01-16-07 Agenda Reg
City of Delray Beach
Regular Commission Meeting
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Tuesday. January 16. 2007
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Dekay Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be allowed when agreed by consensus of the City Commission.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Smith at 243-7010,
24 hours prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. December 12, 2006 - Regular Meeting
. January 2, 2007 - Regular Meeting
. January 9, 2007 - Workshop Meeting
6. PROCLAMATIONS:
A. Recognizing Black History Month - February 2007
7. PRESENTATIONS:
A. Recognizing and Commending City Attorney Susan Ruby for 20 years of dedicated
service to the City of Delray Beach
B. Project Holiday - Delores Rangel
C. 2006 Digital Cities Survey Award - Information Technology Division
8. CONSENT AGENDA: City Manager Recommends Approval.
A. RESOLUTION NO. 3-07: Approve Resolution No. 3-07 assessing costs for
abatement action necessary to remove junked and/or abandoned vehicles from two (2)
properties throughout the City.
B. CONTRACT ADDITION (C.O. NO. 2)/DURACLEAN. INC: Approve a
Contract Addition (c. O. No.2) between the City and Duraclean, Inc. in the amount of
$17,677.78 for the water damage & microbial remediation work at Fire Stations No.1,
2, 3 and 5. Funding is available from 001-2311-522-46.10 (Fire Department/General
Fund/Building Maintenance).
C. SERVICE AUTHORIZATION NO. 3.2/WALTERS ZACKRIA ASSOCIATES:
Approve Service Authorization No. 3.2 (Amendment No.2 to Service Authorization
No.3) to Walters Zackria Associates in the amount of $150,000.00 for performing
construction administration, engineering inspections, post construction services and
traffic improvements design/permitting services related to the construction of the
Western/Senior/Community Center Project. Funding is available from 380-4150-572-
62.58 (2004 G.O. Bond/Parks & Recreation/Western/Senior Center).
01-16-2007
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D. LANDSCAPE MAINTENANCE AGREEMENT /LENNAR HOMES, INC.:
Approve and accept a landscape maintenance agreement with Lennar Homes, Inc. to
place certain landscaping in the City's right-of-way along Swinton Avenue south of SW
10th Street and adjacent to the FEC railroad, in conjunction with the Villages at Swinton
Square Project.
E. PURCHASE ORDER INCREASE/TANNER INDUSTRIES, INC.: Approve
an increase of $1,589.00 to purchase order #637490, Tanner Industries, Inc., for the
freight charges for delivery of the 1,000 gallon tank for the storage of anhydrous
ammonia to be located at the Water Treatment Plant. Funding is available from 441-
5122-536-64.90 (Water/Sewer Fund/Other Repair/Maintenance Costs).
F. HTE HARDWARE/SOFTWARE MODULE: Approve and authorize Information
Technology (11) to proceed with the acquisition of the HTE software in the amount of
$49,190.00 and Selectron software in the estimated amount of $6,000.00 to be utilized
for project tracking in the Planning and Zoning and Engineering Departments.
Funding is available from 001-2511-515-66.10 (General Fund/Software).
G. SPONSORSHIP SALES AGENT AGREEMENT/LEVERAGE AGENCY,
LLC: Approve a Sponsorship Sales Agent Agreement between the City and Leverage
Agency, LLC in the amount of $4,000.00 per month of which $2,000.00 shall be
credited for commission earned; to help sell five (5) sponsorships allotted to the City for
the FED Cup event. The City shall pay Leverage Agency, LLC a commission in the
sum of twenty percent (20%) of any cash sponsorships it receives. Funding is available
from 001-4210-575-55.44 (General Fund/Other Events).
H. RATIFICATION OF THE SISTER CITIES BOARD OF DIRECTORS FOR
2007: Approve and ratify the proposed slate of Directors for the Sister Cities
Committee for 2007.
1. SPECIAL EVENT REQUEST/HOWARD ALAN 10th ANNUAL WINTER
STREET CRAFT FESTIVAL: Approve a special event request to endorse the 10th
Annual Delray Beach Winter Street Craft Festival to be held on February 24 - 25,2007
from 10:00 a.m. - 5:00 p.m.; including a temporary use permit per LDR Section 2.4.6(F)
for use ofNE/SE 4th Avenue, one block north/south of Atlantic Avenue as well as the
north end of Hand's parking lot for vendor parking; and to authorize staff support for
security and traffic control with the event sponsor paying all overtime costs, and to
permit an event sign to be erected on Atlantic Avenue just east of 1-95, 10 days prior to
the event per City Code.
J. STREET CLOSURE APPROVAL/RUN 4 PUN II: Approve a request for closure
of Railroad Way from 9:00 a.m. - 4:00 p.m. on February 10, 2007 for the Run 4 Pun II
fundraising event from Atlantic A venue to NE 1 st Street.
01-16-2007
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K. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve
Housing Rehabilitation grant/contract awards through the Community Development
Division in the amount of $27,693.75 to Alpha South Construction, Inc. (321 Roosevelt
Avenue) and $28,665.00 to Craftsman Plus, Inc. (217 SW 2nd Avenue). Funding is
available from 118-1924-554-49.19 (Community Development Fund/Housing
Rehabilitation) .
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 2, 2007 through January 12,2007.
M. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Hector Tours in the amount of $26,600.00 for two (2) bus
rentals and driver services for the College Tour traveling from Delray to various
college cities located in Texas, Louisiana, and Tennessee. Funding is available
from 001-4127-572-48.10 (General Fund/Special Events) and 115-4930-572-
56.18 (pompey Park Special Events/Other Special Events).
2. Contract award to Roof Painting by Hartzell, Inc. in the amount of $22,664.41
for the painting and restoration of the exterior/interior of the concession
building at Currie Commons Park. Funding is available from 001-4131-572-
46.10 (General Fund/Building Maintenance).
3. Bid award to Pro Courts in the amount of $18,800.00 for resurfacing seven (7)
hard courts and court repair with a three (3) coat color system at the Delray
Beach Tennis Center. Funding is available from 001-4215-575-46.90 (General
Fund/Other Repair/Maintenance Costs).
4. Bid award to Superior Landscaping & Lawn Services, Inc., in the amount of
$54,411.16 for the irrigation and landscape improvements for the four (4)
medians on Congress Avenue, south of Linton Boulevard. Funding is available
from 119-4151-572-63.20 (Beautification Trust Fund/Landscaping/
Beautification).
9. REGULAR AGENDA:
A. REOUEST FOR IN-LIEU PARKING SPACES/BOB'S FAMOUS BAR (.FKA
POWERS LOUNGE): Consider a request from Bob's Famous Bar (fka Powers
Lounge) for the purchase of six (6) in-lieu parking spaces in the amount of $93,600.00.
Bob's Famous Bar (fka Powers Lounge) is located at 217 East Atlantic Avenue.
(Quasi-Judicial Hearing)
B. CONDITIONAL USE EXTENSION REOUEST /CITYSCAPE: Consider an
extension request for a conditional use approval to allow a building height in excess of
48 feet (57'6" approved) for Cityscape, located at the northwest comer of NE 5th
Avenue and NE 3rd Street and is bordered to the west by the FEC Railroad. (Quasi-
Judicial Hearing)
01-16-2007
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C. CALL TO ARTISTS/CITY HALL AND KNOWLES PARK ART PROJECTS:
Consider a request to grant approval for two (2) call to artists to be issued for the City
Hall and Knowles Park Art Projects; each with a proposed budget of $50,000.00.
D. FIRST AMENDMENT TO LEASE AGREEMENT /NEW CINGULAR
WIRELESS PCS. LLC: Consider the First Amendment to the lease agreement with
New Cingular Wireless, PCS, LLC requesting language changes in paragraph 2 and
providing for an increased monthly rental fee from $1,700.00 to $1,800.00 per month
for the use of the Police Department radio tower.
E. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member and one (1) alternate member to the Code Enforcement Board for
three (3) year terms ending January 14, 2010. Based upon the rotation system, the
appointments will be made by Commissioner Levinson (Seat #3), and Commissioner
Ellis (Seat #1).
F. BID AWARD/ACCURATE EVENT SERVICES: Consider approval of a bid
award to second lowest bidder, Accurate Event Services in the amount of $37,587.00 for
private security services for the International Tennis Tournament. Funding is available
from 001-4210-575-55.40 (General Fund/Tennis Tournament).
G. GRANICUS. INC.lVIDEO/AUDIO STREAMING: Consider authorizing the
City Attorney to draft and the Mayor to execute an agreement with Granicus, Inc. in the
total amount of $44,500.00 for video streaming of the City Commission Regular
meetings and audio streaming of the Emergency Radio Station. Funding is available
from 001-1411-512-66.10 (General Fund/Software), 001-1411-512-64.11 (General
Fund/Computer Equipment) and 001-1411-512-46.90 (General Fund/Other
Repair/Maintenance Costs) after budget transfer.
H. BID AWARDS/MULTIPLE VENDORS: Consider approval of multiple bid
awards in the estimated annual cost of $187,000.00 for the purchase of chemicals and
fertilizers for the Parks and Recreation Department, Delray Beach Municipal Golf
Course and Lakeview Golf Course. Some of the recommended bid awards are not to
the lowest bidder. Funding is available from various departments (parks and Recreation
operating budget, Delray Beach Municipal Golf Course budget and Lakeview Golf
Course operating budget).
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 59-06 (FIRST READING/FIRST PUBLIC HEARING):
Privately sponsored Future Land Use Map amendment (small-scale) from CF
(Community Facilities) to LD (Low Density Residential 0-5 du/ac) for a 9.00 acre
portion of the Christ the King Monastery of St. Clare and rezoning from CF
(Community Facilities) to R-l-AA (Single Family Residential) and associated reduction
of lot frontage and lot width requirements for proposed lots 20 and 25 within the
subdivision at Christ the King Monastery of St. Clare, Inc., located at the southeast
corner of Sherwood Boulevard and Sutton Place. If passed, a public hearing will be
scheduled for February 6, 2007.
01-16-2007
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B. ORDINANCE NO. 83-06: Future Land Use Map amendment (small-scale) from
TRN (fransitional) to GC (General Commercial) and rezoning from NC
(Neighborhood Commercial) to GC (General Commercial) for three (3) parcels, totaling
0.843 acres, located at 2703, 2709 & 2715 South Federal Highway. (Quasi-Judicial
Hearing)
C. ORDINANCE NO. 1-07: Rezoning from RM (Medium Density Residential) to CF
(Community Facilities) for the expansion of the Neighborhood Resource Center for the
proposed Community Land Trust Office, located at 145 SW 12th Avenue, on the
northeast comer ofSW 12th Avenue and SW 2nd Street. (Quasi-Judicial Hearing)
D. ORDINANCE NO. 3-07: Future Land Use Map amendment (small-scale) from
County LR-l (Low Density Residential 1 du/ ac) to City ill (Low Density Residential 0-
5 du/ac) and rezoning from County AR (Agricultural Residential) to City R-l-AA
(Single Family Residential) for a 0.72 acre property located at 2200 Lake Drive. (Quasi-
Judicial Hearing)
E. ORDINANCE NO. 4-07: Future Land Use Map amendment (small-scale) from
County LR-3 (Low Density Residential 3 du/ac) to City TRN (fransitional) and
rezoning from CG/SE (Commercial General/Special Exception) to City zoning of
SAD (Special Activities District) for a 0.99 acre property, to be known as Robotic Space
Savers located at the southwest corner of Conklin Drive and Military Trail. (Quasi-
Judicial Hearing)
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. NONE
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: ~ANUARY12,2007
01-16-2007
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DECEMBER 12. 2006
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, December 12, 2006.
1.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Deacon Richard Santana from
Emmanuel Catholic Church.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman stated there is additional information for Item 8.E., Lease
Al!reement for TemDorarv Parkinl!/PineaDDle Grove. LTD.
He stated there is a revised agreement to Item 8.1., License
Al!reement/Block 77 DeveloDment GrouD. LC.
Mayor Perlman noted that there are Board Orders for Item 9.A., Waiver
Requests /346 N.W. 7th Avenue, Item 9.B., Waiver ReQuest/510 Seal!ate Drive, Item
9.C., Waiver Request/Sun American Bank, and Item 9.D., Waiver Request/Old
Neal's Market/A to Z Automotive.
He noted there is additional information for Item 9.J., Al!reement/United
States Tennis Association Inc. (UST A)/FED CUD Tie and noted the addition of Item
9.K., Housinl! Assistance and DeveloDment Al!reement (revised agreement) by
addendum.
12/12/06
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion passed with a 5 to 0 vote.
5.
APPROVAL OF MINUTES:
. NONE
6.
PROCLAMATIONS:
6.A.
Martin Luther Kin!!. Jr. Dav - January 15.2007
Mayor Perlman read and presented a proclamation hereby proclaiming
January 15, 2007 as Martin Luther King, Jr. Day in the City of Delray Beach. Lillian
Strainge came forward to accept the proclamation and stated she is the President of the
Board of Directors for the Martin Luther King, Jr. Day Celebration. She thanked the City
of Delray Beach for their contributions, in-kind services, the manpower, and for the
continued support.
7.
PRESENTATIONS:
7.A.
Site Plan Review and Appearance Board (SPRAB) Awards
Jose Aguila, Chairman of the Site Plan Review and Appearance Board
(SPRAB), introduced the SPRAB members and presented awards to the following
recipients:
This year's design categories and recipients include:
NEW COMMERCIAL DEVELOPMENT
Coral Trace Office Park
~ MAS Development Corporation,
(Owner/Developer)
~ Steven Schwortz (Architect)
~ Kimberly Moyer (Landscape Architect)
The Meridian
~ Cary Glickstein, (Owner/Developer)
~ Rustem Kuppi (Architect)
~ Debora Turner (Landscape Architect)
NEW RESIDENTIAL REDEVELOPMENT
126 Gleason Street
~ Jeffrey Silberstein (Owner/Developer)
~ Jeffrey Silberstein (Architect)
~ Debora Turner (Landscape Architect)
Downtown Lofts
~ Francisco Perez-Azua (Architect)
~ Carol Borough Perez (Landscape
Architect)
EXTERIOR RENO VA TIONS
NEW DOWTOWN RESIDENTIAL
DEVELOPMENT
Legacy Bank
~ Bradley Meredith and Dennis Bedley
(Owners)
~ Jess Sowards (Architect)
~ Debora Turner (Landscape Architect)
Co- Winners
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12/12/06
NEW INDUSTRIAL DEVELOPMENT
~ Digby Bridges (Architect)
~ Richard Durr (Landscape Architect)
Wallace Drive Commerce Center
~ Jim Zengage (Owner)
~ Jaime Mayo (Architect)
~ Dave Bodker (Landscape Architect)
WALL SIGNAGE
NEW PUBLIC BUILDINGS
Catherine Strong Park
~ City of Delray Beach, Joe Weldon, Director
of Park and Recreation (Owner/Developer)
Maroone Nissan
~ Mike Ochoa (General Manager)
~ Paul Yesbeck (Sign Contractor)
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. NNAL BOUNDARY PLAT APPROVALffiARTMAN
TOWNHOUSES PLAT: Approve the boundary plat for the Hartman Townhouses Plat,
located on the northwest comer ofN.E. 3rd Street and N.E. ih Avenue.
8.B. CHANGE ORDER NO. 2/NNAL (CONTRACT
CLOSEOUT)/ALMAZAN BROTHERS. INC.: Approve Change Order No.2 in the
amount of a $9,496.00 decrease and final payment in the amount of $11,505.20 to
Almazan Brothers, Inc. for completion of the Royal Palm Drive Road Reconstruction
Project. Funding is available from 334-3162-541-65.84 (General Construction
Fund/Capital Outlay/Royal Palm Drive).
8.C. NRST AMENDMENT/2002 PALM BEACH COUNTY
RECREATION CULTURAL FACILITIES BONDIINTRACOASTAL
W A TERW A Y PARK: Approve a First Amendment to the Interlocal Agreement
between the City and Palm Beach County for increased funding for the Intracoastal
Waterway Park Project (Mangrove Park). The amendment increases the total County
Bond funding from an amount not to exceed $1,000,000.00 to an amount not to exceed
$2,000,000.00, and increases the required City match from $1,152,240.00 to
$1,606,008.00.
8.D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of
funding agreements with two (2) sub-recipients (Community Child Care Center d/b/a
Achievement Centers for Children and Families and the Urban League of Palm Beach
County, Inc.) under the Community Development Block Grant (CDBG) program for FY
2006-2007, with the total funding in the amount of $84,620.00 from various accounts
within the CDBG fund.
8.E. LEASE AGREEMENT FOR TEMPORARY
PARKING/PINEAPPLE GROVE. L TD: Approve a lease agreement between the City
of Delray Beach and Pineapple Grove Ltd. allowing the City to use the vacant property,
located at 105 - 115 N.E. I st Street for public parking purposes until March 31, 2007.
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12/12/06
B.F. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Ratify the reappointments of Mr. Peter Perri,
representative of the West Atlantic Redevelopment Coalition and Reginald Cox as the
alternative representative for two (2) year terms ending September 30, 2008.
B.G. ADOPTION OF THE DELRAY BEACH PARKING MASTER
PLAN: Approve and adopt the Delray Beach Parking Master Plan.
B.H. AMENDMENT NO. l/S0UND INVESTMENTS BY J.W. INC./PRO
DVD MAKERS: Approve Amendment No. I to the agreement between the City and
Sound Investments by l.W., Inc. d/b/a Pro DVD Makers in the amount of $24,000.00 per
year for three (3) years, to maintain and upgrade our virtual tour on the City's web page.
Funding is available from 001-4111-572-46.90 (General Fund/Other RepairlMaintenance
Costs).
B.I. LICENSE AGREEMENTIBLOCK 77 DEVELOPMENT GROUP.
L.c.: Approve a license agreement between the City and Block 77 Development Group,
L.c. for the temporary use of two parcels (Lot 19, Block 69 and portions of Lots 10 and
11, Block 77) to accommodate parking for the general public, located on S.E. I st Avenue
just south of Atlantic Avenue.
B.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period December 4, 2006 through December 8, 2006.
B.K AWARD OF BIDS AND CONTRACTS:
L Bid award to Bermuda Services, Inc. in the amount of $52,268.33
for irrigation and landscape improvements to the Chatelaine
Subdivision, in connection with the Strategic Task Team Initiative.
Funding is available from 334-6130-541-63.89 (General
Construction FundIN eighborhood Enhancement Expenditure).
2. Bid award to Gator Landscaping in an estimated annual cost of
$44,182.00 for the landscape maintenance of the Stormwater
Retention Areas and Improved Water Retention Areas. Funding is
available from 448-5416-538-34.90 (Stormwater Utility
Fund/Other Contractual Services).
3. Bid award to West Construction, Inc. in the amount of $144,007.05
for construction of the Rosemont Park Improvements, in the
Rosemont neighborhood located between S.W. 5th Avenue and
S.W. 4th Avenue. Funding is available from 334-4131-572-65.89
(General Construction FundlNeighborhood - S.W. 6th Street -
Rosemont) and 441-5161-536-65.89 (Water/Sewer Fund/
Neighborhood - S.W. 6th Street - Rosemont).
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12/12/06
4. Bid award to various vendors for pipe fittings and accessories for
the City Utilities Warehouse and Construction Division at an
estimated annual cost of $231,076.79. Funding is available from
various departmental operating budgets and construction projects.
5. Bid award to Signature Systems, LLC in the amount of $18,936.45
for 8,000 square feet of Event Deck to be used to cover one clay
court for use for Tennis and other events. Funding is available
from 001-4210-575-63.90 (General Fund/Other Improvements).
6. Purchase award to Americas Generators, Inc. in the amount of
$295,057.96 for the purchase oflarge fixed and portable generators
to power various Sanitary Lift Stations, Storm Water Pump
Stations, and the North Water Re-pump Facility during power
outages. Funding is available from 442-5178-536-64.90
(Water/Sewer Renewal and Replacement Fund/Other
Machinery/Equipment), 441-5161-536-64.90 (Water/Sewer
Fund/Other Machinery/Equipment) and 448-5461-538-68.18
(Storm Water Utility Fund/Storm Water Pump Station
Rehabilitation).
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes;
Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 6:21 p.m., the Commission moved to Item
9.A.
9.
REGULAR AGENDA:
9.A. WAIVER REOUESTS/346 N.W. 7th AVENUE: Consider waiver
requests to Land Development Regulations (LDR) Section 4.3.4(K), "Development
Standards Matrix" to reduce the lot frontage, lot width and lot size for two (2) proposed
lots, located at the southwest comer ofN.W. 4th Street and N.W. 7th Avenue (346 N.W.
ih Avenue). (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
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12/12/06
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-043 into the record.
Mr. Dorling stated this is one (I) un-platted corner lot and is owned by the
Delray Beach Community Land Trust and it is proposed for development as two
affordable housing units. He stated there is an existing home on it and what is being
proposed on it is a demolition of that house and then subdivision of the property to create
two lots which will front along N.W. 7th Avenue. Both lots will measure 53.50 feet wide
by 135 feet deep. Neither of these proposed lots will comply with the R-I-A (Single
Family Residential) zoning district lot standards with respect to lot frontage, lot width
and lot size as further discussed in the Planning and Zoning staff report. Staff
recommends approval subject to the positive findings ofLDR Section 2.4.7(B)(5) and are
requesting that a survey be submitted to the Engineering Department as a condition of
approval.
Mayor Perlman stated if there is anyone from the public who would like to
speak in favor or in opposition of the waiver requests, to please come forward at this
time. No one from the public came forward to address the Commission about the waiver
requests.
The Assistant City Attorney briefly reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
and made an official part ofthe minutes).
Mrs. Montague moved to approve the waiver requests, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
9.B. WAIVER REOUEST/510 SEAGATE DRIVE: Consider a request for
waiver of Land Development Regulations (LDR) Section 6.1.3(D)(1)(b), "Sidewalks"
associated with a two-story addition to an existing single family residence, located at 510
Seagate Drive, within the Beach Overlay District. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2007-008 into the record.
Mr. Dorling stated this is a proposal to add a two-story addition to an
existing two-story single family residence. Pursuant to LDR Section 6.1.3 (B)(1), a 5
foot sidewalk is required. There are no sidewalks along Seagate Drive or Melaleuca
Road or in the vicinity of the subject property. Therefore, the applicant is requesting this
relief. Positive findings are made in the staff report with respect to LDR Section 2.4.7
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12/12/06
(B)(5) and staff recommends approval ofthe waiver.
The Assistant City Attorney briefly reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
and made an official part of the minutes).
Mr. Fetzer moved to approve the waiver request for 510 Seagate Drive,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague
- Yes. Said motion passed with a 5 to 0 vote.
9.C. WAIVER REOUEST/SUN AMERICAN BANK: Consider a request
for waiver of Land Development Regulations (LDR) Section 2.4.6(F), "Temporary Use
Permit", to allow a temporary pre-fab building for Sun American Bank, located on the
north side of S.E. 6th Street, between S.E. 5th Avenue and S.E. 6th Avenue. (Quasi-
Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-053 into the record.
Mr. Dorling stated this is a request for a temporary pre-fab building to
house the Sun American Bank and would be located on their proposed site between the
Federal Highway pairs north of S.E. 6th Street. He stated the site plan has been approved
by the Site Plan Review and Appearance Board (SPRAB) on September 13,2006 and is a
3,184 square foot bank. The developer is now requesting to place a 1,960 square foot
pre-fabricated building to serve as a temporary banking facility prior to and during the
construction of the permanent facility. The temporary facility will be located to the east
of the permanent structure with a new drive-thru land and 18 parking spaces (including a
handicap parking space). Mr. Dorling stated LDR Section 2.4.6(F)(I) states that no
temporary uses are allowed unless they are specifically listed under the temporary use
permit section. Staff recommends a 24-month timeframe which they feel is adequate for
the developer to build the facility. Staff recommends approval of the waiver to allow for
a temporary bank building for a period not to exceed 24 months, based upon positive
findings with respect to LDR Section 2.4.7(B)(5), subject to the following conditions: (1)
That a Class II site plan modification is processed and approval obtained from the Site
Plan Review and Appearance Board, (2) That the site be fully restored in compliance
with the approved Class V site plan for Sun American Bank once the trailer is removed;
and, (3) That the temporary use permit for the trailer is to be issued in conjunction with
the building permit issuance associated with the permanent improvements for the bank.
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12/12/06
Keith Chambers. Architect with KCA Desil!D Group. IDe. stated the
bank is very excited about becoming an active member in the City of Delray Beach and
this is why they are applying for a temporary bank building in this facility. Mr.
Chambers stated they are looking to establish this building in the facility and would like
to tie this structure to the construction of the existing building. He stated they are in the
process of designing the building now and received site plan approval but have not
finalized the interior and the layout and it will be another few months before they can
actually finish the construction drawings. He stated 24 months is acceptable but would
like to get the building up and running as soon as possible.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time.
Mr. Dorling stated the reason for having it tied into the building permit is
to make sure the improvements get done.
The Assistant City Attorney briefly reviewed the Board Order with the
Commission who made finding according to their consensus (attached hereto is a copy
and made an official part of the minutes).
Prior to the vote, Mrs. Montague asked if they are required to begin
construction within a certain timeframe. Mr. Dorling stated their site plan is valid for 24
months; if they want to continue to have an approved site plan they would need to either
construct 25% of their improvements within 24 months or they would then be required to
come in for an extension request for their site plan.
Mrs. Ellis moved to approve the waiver to allow a temporary bank
building for Sun American Bank for a period not to exceed 24 months and subject to the
conditions listed on page 2 of the Planning and Zoning staff report, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer -
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
9.D. WAIVER REOUEST/OLD NEAL'S MARKET/A TO Z
AUTOMOTIVE: Consider a request for waiver of Land Development Regulations
(LDR) Section 2.4.6(F)(3)(e), "Temporary Parking Lots", to allow temporary parking in
the lot located at the comer of N.E. 1 st Street between N.E. I st Street and N.E. 2nd
Avenue. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson and Mrs. Montague stated they had no ex parte
communications to disclose. Mayor Perlman stated he had some discussions with staff,
Bob Barcinski and Dick Hasko regarding getting this as a temporary parking lot. Mrs.
Ellis stated she has had some discussions with staff as well. Mr. Fetzer stated he had no
ex parte communications to disclose.
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12/12/06
Scott Aronson, Parking Management Specialist, stated the City
Commission has directed staff to find any and all properties for temporary parking until
the parking garages are built to get us through this holiday season. Staff has negotiated
several properties including the Old Neal's Market to provide such temporary parking. In
order to do so, there were some waivers that were required to the temporary parking lot
standards and design that needed to be done. Mr. Aronson stated the temporary contract
is through March and therefore is for a period of three months. He stated this lot will not
have an irrigation plan or landscaping plan and will be surrounded by a perimeter fence.
Review of a temporary lot permit would have to go before the Parking Management
Advisory Board (PMAB). A temporary lot has certain specifications that need to be
constructed with respect to compaction and grading. Pursuant to LDR Section
2.4.7(B)(5) prior to granting a waiver the approving body shall make a finding that the
granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not
significantly diminish the provision of public facilities; (c) shall not create an unsafe
situation; and, (d) does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other property for another
applicant or owner.
Brief discussion followed between Mr. Aronson and Commissioner
Montague regarding the timeframe of when the temporary lighting would be in place.
The City Manager stated if necessary the City can use portable lighting.
Mayor Perlman thanked Mr. Aronson, Dick Hasko and Bob Barcinski for
taking care of this.
The Assistant City Attorney briefly reviewed the Board Order with the
Commission who made finding according to their consensus (attached hereto is a copy
and made an official part of the minutes).
Mrs. Ellis moved to approve the waiver request to allow temporary
parking in the lot located at the comer of N.E. I st Street between N.E. I st Street and N.E.
2nd Avenue, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman-
Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
9.E. DISCUSSION/2007 ANNUAL TOWN HALL MEETING: Provide
direction regarding the 2007 Annual Town Hall Meeting.
The City Manager stated on a couple of different occasions the
Commission has talked about changing the format and doing something different from
what we currently have because many people do not feel comfortable speaking at the
Town Hall Meeting. He asked for direction from the Commission as to what they would
like to do instead. He stated the Infrastructure Hearing is a requirement for Planning and
Zoning and will still be part of the meeting. The City Manager stated if we are going to
have a Town Hall Meeting we need to start working on it and if not, we need to start
thinking in a different direction.
Mayor Perlman stated he would like to do a different format.
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12/12/06
Mr. Levinson concurred with comments expressed by Mayor Perlman and
feels we need to find a better methodology.
Mayor Perlman stated Governing Magazine referred to America
Speaks.org and explained it is a facilitated discussion with small group tables and a guide
provided to people and there is background material given to people on issues of current
discussion and relevance. He stated when people leave the meeting there is already a
report card summarizing the different input from the evening.
Mr. Fetzer asked if this can be accomplished with one meeting. The
Commission concurred that one meeting should be sufficient.
Brief discussion followed over the attendance and the City Manager stated
in the past there have been approximately 100-150 with 200 people maximum.
Mayor Perlman suggested that there be between 15-20 tables with
facilitators at each table.
Mr. Levinson stated the material would be useful for the Goal Setting for
the Commission. He feels if there are reports and ideas that come from the Town Hall
Meeting this can help craft the discussion for the Goal Setting sessions.
Mrs. Montague stated reports are presented at the Town Hall Meetings via
the Community Redevelopment Agency (CRA) and asked how this would work in this
format. Mayor Perlman stated you can still have the presentations but the public input
would be facilitated discussions where people would feel more comfortable. He stated
there is a lot of valuable information presented the evening of the Town Hall Meeting in
terms of what is happening in Planning and Zoning and the CRA. Mayor Perlman stated
he would prefer to keep this portion of the Town Hall Meeting because there is such
valuable information and there are written materials.
Mr. Levinson stated generally there is a PowerPoint presentation and a
written presentation and suggested that this be placed on the web.
Mayor Perlman asked about the venue and Mr. Levinson stated this would
be left up to staff.
Mrs. Ellis stated she likes that we include the presentations because it is
very valuable information. She stated as long as it is open to the public she feels it is a
great format.
Mrs. Montague stated the recording of the Town Hall Meeting was
repeated on BRET last year. Mr. Levinson stated the presentation portion is what was
recorded and this could be done again by BRET. The City Manager suggested sending
the meeting out live this year. Mrs. Montague asked if the City Manager can give the
Commission a timeframe. The City Manager stated by the time of the next Commission
meeting staff can obtain the venue, etc.
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9.F. FY 2007 PEFORMANCE MEASURES/GOLF COURSES AND
TENNIS FACILITIES: Consider approval of proposed performance measures for FY
2007 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to approve the performance measures proposed for fiscal year 2007 for
the Municipal golf course, Lakeview golf course and the tennis facilities. Staff reviewed
and have discussed with JCD Sports Group staff and made a few adjustments.
Mrs. Ellis moved to approve the proposed performance measures for fiscal
year 2007 for the Municipal golf course, Lakeview golf course and tennis facilities,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Fetzer - Yes. Said motion passed with a 5 to 0 vote.
9.G. CREATIVE CITY COLLABORATIVE: Consider the establishment of
a Creative City Collaborative Organizational/Incorporation Committee and provide
direction on its formation and tasks.
Robert A. Barcinski, Assistant City Manager, stated at its meeting of
November 21, 2006, the City Commission received a presentation from Mr. Tom Jones
and it was the consensus of the Commission to set this up as a 501(C)(3). However, Mr.
Barcinski stated in other discussions by the Commission it was suggested that we do
something in the interim (i.e. City Committee/Incorporation Committee or Organizational
Committee) that could review the by-laws.
Mr. Levinson suggested that the Attorney not be on the committee but a
support to the committee.
Mrs. Montague inquired about representation from the Library Board. Mr.
Barcinski stated he was trying to keep this committee to a minimum. Mrs. Montague
stated she has always perceived the Library, Old School Square and EPOCH the cultural
foundations.
Mayor Perlman stated they can take the attorney off and add a library
representative.
Mrs. Ellis stated this committee is completely different than the
compOSItion of the ultimate Board for this cultural alliance. She stated she can
understand us needing a committee to help to get the formation underway in deciding
what the values will be here. Mrs. Ellis stated she wants this to succeed because she
believes it is a good initiative to get started. She stated the Commission has agreed that
this should be an organization that would be self-sustaining. Mrs. Ellis stated she would
really like to see this succeed but she does not want the Commission to lose site of what
we expect the outcome to be.
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12/12/06
Mayor Perlman stated the goal is to expand the pie and begin to find a way
where we can bring more money into the community for cultural uses. Mayor Perlman
stated he believes the City will always be in the business of supporting the non-profits to
some level. He would like us to expand the pie so there is less of an obligation on the
taxpayer and more money brought in from the private sector.
Mayor Perlman asked about staff support for this. Mr. Barcinski stated
initially the City would have to provide staff support to assist. The City Manager stated
this would be a transition because eventually they will have their own staff. Mayor
Perlman asked if staff will be advertising for Board members. Mr. Barcinski stated staff
will be advertising for Board members.
Mr. Levinson moved to approve to establish the Creative City
Collaborative Organization/Incorporation Committee in accordance with the
memorandum as set forth in the Agenda, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to Item
10, Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 68-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendments to the Land Development Regulations (LDR)
which intend to clarify the current regulations, provide parameters, and define compatible
development within the historic districts. The amendments are primarily based on
recommendations provided by REG Architects, the consultants hired during the
moratorium to find resolutions to the recent concerns over the level and type of
development affecting historic preservation efforts within all five (5) of the City's
historic districts. Ifpassed, a public hearing will be scheduled for January 2,2007. (This
ordinance is postponed to provide the Historic Preservation Board the opportunity to
make recommendations and staff has asked REG Architects, Inc. to test the proposed
guidelines on certain homes in the historic districts.)
The caption of Ordinance No. 68-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH
BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT"
AND 1.4.4, "PENALTY", PROVIDING THAT
NEGLECT SHALL CONSTITUTE A NUISANCE AND
PROVIDING FOR ENFORCEMENT AND PENALTIES;
AMENDING SECTION 2.2.6, "THE HISTORIC
PRESERVATION BOARD", SUBSECTION (C),
"MEETING AND QUORUM", PROVIDING FOR
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VOTING; AMENDING SECTION 2.4.6, "PROCEDURES
FOR OBTAINING PERMITS", SUBSECTION (H),
"CERTIFICATE OF APPROPRIATENESS FOR
HISTORIC SITES, STRUCTURES, AND IN HISTORIC
DISTRICTS", BY PROVIDING DOCUMENTATION
FOR DEMOLITIONS; AMENDING SECTION 3.2.4,
"STANDARDS FOR SPECIFIC AREAS OR
PURPOSES", SUBSECTION 3.2.4(E), "HISTORIC
DISTRICTS AND SITES", PROVIDING FOR AND
INCORPORATING THE DELRA Y BEACH HISTORIC
PRESERVATION DESIGN GUIDELINES AND THE
SECRETARY OF THE INTERIOR STANDARDS FOR
REHABILITATION; AMENDING SECTION 4.1.4, "USE
OF LOTS OF RECORD", SUBSECTION 4.1.4(E), TO
PROVIDE FOR VARIANCES; AMENDING SECTION
4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC
USES", SUBSECTION (Q), "GUEST COTTAGE" TO
PROVIDE THAT HEIGHT SHALL NOT EXCEED
THAT OF MAIN STRUCTURE IN HISTORIC
DISTRICTS; AMENDING SECTION 4.4.17,
"RESIDENTIAL OFFICE (RO) DISTRICT",
SUBSECTIONS 4.4.17(A), "PURPOSE AND INTENT",
AND 4.4. 17(G), "SUPPLEMENTAL DISTRICT
REGULATIONS", PROVIDING FOR CONVERSION OF
RESIDENTIAL STRUCTURES INTO OFFICE USE IN
HISTORIC DISTRICTS; AMENDING SECTION 4.4.24,
"OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
(OS SHAD)", SUBSECTIONS 4.4.24(D),
"CONDITIONAL USES" AND 4.4.24(H), "SPECIAL
DISTRICT REGULATIONS", PROVIDING PUBLIC
PARKING LOTS NOT ASSOCIATED WITH A USE
ARE ALLOWED AS CONDITIONAL USES AND
CLARIFYING SPECIAL DISTRICT REGULATIONS;
AMENDING SECTION 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTS",
SUBSECTION 4.5.1(B), "CRITERIA FOR
DESIGNATION OF HISTORIC SITES OR DISTRICTS",
4.5.1(E), "DEVELOPMENT STANDARDS", 4.5. 1 (F),
"RESTRICTIONS ON DEMOLITIONS", AND 4.5.1(1),
"HISTORIC PRESERVATION BOARD TO ACT ON
SITE PLANS, LANDSCAPE PLANS AND
ARCHITECTURAL ELEVATIONS", BY PROVIDING
CLARIFICATION REGARDING FENCES AND
PARKING IN HISTORIC DISTRICTS,
COMPATIBILITY STANDARDS, AND ADDITIONAL
REQUIREMENTS FOR DEMOLITION
APPLICATIONS; AND AMENDING APPENDIX "A",
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12/12/06
"DEFINITIONS", TO PROVIDE A NEW DEFINITION
FOR "HARDSCAPE" AND AMENDING THE
DEFINITIONS FOR "CONTRillUTING" AND "NON-
CONTRIBUTING" STRUCTURES; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 68-06 is on file in the City Clerk's
office.)
Mayor Perlman stated Ordinance No. 68-06 has been postponed to provide
the Historic Preservation Board (HPB) the opportunity to make recommendations. Staff
has asked the consultant for the Historic Preservation Guidelines (REG Architects) to test
the guidelines on certain homes in the historic districts. Mayor Perlman asked when the
test will happen and when the results will be back.
Paul Dorling, Director of Planning and Zoning, stated staff met with them
today and the test results should be completed around January 16th, 17th, or 18th.
Mrs. Ellis moved to postpone Ordinance No. 68-06 to a date not certain,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague
- Yes. Said motion passed with a 5 to 0 vote.
to.B. ORDINANCE NO. 76-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendments to the Land Development Regulations enacting
Section 4.3.3(DDD), "Day and Night Treatment with Community Housing" to provide
for regulation of these new housing arrangements defined in the Florida Administrative
Code, that provide housing only to individuals who are substance abuse impaired or in
recovery; adding "Day and Night Treatment with Community Housing" as a Conditional
Use within the Medium Density Residential (RM), General Commercial (GC), Central
Business District (CBD), Professional and Office District (POD), Residential Office
(RO), Community Facilities (CF) and Old School Square Historic Arts District
(OSSHAD) zoning districts; amending Appendix "A", "Definitions", to provide a
definition for "Day and Night Treatment with Community Housing". Ifpassed, a public
hearing will be scheduled for January 2, 2007.
The caption of Ordinance No. 76-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY
ENACTING SECTION 4.3.3(DDD), "DAY AND NIGHT
TREATMENT WITH COMMUNITY HOUSING", TO
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12/12/06
PROVIDE LOCAL REGULATIONS GOVERNING DAY
AND NIGHT TREATMENT WITH COMMUNITY
HOUSING; AMENDING SECTIONS 4.4.6, "MEDIUM
DENSITY RESIDENTIAL (RM) DISTRICT"; 4.4.9
"GENERAL COMMERCIAL (GC) DISTRICT", 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT," 4.4.16,
"PROFESSIONAL AND OFFICE (POD) DISTRICT,"
4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT",
4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT,"
AND 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OS SHAD)", TO ADD "DAY AND
NIGHT TREATMENT WITH COMMUNITY HOUSING"
AS CONDITIONAL USES AND STRUCTURES
ALLOWED; AMENDING APPENDIX "A", "TERM
AND DEFINITION," ADDING THE DEFINITION OF
"DAY AND NIGHT TREATMENT WITH
COMMUNITY HOUSING"; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 76-06 is on file in the City Clerk's
office.)
The Assistant City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the administrative
code has recently been amended to include a new housing arrangement known as day and
night treatment with community housing which provides housing only to individuals
recovering from substance abuse. This use was previously known as a residential license
service provider facility and is in the City's code as a conditional use in the same
districts. The name is now changed and these facilities have taken the position that they
no longer require a conditional use because they are not called residential license service
providers but are called day and night treatment facilities with community housing. This
amendment attempts to say that regardless of what you call it you are still required a
conditional use under these districts. Mr. Dorling stated this is not being added to the
districts and noted it is currently allowed as a conditional use.
At its meeting of November 20, 2006, the Planning and Zoning Board
considered this text amendment and the Board recommended approval with a 4 to 0 vote
(Eliopoulos, McDuffie and Halberg absent).
Mayor Perlman declared the public hearing open.
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12/12/06
Cara Sansonia. speakinl!: on behalf of Wellness Resource Center (a
licensed day/nil!:ht community housinl!: prol!:ram). opposes the proposal because day
and night community housing is already adequately regulated and besides being fully
licensed the program is a highly accredited program that adheres to the highest standards
in this field.
James Green. Attorney in West Palm Beach. speakinl!: on behalf of the
Caron Foundation. which operates a multi unit complex called "Fairways on the
Green", stated there is nothing in his view in the new state regulation of day and night
treatment with community housing that suggests or necessitates any kind of local
regulation. Mr. Green stated at Fairways on the Green people in recovery will reside at
their multi-unit apartment complex and will receive day and night treatment at a
completely separate location. He stated this is over regulation and there is no need that
has been shown as to why it should be regulated in the first place. Mr. Green stated this
is not necessary and urged the Commission to not support this ordinance on first reading.
Michael Weiner. Attorney with Weiner and Aronson. P.A.. 102 North
Swinton Avenue. Delray Beach. speakinl!: on behalf of the Caron Foundation. stated
Mr. Green is an expert in the area when dealing with recovering populations and their
rights under both the Fair Housing Act and Americans with Disability Act. Mr. Weiner
confirmed that although this is the first of two readings that there will be a second
reading/second public hearing and that there will be additional testimony. He stated in
between, they will be submitting things to the City so that the City Commission can see
this ordinance is not wise with respect to public policy and contravenes some important
state statutes and rights.
Mayor Perlman stated if this ordinance passes this evening there will be a
public hearing scheduled for January 2, 2007 and inquired whether this will be quasi-
judicial in nature. The Assistant City Attorney stated this would just be another public
hearing since this is just a rezoning.
There being no one else who wished to address the Commission regarding
Ordinance No. 76-06, the public hearing was closed.
Mayor Perlman commented about the testimony this evening from Ms.
Sansonia and Mr. Green about there not being a need for this and that the Florida
Administrative Code takes care of this and to the charge of over regulation.
Mrs. Barton stated she does not believe that there is an over regulation at
the state level and noted that this is a new category that is regulated a lot less than it has
been regulated in the past when it was called something different.
Mrs. Montague asked why the new category was created.
Mrs. Barton stated she has had conversations with the Department of
Children and Families which is the regulatory agency that oversees these type of facilities
and it is her understanding that these types of facilities (residential component of what
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12/12/06
was known as the license service provider facilities) came forward and expressed some
concerns about a law that was passed in 2002 that regulated them at that time. Therefore,
they lobbied to have the administrative code rules amended to provide a new category.
Mrs. Barton stated it amended the administrative code rule and did not amend the state
statutes. The administrative code rules for Florida regulate state agencies that oversee
many different types of professions. This is more of an advisory rather than a regulatory
amendment.
Mayor Perlman stated he received a letter from Department of Children
and Families (DCF) and it is very vague and outlines a lot of concerns without giving a
reason why. He stated he would like to know more about what DCF is objecting to
specifically and then he would like City staff to respond to DCF's concerns. Mrs. Barton
stated staff can review the letter and address Mayor Perlman's concerns and/or DCF's
concerns.
Mrs. Ellis moved to approve Ordinance No. 76-06 on First Reading/First
Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes;
Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A.
City Manae:er's response to prior public comments and inauiries.
The City Manager stated at the last Commission meeting several residents
from S.E. 7th Avenue expressed concern about how the proposed amendments to the
historic district regulations might affect them. He stated between the City's consultant
and staff, staff intends to examine each one of the properties in that block to see exactly
how they would be impacted by these regulations to see if there needs to be some
modification or to see if staff overlooked something so that staff and the Commission can
know precisely what the impact is on these particular properties.
Secondly, he stated Mr. Anderson (Principal of Pine Grove Elementary
School) expressed concern about traffic speeds in the morning. The City Manager stated
the Police Department has directed police officers to monitor traffic both in the morning
and the afternoon.
11.B.
From the Public.
11.B.1. Vincent Dole. 245 N.E. 8th Avenue. Delrav Beach. speaking on behalf of
Friends of Delray (the largest civic education organization in Delray Beach),
congratulated and commended the City Commission on the great success of the Delray
Beach Community Land Trust (CLT). He stated in such a short period of time great
progress has been made.
Mr. Levinson thanked Friends of Delray for getting the word out in the
community.
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12/12/06
11.B.2. Steve Harsnett. 405 S.E. 7th Avenue. Delray Beach (homeowner in the
Marina Historic District) asked for clarification from the City Manager on his previous
comment that the proposed guidelines would be looked at relative to homes in the section
of S.E. 7th Avenue. Mr. Harsnett asked ifhe means a specific block or specific homes or
in general all of the Marina Historic District.
The City Manager stated specifically this would include the 300 block and
a few homes in the 400 block. Mr. Harsnett asked if this would include the new homes
that have recently been constructed as well as the few homes that have been designated
contributing if in fact they are contributing. The City Manager stated the City would look
at each property regardless of their age. Mr. Harsnett commented about the petition that
was submitted to the Commission from the homeowners of the 300 block asking for
consideration of succession from the historic district. He asked if looking at these homes
could in some way impact the future of that block in the historic district. The City
Manager explained this is within the Commission's purview and is not an administrative
issue. Mayor Perlman stated he has given this consideration and he will not support it.
11.B.3. Ellen Key. 321 S.E. 7th Avenue. Delray Beach. suggested when the
Commission reviews these guidelines that they pull up the 1988 listing when the Marina
Historic District was first formed. She stated they listed what they were going to do and
what they were not going to do and one of those things that she feels is very important is
that they would not restrict a homeowner's property rights. Mrs. Key stated in her block
there is maybe one house that is considered historic and she does not understand why the
property rights of 15 other houses in the 300 block get brought down because of one. She
urged the Commission that a compromise be made and that everyone's rights are taken
into consideration.
11.B.4. Matthew Grabham. 350 S.E. 7th Avenue. Delray Beach. asked for
clarification with respect to the testing of the historic guidelines. He stated if the LDR's
are different from the original guidelines and the guidelines are being changed, which
guidelines are going to be used for the test and can these be published. Mr. Grabham
asked if anyone has considered allowing any Delray Beach architects to perform the
testing rather than the company which offered the guidelines. He inquired whether or not
there was an opportunity to go out to bid to perform the testing.
11.B.5. Chuck Key. 325 S.E. 7th Avenue. Delray Beach. asked if there is going
to be a public hearing on January 2,2007 or will it be on January 17,2007 with the study.
He requested that when the study is performed, that at least one home is waterfront
property.
Mayor Perlman stated there is not a hearing on January 2, 2007 because
the consultant will not be done until January 19th.
The City Manager stated the City will look at all of the houses in the 300
block both on the waterfront and off the waterfront; however, he stated he is not sure how
many homes REG (consultant) will look at and how many someone else may look at.
The calculations will be done for all the homes.
- 18 -
12/12/06
1l.B.6. Francisco Perez-Azua, (a local architect), expressed concern over the
blanket guidelines for all of the historic districts although the districts are different. He
stated the guidelines supplement describes the districts with different chapters for each
district. Mr. Perez-Azua stated the guidelines themselves describe the districts, talk about
the different characteristics of the district and the different styles in the districts.
However, then it goes into the recommendations portion with the angle lines, etc. He
stated this should be within each district and noted those are general. Mr. Perez-Azua
stated the guidelines, numbers, angles and formulas are not by district.
1l.B.7. Jose Herrera. 14897 Whatley Road. Delray Beach. thanked the City
Commission for annexing his neighborhood a few years ago and for the road
improvements that have been done.
Secondly, Mr. Herrera stated he is on the Police Advisory Board and
reported that last night over 22 members of the community attended the Police Advisory
Board meeting. He also commented about the Police Department and stated the crime
has decreased in Delray Beach.
1l.B.8. Anita Dietrich. 238 S.E. 7th Avenue. Delray Beach. stated her husband
bought a home that is designated historic (approximately 1985) before the area was ever
designated historic. She stated they had a baby and quickly outgrew the house. Mrs.
Dietrich stated they went through all the proper procedures when Pat Cayce was
employed with the City of Delray Beach and had a beautiful addition done. She stated
they now have four children and one is a drummer and they are looking to build a single
car garage with a small apartment above the garage. Mrs. Dietrich stated she recently
met with the Planning Director who gave her the impression that if you are going to
outgrow your house you need to not be in a historic area. She stated they are
homeowners on a street that want to be able to use their properties with the rights that
they have and she urged the Commission to look at them as individuals and not as a
group of people coming against the city.
At this point, the time being 7:35 p.m., the Commission moved back to
Item 9.H., Housing Assistance and Development Agreement.
9.H. HOUSING ASSISTANCE AND DEVELOPMENT AGREEMENT:
Consider approval of the final Housing Assistance and Development Agreement between
Midtown Delray, LLC and the City of Delray Beach, Delray Beach Community Land
Trust, Inc., and the Delray Beach Chamber of Commerce for the development of
workforce housing.
Brian Shutt, Assistant City Attorney, stated this is an agreement between
the City of Delray Beach, Midtown Delray, LLC, the Delray Beach Chamber of
Commerce and the Delray Beach Community Land Trust, Inc. and the developer will
provide that 25% of homes out of 124 homes (32 units) will be for essential services
personnel at a certain workforce housing rate.
- 19-
12/12/06
Mr. Fetzer moved to approve the Housing Assistance and Development
Agreement between Midtown Delray LLC, the City of Delray Beach, the Delray Beach
Community Land Trust, Inc. and the Delray Beach Chamber of Commerce for the
development of workforce housing, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague -
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
9.1. BID AWARDS/MULTIPLE VENDORS: Consider approval of
multiple bid awards in an estimated annual cost of $102,000.00 for the purchase and
delivery of various medical and drug supplies for the Fire Department via Bid #2006-43.
Some of the recommended bid awards are not to the lowest bidder. Funding is available
from 001-2315-526-52.20 (General Fund/General Operating Supplies) FY 2007.
Mrs. Ellis moved to approve multiple bid awards in the estimated annual
cost of $1 02,000, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote.
9.J. AGREEMENTIUNITED STATES TENNIS ASSOCIATION
INC.(UST A)/ FED CUP TIE: Consider approval of a Host Facility Agreement with the
United States Tennis Association, Inc. (USTA) for the Fed Cup Tie to be held at the
Tennis Center on April 21-22, 2007.
Robert A. Barcinski, Assistant City Manager, stated this item is before the
Commission for consideration of an agreement with the United States Tennis
Association, Inc. (USTA) for Delray Beach to be the host site for the Fed Cup Tie to be
held at the Tennis Center on April 21-22, 2007.
Mayor Perlman thanked Mr. Barcinski for all his hard work on this and
also thanked JCD Sports. Mayor Perlman stated this provides excitement and economic
impact into the community.
The City Manager stated he would like to find a national level firm to help
market the sponsorships the City has. He stated the UST A has given them some leads on
firms that do this in some other communities. Mr. Barcinski stated he spoke today with a
man from New York and he will have a proposal to the City in the next few days.
Mrs. Montague moved to approve the Host Facility Agreement with the
United States Tennis Association, Inc. (USTA) for the Fed Cup Tie to be held at the
Tennis Center on April 21-22, 2007, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
- 20-
12/12/06
9.1(. HOUSING ASSISTANCE AND DEVELOPMENT AGREEMENT:
Consider a request regarding the Housing Assistance and Development Agreement
between Auburn Trace, L TD and the City of Delray Beach for the development of
workforce housing relative to the Community Wark Force Housing Innovation Program
(CWHIP). (ADDENDUM)
Brian Shutt, Assistant City Attorney, stated the City of Delray Beach will
not be providing the credit counseling services but will assist in identifying providers.
He stated the agreement essentially contains the same terms and conditions of 25%;
however, the number of homes has changed.
Mr. Levinson stated the Community Land Trust (CLT) did not have
sufficient time to negotiate this.
Mrs. Montague stated she understands that this does not preclude the
Delray Beach Housing Authority or the Community Land Trust (CL T) coming in as
partners at any time. The City Manager stated the application needs a public partner.
Mrs. Ellis moved to approve the request regarding the Housing Assistance
and Development Agreement between Auburn Trace, L TD and the City of Delray Beach
for the development of workforce housing relative to the Community Work Force
Innovation Program (CWHIP), seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer -
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
12.
FIRST READINGS:
12.A.
13.
NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A.
City Manae:er
The City Manager wished everyone a great holiday season.
13.B. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
B.C.
City Commission
13.C.1.
Mr. Fetzer
Mr. Fetzer had no comments or inquiries on non-agenda items.
- 21 -
12/12/06
13.C.2.
Mrs. Ellis
Mrs. Ellis stated she had a great time at the holiday parade Saturday
evening. She stated there was a great crowd and she really appreciated what the staff did.
Mrs. Ellis commended Danielle Beardsley for her hard work with making this all come
together.
Secondly, she stated she will be on vacation and will not be able to attend
the Employee Appreciation Luncheon on Wednesday, December 20,2006.
13.C.3.
Mrs. Montae:ue
Mrs. Montague commented about the holiday concert with the Delray
Beach Community Choir and stated Mr. Perry Stokes and Mr. Bill Wood both sang. She
stated the concert was thoroughly enjoyed by everyone and noted Mrs. Libby Wesley
attended and looked incredible. Mrs. Montague stated she had a great time and former
Commissioner Alberta McCarthy was also featured.
She stated the holiday parade was wonderful and she enjoyed her car with
Pame Williams, Administrative Assistant. Mrs. Montague thanked the City staff for
putting on an incredible event.
13.C.4.
Mr. Levinson
Mr. Levinson congratulated Pine Grove Elementary School who was the
best overall winner of the parade.
Secondly, he stated Tilt-con Corporation of Altamonte Springs won the
prestigIOus Merit Award in the 2006 Associated Builders and Contractors (ABC)
Excellence in Construction Awards competition. Mr. Levinson stated the award was
presented in the concrete category for the new multi-million dollar Atlantic High School
in Delray Beach.
13.C.5.
Mavor Perlman
Mayor Perlman commented about reporters leaving before the end of the
Commission meeting.
He stated he received a letter regarding the Lakeview issue and asked that
the City Manager respond for him. Mayor Perlman stated everyone has worked very
hard to come to a reasonable compromise regarding this issue.
Mayor Perlman read a letter into the record from a soldier stationed in Iraq
who received a package from the Project Holiday. He stated the soldier is from Delray
Beach and he attended Pine Grove Elementary School 40 years ago and noted Sergeant
John Evans of the Police Department is his younger brother.
- 22-
12/12/06
Mayor Perlman stated he attended a meeting yesterday that Sheriff Ric
Bradshaw convened and experts from the FBI and the Multi-Agency Gang Task Force
attended and elected officials were invited. Mayor Perlman stated they estimate that
there are approximately 3,000 members of street gangs and national gangs here in Palm
Beach County. He stated the videos are very violent and some of the videos are
packaged and sold at major retailers. He stated they also have myspace.com pages which
help the detectives. However, he stated everyone needs to be aware of this and the city
needs to craft a strategy. Mayor Perlman stated he spoke to Police Chief Schroeder about
bringing the PowerPoint presentation given by the detectives from the Multi-Agency
Gang Task Force about the issue with street gangs in Palm Beach County to a future
Workshop meeting. Mayor Perlman stated this will need to be a County-wide effort to
address the problem. He stated their concern is that municipalities are not ready for what
the new reality is in terms of youth violence in Palm Beach County.
Mr. Levinson stated he was on the Youth Violence Prevention Task Force
for the League of Cities and what is really scary is to hear the School Board police talk
about what goes on in school. He stated last week the County authorized the first three
empowerment centers which was one of the recommendations of the Youth Violence
Prevention Task Force and there will be a total of five centers (Lake Worth, West Palm,
Riviera Beach, one more in the Glades and one more in West Palm Beach). Mr.
Levinson stated West Palm Beach modeled their center after Delray Beach's 505 Teen
Club. Mr. Levinson stated the key is to provide kids something to do that is meaningful
that provides them money (i.e. job) so that they are not lured into these gangs because of
the money. Mayor Perlman stated they were told that players of high school, college, and
even pro football games and throw out hand signals (when they scan the bench) of their
gangs. Mayor Perlman stated it is an industry that is making serious money off music
(i.e. rap), etc. and noted it is very sophisticated. Mayor Perlman stated this is a
community effort and cannot be viewed as just the Police Department is going to be
asked to solve. He stated it has to start in the household and churches.
Mayor Perlman wished everyone a happy and healthy holiday season.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:03 p.m.
City Clerk
ATTEST:
MAYOR
- 23 -
12/12/06
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on December 12,2006, which Minutes were formally approved and adopted by the City
Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 24-
12/12/06
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR THE DELRA Y BEACH COMMUNITY LAND TRUST
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
December 12, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request from the CL T. All of
the evidence is a part of the record in this case. Required findings are made in
accordance with Subsection I.
I. WAIVER:
LDR Section 4.3.4(K) (Development Standards Matrix) provides minimum requirements
for development. The Applicant has requested the following waivers to the
development standards matrix in regards to the two lots:
Reduction of lot frontage and width for interior lots from 60' to 53.50'
Reduction of lot frontage and width for corner lots from 80' to 53.50'
Reduction of required lot size from 7,500 sq. ft. to 7,223 sq. ft.
Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Does the waiver request meet all the requirements of 2.4.7(8)(5)?
*Yes
5
No 0
*subject to providing a survey showing the reconfiguration of the lots
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
1
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submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves ~
denies ~ the waiver request to LOR Section 4.3.4(K).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 12th day of December, 2006, by a vote of
5 in favor and 0
opposed.
ATTEST:
~.~ . ~.~
Chevelle Nubin, City Cler
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 510 SEAGATE DRIVE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
December 12, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request from the property
located at 510 Seagate Drive. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsection I.
I. WAIVER:
LOR Section 6.1.3(8)(1) requires the construction of a sidewalk, the Applicant has
requested a waiver from this requirement.
Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
Yes 5
No 0
3. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
1
I~ q.8
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves ~
denies ~ the waiver request to LOR Section 6.1.3(B)(1).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 12th day of December, 2006, by a vote of 5
in favor and 0
opposed.
ATTEST:
~~~~~~~~
Chevelle Nubin, City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
OELRA Y BEACH, FLORIDA
WAIVER REQUEST FOR SUN AMERICAN BANK
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
December 12, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request Sun American Bank.
All of the evidence is a part of the record in this case. Required findings are made in
accordance with Subsection I.
I. WAIVER:
LOR Section 2.4.6(F)(1) provides that no temporary uses are allowed unless they are
specifically listed under the temporary use permit section. The Applicant has requested
a waiver to this section as the temporary use, bank building, is not listed in this section.
Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
*Yes 5
No 0
*subject to the submittal, processing and approval of a Class II site plan;
The site be fully restored in compliance with the approved Class V site plan
once the trailer is removed; and
The temporary use permit shall be valid for a 24 month period starting from the
granting of the temporary use permit.
3. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original development application was
1
;L~ q,e
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves ~
denies ~ the waiver request to LDR Section 2.4.6(F)(1).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 12th day of December, 2006, by a vote of
5 in favor and 0
opposed.
ATTEST:
~Q.~~'~.~~
Chevelle Nubin, City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST RELATING TO A TEMPORARY PARKING LOT
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
December 12, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the use of
property along N.E. 1st Avenue as a temporary parking lot. All of the evidence is a part
of the record in this case. Required findings are made in accordance with Subsection I.
I. WAIVER:
LOR Section 2.4.6(F)(3)(e) requires certain improvements and plans for temporary
parking lots. The Applicant is requesting a waiver from the requirements of Sections
2.4.6(F)(3)(e)(3), (4) and (8).
Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
Yes 5
No
o
3. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
1
:lleM... q.J)
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves 2-
denies ~ the waiver request to LDR Section 2.4.6(F)(3)(e)(3), (4) and (8).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 12th day of December, 2006, by a vote of 5
in favor and 0
opposed.
@#JJ:Mayor
ATTEST:
~\J S).~~
Chevelle Nubin, City Clerk
2
JANUARY 2. 2007
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, January 2,2007.
b
Roll call showed:
Present - Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - Commissioner Rita Ellis
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Nancy McCarthy with St.
Paul's Episcopal Church.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman stated Item 9.A., Conditional Use Modification
ReQuest/Delrav Beach Club has been postponed per the applicant's request.
There is a revised Item 8.L., Resolution No. 1-07 (State Housine:
Initiatives Partnership (SHIP) Local Housine: Assistance Plan) and additional
information (Board Order) for Item 9.B., Waiver ReQuests/Cannerv Row.
Mr. Levinson requested that Item 8.D., Chane:e Order No. 7/Final
(Contract Closeout)!Asphalt Consultants. Inc.. Item 8.F., Chane:e Order No. 6/Final
(Contract Closeout)/Chaz EQuipment. Inc.. Item 8.G., Chane:e Order No.
l/(Contract Addition)!Rosso Pavine: & Drainae:e. Inc.. Item 8.H., Chane:e Order No.
3/Final (Contract Closeout)/West Construction. Inc.. and Item 8.L., Resolution No.
1-07 (State Housine: Initiatives Partnership (SHIP) Local Housine: Assistance Plan)
be moved to the Regular Agenda.
Mr. Fetzer moved to approve the Agenda as amended, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with
a 4 to 0 vote.
01/02/07
5.
APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the Regular Meeting of
November 21, 2006, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer-
Yes. Said motion passed with a 4 to 0 vote.
Mr. Fetzer moved to approve the Minutes of the Regular Meeting of
December 5, 2006, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson-
Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Calline for the First-Non-Partisan Election to be held on March 13.
2007
Mayor Perlman read a proclamation hereby calling for the First
Nonpartisan Election to be held on Tuesday, March 13, 2007, between the hours of
7:00 a.m. and 7:00 p.m., at all the precincts and polling places in the City of Delray
Beach as designated by the Supervisor of Elections. He presented the proclamation to the
City Clerk.
7. PRESENTATIONS:
7.A. NONE
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. AMENDMENTIEASEMENT AGREEMENT/PORTEN CUSTOM
HOMES. L.C.: Approve an amendment to the easement agreement between the City
and Porten Custom Homes, LC., to allow a portion ofthe pool and deck to extend into the
easement area, located on the northwest comer of N.E. 1st Street and the Intracoastal
Waterway.
8.B. REQUEST FOR SIDEWALK DEFERRAL/1516 PINE LANE:
Approve a request to defer the installation of a sidewalk in front of 1516 Pine Lane. Staff
recommends approval.
8.C. RESOLUTION NO. 2-07: Approve Resolution No. 2-07 urging
members of the Florida Legislature to support municipal issues during the 2007
Legislative Session.
The caption of Resolution No. 2-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, URGING
- 2 -
01/02/07
MEMBERS OF THE FLORIDA LEGISLATURE TO
SUPPORT THE FOLLOWING ISSUES DURING THE
2007 LEGISLATIVE SESSION.
(The official copy of Resolution No. 2-07 is on file at the City Clerk's
Office.)
B.D. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS
ITEM 9.H.
B.E. CHANGE ORDER NOS. 3 & 4 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/BSA CORPORATION/DELRAY BEACH PUBLIC LIBRARY:
Approve Change Order No. 3/Final in the amount of $245,655.56, and Change Order No.
4/Final in the amount of a $233,455.00 decrease and final payment in the amount of
$76,118.25 to BSA Corporation for the construction of the new Delray Beach Public
Library; and approve a return of refund in the amount of $79,909.58 to the Delray Beach
Public Library. Funding is available from 334-3552-571-62.10 (General Construction
FundlBuildings) .
B.F. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS
ITEM 9.1.
B.G. THIS ITEM. WAS MOVED TO THE REGULAR AGENDA AS
ITEM 9.J.
B.H. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS
ITEM 9.K.
B.I. GUARANTEED MAXIMUM PRICE (GMP)/WESTERNISENIOR
COMMUNITY CENTERlWEITZ COMPANY: Approve the Guaranteed Maximum
Price (GMP) in the amount of $640,957.00 to Weitz Company for the construction of
Phase 1 (Site Work) including pond dredging, underground utilities and site grading for
the Western/Senior Community Center Project. Funding is available from 380-4150-
572-62.58 (2004 G.O. Bond/Western Community Center).
8.J. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO
HANDLEI CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND
REPRESENT THE CITY AT LOGIC AND ACCURACY TESTS FOR THE
FIRST NON-PARTISAN ELECTION: Authorize the Palm Beach County Supervisor
of Elections to handle and canvass the City's absentee and provisional ballots for the
March 13, 2007 First Non-Partisan Election, and represent the City at the requisite Logic
and Accuracy tests.
- 3 -
01/02/07
S.K. MEMORANDUM OF UNDERSTANDING/FLORIDA
DEPARTMENT OF FINANCIAL SERVICES: Approve a Memorandum of
Understanding with the Florida Department of Financial Services; and accept the 2007
Domestic Preparedness Grant from the State Homeland Security Grant Program in the
amount of $38,412.00 for equipment, maintenance of equipment, and training courses
related to Homeland Security.
S.L. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.L.
S.M. AGREEMENT/COMMAND SECURITY CORPORATION: Approve
an agreement between the City and Command Security Corporation to administer the
non-city sponsored off-duty police detail, including requests for services, scheduling
work and confirming completion along with maintaining logs and completing 1099s for
the individual officers; and Command Security will pay the City $7,500.00 per year for
administrative personnel involved in administration of the off-duty police details.
S.N. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE:
Approve a special event request for the Art and Jazz on the Avenue to be held on January
18,2007, from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section
2.4.6(F) for street closure of Atlantic Avenue, from Swinton to N.E.lS.E. ih Avenue, the
alley north of Atlantic Avenue between N.E. 2nd Avenue and Railroad Way, Railroad
Way from Atlantic to the alley just north of Atlantic Avenue, N.E. 2nd Avenue from
Atlantic Avenue to the alley and the Tennis Center parking lot; authorize staff support for
security and traffic control, barricading and EMS assistance.
S.O. SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND
CULTURAL SHOW: Consider approval of a special event request to allow the 4th
Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of
Florida, to be held on March 24-25, 2007 from 10:00 a.m. until 10:00 p.m. on the
grounds of Old School Square and in the Old School Square parking lot, granting a
temporary use permit per LDR Section 2.4.6(F) for street closure of the southwest section
of Old School Square parking lot and City Hall parking lots; authorize staff support for
security and traffic control, barricading, EMS assistance and event signage.
S.P. SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Approve
a special event request to allow the 9th Annual Cinco De Mayo Fiesta to be held Saturday,
May 5, 2007, from 1 :00 p.m. until II :00 p.m. at Old School Square, granting a temporary
use permit per LDR Section 2.4.6(F) for use of City parking lots at City Hall; authorize
staff support for security and traffic control, barricading, and also approve staff request to
use the South County Courthouse parking garage with the event sponsor paying the costs
to operate the garage from 12:00 p.m. to 5:00 p.m. and light tower costs; contingent on
the receipt of a hold harmless agreement and receipt of the certificate of liability
insurance and liquor liability insurance.
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01/02/07
~ COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of the
funding agreement with one (1) sub-recipient (Fair Housing Center of the Greater Palm
Beaches, Inc.) under the Community Development Block Grant (CDBG) program for FY
2006-2007 Annual Action Plan, with the total funding in the amount of $5,000.00 from
various accounts within the CDBG fund.
S.R ADDENDUMUCONTRACT FOR SALE AND PURCHASE OF
PROPERTYIDELRAY BEACH COMMUNITY LAND TRUST. INC.: Approve an
addendum to the Contract for Sale and Purchase of Property with the Delray Beach
Community Land Trust, Inc. extending the closing date to June 29,2007 for the property
located at 802 S.W. 3rd Street.
S.S. FLORIDA EAST COAST RAILWAY COMPANY (FE C)
CROSSING LICENSE AGREEMENTSIREAL ESTATE LEASE FOR (4)
PARCELS OF LAND: Approve the license agreements with the Florida East Coast
Railway Company (FEC) in the amount of $9,000.00 each year for use of the N.E. 1st
Street and S.E. 1 st Street railroad crossings; and approve the Real Estate Lease in the
amount of$9,800.00 for the four (4) parcels ofland (parcels A, B, E and F).
S.T. RATIFICATION OF APPOINTMENTS/KIDS AND COPS
COMMITTEE: Approve and ratify the appointments of Shirley Santiago and Paul
DeDominoco to the Kids and Cops Committee for unexpired terms ending November 30,
2007.
S.U. VILLAGE OF WELLINGTON AND THE CITY OF DELRAY
BEACH v. PALM BEACH COUNTY: Authorization to join in the appeal of the
Village of Wellington and the City of Delray Beach, et al. v. Palm Beach County
regarding any appeal filed to the Supreme Court of Florida.
S.V. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period December 11, 2006 through December 29,2006.
S.W. AWARD OF BIDS AND CONTRACTS:
h NONE
Mr. Fetzer moved to approve the Consent Agenda as amended, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed
with a 4 to 0 vote.
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01/02/07
9.
9.A. THIS ITEM HAS BEEN POSTPONED DUE TO THE REQUEST
OF THE APPLICANT.
REGULAR AGENDA:
9.B. WAIVER REOUESTS/CANNERY ROW: Consider a request for
waivers of Land Development Regulations (LDR) Section 4.6.18 (B)(14)(v)(2),
"Buildings within the Downtown Area; Miscellaneous; Wall Colors" and Section
4.6. 18(B)(14)(v)(3), "Buildings within the Downtown Area; Miscellaneous;
Appurtenances", associated with the Class V Site Plan for Cannery Row, located at the
southwest corner ofN.E. 2nd Avenue and N.E. 4th Street (Pineapple Grove Way). (Quasi-
Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-238 into the record.
Mr. Dorling stated on December 13, 2006, the Site Plan Review and
Appearance Board approved the Class V development proposal to construct an 82
townhouse project on the property formerly known as the Publix site. It also included a
recommendation for two waivers: (1) LDR Section 4.6.18 (B)(14)(v)(2), which requires
that a maximum of 4 primary wall colors shall be used for each building; and (2) LDR
Section 4.6.18(B)(14)(v)(3), which requires that miscellaneous free standing, wall or
ground mounted appurtenances such as electrical and gas meters, dumpster/recycling,
trash compactors, gas tanks, air conditioning and communication equipment be enclosed
or screened and integrated into the buildings architectural treatment.
The Site Plan Review and Appearance Board (SPRAB) considered these
waivers and recommended approval to the City Commission.
Pursuant to LDR Section 4.6.18(14)(v)(3), a maximum of 4 primary wall
colors shall be used for each building. The development proposal includes a color
scheme that includes 9 different primary wall colors.
Gary Eliopoulos, Architect with Kupi & Eliopoulos Architects, P.A.,
concurs with staffs report and is available for any questions the Commission may have.
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01/02/07
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Montague moved to approve the Board Order as set forth, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with
a 4 to 0 vote.
9.C. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Consider approval of an Interlocal Agreement between the City and the
Community Redevelopment Agency (CRA) for the funding of construction and
professional services for FY 2006 - 2007 City projects.
Mayor Perlman declared a conflict of interest, passed the gavel to Deputy
Vice Mayor Fetzer and left the dais.
Mrs. Montague moved to approve the Interlocal Agreement between the
City of Delray Beach and the Community Redevelopment Agency (CRA) for the funding
of construction and professional services for fiscal year 2006-2007, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 3 to 0 vote.
9.D. AGREEMENTIHURRICANE HOUSING RECOVERY PROGRAM
(HHRP): Consider approval of an agreement between the City, Community
Redevelopment Agency (CRA) and Hatcher Development and Construction in the
amount of $519,138.00 for the rehabilitation of 133 N.W. 5th Avenue. The bid award is
being contested. Funding is available from 118-1932-554-49.19 (Community
Development FundIHousing Rehabilitation).
Mayor Perlman declared a conflict of interest, passed the gavel to Deputy
Vice Mayor Fetzer and stepped down from the dais.
Mr. Levinson moved to approve the agreement between the City of Delray
Beach, Community Redevelopment Agency (CRA) and Hatcher Development and
Construction, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mr. Fetzer - Yes. Said motion
passed with a 3 to 0 vote.
9.E. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD:
Appoint three (3) regular members and two (2) alternate members to the Code
Enforcement Board for three (3) year terms ending January 14, 2010. Based upon the
rotation system, the appointments will be made by Commissioner Levinson (Seat #3),
Commission Montague (Seat #4), Mayor Perlman (Seat #5), Commissioner Ellis (Seat
#1) and Commissioner Fetzer (Seat #2).
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01/02/07
Mr. Levinson stated he would like to defer his appointment to the City
Commission meeting of January 16, 2007.
Mrs. Montague moved to reappoint David Hawke as a regular member to
the Code Enforcement Board for a three (3) year term ending January 14,2010, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a
4 to 0 vote.
Mayor Perlman stated he wished to reappoint Stanley Brodka as a regular
member to the Code Enforcement Board for a three (3) year term ending January 14,
2010. Mrs. Montague so moved, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson-
Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote.
Mrs. Ellis' appointment will be deferred to the City Commission meeting
of January 16, 2007.
Mr. Fetzer moved to appoint Susan Kay as an alternate member to the
Code Enforcement Board for a three (3) year term ending January 14, 2010, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with
a 4 to 0 vote.
9.F. APPOINTMENTS TO THE PARKING MANAGEMENT
ADVISORY BOARD: Appoint two (2) Citizen-at-Large Representatives to the Parking
Management Advisory Board for two (2) year terms ending January 31, 2009. Based
upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat
#2) and Commissioner Levinson (Seat #3).
Mr. Fetzer moved to appoint Nancy Schneider as a Citizen-at-Large
Representative to the Parking Management Advisory Board for a two (2) year term
ending January 31,2009, seconded by Mrs. Montague. Upon roll call the Commission
voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes. Said motion passed with a 4 to 0 vote.
Mr. Levinson moved to reappoint Troy Wheat as a Citizen-at-Large
Representative to the Parking Management Advisory Board for a two (2) year term
ending January 31,2009, seconded by Mr. Fetzer. Upon roll call the Commission voted
as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mr.
Fetzer - Yes. Said motion passed with a 4 to 0 vote.
9.G. AGREEMENT/PAUL CONSULTING. INC.: Consider authorizing the
City Attorney to draft and the Mayor to execute an agreement with Paul Consulting, Inc.
in the amount of $38,700.00 via State Contract #973-561-06-1 for the administrative
services, installation and implementation, including technical support and upgrades, of
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01/02/07
the MuniAgenda (paperless) Software. Funding is available from 001-1411-512-66.10
(General Fund/Software) and 001-1411-512-46.90 (General Fund/Other
Repair/Maintenance Costs).
Mayor Perlman asked what the timetable is for this project. Bob Kinsey,
Account Executive with Municipal Code Corporation (MCCI), stated the longest it would
take would be 90 days. Mr. Kinsey stated typically from receipt of contract to
installation is about 45 days.
Mr. Levinson stated he watched as the School Board agonized through
their MuniAgenda and there was a staff at the meetings to assist seven of them in
navigating through on a regular basis. Mr. Kinsey stated when they go through the
development processes as they are receiving approvals they are hosting on their servers in
Tallahassee. Once they receive the final approval that everything is exactly as it should
be it is still going to be hosted on the servers for at least a week or two weeks depending
on how much time the City Clerk and staff need to work through the software. Mr.
Kinsey stated once they install the software and do the training then they recommend
going through two agenda cycles along with the manual processes and running the
meeting agenda at the same time. He stated once the Commission goes live with the
MuniAgenda then they can have a staff person on-site during that time. Mr. Kinsey
stated the software if very user-friendly and the 20 hours can be used for additional
training.
Mrs. Montague asked for an approximate date of when they would be on-
line. Mr. Kinsey stated if they went to contract tomorrow they would immediately start
work on the product. The product itself is basically a shell and they customize it to fit the
City. The part of the training that the Commission will be getting is not going to be as
intensive because they will not need the same kind of training that the City Clerk and her
staff will need. Mr. Kinsey stated the 20 hours of training is good for one year so once
the new Commission members come on Board he can certainly come back and address
their training needs as well. If more than 20 hours are needed, the City can always
purchase additional hours if necessary.
Mr. Fetzer moved to approve to authorize the City Attorney to draft an
agreement and the Mayor to execute an agreement with Paul Consulting, Inc. in the
amount of $38,700.00, seconded by Mr. Levinson. Upon roll call the Commission voted
as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.H. CHANGE ORDER NO. 7/FINAL (CONTRACT
CLOSEOUT)/ASPHALT CONSULTANTS. INC.: Approve Change Order No.
7/Final (Contract Closeout) in the amount of $141,650.69 and final payment in the
amount of$146,349.71 to Asphalt Consultants, Inc. for completion of the N.W.lS.W. 5th
Avenue Improvements Project. Funding is available from 334-3162-541-65.83 (General
Construction Fund/Capital/NW/SW 5th Avenue - SW 1st to NW).
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01/02/07
Mr. Levinson stated he removed this item and the following four items off
the Consent Agenda because he does not like how far off staff is on both time and money.
He stated he would like to see a plan from staff to see what is going to be done to more
clearly identify scope and create a process by which we end up with much clearer
financial commitments. He stated we are routinely off on dollars and if this is because
we are changing scope then we need to look at why this is happening. He stated each
time there is a project like this (whether it is roadways or a building) staff is amending
days and time dealing with changes of scope and dollars. Mr. Levinson stated if we are
continuing to be this far off on dollars and on time then something is wrong with the
process.
Brief discussion followed between the City Manager and the Commission.
Richard Hasko, Director of Environmental Services, stated he can go back
over the last few years and obtain information regarding what the issues are.
Mr. Fetzer moved to approve Change Order No. 7/Final (Contract
Closeout)/ Asphalt Consultants, Inc., seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson-
Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote.
9.1. CHANGE ORDER NO. 6/FINAL (CONTRACT
CLOSEOUT)/CHAZ EQUIPMENT. INC.: Approve Change Order No. 6/Final
(Contract Closeout) in the amount of $6,276.90 and final payment in the amount of
$51,787.76 to Chaz Equipment Company, Inc. for completion of the Swinton Avenue
Beautification Project. Funding is available from 119-4151-572-60.69 (Beautification
Fund/Capital Outlay/Improvements Other) and 448-5461-538-63.90 (Storm Water Utility
Fund/Other Improvements).
Richard Hasko, Director of Environmental Services, stated this project
entailed much more than Swinton Avenue Beautification and noted that staff added a few
tasks and scopes that needed to be taken care of at the Water Treatment Plant and the
Environmental Services site. Staff added the utility relocation to get a head start on the
garage. Mr. Hasko stated there was quite a number of change orders (i.e. additional
scopes) added to this project to try and expedite preceding of other projects.
Mr. Levinson stated every year the County has a CM RFP and they select
three contractors that are available for any and all capital improvement work. Instead of
adding to these scopes, Mr. Levinson suggested that staff have a list of contracts and this
way there is a list of approved CM selected contractors who are available and can be
assigned work.
Mr. Fetzer stated the Commission talked at one point about having a
Workshop item on discussing Construction Manager (CM) at Risk. The City Manager
stated this is scheduled for discussion on the Workshop Meeting of January 9,2007.
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01/02/07
Mrs. Montague moved to approve Change Order No. 6/Final (Contract
Closeout) in the amount of $6,276.90 and final payment in the amount of $51,787.76 to
Chaz Equipment Company, Inc., seconded by Mr. Fetzer. Upon roll call the Commission
voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes. Said motion passed with a 4 to 0 vote.
9.J. CHANGE ORDER NO. lI(CONTRACT ADDITION)/ROSSO
PAVING & DRAINAGE. INC.: Approve Change Order No. 1/(Contract Addition) in
the amount of $34,815.00 to Rosso Paving & Drainage, Inc. for additional work required
for the parallel parking spaces on Coral Trace Boulevard, and a contract extension of
thirty-five (35) days to the Eagle Park Project. Funding is available from 380-4150-572-
63.23 (2004 G.O. Bond/Other Improvements/Neighborhood Parks).
Mr. Fetzer moved to approve Change Order No. l/(Contract Addition) in
the amount of$34,815.00 to Rosso Paving & Drainage, Inc. for additional work required
for the parallel parking spaces on Coral Trace Boulevard and a contract extension of
thirty-five (35) days to the Eagle Park Project, seconded by Mrs. Montague. Upon roll
call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes;
Mayor Perlman - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote.
9.1(. CHANGE ORDER NO. 3/FINAL (CONTRACT
CLOSEOUT)IWEST CONSTRUCTION. INC.: Approve Change Order No. 3/Final
(Contract Closeout) in the amount of a $33,167.70 decrease and final payment in the
amount of $42,834.38 to West Construction, Inc. for completion of the Mike Machek
Boy Scout Hut Park Project. Funding is available from 380-4150-572-63.25 (2004 G.O.
Bond Fund/Boy Scout Hut Project).
Mr. Fetzer moved to approve Change Order No. 3/Final (Contract
Closeout)/West Construction, Inc. in the amount of $33,167.70 decrease and final
payment in the amount of $42,834.38 to West Construction, Inc. for completion of the
Mike Machek Boy Scout Hut Park Project, seconded by Mrs. Montague. Upon roll call
the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mr.
Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.L. RESOLUTION NO. 1-07 (STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN): Approve
Resolution No. 1-07 adopting the amended Local Housing Assistance Plan for Fiscal
Years 2004-2007 pursuant to Title 67-37 ofthe Florida Administrative Code.
Mr. Levinson stated he sits on the committee that is working with the
County on this and the purpose of this is to comply with State law. He stated State law
has a clear definition that they want everyone to adopt. Mr. Levinson stated the
definition of essential worker from the State, the Federal Government or the County is
not based on any of this but is based on percent of AMI.
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01/02/07
The City Manager stated staff is not necessarily recommending this but
they have asked that it be put before the Commission.
Mrs. Montague commented about the language that was added "housing
related employees and professionals" and when talking about housing she feels it does
not get more fundamental than that. She stated the League of Cities came up with this
language and it was presented to Palm Beach County. Mrs. Montague stated Palm Beach
County adopted the language in their ordinance as well as the City of West Palm Beach.
The City Manager stated this list could be almost endless. Mrs. Montague
stated when talking about housing we are talking about workforce housing and there is
nothing in the language that relates to housing related employees and professionals.
Therefore, Mrs. Montague supports adding this language to the ordinance.
Mr. Fetzer concurs with comments expressed by Mr. Levinson and does
not support adding the language.
Mayor Perlman asked if the City is precluding anyone. The City Attorney
stated the ordinance states "personnel in other industries deemed essential by the City of
Delray Beach government based on the local economy." The City Attorney stated as
things come up over time the Commission can revisit it at certain times.
Mr. Levinson moved to approve the original Resolution No. 1-07,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - No. Said
motion passed with a 3 to 1 vote, Commissioner Montague dissenting.
At this point, the time being 6:55 p.m., the Commission moved to Item
12.A., First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 83-06: Future Land Use Map amendment (small-
scale) from TRN (Transitional) to GC (General Commercial) and rezoning from NC
(Neighborhood Commercial) to GC (General Commercial) for three (3) parcels, totaling
0.843 acres, located at 2703, 2709 & 2715 South Federal Highway. If passed, a public
hearing will be scheduled for January 16, 2007.
The caption of Ordinance No. 83-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM TRN
(TRANSITIONAL); TO GC (GENERAL
COMMERCIAL) ELECTING TO PROCEED UNDER
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01/02/07
THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND PRESENTLY
ZONED NC (NEIGHBORHOOD COMMERCIAL) TO
GC (GENERAL COMMERCIAL) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED ON
THE EAST SIDE OF SOUTH FEDERAL HIGHWAY,
BETWEEN AVENUE "G" AND LA-MA T AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, MARCH 2006"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 83-06 is on file in the City Clerk's
Office. )
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the action requested
of the City Commission is approval of a Future Land Use Map amendment from TRN
(Transitional) to GC (General Commercial) and a rezoning change from NC
(Neighborhood Commercial) to GC (General Commercial) for three individual and
contiguous properties. Mr. Dorling stated the required findings are made in the staff
report with respect to Section 2.4.5(D)(5), Section 3.1.1, and 3.2.2.
At its meeting of December 18,2006, the Planning and Zoning Board held
a public hearing in conjunction with the request. There was no public testimony in
support or in opposition to the proposal. The Board voted 6-0 to recommend approval of
the rezoning and Future Land Use Amendment.
The City Attorney stated there will be a Quasi-Judicial Hearing on January
16,2007.
Mrs. Montague moved to approve Ordinance No. 83-06 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said
motion passed with a 4 to 0 vote.
12.D. ORDINANCE NO. 1-07: Rezoning from RM (Medium Density
Residential) to CF (Community Facilities) for the proposed Community Land Trust
Office, located at 145 S.W. lih Avenue, on the northeast comer ofS.W. lih Avenue and
S.W. 2nd Street. Ifpassed, a public hearing will be scheduled for January 16, 2007.
The caption of Ordinance No. 1-07 is as follows:
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01/02/07
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO CF (COMMUNITY FACILITIES)
DISTRICT; SAID LAND BEING A PARCEL LOCATED
AT THE NORTHEAST CORNER OF SW 12TH AVENUE
AND SW 2ND STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 1-07 is on file in the City Clerk's
Office. )
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a zoning
change from RM to CF for Lot 12, Block 6 Atlantic Gardens, Delray Subdivision to
accommodate the City of Delray Beach Community Land Trust (CLT) office. The RM
zoning district does not allow community centers as either a principal or conditional use,
thus a rezoning application is being requested to change the existing zoning designation
from RM (Medium Density Residential) to CF (Community Facilities). This facility will
complement the Neighborhood Resource Center and will compliment the needs of the
neighborhood.
At its meeting of December 18, 2006, the Planning and Zoning Board held
a public hearing in conjunction with the request. There was no public testimony and the
Board voted 6-0 to recommend approval of the rezoning.
Mayor Perlman stated if this ordinance is passed this evening there will be
a public hearing on January 16, 2007.
Mr. Fetzer moved to approve Ordinance No. 1-07 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said
motion passed with a 4 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
to.
to.A. ORDINANCE NO. 59-06 (FIRST READING/FIRST PUBLIC
HEARING): Privately sponsored Future Land Use Map amendment (small-scale) from
CF (Community Facilities) to LD (Low Density Residential 0-5 dulac) for a 9.00 acre
PUBLIC HEARINGS:
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01/02/07
portion ofthe Christ the King Monastery of St. Clare and rezoning from CF (Community
Facilities) to R-l-AA (Single Family Residential).
1. Request to reduce the minimum lot frontage and lot width
requirements for Lots 20 and 25 within the proposed subdivision at Christ
the King Monastery of St. Clare, Inc., located at the southeast comer of
Sherwood Boulevard and Sutton Place.
The caption of Ordinance No. 59-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM CF (COMMUNITY
FACILITIES); TO LD (LOW DENSITY RESIDENTIAL
0-5 DU/ AC); ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND PRESENTLY
ZONED CF (COMMUNITY FACILITIES); TO R-l-AA
(SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED 125
FEET SOUTH OF SHERWOOD BOULEVARD,
APPROXIMATELY 650 FEET EAST OF MILITARY
TRAIL, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, MARCH 2006"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 59-06 is on file at the City Clerk's
Office. )
The City Attorney read the caption of the ordinance.
Mayor Perlman stated it was pointed out to him earlier this afternoon that
there might have been some differences in the ordinance compared to what was agreed to
when they got together with himself, the neighborhood, City staff, the attorney, developer
and the architect.
Michael Weiner. Attornev with Weiner & Aronson. P.A.. 102 North
Swinton Avenue. Delrav Beach. stated with respect to the ordinance if there were a
change which would for the same six lots that have to be 12,500 square feet in size, add a
provision that they also had to comply with R-l-AAA-B setbacks, the applicant would
agree to that. Mr. Weiner stated his understanding is the first reading/first public hearing
will be held on January 16, 2007 and the second reading/second public hearing will be
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01/02/07
held on February 6,2007 (Quasi-Judicial Hearing).
The City Attorney stated staff cannot make the change this evening and
hold a first reading because this ordinance requires two publicly advertised public
hearings and it has already been advertised. Due to these substantial changes, staff has to
re-advertise the ordinance.
The City Attorney stated this can be posted on the City's website for the
public to review.
Mr. Levinson moved to approve to continue Ordinance No. 59-06 to
January 16, 2007 (First Reading/First Public Hearing), seconded by Mr. Fetzer. Upon
roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes;
Mayor Perlman - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote.
10.B. ORDINANCE NO. 78-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
repealing Section 4.6.7, "Signs", in its entirety and enacting a new Section 4.6.7, "Signs",
in order to provide a single, combined and updated sign code; and amending Appendix
"A", "Definitions", to provide updated definitions relating to signs.
The caption of Ordinance No. 78-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", BY REPEALING SECTION 4.6.7,
"SIGNS", IN ITS ENTIRETY AND ENACTING A NEW
SECTION 4.6.7, "SIGNS", IN ORDER TO PROVIDE A
SINGLE, COMBINED AND UPDATED SIGN CODE;
AMENDING APPENDIX "A", "DEFINITIONS", TO
PROVIDE UPDATED DEFINITIONS RELATING TO
SIGNS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTNE
DATE.
(The official copy of Ordinance No. 78-06 is on file at 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.
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01/02/07
Paul Dorling, Director of Planning and Zoning, stated this is a City
initiated amendment to the LDR's to accommodate revisions to the sign code. Recent
case law from the Eleventh Circuit Court has found that the regulation of signage cannot
be based on sign content. The proposed amendment is a complete rewrite of the sign
code to eliminate any references to regulations pertaining to sign content. The code has
also been rewritten to be more user friendly; additional language has been added to define
"flags" and "noncommercial signs;" and definitions have been deleted for
"Construction/development sign" and "political sign".
At its meeting of November 20, 2006, the Planning and Zoning Board
considered the text amendment. No one from the public spoke on the amendment. The
Board discussed the ordinance and voted 4 to 0 (Eliopoulos, McDuffie and Halberg
absent) to recommend approval. This was considered by the City Commission on First
Reading on December 5,2006 and at that time approved.
Mayor Perlman declared the public hearing open.
Alice Finst. 707 Place Tavant. Delrav Beach. asked why is this
happening now, what the purpose of this ordinance is and what is this going to do for the
public. She expressed concern over the signs on the fences of new developments and
stated they are becoming hundreds of feet of advertising. Mrs. Finst stated whether or
not those signs are permitted is going to be at the jurisdiction of the Sign Inspector and
she does not feel the responsibility should be placed on the Sign Inspector.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 78-06, the public hearing was closed.
Prior to the vote, Mayor Perlman stated to his understanding this is
precipitated by recent case law that is requiring the City of Delray Beach to rewrite the
sign code.
The City Attorney stated this is in response to the latest court case and
staff has tried to remove references to content as much as possible. She stated that staff
has also strengthened the severability language in the ordinance.
Mr. Levinson moved to adopt Ordinance No. 78-06 on Second
Reading/Second Public Hearing, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer
- Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
to.C. ORDINANCE NO. 79-06: Privately initiated rezoning from GC
(General Commercial) to AC (Automotive Commercial) for a 6.28 acre property
(formerly the Ralph Buick Dealership), located at the northeast comer of South Federal
Highway and Fladell's Way. (Quasi-Judicial Hearing)
The caption of Ordinance No. 79-06 is as follows:
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01/02/07
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED GENERAL COMMERCIAL (GC) DISTRICT TO
AUTOMOTIVE COMMERCIAL (AC) DISTRICT; SAID
LAND BEING A PARCEL LOCATED AT THE
NORTHEAST CORNER OF SOUTH FEDERAL
HIGHWAY (U.S. HIGHWAY NO.1) AND FLADELL'S
WAY (AVENUE "F"), AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACH, FLORIDA, "MARCH 2006"
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 79-06 is on file at 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.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Michael Weiner. Attornev with Weiner & Aronson. P.A.. 102 North
Swinton Avenue. Delrav Beach (representin2: the Applicant). introduced Mr. David
Ross who had some things occur recently and therefore is requesting a thirty (30) day
tabling.
David Ross. Applicant. stated someone has presented him with
something between Christmas and New Year's and would involve the zoning as it
currently is. Mr. Ross requested a thirty (30) day tabling of this ordinance.
Mr. Fetzer moved to approve to continue to February 6,2007 at 7:00 p.m.,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said
motion passed with a 4 to 0 vote.
lO.D. ORDINANCE NO. 82-06: City initiated amendment to the Land
Development Regulations (LDR) amending Section 4.3.3(I), "Community Residential
Homes and Group Homes" to provide that a Type 1 group home shall not be located
within 1,000 feet of another Type 1 group home or a community residential home.
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01/02/07
The caption of Ordinance No. 82-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING SECTION 4.3.3(1), "COMMUNITY
RESIDENTIAL HOMES AND GROUP HOMES", OF
THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRA Y BEACH, FLORIDA, BY
PROVIDING THAT GROUP HOMES, TYPE I SHALL
NOT BE LOCATED WITHIN A RADIUS OF 1,000
FEET OF COMMUNITY RESIDENTIAL HOMES AND
CHANGING ALL REFERENCES OF OCCUPATIONAL
LICENSE TO BUSINESS TAX RECEIPTS IN ORDER
TO COMPORT WITH RECENT CHANGES IN STATE
LAW; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 82-06 is on file at the City Clerk's
Office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a City
initiated amendment to the LDR's to accommodate revisions related to Community
Residential Homes and Group Homes. The proposed amendment is required to bring the
section dealing with Community Residential Homes into compliance with changes in the
Florida Statutes. The Florida Statutes were amended to add the requirement that
Community Residential Homes with six or fewer residents not be located within 1,000
feet of another Community Residential Home.
At its meeting of November 20, 2006, the Planning and Zoning Board
considered the text amendment and voted 4 to 0 (Eliopoulos, McDuffie and Halberg
absent) to recommend approval. At its meeting of December 5, 2006, the City
Commission considered the text amendment and recommended approval.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 82-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 82-06 on Second and
FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman -
Yes. Said motion passed with a 4 to 0 vote.
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01/02/07
to.E. ORDINANCE NO. 80-06: Amendment to the Land Development
Regulations (LDR) Section 2.4.5 "Procedures for Obtaining Development Approvals"
and Section 2.4.3(K) "Fees" to create an application process for in-lieu of parking and
public parking fee requests.
The caption of Ordinance No. 80-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 2.4.3(K), "FEES", SUBSECTION
2.4.3(K)(1), "DEVELOPMENT APPLICATIONS";
AMENDING SECTION 2.4.5, "PROCEDURES FOR
OBTAINING DEVELOPMENT APPROVALS", BY
CREATING SUBSECTION 2.4.5(0), "IN-LIEU OF
PARKING AND PUBLIC PARKING FEE REQUEST;
BY CREATING A PROCESS FOR THE REVIEW AND
APPROVAL OF IN LIEU OF AND PUBLIC PARKING
FEE REQUESTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTNE
DATE.
(The official copy of Ordinance No. 80-06 is on file in the City Clerk's
Office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated currently in-lieu of
Parking and Public Parking Fee in-lieu requests are processed in conjunction with Class
III or greater site plan modifications. A Class III site plan modification requires
submission of a survey of the property, site plan, landscape plan, engineering plans and a
fee which starts at $525. These expenses are incurred by an applicant before he has any
assurance that he will be approved on an in-lieu fee. Mr. Dorling stated this is an attempt
to create an application which does not require all the costly items and requires a basic
sketch plan and reduced fee and then someone can go forward and get an assurance that
they will get the in-lieu fees. After that time, the reduced fee is credited to a Class III if
they are approved. Staff believes this is a better process for people to go through without
expending money that might needlessly do. Mr. Dorling stated this does meet the
requirements ofLDR Section 2.4.5(M)(5).
At its meeting of October 24, 2006, the Parking Management Advisory
Board (PMAB) unanimously recommended approval of the proposed text amendment to
create an in-lieu parking and public parking fee application process; at its meeting of
November 20, 2006, the Planning and Zoning Board voted 4-0 (Eliopoulos, McDuffie
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01/02/07
and Halberg absent) to recommend approval of the proposed text amendment to create an
in-lieu of parking and public parking fee process and association application fee.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 80-06,
the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 80-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes.
Said motion passed with a 4 to 0 vote.
10.F. ORDINANCE NO. 81-06: City initiated amendment to the Land
Development Regulations (LDR) amending Section 1.3.8, "Reconstruction Necessitated
by An Act of God", to add provisions for the reconstruction of lawful nonconforming
commercial structures damaged or destroyed by an Act of God.
The caption of Ordinance No. 81-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING SECTION 1.3.8, "RECONSTRUCTION
NECESSITATED BY AN ACT OF GOD" OF THE
LAND DEVELOPMENT REGULATIONS BY
AMENDING SUBSECTION 1.3.8 (A) TO PROVIDE
FOR RECONSTRUCTION OF LAWFUL NON-
CONFORMING COMMERCIAL AS WELL AS
RESIDENTIAL STRUCTURES AND PROVIDING FOR
DEFINITION OF COMMERCIAL STRUCTURE,
PROVIDING FOR RELETTERING AND
RENUMBERING; PROVIDING A SAVINGS CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 81-06 is on file in the City Clerk's
Office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a City
initiated amendment to the LDR's to add the provision that lawful nonconforming
commercial structures and structures containing nonconforming commercial uses may be
rebuilt when reconstruction is necessitated by an Act of God. The purpose of this City
initiated LDR text amendment is to expand the provisions in the LDR's for the
reconstruction of nonconforming structures damaged or destroyed by and Act of God to
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01/02/07
include commercial structures.
The proposed amendment is generally consistent with and furthers the
Goals, Objectives and Policies of the Comprehensive Plan. However, pursuant to Coastal
Management Element Objective and Policies, the reconstruction of nonconforming
structures within the Coastal Planning Area destroyed by a natural disaster is limited to
residential, hotel, motel and resort dwelling unit structures. Therefore, a Comprehensive
Plan Text Amendment will be required before the new provisions are effective within the
Coastal Planning Area. This text amendment will be added to Comprehensive Plan
Amendment 2006-1 prior to adoption by the City Commission.
At its meeting of November 20, 2006, the Planning and Zoning Board
considered the text amendment. Art Taylor, who owns property in the 600 and 700 block
of North Federal Highway, spoke in favor of the amendment. The Board discussed the
ordinance and recommended approval with a 4 to 0 vote (Eliopoulos, McDuffie and
Halberg). The City Commission considered the text amendment at their December 5,
2006 meeting and recommended approval.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 81-06,
the public hearing was closed.
Prior to the vote, Mayor Perlman stated this is good public policy and
thanked the Planning and Zoning Board.
Mrs. Montague moved to adopt Ordinance No. 81-06 on Second and
FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer-
Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:24 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
11.A.
City Manaeer's reSDonse to Drior Dublic comments and inauiries.
The City Manager had no response to prior public comments and
mqumes.
11.B.
From the Public.
11.B.1. Michael Weiner. Attornev with Weiner & Aronson. P.A.. 102 North
Swinton Avenue. Delrav Beach. speaking on behalf of the Caron Foundation (located in
Delray Beach, Florida), stated the City Commission will be considering some other
ordinances that have been circulating some of which affect the recovering population.
Mr. Weiner stated any additional regulation in this area with respect to this particular use
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01/02/07
is not necessary. He hopes that the City Attorney will determine that no additional
ordinances should be passed regulating this industry.
1l.B.2. Cara Sansonia. Attornev reuresentin2 Wellness Resource Center
(urovider of treatment services for recoverin2 alcoholics and substance abusers).
350 Camino Gardens Boulevard. Boca Raton. stated on December 12, 2006 she
addressed the Commission with respect to Ordinance No. 76-06 stating that they believe
it is an unnecessary regulation. Ms. Sansonia stated she is hoping when the Commission
reviews this ordinance they will agree that it is not necessary and will not appear on the
Agenda again.
At this point, the time being 7:26 p.m., the Commission moved back to
Item 12.C., First Readings.
12.C. ORDINANCE NO. 3-07: Future Land Use Map amendment (small-
scale) from County LR-l (Low Density Residential 1 dulac) to City LD (Low Density
Residential 0-5 dulac) and rezoning from County AR (Agricultural Residential) to City
R-l-AA (Single Family Residential) for a 0.72 acre property located at 2200 Lake Drive.
If passed, a public hearing will be scheduled for January 16, 2007.
The caption of Ordinance No. 3-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSNE PLAN FROM COUNTY LR-l (LOW
RESIDENTIAL 1 DUlAC); TO LD (LOW DENSITY
RESIDENTIAL 0-5 DUlAC); ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AND REZONING AND PLACING
LAND PRESENTLY ZONED COUNTY AR
(AGRICULTURAL RESIDENTIAL) TO R-l-AA
(SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED AT
THE NORTHWEST CORNER OF LAKE DRNE AND
NW 22ND STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 3-07 is on file in the City Clerk's
Office.)
The City Attorney read the caption of the ordinance.
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01/02/07
Paul Dorling, Director of Planning and Zoning, stated the subject property
is 0.72 acres located at 2200 Lake Drive. The property was formerly in the City of
Boynton Beach and was de-annexed by Boynton Beach. The property was then annexed
by the City of Delray Beach on September 19, 2006 by Ordinance No. 44-06. At that
time, the ordinance also included a small scale amendment and zoning designation as
proposed. However, the State of Florida Department of Community Affairs (DCA) has
objected to this part of the ordinance as it was enacted prior to the adoption of the
Evaluation and Appraisal Report (EAR) which was October 23, 2006. Therefore, at this
time staff is re-adopting the small scale amendment and zoning portion of this original
application.
At its meeting of August 21, 2006, the Planning and Zoning Board held a
public hearing in conjunction with the requests. There was public testimony in
opposition related to traffic increase and concerns that future development could include
a zero lot line development. After reviewing the proposal, the Board voted 6 to 0 to
recommend approval based upon positive findings.
Mr. Fetzer moved to approve Ordinance No. 3-07 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
12.D. ORDINANCE NO. 4-07: Future Land Use Map amendment (small-
scale) from County LR-3 (Low Density Residential 3 du/ac) to City TRN (Transitional)
and rezoning from CG/SE (Commercial General/Special Exception) to City zoning of
SAD (Special Activities District) for a 0.99 acre property to be known as Robotic Space
Savers located at the southwest comer of Conklin Drive and Military Trail. If passed, a
public hearing will be scheduled for January 16,2007.
The caption of Ordinance No. 4-07 is as follows:
THE ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSNE PLAN FROM COUNTY LR-3 (LOW
RESIDENTIAL 3 DU/ AC); TO TRN
(TRANSITIONAL), ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND PRESENTLY
ZONED COUNTY CG/SE (COMMERCIAL
GENERAL/SPECIAL EXCEPTION) TO SPECIAL
ACTNITIES DISTRICT (SAD) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED AT
THE SOUTHWEST CORNER OF CONKLIN DRNE
AND MILITARY TRAIL, AS MORE PARTICULARLY
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01/02/07
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 4-07 is on file in the City Clerk's
Office. )
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is 0.99 acre
property that has a County CG/SE (Commercial General/Special Exception) zoning
designation. The property was annexed into the City of Delray Beach via Ordinance No.
5-06 on July 25, 2006. This ordinance included a small scale FLUM amendment and
zoning. However, the State of Florida, Department of Community Affairs (DCA) has
objected to this part of the ordinance as it was enacted prior to the adoption of the
Evaluation and Appraisal Report (EAR).
The Special Activities District (SAD) is a unique zoning district which
requires submittal of a development plan concurrently with the establishment of the SAD.
On May 24, 2006, a site plan was reviewed and denied by the Site Plan Review and
Appearance Board (SPRAB). On July 25, 2006, the City Commission approved
Ordinance No. 5-06 annexing the subject property into the City of Delray Beach, and
during this same meeting the Commission heard the appeal for Robotic Space Savers and
overturned the SPRAB denial of the Class V site plan, landscape plan, and architectural
elevations. Positive findings for these actions were made by the City Commission at this
meeting.
Mrs. Montague moved to approve Ordinance No. 4-07 on FIRST Reading,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said
motion passed with a 4 to 0 vote.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.
City Manae:er
The City Manager wished everyone a Happy New Year.
13.B. City Attornev
The City Attorney wished everyone a Happy New Year.
13.C.
City Commission
13.C.1.
Mr. Fetzer
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01/02/07
Mr. Fetzer asked the Planning Director to give an update regarding the
historic guidelines. Mr. Dorling stated those are being considered by REG and staff has a
meeting with them tomorrow to go over their timeframes. However, staff stated they
have indicated that sometime after the January 16, 2007 meeting they will have their
work finalized and staff is talking with them about giving the Commission a summary of
their results at the City Commission meeting, the Planning and Zoning Board meeting
and the Historic Preservation Board meeting.
13.C.2.
Mrs. Montae:ue
Mrs. Montague stated Mrs. Pompey is doing very well and she is open to
company and telephone calls.
Secondly, she stated First Night was an incredible success.
I3.C.3.
Mr. Levinson
Mr. Levinson commented about an article entitled "Blackout Big-City
newspapers aren't telling citizens the things they need to know" in the December 2006
issue of Governing Magazine.
Mr. Levinson congratulated Erika Slife from the Palm Beach Post on her
engagement.
He stated he had the opportunity to eat at the Gol! Restaurant located at
411 East Atlantic Avenue (formerly Jimmy's Stone Crab) and the food was spectacular.
Mr. Levinson commented about a letter from the City of Riviera Beach
which asked for the support of Delray Beach in their problems with the County and the
State. The City Manager stated he forwarded this letter to the Commission to see if they
wanted to act on it. Mr. Levinson stated he feels the City should support because it
potentially has an impact on the city because it involves TCEA (Transportation
Concurrency Exception Area). He stated the County has tried unsuccessfully several
times to change the TCEA language and feels it is bad practice for them to start using it
as a zoning tool. Mr. Levinson stated he would like to see the City of Delray Beach come
up with something to support the City of Rivera Beach effort.
He stated RTA (Regional Transportation Authority) sent the City of
Delray Beach a letter regarding redevelopment of the County's property and the letter
states "funding may be available to help meet these anticipated parking needs." He
suggested that the City submit an application for this very soon.
Mr. Levinson stated he read the USGA Golf Green and noted the things
that were the most important were (1) budget money for Lakeview and (2) need
additional effort in the non-green areas.
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01/02/07
He stated Mr. Tony Samra, Professor of Technology at Nova Southeastern
University, who completed the Residents Academy, suggested that the City of Delray
Beach consider a Technology Committee. Mr. Levinson stated the School Board has
TAC (Technical Advisory Committee) which is an unofficial non-formal effort that
meets quarterly for the purpose of providing input to the staff about what is going on.
Mr. Levinson gave the City Manager Mr. Samra's telephone number and stated he would
like to see us take advantage ofpeople's talent in the community.
Mr. Levinson asked if staff can send a letter to Mr. Mark Behar because he
posted his own press release on the web about a woman (Mary Carey). He stated Mr.
Behar calls himself the Chairman and Chief Judge of the Delray Beach Code
Enforcement Hearing Board. Mr. Levinson stated Mr. Behar needs to be careful about
the way in which he presents himself.
He commented about a map project going on by a private company to do
City maps.
Mr. Levinson stated Delray Beach is in two pages of the Treasure Coast
Regional Planning Council calendar.
He inquired about the status of the language for personnel practices with
regard to discrimination and the effort put forth to consider domestic partners. The City
Manager stated this has been taken care of.
Mr. Levinson stated he likes the Adopt a Park Program and asked if staff
has heard from anyone interested in adopting a park. Mayor Perlman stated the Boy
Scouts are interested in Machek Park. Mr. Levinson suggested that either Danielle or
Alberta in the Parks and Recreation Department could contact people because he feels
this is a great thing for service clubs or little league teams.
Lastly, he wished everyone a Happy New Year and stated First Night was
great. Mr. Levinson extended kudos to the Police Department for all their efforts. The
City Manager stated there were many people from out of town who attended First Night.
Mr. Levinson commented Mr. Bill Morris attended First Night with his daughter, son-in-
law, and grandchildren and was participating to the fullest extent in what Delray has to
offer.
13.C.4.
Mavor Perlman
Mayor Perlman stated First Night (10th year) was the best ever and
commented that a very large crowd came early and many people attended with school age
children.
Secondly, he stated on Friday evening there will be the Muse Awards at
the Harriett Gimbel Theater at City Place. Mayor Perlman stated Delray Beach is being
nominated for an Advocacy Award for the Arts and Culture and commented that this is a
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01/02/07
very nice honor. Old School Square will be attending as well because Frances Bourque
has been nominated.
Mayor Perlman stated he spoke to Mr. Tony Samra who expressed
concern over a code issue and asked that staff look into this. Mayor Perlman stated
Rocky's restaurant has speakers outside late at night (i.e. 1:00/2:00 a.m.) and is creating a
noise issue for people who live in the "Courtyards". Mayor Perlman stated he believes
the police officers can now write citations for things like this.
He stated he wants to ensure that staff sent a letter to Palm Beach County
Commissioner Mary McCarty regarding her funding because the City of Delray Beach
received a verbal commitment that she would take a serious look at the Public Art
Component for Old School Square.
Mayor Perlman commented about the issue at the Boynton Beach Mall
with regard to the gang related shooting. He encouraged the Commission to make
appointments with Police Chief Schroeder to take a look at the videos that are being sold
at area flea markets. Mayor Perlman stated victims of the shootings are ending up in the
trauma center at Delray Beach Medical Center which strains the hospital but also requires
a security response from the Delray Beach Police Department because they are not sure
how the families will react to the violence. He stated even if the incidences are
happening in Lake Worth and Boynton Beach it is affecting Delray Beach. Mayor
Perlman stated there are some concerns with graffiti at La Floranda and he has seen
pictures of graffiti as far west as Orchid View Park and on Andrews Avenue by the
beach. Mayor Perlman stated he would like the City to be proactive on this issue. Mayor
Perlman stated the weaponry these people have is astonishing (i.e. AK-47's). He urged
the Commission to meet with the juvenile detective in the Police Department because he
can give them an overview of what is going on County-wide but also what they are
concerned about in Delray Beach. Mayor Perlman stated there are strategies that are used
across the country and hopes we can take a leadership role on this.
He commented about Scripps venture and stated the Planning staff put
together a great proposal with Boca Raton and Deerfield Beach. Mayor Perlman stated
when it was not awarded to the City of Delray Beach he felt we could go after any cluster
because Delray Beach has a lot to sell. He stated he would like the City of Delray Beach
to create a venture fund and begin to work with the neighboring cities especially on the
Congress Avenue corridor. Mayor Perlman stated he approached Susan Welchel a
couple of weeks ago and she is very interested and he will also contact Steve Abrams
about revisiting this issue. He stated if we work together we have a lot to sell and we
need to do a little marketing ourselves. Mayor Perlman stated he would like to have a
meeting with Randy Welker, Bill Wood, and the City Manager to revisit this issue.
Lastly, he wished everyone a Happy New Year.
There being no further business, Mayor Perlman declared the meeting
adjourned at 7:52 p.m.
- 28-
01/02/07
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 January 2, 2007, which Minutes were formally approved and adopted by the City
Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 29-
01/02/07
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR CANNERY ROW
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
January 2, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the Cannery Row
Project. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection I.
I. WAIVER:
Pursuant to LDR Section 4.6.18(B)(14)(v)(2), a maximum of 4 primary wall colors shall
be used for each building. The applicant has requested a waiver to allow the use of 9
primary wall colors.
Pursuant to LDR Section 4.6.18(B)(14)(v)(3), miscellaneous free standing, wall or
ground mounted appurtenances such as electrical and gas meters,
dumpsters/recycling, trash compactors, gas tanks, air conditioning and communication
equipment shall be enclosed or screened and integrated into the buildings architectural
treatment. The appurtenances shall also be prohibited within the front yards. The
applicant has requested a waiver to allow the installation of air conditioning units
between the townhouses and the public rights-of-way for selected units.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Does the primary wall color waiver request meet all the requirements of 2.4.7(B)(5)?
Yes 4
No 0
1
I'fefll q. B
Does the air conditioning unit placement waiver request meet all the requirements of
2.4.7(B)(5)?
Yes 4
No
o
3. . The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves ~
denies _ the waiver requests to LDR Sections 4.6.18(B)(14)(v)(2) and
4.6.18(B)(14 )(v)(3) subject to conditions contained within the Staff Report.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 2nd day of January, 2007, by a vote of 4
in favor and 0
opposed.
ATTEST:
~~~~
Chevelle Nubin, City Clerk
2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
lAST NAME~IRST NAME~IDOLE NAME NAME OF BOARD, COUNCIl, COMMISSION, AUTHORITY, OR COMMmEE
Perlman, Jeffrey L. Delray Beach City Commission
MAILING ADDRESS THE BOARD, COUNCIl, COMMISSION, AUTHORITY OR COMMITTEE ON
971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY iCIlY Q COUNTY Q OTl-lER LOCAl.. AGENCY
Delrav Beach. Florida 33444 Palm Beach NAME OF POLITICAL SUBDIVISION:
DATE.ON WHICH VOTE OCCURRED MY POSITION IS:
01/02/07 Xl ELECTIVE Q APPOINTIVE
WHO MUST FILE FORM 88
This tonnls for use by any person serving at the county. city, or other local level of government on an appointed or elected board. council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of Interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure In which you have a conflict of interest will yarygreaUy depending
on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUrES
A person holding elective or appointive county, municipal; or'othE3r local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local' officer also is' prohibited from knowingly 'voting on a mea-
sure which Inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or lass of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a -relative* includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-In-law, son-in-law. and daughter-in-law. A -business associate- means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation
. are not listed on any national or regional stock exchange).
*
*
*
*
*
*
*
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting. who should incorporate the fonn in the minutes.
*
*
*
*
*
*
*
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However. you
must disclose the nature of the conflict before rnakingany attempt to influence the decision, whether orally or in writing and whether made
by you'or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WIU BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible tor recording the
minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
PAGE 1
ITEM 9.C
APPOINTeD OFFICERS (continued)
. At CopyOi th& f&mmustbe provided immediStelyta the other mernMrsof the 8'QenCY.
. The form must be read publicly at the next meeting after the.form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You mus,t d~ orally the nature of your conflict in the measure before participating.
. You must complete the form and file it withill'15 aays after the vote Qccurs with the person responsible for recording the' minutes ofthl~
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly arthe next meeting after the form is filed.
DISCLOSURE OF LOCAL OFF,ICER"S, INTEREST
. '.." " -'X"
I,
Jeffrey Perlman
. hereby disclose that on
January 2,
. 200.6.-:
{a)'A measure 'came or w1lfcome before my agency which (Check one)
inured to my Special private gain or loss;
inured to the speclal gain or IO$SoOny business assOCiate.
Diarie" CcH::orina"
)68f inured to the Special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inull)(l.!O:th~;~,~I";j!ilin ,Qr~;of;, i ",
, by
_. ".n;;,~.
- .
" . which
is the parent organization or subsi~i~ry o~ ~ princiJ}al which has re~ired m~.
(b) The ~asurebtlfore, my agency and, the nature of my conflicting interest in thjrmeasure is as follows:
Diane, Colonna, my wife is the Exe'ctitive Directdr of theComInUnity Redevelopment
Agency (CRA). I have a conflict voting ori items that:: directly affect the CRA.
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000
PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
- .Teffrev L. Delrav Beach City Commission
MAlUNG ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY ]QaTY Q COUNTY Q OlliER LOCAl. AGENCY
Delray Beach, Florida 33444 Palm Beach NAME OF POLITICAl SUBDMSlON;
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
01/02/07 ~ ELECTIVE Q APPOINTIVE
WHO MUST FILE FORM 88
this form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of Interest under Section 112.3143. Florida Statutes.
. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also Is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a *relative- includes only the officer's father. mother, son, daughter, husband, wife. brother, sister, father-in-law.
mother-in-law, son-in-law, and daughter-in-law. A *business associate- means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
.
.
.
*
*
*
*
*
*
*
*
*
.
.
*
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorpol'8te the form in the minutes.
*
*
*
*
*
*
*
*
*
.
*
.
*
APPOINTED OFFICERS:
Although you must abstain from voting In the situations described above. you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ~Y ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will Incorporate the fonn in the minutes. (Continued on other side)
ce FORM 8B - EFF. 112000
ITEM 9.D
PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the fonn must be provided Immediately to the other members of the agency.
. The fonn must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must Incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publidy at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
Jeffrey Perlman
, hereby disclose that on
.January 2,
,20~:
(a) A measure came or will come before my agency which (check one)
Inured to my special private gain or loss;
Inured to the special gain or loss of my business associate.
XX Inured to the special gain or loss of my relative. Diane Colonna
inured to the Special gain or loss of
whom I am retained; or
Inured to the special gain or loss of
Is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
,by
, which
Diane Colonna, my wife is the Executive Director of the Community Redevelopment
Agency (CRA). I have a conflict voting on items that directly affect the eRA.
Date Filed
.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURETO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000
PAGE 2
WORKSHOP MEETING
JANUARY 9, 2007
A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to
order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 p.m., on
Tuesday, January 9, 2007.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred B. Fetzer
Commissioner Jon Levinson
Commissioner Brenda B. Montague
Mayor Jeff Perlman
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
Mayor Perlman called the meeting to order and announced that it had been called for the purpose of
considering the following items:
WORKSHOP AGENDA
1. Joint Meeting with the Public Art Advisot;y Board
Sharon Koskoff, Chairman of the Public Art Advisory Board (P AAB) was present and
introduced her Board members: Carolyn Pendelton Parker an Architect and Designer,
Vince Dole, Penny Smith who is Active in the community and the arts, and Kevin Rouse
who just bought a gallery south of Pineapple Grove. Art for the Atlantic Avenue Bridge
Underpass was discussed. Artist Michiko Kurisu a local Delray Beach artist, was
commissioned to do the art work which will be a light panel that changes colors to the waves
of the Intracoastal Waterway, or to music. The cost would be approximately $35,000.
Art in the bus shelter at Old School Square and visions of bus shelter art throughout Delray
Beach was discussed. A kid's art contest was initiated. The winner was Drake Shutt, and
his art work will be displayed at the bus shelter at Old School Square.
It was the consensus of the Commission the art in bus shelters was a great idea. They
complimented the artist for a beautiful rendering; and suggested the bus shelter at Old
School Square be a test shelter for the art work.
The Public Art Advisory board submitted two (2) applications for approval to the Palm
Beach County Grant Program for art projects within the City. Knowles Park and City Hall
were the locations selected. Palm Beach County is offering a $100,000 matching funds of
which the amount per municipality has not been determined.
It was the consensus of the Commission to send out a Call to Artists. This item will appear
on the January 16,2007 City Commission Meeting.
The NE 2nd Avenue Dixie Boulevard Call to Artists will incorporate art into the landscape,
and the landscape being the art. Lighting will be included.
The Public Arts Advisory Board requested that they be considered to submit ideas prior to
any beginning designs, or in early design phases, of any City Projects where an art element
might be integrated. A part-time staff person was also requested.
I t was the consensus of the Commission to include the Public Arts Advisory Board for
future City projects. A request for a part-time staff person would have to be submitted to
the City Manager during budget time.
Mayor Perlman commented on the development phases of the Creative City Collaborative
Board.
2. Alternative Construction Delivet;y Methods
Richard Hasko, Director of Environmental Services introduced Bill Branning, President of
BSA, Corporation, who was present to answer questions concerning the three alternative
methods of construction delivery. Mr. Branning explained the advantages of the three
proposed common project delivery methods; the traditional Design/Bid/Build, the
Design/Build, and the CM at Risk options.
It was the consensus of the Commission the information was great and to allow Richard
Hasko to conduct further research and return with a progress update.
2
JANUARY 9, 2007
3. Presentation on improving Police & Firefighters' Retirement Investment Performance -
Bogdahn Consulting. LLC
Delray Police Officer Charles (Chuck) J eroloman, Chairman of the City of Delray Beach
Police & Firefighters' Retirement System, introduced Joe Bogdahn, Mike Welker and Dave
West from Bogdahn Consulting, LLC., who presented background information concerning
certain asset classes which had been omitted from the overall asset allocation of the Police
and Firefighter's Pension Plan; and, their proposed plan that will enhance the overall
performance of the fund.
It was the consensus of the Commission to widen the playing field of other investment
vehicles and have staff work on the language for an ordinance.
4. Presentation regarding the redevelopment of the Sundy House - John Szerdi
John Szerdi, Architect with Living Designs Group, and Alain Dezii, Project Manager for
Living Designs Group provided a project narrative concerning the main goal of the Sundy
Lane Master Plan of Historical Swinton A venue and the Sundy House to create an adaptive
re-use of historic houses on and near South Swinton Avenue which would result in a clear
identifiable commercial cluster to be known as "Historic South Swinton Avenue". The plan
is proposed to help generate the customer base to fmancially support new enterprises by
responding to the increased demands for amenities and accommodations at the Sundy
House.
It was the consensus of the Commission that restoration of the Historic Swinton Avenue
and the Sundy House was a needed project.
The Commission rescheduled the Tuesday March 6, 2007, City Commission Meeting to
Monday March 5, 2007, to allow for attendance at the Palm Beach County Legislative Days
in Tallahassee.
Mayor Perlman adjourned the Workshop Meeting at 8:49 p.m.
City Clerk
ATTEST:
MAYOR
3
JANUARY 9, 2007
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday,
January 9, 2007, which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above,
this means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
4
JANUARY 9, 2007
WHEREAS, February is designated as black history month and African
Americans have contributed immeasurably to the richness of our dynamic,
multicultural society. They embody our Nation's core values, including devotion to
family, commitment to hard work and pride in their heritage, and have added to every
aspect of our national life; and
WHEREAS, we must bear witness to the progress, richness, and diversity of
African American achievement; and
WHEREAS, the preservation and conservation of African American heritage
and culture is important to our history; and
WHEREAS, an observance of African American achievement has been
recognized since 1926; and
WHEREAS, it is important that we share this celebration of the human spirit
as demonstrated by the traditions and legacies of our African American citizens.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission do hereby proclaim the month of
February, 2007 as
BLACK HISTORY MONTH
and encourage all of our residents to join in this recognition of the accomplishments
and contributions made to our community and country by our fellow African
Americans.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida, to be affixed this 16th day of
January, 2007.
JEFF PERLMAN
MAYOR
~
~.A
MEMORANDUM
TO: Robert A. Barcinski, Assistant City Manager
FROM: Delores Rangel, Administrative Assistant ~
DATE: January 16, 2007
SUBJECT: Project Holiday- City Commission Meeting
BACK&ROUND
Project Holiday launched on October 18 and ended November 10, 2006. The two
packing dates were November 17th and 19th, 2006 where we had over 40 volunteers
helping. This Project was initiated to send care packages to our military men and
women currently serving overseas in conjunction with the City of Delray Beach,
Forgotten Soldiers Outreach and You Are Not Alone, organization. Over 278 care
packages at the cost of $3,591.20 was spent for postage were sent out with many
goodies and much needed items along with letters from our local schools and our
Parks & Recreation after school program children. Of the recipients 7 soldiers were
from our great City of Delray Beach!
We received $3,000 in cash and checks which were used to purchase calling cards
that went in the boxes. It was estimated that over $8,000 in merchandise was
received from the many city departments as well as the community at large. The
response was overwhelming. Numerous calls were received applauding the City's
effort in this endeavor.
We have gotten responses from soldiers that have received the packages who were
very appreciative and thanked us for our generosity and we also received many
thanks from our volunteers for allowing them to help us! It was truly a great event.
In closing, there were so many people that were just so amazing and supportive of
"Project Holiday" and if I have forgotten anyone please forgive me but know that
you are appreciated. My sincere thanks to Commissioner Brenda Montague who
initiated this project and the Mayor and Commission for their unfailing support.
Also many thanks to former Commissioner Alberta McCarthy who is the founder of
"You Are Not Alone" who gives emotional support to local facilities of our troops
who meets once a month to share news, give direction or just friendship. And a
very Special thanks to Mr. Barcinski for all his hard work in making this a huge
success!
~~~~~ -~c\:"..- ,\.~ -~\o\Oi
LOCAL SOLDIERS
1. Major John T. Krusko
143D CSSB
OISV
COB SDEICHER, IRAQ
APO AE 09393
(father is Delray resident)
2. Ryan Wesner
HHC, DIV Special Troops BN, 4ID
TFROCKET
APO AE 09337
(Officer Greg Wesner-DBPD)
3. SPC Andrews, Tiffany
1/5015t MP Co. (HHC, 1BDE, lAD)
CAMP RAMADI
APO, AE 09396
(Aunt is Yvonne Walker-Finance)
4. PFC - SHAFFER, BRANDON
551 MPCO
APO AE 09344
(Grandparents are members ofYANA)
5. CSM - HOWARD DWAYNE B.
365th CSB
APO AE 09331
(Brother ofLt. John Evans - DBPD)
6. LCPBOUHAROUN,ANTOThffi
2nd AABN B CO SCOUT PL T
UNIT 73575
FPO AE 09509-3575
(Diane Packard/Shelly Weil)
7. 2nd LIEUTENANT BENJAMIN HARROW
8-8 CA V LSA ANACONDA
APO AE 09391
(Aunt & Uncle Herbert & Ruth Brofsky/Hamlet)
./
VENDER #
new
CITY OF DELRA Y BEACH
REQUEST FOR CHECK
EMERGENCY OR PICK UP
DATE NEEDED BY: CHECK WILL BE PICKED UP BY:
Next check run Delores Rangel
PAYABLE TO: DATE:
"
FORGOTTEN SOLDIERS OUTREACH, INC. November 28, 2006
ADDRESS
9770 S. Military Trail, Suite B7~249
Boynton Beach, Florida 33436
TAX IDENTIFICATION NUMBER (TIN):
REASON FOR REQUEST ACCOUNT NUMBER: AMOUNT:
Postage. reimbursement of mailing. of . care
packages in support of You Are Not Alone, 001-6311-519-82.22 $1,697.45
Project Holiday October 18 - November 10,
2006 (Packinc dates Nov 17 & 19, 2006)
.
TOTAL AMOUNT OF CHECK: TOTAL:
*One Thousand Six Hundred Ninety Seven Dollars and 45/100-----* $1,697.45
REQUESTED BY: APPROVE~ HEAD:
~, . . 11/2e/c(,
Delores Rancel David T. Harden, City Manacer
. Submission of form with Department Head approval certifies availability of budgeted funds.
PLEASE COMPLETE THE 25-CHARACTER DESCRIPTION BELLOW FOR AlP DATA ENTRY:
Postaae reimbursement
"
,1'
VENDER #
new
CITY OF DELRAY BEACH
REQUEST FOR CHECK
EMERGENCY OR PICK UP
DATE NEEDED BY: CHECK WILL BE PICKED UP BY:
Next check run Delores Rangel
PAYABLE TO: DATE:
FORGOTTEN SOLDIERS OUTREACH, INC. November 20,2006
ADDRESS
9770 S. Military Trail, Suite B7 -249
Boynton Beach, Florida 33436
TAX IDENTIFICATION NUMBER (TIN):
REASON FOR REQUEST ACCOUNT-NUMBER: AMOUNT:
Postage reimbursement of mailing of care
packages in support of You Are Not Alone, 001-6311.:.519-82.22 $1,893.75
Project Holiday October 18-November 10,
2006
'.
TOTAL AMOUNT OF CHECK: TOTAL:
*One Thousand Eight Hundred Ninety three Dollars and 75/100-----* $1,893.75
.
REQUESTED BY: APPROVED BY DEPARTMEpEAD:
. ,e~Ard. ~.. ..~ II/tl/Of,
Delores Rangel David T. Harden, City Manaae!" .
Submission of form with Department Head approval certifies availability of budgeted funds.
PLEASE COMPLETE THE 25-CHARACTER DESCRIPTION BELLOW FOR AlP DATA ENTRY:
Postaae reimbursement
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Forl_1I loldlers' Oatr..., Inc.
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. Project Holiday 2006
Special Packing sponsored by City of Delray Beach and You are Not Alone
Thank You 'Contact Us
We appreciate all responses from those who
receive our packages! With your permission, we
would like to post your correspondence on our
web site, under the ~~soldiers speak" link. Photos
are also welcome and may be posted in the "photo
gallery".
You are receiving this package as a token
of our appreciation for your dedication to serving
our country and to brighten your day! The City of
Delray Beach, "You are Not Alone" and
Forgotten Soldiers Outreach, Inc. organizations
team up for "Project Holiday" by holding a
collection drive of much needed items for ol,ll'
military men and women overseas to be delivered
in time for the holidays. Very generous amounts
of donations have come in to the City of Delray
Beach's drop off locations, as well as monetary
donations.
Project Holiday has been initiated by
Commissioner Brenda Montague in cooperation
with Alberta McCarthy, founder of "You Are Not
Alone" and with Forgotten Soldiers Outreach.
The City of Delray Beach Support
group, "You Are Not Alone" is a local group of
families who have family members serving
overseas; many in conflict areas. Forgotten
Soldiers Outreach has taken this program under
it's wings two years ago.
This special Project Holiday Packing
Event was held on November 17th with many City
employees, City residents and The Key Club of
Park Vista High School participating from 6PM-
8PM and on November 19th from 2PM-4PM with
the participation of City Officials.
The following Delray Beach schools participated
in letter writing to our soldiers to go in these care
packages: Village Academy, Trinity Lutheran 4th
Grade Class, Pine Grove After School Program
Carver Middle School, Atlantic High School,
Milagro Center, Beacon Center at Village
Academy, Trinity Lutheran Youth Group,
Pompey Park After School Program, Delray
Beach Community Center.
It is truly a pleasure to see a city and its' residents
of Delray Beach pull together to show their
support of our U.S. Servicemen and women
serving overseas!
Mailing address:
Forgotten Soldiers Outreach, Inc.
9770 S. Military Trail, Suite B7-249
Boynton Beach, FL 33436
E-~ail:
Lynelle@forgottensoldiers.org
Our website:
www.forgottensoldiers.org
Mailing address for the City of Delrav Beach:
Delray Beach City Hall
100NW 1st Avenue
Delray Beach, Florida 33344
Message from the Founder
What a wonderful feeling to have a City, such as
Delray Beach and You are Not Alone to join our
efforts to send you care packages full of goodies,
love and encouragement.
This special sponsored packing event, called
"Project Holiday" is for YOU!
FSO will hold their official Holiday Packing event
on December 2nd!
Happy holidays! Stay well and safe and know that
you are not forgotten! Remember, we are there for
YOU!
Warmest Regards,
Lynelle Sue Chauncey,
President and Founder
"Don't Forget the Soldiers"
www .for~ottensoldiers.org
- -0- - -- -
Rangel, Delores
From: Beardsley, Danielle
Sent: Wednesday, November 08,20063:06 PM
To: Rangel, Delores
Here was my last minute try to Parks
I found the photo in the newspaper today
From: Beardsley, Danielle
sent: Wednesday, November 08,20062:27 PM
To: Parks & Rec./ All Users
Subject:
Thou...,ds of 14141.", won't have this over the hol.idaysl
f';'::;~~~~~c'''' ""''''
Help easelhepa'ir,'fi{mc:!lkrng adOnafi6h'fBfProject Holiday. Last day for Donations is Friday, November
10th.
For a list of items to donate click here: http://www.mydelraybeach.com/Delray/News/Delray+Delivers.htm
You don't need to spend a lot of money. The dollar store, Wal-Mart, target, and k-mart are great places to
shop cheap! If you have old holiday cards from last year, write a special message inside for a soldier.
Please help make someone's holiday special!
Danielle Beardsley
Marketing/Special Events Coordinator
bearclslevd@mydelraybeach.com
www.MyDelrayBeach.com
11/8/2006
1 " ,....- .
'Sun-Senti~!~:~y, Novembr20 2~06 ";
The City ,of Delray
Beach and Forgotten
Soldiers Outreach
.. . " ,', " , . ,
orgam~atlons teamnp
for 'ProJect .,HoIi~ay'
TIe City of IJeJnw "
. 'Beach,"Youare Not .
, ' " Alone" and Forgotten
'Soldiers Outreach Inc.
organizations teani up for
"Project HolidaY' .
OnNov. 19, from 210 4 .
p.m., manyD~ Beach
city officials partic4>ated in
'packing,eare packages to
benefit lllili:auymenand
=~~~
.~jeCt~oli~~
been, ii1itiated by' ,'';''
, COIltiiililslonerBrerida ~.
I MOl)taguein cooPeraPori
With~rta'MCCarthy,_
folinder of "You Are Not
Alone" and with FriIgotren
Soldiers'Outreach. .
, "Y,ou Are NotAlorie~ is
a local group of families
. who have family members
serving overseas; many in
conflict~. They meet
thefouttli.Thursd8.Yof . .
every mon1;hat appr'oxi;;'
. mately6:30'p.m., at the
CommWl,ity CJenterto,share
news of their loVed ones
'. ahd topl;ovitte!(m1Qtiori8l
SUPPort to each other. If
youhave-sbmeoneserving
overseas,' you.are wel-
comed ahdenCQ1;U'8ged to
attend.
. ',Forgotten Soldiers
, Outreach Inc. is a local
nonprotit:~rporation dedi-
cated to sending ~ ~k-
ages of needed items ,to our
troop~. OVerseas. The 9itY
of Delray Beach is an active
supporter of these group
programs;
For more information on
YouAre NotAlone, call
561-243-7010. .
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for soldiers overseas. ' .. ....
~. The packages' renundsoldiers such as
Andrews that th~y are appreciated ai1d're-
memberedciuringatiiIie \vhen they miss
_.family aIldfriei1ds the most. . ....' "
"lfs not ,so much the content, it's the ·
~YOIANNASMfTH " .. connectipn;" Walker said. "The greatest
'Palm 'Be.qch Pos! 8.tailWriter ' thing<i'ls,getting something from home to .
DELRA.YJ~fu\CH -:TiffailyAndrews, r,nakeita little better. YouVegotcontact
thought she would' behoine forChrlstmas. from this world that You would love to be a
Tne,21-year-old weht straightintothe , part of." C . " ...' ".,
. u.~.ArmJ\af!ergraduating fro1)1 Atlantic . ,~gerS da~h~er, Meliss!l; 'serves in '
HJgh Schoollfl'~OO:J.~ Sp,e left thecoJUfort~eguntyforces mthe US. Air Force',and
ofthis quaint,bea<:htown~ servein'the . . has serveq in Iraq three times. She ended
..' riiilitarypolice in war-rorn placestht011gh~ . bet'most tecenttotir hi September. .
outIraq. . .c, ., '. '; .'.' ' .'... . .' .' Thiststhefirsttimeinfouryearstl:1af.
'. .NowinRamadi, she was told she'd re"' MelissawiUbe home for the. holidays. :
tUrrito her !aniilybefote theholid~ysj just Herpreseric~doesn'tmake l;1ermother
in timetodecorate a free and be ar01ind . "IJorgetal.>otlt the soldiers still overSeas. She
thiimo:st imPortaritpeopleinher ute; .But makes her remember them'more. . ....... ',. " ,
.,4erstayh~sbeen~1Cten.ged foU[ 1p9I!tllS, . . "Ikn<m' 911rtroops h(tve such a tough
anditrtladehetwanttocMCeICllrisrtnas.: ijfi1~;~specia1ly dtiring',theholid~lYs.'. .
.', ."She~ devaStated~ Sl1e's saying, 'It'sSOIl1etimesthey don'feven reali2eit's, a. _ ..
just ~mothet day,'" saidh~r aunt, Yvonne "l1oliday,"Rangelsaid. ~We justwant to say; '.
Walker. "But lin' encoUraging her to.still . 'Thank YOUi and we want you . home soon.'''.
. ~ce~ebrateJ~.l~onvi!lced ~ere.v~n if'she . " R.W.8'el isJooking for localswhos.eloved
~s the tvviri!ditlg lights~ lt11 brigp.~~ " {)I!es,cu:e.oyerseas. She'sJoundfourJust .
thingsup'~i"':.,.c,.'~.,;,< thi~We~}{; ,"/:, ~c:; ;'" ..... 'F . .... ....... ... .
.' AIl(irews'iarirlly Plans W'ship Cl11'ist:, . . Tl1e gTpup works closely witll'FOrgot-, recelv:ed 27new:na1lies." '. . '.' . '.. . .., ,
. )ria~~h~tpY,Way.qfcare~p;,lC1nW~si,sfi(t#,ed, ten sp~~iefS Outreach, a nonprofit group , ThoUghYOi:11\reNotAlonewill finish'..
with go(;>die~; '.' ..' , ;' '. '.' >~":, .(:re~~"l>YWellii1gton resident LyneUe; . its 4QIid;8Y drive on Noy. 10, Donaqons will
,<-;L9~.!supp~rtst9upsJ{)t ;fa.riii1;y-pi riiili: .C~aU1.idey; Forgotteri Soldiefsjs providii1g:': J( be. accep~d.for the FOrgQf!en Soldiers'
.tary p~~s.onn~t~~~r~e.as,~~tobJ1ghtenl ':a !~,st:lo,~n~el of almost 400,ml;l1an~' :'. . dhve unttltfov. 36:and holiday packages
many more faces,thishq~Qay,~e~S9n{, .V\70m~nfr0m~altover the cquntrystl!ltioned will ,be shipped Dee. 4.- ,
. . Walk'eris,atne~bEl(QfYotl,~Not' '. . ....qyers~~,Jttised to bethatJamily and. , ';Peqple have. to remember we have
Alone, agrci1,lpcfeated .by-DeloTes R8i!gel .' ,friend~registered the .service persorme,l. service.then 'arid W9lhen. that are thou- '.'
. . and f()rm~r9ity.6o,ri11nissionerAlberta .' Jor.ca~pa:ckages.pu~ Chauncey-said that .'. . sai).,dsQfqtil~S~a.}V3.y;$erying{Qtircou~try,"
McCarthy,. whiCh iste~ng;up' withclty . 'dtir,jngtlte p~~tt:W()yelU's~.~c~ally;ithe'... ...., ),P~1:ltinGer~aid.,~'We'11~ve;fuil~t!themJrnQw
Of.I?et~:Y'Beach'empto~~'forr-roject". . 's9ldi~rs'~e re~teti~!p~pia~tv-e~.'<,;" ...."'~e~~#no,t,i.4~~~?';-r~.,tr-,.>:' .' ...; "', .
.' Iioliday. They are collectmgkt}~ck:tm~ks' ".;~'lt's vetysad/1 SheSal(t~Thls,w.eekwe .~n~l)na:...~tlljtfj@,p '.-- '.QrjI,,:.>: X',.:
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-. · ... - '~.~__ .:.,-';. '-.__~'~__-:..._-"1t..,- _ ' " . ','_ _ _ ,
, " . '.. ", '. -,.
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~ ' . - :',' . ' , " . - -, '-, .. " " . - '.
paCl~dge..sthatwill besent:t{J. '
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"I'; ". , 'itHEPALM BEACH POST . FRIDAY, NOVEMBER3,2006 .
. .' . ". , . \..
'Thegreatestth'lnglsgettlng something,
. from home to make Ita little better.'
,YVONNE WALKERJiffany Andrews/aunt
. Mellss.a Rang.'
. .
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~ ~ CD ::f: C" ..... m s:: . ~ ..... ~Po 0 ~. Q,.'t:I CD't:l 0'
g '? a (). ~ ;-+ (') g ~ ~ fIl = m ~ Po 0 = ~ ~ g~ a $I) g.
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.' Items can be dropped off At the following loca-
tions through Friday:.
. Delray Beach City Hall (100 NW First Ave.) .
Last we~~, Forgotten . Delray Beach Comm~~ Cep~e~, ~~O-NW first
Soldiers receiVed a large Ave.) .' . .' '.' ... - - .
shipment of shoe insoles . Veterans Park (802 NE First St.)
from Best Sole, a company . Pompey Park and Pool (1101 NW Second St.)
based in Boynton Beach. . "505" Teen Center (505 SE Fifth Ave.)
Sam O'Neal, a sales man- . Delray Beach Tennis Center (201 W. Atlantic
agel' with Best~ole, said. Av~).; .'- .'. ........
the. . total'd()nationof" .," .e".'DeIrily 'Beach Municipal Golf Course (2200
insoles will top $500;000. -tlighiandAve.) . . . .... . '. ..... ..
Helen Saucier,~e ware- ....:Ot,eater Delray Chamber of COmmerce (64 A
house . manager for. SEFifth.Ave.) ,'. ..' - ..... '.' . '. .. ...... .' -
. Forgottene,.S:Oldiers, . ,said ;, -'-'-;.';.DeIraY';~ch Public UbnUy(100W. Atlantic
the .donations have been Ave.) .
coming . in steadily since
2003. She.said-she works
'hard making sure food
. itemS aren't expired. and
that she organizes every-
thing. so it can be sent
throughout the world in a
. timely manner.
"I keep.. the receiving
~d check expiration
dates," Saucier said.
Madeline Hincken, a
volunteer. warehouse
attendant, said the group is
in need of monetary dona-
tions. "We need money for
postage because the gov-
ernment doesn't pay
postage," she said.
Her' husband, Al
Hincken, said he could
. . also use the donation of a
vehicle to drop off and pick
up items. He uses his
Volkswagen Jetta, which
requires that he make
__ SOLDIERS
CONTINUED FROM PAGE 3
.
order made.. paylible'to
Fprg()tt~ . . '. . . S~()lcUers.
OUtreach Inc.).. to: city.. of
DelraYBeach,c/Q Delores
Rangel, JOONWFirst Ave., .
Delray Beach, FL. 33444.
For information or to.
register a soldieI;call 561-
243-7010 or visit wwVi.for-
gottensoldiers.org
numer()us mps, He said
driVirigto get iteIIlS from;
Jupiter to Fort Lauderdale
has . taken a toll on his
vehiCle.
, He said he would appre-
ciate a donated van oil
which he could paint an
advertisement. "
"Right now 'I use my
own Jetta and stuffit with
boxes," AI Hincken said.
He, .'. said . ForgotteIl.
. $oldiersc()tildalways use
.' more' volunteers' an.d' that
'theSQldie.rscould alwayS
use' more support.
"They are in need.of 0\11'
spiritual and .eIIlotioIlal
support. 'They" need to
know we care . about .'.
them;" AI Hincken said. .
Monetary dooi\tions can
1?~ sent (check or money
",
David Dipinocan be
reached at dddip~no@
tribune. com.
.
DaRA Y BEACH
Projert Holiday collects
items to send to troops
Families of soldiers serving
overseas are collecting items to send
to militaty men and women for the
.upcoming holidays.
Project Holiday Will take place
Wednesday through Frid1lY, with .
collection boxes throughout Delray
Beach. Residents are asked to drop off
iteqIS such as snack foods, batteries,
hand lotion, hygiene products, DVDs
and phone cards. Check or money
order clonationsalsowillbe accepted.
The collection centers are: Delray
Beach City Hall, 100NW FirstAve.;~
Public library, 100 W. Atlantic Ave.;
Community Center, 50 NW First Ave.;
Veterans Park, 802 NE First St.;
Pompey Park, 110INWSecondSt.;
505Teen Center, 505 SE Fifth Ave.;
Tennis Center, 201 W.AtlaIi.ticAve.;
Municipal Golf Course, 2200
Highland Ave.; Chamber of .
COIilmeree, 64 SE Fifth Ave.
Call Delores Rangel at
561 ~243-70 10 or visit www.mydelray
beach.com for more information.
.....
,Nlost'people who have been away from faiJiilyand friendS for a long tiriie,they know'
at it'S like to just get anythingfrOIll home~~) .' .
Ie washcloths to pack in boxe~fot soldi~rs servihg'illlraq at the You Are Not
toward sending care packageS to soldiers overseas. staff photo/Carey Wagner
Iuu HANDS: Anne Gannon, tax collector for Del~~
~APPY-HQQ~(
~.' '. elraY'J'oins two orOUPS se "
~~ . '..~ .
. By ERIKA SlJFE Atlantic High
STAFPWRITER . servedinIraq'
4 ~. Dl!1JlAYBEACH. Itmayseemlike who have bee
the mcistuntisual Christmas list. and friends fo
J'{" Among the items: foot powder, know what
~i.1~asy Cheese, playing cards, beef thingfromhomit;, ._ ',c'..t'
" J~and tube $OCks. FOr the p~~,wonthsi<;YdUAre
"" Butforsoldiers serving in Iraq, Not Alone, ap~Ir~Beac - . d
1'\fghaIiistan and elsewhere in the support groupfi'li'fafuilies;o
world, the snacks, hygiene products men and women, and.FQ ~Em
, and other goodies compiled in care Soldiers Outreach, Inc.,:a aIm
"i1 packages' are cherished gifts from Beach . County-based n~nprofit,
...l\ )lome. . have teamed up With the city of Del-
J\ "I can't say enough about it," said, ray Beach to send care packages to
~-if~?rmer Staff Sgt. Walter Brown, an soldiers based overseas during the
FROM HOME
partnership began when CitY
issioner Brenda Montague'
tofthe idea at a YouAl:eNot
meeting. ,..
.,,, "Honest to God, it just catne to
"'me," Montague said, who isttr;i1led.
with the support the progratn has
received.
~ saythatDelrayaeacl1
is the first cityiil Piilni. BilachCoun-
ty to pair up with Forgotten Sol- .
diers, a national gtoup establjsl;1ed '
. TROOPS CONTINUES ON 2B
. . ..
'ti'
i:'
", -c'
,~f,r - ",
.'
~B . SOUTH FLORIDA SUN-SENTINEL' SUN-SENTINELCbM' . Friday, Nov~mber f~' 2006,' PN
FILLER';UP: A poster of a U.S. Army soldier stahc!s by boxes that Alberta McCarthy, who lives west of Delray, and Delray Beach Mayor
Jeff Perlman go about filling for soldiers serving in Iraq. About 280 packages were shipped out this week. Staff photoslqirey Wagner
. .. . . ~ . .' -;.J . '. .
'J>~ckages en route to soldiers
:(
, /\.",. TROOPS
'CONTINUED FROM PAGE IB
in 2003 that sends care pack-
ages to inilit~ry service
workers. '
''We get a city standing be-
hind us and we hope tlJ;a.t it
starts a precedent," said Lynne
,', Chauncey, the organization's
.; " founder and president. "Let
,,-other cities see that Delray
. <.: ~ Beach was right there. Let 9th-
:::"t: ' er cities jump on board."
;:(,.,! "',' The city pledgeq about
",' \~'_:!1;,,:;:-$5,OOO to tl;l.e project, whic):l
;~ coyer shipping costs. Del-
~8;;Y. ~~*'~~ soldiepl '7"' orgaitiz-
f.s .~o~ Qf at least seven ...:--
. ~~~rprl6i;#t'iiiieceiVing
eg'
':'!I~~:> .""';.: ;;, .- '.:,:":
B8IM~_NG:, , . ~.~._,,}__~.,.:p,",_,.,$,', '.~_'.;_l.,.,~, ','" . '.,'t~~, .:~~~~
;;,;~~t<S;C!torig,,:',;9.ye$~o~/, , r;any 01
, "'with toiletries, their mind, like did you get l
CDs and ' chan~Jo ri4~;;a~~. Qf(thl
supp!i.es, q!e " wall~t., ,u~..l~~jJJstgeiiu
$tuffetl in ~fe, "in~~',\'~1;,':;', ';S;),'> '
,> ';pa"" cka'g' es. ,. , ,A"'"'tc!80'a"'(;."""es,Wbicl
~(),u", R f;:~""" _""
Local;coiili(i})~n~fit~bQ\1:l~'759iP~~
school~i1,qren pl~F:'<'" ",j't'b:Sb1Ppe.~~;()":!t,;t~
alsow~p~" ,,', "f;~~tylS~~.9t~~
, .Ietters t6 the' ";5'to ltt tune-for' tfi,e .uQIj,
,soldiers. ," ' ,.,;:;~,;,(;~i~~Z:~~~ ~om~~
th~fr= ~~~here," said d~~h!J~e?~~~~gr ~A~\;~" ",~~r;ti~~rl~
Delores Rangel;who works in . Brown, }'\Tho grew uP.in D~l., ju ',_ ,qnb'~lj~~])l~;~~~.
the city conunissioner's office ray Beach and now l~yes J.R, "get~_, j-i~qtp~times I thinli
and has a daughter who pas Suntise,sa:idJtisli'ar.~JpiPtif';:: p~~>>l~t~ritrto 'forget o,ursol.
been to Iraq several times. intp,w;ord:s-,hQw the 'soldiers ' 'di.ers: B~tYbukno~w~t, ow
' , Local schoolchiIdren also feel when they receive the s.oldiers ar~ still' ov~rseas
, . WI'Lotaesltetts_e,~~~q.th~soldie~. gifts. He was'a ~'rJ;:ip~~t9..f:a;<,fightlngforU$..'l
.. , Montague, Forgotten Soldle'tsp~cka;g-~' . J : ;"','"
"~:.M~Y,_,',o,',.r" ~""s~J.13'",,'" edman, City and he is C9nfidentSoJdiets~: :" '.t~ "
" '", ,,:F~Fz~'~;':,:;~e"" _ giftsQ:oIIi:EJtQJ~(;tnojf::y6'" lifec:a~t?~t~ijch~?~
~.' ' '~~,,'
..
Spread the Word
If you know of any fellow soldiers who would
benefit from this organization, please forward
their names and addresses.
***Please let us know any special
needs or requests, and also when your
birthday is....***
Contact 'US
We 'appreciate all responses from those who
receive our packages! With your permission, we
would like to post your correspondence on our
, website, under the "soldiers speak" link. Photos
are also welcome and may be posted in the
"photo gallery". Also, if you have an opportunity,
please drop us a line and let us know what city
and State you are from...Any South Floridians?
Mailing address:
Forgotten Soldiers Outreach, Inc.
9770 S. Military Trail, Suite B7-249
Boynton Beach, FL 33436
E-mail:
Lynelle@forgottensoldiers.org
Our website:
www.forgottensoldiers.org
Coming Home?
You can expect to receive a package from us
about once a month. When the time is near
for you to come home, please let us know
when to discontinue shipping boxes to you.
MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER tJt.IJ
AGENDA ITEM # ~.. A - REGULAR MEETING OF JANUARY 16. 2007
RESOLUTION NO. 3-07
TO:
FROM:
DATE:
January 12,2007
This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned
vehicles from two (2) properties within 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. 3-07.
S:\City Clerk\LIEN PROCESS\AGMEMOS\Reso!ution Memos 2007\RES NO. 3-07.doc
RESOLUTION NO. 3-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR
ABANDONED VEHICLES WITHIN THE CITY OF DELRA Y 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 ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90
of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the
list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of
Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach,
the City Manager or his designated representative has determined that a nuisance existed in accordance
with the standards set forth in Chapter 90 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 public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof
did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in
Chapter 90 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the Code
of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Administration or such agents or
contractors hired by the City Administration was therefore required to and did remove said junked and/or
abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred
costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 of
the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 90 of
the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the report of the City
Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances 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 3, become a lien upon the
respective lots and parcel(s) ofland 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 assessment 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 first class mail 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 on
the has levied an assessment against said property for the cost of
abatement of said nuisance by the City, and that said assessment is due and payable within 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 the rate of 8% per annum, plus reasonable attorney's fees and other
costs of collecting said sums.
Section 4. That this resolution shall become effective immediately upon adoption, and the
assessment(s) contained herein shall become due and payable after the mailing date of the notice of the
assessment. In the event that payment has not been received within thirty (30) days after the mailing date
of the notice of the assessment a lien shall be placed on said property(s), and interest shall accrue at the
rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such
proceedings including a reasonable attorney's fee.
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 8%, and collection costs
including a reasonable attorney's fee.
Res. No. 3-07
Section 6. That at the time the City Clerk sends the certified copy of this resolution for
recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be
mailed to the property owner.
PASSED AND ADOPTED In regular seSSIon on this
, 2007.
day of
MAYOR
ATTEST:
City Clerk
This instrument was prepared by:
Susan A. Ruby, City Attorney
200 N.W. 1 st Avenue
Delray Beach, Florida 33444
Res. No. 3-07
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
1436 SW 2nd ST
PALACINO PARK L T 11 WILFRED W & LILLIAN HANNA
PCN: 12-43-46-17-30-000-0110 PO BOX 7943
CASE NO. AV06-51930 CUST NO. 7833 DELRA Y BEACH, FL 33482 $ 45.00 Inv. 30054
---~~-----
$ 25.00 Admin Fee
-- $
70.00
133 NW 3RD AVENUE OLA M VICKERS & LORI J
TOWN OF DELRA Y S 53 FT OF LOT 2 BLK 43 DURANTE
PCN: 12-43-46-16-01-043-0021 4165 NW 10TH ST
CASE NO. AV06-51813 CUST NO. 9543 DELRAY BEACH, FL 33445 $ 45.00 INV.30055
~- -- --.-'...----.-
$ 25.00
..-- $
70.00
I----~_._. --- --
VIOLATION IS: SECTION 90.03 - STORING. PARKING OR LEAVING
WRECKED OR INOPERABLE MOTOR HAZARDS; DECLARED NUISANCE .-
1--.- -----
1---- -t
;
I i
----- I
,
1 I
Res. No. 3-07.xls
MEMORANDUM
TO:
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER~
AGENDA ITEM # ct. B- REGULAR MEETING OF JANUARY 16, 2007
CONTRACT ADDITION (C.O. NO. 2)/DURACLEAN, INC.
JANUARY 12,2007
SUBJECT:
DATE:
1bis is before Commission to approve a Contract Addition (CO. No.2) between the City and
Duraclean, Inc. in the amount of $17,677.78 for the water damage & microbial remediation work at
Fire Stations No.1, 2, 3 and 5.
Funding is available from 001-2311-522-46.10 (General Fund/Building Maintenance).
Recommend approval of Contract Addition (CO. No.2) with Duraclean, Inc. in the amount of
$17,677.78 for the water damage & microbial remediation work at Fire Stations No.1, 2, 3 and 5.
S:\City Clerk\AGENDA COVER MEMOS\Cootract Addition\CO 2 CA Duraclean Ioc.Fire Stations t 235 Ot.t6.07.doc
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R
A
N
D
u
M
www.mydelraybeach.com
TO: David Harden, City Manager
FROM: Bob Diaz, Construction Manager
SUBJECT: FIRE STATIONS NO.1, 2, 3 & 5 MOLD REMEDIATION (PIN 2006-039)
DATE: JANUARY 8, 2006
Attached is an Agenda Request for City Commission to approve a contract addition for Duraclean, Inc.
regarding the water damage & microbial remediation scope of work needed for Fire Stations 1,2,3, & 5.
This will become an addition to the existing purchase order issued regarding the Delray Beach Golf &
Country Club mold & remediation scope of work.
The work generally consists of the following: Removal of affected drywall sections, insulation, vapor
retarder, wall coverings, carpeting, baseboards, door casings, wood flooring, ceiling tiles, grid system and
HV AC duct insulation. Cleaning and disinfecting will include "but not limited to" hard surfaces, porous
surfaces, HV AC coils, squirrel cage fans, condensate drip pans, supply and return registers, electronic
equipment, wood joists, textured ceilings & upholstered items. All water damaged and mold remediation
areas are going to be restored to pre-damaged condition including new wood/metal studs, insulation, and
drywall. The cost for each station is F.S. No.1 $6,236.34, F.S. No.2 $2,554.59, F.S. No.3 $ 5,098.20 and
F.S. No.5 $3,788.65 respectively.
Concurrent with this approval, REP & Associates, City consultants are to going to provide required
professional and analytical services including site specific remediation protocols, project monitoring for
contractor compliance, air sampling during and after remediation, daily inspections, photographs and final
proj ect reporting.
Staff recommends City Commission award a contract to Duraclean, Inc. in the amount of$17,677.78
Funding is available from account 001-2311-522-46.10, General Fund Building Maintenance
cc: Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Rafael Ballestero, Deputy Director of Construction
Jim Schmitz; Deputy Director Public Works
Chevelle Nubin, City Clerks Office
Agenda File 1/16/07
File 2006-039
C:\Documents and Settings\smithd\Local Settings\Temporary Internet Files\OLKD5E\Agda Memo Duraclean I 1607.doc
CITY OF DELRA Y BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
PROJECT TITLE:
2
PROJECT NO. 2006-040
DATE:
Delray Beach Golf & Country Club
TO CONTRACTOR: Duraclean d/b/a The Principle Group LLC
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Complete changes to project per the attached schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 35.16 %
TOTAL PER CENT INCREASE TO DATE 53.72 %
$ 50,281.00
$ 9.333.00
$ 59,614.00
$ 17.677.78
$ 77,291.78
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Duraclean d/b/a The Principle Group LLC
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is proposed from account: 001-2311-522-46.10 $17,677.78
DEPARTMENT
FUNDING
CERTIFIED BY
RECOMMEND:
By:
Environmental Services
City Manager
ATTEST:
By:
APPROVED:
City Attorney
City Clerk
i'~ ;.,~
FIRE STATION #1
.... ~
. . ..... ' ...... .....
. .
. .
, . "..
. .
. . .
. . '. ~. .
. , -'
. ~ ,"
.'. .,.',
. . .
c',', ".,.:,".
Duraclean Restoration and Remediation CGC 1504259
3725 Investment Lane
Riviera Beach, Florida 33404
(561) 881-8898 phone
(561) 88]-8668 fax
06-04494-M
Area Items: 06-04494-M
DESCRIPTION
QNIY
REMOVE
lUPLACE
TOTAL
Haul debris - per pickup truck load -
including durq> fees
Shop supplies (vis queen, 6-mil bags, tape,
filters, etc...)
1.00 EA
132.06
0.00
I32.c16
1.00 EA
0,00
200.00
200.00
Area Item; Total: 06-04494-M
Room: Oerical & Copy Room
33206
DESCRIPTION QNIY REMOVE REPLACE TOTAL
Remediation Technician - per hour; 48.00 HR 0.00 46.00 2,208.00
remediate approximately 30 LF of drywall to
4--foot level using asbestos containment
(requires full containment and double decon,
in addition to other requ~nts); 4 techs,
] 2 hours (2 days work anticipated for
remediation)
Neg. air fanl Air scmb.-Large (per 24 hr 6.00 DA 0.00 120.92 725.52
period); 2 units, 3 days
Drywall Installer I Finisher I Carpenter / 24.00 HR 0.00 65.00 1,560.00
Painter; Reconstmct remediated area. 2
carpenters, 12 hours (assumes 30 IF of
dtywaR to 4-foot leve! to be replaced)
Reconstruction IlBterials (drywall, tnld, 1.00 EA 0.00 300.00 300.00
tape, trim, paint, ete...)
Room Totals: aeriea! & Copy Room 4,793.52
06-04494-M
11103/2006 Page: 2
,.~.
fl.
. . '
...... ... .............~
. . . .
Duraclean Restoration and Remediation CGC 1504259
3725 Investrr.ent Lane
Riviera Beach, Florida 33404
(561) 881-8898 phone
(561) 881-8668 fax
Room: Assistant Cbief
LxWill 12'0":11: 12'0":11: 9'0"
432.00 SF WaDs
144.00 SF Floor
108.00 SF Long Wall
144.00 SF Ceiling
16.00 SYFlooring
108.00 SF Short Wall
576.00 SF Walls & Ceiling
48.00 IF Floor Perirreter
48.00 IF Ceil. Perirreter
DFSCRIPTION
QNTY
REMOVE
REPlACE
TOTAL
Rerr.ediation Technician - per hour; Cover
office area with vis queen. Remwe all ceiling
tiles. Clean non-stained tiles, discard stained
tiles. Rerrove and replace ceiling insulation
with batt insulation. Perfonn two inspection
cuts. Perfonn general clean of room upon
co~letion. 3 techs, 4 hours
Neg. air fun! Air scrub.-Large (per 24 hr
period); 1 unit, 2 days
Reconstruction tmterials (insulation)
12.00 HR
0.00
46.00
552.00
2.00 DA
0.00
120.92
241.84
1.00 EA
0.00
150.00
150.00
Room Totals: Assistant Olief
943.84
Room: Fire Chief
DFSCRIPTION QNTY REMOVE RWlACE TOTAL
Rerr.ediation Technician -per hour; Pun 1.00 HR 0.00 46.00 46.00
water stained ceiling tiles (City to replace
tiles). Perfonninspection cut.
Neg. air fan/Air scrub.-Large (per 24 hr 1.00 DA 0.00 120.92 120.92
period)
Room Totals: Fire Ol.ief 166.92
line Item Totals; 06-04494-M 6,236.34
06-04494-M
11/0312006 Page: 3
",. ~
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Duraclean Restoration and Remediation CGC 1504259
3725 Investment Lane
Riviera Beach, Florida 33404
(561) 881-8898 phone
(561) 881-8668 fax
Grand Total Areas:
432.00 SF WaDs 144.00 SF Ceiling 576.00 SF Wails & Ceiling
144.00 SF Floor 16.00 SYFlooring 48.00 iF Floor Perimeter
108.00 SF Long Wall 108.00 SF Short Wall 48.00 iF Ceil. Perimeter
0.00 Floor Area 0.00 Total Area 0,00 Interior Wall Area
0.00 Exterior Wall Area 0.00 Exterior Perimeter of
Wails
0.00 Surface Area 0.00 Nurmer of Squares 0.00 Total Perimeter Length
0.00 Total Ridge Length 0.00 Total Hip length 0.00 Area of Face 1
06-04494-M
11103/2006 Page: 4
~, I.';
................................
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....... ..:..'..~
FIRE STATION #2
Duraclean Restoration and Remediation CGC 1504259
3725 InvestIrent Lane
Riviera Beach, Florida 33404
(561) 881-8898 phone
(561) 881-8668 fax
Area HeRD: 06~4497-~
DESCRIPTION
06-04497-M
QN1Y
Shop supplies
Haul debris - per pickup truck load -
including dut11> fees
1.00 EA
1.00 EA
REMOVE
RFPLACE
TOTAL
0.00
132.06
125.00
0.00
125.00
132.06
Area Items Total: 06-04497-M
Room: Dining Room
850.50 SFWalls
439.88 SF Floor
310.50 SF Long Wall
DESCRIPTION
439.88 SF Ceiling
48.88 SYFlooring
114.75 SF Short Wall
QN1Y
RFPLACE
TOTAL
R&RBatt insulation - 6" -R19
Detach & Reset Suspended ceiling tile - 2' x
2'
Remediation Technician - per hour; clean
ceiling tiles and setup containment, cover
wolk area
Neg. air fan! Air scrub.-Large (per 24 hr
period)
439.88 SF
439.88 SF
8.00 HR
2.00 DA
REMOVE
0.38
0.00
0.00
0.00
257.06
LxWxH 34'6" x 12'9" x 9'0"
1,290.38 SF Walls & Ceiling
94.50 IF Floor Perilmter
94.50 IF Ceil Perimeter
0.85
0.00
46.00
120.92
541.04
391.49
368.00
241.84
Room Totals: Dining Room
1,542.37
06-04497-M
11/03/2006 Page: 2
t. '\
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Duraclean Restoration and Remediation CGC 1504259
3725 Investmmt Lane
Riviera Beach, Florida 33404
(561) 881-8898 phone
(561) 881-8668 fax
Room: LTOFFICE
352.00 SFWalls
120.00 SF Floor
96.00 SF Long Wan
LxWxH 12'0" x 10'0" x 8'0"
120.00 SF Ceiling 472.00 SF Walls & Ceiling
13.33 SYFlooring 44.00 LF Floor Perirreter
go,OO SF Short Wall 44.00 LF Ceil. PeriJreter
QNTY REMOVE REPlACE TOTAL
120.00 SF 0.38 0.85 147.60
120.00 SF 0.00 0.00 106.80
2.00 HR 0.00 46.00 92.00
2.00 DA 0.00 120.92 241.84
DESCRIPTION
R&RBatt insulation. 6" . RI9
Detach & Res et Suspended ceiling tile - 2: x
2'
Rem:diation Technician - per hour; clean
ceiling tiles and setup containment, cover
work area
Neg. air fanl Air scrub.-Large (per 24 hr
period)
Room Totals: LT OFFICE
588.24
Room: HAIL
LxW:dI 28'4" x4'0" x 8'0"
517.33 SF Walls
113.33 SF Floor
226.67 SF Long Wall
113.33 SF Ceiling
12.59 SYFlooring
32.00 SF Short Wall
630.67 SF Walls & Ceiling
64.67 LF Floor Perimeter
64.67 LF Ceil. Perirreter
DESCRIPTION
QNTY
REMOVE
REPlACE
TOTAL
Rem:diation Technician - per hour; perfonn
test cut and reIOOve stained ceiling tiles
(additional work, if required, at additional
cost)
Neg. air fimj Air scrob.-Large (per 24 hr
period)
1.00 fIR
0.00
46.00
46.00
1.00 DA
0.00
120.92
120.92
Room Totals: HAlL
166.92
Line ItemTota1s: 06-04497-M
2,554.59
Q6..04497-M
11/0312006 Page: 3
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. .' .
Duraclean Restoration and Remediation CGC 1504259
3725 Investm:nt Lane
Riviera Beach, Florida 33404
(561)881-8898 phone
(561) 881-8668 fax
Grand Total Areas:
1,719.83 SFWalls 673.21 SF Ceiling 2,393.04 SF Walls & Ceiling
673.21 SF Floor 74.80 SYFlooring 203.17 IF Floor Perinl:lter
633.17 SFLongWall 226.75 SF Short Wan 203.17 IF Ceil. PeriIreter
0.00 Floor Area 0.00 Total Area 0.00 Interior Wall Area
0.00 Exterior Wall Area 0,00 Exterior Perimeter of
Walls
0.00 Surface Area 0.00 Number of Squares 0.00 Total PeriIreter Length
0.00 Total Ridge Length 0.00 Total Hip Length 0.00 Area of Face 1
06-04497-M
1lI03/2006 Page: 4
FIRE STATION #3
...........
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'. .
.... I.
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. .'.' ,'" :.1It
. , . "
Duraclean Restoration and Remediation CGC 1504259
3725 Investment Lane
Riviera Beach, Florida 33404
(561) 881-8898 phone
(561) 881-8668 fax
06~4496-M
Area Items: 06-04496-M
DESCRIPTION
Ql'i'1Y
REMOVE
RWLACE
TOTAL
Shop supplies (vis queen, tape, fihers. etcm)
Haul debris - per pickup truck load -
including duIll' fees
1.00 FA
1.00 FA
0.00
132.06
200.00
0.00
200.00
132.06
Area Itel1ll Total: 06-04496-M
Room: KITCmN
332.06
LxWxH 24'0" x 19'0" x 8'0"
688.00 SF Walls
456.00 SF Floor
192.00 SF Long Wall
456.00 SF Ceiling
50.67 SYFlooring
152.00 SF Short Wall
1,144.00 SFWaUs & Ceiling
86.00 IF Floor Perin:eter
86.00 IF Ceil Perin:eter
DESCRJP110N
QNTY
REMOVE
REPLACE
TOTAL
R&RBatt insulation in ceiling
Detach & Reset Suspended ceiling tile - 2' x
4'
Remediation Technician - per hour; clean
ceiling tiles and setup containment, cover
woxX area; 2 techs, 4 hours
Neg. air fan! Air scrob.-Large (per 24 hr
period)
456.00 SF
456.00 SF
0.38
0.00
0.85
0.00
560.88
405.84
8.00 HR
0.00
46.00
368.00
2.00 DA
0.00
120.92
241.84
Room Totals: KITCHEN
1,576.56
06-04496-M
11/03/2006 Page: 2
...<...i<:i.:
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. . - ." ..
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. . .' .
..... ." ....:.~:
Duraclean Restoration and Remediation CGC 1504259
3725 Investm:nt Lane
Riviera Beach, Florida 33404
(561) 881-8898 phone
(561) 881-8668 fax
Room: PHYSICAL
512.00 SFWalls
252.00 SF Floor
144.00 SF Long Wall
252.00 SF Ceiling
28.00 SYFlooring
112.00 SF Short Wall
D~CRlPTION
QN1Y
TOTAL
R&R Batt insulation in ceiling
Detach & Reset Suspended ceiling tile - 2' x
4'
Neg. air fan/Air scrob.-Uirge (per 24 hr
period)
Rem:diation Technician - per hour; clean
ceiling tiles and setup containm:nt, cover
worle area
252.00 SF
252.00 SF
2.00 DA
6.00 HR
lUMOVE
0.38
0.00
0.00
0.00
LxWxH 18'0" 114'0" 18'0"
764.00 SF Walls & Ceiling
64.00 IF Floor Perimeter
64.00 IF C..eil. Perimeter
REPLACE
0.85
0.00
120.92
46.00
309.%
224.28
241.84
276.00
RDomTota1s: PHYSICAL
1,052.08
Room: DORM7
249.33 SF Walls
59.79 SF Floor
70.00 SF Long Wall
59.79 SF Ceiling
6.64 SYF'looring
54.67 SF Short Wall
DF.SCRlPTION
QN1Y
R&RBatt insulation in ceiling
Detach & Reset Suspended ceiling tile. 2' x
4'
Neg. airfan/Airscmb.-Large (per 24 hr
period)
Rem:diation Technician - per hour; clean
ceiling tiles and setup cont~nt, cover
worle area
59.79 SF
59.79 SF
2.00 DA
1.00 HR
lUMOVE
0.38
0.00
0.00
0.00
LxWxH 8'9" x 6'10" x8'0"
309.13 SF Walls & Ceiling
31.17 IF Floor Perimeter
31.I 7 LF Ceil. Perimeter
REPLACE TOTAL
0.85 73.54
0.00 53.21
120.92 241.84
46.00 46.00
RDomTota1s: DORM 7
414.59
06-04496--M
11/03/2006 Page: 3
.......
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. . .
Duraclean Restoration and Remediation CGC 1504259
3725 Investmmt Lane
Riviem Beach, Florida 33404
(561) 881-8898 phone
(561) 881-8668 fax
Room: DORM 8
249.33 SF Walls
59.79 SF Floor
70.00 SF Long Wall
59,79 SF Ceiling
6.64 SYFlooring
54.67 SF Short Wall
DESCRIPTION
QNfY
roTAL
R&R Batt insulation in ceiling
Detach & Reset Suspended ceiling tile - 2' x
4'
Neg. air fimI Air scrob.-Large (per 24 hr
period)
Remediation Technician - per hour; clean
ceiling tiles and setup containment, cover
work area
59.79 SF
59.79 SF
2.00 DA
1.00 HR
RIMOVE
0.38
0.00
0.00
0.00
LxWxH 8'9" x 6'10" x 8'0"
309.13 SF WaUs & Ceiling
31.17 LF Floor Perimeter
31.17 LF Ceil. Perimeter
Rl!PLACE
0.85
0.00
120.92
46.00
73.54
53.21
241.84
46.00
Room Totals: DORM 8
414.59
Room: N HAll
386.67 SF Walls
72.33 SF Floor
165.33 SF Long Wall
72.33 SF Ceiling
8.04 SYFlooring
28.00 SF Short Wan
DESCRIPTION
QNTY
R&R Batt insulation in ceiling
Detach & Reset Suspended ceiling tile - 2'x
4'
Neg. air fimI Air scrob.-Large (per 24 hr
period)
72.33 SF
72.33 SF
2.00 DA
06-04496-M
RFMOVE
0.38
0.00
0.00
LxWxH 20'8" x3'6" xS'O"
459.00 SF WaIls & Ceiling
48.33 IF Floor Perimeter
48.33 LF Ceil. Perimeter
REPIACE
0.85
0.00
120.92
roTAL
88.97
64.38
241.84
11/03/2006 Page: 4
....
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0; ,"
'. .' ',' .
...... .... ....
Duraclean Restoration and Remediation CGC 1504259
3725 Investrrent Lane
Riviera Beach, Florida 33404
(561) 881-8898 phone
(561) 881-8668 fax
CONTINUID - N HAIL
DESCRIPTION
QNlY
REMOVE
REPlACE
TOTAL
Re~diation Technician - per hour; clean
ceiling tiles and setup containment, cover
work area
2.00 HR
0.00
46.00
92.00
Room Totals: N HALL
487.19
Room: STORAGE
LxWxH 6'9" x4'O" x 8'0"
172.00 SFWalls
27.00 SF Floor
54.00 SF Long Wall
27.00 SF Ceiling
3.00 SYFlooring
32.00 SF Short Wall
199.00 SFWalls&Ceiling
21.50 LF Floor P~ter
21.50 IF Ceil. Perirreter
DESCRIPTION
QN1Y
RIMOVE
R&R Batt insulation in ceiling
Detach & Reset Suspended ceiling tile - 2' x
4'
27.00 SF
27.00 SF
0.38
0.00
RWlACE TOTAL
0.85 33.21
0.00 24.03
120.92 241.84
46.00 46.00
Neg. air fan/Air scrub.-large (per 24 hr
period)
Remediation Technician - per hour; clean
ceiling tiles and setup containment, cover
work area
2.00 DA
0.00
1.00 HR
0.00
RoomTotals: STORAGE
345.08
06-04496-M
11/03/2006 Page: 5
{~
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'. ..g,
. . .
Duraclean Restoration and Remediation CGC 1504259
3725 Investmmt Lane
Riviera Beach, Florida 33404
(561) 88].8898 phone
(561) 881-8668 fax
Room: S HAIL
362.67 SFWalls
67.08 SF Floor
153.33 SF Long Wall
DIBCRIP'I1ON
67.08 SF Ceiling
7.45 SYFlooring
28.00 SF Short Wall
Ql\'1Y
R&R Batt insulation in ceiling
Detach & Reset Suspended ceiling tile - 2' x
4'
Neg. air fanl Air scmb.-Large (per 24 hr
period)
ReIrediation Technician - per hour; clean
ceiling tiles and setup containment, cover
work area
67.08 SF
67.08 SF
2.00 DA
2.00 HR
REMOVE
LxWxH 19'2" x3'6" x 8'0"
429.75 SF Walls & Ceiling
45.33 LF Floor Perin:eter
45.33 LF Ceil. Perin:eter
0.38
0.00
RFPLACE TOTAL
0.85 82.51
0.00 59.70
120.92 241.84
46. ()() 92.00
0.00
0.00
Room Totals: S HAIL
476.05
line Item Totals: 06-04496-M
Grand Total Areas:
2,620.00 SF Walls
994.00 SF Floor
848.67 SF Long Wall
0.00 Floor Area
0.00 :&terior Wall Area
0.00 Surface Area
0.00 Total Ridge Length
06-04496-M
994.00 SF Ceiling
110.44 SYFlooring
461.33 SF Short Wall
0.00 TotalArea
0.00 Exterior Perin:eter of
Walls
0.00 Number of Squares
0.00 Total Hip Length
5,098.20
3,614.00 SF Walls & Ceiling
327.50 LF Floor Perin:eter
327.50 LF Ceil. Perin:eter
0.00 InteriorWaUArea
0.00 Total Perin:eter Length
0.00 Area of Face 1
11/03/2006 Page: 6
..
FIRE STATION #5
......,..,;.
. .
. . .
...... ..... ... .......
-. ".g
. . -
. .
. , .. .
Duraclean Restoration and Remediation CGC 1504259
3725 Investmmt lane
Riviera Beach, Florida 33404
(561) 881-8898 phone
(561) 881-8668 fax
06-04498-M
Area Items: 06-04498-M
DESCRIPTION
QNIY
REMOVE
RFPLACE
TOTAL
Shop supplies
Haul debris - per pickup truck load -
including du~ fees
1.00 EA
1.00 EA
0.00
132.06
250.00
0.00
250.00
132.06
Area Items Total: 06-04498-M
Room: Kitchen & Dining
382.06
LxWxH 22'3" x 15'2" x8'0"
598.67 SF Walls
337.46 SF Floor
178.00 SFLongWall
337.46 SF Ceiling
37.50 SYFlooring
121.33 SF Short Wall
936.13 SF Walls & Ceiling
74.83 IF Floor Perim:ter
74.83 LF Ceil. Perirreter
DESCRIPTION
QNIY
REMOVE
RFPLACE
TOTAL
. R&RBatt insulation - 6" - R19
Detach & Reset Suspended ceiling tile - 2' x
2'
Re~diation Technician - per hour; clean
ceiling tiles and setup containInent, cover
work area
Neg. air fani Air scrub.-Large (per 24 hr
period)
337.46 SF
337.46 SF
0.38
0.00
0.85
0.00
415.07
300.34
8.00 HR
0.00
46.00
368.00
2.00 DA
0.00
120.92
241.84
Room Totals: Kitchen & Dining
1,325.25
06-04498-M
11/03/2006 Page: 2
"
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. . . "
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............ ;.
. .
. .
. ..
Duraclean Restoration and Remediation CGC 1504259
3725 Investtrent lane
Riviera Beach, Florida 33404
(56]) 88]-8898 phone
(561) 881-8668 fax
Room: Dorm 1
254.67 SFWalls
63.19 SF Floor
66.67 SF Long Wall
LxWxH 8'4" x 7'7" x8'O"
63.19 SF Ceiling 317.86 SF Walls & Ceiling
7.02 SY Flooring 31.83 LF Floor PeriIneter
60.67 SF Short Wall 31.83 LF Ceil. Perimeter
QNIY RFMOVE REPLACE TOTAL
63.19 SF 0.38 0.85 77.73
63.19 SF 0.00 0.00 56.24
2.00 HR 0.00 46.00 92.00
1.00 DA 0.00 120.92 ]20.92
DFSCRIPTION
R&RBatt insuJation- 6" -R19
Detach & Reset Suspended ceiling tile - 2' x
2'
Remediation Technician - per hour; clean
ceiling tiles and setup containment, cover
worle area
Neg. airfan/Air scrub.-Large (per 24 hr
period)
Room Totals: Dorm 1
346.89
Room: Dorm 2
LxWxH 8'4" x7'7" x8'O"
63.19 SF Ceiling 317,86 SF Walls & Ceiling
7.02 SYFlooring 31.83 IF Floor Perirreter
60.67 SF Short Wall 31.83 LF Ceil. PeriIneter
QNIY RFMOVE REPLACE TOTAL
63.19 SF 0.38 0.85 77.73
63.19 SF 0.00 0.00 56.24
2.00 HR 0,00 46.00 92.00
1.00 DA 0.00 120.92 120.92
254.67 SF Walls
63.19 SF Floor
66.67 SF Long Wall
DFSCRIP1l0N
R&RBatt insulation - 6" - R19
Detach & Reset Suspended ceiling tile - 2' x
2'
Remediation Technician - per hour; clean
ceiling tiles and setup containment, cover
worle area
Neg. air fan/Airscrub.-Large (per 24 hr
period)
Room Totals: Dorm2
346.89
06-04498-M
1lI03/2006 Page: 3
" "
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,. .
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I. . ~.
. .", .,'.
Duraclean Restoration and Remediation CGC 1504259
3725 Investment Lane
Riviera Beach, Florida 33404
(561) 881~8898 phone
(561) 881-8668 fax
254.67 SF Walls
63.19 SF Flo()r
66.67 SF Long Wall
LxWxH 8'4" x7'7" xS'O"
63.19 SF Ceiling 317.86 SF WaIls & Ceiling
7.02 SYFlooring 31.83 LF Floor Perimeter
60.67 SF Short Wall 31.83 IF Ceil. Perinleter
QN1Y RE\IDVE REPLACE TOTAL
63.19 SF 0.38 0.85 77.73
63.19 SF OJX) 0.00 56.24
2.00 HR 0.00 46.00 92.00
1.00 DA 0.00 120.92 120.92
Room: Dorm 3
DiSCRIPTION
R&R Batt insulation - 6" - R19
Detach & Reset Suspended ceiling tile - 2' x
2'
Remediation Technician - per hour; clean
ceiling tiles and setup containment, cover
work area
Neg. air fanlAirscrob.-Large (per 24 hr
period)
RoomTotals: Dorm3
346.89
Room: DORM4
LxWxH 8'4" x 7'7" x S'O"
254.67 SF Walls
63.19 SF Floor
66.67 SF Long Wall
63.19 SF Ceiling
7.02 SYFlooring
60.67 SF Short Wall
317.86 SF Walls & Ceiling
31.83 IF Floor Peritreter
31.83 LF CeiL PeriIreter
DESCRIPTION
QN1Y
REMOVE
REPLACE
TOTAL
R&RBatt insulation - 6" - R19
Detach & Reset Suspended ceiling tile. 2' x
2'
Remediation Technician - per hour; clean
ceiling tiles and setup contaimmnt, cover
work area
63.19 SF
63.19 SF
0.38
0.00
0.85
0.00
77. 73
56.24
2.00 HR
0.00
46.00
92.00
Q6.04498-M
11/03/2006 Page: 4
....,
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. .
'. ...:' . :8
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Duraclean Restoration and Remediation CGC 1504259
3725 Investtrent Lane
Riviera Beach, Florida 33404
(561) 881-8898 phone
(561) 881-8668 fax
CONTINUED-DORM4
DFECRJPTION
QNTY
REMOVE
RWLACE
TOTAL
Neg. air fanl Air scmb.-Large (per 24 hr
period)
1.00 DA
0.00
120.92
120.92
Room Totals: OORM 4
346.89
254.67 SF Wails
63.19 SFFloor
~.67 SF Long Wall
LxWxH 8'4" x 7'7" x 8'0"
63.19 SF Ceiling 317.86 SF Walls & Ceiling
7.02 SYFlooring 31.83 LF Floor Perirreter
60.67 SF Short Wan 31.83 LF Ceil Perin);:ter
QNTY lUMOVE RWLACE TOTAL
63.19 SF 0.38 0.85 77.73
63.19 SF 0.00 0.00 5624
2.00 HR 0.00 46.00 92.00
1.00 DA 0.00 120.92 120.92
Room: Dorm 7
DFECRlPTION
R&RBatt insulation - 6" - RI9
Detach & Reset Suspended ceiling tile - 2' x
2'
Rcrrediation Technician - per hour; clean
ceiling tiles and setup contaimrent, cover
work area
Neg. airfanlAirscrub.-Large (per 24 hr
period)
Room Totals: Donn7
346.89
06-04498-M
ll/03/2006 Page: 5
...,.
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Duraclean Restoration and Remediation CGC 1504259
3725lnves~ntLane
Riviera Beach, Florida 33404
(561) 881-8898 phone
(561) 8S1-8668 fax
Room: Dorm 8
254.67 SFWal1s
63.19 SF Floor
66.67 SF Long Wall
DESCRIPTION
LxWxH 8'4" x7'7" x8'O"
63.19 SF Ceiling 317.86 SF Walls & Ceiling
7.02 SYFlooring 31.83 LF Floor P~er
fIJ.67 SF Short Wall 31.83 LF Ceil. Perimeter
QN1Y RFMOVE REPLACE TOTAL
63.19 SF 0.38 0.85 77.73
63.19 SF 0.00 0.00 56.24
2.00 HR 0.00 46.00 92.00
1.00 DA 0.00 120.92 120.92
R&RBatt insulation ~ 6" - R19
Detach & Reset Suspended ceiling tile - 2' x
'1
Retrediation Technician - per hour; clean
ceiling tiles and setup containtrent, cover
work area
Neg. air fan! Air scrob.-Large (per 24 hr
period)
Room Totals: DormS
346.89
Line Item Totals: 06-04498-M
Grand Total Areas:
2,126.67 SF Walls
716.62 SF Floor
578.00 SF Long Wall
0.00 Floor Area
0.00 &terior Wall Area
0.00 Surface Area
0.00 Total Ridge Length
06-04498-M
3,788.65
716.62 SF Ceiling
79.62 SYFlooring
485.33 SF Short Wall
2,843.29 SF Walls & Ceiling
265.83 IF Floor Perimeter
265.83 IF Ceil. Perimeter
0.00 TotalArea
0.00 &terior Perin~ter of
Walls
0.00 Interior Wall Area
0.00 Number of Squares
0.00 Total Hip Length
0.00 Total Perimeter Length
0.00 Area of Face 1
11/0312006 Page: 6
Agenda Item No. <2'.13
AGENDA REQUEST
Date: 8 JAN 2007
Request to be placed on:
x
Regular Agenda
Special Agenda
Workshop Agenda
When: 17 Jan 2007
Description of item (who, what, where, how much): Commission approval/authorization for
Mayor to execute €t,~. ,~.... 6..k.. r k.i{Contract AdditionJwith Duraclean, Inc.
The work generally consists of the following: Removal of drywall sections, insulation and vapor
retarder, wall coverings, carpeting, baseboards, door casings, wood flooring, ceiling tiles and
grid system. HVAC external duct and duct insulation. Cleaning and disinfecting of hard
surfaces, porous surfaces, HVAC supply and return registers, electronic equipment, wood
joists, textured ceilings, HVAC system cleaning, upholstered items and final cleaning. The cost
for each station is F.S. No. 1 $6,236.34, F.S. No.2 $2,554.59, F.S. No.3 $ 5,098.20 and F.S.
NO.5 $3,788.65 respectively.
Funding is as follows: Account # 001-2311-522-46.10 for the amount of $17,677.78
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff reco
n
Department head signature
10- 01
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (r~e. on. ~U!ems involving expenditure of funds):
Funding available: S/ 0 {;flU
Funding alternative ~ r
Account No. & Description oa / - 23lt -5 Z? LIt, ~ / () 1 atl dl 11 0
Account Balance $ 63 I~ 7 ~
I
(if applicable)
Ha;n.~ C-Jl--
f!j)oi7Y\
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: Richard Hasko; Director of ESD
Randal Krejcarek: City Engineer
Rafael Ballestero. Deputy Director of Construction
Jim Schmitz; Deputy Director Public Works
Chevelle Nubin, City Clerks Office
Agenda File 1/16/07
File 2006-039
S:\EngAdmin\Projects\2006\2006-039\OFFICIAL\agenda Duraclean 1.16.07.doc
MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM . C, - REGULAR MEETING OF JANUARY 16,2007
SERVICE AUTHORIZATION NO. 3.2/WALTERS ZACKRIA ASSOCIATES
TO:
SUBJECT:
DATE:
JANUARY 12,2007
1bis is before the City Commission to approve Service Authorization No. 3.2 to Walters Zackria
Associates in the amount of $150,000.00 for performing construction administration, engineering
inspections, post construction services and traffic improvements design/permitting services related to
the construction of the Western/Senior/Community Center Project.
Funding is available from 380-4150-572-62.58 (2004 G.O. Bond/Parks & Recreation/Western/Senior
Center).
Staff recommends approval of Service Authorization No. 3.2 to Walters Zackria Associates in the
amount of $150,000.00 for performing construction administration, engineering inspections, post
construction services and traffic improvements design/permitting services related to the construction
of the Western/Senior/Community Center Project.
S:\City Oerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Service Authorization Agenda Memos\ServicAuth. #3.2 Walters Zackria Associates 01.16.07.doc
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R
A
N
D
u
M
www.mvdelravbeach.com
TO:
David T. Harden
City Manager
Victor Majtenyi~
Deputy Director of Public Utilities
FROM:
SUBJECT:
SeniorlWestern Community Center (PIN 2004-047)
Agenda Item: Service Authorization #3.2 to Walters Zackria Associates for
Construction Administration services.
DATE:
January 9,2007
Attached is a request for City Commission to approve Service Authorization #3.2 (Amendment #2 to
Service Authorization #3) to Walters Zackria Associates for performing construction administration,
engineering inspections, post construction services, and traffic improvements design/permitting services
relating to the construction of the Senior/Western Community Center project, PIN 2004-047. Service
Authorization #3.2 is in the net total of $150,000.00.
Construction Administration services, Civil/Structural Engineering Inspection services, Post-Construction
services, and Right-of-Way Traffic Improvements and Permitting services (Tasks 10 through 13
respectively) were listed as optional services, to be approved at a later date if needed, in previously
approved Service Authorization #3.1 (approved June 6, 2006).
Consulting fees approved to date total $646,600.00. Approval of this Service Authorization will increase
consultant fees to $796,600.00. With the Guaranteed Maximum Price currently estimated at
$10,369,713.00, consultant fees represent 7.68% of construction costs.
Funding is available from #380-4150-572-62.58,2004 G.O. Bond/ Senior-Western Community Center.
cc: Richard C. Hasko, P.E.; Director of Environmental Services
Randal Krejcarek; City Engineerl ESD
Rafael Ballestero; Dep. Dir. Of Construction
City Clerks Office
Agenda File 01-16-07
Project File 2004-047 (A)
S:\EngAdmin\Projects\2004\2004-047\OFFICIAL\Agenda Memo WSA SA3.2 01-16-07.doc
Service Authorization No. 3.2 to the Agreement
to Furnish Professional Services Dated
February 14,2005, Between the City of Delray
Beach, Florida and Walters Zackria Associates
City P.O. Number:
City Project Number:
2004-047
Title: Western Senior and Community Center
Construction Phase Support and Post Occupancy Support Services
Category of Work: Professional Architectural Services
General
This SERVICE AUTHORIZATION shall include the professional service agreement
referenced above and shall become part of that AGREEMENT as if written there in full.
Introduction
This Service Authorization will authorize Walters Zackria Associates to provide
professional Architectural/Engineering consulting services for Western Senior and
Community Center. Services shall include:
The scope of work for this service authorization will include design and permitting in the
off-site right-of-way and support services during the construction phase. Construction
support services will include construction administration, civil and structural engineering
inspections, and civil and structural final construction certifications. Post construction
services will be provided to support staff during the first year of occupancy.
The services listed in this service authorization were included as optional services under
service authorization 3.1 which also included the construction document and permitting
phases.
Scope of Services
Task 10 - Construction Administration
During the construction phase of the project, WZA shall provide reasonable construction
administration services for the CITY and awarded contractor. WZA will provide RFI,
request for information review. Limited construction administration services shall include
(4) on-site meetings per month with the general contractor, the subcontractors, and owner's
representative. WZA will review the construction progress on a weekly basis, review and
approve payment applications, review change order requests, provide meeting agenda and
meeting minutes, review actual progress with construction schedule, and make any
DFB/981 040007/SET561. DOC
decisions required to clarify the construction documents. Construction administration
services are for a construction period not to exceed 425 days by a construction manager.
Task 11 - Civil and Structural Inspection Services
During the construction phase of the project, WZA shall provide civil engineering and
structural threshold inspections required by the City's Building Department and various
permitting agencies. These civil engineering inspections shall include utilities systems
(water, sewer, storm drainage) installation, parking and retention preparation, sub-base,
stabilizer rock, and asphalt. A final certification shall be provided to each agency. The
structural threshold and tilt-up concrete inspections shall include inspections of the building
foundations, concrete walls, slab, trusses, welding for decking and steel roof joists. A final
certification shall be provided to the City's Building Department.
Task 12 - Post Construction Services
Upon request from the CITY to begin Post-Construction Phase Services, WZA shall visit the
project to observe any apparent defects or adjustments in the work, assist the CITY in
consultations and discussions with CONTRACTOR concerning correction of any defects,
and make recommendations as to replacement or correction of the work, if required.
Task 13 - Right-of-Way Traffic Improvement Design and Permitting Services
Upon request from the CITY, WZA shall provide design services for any turn lanes or
concurrency improvements required either by the City of Delray Beach or Palm Beach
County Traffic Engineering Division. Once the designs are completed, WZA will prepare a
submittal for traffic engineering permit and address any comments related to that permit.
DELRAYISA3_WESTERN_COMMUNITY _CENTER.DOC
20F5
Schedule
Walters Zackria Associates will commence work on the Scope of Services described herein
upon receipt of a fully executed copy of this Service Authorization from the CITY, which
will serve as the notice to proceed. The following schedule is based upon all site permits,
building permits, and construction manager contract executed and issued by February 15,
2007. Any delays past that date will result in a modified schedule. The following
summarizes the proposed schedule.
Task Time of Completion (from date of notice to proceed [NTP])
Start Finish
Task 10 - Construction Administration Services February 15, 2007 April 17, 2008
Task 11 - Civil/Structural Engineering Inspections February 15, 2007 April 17, 2008
Task 12 - Post-Construction Services April 17, 2008 April 17, 2009
Task 13 - Right of Way Traffic Improvement January 15, 2007 June 15, 2007
Design and Permitting Services
DELRA Y/SA3_WESTERN_COMMUNITY _CENTER.DOC
30F5
Compensation to the CONSULTANT
Compensation for professional consulting Architectural services as described herein is
estimated at $150,000.00. Total compensation for Tasks 10, 11, 12 and 13 shall be on a lump
sum basis in accordance with Article VILA.l of the AGREEMENT, with a cost not to exceed
$150,000.00. The fee breakdown for Tasks 10 through 13 is as follows:
Fee Breakdown by Task:
Task 10 - Construction Administration Services
Task 11- Civil/Structural Engineering Inspection Services
Task 12 - Post-Construction Services
Task 13 - Right of Way Traffic Improvements and Permitting
$ 90,000.00
$ 20,000.00
$ 10,000.00
$ 30,000.00
Services Total
$ 150,000.00
DELRA Y/SA3_WESTERN_COMMUNITY _CENTER.DOC
40F5
This service authorization is approved contingent upon the CITY's acceptance of and
satisfaction with the completion of the services rendered in the previous phase or as
encompassed by the previous service authorization. If the CITY in its sole discretion is
unsatisfied with the services provided in the previous phase or service authorization, the
CITY may terminate the contract without incurring any further liability. The
CONSULTANT shall commence work on any service authorization approved by the CITY
to be included as part of the contract without a further notice to proceed.
Approved by:
CITY OF DELRA Y BEACH:
WaIters Zackria Associates (Corporate Seal)
Date:
Robert S. Walters, AlA
Principal Architect
(date)
Jeff Perlman,
Mayor
Witness
Witness
STATE OF FLORIDA
COUNTY OF BROW ARD
Attest:
Approved as to Legal Sufficiency and Form
The foregoing instrument was
acknowledged before me this _ day of May,
2006, by Robert S. Walters, Principal
Architect, Walters Zackria Associates,
PLLC, a Florida corporation, on behalf of the
corporation. He is personally known to me
and (did/ did not) take an oath.
Notary Public
State of Florida
(Seal)
DELRAYISA3_WESTERN_COMMUNITY _CENTER.DOC
50F5
Agenda Item NO.~c"
AGENDA REQUEST
Date: January 9. 2007
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When: January 16. 2007
Description of item (who, what, where, how much):
Service Authorization #3.2 (Amendment 2 to Service Authorization #3) to Walters Zackria Associates for
performing construction administration, civil/ structural engineering inspections, post construction services,
and Right-of-Way traffic improvement design/permitting services relating to the construction of the
Western Community Center, PIN 2004-047. Service Authorization #3.2 is in the net total of $150,000.00.
Funding is available from Account # 380-4150-572-62.58, 2004 G.O. Bond/ Senior-Western Community
Center, in the amount of $150,000.00.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization
Associates for the construction of the. stern Community Center project.
- f1/2
#3.2 to Walters Zackria
Department head signature
-9-07
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review~ired on all items involving expenditure of funds):
Funding available: E NO (see above) U:t
Funding alternative (if applicable)
Account No. & DescJjption 3ffo-4/5D-57Z.(P2~S8 -- 'Yuuor/UJe5J.err. (I0/Tm(''"/r
Account Balance -13) 77?if, .5 ,<)-=3
1
City Manager Review:
Approved for agenda:
Hold Until:
@NO c>r1
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
ApprovedlDisapproved
S:\EngAdminIProjectsI200412004-047\OFFICIALlAgda Req WSA SA 3.2 01-16-07.doc
r
~
[ITY DF DELIA' IEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENt'E . DELRAY BEACH. FLORIDA 33444
TFLFPHONE: :161/2-l3-7()<)O' FACSIMILE: :161/278-4755
DELRAY BEACH
I' LOR I D A
lied
All-America City
Writer's Direct Line: 561/243-7091
, III I! DATE:
MEMORANDUM
January 10, 2007
1993
2001
FROM:
City Commission
David Harder'. City Manager
0-...-
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Landscape Maintenance AQreement with Lennar Homes
The attached agreement allows the owner, Lennar Homes, to place certain
landscaping in the City right-of-way along Swinton Avenue south of S.W. 10th
Street and adjacent to the FEC railroad. This landscaping is in conjunction with
the Villages at Swinton Square project. The owner shall be required to maintain
the landscaping in accordance with City standards.
Our office requests that this item be placed on the January 16, 2007 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Nancy Davila, Horticulturist
1S.])
11-30-2006 11 :53AM FROM-WEINERARONSON
+
T-353 P.002/005 F-076
, -
Prepared by: RETURN:
R. Brian Shut~, Esq.
City AttOrney's Office
200 N.W. 1st Avenue
Delray Beach, FL 33444
LANDSCAPE MAINTENANCE AGREEMENT
THIS AGREEMENT is made this day of , 2006 by and
between the City of Delray Beach, Florida ("City") and lENNAR HOMES, INC.
("Owner")
WITNESSETH:
WHEREAS, the City controls and has jurisdiction of the public right-of-way on
east side of . Swinton Avenue, south of South 10th Street and north of Reigle Avenue,
adjacent to the F.E.C. railroad; and
WHEREAS, Owner is developing a project referred to as The Villages at Swinton
Square (aka Banyan Village), a multi-famil~ subdivision located at the southwest
quadrant of Swinton Avenue and SW 10 h Street, and desires to improve the
appearance of a portion of the City right-of-way leading to the proposed entrance to
their development as represented in 'Exhibit A', attached hereto; and
WHEREAS, the installation of landscaping to buffer the railroad, to beautify the
subdivision's only access, and to improve the appearance of the surrounding
streetscape was to the primary benefit of The Villages at Swinton Square; and
WHEREAS, the City agreed to allow the installation of irrigation and landscaping
within the right-of-way, with the understanding that the Owner, its successors and
assigns would be perpetually responsible for the maintenance of the irrigation and
landscaping, including the water utility bills; and
WHEREAS, the Site and Landscape Plan for The Villages at Swinton Square,
includes and identifies landscaping on the east side of Swinton Avenue between South
10th Street and Reigle Avenue as part of the approved and 'Certified' Site Plan; and
11-30-2006 11 :53AU FROM-WEINERARONSON
+
T-353 P.003/005 F-076
WHEREAS, the agreement shall in no way be deemed an actual, constructive or
any other type of abandonment by the City of that portion of the public right-of-way on
Swinton Avenue; and
WHEREAS, the parties hereto recognize the need for entering into an agreement
designating and setting forth the responsibilities of each party.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained in this agreement, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree hereby as follows:
1. The parties hereby represent and warrant that the above recitals are
accurate and correct and herby incorporate them into this Agreement.
2. Owner, or their assigns, shall perform all conditions as required by the City
as necessary for the installation and maintenance of all irrigation and landscaping
located on the east side of Swinton Avenue, as depicted on the Site Plan and
Landscape Plan approved in 2005 for The Villages at Swinton Square and as
represented in attachment 'Exhibit A' _ Landscaping shall be maintained in good
condition. Maintenance shall include, litter and debris removal, proper watering and
operation of the irrigation system, mowing, edging, weeding, mulching, fertilization,
insect and disease control, and tree trimming.
3. Maintenance shall also include pruning any plant materials that present a
visual hazard for those using the roadway. To maintain also means removing or
replacing dead or diseased plants in their entirety, or removing and replacing those that
fall below original project standards. All plants removed for whatever reason shall be
removed and replaced by plant of the same grade, and size as specified in the original
plans.
4. The Owner shall maintain the above described landscaped area as though
it were a 'Common Area' property.
5. If at any time after the execution of this Agreement by Owner, its
successors or assigns, or subsequent individual property owners, it shall come to the
attention of the City that the landscaping is not maintained pursuant to the terms and
conditions of this Agreement, then the City may at its option issue a written notice that a
deficiency or deficiencies exist, by sending written notice to the Owner or its assigns at
the address provided below, or as it may be amended. Thereafter, the Owner or it's
assigns shall have a period of (30) thirty calendar days within which to correct the cited
landscape or irrigation maintenance deficiencies. If said deficiencies are not corrected
within this time period, the City may at its option, proceed as follows:
a) Maintain the landscaping or part thereof, and invoice the Owner or it's
assigns for expenses incurred.
11-30-2006 11 :53AM FROM-WEINERARONSON
+
T-353 P.004/005 F-076
b} Process landscape maintenance violation through the City's Code
Enforcement Board.
(c) Remove all landscaping and irrigation form the right-of-way
and invoice the Owner for the expenses incurred.
(d) And I if the maintenance failure cause s a safety concern the City may
alleviate the safety issue without giving prior notice and the Owner or it's assigns shall
pay the actual costs of remedying the safety issue.
6. At all times hereto, the 'Owner' or it's assigns shall own and maintain all
landscaping installed in the public right-of-way, by the 'Owner' or it's assigns
7. C~ If for any reason the City decides that it needs the right-at-way ot Swinton
Avenue th~hall have the right to remove the landscaping and improvements at its sole
cost and expense and without reimbursement to Owner or it's assigns.
8. The 'Owner', its assigns and successors, shall indemnify, defend and
hold harmless the City, its officers and employees from all suits and actions, claims, and
liability arising out of the 'Owner's' maintenance of the landscaping and irrigation in the
City's right-of-way.
9. This agreement shall constitute the entire Agreement of the parties with
respect to the subject matter of it. All prior understandings and agreements between
the parties with respect to such matters are merged into this agreement, which alone,
fully and completely expresses their understanding.
10. This Agreement shall be binding on the Parties, successors, legal
representatives, and pennitted assigns and shall be recorded in the Public records of
Palm Beach County and shall run with the land.
11. This Agreement shall be binding on the Parties, their respective heirs,
successors, legal representatives, and permitted assigns and shall be recorded in the
Public Records ot Palm Beach County and shall run with the land.
12. Notice shall be provded as follows:
As to City:
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
As to Owner:
Lennar Homes, Inc.
Broward Division
8151 Peters Road
Plantation, FL 33324
13. Prior to assignment of this Agreement to an entity other than a
condominium association or homeowners association, the assignment must be
11-30-2006 11 :53AM FROM-WEINERARONSON
+
T-353 P.005/005 F-076
approved by the City Manager of Delray Beach. which such approval will not be
unreasonably with held.
14. This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida and venue shall be in Palm Beach County. .
IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be
duly executed on their behalf this _ day of I 200_"
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
City Clerk
Approved as to legal form:
City Attorney
- ~
-I/. f/. rf ~ I/,.-~ ~
t#~ v
(P In! o~ Type Name)
i'\_ . - I. The foregoing instrument was acknowledged b~fore me this :?- 7 day of
~. - 200~, by G,M'7 /1? .6/~'-, r,'p. . as
~~ - /r~s t~ (name of officer or agent, title of officer or agent), of
L~ +- ~ ( I~-. .:;. I t..- '-C.- (name of Corporation acknowledging), a
PrtTY, ~ (state or place of incorporation) cOrPO"riflon. on behalf of the
corporationf-'-~ He/She is personally known to me or has produced
(type of~tification) as id tification.
~~ ~
Si nature of Perso aking Acknowledgment
7)n.../"1f- c... ~P6~
Name Typed, Printed or Stamped
TANIA C. CAMPBELL
MY COMMISSION 1/ DO 320542
EXPIRES: August 8, 2008
Bonded Thru Nolary Public Underwriters
VILLAGES AT SWINTON SQUARE
EXHIBIT 'A'
R/O/W LANDSCAPE MAINTENANC:
AGREEMENT
LANDSCAPING ON SOUTH
SWINTON AVENUE ADJACENT
TO F.E.C. RAILROAD
... ,41 f:;-,'
-t .~
I
,I 1 ,J
o*'
JlI1!1
MEMORANDUM
FROM:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Manager ~
Joseph saff~ance Director
TO:
THROUGH:
DATE:
January 09, 2007
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
JANUARY 16,2007 - PURCHASE ORDER INCREASE
FOR FREIGHT CHARGES FOR TANNER INDUSTRIES
Item Before Commission:
City Commission is requested to approve the increase of purchase order #637490 in the amount
of $1,589 to Tanner Industries Inc. for freight charges for delivery of a 1,000 gallon tank for the
storage of anhydrous ammonia to be located at the Water Treatment Plant.
Background:
Purchase order #637490 was issued to Tanner Industries for $14,900 for the purchase of this
storage tank at the Water Treatment Plant, approved by City Manager on August 10,2006.
The invoice for this tank included freight charges of$I,589 for delivery of the tank from Apopka
Florida to the City of Delray Beach. At that time the City did not include the freight charges as
the Water Treatment Plant Manager was questioning the shipping location listed on the invoice
per attached fax message to Tanner Industries dated October 30, 2006.
The Manager of the Water Treatment Plant is now requesting the increase of this purchase order
#637490 for the freight charges after inquiring about the charges and change in shipping
locations. See attached memo dated January 05, 2007 from Water Treatment Plant Manager.
Recommendation:
Staff recommends the approval for the increase of $1,589 to purchase order #637490 to Tanner
Industries Inc. for freight charges for delivery of the 1,000 gallon tank for the total amount of
$16,489. Funding from account code 441-5122-536-64.90 (Water/Sewer, Water Treatment &
Storage, Other Machinery/Equipment).
Attachments:
Memos From Water Treatment Plant Manager
Invoice #110598 from Tanner Industries
PO #637480 to Tanner Industries
~.r
Page I of I
Rooney, Jackie
From: Ironside, Gillian
Sent: Friday, January 05,2007 12:10 PM
To: Rooney, Jackie
Cc: Bullard, John
Subject: Tanner Industries PO # 637490
Jackie: Would you please do a change order to the above PO. Increase the amount of $14,900.00 to $16,489.00.
This is due to freight charges being increased by $1,589.00. Originally the tank was coming from Apopka Florida
but in fact the tank came from Natalbany, Louisiana.
Thanks
Gill
1/5/2007
Page I of I
Rooney, Jackie
From: Bullard, John
Sent: Friday, January 05, 2007 3:23 PM
To: Rooney, Jackie
Cc: Ironside, Gillian
Subject: Tanner Industries PO # 637490 Approval
Jackie,
It is okay to proceed to commission for approval of Tanner Industries PO # 637490. We have decided not to
contest the additional freight charges. Tanner Industries is one of our best suppliers and the change in
shipping location is legitimate. Thanks.
John M. Bullard
WTP Manager
1/5/2007
10/30/2006 13:13 FAX 561+243+7316
DELRAY WATER TREATMENT
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AGENDA ITEM NUMBER:
~.E
AGENDA REQUEST
Request to be placed on: January 16, 2007
Date: January 09, 2007
..M.- Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approval for increase of purchase order #637490 to Tanner Industries for freight charges of
$1,589 for the delivery of the 1,000 gallon tank for storage of anhydrous ammonia to be located at
the Water Treatment Plant. The total of the purchase order would therefore increase to $16,489.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve increase of $1 ,589 to purchase order #637490 to Tanner Industries for the delivery of a
1,000 gallon tank for storage of anhydrous ammonia for the Water Treatment Plant. The total of
the purchase order would therefore be $16,489.
4:.~
Funding from account code 441-5122-536~90 (Water/Sewer, Water Treatment & Storage,
Other Machinery/Equipment).
Department Head Signature: ~ ~' ~~
Determination of Consistency with Comprehensive Plan: ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on. all itp~ involving expenditure of funds):
~ 1)"101
Funding available: es ~ No
Funding alternatives: (if applicable)
Account Number: tiLt / - Sll7 - S;-5~ . hI{ --9u
Accountoescription: C5-f1ur H'tlGCU ~ { eg Uf'f'
Account Balance: 1-/ -S, () 0 D
.
City Manager Review:
Approved for agenda@ wi! No
Hold Until: ~
Agenda Coordinator Review:
Received:
FROM:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLlNG, AICP, DIRECTOR OF PLANNING & ZONING 11 ~ -uJvvJA... f-
MEETING OF JANUARY 16, 2007 **CONSENT AGENDA**
AUTHORIZATION FOR MIS TO PROCEED WITH THE ACQUISITION OF THE
HTE SOFTWARE MODULE FOR PLANNING AND ZONING AND
ENGINEERING
TO:
SUBJECT:
The item before the City Commission is authorization of the acquisition of HTE software in the
amount of $49,190.00 and Selectron software in the estimated amount of $6,000 to be utilized
for the Planning and Zoning and Engineering Departments for project tracking. The HTE
software will be similar to the system utilized by the Building Department for project and permit
management. The Selectron software portion of the proposal will facilitate the development of a
custom web interface allowing access by the public to track information from the web. This
interface will function similar to the current plan review inquiry and the new feature will be
hosted on the same web server as the web permits and web utility. The software will be
installed in late February, and the web interface development should begin in March.
The software requests were endorsed by City Commission at their Workshop of September 12,
2006 as a recommendation coming out of the internal audit of the development review and
building permit process. The money for the software is in account # 001-2511-515- 66-10 which
was approved as part of the Planning and Zoning 2006/2007 budget.
By motion approve and authorize the acquisition of the HTE software and Selectron software for
the Planning and Zoning and Engineering Departments.
Attachment:
· HTE Summary dated December 12, 2006
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Page 2 of3
Director of Planning and Zoning
City Of Delray Beach
100 N.W. 1st. Avenue
Delray Beach, Florida 33444
561-243-7040
dorling p@ci.dekay-beach.f1.us
From: Buzzelli, Guy
Sent: Tuesday, December 19, 2006 12:03 PM
To: Butler, Lula; Dorling, Paul
Subject: FW: Selectron web application for the Planning and Engineering application
Lula and Paul,
Please see Paul's email below concerning the web application. We wi~rf8t need the HTE hardware that was in
your current proposal of $3,290. The cost to write the new software is , O. If this is Ok with both of you then
per our meeting Paul's department was brinQinQ this to the City Commission for aoorovaL
Once we have City Commission approval we will get the project going per our meeting.
Please let us know if there is anything else.
Respectfully,
Guy
From: Fleetwood, Paul Blair
Sent: Tuesday, December 19, 2006 6:57 AM
To: Buzzelli, Guy
Subject: Selectron web application for the Planning and Engineering application
Guy, I've spoken with Selectron Technologies, Inc. Sales Representative Randy
Rustebakkeand Sales Engineer Justin Beckham, regarding the development of a custom
web interface to the SunGard HTE Planning and Engineering application. As there is
currently no API published by HTE for this application and we are not yet in possession
of the application, the conversation was rather speculative; however, we were able to
proceed under the assumptions that the desired inquiry will function similarly to the_
current Plan Review inquiry' that I will develop the SQL query to feed it, as I did for the
Plan Review inquiry; that the new feature will be hosted on the same web server as are
WebPermits and WebUtility; that the Planning and Engineering a(plication will be
installed in early February. when we are scheduled to install version 5 of the HTE
applications; and that development will commence once I have had an opportunity to study
the application's database and the users have become adequately familiar with the new
application to be able to participate in the development of the interface. Given these
assumptions, the Selectron representatives feel confident that they will be able to build
a custom interface, with deve~ment beginning as early as the beginning of Marc!1, and at
~cost to us of no more than six thousand dollars. .~
Paul Blair Fleetwood. Senior Programmer I Analyst. Information Technology. City of Delray Beach. 100 NW First Avenue, Delroy
Beach. FL 33444 . Phone 561-243-7146 (Mon.- Thu.. 6:00 AM - 4:00 PM EST)
1/8/2007
~.F
AGENDA ITEM NUMBER:
AGENDA REQUEST
Date: January 16, 2007
Request to be placed on:
X Consent Agenda
Regular Agenda
Workshop Agenda
When:
January 16, 2007
Description of agenda item: Acquisition of HTE software ($49,190) and Selectron software
($6,000 estimate) for the Planning and Zoning and Engineering
Departments. The HTE software will be similar to the system utilized by the Building Department
for project and permit management. This Selectron software portion will be developed to facilitate
the development of a custom web interface allowing access by the public to track information from
the web.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation: Approve and authorize the acquisition of the HTE hardware and software
for the Planning and Zoning and Engineering Departments.
Department Head Signature:
/rIu'^- AA,.JlJ,.L
Mark McDonnell, Assistant Planning and Zoning Director
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 ~ X
001-2511-515-66-10 (software)
Funding alternatives (if applicable):
No
Account Number:
Account Description:
1- S 1 ;St, 0 .... ~ 31~c:O Q..v<>~ ~"'Sr.; EV1-. ~.S
Account Balance:
City Manager Review:
Approved for Agenda:
GP
~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
fA
e
ADMINISTRATIVE SERVICES
MEMORANDUM
DATE:
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
January 8, 2007
TO:
FROM:
SUBJECT:
Agenda Item - City Commission Meeting January 16, 2007
Approval Sponsorship Sales Agent Agreement
Action:
City Commission is requested to consider approval of a Sponsorship Sales Agent
Agreement with the Leverage Agency, LLC to help sell five (5) sponsorships allotted to
the City for the FED Cup event. Funding would come from account #001-4210-575-5544.
Backe:round:
Attached is a proposed agreement between the City and Leverage Agency, LLC to serve as
a sales agent for the sponsorships allotted to the City for the FED Cup event. This
agreement has been reviewed by the City Attorney and has been approved as to form.
The term of the agreement would be through April 21, 2007. The compensation for the
agreement would be $4,000 per month with a $2,000 credit per month for commission
earned. The commission compensation is proposed to be 20%. Sales commissions would
not apply to any grants that we might receive.
Attached is a copy of the sponsor matrix per our agreement with the UST A as well as a
proposed sponsor value packet. It is hoped that the cost of the agreement will be recouped
by sponsorship sales. If all sponsorships are sold at the proposed value, the net income
would be $80,000.
Recommendation:
Staff recommends approval of the proposed Sponsorship Sales Agreement with Leverage
Agency, LLC with funding to come from account #001-4210-575-55-44.
RAB/db
Attachment
U:\Agenda\Memo to DTH Agenda Item City Commission Meeting January 16, 2007.doc
~.G
SPONSORSHIP SALES AGENT AGREEMENT
This agreement ("Agreement') dated January _, 2007, is made by and between
Leverage Agency, LLC ("Leverage"), a New York limited liability company and the city
of Delray Beach, Florida ("Delray"), a municipality in the State of Florida.
WHEREAS, Delray wishes to retain Leverage as an independent sales contractor, and
Leverage wishes to be retained in such capacity and perform certain services on behalf of
Delray.
THEREFORE, the Parties hereto agree as follows:
I. Services. Delray is city in Florida which will be hosting the USA versus Belgium
Fed Cup by BNP Paribas first round scheduled for April 20-21, 2007 and wishes to
promote the event to sponsors. Delray hereby contracts Leverage to perform the
following services in accordance with the terms and conditions set forth in this
Agreement: To create sponsorship sales materials and evaluate, price and act as
exclusive sales agent and sell sponsorships for the Fed Cup event.
2. Delray's Duties. Since sponsorship sales significantly rely on preferences and
event details, Delray shall supply Leverage with all necessary information, sales
materials, and the like, relating to this Agreement within a reasonable amount of
time. Delray is aware that delays in supplying information, preferences, and
changes may cause delays in completing work.
3. Terms of Agreement. This Agreement is to commence upon execution and operate
through April 21, 2007. This Agreement shall not commence prior to the USTA
and City executing the Agreement for the Fed Cup, and if that agreement is
terminated by either the USTA or City, this Agreement shall likewise terminate.
4. Location and Time. Leverage shall devote its best efforts, at the times and places
it reasonably deems appropriate to its duties hereunder. However, it is expressly
agreed that Leverage may serve as an agent, salesperson, consultant, manager,
investor, or employee to other persons or companies without limitation.
5. Compensation and Expenses. As consideration for the consulting servIces,
Delray shall pay Leverage as follows:
a. The sum of four thousand dollars ($4,000.00) per month, due on the 15th of
each month, of which two thousand dollars ($2,000.00) shall be credited
against commissions earned, and
b. Delray shall pay Leverage a commission in the sum of twenty percent
(20%) of any cash sponsorships it receives, regardless of the source,
exclusive of grants received from Palm Beach County, due and payable
within thirty (30) calendar days of receiving the sponsorship. If any
,I'!i' 0'1
accepted sponsorships are made in kind rather than in cash, Delray shall
procure a statement of value from the sponsor or a reputable appraiser
within thirty (30) calendar days and a commission of twenty percent (20%)
shall be due and payable within thirty (30) calendar days of Delray
receiving the sponsorship items. If a statement of value from the sponsor or
a reputable appraiser is not procured by Delray within thirty (30) calendar
days, Leverage may select an appraiser and said appraiser's valuation shall
be binding.
c. Leverage shall be reimbursed by Delray for airline travel, hotel
accommodation, and other expenses which have been pre-approved in
writing by Delray for the purpose of promoting sponsorships to third Party
companies and their representatives and said expenses shall be reimbursed
by Delray in full within twenty (20) calendar days after the receipt of an
invoice from Leverage along with copies of all related expense receipts.
d. It is agreed that payments not received by Leverage within twenty (20)
calendar days of being due will be subject to an unprorated late charge of
five percent (5%) ofthe sum due and interest at 1.5% per month.
e. Delray may elect not to accept a sponsor for any reason and shall notify
Leverage of the reason for a rejection in writing deliverable by either email
or facsimile correspondence to Leverage.
6. Binding Effect. This Agreement shall inure to the benefit of and be binding upon
the respective heirs, executors, successors, representatives, and assignees of the
Parties, as the case may be.
7. Entire Agreement and Amendment. This Agreement replaces all previous
agreements and the discussions relating to the subject matters hereof and
constitutes the entire agreement between Delray and Leverage with respect to the
subject matters of this Agreement. This Agreement may only be modified in an
addendum format in writing which is fully endorsed by both Delray and Leverage.
Upon its execution, this Agreement shall supersede all prior negotiations,
understandings, and agreements, whether oral or written, and such prior agreements
shall thereupon be null and void and without further legal effect.
8. Severability. If, for any reason, any provision of this agreement is held invalid,
all other provisions of this agreement shall remain in effect.
9. Governing Law. This Agreement shall be governed by and construed in
accordance with the Laws of the State of Florida. Venue for any cause of action
shall be in Palm Beach County, Florida.
10. Captions. The captions and headings in this Agreement are for convenience only
and shall not be construed to limit or define the terms of this Agreement.
2
11. Rights: Delray warrants and represents that it controls all of the unrestricted rights..
subject to its contract with Florida Coca-Cola Bottling Company, in and to its
productions and is free to enter into this Agreement and that by doing so, neither
Delray nor Leverage shall violate, interfere with or adversely affect the rights of
any third Party whatsoever.
12. Independent Contractor: Leverage shall be deemed to be an independent
contractor hereunder and shall not be considered to be an agent, servant, joint
venturer or partner of Delray. All persons furnished, used, retained or hired by or
on behalf of either Party hereto shall be that Party's sole and individual
responsibility with respect to the payment of any and all unemployment, social
security and other taxes for such persons, including any related assessments or
contributions required by law.
13. Notices: All notices and/or submissions hereunder shall be sent via reputable air
courier service, hand delivered or mailed, certified mail, return receipt requested, to
the Parties at the following addresses, or such other addresses as may be designated
in writing from time to time:
To Delrav:
City of Delray Florida
City Manager
100 N.W. 1st Avenue
Delrav Beach. FL 33444
To Leverage:
Leverage Agency, LLC
Ben Sturner, Manager
515 Madison Ave., Suite 1909
New York, NY 10022
14. Representations and Warranties. Each Party represents and warrants that it has
the full power and authority to enter into this Agreement, and to fully perform all of
its duties and obligations hereunder, and that its performance hereunder shall not
infringe on any rights of any third party(s).
15. Waiver. The failure of either Party at any time or times, to demand strict
performance by the other of any of the terms, covenants or conditions set forth
herein shall no be construed as a continuing waiver or relinquishment thereof and
either may at any time demand strict and complete performance by the other of said
terms, covenants and conditions.
16. Assignment. This Agreement or any part hereof may not be assigned or transferred
by either Party without the express prior written consent of the other.
17. Execution. This Agreement may be executed in counterparts, each of which shall
be deemed an original and all such counterparts together shall constitute but one
and the same instrument. The Parties also agree that this Agreement shall be
binding upon the faxing by each Party of a signed signature page thereof to the
other Party.
3
IN WITNESS WHEREOF, the Parties have executed this Agreement effective the date
first stated above.
Leverage Agency, LLC
Benjamin Sturner, Manager
City of Delray Florida
By:
Title:
4
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MYDELRA YBEACH COM
City of Delray Beach
Administrative Services Memorandum
FROM:
David T. Harden, City Manager
gtJRobert A. Barcinski, Assistant City Manager
Agenda Item City Commission Meeting January 16, 2007
Ratification Sister Cities Committee Board of Directors 2007
TO:
SUBJECT:
DATE:
January 5, 2007
Action:
City Commission is requested to ratify the slate for the Board of Directors for the Sister
Cities Committee for calendar year 2007 as attached.
Backaround:
At their annual meeting held on January 4, 2007, the membership of the Sister Cities
Committee unanimously approved the proposed slate of Directors for calendar year
2007. Per their By-laws there may be up to twenty-two (22) Directors. The slate
presented included twenty-two (22) appointees, six (6) at-large, eight (8) for the Moshi
Committee, and eight (8) for the Miyazu Committee.
Recommendation:
Staff recommends ratification of the proposed slate of Directors for the Sister Cities
Committee for 2007 as per the attached.
RAB/db
Attachment
U:\Sister Cities\Agenda Sister Cities Board of Directors 2007.doc
g.~
DELRA Y BEACH SISTER CITIES
Established 1977
Board of Directors
The organization is incorporated as a non-profit association and is governed by a Board
of Directors. The organization has subcommittees for each of its affiliate sister cities
and for a youth subcommittee. The affiliate sister cities to date are Miyazu, Japan since
1977 and Moshi, Tanzania, East Africa since 2000.
For the year of 2007, the Nominating Committee of Delray Beach Sister Cities presents
the following slates for the Board of Directors:
1. Nominations for reappointment/appointment to the Board of Directors for year
2007
Dale Briese
Charlotte G. Durante
Lourdes Engroff
Daisy Fulton
Charles Hardiman
Beth Johnston
Nancy King
Ngozi Mensah
Rhonda Mensah
Chieko Mihori
James Mihori
Clovis Moodie
Peggy Murphy
n'Detenga n'Gurumo
Patsy Nadal
Maria Nhambu
Reiko Nishioka
Morton Noble
Becky O'Connor
Nancy Polin
David W. Schmidt
William F. Wilsher
2. Nominations for Officers of the Board of Directors for year 2007
David Schmidt, President
Ngozi Mensah, Vice-President
William Wilsher, Secretary
Rebecca O'Connor, Treasurer
U:\Sister Cities\Agenda Sister Cities Board of Directors 2007.doc
~
.
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
David T. Harden, City Manager
pr; Robert A. Barcinski, Assistant City Manager
FROM:
DATE:
January 9, 2007
SUBJECT:
Agenda Item - City Commission Meeting January 16, 2007
Special Event Request - Annual Delray Beach Winter Street
Craft Festival
Action:
City Commission is requested to endorse the 10th Annual Delray Beach Winter Street Craft
Festival to be held on February 24 & 25, 2007 from 10:00 a.m. to 5:00 p.m., to grant a
temporary use permit per LDR Section 2.4.6(F) for the use of NE/SE 4th Avenue, one
block north/south of Atlantic Avenue as well as the north end of Hand's parking lot for
vendor parking, and to authorize staff support for security and traffic control and to permit
an event sign be erected on Atlantic Avenue just east of 1-95, 10 days prior to the event per
City Code.
Back2round:
Attached is the letter and permit application received from Howard Alan Events, Ltd. for
this event. The City is requested to provide police security and traffic control for this
event. The event sponsor will provide vendor management and set up, site clean up,
barricades, and port-o-Iets. Estimated overtime costs for the event are $7,000. Cost may
be reduced if the vendor utilizes private security for night time coverage. Also attached is
a budget, site plan, certificate of insurance, and hold harmless agreement. Per event
policies and procedures, the event sponsor is responsible for payment of all City costs.
Recommendation:
Staff recommends endorsement of the event, approval of the temporary use permit for the
street closure, and parking lost use, and approval of staff support for police security and
traffic control with the sponsor paying all overtime costs.
RAB/db
Attachment
U:\Agenda\Annual Delray Bch Winter Street Craft Festiva1.doc
g.1
:fi~m=--
RECEIVED
JAN 0 J 2007
A~,=>>10 TANT
CtTY MANAGER
January 8,2007
Mr. Robert Barcinski
Assistant City Manager
City of Delray
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mr. Barcinski:
We are planning for the 10th Annual Downtown Delray Craft Festival, to be held February 24 & 25,
2007 on 4th Avenue starting from NE 1st Street to SE 1st Street. Atlantic Avenue and bypasses will remain
open.
Please be advised that the following logistics for the 10th Annual Downtown Delray Craft Festival will
be arranged:
Street Closure: NES will drop off barricades on Friday, February 23, 2007 and our employees will set
them up early on Saturday morning, unless we are advised that the City of Delray will again order the
barricades and set them up.
Police: Lt. Milenkovic at the Delray Police Department will arrange for police and security from 10am -
pm on Saturday and Sunday and overnight security officers on Saturday from 6pm-6am.
Port-O-Lets: 3 regular and 1 handicap port-o-Iets will be ordered through Able Sanitation and will be
dropped off on Friday, February 23, 2007 and will be picked up on Monday, February 26, 2007, with
servicing on Sunday February 25, 2007. They will be placed next to the Library.
Dumpster: A 20-yard roll-off dumpster is ordered from Southern Waster and will be placed next to the
portolets as noted above. It will be dropped off on Friday and picked up on Monday as well.
Trash Receptacles: Trash receptacles will be supplied and maintained by our professional clean-up
crew, Rollis (Tents 4 Events). They will handle clean up of the trash throughout the area each day.
Vendor Parking: Parking will be at Hand's parking lot (North side next to NE 1st Street)
Insurance: City required certificates will be issued.
As always, we greatly appreciate your great help and time that you put into these events. If you have any
questions, please feel free to call me at (954) 472-3755 ext 10.
Sj(~'L~
Nanci Bernstein
Operations Director
9695 W Broward Blvd. Plantation, FL 33324. (954) 472-3755. Fax (954) 472- 3891
www.ArtFestival.com
City of Delray Beach
Special Event Permit
Application
DElIAY BEACH
.....
;~iir
1993
2001
PLEASE PRINT
Event Approved/Denied Date of Approval/Denial
Approved/Denied by Title
1. Event NamefTitle: J(}<6 fi,,,nud, Do~ )~ 'BUJr~fJvcJ..
2. Event Date(s): Even Time(s)t, I I.
H:.b~d 6,)\.{.... ~:S. ::JOb, 10 14-1\4 -~pm ~/J01
3.
4.
5.
6.
7.
8.
Event Sponsor/Producer: 1
Event ContacUCoordinator:
Address:
Telephone Number: ~~ ~~~ar Number: ':J;EJ.. Ie "1- Fl~
E-mail Address: 'v\a.. a.. e:&. ~;t
Event Description: 0 p~ ' ~
9.
then please skip questions #10-35 and go to /
City 0 Non-ProfiUCharitable 0 Private v;/
10.
12.
Site plan attached:
(Site plan required for entire event site) /
Event budget attached: yes v nOL
(Required for all events)
Serving or selling alcoholic beverages: yes no
(If yes, copy of license and alcohol liability insurance 7eqUi d two (2) weeks prior
to event)
Event certificate of insurance attached: yes no
(Required two (2) weeks prior to event naming the City as additional insu"7d, 0
required for vendors)
Playing of amplified music: yes~ no
(Waiver required)
Requesting Police assistance: yes no
(Traffic control/security)
13.
14.
15.
16.
1
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
yes
no /
Will supplement with private security:
(If yes, need plan attached)
Requesting Emergency Medical assistance: yes /
Requesting barricade assistance : yes ~ f2,tt!I
Requesting trash removal/clean up assistance: yes
Requesting trash boxes and liners: yes
Requesting stage use: yes
(If yes, check type)
Large stage covered 0 Large stage no cover 0 Small stage 0 Half small
stage 0
Requesting signage : / yes / no
Type: Event sign (4'x4') J Directional signs ../ .~ ~ ~v ,-.,c;.
Banner hanging Indicate dates required,
(Waiver required if more than one (1) week prior to e"'nt)
Food and beverage vendors: yes V no
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor which is due no later
than one week prior to the event . 5
no--?-
~~~..//
no
no
JfMd~A~
co~~/CIt
no~~ .c.-4
no ....r 'Ir:~
no
Health Department approval: (see attached) yes
Other vendors: yes .
Tents:lbX \0 +~ y.(,.\-a..rb.~ CD.tlo~\6 yes . /
(If yes, tent permits and fire inspections maybe neeaed)
Will the event include amusement rides? requiring state approval? /
yes no ~
(If yes, type and location and copy of liability insurance required)(Also,
please provide the name, address and contact phone number for each
amusement provider along with copies of their liability insurance)
yes
/
::=4
no ~
33.
Will the event be gated?
(Show on-site map)
Will there be fireworks or other pyrotechnics? yes
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas? yes-,L-
(If yes, contact Fire Marshall) /
Will you be providing port-a-Iets for the event? yes '" no
(If yes, locate on-site map. If no, indicate how you will handle restr~
needs) ~/ /
Will there be a charge for the event? yes no .......;
(If yes, indicate ticket prices)
Is reserved parking requested? yes no
(If yes, indicate locations)
34.
2
35. Nei hborhood Block Parties Hei hborhood block arties onl
. Is event sponsored by the Homeowner's Association? yes_ no_
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following: 1 ) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event.3)
Consumption or sale of alcohol on City rights-of-way will not be
permitted A) Structures other than barricades are not allowed in City
rights-of-way. 5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
event.
I
Date
~'
EventCo~tra~/Coord~~l
Please print: Ct.i\ei "
Please enclose the appropriate non-refundable application fee payable to the City of
Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use Only I I ~ If)?
Date Received 1'1 (I
Application fee received $ /t;O ,/q /'1)1
Site map
Budget
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501 c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
American Craft Endeavors
10th Annual Downtown Delray Craft Festival
February 24 & 25, 2007
PROPOSED BUDGET FOR FEBRUARY 2007
Income
Number of Crafters 110 Crafter Revenue $16,500
Number of Food Vendors 3 Food Vendor Revenue $1,049.40
Total Revenue $17,549.40
EXPENSES
Advertising :
Boca Raton News Expense $708.50
Palm Beach Post Expense $1,551.12
South Florida Newspaper Expense $325.00
Sun Sentinel Expense $1,544.80
Advertising SubTotal $4,129.42
Services :
Perm it Palm Beach County Health Expense $25.00
Signage AA Sign Lines Expense $600.00
Sanitation - Portolets Able Sanitation Expense $503.50
Sanitation - Dumpsters Southern Waste Expense $746.36
Sanitation Tents 4 Events Expense $425.00
Barricades Bob's Barricades Expense $350.00
Security City Of Delray Beach Expense $1,059.08
Rentals Tents 4 Events Expense $400.00
Graphics for advertising Expense Expense $75.00
Payroll Helayne Stillings & Staff Expense $1,677.80
Rental Property Delray Joint Venture Expense $2,000.00
Lodgings and meals, travel Expense $400.00
Two Million Dollar liability ins policy Expense $650.00
Administrative Overhead telephone, mailings,etc Expense $1,100.00
Service SubTotal $10,011.74
Total Expenses $14,141.16
Show Profit $3,408.24
N.E. 2nd Street
N. E. 151 Street (open)
XXXXXXXXX
~~Q)
o"=\t~
.c . Q)
(f.)w>
itA <(
XXXXXXXXX
East Atlanic Avenue (open) Beach ~
xxxxxxxxx
CD
:J
C
(J)
O~ ~
.c .c .e::- 1'~t-\~s ~ ~e.R
CI)~
-.- 1-95
Library
I
.. . . - Represent booths
: - not actual amount or scale
S. E. 2 nd Street
American Craft Endeavors
Del ray Layout
AMB
CERTIFICATE OF INSURANCE ISSUE DATE (MMlDDIVY)
1259939 6/13/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
K & K Insurance Group, Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
1712 Magnavox Way CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
P.O. Box 2338 COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Wayne, In 46801
COMPANIES AFFORDING COVERAGE
INSURED COMPANY A
LETTER GREAT AMERICAN ASSURANCE COMPA
HOWARD ALAN EVENTS LTD (SEE GAB001)
9695 W. BROWARD BLVD. COMPANY B
PLANTATION, FL 33324 LETTER
COMPANY C
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NC=NOT COVERED
CO. TYPE OF INSURANCE !POLICY EFFECTIVE POLICY EXPIRATION
LTR POLICY NUMBER DATE (MMlDDNY) DATE (M\IIIDDNY) LIMITS (in thousands)
General Liability 12:01AM 12:01AM General Aggregate $ NONE
A IX] Commercial General Liability PAC0788942204 3/05/06 3/05/07 Products-Com plOps Aggregate $ 5000
D Claims Made IiUOccur. Personal & Advertising Injury $ 1000
DOwner's & contractors Prot. Each Occurrence $ 1000
0 Fire Damage (Anyone fire) $ 300
Medical Expense (Anyone person) $ C;
Participant Legal Liability $ Nr'
Automobile Liability 12: o lAM 12:01AM Combined
A o Any auto 3/05/06 3/05/07 Single $ 1000
PAC0788942204 Limit
B All owned autos Bodily
Scheduled autos Injury $
I (per person)
IX] Hired autos Bodily
Iil Non-owned autos Injury $
I(oer accident)
o Garage Liability Property
0 Damage $
Excess Liability 12:01AM 12:01AM Each Aggregate
A Iil STRAIGHT EXS EXC0788942304 3/05/06 3/05/07 Occurrence
iii Other than Umbrella form $ 1000 $ 1000
Workers' Compensation Statutory
and $ Each Accident
Employers' Liability $ Disease-Policy Limit
$ Disease-Each Employee
AD&D $
Participant Primary Medical $
Accident Excess Medical $
Weekly Indemnity $ X
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS
THE CERTIFICATE HOLDER IS LISTED AS AN ADDITIONAL INSURED BUT ONLY WITH
RESPECT TO LIABILITY ARISING OUT OF THE ACTIVITIES OR OPE~!ION7;~~, THE NAMED
INSURED. RE: 10TH ANNUAL DOWNTOWN DELRAY BCH. CRAFT FEST 2 24-2 25 07 CG2024
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CITY OF DELRAY CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
100 NW 1ST AVENUE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS
DELRAY BCH, FL 33444 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE
NO OBLIGATION OR LIABILITY OF ANY K1j UPON THE
COMPANY, ITS AGENTS OR REPR~TATIV~ ""'
AUTHORIZED REPRESENTATI~. K !J ~ VI
____.~ I J .-
SL39 / Uc-- =J 1-92
01/08/2007 16:11 FAX 5612437199
CITY MANAGERS OFFICE
141001
HOLD HARMLESS AGREEMENT
TffiS HOLD HARMLESS AGREEMENT, is entered into this R day of
~ 201:iJ by and between tb.e CITY OF DELRA Y BEACH, FLORIDA, a Florida
municipal corporation <hj,inafter referred to as "CITY") and
.4walOU1 0J:1 ~~ A{<ltI iY~1?ereinafte[ referred to as "EVENT
SPONSOR").
WIT N E SSE T H:
WHEREAS, EVENT SPONSOR seeks to hold a special event known as
/Ov+ A,."Ll..Q..~~ ~ (j"pf- ~f:-t held on JJy"""i .;J<.f~,)~~)
(hereinafter referred to as the "Event"); and
WHEREAS, the Event will be held within the City limits of Delray Beach; and
WHEREAS, the City Commission has detennined that such an Event promotes the
public's health, safety and welfare.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2.
Indemnification.
EVENT SPONSOR, for good and valuable consideration,
agrees to defend, indemnify. and hold harmless the CITY, its agents, officers, employees and
servants from any and aU suits, causes of action or any claim whatsoever made, and damages,
which may result from any activity conducted by EVENT SPONSOR, its agents, employees,
assigns or contractors, in relation to the Event.
I
I
j
I
I
r
I
i
I
I
I
I
I
r
01/08/2007 16:11 FAX 5612437199
CITY MANAGERS OFFICE
141 002
3. Insurance. EVENT SPONSOR shall obtain insurance covering the Event in the
amounts and of the types specified in Exhibit "A" attached hereto which is incorporated herein as
if fully set forth.
4. GoverniDl! laws; venue. This agreement shall be governed by the laws of the
State of Florida. Any proceeding initiated to enforce the provisions of this agreement shall be
brought in the State or Federal courts located in Palm Beach County, Florida.
5. Bindine Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
6. Entire Af!J'eement. This Agreement shan constitute the entire agreement of the
parties with respect to the subject matter of it. All prior understandings and agreements between .
the'parties with respect to such matters are merged into this Agreement, which alone fully and
completely expresses their understanding.
7. Amendments. This Agreement may not be amended, modified, altered, or
changed in any respect, except by a further agreement in writing du1y executed by each ofthe
parties hereto.
8. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies Wider or by reason of this Agreement upon any person
other than the parties hereto and their respective heirs, successors, legal representatives, and
permitted assigns, nor is anything in this Agreement intended to relieve or discharge the
obligation or liability of any third persons to any party to this Agreement, nor shall any provision
thereof give any third person any right of subrogation or action over or against any party to this
Agreement.
2
01/08/2007 16:11 FAX 5612437199
CITY MANAGERS OFFICE
~003
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the
day and year first written above.
A nEST:
CITY OF DELRA Y BEACH, FLORIDA,
a Florida mWlicipal corporation
By:
By:
City Clerk
Jeff Perlman, Mayor
Approved as to Fonn:
I
By: I
City Attorney
WIlNESSES:
(print or type name)
::?~~0
(print or type name)
(print or type name)
(SEAL)
STATE OF FLORIDA
COUNTY OF t3enWf:\~c1
The foregoing instrument
v ,2001py
officer or: a ent) of -+-\l
acknowledging), a
of the corporation.
an oath.
..,,;;:;t?.'~~:;;-.. MARK R. KINNEY
f*~."rf,;;.".~;;. MY COMMISSlmi # DO ?66028
%i',~,~'.,.!' EXPIRES NOV8ii1tJer 11, 2007
~'i.1;,9f. ~~~~~" Bont!8d Th: u t'iO:oHY Puol:c I.!rder..\'rilers
j .:ti~ldllL.l~.~
1L
3
01/08/2007 16:12 FAX 5612437199
CITY MANAGERS OFFICE
~004
Initials
EXHIBIT A
INSURANCE REQUIREMENTS OF THE CITY OF DELRA Y BEACH
EVENT SPONSOR shall not commence operations under the terms of this Agreement
until certification or proof of insurance, detailing terms and provisions of coverage, has
been reeei ved and approved by the City of Delray Beach Risk Manager. If you have any
questions call (561) 243-7150.
The following insurance coverage shall be required.
A. Worker's Compensation Insurance, as required by law, covering all employees
and providing benefits as set forth in Chapter 440, Florida Statutes and including
Employers Liability coverage, regardless of the size of your finn. EVENT
SPONSOR further agrees to be responsible for employment, control and conduct
of its employees and for any injury sustained by such employees in the course and
scope of their employment
';. . \. ,',,', i
B. Comprehensive commercial general liability insurance to include coverage for
premises and operations, independent contractors, broad form contractual
liability, personal injury,. and if items are sold, products and/or liquor liability, in
coooection with the contractua~ relationship and activities being done under this
agreement. The policy will be.endorsed to include the City of Delray Beach and
it's designees named as additional insureds.
The insurance will be ~ttep pn" an occurrence basis With the limits of liability
not less than $1,000,000.00 combined single limit per occurrence, and as an
annual aggregate, cover~gJ)odHy.injury, property damage and personal injury_
, . 1'.,:1 . ;, "
C. Motor Vehicle Liability. Ins~ance covering all vehicles associated with the
Licensee's operations to includ~ a~l owned, non-owned and hired vehicles.
The coverage will .~~tie~' 'o~' an occurrence basis with limits of liability not
less than $1 ,000,000.00 ~~bined single limit per each occurrence.
l , . . 1 ~ :.. .' ~. : . . ~ . .
D. The certification ~r prop~ of ii1~ranee must contain a provision for notification to
the City thirty (~O) days in a9vance of any material change in coverage, non.
renewal or cancellation.
EVENT SPONSOR shall fumisl1 :tq'.~~qty, Certificate(s) of Insurance evidencing
insurance required by the provisions set forth above, days prior to the holding
of the event. If so requested b.y. tb,e CllY, certified copies of insurance policies will be
provided by EVENT SPONSOR ~""
If any of the above coverages ~xpire during the term of this agreement, EVENT
SPONSOR will provide a renewal c~rtifjcate at least ten (10) days prior to expiration.
Mail to: City of Delray Deaeh, Attn. R.isk Manager, 100 N.W. I'" Avenue, Delray Beach; Florida
33444 with a copy to Assistant City .~an~ger7100 N. W. 1$1 Avenue, Delray Beach, Florida 33444
Insurance prov sp E\'tnt FORM.Bg[
1. . ~ ~ .
.
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
FROM:
DATE:
January 9, 2007
SUBJECT:
Agenda Item - City Commission Meeting January 16, 2007
Street Closure Approval- Run 4 Pun II
Action:
City Commission is requested to consider approval of the closure of Railroad Way from
9:00 a.m. to 4:00 p.m., on February 10, 2007 for the Run 4 Pun II fundraising event from
Atlantic Avenue to NE I st Street.
Backe:round:
Attached is an e-mail request received from Officer Joe Hart requesting the closure of
Railroad Way from Atlantic Avenue to NE I st Street for the Run 4 Pun II fundraising
event. Bru's Room has offered to provide services for this event and the closure would
allow more space to expand the restaurant area.
Recommendation:
Staff recommends approval of the closure of Railroad Way on February 10, 2007 from
Atlantic Avenue to NE 1st Street from 9:00 a.m. to 4:00 p.m., for the Run 4 Pun II event.
RAB/db
Attachment
U:\Agenda\Street Closing Approval Run 4 Pun II.doc
~
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. "
Page I of 1
Barcinski, Robert
From: Hart, Joseph
Sent: Monday, January 08,20073:36 PM
To: Barcinski, Robert; Harden, David
Subject: Run 4 Pun Charity Event
Mr. Barcinski and Mr. Harden, we are in the process of planning the Run 4 Pun II Fundraiser to raise money for the late Officer
Johnny Pun's Family as well as the school he help and Officer Glass created. The Bru's Room has offered their building and
services to house the event after the motorcycle run as well as provide food and drink. The event will be held on February 10, 2007.
In order to make this event successful we are looking to close off the alley from Atlantic Ave. to N.E. 1 St. in front of The Bru's Room,
on the west side of the railroad tracks. We are also asking that the alcohol ordinance be lifted for the event area only. The event
area is The Bru's Room, The parking lot to the north and the alley we are asking to be closed. If you have any questions or concerns
please call me.
Officer Joe Hart
Delray Youth Vocational Liaison Officer
561 266-2206 or 561441-0416
1/8/2007
MEMORANDUM
6/<
~
TO:
David Harden, City Manager
FROM:
Ferline F. Mesidort, C.D. Specialist
Elizabeth B. Alpert, C. D. Program Administrato~
Lula Butler, Community Improvement Director
THRU:
DATE:
January 10, 2007
SUBJECT:
Community Development Division Housing Rehabilitation Grant Award
ITEM BEFORE THE COMMISSION
Approval is requested for two (2) Housing Rehabilitation grant award(s) to the lowest responsive bidder(s). This
request is in accordance with the City's Community Development Division's approved Policies and Procedures.
. File No. 05-104 is being awarded to Alpha South Construction, Inc., the lowest responsive bidder.
. File No. 04-070 - Due to Alpha South Construction, Inc. being too far below the in-house estimate and South
Florida Construction Services, Inc. having the maximum number of allowable projects; Craftsman Plus, Inc.
was deemed the most responsive bidder.
BACKGROUND
The grant awards are based on the actual cost of the rehabilitation excluding termite inspection and treatment if
necessary, as determined by the lowest responsive bidder(s), plus a 5% contingency. The contingency may be used
for change orders and all unused funds will remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community Improvement's Building Inspection and Community
Development Division. Contracts are executed between the building contractor and the property owner. The City
remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to
specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures.
Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures.
The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and
plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are
available for review in the Community Development Division Office.
The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are
awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an in-house policy was
created to limit awards to the lowest responsible bidder as it relates to the Division's professional in-house estimate.
This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests.
This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated
amount of funding required.
RECOMMENDATION
Staff recommends awarding the bid for two (2) Housing Rehabilitation project(s) to the verified responsible low
bidder(s) and authorize award in the following amount.
~.K
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #:
2007-13
APPLICANT:
Eva Griffin
PROJECT ADDRESS:
217 SW 2nd Avenue
DATE OF BID LETTERS:
12/18/06
DATE OF BID OPENING:
01/09/07
GENERAL CONTRACTORS
Alpha South Construction
Cordoba Construction Co., Inc.
Craftsman Plus, Inc.
Haywood Construction
JMosca Builders, LLC.
Joines Construction and Development, LLC.
M & A Builders, LLC
M.B. Brown Construction
Ray Graeve & Sons Construction, LLC
Real Property Enterprises
South Florida Construction Services, Inc.
Sun Band Builders Construction, Inc.
Van Ness & Callaway Construction, Inc.
BID AMOUNT
15,350.00
27,300.00
No Bid
32,950.00
20,125.00
In-House Estimate
CONTRACTOR AWARDED CONTRACT:
Icraftsman Plus, Inc.
BID/CONTRACT AMOUNT:
5% Contingency
27,300.00
$1,365.00
28,665.00
FUNDING SOURCE:
State Housing Initiatives Partnership Program
Account # 1118-1924-554-49.19
COMMENTS: Due to Alpha South Construction being too far below in-house estimate and South Florida
Construction having the maximum number of allowable projects; Craftsman plus was deemed the most
responsive bidder.
S:renpgrm/biddocs/bid infosheet
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #:
2007-13
APPLICANT:
Theodore Robinson
PROJECT ADDRESS:
321 Roosevelt Avenue
DATE OF BID LETTERS:
12/18/06
DATE OF BID OPENING:
01/09/07
GENERAL CONTRACTORS
Alpha South Construction
Cordoba Construction Co., Inc.
Craftsman Plus, Inc.
Haywood Construction
JMosca Builders, LLC.
Joines Construction and Development, LLC.
M & A Builders, LLC
M.B. Brown Construction
Ray Graeve & Sons Construction, LLC
Real Property Enterprises
South Florida Construction Services, Inc.
Sun Band Builders Construction, Inc.
Van Ness & Callaway Construction, Inc.
BID AMOUNT
26,375.00
37,925.00
No bid bond
No bid
28,915.00
In-House Estimate
$30,592.10
CONTRACTOR AWARDED CONTRACT:
IAIPha South Construction, Inc.
BID/CONTRACT AMOUNT:
5% Contingency
26,375.00
$1,318.75
27,693.75
FUNDING SOURCE:
State Housing Initiatives Partnership Program
Account # 1118-1924-554-49.19
COMMENTS: Lowest responsive bidder
S:renpgrm/biddocs/bidi nfosheet
Agenda Item No.:
~.K
AGENDA REQUEST
Request to be placed on:
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
--!-- Consent Agenda
Date: January 10, 2007
When: January 16, 2007
Description of item: (who, what. where, how much):
File Number Address Contractor
Grant Amount
05-1 04
04-070
321 Roosevelt Avenue
217 SW 2nd Avenue
Alpha South Construction, Inc.
Craftsman Plus, Inc.
$ 27,693.75
$ 28,665.00
ORDINANCE/RESOLUTION REQUIRED: YES/NO
Draft attached: YES/NO
Recommendation:
Staff recommends approval of two (2) State Housing Initiatives Partnership (SHIP) Housing Rehabilitation
Grant(s) in the amount listed above for a total award of $ 56,358.75
SHIP Total:
$ 56,358.75
Account Number: 118-1924-554-49.19
~~f .
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~O t;tI:J.
Funding Alternatives:
Account No. & Description: /I
Account Balance: -f.
~ fl1rt17/itiaf,~
City Manager Review:
Approved for Agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO: MAYOR AND CI~_C9rMISSIONERS
FROM: CIlY MANAGER ~ ! _
SUBJECT: AGENDA ITEM # 1." L - REGULAR MEETING OF JANUARY 16.2007
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
JANUARY 12, 2007
Attached is the Report of Appealable Land Use Items for the period January 2, 2007 through January 12,
2007. It informs the Commission of the various land use actions taken by the designated boards that
may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\AGENDA COVER MEMOS\Appealable Agenda Memos\2007 Appealable Agenda Memos\apagmemo 011607.doc
A
TO:
FROM:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLlNG, DIRECTOR OF PLANNING AND ZONING /1{.J-. ~~ +
, ~/8j/
JASMIN ALLEN, PLANNER ~..~
MEETING OF JANUARY 16, 2006 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS JANUARY 2, 2007 THRU
JANUARY 12, 2007
THRU:
SUBJECT:
The action requested of the City Commission is review of appealable actions which were made by
various Boards during the period of January 2,2007 through January 12, 2007.
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed by the City Commission. After this meeting, the appeal period
shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the
LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken
by an approving Board. It also provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the Commission
as an appealed item.
No Regular Meeting of the Planning and Zoning Board was held during this period.
A. Approved (7 to 0), a Class I site plan modification associated with architectural elevation
changes for renovations to a 30-unit multiple family development damaged by Hurricane
Wilma for Sea Fields Club, located at the northwest corner of Bay Street and Ocean
Boulevard.
B. Approved (7 to 0), a Class III site plan modification, landscape plan and architectural elevation
plan associated with the conversion of use for an existing assembly facility to a hair-style
salon for Santa Fe Salon, located at the southwest corner of NE 2nd Street and NE 4th
Avenue.
C. Approved (7 to 0), a Class V site plan, landscape plan and architectural elevation plan
associated with the construction of a 162 room hotel, restaurant and spa for Seagate Hotel,
located on the south side of East Atlantic Avenue, between Venetian Street and Gleason
Street.
City Commission Documentation
Appealable Items Meeting of January 16, 2006
Page 2
1. Continued with direction (6 to 0, Jeannette Dobson absent), a request associated with a
partial demolition and major additions and alterations to a non-contributing structure at 711
North Swinton Avenue.
By motion, receive and file this report.
Attached: Location Map
CITY OF DELRAY BEACH, FLORIDA
City Commission Meeting -
JANUARY 10,2007
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CITY OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
JANUARY 2007
.. DIGffAL BASE MAP SYSTEM..
MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER ~
AGENDA ITEM # ~'. M - REGULAR MEETING OF JANUARY 16, 2007
AWARD OF BIDS AND CONTRACTS
TO:
SUBJECT:
DATE:
JANUARY 12, 2007
1bis is before the City Commission to approve the award of the following bids:
1. Contract award to Hector Tours in the amount of $26,600.00 for two (2) bus
rentals and driver services for the College Tour traveling from Delray to various
college cities located in Texas, Louisiana, and Tennessee. Funding is available from
001-4127-572-48.10 (General Fund/Special Events) and 115-4930-572-56.18
(pompey Park Special Events/Other Special Events).
2. Contract award to Roof Painting by Hartzell, Inc. in the amount of $22,664.41 for
the painting and restoration of the exterior/interior of the concession building at
Currie Commons Park. Funding is available from 001-4131-572-46.10 (General
Fund/Building Maintenance).
3. Bid award to Pro Courts in the amount of $18,800.00 for resurfacing seven (7) hard
courts and court repair with a three (3) coat color system at the Delray Beach
Tennis Center. Funding is available from 001-4215-575-46.90 (General
Fund/Other Repair/Maintenance Costs).
4. Bid award to Superior Landscaping & Lawn Services, Inc., in the amount of
$54,411.16 for the irrigation and landscape improvements for the four (4) medians
on Congress Avenue, south of Unton Boulevard. Funding is available from 119-
4151-572-63.20 (Beautification Trust Fund/Landscaping/Beautification).
Recommend approval of the above bids and purchases.
S:\City Clerk\AGENDA COVER MEMOS\Bid Agenda Memos\2007 Bid Memos\BID Memo 011607.doc
A
V
MEMORANDUM
~()
TO:
David Harden, City Manager
FROM:
Alberta Ga
ayv
THROUGH:
Joe Weldon, D e tor of Parks and Recreation
SUBJECT:
College Tour - 2007
DATE:
January 11, 2007
Request approval to award contract to lowest bidder, Hector Tours, for two bus rentals
and driver services for the College Tour traveling from Delray to various college cities
at a cost of $26,600. Two 57 seat buses are required due to increased participation from
other organizations such as, Community Development Corporation (CD C), Delray Teen
Society, St. Matthew Episcopal Church and the Police Department.
The tour will be traveling for eight days, March 31 - April 7, 2007, starting at Pompey
Park and continuing to Houston, Dallas, Baton Rouge, New Orleans, Jackson, Memphis,
Nashville, Knoxville and returning to Delray Beach.
Quotes were received from four (4) bus companies and the recommended bus service is
Hector Tours the low bidder.
Funding is available from account #'s 001-4127-572-48.10 (Special Events) and 115-
4930-572-56.18 (pompey Park Special Events).
001-4127-572-48.10 - $14,800.00 115-4930-572-56.18 - $11,800.00
If you have any questions, please contact me at ext.7136.
Cc: Doug Smith, Assistant City Manager
15. M./
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COLLEGE TOUR 2007 "Tentative Schedule"
Saturday March 31st
1 :OOam- Leave Pompey Park for Houston Texas
(13 hours) Straight ride stop for lunch etc
8:00pm- (Sat) Arrive check in hotel
Laquinta Inn 1625 West Loop South Houston Texas
Sunday April 1 st
7:00am
10:00am
11 :OOam
6:00pm
Breakfast Leave for Dallas (3hrs 40mins)
Tour Dallas Cowboys Stadium $10.00
Six Flags
Dinner
Mondav- April 2nd
6:30am Check Out of Houston Texas
8:30am Tour Texas Southern University (Lunch Bag) Houston
11 :OOam Leave for Baton Rouge ( 4 hours)
4:30pm Tour Southern and A&M College Baton Rouge
6:30pm Check In/Dinner
Laquinta Inn 301 Camp Street New Orleans, LA
Tuesdav-April3rd
7:30am Breakfast
10:00am Tour LSU Baton Rouge
12:00am Tour New Orleans/Lunch
7 :OOpm Dinner
10:00pm Load Bus
Wednesdav- April 4th
6:00am Breakfast/Check Out New Orleans
10:00am Tour Alcorn State (lhr 25 mins.)Alcorn State, MS
1 :OOpm Tour Jackson State (Lunch at school) Jackson
4:00pm Tour Mississippi Valley State
6:00pm Leave for Memphis Tennessee (2hr 40 mins.)
9:00pm Check In Memphis
1236 Primacy Parkway Memphis TN 38119
2:00pm
7 :OOpm
Thursday- AprilSth
7:00am Breakfast
9:00am Tour Elvis Presley (Graceland) $16.00 Memphis
12:00am Tour Martin Luther King Lorraine Hotel Memphis
(14 mins.) $10.00
Riding Tour LeMoyne-Owen College (Lunch) Memphis
Tour Memphis/Dinner
Friday- April 6th
6:00am
10:00am
12:00pm
4:00pm
7:00pm
Breakfast! Check Out of Memphis
Tour Tennessee State University (3hrs) Nashville TN
Tour Fisk University (5mins.) Box Lunch Nashville TN
Tour University of Tennessee (2h 48m.)Knoxville TN
Check In/Dinner
7210 Saddle Rack St. Knoxville, TN
Saturday-April 7th
9:00am Breakfast! Leave for Delray Beach Florida
(12 hours 30mins.)
Stop for Lunch & Dinner
11 :OOpm Arrive in Delray
DEC-21-2006 13:22
FROM-MIDNIGHT SUN TOURS / AMERICAN COACH
5615868821
T-080 P.001/00l F-938
MIDNIGHT SUN TOURS
,.-......
Luxury European Motor Coaches and Minicoacbes
AN AMERICAN COACH LINES COMPANY
December 21, 2006
City of Delroy
Parks & Recreation
50 NW 1st A venue
Delray Beach. FL 33444
Attn: Alberta Gaum
Re: Transportation Quotation for Annual College Tour
Dear Alberta,
It was a pleasure speaking with you this morning. r hope you have a very happy and healthy
holiday season. I understand that you now need two buses. If you book the two buses, the
rate per coach would be $15.184. This rote does not inch.lde the drivers' rooms or gratuity.
They do include the driver switches that are required on the first day ond the last day due
to excessive miles and hours
...._./ As you know, Midnight Sun Tours has been in business in the area for almost thirty years.
We have a large fleet of European touring coaches that are 01\ air conditioned and rest room
equipped. All of the vehicles have both VCR and DVD players with multiple monitors
throughout. Our drivers undergo extensive pre and post employment training and testing
and our dispatch stoff is available seven days 0 week, twenty four hours a day.
In addition, as part of the Coach America family, the largest transportation company in the
United States, we have many sister companies throl.Jghout the country, and along your travel
route. This enables uS to call on one of our "family" should we run into either a mechanical
problem or on issue concerning driver hours.
Based on the itinerary I was faxed, the rate for this eight day trip from Delray to various
college cities (including Houston, Dallas, Baton Rouge, New Orleans, Jackson, Memphis,
Nashville and Knoxville) would be as follows:
Please do not hesitate to call me if you should have any questions.
...-/.,
220 South Dixie Highway, Suite 2, Lake Worth, FL 33461 www.midnightcoaches.com
Phone: (561) 588-4446 Toll Free: (877) 672-8737 Fax: (561) 586-8821
Page I of2
Gaum, Alberta
From: Joseph Jacovino [JosephJacovino@uscoachwaysinc.com]
Sent: Thursday, December 21,2006 10:49 AM
To: Gaum, Alberta
Subject: us coachways
Attachments: RESERVATION REQUEST FORM PACKET.doc
u. S. Coachways, Inc.
87 Eilts Street,
Staten Island, NY 10307
Tel: 1-800-359-5991
Fax# 718-420-6078
Quote Request
Hi, my name is Joseph Jacovino from US Coachways. We appreciate you giving us the opportunity to
provide you with quality transportation services. I am here to answer any of the questions you may have
and also to make sure that your event is completely successful.
I will do my best make sure that all of your charter concerns are met and everything goes better than
expected.
-
The price for each bus would be $ 14,500.00 all inclusive. You would need to accommodate the driver
with private lodging each night and 2 meals per day or $30.00 equivalent. If you were to opt for two
buses the price would be $14,250.00 per bus.
Attached you will find a reservation request form packet. If you are interested in using U. S.
Coachways, please fill in and fax it back to us so that we can get started on your request. Remember
this is a first come first serve basis all our vehicles are booked upon availability.
If you have any other questions please feel free to contact me directly @ my extension.
Genuinely Yours
Joseph Jacovino
Corporate Account Specialist
"Personalized Service Is Our Specialty"
800-359-5991 Ext:206
http://www.uscoachways.com
12/29/2006
.
Hector Tours
6612 S. Olxle I-twy. Suite 1 03
West Palm Beaeh, A 33400
PhOne: 661-373--4244
FIlX!581-434-4994
ErnaJI: HectoflouJS'@bellsoulh.nElt
Wtbs.ittr. VNIIW.HeotorTou~.bomestead,com
Invoiee No. oOO400i
..
-.1
Quote
u
To
Delf1JY Seach Pompey Paft Recreatioli
1101 NW2nd street
Oe'ray Beach Ft 83<<4
Contact Numbers
Ventll Piner
Phone; SS1.~43-7s5e
Fax: 581-243-m2
081&- 121S/2OOE1 .J PiWf up time; 10:00 p~ RfJtum rime: 11 :00 p.m, I Terrm:
Prfj~axea lJy: Hect6f zeDsla Trip Dtite: 313012007 I 4107/01
" ''''.'~'''' -, . .. -". '..
.....- , - . .,,,, ,.. .1'
Qty VoiD Dc!!seription Unit PrfCII TOTAl
- ..", ..
2 S7Pass Round Trip on March 30, 2007. Pick. up ./ $13.300.00 $28,600.00
1 0:00 ~u'rl. from Pompoy Park in ~rtty
to HOuston Te~ ot1 Apr1J 1, 20D71..eave
Dallas, Return to Houston, on April 2 Lea\'e
for Baton Rguge, 6;30 p.llI. cheek In La
Cluirtta Inn, New Ol1eans. on Aprtl 4, leAve
to Alcorn State. Ms. then to Memphis Tnn.
On Aprit e Leave fot Na::ItMIla. Tn. Then to
KnowlJI8j Tn. on Saturday, APril 7.2007
Arrivtl in 0eIr:Iy by 11~DO p.rn..
Please oopply morns fOr-the Driver's.
Driver's Gratuity is not included
10% Oepoait is requlred_
Nmes SUbTotal $2t;it6oo.00
Please Allply ASAP. SO.OO
TOTAL DUE $2S,SOO.OO
RightFax
12/6/2006 10:12
PAGE 0011002
Fax Server
ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE <-DOIYYYY)
12/06/2006
PRODUCER (800)333-7754 FAX (321)757-6182 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Rodes-Raper-Love ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
158 N. Harbor City Blvd.
Melbourne. FL 32935 INSURERS AFFORDING COVERAGE NAIC f.
INSURED HECTOR ZABAlA INSURER A Lincoln General Ins Co(BSG-PA) 33&55
DBA: HECTOR TOURS INSURER B:
5612 S. DIXIE HWY INSURER C:
Suite 103 INSURER D:
WEST PALM BEACH. FL n405 INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MA Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESC RI BED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AN D CON DITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR "'ElfrL TYPE OF INSURANCE POUCY NUMBER !'OLleY EfFEe'TlVE POUey EXPIRATION LIMITS
GENERAL L1ABR..ITY EACH OCCURRENCE $
- DAMAGE TO RENTED
COMMERcrAL GENERill. LIABILITY $
- :=J CLAIMS MADE D OCCUR
MED EXP (ArTy one per,.,.,) $
-
PERSONAL 8. ADV INJ URY $
GENERAL AGGREGATE $
GENt. AGGREGATE LIMIT APPliES PEoR: PRODUtiS. tOMPIOF' AM $
I n PRO- nLOC
POLICY JECT
ALfTOMOBIL!; LIABILITY LPAlO1991-o3 09/26/2006 09/26/2007 COMBINED SINGLE LIMIT
- lEa scolden!) $ 5.000.00CI
ANY AUTO
-
ALL OWNED AUTOS BOOIL Y INJURY
X- lPer person) $
SCHEDULED AUTOS
A ....:..:...
HIRED AUTOS BOOIL Y INJURY
- (Per aCCIdent) $
NON-OWNED AUTOS
-
PROPERTY DAMAGE $
(Per aQ;ident)
ClARAOELlABILlTY AUTO ONL Y - EA ACCrOENT $
R /lNY AUrO OTHER THAN EAACC $
AUTO ONL Y AGG $
EXCESSlUMBRaLA LIABILITY EACH OCCURRENCE $
tJ OCCUR D CLAIMS MADE AGGREGATE $
$
R DIiOI,lCTliiLE $
RETENTION $ $
~RKeR\:l CQMP!;N\:lATIQIo! ANP I T~~J~~~-s I 10J~.
!;MPLOYERS' LIABILITY E.L. EACH ACCIDENT $
ANY PROPRIETORIPARTNERIEXECUTIVE E.L. DISEASE - EA EMPLOYEE $
OFFICER/MEMBER EXCLUDED?
rr ves, desaibe LXlder E.L DISEASE - PCUCY LIMIT $
SPECIAL PROVISIONS b~ON
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
EKTIFICATE HOLDER IS INCLUDED AS AN ADDITlDNAL INSURED WITH RESPECT TO TIlE NAMED INSUREDS OPERATIONS.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER IMLL ENDEAVOR TO MAIL
.JJL. DAYS W1'lITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATlON OR LIABIUTY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZEOREPRESENTATlVE ~""....... ~../
Ph11i fA ,~~
POMPEY PARK RECREATION CENTER
A1TN: VERNA PINDER
1101 NW 2ND STREET
DEWY BEACH. FL 33444
ACORD 25 (2001/08) FAX: (561) 243-7J42
@ACORD CORPORATION 1988
RightFax
12/6/2006 10:12
PAGE 002/002
Fax Server
,
'J
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain polides may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not conslitute a contract between
the issuing insurer(s), authorized representalive or producer, and the cerlificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the polides listed thereon.
ACORD 25 (2001/08)
DEC-6-2006 WED 11:15RM TO:
PAGE: 2
FROM :Simpl~ ThE BESt ChartErs
FRX NO. :15617331123
DEC. 13 2006 08:44PM Pi
Simply the Best Charters, Inc.
5579 Coconut Blvd, Royal Palm Beach FL 33411
phone (561) 6491197 fax (561) 733-1123
E-mail Bestcharters@AOL.com
CHARTER QUOTE ONLY
PHONE: 243~7136
Alberta FAX: 243~7268
City of Delray Beach, Parks & Recreation Dept
50 N.W. 1st Ave SCHOOL CONTACT Name
Delray Beach FL 33444 This is a price quote only. A quote does not hold a bus
GROUP NAME: College Tour 2007 (Tentative Schedule)
DATE OF SERVICE Saturday 03131/07 to 04/07/07 CHARTER # Quote Only
TIME OF PICKUP: 12:30 AM DEPART 1 :00 AM TIME OF RETURN 11 :00 PM
ADDRESS OF PICK UP: Pompey Park 1101 NW 2nd 5t Delray Beach FL
DESTINATION: College tour as shown on Tentative Schedule to Houston TX, Dallas TX,
Baton Rouge LA, New Orleans LA, Alcorn State MSj Jackson MS, Mississippi Valley State, MS,
Memphis TN, Nashville TN, & Knoxville TN. Return to Delray Beach FL
SPECIAL INSTRUCTIONS: The Price quoted is based on your itinerary- If the iternary changes the
price of the tour may also change.
This Quote is based on normal use of the driver's services and does not include side trips of more than 20 miles.
This charter is Dot a continuoUS shuttle. All tmnsportation is to be done in a group.
December 13, 2006
# OF COACHES; 1 SIZE57 COST PER COACH $18,350.00 TOTAL: $18,350.00
Late return fee will be billed at $75.00 per hour for any time after 11 :30 PM
** This quote is based upon current fuel prices. If diesel fuel increases there may be a surcharge to
reflect the increased price.
** $100.00 DEPOSIT PER DAY DUE UPON BOOKING
deposit is refundable only if you cancel more than 15 days prior to the date of the trip
** BALANCE MUST BE PAID 14 DAYS PRIOR TO THE TRIP
03/17107
Quote Valid until 12/27/06 This is a price quote only. A quote does not hold a bus
To accept this quote please call 561-649-1197
THIS IS A QUOTE FOR TRANSPORTATION SUBJECT TO THE CONDITIONS NOTED BELOW:
PASSENGERS MUST BE SEATED AT ALL TIMES WHILE THE COACH IS IN MOTION
NO SMOKING OR GUM ON THE MOTOR COACH
FOOD, DR-INK, and BACKPACKS ARE NOT PERMITIED ON THE COACH
WE RESERVE THE RIGHT TO LEASE EQUIPMENT FROM OTHER COMPANIES IN ORDER TO FULFILL THIS AGREEMENT
This company reserves the right to lease equipment from other companies in order to fulfill this charter
We thank you for your order and will do our best to keep you safe and comfortable
Quote prepared by: Lore Grzincic
AGENDA ITEM NUMBER:
~. M. 1
AGENDA REOUEST
Request to be placed on:
_ Consent Agenda _X_ Regular Agenda _ Workshop Agenda _ Special Agenda
When: January 16, 2007
Description of agenda item (who, what, where, how much):
Request approval of quote to lowest bidder, Hector Tours, for two bus rentals and driver
services for the College Tour traveling from Delray to various college cities located in Texas,
Louisiana, and Tennessee at a cost of $26,600. Funding is available from account #'s 001-
4127-572-48.10 (Special Events) and 115-4930-572-56.18 (pompey Park Special Events).
001-4127-572-48.10 - $14,800.00 115-4930-572-56.18 - $11,800.00
Department Head ~ L
SIgnature: ^ _
~V~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding A Vailable~ No Initials::::::s5 · ( I ~
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda:~ I No Initials:4
Hold Until:
Agenda Coordinator Review:
Received:
e
MEMORANDUM
~o
SUBJECT:
David Harden, City Manager
Alberta Gr~ject Coordinator jl f-
Joe weld1VDirector of Parks and Recreation
Concession Building at Currie Commons Park
TO:
FROM:
THROUGH:
DATE:
January 11, 2007
Request approval for contract award to Roof Painting by Hartzell, Inc., in the amount of
$22,664.41, for the restoration and painting of the interior/exterior of the concession
building at Currie Commons Park. (see attached photos)
Vendor will replace exterior lower boards with Tll1, Hardy Boy boards, replace one
single door and one double door with frames, repair and replace missing louver, fix
concession pull down window, replace missing gutters and pressure clean and paint.
Total for exterior is $16,698.
Vendor will replace 20% of the cabinets in concession area, patch walls, replace all
baseboards, patch floor tiles, re-installloose bathroom tile and paint. Total for interior is
$5,966.41.
Pricing for the painting is from the City of Boca Raton Bid # 2005-066 approved by the
City of Boca Raton Council on September 27, 2005 to Roof Painting by Hartzell. The
remainder of the work is not on the Boca bid but repairs are needed immediately due to
concerns about vandalism.
Funding is available from 001-4131-572-46.10 (Building Maintenance).
Cc: Doug Smith, Assistant City Manager
?),'M.2
J~l0uDe;ft
/1 3 ~S'
Roof Painting by Hartzell, Inc.
2301 N.W. 33rd Court, Suite 12
Pompano Beach, FL
November 10, 2006
TO: City of Delray Beach
Tim Simmons - Parks Superintendent
From: Bill Stecklow - Officer/Project Manager
RE: Pressure Cleaning/Priming Painting
Currie Commons Park
Scope and price. I met Dexter on Wednesday and as per his request, I have broken down the
painting and restoration of the exterior and interior. The lower section of the T 111 boards up to
approximately 8' around the entire building for the one story and 2 story sections need to be
removed, replaced with either T 111, Hardy Boy or lath and stucco onto the existing. The difference
in price for stucco versus T 111 for this area is
$ 1800.00. Therefore we ropose to install a wire lath and 3 coats of plaster on the exterior up 8' for
a lump sum of $10,900.00; and replace broken sections of the T111 on the second floor for a lump
sum of $ 500.00.
Paint the new stucco and the existing repaired second floor T 111 - 1920 sq. ft. x $ 1.02 = $ 1958.40.
Replace - one single door and one double door with frames - $ 1450.00
Repair and replace missing louver - $ 450.00.
Fix concession pull down window - $ 200.00.
Replace missing gutters 74 lineal feet and 50 I of downspouts - $ 1240.00.
Total Exterior is $16,698.00.
Scope for Interior: Patch walls; replace 20% of the cabinets in concession area; replace all
baseboard - 90 lineal feet; patch floor tiles or replace broken floor tiles; re-install loose bathroom
tiles - $3345.00.
Paint interior - 2570 sq. ft. @ $1.20 = $ 2621.40.
TOTAL Interior: $ $5,966.41.
Options: Replace windows with new sliders & thicker Plexiglas inserts- 98 sq. ft. x $40.00 =
$3,920.00.
Option: Replace with Hurricane Glass - 98 sq. ft. x $1100 = $ 10,780.00.
Option: Install Hurricane Shutters that open and close from the viewing room 98 sq. ft. x $ 35.00 = $
3430.00.
Cc: Eric Mccabe
Main Fax Number (954) 957-9766 Main Phone Number (954) 957-9761
WSS Fax Number (561) 482-9078 WSS Cell Phone Number (561) 239-4711
Bocasteck@aol.com
, U.. 'Cd) cu,d .t(. t. (D.I-A4'v
t () 1- <1 (3 ! - t.-') J.. - 5:? - /t C, (Q
Jj // ,41
/:< f ~ b
~.....
~~~--
10-1 Z-D6
IZ:34PU FROW-City ot Boca Raton Purchaslnr
561-393-1983
T-ZI4 P.DOZ/D03 F-053
~.
COUNCIL APPROVAL PROCUREMENT RECOMMENDATION
TARGET AGENDA DATE: September 27,2005
Subject:
Weatherproofing
Bid Number:
200&-066
Department:
Procurement Method:
Recreation Services
Sealed Bid
Bid Opening Date:
43 Bids Solicited
7 No-Bids
3 Responses
August 31,2005
Award Amount:
$189.151
Contract Period:
This is the first year of the two-year contract award period. The
City reserves the option to renew annually subject to appropriation
of funds not to exceed a maximum of two one~year renewals.
Award to:
Low Responsive Responsible Bidder. Roof Painting by Hartzell
Inc., Pompano Beach, FL
Scope:
This procurement provides for weatherproofing services to the
wood structures at the following park locations: Spanish River,
James A. Rutherford, South Beach, South Beach Pavmon, Sand
Pine, Hidden Lakes, Boca Isles, Pine Breeze, Meadows, Hughes,
Boca Tierra, Woodlands, Silver Palm, Sanborn Square, Lake
Wyman. Ocean Strand, Memorial, Red Reef. Gumbo Limbo, Patch
Reef. Sugar Sand and various signs and fences throughout the
City. Weatherproofing wood structures on an annual basis is
necessary to prolong the life of the wood due to the harsh
elements of the salt air environmenl
Vendor Total Bid
Roof Painting by Ha~ll Inc. $189.151.30
Eagle Painting $197,955.00
Sun Art Painting Corp. $427,440.00
Buyer:
Funding Source(s):
Approvals.
Sr. Buyer.
Financial Services Director:
;U<T
Various Recreation Services
Weatherproofing Accounts
FY 2004-2005 $ 164,076.30
FY 2005-2006 $ 25,075,00 vi
/
"
cr
Purchasin
OMS Director:
Deputy/Assistant City Manager:
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AGENDA ITEM NUMBER:
~.M.2
AGENDA REQUEST
Request to be placed on:
_ Consent Agenda _X_ Regular Agenda _ Workshop Agenda _ Special Agenda
When: January 16, 2007
Description of agenda item (who, what, where, how much):
Contract award to Roof Painting by Hartzell, Inc. in the amount of $22,664.41 for the
painting and restoration of the exterior/interior of the concession building at Currie
Commons Park concession. Funding is available from 001-4131-572-46.10 (Building
Maintenance).
Department Head
Signature:
City Attorney Review Recommendation (if applicable):
Budget Director Review (required on all items involvin2: eXJ)enditure of funds):
f ... ad 1'3Vb\.C;;:--r -r~S F":c:l\. -r-o \3-E:. <? ~~~ ~ ~
Funding Available: 8 No Initials: ~
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agend.,@1 No loitials:4-
Hold Until:
Agenda Coordinator Review:
Received:
cf<
UI
e
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
Joseph safford~ce Director
FROM:
THROUGH:
SUBJECT:
Documentation - City Commission Meeting January 16,2007
Approve Emergency Award for Resurfacing & Repairing of
Seven (7) Hard Courts at the Delray Beach Tennis Center
DATE:
January 8, 2007
Item Before Commission:
City Commission is requested to approve a bid award to Pro Courts for resurfacing seven
(7) hard courts at the Delray Beach Tennis Center and court repair with a three (3) coat
color system for the total amount of$18,800. Funding is available in account number 001-
4215-575-46-90.
Backf!round:
The Delray Beach Tennis Center needs to have seven (7) hard courts resurfaced for the
upcoming tennis tournament January 27th through February 4, 2007 and make repairs to
two (2) courts. The awarded vendor will pressure clean and/or sand courts to remove
mildew prior to resurfacing, repair perimeter of tennis courts, patch cracks, resurface with
a three (3) coat color system, re-stripe all playing lines, paint tennis net posts, and re-install
existing tennis nets. They will also remove, fill, relocate and replace the stadium court net
posts.
Attached is a spread sheet summarizing proposals received from four (4) vendors. Staff
bid award recommendation is for bid item option numbers 2, 3,4, and 5. Due to the time
frame needed to complete this work, an emergency purchase order was issued to Pro
Courts. The bid award recommendation is to the low bidder.
Recommendation:
Staff recommends award to Pro Courts for the resurfacing of seven (7) hard courts at the
Delray Beach Tennis Center and all repairs as listed for the total amount of $18,800.
Funding from account code #001-4215-575-46.90.
RAB/db
Attachment
U:\Agenda\Memo to DTH re City Commission Meeting January 16, 2007.doc
g.M.3
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AGENDA ITEM NUMBER:
<g. M:3
AGENDA REQUEST
Date: 1/8/07
Request to be placed on:
Consent Agenda
x
Regular Agenda
Workshop Agenda
When:
January 16, 2007
Bid Award to Pro Courts in the amount of $18,800 to resurface
seven (7) hard courts, repair damages to Courts 3 & 5, and remove, fill and relocate Center Court
net posts. Funding available in account #001-4215-575-4690
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
Recommendation:
Department Head Signature:
~/1 ;d'~ }fr/ofo
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: ~ ~
Funding alternatives (if applicable):
No
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
GJ
mt
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
Memorandum
Community Improvement
Nancy Davila, Horticulturist
~cK
Ail-AmerIca City tft-!\
, IUI!
1993
2001
TO: DAVID T. HARDEN
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT LfQ
FROM: NANCY DAVILA ~
RE: SOUTH CONGRESS MEDIAN - RECOMMENDATION FOR AWARD OF BID
DATE: JANUARY 8, 2007
ITEM BEFORE THE COMMISSION:
The item before the Commission is the recommendation for Award of Bid No, 2007-11 for
irrigation and landscape improvements for the four medians on Congress Avenue, south of
Linton Boulevard to Superior Landscaping & Lawn Service, Inc., in the amount of $54,411.16.
BACKGROUND:
Landscape plans were designed by Jerry Turner & Associates of Florida. There are four medians
on Congress Avenue between Linton Boulevard and the C-15 Canal. Permits were obtained from
PBC Streetscape Division.
The bid was advertised on November 29, 2006. Only two bids were submitted December 20,
2006. The low bidder was Superior Landscaping and Lawn Service, Inc, in the amount of
$54, 411.16. The other bid was from Weekly Asphalt and Paving in the amount of $95,574.30.
Although Superior has never done any jobs for the City of Delray Beach, the Miami based
company has done a lot of work for the Miami Airport, the City of Miami Beach, Parkland,
Plantation and several other cities. All references were favorable. They have been in business
for 22 years and handle both the irrigation and landscaping.
It is anticipated that work could begin by March 151 and be completed by June. We are currently
working with utilities to provide taps into the water main for water services for the irrigation.
RECOMMENDATION:
Staff recommends the City Commission give favorable consideration to the bid received from
Superior Landscape Lawn Service, Inc" and award the bid in the amount of $54,411.16. Funding
is available from # 119-4151-572-63.20.
U:\Wwdata\Congress Avenue\South Congress Landscaping\CC Backup Bid Award.doc
B. M.1
Jan. 't. LVV I
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SUPERIOR LANDSCAPING & LAWN SERVICE. INC
January 4. 2007
Ms. Nanc;y Davila
Horticulturalist
City ot Delmy Beach
100 NW 1st Street
Deh:ay Beach, FL 33444
Re: South Congress Avenue Median BcautiIkation
Dear Ms. Davila:
Thank you for your time this rooming. As per our convenation, we have J:eviewed our proposal and ate awue
of a mathematical euor. The irrigation sub-total was inadvertently added twice. The revised total is
$54.411.16.
.l\gain, thank you for your assistance with this matter.
. Cora
Director
Business Development
Superior Landscaping & Lawn Service, Ine.
PO BOX 35-0095 . MIAMI, FLORIDA' 33135-0095
PUONE: (305) 634-0717' I"AX: (305) 634.0744
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Date: January 9, 2007
Agenda Item No. <g. M . 4-
AGENDA REQUEST
Agenda request to be placed on:
_X_Regular _ Special
_ Workshop
Consent
When: January 16,2007
Description of Agenda Item:
Recommendation for Award of Bid for South Congress Median
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature: ~ (' ~ ~
Citv Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: @.~ No
Funding Alternatives: (if applicable)
Account # & Description: Neighborhood Enhancement - 119-4151-572-63.20
City Manager Review:
Approved for agenda: ?[;2 / No tlfi1/\
Hold Until: V' \
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
TO:
D~, ~D , CITY MANAGER
~L DORL. . I~P. DIRECTOR OF PLANNING & ZONING
ufio .
FROM: COTT ARONSON, P RKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF JANUA Y 16, 2007 - REGULAR AGENDA
APPROVE A REQUEST FROM BOB'S FAMOUS BAR
PURCHASE OF SIX (6) IN-LIEU PARKING SPACES
FOR THE
THRU:
Bob's Famous Bar (f/k/a Powers Lounge), located at 217 East Atlantic Avenue, has submitted an In-Lieu of
Parking request for the purchase of six (6) in-lieu parking spaces. The request is predicated upon a Class III site
Plan modification being approved to construct a rooftop deck for the restaurant. The proposed deck area is 999
square feet, which pursuant to Land Development Regulations (LDR) Section 4.4.13(G)(1 )(d), will require six (6)
additional parking spaces.
LDR Section 4.6.9(E)(3) states, "...the City Commission may approve the payment of a fee in-lieu of providing
the required parking. Before granting such approval the City Commission must find that it is impossible or
inappropriate to provide the number of on-site/off-street parking spaces and that in the case of expansions of
use, no existing parking spaces are being eliminated." The proposed rooftop deck does not eliminate any
parking spaces. Due to site constraints, it is impossible to provide the required parking spaces on-site.
Consequently, the applicant is requesting to purchase six (6) spaces at a cost of $15,600 per space, totaling
$93,600, to be paid via an In-Lieu of Parking Fee Agreement in accordance with LDR Section 4.6.9(E)(3)(d).
Comprehensive Plan Policy C-4.1 of the Future Land Use Element encourages rehabilitation and revitalization
within the Central Business District through a number of incentives, one of which is the accommodation of
parking needs through innovative actions. The in-lieu of parking fee program provides such an incentive and
therefore is consistent with the Comprehensive Plan.
Although the subject property is in close proximity to the Railroad Lot (across the FEC Railway tracks),
containing 177 spaces, staff has a concern that the request is for 100% of the required spaces. Additionally, the
Class IV site plan modification of 2001 was approved with two (2) in-lieu parking spaces. However, it is noted
that the Block 69 and Old School Square Garages will provide additional parking capacity in January and
October of this year.
The Parking Management Advisory Board, at its meeting of December 19, 2006, unanimously recommended
approval of the applicant's request.
The Downtown Development Authority, at its meeting of January 8,2007, unanimously recommended approval
of the applicant's request.
The Community Redevelopment Agency will consider this request at its meeting of January 11, 2007 and the
action will be reported to the City Commission.
By motion, approve the request from Bob's Famous Bar for the purchase of six (6) in-lieu parking spaces by
adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof
is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3) of the Land
Development Regulations.
qJl
Page 1 of 1
Gaskins, Lanelda
From: Shutt, Brian
Sent: Tuesday, January 16.20078:56 AM
To: Gaskins, Lanelda; Nubin, CheveUe; Smith, Douglas
Cc: Ruby, Susan; Aronson, Scott; Dorling, Paul
Subject: Order on Bob's Famous Bar
Attachments: cc order Bob's famous bar in lieu fee 1-07.doc
Here is the order for Item 9A, please place this at the Commissioner's places. Thanks.
R. Brian Shutt
Assistant City Attorney
200 N.W. 1st Avenue
Delray Beach. FL 33444
{561 )243-7091
Fax {561 )278-4755
shutt@ci.de/rav-beach.fI.us
1/16/2007
(1M.iiirMaf Utt.rMdiA- ~ l-lemq.~
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
IN LIEU PARKING FEE REQUEST FOR BOB'S FAMOUS BAR
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1 . This in lieu parking fee request has come before the City Commission on
January 16, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the in lieu parking fee request for Bob's
Famous Bar. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Subsection I.
I. IN LIEU PARKING FEE:
Pursuant to LOR Section 4.6.9(E)(3), when additional parking is required due to
expansions of use to an existing building and it is impossible or inappropriate to provide
such parking the City Commission may approve the payment of an in lieu fee rather
than provide the required parking. In the case of expansions of use, no existing parking
spaces may be eliminated.
Does the In Lieu Parking Fee request meet the requirements of LOR Section
4.6.9(E)(3) and the conditions, if any, listed below?
Yes No
3. The City Commission hereby finds that the In Lieu Parking Fee Request
meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the
conditions listed above, and the City Commission has applied the Comprehensive Plan
and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan and Land Development Regulations.
1
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves _
denies _ the in lieu parking fee request as set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 16th day of January, 2007, by a vote of in favor and
opposed.
ATTEST:
Jeff Perlman, Mayor
Chevelle Nubin, City Clerk
2
TO:
THRU:
DIRECTOR OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF JANUARY 16, 2007, REGULAR AGENDA
REGULAR AGENDA CONDITIONAL USE EXTENSION REQUEST FOR CITY
SCAPE. LOCATED AT THE NORTHWEST CORNER OF NE 5TH AVENUE
(FEDERAL HIGHWAY) AND NE 3RD STREET.
The action requested of the City Commission is that of granting an extension of a conditional use
approval to allow a building height in excess of 48 feet (57'-6" approved) for Cityscape, pursuant
to LOR Section 2.4.4(F)(1) and (3).
The development proposal incorporates Lots 4-14, Block 97 Highland Park subdivision and contains
2.5 acres. The property is located at the northwest corner of NE 5th Avenue and NE 3rd Street and is
bordered to the west by the FEC Railroad. The property contains the 9,227 sq. ft. Scobee Ireland
Potter Funeral Home which was constructed in 1954. Two additional structures occupied the site, the
704 sq. ft. Native Florida Gallery (fka Dee's Alterations) built in 1922, and a 1,253 square foot single
family home built in 1921.
The development proposal involves demolition of the funeral home, relocation of the remaining two
structures, and construction of a mixed use development which will include 28,133 square feet of
retail floor area, 6,800 square feet of restaurant on the ground floor and 75 condominium units on the
upper floors. The retail and residential uses will wrap around a three level parking garage which will
provide 301 parking spaces.
On February 1, 2005, the proposed development received Conditional Use approval from City
Commission. At its meeting of April 5, 2006, the SPRAB Board unanimously approved a Class V site
plan, landscape plan and architectural elevations. The approved conditional use is valid for 2 years
and expires on February 1, 2007. It is noted that the development proposal was developed and
approved utilizing the Downtown Design Guidelines. Additional background information and full
analysis of the proposal can be found in the attached Planning and Zoning Board staff report,
dated January 24, 2005.
Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously
approved application, pursuant to the following:
. A written request for an extension must have been received by the City at least forty-five
(45) days prior to the expiration date;
. The letter must set forth the basis and reason for the extension;
.. The extension shall be considered by the same body which granted the original approval;
q.B
City Commission Documentation: Meeting of January 16, 2007
Cityscape Conditional Use Extension Request
Page 2
. The extension, if granted, shall be for eighteen months unless otherwise stated;
LOR Section 2.4.4 includes two categories for extension considerations, LOR Section 2.4.4 (F)(2)
"Construction Has Commenced" and LOR Section 2.4.4 (F)(3) "No Construction". This extension
request is subject to LOR Section 2.4.4(F)(3) as no construction has commenced.
LDR Section 2.4.4(F)(3) "No Construction"
Pursuant to LOR Section 2.4.4.(F)(3), when the project has not commenced construction, or
construction has not been deemed substantial, the request for extension shall be considered
pursuant to the following:
(a) The project shall be evaluated pursuant to the land development regulations in effect at the
time of consideration of the extension request and shall comply with such current
requirements;
(b) Additional submittal information including a new application and copies of previously submittal
material may be required;
(c) The granting body must make findings pursuant to 2.4.4(8);
(d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure
compliance with any applicable changes to regulations or changes in circumstances which
have occurred since the previous approval.
The applicant submitted the following statement, regarding the delay with the construction of the
proposed project and in support of the extension request.
'We are requesting this extension because we have not met the requirements to establish the
project as of this date (November 28, 2006). A Class V Site Plan Modification was submitted and
approved by the Site Plan Review and Appearance Board (SPRAB) on April 5, 2006. Since that
date, we have complied with the necessary conditions and are hoping to achieve Site Plan
Certification shortly. Also, a Plat was submitted and approved by the City Commission on
October 3, 2006."
Pursuant to LDR Section 2.4.3(F)(3)(a), the project must be evaluated pursuant to the Land
Development Regulations in effect at the time of consideration of the extension request and the
project shall comply with such current requirements. As noted previously, this project was designed
utilizing the new design guidelines. Therefore, the project meets the current LDR requirements. The
written request to extend the conditional use approval was appropriately filed within the forty-five
(45) days required by the LOR Section 2.4.4(F)(1 )(a).
There have been no changes in the LDR since the time of the original approval which would make
any aspect of the development proposal for Cityscape non-conforming. Similarly, the original findings
of Concurrency, Future Land Use Map and Comprehensive Plan Consistency and Compliance with
the LDR can be reaffirmed [LDR Article 3.1]. Based on the above, it is reasonable to grant the
extension of the conditional use approval. It is noted, that similar conditional use and site plan
extension requests have been approved for other projects in the CeD District, such as, Bob Famous
Bar, Seagate Hotel, Astor Development, and City Walk.
City Commission Documentation: Meeting of January 16, 2007
Cityscape Conditional Use Extension Request
Page 3
A. Postpone with direction.
B. Move approval of the request for an extension of the Conditional Use approval for Cityscape,
by adopting the findings of fact and law contained in the staff report, and finding that the
request, and approval thereof, meets criteria set forth in Section 2.4.4(F)(1) & (3) of the Land
Development Regulations.
C. Move denial of the request for an extension of the Conditional Use request for Cityscape, by
adopting the findings of fact and law contained in the staff report, and finding that the request,
and approval thereof, does not meet criteria set forth in Section 2.4.4(F)(1) & (3) of the Land
Development Regulations.
Move approval of the request for an extension of the Conditional Use approval for Cityscape,
allowing a building height of 57'-6", by adopting the findings of fact and law contained in the staff
report, and finding that the request, and approval thereof, meets criteria set forth in Section
2.4.4(F)(1) & (3) of the Land Development Regulations, with said approval to be valid until
February 1,2009.
Attachments:
Extension Request Letter from Lenni Smith, Esquire dated November 28, 2006
Planning and Zoning Board Staff Report Dated January 24, 2005.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL GRANTED TO THE
CITYSCAPE DEVELOPMENT FOR HEIGHT
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The above named conditional use extension request has come before the
City Commission on January 16, 2007.
2. This conditional use extension request comports with the future land use
element, is concurrent with the Comprehensive Plan and is consistent with the goals,
policies and objectives of the City's Comprehensive Plan.
3. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use extension request for
the Cityscape Development. All of the evidence is a part of the record in this case.
Required findings are made in accordance with LOR Section 2.4.4(F)(1) and (F)(3).
4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met,
such as:
A written request submitted at least 45 days prior to the expiration date;
The request must set forth the basis and reason for the extension;
The request must be considered by the same body that granted the approval;
The extension, if granted, shall be for a term of 18 months unless otherwise
stated.
Have the preliminary requirements of Section 2.4.4(F)(1) been met?
Yes No
5. In making a determination under LOR Section 2.4.4(F)(3) the Commission shall
consider the following:
(a) The project shall be evaluated pursuant to the land development regulations in effect
at the time of consideration of the extension request and shall comply with such current
requirements;
(b) Additional submittal information including a new application and copies of previously
submittal material may be required;
(c) The granting body must make findings pursuant to 2.4.4(B);
(d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C)
to insure compliance with any applicable changes to regulations or changes in
circumstances which have occurred since the previous approval.
Have the requirements of Section 2.4.4(F)(3) been met?
Yes No
6. The comments and notes set forth in the staff report are hereby
incorporated herein.
7. The City Commission has applied the LOR requirements in existence at
the time the conditional use extension request was submitted.
8. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
9. Based on the entire record before it, the City Commission approves_
denies _ the conditional use extension request to allow the previous conditional use
approval to be valid until February 1, 2009. The City Commission hereby adopts this
Order this 16th day of January, 2007, by a vote of
in favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
2
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
January 24, 2005
IV.C.
Conditional Use Request for Cityscape to Allow an Increase in Building Height to
Exceed 48' (57'-6" Proposed) for a Proposed Mixed Use Development at the
Northwest Corner of NE 5th Avenue (Federal Highway) and NE 3rd Street
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Agent................... Porten Russell, LLC
Location.......................... Northwest Corner of NE 5th Avenue
(Federal Highway) and NE 3rd Street
Property Size.................. 2.50 acres
Future Land Use Map..... Commercial Core
Current Zoning............... CBD (Central Business District)
Adjacent Zoning....North: CBD (Central Business District)
East: CBD (Central Business District)
South: CBD (Central Business District)
West: CBD-RC (Central Business District -
Railroad Corridor)
Existing Land Use.......... Funeral Home (Scobee Ireland
Potter Funeral Home), Retail (Native
Florida Gallery & Single Family
Residence
Proposed Land Use........ Conditional Use Request for a
Proposed Mixed Use Project Known
as Cityscape to Allow an Increase in
Building Height to Exceed 48' for
(57'-6" Proposed~ at the Northwest
Corner of NE 5 h Avenue (Federal
Highway) and NE 3rd Street.
Water Service................. Existing on site.
Sewer Service................ Existing on site.
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IV.C.
The action before the Board is making a recommendation to the City Commission on
the conditional use request for Cityscape to allow an increase to a maximum height of
60' [LDR Section 4.3.4(J)(4)(b)], pursuant to LDR Section 2.4.5(E).
The property is located at the northwest corner of NE 5th Avenue and NE 3rd Street
(300-362 NE 5th Avenue).
The development proposal incorporates the properties consisting of Lots 4-14, Block 97
Highland Park subdivision and contains 2.5 acres.
The property contains the Scobee Ireland Potter Funeral Home, Native Florida Gallery
(fka Dee's Alterations), and a single family home. The funeral home was constructed in
1954 and contains 9,227 square feet. The Native' Florida Gallery building was
constructed in 1922 and contains 704 square feet. The single family home was built in
1921 and contains 1,253 square feet.
A development proposal has been received which involves the relocation of two of the
structures, demolition of the funeral home and construction of a mixed use development
which will include 34,000 square feet of retail on the ground floor fronting NE 5th Avenue
and NE 3rd Street and 75 condominium units on the upper floors. The retail will occupy
a portion of the ground floor and the condominium units will be located on the 2nd floor
through 5th floor. These retail and residential areas will wrap around a three level
parking garage which will provide 301 parking spaces to satisfy the retail and residential
parking requirements of this development. Since over 50% or the ground floor is
devoted to vehicular circulation and parking, the applicant has indicated that it became
necessary to exceed the 48 feet height. The applicant is hereby requesting an increase
in building height from 48 feet to 60 feet in accordance with LDR Section 4.3.4(4)(b).
This conditional use application is now before the Board for consideration.
REQUIRED FINDINGS (Chapter 3):
Pursuant to lOR Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
findings relate to Future land Use Map Consistency, Concurrency,
Comprehensive Plan Consistency and Compliance with the lOR's as noted
below.
Planning and Zoning Board ~."ff Report
Cityscape - Conditional Use quest
Page 2
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map designation of CC (Commercial Core)
and is zoned CBD (Central Business District). The CBD zoning district is consistent
with the CC Future Land Use Map designation. Pursuant to LDR Section 4.4.13(B)(4),
mixed-use development with a density up to 30 dwelling units per acre is allowed as a
permitted use in the CBD zoning district. Based upon the above, positive findings can
be made with respect to consistency with the Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
Preliminary water and sewer plans have not been provided with the conditional use
application. However, the following is noted:
~ Water service is available to the site via lateral connection to an existing 12" main
along Federal Highway
~ Sewer service is available to the site via lateral connection to existing 8" sewer
mains along the west and south sides of the property.
~ With respect to fire suppression, there is an existing fire hydrant at the northwest
corner of NE 5th Avenue and NE 3rd Street. Additional fire suppression will be
required and will be reviewed as part of the site plan.
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment Plant for
the City at build-out. Based upon the above, positive findings can be made with respect
to these levels of service standards subject to the provision of adequate fire
suppression, which will be reviewed as part of the site plan process.
Streets and Traffic:
The applicant provided a traffic impact study for the subject property, which indicates
that the proposed development will generate a net total of 1,784 new average daily
trips. The development results in 158 p.m. peak trips. The traffic impact study is based
on 75 condominium units and 34,000 square feet of retail use. It is noted that the site
plan indicates that 34,310 square feet of commercial floor area is proposed. Therefore,
a condition of approval is attached that the traffic impact study be revised to reflect the
development proposal.
A copy of the traffic study was submitted to the Palm Beach County Traffic Engineering
Division for review with respect to concurrency. The County has not responded to the
traffic study. It is noted that the property is located in the Coastal Residential Exception
Area, which exempts the residential component of the project from the County Traffic
Planning and Zoning Board c.-"'=lff Report
Cityscape - Conditional USe ,quest
Page 3
Performance Standards (concurrency). The property is also located within the Traffic
Concurrency Exception Area. Staff anticipates that a finding of concurrency will be
made by the County with respect to traffic generation by the nonresidential uses
contained within the proposed development. A condition of approval is that a letter is
provided by the Palm Beach County Traffic Division stating that the proposal complies
with the County's traffic performance standards ordinance. Based upon the above, a
positive finding with respect to this level-of-service standard can be made.
Parks and Recreation Facilities:
The Open Space and Recreation Element of the Comprehensive Plan indicates in it's
conclusion that "The City will have sufficient recreation facilities at build-out to meet the
adopted standards". A park impact fee is collected to offset any impacts that the project
may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building
permit for each unit. A total fee of $37,500 will be required of this development for
parks and recreation purposes.
Solid Waste:
Trash generated each year by the 75 condominium units will be 39 tons (0.52 x 75).
The trash generated each year by the 34,000 square feet of retail area will be 173.40
tons (34,000 x 10.2/2000 = 173.40). Per the Solid Waste Authority, 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.
Drainaae:
Preliminary drainage plans have not been submitted with the conditional use
application. Therefore, a finding of concurrency will have to be made with the site plan
application. There are no problems are anticipated with providing adequate storm water
retention on-site.
School Concurrency:
The application has been transmitted to the School District for their consideration. A
finding of concurrency has been received from the School District of Palm Beach
County.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request
shall be the basis upon which a finding of overall consistency IS to be made.
Other objectives and policies found in the adopted Comprehensive Plan may be
used in making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies that are relevant to the
Conditional Use application are noted:
Planning and Zoning Board N~ff Report
Cityscape - Conditional Use. ;quest
Page 4
Future land Use Element Obiective A-1: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs.
There are no special physical or environmental characteristics of the land that would be
negatively impacted by the mixed-use development. The property is bordered on the
west side by the FEC railroad right-of-way. The project has been designed utilizing the
recently adopted Downtown Design Guidelines and consequently the fourth and fifth
floors are oriented toward the west side of the property. These floors are setback from
Federal Highway 50' 1" and approximately 175' from NE 3rd Street. Consequently, the
portion of the development along Federal Highway and NE 3rd Street is 37' high. This
design is complimentary to the 3-story San Sebastian townhouse development to the
south.
As noted in the background section of this report, there are two existing houses on the
subject that were constructed in 1921 and 1922 and are contributing buildings. Steps
should be taken by the applicant to ensure that these structures are relocated
elsewhere in the City in order to preserve this piece of the City's history.
Housina Obiective A-12: To assist residents of the City in maintaining and
. enhancing their neighborhood environment, the City shall take steps to ensure
that modifications in and around the neighborhood do not lead to its decline,
such as those described in the following policies.
Housina Policv A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
As noted above, the proposed increase in height will not create an additional impact on
the surrounding neighborhood. The proposed development has significantly increased
the front and side-street setback for the fourth and fifth floors. The result is that the
massing of the building along Federal Highway and NE 3rd Street will be similar to the
surrounding neighborhood. It is noted that the increase in height does not increase the
intensity of the development since the residential density could be accommodated in 4-
stories if the setbacks were decreased to the minimums allowed. The increase in
building height will not adversely affect the traffic volumes and circulation in the
neighborhood. Impacts due to traffic generation will be considered by the Site Plan
Review and Appearance Board as part of the site plan review process.
Planning and Zoning Board "~,ff Report
Cityscape - Conditional Use .;quest
Page 5
REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT:
Pursuant to LOR Section 4.3.4(K), the maximum height of structures in the CBO zoning
district is 48'. Pursuant to LOR Section 4.3.4(J)(1), height is defined as the vertical
distance from grade to the highest finished roof surface of a flat roof or to the mean
level between eaves and ridge for gable, hip, or gambrel roofs. For buildings adjoining
more than one street, the grade is established as the average of the mean elevation of
the crown of the adjoining streets. Based on a mean elevation of 14.80' for Federal
Highway and NE 3rd Street the proposed building is approximately 57' 6" high.
Pursuant to LOR Section 4.3.4(J)(4)(b)(i)(9), an increase to a maximum height of
60' may be approved by the City Commission as a conditional use for property
within the Central Core portion of the ceo (Central Business District). The City
Commission may approve an increase in height to a maximum height of 60'
based upon a finding of compliance with each of the enumerated criteria listed
below. (Note: The following criteria are those that were in effect at the time of the
submittal of the conditional use application. The City Commission has since
approved modifications that include provisions for work force housing and
minimum non-residential ground floor frontage).
(ii) That the increase in height will not provide for, nor accommodate, an increase
in the floor area (within the structure) beyond that which could be
accommodated by development which adheres to a height limitation of 48',
except for the following situations:
(1) An increase in intensity is allowed when the increase from 48' to 60' is
for the purpose of accommodating residential use on the top floor of the
structure; however, the increase in intensity is only for the added
residential use area;
The increase in height is requested to accommodate residential uses on the
top floor of the structure, thereby meeting this requirement. It is noted that
due to increasing the building setback for the fifth floor the intensity of the
development is not being increased since these units could be relocated to
the fourth floor if the minimal setbacks were provided.
(iii)That the increase in height is based on or will result in one or more of the
following:
(1) A demonstrable need that, in order to accommodate the nature of a
particular use or a particular matter or type of construction, a greater
than normal space between floors or height of story is necessary;
(2) That 75% or greater of an area of the ground floor is devoted to parking
and vehicular traffic circulation; or
(3) That for each foot in height above 48', an additional building setback of
two feet (2') is provided from the building setback lines which would be
Planning and Zoning Board ,... "'ff Report
Cityscape - Conditional Use ...quest
Page 6
established for a 48' tall structure. The additional setback is required
from all setback lines (i.e., front, side, and rear) for the portion of the
building that extends above 48 feet. In lieu of this setback requirement,
buildings in the CBD zone shall adhere to the setback requirements of
that district.
The following table identifies the setbacks of the CBD (Central Business District)
for that portion of the building that extends above 48':
50% maximum
Remaining Length
100%
29' minimum
41' minimum
41' minimum
50' 1"
50' 1"
175'
O' minimum l'
10' minimum 10'
The proposed 57.5'-high building would be required to provide an additional 19'
setback from each property line if the 2' rule were applied. As noted in the table
above, the proposed building does not provide the additional 19' setback from all
property lines. However, that portion of the building above 48' meets or exceeds
the minimum setback requirements of the newly adopted Design Guidelines for
the CBD zoning district. Therefore, the proposed increase in building height can
be based on a positive finding with LDR Section 4.3.4(J)(4)(b)(iii)(3) given the
adherence to the setback requirements of the CBD.
LOR SECTION 2.4.5(El - REQUIRED FINDINGS:
Pursuant to LOR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the
City Commission must make findings that establishing the conditional use will
not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is bordered to the north, south, and east by CBD zoning and CBD-
RC (Central Business District - Railroad Corridor) to the west. The adjacent land uses
include: to the north a gas station; to the south an office and multiple family residential
(San Sebastian); to the east is commercial (primarily office across Federal Highway);
and light industrial to the west (across the FEC railroad right-of-way).
As noted previously, the applicant has designed the project such that the massing of the
building is reduced along Federal Highway and NE 3rd Street by increasing the setbacks
Planning and Zoning Board "'"'ff Report
Cityscape - Conditional Use jquest
Page 7
along these streets. The massing of the project will be similar to the three-story San
Sebastian project when viewed from the street level. The fourth and fifth stories have
been located along the west side of the property, adjacent to the railroad tracks. Based
on this development concept, approval of the conditional use for an increase in height
would not have a detrimental effect on the neighborhood. Furthermore, the
redevelopment of the underutilized properties will likely stimulate further redevelopment
of nearby properties by introducing new residents and commercial opportunities.
Based upon the above, positive findings can be made with respect to LOR Section'
2.4.5(E) (5) for the conditional request to increase the building height to a maximum of
60' (57' 6" proposed).
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was submitted
which staff has reviewed. It is noted that the conceptual plan is insufficient to
conduct a complete analysis of the Land Development Regulations. If the
Conditional Use is approved, a full site plan submittal complying with LDR
Section 2.4.3 will be required. Based upon staff's review of the sketch plan and
site inspections, the following analysis is provided.
Density:
Pursuant to LOR Section 4.4.13(B)(4), the maximum allowed permitted density in the
CBO zoning district is 30 dwelling units per acre. The conceptual plan indicates that the
subject property consists of 2.5 acres, which results in a density of 30 dwelling units per
acre. However, according to the survey it appears that the property contains 2.486
acres, which results in a density of 30.168 dwelling units per acre. A density greater
than 30 dwelling units per acre is not an allowed use in the CBO zoning district north of
NE 2nd Street. Consequently, pending resolution of the acreage issue the development
proposal may need to be modified to reduce the density.
Parking Requirements:
Pursuant to LOR Section 4.6.9(C)(3)(a), the required parking for general commercial
floor area is 4.5 parking spaces per 1,000 square feet of gross floor area. The
conceptual plan indicates that parking is provided based on a ratio of 1 space per 300
square feet of gross floor area. Furthermore, the City typically requires that at least 1
parking space is reserved for each residential unit when shared parking is proposed.
Based on the correct parking calculation for the commercial floor area and reserving 1
space per unit, the proposed development is required to provide 289 parking spaces.
The proposed development exceeds this requirement since 301 parking spaces are
proposed.
Right-of-Way Dedication:
Pursuant to LOR Section 5.3.1 (0)(2), the required alley width is 20' or the existing
dominant width. The existing alley adjacent to the west side of the subject property is
Planning and Zoning Board I'Hlff Report
Cityscape - Conditional USe ~quest
Page 8
16' wide. In order to provide adequate maneuvering area within this alley a dedication
of 4' will be required and will be addressed during the site plan process.
Setbacks:
Pursuant to LOR Section 4.4.13(F)(3)(i), the same standards that apply to front property
line shall apply to the first 60' of the building facing the side street property line. A 10'
minimum setback is required for 70% minimum to 90% maximum of the building
between finished grade and 25' is required along NE 3rd Street. The conceptual plan
indicates that a 5' setback is provided for the entire length of the building frontage along
NE 3rd Street.
Architectural Changes:
Pursuant to LOR Section 4.6.18(B)(14)(v), buildings subject to the Downtown Design
Guidelines are required to provide a change in roof design, doors and window rhythm
and articulation, and building materials or textures every 150' of building frontage. The
proposed elevations fronting on Federal Highway do not provide the required variations.
Additional architectural treatments must be provided and will be reviewed by the Site
Plan Review and Appearance Board as part of the site plan application. The building
elevations will also need to provide additional architectural treatments for the fourth and
fifth floors.
Secondary Access:
The parking garage has only one access point from Federal Highway. In order to
provide better access to the parking garage and better disperse the vehicles onto the
surrounding road network another driveway needs to be provided along the alley at the
northwest corner of the property. This issue will be addressed during the site plan
review process.
Community Redevelopment Aqency (CRA):
At its meeting of December 9, 2004, the CRA reviewed the conditional use request and
unanimously recommended approval.
Downtown Development Authority:
At its meeting of January 10, 2005, the DDA reviewed the conditional use and
recommended 4-1 approval.
Site Plan Review and Appearance Board:
If the Conditional Use request is approved, a site plan application will be processed for
the development proposal, with final action by SPRAB.
Planning and Zoning Board (.H~ff Report
Cityscape - Conditional USE. .;quest
Page 9
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations and
interested parties, which have requested notice of developments in their areas:
~ Progressive Residents of Delray (PROD)
~ President's Council
~ Delray Beach Chamber of Commerce
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support or objection, if any, will be presented at the
Planning and Zoning Board meeting.
The proposed conditional use is to allow an increase of the building height in excess of
48' (57'-6" proposed). The increase in height is in part due to the applicants provision of
setbacks over those required for the front and side street, which results in the reduction
of the massing of the building. This will reduce the massing of the building on Federal
Highway and NE 3rd Street. It is noted that the fourth and fifth floors do not have the
same architectural elements of the lower floors and that additional treatment is needed.
Despite the reduced visibility of these floors, additional architectural treatments need to
be provided for aesthetic compatibility. With redevelopment of the site it is noted that
there are two existing buildings on the property that were constructed in 1921 and 1922
and all efforts should be made to save and relocate these resources elsewhere in the
City.
As described in this staff report, the request for additional height meets the criteria
established in 4.3.4(J)(4)(b). The proposed use is consistent with the objectives and
policies of the Comprehensive Plan and Chapter 3 of the LDR. Positive findings can be
made with respect to LDR Section 2.4.5(E)(5) regarding compatibility of the proposed
development with the surrounding properties regarding the requested increase in
building height.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the conditional use
request to allow for a building height in excess of 48' (57'-6" proposed) for
Cityscape, by adopting the findings of fact and law contained in the staff report, and
finding that the request is consistent with the Comprehensive Plan and meets criteria
set forth in Section 2.4.5(E)(5), 4.3.4(J)(4)(b), and Chapter 3 of the Land
Development Regulations.
Planning and Zoning Board ,. '~ff Report
Cityscape - Conditional Us~ .:quest
Page 10
C. Move a recommendation of denial to the City Commission for the conditional use
request for a building height in excess of 48' (57'-6" proposed) for Cityscape, by not
adopting the findings of fact and law contained in the staff report, and find that the
request is inconsistent with the Comprehensive Plan and does not meet criteria set
forth in Section 2.4.5(E)(5), 4.3.4(J)(4)(b), and Chapter 3 of the Land Development
Regulations.
Move a recommendation of approval to the City Commission for the conditional use
request to allow a height in excess of 48' (57' 6" proposed) for Cityscape, by adopting
the findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)
(5), 4.3.4(J)(4)(b), and Chapter 3 of the Land Development Regulations, subject to the
following condition:
1. That the traffic impact statement be revised to reflect the development proposal with
respect to commercial floor area (34,310 square feet) and that a letter is provided by
the Palm Beach County Traffic Division stating that the proposal complies with the
County's traffic performance standards ordinance.
Attachments:
. Conceptual Plan
. Location Map
Report prepared by: Scott D. Pape, Senior Planner
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CITYSCAPE
CITY OF DELRA Y BEACH, FL
PLANNING &: ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
MAP REF: LMB04
PORTEN . ~~~~~&,~
November 28,2006
Mr. Derrick L. Cook
City of Del ray Beach
100 N.W. 1st Avenue
Delray Beach, II.. 33444
RE: CityScape ConditionallJse extension
Dear Mr. Cook:
The City Commission approved a conditional use request for an increase in building
height for our CityScape propelty located at 300 NE 5th Avenue on February 1, 2005.
Pursuant to LDR Section 2.4.4(E)(2), this action is valid for twenty-four (24) months.
Please accept this letter as our request for an extension to this approval. Pursuant to LDR
Section 2.4.4(E)(3) we are submitting the request forty-five (45) days prior to the
expiration.
Weare requesting this extension because "lie have not met the requirements to establish
the pH~;ect as of this date. A Class V Site Plan Modification was submitted and approved
by -;lIe Site Plan Review and Appearance Board (SPRAB) on April 5, 2006. Since that
dale, we have complied with the necessary conditions and are hoping to achieve Site Plan
Celtification shortly. Also, a Plat was submitted and approved by the City Commission
on October 3, 2006. As of this date, the building permit has not been submitted.
Please contact me if YOll require any further inf(xmation regarding this extension request.
I can be reached at (954) 422-) 883
Sincerely,
;...~ ~ d.
tze~ 7. ~
1.{:llnie F. Smith
Vice President
REGE\\!ED
NO~ 2 9 2006
, ,\ ~(""\'\f\\G
PlANNI\~:,i e~ LU\~ \~
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
2()() N\V I st AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPIIO\JE: 56 I 124.\.7()l)() . FACSIMILE: 561/278.4755
DELRAY BEACH
f LOR I D A
D.eztI
All-America City
Writer's Direct Line: 561/243-7091
" III! DATE:
MEMORANDUM
January 11, 2007
1993
2001
TO:
City Commission
David Harden, City Manager
{\...,.... ------:;:=:::;:
Brian Shutt, Assistant City Attorney
FROM:
SUBJECT: Call to Artists for City Hall and Knowles Park Art Proiects
Pursuant to the presentation made at the January 9, 2007 City Commission
workshop meeting, the City Commission is requested to grant approval for two call
to artists to be issued, City Hall and Knowles Park, each with a proposed budget of
$50,000.00. The City will apply for a matching grant from Palm Beach County
regarding these two projects.
Our office requests that this item be placed on the January 16, 2007 City
Commission agenda for approval. Please call if you have any questions.
cc: Chevelle Nubin, City Clerk
Randal Krejcarek, City Engineer
q.~
DK
~
I
~
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE
:'00 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHO'\iE: :i611:'43-7()l)() . FACSIMILE: 561/:'n-4755
DELRAY BEACH
~
Ail-America City
Writer's Direct Line: 561/243-7091
, III J! DATE
MEMORANDUM
January 11, 2007
1993
2001
FROM:
City Commission
David Harden, City Manager
t-~~
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Amendment to the Aqreement with Cinqular reqardina the Police
Tower
On December 5, 2006 you approved an amendment to the agreement that the City
has with Cingular Wireless, regarding the placement of cellular antennae on the
City's police department tower. You agreed to amend the agreement to change
the monthly rent from $2,318.55 to $1,700.00; to change the annual escalator from
3% to 2%; and to provide for an initial 5 year term with 5 additional 5 year terms
based on the fact that Cingular, since merging with AT&T, is in the process of
reducing its antenna sites. The amendment also provided that Cingular will
guarantee the rental payment to the City through January 31, 2009 and the City
may terminate the agreement prior to a 5 year renewal term upon prior notice from
the City.
Subsequent to the Commission meeting Cingular informed me that the City's
ability to terminate the agreement, prior to a new renewal term, was not
acceptable. Therefore, I have changed paragraph 2 of the proposed amendment
to reflect the language requested by Cingular. Cingular has also provided that
they will increase the monthly rent from $1700.00 to $1800.00.
I have also attached an email from Amanda Solomon, Telecommunications
Systems Manager for the City, outlining some of her concerns regarding the
proposed language.
Our office requests that this item be placed on the January 16, 2007 City
Commission agenda. Please call if you have any questions.
Attachment
cr.})
Page 1 of2
Shutt, Brian
From: Solomon, Amanda
Sent: Tuesday, January 09, 2007 8:50 PM
To: Barcinski, Robert
Cc: Shutt, Brian; Harden, David; Ruby, Susan
Subject: RE: Cingular Amendment for the Police tower
Bob,
I feel we need to sit down and discuss this before Brian takes it back to commission. When Brian and I talked last
week I expressed to him that if Cingular wanted a long term commitment that their original request stating that
they would be decommissioning the site unless we were willing to lower the rate was not a factual statement. The
original request was to lower the lease amount was that they no longer needed this site and that they were
planning on decommissioning this site. And if I am understanding their newest request it is for a longer lease,
which means to me that they are still in need of this site, and that we should request a higher lease amount as
well as raising the 2% escalation back to 3%.
If anything, I think we need to open up discussions again before going back to Commission. We spent at least
eight months working on this last agreement that was presented to Commission, and now they want to change
the terms after we send them a final agreement for execution.
What are you thoughts on this?
Amanda
From: Barcinski, Robert
Sent: Tue 1/9/20072:31 PM
To: Solomon, Amanda
Subject: FW: Cingular Amendment for the Police tower
From: Shutt, Brian
Sent: Tuesday, January 09, 2007 1:54 PM
To: Harden, David
Cc: Barcinski, Robert; Ruby, Susan
Subject: Cingular Amendment for the Police tower
The lease amendment that was just approved by the Commission had a $1700.00 monthly lease fee. In speaking
to the Cingular rep. they agreed to up the rent to $1800.00 per month. I will bring this back to the Commission
with the change in rental fee and the change required by Cingular to remove our ability to terminate, for any
reason, after each 5 year renewal term.
R. Brian Shutt
Assistant City Attorney
200 N.W. 1st Avenue
Delray Beach, FL 33444
(561 )243-7091
Fax (561 )278-4755
1/11/2007
Cell Site No: N127956/ WP095/Delray Police Tower_32712
Site Address: 300 W Atlantic Ave, Delray Beach, FL 33444
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("First Amendment") dated as of the date
below is by and between CITY OF DELRA Y BEACH, a municipal corporation in the County of Palm Beach
and State of Florida, having a mailing address at 100 NW 1st Avenue, Delray Beach, FL 33444 (hereinafter
referred to as "Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company,
successor in interest to AT&T Wireless PCS, LLC, a Delaware limited liability company, having a mailing
address at 6100 Atlantic Boulevard, Norcross, Georgia 30071 (hereinafter referred to as "Tenant").
WHEREAS, Landlord and Tenant entered into a Lease Agreement dated June 6, 2001; whereby
Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 300
W Atlantic Ave, Delray Beach, FL 33444 ("Agreement"); and
WHEREAS, Landlord and Tenant desire to extend the terms of the Agreement; and
WHEREAS, Landlord and Tenant desire to modify, as set forth herein, the Rent payable under the
Agreement; and
WHEREAS, Landlord and Tenant desire to modify, as set forth herein, the Tenant's obligations to pay
Rent to Landlord for a Rent Guarantee Period; and
WHEREAS, Landlord and Tenant, in their mutual interest, further wish to amend the Agreement as set
forth below.
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Landlord and Tenant agree as follows:
1. Term. The Term of the Agreement shall be amended to provide that the Agreement has a new
initial term of 60 months ("New Initial Term"), commencing on February 1, 2007. The Term will be
automatically renewed for up to 5 additional 60 month terms (each an "Extension Term"), unless, 90 days prior
to such renewal, the Landlord Tenant gives written notice to Tenant Landlord of its intent to not renew the
Agreement.
2. Termination. In addition to any rights that may exist in the Agreement, after the Rent Guarantee
Period, as defined below, Tenant may terminate the Agreement at any time with 30 days prior written notice to
Landlord; provided, that Tenant pays to Landlord an amount equal to 12 months of the then current Rent.
3. Modification of Rent. Commencing on February 1, 2007, the Rent payable under the
Agreement shall be $1,700.00 $1,800.00 monthly, and shall continue during the Term, subject to adjustment as
provided below.
Landlord Initial:
Tenant Initial:
4. Modification of Tenant's Obligation to Pay - Rent Guarantee. Notwithstanding Tenant's
obligations to pay Rent set forth under the Agreement, for a 24 month period commencing February 1, 2007 and
ending January 31,2009 ("Rent Guarantee Period"), Tenant hereby agrees that Tenant's obligation to pay Rent
is guaranteed and such obligation will not be subject to offset or cancellation by Tenant. Notwithstanding the
foregoing, if Landlord exercises any of Landlord's rights to terminate the Agreement, if any, Tenant will be
released from any and all of its obligations to pay Rent during the Rent Guarantee Period as of the effective date
of the termination.
5. Future Rent Increases. The Agreement is amended to provide that commencing on February 1,
2008, Rent shall be increased by 2.00% and every year thereafter.
6. Acknowledgement. Landlord acknowledges that: 1) this First Amendment is entered into of
the Landlord's free will and volition; 2) Landlord has read and understands this First Amendment and the
underlying Agreement and, prior to execution of the First Amendment, was free to consult with counsel of its
choosing regarding Landlord's decision to enter into this First Amendment and to have counsel review the terms
and conditions of the First Amendment; 3) Landlord has been advised and is informed that should Landlord not
enter into this First Amendment, the underlying Agreement between Landlord and Tenant, including any
termination or non-renewal provision therein, would remain in full force and effect.
7. Notices. Section 16 of the Agreement is hereby deleten in its entirety and replaced with the
following: NOTICES. All notices, requests, demands and communications hereunder will be given by first
class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier,
postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will
be addressed to the parties as follows: As to Tenant, New Cingular Wireless PCS, LLC, c/o Network Real
Estate Administration, Cell Site # N127956, Cell Site Name WP095/Delray Police Tower, 6100 Atlantic
Boulevard, Norcross, Georgia 30071, with a copy to Cingular Wireless Attn.: Legal Department, Re: Cell Site #
N127956, Cell Site Name WP095/DelrayPolice Tower, 15 East Midland Avenue, Paramus, NJ 07652; and as to
Landlord, 100 NW 1st Avenue, Delray Beach, FL 33444. Either party hereto may change the place for the
giving of notice to it by thirty (30) days prior written notice to the other as provided herein.
8. Other Terms and Conditions Remain. In the event of any inconsistencies between the
Agreement, and this First Amendment, the terms of this First Amendment shall control. Except as expressly set
forth in this First Amendment, the Agreement otherwise is unmodified and remains in full force and effect.
Each reference in the Agreement to itself shall be deemed also to refer to this First Amendment.
9. Capitalized Terms. All capitalized terms used but not defined herein shall have the same
meanings as defined in the Agreement.
[NO MORE TEXT ON THIS PAGE - SIGNATURES TO FOLLOW ON NEXT PAGE]
Landlord Initial:
Tenant Initial:
IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to
execute and seal this First Amendment on the date and year below.
LANDLORD:
CITY OF DELRA Y BEACH, a municipal
corporation in the County of Palm Beach and State
of Florida
TENANT:
New Cingular Wireless PCS, LLC, a Delaware
limited liability company
By:
Name:
Title:
By:
Name:
Title:
Tax Id
Date
WITNESSED BY:
By:
Name:
Title:
By:
Name:
Title:
LANDLORDACKNOWLEDG~NT
INDIVIDUAL CAPACITY
COUNTY OF
)
)
)
SS.
STATE OF
I certify that I know or have satisfactory evidence that is/are the
person(s) who appeared before me, and said person(s) acknowledged that said person(s) signed this instrument and
acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument.
DATED:
Notary Seal
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of
My appointment expires:
REPRESENT ATIVE CAPACITY
COUNTY OF
)
)
)
SS.
STATE OF
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said
person was authorized to execute the instrument and acknowledged it as the of
, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
DATED:
Notary Seal
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of
My appointment expires:
PARTNERSHIP (consisting of corporate partners) ACKNOWLEDGEMENT
COUNTY OF
)
) ss:
)
STATE OF
I CERTIFY that on , 200 , personally came before me
and this/these person(s) acknowledged under oath to my satisfaction, that:
(a) this/these person(s) signed, sealed and delivered the attached document as
[title] of [name of corporation] a corporation of the State of
, which is a general partner of the partnership named in this document;
(b) the proper corporate seal of said corporate general partner was affixed; and
(c) this document was signed and delivered by the corporation as its voluntary act and deed as [a]
general partner(s) on behalf of said partnership [by virtue of authority from its Board of Directors].
Notary Public:
My Commission Expires
CORPORATE ACKNOWLEDGEMENT
STATE OF
)
)
)
COUNTY OF
I CERTIFY that on . 200 ,
representative] personally came before me and acknowledged under oath that he or she:
(a) is the [title] of
corporation], the corporation named in the attached instrument,
(b) was authorized to execute this instrument on behalf of the corporation and
(c) executed the instrument as the act of the corporation.
[name of
[name of
Notary Public:
My Commission Expires:
TENANT ACKNOWLEDGEMENT
COUNTY OF
)
) SS.
)
STATE OF
I certify that I know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Executive Director of New Cimrular Wireless PCS. LLC.
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED:
Notary Seal
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of
My appointment expires:
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER t'f!l
AGENDA ITEM # q [REGULAR MEETING OF JANUARY 16.2007
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD
TO:
FROM:
DATE:
JANUARY 12,2007
The terms for Mr. Glen Schuster and Mr. Samuel Resnick will expire on January 14,2007. Mr.
Schuster will have served one (1) full term, is eligible and would like to be considered for
reappointment. Mr. Resnick will have served an unexpired term and would not like to be
considered for reappointment. This creates a vacancy for one (1) alternate member to serve a
three (3) year term ending January 14, 2010.
All members of the Code Enforcement Board must be residents of the City. Appointments to
both regular and alternate member positions shall be on the basis of experience or interest in the
fields of zoning and building control. The regular and alternate membership of the Board shall,
whenever possible, include an architect, a business person, an engineer, a general contractor, a
subcontractor and a realtor.
The following individuals have submitted applications and would like to be considered for
appointment:
See Exhibit "An attached:
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat
#3) for one (1) regular member to serve a three (3) year term ending January 14, 2010, and
Commissioner Ellis (Seat #1) for one (1) alternate member to serve a three (3) year term ending
January 14,2010.
Recommend appointment of one (1) regular member and one (1) alternate member to the Code
Enforcement Board for three (3) year terms ending January 14, 2010.
Gerald Franciosa
Matthew Hartley
James Houck
Glenn Schuster
George Thacker
CODE ENFORCEMENT BOARD
EXHIBIT" A"
Retired-Law Enforcement
IT Specialist
(currently serving on the Neighborhood Advisory
Council)
Property Management (currently serving on the Board of Construction
Appeals)
Retired-New York Fire Department Incumbent
Accounts Manager (currently serving on the Board of Adjustment)
CODE ENFORCEMENT BOARD
01/07
TERM REGULAR MEMBERS OCCUPATION POSITION TELEPHONE
EXPIRES FIllING
01/14/2007 Glenn Schuster Fire Chemical Layperson Work:
Unexp Regular Appt 4585 A Northwest 3rd St. Specialist Home: 499-0561
08/19/03
Unexp Alt 05/06/03 Delray Beach, FL 33445 Cell: 706-0553
Reappt 01/06/04
01/14/2010 Stanley Brodka Financial Services Real Estate Home: 274-9502
unexp Appt 09/05/06 920 Hyacinth Drive Cell: 702-2956
Reappt 01/02/07 Reg Delray Beach, FL 33483
01/14/2010 David Hawke, Chair Architect Architect Work: 740-4440
Unexp Appt 01/07/03 121 Heather Lane Home: 278-3414
Unexp Regular Appt Delray Beach, FL 33444 Fax: 921-0444
04/15/03
Reappt 01/06/04
Reappt 01/02/07
01/14/2008 Beril Kruger Planner Business Person Work: 265-4983
Unexp Appt 07/24/01 9 NE 16th St. Home: 265-2019
Appt 04/02/02 Delray Beach, FL 33444 Cell: 870-4701
Reappt 01/04/05
01/14/2009 Robert Marks Construction General Contractor Work:
Unexp Alt Appt 01/07/03 371 Coral Trace Lane Home: 266-8494
Unexp Reg Appt Delray Beach, FL 33445 Fax:
04/15/03
Reappt 02/07/06
01/14/2009 Anthony Veltri Retired/ General Sub Contractor Home: 272-0252
Alt Appt 01/02/01 2915C NW 12th St. Adjuster
Unexp Regular Appt
02/02/01 Delray Beach, FL 33445
Reappt 01/07/03
Reappt 01/17/06
01/14/2009 Mark Behar, Vice Chair Property Mgmt. Engineer Work: 254-9605
Appt. 09/09/03 alt 140 West Lee Road Home: 279-2335
Unexp Appt 10/05/04 Delray Beach, FL 33445 Fax: 279-9192
Reappt 02/07/06
Cell: 254-9605
ALTERNATES
01/14/2010 Layperson
Vacant
01/14/2010 Susan Kay Case Manager Layperson Home: 495-7848
Appt 01/02/07 2571 Hampton Circle North Fax: 495-1287
Delray Beach, FL 33445
Contact: Danise Cleckley 243-7213
S/City Clerk/Board O6/Code Enforcement Board
OElRAY.BEACH
. , . . . 0 ...
*****
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CITY OF DELRAY BEACH L n '1.006
BOARD MEMBER APPLICATldW'J 'i'i\'/...
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7. Are you a registered voter?
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1 O. EducationaI qUalifications:
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11. List any rdated professional certifications and licenses which you hold:
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12 Give your preseot, or most recent employer, and position:
13. Describe experiences, skills or knowledge which qualify you to serve on this board: (plc:ase attach a brief resume)
(-
s application will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
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CITY OF DELRAY BEACH RECE\VED
BOARD MEMBER APPLICATIONAN 1 7 2006
C\TY CLERK
*****
2.
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4. Principal. Business Address:
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5. Home Phone: Business Phone: E-Mail Address: Cen Phone: Fax:
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6. he you a registered voter? : e5 If so. where are you registered? Pt:.-/~ Be~A
7. What Board(s) are you interes ed in serving? Please list in order of preference:
, . . _.: _ ". '. v
no YJe c.--J- j-t,J5 rM e' _ -' c....... A n e'ue >-
9.. Edu tional quali..fi.cations: .
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6'O~1 Con5re~J /fv-c, Boo-- ~4--11 Ft-- ?)Lj f 'I
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'12 Describe experienceS. skills or knowledge which qualify you to serve on this board: (please attach a'brief resume)
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I hereby certify that all the aJ:>ove s tements. are ttuc; andl agree and underst2n.d that any misstatement of material facts C ,.
cont2in . this p'lication. . ca orfeiture upon my part of any appointment I may receive. 41
. . DA!) /I /NrJ'
...-tote: This .application will remain on file in the City Clerk's.Office for a period of2 years fr~m the date it was
submitted, It will be the applicant's responsib~ty to ensure' that a current application is on file. .
S'ClIYaJ!IWIlOAIlJMm1CAUON
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Matthew W. Hartley
2522 81a Street. Delray Beach, FL 33444
Home: (561) 243-4808. een:(603) 674-3067
m_wade_hartley@hotmail.com
QUALIFICATIONS PROFILE
Information Technology Specialist with a diverse background in customer interfacing, technical writing, project
management, and software engineering (specifically in speech and web technologies). Exceptional
interpersonal communication, leadership, analytical, and organizational skills.
CONSULTING ENGAGEMENTS
Genesys Labs, San Jose, CA. (Noy 2004)
Enabled Genesys labs system test group with installing, configuring and troubleshooting
WebSphere Voice Server 5.1.x.
Cisco Systems, Boxborough, MA. (Feb 2005)
Presented WebSphere Voice Server 5.1.x product and enabled Cisco Systems system test
group with installing, configuring and troubleshooting WebSphere Voice Server 5.1.x.
Bank of China, Beijing, China (Feb 2005)
Presented WebSphere Voice Server 5.1.x product to senior technical staff at Bank of China.
Call Design Pty Ltd, Sydney, Australia (March 200s)
Presented WebSphere Voice Server 5.1.x product, enabled for installing, configuring, and
troubleshooting WebSphere Voice Server 5.1.x, and helped develop a voice appfication for a
Call Centereonference in Sydney, Australia that used WebSphere Voice Server 5.1.x.
Holly, Sydney, Australia (March 2005)
Presented WebSphere Voice Server 5.1.x product to senior technical staff at Holly.
Genesys Labs, Sydney, Australia (March 2005)
Installed WebSphere Voice Server 5.1.x for their use in product demos.
Gold Systems Inc., Boulder, CO (April 2005)
Presented WebSphere Voice Server 5.1.x product and enabled Gold Systems technical
staff with installing, configuring and troubleshooting WebSphere Voice Server 5.1.x.
AAA Auto Club of Southern California, Costa Mesa, CA (June 2005)
Installed WebSphere Voice Server 5.1.x product at customer site for production deployment of
customer IVR
AAA Auto Club of Southern California, Irving, TX (Noy 2005)
Provided on-site customer support for the WebSphere Voice Server 5.1.~.
PROFESSIONAL EXPERIENCE
May 2002 - present, International Business Machines Corp., Boca Raton, FL
STAFF SOFTWARE ENGINEER
Projects and Highlights:
Co-designed and co-developed the IBM WVS (WebSphere Voice Server) 5.1.x MRCP Server
· Designed and developed components of the VNS 5.1.x MRCP Server, specifically the
functions that dealt with ATSP and DTMF processing.
· Worked with BP (Business Partners) IVR (Interactive Voice Response) systems (i.e. Cisco
540015300 gateways, Genesys Voice Platform). Set up development lab with respective
BP IVR solulions for interoperabllity testing. Helped to drive defect resolution with BP IVR's
on issues found during interoperability testing. .
· Presented WVS 5.1.x solution to numerous executives at IBM and at IBM sponsored
sales/technical conferences.
Co-designed and co-developed a VoiceXML 2.0 compliant web browser
· Designed and developed the part of the VoiceXML 2.0 compfiant web browser that
managed the fetching of resources and implemented VoiceXML caching parleY.
· Presented VoiceXML 2.0 compliant web browser to worldwide Business Partners and IBM
colleagues.
Matthew.~ Hart/ey cont...
November 1999 - May 2002, International Business Machines Corp., Boca Raton, FL,
SOFTWARE ENGINEER
Projects and Highlights:
Co-designed and co-developed a set of voice application development tools used to create VoiceXMl
applications.
. Team lead for the design and development of IBM's Reusable Dialog Components 1.0
release. Managed the entire design and development cycle, wrote a detailed design
specifICation, and performed project management duties which included (but is not lim~ed
to) identifying project tasks (and milestones) and assigning resources to those tasks.
i · Designed and deveJoped a graphical user interface for importing and customizing IBM's
Reusable Dialog Components within IBM's WebSphere Voice Toolk~ IDE.
. Co-developed the VoiceXMl Editor within IBM's WebSphere Voice Toolkit IDE.
August 1996 - October 1999, State Street Corp., Quincy, MA,
FINANCIAL ANALYST
Projects and Highlights:
Senior level pos~ion providing customer interface, project management and developmental analysis
for Secur~ies Operation Division.
. Project Manager for a proprietary client-server application called MGlobal Tax System-.
Designed to automate Global Tax Department processes and deliver reporting
requirements to sub custodians. Coordinated customer engagements and user
requirement proposals, technical planning and design, UAT (User Authorization Testing)
testing. and installation/deployment.
. Co-developed a proprietary client-server application called "Securities lending". Designed
to track and biD Brokers on dividendl'lOterest payments outstanding.
. Co-developed a proprietary client-server apprlCation called "Sommis.. Designed to forecast
budgets for,all departments and cost centers under the Securities Operation Division.
TECHNICAL SUMMARY
Programming Languages:
Grammar Languages:
Markup Languages:
Scripting Languages:
Development Software:
Web Server Administration:
Protocols:
Java (J2SE and J2EE)
Augmented Backus-Naur Form (ABNF), Speech Recognition Grammar
Specification (SRGS), Java Speech Grammar Format (JSGF), Speech
Recognition Control language (SRCL
Extensible Markup Language (XMl), Voice Extensible Markup Language
(VoiceXMl), Speech Synthesis Markup Language (SSMl), Call Control
Extensible Markup language (CCXMl
Java Script ECMA Script
IBM Rational Application Developer. Eclipse, MS Visual Studio, Visual Slick Edit
IBM WebSphere Application Server, Apache Tomcat Server, IBM HTTPServer,
HTfP (Hyper Text Transfer Protocol), SIP (SeSsion Initiation Protocol), RTSP
(Real Time Streaming Protocol), MRCP (MeOla Resource Control Protocol), RTP
(Real-time Transfer ProtocoQ, SOP (Session Description Protocol)
EDUCATION
University of Miami, Miami, Fl (Dee 2004)
M.S., Management of Technology - Magna Cum Laude
University Of New Hampshire, Durham, NH (May 1996)
B.S., Business Administration - minor in Rnance, Cum Laude
B.S., Psychology, Cum Laude
REFERENCES
References are furnished upon request
*****
3/~~r
CITY OF DELRAY BEACHRECEtVED
BOARD MIiMBER APPLICATlfJR 2 7 2006
CITY CLERK
ORRAY BEACH
. .. . . , . ..
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. 1993
2001
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7.
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9. Educational qualifications:
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11. Give yow; present, or most recent employer, and positio~
.10. List any related professional certifications an~ licenses which you hold:
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. you to serve on this hoard: (P~ a~. ch a brie
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statements are true; and I agree and undersbnd that any misstatement of material facts
cause forfeiture upon my part of any appointment I may receive.
.- . fie:: I It; 0
. DATE /
J.~ote: This application will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submitted It will be the applicant's responsibility to eOsuie' that a. current application is on file. . .
S'oClTY~.
. JIJ~,.f
JAMES HOUCK - RESUME OBJECTIVE & PROFESSIONALIDSTORY
Page 1 of3
OBJECTIVE
To secure a PROPERTY MANAGEMENT position where interrelated experience in Architecture (5
'years ~ Building Design and Site Planning), Operating and Capital Reserve Budgeting (18 years),
Computer Software (20 years - Microsoft Word, Excel, Access and others), Construction (3 years),
Corporate Business (10 years - Management, Sales, Marketing and Training), Property Management (18
years - Portfolio & On-Site Experience) and Real Estate Licensed (21 years - Commercial & Residential
Leasing, Sales, Marketing) will be of value to your company.
PRORSSIONAL mSTORY
1992- 2005 LANG MANAGEMENT COMPANY (Boca Raton, Florida)
ProDertv Mana2er
"On-Site" managed a 460 unit condominium development with nine (9) five (5) story
buildings and two swimming pools and a clubhouse.
Managed a portfolio of up to 16 high end community associations, collectively consisting of
649 individual homes and 345 two (2) and three (3) story condoniiniums totaling 994 units~
Responsible for preparing, implementing and overseeing the annual budget expenses of over
$4,000,000 collectively.
Professionally managed the contracts of accountants, architects, attorneys, carpenters,
electricians, elevators, engineers, general contractors, horticulturists, insurance companies,
irrigation specialists, handymen, landscapers, masons, plumbers, roadways, roofers and other
contractors, vendors and agencies.
Successfully negotiated and monitored the completion of three (3) developer turnover
settlements, 4 asphalt roadway overlay & 9 sealcoate projects, 8 painting and 5 sloped roof
replacement projects.
Set up "Excel" to calculate all the reserve budget reserve budget figures to eliminate the need
to personally bave to the calculations. .
Work with various city and county agencies on building and landscape projects.
1989 - 1992 BENCHMARK PROPERTY MANAGEMENT (Coral Springs, Florida)
ProDertv Manae:er
Consistently directed the operations of up to 15 properties, collectively consisting of more
than 1,000 two-story and mid-rise condo units and individual homes.
Responsible for preparing, implementing and overseeing the annual budget expenses of over
$3,500,000 collectively.
Successfully negotiated and monitored the completion of three (3) developer turnover
settlements, 2 asphalt roadway overlay & 8 sealcoate projects,S painting projects, 3 slopped
and 2 flat roof replacement projects.
JAMES HOUCK
Resume - Page 2 of 3
1987 - 1989 CONDOR PLACE JOINT VENTURE (Boca Raton, Florida)
On Site - PropertvManaeer & Leasine Director
Directed all on-site property management, sales and leasing efforts for a 40 bay 95,000 square
foot Office/Warehouse building.
Responsible for negotiating all contracts and leases.
Liaison between general contractors and maintenance companies.
Created and implemented annual budgets and prepared monthly fmancial analysis.
1985 - 1987 SCHNEIDER COMMERCIAL REAL ESTATE (Los Angeles, California)
Real Estate Aeent
Working with developers, property owners and tenants negotiated more than $4,000,000 in
retail and office leases and land and building sales.
Created and utilized computer generated databases to work with buyers and tenants and also
investm~nt programs to analyze building and land sale opportunities.
1984 - 1985 FRED SANDS REALTORS (Los Angeles, California)
Real Estate Aeent - Commercial Division
Negotiated more than $900,000 in retail and office leases and land sales. Achieved goals by
extensive cold calling on owners, tenants and other brokers.
1974 - 1984 ST. CHARLES MANUFACTURING COMPANY (St. Charles, Illinois)
A high end residential, laboratory and institutional cabinet manufacturing company.
Western Reeional Sales ManaeerlMulti-Housine Division (Based - Los Angeles, CA.)
Successfully directed the development of a new region of dealerships, independent agents and
corporate accounts throughout 7 key western states.
Eastern Reeional Sales ManaeerlMulti-Housine Division (Based - Ft. Lauderdale, FL.)
Effectively managed 17 independent dealerships throughout 8 key eastern states.
National Operations ManaeerlInstitutional Division
Supervised all corporate accounts and dealer services.
Corporate Sales EneineerlDraftsmanlEstimator
JAMES HOUCK (Licenses, Designations, Memberships, Board Member, Education)
Page 3 of3
PROFESSIONAL LICENSES & DESIGNATIONS & MEMBERSHIPS
2005-Present COlnmercial Property Management (CPM) Candidate (IREM ID #0159693) (Chapter #76)
2005-Present Florida Notary Public Commission (#D411955)
1989-Present Florida Community Association Manager License (#5414)
1987-Present..Florida Real Estate Broker License (#500323)
1984-1987 California Real Estate Broker License (Not-Active)
1984-1987 Affiliate member of the "International Council of Shopping Centers" (ICSC).
CITY GOVERNMENT - BOARD MEMBER
2004-Present City of Delray Beach, FL - Vice Chairman - Board of Construction Appeals
! EDUCATION
1987-2005 FLORIDA - Real Estate & Community Association Management Continuing Education
Classes
1984-1986 UNIVERSITY OF CALIFORNIA - Los Angeles, California
9 Commercial Real Estate Classes (property Management, Marketing, Finance and Appraisal)
1976-1977 UNIVERSITY OF. WISCONSIN - Madison, Wisconsin
8 Business Management Classes
1971-1974 UNIVERSITY OF ARIZONA - Tucson, Arizona
Bachelor of Architecture Delp"ee
1969-1971 SOUTHERN ILLINOIS UNIVERSITY - Carbondale, Illinois
Associate of Architecture Degree
JAMES HOUCK
3763 S. Lancewood Place
Delray Beach, Florida 33445
561-865-2636
jdhouck51@bellsouth.net
STRENGTHS & SKILLS
Page 1 of2
As a highly organized and self motivated professional with interrelated experience the following are a few
strengths and skills I can offer:
PROPERTY MANAGEMENT
Create an extensive "Management Plan" to reflect the goals of the property and their owner's.
Able to fulfill the manager's obligations under the property's management agreement.
Able to manage abroad portfolio of properties and maximize their property values.
Ability to quickly learn the roles and functions of all positions within a new property.
Test economic alternatives to increase value and make recommendations.
-- . Understand fmancial statements and accounting principals.
Knowledge of available insurance coverage to protect owner's assets.
Proficient in creating operating and capital reserve budgets and effectively manage their expenses. .
Understand and work with lease/sale analysis and investment software.
Prepare an "Operations Report" if required.
Examine problems and create viable solutions.
Develop short and long term market analysis.and economic plans.
Orientnewresidentsltenants and promote positive relations.
Enforce collection and foreclosure procedures.
Constantly analyze properties physical and fiscal concerns.
Understand legal issues as they relate to tenants and owners.
Oversee operations, lease administration and construction management.
Manage budget costs to maximize profitability.
Monitor the construction of tenant improvement build-outs as required under lease term.
Understand and meet goals of a property.
Understand staffing and employee relations to create a top notch team.
Maintain expense controls and increase Net Operating Income.
Able to properly oversee the selection of contractors and other vendors.
Strong ability to administer contracts and create tenant relationships.
Proven record of excellent internal and external customer service.
Provide direction and leadership to various in-house and out-sourced personnel.
Inspect and evaluate all building equipmen4 systems and grounds to insure that the appearance and
operations of the property meet established standards.
Develop emergency procedures and preventative maintenance programs.
Develop operating and capital budgets and track variances monthly.
Manage approved capital expenditures.
Negotiate and approve leases and contractual obligations related to the continuing operation of the
property.
James Houck
Page 2 of 2 - Strengths & Skills
FACILITY MANAGEMENT
Able to help or take on role of Facilities Manager, when needed.
Negotiate and manage conformity with vendor contracts.
Understand and manage capital improvement projects.
Understand and work with architectural drawings.
Conduct and prepare extensive property and building inspection reports.
Knowledgeable about the construction and other components of a building.
Manage risk factors effectively.
Monitor owner improvements.
Properly select and work with service providers.
Identify and work out construction defect issues.
Properly communicate with and motivate employees and outside contractors.
Hire and effectively supervise employees and outside contractors.
Oversee landscape and irrigation services and implement new projects.
Able to effectively coordin~te and/or oversee the security services; parking garage and valet services;
tree trimming and removals; janitorial services; building engineer personnel; cooling systems; roof
repairs and replacement; elevator repairs; asphalt repair and overlay projects; painting projects;
concrete restoration projects; fire sprinkler systems and most other services and/or systems as needed.
Properly plan and implement all the various types of maintenance projects, renovations to common
areas and other scheduled long and short term maintenance and construction projects.
Able to work closely with tenants on their build-out improvements.
Familiar with most architectural building systems.
GENERAL
Understand the. dynamics of a lease and leasing toa tenant.
Long term knowledge working with computer programs (Word, Excel,Access & others).
Strong organizational,. management, administrative, communication and leadership skills.
Mature, responsible and businesslike in demeanor.
Positive proactive work ethic.
Flexible and able to multitask effectively.
Professional in approach and appearance.
Work effectively in a cohesive team environment.
Willing to put in the hours it takes when needed.
Willing to travel when needed.
DELRAY BEACH
. " 0 . . .. ....
....***'10:
AI MrldCaCllr
, III J!
1993
2001
CITY OF DELRAY BEACItECElVED
BOARD MEMBER APPLICATION 2006
OEe 22
CITY CL?1r'ftJ~
M.L.
Name
Please or rint the followin information:
t. Last Name:
chuster
2. Home Address:
4 SA NW ~1"cl. ~+
3. Legal Residence:
So...rv)e..
4. Principal Business Address:
G\e. n n
City
B e... <Lc. \,
State
Fl.
State
Zip Code
~'3~"\5
Zip Code
.. L ...
e+ ~recL F D NY
5. Home Phone: Business Phone:
City
CSG.W"I'\e
City
B roo\<.\
E-Mail Address:
.,
.'
State
Zip Code
n NY
Cell Phone: 2.'"\ '-'r Fax:
5 ~ \ - '-\ - 0 SIP\
6. Date of Birth
7. Are you a registered voter?
5'-\ -., 010 -055~
If so, where are you registered?
q- 20-b\ e..S
8.. What Board(s) are you interested in serving? Please list in order of p. reference:
Code Sofo rcc.Y"\c.n+ Pohc.e... ~ F\c~ B 0 rcl.
9. List all City Boards on which you ;lre currently serving or have preViously served: (please inch,lde dates)
Cod. En-t:orCeMc.n+,<~"-'/o~ - 1.. '" ECB N'lC. c.n",r'\'Y>c:Lt Co"e+- 3-:~l-<\~
F\("C:.. \Ot-<.C.~'';''
,V) e.e(
<. of
C;~\ \ '$, <, (" \l \~ e. r\ re. f\ h~(..('
ru:'~ enToC"c:.e._c.Y\-T PI ~"'+ C-e.ch'~\ecl f'Dt-\'f ",!:n5 c.c.+o.\'-+ C -\- re-t. CO\l("\- Re. .
12. Give your preseilt, or most recent employer, and position:
C, a~ Ne..vJ ,",,0\\<' E='1~e.. ~e~+-. .
13. Describe experiences, skills or knowledge which qualify you to serve on this board: (plt;ase attach a brief resume). .
2.5 co...c'!->.w, +lnc. fo \\ow..-.i ~\r ~r . f',rc. -::'c,\e.W\(,.e.. Bv..\J..\" Co~s-\-n~c..'h~~ foor ~""e.
fo, rc. S~C ,",U'Cl y\C C" cAc.-\ ec.+-Oo'", 0..'" J. sv
h r.IS~ FI<'~ Cl-....J,. l.f" e.
os ~e. fh-~oC'\, '1:."''''c.$.+'~ c\".hD~ '~,,",...o.."le. HCI.. CI..",c:lour. (Y\c..+e.r~.,.\~. C()urf Re. nSe..'l-h~e.S 'Irs.
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my pan of any appointment I may receive.
~/Yl ~~
'SIGNAlURE
12' Z. \- Db
DATE.
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
'3- ~\-o ~
My name is Glenn M Schuster, I am applying for a position for the city board membership.
I moved to Delray Beach in 1993, so,far it has been the most difficult decisions I have had
to make, At the time I was working as a New York City Fire Inspector onthe lower east and
west sides in the city and as far north as 37th st. I have a extensive background in the
following areas. Arson investigation, effective company command, high riseJFire and life
safety,Flammable Hazardous Materials, Building Construction for the Fire Service, Fire
Suppression and detection systems, Principles of Fire Protection Chemistry; i happened to
hate that one. I have never written my text book education on any job application in Aorida.
I have twenty years in the fire protection sector all documentable. The system in the
F.D.N~Y is differentl was a New York City EM.T,I was trained in all aspects of Fire
Fighting. Due to injuries playing hockey for the Fire house and the wear a tear of fire heavy
smoke etc. The Fire Department promoted to represent the department in criminal and civil
court litigation's I did this for five years and all my elevations were either outstanding, very
good or gOOd.
I am looking for something to do with the secondhatf of my life and applied for over 70
jobs, some were civil service some were private sector Myhealth problems did not effect
me but they effective my potential employers am in good$hapehave worked out for
twenty years and have started again. I am a true professional, lam used to speaking in
public and feel if given an opptumity you will be happy with my broad experiences. Thi.sis
the only time I have written a note to attach to my application but I need something to do
with my time and waiting f()r the dreaded day one of my parents doesn't wake up.This is a
real.letter and I have all the documents to support the 1 st and 2nd paragraphs.
R~IIy,
~~
Glenn M Schuster
\
#!-
~
~ 561 4990561
1i!l2l20/00 <S> 18:46
D1/2
GlennM Schuster
4585 AN. W. 3rd Street Delray Beach) Florida 33445
(561-499-0561)
Summary of Qualifications:
Dedicated professional with twenty years experience.
Through knowledge ofNFPA. New Yorlc City and building codes. labor laws and health codes.
Former BMT 1ONY. recently I have taken the Florida Fire Inspector and EMT coW'ses.
Through knowledge of fJre suppression and detection sistema of all types. .
Excellent reputation among superiors. city officals. buildctlJ. architects, contrators and attorneys.
Sharp and creativc in problem solving and necds assessmcnt.
BMPLOnmNT HISTORY
3193-4194
Econocaribe ConsolidatotlJ Inc. Miami. Florida
ASr.i.stant Manager
Assistant in managing one hundred fifty thousand feet of US Customs bonded space. Supcrviscdwarcbouse
clJlpolyees. ta\lghtilafely and security principles to sta1I.Mainl;lined accurate inventory and shrinkage control.
11l9i-ll/92
New YorkCity F"Jre Department, New York,New York Rank lnspector
:ETeformed work in the condUct of inspections to detect violations of laws. rules and regulation which are intended
to redu<:e or eliminate,fire and e~losive hazzards orassi$t in extinguishing fire. Preform related work. conduct
inspectionandinvcstigaticm, research national and New York City fires as well a.shealth codes and labor law. Issue
summons and violation ordclS when necessazy.
3/81-6190
New York City Fire DcpanmentNew y~ New York Rank Court Representative
Bvaluatebuilding owners compliance with theNcw YorlcFire Prevention, NFPA; prosccte owners !orviolation,
conduet intervie)y, and investigations~ resea~h
applicable codes to prepare case. Recommend penalitiesand suggest time for compliance.
3185-3187
New Y.ork City Fire Department. New York, New York Rank Lieutenant
Developed ~d implemented procedurea to track down builders that were in violation ofTbe New Yark City Fire.
Law Hilnbook.Supervised and trained Enforcement Agents; served notices; conducted title searches and
investigations maintain accurate service records; advise management of areas requiring futher analysis.
".
Education
we Mepbam HiBb School
Bellmore. NY 11710
High SchoolDiplomia 1980
101m lay ColJeac or Crimmina11ustice
8891OthA\'enuc .
Major Fire Science 1980-1986
New York City Fire Department
Randalls hland
BrQnxNY.
Fire fighting. Fire Inspection. Officers School
Nassau County Fire Service Academy
Bethpege. NY
Fire Fipting Advance Truck Advanced Engine operations BMr
,.
"
~~ '/08/0.'.
FR0M IMA81~TIC8 B0~A RAT0N
{FRI)FEf; 18 ~l)l)r, 11 :44hT.11 :O/W? 6::i6001~04~ f'
.',
L
..,.........-. -~"...
" , ., . . ~ ..
...1It..."*
~. Legal Residence:
os-C- La
(>h1 13)
CITY OF DELRAY BEACH {letfs../lqr.
BOARD MEMBER APPLICATIOIECEIVED
FEB 1 8 2005 (} .n?
.:7-/0'V I
RK
M.T.S
Zip Code
~
Zip Code
All:-AmMcaClly
" II I!
1993
2001
1.
2. Home Address:
4. Principal Business AddJ:ess: City Statc Zip Code
;:I;na1,5-hl..( L.rfr,.,#t~J ~ ~ f r-L >~U<17
O~ I-"~"'~' QOC~ (C~ (, -{ 0
S. Home Phone: Business Phone.: E-Mai).Addrcss: Cell Pholle(s-M6\ Fax:
51, 1-3~O-&:<.g;;J... 5'h r.- q-c, /-&9?o 5+w~, +(,.€.k.re.,~ ,; Lr-.~ ~/-CfGI-(pr70
6. .Are you It Iegistelcd voter? / If so, where arc you regi~{ered? -;? / -::? /J /'
C...., r 4(#1 Dt>GL~ La"'''
7.
8.
ds on which YQU are clurendy serving or :ve previoosly served: (please include dares)
, f r <::
9.
12. Describe e~periences) skills or -
ors are true. and I agree llod understand that tony misstatemeor of materDl facts
fOLfcinlrc \lpon my pan: of aoy appointment I may teceive.
51
JRE
;:<--/~ -CJS-
DA"IE
,:fote: This application will remain on file in the City Clelk's Office for a period of 2 yeatS from me cb.te it waS
submitted. It will be the applicant's responsibility to ensure that. a current ~pplication is on file. .
S\ClTYo.Etl.J:\DOAJ.DW"ruc~ TIQ}I
tJol}
FR0M IMASleTlt~ B0tA RAT0N
2001 - Present
1999 -1000
(FR I) FEB 18 200r, 11: 4V~;T. 11: 4::I/Nn. 5::160012049 F' :)
George Stephen (Steve) Thacker
]4lJ3-C Lowson Blvd, Delray Beach, FL 33445
561-350-6281
Career Objective
Position in Enu?1prise Resource PIQ1l1!ing & Management with a progressive o"ganiration.
offering advaru;ement opportunities based on achievement and results.
Summary of Qualifications
. Twenry years of o:.pe.rience in all DSpp.c.Lf of communications and marketing for ,he
telecomMunications indllslry.
+ High~v motivatctl. I'esIJIIs-oriented professional with broad background in terrilOry .
develQpme11I. accounllprojecl management. with a locus on the Fortune 1000.
. Demonsb'ated o1JlJlyticol and organizational effectiveness.
. E.Tcellenl Interpersonal, comm,micotion arul managerial S1d//,f.
. Proficient in 'voice/dotalvideo communic.aliof13 and network design.
. Proven marketing expertise with strong aptiwde lor sale.'i management
Work Experience
Ima~istics International, IRe. (formerlv Pitney Bowes Office Systems)
lVadonalAccountAlanager
Digital Messaging/Document Procenlng & ERP Managed Services Solutions Provider:
(''vore33 Knowledee ware SO/lItioTU. partner: OEMs inducle Mi1W/Ja. ~
Panasoni<:. Toshiba. Shomo d: Heide/benl among others. Designed & engineered enterprise-
wide digital pdt/ting & publishing solutiorJ.f, color printing and 3Conning. desktop publishing.
desktop faxing, find unified messaging solution.f (Lirhtninlf Fax). National account sales
management. whilemllinwining SJM existing accounl base. Summit Club 2003. Cla.'isic
Leadership ConferetJCe 2004. Ranked J'-.i nationally,
't'
Norstan 'CoDlDlunicadons_ Inc.
...4ccount Manager/CommunIcations COllsulJant
. Technology Sollltions and Services Provider; Project Managed converged Voice/1)tllolVideh
fnteTJ>rite Networks. Contacl Centers and Worlr:force Manageme1l1 Solutions via IP
TeJephorry. Frome Relay. A.TM and Unified Me...saging technology. :
. Parl1lers included Lucent. AJIT. SoectraLit,1c WireIe.u. Cisco Svstenu. ddrran. MCIWorldcom.
Sprint <<l1!I. SprintPCS. ptctureTel !!!.!([ .firl.. Siemens. lwatsu. Aspect. Comverse. Peot:JleSoft.
Blue Pumkin. among many others.
. ResponsiblefoT existing customer base. while engaging tlew business.
FROM IMAGI~TI~~ B0~A RAT0N
1997-1999
1995.1997
1994 - 1995
.1989 -1994
1988 - 1939
1987 -1988
(FRI)FE[118 ~Oor, 11:4r,/:;T.l1:4::I/N0.5::16(1)1~1)48 f' 4
Work Experience (Continued)
UniDial Communications. IDe. (now Lightyear Communications)
AuthoTiutlAgent - GST Communications, President
. Rt:-marketillg Age"t for MC1-WorldCom. Sprint. Williams. gJHll}[!;. offering wide-range. low-
COSI Tele/dala cQmmunlcallons sen>ices co comm<1rdal customers.
. Iniliatecl Strategic Parlner and DimibutiQn Channel relationships.
+ Managed inaugurol rcgi.onal sales operaliort..f.
. PRESIDENTS CLUB
LCI InternationaL Inc. (now Qwest Communications)
lVanonalAccountft{anager
. Respt>rJ.o:ihlilfor genercJting new revenue while main/oining existing 4 million (lol/or base.
. Managed Nalioptal ACCQunt Support Team. wJrj,;lJ .'iupponed existing occounU.
. Project managed Ihe design. engineering. and installation of voice, tUJla, and video networ1o:.
. Managed respofl3es to RFQs and RFPs, filcilitating Executive Presentations lO Senior
Executives ofFonu.ne 500 companies.
. .PRESIDENTS ClRCLE Award ~ 1996.
Thomas & BettsINevada Western, Berk- T ek
Manufa.cturers Representanve, Qalc HIll Marketing
. Responsible for marlceting Premise Wiring Systems and Communicalions C.abJe to e;I:;,),ting
Distributors while generating new reve"ue wit!, Contractors and End-users.
Data Processin2 Sciences. Corp.
Regional Repre~'entative
. As Data-communications C..or/su/tant. responsible for design, procuremenl. and
implementation of lnzegrated Wide Area Network and Local .-{rea Network 30luziQPLf and
products.
. Managed national terrilory ofassodate brokers, distributors and Cf.t.ftomer ba3e whi~e
generating new business.
. Represented over 50 dtfferem 17UlJ1ufaClUrers of network systems. data commfmications
hardware and relased software. .
Reoublic Roller CorD. (formerly Dayco Rubber)
Account Representatil'B
. Marketed custom rubber roller recovering services to Ihe priming, paper mill, metaltreiJling,
lamimz'ling and related industries.
','
Interactive Comm...nieadon Svstems. Inc.
Acco""t Representati'Ve
. Re-marketed data communlcalions hardware and software (Ierminal enlfllolion anJ jile
transfer) for IBM. DEe and UnisysIBurrough.f Mainframes and most UNTX Sy.nenu. Partners
included K&.. Attacnmale. Emerald.. RJlmba. and BLAST. .
FROM IMAGI~TIC8 80tA RATON
1985 -1987
1983 -1985
1975 -1981
(FRI)FEB 18 200~, 11:45/~T.ll:O/NO.6~360012049 F' ~,
Work Experience (Continued)
Automatic D_ta Proeessin1l_ Inc.
District Monager
. Responsible for Markering daUJ processing service.~ tJnd software.
. Supervised Account Exe.ad;ves (Jnd Client Sen.;ce Rl!presentatives
Pitney Bowes. Dictaphone Corvo
Senior Account Executive
. Responsible for Majm' Account Marlceting for dictation and digital voice communication
S)'Slems, CHAIRMANS CLUB.
Education
University of Cincinnati
BQchelor of Fine .4rtT Degrc!l!. BroadctJSt COlPflftunU:<ltions
. Alpha Epsilon Rho Frat(ffTIi!y
Professional memberships
. Tri-State Technology Association, Vendor Committee
. Advertising Cluh of Cincinnati
+ Rotary InlernaJiollal
Community activities
. . Boy Scouts of AmeriCLl. Dlstria Committp.e. A.fSl. Scoutmaster
. Knighu of Columbus. E Qurth Ikgree
~. .
. Catholil: Order of Foresters
. CincilUlatiArrs Feslival, Inc., Sing Cinci1Jnotil- Steering Commillee
+ SPEDSQSA - Southern Galeway Cho7JJS. Director of Marketing. Assl. Mu.sicDirector
e
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
FROM:
DATE:
January 12,2007
SUBJECT:
Agenda Item - City Commission Meeting January 16, 2007
Bid Award, Private Security/International Tennis Tournament
Action:
City Commission is requested to approve a bid award to Accurate Event Services, the
second lowest bidder, in the amount of $37,587.00 for private security services for the
International Tennis Tournament. Funding is available in account #001-4210-575-55.40.
Backe:round:
Per the terms of our agreement with Match Point Inc., the City of Delray Beach IS
responsible for providing private security for the International Tennis Tournament.
Proposals were sent to the five (5) firms and we received proposals from two (2). In
addition to cost, other requirements for award were that the guards be dressed in "hard
guard" uniforms, the selected company must have their own radio communications, a 24/7
contact must be available and that they be experienced. The difference between the two
(2) proposals is $204.00.
After careful review and consideration, the Police staff, Tournament and Tennis Center
staffs and myself, are unanimously recommending award to Accurate Event Services based
on expenence.
Recommendation:
Staff recommends bid award for private security for the International Tennis Tournament
to Accurate Event Services in the amount of $37,587.00 with the funding to come from
account #001-4210-575-55.40.
RAB/db
Attachment
U:\Agenda\Bid Award Private Security International Tennis Tournament.doc
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'5
CITY OF DELRAYB!ACH
REQUEST FOR QUOTATION # 1943
EVENT SECURI'tY-lntemationaITennls Championships
Delray Beach Tennis Center
A. fU8PO$ii
The purpose and intent of this "Request for Quotation" is to obtain hourly pricing for un- armed
guards, bag checkers and supervisors for the Intematlonal Tennis Championships to be
held at the Oelray Beach Tennis Center January 22, 2001 through February 05, 2007.
B.~
It is and shall be under&tood and agreed that a contract shall be deemed to be awarded and
validly entered into between the successful Bidder and the City of Del ray Beach when written
notice has been given by the City through its authorized office, andlor a purchase order shall
be issued to the Bidder covering the same. .
Contract shall be awarded to the lowest responsive/responsible Bidder who demonstrates
compliance with bidspeciflC8tions, capability to perform according to the ter'ms of the contract,
and responSibility with current clients.
c.
~...
"'.: . ' - ,'..
....' ..... . .'. '.. c. .....,..
" ' '" ~ , .'. ,,'
THE City requires a firm flX8d price for pricing stated on the "Schedule of Pricing. page for the
stated-period. InvoiC$S shall be checked to confirm compuance with quoted pricin~.
D.
~,.............,..
"........ . .... .... ," ,- . "."' . . ,
. ,...' .-"':' ... .-, ." . '.' : ,', .
Term of the Service shall be from January 22, 2007 through February 05, 2007.
E.
~.-.
~'..." .' .... .. .. .. . ..
, ." . '. '.' . .
Set. $cope of Work I Requirements of Event Security
F.
Q~DIt nc wnDw.. ·
~
1) All gWlrds, bag checkers and supervisors must be dressed in "hard guard" uniforms at all times
during the event
2) Selected company must have its own radio system and all employees must be equipped with
radios for communications.
3) **A company management contact must be available by phone at all times during the event for
any changes or situations that require immediate attention.
4) Company selected must have at least three year& experience in stadium management with
crowds in excess of 5,000 people per day. Interes~d companies will be asked to supply
references from events anellor venues of this scale in which their security services were used.
H. ltfl=Par.tAJlg~:
Any questions with. regard to the detailed speciflCations.and submittal of you bid should
be address to Patsy Nadal, Sr. Buyer at (561) 243-7161.
Event Security
Quote #1943
3
CITY OF DeL~YBEACH
REQUEST FOR QUOTATION # 1943
EVENT SECURlTY-Intematlonal Tennis Championships
Oelray Beach Tennl. Center
GJ-II,QUJ,.E Qf ~BJCING
UNIT
-
TOT~L
PositioDs:
Guards, Bag Checkers, Supervisors
Dates of Service:
Monday January 22, 2007 - Monday, February 5, 2007
Total Guard Hours: 1,846.5 x $ = S
(Per Hour) (Total)
Total Bag Checker Hours: 414.5 I $ = $
(Per Hour) (iotal)
Total Supervisor Hours: 104 I S = $
(Per Hour) (Total)
GRAND TOTAL: $
ADDITIONAL GUARDS IF REQUIRED: $
(Per Hour)
**ADDITION~L REQUIRED INFORMATION: Management Contact
Name
#
(Telephone or Mobil). .
(PLEASE REVIEW ATTACHED "A" TIME SCHEDULES)
IJIT Atfl Q,CEPJlQNJS AND/QR qO"'M~NJ'a;
Event Security
Quote #1943
4
'.
Page 2 of2
Sent: Thursday, January 11, 2007 11:01 AM
To: 'gmarrin@accurateevents.com'
~ Quote#19f3~~,;...
January 11, 2007
RECEIVED
JAN 1 1 2007
A~,-,...... IANT
CITY MANAGER
Quote #1943 - Event Security-International Tennis Championships - Delray Beach Tennis
Center
Clarification Requested by Assistant City Manager - Information needed no later than 4:00
PM today, 01.11.2007.
A. Please clarify your qualifications for "Scope of Work", give YES or NO answers to the
scope of work items under F of the proposal sheet, numbers 1, 2, 3 and 4.
B. For number 4 please list least two reference contacts <name and phone numbers) and a
list of the stadium events over 5,000 people that they have provided service for.
SCOPE OF WORK:
1) All guards, bag checkers and supervisors must be dressed in "hard guard"
uniforms at all times during the event. YES
2) Selected company must have its own radio system and all employees must be
equipped with radios for communications. YES
3) **A company management contact must be available by phone at all times during
the event for any changes or situations that require immediate attention. **Stated
on original quote submitted. YES
4) Company selected must have at least three years experience in stadium
management with crowds in excess of 5,000 people per day. Interested companies
will be asked to supply references from events and/or venues of this scale in
which their security services were used. YES
;zw" p. 1tMt s.. &,-
'Anti.., ~Jt r rt
1':1. 561-1JtI8-1I61
n.561-IJtI8-lI66
***
eSafe scanned this email for malicious content ***
IMPORTANT: Do not open attachments from unrecognized senders
***
***
1/11/2007
Page 1 of2
"'.
Nadal, Patsy
From: Marlies Jones (Mjones@accurateevents.com)
Sent: Thursday, January 11,20073:41 PM
To: Nadal, Patsy
Cc: Gordon
Subject: RE: Quote #1943-Event Security
Importance: High
Patsy,
Below is the requested information. If you should need anything additional, please do not hesitate to
contact myself or Gordon Marrin.
Thank you.
4) Soni Ericson Open - Key Biscayne Delray Tennis center - Davis Cup
Carolina Pilot Penn Tennis - New Haven Connecticut
Family Circle Cup - South
Contact References: Soni Ericson Open
Adam Barrett
305-446-2200
Pilot Pen Tennis
Ann Worcester
203-776-7331
Family Circle Cup
Jeff Church Dir. Operations
843-200-4409
Sincerely,
Marlies Jones, Controller
~_lIIn_'1_
(954) 927-4155 Ext 104
(954) 927-4156 Fax
-----Original Message-----
From: Nadal, Patsy [mailto:Nadal@ci.delray-beach.fl.us]
Sent: Thursday, January 11, 2007 3:00 PM
To: sfIgolf@aol.com
Subject: FW: Quote #1943-Event Security
From: Nadal, Patsy
1/11/2007
Page 1 of3
f'"
Barcinski, Robert
From: Nadal, Patsy
Sent: Thursday, January 11,20074:12 PM
To: Barcinski, Robert; 'sflgolf@aol.com'
Subject: FW: Returned mail: unreachable recipients:
FYI
From: vcovingtonv@aol.com [mailto:vcovingtonv@aol.com]
Sent: Thursday, January 11, 2007 4: 10 PM
To: Nadal, Patsy
Subject: Re: Returned mail: unreachable recipients:
-----Original Message-----
From: Nada1@ci.delray-beach.fl.us
To: vcovington@blackhawksecurityinc.com
Cc: vcovingtonv@aoLcom
Sent: Thu, 11 Jan 2007 12:19 PM
Subject: FW: Returned mail: unreachable recipients:
-----Original Message-----
From:
Sent: Thursday, January 11, 2007 12:00 PM
To: Nadal, Patsy
Subject: Returned mail: unreachable
recipients:vcovinqton@blackhawksecurity.com
The original message was received at Thu Jan 11 11:05:43 2007
Likely reason for failure: Failed to connect to (outgoing) SMTP server
blackhawksecurity.com.
Attached Message
From: Nadal@ci.delray-beach.fl.us
To: vcovington@blackhawksecurity.com
Subject: Quote #1943 - Event Security
Date: Thu, 11 Jan 2007 11 :05 AM
January 11, 2007
Quote #1943 - Event Security-International Tennis Championships - Delray Beach
Tennis Center
Clarification Requested by Assistant City Manager - Information needed no later
than 4:00 PM today, 01.11.2007.
1/11/2007
--~
Page 2 of3
f'
A. Please clarify your qualifications for "Scope of Work", give YES or NO
answers to the scope of work items under F of the proposal sheet, numbers 1, 2,
3 and 4.
B. For number 4 please list least two reference contacts (name and phone
numbers) and a list of the stadium events over 5,000 people that they have
provided service for.
SCOPE OF WORK:
1) All guards, bag checkers and supervisors must be dressed in "hard guard"
uniforms at all times during the event.
Answer: Yes
2) Selected company must have its own radio system and all employees must
be equipped with radios for communications.
Answer: YES
3) **A company management contact must be available by phone at all times
during the event for any changes or situations that require immediate attention.
**Stated on original quote submitted.
Answer: Notated on original quote.
4) Company selected must have at least three years experience in stadium
management with crowds in excess of 5,000 people per day. Interested companies
will be asked to supply references from events and/or venues of this scale in
which their security services were used.
The following information is provided in answer to question # 4 of the Scope of Work:
a. President Cup
World Golf Association
St. Augustine, Florida
b. Fed Ex Field
1/11/2007
Page 3 of3
Landover, Maryland
(Washington Redskin)
Ed Burke 240-876-8450
Submitted for your information. If you have any questions, please do not hesitate to call John Noble at 202-270-3602.
size=2 width=" 100% II align=center>
Check out the new AOL. Most comprehensive set of free safety and security tools, free access to millions of high-quality
videos from across the web, free AOL Mail and more.
1/11/2007
AGENDA ITEM NUMBER:
q.~
AGENDA REQUEST
Date: 1/12/07
Request to be placed on:
Consent Agenda
x Regular Agenda
Workshop Agenda
When:
January 16, 2007
Bid award to second lowest bidder, Accurate Event Services
in the amount of $37,587 for private security for the International Tennis Tournament. Funding is
available in account #001-4210-575-55.40
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation: Approval
Department Head Signature:
~~ lllzltJ7
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: ~ :::s'5 I) \'2-)0f") No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
1- '5"'1 't /151. , 3
Approved for Agenda:
@
~~~
City Manager Review:
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O.#
MEMORANDUM
TO:
MAYOR AND CI1Y COMMISSIONERS
SUBJECT:
A
DA ITEM
ICUS INC
FROM:
CI1Y MANAGER
DATE:
JANUARY 12,2007
This is before Commission to authorize the City Attorney to draft and the Mayor to execute an agreement with
Granicus, Inc. in the total amount of $44,500.00 for video streaming of the City Commission Regular meetings and audio
streaming of the City's Emergency Radio Station. Per Commission direction, staff contacted the firm of Granicus, Inc.
to provide a demonstration of what they could offer as a streaming media solution provider, as well as a price quote for
their services. The solution offered by Granicus was developed specifically for local government. It is the consensus of
staff with IT in agreement to recommend implementation of the system. The IT division was pleased with the
application, recommends that the current digital recording server be used, and that we purchase a Dell Optiplex 745
w/2Gb Ram & 19" Monitor and a Battery Back-up in the total amount of2,125 for encoding.
The Commission meetings will be available over the Internet, with searchable archives to be used for efficient long-term
record keeping. Streaming with Granicus improves public access beyond what can be provided through cable broadcast.
The availability of searchable archives allows a section of any meeting to be retrieved at anytime using a simple keyword
search. In addition, documents like staff reports, agendas and minutes can be synchronized and linked to the audio and
video archive all of which will be available through the City's web site. Granicus will also be used to stream the City's
emergency radio station, 1620 am.
Granicus will be able to provide us with detailed usage reports concerning streaming requests (citizens visiting the site),
average user bandwidth (bandwidth being used), outbound bandwidth (bandwidth being streamed - quality of the
broadcast), content popularity (which items users are viewing), and media storage usage. In addition, the Granicus
solution can be used by city departments to deliver public education content, public service announcements, and video
on demand training internally or externally over the web. Staff envisions that this system will be used to gready enhance
our ability to provide public outreach to the residents on important community projects, topics and issues. Video
streams such as public service messages, public safety alerts and announcements could be made available to the public on
demand 24 hours per day, 7 days per week.
Staff is recommending purchase of the hardware and software from Granicus as outlined in the proposal including the
optional MinutesMaker software. Hardware/Software costs from Granicus are $31,300 with a montWy support cost of
$1,100 ($13,200 for twelve (12) months). Support includes technical and user support 24 hours per day, 7 days per week;
monitoring of all hardware/software included in the solution; storage of our public meetings (12 month retention
schedule); unlimited bandwidth for streaming live and on-demand content and lifetime updates to the software. With the
MinutesMaker software the Clerk will actually be preparing the minutes through an automated system that time codes
the items for video streaming and the minutes preparation will begin as the meeting occurs.
Funding is available from 001-1411-512-66.10 (General Fund/Software), 001-1411-512-64.11 (Computer Equipment)
and 001-1411-512-46.90 (General Fund/Other Repair/Maintenance Costs) after budget transfer.
Recommend authorizing the City Attorney to draft and the Mayor to execute an agreement with Granicus. Inc. in the
total amount of $44,500.00 for video streaming of the City Commission Regular meetings and audio streaming of the
City's Emergency Radio Station.
1/11/2006
To: The City of Delray Beach
Chevelle D. Nubin
City Clerk
Via email
Chevelle,
Granicus looks forward to developing a successful long-term relationship with The City of Delray
Beach. By selecting Granicus as your streaming media solution provider, you will greatly improve
external and internal access to your public meetings. These meetings will be available live over
the Internet, and as searchable archives that can be used for efficient long-term record keeping.
Streaming with Granicus improves public access beyond what can be provided through cable
broadcast. The availability of searchable archives allows a section of any meeting to be retrieved
at anytime using a simple keyword search. In addition, documents like staff reports, agenda's,
and minutes can be synchronized and linked to your audio and video archive all of which will be
available through the City's web site.
While public meeting broadcasts are a compelling and popular use of your Granicus solution, your
system can be used by all City departments to present video content internally or externally over
the web. Other cities use the Granicus solution to deliver public education content, public service
announcements, and video on demand training.
The Granicus solution delivers the functionality desired by The City of Delray Beach, and does it in
a way that minimizes the overall cost. Our proposed solution integrates with your current
infrastructure and audio video equipment instead of replacing or duplicating it. Additionally, the
storage and distribution of your streaming content is offloaded to the Granicus Media Center
eliminating your need to invest in additional dedicated bandwidth and servers, which are necessary
to support streaming. By automating processes that would normally be done manually the Granicus
MediaManage(lM software also minimizes the impact streaming has on staff time, and eliminates the
need for the IT staff to be on hand during meetings. Agenda items can be indexed in real time,
and archives are automatically published to the City's web site minimizing the involvement of your
Webmaster. Because meeting archives are readily available on the Internet, the need for the
clerk's office to retrieve and prepare meeting records will also diminish over time.
At Granicus, we recognize that a great product is only part of what keeps our clients satisfied. For
that reason, Granicus provides 24/7 technical support and onsite user training. We also take full
responsibility for maintaining and monitoring the technology that powers your solution, so that you
can avoid the cost of developing a team of streaming experts. When you need us we will be there
to help.
If you have any questions about our services or this proposal please do not hesitate to contact me.
Most Sincerely,
Chris Rynders
Southeast Regional Manager
Granicus, Inc.
Proposed Solution Pricing
Your Granicus solution was designed based on The City's specific streaming needs. Our pricing
reflects our commitment to supply our customers with the highest value and utmost quality. Your
solution consists of the components detailed below.
Granicus MediaManager
MediaManager Software
Basic
Subtotal
$5,500.00
$5,500.00
Granicus OutCast Encoder
Hardware (Provided by Client)
(2) - Minimum 3.0GHz Pentium 4 with HT technology
32-bit required. 64 bit extensions will not work
Minimum 1GB RAM and 36GB disk (RAID 1 recommended)
Windows Server 2003
(1) - Osprey 230 Encoder Card
Configuration
Hardware (Provided by Client)
Software
$0.00
$350.00
Subtotal
$0.00
$900.00
$1,250.00
Granicus MediaVault
Hardware (Provided by Client)
(1) - Minimum 3.0GHz P4, 64bit OK
Minimum 1GB RAM and 36+ GB internal disks (RAID 1 recommended)
External interface for mass storage
(SCSI or Fiber Channel RAID preferred, NAS or SAN acceptable)
Windows 2003 Server
Configuration
Hardware (Provided by Client)
Software
Software
MediaVault Software
$0.00
$0.00
$500.00
Subtotal
$4,000.00
$4,500.00
Professional Services 6: Other Hardware
Training
(1) - Days Onsite
Installation
(1) . Day Remote
Web Site Integration
$1,600.00
$225.00
$1,800.00
Subtotal
$3,000.00
$6,625.00
Integration - MCCI - MuniAgenda
Total Up-Front
S17,825.0Il.1(/ ~nj-.@2
I
Total Monthly Managed Services
$750.00
ADD OPTION: MINUTESMAKER SOFTWARE
Granicus MediaManager
MediaManager Software
MinutesMaker (Council. 1 Meeting Body)
Subtotal
$7,500.00
$7,500.00
Professional Services & Other Hardware
Training
(2) - Days Additional Onsite
Installation
(1) - Day Remote
Document Template Design
$3,200.00
Subtotal
$225.00
$2,500.00
$5,925.00
Total Additional Up-Front
$13,425.00
Total Additional Monthly Managed Services
$350.00
Granicus Managed Services
All managed services plans are billed on a monthly basis, and require the first month be paid during
the initial setup of your Granicus solution. All plans include full Managed Services, complete
monitoring and maintenance of your on-site hardware and 24/7 technical and user support for your
complete solution. Managed Services also includes all software upgrades and bug fixes for all of
the City's Granicus software components. The goal of our Managed Services program is to help
the City realize the highest level of value and satisfaction from Granicus solution, without incurring
additional or unexpected costs. Granicus Managed Services include the following:
Technical and User SUDDort
Granicus offers continuous customer support and is dedicated to ensuring that the City is
completely satisfied with Granicus products and services. Granicus staff is available to the City
24hrs a day, 365 days a year, via the contact info below.
Direct (8:00am to 6:00pm Pacific time): 415-357-3618
Toll Free (8:00am to 6:00pm Pacific time): 8n-889-5495
Site: www.llranicus.com
Email: support@granicus.com
Monltor1nR
As part of the City's Managed Services Granicus will continually monitor, on a 24/7 basis, all the
software and hardware included in your solution. Should any malfunction appear, Granicus will
immediately notify the City and proceed to resolve the issue. Granicus is committed to repair or
replace any non-functioning hardware, provided directly from Granicus, within 24 hours for up to 3
years.
Software UDRrades
Granicus provides its software as a "Lifetime License", and all software upgrades are included as
part of your Managed Services program. This includes both the rights to use the upgraded
software and any services required as part of the upgrade process.
Bandwidth and StoraRe
Through Granicus Managed Services we will provide all of the bandwidth and storage necessary to
utilize your solution. The Granicus Managed Services plan includes "Unlimited Bandwidth" for
streaming the City's live and on-demand content over the Internet through the Granicus Media
CenterlM.
The Granicus Managed Services base plan also includes 12 months of archiving for all public
meetings and 50 hours or 7 Gigabytes of storage for additional content at the Granicus Media
CenterlM.
Project Implementation Timeline
Granicus is pleased to begin a promising and successful relationship with The City of Delray Beach.
To begin the process, we have outlined a timeline to ensure the efficient and organized
implementation of your Granicus solution. Granicus guarantees a 30-day implementation period,
which begins the day the service contract and initial fees are received.
Project Task Date
Client delivers signed proposal and service contract to Pre Kick-Off
Granicus
Full purchase order is issued by the Client Pre Kick-Off
Project Kick-Off Week 1
Installation project plan completed by Granicus 8: Client Week 1
Hardware built, configured and tested Week 2
Granicus in conjunction with the Client's Webmaster will Week 2
complete the website Integration
All Onsite Installations Completed Week 3
Training Completed Week 4
Client completes two-day solution testing and final Week 4
implementation sign off
Go-Live: Client releases remaining project funds to Week 4
Granicus
Unless otherwise stated in a program announcement or solicitation, this signed and accepted
proposal must be received by 1/31/2006.
Sign to accept proposal.
Return to representative or:
Granicus, Inc.
28 2nd street
Suite 400
San Francisco, CA 94105
The City of Delray Beach
Granicus, Inc.
Client Signature:
Signature:
Date:
Date:
Professional Services Description
Confiquration:
Configuration of Granicus hardware includes the assembly of all server and encoder components.
Base operating systems are installed on Granicus or client supplied hardware. The hardware and
software is optimized for streaming media applications. Granicus software is then installed and
initial configuration and testing is performed.
Web Site Inteqration:
Web site integration includes incorporating the public components of the Granicus Media
Managementlll software into the client's website, matching the look and feel, and integrating the
navigation. This service also includes the custom design of a client specific pop-up video player, or
skin, and a custom agenda parser to increase indexing quality and efficiency. In addition, our
MinutesMaker feature can be customized to provide automatic generation of cross-linked meeting
minutes to meet your specific needs.
Onsite Installation li Traininq:
Onsite installation of hardware at client's location includes configuration of: analog audio and
video feeds to the encoder, Internet and LAN connectivity, configuration of firewalls and proxies,
all hardware with power and backup power supplies, and final system configuration with the
Granicus Media Center. Once the system is up and running Granicus' engineers finish the setup by
tuning the audio and video remotely. A training session concludes the onsite visit.
Once the system is installed, our engineers will remotely monitor your equipment to assure that it
is continually operating to original specifications.
Granicus MediaManager1M Software
Granicus MediaManager1l! consists of proprietary web-based software tools designed to effidently
organize and manage your streaming content. These tools put the control of broadcast activity,
user account management, live event management, and usage reporting in your hands.
The software has been broken up into four segments to meet the unique needs for a variety of
local government agencies. These three components are: 1) Media Manager1l! - Basic, 2)
MediaManager'1M - Enterprise, and 3) MediaManager1l!, - MinutesMaker. Each of these components
are described in detail below. MediaManager1l! - Basic is the foundation technology of every
solution and is required before adding the Enterprise or MinutesMaker software modules.
MediaManaszer1M Basic
Public Site:
Our solution includes several pages for your Internet users to access on-demand media and live
broadcasts. Users will use these pre-built pages to search out specific footage, and jump to specific
events within your audio/video archive. The Granicus solution also allows for a key word search
based on all of the index points associated with the City's complete library of video archives. This
functionality substantially increases the convenience of access to and use of meeting archives.
Around these core pages you can instantly control user access using a registration and log in
system. All public web pages are seamlessly integrated into your current website, so that the look
and feel of your site remains consistent. The MediaManager - Basic software license allows for one
custom build archiving listing page, and one video skin. By adding MediaManager1l! - Enterprise you
will the ability to create and customize an unlimited number of public pages by utilizing our
templates and views tools. See MediaManagerlM - Enterprise for more information.
Protected Administration Site:
As a client of Granicus, you will have access to a web based administrative site that will allow you
to create and manage archives, schedule and index live events, link documents and minutes of
meeting to the video, view real time usage reporting, and configure content distribution. You will
also have access to a series of video editing tools that can be used to enhance your on-demand
content once it has been broad casted or encoded.
. Media Acquisition tools give you the ability to add audio and video content to your
content library from a variety of sources. Utilizing the Granicus Outcast1l! encoder, live
events can be simultaneously broadcast and archived to the library easily and directly
through the live event manager. During a broadcast you can add times stamped data, such
as agenda item indices or slides, allowing you to create rich multimedia presentations. You
are also given a simple media import tool that can be used to import any pre-encoded
content from your desktop into your archive listing. Finally, the Granicus Outcast1l!
encoder, which is included with MediaManagerlM - Basic, can be used to encode your analog
video by replacing the live signal with that of a standard video playback device such as a
standard VCR or DVD player. In this scenario, the same capture tools for managing a live
broadcast can be used to make your valued offline content available online. Granicus also
offers in house from encoding from VHS or DVD as part of our professional services.
. Automatic Live Event Scheduler and Archive Publishing - Live events, such as City
Supervisors meetings, can be easily scheduled to be both broadcast live and archive
through the Granicus Live Event Manager. By utilizing this tool, the City will not require
staff time or technical assistance to start, stop or archive their live events. Archives are
automatically transferred from the Granicus OutCastlM encoder to the Granicus
MediaCenterlM and automatically published the City's web site. These features
substantially decrease the need for staff time to manage content creation and publishing to
the City's web site.
· Media Clip Administration provides clients the tools to create, edit, delete, index, trim
and merge digital video clips. Once the media is in the archive library you can utilize
indexing tools that allow you to set multiple "Jump To" points into the video, providing
your end user the ability to easily navigate your streaming content. Various other editing
and organizational tools allow you to modify your archives and add to the searchable Meta
data associated with each archive.
· Meeting Agenda Parser allows the City to index its video archives based on agenda item
titles, by automatically pulling the agenda item titles and descriptions from the City's
agenda and loading them into the Granicus MediaManagerlM. These agenda item titles are
than loaded into the live event manager, which allows you to index your video in real time
by simply clicking on an agenda item title and pressing enter when the council or board
begins discussing that issue. Other solutions, if they offer indexing, force you to manually
retype and load the text for each agenda item. The Agenda Parser feature assures quality
indexing and substantially decreases the staff time need to create indices.
· Searchable Indexes - Audio and Video archives, which are viewable over the Internet, can
be easily indexed with multiple jump points through the Granicus MediaManagerlM software.
These indexes allow users to jump directly to the specific point in the City's audio/video
archive. The Granicus solution also allows for a key word search based on all of the index
points associated with the City's complete library of video archives. For example a key
word search on "Water" will return to the user a direct link to all of the audio/video
archives, which discuss water usage in the City. This functionality substantially increases
the convenience of access to meeting archives.
· Searchable Closed Captioning - The Granicus solution supports the use of closed
captioning, and the association of the captioning with the streaming media. Captions are
viewable during live and archived streaming for full ADA compliance. For archived
meetings the captions can also be searched by key words allowing the user to jump to the
appropriate point in the video archive. In addition captions can also be used to create a
transcript for a particular agenda item through the Granicus MediaManagerlM Software.
· Document Management enables documents to be manually loaded and linked to video
archives and directly associated to the appropriate agenda items, resulting in a searchable
archive that includes both the audiolvideo record of your meeting and the staff reports or
other documents that were used during the meeting. Cross-linking documents and
audio/video archives provide the most comprehensive records archive system available. To
improve the efficiency of integrating and linking your meeting documents with your
meeting audio / video see the Document management Integration option included with
MinutesLinkerlM.
· CD Download with Indexing - AudiolVideo Archives can be quickly downloaded and burned
to CD by any administrator of the Granicus solution. The CD download also includes the
agenda item indexing information so users of the CD can still jump directly to the agenda
items they are interested in. This tool conveniently provides offline copies of your
meetings for those citizens without Internet access.
· Media Delivery subsystems, such as the Granicus StreamReplicatorlM and MediaVaultlM,
maximize your existing infrastructure investment by allowing you to deliver content using
local storage and bandwidth when appropriate. These systems function transparently as
part of the Granicus solution, and complement the robust delivery architecture at the
Granicus MediaCenterlM. No special training is required to operate these devices as they
function autonomously and are controlled by Granicus MediaManagerlM software.
· Summary Reports provide you with detailed usage reports concerning: streaming requests,
average user bandwidth, outbound bandwidth, content popularity, and media storage
usage.
Granicus MediaCenterlM - Content Management and Delivery
To deliver reliable, high-quality audio and video content over the Internet you must have a secure
and scalable distribution facility able to support hundreds or thousands of concurrent users; with
this as our goal we created the Granicus MediaCenterlM. The Granicus MediaCenterlM enables us to
store and distribute your content over the Internet to ensure your audience consistently receives a
high quality stream.
How it Works
The Granicus MediaCenterlM is the core of all Granicus Internet broadcast solutions. This secure
and reliable facility stores and distributes rich-media events to the public over the Internet. Live
streams are encoded at your location and one stream is sent to our streaming servers at the
Granicus MediaCenterlM. Archive files can also be uploaded directly to our servers. Your streaming
content will be available through your web site, but the Granicus MediaCenterlM handles all
requests for both live and archived streams. The only streaming that will travel over your network
is the one stream per source, you are sending to the Granicus MediaCenterlM.
The Granicus MediaCenterlM is well equipped to handle all of your streaming needs. It has direct
redundant Internet connectivity at optical wavelength speeds to a variety of major Internet
backbone providers, including Qwest Communications, SBC/Pacific Bell and others.
In addition to providing standard Internet Data Center power facilities the Granicus MediaCenterlM
has the significant added benefit of being a Designated Block 50 facility, allowing the facility to be
exempt from rolling blackouts.
MediaCenterlM Features:
. Flexible Storage Programs
. Rexible Distribution Programs
. 24/7 System Support
. Redundant Storage
. Redundant Network Connections
Granicus OutcastlM Encoder - Feature Rich Encoding
The Granicus Outcast encoder coupled with the Granicus MediaManagerlM Software makes live
streaming and archiving a simple and hands off process. Most encoders simply convert an audio
video signal into a digital format that can be used for streaming; the Granicus Outcast1lol does much
more. Using the Granicus OutcastlM with your Granicus solution allows for live event scheduling,
automatic web publishing, live indexing, slides, closed captioning, and automatic archiving and file
transfer to distribution servers
...., .
1:1
,-,L
How it Works
The OutcastlM Encoder integrates with the web-based Granicus MediaManager1lol software and
transfers live broadcasts to the Granicus MediaCenter1lol in real time. The Granicus MediaCenter1lol
then duplicates and distributes your high quality audio and video content to the audience
requesting the content.
While broadcasting a live event, the on-site Granicus OutcastlM Encoder can also archive your
broadcasts for on-demand viewing later. Once your broadcast is complete, the encoded event is
automatically transferred to the Granicus MediaCenter1lol where our suite of streaming media tools
is accessible for editing, management and publishing functions.
OutcastlM Encoder Features:
. Live &: Scheduled Broadcast Control
. Automatic Archiving
. Multiple Bit Rate Support
. Automated Broadcast and Archive Publishing
. Live event management: Indexing, Slides, and Closed Caption
AGENDA ITEM NUMBER:
q .~-
AGENDA REQUEST
Date: 1/12/2007
Request to be placed on:
Consent Agenda
X Regular Agenda
Workshop Agenda
When:
1/16/2007
Description of agenda item: Purchase award to Granicus, Inc. in the total amount of $44,500
for video streaming of City Commission Regular Meetings and audio streaming of City's
Emergency Radio Station. Funding is available from 001-1411-512-66.10 (General Fund/
Software), 001-1411-512-46.90 (General Fund/Other Repair/Maintenance Costs) and
001-1411-512-64.11 (Computer Equipment).
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
Recommendation:
Department Head Signature: ~~... \) ,~&~ i'...J
, ~.c;~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all Items involving expenditure of funds):
Funding available:
Yes
No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
m;
No
Approved for Agenda:
&
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # Cf.}! - REGULAR MEETING OF JANUARY 16.2007
BID AWARDS/MULTIPLE VENDORS
TO:
SUBJECT:
DATE:
JANUARY 12, 2007
1bis is before Commission to consider approval of multiple bid awards in the estimated annual cost
of $187,000.00 for the purchase of chemicals and fertilizers for the Parks and Recreation Department,
Delray Beach Municipal Golf Course and Lakeview Golf Course. Some of the recommended bid
awards are not to the lowest bidder as explained in the attachments.
Funding is available from various departments (parks and Recreation operating budget, Delray Beach
Municipal Golf Course budget and Lakeview Golf Course operating budget).
Recommend approval of multiple bid awards in the estimated annual cost of $187,000.00 for the
purchase of chemicals and fertilizers for the Parks and Recreation Department, Delray Beach
Municipal Golf Course and Lakeview Golf Course.
S:\City Qerk\AGENDA COVER MEMOS\City Manager Memos\city manager's memo Bid Award Multiple Vendors 01.16.07.doc
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Managg.
THROUGH: Joseph Safford, Finance Director
DATE: January 11,2007
SUBJECT: DOCUMENT A TION - CITY COMMISSION MEETING
JANUARY 16, 2007 - BID AWARD - CO-OP BID FOR
CHEMICALS AND FERTILIZERS
Item Before Commission:
City Commission is requested to approve multiple bid awards, as stated below, at an estimated
annual cost of $187,000 for the City of Delray Beach.
Background:
The City of Delray Beach is the lead entity for this co-operative bid. Bids were received on
November 14, 2006 from twelve (12) vendors, all in accordance with City purchasing policies
and procedures. (Bid #2007-08, documentation on file in the Purchasing office.) A tabulation of
bids with the awarded vendor highlighted per item number is attached for your review. Some of
the bids are not awarded to the low bidder as explained in the attachments.
Tim Simmons, Parks Superintendent and Purchasing have reviewed the bids received and
recommend award. Bids were also reviewed by the Governmental entities who participate in this
Co-op Bid.
A warded vendors are as listed below:
Vendor(s):
Diamond R Fertilizer Co. Inc. dba
Atlantic FEC Fertilizer & Chemical
Helena Chemical Company
UAP Distribution Inc.
Agro Distribution dba Pro source One
Southeastern Turf Grass Supply Inc.
Pennington Seed Inc.
DWS Distributors
Lesco Inc.
Regal Chemical Company
Univar USA
Recommendation:
Staff recommends multiple awards to vendors as stated above at an estimated annual cost of
$187,000 for the City of Delray Beach. Funding from the City of Delray Parks and Recreation
Department operating budget of $68,000, City of Delray Beach Municipal Golf Course budget of
$83,000 and Lakeview Golf Course operating budget of $26,000.
Attachments:
Tabulation of Bids
Memo to Co-op Members
A ward Recommendations
Cc: Joe Weldon, Director of Parks & Recreation
Tim Simmons, Parks Superintendent
Tom Arendt, Delray Beach Municipal Golf Course
Tom Gynn, Lakeview Golf Course
City of Boca Raton
City of Boynton Beach
City of West Palm Beach
Solid Waste Authority of Palm Beach County
City of Greenacres
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[IT' DF DElIR' BER[H
DELRAY BEACH
f l 0 I I 0 ...
twad
A1I-AmerlcaCily
, lilt!
1993
100 N,W. 1 5t AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243-7000
To:
Jackie Rooney
Purchasing Department
Date: ~I?'C'mbcr 27, 2006
Throu: Tim Simmons
Parks Superintendent
From:~
Senovain Stephens
Asst. Parks Superintendent
Subject:
Chemical/Fertilizer Bid # 2007-08 Co-op bid
The Parks Maintenance Department recommends award to low bidders for each line
item on the bid for Chemicals and Fertilizers on Bid # 2007-08, with the exception of line
items awarded to Carso, Inc. who states on their bid package "any order placed with
Carso Inc. must total at least $1,000.00". The city does not have the capacity to store any
large orders, therefore recommends award to next low bidder for these items.
Cc: Joe Weldon
Parks Director
@ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
Memo
To: JacIde Roan8y
From:Tom Arendt
CC:
Date: 12121'_
J l7 J 06 ~
Re: Chemical Bids fy2OO7
Tom Gynn and I have examined the Chemlfertilizer 2007 bids and recommend that
we accept the lowest bid in all categories.
The quality of some of the fertilizers (packaging, prill size, mix, etc.) cannot be
determined until we order. We do not anticipate any problems but if any arise we will
address them.
We agree with Scott Whalen at Boynton. If his order size for Carso's products would
be less than Carso's stipulated amount we should go to the next lowest bidder.
Scott is correct about Heritage.
Thanks for putting this bid together.
Imaxx Pro
Page 1 of2
Rooney, Jackie
From: Wahlin, Scott [WahlinS@cLboynton-beach.f1.us]
Sent: Monday, January 08, 20077:02 AM
To: Rooney, Jackie
Subject: RE: Imaxx Pro
It appears to me that Pro Source One would be the low bid for Item 41 - Merit Insecticide.
- -----Original Message----- (j h2f;l./Ui'vd... (? 0
From: Rooney, Jackie [mailto:rooney@ci.delray-beach.fl.us] (ru l.J ~Gt
Sent: Friday, January 05, 2007 2:37 PMTLCr-yA.. (}v-J24 (/ ) W
To: Wahlin, Scott U
Sub;ect: RE: Imaxx Pro ("\ ^ I; 1IJ..cJ... fi:. .
" ~ Uil fO) I Ce;U/lA-R"
Then I would make the recommendation to award to next low bidder if they meet the requirements, Please I
advise, so when I take to Commission, I would award to next low bidder, I !/~ 6
From: Wahlin, Scott [mailto:WahlinS@ci.boynton-beach.f1.us]
Sent: Friday, January 05, 2007 1:55 PM
To: Rooney, Jackie
Subject: FW: Imaxx Pro
9~~
Jackie,
This company was the low bid for item 41 on the Coop Bid. The product they bid is not equal because it is
no~ legal to apply to turf or ornamentals,
Scott
-----Original Message-----
From: Judy Sparkman [mailto:Judy.Sparkman@univarusa.com]
Sent: Friday, January 05, 2007 8:49 AM
To: Wahlin, Scott
Subject: RE: Imaxx Pro
No Scott, I wish it did, Even though it's the same as MERIT and PREMISE, we don't have that label for
Turf and Ornamental. Ants outside but perimeter treatment only,
Let me know if there is anything else we can help you with, and HAPPY NEW YEAR!!
Judy Sparkman
UNIV AR USA INC.
Florida District
800-685-1258
407 -849-1900
407-649-8433 FAX
From: Wahlin, Scott [mailto:WahlinS@ci.boynton-beach.fl.us]
Sent: Friday, January 05,20078:36 AM
To: Judy Sparkman
Subject: Imaxx Pro
1/8/2007
Imaxx Pro
Page 2 of2
Judy,
Does Imaxx Pro Insecticide have a turf and ornamental label?
Thank you,
Scott Wahlin, Mngr
The Links at Boynton Beach GC
561/742-6543
1/8/2007
Bid #2007-08 Co-op Bid "Fertilizers & Chemicals" II
1lI004/006
Page 1 of 1
01/02/2007 TUE 11:15 FAX 5612437166
Rooney, Jackie
From: Wahlin, Scott [WahlinS@ci.boynton-beach.f1.us]
Sent: Tuesday. December 19. 2006 8:28 AM
To: Rooney, Jackie
Subject: Bid #2007-08 Co-op Bid "Fertilizers & Chemicals" II
CHEMICAL ITEM 32 HERITAGE: The bid from Lesco is not a suitable substitute for Heritage in my opinion. The
active ingredient in Insignia Fungicide is pyraclostrobin. The active incredient in Heritage Fungicide is
azoxystrobin.
Scott Wahlin, CGCS
Golf Course Manager
The City of Boynton Beach
561/742-6543
12/19/2006
AGENDA ITEM NUMBER:
q .{f
AGENDA REQUEST
Request to be placed on: Tuesday, January 16, 2007
Date: January 11, 2007
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approve award of Bid #2007-08 - Co-op Bid for Chemicals and Fertilizers to multiple vendors for
the total estimated annual cost of $187,000 for Parks and Recreation Department, Delray Beach
Municipal Golf Course and Lakeview Golf Course,
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve award to multiple vendors for the purchase of chemicals and fertilizers for the Parks and
Recreation Department, Delray Beach Municipal Golf Course and Lakeview Golf Course for the
estimated annual cost of $187,000,
Funding from Parks and Recreation for operating budget estimated total of $68,000, and Delray
Beach Municipal Golf Course and Lakeview Golf Course operating budgets estimated total of
$83,000,
J~ 1
Department Head Signature:.........J ~
Determination of Consistency with Comprehensive Plan: '"
..---
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ~ No
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review: \ ffl/1
Approved for agenda:8~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
()j<
~
FROM:
DA~~D~ANAGER
PAti ~RLlNG~ DII~TOR OF PLANNING AND ZONING
JASMIN ALLEN, PLANNER
MEETING OF JANUARY 16, 2007
PRIVATELY SPONSORED FUTURE LAND USE MAP AMENDMENT (SMALL
SCALE) FROM CF (COMMUNITY FACILITIES) TO LD (LOW DENSITY
RESIDENTIAL 0-5 DUlAC) FOR A 9.00 ACRE PORTION OF THE CHRIST THE
KING MONASTERY OF ST CLARE AND REZONING FROM CF (COMMUNITY
FACILITIES) TO R-1-AA (SINGLE FAMILY RESIDENTIAL) AND ASSOCIATED
REDUCTION OF LOT FRONTAGE AND LOT WIDTH REQUIREMENTS FOR
PROPOSED LOTS 20 AND 25.
TO:
THRU:
SUBJECT:
The subject property is located 125 feet south of Sherwood Boulevard, approximately 650 feet
east of Military Trail, and to the rear (east) of the Emmanuel Catholic Church. The proposal
involves 9.00 acres of the 10.98 acre Christ the King Monastery of St. Clare site which was
originally constructed in the late 1960s as a monastery for the Poor Clare Nuns.
With adoption of the Comprehensive Plan in 1989, the subject property was designated CF
(Community Facilities) on the Future Land Use Map. Subsequently, with the Citywide rezoning
in October 1990, the property was rezoned from R-1-AAA-B to CF Community Facilities.
At its meeting of January 11, 2006, the Site Plan Review and Appearance Board approved a
Class V site plan to allow the construction of a new Monastery for the Poor Clare Nuns, which
included a sanctuary, living quarters, and administration offices. Subsequent to the site plan
approval, it was determined that the cost to build and maintain the proposed facility was
prohibitive and the development proposal was abandoned.
On August 21, 2006, the Planning and Zoning Board considered a request for a Future Land
Use Map (FLUM) amendment from CF (Community Facilities) to LD (Low Density Residential 0-
5 du/ac) and a rezoning from CF (Community Facilities) and R-1-AAA-B (Single Family
Residential) to PRD-5 (Planned Residential Development - 5 units per acre). At that meeting,
there was significant public comment opposing the proposed PRD (Planned Residential
Development) zoning category. Following public testimony, the Board continued the petition at
the request of the applicant in order for the applicant to work with the neighborhood groups.
On September 22, 2006, revised petitions were submitted. The new petitions involve amending
the Future Land Use Map designation from CF (Community Facilities) to LD (Low Density
Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA for a 9.0 acre
portion of the overall site. With the revised petition, the single family zoned parcels located along
Sherwood Boulevard would retain their current R-1-AAA-B zoning classification and a portion of
the site (the northwest corner) would retain its CF (Community Facilities) zoning classification as
this portion of the site would accommodate the relocated monastery use.
At its meeting of October 16, 2006, the Planning and Zoning Board held a public hearing to
consider the request for Future Land Use Map amendment (small-scale) from CF (COmmUnily/O. FJ
City Commission Documentation - Meeting of January 2, 2007
Christ The King Monastery of St Clare Future land Use Map Amendment and Rezoning and Associated Reduction of
Lot Frontage and Lot Width Requirements for Proposed Lots 20 and 25
Facilities) to LD (Low Density Residential 0-5 du/ac) and a rezoning from CF (Community
Facilities) to R-1-M (Single Family Residential) for the subject property. Staff recommended
approval of a compromise which required the modification of the request to provide R-1-AM-B
sized lots along the east property line where they immediately abut R-1-AM-B zoned lots
within the Sherwood Park Subdivision. There was considerable public testimony. Several
residents spoke in opposition to the requested R-1-M zoning district and requested a proposed
zoning of R-1-AM-B; or a combination of R-1-M and R-1-AM-B. The residents also voiced
concerns with respect to the traffic and its impacts on the adjacent neighborhood street system
and requested that access be obtained to Military Trail through the Emmanuel Catholic Church
site. The Board discussed the proposal and offered the following comments, namely, that they
hoped some compromise could have been reached with the access and this remained a major
concern. They felt from a zoning perspective, the proposed zoning is compatible. After
discussing the proposal, the Board voted 5 to 0, to recommend that the request be denied
based upon findings that the request is inconsistent with the Comprehensive Plan, and does not
meet the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development
Regulations.
On December 12, 2006, the City Commission approved on First Reading an amended
Ordinance 59-06 and revised concept plan with Lots 1 - 6, 24 and 29 having a minimum size of
12, 500 sq. ft. each and the remaining lots with the exception of Lots 20 and Lot 25 meeting the
minimum standards of the R-1-M zoning requirements. Both Lots 20 and 25 are 11,036 square
feet and although they exceed the minimum lot area of 9,500 sq. ft. they do not meet the
minimum lot frontage and lot width requirement. Pursuant to LDR Section 4.3.4(K)
"Development Standards Matrix" a minimum lot frontage and lot width of 95 feet is required for
corner lots. A proposed lot width and lot frontage dimension of 89 feet is proposed for each lot.
Pursuant to LDR Section 4.3.1 (D), lots or yards created after October 1, 1990 shall meet the
minimum requirements established by Chapter 4 unless the City Commission declares at the
time of approval of an associated development application that it is necessary and appropriate
to create such nonconformity. Pursuant to LDR Section 4.3.1 (D) the applicant is requesting the
following relief:
. Reduction of required lot frontage from 95 feet to 89 feet; and,
. Reduction of required lot width from 95 feet to 89 feet.
The requested relief with respect to lot frontage and lot width is noted in the following table:
95
95
100
9,500
89
89
124
11,036
95
95
100
9,500
89
89
124
11,036
2
City Commission Documentation - Meeting of January 2, 2007
Christ The King Monastery of St Clare Future land Use Map Amendment and Rezoning and Associated Reduction of
Lot Frontage and Lot Width Requirements for Proposed Lots 20 and 25
The proposed reconfiguration of the property allowed for the creation of larger lots similar in size
and dimensions to the R-1-MA-B requirements for approximately the north one-half of the
parcel. In so doing it created nonconformity with respect to the lot frontage and lot width for
proposed Lots 20 and 25. Lots 20 and 25 are interior to the subdivision and exceed the 9,500
square feet minimum lot area requirement. As stated above the reduced lot frontage and lot
width will allow the creation of larger lots along the northern perimeter under the proposed
development scenario.
The justification provided by the applicant is attached and a summary of the reasons cited for
the reduction request is noted below:
"The reasons for the proposed reduction in the lot frontage and width requirements relate to the
restrictions being placed on other lots within the property contained in the Plan. The reason that
the other lots were restricted was to establish identical lot sizes to the lots immediately joining
them. This is a higher standard than is required for a future land use change or a rezoning. The
Plan has been revised so as to place a condition upon 5 lots in the northern quadrant of the
property that they be not less than 12,500 square feet. Increasing these lots sizes resulted in
reducing the lot frontage and widths for Lots 20 and 25. Even with this reduction, Lots 20 and 25
could allow for a home to be constructed with a width of 64 feet within the required setbacks,
which is generally speaking, as large as or larger than other homes in the area. Furthermore,
even with the reduction, Lots 20 and 25 will be 1,536 square feet larger than the lot size
required for the R-1-AA zoning district. Additionally, since corner lots require a width 20 feet
larger than interior lots, these lots are still 14 feet longer than interior lots would be.
Accordingly, the homes to be constructed on these lots will still meet the minimum lot size
requirement, allow for full size homes, and be in conformity with the surrounding neighborhood".
As the reduction in the lot frontage and lot width has been created in order to provide larger lots
adjacent to the neighboring properties it is appropriate that the City Commission determines that
the reduction request is necessary and appropriate. On second and final reading on January 2,
2007, the Commission continued the item so that the ordinance could be modified to require
that the R-1-MA-B building setbacks would be applied to lots 1-6, 24 and 29, as shown on the
attached exhibit "A". The revised ordinance is now before the Commission for first reading. If
passed, the second and final reading is scheduled for February 6,2007.
Since a new first reading of the enacting ordinance is being considered, the letters and petitions
that were previously provided to the City Commission at the meeting of December 5, 2006 are
attached.
Approve the Future Land Use Map amendment from CF (Community Facilities) to LD (Low
Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA
(Single Family Residential) for 9.00 acres of land lying within Christ the King Monastery of St
Clare by adopting the findings of fact and law contained in the staff report, and finding that the
request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections
3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development Regulations and that to ensure
3
City Commission Documentation - Meeting of January 2, 2007
Christ The King Monastery of St Clare Future land Use Map Amendment and Rezoning and Associated Reduction of
Lot Frontage and Lot Width Requirements for Proposed Lots 20 and 25
compatibility, approval shall be conditioned upon lots 1-6,24 and 29, as shown on the attached
exhibit "A", being a minimum size of 12,500 sq. ft. each and subject to the R-1-AAA-B building
setback requirements; and, that the remaining property, not including the above mentioned lots,
consist of no more than 21 lots, each meeting the minimum standards of the R-1-AA zoning
requirements, except for lots 20 and 25 in which the lot frontage and lot width on both lots shall
be allowed to be reduced from the required 95 feet to 89 feet based on the City Commission
finding herein made that it is necessary and appropriate to create the nonconformity in order
that compatibility can be accomplished.
Attachments:
· Planning and Zoning Board Staff Report of October 16, 2006
· Ordinance No. 59-06
· Applicant's Justification Letter
· Letters of Public Comments and Petition
4
ORDINANCE NO. 59-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM CF (COMMUNITY FACILITIES); TO LD (LOW
DENSITY RESIDENTIAL 0-5 DU/ AC); ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND
PLACING LAND PRESENTLY ZONED CF (COMMUNITY
FACILITIES) TO R-1-AA (SINGLE FAMILY RESIDENTIAL)
DISTRICT; PROVIDING FOR A MODIFICATION OF MINIMUM LOT
REQUIREMENTS AND SETBACKS FOR CERTAIN LOTS; SAID
LAND BEING A PARCEL OF LAND LOCATED 125 FEET SOUTH OF
SHERWOOD BOULEVARD, APPROXIMATELY 650 FEET EAST OF
MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Christ the King Monastery of St Clare, Inc., is the fee simple owner of a 9.00
acre parcel of land located 125 feet south of Sherwood Boulevard, approximately 650 feet east of
Military Trail; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation ofCF (Community Facilities); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned CF (Community Facilities)
District; and
WHEREAS, at its meeting of October 16, 2006, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to
o to recommend that the requests be denied, based upon a failure to make positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are not consistent with and
does not further the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan with the addition of conditions as permitted by Section
2.4.4 of the Land Development Regulations and as set forth below; and
WHEREAS, notice has been sent regarding the reduction of the minimum lot dimension
requirements as set forth in Section 4.3.1 of the Land Development Regulations; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0-5 du/ac).
Section 3. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of R-1-AA District for the following
described property:
The East 573.0 feet of the West 1285.0 feet of the South 760.0 feet of the North 1595.0 feet
of the South half of Section 24, Township 46 South, Range 42 East, Palm Beach County,
Florida, less the West 110.0 feet of the North 394.75 feet thereof.
Section 5. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 4 hereof.
Section 6. That pursuant to Section 2.4.4 of the Land Development Regulations, to ensure
compatibility, this Ordinance shall be conditioned upon lots 1-6, 24 and 29, as shown on the
attached exhibit "A", being a minimum size of 12,500 sq. ft. each with minimum lot requirements
as follows; lot width 100 ft., lot depth 110 ft., lot frontage 100 ft., front setback 35 ft., side street
2
ORD NO. 59-06
setback 17 ft., side interior setback 12 ft., rear setback 12 ft., and that the remaining property, not
including the above mentioned lots, shall consist of no more than 21 lots, each meeting the
minimum standards of the R-1-AA zoning requirements, except for lots 20 and 25 in which the lot
frontage and lot width on both lots shall be allowed to be reduced from the required 95 feet to 89
feet based on the City Commission finding herein made that it is necessary and appropriate to create
the nonconformity in order that compatibility can be accomplished.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 8. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall affect the validity of the entirety of this ordinance, and this ordinance shall be deemed
null and void.
Section 9. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard
Oaks Boulevard, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of ,200_
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD NO, 59-06
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
October 16, 2006
IV.A
Future land Use Map amendment from CF {Community FaciJities) to lD (low
Density Residential 0-5 du/ac) for a 9.00 acre portion of the Christ the King
Monastery of St Clare and rezoning from CF (Community Facilities) to R-1-AA
(Single Family Residential} {Quasi-Judicial HeCiring). .
GENERAL DATA:
Owner/ApplicanL....................... . Christ the King Monastery of
St Clare
Sister M. Veronicci Butler
Jess Sowards
located 125 feet south of
Sherwood Bqulevard and
approximately 650 feet east
of MilitaryTrail
Property Size....;....,.,.................. 9.00 Acres
Future land Use Map................ CF (Community Facilities)
Current Zoning... .....,........... .......,. GF{Community . Facilities)
Proposed Future land Use Map LD (low Density Residential'
0~5du/ac)
R-1-AA (SinglePamily
Residential) .
Adjacent Zoning................North: R-1-'AAA-B(Single Family
Residential)
East: R-1-AAA-B(SingJe Family
Residential) in part and OSR
(Open Space arid Recreation)
in part .
South: OSR(Open Space and
Recreation) in part and CF
(Community Facilities) in part
CF (Community Facilities)
Church Monastery
Construction of 29 single
family residences
Water Service......,...................... Extension of water mains
from Sherwood Boulevard or
the Emmanuel Catholic
Church.
Sewer Service............................. Extension of sewer mains
from Sherwood Boulevard or
Sutton Place.
Applicant........ ............ ............ ._...
Agent... ................. ......................
location........ ..... ............... ......... .
Proposed Zoning
West:
Existing land Use......................
Proposed land Use....................
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The action before the Board is making a recommendation to the City Commission on a privately
initiated Small-scale Future Land Use Map (FLUM) amendment from CF (Community Facilities) to LD
(Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) toR-1-M fora 9.00
acre portionof Christ the King Monastery of Sl Clare. The subject property is located 125 feet south of
. SherwoOd Boulevard, approximately 650 feet east of Military Trail, and to the rear (east) of the
Emmanuel Catholic Church.
Pursuant to LOR Sedion 2.2.2(E), the local Planning Agency (Planning' and Zoning Board) shall
review and make a recommendation to the City Commission with respect to all amendments to the
City's Future Land Use Map and rezoning of land.
'ChrisLthe King Monastery of St. Clare is Jocatedon a 10.98 acre parcel at the southwest comer,of
Sherwood Boulevard and ~utton Place. The facility was originally constructed in the late 1960s. With
adoption of the Comprehensive Plan in 1989, the subject property was designatedCF(Comrriunity
Facilities). With respecUo the zoning history of the property, prior to October 1990, the zoning was,R-
1-AM-R With the Citywide rezoning in October 1'990, the property was rezoned to CFCornmunity
Facilities.
With resp~ct to development, activity, at its meeting of January 1'1, 2006, the Site Plan Review and
. AppearanCe Board approved a Class V site plan to allow the construction ofa new Monastery for the
Poor Glare Nuns, whichinc1uded a sanctl;Jary, Jiving quarters;.and. administration:'ciffices~ Subsequent
to the site: plan approval, if was determinedtllat,thecost to build and maintain the proposed facility
was prohibitive and the development proposal Was abandoned."'"
On August7k 2006, the Planning and Zoning Boafdc<>nsideredarequest for a Future Land Use Map
. (FLUM1'amenoment from CF~ (Community Facilities) to LD(l:.ow Density Residential 0-5 du/ac) and a
rezoningfrortf CF(Comm~nity Facilities). and J~-1-AAA-B.{Single"Family Residentia1)to PRD-5 ,
(Planne~;J~esidential" Development -' 5 units per acre).. At that meeting, there was significant public
commentot'posing the proposed PRO (Planned; Residential Development) zoning category. Following'
,public testitnqny, the Board .continued the petition at the request of the applicant in order for the
applicanftO work with the neighborhood groups.
. .
On September 22, 2006, revised petitions wer-e submitted. The new; petitions involve amending the
Future Land Use Map designation from CF (Community Facilities) to LD (Low Density Residential 0-5
du/ae) and rezoning from CF (Community Facilities)toR-hM for 89.0 acre portion of the overall site.
With the revised petition, tt;1e.single family zoned parcels ,located along.Sherwood Boulevard would
retain . their current R-1-AAA-B zoning dassification. and a portion 'of the site (the northwest corner)
would retain its CF (Community Facilities) zoning classification.
. Florida Statutes 163.31873 - Small Scale land Use Map Amendments:
This Future Land Use Map Amendment is bein~l processed as a Small-Scale Development pursuant
to Florida Statutes 163.3187. This statute states that local government Comprehensive Plan Future
Land Use Map amendments directly related to proposed small scale dev~lopment activities may be
approved without regard to statutory limits on the frequency of consideration of amendments (twice a
year), subject to the following conditions:
P & Z Board Staff Report October 16, 2006
Christ the King Monastery of 5t Clare - FLUM Amendment and Rezoning
Page 2
o The amendment does not exceed 10 acres of land;
o The cumulative effect of the amendments processed under this section. shall not exceed 120
acres within designated redevelopment and traffic concurrency exCeption areas, or 60 acres
annually in areas lying outside the designated areas;
o The proposed amendment does not involve the same property, or the same owner's property
within 200 feet of property,granted a change within a period of 12 months; -
o That if the proposed amendment involves a residential land use, the residential land use has a
density of 10 units or less per acre;
o The proposed amendment does not involve a text change to the g6als, policies, and objectives
of the local government's comprehensive plan, but only proposes a land use change to the
future land use map fot a site-specific small scale development activity; and,
a The property that is the subject of a proposed amendment is not located within an area of
critical state concern. .
The Future l~mdUse Map amendmentinvolves a 9.00 acre portion of the ovetaIl10.98acre'parcel.
Thus, the. total area is less than the 10 acre maximum. The proposed arilehdmentto lD (low Density
Residential 0-5 du/ac) is less than the maximum 10 dwelling unit per acre limit set for residential land
uses. The property is not located within a designated redevelopment, urban infill, downtown
revitalization, or traffic concurrency exception area. This amendment along witfl. other small~scale
amendments processed this year, outside the designated areas, will total 11.55 acres which will not
exceed 60 acres. The property has not previously been considered for alanguse mapatnendment
.. nor has the same property owner's properties, within 200 feet, been granted a land use change, within
the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not
located within an area of critical state concem.
. .
Pursuant to Land Development Regu lation Section 3.1.1 (AY(Futui"e Land Use Map), all .Iand
uses and resulting structures must be allowed in the zoning district within which the land is
situated and, said zoning must be consistent with the land use designation as shown on the
Future land Use Map.
The Current CF zoning designation and CF (Community FacilitiesJFuture land Use Map designation
does not allow residential use. The Future Umd Use Map amendment.and rezoning is being sought to
aceommodate a future single family development on the site. The proposed R-1-AA (Single Family
Residential) allows single family residenCes as principal use per lOR Section 4.4.3(8). Table l-7
"Land Use DesignationlZoning Matrix," of the Future land Use Element, shows that the R...;1.,.AA
zoning district is eonsistent with the lD Future land Use Map designation. Thus, positive findings can
be made regarding consistency of the FlUM.
REQUIRED FINDINGS:
Future Land Use Element Policy A-i.7: Amendments to the Future Land Use Map must be
based upon the following findings:
Q Demonstrated Need -- That there is a need for the requested land use. The need must be
based. upon circumstances . such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, or similar
circumstances. The need must be supported by data and analysis. This policy shall not
apply to requests for the FLUM designations of Conservation or Recreation and Open
Space.
The applicant has provided the following justification statement:
P & Z Board Staff Report O(,.~Jer 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 3
"The need for this application to request a land use Elmendment from CF to LOis due to changes in
availability of land. When the original compreheflsive plan for the City of Delray Beach was
adopted, this property was owned and used by Christ the King Monastery of St Clare, Inc. and
received the classification of the designation of Community Facilities- Conference Center/Other.
The origina/34,060 sq. ffbuilding, built in 1967 "on an 11.63 acre tract is in deplorable condition
including water damage. Based upon the required repairs and complying with current building
codes, it was determined that the existing facility should be demolished.
. .
In 2003, a new 7,750 sq. ft. residence for retired priests was built on a .65 acre piece pElrceled out
of the original 11. 63 acres. However, due to changing trends and conditions in their circumstances,
the Poor Clare Nuns are now proposing to abandon the existing facility which they can no longer
maintain. In addition to the retired priest residence an additional residence of approximately 8,500
sq. ft. is being proposed for the nuns. To accommodate this addition and provide open space for
. the new facility, the prope.rty size will be increased from .65.acres to 0.99 acres, leaving a large
ur'developed parcel of approximately9.00,acres available once the original faciiity is demolished.
. Proposed for the'. 9. 00 acre~ balance are 25 to 29 single family lots.. This 'IIould be a density
substantially less than 5 lInits per acre.
The requested designation of LP.is.consistent with the predominately residentiafcommunitygoalof
the adopted Comprehensive Plan, con$istent with the objective .to compliment adjt3Cen(land uses
. and fulfill policies by providing a. variety of housing types to accommodate' the . diverse make.~p of
the City'sdemograph;c profile tcfmeet housing need. . .
Atra/fic s,tatement has determined that the parcel, completely built qut, . will still meet concurrency
$mnd~rd~ . . .
AcCording to the FLUMmap, the subject properly is currently surroundedo[l the north apd.a
portion of the east by tD (Low Density 0-5 units per acre), on the east andsouth by Os (Open
Space - Lake. View Golf Course). ?pd on the westby CF (CommunityFacilities)- church property.
Theref6re the land usede~ignation of LD would be appropriate and compatible with e.xistingand
future land uses of the surrounding properties. Development under the requested designation will
comply with the provisioris lind requirements ofthe Land Development Regulations. "
The requested FLUM anie'ndment is based on the changes in the availability of land. The current
CF Future Land Use Map designation was tied to a specific existing ;use on' the subject property.
Since this existing use is being relocated and constructed as a smaller facility on a 0.99 acre
portion of the subject property, the remaining 9 acres will be.available for new development. Since
the current zoning and Future Land Use Map designation will not allow Single family residential
development, which is the prevailing land. use in the area, the changes are being sought Given
the specific nature of the CF (Commuriity Facilities) category and.the fact that the specific use Will
. no longer be on the majority of the site, the change is warranted. Therefore, positive findings can
be made with respect to fulfilling a demonstrated need.
a Consistency -- The requested designation is consistent with the goals, objectives, and
policies of the most recently adopted Comprehensive Plan.
Future Land Use Element Policy A-2.3: Development of remaining vacant properties shall occur in
a manner which is consistent with and complimentary to adjacent development regardless of
zoning designations. This policy shall be implemented through the review process associated with
platting and site plans.
P & Z Board Staff Report October 16, 2006 .
C~rist the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 4
The subject site is partially vacant. With the proposed demolition and reconstruction of the
monastery, 9.00 acres of the site will be available for development. The proposed lD (low
Density Residential 0-5 du/ac) is consistent with the surrounding Future land Use designations.
The property is surrounded on the north and east by single family residences, on the west by the
. Emmanuel Catholic Church and on the south and a portion of the east property line by the
lakeview Golf Course. The FlUM designation of the surrounding proPerties is lD (low Density
Residential 0-5 du/ac) for the residential uses, CF (Community Facilities) for Emmanuel Catholic
Church, and OS (Open Space) for the lakeview Golf Course. As stated in the above policy,
development shall occur in a manner which is consistent with and complimentary to adjacent
de'velopment regardless of zoning designations. This policy shall be implemented through the
review process of platting for single family developments.
.., Housina Element Obiective A-3: For those areas identified as "stable residential" on the
Residential Neighborhood Categorization Map, the City shall implement the following poliCies to
ensure that they remain stable and do not decline:
HoUsina Element Policv A-3.2: The most restrictive residentiaf zoning district that isilpplidable
given existing development patterns and typical lot sizes shall be applied to these neighbOrhoods
and affixed to the zoning map. . Requests lor rezonings to a different zoning designation, other than
Community Faoilities, Open Space" Open Space and Recreation. and Conservation shall' be
. denied.
The subject property is not identified as "stable" on the' Residential Neighborhood Categorization
Map~ The "stable" designation covers a broad area to the north and east ofthe site andat the
time, the designation was applied~thesubjectparcel was zoned.'CFand the monastery was not
considered residential. Therefore, the subject property is not subjectto this provision. However,
consideration should be given to the compatibility of the proposarwith respect to the prevailing
. land uses. Tne following table details the lot size and dimensions of the surrounding residential
properties: . .
North side of subj~ct Undeveloped
property (south side
of Sherwood Blvd)
. ,
North side of Single Family R-1-AAA-B 18, 500 sq. ft.- 100' - 190' 185'
Sherwood Blvd. West Residential 35,150 sq. ft.
of Suttori Place
East ~ide of property . Single Family R-1-AAA-B 12,500 sq. ft. 100' 125'
Northhal Residential
TO the immediate north of the subject property, the lots fronting on the. south side of Sherwood
Boulevard are owned by Christ the King of St Clare, Inc. and are proposed to retain the R-1-AM-
B zoning classification. The proposed lots in the R-t-AA zoning, requested for the remaining 9.00
acres, will have a minimum lot area of 9,500 sq. ft. and minimum lot dimensions of 75'x100'
(interior lots) and 95'x100' (comer lots). The applicant is proposing lot sizes ranging from 9,545 sq.
ft. to 11,875 sq. ft. These lot sizes are slightly smaller than the surrounding lots which have a
minimum required dimension of 100' x 110'. It is recommended that the exterior lots immediately
adjacent to the abutting residential properties be increased in size to meet the minimum required
dimensions of 100' x 110' and a required minimum area of 12,500 sq. ft. This would require
. reconfiguration of proposed lots 4,9, and 10 and/or modification to a zoning classification of R-1-
AM-B for those lots. It is noted that the proposed Future land Use Map change is from a non-
P & Z Board Staff Report OClvlJer 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 5
residential land use designation (CF) to .a residential designation (LD) which is the same as the
adjacent "stable" resideritial neighborhood.
. .
Housina Element Policv A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consider the effect that. the propo~al. will have on the stqbility of nearby
neighborhoods. Factors such as. noise, odors, dust, traffic volumes and circ;ulation patterns shall
be, reviewed in terms of (heir potential to negatively impact the safety, habitability and stability of
residential areas. If it is determined that a proposed development willresult.in a.degradation of
any neighborhood, the project shall be modified accordingly or denied.
Compared to the potential for the existing monastery, the proposed ney/development will
decrease the traffic in the surrounding area by 8 ADT (Average Daily Trips), but will increase the
PM peak hour trips by 14. This increase is not substantial and should not negatively impact the
traffic patterns in the area. The proposed single family .will. have little impact on the surrounding
area with regard to noise, odors, dust, and/or circuJation patterns,. The applicant has two access
points to the development, one at the western end of Lakeview Boulevard and the other on
. Sherwood Boulevard. To minimize the impactonSherwood BoulevCjrd, it is important to note that
theaccesswiU provide two-way access to the proposed monastery and then narrowtoprQvide an
inbound, one-way access only to. the proposed re.sidential development. T~is 'traffic cjrclllation
. pattern Dasheen Propos~d to address. neighborhood. concerns over the projept's traffjcimpa.cts.
Providing an entrance only would reduce the number of trips coming from Military Trail that would
be required to access the subdivision via Sutton Place.
. . .
oConcurre,ncy ~-. Devel~pmentat th~ highest intensity . pos~ibh~. under tJ1e, requested
. tlesignc:ttion can meet the. adopted concurrency standards.
Theproposalinvolv.es;the FLUMamendmel1t oes.oo a,cr;~s fromCF to, LD. At the maximum
density allowed under. the l..D. FLuivI designation (5 units' per acre), it"would"be possible to
construct 45 units. While the proposed development scenario will only contain a total Of 29 single
family homes, the maximum number of units (9.00 acres x 5 du/ac = 45 units) which may be
accommodCitedunderthe LDFLlIMdesignationha,s been analyzed for concurrenCypurpQse.~.
. "., . '" . - . ",' -'--':".
. Traffic: The trip generation according to Table 10-8-3 "Fair Share Road Impact Fee Schedule"
Palm Beach County Traffic Performance Standards Ordinance for single family units is to ADT
{Average Daily Trips). Therefore, the redevelopment could generate a total of 450 ADT (Average
Daily Trips). It is noted that the existing use generates 328 trips (potentia!), resoltingin a net
increase of 122ADT. Since the most intensive use of the property under the proposed future land
use designation would generate less than 200 new ADT,a traffic study is not reqoired~ A copy of
the submitted traffic statement has been transmitted to the PalmBeach County Traffic Division for
. review. A letter from the Palm Beach County Traffic Division stating that the proposal complies
with the Palm Beach County Traffic Performance Standards Ordinance must be reCeived prior to
subdivision plat approval. Given the level of service of the adjacent roadways, no issues with
respect to the ability of the project to meet traffic concurrency are anticipated. Based upon .the
above condition of approval being addressed, a positive finding with. respect to traffic concurrency
can be made. '. .
Solid Waste: The. Solid Waste Authority indicates that it.has capacity to serve development in.the
County at its current LOS of 1.99 tons per year for single family units for the life of the existing
landfill, which is anticipated for the year 2021. Under the maximum units which can be developed,
(45 single family units), the project would generate 89.55 tons per year. The potential annual solid
generation of the existing use is 102.7 tons: Consequently, the proposed FLUMamendment will
reduce the solid waste generation by 13.15 tons.
.' P & Z Board Staff Report October 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 6
Water & Sewer: Water service is currently provided via a 4" main from the Emmanuel Catholic
Church located to the west. This main will not be adequate to serve the proposed development
and thus the extension of either the 8" water main located along the north side of Emmanuel
Catholic Church or the 6" mains along Sherwood Boulevard and Sutton Place will be required.
Sewer services can be provided via' the extension of the existing 8" sewer mains located within
. Sherwood Boulevard and Sutton Place rights-of-way. Pursuant to the Comprehensive Plan,
treatment capaCity is available at the City's Water Treatment Plant and the South Central County
Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings
can be made with respect to this level of service standard.
Parks and Recreation: Pursuant to land Development Regulations' (LOR) Section 5;3.2, a. park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for
each unit. Based upon the maximum development potential under the LD FLUM designation of 45
dwelling units, a park impact fee of $22,500 will be reqUired. .
Schools: The Palm. Beach County School District must approve the development proposal for
compliance with the. adopted.. Level of Service for School Concurrency. A School.'Concurrency
approval has beeR received for up to 48 single family homes)
Q Compatibility -- The requested designation will be compatible with the existing and future
land uses of the surrounding area.
As state~tabovetheprop.ertyjs surrounded. on the north arid east by single family residences, 'on
the west by the EmmanUel Catholic Church and on the south and a portion of the east property
line by the Lakeview Golf Course. The FLUM designation of the surrounding properties is LD (Low
Density Residential 0"'5,du/ac) for the fesidentiaf uses. CF (Commun'ity Facilities) for Emmanuel
Catholic Church, and OS (Open Space) for the Lakeview Golf Course.
. The requesteddesignatjon of LD is compatible with the adjacentresidential Future Land Use Map
designation. Therefore,positive ,findings with respectto'compatibiJity can be made. The
conceptual plan indicates the development of 29 single family lots for the subject property. It is
recommended that the single family lot sizes lying a€Jjacent to the existing single family residences
(Lots 4,9, and 10) be increased to the minimum required intheR-1-AM-B(100' x110' with a
requiredmiriimum area of 12,500 sq: ft)toenhance compatibility. ,
Q Compliance - Development under the requested. designation will comply with the
provisions and requirements of the Land Development Regulations.
Dev~opment of the property will. OCCur in accordance with the City's land Development
Regulations during the platting review process.
Within the R-1-AA zoning district, single family detached dwellings are permitted asa prinCipal use.
The applicant has submitted a conceptual plan that complies with the minimum lot dimensions
'required in the R-1-AA zoning category. However, as stated above additional consideration must
be given to providing larger sized lots along the eastern perimeter, where adjacent to existing
single family dwellings on larger lots. With the above modification, a positive finding.with respect to
compliance with the land Development Regulations can be made.
P & Z Board Staff Report Ocluoer 16, 2006
Christ the King Monastery of St Clare - FlUM Amendment and Rezoning
Page 7
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Required Findinas:'(Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior. to the approval of development
applications, certain findings must be made in a form which is part ofthe 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.
Fut~re land Use Map, Concurrency and Comprehensive Plan Consistency were previously
disCtJssed undeLthe "Future Land Use Map Amendment Analysis" section of this report. Complian~
with the Land Development Regulations with respect to Standards for Rezoning Actions and
Rezoning Findings are discussed below.
Consistency: Compliance with theperfonnance standards set forth in Section '3.2.2
(Standards for Rezoning A.ctions), along with the required findings in Section2.4.5{D) (5)
(Rezoning Findings), shall be the basis upon which a finding of overall consistency'is to be
made. Other objectives and policies found in the adopted Comprehensive Plan may be used.
in making afillding of'overall consistency.
Section 3.2.2 (Standards for Rezcmina Actions): Standards B,C and E are not applicable with
respect to this rezoning' request. The applicable performance stcmdards of Section 3~2.2are as
. follows: -
(A) lihemo!itresttictiveresidential.%oning district that is applicable given, existing
development patterns and 'typical lot sizes shall 'beapplied to those areas 'identified as
"stable" and "stabilization" on the' Residential Neighborhood Categorization Map.
Requests for rezonings to, a different zoning. designation, other than Community
Facilities, Open Space, Open -Space and Recreation, or'ConserVation shall be denied.
· The, surrounding: residential area has been identified as stable on the Residential NeighborhoOd
. Categorization Map. The adjacent residential properties are zoned R-1-AAA.;.B (Single Family
Residential) and lie along the north and a portion of the east perimeter. The other adjacent
zonings include OSR (Open Space and Recreation to the east and south and GF (Community
Facilities) 'to the west and soqth. The "stable" designation is not apptiedto this property, 'as the
subject parcel was zoned CF, therefore this standard does not apply. Further, the proposed
change for 9 acres of the property is from a non-residential zoning district to a residential district
which is more in keeping with the adjacent "stable" residential designation. However, as noted in
the balance of this report, lot sizes around the perimeter of the site should be increased to be
consistent with adjacent lot sizes. It is recommended that these changes be' incorporated in a
subdivision plat and that the plat be approved concurrently with the concurrently with the effective
date of the' rezoning ordinance.
(D)
That the rezoning shall result in allowing land uses which are deemed compatible with
. adjacent and nearby land uses both existing and proposed; or that if an incompatibility
may occur, that. sufficient regulations exist to properly mitigate adverse impacts from
the new use.
P & Z Board Staff Report October 16. 2006
CtJrist the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 8
The following zoning designations and uses border the property:
Direction
Zonina
Uses
North
. West
Squth
East
R-1-AM-B
CF
OSR & CF
OSR & R-1-AAA-B
Single Family Residential
Emmanuel Cathol.ic Church
Lakeview Golf COurse and Duncan Center
lakeview Golf Course and Single Family
The "Purpose and Intenfof all Single Family zoning districts under Section 4.4:3(A} states:
. "The Single Fl1mily Resicfential Districts have belm created in order to provide areas where the
traditional single family detached residences can be established and maintained and be
protected from the unwarranted intrusion of other inappropriate uses. Further,. the Single
Family Residential Districts are established in. compliance with provisions of Goal Area "A H of
the Comprehensive Plan which calls for the preservation' and maintenance of stable
neighborhoods. "
As stated above, the proposed R-1-AASingle Family Residential zoning district is consistent
with the proposed LO (Low Density Residential 0-5}.FlUM designation. Based on a minimum
lot size of 9,500 square feet.. the maximum density allowed under the R-1-Mis 4.5 units per
acre (however, actual densities are reduced to accomm0date' roadways).' Conversely. the
maximum density within the R-1-AM-B is 3.48 units per acre. based on a minimum. lot size of
12,500 sq uare . feet. Based solely on average lot si~es(again .absence. of..a~justment for
roadways} the densities within the surrounding neighborhood are 4.5 units in the R-1-M
section of the lakeview neighborhood. and. vary between~Uni~s. per acre to 3.48 units per acre
in the R-1-MA..B sections. .
A comparison of the lot development standards pursuant to LOR Section 4.3.4(K} is provided
below:
SETBAc1<s .
MINIMUM LOT LOT MINIMUM MINIMUM SlOE SIDE. .... I'i.:'.
LOT WIDTH LOT FRONTAGE FLOOR . OPEN FRONT STREET INTERIOR
SIZE IIC DEPllt IIC AREA SPACE 1&213 (7) 1 &213 (7) . 1&213 (7) REAR HElGHTI4)
(sq. ft.) .(ft.) (ft.) (ft.) (sq. ft.) (ft.) (ft.) (ft.) (ft.) (ft.)
rR..1-AAAB 12.500 100 I' 110 100 1.500 25% 35 17 12 12 35
IR..1-AA 9.500 75/95 100 75195 1.500 25% .30 I 15 '10 10 35
While the development standards differ with respect lots sizes and setback requirements.
elements such as the minimum floor area,open space and height requirements are the same
for both zoning districts. As noted previously, the existing lots fronting on the south side of
Sherwood Boulevard which are owned by Christ The King Monastery of StClare. Inc. will
remain R-1~AM-R Additionally. it is recommended that the lot sizes adjaCent to the existing
single family residences on the east side of the property be increased to a minimum of 12.500
square feet in order to enhance compatibility with the existing single family neighborhood to
east.
The adjacent neighborhoods which will be most impacted by this zoning change are the
Sherwood Park and lakeviewSubdivisions. While the Sherwood Park Subdivision is zoned R-
1-AM-B, the lakeview Subdivision is comprised of both the R-1-AM-B and R-1-M zoning
classifications.
P & Z Board Staff Report Oc.....Jer 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 9
,Zonlna Map of Surroundina Subdivisions
The difference in these zoning classification have existed in the neighborhood since the 1960's
and have not created any negative impact with respect to property values or traffic impacts.
.Attached is a comparison oftheappraised property values between the R...1;.AAA.B and R-t-'
'AA zoning district sections of the surrounding neighborhood'. No appreCiaUve difference is
shown. between .the two zoning districts."
. Section2.4.5(Dl-(5) CRezoninaFindinQs):
. . Pursuant to 'Section2~4~5(D)(5)(Findirigs),in additioll'to previsions ,of Section 3.1.1 , the City
Commission must make a finding that the rezoning fulfills one of the reasons for'which the
rezoning change is being sought. These reasons include the following: .
a. That the zoning had previously been changed, or was originally established,in error;
b~ .Thatthere has been a change in circumstances which make the current zoning
inappropriate;
c. Thafthe requested zoning is of similar illtensity as allowed under the Future Land Use
Map and 'that it is mOre appropriate for the property based upon circumstances
particular to the site andlor neighborhood.
In the rezoning application, the applicant has indicated that there has been a change in circumstances
which makes the cllrrent ;zoning inappropriate. The applicant states:
'7here has been a change in zoning which makes the current zoning inappropriate. The 40
year old monastery is in deplorable condition including water damage. Since iUs toO costly to
make repairs and maintain, the nuns in residence are proposing to demolish the facility and
move to a smaller site thus making 9.00 acres of vacant land available for development Single
family residential (R-1-M) is similar to the existing CF zoning in intensity but more appropriate
to the adjacent areas. -Examples of allowable uses in CF are clubs and lodges, abused
spouse residences, child day care centers, community centers and swim and ten(1is centers,
The proposed zoning' change is contiguous to a City owned golf course, ,the' new location for
the nuns, Emmanuel Catholic Church s retention pond and the single family residential uses. "
P & Z Board Staff Report October 16, 2006
Ctlrist the King Monastery of St Clare - FLUM Amendment and Rezoning
'Page 10
Comment: The basis for which the rezoning is being sought most closely relates to Items "b" and "c".
The change in circumstances has been brought about with the availability of the site for development.
As stated previously, the existing monastery use is being demolished and constructed as a smaller
facility on a 0.99 acre portion of the subject site, thus alloWing 9 acres to be available for new
development. The proposed R-1-AA zoning designation will allow the development of a single family
residential project which maintains the prevailing Low Density FLUM designation which exists on the
adjacent residential neighborhood, north and east of the site.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by the
body taking final action on the development proposal.
As. .rtoted previously, compliance with the. Land Development Regulations will Occur during the
subdivision plat process, at which time,the layout of the site including the street system and lot
configuration will be approved.
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The development proposal is not located within the geographical area requiring review by the CRA
(Community Redevelopment Agency) of the DDA (Downtown DevelopmentAuthority).
.PARC Notice:'
On~'October 5,2006, ..a revised notice of the Future Land Use .Amendment was provided to the
Interlocal Plan Amendment Review Committee (IPARC) whicli distributes the information to adjacent
. rTJunicipc:llities. No objections have. been received. ..
Courte~y Notices:
A special courtesy notice was provided to the following Homeowners and Civic Associations:
· Ne'ighborhood Advisory Council
· Presidents Council
· .Shadywoods Homeowners Association
· LakeviewCivic Association
· PROD
· Sherwood Park Civic Association
· Hamlet
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Three letters of petition have been received and are attached. A request has been made by
the neighborhood association that the original petitions signed by the 340 residents be made a part of
the reCQrd. Additional letters of objections or support, will be presented at the Planning and Zoning
Board meeting. ' '.
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The proposed FLUM designation of LD (Low Density Residential) and zoning of R-1-AA is consistent
with the policies of the Comprehensive Plan and Chapter 3. of the Land Development Regulations.
The existing CF Future Land Use Map designation and zoning does not allow the redevelopment of
the site for residential uses. Given.the proposed demolition of the existing monastery, the requested
to (Low Density Residential 0-5 du/ac) is appropriate and is compatible with the surrounding Low
Density Future Land Use Map designation. The proposed R-1-AA zoning is compatible with the
P & Z Board Staff Report OCluoer 16, 2006
Christ the King Monastery of St Clare - FlUM Amendment and Rezoning
Page 11
surrounding zoning designations, and is.in keeping.with the zoning pattem that exists in the adjacent
neighborhoods which .includes a mix of R-1-AAA-B and ,R-1-M zoning designations. To ihcrea'se
compatibility it is recommended that th~perimeter lots (Lots 4, 9 and 10) are increased in size to the
minimum required by the R-1-AM-B district. While this could be accommodated without modifying the
current zoning, request, the only concrete Way of assuri'19 this would be to expand the area of R-1-
AM-B zoning. Further, with an increase in size of the perimeter lots, compatibility with adjacent single
family homes can be enhanced. Positive findings can be made with respect to LOR Section
2.4.5(D}(5} (Rezoning Findings).
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~,-"_~_~~_~,:2~~~1-~fw.~~ ,~~i~J~~''.~~(~r':i'~ ,).~!1~~~f~-~ v_~- : '~~ L ~ <__:
A. Continue with direGtion.
B. Move to table the Future Land Use Map amendment from CF (Community Facilities) to LD
(Low Density Residential 0-5 du/ac) and rezoning from CF (Community .Facilities) toR-1..M
(Single Family Residential) for 9.00 acres of land lying within Christ the King Monastery of St
Clare with direction that R~1-AM-B zoning ,be requested for propqsed Lots 4, 9 and ~o of the
;site. .
C. Move a recommendation of denial to the ,City pam mission fortlleF.utureLand Us~ Map
amendment from CF(Community Facilities} toLD (,""ow,Den,~ity .Res,identiaIO-5 du/~cland
rezoning from CF (Community Facilities) to R-1"':M(Sirigle Family Residential) for 9.00 aci:es
of land lying within Christ the King Monastery of St Clare by adopting the findings offast.an(1
taw contained' in. the staff report, and finding that the request is inconsistent with . the
CornprehElnsivePlan, anq does not meet the criteria set forthin Sections 3.t.1, 3,2.2;'aoo
2.4~5(D}(5) ofthe Land PElvelopmemt Regulations. .
D. Move a recommendation of approval to the City"Comrn1ssiorifor'the .Future Land Use Map
amendment from CF (Community Facilities} to LD (Low Density Residential> 0-5 du/~.c)a~d
rezoning from CF (Community Facilities) to H-1-M (Single Family Residential) for'9.0(j" acres
of land lying within the. Christ the King Monastery of St. Clare site. by. adopting the findings . of
fact and law contained in the staff report, and finding thatthe request is Consistent with the
Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2A.~(D}(5}
of the Land Development Regulations subject to a simultaneous approval of a plat increasing
the perimeter lot sizes as identified in the report. .
,._~__.~~~ ~~'B'~~)}a~'~)~~~~~,~.:~
Move a recommendation of .approval to the City Commission for the Future Land Use Map
amendment from CF (Community Facilities) to to (Low Density Residential 0..5 du/ac} and rezoning
from CF (Community Facilities} to R';;1-M (Single Hunily Residential) for 9~OO acres of land lying
within Christ the. King Monastery of St Clare by adopting the findings of fact and law contained in the
staff report', anefinding that the request is consistent with the Comprehensive Plan, and meets the
criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D}(5} of the Land Development Regulations With
the effective date of the rezoning ordinance concurrent with approval of a subdivision plat with the
perimeter siriglefamily lotsadjaceht to theexisling lots within Sherwood Park Subdivision and
Lakeview Subdivision, Lots 4, 9 and 10 having a minimum required area of 12,500 square feet with
minimum dimensions of 100' (lot frontage), 100' (lot width), and 110' (lot depth), similar to the
requirements of the R-1-AM-B zoning district.
Attachments:
· Survey
· Concept Plan
· Zoning Map
· Future land Use Map
· letters of Petition
· Appraised Value Comparison
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CHRIST THE KING MONASTERY OF ST. CLARE
- EXISTING FUTURE LAND USE MAP DESIGNATIONS-
OTY Of" DElRA Y BEACH. FL
PlANNING &: ZONING DEPARTMENT
-- OICITAL BASE MAP SYSTEM --
MAP REF: LMB94
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
SHAYNA M. REITMAN
OF COUNSEL:
ROBERT MARC SCHWARTZ, P A
Florida Bar Board Certified
Real Estate Lawyer
December 22, 2006
Mr. Paul Dorling
Director of Planning and Zoning
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Via Hand Deliverv
Re: Christ the King Monastery of St. Clare
Our File No.: GIUA002
Dear Paul:
This letter is a justification regarding Section 4.3.1 (D) of the City of Delray Beach
Land Development Regulations ("LDRs"). Section 4.3.1 (D) of the LDRs states that "No
yard or lot existing at the time of passage of this chapter shall be reduced in area or
dimensions below the minimum requirements set forth herein. Lots or yards created after
October 1, 1990 shall meet the minimum requirements established by this chapter unless
the City Commission declares at the time of approval of an associated development
application that it is necessary and appropriate to create such a nonconformity."
In conjunction with proposed Ordinance 59-06, our client is requesting a reduction
for the lot frontage and lot width requirements for Lots 20 and 25 on the property
("Property") as shown on the attached plan ("Plan"). We are requesting a reduction in the
required interior corner lots in R-1-M from 95 feet to 89 feet, equalling a reduction of 6 feet
per lot. The proposed lot square footage, which is approximately 11 ,036 square feet, is
larger than the minimum required 9,500 square foot lot size within the R-1-M zoning
district. Additionally, the proposed lot depth of 124 feet is 24 feet greater than the
minimum 100 foot depth required in this zoning district.
The City Commission should be compelled at the time.ofthe future land use map
change and rezoning to declare that it is necessary and appropriate to create such
nonconformity. The future land use change and rezoning is an approval of a development
O:\GIUAOO2\Letter to Darling re justification.Dee 22, 2006.doc
Mr. Paul Darling
December 22, 2006
Page 2 of2
so this is the appropriate time for a determination on this issue.
The reasons for the proposed reduction in the lot frontage and width requirements
relate to the restrictions being placed on other lots within the Property contained in the
Plan. The reason that the other lots were restricted was to establish identical lot sizes to
the lots immediately joining them. This is a higher standard than is required for a future
land use change or a rezoning. The Plan has been revised so as to place a condition upon
5 lots in the northern quadrant of the Property that they be not less than 12,500 square
feet. Increasing these lot sizes resulted in reducing the lot frontage and widths for Lots 20
and 25. Even with this reduction, Lots 20 and 25 could allow for a hometo be constructed
with a width of 64 feet within the required setbacks, which is generally speaking, as large
as or larger than other homes in the area. Furthermore, even with the reduction, Lots 20
and 25 will be 1,536 square feet larger than. the lot size required for the R-1-AA zoning
aistrict. Additionally, since corner lots require a width 20 feet larger than interior lots, these
lots are still 14 feet longer than interior lots would be. .
Accordingly, the homes to be constructed on these lots will still meetthe minimum
lot size requirement, allow for full size homes, and be in conformity with the surrounding
neighborhood. Given the desire to create lots of an identical size to the lot sizes that border
the northern quadrant of the Property, decreasing these lots in the southern quadrant of
the Property by a mere 6 feet is necessary and appropriate.
PI se contact me should you need any additional information.
ve~~ln~ .
MiC\~~. Weiner ~
MSW: smr: ysg
Enclosure
Cc: Mr. Angelo Ray Giudice (w/o enclosures)
Mr. Jess Sowards (w/o enclosures)
~ Jason S. Maok.off,Esquire(w/o:enclosures}
Shayna M. Reitman, Esquire (w/o enclosures)
Ms. Ashlee L. Vargo (w/o enclosures)
O:\GIUAOO2\Letter to Darting re justification. Dee 22, 2006.doc
;'t.
;_'~( ;:,.1.,) ,.. .:.
City ofDeIray Beach
Planning and Zoning Board
IOONW 1st Avenue
Delray Beach, FL 33444
..: .;.. .:. ..:-; ~ : ~ .:.. ~ : i ,. :
Re: Christ the King Monastery
Dear Chairman Kroll and Board Members,
'fhe purpose of this letter is to request qonditions on the rezoning proposed for the Christ
the King Monastery. The proposed future land use designation is compatible with the
surrounding residential neighborhoods, however, we have-concerns about theR-lAA
zoning designation. Thiszoning designation allows smaller lots sizes than are adjaceilt to
the site and we respectfully reql.lCStthat the Board recommend that new lots along the
easternboundarvofthe site be resmctedwithlot widths of least 100 feet.
Ou~'hoci~' i'g thi~~'lots east ofthe site and our backyard will be perpendicul~ to the,
backyards of the proposed residences~ The golf course provides an operiarea and it Will
be easy to view the new residences (and for our yards and h<;>~es to be Yi~}'Ved), For
.',~. i.. ... .'t".' ...1....4!} .,..:,~
compatibility reasons these parcels should be developed 1ik~1J:?q~e ip;.~e.'$heI""'fq<?4.rark
and Lakeview neighborhoods. The City has coordinated witi{ih~ appllcant'to erlsUfe
parcels on the north boundary are compatible and we request the same considefation for
the eastern boundary.
We understand that less restrictive zoning than R-1AA is located within the Lakeview
neighborhood. It should be noted that these parcels are located on Lakeview Drive and
the lots are not across from or perpendicular to any lots designated as R-1AAAB. These
lots are not viewable by the lots zoned R-1AAAB. .
For the above reasons, please consider designating the property with R-1AAAB zoning
or placing lot size conditions on the eastern boundary of the site to be consistent with the
homes nearby in the Lakeview subdivision.
Regards, .
r~C(.~. .~t/l- ~
Karen A. Kiselewski & Brian R Link
RECEIVFD
OCT 1 1 2006
PLANNING & ZONING
Pagelofl
Allen, Jasmine
From: JUJUCHACHI@aol.com
Sent: Thursday, September 28,2006 12:02 PM
To: Allen, Jasmine
Cc: Perlman, Jeff; Dorling, Paul; Fetzer, Fred; johnlevson@mydelraybeach;com; Montague, Brenda
Subject: change of zoning .
to whom it may concern, _
My name is Charles Williams and I reside at 3897 Sherwood Blvd. My wife and I live directly across the street
from the Sisters of St Claire(Christthe.King) monastery which is currently being proposed for a zoning
change. We were unable to attend the first public meeting, but we did attend a meeting at the monastery on
Tuesday night Sept 26. which was attended by residents of Lakeview, and Sherwood Park, and the developer. .
My understanding is that the current zoning on Sherwood Blvd is to remain the same R1-AAA. and-the interior
of the property is the section to be rezoned, I believe to R1-M.
There was talk at this meeting concerning a public road entering the property in the middle of the block on .
Sherwood Blvd, directly in front of our home, which I am totally against. The current access to the monastery is
a private drive with very limited traffic,and have never been a public access road. By.allowing the developerto
add a publicroad off SherwoodE3lvd., in themiddle oUhe block creates~ s~rious safety issue. In my. opinion,
the only logical access to.the property is a continuation of Lakevie'vV Blvd west directly intotqe property. Not
only is this the safest way to enter, it's in my opinion themosflogicalwciy. .
My wife and I are opposed to any zoning Changes along Sherwood Blvd, and. are totally opposed to any public
road(s) entering or exitingSherwoodBlvdbetWe.en Military Trail" and SuttdnPlace. ' . .
Sincerely,
Charles an<;j, JudithWimams
3897 Sherwood Blvd
Delray Beach,' FL 33445
Tel 496.0702 or 272.3232
1 on f')(\(\~
Page I ofl
Allen, Jasmine
From: Dorling, Paul
Sent: Tuesday, October 03,200610:42 AM
To: Allen, Jasmine
Subject: FW: Rezoning of Christ the King Monastery of StClare
Paul Dorling, AICP
Director of Planning and Zoning
City Of Delray Beach .
100 N.W. 1st. Avenue
Delray Beach, Florida 33444
561-243-7040
dOrlinQp((i)ci .delray-beach. ~ .us
From: elaineStuart@att.riet [mailto:elainestoart@att.net]
Sent: Tuesday, October 03, 2006 9:52AM
To: Perlman, Jeff; Ellis, Rita; Dorling, Paul; McDonnell, Mark
Subject: Rezoning of Christ the King Monastery of St Oare
Thank you in advance' for taking time out of your day to read my eMaiL
As a current resident of the Lakeview community, and a 27 year resident ofDelray Beach, I would like
you to know that I was most pleased with the Plaimingand Zoning board's decisiol1 to notallow
townhouses. for the rezoning of the. Christ the King Monastery of S,t Clare, during the September
meeting.
I would like to be on record that I support the zoning ofR-l-AAAB for the perimeter of the property and
R-l-AA for the interior of the property; This would keep the look and feel of our current community in
place. A true neighborhood, in one of the best cities to live in.
Again, I thank you for your time.
Elaine M. Stuart
3397 Lakeview Blvd
Delray Beach,FI 33445
Appraised Value Comparison
----------~----- - --~-~.-~~~--------~___.._r_~___,__
-V" , -~~ "::;-..:L~D~e '>~0jt."'2 _T:l:" .,:--, --. . , ;':":,,.....,,....",., ~
t~J.{.'" _';r~l~;~~'-,......., ~ .....-;,.,~ ....' iHrrf.. ~'~~1 \~~lt..J:'A
. - - - - ,iJ8:L~" ~.~~ '~~!~li -- ~ - J .- ,-r: ~ 1
. Sherwood Park & Lakeview Subdivisions - (Lots within 500 feet of the subject property)
12-42-46-24-01-006-0072 3803 SHERWOOD BLV
12-42-46-24-01-006-0071 3819 SHERWOOD BLV
12-42-46-24-01-006-0081 3837 SHERWOOD BLV
12-42-4~24-o1-006-0092 3843 SHERWOOD BLV
12-42-46-24-01-006-00913897 SHERWOOD BLV
. 12-42-46-24-01-000-0102 3907 ~HERWooD BLV
12-42-46-24-01-006-01013911 SHERWOOD BLV
12-42-46-24-01-006-0111 3913 SHERWOOD BLV
12-42-46-24-01-006-01123931 SHERWOOD BLV
12-42-46-24-01-oQ&.0122 3935 SHERWOOD BLV
. 12-42-46-24-02-007-0010 3934 SHERWOOD BLV
. 12-42-46-24-02-007-00203930 SHERWOOD BLV
12-42-46-24-02-007-00303926 SHERWOOD BLV
12-42-46-2+02-007-90403918 SHERWOOD .BLV
12-42-46-24-02-007-0050 3910 SHERWOOD BLV .
12-42-46-24-02-007-0060.3906 SHERWOOD BLV
1242-46-24-01-005-0121 3631 SHERWOOD BLV
12-42-46-24-01-005-0131 3711 SHERWOOD BLV
12-42-46-24-01-005-01323721 SHERWOOD BLV
" 12-42-46-24-01-005-0141 3725 SHERWOOD BlY
12-42-46-24-02-008-00103724 SHERWOOD BLV
. 12-42-46-24-02-,008:0020 3720 SHERV'i90pBL\(
12-42-46-24-02-008-00303712 SHERWOOD BLV
. '12-42-46-24-02-008-00403706 SHERWOOD' BLV
. '. 12-42-46-24-02-008-00503630 SHERWOOD BLV
. 12-42-46-24-04-003-0100 3637I.AKEVIEW BLV
12-42-46-24-04-003-0110 3655I.AKEVIEW BLV
12-42-46-24-04-003-0120 3673 I.AKEVIEW BLV
. 12-42-46-24-04-003-0130 3691 I.AKEVIEW BL V
. 12-42-46-24-04-003-01403699 LAKEVIEW SLV
12-42-46-24-04-001-05103620 LAKEVIEW BLV
. 12-42-46-24-04-001-0520 3638 LAKEVlEW BLV
12-42-46-24-Q4-Q01-o530 3656 LAKEVIEW BLV
12-42-46-24-04-001-05403674 LAKEVIEW BLV
12-42-46-24-04-001-0550 3692 LAKEVIEW BLV
12-42-46-24-04-001-0560 3702 LAKEVIEW BLV
Average
R-1MAB
R-1MAB
R-1MAB
R-1AAAB
R-1MAB
R-1AAAB
R-1MAB
R-1AAAB
R-1MAB
R~1MAB
R-1AAAB
R-1MAB
R-1MAB
R-1AAAB
R-1AAAB
R"1AAAB
R-1MAB
R-1MAB.
R-1MAB
R-1MAB
R-1AAAB
R-1AAAB
R-1AAAB
R~1AAAB
R-1AAAB
R-1AAAB
R-1MAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1,AAAB
R-1AAAB
R-1AAAB
R-1AAAB
$285,217
$213,512
$308,395
$250,103
$297,776
$269,372
$201,263
$218,131
$244,553
$335,205
$426,812
$222.406
$326,975
$178,811
$240,509
$320,432
$276,048
$202,546
$341,733
$252,210 .
$204,023
$215,018
$137,374
$206,434
$264,361
$173,731
$170,007
$206,613
$176,704
$289,15"9
$190,923
$140,956
$211,158
. $201,597
$223,821
$337,386
$241,702
Source: Palm Beach County Property Appraiser
$175,619
$141,389
$127,250
$141,389
$141,389
$141,389
$141,389
$141,389
$141,389
$141,389
$141,389
$104,500
$141,389
$141,389
$141,389
$141,389
$175,61.9
$175,619
$175,619
$175,619
$141,389
$141,389
$141.389
$141,389
$141,389'
$141,389
$141,389 .
$141,389
$141,389
$141,389
$162,360
$1~,360
$162,360
$162,360
$162.360
$162.360
$148,221
$460,836 .
$354,901
$435,645
$391,492
$439,165
$410,761
$342,652
$359,520
$385,942
$476,594
$568,201
$326,906
. $468.3P4
$320.200
$381,898
$461,~1 .
$451,l3Q/
$378,165
$517,352
$427,829
$345,412
$35p,40?
. $~i8;763
'$347;8~3 .
$345;750 .
$315,120
$311,396
$348.002
$318;093
$430,548
$353,283
$303,316
$373,518
$3()3,957 .
$386,181
$499.746
$389,923
Appraised Value Comparison
r_ __~__--.-___~__ _~______~_~__~___~_~_~_-.,-.-.,,-~~
, :;-::~~)Jl'e liil&>;;;~ "';jF~.)-;I; _ ~ _ ~ >-- l
1~:: .\'-;r~lr'~-"":,- =- -'}.~ '- ~,c' - if l'?:t djlttr:-y "'f;;1Y-:1/;'tf.1jfV-o-' j
~ _ ~ -~ - -- ~ .!lJ;.lllli2il ~€'l'';l~ _" -'- -, ,~~ r .~-'''', ~ -: -~ 1
Lakeview Subdivision (Lots outside of the .500 foot radius of the subject site)
12-42-46-24-04-001-0190 3135lAKEVIEW DR R-1M $403,986 $162,360 $566,346
12-42-46-24-04-001-0200 3139lAKEVIEW DR R-1M $249,698 $162,360 $412,058
12-42-46-24-04-001-0210 3204lAKEVIEW DR R-1M $209,163 $162,360 $371,523
. . $236,208 $162,360 $398,568
12-42-46-24-04-001-0220 3210 lAKEVIEW DR R-1M
12-42-46-24-04-001-0230 3220 tAKEVIEW DR R-1M $198,864 $162,360 $361,224
12-42-46-24-04-001-0240 3250 LAKEVIEW DR R-1M $234,929 $162,360 $397,289
12-42-46-24-04-001-0250 3264 lAKEVIEW DR R-1M $203,162 $162,360 $365,522
12-42-46-24-04-001-0260 3296 LAKEVIEW DR R-1M $282,832 $162,360 $445,192
2-4246-24-04-001-0270 3300 lAKEVIEW DR R-1M $249,683 $162,360 $412,043
12-42-46-24-04-001-0280 3324lAKEVIEW DR R-1M $233,173 $162,360 $395,533
12-42-46-24-04-001-0290 3352 LAKEVIEW DR R-1M $195,600 $162,360 $357,960
. 12-42-46-24-04-001-0300 33.84lAKEVIEW DR R-1M $207,086 $162,360 $369,446
2-42-46-24-04-001-0310 3398lAKEVIEW DR R-1M $220,606. $162,360 $382,966
12-42-46-24-04-001-0320 3400 lAKEVIEW DR R-1M $245,340 $162,360 $407,700
12-42-46-24-04-001-0330 3408 LAKEVIEW DR R-1M $219,140 $162,360 $381,500
: 12-42-46-24-04-001-03403416 L:AKEVIEW DR R-1M $240.995 $162,360 $403,355
12-42-46-24-04-001-03503426 lAKEVIEW .DR R-1M $209,352 $162,360 $371.712
12-42-46-24::04-001-03603450 lAKEVIEW DR R-1AA $143;207 $162,360 $305,567
.. 12-42-46-24-04-001-03703474 lAKEVIEW DR R-1M $186,769 $162,360 $349,129
. 12-42-46-24-04-001-03803500 lAKEVIEW DR R-1AA $208,658 $162,360 $371,018
. 12-42-46-24-04-001-0390 3514lAKEVIEW DR R-1M $202,381 $162,360 $364,741
. 1.2-42-46-24-04-001-0400 3524lAKEVlEW DR R-1M $210,956' $162,360 $373.316
12-42-46-24-04-001-Q410 3544lAKEVIEW DR R-1M $193,907 $162,360 $356,267
12-42-46-24-04-001-0420 3548lAKEV'IEW OR R-1M $223,909 $162,360 $386,269
12-42-46-24-04-001-0430 3556lAKEVlEW DR R-1M $2J5,762 $162,360 $408,122
Average $226,215 $162,360 $388,575
. Lakeview Ph 2 (Lots outside of the 500 foot radius ofthe subject site)
12-42-46-24-20-000-0010 3005 WEDGEWOOD BL \ R-1M $254,588 $141,389 $395,977
. 12-42-46-24-20-000-0020 3025 WEDGEWOOD Bt \ R-1M $223,987 $162.360 $386,347
12-42-46-24-20-000-0030 3045 WEDGEWOOD BL \ R-1M $254,215 $162,360 . $416,575
. 12-42-46-24-20-000-00403065 WEDGEWOOD BL\ R-1M $287,811 $162,360 $450,171
12-42-46-24-20-000-0050 3075 WEDGEWOOD BL\ R-1M $228,317 $162,360 $390,677
12-42-46-24-20-000-0060 3095 WEDGEWOOD BL\ R-1M $297,050 . $162,360 $459,410
12-42-46-24-26-000-00703115 WEDGEWOOD BL\ R-1M $356,216 $162,360 $518,576
12-42-46-24-20-000-0080 3135 WEDGEWOOD BL\ R-1AA $302,628 $162,360 $464.988
12-42-46-24-20-000-009O 3155 WEDGEWOOD BL\ R-1M $297.100 $162,360 $459,460
12-42-46-24-20-000-0100 3175 WEDGEWOOD BL\ R-1M $426,555 $162,360 $588,915
· 12-42-46-24-20-000-01103195 WEDGEWOODBL\ R-1M $341,122 $162,360 $503,482
12-42-46-24-20-000-0120 3160 WEDGEWOOD BL\ R-1M $324,302 $141,389 $465,691
12-42-46-24-20-000-01303140 WEDGEWOOD BL\ R-1M $223,847 $141.389 $365,236
, 12-42-46-24-20-000-01403120 WEDGEWOOD BL\ R-1M $254,744 $141,389 $396.133
12-42-46-24-20-000-01501380 BOCCI CT R-1M $398,998 $141,389 $540,387
12-42-46-24-20-000-0160 1385 BOCCI CT R-1M $241,434 $141,389 $382,823
12-42-46-24-20-000-01701365 BOCCI CT R-1M $193,942 $141.389 $335.331
12-42-46-24-20-000-01803070 WEDGEWOOD BL\ R-1M $229,294 $141,389 $370,683
Average $285,342 $153,040 $438,381
Source: Palm Beach County Property Appraiser
./.} ,,'.
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c:
"- ~ r V roo IJ \J '( -- .,
C....~ '.' '. '~.~..~. .... t;~ \t
rf~fI44~
~...
.,..,.~ ~........-.'., ,.
W ~ rn~li
,("I,'" ~ I
QUf
.bac.
. e~y t&Vle '. '. .." ..' tesle ces ...... ." ,'.. ',.. ,.. . '. " .,., IeW , " aetla . P oto
is eilcldsedshowingtlie site and our home; For compatibility reasons these Patcels should be
. developed l1ke those in the ShetwoodParkand Lakeview neighborhoods. The C~'
coordinated with the applicant to enSure parcels on the n~~tr:p,~~~"a,r~,~o,t'11pa
we reqilest the same consideration for the eastern boundar)'; .
,....
For the above reasons, please considef~i~;~jjp.,\*~,:~g;ltr21?r~Y'm!J!;,~,.lAAAB,zo~g or
placing minimum lot size conditions ()}yml t5f"the'U>ts"ofl the'eastem1JOundary of the site.
Regards,
~(A.~' ~K. ~
Karen A. Kiselewski & Brian R. Link
Cc: Delray Beach City Clerk (to be made part of the official record)
Delray Beach Planning & Zoning Director (to be made part of the application's file)
* 3674 Lakeview Blvd.
.....- View of site's eastern boundary
:J'
"
,. ;~
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", !o
. __I~.
From: a>hee [cohee@adeJphla.net]
To: Montague, Brenda
Cc:
~)..c:L
c:~. . c0vJL
'.~
(~b~ rrr
1;, ", L
sent: Sun 1213/2006 4:25 PM
Monastery land - lakeYlew/Sherwood Parte
Attachments:
Dear Commissioner Montague,
FIrst, my sincere thanks for the major amount of time and effort you are giving on behalf of our
communityl
The ~ land-developer has chosen to be part of our Lakevie~herwood Park community. MQre
than 10..% of ou'r community Is R -I - AM - B zoning, With the o.nJx exception being a very few of the
homes that abut the golf course. .
T.hevery r"sOn that communities have zoning" IS for sltuatfons such .. thIS. This developer must be
r8qul.1'$I ~ f~lJow our development's I~ng e$tabJlshed R - 1- AAA - 8 %Oning. with perhaPs ~e s.ame .
'leSs than 10%' IOw'erzonlng classification, In the proportion we have, and only for 110mes abuUlngttJe
go11 course.
If .olki,establlshed zoning Is not consistently upheld by a municipality, then its' zoning becomes just a
meanlnfil~ss. useless source of constant negotiation, to the very serious detriment of the entire
communrtYf . . .
Pie.. fully enforce our Iong-established neighborhood's zoning for us, and for the Integrity of Delray'.
whole zOning system. .
There Is ~ compelling reason to do otherwise.
With strong thanks for Cooing there' for usl
. https:l1www2.mydeIraybeach.comlexchangelmontaguelInboxIMonasteryOA.2Oland%20-%2... 121312006
"
.
Jim Cohee
3690 lakeview Drive
https:/lwww2.mydeIraybeach.comlexchange/montague/InbOxlMonastei'yOA20Jand%20-%2... l'lJ3n.006
I-- V~. - ---.
J'~ v cfI'1 ,'--
~~ . .'
From: Jay Alperin, DDS [dljaydds@bellsouth.net] Sent: Mon 12/4/2006 7:50 AM
To: levinson, 30m Perlman, Jeff; Fetzer, Fred; Montague, Brenda; Rita Bis
Cc:
SUbjed: Monestery
Attachments:
~:~~
Dear Commission;
I am unable to attend this Tuesday's Meeting.
t wish to express my supPort for the compromise reached on the Monastery property.
My understanding is that the north block will be zoned R-1-AAA-B with a decoratively maintained pond on the
western half. lots 6 and 7 (SE comer of lakeview Drive) will be R-1-AAA-B with a condition for the depth and
width. And the remaining south side of lakeview Drive (lots 23 and 26) are to be R-1-AA but with a condition
requiring 11,780 square feet each. The remaining southern property wi" be R-1-AA.
.Although this is far from what I feel the zoning should be, it would be an acceptable compromise under the
given conditions.
Sincerely,
Jay Alperin
https:/Iwww2.mydelraybeach.comIexcbangelmontaguellnboxlMonestery.EML?Cmd=open 12/412006
c...~ ~~ .t:~ ~0~~c-
~ ~ ttfliJr 'h.Jc kt.JJ t..
.._. .~_....
From: Kristin [traderj@adeIpht.net} Sent: Mort 12/+12006 12:0+ PM
To: Perlman, Jeff; RIta_Ellis@mydelraybeach.com; Fetzer, Fred; levinson, Jon; Montague, Brenda
Cc:
'SUbject: Monastery rezoning
Attachments:
DearComm~, .
I am a member of the Sherwood Parkllakeview community and I am urging all of you to reject the proposed
rezoning of Christ the King Monastery of St Clare from R-1-AA and support the rezoning to R-1-AAA B.
I moved with my young family to Sherwood Park to enjoy the open community (non-gated), vast property and
friendly atmosphere. By allowing R.-1-AA zoning you are taking away from the heart of what makes Sherwood
Park and Lakeview communities so. appealing for young families, older families, empty nesters, you name it
Every home within the 5QO foot Planning aod Zoning notification area is zoned R-1-AAA-B. Every home along
Sherwood and Lakeview Blvd's is zoned R-1-AAA-B.
The proposed rezoning to R-1-AA will in faot take away the character, charm, size and vaJue of our two open
communities. We are a unique part of Delray Beach. 50% of the homes in Sherwood Pam enjoy a lot size
greater than 12,500sq ft ,Please hetpour communities by protecting us from the proposed rezoning of Christ
the King Monastery to R-1-AA. You will be ~ving us from congestiOn on our streets Which will maintain the
safety to our children and neighbors. You will be preserving a special and unique way of life in Delray Beach.
Thank you. for your time and consideration.
Kristin Gofdburg
***
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IMPORTANT: Do not open attachments from unreco9nized senders
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https:/1www2.mydelraybeach.com/exchange/montague/Inbox/Monastery%20rezoning.EM... 121412006
Nubin, Chevelle
From:
Sent:
To:
Subject:
Jon Levinson Donlev@bellsouth.net]
Monday, December 04, 2006 8:50 AM
Nubin, Chevelle
FW: Monestery
FYI
Jon
-----Original Message-----
From: "Jay Alperin, ODS" <drjaydds@bellsouth.net>
Sent: 12/4/2006 8:41 AM
To: "Jon Levinson" &It;jonlevinson@mydelraybeach.com>;
"Jeff Perlman" &It;mayor@mydelraybeach.com>; "Fred Fetzer"
&It;Fetzer@MyDelrayBeach.com>; "Brenda Montague"
&It;Montague@MyDelrayBeach.com>; "Rita Elis"
&It;RitaElis@MyDelrayBeach.com>
Subject: Monestery
Dear conunission;
I am unable to attend this Tuesday's Meeting.
I wish to express my support for the compromise reached on the Monastery property.
My understanding is that the north block will be zoned R-l-AAA-B with a decoratively
maintained pond on the western half. Lots 6 and 7 (SE corner of Lakeview Drive) will be
R-1-AAA-B with a condition for the depth and width. And the remaining south side of
Lakeview Drive (lots 23 and 26) are to be R-l-AA but with a condition requiring 11,780
square feet each. The remaining southern property will be R-l-AA.
Although this is far from what I feel the zoning should be, it would be an acceptable
compromise under the given conditions.
Sincerely,
Jay Alperin
1
t
Nubin, Chevelle
From:
Sent:
To:
Subject:
Jon Levinson Donlev@bellsouth.net]
Monday, December 04, 2006 6:16 PM
Nubin, Chevelle
FW: Monastery propety
FYI
Jon
-----Original Message-----
From: "Jon Levinson" <jonlev@bellsouth.net>
Sent: 12/4/2006 6:14 PM
To: "cohee" &It;cohee@adelphia.net>
Subject: RE: Monastery propety
Thanks for your email.AsIunderstand it there has been a compromise reached between the
neighborhoods and the developer.
That should be good news for everyone.
Feel free to contact me at any time.
Best,
Jon Levinson, Commissioner
City of Delray Beach
2915 South Federal Hwy. D-2
Delray Beach, FL 33483
561-243-2690 phone'
561-243-9242 fax
561-212-2799 cell
www.MyDelrayBeach.com
www.JonLevinson.com
-----Original Message-----
From: "cohee" <cohee@adelphia.net>
Sent: 12/3/2006 4:25 PM
To: "Jonlevinson@mydelraybeach.com"
&It;Jonlevinson@mydelraybeach.com>
Subject: Monastery propety
1
Dear Commissioner Levinson,
First, my sincere thanks for the major amount of time and effort you are giving on behalf
of our community!
The Monastery land-developer has chosen to be part of our Lakeview/Sherwood Park
community_ More than 90 % of our community is R
- 1 - AAA - B zoning, with the only exception being a very few of the homes that abut the
golf course.
The very reason that communities have zoning, is for situations such as this.
developer must be required to follow our development's long established R - 1
zoning, with perhaps the same 'less than 10%' lower zoning classification, in
proportion we have, and only for homes abutting the golf course.
This
- AAA - B
the
If solid, established zoning is not consistently upheld by a municipality, then its'
zoning becomes just a meaningless, useless source of constant negotiation, to the very
serious detriment of the entire community!
Please fully enforce our long-established neighborhood's zoning for us, and for the
integrity of Delray's whole zoning system.
There is no compelling reason to do otherwise.
with strong thanks for 'being there' for us!
Jim Cohee
3590 Lakeview Drive
2
Nubin, Chevelle
From:
Sent:
To:
Cc:
Subject:
Jon Levinson Oonlev@bellsouth.net]
Monday, December 04, 2006 6:16 PM
'Kristin'
Nubin, Chevelle
RE: Monastery rezoning
Thanks for your email.Aslunderstand it there has been a compromise reached between the
neighborhoods and the developer.
That should be good news for everyone.
Feel free to contact me at any time.
Best,
Jon Levinson, Commissioner
City of Delray Beach
2915 South Federal Hwy. D-2
Delray Beach, FL 33483
561-243-2690 phone
561-243-9242 fax
561-212-2799 cell
www.MyDelrayBeach.com
www.JonLevinson.com
-----Original Message-----
From: "Kristin" <traderj@adelphia.net>
Sent: 12/4/2006 12:39 PM
To: "mayor@myDelrayBeach.com" &It;mayor@myDelrayBeach.com>;
"Rita_Ellis@mydelraybeach.com"
&It;Rita_Ellis@mydelraybeach.com>;
"Fetzer@mydelraybeach.com" &It;Fetzer@mydelraybeach.com>;
"jonlevinson@mydelraybeach.com"
&It;jonlevinson@mydelraybeach.com>;
"montague@mydelraybeach.com"
&It;montague@mydelraybeach.com>
Subject: Monastery rezoning
Dear Commissioners,
I am a member of the Sherwood Park/Lakeview community and I am urging all of you to reject
the proposed rezoning of Christ the King Monastery
of St Clare from R-1-AA and support the rezoning to R-1-AAA-B.
I moved with my young family to Sherwood Park to enjoy the open community (non-gated),
vast property and friendly atmosphere. By allowing R-1-AA zoning you are taking away from
1
the heart of what makes Sherwood Park and Lakeview communities so appealing for young
families, older families, empty nesters, you name it. Every home within the 500 foot
Planning and Zoning notification area is zoned R-l-AAA-B. Every home along Sherwood and
Lakeview Blvd's is zoned R-l-AAA-B.
The proposed rezoning to R-l-AA will in fact take away the character, charm, size and
value of our two open communities. We are a unique part of Delray Beach. 50% of the
homes in Sherwood Park enjoy a lot size greater than 12,500 sq ft. Please help our
communities by protecting us from the proposed rezoning of Christ the King Monastery to
R-1-AA. You will be saving us from congestion on our streets which will maintain the
safety to our children and neighbors. You will be preserving a special and unique way of
life in Delray Beach.
Thank you for your time and consideration, Kristin Goldburg
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders ***
2
Nubin, Chevelle
From:
Sent:
To:
Cc:
Subject:
Jon Levinson fionlev@bellsouth.net]
Monday, December 04, 2006 6:17 PM
'Gail N. Vlasek'
Nubin, Chevelle
RE: Convent Land Rezoning
Thanks for your email.Aslunderstand it there has been a compromise reached between the
neighborhoods and the developer.
That should be good news for everyone.
Feel free to contact me at any time.
Best,
Jon Levinson, Commissioner
City of Delray Beach
.2915 South Federal Hwy. D-2
Delray Beach, FL 33483
561-243-2690 phone
561-243-9242 fax
561-212-2799 cell
www.MyDelrayBeach.com
www.JonLevinson.com
-----Original Message-----
From: "Gail N. Vlasek" <gailnv@adelphia.net>
Sent: 12/4/2006 4:21 PM
To: "gailnv@adelphia.net" &It;gailnv@adelphia.net>
Cc: "Mayor@MyDelrayBeach.com" &It;Mayor@MyDelrayBeach.com>;
"RitaEllis@MyDelrayBeach.com"
&It;RitaEllis@MyDelrayBeach.com>;
"Fetzer@MyDelrayBeach.com" &It;Fetzer@MyDelrayBeach.com>;
"JonLevinson@MyDelrayBeach.com"
&It;JonLevinson@MyDelrayBeach.com>;
"Montaque@MyDelrayBeach.com"
&It;Montaque@MyDelrayBeach.com>
Subject: Convent Land Rezoning
Dear Mayor and Commissioners,
As the owner of V.I.P. Real Estate Brokers, Inc. for 2S years AND as an owner of property
on Sherwood Blvd. where Christ the King Monastery is located, I urge you to vote for
1
rezoning the above referenced property to "R-l-AAA" ONLY (and NOT IR-1-AA").
The reasons behind my thinking are twofold:
1) triple A, the largest sized zoning for residential land, is the most
compatible with this neighborhood to which it will soon belong;
in fact, R-1-AAA is actually SMALLER than most of our parcels, and,
2) the sister neighborhoods of Sherwood Park and Lakeview are one
of ONLY two sections of DelrayBeach with triple A zoning, making it rare, desirable and
profitable for the City through taxes.
I'm sure the developer believes he will make more $ by squeezing in more homes, but by
building "McMansions" on spacious lots, he will MORE than make up for the extra lots he's
looking for with double A zoning... AND the city will create a wider tax base for itself
with larger, more expensive homes. The McMansions are already appearing in Sherwood Park
- check your building permits for new homes here over the last few years!
Thank you very much for your consideration of the above matters.
I'll see you Tuesday evening,
Gail N. Vlasek
3235 Sherwood Blvd.
Delray Beach, FL 33445
561. 638 .1611
2
Nubin. Chevelle
From:
Sent:
To:
Cc:
Subject:
Jon Levinson Donlev@bellsouth.net]
Monday, November 27,200610:02 AM
mecohn@bellsouth.net
Nubin, Chevelle
RE: Monastery Property
Thanks for your email. I am copying our City Clerk so it can be included in the official
record.
As you are aware the Nuns ~ill be selling the land to someone.
I have mentioned to the leadership of your Association that I would be careful I didn't
win the battle and loose the war.
Thanks for your input !
Best,
Jon Levinson, Commissioner
City of Delray Beach
2915 South Federal Hwy. D-2
Delray Beach, FL 33483
561-243-2690 phone
561-243-9242 fax
561-212-2799 cell
www.MyDelrayBeach.com
www.JonLevinson.com
-----Original Message-----
From: "mecohn@bellsouth.net" <mecohn@bellsouth.net>
Sent: 11/27/2006 8:00 AM
To: "Jonlev@bellsouth.net" &It;Jonlev@bellsouth.net>
Subject: Monastery Property
Good Morning -
Thank you for returning my phone call of early last week and leaving a message. with the
Thanksgiving weekend, I did not get a chance to contact you again.
I had called regarding the development of the Christ the King Monastery property. I had
also sent an e-mail to you at the My Delray address.
1
I, like many others here in Lakeview, am concerned about the increased traffic flow that
the proposed new houses will generate. The current egress/ingress proposal includes,
happily, an access road from the new cluster of homes to Sherwood Boulevard. This would
lessen the traffic on Lakeview Boulevard. However, for some reason, this is a two way
qccess road for only a short space; then it becomes a one way street.
It would be good if it would remain a two way street inside the cluster of homes;
otherwise, it will probably receive minimal use. The best solution to the traffic issue
seems to be insisting that a new cluster of homes have direct access to Military Trail.
We'll see what happens, but, in all likelihood, the character of the Lakeview neighborhood
will change. This is unfortunate, since it has been an unusual neighborhood: although
ungated, it is quiet, with safe streets for the substantial number of children who live
and play here.
Thank you for your consideration of this matter.
Meg Cohn
3450 Lakeview Boulevard
637-7970
2
'Nubin, Chevelle
From:
Sent:
To:
Subject:
Jon Levinson Oonlev@bellsouth.net]
Wednesday, November 22, 2006 8:04 AM
Nubin, Chevelle
FW: Christ The King Monastary, Re-Zoning Request
FYI
Jon
-----Original Message-----
From: "Dan Carter" <dhclainc@bellsouth.net>
Sent: 11/21/2006 3:36 PM
To: "jonlev@bellsouth.net" &It;jonlev@bellsouth.net>
Subject: Re: Christ The King Monastary, Re-Zoning Request
John,
Thank you for your reply.
I,m sure our neighborhoods will be at the next meeting in full force.
Dan Carter
HAPPY THANKSGIVING!
Original Message
From: "Jon Levinson" <jonlev@bellsouth.net>
To: "'Dan Carter'" <dhclainc@bellsouth.net>
Sent: Monday, November 20,2006 6:18 PM
Subject: RE: Christ The King Monastary, Re-Zoning Request
> Thanks for your comments. As you are aware, tomorrow night is simply
> a first reading and no public testimony will be heard. That will be
> done at the second reading and public hearing (quasi judicial) at the
> next meeting.
>
> Please be sure to let your neighbors know as I wouldn't want them to
> be upset when they arrive tomorrow night thinking they can speak.
> Tell
> them to come prepared at the next meeting.
>
>
> Best,
>
>
>
> Jon Levinson, Commissioner
>
> City of Delray Beach
>
> 2915 South Federal Hwy. D-2
>
> Delray Beach, FL 33483
>
> 561-243-2690 phone
>
> 561-243-9242 fax
>
> 561-212-2799 cell
>
1
> www.MyDelray~each.com
>
> www.JonLevinson.com
>
>
>
>
>
> -----Original Message-----
> From: "Dan Carter" <dhclainc@bellsouth.net>
> Sent: 11/20/2006 4:13 PM
> To: "iMayor@MyDelrayBeach.com"i
<iMayor@MyDelrayBeach.com>ii
> "iRitaEllis@MyDelrayBeach.com"i
> <iRitaEllis@MyDelrayBeach.com>ii
> "iFetzer@MyDelrayBeach.com"i <iFetzer@MyDelrayBeach.com>ii
> "iJonlevinson@MyDelrayBeach.com"i
> <iJonlevinson@MyDelrayBeach.com>ii
> "iMontague@MyDelrayBeach.com"i
> <iMontague@MyDelrayBeach.com>
> Subject: Christ The King Monastary, Re-Zoning Request
>
>
>
>
> Dear Mayor & Commissioners,
>
> As a member of the Lakeview/Sherwood Park Community I have serious
> concerns with the proposed re-zoning of the site to R-1-AA. .
> At the first P&Z meeting the board unanimously advised the developer
to
> work-out the differences with the two (2) homeowners associations. The
> developer attended one meeting with our group, and did not show-up for
> the second meeting.
> At the second P & Z meeting the board, once again, unanimously voted
to
> deny the re-zoning request. Their decision was based on the
> "incompatability" of the R-1-AA zoning with the adjacent properties,
and
> neighborhoods. Furthermore, the board also stongly recommended that
> access for this parcel be from Military Trail, not from Lakeview Blvd
as
> proposed, or Sherwood Blvd. The board felt that the increase in
traffic
> on these secondary roads would be greatly increased, and be a
detriment
> to the existing neighborhoods.
>
> It is our (Lakeview & Sherwood Park HOA.) position that the proposed
> re-zoning would be incomaptible with the surrounding neighborhood. The
> majority of these neighborhoods are zoned R-1-AAA-B. This is a unique
> zoning clasification in our City. We would like to preserve the
> character & integrity of our neighborhood.
>
> I believe there are over three hundred (300) signed petitions, from
the
> members of our neighborhoods, requesting that the City deny this
> re-zoning request.
>
> By denying the re-zoning request of R-1AA, you the Commission, would
be
> protecting the existing neighborhoods from an "incompatible" zoning
> classification.
>
> Unfortunately I do not believe I will be able to attend tonight's
> meeting, due to prevoius Thanksgiving commitments.
>
2
> Respectfully,
>
> Dan Carter
> 3204 Lakeview Dr.
> Delray Beach, Fl.
> (H)561.637.8542
> (Off.) 561.272.9621
>
>
>
>
> No virus found in this incoming message.
> Checked by AVG Free Edition.
> Version: 7.5.430 / virus Database: 268.14.11/543 - Release Date:
> 11/20/2006 9:20 PM
>
>
3
.:,'
. Nubln, Chevelle
From:
Sent:
To:
Subject:
Jon Levinson Oonlev@bellsouth.net]
Monday, November 20, 2006 4:17 PM
Nubin, Chevelle
FW:
FYI
Jon
-----Original Message-----
From: "Dan Carter" <dhclainc@bellsouth.net>
Sent: 11/20/2006 4:10 PM
To: "Mayor@MyDelrayBeach.com" &It;Mayor@MyDelrayBeach.com>
Cc: "RitaEllis@MyDelrayBeach.com"
&It;RitaEllis@MyDelrayBeach.com>;
"Fetzer@MyDelrayBeach.com" &It;Fetzer@MyDelrayBeach.com>;
"Jonlevinson@MyDelrayBeach.com"
&It;Jonlevinson@MyDelrayBeach.com>;
"Montague@MyDelrayBeach.com"
&It;Montague@MyDelrayBeach.com>i
Subject:
Dear Mayor & Commissioners,
As a member of the LakeviewjSherwood Park Community I have serious concerns with the
proposed re-zoning of the site to R-1-AA.
At the first P&Z meeting the board unanimously advised the developer to work-out the
differences with the two (2) homeowners associations. The developer attended one meeting
with our group, and did not show-up for the second meeting.
At the second P & Z meeting the board, once again, unanimously voted to deny the re-zoning
request. Their decision was based on the "incompatability" of the R-l-AA zoning with the
adjacent properties, and neighborhoods. Furthermore, the board also stongly recommended
that access for this parcel be from Military Trail, not from Lakeview Blvd as proposed, or
Sherwood Blvd. The board felt that the increase in traffic on these secondary roads would
be greatly increased, and be a detriment
to the existing neighborhoods.
It is our (Lakeview & Sherwood Park HOA.) position that the proposed re-zoning would be
incomaptible with the surrounding neighborhood. The majority of these neighborhoods are
zoned R-1-AAA-B. This is a unique zoning clasification in our City. We would like to
preserve the
character & integrity of our neighborhood.
I believe there are over three hundred (300) signed petitions, from the members of our
neighborhoods, requesting that the City deny this re-zoning request.
By denying the re-zoning request of R-1AA, you the Commission, would be protecting the
existing neighborhoods from an "incompatible" zoning classification.
Unfortunately I do not believe I will be able to attend tonight's meeting, due to prevoius
Thanksgiving commitments.
Respectfully,
Dan Carter
3204 Lakeview Dr.
Delray Beach, Fl.
(H)561.637.8542
1
(Off.) 561.272.9621
2
.
Nubin, Chevelle
From:
Sent:
To:
Cc:
Subject:
Jon Levinson Donlev@bellsouth.net]
Sunday, November 19, 20061:56 PM
ctartes@earthlink.net
Nubin, Chevelle
RE: Monastery
Thanks for your email.This will be discussed at the public hearing. I am forwarding a
copy of your email to our City Clerk for inclusion in the public record.
Best,
Jon Levinson, Commissioner
City of Delray Beach
2915 South Federal Hwy. D-2
Delray Beach, FL 33483
561-243-2690 phone
561-243-9242 fax
561-212-2799 cell
www.MyDelrayBeach.com
www.JonLevinson.com
-----Original Message-----
From: "Carol Artes" <ctartes@earthlink.net>
Sent: 11/18/2006 7:19 PM
To: "iMayor@MyDelrayBeach.com"i &It;Mayor@MyDelrayBeach.com>
Cc: "iRitaEllis@MyDelrayBeach.com"i
<iRitaEllis@MyDelrayBeach.com>ii
"iFetzer@MyDelrayBeach.com"i <iFetzer@MyDelrayBeach.com>ii
"iJonlevinson@mydelraybeach.com"
<iJonlevinson@mydelraybeach.com>ii
"iMontague@MyDelrayBeach.com"i
&It;Montague@MyDelrayBeach.com>i
Subject: Monastery
November 18, 2006
To: the Mayor and City Commissioners of the City of Delray Beach
Re: Rezoning of Christ the King Monastery of St. Clare
As a registered voter in the City of Delray Beach and a resident of Sherwood Park, I am
1
writing to you to respectfully request that the City
unanimous decision of the Delray Planning and zoning
of the above site to
R-1-AA and support rezoning the site to
Commission members follow the
Board and deny the proposed rezoning
R-1-AAA-B.
The Lakeview/Sherwood Park Community is one of the few established neighborhoods in the
City of Delray Beach that offers large lot size, mature and abundant landscaping and a
superb quality of life for the children and adults living in the community. The proposed
development is not a separate enclave but an extension of our community and should be
zoned in accordance to protect our wide lots and low density.
I believe that R-1-AAA-B to be the most appropriate zoning for the development because:
*The new traffic generated by this community (approximately additional 60 vehicles)
will greatly increase traffic along Lakeview Blvd since the main entrance/exit
will be on Lakeview Blvd. Lakeview Blvd. is not a through street and all traffic
must eventually exit onto Sherwood Blvd. The current site-plan, therefore, proposes
it to be an extension of our community.
*Every home within the 500 foot Planning and Zoning notification area is zoned R-1-
AAA-B.
* Every home along Sherwood and LakeviewBlvd. is zoned R-l-AAA-B.
*50' of the homes in Sherwood Park have a lot size greater than the 12,5000 sq. ft.
required with R-1-AAA-B zoning.
*Many of the existing homes on smaller lots are facing the golf course.
*The traffic associated with the Monastery operating in smaller quarters will not
change. However, the high density of homes in the proposed development will
significantly increase traffic and affect safety.
By supporting rezoning to the site to R-l-AAA-B you will be protecting one of only two
communities in Delray Beach that are R-l-AAA-B. As one of the gemstones in the crown of
Delray Beach, it is important that the character, integrity and open spaces of this
community be maintained.
I thank you for you efforts on behalf of Our Communities.
Sincerely,
Carol Ann Artes
Carol Artes
ctartes@earthlink.net
Why Wait? Move to EarthLink.
2
~
Nubin, .Chevelle
.From:
Sent:
To:
Subject:
Jon Levinson Uonlev@bellsouth.net]
Thursday, November 16,20062:49 PM
Nubin, Chevelle
FW: Upcoming Monastery Zoning Decision
Attachments:
10_16_06_notes.pdf
11
10_16_06_notes.p
df (49 KB)
For your files
Jon
-----Original Message-----
From: ucher columbus" <cher@newcanvas.com>
Sent: 11/14/2006 11:20 PM
To: "jonlevinson@mydelraybeach.com"i
<ijonlevinson@mydelraybeach.com>i
Cc: "iMayor@mydelraybeach.com"i <iMayor@mydelraybeach.com>ii
"iRitaEllis@mydelraybeach.com"i
<iRitaEllis@mydelraybeach.com>ii
"iFetzer@mydelraybeach.com"i &It;Fetzer@mydelraybeach.com>i;
"Montague@mydelraybeach.com"
<iMontague@mydelraybeach.com>i
Subject: Upcoming Monastery Zoning Decision
Dear Mr. Levinson,
Thank you for returning my call today. I'm sorry that I wasn't available to answer, but
appreciate your suggestion of sending an email.
Since I wasn't sure exactly how to relay my thoughts via email, I thought it best to
attach a copy of the note I read during the last P&Z meeting. I am extremely nervous
about public speaking, so I typed up some notes to read and had it saved on my computer.
Please read the attached.
Since that meeting, we've heard that Mr. Guidice has hired a well-known attorney in the
area. Many members of our community are worried that a grassroots community effort
doesn't stand a chance against a powerful real estate attorney. I am confident you will
prove this is not the case.
Residents of Lakeview and Sherwood Park have met numerous times in order to arrive at a
compromise that will be both profitable for the developer as well as fit the neighborhood
that our homeowners have built over the past thirty years. Our homeowners have signed
petitions, have shown up for standing room only P&Z meetings, have spoken, have been
reasonable, and have compromised. The Zoning Board has recognized these efforts, agrees
with our need for more compromise and voted twice to reject Mr.
Guidice's proposals.
It is my understanding that Mr. Guidice has not made any changes to the proposal that was
denied by P&Z. And given that none of the facts have changed (except that Mr. Guidice has
hired an attorney) I don't even understand why he's being allowed to present this proposal
again. I trust that you and your fellow commissioners will support the findings of the
P&Z Board and the compromise of split zoning that has the majority support of the Lakeview
and Sherwood Park residents.
1
Thank you for your time and consideration of this matter.
Sincerely,
Cher Columbus
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders
2
***
Read to Planning & Zoning Committee during Oct. 16 meeting by Chef Columbus:
First, I'd like to thank you for the last meeting where you recognized that we live in a unique community.
Now, based on your recommendation, we had a meeting withJess and Ray Guidice on September 5.
They presented us with an R-I-A plan. We asked them to come back with something compatible with our
existing zoning.
We had a second meeting on Tuesday; Sept. 26 where they presented the R-l-AA plan in front of you today.
At this meeting we explained that R-l-AA is also not compatible with our existing zoning. They claimed
they just couldn't make the deal work with R-l-AAAB, at which point we suggested they explore a split
zoning plan. They agreed, and were supposed to furnish us a revised plan by Friday, Sept. 29 so that we could
present to the community on Sunday; Oct. 1, for their feedback and hopefully support so they could meet
their Oct. 10th notice requirement. We also agreed to meet the following Tuesday, October 3, to share the
community's feedback with them.
On Friday, Sept. 29, we were informed there would be no revised plan, so we presented their R-I-AA 'plan
at Sunday's community meeting.
Over half a dozen members of our community showed up at the monastery for the October
3rd meeting, but no one from the other side ever showed-up. This was disappointing, to say the
least. The community came up with some ideas but were never able to present them to Jess and Ray for
their feedback.
. The community is split. Many still believe the entire pared should be zoned R-l-AAAB. Some are open
to a split zoning between R-l-AAAB and R-l-AA. None are in support of the currently proposed
R-l-AA plan.
Our suggestion, if you would please indulge, is that ALL lots on both sides of Lakeview Blvd be zoned
R-l-AAAB.
They are essentially proposing to extend Lakeview Blvd.* Lakeview Blvd is currently all
R-l-AAAB from beginning to end, and should it continue to the west, it is our belief that it
is not unreasonable for all the lot sizes to be consistent with and identical to the existing lots
along the street.
This solution also provides a single, dean zoning line that should be easy to implement. If you look at the
map, this essentially translates to extending the existing lot line from the existing house on the SW corner
of Lakeview Blvd straight up, or West, to the nun's facility, making lots 9,32,27,8,7,6,5, and 4 zoned R-
l-AAAB.
* One of the key points that Mark Krall made after hearing arguments from both sides is that b<<ause there
is virtually no chance of easement to Military Trail, this parcel cannot be considered a separate enclave.
Therefore it's equivalent to a third phase addition to our existing community. This is the same point I was
trying to make by explaining that they are going to extend LAkeview Blvd and why the zoning should be
identical to the zoning that already exists along the entire length of Lakeview Blvd.
Nubin, Chevelle
,from:
Sent:
To:
Cc:
Subject:
Jon Levinson Oonlev@bellsouth.net]
Friday, November 10. 2006 2:51 PM
'Usa Shaheen'
Nubin, Chevelle
RE: Rezoning of Chirst the King Monastary of St. Clare
First thanks for "weigh-ing in" and for your service on our City Board.
I have met with the elected neighborhood leaders and the developers architect and staff.
Much progress has been made from the original presentation.
since this will be quasi judicial I will need to consider information presented at the
hearing. I will submit your email as a part of the official record and have copied our
City Clerk for that purpose.
Thanks again for your thoughts.
Best,
Jon Levinson, Commissioner
City of Delray Beach
2915 South Federal Hwy. D-2
Delray Beach, FL 33483
561-243-2690 phone
561-243-9242 fax
561-212-2799 cell
www.MyDelrayBeach.com
www.JonLevinson.com
-----Original Message-----
From: "Lisa Shaheen" <lshaheen@gate.net>
Sent: 11/9/2006 8:35 PM
To: "Jonlevinson@mydelraybeach.com"
&It;Jonlevinson@mydelraybeach.com>
Subject: Rezoning of Chirst the King Monastary of St. Clare
Lisa Shaheen
3415 Lakeview Blvd.
Delray Beach, FL 33445
November 9, 2006
City Commissioners
1
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Subject: Rezoning of .Christ the King Monastery of St. Clare"
Dear Commissioner Levinson,
I have been a resident and active member of the Lakeview/Sherwood Park Community for the
past six years and I believe it is one of the most charming neighborhoods in the area.
Having said that, I respectfully request that the City Commission deny the proposed
rezoning of the above site to R~l-AA and support rezoning the site to R-l-AAA-B.
In order to preserve the uniqueness of our neighborhood the R-l-AAA-B zoning would be
consistent to what already exists here. The proposed site-plan confirms that this new
development would not be separate from our neighborhood, but rather an extension of it. It
will enter and exit directly onto Lakeview Blvd and or Sherwood Blvd. and will not be
gated.
It is inconsistent that a proposal for R-l-AA would be approved since every home along
Sherwood & Lakeview Blvd's is zoned R-l-AAA-B and every home within the 500 foot Planning
& Zoning notification area is also zoned R-l-AAA-B.
We purchased our home because it had a larger lot and more green space.
Given the choice, I believe that more people would buy homes in this area because they are
getting more land and have some space between themselves and their neighbors.
The traffic pattern that has been proposed also affects me directly since all traffic will
be flowing out onto Lakeview Blvd. and I have some serious concerns about safety for my
two children and the 18 other toddlers who live on this street.
Finally, I do not feel that the developer has negotiated with us in good faith. Nor has he
eXplored every avenue to gain access to Military Trail. This community is united in its
mission to protecting its integrity, being one of only two communities in Delray that are
R-l-AAA-B zoned.
Please picture yourself living in our neighborhood, and then consider our request to
rezone to R-l-AAA-B. We appreciate all of your efforts on behalf of our two communities.
Sincerely,
Lisa Shaheen
cc: J. Perlman, F.Fetzer, R. Ellis, B. Montague
2
Nubin, Chevelle
'From:
Sent:
To:
Subject:
Jon Levinson Oonlev@bellsouth.net]
Monday, November 13, 2006 4:58 PM
Nubin, Chevelle
FW: [Fwd: MONASTERY]
For your files.
Jon
-----Original Message-----
From: "calory52@bellsouth.net" <calory52@bellsouth.net>
Sent: 11/13/2006 9:42 AM
To: "Mayor@MyDelrayBeach.com" &It;Mayor@MyDelrayBeach.com>
Cc: "Fetzer@Mydelraybeach.com"
&It;Fetzer@Mydelraybeach.com>
Subject: [Fwd: MONASTERY)
>
> From: <calory52@bellsouth.net>
> Date: 2006/11/11 Sat AM 11:52:28 EST
> To: <SDHAYMAIL@ATT.NET>
> CC: <Montague@MyDelrayBeach.com>
> Subject: MONASTERY
>
> IMPORTANT - This is About Getting R-1-AAA-B Zoning
>
> City Commissioners
> City of Delray Beach, Florida 33444
>
> Subject: Rezoning of "Christ the King Monastery of St. Clare"
>
> Dear Commissioner Montague,
>
> As a resident of the Lakeview/Sherwood Park Community, I respectfully
request that the City Commission members deny the proposed rezoning of the above site to
R-1-AA and support rezoning the site to R-1-AAA-B.
>
> R-1-AAA-B should be the only consideration for the proposed
development based on the following:
>
> * The development proposed is not a separate tract of land bounded or
gated within its own commonality. It is not a separate entity from the Sherwood Park
Community.
>
> * The way the site-plan has been submitted proposes to be an extension
of our community. The new development would be exiting/entering directly onto Lakeview
Boulevard.
>
> * Lakeview Blvd is not a main road; it becomes a loop feeding into
Lakeview Drive. All traffic exiting the community must eventually exit onto Sherwood Blvd.
in our community.
>
> * The new traffic generated from this proposed development will
greatly increase
> The traffic along Lakeview Blvd since the main entrance/exit will be
1
on Lakeview Blvd.
>
> * Every home within the 500 foot Planning & Zoning notification area
is zoned
> R-l-AAA-B.
>
> * Every home along Sherwood & Lakeview Blvd's is zoned R-l-AAA-B.
>
> * By applying this zoning you will protect our community in Delray
that is
> R-l-AAA-B, maintain the size, character and integrity of our
Community. Most importantly, the open space, peace & calm that makes this neighborhood so
special. All the reasons why we moved to this community within the City of Delray Beach 20
years ago and are hoping to preserve this quality of life.
>
> We appreciate all of your efforts on behalf of our Community.
>
> Sincerely,
>
> Claudette R. Pantano
> Raymond L. Pantano
>
>
2
...
Nubin, Chevelle
From:
Sent:
To:
Cc:
Subject:
Jon Levinson Oonlev@bellsouth.net]
Tuesday, December 05, 2006 11 :48 AM
ctartes@earthlink.net
Nubin, Chevelle
RE: Rezoning of Christ fthe King Monastery of St. Clare
Thanks for your email.AsIunderstand it there has been a compromise reached between the
neighborhoods and the developer.
That should be good news for everyone.
Feel free to contact me at any time.
Best,
Jon Levinson, Commissioner
City of Delray Beach
2915 South Federal Hwy. D-2
Delray Beach, FL 33483
561-243-2690 phone
561-243-9242 fax
561-212-2799 cell
www.MyDelrayBeach.com
www.JonLevinson.com
-----Original Message-----
From: "Carol Artes" <ctartes@earthlink.net>
Sent: 12/5/2006 8:32 AM
To: "iMayor@MyDelrayBeach.com"i <iMayor@MyDelrayBeach.com>i
Cc: "iRitaEllis@MyDelrayBeach.com"i
<iRitaEllis@MyDelrayBeach.com>ii
"iFetzer@MyDelrayBeach.com"i <iFetzer@MyDelrayBeach.com>ii
"iJonlevinson@mydelraybeach.com"i
<iJonlevinson@mydelraybeach.com>ii
"iMontague@MyDelrayBeach.com"i
<iMontague@MyDelrayBeach.com>i
Subject: Rezoning of Christ fthe King Monastery of St. Clare
Dear Mayor Perlman and Commissioners:
I am writing again to respectfully request that you support rezoning the
above site to R-1-AAA-B. The P and Z Board of Delray Beach unanimously
ruled against the developer in his proposal to rezone the entire parcel to R-1-AA.
previous email, I outlined the reasons why I feel R-1-AAA-B is the most appropriate
1
In a
zoning
As a member of the Lakeview/Sherwood Park Community, a long-time resident of Delray Beach,
and a registered voter, I hope you will support the existing citizens of Delray Beach.
Please help us to keep our community safe from excessive traffic and maintain the open
spaces, quality of life, character, and integrity of our neighborhood.
Thank you in advance for listening to your constituents and representing our needs.
CarolAnn Artes
Carol Artes
ctartes@earthlink.net
Why Wait? Move to EarthLink.
2
Nubin, Chevelle
From:
Sent:
To:
Subject:
Jon Levinson Donlev@bellsouth.net]
Monday, November 13, 2006 4:58 PM
Nubin, Chevelle
FW: Rezoning, Christ the King Monastry of St. Clare
For your files
Jon
-----Original Message-----
From: "PhyllisEskeW@aol.com" <PhyllisEskew@aol.com>
Sent: 11/12/2006 7:08 PM
To: "Mayor@MyDelrayBeach.com" &It;Mayor@MyDelrayBeach.com>
Subject: Rezoning, Christ the King Monastry of St. Clare
November 10, 2006
Jeff Perlman, Mayor
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Subject: Rezoning of a€reChrist the King Monastery of St. Clarea€D
Dear Mayor Perlman,
As a member of the Lakeview/Sherwood Park Community, I respectfully request
tht the City Commission members deny the proposed rezoning of the above site to R-1-AA and
support rezoning the site to R-1-AAA-B.
The plans outlined do not meet our current size and standards of the Lakeview Blvd. Area.
My house sits on .6/10 of an acre (more than AM acre)a€1 They think that several houses
can be put on this same size lot. All the homes in this 500 foot Planning and zoning
notification area is R-1-AAA-B. Half of the homes in Sherwood Park enjoy a lot size that
is greater than the 12,500 sq. ft. required with R-1-AAA-B zoning.
Traffic will be increased quiet a bit, and since Lakeview Blvd. is not a main through-
fare, the road is not designed for more than is currently using the road.
I am concerned for safety as well as property values. We want to keep our community
standards which we work deligently to maintain.
In appreciation of your efforts in our behalf.
Sincerely,
Phyllis Eskew
3264 Lakeview Blvd.
Delray Beach, FL 33445
561-637-2738 / cell 561-251-7020
email: phylliseskew@aol.com
1
Linda Loch
3702 Lakeview Blvd.,
Delray Beach, Florida 33445
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December 8, 2006
City ofDelray Beach
City Commissioners -
100NW 1 ST. Avenue,
Delray Beach, Florida 33444
SUBJ: Monastery Zoning Decision
To whom it may concern;
It has been brought to our attention, that at you last meeting, you have decided to allow
secondary access to the St. Clair Monastery property through Lake View Boulevard,
directly adjacent to the above address property line. This decision was in lieu of an entry
directly off of Military Trail.
Thi~.,4ecision is unacceptable to me and all of the residents of Lakeview Boulevard. This
':e.Qtry wo~d cause an unnecessary increase in t:ratlie.to.a now quite and safe
neighborhood, where children safely reside. This wow<.J.:1U,;)t"eyen be all.issue if aqcess to
the aforementioned property were made directly off ofMili~ Trail.
The residents of Lakeview Boulevard see no reason for this unsafcikcb~~p in our day ta
day lives:\vb.en thereis"ariobviousaltetnative to this problem.-
We amdously await a reply in this ~er.
Yours Truly,
~ :)l~, ~: .
... f'
..... ..
;r 1
Linda wch"
Re~ident .
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PLANNING & ZONING
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, ;
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # 10.13 - REGULAR MEETING OF JANUARY 16, 2007
ORDINANCE NO. 83-06
TO:
FROM:
DATE:
JANUARY 12,2007
This ordinance is before Commission for second reading and quasijudiciaJ hearing for a Future Land
Use Map amendment (small-scale) from TRN (Transitional) to GC (General Commercial) and
rezoning from NC (Neighborhood Commercial) to GC (General Commercial) for three (3) parcels,
totaling 0.843 acres, located at 2703, 2709 & 2715 South Federal Highway.
At the first reading on January 2, 2007, the Commission passed Ordinance No. 83-06.
Recommend approval of Ordinance No. 83-06 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 83-06 Rezoning at 2703 2709 2715 So Federal Hwy 01.l6,07,doc
Dt,
W1
FROM:
DAVP~D
PA~ DORLlNG, AI
c:/-~..r- ~
CANDI JEFFERSOI
DIRECTOR OF PLANNING AND ZONING
TO:
THRU:
ENIOR PLANNER
SUBJECT: MEETING OF JANUARY 2, 2007
FUTURE LAND USE MAP AMENDMENT FROM TRANSITIONAL (TRNl TO
GENERAL COMMERCIAL (GCl AND REZONING FROM NEIGHBORHOOD
COMMERCIAL (NCl TO GENERAL COMMERCIAL (GCl FOR THREE ADJACENT
PARCELS TOTALLING APPROXIMATELY 0.843 ACRES LOCATED AT 2703. 2709
AND 2715 SOUTH FEDERAL HIGHWAY
The action requested of the City Commission is approval of a Future Land Use Map amendment
from TRN (Transitional) to GC (General Commercial) and a zoning change from NC (Neighborhood
Commercial) to GC (General Commercial) for three individual and contiguous properties.
The subject properties are located in Del Raton Park subdivision and are recorded in Palm Beach
County Plat Book 14 on pages 9 and 10. The three lots total 0.843 acres or 36,721 square feet.
Currently these properties contain a pawn shop, tobacco shop and a sign shop owned by NPC
Holdings LLC.
All three of the subject properties front on South Federal Highway, which is a major thoroughfare
serving the City of Delray Beach. Although there are some residential uses east of these properties,
they are bordered on the north, south and west sides by commercial uses predominantly dominated
by auto related uses. The proposed changes seek to apply a land use and zoning designation which
is more consistent with the prevailing commercial uses. Additional background and an analysis of the
request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of December 18, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the request. There was no public testimony in support of, or opposition to the
proposal. After reviewing the staff report and discussing the proposal, the Board voted 6-0 to
recommend to the City Commission approval of the rezoning and Future Land Use Amendment, by
adopting the findings of fact and law contained in the staff report, and a finding that the request is
consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and
2.4.5(D)(5) of the Land Development Regulations.
Move approval of the Future Land Use Map amendment from TRN (Transitional) to GC (General
Commercial) and rezoning from NC (Neighborhood Commercial) to GC (General Commercial), by
adopting the findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan and meets the criteria set forth in Sections 3.1.1, 3.2.2, and
2.4.5(D)(5) of the Land Development Regulations, with second reading to occur at a public hearing on
January 16, 2006.
Attachment: Proposed Ordinance and Planning & Zoning Board Staff Report of December 18, 2006 11
/2.n
ORDINANCE NO. 83-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM TRN (TRANSITIONAL); TO GC (GENERAL
COMMERCIAL) ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE
PLAN AMENDMENTS; AND REZONING AND PLACING LAND
PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) TO
GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A
PARCEL OF LAND LOCATED ON THE EAST SIDE OF SOUTH
FEDERAL HIGHWAY, BETWEEN AVENUE "G" AND LA-MAT
AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA,
MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, NPC Holdings LLC, is the fee simple owner of a 0.843 acre parcel of land
located on the east side of South Federal Highway, between Avenue "G" and La-Mat Avenue; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation ofTRN (Transitional); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from TRN (Transitional) to GC (General Commercial); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned NC (Neighborhood Commercial)
District; and
WHEREAS, at its meeting of December 18, 2006, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Future Land Use Map designation of the subject property is hereby
officially affixed as GC (General Commercial).
Section 3. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of GC (General Commercial) District for
the following described property:
Lots 1 through 11 inclusive, the West half of Lot 12, Lots 25 through 27, all in Block 25,
together with that 10 foot alley lying between Lots 1 through 9 and Lots 10 and 27, Block 25, Del-
Raton Park, according to the Plat thereof, as recorded in Plat Book 14, Pages 9 and 10 of the Public
Records of Palm Beach County, Florida, less and except therefrom the West 38 feet of said Lots 1
through 9, Block 25.
Section 5. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 4 hereof.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
2
ORD NO. 83-06
Section 8. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard
Oaks Boulevard, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the_
day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD NO. 83-06
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
December 18, 2006
IV. A.
Future Land Use Map amendment (small-scale) from TRN (Transitional) to GC
(General Commercial) and rezoning from NC (Neighborhood Commercial) to GC
(General Commercial) for three parcels located at 2703, 2709 & 2715 South Federal
Highway.
GENERAL DATA:
Owner/Applicant.......................... NPC Holdings LLC
110
II'
LA-MAT AVENUE
Agent.... ........... ........ ...... ............ Michael Carbone
Location...................................... On the east side of Federal Highway
between Avenue G and La-Mat Avenue
Property Size.............................. 0.843 acres
Existing FLUM........................... TRN (Transitional)
Proposed FLUM......................... GC (General Commercial) '!ENUE
East: MD (Medium Density Residential)
.....
<('
f}j
o
I:!
Adjacent FLUM.................North: GC (General Commercial)
South: GC (General Commercial)
West: GC (General Commercial)
Current Zoning............................ NC (Neighborhood Commercial)
Proposed Zoning........................ GC (General Commercial)
Adjacent Zoning................North: SAD (Special Activities District)
East: RM (Multiple Family Residential)
South: PC (Planned Commercial)
West: AC (Automotive Commercial)
Existing Land Use...................... Sign Shop, Tobacco Shop, Pawn Shop
Water................................... Existing on site
Sewer.. .. .. . . .. . '" . . .. .. . .. . .. . . .. . .... Existing on site
IV.A
The item before the Board is that of making a recommendation to the City Commission on a
proposed zoning change from NC (Neighborhood Commercial) to GC (General Commercial) and a
proposed Future Land Use Map Amendment from TRN (Transitional) to GC (General Commercial)
for three individual and contiguous properties.
All three of the subject properties front on South Federal Highway, which is a major thoroughfare
serving the City of Delray Beach. Although there is some residential uses east of these properties, it
is bordered on the north, south and west sides by commercial uses predominantly dominated by auto
related uses, The proposed changes seek to apply a land use and zoning designation which is more
consistent with the prevailing commercial uses.
The subject properties are located in Del Raton Park subdivision and are recorded in Palm Beach
County Plat Book 14 on pages 9 and 10. The three lots total are approximately 0.843 acres or
36,721 square feet.
The property at 2703 South Federal Highway was developed as a 2,356 square foot office space in
1946. The property at 2709 South Federal Highway was developed as a 1,958 square foot retail
store in 1946 and the property at 2715 South Federal Highway was developed as a 1,154 square foot
retail store in 1952. Currently these properties contain a pawn shop, tobacco stop and a sign shop
owned by NPC Holdings LLC.
Prior to June 1989, the subject property was in unincorporated Palm Beach County. The property was
annexed into the city as part of Enclave 50 (Enclave Act) on July 25, 1989, with a GC (General
Commercial) zoning designation and a GC land use designation via Ordinance 38-89.
A Future Land Use Map change from GC (General Commercial) to TRN (Transitional) was approved
by City Commission on November 28, 1989. When this occurred, the GC (General Commercial)
zoning designation became inconsistent with the new Future Land Use Map designation.
In turn, zoning changes City-wide were implemented in September 1990, to bring the zoning map
consistent with the Future Land Use Map, At this time, the zoning designation for the lots was
changed from GC (General Commercial) to PC (Planned Commercial). However, neither the GC nor
PC zoning districts were deemed consistent with the TRN (Transitional) Future Land Use Map
designation.
Thus, on July 9, 1991, the City Commission initiated a zoning change for the subject properties from
PC (Planned Commercial) to POD (Professional Office District). This designation was approved by
City Commission on September 10, 1991 via Ordinance 57-91.
On May 19, 1997, a privately initiated a zoning change for the subject properties from POD
(Professional Office District) to NC (Neighborhood Commercial) was requested. This request was
granted and adopted by the City Commission in Ordinance 24-97 on June 17,1997.
Current Land Use Desianation: The current Future Land Use Map designation for the property is
TRN (Transitional).
Reauested Land Use Desianation: The requested Future Land Use Designation is to GC (General
Commercial).
PZB Report
Page 2 of 7
Florida Statutes 163.3187 - Small Scale land Use Map Amendments: This Future Land Use Map
Amendment is being processed as small scale development pursuant to Florida Statues 163.3187.
This statutes states that any local government comprehensive land use amendments directly related
to proposed small scale development activities may be approved without regard to statutory limits on
the frequency of consideration of amendment (twice a year), subject to the following conditions:
. The amendment does not exceed 10 acres of land;
. The cumulative effect of the amendments processed under this section shall not exceed 120
acres within designated redevelopment and traffic concurrency exception areas, or 60 acres
annually in areas lying outside the designated areas; and,
. The proposed amendment does not involve the same property, or the same owner's property
within 200' feet of property, granted a change within a period of twelve months.
. That if the proposed amendment involves a residential land use, the residential land use has a
density of 10 units or less per acre except for properties that are designated in the
Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization;
. The proposed amendment does not involve a text change to the goals, policies, and objectives of
the local government's comprehensive plan, but only proposes a land use change to the Future
Land Use Map for a site-specific small scale development activity; and,
. The property that is the subject of a proposed amendment is not located within an area of critical
state concern.
The Future Land Use Map amendment involves a 0.843 acre area, thus the total area is less than
the 10 acre maximum. The property is not located within a designated redevelopment area or
traffic concurrency exception area. This amendment, along with other small-scale amendments
processed this year, outside the designated areas, will not exceed 60 acres. For the 2006 year,
0.0 acres have been subject to the small scale amendment process and this 0.843 acres will
make a total of 0.843 acres. This property has not previously been considered for a land use
amendment nor has the same property owner's properties been granted a land use change within
200' feet, within the last year. The proposed amendment is for General Commercial (GC) land
use. Thus, it does not involve a residential land use category. The amendment does not involve a
text change to the Comprehensive Plan. The subject property is not located within an area of
critical state concern.
Pursuant to 163.3187 (6)(a), no amendments may be made to the Comprehensive Plan after the
date established by the State (January 1, 2006) unless it (the City) has submitted its Evaluation
and Appraisal Report (EAR). On October 17, 2006, the EAR was adopted by the City
Commission and has been transmitted to the State of Florida Department of Community Affairs
for sufficiency review.
Given the above analysis, the proposed FLUM amendment meets the criteria of FS. 163.3187
and can be considered as a small-scale land use amendment.
lAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to lDR Section 3.1.1, prior to approval of land Use applications, certain findings
must be made in a form which is part of the official record. This may be achieved through
information on the application, written materials submitted by the applicant, the staff report,
or minutes. Findings shall be made by the body which has the authority to approve or deny
the development application. These findings relate to the Future land Use Map (FlUM),
Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development
Regulations.
PZB Report
Page 3 of?
o Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future Land Use Map.
The Future Land Use Map Amendment request is to change the existing NC (Neighborhood
Commercial) designation to GC (General Commercial) use. The general commercial land use
designation, as defined in the Comprehensive Plan, is applied to land which is, or should be,
developed for general commercial purposes (i.e. retail, office, services), A maximum Floor Area
Ratio of 3.0 is permitted for nonresidential uses.
The proposed change is to accommodate General Commercial uses in the existing buildings. The
proposed GC (General Commercial) zoning, in combination with, the proposed GC (General
Commercial) FLUM designation may allow for the best and highest use of the property.
Development under the proposed zoning and land use designation, would be more in line with
existing developments to the north, south and west of the subject property.
The existing NC (Neighborhood Commercial) zoning accompanied with the existing TRN
(Transitional) FLUM designation allows a much more limited range of commercial uses than the
GC (General Commercial) zoning, and is much more restrictive placing maximum limits on sq. ft.
per tenant and maximum floor area per use. These restrictions are to assure the commercial
uses remain of neighborhood scale. These types of restrictions are not appropriate on a highly
commercialized corridor like Federal Highway. Uses as allowed under GC (without such
restrictions) are more appropriate on a 4 lane highway.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the
Comprehensive Plan must be met and a determination made that the public facility needs,
including public schools, of the requested land use and/or development application will not exceed
the ability of the City and The School District of Palm Beach County to fund and provide, or to
require the provision of needed capital improvements in order to maintain the Levels of Service
Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of
Delray Beach.
Drainaqe: With this rezoning request, drainage plans are not required. No drainage problems have
been identified with regards to the existing building. Thus, problems are not anticipated related to
retaining drainage on site or obtaining any building permits, if and when required.
Traffic: The proposed use as a pawn shop, sign shop and tobacco shop are vested with respect to
traffic. This rezoning will not increase traffic for the existing buildings. While the rezoning may
allow redevelopment of the property and potentially increases in intensity, a traffic study and
compliance with traffic concurrency would be required at that time.
Parks and Recreation: Non-residential uses are not considered to have an impact on the City's
Parks and Recreation facilities.
Solid Waste:
Based upon the Solid Waste Authority's typical waste generation rates, the proposed uses would
generate 169.89 tons of waste annually. The Solid Waste Authority has indicated that its
facilities have sufficient capacity to handle all development proposals till the year 2021.
Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed
development will not have an impact with respect to this level of service standard.
PZB Report
Page 4 of 7
Given the above, the proposed development meets concurrency.
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based upon the
findings listed below, and must be supported by data and analysis that demonstrate
compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need must be
based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into
the municipal boundaries, or similar circumstances. The need must be supported by data
and analysis verifying the changing demographics or other circumstances. This
requirement shall not apply to requests for the FLUM designations of Conservation or
Recreation and Open Space; nor shall it apply to FLUM changes associated with
annexations when the City's Advisory FLUM designation is being applied, or when the
requested designation is of a similar intensity to the Advisory designation. However, the
findings described in the remainder of this policy must be addressed with all FLUM
amendments.
The requested GC zoning and GC land use designation will continue to allow commercial uses
similar to the existing NC zoning without tenant and use sq. ft. restrictions. There will be no change
in uses of the existing properties. The proposed zoning and land use map change is more
consistent with the existing character of the commercial nature of South Federal Highway. These
circumstances demonstrate a need for the requested zoning and FLUM change,
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in
a manner so that the future use and intensity is appropriate in terms of soil, topographic
and other applicable physical considerations; is complimentary to adjacent land uses; and
fulfills remaining land use needs.
There are no significant environmental characteristics to the subject property. The existing use of
the property is compatible with the adjacent land uses, which currently consists primarily of
commercial or retail establishments to the north, south and west.
Housina Element Policv A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the stability
of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and
circulation patterns shall be reviewed in terms of their potential to negatively impact the
safety, habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be modified
accordingly or denied.
The development proposed herein is merely a rezoning and land use amendment request to allow
for the existing uses to come in compliance with the Comprehensive Plan and LDRs. The request
does not consist of a proposed development which might entail modifications to existing structures.
Allowing the existing business to continue there current uses will not disrupt the aesthetic value of
the neighborhood nor produce any negative effects inclusive of, but not limited to: noise, dust,
odors or disruptive traffic and circulation problems. Any future improvements of the property, will
require submittal of a separate site plan application and mitigation of any potential negative
impacts.
PZB Report
Page 5 of 7
o Compliance with lDRs: Development under the requested designation will comply with the
provisions and requirements of the land Development Regulations.
Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall
specifically be addressed by the body taking final action on a land development application/request.
Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district
regulations.
At this time, no physical improvements are proposed. If and when improvements are made (other
than internal modification) a site plan review will be required. No concerns meeting the LDR
requirements are anticipated.
o Compatibility: The requested designation will be compatible with the existing and future
land uses of the surrounding area.
As demonstrated in the following "Rezoning Analysis" section, the requested GC (General
Commercial) zoning and land use designation will be compatible with existing and future land uses
of the surrounding area.
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance
with the development criteria of the LDR were previously discussed under the "Future Land Use Map
Amendment Analysis" section of this report. Compliance with the Land Development Regulations with
respect to Standards for Rezoning Actions and Rezoning Findings are discussed below.
Section 3.2.2 (Standards for Rezonina Actions): Standards "A", "B", "C", and "E" are not
applicable with respect to this rezoning request. Standard "Oil requires that the rezoning shall
result in allowing land uses which are deemed compatible with adjacent and nearby land use both
existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
lAND USE ANALYSIS:
Existino land uses
Subject Property - Commercial (Zoning District: NC; FLU Map: TRN)
North - Commercial (Zoning District: SAD; FLU Map: GC)
South - Retail (Zoning District: PC; FLU Map: GC)
East - Vacant Land (Zoning District: RM; FLU Map: MD)
West - Commercial (Zoning District: AC; FLU Map: GC)
Proposed land uses
Subject Property - Commercial (Zoning District: GC; FLU Map: GC)
North - Commercial (Zoning District: SAD; FLU Map: GC)
South - Retail (Zoning District: PC; FLU Map: GC)
East - Vacant Land (Zoning District: RM; FLU Map: MD)
West - Commercial (Zoning District: AC; FLU Map: GC)
The subject property is bordered on the north, south and west by properties zoned for
commercial use which are compatible with the existing use of this property.
As demonstrated above, this request does not result in an incompatible land use, thus, the
proposed development can be found to be in compliance with LDR Section 3.2.2 (D).
PZB Report
Page 6 of 7
Section 2.4.5 (0) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (0) (5), Pursuant to LOR Section 2.4.5(0) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought. These reasons
include the following:
(a) That the zoning had previously been changed, or was originally established, in error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future Land Use
Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The basis for which the rezoning should be granted, relates to the third bullet point above,
indicating that the parcels located at 2703, 2709 and 2715 South Federal Avenue is of similar
intensity as allowed under the FLUM and is more appropriate for the property given the parcels
location along a 4 lane highway.
Currently, all properties fronting on South Federal Highway, which are adjacent to this
property, have a higher intensity commercial use than the subject property. Because of its
location on a major north-south thoroughfare, the parcel ceases to serve a transitional
purpose. It better serves the needs of the general public and not the neighboring residentially
zoned districts, which are internally positioned on primarily local roads. Under these
circumstances the rezoning to GC is more appropriate.
Based upon these positive findings, the proposed development is in compliance with LDR
Section 2.4.5(D)(5).
The proposed rezoning is not in a geographic area requiring review by either the Historic Preservation
Board (HPB), Downtown Development Authority (DDA), or the Community Redevelopment Agency
(CRA).
Courtesy Notices: A special courtesy notice was provided to the following homeowners associations:
. Neighborhood Advisory Council
. Progressive Residents Of Delray (PROD)
. Pelican Harbor
. President Council
. Tropic Harbour
. Tropic Bay
IPARC Notice: On December 1, 2006, notice of the Future Land Use Amendment was provided to
the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. No objections have been received to date.
Public Notices: Formal public notice has been provided to property owners within a 500' radius of the
subject property, Letters of objection and/or support, if any, will be presented at the Planning and
Zoning Board meeting.
PZB Report
Page 7 of 7
Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section
3.2,2 (Standards for Rezoning Actions), LDR Section 2.4.5{D){5) (Rezoning Findings), and the Goals,
Objectives, and Policies of the Comprehensive Plan, Therefore, rezoning of the subject property from
NC to GC, and a future land use amendment from TRN to GC, can be recommended for approval,
based on the findings outlined herein.
A. Move a recommendation of approval to the City Commission for the request for rezoning from NC
(Neighborhood Commercial) to GC (General Commercial) and a Future Land Use Map
amendment from TRN (Transitional) to GC (General Commercial) for the subject property, by
adopting the findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan, and does meet the criteria set forth in
Sections 2.4.5{D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
B. Move a recommendation of denial to the City Commission for the request for rezoning from NC
(Neighborhood Commercial) to GC (General Commercial) and a Future Land Use Map
amendment from TRN (Transitional) to GC (General Commercial), by adopting the findings of fact
and law contained in the staff report, and finding that the request is inconsistent with the
Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and
3.2.2 of the Land Development Regulations.
C. Move to postpone a recommendation of approval or denial in order to continue reviewina the
request for rezoning from NC (Neighborhood Commercial) to GC (General Commercial) and a
future land use map amendment from TRN (Transitional) to GC (General Commercial) for the
subject property with direction.
Staff recommends that the Planning and Zoning Board moves to recommend approval to the City
Commission for the request for rezoning from NC (Neighborhood Commercial) to GC (General
Commercial) and a Future Land Use Map amendment from TRN (Transitional) to GC (General
Commercial) for the subject property, by adopting the findings of fact and law contained in the staff
report, and finding that the request and approval thereof is consistent with the Comprehensive Plan,
and does meet the criteria set forth in Sections 2.4.5{D)(5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
Report prepared by Candi Jefferson, Senior Planner
Attachments:
· Vicinity Map
· Zoning District Map
. Future Land Use Map
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MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER t'fV\
AGENDA ITEM # 10. C - REGULAR MEETING OF JANUARY 16.2007
ORDINANCE NO. 1-07
TO:
FROM:
DATE:
JANUARY 12, 2007
This ordinance is before Commission for second reading and quasijudidal hearing for a rezoning from
RM (Medium Density Residential) to CF (Community Facilities) for the expansion of the
Neighborhood Resource Center for the proposed Community Land Trust Office, located at 145 SW
12th Avenue, on the northeast comer of SW 12th Avenue and SW 2nd Street.
At the first reading on January 2, 2007, the Commission passed Ordinance No. 1-07.
Recommend approval of Ordinance No. 1-07 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 1-07 Rezoning CLT Office at 145 SW12 Ave 01. 16.07.doc
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FROM:
D~H
PC~IN
CANDI JEFFER
N, CITY MANAGER
CP, DIRECTOR OF PLANNING AND ZONING
TO:
THRU:
SUBJECT: MEETING OF JANUARY 2, 2007
REZONING OF THE 0.18 ACRE PARCEL LOCATED AT 145 SW 12TH AVENUE
FROM MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL (RM) TO
COMMUNITY FACILITIES (CF)
The action requested of the City Commission is approval of a zoning change from RM (Medium
Density Residential) to CF (Community Facilities) for Lot 12 Block 6 Atlantic Gardens Delray
Subdivision to accommodate the City of Delray Beach Community Land Trust eCL T) office.
The subject property is more specifically described as Lot 12, Block 6, Atlantic Gardens Delray,
containing 7,840 square feet. Development on the property consists of a 1,330 sq. ft. one-story, three
bedroom and two bath, single family dwelling built in 1988, which is currently owned by the City of
Delray Beach Community Redevelopment Agency (CRA).
The RM zoning district does not allow community centers as either a principal or conditional use, thus
a rezoning application is being requested to change the existing zoning designation from RM (Medium
Density Residential) to CF (Community Facilities).
Immediately to the north of this parcel is the city owned Neighborhood Resource Center. The
proposed change seeks to apply a zoning designation which is more consistent with the adjacent use
and complements the needs of the neighborhood. Additional background and an analysis of the
request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of December 18, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the request. There was no public testimony in support of, or opposition to the
proposal. After reviewing the staff report and discussing the proposal, the Board voted 6-0 to
recommend to the City Commission approval of the rezoning, by adopting the findings of fact and law
contained in the staff report, and a finding that the request is consistent with the Comprehensive
Plan, the Southwest Area Neighborhood Development Plan, and meets the criteria set forth in
Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development Regulations.
Move approval of the rezoning from RM (Multiple Family Residential) to CF (Community Facilities) by
adopting the findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment
Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land
Development Regulations, with second reading to occur at a public hearing on January 16, 2006.
Attachment: Proposed Ordinance and Planning & Zoning Board Staff Report of December 18, 2006
J2B
ORDINANCE NO. 1-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID
LAND BEING A PARCEL LOCATED AT THE NORTHEAST
CORNER OF SW 12TH AVENUE AND SW 2ND STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRA Y BEACH, FLORIDA, MARCH 2006"; PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned RM (Medium Density
Residential) District; and
WHEREAS, at its meeting of December 18, 2006, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of CF (Community Facilities) District
for the following described property:
Lot 12 Block 6 Atlantic Gardens, Plat Book 14 Page 63, Palm Beach County, Florida
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the_
day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 1-07
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
December 18, 2006
IV. B.
---STAFF REPORT---
Rezoning from RM (Medium Density Residential) to CF (Community Facilities) for
the proposed Community Land Trust Office, located at 145 SW 12th Avenue, on the
northeast corner of SW 12th Avenue and SW 2nd Street.
GENERAL DATA:
Owner/Applicant.......... ............. Delray Beach CRA
Location...................................... Northeast corner of SW 12th Avenue
and SW 2nd Street
Property Size.............................. 0.18 Acres
Existing FLUM........................... MD (Medium Density Residential)
Proposed FLUM......................... No Change
Current Zoning............................ RM (Multiple Family Residential)
Proposed Zoning........................ CF (Community Facilities)
Adjacent Zoning................North: CF (Community Facilities)
East: RM (Multiple Family Residential)
South: R-1-A (Single Family Residential)
West: RM (Multiple Family Residential)
Existing Land Use...................... Single Family Residence.
Proposed Land Use.................... Community Land Trust Office Facility
Water Service......................... Existing on site
Sewer Service........................ Existing on site
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IV.B
The item before the Board is that of making a recommendation to the City Commission on a rezoning
from RM (Medium Density Residential) to CF (Community Facilities) for Lot 12 Block 6 Atlantic
Gardens Delray Subdivision to accommodate the City of Delray Beach Community Land Trust
eCL T) office.
The RM zoning district does not allow community centers as either a principal or conditional use, thus
a rezoning application is being requested by the Delray Beach CRA to change the zoning designation
from RM (Medium Density Residential) to CF (Community Facilities).
The subject property, more specifically described as Lot 12, Block 6, Atlantic Gardens Delray,
consists of approximately 7,840 square feet. The property contains 1,330 sq. ft. one-story, three
bedroom and two bath, single family dwelling built in 1988, which is currently owned by the Delray
Beach CRA.
In the Southwest Area Neighborhood Redevelopment Plan, adopted by the City Commission on June
2, 2003, the property was assigned to the Northwest Quadrant, which is one of five sub-areas
designated as a study area. In addition to the most recently rezoned Neighborhood Resource Center
(immediately to the north), eight other sites in this sub-area are currently zoned as Community
Facilities (CF). The proposed development is consistent with the goals and objectives outlined in the
Southwest Area Neighborhood Redevelopment Plan relative to this study area.
Immediately to the north of this parcel is the city owned Neighborhood Resource Center. This facility
serves as a community center, designed to assist residents with building stronger, safer communities
by empowering residents through workshops to build leadership skills and providing assistance to
residents tailored to the needs of the community.
Given the immediate success of this facility, the city now desires to expand its efforts to include a
Community Land Trust office which will compliment the existing Neighborhood Resource Center by
offering additional opportunities for self empowerment to its residents by providing home ownership
opportunities.
This facility will be owned by the Delray Land Trust which is a private, not-for-profit organization. It
has been established primarily to acquire assets and then hold them in perpetuity for local use.
However, it may also meet the needs of the community by offering a means to accomplish each of
the following:
. Buying, developing and holding land, housing, community buildings and services
for the benefit of local people;
. Attracting investment for projects from local individuals and private companies,
as well as, public and voluntary bodies;
. Providing space for workshops and offices, and offering rental options to residents;
. Re-investing growing income from rents in new social and economic provision;
. Engaging local people and organizations in the control and management of
community assets;
PZB Report
Page 2 of 9
. Bringing together a wide spectrum of different partners to produce
interdependent solutions;
. Mobilizing the goodwill and services of local professional and skilled people.
The office is proposed to accompany and reside adjacent to the Neighborhood Resource Center,
which was recently rezoned from RM to CF, by the City Commission on June 20, 2006 through City
Ordinance No. 32-06. The expansion of the existing Neighborhood Resource Center by adding
facilities for the Community Land Trust office, further supports the commitment of the City
Commission to create quality neighborhoods where people want to live through citizen involvement in
the decision-making processes, and collaborative partnerships.
Furthermore, the requested CF zoning is of similar intensity as RM, and is more appropriate for the
property based upon current circumstances particular to this site and neighborhood.
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings
must be made in a form which is part of the official record. This may be achieved through
information on the application, written materials submitted by the applicant, the staff report,
or minutes. Findings shall be made by the body which has the authority to approve or deny
the development application. These findings relate to the Future Land Use Map (FLUM),
Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
o Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future Land Use Map.
The subject property has a Future Land Use Map designation of MD (Medium Density Residential
5-12 du/ac). Pursuant to LDR Section 4.4.21, the CF (Community Facilities) zoning district is a
special purpose zoning district primarily, but not exclusively, intended for locations at which
facilities are provided to serve public, semi-public and private purposes. The CF District is
deemed compatible with all land use designations shown on the Future Land Use Map.
Principal Uses and Structures Allowed:
Pursuant to LOR Sections 4.4.21 (B)(1) and 4.4.21 (B)(2), the following types of uses are allowed
within the CF District as a permitted use:
· Governmental, such as civic centers, courts, courthouses, temporary holding facilities, fire
stations, governmental offices, public health facilities, law enforcement offices and facilities,
post offices, public utility facilities (i.e. lift stations), water storage tanks, water treatment
plants, water wells, wastewater treatment plants, and drainage facilities.
· Community, such as civic centers, community theater, cultural facilities and auditoriums, arts
and crafts centers, libraries, museums, public parking lots and garages.
PZB Report
Page 3 of 9
The proposed Community Land Trust office serves as both a governmental office and a
community resource center, thus it is deemed consistent with its existing Future Land Use
Map designation of MD (Medium Density Residential 5-12 du/ac).
D Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the
Comprehensive Plan must be met and a determination made that the public facility needs,
including public schools, of the requested land use and/or development application will not
exceed the ability of the City and The School District of Palm Beach County to fund and provide,
or to require the provision. of needed capital improvements in order to maintain the Levels of
Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City
of Delray Beach.
DrainaQe: With this rezoning request, drainage plans are not required. No drainage problems
have been identified with regards to the existing building. Thus, problems are not anticipated
related to retaining drainage on site or obtaining any building permits, if and when required.
Traffic: Traffic for the facility directly adjacent to the Community Land Trust office on the north,
was recently analyzed for the Neighborhood Resource Center. Utilizing a community center
traffic rate, the traffic impact is estimated at 12 daily trips with three (3) AM three (3) PM peak
trips. These trips can be easily absorbed by the surrounding street network and no traffic
concurrency issues are noted.
Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, the
proposed Community Land Trust office would generate an estimated maximum of 19.2 tons of
waste annually. The Solid Waste Authority has indicated that its facilities have sufficient capacity
to handle all development proposals until the year 2021.
Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed
development will not have an impact with respect to this level of service standard.
Parks and Recreation: Non-residential uses are not considered to have an impact on the City's
Parks and Recreation facilities.
D Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based upon the
findings listed below, and must be supported by data and analysis that demonstrate
compliance with these findings:
Demonstrated Need: That there is a need for the requested land use. The need must be
based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into
the municipal boundaries, or similar circumstances. The need must be supported by data
PZB Report
Page 4 of 9
and analysis verifying the changing demographics or other circumstances. This
requirement shall not apply to requests for the FLUM designations of Conservation or
Recreation and Open Space; nor shall it apply to FLUM changes associated with
annexations when the City's Advisory FLUM designation is being applied, or when the
requested designation is of a similar intensity to the Advisory designation. However, the
findings described in the remainder of this policy must be addressed with all FLUM
amendments.
As mentioned in the "Background Analysis" section, the Community Land Trust office is proposed
to accompany and reside adjacent to the Neighborhood Resource Center, which was recently
rezoned from RM to CF. The expansion of this community resource encourages citizen
involvement in the decision-making processes and collaborative partnerships. The requested CF
(Community Facilities) zoning is of similar intensity as RM (Multiple Family Residential), and is
more appropriate for the property based upon current circumstances particular to this site and
neighborhood.
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate in terms of soil, topographic
and other applicable physical considerations; is complimentary to adjacent land uses; and
fulfills remaining land use needs.
There are no significant environmental characteristics to the subject property. The future
redevelopment of the property as a Community Land Trust office will be compatible with the
adjacent land uses, which consists of primarily single family residences and the Neighborhood
Resource Center to the north.
Future Land Use Element Policv C-1.7: The following pertains to the Southwest
Neighborhood Redevelopment Area:
This area is generally defined as the area bounded by West Atlantic Avenue on the north,
SW 10th Street on the south, Interstate-95 on the west, and Swinton A venue on the east.
Many of the parcels in the area contain vacant or dilapidated structures, substandard
parking and substandard landscaping. The area also contains residential areas identified
as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the
Housing Element.
The Southwest Area Neighborhood Redevelopment Plan was adopted by the City
Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the
revitalization and stabilization of the area. The Southwest Area Neighborhood
Redevelopment Plan is divided into five sub-areas based upon current and proposed land
uses. The sub-areas serve to define potential boundaries for the phased implementation
of the various plan components. Future development in the area must be in accordance
with the provisions of the Redevelopment Plan.
The subject property resides with the boundaries of the Southwest Area Neighborhood
Redevelopment Plan, and is more specifically located within the Northwest Quadrant sub-area.
The Northwest Quadrant is bounded by Atlantic Avenue on the north, SW 3rd Street on the south,
1-95 on the west, and SW 8th Avenue on the east. The plan for this area calls for substantial
redevelopment of property north of 2nd Street to include neighborhood-oriented retail and office
PZB Report
Page 5 of 9
uses, as well as, multi-family apartment buildings, courtyard apartments, townhomes and limited
new single family development.
In addition, SW 1 ih Avenue remains as the primary north-south corridor for pedestrians and
vehicles, connecting the gateway park with the village green, the neighborhood greens at SW 2nd
Street, and the Village Academy and Service Center to the South.
With the Community Land Trust office being ideally located north of 2nd Street and fronting on the
major north-south corridor, 1 ih Avenue, the proposed development promises to be easily
noticeable and accessible to neighborhood residents.
Given the above, positive findings with the Comprehensive Plan can be made.
Future Land Use Element Policy C-4.2: The "Downtown Delray Beach Master Plan"
was adopted by the City Commission on March 19, 2002. Covering the downtown business
districts surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it represents
the citizens' vision for the growth and unification of Delray Beach, while still retaining the
'Village like, community by-the-sea" character of the CBD. The Plan addresses a wide
range of issues including infill development, neighborhood parks, shared parking, public
art, the roadway and alleyway systems, marketing/economic development, and the need to
modify the Land Development Regulations to include design guidelines to retain the
character of Delray Beach. Future development and redevelopment in this area shall be
consistent with the Master Plan.
The subject property resides within the study area of the downtown "Downtown Delray Beach
Master Plan" and is more specifically located within the West Atlantic Neighborhood. The
ideology within this study area is consistent with the concepts and recommendations found within
the "West Atlantic Development Plan". Thus, both plans should be considered when evaluating
any proposal for development or redevelopment in this district.
With the Community Land Trust office having a primary purpose of obtaining ownership of local
property and providing affordable housing opportunities for residents of Delray Beach, it promotes
the goals and objectives of the "Downtown Delray Beach Master Plan".
Housina Element Policv A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to negatively impact
the safety, habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
The development proposed herein is merely a rezoning to allow for the proposed use and
involves minimal modifications to the existing single family residential structure. The Community
Land Trust office will neither disrupt the aesthetic value of the neighborhood nor produce any
negative effects inclusive of, but not limited to: noise, dust, odors or disruptive traffic and
circulation problems. The facility will benefit the neighborhood by providing enhanced access to
vital services.
Based upon the above, positive findings with the Comprehensive Plan can be made.
PZB Report
Page 6 of 9
o Compliance with LDRs: Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall
specifically be addressed by the body taking final action on a land development
application/request. Such items are found in Section 2.4.5 and in special regulation portions of
individual zoning district regulations.
At this time, no physical improvements are proposed. If and when improvements are made (other
than internal modification) a site plan review will be required. No concerns meeting the LOR
requirements are anticipated.
o Compatibility: The requested designation will be compatible with the existing and future
land uses of the surrounding area.
As demonstrated in the following "Rezoning Analysis" section, the proposed zoning designation of
CF (Community Facilities) will be compatible with the existing and future land uses of the
surrounding area.
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance
with the development criteria of the LOR were previously discussed under the "Future Land Use Map
Amendment Analysis" section of this report. Compliance with the Land Development Regulations
with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below.
Section 3.2.2 (Standards for Rezoninc:l Actions): Standards "B", "C", and "E" are not
applicable with respect to this rezoning request. Standard "A" requires that the most restrictive
residential zoning district that is applicable given existing development patterns and typical lot sizes
shall be applied to those areas identified as "stable" and "stabilization" on the Residential
Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other
than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be
denied. This request is for Community Facilities, which is allowed under Section 3.2.2(A). Standard
"D" requires that the rezoning shall result in allowing land uses which are deemed compatible with
adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse impacts from the new use.
PZB Report
Page 7 of 9
Existina land uses
Subject Property - Single Family Residential (RM zoned)
North - Neighborhood Resource Center (CF zoned)
South - Single Family Residential (R-1-A zoned)
East - Vacant Single Family Residential (RM zoned)
West - Single Family Residential (RM zoned)
Proposed land uses
Subject Property - Community Land Trust (CF zoned)
North - Neighborhood Resource Center (CF zoned)
South - Single Family Residential (R-1-A zoned)
East - Vacant Single Family Residential (RM zoned)
West - Single Family Residential (RM zoned)
The subject property is bordered on the south, east and west by residential ,zoned properties
and accommodates a mix of single family and multiple family residences which are
compatible with the existing use. The adjacent property to the north is an existing community
facility which was recently rezoned from RM (Multiple Family Residential) to CF (Community
Facility). The Neighborhood Resource Center to the north, is compatible with the proposed
use of the subject property. The Community Land Trust office will also compliment the NRC,
and will be serving the same neighborhood residents. The facility will provide vital
neighborhood access to services in a neighborhood setting.
As demonstrated above, this request does not result in an incompatible land use, thus,
the proposed development can be found to be in compliance with section 3.2.2(0).
Section 2.4.5 eD) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought. These
reasons include the following:
ea) That the zoning had previously been changed, or was originally established, in
error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
ec) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The basis for which the rezoning should be granted, relates to the third bullet point above,
indicating that the parcel located at 145 SW 1 ih Avenue is of similar intensity as allowed
under the FLUM and is more appropriate for the property based upon current circumstances
specific to this site and neighborhood.
The requested change to allow a CF (Community Facility) zoning designation for the
Community Land Trust office will further the goal of the City Commission to create quality
PZB Report
Page 8 of9
neighborhoods where people want to live. Equally, if not more important, it will address the
immediate needs of the neighborhood and its residents.
Community Redevelopment Aaencv (CRA):
The Delray Beach Community Redevelopment Agency (CRA) has submitted this application for
rezoning from RM to CF, in order to compliment the City's existing Neighborhood Resource Center.
It is anticipated that establishment of an independent Community Land Trust office, which will allow
residents to create and control community assets, will provide substantial long term social, cultural,
environmental and economic benefits.
Courtesy Notices: A special courtesy notice was provided to the following homeowners associations:
. Neighborhood Advisory Council
. Progressive Residents Of Delray (PROD)
. Bellehaven
. Atlantic Park Gardens
. President Council
Public Notices: Formal public notice has been provided to property owners within a 500' radius of
the subject property. Letters of objection and/or support, if any, will be presented at the Planning and
Zoning Board meeting.
Positive findings can be made with respect to LOR Section 3.1.1 (Required Findings), LOR Section
3.2.2 (Standards for Rezoning Actions), LOR Section 2.4.5(0)(5) (Rezoning Findings), and the
Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, rezoning the subject property
from RM to CF is recommended for approval, based on the findings outlined herein.
A. Move a recommendation of approval to the City Commission for the request for rezoning from
RM (Medium Density Residential) to CF (Community Facilities) for the subject property, by
adopting the findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and the Southwest Area
Neighborhood Redevelopment Plan, and does meet the criteria set forth in Sections 2.4.5(0)(5),
3.1.1 and 3.2.2 of the Land Development Regulations.
B. Move a recommendation of denial to the City Commission for the request for rezoning from RM
(Medium Density Residential) to CF (Community Facilities) for the subject property, by adopting
the findings of fact and law contained in the staff report, and finding that the request is
inconsistent with the Comprehensive Plan and Southwest Area Neighborhood Redevelopment
Plan, and does not meet the criteria set forth in Sections 2.4.5(0)(5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
C. Move to postpone a recommendation of approval or denial and continue the request for rezoning
from RM (Medium Density Residential) to CF (Community Facilities) for the subject property with
direction.
PZB Report
Page 9 of 9
Staff recommends that the Planning and Zoning Board moves to recommend approval to the City
Commission for the request for rezoning from RM (Medium Density Residential) to CF (Community
Facilities) for the subject property, by adopting the findings of fact and law contained in the staff
report, and finding that the request and approval thereof is consistent with the Comprehensive Plan
and the Southwest Area Neighborhood Redevelopment Plan, and does meet the criteria set forth in
Sections 2.4.5(0)(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Report prepared by Candi Jefferson, Senior Planner
Attachments:
· Vicinity Map
· Zoning District Map
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REZONING
145 SW 12TH AVENUE
m PROPOSED ZONING: CF (COMMUNITY FACILITIES)
CITY OF DELRAY BEACH. FL
PLANNING 8< ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
t.IAP REF: LM979
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER t1J1l1
AGENDA ITEM # '0. 'D - REGULAR MEETING OF JANUARY 16.2007
ORDINANCE NO. 3-07
TO:
FROM:
DATE:
JANUARY 12,2007
This ordinance is before Commission for second reading and quasijudicial hearing for a Future Land
Use Map amendment (small-scale) from County LR-1 (Low Density Residential 1 du/ac) to City ill
(Low Density Residential 0-5 du/ ac) and rezoning from County AR (Agricultural Residential) to City
R-1-AA (Single Family Residential) for a 0.72 acre property located at 2200 Lake Drive.
At the first reading on January 2,2007, the Commission passed Ordinance No. 3-07.
Recommend approval of Ordinance No. 3-07 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 3-07 Rezoning at 2200 Lake Drive 01.16.07.doc
TO:
THRU:
FROM:
SUBJECT: .
~
D~ T. HAlf~~TY MANAGER
P AL~RL:iiiiG,-tp:~. DIRECTOR OF PLANNING AND ZONING
ESTELlO BRETO, SENIOR PLANNER
MEETING OF JANUARY 2, 2007
FUTURE LAND USE MAP AMENDMENT FROM COUNTY LR-1 (LOW
RESIDENTIAL 1 DUlAC) TO CITY LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC),
AND REZONING FROM COUNTY AR (AGRICULTURAL RESIDENTIAL) TO CITY
R-1-AA (SINGLE FAMILY RESIDENTIAL) FOR A 0.72 ACRES PROPERTY
LOCATED AT 2200 LAKE DRIVE.
The subject property is 0.72 acres located at 2200 Lake Drive. The property is bound to the south
and east by single family homes within the City of Delray Beach. To the west and north is Lake Ida.
The subject property consists of one parcel which is privately owned and contains a single family
home. The subject property is part of an established subdivision having a City Land Use Designation
of LD (Low Density Residential 0-5 du/ac) and zoning of R-1-AA that allows for residential
development with a density between zero and five units per acre. The proposed land use and zoning
designation are consistent with the adjacent development.
The property was annexed into the City of Delray Beach via Ordinance 44-06 on September 19,
2006. This Ordinance included a small scale amendment and zoning. However, DCA (Department
of Community Affairs) has objected to this part of the Ordinance as it was enacted prior to the
adoption of the EAR (Evaluation and Appraisal Report) amendment (October 23, 2006). Therefore
we are re-adopting the Small Scale Future Land Use Map amendment and zoning portion of the
original application. Additional background and an analysis of the request are found in the attached
Planning and Zoning Board Staff Report.
At its meeting of August 21, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the requests. There was public testimony in opposition related to traffic increase
and concerns that future development could include a zero lot line development. After reviewing the
staff report and discussing the proposal, the Board voted 6 to 0 to recommend that the request be
approved. This recommendation was based upon positive findings with respect to LOR Sections
3.1.1, 3.2.2, and 2.4.5(0)(5), and that the property is contiguous, reasonably compact and does not
create an enclave; and, that services will be provided to the property in a manner similar to other
properties within the City.
By motion, approve on first reading ordinance No. 3-07 for FLUM amendment from County LR-1 to
City LD (Low Density Residential 0-5 du/ac), and rezoning from County AR (Agricultural Residential)
to City R-1-AA (Single Family Residential), based upon the findings of fact and law contained in the
staff report, and finding that the request is consistent with the Comprehensive Plan, and does meet
the criteria set forth in LOR Sections 2.4.5.(0)(5) (Reasons for Rezoning), Future Land Use Element
Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LOR Section 3.1.1
(Required Findings) and 3.2.2 of the Land Development Regulations, and set a second reading date
for January 16, 2007.
Attachment:
· Proposed Ordinance No. 3-07
lZ.t
ORDINANCE NO. 3-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM COUNTY LR-l (LOW RESIDENTIAL 1 DU/ AC); TO LD
(LOW DENSITY RESIDENTIAL 0-5 DU/ AC); ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND
REZONING AND PLACING LAND PRESENTLY ZONED COUNTY
AR (AGRICULTURAL RESIDENTIAL) TO R-l-AA (SINGLE
FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL
OF LAND LOCATED AT THE NORTHWEST CORNER OF LAKE
DRIVE AND NW 22ND STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Liliana Batista, is the fee simple owner of a 0.72 acre parcel of land located at
the northwest comer of Lake Drive and NW 22nd Street; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation of County LR-l (Low Residential 1 du/ac); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from County LR-l (Low Residential ldu/ac) to LD (Low Density Residential 0-5
du/ac); and
WHEREAS, the property hereinafter described has a zoning classification of County AR
(Agricultural Residential); and
WHEREAS, at its meeting of August 21,2006, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to
o to recommend that the property hereinafter described be rezoned, based upon positive findings;
and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0-5 du/ac).
Section 3. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of R-l-AA (Single Family Residential)
District for the following described property:
Beginning at the Southeast comer of Lot A, Plat of Lake Shore Estates, as recorded in Plat
Book 25, Page 26, Public Records of Palm Beach County, Florida; Thence South 890 55' 15" West,
a distance of219.95 feet to point on a curve concave to the east having a chord bearing 0[020 47'
45" and a radius of 150 feet; Thence Northerly along said curve through a central angle of North 50
40' 06" East a distance of 14.84 feet; Thence North 250 55' 55" West, a distance of 2.94 feet;
Thence North 000 51' 14" West a distance of22.05 feet; Thence North 070 32' 39" East, a distance
of 12.74 feet; Thence North 160 11' 44" East, a distance of24.61 feet; Thence North 120 11' 07"
East, a distance 17.11 feet; Thence North 440 45' 40" East, a distance of 55.28 feet; Thence North
56018' 01" East, a distance of 22.00 feet; Thence North 710 41' 50" East, a distance of21.18 feet;
Thence North 830 08' 53" East, a distance of 125.82 feet; Thence South 740 48' 01" East, a
distance of 1.16 feet; Thence North 900 00' 00" East, a distance of 5.32 feet; Thence South 165.24
feet to the point of beginning.
Section 5. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 4 hereof.
2
ORD NO. 3-07
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 8. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard
Oaks Boulevard, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of ,200_
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD NO. 3-07
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
August 21,2006
V.B.
A privately initiated voluntary Annexation, Future Land Use Map (FLUM)
Amendment from County LR-1 (Low Residential 1 du/ac) to City LD (Low Density 0-
5 du/ac) and rezoning from County AR (Agricultural Residential) to City R-1-AA
(Single Family Residential) for a 0.72 acres parcel located on 2200 Lake Drive.
GENERAL DATA:
Owner/Applicant........................ .
Agent......................................... .
Location..................................... .
Property Size..............................
Existing County Future Land Use
Map Designation........................
Proposed City Future Land Use
Map Designation............. ............
Existing County Zoning...............
Proposed City Zoning.................
Adjacent Zoning................North:
East:
South:
West:
Existing Land Use......................
Proposed Land Use....................
Water Service.............................
Sewer Service.............................
Castle Florida
Weiner and Aronson
2200 Lake Drive
0.72 Acres
LR-1 (Low Residential 1 du/ac)
LD (Low Density Residential)
AR (Agricultural Residential)
R-1-AA (Single Family
Residential)
City of Boynton Beach Open
Space (OS), Lake Ida
Single Family Residential (R-1-
M)
Single Family Residential (R-1-
M)
City of Boynton Beach Open
Space (OS)
Single family residence
Single family residence
Municipal water service is
available via connection to a 6"
water main located along Lake
Drive.
Sewage is available adjacent to
the site via an existing 8"
sewage main along Lake Drive.
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ITEM'BEFORE THE BOARD
',' ':1
The action before the Board is that of making a recommendation to the City Commission on a
privately initiated voluntary Annexation, Future Land Use Map (FLUM) Amendment from LR-1
(Low Residential 1 du/ac) on the Palm Beach County Comprehensive Plan to LD (Low
Density) and rezoning from AR (Agricultural Residential) to R-1-AA (Single Family Residential)
for a 0.72 acres parcel located on 2200 Lake Drive.
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
BACKGR()UNDlPROJECT,DESCRIPTION
. .,'" ;:'1
The subject property is 0.72 acres located at 2200 at Lake Drive. The property is bound to the
south and east by single family homes within the City of Delray Beach. To the west and north
is Lake Ida. The subject property consists of one parcel which is privately owned and contains
a single family home. The access to this parcel is currently via Lake Drive from NW 22 Street.
The subject property is currently under the jurisdiction of Palm Beach County and it is not in a
designated annexation area for the City of Delray Beach. The parcel is located along the north
boundary of the City of Delray Beach to the east of Inter-State 95. Given the parcels proximity
it is more appropriately located under the Jurisdiction of Delray Beach. To that end this parcel
has been recently de-annexed from the City of Boynton Beach, and is being processed as a
privately initiated voluntary annexation into the City of Delray Beach. The City has not given
an advisory land use designation, however the subject property is immediately adjacent to a
City's Land Use Designation of LD (Low Density Residential 0-5 du/ac) that allows for
residential development with a density between zero and five units per acre. An application is
now before the Board regarding a Voluntary Annexation, FLUM Amendment from County LR-1
(Low Residential 1 du/ac) to City LD (Low Density) and a Rezoning from County AR to City R-
1-AA.
'j: 'FUTURE LAND USE MAP 'AME'NDMENTANALYSIS;' .,' '~". "
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Current Land Use Designation: The current land use map designation for the property is
County LR-1 (Low Residential 1 du/ac)). The City has no advisory land use designation but
supports the LD (Low Density Residential 0-5 du/ac) designation given the adjacent
designation and similar uses which allow for residential development with a density between
zero to five units per acre.
Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land
Use Map Amendment is being processed as small scale development pursuant to Florida
Statues 163.3187. This statutes states that any local government comprehensive land use
amendments directly related to proposed small scale development activities may be approved
without regard to statutory limits on the frequency of consideration of amendment (twice a
year), subject to the following conditions:
. The amendment does not exceed 10 acres of land;
. The cumulative effect of the amendments processed under this section shall not exceed
120 acres within designated redevelopment and traffic concurrency exception areas, or 60
acres annually in areas lying outside the designated areas; and,
Planning and Zoning Board Me g of August 21, 2006 Staff Report
2200Lake Drive - Annexation Wlul Initial Zoning of R-1-AA and Small-Scale r...uM Amendment of LD
Page 2
. The proposed amendment does not involve the same property, or the same owner's
property within 200' feet of property, granted a change within a period of twelve months.
. That if the proposed amendment involves a residential land use, the residential land use
has a density of 10 units or less per acre except for properties that are designated in the
Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization;
. The proposed amendment does not involve a text change to the goals, policies, and
objectives of the local government's comprehensive plan, but only proposes a land use
change to the Future Land Use Map for a site-specific small scale development activity;
and,
. The property that is the subject of a proposed amendment is not located within an area of
critical state concern.
The Future Land Use Map amendment involves a 0.72 acres site, thus the total area is less
than the 10 acres maximum. The property is not located within a designated redevelopment
area or traffic concurrency exception area. The proposed amendment to Single Family
Residential (R-1-AA) is deemed compatible with LD (Low Density Residential 0-5 du/ac) Future
Land Use Map Designation in that Low Density Residential development is allowed. Single
family homes are allowed as a permitted use within the R-1-AA District. Given the adjacent
development pattern and proximity of the subject property to the existing residential
neighborhood to the east and south these designations are appropriate. This amendment
along with other small-scale amendment processed this year (0.99 acres for Robotic Space
Savers Self-storage Facility), equals to 1.71 acres, and thus, will not exceed 60 acres. This
property has not previously been considered for a City Land Use Map amendment nor has the
same property owner's properties been granted a City land use change within 200' feet, within
the last year. The amendment does not involve a text change to the Comprehensive Plan and
it is not located within an area of critical state concern. Given the above, the proposed FLUM
amendment can be processed as a small scale amendment.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Desianated Annexation Area: The subject property has been temporarily placed under the
jurisdiction of Palm Beach County awaiting this annexation process. This parcel has been
recently de-annexed from the City of Boynton Beach, and is being processed as a privately
initiated voluntary annexation. Annexation of the territory is consistent with Future Land Use
Element Policy B-3.5, which calls for annexation of eligible properties through voluntary
annexations as the opportunities arise.
Land Use Analysis:
Consistency Between the City and County Land Use Desianations:
The proposed City Land Use Map Designation for the property is LD (Low Density
Residential0-5 du/ac). The existing County Future Land Use Map Designation for the property
is LR-1 (Low Density Residential 1 du/ac). While the City's designation of LD allows slightly
greater density it is more consistent with the prevailing land use pattern. Further the proposed
zoning of R-1-AA will assure any future development remains consistent.
Adlacent Land Use Map Desianations, Zonina Desianations and Land Uses:
The following zoning designations and uses abut the subject property:
Planning and Zoning Board Me g of August 21, 2006 Staff Report
2200Lake Drive - Annexation wlln Initial Zoning of R-1-AA and Small-Scale h.uM Amendment of LD
Page 3
North:
Zoning Designation
Boynton Beach Open Space (OS)
Use
Lake Ida
South:
East:
Single Family Residential
Single Family Residence
Lake Ida
West:
Allowable Land Uses:
Under the proposed LD (Low Density Residential 0-5 du/ac) Future Land Use Map
designation. the current single family home is allowed.
REQUIRED FIDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3:
Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application. These findings relate to
the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the Land Development Regulations.
(J Future Land Use 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 Single Family Residential (R-1-AA) zoning district is consistent with the
proposed LD (Low Density Residential 0-5 du/ac). The LD (Low Density Residential 0-5
du/ac) is typically applied to land which is developed or to be developed, at a density of five
units per acre or less. Such land is usually developed for single family purposes. Based on
the above, positive findings can be made with respect to FLUM consistency.
(J Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
Provision of Services: When annexation of property occurs, services are to be provided
in a manner which is consistent with services provided to other similar properties already in
the City (Future Land Use Element Policy B-3.1). The proposal involves amending the
FLUM designation from LR-1 (Low Residential 1 DUlAC) to LD on a 0.72 acre-parcel.
Concurrency findings with respect to Parks and Recreation, Police, Solid Waste, Traffic
and Water and Sewer are discussed below:
Parks and Recreation: The City provides 127 acres of activity based recreation facilities
such as tennis, baseball, basket ball, soft ball and other similar sports. An additional 247
acres are considered resource based activities such as beaches and lakes for swimming,
Planning and Zoning Board Me g of August 21, 2006 Staff Report
2200Lake Drive - Annexation wnlllnitial Zoning of R-1-AA and Small-Scale l-...uM Amendment of LD
Page 4
boating, picnicking, hiking, and other activities excluding golf courses. Within recreation
areas, amenities and facilities are provided to meet the demand for leisure opportunities for
all segments of the community. The City of Delray Beach provides a ratio of eight (8)
acres of park and recreational facilities per 1,000 people while the current national ratio is 3
acres of park and recreational facilities per 1 ,000 people. This indicates that the City will
have sufficient recreation facilities to accommodate any additional increase in the number
of residents anticipated from this development of the subject property.
Police: This property is currently serviced by the Palm Beach County Sheriffs Office,
located at 345 South Congress, which serves the South County area. The property lies
within Sheriff patrol zone 4. Zone 4 is bordered by EI Clair Ranch Road on the west, the
Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the south.
One officer is assigned to a particular zone during a shift (three shifts per day). Additional
response can be obtained from "Cover Cars" which patrol throughout zones randomly,
depending on their availability in South County during that time.
The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square
mile area; and, as a consequence, significantly improved response time should be realized.
Annexation will not require additional manpower.
Fire and Emeraencv Services: The annexation of this property will not require additional
manpower. The municipal area is served by Fire Station No. 1 (401 West Atlantic
Avenue). With annexation, the property will receive an improvement in response time from
the current 5.5 minutes of the County Fire Department (Indian Springs/Military Trail and
Woolbright Road) to approximately 3 minutes for the City's Fire Department (Fire Station
No.1 at 401 West Atlantic Avenue).
Water: Municipal water service is available via connectioQ to a 6" water main located along
Lake Drive. The City of Delray Beach currently provides water, sewer, and garbage
collection for the subject property, and thus, any future redevelopment of the property will
have City services. A fire hydrant is located on the northeast corner of Lake Drive and NW
22nd Street. Pursuant to the Comprehensive Plan, treatment capacity is available at the
City's Water Treatment Plant at build-out.
Sewer: Sewage is available adjacent to the site via an existing 6" sewage main along Lake
Drive. The City of Delray Beach currently provides water, sewer, and garbage collection for
the subject property. A fire hydrant exists and is located on the east side of Lake Drive right
across from the subject property.
Streets: The property can be accessed Lake Drive from NW 22nd Street. Lake Drive is
under a shared jurisdiction of the City of Delray Beach and the City of Boynton Beach and
the jurisdictional responsibility and the associated maintenance responsibility will not
change upon annexation.
Solid Waste: The subject property contains a single family home and therefore has a minor
impact on this level of service standard. The solid waste authority has indicated they have
sufficient capacity to service this area. The service provider will not change, as described
later in this report.
[J Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
Planning and Zoning Board ME g of August 21,2006 Staff Report
2200Lake Drive - Annexation WILlI Initial Zoning of R-1-AA and Small-Scale h...uM Amendment of LD
Page 5
The following applicable Comprehensive Plan objective and pOlicies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need must
be supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The proposal is associated with the annexation of this unincorporated property and
requires changing the FLUM designation from County to City. The current County FLUM
designation is LR-1 (Low Residential 1 du/ac) and the City designation is LD (Low Density
Residential), which allows single family residential developments. As the City's FLUM
designation is being applied as part of an annexation the requirement to provide
justification for the need does not apply. It is noted that the City does not have an advisory
, designation as this parcel was not originally anticipated for annexation. Further, the
proposed R-1-AA designation would allow a similar density (0-5 du/ac) as the one currently
allow under the County Land Use designation of LR-1 (Low residential 1 du/ac).
Future Land Use Element Objective A-1: Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property does not have any unique environmental characteristics that would
prohibit development of the site or require mitigation measures. Under the County LD
FLUM designation, a range of 0 to 5 du/ac is allowed. The requested LD (Low Density),
Land Use Map designation and zoning designation of R-1-AA will be compatible with the
adjacent single family development patterns. The requested R-1-AA zoning would be
similar to properties to the east and south (single family homes) already within the City's
jurisdiction. The property immediately to the north is currently zoned Single Family
Residential and is within the City of Boynton Beach Jurisdiction.
Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The proposed Single Family Residential (R-1-AA) zoning district is consistent with the
prevailing land use patterns. Consequently, compatibility with the abutting low density
residential properties to the north, east, and to the south (single family homes) is not a
concern .
Planning and Zoning Board Me g of August 21,2006 Staff Report
2200Lake Drive - Annexation WILn Initial Zoning of R-1-AA and Small-Scale J-....uM Amendment of LD
Page 6
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
At this time no issues have been identified which would indicate non-compliance of the
subject property with the requirements of the R-1AA zoning district. Any future
redevelopment of the subject property will be reviewed for compliance with the LDRs
during the building permit process.
ANNEXATION ANALYSIS
.....1
Florida Statues GoverninQ Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves". Pursuant to F.S.
171.031 (13), an "enclave" is (1) any unincorporated improved or developed area that is
enclosed within and bounded bya single municipality and a natural or man made obstacle that
allows the passage of vehicular traffic to that unincorporated area only through the
municipality.
. The property is contiguous with the City and reasonably compact. This annexation will not
create an enclave.
Land Development ReQulations GoverninQ Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
DesiQnated annexation area: The subject property is under the jurisdiction of Palm Beach
County and it is not within a designated annexation area for the City of Delray Beach. The
parcel is located along the north boundary of the City of Delray Beach to the east of Inter-State
95. This parcel has been recently de-annexed from the City of Boynton Beach, and is being
processed as a privately initiated voluntary annexation. Annexation of the property does not
specifically require the parcels to be in a designated future annexation area although it is
preferable. Therefore, annexation of the territory is consistent with Future Land Use Element
Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as
the opportunities arise.
CONCURRENCY:
Provision of Services: The provision of services to the subject property has been discussed
previously under the "Future Land Use Map Amendment Analysis" section of this report.
Financial Impacts:
Effect uoon Annexed Prooerty:
Planning and Zoning Board ME' ~g of August 21,2006 Staff Report
2200Lake Drive - Annexation WI,(l Initial Zoning of R-1-AA and Small-Scale I" ...LJM Amendment of LD
Page 7
The following table depicts the current assessed value and total (City of Boynton Beach)
taxes for the subject property: Boynton Tax base has been applied as they are the most
recent to be applied and paid
For the 2005/2006 tax year the subject property had an assessed value of $479,143. With
the change from City of Boynton Beach to City of Delray Beach jurisdiction, the following
taxes and rates will be affected:
2200 LAKE DRIVE ANNEXATION
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City of Boynton Beach 3,594.57 7.50208184 DELETE 0.00 0.000000
City Debt 62.29 0.13000294 DELETE 0.00 0.000000
Florida Inland Navegation 18.45 0.03850625 18.45 0.038506
Health Care District 517.47 1.079991 517.47 1.079991
Palm Beach County 2,132.19 4.45000762 2,132.19 4.450008
Palm Beach County Debt 128.99 0.26920982 128.99 0.269210
Children Service Council 329.99 0.6887088 329.99 0.688709
Public Schools Debt Servo 106.37 0.22200053 106.37 0.222001
Public Schools Lac. Board 1,271.65 2.65400935 1,271.65 2.654009
Public Schools State Law 2,505.92 4.731218 2,505.92 4.731218
SFWMD District 286.05 0.5970034 303.65 0.597003
SFWMD Everglades Canst. 47.91 0.5970034 ADDED 47.91 0.597003
City of Delray Beach 7.466100 3,577.33 7.466100
City of Delray Beach Debt 0.533900 255.81 0.533900
'. SOa..TOTAL: 11'iPP~~Q!i ~~;9!)9"~ .:....i~!<<~rltij~~1 ".'.e' "i:.'.:;3
* Total tax millage in the City of Boynton Beach is 22.9597 mills while in the city the total
millage is 23.3276 mills. Therefore the difference is 0.3679 mills.
The current yearly ad valorem taxes are $11,001.85 With annexation the yearly ad valorem
taxes will be $11,177.28, (11,001.85+75.43=11,177.28); a tax difference of $75.43. In
addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the structures, buildings, parking areas, etc. If the property is redeveloped
or is subdivided for residential purposes, an assessment of $54.00 per unit would be applied.
A 25% discount from the assessment is available since the property is within the Lake Worth
Drainage District. An additional 25% may be available if drainage is retained on site.
Solid Waste Authority - The City of Delray Beach currently provides garbage collection for
the subject property under a contract by Waste Management (pursuant to a contract awarded
Planning and Zoning Board M€ .g of August 21, 2006 Staff Report
2200Lake Drive - Annexation Wlln Initial Zoning of R-1-AA and Small-Scale t"L.UM Amendment of LD
Page 8
October 1, 2003). Pursuant to Florida Statute 171.062 (4) (a) " if a party has an exclusive
franchise which is in effect for at least six months prior to the initiation of an annexation, the
franchise may continue to provide such services to the annexed area for five years or the
remainder of the franchise term whichever is shorter". Thus, the waste service provider will
not change with annexation.
Resulting Impacts to the Property Owner:
+ $97.67
AD VALOREM TAXES 2005
. City Mills. Boynton Beach Mills
23.32766 22.95974 =
NON AD VALOREM TAXES 2004
Stormwater Assessment
Solid Waste Collection
WATER & SEWER UTILITY FEES
ANNUAL FINANCIAL IMPACT:
0.3679
$54.00
$42.24
$0.00
+ $193.91
Fire Response
+
Faster response from an estimated 5.5
minutes Count to 2.5 minutes Cit .
Faster response from an estimated 5.5
minutes Count to 2.5 minutes (Cit .
Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 atroll cars durin the ni ht.
Pro-active vs reactive opportunity to work
with ro ert owners.
Emergency Medical
Services EMS
Police
+
+
Code Enforcement
+
Fiscal Impacts to the Citv: At the 2004/2005 City operating millage of 7.4661 mills and debt
rate of 0.5339 mills, the property will generate approximately $3.887.14 in new ad valorem
taxes per year. With future development, additional revenues will be realized through
increased assessment value, building permit fees, the annual collection of the storm water
assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on
electric, telephone, and cable.
AD VALOREM TAXES 2005
City of Delray Beach 7.4661 Mills $3,577 .33
Citv of DelravBeach Debt 0.5339 Mills $255.81
SUB-TOTAL $3,833.14
NON-AD VALOREM TAXES
Storm Water Utilitv (1 Unit (Ci2 $54) $54.00
SUB-TOTAL $3.887.14
PARK AND RECREATION IMPACT FEE
$500 per unit $0.00
TOTAL $3,887.14
Fiscal Impacts to the City: At the 2004/2005 City operating millage of 7.4661 mills and debt
rate of 0.5339 mills, the property will generate approximately $3.887.14 in new ad valorem
Planning and Zoning Board M€g of August 21,2006 Staff Report
2200Lake Drive - Annexation WllIl Initial Zoning of R-1-AA and Small-Scale t-LuM Amendment of LD
Page 9
taxes per year. With future development, additional revenues will be realized through
increased assessment value, building permit fees, the annual collection of the storm water
assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on
electric, telephone, and cable.
I
ZONING ANALYSIS
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Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LDRs were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
The proposed City zoning designation is R-1-AA (Single Family Residential) while the current
County zoning designation is AR (Agricultural Residential).
The surrounding zoning designations are: City of Boynton Beach Open Space (Lake Ida) to
the west; City of Delray Beach R-1-AA to the east; City of Boynton Beach R-1-AA (Single
Family Residential) to the north; and City of Delray Beach R-1-AA (Single Family Residential)
to the south.
COMPREHENSIVE PLAN POLICIES:
Previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report.
REQUIRED FINDINGS: (Chapter 3)
Previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
CONSISTENCY: Compliance with the performance standards set forth in LDR Section
3.2.2, along with the required findings in LDR Section 2.4.5{D) (5), shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
Section 3.2.2 (Standards for Rezonino Actions): Standard "A", "B", "C", and "E" are not
applicable with respect to this rezoning request. The applicable performance standards
of Section 3.2.2 are as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The proposed Single Family Residential (R-1-AA) zoning district is consistent with the
proposed LD Land Use designation (Low Density Residential 0-5 du/ac). The LD (Low Density
Residential 0-5 du/ac) is typically applied to land which is developed or to be developed, at a
Planning and Zoning Board Mf 19 of August 21,2006 Staff Report
2200Lake Drive - Annexation ~..l1lnitial Zoning of R-1-AA and Small-Scale t ..OM Amendment of LD
Page 10
density of five units per acre or less. Given the adjacent development pattern it seems
appropriate to recommend a Future Land Use designation of LD (Low Density Residential 0-5
du/ac) and zoning of R-1-AA. Homeownership is a characteristic of this designation.
Consequently, compatibility with the abutting low density residential properties to the north,
east, and to the south (single family homes) is not a concern.
The following zoning designations and uses border the property:
North:
South:
Zoning Designation
Boynton Beach Open Space (OS)
Use
Lake Ida
Sin
Single Family Residence
Lake Ida
East:
West:
Single Family Residential (R-1-AA)
Section 2.4.5 (D) (5) eRezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the
rezoning fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
(a) That the zoning had previously been changed, or was originally established,
in error;
eb) That there has been a change in circumstances which make the current
zoning inappropriate; or
ec) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
Items "b" and "c" are the basis for which the rezoning should be granted. This property was
de-annexed from Boynton Beach (Ordinance No. 06-024) on March 21, 2006 (change in
circumstance). The request is associated with the annexation of the subject property which
requires that a City zoning designation be applied. The R-1-AA is appropriate as it is
consistent with the County LR-1 (Low Residential 1 du/ac) and the proposed City Low Density
Residential 0-5 du/ac (LD) land use designations. Based upon the above, this request does
fulfill two of the reasons identified under LOR Section 2.4.5(0) (5).
I'
',. .j
REVIEW B1Y OTH'ERS
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The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority eDDA).
Palm Beach County Notice: On July 25,2006, the Palm Beach County Planning Division was
notified of the City's intent to annex this property. While a response has not yet been received,
no opposition is anticipated.
Planning and Zoning Board Me g of August 21,2006 Staff Report
2200Lake Drive - Annexation wlullnitial Zoning of R-1-AA and Small-Scale f-LuM Amendment of LD
Page 11
Lake Worth Drainaae District: On July25, 2006 Lake Worth Drainage District was notified of
the City's intent to annex this property. A response has not yet been received.
IPARC Notice: On July25, 2006, notice of the Future Land Use Amendment has also been
provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the
information to adjacent municipalities. No opposition has been noted.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
. Jer Franciosa, PROD
. Carol n Zimmerman, Presidents Council
JoAnn Peart
Nei hborhood Adviso Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Additional letters of support or objection, if any, will be presented at the Planning and
Zoning Board meeting.
I^q .
",ASSESSMENT::AND'-(:;ONCLlJS10N .
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The City's Low Density Land Use category is consistent with the County's LR-1 (Low
Residential 1 du/ac) designation in that Low Density Residential development is allowed. The
application of an initial zoning designation of R-1-AA is compatible with the surrounding
development pattern and is consistent with the proposed FLUM designation, and is similar to
the zoning categories assigned to properties to the east and south of the subject property.
Based upon the above, the proposed Future Land Use Map Amendment and associated
Rezoning application should be approved.
The annexation will provide with better Police, Fire, EMS and Code Enforcement services.
The property will not experience a significant increase in ad valorem taxes. Upon
redevelopment of the property a recreational impact fee may apply.
The City will receive additional revenue from property taxes, in addition to storm water
assessment fees, utility taxes, franchise fees, and licensing fees. The total immediate revenue
to the City results in approximately $3,887.14, a year.
L..:'" .
. AL TERNA;r:IVEACTIONS'
.... ,_ " .".. ":_ _,,-.:_ ,:,,::,,::_,_,:~:~:'>:'.::" ;:...;J>.:'...." .\.. .::,./!>.,' ':' ;.', i'.:-r~"::' ':0:. d ""..
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A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the FLUM Amendment
from County LR-1 (Low Residential 1 du/ac) to City LD (Low Density Residential 0-5
du/ac), and the initial zoning designation of R-1-AA (Single Family Residential 0-5 du/ac)
for the subject property, by adopting the findings of fact and law contained in the staff
report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and
3.2.2 of the Land Development Regulations.
Planning and Zoning Board Me 9 of August 21,2006 Staff Report
2200Lake Drive - Annexation Willi Initial Zoning of R-1-AA and Small-Scale h.JM Amendment of LD
Page 12
C. Move a recommendation of denial to the City Commission for the FLUM Amendment from
County LR-1 (Low Residential 1 du/ac) to City LD (Low Density Residential 0-5 du/ac), and
the initial zoning designation of R-1-M (Single Family Residential 0-5 du/ac) for the
subject property, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan, and does not meet
the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
RECQMMENDEO ACTION
,', . .:" :1
Move a recommendation of approval to the City Commission for the FLUM Amendment from
County LR-1 to City LD (Low Density Residential 0-5 du/ac), and the initial zoning designation
of R-1-M (Single Family Residential 0-5 du/ac) for the subject property, by adopting the
findings of fact and law contained in the staff report, and finding that the request is consistent
with the Comprehensive Plan; and does meet the criteria set forth in Sections 2.4.5(D) (5),
3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments: Location Map
Staff Reporl Prepared by: Estelio Breto, Senior Planner
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EXISTING ZONING DESIGNATIONS
CITY OF OELRAY BEACH. FL
PLANNING & ZONING DEPARTMENT
II SUBJECT PROPERTY
-- DIGITAL BASE MAP SYSTEM --
MAP REF: L.M948
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tJ!I\
AGENDA ITEM # 10. C - REGULAR MEETING OF JANUARY 16.2007
ORDINANCE NO. 4-07
TO:
SUBJECT:
DATE:
JANUARY 12, 2007
This ordinance is before Commission for second reading and quasijudicial hearing for a Future Land
Use Map amendment (small-scale) from County LR-3 (Low Density Residential 3 du/ac) to City TRN
(Transitional) and rezoning from CG /SE (Commercial General/Special Exception) to City zoning of
SAD (Special Activities District) for a 0.99 acre property, to be known as Robotic Space Savers
located at the southwest comer of Conklin Drive and Military TraiL
At the first reading on January 2, 2007, the Commission passed Ordinance No. 4-07.
Recommend approval of Ordinance No. 4-07 on second and final reading.
S:\City Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 4-07 Rezoning for Robotic Space Savers at Conklin Dr and Military Td Ot.16.07.doc
t?<
oJ1
TO:
THRU:
D~lA
PAUL DORLlNG, A
CITY MANAGER
, DIRECTOR OF PLANNING AND ZONING
FROM: ESTELlO BRETO, ENIOR PLANNER
SUBJECT: MEETING OF JANUARY 2, 2007
FUTURE LAND USE MAP AMENDMENT FROM COUNTY LR-3 (LOW
RESIDENTIAL - 3 DUlAC) TO CITY TRN (TRANSITIONAL), AND REZONING
FROM COUNTY CG/SE (COMMERCIAL GENERAL/SPECIAL EXCEPTION)
TO CITY SAD (SPECIAL ACTIVITIES DISTRICT) FOR A 0.99 ACRE
PROPERTY LOCATED ON THE SOUTHWEST CORNER OF MILITARY
TRAIL AND CONKLIN DRIVE
The 0.99 acre property has a County CG/SE (Commercial General/Special Exception) zoning
designation. The property is currently vacant and the applicant is proposing to build a 3-story
self storage building with associated parking and landscaping. The Property was annexed into
the City of Delray Beach via Ordinance 5-06 on July 25, 2006. This Ordinance included a small
scale FLUM amendment and zoning. However, the State of Florida, Department of Community
Affairs has objected to this part of the Ordinance, as it was enacted prior to the adoption of the
EAR (Evaluation and Appraisal Report) on October 23, 2006. To address this issue, we are re-
adopting the small scale amendment and rezoning at this time.
The Special Activities District (SAD) is a unique zoning district which requires submittal of a
development plan concurrently with the establishment of the SAD. The LDRs allow two
alternative approval processes. The first requires processing of a complete site and
development plan with at least preliminary engineering plans. The alternative process allows the
proposed SAD to proceed to first reading based on a design submission, and prior to second
reading, requires that the site development plan (including landscaping and architectural plans)
be approved by the SPRAB Board. The applicant chose the second alternative for this
application and on May 24, 2006, a site plan was reviewed and denied by the Site Plan Review
and Appearance Board (SPRAB). On July 25, 2006, the City Commission approved Ordinance
#5-06 annexing the subject property into the City of Delray Beach, and during this same
meeting the City Commission heard the appeal for Robotic Space Savers and overturned the
SPRAB denial of the Class V site plan, landscape plan, and architectural elevations. Positive
findings for these actions were made by the City Commission at this meeting.
Approve on first reading Ordinance No. 4-07 for FLUM amendment from County LR-3 (Low
Residential - 3 du/ac) to City (TRN) Transitional, and rezoning from County CG/SE
(Commercial General/Special Exception) to City SAD (Special Activities District), based upon
the findings of fact and law contained in the staff report, and findings that the request is
consistent with the Comprehensive Plan and meets criteria set forth in LOR Sections
2.4.5.(0)(5) (Reasons for Rezoning), Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LOR Section 3.1.1 (Required Findings) and
3.2.2 of the Land Development Regulations, and set a second reading date for January 16,
2007.
Attachment:
· Proposed Ordinance No. 4-07
· Planning & Zoning Staff Report of January 23, 2006
1~.1)
ORDINANCE N0.4-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM COUNTY LR-3 (LOW RESIDENTIAL - 3 DU/AC); TO
TRN (TRANSITIONAL), ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING
LAND PRESENTLY ZONED COUNTY CG/SE (COMMERCIAL
GENERAL/SPECIAL EXCEPTION) TO SPECIAL ACTIVITIES
DISTRICT (SAD) DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED AT THE SOUTHWEST CORNER OF CONKLIN
DRIVE AND MILITARY TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Boynton Properties LLC, is the fee simple owner of a 0.99 acre parcel of land
located at the southwest corner of Conklin Drive and Military Trail; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation of County LR-3 (Low Residential -3 dulac); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from County LR-3 (Low Residential-3 dulac) to TRN (Transitional); and
WHEREAS, the property hereinafter described has a zoning classification of County CG/SE
(Commercial General/Special Exception); and
WHEREAS, at its meeting of January 23,2006, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to
o that the requests be denied, based upon a failure to make positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are not consistent with and do
not further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Future Land Use Map designation of the subject property is hereby
officially affixed as TRN (Transitional).
Section 3. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of Special Activities District (SAD)
Zoning District for the following described property:
Lots 1 through 4, inclusive, Block 2, "Rockland Park" as per the Plat thereof on file in the Office of
the Clerk of the Circuit Court in and for Palm Beach County, Florida as recorded in Plat Book 24,
Page 23.
Less the Following:
A portion of said Lot 1, as described in the right-of-way deed recorded in Official Records Book
3362, Page 9, Palm Beach County Records.
And Less the Following:
A portion of said Lot 1, as described in the right-of-way warranty deed recorded in Official Records
Book 5692, Page 1978, Palm Beach County Records.
Section 5. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 4 hereof.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
2
ORD NO. 4-07
Section 7. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 8. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard
Oaks Boulevard, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of ,200_
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD NO. 4-07
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
January 23, 2006
III.C .
Future Land Use Map (FLUM) Amendment from LR-3 (Low Residential - 3 units/acre
Palm Beach County) to TRN (Transitional) and rezoning from CG/SE (Commercial
General ISpecial. Exception) to SAD (Special Activities Distriot) for a 0.99 acres
parcel located onthe southwest comer of Mil!tc}ry TrClil a!ld .C(:m~linQrive.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant......................... AdeleC. Tartza'
Agent. .............. ........... ..... .... ....... Weiner & Aronson,PA
Location...................................... Southwest corner of Military
and Conklin Drive.
Property Size...................."....,.., 0.99 Acres
Existing County Future Land Use
Map Designation .................,...... LR~3-8(Low Residential- 3
units/acre)
Proposed City Future Land Use
Map Designation.........................
Existing County Zoning...............
Proposed City Zoning.................
Adjacent Zoning................North:
East:
South:
West:
Existing Land Use......................
Proposed Land Use....................
Water Service... ........ ..... .............
Sewer Service... .... ................. .....
TRN (Transitronal)
CG/SE (Commercial General
Special Exception)
SAD (Special Activities District)
Automotive Commercial (AC)
Residential Medium Density (RM)
Multiple Family Residential -. Low
Density (LD)
Palm Beach County Agricultural
Residential (AR)
Vacant
Safe and Secure self storage
facility .
12" water main located along
Military Trail, and also via an
existing 8" main located on the
east side of thE;! subject IJroperty.
Sewer service is available via
connection to a 8" sewer main
located along -Military Trail, and
also via an existing 8" sewer main
located on the east side of the
subject. "\
LAKE
CANAL
l-32
WA TKINS
MOTOR UNES
~
fl. W. 'JRO Sf.
EXTRA 'CLOSET
STORAGE
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::)
o
(I)
POST
OFRCE
BOYS
FARMf:RS
MARKET
SHOPPES
OF
OELRAY
TRAILS E
P
~ "0' ~:~' -," ~ C" ''-'--l~~IT;j;,~;;:-,;2~~c:;)j=;;;--rtr~-;~';\f;;;.~";~,-=-~::-', '~-,~__='---"7-, ~"::::;:~::-:;::o-----=----"l
- . - ',-:;:",;':!" ';, -, ,',,' ,2~~JJl5!:1lJJ .?,5.,;;IF\,9,!\~, U~~~~~, - " ,,:, '-J"~'l:"(' :'\?:i_'" :~
''''' '.;;<v~./b';:, ;t._..v':..:.." .;",. ,..0,l{_ -.. -,- ....., . '""'" _- "'.., ;;:- -'w~ .... - I "" ~A.' ~.....,.__y;;' , -"~,,,.~_.. ~_......"- ~ ~= ~ """ f.~"-",,. ~ '" , ,_ 1",*,,,1", Y...= T;h'\,i: Z .',.),.4: " ~ ,..J;_~r-,~~j\ ~ ~ ""~ "'~. ~
The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored Voluntary Annexation, Small Scale Future Land Use Map (FLUM)
Amendment from LR-3 (Low Residential - 3 units/acre Palm Beach County) to TRN
(Transitional) and rezoning from CG/SE (Commercial General/Special Exception) to SAD
(Special Activities District) for a 0.99 acres parcel located on the west side of Military Trail
approximately 2010' south of Lake Ida Road.
Pursuant to Land Development Regulations eLDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with fespect to Annexation, FLUM amendments and Rezonings of any property
within the City.
The subject property is 0.99 acres located on the south side of Conklin Drive and to the south
of ,Tire Kingdom with frpntage on Military Trail. The property is bound to the south by Sierra
Vista attached single family homes. To the west, the property is bound by the Rpckland Park
subdivision containing single family homes located along Conklin Drive; and to the east (across
Military Trail) by the High Point of Delray East Condo development. The subject property is
currently vacant and th~ applicant is proppsing to build a 3-story self storage building with
associated parking and landscaping.
The subject property is Lots 1, 2, 3, and 4, Block 2, Rockland Park. Previous 'deVeloPrTlent
activity includes approval of a special exception with the County via Resolution No. 80-836
which ,modified the, zoning from AG, (Agricultural District) to CS ,,(SpecJalize~ Comme,rcial
District) for the four (4) lots. Resolution No. 80-837 approved on June 24, 1980 bYJfleBoard of
County Commissioners allowed the construction of a funeral home on the property with certain
conditions including right-of-way dedications, landscaping anti a (X)ntribution for a signal. This
development was never constructed. .
The subject propertyoontinuesto be under the Jurisdiction of PalmB~achCountybut lsin a
designated annexatibnarea for the City of Del ray Beach. Th'e Cityhas"an Advisory land ,use
designation of MD (Medium Density Residential) on the property that allpws for. reside'ritial
development' with, a density between five and twelve units, per acre. Th~ applicant. is see~ing
City Water and is contiguous to the City limits to the east and nortfl. The Commission policY is
that properties that are contiguous and request Cityservicesmyst annex intp the City to r~ceive'
these services. .
An application is now before the Board regarding a Voluntary Annexation, FLUM Amendment
from County LR-3 to City GC and a Rezoning from CG/SE to SAD. The ~nalysis will first
include analysis of the Future Land Use.
Current Land Use Desianation: The current County land us~ map designation fOf the property
is County' LR-3' (Low Residential - 3 du/ac). The current City Advisory designation is MD
(Medium Density Residential).
Requested Land Use DesiQnation: The requested Future Land Use Designation is to City
TRN (Transitional).
Planning and Zoning Board f 'f Rep< 'deeting of 01/23/06
Robotic Space Savers - Ann<<:..__tion, FlUM, and Rezoning
Page 2
Florida Statutes 163.3187 - Small Scale land Use Map Amendments: This Future Land
Use Map Amendment is being processed as small scale development pursuant to Florida
Statues 163.3187. This statutes states that any local government comprehensive land use
amendments directly related to proposed small scale development activities may be approved
without regard to statutory limits on the frequency of consideration of amendment (twice a
year), subject to the following conditions:
· The amendment does not exceed 10 acres of land;
· The cumulative effect of the amendments processed under this section shall not exceed
120 acres within designated redevelopment and traffic concurrency exception areas, or 60
acres annually in areas lying outside the designated areas; and,
· The proposed amendn1enf does not involve the same property, or the same owner's
. property within 200' feet of property, granted a change within a period of twelve months.
. That if the proposed amendment involves a residential land use, the residentiallalid use
has a density of 10 units or less per acre except for properties that are pesignated in the
Comprehensive Plan for urbaninfill, urban redevelopment, or downtown revitalization;
· . The proposed amehdment does not involve a text change to the ,gOals. policies, ,and
objectives of the local government's comprehensive plan, bufonly proposes alandlJse
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 amendrTlent is notJocat~d, VV'it~in an area of:
critiCal state COncern. ' , " .
, '". ' '" ," '. ",f-" ". ' .' " ' , '.
The Future Land Use Map amendment involves a 0.99 acre area, thus the total area is less
than the 10 acre maximum. The property is not located within'a design~ted redevelopment area
or traffic concurrency exception area. This, amendment aloog wi.th other small-scale amendment
processed this year" outside the designated areas" will not exceed 60 acres,. For tl"le2QOp y.~ar
0.0 acres have been supject to tl"le small scaie amendment prqCe~saridtl"lis 0.99 acres.will
make a total of 0.99 acres. This property has not previously, been considered for a land u~e
amendment nor has the same property owner's properties been grf3nt~d, a,Iand. use.f;,hang.e
within 200' feet, within the. last, year. The amendment does not invoive a text change to the
Comprehensive Plan and it is notlocated within an area of critical state concern. Given the
above, the proposed FLUM amendment meets the criteria of FS. 163.3187 and can be
considered as a small scale amendment.
However, pursuant to 163,3187 (6)(a), no amendments rnay be made to the, Comprehensfye
Plan after the date established by the State (January 1 ~ 2006) unless it (the City) has submitted
itsE\jal.uation and Appraisal 'Report {EAR)."To date ,', the ,City has n()!.submit~ed itS.EARreport
and does not anticipate submitting until June of'2006.Given this fact approval of this
amendment by the State is unlikely. After submission of the Evaluation and Appraisal Report
the City can submit pursuant to F.S.163.3187(6)(g) amendments for up to one year before
required submittal of any EAR based amendments. Consequently, while the requested
annexation can be considered the application of a City Future Land Use designation will be
delayed. Pursuant to Florida Statute the property can be annexed and the County Land Use
and Zoning designation would remain in force until such time as the amendments are accepted
by the state. Even if the state will process the amendment it would not go forward with a
possible recommendation. The proposed amendment to Transitional (TRN) appears to be
Planning and Zoning Board Sti .epc J1eeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 3
,.
incompatible with the City of Delray Beach Advisory land use designation MD (Medium Density
Residential) which allows for residential development with a density between five and twelve
units per acre. The TRN (Transitional) land use designation is being proposed concurrently
with a request for annexation and initial zoning of SAD to accommodate a 4-story self-storage
building. This type of facility is also not consistent with the predominant residential pattern of
development in the area.
land Use Analysis:
Consistency Between the CitY and County Land Use DesiQnations:
The proposed City Advisory Land Use Map Designation for the property is MD (Medium Density
Residential). The existing County Future.. Land Use Map Designation. for. the.. property is LR-3
(Low Residential - 3 dufac). The City's MD Land Use Designation is consistent with the
County's LR-3 designation in that Low and Medium Density Residential development is allowed.
The proposed Land Use Designation of TRN (Transitional) while allowing both residential, office
and limited commercial is not consistent with. the current City Advisory Land Use designation
MD nor the County's current designation of LR-3. The Transitional land use designation does
allows the establishment of uses which.are compatible with adjacent residential Uses i.e.
residential uses,however, these can more appropriately be accommodated by applying" the
advisory designation of MD. The proposed land use designation TRN (Transitional), would allow
uses that !=Ire not consistent with the prevailing residential development pattern to the; south,
east, and west of the subject property. The proposed4-story self storage building proposed
under the SAD. ordinance is not an appropriate use ..and is . alsq... inconsistent with the City
Adyisory Land Use designation MD.
Further a rezoning to SAD (Special Activities District) is inappropriate given the purpose and
intent statement of the SAD District which is to provide a zoning district for projects which are
not otherwise classified or categorized in other zone districts. The zoning designations which
would accommodate thepropPsed self storage use would be industrial designations such as LI
(Light Industrial)andMIC(Mixed, Il)ldustrial and Commercial) and limited GC(General
Commercial). Given this site locations ano existing developmentpatternland use designations
of which would allow commerciaLor industrial development would be Clearly 'inappropriate.
Adiacent land Use Map DesiQnations. ZoninQ DesiQnations and Land Uses:
The following zoning oesignationsand uses.ablitthe subject property:
I
Zoning Designation
Automotive Commercial (AC)
Multiple Family Residential - Low Density
LD
Use
North:
Tire Kingdom Auto Repair FflCility
South:
Sierra Vista Multiple FalTlily Subdivision
East:
Residential Medium Density (RM)
High Point of Delray East (Condo
Development)
Rockland Park Single Family
Subdivision Alon Conklin Drive
West:
Palm Beach County Agricultural Residential
AR
North: North of the subject property, has a City land use designation of GC (General
Commercial) and is zoned GC (General Commercial). The property is developed and contains
Tire Kingdom Brake and Auto Repair Facility.
Planning and Zoning Board f Of Repc Jleeting of 01/23/06
Robotic Space Savers - Anm,. .~tion, FLUM, and Rezoning
Page 4
\
South: To the south, has a City land use designation of MD (Medium Density Residential), and
is zoned LD (Multiple Family Residential Development - Low Density). The property is
developed and contains a multiple family subdivision Known as Sierra Vista.
West: The abutting property to the west has a Palm Beach County land use designation of Low
Residential 3 - dulac (LR-3) with an advisory land use designation of MD (Residential Medium
Density). The property is zoned County Agricultural Residential (AR). The existing land use is
a single family subdivision located along the perimeter of Conklin Drive.
East: East of the property (across Military Trail) has a City land use designation of MD
(Medium Density Residential) 5-12 du/ae) and is zoned RM (Residential Medium Density). The
property to the east is known as High Point of DelrayEast Condo development.
It. is noted, that north of the subject property has a City Land Use Designation of CG
(Commercial General) and is zonedGC (General commercial). The property is developed and
contains an auto-repair and tire installation Jacility known as Tire Kingdom. Tire Kingdon1was'
established by Resolution No.R-85-394 approved on March 5, 1985 by the Board of County
Commissioners of Palm Beach County and annexed into the City With Ordil1ance# 65104
approved by the City Commission at its meeting of November 16,2004.AlthoughTire Kingdom
facility is not consistent with. the existing development pattern in the area it was given ':a City
Land Use designation of General Commercial to avoid creating a non-conforming struCture that
has been in operation since March 5,1985.Giventhe adjacent development pattern to the west
and south the advisory designation of MD is mOre appropriate. Therefore, a 'Future Land Use
Map designation of Transitional (TRN) and rezoning of Special Activities District (SAD) cannot
be supported.
;;1-
Under the proposed > SAD (Special Activities District)zOnihg designation all alloweduses are
establish at the time of the establishment of the SAD zoning designation. . WhileSADz6ning.is
deemed Consistent with any. land use designation on the Future Land Use Map,. the use~
allowed within. a specific SAD shall be consistent with the land use category shown on the
Future Land Use Map. The uses, activities, and characteristics of a SAD are to be consist~nt
with the ComprehensivePlan,suit~ble and compatible with surrounding existing development,
and with the proposed character of the area. The Transitional land use designation is no~
consistent with the proposedindustriallcommercial development.. proposed under the SAD'
Ordinance. The Transitional land use category is not consistent with the MIC, 1I,GCzoning
districts which currently allow self storage uses.
Further, the proposed use is not. consistent with the adjacent development pattern to the south,
east, and west of the subject property. The proposed 4-storyself storage facility atthe gate of a
single family subdivision creates concerns with respect to compatibility with the existing
residential development, and its potential to negatively impact the character of the area.
Further, .' application of the SAD zoning designation is inappropriate given the intent of the
district which is to provide a zone district appropriate for projects which are not otherwise
classified or categorized in other zone districts. This use is classified and categorized in the
MIC, 1I and limited GC zoning district. To accommodate this type of use would require a land
use category of Commerce, Industrial or General Commercial and zoning of Mixed Industrial
and Commercial or General Commercial. Given the predominant residential nature of the
adjacent land uses if these designations were requested they would clearly be found
inappropriate
Planning and Zoning Board Stc .ep Meeting of 01/23/06
Robotic Space Savers - Annexation, FLlJM, and Rezoning .
Page 5
REQUIRED FINDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain
findings must be made in a form which ispatt 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 develqpment application. These findings relate to
the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency,. and
Cqmpliance with the Land Development Regulations.
o Future Land Use Map: The resulting useofland orstl"llctute~ must be aUowedin.the
zoning district within which. the land is situated and said zoning mu~t be consistent
. with the applicable land use designation as shown on the Future Land Use Map.
PursuCint. ~o Land D~velopment Regulations.$ection. 3.1,:1 (A) (Future Land Use. Map), all
land uses and resulting structures must be. allowed in the zoning district within Which the
land is situated. and said zoning mustbeconsis!tent with.the .Iand use designation as ;shown
on the Future LandLJ~e Map.
While the SAD zoning may be consistent with the propos~d' land use designation the
resulting. uses are to be compatible with surrounding eXisting development and charaCter of
th~. area~The resulting uses are, not consistent with th~. adjacent development pattern to the
south, east, and west ofthesubjectpr,pperty, nor the residential character of thear;ea.
Based on the above, positive findingsgannot be ma<;f~with respectto FLUMconsistenCV. .
aConcul"r~ncy: [)eVeloprfienfatthe'high'eslin,tensit~ possible under 'th~~~qUested
de~igm)~ion can meet the adoptedconcurren,cystandards;
The proposal involves amending the FLUM designation from LR..3 to TRN (Transitional) on
a site, approximately 0.99 of an acre. . The proposed FLUMAmendmentto accommod,Cilte a
storage facility will resulf in an increasei,ll sOme impacts onadopted'(X)lJc~rr~nsy~taf1dards.
'.concurrency findings withresf)ect. to' Parks' and Recreation, Schools, Solid' Waste, Traffic,
Water and Sewer are discussed below:
Solid Waste: The proposed 4-story building with 70,200 square feet of s,elf storage floor
area generates 23.99 tons of solid wasteperyear(70~200sq.ftx 5.2.l2,OO(),lbs. = 36q,.o40
Ibs or 182.52 tons). This amount of solid waste can be accommodated by existing facilities
and thus, will not have a significant irnpact on this level of service standard. The Solid
Waste Authority has indicated that its fqcilitieshave sufficient capacity to hanQle all
development proposals and existing facil.ities tiUthe .year 2024.
Water: Municipal water service is"avaHablevi~,co~"ectiOI1 tqa 12" w~ter main Iqcated
. along Militc,lrY Trail, and also via an existing 8" mC)in I()cated on the eC:lst side of the sUl)ject
property. Pursuant to the Comprehensive Plan, treatrnent capacity is available at the City's
Water Treatment Plant at build-out.
Sewer: Sewer service is available via connection to a 8" sewer main located along Military
Trail, and also via an existing 8" sewer main located on the east side of the subject property
draining to a lift station at the southeast corner of the Tire Kingdom site. Pursuant to the
Comprehensive Plan, treatment capacity is available at the South Central' County Waste
Water Treatment Plant for the City at build-out.
Planning and Zoning Board r 'f Rep(~eeting of 01/23/06
Robotic Space Savers - Anne~dtion, FLUM, and Rezoning
Page 6
o Consistency: The requested designatian is cansistent with the gaals, abjectives and
policies of the mast recently adapted Camprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future. . .Land Use Element Policv A-1.7: Amendments to the FLUM must bebas~c(
upon the findings listed below, and mu~t be supparted by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is arieedfor the requested land use. The need must
be based upon circumstances such as. shifts in demOgraphic trends, cha'ngesin the
availability af land, changes in the existing character and FLOM designations afthe
surrounding area, fulfi.llment af a. camprehensive plan objective ar pali<:y, arinexatia.rl
into the municip"lboundaries, qr, simil"r circumstances.. The .needmu~t< be
. supparted by data and analysis verifying the changing demqgraphics or ather
circumstances. This requirement shall not apply to requests for the FLUM
designatians ,ofCanservation or Hecreationand Open Space; nor shall it apply to
FLUM changes assaciated with.' annexations when the City's Advisory 'FLUM
designatiands' being applied, or when therequesteddesignatian is ofa similar
intensity to the Advisory designatian. Hawever, the'. findingsdescl"ibed in the
remainder of this policy must be addressed with all FLUM amendments.
No, data and analysis has been provided by the applicant to support tHi~amendhient.
Therefore a. positive .findingeanhot off made... While. the....applicantmaY';assettthat'the
proposed Transitional designation is . ofasimilarintensity asthe. advisoryMDthis is notthe
case since thetransitionardesignatibn allows office and limited commerdalusesin addition
to residential uses. Further by utilizing.th~ sAC? orQinapc~"W()gess the ,~PP,ljca.nl,;will
introduce' industrial Of commercial type uses. 'to ~he.site. .~sprevi()l.I$lystClJ~P office
commercial and industrial uses are inconsistent with the predominantly residential' character
of the adjacent properties.
'Future' Land Use. Elemen'tObiective 'A:'(:,Praper.ty shalib,e deve'Joped, ar (~d~,,~loped
in a manner .sa tbatthe future. L!$(;) ~ndi.lJ,tensity is.apprapriateinter:msat ,$,oil,
tapagraphicand other applicable physiciJl can~ideratians; is complimentary' to.
adjacent land uses; and fulfills remaining land use needs.
. .' T~esubject property is vacant,ahd does I1pt~ave any, unique eqvirQnmen!~Ic,hat~cteristics
that would prohibit development of the site or r~~uire mitigatipn measures. Thesqbject
'property, if developed as a self storage facility will not b~ complimentaryJo the adjacent
uses located to the south and west (Sierra Vi~ta and Rpckland park singlefa.rnily
subdivision along Conklin Drive). The proposed.self storage facility wiH be more appropriate
in a MIC (Mixed Industrial Commercial) or LI (Ught Industrial) zoning Districts.
COn,'lpatibility-- The requesteddesignatioh w.mbe compatible,.withthe existill9 and
futurelalid uses af the surraunding area.
As described previously, the TRN (Transitional) land use designation allows the introduction
of uses that are not compatib'le with the predominant residential character of adjacent
development.
Campliance -- Development under the requested designatian will comply with the
provisions and requirements af the Land Develapment Regulatians.
Planning and Zoning Board Stc. .ept Meeting of 01/23/06
Robotic Space Savers - Annexation, Ft.UM, and Rezoning
Page 7
The SAD is a unique district which requires submittal of a development plan concurrently
with the establishment of the SAD; This is required because unlike conventional zoning
designations some of the development standards are those which are set forth on' the site
and development plan. The LDRs allow two alternative approval process; the first requires
processing of a complete site and development plan with at lea$t preliminary engineering
plans. The second alternative processing option allows the proposed SAD to proceed to first
reading based on a design submission and prior to second reading requires that the site
development plan. including landscaping and architectural plans be approved by Planning
and Zoning Board and accompany rezoning request to the second reading request to City
Commission. The applicant has chosen. the second alternative for this application and the
following is an analysis of the associated sketch plan.
Pursuant to LOR Section 4.4.25 (D), the site plan submittal for the subject property shall
comply with the development standards as set forth in. Section 4.3.4 of the LDRs exceptas
. modified by the following requirements:
. .
1) A minirTlUmsetback of fifteen feet shall beestabl!shed aroun(j the perimeter.. of the
. property. ,Within thefront and any streetside setb<;lc~,the fifte~n f()ot(1~')~et,beiPI< eireei
sheill. .be.'a land~c.ape area and no pavement. shall be, (illowedthereiqexceptfof
pedestrian ways anddriveway~ (or streets) vyhich vyill provideaccessJo theproperty.anq
which are generally perpendicular to the abutting street.
2)getbClcKs for allinterior space~shallbeas seUorth on the site and devetQpmentplan,
. .
.. '; .'--..-:.
"perlm'eter Setbacks for SADs
PursuClntt() Section 4.4.,~~(O)(1l, ~ minin)Um setback ,of 15 feetshal,l be established around
the,.. perimete( of any. property developed 'lJn~er >the SAD Jifesignation. Within the front. and
any side .stree,t setback, a Hi f()ot SS;t()ackarea. shall; be a landscape setbacKare~and no
pavel1l~nt shall be.allowed thereinexpept for pedestrian ways and driveways which.' provide
ac~ss 'to. the prop~rtyand which ,are; g~nerally perpendicular to, theabutti~g'street.The
proposed building 10catiQriex~ectssthe.buildingsetback requirernel1ts. The.newbuild,ing
provides a 77' front, 20' side, and 25' rear setbacks.
ParkinQ
. The applicant has provided. sixteen (1 €i), parking spaces with one being; a handicap space.
Pursuant to LOR Section4.3.3(A)(2)(c), parking shall be provided at a rate. of one (1) space
per 5,000 S.F. of building floor area devoted to self-storage and accessory
management/administration uses. This requirement mClybe l11odified'cJl.!ring the site: plan
approval process if a sufficient number of storage units have direct vehicle access, and
internal driveways are designed toallow cLJstomers to safely park in frQntof their storage
unitvyithout impeding internal circulation.~asecJ. on ,the proposed site. .pl.anmodifi~tion a
totClI of 72,200 S.F of storage and office space, which equates toa total of 14 parking
required at one (1) per5,QOO S.F. The applicant has provided a total of 16 parking spaces
which exceeds the LDR requirement. '
Pursuant to 4.3.4(4}(6}(b)(6), Along Military Trail, from the L-38 Canal northward to the L-;30
Canal, a special landscape area shall be provided. This landscape area shall be the smaller
distance of either 30' or 10% of the average depth of the property; however, in no case shall
the landscape area be less than ten fe~t (10').
Planning and Zoning Board' 'f Repe iteeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 8
Pursuant to 4.3A(4)(J)(5), for special uses (not inCluding residential, commercial, or
industrial uses) which can only be accommodated through the use of the SAD (Special
Activities) District, the height limitations for suCh a use within any SAD shall be specifically
setforth in the enacting ordinance of that specific SAD, provided that the SAD falls within
one of the geographical areas described in Subsection 4.3.4(J)(4)(i).
Pursuant to 4.4.25(E)(1), for the proposed Safe and, Secure storage facility the
" supplemental district regulations as setforth in Article 4.6 ofthe LDRs shalf apply. Parking
and loading requirements, (number of spaces) shall be as set forth on the site and
development plan. [Amd. Ord. 60-93 10112193]
Florida Statues GoverninQ VOluhtarvArtnexations:
.
Pursuant to the Florida Statutes 171.044 "the owner or owners ofrealpr9pertie;:; i!1 an
unincorporated area Of .the, County, which is contiguous to a, municipality and" reasonably
compact may petition the governing body ofsaid municipality thatsaidprope'rtybe Ginoexed to
the municipality". Pursuant toF. S.. 171.044 (5) "land shaUnot. be annexed through voluntary
annexation when such annexation'results in the creation of enclaves". .!' ')
Pursuant to F.S.171.031 (13), an"encl~ve" is(1)qny unincorporate~ irl1provedorc;1evelQped
area thatis enclosed within and bounded by a single municipality and arlatural dr man made
obstacle that alloliVs the passage of vehicular traffic to that uninGorporated,~refl only through
the municipality. ' .",' ',' ~ ;'
· The property is.' contiguous with the. City and ,r'easonabl}/" Compact. These"'pi:1rcel~ ,'nO(~he
remaining subdivision donottectmically, meef the definitionof'an,'encIClve-"'as,'theyare
contiguous', to the west with Highpbint which :is unde"f' County jurisdictiorl: How~ver'Vihlrethe
County has ~ot yet responded it is anticipated that they ViHl not'supportthe,al1nexati,on. as
, . the,' annexation' of '. this property' Will" require. that, County' personnel 'must drive' through the
City to provide services to the residents of the Rockland subdivision. ' ,
land Development ReQulations GoverninQ Annexations:
Pursuant to the Land Development Regulations 2.4.9(C)(1) "the owner of landmaysee~,the
annexation of, contiguous property, under his ownership" pursuant to Flori<:fa' Sta,tutes.' The
property owner has voluntarily petitioned for this annexation. '
CONSISTENCY WITH THE CITY 'S COMPREHENSIVE pLAN:
Desianated annexation'a:rea:The territory 'to "be annexed islocated\Vithin'th~ deSignated
annexation' area' (Area F) 'located on' the'vVest side "of' Military Trail 'north of AtlantiG AV~QlIe.
Annexation of the subject territory is consistent with' the Future Land Use E;lement poncy$''::3.5,
which calls for annexation of eligible properties through voluntary annexations as, the
opportunities arise.
CONCURRENCY:
Provision of Services: Future Land Use Element B-3.1 states that when annexation of
property occurs, services are to be provided in a manner which is consistent with services
Planning and Zoning Board St. .ep. Meeting of 01/23/06
Robotic Space Savers - Annexation, Fl...lIM, and Rezoning
Page 9
provided to other similqr prop~rtiesalreadyin the City. Following is a discussion of required
services and the manner in which they will be provided.
Police: The subject property is currently served by the Palm Beach County Sheriffs Office,
located at 345 South Congress Avenue, which serves the South County area. The property
lies within Sheriff Patrol zone 4. Zone 4is bordered by EI Clair Road on the west, the Atlantic
Ocean on the east, and Boynton Beach:onthe north and Atlantic Avenue to the south. One
officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray
Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the
day and 15 cars during the night; and as. a consequence, response time is, significantly
improved upon annexation. Annexation will not require additional manpower since the police
currently pass the property during routine patrolling to the north and east of the property.
Fire and Emeraencv Services: Themun'Cipal area is served by Fire StatioriNo.4.(Barwick
Road and Lake Ida Road). With annexation, the property will receive an improved response
time from the current 5.5 minutesoftheCounty's Fire. Department (FireStation#42 loqated on
Hagen Ranch Road .close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire
Station #4 lobated at Barwick andl;.ake Ida Road).
Water and Sewer: City services regarding water and sewer have previously been discussed
'under Future Land Use Analysis section of this report.
Streets: Ttae subject property has direct access.Jo Military Trail ,which is. uncier the JWis.q.iGtion
of Palm Beact1Cpunty; .., The jurisdic.tional. responsibility immediately adjacent to the, prgperty
change with annexation qS both sidesof .the stree~, will be within the. City limits. ,HOWever,
associated road maintenance will not change upon annexation. . .
~-.:
EffeCt upon Ann'exed Property:
The f.ollowing table depicts the current assessed vcdue and total (County) t~xes fQrth~/sy~~~~,?t
property: ",' ,
'424614030020010
424614030020020
424614030020030
424614030020040
TOTAL
$22,650.00
$21,390.00
$21,390:00
$21,390.00
$86,820.00
19.07285 . 23.72$398
19.07433 23.725398
19.07433 23.725398
19.07433 23.725398
19.07395 23.725398
$537'~38
$507.49
$507.49
$507.49
$2,059.84
$1;0&:3$
$9~A~
$99.49
$99.49
$403.84
For the 2005 tax year the subject property (four parcels) had a combined assessed value of
$86,820. With the change from County to City jurisdiction, the following taxes and rates will be
affected:
Planning and Zoning Board ~ ~ Rept . Meeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 10
Fire/Rescue MSTU
Palm Beach County Lib.
Palm Beach Co.Lib.Debt
Florida Inland Navegation
Health Care District
Children Service Council
Palm Bea(;h County
Palm Bea(;h County Debt
. Public Schools Debt Servo
Public Schools Loc.Board
Public Schools State Law
SFWMD District
SFWMD Everglades Canst
City of DefraY Beach
City of Delray .Beach Debt.
;'"'m. ....m .:.s.:l,J:lif{~1ll.~Jr'~~~:5
296.06
49.07
5.20
3.33
93.76
59,79
361.36
, 23.3a
19.28
230.42
454.07
51.83
8.69
iI[:i~:"W~~~
3.199300 0.00 0.00
0.540000 0.0.0 0.00
0.040400 0.00 0.00
0.038500 3:33 0.469640
1.099969 ., 93.76 1.099969
0.300201 59.79 0.300201
4.500000 420.73 4.50.0000
0.267698 23.38 0.267698
0.274000 19.28 0.274000
2.591~90230.42 2.591990
4.900000 454.07 4.900000
0.510000 ' 51~~3 0;510000
0.811900 8.69 0.811900
7.469100 Ad~ed(City) $648.211.46610Q,
0.53390Q ,A.d~ed ,(City). $49.35.0.533900
[:[:l!,[im11It~~~~~~~! !QJff~~~n.~~l:!j mm~~~~~WR'! ;;[im.jj:[:m~~~~~"~~~.81
~!E~~!ll'~~~~[
..;, ,.
* Total tax mileage in the county is 19.0739 mills while.. in the city the total mileage is 23.7253mill$.Thereforethe
. difference is 4.2203 mills.
The 'bummt y~arly advalor(3rntqx(3s' are,$1,"~S6. Withqn~exation. th~ y,eady.ad vaiQret;1)/tax~~
Will. ~e. $2,05"9.84, (1656+403.'84=r2,059~84); a" ta" difference. of. $4Q3..84. . In addition,to
protierty taxes, the following Non fjd Valorem fi~cal responsibility will. a8ply: ,,' .
Delray Beach Storm Water Utility - This assessment is based upon th~,'p(3rcYrltag~Qf
impervious area of the buildings, parking areas, etc. A 25% discount from the "assess'meiifis
available since the property is within the Lake Worth Drainage District. An additional 25% i~
also available as drainage is retained on site. ' .
.,:1,"':," ,.,' ,'. . . - . .,
Solid Waste Authority -Tne Milital)' trail annexation ar~as are serviced unde~fl..nElW
contract by Waste Management (pursuant to a contract awarded Octbber 1, 2003). City's
COO:tract.. is. clJrrentlythrougQ'NC)stetv1an~gement., pu rSU<;l [)tto F.I orh:f a Stqtute '1]1~gp~;(~?'(~l"
if a <party . has arlexcl~sivefrai1phise .whiqf1 . isin.effecL forat)eas~six' montt)s".pripr )bt~e
initiation of an.annex~tioo, tQeJr~nchisemaycontinueto providesuchservicesto,th~Jlnn~,;<ed
area for five years or the.' remainder ofthefraochi.se. term whichev~r is. shorter": As the.waste
provider is currentlytfte same this annexation will have no impact. .
Resulting Impacts to the Property Owner:
Planning and Zoning Board St~ epe:; l4eeting of 01123106
Robotic Space Savers - AnnexatIon, FLUM, and Rezoning
Page 11
+
= 4.2203
$3713.39
$299.62
$0.00
+$1,081.85
Fire ,Response
+
F~st~r resPQnse. from an estimat~d~;5
minutes Coun ) to 2.5 minut~s (Ci ).
Faster response from an estimated 5.5
minut~s QQun to 2.5 minutes Ci .
BeUer respoqs~, based upon more officers
in field;J4 patroUcars p~,.shift d~ytime,
15 . atroll Gars, (f~ringJh~ nJght.
Pro-active vs reactive ()pportu'nity towork
with' roperty' oWners.
Emergency Medical
Services EMS
Police
+
+
Code.Enforcernent
+
Fiscallmoacts totheCitv: At the 2003/2004 City 9perating .milage of7.4661mill~ and debt rpte
'of ,0.5339 mills, the property will generate approximately $403.84 .inn~w ad valorem tax~sp~r
year. ..'Additional. revenues will be realized .throqgh increased assessment.v~lue, 'th~;al'lnLJClI.
99Uec!ibn . of. the . stQrm.waterass~ss'rn~nt fee 'as well c;tS utility .taxes. (9,5%ej?cfi;fc;':1,%
t~lephone) Clnd franc'h!se fees on electric,telephone,..and.~ble.. "
$0.00
$69~~56
Future Land .Use.MapConsistency, Concurrency, Comprehensive Plan" Consistency and
Compliance with the development criteria of the LOR were previously discussed under the
"Future Land Use Map Amendment Analysisn section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
The proposed City zoning designation is SAD eSpecial Activiti~s District) while the current
County zoning designation is CG/SE (Commercial General/Special Exception). The special
exception was approved by Resolution No. 80-836 and Resolution 80-837, approved on June
24, 1980, by the Board of County Commissioners which allowed a Funeral Home. Thisuse is
Planning and Zoning Boardf Rep Meeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 12
more residential in type and would have less impact that most commercial uses. The current
proposal would introduce an industrial type of use which as previously stated is inconsistent
with adjacent land use patterns.
The surrounding zoning designations are: County AR {Agricultural Residential} to the west; City
RM {Multiple Family Residential - Medium Density} to the east; City GC {General Commercial}
to the north; and City LD {Multiple Family Residential- Low Density} to the south.
Section 3.2.2 (Standards for Rezonina Actions): Standard "A~', "B", "C", ancl "E" are not
applicable with respect to this rezoning request. Standard "D"requires that the
rezoning shall result in allowing land uses which are deemed compatible with adjacent
and nearby land use both existingandprioposecl; orthatifan incompatibility may occur,
that sufficient regulations exist to properly mitigate adverse impacts from the new use.
[Amd. Ord. 13-99 3/16/99]
The application of .an initial zoning-deSignation of SAD. (Special Activities, District) is not
consistent with the ad.. j..a. .ce. n.t d..ev.elopm. e.nt p...a. tt...ern t..o the south, east, and west,of the subject
property. The propOsed stdragefacilityc~eates concerns with respect to compatibility with the
surrounding existing development, and its potential to negativelYirnpactthecharacter of the
area. Therefore, the proposed Rezoning to Special Activities District (SADf does meet the
requirements of LDRSection 3.22 {D}Standards for Rezoning Action and should be denied.
~, , ,,', " "', ,,:"'; :.; ,:,,' ,._ ",_ ,:J:.'._ :_' .. ': ';,'~_ "_"'_07'. """'__',{':-,\:";~~:,,,.;(:-~"< .
Further, pursuant to 4A.25{A), Ute purpo~~ and intent of Jhe,SpeFiat 1-\ctiviti~$-,Qi~~j:l<;tls Ji:>
provide a zone, district. which. ,is. appr()priate f()r prolect~ which are nototherwiseclassif1ed;or
cateoorizedin other zone districts; Of, which for ,sQm~other reason,,~n.not.be.pro8eify
accommodated in the other zone distriCts. . T~i~ use isCla$sified(3ndyategori~e_d' in}heMIC
zone district LI zone District and certain areasofGC (General Commercial) zon'ed district. 'To
accommodate a self. storage .facilityun,derthese~o~~qf3~,g{1ationsWOUld,reql.Jire a land use
category of Commerce,lndustrial,orGerieraI Gommereialandzoning of Mixed Industrial, Light
Industrial and Commercial. Given the predominant residentialnature:Drthe,apJe~ent land uses
those designations would clearly be inappropriate.ByufWiingt~~ SADordinapce, process the
applicant will i,ntroduce these industrial and/or colTlmercial type lJsesto,t!1e ~ite~ As. previously
stated office, commercial and industrial uses areinconsistentwiththe predominantly residential
character of the adjacent properties.
Section 2.4.5 eO) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 eD) (5), _Pursuant to LDR Section 2.4.5(D) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change ist>eing sought. These
reasons include the following:
(a) That ~he zoning had previously been changed, or was originally established,in
error;
(b) That there has been a chcmge in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future
land Use Map and that it is more appr()priate for the property based upon
circumstances particular to the site and/or neighborhood.
Planning and Zoning Board Sta .epo i1eeting of 01/23/06
Robotic Space Savers - Annexation, FlUM, and Rezoning
Page 13
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate zoning designation also be applied. While the SAD zoning may be
consistent with the proposed land use designation TRN (Transitional), the proposed uses within
the SAD are not of similar intensity as allowed in the Transitional Land Use designation which
would not accommodate conventional zoning designations which would accommodate a self
stqrage use.
The subjed properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
011 January 9,2006 the Palm BeachCounty Planning Division was notified of the City's intent to
annex this property.
Lake Worth Drainaae District:
On January 18, 2006 Lake Worth Drainage District was notified of the City's intent to annex this
property.
IPARC Notice:
On January 18, 2006, notice' of the Future Land Use Amendment has also been provided to the'
I nterloca I Plan Amendment Review Committee (IPARC) which distributestheiiiforfflation to
adjacenlmunicipalities. No objections have been received. .
,
CorirlesvNotices:
Special courtesy notices were provided to the following homeowners and civic associations:
. ,,9, PROD (Progressive Residents of Del ray)
'0 Carolyn Zimmerman, Presidents Council
o Neighborhood Advisory Council
o Ger'ald DeFoe
o Gary Lord
o Gary Horatsis
o Nancy Monaco
o Frances Chassen
o High Point Delray West 1
o . High Point Delray West 2
ci High 'Point Delray West 3
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Additional letters of support or objection, if any, will be presented at the Planning and
Zoning Board meeting.
Planning and Zoning Board . l Repl Meeting of 01/23/06
Robotic Space Savers - Annexation, FLtlM, and Rezoning
Page 14
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The application of an initial zoning
designation of SAD and the related development it is not consistent with the adjacent
development pattern to the south, east, and west of the subject property. The proposed self .
storage facility does create concerns with respect to compatibility with the surrounding existing
development, and with the character of the area. The proposed Future Land Use designation of
Transitional (TRN) and Rezoning to Special Activities District (SAD) of the subject property is
not consistent with PolicyA-1.7 and Policy A-2.3 of the Comprehensive Plan, and doesnot
meet the requirements of LOR Section 3.2.2(D) Standards for Rezoning. Required findings with
respect to. 3.1.1. (FLUM Consistency and Compatibility cannot be made). Staff recomrne!1ds the
subject property be annexed with aFuture Land Use Map'designation of MD (Medium Density
q-12 du/ac) and zoning designation of RL (Multiple Family Residential - Low Density). Based
upon the above, the proposed Annexation, Future Land Use Map Amendment and associated
Rezoning application as presented should be denied.
The annexation will provide with better Police, Fire, EMS and Code Enforcernenfservices'. the
property will experience a slight increase in ad valorem taxes.
A. Continue with direction.
So Mov~ a. recommendatiGlnofapprovaltotheGity Commission for the voluntary annexation,
FLUM AmendmentfrQm County LR-3 to, .Tran~itional(TRN), and the,ioitial;zoning
designation of SAD (Special Activities District) for the supject. property; by adopting the
findings of fact and law contained in the staff report; ,and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets the criteria set'forth
in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.' .
C. Move a recommendation of denial to the City. Commissiqn for the voluntaryannexftion,
FLUM Amendment from County LR-3 to.. Transitiohal .' (TRN), . and. 'the initial" zoning
designation of SAD (Special Activities District) for thesubjectproperty, by. adopting the
findings of fact and law contained in the staff report, and finding that the requesfand
approval thereof is not consistent with the Comprehensive Plan nor meets the criteria set
forth in Sections 2.4.5(D) (5), 3.1.1 .and 3.2.2 of the Land Development Regulations.
Move a recommendation of denial to the City Commission for the voluntary annexation, FLUM
Amendment from County LR-3 to City Transitional (TRN), and the initial zoning designation of
SAD (Special Activities District) for the subject property, by adopting the findings of fact and law
contained in the staff report, and failure to make positive findings with respect to LDR Section
3.2.2.(D), 3.1.1. (Future Land Use Map), 3.1.1. (Compatibility) 2.4.5.(D)(5) (Reasons for
rezoning) and inconsistensies with the Comprehensive Plan more specifically FLUM Element
Policy A-1. 7 and Objective A-1.
Attachments:
· Location Map
Conceptual Site Plan and Elevation
Staff Report Prepared by: Estelio Breto, Senior Planner
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CITY COMMISSION
CITY OF DELRA Y BEACH. FLORIDA
REGULAR MEETING - TUESDAY. JANUARY 16.2007
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS:
7. PRESENTATIONS:
D. Special Recognition Awards - Boston's on the Beach
10. PUBLIC HEARINGS:
F. ORDINANCE NO. 71-06: Privately initiated rezoning from I (Industrial) to MIC (Mixed
Industrial and Commercial) for an 8.8 acres property located along Depot Road, north of the
Old Train Station, between the CSX Railroad and 1-95. (Quasi-Judicial Hearing) This
ordinance to be continued to a date certain of February 6,2007.
G. ORDINANCE NO. 70-06: City initiated annexation and rezoning from County AR
(Agricultural Residential) to City RM-8 (Residential Medium Density 5-8 dulac) for a 3.18
acres parcel located on the south side of 133rd Road South, 640' west of Barwick Road
approximately 1,400 feet north of Lake Ida Road. (Quasi-Judicial Hearing) This
ordinance to be continued to a date certain of February 6, 2007.
H. ORDINANCE NO. 69-06 (SECOND READING/SECOND PUBLIC HEARING): City
initiated rezoning from GC (General Commercial) in part and AC (Automotive Commercial)
in part to CBD (Central Business District) for the North Federal Highway Area and
including 700 & 707 NE 6th Avenue (former O.C. Taylor dealership) with a combined total
of 23.2 acres, located between NE 4th Street and George Bush Boulevard and extending from
the FEC Railroad to approximately Y2 block east of NE 6th Avenue. (Quasi-Judicial
Hearing) This ordinance to be continued to a date certain of February 6, 2007.
***************************************************************************************
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.
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # 10.c - REGULAR MEETING OF DECEMBER 5.2006
ORDINANCE NO. 71-06
TO:
SUBJECT:
DATE:
DECEMBER 1,2006
This ordinance is before Commission for second reading and quasijudicial hearing for a privately
initiated rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) for an 8.8 acres
property located along Depot Road, north of the Old Train Station, between the CSX Railroad and 1-
95.
The subject property includes Tract 1 and Tract 2 and Lots #1 through #5 of the Model Land
Company Subdivision and contains 8.8 acres. The property has never been developed and is currendy
vacant. With the Citywide Rezoning of October 1990, the subject property was rezoned from MI
(Medium Industrial) to I (Industrial). Applications have been submitted for a FLUM amendment
from IND (Industrial) to CMR (Commerce) and a rezoning from I (Industrial) to MIC (Mixed
Industrial and Commercial). These applications have been submitted with the purpose of establishing
a project that will consist of 52,284 square feet of office area, 49,600 square feet of warehouse, and
300 multifamily/rental apartments units with 25% of the units being Workforce Housing. While
residential development is not currendy allowed with the Industrial Zoning District or the proposed
Mixed Industrial and Commercial (MIC) zoning district, the applicant has requested that the
residential component be allowed via the creation of a new overlay district on this site. Following the
approval of the 2006-1 Comprehensive Plan Amendment, an LDR text amendment to allow the
residential component will have to be processed. The Future Land Use Map amendment for the
subject property was transmitted to the DCA (Department of Community Affairs) as part of
Comprehensive Plan Amendment 2006-1.
On July 17, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was no public testimony. The Board voted 6 to 0 to recommend that the request be
approved. Staff recommends approval based upon the findings of fact and law contained in the staff
report, and finding that the request is consistent with the Goals, Objectives and Policies of the
Comprehensive Plan and does meet the criteria set forth in LDR Section 2.4.5.(D)(5) (Rezoning
Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning
Actions).
At the first reading on November 21, 2006, the Commission passed Ordinance No. 71-06.
This ordinance to be continued to a date certain of January 16, 2007, in conjunction with the adoption
of Comprehensive Plan Amendment 2006-1.
S:\City Oerk\AGENDA COVER MEMOS\Otdinance Agenda Memos\Ord 71-06 Rezoning from I to MIC Depot Road 2nd Reading 120S.06.doc
TO:
THRU:
FROM:
SUBJECT:
DAvrb). H N,
PA~ ~IN~~
ESTE IO'B~
MEETING OF NOVEMBER 21, 2006
PRIVATELY INITIATED REZONING FROM I (INDUSTRIAL) TO MIC (MIXED
INDUSTRIAL AND COMMERCIAL) FOR AN 8.8 ACRES PROPERTY LOCATED
ALONG DEPOT ROAD. NORTH OF THE OLD TRAIN STATION, BETWEEN THE
CSX RAILROAD AND 1-95.
IRECTOR OF PLANNING AND ZONING
The subject property includes Tract 1 and Tract 2 and Lots #1 through #5 of the Model Land
Company subdivision and contains 8.8 acres. The property has never been developed and is
currently vacant. With the Citywide Rezoning of October 1990, the subject property was rezoned
from MI (Medium Industrial) to I (Industrial). Applications have been submitted for a FLUM
amendment from INO (Industrial) to CMR (Commerce) and a rezoning from I (Industrial) to MIC
(Mixed Industrial and Commercial). These applications have been submitted with the purpose of
establishing a project that will consist of 52,284 square feet of office area, 49,600 square feet of
warehouse, and 300 multifamily/rental apartments units with 25% of the units being Workforce
Housing. While residential development is not currently allowed within the Industrial Zoning District
or the proposed Mixed Industrial and Commercial (MIC) zoning district, the applicant has requested
that the residential component be allowed via the creation of a new overlay district on this site.
Following approval of the 2006-1 Comprehensive Plan Amendment an LOR text amendment to
allow the residential component will have to be processed. The Future Land Use Map amendment
for the subject property was transmitted to DCA (Department of Community Affairs) as part of
Comprehensive Plan Amendment 2006-1. Comprehensive Plan 2006-1 will be before the City
Commission in December or January depending on whether the City receives an Objective,
Recommendations and Comments (ORC) report. Additional background and an analysis of the
request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of July 17, 2006, the Planning and Zoning Board held a public hearing in conjunction
with the request. There was no public testimony. After reviewing the staff report and discussing the
proposal, the Board voted 6 to 0 to recommend that the request be approved. The request was
approved based upon positive findings with respect to LOR Section 2.4.5.(0)(5) (Rezoning
Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards for Rezoning
Actions).
By motion, approve on first reading the ordinance for rezoning from I (Industrial) to MIC (Mixed
Industrial and Commercial) for the subject property located along Depot Road, north of the Old Train
Station, between the CSX Railroad and 1-95, based upon the findings of fact and law contained in
the staff report, and finding that the request is consistent with the Goals, Objectives, and Policies of
the Comprehensive Plan and does meet the criteria set forth in LOR Section 2.4.5.(0)(5) (Rezoning
Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards for Rezoning
Actions).
Attachments:
· P & z Staff Report of July 17, 2006 and Proposed Ordinance
I~.B
ORDINANCE NO. 71-06
AN ORDINANCE OF THE, CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED I (INDUSTRIAL) DISTRICT TO MIC (MIXED
INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING
A PARCEL LOCATED NORTH OF THE OLD TRAIN STATION,
BETWEEN THE CSX RAILROAD AND 1-95, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRA Y BEACH, FLORIDA, MARCH 2006"; PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned I (Industrial) District; and
WHEREAS, at its meeting of July 17, 2006, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0
to recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of MIC (Mixed Industrial and
Commercial) District for the following described property:
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray
Beach, Palm Beach County, Florida, said parcel being more particularly described as follows:
That part of the East ~, of the Northeast ~, of the Northeast ~, and that part of the West Y2 ofthe
Northeast ~ of the Northeast ~ of the Northeast ~ of Section 18, Township 46 South, Range 43 E,
lying East of the right-of-way of the S.A.L. Railroad and West of the right-of-way of the relocated
NW 2nd Avenue, as recorded in Official Records Book 2221, Page 1868, and in Official Record
Book 2228, Page 1650, both of the Public Records of Palm Beach County, Florida; less the rights of
way as shown in Plat Book 6 Page 51, of the Public Records of Palm Beach County, Florida and
less the South 15 feet of the East ~ of the Northeast ~ of the Northeast ~ of Section 18; said lands
situated, lying and being in Palm Beach County, Florida, less the E-4 Canal right-of-way, and less
the Southerly 227.13 feet.
Also less
Parcellll and Parcel 112, order of taking, as recorded in Official Record Book 13672, Page 0640
(05/03/2002) Tri County Commuter Rail Corridor Improvement Program
Said Property being more particularly described as follows:
Commencing at the Northeast comer of said Section 18, thence with a bearing of North 89" 09' 21"
West, along the North line of Section 18, a distance of 251.13 feet, to a point on the East right-of-
way line of the C.S.x. Railroad; thence with a bearing along the East right-of-way line ofthe C.S.x.
Railroad with a bearing of South 14" 51' 25" West, a distance of 143.88 feet to the point on the
South right-of-way line of the Lake Worth Drainage District, Equalizing Canal No E-4, and the
point of beginning of the property to be described; thence with a curve to the left along the South
right-of-way line of the E-4 Canal, having a radius of 600.00 feet a central angle of 110 49' 01" and
an arc length of 123.75 feet, a chord bearing on North 83" 53' 28" East to a point on the West right-
of-way line of the relocated NW 2nd Avenue; thence with a curve to the left, having a chord bearing
of South 100 17' 59" West, a radius of215.00 feet, a central angle of28" 49' 12", and an arc length
of 108.15 feet, to a point; thence continue along the West right-of-way line of NW 2nd Avenue
with a bearing of South 04" 06' 37" East, a distance of 894.55 feet to a point; thence with a bearing
of North 89" 02' 01" West a distance of 133.48 feet; thence with a bearing of North 00" 30' 49"
West, a distance of 423.33 feet; thence North 89" 02' 36" West, a distance of 176.94 feet to a point
on the East right-of-way line of the C.S.X Railroad; thence with a curve to the right having a chord
bearing, of North 07" 10' 05" East, a radius of2815.00 feet, a central angle of 00" 28' 58", and an
arc length of 23.72 feet to a point: thence with a bearing of South 88" 46' 39" East, a distance of
2.13 feet to a point; thence with a bearing of North 14" 51' 25" East, along the East right-of-way
line ofthe C.S.X Railroad, a distance of 550.91 feet, more or less to the point of beginning.
2
ORDNO.71-06
Together With
Tract 1 and Tract 2
Being a parcel of land in the E ~ of the NE ~ of the NE ~ of Section 18, Township 46 South,
Range 43 East, Palm Beach County, Florida, also being a portion of the parcel described in
Warranty Deed from Southeast Investments of Palm Beach County, Inc. to JM Houston and Lilian
Houston his wife, dated July 11, 1980, lying East of a line parallel with and 264.00 feet West of as
measured at right angles to the East line of Section 18, said parcel from Southeast Investments to
Houston being recorded in Official Record Book 3327, Page 813, Palm Beach County records and
being described as follows:
Commencing at the intersection of the South line of the NE ~ of the NE ~ of Section 18, Township
46 South, Range 43 East with the West line of the E ~ of the NE ~ of the NE ~ of Section 18;
thence run North 00. 31' 21" West 15.00 feet along said West line of the E ~ of the NE ~ of the
NE ~ of said Section 18, to the point of beginning thence continue North 000 31' 21" West along
said West line 227. 13 feet to a point; thence run South 89. 02' 01" East, 208.98 feet to a point on
the West right-of-way line on NW 2nd Avenue; thence run South 04. 06' 37" East, 87.96 feet along
said West right-of-way line to a point; thence run South 310 28' 31" West, 161.19 feet to a point;
thence run 890 17' II" West 129.03 feet along a line 15.00 feet North of and parallel with the
aforesaid South line of the N1I4 of the NE ~ of the NE ~ of Section 18 to the point of beginning.
Said property being more particularly described as follows:
Commencing at the Northeast comer of said Section 18, thence with a bearing of North 890 09' 21"
West, along the North line of Section 18, a distance of 251.13 feet, to a point on the East right-of-
way line to the C.S.X Railroad; thence with a bearing along the East right-of-way line ofthe C.S.X.
Railroad with a bearing of South 14. 51' 25" West, a distance of 694.78 feet thence N 880 46' 39"
W a distance of 2.13 feet to a point, on the C.S.X. East right-of-way; thence with a chord bearing of
South 070 10' 05" West, having a radius of 2815.00 feet a central angle of 000 29' 58", and arc
length of 23.72 feet to the point of beginning, thence with a bearing of South 890 02' 36" East, a
distance of 176.94 feet; thence South 00. 30' 49" East, a distance of 423.33 feet; thence with a
bearing of South 890 02' 01" East, a distance of 133.48 feet, to a point on the west right-of-way line
ofNW 2nd Avenue; thence with a bearing of South 040 06' 37" East, a distance of 87.96 feet to a
point; thence with a bearing of South 31 0 28' 31 " West, a distance of 160.85 feet to a point on the
North right-of way ofNW 2nd Avenue, thence with a bearing of North 890 33' 44" West, along the
North right-of-way line ofNW 2nd Avenue, said line lying 40.00 feet North of the North line of the
Plat, Mack Industries-Delray, recorded in Plat Book 43, Page 138 of the Public Records of Palm
Beach County, Florida, a distance of 254.25 feet to a point on the East right-of-way line of 288.96
feet to a point; thence with a curve to the right having a radius of 2815.00 feet, a central angle of
070 23' 44" and an arc length of363.35 feet more or less to the point of beginning.
3
ORD NO. 71-06
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon the effective date of
Ordinance No 38-06, under which official land use designation of CMR (Commerce) is affixed to
the subject parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4
ORD NO. 71-06
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT ---
July 17, 2006
IV.B.2.e.
Future Land Use Map (FLUM) Amendment from Industrial (INO) to CMR
(Commerce) and Rezoning from Industrial (I) to MIC (Mixed Industrial and
Commercial) for a 8.8 acre parcel located along Depot Road north of the Old Train
Station, between the CSX Railway and 1-95.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant......................... Depot Industrial Center, LLC.
Agent.......................................... Charles Putman
Location.............................:........ Along Depot Avenue east of the
CSX Railroad Track, west of 1-95,
and to the north of the Old Train
Station.
Property Size.............................. 8.8 Acres
Existing Future Land Use Map
Designation ............................... Industrial (IND)
Proposed City Future Land Use
Map Designation......................... CMR (Commerce)
Existing City Zoning.................... Industrial (I)
Proposed City Zoning................. MIC (Mixed Industrial and
Commercial)
Adjacent Zoning................North: MIC (Mixed Industrial and
Commercial)
East: 1-95 Right-of-Way
South: MIC (Mixed Industrial and
Commercial)
West: MIC (Mixed Industrial and
Commercial)
Existing Land Use...................... Undeveloped
Proposed Land Use.................... Mixed-use - Office, Warehouse
and Residential (if text amendment
is approved)
Water Service............................. Water service is provided to the
site via an 6" water main, which is
located along the south side of the
property on Depot Avenue.
Sewer Service............................. Sewer service is provided via a
septic tank system. There are no
sewer mains located adjacent to
the property. Extensions to the
site along Depot Road will be
required with development of the
property.
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IV.B.2.e.
The action before the Board is that of making a recommendation to the City Commission on a
privately initiated Future Land Use Map (FLUM) Amendment from INO (Industrial) to CMR
(Commerce) and rezoning from I (Industrial) to MIC (Mixed Industrial and Commercia!), for a 8.8
acre property located along Depot Road, north of the Old Train Station, between the CSX
Railroad and 1-95.
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and rezoning of any property within the City.
The subject property includes Tract 1 and Tract 2 and Lots #1 through #5 of the Model Land
Company subdivision and contains 8.8 acres. The property has never been developed and is
currently vacant. With the Citywide Rezoning of October 1990, the subject property was
rezoned from MI (Medium Industrial) to f (Industrial).
Applications have been submitted for a FLUM amendment from INO (Industrial) to CMR
eCommerce) and a rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial). These
applications have been submitted with the purpose of establishing a project that will consist of
52,284 square feet of office area, 49,600 square feet of warehouse, and 300 multifamily/rental
apartments units with 25% of the units being Workforce Housing. This mixed-use project would
.beallowed under the proposed MIC zoning (except for the 300 multifamily residential
component), but not under the current I (Industrial) zoning. While residential development is not
currently allowed within the existing I or the proposed MIC zoning district, the applicant is also
requesting that the residential component be allowed via the creation of anew overlay district
on this site. It is. noted, however, that the applicant wishes to proceed with the FLUM
Amendment and Rezoning regardless, of whether or not the text amendment to allow the
residential component is approved.
The Future Land Use Map amendment for the subject property is included as part of
Comprehensive Plan Amendment 2006-1.
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to LOR Section 3.1.1, prior to approval of development applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has the
authority to approve or deny the development application. These findings relate to the
Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance
with the Land Development Regulations.
Planning and Zoning Board S."ff Report: July 17, 2006
Delray Depot - FLUM Amen, Jnt and Rezoning
Page 2
Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future Land Use Map.
The applicant proposes to develop a mixed-use project at this location, which includes a
residential component. Residential uses are neither a permitted nor a conditional use in the MIC
zoning district. This application is accompanied by a Comprehensive Plan text amendment
which. would create a Workforce Housing Overlay District over this property and the adjacent
property to the south. Staff does not support the creation of this overlay district. If this text
amendment is not approved, the uses as proposed will not be consistent. However, as stated
earlier, the applicant wishes to proceed with the FLUMAmendment and Rezoning regardless of
whether or not the text amendment to allow the residential component is approved. Therefore,
for the purpose of this report, the applicant's proposed text amendment to allow residential uses
will be considered a separate issue. Since the proposed MIC (Mixed Industrial and Commercial)
zoning district is consistent with the proposed CMR (Commerce) FLUM designation, positive
findings can be made with respect to consistency.
The remaining required findings of LOR Section 3.1.1 (Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regu~ations) are discussed below.
The following Comprehensive Plan Policy applies to Future Land Use Map Amendments:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM)
must be based upon the findings listed below, and must be supported by data and
analysis that demonstrate compliance with these findings:
o Demonstrated Need - That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need
must be supported by data and analysis verifying the changing demographics or
other circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with aU FLUM amendments.
When the Comprehensive Plan was originally adopted in 1989, it was determined that the CMR
(Commerce) designation was the most needed land use designation in the City.
Future Land Use Element Policy A-1.3 - The Commerce land use designation, which
involves a mix of light industrial, commercial uses and research and development, is the
most needed land use during the City's final stage of build-out. Thus, changes to the
Future Land Use Map, which diminish. this land use, are discouraged.
Based on its location between 1-95 and the CSX railroad, the subject property was designated
IND (Industrial) and zoned I (Industrial). However, the property has not been developed under
the current designation and the applicant would like the additional flexibility that MIC zoning
affords. The primary difference between the I and the MIC zoning districts is the addition of
Planning and Zoning Board S.<\ff Report: July 17, 2006
Delray Depot - FLUM Amen ~nt and Rezoning
Page 3
offices and retail trade as principal uses within the MIC district. The applicant proposes to
establish a project that will include 52,284 square feet of office area, 49,600 square feet of
warehouse, and 250-300 multifamily/rental apartments units on the subject property. As stated
earlier, a text amendment to the Comprehensive Plan to allow residential development at this
location has also been submitted. However, even if this text amendment is not approved, the
applicant still desires to change the FLUM designation of the property and rezone it to MIC.
Based on the need for the Commerce land use designation as stated in Future Land Use Policy
A-1.3, positive findings with respect to Future Land Use Element Policy A-1.7 can be made.
o Consistency - The requested designation is consistent with the goals, objectives
and policies of the most recently adopted Comprehensive Plan.
The proposal is consistent with the above policy as well as with the following Comprehensive
Plan Policy:
Future Land Use Element Policy A-2.3 - development of remaining vacant properties
shalf occur in a manner which is consistent with and complimentary to adjacent
development regardless of zoning designations. This policy shalf be implemented
through the review process associated with platting and site plans.
As previously stated, the owner of the property proposes to establish a project that will consists
of 52,284 square feet of office area, 49,600 square feet of warehouse, and 250-300
multifamily/rental apartments units on the subject property. Properties to the north, south and
west of the subject property are zoned MIC (Mixed Industrial and Commercial) and property to
the east, adjacent to the 1-95 right-of-way, is zoned OS (Open Space). With the exception of the
housing component, the proposed development is consistent with and complimentary to the
prevalent development pattern in the area, and thus, meets the requirements of the Future Land
Use Element Policy A-2.3 of the Comprehensive Plan. The proposed housing is not currently
allowed in.the proposed FLUM designation and will be considered separately.
o Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves a FLUM amendment on a 8.8 acre parcel from I (Industrial) to CMR
(Commerce). Concurrency findings with respect to Parks and Recreation, Schools, Solid
Waste, Drainage, Water and Sewer and Traffic are discussed below:
Parks and Recreation:
The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its
conclusion that "The City wilf have sufficient recreation facilities at buifd-out to meet the adopted
standards". A park impact fee is collected to offset any impacts projects may have on City
recreational facilities. Since residential development is not currently permitted at this location,
there are no impacts to parks and recreation. However, if the proposed text amendment is
approved and the applicant is able to construct housing units on the property, a park impact fee
of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit
for parks and recreation purposes.
Schools:
A finding of School Concurrency will be required from the School District of Palm Beach County
if residential development is ultimately approved on this site. No concerns are noted at this time.
Planning and Zoning Board St~ff Report: July 17, 2006
Delray Depot - FLUM Amen ~nt and Rezoning
Page 4
Solid Waste:
The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all
development proposals till the year 2021, thus a positive finding with respect to this level of
service standard can be made.
Drainaae:
Any development of the site will be required to retain drainage on-site in compliance with South
Florida Water Management District (SFWMD) requirements. There are no problems anticipated
complying with SFWMD requirements.
Traffic:
A traffic study has been submitted that indicates that the proposed development (with the
residential component) will generate 2,840 daily trips, 265 trips in the A.M. peak hour and 297
trips in the P.M. peak hour. A letter from the Palm Beach County Traffic Division indicating that
the proposed project meets concurrency with the Palm Beach County Traffic Performance
Standards Ordinance will be required. Development of the site without the residential
component may result in additional traffic. It is noted, however, that the maximum development
potential within the CMR (Commerce) FLUM designation and MIC zoning district is similar to
that within the IND (Industrial) FLUM designation and the PCC (Planned Commerce Center)
zoning district. With the exception of a higher potential for retail development in the MIC district,
the same land uses are permitted within the two zoning districts. The City has requested a
revised traffic study based upon the maximum development potential within the proposed FLUM
designation. This information will be provided to DCA upon receipt. Upon submittal of a site plan
for development of the property, a traffic study will be required and traffic concurrency must be
met.
Water and Sewer:
Water service is provided to the site via an 6" water main, which is located along the south side
of the property on Depot Road. Sewer service is provided via a septic tank system. The
drainage field is located along the south side of the property. Adequate fire suppression is
provided to the site via an existing fire hydrant along the southeast side of the property. The
Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet
the adopted LOS at the City's build-out population, based upon the current PLUM. Pursuant to
the Public Facilities Element Policy A-1.1, existing septic tanks located in sewered areas
throughout the City shall be removed from use as necessary pursuant to Florida Statutes.
Since there are no sewer mains located adjacent to the property, these lines must be extended
to serve the property when development occurs.
o Compatibility - The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The property is surrounded on the north, south and west by MIC zoned property and/or existing
industrial uses. The property to the east, adjacent to the 1-95 right-of-way, is zoned OS (Open
Space). Since the subject property is proposed to also be zoned MIC, there are no compatibility
issues with respect to the uses currently permitted within the zoning district. However, there is a
concern with respect to the applicant's proposal to include 250-300 residential units within the
project. Staff does not support the proposed text amendment, since residential development on
the subject property will present noise concerns due to the close proximity of the site to 1-95 and
Planning and Zoning Board St"lff Report: July 17, 2006
Delray Depot - FLUM Amen ~nt and Rezoning
Page 5
the CSX railroad as well as compatibility issues regarding the surrounding Mixed Industrial and
Commercial development pattern.
o Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Although a site plan for the property has not been submitted, any future redevelopment of the
subject property will have to occur in accordance with the City's Land Development Regulations.
Based on the above, a positive finding with respect to compliance with the Land Development
Regulations can be made.
Future Land Use Map Consistency, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysisn section of this
report. Compliance with the Land Development Regulations with respect to Standards for
Rezoning Actions and Rezoning Findings is discussed below.
CONSISTENCY: Compliance with the performance standards set forth in LOR Section
3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making a finding of overall
consistency.
LOR. Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
performance standard of LOR Section 3.2.2 is as follows:
(0) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficientregulations exist to properly
mitigate adverse impacts from the new use.
The following zoning designations and uses border the property:
Zonina Desianation: Use:
.
North MIC Vacant
South MIC Industrial
East OS and 1-95 RiQht-of-Way Open Space
West MIC Industrial
The proposed MIC zoning designation of the property is consistent with the prevalent
development pattern of the surrounding properties. As stated earlier, staff does not support the
test amendment to allow residential development in this location.
,LDR Section 2.4.5(0) (5):
Pursuant to LOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which the
rezoning change is being sought. These reasons include the following:
(a) That the zoning had previously been changed, or was originally established, in error;
Planning and Zoning Board St"lff Report: July 17, 2006
Delray Depot - FLUM Amen~ mt and Rezoning
Page 6
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The applicant submitted a justification statement which states:
"The Industrial zoning category currently applicable to the property is priman1y designed
to promote heavier industrial and industrial related uses. The MIC zoning also allows
many of those industrial uses but further provides the flexibility to do a mixed use project .
containing not only industrial but retail, office, service and other similar uses as well.
Thus, an MIC designation on the subject site will not preclude heavier industrial
development but will allow a wider range of uses to be developed than is allowed under
the current zoning".
The proposed amendment to Commerce (CMR) Land Use Map designation and Mixed
Industrial and Commercial (MIC) zoning are deemed compatible with the existing land use
designations and the adjacent development pattern. The requested MIC zoning designation for
the subject property is the same as that for adjacent properties. The use of the property for
industrial, retail, and office purposes appears is consistent and compatible with the surrounding
land uses. Therefore, a finding with respect to LOR Section 2.4.5(0)(5) can be made that the
rezoning fulfills subsection "cn.
The property is not in an area that requires review by the Community Redevelopment Agency
(CRA) or Downtown Development Authority (DDA).
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
,Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Neighborhood Advisory Council
o Progressive Residents of Delray (P.R.O.D.)
o Jerry Franciosa
o Carolyn Zimmerman
Letters of support or objection, if any, will be presented at the Planning and Zoning Board
meeting.
The proposed amendment will change the FLUM designation of the property from an Industrial
classification to a Commerce designation that will afford additional flexibility in development of
the property. In addition to industrial uses allowed under the I (Industrial) zoning district, the MIC
Planning and Zoning Board St"lff Report: July 17, 2006
Delray Depot - FLUM Amen ~nt and Rezoning
Page 7
(Mixed Industrial and Commercial) zoning district allows office and retail development. Positive
findings can be made with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LOR Section 3.1.1 (Required Findings),
and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be
made with respect to LOR Section 2.4.5(0)(5) (Rezoning Findings). Therefore, the proposed
FLUM amendment and Rezoning can be recommended for approval based on the findings
outlined in this. report. Although the applicant has submitted a text amendment to also allow
residential development on the property, staff does not support the request due to compatibility
issues.
A. Continue with direction;
B. Recommend to the City Commission approval of the FLUM Amendment and Rezoning for
the subject property, by adopting the findings of fact and law contained in the staff report,
and finding that the request and approval thereof is consistent with Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LOR
Section 2.4.5.{D){5) (Rezoning' Findings), LOR Section 3.1.1 (Required Findings), LOR
Section 3.2.2 eStandards for Rezoning Actions), and the Goals, Objectives, and Policies of
the Comprehensive Plan; or
C. Recommend denial of the FLUM Amendment and Rezoning by adopting the findings of fact
and law contained in the staff report, and finding that the request is inconsistent with Future
Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LOR Section 2.4.5(0)(5) (Rezoning Findings), LOR Section 3.1.1 (Required Findings), LOR
Section 3.2.2 (Standards for Rezoning Actions) and the Goals, Objective, and Policies of the
Comprehensive Plan.
Move a recommendation of approval to the City Commission of the privately sponsored FLUM
Amendment from INO (Industrial) to CMR (Commerce) and rezoning from I (Industrial) to MIC
(Mixed Industrial and Commercial) for the subject property located along Oepot Road; north of
the Old Train Station, between the CSX Railroad and 1-95, by adopting the findings of fact and
law contained in the staff report, and finding that the request and approval thereof is consistent
with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), LOR Section 2.4.5.(0)(5) (Rezoning Findings), LOR Section 3.1.1 (Required
Findings), LOR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and
Policies of the Comprehensive Plan.
Staff Report Prepared by: Estelio Breto, Senior Planner
Attachments:
. Proposed Future Land Use Map, Proposed Zoning Map
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MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
SUBJECT:
CITY MANAGER
AGENDA ITEM # \0. . - REGULAR MEETING OF DE EMBER 2006
ORDINANCE NO. 70-06 (ANNEXATION AND REZONING)
FROM:
DATE:
DECEMBER 1, 2006
This ordinance is before Commission for second reading and quasijudicial hearing for a city initiated
annexation and rezoning from County AR (Agricultural Residential) to City RM-8 (Residential
Medium Density 5-8 du/ac) for a 3.18 acres parcel located on the south side of 133"' Road South,
640' west of Barwick Road approximately 1,400 feet north of Lake Ida Road.
The subject property is a City owned parcel containing 3.18 acres of land located along the south side
of 133"' South. The property is bound on the south by the Lake Worth Drainage District (LWDD) L-
31 Canal and the Country Manors Condominium development. To the north is the 25' right-of-way
of 133"' Road South dedicated by the Bexley Park planned residential development and Barwick
Ranch Subdivisions. The access to this parcel is via 133"' Road South from Barwick Road to the east.
The subject property is under the jurisdiction of Palm Beach County but in a designated annexation
area for the City of Dekay Beach. The property is located in the City's Planning Area, known as
Annexation Area "E" (the North Military Trail Area), as referenced in the Future Land Use Element
Policy B-3.5 of the Comprehensive Plan. The City has an advisory land use designation of LD (Low
Density Residential 0-5 du/ ac) that allows for residential development with a density between zero
and five units per acre. A land use amendment is being processed as part of 2006-1 to apply a
Medium Density Residential (MD) land use designation.
On July 17, 2006, the Planning and Zoning Board held a public hearing involving this parcel along
with the adjacent parcels. It is noted the current proposal involves only the City owned parcel at this
time. There was public testimony from several residents that live in dose proximity to the subject
property. Residents concerns evolved around the increase in property taxes and property value,
future use of 133"' Road South, traffic increase, and potential for zero lot line townhouse
developments. After reviewing the staff report and discussing the proposal, the Board voted 6 to 1 to
recommend that the request be approved. Staff recommends approval based upon the findings of
fact and law contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan, and does meet the criteria set forth in LDR Section 2.4.5(D)(5) (Rezoning
Findings), LDR Section 3.1.1 (Required Findings), and LDR Section 3.2.2 (Standards for Rezoning
Actions) .
At the first reading on November 21,2006, the Commission passed Ordinance No. 70-06.
This ordinance to be continued to a date certain of January 16, 2007, in conjunction with the adoption
of Comprehensive Plan Amendment 2006-1.
S:\City Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 7M6 Annexation and Rezoning 3.18 Acres 2nd Reading 1205.06.doc
TO:
THRU:
FROM:
DAVID T. HARDEN, CITY MANAGER '-'MA /. . n I" t-
/l'flNt-..... A-le~
PAUL DORLlNG, A1CP~I~TO.!)O~LANNING AND ZONIN
ESTELlO BRETO, SENfaltp~t) .
~
SUBJECT: MEETING OF NOVEMBER 21, 2006
CITY INITIATED REZONING FROM COUNTY AR (AGRICULTURAL
RESIDENTIAL) TO CITY RM-8 (RESIDENTIAL MEDIUM DENSITY 5-8 DUlAC)
FOR A 3.18 ACRES PARCEL LOCATED ON THE SOUTH SIDE 133RD ROAD
SOUTH. 640' WEST OF BARWICK ROAD APPROXIMATELY 1.400' NORTH OF
LAKE IDA ROAD.
The subject property is a City owned parcel containing 3.18 acres of land located along the south
side of 133rd Road South. The property is bound on the south by the LWDD L-31 Canal and the
Country Manors Condominium development. To the north is the 25' right-of-way of 133rd Road
South dedicated by the Bexley Park planned residential development, and Barwick Ranch
Subdivisions. The access to this parcel is via 133rd Road South from Barwick Road to the east.
The subject property is under the jurisdiction of Palm Beach County but in a designated
annexation area for the City of Delray Beach. The property is located in the City's Planning Area,
known as Annexation Area "E" (the North Military Trail Area), as referenced in the Future Land
Use Element Policy B-3.5 of the Comprehensive Plan. The City has an advisory land use
designation of LO (Low Density Residential 0-5 du/ac) that allows for residential development with
a density between zero and five units per acre. Aland use amendment is being processed as
part of 2006-1 to apply a Medium Density Residential (MD) land use designation. This related
land use change should be reviewed by the City Commission on December 5, 2006 or January
16,2007 (depending on whether an Objective, Recommendations and Comments (ORC) report
is issued). Additional background and an analysis of the request are found in the attached
Planning and Zoning Board Staff Report.
At its meeting of July 17, 2006, the Planning and Zoning Board held a public hearing involving
this parcel along with the adjacent parcels. It is noted the current proposal involves only the City
owned parcel at this time. There was public testimony from several residents that live in close
proximity to the subject property. Residents concerns evolved around the increase in property
taxes and property value, future use of 133rd Road South, traffic increase, and potential for zero
lot line townhouse developments. After reviewing the staff report and discussing the proposal,
the Board voted 6 to 1 to recommend that the request be approved. The request was approved
based upon positive findings with respect to LOR Sections 3.1.1, 3.2.2, and 2.4.5(0)(5), and that
the property is contiguous, reasonably compact and does not create an enclave; and, that
services will be provided to the property in a manner similar to other properties within the City.
By motion, approve on first reading the ordinance for rezoning from County AR (Agricultural
Residential) to City RM-8 (Residential Medium Density, 5-8 du/ac)), based upon the findings of
fact and law contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2
of the Land Development Regulations.
Attachments:
· P & Z Staff Report of July 17. 2006 and Proposed Ordinance
ORDINANCE NO. 70-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED
ON THE SOUTH SIDE OF 133RD ROAD SOUTH, 640 FEET
WEST OF BARWICK ROAD, AND APPROXIMATELY 1,400
FEET NORTH OF LAKE IDA ROAD, AS THE SAME IS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO THE EXISTING MUNICIPAL
LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR THE
ZONING THEREOF TO RM-8 (MEDIUM DENSITY
RESIDENTIAL - 8 UNITS PER ACRE); PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE
WHEREAS, the City of Delray Beach is the fee simple owner of a 3.18 acre parcel ofland
located on the south side of 133rd Road South, 640 feet west of Barwick Road, and approximately
1,400 feet north of Lake Ida Road; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits
ofthe City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS pursuant to LDR Section 2.2.2(E)(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of July 17, 2006, and voted 6 to 1 to
recommend that the annexation be approved with an initial zoning of RM-8 (Medium Density
Residential -8 units per acre) District, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The East 221.59 feet of the Southwest ~ of the Southeast ~ of the Northwest ~ of Section
12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the South 40 feet
thereof for Lake Worth Drainage District right-of-way.
Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immediately become subject to all of
the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which
lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 5. That this annexation ofthe subject property, including adjacent roads, alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6. That Chapter Two of the Land Development Regulations has been followed in
the establishment of a zoning classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District RM-8 (Medium Density Residential -8 units
per acre) as defined be existing ordinances ofthe City of Delray Beach.
2
ORD. No 70-06
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 8. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 9. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning immediately
upon the effective date of Ordinance 38-06, under which official land use designation of MD
(Medium Density ResidentialS-12 duJac) is affixed to the subject parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,20_.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
3
ORD. No 70-06
PLANNI~G AND ZONIN\:j BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
Ju"~ 17, 2006
IV.B.
A City initiated Annexation, Future land Use Map (FlUM) Amendment from MR-5 (Medium
Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density
5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium
Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City) located on the south side of
133rd Road S, 60' west Barwick Road; and a City initiated Annexation (via Interlocal
Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future
Land Use Map (FlUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm
Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and lD (Low
Density 0-5 du/ac) in part and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in
part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on
the west side of Barwick Road approximately 1,400' north of Lake Ida Road (see table
below).
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant....... ...... .... ........
. Agent........... .................. ........ .....
location..................................... .
Property Size..... .......... ...............
City of Delray Beach.
City of Delray Beach.
approximately 1,400' north of Lake
Ida Road and to the west of
Barwick Road.
12.97 Acres, (3.18 voluntary
annexation and 9.79 via interJocal
agreement).
Existing County Future land Use
Map Designation ........................ MR-5 (Medium Residential 0-5
du/ac)
Proposed City Future land Use Map
Designation..... ....... .............
Existing County Zoning...............
Proposed City Zoning.................
Adjacent Zoning................North:
East:
South:
West:
Existing land Use......................
Proposed land Use....................
Water Service...... ............. ..... .....
Sewer Service........ .......... ...........
LD in part, and MD in part.
AR (Agricultural Residential)
R-1-AAA in part, and RM-8 in part
City PRO (Planned Plan
Residential Development)
PRO (Planned Residential
Development), Sabal Lakes
Multiple Family Residential -
Medium Density (RM)
Open Space and Recreational
(OSR), Bexley Park
Two single family homes / one
single family home with landscape
nursery and vacant.
Existing uses! no development
plans for vacant parcels.
Water service is available for
single family homes along Barwick
Road; extensions required to
provide service to other parcels
Sewer service is available for
single family homes along Barwick
Road; extensions required to
provide service to other parcels.
LAKE IDA ROAD
.DIIIllD
~ CT. ~
~( I I I I I I I 1"
IV.B.
Li
The action before the Board is that of making a recommendation to the City Commission on
the following items:
· A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5
(Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD
(Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City)
located on the south side of 133rd Road S, 60' west Barwick Road approximately 1,400'
north of Lake Ida Road (see table below, PCN 42-46-12-00-000-3200).
· A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach
County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from
MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to
MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning
from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in
part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing
four parcels and a total of 9.79 acres of land located on the west side of Barwick Road
approximately 1,400' north of Lake Ida Road (see table below).
Enclave 1
Parcel 2 424612000003202 3.03 RM-8
Enclave 2 '0<' ,.....
Parcel 3 424612000003024 5.00 RM-8
.
Parcel 4 424612000003141 0.88 R-1-AM
parcel 5 424612000003190 0.88 R-1-AM
Sub-Total 9.79
~
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the rOCa~Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
r . .. ......':":':.. ... - ~'i.i;;-f-3V~~i)I1f~~T:mQ\:i~~~;~r~~~:r~{~;;ffi~':=~~7:""~.~:~=~~~.-.~.
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The subject property consists of a City owned parcel measuring 3.18 acres of land which is
located along the south side of 133rd Road S, and 9.79 acres of land making up two enclaves
which contains 4 parcels. The first enclave contains 3.03 acres located west of the City owned
parcel and the second enclave contains two parcels measuring 1.76 acres and located on the
west side of Barwick road; the other parcel measures 5.0 acres and is immediately to west of
these parcels on the south side of 133rd Road S (see attached map).
Planning and Zoning Board Mef of 07/17/06: Staff Report
Bexley Park - Annexation. FLUM ....nendment. and Rezoning
Page 2
Parcel 1 (City Owned)
Sub-Total
Enclave 1
Parcel 2
Enclave 2
Parcel 3
Parcel 4
parcel 5
424612000003202
1
424612000003024
424612000003141
424612000003190
1
1
1
4
5.00
0.88
0.88
9.79
1
Sub-Total
2
1
1
3
The property is bound to the south by the LWDD L-31 Canal and the Country Manors
Condominium development. To the west is a public park Bexley Park and to the east is
Barwick Road and Sabal Lakes Residential Development; and to the north is the 25' right-of-
way of 133rd Road S, the Bexley Park planned residential development. and Barwick Ranch
Subdivision. The access to these parcels is currently via 133rd Road S and from Barwick Road
itself.
The subject property is under the jurisdiction of Palm Beach County but in a designated
annexation area for the City of Delray Beach. The property is located in the City's Planning
Area, known as Annexation Area "E" (the North Military Trail Area), as noted in the Future
Land Use Element Policy B-3.5 of the Comprehensive Plan. The City has an advisory land
use designation of LD (Low Density Residential 0-5 du/ac) that allows for residential
development with a density between zero and five units per acre. An application is now before
the Board regarding a combined City initiated voluntary annexation and annexation via
interlocal agreement of the subject properties.
L ~-~-~~~~~ ~ ~ ~~----~-~~-- __V~~_~__ rt-__-_~~~ ~"-""-'
=ll~1-'f f;:, ~ I~ \ "r <.- V a D~\ " it' i;^1'1l ~ 'v ;;;$'<. ~o" ::f",'f 'r.to \...? "\ 1
" <, IT' ",J,k"Jf.~ 1,'rldj:) ~A~~I J l;r1,-~, ~~ \ll~cI-:JS2l\'Lt".L~~,1 r-lJ'-i'r1.Lj ~h) , ' ,I
--~
Current Land Use Desianation: The current land use map designation for the property is
County MR-5 (Medium Residential 0-5 du/ac). The current City "advisory" designation is LD
(Low Density Residential 0-5 du/ac).
Requested Land Use Desianation: The requested Future Land Use Designation is to City
MD (Medium Density 5-12 du/ac) in part and LD (Low Density Residential 0-5 du/ac).
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Desianated Annexation Area: The property to be annexed is located within designated
Annexation Area "E" on the east side of Military Trail north of Lake Ida Road. Annexation of
the territory is consistent with Future Land Use Element Policy B-3.5. which calls for
annexation of eligible properties through voluntary annexations as the opportunities arise; and
to address the annexation of improved property which lacks adequate sewer and water
facilities through the Palm Beach County Annexation Incentive Program. Excluding the City
owned 3.18-acre parcel (PCN 42-46-12-00-000-3200) two enclaves would exist one 3.03 acres
west of the city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each
of the two enclaves make up the balance of the property and is under 10 acres and therefore
are eligible for annexation via.an interlocal agreement pursuant to F.S. 171.046.
Planning and Zoning Board Mer 1 of 07/17/06: Staff Report
Bexley Park - Annexation, FLU!\'. _nendment, and Rezoning
Page 3
Land Use Analvsis:
Consistency Between the City and County Land Use Designations:
The proposed City Land Use Map Designation for the property is MD (Medium Density 5-12
du/ac) in part, and LD (Low Density 0-5 du/ac) in part. The existing County Future Land Use
Map Designation for the property is MR-5 (Medium Residential- 5 du/ac). The City's LD Land
Use Map Designation is consistent with the County's MR-5 designation in that Low Density
Residential is similar. The designation on a portion of property is now proposed to be medium
density allowing slightly higher densities. These are to be limited to 8 units per acre via the
zoning designation of RM-8. While slightly higher this density continue to be compatible with
the residential development to north, east, and south. The City's FLUM designation as initially
contained on the City's Future Land Use Map adopted by Ordinance 82-89 in November 1989,
are deemed to be advisory until an official Future Land Use Map Amendment is processed.
Adiacent Land Use Map DesiQnations. ZoninQ DesiQnations and Land Uses:
The following zoning designations and uses abut the subject property:
Norlh:
Zoning Designation
Plan Residential Development (PRO) and
Single Family Residential (R-1-M)
Multiple Family Residential - Medium
Densi RM
Use
Bexley park Subdivision and Barwick
Ranch Subdivision
South:
Country Manors Subdivision and
Canal L-31
East:
Plan Residential Development (PRO)
Sabal Lakes Residential Developoment
Bexle Park
West:
Allowable Land Uses:
Under the proposed Medium Density Residential 5-12 du/ac (MD) in part, and Low Density
Residential 0-5 du/ac (LD) in part Land Use Map designation, residential zoning districts which
accommodate single family units (R-1 thru R-1-AM) and multiple family units (RM) are
allowed. With the proposed zoning designation of R-1-AAA and RM-8 (limiting density
maximum to 8 units per acre) residential development compatible with the surrounding
residential patterns can be anticipated.
REQUIRED FINDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3:
Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application. These findings relate to
Planning and Zoning Board Met 1 of 07/17/06: Staff Report
Bexley Park - Annexation, FLUPI. _ ~nendment, and Rezoning
Page 4
the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the Land Development Regulations.
o Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future Land Use Map.
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which the
land is situated, and said zoning must be consistent with the land use designation as
shown on the Future Land Use Map. The proposed Multiple Family Residential - Medium
Density RM-8 and Single Family Residential (R-1-AAA) zoning districts are consistent with
the proposed MD (Medium Density Residential 5-12 du/ac) and LD (Low Density
Residential 0-5 du/ac) FLUM designation. Multiple Family Residential developments are
allowed in the RM-8 zoning district as a permitted use at a maximum density of eight (8)
units per acre. Single-family unit developments are allowed in the R-1-AAA zoning district
as a permitted use at a base rate of zero to five (5) units per acre. Based on the above,
positive findings can be made with respect to FLUM consistency.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
Provision of Services: When annexation of property occurs, services are to be provided
in a manner which is consistent with services provided to other similar properties already in
the City (Future Land Use Element Policy B-3.1). The proposal involves amending the
FLUM designation from County MR-5 to City MD (Medium Density Residential) in part, and
LD (Low Density Residential) in part for the subject property. Concurrency findings with
respect to Parks and Recreation, Police, Solid Waste, Traffic and Water and Sewer are
discussed below:
Parks and Recreation: The City provides 127. acres of activity based recreation facilities
such as tennis, baseball, basket ball, soft ball and other similar sports. An additional 247
acres are considered resource based activities such as beaches and lakes for swimming,
boating, picnicking, hiking, and other activities excluding golf courses. Within recreation
areas, amenities and facilities are provided to meet the demand for leisure opportunities for
all segments of the community. The City of Delray Beach provides a ratio of eight (8)
acres of park and recreational facilities per 1,000 people while the current national ratio is 3
acres of park and recreational facilities per 1 ,000 people. This indicates that the City will
have sufficient recreation facilities to accommodate any additional increase in the number
of residents anticipated from future development of the subject property.
Police: This property is currently serviced by the Palm Beach County Sheriffs Office,
located at 345 South Congress, which serves the South County area. The subject property
lies within Sheriff patrol zone 4. Zone 4 is bordered by EI Clair Ranch Road on the west,
the Atlantic Ocean on the east, Boynton Beach City limit on the north, and Atlantic Avenue
to the south. One officer is assigned to a particular zone during a shift (three shifts per
day). Additional response can be obtained from "Cover Cars" which patrol throughout
zones randomly, depending on their availability in South County during that time.
The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square
mile area; and, as a consequence, significantly improved response time should be realized.
Planning and Zoning Board Mee' of 07/17106: Staff Report
Bexley Park - Annexation, FLU'"" lendment, and Rezoning
Page 5
Annexation will not require additional manpower as the City patrols the area currently in the
city to the north, south, east, and west.
Fire and Emeraency Services: The annexation of this property will not require additional
manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida
Roads). With annexation, the property will receive an improvement in response time from
the current 5.5 minutes of the County Fire Department (Indian Springs/Military Trail and
Woolbright Road) to approximately 3 minutes for the City's Fire Department (Fire Station
NO.4 at Barwick and Lake Ida Roads).
Water: Municipal water service is available via connection to a 12" water main located
along 133rd Roas Sand Barcwick Road. With future development of the vacant property
extensions will be required.
Sewer: Sewer service is available adjacent to the site via an existing 6" force main along
the south side of 133rd Road S. Sewage mains and a new lift station have been
constructed as part of the infrastructure improvements of "the Bexley Park" subdivision.
Sewer service exist for single family homes along Barwick Road. With future development
new connections and main extensions will be required. Pursuant to the Comprehensive
Plan, treatment capacity is available at the South Central County Waste Water Treatment
Plant for the City at build-out.
streets: The subject property can be accessed via 133rd Road S and from Barwick Road.
133rd Road S and Barwick Road is under the jurisdiction of the City. With any future
development of the subject property proper public acces will be required.
Solid Waste: The future development of this property will continue to have minor solid
waste impact. The solid waste authority has indicated they have sufficient capacity exists
to service this area. The service provider will not change, as described later in this report.
o Consistency: The requested designation is consistent with the goals, objectives and
policies ofthe most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policy A-1.7: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need must
be supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
Planning and Zoning Board Mef of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM ~nendment, and Rezoning
Page 6
The proposal is associated with the annexation of this unincorporated property and
requires changing the FLUM designation from County to City. The current County FLUM
designation is MR-5 and the current "advisory" designation is LD (Low Density Residential),
which allows single family residential developments. As the City's FLUM designation is
being applied the requirement to provide justification for the need does not apply. It is
noted that the proposed R-1-AAA designation would allow the same density (0-5 du/ac) as
the one currently allow under the county designation of (MR-5). It is also noted that the
proposed MD (Medium Density Residential) being applied to the three most western
parcels will allow multiple family residential development (restricted to a maximum of 8
units per acre through zoning) which is compatible with the existing dev~lopments to the
north, south, and east Bexley Park, Country Manor Subdivision, and single family homes
respectively.
Future Land Use Element Objective A-1: Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical. considerations; is complimentary to
adjacenUand uses; and fulfills remaining land use needs.
The subject property does not have any unique environmental characteristics that would
require mitigation measures. Under the LD FLUM designation, a range of 0 to 5 du/ac is
allowed. Also, under the MD FLUM designation, a range of 5 to 12 du/ac is allowed
(restricted to 8 units per acre through zoning). The requested zoning designations of RM-
8 and R-1-AAA will be compatible with the adjacent development patterns.
Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously, the requested FLUM designation of LD (Low Density Residential)
in part, and MD (Medium Density Residential) in part, and zoning of R-1-AAA (Single
Family Residential) in part, and RM-8 (Residential Medium Density 8 du/ac) in part, will be
compatible with adjacent development patterns. Homeownership is a characteristic of
these designations. Consequently, compatibility with the abutting low density residential
properties to the east and north (Sabal Lakes and Barwick Ranch), as well as abutting
medium density residential properties to the south (Country Manor Subdivision) are
consistent with the proposed dsignation.
. Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Any future development of the subject property will be submitted to the site plan review
process and will be reviewed for compliance with the LDRs including compatibility with
adjacent uses.
\'. ----~~~~~hC" iC~~
~ ~ -', ; f" ,~ ~: ,....""'~U\~~""")iJ;il~~~)!-J\J:~ ~f',jJ ~ ~ ~ ,," :. -' .; ,_~<d1!,~r,.;:f,;~,.;."'jJ(1r':'''';~::\-_.'''~:_-J-:.,Jt,:'X,;:'.~
L..._..........~--'-~~~"~~...",__~~~~~ '"'"'~~~
Florida Statues Governing Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
Planning and Zoning Board Moo' of 07/17/06: Staff Report
Bexley Park - Annexation, FlUM . _ ..endment, and Rezoning
Page 7
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or man made
obstacle that allows the passage of vehicular traffic to that unincorporated area only through
the municipality.
· The property is contiguous with the City and reasonably compact. With regard to
creation of an enclave, in order to access the property one must first travel through
the City. Thus, excluding the City owned 3.18-acre parcel (PCN 42-46-12-00-000-
3200) two enclaves would exist one 3,03 acres west of the city parcel and the
second 6.76 east of the city parcel for a total 9.79 acres. Each of the two enclaves
make up the balance of the property is under 10 acres and therefore eligible for
annexation via an interlocal agreement pursuant to F.S. 171.046.
Chapter 171.046, Florida Statutes (2004), provides for annexation of certain enclaves by
entering into an Interlocal Agreement between the Municipality and the County having
jurisdiction over such enclave.
land Development Reaulations Governina Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation. Excluding the City owned 3.18-
acre parcel (PCN 42-46-12-00-000-3200) two enclaves would exist one 3,03 acres west of the
city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each of the two
enclaves make up the balance of the property is under 10 acres and therefore are eligible for
annexation via an interlocal agreement pursuant to F.S. 171.046.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Desianated annexation area: The territory to be annexed is located within the designated
annexation area "E" located on the east side of Military Trail north of Lake Ida Road.
Annexation of the subject territory is consistent with the Future Land Use Element Policy B-
3.5, which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise; and to address the annexation of improved property which lacks adequate
sewer and water facilities through the Palm Beach County Annexation Incentive Program. As
expressed previously, excluding the City owned 3.18-acre parcel (PCN 42-46-12-00-000-
3200) two enclaves would exist one 3,03 acres west of the city parcel and the second 6.76
east of the city parcel for a total 9.79 acres. Each of the two enclaves make up the balance of
the property is under 10 acres and therefore are eligible for annexation via an interlocal
agreement pursuant to F.S. 171.046.
CONCURRENCY:
Provision of Services: The provision of services to the subject property has been discussed
previously under the "Future Land Use Map Amendment Analysis" section of this report.
Planning and Zoning Board Me( of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM . _,lendment, and Rezoning
Page 8
Financial Impacts:
Effect upon Annexed Property:
The following table depicts the current assessed value and total (County) taxes for the subject
property:
~,,\4';,t - ~ t~ >~~:- : ~!,'/~~~i\:i" ~r-'~~'~~I.,Z~~' (eif~h- ,t -<<:-"q,"---f ~~{il~'5~;';"11o '~-:iJ~~5!))ht- T-~!~~,{ ~ ~-~iiS~ : ~~~~~~-:r~,ti~..
l___~~~.~:"l J1S~b2~it~::;;L~~~;~~jZfJM:~JJ~J~~L~_._~~~
00424612000003200 714,675.00
00424612000003202 331,847.00
00424612000003024 280,558.00
00424612000003141 223,950.00
00424612000003190 167,312.00
TOTAL $1,718,342.00
13,617.00
6,323.00
5,346.00
4,267.00
3,188.00
32,741.00
375.00 13,992.00 19.505361
415.00 6,738.00 19.505361
408.00 5,754.00 19.505361
276.00 4,543.00 19.505361
276.00 3,464.00 19.505361
$1,750.00 $34,491.00 19.505361
16,956.14
7,873.29
6,656.43
5,313.36
3,969.59
$40,768.81
$181.4423.725668 17,137.58
$181.4423.725668 8,054.73
$181.4423.725668 6,837.87
$181.4423.725668 5,494.80
$181.4423.725668 4,151.03
$907.20 23.725668 $41,676.01
3,145.58
1,316.73
1,083.87
951.80
687.03
$7,185.01
* Currently City owned the values noted would result after change in ownership.
For the 2005 tax year the subject property had an assessed value of $1,718,342.00. With the
change from County to City jurisdiction, the following taxes and rates will be affected:
5,325.14 3.19899 DELETE 0.00 0.000000
970.86 0.540301 DELETE 0.00 0.000000
252.61 0.0404 DELETE 0.00 0.000000
66.15 0.0385 66.15 0.038500
1,855.81 1 .099999 1,855.81 1.099996
7,646.62 4.5 7,646.62 4.5
462.58 0.26798 462.58 0.26798
1,183.42 0.690201 1,183.42 0.690201
381.47 0.274 381.47 0.274
4,560.48 2.547 4,560.48 2.594
8,838.17 5.65 9,667.85 5.564
1,025.85 0.597001 1,025.85 0.597001
171.84 0.09999 171.84 0.09999
7.466100 12,829.31 7.466100
0.533900 917.42 0.533900
"J
* Total tax millage in the county is 19.5443mills while in the city the total millage is 23.7256
mills. Therefore the difference is 4.181306 mills.
The current yearly ad valorem taxes are $32,741 with annexation the yearly ad valorem taxes
will be $40,768.81 (32,741+8,027.81=40,768.81); a tax difference of $8,027.81
(1,718,342x4.181306/1000=7,185.01). In addition to property taxes, the following Non Ad
Valorem fiscal responsibility will apply:
Planning and Zoning Board Mee of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM h.lendment, and Rezoning
Page 9
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the structures, buildings, parking areas, etc. If the property is developed
as a multiple family complex or is subdivided for residential purposes, an assessment of
$54.00 per unit would be applied. A 25% discount from the assessment is available since the
property is within the Lake Worth Drainage District. An additional 25% may be available if
drainage is retained on site. With the vacant properties, this assessment is not immediately
imposed. With the submittal of a future site plan, the storm water utility tax will be assessed.
Solid Waste Authority - The Barwick Road and Military Trail annexation areas are serviced
under a contract by Waste Management (pursuant to a contract awarded October 1, 2003).
City's contract is currently through Waste Management. Pursuant to Florida Statute 171.062
(4) (a) .. if a party has an exclusive franchise which is in effect for at least six months prior to
the initiation of an annexation, the franchise may continue to provide such services to the
annexed area for five years or the remainder of the franchise term whichever is shorter".
Thus, the waste service provider will not change with annexation.
Resulting Impacts to Property Owners: ecombined increase)
AD VALOREM TAXES 2005
City Mills. County Mills
23.72567 19.54436 =
NON AD VALOREM TAXES 2005
Stormwater Assessment
Solid Waste Collection
WATER & SEWER UTILITY FEES
ANNUAL FINANCIAL IMPACT:
+ $7,185.01
4.1813
$270.00
$211.20
$0.00
+ $7,666.21
Fire Response
+
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Ci .
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Ci .
Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 atroll cars durin the ni ht.
Pro-active vs reactive opportunity to work
with ro e owners.
Emergency Medical
Services EMS
Police
+
+
Code Enforcement
+
Fiscal Impacts to the City: At the 2005/2006 City operating milage of 7.4661 mills and debt
rate of 0.5339 mills, the property will generate approximately $13,746.74 in new ad valorem
taxes per year. With future development, additional revenues will be realized through
increased assessment value, building permit fees, the annual collection of the storm water
assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on
electric, telephone, and cable.
Planning and Zoning Board Mee of 07/17/06: Staff Report
Bexley Park - Annexation. FLUM ......Iendment. and Rezoning
Page 10
AD VALOREM TAXES 2004
City of Delray Beach 7.4661 Mills $12,829.31
City of Delray Beach Debt 0.5339 Mills $917.42
SUB-TOTAL $13,746.74
,
NON-AD VALOREM TAXES
Storm Water Utility (1 Unit @ $54) $0.00
SUB-TOTAL $13,746.74
PARK AND RECREATION IMPACT FEE
$500 per unit $0.00
TOTAL $13,746.74
L - -"". , - -~,' ~~. " ,i'e)\','!'\ie:, d\ ~I '\.tic vri~ ~ ' . .~ .-'~-P ~:-cc:::"~L~~:"":-;~.":' "~'_~ . .~~ 1
" - ~ . . ..._~'.4i~ _~, _.,g\[.;.JnJ~, L~J~-<" _ y",,,,,.,,y,,,,.,,,,,,,,,,,?+",,~,,, .s, "'....d I., ,1
-~~--"'~"",-""""",,,~~~~~~~""'.,;;w,;~~~~~~
Future Land Use Map Consistency. Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LDR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
The proposed City zoning designation is R-1-AAA (Single Family Residential) in part, and RM-
8 (Medium Density Residential 8 du/ac) in part, while the current County zoning designation is"
AR (Agricultural Residential).
The surrounding zoning designations are: City OSR (Open Space Recreational) to the west;
City PRO (Plan Residential Development) to the east; City PRO (Planned Residential
Development) and R-1-AA to the north; and City RM (Multiple Family Residential - Medium
Density) to the south.
COMPREHENSIVE PLAN POLICIES:
Previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report.
REQUIRED FINDINGS: (Chapter 3)
Previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
CONSISTENCY: Compliance with the performance standards set forth in LDR Section
3.2.2, along with the required findings in LDR Section 2.4.5(D) (5), shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
Planning and Zoning Board Moo of 07/17/06: Staff Report
Bexley Park - Annexation, FlUM ,.,.(Iendment, and Rezoning
Page 11
Comprehensive Plan Policies: Consistency with the Comprehensive Plan was
previously discussed under the Future Land Use Map Amendment analysis section of
this report.
Section 3.2.2 (Standards for RezoninQ Actions): standard "A", "B", "C", and "E" are not
applicable with respect to this rezoning request. The applicable performance standards
of Section 3.2.2 are as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The proposed amendment to MD (Medium Density 5-12 du/ac) in part, LD (Low
Density 0-5 du/ac) in part, is compatible with the existing land use designations in
the adjacent developments and is being proposed concurrently with a request 'for
annexation and initial zoning of R-1-AAA (Single Family Residential) in part, and
RM-8 (Medium Density Residential 8 du/ac) in part. Residential developments and
single family homes are allowed as a permitted use within t~e RM-8 and R-1-AAA
District respectively. Given the adjacent development pattern it seems appropriate
to recommend a land use designation of MD (Medium Density 5-12 du/ac) in part,
LD (Low Density 0-5 du/ac) in part. Thus, compatibility with adjacent residential
developments is not a concern.
The following zoning designations and uses border the property:
Zoning Designation
Use
North: Plan Residential Development (PRO) and Bexley Park Subdivision and Barwick
Single Family Residential (R-1-AA) Ranch Subdivision
South: Multiple Family Residential - Medium Country Manors Subdivision and
Densitv (RM) Canal L-31
East: Plan Residential Development (PRO) Saba' Lakes Residential Developoment
West: Open Soace and Recreational (OSR) Bexlev Park
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5eD) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the
rezoning fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
(a) That the zoning had previously been changed, or was originally established,
in error;
(b) That there has been a change in circumstances which make the current
zoning inappropriate; or
Planning and Zoning Board Moo of 07/17/06: Staff Report
Bexley Park - Annexation. FLUM .....Iendment. and Rezoning
Page 12
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the
unincorporated area of Palm Beach County. However. it is also within the City of Del ray Beach
reserve annexation. The City. being the current owner of one of these parcels. is seeking
annexation of this property into the City, which requires that appropriate City zoning
designations be applied. The proposed amendment to MD (Medium Density 5-12 du/ac) in
part. LD (Low Density 0-5 du/ac) in part Land Use Map designation and RM-8 (Residential
Medium Density 0-8 du/ac) in part. and R-1-AAA (Single Family Residential) in part zoning are
deemed compatible with the existing land use designations and the adjacent development
pattern and zoning designations. Based upon the above. positive findings can be made with
respect to LOR Section 2.4.5(0) (5).
\ t;; ~-"\A l<. v~" \;l"/ ~ );--,,,,"r~-;;-"~ .--" --- - 7~"""" " ,,..,,~~- ~ < """'~~~-~-_ -. ~ ~ :""1
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The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On July 12, 2006. the Palm Beach County Planning Division was notified of the City's intent to
annex this property. Response has not yet been received.
lake Worth Drainaae District:
On July 12. 2006, Lake Worth Drainage District was notified of the City's intent to annex this
property. Response has not yet been received.
IPARC Notice:
Notice of the Future Land Use Amendment has also been provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Jerry Franciosa. PROD
o Carolyn Zimmerman. Presidents Council
o Gerald De Poet Country Manor
o Bruce R. Shumer. Sabal Lakes
o Prime Management Group Inc., Sabal Lakes
o Sal Cherch. Barwick Ranch Estates
o Don Klein, Barwick Estates
Planning and Zoning Board Mee of 07117106: Staff Report
Bexley Park - Annexation, FLUM ~.lendment, and Rezoning
Page 13
Public Notice:
Formal public notice has been provided to property owners of the annexation parcels and
owners within a 500' radius of the subject property. Additional letters of support or objection, if
any, will be presented at the Planning and Zoning Board meeting.
f: .-. -- ~ i~~~~~~;v,r~ri
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Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The City's MD (Medium Density 5-
12 du/ac) in part, LD (Low Density 0-5 du/ac) in part, Land Use Map Designation is consistent
with the County's MR-5 designation in that it is compatible with the existing land use
designations and the adjacent development pattem. This Future Land Use Map designation is
being proposed concurrently with a request for initial zoning of RM-8 and R-1-AAA District
which are also compatible with the surrounding development pattern.
The annexation will provide with better Police, Fire, EMS and Code Enforcement services.
The property will not experience a significant increase in ad valorem taxes. Upon development
of the property, park and recreation impact assessment fees will be imposed on any new
residential development.
The City will receive additional revenue from property taxes, in addition to storm water
assessment fees utility taxes, franchise fees, and licensing fees upon development. The total
immediate revenue increase is approximately $13,746.44, a year. Based upon the above, the
proposed Annexation, Future Land Use Map Amendment and associated Rezoning application
should be approved.
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A. Continue with direction.
B. Move a recommendation of approval to the City Commission for:
· The City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5
(Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD
(Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City)
located on the south side of 133rd Road S, 60' west of Barwick Road approximately
1,400' north of Lake Ida Road (PCN 42-46-12-00-000-3200), and
· A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach
County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from
MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to
MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning
from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in
part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing
four parcels and a total of 9.79 acres of land located on the west side of Barwick Road
approximately 1,400' north of Lake Ida Road.
by adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets the
Planning and Zoning Board Ml* of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM AI1lendment, and Rezoning
Page 14
criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
C. Move a recommendation of denial to the City Commission for:
· The City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5
(Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD
(Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City)
located on the south side of 133rd Road S, 60' west of Barwick Road approximately
1,400' north of Lake Ida Road (PCN 42-46-12-00-000-3200), and
· A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach
County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from
MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to
MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning
from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in
part and R-1-AAA (Single Family Residential) in part, for two (2) Endaves containing
four parcels and a total of 9.79 acres of land located on the west side of Barwick Road
approximately 1,400' north of Lake Ida Road,
and finding that the request is inconsistent with the Comprehensive Plan, and does not
meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations. .
Move a recommendation of approval to the City Commission for:
. A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5
(Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD
(Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 5-8 dulac) for a 3.18 acres parcel (owned by the City)
located on the south side of 133rd Road S, 60' west of Barwick Road approximately
1,400' north of Lake Ida Road (see map attached) PCN 42-46-12-00-000-3200); and
· A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach
County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from
MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to
MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning
from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in
part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing
four parcels and a total of 9.79 acres of land located on the west side of Barwick Road
approximately 1,400' north of Lake Ida Road (see map attached).
by adopting the findings of fact and law contained in the staff report, and finding that the
request is consistent with the Comprehensive Plan, and does meet the criteria set forth in
Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments: Location Map. Staff Report Prepared by: Estelio Breto, Senior Planner
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DAVID T. HARDEN, CITY MANAGER
MARK MCDONNELL, ,AIj:P, A.C1;ING DIRECTOR OF PLANNING AND
ZONING 7J1~ -jvI~ D
SCOTT PAPE, AICP, SENIOR PLANNER/\JT
MEETING OF DECEMBER 5, 2006
CITY INITIATED REZONING FROM AC (AUTOMOTIVE COMMERCIAL) IN
PART AND GC (GENERAL C,OMMERCIAL) IN PART TO CBD (CENTRAL
BUSINESS DISTRICT) FOR PROPERTY GENERALLY LOCATED BETWEEN
NE 4TH STREET AND GEORGE BUSH BOULEVARD AND EXTENDING
FROM THE FEC RAILROAD TO APPROXIMATELY % BLOCK EAST OF NE
6TH AVENUE.
THRU:
FROM:
SUBJECT:
The properties associated with the city initiated rezoning have a mixture of business and
professional offices, retail, automotive sales, and automotive repair uses. The proposed
rezoning was originally initiated in part by a private party and in part by the City. The portion
of the property (O.C. Taylor Automobile Dealership) subject to the proposed rezoning was
privately initiated. The applicant withdrew the request for the rezoning of this property at the
Planning and Zoning Board meeting of July 17, 2006. Based on the analysis contained in the
attached staff report, the basis for the rezoning of this property remain~ valid, thus the City
has become the applicant for the rezoning of all properties. It is noted that at the request of
the property owner of the Acura of Delray Beach automobile dealership, their property was
removed from the rezoning request.
Additional background and an analysis of the rezoning are provided in the attached Planning
and Zoning Board staff report.
At its meeting of July 17, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the rezoning request. The Board expressed concerns with rezoning the two
automobile dealerships (Acura of Delray Beach) along the east side of NE 6th Avenue since it
would create nonconformities of this existing use.
The Board unanimously voted 5-0 (Kincaid absent, and Eliopoulos stepped down) to
recommend approval of the Rezoning from GC (General Commercial) and AC (Automotive
Commercial) to CBD (Central Business District), for properties located between NE 4th Street
and George Bush Boulevard and extending from the FEC Railroad to approximately % block
east of NE 6th Avenue excluding the properties occupied by Acura of Delray Beach, by
adopting the findings of fact and law contained in the staff report, and finding that the request
and approval thereof is consistent with LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR
IO.M
City Commission Documentation
Meeting of December 5, 2006
Rezoning for North Federal Highway
Page 2
Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards for Rezoning Actions), and
the Goals, Objectives, and Policies of the Comprehensive Plan.
Move approval of the Rezoning from GC (General Commercial) and AC (Automotive
Commercial) to CBO (Central Business Oistrict), for properties located between NE 4th Street
and George Bush Boulevard and extending from the FEC Railroad to approximately % block
east of NE 6th Avenue excluding the properties occupied by Acura of Oelray Beach, by
adopting the findings of fact and law contained in the staff report, and finding that the request
and approval thereof is consistent with LOR Section 2.4.5.(0)(5) (Rezoning Findings), LOR
Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards for Rezoning Actions), and
the Goals, Objectives, and Policies of the Comprehensive Plan.
Attachments: Planning and Zoning Board Staff Report of July 17, 2006 and Ordinance
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REZONING
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MAP REF: U.t951H
ORDINANCE NO. 69-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL)
DISTRICT IN PART AND GC (GENERAL COMMERCIAL) DISTRICT
IN PART TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND
BEING PARCELS OF LAND GENERALLY LOCATED BETWEEN NE
4TH STREET AND GEORGE BUSH BOULEVARD AND EXTENDING
FROM THE FEC RAILROAD TO APPROXIMATELY ~ BLOCK
EAST OF NE 6TH AVENUE, AS MORE P ARTICULARL Y
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned AC (Automotive Commercial)
District in part and GC (General Commercial) District in part; and
WHEREAS, at its meeting of July 17, 2006, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0
to recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of CBD (Central Business) District for the
property described in attached Exhibit "A", Legal Description.
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon the effective date of
Ordinance No 38-06, under which official land use designation ofCC (Commercial Core) is affixed
to the subject parcel herein described.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 69-06
EXHIBIT "A"
LEGAL DESCRIPTION:
LOT 62, LESS ROAD RIGHTS-OF-WAY, IN McGINLEY & GOSMAN SUBDNISION, AS PER PLAT
THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM
BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 2, PAGE 87.
TOGETHER WITH:
THE NORTH 33.00 FEET OF LOT 40, LESS THE WEST 15.0 FEET FOR ROAD RIGHT-OF-WAY,
TOGETHER WITH THE NORTH 33.00 FEET OF LOT 41, TOGETHER WITH THE NORTH 33.00 FEET
OF THE WEST 25.90 FEET OF LOT 42, TOGETHER WITH THE WEST 25.90 FEET OF LOT 59 LESS
THE NORTH 8.00 FEET FOR ROAD RIGHT-OF-WAY, TOGETHER WITH LOT 60 LESS THE NORTH
8.00 FEET FOR ROAD RIGHT-OF-WAY, TOGETHER WITH LOT 61 LESS THE NORTH 8.00 FEET AND
THE WEST 15.00 FEET FOR ROAD RIGHT-OF-WAY OF McGINLEY AND GOSMAN'S SUBDNISION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 87 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE NORTH 33 FEET OF THE EAST 18 FEET OF LOT 42 AND THE NORTH 33 FEET OF LOTS 43
THROUGH 45, INCLUSNE, AND LOT 59, LESS THE NORTH 8 FEET AND THE WEST 27 FEET, AND
LOT 58, LESS THE NORTH 8 FEET FOR STATE ROAD RIGHT OF WAY, ALL OF McGINLEY AND
GOSMAN'S SUBDNISION, AS RECORDED IN PLAT BOOK 2, PAGE 87, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOTS 56 AND 57, OF McGINLEY'S AND GOSMAN'S SUBDNISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 87 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
TOGETHER WITH:
THE SOUTH 67 FEET OF LOTS 40, 41, 42, 43, 44 AND 45, McGINLEY AND GOSMAN SUBDNISION,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 87 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THAT PART OF LOT 40 AS CONVEYED TO
THE STATE ROAD DEPARTMENT OF THE STATE OF FLORIDA, AS IN OFFICIAL RECORD BOOK
463, PAGE 43, AND AS IN OFFICIAL RECORD BOOK 611, PAGE 728, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
3
ORD NO. 69-06
TOGETHER WITH THE NORTH ONE-HALF (N Y2) OF THAT CERTAIN ALLEY ABANDONED BY
RESOLUTION #2-74 OF THE CITY COUNCIL OF DELRA Y BEACH, FLORIDA, DATED FEBRUARY 4,
1974, AND RECORDED IN OFFICIAL RECORD BOOK 2268, PAGE 1690, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SUBJECT TO EASEMENTS CONTAINED THEREIN.
AND:
LOT 15, LESS THE WEST 24 FEET THEREOF; LOTS 16, 17,28 AND 29, LOT 30, LESS THE WEST 24
FEET THEREOF; AND THAT PART OF THE SOUTH HALF OF THE ABANDONED RIGHT OF WAY
FOR N.E. 7th COURT ABANDONED BY CITY OF DELRAY BEACH RESOLUTION No. R-74-656
RECORDED IN OFFICIAL RECORDBOOK 2347, PAGE 604 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, LYING ADJACENT TO SAID LOTS 28, 29 AND LOT 30, LESS THE
WEST 24 FEET THEREOF, ALL LYING AND BEING IN McGINLEY AND GOSMAN'S SUBDIVISION
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 87 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
A PORTION OF LOT 1 AND NORTHEAST SIXTH STREET (FORMERLY KNOWN AS OCEAN
AVENUE), AS SHOW ON PLAT OF HOFFMAN ADDITION, IN THE CITY OF DELRA Y BEACH,
FLORIDA, WHICH PLAT IS RECORDED IN PLAT BOOK 5, PAGE 3 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF SAID LOT 1 AT A POINT WHICH IS 10 FEET
WESTERLY FROM THE SOUTHEAST CORNER OF SAID LOT 1 MEASURED ALONG ITS SOUTH
LINE; THENCE RUN NORTH 1 DEGREE 08'05" WEST, PARALLEL TO AN 10 FEET WEST OF THE
EAST LINE OF SAID LOT 1, FOR A DISTANCE OF 247.67 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE EAST, AND HAVING A RADIUS OF 1940.08 FEET; THENCE RUN NORTHERLY
ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 77.14 FEET TO A POINT ON THE NORTH
LINE OF SAID LOT 1, WHICH POINT IS 8.47 FEET WESTERLY FROM THE NORTHEAST CORNER
OF SAID LOT 1 MEASURED ALONG ITS NORTH LINE; THENCE RUN WESTERLY ALONG THE
NORTH LINE OF SAID LOT 1 A DISTANCE OF 14.78 FEET MORE OR LESS TO THE NORTHWEST
CORNER OF SAID LOT 1; THENCE RUN SOUTHWESTERLY ALONG THE WEST LINE OF SAID LOT
1 AND THE SOUTHERLY EXTENSION THEREOF A DISTANCE OF 353.84 FEET MORE OR LESS, TO
ITS INTERSECTION WITH A LINE WHICH WAS THE FORMER CENTER LINIE OF NORTHEAST 6th
STREET; THENCE RUN EASTERLY ALONG SAID FORMER CENTER LINE A DISTANCE OF 70.42
FEET, MORE OR LESS, TO ITS INTERSECTION WITH A LINE WHICH IS 10 FEET WEST OF AND
PARALLEL TO THE EAST LINE OF SAID LOT 1, THENCE NORTHERLY ON SAID PARALLEL LINE
25 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
LOTS 14 THRU 19, LESS THE ROAD RIGHT-OF-WAY FOR N.E. 5th AVENUE (SOUTHBOUND U.S. #1)
AND LOTS 21 THRU 25, LESS THE ROAD RIGHT-OF-WAY FOR N.E. 6TH AVENUE (NORTHBOUND
4
ORD NO. 69-06
U.S, #1) ALL LYING IN HOFFMAN ADDITION, RECORDED IN PLAT BOOK 5, PAGE 3, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT 20 OF THE HOFMAN ADDITION TO DELRA Y, FLORIDA, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 5, AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, LESS THE EAST 5 FEET THEREOF AND FURTHER LESS THAT PORTION
THEREOF DESCRIBED AS FOLLOWS: FROM A POINT ON THE NORTH LINE OF SAID LOT 20,
LOCATED 5 FEET WESTERLY FROM THE NORTHEAST CORNER OF SAID LOT 20, RUN
WESTERL Y FOR 14.84 FEET; THENCE RUN SOUTHEASTERLY ALONG A CURVE CONCAVE TO
THE SOUTHWEST AND HAVING A RADIDS OF 15 FEET FOR 23.40 FEET THROUGH A CENTRAL
ANGLE OF 89 DEGREES 23 MINUTES 00 SECONDS TO A POINT ON A LINE PARALLEL TO AND 5
FEET WESTERLY FROM THE EAST LINE OF SAID LOT 20; THENCE RUN NORTH 01 DEGREE 08
MINUTES 35 SECONDS WEST ALONG SAID PARALLE LINE FOR 14.84 FEET TO POINT OF
BEGINNING.
SAID EXCLUDED PARCELS WERE CONVEYED TO THE STATE OF FLORIDA FOR RIGHT OF WAY
BY DEED RECORDED IN OFFICIAL RECORDS BOOK 428, AT PAGE 93, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOTS 36 AND 37, HOFMAN ADDmON TO DELRAY, PLAT BOOK 5, PAGE 3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, LESS THE WEST 5 FEET THEREOF AND LESS ADDITIONAL
RIGHT OF WAY FOR U.S. HIGHWAY #1.
TOGETHER WITH:
LOT 2 AND THE NORTH Y2 OF LOT 3, LESS THE EAST 10 FEET THEREOF AS DEEDED TO THE
STATE OF FLORIDA IN OFFICIAL RECORDS BOOK 563, PAGE 732, THE HOFMAN ADDITION TO
DELRA Y, FLA., ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF
THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK
5, PAGE 3.
TOGETHER WITH:
ALL OF LOT 4, AND THE SOUTH ONE-HALF (S Y2) LOT 3, LESS THE EAST 10 FEET THEREOF,
HOFMAN ADDITION TO THE CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
5
ORD NO. 69-06
LOT 5, AND THE NORTH ONE-HALF (N Yz) OF LOT 6, LESS THE EAST 10 FEET THEREOF, THE
HOFMAN ADDITION, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE
CLERK. IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 5, PAGE 3,
TOGETHER WITH:
ALL OF THE PLAT OF DUBLIN PROPERTIES I, LTD. AS RECORDED ON MAY 22,1991 IN PLAT
BOOK 67, PAGE 203, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION
9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. BEING A REPLAT
OF A PART OF "HALLER & GROOTMAN'S SUBDNISION" AS RECORDED IN PLAT BOOK 5, PAGE
4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, CITY OF DELRA Y BEACH,
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE SOUTH 200 FEET OF THE WEST 133 FEET OF PARCEL A, DANZANSKY PLAT, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 87 AT PAGE 28 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA..
TOGETHER WITH:
PARCEL A, LESS THE SOUTH 200 FEET OF THE WEST 133 FEET (AlK/A PUBLIX LEASE PARCEL),
DANZANSKY PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 87 AT
PAGE 28 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
PARCEL 1: LOT 7 AND THE SOUTH ONE-HALF (S Yz) OF LOT 6, THE HOFMAN ADDITION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS THAT PORTION DEEDED TO THE STATE
OF FLORIDA FOR ROAD RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORDS BOOK 491, PAGE
212, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH IMPROVEMENTS
THEREON.
PARCEL 2: THAT PORTION OF NORTHEAST FIFTH STREET EXTENDING WESTERLY FROM
NORTHEAST FIFTH AVENUE TO THE EASTERLY LINE OF THE FLORIDA EAST COAST RAILROAD
RIGHT-OF-WAY; OTHERWISE DESCRIBED AS LYING BETWEEN LOT 7, THE HOFMAN ADDITION,
PLAT BOOK 5, PAGE 3 AND LOT 1 OF DRINKWATER'S ADDITION TO HIGHLAND PARK, PLAT
BOOK 2, PAGE 80, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE WEST TEN
(10) FEET THEREOF.
THE ABOVE DESCRIBED PROPERTY IS A PORTION OF THE RIGHT-OF-WAY ABANDONED BY
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRA Y BEACH, FLORIDA, PASSED AND
ADOPTED IN REGULAR SESSION ON THE 10TH DAY OF OCTOBER, 1966, AND RECORDED ON
6
ORD NO. 69-06
OCTOBER 11,1966, IN OFFICIAL RECORDS BOOK 1436, PAGE 155, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
PARCEL 3: LOT 1, BLOCK A, DRINKWATER'S ADDITION TO HIGHLAND PARK, DELRAY,
FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 2,
PAGE 80, LESS THE EAST 10 FEET OF LOT 1, ALSO LESS A PARCEL OF LAND IN LOT 1, MORE
P ARTICULARL Y DESCRIBED AS FOLLOWS:
FROM A POINT ON THE NORTH LINE OF SAID LOT 1, LOCATED 10 FEET WESTERLY OF THE
NORTHEAST CORNER OF SAID LOT 1, RUN WESTERLY ALONG SAID NORTH LINE FOR 14.84
FEET; THENCE RUN SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST AND
HAVING A RADIUS OF 15 FEET FOR 23.40 FEET THROUGH A CENTRAL ANGLE OF 89 DEGREES,
23 MINUTES 00 SECONDS TO A POINT ON A LINE PARALLEL TO AND 10 FEET WESTERLY FROM
THE EAST LINE OF SAID LOT 1; THENCE RUN NORTH 1 DEGREE 08 MINUTES 05 SECONDS WEST
ALONG SAID PARALLEL LINE FOR 14.84 FEET TO THE POINT OF BEGINNING; TOGETIlER WITH
IMPROVEMENTS THEREON.
TOGETIlER WITH:
LOT 2, LESS THE EAST 10 FEET THEREOF BLOCK "A", DRINKWATER'S ADDITION TO IDGHLAND
PARK, ACCORDING TO THE PLAT TIlEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 80 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE WEST 10 FEET OF THE EAST 20 FEET OF LOT 3, BLOCK A, DRINKWATER'S ADDITION TO
HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE
80, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETIlER WITH:
LOTS 4 THROUGH 7, INCLUSNE, BLOCK "A", LESS TIlE EAST 10 FEET THEREOF,
DRINKWATER'S ADDITION TO IDGHLAND PARK, ACCORDING TO TIlE PLAT TIlEREOF,
RECORDED IN PLAT BOOK 2, PAGE 80, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
LOT 8 AND 9, LESS THE EAST 10 FEET THEREOF, FOR ROAD RIGHT OF WAY AND ALSO LESS
THAT PORTION OF LOT 9 FOR ADDITIONAL RIGHT OF WAY, AS SHOWN IN STATE ROAD RIGHT
OF WAY MAP RECORDED IN ROAD PLAT BOOK 2, PAGE 215, ALL IN BLOCK A, OF
DRINKWATER'S ADDITION TO HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 2, PAGE 80. ALL OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
7
ORD NO. 69-06
TOGETHER WITH:
LOTS 19,20,21,22,23,24 AND 25 OF HALLER AND GROOTMAN'S SUBDIVISION, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 4, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; LESS THAT PORTION THEREOF TAKEN FOR ROAD WIDENING AS
SHOWN ON STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP-SECTION No.
9301-206, ROAD No.5 (U.S. HIGHWAY No.1) SHEET 5 OF 6; AND LESS THEREFROM THE
FOLLOWING DESCRIBED PROPERTY:
A PARCEL OF LAND IN LOT 19, HALLER AND GROOTMAN'S SUBDNISION, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 5, AT PAGE 4, PALM BEACH COUNTY PUBLIC
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM A POINT ON THE NORTH LINE OF SAID LOT 19, LOCATED 5 FEET EASTERLY FROM THE
NORTHWEST CORNER OF SAID LOT 19, RUN EASTERLY ALONG SAID NORTH LINE FOR 15.16
FEET; THENCE RUN SOUTHWESTERLY ALONG A CURVE CONCAVE TO THE SOUTHEAST AND
HAVING A RADillS OF 15 FEET FOR 23.72 FEET THROUGH A CENTRAL ANGLE OF 90037'00" TO A
POINT ON A LINE PARALLEL TO AND 5 FEET EASTERLY FROM THE WEST LINE OF SAID LOT 19;
THENCE RUN NORTH 01008'35" WEST ALONG SAID PARALLEL LINE FOR 15.16 FEET TO THE
POINT OF BEGINNING.
TOGETHER WITH:
LOTS 26 AND 27, HALLER AND GROOTMAN'S SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 5 AT PAGE 4 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
8
ORD NO. 69-06
\
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
July 17, 2006
IV.B.2.a
Privately And City Initiated Future Land Use Map (FLUM) Amendment From
GC (General Commercial) To CC (Commercial Core) And Rezoning From
AC (Automotive Commercial) In Part And GC (General Commercial) In Part
To CBO (Central Business Oistrict) For Property Generally Located Between
NE 4th Street And George Bush Boulevard And Extending From The FEC
Railroad To Approximately % Block East Of NE 6th Avenue.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Applicant................................... New Urban Communities &
City of Delray Beach
Location...................................... Between NE 4th Street And
George Bush Boulevard And
Extending From The FEC
Railroad To Approximately %
Block East Of NE 6th Avenue.
Property Size.............................. 23.20 Acres
Future Land Use Map................ GC (General Commercial)
Proposed FLUM........................ CC (Commercial Core)
Current Zoning............................ GC (General Commercial) &
AC (Automotive Commercial)
Proposed Zoning........................ CBD (Central Business
District)
Adjacent Zoning................North: GC (General Commercial)
East: RM (Multiple Family
Residential - Medium
Density) & CF (Community
Facilities)
. South: CBD
West: RO (Residential Office)
Existing Land Use...................... Commercial/Office/Auto-
mobile Repair and Sales
Proposed Land Use.................... A Development Proposal Has
Not Been Submitted.
Water Service............................. Existing.
Sewer Service............................. Existing.
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The action before the Board is that of making a recommendation to the City
Commission on a privately and City initiated Future Land Use Map (FLUM) Amendment
from GC (General Commercial) to CC (Commercial Core) and rezoning from AC
(Automotive Commercial) in part and GC (General Commercial) in part to CBD (Central
Business District) for property generally located between NE 4th Street and George
Bush Boulevard and extending from the FEC Railroad to approximately % block east of
NE 6th Avenue.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to FLUM and Rezoning Amendments for any property within the City.
, -
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The properties (see attached location map) associated with the privately and city
initiated FLUM and rezoning have a mixture of business and professional offices, retail,
automotive sales, and automotive repair uses and consist of 23.20 acres. The
applicant for the privately initiated portion proposes to redevelop the existing site of an
auto dealership. The City initiated portion of this action is to extend the area under
consideration to be contiguous with the CBD district
This Future Land Use Map Amendment is being processed pursuant to the twice a year
statutory limits for consideration of plan amendments (F.S. 163.3187) as part of
Comprehensive Plan Amendment 2006-01.
LOR (Chapter 3) PERFORMANCE ST ANOAROS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written
materials submitted by the applicant, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land,.,pevelopment
Regulations.
Future Land Use Map: The resulting use of land or structures must be allowed in
the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land
Use Map.
The City has not received a development proposal for either the privately or City
initiated portions of the area. Therefore, compliance with the Future Land Use Map will
need to be considered on a case-by-case basis when individual development proposals
Planning and Zoning Board S'l Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 2
are submitted within this area. It is noted that the applicant has indicated that a mixed-
use project is being considered for the O.C. Taylor property that will consist of 30,000
square feet of commercial floor area and 95 residential units on the 3.1885 acre parcel.
This development would have a density of 30 dwelling units per acre, which is
considered an allowed use in the CBD zoning district.
The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive
Plan Consistency and Compliance with the Land Development Regulations are
discussed below.
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
(FLUM) must be based upon the findings listed below, and must be supported by
data and analysis that demonstrate compliance with these findings:
o Demonstrated Need -- That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, annexation into the municipal
boundaries, or similar circumstances. The need must be supported by data
and analysis verifying the changing demographics or other circumstances.
This requirement shall not apply to requests for the FLUM designations of
Conservation. or Recreation and Open Space; nor shall it apply to FLUM
changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The subject property is located within the North Federal Highway Corridor, which is
designated as a blighted area per the Comprehensive Plan.- Pursuant to the
Comprehensive Plan these areas shall receive special attention and assistance with
renewal. The North Federal Highway Redevelopment Plan indicates that the areas
south of George Bush Boulevard should be evaluated for a FLUM. change to
Commercial Core and zoning change to CBD.
The proposed FLUM amendment will fulfill Future Land Use Element Policy C-1.4,
stated as follows:
Future Land Use Element Policv C-1.4 - (in summary) ...the North Federal Highway
Corridor is identified as a blighted area. The North Federal Highway Redevelopment
Plan was approved by the City Commission on March 16, 1999. The Plan identified the
need for limited rezonings and LOR amendments, along with improvements necessary
to accomplish certain redevelopment goals. Future development in the area must be in
accordance with the provisions of the Redevelopment Plan. The following are the
objectives of the Plan:
. Improve the visual appearance of the corridor;
. Reduce and eliminate marginal and inappropriate land uses;
Planning and Zoning Board 8". Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 3
. Direct smaller business operations to more concentrated areas;
. Provide economic stimulation and investment in the area;
. Creation of jobs;
. Stabilize and preserve the residential neighborhoods through new development,
beautification, redevelopment, and the elimination of blight;
. Eliminate slum and blight through acquisition of properties.
The applicant of the privately initiated FLUMand rezoning has submitted the following
narrative in support of the proposed changes:
"The adopted North Federal Highway Redevelopment Plan states the following with
regard to the Future Land Use and Zoning of the area, between N.E. 4th Street and
George Bush Boulevard: "that the City will continue to study the feasibility of changing
the existing commercial areas south of George Bush Boulevard, except existing auto
dealerships, from General Commercial to Commercial Core. As the downtown area
grows and develops, greater areas may be incorporated into the CBD. Given its
proximity to the downtown core, this area is a prime location for future redevelopment
projects." With regard to the above exclusion of the auto dealerships, while the City
recognized the appropriateness of rezoning the area to CBD, it did not want to create
additional nonconforming situations which would ultimately contribute to the blight in the
area, as the ability to upgrade and enhance the properties would be significantly limited.
This would have occurred if the dealerships, zoned AC (Automotive Commercial), were
rezoned to CBD (Central Business District), as automotive sales and/or repairs are not
allowed within the CBD. However, it was not intended to prohibit privately-initiated
rezoning of the dealership properties. It is also noted the existing dealership will be
relocating from the site next year and many dealerships have been transitioning from
the Federal Highway corridor to the 1-95 corridor.
While the downtown area and the area north of George Bush Boulevard have seen
investment and redevelopment activity, the area south of George Bush Boulevard has
languished. The proposed Future Land Use Map amendment and rezoning will enable
the redevelopment of the existing automotive dealership to accommodate a mixed-use
project in an area that has been identified for expansion of the City's Central Business
District and serves as the gateway to downtown Delray Beach. The proposal will
provide economic stimulation and investment in the area and result in the
redevelopment of blighted properties. The proposed development will assist in the
stabilization of the surrounding neighborhood and should be an inducement to further
redevelopment of this section of Federal Highway, which has seen limited
redevelopment activity. Thus, the proposal is consistent with the objectives of the North
Federal Highway Redevelopment Plan."
The Planning Department has begun collecting and analyzing data as it pertains to the
area in question as directed. This area contains a concentration of automobile related
uses including full-service automotive dealerships, small free-standing paint, body and
repair shops, and surface parking with little or no landscaping. Many of the auto related
uses are nonconforming with respect to the use itself and/or development regulations.
These uses have a blighting influence on the area and over the years have been a
deterrent to revitalization and redevelopment in this area. Since the Walgreen's was
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Privately and City Initiated FLUM Amendment and Rezoning - North Federal rlighway
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constructed in 1991, the only other redevelopment activity to occur has been the Publix
complex (completed in 2001). As this area serves as the gateway to the downtown,
special attention to this area is needed. The proposed FLUM amendment and rezoning
will facilitate the elimination of the inappropriate land uses and expedite redevelopment.
Since this Comprehensive Plan policy is furthered by the proposed FLUM amendment,
a positive finding can be made with respect to fulfilling a demonstrated need.
o Consistency -- The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan.
As stated above, the proposal is consistent with the goals, objectives and policies of
the City's Comprehensive Plan as it relates to Future Land Use Element Policy C-
1.4. In addition to the above, the proposed amendment is consistent with following
applicable Goals, Objectives and Policies of the adopted Comprehensive Plan:
Future Land Use Element Obiective A-2 To reduce, and eventually eliminate,
uses which are inconsistent with the character of the City of Delray Beach, or which
are inconsistent with predominant adjacent land uses, and to ensure compatibility of
future development....
The proposed designation will promote the elimination of the existing auto
dealership and redevelopment of the properties which will be consistent with and
complementary to e~isting and future development envisioned for the area.
Future Land Use Element Policy A-1.2 - Zoning changes which would result in
strip commercial development shall be avoided. Where strip commercial
developments or zoning currently exists along an arterial street, consideration
should be given to increasing the depth of the commercial zoning in order to provide
for better project design.
The proposed rezoning to CBD will encourage the development of mixed use and
residential projects by increasing the allowed density.
Housing Element Policv 8-2.6 Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to
help stimulate demand for new housing in and around the Central Business District,
the development of new rental housing projects outside of the TCEA, N. Federal
Highway, and Lindell/Federal Highway area (formally Redevelopment area #6) is
discouraged.
The proposed FLUM amendment will facilitate redevelopment to accommodate
housing in close proximity to employment opportunities and services in the
downtown and along North Federal Highway.
o Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
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Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
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The non-residential development potential of the subject properties are essentially
the same under both the GC and CC FLUM designations. The proposed zoning
change to CBD will result in a slight reduction in the intensity of development versus
the GC zoning district given the more restrictive setback requirement.
City facilities such as water, sewer, and drainage have sufficient capacity to
accommodate development of this area at the potential development intensity
allowed under the proposed CC FLUM designation. Similarly, solid waste can be
accommodated by existing County facilities. With regard to traffic, trips generated
under both the existing GC and proposed CC FLUM designations will accommodate
the same intensity. The residential density increase from 12 units per acre to a
maximum of 30 units per acre is exempt from Palm Beach County Traffic
Performance Standards Ordinance, given the properties are located east of 1-95.
The Open Space and Recreation Element of the Comprehensive Plan states in its
conclusion that "The City will have sufficient recreation facilities at build-out to meet
the adopted standards". A park impact fee is collected to offset any impacts that
individual projects may have on the City's recreational facilities. Pursuant to LDR
Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to
issuance of a building permit for each residential unit. The School Concurrency
Application and Service Provider Form has been transmitted to the School District of
Palm Beach County. No problems are anticipated with obtaining a finding of
concurrency from the School District.
Thus, positive findings can be made at this time with regard to concurrency for all
services and facilities.
o Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The requested CC FLUM designation will be compatible with existing and future
land uses of the surrounding area and is an extension of the existing downtown
designations along the North Federal Highway corridor as was directed by the
Comprehensive Plan and the North Federal Highway Redevelopment Plan. As
previously stated the FLUM amendment and rezoning for these properties generally
involve the change in zoning from one commercial zoning designation to another
with the same commercial development potential. The additional residential density
will provide an incentive for redevelopment and ultimate revitalization of this area.
The proposal does not expand the commercial boundaries from those that currently
exist.
Based upon the above, the proposed FLUM amendment and Rezoning to CBD are
compatible with the existing and future land uses of the surrounding area, and a
positive finding with respect to compatibility can be made.
o Compliance -- Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
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Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
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As noted previously, a development proposal has not been submitted with the
proposed FLUM and rezoning request. Future redevelopment of the land will occur
in accordance with the City's Land Development Regulations during the site plan
review process. Given the above, a positive finding with respect to compliance with
the Land Development Regulations can be made.
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REQUIRED FINDINGS (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to approval of development
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written
materials submitted by the applicant, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of
this report. Compliance with the Land Development Regulations with respect to
Standards for Rezoning Actions and Rezoning Findings are discussed below.
Section 3.2.2 (Standards for RezoninQ Actions): Standards A, B, and E are not
applicable. The applicable performance standards of Section 3.2.2 are as
follows:
C) Zoning changes that would result in strip commercial development shall be
avoided. Where strip commercial zoning developments or zoning currently
exists along an arterial street, consideration should be given to increasing
the depth of the commercial zoning in order to provide for better project
design.
The proposed rezoning from GC to CBD would not create a situation that would
dictate the development of strip commercial development. The Downtown
Design Guidelines that apply to the CBD zoning district prevent the development
of strip commercial development by requiring that buildings be located toward
the front of a property and that parking areas would be located behind the
buildings.
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed;
or that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
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Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
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The following zoning designations and uses border the area:
Direction
ZoninQ
Uses
North
West
South
East
GC
RO (Residential Office)
CBD
RM & CF
Parking lot (under construction)
Residential and offices
Offices and retail
Residential & Commercial
The proposed rezoning is compatible with the adjacent land uses and consistent
with the development pattern along Federal Highway. Further, the CBD zoning
district contains development regulations that address the compatibility with less
intensive zoning districts.
Section 2.4.5CD}(5} (Rezoning Findings):
Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Chapter
Three, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the current
zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future land Use Map and that it is more appropriate for the property based
upon circumstances particular to the site and/or neighborhood.
As noted previously, the proposed modifications were suggested in the Comprehensive
Plan and North Federal Highway Redevelopment Plan. This area was designated as a
blighted area. The GC zoning district is of similar intensity as the CBD with respect to
commercial development. The increase in the residential density will encourage
redevelopment within the area and the revitalization of North Federal Highway.
However, the GC zoning designation has not been of sufficient density to stimulate the
desired redevelopment of this area. Therefore, a finding can be made the rezoning
fulfills subsections "b" and "c."
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the land Development Regulations shall specifically be
addressed by the body taking final action on the development proposal.
No formal development application has been submitted for the subject property.
Compliance with the Land Development Regulations will be reviewed when a
development is submitted. There are no problems anticipated with the ability to comply
with development standards regulations.
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Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
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The property is not in an area that requires review by the DDA (Downtown Development
Authority).
Community Redevelopment Agency (CRA):
The CRA reviewed the FLUM amendment and Zoning Map change at its meeting of
July 13, 2006 and recommended approval.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support or objection, if any, will be presented at the
Planning and Zoning Board meeting.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
. Neighborhood Advisory Council
. La Hacienda
. Progressive Residents Of Delray
Palm Trail
Presidents Council
The proposed amendments were anticipated by the Comprehensive Plan and North
Federal Highway Redevelopment Plan in order to stimulate redevelopment of this
blighted area. The proposed amendments will change the designations from one
commercial designation to another commercial designation. The increased intensity of
the residential density can be accommodated by the existing infrastructure. Positive
findings can be made with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required
Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive
findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings).
Therefore, the proposed FLUM amendment and Rezoning can be recommended for
approval based on the findings outlined in this report.
A. Postpone with direction.
B. Recommend to the City Commission approval of the FLUM Amendment and
Rezoning for the subject properties, by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is
consistent with the Future Land Use Element Policy A-1.7 of the Comprehensive
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Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
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Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning
Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards
for Rezoning Actions), and the Goals, Objectives, and Policies of the
Comprehensive Plan; or
C. Recommend denial of the FLUM Amendment and Rezoning by adopting the
findings of fact and law contained in the staff report, and finding that the request
is inconsistent with Future Land Use Element Policy A-1.7 of the Comprehensive
Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning
Findings), LDR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards
for Rezoning Actions) and the Goals, Objective, and Policies of the
Comprehensive Plan.
Recommend to the City Commission approval of the proposed FLUM Amendment from
GC (General Commercial) to CC (Commercial Core), and the Rezoning from GC
(General Commercial) and AC (Automotive Commercial) to CBD (Central Business
District), for properties located between NE 4th Street and George Bush Boulevard and
extending from the FEC Railroad to approximately % block east of NE 6th Avenue, by
adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with Future Land Use Element Policy A-1.7
of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5)
(Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2
(Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the
Comprehensive Plan.
Attachments:
. Proposed Future Land Use Map
. Zoning Map
. Location Map
Report prepared by: Scott Pape, Senior Planner