Agenda Reg 06-04-02I
City of Delray Beach
Regular Commission Meeting
Tuesday. June 4. 2002
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Deltay Beach, Florida 33444
Phone: (561) 243-7000
Fax: ($61) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments w/th the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
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.
Ce
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sis~ in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 CIDD), 24 hours pr/or to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetines in the Commission Chambers.
2.
3.
4.
5.
ROI.I.
INVOGATION.
PLEDGE OF AI.I.EGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
May 21, 2002 - Regular Meeting
PROCLAMATIONS:
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· None
PRESENTATIONS:
Commending Police and Fire Depaxunents for their contribution to the community -
Lawrence Strainge
"What I Want To Be When I Grow Up" Essay Presentation - Parks and Recreation
Department
CONSENT AGENDA: City Manager Recommends approval.
ho
FINAL SUBDMSION PLAT APPROVAL/GOODISON PARK ESTATES;
Approve the boundary plat for Goodison Park Estates, located on the east side of State
Road A-l-A, approximately 300 feet south of Linton Boulevard.
RESOLUTION NO. 36-02: Approve Resolution No. 36-02 vacating and abandoning
a portion of SE 7~ Avenue right-of-way, lying north of SE 5~ Street and acceptance of
an additional ten (10) feet of right-of-way.
RESOLUTION NO. 46-02: Approve Resolution No. 46-02 assessing costs for action
necessary for the emergency board-up of an unsafe structure located at 24 N.W. 7~
Avenue.
RESOLUTION NO. 47-02: Approve Resolution No. 47-02 assessing costs for action
necessary for the emergency board-up of an unsafe structure located at 115 N.W. 4t~
Avenue.
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RESOLUTION NO. 48-02: Approve Resolution No. 48-02 assessing costs for action
necessary to abate nuisances on twelve (12) properties throughout the City.
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DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY; Approve fund
subsidies for one (1) eligible applicant/family in the amount of $25,000.00 for 206 SW
14th Avenue. This brings the number to 143 homeowners assisted under the
Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program).
06-04-2002
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HOUSING REHABILITATION GZANT\CONTRACT AWARDS: Approve
Housing Rehabilitation grant\contract awards through Community Development
Division in the amounts of $20,842.50 tc Craftsman Plus, Inc. (30 SW 9~h Avenue), and
$17,865.75 to South Florida Constructiop (224 SW lffh Avenue). Funding is available
from 118-1963-554-49.19 (SHIP Housin~ Rehabilitation Grant).
CONTRACT ADDITION/COLO151NA CONSTRUCTION CO., INC.:
Approve a Contract Addition (C.O. #2) to the Community Improvement Sidewalks
Project in the amount of $15,009.00 to Colorma Construction Co., Inc. for the
construction of Pineapple Grove Way, N.E. 1st Street and N.E. 2nd Avenue Intersection
Modifications. Funding is available from 334-6111-519-65.12 (General Construction
Fund/N.E. 2nd Avenue - Pineapple Gr°%). !
SPECIAL EVENT REQUEST/4'~ O~ JULY: Approve a special event request for
the 4~h of July Celebration event to b~ held from 2:00 p.m. until 12:00 midnight,
including a temporary use permit for the! closure of Atlantic Avenue from the east side
of N.E. and S.E. 7~ Avenue to Ocean Boulevard, and from the south side of Thomas
Street to the north side of Miramar on Ocean Boulevard, waiver to allow banners and
flags, waiver to allow assembly on the beach and vendors on A1A, and staff support for
security and traffic control, street barricading, banner hanging, stage set up/use, and
clean up/trash removal.
SPECIAL EVENT REOUEST/SU~{MER NIGHTS: Approve a special event
request for the Summer Nights on the ~venue program to be held on July 12, 2002,
including temporary use permit, staff support for security and traffic control, street
barricading, banner hanging, stage set up/use, and clean up/trash removal with
payment to the City for overtime costs eXceeding $5,000.00.
A(~CEPTANCE OF EASTMENT[ DEEI)/DELRAY RACOUET CLUB:
Approve and accept an easement deed granting to the City the means to construct and
maintain an irrigation pump station on a portion of the Delray Racquet Club property.
/
GRANTING OF EASTMENT DEI~D/DELRAY RACOUET CLUB: Approve
an easement deed granting to the Del
irrigation pump station on a portion of C
AMENDMENT TO AGREEM]
Amendment No. 1 to the funding agre
Pineapple Grove Mainstreet, Inc. that
from the County.
RESOLUTION NO. 49-02/ RESOI
No. 49-02 authorizing the acquisition of
No. 50-02 authorizing the making of ot
regards to Atlantic High School.
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ray Racquet Club the means to maintain an
ity owned property.
*~NT/PINEAPPLE GROVE: Approve
~ment between the City of Delray Beach and
~rovides for an extension of receipt of funds
UTION NO. 50-02: Approve Resolution
?roperties by eminent domain and Resolution
fers in certain eminent domain proceedings in
06-04-2002
O. AWARD OF BIDS AND CONTRACTS:
Contract award to Murray Logan Construction, Inc. in the amount of
$16,500.00 for rehabilitation of rails and breakaway fittings at Lift Stations 6lB
and 86D. Funding is available from 441-5144-536-46.20 (Equipment Repair).
Contract award to Astaldi Construction Corporation in the amount of
$565,378.00 for the Southwest Area Improvements Phase III (N.W. 13~ &
N.W. 14~ Avenue) Project. Funding is available from 442-5178-536-65.59 for
$560,778.00 (Water/Sewer R&R, S.W. Area 3) and 448-5470-538-65.59 for
$4,600.00 (Storm Water Utility, S.W. Area 3).
Subcontract award to Hatcher Construction and Development, Inc. in the
amount of $27,915.00 for the installation of concrete sidewalks and driveways
on the Southridge Road Water Main Improvements. Funding is available from
442-5178-536-65.62 (S.W. 4th Avenue to South Swinton Avenue).
REGULAR AGENDA:
WAIVER REOUEST: Consider a request to waive minimum lot dimension
requirements for several lots within the proposed Old Palm Grove Development,
located at the northeast and southeast comers of North Federal Highway and Royal
Palm Boulevard. Quasi-Judicial Hearing
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SPECIAL EVENT REQUEST/DADA'S RESTAURANT; Consider a special
event request to hold an All Star Independence Jubilee on the grounds at Old School
Square on July 7, 2002 from 1:00 p.m. to 8:00 p.m., including a temporary use permit
for use of facilities, staff support for security and traffic, and EMS assistance, contingent
on the sponsor providing liability insurance. Staff recommends denial.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Consider acceptance of the actions and decisions made by the Land Development
Boards for the period May 20, 2002 through May 31, 2002.
MOTION TO STAY/ORDINANCE NO. 13-02(A): Consider a Motion to Stay
request from the applicant regarding the second reading of Ordinance No. 13-02(A).
PROPOSAL FOR SETTLEMENT/THOMAS v. CITY: Consider acceptance of
proposal for settlement subject to the receipt of appropriate releases in the Thomas v.
City of Delray Beach case. Staff recommends acceptance.
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PROPOSAL FOR SETTLEMENT/WALKER v. CITY: Consider acceptance of
proposal for settlement subject to the receipt of appropriate releases in the Walker v.
City of Delray Beach case. Staff recommends acceptance.
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06-04-2002
10. PUBLIC HEARINGS:
11.
12.
ORDINANCE NO. 13-02(A): An ordinance amending the historic designation
adopted via Ordinance No. 70-89 and Ordinance No. 70-90 for the "Fontaine Fox
House" historic site located on the east and west sides of Ocean Boulevard, south of
George Bush Boulevard (610 and 615 North Ocean Boulevard). (Quasi-Judicial
Headmg)
ORDINANCE NO, 15-02: An ordinance amending Chapter 51 of the Code of
Ordinances, "Garbage and Trash" to provide conformity with the franchise agreement
between BFI and the City of Delray Beach and state laws.
ORDINANCE NO. 17-02: An ordinance amending Chapter 35, "Employee Policies
and Benefits", of the Code of Ordinances to provide for dividing retirement plan costs
between the City and participants in the International Conference of Firemen and
Oilers Bargaining Unit as provided in their Collective Bargaining Agreement with the
City.
ORDINANCE NO. 18-02 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending the Land Development Regulations Section 4.4.12 Planned
Commercial (PC) District to add Private Schools as a Conditional Use and Section
4.3.3 "Special Requirements for Specific Uses" to provide certain regulations for private
schools. If passed, a second public hearing will be scheduled for June 18, 2002.
ORDINANCE NO. 19-02 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending the Land Development Regulations to allow Public Schools in all
residential zoning districts as a Principal (permitted) use. If passed, a second public
heating will be scheduled for June 18, 2002.
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.
FIRST READINGS:
ORDINANCE NO. 20-02: An ordinance amending Future Land Use Map from MD
(Medium Density Resident/al 5-12 du/ac) to CC (Commercial Core) and rezoning from
RM (Multiple Family Residential - Medium Density) to CBD (Central Business District)
for a parcel of land located on the east side of Venetian Drive, approximately 278 feet
south of East Atlantic Avenue. If passed, a quasi-judicial public hearing will be
scheduled for June 18, 2002.
06-04-2002
ORDINANCE NO, 21-02: An ordinance rezoning from RM (Multiple Family
Residential - Medium Density) to CBD (Central Business District) for a parcel of land
located on the west side of Gleason Street, approximately 193 feet south of East
Atlantic Avenue. If passed, a quasi-judicial public hearing will be scheduled for June 18,
2002.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
06-04-2002
MAY 21~ 2002
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at
6:00 p.m. Tuesday, May 21, 2002.
At this point, Mayor Schmidt welcomed Cub Scouts from Troop #308 who are
observing the City Commission Meeting this evening. In addition, Mayor Schmidt welcomed
Loretta McGhee who will start employment with the City on Monday, June 3, 2002
as Deputy City Clerk.
1_. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Jeff Perlman
Mayor David W. Schmidt
Absent -
Commissioner Alberta McCarthy
Also present were -
City Manager David T. Harden
Assistant City Manager Robert A. Barcinski
City Attorney Susan A. Ruby
City Clerk Barbara Garito
South.
The opening prayer was delivered by Reverend Richard Evans with Abbey Delray
0
The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL.
Mayor Schmidt stated that Item 8.D., Change Order No. 1/Final
Payment/Florida Blacktop~ Inc., and Item 8.E., Change Order No. 3/Final Payment/Florida
Blacktop~ Inc. be pulled from the Consent Agenda.
For the
Ordinance No. 13-02
advertising.
benefit of the public, Mayor Schmidt announced that Item 10.A.
{Fontaine Fox House) will be postponed due to a problem with the
Mayor Schmidt stated there are two additional contracts for Item 9.E., Purchase
of Breezy. Ridge Properties of the Regular Agenda.
Mrs. Archer moved to approve the Agenda as amended, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
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APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of May 7,
2002, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with
a 4 to 0 vote.
Mr. Perlman moved to approve the Minutes of the Special Meeting of May 14,
2002, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a
4 to 0 vote.
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PROCLAMATIONS:
None.
PRESENTATIONS:
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Glory, Awards Presentation - Edith Thompson
Ms. Thompson did not attend the meeting this evening.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. RATIFICATION OF OLD SCHOOL SQUARE BOARD OF DIRECTORS:
Ratify thc list of appointees to thc Old School Square Board of Directors as of May 1, 2002.
8.B. AMENDMENT TO NPDES INTERLOCAL AGREEMENT: Approve
amendment to the National Pollutant Discharge Elimination System (NPDES) agreement for the
extension of the term from September 30, 2002 until September 30, 2004.
8.C. AUTHORIZATION TO INCREASE CONTRACT: Authorize and approve
an increase to the current 4th Beach Renourishment contract in the amount of $22,536.40 for
beach tilling purposes.
8.D. CHANGE ORDER NO. 1/FINAL PAYMENT/FLORIDA BLACKTOP~
INC.: Approve Change Order No. 1 in the amount of $25,106.17 and final payment in the
amount of $73,313.37 to Florida Blacktop, Inc. for completion of NE/NW Area Infrastructure
Improvements Project. Funding is available from 370-3162-541-65.44 (2000 Roadway Bond
NE/NW Area).
This item has been pulled from the Consent Agenda.
5/21/02
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8.E. CHANGE ORDER NO. 3/FINAL PAYMENT/FLOR/DA BLACKTOP~
INC.: Approve Change Order No. 3 in the amount of a $46,281.36 decrease, and final payment
in the amount of $25,729.52 to Florida Blacktop, Inc. for completion of SE/SW Area
Infrastructure Improvements Project. Funding is available from 370-3162-541-65.45 (2000
Roadway Bond SE/SW Area).
This item has been pulled from the Consent Agenda.
8.F. CHANGE ORDER NO. I/FINAL PAYMENT/REPUBLIC
CONSTRUCTION AND DEVELOPMENT CORPORATION~ INC.: Approve Change
Order No. 1 in the amount of a $3,754.51 reduction, and final payment in the amount of
$7,530.59 to Republic Construction and Development Corporation, Inc. for completion of the
Men'itt Park Restroom Facility project. Funding is available from 118-1965-554-63.40
(Recreation Improvements).
8.G. CONTRACT ADDITION/COLONNA CONSTRUCTION CO.~ INC.:
Approve a Contract Addition (C.O. #1) to the Community Improvement Sidewalks Project in the
amount of $98,925.00 to Colonna Construction Co., Inc. for the construction of sidewalks,
concrete driveway aprons, and sodded swales to add sidewalks in Delray Shores and
handicapped ramps on A-1-A. Funding is available from 334-3162-541-63.11 for $6,450.00
(General Construction Fund/Bike paths and Sidewalks) and from 334-6111-519-63.89 for
$92,475.00 (General Construction Fund/Neighborhood Enhancements).
8.H. SPECIAL EVENT REQUEST/13th ANNUAL HARVEST FEST: Approve a
special event request to hold the 13th Annual Harvest Fest on November 16th and 17th, 2002 from
10 a.m. to 5 p.m. To grant a temporary use permit, use of Veterans Park, waiver of the 2-hour
parking limits at various parking lots, staff support for security, traffic control and event signage.
8.I. RESOLUTION NO. 42-02: Consider approval of Resolution No. 42-02
authorizing the City to purchase property for first time home buyers located along the east side of
S.W. 5th Avenue just north of S.W. 2n°Street and Contract for Sale and Purchase between the
City and the Estate of Isadora Brady in the amount of $4,700.00.
The caption of Resolution No. 42-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY
IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS
TOWN OF DELRAY EAST 1/2 OF LOT 7, BLOCK 30
LOCATED ALONG THE EAST SIDE OF S.W. 5TM AVENUE
JUST NORTH OF S.W. 2~qD STREET AS MORE
PARTICULARLY DESCRIBED HEREIN; HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT
STATING THE TERMS AND CONDITIONS FOR THE SALE
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5/21/02
AND PURCHASE BETWEEN THE ESTATE OF ISADORA
BRADY AND THE CITY OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 42-02 is on file in the City Clerk's office.)
8.J. RESOLUTION NO. 43-02: Consider approval of Resolution No. 43-02
authorizing the City to purchase property for first time home buyers located along the south side
of S.W. 2nd Terrace and between S.W. 7th and S.W. 8th Avenue and Contract for Sale and
Purchase between the City and James M. Clark in the amount of $9,500.00.
The caption of Resolution No. 43-02 is as follows:
A RESOLUTION OF THE CITY COMMISISON OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY
IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS
LOT 23, CARVER SQUARE LOCATED ALONG THE SOUTH
SIDE OF S.W. 2ND TERRACE BETWEEN S.W. 7mAND S.W.
8TM AVENUE AS MORE PARTICULARLY DESCRIBED
HEREIN; HEREBY INCORPORATING AND ACCEPTING
THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN
JAMES M. CLARK AND THE CITY OF DELRAY BEACH,
FLORIDA.
(The official copy of Resolution No. 43-02 is on file in the City Clerk's office.)
8K. RESOLUTION NO. 45-02: Approve Resolution No. 45-02 assessing costs for
action necessary to remove junked and/or abandoned vehicles from five (5) properties within the
City.
The caption of Resolution No. 45-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER
90 OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATING
NUISANCES BY REMOVING JUNKED AND/OR
ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
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ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE OF LIEN.
(The official copy of Resolution No. 45-02 is on file in the City Clerk's office.)
THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.K.
8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period May 6,
2002 through May 19, 2002.
8.N. ACCEPTANCE OF EASEMENT DEEDfBROOKFIELD COMPANY:
Approve and accept an easement deed granting to the City the means to maintain a sidewalk and
utilities along Fisher Lane that will be constructed by the developer.
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AWARD OF BIDS AND CONTRACTS:
°
Bid award to multiple vendors for the purchase of road construction
materials for the City, via the Palm Beach County Co-op Bid//2002-09 at
an estimated annual cost of $93,206.12. Funding is available from streets
division and construction division operating budget and capital project
accounts.
Bid award to Red Wing Shoe Store for the purchase of safety shoes via the
Palm Beach County Bid #01-078/CC for an annual cost of $21,961.00.
Funding is available from various departments' operating expense
budgets.
Purchase award to Kilpatrick Turf Equipment for the purchase of one (1)
Jacobsen F1 2500 Fairway Mower via the Palm Beach County Bid #01-
087/VMG in the total amount of $30,128.00. Funding is available from
445-4761-572-64.90 (Other Machinery/Equipment).
Mr. Perlman moved to approve the Consent Agenda as amended, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
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REGULAR AGENDA:
9.A. EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL/
COMMUNITY PRIMITIVE BAPTIST CHURCH: Consider approval of an extension of a
conditional use to expand the existing Community Primitive Baptist Church, which is located
north of West Atlantic Avenue, between N.W. l0th Avenue and N.W. 11th Avenue. (Quasi-
Judicial Hearing)
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The City Attorney stated this item will be conducted as a quasi-judicial hearing
which allows for presentations by all involved parties, the admission of documents into the
record and public testimony.
The City Attomey asked the Commission to disclose any ex parte contacts for the
record. No ex parte contacts were noted.
Barbara Garito, City Clerk, swore in those individuals who wished to give
testimony on this item.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
project file #2001-023 into the record.
Mr. Dorling stated this is a request for an extension of Conditional Use approval
which involves a 2,123 square foot addition to the church, reconfiguration of the existing parking
area on the south side of the church, and construction of a 28-space parking lot on the east side of
the site.
At its meeting of January 10, 2001 the City Commission approved a conditional
use request to allow the expansion of the Community Primitive Baptist Church and the applicant
has subsequently filed a site plan modification associated with the conditional use which was
recently approved on March 13, 2002.
Mr. Dorling stated given the fact that the associated site plan has just been
approved the applicant is requesting an extension for 18 months so they can start building the
project. Staff recommends approval of the Conditional Use extension request for Community
Primitive Baptist Church as described herein, based upon positive findings with respect to
Chapter 3 (Performance Standards), Land Development Regulations Sections 2.4.5(E) and upon
a finding of consistency with the Comprehensive Plan for an additional 18 months (expiring
November 21, 2003) subject to the conditions as listed in the Planning and Zoning Report.
There being no one else who wished to give testimony regarding this item, the
public heating was closed.
Mrs. Archer moved to approve the extension request for Conditional Use for
Community Primitive Baptist Church based upon positive findings with respect to Chapter 3
(Performance Standards), Land Development Regulations Sections 2.4.5(E)(5) and upon a finding
of consistency with the Comprehensive Plan for an additional 18 months (expiring November 21,
2003) subject to the three conditions as listed in the Planning and Zoning Staff Report, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.B. SPECIAL EVENT/JAZZ AND BREW FESTIVAL: Consider a request for
special event approval for the Jazz and Brew Festival to be held on March 22, 2003, including
temporary use permit, staff support, use of City equipment, and consideration of waiving
overtime costs.
5/21/02
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Robert A. Barcinski, Assistant City Manager, stated this is a request from the
Imagination Foundation, Inc. to consider endorsing a Jazz and Brew Festival to be held on March
22, 2003 from 12:00 p.m. to 11:00 p.m. and on March 23, 2003 from 12:00 p.m. to 6:00 p.m. on
the grounds of Old School Square and a portion of the CRA lot as indicated on the site map. The
request also includes to grant a temporary use permit for the closure of a portion of N.E. 1st
Avenue between the grass area of Old School Square and the loading dock area, to provide staff
support for security, traffic control and EMS service and to consider waiving overtime costs.
Mr. Barcinski stated the Imagination Foundation, Inc. is a non-profit corporation
formed to generate scholarship funds for Palm Beach County High School students in pursuit of
careers in art, music, and drama. Mr. Barcinski stated he concurs with the City Manager's
recommendation that if the Commission does authorize the event that the City not require EMS
service or off-site police.
The City Manager stated he did discuss the off-site police issue further with Police
Chief Schroeder who expressed concern that with alcohol being served at the event, the City
should have two or three police officers in the area.
Brief discussion by the Commission followed.
Mr. Levinson stated he is less interested in doing that if it were to include all of
Palm Beach County High School students as opposed to Delray students.
Lois Niesen, Director of Meet Me Downtown in Boca Raton, stated they have
generated approximately a million dollars for public schools and she would like to start this
foundation to specifically gear this program towards art, music, and drama students.
Mr. Levinson stated he feels if the City were to support, that the objective be that
the scholarship funds be limited to Delray residents.
Mr. Perlman stated he concurs with comments expressed by Mr. Levinson and
supports the request if this were limited to Delray residents only.
Mr. Levinson moved to approve supporting the special event request with no EMS
overtime, scale back police which would be covered by the event sponsor and the scholarship
funds be limited to Delray Beach residents, seconded by Mr. Perlman. Upon roll call the
Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
9oCo
REQUEST TO EXTEND PALM BEACH COUNTY RESIDENT RATE
CATEGORY/MUNICIPAL GOLF COURSE: Consider a request to extend the rate category
at the Municipal Golf Course for Palm Beach County Residents.
Robert A. Barcinski, Assistant City Manager, stated on October 16, 2001 the City
Commission approved a recommendation by the golf course staff to establish a County resident
rate at the Municipal Golf Course contingent upon review within six (6) months.
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5/21/02
Mrs. Archer moved to approve the request to extend the rate category at the
Municipal Golf Course for Palm Beach County Residents, seconded by Mr. Perlman. Upon roll
call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt -
Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote.
9.D. PARICIPATION IN NEW COURTHOUSE PARKING STRUCTURE:
Consider a request to pay additional costs in the amount of $334,000 to allow for future additional
parking at the Courthouse/Library parking garage.
The City Manager stated he has presented the Commission with the comparison
of cost for building a parking structure that would allow for future expansion versus not
accommodating future expansion. The additional cost is $334,000. The City Manager stated he
spoke to Diane Dominguez, CRA Director, who reacted favorably to the idea of the CRA paying
this off over a period of years in the future. The City Manager recommended that the City pay the
additional cost necessary to keep open the option of adding additional parking to the
Courthouse/Library parking garage at a later date.
Mr. Levinson stated he likes the idea because he feels it provides a staging area
and potentially gives some construction space for the library. Robert Currie, architect with
Robert G. Currie Partnership, stated this would help but feels the critical thing is to decide
whether or not the Commission supports. Mr. Currie suggested they could go ahead with a single
level structure. However, the County does not want the City to build after the fact if it is indeed
completed this way.
Mr. Perlman stated it is important to plan for success and feels this is a good
move for the City. Furthermore, Mr. Perlman stated he spoke to a few of the CRA
Commissioners and they had an anticipation that they would be participating.
Mr. Currie commented that the architectural engineering fee the firm is charging
at 4% totals $13,360. Therefore, Mr. Currie stated the cost to the City would be $347,360 and not
$334,000.
Mrs. Archer stated she concurs that this is something the City needs to do because
of the redevelopment along West Atlantic Avenue and there will be a great need for additional
parking.
Mayor Schmidt concurred with comments expressed regarding the need for
additional parking.
Mrs. Archer moved to approve the request for the City to pay additional costs in
the amount of $334,000 to allow for future additional parking at the Courthouse/Library parking
garage and the architectural/engineering fee of $13,360, seconded by Mr. Levinson. Upon roll
call the Commission voted as follows: Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman
- Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
9.E. PURCHASE OF BREEZY RIDGE PROPERTIES: Consider approval of
contract for the purchase of one (1) Breezy Ridge property.
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5~1~2
The City Attorney stated this has been modified to include two additional
properties and therefore making this a total of three properties.
Mr. Perlman moved to approve the contracts for purchase of three Breezy Ridge
Properties, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed
with a 4 to 0 vote.
9.F. PROPOSAL FOR SETTLEMENT/PRATT v. CITY: Consider acceptance of
proposal for settlement subject to the receipt of appropriate releases in the Pratt v. City of Delray
Beach case. Staff recommends acceptance.
Mr. Perlman moved to approve the proposal for settlement subject to the receipt
of appropriate releases in the Pratt v. City of Delray Beach, seconded by Mrs. Archer. Upon roll
call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0.
9.G. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member to the Code Enforcement Board to fill an unexpired term ending January 14,
2003. Based upon the rotation system, the appointment will be made by Mayor Schmidt (Seat
#5).
Mayor Schmidt moved to appoint Andrew Youngross as a regular member to the
Code Enforcement Board to fill an unexpired term ending January 14, 2003, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
Prior to the vote, Mr. Levinson commented that Russell Jennings has moved out
of the City which now creates two vacancies for alternate members.
9oH.
APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint
one (1) member to the Historic Preservation Board for an unexpired term ending August 31, 2003.
Based upon the rotation system, the appointment will be made by Commissioner Archer (Seat
#2).
Mrs. Archer moved to appoint William Branning as a member to the Historic
Preservation Board for an unexpired term ending August 31, 2003, seconded by Mr. Perlman.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote.
9oio
APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS
COMMISSION: Appoint one (1) regular member and one (1) altemate member to the Public
Employees Relations Commission (PERC) for a term ending June 30, 2006. Based upon the
rotation system, the regular appointment will be made by Commissioner McCarthy (Seat #4)) and
the alternate appointment will be made by Mayor Schmidt (Seat #5).
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5~1~2
Mayor Schmidt stated due to the absence of Commissioner McCarthy, she
requested that the Commission make the appointment of Dinah Stephenson.
Mr. Levinson moved to appoint Dinah Stephenson as a regular member to the
Public Employees Relations Commission (PERC) for a term ending June 30, 2006, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
Mayor Schmidt moved to appoint Edward Desmond as an alternate member to the
Public Employees Relations Commission (PERC) for a term ending June 30, 2006, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Peflman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
0.J.
APPOINTMENTS TO THE POLICE AND FIREFIGHTERS
RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) member to the Police
and Firefighters Retirement System Board of Trustees to fill a two (2) year term ending June 30,
2004. Based on the rotation system, the appointment will be made by Commissioner McCarthy
(Seat #4).
Mayor Schmidt stated due to the absence of Commissioner McCarthy, she
requested that the Commission make the appointment of Harry Hamilton.
Mrs. Archer moved to appoint Harry Hamilton as a member to the Police and
Firefighters Retirement System Board of Trustees to fill a two-year term ending June 30, 2004,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to
0 vote.
9.K. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a
request for special event approval and endorse the Art & Jazz on thc Avenue scheduled for June
27, 2002 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H)
for the closure of Atlantic Avenue from Swinton to NE 7th Avenue, thc south side of Atlantic
Avenue from NE 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic
Avenue to NE 1st Street, NE 2nd Avenue from Atlantic Avenue to NE 2nd Street, and to
authorize staff support for security and traffic control, banner hanging and removal, barricade set-
up and removal, trash removal and clean up, and use/set-up of City stages.
The City Manager stated the Joint Venture had requested that the City be
responsible for all the overtime costs and staff recommends that overtime be capped at $6,500.
Mrs. Archer moved to approve the special event approval for the Art & Jazz on
the Avenue scheduled for June 27, 2002 from 6:00 p.m. to 10:00 p.m., and for the City to cap
overtime costs at $6,500, seconded by Mr. Perlman. Upon roll call the Commission voted as
follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes.
Said motion passed with a 4 to 0 vote. Said motion passed with a 4 to 0 vote.
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5~1~2
Readings.
At this point, the time being 6:25 p.m. the Commission moved to Item 12, First
FIRST READINGS:
12.A. ORDINANCE NO. 15-02: An ordinance amending Chapter 51 of the Code of
Ordinances, "Garbage and Trash" to provide conformity with the franchise agreement between
BFI and the City of Delray Beach and state laws.
The caption of Ordinance No. 15-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51,
"GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.01,
"DEFINITIONS", TO CLARIFY CERTAIN DEFINITIONS; BY
AMENDING SECTION 51.15, "GARBAGE AND TRASH
COLLECTION RESERVED EXCLUSIVELY IN CITY OR ITS
CONTRACTORS", TO PROVIDE ROLL-OFF COLLECTION IS ALSO
EXCLUSIVE TO THE CITY'S CONTRACTOR; BY AMENDING
SECTION 51.18, "TYPES OF SERVICES PROVIDED FOR PICKING
UP GARBAGE AND TRASH", SUBSECTION (B), "REAR-
DOOR/SIDE-DOOR SERVICE", TO SPECIFY THE DAY FOR
VEGETATION COLLECTION; BY DELETING SECTION 51.21,
"COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE
BUSINESS; RESPONSIBILITY FOR TRASH COLLECTION"; BY
AMENDING SECTION 51.22, "VEGETATIVE WASTE", TO SPECIFY
A COLLECTION DAY AND PROVIDE THAT VEGETATIVE WASTE
MAY NOT BE CO-MINGLED; BY AMENDING SECTION 51.45,
"CONSTRUCTION AND DEMOLITION SITES", TO PROVIDE FOR
THE ADDITION OF ROLL-OFF CONTAINERS INTO THE CITY'S
FRANCHISE AGREEMENT; BY AMENDING SECTION 51.70,
"REGULAR CHARGES LEVIED", SUBSECTION (C),
"COMMERCIAL", TO CLARIFY THE SERVICES AND RATES
CHARGED; BY AMENDING SECTION 51.71, "PAYMENT AND
BILLING", TO CLARIFY THE BILLING FOR MULTI-FAMILY; BY
AMENDING SECTION 51.72, "METHOD OF BILLING FOR
CHARGES", TO CLARIFY THE BILLING FOR MULTI-FAMILY;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 15-02 is on file in the City Clerk's office.)
The City Attomey read the caption of the ordinance.
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5/21/02
Mr. Perlman moved to approve Ordinance No. 15-02 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a
4 to 0 vote.
12.B. ORDINANCE NO. 17-02: An ordinance amending Chapter 35, "Employee
Policies and Benefits", of the Code of Ordinances to provide for dividing retirement plan costs
between the City and participants in the International Conference of Firemen and Oilers
Bargaining Unit as provided in their Collective Bargaining Agreement with the City.
The caption of Ordinance No. 17-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS",
SUBHEADING "RETIREMENT PLAN", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY
AMENDING SECTION 35.095, "CONTRIBUTIONS OF
PARTICIPANT AND CITY", SUBSECTION 35.095(A),
"PARTICIPANT' S CONTRIBUTION ACCOUNT", TO
PROVIDE FOR CHANGES TO CERTAIN PARTICIPANT
CONTRIBUTIONS; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 17-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mrs. Archer moved to approve Ordinance No. 17-02 on FIRST Reading,
seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to
0 vote.
At this point, the time being 6:30 p.m. the Commission moved to Item 11,
Comments and Inquiries on Non-Agenda Items from the City Manager and the Public.
ll.A.
City Manager's response to prior public comments and inquiries.
In response to a prior concern regarding a City sign located underneath the
Atlantic Avenue Bridge, the City Manager stated staff could not find anything underneath the
bridge. However, staff did find an old sign in the grass in the general vicinity of the bridge
which was removed. The City Manager stated staff presumed that this is the sign Ms. Speech
was referring to.
Secondly, in response to a prior concern expressed by Ms. Rolle who requested
that a "Children Playing" sign be installed on N.W. 3ra Avenue between 3ra Street and Lake Ida
5~1m2
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Road, the City Manager stated the Public Works Department follows the Institute of
Transportation Engineers guidelines for the placement of traffic control devices. The City
Manager stated the Institute of Transportation Engineers opposed the installation of this type of
sign. Studies conducted in the cities where such signs were widely posted in residential areas
show no evidence of having reduced pedestrian accidents, vehicle speed, or legal liability. In
fact, the City Manager stated many types of signs which were installed to warrant of normal
conditions in residential areas failed to achieve the desired safety benefits. Furthermore, the City
Manager stated if signs encourage parents with children to believe they have an added degree of
protection which the signs cannot provide, a great disservice results. The City Manager stated
the "Children Playing" sign is a direct and open suggestion that it is acceptable to do so. The
City Manager continued to state that Federal standards discourage the use of "Children at Play"
signs. The Public Works Department stopped installing "Children Playing" signs a number of
years ago and removed all existing signs that were up at that time.
With regard to a concern expressed by Ms. Wood about lights that may affect the
sea turtles, the City Manager stated Code Enforcement and the City's turtle monitoring
contractor regularly survey the coast to insure compliance with the City's sea turtle lighting
ordinance. When lighting is observed, the Code Enforcement Officer visits the owner of the
property and compliance is usually achieved. The Code Enforcement Officer has been in contact
with the owner just south of Casuarina Road (601 South Ocean Boulevard) and the lights will be
turned off in the evening.
With regard to the barges traveling on the Intracoastal during the hours of 1:00-
2:00 a.m. and the noise they are creating, the City Manager stated the Coast Guard has been
contacted and they have advised the City that there are no rules prohibiting travel on the
Intracoastal Waterway. The City Manager stated the Coast Guard would be the primary agency
to control that kind of traffic.
In response to a previous concern expressed about pollution from gas powered
blowers, the City Manager stated the landscape inspector stated he previously owned and
operated a lawn maintenance landscaping business for over ten years prior to employment with
the City. The electric blowers are not practical in a commercial lawn maintenance operation.
There is a need for electric outlets and you can only go as far as the length of cord; with most
homes and all businesses this just does not work. The battery operated blowers are equally
troublesome. A lawn maintenance company runs this equipment for many hours per day and no
battery blower will go for that period of time without charging. These types of blowers were
developed for the typical homeowner that maintains the yard once or twice a week not for eight
hours per day. All other lawn equipment designed for commercial use is gas operated (mowers,
hedge clippers, edgers, weed whackers, and so on).
With regard to a concern expressed on behalf of the Beach Property Owner's
Association regarding outdoor dining at the Old Calypso restaurant, the City Manager stated
Code Enforcement visited the Old Calypso restaurant last year to determine if they were
allowing patrons to dine outside. At the time of their visit they did not observe dining, however,
they did discuss the outdoor dining issue with the manager of the restaurant and subsequently
were in contact with the owner. The City Manager stated they will pursue the issue through
5/21/02
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appropriate City channels. On April 13th, the Old Calypso restaurant was inspected in
conjunction with the Fire Department and at the time of the inspection there were no outdoor
diners. The City Manager stated the City will schedule additional random inspections to
determine whether or not the Old Calypso restaurant is again conducting outdoor dining.
With regard to sidewalk caf6s, the City Manager stated they were inspected at
night two weeks ago. Two restaurants were in violation and were cited for obstructing the
sidewalk. The City Manager stated the violations will be scheduled for the Code Enforcement
Board after re-inspection is made. The City Manager stated the observation of Code
Enforcement is that the sidewalk clearance problem is volume related and on heavy pedestrian
volume nights restaurants are more apt to begin encroaching on the five foot clearance area. The
City Manager stated staff will continue to monitor the sidewalk caf6s periodically and take
appropriate action as required.
With regard to a concern regarding the Lane Subdivision, the City Manager stated
the Community Improvement Department is researching other cities to see what their Code
provisions are regarding the handling of this kind of issue. Once the research is finished, the
Community Improvement Department will report their findings.
ll.B.
From the Public.
ll.B.1. Charlotte Wright~ 802 N.W. 2nd Street, stated two weeks ago she came before
the Commission and expressed concern over a mentally handicapped boy who was mistreated
and announced that his mother is present this evening.
The City Manager stated this situation was looked into and determined that it was
the Palm Beach County Sheriff's Office who were responsible and they have been asked for a
report but as of this date have not produced any report. The City Manager explained that this
was a "drug sting" operation that the Sheriff's Department ran in the City of Delray Beach and
emphasized that these officers were not officers of the City of Delray Beach Police Department.
Furthermore, the City Manager suggested that the mother of the boy contact the Palm Beach
County Sheriff's office.
Mr. Levinson stated that a public records request can be made for documents.
Betty. Coleman, 139 N.W. 12th Avenue (mother of the boy), commented that
the Chief of Police was supposed to contact her two weeks ago with the names of the officers
who were involved in the incident but as of this date has not heard any response.
Mayor Schmidt stated he will write a letter to the Palm Beach County Sheriff on
behalf of the boy's mother and see if he can get an answer regarding this situation. In addition,
Mayor Schmidt stated he will contact Palm Beach County Commissioner Mary McCarty and
make her aware of the situation.
ll.B.2. Jennifer Wood, 917 Bucida Road~ commended the Commission on the
redevelopment of West Atlantic Avenue and stated it is coming along nicely. Ms. Wood stated
5/21/02
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about a year ago heading east on Atlantic Avenue from 1-95, the City once had a welcome sign
and asked if this area is going to be put back into shape. Ms. Wood stated at one time in this area
there were flowers and a "Welcome to Delray Beach" sign and she feels this would be a
wonderful situation to tie both the west and the east together.
Secondly, Ms. Wood stated during this time of thinking about building parking
structures, etc. and doing all of this work up and down Atlantic Avenue, she feels this is an ideal
time to think of the situation with all the cars traveling up and down especially in the evenings.
Ms. Wood suggested that the City think about getting an electric shuttle bus to help alleviate
some of the traffic up and down Atlantic Avenue.
ll.B.3. Kevin Warner, 248 Venetian Drive, stated he knows how Commissioner
Perlman feels about Atlantic Grove, the house prices, and the feelings of the CRA. Mr. Warner
asked the other Commission members how they feel regarding Atlantic Grove.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items.
13.
Comments and Inquiries on Non-Agenda Items.
13.A. Ci.W Manager.
The City Manager stated he had no comments or inquiries on Non-Agenda Items.
13.B. Ci.ty Attorney.
The City Attorney stated she had a great vacation.
13.C.
13.C.1.
Ci~. Commission.
Commissioner Archer
Mrs. Archer stated when she was traveling on N.E. 2na Street approaching 2nd
Avenue she saw an enormous Coca-Cola track making a delivery blocking the lane. Mrs. Archer
continued to state that she went around the truck and around the round-a-bout and stopped by the
next building on the other side of the comer and witnessed the truck navigate the comer. Mrs.
Archer stated the truck road over the top of the curb and chipped a big piece out of it. Mrs.
Archer inquired whether or not anything can be done to get smaller delivery trucks.
The City Manager suggested that the City post signs indicating that trucks are
prohibited from going through this area because this area is not built for trucks of that size. Mrs.
Archer gave direction to the City Manager to contact Coca-Cola and inform them that these
trucks are too large.
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5/21/02
Secondly, Mrs. Archer stated she received a request from JoAnne Peart who
wants to know when the traffic calming islands at Seacrest and Del-Ida are going to be planted.
Mayor Schmidt stated these are being planted today.
Mrs. Archer
Commerce on the occasion
were approximately sixteen
that new leaders are coming
stated she had the oppommity to speak before the Chamber of
of the graduation for ,Leadership Delray. Mrs. Archer stated there
or seventeen people at the graduation and she feels it is nice to see
out.
Mrs. Archer commented about the Historic Trolley Tour and stated while riding
on this particular tour she had a whole new perspective of Delray Beach. Mrs. Archer stated she
has never had the opportunity to take a trolley tour in her own community and commented that
she is truly impressed with the City of Delray Beach.
13.C.2.
Commissioner Perlman
Mr. Peflman commended Janet Meeks, Education Coordinator, for the report she
is producing for the Atlantic High School progress. Mr. Perlman stated the report is really
comprehensive and feels all the information is great.
Secondly, with regard to the graduation of the Resident's Academy, Mr. Perlman
stated the comments were very positive.
Mr. Perlman stated he had the opportunity to meet with the Planning Director for
the City of Stuart who is also their CRA Director and she is doing a doctoral dissertation. Mr.
Perlman stated she surveyed 100 CRA's in the State of Florida and chose five CRA's to focus on
one of them being Delray Beach. Mr. Perlman stated she also stated that when surveying people
throughout the state, they kept speaking about the success of Delray Beach and wanting to model
what was happening in Delray. Mr. Perlman commented that Stuart is a very good city and he
feels this is very gratifying.
With regard to the Neighborhood Summit, Mr. Perlman stated he is not so sure
this is a good time of year and asking people to commit to a whole day on a Saturday is tough.
Mr. Perlman suggested that the sessions be consolidated to a maximum of 20-25 minutes. Mr.
Perlman stated he feels there needs to be some more active recruitment to get more people there
because he feels the idea is great.
Mr. Perlman stated that he noticed K-Kove was demolished and commented that
there was an inquiry at the PROD Meeting today about the status of Pathways on Barwick Road.
Mr. Perlman suggested that the City may want to gain some control over that parcel and stated he
has heard that the owner is moving his operations to Broward because he no longer has a place to
house people with K-Kove being gone.
Mr. Perlman stated the presentation regarding West Atlantic Avenue was made by
the CRA and the Engineering Department last week at the Metropolitan Planning Organization
(MPO) and they came in fourth out of fourteen applicants which means that they will probably
5~1~2
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receive a half million dollars for the continuation of West Atlantic Avenue. Mr. Perlman
congratulated both the CRA and the Engineering Department.
Mr. Perlman stated there was an article in the newspaper about what the City of
Boca is doing in terms of "sober houses". Mr. Perlman stated the City of Boca would like to
limit these to three areas near health care facilities and there are also two other areas that they
want to limit these. Mr. Perlman suggested that the City of Delray Beach look at what the City
of Boca is doing. Mr. Perlman continued to state that at the Citizens' Summit, the Neighborhood
Summit, and the Community Management Team Meetings he has been attending regarding the
Southwest Plan, that this is an issue in certain neighborhoods (i.e. Woods of Southridge).
Mrs. Archer stated she spoke to the City Attorney with regard to this issue and
stated the Drug Task Force is reviewing this and will come back to the Commission with some
recommendations for what they believe would be appropriate actions to be taken.
13.C.3.
Mayor Schmidt
Mayor Schmidt stated within the last week he has received numerous calls
regarding Adelphia Cable and the cable service complaints. Mayor Schmidt stated he did
receive one compliment from a man who informed him the only time he gets his cable fixed is
when he calls the City Attorney's office. Mayor Schmidt inquired if there are any penalty
provisions built into the agreement. Mayor Schmidt asked the City Attorney to take a look at
this and suggested that if the City can (within the bounds of Federal law) build penalty
provisions into the next franchise agreement.
The City Attorney stated the City Attomey's Office is currently reviewing a draft
ordinance. The City Attorney stated she will review this to see if there is penalty provision and
get some advice on whether or not this is appropriate.
13.C.4.
Commissioner Levinson
Mr. Levinson stated with regard to Adelphia Cable they have met with a
consultant and there are some things the City can do in terms of performance requirements.
Secondly, Mr. Levinson commented about Historic Preservation Week and stated
on Saturday approximately thirty people took the bus tour. Mr. Levinson stated Mary Swinford,
Delray Beach Historical Society, symbolically buried a time capsule and noted that the time
capsule could not actually be buried because there is still construction being done on the site and
they were worded that someone would dig it up accidentally.
Mr. Levinson stated he concurs with comments expressed by Mr. Perlman about
the Neighborhood Summit being great but agrees that it could be improved.
Mr. Levinson stated there was a newspaper article on the airport noise panel and
apparently they are trying to get this off the ground. In addition, Mr. Levinson stated there was
an article in the paper that the Boca Airport is undergoing a test with a firm with regard to a
5~1~2
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tracking system. Mr. Levinson stated it will be terrific for the City of Delray to use when
someone calls or for people from the community because it will be accessible from the Boca
Airport site. Mr. Levinson stated hopefully this will help to focus on those airplanes that are in
violation (flying too low, etc.).
Mr. Levinson stated he was happy to see after he called and spoke to Major
McCollom from the Police Department one of the two electronic traffic boards as well as the
speed control device was moved to Lindell Boulevard. Mr. Levinson stated he talked to Mary
Lou Ciambriello (721 Lindell Boulevard) who came before the Commission regarding the
speeding on Lindell Boulevard and was very thankful that the City is making progress in this
regard. Mr. Levinson stated he suggested to Ms. Ciambriello that we need to get her the
application for traffic calming for her neighborhood and also suggested that she needs to act with
her association. Mr. Levinson stated there is a traffic sign board on the northbound Federal side
near the boat ramp and suggested that these traffic sign boards be moved around the City on a
regular basis to a new location when they are not being used for some directional signage for
parking (as like Lindell Boulevard and Northbound Federal Highway). Mr. Levinson stated this
would at least alert people that the Police Department is enforcing the speed limit in an effort to
slow people down.
At this point, the time being 7:00 p.m. the Commission moved to the duly
advertised Public Hearings portion of the agenda.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 13-02: An ordinance amending the historic designation
adopted via Ordinance No. 70-89 and Ordinance No. 70-90 for the "Fontaine Fox House" historic
site located on the east and west sides of Ocean Boulevard, south of George Bush Boulevard (610
and 615 North Ocean Boulevard). Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public heating has been scheduled to be held at this time. (Quasi-Judicial
Hearing)
The City Manager presented Ordinance No. 13-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE
NO. 70-89 THAT PROVIDED FOR THE HISTORIC
DESIGNATION OF THE FONTAINE FOX HOUSE AND
PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 13-02 is on file in the City Clerk's office.)
This item has been postponed due to a problem with the advertising.
10.B. ORDINANCE NO. 14-02: An ordinance amending Chapter 71 of the City
Code of Ordinances by enacting Section 71.092 "Immobilization of vehicles by the City to
collect outstanding parking fines". 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.
5/21/02
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The City Manager presented Ordinance No. 14-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES, BY AMENDING CHAPTER 71,
"PARKING REGULATIONS", BY ENACTING SECTION
71.092, "IMMOBILIZATION OF VEHICLES BY THE CITY
TO COLLECT OUTSTANDING PARKING FINES", TO
PROVIDE PROCEDURES FOR THE IMMOBILIZATION OF
VEHICLES THAT HAVE A CERTAIN NUMBER OF UNPAID
PARKING TICKETS OUTSTANDING; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 14-02 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 Schmidt declared the public heating opened. There being no one fi.om the
public who wished to address the Commission on this issue, the public heating was closed.
Mr. Levinson moved to adopt Ordinance No. 14-02 on Second and FINAL
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
At this point, the Commission moved back to Item 11, Comments and Inquiries
on Non-Agenda Items from the Public.
ll.B.4. Alice Finst~ 707 Place Tavant~ thanked the Commission for holding the
Neighborhood Summit on Saturday and commented that she did attend and concurs with
comments expressed by Commissioner Perlman. Mrs. Finst stated she made it a point to talk to
people fi.om different associations who she had not met previously to find out what their
concerns were about their community. Mrs. Finst stated the three major concerns are 1) Code
Enforcement, 2) Cars on lawns/grass, 3) the indication that there are a lot of people living in
houses that probably are not all related or in excess of what a house normally would hold and
they are concerned about the appearance of their property. Mrs. Finst stated although these
concerns have been discussed before, Mrs. Finst asked the Commission if they could discuss this
again and come up with some plans so that when someone drives down a street they do not see
nine or ten cars parked on lawns. Furthermore, Mrs. Finst stated she feels this situation is
causing "eye pollution".
Secondly, Mrs. Finst commented about citrus trees west of Boca and stated she
understands that the City of Delray's participation is limited to assistance by the City Attorney's
5/21/02
-19-
office, but the reality is that if the injunction is not granted on Friday, the Department of
Agriculture will be cutting down trees here. If the injunction is granted (because Delray Beach is
not participating), the Department of Agriculture will be cutting trees here. Mrs. Finst stated as
she understands it, the City of Delray Beach is not participating in a way to protect the trees and
asked what the City is going to do to protect Delray.
The City Attorney stated there was a motion for a preliminary injunction and
there is a decision to be rendered on Friday and it does cover the Boca Raton area. The City
Attorney stated to her knowledge she is not aware of there being anything in the City of Delray
Beach at this current time.
Mayor Schmidt asked if there are any trees within our City limits that are
scheduled to be cut. In response, the City Manager stated there is nothing scheduled that he is
aware of for cutting down trees within the City of Delray Beach and commented that in the past
they have met with staff in advance and notified the City if there were areas of infection that
would lead to trees being cut.
Mr. Levinson stated he would encourage any private property owner to join the
suit if they have a citrus tree that is in danger of being cut.
The City Attorney noted to Mrs. Finst that the motion she saw included individual
property owners moving to intervene that had trees that were under threat of being cut.
Mr. Levinson stated he feels the Commission has agreed to participate in a way
that makes it appropriate for the residents, which is to utilize the resources of the City where
appropriate. Mr. Levinson stated he does not want to see the City spend thousands of dollars in
taxpayer's money and have it get thrown out because the City may not have any standing or any
recourse. Mayor Schmidt stated he concurs with comments expressed by Mr. Levinson.
Mr. Perlman commented that the Commission is not precluding reconsidering the
issue.
ll.B.5. John Bennett, 137 Seabreeze Avenue~ read into the record a poem entitled "In
Flanders Fields" written by John McCrae. Mr. Bennett stated he has been asked by the
Commander of Post 65 of the American Legion to remind the Commission and the public of the
Memorial Day Commemorations at 9:30 a.m. at the Delray Beach Municipal Cemetery and at
11:00 a.m. at Veteran's Park. Speaking personally, Mr. Bennett stated he hopes everyone will be
there and read the following names (Delray's fallen) into the record:
Milton
· Myers
· Fish
· Oiler
· Riley
· Jones
· Jetton
5/21/02
-20-
· Lamb
· McNeil
· Priest
· Vreeland
· Jupinico
· Sprott
ll.B.6. Ruth Silverman~ 905 N.W. 22na Avenue~ stated she wrote a letter a couple of
months ago asking the City of Delray Beach to participate in the lawsuit that allows the
Department of Agriculture personnel to come into yards without a search warrant and violate the
4th Amendment protection. Mrs. Silverman stated she does not understand why the Commission
does not want to take an active stand and commented that citizens' rights are being violated.
Mr. Levinson suggested that Ms. Silverman contact Representative William
Andrews since he enacted the law that is allowing the Department of Agriculture to cut down the
trees and ask him what he will do about this.
at 7:15 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
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 May 21, 2002,
which Minutes were formally approved and adopted by the City Commission on
City Clerk
-21-
5/21/02
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 to the Minutes
as set forth above.
-22-
5/21/02
Memorandum
To~
From:
Thru:
Subject:
City Manager - David Harden
Director of Out of School Progra~rn -~ Tonya Smith
Director of Parks and Recreation ~ Joe Weldon
After School Program Presentation
Date' 05/15/01
I would like to have the opportunity for our After School Program children to be involved
in a presentation at the City Commission Meeting scheduled for May 21, 2002. The
content of the presentation will be from a contest we held on "What I want to be when I
grow up". We have selected winners from three sites, Pine Grove Elementary,
Community Center, and Pompey Park.
Grades 1 - 3, participated in the Drawing Contest. The younger children drew their ideas
while the older children in Grades 4 and 5 participated in the Essay Contest. We would
like to present the City Commission with a copy of our newsletter featuring these essays
and display the drawing on a board, or on the walls of the Commission chambers. We
have awards donated from a local business and Departmental certificates I hope the
Mayor would be willing to present to the children.
I strongly believe acknowledging the efforts of these children will encourage them to
learn and develop ideas about their role as citizens in our community and the world at
large.
Dirffctor of Oul-of'-flchool Program
Cc: Richard Connell
Assistant Director of Parks and Recreation
Essay and Dnwing Contest Winners I ~^
Vqfhat do ! want to be when ! g~w up?
...... . ..... .~.. ~ - ~ ~'.'~.:..~...~ .. '~/~.~
. . . --~ ~ ; . -.,,~ ..~..,. ~'~' ~
! ~ ~[~ ~ J ~~~.
I/ !~ ,.,
· k/*.4"J~ f~~, I ~ilLl~ ~ '
/ t~~. ~h,,,, i ~ ' "-
3'asinine
C~-~de I
Essay and Drawing Contest
Sh~rleen, &rade 2
Pine
Police Officer
I community Center L 1
Police Woman . ~
~ -~ :--"' '-~ ! 'W~n Zg~ ~ ~ ~t to ~ a ~chniti~. M~ ~d ~ a t~h-
ni~on ~Z ~nt to t~ ~ w~ ~ is doi~. ~ also ~ink t~
~ ~ ~ ~ ~ = fa~ b~k Ln~or.~wn~ ~ do ~-
thi~ ~d wi~ ~ life i~d o? ~i~ a bum. ~ ~ to ~t
e~ ~ to s~ my family a~y ~nts. ~ ~n ~lp
o~ ot~ too. ~ ~nt to ~ a g~d ~ so ~ WhY ~
~ ~ ~ ~o did ~th~ ~d.with t~ir life. ~o~
~ so~ ~ ~ ~ ~ fo ~ G ?echniti~ w~n ~ g~ ~.
!
Community Center
,Tu~nise, &rode 3
ICommunity Center
Biance, &rc~d !
Skater
Communit'y Centee Grade 3
']: would like be a doctor when T grow up.. The re~son T want to
be a doctor is because T can heTp goc~ people g~_t well and Z
can make a lot of money but money is not Why T w~ld be.a
doctor. ]:f T could be a doctor T would make a lot at_people
happy. Tt is a lot of things you. must do to be .a doctor. T ~ver
no all]: have to do is believe that &od will make a .way cma you
might actually do it. So like ]: said all you ,~half .to do ,.s believe
in ~ and you will make it. Maybe you wont it but at .least. y~
tried to do your best and God has blessed you..~o that's why ·
want to be a doctor and a gqo_d good doctor and still be able to
think &od at the same time.'
Community Center
Anthony, 6rede 4
· T want to be a basketball player when :]: grow .up because :]:
want to be famous and have Io~s of money so kicl~ can run up
mtd say can ]: please have your autograph. The other reason ]:
.want to be a basketball.player so my mom can lay_ beck and
don't have to work and the rest of ,my family. Thetis the rea-
son ]: wont to be a basketball player.
3
.e · · · · ·
Pine Grove
FIGine, erode 4
'When T grow up l' wont be like Cheryl
Miller. TI~ gmst woman who pi.ay b~-
ketball. And T would like to be her
be~ sk~ plays Ix~tball and that is
_my favorite sport. Also so .my hole
family will be proud of me because
when T be like her T am going to get
money like 1000 dollars, [,000 dol[6rs
or more. Also because when T be like
*When T grow up, T wont to be a doc-
tor, a teacher or a actor. T can't
c,hoose just yet. Tf T become a doctor,
T d want to work in Texas. A lot oe
people got hurt in Texas. On the
other I~nd, if T become o teacher, T
want to teach 4th grade in Orlando. T
always wondered what other schools
are like in other cities. But if T be-
you three reason why! My first reason
why T want to be a football player is
because football is my favorite sport.
Z love football! My second reason why
Z want to be a foOtballplayer is be-
cause my cousin pi .aye_ d football when
he was ,n college. He encouragos ma
to play football. My last and final rea-
son why T want tab· a football player
is because Z want to be as famous as
the pros. Z wont to play in the Supe_ r
Bow[ like Terrel I~vis. T wont to make
fheryl_ Miller T am also going to got come an actor, Z'd like to work with
ors of medals when Z won
and t~ophys to. Last the ~mYle~wome~ great directors, especially Kim Fiel.cls. touchdowns and get t~ophies. And
May·is are my specialty. Z~d li~ to be when you play football, you make a lot
could be ha~py at me to.' included in §0 movies and 3 television of money for your family. That is why
Pine ~o~ series. After that, Z win a couple of [ want to be a professional football
,~,air, ~m~de 4 ~ramml/s and retire. Settle do.~. and player when T grow up.'
When Z grow up Z want to be a base- get married and be a father of three. Community Center
kerb·Il p~yer. Z wont to be a basket Which ever job Z take, Z know Z'II be ,~,ose, ~de 4
ball plm/er because you can make a lot satisfied. Being that just one of them When Z grow up Z am going to be a
of money and if Z brake my. lag Z will (doctor), either one will be fine. Z'II beprofessional sac .car plm~_r. Z~am going
be a. lawyer in a weal char for a back the best doctor, actor, teach, bus- to try to pass a lot and I am going to
up pla_r~_, just in case Z get perolized band and father to my crew, clients, try to hasten a lot..For ev~. ry game T
and cant be a basketball player any wife and kids. Every. one will except me am goimj to earn about $25 million
as ~ an~ Zf they don't, oh well. Tf Z dollars. My family, is going to buy all
Pine ~ove don t succeed in either job, T'd want their needs and bel.ongings. Z'm also
~incent to be a la~y..er, or a judge. Even going to buy. my needs anc~ belongings
t. hough Z would have to stay_ in. collagoto. My family and Z are also going roi
What Z want to be when Z grow up is tar sometime. T am only in 5th grade, buy our food and beverages so we can
a lawor because Z wont to make a lot Z don't know what rd n~jor in yet. Z have all our supplies reac[y.'
~ mon~y_. And because Z want all pea- mean there ~re so many things to
pie to feel free without gaffing rob or choose fron~ One thing Z know Z~m ~ommunJty Center
even lied to. Would you want tile world going to do for sure, ~m going to got ~amel, ~l~de 4
to be a betYer place? my mqs. tar degree. !'II got my money. 'When T grow up Z ~ant to be a
My. second reason is Z want people straight, and I~y ma a house in Beverly Nscar-s raced like to drive, mca and
who are bad to go to court so we can
have a case. Th~n they we be found Hillsg0Z10. ~et me a maid and buy me .be ~*t place and wins so Z got lots and
some cars and a limozine. T'II be one of Ia. ts. and lots of cha~;ingships, tro-
geltey. Z don't wont to get in troble the ma.st ~pular people in Beverly phthey then will be a great driving
never. Hills. A lot of people will look up to me cha .mpingship. Z.t will I~ve a money
a~ a rolo model. Tha~s all ! want. Now inside the tropthey.'
My third reason if T want to be the
nicest person on the street. The rea-
son you should be.c~use if you be mean
your going to need one or them.'
Pine ~move
Lashundm
'When Z grow up Z want to be two
things a Doctor and a basketball
player. The reason Z want to be a Doc-
tor is because T want to help
got well in bad situations like p. utt, ng
stitches on people and taking bullets
out of peopl~ and delivering b~bies.
The ~ason T want to play basketball
is so when T have kidsI can teach
theme the responsibility of doing
something and respect for other peo-
ple and staying in
Pine
Vanilla. ~de ~
*Wow! That's a pre..tty hard choice to
make but T can t~ndle it. When I gro~
up I would like to be o doctor. I would
like to be a doctor bec~mse ! love
helping I~eaple. If Yg.u are a dacter you
are help,ng peopla because when they
get sick you make them fell bet~r
and that is what you call helping pea-
pla.*
you know whcrl' T'd like to be when Z
jrow up.'
ompey Park
M~Jreen, Grade 4
'What T want to be when T grow up is
a designer of clothes..Why Z wq. nt t_o
be a Tdesigner of clothes is that ~[
want people to buy my clothes so Z
can _h6ve some money. The other .r~-
son ]~ wont to be a designer of. clot.h~
is that people don't have clothes they
could al.way's come to my shop ~ got
some clothes. And T want pe~. pie to
t.hank ma a lot for making cl.oth~s for
the~ And if the mall or other store
are closed they always could come to
my shop. The door w. ill always be open
f.~r .you. Zfs not hard to designed
clothes just use your head, it's .fun.
When I grow up I~ going to be a
designer. So people couFd know about
me, bnd my clothes that I have de-
signed.'
pompey
~,~,,_ney, ~mle 4
What do T want to be when I grow
_up? Well I'm focusing on being a p.ro-
f~ssionel football pla~er. I'll even g,ve
Community Center
Lanso, ~r~de 5
'When peopla ask me what Z w~nt to
be, T always ~ maybe the first black
woman president. W_hy? Stop and. Z
tell you why. First Z see tha~ all the
president qre man. See when they.had
woman right they .didn't soy_, nothing
aba. ut woman president. Se Tm going
to be the first black women president.
l~.xt T See t.hat a!l pres,.dent .am
white T know that the tradition but
the have to let worn·ns be to black
and different women to. Next in or-
der to become the first black women
president T I~.ve to get a good educq-
tion and by_ that T have to go to col-
lage. Then T have to be ·lacteal. Then
.Z be the first black wa.men president
I~st. T change the tradition that all
people can ~e the president if _they
want to. Black, white, potion. That
what T wont to be.'
Employment Opporeunities
Summer Camp Program
The Parks and Recreation
Out-of-School program is
looking for part-time staff. Four
positions are available in the
Summer Camp Program:
Recreation Leader II,
Recreation Leader III,
Recreation Supervisor T and
i~creation Supervisor II. Days
and Hours of Work: Man.-
Friday, 7:30 am to §:30 pm.
High School graduate or
exluivalent. A comparable amount
of Training, education or
experience con be substituted
for the minimum qualifications.
Recreation Leader II:
Experience in one or more
phases of a community
recreation progrmn. Knowledge
of leadership skills, ability to
plan, organize and conduct
simple recreational activities.
$9.18/hr.
Recreation L~ader III:
Considerable knowledge of
Community Recreation work.
Ability to organize recreational
activities with children. Two
years experience in one or more
phases of a community
recreation program or
completion of two years college
in recreation or related field
desirabl~ $9.82/hr.
Recreation Supervisor Z:
Develop schedules and
procedures for the operation of
camp. Assign counselors to
activities and other
responsibilities. Responsible for
safety and all procedures as
they pertain to the complete
supervision of all campers and
staff. May work directly with
children and lead a group, when
necessary. Must possess a valid
Florida Driver's License. $11.:>§/
hour
Re?eation Supervisor ~i:
Ability to coordinate staff and
children, ability to meet public.
plan, organize and carry out
daily and special programs.
Develop routine schedules and
procedures for the operation of
the Summer Camp Program.
Must Possess a valid Florida
Driver's License. $13.0§/hour
Instructional Swimming and Water Safety Program
Schedule
Instruction swimmim will be held at Porn my Park Pool for a four (4) week program.
Site/G~up Dates Days Tim~
Pine6ro~e6roupsl, 2,3 April 26--May24 Fridays 3:0C ;:00
Pine Grove ~'oups 4, 5 April 26--May 24 Fridays 3:00
Community Ce~er ~ 1, May g--May 23 Thursdays 3:00--4:00
2,3
Community Center &roups 4, 5 May 2--May 23 Thursday 4:00-5:00
Pompey Park 1, 2, 3 May 7--28 TUeSdays 3:00--4:00
Pompey Park 4, 5 May 7--May 28 Tuesdays 4:00--5:00
Page5
ii, Bi. ny lieael~ PariB
50 NW ~1' Ave.
JNdn: 5~ ].-243-7~50
Out of School: 561-243-7249
FGX: 561-:~43-7:~68
May 2
Rap Food c.y th. sun s..~.., ~npany)
Cool mp groups need energy fo keep rockinL Here Gm so~ ~cipe idms *o keep you
in the groove...
peonUt Bu~fer & Bcmmm Bop
sti~ ~ ~ ~ of
you~ ~cn-
3. Tc
~co~
2
Sun Mon
· ue Wed Thu Frd S~
6
13
5
12
20
26
ICity
7
14
28
1
8
15
22
29
2
9
16
23
30
HAPPY Birthday toYoU!
Brianm R~I~, ___ Pine &eo~ ·
po.~_~p~ ^.~hony.~,o,!ie?. ~~toi~,~-
~~ Amil~ ~on~o WimPs ~io~ ~mu
, Abdud ~cis~
~uaniSe ABen
Chelse~ Bethea
S~nton~ Louis-6~..ne
banielle Mc¢lendon
Marvin Orange
3ose t) Rodrlquez
5effrey Salomon
ll~m &,5on
17
24'
31
4
11
18
25
3'uM X0tfl--
Au~. 2~1:
Summer'
· lOth: Reserve your
tickets for Mom and
Son Dinner Dance by
May 6th. Call 243-
7277.
· 27th: Memorial
I:)cn/, CHy will be
closed.
Date: May 16, 2002
Request to be placed on:
AGENDA ITEM NUMBER:
AGENDA REQUEST
Consent Agenda x Regular Agenda Workshop Agenda Special Agenda
When: June 4 ~ 2002
Description of Agenda Item (who, what, where, how much): Request approval
to present to City Commission winning essays from our After School Program on
"What I Want to be When I Grow Up" and presentation by the Mayor of donated
awards to the winners of the essay and drawing contests.
Department Heard. )
Signature: ~./
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda:~/No Initials: ~
Hold Until:
Agenda Coordinator Review:
Received:
(if applicable)
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~~,
AGENDA ITEM - REGULAR MEETING OF JUNE 4, 2002
FINAL PLAT APPROVAL/GOODISON PARK ESTATES SUBDM$ION
PLAT
DATE: MAY 31, 2002
This is before the Commission to approve the final subdivision plat for Goodison Park Estates
subdivision. The property consists of three (3) fee-simple single family lots and is located on the
east side of State Road A-l-A, approximately 300 feet south of Linton Boulevard.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Goodison Park Estates.
S:\City Clerk\chevelle folder\agenda memos\Final Plat. GoodisonParkEstates.06.04.02
The item before the Board is that 'of aPproval of a combined Preliminary/final plat
for a 1.32 acre fee simple singlc=efamily development known as" Goodison Pa'rk
Estates. The subject property is located on the east side of Ocean Boulevard
(State Road A-l-A), approximately 300-feet south of Linton Boulevard.
This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions.
The subject property 'COntains 57,499 square feet (1.32 acres), is currently
unplatted, and is in the RM (Multiple Family Residential) Zone District.
The site currently COntains an apartment/hotel COmplex, known as K Kove
Apartments. The complex COntains four (4) individual structures, a swimming pool,
as well as decks and other amenities. The development received site plan
approval for 8 units in September of 1972. A site plan modification was later
approved, in May of 1978, which increased the units to 18. The site has a current
occupational license for 14-units.
The plat currently before the Board is for a single-family subdivision, which does
not require site plan approval.
The proposed plat COnsists of three (3) fee-simple single-family lots, with all
parcels fronting on newly created private road, Dusty Miller Ddve. Lots will range
in frontage from 60-feet to 95 feet, and in total area from 11,517 square feet to
19,799 square feet. Lots 1 & 2 will be beach front lots, with the Coastal
Construction Control Line bisecting these lots. Additional building permitting,
through the Flodda Department of Environmental Protection (FDEP), will be
required for construction on these lots.
The plat includes a non-vehicular access easement along the west line of Lot 3,
(adjacent to State Road A-l-A), as all vehicular access will be accommodated via
Dusty Miller Drive. In addition, the plat includes a 4-foot pedestrian access
easement along the north line of Lot 1, which will give Lot 3 access to the beach.
Additionally, Dusty Miller Drive, will COntain a water and sewer easement. A 10-
foot General Utility easement is proposed along the front of Lots 1 & 2, and the
north and east sides of Lot 3.
P&Z Board Staff Report ·
Goodison Park Estates Plat
Page 2
Pursuant to Section 3.1.1 of the Land Development Regulations, prior to
apprOval of. development applications, certain findings must be made in a
form which is part of the official record. This may be achieved through
information in the application, the staff report, or minutes. Findings shall be
made by the Board to approve or deny the development application. These
findings relate to Future Land Use Map Consistency, Concurrency and
Consistency with the Comprehensive Plan, and Compliance with the Land
Development Regulations.
Section 3.1.1 (A) - 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 parcel has a Future Land Use Map designation of MD (Medium
Density Residential) and is currently zoned RM (Multiple Family Residential) The
RM zone distdct is consistent with the MD Future Land Use Map designation and
the proposed single-family development is allowed as a permitted use in the RM
zone district [LDR Section 4.4.6(B)(1)]. Thus, it is appropriate to make a positive
finding with respect to consistency with the Future Land Use Map.
Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1(B)
Concurrency as defined pursuant to Objective B-2 of the Land Use Element
of the Comprehensive Plan must be met and a determination made that the
public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and prOvide, or to
require the provision of, needed capital improvements for the following
areas:
Water and Sewer:.
· Water service will be provided to each lot via an 8" water main intemal system,
located Tract A (access tract). The internal water main system will connect to
an existing 6" water main along the east side of Ocean Boulevard (State Road
Ad-A). Additionally a fire hydrant is to be provided at the entrance to the
development.
· Sewer service is provided to the site via a 6' sewer lateral extension from the
existing 12" sewer main located along to the east side of Ocean Boulevard
(State Road Ad-A).
The creation of 3 single-family units will represent a net reduction to water and
sewer demands, as it relates to this level of service standard, given that the
previous development was a 14 unit apartment complex.
P&Z Board Staff Report '
Goodison Park Estates Plat
Page 3
.Streets and Traffic: ·
The 3-lot development will generate 30 (ADT) average daily trips (10 trips per lot,
per day). This represents a net reduction of 68 ADT, as the previous use, a 14-unit
hotel/apartment complex, generatc~l 98 ADT. There is adequate-capacity on tl'ie
surrounding roadway network to accommodate the generated trips. Developments
generating less than 200 ADT do not require review with respect to the Palm
Beach County Traffic Performance Standards Ordinance.
Parks and Recreation Facilities:
The proposed 3 new residential units will not have a significant impact with respect
to level of service standards for parks and recreation facilities. Pursuant to LDR
Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior
to issuance of a building permit for each unit. A total fee of $1,500 will be required
of this development for parks and recreation purposes.
Solid Waste:
Trash generated each year by the 3 proposed units is 1.99 tons of solid waste per
unit per year or 5.97 total tons of solid waste per year. The trash generated by this
proposal can be accommodated by existing facilities. A positive finding with
respect to this level of service standard can be made.
Drainac~e:
Drainage will be accommodated via a combination of a sheet flow and ex'filtration
system, which has positive discharge to the storm water system in A-1-A.
DSection 3.1.1 ~'C) - Consistency: Pursuant to Section 3.2.1 (Basis for
etermining Consistency), the performance standards set forth in Section
3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon
which a finding of overall consistenCy is to be made.
As described in Appendix "A", a positive finding for consistency can be made as it
relates to Standards for Plat Actions.
Section 3.1.1 {D) - Compliance With the Land Development Re.qulations
Pursuant to LDR Section 4.4.6(F)(1), the provisions of the R-1-A Zone District
shall apply to apply to single-family development in the RM Zone District.
LDR Section 5.3.1(D)(2) (Right-of-Way Dimensions):
The required fight-of-way width for Dusty Miller Drive, as per LDR Section
5.3.1(D)(2), is 60 feet. The submitted plat shows a 30-foot right-of-way.
Pursuant to LDR Section 5.3.1(D)(4) (Reduction in Width), reduction' in the
required right-of-way width may be .granted by the City Commission, if there is
.0
P&Z Board Staff Report '-'
Goodison Park Estates Plat
Page 4
support from the City Engineer. The applicant has requested and received the
necessary support from the City Engineer for a reduction from 60 feet to 30
feet.
LDR Section 6.1.3 (Sidewalks):
According to the above referenced LDR Section, a 5-foot sidewalk is required
along both sides of the proposed private street and along State Road A-l-A,
adjacent to the subject property. Pursuant to LDR Section 6.1.3(D)(1)(b), relief
from these standards can be granted by the City Commission, providing the
City Engineer concurs with the granting of the waiver. The applicant has
requested and received the necessary support from the City Engineer for a
complete waiver of the required sidewalks within the private street. The City
Engineer did not support a total waiver for the required sidewalk along State
Road A-l-A, and instead recommended a sidewalk deferral.
· LDR SeCtion 4.3.4 (K) (Development Standards Matrix):
Internal Adjustment for Required Side Setback
As the subject property is currently zoned RM, the development standards for
the R-1-A Zone District are applied for single-family development.
Accordingly, the required side setback for an interior lot is 7Y=-feet. The
applicant has requested a reduction of 1Y=-feet to 6-feet for side setbacks
between Lots 1 and 2 (beach front lots).
Pursuant to LDR Section 2.4.7 (C)(5), concurrent with granting relief from a
development standard or regulation, the granting body must find that such
relief does not diminish the practical application of the affected regulation
(requirement) and that by granting such relief a superior development product
· will result.
The requested reduction of the side setback meets the Rule for Intemal
Adjustments (LDR Section 2.4.7 (C)(1)), as the requested relief only effects
the setbacks between Lots 1 & 2, which is internal to the plat. Perimeter side
setbacks (north side of Lot 1, south side of Lot 2, and west & south sides of Lot
3), will be unaffected by this request. Similar relief was granted to a
development approximately 500-feet to north (Sea-Aire Estates, now known as
Delray Ocean Estates), reducing front setbacks from 25-feet to 10-feet, all
internal to the project.
As the project is proposing three (3) single-family homes, as opposed to the
current use of a multi-family project of 14 units, a superior and more desirable
product is being offered.
P&Z Board Staff Report "'" ~
Goodison Park Estates Plat
Page 5
Technical comments from the I:~nning & Zoning Department;. Environmental
Services Department, and Fire DePa~,J~ent' are attached as Appendix "B", and
must be addressed pdor to scheduling of the plat for City Commission
consideration.
The development proposal is not located in the geographical area that requires
review by the Community Redevelopment Agency (CRA), the Downtown
Development Authority (DDA), or the Historical Preservation Board (HPB).
.Courtesy Notice:
A courtesy notice has been sent to the following neighborhood/condominium
associations:
PROD - Progressive Residents of Delray
Presidents Council
Beach Property Owners Association
Letters' of objection or support, if any, will be presented at the Planning and Zoning
Board meeting.
The development proposal is to subdivide the subject property into three (3) fee
simple single-family lots, which is consistent with the Zoning District, Future Land
Use Map designation, and development patterns for the surrounding area.
Furthermore, the proposal represents a significant reduction in intensity (3 dwelling
units proposed vs. 14 dwelling units existing), and the development of single-
family homes will provide a better and more desirable product. Additionally the
proposed use represents net reduction in traffic generation and impact on water
and sewer facilities, compared with its current use of an hotel/apartment complex.
Positive findings can be made with regard to Concurrency and Comprehensive
Plan consistency, as well as LDR Section 3.2.3. The plat will require several
technical modifications, as listed in "Appendix "B" - Technical Items" section of this
report, before it can advance to the City Commission.
P&Z Board Staff Report
Goodison Park Estates Plat
Page 6
A. Continue with direction.
B. Approve the preliminary plat for' Goodison Park Estates and certify the final
plat based upon positive findings with respect to Section 3.1.1, Section
3.2.3 and Objectives and Policies of the Com~3rehensive Plan, subject to
conditions.
C. Approve the preliminary plat, and require submittal of a final plat to be
processed separately.
D. Deny the preliminary plat and final plat with basis stated.
By Separate Motions:
Waiver for Sidewalks:
Approve waiver from the requirement for installation of sidewalks in private access
tract and a deferral for the required sidewalk along State Road A-l-A, pursuant to
LDR Section 6.1.3(D)(1 )(b).
Intemal Adjustment for Side Setback:
Approve an internal adjustment to reduce the side setbacks, on the south side of
Lot 1, and north side of Lot 2, from 7%-feet to 6-feet, based upon positive findings
with respect to LDR Section 2.4.7 (C)(5).
Reduction Of Required Right-of-Way Width:
Approve' reduction of required width fo~' priVate street (Dusty Miller Drive) from 60-
feet to 30-feet, pursuant to LDR Section 5.3.1(D)(4).
Plat:
Approve the preliminary plat for Goodison Park Estates and certify the final plat
based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and
Objectives and Policies of the Comprehensive Plan, subject to the following
condition:
1. That all comments under the "Technical Items" section (Appendix "B") of the
report be addressed prior to scheduling the plat for City Commission action.
P&Z Board Staff Report
Goodison Park Estates Plat
Page 7
Attachment:
· Reduced Plat
· Location Map
· Appendix
· Appendix"B'
P&Z Board Staff Report
Goodison Park Estates Plat
Page 8
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
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
Does not meet intent
X (Does not mall)/with elimination of sidewalk)
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
Meets intent of standard
Does not meet intent
X
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that
the widening or modification will be detrimental and result in a degradation of
the neighborhood, the project shall not be permitted.
Not applicable X
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be
planned in a manner which is consistent with adjacent development regardless
of zoning designations.
Not applicable
Meets intent of standard
Does not meet intent
X
P&Z Board Staff Report "'"
Goodison Park Estates Plat
Page 9
Vacant property shall be developed in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable
physical considerations; complementary to adjacent land uses; and fulfills
remaining land use needs.
Not applicable
Meets intent of standard
Does not meet intent
X
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
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
Does not meet intent
X
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 infiil
projects having fewer than 25 units.
Not applicable X
Meets intent of standard
Does not meet intent
P&Z Board Staff Report '";"'* "-."'
Goodison Park Estates Plat
Page 10
The following comments must be addressed prior to scheduling the plat for City
Commission:
Planning & Zoning Department Comments:
1. Provide "Reviewing Surveyor Statement" to read: This is to certify that the
undersigned Professional Surveyor and Mapper, under contract with the
City of Delray Beach, Florida, has reviewed this plat of the Goodison Park
Estates, as required by Chapter 177.081 (1), Florida Statutes, and finds that
it complies with all the requirements of Chapter 177, Part I, Florida Statutes.
2. Change name of plat to "Goodison Park Estates" in City Approval signature
block.
3. Change 'i-rtle Certification language to reflect that there are existing
encumbrances.
4. Change line weight of Coastal Construction Line, so that it is not confused
with a lot line.
5. Change name to Director of Environmental Services, in signature block.
6. Remove Director of Parks & Recreation from signature block.
7. Modify 5-foot "Limited Access Easement" to "Non-Vehicular Access
Easement" (showing no width), and provide the following language in the
dedication statement "Non-Vehicular Access Easement is made to the City
of Delray Beach for the purpose of prohibiting vehicular access across said
easement."
8. Provide "street tree plan", on a separate exhibit, which indicates tree
specifications and planting details.
9. Provide "street light plan", on a separate exhibit, which indicates type of
street lights, and identifies the responsibility for installation and
maintenance.
10.Add "without recourse to the City of Delray Beach, Florida." to the end of
the dedication statement for 30-foot Access Tract.
11. Change Name of Access Tract to Tract "A".
12. Provide Legend for all symbols, as per FS 177.091 (29).
13. Provide label for area of each lot.
14.Add seal area for Mortgagee Consent.
15. Tie Plat to Section Comer.
P&Z Board Staff Report
Goodison Park Estates Plat
Page 11
16. City has not received responses from utility companies conceming the
necessary easements. The plat cannot proceed to City Commission until
the responses have been received.
17. Pedestrian cross-walk w~ require permits from the "Department ~)f
Environmental Protection at time of construction.
18. Scale is only stated graphically. Indicate scale numerically (1" = 30'), as per
FS 177.091(4).
19. Provide North arrow on location map.
20. Provide copy of HOA documents.
21.As there are existing structures crossing proposed lot lines, a Unity of Title
agreement (form provided by City), will need to be executed by owners of
the property before the plat can proceed to City Commission. If the plat is
approved, the Unity of Title will recorded concurrently with said plat.
However, if the existing structures are demolished before proceeding to City
Commission, the Unity of Title will not be necessary.
.Environmental Services Department Comments:
Final Engineering Comments:
Engineering Technical Comments: '
1. Provide cleanout at property line. Indicate sewer lateral as private.
2. Indicate location of existing water service for lot 3.
3. Provide traffic control at egress drive.
4. Indicate lot grading for individual lots.
5. Provide FDOT driveway, drainage and utility permit. The City must sign the
utility permit application. A hold harmless agreement is required pdor to the
City's execution of the utility permit application.
6. Provide HRS permit for water main extension.
7. Water main is to be 8 inch in diameter and a fire hydrant is to be located
adjacent to the proposed road per the fire department's direction.
8. Provide note that the water meter sizes are to be determined upon building
permit application by the City of Delray Beach Utility Department. Remove
1" meter size references. Indicate if individual irrigation meters will be
provided to the lots.
9. Indicate slopes and swale inverts on section B. Should pedestrian
easement be level?
10. Eliminate the Palm Beach County typical water service detail in lower left
comer of sheet 3 of 3.
"'.*i*i~*,
P&Z Board Staff Report "
Goodison Park Estates Plat
Page 12
Plat Comments:
1. Add reviewing surveyor statement. AppliCant is responsible to have plat
reviewed by surveyor unde~contract with City of Delray' Be~ch. Plat will r{ot
be forwarded to corflmission for approval until it is signed off by reviewing
surveyor.
2. Tie plat to section comer.
3. Correct typo in surveyor's certificate '...have been places..."
4. Surveyor's note #3 should refer to City not County.
5. Will FPL easement at North property line be abandoned?
6. Provide 10' easement to home owners association over sewer lateral.
.Fire Department Comments:
1. Provide Cul-de-sac tumaround at dead-end of private road.
DEL-HAVEN
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MAP RE~': LIdS91
...u: .^...o.., o,
FROM: DAN MARFINO, PRINCIPAL PLANNER/~
SUBJECT: MEETING OF JUNE 4, 2002 *CONSENT AGENDA*~
ABANDONMENT OF A PORTION OF THE S.E. 7TM AVENUE RIGHT-OF-WAY, LYING
NORTH OF S.E. 5TM STREET, AND ACCEPTANCE OF AN ADDITIONAL 10-FEET OF
RIGHT-OF-WAY.
BACKGROUND , I
The request involves the abandonment of a 20' by 73.68' portion of the SE 7TM Avenue right-of-way,
directly adjacent to Lot 10.3 (a metes and bounds parcel of the original Lot 10, Block 1, Plat of Osceola
Park). This portion of S.E. 7th Avenue was dedicated with the recordation of a quit-claim deed dated
January 23, 1969 (Official Records Book 1699, Page 1400) and contains 1,478 square feet (0.034
acres). The abandonment represents % of the 40-foot right-of-way for S.E. 7th Avenue in this area,
The abandonment request was submitted by Robert Woodfin, the owner of Lot 10.3 (directly adjacent to
the east). Mr. Woodfin, who also owns the parcel on the west side of SE 7th Avenue, has also proposed
to dedicate a 10' x 73.68' parcel along the west side of the existing right-of-way, predicated on the idea
that future acquisition of property on the west side for future ROW would be less expensive than property
on the east side (east side has Intracoastal frontage). The resulting right-of-way would be 30-feet wide.
PLANNING & ZONING BOARD CONSIDERATION
At its meeting of March 18, 2002, the Planning and Zoning Board considered the request at a public
hearing. One person, Charlie Anderson, spoke in favor of the abandonment. After reviewing the staff
report and a lengthy discussion, the Board voted 4 to 1 to recommend approval of the abandonment of
only the east 10-feet of the requested abandonment area (Peltzie dissenting, Morris & Randolph absent),
subject to the condition that a utility easement be retained over the full length and width of the
abandonment area.
PREVIOUS CITY COMMISSION CONSIDERATION
At its meeting of April 2, 2002, the City Commission considered the request as a Regular Agenda item.
After reviewing the staff report and discussion, the Commission voted 5 to 0 not to approve the action
before the Commission, which was abandonment of only the east 10-feet of the 20-feet requested. The
Commission directed staff to bring the action back before the Commission in the form of the applicant's
odginal request (abandonment of the entire east 20-feet, and dedication of an additional 10-feet of ROW
on the west side of SE 7th Avenue). The modified action will require an executed right-of-way deed for
the additional 10-feet of right-of-way, on the west side of SE 7th Avenue. The applicant has provided the
executed deed, and if this action is approved, it will be recorded concurrently with the official
abandonment resolution.
I RECOMMENDED ACTION I
By motion, approve the abandonment of the east 20-feet of the SE 7th Avenue right-of-way adjacent to
Lot 10.3, reserve a general utility easement over the entire abandonment area to cover the existing
utilities, and accept a right-of way deed for the dedication of an additional 10-feet of right-of-way on the
west side of the SE 7th Avenue right-of-way, based upon positive findings with respect to LDR Section
2.4.6(O)(5).
Attachments:
· Abandonment Resolution
· Right-of-Way Deed
· P & Z Staff Report of March 18, 2001
S:i P&Z~boards~citycommissiontSE7AveAban2. doc
RESOLUTION NO. 36-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF S.E. 7TM AVENUE RIGHT-
OF-WAY ~, LYING NORTH OF S.E. 5TM STREET, AS
MORE PARTICULARLY DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CITY A UTILITY
EASEMENT OVER THE ENTIRE AREA THEREOF, AS
MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of S.E. 7th Avenue Right-of-Way (ROW), as more particu!~rly described
herein; and
WHEREAS, said application for abandonment of a general public right-of-way was
processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on March 18,
2002, and voted 4 to 1 to recommend approval of the abandonment, based upon positive findings
with respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement
be retained over the entire area; and
WHEREAS, as a condition of the abandonment of the area described below, the
cants a e cate ........ ~.v~..% ....... y ..... s ........................... ~ ......
~, ~ n a m~_~. I ~c .[~ m~. ~c ~ .... ~ n~_~. ~e area described ~ ExMbit "A" to ~e Ci~ for
~hway p~oses; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its
interest in the described property is no longer needed for the public good and deems it to be in the
best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon
positive findings pursuant to LDR Section 2.4.6(0)(5), but does not abandon and retains and
reserves unto itself a utility easement over the entire area thereof, as more particularly described
herein, for the purpose of emergency access and constructing and/or maintaining, either over or
under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for
various public utilities whether owned by the City or private corporations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
RES. NO. 36-02
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all
right and interest it holds to the following real property for right-of-way purposes only, but does not
abandon and retains and reserves unto itself a utility easement over the entire area thereof, for the
purpose of emergency access and constructing and/or maintaining, either over or under, the surface
poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities
whether owned by the City or private corporations, more particularly described as follows:
THE EAST 20 FEET OF THE WEST 82.74 FEET OF THE
FOLLOWING DESCRIBED PROPERTY:
THE SOUTH HALF OF LOT 10, LESS THE WEST 244.86 FEET
THEREOF, BLOCK 1, OSCEOLA PARK, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3,
PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
Containing 1,474 square feet, more or less.
Section 2. As a condition of the abandoment of the property described above,
the property described in Exhibit "A" shall be dedicated to the City for right-of-way purposes.
PASSED AND ADOPTED in regaflar session on this the __
day of
2002.
ATTEST:
MAYOR
City Clerk
RES. NO. 36-02
EXHIBIT "A"
LEGAL DESCRIPTION
THE EAST 10 FEET OF THE WEST 42.74 FEET OF THE
FOLLOWING DESCRIBED PROPERTY:
THE SOUTH HALF OF LOT 10, LESS THE WEST 244.86 FEET
THEREOF, BLOCK 1, OSCEOLA PARK ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 2 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
RES. NO. 36-02
CITY OF DELRAY BEACH
PLANNING AND ZONING BOARD
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
---STAFF REPORT---
March 18, 2002
IV.B.
Abandonment of a Portion of,S.F. 7th Avenue (20'×73.68,); Lying
North of S.E. 5th Street. '
Owner ....................................... General Public
Applicant ...........
, · ............ ' .......... Robert J. Woodfin
~*~u, ........................................ Beril Kruger Planning &
Zoning Consultants
Location .................................... Portion of S.E. 7th
Avenue, lying north of
S.E. 5th Street
Property S' '-
~z ............................. 0.034 Acre
Existing :l .
.... U.M. Designation.. Low Density (0-5
d.u./acre)
Current Zoning ......................... R-l-AA (Single Family
Residential)
Existing Land Use .................... Unimproved right-of-way
Proposed Land Use ................. Abandonment of a
20'x73.68' portion of S.E.
7th Avenue to be
inco,"porated into adjacent
property.
Sewer S_,
40'
t LD7
S.£. 5'i'~- ST.
--45'-
LOT
~.1
LOT
9.5
LOT
10.2
10.3
N
IV.B.
Planning and Zoning Boar Staff Report
S .E. 7tn Avenue Right-of-way Abandonment
Page 2
7t~ Avenue is considerably less expensive (as it does not front on the Intracoastal
Waterway).
The modified request was discussed at numerous DSMG meetings, with the end
result being the same at each, reaffirming the original recommendation of the
abandonment of only the east 10-feet of the requested abandonment area. This
decision is based on the fact that the City will not need to purchase additional
right-of-way from properties on the east side of SE 7th Avenue, with the exception
of Lot 10.2. Right-of-way can be obtained from Lots 9.1 and 9.5, as these
parcels are redeveloped. As the right-of-way was not obtained from Lot 10.2 with
its redevelopment in June of 2001 this portion of SE 7~ Avenue would -qeed to
be purchased. '
The abandonment request was submitted by Robert Woodfin, the owner of the
lot directly to the east (Lot 10.3). Mr. Woodfin's mother, Louise A. Woodfin (now
deceased), originally executed the above referenced deed which dedicated the
subject area as right-of-way.
Distribution of Right-of-way.
Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned
(returned) to the adjacent property to the same degree in which it was originally
obtained, i.e. property dedicated exclusively from a single parcel shall be
returned to that parcel; property dedicated through subd/vision shall be d/vided at
the center line and returned equally to abutting parcels.
Accordingly, the applicant, being the fee-simple owner of the lot directly adjacent
to the east (425 S.E. 7th Avenue, Property Control Number: 12-43-46-21-01-001_
0103), and being a direct heir to Louise A. Woodfin, whom originally dedicated
the subject right-of-way, is entitled to the entire abandonment area.
_Utility Services
No municipal water or sewer lines are currently located in the proposed
abandonment area.
Adlephia Cable has identified underground facilities in the subject right-of-way,
and is requesting a replacement utility easement or relocation of existing
facilities.
The Florida Public Utilities Company, Florida Power & Light and BellSouth have
also reviewed the requested abandonment, and have no objections· The City's
Fire Department has also reviewed the request and has no objection to the
abandonment
REQUIRED FINDINGS
Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment
being approved, the following findings must be made:
Plann!~ng and Zoning Board Staff Report '
S.E. 7 Avenue Right-of-way Abandonment
Page 4
ASSESSMENT
As the remaining portion of S.E. 7th Avenue between S.E. 4th Street and S.E. 5t.h
Street, has substandard width of 20-feet, and it unrealistic to believe' ar~
additional 20-feet of right-of-way can be acquired, the intended 'use of the subject
abandonment area is limited. It is, however, realistic to obtain an additional 10-
feet of right-of-way, north of the subject area. The resulting 30-foot wide right-of-
way, while still substandard, would be better able to handle two-way traffic.
While recent construction on Parcel 10.2 will prevent the City from obtaining
additional right-of-way in front of this parcel through redevelopment, the-ability to
obtain right-of-way through redevelopment of Parcels 9.1 and 9.5 is still
plausible. Given this situation, staff recommends abandonment of the east 10-
feet of the proposed abandonment area, and pursue additional right-of-way on
the east side of SE 7th Avenue, as the situation warrants.
AL;I t::i~NATIVE ACTIONS .i
Continue with direction.
Recommend to the City Commission approval of the abandonment of the
east 10' x 73.68' described portion of S.E. 7th Avenue right-of-way (directly to
the north of S.E. 5th Street), based upon positive findings with respect to LDR
Section 2.4.6(0)(5), subject to the following conditions:
1. The disposition of all utilities is satisfactorily addressed through the
provision of replacement easements or relocation of existing
facilities.
C. Recommend to the City Commission approval of the abandonment of the
east 20-feet of the proposed abandonment area, subject to the condition that
the applicant dedicate an additional 10-foot strip of right-of-way (from parcel
10.1), based on positive findings with respect to LDR Section 2.4.6(0)(5).
D. Recommend to the City Commission denial of the abandonment based upon
a failure to make positive findings with respect to LDR Section 2.4.6(0)(5).
RECOMMENDED ACTION
By motion, recommend to the City Commission approval of the abandonment of
the east 10' x 73.68' described portion of S.E. 7th Avenue right-of-way (directly to
the north of S.E. 5th Street), based upon positive findings with respect to LDR
Section 2.4.6(0)(5), subject to the following conditions:
1. The disposition of all utilities is satisfactorily addressed through the.
provision of replacement easements or relocation of existing facilities.
$.E. 3RD ST.
~L ~ <
O
S.E. 4TH
I ~ WOMEN'S
> I
S.E. 6TH ST.
[ ~A RR TON
~ -- ~ APT
: ~ CONDOS
S.E. 7~ ST.
~ -- ABAnDOnMENT -
ClW OF D~AY BEACH. FL PORTION OF S.E. 7TH AVENUE
PLANNING ~ Z~ING DEPAR~ENT
117
- AREA TO BE ABANDC~NED - ~
?rc'~red by: RETUR.N
R. Brian Shun, Esq.
Cit3' Attorney's Office
200 N.W 1" Avenue
Deir~y Beach, Florida 33~.~,~,
RIGHT-OF-WAY DEED
THIS INrDENTUI>,E made this ._.~__?~ day of April , 2002, between
Robert J. Woodfin , with a mailing address of 425 S.E. 7th Ave.
Delray Beach. Florida 33483 as party of the first part and CITY OF DELRAY
BEACH, FLORIDA, a Flohda municipal corporation ,adth a mailing address of 100 N.W. l ~
Avenue, Delray Beach, Florida 33444, as party of the second part,
WI~SSETH:
That said party of the first part, for and in consideration of the mutual promises herein
contained and other good and valuable consideration, does hereby grant, remise, release, quit
claim and convey unto the party of the second part, its successors and assigns, all fight, title,
interest, claim and demand which the party of the first part has in and to the following-described
land. situate, lying and being in the County of Palm Bear:h, State of Florida, to-wit:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of giving and granting to the party of the second part,
its successors and assigns, a right-of-way and easement in and to said lands for public highway,
street, and public utility purposes; and is made, executed and delivered with the express
understanding and condition that should the same ever be discontinued or abandoned as a public
highway or street, the title to same shall thereupon revert to and revest in the party of the first
part or assig-ns.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. The party of the first pan a~ees to provide for the release of any and all
mortgages or liens encumbering this fight-of-way. The pm'ty of the first part also agrees to erect
no building or effect an3' other ldnd of construction or improvements upon the above-described
property.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the laaff-ul claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authorit3, to grant the above-described right-of-way and that the same is
unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall
include the successors or assigns of the parties.
TO HAVE AND TO HOLD THE SAM~, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, fight,
title, interest, and claim whatsoever of the said party of the first part, in law or in equity t6 the
only proper use, benefit, and behalf of the said party of the second par~, its successors and
assigns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal
the date first above written.
~rlTNESS:
(Name printed or typed)
PARTY OF THE FIRST PART
Robert J. Woodfin "'
(Name printed or typed)
(Name printed o~ typed)
425 S.E. 7th Ave. Delra¥ Beach, FL 33483
(Address)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me an officer duly authorized in the county and
state 'aforesaid to take aclmowled~m'nents, personally appeared Robert d. Woodfin
who executed the foregoing document and he aclmowledged before me that he executed same.
WITNESS my hand and official seal in thc county and state aforesaid this
April , 2002.
~'. =- day of
Signature ofPerson/2aking Acknowled_ma'~znt
Name Typed, Printed or Stamped
?~.*:.-..~-% Carol ~. Priest
.-..
:. :.. ~?.... , :~.::*= MY COMMISSIONMay 26 # CC8255242005 FXPIR r"~
'., .~...,~,' BONDED THIE'U T~og ~AIN ~NSU~ANT.£ IN~.
EXHIB IT "A"
LEGAL DESCRIPTION
THE EAST 10 FEET OF THE WEST 42.74 FEET OF THE
FOLLOWING DESCRIBED PROPERTY:
THE SOUTH HALF OF LOT 10, LESS THE WEST 244.86
FEET THEREOF, BLOCK 1, OSCEOLA PARK
ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 3, PAGE2 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY GOMMISSIONERS
CITY MANAGE R~
AGENDA ITEM "(~Q-~ - REGULAR MEETING OF JUNE 4, 2002
RESOLUTION NO. 46-02
DATE: MAY 31, 2002
This is a resolution assessing costs for abatemem action required for the emergency board-up of an unsafe
structure located at 24 N.W. 7~ Avenue.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessment remains unpaid.
Recommend approval of Resolution No. 46-02.
Agmemoboardup_Res.No. 46-02
· .~SOLDT?0N NO. 4 $- 02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS",
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELEAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN
UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE
AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations, declared
the existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for violation
of the building codes and building requirements adopted by Article 7.8 and
those Codes adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined that
an unsafe building existed in accordance with the standards set forth in
Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the
respective owner(s) of the land(s) described in the attached list with
written notice of unsafe building and detailed report of conditions and
notice to vacate as the Building Official determined that the building was
manifestly unsafe and is considered a hazard to life and public welfare
pursuant to Article 7.8 of the Land Development Regulations, describing the
nature of the violations and sent notices that the building was to be vacated
and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the
Building Official determines, said notice also advised that all appeals must
be filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the Building
Official would have the authority to have the building demolished from the
date of the said notice; and,
WHEREAS, all the notice requirements contained within Article 7.8
have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals or
corrective action was undertaken in accordance with the order of the Chief
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said condition as aforesaid, said report indicating the costs per
parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant
to Article 7.8 of the Land Development Regulations desires to assess the cost
of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That assessments in the amount of
as shown by the
report of the City Manager of the City of Delray a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amount(s) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel(s) of land described in said report, of the same
nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to in~uediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such ownership
appears upon the records of the County Tax A~sessor, notice(s) that the City
Commission of the City of Delray Beach has levied an assessment against said
property for the cost of abatement action regarding an unsafe building by the
thirty (30) days after the mailing date of said notice of assessment, after
which a lien shall be placed on said property, and interest will accrue at
Res. No. 46-02
the rate of six percent (6%) per annum, plus reasonable attorney's fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30)
days from the date of adoption and the assessment(s) contained herein shall
become due and payable thirty (30) days after the mailing date of the notice
of said assessment(s), after which a lien shall be placed on said
property(s), and interest shall accrue at the rate of six percent (6%) per
annum plus reasonable attorney's fee and other costs of collection.
Section 5. That in the event that payment has not been received by
the City Clerk within thirty (30) days after the mailing date of the notice
of a~sessment, the City Clerk is hereby directed to record a certified copy
of this resolution in the public records of Palm Beach County, Florida, and
upon the date and time of recording of the certified copy of this resolution
a lien shall become effective on the subject property which shall secure the
cost of abatement, interest at the rate of 6%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the · 2002.
day of
ATTEST:
MAYOR
City Clerk
Res. No. 46-02
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO:
JOSEPH P. CADET
MAILING ADDRESS:
PROPERTY ADDRESS:
734 BELVEDERE ROAD
WEST PALM BEACH, FL 33405
24 N.W. 7TM AVENUE
LEGAL DESCRIPTION: LOT 17, BLOCK 4, MONROE ACCORDING TO PLAT
BOOK 14, PAGE 67 OF TI-IE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised that a cost of $ 939.11 by resolution of the City Commission of the City
of Delray Beach, Florida, dated has been levied against the above
described property.
The costs were incurred as a result of an abatement action regarding the above described
property. You were given notice on that the Chief Building official had
determined that a building/structure located on the above described property was unsafe.
You were advised in that notice of the action that would be taken to remedy that unsafe
condition and that the action would be initiated by the city if you failed to act.
X You failed to appeal the decision of the chief Building Official to the Board
of Construction Appeals although you were informed of your right to an appeal and of
the procedures for obtaining an appeal. You have also failed to take the corrective action
required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction
upheld the decision of the Chief Building Official.
Res. No. 46-02
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on March 6~ 2002
at a cost of $ 939.11 which includes a ten percent (10%) administrative fee. If you fail
to pay this cost within thirty (30) days, that cost plus additional administrative and
recording costs shall be recorded in the official Records of Palm Beach County, Florida
against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
Res. No. 46-02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY _GO~IISSIO~
CITY MANAGER ~!
AGENDAITEM · ~) - REGULAR MEETING OF
RESOLUTION NO. 47-02
DATE: May 31, 2002
JUNE 4, 2002
This is a resolution assessing costs for abatement action required for the emergency board-up of an unsafe
structure located at 115 N.W. 42 Avenue.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessmem remains unpaid.
Recommend approval of Resolution No. 47-02.
Agmemoboardup. Res.No. 47-02
I~SOLUTZON NO. 47-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS",
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN
UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUB DATE
AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations, declared
the existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for violation
of the building codes and building requirements adopted by Article 7.8 and
those Codes adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.B of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined that
an unsafe building existed in accordance with the standards set forth in
Article 7.8 and/or'Chapter 96 of the Code of Ordinances, and did furnish the
respective owner(s) of the land(s) described in the attached list with
written notice of unsafe building and detailed report of conditions and
notice to vacate as the Building Official determined that the building was
manifestly unsafe and is considered a hazard to life and public welfare
pursuant to Article 7.8 of the Land Development Regulations, describing the
nature of the violations and sent notices that the building was to be vacated
and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the
Building Official determines, said notice also advised that all appeals must
be filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the Building
Official would have the authority to have the building demolished from the
date of the said notice; and,
WHEREAS, all the notice requirements contained within Article 7.8
have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals or
corrective action was undertaken in accordance with the order of the Chief
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said condition as aforesaid, said report indicating the costs per
parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant
to Article 7.8 of the Land Development Regulations desires to assess the cost
of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That assessments in the amount of
as shown by the
report of the City Manager of the City of Delray a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amount(s) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel(s) of land described in said report, of the same
nature and to the same extent as the-lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such ownership
appears upon the records of the County Tax Assessor, notice(s) that the City
Commission of the City of Delray Beach has levied an assessment against said
property for the cost of abatement action regarding an unsafe building by the
thirty (30) days after the mailing date of said notice of assessment, after
which a lien shall be placed on said property, and interest will accrue at
Res. No. 47-02
the rate of six percent (6%) per annum, plus reasonable attorney's fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30)
days from the date of adoption and the assessment(s) contained herein shall
become due and payable thirty (30) days after the mailing date of the notice
of said assessment(s), after which a lien shall be placed on said
property(s), and interest shall accrue at the rate of six percent (6%) per
annum plus reasonable attorney's fee and other costs of collection.
Section 5. That in the event that payment has not been received by
the City Clerk within thirty (30) days after the mailing date of the notice
of assessment, the City Clerk is hereby directed to record a certified copy
of this resolution in the public records of Palm Beach County, Florida, and
upon the date and time of recording of the certified copy of this resolution
a lien shall become effective on the subject property which shall secure the
cost of abatement, interest at the rate of 6%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the day of
· 2002.
ATTEST .'
MAYOR
City 'Clerk
Res. No. 47-02
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO:
WILLIAM RANDOLPH AND SUZETTE FRANKLIN
MAILING ADDRESS:
PROPERTY ADDRESS:
101 RUTLEDGE COURT SOUTH
MATAWAN, NJ 07747
115 NW 4TM AVENUE
LEGAL DESCRIPTION: LOT 5, BLOCK 35, TOWN OF LINTON ACCORDING TO
PLAT BOOK 1, PAGE 3 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised that a cost of $1,525.89 by resolution of the City Commission of the
City of Delray Beach, Florida, dated ,2002 has been levied against the
above described property.
The costs were incurred as a result of an abatement action regarding the above described
property. You were given notice on March 14, 2002 that the Chief Building official had
determined that a building/structure located on the above described property was unsafe.
You were advised in that notice of the action that would be taken to remedy that unsafe
condition and that the action would be initiated by the city if you failed to act.
__X You failed to appeal the decision of the chief Building Official to the Board
of Construction Appeals although you were informed of your right to an appeal and of
the procedures for obtaining an appeal. You have also failed to take the corrective action
required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction
upheld the decision of the Chief Building Official.
4
Res. No. 47-02
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on April 9~ 2002 at a cost of
$1~525.89 which includes a ten percent (10%) administrative fee. If you fail to pay this
cost within thirty (30) days, that cost plus additional administrative and recording costs
shall be recorded in the official Records of Palm Beach County, Florida against the above
described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
Res. No. 47-02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE R ~
AGENDAITEM ~- REGULAR MEETING OF JUNE 4, 2002
RESOLUTION NO 48-02.
DATE: MAY 31, 2002
This is a resolution assessing costs for abatement action required to remove nuisances on twelve (12))
properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against
the properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 48-02.
AgmemoCE.Res.No. 48-02
RESOLUTION NO. 48-02
A P~SOL~TZON OF TH~ CITY COMMISSION OF T~ CITY OF DELRAY B~ACH,
FLORIDA, P~~ ~ ~R 100 OF ~ CODE OF O~Z~CES OF ~
CI~ OF DEL~Y B~, ~SESSI~ ~STS FO~ ~TZ~ ~IS~8 ~ON
~RTAIN ~(S) ~~ ~IN ~ CI~ OF DE~Y B~ ~ PRO~DING
~T A NOTI~ OF LI~ S~L AC~~ ~ ~TI~ OF
B~ ~ A~-&u~ ~8TS ZN~ BY ~ CZ~ ~ AC~LISH
PR~D~g ~ ~ ~~ ~TE ~ FOR A D~ DATE ~ Z~ST ON
ABSES~B~ PR~D~ FOR ~ ~CO~INg OF ~IS ~SOL~ION, - ~
DEC~I~ S~D L~ ~ BE A LI~ ~ ~ ~~ PROPER~ FOR ~D
WHIRIAB, tho Cik~ Man·gar or his designated represent·rive has, pursuant to
Chapter 100 o£ the Code of Ordinances, declared the existence of · nuisance upon
cart·in lots or parcels of land, described in the list attached hereto and mds· part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances! and,
WHERRAH, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s) and has determLned that · nuisance existed in
accordance with the standards set forth An Chapter 100 of the Code of Ordinances, and
did £urllish the respective owner(s) of the land(s) described in the ·tt&ched list with
written notice of public au/sa·ce pursu·nt to Sections 100.20, 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance(s) and gent notice that within
ton (10) days fr~ tho date of said notice forty-two (42) days in the case of violation
of Section 100.04 pertaining to seawalls) they must abate s·id nuisance, or file ·
written request for · hearing to review ~he decision that · nuisance existed within ten
(10) days fr~n the date of said notice, failing which the City of Delra¥ Beach would
proceed to correct this condition b~ abat£ng such nuisance, and that ~he cost thereof
would be XevAed as an assessment against said property; and,
WHIRIAS, tho property owner(s) named in the list attached hereto and made a
part hereof d~d fail and neglect to abate the nuiso~ce(s) existing upon their
respective lands or to properly request · hearing pursuant to Section 100.21 and 100.22
within the t~mo l~n/ts prescribed in said notice and chapter 100 of tho Code of
Ordinances, or if tho property owner(s) did request and receive · hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) within the tLne
designated at the hearing where~n · decision vas rendered adverse to the property
or·er(s); and,
WHBRF~8, the City of lMXray Beach, ~h-ough t~o CitT Ad~Ln/stration or much
agate or contractors ~rod ~ ~ Ci~ ~otrati~ wa~ ~ero~ore re.ired to ~d
~d ~tor u~n ~e l~(I) ~lcr~ In the lilt attached ~d mdo a part horeo~ ~d
~ncurrod coots ~ ~t~ ~o o~oct nuis~co(s) ~s~ng ~ereon as descried ~n the
no,Ace; ~,
~, ~o CLt~ ~ager o~ tho CLty o~ hlra~ Beach hs, pursuit to
Chptor ~00 o~ tho Code o~ Or~n~cos of the CL~ o~ Dolra~ Beach, a~ttod to the
City ~4ssion a report of the costs incurred in abating said nuisance(s) as
aforesaid, said report ~ndicating the costs per parcel of ~and involved~ and,
Chapter 100 of the Code of Ordinances desires to assess the cost of laid nuisance(s)
Bection 1. That assesmn&uts in the individual amounts as ihown by the
abating the aforesaid nuisances upon the lots or parcels of land described in said
report, a copy of which il attached hereto and mede a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the amount(s) indicated
thereon. Said assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Sec. 3, become a lien upon the respective lots and
parcel(s) of land described in said report, of the sm nature and to the sane extent
as the lien for general city taxes and shall be collectible in the lame manner as
mortgages and foreclosures are under state law.
upon the property against which said assessments are levied.
directed to immediately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Jmsessor, notice(s) that the
City C~ .... ~ssion of the City of Delrey Beach on the has
levied an assesmnent against said property for the cost of abatement of said nuisance
by the City, and that said assesmnt il due ~nd payable within thirty (30) days after
the mailing date of laid notice of assessment, after which a lien Ihall be placed on
laid property, and interest will accrue at the rate of 8% per -~um, plus reasonable
attoraey's fees and other costs of collecting said s,-~-. & NotAte of Lien shall he
mailed, along with the ~otAce of ~ssessment and this resolution.
Section 4. That this resolution shall become effective fJmirty (30) days
£rom the date of adoption and ~he assesrment(s) contained herein shall become due and
payable thirty (30) days after the mailing date of the notice of laid assessment(s),
after which a Xi~ s~ll be placed on said proper~y(s), ~d interest s~ll acc~e at
the rate o~ eight (8) ~rc~t ~r ~ plus, if collection proceedings are socially,
~e costs of such p~ocee~ngs Ancl~ a reHo~le at~o~ey's fee.
Section 5. That in the event that pa~ment has not been received by tho City
Clerk within thArt~ (30) days after the mailing date of the notice of assessment, the
Cit~ Clerk is hereby directed to record a certified copy of this resolution in the
public records of PaLm Beach County, Florida, and upon the date and tame of recording
of the certified copy of this resolution · lien shall beco~e effective on the sub, oct
property which shall secure the cost of abatement, interest at the rate of 8%, and
collection costs including a reasonable atto~ney*s fee.
2
2002.
d~y
MAYOR
ATTEST
City Clerk
Res. No. 48-02
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELI=AY, LOT 20, BLOCK 41, PB 1, P 3, RUDOLPH LEMONT &
PUBLIC RECORDS OF PALM BEACH, FL DORIS LEMONT
(321 NW 3RD AVENUE) 321 NW 3RD AVENUE
PC # 12 43 46 16 01 041 0200 DELRAY BEACH, FL 33444
CUST ID # 394
$ 216.30
$ 55.00 ADM FEE
WINSTON COND, UNIT 1, PB 1, P 3, PUBLIC WYD CORP
RECORDS OF PALM BEACH COUNTY, FL 9716 COLOCASIA WAY
(137 SOUTH SWINTON AVENUE # 1) BOYNTON BEACH, FL 33436
PC # 12 43 46 16 70 000 0010
CUST ID # 8831 ~$ 200.85
I $ 55.00 ADM FEE
DOROTHY J. BUTLER &
MONROE SUB LOT 23, BLOCK 12, PB 14, P 67, PAUL JONES, JR
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1117 S.W. 8TH STREET I
NW 1ST STREET) DELRAY BEACH, FL 33444
(620
PC # 12 43 46 17 01 012 0230
CUST ID # 65
$ 73.63
$ 55.00 ADM FEE
TOURIST NOOK DELRAY, LOT 6, BLOCK A,
PB 11, P 47, PUBLIC RECORDS OF PALM ESTATE OF ORA WALLACE
BEACH COUNTY, FL & ELOISE HUNTER
(239 NW 10TH AVENUE) 121 NW 11TH AVENUE
PC # 12 43 46 17 25 001 0060 DELRAY BEACH, FL 33444
CUST ID # 6258 $ 189.50
$ 55.00 ADM FEE
SUB 17-4643 N 80 FT OF E 125 FT OF W 150 FT OF
S 1/2 OF N 1/2 OF LOT 6, PB 1, P 3, PUBLIC CARLTON NEWTON
RECORDS OF PALM BEACH COUNTY, FL 125 NW 12TH AVENUE
(125 NW 12TH AVENUE) DELRAY BEACH, FL 33444
PC # 12 43 46 17 42 006 0230
CUST ID # 9309 $ 65.90
$ 55.00ADM FEE
4
Res. No. 48-02
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
TOURIST NOOK DELI{AY, LOT 5, BLOCK A, [
PB 11, P 47, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL J. STEPHENSON &
(245 NW 10TH AVENUE) PEATROLIA STEPHENSON
PC # 12 43 46 17 25 001 0050 245 NW 10TH AVENUE
CUST ID # 8402 DELRAY BEACH, FL 33444 $ 74.90
$ 55.00 ADM FEE
TOWN OF DELPAY, N 50 FT OF S 356.4 FT OF
E 135 FT OF BLOCK 24, PB 1, P 3, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL ADELENE JENKINS
(322 SW 5TH AVENUE) PO BOX 1993
PC # 12 43 46 16 01 024 0040 DELRAY BEACH, FL 33447
CUST ID # 187
$ 74.90
! $ 55.00 ADM FEE
CARVER SQUARE, LOTS 26 & 27, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL E.D. DANIELS &
(717 SW 3RD STREET) ALBERTA DANIELS
PC # 12 43 46 17 31 000 0260 717 SW 3RD STREET
CUST ID # 9535 DELRAY BEACH, FL 33444 $ 194.90
$ 55.00 ADM FEE
ATLANTIC PARK GARDENS DELI=AY, LOT 16,
BLOCK 1, PB 14, P 56, PUBLIC RECORDS OF CUEVAS DOMINGO
PALM BEACH COUNTY, FL 511 NE 39TH STREET
(35 NW 13TH AVENUE) POMPANO BEACH, FL 33064
PC # 12 43 46 17 18 001 0160
CUST ID # 118 $ 58.18
$ 55.00 ADMFEE
SUB 17-46-43, W 135 FT (LESS N 80 FT, S 200 FT &
W 25 FT RD R/W) & S 50 FT OF N 180 FT OF PRIME PROPERTY
E 15 FT OF W 150 FT AS IN OR 6254, P 911, PB 3, P 1 OF PALM BEACHES, INC.
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 401 SVV 1ST COURT
(119 NW 12TH AVENUE) BOYNTON BEACH, FL 33435
PC # 12 43 46 17 42 006 0241
CUST ID # 9509 $ 58.18
$ 55.00 ADM FEE
Res. No. 48-02
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PINE TRAIL SEC 1, W 1/2 OF LOT 8, BLOCK 5,
PB 32, P 58, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL MAJEUR EXANTUS &
(4696 NW 6TH COURT) A. MARIE JEREMIE
PC # 12 42 46 12 07 003 0081 4696 NW 6TH COURT
iCUST ID # 9506 DELRAY BEACH, FL 33445 i $ 58.18
I $ 55.00 ADM FEE
TOURIST NOOK DELRAY, LOT 6, BLOCK A,
PB 11, P 47, PUBLIC RECORDS OF PALM ESTATE OF ORA WALLACE &
BEACH COUNTY, FL ELOISE HUNTER
(239 NW 10TH AVENUE) 121 NW 11TH AVENUE
PC # 12 43 46 17 25 001 0060 DELRAY BEACH, FL 33444
CUST ID # 6258 $ 189.00
$ 55.00 ADM FEE
VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
Res. No. 48-02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM <~-REGULAR MEETING OF MAY 7, 2002 DELRAY
BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST
DATE: MAY 3, 2002
This is before the Commission for approval of one (1) subsidy award to an eligible applicant/family
under the Delray Beach Renaissance Program for the following property:
* $25,000.00 for 206 S.W. 14~ Avenue
This is for acquisition rehabilitation. This subsidy brings the total to 143-homeowner assistance
grants provided under the City Renaissance Program.
Funding for the total amount of $25,000.00 for this subsidy award is available from 118-1924-554-
83.01 (SHIP Program).
Recommend approval of the funding subsidy under Delray Beach Renaissance Program as outlined
above.
S:\City Clerk\chevelle folder\agenda memos\Renaissance Program.06.04.02
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David Harden, City Manager
Kendra W. Graham, C. D. Specialist
Lula Butler, Community Improvement Director
May28,2002
Delray Beach Renaissance Program Subsidy Requests
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue a subsidy to one (1) eligible
applicant/family under the Delray Beach Renaissance Program. This subsidy brings the
total to 143 homeownership assistance grants provided under the city Renaissance
Program to date.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved
by the City Commission on January 23, 1996. In partnership with the Delray Beach
Community Development Corporation, the TED Center, the Community Redevelopment
Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta
and the Delray Beach Housing Authority, we committed to providing homeownership
opportunities to 80 homebuyers through new construction and acquisition rehab
beginning October 1, 1995 through September 30, 1998. The initial agreement was
extended for a term of one year in 1999 and 2000 by all parmers and the City
Commission. A new Memorandum of Understanding beginning October 1, 2001 through
September 30, 2004 was approved by all parties and the City Commission on February
19, 2002.
Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Program's partner and first
mortgage lender. The seminar includes training and information on financial planning,
credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a
comprehensive glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City
Attorney and requires the applicant to maintain ownership/residence for a specified
period according to the amount of the Grant. Grant amounts less than $15,000 per unit are
forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal
to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per
year for ten (10) years.
RECOMMENDATION
Staff is recommending City Commission approval to fund a subsidy for one (1) eligible
applicant/family of the following property:
Acquisition Rehabilitation 206 SW 14th Avenue $25,000
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
CENSUS TRACT 68.02
NAME Mr. Louis Edwards
PROPERTY ADDRESS
LEGAL DESCRPTION
Being Lt 2/Blk 3
206 SW 14th Avenue, Delra¥ Beach (12-43-46-17-19-003-0021)
Priests Add. To Atlantic Park Gardens N 55 Ft of S 553 Ft ofE ½ /
% OF AREA MEDIAN HOUSEHOLD INCOME 28%
FIRST MORTGAGE
RATE 6.50%
LTV 75.00%
PROJECT/SUBSIDY BREAKDOWN
COST OF CONSTRUCTION $ N/A
COST OF LOT $ N/A
COST OF EXISTING UNIT $ 76,000.00
Estimated Pre-paids (Lender 1003) $ 1,188.92
Estimated Closing Costs (Lender 1003) $ 3,121.20
TOTAL TRANSACTION: $ 80~310.12
FIRST MORTGAGE $ 57,000.00
TOTAL SUBS[DY $ 25,000.00
Second Mortgage $ 21,500.00
Developer's Fee $ 3,500.00
OTHER CREDITS
Estimated Cash To/From Borrower (Lender 1003)
$ 1,000.00
$ 810.12
NO. IN HOUSEHOLD 4__
(including rehabilitation cost)
Republic Bank
City of Delray Beach SHIP
Deposit
S.W. 3RD CT.
ATLANTIC
AVENUE
MINI PARKS
S.W. 1ST ST.
2ND
S.W. 3RD ST.
ST.
~.TH ST.
DELRA Y
FULL SER VICE
CENTER
S.W. 4TH ST.
CITY OF DELRAY BEACH, FL
PLANNING z., ZONING DEPARTMENT
2XX SOUTHWEST 14TH AVENUE
12-43-46-17-19-003-0021
-- 01¢11',~1. B/t$£ t,,~P $)~JEIlt -- MI~ REF: LM617
Agenda Item No.:
AGENDA REQUEST
Request to be placed on:
__ Regular Agenda
__ Special Agenda
__ Workshop Agenda
__ Consent Agenda
Date: May 28, 2002
When: June 4, 2002
Description of item:
Authorization and approval to issue a subsidy to one (1) eligible applicant under the
Delray Beach Renaissance Program totaling $25,000.00
Note: This applicant brings the total homeownership assistance grants provided under the
Renaissance Program to date to 143.
Recommendation:
Staff recommends approval of one (1) subsidy award. Funds are to be awarded from the
State Housing Initiatives Partnership (SHIP) Program.
SHIP Total: $25,000 Account Number: 118-1924-554.83-01
Department Head Signature: ~~:~t~~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: W_,.E_~NO
Funding Altematives: (if applicable)
AccountNo. &Description: l[ ~- Iq~&/- ~55-t4-g3.01 044aar~mrPrs
AccountBalance:~3% tOlt% 34 o~ t9~. 51;0~ /~. ' -~. 0'
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~-REGULAR MEETING OF JUNE 4~ 2002 GRANT
AWARDS FOR HOUSING REHABILITATION CONTRACTS
DATE: MAY 31, 2002
This is before the Commission to consider approval of the following housing rehabilitation
contracts:
· $20,842.50 to Craftsman Plus, Inc. for 30 S.W. 9~h Avenue
· $17,865.75 to South Florida Construction for 224 S.W. lffh Avenue
Funding for the total amount of $38,708.25 for these three grants is available from 118-1963-554-
49.19 (SHIP Housing Rehabilitation).
Recommend approval of the housing rehabilitation grant award contracts as outlined above.
S:\City Clerk\chevelle folder\agenda memos\CDBG Homing Rehab Award.06.04.02
City of Delray Beach Community Development Division
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Lula Butler, Director of Community Improvement
Kendra W. Graham, C.D. Specialist ~
May 28, 2002
Community Development Division Housing Rehabilitation Grant Award
ITEM BEFORE CITY COMMISSION
Approval is requested for two (2) Housing Rehabilitation grant awards to the lowest responsive
bidder(s). This request is in accordance with the City's Community Development Division's
approved Policies and Procedures.
BACKGROUND
The grant awards are based on the actual cost of the rehabilitation, as determined by the low
responsive bidder, plus a 5% contingency. The contingency may be used for change orders and
all unused funds will remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community Improvement' s Building Inspection
and Community Development Division. Contracts are executed between the building contractor
and the property owner. The City remains the agent and this office monitors all work performed
by the contractor, ensuring compliance according to specifications and program guidelines. Pay
request forms require both contractor and homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies and Procedures.
The rehabilitation activities will bring the homes to minimum code requirements by repairing the
roof, electric and plumbing systems and correcting other incipient code violations. Detailed
work write-ups and individual case files are available for review in the Community Development
Division Office.
The Community Development Division is responsible for ensuring that the housing rehabilitation
contracts are awarded to the lowest responsible bidder, as a result of a formal bid process.
Therefore, an in-house policy was created to limit awards to the lowest responsible bidder as it
relates to the Division's professional in-house estimate. This serves to disqualify unreasonably
low bids and therefore protect against the resulting change order requests. This policy further
assists the Division with its goal of completing each rehabilitation activity utilizing the estimated
amount of funding required.
RECOMMENDATION
Staff recommends awarding the bids for two (2) Housing Rehabilitation projects to the verified
responsible low bidder(s) and authorize awards in the following amounts:
Case Number Address Contractor Grant Amount
00-016 HR 30 SW 9th Avenue Craftsman Plus $20,842.50
00-021 HR 224 SW l0th Avenue South Florida Construction $17,865.75
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2002-23 CDBG
APPLICANT: Carrie Zeigler
PROJECT ADDRESS: 30 SW 9th Avenue
DATE OF BID LETTERS: May 2, 2002
DATE OF BID OPENING: May 16, 2002
NAME OF CONTRACTORS
ABISSET CORPORATION
ALPHA SOUTH CONSTRUCTION
CRAFTSMAN PLUS, INC.
DAKOTA CONSTRUCTION, INC.
WILLIAM HATCHER CONSTRUCTION
HENRY HAYWOOD
KONRADY CONSTRUCTION CO., INC.
HENRY HAYWOOD
HORIZON ROOFING
PRESTON CONSTRUCTION
SOUTH FLORIDA CONSTRUCTION
WRIGHT'S WAY ROOFING
IN-HOUSE ESTIMATE
AMOUNT OF BIDS
$ $19,850.00
$
$ $18,300.00
$
$ $18,647.00
CONTRACTOR AWARDED CONTRACT: Craftsman Plus~ Inc.
BID/CONTRACT AMOUNT: $19,850 bid/contract amount (+ 5% Contingency = $20,842.50)
FUNDING SOURCE: CDBG Housing Rehab. Program Account No. 118-1963-554-49.19
COMMENTS: According to the City of Delray Beach Community Development Division's Bid
Policy Statement, no contractor shall be awarded or have under construction more than three (3)
iobs at any one time. Low bidder~ South Florida Construction~ currently has three iobs
awarded/under construction~ therefore, award recommendation is for second lowest bidder.
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2002-23 CDBG
APPLICANT: Leroy Owens
PROJECT ADDRESS: 224 SW l0th Avenue
DATE OF BID LETTERS: May 2, 2002
DATE OF BID OPENING: May 16~ 2002
NAME OF CONTRACTORS
ABISSET CORPORATION
ALPHA SOUTH CONSTRUCTION
CRAFTSMAN PLUS, INC.
DAKOTA CONSTRUCTION, INC.
WILLIAM HATCHER CONSTRUCTION
HENRY HAYWOOD
KONRADY CONSTRUCTION CO., INC.
HENRY HAYWOOD
HORIZON ROOFING
PRESTON CONSTRUCTION
SOUTH FLORIDA CONSTRUCTION
WRIGHT'S WAY ROOFING
IN-HOUSE ESTIMATE
CONTRACTOR AWARDED CONTRACT:
AMOUNT OF BIDS
$ $20~365.00
$
$ $18~650.00
$.
$
$ $18~420.00
$.
$
$
$ $17~660.00
$ $17~015.00
$
$.
$.
$ $17~141.00
South Florida Construction
BID/CONTRACT AMOUNT: $17,015 bid/contract amount (+ 5% Contingency = $17,865.75)
FUNDING SOURCE: CDBG Housing Rehab. Program Account No. 118-1963-554-49.19
COMMENTS:
AGENDA REQUEST
Request to be placed on:
Regular Agenda
Special Agenda
Workshop Agenda
Consent Agenda
Date:
When:
May 28, 2002
June 4, 2002
Description of item (who, what, where, how much):
Case Number Address
Contractor
Grant Amount
00-016 HR
00-021 HR
30 SW 9th Avenue Craftsman Plus
224 SW l0th Avenue South Florida Construction
$20,842.50
$17,865.75
ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of two (2) Community Development Block
Grant (CDBG) Housing Rehabilitation Grants and Contract awards from Account 118-
1963-554-49.19 in the total amount of $38,708.25. These grant amounts includes a 5%
contingency.~/ ~...../~
Department Head Signature: //~lJ
City Attorney Review/Recommendation (if app]]cable):
Budget Director Review (required on all items involving expenditure of fimds):
Funding available: YES/NO
Funding Alternatives: .(if applicable)
Account No. &Description:
Account Balance: 41d-tgi.
City Manager Review:
Approved for agenda:~/NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~,
AGENDA ITEM 5~ ~-~ . REGULAR MEETING OF IUNE 4, 2002
CONTRACT ADDITION {C.O. #2)/COLONNA CONSTRUCTION CO.,
INC.
DATE: MAY 31, 2002
This is before the City Commission to approve a contract addition (C.O. #2) to the Community
Improvement Sidewalks project in the amount of $15,009.00 to Colonna Construction Co., Inc.. The
contract addition is for the construction of intersection modifications to reduce the severity of the
bump at N.E. 1" Street and N.E. 2"a Avenue.
Funding is available from 334-6111-519-65.12 (General Construction Fund/N.E. 2"a Avenue -
Pineapple Grove).
Recommend approval of the contract addition (C.O. #2) with Colonna Construction Co., Inc. for the
construction of intersection modifications.
S:\City Clerk\chevelle £older\agenda memos\Contract Addition. Colonna Construction Co., Inc.06.04.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D
U M
www. delrayesd, com
TO:
FROM:
DAVID HARDEN
City Manager
RAFAEL BALLESTERO
Deputy Director of Construction
SUBJECT:
COMMUNITY IMPROVEMENT SIDEWALKS (PN 2001-004)
Contract Addition for Pineapple Grove Way, NE 1 st St and NE 2nd Ave Intersection
Modifications.
DATE: MAY 14, 2002
Attached is an Agenda Request and related documentation for City Commission to approve a
Contract Addition (C.O. #2) to Colonna Construction Co. Inc. in the amount of $15,009.00 to
the Community Improvement Sidewalks project. This Contract Addition is for the construction
of Intersection Modifications at NE 1st St and NE 2nd Ave. ($15,009.00). This intersection
modification will reduce the severity of the bump at the intersection when traveling westbound on
NE 1st St.
Prices are commensurate with the work to be performed. Colonna Construction Co. Inc. has
successfully completed work of this nature for the City. Attached are copies of three quotes for this
work, with Colonna Construction as low bid.
Funding source is 334-6111-519-65.12, General Construction Fund /NE 2nd Ave - Pineapple
Grove.
Richard C. Hasko, P.E.; Director of Environmental Services
Randal Krejcarek; City Engineer
Project File 2001-004 (A)
City Clerk
Agenda File 5/21/02
$.. lEng,4dmin~Projectsl200112001 -O041CONSTRCT~co2mem-06. 04. 02.doc
MAY--09--02 03:02 PM COLOHHA ASPHALT
9545?08950
PROPOSAL
(954) 570-7191 ' Fax (954) 570-8930
Pineapple
A.~phal~ Re~or~ion,
~m 1201 S.W. 34th Avenue' Deerfield Beach, ~orida 33442
.. j~,~:': ~ ~ ~954) 570-7191. Fax (954) 57(
, '; Fr e Z-8 S-Co onn.
.........
~ S~VICE
hereby tq furntsh material arid labor- complete in accordance with specllicalion$ below, lot the sum of:
All work Io be compleled ill a Workmanlike
y'al[~f,tt~gn Or devialion from spedficallons be-
orders, and will become an extra
upan sbJkes, accidents or
and other necessa~ insurance, Our
insurance
fc the following:
Authorized
$ignalure
.ceil# 954-6i22~i
No{e this proposar maybe ' .:..
withdrawn by us if not accepted within
proposes to furnish al]
with new
"F" ,~urb
'50.LF Type "F"
curb
1,400.00'
340.
P.01
&Urb .,,
-- The atmve prices specificai~on, a
axe herebv ac~ ' [ ' , ' "nd
. . el) e~l. You are ~utl~rized lo do e w
maOe es ouU~ne~ abeve. In the event any liti~atk~h-,
Signature
Signature
COLOHHA ASPHALT
9545?08950
_PROPOSAL
Colonna
Asphalt Restoration, Inc,
120i S.W. 34th Avenue · Deerfield Beach, Florida 33442
(954) 570-7i91 · Fax (954) 570-8930
Toll Free 1-888-Colonna
PHONE
.lO, NAME
Ave, Pineapple Grov~ Way
JOB LOCATION
DATE OF PLANS
'~72'~rAL SERVICE bgF-f.
furnish maledal and labor- complete in accordance wilh specifications below, for the sum Of:
P.02
to be com~eled in a workmanlike
~.n.v 51'ler~,l~n or de¥ia~.;on h'om Specifications be-
~e~uled o~.[V'u~."WH~en ~ders, and will ~come an axlra
s ~nlin~ni u~n ~trikes. accidents et
LID car~ and O~et o~essa~ insurance. Our
Authorized
cell# 954-512-
Note this proposal may be
withdrawn by LiS If not accepted wlthio
'TOTAL
~11~"[1 ~ The above prices, specifications and
&ia h~lreby a~pt~, You are authorized to ~ the werk
~e as outlln~ a~e. In th~ event ~y }lligation ad~$ to p~ N[ c~u~ costs, includl~ allomey% rep.
336. O0
009. O0
Signature
$ignalure
@5/85/2002 10:54 56i-$@8-0ii8 ROSSO PAVING AND DRA PAGE 01
ROSSO PAVING & DRAINAGE, INC.
350 Martin La~ (561) 655~02811
W~t Palm Beth, FL 33413 Fax (561} 688-0118
May 6, 2009-
City of I~lray Beach
43~ $. Swinton Avenue
De, flay B~ ~ 33~4
A~: Victor
~: PINE~PLE GROVE WAY: NE 1~ S~ET ~ ~ 2~ A~
PROPOSAL
1. Mobilization and Survey:
2. ~ of Tra~c:
3. Adjust Inlet Tops:
4. Remove and Replaroe Type W'Curb:
$. Remove and Replace Header Curb:
6. Overbuild and Pave:
7. Remove and Dispose Paver Bricks:
8. Construct New Paver Brick Ramp:
9. Striping Thermo inchides RPM's:
10. Adjust Paver Walk 1 st Street:
11. Remove and Reset Pavers:
12. Remove and Reset Bench:
LS =$ 1,325.00
LS = $ 600.00
2 EA ~ $ 400.00 -- $ g00.00
80 LF (~ $ 28.00 = $ 2,240,00
25 LF (~ $ 34.00 = $ 850.00
131 SY ~ $ 15.00 = $ 1,965.00
168 SF ~ $ 3.00 = $ 504.00
168 SF ~ $ 9.50 = $ 1,596.00
LS $ 1,350.00
250 SF ~ $ 7.30 ~ $ 1,825.00
332 SF (~ $ 7.30= $ 2,423.60
IEA@$ 200.00--$ 200,00
05/06/2002 10:54
561-688-8118
ROSSO
PAVING AND DRA
PAGE
82
13. Place 6" x 8" Edger Curb:
14. Plac~ 6" x 24" Edger Curb:
TOTAL:
*SEE SPECIAL CONDTION SHEET
11 LF(~$
24.50 = $1,053.50
$17,073.10
NOTE: ROAD TO BE CLOSED AT NE IST STREET APPROXIMATELY 14~
NOTE: QUANTITIES TO BE FIELD MEASURED
Estimator
05/86/2082 18:54 561-688-0118
ROSSO PAVING AND DRA
PAGE
83
ROSSO PAVING & DRAINAGE, INC.
350 Martin Lane (561) 688-0288
West Palm Beach, FL 3341] Fax (561) 688-0118
PROIECT:
DATE:
~XCLUDES.
SPECIAL CONDmONS
I~CLUDES APPLICABLI~
Bon. d
Pcrm/t
Density Tests & P~octo~
Main~-mnc~ of Traffic
Survey, Layout, Rt~ord drawing
Claaring and Grubbing
Fill material on or off site
l~moval of unsuitable material:
muck cap rock
Stabilization
Concrete; sidewalk; curbing, gutter, etc.
Drainage, water & sewer
lm~atiou
Landscaping, sod scrod/mulch, no handwork
in planters
Striping
Liquidated damages
Note: Prices good for 60 days.
Chaz Equipment Co., Inc.
~.
-3380 Fairlane Fan~s Road, Suite 16
Wellington, FL 33414
PROPOSAL
Page No.
of 1
Pages
PROPOSAL SUBMITTED TO:
NAME City of Delray Beach %Mr. Randal Krecjarek JOB NAME Barron's Bump
STREET 434 S. Swinton Ave. STREET NE 2nd Ave/NE 1st St
CITY Delray Beach CITY Delray Beach
STATE FI
PHONE 561-333-2109 ]DATE 05/15/02
STATE FL
We hereby submit specifications and estimate for:
Construct all repairs to above referenced intersection per plan sheet I of 2 titled "Pineapple Grove Way NE 1st St/NE 2nd Ave Intersection Modifications" by
CDB Environmental Sewices Department dated April 2002.
We hereby propose to furnish labor and materials - complete in accordance with the above specifications, for the sum of
Seventeen-ttmusand seven-hundred tiff] and no/lO0 dollars ($ 17750.00 ) with payment to be made as follows:
All material is guaranteed to ~ as specified. All work to be completed in a workmanlike manner~ing to standard practices. Any alteration or
Authorized Signature
ACCEPTANCE OF PROPOSAL
The above prices, st~cifications and conditions are hereby accepted. You arc authorized !o do the work as specified. Payment wSll b¢ made
as outlined above.
AC~:
Signature
DATE Signature
Chaz Equipment Co., Inc.
'33~0 FairlanLFarms Road, Suite 16
Wellington, FL 33414
PROPOSAL
Page No. 1
of I Pages
NAME
PROPOSAL SUBMITTED TO:
City of Delray Beach %Mr. Randal Krecjarek
STREET 434 S. Swinton Ave.
PHONE 561-333-2109 IDATE 05115/02
JOB NAME NE 1st St/NE 2nd Ave Sidewalk MOdifications
STREET NE 2nd Ave/NE 1st St
CITY Delray Beach CITY Delray Beach
STATE
ISTATE FL
We hereby submit specifications and estimate for:
Construct all repairs to above referenced intersection per plan sheet 2 of 2 titled "Pineapple Grove Way NE 1st St/NE 2nd Ave Sidewalk Modifications" by
CDB Environmental Sentices Department dated Apd12002.
We hereby propose to furnish labor and materials - complete in accordance with the above specifications, for the sum of
Eight-thousaod fnte-hundred and no/t00 dollars ($ 8560.00 ) with payment to be made as follows:
All mal~ial is gum'antccd to be as specified. All work to bc complcUnl in a workmanlike m~acco~ng to standard practices. Any alteration or
from eov~ r~ir.~tiom invo~v~ ~xtra ~, win be ~x~a~ onty u~ ~ o~m, ~//~.~ ~. ~ ~h~ over ~ at~v~ t~
...ag~m. ents contingent upon strikes, accident or delays beyond our control. This proposal/subj~~lancc 30 days and it is void
Authorized Signature , ,/ , ~ -- =
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are hereby accepted. You are authorized to do thc work as specified. Payment will be made
as outlined above.
ACCEPTED:
Signature
DATE Signature
AGENDA REQUEST
Date: May 28, 2002
Request to be placed on:
---X--Regular Agenda
~ Special Agenda
~ Workshop Agenda
When: June 4, 2002
Description of item (who, what, where, how much): Attached is an Agenda Request for City
Commission to approve a Contract Addition (C.O. #2) to Colonna Construction Co. Inc. in the amount
of $'15009.00 to the Community Improvement Sidewalks. This Contract Addition is for the construction
of Pineapple Grove Way, NE '1st St and NE 2nd Ave Intersection Modifications.
Prices are commensurate with the work to be performed. Funding source is 334-6111-519-65.12
($15009.00), General Construction Fund/NE 2nd Ave- Pineapple Grove.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends award of Contract Addition (C.O. ~2) to Colonna Construction Co.
Department head signature: ~ t,J~,-~='3~ ~. .... ~J/I ~ $_1,ec- - o ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re~. d on all items involving expenditure of funds):
Funding available: E~..~'/NO
Funding alternatives (if applicable):See Above
Account No. & Description
Account.Balan~ ~, ~G
City Manager Review: ' ~
Zpp ove foragenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2001\2001-004\CONSTRCT\Co 2 agenda req 06.04.02.doc
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
AGENDA ITEM CITY COMMISSION MEETING JUNE 4, 2002
SPECIAL EVENT REQUEST - 4Tu OF JULY CELEBRATION
May 23, 2002
ACTION:
City Commission is requested to endorse the 4~ of July Celebration, grant a temporary use
permit per LDR's Section 2.4.6(H) for the closure of Atlantic Avenue from the ease side of
NE/SE 7th Avenue to Ocean Blvd., and from the south side of Thomas Street to the north side of
Miramar on Ocean Blvd. from 2:00 p.m. to approximately midnight, to waive LDR's Section
4.6.7(c) (5)(a) and (9) to allow banners and flags, to waive City ordinances 101.25 "Commercial
Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors, and to allow
all beach parking lots to remain open to approximately midnight. Commission is also requested
to provide staff support for security and traffic control, street barricading and banner hanging,
stage set up and use, and clean up and trash removal.
BACKGROUND:
The 4th of July Celebration is sponsored by the city through the Parks and Recreation
Department in partnership with the Joint Venture. The Parks and Recreation Department is
responsible for event management, planning and coordination of staff support. The Joint
Venture contracts with the fireworks vendor for the display and barge, assists in fund-raising,
helps obtain sponsors and vendors, develops and delivers promotional materials, and obtains and
coordinates media coverage.
There will be a sand-sculpting contest on the beach from approximately 8:00 a.m. until noon. A
bicycle parade will start at 4:00 p.m. and entertainment will begin at 6:30 p.m. The fireworks
show starts at approximately 9:15 p.m. Various vendors, as well as, the Marriott and restaurants
on south Ocean Boulevard will be set up along Ocean Boulevard selling food and beverages
beginning at approximately 5:00 p.m.
The cost of the fireworks display and barge rental is approximately $66,500. The City
contributes $40,000 to the Joint Venture to help offset the costs of the fireworks display and
barge rental. Overtime costs for staff support are approximately $20,000 and are paid for
through the City departmental budgets. Last years costs were $18,650. In addition, barricade
rental costs and portable lighting rental costs are about $350. The in-kind value of media
support and other event support is approximately $131,575. Liability insurance is assumed by
the City. A budget from the Joint Venture, our partner for the event, is attached.
05/22/2002
5612780555
DB CHAMBER COMMERCE
PA~E 02
2002 July 4~ Festivities
Media Plan
N'..~. spaper. Palm Beach .Post I Aclvertlsing $
& Printing
sunny 104.3 $
Television ~ WPTV 5 NBC
Adelphia PSA
25,000
52,000
46,075
131,$7S
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Commissioners
David T. Harden, City Manager
May 28, 2002
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING JUNE 4, 2002
SPECIAL EVENT REQUEST - SUMMER NIGHTS ON THE
AVENUE 2002
ACTION:
City Commission is requested to endorse the Summer Nights on the Avenue 2002 program, to
grant a temporary use permit per LDR's Section 2.4.6 (H) for use of City property and right-of -
way at various locations, and to provide City staff support from barricade set up and removal,
trash removal and clean up, police security and traffic control, stage use, set up, and removal,
and banner and signage set up and removal.
BACKGROUND:
Attached is a summary of the dates and locations for the Summer Nights on the Avenue events.
This is the ninth year that these events are being proposed by the Joint Venture. The purpose of
these events is to bring activity to the Avenue during the summer months and to bring in
additional customers for our businesses. The past year's City Commission has agreed to fund
overtime costs up to $5,000.00. Last year's overtime costs were $7,022. The estimated overtime
for six dates proposed this year is $7,500.
RECOMMENDATIONS:
Staff recommends approval of the event, grating the temporary use permit, providing staff
support with payment to the City for overtime costs exceeding $5,000.00 pending receipt of the
hold harmless agreement and certificate of insurance
Attachment
U:\CM memos~genda Request Summer Nights 2002.doc
May 22, 2002
RECEIVED
CITY MANAGER
Mr. David T. Harden, City Manager
City of Delray Beach
100 N.W. 1~ Avenue
Delray Beach, FL 33444
Re:
AGENDA ITEM - CITY COMMISSION APPROVAL
SPECIAL EVENT REQUEST - SUMMER NIGHTS ON THE AVENUE
Dear Mr. Harden:
The City Commission is requested to endorse the Summer Nights on the Avenue
program, to grant a temporary use permit per LDR's Section 2.4.6(H) for use of City
property and right of way, and to provide City staff support for barricade setup and
removal, trash removal and clean up, police security and traffic control, stage use, setup
and removal, and banner and signage setup and removal.
Attached are the dates and locations for the Summer Nights on the Avenue events.
This is the ninth year that these events are being proposed by the Joint Venture. The
purpose of these events is to bring activity to the downtown during the summer months
and to bring in additional customers for our businesses. In past years City Commission
has agreed to fund overtime costs up to $5,000.
Your consideration of the above request is very much appreciated.
Sincerely,
MARJORIE FERRER
Downtown Coordinator
MF:sk
attachment
cc: Robert A. Barcinski
DELRAY BEACH JOINT VENTURE · Community Redevelopment Agency · Delray Beach Chamber of Commerce · Downtown Development Authority
64-A S.E. Fifth Avenue, Delray Beach, FL 33483 · Tel: 561-278-0424 · 561-278-0555 · www. delraybeachvillagebythesea.com
SUMMER NIGHTS ON THE AVENUE SCHEDULE FOR 2002
Draft
Friday, July 12
Street Party - 200, 300 & 400 Blocks - Atlantic Avenue
Street closed between 2nd Avenue & 5~ Avenue
Theme: "60's & 70's"
Time: 7 - 10pm
Entertainment: Antique Car Clubs
Friday, July 19
Block Party- Roots Celebration -Tennis Center
No street closure
Theme: "Blues"
Time: 7 - 10pm
Entertainment:
Friday, August 2
Block Party - Old School Square
no street closure
Theme: "Latin"
Time: 7- 10pm
Entertainment:
Friday, August 9
Street Party - 500 & 600 blocks - Atlantic Avenue
Street closure - Atlantic Ave. between 5th and 7th Avenues
Theme: "Summer Party"
Time: 7 - 10pm
Entertainment: Historic Bike Tour
Friday, August 23
Street Party - Atlantic Avenue at A1A
Street closure -Atlantic Ave from A1A to Gleason
Theme: "Hot Air Balloon Glow"
Time: 7 - 10pm
Entertainment:
Friday, August 30 6th Annual Bedrace - Pineapple Grove Main Street
Street closure - NE 2nd Ave from 1st Street to 3rd Street
Theme: "Bedrace & Parade"
Time: 6 - 10pm
Entertainment:
£1T¥ DF DELRR¥ BEfl£H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993
DATE:
TO:
FROM:
May 30, 2002
City Commission
MEMORANDUM
Brian Shutt, Assistant City Attorney
SUBJECT: Acceptance of Easement Deed from Delra¥ Racquet Club Association
The following easement deed grants to the City the means to construct and maintain an
irrigation pump station on a portion of the Delray Racquet Club property.
By copy of this memo to David Harden, our office requests that this item be placed on the
June 4, 2002 City Commission agenda for acceptance.
Please call if you have any questions.
Attachment
CCi
David Harden, City Manager
Barbara Garito, City Clerk
Bob Barcinski, Asst. City Manager
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this~o:r~ day of '~2~y , 200~ by and between
DELRAY RACQUET CLUB ASSOCIATION, INC, with a mailing address of 610 Egret
Circle, Delray Beach, FL 33444, party of the first part, and the CITY OF DELRAY BEACH,
with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal
corporation in Palm Beach County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of the construction and maintenance of an irrigation
pump station with full and free right, liberty, and authority to enter upon and to install, operate,
and maintain such irrigation pump station well under, across, through and upon, over, under or
within the following described property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. The party of the first part also agrees to
erect no building or effect any other kind of construction or improvements upon the above-
described property that would hinder the use of the easement by the party of the second part.
It is understood that upon completion of such construction, all lands disturbed thereby as
a result of such construction performed thereon, will be restored to its original or like condition
without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS #1'
(nme printed or ~ed)
DELRAY RACQUET CLUB ASSOC. INC.
WITNESS #2: ,-
l.
(name printed or typed)
STATE OF
COUNTY 0-~ ~,~,
The foregoing instrument w~_ a~owledged before me this ~ day of
~~ ,200~by Z,~d~ /~. ~R[o~. ~ (n~e of officer or agent), of
~f~Oaer~,J .~c'~. (name of comomion), a ~/e~t'~ (State or place of
inco~oration) co~oration, on behalf of the co~oration. ~e/She is p~onally ~om to me or
h~ produced ~,~ ~o~a ~ ~ (~e~ id~cation) as [identification ~d di~did
not t~e an oath. k~~C~ [:/~~r'~ '
Signa~e of Not~ ~blic -
(SEAL)
2
S: \EngCA~O\Proiects\2OOO-O§6\EASEMENr dwg Non Apr 2g 07: 48:§7 2002 PLOTTED BY; KRASNOFF
*mo
z
z z
~fBIT 'A"
£1T¥ DF DELRI:I¥ BEfl£H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
MEMORANDUM
May 30, 2002
City Commission
Brian' ~l~Utt, Assistant City Attorney
Writer's Direct Line: 561/243-7091
SUBJECT: Granting of Easement Deed to Delray Racquet Club Association
The following easement deed from the City grants to the Delray Racquet Club Association
the means to maintain an irrigation pump station on a portion of City owned property. The
irrigation pump station existed on the property in its current state when the City acquired
the property (Lavers tennis center purchase).
By copy of this memo to David Harden, our office requests that this item be placed on the
June 4, 2002 City Commission agenda for acceptance.
Please call if you have any questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Bob Barcinski, Asst. City Manager
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this day of , 200_, by and between the
CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1 ST Avenue, Delray Beach,
Florida 33444 party of the first part, a Florida Municipal Corporation and the DELRAY
RACQUET CLUB ASSOCIATION, INC., with a mailing address of 610 Egret Circle, Delray
Beach, FL 33444, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of the construction and maintenance of an irrigation
pump station with full and free right, liberty, and authority to enter upon and to install, operate,
and maintain such irrigation pump station well under, across, through and upon, over, under or
within the following described property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. The party of the first part also agrees to
erect no building or effect any other kind of construction or improvements upon the above-
described property that would hinder the use of the easement by the party of the second part.
It is understood that upon completion of such construction, all lands disturbed thereby as
a result of such construction performed thereon, will be restored to its original or like condition
without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By: By:
City Clerk
David Schmidt, Mayor
Approved as to form:
By:
City Attomey
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
,200_ by DAVID SCHMIDT, as MAYOR OF THE CITY OF DELRAY
BEACH, FLORIDA, a Florida Municipal Corporation, on behalf of the corporation. He/She is
personally known to me or has produced (type of identification) as
identification and did/did not take an oath.
Signature of Notary Public -
State of
(SEAL)
EXHIBIT
F
z
/
CITY OF DELRI1Y BEACH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993 DATE: May 30, 2002
MEMORANDUM
TO: City Comr~L~~
FROM: Brian Shut't, Assistant City Attorney
SUBJECT: Amendment No. 1 to Fundin,q A.qreement with Pineapple Grove
On May 8, 2002 the City Commission approved an Agreement between the City
and Pineapple Grove Main Street, Inc. for the contribution of $45,000.00 to
Pineapple Grove for certain streetscape improvements. Palm Beach County has
entered into an agreement with the City to reimburse the City for roadway
improvements to Pineapple Grove in the amount of $45,000.00, which the City will
then give this money to Pineapple Grove. The City is in the process of requesting
these funds from Palm Beach County, however, it is anticipated that the City will
not receive these funds for several weeks.
Section 3 of the Agreement with Pineapple Grove provides that unless the City
receives the funds from the County by June 1, 2002, then the Agreement shall be
null and void. This Amendment provides that the City shall have until December
31, 2003 to receive the funds from the County before this Agreement shall be null
and void.
By copy of this memo to David Harden, our office requests that this item be placed
on the June 4, 2002 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
AMENDMENT NO. 1 TO THE AGREEMENT FOR FUNDING
OF STREETSCAPE IMPROVEMENTS IN
PINEAPPLE GROVE DATED MAY 8, 2002
THIS AMENDMENT NO. 1 to the Agreement dated May 8, 2002 is made this
day of , 2002 by and between the CITY OF DELRAY
BEACH (the City) and PINEAPPLE GROVE MAIN STREET, INC. ("Pineapple
Grove")..
WITNESSETH:
WHEREAS, the parties entered into an Agreement dated May 8, 2002, to
provide for the contribution of funds to Pineapple Grove for certain streetscape
elements; and
WHEREAS, the parties wish to extend the time allowed for reimbursement of
funds from Palm Beach County.
NOW, THEREFORE, the parties agree as follows:
1. The recitations set forth above are incorporated herein.
2. Section 3 of the Agreement dated May 8, 2002, is hereby amended to
provide that if the City does not receive the funds from the County by December 31,
2003, then this Agreement shall be considered null and void.
3. This Amendment together with the original Agreement and any written
amendments hereto, constitute the entire Agreement between the parties relating to the
subject matter hereof. It is the final expression of agreement between the parties, thus,
neither party shall be entitled to rely upon any conflicting oral representations,
assurances, claims or disclaimers, made either prior to or simultaneous with the
execution of this Amendment.
4. Except as expressly modified in writing herein or as modified by
subsequent written amendments, all other terms and conditions of the original
Agreement and any amendments thereto survive this Amendment and are deemed to be
incorporated herein and are binding on the parties.
IN WITNESS WHEREOF, the parties have executed this Amendment to the
Parking License Agreement on the day and year first hereinabove written.
ATTEST:
City Clerk
Approved as to legal form
and sufficiency:
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
City Attorney
WITNESSES:
(please type or print name)
PINEAPPLE GROVE MAIN STREET,
INC.
By:
(please type or print name)
(Name printed or typed)
STATE OF FLORIDA
COUNTY OF
title
acknowledging), a
on behalf of the corporation.
The foregoing instrument
,2002, by
of officer or agent) of
was acknowledged before me this day of
(name of officer or agent,
(name of corporation
(state or place of incorporation) corporation,
He/She is personally known to me or has produced
take an oath.
(type of identification) as identification and did (did not)
Signature of Notary Public - State
of Florida
CITY OF DELRrlY BEACH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993
DATE: May 31,2002
MEMORANDUM
TO:
City Commission
David T. Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Resolution 49-02 and Resolution 50-02
The City previously adopted Resolution 28-02 authorizing the use of eminent
domain for the acquisition of certain properties for the new Atlantic High School
site.
Resolution 49-02 is a new resolution substituting for Resolution 28-02. Resolution
49-02 narrows the properties that will be subject to eminent domain and provides
for updated legal descriptions. Resolution 49-02 is before you for approval.
Also before you for approval is Resolution 50-02. In conformance with the pre-suit
requirements of the Florida Statutes, the City is to make a written offer meeting all
requirements of Fla. Stat. § 73.015 prior to commencement of eminent domain
proceedings. Resolution 50-02 authorizes the written offers per Statute. Once
approved by the City Commission, letters will be sent to the appropriate persons
communicating the written offer. The offers are thirty percent over appraised
value. The properties are shown in cross hatching on the attached map.
We are waiting for an updated appraisal number in order to calculate the
appropriate offer for the M&P Products parcel (shown as 1470 on the map). We
will insert the number in the resolution prior to Tuesday's meeting.
ou have any questions.
Attachments
cc: Barbara Garito, City Clerk
C
"D
REC AREA
2._'.'.'.'.'.'.'.'.~0 o c
COP. AL TRACE PLACE mC
LWDD.
- LOg. AC
-ICol AC _
I/9
:5,53~c
RESOLUTION NO. 49-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO
CERTAIN REAL PROPERTY HEREINAFTER DESCRIBED
FOR THE PURPOSES OF THE CONSTRUCTION OF A NEW
ATLANTIC HIGH SCHOOL WITH RELATED AMENITIES
AND FACILITIES; DECLARING THAT THE ACQUISITION OF
THE PROPERTY IS NECESSARY FOR SAID PUBLIC
PURPOSE; AUTHORIZING THE HIRING OF LEGAL
COUNSEL, APPRAISERS, AND EXPERTS IN OTHER
DISCIPLINES AND THE FILING OF EMINENT DOMAIN
PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 74,
FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, on March 19, 2002, the City Commission duly adopted Resolution No.
28-02 finding a necessity and public purpose for the acquisition of certain real property by gift,
purchase or eminent domain for the public purpose of the construction of a new Atlantic High
School; and
WHEREAS, since March 19, 2002, the City of Delray Beach has been successful in
negotiating purchases of a large number of the properties identified in Resolution No. 28-02; and
WHEREAS, since March 19, 2002, the City has obtained surveys of the subject
properties which confirm or more clearly set forth the legal descriptions of the properties identified
in Resolution No. 28-02; and
WHEREAS, in order to provide adequate public school facilities in the City of
Delray Beach and Palm Beach County, the City of Delray Beach and the School Board of Palm
Beach County have determined that it is necessary to construct a new public high school in the City
of Delray Beach; and
WHEREAS, Section 166.411(11)., Florida Statutes, authorizes municipalities to
exercise the power of eminent domain for the public purpose of obtaining land to be conveyed by
the municipality to the School Board of the School District for the County within which the
municipality is located, if the School Board requests in writing that the municipality obtain such
lands for conveyance to the School Board and promises to use the land to establish a public school
thereon; and
WHEREAS, the School Board of Palm Beach County, Florida and the City of
Delray Beach, entered into an Interlocal Agreement whereby the City of Delray Beach agreed to
acquire the property hereina~er described on attached Exhibit "A" for the construction of a new
Atlantic High School and to convey fee simple title to said property to the School Board; and
WHEREAS, pursuant to said Interlocal Agreement, the School Board of Palm
Beach County agreed to accept fee simple title to the lands described on Exhibit "A" and to
construct a new Atlantic High School on said property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA THAT:
The City Commission adopts and ratifies those matters set forth in the
Section 1:
foregoing recitals.
Section 2:
The City Commission hereby finds that it is necessary to acquire the
lands described on attached Exhibit "A" for the public purpose of the construction of a new Atlantic
High School in the City of Delray Beach. The City of Delray Beach shall acquire fee simple title to
said lands in its own name by donation, purchase, or eminent domain proceedings.
Section 3: The City Attomey or her designee, is hereby authorized and directed to
proceed to take all necessary steps, including the hiring of Vance & Doney, P.A. and other legal
counsel, appraisers, and experts in other disciplines, as necessary, for the City of Delray Beach to
2
acquire said property and the City Attomey, or her designee, shall prepare in the name of the City of
Delray Beach all papers, pleadings and other instruments required for that purpose, and to see that
all eminent domain proceedings are prosecuted to judgment pursuant to Chapters 73 and 74, Florida
Statutes.
Section 4: The City Attorney and the City Manager are hereby authorized and
directed to take such other further actions as are reasonably required to fully accomplish the
purposes hereinabove directed.
Section 5: This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this __ day of ,2002.
CITY OF DELRAY BEACH, FLORIDA
Mayor
Attest:
City Clerk
EXHIBIT "A"
Parcel 8BR
Lot 8, REPLAT OF BREEZY RIDGE ESTATES, according to the plat thereof recorded in Plat
Book 24, page 116 of the Public Records of Palm Beach County, Florida
Parcel 20BR
Lot 20, REPLAT OF BREEZY RIDGE ESTATES, according to the plat thereof
recorded in Plat Book 24, page 116 of the Public Records of Palm
Beach County, Florida.
The following lands located in Section 18, Township 46 South, Range 43E, Palm
Beach County, Florida, to wit:
Parcel 1470
A parcel of land in Section 18, Township 46 South, Range 43 East, Palm Beach County,
Florida, more particularly described as follows:
COMMENCE at the southeast comer of Lot 1, Block 1 of SUDAN-UNIT A, according to
the map or plat thereof as recorded in Plat Book 28 at Page 144 of the Public
Records of Palm Beach County and nm S89°45'41"E, 47.52 feet; then nm
Sl1°54'42"W, 349.37 feet to the POINT OF BEGINNING; from said POINT OF
BEGINNING continue S11°54'42"W, 204.25 feet; then nm N89°55'27"W, 597.88
feet; then nm N00°04'33"E, 200.33 feet; then nm S89°53'11"E, 639.78 feet to the
POINT OF BEGINNING.
A parcel of land in Section 18, Township 46 South, Range 43 East, Palm Beach
County, Florida, more particularly described as follows:
Commence at the Southeast comer of Lot 1, Block 1, Sudan-Unit A according to the
Plat thereof as recorded in Plat Book 28, page 144 of the Public
Records of Palm Beach County, Florida: Thence S. 89°45'41'' E.,
along the easterly extension of the south line of said Lot 1, Block 1,
Sudan-Unit A, a distance of 40.34 feet; thence S. 10°57'12'' W., a
distance of 348.21 feet to the point of the beginning; thence S.
1 l°13'31'' W., a distance of 183.44 feet; thence S. 89o53'33'' E., a
distance of 16.29 feet; thence N. 11°13'31'' E., a distance of 183.44
feet; thence N. 89o53'33'' W., a distance of 16.29 feet to the point of
beginning.
A parcel of land in Section 18, Township 46 South, Range 43 East Palm Beach
Cotmty, Florida more particularly described as follows:
Commence at
the Southeast comer of Lot 1, Block 1, Sudan-Unit A, according to
the Plat thereof as recorded in Plat Book 28, page 144 of the Public
Records of Palm Beach County, Florida; thence S. 89°45'41'' E.,
along the easterly projection of the South line of said Lot 1, Block 1,
Sudan-Unit A, a distance of 72.02 feet; thence S. 11o54'42'' W., a
distance of 349.34 feet to the South line of the North Quarter (N.
1/4) of the Southwest Quarter (S.W. 1/4) of the Northeast Quarter
(N.E. 1/4) of said Section 18 and the point of beginning; thence N.
89o53'33" W., a distance of 12.31 feet to a point on a line 24.00 feet
West of and parallel to the top of bank of Lake Worth Drainage
District Canal E-4; thence S. 10o50'53'' W., along said parallel line, a
distance of 3.05 feet; thence S. 10020'53'' W., along said parallel
line, a distance of 91.48 feet; thence S. 11o31'52'' W., along said
parallel line, a distance of 74.79 feet; thence S. 12o40'08'' W., along
said parallel line, a distance of 14.01 feet; thence S. 89o53'33'' E., a
distance of 24.59 feet to a point on the top of bank of the Lake
Worth Drainage District Canal E-4; thence N. 12o40'08'' E., along
the said top of bank, a distance of 8.90 feet; thence N. 1 l°31'52'' E.,
along said top of bank, a distance of 75.27 feet; thence N. 10o20'53''
E., along said top of bank a distance of 91.62 feet; thence N.
10o50'53'' E., along said top of bank, a distance of 7.50 feet to a
point in the South line of the North Quarter (N. 1/4) of the Southwest
Quarter (S.W. 1/4) of the Northeast Quarter (N.E. 1/4) of said
Section 18; thence N. 89o53'33'' W., along said South line, a distance
of 12.12 feet to the point of beginning.
Parcel 3120
The west 100 feet of the South 145 feet of the East 132 feet of the North one-half of
the Northeast one-quarter of the Southeast one-quarter of the
Northwest one-quarter, Section 18, Township 46 South, Range 43
East.
Parcel 3100
The East 32 feet of the South 145 feet of the East 132 feet of the North one-half of
the Northeast one-quarter of the Southeast one-quarter of the
Northwest one-quarter and the West 68 feet of the South 145 feet of
the West 222 feet of that part of the North one-quarter of the
Southwest one-quarter of the Northeast one-quarter West of E-4
Canal, all in Section 18, Township 46 South, Range 43 East.
Parcel 1490
The East 109 feet of the West 177 feet of the South 150 feet of that part of the North
quarter (1/4) of the Southwest quarter (S.W. 1/4) of the Northeast
quarter (N.E. 1/4) of Section 18, Township 46 South, Range 43 East,
Palm Beach County, Florida, lying west of E-4 Canal.
Parcel 1270
The East 125 feet of the West 302 feet of the South 150 feet of the North Quarter, of
the Southwest Quarter of the Northeast Quarter of Section 18,
Township 46 South, Range 43 East, Palm Beach County, Florida.
Parcel 3090
That part of Section 18, Township 46 South, Range 43 East, Palm Beach County,
Florida, described as follows:
The East 132 feet of the North half (N 1/2) of the Northeast Quarter (N.E. 1/4) of
the Southeast Quarter (S.E. 1/4) of the Northwest Quarter (N.W. 1/4)
of said Section 18, less the South 145 feet thereof and less the North
158 feet of the West 100 Feet thereof;
TOGETHER
WITH the West 177 feet of the North Quarter (N 1/4) of the
Southwest Quarter (S.W. 1/4) of the Northeast Quarter (N.E. 1/4) of
said Section 18, less the South 145 feet of the West 68 feet thereof.
ALSO LESS the East 109 feet of the West 177 feet of the South 150 feet of that part
of the N ¼ of the Southwest ¼ of the Northeast ¼ of Section 18,
Township 46 South, Range 43 East, lying west of the E-4 Canal.
RESOLUTION NO. 50-02
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AUTHORIZING
AND DIRECTING THE CITY ATTORNEY, OR HER
DESIGNEE, TO PROVIDE A STATUTORY NOTICE
AND WRITTEN OFFER LETTER TO THE OWNER OF
EACH PROPERTY NEEDED FOR THE
CONSTRUCTION OF THE NEW ATLANTIC HIGH
SCHOOL; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the City Commission has heretofore adopted Resolution No. 49-02
authorizing the acquisition of certain real property legally described therein by gift,
purchase or eminent domain for the public purpose of the construction of a new Atlantic
High School; and
WHEREAS, prior to the institution of eminent domain proceedings, the City is
required by Section 73.015, Florida Statutes, to initiate settlement negotiations by
providing each landowner with notice of their statutory rights and by providing a written
offer to acquire each property; and
WHEREAS, each of the properties described in Resolution No. 49-02 have been
appraised and the City desires to make a written offer to purchase the subject properties
for the amounts set forth below.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA THAT:
Section 1: The City Attomey, or her designee, is hereby authorized and directed
to provide statutory notice and make written offers in accordance with Section 73.015,
Florida Statutes to the owners of the lands described in Resolution No. 49-02 as follows:
PARCEL NUMBER
8BR
20BR
OWNER(S)
Lester D. Martin and
Shirley M. Martin
Clarissa E. Mayorga
OFFER AMOUNT
$156,000.00
$169,000.00
1470 M&P Concrete Products, $383,500.00
Inc.
3120 Eugene B. Baker and $143,000.00
Barbara M. Baker
3100 Michael D. Baker and Ellie $91,000.00
D. Baker
1490 $41,600.00
Anthony Eugene Baker and
Laurel Bell Baker
Anthony E. Baker and
Laurel Bell Baker
1270
3090
James Wesley Baker,
Eugene Brownlow Baker
and Carolyn Lucille Baker
Tubbs
$91,000.00
$149,500.00
Such offers shall remain in effect for thirty (30) days following receipt by each respective
owner(s) and shall be deemed rescinded unless extended in writing. Further, such offers
are subject to the claims and interests, if any, of all other parties in and to the subject
property and the owner(s) of each property shall be responsible for payment of the same
out of the settlement/closing proceeds. Each offer is conditioned upon the owner(s) of
each property being able to convey insurable title in and to the subject property to the
City of Delray Beach.
2
Section 2: This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this __ day of ,2002.
CITY OF DELRAY BEACH,
FLORIDA
Attest:
Mayor
City Clerk
3
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~P/A~
AGENDA ITEM ~ K~,-REGULAR MEETING OF ]LTNE 4, 2002 AWARD OF BIDS
AND CONTRACTS
DATE: MAY 31, 2002
This is before the City Commission to approve the award of the following bids:
Contract award to Murray Logan Construction, Inc. in the amount of $16,500.00
for rehabilitation of rails and breakaway fittings at Lift Stations 6lB and 86D.
Funding is available from 441-5144-53646.20 (Equipment Repair).
Contract award to Astaldi Construction Corporation in the amount of
$565,378.00 for the Southwest Area Improvements Phase III (N.W. 13th & N.W.
14th Avenue) Project. Funding is available from 442-5178-536-65.59 for
$560,778.00 (Water/Sewer R&R, S.W. Area 3) and 448-5470-538-65.59 for
$4,600.00 (Storm Water Utility, S.W. Area 3).
Subcontract award to Hatcher Construction and Development, Inc. in the amount
of $27,915.00 for the installation of concrete sidewalks and driveways on the
Southridge Road Water Main Improvements. Funding is available from 442-5178-
536-65.62 (S.W. 4~ Avenue to South Swinton Avenue).
Recommend approval of the above bids and purchases.
S:\Citv Clerk\chevelle folder\agenda memo\Bid Memo.06.04.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D
U M
TO: David T. Harden
City Manager
FROM:
DATE:
SUBJECT:
C. Danvers Beatty, P.E. /~,,,,~--~
Deputy Director of Utili
May 28, 2002
REHABILITATION OF LIFT STATIONS 61B & 86D
Attached is an Agenda Request and supporting documentation for award of acontract to Murray
Logan Construction, Inc. in the amount of $16,500.00. The proposed work is for the replacement
of the flanges and breakaway fittings which are deteriorated and in need of replacement within the
subject lift stations. The quote from Murray Logan is based on the Palm Beach County contract
unit prices on file in our Purchasing Department.
Based on their quote and satisfactory performance of past work in the City, we are recommending
award to Murray Logan Construction, Inc. in the total amount of $16,500.00. Funding will be from
441-5144-536-46.20, equipment repair.
Please place the item on the June 4, 2002 Agenda for consideration by City Commission.
CDB/cdb
Att:
CC:
Richard C. Hasko, Director of Environmental Services
Bob Bullard, Utility Maintenance Manager
City Clerk
Agenda File
S:~Environmental Services~Dan BeattylLS86D&61B.mem.doc
May 08 02 08:26a MURRRY LOGRH COMST 56! 686 ?465 p.4
MURRAY LOGAN CONSTRUCTION, INC.
General Contractors
313 65TH TRAIL N. · P. O. BOX IS555
WEST PALM BEACH, FLORIDA 334.06
TELEPHONE 686-3948
QUOTATION
PLANS AMO SPECIFtCATIONS -~
O'rE.
WE PROPOSE TO FURNISH ALL LABOR. MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING:
MURRAY LOGAN CONSTRUCTION. INC. CANNOT GUARANTEE OR BE RESPONSIBLE FOR ROCK BASE WORK CONSTRUCTED BY OTHERS:
BUYERS SIGNED ACCEPTANCE WILL CONSTITUTE A BINDING CONTRACT
tN THE EVENT THE R E IS ANY DEFAULT IN PAYMENTS DUE UNDER THIS CONTRACT AND THE SAM E IS PLACED IN THF PIANOS O F AN ATTORNEY FOR COL LECTI ON. THE (='URCHASER
AND/OR I~.JRCHASERS. HEREBY AGREES TO RAY ALL COST OF' COLLECTION. INCLUDfNG A REASONABLE ATTORNEY'S FEE
ACCEPTED:
DATE
~ OB 02 08:25a ~URRRY LOSA~ cONST, 56! 686 7465 p.2
MURRAY LOGAN CONSTRUCTION, INC.
General Contractors
31.~65TH TRAIL N. · P. O. BOX 15555
WEST PALM BEACH. FLORIDA 33406
QUOTATION
LOCA,,ON7
P,^NS AND SPEC~,CAT~ONS~ '~
r~ TELEPHONE 686-3948
WE PROPOSE TO FURNISH ALL LABOR, MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING:
MURRAY LOGAN CONSTRUCTION, INC. CANNOT GUARANTEE OR BE RESPONSIBLE FOR ROCK BASE WORK CONSTRUCTED BY OTHERS:
BUYERS SIGNED ACCEPTANCE WILL CONSTITUTE A 81NO;NG CONTRACT
IN THE EVENT THERE I$ ANY DEFAULT IN PAYMENTS OUE UNDER THIS CONTRACT AND THE SAME IS PLACEQ IN TH F HAN DS O F AN ATTORNEY FOR COLLECTION THE !=URCHASER
AND/OR PURCHASERS. HEREBY AGREES TO PAY ALL COST OF COLLECTION. I~CLUOING A REASONABLE ATTORNEY'S FEE
ACCEPTED:
DATE,
M~LOGANs~,,,~~CONSTRUC.TIOI~,~ '~"~-"~%~INC'
Request to be placed on:
X Reqular Agenda
Special Agenda
Workshop Agenda
AGENDA REQUEST
Date: May 28, 2002
When: June 4, 2002
Description of item (who, what, where, how much): Staff requests
Commission Approval of a contract to Murray Logan Construction, Inc. for
Rehabilitation of Lift Stations 6lB & 86D in the amount of $16,500.00,
Fundinq is available from Account #441-5144-536-46.20, Equipment Repair.
ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO
Recommendation: Staff recommends /m4~proval of the contract to Murray
Department head signature.~.~~/~._.~/~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review: ~/ ~
Approved for agenda: NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Di s approved
S: \Environmental Services\Dan Beatty\ls8 6D& 6lB. ag. doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
David T. Harden
City Manager
Victor MajtenyY-~_~//
Assistant Construction Manager
www.delrayesd.com
DATE: May 28, 2002
SUBJECT:
SW Area Improvements Phase III (Project # 2001-048)
Commission Agenda Item, Construction Contract Award
Attached is a Agenda Request for City Commission to approve an award of contract to Astaldi
Construction Corporation for the Southwest Area Improvements Phase III (NW 13th & NW '14t'
Avenues) project. The improvements include: installation of water mains, sewer mains, drainage, and
pavement and swale restoration. Also included with this bid package were Alternates for the
excavation/sodding of retention areas. This contract award is for the base bid only. The lots required for
the retention area construction have not yet been acquired by the City. When such acquisition takes
place, staff will seek approval for the alternates as a change order to this contract.
Total cost for this Contract is $565,378.00. Funding is provided as follows:
Account # Description Contract Amount
442-5178-536-65.59 Water & Sewer R&R, SW Area 3 $560,778.00
448-5470-538-65.59 Storm Water Utility, SW Area 3 $ 4,600.00
Total $565,378.00
Attached for your review is a map showing the project locations and a bid tabulation.
enc
cc:
Richard Hasko, P.E., Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero, Dep. Dir. of Construction, ESD
City Clerks Office
Agenda File 06-04-02
Project File 2001-048 (A)
S:tEngAdmin~Projects~2001~OOf-O481CONSTRCTIAgnd Memo Astaldi 06.04.02. doc
AVENUE
ATLANTIC
si.
CITY of DELRAY BEACH
ENVFIO~NTAL SERVICES DEPARTMENT
434 ~ ~ AVENUE, DEB:lAY aEAC:3-1, FLC3FI:)A 33444
II SW AREA IMPROVEMENTS PHASE III
PROJECT NO. 2001-04.8
LOCATION MAP
IDATE: 5/1,3/2002 I
I BX11NW13ad/,-AV'EI
12OOl-O .Sl
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
Agenda Item No.~ 0(~,_."~,
Date: May 28, 2002
When: June 4, 2002
Description of item (who, what, where, how much): Commission approval for contract award to
Astaldi Construction Corporation for the Southwest Area Improvements Phase III (NW 13th & NW 14th
Avenue) project, for base bid in the amount of $565,37800. The improvements include: installation of
water mains, sewer mains, drainage, and pavement/swale restoration.
Account # Description Contract
Amount
442-5178-536-65.59 Water & Sewer R&R, SW Area 3 $560,778.00
448-5470-538-65.59 Storm Water Utility, SW Area 3 $4,600.00
Total $565,378.00
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT A'I-I'ACHED YES/NO
Recommendation: Staff recommp~t~appr¢
Department head signature I/~(~
Determination of Consistency with Com
)mhensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review,{m~ired on all items involving expenditure of funds):
Funding available: YI~E~NO
Funding alternatives-- .(if applicable)
Account No. & Description See table above
Account Balance See table above ~/'/-~-~go°,~,. ~/~//~.4/~-~ ~;~ ~- ~'~',~'5~
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:~EngAdmintProjects~2001~2001-O48tCONSTRCT~Agnd Req Astaldi 06.04.02. doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
www. delrayesd, com
DAVID T. HARDEN
City Manager ~
RAFAEL BALLESTERO
Deputy Director of Construction
SOUTHRIDGE ROAD WATER MAIN IMPROVEMENTS (PN 2002-007)
Concrete Items Subcontractor award
DATE: MAY 22, 2002
Attached for Commission approval is an agenda request for subcontract award to Hatcher
Construction and Development, for the installation of concrete sidewalks and driveways on the
Southridge Road Water Main Improvements project, PN 02-007. The prices are commensurate
with the work to be performed. This is a project currently under construction, time does not allow
for the public bid process.
Attached are three competitive bids for your review, with Hatcher Construction as the low bid.
Staff recommends award to Hatcher Construction
Funding is from 442-5178-536-65.62 (SW 4th Ave. to S Swinton Ave.) in the amount of
$27,915.00.
Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Agenda File 05/21/02
Project File 02-007(A)
City Clerk
$: ~EngAdminlProjects~2OO2~2OO2-OO7~CONSTRCT~concsubmemo-5. 22. 02.doc
{,0,%
FAX NO. ': 561~302670 Ma~. 15 ~00~ 10:43AM
HATCHER
CONSTRUCTION & DEVELOPMENT Inc.
Building Satisfaction From The Blueprints Of Your Dreams
P2
5/10/02
City of Delray of Beach
100 NW. 1 ~ Ave
Delray Beach. FL. 33444
The following bid proposal is to complete the sidewalk project according to spec. for
Southridge Road. A cost breakdown is given below.
Description: Unit: Est. Unit Cost:
Quan Price
5' Conc sidewalk ( 4" thick ) LF, 690
5' Conc sidewalk (6" thick ) L.F, 10
Conc Drive Apron (6" thick) S.F. 5850
$14.80 $10,215,00
$15.00 $150.00
$3.00 $17,550.00
For all the above we are please to quote you the lump sum of $27,915.00 (Twenty
Seven Thousand Nine Hundred and Fifteen Dollars.
This quote is open for a period of 30 days from the date of this letter.
Sincerely,
William Hatcher
CG CO61503
33 S.E. 1 ~t Ave. - Delray Beach, Florida 33~.~.x.
Phone: (561) 330-2621 ,, www. WJHatchert~_aol.com o Fax: (561) 330-2670
.4: TO:lS~12~?~l~ P:Ex2
qPR-2~-20~ MON O~:2TPM ID:
P.01
CONCRETE EXPERTS
318 SANDTREE DRIVE
PALM BEACH GARDENS
FLORIDA
33403
MAY
5/3/2002
CITY OF DELRAY BBACH
DEPartment of Enviromentai Services
434 S.SWINTON Avenue ..
Delray beach,FL
Attention. Spencer a FAX# 561-243-7314
Re. FAX quotation as, requested for concrete items as follows.
Concrete sidewalk 4'thick x5' wide x 690'1ong ..... 11,212.50
Concrete sidewalk 6'thick x5' wide x 10' long ..... 250.00
Concrete drive apron 6'thick x 5,850 SQ.FT ~9~012.50
TOTAL 30,475.00
Agenda Item No. ~,~,. '~
Request to be placed on:
AGENDA REQUEST
Date: May'22, 2002
--X--Regular Agenda
Special Agenda
Workshop Agenda
When:June 4, 2002
Description of item (who, what, where, how much):
Attached for Commission approval is an agenda request for subcontract award to Hatcher Construction
and Development, for the installation of concrete sidewalks and driveways on the Southridge Road
Water Main Improvements, PN 02-007. The amount of the subcontract is 27,915.00.
Funding is from 442-5178-536-65.62,SW 4th Ave. to S Swinton Ave.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends award of Subcontract to Hatcher Development and Construction,
Inc. for the installation of concre,,te~'s, idewalks and driveways on~,he Southddge Road Water Main
Improvements project. I F'~. ~
Department head signature: \ ~ "- '5" ~' °"~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re/~uis~d on all items involving expenditure of funds):
Funding available:~O
Funding alternatives (if applicable): see above
Account No. & Des.cription ~/q,~ - ,5'-/'7/'- ~-._~4, 4; ~.~, 2- ~ x//-~
Account Balance ~ d'./-Z. ,.o_~3 d~ l~'~4--/~/d 2.- ~/?/Z,,o .
City Manager Review: 'v"~'~ ~ ,,1' ' '
Approved for agenda: ~E~NO ~'/t/I
Hold Until: "-" //'~ ~,
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:~..302-007~AGREQCO1 concsub -05.22.02
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGERc~~ .'-~~ '~
PAUL DORLING, DIRECTOR OF PLANNING AND ZO~G
MICHELLE E. HOYLAND! SENIOR PLANNER ~~,~~
MEETING OF JUNE 4, 2002
CONSIDERATION OF WAIVER REQUESTS FOR OLD PALM GROVE~ A 44
LOT SUBDIVISION WHICH CONTAINS 30 SINGLE FAMILY ZERO LOT LINE
HOMES~ 3 SINGLE FAMILY CONVENTIONAL HOMES AND 11
TOWNHOMES~ LOCATED AT THE NORTHEAST AND SOUTHEAST
CORNERS OF FEDERAL HIGHWAY AND ROYAL PALM BOULEVARD (1645
NORTH FEDERAL HIGHWAY)~ WITHIN THE NORTH FEDERAL HIGHWAY
REDEVELOPMENT AREA.
The subject property consists of Lots 1 through 5 Block "A" of the Royal Palm Gardens plat #3,
Lots 8 through 11 Block "B" of the Royal Palm Gardens plat #3, all of the Royal Palm Gardens
plat, Lot 5 of the Eastview plat, and all of the Harry Seemiller plat, and contains 4.623 acres.
This property contains a 2,363 square foot restaurant (Antonio's Mama Rosa) that was built in
1968. The remainder contains two houses built in 1948 and 1950 and a landscape nursery.
At its meeting of February 19, 2002, the City Commission approved a Future Land Use Map
(FLUM) Amendment from GC (General Commercial) to MD (Medium Density Residential/5-12
dwelling units per acre) for the restaurant property, and a rezoning from GC (General
Commercial)[0.76 acres], RM (Multiple Family- Medium Density)[1.82 acres], and RL (Multiple
Family - Low Density)[2.04 acres] to PRD (Planned Residential) for the subject property.
Additionally, the Commission approved a waiver to Section 4.4.7(F)(2)(c) of the Land
Development Regulations, to allow a total development area of 4.62 acres rather than the
required minimum site area of 5 acres for a PRD development.
At its meeting of May 20, 2002, the Planning and Zoning Board approved a Master
Development Plan for a 44 lot subdivision which contains 30 single family zero lot line homes, 3
single family conventional homes and 11 townhomes. The Board recommended approval of
waivers to minimum lot area, width, frontage and depth for the single family zero lot line and
conventional lots and minimum pavement width for the internal private roadways. Additional
background and an analysis of the request are found in the attached Planning and Zoning
Board Staff Report.
The applicant has requested waivers to the minimum lot area, width, frontage and depth
requirements and a reduction in roadway pavement width from 24' to 22'. All of the zero lot line
lots meet the minimum 80' lot depth requirement and 25% open space requirement. Four of the
proposed thirty zero lot line lots exceed the minimum requirements for a zero lot line lot, as they
City Commission Documentation
Waivers Associated with Old Palm Grove
Page 2
are 45' and 50' in width, and 89', 94', '102' and 107' in depth, and contain a minimum lot size of
at least 4,605 sq. ft. Four of the proposed zero lot line lots will require waivers to the lot
frontage requirement, two of the lots will require waivers to the minimum lot width requirement
and twenty-four of the lots will require waivers to the minimum lot size requirement. Three of
the proposed lots are conventional lots and will required waivers to the lot frontage requirement,
lot width requirement, lot depth requirement and lot size requirement. The applicant has
requested the appropriate waivers for these deficiencies. Please refer to attached Waiver
Matrix for specific lot information regarding these waivers.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make
a finding that the granting of the waiver:
(a)
(b)
(c)
(d)
Shall not adversely affect the neighboring area;
Shall not significantly diminish the provision of public facilities;
Shall not create an unsafe situation; or,
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.
Given the analysis contained in the attached staff report with respect to the compatibility of the
project to the surrounding area, a positive finding can be made that the reductions will not
adversely affect the neighboring area. The subject property is located within an urban
redevelopment area and is considered an infill project. The proposed development furthers
several goals of the Comprehensive Plan and the North Federal Highway Redevelopment Plan.
In addition, the design includes New Urbanism or TND (Traditional Neighborhood Development)
design principles, which include front porches and alleys with garages primarily accessed off the
alleys to provide a better sense of community and promotes neighborhood interaction. In order
to provide alleys, additional land area normally devoted to lots was consumed, thus, lot sizes
and dimensions have been reduced accordingly. The reduction in the lot area, frontage and
width is justifiable as the lots are all at least 80' deep with the deepest lot being 107' deep. This
allows for greater open space area and additional individual lot amenities such as pools with
pool decks. The establishment of new single family detached housing within the North Federal
Highway Redevelopment Area will help to stabilize an area which is suffering from blighted and
unstable conditions. Based on the above, a positive finding with respect to LDR Section
2.4.7(B)(5), waiver findings can be made.
The Planning and Zoning Board considered the waiver request at its meeting of May 20, 2002.
The Board recommended approval (7 to 0) of the waivers but had concerns with the number of
waivers and internal adjustments requested.
By separate motions, approve the following waivers for Old Palm Grove, based upon positive
findings with respect to LDR Section 2.4.7(B)(5).
City Commission Documentation
Waivers Associated with Old Palm Grove
Page 3
Approve a reduction in the minimum lot area requirement from 4,500 sq. ft. to square
footages described in the attached waiver matrix, upon a finding that it is necessary and
appropriate to create such a non-conformity.
Bo
Approve reductions of the minimum lot width requirement for zero lot line lots from 60' for
corner lots to 54' for Lot 40 and 55' for Lot 27, upon a finding that it is necessary and
appropriate to create such a non-conformity.
C°
Approve a reduction of the minimum lot frontage requirement for zero lot line lots from 40'
for interior lots to 15' for Lots 16 and 21; and from 60' for corner lots to 55' for Lot 27 and 54'
for Lot 40, upon a finding that it is necessary and appropriate to create such a non-
conformity.
D°
Approve a reduction of the minimum lot area requirement for conventional lots from 7,500
sq. ft. to 5,304 sq. ft. for Lot 17; to 4,759 sq. ft. for Lot 22; and to 4,953 sq. ft. for Lot 35,
upon a finding that it is necessary and appropriate to create such a non-conformity.
Eo
Approve a reduction of the minimum lot width requirement for conventional lots from 60' to
55' for Lots 17 and 22 and 57' for Lot 35, upon a finding that it is necessary and appropriate
to create such a non-conformity.
Approve a reduction of the minimum lot frontage requirement for conventional lots from 60'
to 0' (access is provided via a 20' wide alley) for Lots 17 and 22; and from 60' to 57' for Lot
35, upon a finding that it is necessary and appropriate to create such a non-conformity.
G°
Approve a reduction of the minimum lot depth requirement for conventional lots from 100' to
96' for Lot 17; from 100' to 85' for Lot 22; and from 100' to 87' for Lot 35, upon a finding that
it is necessary and appropriate to create such a non-conformity.
H. Approve a reduction in pavement width of the streets from 24' to 22' based upon positive
findings with respect to LDR Section 6.1.2(C)(3)(c).
Attachments:
· Waiver Matrix
· Planning and Zoning Board Staff Report dated May 20, 2002
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
May 20, 2002
V.A.
Master Plan Approval for Old Palm Grove, a Proposed 44 Lot Subdivision, Which
Contains 33 Zero Lot Line Units and 11 Townhomes, Located at the Northeast and
Southeast Comers of North Federal Highway and Royal Palm Boulevard (Quasi-
Judicial Hearing).
GENERAL DATA:
Applicant/Agent ...............
Owner .............................
Location ..........................
Property Size ..................
Existing FLUM ................
Current Zoning ................
Adjacent Zoning ..... North:
East:
South:
West:
Existing Land Use ............
Proposed Land Use .........
Water Service ..................
Sewer Service ..................
New Urban/RFC Developers, LLC
Antonio's Mama Rosa
inc.; Meta K. Nitschke; Marsha
Lytton; and Nyoma Payne
Located at the Northeast and
Southeast Comers of North
Federal Highway and Royal
Palm Boulevard.
4.623 Acres
MD (Medium Density Residential-
5/10 du/per acre.)
PRD (Planned Residential
Development)
RM (Multiple Family Residential-
Medium Density) & GC (General
Commercial)
RL (Multiple Family Residential- Low
Density) & RM (Multiple Family
Residential- Medium Density)
RL (Multiple Family Residential- Low
Density) &
GC (General Commercial)
GC (General Commercial) & RL
(Multiple Family Residential- Low
Density)
Restaurant and Single Family
Residence
Construction of a 44 lot subdivision,
which contains 33 zero lot line units
and 11 townhomes.
Available via connection to an existing
8" water main in Royal Palm Blvd.
Available via connection to an existing
10" sewer main in Royal Palm Blvd.
ITEM BEFORE THE BOARD
The action before the Board is that of approval of a Master Development Plan for
Old Palm Grove, a 44 lot subdivision which contains 30 single family zero lot line
homes, 3 single family conventional homes and 11 townhomes, pursuant to LDR
Section 2.4.5(F).
The subject property is located at the northeast and southeast corners of North
Federal Highway and Royal Palm Boulevard (1645 North Federal Highway),
within the North Federal Highway Redevelopment Area, and contains
approximately 4.62 acres.
Pursuant to LDR Section 2.2.2(E)(6), the Local Planning Agency (P&Z Board)
has the authority to take final action on Master Development Plans.
The subject property consists of Lots 1 through 5 Block "A" of the Royal Palm
Gardens plat #3, Lots 8 through 11 Block "B" of the Royal Palm Gardens plat #3,
all of the Royal Palm Gardens .plat, Lot 5 of the Eastview plat, and all of the Harry
Seemiller plat, and contains 4.623 acres.
The property at the northeast corner of North Federal Highway and Royal Palm
Boulevard was annexed to the City on March 14, 1966. This property contains a
2,363 square foot restaurant (Antonio's Mama Rosa) that was built in 1968. The
remainder of the property was annexed to the City on December 13, 1988. This
property contains two houses that were built in 1948 and 1950 and a landscape
nursery. Since annexation and construction of the restaurant there have been no
further development proposals for the subject property. The commercial property
was zoned GC (General Commercial) and the balance of the property was zoned
RM (Multiple Family Residential - Medium Density) in part and RL (Multiple
Family- Low Density).
At its meeting of February 19, 2002, the City Commission approved a Future
Land Use Map (FLUM) Amendment from GC (General Commercial) to MD
(Medium Density Residential/5-12 dwelling units per acre) for the restaurant
property, and a rezoning from GC (General Commercial)[0.76 acres], RM
(Multiple Family- Medium Density)[1.82 acres], and RL (Multiple Family- Low
Density)[2.04 acres] to PRD (Planned Residential) for the subject property.
Additionally, the Commission approved a waiver to Section 4.4.7(F)(2)(c) of the
Land Development Regulations, to allow a total development area of 4.62 acres
rather than the required minimum site area of 5 acres for a PRD development.
Planning and Zoning Staff i' ~-'3rt
Master Development Plan for Old Palm Grove
Page 2
MASTER DEVELOPMENT PLAN ANALYSIS
PROJECT DESCRIPTION:
The proposal is to develop a 44 lot subdivision which contains 30 single family
zero lot line homes, 3 single family conventional homes and 11 townhomes: The
development proposal consists of the following:
· Development of 30 single family zero lot line homes on lots which range from
40' to 57' wide and 80' to 107' deep;
· Development of 3 single family conventional homes on lots which range from
55' to 57' wide and 85' to 96' deep;
· Development of 11 3-story townhomes which are generally 20' wide x 60'
deep. The townhomes contain approximately 2,200 to 2,400 square feet;
· Construction of private paver block streets and alleys;
· Construction of 8 on-street parallel parking spaces (within Royal Palm
Boulevard -to be abandoned);
· Construction of two common open space squares;
· Construction of 5' sidewalks throughout the development;
· Installation of a 6' high ornamental aluminum fence along the south side of
the main road (Royal Palm Boulevard) and common open space tracts along
the south side of the road and a 3.5' ornamental fence along Federal
Highway;
· Installation of a 6' high black vinyl coated chain link fence around the
perimeter of the property;
· Development of a 0.16 acre pocket park which takes access off of Lake
Avenue;
· Construction of common recreational area containing a cabana and pool;
· Infrastructure improvements and associated landscaping.
The development proposal also involves requests for the following internal
adjustments:
Internal Adjustments for the Multiple Family Component:
· Reduction in the rear yard setbacks from 25' to 5' for Lots 1-11; and,
· Reduction in the side street setbacks from 30' to 0' for Lots 5 and 6.
Internal Adjustments for the Zero Lot Line Component:
· Reduction in the required common open space from 20% to 12.3% (9.2% on-
site and 3% within the proposed pocket park on Lot 18, La Hacienda
subdivision);
· Reduction in front yard setbacks from 20' to 8' for Lots 12-14; from 20' to 10'
for Lots 15-16, 18-22; from 20' to 18' for Lots 23, 25-38; from 20' to 14' for
Lots 39-44; and from 20' to 15' for Lot 17;
· Reduction in the side interior setbacks (non-zero side) from 15' to 10' for Lots
12-26, 29-39 and 41-44;
Planning and Zoning Staff F '3rt
Master Development Plan fo, Old Palm Grove
Page 3
· Reduction in rear yard setback from 10' to 7' for lot 12 and from 10' to 5' for
Lots 16-17, 20-22 and 23-25;
· Reduction in the side setback from 10' to 3' for pools.
The development proposal also includes the following waivers:
Waivers for the Zero Lot Line Component:
· Reduction in the required lot area from 4,500 sq. ft. (refer to the attached
waiver matrix for the proposed lot area for individual lots);
· Reduction in the required lot width for corner lots from 60' to 55' and 54' for
Lots 27 and 40 respectively;
· Reduction in the required lot frontage for interior lots from 40' to 25' for Lots
16 and 21; 40' to 0' for Lots 17 and 22;
· Reduction in the required lot frontage for corner lots from 60' to 55' for Lot 27;
and from 60' to 54' for Lot 40; and,
· Reduction in the required pavement width from 24' to 20'.
Waiver for the Conventional Lots:
· Reduction in the required lot area from 7,500 sq. ft. to 5,304 sq. ft. for Lot 17;
to 4,759 sq. ft. for Lot 22; and to 4,913 sq. ft. for Lot 35;
· Reduction in the required lot width for interior lots from 60' to 56' for Lots 17
and 22; and to 57' for Lot 35;
· Reduction in the required lot frontage for interior lots from 60' to 0' for Lots 17
and 22; and to 57' for Lot 35; and
· Reduction in the required lot depth from 100' to 96' for Lot 17; to 85' for Lot
22; and to 87' for Lot 35.
General Waivers:
· Reduction of the pavement width of the streets from 24' to 22';
· Reduction of the site visibility triangle from 40' to 27' and 32'; and,
· Waiver to provide a sidewalk on one side of the street.
The project will consist of 30 single family zero lot line homes and three
conventional homes (Lots 17, 22 and 35) with four models, and 11 townhomes.
Unit A contains 2,200 square feet under air (2,860 sq. ft. including the garage);
Unit B contains 2,850 square feet under air (3,590 including the garage); Unit C
contains 2,750 square feet under air (3,150 sq. ft. including the garage); and Unit
D contains 2,865 square feet under air (3,265 sq. f. including the garage). The
three-story townhomes contain 2,484 - 2,538 square feet including garages, with
three model options. Each single family home will have an option to purchase a
pool. Units A and B feature three bedrooms, Unit C has four bedrooms and Unit
D has three bedrooms with a sitting room which can be an optional fourth
bedroom. Units A and B will have three-car garages and units C and D will have
two-car garages. The price of the single family zero lot line homes will start at
$400,000 while the townhomes will begin in the Iow $200,000's.
Planning and Zoning Staff F'~',~rt
Master Development Plan fo, Old Palm Grove
Page 4
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
LDR Section 4.3.4(K) Development Standards Matrix:
Zero Lot Line: t
Pursuant to LDR Section 4.3.4(K) the table below represents
requirements for a zero lot line lot within the PRD zoning district:
Required (I/C)*
Building He~qht (max.) 35'
Buildinq Setbacks (min.) -
the
Open Space
minimum
Provided
23'-28'
Front 20' 10'-23'
Side (Interior) 0'/15' 0/10'
Side (Street) 15' 20'
Rear 10' 5'-15'
25%
Lot Width
Frontage
Lot Depth
Lot Size - Sq. Ft.
~' Refer to matdx for individual lot information
* Interior lot and corner lot
40'/60'
40'/60'
80'
4,500
Conventional Lots:
the
Pursuant to LDR Section 4.3.4(K) the table below represents
requirements for a conventional lot within the PRD zoning district:
Required
35'
Building He~qht (max.)
25%-47.31%
Building Setbacks (min.) -
40'-55'
0'-55'
80'-107'
3,200-5,217
minimum
Open Space
Provided
23'-28'
Front 25' 10-18
Side (Interior) 7.5' 10'
Side (Street) 15' N/A
Rear 10' 5'-10'
25%
Lot Width
Frontage
Lot Depth
Lot Size - Sq. Ft.
1 Refer to matrix for individual lot information
60'
60'
100'
7,500
41.9%-47.5%
55'-57'
0'-57'
85'-96'
4,759-5,304
Planning and Zoning Staff F~'3rt
Master Development Plan fo, Old Palm Grove
Page 5
Townhomes:
Pursuant to LDR Section 4.3.4(K) the table below represents the minimum
requirements for the three-story multiple family component within the PRD zoning
district:
Building Height (max.)
Required Provided
35' 32'
Building Setbacks (min.) -
Front** 5'-15' 5'-7'
Side (Interior) 25' 25'
Side (Street) 30' 0'
Rear 25' 5'
Open Space 25% 26.8%
Maximum Lot Coverage 40% 34.3%
**Within the North Federal Highway Redevelopment Area the front setbacks are 5'-15'.
All of the zero lot line lots meet the minimum 80' lot depth requirement and 25%
open space requirement. Four of the proposed thirty-three zero lot line lots
exceed the minimum requirements for a zero lot line lot, as they are 45' and 50'
in width, and 89', 94', 102' and 107' in depth, and contain a minimum lot size of
at least 4,605 sq. ft. Four of the proposed zero lot line lots will require waivers to
the lot frontage requirement, two of the lots will require waivers to the minimum
lot width requirement and twenty-four of the lots will require waivers to the
minimum lot size requirement. Three of the proposed lots are conventional lots
and will required waivers to the lot frontage requirement, lot width requirement,
lot depth requirement and lot size requirement. The applicant has requested the
appropriate internal adjustments and waivers for these deficiencies. Please refer
to attached Waiver Matrix for specific lot information regarding these waivers.
The applicant has requested reductions for the zero lot line lots in the front yard
setbacks from 20' to 10', 14' 15' and 18', side setbacks from 15' to 10' and rear
setbacks from 10' to 5'. Also requested for the zero lot line lots are reductions in
the side yard pool setbacks from 10' to 3'.
Reductions are requested for the conventional lots in the front yard setback from
25' to 10' and 18'; and the rear yard setback from 10' to 5'. Reductions in the
side yard pool setbacks from 10' to 3' are requested for the three conventional
lots as well. Additionally, reductions in the required rear building setback from
25' to 5' and side street setback from 30' to 0' are requested for the townhomes.
Please refer to attached Waiver Matrix for specific lot adjustments.
Internal Adjustments:
Pursuant to LDR Section 2.4.7(C), adjustments to site and development plans
may be granted by the Board which is empowered to approve or deny the site
Planning and Zoning Staff F'-"3rt
Master Development Plan for 'Old Palm Grove
Page 6
and development plan. Pursuant to LDR Section 2.4.7(C)(5) Findings: the body
granting an adjustment must find that the adjustment does not "diminish the
practical application of the affected regulation, and that "by granting such relief a
superior development project will result."
Waivers:
Pursuant to LDR Section 4.3.1(D), no yard or lot existing at the time of the
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 minimum requirements established by 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 non-conformity.
The developer has provided the basis and reasons for the waivers and internal
adjustments which can be found in the attached justification statement. A
summary of those justifications are provided below.
'9'he requested waivers do not adversely affect the neighboring area. Just
the opposite. By introducing a collection of new single family homes in
east Delray, Old Palm Grove will help stabilize an area that is
characterized in the report as blighted and unstable.
Public facilities will not be diminished. Water and sewer service already
exist at the site. Off site drainage is provided for. New Urban is proposing
to further upgrade Royal Palm Boulevard with old Chicago bricks as a new
surface, helping to create the unique neighborhood environment. Two
open "squares" around which a number of homes are located wi// be
improved with native plant materials relocated from on site. These squares
will be open to the public. And New Urban is cooperating with the CRA to
create a new, neighborhood park, fully landscaped at New Urban's
expense, that wi//be part of the planned public bikepath system for the
area.
Additional owner occupied housing will contribute to the safety and
stabilization of the area. A number of dilapidated structures will be
removed and replaced with elegant detached homes.
Old Palm Grove will offer a diversity of housing product and help stabilize an
area that is characterized in the report as blighted and unstable. It is a unique
opportunity to allow homebuyers to purchase new single family homes in east
De/ray. The skyrocketing value of land in east De/ray is well documented. This
has made it extremely difficult to build single family detached housing in the area.
in fact, other than custom teardowns, virtually little new detached housing has
been constructed east of US I in the City in recent memory. The developers of
Old Palm Grove have voluntarily reduced the number of homes permitted to be
built on the site by neariy 25% in an effort to deliver single family housing on the
Planning and Zoning Staff Ir-'3rt
Master Development Plan fo, Old Palm Grove
Page 7
site. The single family homes have been carefully designed to provide for private
space for each homeowner, as well as to define streets and public spaces.
Old Palm Grove, by contrast, is not gated. It has upgraded facilities the public
may enjoy: old Chicago brick streets, upgraded specialty lamps, "squares" with
native landscaping and an integrated pedestrian pathway that will link Palm Trail
and North Federal Highway. There is also the land contribution of a
neighborhood pocket park that enhances the bike path. Landscaping materials
will be provided by New Urban that are on site and native to the coastal ridge.
In summary, the unique design of Old Palm Grove is a creative response to an
infill location along a busy highway. Old Palm Grove will help stimulate new,
quality development in an area that is identified as blighted. It will also provide
the additional security and the reassurance investors need to devote more
financial resources to the area. The North Federal Highway Plan states: "It
should be the private sector rather than the public sector that is the driving force
behind the redevelopment initiative along North Federal Highway. The role of the
public sector is to provide direction, remove obstacles, (emphasis added) and
promote the area.'
The requested waivers meet the standards established for granting them, and
are inconsequential when measured against the substantial benef'rts provided by
this new community. Thank you, and the entire City staff, for your assistance in
refining our plans.
Based on the above justifications the developer feels a superior project will be
provided. In, addition to the above statement the design includes New Urbanism
or TND (Traditional Neighborhood Development) design principles, which include
front porches and alleys with garages primarily accessed off the alleys to provide
a better sense of community and neighborhood interaction. In order to provide
alleys, additional land area normally devoted to lots was consumed, thus, lot
sizes and dimensions had to be reduced accordingly.
With respect to the request for the reduced side yard, rear and front setbacks for
the single family zero lot line homes, a 10' building separation will be maintained
between units. A 10' building separation has been granted for other PRD
projects such as Windy Creek, Clearbrook, Delray Lakes and Hammock
Reserve. Additionally, the reduction in the lot area, frontage and width is
justifiable as the lots are all at least 80' deep with the deepest lot being 107'
deep. This allows for greater open space area and additional individual lot
amenities such as pools with pool decks. Within the North Federal Highway
Redevelopment area there are no new single family detached housing
developments, however, there are several townhome developments. The
establishment of new single family detached housing will help to stabilize an area
which is suffering from blighted and unstable conditions.
Planning and Zoning Staff F'~':':3rt
Master Development Plan for Old Palm Grove
Page 8
LDR Section 4.4.7(F) Development Standards within the PRD Zoninq
District:
The following standards apply to the overall development project:
(a) At least 50% of the units must be in single family detached units where'
the overall density is six units per acre or less.
The overall density of the project is 9.5 units per acre and 75% (33 units)
are single family zero lot line units while 11 units are multiple family
townhomes.
(b) 20% of the gross area of the site must be placed in common open
space where the overall density is greater than six units per acre.
The site contains 4.623 acres requiring .92 acres of common open space,
and .57 acres (12.3%) of common open space have been provided.
Therefore, the applicant has requested an internal adjustment to this
requirement.
Pursuant to LDR Section 2.4.7(C), adjustments to site and development plans
may be granted by the Board which is empowered to approve or deny the site
and development plan. Pursuant to LDR Section 2.4.7(C)(5) Findings: the body
granting an adjustment must find that the adjustment does not "diminish the
practical application of the affected regulation, and that "by granting such relief a
superior development project will result."
Common open space is provided throughout the site in two common open space
areas and a pocket park with a tot lot (located in the adjacent neighborhood to
the south) and common amenities, a recreation area with a pool and cabana are
provided. While the development does not meet the common open space
requirement, the developer has purchased a lot (Lot 18, La Hacienda
subdivision) to be developed as a pocket park for public use. The developer will
improved this lot in response to the N. Federal Highway Plan, which calls for a
neighborhood pocket park in this general area.
(c) Minimum site area is five acres.
The proposed site area is under the required 5 acres at 4.623 acres.
However, the City Commission at its meeting of February 19, 2002
approved a waiver to the 5 acre minimum site area to allow 4.623 acres.
It is noted, that an abandonment application is currently being processed
for Royal Palm Boulevard, which contains 0.63 acres. If the abandonment
is granted the total site area will exceed the minimum 5 acre site area
requirement as 5.262 acres would be provided.
Planning and Zoning Staff F"-"3rt
Master Development Plan fo, Old Palm Grove
Page 9
LDR Section 4.4.7(H)(2) Special Requlations within the PRD Zoninq District
Prior to approving a Master Site Plan, the Planning and Zoning Board must
make findings that:
(a) The development plan provides for an effective and unified
treatment of the development potential of the site, making appropriate
provisions for the preservation of scenic features and amenities of the site.
The majority of the site was previously operated as a nursery, and is covered
with mature quality specimen trees. With this development proposal
approximately 133 trees are to be preserved on site. In addition, two common
passive open space areas are being provided as well as a community pool. A
0.16 acre pocket park within the La Hacienda subdivision (to the south) is being
provided, a tot lot will be constructed on this lot and landscaping installed. The
pocket park will serve the residents of Old Palm Grove as well as the adjacent
neighborhood to the south. The proposed subdivision takes advantage of the
existing mature trees on site and provides for common open space and
recreation areas. Thus, it can be determined that the development plan provides
for an effective and unified treatment of the development potential of the site with
appropriate provisions for the preservation of scenic features and amenities of
the site.
(b) The development plan fosters harmony with existing or
proposed development in areas surrounding the site.
The site is located in a mixed use area consisting of residential and commercial
land uses. The proposal is integrated well with the existing community by
creating pedestrian and vehicular access, which are open to the public, to
adjacent neighborhoods. The development proposal involves the construction of
single family homes with middle to high income price ranges. It is a goal of the
North Federal Highway Redevelopment Plan to construct single family housing
within the redevelopment area. The proposed development is unique as it is
primarily single family while much of the housing being constructed east of U.S.
Highway 1 has been multiple family. The development plan will foster harmony
with existing and proposed development in the surrounding area.
(c) Buildings in the layout shall be an integral part of the
development and have convenient access to and from adjacent uses and
blocks.
The buildings have been laid out as an integral part of the development and
provide convenient pedestrian and vehicular access to and from adjacent
neighborhoods. Eastview Avenue and Federal Highway provide both vehicular
and pedestrian access and a bicycle/pedestrian path is proposed to connect to
the neighborhood to the south.
Planning and Zoning Staff F--~rt
Master Development Plan fo, Old Palm Grove
Page 10
(d) In the multiple family portion, individual buildings shall be
related to each other in design, masses, materials, placement, and
connections so as to provide a visually and physically integrated
development. Treatment of the sides and rear of buildings shall be
comparable in amenity and appearance to the treatment given to the front. '
The two multiple family buildings located on N. Federal Highway relate to each
other in design, mass, placement, connection and provide for a visually and
physically integrated development. These buildings also provide a good buffer
for the single family component from N. Federal Highway. However, it is noted
that greater architectural elements and differentiation will need to be provided on
the side and rear elevations of the townhomes, which is attached as a condition
of approval. The single family zero lot line homes have exceptional elevations
and relate very well to each other as well.
(e) The landscape treatment for plazas, streets, paths, and service
and parking areas shall be designed as an integral part of a coordinated
landscape and street furniture design.
The coordinated landscape treatment for this project involves a street tree
program, where trees 30' on center will be provided on either side of the street
system throughout the development. In addition the common open space areas
have been designed as an integral part of a coordinated landscape design. The
provision of Chicago brick streets and sidewalks enhance the design.
(f) The location, shape, size, and character of the common open
space must be suitable for the contemplated development in terms of
density, population characteristics, and housing types;
The recreational features provided within this development include a pool with
cabana, and two common open space areas. Additionally, a pocket park is
proposed which will serve both the surrounding neighborhoods and the proposed
neighborhood. The pocket park will include a tot lot and a pedestrian connection
to the neighborhood to the south and to the sidewalks which are provided
throughout the development. While the community pool primarily serves the
townhomes, private pools can be accommodated on all the lots within the
subdivision. The location, shape and size of the common open space is suitable
for the density and characteristics of this infill development.
(g) Common open space must be used for amenity or recreational
purposes and must be suitably improved for its intended use. Natural
features, worthy of preservation, shall be incorporated into the common
open space system;
The two common open space areas within the development are a featured
amenity of the proposal. The mature specimen quality trees which exist on site
will either be preserved in place or relocated to the common areas. However, it
is noted that, benches should be scattered the common areas, which would help
to further this standard.
Planning and Zoning Staff t' 9rt
Master Development Plan fo, Old Palm Grove
Page 11
(h) Roads, pedestrian ways, and open space shall be designed as
an integral part of the overall design and shall be properly related to
buildings and appropriately landscaped;
As previously described, the roads, pedestrian ways and open space are
designed as an integral part of the overall development and appropriately
landscaped. Additionally, the proposal provides for alleys to allow for rear
access to many of the units, which furthers the overall design of the development
as a traditional neighborhood.
(i) There shall be an adequate amount of pedestrian ways and
landscape spaces to limit pedestrian use of vehicular ways, and to
separate pedestrian ways and public transportation loading places from
general vehicular circulation;
A sidewalk system is provided throughout the development which is separated
from roadways by swales. Thus, there should be no conflicts. It is noted the
sidewalk is only provided on one side of the street. A waiver to the requirement
of providing a sidewalk on both sides of the street has been requested south of
Royal Palm Boulevard, based upon the desire to provide extensive mature street
tree plantings. The two common open spaces physically separate the roadway,
one being a roundabout type feature and the other creating a boulevard. Thus,
adequate amount of pedestrian ways have been provided to limit pedestrian use
of vehicular ways.
(j) The location and design of pedestrian ways should emphasize
desirable views of new and existing development.
The pedestrian ways traverse along the roadway and provide views to the
homes, streetscape, and open space features of the site.
(k) Tot lots and recreational areas shall be a feature of all new
housing developments which utilize PRD zoning districts.
A tot lot is to be provided within the pocket park located on Lot 18, which is
situated in the neighborhood to the south (La Hacienda subdivision). Not only
will the pocket park serve the proposed development but it will provide for a
recreational area to the adjacent neighborhood. Details regarding the type of
equipment to be placed in the tot lot area will be approved by SPRAB concurrent
with the approval of the architectural elevations.
LDR Chapter 4.6 Supplementary District Requlations:
ParkinR:
Pursuant to LDR Section 4.6.9(C)(2)(a) & (c), single family and multiple family
structures require 2 parking spaces per dwelling unit. Multiple family residential
structures require 0.5 guest spaces for the first 20 units. The development
proposal would require 66 parking spaces for the 33 single family zero lot line
Planning and Zoning Staff F~ort
Master Development Plan fo, Old Palm Grove
Page 12
units and the multiple family townhomes require 28 parking spaces. Therefore, a
total of 94 parking spaces are required and 108 parking spaces have been
provided. One hundred (100) parking spaces are proposed within the 2 and 3
car garages and 8 on-street parking spaces will been provided on the north side
of Royal Palm Boulevard. Based on the above, this requirement has been met.
Site Li~htinq:
Pursuant to LDR Section 4.6.8 (Lighting), lighting is required on site for new
development proposals. A site lighting and photometric plan has not been
provided. However, site lighting locations have been indicated on the master
plan. The applicant has indicated that the proposed lighting will be ornamental
lamps, the same style as were recently installed on West Atlantic Avenue.
Attached as conditions of approval is that specific details for all lighting (wall
mounted, street lighting, etc.) be provided and that a site lighting and photometric
plan be submitted indicating the locations of all lighting.
· LDR Section 4.6.14 Visibility at Intersections:
Street Intersections:
Pursuant to LDR Section 4.6.14(A)(2), when property abuts the intersection of 2
public rights-of-way, all landscaping within the triangular area [two (2) sides of
the triangle being 40' in length along the abutting public right-of-way lines,
measured from their point of intersection, and the third side being a line
connecting the ends of the other 2 lines] shall provide unobstructed cross-
visibility at a level between 3' and 6' in height.
At the intersection of Royal Palm Boulevard and N. Federal Highway, reduced
sight visibility triangles have been provided (approximately 27' & 32'). The
applicant has requested a waiver to the requirement.
Waiver Analysis:
The applicant has submitted a waiver request to the above regulation. 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)
(b)
(c)
(d)
Shall not adversely affect the neighboring area;
Shall not significantly diminish the provision of public facilities;
Shall not create an unsafe situation; or,
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.
From the drivers' position in the vehicle, the actual sight visibility triangle is
approximately 40', with approximately 50' to the travel lane. Vehicles may only
turn right when exiting the development as a median exists in the Federal
Highway right-of-way. Additionally, a heavily landscaped chain link perimeter
Planning and Zoning Staff F ~ort
Master Development Plan f~,, Old Palm Grove
Page 13
fence with a 0' visibility triangle currently exists on the south comer of Royal
Palm Boulevard and N. Federal Highway. This fence is being removed with the
proposed improvements significantly improving this situation. Given these
conditions, the reduction of the sight visibility triangle from 40' to 27' & 32' for the
intersection of Royal Palm Boulevard and N. Federal Highway is appropriate. As
such, granting the requested waiver will not have an adverse affect on the
neighboring area, or diminish the provision of public facilities. Given the
conditions under which this waiver is being requested it is reasonable to believe
that the waiver would be granted elsewhere under similar circumstances.
Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5), can be
made.
Other Items:
Reduction in Pavement Width:
Pursuant to LDR Section 6.1.2(B)(3), the required pavement width for a local
street is 24'. The development proposal provides a 22' wide paver brick drive
aisle width with 2' of valley curb and gutter on both sides of the pavement.
Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City
Engineer, and with the approval of the Fire Marshal, the City Commission may
authorize a reduction in the minimum required width of paving if it is determined
that the requirements of this subsection would not be feasible or would constitute
a hardship in a particular instance and provided this reduction would not
endanger public safety and welfare.
The City Engineer has reviewed the request to reduce the pavement width from
24' to 22' and is in support of the reduction. The reduced pavement width will
provide for 20' of pervious surface which is bordered by a 2' valley curb on each
side. While our city standard does not provide for the reduced pavement width
when using a valley curb, this is an acceptable standard for many other
municipalities and Palm Beach County. The Fire Marshal is in support of the
request. However, a 10' wide driveway is provided to access Lots 18 and 19 and
the Fire Marshal has indicated that the reduced pavement width can create some
problems with access of fire safety vehicles and traffic circulation should vehicles
be allowed to park on the side of the driveway. Thus, in order to provide
adequate access and to insure the public safety and welfare of the residents, the
driveway must be increased to 12' at the comers and "no parking" signs must be
installed. Based on the above, staff supports the waiver request to reduce the
pavement width conditioned upon the driveway being increase to 12' at the
comers and "no parking" signs being installed.
Dead-End Streets and Cul-de-sacs:
Pursuant to LDR Section 6.1.2(B)(4)(a), dead-end streets without the provision of
a turnaround are prohibited. Generally, a cul-de-sac shall be required; however,
in unique situations where a cul-de-sac cannot reasonably be accommodated
either a "T" or "hammerhead" turn around may be accepted by the Local
Planning Agency if approved by the Fire Marshal.
Planning and Zoning Staff Ir~- ort
Master Development Plan fu, Old Palm Grove
Page 14
There are three dead-end street conditions being proposed within this
development that are approximately 150' in length with no provision of a turn
around. These are alleys which service the rear of the units and will not be
normally accessed by emergency vehicles. The Fire Marshal has accepted the
dead-end conditions as primary access will be readily available from the primary
street. The dead-end street conditions function as alleys with the individual
garages loading off the rear of the structure.
Sidewalks:
Pursuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk is required along both
sides of the streets throughout the development. Pursuant to Section
6.1.3(D)(1)(b), where it is clear that the sidewalk will not serve its intended
purpose, the requirement for sidewalks on both sides of a street may be reduced
to installation of a sidewalk along only one side of the street, during the site plan
or plat process, as appropriate.
The applicant has submitted a waiver request to install a sidewalk along only one
side of the street. The request is supportable as it will allow for mature trees and
extensive landscaping throughout the development. It is noted that a sidewalk
has been provided along both sides of Royal Palm Boulevard. Based upon the
above, a waiver is recommended for the installation of a sidewalk along one side
of the road
Plat:
The development proposal represents a major subdivision requiring both
preliminary and final plat approvals. A plat has not been submitted to date,
however if the Master Development Plan is approved, it can be anticipated that
the plat will be submitted shortly.
Abandonment of Royal Palm Boulevard:
The remainder of Royal Palm Boulevard is proposed to be abandoned as part of
this development proposal. The abandonment is being processed as a separate
application.
Site Plan Technical Items: While the revised site plan has accommodated
most of the staff concerns the following items remain outstanding, and will
need be addressed prior to issuance of a building permit.
1. That the existing parallel parking spaces along the east side of the Federal
Highway be indicated on the master plan and engineering plan.
Fire Technical Items: While the revised site plan has accommodated most
of the staff concerns the following items remain outstanding, and will need
be addressed prior to issuance of a building permit.
Planning and Zoning Staff F ort
Master Development Plan fu, Old Palm Grove
Page 15
1. That a NFPA 13D fire sprinkler system be provided for in all three-story
buildings.
2. That no parking signs be installed adjacent to the 10' access drive, which
serves Lots 18 & 19.
3. That the 10' access drive, which accesses Lots 18 & 19 be widened to 12' at
the two curves.
4. That concrete or paver bricks be provided on the east access road between
Lots 33, 34, 35 and 36, to sustain a 26 ton vehicle for the 45' radius turn.
Engineerinq Technical Items: While the revised site plan has
accommodated most of the staff concerns the following items remain
outstanding, and will need be addressed prior to issuance of a building
permit.
1. Provide HRS permits for water and sewer main extensions.
2. Provide SFWMD Permit Modification.
3. Provide storm water drainage calculations.
4. Water main is to be C-900 PVC.
5. Indicate pipe sizes and material for water, sewer and drainage mains.
6. Provide pavement marking and traffic control plans.
7. Indicate paving section specifications for all proposed roadways.
8. Utilize standard city utility details.
9. Provide rim and invert elevations on proposed sanitary and drainage
structures.
lO. Provide FDOT driveway, drainage, and utility permits. A hold harmless
agreement will be required prior to the City signing the utility permit
application.
11. Provide existing and proposed grades. Indicate finished floor elevations.
12. Provide typical section at all property lines where they abut adjacent
residential or commercial properties.
13. Indicate detail of pavement connection to Eastview Avenue.
14. Indicate typical turning movements for vehicles egressing garage at unit #24,
#19, and #15. Indicate fire vehicle turning movements at entrance park,
Eastview Avenue, u-turn movement at unit #37, etc.
Planning and Zoning Staff F~-3rt
Master Development Plan f(,, Old Palm Grove
Page 16
15. Provide certified engineer's estimate for all water and sewer improvements.
A 110% surety and 2% engineering inspection fees will be required.
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, which
pertain to the Master Development Plan.
Future Land Use Element:
Objective A-1:
Property shall be developed or redevelopment, 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.
Physical Considerations: A restaurant exists on the subject property as well as
a single family home and a vacant nursery. There are numerous existing
specimen quality trees which exist on the former nursery site. The applicant is
proposing to retain or relocate approximately 133 trees on the site. Therefore,
the vacant portion of the property is being developed in a manner so that the
proposed single family zero lot line and townhome development is appropriate in
terms of soil, topographic and other physical considerations.
Complementary With Adjacent Land Uses: See discussion in policy below.
Fulfills Remaininq Land Use Needs: The background and analysis section of
the Housing Element of the City's Comprehensive Plan identifies the greatest
remaining housing need as that of single family housing affordable to families
earning 120% to 200% of the median income. The applicant has indicated that
the townhomes will be priced to start at $200,000 and the single family zero lot
line homes will be priced to start at $400,000, which is on the high end of this
income level. The proposal will fulfill a need for new single family residential
development within the North Federal Highway Redevelopment Area.
Policy A-2.3: Development of remaining vacant properties shall occur in a
manner, which is consistent with and complementary to adjacent
development regardless of zoning designations. This policy shall be
implemented through the review process associated with platting and site
plans.
The development proposal is to construct 33 single family homes and 11
townhomes which will be fee simple ownership. To the north is zoned RM
(Multiple Family Residential- Medium Density) and GC (General Commercial);
to the east is zoned RL (Multiple Family Residential - Low Density) and RM
(Multiple Family Residential- Medium Density); to the west is zoned RL (Multiple
Family Residential - Low Density) and GC (General Commercial); and to the
Planning and Zoning Staff F'-73rt
Master Development Plan f~,. Old Palm Grove
Page 17
south is zoned RL (Multiple Family Residential - Low Density) and GC (General
Commercial). The 104 unit Estuary townhouse development (including phase II)
exists to the east; residential property to the north; to the south is a single family
residential and commercial use and a commercial use (Goodwill Industries) to
the west. While the subdivision to the north contains mixed residential uses of
single family, duplexes, and multiple family developments with similar densities
(8.8 units per acre) and may even contain high densities given that some of the
lots contain non-conforming multifamily developments.
The development proposal provides for a 6' black vinyl coated chain link fence,
except for the eastern perimeter of the property where the 6' high concrete wall
enclosing the Estuary exists. Adequate separation and buffering between the
proposed development and the adjacent subdivisions has been provided.
However, it is noted that the proposed development provides vehicular and
pedestrian access from adjacent neighborhoods, which is a goal of the North
Federal Highway Redevelopment Plan. Based on the above, the project will be
developed with a complimentary density to adjacent developments.
Policy C-1.4 The following pertains to the North Federal Highway Corridor:
The North Federal Highway Corridor is defined as the area bounded by the
FEC railroad right-of-way to the west, the easterly boundary of the CRA to
the east, George Bush Boulevard to the south, and the north City limits to
the north.
Properties in the corridor that front on Federal Highway primarily contain
small-scale, strip commercial development. Many parcels in the area
contain vacant or dilapidated structures, substandard parking, and
substandard landscaping. The area also contains residential areas
identified as "Stabilization" and "Revitalization" on the Residential
Neighborhood Categorization Map contained in the Housing Element.
North Federal Highway is identified as a blighted area.
The City Commission at its meeting of March 16, 1999 adopted the North
Federal Highway Redevelopment Plan. The goals are to improve the
appearance of the area, provide for increases in permitted residential densities
adjacent to the Intracoastal Waterway, and to stimulate the revitalization of the
North Federal Highway Corridor by encouraging new residential development.
The new residential development will help to stimulate commercial development
along Federal Highway by creating demand for goods and services in the area.
Thus, the proposal helps to fulfill several of the items listed above.
Housing Element:
Objective B-2
Redevelopment and the development of new land shall result in the
provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and
Planning and Zoning Staff
Master Development Plan f~, Old Palm Grove
Page 18
meet the housing needs identified in this Element. Policies, which will
implement this objective, include:
Policy B-2.2 - The development of new adult oriented communities within
the City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages; especially families with
children, and shall be required to provide 3 and 4 bedroom units and
activity areas for children ranging from toddlers to teens. This requirement
may be waived or modified for residential development located in the
downtown area, and for infill projects having fewer than 25 units.
Policy B-2.3 - New housing developments shall include a range of housing
types that offer variety in size, color, and style.
As discussed earlier, the development proposal provides for owner-occupied
housing stock that that can help to fulfill a remaining housing need. The
development proposal is not geared towards an adult community, however, given
the price range of the units, they will most likely appeal to an older clientele,
empty nesters or seasonal residents. All of the units contain three and four
bedrooms with alternate floor plans, which provides for a variety in size, color
and style. Given the developments relatively small size, and the fact that the
units are owner occupied (versus rentals), this is not a major concern. The
developer is purchasing a lot to accommodate a public pocket park, with a tot lot
and a community pool has been provided on site, thus addressing the
requirement.
Conservation Element:
Conservation Policy B-2.1 The submission of a biological survey and a
habitat analysis shall accompany land use requests for plan amendments,
rezoning, and site plan approval. However, the requirement shall not apply
to small parcels, developed parcels, or where it is apparent that there are
not such resources.
Conservation Policy B-2.2 Whenever and wherever significant or sensitive
flora and fauna communities are identified pursuant to Policy B-2.1, they
shall be preserved as if they were environmentally sensitive areas as
identified in Objective B-I.
The above policies are applicable to this development proposal. A tree
survey was provided. The survey identified a number of existing mature
quality specimen trees (approximately 133 trees) on the site which are
proposed to be preserved. A preservation plan should be incorporated
with the landscape plan and submitted for review by the Site Plan Review
and Appearance Board, this item is attached as a condition.
Planning and Zoning Staff F~ort
Master Development Plan f(., ,.)Id Palm Grove
Page 19
Open Space and Recreation Element:
Open Space and Recreation Policy B-1.1 Large open space areas like golf
courses and lakes, when deVeloped within a subdivision, shall be located
so that they provide a view corridor for the general public. Similarlyi
common areas which are a part of new developments shall be located, in
some degree, contiguous to the external street system and likewise
provide a view corridor.
The Master Development Plan provides for two main common open space
areas which are located along a road to provide a view corridor for the
residents of the proposed development, which will be visible from adjacent
Eastview Avenue. In addition, enlarged pedestrian tracts with 5' wide
sidewalks are proposed as well as a common recreational area which has
been placed in a central location. The common recreational area contains
a swimming pool and cabana and will primarily serve the adjacent
townhomes but will be available for use to the entire development. Lot 18
of the La Hacienda Subdivision, which is located immediately to the
southeast adjacent to the proposed development, is being purchased by
the developer for use as a pocket park. This pocket park will serve all
surrounding neighborhoods including the Old Palm Grove neighborhood.
Therefore the intent of this policy has been met.
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, written materials submitted by the applicant, the staff
report, or minutes. Findings shall be made by the body which has the
authority to approve or deny the development application. These findings
relate to the following areas:
Section 3.1.1 (A) - Future Land Use Map:
The subject property has a Future Land Use Map designation of MD (Medium
Density Residential/5-12 dwelling units per acre), and is currently zoned PRD
(Planned Residential Development). Pursuant to LDR Section 4.4.7 within the
PRD zoning district, zero lot line developments and multiple family structures are
allowed as permitted uses. Based upon the above, it is appropriate to make a
positive finding with respect to consistency with the land use plan designation.
Section 3.1.1 (B) - Concurrency:
As described in the 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, and solid waste.
Planning and Zoning Staff FT-3rt
Master Development Plan fo, Old Palm Grove
Page 20
Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions):
As described in Appendix B, a positive finding of consistency can be made as it
relates to Standards for Site Plan Actions.
Section 3.1.1 (D) - Compliance With the Land Development Requlations:
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.
Section 2.4.5 (F)(5) - Compatibility (Site Plan Findinqs): 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 cause substantial
depreciation of property values.
The development of single family homes and townhomes will be compatible and
harmonious with adjacent and nearby properties. The proposal fulfills a need
identified in the adopted North Federal Highway Redevelopment Plan to
encourage and provide additional residential development in the study area.
Additionally, a pocket park is being created with access taken off of Lake Avenue
North and will serve the surrounding neighborhoods, including Old Palm Grove.
The development proposal also provides for both vehicular and pedestrian
connections to existing neighborhoods to the south. The development proposals
location adjacent to commercial and existing residential neighborhoods is not a
concern, however a 6' high vinyl clad chain link fence is proposed around the
entire project except for the eastern boundary where a concrete block wall
currently exists as part of the Estuary development. Thus, the development will
be compatible and harmonious with adjacent and nearby land uses and should
increase property values of the area.
Community Redevelopment Aqency:
At its meeting of May 1, 2002, the CRA (Community Redevelopment Agency)
tabled the development proposal to the May 23, 2002 meeting. The CRA was
generally in support of the project, however their formal recommendation will be
provided at the City Commission meeting regarding the waiver requests.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
Progressive Residents of Delray (PROD)
President's Council
Planning and Zoning Staff F'~"~rt
Master Development Plan fo, ,.)Id Palm Grove
Page 21
Kokomo Key
LaHacienda
North Palm Trail
Letters of support and objection, if any, will be presented at the Planning and
Zoning Board meeting.
ASSESSMENT AND CONCLUSION
The development proposal consists of 33 single family homes and 11
townhomes. The proposed Master Development Plan and Narrative for Old Palm
Grove are consistent with the zoning and Future Land Use Map designation for
the subject property. Positive findings can be made with regard to Concurrency
and Comprehensive Plan consistency. The specific findings regarding
compatibility and special regulations, required by LDR Sections 2.4.5(F)(5) and
4.4.7(H)(2) can also be made.
The proposal includes numerous requests for internal adjustments, however
most of those adjustments pertain to the zero lot line homes based upon the
traditional neighborhood design which includes alleys. The other adjustments
such as reduction in side yard setbacks to accommodate a 10' building
separation, front yard setbacks and reduced side yard setbacks to pools are not
uncommon for this type of development and have been approved for other such
master planned projects. The internal adjustments are supportable as they will
result in a superior product.
There is some concern regarding the small size of the lots and large scale of the
proposed units. However, the waivers can be supported based upon the need
for additional single family housing within the North Federal Highway
Redevelopment Area is critical to the revitalization of the corridor. The proposed
elevations are diverse and elaborate and the floor plans provide for three and
four bedrooms, which allow the homes to be very livable.
Continue with direction.
Approve the Master Development Plan for Old Palm Grove, based on
positive findings with respect to Chapter 3 (Performance Standards),
Section 2.4.5(F)(5) and 4.4.7(H)(2) Finding of Compatibility and Special
Regulations of the Land Development Regulations and the goals,
objectives and policies of the Comprehensive Plan subject to conditions.
Deny the Master Development Plan for Old Palm Grove, based upon a
failure to make positive findings with respect to the Land Development
Regulations; LDR Section 2.4.7(C)(5), in that the intemal adjustments
being requested diminish the practical application of the affected
Planning and Zoning Staff F--ort
Master Development Plan fu, Old Palm Grove
Page 22
regulations and that a superior development project does not result, and
that the requested waivers are not necessary and appropriate.
STAFF RECOMMENDATION
,I
By Separate Motions:
Waivers:
Recommend to the City Commission approval of the following waivers:
Reduction of the minimum lot area requirement from 4,500 sq. ft. as
described in the attached waiver matrix, in that it is necessary and
appropriate to create such a non-conformity.
Reductions of the minimum lot width requirement for zero lot line lots from 60'
for corner lots to 54' for Lot 40 and 55' for Lot 27, in that it is necessary and
appropriate to create such a non-conformity.
C. Reduction of the minimum lot frontage requirement for zero lot line lots from
40' for interior lots to 15' for Lots 16 and 21; and from 60' for corner lots to 55'
for Lot 27 and 54' for Lot 40, in that it is necessary and appropriate to create
such a non-conformity.
D. Reduction of the minimum lot area requirement for conventional lots from
7,500 sq. ft. to 5,304 sq. ft. for Lot 17; to 4,759 sq. ft. for Lot 22; and to 4,953
sq. ft. for Lot 35, in that it is necessary and appropriate to create such a non-
conformity.
Reduction of the minimum lot width requirement for conventional lots from 60'
to 55' for Lots 17 and 22 and 57' for Lot 35, in that it is necessary and
appropriate to create such a non-conformity.
Fo
Reduction of the minimum lot frontage requirement for conventional lots from
60' to 0' for Lots 17 and 22; and from 60' to 57' for Lot 35, in that it is
necessary and appropriate to create such a non-conformity.
G. Reduction of the minimum lot depth requirement for conventional lots from
100' to 96' for Lot 17; from 100' to 85' for Lot 22; and from 100' to 87' for Lot
35, in that it is necessary and appropriate to create such a non-conformity.
H. Recommend approval to the City Commission to reduce the pavement width
of the streets from 24' to 22' based upon positive findings with respect to LDR
Section 6.1.2(C)(3)(c).
Planning and Zoning Staff F ~ort
Master Development Plan fo, Old Palm Grove
Page 23
Internal Adjustments:
Ao
Bo
Approve the internal adjustments as requested for building setbacks and pool
setbacks in the attached matrix based upon positive findings with respect to
LDR Section 2.4.7(C)(5).
Approve the intemal adjustment to reduce the minimum required open space
area from 20% to 12.3%, based upon positive findings with respect to LDR
Section 2.4.7(C)(5).
Master Development Plan:
Approve the Master Development Plan for Old Palm Grove, based on positive
findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(F)(5)
and 4.4.7(H)(2) Finding of Compatibility and Special Regulations of the Land
Development Regulations and the policies of the Comprehensive Plan subject to
the following conditions:
1. That a plat be processed pursuant to Chapter 5 and be recorded prior to
issuance of building permits;
2. That "no parking" signs be provided for adjacent to the 10' driveway which.
access Lots 18 and 19;
5.
That the architectural elevations i.e. models, cabana, playground equipment,
wall, etc., master landscape plan and typical lot landscape plans providing
alternate plant pallets for each model be approved by SPRAB prior to final
plat approval.
That the two common open space areas, common recreational area and
pocket park located on Lot 18 of La Hacienda be completed by 40% build-out
of the project.
That specific details for all lighting (wall mounted, street lighting, etc.) be
provided and that a site lighting and photometric plan be submitted indicating
the locations of all lighting.
That a preservation plan be incorporated with the landscape plan and
submitted for review by the Site Plan Review and Appearance Board.
That benches be scattered throughout the common areas.
That greater architectural elements and differentiation will need to be
provided on the side and rear elevations of the townhomes.
That revised plans be submitted addressing the site plan, fire and engineering
technical items and conditions listed in this report.
Planning and Zoning Staff F--3rt
Master Development Plan fo, Old Palm Grove
Page 24
Attachments:
[]
[]
[]
[]
[]
Appendix A
Appendix B
Waiver Matrix
Master Development Plan
Preliminary Landscape Plan
Report Prepared by: Michelle E. Hoyland, Senior Planner
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: With respect to water and sewer service, the following is noted:
Water service is provided to the site via service lateral connections to existing 8" water
mains in the Royal Palm Boulevard and N. Federal Highway right-of-way and proposed 8"
mains internal to the site; with a connection ot the 8" main within The Estuary.
Sewer service is provided to the site via a service lateral connections to the existing 8"
sewer main within Royal Palm Boulevard and a proposed 8" main which will tie-in to the 8"
sewer main within The Estuary.
Adequate fire suppression is to be provided to the site via the existing and proposed fire
hydrants located throughout the development.
The Comprehensive Plan states that adequate water and sewer treatment capacity exists to
meet the adopted LOS at the City's build-out population based on the current FLUM. The
construction of 44 new dwelling units will have an insignificant impact on all public services and
was anticipated for this property and was factored into the plan. Thus, a positive finding with
respect to this level of service standard can be made.
Streets and Traffic: A traffic study has been submitted which indicates that the 44 dwelling units
will generate 225 Average Daily Trips. Per the Palm Beach County Traffic Performance
Standards Ordinance, residential projects located east of 1-95 are exempt from the traffica
concurrency. In addition, no LOS concerns are noted on the adjacent surrounding roadway,
including N. Federal Highway.
Parks and Recreation Facilities: The proposed 44 residential units will not have a significant
impact with respect to level of service standards for parks and recreation facilities. Pursuant to
LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to
issuance of a building permit for each unit. A total fee of $22,000 will be required of this
development for parks and recreation purposes.
Solid Waste: Trash generated each year by the 44 units is 87.56 tons of solid waste per year
(44 units x 1.99 tons of solid waste per year = 87.56 tons). The trash generated by this
proposal can be accommodated by existing facilities, therefore, a positive finding with respect to
this level of service standard can be made.
Drainage: Drainage will be accommodated on site via an exfiltration trench system and
connections to the existing 24" storm drain system located on the east side of the project.
There should be no impact on drainage as it relates to this level of service standard.
I
...... ~ ............ ~ STANDARDSFOR SITEPEANACTIONS ~ .~
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 submission of a photometric plan)
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
Does not meet intent
X
Open space enhancements as described in Policies found under Objective B-1 of the
Open Space and Recreation Element are appropriately addressed.
Not applicable
Meets intent of standard
Does not meet intent
X
The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the proJect shall not be permitted.
Not applicable X
Meets intent of standard
Does not meet intent
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
Does not meet intent
X
Vacant property shall be developed in a manner so that the future use and intensity
are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
Not applicable
Meets intent of standard
Does not meet intent
X
Planning and Zoning Staff Rep¢ -"
Master Development Plan for Olu Palm Grove
Page 27
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
Does not meet intent
X
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the proJect shall be
modified accordingly or denied.
Not applicable
Meets intent of standard
Does not meet intent
X
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
Meets intent of standard
Does not meet intent
X
mmml mmml
I
I
Z
0
x//
-, ~ -,7
b
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
RobertBarcinski, City Manager
A.
Assistant
May 29, 2002
AGENDA ITEM CITY COMMISSION MEETING JUNE 4, 2002
SPECIAL EVENT REQUEST-DADA ALL STAR INDEPENDENCE
JUBILEE
ACTION:
City Commission is requested to consider a request from DaDa's Restaurant to hold an "All Start
Independence Jubilee" on Sunday, July 7 from 1:00 p.m. to 8:00 p.m. on the grounds of Old
School Square. The event sponsor is requesting off-duty police assistance for security and traffic
control as well as EMS assistance.
BACKGROUND:
Attached is a request from DaDa's Restaurant to hold a musical evem on the grounds at Old
School Square on July 7th from 1:00 p.m. to 8:00 p.m. The event sponsor would fence in the site
and charge a $5.00 admission fee. The event would include entertainment, food, and beverage
vendors. Alcohol would be served. The purpose of the event is to fundraise for children's
programs at Old School Square.
The event sponsor would be responsible for event management, vendor approval, and site
cleanup. Attached is a detailed description of the event with a budget and site plan. This is a
new event.
Based on attendance EMS service may not be needed. The Police staff has reviewed the security
plan and feel additional police assistance is needed (a manning plan is attached) in addition to
that proposed by the event sponsor. Estimated overtime for Police and EMS service is $4,000 of
which $2,800 is estimated for Police overtime.
If EMS service is not needed, the event could be manned with off-duty officers at the detail rate
which would lower the cost by about $600.
U:~,AB'~A4~enda Request DaDa~doc
Old
School
Square
C U L T U R A L
ARTS CENTER
MEMORANDUM
Date: May 28, 2002
To: Robert A. Barcinski, Assistant City Manager
From: Peggy Murphy, Director of Center Service~q'
Re: DaDa All Star Independence Jubilee - July 7, 2002
Following are the Old School Square cost estimates for the DaDa All Star
Independence Jubilee:
Rental: $1,050.00
Sales Tax: 63.00
Supply Fee: 75.00
Technicians: 1,040.00
Total: $2,228.00
The rental is discounted at 30% (non-profit rate) from the standard large event
package rate of $1,500 for the Entertainment Pavilion. This is based on the fact
that all net proceeds will be donated to charitable and arts education
organizations. The dally maintenance supply fee of $75 covers all paper and soap
products for the event bathroom facilities. Stage technicians for the Pavilion
stage bill at $20 per hour per technician. For a large event such as this, a
minimum of 4 technicians are required. Set up will start at about 10:00am, with
sound check to follow; tear down of equipment scheduled until about 11:00pm.
An estimated 13 hours (10:00am - 11:00pm) times $80 per hour (4 techs x
$20/hr) = $1,040. This amount will increase if additional technicians are
required.
The proposal DaDa has submitted indicates that they will provide security at the
stage area and within the grounds to be supplemented by DBPD. All costs will be
paid by DaDa. In addition to the stage technicians, Old School Square will have
two additional staff personnel on to monitor grounds and bathroom facilities, with
the help of event staff and DBPD. If EMS personnel are required, all costs will be
paid by DaDa. ,
Old School Square, Inc.
51 North Swinton Ave.
Delray Beach, Florida 33444
Phone (561) 243-7922
Fax (561) 243-7018
Memo to Barcinski
DaDa All Star Independence Jubilee - luly 7, 2002
Page 1 of 2
05/~9/2002 16:21 5613306121 DADA PAC~ 02
The Dada KII $ -fir Independence Subllee-Sa. arday,
REVISED PROPOSAL
In order t~o attract the largest amount of visitors we have changed the date from July 4~ to Saturday,
July.~". More people will be able to attend the event and city resources will be more accessible.
Date of Event: JulyS2002
Time: lpm- gpm
Location: Old School Square Entertainment Pavilion
Event Coordination Team:
Contact Information:
Director- Todd Stone
Music Coordinator - Steve RuIlman
Food & Beverage Director- Bruce Feingold
Marketing Director- Jennifer Lawrence
Todd Stone
Hospitality Support Solutions.
561-373-6072
Or
Dada Restauran~ & Lounge
561-330-3232
Email: ts_dada~bellsouth.net
Benefiting Charities:
Old School Square's children's programs
Art & Music programs at three local public schools
Compass of Palm Beach Co.
~pollSOrS:
Dada Restaurant & Lounge
Southern Wine & Spirits
The BUZZ 103.1 WPBZ (New Media Sponsor)
Sam Adams Beer (New Beer Sponsor)
Closer Magazine
Hospitality Support Solutions
Old School Square Cultural Arts Center
The Honeycomb.eom
Pending Sponsors:
Palm Beach Post
WPBT Channel 5
Brief description of planned event:
As America celebrates Independence Weekend, young adults from across South Florida will
converge at Old School Square Entertainment Pavilion to enjoy a day packed with
entertainment. The concert will include music from a variety of different genre including rock
8: roi1, pop, jazz and blues. All profitz raised at the event will benefit local charities in the City
of Delray Beach and Palm Beach County. The Dada Independence Jubilee is an excellent
opportunity for Delray Beach to attract a younger audience from throughout South Florida.
05/09/2002 16:21 5613306121 DADA PAC-~ 83
The Dada KII 5 fir Independence Jubfle July lq
The Dada Independence Day Jubilee
The "Ali,,S..t, ar" History
On December 14~ of 2001, Dada Restaurant & Lounge hosted the first "All Star" charity
event. The "ls' annual Dada All Star Holiday Jam" was a great success. This event supported
the U.S. Marine Corps Reserves Toys for Tots program. Dada received the Marine Corps'
"Commander's ,4ward" for their part in collecting over 250 toys to be distributed to children
throughout Palm Beach County. During the Holiday lam musicians from around South Florida
converged at Dada and performed for the 400+ local patrons that donated so graciously during
the event. Never in Delmy has there been such a unique and diverse musical event. Now Dada
would like to continue the "All Star" tradition with "The Dada All Star Independence Jubilee."
The Dada/;71 S h~r lndependence Jubilee ~
The Dada hi1' St-fir Independence Jubilee will take place on July~ from l pm to I Opm at The
Old School Square Entertainment Pavilion; Palm Beach County's newest music venue. Bands
already scheduled to appear include: The Oroovenicks. Keith Scott, Spazimoto, The Yoke
Theory, Remember the Ocean, Whiflaway, A Kit~ is A Victim and Punk Shovel, with more
bands to be added soon. Pop, rock, jazz and blum are among the genre that will be showcas~
during the jubilee. All of the bands have donated their talents for a chance to contribute to the
community and perform at the event. Projected charitable contributions are derived from
admission, liquor and food sales totaling over $20,000!
A. uniaue and exciting music event - ri~_ht here in Delray Beach!
Delray Beach is quickly becoming a hotspot for restaurants, nightlife, music and culture. We
know Delray Beach recognizes the need to attract new visitors to the community. Our event
will bring new people into Delray Beach, which in turn, will.benefit local merchants of all
trades and services. Our demographic is the 21-40 year old South Florida resident, a key
demographic often hard to attract in South. Florida's tourist/rgtir~ environment. This event is
Mood for De_kay Beach., The Dada All Star Indel~ndence Jubile~ is uniquel In conjunction
with the City's evelltS, the Jubilee will make Delray Beach the prime destination for residents
and tourist across South Horida.
05/~9/2882 16:21 5613386121 DADA PAC.~E 84
%
The Dada KII 5+&r Independence Jubilee y July
Music overview:
Never before has a concert brought together this much local talent to one venue. These
musicians and artists have graciously donated their time to participate in this event and to have
the opportunity to raise money for our charitable organizations.
Committed, to play:
Pank Shovel - Modern Punk, D~lray Beach
The Yoko Theory - Acid Sazz with Dub Reggae, Defray Beach
b~azimoto- Rock & Roll
Remember the Ocean - Soothing rock balads
The Crrooventcks- Rock/Punk
Johnny Dangerously - old school dance
Ketth Scott - Chicago Blues (New Addtion)
Pending:
Local Story -_ Emo rock
Ktte ts a Vlcffm - Smooth mellow rock
Whlrlaway- Pop rock
A $5 admission fee will be collected at the entrance.
Food & Beverage:
Concessions to operate 2pm-gpm
Food provided by Dada Restaurant & Lounge
Liquor and Bccr provided by Southcm Wine & Spirils
LiQuor:
Charitable Liquor license provided by Moonflst Inc.
Any guest wishing to purchase alcoholic beverages must first obtain a wristband from the ID
checkpoint located at the admission gate. No alcoholic beverages will be permitted outside the
fenced area.
Sanitation and ...Clean-up:
?
BFI will supply a large dumpster to be placed on July 5rd and picked up on July 7th -
Oarbag¢ cans to be placed throughout fhe pavilion field. A clean-up crew will continually
m~intain the prelxl/$es and canvas the area immediately following the event.
85/89/2882 16:21 5613386121 DADA PAGE 85
The Dada Independence Jubilee- July h
Securi :
Pence to be placed alons perimeter oftbe pavilion.
Two security teams will consist of licensed/insured security experts.
police officers will be hired for additional security.
In addition, off duty
'Wristbands will be issued to adults a/e 21 and over for alcohol purchases.
Alcoholic beverages cannot be removed from the premises.
Security team (a)
1 offduty Delray Beach Police Officer
6 Professional Security officers
Security team (b) - B~ck-up (Will join existing security team (a))
1 additional off duty Delmy Beach Police Officer
3 additional professional security officers
Security Stations Staffing 2pm-6pm
Pavilion Stage Entrance (xl)
Stage perimetg (xl)
Admission Oat¢ (x2)
Exit gate (xl)
Floater (x 1)
Police Officer (Floater)
Security Stations Staffing 6pm-end
Pavilion Stage Entrance (x 1)
Stage perimeter (x3)
Admission Gate (x2)
Exit gate (x2 + Police Officer)
Floater (xl + Police Officer)
We arc currently socking D¢lray Beach's assistancc to provide craergcncy mcdical services for
the duration of thc cvent. Any associated costs would be added to thc listed budget.
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
May 29, 2002
AGENDA ITEM CITY COMMISSION MEETING JUNE 4, 2002
SPECIAL EVENT REQUEST-DADA ALL STAR INDEPENDENCE
JUBILEE
ACTION:
City Commission is requested to consider a request from DaDa's Restaurant to hold an "All Start
Independence Jubilee" on Sunday, July 7 from 1:00 p.m. to 8:00 p.m. on the grounds of Old
School Square. The event sponsor is requesting off-duty police assistance for security and traffic
control as well as EMS assistance.
BACKGROUND:
Attached is a request from DaDa's Restaurant to hold a musical event on the grounds at Old
School Square on July 7t~ from 1:00 p.m. to 8:00 p.m. The event sponsor would fence in the site
and charge a $5.00 admission fee. The event would include entertainment, food, and beverage
vendors. Alcohol would be served. The purpose of the event is to fundraise for children's
programs at Old School Square.
The event sponsor would be responsible for event management, vendor approval, and site
cleanup. Attached is a detailed description of the event with a budget and site plan. This is a
new event.
Based on attendance EMS service may not be needed. The Police staff has reviewed the security
plan and feel additional police assistance is needed (a manning plan is attached) in addition to
that proposed by the event sponsor. Estimated overtime for Police and EMS service is $4,000 of
which $2,800 is estimated for Police overtime.
If EMS service is not needed, the event could be manned with off-duty officers at the detail rate
which would lower the cost by about $600.
U:LRAB~_genda Request DaDa. doc
My concern is whether we could man the event due to the amount of staffing that will be needed
for the 4th of July event three days earlier. I also think their cost estimate in their budget for
fencing is too low.
RECOMMENDATIONS:
Staff recommends denial unless the event could be held without EMS service and they can hire
off-duty police officers. Approval would also be contingent on receipt of general liability and
liquor liability insurance certificates.
RAB/gb
Attachment
USRAB~Agenda Request DaDa. doc
Old
School
Square
C U L T U R A L
ARTS CENTER
MEMORANDUM
Date: May 28, 2002
To: Robert A. Barcinski, Assistant City Manager
From: Peggy Murphy, Director of Center Service~'
Re: DaDa All Star Independence Jubilee - July 7, 2002
Following are the Old School Square cost estimates for the DaDa All Star
Independence Jubilee:
Rental: $1,050.00
Sales Tax: 63.00
Supply Fee: 75.00
Technicians: 1,040.00
Total: $2,228.00
The rental is diScounted at 30% (non-profit rate) from the standard large event
package rate of $1,500 for the Entertainment Pavilion. This is based on the fact
that all net proceeds will be donated to charitable and arts education
organizations. The daily maintenance supply fee of $75 covers all paper and soap
products for the event bathroom facilities. Stage technicians for the Pavilion
stage bill at $20 per hour per technician. For a large event such as this, a
minimum of 4 technicians are required. Set up will start at about 10:00am, with
sound check to follow; tear down of equipment scheduled until about 11:00pm.
An estimated 13 hours (I0:00am - 11:00pm) times $80 per hour (4 techs x
$20/hr) = $1,040. This amount will increase if additional technicians are
required.
The proposal DaDa has submitted indicates that they will provide security at the
stage area and within the grounds to be supplemented by DBPD. All costs will be
paid by DaDa. In addition to the stage technicians, Old School Square will have
two additional staff personnel on to monitor grounds and bathroom facilities, with
the help of event staff and DBPD. If EMS personnel are required, all costs will be
paid by DaDa.
Old School Square, Inc.
51 North Swinton Ave.
Delray Beach, Florida 33444
Phone (561) 243-7922
Fax (561) 243-7018
Memo to Barcinski
DaDa All Star Independence Jubilee - July 7, 2002
Page 1 of 2
The event is to take place within the Entertainment Pavilion area. The east side
will be fenced, the south and west sides will be closed off by the shutters in the
covered walkway areas.
There is no provision in the proposal for liability insurance (to include liquor
liability). I have spoken with Todd Stone regarding this, and a line item will have
to be added to the budget if the policy at DaDa will not cover this event.
A copy of the event contract is enclosed. Please let me know if you have any
questions or need any additional information.
pm
enc.
Memo to Barcinski
DaDa All Star Independence Jubilee - July 7, 2002
Page 2 of 2
05/89/2002 16:2i 56i3506121 DADA P~C~ 02
The Dada St- r Independence
REVISED PROPOSAL
In order~o attract the largest amount of visitors we have changed the date from July 4t~ to Saturday,
JulyS". More people wm be able to attend the event and city resources will be more accessible.
Date of Event: July,~ 2002
Time: lpm - gpm
Location: Old School Square Entertainment Pavilion
Evem Coordination Team:
Contact kfformation:
Director- Todd Stone
Music Coordinator- Steve Rullman
Food & Beverage Director- Bruce Feingold
Marketing Director- Jennifer Lawrence
Todd Stone
Hospitality Support Solutions.
561-373-6072
Or
Dada Restaurant & Lounge
561-330-3232
Email: ts_dada~bellsouth.net
Benefiting Charities:
Old School Square's children's programs
Art & Music programs at three local public schools
Compass of Palm Beach Co.
Sponsors:
Dada Restaurant & Lounge
Southern Wine & Spirits
The BUZZ 103.1 WPBZ (New Media Sponsor)
Sam Adams Beer (New Beer Sponsor)
Closer Magazine
Hospitality Support Solutions
Old School Square Cultural Arts Center
The Honeycomb.corn
Pending Sponsors:
Palm Beach Post
WPBT Channel 5
Brief description of planned event:
As America celebrates Independence Weekend, young adults from across South Florida will
converge at Old School Square Entertainment Pavilion to enjoy a day packed with
entertainment. The concert will include music from a variety of different genre including rock
8: roll, pop, jazz and blues. All profits raised at the event will benefit local charities in the City
of Delray Beach and Palm Beach County. The Dada Independence Jubilee is an excellent
opportunity for Delray Beach to attract a younger audience from thro~out South Florida.
05/09/2002 1.6:21 §613306121 ]:)ADA PACaE: 03
The Dada 11%t-fir Independence Jublle July
The Dada gll'$/-&r Independence Day Jubilee
The "A,11Star" History
On December 14t of 2001, Dada Restaurant & Lounge hosted the first "All Star" charily
event. The "1'~ annual Dada All Star Holiday Jam" was a great success. This event supported
the U.S. Marine Corps Reserves Toys for Tots program. Dada received the Marine Corps'
"Commander's ~4wara~' for their part in collecting over 250 toys to be distributed to children
throughout Palm Beach County. During the Holiday Jam musicians from around South Florida
converged at Dada and performod for the 400+ local patrons that donated so graciously during
the event. Never in Delray has there been such a unique and diverse musical event. Now D_a.d_~_
would like to continue the "All Star" tradition with 'q'he Dada All Star Independence Jubilee."
The Dada t0 $ ~jr Independence Jubilee ~
The Dada ~I' ~f&r Independence Jubilee will take place on Suly~ from lpm to 10pm at The
Old School Square Entertainnlent Pavilion; Palm Beach County's newest music venue. Bands
already scheduled to appear include: The Cn'oovenicks, Keith Scott, Spazimoto, The Yoko
Theory, Remember the Ocean, Whiflaway, A Kite is A Victim and Pank Shovel, with more
bands to be added soon. Pop, rock, jazz and blues are among the genre that will be showcased
during the jubilee. Ali of the bands have donated their talents for a chance to contribute to thc
community and perform at the event. Projected charitable contribulio~ are derived from
admission, liquor and food sales totaling over $20,000!
A uni(~ue and exciting music event - right here in Delray Bencbl
Delray Beach is quickly becoming a hotspot for restaurants, nightlife, music and culture. We
know Delray Beach recognizes the need to attract new visitors to the community. Our event
will bring new people into Delray Beach, which in turn, will.benefit local merchants of all
trades and services. Our demographic is the 21-40 year old South Florida resident, a key
demographic often hard to attract in South. Florida's tourist/retiree environment. This event is
gOOd for D~_lrav Beach.. The Dada All Star Independence Jubilee is unique! In conjunction
with the city's events, thc Jubilee will make Delray Beach the prime destination for residents
and tourist across South Flor/da.
0§/~9/2002 1E;:21 5813305121 DADA PACE: 84
The Dada 11Sf&r Independence Jubil¢¢ July
Music overview:
Never before has a concert brought together this much local talent to one venue. These
musicians and artists have graciously donated their time to participate in this event and to have
the opportunity to raise money for our charitable organizations.
Committed. to play:
Pank Shovel - Modern Punk, Delmy Beach
The Yoko Theory - Acid Jazz with Dub Reggse, Delray Beach
b'pazimoto - Rock & Roll
Remember the Ocean - Soothing rock balads
The Groovenicks- Rock/Punk
Johnny Dangerously - old school dance
Keith Scott - Chicago Blues (New Addtion)
Pending:
Local Story - Emo rock
Kite is a Vic[lin - Smooth mellow rock
Whtrlaway- Pop rock
A $5 admission fee will be collected at the enmmce.
Food & Beverage:
Concessions to operate 2pm-gpm
Food provided by Dada Restaurant & Lounge
Liquor and Beer provided by Southern Wine & Spirits
LiQuor:
Charitable Liquor license provided by Moonfe~t Inc.
Any guest wishing to purchase alcoholic beverages must first obtain a wristband from the ID
checkpoint located at the admission gate. No alcoholic beverages will be permitted outside the
fenced area.
Sanitation and..CI.ean-up:
BFI will supply a large dumpster to be placed on Suly 5rd and picked up on July 7th -
Oarbage cans to be placed throughout the pavilion field. A clean-up crew will continually
maintain thc prcm/ses and canvas the area immediately following the event.
85/89/2882 i6:2i 5613306121 DADA PA6E 85
The Dada '11 $'{fir Independence Jubilee- July i'
Seeurl~,:
Fence to be placed along perimeter of the pavilion.
Two security teams will consist of licensed/insured security experts, In addition, off duty
police officers will be hired for additional security.
'Wristbands will be issued to adults age 21 and over for alcohol purchases.
Alcoholic beverages cannot be removed from the pr~mises.
Security team (a)
1 off duty Delray Beach Police Officer
6 Professional Security officers
Security team (b) - B~ck-up (Will join existing security team (a))
1 additional offduty Delray Beach Police Officer
3 additional professional security officers
Security Stations Staffing 2pm-6pm
Pavilion Stage Entrance (xl)
Stage perimeter (x 1)
Admission Gate (x2)
Exit gate (x 1)
Floater (xl)
Police Officer (Floater)
Security Stations Staffing 6pm-end
Pavilion Stage Entrance (xl)
Stage perimeter (x3)
Admission Gate (x2)
Exit gate (x2 + Police Officer)
Floater (xl + Police Officer)
Safety:
Wc are currently seeking D¢lray Beach's assistancc to provide emergency medical services for
the duration of thc event. Any associated costs would bc added to the listed budget.
05/09/2002 16:21 561330B12i DADA P~ 06
The Dada KII Si-ar Independence Jubilee-ga July.
Schedule (subiect to ehan~e)
July~,~-_
Athn~on/Evening F~nc~ installed
Dumpaters and garbage ~ans distributed
Suly~r' Food and liquor delivered and stored
10 am - Event Coordinating team attires
10:30 - 1 ! :30
Event Coordination Meeting
Atteode~:
Event Coordinator
Old School Squar~ Proclu~oo Team
Admissions Manage'
Concessioo Manager
Seou'Ry Maaa~=r
ID Manager (Alcohol l~raoelet Checkpoint)
12:00pm -
Security Team (A) arrives
Buffet Lunch for Volunteers alld Staff
(Provided by Dada Restaurant)
12:45pm-
Admission Team in place
ID Team in place
Oates open
l:l~pm -
Concession Team in place
l:30pm-
Concession opens
First Band set-up
Bands perform 30-40 minute sets
6pm-
6pm-
6:30pm- 10pm-
A Pause for_T.ri~ute t.o our m ~dependmce (AIl Band~
9/11 Tribute
Momelt of Stk*nce for those that a fighting overseas
Security team Co) arrives and reinforces team (a)
Bands continue tO perforll130-40 rain sets
9:15pm -
Final Bald plays
$:30pm-
]uly ~/- 8am
Closing announcem~ts
Recognize Charles
Announce 3azz o the Ave f'utum dates at Pavilion
Thank City of Deltay Beach
Thzak Sponsors
C~ean-up crew final sweep
BFI dumpster pick-up
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM ~'11'~ - REGULAR MEETING OF JUNE 4. 2002
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: MAY 31, 2002
Attached is the Report of Appealable Land Use Items for the period May 20, 2002 through May 31,
2002. 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. I have reservations about the
reduction in required open space for Old Palm Grove. I will have more comments on this issue at the
Commission meeting.
S:\City Clerk\chevelle folder\agenda memos\apagmem.06.04.02
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
ASMIN ALLEN, PLANNER
MEETING OF JUNE 4, 2002 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS MAY 20, 2002 THRU
MAY 31, 2O02
The action requested of the City Commission is that of review of appealable actions
which were made by various Boards during the period of May 20, 2002 through May
31,2002.
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 minimum has not
occurred). Section 2.4.7(E) 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.
Approved with conditions (5 to 0, Randolph absent Peltzie left meeting), the
master plan for Old Palm Grove, a proposed 44 lot subdivision, which
contains 30 single family zero lot line units, 3 single family conventional
homes and 11 townhomes, located at the northeast and southeast corners of
North Federal Highway and Royal Palm Boulevard. Concurrently, the Board
approved the following internal adjustments:
The internal adjustments as requested for building setbacks and pool
setbacks in the attached matrix based upon positive findings with respect
to LDR Section 2.4.7(C)(5).
City Commission Documentation
Appealable Items Meeting of June 4, 2002
Page 2
The internal adjustment to reduce the minimum required open space area
from 20% to 12.3%, based upon positive findings with respect to LDR
Section 2.4.7(C)(5).
Also the Board recommend to the City Commission approval of the following
waivers:
A reduction in the minimum lot area requirement from 4,500 sq. ft. to
square footages described in the attached waiver matrix, upon a finding
that it is necessary and appropriate to create such a non-conformity.
Reductions of the minimum lot width requirement for zero lot line lots from
60' for corner lots to 54' for Lot 40 and 55' for Lot 27, upon a finding that it
is necessary and appropriate to create such a non-conformity.
A reduction of the minimum lot frontage requirement for zero lot line lots
from 40' for interior lots to 15' for Lots 16 and 21; and from 60' for corner
lots to 55' for Lot 27 and 54' for Lot 40, upon a finding that it is necessary
and appropriate to create such a non-conformity.
A reduction of the minimum lot area requirement for conventional lots from
7,500 sq. ft. to 5,304 sq. ft. for Lot 17; to 4,759 sq. ft. for Lot 22; and to
4,953 sq. ft. for Lot 35, upon a finding that it is necessary and appropriate
to create such a non-conformity.
A reduction of the minimum lot width requirement for conventional lots
from 60' to 55' for Lots 17 and 22 and 57' for Lot 35, upon a finding that it
is necessary and appropriate to create such a non-conformity.
A reduction of the minimum lot frontage requirement for conventional lots
from 60' to 0' (access is provided via a 20' wide alley) for Lots 17 and 22;
and from 60' to 57' for Lot 35, upon a finding that it is necessary and
appropriate to create such a non-conformity.
A reduction of the minimum lot depth requirement for conventional lots
from 100' to 96' for Lot 17; from 100' to 85' for Lot 22; and from 100' to 87'
for Lot 35, upon a finding that it is necessary and appropriate to create
such a non-conformity.
· A reduction in pavement width of the streets from 24' to 22' based upon
positive findings with respect to LDR Section 6.1.2(C)(3)(c).
B. Approved with conditions (5 to 0), the master plan modification to change
the land use designation from retail to light industrial for Tract R1, Delray
Park of Commerce, located on the west side of Park of Commerce
Boulevard (NW 17th Avenue) south of Fountains Way.
City Commission Documentation
Appealable Items Meeting of June 4, 2002
Page 3
No other appealable items were considered by the Board. The following items which
were considered by the Board will be forwarded to the City Commission for action.
Recommended approval (6 to 0) of an amendment to the Land Development
Regulations Section 4.4.12 Planned Commercial (PC) District to add Private
Schools as a conditional use and Section 4.3.3 "Special Requirements for Specific
Uses" to provide certain regulations for private schools.
Recommended approval (6 to 0) of a Future Land Use Map amendment (small-
scale) from MD (Medium Density Residential 5-12 du/ac)to CC (Commercial Core)
and rezoning from RM (Multiple Family Residential - Medium Density) to CBD
(Central Business District) for a Parcel of land located on the east side of Venetian
Drive, approximately 280 feet south of Atlantic Avenue.
Recommended approval (6 to 0) of a rezoning from RM (Multiple Family
Residential - Medium Density) to CBD (Central Business District) for a parcel of
land located on the wets side of Gleason Street, approximately 180 feet south of
Atlantic Avenue.
Recommended approval (5 to 1, Warner dissenting) of an amendment to the Land
Development Regulations to allow Public Educational Facilities of Palm Beach
County School Board, excluding Charter Schools in all residential zoning districts
as a principal (permitted) use.
Recommended approval (6 to 0) of a City initiated voluntary annexation of eleven
parcels of land (54.5 acres) located north of Lake Ida Road, between Barwick
Road and Military Trail.
Recommended approval (6 to 0) of a City initiated voluntary annexation of a 34.6
acre parcel, the Winterplace Subdivision (now known as the Colony at Delray
Beach), located at the southeast corner of Military Trail and the L-30 Canal.
Recommended approval (5 to 0, Peltzie left the meeting) of the Transmittal of
Comprehensive Plan Amendment 2002-1 which included the following Future Land
Use Map amendments:
Recommended approval of the City initiated Future Land Use Map amendment
from County CHO/8 (Commercial High Office with residential density of 8 units
per acre), and MR5 (Medium Residential 5 units per acre) to City GC (General
Commercial) and LD (Low Density Residential 1-5 du/ac) for eleven parcels of
land, located north of Lake Ida Road, between Barwick Road and Military Trail.
Recommended approval (5 to 0), of a City initiated Future Land Use Map
amendment from County MR5 (Medium Density Residential 5 units per acre) to
LD (Low Density Residential 1-5 du/ac) for the Winterplace Subdivision now
City Commission Documentation
Appealable Items Meeting of June 4, 2002
Page 4
known as the Colony at Delray Beach), located at the southeast corner of
Military Trail and the L-30 Canal.
Recommended approval (5 to 0), of a city initiated Future Land Use Map
amendment from MD (Medium Density Residential 5-12 du/ac) to CC
(Commercial Core) for a property located on the east side of Gleason Street,
approximately 94 feet south of East Atlantic Avenue.
Recommended approval (5 to 0) of an abandonment of the remaining portion of
Royal Palm Boulevard, lying east of Federal Highway, associated with Old Palm
Grove residential development.
^pproved with conditions (6 to 0, DeCapito absent), a Class I site plan
modification associated with a change in the building elevation for Aloha Dry
Cleaners, located at the northeast corner of NE 5th Avenue (southbound Federal
Highway) and NE 2nd Street.
Approved with conditions (5 to 0, Stewart stepped down), a Class V site plan,
landscape plan and architectural elevations associated with the construction of a
160 unit multiple family residential development for Pineapple Grove Village,
rd rd
located on the east and west sides of NE 3 Avenue, south of NE 3 Street and
extending approximately 154 feet south of NE 2nd Street. Concurrently, the Board
approved the following waivers:
1. A waiver to LDR Section 4.6.9(D)(3)(c)(1), to reduce the required stacking
distance from 20 feet to 17.5 feet.
2. A waiver to LDR Section 4.6.14 to reduce the required visibility triangles
subject to elimination of the parallel parking spaces on the north and south
sides of NE 2nd Street, immediately west of NE 3rd Avenue.
3. A waiver to LDR Section 4.6.16(H)(3)(a), to reduce the required perimeter
landscape buffer at the southeast corner of the property from 5'-wide to
zero feet provided that the applicant can receive an easement from the
FEC Railroad.
No Regular Meeting of the Historic Preservation Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting-
June 4, 2002
GULF STREAM
L-30 ~ANAL
L-38 ~AI~L
N.W. 2ND ST,
S.W. 2ND ST.
C-f5 CANAL
P.&Z.
A. OLD PALM GROVE
B. TRACT R-1 (DELRAY PARK OF COMMERCE)
$.P.R.A.B.
1. ALOHA DRY CLEANERS
2. PINEAPPLE GROVE VILLAGE
CiTYUMffS
ONE MILE
GRAPHIC SCALE
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
2002
· · DfGITAL BASE MAP SYSTEM..
[lTV OF OELRII¥ BEI:I[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993 DATE: May 30, 2002
MEMORANDUM
TO: City Commission ~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Motion to Stay- Second Readinq of Ordinance No. 13-02 (Fontaine
Fox House)
On May 21, 2002 the City Commission passed Ordinance No. 13-02(A), (Fontaine
Fox House) on first reading but did not pass Ordinance No. 13-02(B). This
Ordinance concerned changes to Ordinance No. 70-89 that provided for the
historic designation of the Fontaine Fox property. Ordinance No. 13-02(B) was the
version that the applicant wanted the City Commission to pass and provided for a
modification of the legal description of the property that would be covered under
the historic designation.
At this time the Applicant has filed a Petition for Writ of Certiorari and is asking the
Court to quash the Commission's order denying the Applicant's application to
modify the legal description of the land that is covered by the historic designation.
The Applicant has filed this Motion to Stay Proceedings in order to prevent the
second reading of Ordinance No. 13-02(A), as the Applicant does not consent to
the restrictions imposed by Ordinance No. 13-02(A).
By copy of this memo to David Harden, our office requests that this item be placed
on the June 4, 2002 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Paul Dorling, P&Z Director
BEACH, FLORIDA
IN RE:
ORDINANCE 12-02; ORDINANCE 13-02
FONTAINE FOX HOUSE
MOTION TO STAY PROCEEDINGS
COMES NOW the Applicant, VILLAGE BY THE SEA, LLC, and asks that
the City Commission of the City of Dckay Beach, Florida ("Commission") stay all
proceedings regarding the January 16, 2002 application by the Applicant to amend
Ordinance 70-89, including all proceedings related to Ordinances 12-02 and 13-02.
In support thereof, the Applicant would state:
of Ordinance 12-02 to the Circuit Court in and for Palm Beach County, Florida,
which action is proceeeling as Pillage bo/the Sea, £LC v. City of Delray l~each,
Florida, Case No. 02-06122AY.
2. The Applicant does not consent at this time to the restrictions proposed by ·
Ordinance 13-02, including, but not limited to, the local designation of 622 N.
Ocean Boulevard.
3. This Motion is being filed pursuant to Rule 9.310 of the Florida Rules of
Appellate Procedure.
05/29/02 WED 13:11 [TX/RX NO 9910]
VWHEREFORE, the Applicant requests that this Commission stay all proceedings
regarding Ordinance Numbers 12-02 and 13-02 pending the resolution of the
pending appeal.
Rebecca L. Henderson, Esquire
ELK, BANKIER & CHRISTU
Counsel for Applicant
4800 North Federal Highway
Sanctuary Centre, Suite 200-E
Boca Raton, Florida 33431
Office: 561-368-8800
Facsimile: 561-394-3699
By: '~-~.
Esq.
Fla. Bar No. 0004642
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent
by certified U.S. Mail to the following:
Brian Shun, Assistant City Attorney
City of Delray Beach, Florida
100 NW 1st Avenue
Del.ray Beach, Florida 33483
this 29th day of May, 2002
2
05/29/02 WED 13:11 [TI/RI NO gllO]
[lTV OF OELRIlV BEIi[H
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: May 30, 2002
Wdter's Direct Line: 561/243-7091
MEMORANDUM
TO: City CommissioQ._
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Settlement offer in Thomas v. City
This case arises out of an auto accident that occurred on August 22, 2000. A City
truck was traveling southbound on S.E. 2® Avenue when it proceeded through the
intersection at S.E. 2® Avenue and S.E. 1st Street and struck the Plaintiff's vehicle.
The City driver was cited for failure to yield the right-of-way. The Plaintiff's vehicle
was totaled as a result of the accident.
The Plaintiff has incurred approximately $9,000.00 in damages to date as a result
of the accident. The Plaintiff suffered a broken bone in her foot which requires her
to wear specialized hardware in her shoe and she is receiving additional medical
treatment. The Plaintiff also alleged injuries to her Iow back and hip as a result of
this accident.
The Plaintiff, has offered to settle this claim for $21,000.00 inclusive of attorney's
fees and costs. At this time, the City Attorney's Office recommends acceptance of
this offer subject to the receipt of appropriate releases.
By copy of this memo to David Harden, our office is requesting that this item be
placed on the June 4, 2002 City Commission agenda. If you should have any
questions, do not hesitate to contact me.
CC:
David Harden, City Manager
Barbara Garito, City Clerk
I:ITY OF OELRI:IY BEI:I£H
CITY ATTORNEY'S OFFICE ~oo mw .~ ^V,~N,~,~. ~,..^'~,~^~., ~,~0,,,~^...
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: May 30, 2002
Writer's Direct Line: 561/243-7091
MEMORANDUM
TO:
FROM:
City Commissior)--'"--'~
Brian Shutt, Assistant City Attorney
SUBJECT: Settlement offer in Walker v. City
This case arises out of an auto accident that occurred on July 6, 2001. A City
Police car was traveling northbound on S.W. 14th Avenue when it proceeded
through the intersection at S.W. 2® Street and S.W. 14th Avenue and struck the
Plaintiff's vehicle. The City driver was required to yield the right-of-way.
The Plaintiff has incurred approximately $19,568.00 in damages to date as a result
of the accident. The Plaintiff had surgery to repair a torn meniscus. The Plaintiff
also incurred lost wages in the amount of $12,500.00.
The Plaintiff has offered to settle this claim for $25,000.00 inclusive of attorney's
fees and costs. At this time, the City Attorney's Office recommends acceptance of
this offer subject to the receipt of appropriate releaSes.
By copy of this memo to David Harden, our office is requesting that this item be
placed on the June 4, 2002 City Commission agenda. If you should have any
questions, do not hesitate to contact me.
CC:
David Harden, City Manager
Barbara Garito, City Clerk
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM 10~. REGULAR MEETING IUNE 4, 2002
ORDINANCE NO. 13-02{A) (AMENDMENT TO HISTORIC
DESIGNATION/FONTAINE FOX HOUSE)
DATE: MAY 31, 2002
This is second reading and a quadjudidal heating for Ordinance No. 13-02 (A) mending Ordinance
No. 70-89. The Fontaine Fox historic designation contains approximately 2.5 acres of land and
consists of Lots one (1), two (2), and three 0) of the Ocean Apple Estates Plat and the south ten (10)
feet of Lot three (3) (lying east of A1A) Block E, of the plat of Palm Beach Shore Acres. Lot one (1)
lies on the east side of Ocean Boulevard (615 North Ocean Boulevard) while lots two (2) and three
0) lie on the west side of Ocean Boulevard (610 North Ocean Boulevard) between North Ocean
Boulevard and Andrews Avenue.
Ordinance No. 13-02(A) retains the historic designation on the entire property and limits the height
on the new lots immediately west of the Fontaine Fox buildings to twenty-eight (28) feet. Ordinance
No. 13-02(A) modifies the density restriction from three 0) to four (4) dwelling units and establishes
a minimum of a 100 foot buffer between the existing rear wall of the Fontaine Fox House and any
newly created lot to the west. In addition, Ordinance No. 13-02(A) requires that the lot directly to the
North (622 North Ocean Boulevard) be processed for inclusion in the local register of Historic
Places.
Ordinance No. 13-02 (A) was approved on first reading at the regularly scheduled City Commission
meeting of May 7, 2002 based upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations (LDR), policies of the Comprehensive Plan, and
LDR Section 4.5.1.
Recommend approval of Ordinance No. 13-02 (A) on second and final reading, based upon staff
recommendation.
S:\City Clerk\chcvellc folder\agenda memos\Ord. 13.02.06.04.02 Amend. Fontaine Fox House.doc
TO:
THROUGH:
FROM:
SUBJECT:
DA'~I~D T. HAI~. DEI~CI~TY MANAGER
^.o
MEETING OF MAY 7, 2002
REQUEST FOR AN AMENDMENT TO ORDINANCE 70-89 FOR A PARCEL OF
LAND LOCATED AT 610 & 615 NORTH OCEAN BOULEVARD (THE FONTAINE
FOX HOUSE)~ APPROXIMATELY 900' SOUTH OF GEORGE BUSH BOULEVARD
BETWEEN ANDREWS AVENUE AND THE ATLANTIC OCEAN; AN INDIVIDUALLY
LISTED HISTORIC PROPERTY.
Ordinances 12-02A, 12-02B, and 12-02C reflecting the application request and recommendations by
City Staff and the Historic Preservation Board for the development of additional lots on the subject
property were brought before the City Commission on March 19, 2002 for its first reading. The second
reading was held on April 2, 2002, and the ordinances were denied. The City Commission provided
direction to prepare a modified ordinance which is now before the City Commission for first reading.
The ordinance proposes to modify the existing Ordinance 70-89 in the following way:
1) Maintain the geographical boundaries of the historic designation as set forth in Ordinance 70-89.
2) Modify the density restriction from three to four dwelling units.
3)
Establish a minimum of a 100 foot buffer between the existing wall at the rear of the Fontaine Fox
House, located at 610 N. Ocean Boulevard, and any newly created lot to the west, by requiring
the west lot line of any newly created lot containing the Fontaine Fox House (as it currently
exists), to be a minimum of 100 feet from the existing rear wall (as it currently exists).
4)
Restrict the height of any new construction to 28-feet, on any newly created lot immediately west
of and adjacent to, the lot containing the existing structures located at 610 & 622 North Ocean
Boulevard (State Road A1A).
5)
That the entirety of Lot 1, Plat of Hancock Subdivision (Plat Book 76, Page 175), currently
addressed as 622 North Ocean Boulevard, be listed in the Local Register of Historic Places and
approved by the City Commission. The designation process for local listing is to be completed
prior to recording the proposed final plat.
Ordinance 13-02A, accommodating these changes, is now before the City Commission for review and
approval.
The applicant is proposing an alternative to Ordinance 13-02A that proposes three versus two lots
west of the Fontaine Fox House; a 60' versus 100' buffer; no height restrictions on the lots
immediately west of both historic structures (610 & 622 North Ocean Boulevard); removal of the two
western lots from the current designation; and the addition of property to the north into the current
local historic designation.
City Commission Documentation
Meeting of May 7, 2002
Fontaine Fox Historic Property
Page 2
There is a concern that this proposed alternative has not received formal review by the Historic
Preservation Board. Further, the removal of the western two lots from the existing designation,
creation of three lots versus two, and the omission of the height restriction on the two lots is
inconsistent with the recommendation of the Historic Preservation Board. In addition, the inclusion of
additional property within the existing historic district requires a formal process and review by the
Historic Preservation Board. Given these factors, staff does not support the alternative ordinance as
proposed.
Approve Ordinance 13-02A on first reading and set the public hearing for the City Commission
Meeting of May 21, 2002. Recommend denial of Ordinance 13-02B as proposed.
ORDINANCE NO. 13-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89
THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE
FONTAINE FOX HOUSE AND PROPERTY; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided for the
historic designation of the Fontaine Fox House and property as described in L.D.R. Section
4.5.1(K)(2), and allowed the development of a total of 3 dwelling units on the site which would
include the development of a house on the east side of A-I-A, provided certain conditions were
met; and
WHEREAS, there currently exists the Fontaine Fox house and a house on the east side of
A-1-A within the historically designated area; and
WHEREAS, the current owner of the Fontaine Fox house and lands west of A-1-A wishes
to amend Ordinance No. 70-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2, "Requirements of Designation" of Ordinance No. 70-89 of the
City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2,
"Requirements of Development" to read as follows:
Requirements of Development.
The requirements of development are as follows:
(1) Two dwelling units currently exist on the historic site, an additional two dwelling
units are allowed on the historic site west of A-1-A and to the rear of the currently existing
Fontaine Fox House but beyond the 100' buffer as described in Subsection 2.
(2) The developer shall establish a minimum of a 100' buffer between the existing wall
at the rear of the Fontaine Fox House, located at 610 North Ocean Boulevard, and any newly
created lot to the west, by requiring the west lot line of any newly created lot containing the
Fontaine Fox House, as it currently exists, to be a minimum of 100' west of the existing rear wall
as it currently exists.
(3) The developer shall restrict the height of any new construction to 28' of any newly
subdivided lot immediately west of and adjacent to any newly created lot containing the existing
structures currently located at 610 & 622 North Ocean Boulevard.
(4) That the entirety of Lot 1, Plat of Hancock Subdivision, currently addressed as 622
N. Ocean Boulevard be listed in the Local Register of Historic Places and approved by the City
Commission. The applicant must go through the full process and not voluntarily withdraw the
designation application and such designation process must be completed prior to the recordation of
the proposed final plat. This item shall not be required if the City Commission fails to approve the
designation.
(5) No dwelling unit used or developed on that portion of the Fontaine Fox Historic
Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred
(2,400) square feet of gross floor area.
Section 2. If the provisions of Section 1 are not met then the following shall apply:
(1)
boundaries of
· existing on the
No more than three dwelling units shall be used and/or developed within the
the Fontaine Fox Historic Site. This includes the two dwelling units currently
site.
(2) No dwelling unit used or developed on that portion of the Fontaine Fox Historic
Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred
(2,400) square feet of gross floor area.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
__ day of ,200
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2 ORD. NO. 13-02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~,
AGENDA ITEM # ~)~ - REGULAR MEETING OF JUNE 4. 2002
ORDINANCE NO. 15-02 (AMENDING CHAPTER 51 "GARBAGE AND
TRASH")
DATE: MAY 31, 2002
This ordinance is before Commission for second reading and public hearing to amend Chapter 51
"Garbage and Trash" of the Code of Ordinances to bring our Code into conformity with our
franchise agreement with BFI and with state laws.
At the first reading on May 21, 2002, Commission unanimously approved this ordinance.
Recommend approval of Ordinance No. 15-02 on second and final reading.
S:\City Clerk\chevelle folder\agenda memo. Ord 15.02Garbage.06.04.02.doc
I:IT¥ OF DELRI1¥ BEIIi:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993 DATE: May 16, 2002
MEMORANDUM
TO: David Harden, City Manager
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Modifications to Chapter 51
The attached ordinance modifies Chapter 51 of the Code of Ordinances regarding
garbage and trash collection to provide consistency between the Code of
Ordinances and the franchise agreement entered into between the City and BFI.
The major changes to the ordinance concern the definitions of certain terms, billing
procedures, and the inclusion of rolloff containers into the franchise agreement.
I have made the changes you requested as a result of our last meeting.
Regarding your question concerning the definition of "Construction and Demolition
Debris", the revised definition mirrors what is found in the franchise agreement.
The reference to F.A.C. 17-7, in the current definition, is no longer applicable, as
Florida Statute Section 403.703 provides for the definition of "Construction and
Demolition Debris", and to a large extent mirrors the revised definition in the
proposed ordinance. If this ordinance meets with your approval please place it on
the May 21, 2002 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
Joe Safford, Finance Director
Rich Bauer, Code Enforcement Administrator
ORDINANCE NO. 15-02
AN ORDINANCE OF THE CITY GOMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 51.01, "DEFINITIONS", TO CLARIFY CERTAIN
DEFINITIONS; BY AMENDING SECTION 51.15, "GARBAGE AND TRASH
COLLECTION RESERVED EXCLUSIVELY IN CITY OR ITS
CONTRACTORS", TO PROVIDE ROLL-OFF COLLECTION IS ALSO
EXCLUSIVE TO THE CITY'S CONTRACTOR; BY AMENDING SECTION
51.18, "TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE
AND TRASH", SUBSECTION (B), "REAR-DOOR/SIDE-DOOR SERVICE",
TO SPECIFICY THE DAY FOR VEGETATION COLLECTION; BY
DELETING SECTION 51.21, "COMMERCIAL LANDSCAPE OR LAWN
MAINTENANCE BUSINESS; RESPONSIBILITY FOR TRASH
COLLECTION"; BY AMENDING SECTION 51.22, "VEGETATIVE WASTE",
TO SPECIFY A COLLECTION DAY AND PROVIDE THAT VEGETATIVE
WASTE MAY NOT BE CO-MINGLED; BY AMENDING SECTION 51.45,
"CONSTRUCTION AND DEMOLITION SITES", TO PROVIDE FOR THE
ADDITION OF ROLL-OFF CONTAINERS INTO THE CITY'S FRANCHISE
AGREEMENT; BY AMENDING SECTION 51.70, "REGULAR CHARGES
LEVIED", SUBSECTION (Q, "COMMERCIAL", TO CIARIFY THE
SERVICES AND RATES CHARGED; BY AMENDING SECTION 51.71,
"PAYMENT AND BILLING", TO CLARIFY THE BILLING FOR MULTI-
FAMILY; BY AMENDING SECTION 51.72, "METHOD OF BILLING FOR
CHARGES", TO CLARIFY THE BILLING FOR lVIULTI-FAMILY;
PROVIDING A SAVING CLAUSE, A GENERAL REPEAI.ER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City entered into a franchise agreem_em with BFI on September 20, 2001
for solid waste collection services; and
WHEREAS, the City Commission wishes to amend the City's Code of Ordinances on solid
waste collection to provide consistency between the Franchise Agreement and the City's Code of
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 51, "Garbage and Trash", Section 51.01, "Definitiom', of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
Section 51.01 DEFINITIONS.
To the extent the definitions contained herein conflict with similar definitions contained in
any federal, sate or local law, the definition herein shall prevail.
Biohazardous or Biomedical Wastes: shall mean those wastes which may cause disease
or reasonably be suspected of harboring pathogenic organisms; included, but not limited to, waste
resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which
may consist of, but are not limited to, diseased human and animal parts, contaminated bandages,
pathological specimens, hypodermic needles, contaminated clothing and surgical gloves.
Biological Waste: Shall mean solid waste that causes or has the capability of causing
disease or infection and includes, but is not limited to, biohazardous waste, diseased or dead animals,
and other waste capable of transmitting pathogens to humans or animals.
Bulk Trash: Shall mean any non-vegetative item which cannot be containerized, bagged or
bundled including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, pool
heaters, water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other
similar appliances, household goods, furniture, large boxes, barrels and crates, and shall not be
commingled with vegetative waste or any other type of refuse.
Ci .ty: The City of DelrayBeach, Florida, or the City's authorized agents or contractors.
City. Manager. Shall mean the City Manager of the City of Delray Beach or his/her
designee.
Collection: Shall mean the process whereby solid waste, garbage, trash, bulk trash,
vegetative waste or recyclable material is removed and transported to a Designated Facility.
2 Ord. No. 15-02
Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior or other
packing materiak, wood, paper or cardboard boxes or containers, sweepings, and any other
accumulation not included under the definition of garbage, generated by the operation of stores,
offices, and other business places. Commercial trash shall include furniture if properly
containerized. Commercial trash shall not include Special Waste.
Comtmcfion and Demolition Debris: Su~ .............. m~n .... '~ de. fL':ed ~ :uch fram m.~.:-- to
~:_~ t....t.~ r~ .......... a r,u ..... ~ v, ~= a r- shall mean materials generally considered to be
not water soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick,
concrete, roofing material, pipe, gypsum wallboard, and lumber from the construction or destruction
of a structure as part of a construction or demolition project.
contractor or Vendor:.
BFI Waste Systems of North America, Inc.
Department: Shall mean the Florida Department of Environmental Protection.
Designated Facility:. Shall mean a disposal processing, recovery, recycling or transfer
facility designated by the Solid Waste Authority or the City Manager.
Disposal costs: Shall mean the "tipping fees" or landfill costs charged to the Contractor
by others for disposal of the waste collected by the Contractor.
Dwelling Unit: One or more rooms connected together, designated to be occupied by one
family, constituting a separate, independem housekeeping establishment and physically separated
from any other dwelling unit which may be in the same structure, and which contains independent
sanitation, living, cooking and sleeping facilities.
Garbage: Shall mean all putrescible waste which generally includes but is not limited to
kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or
results from the storage, preparation, cooking or handling of food materials whether attributed to
res e a orcommerc ac s. .~,
:awe cv.~cc~an. Garbage shall not include any material that falls within the definition of Special
Waste.
Garbage Receptacle: Shall mean any commonly available light gauge steel, plastic or
galvanized receptacle of a non-absorbent material, closed at one end and open at the other,
furnished with a closely fitted top or lid and handle(s). A receptacle also includes a heavy duty,
securely tied, plastic bag designed for use as a garbage receptacle, ga,,y Garbage receptacles
:-:c!udL-~g or waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in
3 Ord. No. 15-02
Hazardous Waste: Shall mean solid waste as defined by the State of Florida Department
of Environmental Regulations as a hazardous waste in the State of Florida Administrative Code, or
by any furore legislative action or by federal, state or local law.
Industrial Wastes: Shall mean any and all debris and waste products generated by
manufacturing, food processing (except in restaurants and homes), land clearing, and commercial
shrubbery or tree cuttings, building construction or alteration (except residemial do-it-yourself
projects) and public works type construction projects whether perform, ed by a government unit or
by contract.
Litter:. See Chapter 98 of the Code of Ordinances of the City of Delray Beach.
Loading and Unloading Area: Any loading or unloading space or area used by any
moving vehicle for the purpose of receiving, shipping, and transporting goods, wares, commodities,
and persons.
Loose Refuse: Any refuse, either garbage or household trash stored in and collected from
any type of container other than a mechanical container or garbage cm': receptacle rehted to multiple
family dwellings or the designated facility. Refuse that is collected from the ground is considered
loose refuse.
Mechanical Container:. Shall mean and include any detachable metal or plastic container
designed or intended to be mechanically dumped into a loader/packer type of garbage truck used by
the Contractor and includes any motorized or electrical compactor of ten (10) yards capacity or less.
Mechanical containers may be constructed of plastic. Further, all mechanical containers must be
uniform in color, have closeable lids, and be free of any advertising or other information other than
an 8-1/2" x 11" sticker with the name, address and telephone number of the Contractor.
Multiple Dwelling Units: Shall mean any building containing five (5) or more permanent
living units, not including motels and hotels.
Parking Lots: Commercial and public lots designed for the parking of any vehicles with the
exception of residential parking.
Person: Any natural person, owner, agent, corporation,
receiver, guardian, trustee, executor, administrator, fiduciary,
representative or group of individuals or entities of any kind.
partnership, association, firm,
occupant, lessee, tenant, or
4 Ord. No. 15-02
Premises: Lots, sidewalks, alleys, rights-of-way, grass strips, and curbs up to the edge of the
pavement of any public thoroughfare.
Private Property: Property owned by any person as defined in this section, including, but
not limited to, yards, grounds, driveways, entrance or passage ways, parking areas, storage areas,
vacant land, or body of water. For the purpose of this chapter, "Private Property" owners are
required to maintain rights-of-way up to the edge of the pavement of anypublic thoroughfare.
Public Property.' Anyarea that is used or held out to be used bythe public, whether owned
or operated by a public interest, including, but not limited to, highways, streets, alleys, parks,
recreation areas, sidewalks, grass strips, medians, curbs, or rights-of-way up to the edge of the
pavement of any public thoroughfare of body of water.
Recyclable Materials: Shall mean newspapers (including inserts), magazines and catalogs,
aluminum containers., aluminum foil and pie plates, plastic containers, glass bottles and jars,
corrugated cardboard, brown paper bags, mixed paper, drink boxes, milk and juice cartons and other
solid waste materials added upon agreement between the Solid Waste Authority and the Contractor,
when such materials have been either diverted from the remaining solid waste stream or removed
prior to their entryinto the remaining solid waste stream.
Recycling: Shall mean any process by which solid waste, or materials which otherwise
become solid waste, are collected, separated or processed and reused or returned to use in the form
of raw materials or products.
Refuse: Shall mean commercial trash, household trash and garbage or a combination of
mixture of commercial trash, household trash and garbage, including paper, glass, metal and other
discarded matter, excluding commercial recychble materials.
Residential Do-It-Yourself Projects: Minor residential repairs done exclusively by the
homeowner.
Residential Service: Shall herein refer to the refuse, recycling and vegetative waste
collection service provided to persons occupying residential dwelling units within the City who are
not receiving commercial or multi-family services. This would include single family homes,
duplexes, triplexes, quadplexes and mobile homes.
Rolloff Collection Service: Shall mean the collection of construction and demolition
debris using open top rolloff containers within temporary locations in the City, limited to new
construction sites and remodeling or refurbishment sites. Rolloff collection service shall also mean
the collection of horticultural or agricultural wastes at horticultural or agricultural nurseries, but only
when the customer chooses to use open top rolloff containers for horticultural or agricultural waste,
5 Ord. No. 15-02
and horticultural and agricultural waste shall not include any other type of waste, including, but not
limited to, Special Waste, Garbage or Recychble Materials.
Roll-Out Carts: Carts that are either a 32, 68 or 95 gallon (approximate) wheeled container
of a type approved bythe City Manager or his designee, and shall be equipped with wheels and a lid.
Sludge: Includes the accumulated solids, residues and precipitates generated as a result of
waste treatment or processing, including wastewater treatment, water supply treatment, or operation
of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease
traps, privies, or similar waste disposal appurtenances.
Special Waste: Shall mean solid or liquid wastes that require special handling and
managemaem, which are not accepted at a landfill or other disposal facility or which are accepted at a
landfill or other disposal facility at higher rates than is charged for refuse, including, but not limited
to, asbestos, whole tires, automobiles, boats internal combustion engines, non-automobile tires,
sludge, dead animals, septic tank waste, hazardous waste, used oil, lead-acid batteries, and
biohazardous or biomedical wastes.
Trash: Shall mean all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes
and containers, sweepings, broken toys, tools, utensils, and all other accumulations of a similar
nature other than garbage, which are usual to housekeeping and to the operation of stores, offices
and other business places, but shall not include vegetative waste.
Vegetative Waste: Shall mean any vegetative matter resulting from yard and landscaping
maintenance and shall include materials such as tree and shrub materials, grass clippings, palm
fronds, Christmas trees, tree branches and similar other matter usually produced as refuse in the care
of lawns, landscaping and yards. All grass clippings, leaves, pine needles, and similar small loose
items must be bagged or containerized. Vegetative waste, except palm fronds, must be no more
than six (6) feet in length and no single kem shall weigh more than 50 pounds. Natural Christmas
trees shall be considered vegetative waste and will be collected if they are not more than 8 feet in
length and weigh less than 50 pounds. Vegetative waste does not include any form of matter or
ulting ting ......... a ~ .....
debris res from t~c rcmcvd, land clea 5 or land development, ~.. v.~stc ~, .......... : ....
Section 2. That Chapter 51, "Garbage and Trash", Section 51.15, "Garbage and Trash
Collection Reserved Exclusively in City or its Comractors", of the Code of Ordinances of the Gty
of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
Section 51.15 r'sDnsr'_~.... ~. ~..~ .S'~Tr~.~ .... 'vo sc~..~,~... REFUSE COLLECTION RESERVED
EXCLUSIVELY IN CITY OR ITS CONTRACTORS.
6 Ord. No. 15-02
The governmental function of collection, removal and disposkion of all garbage and
rolloff containers and refuse within the municipal limits of the City is exclusively vested in the
municipal government of the City or its contractors, and all other individuals, persons, firms, or
corporations are specifically and expressly prohibited from engaging in that practice or business
within the corporate limits of the City and from utilizing the publicly dedicated streets, alleys and
other thoroughfares for those purposes.
Section 3. That Chapter 51, "Garbage and Trash", Section 51.18, "Types of Services
Provided for Picking up Garbage and Trash", Subsection (B), "Rear-door/side-door service", of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
Section 51.18 TYPES OF SERVICES PROVIDED FOR PICKING LIP GARBAGE AND
TRASH.
(B) Rear-door/side-door service.
(1) For the residential area of the City located east of the Intracoastal Waterway,
Spanish Wells and Sherwood Park, garbage and trash shall be collected at least twice each week on
regular schedules and routes as determined by the City or its contractor from the rear, side or front
of and adjacent to the served residences, at locations reasonably accessible to the City or its
contractor.
(2) All vegetative waste and bulk trash shall be placed adjacent to the pavement
or traveled way of the street, in containers or bundles less than 50 pounds each and with no
dimension over six feet each:, ~d *&ch Vegetative waste shall be collected on c. nc af ~.c :ckc&'.led
~fo .... .k ..... fo ........... 11~.1~. &3:. the first scheduled collection day of the week.
Section4. That Chapter 51, "Garbage and Trash", Section 51.21, "Commereial
Landscape or Lawn Maintenance Business; Responsibility for Trash Collection", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby deleted in its entirety.
RESPONSIBILITY FOP. TP..~ZH COLLECTION.
7 Ord. No. 15-02
Section 5. That Chapter 51, "Garbage and Trash", Section 51.22, "Vegetative Waste",
of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby arnended
to read as follows:
Section 51.22 VEGETATIVE WASTE.
(A) Vegetative waste shall be collected from residential areas ~* 1 ....... ~-~ per _~1.
....................... : ......... cc, ec an a ...... on e co ec on a
of the week. Collection shall begin no earlier than 6:00 a.m. and cease no later than 6:00 p.ro_
Vegetative waste shall be placed adjacent to the pavement or travel way of the street/alley.
Residents shall bag or containerize all grass clippings, leaves, pine needles and similar loose kems
whenever possible. Large vegetative waste kems must not be more than six (6) feet in length or fifty
(50) pounds in weight, and shall be placed neatly at the curb. Vegetative waste shall not be co-
mingled with trash or garbage. In the event of a dispute between the contractor and a customer as
to what constitutes vegetative waste, the situation will be reviewed and decided by the City Manager,
whose decision shall be final.
Section 6. That Chapter 51, "Garbage and Trash", Section 51.45, "Construction and
Demolition Skes", of the Code of OMinances of the City of Delray Beach, Florida, be, and the same
is hereby amended to read as follows:
Section 51.45 CONSTRUCTION AND DEMOLITION SITES.
It shall be unlawful for any construction or demolition contractor to fail to provide onsite
suitable receptacles, bulk containers or detachable containers for loose debris, paper, building
material waste, scrap building material and other trash produced by those working on the site. All
material shall be containerized by the end of each day, and the ske shall be kept in a reasonably clean
and litter-free condition. The number of receptacles, bulk containers or detachable containers shall
be determined by the City Manager. Construction sites shall be kept reasonably clean and orderly at
all times. When roll-off containers are used they shall be obtained from the City's Contractor. In
the event a person or entity has entered into an agreement for the use of a mil-off container with
another waste collection company prior to the effective date of this Ordinance, the other company
shall be allowed to provide roll-off collection service until the expiration of the agreement.
Section 7. That Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges
Levied", Subsection (C), "Commercial", of the Code of OMinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Section 51.70 REGULAR CHARGES LEVIED.
(Q Commercial
8 Ord. No. 15-02
(1) Commercial customers shall use mechanical containers or rollout carts.
Commercial customers shall include all customers other than residential or multi-family customers.
Commercial custom_ers mayuse any of the following containers for accumulation of refuse:
(a) Rollout carts. The City shall require any commercial customer
needing more than six (6) rollout carts to use mechanical containers, if feasible.
(b) Mechanical containers.
(2) The owners/operators of commercial establishments and other commercial
customers shall accumulate such refuse in those locations mutually agreed upon by the
owner/operator and the City or its contractor, and which are convenient for collection by the City
or its contractor.
(3) Containers emptied by mechanical means shall be provided by the City or its
contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer
and the City or its contractor, but not less than one day a week nar mare ~&an a:cx da3= a week.
(4) Commercial customers needing six (6) or less rollout carts, and those
approved for this type of service by the City in advance because they lack a suitable location for a
mechanical container shall be serviced at least once per week All garbage and commercial trash
shall be collected from such refuse containers at location agreed to between the City or its
contractor and the customer. The charge shall be based upon the following schedule:
Commercial Rates (Monthly)
Container Pickup Frequency (Per Week)
2yd 1 2 3 4 _5 6 g
Collection $10.83 $21.65 $32.48 $43.30 $54.13 $64.95 $75.78
Disposal 16.28 32.56 48.84 65.12 81.40 97.68 113.97
Container
Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40 19.40
Contractor Fees 45.21 71.01 96.82 122.62 148.43 174.24 209.15
9 Ord. No. 15-02
Fees (5%)
Total Fees
3yd
Collection
Disposal
Container
Maintenance Fee
Total
Contractor Fees
Franchise
Fees (5%)
Total Fees
Container
Ske
4yd
Collection
Disposal
Container
Maintenance Fee
Total
Contractor Fees
Franchise
Fees (5O/o)
Total Fees
2.33 3.68
$48.84 $77.29
5.04 6.39 7.75 9.10 10.46
$105.76 $134.21 $162.68 $191.13 $219.61
$16.24 $32.48 $48.71 $64.95
24.42 48.84 73.26 97.68
$81.19 $97.43 $113.66
122.11 146.53 170.95
21.44 21.44 21.44 21.44 21.44 21.44 1940
21.44
$62.10 $102.76
$143.41 $184.07 $224.74 $265.40 ~
306.05
3.11 5.14 7.17 9.20 11.24 13.27 15.20
15.30
$65.21 $107.90 $150.58 $193.27
$235.98 $278.67 ~
321.35
Container Pickup Frequency (Per Week)
1 _2 3 4 5 6
$21.65 $43.30 $64.95 $86.60 $108.25
32.56 65.12 97.68 130.25 162.81
_7
$129.90 $151.55
195.37 227.93
22.21 22.21 22.21 22.21 22.21 22.21 22.21
$76.42 $130.63 $184.84 $239.06 $293.27 $347.48 $401.69
3.82 6.53 9.24 11.96 14.66 17.37 20.08
$80.24 $137.16 $194.08 $251.01 $307.93 $364.85 $421.77
10 Ord. No. 15-02
Collection
Disposal
Container
Maintenance Fee
Total
Contractor Fees
Franchise
Fees (5%)
Total Fees
$32.48
48.84
$64.95 $97.43 $129.90 $162.38 $194.85
97.68 146.53 195.37 244.21 293.05
25.53 25.53 25.53 25.53 25.53 25.53
$106.85 $188.16 $269.49 $350.80 $432.12 $513.43
5.34 9.41 13.47 17.54 21.61 25.67
$112.19 $197.57 $282.96 $368.34 $453.73 $539.10
11 Ord. No. 15-02
Container
Size
Container Pickup Frequency (Per Week)
Collection $43.30 $86.60 $129.90 $173.20 $216.50 $259.80
Disposal 65.12 130.25 195.37 260.49 352.62 390.74
Maintenance Fee
27.09 27.09 27.09 27.09 27.09 27.09
Total
Comractor Fees
7
$303.10
455.86
Fees (5%)
27.09
Total Fees
$135.51 $243.94 $352.36 $460.78 $569.21 $677.63 $786.05
6.78 12.20 17.62 23.04 28.46
2yd
$142.29 $256.14 $369.98 $483.82 $597.67
Commercial Front-Load Compacting Containers
1 2 3
3yd
Collection
Disposal
Total Contractor Fee
Franchise Fee (5%)
Total Fees
$50.67
183.19
233.86
11.69
$245.55
5yd
Collection
Disposal
Total Contractor Fee
Franchise Fee (5%)
Total Fees
$16.89
61.08
77.97
3.90
$81.87
$126.66
457.91
584.57
29.23
$613.80
33.88 39.30
$711.51 $825.35
Collection
Disposal
Total Contractor Fee
Franchise Fee (5%)
Total Fees
6yd Co~ection
$42.21
152.62
194.83
9.74
$204.57
4
$202.64
12 Ord. No. 15-02
Disposal
Total Contractor Fees
Franchise Fee (5%)
Total Fees
Commercial/Multi-FamilyRolloff Containers:
732.64
935.28
46.76
$982.04
Open-top rolloff container
$93.00 per pickup plus disposal cost
Compactors
$93.00 per pickup plus disposal cost;
ycling * *
Excludes commercial rec ~.a ....... :^./a~-^~:.:^_ a~t...:~
95-Gallon Cart Service
Pickups
Per Week Collection* Disposal Comainer Monthly Charge Fr. Fee Total Fee
1 $2.65 $8.14 $2.00 $12.79 $0.64 $13.43
2 5.30 16.28 2.00 23.58 1.18 24.76
3 7.95 24.42 2.00 34.37 1.72 36.09
4 10.60 32.56 2.00 45.16 2.26 91.09
5 13.25 40.70 2.00 55.95 2.80 58.75
6 15.90 48.84 2.00 66.74 3.34 70.08
NOTE: The foregoing rates are based on $28.00 per ton ($1.88 per cubic yard), which is
the anticipated Solid Waste Authority tipping fee to be effective October 1, 2001.
Section 8. That Chapter 51, "Garbage and Trash", Section 51.71, "Payment and
Billing", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
13 Ord. No. 15-02
Section 51.71 PAYMENT AND BILLING
(A) Compensation: The City shall pay the Contractor compensation for the
performance of the contract, the sums due as set forth in Section 51.70, subject to any conditions or
deductions as provided under the contract. Contractor shall submit an invoice by the 10~h of each
month for residential services rendered during the preceding month, and payments will be made to
the Contractor within thirty (30) days upon receipt and verification of the invoice submitted. M-~,~d
£~--11 .... A ...... :~1 .... :~ Service to commercial customers will be billed directly by the
Contractor in accordance with the Schedule of Rates set forth in Section 51.70, subject to any
conditions or deductions as provided under this agreement.
(B) Billing Procedures: Billing arrangements for the various service types are
summarized as follows:
Sen, ice Type
Customer Billed By
Solid Waste Collection
Residential & Multi-Family
Commercial u,~,
City
Contractor
Vegetative Waste Collection
Residential City
Recyclable Materials Collection
Residential & Multi-Family
Commercial & M-'D.~3 Faw~y
City
Contractor
Container Rental/Purchase ~_a r, .... :_~. c_~:~ Sc. rAces
Residential & Multi-Family
Commercial & ~,{--1,,~*d FAIT'.'.'])'
City
Contractor
Container St>ecial Services
Residential, Multi-Family & Commercial
Contractor
On the first day of each month the contract payment(s) for all services hereunder shaft be adjusted
to correspond with the occupancy of existing or new buildings, and the demolition of old buildings.
The adjustment made on the first day of each month shall be for buildings ekher occupied or
demolished during the second month preceding the adjustments. For example, any change which is
made on June 1 of any year will be for buildings occupied or demolished in April of the subject year.
Any existing unit shall be considered unoccupied whenever the City has temporarily terminated
water service, at the customer's request only. Any new unit shall be considered to be occupied when
14 Ord. No. 15-02
a certificate of occupancy has been issued and water service has been provided to the unit's
occupant(s). Proof of demolition shall be demolition permits issued by the Building Department.
(C) Disposal Costs: Residential and multi-family solid waste disposal costs shall not be
included with residential and multi-family collection service costs. Residential and multi-family
disposal costs will be billed by the Solid Waste authority of Palm Beach County by non-ad valorem
assessment. The Comractor will be given a disposal credit for each residential unit as calculated by
the Solid Waste Authority. However, the City shall not be responsible for disposal shortfall costs.
Part of the commercial disposal costs Mil be billed by the Solid Waste Authority by non-ad
valorem assessment. The non-assessment portion of the commercial disposal costs will be billed to
the commercial customers by the Contractor. The Contractor shall pay the Solid Waste Authority
for all solid waste disposal costs incurred and not paid through non-ad valorem assessment.
The Contractor shall bill commercial customers the appropriate fees as set forth in Section
41.70: (1) Container Monthly Maintenance Charge; (2) the Container Monthly Disposal Charge; and
(3) the Monthly collection and Hauling Fees with a franchise fee as determined by the city added.
The Contractor shall remit all franchise fees to the City on a monthly basis. The City shall not be
responsible for any disposal shortfall costs. However, the charge for disposal to the customer shall
increase or decrease in accordance with the charges for the Solid Waste Authority.
Section 9. That Chapter 51, "Garbage and Trash", Section 51.72, "Method of billing for
Charges", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 51.72 METHOD OF BILLING FOR CHARGES.
The regular monthly charges for residential services as set forth in Section 51.70, or any
additional charges for special, additional or unusual services, shall be billed together with and as a
part of the monthly statement issued by the City for water services, at the same time as all other
charges. Garbage and trash collection service charges shall be itemized separately on that statement.
However, the City's contractor shall bill the commercial customers mce':v:'::g
...... :~1 .... :~ as set forth in Section 51.70, the monthly service charges for that service. This
may include a late fee in the amount of 1.5% of the unpaid balance for delinquent accounts
........ s ...... a an commerc customers.
15 Ord. No. 15-02
Section 10. 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 dechred to be invalid.
Section 11. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 12. 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 ,2002.
ATIEST
MAYOR
City Clerk
First Reading
Second Reading
16 Ord. No. 15-02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # l0 ~'' - REGULAR MEETING OF JUNE 4. 2002
ORDINANCE NO. 17-02 (AMENDING CHAPTER $5 "EMPLOYEE
POLICIES AND BENEFITS")
DATE: MAY 31, 2002
This ordinance is before Commission for second reading and public hearing to amend Chapter 35
"Employee Policies and Benefits" of the Code of Ordinances, Section 35.095(A)(4).
Section 35.095(A)(4) currently provides that bargaining unit employees shall not be required to
contribute to the pension plan. The modification will allow the NCF & O employees to contribute to
the pension plan in accordance with the collective bargaining agreement.
At the first reading on May 21, 2002, Commission unanimously approved this ordinance.
Recommend approval of Ordinance No. 17-02 on second and final reading.
S:\City Clerk\chevelle folder\agenda memo. Ord 17.02EmployeePolides.06.04.02.doc
[ITY DF DELRrlY BErlCH
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993 DATE: May 16, 2002
MEMORANDUM
TO:
FROM:
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Modifications to Chapter 35
In November of 2001 a Collective Bargaining Agreement was executed with the
NCF&O (blue collar union) for the period from October 1, 2001 to September 30,
2004. Under Article 13, Section 4, of the Agreement, no contribution from an
employee shall be required for the pension plan unless an actuarial evaluation
indicates that contributions are required to properly fund the plan. Section 4
further provides that if contributions are required, the City and the bargaining unit
members shall equally share such contributions on a percentage of payroll basis;
provided that no member shall be required to contribute more than 4.5% of basic
compensation unless the City and union agree to a greater participant contribution.
Section 35.095(A)(4) of the Code of Ordinances provides that bargaining unit
employees shall not be required to contribute to the pension plan.
This modification to Section 35.095(A)(4) allows the NCF&O employees to
contribute to the pension plan in accordance with the collective bargaining
agreement.
If this modification to Section 35.095 meets with your approval please place it on
the May 21, 2002 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
Barbara Garito, City Clerk
Joe Safford, Finance Director
Ned Gusty, Human Resources Director
ORDINANCE NO. 17-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", SUBHEADING "RETiREMENT PLAN", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING
SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY",
SUBSECTION 35.095(A), "PARTICIPANT'S CONTRIBUTION ACCOUNT',
TO PROVIDE FOR CHANGES TO CERTAIN PARTICIPANT
CONTRIBUTIONS; PROVIDING A GENERAL REPEAI.F.R CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to clarify the
contributions of NCF&O employees in accordance with the collective bargaining agreemem.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement
Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending
Section 35.095, "Contributions of Participam and City", Subsection 35.095(A), "Participants
contribution account" to read as follows:
Section 35.095 CONTRIBUTIONS OF PARTICIPANT AND CITY.
(A) Participant's contribution account.
(1) For the purpose of this section "PARTiCIPANT'S CONTRIBUTION
AOZIDUNT' will consist of tax deferred participant contributions. Effective the first pay period
beginning on or after October 1, 1989, employee contributions will be picked up by the city and
shall be treated as employer contributions for tax purposes. However, for all purposes of
determining benefits under the plan, they will be considered participant contributions.
(2) Each participant will contribute toward the cost of the plan an amount equal
to three percent (3%) of the first $4,800 of his basic annual compensation, and six percent (6%) of
basic annual compensation in excess of $4,800 until the beginning of the first pay period after
September 25, 1984. Beginning with the first payperiod after September 25, 1984, each participant
will contribute toward the cost of the plan an amount equal to six percent (6%) of basic
compensation. Effective as of the first pay period beginning on or after October 1, 1989,
participant contributions will be equal to four and one-half percent (4.5%) of basic compensation on
a tax-deferred basis. Beginning with the first pay period after September 1, 1999, participants shall
Ord. No. 17-02
not be required to contribute to the plan, except those participants described in paragraph (4) of this
Section.
(3) Anything in the plan to the contrary notwithstanding, the total benefits
payable under the plan to, or with respect to, a participant shall not be less than the benefits that can
be provided by the participant's contributions, and further provided, if a participant, who is
terminated, elects to withdraw participant contributions, the participant will be entitled to the retum
of participant contributions with interest, in lieu of all other benefits payable under the plan.
Effective September 1, 1999, if a participant has ten (10) or more years of credited service under the
plan a non-compounded simple interest rate of five (5%) percent per year shall be applied to the
principal balance of the participant's contribution as accrued on December 31 of each year.
Effective September 1, 1999, if a participant has less than ten (10) years of credited service under the
plan a non-compounded simple interest rate of three (3%) percent shall be applied to the principal
balance of the participant's contribution as accrued on December 31 of each year. Participant
contributions cannot be withdrawn while a participant remains in the employ of the city or after the
payment of benefits under the plan has commenced.
(4) Applicability to Bargaining Unit Employees. Participants who are members
of the bargaining unit represented by the National Conference of Firemen & Oilers shall not be
required to contribute to the plan unless a written actuarial valuation indicates that contributions are
required to properly fund the plan in an actuarially sound manner. If an actuary selected by the
Retirement Committee determines that additional contributions are required to properly fund the
plan, the City and bargaining unit members shall equally share such contributions on a percentage of
payroll basis; provided that no m_ember shall be required to contribute more than four and one-half
percent (4.5%) of basic compensation unless the City and union agree to a greater participant
contribution, pan ^c
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Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part dechred to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Ord. No. 17-02
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
__ day of ,2002.
ATIEST
MAYOR
City Clerk
First Reading
Second Reading.
Ord. No. 17-02
TO:
THRU:
FROM:
SUBJECT:
DAVI D..~.~ ~~IANAGER
PAUL DORLING, DIRECTOR OF PLANNING AND ZONING
MEETING OF JUNE 4, 2002
CONSIDERATION OF AN AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS TO ALLOW PRIVATE SCHOOLS AND OTHER SIMILAR
EDUCATIONAL FACILITIES AS A CONDITIONAL USE IN THE PC (PLANNED
COMMERCIAL) ZONING DISTRICT AND AMENDING THE SPECIAL
REQUIREMENTS FOR SPECIFIC USES.
Nobel Leaming Communities, Inc. seeks to operate the 'Paladin Academy" (a pdvate school) at the
Lake Ida Plaza (southwest comer of Congress Avenue and Lake Ida Road). The property is located
in the PC (Planned Commercial) zoning district, however private schools are not specifically listed as
an allowable use in the PC zoning district. As the use is not specifically listed, the applicant has
requested a LDR text amendment to add private schools and other educational facilities as a
conditional use.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of May 20,
2002. There was a lengthy discussion conceming the amount of required outdoor play area for these
schools between the applicant and the Board. The applicant was concerned that the 75 square feet
per student recommended by staff was excessive. This standard was modeled after the minimum
required for day care uses. The applicant suggested 20% of the leased area or 1,240 square feet,
which equates to 15.5 square feet per student. The Board concluded that the recommended 75
square feet of outdoor play area per student was appropriate. After discussing the amendment, the
Board voted unanimously (6-0) [Randolph absent] to recommend to the City Commission approval of
the amendment to th_e Land Development Re_gulations to allow "Private Schools and other Similar
Education Facilities" as a conditional use, based upon _a positive finding with LDR Section 2.4.5(M)(5)
and to amend the Special Requirements for Specific Uses to..add requirements for this. use.
By motion, approve on first reading the text amendment to the Land Development Regulations LDR
Section 4.4.12(D)(3) (Conditional Uses and Structures Allowed) to allow "Private schools and other
similar educational facilities" as a conditional use and add LDR Section 4.3.3(HHH) (Special
Requirements for Specific Uses) as noted in exhibit "A" of the Planning and Zoning Board staff report
dated May 20, 2002, based upon a positive finding with respect to LDR Section 2.4.5(M)(5), setting a
public hearing date of June 18, 2002.
Attachments: Planning & Zoning Board Staff Report of May 20, 2002 & Ordinance by Others
IO.D
ORDINANCE NO. 18-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF D~J.RAY BEACH, FLORIDA, AMENDING THE
LAND DEVFJ.OPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY
ADDING A NEW SUBSECTION 4.3.3(HHH), "PRIVATE
SCHOOLS AND OTHER SIMILAR EDUCATIONAL
FACILITIES", AND BY AMENDING SECTION 4.4.12,
"PLANNED COMMERCIAL (PC) DISTRICT", SUBSECTION
(D), "CONDITIONAL USES AND STRUCTURES
PERMITTED", TO ,AI.I.OW PRIVATE SCHOOLS AND
OTHER SIMILAR EDUCATIONAL FACILITIES WITHIN
THE PC ZONING DISTRICT; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHERF_~S, pursuant to I.DR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on May 20, 2002 and voted 4 to 2 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS:
-Section 1. 'That.Section 4.3.3; "Sp.ecial Requirements for Specific Uses",-of the Land'
Dev~lopme~at Re. gulafions of the Code of Ordinances of the City of Delray Beach, Flttida, be
amended by adding a new Subsection 4.3.3(HHH), "Private Schools 'and Other Similar Education
Facilities", to read as follows:
Section 4.3.3(HHH) Private Schools and Other Similar Education Facilities:
(1) Floor area: Facilities shall contain a minimum floor area of 35 square feet per child, exclusive
of space devoted to bathrooms, halls, kitchen, offices, and storage.
Loading area: A pickup and drop-off area for children shall be provided in a convenient area
adjacent to the building and shall provide clear ingress and egress to the building. A minimum
of a 100' dedicated vehicular drop-off/pick-up lane shall be provided. The stacking area is
measured from the loading area and shall not block drive-aisles or parking areas. A greater
distance may be required by the approving body based on the intensity of the Private School.
A lesser stacking distance may be approved by the Board based on a traffic impact statement.
Pathways that cross vehio~lar use areas shall be defined by special pavings, brick, striping or
other method acceptable to the Board.
Outdoor area: There shall be a minimum area of 75 squ_~re feet of outdoor phy area per
student. The phy area shall be located on the same lot as the principal use and shall not be
located in the front yard setback. The play area shall be surrounded by a 6'-high opaque fence
or chain link fence with a 6'-high hedge. Outdoor play areas shall meet the minimum setbacks
in the PC zoning district per LDR Section 4.3.4(K).
Transport vehicles: For private schools that utilize transport vehicles, an area must be
designated for the parking/storage of these vehicles and that these areas be screened when
visible from a public right-of-way or residentially zoned property in accordance with LDR
Section 4.6.4(A) and 4. 6.16 (H) (3) (e) . '
Other regulations: All Private Schools and Similar Facilities shall comply with the American
Disability Act (ADA), Standard Building Code, Fire Codes, and any other regulations
including State and County regulations as may be required.
(6) Private school facilities shall be limited to a maximum of 100 students when located in the PC
district.
Section 2. That Section 4.4.12, "Planned Commercial (PC) District", Subsection (D),
"Conditional Uses and Structures Permitted", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
'Section 4.4.-12 Planned .C0mmer~ial (PC) Disvrict:
~
02)) Conditional Uses and Structures Permitted: The following uses are allowed as
conditional uses within the PC District except as modified in the Lindell/Federal (Redevelopment
Area #6) Overlay District by Section 4.4.12(G):
(1)
Ali uses allowed as such within the GC District [Section 4.4.902))].
Playhouses, Dinner Theaters, and places of assembly for commercial entertainment
purposes (e.g., concerts, live performances)
Private ~*hool~ and other similar, educational filcilities, subject to Section
2 ORD. NO. 18-02
4.3.3(HHH)
Section 3. That should any section or provision of this ordinance or any portion thereof,
any p~ragraph, 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 past declated to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
ate hexeby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
~ day of ,2002.
ATTEST M A Y O R
city
First Reading
Second Reading
3 ORD. NO. 18-02
MEETING DATE:
MAY 20, 2002
AGENDA ITEM:
I¥.C. - AMENDMENT TO LDR SECTION 4.4.12(D)(3) TO
ADD "PRIVATE SCHOOLS AND OTHER SIMILAR
EDUCATIONAL FACILITIES" AS A CONDITIONAL USE IN
THE PC (PLANNED COMMERCIAL) ZONING DISTRICT
AND AMENDING LDR SECTION 4.3.3 SPECIAL
REQUIREMENTS FOR SPECIFIC USES TO ADD
SECTION 4.3.3(HHH) PRIVATE SCHOOLS AND OTHER
SIMILAR EDUCATIONAL FACILITIES.
The item before the Board is that of making a recommendation to the City Commission
regarding an LDR amendment to Section 4.4.12(D)(3) Planned Commercial (PC)zoning
district, Conditional Uses and Structures Permitted, to add "Private schools and other
similar educational facilities" as a conditional use, pursuant to LDR Section 2.4.5(M) and
provide special regulations in LDR Section 4.3.3 Special Requirements for Specific
Uses.
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
Nobel Learning Communities, Inc. seeks to operate the "Paladin Academy" (a private
school) at the Lake Ida Plaza (southwest comer of Congress Avenue and Lake Ida
Road). The property is located in the PC (Planned Commercial) zoning district,
.however private schools are not specifically listed as an allowable use in the PC ~oning
district.. As the use is not specifically listed, the applicant-has requested a LDR-text
.a~endment-to add private schools and other educational facilities as a permitted use.
At its meeting of April 15, 2002, the Planning and Zoning Board considered a text
amendment to the Land Development Regulations to add "Private sChools and other
similar educational facilities" as a permitted use in the PC zoning district. The Board
tabled the text amendment and directed the staff and the applicant to revise the
application to add the proposed use as a conditional use and that specific requirements
are created to mitigate any adverse impacts.
The applicant proposed the following text amendment to add "Private schools and other
similar education facilities" as a conditional use in the PC zoning district. The applicant
has also submitted a narrative that describes the operation of the proposed private
school:
Planning and Zoning Board Staff Report
LDR Amendment to Add Private Schools and Other Similar Educational Facilities in the PC Zoning
District
Page 2
"Nobel Learning Communities, /nc, a nationwide operator of non-sectarian, private
schools, proposes to locate a school in vacant space in Lake ida Plaza. Known as
Paladin Academy, the schools will educate students, ages 5 to 18, with learning
disabilities. These conditions will include processing difficulties, attention deficit
disorders with and without hyperactivity, and dyslexia. We will not accept students with
behavioral issues and students are generally enrolled for 1-3 years and then returned to
their own private or public school.
Paladin Academy will occupy 6,200 square feet of indoors instructional space and 2,500
square feet of outdoor play area. It will have a capacity of 80 students in 8 classrooms,
multi=purpose room and testing areas. The hours of operation will 8:00 a.m. to 5:00
p.m. Monday through Friday and will follow the Palm Beach County Public School
calendar. We'll also have a summer academic program. The school will operate two
14-passenger vans to transport some students to and from school. The majority of
students will be dropped off and picked up by their parents. A designated drop off area,
east of the rental space, will be provided for this service. A limited number of high
school students, probably 2 or 3, will drive to and from school. Staff parking for up to 12
vehicles will be provided on the site.
The play area will provide age-appropriate eqUipment and will be completely fenced. It
will be closely monitored at all times by school staff. The drop off and pick up periods
will be monitored and supervised. The school will have an entry controlled security
system and alarms/key pads on all exterior doors. Adequate security lighting will be
provided both in and around the facility. Exterior signage will be mounted on the
building in conformance with all city codes."
The proposed use is similar to Child Care Facilities and Educational Facilities in several
respects. The LDR contains specific requirements for these uses. It is appropriate to
~nclud~ many of the special'requirements for these uses as special regulations for
Private Schools. In addition to these requiremen.ts there is a concern with respect to the'
conflict between v(~hicle stacking for schobl buses and parents .ahd traffic flow within a
commercial center. Consequently, staff recommends a r~quirement that a minimum of
a 100' stacking lane be provided for Private Schools and that designated drop-off areas
be provided. A greater distance may be required based on the size and nature of the
proposed ~private school. It is noted, that Palm Beach County or the State of Florida
does not regulate the site requirements of Private Schools. In response to the Board's
direction, the applicant has suggested the following special regulations be adopted:
1. The school shall have less than one hundred (100) students.
2. There shall be at least twenty percent (20%) open recreational space.
3. There shall be a stacking lane of at least one hundred feet (100').
Planning and Zoning Board Staff Report
LDR Amendment to Add Private Schools and Other Similar Educational Facilities in the PC Zoning
District
Page 3
In response to the Board's direction staff recommends the following special regulations~
tailored after the child care regulations should be considered:
Floor area: Facilities shall contain a minimum floor area of 35 square feet per
child, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage.
Loading area: A pickup and drop-off area for children shall be provided in a
convenient area adjacent to the building and shall provide clear ingress and egress
to the building. A minimum of a 100' dedicated vehicular drop-off/pick-up lane
shall be provided. The stacking area is measured from the loading area and shall
not block drive-aisles or parking areas. A greater distance may be required by the
approving body based on the intensity of the Private School. A lesser stacking
distance may be approved by the Board based on a traffic impact statement.
Outdoor area: There shall be a minimum area of 75 square feet of outdoor play
area per student. The play area shall be located on the same lot as the principal
use and shall not be located in the front yard setback. The play area shall be
surrounded by a 6'-high opaque fence or chain link fence with a 6'-high hedge.
Private school facilities shall be limited to a maximum of 100 students when
located in the PC District.
Provision shall be made for appropriate parking of buses, vans, and etc. and they
shall be appropriately screened.
Other regulations: All Private Schools and Similar Facilities shall comply with the
American Disability Act (ADA), Standard Building Code, Fire Codes, and any other
regulations including State and County regulations as may be required.
LDR Section 2.4.5(M)(5) (Findin;s}: 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 Piari.
The following is the Purpose'and Intent of the PC zoning district:
The Planned Commercial (PC) District provides for retail, office, and other commercial
activities to be established on large sites in a well planned, functional, and aesthetically
pleasing manner. The PC District shall be applied to properties designated as
commercial on the Future Land Use Map where the unified development is, or will be, in
excess of five (5) acres; or when it is appropriate to preserve the character of certain
specialty retail and office centers; or to ensure that certain high visibility areas are
attractively developed."
The proposed private schools are essentially a commercial service where instruction is
provided for a fee. In this respect, the nature of this use is similar to other uses allowed
in the PC zoning district. The applicant indicates that the proposed use is appropriate
since vocational schools are permitted uses and child care and adult daycare are
Planning and Zoning Board Staff Report
LDR Amendment to Add Private Schools and Other Similar Educational Facilities in the PC Zoning
District
Page 4
allowed as conditional uses in the PC zoning district. However, private schools differ
from vocational schools with respect to hours of operation (i.e., peak hours), traffic
impact, and infrastructure demands. The applicant has indicated that students will be
primarily dropped-off by parents. Additional transportation will be provided by the
school via vans. Typically, planned commercial centers are not designed to
accommodate large drop-off areas including stacking, which are necessitated by this
type of use. Therefore, the impact of private schools within commercial plazas may be
detrimental to the commercial traffic flow within the parking areas. The anticipated peak
hours of pdvate schools would be in the morning and afternoon hours which differ from
a vocational school, which typically have evening hours. Further students provide their
own transportation and vehicle stacking is not an issue.
Another concern relates to the type of infrastructure usually associated with pdvate
schools i.e., the provision of outside recreational areas ranging from open space areas
to formal sports fields. Commercial shopping center development, which usually occurs
in the PC district, does not lend itself to the provision of this infrastructure. It is noted
this center has a child care center as a tenant with an associated playground area to the
rear of the center adjacent to the commercial loading areas. This, however, is not an
ideal situation and should not be encouraged particularly at the larger scale necessary
for private schools. Consequently, given these factors it is inappropriate to allow private
schools as a permitted use in the PC zoning district. Allowing Private Schools as
conditional uses is appropriate subject to the special requirements noted previously,
which would mitigate the potential adverse impacts associated within this use. It is
noted that similar concerns, yet not to the same degree, are experienced with Child and
Adult Care uses. These uses are allowed as a conditional use where they are
· assessed on a case by case basis within individual PC sites.
A comparison of regulations of other juriSdictions was conducted:
Palm Beach County:
Schools; elementary or secondary are allowed in the Community Commercial,
Commercial High Office, and General Commercial zoning district as a conditional
use. The Palm Beach-County Unified Land-Developmeht Code contains the
following regulations for schools:
1. Bike paths/pedestrian access. Pedestrian access/bike path and cross-walk
plan showing access to the school site from surrounding neighborhoods shall be
shown on the site plan.
2. Vehicular Circulation. Designated bus and parental drop off/pick up areas with
separate pedestrian pathways shall be provided. Pathways which cross
vehicular use areas shall be defined by special pavings, brick, striping, or other
methods acceptable to the DRC.
3. Dumpsters. Dumpster and trash receptacles shall be located a minimum of 75'
from residential property and screened in accordance with Section 6.6.5.A.5.
4. Signalization. Signalization shall be installed, at the school site entrance road, if
warranted, as determined by the County Engineer. Signalization shall be a mast
Planning and Zoning Board Staff Report
LDR Amendment to Add Private Schools and Other Similar Educational Facilities in the PC Zoning
District
Page 5
arm structure installation. Should signalization not be warranted after 12 months
of the final certificate of occupancy for private or charter schools, or school
openings for public schools the property owner/School Board shall be relieved of
this obligation.
5. Setbacks. Minimum building setbacks shall be as follows:
b. Nonresidential districts. Setbacks for schools in all nonresidential
zoning districts shall be consistent with Table 6.5-1. (The Count's setback
requirements in the PC zoning district is 50' from the front, side, side
street and rear).
6. Maximum building height. Structures higher than 35' shall be subject to a
Class A conditional use approval, unless otherwise stated in this Section.
7. Outside activity areas. Outside activity areas shall be located 50' from any
property line abutting a residential district. Passive outdoor accessory
recreational facilities shall be located a minimum of 25' from any property line
abutting a residential district. If deemed necessary to ensure compatibility with
surrounding uses the DRC shall require a buffer consisting of a 6' fence or
masonry wall and a continuous solid opaque hedge a minimum of 4' in height at
installation around an active or passive outdoor accessory recreational facility.
8. Lighting. Security and recreations lighting (i.e. outdoor activity area lighting, ball
fields, tennis courts, etc.) shall meet the requirements of Section 7.8.B, Outdoor
Lighting Standards.
Boynton Beach:
Academic schools are allowed as permitted uses in the Office and Professional
Commercial District, Community Commercial District, and Planned Commercial
Development District. The City of Boynton has no special regulations for private
schools.
Coral Sprin,qs:
Public or pdvate elementary, junior br senior high schools ~ire allowed in.the Comrhunity
Business Distdct as a permitted use. The City of Coral Spr[n'gs has the following.
.special regulatio.n~ for pdvate schools:
>' Buildings shall be located at least 30' from any residentially zoned lands.
:> Play lots located closer than 50' to a residentially zoned plot line shall be screened
by an opaque fence or wall or compact evergreen hedge not less than 5' in height.
Palm Beach Gardens:
Schools, Public and Private are allowed as conditional uses in the General Commercial
District, Commercial Recreation District, Intensive Commercial District. The City of
Palm Beach Gardens does not have any special regulations that pertain to private
schools.
Planning and Zoning Board Staff Report
LDR Amendment to Add Private Schools and Other Similar Educational Facilities in the PC Zoning
District
Page 6
City of Boca Raton:
Institutions of an Educational Character are allowed as permitted uses in the Motel-
Business District, the B-2 and B-4 General Business District, and the C-1 Commercial
District. The City of Boca Raton does not have any special requirements for private
schools.
COMPREHENSIVE PLAN POLICIES:
The applicant indicates that the proposed rezoning would further the following goals,
objectives and policies of the Comprehensive Plan:
Future Land Use Element Objective D-2: The role of schools in their neighborhoods
shall be enhanced so that the school facilities aid in achieving the goals and objectives
of this Comprehensive Plan, particularly those identified in the Housing Element, which
are directed toward the stabilization and revitalization of neighborhoods.
Future Land Use Element Policy D-2.3: The City shall strive to achieve better
cohesiveness of neighborhoods by lessening the number of school attendance districts
to which students are assigned and/or the number of students bused out of the City.
This shall be accomplished through drawing such boundaries by adding or subtracting
areas adjacent to existing districts, rather than by drawing from enclaves located
elsewhere.
Future Land Use Element Policy D-3.7: The City shall encourage the School Board
to select elementary and middle school locations that are within a reasonable walking
distance from neighborhoods that have substantial numbers of children who will attend
the school. The sites should be easily and safely accessible to pedestrians, bicycles,
school busses, mass transit, and cars. Whenever possible, access to the site should be
from a collector road (City collector or local road for elementary schools), as opposed to
an arterial road.
Housing Element objective. A-14: The C'.rty recognizes that the condition .~and
~operation of its schools has-a direct bearing.on the stability of its neighborhoods. A
poorly maintained physical plant can have a blighting influence on a surroundin~
neighborhood, and a school with poor educational performance can have a depreciating
impact on the property values of homes located within the district. The City will continue
its efforts to upgrade and improve schools located within its boundaries.
Housing Element Policy 14.2: Where appropriate, the City will provide land or funding
to facilitate the improvement of local schools. Such investment shall be accomplished
through interiocal agreements with the school district.
Open Space and Recreation Element Policy A-3.2' The role of the Parks and
Recreation Department in fulfilling community needs in culture and the arts shall
continue to focus on programs. Private and quasi-public groups (e.g. Old School
Square Foundation, Public Library, Atlantic Avenue Merchants Association, Historic
Society, etc.) should be encouraged to provide facilities necessary to accommodate the
Planning and Zoning Board Staff Report
LDR Amendment to Add Private Schools and Other Similar Educational Facilities in the PC Zoning
District
Page ?
arts (e.g. auditorium, indoor concerts, and the performing arts). The city shall provide
reasonable assistance to such groups in as much as such efforts relate to the overall
economic development of the community.
Analysis:
While the above objective and policies primarily relate to public education facilities, they
do show the importance the City puts on providing quality educational facilities,
regardless if they are public or privately operated. Further, in some situations it may be
appropriate to allow private educational facilities as a conditional use in the PC zoning
district. In accordance with the Board's direction, the applicant and staff has developed
a set of requirements that address the potential adverse impact generated by private
schools in the PC zoning district. While the Goals, Obiectives and Policies identified by
the applicant do not support the proposed LDP, amendment, they do not expres,~
opposition to allowinq private schools in the PC zoninq district. The addition of special
requirements to allowing private schools as a conditional use in the PC zone district
should provide sufficient control to the City to mitigate any adverse impacts generated
by this type of use.
While the provision of private schools is appropriate in the PC zoning district, it would be
not be appropriate in the GC (General Commercial) zoning district. As the PC zoning
district is usually applied to large sites, while the GC zoned properties are usually on
small lots with shallow depths, and are primarily located in redevelopment areas where
additional commercial activity is encouraged. With regard to the applicant's request,
limiting the number of students may be appropriate and a maximum of 100 is proposed.
Stacking should include accommodations for bus or van drop-off. A review of other
sites revealed that.transport vehicles are parked/stored on the site. These vehicles
should be parked in designated areas with appropriate dimensions and screened
accordingly and a related condition is recommended. The play area suggested by the
applicant (20% of the leased area) or 1,300 sq.ft, seems minimal for 80 students. There
will be different recreational periods for each grade, and recreation needs are also dealt
with through field tdps. -
Given-the alSover while--the proposed text amendment to allow private schools and'other '
similar educational facilities- does' not further the goals, '~bjectives and policies of the
Comprehensive Plan, it is not inconsistent with them. Therefore, a positive finding with
respect to LDR Section 2.4.5(M)(5) can be made.
The proposed zoning text amendment to the PC zoning district would not affect the
Community P,edevelopment Agency or the Downtown Development Agency as their
areas do not contain this zoning category.
Planning and Zoning Board Staff Report
LDR Amendment to Add Private Schools and Other Similar Educational Facilities in the PC Zoning
District
Page 8
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
Rainberry Bay
Pines of Delray North
Rainberry Lakes
Chatelaine
County Manor
PROD
Presidents Council
Delray Shores
Sudan
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
A. Continue with direction.
Bo
Recommend approval of the text amendment to LDR Section 4.4.12(D)(3) to
allows "Private schools and other similar education facilities" as a conditional
use and add LDR Section 4.3.3(HHH) to provide special requirements for
these uses based upon positive findings with respect to LDR Section
2.4.5(M)(5).
C. Recommend denial of the text amendment to LDR Sections 4.4.12(B)(3) and
4.3.3(HHH), based upon failure to make positive findings with the respect to
-LDR Section 2.4:5(M)(5).
By motion, recommend to the City Commission approval of the request to amend LDR
Section 4.4.12(D)(3) (Conditional Uses and Structures Allowed) to allow "Private
schools and other similar educational facilities" as a conditional use and add LDR
Section 4.3.3(HHH) (Special Requirements for Specific Uses), based upon a positive
finding with LDR Section 2.4.5(M)(5).
Attachment:
· Exhibit "A" - Proposed Amendment
· PC Zoned Districts Map
Planning and Zoning Board Staff Report
LDR Amendment to Add Private Schools and Other Similar Educational Facilities in the PC Zoning
District
Page 9
If the Planning and Zoning Board recommends approval of the amendment to allow
private schools and other similar education facilities within the PC zoning district, the
following ordinance is recommended:
Section 4.3.3 Special Requirements for Specific Uses:
Section 4.3.3(HHH) Private Schools and Other Similar Education Facilities:
(1) Floor area: Facilities shall contain a minimum floor area of 35 square feet per
child, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage.
(2)
Loading area: A pickup and drop-off area for children shall be provided in a
convenient area adjacent to the building and shall provide clear ingress and egress
to the building. A minimum of a 100' dedicated vehicular drop-off/pick-up lane
shall be provided. The stacking area is measured from the loading area and shall
not block drive-aisles or parking areas. A greater distance may be required by the
approving body based on the intensity of the Private School. A lesser stacking
distance may be approved by the Board based on a traffic impact statement.
Pathways that cross vehicular use areas shall be defined by special pavings, brick,
striping or other method acceptable to the Board.
(3)
Outdoor area: There shall be a minimum area of 75 square feet of outdoor play
area per student. The play area shall be located on the same lot as the principal
use and shall not be located in the front yard setback. The play area shall be
surrounded by a 6'-high opaque fence or chain link fence with a 6'-high hedge.
Outdoor play areas shall meet the minimum setbacks in the PC zoning district per
LDR Section 4.3.4(K).
(4)
Transport vehicles; For private scho(~ls that utilize tra. nsport ~/ehicles, an are.a-must
*be designated for the p-arking/storage of. these'vehicles and that these be areas be
screened when visible from a public right-of-way or residentially zoned property in
accordance with LDR Section 4.6.4(A) and 4.6.16(H)(3)(e).
(5)
Other regulations: All Pdvate Schools and Similar Facilities shall comply with the
Amedcan Disability Act (ADA), Standard Building Code, Fire Codes, and any other
regulations including State and County regulations as may be required.
(6) Private school facilities shall be limited to a maximum of 100 students when
located in the PC district.
Planning and Zoning Board Staff Report
LDR Amendment to Add Private Schools and Other Similar Educational Facilities in the PC Zoning
District
Page ]0
Section 4.4.12 Planned Commercial (PC) District:
(D) Conditional Uses and Structures Permitted: The following uses are allowed as
conditional uses within the PC District except as modified in the Lindell/Federal
(Redevelopment Area #6) Overlay District by Section 4.4.12(G):
(1)
(2)
All uses allowed as such within the GC District [Section 4.4.9(D)].
Playhouses, Dinner Theaters, and places of assembly for commercial
entertainment purposes (e.g., concerts, live performances)
(3)
Private schools and other similar educational facilities, subiect to Section
4.3.3(HHH)
CITY OF DELRA¥ BEACH, FLORIDA
i
NW. 2N~ ST.
LRCTON BOULEVARD
I
I
I
PC (PLANNED COMMERCIAL) ZONING DISTRICTS
GULF STREAM BLVD.
......... C~U~S .........
ONE MILE
GRAPHIC SCALE
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
2002
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING, DIRECTpR ~F PLANNING AND ~O~'IN~,,,,~ ,,~/// ~
JEFFREY A. COSTELLO, PRINCIPAL PLANNEF~,d~'
MEETING OF JUNE 4, 2002
CONSIDERATION OF AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
TO ALLOW PUBLIC EDUCATIONAL FACILITIES AS A PERMITTED USE IN ALL
RESIDENTIAL ZONING DISTRICTS.
In 1998, the Flodda Legislature amended Section 163.3177(6)(a), Flodda Statutes, to require local
governments to include school siting location ctiteda in their comprehensive plans. Included with the City's
Comprehensive Plan Amendment 99-1 was a policy which clearly identified all land use categories, except
Conservation, as areas where public education facilities are consistent and included criteria which encourages
the location of schools proximate to urban residential areas.
In 2001, Palm Beach County, the School District of Palm Beach County, and 26 participating local
governments within the school district chose to implement public school concurrency, requiring each local
government to adopt consistent comprehensive plan amendments. At its meeting of December 11, 2001, the
City Commission adopted Comprehensive Plan Amendment 01-3, which involved creation of a new Public
Schools Facilities Element. One of the policies within the Element related to permitting public schools in all
residential land use categories. Additional background and an analysis are found in the attached Planning and
Zoning Board staff report.
The Planning and Zoning Board held a public heating regarding this item at its meeting of May 20, 2002.
There were several members of the public who spoke in opposition to the request. An attorney representing
the Coral Trace Homeowners Association as well as other residents from the same association and a member
of CARA (Citizen's Against Relocating Atlantic High School) were very site specific regarding their comments,
which primarily opposed the relocation of Atlantic High School to the property south of the Coral Trace
subdivision, known as the Tate property. The attorney representing Coral Trace stated that public schools are
currently allowed in the CF (Community Facilities)' zoning district and that the code should not be changed'to
allow schools in the residential zOning districts. Another person {Nas concerned with pdva'tely operated public
'facilities, such as charter schools, being permitted within' the residential zoning districts. ' After discussing the
amendment, the Board voted 5-1 (Warner dissenting, Randolph absent) to recommend to the City Commission
approval of the amendment to the Land Development Regulations to allow 'Public Educational Facilities of
Palm Beach County School Board, excluding Charter Schools "as a permitted use in all residential zoning
districts, based upon a positive finding with LDR Section 2.4.5(M)(5).
By motion, approve on first reading the text amendment to the Land Development Regulations LDR Section
4.4.27(C) to allow 'Public Educational Facilities of Palm Beach County School Board, excluding Charter
Schools" as a permitted use in all residential zoning districts, based upon a positive finding with LDR Section
2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the
City's Comprehensive Plan, and setting a public heating date of June 18, 2002.
Attachments: Planning & Zoning Board Staff Report of May 20, 2002 & Ordinance by Others
ORDINANCE NO. 19-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.4.3,
"SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS",
SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL)
DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT", AND SECTION 4.4.7,
"PLANNED RESIDENTIAL DEVFJ.OPMENT (laRD)
DISTRICT", TO .AIJ.OW PUBLIC EDUCATIONAL
FACILITIES OF PALM BEACH COUNTY SCHOOL
BOARD, EXCLUDING CHARTER SCHOOLS IN .ALL
RESIDENTIAL ZONING DISTRICTS AS A PRINCIPAL
USE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on May 20, 2002 and voted 5 to 1 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEl.RAY BF~.CH, FLORIDA, AS FOLLOWS:
Section 1. That Sectioti 4.4.3, "Single Family Residenrial (R-l) .Districts", Stlbsec~on (B),.
-"Prin. cipal Uses and Structures Permi~e'd", of the Land Developthent Regulations of the Cbde of
Ordinances of the City of Delrdy Beach, Florida, be amended to read as follows:
Section 4.4.3 Single Family Residential (R-l) Districts:
05) Principal Uses and Structures Permitted: The following types of use axe allowed within
the Single Family Districts as a permitted use:
(1) Conventionally sited single family detached residences.
(2) Group Home, Type 1, pursuant to the restrictions set forth in Section
4.3.3(1).
Parking lots not associated with a use, pursuant to an adopted neighborhood
or redevelopment plan.
Pocket parks.
Public educational facilities of palm Beach County. School Board. excluding
charter schools.
Section 2. That Section 4.4.5, "Low Density Residential (P.L) District", Subsection (B),
"Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
Section 4.4.5 Low Density Residential (RL) District:
(B) Principal Uses and Structures Permitted: The following types of use are allowed within
the (RL) District as a permitted use:
(1) Single family detached dwellings.
(2) Duplex structures.
(3) Multiple family structures.
(4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1).
(s)
Parking lots not associated with a use, pursuant to an adopted neighborhood or
redevelopment plan.
Pocket parks..
Pub~ ~ducational facilities o~ Palm'Beach County. Scliool B~ard..excluding
charter schools.
Section 3. That Section 4.4.6, "Medium Density Residential (RM) District", Subsection (B),
"Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
Section 4.4.6 Medium Density Residential (RM) District:
(B) Principal Uses and Structures Permitted: The following types of use are allowed within
the (RM) District as a permitted use:
2 ORD. NO. 19-02
(1)
(2)
(3)
(4)
($)
(6)
Section 4.
Single family detached dwellings.
Duplex structures.
Multiple family structures.
An abused spouse residence with twelve (12) or fewer residents.
Group Homes, Types 1 and 2, and Community Residential Homes, pursuant
to the restrictions set forth in Section 4.3.3(1).
Parking lots not associated with a use, pursuant to an adopted neighborhood
or redevelopment plan.
Pocket parks.
Public educational facilities of Palm Beach County. School Board. excluding
charter schools.
That Section 4.4.7, "Planned Residential Development (PRE)) District",
Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
Section 4.4.7 Planned Residential Development (PRD) District:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the (PRD) District as a permitted use:
(1) ~ Sifigle f~.'y detached dwelling whether conventional or'zero lot line design.
(2) ISupl~ structures.
(3) Multiple Family structures.
Public educational facilities of Palm Beach County. School Board. excluding
charter schools.
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.
3 ORD. NO. 19-02
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That this ordinance shall become effective mediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regnl~r session on second and final reading on this the
day of ,2002.
ATTEST
MAYOR
City Oerk
First Reading
Second Reading
4 ORD. NO. 19-02
MEETING DATE:
AGENDA ITEM:
MAY 20, 2002
IV.F. - AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS TO ADD PUBLIC EDUCATIONAL
FACILITIES AS A PRINCIPAL (PERMITTED) USE IN
RESIDENTIAL ZONING DISTRICTS.
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to the Land Development Regulations to add 'Public
Educational Facilities" as a permitted use in residential zoning districts, pursuant to LDR
Section 2.4.5(M).
Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations
may not be made until a recommendation is obtained from the Planning and Zoning
Board.
LDR Section 2.4.5(M)(5) (Findin_es}: 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.
In 1998 the Florida Legislature amended Section 163.3177(6)(a), Florida Statutes, to
require local governments to include school siting location criteria in their
comprehensive plans. The criteria are to encourage the location of schools near urban
areas and to collocate them with parks, libraries and community centers to the greatest
extent possible. Local governments were required to revise their Future Land Use
Elements by October'1, 1999 to incorporate these criteria and designate the land use
categories where-public schools are an allowable use. The City processed the required
changes as part of Comprehensive Plan Amendment 99-1. -The amendment clearly
identified all land use categories except conservation as areas were pUblic education
facilities are consistent and included criteria which encourages the location of schools
proximate to urban residential areas.
In 2001, Palm Beach County, the School District of Palm Beach County, and 26
participating local govemments within the school district chose to implement public
school concurrency, requiring each local government to adopt consistent
comprehensive plan amendments. The proposed Plan amendments for school
concurrency were submitted along with executed Interlocal Agreements which satisfy
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts
Page 2
the requirements of Florida Statutes, and established processes for intergovemmental
coordination and collaborative planning among the participants.
At its meeting of August 21, 2001, the City Commission initiated Comprehensive Plan
Amendment 01-3 relating to School Concurrency. The amendment involved creation of
a new Public Schools Facilities Element, which included a definition section and related
map series, and revisions to the existing Capital Improvement Element to include the
School Districts adopted Six-Year Capital Facilities Plan. At its meeting of December
11, 2001, the City Commission adopted the Comprehensive Plan Amendment. One of
the policies within the Public School Element related to permitting public schools in all
residential land use categories. In addition, the Element included the following objective
and policies as they relate to this text amendment:
PUBLIC SCHOOL FACILITIES ELEMENT OBJECTIVE B-f - School Facility Sitin.q:
To establish a process of coordination and collaboration between the County, local
governments, and the School District in the planning and siting of public school facilities
in coordination with planned infrastructure and public facilities.
Public School Facilities Element Policy B-f.f The City of Delray Beach shall
coordinate and provide for expedited review of development proposals with the School
District during the development review process to ensure integration of public school
facilities with surrounding land uses and the compatibility of uses with schools.
Public School Facilities Element Policy B-1.4 The City of Delray Beach shall
encourage the location of schools proximate to urban residential areas by:
Assisting the School District in identifying funding and/or construction
opportunities (including developer participation or City of Delray Beach capital
budget expenditures) for sidewalks, traffic signalization, access, water, sewer,
drainage and other infrastructure improvements;
· Providing for the review for all school sites as indicated in Policy B-1.1 above;
and,
· Allowing schools as a permitted_ use-within all urban residential land use
categories. '
In addition to the above policy, the following goals, objectives and policies apply:
FUTURE LAND USE ELEMENT GOAL AREA "D": THE PUBLIC SCHOOL SYSTEM
WHICH SERVES DELRAY BEACH SHALL BE AN ASSET TO THE COMMUNITY
THROUGH CONTRIBUTING TO THE STABILIZATION OF NEIGHBORHOODS AND
ACCOMMODATING THE NEEDS AND DESIRES OF EXISTING AND FUTURE
RESIDENTS OF THIS CITY.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment- Public Educational Facilities in Residential Zoning Districts
Page 3
Future Land Use Element Objective D-2 - The role of schools in their neighborhoods
shall be enhanced so that the school facilities aid in achieving the goals and objectives
of this Comprehensive Plan, particularly those identified in the Housing element, which
are directed toward stabilization and revitalization of neighborhoods.
Future Land Use Element Policy D.2.2- The City Commission shall work in concert
with the School District to reduce and minimize the busing of Delray Beach out of De/ray
Beach, in order to enable as many children as possible to attend schools that are in or
near they own neighborhoods.
Future Land Use Element Policy D-2.3- The City shall strive to achieve better
cohesiveness of neighborhoods by lessening the number of school attendance districts
to which students are assigned, and/or the number of students bused out of the City.
This shall be accomplished through drawing such boundaries be adding or subtracting
areas adjacent to existing districts, rather than by drawing from enclaves located
elsewhere.
Future'Land Use Element Objective D-3- The City shall cooperate with the School
Board to achieve placement of new schools inside of the County's urban services area,
to upgrade and enhance existing facilities with the City, and to schedule individual
facility needs in an orderly and timely manner that is responsive to meeting the other
objectives of this goal area.
Future Land Use Element Policy D-3.5 - Public educational facilities of the School
District of Palm Beach County shall be consistent with all land use categories except
Conservation.
Future Land Use Element Policy D.3.6 - The location and construction of new public
educational facilities and the expansion of existing facilities shall be permitted based
upon a finding that the proposal is consistent with applicable goals, objectives, and
policies of the Comprehensive Plan, and is compatible with adjacent land uses and
development patterns.
In additior{ to Goal Area D above, there are a number of objectives and policies which
.support public educational facilities in residential zoning districts. State Statutes 235.193'
requires c,~ordinatiorr between SChool Boards and local governing bodies to ensbre that
plans for'the construction and opening of public educational facilities are facilitated ~nd
coordinated in time and place with plans for residential development, concurrently with
other services. Further, local governing bodies may not deny a proposal, but may
impose reasonable development standards and conditions. Given the above, it is more
appropriate to allow public educational facilities as a permitted use. Construction of
public schools are subject to the Florida Department of Education's "State
Requirements for Educational Facilities", which are development standards for public
schools.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts
Page 4
Currently, in the City's LDRs public educational facilities are only allowed in the CF
(Community Facilities) zoning distdct as a conditional use. Educational facilities with a
focus towards special needs students are also allowed as a conditional use subject to
special criteria, similar to child care facilities. In conjunction with this text amendment it
may be appropriate to modify the CF zoning district regulations to allow educational
facilities as a permitted use.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based
upon a finding that the amendment is consistent with and furthers the Goals, Objectives,
and Policies of the Comprehensive Plan. This amendment clearly furthers the Goals,
Objectives, and Policies of the Comprehensive Plan.
By motion, recommend to the City Commission approval of an amendment to the Land
Development Regulations to add 'Public Educational Facilities" as a permitted use in
residential zoning districts, based upon a positive finding with LDR Section 2.4.5(M)(5),
that the text amendment is consistent with and furthers the Goals, Objectives and
Policies of the City's Comprehensive Plan.
Attachments: LDR ~ Amendment
Ref:LDRPublicSctxx)lslnResidenlialZoning3
TO:
THRU:
FROM:
SUBJECT:
DAVI~)~R~MANAG ER
PAUL DORLING, PLAI~G AND ZONING DIRECTOR
SCOTT D. PAPE, SENIOR PLANNER~-~=,,,~....___
MEETING OF JUNE 4, 2002
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM MD
(MEDIUM
DENSITY RESIDENTIALI5-12 DWELLING UNITS PER ACRE) TO CC
(COMMERCIAL CORE) AND REZONING FROM RM (MULTIPLE FAMILY
RESIDENTIAL - MEDIUM DENSITY) TO CBD (CENTRAL BUSINESS DISTRICT)
FOR A PARCEL OF LAND LOCATED ON THE EAST SIDE OF VENETIAN DRIVE,
APPROXIMATELY 278' SOUTH OF EAST ATLANTIC AVENUE.
The property consists of the north 25' of Lot 1, Block C of the John B. Reid's Village and contains 0.09
acres, The property contains a parking area that was installed when the Atlantic Center Shoppes
shopping center was constructed in 1957.
Additional background and an analysis of the request are found in the attached Planning and Zoning
Board Staff Report.
At its meeting of May 20, 2002, the Planning and Zoning Board held a public hearing in conjunction
with the request. There were seven people from the public that spoke in opposition to the proposed
actions. The general sentiment was the opposition to the use of the property as a parking garage,
which is a possible future development scenario identified in the Downtown Delray Beach Master
Plan. In addition to public comment there were six letters submitted for the Board's consideration in
opposition to the proposed rezoning. After reviewing the staff report and discussing the proposal, the
Board voted 6-0 (Randolph absent) to recommend that the request be approved, based on
consistency with the Downtown Delray Beach Master Plan (i.e. Commercial Use) and positive findings
with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings); LDR Section 3.1.1 .(Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and
the.Goals,. Objectives, and Policies of the Comprehensive Plan.
~'~ ~ ~COMMENDED ACTION,'
By motion, approve on first reading the ordinance for the proposed small scale FLUM Amendment
from MD (Multiple Family Residential 5-12 dwelling units per acre) to CC (Commercial Core) and
Rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District)
based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect
to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals,
Objectives, and Policies of the Comprehensive Plan.
Attachments: P & Z Staff Report of May 20, 2002
ORDINANCE NO. 20-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DF. IRAY BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS
CONTAINED IN THE COMPREHENSIVE PLAN FROM
MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) TO
CC (COMMERCIAL CORE); I=J.ECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMAIJ. SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND PRESENTLY
ZONED RM (MULTIPLE FAMILY RESIDENTIAL -
MEDIUM DENSITY) DISTRICT TO CBD (CENTRAL
BUSINESS) DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED ON THE EAST SIDE OF VENETIAN
DRIVE, APPROXIMA'I~J.Y 280 FEET SOUTH OF
ATLANTIC AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, FEBRUARY, 2002";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, 1000 Atlantic Avenue Partners, L.P., is the fee simple owner of a 0.1 acre
parcel of land located on the east side of Venetian Drive, approximately 280 feet south of Atlantic
Avenue; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use
Map (FLUM) designation of MD (Medium Density Residential 5-12 du/ac); and
WHEREAS,. the ownei of the prope.rty requested to change the Future Land 0se Map
designation .frbm MD (Medium Density Residential 5:12 du/ac) to CC (C. 6mmerci l Core); ana
'Wi-IEREAS, the property he~einafte~ described is showh on ge Zoning District Map of [he
City of Delray Beach, Florida, dated February, 2002, as being zoned RM (Multiple Family
Residential - Medium Density) District; and
WHEREAS, at its meeting of May 20, 2002, 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
WHE1LEAS, 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 1. That the Future Land Use Map designation of the subject property is hereby
officiully affixed as CC (Commercial Core).
Section 2. 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 3. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of CBD (Central Business) District for the
following described property:
The North 25 feet of Lot 1, Block C, John B. Reid's Village, according to the Plat
thereof as recorded in Plat Book 21, Page 95, Public Records of Palm Beach County,
Florida.
Section 4. That the Phnning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Dekay Beach, Florida, to conform
with the provisions of Section 3 hereof.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. 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 7. That this ordinance shall become effective as follows: thirty-one 01) days after
~idopfion, unless the amendment is challenged pursp/nt to Section 163.31870); F.S... ff challenged,
the .effective date'of this ame,dment- shall be the date a final order is issued by the Depatianent-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 Depatunent of Community Affairs, Bureau of Local Planning, 2740 Centetview
Drive, T~lhhassee, Florida 3239%2100.
2 ORD NO. 20-02
PASSED AND ADOPTED in reg-lar session on second and final reading on this the
day of ., 2002.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3 ORD NO. 20-02
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
May 20, 2002
IV. D. -.,
Future Land Use Map Amendment (Small-Scale)'From MD (Medium Density
Residential 5-12 du/ac) to CC (Commercial Core) and Rezoning From RM
(Multiple Family Residential - Medium Density) to CBD (Central Business
District) For a Parcel of Land Located oh the East Side of Venetian Ddve,
Approximately 280 Feet South of Atlantic Avenue.
GENERAL DATA:
Owner/Applicant ..............
Agent ............................... Weiner & Aronson, P.A.
Location ..........................
1000 Atlantic Avenue Partners, L.P.
V~ein~r & Arc nson, P.A.
Located on the East Side of
Venetian Ddve, Approximately
280 Feet South of
Atlantic Avenue. '
0.1 Acres
MD (Medium Density Residential 5-
12 du/ac)
CC (Commercial Core)
RM (Multiple Family Residential-
Medium Density) )
Property Size ...................
Existing FLUM .................
Proposed FLUM ..............
Current Zoning ................
Proposed Zoning .............
Adjacent Zoning ..... North:
East:
South:
West:
Existing Land Use ............
Proposed Land Use .........
Water.Service .........
Sewer Service ......
CBD (Central Business District)
CBD (Central Business District)
CF (Community Facilities)
RM (Multiple Family Residential -
Medium Density)
RM (Multiple Family Residential-
Medium Density)
Parking
Same as existing
Existing on site -
Existing on site
ATLANTIC
AVENUE
The action before the Board is that of making a recommendation to the City
Commission on a privately sponsored Future Land Use Map (FLUM! Amendment from
MD (Medium Density Residential/5-~2 dwelling units per acre) to CC (Commercial
Core) and rezoning from RM (Multiple Family Residential - Medium Density) to CBD
(Central Business District) for property located on the east side of Venetian Drive,
approximately 278' south of East Atlantic Avenue.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to FLUM Amendments for any property within the City.
Pursuant to 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 the
rezoning of any property within the City.
The property consists of the north 25' of Lot 1, Block C of the John B. Reid's Village
and contains 0.09 acres. The property contains a parking area that appears to have
been installed when the Atlantic Center Shoppes shopping center was constructed in
1957.
In accordance with Chapter 163, Florida Statutes, this Future Land Use Map
amendment is considered a small scale amendment and is not limited to the twice-a-
year Comprehensive Plan Amendment review process.
Florida Statutes 163.3187 -Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statutes 163.3187. 'This statute states that any. local
{~overnment comprehensive land use amendments ~irectly related to proposed small
scale development a(~tivities may be approved without regard to st,-Stutory limits on the
frequency of consideration of amendments (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;
Planning and Zoning Board Staff Report
Atlantic Center Shoppes Rear Parking Area - Small-Scale FLUM Amendment and Rezoning
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
12 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 hre
designated in the Comprehensive Plan for urban infill, urban redevelopment, or
downtown revitalization;
El
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 subject property is located within the Community Redevelopment Area in the area
of the City that is covered by the Downtown Delray Beach Master Plan. This plan,
required by Future Land Use Element Policy C-4.2, was adopted by the City
Commission on March 19, 2002. The proposed Future Land Use Map amendment
involves a 0.09-acre area, thus the total area is less than the 10 acre maximum. The
maximum density of the proposed CC (Commercial Core) designation is the same as
that allowed in the MD (Medium Density Residential - 5 to 12 Dwelling Units Per Acre)
designation. The property is currently developed as a parking area for an existing
commercial shopping center and there are no other development proposals pending for
this property. The proposed FLUM Amendment and Rezoning represent a corrective
measure to propedy designate the subject property according to its commercial use.
This amendment along with other small-scale amendments processed this year does
not exceed 120 acres (2.606 acres total). The property has not previously been
considered for a land use amendment nor has the same owner's properties, within 200
feet, been granted a land use change within the last year. The amendment does not
involve a text change t.o the Comprehensive Plan and it is not located within an area of
critical state concem.
LDR (Chapter 3). PERFORMANCE STANDARDS:
Pursuanl~ to Section 3.1.1 (Required Findings), prior to approval of Land Use
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written
materials submitted by the applicant, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
Future Land Use Map: The resulting use of land or structures must be allowed in
the zoning district within which the land is situated and said zoning must be
Planning and Zoning Board Staff Report
Atlantic Center Shoppes Rear Parking Area - Small-Scale FLUM Amendment and Rezoning
Page 3
consistent with the applicable land use designation as shown on the Future Land
Use Map.
The existing parking area is allowed as an accessory use to the Atlantic Center
Shoppes shopping center in the CB'D (Central Business District) zoning district.-The
CBD zoning distdct is consistent with the Commercial Core Future Land Use Map
designation.
The remaining required findings of LDR Section 3.1.1, Cbncurrency, Comprehensive
Plan Consistency and Compliance with the Land Development Regulations are
discussed below.
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
(FLUM) must be based upon the findings listed below, and must be supported by
data and analysis that demonstrate compliance with these findings:
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 proposed FLUM amendment will fulfill Future Land Use Element Policy C-4.2,
stated as follows:
Future Land Use Element Policy C-4.2: A special CBD plan shall be developed.
jointly bY'the CRA and the City. It shaft address the maximum development which
can be accommodated ih a competitive rharket'while still retainihg the "village like,
community by-the-sea" character of the CBD. It shaft further identify the
infrastructure requirements, including parking, which will be needed to
accommodate such an intensity of development. Such a plan shaft be formally
processed as an amendment to the Comprehensive Plan. The plan shaft be
instituted under the lead of the Community Redevelopment Agency but conducted
through close participation with the City's Planning and Zoning Department.
The CBD plan, which is now known as the Downtown Delray Beach Master Plan
(adopted March 19, 2002) provides a redevelopment scenario for the subject
property. The Master Plan indicates that the Atlantic Center Shoppes could be
redesigned to fill-in the parking area in front of the center with a new building
fronting on Atlantic Avenue and a structured parking garage provided behind (south
Planning and Zoning Board Staff Report
Atlantic Center Shoppes Rear Parking Area - Small-Scale FLUM Amendment and Rezoning
Page 4
of) this building. The subject property would be incorporated into a landscape buffer
for the garage. While the specific project plans and sketches included in this Master
Plan are conceptual in nature, provided to graphically illustrate one possible solution
to an identified problem or opportunity, the site's continued use for commercial
development is anticipated. There'1'ore, it is appropriate that the proposed FLUM'and
Zoning' Map designations be applied to the property. Not only are these designations
more consistent with existing development, they are also consistent with the Master
Plan and are required to facilitate redevelopment of the property.
Since this Comprehensive Plan policy is furthered by the proposed FLUM
amendment, a positive finding can be made with respect to fulfilling a demonstrated
need.
[3 Consistency - The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan.
The proposal is consistent with the above policy as well as other goals, objectives
and policies of the City's Comprehensive Plan. The FLUM amendment will also
address the following Comprehensive Plan Policy:
Coastal Management Element Policy C-3.2 - There shall be no change in the
intensity of land use within the barrier island and all infill development which does
occur shaft connect to the City's storm water management system and sanitary
sewer system.
As previously stated, the existing use of the property is a parking area for a
commercial shopping center. The proposed FLUM amendment and rezoning are
corrective. Under the proposed designations, redevelopment of the property will be
consistent with the commercial property to the north. With regards to residential
density, within the CBD zoning district, residential density is limited to 12 units per
acre on properties east of the Intracoastal Waterway. Thus, there will be no increase
in residential density potential.
Concurrency .-- Development. at the Highest intensity possible under, the
requested designation c.a'n meet the adopted concurrency standards.-
'i'he proposal involves t~e FLUM amendment on a 0.09 acre parcel from MD to CC
and a rezoning from RM to CBD. With the current FLUM and Zoning Map
designations, the property could not be redeveloped, as it does not meet the
minimum lot size, lot width, lot depth and lot frontage in the RM zoning district.
Given the size of the subject property, redevelopment to a use other than its current
use is unlikely. Furthermore, redevelopment of the property is directed by the
Master Plan, which designates the subject property for commercial development
with potential as a landscape buffer for a parking facility. As an accessory parking
area to the shopping center or landscape buffer, the subject property would not
generate an impact greater than the existing parking area.
Planning and Zoning Board Staff Report
Atlantic Center Shoppes Rear Parking Area - Small-Scale FLUM Amendment and Rezoning
Page 5
Compatibility - The requested designation will be compatible with the existing
and future land uses of the surrounding area.
As noted previously, the existing parking area has existed on the subject prOperty
with no known conflicts with adjacent properties. The Downtown Delrey Beach
Master Plan designates the subject prOperty as part'of a redeveloped shopping
center and parking facility. The subject property is surrounded on the north by the
Atlantic Center Shoppes, on the east by a parking area leased by the City and
owned by the First Presbyterian Church, located on tl'ie east side of Gleason Street,
on the south by the Venetian Village Condos, and on the west by the Miremar
Garden Apartments. The FLUM designations of the surrounding uses are CC
(Commercial Core) to the north and east, MD (Multiple Family Residential 5-12
dwelling units per acre) to the south and west. Based on the above, a positive
finding with respect to compatibility can be made.
Compliance - Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
Future redevelopment of the 0.09 acre parcel of land will occur in accordance with
the City's Land Development Regulations during the site plan review Process. As
noted previously, there are no redevelopment proposals associated with this
property. Future redevelopment will be directed by the Master Plan, which will
comply with the City's Land Development Regulations. Given the above, a positive
finding with respect to compliance with the Land Development Regulations can be
made.
Section 3.2.2 (Standards for Rezonin.q 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 c_ommercial development shall be
avoided. Where strip commercial zoning developments or zoning currently -
~xists along an arterial street, consideration should be given to increasing
the depth of tl~e .co~mmercial zoning' in qrder to provide for better project
design.
The proposed rezoning would designate the 0.09 commercial parking area the
same Zoning Map district (CBD) as the shopping center it serves. Therefore, the
issue with respect to the creation of a strip commercial development is removed
since the prOperty is already developed. It is also noted that the proposed
rezoning would increase the depth of the commercial zoning, thereby allowing for
better project design should the property ever be redeveloped.
(D)
That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed;
Planning and Zoning Board Staff Report
Atlantic Center Shoppes Rear Parking Area - Small-Scale FLUM Amendment and Rezoning
Page 6
or that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The following zoning designations and uses border the property:
Direction Zonin.q Uses
(E)
North CBD
West RM
South RM
East RM
Atlantic Center Shoppes
Miramar Garden Apartments
Venetian Village Condos
First Presbyterian Parking Lot
The parking lot is compatible with the adjacent land uses. It has existed on the
property for an extensive amount of time without any known conflicts with the
adjacent properties.
Remaining, isolated infill lots within the coastal planning area shall be
developed under zoning which is identical or similar to the zoning of
adjacent properties; and, the resulting development shall be of a design
and intensity which is similar to the adjacent development.
The property contains an existing parking area that appears to have been
installed with the construction of the shopping center. The parking area is part of
a larger parking area on the south side of this shopping center. The proposed
Zoning Map designation of CBD is the same designation of the shopping center
and is appropriate for this portion of the parking area.
Section 2.4.5(D}(5) (Rezonin.q Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter
Three, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
That' the .zoning had previously been changed,, or was *origihally
*established, in error;
bm
That there has been a change in circumstances which make the current
zoning inappropriate;
Ce
That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property based
upon circumstances particular to the site and/or neighborhood.
As noted previously, the parking area appears to have been constructed when the
adjacent shopping center was developed. The current residential FLUM and Zoning
Map designation appear to have been incorrectly applied to the subject property. CBD
zoning was applied to the shopping center which the parking area serves and is more
appropriate for the subject property since parking is not permitted in a residential zoning
Planning and Zoning Board Staff Report
Atlantic Center Shoppes Rear Parking Area - Small-Scale FLUM Amendment and Rezoning
Page 7
district to serve adjacent commemial property. Therefore, a finding can be made the
rezoning fulfills subsections "a" and "c."
Community Redevelopment Agency' {CRA):
The CRA reviewed the FLUM amendment and Zoning .Map change at its meeting of
May 1, 2002 and recommended approval.
Downtown Development Authority (DDA)
The DDA review the FLUM amendment and Zoning Map change at its meeting of May
15, 2002 and recommended approval.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. The City has received the attached letters opposing the proposed
FLUM amendment and Rezoning. Additional letters of support and objection, if any, will
be presented at the Planning and Zoning Board meeting.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
· Beach Property Owners
· Via Marina
· PROD
· Presidents Council
The proposed FL'UM amendment will provide the" correct FLUM-and Zonin~-'Map
designations for the existing commercial parking 'area. There has been no known
conflict with the surrounding properties. Furthermore, the proposed designation
changes are consistent with the Downtown Delray Beach Master Plan. Positive findings
can be made with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required
Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive
findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings).
Therefore, the proposed FLUM amendment can be recommended for approval based
on the findings outlined in this report.
A. Continue with direction.
Planning and Zoning Board Staff Report
Atlantic Center Shoppes Rear Parking Area - Small-Scale FLUM Amendment and Rezoning
Page 8
Bo
Recommend to the City Commission approval of the small scale FLUM
Amendment for the subject property, based on consistency with the Downtown
Delray Beach Master Plan and positive findings with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Section 2.4.5.(D)(5) (R'~zoning Findings), LDR Sectidn 3.1.1 (ReqUired
Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or
Co
Recommend denial of the small scale FLUM Amendment based on a failure to
make positive findings with Future Land Use 'Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5)
(Rezoning Findings) and Section 3.1.1 (Required Findings) of the Land
Development Regulations, with the basis stated.
Recommend to the City Commission approval of the proposed small scale FLUM
Amendment from MD (Multiple Family Residential 5-12 dwelling units per acre) to CC
(Commercial Core) and Rezoning from RM (Multiple Family Residential- Medium
Density) based on consistency with the Downtown Delray Beach Master Plan and
positive findings with respect to Future Land Use Element Policy ^-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required
Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and
Policies of the Comprehensive Plan
Report prepared by: Scott Pape, Senior Planner
Attachments:
Proposed Future Land Use Map
Location Map
· Letters of opposition
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PLANNING ~ ZONINGD~PARI~ENT
FUTURE LAND USE MAP AMENDMENT
- FROM: MD (MEDIUM DENSITY RESIDENTIAL) TO: CC (COMMERCIAL CORE) -
TO:
THRU:
FROM:
DAVID T~~N~[~Z,~~AG ER
PAUL DORLING, DIREC~ OF PLANNING AND ZONING
SCOTT D. PAPE, SENIOR PLANNER~~x~
SUBJECT:
MEETING OF JUNE 4, 2002
ZONING CHANGE FROM RM (MULTIPLE FAMILY RESIDENTIAL MEDIUM DENSITY)
TO CBD (CENTRAL BUSINESS DISTRICT) FOR A PARCEL OF LAND LOCATED ON
THE WEST SIDE OF GLEASON STREET~ 193' SOUTH OF EAST ATLANTIC AVENUE
(34 GLEASON STREET) CONTAINING THE ISLAND HOUSE APARTMENTS.
The subject property consists of Lot 7, Block "C", John B. Reid's Village Subdivision, and contains 0.33
acres. The property is located on the west side of Gleason Street, 193' south of East Atlantic Avenue
(34 Gleason Street), within the Downtown Delray Beach Master Plan area.
The property contains a two-story apartment structure that was built in 1952 and contains 8 units. Pdor
to 1989, the property's Future Land Use Map designation was MD (Medium Density Residential 5-12
du/ac) and the zoning designation was RM (Multiple Family Residential - Medium Density). With the
adoption of the City's Comprehensive Plan and Future Land Use Map in November 1989, the FLUM
designation for the property was changed to CC (Commercial Core). However, with the adoption of the
Land Development Regulations and Citywide rezoning in October 1990, the property was rezoned from
RM-15 to RM and remains residentially zoned.
Additional background and an analysis of the request are found in the attached Planning and Zoning
Board Staff Report.
At its meeting of May 20, 2002, the Planning and Zoning Board held a public hearing in conjunction with
the request. There was one person from the public that spoke in opposition to the proposed rezoning of
the property due to the potential incompatibility with residential properties located south of the subject
prolSerty. In addition to publi~: comment there were six letters submitted for the Board's consideration in ·
opposition tb the.proposed rezoning.' After reviewing the staff report and discussing the proposal,, the
Board voted 4-2 (Kratl & Warner 'dissenting, Randolph abSent), to recommend that the request be
approved, based upon positive fini:lings with respect to Chapter 3 (Performance Staddards) and Section
2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan.
By motion, approve on first reading the ordinance for a zoning designation change from RM to CBD for
Island House Apartments, based upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section
2.4.5(D)(5).
Attachments: P & Z Staff Report of May 20, 2002
ORDINANCE NO. 21-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRLRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED RM (MULTIPLE
FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT
TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED ON THE WEST
SIDE OF GLEASON STREET, APPROXIMATELY 180
FEET SOUTH OF ATLANTIC AVENUE , AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DF.!.RAY BEACH, FLORIDA,
FEBRUARY, 2002"; PROVIDING A GENERAL REPEAI.ER
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 February, 2002, as being zoned RM (Multiple Family
Residential - Medium Density) District; and
WHEREAS, at its meeting of May 20, 2002, 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, 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 1. That the Zoning District Map of the City of Delray Beach,. Florid,3. i be, and the
same is hereby am&nded to reflect a zoning classification of CBD (Cent~d Business) District for the
following described property:
Lot 7, Block C, John B. Reid's Village, a Subdivision in the City of Delray Beach,
Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded in Plat Book 21, Page 95.
Section 2. 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 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent iurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 5. That this ordinance shall become effective mediately upon passage on second
and final reading.
PASSED AND ADOPTED in reguhr session on second and final reading on this the
day of ,2002.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2 ORD NO. 21-02
PLANNING AND ZONING BOARD
CITY oF DELRAY BEACH '---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:.
ITEM:
May 20, 2002
IV. E..
Rezoning From RM (Multiple Family Residential - Medium Density) to CBD
(Central Business District) for a Parcel of Land Located on the West Side of
Gleason Street, Approximately 180 Feet South of Atlantic Avenue.
GENERAL DATA:
Owner/Applicant .............
Agent.,., .........................
Location ..........................
Property Size ...................
Existing FLUM .................
Current Zoning ................
Proposed Zoning .............
Adjacent Zoning ..... North:
East:
South:
West:
Existing Land Use ............
Proposed Land Use .........
1000 Atlantic Avenue Partners,
L.P.
Weiner & Aronson, P.A.
Located on the West Side
of Gleason Street, Approximately
180 Feet South of
Atlantic Avenue.
0.33 Acres
CC (Commercial Core)
RM (Multiple Family Residential -
Medium Density)
CBD (Central Business District)
CBD (Central Business District)
CBD (Central Business District)
CF (Community Facilities)
CBD (Central Business District)
Parking and Residential
Same as existing
Water Service ........ : ........ : Existing on site'
Sewer Service ..... : ........ :... Existing on site
LANT
· lAP. DIN DEL MAR
~0
The item before the Board is that of making a recommendation to 'the City Commission on
a privately sponsored rezoning from RM (Multiple Family Residential - Medium Density) to
CBD (Central Business District) for Island House Apartments, pursuant to LDR Section
2.4.5(D).
Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to the rezoning of any property within
the City.
The subject property consists of Lot 7, Block "C', John B. Reid's Village Subdivision, and
contains 0.33 acres. The property is located on the west side of Gleason Street, 193' south
of East Atlantic Avenue (34 Gleason Street), within the Downtown Delray Beach Master
Plan area.
The property contains a two-story apartment structure that was built in 1952 and contains 8
units. Prior to 1989, the property's Future Land Use Map designation was MD (Medium
Density Residential 5-12 du/ac) and the zoning designation was RM (Multiple Family
Residential- Medium Density). With the adoption of the City's Comprehensive Plan and
Future Land Use Map in November 1989, the FLUM designation for the property was
changed to CC (Commercial Core). However, with the adoption of the Land Development
Regulations and Citywide rezoning in October 1990, the property Was rezoned from RM-15
to RM and remained residentially zoned.
The applicant has submitted a request to change the zoning designation of the property
from RM (Multiple Family Residential - Medium Density) to CBD (Central Business
District), and is now before the Board for action.
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 Board Staff Report
Rezoning from RM to CBD for Island House Apartments
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 proposed CBD zoning district is consistent with th~ existing CC (Commercial Core)
FLUM designation of the property. Within the CBD zoning district, a multiple family
development is allowed as a permitted use [ref. LDR Section 4.4.13(B)]. Thus, positive
findings can be made regarding consistency with the Future Land Use Map. It is noted,
however, the existing 8-unit apartment building is nonconforming as it has a density of 26.6
units per acre, which exceeds the maximum permitted density of 12 units per acre, east of
the Intracoastal Waterway.
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.
There is currently no development proposal associated with the rezoning request.
However, the adopted Downtown Delray Beach Master Plan identified this property as
being incorporated into the properties to the north and west with a potential to be
redeveloped as a mixed-use development. There are adequate levels of service to
accommodate any potential redevelopment of the site as residential, commercial, or mixed-
use.
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.
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 Policy C-4.2: A special CBD plan shaft be developed jointly by
the CRA and the City. It shaft address the maximum development which can be
accommodated in a competitive market while still retaining the 'village like, community by-
the-sea" character of the CBD. It shaft further identify the infrastructure requirements,
including parking, which will be needed to accommodate such an intensity of development.
Such a plan shaft be formally processed as an amendment to the Comprehensive Plan.
P & Z Board Staff Report
Rezoning from RM to CBD for Island House Apartrnents
Page 3
The plan shaft be instituted under the lead of the Community Redevelopment Agency but
conducted through close participation with the City's Planning and Zoning Department.
The CBD plan, which is now known as-the Downtown Delray Beach Master Plan (adopted
March 19, 2002) prevides a redevelopment scenario for the subject property. The Master
Plan indicates that the property could be combined with the Atlantic Center Shoppes and
redeveloped to fill-in the parking area along Atlantic Avenue with a building and parking
provided behind (south of) the building fronting Atlantic Avenue. It is noted, the overall
Master Plan and specific project plans and sketches included in this Master Plan are
conceptual in nature, provided to graphically illustrate one possible solution to an identified
problem or opportunity. They are not meant to represent the only solution, but provide a
starting point for additional discussion and detailed design. With the adoption of the Future
land Use Map and Comprehensive Plan in 1989, the property was designated as
Commercial Core, which is consistent with the surrounding commercial development
pattern to the north, east and west, as well as the church/public parking lot to the south. By
applying the Commercial Core FLUM designation, redevelopment of the site as commercial
or mixed use development was anticipated for this property to encourage the revitalization
of the downtown area. Based upon the above, a positive finding can be made that the
rezoning is consistent with this policy.
Coastal Management Element Policy C-3.2 - Them shaft be no change in the intensity of
land use within the barrier island and all infill development which does occur shaft connect
to the City's storm water management system and sanitary sewer system.
The proposed rezoning to CBD is corrective. Since, the current underlying land use
designation is Commercial Core, there is no change in land use. Commercial or mixed use
development was anticipated for this property to encourage the revitalization of the
downtown area and square-off the CBD. Under the proposed zoning, redevelopment of the
property will be consistent with the commercial properties to the north, east and west, and
the parking lot to the south. With regards to residential density, within the CBD zoning
district residential density is limited to 12 units per acre on properties east of the
Intracoastal Waterway. Thus, there will be no increase in residential density potenti_al.
Section-3.2.2 (Standards for. Rezonin.q Actions): . Standards A, B and E are not
applicable. The applicable performance standards of Section 3.2.2 are as follows:
(C) Zoning changes that would result in strip commercial development shall be
avoided. Where strip commercial zoning developments or zoning currently
exists along an arterial street, consideration should be given to increasing the
depth of the commercial zoning in order to provide for better project design.
Strip commercial development is characterized as not being pedestrian friendly and
usually provides long linear building, with shallow depths and a parking lot in front of
the building. The adopted Master Plan discourages strip commercial development.
While the property is relatively small (0.33 acres) with a depth of 101.21', it could be
combined with the adjacent commercial property (under same ownership) thereby
P & Z Board Staff Report
Rezoning from RM to CBD for Island House Apartments
Page 4
increasing the property's size and depth. Based upon the above, the rezoning will
not result in strip commercial development.
(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 zoning designations and uses border the property:
Direction ZoninR Uses
North CBD
West CBD
South CF
East CBD
Atlantic Center Shoppes
Atlantic Center Shoppes & parking
First Presbyterian Church/Public Parking Lot
Mixed-use development
(Frances Brewster property)
The rezoning to CBD will allow land uses which are consistent with the adjacent
commercial properties and compatible with the adjacent parking lot. Although, there
is no development proposal at this time, there are sufficient regulations in place to
mitigate potential adverse impacts, regardless of the development scenario.
(E)
Remaining, isolated infill lots shall be developed under zoning which is
identical or similar to the zoning of adjacent properties; and, resulting
development shall be of a design and intensity which is similar to the adjacent
development.
As previously stated, the proposed rezoning to CBD is corrective. Commercial or
mixed use development was anticipated for this property to encourage the
revitalization of the downtown area and square-off the CBD. Under the proposed
zoning, redevelopment .of the property will be consistent with the commercial
properties to the north, east and west, and the parking lot to. the south.
Section 2.4.5(D)(5) iRezonina Findihas}:
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three,
the City Commission must make a finding that the rezoning fulfills one of the
reasons for which the rezoning change is being sought. These reasons include the
following:
That the zoning had previously been changed, or was originally established, in
error;
That there has been a change in circumstances which make the current zoning
inappropriate;
P & Z Board Staff Report
Rezoning from RM to CBD for Island House Apartments
Page 5
c. That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant has submitted the following justification statement:
'The primary reason for the rezoning is to correct the current zoning map to make
the property consistent with: (i) the remainder of the property owned by the
applicant; and (ii) consistent with other neighboring properties. The property
consists of four (4) parcels with different parcel identification numbers but which
should have a consistent zoning designation, having been historically owned by one
entity or individual. It is logical to rezone the property so that the zoning for each of
the parcels is the same instead of divided.
The requested CBD zoning is classification as allowed under the Future land Use
Map designation of Commercial Core. In fact, CBD is most appropriate for this
property based upon its location and proximity to Atlantic A venue. The surrounding
area is already zoned CBD. Objective C-4 of the Future Land Use Element of the
Comprehensive Plan states that the CBD represents the essence of what is Delray
Beach and that the continued revitalization of the CBD is essential to achieve the
overall theme of the City.
Policy C-3.1 of the Coastal Management Element states that the remaining isolated
in fill lots should the developed under zoning which is identical and intensity which is
similar to the adjacent development. This policy reflects the fundamental idea of the
Comprehensive Plan that zoning in surrounding areas should be similar in intensity
and use. Accordingly, this rezoning request is consistent with the goals of the
Comprehensive Plan."
Comment: The basis for which the rezoning is being sought most closely relates to Items
"a" and "c". The FLUM designation is CC (Commercial Core) and the RM zoning was
established in error. The requested CBD zoning is of similar intensity as allowed under the
Future Land Use Map and is more appropriate for the. property based upon circumstances
particular to the site, as it abuts CBD zoning oh the north,, east and west sides, and CF
zoning on the south.. ~
Community Redevelopment Agency (CRA):
The CRA reviewed and recommended approval of the rezoning at its meeting of May 1,
2002.
P & Z Board Staff Report
Rezoning from RM to CBD for Island House Apartments
Page 6
Downtown Development Authority (DDA)
The DDA reviewed and recommended approval of the rezoning at its meeting of May 15,
2002... -, _ .
Courtesy Notices:
Special courtesy notices were provided to the follewing homeowners and civic
associations:
· Beach Property Owners
· Via Madna
· PROD (Progressive Residents of Delray)
· Presidents Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters opposing the proposed rezoning have been submitted and are
attached. Additional letters of objection or support, if any, will be provided at the Planning
and Zoning Board meeting.
The rezoning from RM (Multiple Family - Medium Density) to CBD (Central Business
District) is consistent with the goals, objectives and policies of the City's Comprehensive
Plan and Chapter 3 of the'Land Development Regulations. The proposed rezoning is also
consistent with the Downtown Delray Beach Master Plan. Positive findings can be made
with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). The zoning was originally
established in error and the CBD zoning is more appropriate based upon circumstances
particular to the site, as it abuts CBD zoning on the north, east and west sides, and CF
zoning on the south.
A. Continue With direction.
Recommend to the City Commission approval of the rezoning request from RM
(Multiple Family Residential - Medium Density) to CBD (Central Business District)
for Island House Apartments, based upon positive findings with respect to Chapter
3 (Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the Land
Development Regulations, and consistency with the goals, objectives and policies of
the City's Comprehensive Plan.
P & Z Board Staff Report
Rezoning from RM to CBD for Island House Apartments
Page 7
Recommend to the City Commission denial of the rezoning request from RM
(Multiple Family Residential - Medium Density) to CBD (Central Business District)
for Island House Apartments, based upon a failure to make positive findings with
respect to LDR Section 2.4.5(13,~(5) (Rezoning Findings), in that the rezoning does
not fulfill one of the reasons for which a rezoning should be sought.
Recommend to the City Commission approval of the rezoning request from RM (Multiple
Family Residential- Medium Density) to CBD (Central Business District) for Island House
Apartments, based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development
Regulations, and consistency with the goals, objectives and policies of the City's
Comprehensive Plan.
Attachments:
· Location/Zoning Map
· Boundary Survey
· Letters of Opposition
Prepared by: Scott Pape, Senior Planner
2ND
ST.
THOMAS
STREET
EAST WIND
BEACH CLUBS
BERKSHIRE
RM
BY- THE SEA
GRO~VENOR
S.E. 2ND
VETERANS
PARK
DELRAY
SUMMIT
CONDO
BARR
TERRACE
CONDO
WA TERWA Y EAST
COMMERCIAL
CONDO
BAR
HARBOUR
CONDO
MIRAMAR
INGRAHAM
SEAGATE
TOWERS
SPANISH
RIVER
RESORT
STREET
MANOR HOUSE
GROVE
CONDO
AVENUE
DOVER HOUSE
OCEAN PLACE
CONDO
JARDIN DEL MAR
~ONDO
OCEAN TERR.
CF
CITY O~' DE1.RAY BEACH, FL
PLANNING & ZONINGDEPAR'I~ENT
ZONING MAP AMENDMENT
- FROM: RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY ) TO: CBD (CENTRAL BUSINESS DISTRICT} -
~ - AREA OF MODIFICATION
N.E. 2ND ST.
0
SEAGATE
TOWERS
N
OTY (~ DEL.RAY BEACH, FL
PLANNING & ZONING DEPARTMENT
THOMAS
STREET
EAST WIND
BEACH CLUBS
BERKSHIRE
MO
BY THE SEA
GROSVENQR
DELRA Y
SUMMIT
CONDO
GROVE
CONDO
HOUSE
BARR
TERRACE
CONDO
WA TERWA Y EAST
COMMERCIAL
CONDO
BAR
MIRAMAR
STREET
SPANISH
RIVER
RESORT
AVENUE
DOVER HOUSE CONDO
OCEAN PLACE
CONDO
0
INGRAHAM '
JARDIN DEL MAR
CONDO
OCEAN TERR.
ISLAND HOUSE APARTMENTS
FUTURE LAND USE MAP
- CC (COMMERCIAL CORE) -
-- D/GFr,4L 8XE£ M,4P 5'YETE'M -- MAP REF: LM604
' p.2
WILLIAM M. HA YTER
14 EMMA PLACE
EATONTOWN, N.J. 07724
-- 'OR
75 VI~qET]~ Dp~
DELRA¥ BEACH, FL~ 33483
crry OF DELRAY BEACH
]00 N.W. ]sTAVE
DELKAY BEACH, FLA. 33444
ATTN: PLANN~G & ZONING
MAY 14, 2002
TO WHOM ri' MAY CONCERN:
! AM WR/irING TO YOU REGARDING 3 NOTICES THAT I RECEIVED
REGARDING PROPOSED CHANGES TO ZONING & L.td,,,rD USE ON 3
PROPERTIES THAT ARE WI55{IN 500 FEET OF MY P~SIDA_NCE. THE NOTICES
IN QUESTION AR~ FILE # 2002-200. 2002-2]4 & 2002-254.
I AND MY FELLOW RESIDENTS ARE VEHEMER~i.y OPPOSSED TO
Ti{ESE CI-L~GES, AND THE MANNER IN WHICH THEy ARE PROPOSED.
THEY WERE CO~y HELD UP UNTIL MOST OF THE RESIDENTS
WERE GONE FOR THE SEASON. WHILE WE RE.~J..IZE THAT WE ARE SNO~r
BIRDS, WE PAY OUR TAXES AND SHOULD HAVE A RIGHT TO BE HEARD
~ WE ARE IN RESIDANCE. I PURCHASED MY APARTMElXrl~ ! 7 YEARS
A GO V~ THE' UNDERSTANDING THAT I WAS IN A RESIDL~I~iAL
ALTHOUGH ONE OF HIGH DENSITY, DUE TO THE FACT THAT WE ARE
SUP,.RO~~ BY OTHER CONDOMINKJMS. I BOUGHT IN DELRAY
BECAUSE I LOVE THE TOWN AND THE LOCATION. WE DON'T NEED
COMMERCIAL BUILDINGS .4aXeD PARKING (3ARAGES IN OUR BACK YARD.
I MENTION THIS ONLY BF-.CAUSE I REALIZE THAT THIS IS ONLY A ZONING
AND USE CHANGE, BUT I HAPPEN TO KNOW THAT A HIGH RI§E PARKING
GARAGE.IS ONTHE PLAN'NIN.G BOARD IN .TILE NOT TOO DISTA_NT FUTURE.
T~ P~v~OUS AD~m,USTP.~T~O~,, DE) A wo~E~_ ~o~ or
BUn.DINa z)~m~y mu'o A O~^T PL^C~ TO I.r,~ ~ Do Busn~ss. ~
cmT~.¥ ~,~z~ Tm TOV~ Om~ TO B~- P~:O~ O~. ~ HAVE ~OWEVm
~Or~C~ ^ C~G~ O~ AT'rrr~E m,ro ~ ^Trinet ~'O C~T P.m O~
BU'Sn,~SSES T~T Wm~ ON.~U.m,~nC AVE. m m,~ OBVIOUS ^TrSaWT TO
BUm~ SO~m NEW P.m.~aZ OP~V~UO~S AT TH~ ~:~ENSE O~ r~
~siD~rrs T~T LR~ ~ ^TLAm~C ^VE. ~m~ ~OT AGAINST
Pr~OO~ss. BUr Qtmsr~o~ ~ wmoom o~ c-n,~ama zonING mu)
Dmsrn. us~..~D ~'a.L¥ WOrm WHO O~: w~O~ ~mUmT
· ' .',.-~'-~ 7 .' ~ '
MAY
z~ u;-'
u~:
BWRE con,=: 410796B437
p.3
SUCH CHANGES. CERTAINLY NOT THE RESIDENTS, WHO, BY TI-IE WAY,
I-lAVE JUST BEEN ASSESSED A 33% TAX INCREASE, MAINLY DUE TO THE
CiTY TAX THAT HAS RISEN DRASTICALLY UNDER THE NEW
,,ADM/NISTRATION. __
PLEASE CONSIDER DARRYL BUSH MY REPRESENTATIVE TO SPEAK
IN MY BEHALF. MR. BUSH IS A WELL KNOWN LOCAL REAL ESTATE PERSON
THAT CAN COMMENT ON WHAT THESE CHA. NGES WILL DO TO OUR
PROPERTY VALUES.
Yours ~u~y,
WILLL&M DL HAT'~R
PS. 1 AdVl ALSO THE PRESIDENT OF VENETI.~ \qLLAGE CONDOMiNiUM
ASSOCIATION.
RECEIVED
MAY 1 5 ZO~2
Venetian Village Condominium Assoc., Inc
75 Venetian Drive
Delray Beach, Florida 33483
May 14, 2002
Mr. Paul Dorling, Director Planning and Zon~g
100 N.W.]~ Avenue
Delray Be, ack Florida 33483
RE: Files 2002-200, 214, and ~
Dear Mr. Dorlin~
On behalf of our President, Mr. William Ha,ear, and our Board of Directors I mm
writing to voice our displeasure Over the attempt to~chan~oe the zoning regulations
pursuant to File 2002-200, 2002-214, and 2002-234.
Ven~cian Village Condominium Association is hi~daly opposed to any change in
the zoning classification east of the intraco~ bridee on Atlantic Avenue. We feel that
the zoning classification, "multiple family residential- medium density" is very
illustrative of our beautiful be~ch neighborhood. We are strongly _against any chan~
especially to, "Central Business District". We reside on a barrier island not in a central
Please place our opposition on the public reeor&
Thank you for your comideration.
Sincerely,
' Joseph A_'Rc~an'
Secretarial, Treasurer
Joseph A. Regan
75 Venetian Drive 4B
Delray Beach, Florida 33483
May 14, 2002
Mr. Paul Dorling ~r Planning and Zoning
100 N.W. 14 Avenue
DeL-ay Beach, Florida 33~.~. <
RE: 2002-200, 214, and 234
We are in receipt ofl~tters fi.om your office regarding proposed changes in zoning
or fima-e land map use for three properties very close to our residence.
My wife and ! feel strongly ~ any changes fi.om medium density residential
utilization.
We are very happy living on our idyllic barrier island as it exists at presem.
Atlantic Avenue ~ast of the intraeoastal waterway should never be changed Io be part o£
Delmy Beach's, "central business district".
Our quality of life in this p~ace~ neighborhood as it now exists is exactly what
we dreamed abouI since our first visit to Delray Beach in late 1972. Please note that I did
not say I)elray Central Business District Beach
This ideal and the potential threat to our property values deteri°mting demands
that we stand very strongly _against any change in the current zoning regulations.
Please en~ our firm 0bj~ions against Files # 2002200, 2~02-214 and 2002-234
on ~he reeorc[
Thank you for ~our attention to ~ais matt~.
Sincere]3;
Joseph A. Regan
..... ~:~,,~ ~ LiJI~II~JL~
SENT I~Y:
GD&W REALTORS,INC.;
56t
t2:4tP~;
PABE 1/t
GARDEN AFrS. ]NC
VENETIANDRZV~
BEACh, FLORIDA 334S3
Ma), 14, 2002
City. of D:lray Beach
Planning and Zoning D~artm:nt
R~: planneat zoning c. hang:s from Ol:~son to V~n:tian
The r=sideats ofMimmax Ga~ ~., [ac. vigorously object to this zoning change. I r~icr t~
th~ Trcasurc Co~ R¢lgonal Planning Council publication pag, 47 de~-ignatin§ tbi.~ arra f~- a
p~rking garage. Th, impau-t of this four story comm~'~ial structure would be d~vastating lb thc
ci~ who live in thk ar~ Thc traffic on V,n,tian would be homfi¢. Th/ak Linton BlVd.
Th: b=a~ry of Dclray.b~ach is in thc occan, the beaufifi~ Ere~n ams, the tr~ lin~ ~-and
thi f~l of a small tow~ This is what hsd, brought us the prosperity we enjoy...l~t us not ntin our
b~autiful city wifl~ unsightly four story ~ercial buildin,~ ..
RE..n: VED
HhY--16--2002 ~$:12 PH H ~HD ~ ~HSRH $28 455 7696 Po~l
1070 Evergrem Court
Box .t72
Eden Valley, ~ $$329
May 16, 2002
Dvm' Paul Dorlin~:
In 1962 my father watoh~ MiraMar being built, lie and my mother were tl~ first couple to buy
a unit in the complex. Both of my folks have passed away and now my husband and I spend the
wint~ months in Deli'ay Beach. We enjoy the tim~ in the area, as it is 'd~. Oh, there is the
little shopping area, but no abundance of cars. Yes, it is a lovely area to live. Hopefully in future
years we can five ther~ year around.
Now we hear you want to ruin our quiet area by putting up a 4 story-parking ramp. We want you
to know we are vetr much oppo_,ed to th~ idea. It will ruin our quiet residential living area. The
majority of us are senior citizens and We enjoy the peace and quiet area that we have chosen to
li~e in.
You have passed up plenl7 of opportunities ~o bxild your parking ramp in commercial areas.
Why are you trying to ruin our area? Again - we are very much
your laim-brained idea. - to it. Please reconsider
Marvin & Jane Anderson
60 V~-tian Drive
Apt. 100N
RECEIVED
MAY 1 6 200Z
U:-' O~; U'Ta
I]IdRE
Cons
410'7966437
WILLIAM M. HAYTER
14 EMMA PLACE
EATONTOW~, N.J. 07724
'-- 'OR
75 VENETIAN DR.
DELRAY BEACH, FLA. 3348.3
CITY OF DEI2L~Y BEACH
]00 N.W. ]ST AVE
DELRAY BEACH, FLA. 33444
ATTN: PLANNING & ZONING
MAY 14, 2002
TO WHOM IT MAY CONCERN:
I AM WR_r'FING TO YOU REGARDING 3 NOTICES THAT I RECEIVED
REGARDING PROPOSED CHANGES TO ZONING & LAND USE ON 3
PROPERTIES THAT
IN ARE WI~qIN SOO FEET OF MY RESIDANCE. THE NOTICES
QUEST/ON ARE FILE # 2002=200, 2002-214 & 2002-234.
i AND MY FELLOW RESn~ENTS ARE VE~LY O?POSSED TO
THESE CHANGES, AND THE MANNER IN I~-IICH THEY ARE PROPOSED.
THEy WE~ CONVENIENTLy HELD UP UNTrL mOST Or ~ RESIDENTS
WERE CONE FOR ~ SEASON. WHtL~ WE REALtZE THAT WE ARa SNOW
BIRDS, WE PAY OUR TAXES AND SHOULD HAVE ^ KtGHT TO BE HEARD
WHEN WE AR~ tNREStDANC£. I PURCHASED MY APARTMENT ~ 7 YEARS
AGO wrm THE UNDmtSTANDING THAT ~ WAS IN ^
ALTHOUGH ONE OF mGH DENSITY, DUE TO Tm~ FACT TH^T WE
SURaOUND~.n BY orHE~ CONDOMINR3MS. I BOUGHT tN DELRAy
BECAUSE I LOVE THE TOWN AND THE LOCATION. ViE DON'T NEED
COMMERCt~L BUILDINGS AND ?ARK]NO OAKAa~.S IN OUR BACK YARD.
I MENTION ~ ONLY BECAUSE I REALI~ ~AT TInS IS ONLY ^ Z0NINO
AND USE CHANCE, BUT t HAPPEN TO KNOW THAT A mGH PaSE PARKmO
OAKAG~. ~S ON ~ PLANNtNG BOARD IN THE NOT TOO DISTANT FUTtmE.
THE PREVIOUS ADMmUST~,~ON DtD A WONDERFUL ~OB OF
BUn. DING DELKAY ri, frO A GKEAT ?LAC~ TO LrvE AND DO Busn~ss, AND
C~T^INL¥ MADE THE TOWN ONE TO Bn ?ROUD OF. ~ HAVE HOWEVER,
NOTtCED^ CHANaE OF ^rrrruDE AND AN ^rrEMPT TO GET mD OF
BUSINESSES T~-tAT WERa ON Ar~.AN'nC ^V~. IN AN OBVIOUS ATTEMPT TO
BUtLD SOME NEW KETAIL O~ERAT~ONS ^T THE EXPENSE Or Tan CURRANT
~StDENTS THAT Lrv~ NEAR ATLAN'nC AVE. I AM NOT AGAINST
Pr(ooRESS, BUT QUEStiON rile W~SDOM OF CHANGn~G ZONtNG AND
DENSrrY US~_, AND ~U~ALLY WONDE~ WHO O~ WHOM BENEFrr FROM
~.' , ., -'
AmHI: ~ons 4107958437
SUCH CHANGES. CERTAINLY NOT THE RESIDENTS, WHO, BY THE WAY,
HAVE JUST BEEN ASSESSED A 33% TAX INCREASE, MAINLY DUE TO THE
CITY TAX THAT HAS RISEN DRASTICALLY UNDER THE NEW
..~. M,iN]STRATION. ...., _
PLEASE CONSIDER DARRYL BUSH MY REPRESENTATIVE TO SPEAK
IN MY BEHALF. MR. BUSH IS A WELL KNOWN LOCAL REAL ESTATE PERSON
THAT CAN COMMENT ON WHAT THESE CHANGES WILL DO TO OUR
PROPERTY VALUES.
You-Rs uLv,
WILLIAM M HAYER
PS. 1 AM ALSO THE PRESIDENT OF VENETIAN VILLAGE CONDOMINIUM
ASSOCIATION.
RECE!VED
MAY 1 5 2002
Venetian Village Condominium Assoc., Inc
75 Venetian Drive
Delray Beach, Florida 33483
May 14, 2002
Mr. Paul Dorling, Director Planning and Zon/ng
100 N.W. 1~t Avenue
Delray Beach, Florida 33483
RE: Files 2002-200, 214, and 234
Dear Mr. Doffing;
On behalf of our President, Mr. William Hayter, and our Board of Directors I am
writing to voice our displeasure over the attempt to change the zoning regulations
pursuant to File 2002-200, 2002-214, and 2002-234.
Venetian Village Condominium Association is highly opposed to any change in
the zoning classification east of the intraeoastal bridge on Atlantic Avenue. We feel that
the zoning classification, "multiple family residential - medium density" is very
illustrative of our beautiful beach neighborhood. We are strongly against any change
especially to, "Central Business District". We reside on a barrier island not in a central
business district.
Please place our opposition on the public record.
Thank you for your consideration.
Secretary, Treasurer
Joseph A. Regan
75 Venetian Drive 4B
Dell-ay Beach, Florida 33483
May 14, 2002
Mr. Paul Dorling, Dim~r Planning and Zoning
100 N.W. 1~t Avenue
Delray Beach, Florida
RE: 2002-200, 214, and 234
We are in receipt of letters from your office regarding proposed changes in zoning
or future land map use for three properties very close to our residence.
My wife and I feel strongly ~against any changes from medium density residential
utilization
We are very happy living on our idyllic barrier island as it exists at presem.
Atlantic Avenue east of the in~ waterway should never be changed t/) be part of
Delray Beach's, "central business district".
Our quality of life in this peaceful neighborhood as it now exists is exactly what
we dreamed about since our first visit to Delmy Beach in ~ 1972. Please note that I did
not say Delray Central Business District Beack
This ideal and the potential threat to our property values deteri°mting demands
that we 'stand very strongly against any change in the current zoning regulations.
Please enter our firm objecai, ons against Files # 2002-2.00, 2002-214 and 2002-234
on the recor&
Tl~nk you for-your ~t_~tiOr/to t. hj'S matter.
Sincerely,
SENT
GD&W REALTOR~INC.;
276
MAY-t4-02
t2:4tP~;
PAGE
t/t
MIRAMAR GARDEN APTS., ]NC
6;0-S0 VENE~ DRIVE
DEl,RAY BEACH, FLORIDA 33483
May 14, 2002
City of Delmy Beach
Planning and Zoning D~artmcnt
R~: pl,~nn~ zone§ chang~ from Ol¢~son to V~n~tian
The rcsideats of Miramar Gar&m Apts., Inc. Vigorously object to this zoning challge. I rotter to
th~ Tre. asur¢ Coast Regional Planning Council publication pag, 47 dedgnating thi.~ area f~r a
parking garage. The impa~t of this four story exnnmercia! structure would be devastating tia the
¢ifir.~-m who live in ~ ama. I'ne traffic on ¥~,tian would be homfi¢. Think Linton Blvd.
The beauty of Delray b~a~h is in the oe, ean, the beautiful ~ arsas, the trc~ lineal str=tsi'and
th~ f~l ora small tow~ This is what has brought us the prosp~ity we ~njoy...l~t us not rtfin our
b~autiful city with unsightly four story commercial buildings.
B .~tty Diggaas.
Vice ~esid~nt
~ ~N3RN
$20
P.81
] 070 Evcrgrcen Cou~
Box 372
Eden V~II~, ~ $$329
May ]'6, 2002
Paul Dorling:
Now we hear you wa~ to ruin our quiet arcs by putting up a 4 story-parking ramp. Wc want you
to know we arc very much opp_,,_-e~l to this idea. It will ruin our quiet rcsiden:ial living area. Thc
majority.of us are senior citizgns and We enjoy the peace and quiet area thai we have chosc~ to
live in.
You bare passed up pk'nty of opportunities to build your parking r in
Why are you trying to ruin our area? A~a, we---, ...... - ampm. com-,erc/alareas.
your laim-braincd idea. - -e----- - ~.; .;fy muca opp__r~e~_ to it. Please reconsider
60 Yeu~mianDri~
Apt. 100N
RECEIVED
MAY 1 $