(B)(14)(iii)(1)(b), exterior walls or vertical surfaces shall
not exceed 85% of the length of the arcade, porch, loggia, or balcony. The wall
surfaces of the townhouses with the smaller balconies above the front doors exceed
85% of the width of the balconies.
The applicant has submitted the following narrative in support of the waiver:
"In the areas of the exterior elevations in which it appears the walls exceed 85% of the
balconies and/or porches these are actually false balconettes which cannot be
accessed by residents."
Waiver Analvsis:
While the architectural features are a false "balconette," they are intended to give the
impression of a functioning balcony. The purpose of the percentage requirement is to
provide a proportionality between the wall area and the balconies. It is noted that this
proportionality is achieved with the architectural design of these townhouses. In each of
these facades, double and single windows have been provided to maintain a rhythm to
the architecture. Consequently, positive findings can be made with respect to LDR
Section 2.4.7(B)(5), Waiver Findings.
Building Colors:
Pursuant to LDR Section 4.6.18(B)(14)(v)(2), a maximum of 4 primary wall colors shall
be used for each building. The development proposal includes a color scheme that
includes 9 different primary wall colors.
The applicant has submitted the following narrative in support of the waiver:
'We have complied with the Pineapple Grove design guidelines which require multiple
colors throughout a development of this size."
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 10
Waiver Analvsis:
The Pineapple Grove Main Street Design Committee has reviewed the architectural
renderings of the building and recommends approval. The purpose of the limitation of
the colors is to control the garish appearance of buildings. However, in this situation the
Design Committee supports the color scheme of the building. Consequently, positive
findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings.
Miscellaneous Free Standing or Wall Mounted Appurtenances:
Pursuant to LDR Section 4.6.18(B)(14)(v)(3), miscellaneous free standing, wall or
ground mounted appurtenances such as electrical and gas meters, dumpster/recycling,
trash compactors, gas tanks, air conditioning and communication equipment shall be
enclosed or screened and integrated into the buildings architectural treatment. The
appurtenances shall also be prohibited within the front yards.
The applicant has submitted the following narrative in support of the waiver:
"Air conditioning units have been located on the roofs and/or on the sides of the
buildings wherever possible. The balance of the air conditioning units have been
located off to the side of the main entrances and will be screened by appropriate
landscaping. This is not an uncommon condition in downtown urban developments."
Waiver Analvsis:
The applicant indicates that it is not uncommon to have air conditioning units located
between the front of the building and the street in downtown urban developments.
However, along a predominately commercial streetscape, there are few (if any)
instances of air conditioning units located between the building and the street. Since
the project could have been designed to locate the air conditioning out of this area
(either to the rear or the roofs), a waiver cannot be supported. Consequently, positive
findings cannot be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings.
REQUIRED FINDINGS (Chapter 3):
Pursuant to lOR Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
findings relate to Future land Use Map Consistency, Concurrency,
Comprehensive Plan Consistency and Compliance with the lDRs as noted below.
Section 3.1.1 (A) - Future land Use Map:
The subject property has a Future Land Use Map designation of CC (Commercial Core)
and is zoned CBD (Central Business District). The CBD zoning district is consistent
with the (CC) Future Land Use Map designation. Pursuant to LOR Section 4.4.13(B)(4),
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 11
multi-family dwelling units, excluding duplexes, up to a maximum density of 30 dwelling
units per acre are allowed as a principal use. Based upon the above, positive findings
can be made with respect to consistency with the Future Land Use Map.
Section 3.1.1 (B) - Concurrency:
As described in Appendix A, a positive finding of concurrency can be made as it relates
to water, sewer, streets and traffic, drainage, parks and recreation, open space, solid
waste, and schools.
Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions):
As described in Appendix A, a positive finding of consistency can be made as it relates
to Standards for Site Plan Actions.
Section 3.1.1 (D) - Compliance With the land Development Reaulations:
As described under the Site Plan Analysis of this report, a positive finding of compliance
with the LDRs can be made, when all outstanding items attached as conditions of
approval are addressed.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives or policies were noted:
Future land Use Element Obiective A-1: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs.
The property is vacant and contained the former Publix Shopping Center and U.S.
Postal Service buildings. There are no special physical or environmental characteristics
of the land that would be negatively impacted by the proposed development. The
development will be complimentary with the surrounding commercial developments and
provide a customer base for area businesses on a year-round basis instead of
seasonal, which provides economic stability for the area.
In terms of fulfilling remaining land use needs, the Housing Element of the
Comprehensive Plan states as follows:
One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption of the 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the importance of providing housing in close proximity to shopping,
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 12
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area.
The Cannery Row development will help to fulfill this stated land use need, and is
therefore consistent with this policy.
Housina Obiective A-12: To assist residents of the City in maintaining and
enhancing their neighborhood environment, the City shall take steps to ensure
that modifications in and around the neighborhood do not lead to its decline,
such as those described in the following policies.
Housina Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
The proposed development will not have a significant impact on the existing single
family neighborhood to the west. The proposed development is located in the center of
the City's commercial downtown area. The traffic impacts associated with the
development will not have a detrimental affect on the residential neighborhood.
Section 2.4.5 (F)(5) - Compatibility (Site Plan Findinas): The approving body must
make a finding that development of the property pursuant to the site plan will be
compatible and harmonious with adjacent and nearby properties and the City as a
whole, so as not to cause substantial depreciation of property values.
The subject property is bordered to the east and south by CBD zoning, to the west by
OSSHAD, and to the north by RO. The surrounding uses are offices to the north and
south; single family and commercial to the west, and commercial and gas station to the
east.
The residential development will significantly enhance the aesthetics of the subject
property together with the neighborhood. The proposed redevelopment will provide
year-round customer base for the nearby commercial properties. The stability of the
downtown area will be enhanced by the addition of 82 households that will patronize
area businesses and contribute to the long term revitalization of this redevelopment
area.
Downtown Development Authoritv:
At its meeting of August 14, 2006, the DDA reviewed the site plan request and
recommended approval subject to approval by the Pineapple Grove Main Street
committee and subject to satisfaction of all conditions of SPRAB approval.
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 13
Pineapple Grove Main Street Oesian Committee:
At its meeting of August 2,2006, the Design Committee recommended approval subject
to redesign of the project to eliminate one of the driveways along the west side of the
property. Further, the Design Committee recommended that the two longer buildings on
the west side of the property be broken apart to provide two additional green areas. (It
is noted that the development proposal has been redesigned to provide only one
driveway along the west side of the property per the Design Committee's direction.
However, the buildings have not been broken to provide additional green area).
Community Redevelopment Aaencv (CRA):
At its meeting of July 27, 2006, the CRA reviewed the site plan request and
recommended approval.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations and
interested parties, which have requested notice of developments in their areas:
~ Progressive Residents of Delray
~ Presidents Council
~ Chamber of Commerce
~ Neighborhood Advisory Council
~ Del-Ida
Any letters of support or objection will be presented at the SPRAB meeting.
The development of residences within the Pineapple Grove Main Street Redevelopment
Area will add to the customer base of surrounding businesses, which will aid in the
renaissance of this area. The architectural is of superior design, which will be an asset
to the community. The proposed development is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive
findings can be made with respect to Section 2.4.5(F)(5) regarding compatibility of the
proposed development with surrounding properties.
A. Postpone with direction.
B. Move approval of the request for waivers, Class V site plan, landscape plan, and
architectural elevations for Cannery Row, by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets criteria set forth in Sections
2.4.5(F)(5), 2.4.7(B)(5), and Chapter 3 of the Land Development Regulations,
subject to the attached conditions of approval.
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 14
C. Move denial of the request for waivers, Class V site plan, landscape plan, and
architectural elevations for Cannery Row, by adopting the findings of fact and law
contained in the staff report, and finding that the request is inconsistent with the
Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F)(5),
2.4.7(B)(5), and Chapter 3 of the Land Development Regulations.
By Separate Motions:
Waivers:
1. Recommend approval of a waiver to LDR Section 4.6.18(B)(14)(iii)(1 )(b), which
requires that exterior walls or vertical surfaces not exceed 85% of the length of the
arcade, porch, loggia, or balcony based on positive findings with LDR Section
2.4.7(B)(5).
2. Recommend denial of a waiver to LDR Section 4.6.18(B)( 14 )(v)(3), which requires
that miscellaneous free standing, wall or ground mounted appurtenances such as
electrical and gas meters, dumpster/recycling, trash compactors, gas tanks, air
conditioning and communication equipment shall be enclosed or screened and
integrated into the buildings architectural treatment. Further, the appurtenances
shall also be prohibited within the front yards based on positive findings with LDR
Section 2.4.7(B)(5).
3. Recommend approval of a waiver to LDR Section 4.6.18(B)(14)(v)(2), which requires
that a maximum of 4 primary wall colors shall be used for each building based on
positive findings with LDR Section 2.4.7(B)(5).
Site Plan:
Approve the request for a Class V site plan for Cannery Row, by adopting the findings
of fact and law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to
the following conditions:
1. Address all Site Plan and Engineering Technical Items and submit four (4) copies of
the revised plans.
2. That photometric plan be revised to provide a minimum illumination of 0.4 foot
candles prior to certification of the site plan.
3. That the units be redesigned to provide substantial storage opportunities within the
garages.
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 15
4. That a developer's agreement containing terms acceptable to the City be submitted
at the time of application of a building permit (for the open space and community
facilities components).
5. That service utilities and the existing overhead power lines along the adjacent rights-
of-way be located underground.
6. That the applicant contribute one-quarter of the cost associated with the
improvements at the intersections of NE 1 st Avenue and NE 3rd Street and at
Pineapple Grove Way and NE 4th StreetlNE 3rd Street.
7. That the street lighting for NE 3rd Street, NE 1st Avenue, and NE 4th Street be
identified on the plans and that they consist of the typical acorn light fixture and spun
concrete poles for the redevelopment area.
8. That a finding of concurrency be submitted from the School District.
9. The proposed improvements along NE 1st Avenue including the landscapin~ need to
be consistent with the previous improvements along the south side of NE 3r Street.
10. That the applicant improve the crosswalks with pavers at the remaining intersections
that will not be improved.
11.A finding of concurrency be submitted from the School District.
Landscape Plan:
Approve the landscape plan for Cannery Row based on positive findings with respect
to Section 4.6.16 of the Land Development Regulations, subject to the condition that all
Landscape Technical Items are addressed and three (3) copies of the revised plans are
submitted.
Elevations:
Approve the proposed elevations for Cannery Row based on positive findings with
respect to LDR Section 4.6.18(E).
Attachments:
. Appendix A
. Appendix B
. Site Plan
. Architectural Elevations
. Landscape Plan
Report prepared by: Scott D. Pape. Senior Planner
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 16
Pursuant to Section 3.1.1 (B) Concurrency as defined pursuant to Objective B-2 of the
land Use Element of the Comprehensive Plan must be met and a determination made
that the public facility needs of the requested land use and/or development application
will not exceed the ability of the City to fund and provide, or to require the provision of,
needed capital improvements for the following areas:
Water and Sewer:
o The property is currently served by a 16" water main along NE 3rd Street.
o Adequate fire suppression will be provided via installation of a fire hydrant along NE 1 st
Avenue and existing fire hydrants on the south side of SE 3rd Street, east side of Pineapple
Grove Way, and north side of NE 4th Street.
o Sewer service will be provided service lateral connection to an existing 8" sewer main along
the Pineapple Grove 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.
Drainaae:
Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration
system. There are no problems anticipated in complying with SFWMD requirements and thus,
obtaining a surface water permit.
Streets and Traffic:
A traffic statement has been submitted that indicates that multiple family dwelling units will
generate 616 net new average daily trips and 54 p.m. peak hour trips. It is noted that according
to the Palm Beach County Traffic Performance Standards Ordinance, residential developments
east of 1-95 are exempt from meeting concurrency. Furthermore, the property is located in the
City's Traffic Concurrency Exemption Area. Based upon the above, a positive finding can be
made with respect to traffic concurrency.
Parks and Recreation Facilities:
The proposed units will not have a significant impact with respect to level of service standards
for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a
development is proposed upon land which is not designated for park purposes in the
Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to
issuance of building permits for each unit. Thus, an in-lieu fee of $41,000.00 will be required of
this development.
Solid Waste:
Trash generated each year by this development will be approximately 0.52 tons per residential
unit (82 units) for a total of 42.64 tons/year. The trash generated by the 2,763 square feet of
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 17
community facility will be 14.09 tons/year for a total of 56.73 tons/year. This increase can be
accommodated by existing facilities and thus, will not be significant with respect to this level of
service standard.
School Concurrency:
A letter has not been received from the School District with respect to concurrency. A condition
of approval is attached that a finding of concurrency be submitted from the School District. It is
noted that the 82 multiple family dwelling units will have a negligible impact on levels-of-service
with respect to the School District.
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 18
A. Building design, landscaping, and lighting (glare) shall be such that they do not
create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
Not applicable
Meets intent of standard
Does not meet intent
X (Subject to revision of the photometric plan)
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives D-1 and D-2 of the Transportation Element.
Not applicable
Meets intent of standard
X (Subject to the provision of sidewalk connections at
the driveways).
Does not meet intent
c. Open space enhancements as described in Policies found under Objective B-1 of the
Open Space and Recreation Element are appropriately addressed.
Not applicable X
Meets intent of standard
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
Not applicable
Meets intent of standard X
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned
in a manner which is consistent with adjacent development regardless of zoning
designations.
Not applicable
Meets intent of standard X
Does not meet intent
F. Property shall be developed or redeveloped in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
Not applicable
SPRAB Staff Report
Class V Site Plan, Building Elevations, and Landscaping for Cannery Row
Page 19
Meets intent of standard X
Does not meet intent
G. Redevelopment and the development of new land shall result in the provision of a
variety of housing types which shall continue to accommodate the diverse makeup of
the City's demographic profile, and meet the housing needs identified in the Housing
Element. This shall be accomplished through the implementation of policies under
Objective B-2 of the Housing Element.
Not applicable
Meets intent of standard X
Does not meet intent
H. The City shall consider the effect that the proposal will have on the stability of
nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it
is determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
Not applicable
Meets intent of standard X
Does not meet intent
I. Development shall not be approved if traffic associated with such development
would create a new high accident location, or exacerbate an existing situation
causing it to become a high accident location, without such development
taking actions to remedy the accident situation.
Not applicable
Meets intent of standard X
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a
feature of all new housing developments as part of the design to accommodate
households having a range of ages. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than 25 units.
Not applicable X
Meets intent of standard
Does not meet intent
~D~ III~~
~ 9~lillS;1
.~; I -jjj
D~= :Ii
VCIIIlOCl'H0V3S AVlI130
3AOIl!l31ddV3Nd I
~
'~ll 'MOtl Atl3NN"~ Iii
JOj JU9wad019^90 ,MOtl .(J9uue~, ~;~
~ I
i t
'" jn in
dhU
<<1 ~
8
r)
<C
a3l[IlIHllb~ SI ~d .SlJ:HIHJ"". SD'nOd[]nJ , ldn~ 1llN]SNO: Nll.:.[ljl'\ ]H.J. lnOHl;'" lN3"rJDU SIHl .>D "3sn ,Oj3-+lD W NCllLJn1Dddlb '",mSS3SS0d ,"III (IN'" [J]A,,]S].. 31j" SlHJI<I "". ."'..1 'S!:J3!11i:JM' SD'n!ldDlTI , Id(1)< .Ja AJ."JdQlId 3Hl Sl .J.N].<n,XIa SIH~ lH'JI.Ud[]::! @
I I
I!I: r I.
IT I
I --i---
~
\Y &.
,5
,
i
"
Itli~ "-
11111 z
0
11"'- ~
~
/; w
...J
I~ .. w
II (!J
z
i5
...J
5..
all!
I~ F~
It II: ""
II ~~
II i I I . I
. - I~ I" I !Ii
f 1.1. I! I, !.d~i
IT I I l"uU
z
I ~
I!
. >
w
f ...J
W
~
i5
::::!~
:::l~
al .'
1--
~~
II
;j
f'
Il~
hi
~D~~ ~al~!i!li VCIIIllnl'H:lY38A'tlfl30
-===D .... 31\()ljO 3lddY3N1d I
==:>_ :is.... ~
.D~i ~~~;: '~ll 'MO~ A~3NNV~ !i~;
ii:iYJ1 ~R~~~ JOlluewedoleAea .MO~ ..{JeUUB~. II~
~ t
I in ill
dldl
<EJ <8
~ I
....
a
('I)
c(
ClJ.l.IlllHO<ld ~[ '\ld '~lJ]lIH)''''' SC1nQd0l1J .. Idn~ ';0 IN3SN03 N]lll~" 3tH .lf1DH~[" .I.NJwn:::IDU SIH~ J[] 3sn IHHI0 ~[] N01J.)naC<ldJlj 'NC[~S3S~Od ~N" UN" 113^"3:i:)~ 3<1~ S.LH~[<1 1"'" """<1 .SlJ:lHH:l<l1r ~o,"a"DI"J "I I,m". JO Al~3dO~d 3H.. ~l .l.N3..mJlXl SEHl lH'JI<lA..OJ @
I
I.
i
~i I
i;
I' z
I' II ~
II Ii >.
w
...J
W I
C!)
z
0
5 ~
CD ~
Ii I- ~
CI) ..
~i ~ ~ ~
II
>
W
...J
W
C!)
Z
0
...J
~i 5~
CD~
ii ~~
g~
I
I,
II
'.
il
I, i
II 11
'/
il .,i
1 t
Ii
.,
II
i
-,
II
~i
i;
\I(]I,l()"l,l '1-0\138 A\IIl13O
3A<Ul 3'"1dd\9IId I
~
'0'1'1 MotI AI::I3NN'VO i ~
JOJ .uawedoje^8(] .MO~ ,(Jews0. ~ ~
Ii
il
j
i
i
.,
[I
j
i
Ii
~ .
[I
Ii
,;
[I
I
Ii
.i
[I
Ii
.,
[I
~
~
~!
~!
i ~
t t
;11 HI
~ I gl ~I
o
o
M
<(
i
i
Ii
.,i
I
'I II III (J
1111 'I!j
Ii ~, ..
.i
[;
I
i i i i
1.1 : r ! ,
Ii IT I II
[;
I
'111-,
11--------
I, 1'/
I' III
III
~
'Y &.
i
~
~
~l
~I
~D ~ ---
. ~ ~~~
=~....
D ;;;=~
'-' e-_
.. :;;
c ==:::
i ~
i t
uun
~ I gl gl
VCJllOCl 'HO'I3Il A'tlfl3CI
3AOllO 3ldJ<I3NId I
~
'OT1 MOO Al:I3NN'VO ~
JOlluewedote^ea .MO~ UMJU80. I ~
5
M
<C
.j i
i
I
~
~
~! ~
\Y &.
I, ii
,I
i
.i i
I;
j S
.- ~
H
.i ~l
H ~i
.i
I
, i ."
i ,I
,-
!i
, i
i
.i
i
.i I I
i . I. f
T I
, i
i
~Dg~ ~11!i~
5- ll~~li;;
.~ I-iiili
D-u
cud= :f
YlJlKnl'H0Y3B AYlfl3D
3JIOI<<) 31ddY3Nd I
~
.~ll 'MOi:! Ai:!3NN\f~ ..5;
JOJ ~9wedol8A9a ,MOi:! .(J9uue~, II~
OJUQ!HGlj<l SJ ....d ',1J31JHJ"~ sa1nPdDJ1J , ldn~ ,;IJ ~N3SNqJ N31Hd,"\ 3H.1 In(JHlJ^ 1"3~1:KJ(I srH~ ~D :lS~ ll::lHHl dD N[]]l:)nam~dJlj 'NlIISS3SSDd AN... Uf,I" J3^lj3S]<I 31l\:' S~H~Ilj TN ."'"d .S.l~J!lK)lj" so-.nOdDlTl 1 :dn~ j(] ~HB"Cl<ld JHl Sl lN3L<lnJO<J $I"'J. ~H')["Ad[D @
~ i
t ~
I.. in in
ilhU
<EI ~
8
cw;
<
i
.j z
Q
i ~
I
...J Ii! i
w
I~ Cl II III~
z
.i ilu c 11'----____
...J
i 5" I, It
I ID~ 111!~;
:I: " III Z
I- -
~ .. 5 I' Q
~i It ~ l-
I' II ~
,I W
...J
i; I w
I. , ~ Cl
Ii! Z
"' is
i 511 5~
I
.j I.. ID.
II I- ~
fi ,II! ~~
I ilH
I Ii
.
Ii! H
511
II!
Ill! ~j
illl It
I-
f; III
I~
I
,g
I
I i
.1 : !,
T I
~D~ a!illl~~ VClIlOOl'HOV36AVlf130
-===lI . "''' 3IIOIlll nldV3Nd I
~... ;;!S~~ ~
.~ liiiiiili .011 'MOl::l Al::l3NNVO .. ~i
Dm:ri lill! JOj tuewedol9A9a ,MOl::l .(Jeuueo, II.
~ ~
i i
lu in ~n
dhl!
~ ~
....
o
cw)
c(
a:HlllIHD~d SI "-.I 'H;)3~IH)<I\I SClnOd0l13 , :dn~ SJ lN3SNDJ N3LI>l,'I 3~.L lnOH.lV' lN3IW.JOa SIH.!. .>0 Jsn 1:l3-tJ.D <V NOl1JncrDddJ<I 'NlllS53,S-Od AN.. IINI.' (l3MB,]d J".. SlHCll" Tl'" '.. d '51::J311I-1J>I.. SDlrllJdOlTl , IdfI~ .J[] Al11]dOl:ld JHl SI .LNJN,l:xJ(I S-IH.I. .LH')I<lAdD::J (2J
Ii
~ i
!i
Ii
~ i
!i
.i
!.
I
I
.1 :
T
1'1 II i:'J~;~Ii II -
illillil~~:. .. II
~.-
---iJf,il.
11,c'.<."
I~ -
1'1 ~I~~ ' .
.1 +",'"",,cC .: .
:"':c;i"';;V _n__
I' J.." "L(... :....1.,..1
tH~~
II:;,/'jl
121 II"
1I1111 hi, II
IIft1ti
, .1 .1
II
"
I,
II
Dg~ 111!ili
~..!l~t:li'li'l
=t-!I'iiiiiili
lCl..~
D~
a:n::ll= II ~
VlIllO" 'H:lV3B AVIfI30
31\01ft) 3lddV3Nd I
~
.~ll.MOl::l ^l::I3NN'9'~ 15;
JOj ~9wedoI9^9a ,MOl::l ,(J9uue~. ~ I~
~ ~
i i
.. iU ~!I
8 dl dl
~<E1 ~
8
co)
c(
lIJUllIHD~d :>J ....d '$IJ;~IH:)>j~ <;;lnmJdOll::J , ]dn~ ..:J ~'O:>ND:) N3lJ.l>;l". JH.l 110HU" HI3..,-noa $IH.l JIJ 3$1 d3""~[] I<D NmLJnm]~"J" 'NDISSJ$SC'd .IN" lit<" a3M,JS3~ 3<1'" SIH91~ "" ""d 'SlJJUHJd':' s::nnOdDIlJ , l.on~ JC' HdJdOOd 3Hl $1 lNJWlJOll SI-II iH'J]>i.ldO: Ql
~
&.
,
,I
ii
I' i i
,I
.j
h
Ii z z
0
0 j ~
~j ~
h I ~
> i
w ...J
...J W
W C)
Ii C) z
z C
.i C ...J
Ii :::! ~ (II 5~
::J~ a:l!!
Ill. 5~
I- ~ I!
Ii ~~ iii 'I II ~i
II I,
" II
II
Ii I
I I, I Jg
~ i
II a. ! , !.g ~;
ra i ", 51
I" I!
I:~
'1, "
ill II
II I
I.. r !,
IT I II
~D~ !!"Ililt; VlIIlOCI'H0V3BAVlI130 i i
~.. !ill. .~ 3I\Olro31ddV3Nd I al'aU I Q
~ . II Il~~ ~ en ~~fi .
D~~ I";: .. ~~~~~~~E:~ _ ~!L ....~_.i_.. ..__.. !~I~~...,_~"",, ."1._.,,_,, ~_.
fi311911-1011" $1 ..." '~lJ:JllH:l"" ~(JlnD,,[]n3 , 1df1}< .KI J.N3SND_ N3UlllI'I 3H.L J.nDH1." iN
j'
.1
"
il
Ii i II iii III
lit I.
.. II I
II lit
~
Ii z
0
.1 ~ z
II 0
[j j, ~
...J .1 [j
w if
I' Cl II ...J
Z w
,I a Cl
H :::! ~ z
::J- a
m~ ...J
I- iil~
rJJ ..
Ii ~i i!:~
a: ..
-i ~i
II
I'
, I
-,
II
f
~ii
'"
III
i I i
J.. !.
IT
~D~~ !i"I!i!!i VClI:IOOl'H:>Y3BAVIfl30 .jl j!1 I 8
~... !!ill " " " 3AOlle 31ddY3N1d I "; &
=='l . II "Ililli'l ~ c~ ~ .
~g :'.i: ,~~~~~~~t~,~. ~L _1..1", _ ~''" _ !~~g~. ",.,__,"""J ,_,.' "~,, ~.,
'Q:HIlIIHD.... Sl ""d 'SI)JJ.l"')"" SOlrJdIW1] 1 ldo1~ ""0 ~'" " N
~
&.
I
, ~t
.1 II
i; I.i
t
i i
z
Ii z Q
Q j ~
;i ~
Ii t W
i ...J
W W
...J
W C)
C) Z
, Z c
1 c ...J
. , 5~ 5..
I all!
aI. i!: ~
I-~ ::::l ..
rJ) .. gi
j ~i
~ j
I
j iiI
III
~i
rl
I' II
.1 II
.;
r II
I I
1.1 :
IT
~D=:! ill~!l! YIIIlO"ll'HOW3BAVIfl30
.......!I !i.,.. 3MlllO 31ddW3N1d ,
.~.. !l:!f;l~.. ~
:sEi biiiiii '~ll 'MOl:l A1:I3NNV~ ii 5;
D~ :ill! JOj PJ9wedol9^9a .MOl:I A19uu8~. III
~ j
i t
I"" iU i!l
dl ill
~ ~
.....
Q
('I)
c(
Q3J.IIlIHOd<l $] ''o'd ',JJ,.!HJI>'o' $D,rOdllnJ .. ldn~ _lD H13SN~) N3Hld/'l ]H.L J.1[1-1J]'" ..l'D~nJOQ SIHJ j[] ",sn d3HJO ~m NOUJnIIOd"JI:l 'NOISS3SSDd ~"... ON'" cr3.~!lJSJd 3;:1'> $J.~ld TIll ",,"'d 'SlJ:U[HJW S(J-nOdal"1:3 , ldn~ j[ AHGdOlld ]HJ SI J.,"JH<lJaa SIHl iH'Jld)'dDJ @
~
&.
;0
I
i I~i
"I iiI II I.i
t
II III "
i i II l't' i
~i ~
II
Ii Z
z . 0
~i Q II ~
II !;( ij
> I w
W ..J
..J W
W Cl
Ii Cl z
z C
-, C ..J
Ii =~ ~;
::::l-
m~ i!:~
~
en "" ~~
Ii ~i
-,
Ii
Ii ' ;
, I~ I ;IJg
~ j d: a-I
II n ! . ~g I ~i
51 i , s5t
Ii
ij
II
- I
I I
I. I. !,
IT I
~D~~ !I;llli!!i VCJIIlOCl'HOV3lIAVlfl30 ei!lei!1 I 8
~a.. ail . . . 311Oll1l 3lddV3N1d I .
~ ..... ~. ~
~= ~~~" c... . ('f)
~~ I ": "lU8W~~~~~~~ J,t _"~_l__"_,._ !~~~~.m._ _" ,L._.. _"_._ :.,
03J.l~[Hl<l" Sl ....... '$~)J!l~J"" SDlmldOlTl "j [d(1~ j[] INJSI'IIlJ NJH]~I'\ JHl lOO....L!f'I .'1 ..
i
z
Q I
!;j:
(ij
...J
W
(!)
z
is
...J
5~
al~
Ii i= ~
~i
.,
fl I'
.1
.-
f'
I
Ii
.5 Ii
fl
"
fl
,i Ilil
Ii Ille
I 1'-'
lill
'II
, Iii!!
'I
il
I
d
.,i
.
1.1: I: I,
I T I i
i
z
o
~
W
...J
W
(!)
z
is
5~
al.
I- ~
UJ ..
II ~ i
II
II
III
I:
~O~~ a!iI_I~~ YIIIlOCl'H0Y3SAYI:Il30
o==!I - - 3hOll!) 31ddY3N1d t
~";:;Iil.... ~
.~ liiiiili .011 'MOl::! Al::!3NNVO .. 51
Om= !~in JOj JU9wedol9l.90 ,MOl::! A19uu80. II.
~ ~
~ ~
I in in
dldl
<0] ~
...
o
c..;
c(
Q]!IllIHCl"d 51 ''''',; .,r;31lHJ..... so-,nQd:JPJ 1 I.om. .JO .LNJSNOJ NJ..l-:(IJ"1 3Hl ~no-u]... H.3~r>::J[]a :>;1-1.1- JO 35n d:3"'J.O /:ID "'Dl~JnaC~dJ.. 'NCl15S.3SS~<l u" qN~ OJA"3SJ" 3d" HI<!lI<! Tl'" "\:'-<1 '5~TH]H::J"'" 5[]"1rl~daIl3 't l"n>l .>0 -'-l~JoIl"d JI-ll S;[ lNJl<InJCO Sl><l IH!l!i:HdOJ Q)
.'
;1
!I
I
I I I
1.1: r
I T I
i
z
0
i=
.j ~
W
..J
Ii w
I ~
Z
C
:::! ~
::l -
co ~ "
I- ,I
CI) --
~i 'j
II
U
"
II
I~I
Iii
III,
IU
I
,g
I
I,i
,
I
ig
II
1'1
:llb~"~
hil I' III I' P
9fl It ~ II .1
61: \ J-~"
I' ~[.II 'I)'
I' II..
,II ~II I
!j
i;
I-
I
I. I.
IT
> I
1.1
!.gl.i
II -,
i
z
o
~
..J
W
~
Z
C
..J
5..
Ill!!
j!:~
::l --
~i
~D~~. Iii YClkK)l,l 'H:lV3BJ.W130
= 3AOtlll 31ddY3N1d ~
.~~= lolilili ~.
-- iI .~ll 'MOl::l Al::I3NN'9'~ I ill
D- IJ!ft JOJ JU8wedol8^8a .MOl::l A18uue~. sl,l
m:i ~i~~~ 151
i i
..iUiU
! dl dl
i-<I ~
~ ~
8
cw5
c(
OJJ.Ill.lf<[Jlld Sl ".d 'SlJ311HJ.... S01"~dllI1J , IoIn~ JI:J HIJSNDJ N3J.1I<l" ]HJ. J.1()-Hl" J.N]~nIm SIH.l j[] 3S.1 1l3~_(J de: ,"Cl.L:nCOIl..J>I 'NmSS]SSDoI ~".. ON" CI3A!j]SJlj ]/1'" SU"~1l1l T111 ....01 'SlJJlIHJl:lII S.JTlDdlJn3 , Id~~ jD HIlJdlllld 3H.l $1 J.,"JHI1JOO SIHJ. l~IIlAd[]::J @
I
i z
i Q I
I ~ II
>
w I,
...J
W I,
(!) II
z
15
::d ~ z
~ ~ 0
m ~ i=
I- ~
~ ~ W
...J
W
(!)
z
15
...J
5..
m~
I' I I 5~
L I: r i g~
IT I
z I
0
~ d I
>
w 1.'1
...J
w
(!)
z
15
...J
5..
m~ z
j:~ Q
, ~
,! a: ..
~~ >
I ~
I
W
(!)
z
15
. :5 ~
,I m,
i I- ~
I rJ) ..
~ ~
I I
I. r r
1 I
~O~r =;:: VCJljQ"Ol'HOV3BXvlfl3O i i 0
.~!;~ .O"~:= ,I. ill I" g
Oii5 !;i JOJ ~uawedoje^8(] .M~ AJeuU"8o. ~! ~ ~ ~ I JI JI <3:
~]llH]..[]"d ~l ldn~)Jl!HJd" ~i:)1nlldOIT} 1 lOIn>! .;[] iNJ~N[D ,,]Ul~/'\ ]....~ 100><111'\ i"'3WI1:J)(! ~]Hl -'Ie Jsn d).no dO N[]tl)n[][]dd3~ 'N[]ISSJ~S[]d u." IN':I [J]"dJ~]d 3d" SlH'J:d 1'''' ']/:Inl:JJ1:H:J.,If SOlOlldllllJ , ldr'>l ..:J U"fldD&! ]Hl ~t IN3HnJI:)CI SlHJ. ifi'Jllj)..dlJ:] @
i
Ii
I'~
I
,
!I
i;
.
,I
.'
,
I
~ i i i
, Id: r
1
~, I I' I
I
~
~
, ~l
1
;1
I
~i .
!I
, i i;
i
I
.
i
I
I
i ~
~i
.'
.
I ~
w
~! Ii
il
~i !I
i I
I II
I. I: r Ii III
II' I
..
!I
, i
i
I~ I: r
U I' I
II
Iii
III
· i
i! II~
B ! ~ $-
~ "~ I.,~
11m
.-:--
~
,!;) &.
~
B
~
~I
~i
~
~
~
a!
~i
~D~r =;=: 'IfCltlO1:l'Ho\'38AWl3O i ~
D.~~ !;.~ . '0"-1 MO~~= J. I i!ml
::: ~~~ JOJ luewadole^ea .MO~ .tIewvO. ~ ~ i ~ ~ haha
c ::== 15 ~ ii! III :l "" ~
UJ!lBIHDlId SI ]dn1J31l~3d'" SDlnlJ"DI1J , 1df1" Al H')SNC::: "JUIl!" 3><1 inCH11" lNJ",nJOa $IHl -<0 Jsn 1<3....10 <tD "IOUJ"UOllolJII '''DI~S3SSDd AN" Uf,I\I CI:JA1BSJd ]101'0' S!H,)l~ 11... .JdnlJJUI-<J;o'o' SD-.nDdDIlJ " loin" ~c .H:lJdOl!d ]<i.L J;] !":lWnJOO SIH! IHClld'"DJ Q)
i
II
I.~
..
i
j ~
i ~
I
~! Ii
~i ;j
!I
I I I I!
I. I: J. !i ~l
r I i
!I
I
ji
ir~
~i
1
;i
I
.1
i
I
!i
,.
!;
i
~
~
~l
~I
!Ii
il;
II
II
I i
I. I: I:.
r I ~
o
o
M
<(
1..;
i
~
~
~
mt
~I
i
~
~
~
~;
~i
~D~~ =:~ Y(HnHOV38AWl3C ~ i ;11;11 8
El~~ni JOI~~= II !l dYlgl ~
U3HElIHDlId Sl ]lInn]J.IHJlI~ SOlnDdDnJ , Idn~ .KI J.N3SNDJ N3~ll<ll' ]Hl J.nOHl1" IN]..nJOO '>IHl jD 3sn Il]HJ.O Cl~ NOI~JnODlId]<1 '~CISS3SS0d J~" CN~ 03A'fl:;:Ji!< 31111 SlH'Jlll ,.,~ .JlInJ.JJ.l.l~:J<I\:I SDlnCdlIl1J , l<ln)t ~C1 JdKld[]"d 3HJ. SI lN3I<nJOO SIH.l lH'JIllIAdO] @
I
;~
I .
I'~
t
i
. ~
,5
I; ~
w
~! Ii
~I >I
II
I I I, . III
I. I: I.,
r I 2 5 I'
;. IS
II
.
.5
!;
.
5
~j
I
.
5
'.
I
.
H
i;
I I I
I. I: r
r I I
I!
II
II
II
I
, I'~
i ,i.
Ld ~~
l'uU
.
!5
i;
i
I I I
I!I:
r I
~l
~i
.
,5
i
I
II
I!
I I I
I. I: r
r I I
~
&.
j
~
~
~l
~i
j
~
~
~t
m.
6)"
~I
~Di- =:::::
. ~ !~.~
D ;; ~~::
~ :;;
.. ===::::
'lfCJllOOl 'HO'If3lI A'Iflfl3C
3.\OllO 31dd'\f3Nd
~
'0-"1 MOI::I A1::13NNVO ~
JOJ luawadoJaAaa 1'01::1 AJauU'BO. II
Ii ~
i
!!I
~ Igl
o
o
C')
<i
n]~JBIHD"d ~J ]"rl}]lI~Jd" ~D,n(]dmTl , l<ln>i ..ill 1"]~....:J;) N)UI,," 3"'1 lnOHl1J'\ lNJln~all "Hi ..lD :lSn d]IUD ;10 NJl1:JnIlOdd3d 'NCll$S3na" H"" ~N" 03^d3S3/j ],,,1 Sl...9Id '1'0 ']dnlJ311HJ..", S[J~n(]dDl13 , Idn~ jD AJ.l:lJdD!jd )Hl SI l>l3><nJOO SIHl lH<;lI,,~dlJJ Q)
i
~
~i
~i
~
15.
I!I
i
~
~~
~~
~
15.
cI~
M
I~ I~ .t.:
U n I~ .
hhllit.~
bl ;1
~II~' h~
In IIh III
I' I II
I: L !~
U I 15
i
~ "
~ "J
~~
~~
~
':".I &.
i
~
~~
i~
DD~'" =;::: 'o'QI,lO"lol 'HO\'38 A\1lfl3(J ~ I
~.sg !;~ '0"" MO~3h:= I I nun g
DDil~ Iii JOnuewado!e^8(] .MO~ .ueuuvo. II ~ ~ ~ 1~lgl <C
O:::HIIIIHJ~.. sr )~'-l1)).dH:)Ij" SOlnO"OnJ , ;dn~ -"J ~~]SNDJ N3ul<l1'l JHl lnDHll'" lNJwn:lOU SIH~ -,0 )S.~ d)H~[] liD NDI1:Jnuo.."J<! 'NDlSSJSSC.. AN" ON\! crJ^!OJSJi:j 3>1" S~H!l]~ 11" ')<In~)]lIHJ<I'" SQlnCdm,) , l~n~ ,,0 'J.dJdO><.. ]H~ $; ~N~nJIJG SIHl iH'JI.....OJ ~
I
d
I,i
t
,j
'"
II
.i
i
I
j
),
I
j
)i
II
,j
i
I
I. I
Id:
iii
I!
51
II
It
> I
lit
I 'II
.t I.i
lit 51
i
Ii!
III
~
~
~
~;
~i
j
),
I
.i
'j
I
,
,I
."
,
I
i
I 1 I
~ I. I: r
r I t
~
II
~!
,j
'"
,
I
I!
II
I 1 1
I. I: r
r I t
~
&.
(~
i
~
~
~l
~I
i
~
~
a!
ii
~D~~ =::::
~5 ~~~
. ~-.~
~ :~...
D :: ~:=
... ::;;
c ~==
'IICJllO'8 'HO'II3ll A'IIlfl3O
3AOY:l 3'ldd'II3Nd ~
'011 MOO A1:13NN'o'0 i ~
JO' luawec:lote^ea .MO~ .(JeuU80. ~ I
Ii
~ ~
. ~ .
.I 'I
i il ~
I ~
&.
11 . i
I
~ i
~i I
I I I I' ~
I. I: r !i I~I ~
r I I W
!I II
. ~I
'I
i;
. i
.1
.
I
I I I
~ I
. B. I: I! I.
I
.. r I I Ii
I ~
t
. ~I
I
;j i
I
.
'I
. il'
.1 ;1
.- ~
5
I
~
w
~!
~..
~i
i
8
M
<C
,
DD~~ =:::::: V<JdOl:Il-O\'3llAW13O i ~
~.~g !~-~ '0-'" MO~3A::: I I !!I~n ~
DD~~ Ii ~ JOJ JuewadOje^8(] .MO~ ,(Jeweo. II ~ ~ ; I YI ~I ~
a:UIBIHlIdd ~r J..mDJllH~Il" so-.nlldDlTI , JJl~ jO j"']~>l[]O) "JUI~" 3>-1- ~noHll"'" UI3...n~C1C $IHl -,'J 3sn IHH1J <Ill ~[]aJr,iJO(j.,:;>l 'NOISS3SSDd !NII aNI>' CIJ".l:IJ$.3d J!:I\I SiH~]" -'1':1 ]!lIllJJlIHJ!I" so~nlJ"[]IT3 , Id1~ .JD lUIJdlld" 3Hl ~l J.N:lloln:mu S]H1 Ul'JldJ.dllJ @
I
l
.
.i
I
i
.
.1
,-
J
I
~
~ Ii i
,j
~! II
I
I I I i Illl Ii Ii ~i ~
I. I: a..
r I, !,l Pi
I I I I I , I ~I ~
.J
I
~l
. ~i
J
j
I
i
I i I
" ~ I. I: r
1
., I I I
I ~
~t
. ~i
1
., i
I
.
!l
. il
.1
i I
I
It
II ~!
I I I i I I ~!
IH: I. I: r I,
II I I I I
It1 ~ . I rrro1IrrmJ=l nm-m-rrr-r-r-rE M II / I 1 -
f- I _ ~ c- ~ I ITIII1J.III-ITU ~ I V - =
.. I l ~ ~ 1.1 1IIHIm~&~ =
~:~~lliiil 11 ~R1iffirR~. 'F'- rnm ~
[IT] EOJ . ~ ~8IIIIIIE ~ - I.'E. 7TH CT.
> I I - " N." 7lH ST. .,,~-
-< . ~ . ~ L-......,
H=?-f-',-;= ~,+-i' =\,11-111 1 r- (7 tJc}. c:== ~~ ~~ := r--
f- !!i-f--- .~ ~~ - ::> '" "--- - I-
<_ "''' _ . 'l' ~ 0 0 ,----
~f--~_I- -.I ~ R _TH TERR. ~- t=.1Il N,E, Z 6 f-- - '-
h- f-- ~-i:::.-----t-r- AN I 7 = - f--
I I Z............ I I.. I I I ~L ~ F r--
W~ - <}~ N,E. 5TH CT, ~ ~ ==
~ ~ _.jj~~ r-;"' ~~
i~ em '" ,W '.'.rn EJ~/, > ~~
I-- ~ f-~
t--- :I: ~:I:
I-- f-
r--
~
1--< <
I-- f--
II N.W. f- f--
T 1
f- r-- -
f-- -
- -
- -
- -
- ==
UU ~ I
.....~ LUTHER
g ~~ l~
I-- _-
.1:=
't---
~
lll:=
10-- ~ [
I-- w ~il
I-- .--- 1==
~: :~~:
J.C..- c-
c-
-
-
I~I ~l
N
-
CITY OF DELRAY BEACH, FL
PLANNING ole ZONING DEPARTt.lENT
-- DIGITAL BASE MAP SYSTEM --
~~T.-
B ~I \~
~D =E ;; i~c=: mm ~~f--
f=t= -I -I-::i..!ll-
1-1- == I I == I-=-
>-t=~~ =_,01 -~-
E[[j!!!1- -
I-- - _ _ [_
I-- - j f-- i- ~
DRIVE ~ ~ N.E. 2ND ST.
I-- -~ IIf1bJ ~ Q Q~~
I-- _!!i .1- z zlD::I:fj - W
~ -1-5 BT 50-
1--- _ CD CD
:;J - ~ b'rfE -..
--11; - ::> :0,['" --
--~ ~ - ~ '=ITg ;:c-
"RR ~~FlllllS ~~~- --
B~ ~t:1/1 ~~~ ~~~.
A T LAN TIC []]]] ITIIIJJ [J]j~ '~~WWf 11 II ::> ([]LL
CIID [ Tl [ill]] m WJ I aJJ m [IJlID ~!lllllllIIOOill
~
<<
~
<<
1-~
1--<
f-
f--
I--
I--
f-
f-
Ir
I
~
j!;
..
KING oR.
o
ii
'"
z
CANNERY ROW
LOCATION MAP
1m! SUBJECT PROPERTY
t.IAP REF: L.M9B3
~D~:! ~~I~:
. 1l;:!1l....
. !i.~~~
Dcu:d= ~
o
o
.....
cc
VCIllOl,j 'HOV38 A V\f13CI
3.'.OllO 31ddV3NId
'011 Ma:! A~3NN'V0 i ~
JOJ luewdoJe^ea .MO~ .tJeUU'80. ~ Ii
~ ~
I '---~~.~'---I
-
-!o,
-II L -----
illl lF1S HU '3'Nr --
!, h '
L-
II
;
!
t
~l
'1
;5
=.
'1
I.
.;
=,
I
~
rlill
) '1!1~-~- .-
I q I /
~l' /i
!l~1 ( ! I
Ii 1
~ I
!
I
\, y~, 'i
_~_, I
. ,\ J
l.". /
ii!l \~
lili
1.1
!~ ~
II 1
Iii!
-
I'----::~=.:---I
n
II
~~ i
II
~~ I ~ ~
~ ",~i HI; II! II
.11111.11 ~ I ~ I.
~ 11111111 ~! ~ ii I
~t I ~
dll di
~ f' ~ 00
~ ~ ~ ~~ ~ ~6
~2~,2a~~
~ liU i ~!
~ m~ ~ h
lH<:l]IlAdllJ c>>
"$
i
~
I ·
i .
~ ~ ~j ;
i i.
~ ~ ~ii ~
~ m~
~ ~
I i ;!~i
m~ ~~ i~L.
Q g~ &~ ~t~~"~
t~" ~~ ~'oo~~ "".
~ i:l::t ~ . II': . ZWf;. iil<li 2 II! ,......
~~m~~t ~~~~ :~~ ~h~~~ '10
~ ,~~ ~. H ~ Q w, ~~. .~.
. ~$". $. ~ 6 ~ ~~ .~. ..j ,
! ~ .... ~ . ~ ~ ~ ~ ~~ ~.~ ~~i "
~ 2 g~ ~~ ~ ~ ~~:; ~I~ ~m~ ~
L~P~~ ~~ ~I.t q~. M ~U ~
~ i~.o~u~ ~~..~.ti~ ~",~ a!~ ~i~ .,~~ ~
. '~5;~~~ ~~~~.~~ ..~~~Iil ~;~ W ~.H
" '<~".~' f$~8~ ~~~8:il ".~ o~ _go.
I ~ I ~ 8~~~;~ I; i~:~ ~~~:I..gu m ~ ~~!~
! ~ ~. 5 .~o~ Il~o l~'2 "~ 0 ~~~ d
i r ~~ M!h m ~~~i U. ~ WB...
II. i ~ ~~ miU ~ii ~i.~ p; lis
I ~ ~ ~ i~.. ~~.m~~.. ~~n ~;~..~~ ~~s . ii
e I ~ ~ I I I ,~~. n
~ 0 ~'~ .. _ 0 m~~ is'
I'- i! ~~ i ~!~ !~ ~d ~~ ~~
e 2 2 a 22 f 2 ~ f 2 ~ f ~~. ~ ~ ~ ~
U ~ H ~~ ~ ~h ~H HI d d
z
~~ ~9
=; d
Mill
IIII~I
I II ,I.
~<l3
z
~~
~!
~ ~~~h~
t ~2i~~
~h~ii
~~:Z~8.
~ ~~~!~.!
iI~~~~~
~.. -i~!~
~~ ~..t'
'~_2~Q
,~~~.~
~~~r'
d~"~3
..2~'~
3~3i1~i
[IT' DF DELRAY IEA[H
CITY ATTORNEY'S OFFICE
:'00 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
'TELEPHOt\E: 5h!!2-l3-7090' FACSIMILE: 561/278-4755
DELRAY BEACH
F L () II I D A
D.e:d
All-America City
Writer's Direct Line: 561/243-7091
, 1111: DATE:
MEMORANDUM
December 19,2006
1993
2001
TO:
City Commission
Davie~ Manager
Brian Shutt, Assistant City Attorney
FROM:
SUBJECT: CRA FundinQ of Construction Proiects for the 2006-2007 Fiscal Year
The attached agreement provides the funding that the CRA will contribute to the
fiscal year 2006-2007 City projects. The funding will be provided to the City upon
bid award to the contractor.
Our office requests that this item be placed on the January 2, 2007 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Randal Krejcarek, City Engineer
Dianne Colonna, CRA Executive Director
.~
q.t
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH
AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES
THIS AGREEMENT is made this
day of _, 200_ by and
between the CITY OF DELRAY BEACH, a Florida Municipal Corporation,
(hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA").
WITNESSETH:
WHEREAS, the CITY will be performing various construction projects located
in the CRA district and as shown on Exhibit "A"; and
WHEREAS, the CRA is providing funding for the projects in the amount listed
on Exhibit "A".
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties hereby agree as follows:
1. The recitations set forth above are hereby incorporated herein.
2. The CRA shall provide funding to the CITY in the amounts listed and for
the projects listed on Exhibit "A". Such payment shall be made to the CITY upon the
bid award to the contractor. In the event that change orders are issued for any of the
projects listed on Exhibit "A", the CRA, shall provide payment to the CITY of its
percentage of the change order.
3. The term of this Agreement shall commence upon execution by both
parties and shall continue until either party delivers written notice to the other party of its
intent to terminate this agreement or 60 days after the City receives the final invoice from
the contractor or professional for all of the projects listed on Exhibit "A", provided
however, once the City has executed a contract with a contractor or professional the eRA
shall not be allowed to withdraw its funding for that particular project. If the CITY
terminates this Agreement the CITY shall refund to the CRA any funding that was
provided to the CITY but was not paid to the contractor or professional.
4. This Interlocal Agreement shall be filed pursuant to the requirements of
Section 163.01(11) of the Florida Statutes.
5. No prior or present agreements or representations with regard to any
subject matter contained within this Agreement shall be binding on any party unless
included expressly in this Agreement. Any modification to this Agreement shall be in
writing and executed by the parties.
6. The validity of any portion, article, paragraph. provision, clause, or any
portion thereof of this Agreement shall have no force and effect upon the validity of any
other part of portion hereof.
7. This Agreement shall be governed by and in accordance with the Laws of
Florida. The venue for any action arising from this Agreement shall be in Palm Beach
County. Florida.
8. Neither the CITY nor the CRA shall assign or transfer any rights or
interest in this Agreement.
9.
This Agreement shall not be valid until signed by the Mayor and the City
Clerk.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Approved as to Form:
Jeff Perlman. Mayor
2
City Attorney
ATTEST:
COMMUNITY REDEVELOPMENT AGENCY
By:
Print Name:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 200_. by
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
corporation, on behalf of the corporation.
produced
,as
(state or place of incorporation)
He/She is personally known to me or has
(type of identification) as identification.
Notary Public - State of Florida
3
EXHIBIT A
Fiscal Year 2006-2007 Proiects
Amount of
eRA
Project Name Fundina
A Neiqhborhood Park-SW 6th Rosemont Subdivision $49,132.25
B SE & NE 5th & 6th Av from SE 4th St to NE 4th St $400,000.00
c SW 14th Ave - SW 2nd St to SW 1st St $460,500.00
D SW 2nd Ave - SW 1 st St to W Atlantic Ave $293,000.00
4
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
A ENDAITEM# q. -RE
AGREEMENT/HURroCANE
(HHRP)
SUBJECT:
DATE:
DECEMBER 28, 2006
1bis is before the Commission to consider approval of an agreement between the City, Community
Redevelopment Agency (CRA) and Hatcher Development and Construction in the amount of
$519,138.00 for the rehabilitation of 133 N.W. 5th Avenue. The bid award is being contested. Staff
considers the contesting bidder non-responsive as outlined in the attached memo.
The purpose of this project is to create nine (9) affordable rental units as well as one (1) utility room
under the Hurricane Housing Recovery Program (HHRP). The City's Hurricane Housing Recovery
Program will fund $500,000.00 and the Community Redevelopment Agency (CRA) will provide
$19,138.00 for the rehabilitation of 133 N.W. 5th Avenue.
Funding is available from 118-1932-554-49.19 (Community Development Fund/Housing
Rehabilitation.
Recommend approval of an agreement between the City, Community Redevelopment Agency (CRA)
and Hatcher Development and Construction in the amount of $519,138.00 for the rehabilitation of
133 N.W. 5th Avenue.
S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\City Manager HHRP eRA Hatcher Dev Agmt,OL0207.doc
MEMORANDUM
TO: David Harden, City Manager
FROM:
Lula Butler, Community Improvement Director Lb
Elizabeth B. Alpert, C. D. Program Administrator
THRU:
DATE:
December 22, 2006
SUBJECT: Agreement for the rehabilitation of 133 NW 5th Avenue
ITEM BEFORE THE COMMISSION:
Consider approval of an Agreement between the City and the Community Redevelopment
Agency (CRA) and the most responsive bidder, Hatcher Construction and Development. The
purpose of this project is to create nine (9) affordable rental units as well as one (1)
utility room under the Hurricane Housing Recovery Program (HHRP). $500,000 in
funding for this project will be provided through HHRP, account number 118-1932-554-
49.19 and $19,138 will be provided by the CRA.
This item is also requesting review by the Commission to approve the winning bidder for 133
NW 5th Avenue since there were letters from the participating Contractors contesting the
awarding of the bid.
BACKGROUND:
This request is to consider approval of an Agreement between the City and the Community
Redevelopment Agency (CRA) and the most responsive bidder, Hatcher Construction and
Development, for an amount totaling $519,138.00 ($500,000 to be funded by City's
Hurricane Housing Recovery Program and $19,138.00 by the CRA) for the
rehabilitation of 133 NW 5th Avenue.
Staff is also requesting review by the Commission to approve the winning bidder for the
project since there were letters from the participating Contractors contesting the awarding of
the bid. The following sequence of events took place during the bid opening for the
rehabilitation of 133 NW 5th Avenue, a joint project between the City (providing $500,000 in
Hurricane Housing Recovery Program funds) and the CRA (owner of the property).
. At 3 :00 PM Community Development Staff along with two bidding contractors met
in the lobby of the CD Division for the project bid opening.
. Community Development Administrator, Elizabeth Alpert, questioned Rehab
Inspector, Steve Lee, as to the whereabouts of the bid for JMosca Builders.
. At 3 :02PM cell phone records indicate a call to Mr. Mosca from Steve Lee asking
the whereabouts of the bid. Mr. Mosca stated that he had dropped his bid of at the
CRA.
. At 3:05 PM Steve Lee picked up the bid from the CRA and brought it to the bid
opening which began in the Planning Conference Room at 3: 10 PM.
. While JMosca Builders was the lowest bidder, Hatcher Construction contested the
bid (see attachment B) as being the lowest responsive bidder because the package
was dropped off to the wrong location and did not arrive at City Hall by the 3:00 PM
deadline.
. The Invitation to Bidders (attachment A) which was included in the packet to all
bidders clearly states that sealed bids will be received at the Community
Development office no later than 3:00 PM. (Note that the date for bid opening was
originally December 4, however staff notified all contractors of the extension to
December 19 at 3 :00 PM - See Attachment E).
. After evaluating the bid documents in detail the Community Development Division
determined several concerns regarding the JMosca submission.
I. Unit Costs were not used to itemize several line-items on the bid proposal
(see #21-26 of JMosca Bid Proposal).
2. Permit fees (which are estimated to cost up to $10,000 for this project) were
not included in the bid-proposal document. This is a concern to the
Community Development Division since it would automatically require a
change order.
3. The bid was received after at City Hall after 3:00 PM, therefore the
Community Development Division consulted with the City Attorney's
office. After reviewing the bid documents the Attorney's office
recommended that the bid be awarded to Hatcher Construction and
Development.
The Community Development ~ivision's final determination was that the lowest
responsive bidder is Hatcher Construction. The submission adheres to all technical
bid guidelines, specifies unit costs for items and includes all permit fees etc.
. JMosca Builders contested the awarding of the bid to Hatcher Construction (see
Attachment C) stating that Steve Lee had the bid in his hand by 3:00 PM. However,
cell phone records show the call was made to Mr. Mosca at 3:02 PM and that the
JMosca Builders bid did not arrive at City Hall until 3: I 0 PM.
. All bids from the opening are attached for review by the Commission (see
Attachment D)
RECOMMENDATION
Staff recommends approval of the Agreement between the City and the Community
Redevelopment Agency (CRA) and Hatcher Development and Construction in the amount of
$519,138.00 for the rehabilitation of 133 NW 5th Avenue. Funding for this project will be
provided through the Hurricane Housing Recovery Program (HHRP), account number 118-
1932-554-49.19 and by the CRA.
AGREEMENT BETWEEN THE
CITY OF DELRA Y BEACH AND
THE COMMUNITY REDEVELOPMENT AGENCY
FOR STATE HOUSING INITIATIVES PARTNERSHIP
HURRICANE HOUSING RENTAL REHABILITATION PROGRAM
THIS AGREEMENT is made this
day of , 2006, by and
between HATCHER CONSTRUCTION AND DEVELOPMENT, INC. (hereinafter called
the "Contractor"), the COMMUNITY REDEVELOPMENT AGENCY (CRA), (hereinafter
referred to as the "Owner"), and the CITY OF DELRA Y BEACH, (hereinafter referred to as
the "City").
WITNESSETH:
WHEREAS, the Owner owns certain property located at 133 N.W. 5th Avenue (the
"Property'); and
WHEREAS, the City will pay Contractor Five Hundred Thousand Dollars
($500,000.00) through the Hurricane Housing Recovery (HHR) Program, Hurricane Housing
Assistance Plan (HHAP) by the use of its hurricane housing recovery dollars to repair and
rehabilitate 133 N.W. 5th Avenue; and
WHEREAS, the Owner will pay Contractor Nineteen Thousand One Hundred Thirty-
Eight Dollars ($19,138.00) to repair and rehabilitate 133 N.W. 5th Avenue; and
WHEREAS, the City and Owner shall oversee the construction.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties hereby agree as follows:
ARTICLE 1.
Statement of Work. The Contractor shall furnish all supervision, technical personnel,
labor, materials, equipment and all other appurtenances thereto and perform and complete all
work in accordance with the contract documents as prepared by the City.
ARTICLE 2.
Work to be Performed. Contractor shall perform repair and rehabilitation work on 133
N.W. 5th Avenue, Delray Beach, FL 33444 legally described as:
LEGAL DESCRIPTION: REPL ofPT BLK 27, De1ray Beach,
Lots 4 & 5, according to the plat thereof recorded in Plat Book
20530, Page 1033, of the Public Records of Palm Beach County,
Florida (PID # 12-43-46-17-05-000-0040)
ARTICLE 3.
Contract Price and Method of Payment. The City shall pay Contractor the total sum
of Five Hundred Thousand Dollars ($500,000.00) and Owner shall pay Contractor the sum of
Nineteen Thousand One Hundred Thirty-Eight Dollars ($19,138.00). Upon request of the
Contractor, partial payments equal to 90% of the value of the work in place, not to exceed 75%
of the contract amount may be made. All payment requests will require signature of an
authorized representative of Owner. However, the City shall not be stopped from distributing
funds if the City determines the Owner has unreasonably failed to sign a payment request.
Final Payment will be made after:
1. The Contractor executes a lien release and warranty on forms furnished
by the City, relative to work performed, materials furnished, and certification that all amounts
due for labor and/or materials have been paid. The Contractor, by execution of the contract,
holds the City and Owner harmless from all claims or liens for labor or materials furnished or
2
used in performance of the work covered by this contract, whether furnished or used by the
Contractor or any subcontractor.
2. The Contractor and the Owner agree to defend, indemnify, and hold
harmless the City and its officers, agents, and employees from and against any and all suits,
claims, actions, legal proceedings, demands, or liabilities (and any and all costs, expenses,
liabilities, including attorney's fees associated therewith, made against the city which arise,
directly, or indirectly from the Contractor's or Owner's negligent acts, errors or admission
during performance under this agreement).
3. The City and Owner shall conduct a final inspection and approve and
accept all work performed by the Contractor. Final acceptance of the job shall not subject the
City or Owner to any legal responsibility or liability of any kind. In the event that the
performance by the Contractor is unsatisfactory or unacceptable for any reason, the Contractor
agrees to correct any deficiencies at no additional cost to the City or Owner.
ARTICLE 4.
Guarantee. The Contractor guarantees that all work performed is free from defects for
a period of one year from the date of final acceptance of all work required by this contract. If
any defects appear during the warranty year, the Contractor agrees to correct them
expeditiously.
ARTICLE 5.
The Contract. The executed contract documents shall consist of the following:
a. This Agreement,
b. Instructions to Bidder,
3
c. Signed Copy of Bid,
d. General Conditions,
e. Special Conditions,
f. Technical Specifications, and
g. Work Write-up Drawings.
h. The Interlocal Agreement between the City and Owner for funding of the
construction of property.
ARTICLE 6.
Lead Based Paint. In accordance with the Lead Based Paint Poisoning Prevention Act,
no lead based paints shall be used in any area intended for human habitation.
ARTICLE 7.
Statement of Non-Discrimination. The Contractor shall ensure that employees and
applicants for employment are not discriminated against because of their race, color, religion, sex
or national origin.
ARTICLE 8.
Dispute Resolution. All internal disputes between any of the parties to this contract
arising out of or related to the work required herein shall be decided by Program Administrators.
All other disputes constituting a beach of this agreement, which cannot be resolved by the
parties, shall be resolved by a court of competent jurisdiction pursuant to the laws of the State of
Florida with venue in Palm Beach County, Florida.
THIS AGREEMENT, together with other documents enumerated in this Article 5,
which said other documents are as fully a part of the contract as if hereto attached or herein
4
repeated, forms the contract between the parties hereto. In the event that any provisions in any
component part conflict with this agreement, the provision of the component part first
enumerated in this Article 5 shall govern, except as otherwise specifically stated.
5
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed in three (3) original copies on the day and year first above written.
ATTEST:
HATCHER CONSTRUCTION AND
DEVELOPMENT, INe.
By:
Print Name:
Title:
(SEAL)
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day of
2006, by , as (name of officer or
agent, title of officer or agent), of (name of corporation
acknowledging), a (state or place of incorporation) corporation, on behalf of the
corporation. He/She IS personally known to me or has produced
(type of identification) as identification.
Notary Public - State of Florida
6
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
Approved as to Form:
(SEAL)
City Attorney
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day of
2006, by Jeff Perlman as Mayor of the City of Delray Beach, a Florida municipal corporation on
behalf of the corporation. He is personally known to me or has produced
(type of identification) as identification.
Notary Public - State of Florida
7
ATTEST:
COMMUNITY REDEVELOPMENT AGENCY
By:
Print Name:
Print Name:
(SEAL)
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day of
2006, by , as (name of officer or
agent, title of officer or agent), of (name of corporation
acknowledging), a (state or place of incorporation) corporation, on behalf of the
corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Notary Public - State of Florida
8
:. ",
";"~i :~~
':1.' .
~;.:.:.:j~ -
.. ~::;:.: :":;-:~i .:-~ /.j~;.~ ~f 5~~~!~~ ~i!~ ~
. ,...,,,"'r ..', ""~t.~ ..,.I1.,i,.lji ~~;a1. .~I. ":wt.-:, ".,~&:
'.~' .\:' i""~ . .. C' ,..;",r.(~' '.' . .'''''.lif....1J' JIJ1' ~"l1;tf.J
"..1." ...._ ':,t ,..:f :.~:< 1"'1" '. 'I" ~'" M: '~,,~
...:......~...~ .t::~~ _.fr:. ~ ik r~.,. ..::~~ wa~~::i ~
Attachment "A"
. ~ ':'''-'~;
DHRAY \-lEACII
. . " .. I " .
~~-~-
AIl.Alllcrica City
, III'l
1991
2001 NOvCfl1ber 20,2006
NOTICE 1'0 CONTRACTORS
Bid No. 2007-12
Sealed bids wiIl be received by the City of Delray Beach, Connnumty Development DivisiuL), as
agent, lip to and opf~ned OIl Monday December 4. 2006, at 3:00 r.M. a.t the Communiry
Development Office, 100 Norf.h\.vest 1st AVe111lt:: (in the North Wing), Ddray Beach, FJ()rida 33444,
ror rhe.: rehabilit.ation and repair oftbc following properry:
133 NW 51h Avenue
ContaCt Pt:rson
Steve Lee
573- 1507
Plnns and specifications may be obtained by bona fide bidders, upon applications at the abov~
office. A 5% bid bond or cashie;;r's check or company c:.beck most accompany each Bid Proposal
along with completl:.:d Cost Estim~~te SunmUlry Sheet and the Non-collusion A ffidavit of Pnme
Bidder.
A S:.rATEMEN'f OF NO DID is rec.ruired if you arc not int~Ie5led ill submHting a quotariOIl for
the Tnvm\tioll to Bid, and wi:.h to remaiu on tbe City of Dclray B~ach bid list, you MUST n:tum lhe
1 ~;I p~ge of your hid packet titled "TO ALl. BIDDERS" by the bHi openin~ date refere-:nced above. A
list of valid reiiSOD'1 is provided from which you way choose for not participating.
PLEASE INDICA TlJ THE FOLJ_OWfNG INFORMATION ON OUTSJDE OF SEALED ENVELOPE
WHEN SUBMlTTING YOUR PROPOSJ\L' .
I. Your Cornpal.1Y Name
2. Bid Number
3. Opel1 mg Da.te
tl. J1 ,;:;.1x-l1.(.-' {d:~o~-.7
._~--- ---.
, .
Eh:z.abeth D. Alpert
COll'l.muwry Development Admimstrator
~/~'d
~22L~b2~9S : 01.
0L920~n9S
JNI ~3HJl~H:wOJ~ 8J:L~ 9002-02-J30
H
Attachment "B"
aTCHER CONSlRUCTION & DEVELOPMENT, INC.
-Oul1ding Satisfaction from the Blueprints of Your Dreams-
N()vember 20. 2006
Rli7.aheth B. Alpert. Community DeveJopment Administrator
City of Delray Beach
100 NW Jst Avenue
Delray Beach. FI. 33444
RE: Bid #2007-12; Rehabilitation and Repair of 133 NW 5/h Avellue, Delroy Beach. PI.
Dear Elizabeth:.
After reviewing the bid speciflcatiollS for tlIe above referenced pmjccl., it was noted that
all st:alt:d bids wcre to be rcceived "by the City of Delray Reach Community
Development Division, as agent, up to and opened on Monday, December 4, 2006 at
3:00pm at the Community Developmcnt Office, 100 Northwest 1st Avenue (in the NorLh
Wing), DeJray Beach,. Florida. 33444, lor the rehabilitation and ,repair of the following
property:
133 NW 5th Avenue
ConlacL Pc=~un
Steve Lee
573-1507"'
Be advised t11at this is a fonnal contest of the apparent low bidder's nun-re::;ponsive bid
due to the fact that it was not submitted on time 01:' at the proper locaLion. An agent of the
Communif'y Development Division, Steve Lee~ left the bid submittal site after the limt'
specified for the bid closing~ to reeo'up a non-responsive bidder's proposal (rom the
Delray Reach eRA's oOice.
Plea.se provide a C()py of an responsiVt: bidder's. 'flus intormatioll can be fa"<ed to (561)
301-2670
Sinoerely,
L0~, l~
WiJJiam HalChet
HATCHER CONSTRUC'nON & DEVELOPMENT, INC.
Attachmenl: Bid Specifications dated 11/20/06
400 \\t: Atlantic Avenue #2B, Delray Beach, FL 33444
Tel (561) 33~262J Fax (561) 330-2670
~>2'd
T22L~b2T9S : 01
0L920~~T9S
~NI ~3H~1~H:wOJ~ 8T:LT 9002-02-~3a
(
\.
Attachment "e"
Builders, lL
Construction Servi es
Phone 561-445-8595 * Fax 561-218-0660 * joemosca@hotmail.com
December21, 2006
Lula Butler,
This letter is my official notice to contest the de ision made today regarding
project case # 2007-12.
The CRA and C.D. are collaborating partners 0
project. J.Mosca Builders physically delivered
office of the eRA at 2:40 PM on 12/19/2006.
the hands Jean before the required deadline.
In fact the sealed envelope was in the hands of teve Lee before the 3PM
deadline.
Therefore, J.Mosca Builders is the low bidder d winning contractor for
this project.
Please call me at your earlier convenience to dis uss the next step.
the above mentioned
e sealed bid package to the
. s puts the bid package in
(~~~y,-
~~~s
--_._-~.._.~..~._.<<...~,
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2007-12
APPLICANT: 133 NW 5th Avenue
PROJECT ADDRESS: 133 NW 5th Avenue
DATE OF BID LmERS: 11/20/06
DATE OF BID OPENING: 12/19/06
GENERAL CONTRACTORS BID AMOUNT
Cordoba Construction Co., Inc,
Hatcher Construction & Development, Inc,
Haywood Construction
JMosca Builders, LLC.
Joines Construction and Development, LLC.
M.B. Brown Construction
M & A Builders, LLC
Randolph & Dewdney
Ray Graeve & Sons Construction, LLC
Real Property Enterprises
South Florida Construction Services,lnc.
Van Ness & Callaway Construction, Inc.
Sun Band Builders Construction, Inc.
$519,138.00
$476,914.00
$537,021.00
In-House Estimate
Estimated General Contractor's Profit of 20%
$378,800.25
$75,760.05
$454,560.30
CONTRACTOR AWARDED CONTRACT:
Hatcher Construction & Development, Inc.
BID/CONTRACT AMOUNT:
$519,138.00
FUNDING SOURCE:
Hurricane Housing Recovery Program (HHRP)
Account # 1118-1932-554-49.19
COMMENTS: Lowest responsive bidder within 10% was awarded contract.
S:renpgrm/biddocs/bidi nfosheet
Note to file
Call contractors and inform them of bid extension from 12/04/06 to 12/19/06 at 3:00 P.M.
Contractor Name
Contractor informed
Randolph & Dewdney
J.Mosca
561-276-2889
561-445-8595
561-330-2621
561-251-2865
Hatcher Construction
API
November 28,2006
. ,
. Co.mmunitt Development Di, 'on
, 100 NW 1 st Avenue, Delray Beach, I<L 33444
Phone: 561-243-7280 Fax: 561-243-72') 1
cdbg@mydelraybeach.com
Attachment "0"
RESPEC
Work Write-up
Case Number: 2007 -12
Property Information:
133 NW 5th Ave
Delray Beach FL 33444-
BID OPENING DATE
BID TOTAL $:
Name:
CONTRACTOR INFORMATION
J.!l/O/)CCL & //c!e/5
%~ 02 ~r /1 r.2Y' (J~,
Br"Jca :X/Q7}) Fi S"6cr7-6
-
6-r;/- f/rS=f?-575
\.~ 6(-';; (0 --()6D ()
J ~ -e h7" <> Ka,a--:::~d~E'cO-
Date: I ~"O 6'"
Address:
Owner:
eRA
20 N Swinton Ave
Delray Beach FL 33444-
Phone~ (561 )276-8640
Mobile: (561 )573-1507
Voice:
Fax:
Contractor Signature:
~~email:
t7
By the above signature bidder hereby declares that he/she has carefully, and to there full satisfaction examined the
attached instructions to Bidders, General Conditions, General Specifications, Detailed Specifications, and form of Contract
and Bond, together with the accompanying work write-ups; and that the Bidder has made a full examination of the existing
conditions at the location of the proposed work and hereby agrees to furnish, unless otherwise provided, all implements,
machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary to prosecution and
completion of the work, and that he/she will fully complete all necessary work and the requirements of the Community
Development Division together with the City of Delray Beach within the time limit specified in this proposal for the above
sum.
Within the following time frame:
We will start the job withirBc? days of notice to proceed and complete within /&2 calendar days thereafter.
The bidder understands that the right is reserved by the property owner and the City of Delray Beach, Community
Development Division to reject any and all bids.
.ed on: 11/16/20064:44:29 PM
Page# 1 of 6
RESPEC Con~factor Bid
Casef+ 2007 -12
Page# 2 of 6
rinted on: 11/16/20064:44:29 PM
Exterior I Main Structure I Apartment I Windows
1 0060030001 68 NO 0 $ $ -3 ?;l~ 0 0
Install Impact Windows
Install new correspondingly size single hung Hurricane Impact window in place of all existing windows. All bedroom
windows to have one (1) egress sized Casement window. Bathroom windows shall have obscured glass. All interior and
exterior wall repair to be included. Caulk as necessary.
Note: Casement Windows will not be installed on the front of Building Faceing the street
Side Walls
2 0040010004 1 0 $ ~GJ.OO
Enclose Side Doorwav in Office
Remove existing side door way in the Office Unit and enclose to be a solid wall to meet code, and finish to match
exterior stucco pattern.
Total for: Roof
$
,,'3 9,;';x? ~ (/ (j
Total for: Exterior $
RESPEC CL/litractor Bid
,..-I
Casp# 2007 -12
Page# 3 of 6
':>rinted on: 11/16/20064:44:29 PM
Interior I Main Structure I Interior I Interior
1 General
3 0020010002 30 ea 0
Core Drill 8" holes for AlC Duct
Core drill holes where needed to fit ale vents where needed.
$ ~~c)CJ- O'l>
$ ~ hl<70. 0 ()
4 0020010001 10 NO 0
Cut Out Door Way
Cut out and remove (10) door ways where marked and remove spoils off site.
$ ~toO(}. 00
5 0010030001 1~ LF / - ,." 0
Install Base and Wall Cabinets and Countertop
Provide and install All Wood "Craft Maid" (Oak ),"ThomasvilIe", "American Woodcraft" or approved equal base and
wall cabinetry. Install formica or Wilsonart laminated countertops, securely attached to cabinets. AIl work to be level,
plumb, and true. Seal all holes and openings where pipes, wires and other materials may come through cabinets with
removable material such as "Thumb Gum" to keep out any rodents. Also attach cabinets to waIls. Caulk all seams
where countertop meets walls.
6 0010090023
Install By- Pass Doors
Provide and install flushsliding by-pass doors, complete with mounting hardware and brackets. Align doors to operate
smoothly within frame. Finish all sides to owners preference.
10 NO
$ rl.jOoO. 00
o
7 0010090001
Install Interior Door
Provide and install prefinished flush luan mahogany 1-3/8" hoIlow core six panel door complete with privacy lockset and
doorstop. Include any repair to waIls to bring to original condition.
25 NO
$ '-5jrJOO" 0 0 .
o
8 0130050015
Install Medicine Cabinet
Remove old cabinet and replace with new unit with mirror. Cabinet shaIl be recessed with overaIl size 16" x 22" in
bathroom
9 0010090002 14 NO 0 $ 9;-~~CiOlj ---"
Install Prehuna Exterior Door ______________-
Remove and replace front, side and rear entrance doors. Provide and instaIl factory hung 1-3/4" raised panel/metal
clad/foam core door complete with keyed lockset and trim both sides, dead bolt, vinyl bubble weatherstripping, and
aluminum threshold. Front door windows light shaIl be less than 10% of door surface. Rear door to be Miami slider.
Make all necessary waIl repairs and finish system to owner's preference. Install peephole in door.
10 NO
$ /jo80, 00
o
10 0010010016
Install Stud Wall
Build (3) stud wall from floor to ceiling with construction grade 2"x 4" 16" OC using top and bottom plates.Where
directed and close up kitchen expansion at hall way. Standard 3 stud corners shall be used and all openings shall be
headed with framing material on edge. Cover both sides with 1/2" drywaIl and finish with 3 coat process.
$ ~ fJoO. (lO
76 LF
$
0()~O, 00
o
11 0010010007
Install Towel Bars
Provide and instaIl towel bars in all bath rooms on wall opposite side of toilet.
10 ea
o
/ 3)~60. 00
./
12 $ 6~ 0 $
Install Window Coverinas
Install faux wood horizontal blinds coverings on all window openings excluding bathroom windows.
2 Plumbing
, .
13 0120040001 10 EA
Install AlC Svstem&Plentum
Install central NC and Heating system with air handler inside closet and compressor on roof. Install plentum and add
vents to all rooms Submit manufacturer's cut sheet for proposed equipment to program at least 5 working days prior to
installation. Approximate cooling area .ffiOO- SF. J Lj '/:::>73 _--:
14 0130040001 10 NO 0
Install Faucets
Install new washer less single lever faucets to code include new anti-scald shower heads. This includes all plumbing
needed to ensure proper function. CRA has input on style.
15 0130040011 9 NO 0 $ t ~.30. 60
Install Kitchen Sink
Install new stainless steel double bowl sink with faucet assembly, trap, shut off valve, basket, and caulk seal at
countertop.in all units except office.
o
Page# 4 of 6
rioted 00: 11/16/20064:44:29 PM
$ ~~ 900. dd
RESPEC Contractor Bid
. '
Caseto'
2007.12
$ ~JftJO. 0 c)
16 0130060001 10 NO
Install Tankless Hot Water Heater
Remove and dispose of old water heater and install tankless water heaters in a)) units this includes all plumbing and
wiring necessary to complete the change out.
17 0130010001 45 LF 0 $ o?, 1(70. () 0
Install Water Lines
Install and secure copper water lines and shut off valves for two washers in office unit. Locations to be where kitchen
was formerly located (see drawing).
18 0130040020 10 NO 0 $ 6'J':S9/J.CJO
ReDlace Shower Pan /4 n.>~ ? "
Tear out tile floor and walls and old pan, supply and insta)) new drain assembly. Replace existing pan with vinyl or
rubber pan and mud in to recieve tile.
o
$ I /)00-0 00
"
19 0130040024
ReDlace Toilet
Remove and dispose of old toilet; Install new toilet to code as per Performance Manual guidelines.(Manfield,
Artisian,Kohler or approved equal)
10 NO
o
$
3/~OO, 00
20 0130040008
ReDlace Vanity w/Sink
Remove old vanity w/sink and replace with new wood vanity to code. Insta)) new vanity w/sink to code complete.
(CRA is to have a choice in style and color) Include trap, faucets, shut off valve, pop-up drain and all necessary
plumbing, caulk, etc.
10 NO
o
$
3,6020. va
....
3 Electrical
21 0110040004 22 NO 0
Install Ceiling Fan
Install ceiling mounted fan with light kit in a)) bedrooms, and living rooms.
$ ..5Ja2 ~ =# c:J 6
22 0110040004
Install Exhaust Fan
Install ceiling mounted exhaust fan, Nutone or approved equal. Duct fan to exterior.
10 NO
o
$ S?J~ ~~6
lJyf[
23 0110040001 28 EA
Install Interior Light Fixture
Install new interior light fixture,in a)) kitchens and bath rooms. Kitchen is to recieve 2 bulb fixtures and bath room
is to recieve 4 bulb light bar. Living room in I bed rooms is to recieve extra light fixture.
..', ;'
o
Fan shall move 80 cfm.
$ <;l/!?.fJ~ #~6
.RESPEC. Contractor Bid
. .'
Case:l-' 2007.12
Page# 5 of 6
rinted on: 11/16/20064:44:29 PM
, ,
24 0110030008 10 PER F 0 $ <;'OP' ~ ~C
Rewire All Apartments
Remove and dispose of all illegal and defective wiring and boxes. Replace with new wiring, switches, outlets and boxes
to code.
Laundry room to recieve (2) dryer outlets "see drawing".
25 0110040011 42 EA 0 $ -~P.R ~;;;;;, ~ C
Smoke Detectors
Insall ceiling monuted direct wire smoke detectors. Units to have push test button 120v, 60hz photo electric alann.
Location in each bedroom and hallway and kitchen. All units are to connected to same circuit.
$
/ / O}OOtJ. tJ 0
,
26 0110~10006 10 Each. /f:'Jf; ~ n";,(9~- s;,' /<:,
Uparade ElectriC to (150) Amp Service t.JcvJ (lIi-Ct' S.c../[-:::;J
Disconnect existing service. Install new (150) amp 3 wire service complete with breaker type panel box with all circuits
labeled and balanced. Square D, Cutler-Hammer, Westinghouse or equal. Upgrade to meet NEC.
4 Appliances
27
Electric Ranae 30"
Properly dispose of old stove. Provide and install a new Whirlpool Model #RAFFIA range or approved equal. Include
range hood matching range quality. Make new all electric conne~tions and ducking. Provide owner with all warranties
and guarantees. '
28 0120010001 4 NO 0 $ \. ~ 0/ C2. tJ 0
Install Commerical Washers and Drvres
Install two "2" new commerical washer's and two "2" dryers in office "see drawing" this includes proper venting and
hook up of all parts associated with operation ofwasher/dryer.This includes Pedistals for all Units.
9 ea
o
$
~ 6';<5.00
Washers to be LG front load washing machine (mod. # WM2277HW)
Dryers to be LG electric front loading dryers (mod. # DLE5977W)
29 9
Refriaerator-18cf Frost Free
Properly dispose of old refrigerator. Provide and install a Frigidaire Model #FRIMRT18NRE refrigerator or equal. Install
to a level position with duplex receptacle no more than one (1) foot from unit. Provide owner with all warranties and
guarantees. /?c21 r
Ceilingl Walls 9- <?'Z
30 0090020001 .9?88 -SF $ 3 ~ 6" Of). 0
l'i?'. <;?tJdS"c -' -~ /l u: }
Applv Knock Down Thru out J / 2' 70.h '1"J/'u-,,-,c-
Apply knock down finish thru out all areas of interior spaces in all units
31 0060010005 9?9Uhf. 0 E:x1;?-UOt/ls- '75J59'f.f- $ /3)? o/~I 00
. . /3.ol!cJSj="" C0ilu'l!-s.s02c?,f'r "
Flberal,ass Insulation R-j 1 ~~ 1) , j 30L./s~ If/u,~,1 .
Insulation shall be installed ~h vapor barrier facing conditioned area; insulation shaJI completely fill area between
joists or studs and shall be secured with appropriate mechanical fasteners. Material shall meet ASTM C665-86 or as
subsequently amended.
o
$
~ / J...j (J. () 0
32
970f) SF- . r O,.J 3;;; ~. cv'" /i",,,, /'7'
/ g, 'B'005r 0'6 d. Sf
Install Drywall Thru out Buildinas J IITcJsy /T~
Provide and install 1/2" gypsum board with 1" furring strips. Finish with three coat process. Tape all joints and use
outside comer bead on all comers.
0090010001
$ ~5;4/I{1 00
33 0100010018 '9700 SF I ~ 800.5F 0
Prepare Walls and Paint Room Complete
$ ()~ \.SoO. 00
RESPEC Contractor Bid
Page# 6 of 6
Tinted on: 11/16/20064:44:29 PM
,
Prepare and patch walls, ceiling, windows, doors and all trim for painting. (1) coat of primer 123 or equal and (2) coats
of Sherman Williams Interior Simi Gloss. Color to be selected by CRA. entire room to a unifonn consistency with a
minimum of two coats of paint in accordance with manufacturer's recommendations. Completed walls to be smooth and
free of defects.
Case:f'
2007 -12
. I -.
$
~'3/6. 00
34 0090040003 . 30C~F _~ s::; tl-+, 0
Replace Ceramic Shower Tiles (60s, If;
Remove all ceramic tile and repair surface underneath smooth; install new 4" x 4" ceramic tile to a height of (7) feet set
in light colored mastic and grouted, include bullnose and 6" x 6" cove base trim. Style and color to be chosen by CRA.
Floor
35 0030010005 17':56 LF
Install Wood Base Trim /f(;3oJ..F "-
Install prefinished 2 1/4" wood base trim where floor meets wall, color to match existing or per owners input.
$ (~~ ~6,;( ~O()
o
$ 6;03>900
36 0030010013
Install Ceramic Tile
Provide and install standard brand floor quality 18" ceramic tile as per manufacturer's recommendations. Include 6" x
6" cove base trim.
,7760 GF
~~OS,/:
o
Total for: Interior
$ ,3, 9;J2? R: o{)
4'J ~ 63 b. (}tJ
./f/}6) 911(tJo-
Tot~1 for: Interior $
Job Total Cost: $
Jt;:t;: u of (J~
I.~~
01. //~~~
"
TO ALL BIDDERS
Due to time restraints, the Purchasing Division is unable to respond by phone to all inquiries and
results of bids. Therefore, if you are interested in receiving a copy of the SPREAD SHEET with
results of the bid, please enclose a stamped, self-addressed envelope with your bid.
BID AWARD: The awarded vendor will be notified by phone and in writing. Results are based
on the recommendation of the user department, City Manager, and/or City Council.
STATEMENT OF NO BID: If you are NOT interested in submitting a quotation for this
Invitation to Bid, and wish to remain on the City of Delray Beach bid list, YOU MUST return this
page to the Purchasing Division Office/Community Development Division. 100 Northwest 1st
Avenue. Delray Beach. Florida 33444.
Please complete the following:
Specifications too "tight", i.e., geared to one brand
or mfg. (explain below)
Insufficient time to respond to Invitation to Bid.
We do not offer this product or an equivalent.
Unable to meet specifications.
Unable to meet BOND requirement.
Specifications unclear. (explain below)
Other (please Specify)
COMMENTS:
COMPANY NAME:
ADDRESS:
ZIP
PHONE: ( )
CONTACT PERSON:
Please Print
SIGNED
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of Florida} County of Palm Beach} ss.
{JOSf' /)~ tI ///()s 04' , being first duly sworn, deposes and says that:
,
(1) He is ~s-e~)'1I $oSC4 of \7: ~5Gct ~/ )~A5the Bidder that has
submitted the attach~d Bid:
(2) He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a
collusive or sham Bid in connection with the Contract for which the attached Bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with
any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other
Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any
other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement
any advantage against the City of Delray Beach or any person interested in the proposed
Contract; and
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its
agents, repr tatives, owners, employees, or parties in interest, including this affiant.
\.
STATE OF FLORIDA COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me, J.<,;Sb'na. G-. ~'2.Q.I\
NOTARY
this~day, of '~ 201;b by :TC6?P" V, iYlo5{J{L ,who
personally/appeared (known) to me or who has produced FbL
#~ .4~:~~'~I.{)as identification and who did (did not) take an oath.
",II ~,
f~v.".4.\.lL- ..~, Kristina E. Buzen
~~.&. i~ Con:'mission# 00503754
'1/1....... Expires January 14,2010
. A kn I d eo..,,, rlllr ~'" '_r
mg c ow e gment .-... 1KlOoH107011
CERTIFICATION OF NON-SEGREGATED FACILITIES
The Bidder certifies that he does not maintain or provide for his employees any segregated
facilities at any of his establishments, and that he does not permit his employees to perform their
services at any location, under his control where segregated facilities are maintained. The bidder
certifies further that he will not maintain or provide for his employees any segregated facilities at
any of his establishments, and that he will not permit his employees to perform their services at
any location under his control where segregated facilities are maintained. The bidder agrees that
a breach of this certification will be a violation of the Equal Opportunity clause in any contract
resulting from acceptance of this bid. As used in the certification, the term "segregated
facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and
other eating areas parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees which are segregated on the basis
or race, color, religion, or national origin, because of habit, local custom, or otherwise. The
bidder agrees that (excepts where he has obtained identical certification from proposed sub-
contractors for specific time periods) he will obtain identical certifications from proposed sub-
contractors prior to the award of sub-contracts exceeding $10,000 which are not exempt from the
provisions of the Equal Opportunity clause, and that he will retain such certifications in his files.
NOTE: The penalty for making false statements in offers is prescribed in 18 V.S.C. 1001.
DATE: t)L'~ If;
,2006
Official Address:
96C~ Jatle'/IJ/e/'LIP
I "
BY: c];;s.ejJi~~
J/l1a~a&~/'Mr-<) /}e5~;1j
~ /) -L ' (Title)
<C;r/cc;? ra,/ t)J; (zip code)'~~f./'
DRUG FREE WORKPLACE CERTIFICATION
If identical tie bids exist, preference will be given to the vendors who submit a certification with their
bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087 Florida
Statutes. The drug-free workplace preference is applied as follows:
IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs.
Whenever two or more bids which are equal with respect to price, quality, and service are received by the
State or contractual services, a bid received from a business that certifies that it has implemented a drug-
free workplace program shall be given preference in the award process. Established procedures for
processing tie bids will be followed ifnone of the tied vendors have a drug-free workplace program.
As the person authorized to sign this statement, I certify that this firm complies fully with the following
requirements:
1. This firm published a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. This firm informs employees about the danger of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. This firm gives each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), this firm notifies the employees that, as a condition
of work on the commodities or contractual services that are under bid, the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the
United States or any state, for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. This firm imposes a sanction on or requires the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, by any employee
who is so convicted.
6. This firm will continue to make a good faith effort to maintain a drug-free workplace through
implem tation of this section.
~
OR'S SIGNATURE
c:J;#/osr-A-&IUeAJ
FIRM NAME
CITY OF DELRA Y BEACH
COMMUNITY DEVELOPMENT DIVISION
BID POLICY STATEMENT
1. Bidders must be qualified, prior to the Invitation to Bid being sent out. Any
contractor qualified after the Invitations are sent will be included in the next
Invitation and Bid Lettering.
2. No contractor shall be awarded or have under construction more than three (3)
jobs at anyone time. Should a contractor be low bidder on more than three (3)
bids, he/she will be given the choice of which three (3) jobs he/she wants and the
remainder will be awarded to the next low bidder.
3. All bids received shall fall within a 10% range of our in-house bid. Community
Development Division reserves the right to award apy bid not within the 10%
range to the next lowest bidder within the 10% range, after consultation with the
low bidder.
4. Should there be any large difference between any line item on the in-house bid and
the contractor's estimate, the contractor and Community Development Representative
shall meet and make necessary adjustments to insure equitable payments.
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
N
A
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me, h:.bntl {; &2111
(Notary)
this~day, of '/)O(!.O%\L6D.r , 20.dsz. by :r~fh V. (Ylq)(1lL ,who
personally/appeared (known) to me or who has produced ffiL
#~ . ~ 'lj<J Ol1t1:Jls identification and who did (did not) take an oath.
Y~itufL .f rf1,,~ ()~ )
Signature of Person T-;k6'& Acknowledgment
I'Y;S-hna. E.nu2VI
Name Typed, Printed or Stamped (Notary)
SEAL
"'..~
::~~~l..~ Kristina E Bu
~\ . J~ Commi' . zen
~~""'fI' EXPires'1lOn # 00503754
If.m ......,wtto'~..., anusI}' 14.2010
'IIi<H1nc."n< lKiOo@05-1Qlll
E
r
~
~
DElRAY BEACH
I . n R I f) ....
tI.e.d
All-America City
" HI!
1993
2001 November 20,2006
NOTICE TO CONTRACTORS
Bid No. 2007-12
Sealed bids will be received by the City of Delray Beach, Community Development Division, as
agent, up to and opened on Monday December 4, 2006, at 3:00 P.M. at the Community
Development Office, 100 Northwest 1 st A venue (in the North Wing), Delray Beach, Florida 33444,
for the rehabilitation and repair of the following property:
133 NW 5th A venue
Contact Person
Steve Lee
573-1507
Plans and specifications may be obtained by bona fide bidders, upon applications at the above
office. A 5% bid bond or cashier's check or company check must accompany each Bid Proposal
along with completed Cost Estimate Summary Sheet and the Non-collusion Affidavit of Prime
Bidder.
A STATEMENT OF NO BID is required if you are not interested in submitting a quotation for
the Invitation to Bid, and wish to remain on the City of Delray Beach bid list, you MUST return the
15t page of your bid packet titled "TO ALL BIDDERS" by the bid opening date referenced above. A
list of valid reasons is provided from which you may choose for not participating.
PLEASE INDICATE THE FOLLOWING INFORMA nON ON OUTSIDE OF SEALED ENVELOPE
WHEN SUBMITTING YOUR PROPOSAL:
1. Your Company Name
2. Bid Number
3. Opening Date
(j J /:.... I!JJ, ~"),-r
C.L,t1,-y{L' j'{...::t7~ ; ',~'?,(.'1
Elizabetli B. Alpert
Community Development Administrator
. \.....ommunuy Uevelooment Di~( on
100 NW 1,8t Aven.ue, DeIray Beach, fL 33444
Phone: 561-243-7280 Fax: 561-243-7221
cdbg@mydelraybeach.com
(
RESPEC
Work Write-up
Case Number:
Property Information:
133 NW 5th Ave
Defray Beach FL 33444-
2007-12 ~
~ ~
BID TOTAL $: 'I~ft b3K'.J2;F ,sf?, 13e: t:.>>
BID OPENING DATE 12/04/2006
CONTRACTOR INFORMATION
Owner:
eRA
20 N Swinton Ave
Defray Beach FL 33444-
Phone: (561 )276-8640
Mobile: (561 )573-1507 .
Name: tI~~~ C"~S+,.. f' D1=J/~ 1J'J~.
Address: f 00 c,.J. AfIAn It- c 4 V.IE zB
:Dg/rA-l BMt:d,,. -FL- 33'Hf
Contractor Signature:
CAJ/'-? #~ -
Voice: &;, - ~lfl- J'fOD Cell
Fax: ~/- c3.3D. d' Z{
email: f/4Ic4~/L (i) fidei f' I.; a...- i II e.+-
Date: ./.:2./1)5"/" '"'
By the above signature bidder hereby declares that he/she has carefully, and to there full satisfaction examined the
attached instructions to Bidders, General Conditions, General Specifications, Detailed Specifications, and form of Contract
and Bond, together with the accompanying work write-ups; and that the Bidder has made a full examination of the existing
conditions at the location of the proposed work and hereby agrees to furnish, unless otherwise provided, all implements,
machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary to prosecution and
completion of the work, and that he/she will fully complete all necessary work and the requirements of the Community
Development Division together with the City of Delray Beach within the time limit specified in this proposal for the above
sum.
Within the following time frame:
We will start the job within ~ days of notice to proceed and complete within 12.0 calendar days thereafter.
The bidder understands that the right is reserved by the property owner and the City of De/ray Beach, Community
Development Division to reject any and all bids.
Printed on: 11/16/20064:44:29 PM
Paae# 1 of 6
(
CERTIFICATION OF NON-SEGREGATED FACILITIES
The Bidder certifies that he does not maintain or provide for his employees any segregated
facilities at any of his establishments, and that he does not permit his employees to perform their
services at any location, under his control where segregated facilities are maintained. The bidder
certifies further that he will not maintain or provide for his employees any segregated facilities at
any of his establishments, and that he will not permit his employees to perform their services at
any location under his control where segregated facilities are maintained. The bidder agrees that
a breach of this certification will be a violation of the Equal Opportunity clause in any contract
resulting from acceptance of this bid. As used in the certification, the term "segregated
facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and
other eating areas parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees which are segregated on the basis,
or race, color, religion, or national origin, because of habit, local custom, or otherwise. The
bidder agrees that (excepts where he has obtained identical certification from proposed sub-
contractors for specific time periods) he will obtain identical certifications from proposed sub-
contractors prior to the award of sub-contracts exceeding $10,000 which are not exempt from the
provisions of the Equal Opportunity clause, and that he will retain such certifications in his files.
NOTE: The penalty for making false statements in offers is prescribed in 18 V.S.C. 1001.
DATE: l;;t \ O~
,20~
Official Address:
-Yoo W~ M\~I:. ~yt.., "b~rA..t ~ BY:
\
t-\~~ toto{ ~<".
W'tll \ Cl."" \\~~a.~ ~\e~~ c!.~~
(Title)
'P~\nx"'\ ~~\ (zip code):3~l\-~
\
.---....-
DRUG FREE WORKPLACE CERTIFICATION
If identical tie bids exist, preference will be given to the vendors who submit a certification with their
bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087 Florida
Statutes. The drug-free workplace preference is applied as follows:
IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs.
Whenever two or more bids which are equal with respect to price, quality, and service are received by the
State or contractual services, a bid received from a business that certifies that it has implemented a drug-
free workplace program shall be given preference in the award process. Established procedures for
processing tie bids will be followed ifnone of the tied vendors have a drug-free workplace program.
As the person authorized to sign this statement, I certify that this firm complies fully with the following
requirements:
I. This firm published a statement notifying employees that the unlawful, manufacture, distribution,
dispensing, possession or use of a controIled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. This firm informs employees about the danger of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. This firm gives each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), this firm notifies the employees that, as a condition
of work on the commodities or contractual services that are under bid, the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the
United States or any state, for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. This firm imposes a sanction on or requires the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, by any employee
who is so convicted.
6. This firm will continue to make a good faith effort to maintain a drug-free workplace through
implementation of this section.
_( 1""')~' ~
VENDOR'S SIGNATURE
U-~6tL c..~~~~~
FIRM: NAME
/
(
CITY OF DELRA Y BEACH
COMMUNITY DEVELOPMENT DIVISION
BID POLICY STATEMENT
I. Bidders must be qualified, prior to the Invitation to Bid being sent out. Any
contractor qualified after the Invitations are sent will be included in the next
Invitation and Bid Lettering.
2. No contractor shall be awarded or have under construction more than three (3)
jobs at anyone time. Should a contractor be low bidder on more than three (3)
bids, he/she will be given the choice of which three (3) jobs he/she wants and the
remainder will be awarded to the next low bidder.
3. All bids received shall fall within a 10% range of our in-house bid. Community
Development Division reserves the right to award any bid not within the 10%
range to the next lowest bidder within the 10% range, after consultation with the
low bidder.
4. Should there be any large difference between any line item on the in-house bid and
the conqactor's estimate, the contractor and Community Development Representative
shall meet and make necessary adjustments to insure equitable payments.
KI:.::::Wl:.li l;ontractor Bid
Cas~
2007 -12
I ")age# 2 of 6
rinted on: 11/16/20064:44:29 PM
Exterior I Main Structure I Apartment I Windows
1 0060030001 68 NO 0 $ 5~ 70D
Install Impact Windows
Install new correspondingly size single hung Hurricane hnpact window in place of all existing windows. All bedroom
windows to have one (1) egress sized Casement window. Bathroom windows shall have obscured glass. All interior and
exterior wall repair to be included. Caulk as necessary.
Note: Casement Windows will not be installed on the front of Building Faceing the street
Side Walls
2 0040010004 1
Enclose Side Doorwav in Office
Remove existing side door way in the Office Unit and enclose to be a solid wall to meet code, and finish to match
exterior stucco pattern.
o
$ "S' _ Z"lro
{
Total for: Roof $
Total for: Exterior $
~/, ~l?o. mCD
/
RESPEC Contractor Bid
Cas(
2007-12
f
\. Page# 3 of 6
~rinted on: 11/16/20064:44:29 PM
Interior I Main Structure I Interior I Interior
1 General
3 0020010002 30 ea 0
Core Drill 8" holes for AlC Duct
Core drill holes where needed to fit alc vents where needed.
$ .~ oS t=lO
4 0020010001 10 NO 0
. Cut Out Door Way
Cut out and remove (10) door ways where marked and remove spoils off site.
5 0010030001 120 LF 0 $ 3G. 300
.
Install Base and Wall Cabinets and Countertop
Provide and install All Wood "Craft Maid" (Oak ),"Thomasville", "American Woodcraft" or approved equal base and
wal1 cabinetry. Install formica or Wilsonart laminated countertops, securely attached to cabinets. All work to be level,
plumb, and true. Seal all holes and openings where pipes, wires and other materials may come through cabinets with
removable material such as "Thumb Gum" to keep out any rodents. Also attach cabinets to walls. Caulk all seams
where countertop meets walls.
$ l c. DoC'-)
.
6 . 0010090023 10 NO 0 $ .sf I cr 0
Install By- Pass Doors
Provide and install flushsliding by-pass doors, complete with mounting hardware and brackets. Align doors to operate
smoothly within frame. Finish all sides to owners preference.
7 0010090001
Install Interior Door
Provide and install prefinished flush luan mahogany 1-3/8" hollow core six panel door complete with privacy Jockset and
doorstop. Include any repair to walls to bring to original condition.
25 NO
o
$
<6': ~ ~o
f
8 0130050015
Install Medicine Cabinet
Remove old cabinet and replace with new unit with mirror. Cabinet shall be recessed with overall size 16" x 22" in
. bathroom
9 0010090002 14 NO 0 $ l2r qoo
Install Prehunq Exterior Door
Remove and replace front, side and rear entrance doors. Provide and install factory hung 1-3/4" raised panel/metal
clad/foam core door complete with keyed lockset and trim both sides, dead bolt, vinyl bubble weatherstripping, and
aluminum threshold. Front door windows light shall be less than 10% of door surface. Rear door to be Miami slider.
Make all necessary wall repairs and finish system to owner's preference. Install peephole in door,
10 NO
o
$ lJ S 00
10 0010010016 76 LF 0 $ ~ 200
Install Stud Wall
Build (3) stud wall from floor to ceiling with construction grade 2"x 4"16" OC using top and bottom plates.Where
directed and close up kitchen expansion at hall way. Standard 3 stud comers shall be used and all openings shall be
headed with framing material on edge. Cover both sides with II2" drywall and finish with 3 coat process.
$
" ~5 0
11 0010010007 10 ea 0
Install Towel Bars
Provide and install towel bars in all bath rooms on wall opposite side of toilet.
12 58 0 $ I~ 02-8'
Install Window Coverinqs
Install faux wood horizontal blinds coverings on all window openings excluding bathroom windows,
2 Plumbing
RESPEC Contractor Bid
Case'
2007-12
")age# 4 of 6
rinted on: 11/16/2006 4:44:29 PM
13 0120040001 10 EA
Install AlC Svstem&Plentum
Install central NC and Heating system with air handler inside closet and compressor on roof. Install plentum and add
vents to all rooms Submit manufacturer's cut sheet for proposed equipment to program at least 5 working days prior to
installation. Approximate cooling area 1000 SF.
o
$ S~ ..son. ~,
14 0130040001
Install Faucets
Install new washerless single lever faucets to code include new anti-scald shower heads. This includes all plumbing
needed to ensure proper function. CRA has input on style.
15 0130040011 9 NO 0 $ G1 'IfD
Install Kitchen Sink
Install new stainless steel double bowl sink with faucet assembly, trap, shut offvalve, basket, and caulk seal at
countertop.in all units except office.
16 0130060001 10 NO 0 $ I? ~o D
Install Tankless Hot Water Heater
Remove and dispose of old water heater and install tankIess water heaters in all units this includes all plumbing and
wiring necessary to complete the change out.
17 0130010001 45 LF 0 $ ~/oo
Install Water Lines
Install and secure copper water lines and shut off valves for two washers in office unit. Locations to be where kitchen
was formerly located (see drawing).
18 0130040020 10 NO 0 $ 1 Stoo
Replace Shower Pan
Tear out tile floor and walls and old pan, supply and install new drain assembly. Replace existing pan with vinyl or
rubber pan and mud in to recieve tile.
19 0130040024 10 NO 0 $ 101' .3FS
Replace Toilet
Remove and dispose of old toilet; Install new toilet to code as per Performance Manual guidelines.(Manfield,
Artisian,Kohler or approved equal)
10 NO
o
$ (>'~
s. 000.
,
20 0130040008 10 NO 0 $ X; 8' ~ 5, cr.l
Replace Vanity w/Sink
Remove old vanity w/sink and replace with new wood vanity to code. Install new vanity w/sink to code complete.
(CRA is to have a choice in style and color) Include trap, faucets, shut off valve, pop-up drain and all necessary
plumbing, caulk, etc.
3 Electrical
21 0110040004 22 NO 0
Install Ceilina Fan
Install ceiling mounted fan with light kit in all bedrooms, and living rooms.
22 0110040004 10 NO 0
Install Exhaust Fan
Install ceiling mounted exhaust fan, Nutone or approved equal. Duct fan to exterior.
$
cO
~ ..:ts"o.
$ :1 900
,
Fan shall move 80 cfm.
23 0110040001 28 EA
Install Interior Liaht Fixture
Install new interior light fixture, in all kitchens and bath rooms. Kitchen is to recieve 2 bulb fixtures and bath room
is to recieve 4 bulb light bar. Living room in I bed rooms is to recieve extra light fixture.
o
$
"fSoo
RESPEC Contractor Bid
Casef2007 -12
I
I age# 5 of 6
rinted on: 11/16/20064:44:29 PM
24 0110030008 10 PER F 0 $ 17c. 'fcx,J.0'3
Rewire All Apartments
Remove and dispose of all illegal and defective wiring and boxes. Replace with new wiring, switches, outlets and boxes
to code.
Laundry room to recieve (2) dryer outlets "see drawing".
42EA
o
$ ~ 7 ct~
. oQO,
25 0110040011
Smoke Detectors
Insall ceiling monuted direct wire smoke detectors. Units to have push test button 120v, 60hz photo electric alarm.
Location in each bedroom and hallway and kitchen. All units are to connected to same circuit.
o
$
LfS 060;
E
26 0110010006 10 Each
Uparade Electric to (150) Amp Service
Disconnect existing service. Install new (150) amp 3 wire service complete with breaker type panel box with all circuits
labeled and balanced. Square D, Cutler-Hammer, Westinghouse or equal. Upgrade to meet NEC.
4 Appliances
27
Electric Ranoe 30"
Properly dispose of old stove. Provide and install a new Whirlpool Model #RAFFIA range or approved equal. Include
range hood matching range quality. Make new all electric connections and ducking. Provide owner with all warranties
and guarantees.
gea
o
$
s::- 700
.
28 0120010001 4 NO
Install Commerical Washers and Drvres
Install two "2" new commerical washer's and two "2" dryers in office "see drawing" this includes proper venting and
hook up of all parts associated with operation of washer/dryer. This includes Pedistals for all Units.
o
$
~,. <::>00
;
Washers to be LG front load washing machine (mod. # WM2277HW)
Dryers to be LG electric front loading dryers (mod. # DLE5977W)
o
$
~ ?oo. c~
29 9
Refriaerator-18cf Frost Free
Properly dispose of old refrigerator. Provide and install a Frigidaire Model #FRIMRT18NRE refrigerator or equal. Install
to a level position with duplex receptacle no more than one (1) foot from unit. Provide owner with all warranties and
guarantees.
Ceilingl Wall$
30 0090020001 9700 SF 0
Applv Knock Down Thru out
Apply knock down finish thru out all areas of interior spaces in all units
$ ? 100
31 0060010005 9700 S.F.
Fiberalass Insulation R-11 Batt
Insulation shall be installed with vapor barrier facing conditioned area; insulation shall completely fill area between
joists or studs and shall be secured with appropriate mechanical fasteners. Material shall meet ASTM C665-86 or as
subsequently amended.
o
$
/~ 30.0
.
32 0090010001 9700 SF
Install Drvwall Thru out Buildinas
Provide and install 112" gypsum board with 1" furring strips. Finish with three coat process. Tape all joints and use
outside corner bead on all comers.
o
$
So. 000
,
33 0100010018 9700 SF
Preoare Walls and Paint Room Comolete
o
$
/6, DoC:>
.
., RESPEC Contractor Bid
,-
( 'age# 6 of 6
rinted on: 11/16/20064:44:29 PM
Prepare and patch walls, ceiling, windows, doors and all trim for painting. (1) coat of primer 123 or equal and (2) coats
of Sherman Williams Interior Simi Gloss. Color to be selected by CRA. entire room to a uniform consistency with a
minimum of two coats of paint in accordance with manufacturer's recommendations. Completed walls to be smooth and
free of defects.
Casd. 2007 -12
34 0090040003 306 SF
Replace Ceramic Shower Tiles
Remove all ceramic tile and repair surface underneath smooth; install new 4" x 4" ceramic tile to a height of (7) feet set
in light colored mastic and grouted, include bullnose and 6" x 6" cove base trim. Style and color to be chosen by CRA.
o
$
~ooo
.
Floor
35 0030010005 1750 LF 0 $ I" OQl 0
Install Wood Base Trim
Install prefinished 2 1/4" wood base trim where floor meets wall, color to match existing or per owners input.
36 0030010013
Install Ceramic Tile
Provide and install standard brand floor quality 18" ceramic tile as per manufacturer's recommendations. Include 6" x
6" cove base trim.
7750 SF
o
$
3.S.0'00
,
Total for: Interior
$-#S~ J$,Jr...
~~1'd}~
Ii: 00,
/,;/' ~ .
Total for: Interior $
Job Total Cost: $ .!f..'~
TO ALL BIDDERS
Due tq tim restraints, the Purchasing Division is unable to respond by phone to all inquiries and
results ofbi . Therefore, if you are interested in receiving a copy of the SPREAD SHEET with
results ofthe b. , please enclose a stamped, self-addressed envelope with your bid.
BID A WARD: TH awarded vendor will be notified by phone and in writing. Results are based
on the recommenda n of the user department, City Manager, and/or City Council.
STATEMENT OF NO ill: If you are NOT interested in submitting a quotation for this
Invitation to Bid, and wis to remain on the City of Delray Beach bid list, YOU MUST return this
a e to the Purchasin Di .sion Office/Communi Develo ment Division 100 Northwest 1st
A venue Delra Beach Flori 33444.
Please complete the following:
_Specifications too "ti t", i.e., geared to one brand
or mfg. (explain below
_Insufficient time to respo to Invitation to Bid.
_ We do not offer this produc or an equivalent.
_Unable to meet specifications.
_Unable to meet BOND require ent.
_Specifications unclear. (explain low)
_Other (Please Specify)
COMMENTS:
COMPANY NAME:
ADDRESS:
PHONE: ( )
CONTACT PERSON:
Please Print
SIGNED
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of
Florida}
County of Palm Beach} ss.
, being first duly sworn, deposes and says that:
(1) He is ~J.'lf,h~ YA-kht:JL of 1:l~~ CoN'str.f:' 01:::'(, , the Bidder that has
submitted the attached Bid:
(2) He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a
collusive or sham Bid in connection with the Contract for which the attached Bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with
any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other
Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any
other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement
any advantage against the City of Delray Beach or any person interested in the proposed
Contract; and
;'
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful a.greement on the part of the Bidder or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed) (u~. ~
TYe 1S ~ ..\ ~'" \--
(Title)
STATE OF FLORIDA COUNTY OF PALM BEACH \ I
The foregoing instrument was acknowledged before me, KCtf I . r (
this1RdaY, of <lltCem~, 20{M by W\ ll78m '
personally/appeared (known) \/'fo me or who has produced
# as identification and who d' (did not) take an oath.
,who
----.."
~ MARIA P. HIRIART
. i Notary Public. Slale or Florida
" ~iMY ~81lssion Expires Aug 19, 200
',,'ff,r.~..\ Commission tJ DO 348287
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
'\-\~EJ- ~~~~N 'f ~,T-~.
Name of Construction Company
~tv\. .~~ ~'CeS\J.,Q"'~
Authorized Signature and Title
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me, ~ a r I ().. ~ r~ CL ( t---.
~. '" . j' 1$i!m
this~ay,of ljC~ ,2~bY W;) \'Om P(who
personally/appeared (known to me or who has produced
+-
#
r
~"''''''''
t~m~io!!:V ~ '\. MARIAP. HIRIART
i. . * .! Notary Public. Slale of Florida
\~ ~~!MY Commission Expires Aug 19.200
'~,%t:i.,..,' C . i DO 348287
Agenda Item No.:
q.G
AGENDA REQUEST
Request to be placed on:
-----X-Regular Agenda
_ Special Agenda
_ Workshop Agenda
_ Consent Agenda
Date: December 22, 2006
When: January 2, 2007
ORDINANCEIRESOLUTION REQUIRED: YES/NO
Draft attached: YES/NO
ITEM BEFORE THE COMMISSION:
Consider approval of an Agreement between the City and the Community Redevelopment
Agency (CRA) and the most responsive bidder, Hatcher Construction and Development. The
purpose of this project is to create nine (9) affordable rental units as well as one (1)
utility room under the Hurricane Housing Recovery Program (HHRP). $500,000 in
funding for this project will be provided through HHRP, account number 118-1932-554-
49.19 and $19,138 will be provided by the CRA.
This item is also requesting review by the Commission to approve the winning bidder for 133
NW 5th A venue since there were letters from the participating Contractors contesting the
awarding of the bid.
RECOMMENDA TION
Staff recommends approval of the Agreement between the City and the Community
Redevelopment Agency (CRA) and Hatcher Development and Construction in the amount of
$519,138.00 for the rehabilitation of 133 NW 5th Avenue. Funding for this project will be
provided through the Hurricane Housing Recovery Program (HHRP), account number 118-
1932-554-49.19 and by the CRA.
HHRPTotal: $5~0,000.00 ~A~'~-"18-l9J~l9
Department Head SIgnature: ~-~
City Attorney Review/Recomm aation (ifapplic~le):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~O lht
Funding Alternatives: (if applicable)
Account No. & Description: 118- ri32 -ssv. 4f-/~ f..:fuyV)'~
Account Balance: 1500. () 0 0 (fY 6h1 P if )
'/
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
~ot1
f~lYK
')2.... to v~'/
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER!1J/!
AGENDA ITEM #q .lS"- REGULAR MEETING OF JANUARY 2. 2007
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD
TO:
FROM:
DATE:
DECEMBER 29, 2006
The terms for Mr. Glen Schuster, Mr. Leonard Epstien, Mr. David Hawke, Mr. Samuel Resnick
and Mr. Stanley Brodka will expire on January 14, 2007. Mr. Schuster and Mr. Hawke will
have served one (1) full term, are eligible and would like to be considered for reappointment.
Mr. Epstien will have served one (1) full term and would not like to be considered for
reappointment. This creates a vacancy for one (1) regular member to serve a three (3) year term
ending January 14,2010. Mr. Resnick will have served an unexpired term and would not like to
be considered for reappointment. This creates a vacancy for one (1) alternate member to serve a
three (3) year term ending January 14,2010. Mr. Brodka will have served an unexpired term, is
eligible and would like to be considered for reappointment. Mr. Brodka is currently an alternate
member and would like to be a regular member.
All members of the Code Enforcement Board must be residents of the City. Appointments to
both regular and alternate member positions shall be on the basis of experience or interest in the
fields of zoning and building control. The regular and alternate membership of the Board shall,
whenever possible, include an architect, a business person, an engineer, a general contractor, a
subcontractor and a realtor.
The following individuals have submitted applications and would like to be considered for
appointment:
See Exhibit "An attached:
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointments will be made as follows:
See Exhibit "B" attached:
Recommend appointment of three (3) regular members and two (2) alternate members to the
Code Enforcement Board for three (3) year terms ending January 14,2010.
Stanley Brodka
Gerald Franciosa
Matthew Hartley
David Hawke
J ames Houck
Susan Kay
Glenn Schuster
George Thacker
CODE ENFORCEMENT BOARD
EXHIBIT" A"
Insurance Incumbent
Accountant (also applying for the Parking Management
Advisory Board)
IT Specialist (currently serving on the Neighborhood Advisory
Council)
Architect-Principal Incumbent
Property Management (currently serving on the Board of Construction
Appeals)
Case Manager/Consultant (currently serving on the Nuisance Abatement
Board)
Fire Chemical Specialist Incumbent
Accounts Manager (currently serving on the Board of Adjustment)
Expiration Date
January 14, 2010
January 14, 2010
January 14, 2010
January 14, 2010
January 14, 2010
CODE ENFORCEMENT BOARD
EXHIBIT "B"
(3 year term) Regular Member
(3 year term) Regular Member
(3 year term) Regular Member
(3 year term) Alternate Member
(3 year term) Alternate Member
Commissioner/Mayor to appoint
Commissioner Levinson (Seat #3)
Commissioner Montague (Seat #4)
Mayor Perlman (Seat #5)
Commissioner Ellis (Seat #1)
Commissioner Fetzer (Seat #2)
The appointments are scheduled for the regular City Commission meeting on January 2, 2007.
11/06
CODE ENFORCEMENT BOARD
TERM REGULAR MEMBERS OCCUPATION POSITION TELEPHONE
EXPIRES FILLING
01/14/2007 Glenn Schuster Fire Chemical Layperson Work:
Unexp Regular Appt 4585 A Northwest 3rd St. Specialist Home: 499-0561
08/19/03
Unexp Alt 05/06/03 Delray Beach, FL 33445 Cell: 706-0553
Reappt 01/06/04
01/14/2007 Leonard Epstien Real Estate Work:
Alt appt 05/06/03 3120 NW 15th Street Home: 272-0330
Unexp Regular Appt Delray Beach, FL 33445 Business Owner Fax: 272-0329
07/22/03
Reaoot 01/06/04
01/14/2007 David Hawke, Chair Architect Architect Work: 740-4440
Unexp Appt 01/07/03 121 Heather Lane Home: 278-3414
Unexp Regular Appt Delray Beach, FL 33444 Fax: 921-0444
04/15/03
Reappt 01/06/04
01/14/2008 Beril Kruger Planner Business Person Work: 265-4983
Unexp Appt 07/24/01 9 NE 16th St. Home: 265-2019
Appt 04/02/02 Delray Beach, FL 33444 Cell: 870-4701
Reappt 01/04/05
01/14/2009 Robert Marks Construction General Contractor Work:
Unexp Alt Appt 01/07/03 371 Coral Trace Lane Home: 266-8494
Unexp Reg Appt Delray Beach, FL 33445 Fax:
04/15/03
Reappt 02/07/06
01/14/2009 Anthony Veltri Retired/ General Sub Contractor Home: 272-0252
Alt Appt 01/02/01 2915C NW 12th St. Adjuster
Unexp Regular Appt
02/02/01 Delray Beach, FL 33445
Reappt 01/07/03
Reaoot 01/17/06
01/14/2009 Mark Behar, Vice Chair Property Mgmt. Engineer Work: 254-9605
Appt. 09/09/03 alt 140 West Lee Road Home: 279-2335
Unexp Appt 10/05/04 Delray Beach, FL 33445 Fax: 279-9192
Reappt 02/07/06
Cell: 254-9605
ALTERNATES
01/14/2007 Samuel Resnick Code Layperson Home: 330-8419
Unexp Appt 03/01/05 2835 SW 13th Street Admin/Engineer Cell: 251-6709
Delrav Beach, FL 33445
01/14/2007 Stanley Brodka Financial Services Layperson Home: 274-9502
unexp Appt 09/05/06 920 Hyacinth Drive Cell: 702-2956
Delray Beach, FL 33483
Contact: Danise Cleckley 243-7213
S/City Clerk/Board 06/Code Enforcement Board
DELRAY BEACH
. " 0 . , D All
*****
Please
1. Last Name:'6r( oD K
2. Home A ~ c) l~ ~ tJ tJTH
3. Legal Residence:
SAVV\E
4. Principal Business Address:
KEJlfLtV
5. Home Phone: Business Phone:
bl- 2.71- 5D N /1\
6. Date of Birth
'-/20/44:
CITY OF DELRAY BEACH ,#
BOARD MEMBER APPLICATIC\'flCE.\VED
~UG :\0:\ 290&
, C,-E.~\(
M.1.
All-AlllericaCily
" III!
1993
2001
DJ(
Name STAtJL[
~Elru, ~GOCJ-l
City
S~
State
City
State
Zip Code
8.
7.
Fax:
NII.\
9. List all City Boar
which you are cuttently serving or have previously served: (please include dates)
I hereby certify that all the above statements are ttue, and I agree and understand that any misstatement of material facts
con' in. appli a . on may cause forfeiture upon my part of any appointment I may receive.
t3 /30 / 0 ~
DAlE' I
Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
'l1? I cl/ly
I am currently on the Board of the Tropic Isle Association and a volunteer on the Delray
Police Marine Patrol. As a member of the Tropic Isle Board I am aware of the concerns
our residents have concerning Code violations.
My career in various management positions is evidence of my ability to work well with
others and fairly apply the standards of the Code. I have worked with the Code
Enforcement Department and am familiar with the reporting and enforcement process. I
have also attended Board proceedings and have a good understanding of their
responsibilities.
I believe the Board serves an important function in preserving the quality of life in Delray
and I would like to be a part of the process.
OELRAY.BEACH
_to......
****~
EGEJ\lED
. R.
CITY OF DELRA Y BEACH 2. Q 1.0tl6
BOARD MEMBER APPLICATlcM~ f;.t\'"
crt'< CL
#i (3-
AI Allle.llCaatr
, ~ III!
1993
2001
2.
~r:
Name
1.
3. Legal Residence:
4. Principal Business Address:
City
State
Zip Code
5. Home Phone:
Business Phone: E-Mail Address:
fR~NU I)JA .'A
7. Are you a registered voter?
Fax:
c ' .-. S;tar /'lit#' '(~IAJ
Y serving or have previously served: (please include dates)
,
/~/
10. Educational qualifications:
~q4? ~
11. List any related profes$ional certifications and licenses which you hold:
{Az-..,. ~ ~11'1i2~ z:;
12. Give your present, or most recent employer, and position:
13. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
d~A-
~
(-
s application will remain on file in the City Oerk's Office for a period of 2 years from the date it Was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
rJ~1 DCR.'-"
........
Al-Al8ericaCity
" III!
.1993
2001
I( 17/er.;{
CITY OF DELRAY BEACH RECE\VED
BOARD MEMBER APPLICATIONAN , 7 2006
C\TY CLERK
*****
3. Legal Residence:
1.
Name
2.
4. Principal Business Address:
City
State
Zip Code
5. Home Phone: Business Phohe: E-Mail Address: Cell Phone: Fax:
. ~(PI-~3-'iPOff
6. fue you a registered voter? , e' C' If s. 0, where ate you registered? 0/'1...... n C
-> . t-.-.." peeuA ~
7. What Boud(s) are yo';1 intes::es ed in s~g? Please list in orde! o~ prefes::~ce:
hone c..--J- f'.,/J I'M e.' ~ - - ~.....,.{ neve;"
9. Edu tional qualifications: .
, . !3U:>/I'\l-JJ
(
f")c
, .
bov~+O~ /)eVeAop~~-l AiIh. ).) 5is ~'Ci-t){~5 CoP"f"I1t~~' .7) Coc/e-,
8. List all City Boards on which you are cuttendy ses::ving or have previqusly served: (please include dates)
AjJ.J;J reJlP-e-
t t. Give yow; present, or most recent employer, and positio~
8'O~1 ConSre5J t<fv-e.., Boo:-- ~~.1 / Ft-- .?)'1 f >
. 12 Describe experienceS, skills or knowledge which qualify you to serve on this hoard: (please attach a' brief resume)
see.. ,Co.. -\i-~O< rc.sv~ _._ :X'" Cjel1ef~ \ T.- "''''''' '^-- ro hJI~~ ( .
(l~ S \"cl/~ ~ I ~ . 'tJeJ rA ~4/t.. r;.ry) WOo/I) . It I<- /T?' -e j J /) if rtl'.w( LJ M
I hes::eby certify that all the above s tements are true, andI agree and understand that any misstatement of material facts C ,.
cont2in . this J?lication . ca S orfei.ture upon my part of any appointment I may receive. .
. . DAU-/J /HJd~
...-tote: This application will remain on file in the City Clerk's'Office for a period of2 years fr9m the date it was
submitted. It will be the applicant's responsibility to ensure. that a current application is on file. ,
S1ClIYCl.EllDBOARD\AI'l'UCAnON
. /l (4-G./ '
~-IY) ;*~
Matthew W. Hartley
2522 Ella Street. Delray Beach, Fl 33444
Home: (561) 243-4808. Cell: (603) 674-3067
m_wade_hartley@hotmail.com
QUALIFICATIONS PROFILE
Information Technology Specialist with a diverse background in customer interfacing, technical writing, project
management, and software engineering (specifically in speech and web technologies). Exceptional
interpersonal communication, leadership, analytical, and organizational skills.
CONSULTING ENGAGEMENTS
Genesys Labs, San Jose. CA. (Nov 2004)
Enabled Genesys labs system test group with installing, configuring and troubleshooting
WebSphere Voice Server 5.1.x.
Cisco Systems, Boxborough, MA. (Feb 2005)
Presented WebSphere Voice Server 5.l.x product and enabled Cisco Systems system test
group with installing, configuring and troubleshooting WebSphere Voice Server 5.l.x.
Bank of China, Beijing, China (Feb 2005)
Presented WebSphere Voice Server 5.l.x product to senior technical staff at Bank of China.
Call Design Ply ltd, Sydney, Australia (March 2005)
Presented WebSphere Voice Server 5.l.x product, enabled for installing, configuring. and
troubleshooting WebSphere Voice Server 5.l.x, and helped develop a voice application for a
Call Centeioonference in Sydney, Australia that used WebSphere Voice Server 5.l.x.
Holly, Sydney, Australia (March 2005)
Presented WebSphere Voice Server 5.l.x product to senior technical staff at Holly.
Genesys Labs, Sydney, Australia (March 2005)
Installed WebSphere Voice Server 5.l.x for their use in product demos.
Gold Systems Inc., Boulder, CO (April 2005)
Presented WebSphere Voice Server 5.1.x product and enabled Gold Systems technical
staff with installing, configuring and troubleshooting WebSphere Voice Server 5.l.x.
AAA Auto Club of Southern California, Costa Mesa, CA (June 2005)
Installed WebSphere Voice Server 5.1.x product at customer site for production deployment of
customer IVR
AAA Auto Club of Southern California, Irving, TX (Nov 2005)
Provided on-site customer support for the WebSphere Voice Server 5.1.x..
PROFESSIONAL EXPERIENCE
May 2002 - present, International Business Machines Corp., Boca Raton, FL
STAFF SOFTWARE ENGINEER
Projects and Highlights:
Co-designed and co-developed the IBM WVS (WebSphere Voice Server) 5.1.x MRCP Server
· Designed and developed components of the WVS 5.1.x MRCP Server, specifically the
functions that dealt with RTSP and DTMF processing.
· Worked with BP (Business Partners) IVR (Interactive Voice Response) systems (i.e. Cisco
5400/5300 gateways, Genesys Voice Platform). Set up development lab with respective
BP IVR solutions for interoperability testing. Helped to drive defect resolution with BP IVR's
on issues found during interoperability testing.
· Presented WVS 5.1.x solution to numerous executives at IBM and at IBM sponsored
sales/technical conferences.
Co-designed and co-developed a VoiceXML 2.0 compliant web browser
· Designed and developed the part of the VoiceXML 2.0 compliant web browser that
managed the fetching of resources and implemented VoiceXML caching policy.
· Presented VoiceXML 2.0 compliant web browser to worldwide Business Partners and IBM
colleagues.
Matthew W. Hartley cont...
November 1999 - May 2002, International Business Machines Corp., Boca Raton, FL,
SOFTWARE ENGINEER
Projects and HIghlIghts:
Co-designed and co-developed a set of voice application development tools used to create VoiceXML
applications.
· Team Lead for the design and development of IBM's Reusable Dialog Components 1.0
release. Managed the entire design and development cycle, wrote a detailed design
specnication. and performed project management duties which included (but is not limited
to) identifying project tasks (and milestones) and assigning resources to those tasks.
· Designed and developed a graphical user interface for importing and customizing IBM's
Reusable Dialog Components within IBM's WebSphere Voice Toolkit IDE.
· Co-developed the VoiceXML Editor within IBM's WebSphere Voice Toolkit IDE.
~
August 1996 - October 1999, State Street Corp., Quincy, MA,
ANANCIAL ANALYST
Projects and HIghlIghts:
Senior level position providing customer interface. project management and developmental analysis
for Securities Operation Division.
· Project Manager for a proprietary client-server application called "Global Tax System-.
Designed to automate Global Tax Department processes and deliver reporting
requirements to sub custodians. Coordinated customer engagements and user
requirement proposals. technical planning and design, UAT (User Authorization Testing)
testing, and installation/deployment
.. Co-developed a proprietary client-server application called "Securities Lending". Designed
to track and bill Brokers on dividendflOterest payments outstanding.
· Co-developed a proprietary client-server application called "Sammis-. Designed to forecast
budgets forall departments and cost centers under the Securities Operation Division.
TECHNICAL SUMMARY
ProgrammIng Languages:
Grammar Languages:
Markup Languages:
ScriptIng Languages:
Development Software:
Web Server AdmInIstratIon:
Protocols:
Java (J2SE and J2EE)
Augmented Backus-Naur Form (ABNF). Speech Recognition Grammar
Specification (SRGS), Java Speech Grammar Format (JSGF). Speech
Recognition Control Language (SRCL
Extensible Markup Language (XML), Voice Extensible Markup Language
(VoiceXML). Speech Synthesis Markup Language (SSML). Call Control
Extensible Markup Language (CCXML
Java Script. ECMA Script
IBM Rational Application Developer. Eclipse, MS Visual Studio, Visual Slick Edit
IBM WebSphere Application Server. Apache Tomcat Server, IBM HTTPServer,
HlTP (HyperText Transfer Protocol). SIP (Session Initiation Protocol). RTSP
(Real Time Streaming Protocol), MRCP (Media Resource Control Protocol), RTP
(Real-time Transfer ProtocoQ, SOP (Session Description Protocol)
EDUCATION
University of Miami, Miami, FL (Dee 2004)
M.S., Management of Technology - Magna Cum Laude
University Of New Hampshire, Durham. NH (May 1996)
B.S.. Business Administration - minor in Rnance. Cum Laude
B.S.. Psychology, Cum Laude
REFERENCES
References are furnished upon request
03/21/06 TUE 11:10 FAX 5612433774
08.RAY lEACH
:~
1993
2001
CITY CLERK _.
IaJ 002
----
~~o.
CITY OF DELRAY BEACH ~0<(;,\ 't~~~
BOARD MEMBER APPLICATIOtf . o~ -' ~. ~~'f..
, ~ r~V
~v ,
G~" 41'1/{J~
(
infoam.tion:
~~~.
2. HotDc Ad
. \~\ ~~~-'~ ~~\L--.
3.. Legal Residence::
~,A,.vtv ,. 7 A ~l)'-J ~
4. Principal. BU$iness Aclc:hess: City
"?7o ~o 4.W. \;-t'" \7\....~L l\
S. Home Phone: . 'Business Phone: E-Mail Addte.ss: Cell Phone: Fax:
(C;bl) "Z- -"\ '0 . ~ L.[ p.l '. q o. '1 Lf 4 {) \-\ boW ~~.....A!t ~~o 15 '-l \ - Y t.J tj 0 . ~ 1.-1 - o.L/l/
6.. 1uc you a v:gistetcd votec? '-h so. where are you tegUlte.ted?
\.1 t> ~L..
1. What BoanJ(s) are you mtettsted in seniog? Pkase list 10 Older o~ pr:efcralce: C.O p e... eN~~. ~D..
c,~p... "Z- \7l..A\J0\1'J~'~ -z,\)r-J\t,~~ \;oc.iQ
8. Ust aU Ci.ry Bouds Oh which you an: cua:eutly ser:ving oc have preriously ;erved; (pleue includC dates)
Name P,A '-J \ t::>
City O~~~'( t?c-\
M.1M
State Zip Code
f~ ~?'-ly
State Zip Code
State ~ Code
FL- -;;'-!t-fo
City
. ~()P.~t?
'9.
10. List
lV~~ \10
c..,tVlL. OVll~~ \0
I hcr:cby cetCify that 2Jl the a~ Slatx:ments ue tme, md I agree aad uodeatand that 2OJ' Ddssbtrmcnt of material facts
_ill thio "'P-~T.-upon"'Tpartofmyoppojn_I""Y'-'" . \
~\ A\) r' ~t.:L . . p..~tz.\V ~ ,ocP..
SlG~ \ \..' . . DA~
Note: This application wiIllP-fW.ltft on file in tbeCity Cletk's Office fot. period of 2 yeaa from the date it was
submitted. It wiIl.be the applic:anrs ----...~ to eOsuie. that a cut.:tent application is on tile.
~t"""'aa.HU. ~.
DAVID MATTHEW HAWKE
121 HeatherLane
Delray Beach, Florida 33444
(561) 740- 4440
OBJECTIVE:
To advance and broaden my knowledge of complex architectural,
municipal, public facilities projects; To intensify my contract negotiations,
designlbuild expertise, and design/construction supervisory experience.
Masters of Business Administration
Marymount & Georgetown Universities, In-Progress
EDUCATION:
Master Degree in Architecturel Engineering
University of Maryland
Bachelor of Science Degree in Architecture
Clemson University
PROFESSIONAL EXPERIENCE:
HAWKE & ASSOCIATES ARCHITECTS. L.L.C.- President, May 1998 to Present -
Design Director and Principal of a full-service architectural firm in South Florida.
Specializing in commercial structures, complex building types, and public facilities. The office
pursues and has teamed up with large firms on j oint-venture projects in municipal, public structures
as a consultant throughout the nation.
MASSACHUSETTS PORT AUTHORITY- Senior Project Manager, June 1996 to April 1998
Logan Modernization Program
Terminal Area Roadways - Developed a preliminary design to complete Construction
Documents in eleven months. The 1.5 mile two level roadway system has + 60 caisson foundations
and complex structural design. The airport traffic and roadways must be maintained during difficult
phased construction. Estimated cost - $125M.
People Mover System (AlTC) - Assisted in the development of a EIS for a automated
intermodial transit connector awaiting Federal approval and ISTEA funding. Preliminary transit
station design, airside/landside alignments and profiles, curbside disruption, passenger convenience,
and busing interface. Estimated cost - $30 M Phase I I $375 M Phase n.
Quality Assurance Manager - Supervised four construction inspectors and construction
supervisors for active Logan terminal expansion and aviation projects. Airport passenger
movements, air carrier, and numerous concession must be maintained during complex construction.
DANIEL. MANN. JOHNSON. & MENDENHALL: November 1989 to January 1997
Project Unit Manager and Contract & Procurement Construction Manager: Tren
Urbano Mass Transit Project, San Juan, Puerto Rico - July 1995 to January 1997
Bayamon Alignment Section - Negotiated procurement and optimization, including design,
procurement, proposal evaluation and construction management, of a large designlbuild contract for
two transit stations, concession areas, retail spaces and 2.4 Ian elevated guideway. Contract Award
- $68M.
Centro Medico Alignment Sections - Negotiated procurement and optimization, including design,
procurement and proposal evaluation, of a complex designlbuild contract for three transit stations
and a 3.2 kIn elevated, at-grade, and retained-cut guideway. Contract Award- $72M.
Project Design/Construction Manager: Metropolitan Washington Airports Authority,
Capital Development Program, Washington, D.C. - November 1989 - July 1995
New Terminal Bridges to Metro at Washington NationalAirport - Coordinated design, supervised
and managed Cesar Pelli and Walker Parking Consultants for the design of the pedestrian bridges
interface with Metro Transit (WMATA). Contract Award -$39M.
MiddleINorlh Parking Structures - Supervised design of two structured parking facilities for
Washington National Airport and coordinated with Metro Transit (WMA T A). Managed design and
early construction of retail spaces adjacent to and construction within North Terminal Mall.
Contract Award - $57M.
Rental Cars Quick Turnaround Facility - Coordinated with Rental Car Representatives and
supervised the selection, negotiation, design, and direction of the architectural/engineering fIrm of
Dewberry & Davis for the design! construction of rental car facilities at Washington National
Airport. Contract Award - $21 M.
Americans Disabilities Act, Title II, DesignlImplementation - Contracting Officer's Technical
Representative in selection, negotiation, and direction of Greiner, Inc. for all public facilities,
tenants, retail construction at Washington National and Dulles International Airports.
Implementation Costs - $157M.
Delta 3-Gate Addition Interim Terminal - Managed and directed Delta Airlines and its architect
Milton Pate Associates. Full range of airport issues and interface with the airlines, concessions,
retail vendors, construction and operations adjacent to active gates. Contract Award - $38M.
ELLERBE BECKET, INC. Architect - March 1989 to October 1989
Leader of a convention center and hospital design teams (Children's Hospital Center,
Washington Convention Center, WMA T A). Designed and produced construction documents on fIve
Washington office buildings with retail on ground floors. Designed long, span convention centers.
SKIDMORE OWNINGS & MERRILL- Architect - January 1988 to March 1989
Significant role in the design of two large-scale public projects (Metro Center, David Childs,
Washington, D.C.; and Sears Franklin Center, Dean Johnson, Chicago, Illinois) and their interface
with the local urban fabric and WMA T A. High rise and sky-scraper design for Chicago, New York,
& urban sites.
THOMPSON. VENTULETT. & STAINBACK & ASSOCIATES - Consultant -1986 -1987
Worked directly with the Project Manager of the Philadelphia Convention Center. Long span
structural designs incorporating convention space and interface with existing mass transit (SEPTA)
facilities. Developed designs related to Atlanta Convention Facilities, Washington D.C., Orlando
and expansion of those existing convention centers and hotel complexes.
PORTMAN. RABON. HATCH, & McWHORTER, ARCHITECTS -Architect - May 1986
Member of design teams (Hilton Intercontinental and Hyatt Hotels). Experienced hotel
design from schematics through construction. Working relationships with three principals, mass
transits stations with MARTA engineers, gift shop, retail shops, and hotel management. Member
of design teams (Hilton Intercontinental, Four Seasons, Ritz Carlton and Hyatt Hotels). Experienced
convention center design from schematic design through construction. Working relationships with
three principals, mass transits stations with MARTA engineers, public facilities, retail shops, and
hotel management.
PROFILE:
State of New York - Architectural License # 029024
State of Florida - # AR 0016510
State of Massachusetts - Architectural License # 9840
District of Columbia - Architectural License #5030
Commonwealth of Virginia - Architectural License #10736
State of Maryland - Architectural License # 9846- MD
City of Delray Beach - Chairperson Code Enforcement - Jan.'02 to Present
Real Estate Sales Associate License - # SL 3074267
Palm Beach General Contractor's License - cae -TBD (In Progress)
NCARB Certification # 42,428! File # 37,412
American Institute of Architects - January 1994 - Present
Southern, IBC, FBC, & BOCA Building Codes - Examiner and Inspector
Habitat for Humanities & American Cancer Society Fundraiser
Chamber of Commerce - Local & Regional
COMPUTER:
AutoCAD2000, Intergraph , G.D.S., WordPerfect, Primavera, Power Point,
Microsoft Word, Quicken, MasterSpec
FOREIGN
STUDIES:
Maryland Graduate School of Architecture
Palazzo, Massimo and Roma, Italy
Cultural Associations - Pension Mimosa, Pantheon, & Florence, Italy
LANGUAGES:
French (Fluent)! Spanish and Italian (Broken)
All-AmericaCity
''I,J!
. 1993
2001
3/~rr.
CITY OF DELRAY BEACHRECEIVED
BOARD M;&MBER APPLICATlfIJR 2 7 2006
CITY CLERK
DB.RAYBEACH
...0.......
*****
Please e or tint the followin information:
1. Last Name:
~~
~
2 Home Address: . t... .Afl't'
. . . ~ G 3" S -- u.J i!>b
3. . Legal Residence: _ 6 & Ih t2:
,4. Principal Business Address:
Name
ML
D
~p Code
S-
Zip Code
City
Srnte
Zip Code
8.
Fax:
5. Home Phone: Business Phone:
~~t.: :~8~~
6. Axe you a .registered voter?
7.
9. Educational qualifications:
. ,~ (;:. ~(2.
t>
~tJ~
to. List any related professional certifications and licenses which you hold:
. 0 .f\- .. .
you to serve on this hoard: (P~ a~ch a hoe
. e.1?2 ~QL.~ U
statements are true, and I agree and understand that any misstatement of material facts
,. cause forfeiture upon my part of any appointment I may receive.
. . VC::I hh
DATE /
J.'lote: This application will remain on file in the' City Clerk's Office for a period of 2 years from the date it was
submitted. It willbe the applicant's responsibility to ensure' that acw:rent application is on file. . '
S\CITY~TION
. {/!)!/t
JAMES HOUCK - RESUME OBJECTIVE & PROFESSIONAL mSTORY
Page 1 of3
OBJECTIVE
To secure a PROPERTY MANAGEMENT position where interrelated experience in Architecture (5
. years - Building Design and Site Planning), Operating and Capital Reserve Budgeting (18 years),
Computer Software (20 years - Microsoft Word, Excel, Access and others), Construction (3 years),
Corporate Business (10 years - Management, Sales,. Marketing and Training), Property Management (18
years - Portfolio & On-Site Experience) and Real Estate Licensed (21 years - Commercial & Residential
Leasing, Sales, Marketing) will be of value to your company.
PROFESSIONAL HISTORY
1992- 2005 LANG MANAGEMENT COMPANY (Boca Raton, Florida)
ProDertv Mana2er
"On-Site" managed a 460 unit condominium development with nine (9) five (5) story
buildings and two swimming pools and a clubhouse.
Managed a portfolio of up to 16 high end community associations, collectively consisting of
649 individual homes and 345 two (2) and three (3) story condominiums totaling 994 units.
Responsible for preparing, implementing and overseeing the annual budget expenses of over
$4,000,000 collectively.
Professionally managed the contracts of accountants, architects, attorneys, carpenters,
electricians, elevators, engineers, general contractors, horticulturists, insurance companies,
irrigation specialists, handymen, landscapers, masons, plumbers, roadways, roofers and other
contractors, vendors and agencies.
Successfully negotiated and monitored the completion of three (3) developer turnover
settlements, 4 asphalt roadway overlay & 9 sealcoate projects, 8 painting and 5 sloped roof
replacement projects.
Set up "Excel" to calculate all the reserve budget reserve budget figures to eliminate the need
to personally have to the calculations.
Work with various city and county agencies on building and landscape projects.
1989 - 1992 BENCHMARK PROPERTY MANAGEMENT (Coral Springs, Florida)
ProDertv Mana2er
Consistently directed the operations of up to 15 properties, collectively consisting of more
than 1,000 two-story and mid-rise condo units and individual homes.
Responsible for preparing, implementing and overseeing the annual budget expenses of over
$3,500,000 collectively.
Successfully negotiated and monitored the completion of three (3) developer turnover
settlements, 2 asphalt roadway overlay & 8 sealcoate projects, 5 painting projects, 3 slopped
and 2 flat roof replacement projects.
JAMES HOUCK
. Resume - Page 2 of 3
1987 - 1989 CONDOR PLACE JOINT VENTURE (Boca Raton, Florida)
On Site - ProDertv Manaeer & Leasine Director
Directed all on-site property management, sales and leasing efforts for a 40 bay 95,000 square
foot Office/Warehouse building.
Responsible for negotiating all contracts and leases.
Liaison between general contractors and maintenance companies.
Created and implemented annual budgets and prepared monthly financial analysis.
1985 - 1987 SCHNEIDER COMMERCIAL REAL ESTATE (Los Angeles, California)
Real Estate Aeent
Working with developers, property owners and tenants negotiated more than $4,000,000 in
retail and office leases and land and building sales.
Created and utilized computer generated databases to work with buyers and tenants and also
investment programs to analyze building and land sale opportunities.
1984 - 1985 FRED SANDS REALTORS (Los Angeles, California)
Real Estate Aeent - Commercial Division
Negotiated more than $900,000 in retail and office leases and land sales. Achieved goals by
extensive cold calling on owners, tenants and other brokers.
1974 - 1984 ST. CHARLES MANUFACTURING COMPANY (St. Charles, Illinois)
A high end residential, laboratory and institutional cabinet manufacturing company.
Western Retrlonal Sales ManaeerlMulti-Housine Division (Based - Los Angeles, CA.)
Successfully directed the development of a new region of dealerships, independent agents and
corporate accounts throughout 7 key western states.
Eastern Retrlonal Sales ManaeerlMulti-Housine Division (Based - Ft. Lauderdale, FL.)
Effectively managed 17 independent dealerships throughout 8 key eastern states.
National ODerations ManaeerlInstitutional Division
Supervised all corporate accounts and dealer services.
Coroorate Sales EntrlneerlDraftsmanlEstimator
JAMES HOUCK (Licenses, Designations, Memberships, Board Member, Education)
Page 3 of3
PROFESSIONAL LICENSES & DESIGNATIONS & MEMBERSHIPS
2005-Present Commercial Property Management (CPM) Candidate (IREM ill #0159693) (Chapter #76)
2005-Present Florida Notary Public Commission (#D411955)
1989-Present Florida Community Association Manager License (#5414)
1987-Present.Florida Real Estate Broker License (#500323)
1984-1987 California Real Estate Broker License (Not-Active)
1984-1987 Affiliate member of the "International Council of Shopping Centers" (lCSC).
CITY GOVERNMENT - BOARD MEMBER
2004-Present City of Delray Beach, FL - Vice Chairman - Board of Construction Appeals
! EDUCATION
1987-2005 FLORIDA - Real Estate & Community Association Management Continuing Education
Classes
1984-1986 UNIVERSITY OF CALIFORNIA - Los Angeles, California
9 Commercial Real Estate Classes (property Management, Marketing, Finance and Appraisal)
1976-1977 UNIVERSITY OF WISCONSIN - Madison, Wisconsin
8 Business Management Classes
1971-1974 UNIVERSITY OF ARIZONA - Tucson, Arizona
Bachelor of Architecture Degree
1969-1971 SOUTHERN ILLINOIS UNIVERSITY - Carbondale, Illinois
Associate of Architecture Degree
JAMES HOUCK
3763 S. Lancewood Place
Delray Beach, Florida 33445
561-865-2636
jdhouck51@bellsouth.net
STRENGTHS & SKILLS
Page I of2
As a highly organized and self motivated professional with interrelated experience the following are a few
strengths and skills I can offer:
PROPERTY MANAGEMENT
Create an extensive "Management Plan" to reflect the goals of the property and their owner's.
Able to fulfill the manager's obligations under the property's management agreement.
Able to manage a broad portfolio of properties and maximize their property values.
Ability to quickly learn the roles and functions of all positions within a new property.
Test economic alternatives to increase value and make recommendations.
Understand financial statements and accounting principals.
Knowledge of available insurance coverage to protect owner's assets.
Proficient in creating operating and capital reserve budgets and effectively manage their expenses.
Understand and work with lease/sale analysis and investment software.
Prepare an "Operations Report" if required.
Examine problems and create viable solutions.
Develop short and long term market analysis and economic plans.
Orient new residents/tenants and promote positive relations.
Enforce collection and foreclosure procedures.
Constantly analyze properties physical and fiscal concerns.
Understand legal issues as they relate to tenants and owners.
Oversee operations, lease administration and construction management.
Manage budget costs to maximize profitability.
Monitor the construction of tenant improvement build-outs as required under lease term.
Understand and meet goals of a property.
Understand staffmg and employee relations to create a top notch team.
Maintain expense controls and increase Net Operating Income.
Able to properly oversee the selection of contractors and other vendors.
Strong ability to administer contracts and create tenant relationships.
Proven record of excellent internal and external customer service.
Provide direction and leadership to various in-house and out-sourced personnel.
Inspect and evaluate all building equipment, systems and grounds to insure thatthe appearance and
operations of the property meet established standards.
Develop emergency procedures and preventative maintenance programs.
Develop operating and capital budgets and track variances monthly.
Manage approved capital expenditures.
Negotiate and approve leases and contractual obligations related to the continuing operation of the
property.
James Houck
Page 2 of 2 - Strengths & Skills
FACILITY MANAGEMENT
Able to help or take on role of Facilities Manager, when needed.
Negotiate and manage conformity with vendor contracts.
Understand and manage capital improvement projects.
Understand and work with architectural drawings.
Conduct and prepare extensive property and building inspection reports.
Knowledgeable about the construction and other components of a building.
Manage risk factors effectively.
Monitor owner improvements.
Properly select and work with service providers.
Identify and work out construction defect issues.
Properly communicate with and motivate employees and outside contractors.
Hire and effectively supervise employees and outside contractors.
Oversee landscape and irrigation services and implement new projects.
Able to effectively coordinate and/or oversee the security services; parking garage and valet services;
tree trimming and removals; janitorial services; building engineer personnel; cooling systems; roof
repairs and replacement; elevator repairs; asphalt repair and overlay projects; painting projects;
concrete restoration projects; fIre sprinkler systems and most other services and/or systems as needed.
Properly plan and implement all the various types of maintenance projects, renovations to common
areas and other scheduled long and short term maintenance and construction projects.
Able to work closely with tenants on their build-out improvements.
Familiar with most architectural building systems.
GENERAL
Understand the dynamics of a lease and leasing to a tenant.
Long term knowledge working with computer programs (Word, Excel, Access & others).
Strong organizational" management, administrative, communication and leadership skills.
Mature, responsible and businesslike in demeanor.
Positive proactive work ethic.
Flexible and able to multitask effectively.
Professional in approach and appearance.
Work effectively in a cohesive team environment.
Willing to put in the hours it takes when needed.
Willing to travel when needed.
01 06 12:48p
01/30/06 MON 17:40 FAX 5612433i74
DfJ.RAY BEACH
~
mr
ClT~ CLERK
t'. ..
III 002
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
-;)t;/d6'
4th.c Venice Gbh
, 1993
2001
infoDD2.tion:
2.
. CJ2. N.
M.1.5
Stasc..L.. Zip Code
r-~ 33 S-
5c-.tc Zip Code
1.
3. Lcg::a.l Residence:
5Arnt:
4. Priacip:llBusiness Address:
-
City
Stlte Zip Code
--
5. Home l>hone: .
Business Phone
Cd! Phone:
5"~i- 15-11548 --
6. At<!- you ~ ugistc.rcd vota:?
7.
8.
tions ~~ liceru;~which ou ho~
// 'd e.r 5l/t7-e '. I-L
,.
(3~/' f;
1<) . e. -:h,s t.1.
c it 11-1 f? m A-r1 ^/"d SIh7
~-/-6to
DATE
SI
Note: This ~pliCltioU will reuain on file in the. City' Clerk's Office: for ~ penod of 2 ye:us from the cb.te it 'W2S
submitted. It will.be the :applican(s rcspoosibil,ity to c:.asme tklt :lcunent applicatioo is 00 file..
~uc....nol'
, RECEIVED
A(1It$ FEB 0 ? 2006
CITY CLERK
----.-
DELRAYBEACH
. .. - 0 . . 0 ...
'*'****
AI ~.e_cnr
, III ~!
1993
2001
CITY OF DELRAY BEAC~ECE'VED
BOARD MEMBER APPLICATION 2006
DEe 22
CITY CU~101d;h~
M.l
Name
Please e or rint the fonowin information:
1. Last Name:
chush~.r
2. Home Address:
45 5 A "':/W ~t"d.. s.+
3. Legal Residence:
So... e..
4. Principal Business Address:
G\e.nn
City
B e,a...c. n
State
Fi.
State
Zip Code
~~'1"\5
Zip Code
,~ I-t
et~recL FDN't
5. Home Phone: Business Phone:
City
CSC^..ro'\e
City
B roo\<\
E-Mail Address:
..'
I'
State
Zip Code
n NY
Cell Phone: 2-'-\ ~t" Fax:
5lsa' - L.\. - 0 J6/.,\
6. Date of Birth
7. Are you a registered voter?
sf..\ -., 010 -OSS?
If so, where are you registered?
q... 2.0-10' e.S
8. What Board(s) are you interested in serving? Please list in order of p. reference:
Code 6ofo,cc.."",c.n+ PO\ICe.. ~ F',(e,.. Bo rd..
9. List all City Boards on which you are currendy serving or have previously served: (please incll1de dates)
Cod. En-t:orc.eMe.ntc_ IO?:J - 2 (0 E.CB N'lC. c.nrt'lr'\lnc..l CC/vd'" 3-~1-<1~
F\('c... \Ct-<'<:"-\-,O~
Il'l~e.(
~o-t
'('\ ~ "" \ ~ ~ ~..i ~ \, ::'e:.. o..s <;0..13 Co l.J 'V~ F ~ <-c.CLt:. 0..
11. List any rdated professional certifications and licenses which you hold:
""be. of F~~~ re..se.("Je... b t c..b~"", FPA N"FMA C;\J\\ ~<.("\J\ce. Fd'e.f, h~C.f
F I reo e; l"\ To (" c:.e.._ L "'+ A G t'\+ c... e..(""h~\ ed f' tH~ 'f 1:., 5
12. Give your present, or most recent employer, and position:
c.., o~ Ne..uJ \'0\\<' ~I~c... ~e~-\-.
-\- re..+. Coud. Re. .
13. Describe experiences. skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
2.5 co...C~ ,;'" ~"'e fO\\OVHo\ o..\re.~r . rl-rG SC\e.fl("l!.. B-v"\J.,.; Co..'s..h.<.>c..h.ll.... foE)c ~"'e..
of, rc.. S.e.c ""'(;(1 rH c, c,l..(.-\- e,~o.", 0...... J.. sv ,e. 5S ~Or'\ S ~-i-<.-"'" s 1-11 h f:.1$~ F,('e.. o...",J,. "f' e..
os '~e.. At''!i.of'\. "I:.1I'\"c..s.'h. c\"'ho€>. Io-........tl..ble. Ha. Q,C"J.o\J~ (V\~+e.l';",,\~. CQurf Re nSlUl-h~e..~ ,/rs.
I hereby certify that all the above statements are true. and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
~/YJ ~~
'SIGNA1URE
t2-Z.\-Ob
DATE.
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
'3-:~\-o ~
My name is Glenn M Schuster, I am applying for a position for the city board membership.
I moved to Delray Beach in 1993, so, far it has been the most difficult decisions I have had
to make, At the time I was working as a New York City Fire Inspector onthe lower east and
west sides in the city and as far north as 37th st. I have a extensive background in the
following areas. Arson investigation,effective company command,high riselFire and life
safety, Rammable Hazardous Materials,Building Construction for the Fire Service, Fire
Suppression and detection systems,Principles of Fire Protection Chemistry; i happened to
hate that one. I have never written my text book education on any job application in Florida.
I have twenty years in the fire protection sector all documentable. The system in the
F.D.N.Y is different I was a New York City E.M.T, I was trained in all aspects of Fire
Fighting. Due to injuries playing hockey for the Fire house and the wear a tear of fire heavy
smoke etc. The Fire Department promoted to represent the department in criminal and civil
court litigation's I did this for five years and all my elevations were either outstanding, very
good or gOOd.
I am looking for something to do with the second half of my life and applied for over 70
jobs, some were civil service some were private sector My health problems did not effect
me but they effective my potential employers am in good shape have worked out for
twenty years and have started again. I am a true professional, I am used to speaking in
public and feel if given an opptumity you will be happy with my broad experiences. This is
the only time I have written a note to attach to my application but I need something to do
with my time and waiting for the dreaded day one of my parents doesn't wake up. This is a
real letter and I have all the documents to support the 1st.and 2nd paragraphs.
Respectfully,
~~
Glenn M Schuster
...
.w.
~
_ 561 4990561
Ii!J 2/20/00 <9 18:46
rJ 1/2
Glenn M Schuster
4585 AN. W. 3rd Street Delray Beach, Florida 33445
(561-499-0561)
Swnmary of Qualifications:
Dedicated professional with twenty YClU'.S experience.
Through knowledge ofNFPA. New York City and building codes. labor laws and health codes.
Fonner ElvIT FDNY. recently I have taken the Florida Fire Inspector and EMT coW'seS.
Through knowledge of fire suppression and detection ststems of all types. .
ExceUent reputation among superiors, city officals, builders, architects. contrators and attorneys.
Sharp and creative in problem solving and needs aSSCS$menl
EMPLOYMENT mSTORY
3193-4/94
Econocaribe Consolidators Inc. Miami. Florida
Assistant Manager
Assistant in managing one hundred fIfty thousand feet of US Customs bonded space. Supervised warehouse
ernpolyees. taughl safely and security principleslo staff. Maintained accurate inventory and shrinkage control.
11191-11/92
New York City Fire Department. New York,New York Rank Inspector
Preformed work in the conduct of inspections to detect violations of laws. rules and regulation which are intended
to reduce or eUm inate.fire and explosiYe hazzards or assist in extinsuishing fire. Prefonn related wode. conduct
inspection and investigatiOn, research national and New York City fires as well as health codes and labor law . Issue
summons and violation orde.ts when necessary.
3/87-6190
New York City Fire Department New York, New York Rank Court Repnsentative
Evaluate bujlding ownezs compliance with the New York Fire Prevention, NFPA; prosecte ownezs forviolation,.
eonduct interviews and investigations~ researvh
applicable codes to prepare case. Recommend penalities and suggest time for eompliance.
1,
3185-3/87
New York. City Fire Department, New Y orlc, New York Ran1c Lieutenant
Developed and implemented procedures to track down builders that were in violation of The New York City Fire
Law Hanbook.Supervised and trained Enforcement Agents; served notices~ conducted title searches and
investigations maintain accurate service records; advise management of areas requiring tuther analysis.
Education
we Mepham Hi8h School
Bellmore, NY 11710
High SchoolDiplomia 1980
,
101m lay Co1leac of CrimminaJ lustiee
88910thAvenue .
MajorFire Science 1980-1986
New York City Fire Department
RandaJls Island
BJ'QJ1X NY.
Fire fighting. Fire Inspection, Officem School
Nassau County Fire Service Academy
Bethpage, NY
Fire Fighting Advance Truck Advanced Engine operations EMT
"
~~
2o/08/0l
FR0M IMAGISTI~~ B0~A RATON
(FRI)FE[, 18 200', 11 : 44;:::T, 11 :4YNi!. 6:,60012048 F' ~'
..'.~"''''_. u..._.......
. '" 01) . . .. ..
.............
information:
CITY OF DELRAY BEACH tlttf$-.Jlfr.
BOARD MEMBER APPLICATIOIECEIVED
FEB 1 8 2005 () ~
07/ () rv I
RK
M_t. 5
Zip Code
-'
Zip Code
;fii~
1993
2001
1.
2. Home Address:
3. Legal Residence:
os-C- La
(<5h1E)
4. Principal Business Address: City
.::r;y,a115+'~( Lb, .t~J' ""7 12: I
o;l. ,',.+- '" ~ . Q 0 CG-(. ( ~
5. Home Phone: Business Phone: E-Mail.Add[cs~: Cell Phone(s- \ Fa.x:
51,1-3~O.-&:<g~ 50 (_ q, 1-~9~CJ 5+w~.+fv..,&e.,;"'" ,f Lf"'.L ~c ~/-C;~/-(pr70
6. Are you a registeIed voter? /' If so, where arc you regis1:ered? ~ / ? /J /'
o r~~D~~~~~
State
Zip Code
FL
>:J'f<g 7
7.
9.
ds on which YQU are clureudy sexving or ve pre::viollSly served: (please:: include dates)
, f r ~ --
8.
a. h '01/ //7
10. List any rebted p.rofcssioruU certifications and licenses which you hold:
12. Describe experiences, skills or -
11.
nts are true. and I 1tgree llnd understand that ?toy misstatement of materuu factS
forfcit\lIe \lpon my parr: of any appointment I may xecerve.
S1
TRE
:;(--/<6 ,- CYS-
D1\ "IE
.::Iote: This application will Iemain on @e in dle City Clerk's Office for a period of 2 yeaJ:$ from the date it waS
gubmincd. It will be the applicant's responsibility to ensure that. a cun:ent application is on file. .
S\CITY<..,.LllIlJt\DOAk[l\APfUCA "IQN
;Jolt
FROM IMAGI~TI~~ B0~A RAToN
2001 - Present
1999 - 2000
(FRI)FEH 18 200r, 11 :4:./ST.11 :4VNo, 5::<60012049 F'
.',
.)
George Stephen (Steve) Thacker
2403-C Lowson Blvd. Delroy Beach. FL 33445
561-350-6281
Career Objective
Posiliml in Ente1prise Resource Plannirlg & Management with a progressive organization
offering advancement opportunities based on achievement arid results.
Summary of Qualifications
. Twenty years of experience in all aspecLf of commu1.icalions and marketing for the
telecomMunications indust,y.
. Highly motivated. reJIIJII$-oriented profes...ri(mlll with broad background in te,ritory
developrrumt. accounJ/project management. with llfocus on the Fomme 1000.
. Demonstrated arwlytic.<JI and orgaJlizational effectiveness.
. ETcel/enr interpersonal. commtmicotion and managerial SJdll.f.
. Proficient in voice/data/video communic.ations and network design.
. Proven marketing expertise with strong aptillide for sa/elf management
Work Experience
Imat!istics IntematlODal~ Inc. (formerlv Pitnev Bowes Office Systems)
lVadonalAccountAlanager
Digital Messagin.g/Document Proces3ing & EM Managed Services Solutions Provider:
Cvoress Knowledge ware Solutions. Parmer: OEMs inc/t~de Minolla.. ~
PanQsonk. Toshiba. ShaTD. &: Heid<tlbelY amon.g others. Designed & engineered enterprise-
wide digital printing & publishing solutions. color printing and scanning. desktop publishing.
desJaop fa.-cing. anti rmifled messaging solution... (LirhtJlim: Fa.r;). Nario"al accom,t sales
management. while mlli"llIining $lM existing account base. Summil Club 2003. Cla.'isic
Leadership Confe,.~mce 2004. Ranked 3'-.1 nationally.
'I'
Norstan 'Communications. Ine.
Account Manager/CommunlcatlollS Consultant
+ Technology So/rltions and Services Provider; Project Managed converged Voice/l)tllulVitko
'€ntf?rprLfe Networks. Contact Centers and Worlifo,'ce Management Solutions via IP
Telephony. Frame Relay. ATM and Unified Messaging technology. .
. Fanners included Lucent. A VT. SoecrraLillk Wir'ele..u. Cisco SyStems~ ds/.rnm.. MCIWo~-1dcom.
Sprim fllJ!l. SDrintPCS. ptctureTel fmi fuL. Siemens.lwatslJ. Aspect. Comve1:'1e. PeoD/eSuft.
Blue Pumkin. among many others.
. Responsible for existing customer base. while engaging ,Jew business.
Fk0M IMAGI~TI~~ B0~A kAT0N
1997-1999
1995 - 1997
1994 - 1995
'1989 - 1994
1988 - 1989
1987 - 1988
(Fk I) FE [I 18 ~OOt'.11: F.j:::T, 11 : 4:~ljNl\ 6::1601.11 ;;:U4::J~' 4
Work Experience (Continued)
UniDial Communications. IDe. (now Lightyear Communications)
Authorized Agent - GST Communications.. President
. Re-marketing Agemfor MCI-WorldCom. Sprint. Williams. f!Ml T1fS:. offering wide-range. low-
COSl Teleldalo cQmmunicallons services co commercial c.."UslOmers.
. IniliatecJ Strategic Partner arid Distribu.tion Channel relationships.
. Managed inaugural regional :sales operations.
. PRESIDENTS CLUB
LeI InternadonaL Inc. (now Qwest Communications)
National Account Manager
. Re....pQI'f.<:iblefor generating new revenue while maintaining exisling 4 million dollar base.
. Managed Natio~lal Account Support Team. which su.pported ex/sling DecounU.
. Project managed the design. engme(!dllg. and installation of voice. data. and video networks.
. Managed respof/.3es to RFQs and RFP.f, filci!itating Executive PresentationS to Senior
Executives ofFonune 500 companies,
. PRESIDENTSCIRCLEAward- 1996.
Thomas & BettsINevada Western, Berk- T ek
Manufacturers Representative, Oak Hill Marketing
. Responsible for marlceting Premise Wiring Systems and Communicatiol1S Cable to w;iJ.ting
Di,m'ihutors while generating new rtH'cnue. with Contractors and End-users.
Data ProcessID2 Sciences. Corp.
Regional Repre~'entative
. As Data-communications C..olLfUltant. responsible for design~ procuremelll, and
implcmentativn of Integrated Wide Area Network and Local Area Networlc 301urion... and
products.
. }'fanaged national territory a/associate brOKers. diStributors and cu.ftomer ba3e whi~e
ge1lp.rating new business.
. Represellled over 50 dtfferenll1UlnufaClurers Q,f ~twork 5}'$le"'$. data commUJ.icat;ons
hardware and related software.
Re"public Roller Cor"p. (formerly Dayco Rubber)
Account Representative
. Marketed (,.'UStom rubber roller recovering services to the printing. paper ",ilI. metal treating,
!aminll/ing and related industrie....
'I'
Interactive Communication Systems. Inc-
Account Representative
. Re-markeled datn communkarions hardware and software (terminal emulotion and ide
transfer) for IBM. DEe and Uni.syslBurrough.~ Mainframes and moSl UW/X Sy.~tem3. Partners
included g, AttaChmate. ETrU!raJd.. ~ and BLAST.
FR0M IMAGI~TIC~ B0tA RAT0N
1985 -1987
1983 -1985
1975 - 1981
(FR1)FEB 18 200[:, 11 :46/81.11 :4VNO, 6860012048 F' [:,
Work Experience (Continued)
Automatic D~ta Processmfl. Inc.
Distrkr Manager
. Responsiblejor Marketing data processing service.~ and software.
. Su~rvised Account E:U,Clltives ami Client Service Representatives
Pitney Bowes. DtctaDhone Con).
Senior Account Execudve
. Responsiblefor Major' Account Marketingfor dictati,)n and digital voice communication
S}'srems. CHAIRMANS CLUB.
Education
University of Cincinnati
Bllchelor of Filfe .4rb' Degree, Broadcast Co""nUlIiclltions
. Alpha Epsilon Rho Frall!T7lity
Professional r.neTInbers~ps
. Tri-Stare Technology Association. 'Vendor Committee
. Allvenising Cluh of Cincinnati
. RQtory International
COlDIDunity activities
. Boy Scouts of AmCl'jaJ. Dlstru:.l CommillP'i!. A.t.('t. Scoutmaster
. Knighu of Columbus. F Qurth Ikgree
~ I.
. Catholic Order of F o,.este".~
. CincinnatiAns Festival, lI1C., Sing Cindnnolil- Steering Cornminee
. SPEDSQSA - Southern Gateway ChonJ,S. Director of Markeling. Asst. MlI$icDirecior
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~
AGENDA ITEM # q . F - REGULAR MEETING OF JANUARY 2. 2007
-
APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD
TO:
SUBJECT:
DATE:
DECEMBER 29, 2006
The terms for Mr. Melvin Sacharow and Mr. Troy Wheat, both Citizen-At-Large
Representatives, will expire on January 31, 2007. Mr. Sacharow will have served two (2) full
terms and is not eligible for reappointment. This creates a vacancy for a Citizen-At-Large
Representative to serve a two (2) year term ending January 31, 2009. Mr. Wheat will have
served one (1) full term, is eligible and would like to be considered for reappointment.
The Parking Management Advisory Board was established by Resolution No. 88-97 on
December 9, 1997. The purpose of the Board is to advise and provide recommendations to
the City Commission regarding parking management policy and related issues including but
not limited to, the planning, financing. development, construction and operation of parking
facilities within the boundaries of the Transportation Concurrency Exception Area (fCEA),
as well as, all public parking areas located along State Road A-1-A within the corporate limits
of the City.
The following individuals have submitted applications and would like to be considered for
appointment:
Gerald Franciosa
Mel Pollack
Nancy Schneider
Abbey Weiss
Troy Wheat
(currently serving on the Board of Adjustment)
Incumbent
A check to confirm that all are registered voters was completed. All are registered. A check
for code violations and/or municipal liens was conducted. None were found.
Based on the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2)
and Commissioner Levinson (Seat #3) for two (2) Citizen-At-Large Representatives to serve
two (2) year terms ending January 31, 2009.
Recommend appointment of two (2) Citizen-At-Large Representatives to the Parking
Management Advisory Board for two (2) year terms ending January 31, 2009.
PARKING MANAGEMENT ADVISORY BOARD
12/06
TERM MEMBERS CATEGORY TELEPHONE
EXPIRES
08/31/07 Mark Krall P&Z Home: 330-0215
Appt 09/09/03 1405 S Federal Hwy #141 Office: 276-7424
Reappt 11/22/05
Ratified 12/13/05 Delray Beach, FL 33483 Fax: 278-6909
08/01/08 David Cook Chambers Office: 276-4194
Appt07/18/06 901 SW 33rd Place Home: 732-4193
Ratified 08/15/06 Boynton Beach, FL 33435 Fax: 276-4190
07/01/07 Thomas F. Carney, Jr. CRA Office: 330-8140
Appt 07/24/03 1219 Vista Del Mar Drive Home: 272-5010
Ratified 08/19/03 Delray Beach, FL 33483 Fax: 330-8233
Reappt 07/28/05
Ratified 09/06/05
09/30/08 Peter Perri WARC Home: 243-6360
Unexp Appt 05/10/06 65-H NE 4th Avenue Cell: 441-1175
Ratified 07/11/06 Delray Beach, FL 33483 Fax: 243-0043
Reappt 09/13/06
Ratified 12/12/06
08/01/08 Herman Stevens DDA Office: 278-1988
Unexp Appt 06/12/06 601 SW 7th Avenue Home: 272-7477
Ratified 07/11/06 Delray Beach, FL 33444
Reappt 07/W/06
Ratified 09/05/06
The representatives above are ratified by the City commission.
The representatives below are appointed by the City Commission.
01/31/08 Mark Denkler Atlantic Avenue Corridor Office: 276-6570
Appt 02/21/06 320 NW 9th Street Between Swinton Avenue Home: 265-4745
Delray Beach, FL 33444 and the Intracoastal Fax:
01/31/08 Atlantic Avenue Corridor
Unexp Appt Between Swinton Avenue
Vacant and Interstate 95
01/31/08 Jorge Ramos Atlantic Avenue and State Office: 789-5668
Appt 01/06/04 34 South Ocean Blvd. Road AlA Corridors and Home: 338-0690
(resumed his term) Delray Beach, FL 33483 lying East of the Email:
Reappt 01/17/06
Intracoastal Waterway jorge@CaffeLunaRosa,com
01/31/08 Cecelia Boone Old School Square Office: 302-8978
Unexp Appt 03/21/06 220 NE 151 Street Historic Arts District Home: 302-8978
Delray Beach, FL 33444 Fax: 278-6221
Email:
01/31/07 Melvin Sacharow Citizen-at-Large Office:
Appt 01/07/03 2560 Riviera Drive Home: 243-2857
Reappt 01/04/05 Delray Beach, FL 33445 Cell: 445-6863
Email:
melsacharow!lUiuno.com
01/31/07 Troy Wheat Citizen-at-Large Office: 243-2219
Appt 01/06/04 Unexp Smith Barney Home: 737-1308
Reappt 01/04/05 55 NE 5th A venue, Suite 400 Fax: 243-2250
Delray Beach, FL 33483 Email:
Troy .d.wheat@amithbarney.
com
Contact: Scott Aronson - Parking Management Specialist 243-7286
Commission Liaison: Brenda Montague
12/06
TERM
EXPIRES
08/31/08
Appt 08/18/06
Ratified 10/3/06
08/01/08
07/01/08
Appt 06/08/06
Ratified 07/11 /06
09/30/08
Unexp Appt 06/14/06
Ratified 07/11/06
Reappt 09/13/06
Ratified 12/12/06
08/01/08
Appt 07/'}fJ/06
Ratified 08/15/06
PARKING MANAGEMENT ADVISORY BOARD
ALTERNATE MEMBERS
MEMBERS
Joe Pike
315 Lake Eden Way
Delray Beach, FL 33444
aeant
Peter Arts
1746 Fern Forest Place
Delray Beach, FL 33445
eginald Cox
15 NW 2nd Street
elray Beach, FL 33444
ran Marincola
1138 Vista Del Mar Drive
elray Beach, FL 33483
CATEGORY
TELEPHONE
ffice: 274-6500
Home: 243-0060
ell: 706-6360
ffice: 395-1433
orne: 637-3640
ell: 703-4770
395-4755
ffice: 265-1030
272-8805
573-1131
265-1131
ffiee: 274-8898
orne: 274-4455
ell: 251-5885
ax: 274-6778
Contact: Scott Aronson - Parking Management Specialist 243-7286
Commission Liaison: Brenda Montague
DELRAYBEACH
~
All-AmerlcaClly
, III ~!
1993
2001
RECEJ\JEO
CITY OFDELRAY BEACH 2 n 1.\\\\6
BOARD MEMBER APPLICATldW~ - E.~"
C rf'< C \.-
information: I!J CJ
1.
Name
s.r: City b S~L
EL
City State
City State Zip Code
2.
3. Legal Residence:
4. Principal Business Address:
5. Home Phone:
Business Phone:
Cell ~J~ .ft
I. .Colt?
f so, where are you registered?
sttUt
Fax:
c ' .-. S ;~. Il##' (~"v
Y serving or have previously served: (please include dates)
,
/~/
10. Educational qualifications:
~~4? t
11. List any related professional certifications and licenses which you hold:
CAtv- ~ ,~,I'1c?~ ~
12. Give your preseilt, or most recent employer, and position:
13. Describe experiences, skills or knowledge which qualify you to serve on this board: (pI~se attach a brief resume)
(-
that all the above statements are true, and I agree and understand that an ss ment of ma rial facts
. s application may cause forfeiture upon my part of any apPointm~ay recei e.
. ~
/
DATE . '
s application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
Au~ 04 05 12:13p Mel Pollack
uo/U<I/(J::> TI1U lZ=Ul '"^^ :>"1.:4,..).>""
561-272-7618
p. 1 -'
~ 4lDl ~ "....
~/Lec4r
RECEiVED
AUG - 4 2005
CiTY CLERK
M..l.
----
\.-.. .I I '-Lr.1U\
oaJlAY 8f.AOt
~
'iiTi!
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
2.. Home Address: ~ ^ C'\
"J ".: '-J tV; 'U
3. J~ Residence:;. ri
~~vv-'\.~
St:;ll:e
Fl-
Sote
1.
,4. Pn.ncip:aJ..Busioe.ss Add.:c.ss: .
"~~VV\\..- e~~,.c-'L.J
City
$l1te
ZipCodc:
5. Home Phone.:: Bu.~ Phone
d-M-AI~
E-M:Ul Address: Cell Phouc:
l':;u::
6. ..hIe you 3 J:egistc.(~d voo:.:c? 'j--< cJ
7 _ Wh2,c Board(s),-u;c you intCl'CSccd ia secviogi' Ploc;e list in ocda: of p.r:ef=.c:c:
~.\ls~~#.'
9 .Ed~C2.ri.o~1 qualA60.tions:
t>~ . EC.D "'" 11 ~ ; c...J' .~ V """'<<1....0.....r. {),J , r...... ~
J.".:Ls~ aDY Leb.ted ps:ofc&sioo:d . "6CLtiODfi '1O<:llicenscs 'Wbich. you. hold:
."'(4
'fT- ~ '. (:O~, ~'4-Q..' J tr
~ 1. Gi-<r<:yow: prc:5c:nt. ot: most I:CccD.E: eniploycr. ;and pO:lirio~
J::s:- ~ PR.d. rt\>.:i-~ l..-.L..4:,' nar.:'JJ b~ Pl.,.....;...... f?--~~-
"r '.7 . " J
I hc:.ceby unify ch:at sl1 the "~T'C lItal-aDalO aLe Uue. -and I a&CCC -..ad uodcnCaftd ~c u.ay mkSbtaD.c:o.t of mstc:riU fa.ea
-......... 'i{'< 'c:::;a =~e '<>dei<u<e .poo my P"'" of ~p"""--' I -y aceiv~ "
a~\:~ .Q:_ .' . Y ft U 6 n...{
SIG ~ ' DA.'IE '
Note: This 'application -will ~ <)0. 1ik in d1c City ClaYs Of6c:c foe... period of2 YClU3 frot:n me date it 'WaS
:nJhmlued- kwiJl.bc we :applicanC's: LeSpOnsibiljty to Ccsuie" tWt.t -a. Q.ULCDtsapplicuioo. is on file.. .
~~'1tQ"
b;Pr
DRRAY BEACH
.10.....
*****
4. Principal Business Address:
)~W\f~
tt12
CITY OF DELRAY BEACH 4p. CS-IV~
BOARD MEMBER APPLICATION ~ 0 IIp 0
Ci,....,.. uUs
J/ irk
M. .c
Zip Code
'5 1.
Zip Code
NameN ",
{4/v ( I..-
City b (-0
AHIIIericaCity
" II I!
1993
2001
Please infonnation:
1. Last Name: ~C NjV~ I DtYl.--
2. Home Address:lj I
3. Legal Residence:
City
State
City
State
Zit> Code
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
5&/2,,6S"17,lb JO.r7l.Oljfj6'1
6. Me you a registered voter? & S If so, where ate you registered? 1)C/...-
7. What Boardes) are you interested in serving? Please list in order of preference: i J-L ,I
. . I ~ b J 6 1-/ ~ nOt; J)
tuctlJf~
=---
C vYL(li;IV1L-
T //M6IWC
A /p)J'vt7-j
fl.-ilJ I / ~ !t.{; tJ:)t1..IJ-.l I Live //I/~. WNv (f 1St; I ~vd?ViV
AWl eo. t:/"J 6~ D(L/J /
I hereby cer . at the above statements are true, and I agree and understand that any misstatement of material facts
c. on~<d in kPlication may causc fotfeiturc upon my P'" of any appointment I ~~.
. ~1;g. L- ---' ." DJf!~ J
Note: This application will retrut.in on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file. .
S\C1TYOJ!RJ:.\BOAll.D\Al'PUCATION
1m )~1P
RJ~ED ~OOllOOl
JAN 0 h 2006
CITY OF DELRAY BEACH CITY CLERK
BOARD MEMBER APPLICATION
01/06/2006 FRI 9:16 FAX
OElRAYBEACH
, , . . . . ...
tza1d
flTir
1993
2001
information:
1.
W/E/SS
Name A6BE'/
City OEI..J..JW 6E'I\CU
City
Statc
t=L
State
2, Home Addrc~s:
$olE.
3. Le&'<1l Residence:
~ A6o\E
4. Principal Business Address:
a;S. M\J ~~WfJYE trft Oilvl;.
State
Gty
80CA tATtJN
FL
5. Home Phone:
Business Phone:
~J.118- (,737 5(,I.QJCl.LH28
6. AIe you a rc,gistcrcdvoter? 'I6S.
7. \.Vhar BoaTd(s) are you interested in serving? Ple<tsc list in order of preference:
PMt.JNG mAil
8, Li;;[ all City Bo~U'ds on which you a.Te eunently seTving or. have pTC:v,iously served: (please include dates)
-
9. Edue.ttional qualificlltions:
10. List any related profc:,:sion:al certifications and liccnscs which you hold:
-
11. Give your presenr, or most recent employer, and position:
~~ tONS\UIIEt.
12. Describe: cxperiences, skills or knowledge which qualify you to serve on dlls board: (Please attach a brief resume)
P~EI\SE .~E ATfAOlEP P.ESUJn€.
M.I.
.::r
Zip Code
Zip Code
Zip Code
53t/3/
Fax:
1 hereby cc:nify that all the above statements :arc trU.e, and I agree and understand dlar any misstatement of material facts
c 1 'ned in [ ill ~ may eause fOTfeicure upon my part of allY apPOin;letlt T ma.y receive.
D.A1E
Note: This application will :t'emain 011 file in the City Clerk's Office for a period of 2 years from the clate it was
submincd. It will be the applicant's respof)s~biliry to ensur.e tbat a CUHeO[ application is on fil~. '" ,
~CL~~~I:~~'I:WN
Abbey .J. Weiss
809 NE 1 st Street #7E
Delray Beach, FL 33483
561-278-6737
abbeyjweiss@hotmail.com
QUALIFICATIONS FOR PARKING MANAGEMENT ADVISORY BOARD
Jarden Consumer Solutions Community Fund Member
March 2005 to present
· Secured unrestricted grants for Milagro Center and SO Spady Museum/EPOCH for
$10,000 and $5,000, respectively
· Organized donation of 1,000 coffeemakers with retail value of $70,000 to Palm
Beach County school district, for use in teachers lounges; donation of assorted items
with retail value of $20,000 to Milagro Center, SO Spady Museum/EPOCH,
Community Child Care, Caridad Center, Peggy Adams Animal Rescue League,
Habitat for Humanity, VA Medical Center (Miami)
· Coordinated "Katrina Pet Aid" hurricane relief fund drive and adoptathon with Peggy
Adams Animal Rescue League/Humane Society of the Palm Beaches; total cash
donation of $6,740 and twelve animals adopted
· Managed year end food drive for Cooperative Feeding of Broward County, donating
over 3,000 pounds of food '
Park View Manor Homeowners Association Board of Directors
June 2004 to present
· Manage Board of Directors responsibilities for sixteen unit condominium complex,
including all communications, bank deposits, new owner interviews and approvals,
accounting duties, budget planning and contract negotiations
· Obtained quotes, determined assessment schedule, secured contractors for $35,000
of improvements of Park View Manor property
· Liaison between Park View Manor homeowners and Porten Homes Project Manager
on neighboring construction
Delray Beach Residents Academy
August 2005
SO Spady/EPOCH, Five Year Anniversary Event Committee
July to October 2005
Boca Raton Chamber of Commerce, Successful Women In Business Sponsor/Member
January 2005
Resident of downtown Delray Beach
1997 to present
Resident of Palm Trail neighborhood
1998 to present
nt'1 I' ."". .,.. ...,,..... . 1"'111 ooIml III ...nl\"~'
, ~l:~'1Z3
~lfrl!
1993
2001
. ,.,.,..' ...w-, r- I I I
infOJ:Ination:
CITY OF DELRA Y BEACH
BOARD MEMBER AP?ICATION
#J/ f{. rp-
N, e M1:v
State ~Code
FL 333"
State Zip Code
kI1Qf\C .\ql
"'l/-/7- CJ~
.
rive
-bn ~~c" '
2.
4. Principal Bu~ess Address; City State Zip Code
lOll fas~ A""b~ h~ ltJe'lC4.e ~frQ. Bef4c,h FL 33l/B3
s. Hom. PhOD.: Busin.ss Ph ODe; ,J;:-Moil Addreu;: CeD Ph~Tj F~/) A3
(5' I) 737 - 1308 (5,,) 2& ( ~ (, 7' 1.. . y. 'D. lJA..,.1 @ es~ . c... 85'I-.!Il15 m. oe.,
6. Are you uegin...d voter? '/es If '0, "here are you ugis....d? ~I'" &"J,
7. Wh2t Boud(s) U~ you .int~5ted in scrving?Please 5t in order of prefermce:
C~Jl, 'JlDA, P.... \:;;., 1'1.....'.....1-1 f.luacf'M I3_J I p~ z. I Sister G lIes
8. List all Gt). Boards on which }'OU arc cunend}. s~'ing or have previous})" served: (please include dates)
No "<
9. Educational qualifications:
8.s.
,
11'\
fCOI\OIft" S
..(ruM
L<,.;\iers , ~
~f S. F/o.... '
10. List an)' telated professional cen:i:6catioXls a>>dlieenses which you hold
~vaJfI\t'l'I+ Iic~le$ 3, 7, '3" ,S" COIAlr\i)J;~. s-Io"b o,,! 6lkcb, Sly. s~ 1A~
] 1. Give your present, or most recent emplO).cr. and position;
I hereby ccn:ily that aD the above autanents are ~ and I agree cd Wldc:rsbDd mat any u:Usstatcme:nt of m2tc:r:ial facts
ed in' Ii' 00 may cause forfeirurc upon lI':l)' pout of arJY apJ>OUUZDcot. 7;: te
'i ,,, 1>3
SIG~.-\ .RE DATE
J
Note: This appliation willl'em.am on file in the City Clerk"s Office {ox a pcDod of 2 years from the date it was
submitted. It will be the applicant"s respo.nsibility to CDsure tb:u a au:rc:nt a~1ication is on 6Je. . /
.. REC;EIVE&cuu:I8O~".~ "
APR 1 7 2003
""..v ". E::OIi'
Apr-ll-Z003 03:30pm From-SMITH 6A~NEY
:lbl ,b:l Ublb
1-,(( r,UUj/UUj ~-I((
1022 East Alla,..iic Avenue
DeI18y Beach. Fl33463
Photle 561-266-6762
Fax 561-265.01\16
E-rn;ll/
Iroy.d.lNheat@smithbarney.com
Troy D. Wheat
Objective
My objective is to continue fOllowing the guidelines already in place in
Delray Beach, and help assist in the further development and growth of
our city.
EmDlovment
1 QQ7 - o~......__. O.'..a.. P.... ..",)' u81ray ~each, Florida
Financial Consultant - Second Vice President Investments
· Assist in the development and implementation of financial plans for both
retail and Institutional clients.
Education
1989-1992 Palm Beach Community College Florida
Associates of Arts
1992-1996 University of South Florida Tampa. Florida
Bachelor of Science (Economics)
Investment
Licenses
Series 3 - Commodities
Series 7 - Stocks. Bonds, and Options
Series 63 - Bluesky License
Series 65 - Investment Advisors
Volunteer
Bethesda ~ort!m!.lOity.J:fQ30~t~1 {Prn-4m ~v"",...+;.._ r"___:u_ _ ......
Carver F!':t<ltes Youth Progrom (Cxecutive Commlnee, Fundraising
Chairman. Golf Tournament Co-Chair)
Palm Beach County Golf Association(T oumament Committee, Former
Executive Committee)
Delray Beach Commui1ity' C:-,lId CGre Center
Life Experience
Scholarship goffer at Pa~m Beach Community, and University of South Florida
Nationally ranked amateur golfer 1993
Four Time U.S. Amateur Contestant
U.S. Mid.Amateur Contestant
1999 Delray City Champion, 2000 Palm Beach Mid-Amateur Champion, 2002
Runner-up Palm Beach County Amateur, Runner-up 2003 Dixie Amateur
Championship and numerous other national, state. and local events
MEMORANDUM
FROM:
MAYOR AND CITY.CW.. MISSIONERS
CITY MANAGER tJ1V ,
AGENDA ITEM # q . G - REGULAR MEETING OF JANUARY 2, 2007
AGREEMENT /PAUL CONSULTING INCORPORATED, INC.
TO:
SUBJECT:
DATE:
DECEMBER 28, 2006
This is before Commission to authorize the City Attorney to draft and the Mayor to execute an
agreement with Paul Consulting, Inc. in the amount of $38,700.00 via State Contract #973-561-06-1
for the administrative services, installation and implementation, including technical support and
upgrades, of the MuniAgenda (paperless) Software developed by MCCi which is a division of the
Municipal Code Corporation.
In April and November 2006, staff attended MuniAgenda presentations. MCCi has a large municipal
clientele base (attached); and we have been in contact with certain cities in various stages of the
implementation process and those who are currently active. We have received positive feedback from
the cities regarding the professionalism of the MCCI staff, technical support during initial installation,
implementation and actual use of the product. In addition, Municipal Code Corporation is currently
the vendor for our Code Book supplements.
Funding is available from 001-1411-512-66.10 (General Fund/Software) and 001-1411-512-46.90
(General Fund/Other Repair/Maintenance Costs).
MuniAgenda software information is attached and Bob Kinsey, MCCi Florida Account Executive, will
be present at the meeting for questions regarding the software.
Recommend authorizing the City Attorney to draft and the Mayor to execute an agreement with Paul
Consulting, Inc. in the amount of $38,700.00 via State Contract #973-561-06-1 for the administrative
services, installation and implementation, including technical support and upgrades, of the
MuniAgenda (paperless) Software developed by MCCi which is a division of the Municipal Code
Corporation.
S:\City Clerk\Agenda Cover Memos\pCI MuniAgenda Software Request Ol0207,doc
Page 1 of 1
Nubin, Chevelle
From: Kimberly Shirley [kshirley@paulconsulting.com]
Sent: Friday, December 29,200611 :09 AM
To: Nubin, Chevelle
Cc: Whipple, Janet
Subject: RE: State Contract 973-561-06-1 IT Consulting
Dear Ms. Nubin:
Per an earlier conversation with Ms, Whipple, I am sending you the IT Consulting Services state contract URL.
http://dms,m..Yflorida,com/business operations/state purchasing/vendor information/state contracts agreements
As you will notice, Paul Consulting, Inc. is one of many under the contract. If there are any other questions you may have
after reviewing, feel free to contact me,
Thank you,
Kimberly Shirley
Financial Administrator
Paul Consulting, Inc.
Office: (850) 523-9626
Fax: (850) 523-9655
www.paulconsulting.com
12/29/2006
DEPARTMENT OF MANAGEMENT
SERVI CES
"We serve those who
serve Florida"
JEB BUSH
Governor
Tom Lewis, Jr.
Secretary
MyFlorida,com
Division of State Purchasing
4050 Esplanade Way
Suite 360
Tallahassee, Florida
32399-0950
Telephone:
850-488-8440
Fax:
850-414-6122
Internet:
www.MyFlorida.com
October 18, 2006
Suite 360
MEMORANDUM NO. (973-561-06-1 )-3
TO: User Agency
FROM: Director, State Purchasing
SUBJECT: Contract #:973-561-06-1
Title: Information Technology Consulting Services
Revisina Section 7.0: Forms and Attachments:
The following forms have been combined into one and the
format changed from MS Word documents to MS Excel
spreadsheets:
Current Task Orders Form
Completed Task Order - Contractor Form
Any questions or problems in delivery or service that may arise
regarding this contract should be addressed to the Contract
Administrator.
DSP/om
State Purchasing. 4050 EJjJlanade Wqy. Tallahassee, Florida 32399-0950. Telephone: 850-488.8440.
Fax: 850-414.6122
CERTIFICATION OF CONTRACT
TITLE: Information Technology Consulting Services
CONTRACT NO.: 973-561-06-1
ITN NO.: 20-973-561-J
EFFECTIVE: June 21,2006 through June 20,2009
SUPERSEDES: 973-561-04-2
CONTRACTOR(S):
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
22nd CenturY Technoloaies Inc
AAJ Comouter Services Inc. d/b/a AAJ Technoloaies (J)
Aaron B Flovd Enterorise LLC (A)
Acacia Consultina. Inc. m
Accenture LLP (A)
Acclaim
Acre Service Coro. (P)
Acuitv Solutions LLC
Advanced Data Solutions, Inc. (M)
Advanced Data Systems Inc. (A)
Advanced Svstems Desian Inc. (K)
Aesir Software Inc.
Affiliated Comouter Services Inc. (A)
Alltech Consultina. Inc. (A'
Aloha Data Corooration
Aluise And Associates. Inc.
Answerthink Inc. (A)
Anteon Corooration (A)
Anthem Technoloaies IncJP'
Aoolications Software Technoloav Corooration
Asoirina Solutions LLC.
Atlantic Data Inc.
Avanade Inc.
Bav Systems Inc. (M)
Beacon Systems Inc
Bearinaooint Inc. (A)
Blackwell Consultina Services LLC (A)
BLM Technoloaies. Inc. (A)
Booz Allen Hamilton. Inc. (A)
4
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
Northroo Grumman Information Technoloay. Inc.
Nu Info SYstems.Inc
Omni Source. Inc.
OMSYS Services Inc. (H)
OneTechPlace Inc. (A)
Online One Grouo
P2P Staffina Coro.
Paul Consultina
PBS&J
Phoenix Consultina
Photo Science Inc.
PKV Manaaement Consultina. Inc.
Plato Consultina Inc.
PMA Consultants Lie
Pomeroy It Solutions Sales Comoany, Inc.
Presidio Corooration. The
Process Works Inc.
Proiect Manaaement Solutions Inc.
Prosys Information Systems
RadGoy.. Inc.
Radise International. Lie
Rahim Inc
Raoidiam. Inc
RCC Consultants Inc. (A)
Red Bull Technoloaies Inc.
Resource And Plannina Technoloaies Inc.
Reyolution Technoloaies LLC
RLTCORP Software Develooment Services (A)
Rod And Staff Inc.
Roh Incorcorated
ROI Consultina Grouo. Inc.
Saber Solutions Inc
Salem Associates Inc.
Salone Consultlna Grouo, Inc.
Saoohire Technoloaies Lie.
Savant International Inc.
Scicom Infrastructure Services Inc.
Serebrum Corooration
Seva Technoloaies Lie
Sianature Consultants LLC (A)
SkillStorm (A)
SMX Services & ConsultinQ Inc. (0)
Software Architects Inc.
Software House Int
8
.
MCCl
Municipal Code Corporation
SALES DEPARTMENT
PO Box 2235. Tallahassee, Florida 32316
TELEPHONE (800) 342-2633 . FAX (850) 701-0715
Bob Kinsey, Florida Account Executive . extension 721 . bkinsey@mccinnovations.com
December 29, 2006
Ms. Chevelle Nubin
City Clerk
City of De I ray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Dear Ms. Nubin:
I enjoyed speaking with you recently regarding the MuniAgenda software. Pursuant to our discussion we
are pleased to enclose our Professional Services Proposal. While reviewing the proposal please keep in
mind the following advantages of being a customer ofMCCi:
~ MCCi is a division of Municipal Code Corporation (MCC)- MCC has been serving local
government for more than 50 years and has a proven track record of developing services to meet local
government needs. MCC's philosophy is to provide cost effective, easy to use products and provide
personalized customer service. MCCi has followed this model.
~ MCCi focuses on local governments- MCCi was created by Municipal Code Corporation to focus
on innovative technologies for local government. MCCi provides LaserFiche software and services
to more than 250 cities and counties.
~ MCCi offers superior support- MCCi offers support through our help desk, email, and toll free
number. We also have a phenomenal online support center that gives end users access to training
manuals, "how to" checklists, training videos, a knowledge base, and software updates.
STATE CONTRACf (#973-561-06-1). MCCi is a teaming partner with State Contractor Paul Consulting
Incorporated (PCI), who handles all financial transactions under the state contract. Therefore, the
following contract will be invoiced by PCI and all payments should be made directly to PCI at 2541
Barrington Circle Suite 2 Tallahassee, FL 32308. Please keep in mind that PCI will only be handling
financial transactions and MCCi will be responsible for providing all services and support as outlined in
the contract. For additional infonnation, please contact Donny Barstow, MCCi President.
If you have any questions concerning our proposal or desire additional infonnation, please do not hesitate
to contact me on our toll-free number. We appreciate your interest and hope that we will have the
pleasure of working with you and serving the City of Delray Beach.
Sincerely,
Bob Kinsey
Florida Account Executive
Enclosures:
Exhibit A - MuniAgenda Proposal
Executive Summary
MuniAgenda is designed to automate the agenda process by giving you the ability to create, approve and
track items for upcoming and past Council or Commission meetings with a fully customizable, web-based
interface. We focus on customization because we know that every city and county approaches the agenda
process differently. With MuniAgenda you can:
)> Eliminate Paper- MuniAgenda is the only product that tackles the agenda process from the
beginning. This means paperwork is eliminated at the source.
)> Publish your agenda automatically- Once everything has been approved, simply "make the
agenda public" and it will be published to your website. End Users or the public can access
individual sections, or the entire Agenda in PDF format.
)> Customize your Agenda Layout- MuniAgenda offers the flexibility of customizing the look and
layout of your Agenda. Your constituency is accustomed to seeing Agendas in a familiar layout.
Users and the public will see the same Agenda they saw in the old system.
)> Customize & Automate Item Requests- MuniAgenda offers the flexibility of customizing the
look and layout of your Item Request page. The Item Request captures key attributes of each
item. Names, Description, Type, Category and more are all captured on the item request page.
Focused on user-friendliness, MuniAgenda can be customized to replicate your existing paper
electronic form.
)> Customize & Automate Approval Process- MuniAgenda allows you to have Custom Workflow
for your items. Workflow can vary by item type. An ordinance may have one workflow while a
contract may have another. Custom workflows combined with the option of allowing user
defined workflows helps insure your complex process needs will be met.
)> Minutes Creation and Vote tracking- MuniAgenda includes a minutes creation module that
allows you to publish both your "action" minutes, and your complete set of minutes when you are
ready. MuniAgenda also offers optional modules for Electronic Voting (via hand held devices),
Meeting presentation consoles, and Audio and Video integration.
Keeping all of this in mind, you can see how MuniAgenda focuses on customization. We realize that
every city and county has different processes, needs, and complex approval processes that must be
addressed. MuniAgenda is a web-based solution designed specifically for Government organizations.
MuniAgenda will save time and money by streamlining the process of Agenda item creation. Whether
big or small, MCCi will package and customize MuniAgenda to meet your technical and budgetary needs.
*Please check all boxes below for options desired.
MUNIAGENDA SOFfWARE
iii MuniAgenda Large Population Professional Edition
MUNIAGENDA SOFfW ARE SUPPORT
iii MuniAgenda Large Population Professional Edition Annual Support (MSAP)
$20,500
$4,000
For budgetary purposes, the Client should include this amount in annual budget for renewal of MSAP of
the above quoted software.
REOUIRED IMPLEMENTATION SERVICES:
iii 1 Customized Item Details Screen
iii 1 Customized Public Agenda
iii 1 Customized Public Minutes
iii Up to 10 Customized Workflow Configurations
iii 3 days, Onsite Training, Installation, & Workflow configuration - @ $1,500 per day
iii 20 PSP hours, 1 $1 year MCCi "Hand Holding" package @ $110 per hour
Total Required Implementation Services
OPTIONAL IMPLEMENTATION SERVICES:
o Onsite Workflow/Process Analysis, per day
o Project Management for On Site Rollout, per day
o Customized Training Manuals - provided in PDF or Word format
o Customized Flash Training Videos
o Developer Training (conducted at MCCi Corporate, up to three trainees, 1 day)
o Hosting, up to 5 GBs, per year
o Additional Workflows per each
o Future Customization, per hour
o MuniMeeting Module (includes 10 wireless devices)
o Additional Customized Item Details Screen per each
Ea' Additional Customized Public Agendas per each
o Additional Customized Public Minutes per each
Total Optional Implementation Services
Travel Expenses- per day of travel includes car, hotel, per diem and estimated airfare
$1,500
$1,500
$1,500
$2,000
$4,5001
$2,200
$13,200
$1,500
$1,500
$1,500
$2,500
$1,500
$3,0001
$200
$110
$5,000
$1,000
$1,000
$1,000
$
$3001
I Any training hours not used in the implementation will be converted to PSP hours, All training costs are per day
(based on an 8 hour day) and per MCCi Technician.
/ Cost is per year and may vary ifbandwidth varies unexpectedly, Discuss variances with your project manager
PAYMENT & BILLING
MCCi is a teaming partner with state contractor PCI, who handles all financial transactions under the state
contract. Therefore, invoicing will be completed by PCI and all payments should be made directly to PCI
at 2541 Barrington Circle Suite 2 Tallahassee, FL 32308. PCI will invoice fifty percent (50%) of the
total contract amount upon receipt of signed contract. Balance will be invoiced and billed upon
completion of installation. Payment will be due upon receipt of an invoice. Please keep in mind that PCI
will only be handling financial transactions and MCCi will be responsible for providing all services and
support as outlined in the contract. For additional information, please contact Donny Barstow, MCCi
President.
Total Cost (excluding optional implementation services)
$37,700
The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the date
appearing below, unless accepted by the Client.
Submitted by:
MCCi, a Limited Liability Company
Date:
December 29,2006
By:
(Signature)
(Printed Name & Title)
Witness:
(Signature)
Noted Items Accepted by:
CITY OF DELRA Y BEACH, FLORIDA
Date:
By:
(Signature)
(Printed Name & Title)
Witness:
(Signature)
(Printed Name & Title)
MCCi, a Limited Liability Company and subsidiary of MUNICIPAL CODE CORPORATION, which is duly
organized and existing under the laws of the State of Florida, hereinafter referred to as MCCi, hereby offers the
MuniAgenda Software & Services to the City of DELRA Y BEACH, FLORIDA, a corporation duly organized and
existing under state law, hereinafter referred to as the Client, according to the following terms and conditions.
MUNIAGENDA SOFTWARE & SERVICES
MUNIAGENDA SOFTWARE. MCCi will provide the client with the MuniAgenda Software (developed by
Novusolutions) which is a web based solution designed specifically for Government organizations, MuniAgenda will
save time and money by streamlining the process of Agenda item creation. MuniAgenda Editions are listed below:
Standard Edition: MuniAgenda Standard Edition includes the core code for managing your Agenda process for
multiple meetings within your organization. A feature overview follows below:
. Create Agenda Items- Authorized users can create items for your upcoming meetings.
. Add Attachments - Users can add multiple attachments to any item.
. Configured workflow - Workflow can be set to vary by item type as required by your existing processes.
Workflows are defined in the services area of the deployment and set by a MCCi developer prior to shipment.
. Customized Public Agenda - The agenda viewed by the public can be customized to meet your specific need. The
cost of development of the customized agenda is covered in the services area of deployment.
. Multiple Meeting Types - Clients have the ability to manage an unlimited number of meeting types. Commission
or board meetings, Committee meetings and more can all be managed at no additional cost.
. .Clerk Meeting Manager - The board clerk can manage meetings dates and types in a simple to use interface.
. Custom Item Categories - Clients can define the categories of items being created.
. Custom Item Details Page - The item details page used to create an Agenda item is customized for each client.
Clients may have more than one layout for Agenda item details if they vary by item type. The cost of developing
the details page is covered in the services area of deployment but the ability to use custom details pages is included
in all versions.
. Independent User Management - You can mange your users within MuniAgenda without interaction with active
directory or other services.
. Internal Item Search - Internal users can search for items in the database for research purposes.
. Create Minutes Module - The Clerk can record meeting minutes during or after the meeting.
. Customized Minutes Page - A custom web page can be created to display your meeting minutes to the public, You
define the layout. The cost of developing the minute's page is covered in the services area of deployment but the
ability to use custom minute's pages is included in all versions.
. Convert Attachments to PDF -Automatically convert all attachments to POP for presentation to the public.
MuniAgenda uses a conversion tool that will convert most attachments to PDF on upload. The tool takes
advantage of a print driver to handle the conversion. This feature requires a single copy of the client application
the file was created to be loaded on the server. For example, in order to convert office documents you must add a
single license of Microsoft Office to the server.
. One Click Printing of Agenda - Users can print an entire AGENDA packet with one click from one single PDF
file. (Page numbering is not available in this feature). The Agenda along with all the attachments are "stitched"
into one single PDF file.
Professional Edition: MuniAgenda Professional Edition includes the Standard Edition plus the features listed here:
. External Public Item Search - This is a custom web page that allows the public to search past items for research
purposes. Users can search on item descriptions including attachments. The cost of developing the search page is
covered in the services area of deployment but the ability to use a custom search page is included in the
professional version.
. Active Directory Authentication - Users are authenticated against your Active Directory.
. Export Items with attachments to a defined directory - Clients may wish to present their board members with a CD
of all the items on an upcoming meeting. This is useful if board members do not care to navigate to MuniAgenda
using the web to prepare for meetings. Once the export is complete, a CD can be made of the file directory.
. The directory will contain an HTML page with relative links to all file attachments.
Enterprise Edition: MuniAgenda Enterprise Edition includes all the features above plus those listed here:
. Public Notification- The public can sign up to be notified via e-mail when a new meeting agenda is published.
. MuniMeeting - MuniMeeting is a separate module added onto MuniAgenda in the Enterprise Edition. It can only
be used if MuniAgenda is installed; it is not a stand alone application. MuniMeeting allows your meeting clerk to
open items for discussion and voting as they come up during your meeting. As each item is opened, it is presented
on a projection display in the room so the meeting attendees, the public, can follow along with the items as they
are discussed and voted. Your board members vote using a hand-held wireless device. Their vote is recorded and
displayed on the public screen in real time.
TECHNICAL OVERVIEW. MCCi will provide necessary consultation as to the compatibility of current hardware
with the MuniAgenda Software. Changes and recommendations will be made at the time of consultation.
MuniAgenda is a solution written in C# Dot NET. The application resides on a web server and stores data in a
Microsoft SQL 2000 database. The SQL database can be on the same server or another server in the same domain.
. Installation. Upon shipment, MCCi provides complete installation instructions. The software and the installation
instructions are shipped to clients on a CD. Client can install the solution without technical support however,
remote technical support is made available as part of a standard deployment with no additional cost. Client can
schedule time for remote technical support by contacting their MCCi project manager. This should be done with at
least three days notice to insure proper support is available. There are certain circumstances when MCCi may be
required to be onsite for software installation, and the appropriate charges will apply.
. Hardware Requirements:
Web Server and Database Server
MuniAgenda DOES NOT require a dedicated server for optimal performance. The server should have the
following hardware specifications:
Pentium IV 2.0 or higher GHZ
512 MB of RAM
100 megabit network card
Hard drive storage 40 GB
Microsoft Dot Net Framework must be installed
CD-Rom drive
. Software Requirements:
Web Server
Windows 2000 Server or higher
lIS 5.0 or higher
SMTP service running
Standard installation
Database Server
Windows 2000 Server or higher
Microsoft SQL 2000 or higher
Standard Installation
Client Machines
Client computers accessing MuniAgenda can do so using a web browser. No other client-side software is required.
Clients can be PC or MAC.
PROJECT OVERVIEW. Once a purchase order or signed contract has been received, a MCCi project manager will
be assigned to your project. It is the responsibility of your organization to assign a single point of contact for this
project. While more than one person can be involved in the process, a single point of contact for key issues is
important. Notify your MCCi account representative or project manager of the name of the point of contact. This
contact will be handled via conference calls and web conferencing. Your MCCi project manager will contact your
coordinator to run through the mockup and deployment process.
. Mockups - Each client has their own format for board meeting agendas. One of the many benefits of MuniAgenda
is that a unique agenda layout can be created for each client. Your MCCi Project Manager will work with you to
create an online Agenda that meets your unique needs. This process is handled via teleconference calls. Meetings
will focus on the layout of your current Agenda and any changes you wish to make. Once your needs are
understood, MCCi will mock-up a sample Agenda for your review. We will go through this mockup process until
your exact needs are met.
. Development - Once you approve the mockups, they will be turned over to MCCi developers to create your
specific layout. One developer will be assigned to build your layout to insure continuity on the project. The
development time frame can vary based on current workload and the complexity of your web site, however most
projects are shipped within one month of mockup approval. Once complete, your software is bundled and burned
to a CD. The CD is shipped to you via private carrier service. Upon receipt of the software, your team should
schedule a day and time for the installation to take place. This schedule should be made available to your MCCi
Project Manager at least three days ahead to insure proper technical support is on standby to answer your
questions. The CD includes complete installation instructions for our software. It does not include installation
instructions for the Operating Systems or Databases on your server. Those are provided by other software vendors.
MCCi does not provide technical support for setup or configuration of any software other than MCCi solutions.
Questions regarding Database setup or Operation System installation should be referred to those vendors.
. Project Timeline Example:
Pbase Description Your Our Team Complete:
Team days after
_ II~b:~;Dt J
1 Mockup Project Project Manager 15 days
planning for team
Agenda 4 hours
2 Mockup design None Designer 25 days
for Agenda
3 Mockup Project Designer/Project 35 days
approval and team manager
redesign based 4 hours
on feedback
4 Development of None Developers 65 days
code to match
your
specifications
5 Installation of ITIDBA Tech Support 70 days
code 3-5
hours
6 Code testing IT Tech support 72 days
2 hours
7 Admin Training Admin Trainer 75 days
Staff
3 hours
8 End User Trainers Trainer 85 days
Training 3 hours
per class
MUNIAGENDA SOFfW ARE SUPPORT. MCCi includes the first year of support in the initial implementation
cost. MCCi offers all clients MuniAgenda Software Assurance Plan (MSAP). The MSAP is designed to be renewed
each year on the anniversary date of the initial installation. The cost of the program is listed in the pricing section.
MSAP offers your organization continued access to technical support as well as solution upgrades as they are
released. While this is an optional program, it is strongly recommended due to its low cost and high value to our
clients. Benefits of the program:
. All upgrades are sent at no charge as they are released.
. Your technical staff continues to receive technical support with answers to their questions on the product.
MCCi does provide continued technical support for all MCCi applications. Ongoing questions about how to use the
software or related technical issues can be referred to your project manager at any time in the first year of use at no
charge. Technical support is provided via email or telephone during normal business hours of 8:00 AM to 5:00 PM
EST. MCCi provides level one technical support within 4 to 8 business hours. If level one support cannot handle a
question, they will escalate it to level 2 support. Level 2 support will respond within 24 to 36 business hours. Clients
can designate several individuals who are to be the technical support contacts. Those individuals may contact MCCi at
any time for technical support. There is no limit on the number of technical support calls that can be made, within
reason. Adjustments in annual support rates may be made to coincide with current U.S. inflation rates.
MCCi SOFTWARE CUSTOMIZA TIONS. The customer may elect to contract with MCCi to customize the
standard software, As the basic software is upgraded, any customizations performed will required support in the form
of updating, Customers will have two ways of paying for the required support. They may increase the cost of the
annual support agreement by 20% or pay for modifications to the customizations, as required.
CLIENT SOFTWARE CUSTOMIZATIONS. The client may also choose to customize their software internally,
without MCCi's help, MCCi is not responsible for any damages caused by the user's customization of the software.
MCCi will not be held responsible for correcting any problems that may occur from these customizations, Routine
updates to the software may affect any customizations made by the user. IfMCCi's help is required to correct/update
any customizations made by the client, appropriate charges will apply,
OTHER PROGRAMS AND EFFECTS. Upgrades to existing programs, or the acquisition of new programs from
vendors other than MCCi, mayor may not have an effect on any customizations made to the software by MCCi.
MCCi will work with the client to update existing customizations via one of the two payment options listed above
under "MCCi Software Customizations", MCCi will not be held responsible if upgrades or changes made by the
customer preclude the operation ofMCCi's customizations.
PROFESSIONAL SERVICES. Certain deployment services must be provided to insure a successful deployment of
MuniAgenda. These services can be delivered by your own internal staff or with the use of MCCi staff. In the section
below we describe the services required for a successful rollout and the skill set needed to deliver each of the services.
If you have the proper skillset on staff and the staff has time to allocate to this project, you can deliver some of these
services yourself. If you do not, you should consider using MCCi to deliver some or all of these services. Keep in
mind, you may purchase some or all of these services from MCCi. You are free to pick and choose the services you
want to handle on your own. There is no obligation to purchase services from MCCi except those provided only by
MCCi. These are the services required for a successful rollout.
Standard Services
. Item details screen - These are typically customized for each client. This screen has many names, Salmon sheet,
Executive summary, Management overview and more. We have run into an endless variety of layouts for the
primary cover sheet for an item. In addition we have seen layouts change based on the nature of the item. For
example, a resolution may have a layout different from an ordinance. MuniAgenda is designed to accommodate
these variables by making these screens easy to customize during deployment.
. Public Agendas - Each client has a unique layout for their public agenda. Your logos, your boilerplate and your
layout are all included in the public agenda we create for you.
. Workflow - Items take different workflows. The workflow model in MuniAgenda allows for the creation of form
specific workflows. Resolutions can take one workflow and ordinances can take another. Finance may have a
unique workflow compared to human resources.
. End User Training - You will require someone to train your end users. We suggest classes with a maximum of
15 students. Each class lasts about 2 Y2 hours so two classes per day are easy to deliver. Each classroom should
have a projector attached to the trainer machine and all students should be working on their own computers in
order to maximize the classroom time. A white board in the room will be useful. Trainers will require 7 Y2 hours
per day for training and can deliver two classes per day. This includes their preparation time for each class. You
should estimate the total student count to be 25 students per day of training. Although classes can accommodate 30
students, our experience indicates some students will miss their scheduled training event for one reason or another
so estimate your training days using 25 students per trainer day. MCCi provides training manuals as part of your
software purchase so you need to provide only the trainer and classroom. You will be required to provide copies of
the training manuals in paper or electronic format to each student. The manuals are provided to you in Microsoft
Word format. The resource required for this service is a person who has a good understanding of computers and
has at least one year of experience training students on the use of software. MCCi normally provides this service,
with exceptions under special circumstances.
. Administrator Training - You will require at least one or a small team of central administrators to oversee your
MuniAgenda solution. The Administrators will be managing user rights, creating global groups, overseeing site
structure and a number of key centralized tasks related to site appearance and workflows. It is strongly
recommended that you have MCCi train your central administrators and your Board Clerk. A single day of training
will save these administrators valuable time managing the solution. The administrator class lasts 7 hours and
should have no more than 8 students in attendance. Administrators should have a solid understand of your Agenda
policies and procedures. They should be at or near the decision making level in the department overseeing this
project. They do not have to have extensive technical experience but they should be at the power user level. A key
criterion for administrators is a firm understanding of the primary goals for your Agenda project. The resource
required for this service is a MCCi trainer.
. 1.t year MCCi "Hand Holding" package - Once you sign off on all of the customizations and start using the
application everyday, you may want to make additional changes. For budgetary purposes, it is best to include a
package of hours for any additional changes (customizations) that are needed after initial acceptance testing. If
you decide not to pursue this package, any additional customizations after acceptance would be billed out at MCCi
Developer hourly rates. MCCi normally provides this service, with exceptions under special circumstances. If
you have an experienced IT staff (programming capabilities), it is possible that they could make any changes
needed in the future.
Ootional Services
. WorktlowlProcess Analysis - Your current process must be reviewed in order to help establish the workflow
patterns and requirements of the automated solution. MuniAgenda has the capability for two types of workflow.
One is a push through workflow, defined by users and the other is a preset workflow set up by Admins. Analysis is
required to coordinate how these workflow options are set up in your code. Once the process analysis is complete
the workflows must be set up in your software. This task involves the analysis and the resulting setup. This process
typically takes 40 hours of work. The resource required for this service is a person who can understand your
process flow and then translate that into workflow solutions that will meet the needs or your team. This person
should be an experienced project manager who is capable of communicating with department heads and others
within your organization to carefully define their current needs. Process analysis is normally conducted by an
internal person, with MCCi's guidance. However, if the client elects that MCCi be the driving force in these
sessions, MCCi does offer this as an optional service.
. Project Management for On Site Rollout - You will require an experienced project manager to help roll this
application out within your organization. MuniAgenda touches every major department in your organization and
the rollout and deployment plan can be challenging to execute. We have found clients preferring an outside entity
for this task because they come into an organization with no existing barriers to overcome. Sometimes people
respond better to an outside authority on site for a defined period than they do to existing staff. This is not always
the case but if it is, a MCCi project manager on site may help with your deployment. The resource required for
this service is an experienced project manager who can communicate with senior managers, department heads,
board clerk and staff in a firm but friendly manner. If your project manager does not have the time to devote to the
roll out of the system, MCCi offers our resources for this service as an option.
. Custom Training Manuals - MCCi training manuals are complete training and teaching aides that will help your
users manage their way around this application. We make extensive use of screen shots to portray tasks to make
the manuals visually oriented. You may want to customize these manuals to reflect the look and feel of your
custom screens as well as your Agenda policies. The process of manual customization can be done by MCCi or
your own staff. This task can be completed in about 25 hours. The resource required for this service is a person
well versed in the use of Microsoft Word. They should be keenly aware of your Agenda polices and procedures
and have experience creating training aides.
. Customized Flash Training Videos - MCCi can create customized flash training videos for your end users.
These videos will be created using your customized solution, and will aide in the beginning and continuing
education of your end users.
. Additional Worktlows - Many Larger Cities/Counties have robust workflow rules and approval processes. If our
standard offering of workflows (10 workflows or the number purchased) is not enough, MCCi will create any
additional workflows needed per the client's request.
. Developer Training - Should the city/county prefer to have internal staff make future changes to customizations,
MCCi does offer Developer training. As a requirement for this service, developers should already have working
knowledge of ASPX, .NET 2003, C sharp, XML, and XSL T. Please contact MCCi prior to purchasing this service
to ensure developers meet requirements.
. Hosting - This solution can be provided by you or MCCi. The technical specifications are listed in your proposal
for internal hosting. You may decide not to host your own Agenda solution. In this case, you can outsource hosting
to MCCi or another qualified hosting company. Any qualified hosting provider can offer this service in addition to
MCCi. If you are hosting with another vendor, you may bring the hosting in house at any time with a relatively
small effort. Contact your MCCi project manager for details on this task. The costs offered here are subject to
change annually based on U.S. inflation rates and may be adjusted to accommodate unexpected consumption of
bandwidth and memory.
. MuniMeeting - MuniMeeting is a separate module added to MuniAgenda. It can be used only if MuniAgenda is
installed; it is not a stand-alone application. MuniMeeting allows your meeting clerk to open items for discussion
and voting as they come up during your meeting. As each item is opened it is presented on a projection display in
the room so the meeting attendees, the public, can follow along with the items as they are discussed and voted on.
Your board members vote using a hand held wireless device. Their vote is recorded and displayed on the public
screen in real time.
AGREEMENT EXTENDED TO OTHER GOVERNMENTAL UNITS. MCCi agrees to allow any
other Government agency in the State of FLORIDA to purchase items, at the same terms, conditions and pricing as
this contract during the period of time that this contract is in effect. Minor changes in terms and conditions may be
negotiated by MCCi and participating Government agencies. Any orders issued against this agreement shall be the
sole responsibility of the Government agency placing the order. It is understood that the City of DELRA Y BEACH,
FLORIDA shall incur no financial responsibility in connection with any purchase by another Government agency.
PAYMENT & BILLING TERMS. MCCi will invoice fifty percent (50%) of the total contract amount upon receipt
of signed contract. Balance will be invoiced and billed upon completion of installation. Payment will be due upon
receipt of an invoice.
TERMINATION. The services provided in this agreement will be in full force and effect for a period of three (3)
years from the date of shipment of the completed product to the Organization. Thereafter, this agreement will be
automatically renewed from year to year, provided that either party may alter or cancel the terms of this agreement
upon sixty (60) days' written notice.
TRAVEL EXPENSES. If the client cancels or reschedules an installation after travel arrangements have been made
by MCCi, travel expenses may be incurred due to circumstances such as non-refundable airline tickets, hotel
reservations, rental cars, etc.
MCCI (MuniAgend~ Clients Active/Live:
Ardmore, OK.
Augusta, GA.
Cartersville, GA.
Clearwater, FI.
Cocoa, FI.
Homestead, FI.
Kennesaw, GA.
Greenville, Sc.
Orange Beach, AL.
Rutherford, NC.
San Marcos, TX.
St. Cloud, FI.
MCCI (MuniA,gend~ Clients under Development and Implementation:
Cobb County, GA.
Doral, FI.
Jackson County, GA.
Kyle, TX.
Palm Beach, FI.
Seabrook, TX.
Miami Lakes, Fl.
Monroe, GA.
S:\City Clerk\Chevelle's Scanning Folder\MCCI Clientele Active,doc
Date: December 29. 2006
AGENDA ITEM NUMBEIb --S.-.G.-
AGENDA REOUEST
Request to be placed on:
_Consent Agenda _X_ Regular Agenda _ Workshop Agenda _ Special Agenda
When: January 2, 2007
Description of agenda item (who, what, where, how much~
fiVv
Contract award to Paul Consulting, Inc. in the amount of $ , 0.00 via State Contract
#973-561-06-1 for the administration services, installation and implementation, including
technical support and upgrades, of the MuniAgenda Software developed by MCCI which is
a division of the Municipal Code Corporation.
Funding is available from 001-1411-512-66.10 (General Fund/Software) and 001-1411-512-
46.90 (General Fund/Other Repair/Maintenance Costs).
Department Head Signature: ~l"""'~"'~''\J~~....~ ~ ~
City Attorney Review/Recommendation (if applicable): ~
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Q,/NO Initials: [#:-
DO {- I f./ 1/ -92 . c./, -/ 0 6o~4-rt:..- , '
Account Number WI - / '/ / I -572 '-1'6- '} D crlhtr 72e:;rtJ r q.1{a.; /li .
/r061/L
$59/7CJ 0
Account Balance: S!', b/ '70 ()
Description
( fob -/ b ))
(I./Ir j()
/'
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: & No
Hold Until:
Initials, P1
i
Agenda Coordinator Review:
Received:
ok
tWl
FROM:
D~. HA~N CITY MANAGER
tuJ- .'
PA L DORLlNG, ECTOR OF PLANNING AND ZONING
JASMIN ALLEN, PLANNER
MEETING OF JANUARY 2, 2007
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) AND ASSOCIATED
REDUCTION OF LOT FRONTAGE AND LOT WIDTH REQUIREMENTS FOR
PROPOSED LOTS 20 AND 25.
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 S1. 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 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-AA 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 (COmmUni, 0 . (j
City Commission Documentation - Meeting of January 2, 2007
Christ The King Monastery of 8t Clare Future land Use Map Amendment and Rezoning and Associated Reduction of
Lot Frontage and Lot Width Requirements for Proposed Lots 20 and 25
Facilities) to LD (Low Density Residential 0-5 du/ac) and a rezoning from CF (Community
Facilities) to R-1-AA (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
sized lots along the east property line where they immediately abut R-1-AAA-B zoned 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 and its impacts on the adjacent neighborhood street system
and requested that access be obtained to Military Trail through 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 with the access and this remained a major
concern. They felt from a zoning perspective, the proposed zoning is compatible. 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.
On December 12, 2006, the City Commission approved on First Reading an amended
Ordinance 59-06 and revised concept plan with Lots 1 - 6, 24 and 29 having a minimum size of
12,500 sq. ft. each and the remaining lots with the exception of Lots 20 and Lot 25 meeting the
minimum standards of the R-1-AA zoning requirements. Both Lots 20 and 25 are 11,036 square
feet and although they exceed the minimum lot area of 9,500 sq. ft. they do not meet the
minimum lot frontage and lot width requirement. Pursuant to LDR Section 4.3.4(K)
"Development Standards Matrix" a minimum lot frontage and lot width of 95 feet is required for
corner lots. A proposed lot width and lot frontage dimension of 89 feet is proposed for each lot.
Pursuant to LDR Section 4.3.1 (D), lots or yards created after October 1, 1990 shall meet the
minimum requirements established by Chapter 4 unless the City Commission declares at the
time of approval of an associated development application that it is necessary and appropriate
to create such nonconformity. Pursuant to LDR Section 4.3.1 (D) the applicant is requesting the
following relief:
. Reduction of required lot frontage from 95 feet to 89 feet; and,
. Reduction of required lot width from 95 feet to 89 feet.
The requested relief with respect to lot frontage and lot width is noted in the following table:
95
95
100
9,500
89
89
124
11,036
95
95
100
9,500
89
89
124
11,036
2
City Commission Documentation - Meeting of January 2, 2007
Christ The King Monastery of St Clare Future land Use Map Amendment and Rezoning and Associated Reduction of
Lot Frontage and Lot Width Requirements for Proposed Lots 20 and 25
The proposed reconfiguration of the property allowed for the creation of larger lots similar in size
and dimensions to the R-1-AAA-B requirements for approximately the north one-half of the
parcel. In so doing it created nonconformity with respect to the lot frontage and lot width for
proposed Lots 20 and 25. Lots 20 and 25 are interior to the subdivision and exceed the 9,500
square feet minimum lot area requirement. As stated above the reduced lot frontage and lot
width will allow the creation of larger lots along the northern perimeter under the proposed
development scenario.
The justification provided by the applicant is attached and a summary of the reasons cited for
the reduction request is noted below:
"The reasons for the proposed reduction in the lot frontage and width requirements relate to the
restrictions being placed on other lots within the property contained in the Plan. The reason that
the other lots were restricted was to establish identical lot sizes to the lots immediately joining
them. This is a higher standard than is required for a future land use change or a rezoning. The
Plan has been revised so as to place a condition upon 5 lots in the northern quadrant of the
property that they be not less than 12,500 square feet. Increasing these lots sizes resulted in
reducing the lot frontage and widths for Lots 20 and 25. Even with this reduction, Lots 20 and 25
could allow for a home to be constructed with a width of 64 feet within the required setbacks,
which is generally speaking, as large as or larger than other homes in the area. Furthermore,
even with the reduction, Lots 20 and 25 will be 1,536 square feet larger than the lot size
required for the R-1-AA zoning district. Additionally, since corner lots require a width 20 feet
larger than interior lots, these lots are still 14 feet longer than interior lots would be.
Accordingly, the homes to be constructed on these lots will still meet the minimum lot size
requirement, allow for full size homes, and be in conformity with the surrounding neighborhood':
As the reduction in the lot frontage and lot width has been created in order to provide larger lots
adjacent to the neighboring properties it is appropriate that the City Commission determines that
the reduction request is necessary and appropriate.
Since a new first reading of the enacting ordinance is being considered, the letters and petitions
that were previously provided to the City Commission at the meeting of December 5, 2006 are
attached.
Approve 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 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, except for lots 20 and 25 in which the lot frontage
and lot width on both lots shall be allowed to be reduced from the required 95 feet to 89 feet
3
City Commission Documentation - Meeting of January 2, 2007
Christ The King Monastery of St Clare Future land Use Map Amendment and Rezoning and Associated Reduction of
Lot Frontage and Lot Width Requirements for Proposed Lots 20 and 25
from the required 95 feet to 89 feet based on the City Commission finding herein made that it is
necessary and appropriate to create the nonconformity in order that compatibility can be
accomplished.
Attachments:
Planning and Zoning Board Staff Report of October 16, 2006
· Ordinance No. 59-06
Applicant's Justification Letter
· Letters of Public Comments and Petition
4
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 COMPREHENSIVE
PLAN FROM CF (COMMUNITY FACILITIES); TO LD (LOW
DENSITY RESIDENTIAL 0-5 DUlAC); 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 P ARTICULARL Y
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
(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, notice has been sent regarding the reduction of the minimum lot dimension
requirements as set forth in Section 4.3.1 of the Land Development Regulations; 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 du/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 ofthe 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, except for lots 20 and 25 in which the lot frontage
2
ORD NO. 59-06
and lot width on both lots shall be allowed to be reduced from the required 95 feet to 89 feet based
on the City Commission finding herein made that it is necessary and appropriate to create the
nonconformity in order that compatibility can be accomplished.
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
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
--------.---------------------aw~~----------I
I
I
\
i
1--------.,
! )
,Ifro .....~ "
IN E-<o I
r Sa i
, ,
i i
I .on :
r------- --1
i I
i
i
i
i
i
i
i
~~
~
(------.---------l--------l----~--l
. I ('~ :; , .., uS
i '~bSl '~gSl
: i ~ "'::; I ~ ::; I
, "
~. : GIz i i ~
I'" !( 0;:; , .
: ~ ~ ~ 0'1 i--I,!01....---+---_~~_
I ~... -< : : .
r g~ I I '
I (I) : "l~ : . !
: l'h '" I (h ~~ i
I :~ g~ :~ 3~ :
; I ~ I r! !
L-------~~_______J__~~___J___~~~_) ~,
.~---------~-----------I---~~....L--
/ ,
( r--------T--------l ! r----rn----T-----
, . I . I , I
I i - .. ::i '- PI ::i i i I :
: ~ b ~ i ~ b ~ :' :I~ ;: ~ I
I "'::; : "'::; ,I,~ 3~ I
L----~!..---1_____~____l i i i
: I : Ii,
! ., ~ ~ i., ~ ~ ! i --I --:m----;-----
I~ ~~ :~ ~il I.. I
: 0. I 0. : I 'I~ ~ ~ I
, L .tel ' .tn I, '" b ~ ,
I . ---------+---------1 I: '" VI I
. I . I I 0:. .
I 01 ~ 1 I:j a; : N a; 1 ~ 'I. , j
I I io E-o Gt') I io E-< VI I 1--..._-4_....__..--4
~ I,',' :!! 0 >1 " :!! 0 >1 ,",' .II :
,----.....-----1 . ,. ..::J~ I" ..::J~ ,I, I
, . I 'I- ' -I' 1 I", ~ ei '
1m ~ ~ I I .._~~----t----~..-- :ce g ~ i
i~ 3 ~ i i ~ ~ II ~ a; i I! 0: i
I b : I ,'~ f-o ~ io E-o~ I' I I----------t
L___..a..___...J I ' .... 3 st 'I' ~ 3 ~ . I': sn 1
. ", " I 0. a.: .
I I .tn: ,tZl ......'" J'
: ~ ~ : I .----------t----------. I i~ 3 ~ '
i~ 3~ ! I! 10 a; i ~::i ! I: 0: i
, "I",...;ll '''' "'11l ',I :
I '" I I '" 3"1. I'''' 3 - I ~---------I
L.____=-.___~ 'L: ::: , ::: j: i :
l \, _.~L____l____~lli____ )," t~ !
~::i .....l VI I
"'. \ "-.. C:> ,/ /0-........ 0\ .
q~ ...A -~--------------------- I ......__ '
~-, /,- " .. ,'-. I
. " <.....- ,
,/' , .----r---n-r--.---T---. . .......i
./. " , . .', .
/.. , I ., .
v". '.g~ ,I <n~ ! ~~ I ~~! '. ~~ !
I ~ <I~ ...... IV) f-o VJ Jln f-oV) . ~ tti \ f-o N t
I 3~ l 3~ I::: S~ F 3~ I 3~ \ 3~ !
! i ! _ ! _, \ !
L--------ul.__..____i__:___i__ ~ --j---------L-_..__---i
,..
E-4
H
!Xl
H
:r:
:x:
~
u
U
j Ii
~I
U
~I
II
z
EB
z
j
~
~
ILl
~
(f)
~ 8
~ ~
~ boo::
~ ~~
\ "::;;
~ ~~
,J <0
_ ~Z
PLANNING AND ZONING BOARD
CITY OF DElRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
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-AA
(Single Family Residential) (Quasi-Judicial Hearing). .
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 .'
O.,.Sdu/ac)
R.1-AA (Single Family
Residential)
Adjacent Zoning................North: R-1-AAA-B (Single Family
Residential)
East: R-1-AAA-B.{Single Family
Residential) ihpart 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....................
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-AA fora 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 LOR 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 Sf. Clare is .Iocatedon 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 wasR-
1-AAA-B. With the Citywide rezoning in October 1990, the property was rezoned to CFCommunity
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 thatthe.cost ,to build and maintain the proposed facility
was prohibitive and the development proposal wasaband6ned.'
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
rezoningfroni CF (Community Facilities) and R-1-AM-B .{Single:Family Residential} to PRD-5
(Planned.Residential Development - 5 units per acre). At that meeting, there was significant public
commentopposing 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
applicantto 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}toR-1-AA 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 itsCF (Community Facilities) zoning classification.
Florida Statutes 163.31873 - Small Scale Land Use Map Amendments:
This Future Umd 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 sam~ 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 g6als, 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,
a 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 overal/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 infil/, 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)""(Futui"e 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-AA (Single Family
Residential) allows single family residences as principal use per LOR Section 4.4.3(8). Table L-7
"Land Use DesignationlZoning Matrix," of the Future Land Use Element, shows that the R-1-AA
zoning district is consistent with the LO Future Land Use Map designation. Thus, positive findings can
be made regarding consistency of the FLUM.
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be
based upon the following findings:
Q 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 O(,._Jer 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.
Tf}e requested designation of L[)is consistent with the predominately residentiafcommunitygoal of
the adopted Comprehensive Plan, consisJent with the objective. to compliment adjacent land uses
and fulfill policies by providing a variety of housing types to accommodate the.diverse mak€3Up 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 FLUIIA map, the subject property is currently surrounded on the north. and a
portion of the east by to (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. n
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 andthe 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 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.
P & Z Board Staff Report October 16, 2006
C~rist 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 an<:l 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 residentiar 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 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. . 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 subjecUo this provision. However,
consideration should be given to the compatibility of the prdposal'with respect to the prevailing
land uses. The following table details the lot size and dimensions of the surrounding residential
properties:
North side of subje.ct Undeveloped
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 OC4vller 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 Policy A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall
be reviewed in terms of their potential to negatively impact the safety, habitability and stability of
residential areas. If it is determined that a proposed development will result in a degradation of
any neighborhood, . the project shall be modified accordingly or denied.
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 Tflis traffic circulation
pattern has been proposed to address neighborhood concerns over the proje9t'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 acr~s frornCF 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 1 0-8-3 "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 respectto traffic concurrency
can be made.
Solid Waste: The Solid Waste Authority indicates that ithas 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
C.hrist 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 (LDR) Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for
each unit. 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 beeR 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 arid 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 Churchl 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' x11 0' 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-AA zoning district, single family detached dwellings are permitted asa principal use.
The applicant has submitted a conceptual plan that complies with the minimum lot dimensions
-required in the R-1-AA 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 ~n be made.
P & Z Board Staff Report OCluoer 16, 2006
Christ the King Monastery of St Clare - FlUM Amendment and Rezoning
Page 7 -
Required FindinQs: (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 -
PIan Consistency, and Compliance with the Land Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously
disclJssed under the "Future Land Use Map Amendment Analysisn 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(0) (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 RezoninQ Actions): Standards B, C and E are not applicable with
respect to this rezoning request. The applicable performance standards of Section 3~2.2 are as
follows:
(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.
(0)
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
CQrist the King Monastery of St Clare - FlUM Amendment and Rezoning
Page 8
The following zoning designations and uses border the property:
Direction
Zoning
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:
UThe 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 '~ H of
the Comprehensive Plan which calls for the preservation - and maintenance of stable
neighborhoods. n
As stated above, the proposed R-1-MSingle 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 ofthe Lakeview neighborhood and vary between 2;units per acre to 3.48 units per acre
inthe 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&213 (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 75195 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 StClare, 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-AM-B, the Lakeview Subdivision is comprised of both the R-1-AM-B and R-1-M zoning
classifications.
P & Z Board Staff Report Oc,~Jer 16, 2006
Christ the King Monastery of St Clare - FlUM Amendment and Rezoning
Page 9
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 isa comparison of the appraised property values between the R-1-AAA-B and R-t-
AA zoning district sections of the surrounding neighborhood. No appreciative difference is
shownbetween.the two zoning districts.
Section 2~4.5(DH5)(RezoninQ FindinQs):-
Pursuant to Section2.4.5(D){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 ~oning inappropriate. The applicant states:
"There has been a change in zoning which makes the current zoning inappropriatfJ. 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 ten(Jis 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
Cprist 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.
Asrtoted previously, compliance with the Land Development Regulations will occur during the
subdivis!on 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:
· Neighborhood Advisory Council
· Presidents Council
· Shadywoods Homeowners Association
· Lakeview .Civic Association
.
PROD
Sherwood Park Civic Association
Hamlet
.
.
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 OClVoer 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 H-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(D}(5} (Rezoning Findings).
~-~ -/"" 11 ':;;;I~ \l<>".tr:\t '\ "H~~!~ 0/1 ~- !~ rc '-""'r rY;'~ '\-1~~ ~"' ~~- ~~" -~~~"', ~.
~~~~ ~~~
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
.~~ ..
C. Move a recommendation of denial to the. City Commission for the Future Land Use Map
amendment from CF (Community Facilities) to LO (I,.ow Den~ity 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 factand
law contained in the staff report, and finding that the request is inconsistent with the
Comprehensive Plan, anq 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 Comm1ssionforthe Future Land Use Map
amendment from CF (Community Facilities} to LD (Low Density Residential 0-5 dulC)c) 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.
, - - - - "- - -- - , - ~ - , ~ -, -, ~ "
;' } &~~f fA\~~1~' ,t;1~;(0(GUi/Lk~!~~; ;:Jt!r/~\-~[ t\~yf~ ~ 7 ,Vu '-: ,<.~: ,~
~~--~~~.~-~~~-~~~~
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
z
-----...
----..-
'"
z;
o
0"
_0
~..
0..
z
...
...
o
..
"0
"0
"'.
z
....
:0..
:0"
....
.
I
I
~
I
.
M
J
I
o
I~ M
-h ~
tJo ~
~~ ~.
~~ ~
ii~~
1~'61
h~ hi; !
~Ul ~ Q . :
II ~ ~
>rl j
~ ~l
U) IIi g.
& i==, .~
~,di
::> .1.
glH'
~ ;!I!
Q. il
<e. I
;,;m
"
;..
..
ci ...
..
.. ...
> ..
.. 0
..~ .. ..
..
"
. 0
.0
0 ..
" ..
.
~ i i J _ II
:~ II i ,! hli
I~! IS ~ i II Illi
!U~~gll ~!II;dt~t"II':
~~'~'..'. :~t-f-.i !
t~I~'::;~~ u~:.;:. 8
~~..~....~. ua..lo.. ~
....,-..,--.,~
I
f J f
! 'Hf! I
f eli!jlH1lf
~ Ill!:."
I ;~~:O:I~~:~l
;.=
b
o
on
..
..
..,..
.'"
....
o
..
..
..
..
~
..
.....0..
... .....
~.~ .~
~~~
~~
..? ~
....
......
.-
-4"~
..... .r
...
.....
I
r
.~
.,:;W wc~
"'I ..-- ....
.'" eon. .~ ...;JJ..
,A.,;.......- ..~
----' .~~
:A; ._
""'I .;- ...
;~
:t
..--
''It
'"I
'l. ...
IA
..
'it
'r
:1:. ,...
..
o
z
....
--...
~ I. .~.
"'I"
.... 'l" '-
'"145
~'="
W.T PLAtTED
fRAC'-.- L-AICEvtIlEW
....AT .001: ~o PAOEI 'loa..
*
t
i
\01
=m~
Ii
~
l:
.
g
i
b
I
I
U~!
n i!!-~
; 15:1 ;'1 i
I
I
""
z
!i2 o ~ , ~
IU~ .8 :J: <J. I~ ...c
,gi h~ ~z~ 0
"c" n'~ I' :31-
:J:~> .. ,w Q.;o - -s J ...c
---. !~
jii! 0 ~~5 iJJJI 'U~_ o IN ~
ih: ~ ~ Hit I~L~ I: .81
!.. UIIlW
.LN3HON3HV HOl:IIsNINOEH
III
w~:513
~~Sr:;
:J~CJ:J:
uo<u
III a
c(
L
- ---<lKA:ft108 aGannlS B
.. III
~h9 ~
~- ~
Nolo -'
[B
~
i
~
~
· r--~----, I ~--------
I. f(" I" or
I~ ....0\1 I I~ "'0\1
"1 g~'" I 9 s~
I I C"I . I I ....
. : .... : ': -
-l
jrf
z
E9
DOl
~!
w'
liii
. I': . -: nl ..: I: _" t.: ..
" ao"" 1,1 f"'-It: It" "'": III .....~~ "1' ...~
I ~ I I' ...'" , I ...'" , , ...- I I~ ~
'a ::fill. : ~.A. S.~ : bj 3~ ll~ Q~l stJ-
I~". 0.1 1,,- 0. I I~ - 0. I' ~ 0. I - .,;r
~______J : !-~____J ~ L_____~j ~ L______J .: t________
L~_1__~__LL"_L_L,,__J:___
I
------
I . .-_.JiJI___
- !..~.::i
I::l I l::~
~. : ~~ ..,.
L L_~___
I ;:.:m:.::..:.
( b'l;:~
I I I S~
Nt I : I i- ~:--i!:=~
I i I~ ~~ i I I :. i ~::i .
I L--lm""----~~-XT"--J: r: 3 ~
U!~-~i~1 r-~~:'::"1l i --II ~:=~":=~
........l ~g ~ t I -
... d I QT S!'i I I S tI. I ri:I :~::i...
... : ~ I ~ I ... ~ I .. · s'"
DtO .,-:~m;-:.-:~~-----~-J J-I J:--~-::_.:_
,. J Q ,. r--------
;;;I-- --- -----__#.___' ,.
-----r*- -----~~~-r---~^',( ~h
.....1 . I "",,"', -
-----~ · r. --- .. ------, latr z__~ I r-------, I r- "IlL '~....I
R" ~ ~.; ~ !::i .-: I I .: I: ~ ~ : I: :r~',,, "...
!::~ I ~...~ ~ b'--: f < ~ : f;J ~"'II f: l::gj ....r"
~~ ~ 3~JI.: : ::r~ I ,..'" ~: 9~ I 11..~::f '0.'"
~r I : I.... · I -- ,II I ~- , "
. I I . .. . "', "
~;"s:t
i'jU"u
N .
.~
i
I
z
E9
t
e;'"
~i39
N~
9
tiff
!II
ilf~
ill
z
E9
~
~
~~
-Ii
e; ~ ~
;l;..S'? Z~50 ~
~o~r; a~-'~ g
.. ..
~
...~
_--"SI"'~'--~ ~. __ ..._..___....._...~~......_-.:JiIl__... ,.____ ~..__ .....~_
7~~]~~~g IT I
t~ LAS
~ 0 C_
DUNCAN
V ~~ ~~
~~~0LJ';h~r;c,
BOULEVARO
CANAL I.. L-36 L-........
.~ POC]JJJ. SAD. ~
W 'f ~I I OSR
L F SOUTH COUNTY C F I--~ D ~ARK
CF 5 ~~~TH
--, I · ~mpOC- TI TI ~ - ~ CF
Elllllmlllllll~ollllllllllllll ""IITIIDI ~ ~ ~ ~~-:;ir '=0 ~ ~~ ~
WillJ ~~ ~ L" J:=
I R==lllllllll 111111 ~ \. ~ <= Uj II RD !ii:=
U111lIWiliJ = IIII1 "Wlill E=E; llliWWl1IJ ~ I '\<~ "p C LOS..., t:::~. e::: g
T ..... I. I I L il" __"" \\!Tlf II III1 \ V viiTf ~ '--'
::: - ~I 1111111111 111 11111111111111 f JlIIII" 1
= ~ I III/I II 11111/1 I : I r II T~
--:- ~ l.N(f 8OUl.EVAAO
= =1 I HI 61 T /I III1 I I III I r-
= IllfH '""' I 1111111 I 1111111
- ~ '"
=~'II.1I111 111111-.
= . 141TIIIIII 111111-
-
== II I II '"'"11 T 1111'111111 IIIIIH
1= II I 'I 111111111111111111 IlIlff-=!
1= III 11"'" 11~1I111'1 11 H5IIH
1=' ,., 11III1 T I~ II111I1 N IT 1llllH
I--
1= III 111111 II1I 111111111 I III I III
-
-
CANAL L 35
LINTON
OF:UlA Y
UCDICAL
aNT<R
,..
~
r CEN~
p~
PAilI
COURT
PLAZA
N
~..-t.-/~, ~w OS , u.>-'
~Em <', H ~ '\~ll
~ ~ IT" .~
OS~
VTTl I I I T\. -;
......... ~
I I I I I I
LOWSON BOULEVARD
C" lu E R ,II 0 0 D ~ R-" -A 'A-B
PARI<
~
~
SH€RMlOO
011/
CA cue
CH
I I I I a
I I I ~
I 1111/"'- I I
OSR = V -
c~~s< \."'SJ I I L
~ -I II
CF
R-1-AA
I I 11J I II J n
h~P"" . ""'".""111.'( ....h
I---l Y I nY I
- 5 ~.~ '-'
OS -{
~ t PRf SOOTH
I T I ~i(j I I 11 1 T
CITY or DELRAY BEACH. FL
PLANNING'" ZONING DEPARTMENT
CHRIST THE KING MONASTERY OF ST. CLARE
- EXISTING ZONING DESIGNATIONS-
-- OIGITAL BASE MAP SYSTEM --
MAP REF: LM894
= -~I 1111111111111 I II 1III 11111111111 1 ~~" ~~ \ f I-Y'
=~ III III1I I 111111 III IIIIR
t= R -~ ..... lIOOl.EVARO ~~ "AML'OS~
I I 161 M I 1IIII1 III TTTTF
:= I /j:;1 IIIJD II I1II I IIIII11I1
-
i= II I I 111111 I I 11.1111 II 1I1111~2 OSI ,\1 ~1
t:: II I I 111111 H k.l141 filii II 1111 II- " Ww-7
~ ~~
~ II III 1111111 I 1111111111 1I111H
f--
~ II III1 1111111 I III 1111111 111111=1
f-
f-- ~IIIIII 11111111 IISIII 1111111 11 H6IIH I LD
t:: ~I 1111 lillI/II II ~IIIIIIIIIN TrnTR Jl
I II1I 1111111111 III III/II I ! 1I1II III '\ J
f-- ....wow '-
-
-
7~)( )~~ I
LOWSON aOULEVARD
c 11-1 E R \ 0 o D ~ I
-' R I<
:;;: P A
"""'" I!:
""'l<- SHellWOOD
I I I I ~ hi I I 15
~~ LAS I rr ~
Dill I I I 7 ~ T I
~ ~ C_ CA ~ ~~
CH
~
I--
.~. V RO'S ~; CF U,KEIfE:W ;sf I I I
GOlF COURSE:
/ T II
DUNCAN OS
CEN1fJl F
~ EJrJf\t<23LJ : r TTT h
PAlM , rnny U 1=
-( .( I II -'"'- I---
DELRA Y - C" H slF h
TOMN CENTER -Ii 1 >> P IV T T ~
~!;J> ~
5f OR; SOUTH I.J
~ ifi I I)
LINTON OULEVARD
\ . ~,... ... CANAL L~36 c:::
~ PAUl LlY - ~ . TRN n::
COURr
CEN R CONOOS Pl.AZA C>PLAZA
0fiRA Y 'T ~.j / .
IIEDlGAl.
CENTFR
CF CF GC Ls sooftu"TY =~
I/ENrAL HEAL TH == ~ PIIRK
0 CENrER ==
1Il
WAL-AlART SOUTH COUNTY PROF'. IH~ == ~
I CEN1RE CONDO ~ 0 ~ r] ~( CF
1 1111111I1111111:::::t=l11111111111111~amn ~~ ~c~ r A D --'-'-- - ORCHARD IfEW
==- nDlOIrARY
-= SCHOOl
~ I == -J
N TRY ~ L- -~~ IIIII 1=
c 0 U K E Q~ '" ~ 1illr~ f-- Ir:-:
L A ~~ \--
lllill ~
[ III K~~L" OS ~ Gd.~ I--
:I llillliUllllJ = 11111111111111 ~ UUW UllliJ i;::: t=
I-
1=
-< I I CASA ..... , \ ~ III1I1 III \\ Y VI TI\".. ~
N
-
CHRIST THE KING MONASTERY OF ST. CLARE
- EXISTING FUTURE LAND USE MAP DESIGNATIONS-
CITY OF DELRA Y BEACH, FL
PLANNING'" ZONING DEPARTMENT
-- D/C/lllL BASE MAP SYSTEM --
MAP REF: LMB94
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
SHAYNA M. REITMAN
OF COUNSEL:
ROBERT MARC SCHWARTZ, PA
Florida Bar Board Certified
Real Estate Lawyer
December 22,2006
Via Hand Delivery
Mr. Paul Dorling
Director of Planning and Zoning
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Christ the King Monastery of St. Clare
Our File No.: GIUA002
Dear Paul:
This letter is a justification regarding Section 4.3.1 (D) of the City of Delray Beach
Land Development Regulations ("LDRs"). Section 4.3.1 (D) of the LDRs states that "No
yard or lot existing at the time of passage of this chapter shall be reduced in area or
dimensions below the minimum requirements set forth herein. Lots or yards created after
October 1, 1990 shall meet the minimum requirements established by this chapter unless
the City Commission declares at the time of approval of an associated development
application that it is necessary and appropriate to create such a nonconformity."
In conjunction with proposed Ordinance 59-06, our client is requesting a reduction
for the lot frontage and lot width requirements for Lots 20 and 25 on the property
("Property") as shown on the attached plan ("Plan"). We are requesting a reduction in the
required interior corner lots in R-1-AA from 95 feet to 89 feet, equalling a reduction of 6 feet
per lot. The proposed lot square footage, which is approximately 11,036 square feet, is
larger than the minimum required 9,500 square foot lot size within the R-1-AA zoning
district. Additionally, the proposed lot depth of 124 feet is 24 feet greater than the
minimum 100 foot depth required in this zoning district.
The City Commission should be compelled at the time of the future land use map
change and rezoning to declare that it is necessary and appropriate to create such
nonconformity. The future land use change and rezoning is an approval of a development
O:\GIUAOO2\Letter to Dor1ing re justification. Dee 22, 2006.doc
Mr. Paul Dorling
December 22,2006
Page 2 of 2
so this is the appropriate time for a determination on this issue.
The reasons for the proposed reduction in the lot frontage and width requirements
relate to the restrictions being placed on other lots within the Property contained in the
Plan. The reason that the other lots were restricted was to establish identical lot sizes to
the lots immediately joining them. This is a higher standard than is required for a future
land use change or a rezoning. The Plan has been revised so as to place a condition upon
5 lots in the northern quadrant of the Property that they be not less than 12,500 square
feet. Increasing these lot sizes resulted in reducing the lot frontage and widths for Lots 20
and 25. Even with this reduction, Lots 20 and 25 could allow for a home to be constructed
with a width of 64 feet within the required setbacks, which is generally speaking, as large
as or larger than other homes in the area. Furthermore, even with the reduction, Lots 20
and 25 will be 1,536 square feet larger than the lot size required for the R-1-AA zoning
district. Additionally, since corner lots require a width 20 feet larger than interior lots, these
lots are still 14 feet longer than interior lots would be.
Accordingly, the homes to be constructed on these lots will still meet the minimum
lot size requirement, allow for full size homes, and be in conformity with the surrounding
neighborhood. Given the desire to create lots of an identical size to the lot sizes that border
the northern quadrant of the Property, decreasing these lots in the southern quadrant of
the Property by a mere 6 feet is necessary and appropriate.
se contact me should you need any additional information.
ve~~ln~ .
MJt~. Weiner ~
MSW: smr: ysg
Enclosu re
Cc: Mr. Angelo Ray Giudice (w/o enclosures)
Mr. Jess Sowards (w/o enclosures)
- Jason S. Mapkoff1 Esquire (w/o.enclcsures)
Shayna M. Reitman, Esquire (w/o enclosures)
Ms. Ashlee L. Vargo (w/o enclosures)
0:\GIUA002\Letter to Darling re justification.Dee 22, 2006.doc
3674 Lakeview Blvd
'. :De~~y ,~~ach,FL 33~445
. __ ....' October 9,2006.
;.'1, ,_.
"".- .'
City of Delray Beach
Planning and Zoning Board
100NW 1st Avenue
Delray Beach, FL 33444
Re: Christ the King Monastery
Dear Chairman Kroll and Board Members,
The purpose ofthis 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 theR-lAA
zoning designation. This zoning designation allows smaller lots sizes than are adjacent 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.
Ourhorrte is thiee 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 h9~esto be yie~ed). For
- it . _ '_' ._' _ ,; _' I .~ . _ '_ '.
compatibility reasons these parcels should be developed likelJiq.se. iD;:t}ie:Sh,ervv,q()dPark
and Lakeview neighborhoods. The City has coordinated with the applicant to erisuie-
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-lAA 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-lAAAB. These
lots are not viewable by the lots zoned R-lAAAB.
For the above reasons, please consider designating the property with R-lAAAB 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, .
f~C(-~' .~j/1- ~
Karen A. Kiselewski & Brian R. Link
r4ECEI\/FC
OCT 1 1 2006
PlANN!NG & ZONING
Page 1 ofl
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, Fl33445
Tel 496.0702 or 272.3232
1 f\", ", f\f\t:;.
Page 1 of 1
Allen, Jasmine
From: Dorling, Paul
Sent: Tuesday, October 03,200610:42 AM
To: Allen, Jasmine
Subject: FW: Rezoning of Christ the King Monastery of St 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
dorlinap@ci.delray-beach. ~ .us
From: elaineStuart@att.net [mailto:elainestuart@att.net]
Sent: Tuesday, October 03,2006 9:52AM
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 Plaiming and Zoning board's decision to not allow
townhouses for the rezoning of the Christ the King Monastery of 8,t 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 of the 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 foryour time.
Elaine M. Stuart
3397 Lakeview Blvd
Delray Beach, Fl 33445
Appraised Value Comparison
"~--- --~~ --- - --- - -- -----~ ~- -~~- ~--~~- -~~-----~~~~---~'"";
, - '"-,,Ljt,p "l:\p)'1~A'[;;I~ -~fl 1 \ ...... A
j~yt~ :-\~pl;:R~::'-' ~ - '~-:-'~~;'-' i1iYt?~ 1f!f~1~,\<'tll~ {
,-" "-, '~)kjr,;:~-, {~W~ ~- - -,' -r: 1
Sherwood Park & Lakeview Subdivisions - (Lots within 500 feet of the subject property)
12-42-46-24-01-006-00723803 SHERWOOD BLV
12-42-46-24-01-006-0071 3819 SHERWOOD BLV
12-42-46-24-01-006-0081 3837 SHERWOOD BLV
12-42-4~24-01-OO6-0092 3843 SHERWOOD BLV
12-42-46-24-01-006-0091 3897 SHERWOOD BLV
12-42-46-24-01-006-01023907 SHERWOOD BLV
12-42-46-24-01-006-01013911 SHERWOOD BLV
12-42-46-24-01-006-0111 3913 SHERWOOD BL V
12-42-46-24-01-006-01123931 SHERWOOD BLV
12-42-46-24-01-006-0122 3935 SHERWOOD BLV
12-42-46-24-02-007-0010 3934 SHERWOOD BL V
12-42-46-24-02-007-00203930 SHERWOOD BLV
12-42-46-24-02-007-00303926 SHERWOOD BLV
12-42-46-24-02-007-0040.3918 SHERWOOD .BL V
12-42-46-24-02-007-0050 3910 SHERWOOD BLV
12-42-46-24-02-007-0060 3906 SHERWOOD BL V
12-42-46-24-01-005-01213631 SHERWOOD BLV
12-42-46-24-01-005-01313711 SHERWOOD BLV
12-42-46-24-01-005-01323721 SHERWOOD BLV
12-42-46-24-01-005-0141 3725 SHERWOOD BLV
12-42-46-24-02-008-0010 3724 SHERWOOD BLV
12-42-46-24-02-008-0020 3720 SHERWOOD .BL V
12-42-46-24-02-008-00303712 SHERWOOD BLV .
12-42-46-24-02-008-00403706 SHERWOOD BLV
12-42-46-24-02-008-0050 3630 SHERWOOD BLV
12-42-46-24-04-003-01003637 LAKEVIEW BLV
12-42-46-24-04-003-01103655 LAKEVIEW BLV
12-42-46-24-04-003-01203673 LAKEVIEW BLV
12-42-46-24-04-003-01303691 LAKEVIEW BLV
12-42-46-24-04-003-01403699 LAKEVIEW BLV
12-42-46-24-04-001-05103620 LAKEVIEW BLV
12-42-46-24-04-001-05203638 LAKEVIEW BLV
12-42-46-24-04-001-05303656 LAKEVIEW BLV
12-42-46-24-04-001-05403674 LAKEVIEW BLV
12-42-46-24-04-001-0550 3692 LAKEVIEW BL V
12-42-46-24-04-001-0560 3702 LAKEVIEW BLV
Average
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R~1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R~1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
$285,217
$213,512
$308,395
$250,103
$297,776
$269,372
$201,263
$218,131
$244,553
$335,205
$426,812
$222,406
$326,975
$178,811
$240,509
$320,432
$276,048
$202,546
$341,733
$252,210
$204,023
$215,018
$137;374
$206,434
$204,361
$173,731
$170,007
$206,613
$176,704
$289,159
$190,923
$140,956
$211,158
$201,597
$223,821
$337,386
$241,702
Source: Palm Beach County Property Appraiser
$175,619
$141,389
$127,250
$141,389
$141,389
$141,389
$141,389
$141,389
$141,389
$141,389
$141,389
$104,500
$141,389
$141,389
$141,389
$141,389
$175,619
$175,619
$175,619
$175,619
$141,389
$141,389
$141,389
$141,389
$141,389
$141,389
$141,389.
$141,389
$141,389
$141,389
$162,360
$162,360
$162,360
$162,360
$162,360
$162,360
$148,221
$460,836
$354,901
$435,645
$391,492
$439,165
$410,761
$342,652
$359,520
$385,942
$476,594
$568,201
$326,906
. $468,364
$320,200
$381,898
$461 ;821
$451,667
$378,165
$517,352
$427,829
$345,412
$356,407
$278,763
. $347,823
$345,750 .
$315,120
$311,396
$348,002
$318,093
$430,548
$353,283
$303,316
$373,518
$363,957 .
$386,181
$499,746
$389,923
Appraised Value Comparison
;- ----~--u---- - - - --~--~~~~-~-~- Jll.1~rfo~~8~~~~~~~
, ,,y:',, ,'.r."j,.;,.- = - '_",', '''ilIJ.:'' 't~"l':,!olJ"!l;
, .. ~ - . j!lj;1rilii~ .'€,lR. -.- - : . _ ':" -.
Lakeview Subdivision (Lots outside of the .500 foot radius of the subject site)
12-42-46-24-04-001-0190 3135 LAKEVIEW DR R-1AA $403,986 $162,360 $566,346
12-42-46-24-04-001-0200 3139LAKEVIEW 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
. . $236,208 $162,360 $398,568
12-42-46-24-04-001-02203210 LAKEVIEW DR R-1AA
12-42-46-24.04-001-02303220 LAKEVIEW DR R-1AA $198,864 $162,360 $361,224
12-42-46-24-04-001-0240 3250 LAKEVIEW DR R-1AA $234,929 $162,360 $397,289
12-42-46-24-04-001-0250 3264 LAKEVIEW DR R-1AA $203,162 $162,360 $365,522
12-42-46-24-04-001-0260 3296LAKEVIEW 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
12-42-46-24-04-001-0280 3324LAKEVIEW DR R-1AA $233,173 $162,360 $395,533
1.2-42-46-24-04-001-0290 3352 LAKEVIEW DR R-1AA $195,600 $162,360 $357,960
12-42-46-24-04-001-0300 3384 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
12-42-46-24-04-001-0330 3408LAKEVIEW DR R-1AA $219,140 $162,360 $381,500
12-42-46-24-04-001-03403416 tAKEVIEW DR R-1AA $240,995 $162,360 $403,355
12-42-46-24-04-001-0350 3426 LAKEVIEWDR R-1AA $209,352 $162,360 $371,712
. 12-42-46-244l-001-o360 3450 LAKEVIEW DR R-1AA $143,207 $162,360 $305,567
. 12-42-46-24-04-001-0370 3474LAKEVIEW 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
12-42-46-24-04-001-0390 3514 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-o01-Q410 3544LAKEVIEW DR R-1AA $193,907 $162,360 $356,267
12-42-46-24-04-001-0420 3548LAKEV'IEW 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)
12-42-46-24-20-000-0010 3005 WEDGEWOOO 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
12-42-46-24-20-000-0030 3045 WEDGEWOOD BL \ R-1AA $254,215 $162,360 . $416,575
12-42-46-24-20-000-0040 3065 WEDGEWOOD BL \ R-1AA $287,811 $162,360 $450,171
12-42-46-24-20-000-0050 3075 WEDGEWOOD BL\ R-1AA $228,317 $162,360 $390,6n
12-42-46-24-20-000-00603095 WEDGEWOOD BL\ R-1AA $297,050 $162,360 $459,410
12-42-46-24-20-000-0070 3115 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
12-42-46-24-20-000-0100 3175 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
12-42-46-24-20-000-0120 3160 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
12-42-46-24-20-000-01501380 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-1M $193,942 $141,389 $335.331
12-42-46-24-20-000-0180 3070 WEDGEWOOD BL \ R-1AA $229,294 $141.389 $370,683
. Average $285,342 $153,040 $438,381
Source: Palm Beach County Property Appraiser
Qur
"bac.
easY tb view t e hew teSl ences an of 6s () e Vlewe. aetIa p 'oto
is enclosed showing the site and out home. For compatibility reasons these parcels should be
developed like those in the Sherwood Park and Lakeview neighborhoods. The Ci.ty
coordinated with the applicant.to enSure parcels on the n~)ttrr-,p~Hrl9a.i)"'ar(\y()tfipii
we request the same consideration for the eastern boundary: ... .
c~
r.... ~ ,. vV""'1.J Q<I:.'- ,
C.~ ... I~.~ 'Itt' ,ti.. \,
r:~fJ'4:~
/
Yi-"""'-
......,......~..~...
W ~ WI
]SS!Ot'lJ
,'"
For the above reasons, please consideF,>;9;~,~l~~t~~,J!1X:pr91?~~~tJI~; lAAAJ3'zo~g or
placing minimum lot size conditions ori"IDI ~8fThe'iot~on th~ eaSt~m;boundary of the'site.
Regards,
~O-.~I ~k. __
Karen A. Kiselewski & Brian R. Link
Cc: Delray Beach City Clerk (to be made part of the official record)
Delray Beach Planning & Zoning Director (to be made part ofthe application's file)
* 3674 L.akeview Blvd.
....- VieW of site's eastern boundary
:3~
.,
.. ;~
, .
- r::.. ~ '~I...""
.. "
. _lie, ....~
From: a>hee [cohee@adelphla.net]
To: Montague, Brenda
Cc:
SUb)ect: Monastery land - lakevlew/ShefWood Park
Attachments:
c:~~
....~
rfflUb~ rrr
kt^,c.,
sent: Sun 12/3/2006 4:25 PM
Dear Commissioner Montague,
first, my sincere thanks for the major amount of time and effort you are giving on behalf of our
communltyl
The Mon-.tery tand-developer has chosen to be part of our Lakevfe~herwood Park community. More
than 10..% of our community Is R -I - AM - B zoning, with the mIll exception being a very few of tne
homes that abut the golf course.
The very reasOn that communities have zoning" Is for situations such as thiS. This developer must be
r&qul-' to follow our development's long established R - 1- AM - B %00In9, with perhaPs the silme
'leSS than 10%' lower zoning classification, In the proportion we have, and onJy for homes abutting Ule
golf course.
If solid, established zoning Is not consistently upheld by a municipality, then its' zoning becomes Just a
meaningless, useless source of constant negotiation, to the very serious detriment of the entire
communityi' . ..
Please fully enforce our Iong-established nelghborhood's zoning for us, and for the Integrity of Defray'.
whole zoning system.
There Is no compelling reason to do otherwise.
WIth strong thanks for 'being there' for usl
. https:l1www2.mydeIraybeach.comlexchangelmontague/InboxIMonasterY'A>>201and%20-%2... 121312006
..
.
.Jim Cohee
3590 tak~view Drive
https:/iwww2.mydelraybeach.comlexchangeJmontague/InboxIMonasteifA20land%20-%2... 1213/2006
r.: IX , 01Ut.r
J'~tA./{'~ ,~
~......
From: Jay Alperin, DDS [drjaydds@bellsouth.net] Sent: Mon 12/4/2006 7:50 AM
To: L.evfnson, Jon; Perlman, Jeff; Fetzer, Fred; Montague, Brenda; Rita 8is
Cc:
SUbject: Monestery
Attachments:
~;~~
Dear Commission;
I am unable to attend this Tuesday's Meeting.
t wish to express my support for the compromise reached on the Monastery property.
My understanding is that the north block will be zoned R-1-AAA-B with a decoratively maintained pond on the
western half. lots 6 and 7 (SE comer of lakeview Drive) wfll be R-1-AAA-B with a condition for the depth and
width. And the remaining south side of lakeview Drive (lots 23 and 26) are to be R-1-AA but with a condition
requiring 11,780 square feet each. The remaining southem property will be R-1-AA.
.AIthough this is far from what I feel the zoning should be, it would be an acceptable compromise under the
given conditions.
Sincerely,
Jay Alperin
https:/Iwww2.mydelraybeach.comIexchangelmontaguelInboxlMonestery.EML?Cmd=open 121412006
~:~~
,.~~~ ...,.
ft'onr. KristIn [tradecj@adeIpht.net} Sent: Moo 1214/2006 12:04- PM
To: Perlman, Jeff; RIta_EllisCilmydelraybeach.com; Fetzer, Fred; Levinson, Jon; Montague, Brenda
(,:~ ~<Z1~~c-
t ~r 'hjc i: tJ-J t...
Cc:
Subject: Monastery rezoning
Attachments:
Dear Commissioners,
I am a member of the Sherwood Parkllakeview community and I am urging all of you to reject the proposed
rezoning of Christ the King Monastery of 5t Clare from R-1-AA and support the rezoning to R-1-AAA B.
I moved with my young family to Sherwood Park to enjoy the open community (non-gated), vast property and
frtendlyatmosphere. By allowing R-1-AA zoning you are taking away from the heart of what makes Sherwood
Park and lakeview communities so appealing for young families, older families, empty nesters, you name it
Every home within the 500 foot Planning and Zoning notification area is zoned R-1-AAA-B. Every home along
Sherwood and Lakeview Blvd's is zoned R-1-AAA-B.
The proposed rezoning to R-1-M will in fact take away the character, charm, size and value of our two open
communities. We are a unique part of OeIray Beach. 50% of the homes in ShefWOOd Par1<:: enjoy a tot size
greater than 12,500 sq fl ,Please help our communities by protecting us from the proposed rezoning of Christ
the King Monastery to R-1-AA. You will be ~ving us from congestiOn on our streets which will maintain the
safety to our children and neighbors. You will be preserving a special and unique way of life in Delray Beach.
Thank you for your time and consideration,
Kristin GoIdburg
***
***
eSafe scanned this email for malicious content ***
IMPORTANT: Do not open attachments from unrecognized senders
***
https:/1www2.mydelraybeach.comlexchange/montaguelInboxIMonastery%20rezoning.EM... 12/412006
Nubin, Chevelle
From:
Sent:
To:
Subject:
Jon Levinson Donlev@bellsouth.net]
Monday, December 04, 2006 8:50 AM
Nubin, Chevelle
FW: Monestery
FYI
Jon
-----Original Message-----
From: "Jay Alperin, DDS" <drjaydds@bellsouth.net>
Sent: 12/4/2006 8:41 AM
To: "Jon Levinson" &It;jonlevinson@mydelraybeach.com>;
"Jeff Perlman" &It;mayor@mydelraybeach.com>; "Fred Fetzer"
&It;Fetzer@MyDelrayBeach.com>; "Brenda Montague"
&It;Montague@MyDelrayBeach.com>; "Rita Elis"
&It;RitaElis@MyDelrayBeach.com>
Subject: Monestery
Dear Commission;
I am unable to attend this Tuesday's Meeting.
I wish to express my support for the compromise reached on the Monastery property.
My understanding is that the north block will be zoned R-1-AAA-B with a decoratively
maintained pond on the western half. Lots 6 and 7 (SE corner of Lakeview Drive) will be
R-1-AAA-B with a condition for the depth and width. And the remaining south side of
Lakeview Drive (lots 23 and 26) are to be R-1-AA but with a condition requiring 11,780
square feet each. The remaining southern property will be R-1-AA.
Although this is far from what I feel the zoning should be, it would be an acceptable
compromise under the given conditions.
Sincerely,
Jay Alperin
1
Nubin, Chevelle
From:
Sent:
To:
Subject:
Jon Levinson Donlev@bellsouth.netl
Monday, December 04,20066:16 PM
Nubin, Chevelle
FW: Monastery propety
FYI
Jon
-----Original Message-----
From: "Jon Levinson" <jonlev@bellsouth.net>
Sent: 12/4/2006 6:14 PM
To: "icohee" <icohee@adelphia.net>i
Subject: RE: Monastery propety
Thanks for your email.AsIunderstand it there has been a compromise reached between the
neighborhoods and the developer.
That should be good news for everyone.
Feel free to contact me at any time.
Best,
Jon Levinson, Commissioner
City of Delray Beach
2915 South Federal Hwy. D-2
Delray Beach, FL 33483
561-243-2690 phone'
561-243-9242 fax
561-212-2799 cell
www.MyDelrayBeach.com
www.JonLevinson.com
-----Original Message-----
From: "cohee" <cohee@adelphia.net>
Sent: 12/3/2006 4:25 PM
To: "Jonlevinson@mydelraybeach.com"
&It;Jonlevinson@mydelraybeach.com>
Subject: Monastery propety
1
Dear Commissioner Levinson,
First, my sincere thanks for the major amount of time and effort you are giving on behalf
of our community!
The Monastery land-developer has chosen to be part of our LakeviewjSherwood Park
community. More than 90 % of our community is R
- ! - AAA - B zoning, with the only exception being a very few of the homes that abut the
golf course.
The very reason that communities have zoning, is for situations such as this.
developer must be required to follow our development's long established R - 1
zoning, with perhaps the same 'less than 10%' lower zoning classification, in
proportion we have, and only for homes abutting the golf course.
This
- AAA - B
the
If solid, established zoning is not consistently upheld by a municipality, then its'
zoning becomes just a meaningless, useless source of constant negotiation, to the very
serious detriment of the entire community!
Please fully enforce our long-established neighborhood's zoning for us, and for the
integrity of Delray's whole zoning system.
There is no compelling reason to do otherwise.
with strong thanks for 'being there' for us!
Jim Cohee
3590 Lakeview Drive
2
Nubin, Chevelle
From:
Sent:
To:
Cc:
Subject:
Jon Levinson Oonlev@bellsouth.net]
Monday, December 04,20066:16 PM
'Kristin'
Nubin, Chevelle
RE: Monastery rezoning
Thanks for your email.Aslunderstand it there has been a compromise reached between the
neighborhoods and the developer.
That should be good news for everyone.
Feel free to contact me at any time.
Best,
Jon Levinson, Commissioner
City of Delray Beach
2915 South Federal Hwy. D-2
Delray Beach, FL 33483
561-243-2690 phone
561-243-9242 fax
561-212-2799 cell
www.MyDelrayBeach.com
www.JonLevinson.com
-----Original Message-----
From: "Kristin" <traderj@adelphia.net>
Sent: 12/4/2006 12:39 PM
To: "mayor@myDelrayBeach.com" &It;mayor@myDelrayBeach.com>;
"Rita_Ellis@mydelraybeach.com"
&It;Rita_Ellis@mydelraybeach.com>;
"Fetzer@mydelraybeach.com" &It;Fetzer@mydelraybeach.com>;
"jonlevinson@mydelraybeach.com"
&It;jonlevinson@mydelraybeach.com>;
"montague@mydelraybeach.com"
&It;montague@mydelraybeach.com>
Subject: Monastery rezoning
Dear Commissioners,
I am a member of the Sherwood Park/Lakeview community and I am urging all of you to reject
the proposed rezoning of Christ the King Monastery
of St Clare from R-1-AA and support the rezoning to R-1-AAA-B.
I moved with my young family to Sherwood Park to enjoy the open community (non-gated),
vast property and friendly atmosphere. By allowing R-1-AA zoning you are taking away from
1
the heart of what makes Sherwood Park and Lakeview communities so appealing for young
families, older families, empty nesters, you name it. Every home within the 500 foot
Planning and Zoning notification area is zoned R-1-AAA-B. Every home along Sherwood and
Lakeview Blvd's is zoned R-1-AAA-B.
The proposed rezoning to R-1-AA will in fact take away the character, charm, size and
value of our two open communities. We are a unique part of Delray Beach. 50% of the
homes in Sherwood Park enjoy a lot size greater than 12,500 sq ft. Please help our
communities by protecting us from the proposed rezoning of Christ the King Monastery to
R-1-AA. You will be saving us from congestion on our streets which will maintain the
safety to our children and neighbors. You will be preserving a special and unique way of
life in Delray Beach.
Thank you for your time and consideration, Kristin Goldburg
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders ***
2
Nubin, Chevelle
From:
Sent:
To:
Cc:
Subject:
Jon Levinson Oonlev@bellsouth.net]
Monday, December 04, 2006 6:17 PM
'Gail N. Vlasek'
Nubin, Chevelle
RE: Convent Land Rezoning
Thanks for your email.AsIunderstand it there has been a compromise reached between the
neighborhoods and the developer.
That should be good news for everyone.
Feel free to contact me at any time.
Best,
Jon Levinson, Commissioner
City of Delray Beach
2915 South Federal Hwy. D-2
Delray Beach, FL 33483
561-243-2690 phone
561-243-9242 fax
561-212-2799 cell
www.MyDelrayBeach.com
www.JonLevinson.com
-----Original Message-----
From: "Gail N. Vlasek" <gailnv@adelphia.net>
Sent: 12/4/2006 4:21 PM
To: "gailnv@adelphia.net" &It;gailnv@adelphia.net>
Cc: "Mayor@MyDelrayBeach.com" &It;Mayor@MyDelrayBeach.com>;
"RitaEllis@MyDelrayBeach.com"
&It;RitaEllis@MyDelrayBeach.com>;
"Fetzer@MyDelrayBeach.com" &It;Fetzer@MyDelrayBeach.com>;
"JonLevinson@MyDelrayBeach.com"
&It;JonLevinson@MyDelrayBeach.com>;
"Montaque@MyDelrayBeach.com"
&It;Montaque@MyDelrayBeach.com>j
Subject: Convent Land Rezoning
Dear Mayor and Commissioners,
As the owner of V.I.P. Real Estate Brokers, Inc. for 25 years AND as an owner of property
on Sherwood Blvd. where Christ the King Monastery is located, I urge you to vote for
1
rezoning the above referenced property to "R-1-AAA" ONLY (and NOT "R-1-AA").
The reasons behind my thinking are twofold:
1) triple A, the largest sized zoning for residential land, is the most
compatible with this neighborhood to which it will soon belong;
in fact, R-1-AAA is actually SMALLER than most of our parcels, and,
2) the sister neighborhoods of Sherwood Park and Lakeview are one
of ONLY two sections of Delray Beach with triple A zoning, making it rare, desirable and
profitable for the City through taxes.
I'm sure the developer believes he will make more $ by squeezing in more homes, but by
building "McMansions" on spacious lots, he will MORE than make up for the extra lots he's
looking for with double A zoning... AND the city will create a wider tax base for itself
with larger, more expensive homes. The McMansions are already appearing in Sherwood Park
- check your building permits for new homes here over the last few years!
Thank you very much for your consideration of the above matters.
I'll see you Tuesday evening,
Gail N. Vlasek
3235 Sherwood Blvd.
Delray Beach, FL 33445
561.638.1611
2
Nubin. Chevelle
From:
Sent:
To:
Cc:
Subject:
Jon Levinson Uonlev@bellsouth.net]
Monday, November 27,200610:02 AM
mecohn@bellsouth.net
Nubin. Chevelle
RE: Monastery Property
Thanks for your email. I am copying our City Clerk so it can be included in the official
record.
As you are aware the Nuns ~ill be selling the land to someone.
I have mentioned to the leadership of your Association that I would be careful I didn't
win the battle and loose the war.
Thanks for your input !
Best,
Jon Levinson, Commissioner
City of Delray Beach
2915 South Federal Hwy. D-2
Delray Beach, FL 33483
561-243-2690 phone
561-243-9242 fax
561-212-2799 cell
www.MyDelrayBeach.com
www.JonLevinson.com
-----Original Message-----
From: "mecohn@bellsouth.net" <mecohn@bellsouth.net>
Sent: 11/27/2006 8:00 AM
To: "iJonlev@bellsouth.net"i <iJonlev@bellsouth.net>i
Subject: Monastery Property
Good Morning -
Thank you for returning my phone call of early last week and leaving a message. with the
Thanksgiving weekend, I did not get a chance to contact you again.
I had called regarding the development of the Christ the King Monastery property. I had
also sent an e-mail to you at the My Delray address.
1
I, like many others here in Lakeview, am concerned about the increased traffic flow that
the proposed new houses will generate. The current egress/ingress proposal includes,
happily, an access road from the new cluster of homes to Sherwood Boulevard. This would
lessen the traffic on Lakeview Boulevard. However, for some reason, this is a two way
access road for only a short space; then it becomes a one way street.
It would be good if it would remain a two way street inside the cluster of homes;
otherwise, it will probably receive minimal use. The best solution to the traffic issue
seems to be insisting that a new cluster of homes have direct access to Military Trail.
We'll see what happens, but, in all likelihood, the character of the Lakeview neighborhood
will change. This is unfortunate, since it has been an unusual neighborhood: although
ungated, it is quiet, with safe streets for the substantial number of children who live
and play here.
Thank you for your consideration of this matter.
Meg Cohn
3450 Lakeview Boulevard
637-7970
2
Nubin, Chevelle
From:
Sent:
To:
Subject:
Jon Levinson Donlev@bellsouth.net]
Wednesday, November 22, 20068:04 AM
Nubin, Chevelle
FW: Christ The King Monastary, Re-Zoning Request
FYI
Jon
-----Original Message-----
From: "Dan Carter" <dhclainc@bellsouth.net>
Sent: 11/21/2006 3:36 PM
To: "ijonlev@bellsouth.net"i <ijonlev@bellsouth.net>i
Subject: Re: Christ The King Monastary, Re-Zoning Request
John,
Thank you for your reply.
I,m sure our neighborhoods will be at the next meeting in full force.
Dan Carter
HAPPY THANKSGIVINGI
Original Message
From: "Jon Levinson" <jonlev@bellsouth.net>
To: "'Dan Carter'" <dhclainc@bellsouth.net>
Sent: Monday, November 20, 2006 6:18 PM
Subject: RE: Christ The King Monastary, Re-Zoning Request
> Thanks for your comments. As you are aware, tomorrow night is simply
> a first reading and no public testimony will be heard. That will be
> done at the second reading and public hearing (quasi judicial) at the
> next meeting.
>
> Please be sure to let your neighbors know as I wouldn't want them to
> be upset when they arrive tomorrow night thinking they can speak.
> Tell
> them to come prepared at the next meeting.
>
>
> Best,
>
>
>
> Jon Levinson, Commissioner
>
> City of Delray Beach
>
> 2915 South Federal Hwy. D-2
>
> Delray Beach, FL 33483
>
> 561-243-2690 phone
>
> 561-243-9242 fax
>
> 561-212-2799 cell
>
1
> www.MyDelray~each.com
>
> www.JonLevinson.com
>
>
>
>
>
> -----Original Message-----
> From: "Dan Carter" <dhclainc@bellsouth.net>
> Sent: 11/20/2006 4:13 PM
> To: "Mayor@MyDelrayBeach.com"
&It;Mayor@MyDelrayBeach.com>;
> "RitaEllis@MyDelrayBeach.com"
> &It;RitaEllis@MyDelrayBeach.com>;
> "Fetzer@MyDelrayBeach.com" &It;Fetzer@MyDelrayBeach.com>;
> "Jonlevinson@MyDelrayBeach.com"
> &It;Jonlevinson@MyDelrayBeach.com>;
> "Montague@MyDelrayBeach.com"
> &It;Montague@MyDelrayBeach.com>
> Subject: Christ The King Monastary, Re-Zoning Request
>
>
>
>
> Dear
>
Mayor & Commissioners,
> As a member of the Lakeview/Sherwood Park Community I have serious
> concerns with the proposed re-zoning of the site to R-1-AA.
> At the first P&Z meeting the board unanimously advised the developer
to
> work-out the differences with the two (2) homeowners associations. The
> developer attended one meeting with our group, and did not show-up for
> the second meeting.
> At the second P & Z meeting the board, once again, unanimously voted
to
> deny the re-zoning request. Their decision was based on the
> "incompatability" of the R-1-AA zoning with the adjacent properties,
and
> neighborhoods. Furthermore, the board also stongly recommended that
> access for this parcel be from Military Trail, not from Lakeview Blvd
as
> proposed, or Sherwood Blvd. The board felt that the increase in
traffic
> on these secondary roads would be greatly increased, and be a
detriment
> to the existing neighborhoods.
>
> It is our (Lakeview & Sherwood Park HOA.) position that the proposed
> re-zoning would be incomaptible with the surrounding neighborhood. The
> majority of these neighborhoods are zoned R-1-AAA-B. This is a unique
> zoning clasification in our City. We would like to preserve the
> character & integrity of our neighborhood.
>
> I believe there are over three hundred (300) signed petitions, from
the
> members of our neighborhoods, requesting that the City deny this
> re-zoning request.
>
> By denying the re-zoning request of R-1AA, you the Commission, would
be
> protecting the existing neighborhoods from an "incompatible" zoning
> classification.
>
> Unfortunately I do not believe I will be able to attend tonight's
> meeting, due to prevoius Thanksgiving commitments.
>
2
> Respectfully,
>
> Dan Carter
> 3204 Lakeview Dr.
> Delray Beach, Fl.
> (H)561.637.8542
> (Off.) 561.272.9621
>
>
>
>
> No virus found in this incoming message.
> Checked by AVG Free Edition.
> Version: 7.5.430 / Virus Database: 268.14.11/543 - Release Date:
> 11/20/2006 9:20 PM
>
>
3
Nubin, Chevelle
From:
Sent:
To:
Subject:
Jon Levinson fionlev@bellsouth.net]
Monday, November 20, 20064:17 PM
Nubin, Chevelle
FW:
FYI
Jon
-----Original Message-----
From: "Dan Carter" <dhclainc@bellsouth.net>
Sent: 11/20/2006 4:10 PM
To: "Mayor@MyDelrayBeach.com" &It;Mayor@MyDelrayBeach.com>
Cc: "RitaEllis@MyDelrayBeach.com"
&It;RitaEllis@MyDelrayBeach.com>;
"Fetzer@MyDelrayBeach.com" &It;Fetzer@MyDelrayBeach.com>;
"Jonlevinson@MyDelrayBeach.com"
&It;Jonlevinson@MyDelrayBeach.com>;
"Montague@MyDelrayBeach.com"
&It;Montague@MyDelrayBeach.com>
Subject:
Dear Mayor & Commissioners,
As a member of the Lakeview/Sherwood Park Community I have serious concerns with the
proposed re-zoning of the site to R-l-AA.
At the first P&Z meeting the board unanimously advised the developer to work-out the
differences with the two (2) homeowners associations. The developer attended one meeting
with our group, and did not show-up for the second meeting.
At the second P & Z meeting the board, once again, unanimously voted to deny the re-zoning
request. Their decision was based on the "incompatability" of the R-l-AA zoning with the
adjacent properties, and neighborhoods. Furthermore, the board also stongly recommended
that access for this parcel be from Military Trail, not from Lakeview Blvd as proposed, or
Sherwood Blvd. The board felt that the increase in traffic on these secondary roads would
be greatly increased, and be a detriment
to the existing neighborhoods.
It is our (Lakeview & Sherwood Park HOA.) position that the proposed re-zoning would be
incomaptible with the surrounding neighborhood. The majority of these neighborhoods are
zoned R-l-AAA-B. This is a unique zoning clasification in our City. We would like to
preserve the
character & integrity of our neighborhood.
I believe there are over three hundred (300) signed petitions, from the members of our
neighborhoods, requesting that the City deny this re-zoning request.
By denying the re-zoning request of R-1AA, you the Commission, would be protecting the
existing neighborhoods from an "incompatible" zoning classification.
Unfortunately I do not believe I will be able to attend tonight's meeting, due to prevo ius
Thanksgiving commitments.
Respectfully,
Dan Carter
3204 Lakeview Dr.
Delray Beach, Fl.
(H)561.637.8542
1
(Off.) 561.272.9621
2
Nubin. Chevelle
From:
Sent:
To:
Cc:
Subject:
Jon Levinson Uonlev@bellsouth.net]
Sunday, November 19, 2006 1 :56 PM
ctartes@earthlink.net
Nubin, Chevelle
RE: Monastery
Thanks for your email.This will be discussed at the public hearing. I am forwarding a
copy of your email to our City Clerk for inclusion in the public record.
Best,
Jon Levinson, Commissioner
City of Delray Beach
2915 South Federal Hwy. D-2
Delray Beach, FL 33483
561-243-2690 phone
561-243-9242 fax
561-212-2799 cell
www.MyDelrayBeach.com
www.JonLevinson.com
-----Original Message-----
From: "Carol Artes" <ctartes@earthlink.net>
Sent: 11/18/2006 7:19 PM
To: "Mayor@MyDelrayBeach.com" &It;Mayor@MyDelrayBeach.com>
Cc: "RitaEllis@MyDelrayBeach.com"
&It;RitaEllis@MyDelrayBeach.com>;
"Fetzer@MyDelrayBeach.com" &It;Fetzer@MyDelrayBeach.com>;
"Jonlevinson@mydelraybeach.com"
&It;Jonlevinson@ffiydelraybeach.com>;
"Montague@MyDelrayBeach.com"
&It;Montague@MyDelrayBeach.com>
Subject: Monastery
November 18, 2006
To: the Mayor and City Commissioners of the City of Delray Beach
Re: Rezoning of Christ the King Monastery of St. Clare
As a registered voter in the City of Delray Beach and a resident of Sherwood Park, I am
1
writing to you to respectfully request that the City
unanimous decision of the Delray Planning and zoning
of the above site to
R-1-AA and support rezoning the site to
Commission members follow the
Board and deny the proposed rezoning
R-1-AAA-B.
The Lakeview/Sherwood Park Community is one of the few established neighborhoods in the
City of Delray Beach that offers large lot size, mature and abundant landscaping and a
superb quality of life for the children and adults living in the community. The proposed
development is not a separate enclave but an extension of our community and should be
zoned in accordance to protect our wide lots and low density.
I believe that R-1-AAA-B to be the most appropriate zoning for the development because:
*The new traffic generated by this community (approximately additional 60 vehicles)
will greatly increase traffic along Lakeview Blvd since the main entrance/exit
will be on Lakeview Blvd. Lakeview Blvd. is not a through street and all traffic
must eventually exit onto Sherwood Blvd. The current site-plan, therefore, proposes
it to be an extension of our community.
*Every home within the 500 foot Planning and Zoning notification area is zoned R-1-
AAA-B.
* Every home along Sherwood and Lakeview Blvd. is zoned R-1-AAA-B.
*50% of the homes in Sherwood Park have a lot size greater than the 12,5000 sq. ft.
required with R-1-AAA-B zoning.
*Many of the existing homes on smaller lots are facing the golf course.
*The traffic associated with the Monastery operating in smaller quarters will not
change. However, the high density of homes in the proposed development will
significantly increase traffic and affect safety.
By supporting rezoning to the site to R-l-AAA-B you will be protecting one of only two
communities in Delray Beach that are R-l-AAA-B. As one of the gemstones in the crown of
Delray Beach, it is important that the character, integrity and open spaces of this
community be maintained.
I thank you for you efforts on behalf of our Communities.
Sincerely,
Carol Ann Artes
Carol Artes
ctartes@earthlink.net
Why Wait? Move to EarthLink.
2
~
Nubin,. Chevelle
From:
Sent:
To:
Subject:
Jon Levinson Uonlev@bellsouth.net]
Thursday, November 16, 2006 2:49 PM
Nubin, Chevelle
FW: Upcoming Monastery Zoning Decision
Attachments:
10_16_06_notes.pdf
-sa
10_16_06_notes.p
df (49 KB)
For your files
Jon
-----Original Message-----
From: "cher columbus" <cher@newcanvas.com>
Sent: 11/14/2006 11:20 PM
To: "jonlevinson@mydelraybeach.com"
&It;jonlevinson@mydelraybeach.com>
Cc: "Mayor@mydelraybeach.com" &It;Mayor@mydelraybeach.com>;
"RitaEllis@mydelraybeach.com"
&It;RitaEllis@mydelraybeach.com>;
"Fetzer@mydelraybeach.com" &It;Fetzer@mydelraybeach.com>;
"Montague@mydelraybeach.com"
&It;Montague@mydelraybeach.com>
Subject: Upcoming Monastery Zoning Decision
Dear Mr. Levinson,
Thank you for returning my call today. I'm sorry that I wasn't available to answer, but
appreciate your suggestion of sending an email.
Since I wasn't sure exactly how to relay my thoughts via email, I thought it best to
attach a copy of the note I read during the last P&Z meeting. I am extremely nervous
about public speaking, so I typed up some notes to read and had it saved on my computer.
Please read the attached.
Since that meeting, we've heard that Mr. Guidice has hired a well-known attorney in the
area. Many members of our community are worried that a grassroots community effort
doesn't stand a chance against a powerful real estate attorney. I am confident you will
prove this is not the case.
Residents of Lakeview and Sherwood Park have met numerous times in order to arrive at a
compromise that will be both profitable for the developer as well as fit the neighborhood
that our homeowners have built over the past thirty years. Our homeowners have signed
petitions, have shown up for standing room only P&Z meetings, have spoken, have been
reasonable, and have compromised. The Zoning Board has recognized these efforts, agrees
with our need for more compromise and voted twice to reject Mr.
Guidice's proposals.
It is my understanding that Mr. Guidice has not made any changes to the proposal that was
denied by P&Z. And given that none of the facts have changed (except that Mr. Guidice has
hired an attorney) I don't even understand why he's being allowed to present this proposal
again. I trust that you and your fellow commissioners will support the findings of the
P&Z Board and the compromise of split zoning that has the majority support of the Lakeview
and Sherwood Park residents.
1
Thank you for your time and consideration of this matter.
Sincerely,
Cher Columbus
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders ***
2
Read to Planning & Zoning Committee during Oct. 16 meeting by Cher Columbus:
First, I'd like to thank you for the last meeting where you recognized that we live in a unique community.
Now, based on your recommendation, we had a meeting with Jess and Ray Guidice on September 5.
They presented us with an R-I-A plan. We asked them to come back with something compatible with our
existing zoning.
We had a second meeting on Tuesday, Sept. 26 where they presented the R-l-AA plan in front of you today.
At this meeting we explained that R-l-AA is also not compatible with our existing zoning. They claimed
they just couldn't make the deal work with R-l-AAAB, at which point we suggested they explore a split
zoning plan. They agreed, and were supposed to furnish us a revised plan by Friday, Sept. 29 so that we could
present to the community on Sunday, Oct. 1, for their feedback and hopefully support so they could meet
their Oct. 10th notice requirement. We also agreed to meet the following Tuesday, October 3, to share the
community's feedback with them.
On Friday, Sept. 29, we were informed there would be no revised plan, so we presented their R-I-AA plan
at Sunday's community meeting.
Over half a dozen members of our community showed up at the monastery for the October
3rd meeting, but no one from the other side ever showed-up. This was disappointing, to say the
least. The community came up with some ideas but were never able to present them to Jess and Ray for
their feedback.
. The community is split. Many still believe the entire parcel should be zoned R-1-AAAB. Some are open
to a split zoning between R-1-AAAB and R-l-AA. None are in support of the currently proposed
R-I-AA plan.
Our suggestion, if you would please indulge, is that ALL lots on both sides of Lake view Blvd be zoned
R-l-AAAB.
They are essentially proposing to extend Lakeview Blvd. * Lakeview Blvd is currently all
R-I-AAAB from beginning to end, and should it continue to the west, it is our belief that it
is not unreasonable for all the lot sizes to be consistent with and identical to the existing lots
along the street.
This solution also provides a single, dean zoning line that should be easy to implement. If you look at the
map, this essentially translates to extending the existing lot line from the existing house on the SW corner
of Lakeview Blvd straight up, orWest, to the nun's facility, making lots 9,32,27,8,7,6,5, and 4 zoned R-
1-AAAB.
* One of the key points that Mark Krall made after hearing arguments from both sides is that because there
is virtually no chame of easement to Military Trail, this parcel cannot be considered a separate enclave.
Therifore it's equivalent to a third phase addition to our existing community. This is the same point I was
trying to make by explaining that they are going to extend Lakeview Blvd and why the zoning should be
identical to the zoning that already exists along the entire length of Lakeview Blvd.
Nubin, Chevelle
From:
Sent:
To:
Cc:
Subject:
Jon Levinson Donlev@bellsouth.net]
Friday, November 10, 20062:51 PM
'Lisa Shaheen'
Nubin, Chevelle
RE: Rezoning of Chirst the King Monastary of St. Clare
First thanks for "weigh-ing in" and for your service on our City Board.
I have met with the elected neighborhood leaders and the developers architect and staff.
Much progress has been made from the original presentation.
Since this will be quasi judicial I will need to consider information presented at the
hearing. I will submit your email as a part of the official record and have copied our
City Clerk for that purpose.
Thanks again for your thoughts.
Best,
Jon Levinson, Commissioner
City of Delray Beach
2915 South Federal Hwy. D-2
Delray Beach, FL 33483
561-243-2690 phone
561-243-9242 fax
561-212-2799 cell
www.MyDelrayBeach.com
www.JonLevinson.com
-----Original Message-----
From: "Lisa Shaheen" <lshaheen@gate.net>
Sent: 11/9/2006 8:35 PM
To: "iJonlevinson@mydelraybeach.com"
<iJonlevinson@mydelraybeach.com>i
Subject: Rezoning of Chirst the King Monastary of St. Clare
Lisa Shaheen
3415 Lakeview Blvd.
Delray Beach, FL 33445
November 9, 2006
City Commissioners
1
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Subject: Rezoning of ~Christ the King Monastery of St. Clare"
Dear Commissioner Levinson,
I have been a resident and active member of the Lakeview/Sherwood Park Community for the
past six years and I believe it is one of the most charming neighborhoods in the area.
Having said that, I respectfully request that the City Commission deny the proposed
rezoning of the above site to R~l-AA and support rezoning the site to R-l-AAA-B.
In order to preserve the uniqueness of our neighborhood the R-l-AAA-B zoning would be
consistent to what already exists here. The proposed site-plan confirms that this new
development would not be separate from our neighborhood, but rather an extension of it. It
will enter and exit directly onto Lakeview Blvd and or Sherwood Blvd. and will not be
gated.
It is inconsistent that a proposal for R-l-AA would be approved since every home along
Sherwood & Lakeview Blvd's is zoned R-l-AAA-B and every home within the 500 foot Planning
& Zoning notification area is also zoned R-l-AAA-B.
We purchased our home because it had a larger lot and more green space.
Given the choice, I believe that more people would buy homes in this area because they are
getting more land and have some space between themselves and their neighbors.
The traffic pattern that has been proposed also affects me directly since all traffic will
be flowing out onto Lakeview Blvd. and I have some serious concerns about safety for my
two children and the 18 other toddlers who live on this street.
Finally, I do not feel that the developer has negotiated with us in good faith. Nor has he
explored every avenue to gain access to Military Trail. This community is united in its
mission to protecting its integrity, being one of only two communities in Delray that are
R-l-AAA-B zoned.
Please picture yourself living in our neighborhood, and then consider our request to
rezone to R-l-AAA-B. We appreciate all of your efforts on behalf of our two communities.
Sincerely,
Lisa Shaheen
cc: J. Perlman, F.Fetzer, R. Ellis, B. Montague
2
Nubin, Chevelle
From:
Sent:
To:
Subject:
Jon Levinson Oonlev@bellsouth.net]
Monday, November 13, 20064:58 PM
Nubin, Chevelle
FW: [Fwd: MONASTERY]
For your files.
Jon
-----Original Message-----
From: "calory52@bellsouth.net" <calory52@bellsouth.net>
Sent: 11/13/2006 9:42 AM
To: "Mayor@MyDelrayBeach.com" &It;Mayor@MyDelrayBeach.com>
Cc: "Fetzer@Mydelraybeach.com"
&It;Fetzer@Mydelraybeach.com>
Subject: [Fwd: MONASTERY]
>
> From: <calory52@bellsouth.net>
> Date: 2006/11/11 Sat AM 11:52:28 EST
> To: <SDHAYMAIL@ATT.NET>
> CC: <Montague@MyDelrayBeach.com>
> Subject: MONASTERY
>
> IMPORTANT - This is About Getting R-1-AAA-B Zoning
>
> City Commissioners
> City of Delray Beach, Florida 33444
>
> Subject: Rezoning of "Christ the King Monastery of St. Clare"
>
> Dear Commissioner Montague,
>
> As a resident of the Lakeview/Sherwood Park Community, I respectfully
request that the City commission members deny the proposed rezoning of the above site to
R-1-AA and support rezoning the site to R-1-AAA-B.
>
> R-1-AAA-B should be the only consideration for the proposed
development based on the following:
>
> * The development proposed is not a separate tract of land bounded or
gated within its own commonality. It is not a separate entity from the Sherwood Park
Community.
>
> * The way the site-plan has been submitted proposes to be an extension
of our community. The new development would be exiting/entering directly onto Lakeview
Boulevard.
>
> * Lakeview Blvd is not a main road; it becomes a loop feeding into
Lakeview Drive. All traffic exiting the community must eventually exit onto Sherwood Blvd.
in our community.
>
> * The new traffic generated from this proposed development will
greatly increase
> The traffic along Lakeview Blvd since the main entrance/exit will be
1
on Lakeview Blvd.
>
> * Every home within the 500 foot Planning & Zoning notification area
is zoned
> R-l-AAA-B.
>
> * Every home along Sherwood & Lakeview Blvd's is zoned R-l-AAA-B.
>
> * By applying this zoning you will protect our community in Delray
that is
> R-l-AAA-B, maintain the size, character and integrity of our
Community. Most importantly, the open space, peace & calm that makes this neighborhood so
special. All the reasons why we moved to this community within the City of Delray Beach 20
years ago and are hoping to preserve this quality of life.
>
> We appreciate all of your efforts on behalf of our Community.
>
> Sincerely,
>
> Claudette R. Pantano
> Raymond L. Pantano
>
>
2
Nubin. Chevelle
From:
Sent:
To:
Cc:
Subject:
Jon Levinson Donlev@bellsouth.net]
Tuesday, December 05, 2006 11 :48 AM
ctartes@earthlink.net
Nubin, Chevelle
RE: Rezoning of Christ fthe King Monastery of 51. Clare
Thanks for your email.AsIunderstand it there has been a compromise reached between the
neighborhoods and the developer.
That should be good news for everyone.
Feel free to contact me at any time.
Best,
Jon Levinson, Commissioner
City of Delray Beach
2915 South Federal Hwy. D-2
Delray Beach, FL 33483
561-243-2690 phone
561-243-9242 fax
561-212-2799 cell
www.MyDelrayBeach.com
www.JonLevinson.com
-----Original Message-----
From: "Carol Artes" <ctartes@earthlink.net>
Sent: 12/5/2006 8:32 AM
To: "iMayor@MyDelrayBeach.com"i <iMayor@MyDelrayBeach.com>i
Cc: "iRitaEllis@MyDelrayBeach.com"i
<iRitaEllis@MyDelrayBeach.com>ii
"iFetzer@MyDelrayBeach.com"i <iFetzer@MyDelrayBeach.com>ii
"iJonlevinson@ffiydelraybeach.com"i
<iJonlevinson@mydelraybeach.com>ii
"iMontague@MyDelrayBeach.com"i
<iMontague@MyDelrayBeach.com>i
Subject: Rezoning of Christ fthe King Monastery of St. Clare
Dear Mayor Perlman and Commissioners:
I am writing again to respectfully request that you support rezoning the
above site to R-1-AAA-B. The P and Z Board of Delray Beach unanimously
ruled against the developer in his proposal to rezone the entire parcel to R-1-AA.
previous email, I outlined the reasons why I feel R-1-AAA-B is the most appropriate
1
In a
zoning
As a member of the Lakeview/Sherwood Park Community, a long-time resident of Delray Beach,
and a registered voter, I hope you will support the existing citizens of Delray Beach.
Please help us to keep our community safe from excessive traffic and maintain the open
spaces, quality of life, character, and integrity of our neighborhood.
Thank you in advance for listening to your constituents and representing our needs.
CarolAnn Artes
Carol Artes
ctartes@earthlink.net
Why Wait? Move to EarthLink.
2
Nubin, Chevelle
From:
Sent:
To:
Subject:
Jon Levinson Donlev@bellsouth.net]
Monday, November 13, 2006 4:58 PM
Nubin, Chevelle
FW: Rezoning, Christ the King Monastry of St. Clare
For your files
Jon
-----Original Message-----
From: "PhyllisEskew@aol.com" <PhyllisEskew@aol.com>
Sent: 11/12/2006 7:08 PM
To: "Mayor@MyDelrayBeach.com" &It;Mayor@MyDelrayBeach.com>
Subject: Rezoning, Christ the King Monastry of St. Clare
November 10, 2006
Jeff Perlman, Mayor
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Subject: Rezoning of a€reChrist the King Monastery of St. Clarea€D
Dear Mayor Perlman,
As a member of the Lakeview/Sherwood Park Community, I respectfully request
tht the City Commission members deny the proposed rezoning of the above site to R-1-AA and
support rezoning the site to R-1-AAA-B.
The plans outlined do not meet our current size and standards of the Lakeview Blvd. Area.
My house sits on .6/10 of an acre (more than A~ acre)a€1 They think that several houses
can be put on this same size lot. All the homes in this 500 foot Planning and Zoning
notification area is R-1-AAA-B. Half 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.
Traffic will be increased quiet a bit, and since Lakeview Blvd. is not a main through-
fare, the road is not designed for more than is currently using the road.
I am concerned for safety as well as property values. We want to keep our community
standards which we work deligently to maintain.
In appreciation of your efforts in our behalf.
Sincerely,
Phyllis Eskew
3264 Lakeview Blvd.
Delray Beach, FL 33445
561-637-2738 / cell 561-251-7020
email: phylliseskew@aol.com
1
Linda Loch
3702 Lakeview Blvd.,
Delray Beach, Florida 33445
i ~.(,.I. Jr,__\;Q~~-1L.... 'CJ.''-.-l.' r II
.. ..' DEe I 2 ?nnq 1lJ!)
i_..._.__.______"__~ '
\ r'l...!?~:I~fl!("("I();V
. 'l..>!.!.:I)JH i ':~ ,) _ t: 11 '
~:
~
()vJu
f~
December 8, 2006
City ofDelray Beach
City Commissioners -
100 NW 1 ST. Avenue,
Delray Beach, Florida 33444
SUBJ: Monastery Zoning Decision
To whom it may concern;
It has been brought to our attention, that at you last meeting, you have decided to allow
secondary. access to the St. Clair Monastery property through Lake View Boulevard,
directly adjacent to the above address property line. This decision was in lieu of an entry
directly off of Military Trail.
This. decision is unacceptable to me and all of the residents of Lakeview Boulevard. This
en.try would cause an unnecessary increase in traffic to a now quite and safe
neighborhood, where children safely reside. This wou1dnot even be an.issue if aqcess to
the aforementioned property were made directly off of Military Trail.
The residents of Lakeview Boulevard see no reason for this unsafechang~ in our day to
day lives When thereis'ari obviousaltemative to this problem. ..
We anxiously await a reply in this ~er.
Yours Truly,
~ "j :.., ~
(' "
Linda U;ch..
Res.ident .
(f~ '~~.:1.:f.l
,: tj:~~~',~"~"':"..I""":
:-T(j~"-<: ~~.t:' j-t~ ~-:_:r~ :.rF".)J.:.. ~1{'j":";.
?G(.f;~.~(;:~~j\ ~::~r;~:;:.~<-:: ~:}
_ r. P::~'7: :)"-, '=~:.i Fl.:}. >.'..L ~~:-
"1 . " : .:~ ~ r .
!\i:j~}_~).L(< f~u~. J :1:':;'
:'i-,:)' !1tfJb';,.': ..~' r~:t\>
'~r I' ;.;: ..-:!.
/r:~~~ (~_t
c; ~-; .~'-: ;.~ '. .
q~i..~~ ..~:.!
,'-
';;~. )'..C~ ;'; ~ ~~;~u. L: J ~:/'-' ; .
. }':;~~~q;::':::!;;(,i'J'
C;;4~~. ~';_~:;Lipt'i"_:~ r
DEC132Ol1
t'l'\
~~Jf ';'. ...'
PLANNING & ZONING
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tJIv1
AGENDA ITEM # LD.15 - REGULAR MEETING OF JANUARY 2,2006
ORDINANCE NO. 78-06 (SECOND READING/SECOND PUBLIC
HEARING)
TO:
SUBJECT:
DATE:
DECEMBER 28, 2006
This ordinance is before Commission for second reading and second public hearing for city initiated
amendments 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.
At the first reading on December 5, 2006, the Commission passed Ordinance No. 78-06.
Recommend approval of Ordinance No. 78-06 on second and final reading.
S:\City Oerk\AGENDA COVER MEMOS\OnIinance Agenda Memos\0nI78-06 Amend LOR See 4.6.7 Signs 2nd PH Ol.0207.doc
~
FROM:
DAVID T. HARDEN, CITY MANAGER '_ '
M~~ 7v/~ f-
J:f~L 9JOrrl~, 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 LOR 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
\'J. 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 prOVISIons 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
DELRAY 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 Signs
(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 persons 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 period 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 Si2Ds: 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 displaying 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
painted 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 Signs:
(a) Free-Standing 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 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 Si2D: A wall sign may be flush mounted or hand painted.
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 point 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 partially 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 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 part 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. A2reement 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 placed 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) Desi2l1 Prohibitions/Restrictions:
(a) Intermittent Lighting, Animation, Moving or Rotating Si2l1s: 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 Producing Si2l1s: A sign shall not produce noise or sounds.
9
ORD NO. 78-06
(c) Obscene Si2l1a2e: 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 ~ (E) (7) (Matrix) under the column of "type of sign".
(e) Smoke or Odor Producing Si2nS: A sign shall not produce 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-I 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-standin~ 20 SQ. ft.lface 8"
ISIGNING LOCATED IN CF, 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.lface from building or under - Allowed
canopy
Free-standing 30 sq. ft.lface may be in the front 8' Allowed
yard setback
Under canopy 4 sq. ftIface Under canopy Allowed
I~IG~nNG FOR CHURCHES, TEMPLES, MOSQUES, SYNAGOGUES, AND OTHER PL^.CES OF WORSHIP, REGARDLESS OF
ZONE DISTRICT
TYJ38 of Siga ~ Ar8a (max.) Location * H8igbt IIIlHRination
Wall OHe J38f euilEiiRg 10% oftmilEiing facB on builEiing facB - Allew6d
not to BXCBBEi 129 S(}. ft.
Fr88 staHding GH8 1 1/2 SEJ. ft.J3tJrlO' - ~ Allew6d
of fromag8
Fr88 staHding OB8 J38f additicmal US8 ~ - ~ Allew6d
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 112 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{Ft(E)(3)
11
UKU NU./~-U()
(F) Si2Ds Requirin2 Permits:
(1) General: All signs, other than those exempted by Subsection (H) or
prohibited by Subsection (I), must obtain a sign permit. 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 Si2D Pro2ram Si2Ds: Individual signs being
permitted under the provisions of an approved Master Sign Program or Blanket Program.
(b) Si2ns Meetin2 Standards: Individual signs which conform in all
respects 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 Si2D and Blanket Si2D Pro2l"ams:
(a) Blanket Si2D Pro2ram: 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 approved by the Site Plan Review and
Appearance Board or the Historic Preservation Board if the project is in a historic district or
historically designated site. After approval of a Blanket Sign Program, individual signs consistent
therewith shall be administratively approved.
(b) Master Si2D Pro2ram: 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 Appearance 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 approved.
(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 SigninJr Permits for the following signs may
be issued administratively provided 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 permanent sign.
4. One sign is permitted per frontage with a maximum of two
signs per site.
5. Signs placed on pumps 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 pursuant 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 Si2nin2: Signs which are building mounted or free-
standing which provide 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 appeal, and
constitute artistic expression, and not solely
advertising may be exempted from the removal
requirements if a recommendation by the Historic
Preservation Board is approved 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. "
(Hi) 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 Signs 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 SigninJr 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 permitted
use of the site or adjoining sites,
(Hi) 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 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.
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 Signing:
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 special 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 A venue; 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
approved 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 approved 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 permission 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 private
property shall be approved and permitted 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 Si2Ds: 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 permit 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 Message: Notwithstanding anything contained in Section
4.6.7 "Signs", to the contrary, any sign erected pursuant 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 copy 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 Signs: 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 Signs: 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) Flags:
19
ORD NO. 78-06
(a) Flags may be displayed on any residential or non-residential parcel
of land in accordance with the following rules:
1. A Flag is a piece of cloth usually attached at one edge to a
staff/pole 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 per 15,000 square feet oflot
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) nameplate sign per 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 Si2ns:
1. One freestanding real estate sign along 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 Si2ns:
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 comer lots provided that the
additional sign 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 Si2Ds:
(a) Temporary Non-Commercial Si2Ds
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 placed 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) Way finder 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-premise 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 expressed) 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.
(1) Prohibited Si2Ds: 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 prohibited signs or use prohibited sign features. Further, any sign not
provided for, or expressly permitted by these LDRs is also prohibited.
(1) Banners and Wind Si2Ds:
(a) Banners: Prohibited.
(b) Wind Si2Ds: Prohibited.
(2) Off-Premise Signs: 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 property on which the sign IS located, however, non-
commercial messages shall never be off-premises.
(3) Roof Si2Ds: A sign erected on the roof, or above the roof line, or on the
parapet.
(4) Snipe Si2Ds: 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 Si2Ds: 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 Si2Ds in Public Ri2hts-of-Way: Prohibited.
Section 3. That Section 4.6.7(K)-(Q) 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 per 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
prerequisites 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, prepaid, to the occupant of the property
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.
(iii) 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 Signs: 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 applicant has not tendered the required application fee with the
application;
(c) The application for permit contains a material falsehood or
misrepresentation;
(d) The applicant 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, paragraph, subparagraph,
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, subparagraph, 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 si~s. 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, 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
specifically 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
competent 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 SICN: A temporary sign identifying an LHcmtect,
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 piece 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 fa~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 fa<;:ade 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 temporary 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;\....L SICN: f.. temporary sign erected by a political candidate, or a propoaeBt or
opponent to a referendum, or group or agent thereof for political purposes directed toward the
ultimate exercise of voting by the general public in connection with local, state or national
elections.
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 [mal reading on this the day of
,2006.
ATTEST:
MAYOR
City Clerk
First Reading:
Second Reading:
31
ORD NO. 78-06
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 LDR 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
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER M
AGENDA ITEM # 10. ('~ - REGULAR MEETING OF JANUARY 2,2007
ORDINANCE NO. 79-06
TO:
SUBJECT:
DATE:
DECEMBER 28, 2006
This ordinance is before Commission for second reading and quasi-judicial hearing for a 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.
At the first reading on December 5, 2006, the Commission passed Ordinance No. 79-06.
Recommend approval of Ordinance No. 79-06 on second and final reading.
S:\Ciry Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 79-06 Ralph Buick Dealership Rezoning 2nd Reading 01.02.07.doc
~
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER ~ /J 11
"//I~~~\. ~
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 townhome 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
f2.A
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
AUTOMOTNE 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 PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY 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 Delray Beach, Florida, dated March 2006, as being zoned General Commercial (GC)
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.s.
---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.
211' WAY
~
>
~
1iI~
LA-MAT AVENUE
-J
<(
IE
o
It!
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 LDR Section 2.4.5(D).
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 townhome 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
(O) 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:
South:
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
North:
East:
West:
Commercial and Single and Multi-
Family Developments
Multi-Family Developments
Automobile Dealerships
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{Ol(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 andlor 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 GG 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
AG. 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 LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2(D).
Positive findings can be made with respect to Concurrency and Compatibility with the
surrounding land uses.
With regard to LDR Sections 2.4.5(D)(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(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 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(D)(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(D)(5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
Attachments: LocationlZoning Map
Report prepared by: Derrick L. Cook, Planner
I I I I I I I J / / (
I LIN TON B 0 U LEV A R 0
G C ~ , J SUN BANi /
ROYAL I
h PALM NA nONS
MORTGAGE BANK
. BURGER 7
I LINTON -
PC KING CENTER
DELRA Y INDUSTRIAL P( ~ :---
PARK
I , pn~ \.---
J r--
'--
~ IU III ----------~
SOLID WASTE I ~
TRANSFER I~
STA TlON ~ ll:: r
f-
e >-
<(
0 <:
5
CF ;;: ~ l
Q: :r: ~
JI THE I
cj DELRA Y <-' Vl
uj z
VININGS MILLER L.: LINCOLN :r: <{
CL ----j
MERCURY Vl
FIELD <i. TTTTTl
~~ L AC ~~ IIr \'F >---
----
~~ LL >-----
~
:r
0 DAN BURNS ~I 'II
) :r I -
OLDSMOBILE .. .. -
MILLER
PARK ~ r--
R~ \
~ d----
I <{
~
;y( I--
~ORSE == -
~ CAIJ/I - PC ==
~ =1 AVE. C :---
i..J..J ~
j X DELRA Y ~
TO WN i5 SHERWOOD ~ ~ - ---
PLAZA ====
ctr OSR GMC TRUCKS 1==
I t--
COUNTRY - ~
- Ii!
TE \ :- II
ES SHERWOOD z_
;
PONTIAC
CONDOS r :r: v
DOTTEREL RO AD ~ A~ vi ~
t-
1 PALMS )/ BUCKY DENT'S I .--~ 21 L..
c' Cl BASEBALL SCHOOL TO YO T A III
DE/RAY ( ~ I USED CARS
I - ~~
I RM~; a I FLADELL'S r--- WA Y rL-l(
-
'I -a : -.J
0 ~I~
r'~ I ~ J I r----J
N
-
REZONING FOR RALPH BUICK DEALERSHIP
CITY OF OELRAY BEACH, FL
PLANNING & ZONING OEPARTI.4ENT
FROM GC ( GENERAL COMMERCIAL) TO AC (AUTOMOTIVE COMMERCIAL)
-- DIGITAL BASE MAP SYSTEM --
MAP REF: LM885
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERprv1
AGENDA ITEM # 1..Q.J) - REGULAR MEETING OF JANUARY 2.2007
ORDINANCE NO. 82-06
TO:
SUBJECT:
DATE:
DECEMBER 28, 2006
This ordinance is before Commission for second reading for 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.
At the fust reading on December 5, 2006, the Commission passed Ordinance No. 82-06.
Recommend approval of Ordinance No. 82-06 on second and final reading.
S:\City Clerk\.~GENDA COVER MEMOS\Ordinance Agenda Memos\Ord 82-06 Amend WR See 4.3.31 Convnunity Residential Homes and Group Homes 01.02.07 2nd readi~doc
FROM:
DAYlp T. HARDEN, CITY MANAGER
j1Il~ 7/l~~ -L.
~U~~Nt .6JJr ~...I~r!CTOR OF PLANNING & ZONING
~ALD R. HOGG~~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 LDR 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
/2.J)
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 DELRA Y 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 STATE 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
DELRAY 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 in Section
393.063(12);
4. A nondangerous mentally ill person as defined 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(D(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,
T el
Community
Residential
Home
Group Home,
Type 2
Permitted
Not
Permitted
Not
Permitted
Permitted
Permitted
Permitted
Not Permitted
Conditional
Use
(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 occapatioRal
licaRse 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
occapational 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 mIrumum 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
LDR Section 2.4.5(Mll5) (Findinas): 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.
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
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mai:mweiner@zonelaw.com
RECEIVED
NOV J\.~ 2006
CITY CLERK
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
OF COUNSEL:
ROBERT MARC SCHWARTZ, PA
Florida Bar Board Certified
Real Estate Lawyer
November 27, 2006 Via Hand Deliverv
Ms. Chevelle Nubin
City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Ms. Jasmin Allen, Planner
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: City Initiated Amendments
Our File No.: CARF002
Dear Chevelle and Jasmin:
I am confirming with you that the First and Second Reading for the City initiated amendments
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 are to take place December 12, 2006
and January 2,2007, respectively. I am also confirming with you that a portion of Item V. F of the
November 20, 2006 Planning and Zoning Board Agenda has been tabled to the December 18, 2006
Planning and Zoning Board meeting.
If any of this information is incorrect, please contact me. Thank you very much for your
assistance i this matter.
MSW:ek
Cc: Mr. Andrew Rothermel
James Green, Esq.
Jason S. Mankoff, Esq.
. Ms. Ashlee L. ~argo I I
cc:?l~f-o~~ 11;1-4 0(,.,
~~~~__ ~ I CJf() \t l~ lob
O:\CARF002\Letter to Clievelle Nubin and Jasmin Allen. Nov 27. 2006.doc
11/29/06 WED 11:57 FAX 5612433774
CITY CLERK
I4l 001
...........................
... ERROR TX REPORT ...
...........................
TX FUNCTION WAS NOT COMPLETED
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
llSAGE T
PGS. SENT
RESULT
0550
92433774
11/29 11:57
00'00
o
NG #018
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier; (561) 272-6831
E-mai:mweiner@zonelaw.com
RECEIVED
NOV ~~ 2006
CITY CLERK
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
OF COUNSEL:
ROBERT MARC SCHWARTZ. P.A.
Florida Bar Board Certified
Real Estate Lawyer
November 27, 2006 Via Hand Delivery
Ms. Chevelle Nubin
City9lerk
PlY of DelrayBeacn
100 N.W. 1st Avenue
Delray Beach. Florida 33444 .
Ms. Jasmin Allen, Planner
City of Delray Beach
100N.W. 1st Avenue
Delray Beach. Florida 33444
Re: City Initiated Amendments
OUf File No.: CARF002
Dear Chevelle and Jasmin:
I am confirming withyou that the First and Second Reading for the City initiated amendments
to the Land Development Regulations amending Section 4.3.3(1), "Community Residential Homes
and Group Homes" to providethata Type 1 group home shall notbe located within 1,000feetof
another Type 1 group home or a community residential home are to take place December 12,2006
and January 2,2007, respectively. I am also confimling with you that a portion of Item V. F of the
November 20, 2006 Planning and Zoning Board Agenda has been tabled to the December 18, 2006
Planning and Zoning Board meeting.
If. anyofthisinf6rmationisinco-rreCt,pleasecontad rne~ThankyouverYmuch for your
assistance YthiS matter. .
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~
AGENDA ITEM # l.fL.E - REGULAR MEETING OF JANUARY 2, 2007
ORDINANCE NO. 80-06
TO:
FROM:
DATE:
DECEMBER 28. 2006
This ordinance is before Commission for second reading to amend 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.
At the first reading on December 5. 2006, the Commission passed Ordinance No. 80-06.
Recommend approval of Ordinance No. 80-06 on second and final reading.
S:\City ClerklAGENDA COVER MEMOSlOrdinance Agenda MemoslOrd 80-06 Amend LDR See 2.4.5 and See 2.4.3K 01.02.07 2nd reading.doc
~
TO: DAVID T. HARDEN, CITY MANAGER
7r/.... "- ~/tJ~)
THRU: MARK MCDONNELL, AICP;-ACTING DIRECTOR OF PLANNING &
ZOtt'NG
FROM: ~~~KING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF DECEMBER 5, 2006 - REGULAR AGENDA
ADOPTION 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
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.B
City Commission Staff Report
LOR 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(MlC5) (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.
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.
ParkinQ ManaQement 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.
PlanninQ & ZoninQ 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)(1), "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) Develo.vment Applications: The following fees shall be charged for development
applications. All fees are cwnulative and separate unless otherwise indicated. Combined
applications shall provide multiple fees.
(a) Comprehensive Plan Amendment
$ 2,310
(b) Review of a ADA/DRI $ 3,465
Modification of a DR! $ 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
(t) Conditional Uses, New Application $ 1,050
Modification requiring Board Review $ 580
(g) Master Plans $ 1,155 (1)
Master Plan Modification (5)
(h) Formal review of a 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
if both 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
2
Oed No. 80-06
(P) Formal interpretation by the Board of Adjustment
(q) Certificate of Appropriateness by Board
Alterations and/or Repairs
New Construction and Additions
Demolition and Relocation
$
55
$
$
$
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
(w) Land Development Regulations Text Change
$ 120
$ 0
$ 1,050
$ 120 per request (6)
$ 235 per request (J)
$ 315 (8)
(9)
$ 110
$ 750 (1)
(x) Waivers and Internal Adjustments
(y) Appeals by Applicant
(z) Re-advertising
(aa) Zoning Verification Letter
(bb) Single Family Overlay District Site Plan Review
(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.
3
Ord No. 80-06
(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 Parking and Public Parking 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 parking provided to facilitate proposal
(f) For public parking fee requests: Adjacent rights-of-wa.y and proposed parking to
be constructed
(3) Procedure: Subject 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 Advisory Board and other Boards as
deemed appropriate
(d) Approval by City Commission
(4) Conditions: Conditions ma.y be imposed pursuant to. but not limited to. Sections
4.6.9(E)(3) and 4.6.9(E)(4)
4
Ord No. 80-06
(5) Findings: 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 _ day of ,200_.
A TrEST
MAYOR
City Clerk
First Reading
Second Reading
5
Ord No. 80-06
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # } () . F - REGULAR MEETING OF JANUARY 2,2007
ORDINANCE NO. 81-06
TO:
SUBJECT:
DAlE:
DECEMBER 28, 2006
This ordinance is before Commission for second reading for 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.
At the fIrst reading on December 5, 2006, the Commission passed Ordinance No. 81-06.
Recommend approval of Ordinance No. 81-06 on second and final reading.
S:\City Clcrk\AGENDA COVER MEMOS\Ordinance Agenda Memo.\Ord 81-06 Amend IDR See 1.3.8 Recon,trucbon Nec...i12ced by An Act of God 01.02.07 2nd reading.doc
~
1
TO:
FROM:
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.C
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 REGULA nONS 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 EFFECTNE 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 ofthe 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 hotel/motel 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, nonbearing 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) (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.
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 Policv 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 Manaaement 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:
DAVp~D
PA~ DORLlNG, AI
d-~.Y" A
CANDI JEFFERSOI
t)~
W1
TO:
DIRECTOR OF PLANNING AND ZONING
THRU:
ENIOR PLANNER
SUBJECT: MEETING OF JANUARY 2, 2007
FUTURE LAND USE MAP AMENDMENT FROM. TRANSITIONAL (TRN) TO
GENERAL COMMERCIAL (GC) AND REZONING FROM NEIGHBORHOOD
COMMERCIAL (NC) TO GENERAL COMMERCIAL (GC) FOR THREE ADJACENT
PARCELS TOTALLING APPROXIMATELY 0.843 ACRES LOCATED AT 2703, 2709
AND 2715 SOUTH FEDERAL HIGHWAY
The action requested of the City Commission is approval of a Future Land Use Map amendment
from TRN (Transitional) to GC (General Commercial) and a zoning change from NC (Neighborhood
Commercial) to GC (General Commercial) for three individual and contiguous properties.
The subject properties are located in Del Raton Park subdivision and are recorded in Palm Beach
County Plat Book 14 on pages 9 and 10. The three lots total 0.843 acres or 36,721 square feet.
Currently these properties contain a pawn shop, tobacco shop and a sign shop owned by NPC
Holdings LLC.
All three of the subject properties front on South Federal Highway, which is a major thoroughfare
serving the City of Delray Beach. Although there are some residential uses east of these properties,
they are bordered on the north, south and west sides by commercial uses predominantly dominated
by auto related uses. The proposed changes seek to apply a land use and zoning designation which
is more consistent with the prevailing commercial uses. Additional background and an analysis of the
request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of December 18, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the request. There was no public testimony in support of, or opposition to the
proposal. After reviewing the staff report and discussing the proposal, the Board voted 6-0 to
recommend to the City Commission approval of the rezoning and Future Land Use Amendment, by
adopting the findings of fact and law contained in the staff report, and a 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.
Move approval of the Future Land Use Map amendment from TRN (Transitional) to GC (General
Commercial) and rezoning from NC (Neighborhood Commercial) to GC (General Commercial), 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 second reading to occur at a public hearing on
January 16, 2006.
Attachment: Proposed Ordinance and Planning & Zoning Board Staff Report of December 18, 2006 Il
/2.,.,
ORDINANCE NO. 83-06
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 COMPREHENSIVE
PLAN FROM TRN (TRANSITIONAL); TO GC (GENERAL
COMMERCIAL) ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE
PLAN AMENDMENTS; AND REZONING AND PLACING LAND
PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) TO
GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A
PARCEL OF LAND LOCATED ON THE EAST SIDE OF SOUTH
FEDERAL HIGHWAY, BETWEEN AVENUE "G" AND LA-MAT
AVENUE, 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, NPC Holdings LLC, is the fee simple owner of a 0.843 acre parcel of land
located on the east side of South Federal Highway, between Avenue "G" and La-Mat Avenue; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation ofTRN (Transitional); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from TRN (Transitional) to GC (General Commercial); 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 NC (Neighborhood Commercial)
District; and
WHEREAS, at its meeting of December 18, 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 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 I. 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 GC (General Commercial).
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 GC (General Commercial) District for
the following described property:
Lots 1 through 11 inclusive, the West half of Lot 12, Lots 25 through 27, all in Block 25,
together with that 10 foot alley lying between Lots 1 through 9 and Lots 10 and 27, Block 25, Del-
Raton Park, according to the Plat thereof, as recorded in Plat Book 14, Pages 9 and 10 of the Public
Records of Palm Beach County, Florida, less and except therefrom the West 38 feet of said Lots I
through 9, Block 25.
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 all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
2
ORD NO. 83-06
Section 8. 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. 83-06
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
---STAFF REPORT ---
December 18, 2006
IV. A.
Future Land Use Map amendment (small-scale) from TRN (Transitional) to GC
(General Commercial) and rezoning from NC (Neighborhood Commercial) to GC
(General Commercial) for three parcels located at 2703, 2709 & 2715 South Federal
Highway.
GENERAL DATA:
Owner/Applicant.......................... NPC Holdings LLC
Agent............................. ............ Michael Carbone
Location..,..............................;.... On the east side of Federal Highway .
between Avenue G and La-Mat Avenue!
Property Size.............................. 0.843 acres
Existing FLUM........................... TRN (Transitional)
Proposed FLUM......................... GC (General Commercial)
Adjacent FLUM.................North: GC (General Commercial)
East: MD (Medium Density Residential)
South: GC (General Commercial)
West: GC (General Commercial)
Current Zoning............................ NC (Neighborhood Commercial)
Proposed Zoning........................ GC (General Commercial)
Adjacent Zoning................North: SAD (Special Activities District)
East: RM (Multiple Family Residential)'
South: PC (Planned Commercial)
West: AC (Automotive Commercial)
Existing Land Use...................... Sign Shop, Tobacco Shop, Pawn Shop'
Water................................ ... Existing on site
Sewer................................ ... Existing on site
;:-
d
z
~
:r
211. .., ~
, >
.~
LA-MAT AVENUE
IV.A
The item before the Board is that of making a recommendation to the City Commission on a
proposed zoning change from NC (Neighborhood Commercial) to GC (General Commercial) and a
proposed Future Land Use Map Amendment from TRN (Transitional) to GC (General Commercial)
for three individual and contiguous properties.
All three of the subject properties front on South Federal Highway, which is a major thoroughfare
serving the City of Delray Beach. Although there is some residential uses east of these properties, it
is bordered on the north, south and west sides by commercial uses predominantly dominated by auto
related uses. The proposed changes seek to apply a land use and zoning designation which is more
consistent with the prevailing commercial uses.
The subject properties are located in Del Raton Park subdivision and are recorded in Palm Beach
County Plat Book 14 on pages 9 and 10. The three lots total are approximately 0.843 acres or
36,721 square feet.
The property at 2703 South Federal Highway was developed as a 2,356 square foot office space in
1946. The property at 2709 South Federal Highway was developed as a 1,958 square foot retail
store in 1946 and the property at 2715 South Federal Highway was developed as a 1,154 square foot
retail store in 1952. Currently these properties contain a pawn shop, tobacco stop and a sign shop
owned by NPC Holdings LLC.
Prior to June 1989, the subject property was in unincorporated Palm Beach County. The property was
annexed into the city as part of Enclave 50 (Enclave Act) on July 25, 1989, with a GC (General
Commercial) zoning designation and a GC land use designation via Ordinance 38-89.
A Future Land Use Map change from GC (General Commercial) to TRN (Transitional) was approved
by City Commission on November 28, 1989. When this occurred, the GC (General Commercial)
zoning designation became inconsistent with the new Future Land Use Map designation.
In turn, zoning changes City-wide were implemented in September 1990, to bring the zoning map
consistent with the Future Land Use Map. At this time, the zoning designation for the lots was
changed from GC (General Commercial) to PC (Planned Commercial). However, neither the GC nor
PC zoning districts were deemed consistent with the TRN (Transitional) Future Land Use Map
designation.
Thus, on July 9, 1991, the City Commission initiated a zoning change for the subject properties from
PC (Planned Commercial) to POD (Professional Office District). This designation was approved by
City Commission on September 10, 1991 via Ordinance 57-91.
On May 19, 1997, a privately initiated a zoning change for the subject properties from POD
(Professional Office District) to NC (Neighborhood Commercial) was requested. This request was
granted and adopted by the City Commission in Ordinance 24-97 on June 17,1997.
Current Land Use Desianation: The current Future Land Use Map designation for the property is
TRN (Transitional).
Requested Land Use Desianation: The requested Future Land Use Designation is to GC (General
Commercial).
PZB Report
Page 2 of 7
Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land Use Map
Amendment is being processed as small scale development pursuant to Florida Statues 163.3187.
This statutes states that any local government comprehensive land use amendments directly related
to proposed small scale development activities may be approved without regard to statutory limits on
the frequency of consideration of amendment (twice a year), subject to the following conditions:
. The amendment does not exceed 10 acres of land;
· 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; and,
· 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 twelve months.
· That if the proposed amendment involves a residential land use, the residential land use has a
density of 10 units or less per acre except for properties that are designated in the
Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization;
· 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,
· 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 0.843 acre area, thus the total area is less than
the 10 acre maximum. The property is not located within a designated redevelopment area or
traffic concurrency exception area. This amendment, along with other small-scale amendments
processed this year, outside the designated areas, will not exceed 60 acres. For the 2006 year,
0.0 acres have been subject to the small scale amendment process and this 0.843 acres will
make a total of 0.843 acres. This property has not previously been considered for a land use
amendment nor has the same property owner's properties been granted a land use change within
200' feet, within the last year. The proposed amendment is for General Commercial (GC) land
use. Thus, it does not involve a residential land use category. The amendment does not involve a
text change to the Comprehensive Plan. The subject property is not located within an area of
critical state concern.
Pursuant to 163.3187 (6)(a), no amendments may be made to the Comprehensive Plan after the
date established by the State (January 1, 2006) unless it (the City) has submitted its Evaluation
and Appraisal Report (EAR). On October 17, 2006, the EAR was adopted by the City
Commission and has been transmitted to the State of Florida Department of Community Affairs
for sufficiency review.
Given the above analysis, the proposed FLUM amendment meets the criteria of FS. 163.3187
and can be considered as a small-scale land use amendment.
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LDR 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 the Future Land Use Map (FLUM),
Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
PZB Report
Page 3of7
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.
The Future Land Use Map Amendment request is to change the existing NC (Neighborhood
Commercial) designation to GC (General Commercial) use. The general commercial land use
designation, as defined in the Comprehensive Plan, is applied to land which is, or should be,
developed for general commercial purposes (i.e. retail, office, services). A maximum Floor Area
Ratio of 3.0 is permitted for nonresidential uses.
The proposed change is to accommodate General Commercial uses in the existing buildings. The
proposed GC (General Commercial) zoning, in combination with, the proposed GC (General
Commercial) FLUM designation may allow for the best and highest use of the property.
Development under the proposed zoning and land use designation, would be more in line with
existing developments to the north, south and west of the subject property.
The existing NC (Neighborhood Commercial) zoning accompanied with the existing TRN
(Transitional) FLUM designation allows a much more limited range of commercial uses than the
GC (General Commercial) zoning, and is much more restrictive placing maximum limits on sq. ft.
per tenant and maximum floor area per use. These restrictions are to assure the commercial
uses remain of neighborhood scale. These types of restrictions are not appropriate on a highly
commercialized corridor like Federal Highway. Uses as allowed under GC (without such
restrictions) are more appropriate on a 4 lane highway.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
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,
including public schools, of the requested land use and/or development application will not exceed
the ability of the City and The School District of Palm Beach County 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.
Drainaae: With this rezoning request, drainage plans are not required. No drainage problems have
been identified with regards to the existing building. Thus, problems are not anticipated related to
retaining drainage on site or obtaining any building permits, if and when required.
Traffic: The proposed use as a pawn shop, sign shop and tobacco shop are vested with respect to
traffic. This rezoning will not increase traffic for the existing buildings. While the rezoning may
allow redevelopment of the property and potentially increases in intensity, a traffic study and
compliance with traffic concurrency would be required at that time.
Parks and Recreation: Non-residential uses are not considered to have an impact on the City's
Parks and Recreation facilities.
Solid Waste:
Based upon the Solid Waste Authority's typical waste generation rates, the proposed uses would
generate 169.89 tons of waste annually. The Solid Waste Authority has indicated that its
facilities have sufficient capacity to handle all development proposals till the year 2021.
Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed
development will not have an impact with respect to this level of service standard.
PZB Report
Page 4 of 7
Given the above, the proposed development meets concurrency.
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.
The requested GC zoning and GC land use designation will continue to allow commercial uses
similar to the existing NC zoning without tenant and use sq. ft. restrictions. There will be no change
in uses of the existing properties. The proposed zoning and land use map change is more
consistent with the existing character of the commercial nature of South Federal Highway. These
circumstances demonstrate a need for the requested zoning and FLUM change.
Future Land Use Element Objective 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.
There are no significant environmental characteristics to the subject property. The existing use of
the property is compatible with the adjacent land uses, which currently consists primarily of
commercial or retail establishments to the north, south and west.
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.
The development proposed herein is merely a rezoning and land use amendment request to allow
for the existing uses to come in compliance with the Comprehensive Plan and LDRs. The request
does not consist of a proposed development which might entail modifications to existing structures.
Allowing the existing business to continue there current uses will not disrupt the aesthetic value of
the neighborhood nor produce any negative effects inclusive of, but not limited to: noise, dust,
odors or disruptive traffic and circulation problems. Any future improvements of the property, will
require submittal of a separate site plan application and mitigation of any potential negative
impacts.
PZB Report
Page 5 of 7
D Compliance with LDRs: Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall
specifically be addressed by the body taking final action on a land development application/request.
Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district
regulations.
At this time, no physical improvements are proposed. If and when improvements are made (other
than internal mOdification) a site plan review will be required. No concerns meeting the LDR
requirements are anticipated.
D Compatibility: The requested designation will be compatible with the existing and future
land uses of the surrounding area.
As demonstrated in the following "Rezoning Analysis" section, the requested GC (General
Commercial) zoning and land use designation will be compatible with existing and future land uses
of the surrounding area.
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.
Section 3.2.2 (Standards for Rezonina Actions): Standards "A", "B", "C", and "E" are not
applicable with respect to this rezoning request. Standard "D" requires 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.
LAND USE ANALYSIS:
Existina land uses
Subject Property - Commercial (Zoning District: NC; FLU Map: TRN)
North - Commercial (Zoning District: SAD; FLU Map: GC)
South - Retail (Zoning District: PC; FLU Map: GC)
East - Vacant Land (Zoning District: RM; FLU Map: MD)
West - Commercial (Zoning District: AC; FLU Map: GC)
Proposed land uses
Subject Property - Commercial (Zoning District: GC; FLU Map: GC)
North - Commercial (Zoning District: SAD; FLU Map: GC)
South - Retail (Zoning District: PC; FLU Map: GC)
East - Vacant Land (Zoning District: RM; FLU Map: MD)
West - Commercial (Zoning District: AC; FLU Map: GC)
The subject property is bordered on the north, south and west by properties zoned for
commercial use which are compatible with the existing use of this property.
As demonstrated above, this request does not result in an incompatible land use, thus, the
proposed development can be found to be in compliance with LDR Section 3.2.2 (D).
PZB Report
Page 6 of 7
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (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.
(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 basis for which the rezoning should be granted, relates to the third bullet point above,
indicating that the parcels located at 2703, 2709 and 2715 South Federal Avenue is of similar
intensity as allowed under the FLUM and is more appropriate for the property given the parcels
location along a 4 lane highway.
Currently, all properties fronting on South Federal Highway, which are adjacent to this
property, have a higher intensity commercial use than the subject property. Because of its
location on a major north-south thoroughfare, the parcel ceases to serve a transitional
purpose. It better serves the needs of the general public and not the neighboring residentially
zoned districts, which are internally positioned on primarily local roads. Under these
circumstances the rezoning to GC is more appropriate.
Based upon these positive findings, the proposed development is in compliance with LDR
Section 2.4.5(D)(5).
The proposed rezoning is not in a geographic area requiring review by either the Historic Preservation
Board (HPB), Downtown Development Authority (DDA), or the Community Redevelopment Agency
(eRA).
Courtesy Notices: A special courtesy notice was provided to the following homeowners associations:
· Neighborhood Advisory Council
· Progressive Residents Of Delray (PROD)
· Pelican Harbor
· President Council
. Tropic Harbour
· Tropic Bay
IPARC Notice: On December 1, 2006, 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 to date.
Public Notices: Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and/or support, if any, will be presented at the Planning and
Zoning Board meeting.
PZB Report
Page 7 of 7
Positive findings can be made with respect to LOR Section 3.1.1 (Required Findings), LDR Section
3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals,
Objectives, and Policies of the Comprehensive Plan. Therefore, rezoning of the subject property from
NC to GC, and a future land use amendment from TRN to GC, can be recommended for approval,
based on the findings outlined herein.
A. Move a recommendation of approval to the City Commission for the request for rezoning from NC
(Neighborhood Commercial) to GC (General Commercial) and a Future Land Use Map
amendment from TRN (Transitional) to GC (General Commercial) 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 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.
B. Move a recommendation of denial to the City Commission for the request for rezoning from NC
(Neighborhood Commercial) to GC (General Commercial) and a Future Land Use Map
amendment from TRN (Transitional) to GC (General Commercial), 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(D)(5), 3.1.1 and
3.2.2 of the Land Development Regulations.
C. Move to postpone a recommendation of approval or denial in order to continue reviewina the
request for rezoning from NC (Neighborhood Commercial) to GC (General Commercial) and a
future land use map amendment from TRN (Transitional) to GC (General Commercial) for the
subject property with direction.
Staff recommends that the Planning and Zoning Board moves to recommend approval to the City
Commission for the request for rezoning from NC (Neighborhood Commercial) to GC (General
Commercial) and a Future Land Use Map amendment from TRN (Transitional) to GC (General
Commercial) 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 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.
Report prepared by Candi Jefferson, Senior Planner
Attachments:
· Vicinity Map
· Zoning District Map
· Future Land Use Map
ROAD
T ~= ii' )
TO T ~~ i~ ;'J \~1
+r~- ~~~ t ~
TT I /.
- ~~ 8 \ I I II TT1 T
- 1--1--- l ~CVRLEW ROAD U
I- '-1- ~I ~l 1-.- - t
>- ~ ~ 1 ~ _ ~
., '\ ~~O
~ -
~ 1"--0_
_ ff . == ~ '-------------
.y~/ DRt\f: _ ~
~~~ l
~;" . W - I
B"""",- LiJ,: DHGn ~ I I GC
I 7 I] 17 ~ UNDEu. Ill.\ot). __..1
': I - Tt 7 /111111
"" CAHUOHTI< ~ I j I rn L[ I I
~~ '
~
MD ~
\(( -
J
1\ _
--'1
/
~
Cf
~
~
.--
r--
~~W
I
~~~
DI?/IT
~
AD
1 \
I :/J n I I
~ ~ GC ~ I I
, C l' t-- I I 1ROPIC
'"- '1/ eJ: - 1.It
'/1 . ",7'--i oil 'I
III ~ ~ v ~ 110
os I I'H k-- 1
'- _ BANYAN
------. = V' \ I I
~R ~ ~.....E- f--
Q ~~I-Vll
" ""1== '-= k \ II
~ ~~I 1 I
CF rJ I f=- E "j _
I r;c I --!!&;i'(4'" ~ hI,J1
r---- -:::::: =- ==r=
--'_ I I~ c=~i=1= ~
~SPoR~ l ~ r:-- > 1-1=: W-U
. IIUE: cl=:l= - L I ,--
ID~ .,.,\/
~"'AT A\I(NUE: f---
I I A-"'AT A~~ ------=r J
~tJ ~ ~ ~~ ~ I
~~~>- ~i~~ K \ =r
iF AVENUE H e:~~ ~ "i
w/ ~ U ~ E=~ ffi ./! 1
S( ______ ..J ~ HYAClN
Q ~ t::= ,II
'" "'- ::.....I-,j
@- '1
~ ffi1111 v TT
I
i'-.....LL
_I- "'I
_I- V rr
-- "'
'--- ~
~ ili
~
I- 5;
L IYI .
I-
AVENUE L T -"
UT 111111 ~ T
if! I \
N FUTURE LAND USE MAP AMENDMENT
- 2703,2709,2715 S. FEDERAL HIGHWAY
CllY Of" OELRAY BEACH. FL m PROPOSED FUTURE LAND USE: GC(GENERAL COMMERCiAl)
PlANNING Ii: ZONING DEPARTMENT
~~
~
\ri~
J
J n IVI \
.-
~=,W \ J{I
'" l
~~~ \ I
ROAD
I ~: ~( )$
71, om~ li = ; 'R M-\~~
I I I J~ - "lj( .~));
ON ORI~ - < ,..
I I ~'--- ~ ()
II ~
f-.~~ II 1,:-:
('.... CURLEW "~0Il0.:: U ROAD
- f-- ---
AD
....-I
f---
- I-- _ ~~ V~ f--
t; "'<')-
-- I-\--~ ~ I--
1--- ~ ~ -
'a ,---
0-9~ -<
~1--
~
~~ =
~IE' -
f--
-
",-
'"
0Rt"f: ~
J -<I--
. Diii~
~
I \
CF
I)' J
II! j
:
I
~~
~
f--~
-
<i
IJ
'"
I
l AC ~
i r------
I l
,---- I
~
1T
r
II~h
....
S<
is
'==:
P C ::::. .L-.,-
r== ~.s..,
r:==
=r==::::
==:1--_
~
OSR
I
I I
I \
N
-
REZONING
2703,2709,2715 S. FEDERAL HIGHWAY
1m! PROPOSED ZONING: GC (GENERAl COMMERCIAl)
CTY or OELRA Y BEACH. fl
PlANNING &: ZONING DEPARTMENT
-- DIGITAL BASE AlA? SYSTEM --
TROPfC
BOlENDER
\
1
t.--
/
I
AlLAMAND
\1
T
/ I
BANYAN
_\ I
1
v I
CYPRESS
\ I
I--- J ,
I
~
MAP REF: LM980
FROM:
ox
1
TO:
THRU:
CP, DIRECTOR OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 2, 2007
REZONING OF THE 0.18 ACRE PARCEL LOCATED AT 145 SW 12TH AVENUE
FROM MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL (RM) TO
COMMUNITY FACILITIES (CF)
The action requested of the City Commission is approval of a zoning change from RM (Medium
Density Residential) to CF (Community Facilities) for Lot 12 Block 6 Atlantic Gardens Delray
Subdivision to accommodate the City of Delray Beach Community Land Trust (CL T) office.
The subject property is more specifically described as Lot 12, Block 6, Atlantic Gardens Delray,
containing 7,840 square feet. Development on the property consists of a 1,330 sq. ft. one-story, three
bedroom and two bath, single family dwelling built in 1988, which is currently owned by the City of
Delray Beach Community Redevelopment Agency (CRA).
The RM zoning district does not allow community centers as either a principal or conditional use, thus
a rezoning application is being requested to change the existing zoning designation from RM (Medium
Density Residential) to CF (Community Facilities).
Immediately to the north of this parcel is the city owned Neighborhood Resource Center. The
proposed change seeks to apply a zoning designation which is more consistent with the adjacent use
and complements the needs of the neighborhood. Additional background and an analysis of the
request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of December 18, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the request. There was no public testimony in support of, or opposition to the
proposal. After reviewing the staff report and discussing the proposal, the Board voted 6-0 to
recommend to the City Commission approval of the rezoning, by adopting the findings of fact and law
contained in the staff report, and a finding that the request is consistent with the Comprehensive
Plan, the Southwest Area Neighborhood Development 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.
Move approval of the rezoning from RM (Multiple Family Residential) to CF (Community Faciliti~s) 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 the Southwest Area Neighborhood Redevelopment
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 at a public hearing on January 16, 2006.
Attachment: Proposed Ordinance and Planning & Zoning Board Staff Report of December 18, 2006
12]
ORDINANCE NO. 1-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID
LAND BEING A PARCEL LOCATED AT THE NORTHEAST
CORNER OF SW 12TH AVENUE AND SW 2ND STREET, 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, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned RM (Medium Density
Residential) District; and
WHEREAS, at its meeting of December 18, 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 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 ofCF (Community Facilities) District
for the following described property:
Lot 12 Block 6 Atlantic Gardens, Plat Book 14 Page 63, Palm Beach County, Florida
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.
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. 1-07
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT ---
MEETING DATE: December 18, 2006
AGENDA ITEM: IV. B.
ITEM: Rezoning from RM (Medium Density Residential) to CF (Community Facilities) for
the proposed Community Land Trust Office, located at 145 SW 12th Avenue, on the
northeast corner of SW 12th Avenue and SW 2nd Street.
U m
,
I,
. ATLANTIC A V E.
GENERAL DATA: ~QIJIIIJ - II
-
Owner/Applicant........... ............ Delray Beach CRA -
~. ~
-< < <
- !
Location..................................... . Northeast corner of SW 12th Avenue r-
and SW 2nd Street l-
I-
-
property Size.............................. 0.18 Acres -
--
.2l:!i.: 1ST ST.
Existing FLUM......... ..... ............. MD (Medium Density Residential) ~
- - -
_f!' - ~
N f!'- -
Proposed FLUM......................... No Change -- - -- ~- -
- - - - -
- - -
- - -
Current Zoning.... .... ........ ............ RM (Multiple Family Residential) - - -
-
-
Proposed Zoning............... ... ...... CF (Community Facilities) -~
"--
I S.W. 2ND ST.
Adjacent Zoning...... ........ ..North: CF (Community Facilities) '--
-
-
East: RM (Multiple Family Residential) -~ ;i ;i
_VI <A <A
-
South: R-1-A (Single Family Residential) -
- - V
-
West: RM (Multiple Family Residential) - 7r
-
-=-=-
~ 3RD ST.
Existing Land Use...................... Single Family Residence, w
::>
z
Proposed Land Use.................... Community Land Trust Office Facility ~
<{
,
- - s.w
Water Service. .... .. . ... .. . ..... . ... .. Existing on site - - ~
- - ---1
z
Sewer Service. . .. ...... . ..... ... ... . . Existing on site "" - - -
::>
m - -
::> N-
< _ ----J
S.w. -
IV.B
The item before the Board is that of making a recommendation to the City Commission on a rezoning
from RM (Medium Density Residential) to CF (Community Facilities) for Lot 12 Block 6 Atlantic
Gardens Delray Subdivision to accommodate the City of Delray Beach Community Land Trust
(CL T) office.
The RM zoning district does not allow community centers as either a principal or conditional use, thus
a rezoning application is being requested by the Delray Beach CRA to change the zoning designation
from RM (Medium Density Residential) to CF (Community Facilities).
The subject property, more specifically described as Lot 12, Block 6, Atlantic Gardens Delray,
consists of approximately 7,840 square feet. The property contains 1,330 sq. ft. one-story, three
bedroom and two bath, single family dwelling built in 1988, which is currently owned by the Delray
Beach CRA.
In the Southwest Area Neighborhood Redevelopment Plan, adopted by the City Commission on June
2, 2003, the property was assigned to the Northwest Quadrant, which is one of five sub-areas
designated as a study area. In addition to the most recently rezoned Neighborhood Resource Center
(immediately to the north), eight other sites in this sub-area are currently zoned as Community
Facilities (CF). The proposed development is consistent with the goals and objectives outlined in the
Southwest Area Neighborhood Redevelopment Plan relative to this study area.
Immediately to the north of this parcel is the city owned Neighborhood Resource Center. This facility
serves as a community center, designed to assist residents with building stronger, safer communities
by empowering residents through workshops to build leadership skills and providing assistance to
residents tailored to the needs of the community.
Given the immediate success of this facility, the city now desires to expand its efforts to include a
Community Land Trust office which will compliment the existing Neighborhood Resource Center by
offering additional opportunities for self empowerment to its residents by providing home ownership
opportunities.
This facility will be owned by the Delray Land Trust which is a private, not-for-profit organization. It
has been established primarily to acquire assets and then hold them in perpetuity for local use.
However, it may also meet the needs of the community by offering a means to accomplish each of
the following:
. Buying, developing and holding land, housing, community buildings and services
for the benefit of local people;
. Attracting investment for projects from local individuals and private companies,
as well as, public and voluntary bodies;
. Providing space for workshops and offices, and offering rental options to residents;
. Re-investing growing income from rents in new social and economic provision;
. Engaging local people and organizations in the control and management of
community assets;
PZB Report
Page 2 of 9
. Bringing together a wide spectrum of different partners to produce
interdependent solutions;
. Mobilizing the goodwill and services of local professional and skilled people.
The office is proposed to accompany and reside adjacent to the Neighborhood Resource Center,
which was recently rezoned from RM to CF, by the City Commission on June 20, 2006 through City
Ordinance No. 32-06. The expansion of the existing Neighborhood Resource Center by adding
facilities for the Community Land Trust office, further supports the commitment of the City
Commission to create quality neighborhoods where people want to live through citizen involvement in
the decision-making processes, and collaborative partnerships.
Furthermore, the requested CF zoning is of similar intensity as RM, and is more appropriate for the
property based upon current circumstances particular to this site and neighborhood.
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LDR 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 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.
The subject property has a Future Land Use Map designation of MD (Medium Density Residential
5-12 du/ac). Pursuant to LDR Section 4.4.21, the CF (Community Facilities) zoning district is a
special purpose zoning district primarily, but not exclusively, intended for locations at which
facilities are provided to serve public, semi-public and private purposes. The CF District is
deemed compatible with all land use designations shown on the Future Land Use Map.
Principal Uses and Structures Allowed:
Pursuant to LDR Sections 4.4.21 (B)(1) and 4.4.21 (B)(2), the following types of uses are allowed
within the CF District as a permitted use:
. Governmental, such as civic centers, courts, courthouses, temporary holding facilities, fire
stations, governmental offices, public health facilities, law enforcement offices and facilities,
post offices, public utility facilities (i.e. lift stations), water storage tanks, water treatment
plants, water wells, wastewater treatment plants, and drainage facilities.
. Community, such as civic centers, community theater, cultural facilities and auditoriums, arts
and crafts centers, libraries, museums, public parking lots and garages.
PZB Report
Page 3 of 9
The proposed Community Land Trust office serves as both a governmental office and a
community resource center, thus it is deemed consistent with its existing Future Land Use
Map designation of MD (Medium Density Residential 5-12 du/ac).
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
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,
including public schools, of the requested land use and/or development application will not
exceed the ability of the City and The School District of Palm Beach County 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.
DrainaQe: With this rezoning request, drainage plans are not required. No drainage problems
have been identified with regards to the existing building. Thus, problems are not anticipated
related to retaining drainage on site or obtaining any building permits, if and when required.
Traffic: Traffic for the facility directly adjacent to the Community Land Trust office on the north,
was recently analyzed for the Neighborhood Resource Center. Utilizing a community center
traffic rate, the traffic impact is estimated at 12 daily trips with three (3) AM three (3) PM peak
trips. These trips can be easily absorbed by the surrounding street network and no tr(;!ffic
concurrency issues are noted.
Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, the
proposed Community Land Trust office would generate an estimated maximum of 19.2 tons of
waste annually. The Solid Waste Authority has indicated that its facilities have sufficient capacity
to handle all development proposals until the year 2021.
Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed
development will not have an impact with respect to this level of service standard.
Parks and Recreation: Non-residential uses are not considered to have an impact on the City's
Parks and Recreation facilities.
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
PZB Report
Page 4 of 9
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.
As mentioned in the "Background Analysis" section, the Community Land Trust office is proposed
to accompany and reside adjacent to the Neighborhood Resource Center, which was recently
rezoned from RM to CF. The expansion of this community resource encourages citizen
involvement in the decision-making processes and collaborative partnerships. The requested CF
(Community Facilities) zoning is of similar intensity as RM (Multiple Family Residential), and is
more appropriate for the property based upon current circumstances particular to this site and
neighborhood.
Future Land Use Element Objective 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.
There are no significant environmental characteristics to the subject property. The future
redevelopment of the property as a Community Land Trust office will be compatible with the
adjacent land uses, which consists of primarily single family residences and the Neighborhood
Resource Center to the north.
Future Land Use Element Policv C-1.7: The following pertains to the Southwest
Neighborhood Redevelopment Area:
This area is generally defined as the area bounded by West Atlantic Avenue on the north,
SW 10th Street on the south,lnterstate-95 on the west, and Swinton Avenue on the east.
Many of the parcels in the area contain vacant or dilapidated structures, substandard
parking and substandard landscaping. The area also contains residential areas identified
as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the
Housing Element.
The Southwest Area Neighborhood Redevelopment Plan was adopted by the City
Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the
revitalization and stabilization of the area. The Southwest Area Neighborhood
Redevelopment Plan is divided into five sub-areas based upon current and proposed land
uses. The sub-areas serve to define potential boundaries for the phased implementation
of the various plan components. Future development in the area must be in accordance
with the provisions of the Redevelopment Plan.
The subject property resides with the boundaries of the Southwest Area Neighborhood
Redevelopment Plan, and is more specifically located within the Northwest Quadrant sub-area.
The Northwest Quadrant is bounded by Atlantic Avenue on the north, SW 3rd Street on the south,
1-95 on the west, and SW 8th Avenue on the east. The plan for this area calls for substantial
redevelopment of property north of 2nd Street to include neighborhood-oriented retail and office
PZB Report
Page 5 of 9
uses, as well as, multi-family apartment buildings, courtyard apartments, town homes and limited
new single family development.
In addition, SW 12th Avenue remains as the primary north-south corridor for pedestrians and
vehicles, connecting the gateway park with the village green, the neighborhood greens at SW 2nd
Street, and the Village Academy and Service Center to the South.
With the Community Land Trust office being ideally located north of 2nd Street and fronting on the
major north-south corridor, 1 ih Avenue, the proposed development promises to be easily
noticeable and accessible to neighborhood residents.
Given the above, positive findings with the Comprehensive Plan can be made.
Future Land Use Element Policy C-4.2: The "Downtown Delray Beach Master Plan"
was adopted by the City Commission on March 19, 2002. Covering the downtown business
districts surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it represents
the citizens' vision for the growth and unification of Delray Beach, while still retaining the
"village like, community by-the-sea" character of the CBD. The Plan addresses a wide
range of issues including intill development, neighborhood parks, shared parking, public
art, the roadway and alleyway systems, marketing/economic development, and the need to
modify the Land Development Regulations to include design guidelines to retain the
character of Delray Beach. Future development and redevelopment in this area shall be
consistent with the Master Plan.
The subject property resides within the study area of the downtown "Downtown Delray Beach
Master Plan" and is more specifically located within the West Atlantic Neighborhood. The
ideology within this study area is consistent with the concepts and recommendations found within
the "West Atlantic Development Plan". Thus, both plans should be considered when evaluating
any proposal for development or redevelopment in this district.
With the Community Land Trust office having a primary purpose of obtaining ownership of local
property and providing affordable housing opportunities for residents of Delray Beach, it promotes
the goals and objectives of the "Downtown Delray Beach Master Plan".
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.
The development proposed herein is merely a rezoning to allow for the proposed use and
involves minimal modifications to the existing single family residential structure. The Community
Land Trust office will neither disrupt the aesthetic value of the neighborhood nor produce any
negative effects inclusive of, but not limited to: noise, dust, odors or disruptive traffic and
circulation problems. The facility will benefit the neighborhood by providing enhanced access to
vital services.
Based upon the above, positive findings with the Comprehensive Plan can be made.
PZB Report
Page 6 of 9
o Compliance with LDRs: Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall
specifically be addressed by the body taking final action on a land development
application/request. Such items are found in Section 2.4.5 and in special regulation portions of
individual zoning district regulations.
At this time, no physical improvements are proposed. If and when improvements are made (other
than internal modification) a site plan review will be required. No concerns meeting the LDR
requirements are anticipated.
o Compatibility: The requested designation will be compatible with the existing and future
land uses of the surrounding area.
As demonstrated in the following "Rezoning Analysis" section, the proposed zoning designation of
CF (Community Facilities) will be compatible with the existing and future land uses of the
surrounding area.
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.
Section 3.2.2 {Standards for RezoninQ Actions}: Standards "B", "C", and "E" are not
applicable with respect to this rezoning request. Standard "A" requires that 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. This request is for Community Facilities, which is allowed under Section 3.2.2(A). Standard
"D" requires 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.
PZB Report
Page 7 of 9
Existina land uses
Subject Property - Single Family Residential (RM zoned)
North - Neighborhood Resource Center (CF zoned)
South - Single Family Residential (R-1-A zoned)
East - Vacant Single Family Residential (RM zoned)
West - Single Family Residential (RM zoned)
Proposed land uses
Subject Property - Community Land Trust (CF zoned)
North - Neighborhood Resource Center (CF zoned)
South - Single Family Residential (R-1-A zoned)
East - Vacant Single Family Residential (RM zoned)
West - Single Family Residential (RM zoned)
The subject property is bordered on the south, east and west by residential ,zoned properties
and accommodates a mix of single family and multiple family residences which are
compatible with the existing use. The adjacent property to the north is an existing community
facility which was recently rezoned from RM (Multiple Family Residential) to CF (Community
Facility). The Neighborhood Resource Center to the north, is compatible with the proposed
use of the subject property. The Community Land Trust office will also compliment the NRC,
and will be serving the same neighborhood residents. The facility will provide vital
neighborhood access to services in a neighborhood setting.
As demonstrated above, this request does not result in an incompatible land use, thus,
the proposed development can be found to be in compliance with section 3.2.2(D).
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (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
(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 andlor neighborhood.
The basis for which the rezoning should be granted, relates to the third bullet point above,
indicating that the parcel located at 145 SW 12th Avenue is of similar intensity as allowed
under the FLUM and is more appropriate for the property based upon current circumstances
specific to this site and neighborhood.
The requested change to allow a CF (Community Facility) zoning designation for the
Community Land Trust office will further the goal of the City Commission to create quality
PZB Report
Page 8 of 9
neighborhoods where people want to live. Equally, if not more important, it will address the
immediate needs of the neighborhood and its residents.
Community Redevelopment Aaency (CRA):
The Delray Beach Community Redevelopment Agency (CRA) has submitted this application for
rezoning from RM to CF, in order to compliment the City's existing Neighborhood Resource Center.
It is anticipated that establishment of an independent Community Land Trust office, which will allow
residents to create and control community assets, will provide substantial long term social, cultural,
environmental and economic benefits.
Courtesy Notices: A special courtesy notice was provided to the following homeowners associations:
. Neighborhood Advisory Council
. Progressive Residents Of Delray (PROD)
. Bellehaven
. Atlantic Park Gardens
. President Council
Public Notices: Formal public notice has been provided to property owners within a 500' radius of
the subject property. Letters of objection and/or support, if any, will be presented at the Planning and
Zoning Board meeting.
Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section
3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the
Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, rezoning the subject property
from RM to CF is recommended for approval, based on the findings outlined herein.
A. Move a recommendation of approval to the City Commission for the request for rezoning from
RM (Medium Density Residential) to CF (Community Facilities) for the subjeGt 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 the Comprehensive Plan and the Southwest Area
Neighborhood Redevelopment 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.
B. Move a recommendation of denial to the City Commission for the request for rezoning from RM
(Medium Density Residential) to CF (Community Facilities) 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 Southwest Area Neighborhood Redevelopment
Plan, and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
C. Move to postpone a recommendation of approval or denial and continue the request for rezoning
from RM (Medium Density Residential) to CF (Community Facilities) for the subject property with
direction.
PZB Report
Page 9 of 9
Staff recommends that the Planning and Zoning Board moves to recommend approval to the City
Commission for the request for rezoning from RM (Medium Density Residential) to CF (Community
Facilities) 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 the Comprehensive Plan
and the Southwest Area Neighborhood Redevelopment 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.
Report prepared by Candi Jefferson, Senior Planner
Attachments:
· Vicinity Map
· Zoning District Map
,
1
,
il J~~
I
I
T
T
,
I
~~
<{
-
-
j!:-
1/)-
-
f---
f---
~lT
I
~~
~\ \ ~T
I
IL- ~
'1 -
-~ /
--
-- ~ hZ"
-
-II'-
w
>
<(
<{
~
S
- I
I
\-~
=a~
f---
-
-
~
.
I
-
j!:---L
II I::: I
,.-'
-
IF~
,~
~~
~,
~ {
'l
--
.--
3:_ -~
z z
,
II TI
rill] DIOJ .
~-~ ~
z _
=z::
1ST
'--
-
N.W.
/
/
30
Z
-
--
-
.
CF
[Iillill 0illI1IJ [ill T T ul
A T LAN TIC A V E N U ECBD
I OIR rnIIIIIIill L =-
n~
illIJIill]] - d=
- f---
. - f---
I
~
<(
~
<(
~
-:--
~-
<-
-
~
<(
j!:
....
f---
-
-
_ST,:....--
j;-1-- -
"'--
==I~
--~
--
30--
vi -----1 ~
----1 -
-----1 - -
ST.
--
--
I--- _
--
-j!:
Ul
II
II
ill~
--
I I
llliJIIl
S.W.
2ND
Jffim
7 ""(
---1 ,O~_I-- 5..2 D
~ U ffiEB
vi j!:
/ Ol '- L~ 5.. N
==~ 7 \:L 1nrTr[[]
/ ~ ITJIU \11 III
ST.
[ill]] OJ]] ~
In
-
-
-
i-..
30
vi
30
vi
30
vi
30
vi
--
f--- -
f--- -
11
S.W.
3RD
-
:J I..
1 I_
~
'-ia
i?;1
S. W. 3RD CT.
tjl
r-=
-
-
-
-
N
REZONING
145 SW 12TH AVENUE
mlI PROPOSED ZONING: CF (COMMUNITY FACILITIES)
CITY Of DELRA Y BEACH. FL
PLANNING'" ZONING DEPARTlAENT
MAP REF: LM979
-- DIGITAL BASE MAP SYSTEM --
~
TO:
THRU:
FROM:
SUBJECT: .
D~ T. HA DE , CITY MANAGER
PA(,~RLlNG, ~P, DIRECTOR OF PLANNING AND ZONING
ESTELlO BRETO, SENIOR PLANNER
MEETING OF JANUARY 2, 2007
FUTURE LAND USE MAP AMENDMENT FROM COUNTY LR-1 (LOW
RESIDENTIAL 1 DUlAC) TO CITY LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC),
AND REZONING FROM COUNTY AR (AGRICULTURAL RESIDENTIAL) TO CITY
R-1-AA (SINGLE FAMILY RESIDENTIAL) FOR A 0.72 ACRES PROPERTY
LOCATED AT 2200 LAKE DRIVE.
The subject property is 0.72 acres located at 2200 Lake Drive. The pr:operty is bound to the south
and east by single family homes within the City of Delray Beach. To the west and north is Lake Ida.
The subject property consists of one parcel which is privately owned and contains a single family
home. The subject property is part of an established subdivision having a City Land Use Designation
of LD (Low Density Residential 0-5 du/ac) and zoning of R-1-AA that allows for residential
development with a density between zero and five units per acre. The proposed land use and zoning
designation are consistent with the adjacent development.
The property was annexed into the City of Delray Beach via Ordinance 44-06 on September 19,
2006. This Ordinance included a small scale amendment and zoning. However, DCA (Department
of Community Affairs) has objected to this part of the Ordinance as it was enacted prior to the
adoption of the EAR (Evaluation and Appraisal Report) amendment (October 23, 2006). Therefore
we are re-adopting the Small Scale Future Land Use Map amendment and zoning portion of the
original application. Additional background and an analysis of the request are found in the attached
Planning and Zoning Board Staff Report.
At its meeting of August 21, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the requests. There was public testimony in opposition related to traffic increase
and concerns that future development could include a zero lot line development. After reviewing the
staff report and discussing the proposal, the Board voted 6 to 0 to recommend that the request be
approved. This recommendation was 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 ordinance No. 3-07 for FLUM amendment from County LR-1 to
City LD (Low Density Residential 0-5 du/ac), and rezoning from County AR (Agricultural Residential)
to City R-1-AA (Single Family Residential), 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 Sections 2.4.5.(D)(5) (Reasons for Rezoning), Future Land Use Element
Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1
(Required Findings) and 3.2.2 of the Land Development Regulations, and set a second reading date
for January 16, 2007.
Attachment:
· Proposed Ordinance No. 3-07
l'l.t
ORDINANCE NO. 3-07
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 COUNTY LR-1 (LOW RESIDENTIAL 1 DUlAC); TO LD
(LOW DENSITY RESIDENTIAL 0-5 DUlAC); ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND
REZONING AND PLACING LAND PRESENTLY ZONED COUNTY
AR (AGRICULTURAL RESIDENTIAL) TO R-1-AA (SINGLE
FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL
OF LAND LOCATED AT THE NORTHWEST CORNER OF LAKE
DRNE AND NW 22ND STREET, AS MORE P ARTICULARL Y
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, Liliana Batista, is the fee simple owner of a 0.72 acre parcel of land located at
the northwest comer of Lake Drive and NW 22nd Street; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation of County LR-1 (Low Residential 1 du/ac); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from County LR-1 (Low Residential 1du/ac) to LD (Low Density Residential 0-5
du/ac);and
WHEREAS, the property hereinafter described has a zoning classification of County AR
(Agricultural Residential); and
WHEREAS, at its meeting of August 21, 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
o 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 DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. 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 du/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-l-AA (Single Family Residential)
District for the following described property:
, Beginning at the Southeast comer of Lot A, Plat of Lake Shore Estates, as recorded in Plat
Book 25, Page 26, Public Records of Palm Beach County, Florida; Thence South 890 55' 15" West,
a distance of219.95 feet to point on a curve concave to the east having a chord bearing of 020 47'
45" and a radius of 150 feet; Thence Northerly along said curve through a central angle of North 50
40' 06" East a distance of 14.84 feet; Thence North 250 55' 55" West, a distance of 2.94 feet;
Thence North 000 51' 14" West a distance of 22.05 feet; Thence North 070 32' 39" East, a distance
of 12.74 feet; Thence North 160 11' 44" East, a distance of 24.61 feet; Thence North 120 11' 07"
East, a distance 17.11 feet; Thence North 440 45' 40" East, a distance of 55.28 feet; Thence North
56018' 0 I" East, a distance of 22.00 feet; Thence North 71 . 41' 50" East, a distance of 21.18 feet;
Thence North 83. 08' 53" East, a distance of 125.82 feet; Thence South 74. 48' 01" East, a
distance of 1.16 feet; Thence North 90. 00' 00" East, a distance of 5.32 feet; Thence South 165.24
feet to the point of beginning.
Section 5. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map ofthe City of Delray Beach, Florida, to conform with
the provisions of Section 4 hereof.
2
ORD NO. 3-07
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 8. That this ordinance shall become effective 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. 3-07
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
August 21, 2006
V.B.
A privately initiated voluntary Annexation, Future Land Use Map (FLUM)
Amendment from County LR-1 (Low Residential 1 du/ac) to City LD (Low Density 0-
5 du/ac) and rezoning from County AR (Agricultural Residential) to City R-1-AA
(Single Family Residential) for a 0.72 acres parcel located on 2200 Lake Drive.
GENERAL DATA:
Owner! 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.............................
Castle Florida
Weiner and Aronson
2200 Lake Drive
0.72 Acres
LR-1 (Low Residential 1 du/ac)
LD (Low Density Residential)
AR (Agricultural Residential)
R-1-AA (Single Family
Residential)
City of Boynton Beach Open
Space (OS), Lake Ida
Single Family Residential (R-1-
AA)
Single Family Residential (R-1-
AA)
City of Boynton Beach Open
Space (OS)
Single family residence
Single family residence
Municipal water service is
available via connection to a 6"
water main located along Lake
Drive.
Sewage is available adjacent to
the site via an existing 8"
sewage main along Lake Drive.
~' i I JJ..l
~....... NI'
j
(
LA K E
i
j
~ EaEN
~
~ .... -( LMt [001 WAY
.......
I r
I-- ,--!!:!..... -- !!!!!.._'
.
LA K E I-- I---!-
"
I a A I-- ~- "-I-.. --
,
I I IJ
. ~,~ ~II
TTT
I I
TI
TI
II
'.".".II-=:ny LMn-.....
'ttW.~~
~ I
'" \ I I I I II
HID
~ = ! 11 I I
\j - IT T T
H T T "-L#
,~I I ~ r j:
I=~
I-- I-- I--
1--1-- ... I--
I--
PARK I-- t
~rT-1r I
rl
V.B.
The action before the Board is that of making a recommendation to the City Commission on a
privately initiated voluntary Annexation, Future Land Use Map (FLUM) Amendment from LR-1
(Low Residential 1 du/ac) on the Palm Beach County Comprehensive Plan to LD (Low
Density) and rezoning from AR (Agricultural Residential) to R-1-AA (Single Family Residential)
for a 0.72 acres parcel located on 2200 Lake Drive.
Pursuant to Land Development Regulations (LDR) 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 is 0.72 acres located at 2200 at Lake Drive. The property is bound to the
south and east by single family homes within the City of Delray Beach. To the west and north
is Lake Ida. The subject property consists of one parcel which is privately owned and contains
a single family home. The access to this parcel is currently via Lake Drive from NW 22 Street.
The subject property is currently under the jurisdiction of Palm Beach County and it is not in a
designated annexation area for the City of Delray Beach. The parcel is located along the north
boundary of the City of Delray Beach to the east of Inter-State 95. Given the parcels proximity
it is more appropriately located under the Jurisdiction of Delray Beach. To that end this parcel
has been recently de-annexed from the City of Boynton Beach, and is being processed as a
privately initiated voluntary annexation into the City of Delray Beach. The City has not given
an advisory land use designation, however the subject property is immediately adjacent to a
City's 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 Voluntary Annexation, FLUM Amendment from County LR-1
(Low Residential 1 du/ac) to City LD (Low Density) and a Rezoning from County AR to City R-
1-AA.
Current Land Use Desianation: The current land use map designation for the property is
County LR-1 (Low Residential 1 du/ac)). The City has no advisory land use designation but
supports the LD (Low Density Residential 0-5 du/ac) designation given the adjacent
designation and similar uses which allow for residential development with a density between
zero to five units per acre.
Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land
Use Map Amendment is being processed as small scale development pursuant to Florida
Statues 163.3187. This statutes states that any local government comprehensive land use
amendments directly related to proposed small scale development activities may be approved
without regard to statutory limits on the frequency of consideration of amendment (twice a
year), subject to the following conditions:
. The amendment does not exceed 10 acres of land;
. 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; and,
Planning and Zoning Board Me; g of August 21. 2006 Staff Report
2200Lake Drive - Annexation wI1I1lnitial Zoning of R-1-AA and Small-Scale f-...0M Amendment of LD
Page 2
. 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 twelve months.
. That if the proposed amendment involves a residential land use, the residential land use
has a density of 10 units or less per acre except for properties that are designated in the
Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization;
. 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,
. 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 0.72 acres site, thus the total area is less
than the 10 acres maximum. The. property is not located within a designated redevelopment
area or traffic concurrency exception area. The proposed amendment to Single Family
Residential (R-1-AA) is deemed compatible with LD (Low Density Residential 0-5 du/ac) Future
Land Use Map Designation in that Low Density Residential development is allowed. Single
family homes are allowed as a permitted use within the R-1-AA District. Given the adjacent
development pattern and proximity of the subject property to the existing residential
neighborhood to the east and south these designations are appropriate. This amendment
along with other small-scale amendment processed this year (0.99 acres for Robotic Space
Savers Self-storage Facility), equals to 1.71 acres, and thus, will not exceed 60 acres. This
property has not previously been considered for a City Land Use Map amendment nor has the
same property owner's properties been granted a City land use change within 200' feet, 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. Given the above, the proposed FLUM
amendment can be processed as a small scale amendment.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Designated Annexation Area: The subject property has been temporarily placed under the
jurisdiction of Palm Beach County awaiting this annexation process. This parcel has been
recently de-annexed from the City of Boynton Beach, and is being processed as a privately
initiated voluntary annexation. 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.
Land Use Analysis:
Consistency Between the City and County Land Use Desianations:
The proposed City Land Use Map Designation for the property is LD (Low Density
Residential0-5 du/ac). The existing County Future Land Use Map Designation for the property
is LR-1 (Low Density Residential 1 du/ac). While the City's designation of LD allows slightly
greater density it is more consistent with the prevailing land use pattern. Further the proposed
zoning of R-1-AA will assure any future development remains consistent.
Adiacent Land Use MaD Designations, Zonina Designations and Land Uses:
The following zoning designations and uses abut the subject property:
Planning and Zoning Board Me g of August 21, 2006 Staff Report
2200Lake Drive - Annexation Wlui Initial Zoning of R-1-AA and Small-Scale h.uM Amendment of LD
Page 3
Zoning Designation
Use
North: Boynton Beach Open Space (OS) Lake Ida
South: Single Family Residential Single Family Residence
East: Single Family Residential Single Family Residence
West: Boynton Beach Open Space (OS) Lake Ida
Allowable Land Uses:
Under the proposed LD (Low Density Residential 0-5 du/ac) Future Land Use Map
designation, the current single family home is allowed.
REQUIRED FIDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3:
Pursuant to LDR 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
the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the Land Development Regulations.
[J Future Land Use MaD: 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 proposed Single Family Residential (R-1-AA) zoning district is consistent with the
proposed LD (Low Density Residential 0-5 du/ac). The LD (Low Density Residential 0-5
du/ac) is typically applied to land which is developed or to be developed, at a density of five
units per acre or less. Such land is usually developed for single family purposes. Based on
the above, positive findings can be made with respect to FLUMconsistency.
[J 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 LR-1 (Low Residential 1 DU/AC) to LD on a 0.72 acre-parcel.
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,
Planning and Zoning Board Me 9 of August 21, 2006 Staff Report
2200Lake Drive - Annexation W.ul Initial Zoning of R-1-AA and Small-Scale h...uM Amendment of LD
Page 4
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 this 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 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 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.
Annexation will not require additional manpower.
Fire and Emeraency Services: The annexation of this property will not require additional
manpower. The municipal area is served by Fire Station No. 1 (401 West Atlantic
Avenue). 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.1 at 401 West Atlantic Avenue).
Water: Municipal water service is available via connectiog to a 6" water main located along
Lake Drive. The City of Delray Beach currently provides water, sewer, and garbage
collection for the subject property, and thus, any future redevelopment of the property will
have City services. A fire hydrant is located on the northeast corner of Lake Drive and NW
2200 Street. Pursuant to the Comprehensive Plan, treatment capacity is available at the
City's Water Treatment Plant at build-out.
Sewer: Sewage is available adjacent to the site via an existing 6" sewage main along Lake
Drive. The City of Delray Beach currently provides water, sewer, and garbage collection for
the subject property. A fire hydrant exists and is located on the east side of Lake Drive right
across from the subject property.
Streets: The property can be accessed Lake Drive from NW 22nd Street. Lake Drive is
under a shared jurisdiction of the City of Delray Beach and the City of Boynton Beach and
the jurisdictional responsibility and the associated maintenance responsibility will not
change upon annexation.
Solid Waste: The subject property contains a single family home and therefore has a minor
impact on this level of service standard. The solid waste authority has indicated they have
sufficient capacity 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.
Planning and Zoning Board M€ 9 of August 21, 2006 Staff Report
2200Lake Drive - Annexation wllIllnitial Zoning of R-1-AA and Small-Scale t-..uM Amendment of LD
Page 5
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.
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 LR-1 (Low Residential 1 du/ac) and the City designation is LD (Low Density
Residential), which allows single family residential developments. As the City's FLUM
designation is being applied as part of an annexation the requirement to provide
justification for the need does not apply. It is noted that the City does not have an advisory
. designation as this parcel was not originally anticipated for annexation. Further, the
proposed R-1-AA designation would allow a similar density (0-5 du/ac) as the one currently
allow under the County Land Use designation of LR-1 (Low residential 1 du/ac).
Future Land Use Element Objective 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
prohibit development of the site or require mitigation measures. Under the County LD
FLUM designation, a range of 0 to 5 du/ac is allowed. The requested LD (Low Density),
Land Use Map designation and zoning designation ofR-1-AA will be compatible with the
adjacent single family development patterns. The requested R-1-AA zoning would be
similar to properties to the east and south (single family homes) already within the City's
jurisdiction. The property immediately to the north is currently zoned Single Family
Residential and is within the City of Boynton Beach Jurisdiction.
Compatibility - The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The proposed Single Family Residential (R-1-AA) zoning district is consistent with the
prevailing land use patterns. Consequently, compatibility with the abutting low density
residential properties to the north, east, and to the south (single family homes) is not a
concern.
Planning and Zoning Board Me g of August 21,2006 Staff Report
2200Lake Drive - Annexation wlln" Initial Zoning of R-1-AA and Small-Scale h.uM Amendment of LD
Page 6
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
At this time no issues have been identified which would indicate non-compliance of the
subject property with the requirements of the R-1AA zoning district. Any future
redevelopment of the subject property will be reviewed for compliance with the LDRs
during the building permit process.
Florida Statues Governina 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
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 bya single municipality and a natural or man made obstacle that
allows the passage of vehicular traffic to that unincorporated area only through the
municipality.
. The property is contiguous with the City and reasonably compact. This annexation will not
create an 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.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Deslanated annexation area: The subject property is under the jurisdiction of Palm Beach
County and it is not within a designated annexation area for the City of Delray Beach. The
parcel is located along the north boundary of the City of Delray Beach to the east of Inter-State
95. This parcel has been recently de-annexed from the City of Boynton Beach, and is being
processed as a privately initiated voluntary annexation. Annexation of the property does not
specifically require the parcels to be in a designated future annexation area although it is
preferable. Therefore, 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.
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.
Financial Impacts:
Effect uoon Annexed Prooertv:
Planning and Zoning Board Me 19 of August 21,2006 Staff Report
2200Lake Drive - Annexation w..o Initial Zoning of R-1-AA and Small-Scale t LlJM Amendment of LD
Page 7
The following table depicts the current assessed value and total (City of Boynton Beach)
taxes for the subject property: Boynton Tax base has been applied as they are the most
recent to be applied and paid .
For the 2005/2006 tax year the subject property had an assessed value of $479,143. With
the change from City of Boynton Beach to City of Delray Beach jurisdiction, the following
taxes and rates will be affected:
2200 LAKE DRIVE ANNEXATION
; ~\~iF"1 :!i (~1: (~Jl'I' - ~~ -;- r_n~ ~f.2I,~j'~;-f{[~)-S'f f -~{~;~1~~-t~r ~)'~1,~ ~fVfF?-~ t ~-. ~~~"'r"Vl-c"'f~ r-Dl~~ j;l?\\\?~ Llrr\"t ()~, ~Dl:- ~ ~,;-;\<'1
l .. __L _ ~ ~2f.f~~~~ __ .". ~ _._ ~_~_ 'L~~~~-J 6;,>;~:$. L :~,tU;1~~,~JL 1jm?li~0SjlQ~,-l~ _:._~ir~~~~~~ t_~ __(ll;l~~!~iG. ". .__
3,594.57 7.50208184 DELETE 0.00 0.000000
62.29 0.13000294 DELETE 0.00 0.000000
18.45 0.03850625 18.45 0.038506
517.47 1.079991 517.47 1.079991
2,132.19 4.45000762 2,132.19 4.450008
128.99 0.26920982 128.99 0.269210
329.99 0.6887088 329.99 0.688709
106.37 0.22200053 106.37 0.222001
1,271.65 2.65400935 1,271.65 2.654009
2,505.92 4.731218 2,505.92 4.731218
286.05 0.5970034 303.65 0.597003
47.91 0.5970034 47.91 0.597003
3,577.33 7.466100
255.81 0.533900
* Total tax millage in the City of Boynton Beach is 22.9597 mills while in the city the total
millage is 23.3276 mills. Therefore the difference is 0.3679 mills.
The current yearly ad valorem taxes are $11,001.85 With annexation the yearly ad valorem
taxes will be $11,177.28, (11,001.85+75.43=11,177.28); a tax difference of $75.43. In
addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply:
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 redeveloped
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.
Solid Waste Authority - The City of Delray Beach currently provides garbage collection for
the subject property under a contract by Waste Management (pursuant to a contract awarded
Planning and Zoning Board ME ,g of August 21, 2006 Staff Report
2200Lake Drive - Annexation wlUllnitial Zoning of R-1-AAand Small-Scale fLUM Amendment of LD
Page 8
October 1, 2003). 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 the Property Owner:
AD VALOREM TAXES 2005
City Mills. Boynton Beach Mills
23.32766 22.95974 . =
NON AD VALOREM TAXES 2004
Stormwater Assessment
Solid Waste Collection
WATER & SEWER UTILITY FEES
ANNUAL FINANCIAL IMPACT:
+ $97.67
0.3679
$54.00
$42.24
$0.00
+ $193.91
Fire Response
+
Faster response from an estimated 5.5
minutes Coun . to 2.5 minutes Ci .
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes (Ci .
Better response based upon more officers
in field; 14 patroll cars per shift daytime.
15 atroll cars durin the ni hI.
Pro-active vs reactive opportunity to work
with ro ert owners.
Emergency Medical
Services EMS
Police
+
+
Code Enforcement
+
Fiscal ImDacts to the City: At the 2004/2005 City operating millage of 7.4661 mills and debt
rate of 0.5339 mills, the property will generate approximately $3.887.14 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.
AD VALOREM TAXES 2005
City of Delray Beach 7.4661 Mills $3,577.33
City of DelrayBeach Debt 0.5339 Mills $255.81
SUB-TOTAL $3,833.14
NON-AD VALOREM TAXES
Storm Water Utility (1 Unit@ $54) $54.00
SUB-TOTAL $3,887.14
PARK AND RECREATION IMPACT FEE
$500 per unit $0.00
TOTAL $3,887.14
FiscallmDacts to the City: At the 2004/2005 City operating millage of 7.4661 mills and debt
rate of 0.5339 mills, the property will generate approximately $3.887.14 in new ad valorem
Planning and Zoning Board ME' 9 of August 21, 2006 Staff Report
2200Lake Drive - Annexation wllIllnitial Zoning of R-1-AA and Small-Scale l-'...uM Amendment of lD
Page 9
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.
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LDRs 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-AA (Single Family Residential) while the current
County zoning designation is AR (Agricultural Residential).
The surrounding zoning designations are: City of Boynton Beach Open Space (Lake Ida) to
the west; City of Delray Beach R-1-AA to the east; City of Boynton Beach R-1-AA (Single
Family Residential) to the north; and City of Delray Beach R-1-AA (Single Family Residential)
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 LDR Section
3.2.2, along with the required findings in LDR 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.
Section 3.2.2 (Standards for Rezonina Actions): Standard "A", "B", "C", and "E" are not
applicable with respect to this rezoning request. The applicable performance standards
of Section 3.2.2 are as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The proposed Single Family Residential (R-1-AA) zoning district is consistent with the
proposed LD Land Use designation (Low Density Residential 0-5 du/ac). The LD (Low Density
Residential 0-5 du/ac) is typically applied to land which is developed or to be developed, at a
Planning and Zoning Board Mf 19 of August 21 , 2006 Staff Report
2200Lake Drive - Annexation ~..fllnitial Zoning of R-1-AA and Small-Scale r ..JJM Amendment of LD
Page 10
density of five units per acre or less. Given the adjacent development pattern it seems
appropriate to recommend a Future Land Use designation of LD (Low Density Residential 0-5
du/ac) and zoning of R-1-AA. Homeownership is a characteristic of this designation.
Consequently, compatibility with the abutting low density residential properties to the north,
east, and to the south (single family homes) is not a concern.
The following zoning designations and uses border the property:
North:
South:
Zoning Designation
Boynton Beach Open Space (OS)
Use
Lake Ida
East:
West:
Single Family Residential (R-1-AA)
Single Family Residence
Lake Ida
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Se(:tion 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (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
(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 andlor neighborhood.
Items "b" and "c" are the basis for which the rezoning should be granted. This property was
de-annexed from Boynton Beach (Ordinance No. 06-024) on March 21, 2006 (change in
circumstance). The request is associated with the annexation of the subject property which
requires that a City zoning designation be applied. The R-1-AA is appropriate as it is
consistent with the County LR-1 (Low Residential 1 du/ac) and the proposed City Low Density
Residential 0-5 du/ac (LD) land use designations. Based upon the above, this request does
fulfill two of the reasons identified under LDR Section 2.4.5(0) (5).
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice: On July 25, 2006, the Palm Beach County Planning Division was
notified of the City's intent to annex this property. While a response has not yet been received,
no opposition is anticipated.
Planning and Zoning Board Me 9 of August 21 , 2006 Staff Report
2200Lake Drive - Annexation WlUl Initial Zoning of R-1-AA and Small-Scale h...0M Amendment of LD
Page 11
Lake Worth Drainaae District: On July25, 2006 Lake Worth Drainage District was notified of
the City's intent to annex this property. A response has not yet been received.
IPARC Notice: On July25, 2006, 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. No opposition has been noted.
Courtesv Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
· Je Franciosa, PROD
· Carol n Zimmerman, Presidents Council
JoAnn Peart
Nei hborhood Adviso Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the ;;ubject
property. Additional letters of support or objection, if any, will be presented at the Planning and
Zoning Board meeting.
The City's Low Density Land Use category is consistent with the County's LR-1 (Low
Residential 1 du/ac) designation in that Low Density Residential development is allowed. The
application of an initial zoning designation of R-1-AA is compatible with the surrounding
development pattern and is consistent with the proposed FLUM designation, and is similar to
the zoning categories assigned to properties to the east and south of the subject property.
Based upon the above, the proposed Future Land Use Map Amendment and associated
Rezoning application should be approved.
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
redevelopment of the property a recreational impact fee may apply.
The City will receive additional revenue from property taxes, in addition to storm water
assessment fees, utility taxes, franchise fees, and licensing fees. The total immediate revenue
to the City results in approximately $3,887.14, a year.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the FLUM Amendment
from County LR-1 (Low Residential 1 du/ac) to City LD (Low Density Residential 0-5
du/ac), and the initial zoning designation of R-1-AA (Single Family Residential 0-5 du/ac)
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 the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and
3.2.2 of the Land Development Regulations.
Planning and Zoning Board Me, 9 of August 21, 2006 Staff Report .
2200Lake Drive - Annexation WI~,I Initial Zoning of R-1-AA and Small-Scale h_JM Amendment of LD
Page 12
C. Move a recommendation of denial to the City Commission for the FLUM Amendment from
County LR-1 (Low Residential 1 du/ac) to City LD (Low Density Residential 0-5 du/ac), and
the initial zoning designation of R-1-AA (Single Family Residential 0-5 du/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.
Move a recommendation of approval to the City Commission for the FLUM Amendment from
County LR-1 to City LD (Low Density Residential 0-5 du/ac), and the initial zoning designation
of R-1-AA (Single Family Residential 0-5 du/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 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
0 N'W' 36TH AVE. \ I I \
- s. It. J7 ,
TI1C9lJ.
<!' I?r
~ 0
Cl LO a::
.lC' LQ. 25TH C/. <!:
.Jj >
s. It. Je r~
TI1C9(j r
I?r
K E BONNIEVlEW RD. ro I.
L A .....
~.W. 25TH ST. l-
. ff\t-- (f)
W
a::
A U
-qw. 24TH CT. \ \ . <!:
(' f--W
~ (f)
- f--
I \ ~ A'OC )0
E 0 E N N.W. 24TH ST. <C.
I -
~. ~ \
~ 1 I / os
---{ LAKE EDEN WAY 5
LlD ....
%
UNITY CHURCH ~
AND
~ ELEMENTARY
I I I SCHOf:F
N.W 22ND uSl T
w w ~~M~
::J f--- ~
z z z
~~ ~ ~ ""~
< < < ( ~URCH
f--- 0 a
~~ '" z ~ ( THE
,.., ('oj
K E ~ f--- :r: ~ ALMS
L A z~ z Z ..,
1 c I) -
IDA l
I \ \ I
I I I I I
l[ffi~ 18TH ST.
( ~.
\:! < ~
<
<
-' N.W. 17TH ST. I I I I I N. . lfH ST.
.... ....
- '"
5' N.W. 17TH ST. - '" ~
tHHHEj z u
- I
I~\ I I I I I I
y LAKE DRIVE
- N.W. 16TH ST.
- w trmJJ~ I
z z
-~ < < I
-' -'
'"
a
I - w -' JIlW. 15TH ST.
z <
0:: 0 I I I I I I I I I I II
N
-
2200 LAKE DRIVE
EXISTING FUTURE LAND USE MAP DESIGNATIONS
CITY Of DELRA Y BEACH. Fl
PLANNING &: ZONING DEPARTNENT
II SUBJECT PROPERTY
-- OIGlTAL BASE MAP SYSTEM --
..
~ , "'iWI
PINE RIDGE RD.
-
-
-
-
-
'---'
~
rfi1l=
tijJJ~
f-
f---
I---
N.E.
19TH
51.
ffiEffID
N.E. --I~68IBTH ST.
%
-:5
_ BON I BI
f I LAI\IE
MAP REF: UA948
o
9?:
s.w. J;>
1ii Cn.;
>'Vf?r
~
f{
I
36TH
AVE.
\ I I
\
~
Cf
.lc:
't:
...,
s.w. .)8
r!j Cn.;
>'Vf?r
I
1
I
R~1-AA
I
o
oc
<(
>
r~
ro.
('"
~
L A K [
~ 25TH c/.
r \
-Gw. 25TH ST. ~
~""
w
oc
u
<(
_W
Vl
-
BONNIEVlEW RD.
I ~
~.W. 24TH CT.
"""1
N T
A
[ 0 [ N
-
I~ ... +---\
24TH ST. ) ~\
-
N.W.
\
~ ~ 1 I
~ J
t'~ WAY ~
~
R-1-AA
N.W 22ND
L A K [
IDA
/' - y
II~\ III
Y LAKE
f--
f-- w
z
f--~ <(
--'
'"
0
I c--- w
z
n:
N
-
1
w w
~ -~
~- ~
<( <(
j!: -0
.....- ei
3i I-- 3:
. z
z_
C r---;
'I~
w
:>
z
~
<(
o
Z
N
~
Z
CF CF
5
..... -
z
UNITY CHURCH ~ .~
AND
ELEMENTARY -
SCHOOL
sm T PINE RIDGE RD.
w I-- I---
:>
z
~ - I---
<( CHURCH
I- 8IB=
~ OF THE -
'" PALMS ~
Z
(. f-- I"ii> f--
I-- I--
I N.E. 191H
\ \
I I I
I I
:8B~
..J N.W. 17TH ST. I I I I IN.. ~ 1 ~H
I N.W. 17TH ST. 1--.-:. 15
",i" tHE!E] c-- > I
~~EErrd
N.W. 15TH ST.
I I I I I I I I I IL J
I
I
18TH
ST.
~.
~
<(
I
ST.
f' ;T.
m
N.E. H~66H3TH ST.
z
e-~
I- BONN E A
ILAlIIE \
z
<(
..J
..J
<(
o
2200 LAKE DRIVE
OTY or DELRAY BEACH, Fl
PLANNING &: ZONING DEPARTMENT
II SUBJECT PROPERTY
EXISTING ZONING DESIGNATIONS
-- OICITAL BASE MAP SYSTEM --
MAP REf": LM948
~
TO:
D~lA
PAUL DORLlNG, A
ESTELlO BRETO,
, DIRECTOR OF PLANNING AND ZONI.NG
NIOR PLANNER
CITY MANAGER
THRU:
FROM:
SUBJECT: MEETING OF JANUARY 2, 2007
FUTURE LAND USE MAP AMENDMENT FROM COUNTY LR-3 (LOW
RESIDENTIAL - 3 DUlAC) TO CITY TRN (TRANSITIONAL), AND REZONING
FROM COUNTY CG/SE (COMMERCIAL GENERAL/SPECIAL EXCEPTION)
TO CITY SAD (SPECIAL ACTIVITIES DISTRICT) FOR A 0.99 ACRE
PROPERTY LOCATED ON THE SOUTHWEST CORNER OF MILITARY
TRAIL AND CONKLIN DRIVE
The 0.99 acre property has a County CG/SE (Commercial General/Special Exception) zoning
designation. The property is currently vacant and the applicant is proposing to build a 3-story
self storage building with associated parking and landscaping. The Property was annexed into
the City of Delray Beach via Ordinance 5-06 on July 25, 2006. This Ordinance included a small
scale FLUM amendment and zoning. However, the State of Florida, Department of Community
Affairs has objected to this part of the Ordinance, as it was enacted prior to the adoption of the
EAR (Evaluation and Appraisal Report) on October 23,2006. To address this issue, we are re-
adopting the small scale amendment and rezoning at this time.
The Special Activities District (SAD) is a unique zoning district which requires submittal of a
development plan concurrently with the establishment of the SAD. The LDRs allow two
alternative approval processes. The first requires processing of a complete site and
development plan with at least preliminary engineering plans. The alternative process allows the
proposed SAD to proceed to first reading based on a design submission, and prior to second
reading, requires that the site development plan (including landscaping and architectural plans)
be approved by the SPRAB Board. The applicant chose the second alternative for this
application and on May 24, 2006, a site plan was reviewed and denied by the Site Plan Review
and Appearance Board (SPRAB). On July 25, 2006, the City Commission approved Ordinance
#5-06 annexing the' subject property into the City of Delray Beach, and during this same
meeting the City Commission heard the appeal for Robotic Space Savers and overturned the
SPRAB denial of the Class V site plan, landscape plan, and architectural elevations. Positive
findings for these actions were made by the City Commission at this meeting.
Approve on first reading Ordinance No. 4-07 for FLUMamendment from County LR-3 (Low
ReSidential - 3 du/ac) to City (TRN) Transitional, and rezoning from County CG/SE
(Commercial General/Special Exception) to City SAD (Special Activities District), based upon
the findings of fact and law contained in the staff report, and findings that the request is
consistent with the Comprehensive Plan and meets criteria set forth in LDR Sections
2.4.5;(D)(5) (Reasons for Rezoning), Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings) and
3.2.2 of the Land Development Regulations, and set a second reading date for January 16,
2007.
Attachment:
· Proposed Ordinance No. 4-07
· Planning & Zoning Staff Report of January 23, 2006
l~,1)
ORDINANCE N0.4-07
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 COMPREHENSIVE
PLAN FROM COUNTY LR-3 (LOW RESIDENTIAL - 3 DU/AC); TO
TRN (TRANSITIONAL), ELECTING TO PROCEED UNDER THE
SINGLE HEARING -ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING
LAND PRESENTLY ZONED COUNTY CG/SE (COMMERCIAL
GENERAL/SPECIAL EXCEPTION) TO SPECIAL ACTIVITIES
DISTRICT (SAD) DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED AT THE SOUTHWEST CORNER OF CONKLIN
DRIVE AND 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, Boynton Properties LLC, is the fee simple owner of a 0.99 acre parcel of land
located at the southwest corner of Conklin Drive and Military Trail; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation of County LR-3 (Low Residential-3 dulac); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from County LR-3 (Low Residential-3 dulac) to TRN (Transitional); and
WHEREAS, the property hereinafter described has a zoning classification of County CG/SE
(Commercial General/Special Exception); and
WHEREAS, at its meeting of January 23,2006, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to
o 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 do
not 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 I. 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 TRN (Transitional).
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 Special Activities District (SAD)
Zoning District for the following described property:
Lots 1 through 4, inclusive, Block 2, "Rockland Park" as per the Plat thereof on file in the Office of
the Clerk of the Circuit Court in and for Palm Beach County, Florida as recorded in Plat Book 24,
Page 23.
Less the Following:
A portion of said Lot 1, as described in the right-of-way deed recorded in Official Records Book
3362, Page 9, Palm Beach County Records.
And Less the Following:
A portion of said Lot 1, as described in the right-of-way warranty deed recorded in Official Records
Book 5692, Page 1978, Palm Beach County Records.
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 all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
2
ORD NO. 4-07
Section 7. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 8. That this ordinance shall become effective 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 a.mendment 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. 4-07
PLANNING AND ZONING .BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
---STAFF REPORT---
January 23, 2006
III.C .
Future Land Use Map (FLUM) Amendment from,LR-3 (Low Residential- 3 units/acre
Palm Beach Cpunty) to TRN (Transitional) and rezoning fromGG/SE (Commercial
General/Special, Exception) to SAD (Speqal Activities District) 'for., a." 0.99 acres
parcello~ted on the southwest comer of MiI!t~ry Tr~il ?!1d;Cqn~lin,Qdve.
Proposed City Zoning.........:.......
. Adjacent Zoning................North:
East:
South:
West:
Existing Land Use......................
Proposed Land Use....................
Water Service.............................
Sewer Service.. ....................... ....
TRN (TransiUonal)
CG/SE (Commercial General
Special Exception) .
SAD (Speci~lI Activities District)
Automotive Commercial (AC)
Residential Medium Density (RM)
Multiple Family Residential -, Low
Density (LD)
Palm Beach County Agricultural
Residential (AR)
Vacant
Safe and Secure self storage
facility -
12" water main located along
Military Trail, and also via an
existing 8" main located on the
east side of the subject property.
Sewer service is available via
connection to a 8" sewer main
located along 'Military Trail, and
also via an existing 8" sewer main
located on the east side of the
subject. -,
LAKE
CANAL
L-32
WA TK/NS
MOTOR UNES
,N. JI,' . ,...:!Ill> ST.
eXTRA 'CLOSET
STORAGE
POST
OFFICE
YS
FARMERS
MARKeT
SHOPPeS
OF
OElRA Y
- -- ",,- ~- - ~ - - ,.:;-~--:=:~- D~~-~-~-~;-'";i'\=;:~:~~~ ~:~'?~,~~-~:~~-""::~:-'--~, -;::-:; '~-:_---=-~-~
< , ,< ~ ,~;'f,e;'G'ic\C;",-,::)h<'CO jl:nJl.5,"XQb':.J;~ """c, ",~,", ,{
~ ,,-~~';r';: ~:',. -. . __ _o^; -_':::-::-==--'-"--~"-;:'~""'''::'''''''-~-_'':-:--'___.~~ ,~__~_ -~~~f.--..,><,.-;':p,',.~;~0~..-.,.',_-;~
, ,
The action before the Board is that of making a recommendation to the City Commission' ona
privately sponsored Voluntary Annexation, Small Scale Future Land Use Map (FLUM)"
Amendment from LR-3 (Low Residential - 3 units/acre Palm Beach Cdunty) to TRN
(Transitional) and rezonhlg from CG/SE (Commercial General ISpecial Exception) to SAD
(Special Activities District) for a 0.99 acres parcel located dnthe west side of Military Trail
approximately 2010' south of Lake Ida Road.
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
Comr;nission with respect to Annexatioh,FLUM amendments and Rezonings of any property
within the City.
. -',. - -' , ',- " , ',. " -', ". .:
The subject property is 0.99 acres located on the south side of Conklin Drive and to the south
ofJire Kingd()m Yt(.ith fr()n~~ge on MilitqrJ; Trail. The property is,bound to the ,south by,Sierra
Vista attached sihglefamily, homes, To the west. the property is, bound by th~ RHcklcm~ Park
subdivisioncontairJing singl~(amily hPrtleS10cated alongCon~liri prive;Cind to~heea,sf(acr!Jss
Military'Trail) by the High Point of DelrayEast Condo development. The subjeCt property is
currently vacant and the qpplicant is pfoppsing to build a 3-story self storage,Quildingwith
aSSociatedparking~hdl~ndscaping, ' , ,',', ",' '.,' ,,' " ,,'
':,\'-~,' '-<,., , : ; "
The subject property is"Lots 1, 2, 3, and 4, Block 2; RocldandPark. PrevioU~ 'dev~lopment
activity includes approval of a special exception with the County via Resolution No. 80:.836
Which modified ,the. zoni,n~ , from,(\G(l\gric.ultural ,District) to CS (~RecJ~li~ep .CQmrpWcial,
DistriCt) (or thefour(4:)iots: ' Re~oiution No. 80~837 approved on June 24, 1~?Ol$yttle;B9ard of
County Commissioners allowed the construction of a funeral home on the propert}I'with certain
conditions including right-of-way dedications, landscapingant1 asontripution forfl sign~1. This,
develqpment was n~ver constrUcte~.' " - ,
ihe;slJbJ~cF propertY cbntinUes'to be' under the. jurisdiction of Palm < a~acfi' 'Cqunty hut lsjrl a
designated ,cmnexation'area for, the City of [)elray Bea~; THe" Citylia.,s"all AdviSQ,iy 'larJ,a'~use
designation of MD (Me~itirnnensityRasidentiaf) 'on the. p~6per:tY 'that aliow~ {of re~id~ndal
developmentwith'adensity between five and twelve units~er acre. Th~ ?pplicimtJs'~~~19ng
City Waterarydis contiguous to the City limits to the east and north.. TheGo~m/ssionjJdlrcY'is.
that prop~rties that are contiguous and request City servic~smqst~on~x:intp the, City. tg'r~ceive'
these services. '.. ,..' '. . , . . , .
An application is now before the Board regarding a Voluntary Annexation, FLUM Arl1endment
from County LR-3 to City GC and a Rezoning from CG/SE to, SAD. The Analysis will. first
include analysis of the Future Land LJse. - .
. .'. . r . ~ ~ , -; .
- - ~~ -- - ~ -- - - - - - ~ - - -- - ~---~ ~- ~- ~ ~ ~-=----c~ .~ ~ _ _~ ~
, ~ lY: ~ ,1{~ L, ~." ,\IE. I ,: !~~f~ ~~t :~1 f 4~'(~jI'?~JID\:lf~:}f- r !;Y;'ir'~l\'Z,:~:n-s.X:i~ c- '\;",2.",; .=::'".~:_
-;~:: -~, -'-~~:: ~-"'_~_:U":.1.~~-;;:,~~-=- ~_ _L--:~_ _.....:::5,J ~_ ,...~?-;,'--~' _""~; P"~~~",":.. f.,.:k~,_; 'd:~~~: ...:>.
Current Land UseDesi~mation: The current County land us~ map designation for the_property
is County' LR:.~" (LdwHesidential - 3 d!J/ac). The current City Advisory designation isMO
(Medium Density Residential).
Requested Land Use DesiQnation: The requested Future Land Use Designation is to City
TRN (Transitional).
Planning and Zoning Board ~ "f Rept ~eetin'g of 01123106
Robotic Space Savers - Annt,....don, FLUM, and Rezoning
Page 2
Florida Statutes .163.3187 .... Small Scale Land Use MaD Amendments: this Future Land
Use Map Amendment is being processed as small scale development pursuant to Florida
Statues 163.3187. This statutes states that any local government comprehensive land use
amendments directly related to proposed small scale development activities may be approved
without regard to statutory limits on the frequency of consideration. of amendment (twice a
year), subject to the following conditions:
· The amendment does not exceed 10 acres of land;
· The cumulative effect of the amendments processed under this section shaUnot exceed
120 acres within designated redevelopmentandtrafficooncurrencyexception areas,or 60
acres annually in areas lying outside the designated areas; and,
. .
. · The propoSedamendmeqf'dOesnot involve the same: property, 6f the: same"owner's
. property within 200' feet of property, granted a change within a period of twelve mont~s,
.' .that it the 'propoSed arnendment inVOlvesa'rE~Sidentialland~se,th.e r:~sidential :Iandu~e'
has a density of '10 units ,orl~ss. per acre e~cept fQr. pr9P~r1iestf1atarepesignaJed ,i" the
<?omprehensive Plan for urba-rrin'fill, urban redeveloprTi~nt,'or dQwntowr revital:;zCltibn~ . ,. ..
· "The prop'osed amerrdment" does not invol'-ie:"~' text... change..to...the,.,go~ls,poHcie.s,;and..
objectives of the local government's comprehensive plan, but' only pr'Oposes a'land:iise
change t9 the Future Land, Usel'y1ap for a site-specific small scale.development~ctivity}
tIl)d,' , . . "' . . .
"', ,..' .- . - , - ~ . .. ~. .". '., _:' , '- -' -. -' '. .....; " . ~.
.. th~. pr'()perty thati~ th,e 5ubj,ect At aproposedamen~n;te"nt isn6tlo,~~~d'N.(t!iin. al)area. .of;
'criti~151ate GOllcern." . .' ..
. .'.: c:. .... ',,'. ' ....,. ,""', ,', .'. "i. .,.:'.;.: .' ,'.";
The Future Land Use Map amendment involves a 0.9986(e area, Jhustbe to'tal area,Js <less
than the 10 acre maximum. The property is not located withh,a designatec{'redevelopmerH area
or traffic concurrency exceptiolJarea. Thj~. amendm~n.t aloog with qthe,r small7sc.ale amendmen\
proces'$edthis. y~ar, outside the qe$ignated areas~, will nof, exceed. 60"Clcr,e~,~.f6r t1;1~ ~Qo,$, y~ar
OJ~aCf~~ hayebeen. s\jbjectto the small sdaie amen~,nentprqCes,sClndt~is" 0.99.'~q(e$,V{,!f,
ma.ke~total of O~99 acres. This prop~rty hasnot 'previQu~ly,been consiqerExJ foraIClnd',u$e
an'lendrne,ntpor l1as the same property owrier's piqpert(es been gr~rte~La lanq ~se,91a~ge
Within 200' feet,w;tnin' the ,last. Year: The amendment does hot .involve a text change, to, the
. Comprehensive' Plan and it is noflocated within an area of .criticafstate concern: GivEm' the
above, the proposed FLUM amendment meets the criteria of FS. 163.3187 and can be
considered as a small scale amendment.
However, pursuant to 163"~187 (6)(a), no amendments may be made to the, Comprehens(ve
Plan after the date established by the State (January 1, 2(06) unless it (the' City) has submitted
itse'{~tu,~.tio~ arldAp:prai~al, f{eport.{EJ\ffi~ To. ,d~te ~h~qity,:hfil~ ng!.su~mi~~d. its Ej)..Rrep9rt.
and.does.,not anticipatec"submitting' until June of"20n6'~Given'.this'.fa€t approval of.'this
amendment, by the. State is unlikely. After submission. of the Evaluation and Appraisal Report
. the CitY can,. submit pursuant,to F.S.163.3187(6)(g)amendmentS for up to 6ne year before
required submittal of any EAR based amendments. Consequently, while the reques.ted
annexation can be considered the application of a City Future Land Use designation will be
delayed. Pursuant to Florida Statute the property can be annexed and the County Land Use
and Zoning designation would remain in force until such time as the amendrnents are accepted
by the state. Even if the state will process the amendment it would not go forward with a
possible recommendation. The proposed amendment to Transitional (TRN) appears to be
Planning and Zoning Board Sa .epe Jeeting of 01/23/06
Robotic Space Savers - Annexation, FlUM, and Rezoning
Page 3
/
incompatible with the City of Delray Beach Advisory land use designation MD (Medium Density
Residential) which allows for residential development with a density between five and twelve
units per acre. The TRN (Transitional) land use designation is being proposed concurrently
with a request for annexation and initial zoning of SAD to accommodate a 4-story self-storage
building. This type of facility is also not consistent with the predominant residential pattern of
development in the area. .
Land Use Analysis:
Consistency Between the CitY and County Land Use DesiQnations:
The proposed City Advisory LaRd Use Map Designation for the property is MD (Mediu'm Density
Residential). The existing County Future Land Use Map Designationforthe'propertyis LR-3
(Low Residential - 3 du/ac).. The City's MD Land Use Designation is consistent with the
County's LR-3 designation in thatl-ow and Medium Density Residential development is allowed.
The proposed Land l,Jse Designation ,of TRN (Transitional) while allowing both residential,office
andlimitedcommereial-is notconsistent with; the current City Advisory Land Use designation
MD nor the County's currentdesignatioo cjf LR..3. The Transitional land use designatioR' does
allows thaestablishment of . uses which..are' compatible with adJacent. reSidential' uses" Ie>
residential uses, .however,th"ese can. more appropriately ;beaccommodated. bY'aPP~Y'in~:i 4he
aqvisory. d~~ignation .of MD. The proposed land use designation TRN (Transitional), wOlildailbw'
uses .th.at .are notconsistenJ.with,the,prevaHing,residentialdevelopment pattem ;tothe~south.
ea~t; and west. of the sURJectproperty~, The. proposed- 4-s,tory self storage bl1i1dingptoposed ;
u!ldel'1Jq.e SAP ordinanGe is:not:an appropriate use and isalsq'inconsistent, with. the City
Ad~isory Land UsedesignationMO, --
Further a rezoning to SAD (Special Activities District) is inappropriate given the purpose and
intent statement of the SAD District which is to provide a zoning district fOLproj~9ts whiGh8Ie
not otherwise classified or categorized in other zone districts. The zoning designations which
would accommodate the, proPA~ed self sto(ageuse would beindu.strjal designatiqns such as U
("-ight .lndustr:ial}..andM.IC(-ty1bcedi Ir;ld,ustrial and Commercial)' .and. limited '.<3G.;(General.
CPrplllercial). . Given thi~ site.l()cation~and existing development'patternland use designations
of~hich \VpLJld alloyvcOmmerciql ,pr industrial developmenlwould be ,€Iearly'inappropriate.
ll1e fOIlQWing zoning designatior:)~~nd \.IsesabLitthe subject property:
Zoning Designation" Use.
I
North:
Automotive Commercial (AC)
Multiple Family Residential.... Low Density
LD
Tire Kingdom Auto Repair Fpcility
South:
Sierra Vista Multiple Family Subdivision
East:
Residential. Medium Density (RM)
High Point of DelrayEast(Condo
Development)
Rockland Park Single Family
SubdivisionAlon Conklin Drive
West:
Palm Beach County Agricultural Residential
AR
North: North of the subject property, has a City land use designation of GC (General
Commercial) and is zoned GC (General Commercial). The property is developed and contains
Tire Kingdom Brake and Auto Repair Facility.
Planning and Zoning Board f "f Repe; Jleeting of 01/23/06
Robotic Space Savers - Annt._....tion, FlUM, and Rezoning
Page 4
,
South: To the south, has a City land use designation of MD (Medium Density Residential), and
is zoned LD (Multiple Family Residential Development -'- Low Density). The property is
developed and contains a multiple family subdivision Known as Sierra Vista.
West: The abutting property to the west has a Palm Beach County land use designation of Low
Residential 3 - du/ac (LR-3) with an advisory land use designation of MD (Residential Medium
Density). The property is zoned County Agricultural Residential (AR). The existing land use is
a single family subdivision located along the perimeter of Conklin Drive.
East: East of the property (across Military Trail) has a City land use designation of MD
(Medium Density Residential) 5-12du/ac) and is zoned RM (Re'sidential Medium Density), The
property to the east is known as High Point of DelrayEast Condo development.
It. i~noted, that ,north of the, subject property has a City'Land Use, DeSignation of 'CG
(Commercial General) andiszoned,GC (General Commercial). The property is developed and
contains an auto-repair and tire installation Jacilityknown' as Tire KingdorrtTire't5ingdbm 'was:,
e~t~blished by Resolution No.R-85-394 approved on March 5, 1985 by the BoaF'd6f County
Commissioners oJ Palm Beach'Countyandannexed into the City with Otdihance # 65204-
approved by ,the, City Commission atits, meeting .of November 16,2004. 'Although Tire King-dam'
faQilityis .not consistent With. the existing development pattern in the are;:! it'was given"a: 0ity:
Land,;Use'.designation Qf-GeneralCommercial to avoid creating anon-"conformihg structure thcit
has,Q~en;'1 pperation:since March 5,. '1985, . Givenj the adjacent'developmentpattem:t04he west
a.lldsouth. the advis.Qrydesignation C)f MD is moreappr.opriate. Therefore, a'Future n3nd Use.
Map designation of Transitional (TRN) and rezoning of Specfal Activities Distribt (SAD)canndt
be supported.
"'.-'
...,\...,
..;"
~'
Under ,the,proposeq. SAD (Special' Activities District) ,zoning, designation aU' allowed uses '~r:e.,
, establish:at the time of the "establisl1ment,of the SAD zoning 'designatioh. "WhilEfSAD .z8ning:'i&'
deemed eonsistent with 'any land', use designation" on" the,', Future Land . UseM~p:,'.',the,us~'
allowedwithin.~,specifi.c · SAD shall, beCO'ilsistent :witli, the land use 'categ6ry 'shown on the'
Future Land Use Map. The uses, .activities, and characteristics of a SADare to be consist~f1t
with the Compn~hensive:P1ClIl;~vit~ple, and compatible with'surrounding existing' developtri~rit;"
and with the proposed character of the area. The Transitional land use designation is not
consistent with the propos~:!d,indtfstriallcommercial development '" proposed under,' the" SAD:
Ordinance. The TranSitional land use category is not consistent with ~he.MIC, U,GCzoning
districts which currently .allow self storage uses.
Further, the proposed u~e is not consistent with the adjacenfdevelopment pattern tothesouth,
east, and west of the subject, property. The proposed 4-storyself storage facility at the gate of a
single ,family subdivision creates concerns with respect to ~mpatibility with the existiiig
residential d~velopment, and its potential to negatively impact the charaCter of the area. '
Further, ~ application of the ~AO zoning designation is inappropriate given the intent of the
district which is ,to.provide:a zone district appropriate for projects which are not otherwise
classified or categorized in other zone districts. This use is classified and cat~gorized in the
MIC, U and limited GCzoning district. To accommodate this type of use wouldreq'uire a land'
use category of Commerce; 'Industrial or General Commercial and zoning of Mixed Industrial
and Commercial or General Commercial. Given the predominant residential nature of the
adjacent land uses if these designations were requested they would clearly be found
inappropriate
Planning and Zoning Board Stc ,epo Meeting of 01/23/06
Robotic Space Savers - Annexation, FUJM, and Rezoning
Page 5
REQUIRED FINDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to lOR Section 3.1 ~1 '. prior to approval of hand Use applications" certain
findirigsmust be madeina form which is',part of the officitd'recor~. This may be
achieved. through information on the application, written' matetialssubtnifted'bj the
applicant, the staff report, or minutes. Findings shim be made by the' body which has
the Ciuthority, to appr9ve ordenyth~. deve.lQ,pment applicatiofl. Thes~ finctings,felate to
th(;!:Future LClnd Use Map (F("UM), ConcurrencM, COl11prehe.nsive .pian Consistency" and
C()mpliap'ce.withlhe .land DevelQprnent Regulations." '. ,'. . . .
~: ' ,~ - ,: ':., :,. " -.' -, '-, :' '. " - ,'", .
a . FtitureLand Use Map: The. resulting use of' land . orst~uctute:; must. be.. alloWed lA' the
: ! zoning districtwithin'which~thehllldis situated and said :ioning:mustbed6ni:i~tent
'. Viith the applicable land use designation as shown on the FutureUlndUs,~MClP' '.
'-. ...
PtJrsY~nt; ~ol.and ri~valopmentRegUlations";Section .3.1\:1 {A) (Future LandtJseMap), all
'Iand~sesand resulting structures must be.allowedJn' the.zoning:districtwithin which the
., :.Ian~ i$ sltuated. and s~igz.or\liR9 must:be',oom~j.s;tent with: the land lJsedesignation; as:snown
"on the. Future Lanq.Use M.ap.
.' '. - -~:-'" ,. -",' .... " >~ '," ',,' ""
. ' ,:_ .c!, :,:J. ,,",-,_, '. ~,
While the SAD zoningmay~be consistent with the Propos~d land use designation the
~.'. J~sultipguse~ ~reto pecornpatiblewitf:l slJrrounding,.existiflg develo~rnent and character ,of
.th~ are~~:..Ther~s!Jltrr;lgu~es are, nq~<consistent with fh~.~dj8~nt dev~loprnent . pattern tothe
. ,south, east, CJndwest. ofth.e. s4pject,pr;Qperty, . northe.resi~entJat chal"acterpfthe. 8~ea.
,.: 6as,ed on the above"p()si~ive'fihding.~.qc1!1'lot,be,Jl1a,Qe.wiJhJesPe.cttQFLUM'CQnsi$:ten~~ .
ct'9p"rtcQriency: ," oevefop',rh~r\'("at't~e:'~i~b~si-,mt~n~itr ". PQ~:sib'le ~~d~r':~ti~~,'r.~q9e,sted
. "dei~ign~~ion,;~a~ m~~t,t~~f1d,~pte~cO,nc;~(ren,cY:~*~~(jCl..dSj' . " ."',., '.
The proposal involves amending the FLUMdesignation from LR~3 to \TRN.{trahsitihrial) on
a site, approximately 0.99 of an a.ere. TheproPQSedFLUrv1Ame~drnenttO;lq~m'r11od~te a
, 'st~rage facility .wi~lresUlf in~riincr:ase in':~9~eirnpactso~adop~~~:'~rl~9~r~n~. ~~nd~rds.
~ '.COncurrency findIAgsWithresJ:)ectto' Parks' ahd Recreatjon, Schools; Sofid "W~rstE!,TrSffic;
Water and Sewer are discussed below: ' . " '
~.:' - ~";
Solid Waste: The proposed 4-story bUildiQg with 70,2QO square feetof~,elfstoragefJoor
~rea'generat~s .23.9~ '!o,ns .<?f solid 'w~~te,peryear(7Q.2QPSq.ft.X}2.l~,O()Q,i~s~. :;36Aj;>40
'Ibs or 182;~2 tons). . This 'amount of $qlid w~ste can b~ accommodated ~y.~XistingJacilities
.' :and . thu~, . Will' not. have. a. . significant' impa'ct. on 'this. ,level of .service. st.andqrd. " The . Solid
W... as. t.eAuth.o... rity ha..s'. i.n.....9.i.cated th.at its J.~Cilities.'.. have. sufficient' capqcjty. to han~le: all
development proposals 8n.d e)(isting facilities till the. year 2024. . .
,", ',: - -' i.' ',. _ ;-
Water: Muni<;ipal wat~r service i~~ayailablev,i9,. connection tq Jil 12" water rnainlo<;ated
'along 'Milit~iy Trail,and also via an'existing 8';m~ir:t.,tqcated on the eqst side OfttfEis4~Ject
property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant at build-out.
Sewer: Sewer service is available viaconnecHon to a 8" sewer main located along Military
Trail, and also via an existing 8" Sewer main located on the east side of the subject property
dr~ining to a lift station at the southeast . corner of the Tire Kingdom site. Pursuant to the
Comprehensive Plan, treatment capacity is . available at the South Central" County Waste
Water Treatment Plant for the City at build-out.
Planning and Zoning Board r 'f Rept -Weeting 0101/23/06
Robotic Space Savers - Anne_dtion, FLUM, and Rezoning
Page 6
a 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 Policy A..1.7:.Amenc!ments to the.FLUM.must..bebaset:!
,Upon the findings listed below, ancl mu,~t ,be supported by d;Jta and analysis that
.demonstra,te compliance wit" these.findings;
.. . -." . .
. - - .
. Demonstrated Need -- Thatttlere is arieetlf()rthereqoest~d land'use. The' need mus,t
be based uJl'on Circumstances such asshi~!iin de~ogtaphic trends; ,'changes h~.~he
availability of land, changes in 'the 'existirig characfera'rid' FLOM des'ignations of the
surrounding ar~a, fulfiJ":nent of a, comprehensiv~epl.anobjectiveor, p()liC;y, ~r:tIJ.ex:.atio.11
.into tr,e mUrlicip:~t ~"oulJd~rjes~ J:m...!i'IfllUa,r ,. .c;ircumstC!nc.es., the'.,n~~dJj1ti~r be
. supported by data,., ,and analysi!i verifying. .the,changir;1!J d~mqg.r~p;hics ,or,;other
circumstances. This requirement shall not apply to requests for the FLUM
designations.'.of .Conservationor ,Recreation and Open space;.. nor shall it apply to
,FLUMchanges associated with 'annexations when the City's' Advisory r'FLUM
" ,designation js';'being'applied~; at i wh'ah the 'requested'designation ,'is' of ,asimUar
intensity to the Advisory designation. However. the'.flndihgs'de'Scr'ibelf'inthe
remainder of this policy must be addressed with all FLUM amendments.
'_-';"'"
1"
. ,
No. data and analysis 'has Deenprovided'by thE3';applicanf to support tfif~,.arl1e'r1di11Emt.
: Therefore. a posItive "finaing,ucannot os": maae~'Whire the 8pp'licanfmaY:-iasseft' that the
. .'proposed TranSitional desi!1nation iis of aslmilat'intensitya,s theadvrsoryi'MD'tfirs. is'nbtJhe
case, since the' transiti6nal1des1g'nation . aJlowsoffice 'ana limitedtommerdi3luses'in addition
to residential uses. " ~l;I,rther by. utili?ipg, tb~.Sf\9;9rgina,JJ~~prc;>ye.~~, ttle>,.~pp)I~.O~:1;wiJI-,
. 2' 'inttodUce"industrial or'tomm~rcia:1 .typ(3H~~~q 'to ..~b~ 's.ite. .... ~~~;pr~viql;!$IX ,:~!~t~9:. 'gffice'
commercial and industrial uses ar€r in'colis;stenf with 'the'~redominantJy residential' ch'araCter
ot th~ adU~centBrop;e:rije~t'd'\ '
::. ,:i:/Edture" La:nd'tjse'tJ~;':'~nl66ii/ctiY~ '")f~1~,'P;roperJy'$h,ai; .be. de~eici;~d"~i:'~~d~Y~IQ~ed
'. . 'in, a ri1,~nner :SQ th,at, . the l~~u,r;e-;: Lf,~~'a.~d;'iflien~iti.Js'ClPfJ,(Qp,.ia;teir, ,(et:ll1.s JJft~iI,
topographic and other' applfciJli/e physical consldera(ic:ms;.iscomplimentary: to
adjacent land uses; and fulfills remaining land use needs.
'- ,', . ......"'
'. . '.: .~' . - .' ,. ,.,--; -', .".. '. . '. ; c..; "'.' I.' 'c'..' - _ .
r,,:i~e, :subject prop'e.rtyis v~~r1t,~and .Qoe~n?t'ppveCln~,Wr:tiq.t,I:e~~yirqr1rperfJClI::Gfla(~C~~riS.~cs
that would prohibit development of the sl~e' or r~ulre.rl1I~lgatI9,nmeasures. The, slJbJect
'propertY, if developedas'a'self storage faCility Will not be' corTIplimentaiyJo tl1e,adja,ce,. nt
. ..' '. ,_'- '. -, . ..,.' .,_'. . _, _'. - : '._.' '. ' .... '_. -c.'......,... ," '._,." :.::,:", ,,"
uses. located to the south and west(~ierra Vi~ta andRpckl~nd~a,rk si,riglec..farnily
;;. subdivision along Conklin Drive): The proposedsel(storage facility will.be 'more ap'pfopnate
in a MIC (Mixed Industrial Commercial) or Ll (Light Industnal) ioning Districts.
, . .,:
:(}oR,1patibili~--:r.he requ,ested'de$~gl1tltibp wlObe compatible, .wit",:' the~x:istii;1gand
fu~ure land uses of the su~roundilJs;J,area.. . . .,' ..
As described previously, the TRN (Transitional) land use designation allows theintreXfuclion
of uses that are not compatible with the predominant residential character of adjacent
development.
Compliance -- Development under the requested designation will comply wit'h the
provisions and requirements of the Land Development Regulations.
Planning and Zoning Board St~ ,ept Meeting of 01/23/06
Robotic Space Savers - Annexation, A..UM, and Rezoning
Page 7
The $ADis a ,unique district; ,Which requires submjttal of a development plan concurrently
with the establishment .of the SAD; This is required because unlike conventional zoning
"des,ignationsspmeof the de"elopmentstandards,are,those which are,set forthon'the site'
,and dev~l()pm~nt plan. The LDRs ,allQw two altemativeapproval process; the first requires
proCessing of a complete. 'sitean~ dev~lopment plan With (3t least preliminary engineering
plans. The second alternative processing option allows the proposed SAD to proceed to first
re.ading based on a design submission, and, prior to second reading requires that the ~.ite
'~~velopme(ltplan,inc~uding.land~Caping and ,(3rc1;Jitectural pl(3ns b~approved byPI(3nning
. ,and Zoning Board andaCC9mpany rezoning request to the second reading request to, City
"Commission. The applicant has chosen, th.e secondaltern_ative for. this (3pplication and. the
following is an analysis of the associated sketch plan.
Pursuant to LOR Secliorl'4A:25 (O),the site'plan submittal for' the subject' pr()p~rty shall
comply with the development standards. (3S,set forth il1~ec!iofl 4.qA of the LDRsex~pt..as
modified by the following requirements': " ' . ' " - ' , - ,
1) ~'mini~ujm'setbackof'fifteen f~e~,shall be"establ!stl~d ~r()un~ the:perimet$f.9ithe
,"!' w,?perty~'.Wlth!n the,frc)(lt anq:enysb:e~t~id~ se~9~cJ<"the fi.f~e~nf()oH1~t)z~e~P_99J<~f~c,l
~-,shqn,be."a, lanq~s?Pe ar~aahdl)o pavem~nLshallbe; ~lIo~ecj' :the(eil}. ,e!'G@pt.fPf
' . pedestnarl ways' arid'dr,i'fewc;lY~ (6rs,treetslV;lhist1Will, prqyideaccess.!o th.e,proPefty,anQ
which are generally perpendicular to the abutting street.
.- - '," . ~ - '. .
" . :~)' ;~~tb~ck~fQralr !riterior~'pa~~ shan, be as setJorth ~nthesite~nd develqpm~nt::pJafl' ',..
~~1' .;., .",
,. ';P~an1:eterS~tb~cksfd'~sADs "
. "p~~u.~nt ~9 Seption 4A~?~(O){ 1 )"~ Jl1inJ'Vum se\~a~*of15fe~t.;>hall.Qe est~bJIshE30ar()Ond
"~h~: p~r!!I1et~~-9r anxc Pf8P~rtY: ..q€?,eloped ,1.:H)~er ,)herc8,AQ Jlf~sigl1atiort" Within the front.'snd
,,'ra~y :~idy,~lf~e,tse~baqk" a t~, fQ()l,s~<;l,ckafea,shqlt;b~ia"andscapes.~t0ack:'al'~jand no
, p~veQ:lent.shQ" be. qUowecJ.tt;lerein ex~t Jor pede~tfi(in waMs,an.d drivewayswtrlctr pr9\(ide
" ~:,'-,'::, ':, . - --, ,'i " :' "" ,', _,", ': ,'" '. _, - _ _, ; """"," ~. " " _'", " J ~" " ", _....- _ -: _ ',' , .".. _ .' " " " ,_ ''" .
" ac~~~" to, the prop~rty.a'3cl. '4!J;lichar,~ g~nerf,inype"Rendicularto(, the,ahl;ltti(!g'street..7fhe
proposed building 10~tion~x~eQs.~the,buUdingselpack requirerneflts., 11l~,'oew.bu,'i1ding
provides a 77' front, 20iside', and 25' rear setbacks. .
Parkina
, \~-
.' ~' .
,'-. .
...: ,Th~(3PPJiG<3nt flas prqYid~, sj~een. (1.t?fp~rkjng SPf,ices \#ith;onebeing;ab~~dicaV>';,space~
", Pursuant to LOR Section 4.3.3(A)(2).(c), parking shall-beproyided at 8 {ate, of one (1)space
per 5,000 S.F. of building floor' area devoted to self-storage and accessory
managemenVadministration uses. this fequir~m~ntrnC!ybe modified"cjqring ,. thesitei.ptan
approval process if a sufficient number of storage' units have direct vehicle access, and
int~mal driveways .are~desi~fledto.,al,IOwcl,I~tomersto,.safely ,park in'frQ./lhoftl1eir sto~ge
lJnityvithout i!11pediQginternal cir~lJlation.,,~ase.c:f' on. the proposed site..pl.<:m'rT!odifi~t(on: a
to~1 of72~20Q' S.F 6fstorage~an.d offiCe "spa~..which equa,testo a totell of 14;parking
tequiredat()ne (1) per 5,000 S.F. The appli~nt hasproyided a totalof,16'parkiogspaces
which exceeds the LDlt requirement. ' " ,
Pursuant to 4.3.4(4)(6)(b)(6), Along Military Trail, from the L-38 Canal northW,a,rd.tothe b.3Q
Canal, a special landscape area shall be provided. This landscape area shall be the smaller
distance of either 30' or 10% of the average depth of the property; however, in no case .shall
~he'landscape area'be'lessthan ten fe~t (10'). '
, "."
Planning and Zoning Board' 'f Repe. lIeeting 0101123/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 8
Pursuant to 4.3A(4)(J)(5), for special uses (not including residential, commercial, or
industrial uses) which can only be accommodated through the use of the SAD (Special
Activities) District, the height limitations for suCh a use within any SAD snail bes'pecifically
setforth in the enacting ordinance of that specific SAD, proVided that the'SAD falls within
one'bf the geographical areas de'scribed in Subsection4;3.4(J)(4)(i).
. .
Pursuant. to 4.4.25(E}(1), for the proposed Safe and Secure storage facility the
'. supplemental district regulations as setforth in ArtiCle 4.6, ofthe LORsshal~ apply; Parking
and loacling requirements (number of spaces) shall be as set forth on the site 'and
develbpment'plan. [Arild.Ord. 60..93' '10/1.2193]
FloridaStat'lies Gov.ern inQ V oiuhtarv Mne~ati()ns:
.
Pursuant to the Florida Statutes 171.044 "the owner or owners 0(, real propertie~ in an
'unincorporated area.. of .. the County, :;whicft' iScO~tlguouS . to' a'munidp~Ut}':and re~sonab/y
compact may petition'the>govemingbodyof;said nlunlcipaUty that said, ptopeTty'be'~rir.texed to
the mUnicipalitf:.. 'Pufsuantto:j=. ~':, 17-; .O44'(5) , ,,"I~nd shall not, ~~~~riri~xe9 't~ro~9D'Y9Iuntary
annexation when such annexation reSUlts in the creatibriof enclaves". . ,. " '..J.
-(:. '. .~.
Pursuant to . F. S. 171.031 (13), an "endqve" is (1 ).<lny unincorporated., impr9vedo,rc,1evelqped
area ,that is' enclosed withlM' and' tldurided 'by a 'srngie:' rrIlJnicip~litY. arid a'hatural of 'man made
obstacle that allows the passage of vehicular traffic to that unincorporated prea only thrQl,Jgh
.. 'O. . -',,'(,':,:::,1J';~ "':, ,,:,~",~r',.1,',~'~< ......--.<>~'..T.t.,:i~...;
the mUniCIpality. ',< "', ',L:: .'. . ,>c '" ...
· ..... The .p~operty: is" contiguous 'With tMe .OitY, 'andr'easonablY dOinpaC't!. . The,s€i:< pa'rcel~'rlb(the
.' . remaining' subdivision do : not technica"Y maef tHeaeflnitibnof 'a'n .i,enClav~~ias: '.ttley: ~'re
" . eontiguous: to' tnewesf with Highpbint"Which:is' undEif'CourUy jurisdfctiO'n:H,owgver:w~lie'the
'County-has net- yet:responeed'it 'is ;anticip~itedttfatthey,^,iU. not 'support the):inr'rexl;llio1r. as,
, , theannexatibn"of '.this' property' will require that:County personr)sl'mustdtive"thtoug'li'the
. Qityto provide ser'lices10:theresidants oftheRod<laridsubdivisidn. .. . . , '"
land Development Reaulations GoverninQ Annexations:
Pursuant to the Land Development Regulations2.4.~ (C) -(1) "the owne~of landmflysee,~Jhe
annexaUonof . Contiguous ,property, under his, ownership" pursuant' to' Flprip;,l' Sta~(jfes; 'The
property owner has,yoluntarily petitioned for 'this annexation. ' "" "
.-......'.
. . . '.':. .:' '.' ': . . . . . '..' ..., . "." l:. , . . . .-',: . .. . _'.' '. . .' '.. . '" .' ..' . ~. " . !'__. '. _ _ . .: :" .:'. .
DeSiQnated annexation'c1rea: The territory 'to be ',annexed iSlo(;ated':~thin"th~'desig!1ated
ant1exatiorl area".(~rea :P)'. locatetf on' ;the~esf s~de '()f Military Trail 'r1brth)1t,AUanti(Av~riue.
Annexation of th~subject(e'rritory is cbftsisterlt: with'the Future Land: Use ~Iemeflt POflcy~':3.5,
which calls for annexation of eligfblepropertie'sthrough VOluntary annex~tiOl")s ,as the
opportunities arise. .
CONCURRENCY:
Provisi<>nof Services: Future Land Use Element 8-3.1 states that when. annexation of
property occurs, services are to be provided in arTlanner which is consistent with services
Planning and Zoning Board SI< :ep, Meeting of Q1123/06
Robotic Space Savers - Annexation, FL\JM, and Rezoning
Page 9
provided to other sirnil~r prop~rtiesalreadyjn the City. -Following is a discussion of required
services and the manner inwhich they will be provided.
Police: The subject property:iscurrently served bylhePalm Beach County Sheriffs Office,
located Clt,345 South Congress Avenue,'.whichserves' the Sooth County area. The property
lies within Sheriff Patrol zone 4. Zone 4is bordered by El Clair Road on the west; the Atlantic .
Ocean on the east, and ,Boynton Beach ,on the north and Atlantic Avenue to, the'south. One
officer is assigned to. a particular zone during ,a shift (three shif.ts per day). The City of Delray
Beach's'Potice Department has 14 cars per shift patrolling a 15 square mile ClreadlJring the
day andd15 cars during the night; an~~s..a. COnsequenc:e,responseJirne is.sighificantly
improved upC?n annexation. Annexation' Wilt not require additional manpower since the police
currently pass the propertydurlng routinE;H>atrdllingtothe north and eastofthe property.
~ - ,. - , . ~
Fire. anciEm'eraency Services: TtJemurifCipalarea issetved by Fire Station.N6:4:(Barwick
Road and Lak.e loa Road). With annexatio.n, the property will receive an irnproveCf. response
time frqm the current 5.€) rriinutesoHhe Gounty's Fire Department (FireStatioo#42 'Ioqated on
Hagen, Ranch Road ,close tottle.tu[[\pj~e) to: 2:5 minutes for .the City"s' t=jr~ Department (Fire
Statioo#410eated at Barwick an~1;.ake Ida R6ad). ' ,
Water and Sewer: City services regarding water and sewer have previously been discussed
'undeJi Future 1.and.Use Analysis section,of this report. -
, . .~, '>.
Streets: Tpe subject property lJas direct accessJo Military Trail VVhich is un~~r _theJl,Irisdi~<<O!1
!- ....:-.. '.."_. v:..", ":,""," '~:'_' ',"''''': ",::(_'_._"_", ,.,_':' '~",'~", "" "~',' .' ,"___':' _::.,:_","_'_"" _, __:',~ "-:''- ': .'.",_::~", -:-:,' ,
~fPa.lm , Bea<:h"C,~unw;.Th~j9riS~iGt,i9na,1 respohs!billt5' im'!.i;eQlatelyadj~centtQthe!} p(pperty
'change with annexa~oh' ~$ both sides, .of, the, stre~!, Will', be within " the, _ City .,1ifl11t~. .HqWev~r,
associated road maintenanCe WIll rioT change upon annexation. - , - "'. '
:Finandilflmpacts:'
:' ..
.;,j?
~::; .
': ~-. '
:::.~ ,.;";,;';:'.':-:/: "..,',
'r....
.'-
,~oj} ,
...:) . c "
:~ff~6tuPoh Anrtexed Prooertv:'
~ "
~e ~~I~wing table depicts the .~ucrrer:!tass.~~;ed varlu~ arld; total (CounW) t~X~j fqr.J~,~,$\'PJ~W!
p p, y ;,,' -.,., '.':' ,,', '" ''',.
'424614030020010 '$2:l,6S0:60
424614030020020" '- $21,390,,00'
424614030020030 $21 ,390:do'--
424614030020040 $21,390.00
TOTAL $86,820.00
- $4Q~,OQ'
$468:00
$408.00
$1,656.00
19:0143:323. 72~398
,-- ,- "
19.07433 23.725398
19.07433 23.725398
19.07395 23.725398
_ $53t~~l '
$507.49
$507.49
$507.49
$2,059.84
. . $1p.$:~~>;.
'. . $9~.4e
$99.49
$99.49
$403.84
For the 2005 tax year the subject property (four parcels) had a combined assessed value of
$86,820. With the change from County to City jurisdiction, the following taxes and rates will be
affected:
Planning and Zoning Board f ! Rept . Meeting of 01/23/06
Robotic Space Savers - Annexation, FlUM, and Rezoning
Page 10
r ~.- -;:;0~~'r,j;f5Xf'~' ;;-~~0:~I~r:" :; ",q:t~,;~\,:f, :~ -'-\';rLi~' -T'~,~!f:'f -!:-:-~~r~~;~~~'~:
b..:~,:!\C~r~L:._~~j~ ~v.;YlJ~);...j~.~'-j~':Ls... _~:..i'l.:L";t;i:"lrf:~\::;L":~~j~~~~
Fire/Rescue MSTU 296.06 3.199300 DELETE 0.00 0.00
Pal", Bea~ COunty Lib~ 49.01 O.540eOO OELETE 0.00 0.00
Palm BeaChCo.Lib.Debt 5.2.Q' ...(W40400 c'." DELETE " 0.00 .' 0.00
Florida 'Inland Navegation '3.33 0.038500' ". 3:33 0.469640
HealthCareiDistrict..' ... 93;161.0t}9969 J. ..93]6 1.099969
C~i1dren Service Council '.' 59.79" "0;300201 59.790.300201;
PalmB,~aW1 County 3aL~6 4.500000 420.73 4.500000'
Palm ~ea<;h.Cot;l"'tyDebt 2~.3& 0.26'('698 ' 23.38 0.267698
PublicSchqois p~qt~eFV. " 19.28. 0.~74000 ...,'. 19.28.' 0.274000
Public'Schoolsloc.Board '. 2~OA2 ~.591~~O .... '230,42.2.591900
Public Schools State law 454.07 4.900000 454.07 4.900000
SfWM[) Distriqt .61,83 .0.510000. .....51~63 0.910000
SF'vYolv1D.Eyerglades Canst: 8.69 ..........().811g00 .. 8.69 O;811~OO
City otDe1royBeach '. ..7A6g1Q9 ~~d {Qty} ...$€>48.217.4p6tPO.
City.p.tPelr~y .Bea~ Pebt.015339OQ A<i!d~~H~ly) I : $~f?,,;35 c.O,~33l!Qq ..,.
:~ii::'~;:\;~ji~S:E~:,:,;~$.'J:Jja~TifI[c1~ ~~jfl[~Ji(lj!ti! iI~~t,l!J,J.tiZ~~~lll !miW~I~1 ~.rQ~~Ul.4fa~~ifji~i~J.~l~$l
~!iik.l~~<<~l
,. ,~:, ;,
'. . :;1'. . . ,':. . . "
* Total tax mileage in the county is 19.0739 mills while.. in the city, ttle loti'll mileage i~ 23..72~3milt~..Thei'efore 'tI:le
. difference is 4.2203 mills. .
Ttl~'bOh.ght ~~atly'aCrval(}r~in :t~xe.s' are;$(6$~:With~nne>\alion . th~ yeafJyad v~iQre,~J~~~$
wilt" be $2;Q5'9.8~,(1656+4q~:B4:;:2,Q~9.~k' ata~differeI1Ce,()f .$40~JJ4. ,In adc!iti'on.to
~ro~~rtY taxe!i,the following NOn .A~ yalgrem '~~~lr~s'p()~SibUity .wiU~B_RI~< '. . . ~ : "~~)(.::",
Delray Beach Storm Water Utility - This assessment is based upon.th(;l..p.erceQtpg~,Qf
\ ,'~ r",/.. :,' 1., ':.-:; ~_ .'. .C', _':~': .l -. ,._ _', --+"."_ ,
impervious area of the buildings, parking areas, etc. A 25% discount frorrt:tI1e'assessmeiiris
available since the property is within the Lake Worth Drainage Di~trict. AnCidd,itional.25%ds
'. ,. : ',.-': : '.,.. ,'. .,", '_,' i .,.<' _' ~~A
also available as drainage is retained on site. . .... .. .' .. ...
. .....
'. :"" ',-' ,,'-~,- ., ',: :'-"'_' " ,.~: '.." , ,C'_ .:':,' _, ; _,';. _' _ , ;"'-..,;:. '_'_'..;"';'\/.' . ,,,,\-,~,
So'IId W~ste Authority ..:.. . The MilitarY Trail annexation ar~as are serviced t.indeC,fJ,'p~w
contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's
~.n.j...,...~.~e.,.t.,~...~.c..,...~.~....n....}.I...Y........fu...ro.....u......g.~...W.....@.~.~..J...e...,:.l.M....a...;..n...~.........g......~...........m..,........e...,.n.~......~.?I._...:....~.....,..r..~.~...~...t...}...O.......~.~...I.:.~.......~.....~.....~...~...~......1.1.....t.!...1...'.....7.'......'.~.....~...:..O.~........................'....!.....~.-.....I.i......:..
IfaCPc:itlytlas;aQ. ;~xcl~~Ne.:{raq~rs~\VhICb, 'IS";ltfdeffectfor.at.tea$~ '$Jf<'montQ,> . .", .."tt1'~
initi.atiOrlOfan'~ni1ex~tioo,{,~e'{r~nCfl,~e"'lllay'ooiltinue to. pro"'i~.~~!JChseP,iiqe$t~~t..~ . .rylt~*~d
ar~a for five yearS. or the.remainder of:thefrar;lchi~e. ~erm whichev~r'ls' shorter": As ~he.,<<aste
provider is currently the same this' annexation will ha've no impact
Resulting Impacts to the Property Owner:
Planning and Zoning Board St, epc. :/Ieeting of 01123106
Robotic Space Savers - Annexation, FlUM, and Rezoning
Page 11
r ~~ -- - ~~,~-rf~r-/~\,-:;-~:, 'c~~ ~;- ~ !-;~ ~;;:s'\oY~c::;"il=--;: :~ c~l:~ (-/'~~-r:;Y';;lf'1;J~{..s<ir"'v/~~~
t >~~tIJr..I'-~'<"f" )rl"lj~r ....,\-/ ,~/\..JJI>., "",<:;.. '''''}~~''''Y..>l~-<-::/, ',''''.........A' =;1'> r "".< .
~'=-i<~~_L__~~'~~~_~____.~~ h__ ___.-2.,_ __~~~-:,,:3 :'~i0~~
P~-~~~-~~--;=~\i 'rr7:~-;,<T7:sd'Yi;1:\v;;r--7---~r;f~~
L~:~;~~....~~J..d=~~~~P .:-~~~\~,=-~~~~Lt}~k~~~3~}1h"J'~E.::t~"<A~_~~~~~'':'~
. AD VALOREM TAXES 2006
City Mills. CountY Mills
~ 23.7254 '1~.07495 = 4.2203
NON ADVALOREM TAXES 2005
Stormwater Assess~ent (When proposed project is built)
Solid Waste Collection hen ro osoo' ro'ecUsbuilt'
WATER & SEWER' UTILITY FEES,
ANNUAL FINANCIALclMPACT:
+ $403.84
r~-- , ~- ~- ;c ~ ~~ ~~~J~l~~~~rr;I~jll)EJ!;lrrr{G1i~~ -~- --. v: ~r'rv~"_~~:}r:~_~~~_:,~_~
~~"""""~~-v.-'.-_,""",,~_v~_"""~....o...._==-........, _.........~~'-~~__~ ,_~ ...{-=... ~__~ ~.,~=~
$37tJ.3f)
"';'$299.62
$().OO
+:$1,081.85
Fire ~espoqse '
+ F~st~rresp(mse troman estirnat~:~.5
minutes Coun to 2.5mjnut~ (Ci .
+ Faster respons~ trom an estimated 5.5
mim.lt~C.Qun, to. 2.5 rT!jQut~s Ci .
+ Bette~respoo~,~ b~s~dilponmoreoffi~rs
in Oeld;J4p~trQU: pa~p~~}iliiij c,f~~i.me,
1.5atroll c.qrsj:!\Jring,th~ t),ignl. ,
+ Pfo';aCtiveVs reactive OPP9ttllnitytQwork
wi~h' roperty' oWners. '..
Emergency Medical
Seryic~s EMS
Police
:'" ~ -. (
!'
.:Eiscal ~~P,~~ts t? th~.;CjtV:f\tt~e,?003/:2004 pity ge~'?ting mi/a~~.;of.7.A6Q 1 mill~ and d7m r~te.
of ~O~5339' mills, the;prop~rty will.; generat~ a~?p'rpX!~acteIY$403.a4 Inl1~'N~(J..yalor~m ~ax~s.,p~r
Year;:~'Add,itiOflal" revenues . Will berreali.z~d, thrQqg,hincr~a'~eda~sessrnent: y~lue',' th~,annti~l:
'~CoUecti~nJ'of' the. .storm ..wateras$7ss.m~'rlt, f~~"~s.. w~1I as ,.utiiiiY. Ja~~~r'(;g~5%'~W:cti;(C~'';7.%
.'f(ilepfld.n~) ~md fr~I1~~!S~:fees'6n~lectriF,'tel~p~QlJe,.an~'~ble:." ;", " ,'., '.." ..,
Future.Land. .'use",;MapConsistency, ,Concurrency, Comprehensive: Plan"ConsistenCy' and
Compliance with the development criteria of the LOR were previously discussed under the
"Future Land Use Map Arn,endment Analysisn section of this report. Col1lpliance 'Nithth~ Land
DevelOpment Regulations with respect to Standards for 'Rezoning Actions and Rezoning
Findings are discussed below.
The proposed City zoning designation is SAD (Special Activiti~s District) white the current
County zoning designation is CG/SE (Commercial General/Special. E,xception). The special
exception was approved by Resolution No. 80-836 and Resolution 80-837, approved on June
24, 1980, by the Board of County Commissioners which allowed a Funeral Home. Thisuse is
Planning and Zoning Board ., Rep Meeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 12
more residential in type and would have less impact that most commercial uses; The current
proposal would introduce an industrial type of use which as previously stated is inconsistent
with adjacent land use patterns. .
The surrounding'zoning designations are: County AR (Agricultural Residential) to the west; City
RM (Multiple Family Residential - Medium Density) to the east; City GC (General Commercial)
to the north; and City LD (Multiple Farhify ResidentiaJ- Low Density) to thesouth.
. '. .
, : - . '.' .
Section 3.2.2CStimdards for Rezonin9 Actions}:Standar.d"A~'. "8", "C'~, an.d, "E"are not
applicable w1th respecfto this rezoning req(Jest.,Staridard"O?'requires that the
rezoning sh.'all resu.lfin, allow, in.gla" n, d us.e.s,'..whi,c..h a.r.e,'.d..eem.:e.d, co..,m.. p. a.tible.....With adjacent
and nearby land u.' seboth existirig';andpr'opose(j: otthat~jt.an incompatibility may occur,
that sufficient reg~lalions exist to properly mitigate adverse impacts' from the new use.
[Amd. Ord. 13-99. 3116199]
. .
, ,.' "'" .'
The application of 'an iriitial-zoning;desighatihn :df SAD. {Special ActiVities"pistrict) is not
consistent with the adja~ht development ;pattem . to the south, east, and west' of the subject
property. The proposett' stdra'ge fatilitydteates concerns with, respect to compatiQility with the
surrounding " eXistin9d~vei~'prnent,' ah<;t n~-~<tt~']U~kto n~gativelyjt,np~ptth,~9~aracter of the
area. Therefore, the proposed Rezo,n,!ng t()Sp~cial Activities District (SAD)' does, meet the
requ.irements of LDRSection 3.2;~t-(D):Standardsfor Rezoning'Actionandshouldbe denied.
~,_, , ',.', ',.', '" ,.." _ ~"_',_", "'..: .,'",'.'_ ,". ,:",~,'-,",. .:...:.'_.::,", ''':.'_ ,__ '",.,-_,-".-"..-'-~_--c,o_>_"".':--'
Further, pursu~int to 4A:25(A).. tf1;~pump~~ ~i1d:irtt~~t6t ,Jhe.$Repi~ti~C(iVitie.~.~,Oi~~~t"~'.;~o
~t~~d;rif~do~e:.tihl~?~~~~i~~ri~f~r~~~i~~r,'.&f(~~ili~~~i~ra~:~~ci~:;t:~~~.';~~,~~~~~t
aecomm'ddi3ted in'lhe' other zor(~ Jjj$t(icts. .' Tfji~ uS'ejs: ,qa~sm.13dJincf .~t~on~ed il),;tfte:MJC
_' ,.." :,._', _':,"" """:~" ','.''._''.,".__.-" .__,'.-,....:',_."'.,.'--.,...~ ",_,"';",' --,;.,.__"--,,i.',-..,,__:' :'r'-,.i_":.' f 'e';'';,.1.':...:-,~-,-..:."...""..,
zone district LI zone District and'certalO:areas'ofGC'{General Commerdal)zoned district' To
accornmodateas~Lf;st<;>r~g~ f(;ic.jljW'~'l:lQeJ'itb~sf:}:Z~O~'~~,~~Jlf1~.ons.,<<()~lct:~q~lre a land use
category of Commerce,: Industri<il'af.:GeM~ral~orri'n1~tclat ~tidzdr1ing bf:MIxed rndustrial, Light
Industrial and Cornme~'CiaL Given thepredomjnantresid~~pli.~hf!?Jure;pf;!tle!.;9~je~nt land uses
those designations would clearly be' inappropriate. :~Yi ~tll:i~ng:t:~~ ~AP-qr~ifl~n~ process the
applicant williiitrpdtice these industrial and/orCOlT\mer-Cial type usesJo. ttIe ~ite;: As, previously
..., . . ,. ....... .,. ,: .,....... .' ... " ~
stated office, cOmmercial and industrial uses arelnconsistenlwith-the-preaotnili~tltly residential
character of the adjacent properties.
Section 2.4.5;(Q),,(5J (Rezoning Findings):
Pursuant toSec:tion2.4.5 (D) (5), _Pursuant to Ll:)~ Section2.4.fi(D) (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 J:>eJng soug~t. Tb~se '.
reasons include thefoUowing: -
(a) That ~he zoning had previously be~n changed, orwasoriginally established, in
error;
(b.) That there has been a ch(;lnge in circumstances which make the cu.. rrent zoning
. . -.' , - -'
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is lj10re appr9priate for the property based upon
circumstances particular to the site and/or neighborhood.
Planning and Zoning Board Sta .epo i1eeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 13
The applicant is applying for annexation of tnisproperty into the City and' the annexation
requires that an appropriate zoning designation also be applied. While the SAD zoning may be
CQnsistent with the proposed land use designation TRN (Transitional), the proposed uses within'
the SAD are not of similar, intensity as allowed in the Transitional Land Use, designation which
w(,),u1d not accommodate conventional zoning designations which would accommodate a self
stqrage LIse,
Thesubjec,t" properties are ,not in an ~rea that requires review by the Community
Redevelopment Agency (CRA) 9r Downtown Development Authority (DDA).
Palm Beach, County Notice:
, , ,
011 j~nuary9,2006the Palm Beach County Planning Division was notified of theCity'sinteritto
anriexfhis property. ','
~ake YVorth Drainaae. District:-
"." . . ,'. : . - ....-.:, - -.; ',--;" .-,.
On January 18, 2006 Lake Worth Drain'age Oistnct wa's notifIed of the CitY's intentto annextfiis'
~prQpet,lY" . '
. ." .
IPARC Notice:
Ort,'Januar;y 18,2006, notice'of'fhe'Future L.and UseAmendnienthas~lso beehprovidedle'ttle
toterlocalr", Plan'Amendmeht ,RevieW 'Committee (IPARC) .,which distribl!Jtes,'thEffinfbrMation 'to
adj'acenl:munidpalities. No objections have been received. ' '.',
, ~
CbtirlesV Nejticas:"
. .. - ' , '. ~ ,
Special courtesy notices were provided to the following homeowners and civic associations:
"'",g,_PBQq.(PrOgr~ssive Be.side(:lts.of ,Delray)
";''tt C~rolyn.pmq1~rman..,Preside(}ts Cquncil'
, 0 ,Neighborhood. Advisory Council.
."O,:t~etal(:i ,DeFoe,' "
D Gary Lord.
o Gary Horatsis .
i,(J' Nancy Monac6
Dc Frances 'Chassen
o High p'oint Delrc~Y West 1
q.f:I,igR.PointD(3lray West 2
4J,H,igh Point Delray West 3
',' ;"
;"'-,";;..:t"
PUblic Notice:
Formal public notice has been provided to property 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.
Planning and Zoning Board 1 Rep, Meeting of 01123/06
Robotic Space Savers - Annexation, FLlIM, and Rezoning
, Page 14
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The application of an initial zoning
designation of SAD and the related 'development it is not consistent with the adjacent
development pattern to the south, east, and west of the subject property. The propos'ed~self,
storage facility does create concerns with re.spect to. 9Qmpatibility with the. surrounding existing
development, and with the character of the area; The proposed Future Land Use designation of
Transitional (TRN) and Rezoning to Special Activities District (SAD) of the subject property is
not consistent with PoliCy, A-1. 7 and PolicYA-2.3 of the 'Comprehensive Plan, and does hot
n;leet the requirements of LOR Section 3.2.2(0) Standards for Rezoning. Required findingsWitfi
respect to 3.1.1. (FLUM Consistency and Compatibility cannot be made). Staff recofnrnepdsthe,
SUbject property be annexed with a Future Land Use Map'designation of MD (MedtutrfDenSity
Q-12 du/ac) and zoning designation of RL (Multiple Family Residential- Low Density)., ~ased '
upon the above, the proposed Annexation,t=uture Land Use'Map Amendment andasso6tafed
Rezoning application as presented should be denied. ",
The annexation will provide with better Police, Fire, EMS and CodeEn:f6rcemel'lfseiviC'~S'. :,'The
pr?pertyWiII exp~en~a sligl1t incr~asein,ad valQrer:n taxes.
A. Continue with direction.
B. ,Mpve" a,re~mmendptiGnotapprO:Val toJheCity Commi~siolil for the voluntary ~(lnexa1ion,'
FLUM, Jkmeodme.nt 'frqm .<;ounty~R:-~ tOd.Trar;.~jti9nali(1'RN), and the Joitiah:Z:QOimg
designation of SAD (Special Actiyitie$ Qistrict) . for. the sUQject' propertY;by:,aQQp'tirl,Q,tp.€t
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'cnteria.set-fGcth
in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulafions....d ',' , '- '
C. Move a recommendation of denial to the City Commis.si,qn for the volun~~ryar;lne.,x~tion.
FLUM Amendment from County LR-3 to'Transitiohaf(TRN); and the 'inltiaCzdning
designation of SAD (Special Activities District) for t~esubjectpr()perty, byadopt(ng'the
findings of fact and law cOntained in ,the staff report,and finding thc:Jt therequ~stand
approval thereof is not consistent with the Comprehensive Plan nor meetsth:e~nt~riaset
forth in Sections 2.4.5(0) (5)"3.1.1,,and 3.2.2 of the Land Development Regu'lidions~'
Move a recommendation of denial to the City Commission for the voluntary annexation,' FLUM
Amendment from County LR.3 to City Transitional (TRN), and the initial zoningdesighation of
SAD (Special Activities District) for the subject property, by adopting the findings of fact and law
contained in the staff report, and failure to make positive findings with respect to LOR Section
3..2.2.(0). 3.1.1. (Future Land Use Map), 3.1.1. (Compatibility) 2.4.5.{D)(5) (Reasons for
rezoning) and inconsistensies with the Comprehensive Plan more specifically FLUMElement
Policy A~ 1. 7 and, Objective A-1.
Attachments:
· Location Map
· Conceptual Site Plan and Elevation
Staff Report Prepared by: Estelio Breto, Senior Planner
7 ~f'\.."'C\:.
'N( -0 ;.
(' y.
i V~~"\ h i"'
~;!p i"
. ~
:/0 .1
. I I
NESTING
I:~
Ii
-'-LAKE IDA
: "'\ I L I I I
I'~ II~~I:=~ I I I I
FERNDALE w DRIVE ;.- ~ - \
I I ~I I I I ~ :~ --- / N.W. 6TH
12' ~
~ )-Ct.. IV. 5TH CT. f--
\ 0 ~
ROAD
PETAL
PLACE
WAY
o
>- i- C
0::: ~ ~.
.'N ......
<: ,=U'- ~'IV'::.: ....
~. c' <(
_. ............;. . ~'" r---...~
-' ". .:;::
_, . .:ii
~. .
.._....__111
~
CANAL
L-32
. .
.
WA TKiNS
. MOTOR LINES
II I
F1l1 JRO
"". .GN.W.
I.. '
I'
I
.
~
~.
I-:- I--
PUBliIC
SELf:'
.. ~ STO~AGE [ TE~ACO
I i TIRE KINGDOM
D 1.'lI.II.I'~!J."
I
I
1
..1-
I I
CONKUN
I
I
I I
I
.'
N. W.
3RD ST.
I)
==::- 2i III .
.-ry; ~ II I ....
=:tg
-:== ~ .
iL~JL J .
i H ~ III*'
:r:
...-: ...
::>.
d
Ul
IIllt.
J
~ II
llllllQ~
~
) r-- LAKE:
r---i I
o~\\I'C.
.'
I
I
N
-
SAFE AND SECURE STORAGE
aTY OF OElRAY BEAOi. FL
Pl..ANNING "ZONING llEPARn.tENT
- - OICITAL BASE /.lAP SYSTD.I --
~
<
R 0 A D
I r
I I
I
I k
flT
T 2{ t
I
I IG-
*
6TH
ST.
ST.
3RD
CT.
~
<
\
3i
Z
, '"--
\1
I
Ih\P REF: UA902
I tS'U _J -....."'" ~~l!o. .-o*4\1lWOlOlI
::~~:: --: "l:fd 'Sl)31IID'd\:l
3)11 '9 nONng 'WUH9MNNIffi
H:rv3'Cl .I.Vl!:n3Q' ~RlIQ NI1)H7:;) ONV 11VC!:11 .l.C!:lVlI1IW I
g~=^ 'Q'g =:)'Q'~;:I ~,~7;':lElm~~ I
Ii II i IE' - "I'
u i L
n
---
----
"'V~J. ....~J.I',&.I
-
=---
m
-
,.
,
:1
-
-....."".....----
~
.
~CXJ
c.o
C)
@
.,
r 1 ~ ;! I I"
I , :1
I 1i U i III
:, II I
!~' ii II II
:1 !! II !I
t!1 .I~ il ii
: fill! !; !i
I l ~11!i I d
,. B f;~ !rr!l.
i I dl :IIHI
, a
.~ :
I~~ a .
..
,.:
'1:
..,
I
, ,
, :
t'!
, ,
I
I
Ii
I'l .
, -'
, !r'~;,
t.:. '. \l.1
I'" <l'
':.....~ 9'
"1 -: 't o. f'
': " ::I~
I! . j,!
I: :x .t
I: III
! ~..
I'
':
,
I
5
.....-
~I
g~
a:.
(:
't '.
1
, j
I
!
t.
. f
I
s
z j
<I ~;;
J 4!
n. ~J
~ Ii
d) S~
I !>ill' -~ ~ "'" - 'IlS" 15<>lIll\llW OlDI I . I
_'IlL__ toV3'd .lVC!:l13O ~a Nl~ QNlt 11'1>'" J.>I"'!l1IW
::-~IlL~'" "1 lfd " . DW ~SI\ 'Q'9 a~'V'd9 ::;. )~
,,3)11 '9nGNna 'WtJr1~~NNIffi , , ~ ..I.!l1PV:l ,maN v I
JI~I,flcC\1
~ 2 ~ ",Ib
dL I ~ ~ I 1 ~
I '
,
I
, 'Ii
iJ
t I
,1= =
C =
I
,
i I
i B ~
. ~ I l w::!;
,IJ I! . S2~
)1.,1 t-:t3
, .hU : _(:J LLJt=:
x
;z~
III~RI :I: ""
I j- . I) Q~
l~~ II! ~
111;1 '.
=
=
Il
,'. . .
I
I
,
I
I
I
I
~I
B