02-06-07 Agenda Reg
City of Delray Beach
Regular Commission Meeting
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Tuesday. FebruaJy 6. 2007
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray 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:
. January 16,2007
6. PROCLAMATIONS:
A. Recognizing 2-1-1 Awareness Week - February 11-18, 2007
B. Autism Awareness Month - April 2007
C. Recognizing Marguerette Juanita Bain McKay
7. PRESENTATIONS:
A. Recognizing and Commending Fred Sergio for his 90th birthday
B. "Spotlight on Education" - Tammy Ferguson, Principal, Village Academy
C. Special Recognition Awards -Area Schools - Project Holiday
8. CONSENT AGENDA: City Manager Recommends Approval.
A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
actions of the South Central Regional Wastewater Treatment and Disposal Board at
their Quarterly Annual Meeting of January 18,2007.
B. RESOLUTION NO. 7-07: Approve Resolution No. 7-07 assessing costs for
abatement action necessary to remove junked and/or abandoned vehicles from six (6)
properties throughout the City.
C. FINAL SUBDIVISION PLAT APPROVAL/CANNERY ROW: Approve the
subdivision plat for Cannery Row, located south of NE 4th Street between NE 1st
Avenue and NE 2nd Avenue (pineapple Grove Way).
D. REOUEST FOR SIDEWALK DEFERRAL/960 FERN DRIVE: Approve a
request to defer the installation of a sidewalk in front of 960 Fern Drive. Staff
recommends approval.
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E. REOUEST FOR SIDEWALK DEFERRAL/1825 COPELY PLACE.
VALENCIA COURT. LOT #4: Approve a request to defer the installation of a
sidewalk in front of 1825 Copely Place, Valencia Court, Lot #4. Staff recommends
approval.
F. CHANGE ORDER NO. 2/FINAL (CONTRACT CLOSEOUT)/OVERHOLT
CONSTRUCTION CORPORATION.: Approve Change Order No. 2/Final
(Contract Closeout) in the amount of a $44,595.90 decrease and final payment in the
amount of $82,665.96 to Overholt Construction Corporation for completion of the
Dekay Swim and Tennis Center Clubhouse Project. Funding is available from 380-
4150-572-62.60 (2004 G.O. Bond Fund/Dekay Swim and Tennis) and 117-4133-572-
63.90 (Recreation Impact Fee/Other Improvements).
G. SERVICE AUTHORIZATION NO.7 /CH2M HILL, INC.: Approve a Service
Authorization No.7 to CH2M Hill, Inc. in the amount of $63,500.00 for professional
services related to evaluating alternative water supply strategies. Funding is available
from 442-5178-536-31.30 (Water/Sewer Renewal and Replacement
Fund/Engineering/Architectural Services).
H. RIGHT OF ENTRY AGREEMENT AND EASEMENT DEED/FAIRWAYS
OF DELRAY: Approve and accept the right of entry agreement and easement deed to
allow the City to go onto certain common areas of Fairways of Dekay and to install a
reclaimed water line for irrigation purposes.
I. LIMITED ACCESS EASEMENT AGREEMENT/COMMUNITY LAND
TRUST: Approve a Limited Access Easement Agreement between the City and the
Dekay Beach Community Land Trust providing for the placement of a limited access
easement over the north property line, adjacent to SW 2nd Street.
J. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN
ELECTION: Approve the poll workers for the First Nonpartisan Election to be held
on March 13,2007.
K. CONTRACT RENEWAL/ACCURATE PARKING, INC.: Approve the renewal
of a contract with Accurate Parking, Inc. (formerly Parking Pros) for the staffing of the
South County Courthouse Garage on weekend evenings and special events. Funding is
available from 001-3151-545-34.90 (General Fund/Other Contractual Services).
L. AGREEMENT /BARWICK ROAD BAPTIST CHURCH: Approve an agreement
between the City and Barwick Road Baptist Church to allow the City to use the
southwest corner of the church property, located at 500 Barwick Road to locate a
temporary Fire-Rescue station for twenty-four (24) months or until the new ftre station
at Lake Ida and Barwick Road is complete.
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M. MEMORANDUM OF UNDERSTANDING/FIRST AMENDMENT TO
DECLARATION OF CONTINUING OBLIGATIONS AND RESERVATION
OF RIGHTS/GUARANTEE AGREEMENT /LIMITED PARKING LICENSE
AGREEMENT /BLOCK 69: Approve the Memorandum of Understanding, the First
Amendment to Declaration of Continuing Obligations and Reservation of Rights, the
Guarantee Agreement and the Limited Parking License Agreement between Block 77
Development Group, L.c., the City of Dekay Beach and the Community
Redevelopment Agency (CRA) subject to the closing and transfer of the Block 69
Parking Garage to the City.
N. RESOLUTION NO. 8-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/LANDSCAPE IMPROVEMENTS: Approve
and adopt Resolution No. 8-07 authorizing execution of a Maintenance Memorandum
of Agreement (MOA) with the Florida Department of Transportation (FDOl) for
maintenance of landscaping along the US 1 corridor from the C-15 Canal to Tropic
Boulevard; the Florida Department of Transportation (FDOl) will construct the
landscaping improvements and the City will be responsible for landscape maintenance.
There is no cost to the City for the installation of landscaping.
O. RESOLUTION NO. 9-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/LOCALLY FUNDED AGREEMENT:
Approve and adopt Resolution No. 9-07 authorizing execution of a Locally Funded
Agreement with the Florida Department of Transportation (FDOl) for the installation
of trombone style mast arm signals at the intersection of SR A lA and East Atlantic
A venue. The City is responsible for funding the added cost for the trombone style mast
arms at a cost of approximately $50,000.00. Funding is available from 334-3162-541-
68.31 (General Construction Fund/AlA Streetscape).
P. RESOLUTION NO. 10-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/ATLANTIC AVENUE BRIDGE
UNDERPASS ART PROJECT: Approve and adopt Resolution No. 10-07
authorizing execution of a Maintenance Memorandum of Agreement with the Florida
Department of Transportation (FDOl) for the installation of public art and
landscaping under the Atlantic Avenue Bridge. FDOT will make appropriate revisions
to the agreement once final drawings are provided by the City. There will be no cost to
the City other than routine maintenance.
Q. EXOTIC VEGETATION/UNIVERSAL BEACH SERVICES
CORPORATION: Approve and authorize Universal Beach Services Corporation to
proceed with the exotic vegetation removal associated with the Beach Renourishment
Project in the amount of $18,500.00. Funding is available from 332-4164-572-34.90
(Beach Restoration Fund/Other Contractual Services).
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R. SPECIAL EVENT REOUEST / A VDA 5K WALK/RUN: Approve a special event
request to endorse the 10th Annual Aid to Victims of Domestic Abuse, Inc. (A VDA) 5K
Walk/Run to be held on Sunday, October 13,2007 from 7:30 a.m. until approximately
noon, with set up at 5:30 a.m., to grant a temporary use permit per LDR Section
2.4.6(F) for the use of Anchor Park and the City right-of-way along Ocean Boulevard
from Casurina to George Bush Boulevard, to waive parking meter fees in Anchor Park
and Sandoway lot, and to authorize staff assistance for providing traffic control,
barricading, signage, clean up and stage set up and use; contingent on the sponsor
providing the required liability insurance.
S. SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE: Approve a
special event request to conduct the 39th Annual St. Patrick's Day Parade proposed to
be held on Saturday, March 17,2007, beginning with setup at 12:00 p.m., parade starting
at 2:00 p.m. and ending at approximately 3:30 p.m., and to grant a temporary use permit
per LDR Section 2.4.6(F) for the use of Atlantic Avenue from Venetian Drive to NW
1 st A venue for the parade and Venetian Drive and Gleason Street for staging of parade
entries; and to approve staff support for traffic control and security, barricading, EMS
assistance, trash removal, assistance in obtaining the FDOT permit and to allow event
signage to be put up ten (10) days prior to the event; contingent on the receipt of a hold
harmless agreement and receipt of the certificate of liability insurance.
T. CHILDREN'S SERVICES COUNCIL/MEMORANDUM OF AGREEMENT
AND SUBCONTRACTS/COMMUNITY CHILD CARE
CENTER/CHILDREN'S CASE MANAGEMENT ORGANIZATION:
Approve a Memorandum of Agreement between the City of Dekay Beach and
Children's Services Council (CSC) in the amount of $853,622.00 in support of the
Beacon Center Services at Village Academy Elementary School and Subcontracts
between the City and the Community Child Care Center and the Children's Case
Management Organization for carrying out services at the Beacon Center.
U. RESOLUTION NO. 5-07 AND RESOLUTION NO. 6-07: Approve Resolution
Nos. 5-07 and 6-07 adopting the ICMA 457 and 401A retirement plan with certain
elections.
V. DELRAY BEACH POP UP BOOK/JOINT FUNDRAISING PROJECT FOR
THE EDUCATION FOUNDATION: Approve a check request in the amount of
$13,000.00 to the Chamber of Commerce Education Foundation for the underwriting
of the All-America City page for the Dekay Beach pop up book.
W. PAYMENT/PRISTINE WATER SOLUTIONS: Approve a payment in the
amount of $28,980.00 to Pristine Water Solutions, Inc. for the initial polyphosphate
shipment for the Water Treatment Plant. Funding is available from 441-5122-536-52.21
(Water/Sewer Fund/Chemicals).
X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 16,2007 through February 2, 2007.
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Y. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Rangeline Tapping Services, Inc. in the amount of $50,000.00
for performing four (4) emergency line stops relating to the removal and
realignment of waters mains from under the footprint of the new
Environmental Services Department building and parking area. Funding is
available from 442-5178-536-63.50 (Water/Sewer Renewal and Replacement
Fund/Water Mains).
2. Contract award to West Construction, Inc. in the amount of $2,113,603.92 for
the construction of the Mangrove Park Project. Funding is available from 334-
4174-572-63.90 (General Construction Fund/Other Improvements).
3. Purchase award to Dell Computer Corporation in the amount of $29,856.75 for
purchase of twenty-five (25) desktop computers with customer software image.
Funding is available from 334-6112-519-64.11 (General Construction
Fund/ Computer Equipment).
4. Purchase award to Embroidered Products in the amount of $27,907.00 for the
purchase of uniforms for shift personal. Funding is available from 001-2315-
526-52.22 (General Fund/Uniforms/Linen Service).
9. REGULAR AGENDA:
A. CONDITIONAL USE REQUEST/U5. 145 AND 169 SE 6TH AVENUE:
Consider a request to allow a density in excess of 30 dwelling units per acre (37.53 units
per acre proposed) in the Central Business District for 135, 145 and 169 SE 6th Avenue,
a proposed 28 unit residential condominium located on the east side of SE 6th Avenue,
approximately 200 feet south of SE 1 st Street. (Quasi-Judicial Hearing)
B. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/SANTA FE SALON: Consider an appeal of the Site Plan Review and
Appearance Board's decision regarding the Santa Fe Salon, located at the Southwest
corner ofNE 2nd Street and NE 4th Avenue. (Quasi-Judicial Hearing)
C. WAIVER REQUESTS/SEAGATE HOTEL: Consider a request for waiver of
Land Development Regulations (LDR) Section 4.4.13(F)(3)(f), Section 4.4. 13 (F)(3) (h)
and Section 4.4.13(F)(3)(i), "Building Frontage and Front Setbacks", associated with the
Class V site plan for Seagate Hotel on Atlantic Avenue located on the south side of
Atlantic Avenue, between Venetian Drive and Gleason Street. (Quasi-Judicial
Hearing)
D. WAIVER REOUEST/DELRAY BEACH COMMUNITY LAND TRUST,
INC.: Consider a request for waiver of Land Development Regulations (LDR) Section
4.1.4(D), "Use of Lots of Record", and Section 4.7.12, "Other Incentives", governing
the use of 40-foot lots under the Workforce Ordinance for two (2) parcels submitted
for permitting by the Community Land Trust. The properties are located at 220 SW 4th
Avenue and 214 NW 8th Avenue. (Quasi-Judicial Hearing)
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E. REQUEST FOR IN-LIEU PARKING SPACES/INTELETRAVEL: Consider a
request from Inteletravel for the purchase of two (2) in-lieu parking spaces in the
amount of $15,600.00. Inteletravel is located at 209 North Swinton Avenue. (Quasi-
Judicial Hearing)
F. REJECTION OF BIDS/BEXLEY TRAIL COMMUNITY PARK
IMPROVEMENTS PROJECT: Consider rejection of all bids received for the
Bexley Trail Community Park Improvements Project and authorize staff to re-bid this
project.
G. WESTERN/SENIOR COMMUNITY CENTER NAMING CONTEST:
Provide direction regarding the proposed names for the Western/Senior Community
Center.
H. MARLOWE AND COMPANY/PROPOSAL FOR FEDERAL LOBBYING
SERVICES: Consider a proposal with Marlowe and Company to provide Federal
Lobbying Services for the City of Dekay Beach.
1. MANAGEMENT /STAFFING AGREEMENT/MAE VOLEN SENIOR
CENTER. INC.: Consider approval of a Management/Staffing Agreement between
the City and Mae V olen Senior Center, Inc. to provide programming for senior citizens
and continue its Alzheimer operations at the Western/Senior/Community Center.
J. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment for an unexpired term ending August 31,
2007. Based upon the rotation system, the appointment will be made by Commissioner
Fetzer (Seat #2).
K. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS:
Appoint three (3) regular members to the Board of Construction Appeals to serve two
(2) year terms ending August 31, 2008. Based upon the rotation system, the
appointments will be made by Commissioner Levinson (Seat #3), Commissioner
Montague (Seat #4), and Mayor Perlman (Seat #5).
L. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one
(1) regular member to the Nuisance Abatement Board for an unexpired term ending
March 31, 2008. Based upon the rotation system, the appointment will be made by
Commissioner Levinson (Seat #3).
M. SPECIAL EVENT REQUEST /DELRAY BEACH FILM FESTIVAL: Approve
a request to endorse the 2nd Annual Dekay Beach Film Festival proposed to be held
from March 13 through March 18, 2007; to grant a temporary use permit per LDR
Section 2.4.6(F) for the closure of NW 1 st Street on March 13, 2007 from 9:00 p.m. -
2:00 a.m., for the event party at DaDa's; to approve the reservation of sixteen (16) tee
times at the Municipal Golf Course on March 15, 2007 beginning at 9:00 a.m. for a golf
outing; to approve the use of the south end of the beach on March 17, 2007 from 8:00
a.m. to 12:00 p.m. for a surfing demonstration and contest; to approve the use of the
beach on March 16,2007 from 10:00 a.m. - 6:00 p.m., for Beach Tennis in front of the
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Marriott and Boston's On The Beach; to authorize staff support for the traffic control
and security for the street closure and event signage; contingent on the receipt of a hold
harmless agreement and receipt of the certificate of liability insurance.
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 59-06 (SECOND READING/SECOND 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.
B. ORDINANCE NO. 38-06 (SECOND READING/ADOPTION HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2007-1): Consider on second
reading an ordinance adopting Comprehensive Plan Amendment 2007-1 and associated
Future Land Use Map (pLUM) amendments. Amendment 2007-1 includes:
A. Text Amendments:
1. Future Land Use Element - Modification of the Commerce FLUM
designation to allow residential development within a designated overlay
district, subject to providing workforce housing.
11. Future Land Use Element - Modification of Mixed Use Categories to add
a description for the new "Congress Avenue Mixed Use" designation,
including provisions for maximum densities and intensities, workforce
housing and a transit-oriented development overlay near the tri-rail
station; and to delete the description for the "Redevelopment Areas"
designation.
111. Future Land Use Element - Amendment of Table L-7, Land Use
Designation/Zoning Matrix, to accommodate the new Congress Avenue
Mixed Use Designation.
IV. Future Land Use Element - Modification of Policy A-7.2 to include the
provision of workforce housing in the MROC (Mixed Residential Office
Commercial) zoning district which encompasses the new Congress
Avenue Mixed Use designation. Language is also added to support a text
amendment to allow residential development within workforce housing
overlay districts in the CMR (Commerce) FLUM designation when a
minimum of 25% of the units are workforce housing.
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v. Future Land Use Element - Modification of Policy A-7.4 to increase the
time for workforce housing units, constructed under the
Family/Workforce Housing Program, to remain affordable from 30 to 40
years.
Vl. Future Land Use Element - Modification of Policy A-2.4 to reflect
elimination of the potential for automobile dealerships between NE 5th
Street and George Bush Boulevard.
Vll. Future Land Use Element - Modification of Policy A-1.9 to support
adding a new mixed-use Future Land Use Map designation and zoning
district within the Congress Avenue Corridor. The new designation
permits Commercial, Office and Residential Development. Originally, an
overlay district was to be created and residential uses were not considered.
Provisions for maximum densities and intensities have also been added to
the policy.
Vlll. Capital Improvement Element - Modify Table CI-CIP (5-Year Capital
Improvements Schedule for Projects > $25,000) to reflect adoption of the
FY 2007-2011 Capital Improvement Program.
lX. Capital Improvement Element - Modification of the General Fund
Revenue and Expenditure Five Year Forecast Table to reflect the current
Planning period.
x. Coastal Management Element Modification of Policy C-3.5
(Reconstruction Necessitated by an Act of God) to allow commercial
structures to be rebuilt to pre-disaster use, densities and heights when
nonconforming structures within the Coastal Planning Area are destroyed
by a natural disaster. Currendy, this policy applies only to residential, hotel,
motel and resort dwelling unit structures. This amendment adds
commercial structures.
B. Future Land Use Amendments Map:
1. City Initiated Future Land Use Map amendment from TRN (Transitional)
in part, CMR (Commerce) in part, CF (Community Facilities) in part and
GC (General Commercial) in part to CMU (Congress Avenue Mixed Use)
for 225.5 acres, generally located south of West Atlantic Avenue to the L-
38 Canal, between Congress Avenue and the CSX Railway but including
the Congress Park, Congress Park South and Office Depot Developments
located on the west side of Congress Avenue.
11. City Initiated Future Land Use Map amendment from County MR-5
(Medium Density Residential 5 units per acre) to City MD (Medium
Density Residential 5-12 du/ac), for an area comprised of 3.18 acres,
located on the west side of Barwick Road, north of the L-31 Canal,
adjacent to the Bexley Park Subdivision.
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111. Privately Initiated Future Land Use Map amendment from IND
(Industrial) to CMR (Commerce) for the Depot Road property comprising
9.00 acres, located north of West Atlantic Avenue between Depot Road
and the CSX Railroad.
tv. City Initiated amendment from GC (General Commercial) to CC
(Commercial Core) for the North Federal Highway Area including 700
and 707 NE 6th Avenue (former o.c. Taylor Dealership) totaling 21.6
acres, located between NE 4th Street and George Bush Boulevard and
extending from the FEC Railroad to approximately % block east of NE 6th
Avenue.
C. ORDINANCE NO. 5-07 (FIRST READING/FIRST PUBLIC HEARING: City
initiated rezoning from MIC (Mixed Industrial and Commercial), PCC (planned
Commerce Center), POC (planned Office Center), PC (planned Commercial), and CF
(Community Facilities) to MROC (Mixed Residential Office and Commercial) for the
area bounded by West Atlantic Avenue on the north, the C-15 canal to the south, 1-95
transportation corridor on the east and generally Congress Avenue on the west together
with the Congress Park, Congress Park South and the Office Depot complexes, located
just west of Congress Avenue.
D. 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 corner of South Federal Highway and
Fladell's Way. (Quasi-Judicial Hearing)
E. 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 21.6 acres, located between NE 4th Street and
George Bush Boulevard and extending from the FEC Railroad to approximately %
block east of NE 6th Avenue.
F. ORDINANCE NO. 70-06: City initiated annexation and rezoning from County AR
(Agricultural Residential) to City RM-8 (Residential Medium Density 8 du/ ac) in part
for an area totaling 3.18 acres located on the west side of Barwick Road, north of the L-
31 Canal, adjacent to the Bexley Park Subdivision. (Quasi-Judicial Hearing)
G. ORDINANCE NO. 3-07: Future Land Use Map amendment (small-scale) from
County LR-1 (Low Density Residential 1 du/ac) to City LD (Low Density Residential o-
S 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)
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H. 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 corner of Conklin Drive and Military Trail. (Quasi-
Judicial Hearing)
1. RESOLUTION NO. 4-07/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY /COMMUNITY REDEVELOPMENT AGENCY /INTERLOCAL
AGREEMENT /145 SW 12TH AVENUE: Consider approval of Resolution No. 4-07
authorizing the City to purchase property, located at 145 SW 12th Avenue, to provide
land to be used in conjunction with the Neighborhood Resource Center; and approve
Contract for Sale and Purchase between the City and the Community Redevelopment
Agency (CRA) in the amount of $10.00; and approve an Interlocal Agreement between
the City and the Community Redevelopment Agency (CRA) providing that the CRA
shall pay for the construction costs of the conversion while the City shall oversee such
construction.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 2-07: Privately initiated amendments to the Land Development
Regulations (LDR), Article 4.7, "Family Workforce Housing," Section 4.7.9 "General
Provisions," to allow one (1) bedroom units in the Workforce Housing Program. If
passed, a public hearing will be scheduled for February 20, 2007.
B. ORDINANCE NO. 71-06: Privately initiated rezoning from I (Industrial) in part and
OS (Open Space) in part to MIC (Mixed Industrial and Commercial) for a 10.7 acre
property located along Depot Road north of the Old Train Station, between the CSX
Railroad and 1-95. If passed, a public hearing will be scheduled for February 20,2007.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: FEBRUARY 2, 2007
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JANUARY t6. 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 16, 2007.
1:
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Mayor Jeff Perlman
Absent - Commissioner Brenda Montague
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Nancy Norman from
Unity Church of Delray Beach.
3.
gIVen.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman stated he would like to move Item 8.L.B., Review and
Appealable Land Development Board Actions (Santa Fe Salon) of the Consent
Agenda to the Regular Agenda as Item 9.A.1.
He announced that there are several public hearings to add this evening
and stated these will be read quickly and placed on the February 6,2007 Agenda. Mayor
Perlman stated this will be for Item to.F., Ordinance No. 7t-06, Item to.G.,
Ordinance No. 70-06, and Item to.H., Ordinance No. 69-06.
The City Attorney stated Item to.D., Ordinance No. 3-07 and Item
10.E., Ordinance No. 4-07 will be continued to February 6, 2007 as well.
Mayor Perlman stated he would like to add Item 7.D., Special
Reco2:nition Award for Boston's on the Beach.
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson
- Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
01/16/07
5.
APPROVAL OF MINUTES:
Mrs. Ellis moved to approve the Minutes of the Regular Meeting of
December 12, 2006, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - 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
January 2, 2007, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes.
Said motion passed with a 4 to 0 vote.
Mrs. Ellis moved to approve the Minutes of the Workshop Meeting of
January 9, 2007, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes.
Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Reco2:nizin2: Black History Month - February 2007
Mayor Perlman read and presented a proclamation hereby proclaiming the
month of February 2007 as Black History Month. Lula Butler, Director of Community
Improvement, came forward to accept the proclamation.
7.
PRESENTATIONS:
7.A. Reco2:nizin2: and Commendin2: City Attornev Susan Rubv for 20 years
of dedicated service to the City of Delrav Beach
Mayor Perlman stated he had worked with the City Attorney for almost
seven years and she has been an excellent source of counsel. Mayor Perlman presented
the City Attorney with a plaque. Susan Ruby, City Attorney, stated it has been a pleasure
to have worked for the City of Delray Beach and she has worked with many great people.
7.B. Proiect Holidav - Delores Ran2:el
Delores Rangel, Administrative Assistant, stated her daughter Melissa
Rangel has been in the Air Force and has completed three tours successfully and is
currently training to go back to Iraq. Mrs. Rangel stated Project Holiday was launched
on October 18, 2006 and ended November 10, 2006 and there were over 40 volunteers
who helped with the packing of the care packages sent to military men and women
currently serving overseas in conjunction with the City of Delray Beach, Forgotten
Soldiers Outreach, Inc. and the You are Not Alone Organization. She stated over 278
care packages were sent with much needed items and letters from local schools and the
Parks and Recreation Afterschool Program were also included. Mrs. Rangel stated of the
278 packages seven of them are recipients from the City of Delray Beach. She stated the
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City of Delray Beach received emails and great responses from the soldiers who received
the packages. The City of Delray Beach received over $3,000.00 in cash and checks
which was used to purchase calling cards that were included in the care packages and it is
estimated that over $8,000.00 in merchandise from City departments as well as the
community at large. She stated the response was overwhelming and numerous calls were
received applauding the City's effort in this endeavor. Mrs. Rangel thanked Brenda
Montague who initiated this project, the Commission and the Mayor for their support. In
addition, Mrs. Rangel thanked former Commissioner Alberta McCarthy who is the
founder of "You Are Not Alone" which is the support group for local military families of
our troops. Mrs. Rangel stated the group meets once a month to share news and
friendship. Mrs. Rangel gave a special thanks to Mr. Robert Barcinski, Assistant City
Manager and Ivan Ladizinsky, Public Information Officer, and everyone who helped to
make this project a success.
At this point, Mrs. Rangel played a DVD for the Commission from News
Channel 5 regarding the Project Holiday. In addition, Mrs. Rangel and Mayor Perlman
presented special recognition awards to individuals of the community.
7.C.
2006 Die:ital Cities Survey Award - Information Technoloe:v Division
Joseph Safford, Finance Director, stated the National League of Cities
partners with the Center for Digital Government. The Center for Digital Government is
an institute that conducts research on best practices on local government. Mr. Safford
stated they partnered in conducting an annual survey on information technology centers
around the United States since the year 2000. The annual study survey examines how
city governments are utilizing digital technology to better serve their citizens and
streamline the operations of their governments. The City of Delray Beach received a first
place award for cities with less than 75,000 in population. Mr. Safford stated the City of
Delray Beach was honored in a Special Awards Ceremony conducted by the center for
digital government in Reno, Nevada on December 7, 2006. He stated this is the City's
second consecutive year receiving the first place award. Mr. Safford congratulated Guy
Buzzelli, Chief Information Officer, and the entire staff of the Information Technology
Division for this performance achievement.
Mayor Perlman stated this is a very prestigious award and noted in 2000
the City of Delray Beach did not have a consolidated website. He feels the City of
Delray Beach has come a long way in the past seven years and now we are getting
national recognition. Mayor Perlman stated he was contacted today by an internet
company that is going to be locating in Delray Beach. He stated one of the reasons they
are here and what they would like to do in terms of their marketing is tie themselves to
the Digital Cities Survey winner.
Mayor Perlman presented the 2006 Digital Cities Survey Award to Guy
Buzzelli, Chief Information Officer/Information Technology. Mr. Buzzelli came forward
to accept the 2006 Digital Cities Survey Award.
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01/16/07
7.D. Special Rec02nition Award - Boston's on the Beach
Mayor Perlman stated this is a Special Recognition Award for Boston's on
the Beach which generously catered the Holiday Employee Luncheon this year. He noted
the award will be sent to them.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.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.
The caption of Resolution No. 3-07 is as follows:
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.
(The official copy of Resolution No. 3-07 is on file in the City Clerk's
office.)
8.B. CONTRACT ADDITION (CO. 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. I, 2, 3 and 5. Funding is available from 001-2311-522-46.10 (Fire
Department/General Fund/Building Maintenance).
8.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 $150,000.00 for
performing construction administration, engineering inspections, post construction
services and traffic improvements design/permitting services related to the construction
of the Western/Senior/Community Center Project. Funding is available from 380-4150-
572-62.58 (2004 G.O. Bond/Parks & Recreation/Western/Senior Center).
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01/16/07
8.D. LANDSCAPE MAINTENANCE AGREEMENTILENNAR HOMES.
INC.: Approve and accept a landscape maintenance agreement with Lennar Homes, Inc.
to place certain landscaping in the City's right-of-way along Swinton Avenue south of
SW 10th Street and adjacent to the FEC railroad, in conjunction with the Villages at
Swinton Square Project.
8.E. PURCHASE ORDER INCREASE/TANNER INDUSTRIES. INC.:
Approve an increase of$I,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).
8.F. HTE HARDW ARE/SOFfW ARE MODULE: Approve and authorize
Information Technology (IT) 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).
8.G. SPONSORSHIP SALES AGENT AGREEMENTILEVERAGE
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).
8.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.
8.1. SPECIAL EVENT REQUESTIHOW ARD ALAN 10th ANNUAL
WINTER STREET CRAFf FESTIVAL: Approve a special event request to endorse
the loth 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.
8.J. STREET CLOSURE APPRO V AL/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.
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8.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).
8.L. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.1.
8.M. AWARD OF BIDS AND CONTRACTS:
h 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).
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to
o vote.
9.
REGULAR AGENDA:
9.A.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period January 2,2007 through January 12, 2007.
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01/16/07
Mayor Perlman stated he pulled Item 8.L.B. because he received a call
from staff that SPRAB took out some of the Engineering specifications that staff felt was
very important to the project.
Mrs. Ellis moved to appeal Item 8.L.B. (Santa Fe Salon) to the February 6,
2007 City Commission meeting, seconded by Mr. Fetzer. Upon roll call the Commission
voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs.
Ellis - Yes. Said motion passed with 4 to 0 vote.
9.A. REQUEST 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)
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.
Scott Aronson, Parking Management Specialist, stated Bob's Famous Bar
(f/k/a Powers Lounge) has submitted an in-lieu of parking request and is located at 217
East Atlantic Avenue. The request is for 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
LDR's Section 4.4.13(G)(1)(d) will require six (6) additional parking spaces. The
applicant is seeking to purchase six (6) in-lieu 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
(CBD) 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.
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.
At its meeting of December 19,2006, the Parking Management Advisory
Board (PMAB) unanimously recommended approval of the applicant's request; at its
meeting of January 8,2007, the Downtown Development Authority (DDA) unanimously
recommended approval of the applicant's request; and at its meeting of January 11, 2007,
the Community Redevelopment Agency (CRA) considered this request and the action
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will be reported to the City Commission.
Bob Currie. Architect with Currie. Sowards. Ae:uila Architects. 134
N.E. 1st Avenue. Delrav Beach. stated this is a two-story building and the applicant is
proposing a roof-top garden.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the in-lieu request, to please come forward at this time. There
being no one from the public who wished to address the Commission regarding the
request for in-lieu parking spaces, the public hearing was closed.
Mr. Aronson stated the bar (rooftop deck) needs to be in association with
the restaurant and noted there is a City ordinance which does not allow stand alone bars
within fifty (50) feet of each other. He stated this bar is associated with the restaurant
and must meet the criteria of all City codes with respect to how the bar is operated in
conjunction with the restaurant.
The City Attorney stated in order for the Commission to grant the six (6)
in-lieu spaces the applicant would have to have an approved site plan.
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).
Mr. Fetzer moved to approve the Board Order as set forth, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0
vote.
9.8. CONDITIONAL USE EXTENSION REQUEST/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)
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.
At this point, Mr. Levinson stepped away from the dais.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-030 into the record.
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Mr. Dorling stated the action requested of the City Commission is granting
an extension of a conditional use approval to allow a building height in excess of 48 feet
(57 feet 6 inches approved) for Cityscape. The property is 2.5 acres and is located at the
northwest comer of N.E. 5th Avenue and N.E. 3rd Street. The property is 2.5 acres and
currently contains the Scobee Ireland Potter Funeral Home and two additional structures
occupied the site, the 704 square foot Native Florida Gallery (f/k/a 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 30 I
parking spaces.
On February 1,2005, the proposed development received Conditional Use
approval from the City Commission. On April 5, 2006, the Site Plan Review and
Appearance Board (SPRAB) unanimously approved a Class V site plan, landscape plan
and architectural elevations. It is noted that the development proposal was developed and
approved utilizing the Downtown Design Guidelines. The approved conditional use is
valid for 2 years and expires on February 1,2009.
Scott Porten. Applicant. Porten Russell. LLC. stated he is present this
evening for any questions the Commission have.
Mayor Perlman stated anyone from the public who wished to address the
Commission regarding the Conditional Use Extension Request, to please come forward at
this time. There being no one from the public who wished to address the Commission
regarding the Conditional Use Extension Request, the public hearing was closed.
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).
It was the consensus of the Commission to approve the Conditional Use
Extension until February 1, 2009.
Mrs. Ellis moved to approve the Board Order as set forth, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 3 to 0 vote.
9.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.
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At this point, Mr. Levinson returned to the dais.
Mrs. Ellis moved to grant approval for two (2) Call to Artists to be issued
for the City Hall and Knowles Park Art Projects, seconded by Mr. Fetzer. Upon roll call
the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson-
Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
9.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.
Brian Shutt, Assistant City Attorney, stated on December 5, 2006, the City
Commission approved an amendment with Cingular Wireless.
Mrs. Ellis asked if the City has the right to terminate the agreement. In
response, Mr. Shutt stated in the agreement the City does not have the right to terminate
unless New Cingular Wireless breaches the contract in some way. However, Mr. Shutt
stated the contract is still valid until 2031.
Amanda Solomon, Telecommunications Systems Manager, expressed
concern with the terms and the rent.
Mrs. Ellis moved to approve the First Amendment to the lease agreement
with New Cingular Wireless, seconded by Mr. Fetzer. Upon roll call the Commission
voted as follows: Mr. Fetzer - No; Mr. Levinson - No; Mayor Perlman - No; Mrs. Ellis
- No. Said motion to approve was DENIED 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.
PUBLIC HEARINGS:
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 du/ac) for a 9.00 acre
portion of the Christ the King Monastery ofSt. Clare and rezoning from CF (Community
Facilities) to R-1-AA (Single Family Residential) and associated reduction oflot 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 comer of Sherwood
Boulevard and Sutton Place. If passed, a public hearing will be scheduled for February 6,
2007.
The caption of Ordinance No. 59 -06 is as follows:
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01/16/07
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 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; 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
DESCRffiED HEREIN; AMENDING "ZONING MAP
OF DELRA Y BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 59-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
The City Attorney stated this ordinance is a first public hearing and the
quasi-judicial hearing which consists of all the testimony and evidence is on the second
reading.
Paul Dorling, Director of Planning and Zoning, stated the proposal
involves 9.00 acres of a 10.98 acre site Christ the King Monastery of St. Clare which was
originally constructed in the late 1960's as a monastery for the Poor Clare Nuns.
Currently, the property is zoned R-l-AAA-B and the proposal is to change the land use
from CF to LD (Low Density Residential 0-5 dulac) from CF (Community Facilities) to
R-l-AA for this particular piece.
At its meeting of October 16, 2006, the Planning and Zoning Board held a
public hearing to consider the request for Future Land Use Map amendment (small-scale)
from CF (Community Facilities) to LD (Low Density Residential 0-5 dulac) and a
rezoning from CF (Community Facilities) to R-l-AA (Single Family Residential) for the
subject property. As part of this, there is a request to create two lots that do not meet the
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minimum requirements. Staff recommends approval with the caveat that the conditions
in Section 6 be applied as they relate to compatibility with the adjacent neighborhood.
Mayor Perlman stated this is a first reading and first public hearing. If the
ordinance passes this evening, there will be a full quasi-judicial process and testimony on
February 6,2007.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time.
The City Attorney stated anything that is said this evening will be part of
the record and all these comments will be transferred for the record for the quasi-judicial
hearing. There have been some things that have been entered into the record so everyone
can look at the record and see some letters from Michael Weiner and other experts have
been entered into the record. All the testimony and all the records will be included in the
second hearing record.
Brian Link. who lives approximately 300 feet from the proposed land
use/zonin2: chan2:e and in close proximity to the waiver that is bein2: proposed. stated
he would like to be recognized in the effective party under Florida Statute 167. He stated
he followed the rules of the quasi-judicial process and submitted a letter to the City
Attorney. He received a letter back from the City Attorney recommending that he be
given party status. Mr. Link stated the letter stated that decision would be made by the
City Commission on January 2, 2007. In terms of process, Mr. Link stated the
procedures do not describe what happens and asked if there is going to be a formal
binding and when will this occur. The City Attorney stated it actually occurs at the time
of the quasi-judicial hearing. Mr. Link expressed concern that the ordinance does not
satisfy Florida Statute 166.041 which deals with procedures of adoption of ordinances
and resolutions. He also expressed concern over other process issues that involve the
ordinances and how the public hearings are being run and some of the comments apply to
the Planning and Zoning hearing. Mr. Link stated they intend to show that the ordinance
is not consistent with the Goals, Objectives and Policies of the Comprehensive Plan. He
stated he intends to show that concurrency has not been demonstrated, zoning is not
compatible with the Comprehensive Plan, and a demonstrated need has not been shown.
Michael Weiner. Attorney with Weiner & Aronson. P.A.. 102 North
Swinton Avenue. Delray Beach. representing the Applicant, stated knowing there is
going to be a full quasi-judicial hearing he reserves all rights.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 59-06, the public hearing was closed.
Mrs. Ellis moved to approve Ordinance No. 59-06 (First Reading/First
Public Hearing), seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes.
Said motion passed with a 4 to 0 vote.
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10.B. 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. (Quasi-Judicial
Hearing)
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
COMPREHENSNE 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 EFFECTNE 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. A public hearing and
quasi-judicial 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.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department proj ect file #2007-031.
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01/16/07
Mr. Dorling stated the request is for 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 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. 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.
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 in opposition to the proposal. After discussing the proposal, the Board
voted 6-0 to recommend approval ofthe rezoning and Future Land Use Map amendment.
Michael Carbone. NPC Holdim!s. LLC. stated he is present this evening
and is available to answer any questions the Commission may have.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition ofthe request, to please come forward at this time. There being no
one from the public who wished to address the Commission regarding Ordinance No. 83-
06, the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 83-06 on Second and FINAL
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
10.Co 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 of SW I ih Avenue and SW 2nd Street. (Quasi-Judicial
Hearing)
The caption of Ordinance No. 1-07 is as follows:
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
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01/16/07
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTNE 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. A public hearing and
quasi-judicial hearing was held having been legally advertised in compliance with the
laws ofthe State of Florida and the Charter of the City of Del ray 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.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-033 into the record.
Mr. Dorling stated the request is for 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 (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). 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.
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 in opposition to the proposal. After discussing the proposal, the Board
voted 6-0 to recommend approval of the rezoning.
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis, and stepped down from the dais.
Vice Mayor Ellis stated if anyone from the public would like to speak in
favor or in opposition of Ordinance No. 1-07, to please come forward at this time. There
being no one from the public who wished to address the Commission regarding
Ordinance No. 1-07, the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 1-07 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Vice Mayor Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with
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01116/07
a 3 to 0 vote.
to.D. ORDINANCE NO. 3-07: Future Land Use Map amendment (small-
scale) from County LR-l (Low Density Residential 1 du/ac) to City LD (Low Density
Residential 0-5 du/ac) and rezoning from County AR (Agricultural Residential) to City
R-l-AA (Single Family Residential) for a 0.72 acre property located at 2200 Lake Drive.
(Quasi-Judicial Hearing)
The caption of Ordinance No. 3-07 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 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.
(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.
Mr. Fetzer moved to approve to continue Ordinance No. 3-07 to a date
certain of February 6, 2007 at 7:00 p.m., seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman-
Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
to.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 (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. (Quasi-
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01/16/07
Judicial Hearing)
The caption of Ordinance No. 4-07 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 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.
(The official copy of Ordinance No. 4-07 is on file in the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance.
Mrs. Ellis moved to approve to continue Ordinance No. 4-07 to a date
certain of February 6, 2007 at 7:00 p.m., seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote.
to.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.
The caption of Ordinance No. 71-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
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01/16/07
ZONED I (INDUSTRIAL) DISTRICT TO MIC
(MIXED INDUSTRIAL AND COMMERCIAL)
DISTRICT; SAID LAND BEING A PARCEL
LOCATED NORTH OF THE OLD TRAIN STATION,
BETWEEN THE CSX RAILROAD AND 1-95, AS
MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, MARCH 2006"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 71-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mr. Fetzer moved to approve to continue Ordinance No. 71-06 to a date
certain of February 6, 2007 at 7:00 p.m., seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer -
Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
to.G. ORDINANCE NO. 70-06: City initiated annexation and rezoning from
County AR (Agricultural Residential) to City RM-8 (Residential Medium Density 5-8
duJac) for a 3.18 acres parcel located on the south side of 133rd Road 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.
The caption of Ordinance No. 70-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRA Y BEACH, A
PARCEL OF LAND LOCATED ON THE SOUTH
SIDE OF 133RD ROAD, 640 FEET WEST OF
BARWICK ROAD, AND APPROXIMATELY 1,400
FEET NORTH OF LAKE IDA ROAD, AS THE SAME
IS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO THE
EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO RM-8 (MEDIUM
DENSITY RESIDENTIAL - 8 UNITS PER ACRE);
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTNE DATE.
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01/16/07
(The official copy of Ordinance No. 70-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mrs. Ellis move to approve to continue Ordinance No. 70-06 to a date
certain of February 6, 2007 at 7:00 p.m., seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
10.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 ofNE 6th Avenue. (Quasi-Judicial Hearing) This ordinance to be continued to a
date certain of February 6, 2007.
The caption of Ordinance No. 69-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED AC (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 Y:z BLOCK EAST OF NE 6TH
AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, MARCH 2006"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 69-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mr. Fetzer moved to approve to continue Ordinance No. 69-06 to a date
certain of February 6, 2007 at 7:00 p.m., seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman-
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01/16/07
Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:22 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 Manaf!er's response to prior public comments and inauiries.
The City Manager had no response to prior public comments and
mqumes.
11.B.
From the Public.
None.
9.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).
Mr. Levinson moved to appoint Matthew Hartley as a regular member to
the Code Enforcement Board for a three (3) year term ending January 14, 2010, seconded
by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4
to 0 vote.
Mrs. Ellis moved to reappoint Glenn Schuster as an alternate member to
the Code Enforcement Board for a three (3) year term ending January 14,2010, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a
4 to 0 vote.
9.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).
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to approve a bid award to Accurate Event Services in the amount of
$37,587.00 (second lowest bidder) for private security services for the International
Tennis Tournament. He stated proposals were sent to five firms and the City received
two. The difference between the two proposals is $204.00. Mr. Barcinski stated staff
recommends awarding the bid to Accurate Event Services primarily because of their
expenence.
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01/16/07
Mrs. Ellis moved to approve a bid award to Accurate Event Services
(second lowest bidder) in the amount of $37,587.00 for private security services for the
International Tennis Tournament, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
9.G. GRANICUS. INC.NIDEO/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.
Chevelle D. Nubin, City Clerk, gave a brief overview of the video
streaming.
Mr. Fetzer moved to approve 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
Emergency Radio Station, seconded by Mrs. Ellis. Upon roll call the Commission voted
as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes. Said motion passed with a 4 to 0 vote.
9.H. BID A W ARDS/MUL TIPLE 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).
The City Manager stated the low bidder was for quantities that the City
cannot handle and this is why staff is recommending a bidder other than the low bidder.
Mrs. Ellis moved to approve the 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, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 4 to 0 vote.
12.
12.A.
FIRST READINGS:
NONE
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01/16/07
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.
City Manae:er
The City Manager stated at the League of Cities last Board meeting there
was discussion about the fact that the next general membership meeting falls during the
Florida League of Cities Legislative Action Days. He stated this will count as the general
membership meeting in March and encourage people to go up for the Florida League of
Cities Legislative Action Day which is March 28,2007. They also decided to send a bus
for both Palm Beach County Days and the Legislative Action Days.
Secondly, he stated the Installation Gala for the League this year will
tentatively be held at the Ritz Carlton on the third Saturday. The City Manager stated the
Ritz Carlton is leasing some space from the City of Lantana and they have indicated that
they will be out by that date. The City Manager reiterated that this is tentative and staff
will have to see how it works out.
The City Manager stated he had previously informed the City Commission
of some organizational changes and noted that he, Doug Smith, and Robert Barcinski
have been reviewing the organization and how they might modify it to help improve the
way the City operates. The City Clerk and the Public Information Officer (PIO) will
report to Assistant City Manager Doug Smith and some responsibilities of the Assistant
City Manager Robert Barcinski are going to be shifted to department heads in order to
relieve Mr. Barcinski from some of the event work.
13.B. City Attornev
The City Attorney thanked the City Commission for the 20 year
recognition award for the years of service to the City of Delray Beach.
Secondly, she reported that the R.A.C.E. study group has met again and
stated they are continuing to meet.
13.C.
13.C.1.
City Commission
Mr. Fetzer
Mr. Fetzer stated he saw emails today regarding some criminal activity in
the Lake Ida area. He stated there are some perceptions of crime levels that are not
accurate and asked if the Commission has any suggestions of what can be done. Mr.
Fetzer suggested that staff publicize the Police Department website so people can be
better informed (i.e. crime stats, etc.) He stated his particular neighborhood has
perceptions of criminal activity that in his opinion are not truly accurate.
Mayor Perlman stated he spoke to Chief Schroeder today and the email
that went out stated that there were nine burglaries in one day. There have actually been
four burglaries since November 1 st until today. The Chief responded to the homeowners'
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01116/07
association immediately and he will attend their February meeting. Mayor Perlman
stated when people hear of these things the sooner we can engage the Police Department
in getting out the accurate information the better off we are. Mayor Perlman stated there
is a rumor control hotline on the City's website but does not know ifpeople utilize this on
the website. He feels the best thing we can do is to put the Chief in the loop to get the
information out.
13.C.2.
Mrs. Ellis
Mrs. Ellis stated people have to protect their things as well as they can.
She stated people who have alarms do not always set them. Mrs. Ellis stated there are
some things that people do that prevent these crimes of opportunity. She stated that
people need to report suspicious activity and citizens can step forward in many ways to
help the police and the community.
She stated the Martin Luther King Breakfast was a great way to bring the
community together to honor a terrific man. Mrs. Ellis stated Mayor Perlman's
comments were pertinent to the occasion and it was nice to see everyone there.
13.C.3.
Mr. Levinson
Mr. Levinson briefly commented about the crimes of opportunity and
stated he received an email from Mr. Mike Cruz. Mr. Levinson stated he suggested to
Mr. Cruz that people go online to the Police Department's web site where they can obtain
the current crime stats.
Secondly, Mr. Levinson stated he has had several lengthy conversations
with Mr. Bill James who is the individual from the Governor's office responsible for the
drug policy.
Mr. Levinson inquired about the status of the process review. He asked
for an update for the Planning and Zoning Department and the Community Improvement
Department. The City Manager stated the Commission should receive a complete report
very shortly.
He stated he is disappointed regarding the newspaper about County
Commissioner Mary McCarty's distribution of the $3 million which was taken away
from the Cartoon Museum. Her office indicated that Delray Beach had a meeting (City
Manager and Mayor Perlman) to request $500,000. Commissioner McCarty agreed to do
this but asked that a letter be sent. Mr. Levinson stated no letter was sent and therefore
the City of Delray Beach will not receive any funding.
Mr. Levinson stated there was an article about a generator pack (people
who run the sewer system) between Boca Raton and the City of Delray Beach and asked
if there is an opportunity for the City of Delray Beach to sign deals like this where
communities might choose to put in their own generators for lift stations, etc.
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01116/07
He stated he too enjoyed Martin Luther King Day and commented about
the events. Mr. Levinson expressed concerns that in looking at many of the leaders in our
community that work on Martin Luther King Day the majority of them are older. Mr.
Levinson stated he is hopeful that the City can solicit younger people to take their place
in the future.
Lastly, Mr. Levinson commented about an article regarding Carver Estates
and noted there was a glowing editorial about what a wonderful job the Delray Beach
Housing Authority did to properly relocate people in a tough market, obtained vouchers
and moving assistance, and food. Mr. Levinson congratulated the Delray Beach Housing
Authority and stated he had lunch with Gary Rosen and Dorothy Ellington regarding the
Community Land Trust (CLT). Mr. Levinson stated they got some responsibilities
worked out and he feels this will allow us and them to work much closer in the future.
He reported the Delray Beach Housing Authority is very close to signing their agreement
with Auburn Development.
13.C.4.
Mavor Perlman
Mayor Perlman stated the Martin Luther King (MLK) Breakfast was great
and stated it was nice to see Spady and Old School Square working together. He stated
Perry Stokes did a wonderful job and noted that his mother was one of the first African-
American businesswomen in town who owned a fish market. Mayor Perlman stated Mr.
Stokes is working with young men at Carver Middle School and teaching them
everything from academics to etiquette.
Secondly, he announced that Patsy Westall's mom passed away and asked
the Commission to express their condolences to her.
Mayor Perlman stated he received a few telephone calls today based on
the story that ran today about the Boynton Beach Community Redevelopment Agency
giving money for gang prevention. He stated the Delray Beach Community
Redevelopment Agency (CRA) has been contributing to the cause of providing
community policing and assistance in public safety. Mayor Perlman stated he is a firm
believer that the answer is not more programs but is really about parenting and personal
responsibility. Mayor Perlman stated Lula Butler, Director of Community Improvement,
is talking about having meetings with the CSC to expand the Beacon Center to a second
Beacon Center. He feels these are the types of things we should be investing in and
stated during the MLK Breakfast they said that government needs to be accountable and
there is a role for government to do this. However, Mayor Perlman stated the home and
the community need to meet the City more than halfway.
The City Manager stated Chief Schroeder had a very good meeting at
Bump Mitchell's church regarding a program called "Stop the Violence" that the church
is working on. The City Manager stated there were approximately 40 people in
attendance and he was encouraged with the turnout and the discussion. The City
Manager stated the City of Delray Beach has a lot of programs in place for teenagers
- 24-
01/16/07
where some of the neighboring cities do not offer as much. He feels that this could be
why Delray Beach has not had the same level of gang activity as some of the neighboring
cities have experienced.
Mayor Perlman stated there is a downtown property owner who has had
his buildings tagged pretty substantially approximately a week ago and almost solved his
own case and he cultivated some other kids and they recognized the tagging. He stated
this child is from Tropic Isle and is a "gang wanna-be" and has been putting graffiti on
the stop signs, etc. in Tropic Isle. Mayor Perlman stated Bass Creek is getting hit and the
issues there are very real. He stated the Police Department is working on this.
There being no further business, Mayor Perlman declared the meeting
adjourned at 7:55 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on January 16, 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.
- 25 -
01/16/07
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
lAST NAME-FIRST NAME-4.1IDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Perlman. Jeffrev L. Delray Beach City Commission
MAILING ADDRESS Lakes Drive THE BOARD, COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON
971 Delray WHICH I SERVE IS A UNIT OF:
CITY COUNTY UcrJy (J COUNTY (J OTHER lOCAl. AGENCY
4 - . P:alm Reach NAME OF POlmCAI.. SUBOMSION:
Citv of Delrav Beach
DAlE ON WHICH VOlE OCCURRED MY POSITION IS:
1/16/07 YII ELECTIVE (J APPOINTIVE
WHO MUST FILE FORM 88
This fann 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 responsiblUties under the law when faced with voting on a measure in which you have a conflict of interest will vary greaUy depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fonn before
completing the reverse side and filing the fonn.
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).
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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 fonn with the person responsible for recording the min-
utes of the meeting, who should Incorporate the form in the minutes.
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APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE
TAKEN:
* You must complete and file this fonn (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)
Item lO.C
CE FORM 88 - EFF. 1/2000
PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the fon!1must be provided Immediately.to the other meri1bers of the agency.
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· The form. must be read. publicly at the next meeting after the form Is filed.
IF YOU MAKE NO ATTEMPlTO 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 mln~ of the
meeting, VtIho must Incorporate the fonn In the minutes. A copy of the form must be provided immediately to the other members of the
'agency, and the fonn must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I 4.effrey Perlman
,
. hereby disclose that on
January 16
, 20 ..QL:
(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.
Xl. 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 th8 speclal gain or loss of .. . ..... which
Is the parent organIZatIon or subsidiary of a principal which has retained me.
(b) The~beforemy agency and the nature of my cpOflictingintE!~t in the. measure is as follows: .
Dian:e Colonna, my wife, is the Executive Director of the Community'RedevelopmentAgenc
(eRA).. '1 have voting conflict on items that directly affect the CRA.
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1/11,/07
Date Flied
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. 1flOOO
PAGE 2
WHEREAS, many times when individuals need help with meeting life's
basic needs they are not sure where to turn; and
WHEREAS, Palm Beach County and the Treasure Coast are fortunate
to have a non profit agency, 211 Palm Beach/Treasure Coast, that has been in
the community for more than 35 years providing information and referral on
community resources, telephone counseling for distressed callers and suicide
intervention; and
WHEREAS, 211 Palm Beach/Treasure Coast will be recognized as the
central linkage point in our community providing individuals with the
information and support they need to solve their problems; and
WHEREAS, the staff and volunteers at 211 Palm Beach/Treasure
Coast are available 24 hours a day, 7 days a week and assisted over 121,000
callers in need of information, referrals to social services agencies or just
someone to talk to last year alone.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission do hereby proclaim
the week of February 11, 2007 - February 18, 2007 as
2-1-1 AWARENESS WEEK
in City of Dekay Beach, Florida and urge all citizens to be aware of the only
telephone number they need to know to access information on over 4,200
programs in our community that provide assistance in such areas as Insurance,
Volunteering, Food, Day Care, Mental Health Counseling, Support Groups,
Home Health Care, and Financial Assistance.
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 6th day
of February, 2007.
JEFF PERLMAN
MAYOR
rA
b.~
~
WHEREAS, our City is a community of compassion, and is dedicated to being a
wonderful place to live and raise a family; and
WHEREAS, every family faces challenges that require faith, love and hope; and
WHEREAS, autism affects one (1) in every one-hundred sixty-six (166) births in
America, including some of our own City's families, and is growing at a startling rate of ten
to seventeen percent (10-17%) per year; and
WHEREAS, autism is a complex developmental disability that typically appears
during the first three years of life, and is a result of a neurological disorder that affects the
normal functioning of the brain, impacting development in the areas of social interaction
and communication skills; and
WHEREAS, one should keep in mind that autism is a spectrum disorder and it
affects each individual differently and at varying degrees - this is why early diagnosis is so
crucial; and
WHEREAS, autism knows no racial, ethnic, or social boundaries, family income,
lifestyle, or educational levels and can affect any family, and any child; and
WHEREAS, it is known that with proper education, training and community living
options, individuals with autism can lead distinguished, productive lives in their communities
and strive to reach their fullest potential; and
WHEREAS, it is estimated the annual cost for lifelong care is $90 billion annually;
with a projected cost of $200-400 billion within ten (10) years, and yet service options lag the
needs of those impacted; and
WHEREAS, the Combating Autism Act was signed by President George W. Bush
in 2006 which authorizes ahnost $1 billion through 2011 in federal funding for autism-
related research, early detection, and intervention; and
WHEREAS, our Community supports increasing awareness of this challenging
disability and fair funding for research and services for those in need, and seeks compassion
for those families facing this challenge; and
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 April, 2007 as
Autism Awareness Month
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 6'" day of February, 2007.
JEFF PERLMAN
MAYOR
h.B
WHEREAS, Marguerette Juanita Bain McKay was born on February 11, 1917 in Delray
Beach, Florida, to Frances and Edmond Bain; and
WHEREAS, Mrs. McKay grew up attending school at the Delray County Training School
in Delray Beach, Florida; Industrial High School in West Palm Beach, Florida; Bethune Cookman
College in Daytona Beach, Florida; and Columbia University in New York City, New York; and
WHEREAS, Mrs. McKay shared her life with her three (3) sisters; Pearl Johnson, Anna
Mae Bain, Amy Roslyn Ivy (deceased) and one (1) brother Edmond Bain,Jr. (also deceased); and
WHEREAS, Mrs. McKay married George S. McKay (now deceased) and together they
raised two (2) children, The Reverend Michael L. McKay of Riverside, California, and The Reverend
Marcia M. Beam of Delray Beach, Florida; and
WHEREAS, Mrs. McKay is a devoted grandmother to five (5) grandchildren: Audrey
McKay of Bouie, Maryland; Michael Christopher McKay of Birmingham, Alabama; Vance Beam of
Lantana, Florida; Charise Beam of Delray Beach, Florida; and Rachel McKay of Atlanta, Georgia;
and
WHEREAS, Mrs. McKay is proud to be a great-grandmother to five (5) great-
grandchildren: Alexandra McKay, Kalib Bradford, Kyla McKay, Judah Beam, and Gabrielle McKay;
and
WHEREAS, Mrs. McKay, while raising her family, also taught in the Palm Beach County
School System and retired after thirty-two (32) years, teaching both children and adults; and
WHEREAS, Mrs. McKay was active in her church at St. Matthew's Episcopal Church in
Delray Beach, Florida, and was affiliated with the Nacirema's Club and the Eta Phi Beta Sorority in
the community.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida,
on behalf of the City Commission, and all of the citizens of Delray Beach do hereby recognize,
commend, and offer a sincere 90" Birthday wish to
Marguerette Juanita Bain McKay
and call upon all present to acknowledge and applaud the multitude of contributions Mrs. McKay
has made and continues to make to her community. She is a KEYSTONE TO HER FAMILY,
AN EDUCATOR. AND A COMMUNITY MINDED CITIZEN!
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 6lh day of February, 2007.
JEFF PERLMAN
MAYOR
cf<
~
(p.t
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # 8. H - REGULAR MEETING OF FEBRUARY 6.2007
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS
TO:
SUBJECT:
DATE:
FEBRUARY 2, 2007
This is before the City Commission to ratify the actions taken by the South Central Regional
Wastewater Treatment and Disposal Board at their Quarterly Annual Meeting on January 18, 2007.
By a vote of8 to 0, the SCRWID Board approved the following:
. Authorization to approve Hazen and Sawyer's Consulting Services Work Order No. 07-003 to
provide engineering, permitting, bidding and construction phase services for construction and
testing of deep injection well in the amount of $363,900.00 to be split 50/50 from each City's
Capital Fund.
. Authorization to approve Hazen and Sawyer's Consulting Services Work Order No. 07-004 to
provide engineering, permitting and biding services for the reclaimed water system expansion in
the amount of $597,920.00 to be split 50/50 from each City's Capital Funds.
Recommend ratification of the action approved by the SCR WID Board on January 18, 2007.
S:\City Oerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\SCRWID Board Actions\SCRWID Board Action of0206.07.doc
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
BOARD
City Council Members of
Boynton Beach & Delray Beach
Telephone
(561) 272-7061 (561) 734-2577
Fax: (561) 265-2357
www.scrwwtp.org
TO: Ms. Lanelda Gaskins
CITY OF DELRA Y BEACH
RECEIVED
JAN 2 3 2007
CITY CLERK
MEMORANDUM
FROM: Robert Hagel/Lori A. Osborn ~
DA TE: January 19, 2007
RE: RATIFICATIONS FOR SIGNATURE
Attached are two Ratifications from the Quarterly Annual Meeting of January 18, 2007
which require signatures. Could you please place these on the Agenda for your next
Commission meeting?
When you have all the signatures, keep one signed copy of each for your files and return
the other executed Agreement back to us along with the signed Ratification.
Please contact me at 272-7061 or losborn@scrwwtp.orQ when the Ratifications are
executed.
Thank you.
F:\docs\BdMtgs\Ratifs\2006-2007\MEMOSIDBMemoJanuary 19, 2007.doc
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 18, 2007
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on JANUARY 18, 2007, by a vote of 8-0, Authorization to approve Hazen
and Sawyer's Consulting Services Work Order No. 07-003 to provide
engineering, permitting, bidding and construction phase services for
construction and testing of deep injection well in the amount of $363,900 to
be split SO/50 from each City's Capital Fund.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action
independently.
The above action is hereby ratified in open session by the City of Delray Beach this _
day of , by a vote.
CITY OF DELRA Y BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docs\BdMtgs\Ratifs\2006-2007\DelrayBeachRatif 01-18-07. doc
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 18, 2007
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on JANUARY 18, 2007, by a vote of 8-0, Authorization to approve Hazen
and Sawyer's Consulting Services Work Order No. 07-004 to provide
engineering, permitting, and bidding services for the reclaimed water
system expansion in the amount of $597,920 to be split 50/50 from each
City's Capital Funds.
WHEREAS, said Board action requires ratification by the City of Delray Beach and the
City of Boynton Beach.
NOW, THEREFORE, the City of Delray hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Delray Beach this _
day of I by a vote.
CITY OF DElRAY BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docs\BdMtgs\Ratifs\2006-2007\DelrayBeachRatif 01-18-07. doc
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
SUBJECT:
A ENDA ITEM
RESOLUTION NO. 7-07
DATE:
FEBRUARY 2, 2007
This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned
vehicles from six (6) 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. 7-07
RESOLUTION NO. 7-07
A RESOLUTION OF THE CIlY COMMISSION OF THE CIlY OF DELRA Y
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CIlY OF DELRA Y BEACH, ASSESSING COSTS FOR
ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CIlY OF DELRA Y BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CIlY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERlY
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 Dekay 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 nuisance(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 Dekay 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 Dekay Beach has, pursuant to Chapter 90 of the
Code of Ordinances of the City of Dekay 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 Dekay 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 Dekay 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) of land described in said report, of the same nature and to the same extent as the lien for general city
taxes and shall be collectible in the same manner and with the same penalties and under the same provisions
as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be lega~ valid and binding obligations upon the property
against which said assessments are levied.
Section 3. That the City Clerk of the City of Dekay 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 Dekay 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 and shall become due and payable thirty (30) days after the mailing date of the
notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at
the rate of 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. 7-07
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 10 regular seSSlon on this
,2006.
day of
MAYOR
City Clerk
This instrument was prepared by:
Susan A. Ruby, City Attorney
200 N.W. rt Avenue
Delray Beach, Florida 33444
ATTEST:
Res. No. 7-07
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
710 & 714 S SWINTON AVE
20-46-43, E 390.05 FT OF N 244 FT OF E 3/4 GRACE COMMUNITY CHRIST &
OF L T 11 MISSIONARY CHURCH
(LESS E 33 FT SWINTON AVENUE & S 20 FT clo JEAN JOSEPH, REG AGT
SW 8TH ST RD R/WS) PB 28 P 68 7451 LADSON TERRACE
PCN: 1243462001 011 0021 LAKE WORTH, FLORIDA 33467
CASE NO. AV06-53412 CUST NO. 8441 $ 45.00 Inv. No. 30654
$ 25.00 Admin Fee
$ 70.00
710 & 714 S SWINTON AVE
20-46-43, E 390.05 FT OF N 244 FT OF E 3/4 GRACE COMMUNITY CHRIST &
OF L T 11 MISSIONARY CHURCH
(LESS E 33 FT SWINTON AVENUE & S 20 FT clo JEAN JOSEPH, REG AGT
SW 8TH ST RD R/WS) PB 28 P 68 7451 LADSON TERRACE
PCN: 12 43 46 20 01 011 0021 LAKE WORTH, FLORIDA 33467
CASE NO. AV06-53594 CUST NO. 8441 $ 45.00 Inv, No, 30655
$ 25.00 Admin Fee
$ 70.00
222 NE 16th STREET DEBORAH PEASON
PLUMOSA PARK SEC A LOT 57 PB 23 P 68 ;
PCN: 12434609 190000570 618 BUNTING DRIVE I
CASE NO. AV06-55144 CUST NO. 6367 DELRA Y BEACH, FL 33444 $ 45.00 Inv. No. 30656
I $ 25.00 Admin Fee
$ 70.00
230 SW 3rd AVENUE
TOWN OF DELRA Y ROBERT L & ANGELA D BURNS
S 75 FT OF N 150 FT OF E 1/2 IF S 1/2 BLK 39 2578 LAKE IDA RD
PB 11 P 34 DELRA Y BEACH, FL 33445
PCN: 12434616010390050
CASE NO. AV06-54664 CUST NO. 6631 $ 45.00 Ilnv. No. 30657
$ 25.00 Admin Fee
$ 70.00
710 & 714 S SWINTON AVE
20-46-43, E 390.05 FT OF N 244 FT OF E 3/4 GRACE COMMUNITY CHRIST &
OF L T 11 MISSIONARY CHURCH
(LESS E 33 FT SWINTON AVENUE & S 20 FT clo JEAN JOSEPH, REG AGT
SW 8TH ST RD R/WS) PB 28 P 68 7451 LADSON TERRACE
PCN: 1243462001 011 0021 LAKE WORTH, FLORIDA 33467
CASE NO. AV06-53398 CUST NO. 8441 $ 45.00 Inv. No, 30658
$ 25.00 Admin Fee
$ 70.00
RES. NO. 7-Q7.xls
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
2121 W ATLANTIC AVENUE
18-46-43, W 100 FT OF E 442.4 FT OF SLY BD FOOD MART
124.19 FT OF NW aka STOP-N-GO INC.
1/4 OF SE 1/4 L YG N OF ADJ TO SR 806 PB 6 clo ABUNASIR AHMED, REG AGT
P51 2121 W ATLANTIC AVE
PCN: 12434618000005150 DELRAY BEACH, FLORIDA 33445
CASE NO. AV06-55369 CUST NO. 12214 $ 45.00 Inv. No. 30659
-----.-- $ Admin Fee
25.00
$ 70.00
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING - i---
WRECKED OR INOPERABLE MOTOR HAZARDS; DECLARED NUISANCE
RES. NO. 7-Q7.xls
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
FFEBRUARY
CITY MANAGER
SUBJECT:
DATE:
FEBRUARY 2, 2007
This is before the Commission to approve the final subdivision plat for Cannery Row. The property
is located south of NE 4th Street between NE 1st Avenue and NE 2nd Avenue (pineapple Grove
Way).
The property consists of Block 73, Lots 1 through 24, Town of Linton Plat (plat Book #12, Page
#62 Public Records of Palm Beach County).
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Cannery Row.
S:\City Clerk\AGENDA COVER MEMOS\Fina1 Plat Agenda Memos\Fina1 Plat Cannery Row 02.06.07.doc
FROM:
SUBJECT:
DAVID T ~N CIT M~NAGER
PAUL DORLlNG, AICP, D CTOR OF PLANNING AND ZONING
SCOTT R. ZUBEK, SENIO PLANNER 5fJ<~
MEETING OF FEBRUARY 6, 2007 ***CONSENT AGENDA***
FINAL SUBDIVISION PLAT FOR CANNERY ROW, AN 82 UNIT, 3-STORY,
TOWNHOME DEVELOPMENT LOCATED SOUTH OF N.E. 4TH STREET,
BETWEEN N.E. 1ST AVENUE AND N.E. 2ND AVENUE (PINEAPPLE GROVE
WAY).
TO:
THRU:
The property consists of Block 73, Lots 1 through 24, Town of Linton Plat (Plat Book #12, Page #62
Public Records of Palm Beach County). The property is currently vacant and all existing structures have
been demolished. The north-south platted alley that bisected Block 73 was vacated by the City of Delray
Beach via City Resolution #20-65. The property is presently zoned CBD (Central Business District) and
has a Future Land use Map (FLUM) designation of CC (Commercial Core).
At its meeting of November 21, 2006 the City Commission approved an amendment to the Land
Development Regulations to the Central Business District Section 4.4.13(H) to allow residential
developments on the ground floor along Pineapple Grove Way, between N.E. 3rd Street and N.E. 4th
Street; and Section 4.4.13(F) to reduce the 3rd floor setback requirements for single use townhouse
structures along Pineapple Grove Way.
At its meeting of December 13, 2006 the Site Plan Review and Appearance Board Approved a Class V
Site Plan, Landscape Plan and Architectural Elevations for the 82-unit townhome type development. One
of the conditions of approval was the processing of a plat, which is now before the Commission for
approval.
The development proposal includes the construction of 82 townhouse units contained in 13 townhouse
building structures. In addition to the above, the plat includes 5 common area tracts, which are to be
dedicated to the City of Delray Beach for road, sidewalk, utility purposes and park purposes. A unit
shown on the plat as "Lot 12" will be set aside for a public art studio. All vehicular access is
accommodated via a 24' internal roadway system. Three ingress/egress points, two on N.E. 1st Avenue
and one N.E. 2nd Avenue (Pineapple Grove Way), provide access into the development.
The townhouse units will be developed on Lots 1-83, which range from 22.00' to 34.67' wide by 52.92' to
58.27' deep. Each multi-unit structure will be three stories, and contain between 4 and 16 dwelling units.
All units will have a two-car garage, 3 bedrooms, and vary in size from 1,882 square feet to 2,272 square
feet.
The Planning and Zoning Board considered the proposed plat at their meeting of December 18, 2006.
After reviewing the staff report, the Board voted 7 - 0 to approve the preliminary plat and to recommend
approval of the final plat to the City Commission.
City Commission Documentation
Meeting of February 6, 2007
Cannery Row Plat
Page 2
Approve the Final Plat for Cannery Row, by adopting the findings of fact and law contained in the
Planning and Zoning staff report (dated December 18, 2006), and finding that the request is consistent
with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions),
Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land
Use and Land Development Applications) of the Land Development Regulations.
Attachments:
. Reduced Plat
. Planning & Zoning Staff Report dated December 18, 2006
Staff Report Prepared By: Scott R. Zubek, Senior Planner
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PLANNING AND ZONING BOARD
,
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
December 18, 2006
V.A.
Combined Preliminary/Final Plat for Cannery Row, a proposed 82-unit townhouse
development located at the Southwest corner of N.E. 2nd Avenue (Pineapple Grove
Way) and N.E. 4th Street (Quasi-Judicial Hearing).
GENERAL DATA:
Owners/Applicant...................... Cary Glickstein, Ironwood
Development Inc.
Agent.......................................... Weiner & Aronson, P.A.
Location...................................... Southwest corner of N.E. 2nd
Avenue (Pineapple Grove
Way) and N.E. 4th Street.
Property Size............. ................. 4.47 Acres
Future Land Use Map............... CC (Commercial Core)
Current Zoning............................ CBD (Central Business
District)
Adjacent Zoning................North: RO (Residential Office), RL
(Multiple Family Residential -
Low Density) & R-1-AA
(Single Family Residential)
East: CBD (Central Business
District)
South: CBD (Central Business
District) & OSSHAD (Old
School Square Historic Arts
District)
West: OSSHAD (Old School Square
Historic Arts District)
Existing Land Use...................... Vacant
Proposed Land Use.................... Construction of 82, three-
story townhouse units.
Water Service............................. Connection available via an
existin~ 6" water main along
N.E. 1s Avenue.
Sewer Service............................. Connection available via an
existing 8" sewer main
located within N.E. 2nd
Avenue (Pineapple Grove
Way).
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V.A.
The item before the Board is that of approval of a preliminary plat and certification of a final plat
for a 4.47 acre townhouse development containing 82 townhouse units (3-story) to be platted as
Cannery Row. The subject property is located at the Southwest corner of N.E. 2nd Avenue
(Pineapple Grove Way) and N.E. 4th Street.
This plat is being processed pursuant to LOR Section 2.4.5(J), Major Subdivisions.
The property consists of Block 73, Lots 1 through 24, Town of Linton Plat (Plat Book #12, Page
#62 Public Records of Palm Beach County). The property is currently vacant and all existing
structures have been demolished. The north-south platted alley that bisected Block 73 was
vacated by the City of Delray Beach via City Resolution #20-65. The property is presently zoned
CBD (Central Business District) and has a Future Land use Map (FLUM) designation of CC
(Commercial Core).
Until recently, this city block was the site of a former Publix grocery store, United States Post
Office, Laundromat, other commercial uses.
At is scheduled meeting of November 21, 2006 the City Commission ratified an amendment to
the Land Development Regulations to the Central Business District Section 4.4.13(H) to allow
residential developments on the ground floor along Pineapple Grove Way, between N.E. 3rd
Street and N.E. 4th Street; and Section 4.4.13(F) to reduce the 3rd floor setback requirements for
single use townhouse structures along Pineapple Grove Way. These amendments were to
accommodate a related development proposal (Cannery Row Townhomes) which was
submitted as a Class V Site Plan. This development request went before the Site Plan Review
and Appearance Board (SPRAB) on December 13, 2006 (82-unit townhouse-type development)
and was approved, subject to the condition that the property be platted. The plat is now before
the Board for action.
The development proposal includes the demolition of the existing buildings and construction of
82 townhouse units contained in 13 townhouse structures, for an overall density of 18.3 units
per acre. The townhouse units will be developed on Lots 1-83, which range from 22.00' to
34.67' wide by 52.92' to 58.27' deep. Each multi-unit structure will be three stories, and contain
between 4 and 16 dwelling units. All units will have a two-car garage, 3 bedrooms, and vary in
size from 1,882 square feet to 2,272 square feet.
All vehicular access is accommodated via a 24' internal roadway system. Three ingress/egress
points, two on N.E. 1st Avenue and one N.E. 2nd Avenue (Pineapple Grove Way), provide
access into the development. Direct access to each unit will be accommodated via the internal
access Tract "E" and no unit will take direct access from any adjacent public right-of-way.
In addition to the above, the plat includes 5 common area tracts, which are to be dedicated to
the City of Delray Beach for road, sidewalk, utility purposes and park purposes. One of these
common area spaces is shown on the plat as Tract "G" and will serve as a public park. A 2,763
sq-ft. community facility (recreation center) will be located on Tract "F" and said tract is
dedicated to the Cannery Row Homeowners Association. A unit shown on the plat as "Lot 12"
will be set aside for a public art studio.
P&Z Board Staff Report, Mr '.,g of November 20, 2006, Cannery Row r ·
Page 2
Pursuant to Section 3.1.1 of the land Development Regulations, prior to approval of
development applications, certain findings must be made in a form which is part of the
official record. This may be achieved through information in the application, the staff
report, or minutes. Findings shall be made by the Board to approve or deny the
development application. These findings relate to Future land Use Map, Concurrency
and Consistency with the Comprehensive Plan, and Compliance with the land
Development Regulations.
Section 3.1.1 (A) - Future land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future land Use
Map.
The subject property has a Future land Use Map designation of CC (Commercial Core), and is
zoned CBD (Central Business District). Pursuant to the land Use Designation/Zoning Matrix
(Table l-7, Future land Use Element), the CBD zoning district is consistent with Commercial
Core land Use Map Designation. Furthermore, pursuant to lOR Section 4.4.13(B)(4), within the
CBD zoning district multiple family dwelling units, excluding duplexes, up to a maximum density
of 30 units per acre, are allowed as a permitted use. Based upon the above, it is appropriate to
make a positive finding with respect to consistency with the Future land Use Map designation.
Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1 (B) Concurrency as defined
pursuant to Objective B-2 of the Future land Use Element of the Comprehensive Plan
must be met and a determination made that the public facility needs of the requested
land use and/or development application will not exceed the ability of the City to fund
and provide, or to require the provision of, needed capital improvements for the
following areas:
Water and Sewer:
· Water service will be provided to the site via connection to a 6" water main along N.E. 1st
Avenue.
· Sewer service will be provided via installation of 8" mains within the internal roadway
system, which will connect to an 8" sewer main within N.E. 2nd Avenue (Pineapple Grove
Way) right-of-way.
· Adequate fire suppression will be provided via the relocation of a fire hydrant along N.E. 1st
Avenue and the installation of two fire hydrants at the north and south ends of the property.
The additional 82 multiple family units will have a minimum impact on water and sewer
demands as it relates to this level of service standard. The adopted Comprehensive Plan states
that the City's Water Treatment plant and South County Regional Wastewater Treatment Plant
have adequate treatment capacity for the City at build-out.
Drainaae:
Drainage is to be accommodated via sheet flow to catch basins that drain to a 6' wide by 4'
deep rock trench exfiltration system. There should be no impact on drainage as it relates to this
level of service standard.
P&Z Board Staff Report, Mr ..,g of November 20, 2006, Cannery Row r. I
Page 3
Streets and Traffic:
The proposed development is located east of 1-95, which exempts this project from having to
comply with the Palm Beach County Performance Standards Ordinance. The applicant has
submitted a traffic impact statement which indicated the project will generate 616 net new
external daily trips, 47 net new external AM peak hour trips and 54 net new external peak hour
trips.
Parks and Recreation Facilities:
The proposed units will not have a significant impact with respect to level of service standards
for parks and recreation facilities. However, pursuant to LOR Section 5.3.2, whenever a
development is proposed upon land which is not designated for park purposes in the
Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to
issuance of building permits for each unit. Thus, an in-lieu fee of $41,000.00 will be required of
this development.
Solid Waste:
Trash generated each year by this development will be approximately 0.52 tons per residential
unit (82 units) for a total of 42.64 tons/year. This increase can be accommodated by existing
facilities and thus, will not be significant with respect to this level of service standard.
School Concurrency:
A letter has not been received from the School District with respect to concurrency. It should be
mentioned that the applicant has submitted the required application to the School District for
concurrency determination with the Site Plan and a response is expected soon. It should also
be noted that the 83 multiple family dwelling units will have a negligible impact on levels-of-
service with respect to the School District.
Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining
Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site
Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency
is to be made.
As described in Appendix "An, a positive finding for consistency can be made as it relates to
Standards for Plat Actions.
Section 3.1.1 (D) - Compliance with the Land Development Reaulations:
. LOR Section 4.3.3(0)(2) (Plat Reauired):
Each townhouse, or townhouse type, development shall be platted with a minimum
designation of the interior street system as a tract. When the dwelling units are to be sold,
each unit must be shown on the plat. All townhouse units have been shown as separate lots
and the recreation, buffer, etc. portions of the development are shown as separate tracts.
An internal access tract is required and is dedicated on the plat as Tract "E." One
ingress/egress point has been provided from N.E. 2nd Avenue (Pineapple Grove Way) and
two access points are proposed from N.E. 1st Avenue.
P&Z Board Staff Report, Mf 19 of November 20,2006, Cannery Row r '
Page 4
. LOR Section 6.1.3(B)(2)(Sidewalk Oesian Reauirements):
Pursuant to LOR Section 6.1.3(B)(2), 5' wide sidewalks must be constructed within the street
right-of-way (or easement or tract) and must be constructed adjacent to the right-of-way
(easement or tract) line. A 5' wide concrete sidewalk is proposed along N.E. 2nd Avenue
(Pineapple Grove Way), N.E. 3rd Street, and N.E. 1st Avenue. A 5' wide concrete sidewalk
exists along N.E. 4th Street.
. LOR Section 5.3.1 (Riaht-of-Wav Dedication):
Per LOR Section 5.3.1 (A), streets, public or private, shall be shown on all subdivision plats
as tracts dedicated for such purposes.
Vehicular access will be taken directly from NE 2nd Avenue (Pineapple Grove Way) and N.E.
1st Avenue as points of ingress/egress to the dedicated internal access Tract "E." Pursuant
to LOR Section 5.3.1 (0)(2), the required right-of-way width for local residential streets is 50'
feet with curb and gutter, which currently exists on all the surrounding streets, except for
N.E. 4th Street. The ultimate right-of-way for N.E. 4th Street is 80' and this has been provided
in the plat. The southern 15' portion of this 80' right-of-way provides a right-hand turning
lane onto N.E. 2nd Avenue (Pineapple Grove Way).
Comprehensive Plan Policies:
A review of the objectives and policies of the Comprehensive Plan were conducted with the
Site Plan and all applicable objectives or policies along with a discussion on how they are
addressed is attached as Appendix "C".
Technical comments from the Planning & Zoning Department and Environmental Services
Department are attached as Appendix "B", and must be addressed prior to scheduling of the
plat for City Commission. While there are several comments, they are minor in nature and will
not impact the general plat diagram. It should be noted that the applicant is currently revising
the plat based upon comments generated during technical review; however, a revised plat has
not been submitted at the time this report was written.
This project proposal is not within the geographical area requiring review by the Historic
Preservation Board (HPB). However, the project proposal is within the area requiring review by
the Community Redevelopment Agency (CRA) and the Downtown Development Authority
(DDA).
Community Redevelopment Aaencv
The CRA considered the development proposal at its meeting of July 27, 2006 and
recommended approval.
Downtown Development Authoritv
P&Z Board Staff Report, Me .,g of November 20, 2006, Cannery Row r '
Page 5
The DDA considered the development proposal at its meeting of August 14, 2006 and
recommended approval.
Courtesy Notices:
A courtesy notice has been sent to the following neighborhood and civic associations:
· Neighborhood Advisory Council
· Progressive Residents of Delray (PROD)
· President's Council
· Delray Chamber of Commerce
· La Hacienda
Letters of objection or support, if any, will be presented at the Planning and Zoning Board
meeting.
The proposal to plat 82 townhouse units is consistent with the Zoning and Future Land Use Map
designation for the subject property. In addition, the proposed development is consistent with
the Pineapple Grove Way Plan. Positive findings can be made with respect to LDR Section
2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land
Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the
Goals, Objectives and Policies of the Comprehensive Plan. The plat and engineering plans will
require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this
report, before it can advance to the City Commission.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the request of the
Preliminary Plat and certification of the Final Plat for Cannery Row, by adopting the findings
of fact and law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions)
and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of
the Land Development Regulations, subject to conditions.
C. Approve the preliminary plat, and require submittal of a final plat to be processed separately.
D. Deny the preliminary plat and final plat with basis stated.
Move a recommendation of approval to the City Commission of the Preliminary Plat and
certification of the Final Plat for Cannery Row, 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(J) (Major Subdivisions), Section 3.2.3
(Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use
and Land Development Applications) of the Land Development Regulations, subject to the
following condition:
P&Z Board Staff Report, Me 19 of November 20, 2006, Cannery Row P- ·
Page 6
1. That all comments under the "Technical Items" section (Appendix "B") of the report be
addressed prior to scheduling the plat for City Commission action.
2. That a revision of the plat be submitted that reflects the approved site plan prior to
scheduling for City Commission action.
Attachments:
. Appendix "A"
. Appendix "B"
. Appendix "C"
. Location Map
. Reduced Survey
. Reduced Plat
. Reduced Site Plan
P&Z Board Staff Report, Mf ",g of November 20,2006, Cannery Row r ·
Page 7
A. Building design, landscaping, and lighting (glare) shall be such that they do not
create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
Not applicable
Meets intent of standard X
Does not meet intent
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives 0-1 and 0-2 of the Transportation Element.
Not applicable X
Meets intent of standard
Does not meet intent
C. Open space enhancements as described in Policies found under Objective B-1 of the
Open Space and Recreation Element are appropriately addressed.
Not applicable
Meets intent of standard X
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
Not applicable
Meets intent of standard X
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned
in a manner which is consistent with adjacent development regardless of zoning
designations.
Not applicable
Meets intent of standard X
Does not meet intent
P&Z Board Staff Report, Mf' "'1g of November 20, 2006, Cannery Row P' ~t
Page 8
F. Vacant property shall be developed in a manner so that the future use and intensity
are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
Not applicable
Meets intent of standard X
Does not meet intent
G. Redevelopment and the development of new land shall result in the provision of a
variety of housing types which shall continue to accommodate the diverse makeup of
the City's demographic profile, and meet the housing needs identified in the Housing
Element. This shall be accomplished through the implementation of policies under
Objective B-2 of the Housing Element.
Not applicable
Meets intent of standard X
Does not meet intent
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
Not applicable
Meets intent of standard X
Does not meet intent
I. Development shall not be approved if traffic associated with such development would
create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to remedy
the accident situation.
Not applicable
Meets intent of standard X
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a
feature of all new housing developments as part of the design to accommodate
households having a range of ages. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than 25 units.
Not applicable
Meets intent of standard X
Does not meet intent
P&Z Board Staff Report, Me '..,g of November 20,2006, Cannery Row p.-t
Page 9
The following comments must be addressed prior to scheduling the plat for City Commission:
Plannina & Zonina Department Comments:
Technical Comments:
1. Provide a copy of the Declaration of Covenants, Conditions and Restrictions for
Cannery Row Property Owners Association, Inc.
2. Provide a Recorded copy of the Articles of Incorporation for Cannery Row Homeowner's
Association, Inc.
3. The City has not received responses from any Utility Providers concerning the necessary
easements at the time these comments were drafted. The Final Plat cannot proceed to City
Commission until all responses have been received.
4. Additional plat & technical comments may follow up provision of requested information.
Plat Comments:
1. In the dedication language please revise "LOTS 1 THROUGH 84" to "LOTS 1 THROUGH
83."
2. The name of the owner and entity do not match in the dedication language and the
acknowledgement statement. Please also verify if said entity is an LLC or a Corporation.
3. The Engineering Plans show a 10' water easement between Lots 16 & 17 and the plat
shows a 12' easement; please clarify.
4. The width dimension for "Lot 73" is incorrectly labeled, please revise.
Environmental Services Department's Comments:
Plat Comments:
1. Provide proposed street names.
2. Water and Sewer easement language should match City of Delray Beach Standard
language.
3. Provide digital copy of recorded plat in format per City of Delray Beach Engineering.
4. Provide a detailed description of how each of these comments has been addressed with
next submittal, along with two sets of revised plans to the City of Delray Beach Engineering
Department, 434 S. Swinton Ave., Delray Beach, FL 33444.
5. Tracks A, B, C and D need to be dedicated to City of Delray Beach and not the public.
P&Z Board Staff Report, Mf ",g of November 20, 2006, Cannery Row r ·
Page 10
Technical Comments:
1. All sidewalks shall be a minimum of 5' wide and dimensioned. Clearly dimension 5'
sidewalks on paving and drainage. Clearly indicate if proposed sidewalk along NE 4th is to
be brick pavers.
2. Indicate location of irrigation water meters (east of 1-95 only).
3. Provide exclusive 12 feet water and sewer easements over water and sewer mains.
4. Show all easements on Landscape Plans.
5. Developer to ensure that no landscaping is planted over any exfiltration trenches.
6. A minimum 10 feet general utility easement is to be provided through the property.
7. Provide location of proposed street lights and address responsibility for installation and
maintenance per LDR 2.4.3 (D) (6).
8. Parking spaces in streets need to be asphalt not concrete. Clearly indicate on Plans with
appropriate hatching.
9. Provide a detailed description of how each of these comments has been addressed with
next submittal. Submit two sets of revised plans to the City of Delray Beach Engineering,
434 S Swinton Ave., Delray Beach, FL 33444.
10. Final Engineering comments will be generated after submittal of final engineering plans. The
following "Typical Final Engineering Comments" will have to be satisfied prior to obtaining a
building permit.
11. Health Department permits are required for this project. Provide copies of the water permit
and sewer permit.
12. A SFWMD permit is required for this project. Provide copy of permit or a letter of exception.
13. A recorded plat will be required prior to issuance of a building permit.
14. Indicate on last submittal of Landscaping Plan all existing and proposed easements.
15. Provide a copy of the permitted Landscape Plan.
16. Revise cross section 1-3-D to add C & G.
17. Engineer is to field verify location, size and depth of existing City of Delray Beach utilities
prior to submitting Final Engineering plans.
18. All proposed improvements within public rights-of-way shall be tied to a survey base line.
19. Provide verification from City of Delray Beach Chief Building Official that street lights within
public right-of way are on a separate circuit from all private electrical circuits.
20. Provide per LDR Section 2.4.3 (F) (4), a composite utility plan that shows the location of all
existing and proposed utilities (water, sewer, drainage, gas, power, telephone, and cable).
The composite plan shall be signed by a representative of each utility provider attesting to
P&Z Board Staff Report, Mf" ".,g of November 20, 2006, Cannery Row r- +
Page 11
the fact that services can be accommodated as shown on the composite utility plan. The
composite plan shall address the responsibility for relocation of existing services and
installation of new services.
21. A certified engineer's estimate will be required for all City maintained improvements. A
110% surety and 2% engineering inspection fees will be required. A Financial Guarantee
and Agreement for Completion of Required Improvements is required. This agreement can
be obtained at www.mydelraybeach.com. For additional information see Section II of the
City of Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy
and the return of the 110% surety; a 10% warranty surety will be required.
22. Provide a detailed description of how each of these comments has been addressed with
next submittal, along with two sets of revised plans to the Engineering Department, 434 S.
Swinton Avenue.
23. Additional comments may follow upon provision of requested information.
P&Z Board Staff Report, Mr .'9 of November 20, 2006, Cannery Row r- ·
Page 12
Future land Use Element Obiective A-1 - Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
The property was previously developed as a supermarket shopping center and a U.S. Post
Office. Given the development pattern of the surrounding area, which includes several multiple
family structures in the vicinity of N.E. 2nd Avenue (Pineapple Grove Way) and throughout the
CDB (Central Business District) zoning area, the proposed townhouses are consistent with the
neighborhood. There are no special physical or environmental characteristics of the land that
would be negatively impacted by the proposed townhouse development.
Section 2.4.5 (F)(5) - Compatibilitv (Site Plan Findinas): The approving body must make a
finding that development of the property pursuant to the site plan will be compatible and
harmonious with adjacent and nearby properties and the City as a whole, so as not to
cause substantial depreciation of property values.
The property is bordered by the following zoning designations and uses:
Direction
Zoninq
Uses
North
West
South
East
RO
OSSHAD
CBD,OSSHAD
CBD
Accountant & Misc. Offices
Law Offices & Residential
Realty Office & Residential
Pineapple Grove Promenade
The proposed townhouse development is compatible and consistent with the surrounding uses
and will not cause a substantial depreciation of property values.
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MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # <l:{) - REGULAR MEETING OF FEBRUARY 6. 2007
REQUEST FOR SIDEWALK DEFERRAL/960 FERN DRIVE
SUBJECT:
DATE:
FEBRUARY 2, 2007
This is before Commission to approve a request to defer the installation of a sidewalk in front of 960
Fern Drive.
Currendy, there are no sidewalks along the north or south side of Fern Drive and there are no plans
to install sidewalks along Fern Drive. Therefore, staff is in support of the request to have the
sidewalk in front of960 Fern Drive deferred.
Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk
improvements for 960 Fern Drive until such time as the City requests the sidewalk to be constructed.
S:\City Oerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Sidewalk Agenda Memos\SidewalkDeferra1Request 960 Fern Drive 02.06.07.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
FROM:
David T. Harden, City Manager ,~
Tracie M. Lutchmansingh, P .E., Asst. City Engineert{~ '-
26-Jan-07
TO:
DATE:
SUBJECT: City Commission Agenda Item
Sidewalk Deferral Request
960 Fern Drive
The attached agenda item is a request for a deferral of sidewalk installation in front of
960 Fern Drive. This is a Single Family lot located on the south side of Fern Drive.
There are currently no sidewalks along the north or south side of Fern Drive and
currently, there are no plans to install sidewalks along Fern Drive.
Therefore, Engineering is supporting the request to have the sidewalk in front of 960
Fern Drive deferred.
The attached map indicates the location of this sidewalk deferral.
Please place this item on the 6 February 2007 Commission Agenda.
Thanks.
enc
cc Richard Hasko, Director of Environmental Services
Randall Krejcarek, City Engineer
City Clerk
Sidewalk deferral file
Agenda File, February 06, 2007
S:IEngAdminlsidewalk deferralsl960 Fern Dr agenda memo 2007-02-06.doc
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Prepared By: RETURN TO:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
AGREEMENT FOR
SIDEWALK IMPROVEMENTS
THIS AGREEMENT entered into this 1 day of
200 J between the City of Delray Beach
v;;;, Li It ~1
(hereinafter the. CIty)
and
ere / {J ec Pr- oS r fh f'l e::s -::::p N <!. . (hereinafter the Owners), for the purpose of waiving
the requirement of the installation of a sidewalk along Fi"RN tJ I!-. .
until such time
as the City requests the construction of the sidewalk by the Owner.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a
sidewalk, within the (l, + '7 right-of-way immediately abutting the subject
property, by the Owner prior to the issuance of a certificate of occupancy; and,
WHEREAS, the Owners have requested a waiver from the requirement of the installation
of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1 )(b); and,
WHEREAS, in order to provide conformity along the street the City Commission voted
to waive the requirement for the installation of a sidewalk until such time as the City requests the
Owner construct the sidewalk.
s: IEngAdmin \sidewalk deferralslsidewalk deferral agreement.dct
WITNESSETH
NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to
waive the requirement for the installation of a sidewalk, at this time, for the property located at:
"(,o.r~ DR.. Dc-I'K.~ \.S-e-P\Q.~
-~.p \'<:!. ~ (e:- --1
1.
The Owner agrees to construct a sidewalk, at its sole cost and expense, along the
elf,
right-of-way abutting the subject property, within a time period
that is acceptable to the City, after being requested to do so by the City. The sidewalk, when
constructed, shall meet all of the current ordinances ofthe City of Delray Beach.
2. It is the intent of the parties that this Agreement shall run with the land. This
Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be
binding on the parties legal representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this
_dayof
,200_.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Mayor
Approved as to form and sufficiency:
City Attorney
s: IEngAdminlsidewalk deferralslsidewalk deferral agreement.dq;
WITNESSES:
fi;fl ~
OWNER:
7'
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By: ,.. I
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13~ \ \ D.ec...k.e r
(Plea e type or print n
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STATE OF rlo~\o~
COUNTY OF .p~\'N'-o- ~~Q. '*"
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BEFORE ME ~OnallY appeared 06FF- -e,.n-c \\-~ who@rare]
~sonally known to me r [has] [have] produced [and
, respectively] as identification, and who executed the foregoing
instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the
purposes expressed therein.
WITNESS my hand and official seal this ~ day of J P.r~ u Pi ('t ,20QJ
My commission expires:
Notary Puhli~
(Seal)
,,\':.Jll,0, Joanne Loveday
l~!,;i\~:';. Com~ission .DD225397
=..;:. ~.::~ Expires: Jun 22. 2001
-=:...~. . . ~,~ Boilded Thru
"'t'~I~\\\ Atlantic BOndingCo.,Inc.
agt/ sidewalk deferral agreement
s: IEngAdmin \sidewalk deferrals \sidewalk deferral agreement.d~
Date: 23 January 2007
AGENDA ITEM NUMBER: <6.1)
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
2 February 2007
Description of Agenda Item (who, what, where, how much):
Approval/authorization for Mavor to sie:n sidewalk deferral ae:reement for 960 Fern
Drive
Recommendation Staff recom~al
Department Head Signature: - _ - __ _ ~
l-lb-67
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding Available: Yes / No Initials: NA
Account Number: NA
Description: NA
Account Balance: NA
Funding Alternatives: NA (if applicable)
City Manager Review:
Approved for Agenda: B No luitials: ~-
Hold Until:
Agenda Coordinator Review:
Received:
S:IEngAdminlsidewalk deferrals\960 fern dr agenda 2007-02-06.doc
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER ()I\
AGENDA ITEM # <6'. '[ - REGULAR MEETING OF FEBRUARY 6.2007
REQUEST FOR SIDEWALK DEFERRAL/1825 COPELY PLACE
VALENCIA COURT. LOT #4
TO:
SUBJECT:
DATE:
FEBRUARY 2, 2007
This is before Commission to approve a request to defer the installation of a sidewalk in front of 1825
Copely Place Valencia Court, Lot #4.
Currendy, there are no sidewalks and there are no future plans to install sidewalks along the right-of-
way at Copely Place Valencia Court. Therefore, staff is in support of the request to have the sidewalk
in front of 1825 Copely Place Valencia Court, Lot #4 deferred.
Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk
improvements for 1825 Copely Place Valencia Court, Lot #4 until such time as the City requests the
sidewalk to be constructed.
S:\Cily Clerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Sidewalk Agenda Memo.\Sidew:dkDeferrnlRequest 1825 Copely Place Valencia Court.0206.07.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
FROM:
David T. Harden, City Manager rl
Tracie M. Lutchmansingh, P.E., Asst. City Engineer~DDv
TO:
DATE:
26-Jan-07
SUBJECT: City Commission Agenda Item
Sidewalk Deferral Request
1825 Copely Place, Valencia Court Lot #4
The attached agenda item is a request for a deferral of sidewalk installation in front of
1825 Copely Place,Valencia Court, lot #4. This is a Single Family lot located at the
northeast corner of the cul-de-sac at Copely Place, Valencia Court.
There are currently no sidewalks and no future plans to install sidewalks along the right-
of-way at Copely Place, Valencia Court.
Therefore, Engineering is supporting the request to have the sidewalk in front of 1825
Copely Place, Valencia Court, Lot #4 deferred.
The attached map indicates the location of this sidewalk deferral.
Please place this item on the 6 February 2007 Commission Agenda.
Thanks.
enc
cc Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
City Clerk
Sidewalk deferral file
Agenda File, February 6, 2007
S:IEngAdminlsidewalk deferralsl1825 copely pI valencia ct agenda memo 2007-02-06.doc
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Prepared By: RETURN TO:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Dekay Beach, Florida 33444
AGREEMENT FOR
SIDEWALK IMPROVEMENTS
THIS AGREEMENT entered into this
day of
200_, between the City of Delray Beach (hereinafter the City) and
Ph ',ed Y'I ~Jv oJ }Ufe.( l~ II- /~ert/Jlereinafter the Owners), for the purpose of waiving
0" Ig.;J.S-~peJ'j, II~I va/~ ~
the requirement of the installation of a sidewalk along 2. (J I-i{ until such time
as the City requests the construction ofthe sidewalk by the Owner.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a
sidewalk, within the C<:> f e.. ~ p f ~ right-of-way immediately abutting the subject
property, by the Owner prior to the issuance of a certificate of occupancy; and,
WHEREAS, the Owners have requested a waiver from the requirement of the installation
of a sidewalk pursuant to Land Development Regulation Section 6.1.3(0)(1 )(b); and,
WHEREAS, in order to provide conformity along the street the City Commission voted
to waive the requirement for the installation of a sidewalk until such time as the City requests the
Owner construct the sidewalk.
S:\EngAdminlsidewalk deferralslsidewalk deferral agreement.dtt:
WITNESSETH
NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to
waive the requirement for the installation of a sidewalk, at this time, for the property located at:
J~e~~. {/~~ {i!,~-lof{j
===-= -_'3;,Lft.fJ /
1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the
0V~
right-of-way abutting the subject property, within a time period
that is acceptable to the City, after being requested to do so by the City. The sidewalk, when
constructed, shall meet all of the current ordinances of the City of Delray Beach.
2. It is the intent of the parties that this Agreement shall run with the land. This
Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be
binding on the parties legal representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this
_dayof
, 200_.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Mayor
Approved as to form and sufficiency:
City Attorney
s: IEngAdmin \sidewalk deferrals \sidewalk deferral agreement. dO;;
WITNESSES:
OWNER:
BY:l-..J~9'~
(Please type or print name)
(please type or print name)
~
BEFORE ME personally appeared ;7;YE~/'.s/ ~ ~~..d~o [is] [are]
personally known to me or [has] [have] produced h-,~ L [and
/l53~->>~ ....6'Y'-6"ff-#, respectively] as identification, and who executed the foregoing
instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the
purposes expressed therein.
STATE OF ~,p'€/O/1"
COUNTY OF 'bn ;/;]6:-7'1(7 h
WITNESS my hand and official seal this
//
~~U~1 -
Notary Public
My commission expires:
, ~hOl1\e c
t()THWPIJiIUC LaUr~ .' #1It\044~64~'
Itcomrt" 'J" '009
" ~....ures J, u~ ,22, \~ OOQo'l&!l-;q19
~llGYftil'ln"""" ",
-
agt/ sidewalk deferral agreement
s: IEngAdmin Isidewalk deferralslsidewalk deferral agreement.dt!r
Date: 25 January 2007
--
AGENDA ITEM NUMBER: ~.I::::.
AGENDA REQUEST
Request to be placed on:
-X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
2 February 2007
Description of Agenda Item (who, what, where, how much):
Approval/authorization for Mavor to sig-n sidewalk deferral ag-reement for 1825 Copelv
Place Valencia Court Lot #4
Recommendation Staff recor;;:;!!::(v~
Department Head Signatur . '
/-lJ",-o7
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding Available: Yes I No Initials: NA
Account Number: NA
Description: NA
Account Balance: NA
Funding Alternatives: NA (if applicable)
City Manager Review:
Approved for Agenda: ~ I No Initials: 4
Hold Until:
Agenda Coordinator Review:
Received:
S:IEngAdminlsidewalk deferralsl1825 copely pI valencia ct agenda 2007-02-06.doc
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
A ENDAITEM# '.F_RE
CHANGE ORDER NO. 2/FINAL (CONTRACT
CLOSEOUT)/OVERHOLT CONSTRUCTION CORPORATION
SUBJECT:
DATE:
FEBRUARY 2, 2007
This is before Commission to approve Change Order No. 2/Final (Contract Closeout) in the
amount of $44,595.90 decrease and final payment in the amount of $82,665.96 to Overholt
Construction Corporation for completion of the Dekay Swim and Tennis Center Clubhouse
Project.
Funding is available from 380-4150-572-62.60 (2004 G.O. Bond Fund/Dekay Swim and Tennis)
and 117-4133-572-63.90 (Recreation Impact Fee/Other Improvements).
Recommend approval of Change Order No. 2/Final (Contract Closeout) in the amount of
$44,595.90 decrease and final payment in the amount of $82,665.96 to Overholt Construction
Corporation for completion of the Dekay Swim and Tennis Center Clubhouse Project.
S:\City Clerk\AGENDA COVER MEMOS\Contract C1oseout\CO 2 CC Overholt Construction Cotp Delray Swim & Tennis Ctr 0206.07.doc
MEMORANDUM
FROM:
David T. Harden, City Manager
Richard C. Hasko, Environmental Services Director ~
Carolanne Kucmerowski, Construction Management Technician @
TO:
THRU:
SUBJECT:
AGENDA ITEM - CITY COMMISSION MEETING OF FEBRUARY 6, 2007
CHANGE ORDER NO. 2/FINAL (CONTRACT CLOSEOUT)/OVERHOLT
CONSTRUCTION CORPORATION
DATE:
January 29,2007
ITEM BEFORE THE COMMISSION
This item is before the Commission to approve Change Order No. 2/Final (Contract Closeout) in the
net deduct amount of (-$44,595.90) and final payment in the amount of $82,665.96 to Overholt
Construction Corporation for completion of the Dekay Swim and Tennis Center Clubhouse Project.
BACKGROUND
The change order includes plus and minus quantity adjustments, liquidated damages, and liquidates the
residual from contingency allowances. All changes for Project #2004-038 are itemized on the attached
Schedule "A". The project is complete and all closeout documentation has been received. Residual
funds to be liquidated from Purchase Order #626579 to funding accounts 380-4150-572-62.60 (2004
G.O. Bond/Dekay Swim and Tennis) and 117-4133-572-63.90 (Recreation Impact Fee/Other
Improvements) .
RECOMMENDATION
Staff recommends approval of Change Order No. 2/Final (Contract Closeout) in the net deduct
amount of (-$44,595.90) and final payment in the amount of $82,665.96 to Overholt Construction
Corporation for completion of the Dekay Swim and Tennis Center Clubhouse Project.
cc: Richard Hasko; Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero; Dep. Director of Construction, ESD
Agenda File 02/06/07
File 2004-038 (A)
S:lEngAdmioIProjects\2004\2004-03810FFICIALIOverhoh co 2 Final Agd Mcm GC 020607.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2/ Final (Contract Closeout) PROJECT NO. 2004-038 DATE:
PROJECT TITLE: Delray Swim & Tennis Center Clubhouse
TO CONTRACTOR: Overholt Construction Corporation
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 DECREASE THIS CHANGE ORDER -5.15%
TOTAL PER CENT INCREASE TO DATE +20.03 %
$865,109.00
$217.930.00
$1,083,039.00
($44595.90)
$1,038,443.10
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.
Overholt Construction Corporation
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from accounts: #380-4150-572-62.60 and #117-4133-572-63.90
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
S:\EngAdminIProjects\2004\2004-038\OFFICIALIOverhoh co 2 Final GC 020607.doc
SCHEDULE "A"
To Change Order No.2 I Final
Delray Beach Swim and Tennis Center Clubhouse
PIN 2004-038
Contract Award
Contract to Date
ITEM
NO.
DESCRIPTION
UNIT
EST.
QTY.
t:XUNDED TOTAL ACT.
PRICE QTY.
EXTENDED TOTAL Quandti"
PRICE Ad. (+ 1-)
BASE BID. PHASE U-A
1.00 Clearin2 and Grubbim!, New Compacted L.S. 1 $19.920.00 $19.920.00 1 $19,920.00 $19,920.00 $0.00
2.00 New Clubhouse Bulld1n2
2.01 Foundation L.S. 1 ) 18,355.00 $ 18,355.00 1 $ 18,355.00 $ 18,355.00 $0.00
2.02 Slab on mule L.S. 1 $ 35,104.00 8 35,104.00 1 $ 35,104.00 $ 35,104.00 $0.00
2.03 CMU L.S. 1 $ 30,961.00 $ 30,9,61.00 1 $ 30.961.00 ) 30,961.00 $0.00
2.04 Tie Beams L.S. 1 $ 23.026.00 $ 23.026.00 1 $ 23,026.00 $ 23,026.00 $0.00
2.05 Trusses (Mat. Onlv) L.s. 1 $ 11.728.00 $ 11,728.00 1 $ 11,728.00 $ 11,728.00 $0.00
2.06 Set trusses & sheathing L.S. 1 ) 24.706.00 $ 24,706.00 1 $ 24,706.00 $ 24,706.00 $0.00
2.07 Roofioll L.S. 1 $ 13,396.00 $ 13,396.00 1 $ 13,396.00 13,396.00 $0.00
2.08 Electrical L.S. 1 $ 107.881.00 $ ]07,881.00 1 $ 107,881.00 107,881.00 $0,00
2.09 Plumbinll L.S. 1 $ 71.287.00 8 71,287.00 1 $ 71,287.00 71,287.00 80.00
2.10 HVAC L.S. 1 $ 66.503.00 $ 66,503.00 1 $ 66,503.00 66,503.00 $0.00
2.11 Doors & Windows L.S. 1 $ 90.057.00 $ 90,057.00 1 $ 90,057.00 90,057.00 $0,00
2.12 Interioruartitions L.S. 1 $ 48.664.00 $ 48,664.00 1 $ 48,664.00 $ 48,664.00 $0.00
2.13 Interior finishes L.S. 1 $ 17.087.00 $ 17,087.00 1 $ 17,087.00 $ 17,087.00 $0.00
2.14 Stucco L.S. 1 $ 11.252.00 $ 11 ,252.00 1 $ 11,252.00 $ 11,252.00 $0.00
2.15 Paintio2 L.S. 1 $ 10,361.00 $ 10,361.00 1 $ 10,361.00 $ 10,361.00 )0.00
2.16 Insulation L.S. 1 $ 21.557.00 $ 21.557.00 1 5 21,557.00 $ 21.557.00 $0.00
2.17 Eooxv floor L.S. 1 $ 21.802.00 $ 21,802.00 I $ 21,802.00 $ 21,802.00 $0.00
2.18 Cabinetry L.S. 1 ) 44,563.00 $ 44.563.00 1 $ 44,563.00 $ 44,563.00 $0.00
2.19 Bathroom oartltlOns L.S. 1 $ 10.320.00 $ 10,320.00 1 5 10,320.00 $ 10,320,00 $0.00
2.20 Bathroom accessories L.S. 1 $ 5.057.00 $ 5,057.00 1 $ 5,057.00 $ 5,057.00 $0.00
3.00 LandscauiR2
3.01 Coconut Palm EA 6 $270.00 $1.620.00 6 $270.00 $1,620,00 $0.00
3.02 Purple Shower.; EA 48 $6.50 $312.00 48 $6.50 $312.00 $0.00
3.03 Florida Gardenia 40 EA 36 $7.00 $252.00 36 $7.00 $252.00 $0.00
3.04 Florida Gamma Grass EA 40 56.50 5260.00 40 $6.50 $260.00 $0.00
3.05 P1umbllllo !mnerial Blue EA 77 56.50 5500.50 77 $6.50 $500.50 $0.00
3.06 Dwarf Crown ofThoms EA 44 57.00 $308.00 44 $7.00 $308.00 50.00
3.07 Trinle Pi2IDY Date Palm EA 1 $250.00 $250.00 1 5250.00 $250.00 $0.00
3.08 Foxtail Fern EA 27 53.50 $94.50 27 $3.50 $94.50 $0.00
3.09 Trinette EA 15 $7.00 $105.00 15 $7.00 5105.00 50.00
3.10 Mont.omerv Palm EA 12 $210,00 $2,520.00 12 $210.00 $2,520,00 50.00
3.11 Varic28.ted GiDlzer EA 13 $10.00 $130.00 13 $10.00 $130.00 $0.00
3,12 Xanadu EA 18 $10.00 $180.00 18 $10.00 5180.00 $0.00
3.13 WartFero EA 55 $4.00 $220.00 55 $4.00 5220.00 $0.00
3.14 Eurooean Fan Palm EA 9 $85.00 $765.00 9 $85.00 $765.00 $0.00
3.15 Jalronba Standard EA 3 $150.00 $450.00 0 $150.00 $0.00 ($450.00
3.16 Green Island Ficus EA 57 $8.00 $456.00 57 $8.00 $456.00 $0.00
3.17 Paurotis Palm EA 2 $230.00 $460.00 2 5230.00 $460.00 $0.00
3.18 Oran.e Bird Paradise EA 20 $10.00 $200.00 20 $10.00 $200.00 $0.00
3.19 Thrvallis EA 20 $6.50 $130.00 20 $6.50 $130.00 $0.00
3.20 DwarfFirebush EA 16 $6.50 $104.00 16 $6.50 $104.00 $0.00
3.21 SI. Augustine Sod SF 10,000 $0.30 $3.000.00 12,847 $0.30 $3,854.10 $854.10
3,22 Mulch CY 30 $35.00 $1.050.00 30 $35.00 $1.050.00 $0.00
4.00 Irri.adon
Design L.S. 1 $ 1.500.00 51,500.00 1 8 1.500.00 81.500.00 $0.00
Build L.S. 1 $ 6,000.00 $6.000.00 1 $ 6,000.00 $6,000.00 )0.00
$0.00
5.00 Alohalt Pavement ReoairlRestoration L.S. 1 $ 2,500.00 $2.500.00 1 $ 2.500.00 $2,500.00 $0.00
50.00
6.00 As-Built Drawln2. L.S. 1 $750.00 750.00 1 5750.00 750.00 $0.00
$0.00
7.00 Contill2ency AUowanee L.S. 1 5 20,000,00 $ 20.000.00 0 8 20,000.00 $0.00 $20,000.00
50.00
em c:a on L.~. $ IU,UU $ 1U.UU $ IV.VV )IV.VV ,V.VV
TOTAL BASE BID AWARD $747,714.00 $728,118.10 ($19,595.90)
.,..Orw...,.....
P_,
PiN 200+038
~o..-_...
SCHEDULE "A"
To Change Order No. 2/ Final
Delray Beach Swim and Tennis Center Clubhouse
PIN 2004-038
Contract Award Contract to Date
ITEM DESCRIPTION UNIT EST. UNIT PRICE EXTENDED TOTAL ACT. UNIT PRICE EXTENDED TOTAL
NO. QTY. PRICE QTY. PRICE
ADD ALTERNATE BID, PHASE n-B
A 1.00 Mobilization LS I $ 10.000.00 10,000.00 0 $ 10.000.00 ~O.OO
A2.00 Maintenance of Traffic LS I $ 2,500.00 $ 2.500.00 0 $ 2.500.00 $0.00
A3.00 Cleann. & Grubbino LS 1 $ 10.000.00 10,000.00 0 $ 10.000.00 ~O.OO
A4.00 Asnhalt removal LS I $ 7.500.00 7.500.00 0 $ 7.500.00 $0.00
A5.00 Concrete curb FOOT tvne "0" LF 580 16.00 9.280.00 0 $ 16.00 0.00
A6.00 Pavement Markiorzs & Simul2e LS 1 $ 8.011.00 $ 8.011.00 0 IS' 8.011.00 $0.00
A7.00 I" Overlav Asnbalt SY 2311 10.00 23.110.00 0 $ 10.00 $0.00
A8.00 I 1/2" Asnbalt SY 632 $ ]5.00 9.480.00 0 $ 15.00 ~O.OO
A9.00 8'1 Limerock Base SY 643 $ ]0.00 $ 6,430.00 0 $ 10.00 $0.00
A10.00 12" StabIlized Subl!TIlde SY 656 $ 1.50 $ 984.00 0 $ 1.50 0.00
Al 1.00 5' Wide-4 Thick Concrete Sidewalk LF 130 50.00 6.500.00 0 's" 50.00 0.00
A12.00 Parkinu Area Irriilation SYStem LS 1 7,500.00 $ 7,500.00 0 $ 7.500.00 0.00
A 13.00 Parkioe Area HebtlDIZ LS 1 10.000.00 $ 10.000.00 0 $ 10.000.00 0.00
A14.oo Utilitv allowance LS I $ 1,000.00 $ 1.000.00 0 $ 1.000.00 0.00
A15.oo Video allowance LS 1 $ 150.00 $ 150.00 0 $ 150.00 0.00
A16.00 Land!lcaoiol!:
A16.01 Foxtail Fern EA 37 $ 3.50 $ 129.50 0 $ 3.50 $0.00
A16.02 Dwarf Crown of Thoms EA 43 $ 7.00 $ 301.00 0 $ 7.00 $0.00
A 16.03 Plumb..o !mnmal Blue EA 33 $ 6.50 $ 214.50 0 $ 6.50 $0.00
A16.04 Green Island Ficus EA 34 $ 8.00 $ 272.00 0 $ 8.00 $0.00
A16.05 Oranlle Geiller Tree EA 5 $ 275.00 $ 1.375.00 0 $ 275.00 $0.00
A16.06 CocoDlum EA 132 $ 6.50 $ 858.00 0 $ 6.50 $0.00
A16.07 Remove Exist. Acacia EA 2 $ 200.00 $ 400.00 0 $ 200.00 $0.00
A16.08 Remove Exist. Oueen Palms EA 2 $ 250.00 $ 500.00 0 $ 250.00 $0.00
A16.09 Remove Exist. Pink Tabebua EA 1 $ 150.00 $ 150.00 0 $ ]50.00 $0.00
A. .VV As-but ts recorO araWIngs L:S ) IOV.VV ) I~V.VV 0 T 7N.UlJ )V.UV
TOTAL ADD ALTERNATE BID AWARD $ 117,395.00 $0.00
TOTALS 1$
865,109.00 I
$728,118.10 I
Chan2e Order No 1/ R.hablUtalion of SwimmlDl! Pnol.nd B.thho.... & Del.lion of Alt.rnat. Bid, Pha.e n-B (listed abov.)
CO 1.1 Remodel B.thhouse Bld2
Demolition LS. 1 $ ] ,656.00 $ 1.656.00 1 $ 1,656.00 $ 1,656.00
Framinp: LS. I $ 5.460.00 $ 5.460.00 1 $ 5,460.00 $ 5.460.00
P1umbin. L.S. 1 $ 863.00 $ 863.00 1 $ 863.00 $ 863.00
HVAC L.S. 1 $ 5,750.00 $ 5,750.00 1 $ 5.750.00 $ 5,750.00
Doors & Windows L.S. 1 $ 1,277.00 $ 1.277.00 1 $ 1.277.00 $ 1,277.00
Finishes LS. 1 $ 9.488.00 $ 9.487.00 1 $ 9.488.00 $ 9,488.00
CO 1.2 Pool RehablUtalion
Plumbino L.S. 1 $ 184.000.00 $ 184,000.00 I $ 184.000.00 $ 184.000.00
Electrical L.S. 1 $ 55.488.00 $ 55,488.00 I $ 55.488.00 $ 55.488.00
Brick Paver Installation L.S. I $ 23.460.00 $ 23.460.00 1 $ 23.460.00 $ 23.460.00
Eauioment Pads L.S. I $ 5,376.00 $ 5.376.00 1 $ 5.376.00 $ 5.376.00
retainioo Wall L.S. I $ 8.625.00 $ 8,625.00 1 $ 8,625.00 $ 8.625.00
Deco Drain L.S. 1 $ 1.725.00 $ 1,725.00 1 $ 1.725,00 $ 1.725.00
General Conditions L.S. 1 $ 32.157.00 $ 32,158.00 1 $ 32.157.00 $ 32.158.00
Change Order No. I Sub-Totals $ 335,325,00 $ 335,325.00
Le.. Deleted Alternate Bid, Phase n-B $ (1l7,395.00)
INET TOTAL CHANGE ORDER NO.1 1$ 217,930.00 I
ITOTALSII APPROVED CONTRACI' AWARD (Original Bid Aw.rd & C.O. #1)
1,083,039.00 i CONTRACI'TODATE $
1,063,443.10 I
CHANGE ORDER NO. 2/ FINAL (CONTRACT CLOSEOUT)
- Change Order No.2 Inclndes Quantities Adjustment and Liquidated Damages -
Quantities Adiustment (listed on nalre 1 of snreadsheet) ($19,595.90)
Liauidated Dama2es Davs 50 $500.00 S (25.000.00)
TOTAL CHANGE ORDER NO. 2/ FINAL (544,595.90)
NET REVISED TOTAL CONTRACT AMOUNT
S 1.038,443.10
CONTRACT SUMMARY
Original Contract Award $
Previously Approved Changes $
T olal Contract Award Amount $
Net Revised T olal Contract Amount $
865.109.00
217.930.00
1.083.039.00
1,038,443.10
CHANGE ORDER NO.2 I FINAL
$ /44,595.901
P_2
P,,", 2Q04.038
Agenda Item NO.:U
AGENDA REQUEST
DATE: January 29, 2007
Request to be placed on:
~ Consent Agenda
Regular Agenda
Special Agenda
Workshop Agenda
WHEN: FEBRUARY 6. 2007 Commission Meeting
Description of item (who, what, where, how much):
Change Order No. 2/Final (Contract Closeout) in the net deduct amount of (-$44,595.90) and final
payment in the amount of $82,665.96 to Overholt Construction Corporation for completion of the Delray
Swim and Tennis Center Clubhouse Project #2004-038.
The change order includes plus and minus quantity adjustments, liquidated damages, and liquidates the
residual from contingency allowances. All changes for Project #2004-038 are itemized on the attached
Schedule "An. The project is complete and all closeout documentation has been received. Residual funds
to be liquidated from Purchase Order #626579 to funding accounts 380-4150-572-62.60 (2004 G.O.
Bond/Delray Swim and Tennis) and 117-4133-572-63.90 (Recreation Impact Fee/Other Improvements).
ORDINANCE/RESOLUTION REQUIRED: NO
Recommendation:
Staff recommends approval of Change Order No. 2/Final (Contract Closeout) in the net deduct amount of
(-$44,595.90) and final payment in the amount of $82,665.96 to Overholt Construction Corporation for
completion of the Del wand Tennis Center Clubhouse Project.
Department Head
Signature:
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
~"1
Funding availabl i YE,S-Vb
Funding alternativ - N/A (if applicable)
Account No. & Description:
380-4150-572-62.60 (2004 G.O. Bond Fund/Oelrav Swim & Tennis)
117 -4133-572-63.90 (Recreation Impact Fee/Other Improvements)
City Manager Review: {!J ~
Approved for agenda: NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdminlProjects\2004\2004-038\OFFICIAL\Ovcrhoh co 2 Final Agenda Req GC 020607.doc
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
AGENDA ITEM # g. - REG LAR MEETIN OF FEBR
SERVICE AUTHORIZATION NO.7 /CH2M HILL, INC.
SUBJECT:
2007
DATE:
FEBRUARY 2, 2007
This is before Commission to approve Service Authorization No.7 to CH2M Hill, Inc. in the
amount of $63,500.00 for professional services related to evaluating alternative water supply
strategies.
Funding is available from 442-5178-536-31.30 (Water/Sewer Renewal and Replacement
Fund/Engineering/Architectural Services).
Recommend approval of Service Authorization No.7 to CH2M Hill, Inc. in the amount of
$63,500.00 for professional services related to evaluating alternative water supply strategies.
S:\City Qerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\SeMce Authorization Agenda Memos\SeMceAuth #7 CH2M Hill Inc 0206.07.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
FROM:
Victor Majtenyi
Deputy Director of Public Utilities
~
SUBJECT:
EVALUATING ALTERNATIVE WATER SUPPLY STRATEGIES, (PIN 2007-022)
Service Authorization #7 to CH2M Hill
DATE:
January 30,2007
Attached is Service Authorization #7 to CH2M Hill, Inc. for professional services relating to the
Alternative Water Supply Strategies project, PIN 2007-022. Service Authorization #7 is for identifying,
developing, and evaluating, alternative water supply strategies to meet future demands since SFWMD will
be limiting future withdrawals from the surficial aquifer.
Scope of services will include the following tasks: Task 1 - reviewing the population and water demand
projections (cost of $6,000), Task 2 - developing alternatives with associated action plans ($12,000), Task
3 - reviewing and evaluating the list of alternatives ($8,000), Task 4- implementing the action plan and
meeting with required permitting agencies ($17,000), and Task 5 - a final alternatives evaluation
($20,500). Some of the alternatives to be considered include reverse-osmosis treatment of water from the
Floridan aquifer, increase the use of reclaimed water, purchasing water from Palm Beach County, blending
of water from the Floridan aquifer, using Aquifer storage and recovery, and off setting with storm water
recharge. The consultant will evaluate the feasibility, costs, benefits, and rank each option, with a final
recommendation to the City. The total cost for Service Authorization #7 is $63,500.00.
Staff recommends approval of Service Authorization #7 to CH2M Hill in the amount of $63,500 for the
Alternative Water Supply Strategies Evaluation.
Funding is available from Account #442-5178-536-31.30 (Water and Sewer Renewal & Replacement Fundi
Engineering-Architectural) in the amount of $63,500.00, after a budget transfer.
cc: Richard C. Hasko, P.E.; Director of Environmental Services
Juan Manzano; Environmental Compliance Manager
John Bullard, Manager of Water Treatment Plant
Project File 2007-022
S:\EngAdmin\Projects\2007\2007-022\OFFlCIAL\Agnda Memo to SA #7 CH2M 02.06.07.doc
Service Authorization No. 7 to the Agreement to
Furnish Professional Services Dated April 28,
2004, Between the City of Delray Beach, Florida
and CH2M Hill, Inc.
City P.O. Number:
City Project Number:
Title: Evaluation of Alternative Water Supply Strategies
Category of Work: Professional Engineering Services
General
This SERVICE AUTHORIZATION shall modify the professional service agreement
referenced above and shall become part of that AGREEMENT as if written there in full.
Changes in the indicated Scope of Services will be subject to renegotiation and implemented
through an amendment to this agreement.
Introduction
The City of Delray Beach (CITY) has a Water User Permit (WUP) (No. 50-00177-W) from the
South Florida Water Management District (SFWMD) that allows it to withdraw an average
of 15.9 million gallons per day (mgd) of water from the surficial aquifer on an average-day
basis until 2025, and an additional 3.1 mgd unti12010. The permit assumes that the CITY's
future additional water will come from alternative sources, such as its aquifer storage and
recovery (ASR) well or be offset by the increased use of reclaimed water. The SFWMD is
limiting surficial aquifer withdrawals throughout South Florida, and is encouraging utilities
to identify and develop alternative water supply strategies to meet future demands.
One alternative water supply source, reverse-osmosis treatment of water from the Floridan
aquifer, is increasingly being used throughout South Florida. While this source can produce
high-quality treated water, it has the disadvantage of high costs for treatment and
concentrate disposal.
Another alternative water supply source is higWy-treated, or reclaimed, wastewater. Due to
permitting issues with the Florida Department of Environmental Protection, the South
County Regional Wastewater Treatment Plant (SCRWWTP) is facing potential limits on its
current practice of discharging secondarily treated wastewater into the Atlantic Ocean. This
plant treats the wastewater produced by the Cities of Delray Beach and Boynton Beach, of
which a portion is treated to reuse standards for purposes of irrigation within both Cities.
The CITY would like to take advantage of this supply of reclaimed water and use it, either
directly or indirectly, to help offset demands on the surficial (Biscayne) aquifer.
In addition to reverse-osmosis of Floridan aquifer water or reclaimed water use, other
alternative approaches may include:
. Purchasing water in bulk from Palm Beach County;
. Floridan aquifer blending;
. Aquifer storage and recovery;
. Stormwater recharge as an offset.
This Service Authorization will authorize CH2M HILL to provide professional engineering
consulting services related to the evaluation of the feasibility and costs and benefits of the
above options, and to prepare a report to the CITY that ranks the options and makes a
recommendation.
Scope of Services
Task 1 - Review and Revise Population and Water Demand Projections
CH2M HILL will review population projections from national, state, regional, county, and
CITY sources to determine if the population projections in the CITY's Water Use Permit and
Capacity Analysis Report (developed in 2004) are still valid. If the population projections
are found to be substantially different, the CITY's water demand projections will be revised
according to the approach in Section 2.6 of the SFWMD's Basis of Review (BOR) for water
use permits.
The deliverable for this task will consist of a brief technical memorandum documenting the
information sources reviewed and identifying any changes to the CITY's population and
water demand projections.
Task 2 -Develop Alternatives and Action Plan
CH2M HILL will review SFWMD water supply planning documents, including the most
recent update to the SFWMD's Lower East Coast (LEC) water-supply plan and develop a
list of alternative water supply options that the CITY may wish to consider. The list may
include other items in addition to the ones mentioned in the Introduction to this Task Order.
Alternatives will be sought that will enable the CITY to meet its future water supply needs
while:
. Complying with applicable water withdrawal regulations;
. Utilizing alternative water supplies (Floridan aquifer, ASR, reclaimed water) to the
maximum extent possible;
. Developing an innovative use for reclaimed water; and
. Providing a cost-effective solution to ratepayers.
The deliverable for this task will consist of a brief technical memorandum with a narrative
description of each alternative that lists the associated assumptions, data gaps, and
uncertainties. The memorandum will also include an action plan for closing the data gaps
PAGE 20F6
and addressing the uncertainties associated with each alternative. Each alternative will have
an order of magnitude opinion of cost associated with it.
Task 3 -Initial Alternatives Review Meeting
CH2M HILL will meet with CITY staff to review the technical memorandum and discuss
the implementation of the action plan. The meeting will consist of a half-day workshop in
which the participants will review and discuss each alternative. Additionally, the action
plan developed by CH2M HILL will be discussed and reviewed. The purpose of the
meeting is to review and determine which alternatives should be considered further and to
discuss the approach for implementing the action plan.
The deliverable for this task will consist of a meeting summary documenting the feedback
received from the CITY regarding each alternative and a revised technical memorandum
from Task 2 that includes the input from the CITY, along with any changes in assumptions
or elimination of alternatives. Also, any changes to the approaches to implementing the
action plan will be updated as well.
Task 4 - Implement Action Plan and Meet with Permitting Agencies
The action plan developed in Task 2 and endorsed by the CITY in Task 3 will be
implemented to close the data gaps and address the uncertainties associated with each
alternative. The implementation of any water supply alternative will require the cooperation
and eventual permitting from local and State agencies such as South Florida Water
Management District, Palm Beach County Health Department, Florida Department of
Environmental Protection, Lake Worth Drainage District and possibly others.
As part of the above action plan, the list of affected agencies or parties will be identified and
a workshop will be held at a convenient location to discuss the alternatives, assumptions,
uncertainties and regulatory requirements for each. The purpose of this workshop is to not
only address the regulatory requirements of each agency or affected party, but to also
develop an awareness and appreciation among the group as to the CITY's efforts to reduce
both water supply demand, but to also potentially reduce the effluent discharges from the
SCRWWTP ocean outfall.
After the workshop is held, CH2M HILL will facilitate a follow up meeting between the
CITY and the SFWMD to specifically discuss the CITY's water use projections and the final
agreed upon alternative water supply alternatives. It is expected that the meeting attendees
from the SFWMD will include:
. Keith Smith, Deputy Director, Water Supply;
. Robert Moresi, Division Director, Water Use Planning; and
. John Lockwood, Lead Hydrogeologist, Water Use Regulation.
The objectives of the meeting will be to:
. Review the CITY's demand projections with the SFWMD;
. Solicit feedback from the SFWMD on the viability of the above alternative water supply
sources;
PAGE30F6
. Assess the potential for partial funding for alternative water supply projects from the
SFWMD.
The deliverable for this task will consist of a brief technical memorandum summarizing the
action plan implementation, workshop and meeting outcomes, and listing the final
alternatives to be evaluated.
Task 5 - Final Alternatives Evaluation
CH2M HILL will evaluate the relative costs and benefits for each of the alternative water
supply options selected by the CITY in Task 45. The cost estimate for each alternative will be
developed based on an order-of-magnitude cost evaluation of the major components of each
alternative. These alternatives, together with the Floridan aquifer membrane-softening
water treatment plant, will be evaluated using a scoring matrix. Each alternative will
receive a weighted score for each of the above criteria, and the scores will be summed to
achieve a final ranking of alternatives. CH2M HILL will meet with CITY staff to determine
the scoring approach and methodology.
CH2M HILL will prepare a report for the CITY that documents the advantages, drawbacks,
and costs of each alternative. The report will document the scoring system used and list the
ranked alternatives. The report will rank the alternatives and provide a recommendation to
the CITY. CH2M HILL will facilitate a final meeting with CITY staff to review the results of
the detailed evaluation of the final alternatives and recommendations.
Schedu Ie
CH2M HILL will commence work on the Scope of Services described herein upon receipt of
a fully executed copy of this Specific Authorization from the CITY, which will serve as the
notice to proceed. The following summarizes the proposed schedule.
Task Time of Completion
Start Duration
Task 1 - Revise Population and Upon Notice to Proceed from the 2 weeks
Demand Projections CITY
Task 2 - Develop Alternatives and Upon completion of Task 1 8 weeks
Action Plan
Task 3 -Initial Alternatives Review Upon completion of Task 2 2 weeks
Meeting
Task 4 - Implement Action Plan Upon completion of Task 3 8 weeks
and Meet with Permitting Agencies
Task 5 - Final Alternatives Upon completion of Task 4 4 weeks
Evaluation
PAGE 4 OF 6
Assumptions
. CH2M HILL will attend one half-day planning workshop with the CITY as part of Task
3 and a final review meeting with the CITY as part of Task 5. Additional meetings with
the CITY are not included in this Service Authorization.
. CH2M HILL will facilitate one half-day workshop with regulatory agencies as part of
Task 4. With the exception of the follow-up meeting to be held with the SFWMD;
separate meetings will not be held with individual regulatory agencies. All meetings
will be held either at the CH2M HILL Palm Beach Gardens or Deerfield Beach office or
the City's Environmental Services Conference Room.
. All draft deliverables will be provided in electronic format. The final deliverables for
Tasks 1, 2, 3, and 4 will be provided in electronic format. Five final copies of the Task 5
deliverable (final report) will be provided to the CITY.
Compensation to the CONSULTANT
Compensation for the work described in this service authorization shall be on a lump-sum
basis as follows:
Task Price
Task 1 - Revise Population and Demand Projections $6,000
Task 2 - Develop Alternatives and Action Plan $12,000
Task 3 - Initial Alternatives Review Meeting $8,000
Task 4 - Implement Action Plan and Meet with Permitting Agencies $17,000
Task 5 - Final Alternatives Evaluation $20,500
TOTAL $63,500
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 will commence work on any service authorization approved by the CITY to
be included as part of the contract without a further notice to proceed. The CONSULTANT
will 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:
PAGE 50F6
CITY OF DELRA Y BEACH:
Jeff Perlman
Mayor
(date)
Attest:
Approved as to Legal Sufficiency and Form
Wendy Nero
Area Manager
(date)
Witness
(date)
Witness
(date)
STATE OF FLORIDA
COUNTY OF BROW ARD
The foregoing instrument was
acknowledged before me this _ day of
January, 2007, by Wendy Nero, Area
Manager, CH2M HILL, Inc., a Florida
corporation, on behalf of the corporation.
She is personally known to me and (did/ did
not) take an oath.
Dorothy Gumm
Notary Public
State of Florida
(Seal)
PAGE 60F6
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Agenda Item No. g . ~
AGENDA REQUEST
Date January 30, 2007
Request to be placed on:
--X--Regular Agenda
_Special Agenda
_Workshop Agenda
When: February 6. 2007
Description of item (who, what, where, how much):
Approval of Service Authorization #7 to CH2M Hill, Inc. for professional services related to Evaluating
Alternative Water Supply Strategies (P/N 2007-022) for a total of $63,500.00. Services include reviewing
the population and water demand projections, developing alternatives with associated action plans,
reviewing and evaluating the list of alternatives, implementing the action plan and meeting with required
permitting agencies, and a final alternatives evaluation. The consultant will evaluate the feasibility, costs,
benefits, and rank each option, with a final recommendation to the City.
Funding is available from Account #442-5178-536-31.30 (Water and Sewer Renewal & Replacement
Fund/Engineering-Architectural Services) in the amount of $63,500.00.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation:
Staff recommends award of Service Authorization #7 to CH2M Hill for Evaluating Alternative Water Supply
Strategies in the amount of $63,500r) _ LI., ~
Department head signature: ~, ~ 1- 31- 07
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (~r' d on a II items involving expenditure of funds):
Funding available E O{i::t7 (see above)
Funding alternative if applicable):
Account No. & Desc':lftion W2-~8 ~.51- ~ i?'siat.uins /zi:~q-
Account Balance 'h5. t} 78 v../ <11.~ r-
,
City Manager Review: &
Approved for agenda: 0
Hold Until:
qj
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2007\2007-022\OFFICIAL\Agenda req SA #7 CH2MH 02.06.07.doc
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENl'E' DELRAY BEACH. FLORIDA 33444
TELEPHO!\E: 561/2-U-7090' FACSIMILE: 561/278-4755
, III I! DATE
DELRAY BEACH
F lOll I D A
Da.d
All-America City
1993
2001
Writer's Direct Line: 561/243-7091
MEMORANDUM
January 16, 2007
TO:
City Commission
David Harden, City Manager
P---- - ..
Brian Shutt, Assistant City Attorney
FROM:
SUBJECT: Riqht of Entry and Easement Deed for the Fairwavs
The attached right of entry agreement will allow the City to go onto the common
areas of the Fairways of Delray and install a reclaimed water line in order to bring
reclaimed water for irrigation purposes to the Fairways community. The attached
easement deed is needed in order to place a water meter, in a vault, on their
property so as to determine the reclaimed water usage.
Our office requests that this item be placed on the February 6, 2007 City
Commission agenda. Please call if you have any questions.
Attachments
cc: Chevelle Nubin, City Clerk
Victor Majtenyi, Dep. Director of Public Utilities
~
g.H
RIGHT OF ENTRY AGREEMENT FOR INSTALLATION OF PUBLIC UTILITIES
TillS AGREEMENT entered into this _ day of , 200_, by and
between the CITY OF DELRA Y BEACH, a Florida municipal corporation, hereinafter
referred to as ("CITY"), and FOlrwQ.75 lI~~k.y) ~OlA~ @)CAllIle~,~' hereinafter
referred to as ("OWNER"), and provides as follows:
WHEREAS, the CITY desires to install public utilities on the property that IS
described in Exhibit "A"; and
NOW, THEREFORE, the parties agree as follows:
1. OWNER hereby grants to the CITY the right to enter onto the property
described in Exhibit" A" in order to install the public utilities.
2, It is agreed that this Agreement and the rights granted herein shall cease upon
the installation of the public utilities.
3, This Agreement constitutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations, and other agreements, There are no
representations or understandings of any kind not set forth herein. Any amendments to this
Agreement must be in writing and executed by both parties. This Agreement is governed by
the laws of the State of Florida,
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of
the day and year first above written,
WITNESSES:
OWNER:
BY~ ~~I.t 1.1. S..kwe..-l,>'<4'1
l>t-e-~ ;ck.INt-, f"oD l10A
~,
(Name Printed or Typed)
~'
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(N ame Printed or Typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
200 J,
cer or
IS
AITE
$.n-::i~~j~.J;;~.: '''''!~.U:'\t).
~ COM~~~i~~~ fL~~2:();J"1 i ~1
E~.?IRES OCT 22 ~,;;:007 :~
BONDED THROUGH ~
(ill lNSURAN:E CO!}Pt.t..rl f;.!
._~~~FNj
e of Florida
CITY OF DELRA Y BEACH, FLORIDA
By:
By:
City Clerk
Approved as to Form:
Jeff Perlman, Mayor
By:
City Attorney
2
~ ~\ \.... '\- "A"
1 O. TEMPORARY CONSTRUCTION EASEMENT
A PARCEL OF LAND LYING WITHIN THE WATER
MANAGEMENTTRACT,DELRAY
(P.B. 54, PGS. 160 AND 161)
CITY OF DELRA Y BEACH,
PALM BEACH COUNTY, FLORIDA.
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING WITHIN THE WATER MANAGEMENT TRACT, FAIRWAYS OF DELRAY, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 54, AT PAGES 160 AND 161 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 37, FAIRWAYS OF DELRAY, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 54, AT PAGES 160 AND 161 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY FLORIDA; THENCE S90000'OO''E ALONG THE SOUTH RIGHT OF WAY LINE OF PAR CIRCLE, AS
SHOWN ON SAID PLAT FOR A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
S90000'OO''E ALONG THE SAID SOUTH RIGHT OF WAY LINE FOR A DISTANCE OF 77.50 FEET; THENCE
SOooOO'OO'W FOR 10.00 FEET; THENCE N90000'00''W ALONG A LINE PARALLEL WITH AND 10.00 FEET SOUTH OF
AS MEASURED AT RIGHT ANGLES TO THE SAID SOUTH RIGHT OF WAY LINE FOR A DISTANCE OF 77.50 FEET;
THENCE NOooOO'OO"E 1 0.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 775 SQUARE FEET MORE OR LESS.
HELLER-WEAVER AND SHEREMETA, INC.
FLORIDA STATE L.B. NO. 3449
LEGEND:
BY: DANIEL C. LAAK
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REG. NO. 5118
P.B.
P.O.B.
P.O.C.
PLAT BOOK
POINT OF BEGINNING
POINT OF COMMENCEMENT
. 15499
M
SHEET 1 OF 2 SHEETS
LB. NO. 0003449
Heller - Weaver and Sheremeta, me,
Engineers ... Surveyors
310 S.E. 1ST STREE'l', SUITE 4
DELRAY BEACH, FLORIDA 33483
FILE NO. 06-15499-553
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
10' TEMPORARY CONSTRUCTION EASEMENT
A PARCEL OF LAND LYING WITHIN THE WATER
MANAGEMENT TRACT, FAIRWAYS OF DELRAY
(P.B. 54, PGS.160 AND 161), CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA.
f:d
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,M
1~
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).Ic5
t~ CI.l
S 90.00'00" E 17.50'
PAR CIRCLE
(PER P.B. 54, PGS 160-161)
P.O.B. SOUTH RIGHT OF WAY
LINE OF PAR CIRCLE ~
-L~~:l!!.~-!7-.-!!!:'_~ - -
_ ..==-~w.iiD"W_~~j~o~;O'OO- W.
( ~~::::UoC-:~~
EASEMENT
P.O.C.
NORTHEAST CORNER OF LOT
37 FAIRWAYS OF DELRAY PER
P.B. 54 P.G. 160 AND 161
".--
/'
/ /"
/
1 0' UTILITY EASEMENT I
N 00.00'00" E 10,Or'
10' UTILITY EASEMENT
.: (P.B. 54, PGS. 160-161)
I I' I 5' TREE EASEMENT --J
~ : (P.B. 54, PGS. 160-161)
I I ~WEST LINE OF FAIRWAYS OF DELRAY I
(P.B. 54, PGS. 160-161)
(
I
l'
15' MAINTENANCE EASEMENT
(P.B. 54 PGS 160-161)
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LOT 37
(P.B. 54, PGS 160-161)
I~
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o
o
o
o
en
WATER
MANAGEME~
TRACT ~
(P.B. 54, PGS 160-161)
3:
NOTES:
FAIRWAYS OF DELRAY
(P.B. 54, PGS 160-161)
1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY ("THIS IS NOT A SURVEY").
2) NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED
LAND SURVEYOR.
3) BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF FAIRWAYS OF DELRAY, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 54, PAGES 160 AND 161 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY. FLORIDA; HAVING AN ASSUMED BEARING OF NORTH 00000'00" WEST.
M
SHEET 2 OF 2 SHEETS
LB. NO. 0003449
Heller - Weaver and Sheremeta, me,
Engineers .., Surveyors
310 S.E. 1ST STREET, SUITE 4
DELR!Y BEACH, FLORIDA 33483
FILE NO. 06-15499 SS4
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200N.W.lstAvenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this _ day of , 200_, by and between
fc:JrCA)"Y6 .f 't>el'""1l ~o#l , with a mailing address of , party
of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st
Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of
Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of the construction and maintenance of public
utilities with full and free right, liberty, and authority to enter upon and to install, operate, and
maintain such utilities well under, across, through and upon, over, under or within the following
described property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed herein'lfter,
That this easement shall be subject only to those easements, restrictions, and reservations
of record, That the party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. The party of the first part also agrees to
erect no building or effect any other kind of construction or improvements upon the above-
described property.
It is understood that upon completion of such construction, all lands disturbed thereby as
a result of such construction performed thereon, will be restored to its original or like condition
without expense to the property owner,
1
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties,
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS #1:
PARTY OF THE FIRST PART
By:~ :PY'~v~t W. 5L<.~....k~tc.V1
~W rol> H-t>A-
,
~~~
M~ M~-uYI
(name printed or typed)
~~~
~~ ~~ax~'ix
(name printed or typed)
STATE OF rl~.t...t
COUNTY OF ~ M."^-
The foregoing in was acknowledged befo me this 5 day of
, 200J .J.. €-.J ( ame of officer or agent), of
/:141"," \.. name of corporation), a (State or place of
incorpo ation) corpor tion, ~n behalf of the corporation~h or
has produced .AJ _~ (type of identificati 1
not take an oath...
I --..~j.~~i.:r-~~
Ii. /_
) J/4R~c. JABII=L DIAl
'~1........1fl...i,.......~ ....
',"I ',1: ;~O!:f'~': ifi C'")MMISSION # DD260841
i~ ";~!TiIOFI' <If'I~ES OCT 22 2007
l ~ t.!'WRliJA j BONDED THROUGH
;.. ~ ;w INSUfW~CE COMPANY
L _.
Signature of
State of
(SEAL)
2
10' X 10' UTILITY EASEMENT
A PARCEL OF LAND LYING WITHIN THE WATER
MANAGEMENT TRACT, FAIRWAYS OF DELRAY
(P.B. 54, PGS. 160 AND 161)
CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA
CY'H/jj1v 17
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING WITHIN THE WATER MANAGEMENT TRACT, FAIRWAYS OF DELRAY, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 54, AT PAGES 160 AND 161 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 37, FAIRWAYS OF DELRAY, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 54, AT PAGES 160 AND 161 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY FLORIDA; THENCE S90000'OO''E ALONG THE SOUTH RIGHT OF WAY LINE OF PAR CIRCLE, AS SHOWN
ON SAID PLAT FOR A DISTANCE OF 7.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S90000'OO''E
ALONG THE SAID SOUTH RIGHT OF WAY LINE FOR A DISTANCE OF 10.00 FEET; THENCE SOooOO'OO"W FOR 10.00
FEET; THENCE N90000'OO''W ALONG A LINE PARALLEL WITH AND 10.00 FEET SOUTH OF AS MEASURED AT
RIGHT ANGLES TO THE SAID SOUTH RIGHT OF WAY LINE FOR A DISTANCE OF 10.00 FEET; THENCE NOooOO'OO"E
1 0.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 100 SQUARE FEET MORE OR LESS.
SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, FLORIDA.
ER AND S ER
E L.B. N .
BY: DANIEL . f;
PROFESS I A "RV. OR AND MAPPER
FLORIDA G. ". 51 ,8
DATED: 1 -6-06
WORK ORDER NO. 15499
LEGEND:
P.B.
P.O.B.
P.O.C.
PLAT BOOK
POINT OF BEGINNING
POINT OF COMMENCEMENT
SHEET 1 OF 2 SHEETS
LB. NO. 0003449
Heller - Weaver and Sheremeta, inc.
Engineers ... Surveyors
310 S.E. 1ST STREET, SUITE 4
DEIRAY BEACH, FLORIDA 33483
FILE NO. 06-15499-881
-I SKETCH TO ACCOMPANY LEGAL DESCRIPTION I
10' X 10' UTILITY EASEMENT
A PARCEL OF LAND LYING WITHIN THE WATER
MANAGEMENT TRACT, FAIRWAYS OF DELRAY
(P.B. 54, PGS. 160 AND 161) CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA.
~
~....l.'.Z
L
.~
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:,! lJ)
.....--
/
/ ./
I
P.O.B.
S 90'00'00" E 7.50'
15'
PAR CIRCLE MAINTENANCE
60' RIGHT OF WAY EASEMENT
(P .B. 54, PGS.
(P.B. 54, PGS 160-161) 160-161)
10'UTILlTY J SOUTHRIGHTOFWAY]
EASEMENT LINE OF PAR CIRCLE
S 90000'00" E
-- ~ r- -.
_______ __--1
. . 5 oO.oo~oo'; w- . . - . - ~ ~, T~~PO~R~ . t- . . .
10.00' CONSTRUCTION,
N 90.00'00" W EASEMENT
10.00'
P.O.C.
NORTHEAST CORNER OF LOT
37 FAIRWAYS OF DELRAY
(P.B. 54 PGS. 160-161)
~
N 00.00'00" E
-.. -.. _.. -.. - '.-" -.".....,
.' 10.00
~ 10' UTILITY EASEMENT I
r- (P.B. 54, PGS. 160-161)
I . i 5' TREE EASEMENT
. ,(P.B. 54, PGS. 160-161)
I' . -I
I~ !
I I~WEST LINE OF FAIRWAYS OF DELRAY
. (P.B. 54, PGS. 160-161)
I
I
I
I
I,
15' MAINTENANCE EASEMENT
(P.B. 54, PGS. 160-161)
.
o
~I
o
PI
o
o
z
LOT 37
(P.B. 54, PG 160-161)
I~
o
I~
o
I~
FAIRWAYS OF DELRAY
WATER~
MANAGEMENT
TRACT
(P.B. 54, PG 160-161)
NOTES:
(P.B. 54, PG 160-161)
1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY ("THIS IS NOT A SURVEY").
2) NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED
LAND SURVEYOR.
3) BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF FAIRWAYS OF DELRAY. ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 54, PAGES 160 AND 161 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; HAVING AN ASSUMED BEARING OF NORTH OooOO'OO"WEST.
M
SHEET 2 OF 2 SHEETS
LB. NO. 0003449
Heller - Weaver and Sheremeta, inc.
Engineers '" Surveyors
310 S.E. 1ST STREET, SUITE .(
DELRA.Y BEACH, FLORIDA 33483
FILE NO. [)6.15499-SS2
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE
200 NW lst f\VE\lUE' DELRAY BEACH. FLORIDA 33444
TELEPfIO\lE: )61 /2B-70l)() , FACSI MILE: )61/278-4755
, III I! DATE:
DELRAY BEACH
~
All-America City
1993
2001
Writer's Direct Line: 561/243-7091
MEMORANDUM
January 30,2007
TO:
City Commission
David Harden, g!y. Manager
{l-.."V.... ~
Brian Shutt, Assistant City Attorney
FROM:
SUBJECT: Limited Access Easement - Community Land Trust
The Community Land Trust has requested that the City execute a limited access
easement over the north property line of the lot located at the SW corner of SW
15th Avenue and SW 2nd Street. By placing the limited access easement over the
north property line, adjacent to SW 2nd Street, access shall be prevented onto SW
2nd Street, which is unimproved. The CL T has made this request so that frontage
setbacks shall be determined from SW 15th Avenue and not SW 2nd Street.
Our office requests that this item be placed on the February 6, 2007 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Paul Dorling, P&Z Director
~
Z.I
11
Prepared by: RETURN:
R. Brian Shutt, Esq.
City AttorneYs Office
200N.W, 1st Avenue
Delray Beach, Florida 33444
LIMITED ACCESS EASEMENT AGREEMENT
This Limited Access Easement Agreement, made this 18th day of January. 200.10 by
and between Delray Beach community Land Trust with a mailing address of 20 North
Swinton Avenue. Florida and the CITY OF DELRAY BEACH, with a mailing address
of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach
County, State of Florida:
WHEREAS, Section 6,1.2(B)(7) of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach provides that reserve strips controlling access to streets
shall be prohibited except where their control is definitely placed in the City under approved
conditions. Such reserve strips shall be required, as limited access easements, along all arterial
and collector streets except for approved points of ingress and egress; and
WHEREAS, vehicular access onto 8M 2nd Street from the property described in Exhibit
"A"" ti' abl . thi d t d
1S tmprac c ems case ue 0 unim"9roved road ; an
WHEREAS, the property owner wishes to have a limited access easement agreement over
the side of the lot adjacent to 202 SW 15th Avenu~ and
NOW, THEREFORE, in consideration of $10.00 and other valuable consideration,
receipt and adequacy and sufficiency of which is hereby acknowledged, the parties intending to
be legally bound, do hereby agree as follows:
1. That the recitals heretofore set forth are true and accurate and incorporated herein by
reference.
2, That the Limited Access Easement is needed so that vehicle access to the property
described in Exhibit "A" shall be denied as to SW 2nd Street
3. The Limited Access Easement covers the area described in Exhibit "B".
4. Property Owner and City agree that this Limited Access Easement Agreement shall
be recorded in the Public Records of Palm Beach County, Florida and shall nm with the land.
1
The Limited Access Easement granted herein shall not be transferred, assigned, sold or otheIWise
conveyed except in conjunction with the transfer or sale of the subject property,
5, This agreement shall be construed and governed in accordance with the laws of the
State of Florida and in the event of any litigation hereunder, the venue for any such litigation,
shall be in Palm Beach County, Florida All of the parties to this agreement have participated
fully in the negotiation and preparation hereof and, accordingly, this agreement shall not be more
strictly construed against anyone of the parties hereto,
6, This agreement may not be changed, altered or modified except in writing signed by
both parties. This agreement shall be binding upon the parties hereto and their respective
successors and assigns,
IN WITNESS WHEREOF, the parties to this Limited Access Easement Deed set their
hands and seals the day and year first above written.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
By:
City Clerk
Jeff Perlman, Mayor
Approved as to Form:
By:
City Attorney
WITNESSES:
PROPERTY OWNER
(name printed or typed)
Land Trust
By:
Cha1rman
(name printed or typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
. 200-, by . as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a (state or place of incorporation)
2
corporation, on behalf of the corporation. He/She is personally known to me or has produced
(type of identification) as identification,
Signature of Person Taking Acknowledgment
Name Typed. Printed or Stamped
3
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EXHIBIT "B"
The northern property line of Lot 10 (as shown in Exhibit "A")
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERm:) _
AGENDA ITEM 9;' , J - REGULAR MEETING OF FEBRUARY 6,2007
APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN
ELECTION
TO:
SUBJECT:
DATE:
February 2, 2007
1bis is before the City Commission to approve the list of poll workers for the First Nonpartisan
election to be held on March 13, 2007, and to direct the City Clerk to select a sufficient number of
Clerks, Assistant Clerks, Inspectors and Precinct Advisors from the list to work during the election,
pursuant to Section 34.02 of the City Code.
The list is attached for your review.
Recommend approval of the poll workers with direction to the City Clerk to select a sufficient
number of workers for the municipal election to be held on March 13, 2007.
S:\City Clerk\ELECTIONS 2007\Agmemo.Approval Pollworkers.March 2007.doc
CITY OF DELRAY BEACH
MUNICIPAL ELECTION
MARCH 13, 2007
(POLLWORKER LIST)
CLERKS PRECINCT NO.
William Kramer 4052 - Lakeview Baptist Church
Bombina Marrone 4082 - Boca-Delrav Church of Christ
Rosena Miley 7154 - Pompey Park Recreation Center
Elaine Joy Moran 4060 - 505 Club
Pamela Goodman 4048 - Veterans Park Recreation Center
Susan Litchfield 4084 - St. Paul's Episcopal Church
Irving Roth 4080 - Lake Delray Apartments
Fran Rowland 4066 - Pines of Delray East
Ruth Davis 7166 - Villal!e Academv
Arnold "Arnie" Sobel 4012 - Banyan Creek Elementary School
Robert Gross 4058 - Delrav Beach Muni Golf Course
Eileen Marks 7150 - Temple Sinai
Christopher Clarke 7168 - Delray Beach Community Center
Jay Oberfield 4014 - Pines of Delrav North
Evelyn Dawson 4050 - Country Manors Association
Ester W olmer 4166 - Abbev Delrav South
John McGovern 7142 - Church of the Palms
Phyllis Berse 4064 - Orchard View Elementary School
Pearl "Bunny" Elrod 7144 - Delray Beach Public Library
Rosalie Granata 4062 - Emmanuel Catholic Church
David Forest 4056 - West Park Baptist Church
Jonathan Gottlieb 4013 - Barwick Road Baptist Church
Joel Josephs 4076 - First Baptist Church
S:\City Clerk\ELECTIONS 2007\CI1Y OF DELRAYBEACH.Clerks 07.doc
CITY OF DELRAY BEACH
MUNICIPAL ELECTION
MARCH 13, 2007
(pOLLWORKER LIST)
ASSISTANT CLERKS PRECINCT NO.
Darlene Schmidt 4082 - Boca-Dekay Church of Christ
Charles Heiferman 4060 - 505 Club
Edith Frankel 4048 - Veterans Park Recreation Center
Freyda Nussdorf 4084 - St. Paul's Episcopal Church
Sandra M. Blank 4058 - Dekay Beach Muni Golf Course
Michael Aaronson 7150 - Temple Sinai
Theresa Sebar 7168 - Dekay Beach Community Center
Basia Mc Donnell 4062 - Emmanuel Catholic Church
CIlY OF DELRA Y BEACH.Assistant Clerks 07.doc
CITY OF DELRAY BEACH
MUNICIPAL ELECTION
MARCH 13, 2007
(pOLLWORKER LIST)
PRECINCT ADVISORS PRECINCT NO.
Doris Goldberg 4052 - Lakeview Baptist Church
David Farber 4082 - Boca-Delray Church of Christ
Evelyn Evans 7154 - Pompey Park Recreation Center
Ilene Soyt 4060 - 505 Club
Ross Zito 4048 - Veterans Park Recreation
Philip Dolinsky 4084 - St. Paul's Episcopal Church
Linda Lieberman 4080 - Lake Delray Apartments
Alice Otis 4066 - Pines of Delray East
Gerry F ranciosa 7166 - Village Academy
Shirley Bellamy 4012 - Banyan Creek Elementary School
Patricia Corbett 4058 - Delray Beach Muni Golf Course
Richard Litchfield 7150 - Temple Sinai
Alan Harold Lish 7168 - Delray Beach Community Center
Norton Rosenberg 4014 - Pines of Delray North
Martin Beren 4050 - Country Manors Association
Helen F ett 4166 - Abbey Delray South
Arlene Presel 7142 - Church of the Palms
Lawrence J. Diou 4064 - Orchard View Elementary School
I anice Smith 7144 - Delray Beach Public Library
Lynne Blaker 4062 - Emmanuel Catholic Church
Alvin Heckler 4056 - West Park Baptist Church
Elizabeth Thomas 4013 - Barwick Road Baptist Church
Rafael Huesca Jr. 4076 - First Baptist Church
S:\City Clerk\ELECTIONS 2007\CIlY OF DELRAYBEACH.Precinct Advisors 07.doc
CITY OF DELRAY BEACH
MUNICIPAL ELECTION
MARCH 13, 2007
(POLLWORKER LIST)
INSPECTORS PRECINCT NO.
1) Arlene (Judy) Sobel 4052 - Lakeview Baptist Church
2) Stanford Kalla
3) Muriel Freedman
4) Veronika Morvai
1) Calvin Dever 4082 - Boca-Delray Church of Christ
2) Matt Atkinson
3) Francine Freid
1) Vera Farrington 7154 - Pompey Park Recreation Center
2) Gwendolyn Green
3) Mary Wright
1) Doris Lessner 4060 - 505 Club
2) Renee Blum
3) Ms. Luise Piane
4) Robert G...aurv) Finestone
5) Benjamin (Benjy) Beberman
6) Richard Gallo
1) Mary W. Lurvey 4048 - Veterans Park Recreation Center
2) Faye Braverman
3) Morton Klibonoff
4) Shirley Roth
5) Sylvia Bloomenthal
6) Carola Simpson
1) Jack Lessner 4084 - St. Paul's Episcopal Church
2) Ruth Kahn
3) Shirley Glassman
4) Hotly Sin~er
5) Louise Edwards
6) Arnold Weinstein
1) Hope Elaine Farber 4080 - Lake Delray Apartments
2) Josephine Leuzzi
3) Anita Berliner
1) Lowell Krokoff 4066 - Pines of Delray East
2) Rhoda Landsman
3) Paul Pesale
4) Ralph D'annucci
5) Florence Michelson
S:\City Clerk\ELECTIONS 2007\CITY OF DELRA Y BEACH. Inspectors 07.doc
Page I of3
INSPECTORS PRECINCT NO.
1 Eugene Rosoff 7166 - Village Academy
2 Fred Ash
3 La Vira B. Brio
1 Joseph Krochak 4012 - Banyan Creek Elementary School
2 Rochelle Kramer
3 Doris Krokoff
4 Fred Cirlin
1 Anthony Mendillo 4058 - Delray Beach Muni Golf Course
2 Richard P. Friedman
3 Leonard Alford
4 Pauline K. Shulman
5) Barbara Gordon
1) Eleanore R. Kresch 7150 - Temple Sinai
2) Rose N. Port
3) Marvin Bressler
4) Kenneth Leiner
5) Julius Seltzer
1) Michael Hersh 7168 - Delray Beach Community Center
2) Mary Howard
3) Esther Huesca
1)MurrayMiche~on 4014 - Pines of Delray North
2) Sylvia Cassillo
3) Donna Zorn
1) Paul Harrison 4050 - Country Manors Association
2) Dorothy Ford
3) Sylvia Centner
1) Ladislaus (Laddi) Bondor 4166 - Abbey Delray South
2) Roselyn Cohen
3) Juanita Shaul
4) Lula Hayes
1) Betty Dolinsky 7142 - Church of the Pahns
2) Lilyan B. Kanir
3) Dorothy Goldberg
4) Syrietta (Skippy) Kalla
1) Mrs. Sydelle Weinstein 4064 - Orchard View Elementary School
2) Les Frank
3) Alfred Ryer
4) Stanley (Stan) Saltz
1) Mary Civitano 7144 -Delray Beach Public Library
2) Evelyn Hersh
3) Doris Hannum
1) Gilbert Berliner 4062 - Emmanuel Catholic Church
2) lean Alter
3) Barbara (Bobbie) Harrison
4) Ellen Frank
S:\City Clerk\ELECTlONS 2007\C1TY OF DELRA Y BEACH. Inspectors 07.doc
Page 2 00
INSPECfORS PRECINCf NO.
5) Sylvia Sandowsky
6) Donald Presel
7) Roma Freilich
1) Alice Schultz 4056 - West Park Baptist Church
2) Martin "', Meltzer
3) Harry Alter
4) Leona Happen
1) Sol Friedman 4013 - Barwick Road Baptist Church
2) Linda Pesale
3) Goldie Meyers
1) Carole Appelbaum 4076 - First Baptist Church
2) Norman Laufer
3) Melvin Gorenstein
S:\City Clerk\ELECTIONS 2007\CITY OF DELRA Y BEACH. Inspectors 07.doc
Page 3 of3
TO: DA~R EN CI~ MANAGER
THRU: ~~ ' DIRECTOR OF PLANNING & ZONING
FROM: /SCOTT ARONSO ,PARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF FEBRUARY 6, 2007 - CONSENT AGENDA
APPROVE THE RENEWAL OF A CONTRACT WITH PARKING PROS FOR THE
STAFFING OF THE SOUTH COUNTY COURTHOUSE ON WEEKEND EVENINGS
AND SPECIAL EVENTS
In January, 2005, pursuant to City Commission direction, the City successfully negotiated with the County to
utilize the South County Courthouse Garage on Thursday, Friday and Saturday evenings between the hours of
5:00 PM and 3:00 AM to alleviate some of the parking congestion in the downtown area.
In February, 2005, the City entered into an agreement with Parking Pros to staff the Garage pursuant to the
agreement with the County. The contract, effective from February 7,2006 through February 6,2007, is now up for
renewal for the third contract year.
Two (2) minor modifications to the original contract are recommended. Staff recommends the inclusion of a
stipulation to allow two (2) 1-year renewals at the discretion of the City Manager. Additionally, the contractor has
merged with Accurate Parking, Inc. and will be doing business under their new corporate name, the change for
which will be incorporated into the new contract.
The 3:00 AM closing time was established to accommodate employees and customers of restaurants and bars in
the downtown area which may not retrieve their cars until after the 2:00 AM closing time. The operational
procedures require the facility to be opened no later than 3:00 AM and closed no earlier than 11 :00 PM if there
are no cars parked in the garage. The cost to staff the garage is $16.50 per hour and is funded through account
001-3151-545-34.90. Due to declining utilization, the program was temporarily discontinued during the summer of
2005 and was reinstated in December 2005 (later than anticipated as recovery from Wilma was still being
completed). Utilization in the past year has increased to the point that the facility remained open all summer and
averaged 434 cars per month during June, July and August.
Estimated cost to staff the facility through September 30, 2007 is $16,830.00. This estimate has been prepared
utilizing maximum operating hours (10 hours per day 3 days per week for a total of 34 weeks). It is anticipated
that the garage will rarely stay open until 3:00 AM which should reduce the associated staffing costs. Event
staffing is paid by the event sponsor.
By motion, approve the renewal of the contract with Parking Pros (changing to Accurate Parking, Inc.), for a
period of one (1) year, commencing February 6, 2007 with two (2) 1-year renewals at the City Managers
discretion, for the staffing of the South County Courthouse Garage on Thursday, Friday, Saturday evenings and
special events.
Attachments:
· Lease Agreement
. January 23, 2007 Letter from Parking Pros
~.-K
01/24/2007 14:38
9549274156
ACCURATE EVENT SVCS
PAGE 02/1212
.
.
.
.
.
.
PO 80. 220680
Hollywood, FL 33022
954444-7252
Parking Pros
January 23, 2007
Scott Aronson
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL. 33444
Dear Mr. Aronson:
Effedive February 1, 2007 Parking Pros will officially merge with Accurate
Parking, Inc,(ein #2Q..8214780). The parent company. Accurate Event Services
has been in business over 20 years and this merger will expand Parking Pros
resources to better accommodate its current clientele.
Should you have any questions or concems, please do not hesitate to contact
me,
Thank you,
Sincerely,
~~~
Gary Kramer
President
~P~~DB....... .... ........ .........
PARKING GARAGE AGREEMENT
THIS AGREEMENT is made this _ day of , 2007 by and
between the CITY OF DELRAY BEACH, FLORIDA ("City") and ACCURATE
PARKING INC. ("Contractor").
WIT N E SSE T H:
WHEREAS, Palm Beach County has granted the City a license by separate
agreement to use the South County Courthouse Parking Garage; and
WHEREAS, the City seeks to have an independent entity implement its parking
requirements under the City's license agreement from Palm Beach County by operating
a garage for the City's overflow parking purposes for the period specified in this
Agreement; and
WHEREAS, Contractor agrees to provide an employee to the City for the
purposes of operating the Parking Garage on Thursday, Friday and Saturday nights as
provided by the License Agreement between the City and Palm Beach County and as
more specifically stated herein.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the
mutual covenants and conditions contained in this Agreement, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties hereby agree as follows:
1. Incorporation of recitals. The parties hereby represent and warrant that
the above recitals are accurate and correct and hereby incorporate them as if fully set
forth in this Agreement.
2. Term. The term of this Agreement shall be for a period of one (1) year
beginning February 7, 2007 through February 6, 2008, or until the City's license
agreement with Palm Beach County is terminated, whichever comes first. This
Agreement may be renewed for 2 one year periods, upon consent of the City Manager.
3. Contractor's Responsibilities.
a. Contractor shall provide one (1) employee to perform all of
Contractor's responsibilities and duties as provided in this Agreement. These
responsibilities include but are not limited to:
1. Open and close the parking garage during all hours of
operation.
2. Man the entrance to the parking garage during all hours of
operation (5:00 pm. through 3:00 a.m. Thursdays, Fridays and Saturdays).
3. Post the appropriate signs and secure the facility in
Contractor's/Employee's absence during hours of operation.
4. Keep a daily count of vehicles and forward the count to the
City.
5. Contact Scott Aronson, Parking Management Specialist, on
Sundays between 12:00 and 3:00 p.m. in order to arrange for the removal of any
vehicles remaining in the garage.
6. Obtain keys and a County radio from the Courthouse
Security Desk daily and sign log when keys are picked up.
7. Open the 2nd Avenue entrance only at 5:00 p.m.
2
8. Open all stairwell access doors, ground level doors adjacent
to handicapped spaces and exterior white gate to allow access.
9. Close garage by securing all doors nightly at 3:00 a.m. or
when the last car exits. In no case should garage close before 11 :00 p.m. nor remain
open after 3:00 a.m.
10. Return keys and radio to the Courthouse Security Desk and
sign log each night after garage has been closed.
b. Contractor's employees shall wear a photo 10 badge including
employee's name and company identification and wear a uniform or shirt identifying
company. Contractor's employees shall also be fingerprinted and have background
checks performed by Palm Beach County in accordance with the County's Criminal
History Records Check Ordinance.
4. Use of Facilities. The parking facilities shall be available for use by the
public from 5:00 p.m. through 3:00 a.m. Thursdays through Saturdays at no charge
unless otherwise designated. Contractor shall not reserve or otherwise utilize any
spaces for reasons other than use by the public without prior written consent from the
City Manager or his/her designee so long as those reasons are consistent with the
terms of the license agreement from Palm Beach County.
5. Improvements. Contractor shall not construct or place any temporary
signage or traffic control devices on the subject property without the prior written
consent of the City. Improvements to the property are prohibited.
3
6. City's Responsibilities.
a. The City shall pay Contractor the amount of $16.50 per hour for
each hour that Contractor's employee is present on the premises during the hours of
operation from 5:00 p.m. through 3:00 a.m. Thursdays, Fridays and Saturdays except
on those occasions in which there are special events. For special events, all rules and
regulations as provided in this Agreement shall still apply to Contractor; however,
billing for special events may be addressed by a separate agreement.
b. City agrees to pay Contractor "Holiday Pay" for the following
mutually agreeable holidays:
1. Presidents' Day.
2. Independence Day.
3. Veteran's Day.
4. Thanksgiving.
5. Christmas Eve.
6. Christmas Day.
7. New Year's Eve.
8. New Year's Day.
Holiday pay shall be paid by the City to Contractor at the rate of time and a half.
c. The City agrees to remit payment to Contractor within thirty (30)
days of the City's receipt of invoice by Contractor.
d. The City shall remit payment to: Accurate Parking Inc., P.O. Box
220680, Hollywood, Florida 33022.
4
7. Termination of Aareement. Both parties may terminate this Agreement
upon thirty (30) days written notice by certified letter; however, the City may terminate
this Agreement at any time by written notice if the Delray Beach Public Library and/or
Palm Beach County direct the City to stop using the parking garage. If the City
terminates this agreement because Delray Beach Public Library and/or Palm Beach
County directs the City to stop using the parking garage, then the City shall reimburse
Contractor the amount of $10.00 for each month remaining in the contract.
8. Indemnification. The Contractor shall indemnify and hold harmless the
City and Palm Beach County, its officers, agents and employees from all suits, actions,
claims and liability arising out of the Contractor's acts and omissions arising from the
Contractor's activities upon the subject property. Nothing contained herein shall be
deemed a waiver of the City's or County's sovereign immunities.
9. Insurance. Contractor shall, during the term of this Agreement, keep in
full force and effect General Liability Insurance, Workers Compensation Insurance,
Garage Keepers Legal Liability Insurance and Automobile Liability Insurance in the
amounts provided in Exhibit "A" to this Agreement. Contractor shall name the City of
Delray Beach and Palm Beach County as additional insureds on the policy.
10. Non-Discrimination. Contractor shall assure and certify that it will
comply with the Title IV of the Civil Rights Act of 1964, as amended, and Palm Beach
County Resolution No. R92-13, and shall not discriminate against any individual on the
basis of their race, color, national origin, ancestry, sex, age, marital status, sexual
orientation or disability with respect to any activity occurring on the premises.
5
11. Independent Contractor. This Agreement does not create an
employer/employee relationship between the parties or between the City or Palm
Beach County and the person employed by Contractor to perform the services required
by this Agreement. Contractor or its employees are not entitled to any benefits paid to
City or Palm Beach County employees. It is the intent of the parties that under this
Agreement, that the Contractor and its employee and/or agent is not to be considered
an employee of the City or Palm Beach County for any and all purposes, including, but
not limited to, the application of the Fair Labor Standards Act minimum wage and
overtime payments, Federal Insurance Contribution Act, the Social Security Act, the
Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State
Worker's Compensation Act, and the State Unemployment Insurance Law. The
Contractor is required to comply with all the above laws and provide such entitlements
to its employees/agents as required by law. Contractor shall be responsible for all
taxes of any kind. An IRS W-2 form will not be provided. The City will provide an IRS
Form 1099 required by law. Contractor and its employees understand that no Federal
Income Tax will be withheld by the City.
12. Bondina. Contractor's employees and/or agents shall be bonded in
the amount of One Hundred Thousand Dollars ($100,000). A certificate evidencing
proof of bonding must be provided to the City by Contractor at time of execution of this
Agreement.
6
13. DruQ Free Workplace. The Contractor agrees to comply with Florida
Statute Section 287.087 which gives preference to businesses with drug-free workplace
programs.
14. Entire AQreement. 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.
15. AssiQnment or Transfer. This Agreement may not be assigned or
transferred by the Contractor, in whole or part without the written consent of the City.
16. Applicable Law. This Agreement shall be governed by and construed in
accordance with the law of the State of Florida.
17. Notices. All notices shall be effective when mailed to the following
addresses:
Contractor Address:
Gary Kramer, President
ACCURATE PARKING, INC.
2419 Hollywood Boulevard - Suite C
Hollywood. FL 33020-6605
City Address:
David T. Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed on their behalf this _ day of
,2005.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
7
City Clerk
David T. Harden
City Manager
Approved as to Form:
City Attorney
WITNESSES:
ACCURATE PARKING INC.
By:
Print Name:
Gary Kramer, President
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 2007, by (name of officer or agent,
title of officer or agent) of (name of corporation
acknowledging), a (state or place of incorporation) corporation, on
behalf of the corporation. He/She is personally known to me or has produced
(type of identification) as identification and did (did not)
take an oath.
Signature of Notary Public - State
of Florida
8
EXHIBIT A
INSURANCE REQUIREMENTS FORM
1. Workers' Compensation per the Statutory limits of the State of Florida to include
Employer's Liability Insurance with limits of at least
$100,000/$500,000/$100,000.
2. Garage Liability Insurance of at least $1,000,000 combined single limits per
occurrence to protect the City against all risks of injury to persons (including
death) or damage to property wherever located resulting from any action or
operation under the contract or in connection with the work. This policy is to
provide coverage for premises/operations including auto liability, independent
contractors, broad form contractual liability, products/completed operations.
3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an
annual aggregate of $500,000.
4. Automobile Liability of at least $300,000 combined single limits per occurrence
for owned/non-owned/hired automobiles connected with the business.
5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as
additional insured on the liability policies; and it must be stated on the certificate.
6. Thirty (30) days written cancellation notice required.
7, Best's guide rating B+, VIII or better, latest edition
MEMORANDUM
TO:
MAYORANDCI
ISSIONERS
FROM:
CIlY MANAGER
AGENDA ITEM # ~. - REGULAR MEETING OF FEBRUARY 6. 2007
AGREEMENT /BARWICK ROAD BAPTIST CHURCH
SUBJECT:
DATE:
February 2, 2007
This is before the City Commission to approve an agreement in the amount of $10.00 between the
City of Delray Beach and Barwick Road Baptist Church, for the City's use of the Southwest comer of
the Church property, located at 500 Barwick Road. This site will be utilized as a location for a
temporary facility for Fire Rescue Station No, 4, in exchange for water and sewer improvements to be
made on the Church's property as part of the services required to serve the temporary station.
Recommend approval of an agreement in the amount of $10.00 with Barwick Road Baptist Church,
to allow the City to use the Southwest comer of the Church property, located at 500 Barwick Road,
for a temporary facility for Fire Station No.4 for twenty-four (24) months or until the new fire station
at Lake Ida and Barwick Road is completed,
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager Fire Station 4 Temporary Modular 0206.07.doc
[ITY DF DELRAY BEA[H
FIRE-RESCUE DEPARTMENT
DELRAY BEACH
~
All-America City
'IIII!
1993
2001
SERVING DELRAY BE,I\CH . Ci.:LJ' STREAM · HIGHLAND BEACH
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Kerry B. Koen, Fire Chief
DATE: February 1,2007
SUBJECT: Agreement between the City and Barwick Road Baptist Church
The Delray Beach Fire-Rescue Department is seeking approval to finalize an
agreement between the City and Barwick Road Baptist Church to use a portion of their
vacant property for a temporary Fire Station Site while Fire Station #4 is being rebuilt.
The Church agrees not to charge the City a monthly fee for the use of their land, and in
return the City will up-grade the Church's water and sewer systems as part of the services
required to serve the temporary fire station.
An Agenda Request and the Use Agreement which was executed by the Pastor
and the Church Council are attached, as well as a site plan showing the location of the
temporary Fire-Rescue Station site.
\(~- -\TI . (
Kerry B. Koen
Fire Chief
-
KBK/cls
cc: Acting Asst. Chief Ackerman
Mr, Hasko
FIRE-RESCUE DEPARTMENT HEADQUARTERS. 501 WEST ATLANTIC AVENUE. DELRAY BEACH. FLORIDA 33444-2555
(561) 243-7400. FAX (561) 243-7461
Printed on Recycled Paper
Page 1 of2
Smith, Douglas
From: Barton, Terrill
Sent: Wednesday, January 31,20072:05 PM
To: Smith, Douglas
Cc: Shutt, Brian
Subject: FW: Agenda Information
Susan,
I drafted the agreement between Barwick Road Baptist Church and the Fire Department. Richard Ackerman is putting
it on the agenda,
Terrill C. Barton,
Assistant City Attorney
200 NW 1 st Avenue
Delray Beach, FL 33444
(561) 243-7090
From: Ruby, Susan
sent: Wednesday, January 31, 2007 12:44 PM
To: Barton, Terrill; Shutt, Brian
Subject: FW: Agenda Information
Please see below. Have you seen these agreements as stated below?
Susan 5\. 'Ruby
City Attorney
200 N. W. 1 st Ave.
Delray Beach, FI. 33444
Telephone: 561-243-7091
Facsimile: 561-278-4755
ruby@ci.delray-beach.f1.us
From: Smith, Douglas
sent: Wednesday, January 31, 2007 11:53 AM
To: Ruby, Susan
Subject: Agenda Information
Susan,
Has your office seen any of the following agreements (for the Feb. 6 agenda) for legal review?
. Agreement between City and Barwick Road Baptist Church for temporary fire station
. FOOT Maintenance Memorandum of Agreement - US 1 from C-15 Canal to Tropic Blvd.
. Agreement with FOOT for install of trombone style mast arm signals at A 1 AlEast Atlantic Ave.
Thanks,
Doug Smith
Assistant City Manager
City of Del ray Beach
100 NW First Avenue
Delray Beach, FL 33444
Phone: (561) 243-7144
2/2/2007
AGREEMENT BETWEEN THE
CITY OF DELRA Y BEACH
AND
BARWICK ROAD BAPTIST CHURCH
FOR THE CITY'S USE OF CHURCH PROPERTY
THIS AGREEMENT ("The Agreement") is made this .Q r- day of
Jal\v~ra ' 2007 by and between the CITY OF DELRAY BEACH, a Florida
Municipal orporatlOn ("City"), and BARWICK ROAD BAPTIST CHURCH, ("Church").
WITNESSETH:
WHEREAS, the City is constructing a new fire station at Barwick and Lake Ida Road;
and
WHEREAS, the City desires to use the southwest comer of Church's property at 500
Barwick Road for a temporary fire station; and
WHEREAS, the Church desires to allow City to utilize the southwest comer of the
Church's property at 500 Barwick Road on a temporary basis in exchange for water and sewer
improvements to be made on the Church's property at the City's expense.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual
covenants and conditions contained in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby
agree as follows:
I. GENERAL PROVISIONS
1. The parties hereby represent and warrant that the above recitals are accurate and
correct and hereby incorporate them in this Agreement.
2. The Church agrees to make the southwest comer of its property located at 500
Barwick Road, Delray Beach, Florida 33445, hereinafter referred to as "Property", available to
the City for the placement of a 41 'x61' module facility, an asphalt driveway, and a 40'x 42' pad
to support the Fire-Rescue Pumper and Rescue Unit on site. (Please see Site Plan attached hereto
as Exhibit "A"). Church agrees to allow City to use the Property as a temporary fire-rescue
station twenty-four (24) hours a day, seven (7) days a week for twenty-four (24) months or until
the construction of the new fire station at Lake Ida and Barwick Road is complete.
3. The City agrees to upgrade the water service on the Property from a one-inch to
a two-inch water main, connect the Property to the City's sewer system, and shall extend all
water, sewer, electrical, and phone services to the southwest corner of the Property at no cost to
the Church. The driveway, pad, and all utility and electric extensions on the southwest corner of
the property shall remain for the Church's use after the City has vacated the Property and the
City shall supply Church with the instructions necessary to maintain the improvements properly.
II. OWNERSHIP
The Property shall remain in the ownership of the Church at all times material to this
Agreement and subject to all terms and conditions imposed thereby.
III. MAINTENANCE
The City will maintain the water and sewer improvements during its temporary occupation of the
Property. After the City has vacated the Property, the Church will assume 100% of costs of
maintenance of the improvements on site and the City shall supply Church with the instructions
necessary to maintain the improvements properly. The City agrees that if any damage occurs to
the Property as a result of the City's occupation and use of it, the City shall return the Property
to the same condition that it was in prior to the City's use within sixty (60) days of notice of
same.
IV. MODIFICATION
Any modifications to this Agreement shall be in writing and approved by both parties.
V. TERM
This Agreement shall become effective upon approval of both parties, and shall continue until
the City has vacated the Property upon completion of construction of the new fire station at
Lake Ida and Barwick Road.
VI. NOTICE
All notices herein required, permitted to be given to or served upon either party, shall be in
writing. Any such notice shall be deemed sufficiently given or served, if served personally, sent
certified mail by the United States Mail, or by any nationally recognized overnight carrier or fax
with receipt confirmation to the Church or the City at the addresses set forth as follows:
As to Church:
Barwick Road Baptist Church
Attn: Pastor Michael J. LoBrutto
2
500 Barwick Road
Delray Beach, FL 33445
As to City:
David Harden, City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33444
With copies to:
Susan Ruby, City Attorney
200 N.W. 1st Avenue
Delray Beach, FL 33444
Kerry Koen, Fire Chief
City of Delray Beach Fire Dept.
501 West Atlantic Avenue
Delray Beach, FL 33444
VII. SEVERABILITY
If any term or provision of this Agreement shall, to any extent, be deemed invalid or
unenforceable, the remainder of this Agreement shall be valid and shall be enforced to the fullest
extent of the law.
VIII. ENTIRE AGREEMENT
This Agreement, together with any addendum(s) that may now or in the future be attached and
become a part of this Agreement, set forth all covenants, promises, agreements, conditions and
understanding between the parties hereto. There are no covenants, promises, agreements,
conditions and understandings, either oral or written, between the parties other than those herein
set forth. Except as herein provided, no subsequent alteration, changes, or additions, shall be
binding upon the parties, unless and until reduced to writing and signed by both parties.
IX. VENUE
This Agreement shall be governed by and interpreted according to the laws of the State of
Florida. To the extent allowed by law, the venue for any action arising out of or from this
Agreement shall be in Palm Beach County, Florida.
X. THIRD PARTIES
This Agreement is made solely and specifically among and for the benefit of the parties hereto,
and no other person shall have any rights, interest, or claims hereunder or be entitled to any
benefits under or on account of this Agreement as a third party beneficiary or otherwise.
3
IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on
the day and year first above written.
ATTEST:
/~~/jft~~
,f
, C'J(?IZ
<ltlurch Trustee
BARWICK ROAD BAPTIST CHURCH
By: ~4!I ~h1) .
, Mich I J. LoBrutto, Pastor
(?
STATE OF FLORIDA )
) ss:
COUNTY OR PALM BEACH )
\ The foregoing instrument was acknowledged before me this o?<C?~ day of
-h...nUS}j\J2L, 2007 by Michael J. LoBrutto, Pastor of the B. arwick Road B~tist Church and
who is persor1aJfy Ja:1ow to me or has produced --L-\CD3 ~q \~ as
identification. l\l~a.~ h<O ~c ~ ""b(\\J€R's L\( _ V)cz
",~~~yt.;:" Kimbe~ley A. De Angelis
~:~~~:'= Com~l1JsslOn #OD235924
:.~, 'iJ:,..~ ExpIres: Sep 17,2007
-"~~OFf:"'O"~" Bonded Thru
'"",,\\' Atlantic Bonding Co., Inc.
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4
ATTEST:
THE CITY OF DELRA Y BEACH,
By:
City Clerk
Jeff Perlman, Mayor
Approved as to legal sufficiency
and form:
City Attorney
STATE OF FLORIDA )
) ss:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this day of
,2007 by Jeff Perlman, Mayor for the City of Delray Beach, Florida, and who is
personally know to me or has produced as
identification.
Notary Public
(Print or Type Name)
5
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Date: January 29.2007
AGENDA ITEM NUMBER:
<6.1-
AGENDA REOUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: February 6. 2007
Description of agenda item (who, what, where, how much):
Approval of agreement between the City of Dekay Beach and Barwick Road Baptist Church
for the City's use of Church property.
Recommendation: Approve agreement..
V-o.- ~\~.~
Department Head Signature:
--.
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes/No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda:~/
Hold Until:
No InitiaL., ~
Agenda Coordinator Review:
Received:
[IT' DF DElRAY BEA[H
~
.... ...tt;V1..................
"v~\\ f
CITY ATTORNEY'S OFFICE
"-\V i :\\1
!.I I'll! )\1
\Y HE\ClL FLORIDA 33444
!',{SI\lILE: 561/278-4755
MEMORANDUM
DELRAY BEACH
F L (J' I{ I D A
~
All-America City DATE:
, III I! TO
January 30, 2007
City Commission
David Harden, City Manager
1993
2001
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Memorandum of Understanding; First Amendment to Declaration of
Continuing Obligations and Reservation of Rights; Guarantee
Agreement in Lieu of Maintenance Bond for the Block 69 Garage;
Limited Parkinq License Aqreement
We are a Third Party Beneficiary of the Agreement labeled No. 2 below and a
Party to the remaining Agreements. All of the Agreements are before you for
approval.
1. Memorandum of Understandina:
The CRA approved the Memorandum of Understanding at their last meeting. The
Memorandum of Understanding seeks to clarify the remaining obligations of the
parties and shall become effective upon the conveyance of the Block 69 Garage to
the City. The Memorandum extends from early February to July 2,2007, the date
that Block 77 has to apply for a building permit with construction to commence
within 180 days of issuance of the permit.
The Memorandum terminates any reverter rights of the City to Block 77 properties
and any easements for parking the City has upon conveyance of the Block 69
Garage and eliminates warranty obligations (which will be replaced with a
maintenance guarantee by Mr. Morris). Block 77 shall pay the CRA's attorney's
fees and up to $5,000 of the City's attorney's fees in securing the Memorandum of
Understanding and other documents.
2. First Amendment to Declaration of Continuing Obligations
and Reservation of Riahts:
This Amendment makes clear that the Permit Application will be submitted by July
2,2007.
if1
City Commission
January 30, 2007
Page 2
3. Guarantee Aareement:
The Guarantee Agreement substitutes for the earlier requirement of a
Maintenance Bond for the Garage and cancels the previous performance
guarantee for the construction of the Garage.
4. Limited Parkina License Aareement:
In consideration of extending the submission of the application for the building
permit to July 2, 2007, Block 77 will allow the City to park on certain properties
owned by Block 77, pursuant to a License Agreement (the current Easement will
be released upon conveyance of the Block 69 Garage).
The License Agreements allow the City to use the South 69 property (Lot 19 of
Block 69, less the West 2 feet, South 2 feet and East 5 feet) and the area shown
in the crosshatching (former City lot behind Worthing Park, less portions of Lots 4,
5 and 6 in order that Block 77 can locate a sales office there).
Block 77 has the right to commence construction Le. demolition and the like and
close parts of the Block 77 licensed parking temporarily, but at all times will assure
at least 30 spaces will be available to the City on the Block 77 property behind
Worthing Park. This is in addition to parking on Lot 19 of Block 69 and the Block
69 Parking Garage. This License will expire upon the application for the building
permits on Block 77.
The License Indemnification by the City to Block 77 is limited to $1 million per
occurrence and $2 million is the aggregate.
Please place these four Agreements on the City Commission agenda for February
6, 2007 for approval, subject to the closing and transfer of the Block 69 Parking
Garage to the City.
SAR:ci
cc: Doug Smith, Assistant City Manager
Chevelle Nubin, City Clerk
Steve Rubin, Esq.
Diane Colonna, Director, CRA
LGS DRAFT 1-31-07
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("Memorandum") is made as of the day
of , 2007 ("Effective Date"), by and between BLOCK 77
DEVELOPMENT GROUP, L,C, a Florida limited liability company, with offices at c/o
Southcoast Partners, Inc., 900 E. Atlantic Avenue, Suite 13, Delray Beach, FL 33483 ("BLK
77"), the DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY having offices
at 20 N. Swinton Avenue, Delray Beach, Florida 33444 ("CRA") and the CITY OF DELRA Y
BEACH, FLORIDA, a Florida municipal corporation, whose address is 100 N.W. 1st Avenue,
Delray Beach; Florida 33444 ("City").
BACKGROUND
The City and CRA owned certain pieces or parcels of land situate, lying and being in the
heart of Delray Beach, Florida, and described in Exhibit A-I attached hereto and made a part
hereof (the "City/CRA Land"). The City and CRA, in the interest of stimulating development
of the City/CRA Land, put out an request for proposal ("RFP") for the City/CRA Land. BLK 77
was awarded the RFP contract to acquire the City/CRA Land. '
The various documents entered into by and between or among the City, CRA and BLK
77 simultaneously with and subsequent to BLK 77's award of the RFP provided the City and
CRA certain protections and assurances to the end that the development of the City/CRA Land
sought by the City and CRA, as evidenced by the RFP, would actually happen and provided the
City and CRA with specified rights with respect to the City/CRA Land in the event the
comtemplated development failed to occur.
Those protections and assurances provided to the City and CRA were expressed as
follows: (i) a "CRA right of repurchase" (herein "CRA Right of Repurchase") as expressly
mentioned in the Declaration (as defined herein) and the CRA Deed (as defined herein); (ii) a
CRA "right of first refusal" (herein" CRA Right of First Refusal") as expressly mentioned in
the Declaration and CRA Deed; and (iii) a City "right of repurchase," "reconveyance" and/or
"reverter" (herein "City Additional Rights") as expressly mentioned in the Declaration, Parking
Facility Memorandum (as defined herein) and CRA Deed. The CRA Right of Repurchase, the
CRA Right of First Refusal and the City Additional Rights are hereinafter sometimes
collectively referred to as "City/CRA Reserved Rights". The various documents setting forth
the City/CRA Reserved Rights enumerated al~o certain conditions precedent to the conveyance
of the City/CRA Land from the City and/or the CRA to BLK 77 ("Conveyance Conditions")
and certain conditions subsequent to said conveyance the failure of anyone of which could
"trigger" the exercise by the City and/or CRA of one (1) or more of the City/CRA Reserved
Rights ("Continuing Obligations").
References to the City/CRA Reserved Rights can be found both in the documents
referenced above and in a number of documents ancillary thereto and, in some instances and to
some degree, the articulation of the City/CRA Reserved Rights varied.
Page 1 of 25
All of the Conveyance Conditions were satisfied and fulfilled by BLK 77, the City and
the CRA, culminating in the transfer of the City/CRA Land by the City and/or CRA to BLK 77
on May 6, 2006, as evidenced by that certain Warranty Deed dated May 6, 2006, executed and
delivered by CRA to BLK 77 and recorded in the Public Records of Palm Beach County, Florida
in Official Records Book 20414, Page 522 (the "CRA Deed").
In fairness to all concerned, especially BLK 77, to eliminate any possible confusion, and
to bring certainty and complete agreement among the parties as to those of the Continuing
Obligations which remain, as of the date hereof, to be done so as to effect a release and
termination of those of the City/CRA Reserved Rights as remain extant as of the Effective Date,
the City, CRA and BLK 77 have entered into this Memorandum of Understanding with a view
toward reciting and, in some cases, where deemed necessary and appropriate, amending and
restating both the remaining City/CRA Reserved Rights and the BLK 77 remaining Continuing
Obligations.
RECITALS
WHEREAS, BLK 77, CRA, City and AmSouth Bank, an Alabama state chartered bank,
are parties to that certain Recognition Agreement dated May 25, 2006, as recorded in Official
Records Book 20414, Page 0514, of the Public Records of Palm Beach County, Florida (the
"Recognition Agreement");
WHEREAS, BLK 77 and CRA are parties to the following (i) that certain Declaration of
Continuing Obligations and Reservation of Rights dated May 24, 2006, as recorded in Official
Records Book 20414, Page 492, of the Public Records of Palm Beach County, Florida (the
"Declaration"), (ii) that certain Memorandum of Agreement dated May 24, 2006, as recorded in
Official Records Book 20414, Page 0504, of the Public Records of Palm Beach County, Florida
(the "Bond Memorandum"), and (iii) CRA Warranty Deed, which sets forth certain
remunerated obligations ofBLK 77;
WHEREAS, BLK 77 and City are parties to the following (i) Temporary Exclusive
Parking and Access Easement dated May 23, 2006, as recorded in Official Records Book 20414,
Page 528, of the Public Records of Palm Beach County, Florida (the "Parking Easement"), and
(ii) that certain Memorandum of Agreement dated May 26, 2006, as recorded in Official Records
Book 20414, Page 0514, of the Public Records of Palm Beach County, Florida (the "Parking
Facility Memorandum");
WHEREAS, for avoidance of doubt, the parties hereto agree that the following have
occurred to the full and complete satisfaction of the City, the CRA and BLK 77:
(1) BLK 77 commenced construction of the Public Parking Facility within ninety
(90) days of issuance of the building permit for the Public Parking Facility.
(2) BLK 77 has continuously and diligently pursued the construction of the Public
Parking Facility.
Page 2 of 25
(3) The Public Parking Facility has been completed to the full and complete
satisfaction of the City and the CRA (subject to the Punch List) and a Certificate
of Occupancy has been issued by the City for the Public Parking Facility.
(4) The items on the Punch List do not materially preclude or interefere with the use
of the Public Parking Facility by the City.
(5) On the date hereof, BLK 77 has conveyed the Public Parking Facility to City.
(6) William E. Morris, Jr. has delivered to the City that certain Guaranty Agreement
in lieu of the Maintenance Bond, which Guaranty Agreement is in form and
substance acceptable to City and CRA;
(7) On the date hereof, BLK 77 has delivered a marked up title commitment to City
which commits the title company to issue a title policy to City for a portion of Lot
19 and Lots 20, 21 and 22, Block 69 as being conveyed to City (i) subject only to
those permitted exceptions acceptable by City (or as set forth on Exhibit G of that
certain Recognition Agreement dated May 25, 2006 by and between BLK 77,
City, CRA and AmSouth Bank), and (ii) containing a contiguity endorsement.
(8) BLK 77 has complied with all duties and obligations that were to be fulfilled by
BLK77 prior to the date hereof and there is no default, event of default or breach
of any of the Relevant Documents and no facts or circumstances are known to
BLK 77, City or the CRA that, with the passage of time or giving of notice, or
both, will or could constitute a default, event of default or breach under the
Relevant Documents as of the date of this Memorandum.
WHEREAS, BLK 77, CRA and the City wish to affirm the fulfillment of the
Convenyance Conditions and the remaining City/CRA Reserved Rights and remaining
Continuing Obligations.
NOW, THEREFORE, for and in consideration of the sum ofTEN ($10.00) DOLLARS
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, BLK 77, the CRA and the City do hereby agree as follows:
1. Incorooration of Recitals. The content ofthe "Background" and "Recitals" set
forth above is hereby incorporated herein in full by this reference.
NOTE:AII the documents by and between or among the City, CRA and BLK 77 which
set forth anyone (1) or more of the Continuing Obligations incuding without
limitation, the CRA Deed, Recognition Agreement, Declaration, Bond
Memorandum, Parking Easement and Parking Facility Memorandum are herein
collectively referred to as the "Relevant Documents."
NOTE:AlI defined terms herein not defined herein shall have the meanings ascribed
thereto in the Relevant Documents.
Page 3 of 25
2. Definitions. Unless otherwise expressly provided or the context otherwise
requires. the following terms used in this Memorandum shall have the following meanings:
(a) "Block 77" means the real property known as Block 77, map of the Town
of Linton (now Delray Beach), Florida according to the plat thereof as recorded in Plat
Book 1. Page 3 of the Public Records of Palm Beach County, Florida.
(b) "Building Department" shall mean the City's Building Department.
. (c) "City" shall mean City of Delray Beach. Florida, a Florida municipal
corporation.
(d) "CRA" shall mean the Community Redevelopment Agency of the City of
Delray Beach, Florida.
(e) "Guaranty Agreement" shall mean that ceratin Guaranty Agreement
dated dated of even date herewith. which is in form and substance acceptable to City and
CRA and which is provided to City in lieu of the Maintenance Bond required by Section
6 of the Parking Facility Agreement. the form of which was approved by City and CRA
and is attached as Exhibit G to the Recognition Agreement. City and CRA hereby accept
the Guaranty Agreement as full and complete satisfaction of BLK 77's obligation to
provide the Maintenance Bond and hereby waive any and all rights to require BLK 77 to
provide the Maintenance Bond
(f) "Public Parking Facility Deed" refers to the statutory warranty deed by
BLK 77 dated of even date herewith conveying to City marketable fee simple title to (i)
the Public Parking Facility; (ii) a portion of Lot 19. Block 69 (to wit: the North 3.5"
inches thereof); and (iii) the unity oftitle to be recorded by BLK 77 pertaining to both the
aforesaid portion of Lot 19 and Lots 20, 21 and 22. Block 69. Said deed and unity oftitle
shall be delivered to City simultaneously with the execution of this Memorandum.
(g) "Maintenance Bond" shall mean that certain bond by BLK 77 to City for
the Punch List and for the maintenance of the Public Parking Facility for a period of one
(1) year from the date of the Public Parking Facility Deed or. in lieu thereof, such
alternative documentation that City shall have deemed acceptable.
(h) "Performance Bond" shall mean the payment and performance bonds for
the Project as defined in and required by the Bond Memorandum.
(i)
Project.
"Permit" shall refer to the building permit issued by the City for the
G) "Punch List" shall refer to that list of items attached hereto as Exhibit C
for which BLK 77 shall completed to the reasonable satisfaction of City within ninety
(90) days of the Effective Date hereof.
Page 4 of25
(k) "Project" shall refer to the development of the Property owned in fee
simple by BLK 77 located on Block 77, as said above-referenced parcels shall be
improved by the construction of residential condominium units, retail condominium
units, and a private parking garage known as "Worthing Place".
(I) "Property" shall mean that real property as referenced on Exhibit A
hereto and incorporated herein.
(m) "Public Parking Facility" means the facility to house parking spaces and
ancillary improvements which has been constructed by BLK 77 on, as well as the
underlying portion of, a portion of Lot 19 and Lots 20, 21 and 22 of Block 69 according
to the plat thereof recorded in Plat Book 2, Page 43 of the Public Records of Palm Beach
County, Florida.
3. Continuine: Oblie:ations. The parties hereto agree and acknowledge that, as
of the Effective Date, the following constitute the only remaining Continuing Obligations of
BLK 77:
(a) The delivery of the Perfomance Bond by BLK 77 and the acceptance of
the Performance Bond by the City and the CRA. Upon acceptance of the Performance
Bond by the City and the CRA, Block 77 may commence hard construction on the
Project and the CRA shall execute and deliver the Termination of the Bond
Memorandum in substantially the form attached hereto as Exhibit B.
(b) The submission by BLK 77 to the Building Department of an application
for the issuance of the Permit for the construction of the Project on Block 77 on or before
Monday, July 2,2007.
(c) The commencement by BLK 77 of the construction of the Project within
one hundred eighty (180) days following the later of (a) the issuance of the Permit or (b)
the Effective Date hereof.
Pursuant to Section 6.C. of the Declaration, upon the satisfaction, fulfillment or waiver,
as the case may be, of all of the three (3) Continuing Obligations as set forth in this Section 3, the
CRA shall deliver to BLK 77 the Termination of Declaration of Continuing Obligations and
Reservation of Rights in substantially the form attached hereto as Exhibit D.
4. Remainine: Citv/CRA Reserved Rie:hts. For avoidance of doubt, BLK 77,
CRA, and City agree that, notwithstanding anything apparently to the contrary in any of the
Relevant Documents, the following constitute the only remaining City/CRA Reserved Rights as
ofthe Effective Date:
(a) CRA's right of repurchase as set forth in Section 4.A. of the Declaration.
Page 5 of 25
(b) CRA's right to approve the architectural design and site plan of the Project as set
forth in Section 4.B. of the Declaration.
Notwithstanding the foregoing, the CRA hereby approves the architectural design
and site plan set forth in those certain Development Plans for Worthing Place as
certified by the City on January -' 2007, however the CRA reserves the right
to approve any material modifications or changes to said plans.
(c) CRA's right of first refusal to purchase the Project as set forth in Section 5. of the
Declaration.
5. Terminated City/CRA Reserved Ri2hts. The parties acknowledge and agree
that, as of the Effective Date, the following rights of the City and/or the CRA are terminated and
hereby rendered null, void and of no further force or effect:
(a) any and all rights of repurchase, reconveyance or reverter held by the City,
including but not limited to the City Additional Rights, over all or any portion of the
Project. Simultaneously with this Memorandum, the City shall execute and deliver the
Termination of the Parking Facility Memorandum in substantially the form attached
hereto as Exhibit E; and
(b) any and all parking easements held by City and/or the CRA, including but
not limited to the Parking Easement, with respect to any portion of Block 77 or Lot 19 of
Block 69 owned by BLK 77. Simultaneously with this Memorandum, the City shall
execute and deliver the Termination of Easement in substantially the form attached hereto
as Exhibit F. Notwithstanding the foregoing, BLK 77 and City acknowledge the
existence of that certain Limited Parking License Agreement dated of even date herewith.
6. Release of BLK 77, City and CRA hereby release, remise and requite BLK 77
from any and all costs, expenses and obligations relating to or arising out of the Public Parking
Facility excluding (i) any and all warranties of title and representations concerning marketability
of title with respect to all conveyances of real property made by BLK 77 to City; (ii) any
agreement executed by BLK 77 which is required or contemplated by this Memorandum and
which is intended to have prospective effect; (Hi) items referred to on the Punch List; and (iv)
BLK 77's warranty obligations relating to the Public Parking Facility.
7. Payment of eRA Attornevs' Fees, BLK 77 shall pay the CRA's reasonable
attorneys' fees owed to Goren, Cherof, Doody & Ezrol, P.A. as incurred solely due to the
conveyance of the Public Parking Facility to the City, the negotiation and preparation of this
Memorandum, the First Amendment to the Declaration of Continuing Obligations and
Reservation of Rights, and associated documents within thirty (30) days from receipt of an
invoice from the CRA setting forth such attorneys' fees.
Page 6 of 25
8. Payment of City Attornevs' Fees, BLK 77 shall pay the City's reasonable
attorneys' fees up to five thousand dollars ($5,000.00) owed to Steven Rubin, Esq. as incurred
solely due to the conveyance of the Public Parking Facility to the City"u!he _J.:1_~l!.t?~J~tA<?n__l!-!~~u_--"'{ Deleted:
preparation of this Memorandum. the First Amendment to the Declaration of Continuing
Obligations and Reservation of Rights. and associated documen1s within thirty (30) days from
receipt of an invoice from the City setting forth such attorneys' fees.
[SIGNATURES BEGIN ON FOLLOWING PAGE]
Page 7 of 25
IN WITNESS WHEREOF the City, the CRA and BLK 77 have caused these presents to
be executed by their respective duly authorized officers as of the day and year first written
above.
WITNESSES:
DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Print Name:
Name:
Title:
Print Name:
CITY OF DELRA Y BEACH, FLORIDA
a Florida municipal corporation
By:
Print Name:
Name:
Title:
Print Name:
BLOCK 77 DEVELOPMENT GROUP, LC,
a Florida limited liability company
By:
Print Name:
William E. Morris, Manager
Print Name:
rNOT ARY ACKNOWLEDGEMENTS ON FOLLOWING PAGEl
Page 8 of 25
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of ,
2007 by on behalf of DELRA Y BEACH
COMMUNITY REDEVELOPMENT AGENCY, [ ] who is personally known to me or [
who has produced a drivers license or as identification.
Notary Public
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of ,
2007 by on behalf of the CITY OF DELRA Y
BEACH, FLORIDA, a Florida municipal corporation [ ] who is personally known to me or [ ]
who has produced a drivers license or as identification.
Notary Public
STATE OF FLORIDA)
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this day of
, 2007, by William E. Morris as Manager of BLOCK 77
DEVELOPMENT GROUP, LC, [ ] who is personally known to me or [ ] who has produced a
drivers license or as identification.
Notary Public .
Page 9 of 25
EXIDBIT A
Legal Description
All of Lots 7, 8, 9, 10, 13, 14, 15 and 16, the South 59.84 feet of Lots 4, 5 and 6 and the North 50.5 feet of
Lot II, Block 77, Map of the Town of Linton (now Delray Beach), according to the map or plat thereof as
recorded in Plat Book I, Page 3, Public Records of Palm Beach County, Florida.
Page 10 of25
EXHIBIT A-I
CITY /CRA LANDS
PARCEL S:
All of Lot 14 and the North 65.2 feet of Lot 15, Block 77, TOWN OF LINTON (now Delray
Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm
Beach County, Florida.
PARCEL U:
The South 59.84 feet Lots 4, 5, and 6, Block 77, TOWN OF LINTON (now Delray Beach),
according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach
County, Florida.
PARCEL W:
Lot 13 less the North 16.00 feet thereof, Block 77, TOWN OF LINTON (now Delray Beach),
according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach
County, Florida.
PARCEL Y:
Lot 7 less the North 16.00 feet thereof, Block 77, TOWN OF LINTON (now Delray Beach),
according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach
County, Florida.
Page 11 of 25
EXHIBIT B
Form of Termination of Bond Memorandum
This Instrument Prepared by and Return to:
Bert R. Oliver, Esquire
Bert R. Oliver, P.A.
2060 N. W. Boca Raton Boulevard, Suite 6
Boca Raton, Florida 33431
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE TIDS LINE FOR PROCESSING DATA
TERMINA nON OF MEMORANDUM OF AGREEMENT
THIS TERMINA nON OF MEMORANDUM OF AGREEMENT (this "Termination")
dated this _ day of , 20-, is made by and between the CITY OF DELRA Y
BEACH COMMUNITY REDEVELOPMENT AGENCY, whose address is 24 North Swinton
Avenue, Delray Beach, Florida 33444 their successors and assigns (collectively "Seller"), and
BLOCK 77 DEVELOPMENT GROUP, L.C., a Florida limited liability company whose address
is 900 E. Atlantic Avenue, Suite 13, Delray Beach, Florida 33483, their successors and assigns
("Buyer").
WHEREAS, Seller and Buyer entered into that certain Memorandum of Agreement dated
May 24, 2006, and recorded on June 1, 2006 in Official Records Book 20414, Page 504, of the
Public Records of Palm Beach County, Florida (the "Memorandum") regarding the property
legally described as follows:
See Exhibit A attached hereto.
Seller and Buyer hereby acknowledge that the Memorandum is terminated and rendered
null and void and of no further force and effect as of the date hereof.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
Page 12 of25
IN WITNESS WHEREOF, the Seller and Buyer have executed this Termination as of the
day and year first above written.
WITNESSES:
CITY OF DELRA Y BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Print Name:
Name:
Title:
Print Name:
BLOCK 77 DEVELOPMENT GROUP, L,C.,
a Florida limited liability company
By:
Print Name:
Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
2007 by on behalf of DELRA Y BEACH
COMMUNITY REDEVELOPMENT AGENCY, [ ] who is personally known to me or [
who has produced a drivers license or as identification.
Notary Public
STATE OF FLORIDA)
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this day of
, 2007, by William E. Morris as Manager of BLOCK 77
DEVELOPMENT GROUP, LC, [ ] who is personally known to me or [ ] who has produced a
drivers license or as identification.
Notary Public
Page 13 of25
Exhibit A to Termination
Legal Description
Parcel 5
Part A
All of Lot 14 and the North 65.2 feet of Lot 15, Block 77, Map of the Town of Linton, Florida (now
Delray Beach), according to the map or plat thereof as recorded in Plat Book 1, Page 3, Public
Records of Palm Beach County, Florida.
Folio Number 12 43 46 1601 0770140
Part B
That part of the East 8 feet of that certain 16 foot wide alley lying West of and adjacent to Lot 14
and the North 65.2 feet of Lot 15, Block 77, Map of the Town of Linton, Florida (now Delray
Beach), as recorded in Plat Book 1, Page 3, bounded as follows: on the North by the Westerly
extension of the North line of said Lot 14; on the West by the centerline of the 16 foot alley lying
west of and adjacent to said subject property; on the South by the Westerly extension of the South
line of the North 65.2 feet of said Lot 15; on the East by the West lines of said Lot 14 and the North
65.2 feet of said Lot 15.
Parcel 6
Part A
The South 59.84 feet of Lots 4, 5 and 6, Block 77 and all of Lots 7 and 13, Block 77, Map of the
Town of Linton (now Delray Beach), according to the map or plat thereof as recorded in Plat Book
1, Page 3, Public Records of Palm Beach County, Florida.
Folio Number 124346 1601 0770400
Part B
That part of the 16 foot alley lying South of and adjacent to Lots 4,5 and 6, Block 77, Map of the
Town of Linton (now Delray Beach), as recorded in Plat Book 1, Page 3, Public Records of Palm
Beach County, Florida, bounded as follows: on the North by the South line of said Lots 4, 5 and 6,
Block 77; on the West by the Southerly extension of the West line of said Lot 4, Block 77; on the
South by the North line of Lot 13, Block 77 and its Westerly extension, Map of the Town of Linton
(now Delray Beach), as recorded in Plat Book 1, Page 3 and on the East by the Southerly extension
of said Lot 6, Block 77.
Part C
That part of the 16 foot alley lying West of and adjacent to Lot 13, Block 77, Map of the Town of
Linton (now Delray Beach), as recorded in Plat Book 1, Page 3, Public Records of Palm Beach
County, Florida, bounded as follows: on the East by the West line of said Lot 13, Block 77; on the
North by the Westerly extension of the North line of said Lot 13, Block 77, on the South by the
Westerly extension of the South line of said Lot 13, Block 77, and on the West by the East line of
Page 14 of25
Lot 7, Block 77, Map of the Town of Linton (now Delray Beach), as recorded in Plat Book 1, Page
3, Public Records ofPaIm Beach County, Florida.
Page 15 of25
EXHmlT C
Punch List
Page 16 of25
EXHIBIT D
Form of Termination of Declaration
This Instrument Prepared by and Return to:
Bert R. Oliver, Esquire
Bert R. Oliver, P.A.
2060 N.W. Boca Raton Boulevard, Suite 6
Boca Raton, Florida 33431
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR PROCESSING DATA
TERMINATION OF
DECLARATION OF CONTINUING OBLIGATIONS
AND RESERVATION OF RIGHTS
THIS TERMINATION OF DECLARATION OF CONTINUING OBLIGATIONS AND
RESERVATION OF RIGHTS (this "Termination") dated this _ day of ,2007,
is made by and between the CITY OF DELRA Y BEACH COMMUNITY REDEVELOPMENT
AGENCY, whose address is 24 North Swinton Avenue, Delray Beach, Florida 33444 their
successors and assigns (collectively "Seller"), and BLOCK 77 DEVELOPMENT GROUP, Le.,
a Florida limited liability company whose address is 900 E. Atlantic Avenue, Suite 13, Delray
Beach, Florida 33483, their successors and assigns ("Buyer").
WHEREAS, Seller and Buyer entered into that certain Declaration of Continuing
Obligations and Reservation of Rights dated May 24, 2006, and recorded on June I, 2006 in
Official Records Book 20414, Page 492, of the Public Records of Palm Beach County, Florida
(the "Declaration") regarding the property legally described as follows:
See Exhibit A attached hereto.
Seller and Buyer hereby acknowledge that the Declaration is terminated and rendered
null and void and of no further force and effect as ofthe date hereof.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
Page 17 of25
IN WITNESS WHEREOF, the Seller and Buyer have executed this Termination as of the
day and year first above written.
WITNESSES:
CITY OF DELRA Y BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Print Name:
Name:
Title:
Print Name:
BLOCK 77 DEVELOPMENT GROUP, L.C"
a Florida limited liability company
By:
Print Name:
Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
2007 by on behalf of DELRA Y BEACH
COMMUNITY REDEVELOPMENT AGENCY, [ ] who is personally known to me or [
who has produced a drivers license or as identification.
Notary Public
STATE OF FLORIDA)
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this day of
, 2007, by William E. Morris as Manager of BLOCK 77
DEVELOPMENT GROUP, LC, [ ] who is personally known to me or [ ] who has produced a
drivers license or as identification.
Notary Public
Page 18 of25
Exhibit A to Termination ofDec1aration
Legal Description
All of Lot 14 and the North 65.2 feet of Lot 15, Block 77, TOWN OF LINTON, FLORIDA (now Delray
Beach) (now Delray Beach), according to the map or plat thereof as recorded in Plat Book 1, Page 3,
Public Records of Palm Beach County, Florida. (Parcel S)
The South 59,84 feet of Lots 4,5 and 6, Block 77, TOWN OF LINTON (now Delray Beach), according
to the map or plat thereof as recorded in Plat Book I, Page 3, Public Records of Palm Beach County,
Florida (Parcel U)
Lot 13 Block 77, TOWN OF LINTON (now Delray Beach), according to the map or plat thereof as
recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. (Parcel W)
Lot 7 Block 77, TOWN OF LINTON (now Delray Beach), according to the map or plat thereof as
recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. (Parcel Y)
Page 19 of25
EXHIBIT E
Form of Termination of Parking Facility Memorandum
This Instrument Prepared by and Return to:
Bert R. Oliver, Esquire
Bert R. Oliver, P.A.
2060 N,W. Boca Raton Boulevard, Suite 6
Boca Raton, Florida 33431
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR PROCESSING DATA
TERMINATION OF MEMORANDUM OF AGREEMENT
THIS TERMINATION OF MEMORANDUM OF AGREEMENT (this "Termination")
dated this _ day of , 2007, is made by and between the CITY OF DELRA Y
BEACH, FLORIDA, a Florida municipal corporation, whose address is 100 N.W. 1st Avenue,
Delray Beach, Florida 33444, their successors and assigns (collectively "City"), and BLOCK 77
DEVELOPMENT GROUP, L.C., a Florida limited liability company whose address is 900 E.
Atlantic Avenue, Suite 13, Delray Beach, Florida 33483, their successors and assigns ("Buyer")
and the.
WHEREAS, City and Buyer entered into that certain Memorandum of Agreement dated
May 26, 2006, and recorded on June 1, 2006 in Official Records Book 20414, Page 0514, of the
Public Records of Palm Beach County, Florida (the "Memorandum") regarding the property
legally described as follows:
See Exhibit A attached hereto.
City and Buyer hereby acknowledge that the Memorandum is terminated and rendered
null and void and of no further force and effect as of the date hereof.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
Page 20 of25
IN WITNESS WHEREOF, the City and Buyer have executed this Termination as of the
day and year first above written.
WITNESSES:
CITY OF DELRA Y BEACH, FLORIDA
a Florida municipal corporation
By:
Print Name:
Name:
Title:
Print Name:
BLOCK 77 DEVELOPMENT GROUP, L.c.,
a Florida limited liability company
By:
Print Name:
Name:
Title:
Print Name:
STATE OF FLORIDA)
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this day of
, 2007, by William E. Morris as Manager of BLOCK 77
DEVELOPMENT GROUP, LC, [ ] who is personally known to me or [ ] who has produced a
drivers license or as identification.
Notary Public
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of ,
2007 by on behalf of the CITY OF DELRA Y
BEACH, FLORIDA, a Florida municipal corporation [ ] who is personally known to me or [ ]
who has produced a drivers license or as identification.
Notary Public
Page 21 of25
Exhibit A to Termination
Legal Description
PARCEL S:
All of Lot 14 and the North 65.2 feet of Lot 15, Block 77, TOWN OF LINTON (now Delray
Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm
Beach County, Florida.
PARCEL U: .
The South 59.84 feet Lots 4, 5, and 6, Block 77, TOWN OF LINTON (now Delray Beach),
according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach
County, Florida.
PARCEL W:
Lot 13 Block 77, TOWN OF LINTON (now Delray Beach), according to the Plat thereof as
recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida.
PARCEL Y:
Lot 7 Block 77, TOWN OF LINTON (now Delray Beach), according to the Plat thereof as
recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida,
Page 22 of25
EXHIBIT F
Form of Termination of Temporary Exclusive Parking and Access Easement
This Instrument Prepared by and Return to:
Bert R. Oliver, Esquire
Bert R, Oliver, P.A.
2060 N,W. Boca Raton Boulevard, Suite 6
Boca Raton, Florida 33431
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR PROCESSING DATA
TERMINATION OF
TEMPORARY EXCLUSIVE PARKING AND ACCESS EASEMENT
THIS TERMINATION OF TEMPORARY EXCLUSIVE PARKING AND ACCESS
EASEMENT (this "Termination") dated this _ day of ,2007, is made by and
between the CITY OF DELRAY BEACH, FLORIDA whose address is 100 N.W. 1st Avenue,
Delray Beach, Florida 33444, Delray Beach, Florida 33444 their successors and assigns
(collectively "City"), and BLOCK 77 DEVELOPMENT GROUP, L.C., a Florida limited
liability company whose address is 900 E. Atlantic Avenue, Suite 13, Delray Beach, Florida
33483, their successors and assigns ("Buyer").
WHEREAS, City and Buyer entered into that certain Temporary Exclusive Parking and
Access Easement dated May 23, 2006, and recorded on June 1,2006 in Official Records Book
20414, Page 528, of the Public Records of Palm Beach County, Florida (the "Easement")
regarding the property legally described as follows:
See Exhibit A attached hereto.
City and Buyer hereby acknowledge that the Easement is terminated and rendered null
and void and of no further force and effect as of the date hereof.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
Page 23 of25
IN WITNESS WHEREOF, the City and Buyer have executed this Termination as of the
day and year first above written.
WITNESSES:
CITY OF DELRA Y BEACH, FLORIDA
a Florida municipal corporation
By:
Print Name:
Name:
Title:
Print Name:
BLOCK 77 DEVELOPMENT GROUP, L.C"
a Florida limited liability company
By:
Print Name:
Name:
Title:
Print Name:
STATE OF FLORIDA)
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this day of
, 2007, by William E. Morris as Manager of BLOCK 77
DEVELOPMENT GROUP, LC, [ ] who is personally known to me or [ ] who has produced a
drivers license or as identification.
Notary Public
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of ,
2007 by on behalf of the CITY OF DELRA Y
BEACH, FLORIDA, a Florida municipal corporation [ ] who is personally known to me or [ ]
who has produced a drivers license or as identification.
Notary Public
Page 24 of 25
Exhibit A to Termination of Easement
Legal Description
The South 59.84 feet Lots 4, 5, and 6, Block 77, TOWN OF LINTON (now Delray
Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records
of Palm Beach County, Florida.
(alk/a Parcel U)
Lot 7 Block 77, TOWN OF LINTON (now Delray Beach), according to the Plat thereof
as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida.
(alk/a Parcels X andY)
Lot 13 Block 77, TOWN OF LINTON (now Delray Beach), according to the Plat thereof
as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida.
(alk/a ParcelV & W)
That part of the 16 foot alley lying South of and adjacent to Lots 4,5 and 6, Block 77, Map of the
Town of Linton (now Delray Beach), as recorded in Plat Book I, Page 3, Public Records of Palm
Beach County, Florida, bounded as follows: on the North by the South line of said Lots 4, 5 and
6, Block 77; on the West by the Southerly extension of the West line of said Lot 4, Block 77; on
the South by the North line of Lot 13, Block 77 and its Westerly extension, Map of the Town of .
Linton (now Delray Beach), as recorded in Plat Book 1, Page 3 and on the East by the Southerly
extension of said Lot 6, Block 77.
AND
That part of the 16 foot alley lying east of and adjacent to Lots 7,8,9, 10, and North 50.5 feet of
Lot II, Block 77, Map of the Town of Linton (now Delray Beach), as recorded in Plat Book 1,
Page 3, Public Records of Palm Beach County, Florida, bounded as follows: on the West by the
East line of said Lots 7, 8, 9, 10, and North 50.5 feet of Lot II, Block 77; on the South by the
Easterly extension of the South line of the North 50.5 feet of said Lot II, Block 77; on the East
by the West line of Lots 13, 14, 15, 16 and the North 50.5 feet of Lot 17, Block 77; and on the
North by the Westerly extension of the North line of said Lot 13.
Page 25 of25
..
This Instrument Prepared by and Return to:
Bert R. Oliver, Esq,
Bert R. Oliver, P.A.
2060 NW Boca Raton Boulevard I Suite 6
Boca Raton, FL 33431
FIRST AMENDMENT TO
DECLARATION OF CONTINUING OBLIGATIONS AND
RESERVATION OF RIGHTS
This FIRST AMENDMENT TO DECLARATION OF CONTINUING OBLIGATIONS
AND RESERVATION OF RIGHTS (this "First Amendment") is made and entered into as of
_' 2007, by and between BLOCK 77 DEVELOPMENT GROUP, L.C. a
Florida limited liability company, with offices at c/o Southcoast Partners, Inc" 900 E, Atlantic
Avenue, Suite 13, Delray Beach, FL 33483 ("BLK 77") and DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY having offices at 20 N. Swinton Avenue,
Delray Beach, Florida 33444 ("CRA").
RECITALS:
WHEREAS, Seller and Buyer entered into that certain Declaration of Continuing
Obligations and Reservation of Rights dated May 24, 2006, and recorded on June 1, 2006 in
Official Records Book 20414, Page 492, of the Public Records of Palm Beach County, Florida
(the "Declaration"); and
WHEREAS, the parties have agreed to modify and amend certain of the terms and
conditions of the Declaration as set forth herein.
NOW, TIIEREFORE, in consideration ofTen Dollars ($10,00) and other good and valuable
considerations, the receipt of which is. hereby acknowledged by each party from the other, the
parties hereto agree as follows:
A. Recitals. The foregoing recitals are true and correct and are incorporated herein by
reference.
B, Capitalized Terms, Capitalized terms not defined herein shall have the meanings
ascribed to them in the Declaration.
C. Section 2.M. Proiect. Section 2.M. of the Declaration is deleted in its entirety and
replaced with the following:
M, "Projecf' shall refer to the development of the Land and City Lands being
acquired by BLK 77 from the eRA pursuant to the Contract, and those other
parcels of property owned in fee simple by BLK 77 located on Block 77, as said
above-referenced' parcels shall be improved by the constructions of residential
apartment units, retail and commercial spaces and the private parking garage,
D. Section 3.C. Continuine: Oblie:ations. Section 3.C, of the Declaration is deleted
in its entirety and replaced with. the following:
C. Submit an application for the issuance of the Pewt for the construction of
the Project on Block 77 before Monday, July 2,2007;
E. Conflict, In the event of any conflict between the provisions of the Declaration and
the provisions of this First Amendment, the provisions of this First Amendment shall control.
F. No Further ModificationslRatification. Except, and to the extent, specifically
modified and amended hereby, all of the terms and conditions of the Declaration are and shall
remain in full force and effect and are hereby reinstated, ratified and corifumed by the parties
hereto,
G, Counterparts, To facilitate execution, this First Amendment may be executed in
as many counterparts as may be convenient or required. All counterparts shall collectively
constitute a single instrument. It shall not be necessary in making proof of this First Amendment
to produce or account for more than a single counterpart containing the respective signatures of,
or on behalf of, and the respective acknowledgments of, each of the parties hereto. Any--
signature or- acknowledgment page to any counterpart may be detached from such _ counterpart
without impairing the legal effect of the signatures or acknowledgments thereon and thereafter
attached to another counterpart identical thereto except having attached to it additional signature
or acknowledgment pages. Facsimile copies of this First Amendment and the signatures thereon
shall have the same force and effect as if the same were original.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
20f4
. '
IN WITNESS WHEREOF. the parties have executed this First Amendment to be effective
as of the date first written above.
Signed. sealed and delivered
in our presence:
~rn~~
Pro Name: .:::T'iA...J //1, oa/\..fn t..c..4
~~~~V\k
Printed Name: . C. 0 LoN N A-
STATE OF FLORIDA
COUNTY OF PALM BEACH
DELRAYBEACHCO~TY
z]7Z
Title: CH~1t /kNM
The foregoing instrument was acknowledged before me this .;) s'H-day of Cf!WL1' 2007
by cf/L/.IrT"vk WI1'f/J-"'. Cl1fJ11l. R'YJ4N on behalf of DELRAY EACH
COMMUNITY REDEVELOPMENT AGENCY. [ ] who is personally known to me or [ ]
who has produced a drivers license or as identification.
~Y]1~
N Public
.p~'~ JEAN MOOREFIELD
." V MY COMMISSION" 00443456
"'~D' ",(I EXPIRES: June 22, 2009
(407) 3ll1I-0151 Aortda Nol8l)' S.....ce.llClIIl
30f4
BLOCK 77 DEVELOPMENT GROUP, LC,
a Florida limited liability company
By: tP~~1 ~
William E, Morris, Manager
Prin~o~~(
STATE OF FLORIDA)
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this ..so f11 day of
J/trI u-~ ' 2007, by William E. Morris as Manager of BLOCK 77
DEVELOPMENT GROUP, LC, [vr who is personally known to me or [ ] who has produced a
drivers license or as identification.
t!#<h n, =4~
No Public
~\' 'l4P,
., ,.."tt JEAN MOOREFlELD
~~, MY COMMISSION" 00443456
~Of ~\i EXPIRES: June 22, 2llO9
(407) aee.oll53 Aorida NoIIIy s.mc..eom
40f4
GUARANTY AGREEMENT
This Guaranty Agreement (this "Guaranty") is made as of the _ day of
2007 ("Effective Date"), by William E. Morris, Jr., an adult resident of the State of Florida
("Guarantor"), in favor of the City of Delray Beach, a Florida Municipal corporation ("City").
PRELIMINARY STATEMENTS
WHEREAS, Block 77 Development Group, L.C. ("BLK77") and City are parties to that
certain Public Parking Facility Construction and Conveyance and Worthing Park Contribution
Agreement dated November -' 1999 (the "Parking Facility Agreemenf');
WHEREAS, pursuant to the terms of the Parking Facility Agreement, BLK77 has constructed
and has, on the Effective Date, conveyed to City a public parking facility on Lots 20, 21 and 22 of
Block 69 as well as a portion of Lot 19, Block 69 (to wit: the North 3.5" inches thereot) (the
"Parking Facility");
WHEREAS, pursuant to Section 6 of the Parking Facility Agreement, BLK77 was required,
in connection with said conveyance, to deliver to City a maintenance bond in form and substance
acceptable to City (the "Maintenance Bond");
WHEREAS, BLK77, City, the DeIray Beach Community Redevelopment Agency and
AmSouth Bank, an Alabama state chartered bank, are parties to that certain Recognition Agreement
dated May 25, 2006, as recorded in Official Records Book 20414, Page 0514, of the Public Records
of Palm Beach County, Florida (the "Recognition Agreement");
WHEREAS, City and CRA approved the form of Maintenance Bond attached as Exhibit G to
the Recognition Agreement;
WHEREAS, BLK77 and Guarantor have proposed to the City that, in lieu of the Maintenance
Bond, Guarantor personally guarantee the obligations of BLK77 under the Parking Facility
Agreement;
WHEREAS, City has agreed to accept such proposal subject to and upon certain terms and
conditions as set forth herein; and
WHEREAS, for purposes of clarification, by acceptance hereof, the City agrees and
aclmowledges that this Guaranty shall satisfy any obligations ofBLK77 to provide to City any form
of bond for the Parking Facility under the Parking Facility Agreement.
NOW, TIffiREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby aclmowledged, Guarantor hereby guarantees to City and its successors, and/or
assigns, the prompt and full payment and performance of the obligations described below in this
Guaranty (collectively called the "Guaranteed Obligations"), this Guaranty being made upon the
following terms and conditions:
STATEMENT OF AGREEMENTS
1.
reference.
Recitals. The foregoing recitals are true and correct and are incorporated herein by
2. Definitions. All capitalized terms not otherwise defined herein shall have the
meanings ascribed to them in the Parking Facility Agreement and/or Recognition Agreement.
3. Termination of Prior Guarantv. Acceptance of this Guaranty by City shall not
work a,terIIlinatioJl~ I:elease. ornovatiorI ofthllt certain (Juaranty Agre~ment dated M.llY ~~, ~QQ{),by
William E. Morris, Jr. in favor of City as of the Effective Date. or a release of any claim or liability
that arose prior to the Effective Date. except to the extent that Blk 77 has been or is released bX the
City from any orthe Guaranteed Documents Obligations as set [0I1h in any other written agreement
between Blk 77 and the Cit\~ _ ___ ___
4. De Novo Guarantv ofPavment and Performance. Guarantor hereby, as of and after
the Effective Date, unconditionally and irrevocably guarantees to City and its respective successors,
and assigns that BLK77 shall. for a period of one (1) year from the issuance by the City of a
Certificate of Occupancy for the Parking Facility, timely complete and correct all "punch-lisf' items
and timely and faithfully fulfill all warranties and guaranties with respect to the Parking Facility all
as set forth in the Parking Facility Agreement and the approved form of the Maintenance Bond
which is attached to the Recognition Agreement as Exhibit "G" (the "Maintenance Obligations").
If anyone (1) or more Maintenance Obligations is/are not complied with, in any respect
whatsoever, and without the necessity of any notice from City to Guarantor, Guarantor agrees to (i)
assume all responsibility for the timely completion of the Maintenance Obligations; (ii) pay all bills
in connection with the construction of the Parking Facility including any Maintenance Obligations;
and (iii) indemnify and hold City harmless from any and all loss, cost, liability or expense that City
may suffer by reason of any such non-compliance by BLK77 and/or Guarantor with respect to the
Maintenance Obligations. If after the occurrence of an BLK77 Default with respect to any of the
Maintenance Obligations, and after the expiration of any applicable notice and cure periods, if any,
and without limiting City's rights and remedies, if City, in its sole and reasonable discretion, is
dissatisfied with the progress of the completion of the Maintenance Obligations by BLK77 and/or
Guarantor, City may, at its option, without notice to Guarantor or anyone else, complete the
Maintenance Obligations either before or after exercise of any other right or remedy of City against
BLK77 or Guarantor, with such changes or modifications as City reasonably deems necessary and
expend such sums as City, in its sole and reasonable discretion, deems necessary or advisable to
complete the Maintenance Obligations, and Guarantor hereby waives any right to contest any such
expenditures by City. The amount of any and all expenditures made by City for the foregoing
purposes shall bear interest from the date made until repaid to City, at a rate per annwn equal to
eighteen percent (18%) and, together with such interest, shall be due and payable by Guarantor to
2
( Deleted: n automatic
( Deleted: .
City within ten (10) days of receipt of written demand therefor. City does not have and shall never
have any obligation to complete the Maintenance Obligations or take any such action with respect
thereto.
5. Prima", Liability of Guarantor.
(a) This Guaranty is an absolute, irrevocable and unconditional guaranty of
payment and performance. Guarantor shall be liable for the payment and performance of the
Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and
Guarantor hereby expressly waives, any and all rights to which Guarantor may otherwise have been
entitled under any suretyship laws in effect from time to time, including any right or privilege,
whether existing under statute, at law or in equity, to require City to take prior recourse or
proceedings against any BLK77.
(b) Guarantor hereby agrees that in the event of (i) default by BLK77 in payment
or performance of the Guaranteed Obligations, or any part thereof, when such indebtedness or
performance becomes due, beyond any applicable grace and/or cure period, (ii) other than monetary
obligations, the failure of Guarantor to perform completely and satisfactorily the covenants, terms
and conditions of any of the Guaranteed Obligations, provided, however, that Guarantor shall have:
(1) thirty (30) days from receipt of notice of such default within which to cure any such default in
performance provided Guarantor is diligently and continuously pursuing such cure; (2) such
additional time as may be necessary to cure such default if the cure of such default is not capable of
being cured within such thirty (30) day period, provided Guarantor is diligently and continuously
pursuing such cure; and (3) in any event, not greater than forty five (45) days to cure any such
default; (iii) the death, incompetency, dissolution or insolvency of Guarantor; (iv) the inability of
Guarantor to pay debts as they mature; (v) an assignment by Guarantor for the benefit of creditors;
(vi) the institution of any proceeding by or against Guarantor in bankruptcy or for a reorganization or
an arrangement with creditors, or for the appointment of a receiver, trustee or custodian for any of
them or for any of their respective properties which is not dismissed within sixty (60) days of the
filing thereof; (vii) the entry ofajudgment (in excess of$25,000) against Guarantor, provided (a) the
City has not received confirmation from Guarantor's insurance company that payment of same is
covered by insurance, or (b) said judgment, if appealable, is not appealed and transferred to bond or
otherwise stayed for execution, or (c) upon the entry of a non-appealable order, said judgment is not
satisfied within thirty (30) days of the date of entry of the non-appealable order, or (d) the issuance of
any attachment, sequestration, or similar writ levied upon any of its property which is not discharged
within a period of thirty (30) days; (viii) a writ or order of attachment, levy or garnishment (in excess
of$25,000) against Guarantor which is not satisfied or bonded within thirty (30) days of the issuance
thereof; or (ix) the falsity in any material respect of, or any material omission in, any representation
made to City by Guarantor (individually and collectively, a "Defaulf'); then upon the occurrence of
such Default, the Guaranteed Obligations, for purposes of this Guaranty, shall be deemed
immediately due and payable at the election of City, and Guarantor shall, on demand and without
presentment, protest, notice of protest, further notice of nonpayment or of dishonor, default or
nonperformance, or notice of acceleration or of intent to accelerate, or any other notice whatsoever,
without any notice having been given to Guarantor previous to such demand of the acceptance by
3
City of this Guaranty, and without any notice having been given to Guarantor previous to such
demand of the creating or incurring of such indebtedness or of such obligation to perform, all such
notices being hereby waived by Guarantor, pay the amount due to or perform or observe the
agreement, covenant, term or condition, as the case may be, and pay all damages and all costs and
expenses that may arise in consequence of such Default (including, without limitation, all reasonable
attorneys' fees and expenses, investigation costs, court costs, and any and all other costs and
expenses incurred by City whether or not suit is filed thereon, or whether in connection with
bankruptcy, insolvency or appeal. It shall not be necessary for City in order to enforce such payment
or performance by Guarantor, first to institute suit or pursue or exhaust any rights or remedies against
BLK77 or others liable on such indebtedness or for such performance, or to enforce any rights
against any security that shall ever have been given to secure such indebtedness or performance, or to
join BLK77 or any others liable for the payment or performance ofthe Guaranteed Obligations or
any part thereof in any action to enforce this Guaranty, or to resort to any other means of obtaining
payment or performance of the Guaranteed Obligations.
(c) Suit may be brought or demand may be made against BLK77 or against any
party who has signed this Guaranty or any other guaranty covering all or any part of the Guaranteed
Obligations, or against anyone or more of them, separately or together, without impairing the rights
of City against any party hereto. Any time that City is entitled to exercise its rights or remedies
hereunder, they may in their discretion elect to demand payment and/or performance. If City elects to
demand performance, they shall at all times thereafter have the right to demand payment until all of
the Guaranteed Obligations have been paid and performed in full. If City elects to demand payment,
they shall at all times thereafter have the right to demand performance until all of the Guaranteed
Obligations have been paid and performed in full.
6, Certain Aereements And Waivers By Guarantor,
(a) Guarantor hereby agrees that neither City's rights or remedies nor Guarantor's
obligations under the terms of this Guaranty shall be released, diminished, impaired, reduced or
affected by anyone or more of the following events, actions, facts or circumstances, and the liability
of Guarantor under this Guaranty shall be absolute and unconditional irrespective of:
1) any limitation of liability or recourse in any other agreement or arising under
any law;
2) any claim or defense that this Guaranty was made without consideration or is
not supported by adequate consideration;
3) the taking or accepting of any other security or guaranty for, or right of
recourse with respect to, any or all of the Guaranteed Obligations;
4) any release, surrender, abandonment, exchange, alteration, sale or other
disposition, subordination, deterioration, waste, failure to protect or preserve,
impairment or loss of, or any failure to create or perfect any lien or security
interest with respect to, or any other dealings with, any collateral or security
at any time existing or purported, believed or expected to exist in connection
4
with any or all of the Guaranteed Obligations, including any impairment of
Guarantor's recourse against any Person or collateral;
5) whether express or by operation oflaw, any partial release of the liability of
Guarantor hereunder, or if one or more other guaranties are now or hereafter
obtained by City covering all or any part of the Guaranteed Obligations, any
complete or partial release of anyone or more of such guarantors under any
such other guaranty, or any complete or partial release ofBLK77 or any other
party liable, directly or indirectly, for the payment or performance of any or
all of the Guaranteed Obligations;
6) the death, insolvency, bankruptcy, disability, dissolution, liquidation,
termination, receivership, reorganization, merger, consolidation, change of
form, structure or BLK77ship, sale of all assets, or lack of corporate,
partnership or other power ofBLK 77 or any other party at any time liable for
the payment or performance of any or all of the Guaranteed Obligations;
7) either with or without notice to or consent of Guarantor: any renewal,
extension, modification, supplement, subordination or rearrangement of the
terms of any or all of the Guaranteed Obligations, including, without
limitation, material alterations of the terms of payment (including changes in
maturity date(s) and interest rate(s)) or performance or any other terms
thereof, or any waiver, termination, or release of, or consent to departure
from, of any or all of the Guaranteed Obligations, or any adjustment,
indulgence, forbearance or compromise that may be granted from time to
time by City to BLK77, Guarantor, and/or any other Person at any time liable
for the payment or performance of any or all of the Guaranteed Obligations;
8) any neglect, lack of diligence, delay, omission, failure or refusal of City to
take or prosecute (or in taking or prosecuting) any action for the collection or
enforcement of any of the Guaranteed Obligations, or to foreclose or take or
prosecute any action to foreclose (or in foreclosing or taking or prosecuting
any action to foreclose) upon any security therefor, or to exercise (or in
exercising) any other right or power with respect to any security therefor, or
to take or prosecute (or in taking or prosecuting) any action in connection
with any Guaranteed Obligations or any failure to sell or otherwise dispose of
in a commercially reasonable manner any collateral securing any or all of the
Guaranteed Obligations;
9) any failure of City to notifY Guarantor of any creation, renewal, extension,
rearrangement, modification, supplement, subordination or assignment of the
Guaranteed Obligations or any part thereof, or of any release of or change in
any security, or of any other action taken or refrained from being taken by
City against BLK77 or any security or other recourse, or of any new
agreement between City and BLK77, it being understood that City shall not
be required to give Guarantor any notice of any kind under any circumstances
with respect to or in colDlection with the Guaranteed Obligations except as
expressly provided herein, any and all rights to notice Guarantor may
otherwise have had which are not required hereunder being hereby waived by
5
or any other person or entity, or the voluntary or involuntary dissolution of
BLK17 or Guarantor, or the failure of City to file or enforce a claim against
the estate (either in administration, bankruptcy or any other proceeding) of
BLK17 or any other person or entity; any defense based on the failure of City
to give notice of the existence, creation or incuning of any new or additional
Guaranteed Obligations or obligation, or of any action or non-action on the
part of any other person whomsoever or the Guaranteed Obligations, in
connection with any obligation hereby guaranteed; any defense based upon an
election of remedies by City which destroys or otherwise impairs any
subrogation rights of Guarantor or the right of Guarantor to proceed against
BLK17 or any other guarantor for reimbursement, or both; any defense based
upon failure of City to commence an action against BLK17; any defense
based upon acceptance of this Guaranty by City;
13) any order, ruling or plan of reorganization emanating from proceedings under
Title 11 of the United States Code with respect to BLK17 or any other
Person, including any extension, reduction, composition or other alteration of
the Guaranteed Obligations, whether or not consented to by City; or
14) any other condition, event, omission or action that would in the absence of
this paragraph result in the release or discharge of the Guarantor from.the
performance or observance of any obligation, covenant or agreement
contained in this Guaranty or any other agreement, other than based upon the
full and indefeasible satisfaction of all Guaranteed Obligations.
(b) In the event any payment or performance by BLK 17, Guarantor or any other
Person to City is held to constitute a preference, fraudulent transfer or other voidable payment under
any bankruptcy, insolvency or similar law, or if for any other reason City is required to refund such
payment or pay the amount thereof to any other party, such payment by BLK77, Guarantor or any
other party to City shall not constitute a release of Guarantor from any liability hereunder, and this
6
---------,-
exercises thereof or by any imperfect exercise thereof and shall not be extinguished by any judgment
entered pursuant thereto. Such authority may be exercised on one or more occasions or from time to
time in the same or different jurisdiction as often as the City shall deem necessary and desirable.
11. Invalidity of Certain Provisions. If any provision of this Guaranty or the application
thereof to any Person or circumstance shall, for any reason and to any extent, be declared to be
invalid or unenforceable, neither the remaining provisions of this Guaranty nor the application of
such provision to any other Person or circumstance shall be affected thereby, and the remaining
provisions of this Guaranty, or the applicability of such provision to other Persons or circumstances,
as applicable, shall remain in effect and be enforceable to the maximum extent permitted by
applicable law.
12. Attornevs' Fees and Costs of Collection. Guarantor shall pay on demand all
reasonable attorneys' fees and all other costs and expenses incurred by City in the enforcement of or
preservation of City rights under this Guaranty, including, without limitation, all reasonable
attorneys' fees and expenses, investigation costs and all court costs, whether or not suit is filed
hereon, or whether at maturity or by acceleration, or whether before or after maturity, or whether in
connection with bankruptcy, insolvency or appeal, or whether in connection with the collection and
enforcement of this Guaranty against any other Guarantor, if there be more than one. Guarantor
agrees to pay interest on any expenses or other sums due to City under this Section 12 that are not
paid when due, at a rate per annum equal to Eighteen Percent (18%). Guarantor's obligations and
liabilities under this Section 12 shall survive any payment or discharge in full of the Guaranteed
Obligations.
13. Payments. All sums payable under this Guaranty shall be paid in lawful money of the
United States of America that at the time of payment is legal tender for the payment of public and
private debts.
14. Renresentations. Warranties and Covenants of Guarantor. Guarantor hereby
represents, warrants, and covenants that (a) Guarantor has a financial interest in BLK77 and will
derive a material and substantial benefit, directly or indirectly, from the construction of the Parking
Facility and from the making of this Guaranty by Guarantor; (b) this Guaranty is duly authorized and
valid, and is binding upon and enforceable against Guarantor; ( c) Guarantor is not, and the execution,
delivery and performance by Guarantor of this Guaranty will not cause Guarantor to be, in violation
of or in default with respect to any law or in default (or at risk of acceleration of indebtedness ) under
any agreement or restriction by which Guarantor is bound or affected; (d) Guarantor is an adult
resident of the State of Florida; (e) Guarantor will indemnify City from any loss, cost or expense as a
result of any representation or warranty of Guarantor being false, incorrect, incomplete or misleading
in any material respect; (t) other than as disclosed to and approved by City, there is no litigation
pending or, to the knowledge of Guarantor, overtly threatened before or by any tribunal against or
affecting Guarantor which would have the effect of materially and adversely affecting the financial
condition of Guarantor; (g) after giving effect to this Guaranty, Guarantor is solvent, is not engaged
or about to engage in business or a transaction for which the property of Guarantor is an
unreasonably small capital, and does not intend to incur or believe that it will incur debts that will be
9
beyond its ability to pay as such debts mature; (h) City has no duty at any time to investigate or
inform Guarantor of the financial or business condition or affairs ofBLK77 or any change therein; (i)
Guarantor acknowledges and agrees that Guarantor may be required to pay and perform the
Guaranteed Obligations in full without assistance or support from BLK77 or any other Person; and
G) Guarantor has read and fully understands the provisions contained in this Guaranty. Guarantor's
representations, warranties and covenants are a material inducement to City to allow BLK77 to
commence construction of the Proiec\and it..shall survive ~e execution hereof an~ any bankrupt9',
foreclosure, transfer of security or other event affecting BLK77, Guarantor, any other party, or any
security for all or any part ofthe Guaranteed Obligations.
15. LiauiditvlNet Worth Covenant. Guarantor shall at all times during the term of this
Guaranty maintain an aggregate tangible net worth of no less than $5,000,000.00. Furthermore,
Guarantor shall maintain unrestricted and unencumbered liquid assets aggregating no less than
$1,000,000.00.
16. Notices. All notices, requests, consents, demands and other communications required
or which any party desires to give hereunder shall be in writing and shall be deemed sufficiently
given or furnished if delivered by personal delivery by nationally recognized overnight courier
service, or by registered or certified United States mail, postage prepaid, addressed to the party to
whom directed at the addresses specified in this Guaranty (unless changed by similar notice in
writing given by the particular party whose address is to be changed) or by telegram, telex, or
facsimile. Any such notice or communication shall be deemed to have been given either at the time
of personal delivery or, in the case of courier or mail, as of the date of first attempted delivery at the
address and in the manner provided herein, or, in the case of telegram, telex or facsimile, upon
receipt; provided that, service of a notice required by any applicable statute shall be considered
complete when the requirements of that statute are met. Notwithstanding the foregoing, no notice of
change of address shall be effective except upon actual receipt. This Section shall not be construed
in any way to affect or impair any waiver of notice or demand provided tn this Guaranty or to require
giving of notice or demand to or upon any Person in any situation or for any reason.
17. Cumulative Riehts. The exercise by City of any right or remedy hereunder or at law
or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.
City shall have all rights, remedies and recourses afforded to City by reason of this Guaranty or by
law or equity or otherwise, and the same (a) shall be cumulative and concurrent, (b) may be pursued
separately, successively or concurrently against Guarantor or others obligated for the Guaranteed
Obligations, or any part thereof, or against anyone or more of them, or against any security or
otherwise, at the sole and absolute discretion of City, (c) may be exercised as often as occasion
therefor shall arise, it being agreed by Guarantor that the exercise of, discontinuance of the exercise
of or failure to exercise any of such rights, remedies or recourses shall in no event be construed as a
waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and
shall be, nonexclusive. No waiver of any default on the part of Guarantor or of any breach of any of
the provisions of this Guaranty or of any other document shall be considered a waiver of any other or
subsequent default or breach, and no delay or omission in exercising or enforcing the rights and
powers granted herein or in any other document shall be construed as a waiver of such rights and
10
[ Deleted: Parking Facility
powers, and no exercise or enforcement of any rights or powers hereunder or under any other
document shall be held to exhaust such rights and powers, and every such right and power may be
exercised from time to time. The granting of any consent, approval or waiver by City shall be limited
to the specific instance and purpose therefor and shall not constitute consent or approval in any other
instance or for any other purpose. No notice to or demand on Guarantor in any case shall of itself
entitle Guarantor to any other or further notice or demand in similar or other circumstances. No
provision of this Guaranty or any right, remedy or recourse of City with respect hereto, or any default
or breach, can be waived, nor can this Guaranty or Guarantor be released or discharged in any way or
to any extent, except specifically in each case by a writing intended for that purpose (and which
refers specifically to this Guaranty) executed, and delivered to Guarantor, by City.
18. Term of Guarantv. This Guaranty shall continue in effect until all the Guaranteed
Obligations are fully and finally paid, performed and discharged. Upon termination, City shall, upon
request, execute and deliver such reasonable documentation requested by Guarantor from time to
time evidencing the termination of this Guaranty.
19. Further Assurances. Guarantor at Guarantor's expense will promptly execute and
deliver to City upon City's request all such other and further documents, agreements and instruments
in compliance with or accomplishment of the agreements of Guarantor under this Guaranty.
20. No Fiduciarv Relationship. City had no fiduciary or other special relationship with
or duty to Guarantor and none is created hereby or may be inferred from any course of dealing or act
or omission of.
21. Interpretation. Whenever the context of any provisions hereof shall require it, words
in the singular shall include the plural, words in the plural shall include the singular, and pronouns of
either gender shall include the other gender. All references in this Guaranty to Schedules, Articles,
Sections, Subsections, paragraphs and subparagraphs refer to the respective subdivisions of this
Guaranty, unless such references specifically identify other documents. The terms "herein," "hereof;"
"hereto," "hereunder" and similar terms refer to this Guaranty and not to any particular Section or
Subsection of this Guaranty. The terms "include" and "including" shall be interpreted as iffollowed
by the words "without limitation." All references in this Guaranty to sums denominated in dollars or
with the symbol "$" refer to the lawful currency of the United States of America, unless such
references specifically identify other currencies. For purposes of this Guaranty, "Person" or
"Persons" shall include firms, associations, partnerships (including limited partnerships), joint
ventures, trusts, corporations, limited liability companies and other legal entities, including
governmental bodies, agencies or instrumentalities, as well as natural persons.
22. Time of Essence. Time shall be of the essence in this Guaranty with respect to all of
Guarantor's obligations hereunder.
23. Counterparts. This Guaranty may be executed in multiple counterparts, each of
which, for all purposes, shall be deemed an original, and all of which taken together shall constitute
but one and the same agreement.
11
24. Entire Ae:reement. This Guaranty embodies the entire agreement between City and
Guarantor with respect to the guaranty by Guarantor of the Guaranteed Obligations. lbis Guaranty
supersedes all prior agreements and understandings, if any, with respect to the guaranty by Guarantor
of the Guaranteed Obligations. No condition or conditions precedent to the effectiveness of this
Guaranty exist. This Guaranty shall be effective upon execution by Guarantor and delivery to City.
This Guaranty may not be modified, amended or superseded except in a writing signed by City and
Guarantor referencing this Guaranty by its date and specifically identifYing the portions hereof that
are to be modified, amended or superseded.
25. Notices:
To Guarantor:
William E. Monis, Jr.
1046 Melaleuca Road
Delray Beach, FL 33483
Telephone: (561) 278-1123
Telecopier: (561) 265-5577
To City:
City of Del ray Beach
City Attorney's Office
200 N. W. 1st Avenue
Delray Beach, Florida
Telephone: (561) 243-7091
Facsimile: (561) 278-4755
26. Waiver of Trial bv Jurv. CITY AND GUARANTOR HEREBY KNOWINGLY,
VOLUNTARll..Y, AND INTENTIONALLY WAIVE TIffi RIGHT ANY MAY HAVE TO A
TRIAL BY JURY IN RESPECT OF ANY LmGATION BASED HEREON, OR ARISING OUT
OF, UNDER, OR IN CONNECTION WITH TIllS GUARANTY, AND ANY AGREEMENT
EXECUTED IN CONJUNCTION HEREWITH OR THEREWITH, OR ANY COURSE OF
CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRIITEN) OR
ACTIONS OF ANY PARTY.
Guarantor's Initials
1HIS GUARANTY REPRESENTS THE FINAL AGREEMENT BETWEEN THE
PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR.
CONTEMPORANEOUS OR SUBSEOUENT ORAL AGREEMENTS OF THE PARTIES. THERE
ARE NO UNWRITIEN ORAL AGREEMENTS BETWEEN THE PARTIES.
12
IN WITNESS WHEREOF, Guarantor has duly executed this Guaranty under seal as ofthe
date first written above.
GUARANTOR:
WILLIAM E, MORRIS, JR,
STATE OF FLORIDA)
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this _ day of
,2007, by WILLIAM E. MORRIS, JR. He is personally known to me or produced
as identification.
Notary Signature
Seal
"
13
LIMITED PARKING LICENSE AGREEMENT
(to the City of Delray Beach, Florida)
THIS LIMITED PARKING LICENSE AGREEMENT ("Agreement") is made as of this
_ day of January 2007 (the "Effective Date"), by and between BLOCK 77 DEVELOPMENT
GROUP, L.C" a Florida limited liability company whose address is 900 E. Atlantic Avenue, Suite 13,
Delray Beach, Florida 33483 ("Block 77"), SOUTH 69, LLC, a Florida limited liability company, whose
address is 900 E. Atlantic Avenue, Suite 13, Delray Beach, Florida 33483 ("South 69") and CITY OF
DELRAy BEACH, FLORIDA, a Florida municipal corporation, whose address is 100 N.W. 1st Avenue,
Delray Beach, Florida 33444 ("Licensee").
RECITALS:
WHEREAS, Block 77 is the owner of that certain real property as described on Exhibit A
attached hereto and incorporated herein (the "Block 77 Property"); and
WHEREAS, South 69 is the owner of that certain real property legally as described on Exhibit B
attached hereto and incorporated herein (the "South 69 Property"); and
WHEREAS, Block 77 and South 69 had previously granted a license to Licensee pursuant to a
Limited Parking License Agreement dated December 19,2006 (the "Prior License"); and
WHEREAS, the parties hereby terminate the Prior License; and
WHEREAS, Licensee requires a license to use those portions of the Block 77 Property and the
South 69 Property as cross-hatched on the site plan attached hereto as Exhibit C and incorporated herein
(the "Licensed Premises") less and except that certain portion Lot(s) 4,5, and 6 of the Block 77 Property.
as designated on the site plan, subject to the terms and conditions of this Agreement; and
WHEREAS, Block 77 and South 69 have agreed to grant the required licenses to Licensee,
subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing, the mutual agreements of the parties
hereto, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
1. Grant of License. Block 77 and South 69 hereby grant to Licensee an exclusive license
to utilize the Licensed Premises for the limited purpose of parking of automobiles and for vehicular and
pedestrian ingress, egress and access. Licensee, at its cost and expense, shall obtain and maintain during
the term of this Agreement all permits and licenses necessary to use each area of the Licensed Premises.
2. Term of Licenses. This Agreement shall commence on the Effective Date and shall
continue until the submission by Block 77 of an application to Licensee's Building Department for the
issuance of a building permit for construction of residential condominium units, retail condominium
units, and a private parking garage known as "Worthing Place" on Block 77, map of the town of
Linton (now Delray Beach), Florida, Plat Book I, Page 3, Public Records of Palm Beach County (the
"Permit Application"). The licenses granted under this Agreement and this Agreement shall terminate
automatically and simultaneously upon the date of submission of the Permit Application to Licensee.
1
3. Licenses Only. This Agreement creates licenses only and Licensee acknowledges that
Licensee does not have and shall not claim, at any time, an interest or estate of any kind or extent
whatsoever in the Block 77 Property or the South 69 Property by virtue of this Agreement or Licensee's
use of the Licensed Premises pursuant hereto.
4. Condition of Licensed Premises. Licensee accepts the Licensed Premises as is, where is
and with all faults. Licensee shall repair and/or improve the Licensed Premises as necessary to bring the
Licensed Premises into compliance with applicable laws or regulations for Licensee's use or as Licensee
otherwise deems desirable or necessary.
5. Return of the Premises. Upon the termination of this Agreement, Licensee, at its cost and
expense, shall remove all its signs and equipment from the Licensed Premises and shall restore all
portions of the Licensed Premises to the condition which existed immediately preceding Licensee's use
thereof, to the extent reasonably practicable, ordinary wear and tear excepted. Any improvements to the
Licensed Premises by Licensee shall automatically become the property of Block 77 or South 69, as
applicable, upon the installation of such improvement on the Licensed Premises.
6. Reservation of Rights. For the duration of this Agreement, the right to use the Licensed
Premises, the right of ingress and egress over the same, is expressly reserved by Block 77 and South 69
and their successors, grantees, invitees and assigns, provided said use does not materially ~d
unreasonably interfere with the Licensee's use under this Agreement.
Notwithstanding anything to the contrary in this Agreement, Block 77 expressly reserves the right
to commence construction upon the Block 77 Premises, including, but not limited to, the installation of
utility lines and the demolition of existing structures. Block 77 shall have the right to temporarily close
the use of and access to those portions of the Block 77 Premises as Block 77 deems necessary in its
discretion for construction purposes, provided that at least thirty (30) parking spaces at the Licensed
Premises shall be available to Licensee under this Agreement.
7. No Transfer bv Licensee. Licensee shall not transfer, assign or convey its rights under
this Agreement.
8. Maintenance. During the term of this Agreement, Licensee, at its cost and expense, shall
be responsible for the cleaning and maintenance of the Licensed Premises. Licensee shall comply with all
federal, state and local statutes, codes, laws, orders, decrees, ordinances, rules and regulations
(collectively "Laws").
9. Indemnity. In consideration of the grant of license under this Agreement, Licensee
hereby assumes full liability for all acts of, or injury to, all persons and/or property who enter onto the
Licensed Premises and, to the fullest extent permitted by law, Licensee agrees to indemnify, defend and
hold harmless Block 77 and South 69 and covenants that Block 77 and South 69 shall not be liable for
any damage or liability of any kind or for any injury or damage to property or person (including death)
from any cause whatsoever related to Licensee's use of the Licensed Premises. Licensee shall pay for,
defend (with an attorney approved and selected by Block 77 and South 69), indemnify, and save Block 77
and South 69 harmless against and from any real or alleged damage or injury and from all claims,
judgments, liabilities, costs and expenses, including all attorney's fees and costs, arising out of or
connected with Licensee's use of the Licensed Premises, any breach of this Agreement by Licensee, any
violation by Licensee of any Laws, and any loss, cost or expense resulting from any of the foregoing;
provided, that such exculpation shall not extend to such damage or injury (or proportionate share thereof)
to the extent that the same is ultimately determined to be attributable to the gross negligence or willful
2
. "
misconduct of Block 77 or South 69. This obligation to indemnify shall include all of Block 77 and
South 69's attorneys' fees, litigation costs, investigation costs and court costs and all other costs,
expenses and liabilities incurred by Block 77 and South 69 or its counsel from the first notice that any
claim or demand is to be made or may be made. Licensee's indemnity obligations will not be diminished
by the existence of any insurance. Licensee's indemnity, defense and hold harmless obligations shall be
limited to one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in
the annual aggregate.
10. Insurance. Licensee shall be responsible for insuring (including by self-insurance, at
Licensee's election) against all liabilities which may accrue as to person or property (acknowledged to be
self-insurance at Licensee's election) as to the Licensed Premises.
11. No Liens. Licensee shall not permit any lien to be filed against the Licensed Premises or
any improvements thereon and, at Licensee's sole cost and expense, shall take all action necessary to
remove such Iien(s) from title.
12. No Warranty: Integration. This Agreement embodies the entire understanding of the
parties hereto, and there are no further or other agreements or understanding, written or oral, in effect
between the parties relating to the subject matter hereof. Licensee acknowledges that Block 77 and/or
South 69 have made no warranties, representations, promises, covenants or guaranties of any kind, or
nature, express or implied (collectively "Representations") concerning the condition or suitability of the
Licensed Premises for Licensee's use and any such Representations are hereby disclaimed:.
13. Neither Partners nor Joint Venturers. None of the terms, provisions or conditions of this
Agreement shall be construed as creating or constituting Block 77 and/or South 69 as a co-partner or joint
venturer with Licensee, or each other, nor constituting Licensee the agent of Block 77 or South 69, nor
shall any of the provisions of this Agreement be construed in a manner so as to make Block 77 or South
69 liable for the debts or obligations of Licensee.
14. Notices. All notices and other communications given pursuant to this Agreement shall be
in writing and shall be deemed properly served if delivered in person to the party to whom it is addressed
on the day of service if by personal delivery or on the third day after deposit in the U.S. mail as registered
or certified mail, return receipt requested, postage prepaid, at the addresses first listed above.
15. Time is of the Essence. Time is of the essence of this Agreement and of each of its
provlSlons.
16. Severability. In case anyone or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not effect any other provision hereof, and this license shall be construed as if such
invalid, illegal or unenforceable provision had never been contained herein.
17. Gender. Whenever used herein, the singular number shall include the plural, the plural
the singular, and the use of any gender shall include all genders.
18. Construction of this Agreement. This Agreement is deemed to have been drafted jointly
by the parties, and any uncertainty or ambiguity shall not be construed for or against either party as an
attribution of drafting to either party.
3
1 I I .
19. Recording;. This Agreement shall not be recorded without the written consent of all
parties.
20. Modification of Agreement. No modification of this Agreement shall be deemed
effective unless in writing and signed by all parties.
21. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed to be an original and all of which shall together constitute one and the same instrument.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
4
, I' ,
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and
year first above written.
WITNESSES:
CITY OF DELRA Y BEACH, FLORIDA
a Florida municipal corporation
By:
Print Name:
Name:
Title:
Print Name:
BLOCK 77 DEVELOPMENT GROUP, LC,
a Florida limited liability company
By:
Print Name:
William E. Morris, Manager
Print Name:
SOUTH 69, LLC,
a Florida limited liability company
By:
Print Name:
William E. Morris, Manager
Print Name:
5
, '1 "
EXHIBIT "A"
BLOCK 77 PROPERTY
All of Lots 7,8,9, 10 and 13, the South 59.84 feet of Lots 4,5 and 6, and the North 50.5 feet of Lot
11, Block 77, Map of the Town of Linton (now Delray Beach), according to the map or plat thereof
as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida.
6
. . , to
EXHmIT B
SOUTH 69 PROPERTY
Lot 19, SUBDIVISION OF BLOCK 69, DELRA Y, FLORIDA, according to the plat thereof recorded in
Plat Book 2, page 43, public records of Palm Beach County, Florida, less and except the West two feet,
the South two feet and the East five feet thereof.
7
. I ,. ..
EXHffiIT C
SITE PLAN
(COPY ATTACHED)
8
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~i'>r tv &elJItAt' 8!4fX ""4""<<~ mAr,_ ~1..~
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~ 1
AGENDA ITEM # ~. N - REGULAR MEETING OF FEBRUARY 6, 2007
RESOLUTION NO. 8-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/LANDSCAPE IMPROVEMENTS/US 1
CORRIDOR FROM THE C-15 CANAL TO TROPIC BOULEVARD
TO:
SUBJECT:
DATE:
FEBRUARY 2, 2007
This is before Commission to consider adoption of Resolution No. 8-07 authorizing execution of a
Maintenance Memorandum of Agreement (MOA) with the Florida Department of Transportation
(FD01) for maintenance of landscaping along the US 1 corridor from the C-15 Canal to Tropic
Boulevard; the Florida Department of Transportation (FOO1) will construct the landscaping
improvements and the City will be responsible for landscape maintenance. There is no cost to the
City for the installation of landscaping.
Recommend approval of Resolution No. 8-07 authorizing execution of a Maintenance Memorandum
of Agreement (MOA) with the Florida Department of Transportation (FD01) for maintenance of
landscaping along the US 1 corridor from the C-15 Canal to Tropic Boulevard.
S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\city manage~s memo Res No 8-07 Maintenance MOB FOOT for US 1 from C15 Canal to Tropic
Blvd.02.06.07.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN D
U M
DATE:
David T, Harden I) / /J
Randal L. Krejcarek, PE R~
30 Jan 2007
TO:
FROM:
SUBJECT:
FOOT Maintenance Memorandum of Agreement
US 1 from C-15 Canal to Tropic Blvd
FIV! # 413839-01
City Project # 2004-069
Commission Agenda Item
The attached agenda item is to request for Commission approval/authorization for Mayor to
execute Maintenance Memorandum of Agreement with Florida Department of Transportation
(FDOT) for the maintenance of landscaping along US 1 corridor from the C-15 to Tropic Blvd.
FDOT will construct the landscaping improvements and the City will be responsible for
landscape maintenance. There is no cost to the City for the installation of landscaping.
A location map is attached.
If this meets with your approval, please place it on the 06 February 2007 Commission meeting,
for approval.
Thanks!
enc
cc: Richard C. Hasko, PE, Environmental Services Director
Chevelle Nubin, City Clerk
Project File
5: IEngAdmin IProjectsI200412004-06910FFICIAL 12007-02-06 agenda memo.doc
Page 1 of 1
Smith, Douglas
From: Shutt, Brian
Sent: Friday, February 02, 2007 8:08 AM
To: Smith, Douglas
Cc: Krejcarek, Randal
Subject: FOOT maintenance memorandum of agtlLanscaping in the US 1 corridor
This agreement is legally sufficient.
R. Brian Shutt
Assistant City Attorney
200 N.W. 1st Avenue
Delray Beach, FL 33444
(561 )243-7091
Fax (561 )278-4755
shutt@ci.delrav-beach.fI.us
2/2/2007
RESOLUTION NO. 8-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR MAINTENANCE BY THE CITY OF A
PORTION OF US 1 LOCATED WITHIN THE CITY OF DELRAY
BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA:
Section 1. That the appropriate City officials of the City of Delray Beach are
authorized to execute a Maintenance Memorandum of Agreement on behalf of the City with
the State of Florida Department of Transportation, for maintenance by the City of a portion
of US 1, a copy of which Agreement in substantial form as Exhibit "A", is attached. The
City Manager and City Attorney are authorized to make minor revisions to such Agreement
as are deemed necessary and proper for the best interests of the City.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption.
PASSED AND ADOPTED ill regular seSS10n on this the _ day of
,2007.
MAYOR
ATTEST:
City Clerk
SECTION NO.:
FM NO.(s):
COUNTY:
S.R. NO.:
93010
413839-1-52-0]
Br6Y. AI d r fAl/lf !, lAC II
5
DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this dayof 20-,by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency oftheState of Florida, hereinafter called the DEPARTMENT and the City of
Delray Beach, a political subdivision of the State of Florida, existing under the Laws of Florida,
hereinafter called the AGENCY.
WIT N E SSE T H:
. WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 as part of the State
Highway System; and
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has
constructed and does maintain the highway facility as described in Exhibit A attached hereto and
incorporated by reference herein, within the corporate limits (or unincorporated if County) of the
AGENCY; and
WHEREAS, the AGENCY is of the opinion that said highway facilities that contain
landscape medians and areas outside the travel way to the right of way line, excluding standard
concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing,
litter pick-up, necessary replanting, irrigation repairs, and median concrete replacements as needed;
and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution No. dated ,20_,
attached hereto and by this reference made a part hereof, desires to enter into this Agreement and
authorizes its officers to do so;
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the paliies covenant and agree as follows:
1. The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation
andlor hardscape on the highway facilities substantially as specified in the initial plans and
specifications hereinafter referred to as the Project and incorporated herein as Exhibit B. If
there are any major changes to the plans, the Department shall provide the modified plans
and the AGENCY shall provide their approval or disapproval within 10 business days. The
Department may elect to withdraw the landscape if changes are not approved within the
given time frame. Hardscape shall mean any non-standard roadway, sidewalk or median
S:.Mainf\Lnnd;;cape\MqA Folders,MOA DraftsSR :; 413839 Delray Beach.doG
Page. 1 .
surface such as, but not limited to interlocking concrete or brick pavers, stamped asphalt and
stamped concrete.
2. The AGENCY agrees to maintain the landscape and irrigation within the medians and areas
outside the travel way to the right of way line by periodic trimming, cutting, mowing,
fertilizing, curb and sidewalk edging, litter pickup and necessary replanting, following the
DEPARTMENT'S landscape safety and plant care guidelines and as provided by Exhibit C.
The AGENCY'S responsibility for maintenance shall include all landscaped/turfed areas and
areas covered with interlocking pavers or similar type surfacing (hardscape) within the
median and areas within the travel way to the right of way line, including paver sidewalks,
paver intersections and all paver header curbs, stamped asphalt and concrete areas. It shall be
the responsibility ofthe AGENCY to restore an unacceptable ride condition ofthe roadway
caused by the differential characteristics of the paver brick and/or the header curb on
Department of Transportation right-of-way within the limits of the Project.
Such maintenance to be provided by the AGENCY is specifically set out as follows:
To maintain, which means the proper watering and fertilization of all. plants and keeping
them as free as practicable from disease and harmful insects; to properly mulch the plant
beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to
properly prune all plants which includes: (1) removing dead or diseased parts of plants, or (2)
pruning such parts thereof which 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 or replacing those that fall below original Project standards. All plants removed
for whatever reason shall be replaced by plants ofthe same size and grade as specified in the
original plans and specifications. To maintain also means to keep the hardscape areas free
from weeds and replacement of any areas becoming in disrepair so as to cause a safety
hazard. To maintain also means to keep litter removed from the median and areas outside
the travel way to the right of way line. Plants shall be those items which would be
scientifically classified as plants and include but are not limited to trees, grass, or shrubs.
Ifit becomes necessary to provide utilities to the median or side areas (water/electricity) for
these improvements, all costs associated with irrigation maintenance, impact fees and
cOlmections as well as on-going cost of water are the maintaining AGENCY'S
responsibility.
The above named functions to be performed by the AGENCY, may be subject to periodic
inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such
inspection findings will be shared with the AGENCY and shall be the basis of all decisions
regarding, repayment, reworking or Agreement termination. The AGENCY shall not change
or deviate from said plans without written approval of the DEPARTMENT.
3. If at any time after the AGENCY has assumed the landscape installation and/or maintenance
responsibility above-mentioned, it shall come to the attention of the DEPARTMENT'S
District Secretary that the limits or a part thereof is not properly maintained pursuant to the
tenns of this Agreement, said District Secretary may at his option issue a writtennotice that a
S:!\.'laint\Landscape\MOA Foldcvs\lv!().r\ Draits\SR 5 413839 DeJrqy Beach.doc
Page - 2 -
deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place said
AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30)
calendar days within which to correct the cited deficiencies. If said deficiencies are not
corrected within this time period, the DEPARTMENT may at its option, proceed as follows:
(a) Maintain the landscape or a part thereof, with DE.PARTMENT or contractor's
personnel and invoice the AGENCY for expenses incurred, or
(b) Tenninate the Agreement in accordance with Paragraph 7 of this Agreement and
remove, by DEPARTMENT or contractor's personnel, all of the
landscape/hardscape installed under this Agreement or any preceding agreements
except as to trees and palms and charge the AGENCY the reasonable cost of such
removal.
4. It is understood between the parties hereto that the landscape covered by this Agreement may
be removed, relocated or adj usted at any time in the future as determined to be necessary by
the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise
.changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY
shall be given ,sixty (60) calendar days notice to remove said landscape after which time the
DEPARTMENT may remove same. All pennits (including tree permits), fees, and any
mitigation associated with the removal, relocation or adjustments ofthese improvements are
the maintaining AGENCY'S responsibility.
5. The DEPARTMENT agrees to enter into a contract for the installation oflandscape Project
for an amount not to exceed $68.458.00 as defined in Exhibit D.
The DEPARTMENT'S participation in the Project cost, as desclibed in Exhibit C is limited
to only those items which are directly related to this Project. The AGENCY shall be invited
to assist the DEPARTMENT in final inspection at the end of the contractor's 365 day
warranty and establishment period.
6. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the
Project, should the landscape/bardscape areas fail to be maintained in accordance with the
tenns and conditions of this Agreement.
7. This Agreement may be terminated under anyone (l)ofthe following conditions:
(a) By the DEPARTMENT, ifthe AGENCY fails to perform its duties under Paragraph
3, following ten (10) days written notice.
(b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all
documents, papers; letters, or other material subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the AGENCY in conjunction with this
Agreement.
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Page 3
8. The tenn of this Agreement commences upon execution.
9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the
DEPARTMENT, its officers and employees from all suits, actions, claims and liability
arising out of the AGENCY'S negligent performance of the work under this agreement, or
due to the failure of the AGENCY to maintain the Project in conformance with the standards
described in Section 2 of this Agreement.
10. The AGENCY may construct additionallandscapelhardscape within the limits of the rights-
of-ways identified as a result of this document, subject to the follo~ing conditions:
(a) Plans for any new landscape/hardscape shall be subject to approval by the
DEPARTMENT. The AGENCY shall not change or deviate from said plans
without written approval by the DEPARTMENT.
(b) All landscape shall be developed and implemented in accordance with appropriate
state safety and road design standards;
(c) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscape installed;
(d) No change will be made in the payment terms established under item number five (5)
of this Agreement due to any increase in cost to the DEPARTMENT resulting from
the installation of landscape added under this paragraph.
11. This wliting embodies the entire Agreement and understanding between the parties hereto
and there are no other Agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
12. The D:EP ARTMENT, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation ofthis subsection is null and void, and no money maybe
paid on such contract. The DEPARTMENT shall require a statement from the Comptroller
of the DEPARTMENT that funds are available prior to entering into any such contract or
other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding one (1) year, but any contract so made shall be executory .
only for the value ofthe services to be rendered or agreed to be paid for in succeeding fiscal
years; and this paragraph shall be incorporated verbatim in all contracts of the
DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND
DOLLARS ($25,000.00) and which have a term for a period ohnore than 1 year.
13. The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes
of any nature whatsoever that may arise under or by reason of this Agreement, the
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Page 4
prosecution or fulfillment of the service hereunder and the character, quality, amount and
value thereof; and his decision upon all claims, questions and disputes shall be final and
conclusive upon the parties hereto.
14. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
15. This Agreement shall be governed by and construed in accordance with the laws ofthe State
of Florida. In the event of a conflict between any portion ofthe contract and Florida law, the
laws of Florida shall prevail.
16. Any and all notices given or required under this Agreement shall be in writing and either
personally delivered with receipt acknowledgement or sent by certified mail, return receipt
requested. All notices shall be sent to the following addresses:
Ifto the Department:
State of Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, FL 33309-3421
. Attention: Elisabeth A. Hassett, R.L.A.
FDOT District IV Landscape Architect
If to the Agency:
City of Delray Beach
100N,W. 1st Avenue
Delray BeaCh, Florida 33444
Attention: RandalL. Krejcarek, P.E.
Park Planner & Landscape Architect
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Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the
day and year first above written.
AGENCY
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
By:
Chairperson
Transportation Development Director Date
Attest:
Clerk
(SEAL)
Attest:
Executive Secretary
(SEAL)
Approval as to Form
Date
Approval as to Form
Date
S:.Maint\Landscape\MOA FoldeJ~\MOA Dra1!s.,SR 5. 4 UX39 Deiray Beacluioc
Page 6
SECTION NO.:
FM NO.(s):
COUNTY:
S.H.. NO.:
EXHIBIT A
I. PROJECT LOCATION:
State Road 5 from Sta, 716+00 to Sta. 767+64
n. PROJECT LOCATION MAP:
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93010
413839-1-52-01
Palm Beach
5
SECTION NO.:
FM NO.(s):
COUNTY:
S.R. NO.:
93010
413839-1-52~01
Broward
5
EXHIBIT B
PROJECT PLANS
The Department agrees to install the Project in accordance with the plans and specifications .
attached hereto and incorporated herein.
Pleas see attached plans prepared by: Robert Bentz
Dated: December 22. 2006
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SECTION NO.:
FM NO.(s):
COUNTY:
S.R. NO.:
93010
413839-]-52-01
Broward
5
EXHIBIT C
MAINTENANCE PLAN
This Exhibit forms an integral part of the DISTRICT FOUR ( 4) HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida, Department of
Transportation and the AGENCY.
Dated: November 3. 2006 .
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MAINTENANCE PLAN
Project Name:_SR. 5 (VS-t) Delray Beach from
C"15 Canal to Tropic Blvd.
Project Limits: Sta. 716+00 to Sta. 767+64.00
Landscape and Irrigation Plans
FM No.: __413839-1-52-01___________
Agency:____-.:.Delray Beach________
The purpose for the following performance based descriptions of Ian cis cape maintenance
practices is to aIlo'.v the plant material on your project to thrive in a safe and vigorous
manner. Plantings shall be maintaincdto provide reqLtired visibility and conform to all of
the required setbacks as set f011h by Florida Department of Transportation's governing
standards and specifications; FDOT Design Standards (Most Current Date) and Standard
SpeciCications for Road and Bridge Construction (Most Current Date), as amended by
contract documents.
Watering Requirements:
Watering is probably the 1110st critical concern regarding the maintenance of healthy plant
material. The amollnt of water to apply at anyone time varies with the weather, drainage
conditions and water holding capacity of the soil. .
Proper watering techniques should provide even and thorough water dispersal to wet the
entire root zone but not to saturate the soil and should avoid over-spray onto travel lanes.
Further'more, the Agency should maintain the rain sensors (if on an irrigation system), to
ensure that they are functioning properly and that the system does shut down when there
is ::;urricienl raillt~ll1.
A void extremes in watering. Light, frequent watering is i neffccli ve and produces shallow
root systems. Excessive watering that keeps the root zones saturated may kill the plant
material due to the lack of available air to the root zone. A typical rule ofthurnb is that
turf areas should receive on an average, a minimum of I" of water per week, with an
equal or lesser amoLlnt for trees and shrubs, depending on thei.r individual water usage.
!.rriW ion:
Ensure there is no roadway overspray or irrigation activities during the daytime hours
(most notably rush hour traffic periods).
F ertilizatio n/lnsecticides/Fungicicles:
Due to the poor shallow root soils of the South Florida area, coupled with heavy rainfall
during the growing season, avai lable nutrient levels for landscape materials are very low,
therefore nutrient amendments are essenti,ll. A soil analysis of each planting site should
be done to determine the Ilutrient levels needed for vigorous plant growth.
Palms, shrubs, trees and turf areas should be fertilized in such a manner and frequency to
ensure that the plant material remains healthy, without under or over nourishing them. An
integrated plant management program is required to ensure healthy plants, free ofdisease
and pests. Insecticides and fungicides shall be applied as needed to ensure that plants and
grass remain pest and disease free.
Mulching:
Planting beels should be mulched In such a manner as to: prevent wced growth, retain
moisture for use by plants, protect soil tJ'OIl1 erosion and the loss of nutrlents, maintain a
l1lore uniform soil tcrnpcmtme and maiutain a manicllred appearance, ~vhLlch should
always be kept away from the trunks of trees, shrubs and palms to prevent rotting and
slIseeptibi 1 ity to disease. No Cypress mulch should be util izcd.
Pruning,~
All pruning shall adhere to ANS[ A300 star\dards (and safety criteria adhered to) and
shall be overseen by an ISA Certified Arborist. The older fronds on the Royal Palms shall
be routinely pruned to insure that fronds cIa not fall onto any travel lanes. Ail pruning
shall be done with the health and natural growth of the plant materials in mind and to
specific pruning heights of the landscape material shall be determined in order to
maintain cleal'site windows and vertical clearances for pedestrian and lwck traffic where
applicable. Visibility windows lllust be ll'ee of obstructions.
The desired growth habit in landscape planting beds shall be sueh that shrubs of tile same
species shall develop into a single mass and be kept separate from adjacent rnasscs of
other species.
Staking and Guying;
.All st8king materia! (except for n;,pbcements) wi!! I:)/" r(,Ji'1riV(~d at the (,o111pletion oflhc
one year warranty period before the city takes over.
Turf Mowin~:
All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a
neat and clean appearance.
1itter CQ..!Jtrol:
The project site sha!! remain litter free..
W ceding/Herbicide:
All planting areas shall be maintained to be as weed fl'ce as possible with mechanical
and/or chemical weeding, and where specified on plans, with mulch properly applied and
maintained. When utilizing herbicide, extreme care should be taken to avoid any
overspray onto plant materials. Any damage resulting from overspray will be the
applicator's responsibility to restore per approved plan.
Opinion of Construction Cost - Median Irrigation System
SR 5 I Federal Highway
FPID: 413839-1-52-01
D8te:
r-<E vised.
Oclcber 16,2005
N/A
Maintaining AuUiOrity : City of Delray Beach
Station: 716+00 to 767+64.00
Pay Item Item DescriDtion Unit Qtv. .Unit Price Total
Water meter 1 "/2" Ea 1 $2,000.00 52,000,00
PVB 1 1/2" Ea 1 $ 1,000,00 $1.000.00
Main Line 2" LF 550 $3.50 $1.925.00
Sleevino- 60en road c~;t 2.4" LF 755 515.00 S 11.325.00
Sleevino - Directional bore 2-4" LF 190 530.00 $5,700.00
Brass GV 2" Ea 1 530000 5300,00
Rev i.S" Ea 6 5400.60 $2,400.00
Sorav Heads 6",12" and Risers Ea 124 $3500 $4,340.00
Controller Motorola Piccolic-XR Ea 3 52.50000 S7,!.00.00
Sub Total 536.490.00
ProfitJOverhead $7.298.00
Maintaining Authority: City of Delray Beact
590-70 GRAND TOTAL LS 1 I 543,788,00
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N
N
N
N
EXHIBIT D
PROJECT COST
SECTION NO.:
FM NO.(s):
COUNTY:
S.R. NO.:
93010
413839-]-52-0]
Broward
5
This Exhibit forms an integral p<ui of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida, Department of
Transportation and the AGENCY.
Dated: December 27. 2006
1. APPROXIMATE PROJ.ECT COST:
$68,458.00
~~, :\r:.~;:nt.
i~' '..dt"kp, ,.,/f.(JA rJt,:f.f:~:'~~R ~: .ll. "~::<)9 Dtl.j :j~~ ::?v~~~J(h.:,kl'.
RESOLUTION NO. 8-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR MAINTENANCE BY THE CITY OF A
PORTION OF US 1 LOCATED WITHIN THE CITY OF DELRAY
BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA:
Section 1. That the appropriate City officials of the City of Delray Beach are
authorized to execute a Maintenance Memorandum of Agreement on behalf of the City with
the State of Florida Department of Transportation, for maintenance by the City of a portion
of US 1, a copy of which Agreement in substantial form as Exhibit "A", is attached. The
City Manager and City Attorney are authorized to make minor revisions to such Agreement
as are deemed necessary and proper for the best interests of the City.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption.
PASSED AND ADOPTED ill regular seSS10n on this the _ day of
, 2007.
MAYOR
ATTEST:
City Clerk
Date:
29 J an 2007
AGENDA ITEM NUMBER: <6. N
AGENDA REQUEST
Request to be placed on:
-X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
06 Feb 2007
Description of Agenda Item (who, what, where, how much):
Request for Commission approval/authorization for Mayor to execute Maintenance
Memorandum of Agreement with Florida Department of Transportation (FDOT) for
the maintenance of landscaping along US 1 corridor from the C-15 to Tropic Blvd.
Staff Recommendation: ~
Department Head Signature: ( - - ( .~
/.. '31- b 1-
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @I No Initials: 4
!
Hold U nti!:
Agenda Coordinator Review:
Received:
s: \EngAdmin \Projects \2004\2004-069\OFFICIAL \2007 -02-06 agenda request. doc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CI1Y MANAGE~
AGENDA ITEM # g. 0 - REGULAR MEETING OF FEBRUARY 6.2007
RESOLUTION NO. 9-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/LOCALLY FUNDED AGREEMENT /
TROMBONE STYLE MAST ARMS/SR AlA AND EAST ATLANTIC
AVENUE
TO:
SUBJECT:
DATE:
FEBRUARY 2, 2007
This is before Commission to consider adoption of Resolution No. 9-07 authorizing execution of a
Locally Funded Agreement with the Florida Department of Transportation (FDOl) for the
installation of trombone style mast arm signals at the intersection of SR AlA and East Atlantic
A venue. The City is responsible for funding the added cost for the trombone style mast arms at a
cost of approximately $50,000.00.
Funding is available from 334-3162-541-68.31 (General Construction Fundi AlA Streetscape).
Recommend approval of Resolution No. 9-07 authorizing execution of a Locally Funded Agreement
with the Florida Department of Transportation (FDOl) for the installation of trombone style mast
arm signals at the intersection of SR AlA and East Atlantic Avenue.
S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\city manager's memo Res No 9-07 Locally FWlded Agmt FOOT for trombone style mast ann
signals.02.06.07.doc
City Of Delray Beach
Department of Environmental Services
MEMORAND
U M
TO: David T. Harden
FROM: Randal L. Krejcarek, PE
DATE: 29 Jan 2007
SUBJECT: FOOT Locally Funded Project
Trombone Style Mast Arms at SR A1A & E Atlantic Ave
City Project # 2002-023
Commission Agenda Item
The attached agenda item is to request for Commission approval/authorization for Mayor to
sign Locally Funded Project agreement with Florida Department of Transportation for the
installation of trombone style mast arm signals at the above referenced intersection. The City is
responsible for funding the added cost for the trombone style mast arms. It is anticipated that
the additional cost will be approximately $50,000.00.
The County has agreed to contribute $46,500.00 of the City's $50,000.00 share of the
additional cost for installing trombone mast arms.
A location map is attached. Also attached is a draft of the letter to be sent to the FOOT.
If this meets with your approval, please place it on the 06 February 2007 Commission meeting,
for approval.
Thanks!
enc
cc: Richard C. Hasko, PE, Environmental Services Director
Chevelle Nubin, City Clerk
Project File
C: I Documents and SettingslsmithdlLocal Settingsl Temporary Internet FilesIOLKD5EI2007-02-06 agenda memo.DOC
Page 1 of1
Smith, Douglas
From: Shutt, Brian
Sent: Friday, February 02,20078:09 AM
To: Smith, Douglas
Cc: Krejcarek, Randal
Subject: FOOT Locally Funded Agreement/Trombone Style mast arms
The above referenced agreement is legally sufficient.
R. Brian Shutt
Assistant City Attorney
200 N.W. 1 st Avenue
Delray Beach, FL 33444
(561 )243-7091
Fax (561 )278-4755
shutt@ci.defrav-beach.fI.us
2/2/2007
RESOLUTION NO. 9-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE A LOCALLY FUNDED AGREEMENT
WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR FUNDING BY THE CITY TO INCLUDE
"TROMBONE STYLE" SIGNAL MAST ARMS ALONG A PORTION
OF SR-AIA LOCATED WITHIN THE CITY OF DELRA Y BEACH;
PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA:
Section 1. That the appropriate City officials of the City of Delray Beach are
authorized to execute a Locally Funded Agreement on behalf of the City with the State of
Florida Department of Transportation, for funding by the City to include "trombone
style" signal mast arms along a portion of SR-AIA, a copy of which Agreement in
substantial form as Exhibit "A", is attached. The City Manager and City Attorney are
authorized to make minor revisions to such Agreement as are deemed necessary and
proper for the best interests of the City.
Section 2. That all resolutions or parts of resolutions in conflict with this
Resolution are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in full force and effect immediately upon
its adoption.
PASSED AND ADOPTED III regular seSSIOn on this the _ day of
,2007.
MAYOR
ATTEST:
City Clerk
~.
.J
FM No: 403603.1-52.01
FEID No: VF-596..QOO.308
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCALLY FUNDED AGREEMENT
THIS AGREEMENT, entered into this_ day of 200_, by and between the State
of Florida Department of Transportation hereinafter called the DEPARTMENT, and CITY OF DELRA Y
BEACH, at 100 N.W 1st AVENUE, DELRAY BEACH, FLORIDA, 33444 hereinafter called the
PARTICIPANT.
WITNESSETH
WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make
certain improvements in connection with Financial Management (FM) Number 403603-1-52-01 (Funded
in Fiscal Year 2006/2007) for 'Trombone Style' Signal Mast Arms during the 3R Project along SR-A1A
from Linton Boulevard to 260 feet North of Atlantic Avenue in Palm Beach County, Florida, as set forth
in Exhibit "N', Scope of Services, annexed hereto and made a part hereof, and,
WHEREAS, for purposes of this Agreement, improvements to be made as stated above are hereinafter
referred to as the PROJECT; and,
WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and
it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities;
and,
WHEREAS, the PARTICIPANT by Resolution No. adopted on , 200_,a~
of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this
AGREEMENT.
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the
PROJECT, the parties agree to the following:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. The DEPARTMENT shall be responsible for assuring that the Project complies with all
applicable Federal, State and Local laws, rules, regulations, guidelines and standards.
3. The PARTICIPANT agrees to make all previous studies, maps, drawings, surveys and
other data and information pertaining to the Project available to the DEPARTMENT at no
extra cost.
4. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for
additional work for the Project. The DEPARTMENT will make reasonable efforts to obtain
the PARTICIPANT input in its decisions.
10f4
5. The PARTICIPANl'S share is estimated to be a lump sum payment of FJFTY THOUSAND
DOLLARS ($50,000.00) to the DEPARTMENT, for the mast arms signals. In the event the
actual cost of the mast arms signals are less than the PARTICIPANT'S share of FIFTY
THOUSAND DOLLARS ($50,000.00) the difference is non-refundable and the excess of
funds will be applied to other phases of the project. The DEPARTMENT agrees to provide
additional funding as needed to complete the project
The PARTICIPANT agrees that it will, within thirty (30) days of execution of this Agreement,
furnish the DEPARTMENT with a check in the amount of FIFTY THOUSAND DOLLARS
($50,000.00) towards the Project Costs.
Remittance shall be made payable to the Department of Transportation. Payment shall
be clearly marked to indicate that it is to be applied to FM Project No.: 403603-1-52-01.
The DEPARTMENT shall utilize this amount towards costs of Project No.: 403603-1-52-01.
Payment shall be mailed to:
Florida Department of Transportation
Professional Services Unit
Attention: Leos A. Kennedy, Jr.
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309-3421
6. In the event it becomes necessary for the DEPARTMENT to institute suit for the
enforcement of the provisions of this Agreement, each party shall be responsible to pay
their own attorney fees and court costs. Venue with respect to any such litigation shall bein
Broward County.
7. Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent
phases of the Project, the AGREEMENT may be amended to identify the respective
responsibilities and the financial arrangements between the parties.
8. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise
encumbered by the PARTICIPANT under any circumstances without the prior written
consent of the DEPARTMENT. However, this AGREEMENT shall run to the
QEPARTMENT and its successors.
9. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and be
binding to both the PARTICIPANT and the DEPARTMENT until the Project is completed
as evidenced by the written acceptance of the DEPARTMENT, or December 31, 2009
whichever occurs first.
10. The PARTICIPANTwarrants that it has not employed or obtained any company or person,
other than bona fide employees of the PARTICIPANT, to solicit or secure this
AGREEMENT, and it has not paid or agreed to pay any company, corporation, individual or
firm, other than a bona fide employee employed by the PARTICIPANT. For breach or
violation of this provision, the DEPARTMENT shall have the right to terminate the
AGREEMENT without liability.
20f4
11. To the extent allowed by the Laws of Florida, the PARTICIPANT hereby agrees to
indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands
liabilities, and suits of any nature arising out of, because of or due to any intentional and/or
negligent act or occurrence, omission, or commission of.the PARTICIPANT, its agents,
contractors, subcontractors, consultants and/or employees, arising out of this contract or
the work which is the subject hereof. It is specifically understood and agreed that this
indemnification clause does not cover or indemnify the DEPARTMENT for its own
negligence.
12. This AGREEMENT is governed by and construed in accordance with the laws of the State
of Florida.
13. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein,
and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this agreement that are not contained in thisdocument.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon
any prior representation or agreements whether oral or written. It is further agreed that no
modification, amendment, or alteration in the terms and conditions contained herein shall
be effective unless contained in a written document executed with the same formality and
of equal dignity herewith.
14. Any or all notices (except invoices) given or required under this Agreement shall be in
writing and either personally delivered with receipt acknowledged or sent by certified mail,
return receipt requested. All notice's delivered shall be sent to the following addresses:
If to the DEPARTMENT:
Florida Department of Transportation - District Four
3400 West Commercial Blvd.
Fort Lauderdale, Florida 33309-3421
Attn: Leos A. Kennedy, Jr.
With a copy to: John Olson
A second copy to: District General Counsel
If to the PARTICIPANT
City of Delray Beach
Dept. of Environmental Services
434 South Swinton Avenue
Delray Beach, FL 33444
Attn: Randall Krejcarek, P.E.
City Engineer
With acopy to: Attorney
30f4
I,
IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified
herein. [Authorization has been given to enter into and execute this Agreement by Resolution No._
, hereto attached.]
CITY OF DELRA Y BEACH
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
ROSIEl YN QUIROZ
DIRECTOR OF TRANSPORTATION SUPPORT
BY:
NAME:
TITLE:
ATTEST:
APPROVED: (AS TO FORM)
CITY CLERK
(SEAL)
BY:
DISTRICT GENERAL COUNSEL
APPROVED:
APPROVED:
BY:
CITY ATTORNEY
BY:
PROFESSIONAL SERVICES ADMINISTRATOR
40f4
. "
Exhibit "A"
Scope of Services
Financial Project ID 403603-1-52-01
Provide three (3) trombone mast arms along SR-AIA from Linton Blvd. to 260 feet North of
Atlantic Avenue, as part of the resurfacing, restoration, and rehabilitation ofSR-AlA.
The specification.s for the mast roms shall consist of:
. Mast Arm Assembly (F&I) special design
Date:
29 J an 2007
AGENDA ITEM NUMBER: g.O
AGENDA REQUEST
Request to be placed on:
~Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
06 Feb 2007
Description of Agenda Item (who, what, where, how much):
Request for Commission approval/authorization for Mayor to sign Locally Funded
Project agreement with Florida Department of Transportation for the installation of
trombone style mast arm signals at the intersection of SR AlA and E Atlantic Ave.
The City is responsible for fund~the added cost for the trombone style mast arms. It
is anticipated that the additional cost will be approximately $50,000.00.
Staff Recommendation~ ~oval ~
Department Head Signature: J{J.4Jc---~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Q No Initials: ~
Account Number 53l.-/-3r~-)(ll-6~.3)
Description .Ai 4 ~fr l Lfs ( fLp-z-
Account Balance: if} (fOP, 00 b
I-~~"'O 7
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @ No Initials: 4
Hold Until:
Agenda Coordinator Review:
Received:
s: \EngAdmin \Projects \2002\2002-023\OFFICIAL \2007 -02-06 agenda. doc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER (})fl
AGENDA ITEM # ~ P - REGULAR MEETING OF FEBRUARY 6, 2007
RESOLUTION NO. 10-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/ATLANTIC AVENUE BRIDGE
UNDERPASS ART PROJECT
TO:
SUBJECT:
DATE:
FEBRUARY 2, 2007
This is before Commission to consider adoption of Resolution No. 10-07 authorizing execution of a
Maintenance Memorandum of Agreement with the Florida Department of Transportation (FD01)
for the installation of public art and landscaping under the Atlantic Avenue Bridge. FDOT will make
appropriate revisions to the agreement once final drawings are provided by the City. Other than
routine maintenance, there will be no cost to the City.
Recommend approval of Resolution No. 10-07 authorizing execution of a Maintenance
Memorandum of Agreement with the Florida Department of Transportation (FD01) for the
installation of public art and landscaping under the Atlantic Avenue Bridge.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\city manager's memo Res No 10-07 Adantic Ave Bridge Underpass Art Project.0206.07.doc
City Of Delray Beach
Department of Environmental Services
MEMORAN
D
u
M
TO: David T. Harden
FROM: Randal L. Krejcarek, PE
DATE: 29 Jan 2007
SUBJECT: Atlantic Ave Bridge Underpass Art Project
City Project # 2006-045
Commission Agenda Item
The attached agenda item is to request for Commission approval/authorization for Mayor to
execute Maintenance Memorandum of Agreement with Florida Oepartment of Transportation
(FOOT) for the installation of public art and landscaping under the Atlantic Ave Bridge. FOOT
requires the City be responsible for maintaining any public art and landscaping placed on or
under the bridge.
The attached agreement is FOOT's standard maintenance agreement utilized when FOOT
funds, but does not maintain landscaping within FOOT rights-of-way. This agreement will be
modified to reflect all costs for the installation and maintenance of the art work and landscaping
will be the responsibility of the City. FOOT will make the appropriate modifications once the
final drawings are received from the Artist.
Other than routine maintenance, there will be no cost to the City.
A location map is attached.
If this meets with your approval, please place it on the 06 February 2007 Commission meeting,
for approval.
Thanks!
enc
cc: Richard C. Hasko, PE, Environmental Services Director
Chevelle Nubin, City Clerk
Project File
C: IDocuments and SettingslsmithdlLocal Settingsl Temporary Internet FilesIOLKD5E/2007-02-06 agenda memo
(2). DOC
From: Shutt, Brian
Sent: Friday, February 02, 2007 8:06 AM
To: Smith, Douglas
Cc: Krejcarek, Randal
Subject: FOOT Maintenance Agt on the Atlantic Ave. Bridge Underpass
pag~
Smith, Douglas
The attached agreement will be legally sufficient once we attach the appropriate exhibits and complete the blanks with the terms
applicable to this project, however, it is my understanding from Randal that FOOT will not be able to do this until they see the final
drawings on this project, which will not be presented to them until after this meeting.
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/raY-beach.f1.us
2/2/2007
RESOLUTION NO.1 0-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR MAINTENANCE BY THE CITY OF A
PORTION OF STATE ROUTE 806 LOCATED WITHIN THE CITY OF
DELRA Y BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA:
Section 1. That the appropriate City officials of the City of Delray Beach are
authorized to execute a Maintenance Memorandum of Agreement on behalf of the City
with the State of Florida Department of Transportation, for maintenance by the City of a
portion of State Route 806, a copy of which Agreement in substantial form as Exhibit
"A", is attached. The City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper for the best interests of
the City.
Section 2. That all resolutions or parts of resolutions in conflict with this
Resolution are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in full force and effect immediately upon
its adoption.
PASSED AND ADOPTED 111 regular seSSIOn on this the _ day of
,2007.
MAYOR
ATTEST:
City Clerk
SECTION NO.:
FM NO.(s):
COUNTY:
S.R. NO.:
Palm Beach
806
DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of 20-, by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the DEPARTMENT and the City of
Delray Beach, a political subdivision of the State of Florida, existing under the Laws of Florida,
hereinafter called the AGENCY.
WIT N E SSE T H:
WHEREAS, the DEPARTMENT has jurisdiction over State Route 806 as part ofthe State
Highway System; and
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has
constructed and does maintain the highway facility as described in Exhibit A attached hereto and
incorporated by reference herein, within the corporate limits of the AGENCY; and
WHEREAS, the AGENCY is of the opinion that said highway facilities that contain
landscape medians and areas outside the travel way to the right of way line, excluding standard
concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing,
litter pick-up, necessary replanting, irrigation repairs, and median concrete replacements as needed;
and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution No. dated , 20_,
attached hereto and by this reference made a part hereof, desires to enter into this Agreement and
authorizes its officers to do so;
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation
and/or hardscape on the highway facilities substantially as specified in the initial plans and
specifications hereinafter referred to as the Project and incorporated herein as Exhibit B. If
there are any major changes to the plans, the Department shall provide the modified plans
and the AGENCY shall provide their approval or disapproval within 10 business days. The
S:\FllgAdminProjccls'2006<:W06-045\OFFfCIAL\DOT Build MOA agenda draftdoc
Department may elect to withdraw the landscape if changes are not approved wihin the given
time frame. Hardscape shall mean any non-standard roadway, sidewalk or median surface
such as, but not limited to interlocking concrete or brick pavers, stamped asphalt and
stamped concrete.
2. The AGENCY agrees to maintain the landscape and irrigation within the medians and areas
outside the travel way to the right of way line by periodic trimming, cutting, mowing,
fertilizing, curb and sidewalk edging, litter pickup and necessary replanting, following the
DEPARTMENT'S landscape safety and plant care guidelines. The AGENCY'S
responsibility for maintenance shall include all landscaped/turfed areas and areas covered
with interlocking pavers or similar type surfacing (hardscape) within the median and areas
within the travel way to the right of way line, including paver sidewalks, paver intersections
and all paver header curbs, stamped asphalt and concrete areas. It shall be the responsibility
of the AGENCY to restore an unacceptable ride condition of the roadway caused by the
differential characteristics of the paver brick and/or the header curb on Department of
Transportation right-of-way within the limits of the Project.
Such maintenance to be provided by the AGENCY is specifically set out as follows:
To maintain, which means the proper watering and fertilization of all plants and keeping
them as free as practicable from disease and harmful insects; to properly mulch the plant
beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to
properly prune all plants which includes: (1) removing dead or diseased parts of plants, or (2)
pruning such parts thereof which 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 or replacing those that fall below original Project standards. All plants removed
for whatever reason shall be replaced by plants ofthe same size and grade as specified in the
original plans and specifications. To maintain also means to keep the hardscape areas free
from weeds and replacement of any areas becoming in disrepair so as to cause a safety
hazard. To maintain also means to keep litter removed from the median and areas outside
the travel way to the right of way line. Plants shall be those items which would be
scientifically classified as plants and include but are not limited to trees, grass, or shrubs.
If it becomes necessary to provide utilities to the median or side areas (water/electricity) for
these improvements, all costs associated with irrigation maintenance, impact fees and
connections as well as on-going cost of water are the maintaining AGENCY'S
responsibility.
The above named functions to be performed by the AGENCY, may be subject to periodic
inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such
inspection findings will be shared with the AGENCY and shall be the basis of all decisions
regarding, repayment, reworking or Agreement termination. The AGENCY shall not change
or deviate from said plans without written approval of the DEPARTMENT.
S:\Fng:\dmin\Projects\2006\2006-045\OFFICIAL\DO"r BuildMOA agenda draft. doc
3. If at any time after the A GEN CY has assumed the landscape installation and/or maintenance
responsibility above-mentioned, it shall come to the attention of the DEPARTMENT'S
District Secretary that the limits or a part thereof is not properly maintained pursuant to the
terms ofthis Agreement, said District Secretary may at his option issue a written notice that a
deficiency or deficiencies exist( s), by sending a certified letter to the AGENCY, to place said
AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30)
calendar days within which to correct the cited deficiencies. If said deficiencies are not
corrected within this time period, the DEPARTMENT may at its option, proceed as follows:
(a) Maintain the landscape or a part thereof, with DEPARTMENT or contractor's
personnel and invoice the AGENCY for expenses incurred, or
(b) Terminate the Agreement in accordance with Paragraph 7 of this Agreement and
remove, by DEPARTMENT or contractor's personnel, all of the
landscape/hardscape installed under this Agreement or any preceding agreements
except as to trees and palms and charge the AGENCY the reasonable cost of such
removal.
4. It is understood between the parties hereto that the landscape covered by this Agreement may
be removed, relocated or adjusted at any time in the future as determined to be necessary by
the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise
changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY
shall be given sixty (60) calendar days notice to remove said landscape after which time the
DEPARTMENT may remove same. All permits (including tree permits), fees, and any
mitigation associated with the removal, relocation or adjustments ofthese improvements are
the maintaining AGENCY'S responsibility.
5. The DEPARTMENT agrees to enter into a contract for the installation oflandscape Project
for an amount not to exceed $ 130t~008 as defined in Exhibit C.
The DEPARTMENT'S participation in the Project cost, as described in Exhibit C is limited
to only those items which are directly related to this Project. The AGENCY shall be invited
to assist the DEPARTMENT in final inspection at the end of the contractor's 365 day
warranty and establishment period.
6. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the
Project, should the landscape/hardscape areas fail to be maintained in accordance with the
terms and conditions of this Agreement.
7. This Agreement may be terminated under anyone 0) of the following conditions:
(a) By the DEPARTMENT, ifthe AGENCY fails to perform its duties under Paragraph
3, following ten (10) days written notice.
(b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all
S:\EngAdmin\Projecls\2006\2006-045\OFFlC:IAI \Dor BuildMOA agenda draH.doc
documents, papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the AGENCY in conjunction with this
Agreement.
8. The term of this Agreement commences upon execution.
9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the
DEPARTMENT, its officers and employees from all suits, actions, claims and liability
arising out ofthe AGENCY'S negligent performance ofthe work under this agreement, or
due to the failure ofthe AGENCY to maintain the Project in conformance with the standards
described in Section 2 of this Agreement.
10. The AGENCY may construct additionallandscape/hardscape within the limits ofthe rights-
of-ways identified as a result of this document, subject to the following conditions:
(a) Plans for any new landscape/hardscape shall be subject to approval by the
DEPARTMENT. The AGENCY shall not change or deviate from said plans
without written approval by the DEPARTMENT.
(b) All landscape shall be developed and implemented in accordance with appropriate
state safety and road design standards;
(c) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscape installed;
(d) No change will be made in the payment terms established under item number five (5)
ofthis Agreement due to any increase in cost to the DEPARTMENT resulting from
the installation of landscape added under this paragraph.
11. This writing embodies the entire Agreement and understanding between the parties hereto
and there are no other Agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
12. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation ofthis subsection is null and void, and no money may be
paid on such contract. The DEPARTMENT shall require a statement from the Comptroller
of the DEPARTMENT that funds are available prior to entering into any such contract or
other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding one (1) year, but any contract so made shall be executory
only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal
years; and this paragraph shall be incorporated verbatim in all contracts of the
DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND
DOLLARS ($25,000.00) and which have a term for a period of more than 1 year.
S:\EngAdmin\Projecfs\2006\2006-045\OFFICIAt.\DOr BuildMOA agenda draH.doc
13. The D EP AR TMENT'S District Secretary shall decide all questions, difficulties and disputes
of any nature whatsoever that may arise under or by reason of this Agreement, the
prosecution or fulfillment of the service hereunder and the character, quality, amount and
value thereof; and his decision upon all claims, questions and disputes shall be final and
conclusive upon the parties hereto.
14. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
15. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida. In the event of a conflict between any portion ofthe contract and Florida law, the
laws of Florida shall prevail.
16. Any and all notices given or required under this Agreement shall be in writing and either
personally delivered with receipt acknowledgement or sent by certified mail, return receipt
requested. All notices shall be sent to the following addresses:
If to the Department:
State of Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, FL 33309-3421
Attention: Elisabeth A. Hassett, R.L.A.
FDOT District IV Landscape Architect
Ifto the Agency:
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Attention: Randal L. Krejcarek, P .E.
City Engineer
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the
day and year first above written.
AGENCY
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
By:
Chairperson
Transportation Development Director Date
Attest:
Clerk
(SEAL)
Attest:
Executive Secretary
(SEAL)
Approval as to Form
Date
Approval as to Form
Date
S:\EngAdmin\Projecls'2006\2006-045\OFI;'lCJAL\DOT BuildMOA agenda draH.doc
I. PROJECT LOCATION:
State Road 806 from (M.P.
II. PROJECT LOCATION MAP:
EXHIBIT A
to
SECTION NO.:
FM NO.(s):
COUNTY:
S.R. NO.:
(M.P.
Palm Beach
806
S:\EngAdmin\Projecrs\2006\2006-045\OFFICIAL\DUI BllildMOA agenda draft.doc
SECTION NO.:
FM NO.(s):
COUNTY:
S.R. NO.:
Palm Beach
806
EXHIBIT B
The DEPARTMENT agrees to install the Project with a contractor in accordance with the plans
and specifications attached hereto and incorporated herein.
Please see attached plans prepared by
Dated
S:\EngAdmin\Projecfs\2006'2006-045\OFFICIAL\1)(JI' B\lildMOA agenda draH,doc
SECTION NO.:
FM NO.(s):
COUNTY:
S.R. NO.:
Palm Beach
806
EXHIBIT C
PROJECT COST
This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida, Department of
Transportation and the AGENCY.
Dated
I.
APPROXIMATE PROJECT COST:
S:\EngAdmin\Projects\2006\2006-045\OFFICIAL\DUT B\li'ldMOA agenda draft.doc
Date:
29 J an 2007
AGENDA ITEM NUMBER:~
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
06 Feb 2007
Description of Agenda Item (who, what, where, how much):
Request for Commission approval/authorization for Mayor to execute Maintenance
Memorandum of Agreement with Florida Department of Transportation (FDOT) for
the installation of public art under the Atlantic Ave Bridge. FDOT requires the City
be responsible for maintaining any public art placed on or under the bridge.
Staff Recommendation: ~oval
Department Head Signature: ~ _ ./f~
1.--1'" 01
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: e No Initials: 4-
Hold U nti!:
Agenda Coordinator Review:
Received:
s: \EngAdmin \Projects \2006\2006-045 \OFFICIAL \2007 -02-06 agenda.doc
~
FROM:
DA~~~TY MANAGER
PAJ c;}ORLlNG. A1~ DIRECTOR OF PLANNING AND ZONING
SCOTT D. PAPE, AICP, SENIOR PLANNER
TO:
THRU:
SUBJECT:
MEETING OF FEBRUARY 6, 2007 *** CONSENT AGENDA***
AUTHORIZATION TO PROCEED WITH EXOTIC VEGETATION REMOVAL
ASSOCIATED WITH THE BEACH RENOURISHMENT PROJECT
The CIP (Capital Improvement Program) has allocated $50,000.00 per year (Account No. 332-
4164-572-34.90) for four consecutive years beginning in fiscal year 2003-2004 for dune
revegetation. This restoration work will be conducted consistent with the City's Dune Management
Plan adopted by the City Commission on January 10, 1995. These tasks include Sea Grape
trimming, mechanical removal of exotic vegetation and replanting the dune system with appropriate
native landscape material. To date, the City has removed the exotic vegetation from the northern
six sections of the City beach and replanted with native landscaping that is appropriate for this
ecosystem. The Seagrape trimming of the remaining sections of the beach north of Atlantic
Avenue is currently underway. Further, the Seagrape trees for two sections of the beach south of
Atlantic Avenue have been trimmed.
The next step includes the removal of the exotic vegetation south of Atlantic Avenue, which needs
to be completed prior to the start of the turtle nesting season on March 1 ~t. This will be followed by
the trimming of the Seagrape trees and revegetation of the remaining sections of the beach south
of Atlantic Avenue. The Universal Beach Service Corporation has submitted the attached quote for
the removal of the exotic vegetation. This quote includes the removal of approximately 1,340 cubic
yards of vegetative material from the southern 9 sections of the City beach. It is noted that
Universal Beach Service Corporation conducted the exotic vegetation removal for the northern
sections of the beach. This company has the specialized equipment and knowledge of the City
beach and can accomplish this task in the short time window before March 1,2007. The quote for
$18,500.00 includes the uprooting, hauling, and disposal of the exotic vegetation.
Funds are available from the Long Range Erosion Control Budget and 78.16% of the project cost
will be reimbursed by Federal and State agencies. The balance (21.84%) or $4,040.00 will be the
local cost and has been budgeted.
Authorize the exotic vegetation removal by Universal Beach Services Corporation ($18,500.00)
with funding from the Beach Restoration Fund Account No. 332-4164-572-34.90.
Attachment:
Universal Beach Service Corporation Quote
8'.Q
~
--..
............... ~ ...............
UNIVERSAL
BEACH SERVICES CORP.
107 Northwest Ninth Street
Delroy Beach. FL 33444
561) 272-1400
Fax (561) 276-6709
January 22, 2007
Mr. Scott Pape
Planning and Zoning Dept.
City of Delray Beach
Dear Scott:
Robert Barron had requested I submit a proposal for the removal of exotic plants
in the dune system at the south end of the public beach. 1 have approximated the square
yardage and volumes of this plant material from Casaurina road north to the Sandaway
House. Of the 9 areas identified there is some 850 sq. yds. to be uprooted, hauled and
disposed of. The heights vary from 1 yd. to almost 3 yds. in some spots. The volume
then averages out to some 1340 cu. yds. Realistically this volume should compact down
to between !Iz and 1/3 when loaded in the trucks. With the proper traffic cones and timing
we should be able to bring the trucks up close to the removal site. For loading, we would
also be required to temporarily remove and replace the snow fencing along the way. Our
technique and tools for uprooting and picking upthis material is fast and thorough. This
allows for a minimum of interruption to the normal beach traffic throughout the day.
Based on the jobs undertaken and similar in size I would anticipate the cost to be
right at $18,500.
Uprooting the undesirable plant material right next to mature plants (sea grapes
etc.) requires careful handling and some hand tools to leave the desirable plants
undisturbed.
Fi.ECEi'/ED
JAN 2 5 2007
PLANNING & ZONIN:G
.
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
David T. Harden, City Manager
.Q!t'Robert A. Barcinski, Assistant City Manager
FROM:
DATE:
January 30, 2007
SUBJECT:
Agenda Item - City Commission Meeting February 6, 2007
Special Event Request - A VDA 5K Walk/Run
Action:
City Commission is requested to endorse the 10th Annual Aid to Victims of Domestic Abuse,
Inc. 5K WalklRun to be held on Saturday, October 13, 2007 from 7:30 a.m. until approximately
noon, with set up at 5:30 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the
use of Anchor Park and the City right-of-way along Ocean Boulevard from Casurina to George
Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lot, and to authorize
staff assistance for providing traffic control, barricading, signage, trash pick up and removal, and
set up and use of the small stage.
Back2round:
Attached is the permit we received from Pam O'Brien, on behalf of A VDA, to hold their 10th
Annual 5K WalklRun on Saturday, October 13,2007 with set up beginning at 5:30 a.m. and the
event to start at 7:30 a.m. The route requested is on A-1-A from Casurina to George Bush
Boulevard. A VDA volunteers will assist with marshals and will provide assistance with clean
up. The stage will be set up in the park on Friday. The estimated overtime costs for the event is
approximately $2,580 and stage rental is $535. Per event policies and procedures the charge for
City services will be approximately $1187. A budget and site plan for the event is attached.
EMS services will not be needed. A VDA does not, as yet, have a newspaper sponsor but they
are trying to get the Palm Bach Post as their print media sponsor.
Recommendation:
Staff recommends approval of the event, the temporary use permit, and the waiver of parking
fees from 7:30 a.m. until noon. We also recommend authorization to provide staff assistance for
traffic control, barricading, signage, clean up and stage set up and use, contingent on the sponsor
providing the required liability insurance.
RAB/db
Attachment
U:\Agenda\Agenda Memo A VDA 5K Walk Run 2007.doc
~
g.R
12.
13.
14.
15.
16.
City of Delray Beach
Special Event Permit
Application
DaltAYB"~
,
1993
2001
RECEIVED
NOV 1 ?fl~n
f.\S:::' i -.::, i !--\l ,~
CITY rvlAf\,J:C\,GP
PLEASE PRINT
Event Approved/Denied
Approved/Denied by
1. Event NamelTitle: ...ilJl.b Ii
2. Event Date(s): ~
Vt' ~npr
Date of Approval/Denial
Title
5 K. ~un J WaJ 1<: dJ...Ooi
Event Time(s):
13 200 1 5 ~ 30 OL""'" - (B>~
~
3.
4.
5.
6.
7.
8.
Event Sponsor/Producer: Av hA {A-ld i'b \I' lc.:h tn, ~ Do~~b..c.hou.~ Tr,~ ~
Event Contact/Coordinator: ~e.V\"~(" fYl~~~~ I
Address: .pO Rox (01(0\ . _\('a~ _~:3---e. 3 ~q8OL
Telephone Number: tJ(aJ 2t.c;-37t17 Cell. ar Number: 'I./Dd-.-J
E-mail Address: JJr h~~~:i&~ - -9-1... c..o.........
Event Description: r H...-;-n lie:::.. +n. ro I Sf' . ",. 'rn- e~s. S ("')+-
CU,rnP~h'L Ahu~ an(l ~n~s ~(' AihA
9.
(If neighborhood block party, then please skip questions #10-35 and go to
question #36)
Sponsor Category: (please check) City 0 Non-Profit/Charitable"- Private 0
Co- Sponsor - Non-Profit/Private 0 r
(If Non-pro. fit attach proof of 501c(3), c(4), 9l.6), c(10) or c(19)) ( ()
Event Location/Address: f}.nc.hhr :t::a-rJr" Del~ i1enrJ., /' f.....{....
10.
Site plan attached: yes V no
(Site plan required for entire event site)
Event budget attached: yes ,/ no
(Required for all events)
Serving or selling alcoholic beverages: yes no V
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
Event certificate of insurance attached: yes no I J
(Required two (2) weeks prior to event naming the City as additional insured, a
required for vendors) /
Playing of amplified music: yes V no
(Waiver required) . /
Requesting Police assistance: yes V no
(Traffic control/security)
1
28.
29.
30.
31.
32.
33.
34.
17.
/
Will supplement with private security: yes
(If yes, need plan ~ttached) /
Requesting Emergency Medical assistance: yes v' no
Requesting barricade assistance : yes ~ _ no
Requesting trash removal/clean up assistance: yes tA~S's:!fno,~ ~
Requesting trash boxes and liners: yes~ no
Requesting stage use: yes~ no
(If yes, check type)
Large stage covered 0 Large stage no cover ~Small stage 0 Half small
stage 0
Requesting signage: yes
Type: Event sign l4'x4') Directional signs
Banner hanging Indicate dates required
(Waiver required if more than one (1) week prior to event)
Food and beverage vendors: yes no
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor which is due no later
than one week prior to the event
no
18.
19.
20.
21.
22.
23.
y/
no
24.
/
25.
26.
27.
no
no
no
v'
.~
Health Department approval: (see attached) yes
Other vendors: yes
Tents: yes
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides? requiring state approval? /.
yes no \L-
(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 iflsurance)
yes
v'
~
/'
V
Will the event be gated?
(Show on-site map)
Will there be fireworks or other pyrotechnics? yes
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas? yes
(If yes, contact Fire Marshall)
Will you be providing port-a-Iets for the event? yes no
(If yes, locate on-site map_ If no, indicate how you will handle restroom
needs) w, 1\ t..t.s.e.. Anc.Vlor .pArll. ~d I'~ L~
Will there be a charge for the event? yes no ~
(If yes, indicate ticket prices)
Is reserved parking requested? yes./ no
(If yes, inJJicate 10cations)..1 IIV\ _ L" 0 t'1 ~ uoll.ln /-cJe,.-s ....tar hu &61-
70 wf'JrJ-e, p~r~ln~ rI/~ '1""'~.s TO v' . ,---'
Ancn()(' Ya.,.. J~ J Ai t+ I SLtncl OCO~ Paf' k ~ ~ ~ 16 on
6ltusbn 5t 30 ()..,tY1 - II: 00",- t'Y\
2
no
no
no
p~3qyv--
35. Nei hborhood Block Parties 'Hei 'hborhood block arties ani
· Is 'evl:tnt sponsored by the Homeowner's Assooiation? yes_ no_ .
(If not, th.,m lndivldua/(s) submitting permit application must also submit a
petition sWned by 51% of the homeowner.s who liveon the. block)
· PleJi~e note the folJowing:1) Approvals will only be glve!l. fOr a thone C<ityl)
. bla,: area 2) Pennit applications must be received in Writing by e
Mal, tger's Office at least thjrty (30) days prior to the event.3)
Co Sumption or sale of alcohol on City rights-of-way will not be
~ermittted.4) Structures other than barricades are not allowed in City
nghts-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.
(
IO)~ JJO ~
Date
Please enclose the approrriate non-refundable application fee payable to the City of
Defray Beach, 100 IIJ.W. 1$ Avenue, Delray Beach, Florida 33444.
For Staff U$e only,.....; lItO 1-
Date ReceiVed - f(1
Application fee received $ /tJt)
Site map
BUdget
Certificate of insural1lce
Hold Harmles,s agreement
Security plan
Waiver alcoholic beverage
Railroad approval_
Coast Guard approvl!ll
501 c(3) or (d) certificate or letter
HeaJth Department approval
Fire Inspector approval
Police Department approval
Public Works approYial
Parks and Recreation approval
City Commission app,roval
3
E0/E0 3Sll;;ld
tJQAl;;I
l01l99l199
19:pl 900l/11/l1
I
I
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I
I
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I
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I
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-
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UI IIi
--.......
....~......_-....-...
---411l1li_
- -.-...--
-----.--
+~
· 111
/-,
\
,.-....",
7.j;l/TCl
':!I:'}H...l
HfTAH
7n T7,...n"7' Tn,...
____J..,._.t~_
5k 2007 BudtletlF'&L . Rev 1211120011
l13/l13 39lJd
A VDA 51< RunIWalk
Budget - 2007 Event
Revenues
Sponsors
Pa rtic;pant & contributions
No sweat/general donations
Anticipated revenue
EXI:)enses
Pelmit
Art Work for T Shirt printing/posters
PoHtcards-printing
Ad for event
81g 1age
Po~;tage
Tshirts
Pla';ques & medals
Dta(lorations
Labor - set up
Uh~.ur/gas
AOCUChip USA
Cay of De/ray Beach
D.l Entertainment
Anticipated expenses
Net Incorne
IJOAIJ
33,500.00
11,500.00.
1,600.00
50.00
225.00
150.00
325.00
300.00
315.00
1,000.00
225.00
175.00
200.00
100.00
750.00
3,500..00
400.00
46,600~00
7.715.00
38.885.00
l131l99l199
1 of 1
92::131 913132:/113/2:1
e
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
FROM:
DATE:
January 30, 2007
SUBJECT:
Agenda Item - City Commission Meeting February 6, 2007
Special Event Approval- Saint Patrick's Day Parade
Action:
City Commission is requested to approve a request to conduct the 39th Annual Saint Patrick's Day
Parade proposed to be held on Saturday, March 17, 2007 beginning with set up at noon, parade
starting at 2:00 p.m. and ending at approximately 3:30 p.m., and to grant a temporary use permit
per LDR's Section 2.4.6(F) for the use of Atlantic Avenue from Venetian Drive to NW 1 sl Avenue
for the parade and Venetian Drive and Gleason Street for staging of parade entries. Commission is
also being requested to approve staff support for traffic control and security, barricading, trash
removal, assistance in obtaining the FDOT permit and to allow event signage to be put up 10 days
prior to the event.
BackflTound:
Attached are a special event application, site plan and budget received from Edward Gallagher on
behalf of the St. Patrick's Day Events, Inc. Commission is requested to approve the parade and
provide staff support for traffic control and security, clean up, barricading, EMS assistance,
assistance in preparing the FDOT permit and to allow event signage to be installed 10 days prior to
the event. The parade will start at 2:00 p.m. and end approximately 3:30 p.m. Venetian Drive and
Gleason Street will be utilized to stage the parade entries and we would close these streets by noon.
Estimated overtime for the event is $5,960, and the barricade rental costs $250 for a total of $6,21 O.
Per event policies and procedures the event sponsor will be required to pay approximately $2,235.
The parade will end on NW 1 sl Avenue just as the Holiday Parade does. As of this date the event
sponsor had not obtained a sponsorship from a newspaper but they are pursuing the Palm Beach
Post.
Recommendation:
Staff recommends approval of the event request, the temporary use permit and providing staff
support as requested with the following conditions:
1. The event sponsors provide the City with the required liability msurance and Hold
Harmless Agreement by March 5th.
2. Event signage not to be put up any earlier than March 7, 2007.
RAB/db
Attachment
U:\Agenda\Agenda Item St. Patick's Day Parade 2007.doc
01\
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1/ '(.ii'
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City of Delray Beach
Special Event Permit
Application
PLEASE PRINT
1993
2001
Event NamefTitle:. <77,
Event Date~~ ~..
iT 07
'LJ..vt-~
Date of Approval/Denial
Title
r . .
J>4Tt 1l~l(s ~ \/ p,l.J,<+f> tF"' 39~
EVAt Time~):
7- ifl1. -- '3Dp
^-'8l)r) l)~.' .cIl~ / (pJ~tn-1...
Event Approved/Denied
Approved/Denied by
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Event Sponsor/Producer: . l.'. .'
Event Contact/Coordinator:.. ~..;t./.,,"'~; c' '.
Address: ...'; ............ ..,. ... .. ..~\~,i,~..' ..::V~
~.~::.i~~~~r.~~~ber: !-~~lj;N~ . ~~ ~7!>
Event DeSCription: : ... . ... .. ..:1;. .... ... ...T'ff. ;. .
12.
(/f neighborhood block party, then please skip questions #10-35 and go to
question #36)
Sponsor Category: (please check) City 0 Non-Profit/CharitableX Private 0
Co- Sponsor - Non-Pro.fitlPrivate 0
(If Non-pl'i. ofi! attach proof of~01c(3),c(4), c(6), c(10) or c(19)) _. I
Event Location/Address: I1nllWT1~. Av~v~ f?Io~ v'pVlT1~
VJ ~ 7Q N4J ,or;r 'tv,;::" ?"VAN Ilc6lfr ",.. I:--..JA <!!Ie
It cl-y .~,. f)N.KIN(; /,..D-r -
Site plan attached: . yes V
(Site plan required for entire event site)
Event budget attached: yes
(Required for all events) V'
Serving or selling alcoholic beverages: yes no
(If yes, copy of license and alcoho/liability insurance required two (2) weeks prior
~~~.. ~
Event certificate of insurance attached: yes no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors) V
Playing of amplified music: yes no
(Waiver required) - ./
Requesting Police assistance: yes V no
(Traffic control/security)
no
v
no
13.
14.
15.
16.
1
Will supplement with private security:
(If yes, need plan attached)
Request~ng Em~rgency M.edical assistance: yes. 1/
Req uestlng barricade assistance : yes ~
Requesting trash removal/clean up assistance: yes v
Requesting trash boxes and liners: yes V
Requesting stage use: yes
(If yes, check type)
Large stage covered 0 Large stage no cover 0
stage 0
Requesting sJgna~~ . :::'? yes
Type: Event sig~ Directional signs
Banner hanging ... ... . Indicate dates required
(Waiver required ifmore than one (1) week prior to eveDt)
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
Small stage 0 Half small
./
AJ 14
17.
yes
./
18.
19.
20.
21.
22.
23.
no
no
no
no
no
no
v'
no
24.
Heaith Department approval: (see attached) yes
Other vendors: yes
Tents: yes
(Iiyes, tent permits and fire inspections maybe needed)
Will the event include amusement rides? requiring state approval?
yes no
(If yes, type and location and copy of liability insurance requiredJ(Also,
please provide the name, address and contact phone number for each
amusement provider along with copies of their liability insurance)
25.
26.
27.
28.
no
no
no
........
..........;0
V
V'
29.
30.
31.
yes
no
/'
V
Will the event be gated?
(Show on-site map)
Will there be fireworks or other pyrotechnics? yes
(If yes, contact Fire Marshall)
. Will there be cooking with compressed gas? yes
(If yes, contact Fire Marshall) ~
Will you be providing port-a-Iets for the event? yes no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs) ~
Will there bea charge for the event? . yes no V.
(If yes, indicate ticket prices) v'"
Is reserved parking requested? yes , no
(If yes, indicate locations)
32.
33.
34.
2
no
v
~
no
, .
.
,
35. Nei hborhoodBlock PartiesNe' ,hborhoodblock arties ani
. 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 win not be
permitted.4) Structures other than barricades are not allowed in City
rights-of-way.5) Homeowners Association will. be required to pay aU
overtime costs that may be incurred as a result of City staff involved in the
event.
Date
Please enclose the appropriate nono;refundabte application fee payable to the City of
Delray Beach, 100N.W.1st Avenue, Delray Beach, Florida 33444.
For Staff Use Only L
Date Received. I /~ 07
Application fee received $ -I>/tIJ I!Irb
Site map
Budget
Certi'ficate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval .
Coast Guard approval
5010(3) or (d) certificate or letter
Health. Department approval
Fire Inspector approval .
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
.
3
. .
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PFtOJ'ECTED.INeaMSE:XPENSE '01'28817 . PARADE
IN~I:
EXPEND
$8,088 -$".0,000
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Community
Improvement
0/\
p7v\
Memo
To: David Harden, City Manager
From: Lula Butler, Director, Community Improvement
Date: February 2, 2007
Re: Memorandum of Agreement Between the City of Delray Beach and the
Community Child Care Center and Children's Case Management Organization
for Beacon Center Services for Fiscal Year 2006/07
Ll?
ITEM BEFORE THE COMMISSION:
Approval of the Agreements between the City of Defray Beach and Achievement Centers for
Children & Families and Families First of Palm Beach County, as the non-profit partners
responsible for carrying out the services under the City's Contract with Children's Service
Council of Palm Beach County at the Village Academy Beacon Center.
BACKGROUND:
The Commission approved the formal Agreement between the City and CSC for Fiscal Year
2006-07 at the regular meeting of September 19, 2006. The required sub recipient
agreements between the City and the non-profit partners are now submitted for City
Commission approval. There are two (2) separate agreements submitted with this agenda
item as follows:
. Agreement between the City of Delray Beach and the Community Child Care
Center, doing business as Achievement Centers for Children and Families
subcontracting the Beacon Center Services in the amount of $669,874.
. Agreement between the City of Delray Beach and the Children's Case Management
Organization doing business as Families First of Palm Beach County for Children's
Case Management Services at the Beacon Center in the amount of $183,748.
RECOMMENDATION:
Staff is recommending approval of the Agreements between the City of Delray Beach and the
two non-profit partners responsible for carrying out the approved services and program
provided through the Beacon Center at Village Academy for Fiscal Year 2006-07.
~T
Page 1 of 1
Smith, Douglas
From: Shutt, Brian
Sent: Friday, February 02, 2007 1 :02 PM
To: Smith, Douglas
Subject: RE: Beacon Center Services Agreements
Both agreements are legally sufficient.
Brian Shutt
From: Smith, Douglas
Sent: Friday, February 02,2007 11:34 AM
To: Shutt, Brian
Subject: Beacon Center Services Agreements
Brian,
Could you send me an email regarding your review/preparation of the two agreements for the Beacon Center Services? Donna
informed me that you worked with Lula on these agreements.
Thanks,
Doug Smith
Assistant City Manager
City of Delray Beach
100 NW First A venue
Delray Beach, FL 33444
Phone: (56]) 243-7]44
Fax: (56]) 243-7]99
Emai1: smithd@ci.delray-beach.fl.us
2/2/2007
AGREEMENT
THIS AGREEMENT, made this day of February, 2007, by and between
the CITY OF DELRAY BEACH, a municipal corporation, (City), 100 NW 1st Avenue,
Delray Beach, FL 33444 and CHILDREN'S CASE MANAGEMENT ORGANIZATION,
(CCMO) d/b/a Families First of Palm Beach County, 1720 E. Tiffany Drive, Suite 101,
West Palm Beach, FL 33407.
WITNESSETH:
WHEREAS, the City received a grant in the amount not to exceed $853,622 from
the Children's Service Council (CSC) of Palm Beach County, in support of the Beacon
Center at Village Academy Elementary School, located at 400 SW 12th Avenue, Delray
Beach, FL, 33444.
WHEREAS, the City desires to subcontract with the Children's Case
Management Organization, (CCMO) a local not-for profit organization, to carry out the
Service and activities associated with the Beacon Center at Village Academy
Elementary School.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency which are hereby acknowledged, the parties hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that
the above recitals are accurate and correct and hereby incorporate them
as if fully set forth in this Agreement.
2. Term: This agreement shall commence on October 1, 2006 and terminate
on September 30,2007 with an option to renew annually. This Agreement
shall be contingent upon the City's receipt of grant money from the
Children's Service Council of Palm Beach County for the Beacon Center
at Village Academy Elementary School.
3. Payment: Subject to Paragraph 2 above, transfers from the City to
CCMO will be made in accordance with the following procedures:
a) The City agrees to reimburse to CCMO for provision of services
described in Exhibit "A" (consisting of the Program Compliance Items)
attached hereto and made a part hereof; composite Exhibit "B"
(consisting of the City's Budget, attached hereto and made a part
hereof; and Exhibit "C" (consisting of the Beacon Center Activities)
attached hereto and made a part hereof to the extent provided in
subparagraph c) below. It is expressly understood and agreed, by and
between the parties, that the services to be rendered hereunder by
CCMO shall be provided in compliance with all terms and conditions
set forth in the Exhibits "A", "B" and "C" as well as the terms and
conditions of this formal Agreement between the City and CCMO.
/
b) The total Payment for services rendered pursuant to this Agreement
shall be up to $183,748 for October 1, 2006 through September 30,
2007 and made to CCMO monthly on a reimbursement basis. CCMO
shall submit an invoice to the City by the 10th day of each month
following the month in which the services were provided. The invoice
will include documentation reflecting all expenditures made by CCMO
under this Agreement, in whatever form reasonably required by City.
Subject to the availability of funds, the City will provide reimbursement
to CCMO within 30 days after receipt of the invoice. CCMO shall
submit a final invoice to the City no later than October 10, 2007 (with
appropriate documentation). The City will not reimburse CCMO for
any expenditure made by CCMO after September 30,2007.
The City has the discretion to decrease CCMO's allocation based upon
the program's inability to meet the parameters outlined in the program
model and/or the inability to maintain program capacity based upon
quarterly reviews.
4. Reduction in Payment: Notwithstanding anything herein to the contrary,
the parties agree that the dollar amount set forth in paragraph 3 above
may be reduced in the event that the City determines that CCMO will not
spend the entire amount allocated by September 30th fiscal year end.
This determination may be made (a) during the course of reviewing a
budget revision submitted by CCMO pursuant to the City's procedures or
(b) based upon the City's monitoring of CCMO's program and its
expenditure history. Before any such reduction becomes final, CCMO will
be notified in writing of the proposed action and shall have the opportunity
to address the City's Board regarding the proposed reduction. The
decision of the City's Board on this issue shall be final. If the City reduces
the dollar amount, CCMO may terminate this Agreement upon five (5)
days notice in writing to the City. The City shall reimburse CCMO for all
monies expended up to and including the effective date of the termination.
5. Overoavment: CCMO agrees to return to the City any
overpayments made through inadvertence or miscalculation or because
payment is disallowed as not having been properly earned under this
Agreement. Such funds shall be refunded in full by CCMO to the City as
follows:
a. Within twenty (20) days from the date of written notification by the
City to CCMO of overpayment or disallowance; or
b. Within thirty (30) days following the end of this Agreement.
c. The City shall have the right to deduct from any subsequent
payment request submitted by CCMO, the amount of any
overpayments or disallowed funds.
2
6. Suspension of Payment of Funds: The City may, for reasonable
cause, suspend the payment of funds pending corrective action by CCMO
or pending a decision by the City to terminate this Agreement. The City
may, for reasonable cause, prohibit CCMO from incurring additional
obligation of any funds received from the City, pending corrective action
by CCMO or a decision to terminate this Agreement. Said suspension of
payment of funds or obligation thereof may apply to all or part of CCMO's
operations funded by the City.
7. CCMO agrees to comply with all CSC certification documentation
requirements including, but not limited to:
· CSC Nepotism Policy Certification;
· Personnel Policies and Procedures;
· Job Descriptions of all funded staff positions;
· Certificates of insurance (liability, and theft and auto if capital
equipment or vehicle was purchased with Contractor funds);
· License(s) to operate agency/program, if applicable;
· Current list of Subcontractor's board members;
· Sales Tax Exemption Certificate;
· Service site(s) Fire Inspection Certificate(s), if applicable;
· Service site(s) Health Inspection Certificate(s), if applicable
Said documentation will be retained on file with the City.
8. The CCMO agrees to provide program data on a quarterly basis, and in a
format as requested by the City, as well as fiscal reports as requested by
City.
9. Indemnification: CCMO shall defend, indemnify, save harmless and
exempt the City, its officers, agents, servants, and employees from and
against any and all suits, actions, legal proceedings, claims, demands,
damages, costs, expenses, and attorneys fees resulting from injury to or
death of persons or damage to property arising out of or resulting from the
Contract or from work done by CCMO or its subcontractors in the
performance of the Contract except to the extent caused by the sole
negligence of or breach of contract by the City. In connection with any
legal proceedings arising hereunder, the City reserves the right to retain
counsel of its choice and at its own expense, or in the alternative, to
approve counsel obtained by CCMO.
10. Independent Contractor: CCMO is performing the services and duties
required hereunder as an independent contractor and not as an employee,
agent, partner of, or joint venture with the City. CCMO shall assume sole
and exclusive responsibility for payment of wages to all employees for
services performed by them under this Agreement. CCMO shall, with
respect to said employees, be responsible for withholding federal income
3
taxes, paying federal social security taxes, maintaining unemployment
insurance and maintaining worker's compensation coverage in amounts
required by applicable federal and state law.
11. Insurance: CCMO shall provide the City with Comprehensive General
Liability Insurance in the amount of $1,000,000.00 per occurrence naming
the City as an additional insured, with a thirty (30) days notice of
cancellation provision. CCMO shall provide Worker's Compensation
Insurance as required by law and Automobile Insurance in the amount of
$500,000.00, naming the City as an additional insured.
12. Notices: All notices required hereunder shall be in writing and shall be
addressed to the following representative of the part parties:
For the City:
David Harden, City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
For CCMO:
Julie Swindler,
Executive Director
1720 East Tiffany Dr.
Suite 101
West Palm Beach, FL 33407
13. Termination: In the event funds to finance this Agreement become
unavailable to the City, the City may terminate this Agreement upon no
less than five (5) days written notice to CCMO. The City shall be the final
authority as to the availability of funds.
Notwithstanding any other provision of this Agreement, the City may
terminate this Agreement for any breach by CCMO. If the City intends to
terminate this Agreement, notice shall be provided in writing to CCMO no
less than twenty-four (24) hours prior to the effective date of the
termination. The City's failure to terminate or suspend a CCMO for past
breaches of this Agreement shall not be construed as a waiver of its right
to demand strict compliance with the terms of the Agreement or to
terminate for said breaches or similar breaches, and shall not be
construed to be a modification of the terms of the Agreement.
In addition, CCMO and the City may each terminate this contract with or
without cause provided that CCMO or City shall give sixty (60) days notice
4
in writing to City or CCMO. The City shall reimburse CCMO for all
monies CCMO has expended up to and including the effective date of the
termination and CCMO shall do the same.
14. Venue/Laws. This Agreement shall be governed by the Laws of the State
of Florida and venue shall be in Palm Beach County, forsaking any other
jurisdiction which either party may claim by virtue of residency.
15. Entire AQreement. This Agreement along with Exhibits "A", "B" and "C"
attached hereto shall constitute the entire Agreement of the parties with
respect to the subject matter of it. All prior understanding and agreements
between the parties with respect to such matters are merged into this
Agreement, which alone fully and completely expresses their
understanding. Modifications to this Agreement must be made in writing
and mutually agreed to by the parties.
16. AssiQnment or Transfer. This Agreement may not be assigned or
transferred by CCMO in whole or part without the written consent of the
City.
IN WITNESS WHEREOF, the parties have entered into this Agreement on
the day and year first above written.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk
Mayor
Approved as to Legal Form:
City Attorney
WITNESSES:
CHILDREN'S CASE MANAGEMENT
ORGANIZATION d/b/a Families First of
Palm Beach County
Print Name
By:
Julie Swindler, Executive Director
Print Name
5
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BUDGET SUMMARY FORM
2006-2007
Agency Name:
Community Child Care Center of Delray Beach, Inc,
Agency Funded
by CSC Since:
1995
Program Name:
Beacon at Village Academy
Program Funded
by CSC Since:
2004
Total Clients (Program)
Select 1
Capacity
Children
390
Families:
Employees Funded by CSC (FTE) 28
2005-2006
BUDGET
2006-2007
BUDGET
%
CHANGE
$624,300
$988,425
63.2%
$2,576,000
$624,300
24,2%
CSC Cost per Client
(Capacity, Children, Family)
Instructions
1 Complete agency and program name and indicate date when CSC first funded each,
2 Give number of clients to be served by the CSC funded program by selecting only one of either
capacity or children or families.
3 Complete FTE's funded by CSC by adding percent of funded positions (whole or part) as noted in
column 8 of Fonn A-1, Note 100%:: 1 FTE.
4 Complete other fiscal infonnation for your program and agency giving comparison with previous year,
dollar change and percentage change.
5 Leave section "For CSC Use Only" blank
EXHIBIT B
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AGREEMENT
THIS AGREEMENT, made this day of February, 2007, by and between
the CITY OF DELRA Y BEACH, a municipal corporation, (City), 100 NW 1 st Avenue,
Delray Beach, FL 33444 and COMMUNITY CHILD CARE CENTER OF DELRA Y
BEACH, (CCCC), d/b/a Achievement Centers for Children and Families (ACCF),
555 N,W, 4th Street, Delray Beach, FL 33444.
WITNESSETH:
WHEREAS, the City received a grant in the amount not to exceed $853,622 from
the Children's Service Council (CSC) of Palm Beach County, in support of the Beacon
Center at Village Academy Elementary School, located at 400 SW 1ih Avenue, Delray
Beach, FL, 33444,
WHEREAS, the City desires to subcontract with the Community Child Care
Center, a local not-for profit organization, to carry out the Service and activities
associated with the Beacon Center at Village Academy Elementary School.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency which are hereby acknowledged, the parties hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that
the above recitals are accurate and correct and hereby incorporate them
as if fully set forth in this Agreement.
2. Term: This agreement shall commence on October 1, 2006 and terminate
on September 30,2007 with an option to renew annually, This Agreement
shall be contingent upon the City's receipt of grant money from the
Children's Service Council of Palm Beach County for the Beacon Center
at Village Academy Elementary School.
3. Payment: Subject to Paragraph 2 above, transfers from the City to
CCCC will be made in accordance with the following procedures:
a) The City agrees to reimburse to CCCC for provision of services
described in Exhibit "A" (consisting of the Program Compliance Items)
attached hereto and made a part hereof; composite Exhibit "B"
(consisting of the City's Budget, attached hereto and made a part
hereof; and Exhibit "C" (consisting of the Beacon Center Activities)
attached hereto and made a part hereof to the extent provided in
subparagraph c) below, It is expressly understood and agreed, by and
between the parties, that the services to be rendered hereunder by
CCCC shall be provided in compliance with all terms and conditions
set forth in the Exhibits "A", "B" and "C" as well as the terms and
conditions of this formal Agreement between the City and CCCC.
b) The total Payment for services rendered pursuant to this Agreement
shall be up to $669,874 for October 1, 2006 through September 30,
2007 and made to CCCC monthly on a reimbursement basis. CCCC
shall submit an invoice to the City by the 10th day of each month
following the month in which the services were provided, The invoice
will include documentation reflecting all expenditures made by CCCC
under this Agreement, in whatever form reasonably required by City,
Subject to the availability of funds, the City will provide reimbursement
to CCCC within 30 days after receipt of the invoice. CCCC shall
submit a final invoice to the City no later than October 10, 2007 (with
appropriate documentation). The City will not reimburse CCCC for
any expenditure made by CCCC after September 30, 2007,
The City has the discretion to decrease CCCC's allocation based upon
the program's inability to meet the parameters outlined in the program
model and/or the inability to maintain program capacity based upon
quarterly reviews,
4. Reduction in Payment: Notwithstanding anything herein to the contrary,
the parties agree that the dollar amount set forth in paragraph 3 above
may be reduced in the event that the City determines that CCCC will not
spend the entire amount allocated by September 30th fiscal year end,
This determination may be made (a) during the course of reviewing a
budget revision submitted by CCCC pursuant to the City's procedures or
(b) based upon the City's monitoring of CCCC's program and its
expenditure history. Before any such reduction becomes final, CCCC will
be notified in writing of the proposed action and shall have the opportunity
to address the City's Board regarding the proposed reduction, The
decision of the City's Board on this issue shall be final. If the City reduces
the dollar amount, CCCC may terminate this Agreement upon five (5)
days notice in writing to the City, The City shall reimburse CCCC for all
monies expended up to and including the effective date of the termination,
5, Overpayment: CCCC agrees to return to the City any
overpayments made through inadvertence or miscalculation or because
payment is disallowed as not having been properly earned under this
Agreement. Such funds shall be refunded in full by CCCC to the City as
follows:
a, Within twenty (20) days from the date of written notification by the
City to CCCC of overpayment or disallowance; or
b. Within thirty (30) days following the end of this Agreement.
c, The City shall have the right to deduct from any subsequent
payment request submitted by CCCC, the amount of any
overpayments or disallowed funds.
2
6, Suspension of Payment of Funds: The City may, for reasonable
cause, suspend the payment of funds pending corrective action by eeee
or pending a decision by the City to terminate this Agreement. The City
may, for reasonable cause, prohibit eeee from incurring additional
obligation of any funds received from the City, pending corrective action
by eeee or a decision to terminate this Agreement. Said suspension of
payment of funds or obligation thereof may apply to all or part of eeee's
operations funded by the City,
7, eeee agrees to comply with all CSC certification documentation
requirements including, but not limited to:
· CSC Nepotism Policy Certification;
· Personnel Policies and Procedures;
· Job Descriptions of all funded staff positions;
· Certificates of insurance (liability, and theft and auto if capital
equipment or vehicle was purchased with Contractor funds);
· License(s) to operate agency/program, if applicable;
· Current list of Subcontractor's board members;
· Sales Tax Exemption Certificate;
· Service site(s) Fire Inspection Certificate(s), if applicable;
· Service site(s) Health Inspection Certificate(s), if applicable
Said documentation will be retained on file with the City,
8. The eeee agrees to provide program data on a quarterly basis, and in a
format as requested by the City, as well as fiscal reports as requested by
City,
9. Indemnification: eeee shall defend, indemnify, save harmless and
exempt the City, its officers, agents, servants, and employees from and
against any and all suits, actions, legal proceedings, claims, demands,
damages, costs, expenses, and attorneys fees resulting from injury to or
death of persons or damage to property arising out of or resulting from the
Contract or from work done by eeee or its subcontractors in the
performance of the Contract except to the extent caused by the sole
negligence of or breach of contract by the City, In connection with any
legal proceedings arising hereunder, the City reserves the right to retain
counsel of its choice and at its own expense, or in the alternative, to
approve counsel obtained byeeee,
10, Independent Contractor: eeee is performing the services and duties
required hereunder as an independent contractor and not as an employee,
agent, partner of, or joint venture with the City, eeee shall assume sole
and exclusive responsibility for payment of wages to all employees for
services performed by them under this Agreement. eeee shall, with
respect to said employees, be responsible for withholding federal income
3
taxes, paying federal social security taxes, maintaining unemployment
insurance and maintaining worker's compensation coverage in amounts
required by applicable federal and state law.
11. Insurance: CCCC shall provide the City with Comprehensive General
Liability Insurance in the amount of $1,000,000.00 per occurrence naming
the City as an additional insured, with a thirty (30) days notice of
cancellation provision. CCCC shall provide Worker's Compensation
Insurance as required by law and Automobile Insurance in the amount of
$500,000.00, naming the City as an additional insured,
12. Notices: All notices required hereunder shall be in writing and shall be
addressed to the following representative of the part parties:
For the City:
David Harden, City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
For CCCC:
Nancy Hurd,
Executive Director
555 N,W. 4th Street
Delray Beach, FL 33444
13. Termination: In the event funds to finance this Agreement become
unavailable to the City, the City may terminate this Agreement upon no
less than five (5) days written notice to CCCC. The City shall be the final
authority as to the availability of funds,
Notwithstanding any other provision of this Agreement, the City may
terminate this Agreement for any breach by CCCC, If the City intends to
terminate this Agreement, notice shall be provided in writing to CCCC no
less than twenty-four (24) hours prior to the effective date of the
termination. The City's failure to terminate or suspend a CCCC for past
breaches of this Agreement shall not be construed as a waiver of its right
to demand strict compliance with the terms of the Agreement or to
terminate for said breaches or similar breaches, and shall not be
construed to be a modification of the terms of the Agreement.
In addition, CCCC and the City may each terminate this contract with or
without cause provided that CCCC or City shall give sixty (60) days notice
in writing to City or CCCC, The City shall reimburse CCCC for all monies
4
CCCC has expended up to and including the effective date of the
termination and CCCC shall do the same,
14. Venue/Laws, This Agreement shall be governed by the Laws of the State
of Florida and venue shall be in Palm Beach County, forsaking any other
jurisdiction which either party may claim by virtue of residency,
15. Entire Aqreement. This Agreement along with Exhibits "A", "B" and "C"
attached hereto shall constitute the entire Agreement of the parties with
respect to the subject matter of it. All prior understanding and agreements
between the parties with respect to such matters are merged into this
Agreement, which alone fully and completely expresses their
understanding. Modifications to this Agreement must be made in writing
and mutually agreed to by the parties.
16, Assiqnment or Transfer. This Agreement may not be assigned or
transferred by CCCC in whole or part without the written consent of the
City,
IN WITNESS WHEREOF, the parties have entered into this Agreement on
the day and year first above written,
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Mayor
Approved as to Legal Form:
City Attorney
WITNESSES:
COMMUNITY CHILD CARE CENTER
d/b/a Achievement Centers for Children
and Families
By:
Nancy Hurd, Executive Director
Print Name
Print Name
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BUDGET SUMMARY FORM
2006-2007
Agency Name:
Community Child Care Center of Delray Beach, Inc,
Agency Funded
by CSC Since:
1995
Program Name:
Beacon at Village Academy
Program Funded
by CSC Since:
2004
Total Clients (Program)
Select 1
Capacity
Children 390. Families:
Employees Funded by CSC (FTE) 28
2005-2006
BUDGET
2006-2007
BUDGET
$
CHANGE
%
CHANGE
$624,300
$988,425
63.2%
$669,874
$1,024,000
65.4%
$2,576,000
$624,300
24,2%
$2,776,000
$669,874
24,1%
CSC Cost per Client
(Capacity, Children, Family)
InstructIons
1 Complete agency and program name and indicate date when CSC first funded each.
2 Give number of clients to be served by the CSC funded program by selecting only one of either
capacity or children or families,
3 Complete FTE's funded by esc by adding percent of funded positions (whole or part) as noted in
column 8 of Form A-1, Note 100% = 1 FTE.
4 Complete other fiscal information for your program and agency giving comparison with previous year,
dollar change and percentage change.
5 Leave section "For CSC Use Only" blank
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CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE' DELRi\Y BEACH. FLORIDA 33444
TELEPHONE: 561124370')()' FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7091
DElRAY BEACH
F l. 0 II I D A
D:e.d
AII.America City
, III I! DATE:
1993 TO:
2001
MEMORANDUM
January 12, 2007
FROM:
City Commission
David Harden, City Manager ~ il
Susan A. Ruby, City Attorney@1L
ICMA Retirement Plan Adoption with Certain Elections
SUBJECT:
Resolutions 5-07 and 6-07 adopt the ICMA 457 and 401A retirement plans with
certain elections,
Resolution 5-07/ICMA 457
The ICMA 457 plan gives the City certain choices on two new elections. (The City
previously has rejected loans as an option) The two new elections allow in-service
distributions of rollover assets and in-service distributions at age 70 1/2 or older.
The resolution, as drafted, rejects these elections,
Resolution 6-07/ICMA 401A Plan
The ICMA 401A plan has the above two elections as well as two additional ones.
The resolution, as drafted, rejects in-service distributions at 70 % and prohibits in-
service rollover distributions. The resolution does elect and allow for pre-tax
health care benefit contributions to be an integral part of the trust because the City
has certain health savings accounts. The resolution includes a rejection of an
election to change notice requirements to a spouse when changing beneficiaries
to a non-spouse. I am including a chart that helps to further explain the elections.
Please place Resolutions 5-07 and 6-07 on the February 6, 2007 City Commission
agenda.
SAR:
Attachments
cc: Chevelle Nubin, City Clerk
Joe Safford, Finance Director
Bruce Koeser, Human Resources Director
James W. Linn, Esq,
~.q
ATTACHMENT A2
OVERVIEW OF THE 401 MONEY PURCHASE AND PROFIT SHARING
PLAN DOCUMENT CHANGES
As your 401 qualified retirement plan provider, ICMA-RC will take care of most additional administrative tasks associated
with the plan document changes, Your Client Services Team is available at 1-800-326-7272 to answer any questions you may have.
1. In-Service Distributions Not ovoilable, Added the ability for the employer MPP: Section 9,08 Allows plan Complete the Adoption
- Age 70 V2 to offer in-service distributions for sponsors Agreement Amenament
participants age 70 ~ or older, to provide (Attachment B2*)
This provision i! the default PSP: Section 9,08 porticipants if you do not wish
option. If you do not wish with expanded to offer in-service
to offer this option, you wdl distribution distributions to
need to indicate "No" in options, porticipants who are
Section II of Attachment B2* age 70 ~ or older,
(p.8).
2. In-Service Distributions Not available, Added the ability for the employer MPP: Section 9,07 Allows plan Complete the Adoption
- Rollover Assets to offer in-service distributions sponsors Agreement Amenament
for rolled-in amounts, This to provide (Attachment B2*) if
provision is not the default PSP: Section 9,09 participants you wish to offer in-
option. If you wish to offer with expanded service distributions of
this option, you will need to distribution rollover assets,
indicate "Yes" in Section III options,
of Attachment B2* (p,8).
3. Definition of Earnings Earnings and The definition of earnings MPP: Section 2,09 Provides Confirm that your
compensation did shall now include any pre-tax higher 401(0) systems include
not include pre-tax contributions to an integral part contribution employee pre-tax
contributions to an trust (excluding direct employer PSP: Section 2,10 opportunities to health care benefit
integral part trust of contributions) of the Employer participants, contributions
the Employer providing providing retiree health care ( excluding
retiree health care benefits, This change to the direct employer
benefits, earnings definition i! the contributions) to an
default option. If you do not integral part trust as
wish to change your plan's pari of an employee's
definition of earnings, you gross income when
will need to indicate "No" in calculating plan
Section V of Attachment B2* contributions,
(p.8).
MPP = Money Purchase Plan
PSP = Profit Sharing Plan
* Employers who are amending an individually designed plan document to include any of the optional
provisions now available will need to complete the appropriate sections of Attachment C2 (p. 12).
3
ATTACHMENT A2 (Cont.)
OVERVIEW OF THE 401 MONEY PURCHASE AND PROFIT SHARING
PLAN DOCUMENT CHANGES
As your 401 qualified retirement plan provider, ICMA-RC will take care of most additional administrative tasks associated
with the plan document changes. Your Client Services Team is available at 1-800-326-7272 to answer any questions you may have.
4. New
uSpousal
Protection
Options"
MPP: Qualified Joint
and Survivor Annuity
(QJSA) was mandatory
for ICMA-RC Money
Purchase Pension Plans,
Under the QJSA, the
participant receives an
annuity in the form
of a guaranteed level
monthly payment for
as long as he/she lives,
If the spouse survives
the participant, he/she
will receive monthly
payments equal to
at least 50% of the
participant's payments,
PSP: The Beneficiary
Spousal Consent Election
(explained in the "New
Provision" column to
the right) is already the
default option for
ICMA-RC's 401 Profit
Sharing Plans,
MPP = Money Purchase Plan
The 401 (a) plan documents will now allow the
following Spousal Protection Options:
· Beneficiary Spousal Consent
Election - This provision is the
default option for 401 MPPs.
Under this option, participants may
elect any of the available distribution
options without spousal consent.
However, married participants will
still be required to receive spousal
consent if they wish to name
someone other than their spouse as
the beneficiary of the account.
· QJSA Election -If selected, the
normal form of payment of benefits
under the Plan is 0 qualified joint
and survivor annuity (QJSAI with
the participant's spouse (or life
annuity, if the participant is single),
The annuity option con be waived
with the consent of the spouse, and
another distribution option can then
be selected, Married participants ore
required to receive spousal consent
if they wish to nome someone other
than their spouse os the beneficiary
of the accoun!.
· Participant Directed Election - If
selected, participants may elect any
of the available distribution options
without spousal consent. Participants
con nome ony person(s) os the
beneficiary(ies) of the Plan, without
spousal consent.
PSP = Profit Sharing Plan
MPP:
Section 2,04
Section 17
The QJSA option
is rarely used by
participants, and
the additionol
paperwork
required to waive
the QJSA option
when requesting
a withdrawal
often results
in unnecessary
processing delays,
Complete the
Adoption Agreement
Amendment
(Allachment B2* on
p.8) if you wish to
continue using the
QJSA election,
PSP:
Section 2,04
Section 17
* Employers who are amending an individually designed plan document to include any of the optional
provisions now available will need to complete the appropriate sections of Attachment C2 (p. 12),
4
ATTACHMENT A2 (Cont.)
OVERVIEW OF THE 401 MONEY PURCHASE AND PROFIT SHARING
PLAN DOCUMENT CHANGES
As your 401 qualified retirement plan provider, ICMA-RC will take care of most additional administrative tasks associated
with the plan document changes, Your Client Services Team is available at 1-800-326-7272 to answer any questions you may have,
Old
Provision
S. Plan-to-P/an This change was Added language that provides for plan-to-plan MPP: Section 9,03(0) Oarification, None anticipated,
Translers introduced with transfers for the non-forfeitable interest of 0
EGTRRA but did not participant's account made for the purchase PSP: Section 9,03(0)
specifically nome 0' service credit in defined benefit plans
transfers for the maintained by the Employer,
purchase of service
credits in the "Transfer
to Another Plan"
section,
6. Porta6i/ity 01 This change was Added Portability of Benefits language. This MPP: Section 4,09 Incorporates None anticipated.
Benelits introduced with allows the plan sponsor to elect to allow roll-ins EGTRRA language
EGTRRA, from all eligible plans, including 401 (a), 403(b), into the model
457(b), etc. This was introduced to sponsors PSP: Section 4,10 plan documents,
as part of the EGTRRA rollout in 2001, This
provision is the default and will be offered unless
the employer elects otherwise in the adoption
agreement.
7. De Minimis
Withdrawals
This change was
originally introduced
with EGTRRA,
8. Loans
- Mintary
Provision
The plan document did
not specify the interest
rate at which loans
would accrue when
a participant enters
active military duty,
MPP = Money Purchase Plan
Updated the plan document to reflect the
following de minimis language, On or after
January I, 2002, if a Participant terminates
service, and the value of his/her non-forfeitable
interest in his/her account is less than $1,000,
the participant's benefit shall be paid as soon
as practicable to the participant in a single lump
sum distribution, If the value of the participant's
a((ount is at least $1,000 but not more than the
dollar limit under section 411( a) (11 )(A) ofthe
Code (currently $5,000), the participant may
elect to receive his/her non,forfeitable interest in
his/her a((ount.
PSP: Section 9,04
Clarification.
I ncorporotes new
language into
the model plan
documents,
None anticipated.
MPP: Section 9,04
Added language: "nounless waived by the
participant, any plan loan that is outstanding on
the date that active duty military service begins
will accrue interest at a rate of no more than 6%
durinq the period of military service..,"
MPP: Section
13,02(k)
Clarification,
None anticipated.
PSP: Section
13.02(k)
PSP = Profit Sharing Plan
5
ICMARC
Building Retirement Security
DEFERRED COMPENSATION PLAN AND TRUST
As Amended and Restated Effective January 1, 2006
Article I. Purpose
The Employer hereby establishes and maintains the Employer's Deferred Compensation Plan and Trust, hereafter referred to as
the "Plan," The Plan consists of the provisions set forth in this document,
The primary purpose of this Plan is to provide retirement income and other deferred benefits to the Employees of the
Employer and the Employees' Beneficiaries in accordance with the provisions of Section 457 of the Internal Revenue Code of
1986, as amended (the "Code"),
This Plan shall be an agreement solely between the Employer and participating Employees, The Plan and Trust forming a
part hereof are established and shall be maintained for the exclusive benefit of Participants and their Beneficiaries, No part of
the corpus or income of the Trust shall revert to the Employer or be used for or diverted to purposes other than the exclusive
benefit of Participants and their Beneficiaries,
Article II. Definitions
2.01 Account, The bookkeeping account maintained for each Participant reflecting the cumulative amount of the
Participant's Deferred Compensation, including any income, gains, losses, or increases or decreases in market
value attributable to the Employer's investment of the Participant's Deferred Compensation, and further reflecting
any distributions to the Participant or the Participant's Beneficiary and any fees or expenses charged against such
Participant's Deferred Compensation,
2.02 Accounting Date, Each business day that the New York Stock Exchange is open for trading, as provided in Section
6,06 for valuing the Trust's assets,
2.03 Administrator, The person or persons named in writing to carry out certain nondiscretionary administrative
functions under the Plan, as hereinafter described, The Employer may remove any person as Administrator upon
75 days' advance notice in writing to such person, in which case the Employer shall name another person or persons
to act as Administrator, The Administrator may resign upon 75 days' advance notice in writing to the Employer, in
which case the Employer shall name another person or persons to act as Administrator.
2.04 Automatic Distribution Date, April 1 of the calendar year after the Plan Year the Participant attains age 70-1/2
or, if later, has a Severance Event,
2.05 Beneficiary. The person or persons designated by the Participant in his or her Joinder Agreement who shall receive
any benefits payable hereunder in the event of the Participant's death. In the event that the Participant names two
or more Beneficiaries, each Beneficiary shall be entitled to equal shares of the benefits payable at the Participant's
death, unless otherwise provided in the Participant's Joinder Agreement, If no beneficiary is designated in the Joinder
Agreement, if the Designated Beneficiary predeceases the Participant, or if the designated Beneficiary does not
survive the Participant for a period of fifteen (15) days, then the estate of the Participant shall be the Beneficiary, If a
married Participant resides in a community or marital property state, the Participant shall be responsible for obtaining
appropriate consent of his or her spouse in the event the Participant designates someone other than his or her spouse
as Beneficiary, The preceding sentence shall not apply with respect to a Deemed IRA under Article IX,
2.06 Deemed IRA, A separate account or annuity established under the Plan that complies with the requirements of
Section 408(q) of the Code, the Income Tax Regulations thereunder, and any other IRS guidance.
, which is a political subdivision, agency or instrumentality
, described in Section 457(e)(1)(A) of the
2.07 Deferred Compensation, The amount of Includible Compensation otherwise payable to the Participant which
the Participant and the Employer mutually agree to defer hereunder, any amount credited to a Participant's Account
by reason of a transfer under Section 6.09 or 6,10, a rollover under Section 6,11, or any other amount which the
Employer agrees to credit to a Participant's Account,
2.08 Dollar Limitation, The applicable dollar amount within the meaning of Section 457(b)(2)(A) of the Code, as
adjusted for the cost-of-living in accordance with Section 457(e)(15) of the Code,
2.09 Employee, Any individual who provides services for the Employer, whether as an employee of the Employer or as an
independent contractor, and who has been designated by the Employer as eligible to participate in the Plan,
2.10 Employer,
of the [State/Commonwealth] of
Code,
2.11 457 Catch-Up Dollar Limitation, Twice the Dollar Limitation,
2.12 Includible Compensation, Includible Compensation of a Participant means "compensation," as defined in Section
415(c)(3) of the Code, for services performed for the Employer, Includible Compensation shall be determined without
regard to any community property laws, For purposes of a Participant's Joinder Agreement only and not for purposes
of the limitations in Article V, Includible Compensation shall include any employer contributions to an integral part
trust of the employer providing retiree health care benefits,
2.13 Joinder Agreement, An agreement entered into between an Employee and the Employer, including any
amendments or modifications thereof. Such agreement shall fix the amount of Deferred Compensation, specify a
preference among the investment alternatives designated by the Employer, designate the Employee's Beneficiary or
Beneficiaries, and incorporate the terms, conditions, and provisions of the Plan by reference,
2.14 Normal Limitation, The maximum amount of Deferred Compensation for any Participant for any taxable year
(other than amounts referred to in Sections 6,09, 6,10, and 6,11),
2.15 Normal Retirement Age, Age 70-1/2, unless the Participant has elected an alternate Normal Retirement Age by
written instrument delivered to the Administrator prior to a Severance Event, A Participant's Normal Retirement Age
determines the period during which a Participant may utilize the 457 Catch-Up Dollar Limitation of Section 5,02(b)
hereunder, Once a Participant has to any extent utilized the catch-up limitation of Section 5,02(b), his Normal
Retirement Age may not be changed,
A Participant's alternate Normal Retirement Age may not be earlier than the earliest date that the Participant will
become eligible to retire and receive immediate, unreduced retirement benefits under the Employer's basic defined
benefit retirement plan covering the Participant (or a money purchase pension plan in which the Participant also
participates if the Participant is not eligible to participate in a defined benefit plan), and may not be later than the
date the Participant will attain age 70-1/2. If the Participant will not become eligible to receive benefits under a basic
defined benefit retirement plan (or money purchase pension plan, if applicable) maintained by the Employer, the
Participant's alternate Normal Retirement Age may not be earlier than 65 and may not be later than age 70-1/2, In
no event may a Participant's normal retirement age be different than the normal retirement age under the Employer's
other 457(b) plans, if any,
In the event the Plan has Participants that include qualified police or firefighters (as defined under Section
415(b)(2)(H)(ii)(I) of the Code), a normal retirement age may be designated for such qualified police or firefighters
that is not earlier than age 40 or later than age 70-1/2, Alternatively, qualified police or firefighters may be permitted
to designate a normal retirement age that is between age 40 and age 70-1/2,
2
2,16 Participant. Any Employee who has joined the Plan pursuant to the requirements of Article IV For purposes of
section 6,11 of the Plan, the term Participant includes an employee or former Employee of the Employer who has not
yet received all of the payments of benefits to which he/she is entitled under the Plan,
2.17 Percentage Limitation, 100 percent of the participant's Includible Compensation available to be contributed as
Deferred Compensation for the taxable year,
2.18 Plan Year. The calendar year.
2.19 Retirement. The first date upon which both of the following shall have occurred with respect to a participant:
Severance Event and attainment of age 65,
2.20 Severance Event. A severance of the Participant's employment with the Employer within the meaning of Section
457(d)(1)(A)(ii) of the Code,
In general, a Participant shall be deemed to have experienced a Severance Event for purposes of this Plan when, in
accordance with the established practices of the Employer, the employment relationship is considered to have actually
terminated, In the case of a Participant who is an independent contractor of the Employer, a Severance Event shall be
deemed to have occurred when the Participant's contract under which services are performed has completely expired
and terminated, there is no foreseeable possibility that the Employer will renew the contract or enter into a new
contract for the Participant's services, and it is not anticipated that the Participant will become an Employee of the
Employer, or such other events as may be permitted under the Code,
2.21 Trust, The Trust created under Article VI of the Plan which shall consist of all compensation deferred under the Plan,
plus any income and gains thereon, less any losses, expenses and distributions to Participants and Beneficiaries,
Article III. Administration
3.01 Duties of the Employer, The Employer shall have the authority to make all discretionary decisions affecting the
rights or benefits of Participants which may be required in the administration of this Plan. The Employer's decisions
shall be afforded the maximum deference permitted by applicable law,
3.02 Duties of Administrator, The Administrator, as agent for the Employer, shall perform nondiscretionary
administrative functions in connection with the Plan, including the maintenance of Participants' Accounts, the
provision of periodic reports of the status of each Account, and the disbursement of benefits on behalf of the Employer
in accordance with the provisions of this Plan.
Article rv: Participation in the Plan
4,01 Initial Participation, An Employee may become a Participant by entering into a Joinder Agreement prior to the
beginning of the calendar month in which the Joinder Agreement is to become effective to defer compensation not
yet earned, or such other date as may be permitted under the Code, A new employee may defer compensation in the
calendar month during which he or she first becomes an employee if a Joinder Agreement is entered into on or before
the first day on which the employee performs services for the Employer,
4.02 Amendment of Joinder Agreement, A Participant may amend an executed Joinder Agreement to change the
amount of Includible Compensation not yet earned which is to be deferred (including the reduction of such future
deferrals to zero), Such amendment shall become effective as of the beginning of the calendar month commencing
after the date the amendment is executed, or such other date as may be permitted under the Code, A Participant may
at any time amend his or her Joinder Agreement to change the designated Beneficiary, and such amendment shall
become effective immediately,
3
Article v.; Limitations on Deferrals
5.01 Normal Limitation. Except as provided in Section 5,02, the maximum amount of Deferred Compensation for any
Participant for any taxable year, shall not exceed the lesser of the Dollar Limitation or the Percentage Limitation,
5.02 Catch-Up Limitations,
(a) Catch-up Contributions for Participants Age 50 and Over. A Participant who has attained the age of 50 before
the close of the Plan Year, and with respect to whom no other elective deferrals may be made to the Plan for
the Plan Year by reason of the Normal Limitation of Section 5,01, may enter into a Joinder Agreement to
make elective deferrals in addition to those permitted by the Normal Limitation in an amount not to exceed
the lesser of:
(1) The applicable dollar amount as defined in Section 414(v)(2)(B) of the Code, as adjusted for the cost-
of-living in accordance with Section 414(v)(2)(C) of the Code; or
(2) The excess (if any) of
(i) The Participant's Includible Compensation for the year, or
(ii) Any other elective deferrals of the Participant for such year which are made without regard to
this Section 5,02(a),
An additional contribution made pursuant to this Section 5,02(a) shall not, with respect to the year in which
the contribution is made, be subject to any otherwise applicable limitation contained in Section 5.01 above,
or be taken into account in applying such limitation to other contributions or benefits under the Plan or any
other plan, This Section 5,02(a) shall not apply in any year to which a higher limit under Section 5,02(b)
applies,
(b) Last Three lears Catch-up Contribution: For each of the last three (3) taxable years for a Participant ending
before his or her attainment of Normal Retirement Age, the maximum amount of Deferred Compensation
shall be the lesser of:
(1) The 457 Catch-Up Dollar Limitation, or
(2) The sum of
(i) The Normal Limitation for the taxable year, and
(ii) The Normal Limitation for each prior taxable year of the Participant commencing after 1978
less the amount of the Participant's Deferred Compensation for such prior taxable years, A
prior taxable year shall be taken into account under the preceding sentence only if (x) the
Participant was eligible to participate in the Plan for such year, and (y) compensation (if any)
deferred under the Plan (or such other plan) was subject to the Normal Limitation,
5.03 Sick, Vacation and Back Pay, If the Employer so elects, a Participant may defer all or a portion of the value of the
Participant's accumulated sick pay, accumulated vacation pay and/or back pay, provided that such deferral does not
cause total deferrals on behalf of the Participant to exceed the Dollar Limitation or Percentage Limitation (including
any Catch-up Dollar Limitation) for the year of deferral. The election to defer such sick, vacation and/or back pay
must be made in a manner and at a time permitted under Section 1.457 -4( d) of the Income Tax Regulations,
Pursuant to proposed IRS regulations issued under Section 415 of the Code, the Plan may permit deferrals from
compensation, including sick, vacation and back pay, so long as the amounts are paid within 2 Yz months following
severance from employment and the other requirements of Sections 457(b) and 415 of the Code are met. Additionally,
4
. the agreement to defer such amounts must be entered into prior to the first day of the month in which the amounts
otherwise would be paid or made available,
5.04 Other Plans. Notwithstanding any provision of the Plan to the contrary, the amount excludible from a Participant's
gross income under this Plan or any other eligible deferred compensation plan under Section 457(b) of the Code shall
not exceed the limits set forth in Sections 457(b) and 414(v) of the Code,
5.05 Excess Deferrals, Any amount that exceeds the maximum Dollar Limitation or Percentage Limitation (including
any applicable Catch-Up Dollar Limitation) for a taxable year, shall constitute an excess deferral for that taxable year.
Any excess deferral shall be distributed in accordance with the requirements for excess deferrals under the Code and
Section 1.457 -4( e) of the Income Tax Regulations or other applicable Internal Revenue Service guidance,
5.06 Protection of Person "Who Serves in a Uniformed Service, An Employee whose employment is interrupted by
qualified military service under Section 414( u) of the Code or who is on leave of absence for qualified military service
under Section 414(u) of the Code may elect to contribute additional Deferred Compensation upon resumption of
employment with the Employer equal to the maximum Deferred Compensation that the Employee could have elected
during that period if the Employee's employment with the Employer had continued (at the same level of Includible
Compensation) without the interruption or leave, reduced by Deferred Compensation, if any, actually made for the
Employee during the period of the interruption or leave, This right applies for five years following the resumption of
employment (or, if sooner, for a period equal to three times the period of the interruption or leave),
Article VI. Trust and Investment of Accounts
6.01 Investment of Deferred Compensation, A Trust is hereby created to hold all the assets of the Plan (except
Deemed IRA contributions and earnings thereon held pursuant to Article IX) for the exclusive benefit of Participants
and Beneficiaries, except that expenses and taxes may be paid from the Trust as provided in Section 6,03. The trustee
shall be the Employer or such other person that agrees to act in that capacity hereunder,
6.02 Investment Powers, The trustee or the Administrator, acting as agent for the trustee, shall have the powers listed
in this Section with respect to investment of Trust assets, except to the extent that the investment of Trust assets is
directed by Participants, pursuant to Section 6,05 or to the extent that such powers are restricted by applicable law.
(a) To invest and reinvest the Trust without distinction between principal and income in common or preferred
stocks, shares of regulated investment companies and other mutual funds, bonds, loans, notes, debentures,
certificates of deposit, contracts with insurance companies including but not limited to insurance, individual
or group annuity, deposit administration, guaranteed interest contracts, and deposits at reasonable rates of
interest at banking institutions including but not limited to savings accounts and certificates of deposit,
Assets of the Trust may be invested in securities that involve a higher degree of risk than investments that have
demonstrated their investment performance over an extended period of time,
(b) To invest and reinvest all or any part of the assets of the Trust in any common, collective or commingled trust
fund that is maintained by a bank or other institution and that is available to Employee plans described under
Sections 457 or 401 of the Code, or any successor provisions thereto, and during the period of time that an
investment through any such medium shall exist, to the extent of participation of the Plans the declaration of
trust of such commonly collective, or commingled trust fund shall constitute a part of this Plan,
(c) To invest and reinvest all or any part of the assets of the Trust in any group annuity, deposit administration or
guaranteed interest contract issued by an insurance company or other financial institution on a commingled
or collective basis with the assets of any other 457 plan or trust qualified under Section 401 (a) of the Code or
any other plan described in Section 401 (a) (24) of the Code, and such contract may be held or issued in the
name of the Administrator, or such custodian as the Administrator may appoint, as agent and nominee for
the Employer. During the period that an investment through any such contract shall exist, to the extent of
participation of the Plan, the terms and conditions of such contract shall constitute a part of the Plan,
5
(d) To hold cash awaiting investment and to keep such portion of the Trust in cash or cash balances, without
liability for interest, in such amounts as may from time to time be deemed to be reasonable and necessary to
meet obligations under the Plan or otherwise to be in the best interests of the Plan,
(e) To hold, to aurhorize the holding of, and to register any investment to the Trust in the name of the Plan,
the Employer, or any nominee or agent of any of the foregoing, including the Administrator, or in bearer
form, to deposit or arrange for the deposit of securities in a qualified central depository even though, when
so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository
with other securities deposited therein by any other person, and to organize corporations or trusts under the
laws of any jurisdiction for the purpose of acquiring or holding title to any property for the Trust, all with or
without the addition of words or other action to indicate that property is held in a fiduciary or representative
capacity but the books and records of the Plan shall at all times show that all such investments are part of the
Trust,
(f) Upon such terms as may be deemed advisable by the Employer or the Administrator, as the case may be, for
the protection of the interests of the Plan or for the preservation of the value of an investment, to exercise
and enforce by suit for legal or equitable remedies or by other action, or to waive any right or claim on behalf
of the Plan or any default in any obligation owing to the Plan, to renew, extend the time for payment of,
agree to a reduction in the rate of interest on, or agree to any other modification or change in the terms of
any obligation owing to the Plan, to settle, compromise, adjust, or submit to arbitration any claim or right
in favor of or against the Plans to exercise and enforce any and all rights of foreclosure, bid for property in
foreclosure, and take a deed in lieu of foreclosure with or without paying consideration therefor, to commence
or defend suits or other legal proceedings whenever any interest of the Plan requires it, and to represent the
Plan in all suits or legal proceedings in any court of law or equity or before any body or tribunal.
(g) To employ suitable consultants, depositories, agents, and legal counsel on behalf of the Plan,
(h) To open and maintain any bank account or accounts in the name of the Plan, the Employer, or any nominee
or agent of the foregoing, including the Administrator, in any bank or banks.
(i) To do any and all other acts that may be deemed necessary to carry out any of the powers set forth herein,
6.03 Taxes and Expenses, All taxes of any and all kinds whatsoever that may be levied or assessed under existing or
future laws upon the Plan, or in respect to the Trust, or the income thereof, and all commissions or acquisitions or
dispositions of securities and similar expenses of investment and reinvestment of the Trust, shall be paid from the
Trust. Such reasonable compensation of the Administrator, as may be agreed upon from time to time by the Employer
and the Administrator, and reimbursement for reasonable expenses incurred by the Administrator in performance of
its duties hereunder (including but not limited to fees for legal, accounting, investment and custodial services) shall
also be paid from the Trust.
6.04 Payment of Benefits, The payment of benefits from the Trust in accordance with the terms of the Plan may
be made by the Administrator, or by any custodian or other person so authorized by the Employer to make such
disbursement, The Administrator, custodian or other person shall not be liable with respect to any distribution of
Trust assets made at the direction of the Employer,
6.05 Investment Funds, In accordance with uniform and nondiscriminatory rules established by the Employer and
the Administrator, the Participant may direct his or her Accounts to be invested in one (1) or more investment
funds available under the Plan; provided, however, that the Participant's investment directions shall not violate any
investment restrictions established by the Employer, Neither the Employer, the Administrator, nor any other person
shall be liable for any losses incurred by virtue of following such directions or with any reasonable administrative delay
in implementing such directions,
6
. 6.06 ,Valuation of Accounts. As of each Accounting Date, the Plan assets held in each investment fund offered shall be
valued at fair market value and the investment income and gains or losses for each fund shall be determined, Such
investment income and gains or losses shall be allocated proportionately among all Account balances on a fund-by-
fund basis. The allocation shall be in the proportion that each such Account balance as of the immediately preceding
Accounting Date bears to the total of all such Account balances as of that Accounting Date, For purposes of this
Article, all Account balances include the Account balances of all Participants and Beneficiaries.
6.07 Participant Loan Accounts, Participant loan accounts shall be invested in accordance with Section 8,03 of the
Plan, Such Accounts shall not share in any investment income and gains or losses of the investment funds described in
Sections 6,05 and 6,06,
6.08 Crediting of Accounts. The Participant's Account shall reflect the amount and value of the investments or other
property obtained by the Employer through the investment of the Participant's Deferred Compensation pursuant to
Sections 6,05 and 6,06, It is anticipated that the Employer's investments with respect to a Participant will conform to
the investment preference specified in the Participant's Joinder Agreement, but nothing herein shall be construed to
require the Employer to make any particular investment of a Participant's Deferred Compensation. Each Participant
shall receive periodic reports, not less frequently than annually, showing the then current value of his or her Account.
6.09 Post-Severance Transfers Among Eligible Deferred Compensation Plans,
(a) Incoming Transfers: A transfer may be accepted from an eligible deferred compensation plan maintained by
another employer and credited to a Participant's or Beneficiary's Account under the Plan if:
(1) In the case of a transfer for a Participant, the Participant has had a Severance Event with that
employer and become an Employee of the Employer;
(2) The other employer's plan provides that such transfer will be made; and
(3) The Participant or Beneficiary whose deferred amounts are being transferred will have an amount
immediately after the transfer at least equal to the deferred amount immediately before the transfer,
The Employer may require such documentation from the predecessor plan as it deems necessary to effectuate
the transfer in accordance with Section 457(e)(10) of the Code, to confirm that such plan is an eligible
deferred compensation plan within the meaning of Section 457(b) of the Code, and to assure that transfers are
provided for under such plan, The Employer may refuse to accept a transfer in the form of assets other than
cash, unless the Employer and the Administrator agree to hold such other assets under the Plan,
(b) Outgoing Transfers: An amount may be transferred to an eligible deferred compensation plan maintained by
another employer, and charged to a Participant's or Beneficiary's Account under this Plan, if:
(1) In the case of a transfer for a Participant, the Participant has a Severance Event with the Employer
and becomes an employee of the other employer;
(2) The other employer's plan provides that such transfer will be accepted;
(3) The Participant or Beneficiary and the employers have signed such agreements as are necessary to
assure that the Employer's liabiiity to pay benefits to the Participant has been discharged and assumed
by the other employer; and
(4) The Participant or Beneficiary whose deferred amounts are being transferred will have an amount
immediately after the transfer at least equal to the deferred amount immediately before the transfer,
The Employer may require such documentation from the other plan as it deems necessary to effectuate the
transfer, to confirm that such plan is an eligible deferred compensation plan within the meaning of Section
7
8
457(b) of the Code, and to assure that transfers are provided for under such plan, Such transfers
made only under such circumstances as are permitted under Section 457 of the Code and the regula.
thereunder,
6.10 Transfers Among Eligible Deferred Compensation Plans of the Employer,
(a) Incoming Transfers. A transfer may be accepted from another eligible deferred compensation plan m
by the Employer and credited to a Participant's or Beneficiary's Account under the Plan if:
(1) The Employer's other plan provides that such transfer will be made;
(2) The Participant or Beneficiary whose deferred amounts are being transferred will have an am
immediately after the transfer at least equal to the deferred amount immediately before the tr
and
(3) The Participant or Beneficiary whose deferred amounts are being transferred is not eligible fot
additional annual deferrals in the Plan unless the Participant or Beneficiary is performing se
the Employer,
(b) Outgoing Transfers, A transfer may be accepted from another eligible deferred compensation plan mai
by the Employer and credited to a Participant's or Beneficiary's Account under the Plan if:
(1) The Employer's other plan provides that such transfer will be accepted;
(2) The Participant or Beneficiary whose deferred amounts are being transferred will have an amo
immediately after the transfer at least equal to the deferred amount immediately before the tran
and
(3) The Participant or Beneficiary whose deferred amounts are being transferred is not eligible for
additional annual deferrals in the Employer's other eligible deferred compensation plan unless th
Participant or Beneficiary is performing services for the Employer.
6.11 Eligible Rollover Distributions,
(b)
Incoming Rollovers: An eligible rollover distribution may be accepted from an eligible retirement plan an
credited to a Participant's Account under the Plan, The Employer may require such documentation fro
distributing plan as it deems necessary to effectuate the rollover in accordance with Section 402 of the
and to confirm that such plan is an eligible retirement plan within the meaning of Section 402(c)(8)(B)
Code, The Plan shall separately account (in one or more separate accounts) for eligible rollover distributi~
from any eligible retirement plan. ,c.
Outgoing Rollovers: Notwithstanding any provision of the Plan to the contrary that would otherwise li4~
a distributee's election under this Section, a distributee may elect, at the time and in the manner prescnb
by the Administrator, to have any portion of an eligible rollover distribution paid directly to an eligible
retirement plan specified by the distributee in a direct rollover,
(a)
(c)
Definitions:
(1)
Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any p
of the balance to the credit of the distributee, except that an eligible rollover distribution does n
include: any distribution that is one of a series of substantially equal periodic payments (not lc:s
frequently than annually) made for the life (or life expectancy) of the distributee or the joint hv
joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a s~e
period of ten years or more; any distribution to the extent such distribution is required under
401 (a) (9) and 457(d) (2) of the Code; and any distribution made as a result of an unforeseeable
emergency of the employee, For purposes of distributions from other eligible retirement plans
rolled over into this Plan, the term eligible rollover distribution shall not include the portion of any
distribution that is not includible in gross income (determined without regard to the exclusion for net
unrealized appreciation with respect to employer securities),
(2) Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described
in Section 408(a) of the Code, an individual retirement annuity described in Section 408(b) of the
Code, an annuity plan described in Sections 403(a) or 403(b) of the Code, a qualified trust described
in Section 401 (a) of the Code, or an eligible deferred compensation plan described in Section
457(b) of the Code which is maintained by an eligible governmental employer described in Section
457(e)(1)(A) of the Code, that accepts the distributee's eligible rollover distribution,
(3) Distributee: A distributee includes an employee or former employee. In addition, the employee's or
former employee's surviving spouse and the employee's or former employee's spouse or former spouse
who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of
the Code, are distributees with regard to the interest of the spouse or former spouse,
(4) Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by
the distributee.
6.12 Trustee-to-Trustee Transfers to Purchase Permissive Service Credit. Allor a portion of a Participant's
Account may be transferred directly to the trustee of a defined benefit governmental plan (as defined in Section 414(d)
of the Code) if such transfer is (a) for the purchase of permissive service credit (as defined in Section 415(n)(3)(A)
of the Code) under such plan, or (b) a repayment to which Section 415 of the Code does not apply by reason of
subsection (k)(3) thereof, within the meaning of Section 457(e)(17) of the Code.
6.13 Treatment of Distributions of Amounts Previously Rolled Over From 401 (a) and 403(b) Plans and
IRAs. For purposes of Section 72(t) of the Code, a distribution from this Plan shall be treated as a distribution
from a qualified retirement plan described in Section 4974(c)(l) of the Code to the extent that such distribution is
attributable to an amount transferred to an eligible deferred compensation plan from a qualified retirement plan (as
defined in Section 4974(c) of the Code),
6.14 Employer Liability. In no event shall the Employer's liability to pay benefits to a Participant under this Plan exceed
the value of the amounts credited to the Participant's Account; neither the Employer nor the Administrator shall be
liable for losses arising from depreciation or shrinkage in the value of any investments acquired under this Plan,
Article VII. Benefits
. ement Benefits and Election on Severance Event,
General Rule: Except as otherwise provided in this Article VII, the distribution of a Participant's Account
shall commence as of a Participant's Automatic Distribution Date, and the distribution of such benefits shall
be made in accordance with one of the payment options described in Section 7,02, Notwithstanding the
foregoing, but subject to the following paragraphs of this Section 7,01, the Participant may elect following a
Severance Event to have the distribution of benefits commence on a fixed determinable date other than that
des~ribed in the preceding sentence, but not later than April I of the year following the year of the Participant's
RetI~ement or attainment of age 70-1/2, whichever is later, The Participant's right to change his or her
election with respect to commencement of the distribution of benefits shall not be restrained by this Section
7,01: .Notwithstanding the foregoing, the Administrator, in order to ensure the orderly administration of this
rOVISIOn, may establish a deadline after which such election to defer the commencement of distribution of
enefits shall not be allowed.
9
(b) Loans: Notwithstanding the foregoing provisions of this Section 7,01, no election to defer the
commencement of benefits after a Severance Event shall operate to defer the distribution of any amount in the
Participant's loan account in the event of a default of the Participant's loan.
7.02 Payment Options, As provided in Sections 7,01, 7.04 and 7,05, a Participant may elect to have value of the
Participant's Account distributed in accordance with one of the following payment options, provided that such option
is consistent with the limitations set forth in Section 7,03:
(a) Equal monthly, quarterly, semi-annual or annual payments in an amount chosen by the Participant,
continuing until his or her Account is exhausted;
(b) One lump-sum payment;
(c) Approximately equal monthly, quarterly, semi-annual or annual payments, calculated to continue for a period
certain chosen by the Participant;
(d) Annual Payments equal to the minimum distributions required under Section 401(a)(9) of the Code,
including the incidental death benefit requirements of Section 401 (a) (9) (G), over the life expectancy of the
Participant or over the life expectancies of the Participant and his or her Beneficiary;
(e) Payments equal to payments made by the issuer of a retirement annuity policy acquired by the Employer;
(f) A split distribution under which payments under options (a), (b), (c) or (e) commence or are made at the
same time, as elected by the Participant under Section 7.01, provided that all payments commence (or are
made) by the latest benefit commencement date permitted under Section 7,01;
(g) Any other payment option elected by the Participant and agreed to by the Employer and Administrator,
A Participant's selection of a payment option under Subsections (a), (c), or (g) above may include the selection of an
automatic annual cost-of living increase, Such increase will be based on the rise in the Consumer Price Index for All
Urban Consumers (CPI-U) from the third quarter of the last year in which a cost-of-living increase was provided to
the third quarter of the current year. Any increase will be made in periodic payment checks beginning the following
January,
7.03 Limitation on Options, No payment option may be selected by a Participant under subsections 7,02(a) or (c)
unless the amount of any installment is not less than $100, No payment option may be selected by a Participant
under Sections 7,02, 7,04, or 7,05 unless it satisfies the requirements of Sections 401 (a)(9) and 457(d)(2) of the Code,
including that payments commencing before the death of the Participant shall satisfy the incidental death benefit
requirements under Section 401 (a)(9) (G) of the Code,
7.04 Minimum Required Distributions, Notwithstanding any provision of the Plan to the contrary, the Plan shall
comply with the minimum required distribution rules set forth in Sections 457(d)(2) and 401 (a)(9) of the Code,
including the incidental death benefit requirements of Section 401 (a) (9)(G) of the Code,
7.05 Post-Retirement Death Benefits.
(a) Should the Participant die after he or she has begun to receive benefits under a payment option, the remaining
payments, if any, under the payment option shall continue until the Administrator receives notice of the
Participant's death, Upon notification of the Participant's death, benefits shall be payable to the Participant's
Beneficiary commencing not later than December 31 of the year following the year of the Participant's death,
provided that the Beneficiary may elect to begin benefits earlier than that date,
(b) In the event that the Beneficiary dies before the payment of death benefits has commenced or been completed,
the remaining benefits payable under the payment option applicable to the Beneficiary shall, subject to the
10
requirements set forth in Section 7,04, be paid to an additional beneficiary designated by the Beneficiary. If
no additional beneficiary is named, payment shall be made to the Beneficiary's estate in a lump sum,
In the event that the Participant's estate is the Beneficiary, payment shall be made to the estate in a lump sum,
Pre-Retirement Death Benefits,
Should the Participant die before he or she has begun to receive the benefits provided by Section 7,01, the
value of the Participant's Account shall be payable to the Beneficiary commencing not later than December
31 of the year following the year of the Participant's death, provided that the Beneficiary may elect to begin
benefits earlier than that date,
In the event that the Beneficiary dies before the payment of death benefits has commenced or been completed,
the remaining value of the Participant's Account shall be paid to the estate of the Beneficiary in a lump sum,
In the event that the Participant's estate is the Beneficiary, payment shall be made to the estate in a lump sum,
Unforeseeable Emergencies,
(a) In the event an unforeseeable emergency occurs, a Participant or Beneficiary may apply to the Employer to
receive that part of the value of his or her Account that is reasonably needed to satisfY the emergency need,
If such an application is approved by the Employer, the Participant or Beneficiary shall be paid only such
amount as the Employer deems necessary to meet the emergency need, but payment shall not be made to the
extent that the financial hardship may be relieved through cessation of deferral under the Plan, insurance or
other reimbursement, or liquidation of other assets to the extent such liquidation would not itself cause severe
financial hardship.
An unforeseeable emergency shall be deemed to involve only circumstances of severe financial hardship
of a Participant or Beneficiary resulting from an illness or accident of the participant or beneficiary, the
Participant's or Beneficiary's spouse, or the Participant's or Beneficiary's dependent (as defined in Section
152 of the Code, and, for taxable years beginning on or after January 1, 2005, without regard to Sections
152(b)(1), (b)(2), and (d)(1)(B) of the Code); loss of the Participant's or Beneficiary's property due to
casualty (including the need to rebuild a home following damage to a home not otherwise covered by
homeowner's insurance, e,g" as a result of a natural disaster); or other similar extraordinary and unforeseeable
circumstances arising as a result of events beyond the control of the Participant or the Beneficiary, For
example, the imminent foreclosure of or eviction from the Participant's or Beneficiary's primary residence
may constitute an unforeseeable emergency, In addition, the need to pay for medical expenses, including
non-refundable deductibles, as well as for the cost of prescription drug medication, may constitute an
unforeseeable emergency, Finally, the need to pay for the funeral expenses of a spouse or a dependent (as
defined in section 152 of the Code, and, for taxable years beginning on or after January 1,2005, without
regard to Sections 152(b)(1), (b)(2), and (d)(l)(B) of the Code) may also constitute an unforeseeable
emergency, Except as otherwise specifically provided in this Section 7,07(b), the purchase of a home and the
payment of college tuition are not unforeseeable emergencies,
la-Service Distribution of Rollover Contributions. Effective January 1, 2006, the Employer may elect to
allow Participants to receive an in-service distribution of amounts attributable to rollover contributions to the Plan, If
tpe Employer has elected to make such distributions available, a Participant that has a separate account attributable
to r?llover contributions to the Plan, may at any time request a distribution of all or any portion of the amount
.ttnbutable to his or her rollover contribution,
11
Article VIII. Loans to Participants
7.09 In-Service Distribution to Participants Age 70-1/2 or Older, A Participant who has reached age 70
has not yet had a Severance Event, may, at any time, request a distribution of all or a part of his or her Accou
Participant may only receive two (2) such distributions pursuant to this Section 7.09 in any calendar year.
7.10 Distribution De Minimis Accounts, Notwithstanding the foregoing provisions of this Article VII:
(a) Mandatory Distribution, If the value of a Participant's Account is less than $1,000, the Participant's
shall be paid to the Participant in a single lump sum distribution, provided that:
(1) No amount has been deferred under the Plan with respect to the Participant during the 2-ye
ending on the date of the distribution; and
(2) There has been no prior distribution under the Plan to the Participant pursuant to this Sectio
(b) Voluntary Distribution, If the value of the Participant's Account is at least $1,000 but not more than th
limit under Section 411 (a)(11) (A) of the Code, the Participant may elect to receive his or her entire Acc
in a lump sum payment if:
(1) No amount has been deferred under the Plan with respect to the Participant during the 2-year p
ending on the date of the distribution; and
(2) There has been no prior distribution under the Plan to the Participant pursuant to this Section
8.01 Availability of Loans to Participants,
(a) The Employer may elect to make loans available to Participants in this Plan, If the Employer has elected
to make loans available to Participants, a Participant may apply for a loan from the Plan subject to the
limitations and other provisions of this Article, However, no loans are available from Deemed IRAs,
(b) The Employer shall establish written guidelines governing the granting of loans, provided that such guidelines
are approved by the Administrator and are not inconsistent with the provisions of this Article, and that loans
are made available to all Participants on a reasonably equivalent basis,
8.02 Terms and Conditions of Loans to Participants. Any loan by the Plan to a Participant under Section 8,01 of
the Plan shall satisfy the following requirements:
(a) Availability, Loans shall be made available to all Participants on a reasonably equivalent basis,
(b) Interest Rate, Loans must be adequately secured and bear a reasonable interest rate,
(c) Loan Limit, No Participant loan shall exceed the present value of the Participant's Account,
(d) Foreclosure, In the event of default on any installment payment, the outstanding balance of the loan shall be a
deemed distribution, In such event, an actual distribution of a plan loan offset amount will not occur until a
distributable event occurs in the Plan,
(e) Reduction of Account, Notwithstanding any other provision of this Plan, the portion of the Participant's
Account balance used as a security interest held by the Plan by reason of a loan outstanding to the Panicipant
shall be taken into account for purposes of determining the amount of the Account balance payable at the
time of death or distribution, but only if the reduction is used as repayment of the loan,
12
'(f) Amount of Loan. At the time the loan is made, the principal amount of the loan plus the outstanding balance
(principal plus accrued interest) due on any other outstanding loans to the Participant from the Plan and
from all other plans of the Employer that are either eligible deferred compensation plans described in section
457(b) of the Code or qualified employer plans under Section n(p)(4) of the Code shall not exceed the lesser
of:
(1) $50,000, reduced by the excess (if any) of
(i) The highest outstanding balance of loans from the Plan during the one (1) year period
ending on the day before the date on which the loan is made; or
(ii) The outstanding balance of loans from the Plan on the date on which such loan is made; or
(2) One-half of the value of the Participant's interest in all of his or her Accounts under this Plan.
(g) Application for Loan, The Participant must give the Employer adequate written notice, as determined by the
Employer, of the amount and desired time for receiving a loan, No more than one (1) loan may be made by
the Plan to a Participant's in any calendar year, No loan shall be approved if an existing loan from the Plan to
the Participant is in default to any extent,
(h) Length of Loan, Any loan issued shall require the Participant to repay the loan in substantially equal
installments of principal and interest, at least monthly, over a period that does not exceed five (5) years from
the date of the loan; provided, however, that if the proceeds of the loan are applied by the Participant to
acquire any dwelling unit that is to be used within a reasonable time (determined at the time of the loan is
made) arrer the loan is made as the principal residence of the Participant, the five (5) year limit shall not apply,
In this event, the period of repayment shall not exceed a reasonable period determined by the Employer,
Principal installments and interest payments otherwise due may be suspended for up to one (1) year during
an authorized leave of absence, if the promissory note so provides, but not beyond the original term permitted
under this subsection (h), with a revised payment schedule (within such term) instituted at the end of such
period of suspension,
Prepayment, The Participant shall be permitted to repay the loan in whole or in part at any time prior to
maturity, without penalty,
Promissory Note. The loan shall be evidenced by a promissory note executed by the Participant and delivered
to the Employer, and shall bear interest at a reasonable rate determined by the Employer,
Security, The loan shall be secured by an assignment of the participant's right, title and interest in and to his
or her Account,
Assignment or Pledge, For the purposes of paragraphs (f) and (g), assignment or pledge of any portion of the
Participant's interest in the Plan and a loan, pledge, or assignment with respect to any insurance contract
purchased under the Plan, will be treated as a loan,
Other 7erms and Conditions, The Employer shall fix such other terms and conditions of the loan as it deems
necessary to comply with legal requirements, to maintain the qualification of the Plan and Trust under Section
457 of the Code, or to prevent the treatment of the loan for tax purposes as a distribution to the Participant,
The Employer, in its discretion for any reason, may also fix other terms and conditions of the loan, including,
but not limited to, the provision of grace periods following an event of default, not inconsistent with the
provisions of this Article and Section 72(p) of the Code, and any applicable regulations thereunder,
13
Article IX. Deemed IRAs
8.03 Participant Loan Accounts.
(a) Upon approval of a loan to a Participant by the Employer, an amount not in excess of the loan shall be
transferred from the Participant's other investment fund(s), described in Section 6,05 of the Plan, to the
Participant's loan account as of the Accounting Date immediately preceding the agreed upon date on whic
the loan is to be made,
(b) The assets of a Participant's loan account may be invested and reinvested only in promissory notes received
by the Plan from the Participant as consideration for a loan permitted by Section 8.01 of the Plan or in cas
Uninvested cash balances in a Participant's loan account shall not bear interest, Neither the Employer, the
Administrator, nor any other person shall be liable for any loss, or by reason of any breach, that results from
the Participant's exercise of such control.
(c) Repayment of principal and payment of interest shall be made by payroll deduction or, where repayment
cannot be made by payroll deduction, by check, and shall be invested in one (1) or more other investment
funds, in accordance with Section 6,05 of the Plan, as of the next Accounting Date after payment thereof to
the Trust. The amount so invested shall be deducted from the Participant's loan account,
(d) The Employer shall have the authority to establish other reasonable rules, not inconsistent with the provisions
of the Plan, governing the establishment and maintenance of Participant loan accounts,
9.01 General. This Article IX of the Plan reflects section 602 of the Economic Growth and Tax Relief Reconciliation Act
of2001 ("EGTRRA"), as amended by the Job Creation and Worker Assistance Act of2002, This Article is intended
as good faith compliance with the requirements ofEGTRRA and is to be construed in accordance with EGTRRA
and guidance issued thereunder. This Article IX shall supersede the provisions of the Plan to the extent that those
provisions are inconsistent with the provisions of this Article IX,
Effective for Plan Years beginning after December 31,2002, the Employer may elect to allow Employees to make
voluntary employee contributions to a separate account or annuity established under the Plan that complies with
the requirements of Section 408(q) of the Code and any regulations promulgated thereunder (a "Deemed IRA"),
The Plan shall establish a separate account for the designated Deemed IRA contributions of each Employee and
any earnings properly allocable to the contributions, and maintain separate recordkeeping with respect to each such
Deemed IRA,
9.02 Voluntary Employee Contributions. For purposes of this Article, a voluntary employee contribution means any
contribution (other than a mandatory contribution within the meaning of Section 411 (c)(2) of the Code) that is made
by the Employee and which the Employee has designated, at or prior to the time of making the contribution, as a
contribution to which this Article applies.
9.03 Deemed IRA Trust Requirements, This Article shall satisfy the trust requirement under Section 408(q) of the
Code and the regulations thereto, IRAs established pursuant to this Article shall be held in one or more trusts or
custodial accounts (the "Deemed IRA Trusts"), which shall be separate from the Trust established under the Plan
to hold contributions other than Deemed IRA contributions, The Deemed IRA Trusts shall satisfy the applicable
requirements of Sections 408 and 408A of the Code, which requirements are set forth in section 9,05 and 9,06,
respectively, and shall be established with a trustee or custodian meeting the requirements of Section 408(a)(2) of
the Code ("Deemed IRA Trustee"), To the extent that the assets of any Deemed IRAs established pursuant to this
Article are held in a Deemed IRA Trust satisfying the requirements of this Section 9,03, such Deemed IRA Trust,
and any amendments thereto, is hereby adopted as a trust maintained under this Plan with respect to the assets held
therein, and the provisions of such Deemed IRA Trust shall control so long as any assets of any Deemed IRA are held
thereunder.
14
Reporting Duties, The Deemed IRA Trustee shall be subject to the reporting requirements of Section 408(i) of the
Code with respect to all Deemed IRAs that are established and maintained under the Plan,
Deemed Traditional IRA Requirements. Deemed IRAs established in the form of traditional IRAs shall satisfy
the following requirements:
(a) Exclusive Benefit. The Deemed IRA account shall be established for the exclusive benefit of an Employee or
his or her Beneficiaries,
(b) Maximum Annual Contributions,
(1) Except in the case of a rollover contribution (as permitted by Sections 402(c), 402(e)(6), 403(a)(4),
403(b)(8), 403(b)(10), 408(d)(3) and 457(e)(16) of the Code), no contributions will be accepted
unless they are in cash, and the total of such contributions shall not exceed:
$3,000 for any taxable year beginning in 2002 through 2004;
$4,000 for any taxable year beginning in 2005 through 2007; and
$5,000 for any taxable year beginning in 2008 and years thereafter,
After 2008, the limit will be adjusted by the Secretary of the Treasury for cost-of-living-increases
under Section 219(b)(5)(C) of the Code. Such adjustments will be in multiples of $500,
(2) In the case of an Employee who is 50 or older, the annual cash contribution limit is increased by:
$500 for any taxable year beginning in 2002 through 2005; and
$1,000 for any taxable year beginning in 2006 and thereafter,
(3) No contributions will be accepted under a SIMPLE IRA plan established by any employer pursuant
to Section 408(p) of the Code, Also, no transfer or rollover of funds attributable to contributions
made by a particular employer under its SIMPLE IRA plan will be accepted from a SIMPLE IRA,
that is an IRA used in conjunction with a SIMPLE IRA plan, prior to the expiration of the 2-year
period beginning on the date the Employee first participated in that employer's SIMPLE IRA plan,
(c) Collectibles. If the Deemed IRA Trust acquires collectibles with within the meaning of Section 408(m) of the
Code after December 31, 1981, Deemed IRA Trust assets will be treated as a distribution in an amount equal
to the cost of such collectibles,
(d) Life Insurance Contracts. No part of the Deemed IRA Trust funds will be invested in life insurance contracts,
(e) Minimum Required Distributions,
(1) Notwithstanding any provision of this Deemed IRA to the contrary, the distribution of the
Employee's interest in the account shall be made in accordance with the requirements of Section
408(a)(6) of the Code and the Income Tax Regulations thereunder, the provisions of which are
herein incorporated by reference, If distributions are made from an annuity contract purchased
from an insurance company, distributions thereunder must satisfy the requirements of Q&A-4 of
Section 1.401 (a) (9)-6T of the Income Tax Regulations (or Section 1.401(a)(9)-6 of the Income Tax
Regulations, as applicable), rather than paragraphs (2), (3) and (4) below and Section 9,05(f), The
minimum required distributions calculated for this IRA may be withdrawn from another IRA of the
Employee in accordance with Q&A-9 of Section 1.408-8 of the Income Tax Regulations,
(2) The entire value of the account of the Employee for whose benefit the account is maintained will
commence to be distributed no later than the first day of April following the calendar year in which
15
such Employee attains age 70-1/2 (the "required beginning date") over the life of such Employee 0
the lives of such Employee and his or her Beneficiary,
(3) The amount to be distributed each year, beginning with the calendar year in which the Employee
attains age 70-1/2 and continuing through the year of death shall not be less than the quotient
obtained by dividing the value of the IRA (as determined under section 9.05(f)(3)) as of the end of
the preceding year by the distribution period in the Uniform Lifetime Table in Q&A-2 of Section
401(a)(9)-9 of the Income Tax Regulations, using the Employee's age of his or her birthday in the
year, However, if the Employee's sole Beneficiary is his or her surviving spouse and such spouse is
more than 10 years younger than the Employee, then the distribution period is determined under
the Joint and Last Survivor Table in Q&A-3 of Section 1.401 (a)(9)-9 of the Income Tax Regulations,
using the ages as of the Employee's and spouse's birthdays in the year,
(4) The required minimum distribution for the year the Employee attains age 70-1/2 can be made as late
as April 1 of the following year, The required minimum distribution for any other year must be mad~
by the end of such year,
(f) Distribution Upon Death,
(1) Death On or After Required Beginning Date, If the Employee dies on or after the required beginning
date, the remaining portion of his or her interest will be distributed at least as rapidly as follows:
(i) If the Beneficiary is someone other than the Employee's surviving spouse, the remaining
interest will be distributed over the remaining life expectancy of the Beneficiary, with such
life expectancy determined using the Beneficiary's age as of his or her birthday in the year
following the year of the Employee's death, or over the period described in paragraph (1)(iii)
below if longer,
(ii) If the Employee's sole Beneficiary is the Employee's surviving spouse, the remaining interest
will be distributed over such spouse's life or over the period described in paragraph (1)(iii)
below if longer. Any interest remaining after such spouse's death will be distributed over
such spouse's remaining life expectancy determined using the spouse's age as of his or her
birthday in the year of the spouse's death, or, if the distributions are being made over the
period described in paragraph (1)(iii) below, over such period,
(iii) If there is no Beneficiary, or if applicable by operation of paragraph (1)(i) or (1)(ii) above,
the remaining interest will be distributed over the Employee's remaining life expectancy
determined in the year of the Employee's death,
(iv) The amount to be distributed each year under paragraph (1)(i), (ii), or (iii), beginning
with the calendar year following the calendar year of the Employee's death, is the quotient
obtained by dividing the value of the IRA as of the end of the preceding year by the
remaining life expectancy specified in such paragraph, Life expectancy is determined using
the Single Life Table in Q&A-l of Section 1.401 (a)(9)-9 of the Income Tax Regulations,
If distributions are being made to a surviving spouse as the sole Beneficiary, such spouse's
remaining life expectancy for a year is the number in the Single Life Table corresponding to
such spouse's age in the year, In all other cases, remaining life expectancy for a year is the
number in the Single Life Table corresponding to the Beneficiary's or Employee's age in the
year specified in paragraph 1 (i), (ii), or (iii) and reduced by 1 for each subsequent year.
(2) Death Before Required Beginning Date, If the Employee dies before the required beginning date, his or
her entire interest will be distributed at least as rapidly as follows:
(i)
If the Beneficiary is someone other than the Employee's surviving spouse, the entire interest
will be distributed, starting by the end of the calendar year following the calendar year of
16
llill\t\fI
~.,,~G" .
the Employee's death, over the remaining life expectancy of the Beneficiary, with such life
expectancy determined using the age of the Beneficiary as of his or her birthday in the year
following the year of the Employee's death, or, if elected, in accordance with paragraph
(2)(iii) below,
(ii) If the Employee's sole Beneficiary is the Employee's surviving spouse, the entire interest
will be distributed, starting by the end of the calendar year following the calendar year of
the Employee's death (or by the end of the calendar year in which the Employee would
have attained age 70-1/2, iflater), over such spouse's life, or, if elected, in accordance with
paragraph (2)(iii) below, If the surviving spouse dies before distributions are required to
begin, the remaining interest will be distributed, starting by the end of the calendar year
following the calendar year of the spouse's death, over the spouse's Beneficiary's remaining
life expectancy determined using such Beneficiary's age as of his or her birthday in the
year following the death of the spouse, or, if elected, will be distributed in accordance with
paragraph (2)(iii) below, If the surviving spouse dies after distributions are required to
begin, any remaining interest will be distributed over the spouse's remaining life expectancy
determined using the spouse's age as of his or her birthday in the year of the spouse's death,
(iii) If there is no Beneficiary, or if applicable by operation of paragraph (2)(i) or (2)(ii) above,
the entire interest will be distributed by the end of the calendar year containing the fifth
anniversary of the Beneficiary's death (or of the spouse's death in the case of the surviving
spouse's death before distributions are required to begin under paragraph (2)(ii) above),
(iv) The amount to be distributed each year under paragraph (2)(i) or (ii) is the quotient to
be obtained by dividing the value of the IRA as of the end of the preceding year by the
remaining life expectancy specified in such paragraph, Life expectancy is determined using
the Single Life Table in Q&A-1 of Section 1.401 (a) (9)-9 of the Income Tax Regulations,
If distributions are being made to a surviving spouse as the sole Beneficiary, such spouse's
remaining life expectancy for a year is the number in the Single Life Table corresponding to
the Beneficiary's age in the year specified in paragraph (2)(i) or (ii) and reduced by 1 for each
subsequent year,
(v) The "value" of the IRA includes the amount of any outstanding rollover, transfer and
recharacterization under Q&As-7 and -8 of Section 1.408-8 of the Income Tax Regulations,
(vi) If the sole Beneficiary is the Employee's stirviving spouse, the spouse may elect to treat
the IRA as his or her own IRA, This election will be deemed to have been made if such
surviving spouse makes a contribution to the IRA or fails to take required distributions as a
Beneficiary,
(g) Nonforfeitable, The interest of an Employee in the balance in his or her Deemed IRA account is
nonforfeitable at all times,
(h) Reporting. The Deemed IRA Trustee of a Deemed Traditional IRA shall furnish annual calendar-year reports
concerning the status of the Deemed IRA account and such information concerning required minimum
distributions as is prescribed by the Commissioner of Internal Revenue,
(i) Substitution of Deemed IRA Trustee, If the Deemed IRA Trustee is a non-bank trustee or custodian, the non-
bank trustee or custodian shall substitute another trustee or custodian if the non-bank trustee or custodian
receives notice from the Commissioner of Internal Revenue that such substitution is required because it has
failed to comply with the requirements of Section l,408-2(e) of the Income Tax Regulations and Section
1.408-2T of the Income Tax Regulations
17
(i) If the Employee is under age 50, the applicable amount is:
9.06 Deemed Roth IRA Requirements, Deemed IRAs established in the form of Roth IRAs shall satisfy the following
req uirements:
(a) Exclusive Benefit, The Deemed Roth IRA shall be established for the exclusive benefit of an Employee or his
or her Beneficiaries,
(b) Maximum Annual Contributiom,
(1) Maximum Permissible Amount, Except in the case of a qualified rollover contribution or
recharacterization (as defined in (6) below), no contribution will be accepted unless it is in cash and
the total of such contributions to all the Employee's Roth IRAs for a taxable year does not exceed
the applicable amount (as defined in (2) below), or the Employee's compensation (as defined in (8)
below) if less, for that taxable year, The contribution described in the previous sentence that may
not exceed the lesser of the applicable amount or the Employee's compensation is referred to as a
"regular contribution." A "qualified rollover contribution" is a rollover contribution that meets the
requirements of Section 408(d)(3) of the Code, except the one-rollover-per-year rule of Section
408(d)(3)(B) does not apply if the rollover contribution is from another IRA other than a Roth IRA
(a "nonRoth IRA"), Contributions may be limited under (3) through (5) below,
(2) Applicable Amount, The applicable amount is determined under (i) or (ii) below:
$3,000 for any taxable year beginning in 2002 through 2004;
$4,000 for any taxable year beginning in 2005 through 2007; and
$5,000 for any taxable year beginning in 2008 and years thereafter,
(ii) If the Employee is 50 or older, the applicable amount is:
$3,500 for any taxable year beginning in 2002 through 2004;
$4,500 for any taxable year beginning in 2005;
$5,000 for any taxable year beginning in 2006 through 2007; and
$6,000 for any taxable year beginning in 2008 and years thereafter,
After 2008, the limits in paragraph (2)(i) and (ii) above will be adjusted by the Secretary of the
Treasury for cost-of-living increases under Section 219(b)(5)(C) of the Code, Such adjustments will
be in multiples of $500,
(3) If (i) and/or (ii) below apply, the maximum regular contribution that can be made to all the
Employee's Roth IRAs for the taxable year is the smaller amount determined under (i) or (ii),
18
(i) The maximum regular contribution is phased out ratably between certain levels of modified
adjusted gross income ("modified AGI," defined in (7) below) in accordance with the
following table:
Modified AGI
Filing Status
Full
Contribution
No
Contribution
Phase-out
Range
Single or Head
of Household
Joint Return
or Qualifying
Widower
$95,000 or less
Between $95,000
and $110,000
or more
$110,000
Between $150,000
and $160,000
$150,000 or less
$160,000
or more
Married-
Separate Return
Between $0
and $10,000
or more
$0
$10,000
If the Employee's modified AGI for a taxable year is in the phase-out range, the maximum
regular contribution determined under this table for that taxable year is rounded up to the
next multiple of $10 and not reduced below $200,
(ii) If the Employee makes regular contributions to both Roth and nonRoth IRAs for a taxable
year, the maximum regular contribution that can be made to all the Employee's Roth IRAs
for that taxable year is reduced by the regular contributions made to the Employee's nonRoth
IRAs for the taxable year,
(4) Qualified Rollover Contribution Limit, A rollover from a nonRoth IRA cannot be made to this IRA if,
for the year the amount is distributed from the nonRoth IRA,(i) the Employee is married and files a
separate return, (ii) the Employee is not married and has modified AGI in excess of $1 00,000 or (iii)
the Employee is married and together the Employee and the Employee's spouse have modified AGI
in excess of $100,000, For purposes of the preceding sentence, a husband and wife are not treated as
married for a taxable year if they have lived apart at all times during that taxable year and file separate
returns for the taxable year,
(5) SIMPLE IRA Limits, No contributions will be accepted under a SIMPLE IRA plan established
by any employer pursuant to Section 408(p) of the Code, Also, no transfer or rollover of funds
attributable to contributions made by a particular employer under its SIMPLE IRA plan will be
accepted from a SIMPLE IRA, that is, an IRA used in conjunction with a SIMPLE IRA plan, prior
to the expiration of the 2-year period beginning on the date the Employee first participated in that
employer's SIMPLE IRA plan,
(6) Recharacterization, A regular contribution to a nonRoth IRA may be recharacterized pursuant to
the rules in Section 1.408A-5 of the Income Tax Regulations as a regular contribution to this IRA,
subject to the limits in (3) above,
(7) ModifiedAGI, For putposes of (3) and (4) above, an Employee's modified AGI for a taxable year
is defined in Section 408A(c)(3)(C)(i) of the Code and does not include any amount included in
adjusted gross income as a result of a rollover from a nonRoth IRA (a "conversion"),
(8) Compensation, For purposes of (1) above, compensation is defined as wages, salaries, professional
fees, or other amounts derived from or received for personal services actually rendered (including, but
not limited to, commissions paid salesmen, compensation for services on the basis of a percentage
of profits, commissions on insurance premiums, tips and bonuses) and includes earned income, as
defined in Section 401(c)(2) of the Code (reduced by the deduction the self-employed individual
19
takes for contributions made to a self-employed retirement plan), For purposes of this definition,
Section 401 (c)(2) of the Code shall be applied as if the term trade or business for purposes of Section
1402 of the Code included service described in subsection (c)(6). Compensation does not include
amounts derived from or received as earnings or profits from property (including but not limited
to interest and dividends) or amounts not includible in gross income, Compensation also does
not include any amount received as a pension or annuity or as deferred compensation, The term
"compensation" shall include any amount includible in the Employee's gross income under Section
71 of the Code with respect to a divorce or separation instrument described in subparagraph (A)
of Section 71 (b)(2) of the Code In the case of a married Employee filing a joint rerum, the greater
compensation of his or her spouse is treated as his or her own compensation but only to the extent
that such spouse's compensation is not being used for purposes of the spouse making a contribution
to a Roth IRA or a deductible contribution to a nonRoth IRA,
(c) Collectibles, If the Deemed IRA Trust acquires collectibles within the meaning of Section 408(m) of the Code
after December 31, 1981, Deemed IRA Trust assets will be treated as a distribution in an amount equal to the
cost of such collectibles,
(d) Life Insurance Contracts, No part of the Deemed IRA Trust funds will be invested in life insutance contracts,
(e) Distributions Before Death. No amount is required to be distributed prior to the death of the Employee for
whose benefit the account was originally established,
(f) Minimum Required Distributions,
(1) Notwithstanding any provision of this IRA to the contrary, the distribution of the Employee's interest
in the account shall be made in accordance with the requirements of Section 408(a)(6) of the Code,
as modified by section 408A(c)(5), and the regulations thereunder, the provisions of which are herein
incorporated by reference, If distributions are made from an annuity contract purchased from an
insurance company, distributions thereunder must satisfy the requirements of section 1.401(a)(9)-6T
of the Temporary Income Tax Regulations (taking into account Section 408A(c) (5) of the Code) (or
Section 1.401 (a)(9)-6 of the Income Tax Regulations, as applicable), rather than the distribution rules
in paragraphs (2), (3) and (4) below,
(2) Upon the death of the Employee, his or her entire interest will be distributed at least as rapidly as
follows:
(i) If the Beneficiary is someone other than the Employee's surviving spouse, the entire
interest will be distributed, starting by the end of the calendar year following the year of
the Employee's death, over the remaining life expectancy of the Beneficiary, with such life
expectancy determined using the age of the beneficiary as of his or her birthday in the year
following the year of the Employee's death, or, if elected, in accordance with paragraph
(2)(iii) below,
(ii) If the Employee's sole Beneficiary is the Employee's surviving spouse, the entire interest
will be distributed starting by the end of the calendar year following the calendar year of
the Employee's death (or by the end of the calendar year in which the Employee would
have attained age 70-1/2, iflater), over such spouse's life, or, if elected, in accordance with
paragraph (2)(iii) below, If the surviving spouse dies before distributions are required to
begin, the remaining interest will be distributed, starting by the end of the calendar year
following the calendar year of the spouse's death, over the spouse's Beneficiary's remaining
life expectancy determined using such Beneficiary's age as of his or her birthday in the
year following the death of the spouse, or, if elected, will be distributed in accordance with
paragraph (2)(iii) below, If the surviving spouse dies after distributions are required to
begin, any remaining interest will be distributed over the spouse's remaining life expectancy
determined using the spouse's age as of his or her birthday in the year of the spouse's death,
20
(iii) If there is no Beneficiary, or if applicable by operation of paragraph (2)(i) or (2)(ii) above, the
entire interest will be distributed the end of the calendar year containing the fifth anniversary
of the Employee's death (or of the spouse's death in the case of the surviving spouse's death
before distributions are required to begin under paragraph 2(ii) above).
(iv) The amount to be distributed each year under paragraph (2)(i) or (ii) is the quotient
obtained by dividing the value of the IRA as of the end of the preceding year by the
remaining life expectancy specified in such paragraph, Life expectancy is determined using
the Single Life Table in Q&A-l of Section 1.401 (a) (9)-9 of the Income Tax Regulations,
If distributions are being made to a surviving spouse as the sole Beneficiary, such spouse's
remaining life expectancy for a year is the number in the Single Life Table corresponding to
such spouse's age in the year. In all other cases, remaining life expectancy for a year is the
number in the Single Life Table corresponding to the Beneficiary's age in the year specified in
paragraph (2)(i) or (ii) and reduced by 1 for each subsequent year.
(3) The "value" of the IRA includes the amount of any outstanding rollover, transfer and
recharacterization under Q&As-7 and -8 of Section 1.408-8 of the Income Tax Regulations,
(4) If the sole Beneficiary is the Employee's surviving spouse, the spouse may elect to treat the IRA as his
or her own IRA, This election will be deemed to have been made if such surviving spouse makes a
contribution to the IRA or fails to take required distributions as a Beneficiary,
(g) Nonforfeitable, The interest of an Employee in the balance in his or her account is nonforfeitable at all times,
(h) Reporting. The Deemed IRA Trustee of a Deemed Roth IRA shall furnish annual calendar-year reports
concerning the status of the Deemed IRA account and such information concerning required minimum
distributions as is prescribed by the Commissioner of Internal Revenue,
(i) Substitution of Deemed IRA Trustee, If the Deemed IRA Trustee is a non-bank trustee or custodian, the non-
bank trustee or custodian shall substitute another trustee or custodian if the non-bank trustee or custodian
receives notice from the Commissioner ofInternal Revenue that such substitution is required because it has
failed to comply with the requirements of Section 1.408-2(e) of the Income Tax Regulations and Section
1.408-2T of the Income Tax: Regulations,
Article X. Non-Assignability
10,01 General. Except as provided in Article VIII and Section 10,02, no Participant or Beneficiary shall have any right to
commute, sell, assign, pledge, transfer or otherwise conveyor encumber the right to receive any payments hereunder,
which payments and rights are expressly declared to be non-assignable and non-transferable.
10,02 Domestic Relations Orders.
(a) Allowance of Transfers: To the extent required under a final judgment, decree, or order (including approval of a
property settlement agreement) that (1) relates to the provision of child support, alimony payments, or marital
property rights and (2) is made pursuant to a state domestic relations law, and (3) is permitted under Sections
414(p) (11) and (12) of the Code, any portion of a Participant's Account may be paid or set aside for payment
to a spouse, former spouse, child, or other dependent of the Participant (an ''Alternate Payee"). Where
necessary to carry out the terms of such an order, a separate Account shall be established with respect to the
Alternate Payee who shall be entitled to make investment selections with respect thereto in the same manner
as the Participant, Any amount so set aside for an Alternate Payee shall be paid in accordance with the form
and timing of payment specified in the order. Nothing in this Section shall be construed to authorize any
amount to be distributed under the Plan at a time or in a form that is not permitted under Section 457(b) of
21
the Code and is explicitly permitted under the uniform procedures described in Section lO,2(d) below, Any
payment made to a person pursuant to this Section shall be reduced by any required income tax withholding,
(b) Release from Liability to Participant: The Employer's liability to pay benefits to a Participant shall be reduced
to the extent that amounts have been paid or set aside for payment to an Alternate Payee to paragraph (a) of
this Section and the Participant and his or her Beneficiaries shall be deemed to have released the Employer
and the Plan Administrator from any claim with respect to such amounts,
(c) Participation in Legal Proceedings: The Employer and Administrator shall not be obligated to defend against
or set aside any judgment, decree, or order described in paragraph (a) or any legal order relating to the
garnishment of a Participant's benefits, unless the full expense of such legal action is borne by the Participant,
In the event that the Participant's action (or inaction) nonetheless causes the Employer or Administrator to
incur such expense, the amount of the expense may be charged against the Participant's Account and thereby
reduce the Employer's obligation to pay benefits to the Participant, In the course of any proceeding relating
to divorce, separation, or child support, the Employer and Administrator shall be authorized to disclose
information relating to the Participant's Account to the Alternate Payee (including the legal representatives of
the Alternate Payee), or to a court,
(d) Determination o/Validity o/Domestic Relations Orders: The Administrator shall establish uniform procedures
for determining the validity of any domestic relations order, The Administrator's determinations under such
procedures shall be conclusive and binding on all parties and shall be afforded the maximum amount of
deference permitted by law,
10.03 IRS Levy. Notwithstanding Section 10,01, the Administrator may pay from a Participant's or Beneficiary's Account
balance the amount that the Administrator finds is lawfully demanded under a levy issued by the Internal Revenue
Service with respect to that Participant or Beneficiary or is sought to be collected by the United States Government
under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary,
10.04 Mistaken Contribution. To the extent permitted by applicable law, if any contribution (or any portion of
a contribution) is made to the Plan by a good faith mistake of fact, then after the payment of the contribution,
and upon receipt in good order of a proper request approved by the Administrator, the amount of the mistaken
contribution (adjusted for any income or loss in value, if any, allocable thereto) shall be returned directly to the
Participant or, to the extent required or permitted by the Administrator, to the Employer.
10.05 Payments to Minors and Incompetents. If a Participant or Beneficiary entitled to receive any benefits hereunder
is a minor or is adjudged to be legally incapable if giving valid receipt and discharge for such benefits, or is deemed so
by the Administrator, benefits will be paid to such persons as the Administrator may designate for the benefit of such
Participant or Beneficiary, Such payments shall be considered a payment to such Participant or Beneficiary and shall,
to the extent made, be deemed a complete discharge of any liability for such payments under the Plan.
10.06 Procedure When Distributee Cannot Be Located. The Administrator shall make all reasonable attempts to
determine the identity and address of a Participant or a Participant's Beneficiary entitled to benefits under the Plan,
For this purpose, a reasonable attempt means (a) the mailing by certified mail of a notice to the last known address
shown on the Employer or Administrator's records, (b) notification sent to the Social Security Administration or the
Pension Benefit Guarantee Corporation (under their program to identify payees under retirement plans), and (c) the
payee has not responded within 6 months, If the Administrator is unable to locate such a person entitled to benefits
hereunder, or if there has been no claim made for such benefits, the Trust shall continue to hold the benefits due such
person,
Article XI. Relationship to Other Plans and Employment Agreements
This Plan serves in addition to any other retirement, pension, or benefit plan or system presently in existence or hereinafter
established for the benefit of the Employer's employees, and participation hereunder shall not affect benefits receivable under
any such plan or system. Nothing contained in this Plan shall be deemed to constitute an employment contract or agreement
22
. between any Participant and the Employer or to give any Participant the right to be retained in the employ of the Employer.
Nor shall anything herein be construed to modify the terms of any employment contract or agreement between a Participant
and the Employer,
Article XII. Amendment or Termination of Plan
The Employer may at any time amend this Plan provided that it transmits such amendment in writing to the Administrator at
least 30 days prior to the effective date of the amendment. The consent of the Administrator shall not be required in order for
such amendment to become effective, but the Administrator shall be under no obligation to continue acting as Administrator
hereunder if it disapproves of such amendment.
The Administrator may at any time propose an amendment to the Plan by an instrument in writing transmitted to the
Employer at least 30 days before the effective date of the amendment. Such amendment shall become effective unless, within
such 30-day period, the Employer notifies the Administrator in writing that it disapproves such amendment, in which case
such amendment shall not become effective, In the event of such disapproval, the Administrator shall be under no obligation
to continue acting as Administrator hereunder,
The Employer may at any time terminate this Plan, In the event of termination, assets of the Plan shall be distributed to
Participants and Beneficiaries as soon as administratively practicable following termination of the Plan, Alternatively, assets of
the Plan may be transferred to an eligible deferred compensation plan maintained by another eligible governmental employer
within the same State if (a) all assets held by the Plan (other than Deemed IRAs) are transferred; (b) the receiving plan provides
for the receipt of transfers; (c) the Participants and Beneficiaries whose deferred amounts are being transferred will have an
amount immediately after the transfer at least equal to the deferred amount immediately before the transfer; and (d) the
Participants or Beneficiaries whose deferred amounts are being transferred is not eligible for additional annual deferrals in the
receiving plan unless the Participants or Beneficiaries are performing services for the employer maintaining the receiving plan.
Except as may be required to maintain the status of the Plan as an eligible deferred compensation plan under Section 457(b) of
the Code or to comply with other applicable laws, no amendment or termination of the Plan shall divest any Participant of any
rights with respect to compensation deferred before the date of the amendment or termination,
Article XIII. Applicable Law
This Plan and Trust shall be construed under the laws of the state where the Employer is located and is established with
the intent that it meet the requirements of an "eligible deferred compensation plan" under Section 457(b) of the Code, as
amended, The provisions of this Plan and Trust shall be interpreted wherever possible in conformity with the requirements of
that Section of the Code,
In addition, notwithstanding any provision of the Plan to the contrary, the Plan shall be administered in compliance with the
requirements of Section 414(u) of the Code,
Article:xIV: Gender and Number
The masculine pronoun, whenever used herein, shall include the feminine pronoun, and the singular shall include the plural,
except where the context requires otherwise,
23
DECLARATION OF TRUST
This Declaration of Trust (the "Group Trust Agreement") is made as of the 19th day of May, 2001, by VantageTrust Company,
which declares itself to be the sole Trustee of the trust hereby created,
WHEREAS, the ICMA Retirement Trust was created as a vehicle for the commingling of the assets of governmental plans
and governmental units described in Section 818(a)(6) of the Internal Revenue Code of 1986, as amended, pursuant to a
Declaration of Trust dated October 4, 1982, as subsequently amended, a copy of which is attached hereto and incorporated by
reference as set out below (the "ICMA Declaration"); and
WHEREAS, the trust created hereunder (the "Group Trust") is intended to meet the requirements of Revenue Ruling 81-
100, 1981-1 C.B. 326, and is established as a common trust fund within the meaning of Section 391: 1 of Title 35 of the New
Hampshire Revised Statutes Annotated, to accept and hold for investment purposes the assets of the Deferred Compensation
and Qualified Plans held by and through the ICMA Retirement Trust,
NOW, THEREFORE, the Group Trust is created by the execution of this Declaration of Trust by the Trustee and is established
with respect to each Deferred Compensation and Qualified Plan by the transfer to the Trustee of such Plan's assets in the
ICMA Retirement Trust, by the Trustees thereof, in accord with the following provisions:
(a) Incorporation of ICMA Declaration by Reference; ICMA By-Laws, Except as otherwise provided in this Group
Trust Agreement, and to the extent not inconsistent herewith, all provisions of the ICMA Declaration are
incorporated herein by reference and made a part hereof, to be read by substituting the Group Trust for the
Retirement Trust and the Trustee for the Board of Trustees referenced therein, In this respect, unless the
context clearly indicates otherwise, all capitalized terms used herein and defined in the ICMA Declaration
have the meanings assigned to them in the ICMA Declaration, In addition, the By-Laws of the ICMA
Retirement Trust, as the same may be amended from time-to-time, are adopted as the By-Laws of the Group
Trust to the extent not inconsistent with the terms of this Group Trust Agreement,
Notwithstanding the foregoing, the terms of the ICMA Declaration and By-Laws are further modified with
respect to the Group Trust created hereunder, as follows:
1, any reporting, distribution, or other obligation of the Group Trust vis-a.-vis any Deferred
Compensation Plan, Qualified Plan, Public Employer, Public Employer Trustee, or Employer Trust
shall be deemed satisfied to the extent that such obligation is undertaken by the ICMA Retirement
Trust (in which case the obligation of the Group Trust shall run to the ICMA Retirement Trust); and
2, all provisions dealing with the number, qualification, election, term and nomination of Trustees shall
not apply, and all other provisions relating to trustees (including, but not limited to, resignation
and removal) shall be interpreted in a manner consistent with the appointment of a single corporate
trustee,
(b) Compliance with Revenue Procedure 81-100, The requirements of Revenue Procedure 81-100 are applicable to
the Group Trust as follows:
1, Pursuant to the terms of this Group Trust Agreement and Article X of the By-Laws, investment in the
Group Trust is limited to assets of Deferred Compensation and Qualified Plans, investing through the
ICMA Retirement Trust,
2. Pursuant to the By-Laws, the Group Trust is adopted as a part of each Qualified Plan that invests
herein through the ICMA Retirement Trust,
3, In accord with the By-Laws, that part of the Group Trust's corpus or income which equitably belongs
to any Deferred Compensation and Qualified Plan may not be used for or diverted to any purposes
other than for the exclusive benefit of the Plan's employees or their beneficiaries who are entitled to
benefits under such Plan,
J".
4, In accord with the By-Laws, no Deferred Compensation Plan or Qualified Plan may assign any or
part of its equity or interest in the Group Trust, and any purported assignment of such equity or
interest shall be void,
(c) Governing Law, Except as otherwise required by federal, state or local law, this Declaration of Trust (including
the ICMA Declaration to the extent incorporated herein) and the Group Trust created hereunder shall be
construed and determined in accordance with applicable laws of the State of New Hampshire,
(d) Judicial Proceedings, The Trustee may at any time initiate an action or proceeding in the appropriate state
or federal courts within or outside the state of New Hampshire for the settlement of its accounts or for the
determination of any question of construction which may arise or for instructions.
IN WITNESS "W1-IEREOF, the Trustee has executed this Declaration of Trust as of the day and year first above written,
VANTAGETRUST COMPANY
By, ILt :f.i.~
Name: Paul F. Gallagher
Title:
Secretary
2
ilih;;,
If;',t.,
RESOLUTION NO. 6-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, ADOPTING THE ICMA RETIREMENT
COPRORATION GOVERNMENTAL MONEY PURCHASE PLAN
AND TRUST, PLAN NO, 10-9648, A 40lA QUALIFIED
RETIREMENT PLAN AS AMENDED BY REJECTING AND
ACCEPTING CERTAIN ELECTIONS, TO BE EFFECTIVE
FEBRUARY 1, 2007; PROVIDING THAT THE ASSETS OF THE
PLAN SHALL BE HELD IN TRUST FOR THE EXCLUSIVE BENEFIT
OF PLAN PARTICIPANTS AND THEIR BENEFICIARIES;
PROVIDING AN EFFECTIVE DATE,
WHEREAS, the City of Delray Beach has previously established and maintains the ICMA
Retirement Corporation Governmental Money Purchase Plan and Trust, a 40lA Qualified Retirement Plan;
and,
WHEREAS, the ICMA-RC is using a negative election process wherein no notification is necessary
to ICMA-RC to take advantage of changes in the law; and,
WHEREAS, however, the City desires to make certain elections and reject others and therefore
adopts this resolution which adopts the amended and restated plan; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1, That the City hereby amends and adopts the restated ICMA Retirement Corporation
40lA Governmental Money Purchase Plan and Trust (the "Plan"), attached hereto and made a part hereof
as Appendix "A", as amended by the elections as set forth below.
Section 2.
Y:z or older,
That the Plan shall not permit in-service distributions to participants who are age 70
Section 3,
That the Plan shall not permit in-service distributions of roll over assets,
Section 4, That the Plan shall include pretax health care benefit contributions to an integral part
trust (excluding direct employer contributions) as part of an employees' gross income when calculating
plan contributions.
Section 5. That the Plan shall continue using the OJSA election which provides for a qualified
joint and survivor annuity (or life annuity, if the participant is single) and requires a written waiver with the
consent of the spouse.
Section 6, That the assets of the Plan shall be held in trust, with the City serving as Trustee, for
the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to
any other purpose, The City hereby agrees to serve as trustee under the Plan, The Trustee's beneficial
ownership of Plan assets held in the Vantage Trust shall be held for the further exclusive benefit of the Plan
participants and their beneficiaries,
PASSED AND ADOPTED in regular session on this the _ day of
,2007,
MAYOR
ATTEST:
City Clerk
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RES, NO. 6-07
IcMARC
Building Retirement Security
Appendix II All
GOVERNMENTAL MONEY PURCHASE PLAN & TRUST
I. PURPOSE
The Employer hereby adopts this Plan and Trust to provide funds for its Employees' retirement, and to provide funds
for their Beneficiaries in the event of death, The benefits provided in this Plan shall be paid from the Trust, The Plan
and the Trust forming a part hereof are adopted and shall be maintained for the exclusive benefit of eligible Employees
and their Beneficiaries. Except as provided in Sections 4,10 and 14,03, no part of the corpus or income of the Trust
shall revert to the Employer or be used for or diverted to purposes other than the exclusive benefit of Participants and
their Beneficiaries,
II. DEFINITIONS
2.01 Account. A separate record which shall be established and maintained under the Trust for each Participant,
and which shall include all Participant sub accounts created pursuant to Article IV, plus any Participant Loan
Account created pursuant to Section 13,03, Each subaccount created pursuant to Article IV shall include any
earnings of the Trust and adjustments for withdrawals, and realized and unrealized gains and losses allocable
thereto, The term "Account" may also refer to any of such separate subaccounts.
2,02 Accounting Date, Each day that the New York Stock Exchange is open for trading, and such other dates as
may be determined by the Plan Administrator, as provided in Section 6,06 for valuing the Trust's assets.
2.03 Adoption Agreement. The separate agreement executed by the Employer through which the Employer adopts
the Plan and elects among the various alternatives provided thereunder, and which upon execution, becomes an
integral part of the Plan,
2,04 Beneficiary, The person or persons (including a trust) designated by the Participant who shall receive any
benefits payable hereunder in the event of the Participant's death, The designation of such Beneficiary shall
be in writing to the Plan Administrator, A Participant may designate primary and contingent Beneficiaries,
Where no designated Beneficiary survives the Participant or no Beneficiary is otherwise designated by the
Participant, the Participant's Beneficiary shall be his/her surviving spouse or, if none, his/her estate.
Notwithstanding the foregoing, the Beneficiary designation is subject to the requirements of Article XlI unless
the Employer elects otherwise in the Adoption Agreement,
Notwithstanding the foregoing, where elected by the Employer in the Adoption Agreement (the "QJSA
Election"), the Beneficiary designation is subject to the requirements of Article XVII.
Notwithstanding the foregoing, to the extent permitted by the Employer, a Beneficiary receiving required
minimum distributions in accordance with Article X and not in a benefit form elected under Article Xl or XlI,
may designate a Beneficiary to receive the required minimum distributions that would have otherwise been
payable to the initial Beneficiary but for his or her death,
2.05 Break in Service. A Period of Severance of at least twelve (12) consecutive months.
In the case of an individual who is absent from work for maternity or paternity reasons, the twelve (12)
consecutive month period beginning on the first anniversary of the first date of such absence shall not constitute
a Break in Service, For purposes of this paragraph, an absence from work for maternity or paternity reasons
means an absence (1) by reason of the pregnancy of the individual, (2) by reason of the birth of a child of the
individual, (3) by reason of the placement of a child with the individual in connection with the adoption of
such child by such individual, or (4) for purposes of caring for such child for a period beginning immediately
following such birth or placement.
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2,06 Code. The Internal Revenue Code of 1986, as amended from time to time.
2,07 Covered Employment Classification. The group or groups of Employees eligible to make and/or have
contributions to this Plan made on their behalf, as specified by the Employer in the Adoption Agreement,
2.08 Disability, A physical or mental impairment which is of such permanence and degree that, as determined by
the Employer, a Participant is unable because of such impairment to perform any substantial gainful activity
for which he/she is suited by virtue of his/her experience, training, or education and that has lasted, or can
be expected to last, for a continuous period of not less than twelve (12) months, or can be expected to result
in death, The permanence and degree of such impairment shall be supported by medical evidence. If the
Employer maintains a long-term disability plan, the definition of Disability shall be the same as the definition
of disability in the long-term disability plan,
2.09 Earnings.
(a) General Rule. Earnings, which form the basis for computing Employer Contributions, are all of each
Participant's W-2 earnings which are actually paid to the Participant during the Plan Year, plus any
contributions made pursuant to a salary reduction agreement which are not includible in the gross
income of the Employee under section 125, 402(e)(3), 402(h)(1)(B), 403(b), 414(h)(2), 457(b), or,
effective January 1, 2001, 132(f)(4) of the Code, Earnings shall include any pre-tax: contributions
(excluding direct employer contributions) to an integral part trust of the Employer providing retiree
health care benefits, Earnings shall also include any other earnings as defined and elected by the
Employer in the Adoption Agreement, Unless the Employer elects otherwise in the Adoption
Agreement, Earnings shall exclude overtime compensation and bonuses,
(b) Limitation on Earnings, For any Plan Year beginning after December 31, 2001, the annual Earnings of
each Participant taken into account in determining allocations shall not exceed $200,000, as adjusted
for cost-of-living increases in accordance with section 401 (a) (17)(B) of the Code, Annual Earnings
means Earnings during the Plan Year or such other consecutive 12-month period over which Earnings
is otherwise determined under the Plan (the determination period), The cost-of-living adjustment in
effect for a calendar year applies to annual Earnings for the determination period that begins with or
within such calendar year.
If a determination period consists of fewer than twelve (12) months, the annual Earnings limit is
an amount equal to the otherwise applicable annual Earnings limit multiplied by the fraction, the
numerator of which is the number of months in the short Plan Year and the denominator of which
is twelve (12). If Earnings for any prior determination period are taken into account in determining
a Participant's allocations for the current Plan Year, the Earnings for such prior year are subject to the
applicable annual Earnings limit in effect for that prior year,
(c) Limitations for Governmental Plans. In the case of an eligible participant in a governmental plan
(within the meaning of section 414(d) of the Code), the dollar limitation shall not apply to the extent
the Earnings which are allowed to be taken into account under the Plan would be reduced below the
amount which was allowed to be taken into account under the Plan as in effect on July 1, 1993, as
adjusted for increases in the cost-of-living in accordance with section 401 (a) (17) (B) of the Code, For
purposes of this Section, an eligible participant is an individual who first became a Participant in the
Plan during a Plan Year beginning before the first Plan Year beginning after December 31, 1993,
2.10 Effective Date. The first day of the Plan Year during which the Employer adopts the Plan, unless the Employer
elects in the Adoption Agreement an alternate date as the Effective Date of the Plan,
2.11 Employee. Any individual who has applied for and been hired in an employment position and who is
employed by the Employer as a common law employee; provided, however, that Employee shall not include
any individual who is not so recorded on the payroll records of the Employer, including any such person who is
2
subsequently reclassified by a court of law or regulatory body as a common law employee of the Employer, For
purposes of clarification only and not to imply that the preceding sentence would otherwise cover such person,
the term Employee does not include any individual who performs services for the Employer as an independent
contractor, or under any other non-employee,
2.12 Employer. The unit of state or local government or an agency or instrumentality of one (1) or more states or
local governments that executes the Adoption Agreement.
2.13 Hour of Service, Each hour for which an Employee is paid or entitled to payment for the performance of du-
ties for the Employer,
2,14 Nonforfeitable Interest, The nonforfeitable interest of the Participant or his/her Beneficiary (whichever is
applicable) is that percentage of his/her Employer Contribution Account balance, which has vested pursuant to
Article VII. A Participant shall, at all times, have a one hundred percent (100%) Nonforfeitable Interest in his/
her Participant Contribution, Rollover, and Voluntary Contribution Accounts,
2.15 Normal Retirement Age, The age which the Employer specifies in the Adoption Agreement, If the Employer
enforces a mandatory retirement age, the Normal Retirement Age is the lesser of that mandatory age or the age
specified in the Adoption Agreement,
2.16 Participant, An Employee or former Employee for whom contributions have been made under the Plan
and who has not yet received all of the payments of benefits to which he/she is entitled under the Plan, A
Participant is treated as benefiting under the Plan for any Plan Year during which the participant received or is
deemed to receive an allocation in accordance with Treas, Reg, section 1.410(b)-3(a).
2.17 Period of Service. For purposes of determining an Employee's initial or continued eligibility to participate
in the Plan or the Nonforfeitable Interest in the Participant's Account balance derived from Employer
Contributions, an Employee will receive credit for the aggregate of all time period(s) commencing with the
Employee's first day of employment or reemployment and ending on the date a Break in Service begins, The
first day of employment or reemployment is the first day the Employee performs an Hour of Service, An
Employee will also receive credit for any Period of Severance ofless than twelve (12) consecutive months,
Fractional periods of a year will be expressed in terms of days,
Notwithstanding anything to the contrary herein, if the Plan is an amendment and restatement of a plan that
previously calculated service under the hours of service method, service shall be credited in a manner that is at
least as generous as that provided under Treas. Regs. section 1.410(a)-7(g),
2.18 Period of Severance. A continuous period of time during which the Employee is not employed by the
Employer, Such period begins on the date the Employee retires, quits or is discharged, or if earlier, the twelve
(12) month anniversary of the date on which the Employee was otherwise first absent from service,
2,19 Plan, This Plan, as established by the Employer, including any elected provisions pursuant to the Adoption
Agreement,
2.20 Plan Administrator, The person(s) or entity named to carry out certain nondiscretionary administrative
functions under the Plan, as hereinafter described, which is the ICMA Retirement Corporation or any successor
Plan Administrator,
2,21 Plan Year, The twelve (12) consecutive month period designated by the Employer in the Adoption Agreement,
2,22 Trust, The Trust created under Article VI of the Plan which shall consist of all of the assets of the Plan derived
from Employer and Participant contributions under the Plan, plus any income and gains thereon, less any
losses, expenses and distributions to Participants and Beneficiaries,
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, III, . ELIGIBILITY
3,01 Service, Except as provided in Sections 3,02 and 3.03 of the Plan, an Employee within the Covered
Employment Classification who has completed a twelve (12) month Period of Service shall be eligible to
participate in the Plan at the beginning of the payroll period next commencing thereafter. The Employer may
elect in the Adoption Agreement to waive or reduce the twelve (12) month Period of Service,
If the Employer maintains the plan of a predecessor employer, service with such employer shall be treated as
Service for the Employer,
3.02 Age, The Employer may designate a minimum age requirement, not to exceed age twenty-one (21), for
participation. Such age, if any, shall be declared in the Adoption Agreement,
3,03 Return to Covered Employment Classification, In the event a Participant is no longer a member of Covered
Employment Classification and becomes ineligible to make contributions and/or have contributions made on
his/her behalf, such Employee will become eligible for contributions immediately upon returning to a Covered
Employment Classification, If such Participant incurs a Break in Service, eligibility will be determined under
the Break in Service rules of the Plan,
In the event an Employee who is not a member of a Covered Employment Classification becomes a member,
such Employee will be eligible to participate immediately if such Employee has satisfied the minimum age and
service requirements and would have otherwise previously become a Participant,
3,04 Service Before a Break in Service. All Periods of Service with the Employer are counted toward eligibility,
including Periods of Service before a Break in Service,
Iv: CONTRIBUTIONS
4,01 Employer Contributions, For each Plan Year, the Employer will contribute to the Trust an amount as
specified in the Adoption Agreement, The Employer's full contribution for any Plan Year shall be due and paid
not later than thirty (30) working days after the close of the Plan Year, Each Participant will share in Employer
Contributions for the period beginning on the date the Participant commences participation under the Plan
and ending on the date on which such Employee severs employment with the Employer or is no longer a
member of a Covered Employment Classification, and such contributions shall be accounted for separately in
his/her Employer Contribution Account, Notwithstanding anything to the contrary herein, if so elected by
the Employer in the Adoption Agreement, an Employee shall be required to make contributions as provided
pursuant to Section 4,03 or 4,04 in order to be eligible for Employer Contributions to be made on his/her
behalf to the Plan,
4,02 Forfeitures. All amounts forfeited by terminated Participants, putsuant to Section 7,06, shall be allocated
to a suspense account and used to reduce dollar for dollar Employer Contributions otherwise required under
the Plan for the current Plan Year and succeeding Plan Years, if necessary, Forfeitures may first be used to
pay the reasonable administrative expenses of the Plan, with any remainder being applied to reduce Employer
Contributions,
4,03 Mandatory Participant Contributions, If the Employer so elects in the Adoption Agreement, each eligible
Employee shall make contributions at a rate prescribed by the Employer or at any of a range of specified rates,
as set forth by the Employer in the Adoption Agreement, as a requirement for his/her participation in the Plan,
Once an eligible Employee becomes a Participant, he/she shall not thereafter have the right to discontinue
or vary the rate of such Mandatory Participant Contributions, Such contributions shall be accounted for
separately in the Participant Contribution Account. Such Account shall be at all times nonforfeitable by the
Participant,
4
If the Employer so elects in the Adoption Agreement, the Mandatory Participant Contributions shall be
"picked up" by the Employer in accordance with Code section 414(h)(2), Any contribution picked-up under
this Section shall be treated as an employer contribution in determining the tax treatment under the Code, and
shall not be included as gross income of the Participant until it is distributed,
4,04 Employer Matching Contributions of Voluntary Participant Contributions. If the Employer so elects in
the Adoption Agreement, Employer Matching Contributions shall be made on behalf of an eligible Employee
for a Plan Year only if the Employee agrees to make Voluntary Participant Contributions for that Plan Year,
The rate of Employer Contributions shall, to the extent specified in the Adoption Agreement, be based upon
the rate at which Voluntary Participant Contributions are made for that Plan Year, Employer Matching
Contributions shall be accounted for separately in the Employer Contribution Account,
4.05 Voluntary Participant Contributions, If the Employer so elects in the Adoption Agreement, an eligible
Employee may make after-tax voluntary (unmatched) contributions under the Plan for any Plan Year in any
amount up to twenty five percent (25%) of his/her Earnings for such Plan Year, Matched and unmatched
contributions shall be accounted for separately in the Participant's Voluntary Contribution Account, Such
Account shall be at all times nonforfeitable by the Participant,
4.06 Deductible Employee Contributions, The Plan will not accept deductible employee contributions which
are made for a taxable year beginning after December 31, 1986, Contributions made prior to that date will be
maintained in a Deductible Employee Contribution Account, The Account will share in the gains and losses
under the Plan in the same manner as described in Section 6,06 of the Plan, Such Account shall be at all times
nonforfeitable by the Participant,
4,07 Military Service Contributions. Notwithstanding any provision of the Plan to the contrary, effective
December 12, 1994, contributions, benefits and service credit with respect to qualified military service will be
provided in accordance with section 414(u) of the Code,
Effective December 12, 1994, if the Employer has elected in the Adoption Agreement to make loans available
to Participants, loan repayments will be suspended under the Plan as permitted under section 414( u) (4) of the
Code,
4.08 Changes in Participant Election, A Participant may elect to change his/her rate of Voluntary Participant
Contributions at any time or during an election period as designated by the Employer, A Participant may
discontinue such contributions at any time or during an election period as designated by the Employer,
4.09 Portability of Bene6.ts,
(a) Unless otherwise elected by the Employer in the Adoption Agreement, the Plan will accept
Participant (which shall include, for purposes of this subsection, an Employee within the Covered
Employment Classification whether or not he/she has satisfied the minimum age and service
requirements of Article III,) rollover contributions and/or direct rollovers of distributions (including
after-tax contributions) made after December 31, 2001 that are eligible for rollover in accordance
with Section 402(c), 403(a)(4), 403(b)(8), 408(d)(3)(A)(ii), or 457(e)(16) of the Code, from all of
the following types of plans:
(1) A qualified plan described in Section 401 (a) or 403(a) of the Code;
(2) An annuity contract described in Section 403(b) of the Code;
(3) An eligible plan under Section 457(b) of the Code which is maintained by a state, ~~li,tical
subdivision of a state, or any agency or instrumentality of a state or a political subdlVlslOn of
a state; and
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",.--
(4) An individual retirement account or annuity described in Section 408(a) or 408(b) of the
Code (including SEPs, and SIMPLE IRAs after two years of participating in the SIMPLE
IRA),
(b) Notwithstanding the foregoing, the Employer may reject the rollover contribution if it determines,
in its discretion, that the form and nature of the distribution from the other plan does not satisfy the
applicable requirements under the Code to make the transfer or rollover a nontaxable transaction to
the Participant;
(c) For indirect rollover contributions, the amount distributed from such plan must be rolled over to
this Plan no later than the sixtieth (60th) day after the distribution was made from the plan, unless
otherwise waived by the IRS pursuant to Section 402(c)(3) of the Code,
(d) The amount transferred shall be deposited in the Trust and shall be credited to a Rollover
Account, Such Account shall be one hundred percent (100%) vested in the Participant,
(e) The Plan will accept accumulated deductible employee contributions as defined in section
72(0)(5) of the Code that were distributed from a qualified retirement plan and transferred (rolled
over) pursuant to section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3) of the Code, Notwithstanding
the above, this transferred (rolled over) amount shall be deposited to the Trust and shall be credited to
a Deductible Employee Contributions Account, Such Account shall be one-hundred percent (100%)
vested in the Participant,
(f) A Participant may, upon approval by the Employer and the Plan Administrator, transfer his/her
interest in another plan maintained by the Employer that is qualified under section 401 (a) of the
Code to this Plan, provided the transfer is effected through a one-time irrevocable written election
made by the Participant. The amount transferred shall be deposited in the Trust and shall be credited
to sources that maintain the same attributes as the plan from which they are transferred, Such
transfer shall not reduce the accrued years or service credited to the Participant for purposes of vesting
or eligibility for any Plan benefits or features,
4,10 Return of Employer Contributions, Any contribution made by the Employer because of a mistake of fact
must be returned to the Employer within one year of the date of contribution,
v; liMITATION ON ALWCATIONS
5,01 Participants Only in This Plan,
(a)
If the Participant does not participate in, and has never participated in another qualified plan or a
welfare benefit fund, as defined in section 419(e) of the Code, maintained by the Employer, or an
individual medical account, as defined by section 415(1)(2) of the Code, maintained by the Employer,
which provides an Annual Addition, the amount of Annual Additions which may be credited to the
Participant's Account for any Limitation Year will not exceed the lesser of the Maximum Permissible
Amount or any other limitation contained in this Plan, If the Employer Contribution that would
otherwise be contributed or allocated to the Participant's Account would cause the Annual Additions
for the Limitation Year to exceed the Maximum Permissible Amount, the amount contributed or al-
located will be reduced so that the Annual Additions for the Limitation Year will equal the Maximum
Permissible Amount.
(b)
Prior to determining the Participant's actual Compensation for the Limitation Year, the Employer may
determine the Maximum Permissible Amount for a Participant on the basis of a reasonable estimation
of the Participant's Compensation for the Limitation Year, uniformly determined for all Participants
similarly situated.
6
(1) Any Mandatory Participant Contributions that are not "picked up" by the Employer or
Voluntary Participant Contributions, to the extent they would reduce the Excess AmOUnt, will
be returned to the Participant;
(c) As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible
Amount for the Limitation Year will be determined on the basis of the Participant's actual Compensa-
tion for the Limitation Year,
(d) If, as a result of an inadvertent reasonable error in estimating the Maximum Permissible AmOUnt for
a Participant in accordance with Subsection (b) or pursuant to Subsection (c) or as a result of the
allocation of forfeitures, there is an Excess Amount, the excess will be disposed of as follows:
(2) If after the application of paragraph (1) an Excess Amount still exists, and the Participant
is covered by the Plan at the end of the Limitation Year, the Excess Amount in the Partici-
pant's Account will be used to reduce Employer Contributions (including any allocation of
forfeitures) for such Participant in the next Limitation Year, and each succeeding Limitation
Year if necessary;
(3) If after the application of paragraph (1) an Excess Amount still exists, and the Participant is
not covered by the Plan at the end of the Limitation Year, the Excess Amount will be held
unallocated in a suspense account, The suspense account will be applied to reduce future
Employer Contributions (including allocation of any forfeitures) for all remaining Participants
in the next Limitation Year, and each succeeding Limitation Year if necessary;
(4) If a suspense account is in existence at any time during a particular Limitation Year, all
amounts in the suspense account must be allocated and reallocated to Participants' accounts
before any Employer or any Employee contributions may be made to the Plan for that Limita-
tion Year, Excess Amounts in a suspense account may not be distributed to Participants or
former Participants,
5.02 Participants in Another Defined Contribution Plan,
(a) Unless the Employer provides other limitations in the Adoption Agreement, this Section applies if,
in addition to this Plan, the Participant is covered under another qualified defined contribution plan
maintained by the Employer, or a welfare benefit fund, as defined in section 419(e) of the Code,
maintained by the Employer, or an individual medical account, as defined by section 415(1)(2) of
the Code, maintained by the Employer, which provides an Annual Addition, during any Limitation
Year, The Annual Additions which may be credited to a Participant's Account under this Plan for
any such Limitation Year will not exceed the Maximum Permissible Amount reduced by the Annual
Additions credited to a Participant's Account under the other plans and welfare benefit funds for the
same Limitation Year, If the Annual Additions with respect to the Participant under other defined
contribution plans and welfare benefit funds maintained by the Employer are less than the Maximum
Permissible Amount and the Employer contribution that would otherwise be contributed or allocated
to the Participant's Account under this Plan would cause the Annual Additions for the Limitation
Year to exceed this limitation, the amount contributed or allocated will be reduced so that the Annual
Additions under all such plans and funds for the Limitation Year will equal the Maximum Permissible
Amount, If the Annual Additions with respect to the Participant under such other defined contribu-
tion plans and welfare benefit funds in the aggregate are equal to or greater than the Maximum Per-,
missible Amount, no amount will be contributed or allocated to the Participant's Account under thiS
Plan for the Limitation Year,
(b) Prior to determining the Participant's actual Compensation for the Limitation Year, the Employer may
determine the Maximum Permissible Amount for a Participant in the manner described in Section
5,OI(b),
7
(c) As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible
Amount for the Limitation Year will be determined on the basis of the Participant's actual Compensa-
tion for the Limitation Year,
(d) If, pursuant to Subsection (c) or as a result of the allocation of forfeitures, a Participant's Annual
Additions under this Plan and such other plans would result in an Excess Amount for a Limitation
Year, the Excess Amount will be deemed to consist of the Annual Additions last allocated, except that
Annual Additions attributable to a welfare benefit fund or individual medical account will be deemed
to have been allocated first regardless of the actual allocation date,
(e) If an Excess Amount was allocated to a Participant on an allocation date of this Plan which coincides
with an allocation date of another plan, the Excess Amount attributed to this Plan will be the product
of,
(1) The total Excess Amount allocated as of such date, multiplied by the ratio of:
(i) the Annual Additions allocated to the Participant for the Limitation Year as of such date
under this Plan to
(ii) the total Annual Additions allocated to the Participant for the Limitation Year as of such
date under this and all the other prototype qualified defined contribution plans,
(f) Any Excess Amount attributed to this Plan will be disposed in the manner described in Section
5,Ol(d),
5.03 Definitions, For the purposes of this Article, the following definitions shall apply:
(a) Annual Additions: The sum of the following amounts credited to a Participant's account for the Limita-
tion Year:
(1) Employer Contributions;
(2) Forfeitures;
(3) Employee contributions; and
(4) Allocations under a simplified employee pension,
Amounts allocated, after March 31, 1984, to an individual medical account, as defined in section
415 (1) (2) of the Code, which is part of a pension or annuity plan maintained by the Employer, are
treated as Annual Additions to a defined contribution plan,
For this purpose, any Excess Amount applied under Sections 5,01 (d) or 5,02(f) in the Limitation Year
to reduce Employer Contributions will be considered Annual Additions for such Limitation Year,
(b) Compensation: A Participant's wages, salaries, and fees for professional services and other amounts
received (without regard to whether an amount is paid in cash) for personal services actually
rendered in the course of employment with the Employer maintaining the Plan to the extent that the
amounts are includible in gross income {including, but not limited to, bonuses, fringe benefits, and
reimbursements or other expense allowances under a nonaccountable plan (as described in Treas, Reg.
section 1.62-2(c))), and excluding the following:
(1) Employer Contributions to a plan of deferred compensation which are not includible in the
Employee's gross income for the taxable year in which contributed, or Employer Contributions
8
(i) any elective deferrals (as defined in section 402(g)(3) of the Code), and
under a simplified employee pension plan to the extent such contributions are deductibi~
the Employee, or any distributions from a plan of deferred compensation; and
(2) Other amounts which received special tax benefits, or contributions made by the Employ
(whether or not under a salary reduction agreement) towards the purchase of an annuity
contract described in section 403(b) of the Code (whether or not the amounts are actually
excludable from the gross income of the Employee),
(3) Notwithstanding the above, Compensation shall include:
(ii) any amount which is contributed or deferred by the Employer at the election of
the Employee and which is not includible in the gross income of the Employee by
reason of sections 125, 132(f)(4) or 457 of the Code,
For purposes of applying the limitations of this Article, Compensation for a Limitation Year is the
Compensation actually paid or made available during such year.
(c) Defined Contribution Dollar Limitation: $40,000, as adjusted for increases in the cost-of-living in
accordance with section 415 (d) of the Code,
(d) Employer: The Employer that adopts this Plan.
(e) Excess Amount: The excess of the Participant's Annual Additions for the Limitation Year over the
Maximum Permissible Amount,
Any Excess Amount shall include allocable income, The income allocable to an Excess Amount is
equal to the sum of allocable gain or loss for the Plan Year and the allocable gain or loss for the period
between the end of the Plan Year and the date of distribution (the gap period), The Plan may use
any reasonable method for computing the income allocable to an Excess Amount, provided that the
method is used consistently for all Participants and for all corrective distributions under the Plan for
the Plan Year, and is used by the Plan for allocating income to Participants' Accounts,
(f) Limitation :Year: A calendar year, or the twelve (12) consecutive month period elected by the Employer
in the Adoption Agreement, All qualified plans maintained by the Employer must use the same
Limitation Year, If the Limitation Year is amended to a different twelve (12) consecutive month
period, the new Limitation Year must begin on a date within the Limitation Year in which the amend-
ment is made,
(g) Maximum Permissible Amount: The maximum Annual Addition that may be contributed or allocated
to a Participant's Account under the Plan for any Limitation Year shall not exceed the lesser of:
(1) The Defined Contribution Dollar Limitation, or
(2) One hundred percent (100%) (25% for Limitation Years before January 1, 2002) of the
Participant's Compensation for the Limitation Year,
The compensation limit referred to in (2) shall not apply to any contribution for medical benefits after
separation from service (within the meaning of section 401(h) or section 419A(f)(2) of the Code)
which is otherwise treated as an annual addition,
9
If a short Limitation Year is created because of an amendment changing the Limitation Year to a differ-
ent twelve (12) consecutive month period, the Maximum Permissible Amount will not exceed the
Defined Contribution Dollar Limitation multiplied by the following fraction:
Number of months in the short Limitation Year / 12
VI, TRUST AND INVESTMENT OF ACCOUNTS
6.01 Trust, A Trust is hereby created to hold all of the assets of the Plan for the exclusive benefit of Participants
and Beneficiaries, except that expenses and taxes may be paid from the Trust as provided in Section 6,03, The
trustee shall be the Employer or such other person which agrees to act in that capacity hereunder,
6,02 Investment Powers. The trustee or the Plan Administrator, acting as agent for the trustee, shall have the
powers listed in this Section with respect to investment of Trust assets, except to the extent that the investment
of Trust assets is controlled by Participants, pursuant to Section 13,03,
(a) To invest and reinvest the Trust without distinction between principal and income in common or
preferred stocks, shares of regulated investment companies and other mutual funds, bonds, notes,
debentures, mortgages, certificates of deposit, contracts with insurance companies including but
not limited to insurance, individual or group annuity, deposit administration, guaranteed interest
contracts, and deposits at reasonable rates of interest at banking institutions including but not limited
to savings accounts and certificates of deposit, Assets of the Trust may be invested in securities that
involve a higher degree of risk than investments that have demonstrated their investment performance
over an extended period of time,
(b) To invest and reinvest all or any part of the assets of the Trust in any common, collective or com-
mingled trust fund that is maintained by a bank or other institution and that is available to Employee
plans qualified under section 401 of the Code, or any successor provisions thereto, and during the
period of time that an investment through any such medium shall exist, to the extent of participation
of the Plan, the declaration of trust of such common, collective, or commingled trust fund shall
constitute a part of this Plan,
(c) To invest and reinvest all or any part of the assets of the Trust in any group annuity, deposit
administration or guaranteed interest contract issued by an insurance company or other financial
institution on a commingled or collective basis with the assets of any other plan or trust qualified
under section 401 (a) of the Code or any other plan described in section 401 (a) (24) of the Code, and
such contract may be held or issued in the name of the Plan Administrator, or such custodian as the
Plan Administrator may appoint, as agent and nominee for the Employer, Duting the period that an
investment through any such contract shall exist, to the extent of participation of the Plan, the terms
and conditions of such contract shall constitute a part of the Plan,
(d) To hold cash awaiting investment and to keep such portion of the Trust in cash or cash balances,
without liability for interest, in such amounts as may from time to time be deemed to be reasonable
and necessary to meet obligations under the Plan or otherwise to be in the best interests of the Plan,
(e) To hold, to authorize the holding of, and to register any investment to the Trust in the name of the
Plan, the Employer, or any nominee or agent of any of the foregoing, including the Plan Administrator,
or in bearer form, to deposit or arrange for the deposit of securities in a qualified central depository
even though, when so deposited, such securities may be merged and held in bulk in the name of
the nominee of such depository with other securities deposited therein by any other person, and to
organize corporations or trusts under the laws of any jurisdiction for the purpose of acquiring or
holding tide to any property for the Trust, all with or without the addition of words or other action to
indicate that property is held in a fiduciary or representative capacity bur the books and records of the
Plan shall at all times show that all such investments are part of the Trust,
10
(f) Upon such terms as may be deemed advisable by the Employer or the Plan Administrator, as
may be, for the protection of the interests of the Plan or for the preservation of the value of an
ment, to exercise and enforce by suit for legal or equitable remedies or by other action, or to war
any right or claim on behalf of the Plan or any default in any obligation owing to the Plan, to re
extend the time for payment of, agree to a reduction in the rate of interest on, or agree to any 0
modification or change in the terms of any obligation owing to the Plan, to settle, compromise,
or submit to arbitration any claim or right in favor of or against the Plan, to exercise and enforce~
and all rights of foreclosure, bid for property in foreclosure, and take a deed in lieu of foreclosure'
or without paying consideration therefor, to commence or defend suits or other legal proceedin~
whenever any interest of the Plan requires it, and to represent the Plan in all suits or legal proceeo
in any court of law or equity or before any body or tribunal,
(g) To employ suitable consultants, depositories, agents, and legal counsel on behalf of the Plan,
(h) To open and maintain any bank account or accounts in the name of the Plan, the Employer, or an'
nominee or agent of the foregoing, including the Plan Administrator, in any bank or banks.
(i) To do any and all other acts that may be deemed necessary to carry out any of the powers set for
herein,
6.03 Taxes and Expenses, All taxes of any and all kinds whatsoever that may be levied or assessed under existi
or future laws upon, or in respect to the Trust, or the income thereof, and all commissions or acquisitions ot.
dispositions of securities and similar expenses of investment and reinvestment of the Trust, shall be paid fro
the Trust, Such reasonable compensation of the Plan Administrator, as may be agreed upon from time to .
by the Employer and the Plan Administrator, and reimbursement for reasonable expenses incurred by the PI
Administrator in performance of its duties hereunder (including but not limited to fees for legal, accounting,
investment and custodial services) shall also be paid from the Trust, However, no person who is a fiduciary
within the meaning of section 3(21)(A) of ERISA and regulations promulgated thereunder, and who receives
full-time pay from the Employer may receive compensation from the Trust, except for expenses properly and
actually incurred.
6.04 Payment of Benefits, The payment of benefits from the Trust in accordance with the terms of the Plan may
made by the Plan Administrator, or by any custodian or other person so authorized by the Employer to make
such disbursement, Benefits under this Plan shall be paid only if the Plan Administrator, custodian or other
person decides in his/her discretion that the applicant is entitled to them, The Plan Administrator, custodian
or other person shall not be liable with respect to any distribution of Trust assets made at the direction of the
Employer,
6.05 Investment Funds. In accordance with uniform and nondiscriminatory rules established by the Employer
and the Plan Administrator, the Participant may direct his/her Accounts to be invested in one (1) or more
investment funds available under the Plan; provided, however, that the Participant's investment directions shall
not violate any investment restrictions established by the Employer and shall not include any investment in
collectibles, as defined in section 408(m) of the Code,
6.06 Valuation of Accounts, As of each Accounting Date, the Plan assets held in each investment fund offered shall
be valued at fair market value and the investment income and gains or losses for each fund shall be determined,
Such investment income and gains or losses shall be allocated proportionately among all Account balances
on a fund-by-fund basis, The allocation shall be in the proportion that each such Account balance as of t~e
immediately preceding Accounting Date bears to the total of all such Account balances as of that Accountmg
Date. For purposes of this Article, all Account balances include the Account balances of all Participants and
Beneficiaries,
6,07 Participant Loan Accounts. Participant Loan Accounts shall be invested in accordance with Section 13,03 of
the Plan, Such Accounts shall not share in any investment income and gains or losses of the investment funds
described in Section 6,05,
11
;.~"_,,,~~u;;hi(~i~
.vII, ,VESTING
7.01 Vesting Schedule, The portion of a Participant's Account attributable to Mandatory Participant Contribu-
tions and Voluntary Participant Contributions, and the earnings thereon, shall be at all times nonforfeitable
by the Participant, A Participant shall have a Nonforfeitable Interest in the percentage of his/her Employer
Contribution Account established under Section 4,01 and 4,04 determined pursuant to the schedule elected by
the Employer in the Adoption Agreement,
7,02 Crediting Periods of Service, Except as provided in Section 7,03, all of an Employee's Periods of Service
with the Employer are counted to determine the nonforfeitable percentage in the Employee's Account balance
derived from Employer Contributions, If the Employer maintains the plan of a predecessor employer, service
with such employer will be treated as service for the Employer,
For purposes of determining years of service and Breaks in Service for the purposes of computing a Participant's
nonforfeitable right to the Account balance derived from Employer Contributions, the twelve (12) consecutive
month period will commence on the date the Employee first performs an hour of service and each subsequent
twelve (12) consecutive month period will commence on the anniversary of such date,
7.03 Service After Break in Service, In the case of a Panicipant who has a Break in Service of at least five (5)
years, all Periods of Service after such Breaks in Service will be disregarded for the purpose of determining the
nonforfeitable percentage of the Employer-derived Account balance that accrued before such Break, but both
pre-Break and post-Break service will count for the purposes of vesting the Employer-derived Account balance
that accrues after such Break, Both Accounts will share in the earnings and losses of the fund,
In the case of a Participant who does not have a Break in Service of at least five (5) years, both the pre-Break
and post-Break service will count in vesting both the pre-Break and post-Break Employer-derived Account
balance.
In the case of a Participant who does not have any nonforfeitable right to the Account balance derived from
Employer Contributions, years of service before a period of consecutive one (1) year Breaks in Service will
not be taken into account in computing eligibility service if the number of consecutive one (1) year Breaks
in Service in such period equals or exceeds the greater of five (5) or the aggregate number of years of service,
Such aggregate number of years of service will not include any years of service disregarded under the preceding
sentence by reason of prior Breaks in Service.
If a Participant's years of service are disregarded pursuant to the preceding paragraph, such Panicipant will be
treated as a new Employee for eligibility purposes. If a Participant's years of service may not be disregarded
pursuant to the preceding paragraph, such Participant shall continue to participate in the Plan, or, if
terminated, shall participate immediately upon reemployment,
7.04 Vesting Upon Normal Retirement Age, Notwithstanding Section 7,01 of the Plan, a Panicipant shall have a
Nonforfeitable Interest in his/her entire Employer Contribution Account, to the extent that the balance of such
Account has not previously been forfeited pursuant to Section 7,06 of the Plan, ifhe/she is employed on or
after his/her Normal Retirement Age.
7,05 Vesting Upon Death or Disability, Notwithstanding Section 7.01 of the Plan, in the event of Disability
or death, a Participant or his/her Beneficiary shall have a Nonforfeitable Interest in his/her entire Employer
Contribution Account, to the extent that the balance of such Account has not previously been forfeited
pursuant to Section 7,06 of the Plan,
7.06 Forfeitures. Except as provided in Sections 7.04 and 7.05 of the Plan or as otherwise provided in this Section
7.06, a Participant who separates from service prior to obtaining full vesting shall forfeit that percentage of
his/her Employer Contribution Account balance which has not vested as of the date such Participant incurs a
Break in Service of five (5) consecutive years or, if earlier, the date such Participant receives, or is deemed under
12
Forfeitures shall be allocated in the manner described in Section 4,02,
the provisions of Section 9,04 to have received, distribution of the entire Nonforfeitable Interest in his/h
Employer Contribution Account,
No forfeiture will occur solely as a result of a Participant's withdrawal of Employee Contributions,
7,07 Reinstatement of Forfeitures, If the Participant returns to the employment of the Employer before incurf
Break in Service of five (5) consecutive years, any amounts forfeited pursuant to Section 7,06 shall be rein'
to the Participant's Employer Contribution Account on the date of repayment by the Participant of the am
distributed to such Participant from his/her Employer Contribution Account; provided, however, that if su
Participant forfeited his/her Account balance by reason of a deemed distribution, pursuant to Section 9,04,
amounts shall be automatically restored upon the reemployment of such Participant, Such repayment must
made before the earlier of five (5) years after the first date on which the Participant is subsequently reemploye
by the Employer, or the date the Participant incurs a Break in Service of five (5) consecutive years,
VIII. BENEFITS CLAIM
8,01 Claim of Benefits, A Participant or Beneficiary shall notify the Plan Administrator in writing of a claim of
benefits under the Plan. The Plan Administrator shall take such steps as may be necessary to facilitate the
payment of such benefits to the Participant or Beneficiary,
8,02 Appeal Procedure, If any claim for benefits is initially denied by the Plan Administrator, the claimant shall file
the appeal with the Employer, whose decision shall be final, to the extent provided by Section 15,07,
IX. COMMENCEMENT OF BENEFITS
9.01 Normal and Elective Commencement of Benefits, A Participant who retires, becomes Disabled or incurs
a severance from employment (separation from service for Plan Years beginning before 2002) for any other
reason may elect by written notice to the Plan Administrator to have his or her vested Account balance benefits
commence on any date, provided that such distribution complies with Section 9,02, Such election must be
made in writing during the ninety (90) day period ending on the date as of which benefit payments are to
commence. A Participant's election shall be revocable and may be amended by the Participant,
The failure of a Participant to consent to a distribution while a benefit is immediately distributable, within the
meaning of section 9,02 of the Plan, shall be deemed to be an election to defer commencement of payment of
any benefit,
9,02 Restrictions on Immediate Distributions. Notwithstanding anything to the contrary in Section 9,01 of
the Plan, if the value of a Participant's vested Account balance is at least $1,000, and the Account balance is
immediately distributable, the Participant must consent to any distribution of such Account balance, The
Participant's consent shall be obtained in writing during the ninety (90) day period ending on the date as
of which benefit payments are to commence, No consent shall be required, however, to the extent that a
distribution is required to satisfy section 401 (a) (9) or 415 of the Code,
The Plan Administrator shall notify the Participant of the right to defer any distribution until the Parti~ip,ant's
Account balance is no longer immediately distributable, Such notification shall include a general descnptlon
of the material features, and an explanation of the relative values of, the optional forms of benefit available
under the Plan in a manner that would satisfy section 417(a)(3) of the Code, and shall be provided no less than
thirty (30) and no more than ninety (90) days before the date as of which benefit payments are to com~ence,
However, distribution may commence less than thirty (30) days after the notice described in the precedmg
sentence is given, provided (i) the distribution is one to which sections 40 l(a)(ll) and 417 of the C~de do not
apply or, if the Q]SA Election is made by the Employer in the Adoption Agreement, the waiver requ~r:ments
of Section 17,04(a) are met; (ii) the Plan Administrator clearly informs the Participant that the PartiCIpant
13
has a right to a period of at least thirty (30) days after receiving the notice to consider the decision of whether
or not to elect a distribution (and, if applicable, a particular distribution option); and (iii) the Participant, after
receiving the notice, affirmatively elects a distribution,
In addition, upon termination of this Plan if the Plan does not offer an annuity option (purchased from a
commercial provider) and if the Employer does not maintain another 401 (a) defined contribution plan, the
Participant's Account balance will, without the Participant's consent, be distributed to the Participant in a lump
sum. However, if the Employer maintains another 401 (a) defined contribution plan, the Participant's Account
balance will be transferred, without the Participant's consent, to the other plan if the Participant does not
consent to an immediate distribution,
An Account balance is immediately distributable if any part of the Account balance could be distributed to the
Participant (or surviving spouse) before the Participant attains or would have attained (if not deceased) the later
of Normal Retirement Age or age sixty-two (62),
For purposes of determining the applicability of the foregoing consent requirements to distributions made
before the first day of the first plan year beginning after December 31, 1988, the Participant's vested Account
balance shall not include amounts attributable to accumulated deductible employee contributions within the
meaning of section 72(0)(5)(B) of the Code,
9.03 Transfer to Another Plan,
(a) If a Participant becomes eligible to participate in another plan maintained by the Employer that is
qualified under section 401 (a) of the Code, the Plan Administrator shall, at the written election of
such Participant, transfer all or part of such Participant's Account to such plan, provided the plan
administrator for such plan certifies to the Plan Administrator that its plan provides for the acceptance
of such a transfer, Such transfers shall include those transfers of the nonforfeitable interest of a
Participant's Account made for the purchase of service credit in defined benefit plans maintained by
the Employer. For purposes of this Plan, any such transfer shall not be considered a distribution to the
Participant subject to spousal consent as described in Section 9,10.
(b) Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's
election under this Section, a Distributee may elect, at the time and in the manner prescribed by the
Plan Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible
Retirement Plan specified by the Distributee in a Direct Rollover,
(c) Definitions, For the purposes of Subsection (b), the following definitions shall apply:
(1) Eligible Rollover Distribution, Any distribution of all or any portion of the balance to the
credit of the Distributee, except that an Eligible Rollover Distribution does not include:
(i) any distribution that is one of a series of substantially equal periodic payments (not
less frequently than annually) made for the life (or life expectancy) of the Distributee
or the joint lives (or joint life expectancies) of the Distributee and the Distributee's
designated beneficiary, or for a specified period of ten years or more;
(ii) any distribution to the extent such distribution is required under section 401(a)(9)
of the Code; and
(iii) the portion of any other distribution(s) that is not includible in gross income.
A portion of a distribution shall not fail to be an eligible rollover distribution merely
because the portion consists of after-tax employee contributions which are not includible
in gross income, However, such portion may be transferred only to an individual
retirement account or annuity described in section 408(a) or (b) of the Code, or to a
14
qualified defined contribution plan described in section 401(a) or 403 (a) of the Code that
agrees to separately account for amounts so transferred, including separately accounting
for the portion of such distribution which is includible in gross income and the portion of
such distribution which is not so includible,
(2) Eligible Retirement Plan,
(i) an individual retirement account described in section 408(a) of the Code or an
individual retirement annuity described in section 408(b) of the Code (collectively,
an "IRA");
(ii) an annuity plan described in section 403(a) of the Code;
(iii) an annuity contract described in section 403(b) of the Code,
(iv) an eligible plan under section 457(b) of the Code which is maintained by a state,
political subdivision of a state, or any agency or instrumentality of a state or political
subdivision of a state and which agrees to separately account for amounts transferred
into such plan from this Plan; or
(v) a qualified plan described in section 401 (a) of the Code, that accepts the
Distributee's Eligible Rollover Distribution, The definition of Eligible Retirement
Plan shall also apply in the case of a distribution to a surviving spouse, or to a spouse
or former spouse who is the alternate payee, under a qualified domestic relations
order, as defined in section 414(p) of the Code,
(3) Distributee, Participant; in addition, the Participant's surviving spouse and the
spouse or former spouse who is the alternate payee under a qualified domestic relations
order, as defined in section 414(p) of the Code, are Distributees with regard to the interest
of the spouse or former spouse,
(4) Direct Rollover. A payment by the Plan to the Eligible Retirement Plan specified by the
Distributee,
9,04 De Minimis Accounts. Notwithstanding the foregoing provisions of this Article, prior to January 1, 2002, if a
Participant terminates service, and the value of his/her Nonforfeitable Interest in his/her Account is not greater
than the dollar limit under section 411 (a)(1l)(A) of the Code, the Participant's benefit shall be paid (to the
extent it constitutes an Eligible Rollover Distribution) in the form of a direct rollover to the Plan Administrator's
designated IRA, unless he/she affirmatively elects to receive a cash payment or a Direct Rollover in accordance
with procedures established by the Plan Administrator,
On or after January 1, 2002, if a Participant terminates service, and the value of his/her Nonforfeitable Interest
in his/her Account is less than $1,000, the Participant's benefit shall be paid as soon as practicable to the
Participant in a single lump sum distribution, If the value of the Participant's Account is at least $1,000 but not
more than the dollar limit under section 411 (a)(11)(A) of the Code, the Participant may elect to receive his/her
Nonforfeitable Interest in his/her Account, Such distribution shall be made as soon as practicable following the
request, in a lump sum,
For purposes of this Section, if a Participant's Nonforfeitable Interest in his/her Account is zero, the Participant
shall be deemed to have received a distribution of such Nonforfeitable Interest in his/her Account,
9.05 Withdrawal of Voluntary Contributions. A Participant may upon written request withdraw a part of or the
full amount of his/her Voluntary Contribution Account, Such withdrawals may be made at any time, provided
that no more than two (2) such withdrawals may be made duting any calendar year, No forfeiture will occur
solely as the result of any such withdrawal,
15
'9,06 Withdrawal of Deductible Employee Contributions, A Participant may upon written request withdraw a
part of or the full amount of his/her Deductible Employee Contribution Account, Such withdrawals may be
made at any time, provided that no more than twO (2) such withdrawals may be made during any calendar year,
No forfeiture will occur solely as the result of any such withdrawal.
9.07 In-Service Distribution from Rollover Account. Where elected by the Employer in the Adoption Agreement,
a Participant that has a separate account attributable to rollover contributions to the Plan, may at any time elect
to receive a distribution of all or any portion of the amount held in the Rollover Account,
9.08 In-Service Distributions. Unless otherwise elected by the Employer in the Adoption Agreement, a Participant
who has reached age 70-1/2 regardless of his Nonforfeitable Interest in his/her entire Employer Contribution
Account, shall, upon written request, receive a distribution of a part of or the full amount of the balance in any
or all of his vested Accounts, Such distributions may be requested at any time, provided that no more than two
(2) such distributions may be made during any calendar year,
9,09 Latest Commencement of Benefits, Notwithstanding anything to the contrary in this Article, benefits shall
begin no later than the Participant's Required Beginning Date, as defined under Section 10.05, or as otherwise
provided in Section 10,04,
9,10 Spousal Consent. Notwithstanding the foregoing, if the Employer elected the Q]SA Election in the Adoption
Agreement, a married Participant must first obtain his or her spouse's notarized consent to request a distribution
(other than a Qualified Joint and Survivor Annuity), withdrawal, or rollover under this Article IX,
X. DISTRIBUTION REQUIREMENTS
10.01 General Rules,
(a) Subject to the provisions of Article XII or XVII if so elected by the Employer in the Adoption
Agreement, the requirements of this Article shall apply to any distribution of a Participant's interest
and will take precedence over any inconsistent provisions of this Plan, Unless otherwise specified, the
provisions of this Article X apply to calendar years beginning after December 31, 2002,
With respect to distributions under the Plan made in or for Plan Years beginning on or after January
1,2002 and prior to January 1,2003, the Plan will apply the minimum distribution requirements of
section 401 (a) (9) of the Code in accordance with the regulations under section 40 l(a) (9) that were
proposed on January 17, 2001, notwithstanding any provision of the Plan to the contrary,
(b) All distributions required under this Article shall be determined and made in accordance with the
regulations under section 401(a)(9) of the Code, and the minimum distribution incidental benefit
requirement of section 401 (a) (9) (G) of the Code.
(c) Limits on Distribution Periods, As of the first Distribution Calendar Year, distributions to a
Participant, if not made in a single-sum, may only be made over one of the following periods:
(1) The life of the Participant; or
(2) The joint lives of the Participant and a designated Beneficiary; or
(3) A period certain not extending beyond the life expectancy of the Participant; or
(4) A period certain not extending beyond the joint and last survivor expectancy of the Participant
and a designated Beneficiary.
16
(d) TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions of this Article XVII,
distributions may be made under a designation made before January 1, 1984, in accordance with
Section 242 (b) (2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the
Plan that relate to Section 242(b)(2) ofTEFRA.
10,02 Time and Manner of Distribution
(a) Required Beginning Date, The Participant's entire interest will be distributed, or begin to be
distributed, to the Participant no later than the Participant's required beginning date,
(b) Death of Participant Before Distributions Begin, If the Participant dies before distributions begin, the
Participant's entire interest will be distributed, or begin to be distributed, no later than as follows:
(1) If the Participant's surviving spouse is the Participant's sole designated Beneficiary, then,
distributions to the surviving spouse will begin by December 31 of the calendar year
immediately following the calendar year in which the Participant died, or by December 31
of the calendar year in which the Participant would have attained age 70 1/2, iflater,
(2) If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, then
distributions to the designated Beneficiary will begin by December 31 of the calendar year
immediately following the calendar year in which the Participant died,
(3) If there is no designated Beneficiary as of September 30 of the year following the year of the
Participant's death, the Participant's entire interest will be distributed by December 31 of the
calendar year containing the fifth anniversary of the Participant's death,
(4) If the Participant's surviving spouse is the Participant's sole designated Beneficiary and the
surviving spouse dies after the Participant but before distributions to the surviving spouse
begin, this Section lO,02(b), other than Section lO,02(b)(1), will apply as if the surviving
spouse were the Participant.
For purposes of this Section 10.02(b) and Section 10,04, unless Section 10,02(b)(4) applies,
distributions are considered to begin on the Participant's required beginning date. If Section
10,02(b)(4) applies, distributions are considered to begin on the date distributions are required to
begin to the surviving spouse under Section 10,02(b)(I), If distributions under an annuity purchased
from an insurance company irrevocably commence to the Participant before the Participant's required
beginning date (or to the Participant's surviving spouse before the date distributions are required to
begin to the surviving spouse under Section lO,02(b)(I)), the date distributions are considered to
begin is the date distributions actually commence,
(c) Forms of Distribution. Unless the Participant's interest is distributed in the form of an annuity
purchased from an insurance company or in a single sum on or before the required beginning date,
as of the first distribution calendar year distributions will be made in accordance with Sections 10,03
and 10,04, If the Participant's interest is distributed in the form of an annuity purchased from an
insurance company, distributions thereunder will be made in accordance with the requirements of
Code Section 401 (a) (9) and the Treasury Regulations,
10.03 Required Minimum Distributions During Participant's Lifetime
(a) Amount of Required Minimum Distribution For Each Distribution Calendar .rear. During the
Participant's lifetime, the minimum amount that will be distributed for each distribution calendar
year is the lesser of:
(1) The quotient obtained by dividing the Participant's Account Balance by the distribution
17
period set forth in the Uniform Lifetime Table found in Section 1.401(a)(9)-9, Q&A-2, of
the Final Income Tax Regulations using the Participant's age as of the Participant's birthday
in the distribution calendar year; or
(2) If the Participant's sole designated Beneficiary for the distribution calendar year is the
Participant's spouse, the quotient obtained by dividing the Participant's Account Balance by
the number in the Joint and Last Survivor Table set forth in Section 1.401 (a)(9)-9, Q&A-3,
of the regulations using the Participant's and spouse's attained ages as of the Participant's and
spouse's birthdays in the distribution calendar year,
(b) Lifetime Required Minimum Distributions Continue Through iear ofParticipant's
Death. Required minimum distributions will be determined under this Section
10.03 beginning with the first distribution calendar year and continuing up to, and
including, the distribution calendar year that includes the Participant's date of death,
Required Minimum Distributions After Participant's Death
(a) Death On or After Date Distributions Begin,
(1) Participant Survived by Designated Beneficiary. If the Participant dies on or after the date
distributions begin and there is a designated Beneficiary, the minimum amount that will
be distributed for each distribution calendar year after the year of the Participant's death
is the quotient obtained by dividing the Participant's Account Balance by the longer of
the remaining life expectancy of the Participant or the remaining life expectancy of the
Participant's designated Beneficiary, determined as follows:
(i) The Participant's remaining life expectancy is calculated using the age of the
Participant in the year of death, reduced by one for each subsequent year.
(ii) If the Participant's surviving spouse is the Participant's sole designated Beneficiary,
the remaining life expectancy of the surviving spouse is calculated for each
distribution calendar year after the year of the Participant's death using the surviving
spouse's age as of the spouse's birthday in that year. For distribution calendar years
after the year of the surviving spouse's death, the remaining life expectancy of
the surviving spouse is calculated using the age of the surviving spouse as of the
spouse's birthday in the calendar year of the spouse's death, reduced by one for each
subsequent calendar year.
(iii) If the Participant's surviving spouse is not the Participant's sole designated
Beneficiary, the designated Beneficiary's remaining life expectancy is calculated using
the age of the Beneficiary in the year following the year of the Participant's death,
reduced by one for each subsequent year.
(2) No Designated Beneficiary, If the Participant dies on or after the date distributions begin
and there is no designated Beneficiary as of September 30 of the year after the year of the
Participant's death, the minimum amount that will be distributed for each distribution
calendar year after the year of the Participant's death is the quotient obtained by dividing the
Participant's Account Balance by the Participant's remaining life expectancy calculated using
the age of the Participant in the year of death, reduced by one for each subsequent year,
(b) Death Before Date Required Distributions Begin,
(1) Participant Survived by Designated Beneficiary, If the Participant dies before the date required
distributions begin and there is a designated Beneficiary, the minimum amount that will
be distributed for each distribution calendar year after the year of the Participant's death is
18
(a)
the quotient obtained by dividing the Participant's Account Balance by the remaining life
expectancy of the Participant's designated Beneficiary, determined as provided in Section
lO,04(a),
(2) No Designated Beneficiary. If the Participant dies before the date distributions begin and
there is no designated Beneficiary as of September 30 of the year following the year of the
Participant's death, distribution of the Participant's entire interest will be completed by
December 31 of the calendar year containing the fifth anniversary of the Participant's death.
(3) Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to Begin, If th
Participant dies before the date distributions begin, the Participant's surviving spouse is the
Participant's sole designated Beneficiary, and the surviving spouse dies before distributions ar
required to begin to the surviving spouse under Section 10,02(b)(l), this Section 10,04(b)
will apply as if the surviving spouse were the Participant,
10,05 Definitions
(e)
Designated Beneficiary. The individual who is designated by the Participant (or the Participant's
surviving spouse) as the Beneficiary of the Participant's interest under the Plan and who is the
designated Beneficiary under Code Section 401(a)(9) and Section 1.401 (a) (9)-4 of the regulations,
(b)
Distribution Calendar }'ear. A calendar year for which a minimum distribution is required, For
distributions beginning before the Participant's death, the first distribution calendar year is the
calendar year immediately preceding the calendar year which contains the Participant's required
beginning date, For distributions beginning after the Participant's death, the first distribution
calendar year is the calendar year in which distributions are required to begin under Section 10,02(b),
The required minimum distribution for the Participant's first distribution calendar year will be made
on or before the Participant's required beginning date, The required minimum distribution for other
distribution calendar years, including the required minimum distribution for the distribution calendar
year in which the Participant's required beginning date occurs, will be made on or before December
31 of that distribution calendar year,
(c)
Life Expectancy. Life expectancy as computed by use of the Single Life Table in Section 1.401(a)(9)-
9, Q&A-l, of the regulations,
(d)
Participants Account Balance, The Account Balance as of the last Accounting Date in the calendar
year immediately preceding the distribution calendar year (valuation calendar year) increased by the
amount of any contributions made and allocated or forfeitures allocated to the Account Balance as of
dates in the valuation calendar year after the Accounting Date and decreased by distributions made
in the valuation calendar year after the Accounting Date, The Account Balance for the valuation
calendar year includes any amounts rolled over or transferred to the Plan either in the valuation
calendar year or in the distribution calendar year if distributed or transferred in the valuation calendar
year,
Required Beginning Date, The Required Beginning Date of a Participant is April 1 of the calendar
year following the later of the calendar year in which the Participant attains age seventy and one-half
(70-1/2), or the calendar year in which the Participant retires,
XI, MODES OF DISTRIBUTION OF BENEFITS
11,01 Normal Mode of Distribution. Unless an elective mode of distribution is elected as provided in Section
11.02, benefits shall be paid to the Participant in the form of a lump sum payment,
Notwithstanding the foregoing, where the Employer made the "QJSA Election" in the Adoption Agreement,
unless an elective mode of distriburion is elected in accordance with Article XVII, benefits shall be paid to the
Participant in the form provided for in Article XVII.
19
~
, 11.02 Elective Mode of Distribution, Subject to the requirements of Articles X, XII and XVII, a Participant may
revocably elect to have his/her Account distributed in anyone (1) of the following modes in lieu of the mode
described in Section 11,01:
(a) Equal Payments, Equal monthly, quarterly, semi-annual, or annual payments in an amount chosen by
the Participant continuing until the Account is exhausted,
(b) Period Certain, Approximately equal monthly, quarterly, semi-annual, or annual payments, calculated
to continue for a period certain chosen by the Participant.
(c) Other. Any other sequence of payments requested by the Participant,
(d) Lump Sum. Where the Employer did make the Q]SA Election in the Adoption Agreement, a
Participant may also elect a lump sum payment,
11.03 Election of Mode. A Participant's election of a payment option must be made in writing between thirty (30)
and ninety (90) days before the payment of benefits is to commence,
11,04 Death Benefits. Subject to Article X (and Article XII or XVII if so elected by the Employer in the
Adoption Agreement),
(a) In the case of a Participant who dies before he/she has begun receiving benefit payments, the
Participant's entire Nonforfeitable Interest shall then be payable to his/her Beneficiary within ninety
(90) days of the Participant's death, A Beneficiary who is entitled to receive benefits under this Sec-
tion may elect to have benefits commence at a later date, subject to the provisions of Article X, The
Beneficiary may elect to receive the death benefit in any of the forms available to the Participant
under Sections 11.01 and 11.02, If the Beneficiary is the Participant's surviving spouse, and such
surviving spouse dies before payment commences, then this Section shall apply to the beneficiary of
the surviving spouse as though such surviving spouse were the Participant,
(b) Should the Participant die after he/she has begun receiving benefit payments, the Beneficiary shall
receive the remaining benefits, if any, that are payable, under the payment schedule elected by the
Participant, Notwithstanding the foregoing, the Beneficiary may elect to accelerate payments of the
remaining balances, including but not limited to, a lump sum distribution,
SPOUSAL DEATH BENEFIT REQUIREMENTS
12,01 Application, Unless otherwise elected by the Employer in the Adoption Agreement, on or after January 1,
2006, the provisions of this Article shall take precedence over any conflicting provision in this Plan, The
provisions of this Article, known as the "Beneficiary Spousal Consent Election," shall apply to any Participant
who is credited with any Period of Service with the Employer on or after August 23, 1984, and such other
Participants as provided in Section 12.04,
12,02 Spousal Death Benefit.
(a) On the death of a Participant, the Participant's Vested Account Balance will be paid to the
Participant's Surviving Spouse, If there is no Surviving Spouse, or if the Participant has waived the
spousal death benefit, as provided in Section 12,03, such Vested Account Balance will be paid to the
Participant's designated Beneficiary,
(b) The Surviving Spouse may elect to have distribution of the Vested Account Balance commence
within the ninety (90) day period following the date of the Participant's death, or as otherwise
provided under Section 11,04, The Account balance shall be adjusted for gains or losses occurring
after the Participant's death in accordance with the provisions of the Plan governing the adjustment of
Account balances for other types of distributions,
20
12.03 Waiver of Spousal Death Benefit.
,
The Participant may waive the spousal death benefit described in Section 12,02 at any time; provided that no
such waiver shall be effective unless:
(a) the Participant's Spouse consents in writing to the election;
(b) the election designates a specific Beneficiary, including any class of Beneficiaries or any contingent
Beneficiaries, which may not be changed without spousal consent (or the Spouse expressly permits
designations by the Participant without any further spousal consent);
(c) the Spouse's consent acknowledges the effect of the election; and
(d) the Spouse's consent is witnessed by a Plan representative or notary public, If it is established to the
satisfaction of a Plan representative that there is no Spouse or that the Spouse cannot be located, a
waiver will be deemed to meet the requirements of this Section,
Any consent by a Spouse obtained under this provision (or establishment that the consent of a Spouse may
not be obtained) shall be effective only with respect to such Spouse, A consent that permits designations by
the Participant without any requirement of further consent by such Spouse must acknowledge that the Spouse
has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicable, and that
the Spouse voluntarily elects to relinquish either or both of such rights, A revocation of a prior waiver may be
made by a Participant without the consent of the Spouse at any time before the commencement of benefits,
The number of revocations shall not be limited,
12,04 Definitions. For the purposes of this Section, the following definitions shall apply:
(a) Spouse (Surviving Spouse): The Spouse or Surviving Spouse of the Participant, provided that a former
Spouse will be treated as the Spouse or Surviving Spouse and a current Spouse will not be treated as
the Spouse or Surviving Spouse to the extent provided under a qualified domestic relations order as
described in section 414(p) of the Code; and
(b) Vested Account Balance: The aggregate value of the Participant's vested Account balances derived from
Employer and Employee contributions (including rollovers), whether vested before or upon death,
including the proceeds of insurance contracts, if any, on the Participant's life. The provisions of this
Article shall apply to a Participant who is vested in amounts attributable to Employer Contributions,
Employee contributions (or both) at the time of death or distribution,
XIII. LOANS TO PARTICIPANTS
13.01 Availability of Loans to Participants.
(a) If the Employer has elected in the Adoption Agreement to make loans available to Participants, a
Participant may apply for a loan from the Plan subject to the limitations and other provisions of this
Article,
(b) The Employer shall establish written guidelines governing the granting of loans, provided that such
guidelines are approved by the Plan Administrator and are not inconsistent with the provisions of this
Article, and that loans are made available to all Participants on a reasonably equivalent basis,
13,02 Terms and Conditions of Loans to Participants. Any loan by the Plan to a Participant under Section 13,01
of the Plan shall satisfY the following requirements:
(a) Availability, Loans shall be made available to all Participants on a reasonably equivalent basis,
21
~
(b) Nondiscrimination. Loans shall not be made to highly compensated Employees in an amount greater
than the amount made available to other Employees,
(c) Interest Rate, Loans must be adequately secured and bear a reasonable interest rate,
(d) Loan Limit, No Participant loan shall exceed the present value of the Participant's Nonforfeitable
Interest in his/her Account,
(e) Foreclosure, In the event of default, foreclosure on the note and attachment of security will not occur
until a distributable event occurs in the Plan,
(f) Reduction of Account, Notwithstanding any other provision of this Plan, the portion of the
Participant's vested Account balance used as a security interest held by the Plan by reason of a loan
outstanding to the Participant shall be taken into account for purposes of determining the amount of
the Account balance payable at the time of death or distribution, but only if the reduction is used as
repayment of the loan, Ifless than one hundred percent (100%) of the Participant's nonforfeitable
Account balance (determined without regard to the preceding sentence) is payable to the surviving
spouse, then the Account balance shall be adjusted by first reducing the nonforfeitable Account bal-
ance by the amount of the security used as repayment of the loan, and then determining the benefit
payable to the surviving spouse,
(g) Amount of Loan. At the time the loan is made, the principal amount of the loan plus the outstanding
balance (principal plus accrued interest) due on any other outstanding loans to the Participant or
Beneficiary from the Plan and from all other plans of the Employer that are qualified employer plans
under section 72(p)(4) of the Code shall not exceed the lesser of:
(1) $50,000, reduced by the excess (if any) of
(i) The highest outstanding balance of loans from the Plan during the one (1) year
period ending on the day before the date on which the loan is made, over
(ii) The outstanding balance of loans from the Plan on the date on which such loan is
made; or
(2) One-half (1/2) of the value of the Participant's Nonforfeitable Interest in all of his/her
Accounts under this Plan (or $10,000, if greater, for loans prior to January 1, 2006),
For the purpose of the above limitation, all loans from all qualified employer plans, including 457(b)
plans, under Code section 72(p) (4) of the Code are aggregated,
(h) Application for Loan, The Participant must give the Employer adequate written notice, as determined
by the Employer, of the amount and desired time for receiving a loan, No more than one (1) loan
may be made by the Plan to a Participant in any calendar year, No loan shall be approved if an
existing loan from the Plan to the Participant is in default to any extent,
(i) Length of Loan. The terms of any loan issued or renegotiated after December 31, 1993, shall require
the Participant to repay the loan in substantially equal installments of principal and interest, at least
quarterly (except as otherwise provided in Treasury Regulation section l.72(p)-l, Q&A-9 for certain
leave of absence and military leave), over a period that does not exceed five (5) years from the date of
the loan; provided, however, that if the proceeds of the loan are applied by the Participant to acquire
any dwelling unit that is to be used within a reasonable time after the loan is made as the princi-
pal residence of the Participant, the five (5) year limit shall not apply, In this event, the period of
repayment shall not exceed a reasonable period determined by the Employer, Principal installments
22
and interest payments otherwise due may be suspended during an authorized leave of absence,
the promissory note so provides, but not beyond the original term permitted under this Subsecrj;
(i), with a revised payment schedule (within such term) instituted at the end of such period of
suspension, If the Participant fails to make any installment payment, the Plan Administrator ma~
according to Treasury Regulation l.72(p)-l, allow a cure period, which cure period cannot Contu}'
beyond the last day of the calendar quarter following the calendar quarter in which the required ...
installment payment was due.
0) Prepayment, The Participant shall be permitted to repay the loan in whole or in part at any time
prior to maturity, without penalty,
(k) Note, The loan shall be evidenced by a promissory note executed by the Participant and delivered t
the Employer, and shall bear interest at a reasonable rate determined by the Employer, .
Unless waived by a Participant, any plan loan that is outstanding on the date that active duty mili .
service begins will accrue interest at a rate of no more than 6% during the period of military servi
in accordance with the provisions of the Servicemembers Civil Relief Act (SCRA), 50 USC App,",
526 and subject to the notice requirements contained therein, This limitation applies even if 10'
payments are suspended during the period of military service as permitted under the Plan and Treas
regulations,
(1)
Security. The loan shall be secured by an assignment of that portion the Participant's right, title
.~
and interest in and to his/her Employer Contribution Account (to the extent vested), Participant!
*
Contribution Account, and Rollover Account that is equal to fifty percent (50%) of the Participant'sj
Account (to the extent vested)'i
j
(m)
Assignment or Pledge, For the purposes of paragraphs (h) and (i), assignment or pledge of any
portion of the Participant's interest in the Plan and a loan, pledge, or assignment with respect to any
insurance contract purchased under the Plan, will be treated as a loan,
(n)
Spousal Consent. If the Employer elected the QJSA Election in the Adoption Agreement, the
Participant must first obtain his or her spouse's notarized consent to the loan,
(0)
Other Terms and Conditions, The Employer shall fix such other terms and conditions of the loan as
it deems necessary to comply with legal requirements, to maintain the qualification of the Plan and
Trust under section 401 (a) of the Code, or to prevent the treatment of the loan for tax purposes as a
distribution to the Participant, The Employer, in its discretion for any reason, may fix other terms
and conditions of the loan, not inconsistent with the provisions of this Article,
13.03 Participant Loan Accounts.
(a) Upon approval of a loan to a Participant by the Employer, an amount not in excess of the loan shall be
transferred from the Participant's other investment fund(s), described in Section 6,05 of the Plan, to
the Participant's Loan Account as of the Accounting Date immediately preceding the agreed upon date
on which the loan is to be made,
(b) The assets of a Participant's Loan Account may be invested and reinvested only in promissory notes
received by the Plan from the Participant as consideration for a loan permitted by Section 13,01 of the
Plan or in cash, Uninvested cash balances in a Participant's Loan Account shall not bear interest, No
person who is otherwise a fiduciary of the Plan shall be liable for any loss, or by reason of any breach,
that results from the Participant's exercise of such control.
(c) Repayment of principal and payment of interest shall be made by payroll deduction or, where repay-
ment cannot be made by payroll deduction, by check, and shall be invested in one (1) or more other
23
.~
investment funds, in accordance with Section 6,05 of the Plan, as of the next Accounting Date after
payment thereof to the Trust, The amount so invested shall be deducted from the Participant's Loan
Account,
(d) The Employer shall have the authority to establish other reasonable rules, not inconsistent with the
provisions of the Plan, governing the establishment and maintenance of Participant Loan Accounts,
XIv: PLAN AMENDMENT, TERMINATION AND OPTIONAL PROVISIONS
14,01 Amendment by Employer, The Employer reserves the right, subject to Section 14,02 of the Plan, to amend
the Plan from time to time by either:
(a) Filing an amended Adoption Agreement to change, delete, or add any optional provision; or
(b) Continuing the Plan in the form of an amended and restated Plan and Trust,
No amendment to the Plan shall be effective to the extent that it has the effect of decreasing a Participant's
accrued benefit, Notwithstanding the preceding sentence, a Participant's Account balance may be reduced to
the extent permitted under section 412(c)(8) of the Code. For purposes of this paragraph, a Plan amendment
which has the effect of decreasing a Participant's Account balance or eliminating an optional form of benefit,
with respect to benefits attributable to service before the amendment shall be treated as reducing an accrued
benefit, Furthermore, if the vesting schedule of the Plan is amended, in the case of an Employee who is
a Participant as of the later of the date such amendment is adopted or the date it becomes effective, the
nonforfeitable percentage (determined as of such date) of such Employee's right to his/her Employer-derived
accrued benefit will not be less than his percentage computed under the plan without regard to such
amendment,
No amendment to the Plan shall be effective to eliminate or restrict an optional form of benefit, The
preceding sentence shall not apply to a Plan amendment that eliminates or restricts the ability of a
Participant to receive payment of his or her Account balance under a particular optional form of benefit if the
amendment provides a single-sum distribution form that is otherwise identical to the optional form of benefit
being eliminated or restricted. For this purpose, a single-sum distribution form is otherwise identical only
if the single-sum distribution form is identical in all respects to the eliminated or restricted optional form of
benefit (or would be identical except that it provides greater rights to the Participant) except with respect to
the timing of payments after commencement,
The Employer may (1) change the choice of options in the Adoption Agreement, (2) add overriding language
in the Adoption Agreement when such language is necessary to satisfy sections 415 or 416 of the Code
because of the required aggregation of multiple plans, (3) amend administrative provisions of the trust or
custodial document in the case of a nonstandardized plan and make more limited amendments in the case of
a standardized plan such as the name of the plan, employer, trustee or custodian, plan administrator and other
fiduciaries, the trust year, and the name of any pooled trust in which the Plan's trust will participate, (4) add
certain sample or model amendments published by the Internal Revenue Service or other required good faith
amendments which specifically provide that their adoption will not cause the plan to be treated as individually
designed, and (5) add or change provisions permitted under the Plan and/or specify or change the effective
date of a provision as permitted under the Plan and correct obvious and unambiguous typographical errors
and/or cross-references that merely correct a reference but that do not in any way change the original intended
meaning of the provisions,
14.02 Amendment of Vesting Schedule, If the Plan's vesting schedule is amended, or the Plan is amended in any
way that directly or indirectly affects the computation of the Participant's nonforfeitable percentage, each
Participant may elect, within a reasonable period after the adoption of the amendment or change, to have the
nonforfeitable percentage computed under the Plan without regard to such amendment or change.
24
The period during which the election may be made shall commence with the date the amendment is adopted
or deemed to be made and shall end on the latest of:
(a) Sixty (60) days after the amendment is adopted;
(b) Sixty (60) days after the amendment becomes effective; or
(c) Sixty (60) days after the Participant is issued written notice of the amendment by the Employer or
Plan Administrator,
14,03 Termination by Employer, The Employer reserves the right to terminate this Plan, However, in the event
of such termination no part of the Trust shall be used or diverted to any purpose other than for the exclusive
benefit of the Participants or their Beneficiaries, except as provided in this Section,
Upon Plan termination or partial termination, all Account balances shall be valued at their fair market value
and the Participant's right to his/her Employer Contribution Account shall be one hundred percent (100%)
vested and nonforfeitable. Such amount and any other amounts held in the Participant's other Accounts shall
be maintained for the Participant until paid pursuant to the terms of the Plan,
Any amounts held in a suspense aCCOUnt, after all liabilities of the Plan to Participants and Beneficiaries have
been satisfied or provided for, shall be paid to the Employer in accordance with the Code and regulations
thereunder,
In the event that the Commissioner OfInternal Revenue determines that the Plan is not initially qualified
under the Internal Revenue Code, any contribution made by the Employer incident to that initial
qualification must be returned to the Employer within one year after the date the initial qualification is
denied, but only if the application for the qualification is made by the time prescribed by law for filing the
Employer's return for the year in which the Plan is adopted, or such later date as the Secretary of the Treasury
may prescribe,
14,04 Discontinuance of Contributions. A permanent discontinuance of contributions to the Plan by the
Employer, unless an amended and restated Plan is established, shall constitute a Plan termination, In the
event of a complete discontinuance of contributions under the Plan, the Account balance of each affected
Participant shall be nonforfeitable,
14,05 Amendment by Plan Administrator, The Plan Administrator may amend this Plan upon thirty (30) days
written notification to the Employer; provided, however, that any such amendment must be for the express
purpose of maintaining compliance with applicable federal laws and regulations of the Internal Revenue
Service, Such amendment shall become effective unless, within such 30-day period, the Employer notifies
the Administrator, in writing, that it disapproves such amendment, in which case such amendment shall
not become effective, In the event of such disapproval, the Administrator shall be under no obligation to
continue acting as Administrator hereunder,
14.06 Optional Provisions, Any provision which is optional under this Plan shall become effective if and only if
elected by the Employer and agreed to by the Plan Administrator,
xv: ADMINISTRATION
15,01 Powers of the Employer. The Employer shall have the following powers and duties:
(a) To appoint and remove, with or without cause, the Plan Administrator;
(b) To amend or terminate the Plan pursuant to the provisions of Article XIV;
(c) To appoint a committee to facilitate administration of the Plan and communications to Participants;
25
(d) To decide all questions of eligibility
(1) for Plan participation, and
(2) upon appeal by any Participant, Employee or Beneficiary, for the payment of benefits;
(e) To engage an independent qualified public accountant, when required to do so by law, to prepare an-
nually the audited financial statements of the Plan's operation;
(f) To take all actions and to communicate to the Plan Administrator in writing all necessary information
to carry out the terms of the Plan and Trust; and
(g) To notify the Plan Administrator in writing of the termination of the Plan,
15.02 Duties of the Plan Administrator, The Plan Administrator shall have the following powers and duties:
(a) To construe and interpret the provisions of the Plan;
(b) To maintain and provide such returns, reports, schedules, descriptions, and individual Account
statements, as are required by law within the times prescribed by law; and to furnish to the Employer,
upon request, copies of any or all such materials, and further, to make copies of such instruments,
reports, descriptions, and statements as are required by law available for examination by Participants
and such of their Beneficiaries who are or may be entitled to benefits under the Plan in such places
and in such manner as required by law;
(c) To obtain from the Employer such information as shall be necessary for the proper administration of
the Plan;
(d) To determine the amount, manner, and time of payment of benefits hereunder;
(e) To appoint and retain such agents, counsel, and accountants for the purpose of properly administer-
ing the Plan;
(f) To distribute assets of the Trust to each Participant and Beneficiary in accordance with Article X of
the Plan;
(g) To pay expenses from the Trust pursuant to Section 6,03 of the Plan; and
(h) To do such other acts reasonably required to administer the Plan in accordance with its provisions or
as may be provided for or required by law,
15.03 Protection of the Employer. The Employer shall not be liable for the acts or omissions of the Plan
Administrator, but only to the extent that such acts or omissions do not result from the Employer's failure to
provide accurate or timely information as required or necessary for proper administration of the Plan.
15.04 Protection of the Plan Administrator, The Plan Administrator may rely upon any certificate, notice or
direction purporting to have been signed on behalf of the Employer which the Plan Administrator believes to
have been signed by a duly designated official of the Employer,
15,05 Resignation or Removal of Plan Administrator, The Plan Administrator may resign at any time effective
upon sixty (60) days prior written notice to the Employer, The Plan Administrator may be removed by
the Employer at any time upon sixty (60) days prior written notice to the Plan Administrator, Upon the
26
resignation or removal of the Plan Administrator, the Employer may appoint a successor Plan Administrator;
failing such appointment, the Employer shall assume the powers and duties of Plan Administrator, Upon the
resignation or removal of the Plan Administrator, any Trust assets invested by or held in the name of the Plan
Administrator shall be transferred to the trustee in cash or property, at fair market value, except that the return
of Trust assets invested in a contract issued by an insurance company shall be governed by the terms of that
contract,
15,06 No Termination Penalty, The Plan Administrator shall have no authority or discretion to impose any
termination penalty upon its removal,
15,07 Decisions of the Plan Administrator, All constructions, determinations, and interpretations made by the
Plan Administrator pursuant to Section 15,02(a) or (d) or by the Employer pursuant to Section 15.01(d) shall
be final and binding on all persons participating in the Plan, given deference in all courts of law to the greatest
extent allowed by applicable law, and shall not be overturned or set aside by any court oflaw unless found to
be arbitrary or capricious, or made in bad faith,
XVI. MISCELLANEOUS
16,01 Nonguarantee of Employment, Nothing contained in this Plan shall be construed as a contract of
employment between the Employer and any Employee, or as a right of an Employee to be continued in the
employment of the Employer, as a limitation of the right of the Employer to discharge any of its Employees,
with or without cause.
16,02 Rights to Trust Assets, No Employee or Beneficiary shall have any right ro, or interest in, any assets of the
Trust upon termination of his/her employment or otherwise, except as provided from time to time under this
Plan, and then only to the extent of the benefits payable under the Plan to such Employee or Beneficiary out
of the assets of the Trust, All payments of benefits as provided for in this Plan shall be made solely out of the
assets of the Trust and none of the fiduciaries shall be liable therefor in any manner,
16,03 Nonalienation of Benefits. Except as provided in Section 16.04 of the Plan, benefits payable under this Plan
shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance,
charge, garnishment, execution, or levy of any kind, either voluntary or involuntary, prior to actually being
received by the person entitled to the benefit under the terms of the Plan; and any attempt to anticipate,
alienate, sell, transfer, assign, pledge, encumber, charge or otherwise dispose of any right to benefits payable
hereunder, shall be void, The Trust shall not in any manner be liable for, or subject to, the debts, contracts,
liabilities, engagements or torts of any person entitled to benefits hereunder.
16.04 Qualified Domestic Relations Order, Notwithstanding Section 16,03 of the Plan, amounts may be paid
with respect to a Participant pursuant to a domestic relations order, but if and only if the order is determined
to be a qualified domestic relations order within the meaning of section 414(p) of the Code or any domestic
relations order entered before January 1, 1985,
16,05 Nonforfeitability of Benefits. Subject only to the specific provisions of this Plan, nothing shall be deemed to
deprive a Participant of his/her right to the Nonforfeitable Interest to which he/she becomes entitled in accord-
ance with the provisions of the Plan,
16,06 Incompetency of Payee, In the event any benefit is payable to a minor or incompetent, to a person otherwise
under legal disability, or to a person who, in the sole judgment of the Employer, is by reason of advanced age,
illness, or other physical or mental incapacity incapable of handling the disposition of his/her property, the
Employer may apply the whole or any part of such benefit directly to the care, comfort, maintenance, sup-
port, education, or use of such person or payor distribute the whole or any part of such benefit to:
(a) The parent of such person;
-~
27
(b) The guardian, committee, or other legal representative, wherever appointed, of such person;
(c) The person with whom such person resides;
(d) Any person having the care and control of such person; or
(e) Such person personally,
The receipt of the person to whom any such payment or distribution is so made shall be full and complete dis-
charge therefor,
16,07 Inability to Locate Payee, Anything to the contrary herein notwithstanding, if the Employer is unable,
after reasonable effort, to locate any Participant or Beneficiary to whom an amount is payable hereunder,
such amount shall be forfeited and held in the Trust for application against the next succeeding Employer
Contribution or contributions required to be made hereunder. Notwithstanding the foregoing, however,
such amount shall be reinstated, by means of an additional Employer contribution, if and when a claim for
the forfeited amount is subsequendy made by the Participant or Beneficiary or if the Employer receives proof
of death of such person, satisfactory to the Employer. To the extent not inconsistent with applicable law,
any benefits lost by reason of escheat under applicable state law shall be considered forfeited and shall not be
reinstated,
16.08 Mergers, Consolidations, and Transfer of Assets, The Plan shall not be merged into or consolidated with
any other plan, nor shall any of its assets or liabilities be transferred into any such other plan, unless each Par-
ticipant in the Plan would (if the Plan then terminated) receive a benefit immediately after the merger, con-
solidation, or transfer that is equal to or greater than the benefit he/she would have been entided to receive
immediately before the merger, consolidation, or transfer (if the Plan had then terminated),
16.09 Employer Records. Records of the Employer as to an Employee's or Participant's Period of Service, termina-
tion of service and the reason therefor, leaves of absence, reemployment, Earnings, and Compensation will be
conclusive on all persons, unless determined to be incorrect,
16,10 Gender and Number, The masculine pronoun, whenever used herein, shall include the feminine pronoun,
and the singular shall include the plural, except where the context requires otherwise,
16,11 Applicable Law. The Plan shall be construed under the laws of the State where the Employer is located,
except to the extent superseded by federal law, The Plan is established with the intent that it meets the
requirements under the Code. The provisions of this Plan shall be interpreted in conformity with these
requirements,
In the event of any conflict between the Plan and a policy or contract issued hereunder, the Plan provisions
shall control; provided, however, no Plan amendment shall supersede an existing policy or contract unless
such amendment is required to maintain qualification under section 401 (a) and 414(d) of the Code,
XVII. SPOUSAL BENEFIT REQUIREMENTS
17,01 Application. Effective as ofJanuary 1, 2006, where elected by the Employer in the Adoption Agreement (the
"Q]SA Election"), the provisions of this Article shall take precedence over any conflicting provision in this
Plan, If elected, the provisions of this Article shall apply to any Participant who is credited with any Period
of Service with the Employer on or after August 23, 1984, and such other Participants as provided in Section
17,05,
17,02 Qualified Joint and Survivor Annuity, Unless an optional form of benefit is selected pursuant to a Qualified
Election within the ninety (90) day period ending on the Annuity Starting Date, a married Participant's
Vested Account Balance will be paid in the form of a Qualified Joint and Survivor Annuity and an unmarried
28
Participant's Vested Account Balance will be paid in the form of a Straight Life Annuity, The Participant may
elect to have such annuity distributed upon the attainment of the Earliest Retirement Age under the Plan,
17,03 Qualified Preretirement Survivor Annuity, If a Participant dies before the Annuity Starting Date, then
fifty percent (50%) of the Participant's Vested Account Balance shall be applied toward the purchase of an
annuity for the life of the Surviving Spouse; the remaining portion shall be paid to such Beneficiaries (which
may include such Spouse) designated by the Participant, Notwithstanding the foregoing, the Participant
may waive the spousal annuity by designating a different Beneficiary within the Election Period pursuant to a
Qualified Election, To the extent that less than one hundred percent (100%) of the vested Account balance is
paid to the Surviving Spouse, the amount of the Participant's Account derived from Employee contributions
will be allocated to the Surviving Spouse in the same proportion as the amount of the Participant's Account
derived from Employee contributions is to the Participant's total Vested Account Balance, The Surviving
Spouse may elect to have such annuity distributed within a reasonable period after the Participant's death,
Further, such Spouse may elect to receive any death benefit payable to him/her hereunder in any of the forms
available to the Participant under Section 11.02,
17,04 Notice Requirements,
(a) In the case of a Qualified Joint and Survivor Annuity as described in Section 17,02, the Plan Admin-
istrator shall, no less than thirty (30) days and no more than ninety (90) days prior to the Annuity
Starting Date, provide each Participant a written explanation of: (i) the terms and conditions of a
Qualified Joint and Survivor Annuity; (ii) the Participant's right to make and the effect of an election
to waive the Qualified Joint and Survivor Annuity form of benefit; (iii) the rights of a Participant's
Spouse; and (iv) the right to make, and the effect of, a revocation of a previous election to waive
the Qualified Joint and Survivor Annuity, However, if the Participant, after having received the
written eXplanation, affirmatively elects a form of distribution and the Spouse consents to that form
of distribution (if necessary), benefit payments may commence less than 30 days after the written
explanation was provided to the Participant, provided that the following requirements are met:
(1) The Plan Administrator provides information to the Participant clearly indicating that the
Participant has a right to at least 30 days to consider whether to waive the Qualified Joint
and Survivor Annuity and consent to a form of distribution other than a Qualified Joint and
Survivor Annuity;
(2) The Participant is permitted to revoke an affirmative distribution election at least until the
Annuity Starting Date, or if later, at any time prior to the expiration of the 7 -day period that
begins the day after the explanation of the Qualified Joint and Survivor Annuity is provided
to the Participant;
(3) The Annuity Starting Date is after the date that the explanation of the Qualified Joint and
Survivor Annuity is provided to the Participant; and
(4) Distribution in accordance with the affirmative election does not commence before the
expiration of the 7 -day period that begins after the day after the explanation of the Qualified
Joint and Survivor Annuity is provided to the Participant,
(b) In the case of a Qualified Preretirement Survivor Annuity as described in Section 17.03, the Plan
Administrator shall provide each Participant within the applicable period for such Participant a writ-
ten explanation of the Qualified Preretirement Survivor Annuity in such terms and in such manner
as would be comparable to the explanation provided for meeting the requirements of Subsection (a)
applicable to a Qualified Joint and Survivor Annuity,
The applicable period for a Participant is whichever of the following periods ends last: (i) the period
beginning with the first day of the Plan Year in which the Participant attains age thirty-two (32)
29
and ending with the close of the Plan Year preceding the Plan Year in which the Participant attains
age thirty-five (35); (ii) a reasonable period ending after the individual becomes a Participant; (iii) a
reasonable period ending after Subsection (c) ceases to apply to the Participant; (iv) a reasonable
period ending after this Article first applies to the Participant, Notwithstanding the foregoing, notice
must be provided within a reasonable period ending after separation from service in the case of a
Participant who separates from service before attaining age thirty-five (35),
For purposes of applying the preceding paragraph, a reasonable period ending after the enumerated
events described in (ii), (iii) and (iv) is the end of the two (2) year period beginning one (1) year
prior to the date the applicable event occurs, and ending one (1) year after that date, In the case of a
Participant who separates from service before the Plan Year in which age thirty-five (35) is attained,
notice shall be provided within the two (2) year period beginning one (1) year prior to separation and
ending one (1) year after separation, If such a Participant thereafter returns to employment with the
Employer, the applicable period for such Participant shall be redetermined.
(c) Notwithstanding the other requirements of this Section, the respective notices prescribed by this
Section need not be given to a Participant if (1) the Plan "fully subsidizes" the costs of a Qualified
Joint and Survivor Annuity or Qualified Preretirement Survivor Annuity, and (2) the Plan does not
allow the Participant to waive the Qualified Joint and Survivor Annuity or Qualified Preretirement
Survivor Annuity and does not allow a married Participant to designate a non-Spouse Beneficiary,
For purposes of this Subsection (c), a plan fully subsidizes the costs of a benefit if no increase in cost
or decrease in benefits to the Participant may result from the Participant's failure to elect another
benefit,
17,05 Definitions. For the purposes of this Section, the following definitions shall apply:
(a) Annuity Starting Date: The first day of the first period for which an amount is paid as an annuity or
any other form,
(b) Election Period: The period which begins on the first day of the Plan Year in which the Participant
attains age thirty-five (35) and ends on the date of the Participant's death, If a Participant separates
from service prior to the first day of the Plan Year in which age thirty-five (35) is attained, with
respect to the Account balance as of the date of separation, the Election Period shall begin on the date
of separation,
Pre-age thirty-five (35) waiver: A Participant who will not yet attain age thirty-five (35) as of the end
of any current Plan Year may make a special Qualified Election to waive the Qualified Preretirement
Survivor Annuity for the period beginning on the date of such election and ending on the first day of
the Plan Year in which the Participant will attain age thirty-five (35), Such election shall not be valid
unless the Participant receives a written explanation of the Qualified Preretirement Survivor Annuity
in such terms as are comparable to the explanation required under Section 17,04(a), Qualified
Preretirement Survivor Annuity coverage will be automatically reinstated as of the first day of the Plan
Year in which the Participant attains age thirty-five (35), Any new waiver on or after such date shall
be subject to the full requirements of this Article.
(c) Earliest Retirement Age: The earliest date on which, under the Plan, the Participant could elect to
receive retirement benefits,
(d) Qualified Election: A waiver of a Qualified Joint and Survivor Annuity or a Qualified Preretirement
Survivor Annuity, Any waiver of a Qualified Joint and Survivor Annuity or a Qualified Preretirement
Survivor Annuity shall not be effective unless: (a) the Participant's Spouse consents in writing to
the election; (b) the election designates a specific Beneficiary, including any class of Beneficiaries or
any contingent Beneficiaries, which may not be changed without spousal consent (or the Spouse
30
~,
expressly permits designations by the Participant without any further spousal consent); (c) the
Spouse's consent acknowledges the effect of the election; and (d) the Spouse's consent is witnessed
by a Plan representative or notary public, Additionally, a Participant's waiver of the Qualified Joint
and Survivor Annuity shall not be effective unless the election designates a form of benefit payment
which may not be changed without spousal consent (or the Spouse expressly permits designations by
the Participant without any further Spousal consent), If it is established to the satisfaction of a Plan
representative that there is no Spouse or that the Spouse cannot be located, a waiver will be deemed a
Qualified Election,
Any consent by a Spouse obtained under this provision (or establishment that the consent of a Spouse
may not be obtained) shall be effective only with respect to such Spouse, A consent that permits
designations by the Participant without any requirement of further consent by such Spouse must
acknowledge that the Spouse has the right to limit consent to a specific Beneficiary, and a specific
form of benefit where applicable, and that the Spouse voluntarily elects to relinquish either or both of
such rights, A revocation of a prior waiver may be made by a Participant without the consent of the
Spouse at any time before the commencement of benefits, The number of revocations shall not be
limited, No consent obtained under this provision shall be valid unless the Participant has received
notice as provided in Section 17,04,
(e) Qualified Joint and Survivor Annuity: An immediate annuity for the life of the Participant with a
survivor annuity for the life of the Spouse which is fifty percent (50%) of the amount of the annuity
which is payable during the joint lives of the Participant and the Spouse and which is the amount of
benefit which can be purchased with the Participant's Vested Account Balance,
(f) Spouse (Surviving Spouse): The Spouse or Surviving Spouse of the Participant, provided that a former
Spouse will be treated as the Spouse or Surviving Spouse and a current Spouse will not be treated as
the Spouse or Surviving Spouse to the extent provided under a qualified domestic relations order as
described in section 414(p) of the Code,
(g) Straight Life Annuity: An annuity payable in equal installments for the life of the Participant that
terminates upon the Participant's death,
(h) Vested Account Balance: The aggregate value of the Participant's vested Account balances derived from
Employer and Employee contributions (including roUovers), whether vested before or upon death,
including the proceeds of insurance contracts, if any, on the Participant's life, The provisions of this
Article shall apply to a Participant who is vested in amounts attributable to Employer Contributions,
Employee contributions (or both) at the time of death or distribution,
17.06 Annuity Contracts. Where benefits are to be paid in the form of a life annuity pursuant to the terms of this
Article, a nontransferable annuity contract shall be purchased from a life insurance company and distributed
to the Participant or Surviving Spouse, as applicable, The terms of any annuity contract purchased and
distributed by the Plan shall comply with the requirements of this Plan and section 417 of the Code,
31
.-J
DECLARATION OF TRUST
This Declaration of Trust (the "Group Trust Agreement") is made as of the 19th day of May, 2001, by VantageTrust Company,
which declares itself to be the sole Trustee of the trust hereby created.
WHEREAS, the ICMA Retirement Trust was created as a vehicle for the commingling of the assets of governmental plans
and governmental units described in Section 818(a)(6) of the Internal Revenue Code of 1986, as amended, pursuant to a
Declaration of Trust dated October 4, 1982, as subsequently amended, a copy of which is attached hereto and incorporated by
reference as set out below (the "ICMA Declaration"); and
WHEREAS, the trust created hereunder (the "Group Trust") is intended to meet the requirements of Revenue Ruling 81-
100, 1981-1 C.B, 326, and is established as a common trust fund within the meaning of Section 391:1 of Title 35 of the New
Hampshire Revised Statutes Annotated, to accept and hold for investment purposes the assets of the Deferred Compensation
and Qualified Plans held by and through the ICMA Retirement Trust,
NOW; THEREFORE, the Group Trust is created by the execution of this Declaration of Trust by the Trustee and is established
with respect to each Deferred Compensation and Qualified Plan by the transfer to the Trustee of such Plan's assets in the
ICMA Retirement Trust, by the Trustees thereof, in accord with the following provisions:
1, Incorporation of ICMA Declaration by Reference; ICMA By-Laws, Except as otherwise provided in this Group
Trust Agreement, and to the extent not inconsistent herewith, all provisions of the ICMA Declaration are
incorporated herein by reference and made a part hereof, to be read by substituting the Group Trust for the
Retirement Trust and the Trustee for the Board of Trustees referenced therein, In this respect, unless the
context clearly indicates otherwise, all capitalized terms used herein and defined in the ICMA Declaration
have the meanings assigned to them in the ICMA Declaration. In addition, the By-Laws of the ICMA
Retirement Trust, as the same may be amended from time-to-time, are adopted as the By-Laws of the Group
Trust to the extent not inconsistent with the terms of this Group Trust Agreement,
Notwithstanding the foregoing, the terms of the ICMA Declaration and By-Laws are further modified with
respect to the Group Trust created hereunder, as follows:
(a) any reporting, distribution, or other obligation of the Group Trust vis-a.-vis any Deferred
Compensation Plan, Qualified Plan, Public Employer, Public Employer Trustee, or Employer Trust
shall be deemed satisfied to the extent that such obligation is undertaken by the ICMA Retirement
Trust (in which case the obligation of the Group Trust shall run to the ICMA Retirement Trust); and
(b) all provisions dealing with the number, qualification, election, term and nomination of Trustees shall
not apply, and all other provisions relating to trustees (including, but not limited to, resignation
and removal) shall be interpreted in a manner consistent with the appointment of a single corporate
trustee,
2, Compliance with Revenue Procedure 81-100, The requirements of Revenue Procedute 81-100 are applicable to
the Group Trust as follows:
(a) Pursuant to the terms of this Group Trust Agreement and Article X of the By-Laws, investment in the
Group Trust is limited to assets of Deferred Compensation and Qualified Plans, investing through the
ICMA Retirement Trust,
(b) Pursuant to the By-Laws, the Group Trust is adopted as a part of each Qualified Plan that invests
herein through the ICMA Retirement Trust,
(c) In accord with the By-Laws, that part of the Group Trust's corpus or income which equitably belongs
to any Deferred Compensation and Qualified Plan may not be used for or diverted to any purposes
other than for the exclusive benefit of the Plan's employees or their beneficiaries who are entitled to
benefits under such Plan,
(d)
In accord with the By-Laws, no Deferred Compensation Plan or Qualified Plan may assign any or
part of its equity or interest in the Group Trust, and any purported assignment of such equity or
interest shall be void,
3, Governing Law. Except as otherwise required by federal, state or local law, this Declaration of Trust (including
the ICMA Declaration to the extent incorporated herein) and the Group Trust created hereunder shall be
construed and determined in accordance with applicable laws of the State of New Hampshire,
4, Judicial Proceedings. The Trustee may at any time initiate an action or proceeding in the appropriate state
or federal courts within or outside the state of New Hampshire for the settlement of its accounts or for the
determination of any question of construction which may arise or for instructions,
IN WITNESS WHEREOF, the Trustee has execured this Declaration of Trust as of the day and year first above written,
VANTAGETRUST COMPANY
By, ti..t 1f,i44
Name: Paul F. Gallagher
Title: Secretary
2
----""'"
THIS PAGE INTENTIONALLY LEFT BLANK
3
Date: February 1,2007
Agenda Item No,
<lU
AGENDA REQUEST
Agenda request to be placed on:
_X_Regular _ Special
_ Workshop
Consent
When: February 6, 2007
Description of Agenda Item:
Memorandum of Agreement - Community Child Care Center and Children's Case
Management Organization
OrdinanceIResolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
~J~~
v
City Attorney ReviewIRecommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
(if applicable)
City Manager Review:
Approved for agenda: ~ / No ~
Hold Until: C7 v v ,
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ()) ^
AGENDA ITEM # ~ - REGULAR MEETING OF FEBRUARY 6. 2007
DELRAY BEACH POP UP BOOK/JOINT FUNDRAISING PROJECT FOR
THE EDUCATION FOUNDATION
TO:
SUBJECT:
DATE:
FEBRUARY 2, 2007
This is before the City Commission to consider approval of a check request in the amount of
$13,000,00 to the Chamber of Commerce Education Foundation for the underwriting of the All-
America City page for the Delray Beach Pop Up Book.
At the October 10, 2006 Commission Workshop meeting of, the Education Board asked the City
Commission to support the development of a collaborative, historic pop-up book about Delray Beach
and consider underwriting the All-America City Page, The Commission provided full support of the
project. The purpose of the book is to create at $250,000+ endowment fund for the Delray Beach
Chamber of Commerce Education Foundation that will enable life changing grants to our schools
every year, in perpetuity. Since the workshop meeting, the pop up book steering committee has been
busy raising funds and creating the six (6) pages capturing the cultural Heritage, History, Recreation,
Education, Downtown and All-America City accomplishments of our Village by the Sea,
Recommend approval of a check request in the amount of $13,000.00 to the Chamber of Commerce
Education Foundation for the underwriting of the All-America City page for the Delray Beach Pop
Up Book.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager Memo All American City Page Delray Pop Up Book 02.06.07,doc
FROM:
DAVID T, HARDEN, CITY MANAGER "''''CONSENT AGENDA"''''
LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT i a..... ~e~ch...
U..!-} :\~
I.,,~
JANET MEEKS EDUCATION COORDINATOR ~...... get caught
, ~ .-- reading!
TO:
THRU:
SUBJECT: CHECK REQUEST FOR THE DELRAY BEACH POP UP BOOK
The Mayor's Literacy Partnership
Item Before the Commission: Consideration to approve a check request in the amount of $13,000
to the Chamber of Commerce Education Foundation for the underwriting of the All America City
page for the Delray Beach pop up book,
Back9round: At its Workshop meeting of October 10, 2006, the Education Board asked the City
Commission to support the development of a collaborative, historic pop-up book about Delray Beach
and consider underwriting the All America City Page, The Commission provided full support of the
project, The purpose of the book is to create a $250,000+ endowment fund for the Delray Beach
Chamber of Commerce Education Foundation that will enable life changing grants to our schools
every year, in perpetuity. Since the workshop meeting, the pop up book steering committee has
been busy raising funds and creating the six pages capturing the Cultural Heritage, History,
Recreation, Education, Downtown and All America City accomplishments of our Village by the Sea,
Financials and Timin9: The hard cost to produce the book is $59,000 and we are in the process of
obtaining sponsorships to underwrite the six pages (see the attached financial statement), We
committed to raise funds by April 1st in order to proceed with the production of the book for
distribution in the fall of 2007 or we have the opportunity to delay the production for one year,
We joined efforts with the Chamber of Commerce Education Foundation to help with their annual
Education Auction and in return they graciously have greed to give all proceeds exceeding $20,000
towards the book, In addition, we have numerous sponsorships in the process of making final
decisions with their donation amounts as well as a fund raising party to be hosted by a private
donor in March, Based on the above, we believe that within the next 60 days we will have obtained
enough donations to proceed this year with the production of the book.
Recommendation:
Approve the check request in the amount of $13,000 made out to the Delray Beach Chamber of
Commerce Education Foundation for the underwriting of the All America City page for the Delray
Beach pop up book.
Attachments: Workshop Documentation and Minutes 10-10-06 and Financial Statement
Financial Statement for the Delrav Beach POD UD Book
Hard Cost to Produce Book:
Book Production 15,000 books x $2.10
Production mana ement
Illustrator/art work
Stora e: 2 ears $4,800
$31,500
14,000
14,000
*Total does not include marketing and sales position, oversized promotional pop-ups or
royalties that are to be paid when books are sold
$7,000**
$59,000
1'0.000
$69~OOO
**Chamber of Commerce will give to the book all proceeds over $20,000 raised the night
of the auction - $7,000 is a conservative estimate given potential donations to date (1-31-07)
Cost of Book to Produce
Marketing Position
FROM:
:~::~:~::~;: ;::::~ IMPROVEMENT !~:eaCh...get caught
Q --- reading'
JANET MEEKS, EDUCATION COORDINATOR ·
The Mayor's Literacy Partnership
TO:
THRU:
SUBJECT:
WORKSHOP MEETING OF OCTOBER 10, 2006
Executive Summary: The Delray Beach Education Board, in partnership with the Downtown
Marketing Cooperative and the Chamber of Commerce Education Foundation propose a joint project to
create a $200,000+ fund that will enable self perpetuating annual grants to each public and private
school in Delray Beach,
Backaround: Delray Beach launched "Delray Beach,..Get Caught Reading!" in 2005 and infused
literacy into many existing programs. During First Night 2006, we sponsored an event featuring the
World's Largest Pop-up Book and its designer, Roger Culbertson, As we explored all the ways we could
infuse literacy into our community's fabric, we developed an idea that incorporates reading, Delray
Beach history, students, schools, heritage and the opportunity to create a legacy fund that enables
grants for our schools in perpetuity, The concept is a Pop-up Book of Delray with six pages capturing
the Cultural Heritage, History, Recreation, Education, Downtown and All America City
accomplishments of our Village by the Sea. The book, selling for $20, would be a collaboration
designed by groups representing the six major areas and be available for sale in concert with
celebrating the 10th Anniversary of our First Night in November 2007,
Financials and Timina: The total project cost, including a part time administrator to manage sales is
$79,000 and we would seek sponsors to underwrite the 6 pages. Planning would commence fall of this
year with City Commission approval and books would be received October 2007, While the timing may
seem aggressive, we have an opportunity to delay production for one year in April 2007 if full
sponsorship is not attained in the next 7 months, The Downtown Marketing Cooperative has agreed to
sponsor the Downtown page and a second page has sponsorship through a business partner.
Benefits: Fulfills City Commission Goals in bringing together diverse groups of people to design this
celebration of our history, hopes, dreams and building community unity, It will create an incredible
collaboration of history and culture, and a book that all generations will enjoy reading,
The opportunity to generate a $200,000 to $300,000 to fund the Education Foundation is compelling,
but the benefits are substantially broader, Roger Culbertson has agreed to be a Principal for a Day,
and in that context will create a web based contest for every child in Delray Beach to create the
opening page of this historic book, drawing in the broader community,
Recommendation:
That the City Commission supports the development of a collaborative, historic pop-up book about
Delray Beach and consider underwriting the All America City Page.
WORKSHOP MEETING
OCtOBER 10, 2006
A Workshop Meeting of the City Commission of the City of Dekay Beach, Florida, was called to
order by Mayor Jeff Perlman in the City Commission Chambers at City Hall at 6:00 p.m., on
Tuesday, October 10, 2006.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred B. Fetzer
Commissioner J on Levinson
Commissioner Brenda B. Montague
Mayor Jeff Perlman
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Janet K Whipple, Deputy 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. Presentation of the Old Library Site Request for Proposal (RFP) - The Pugliese Company and
the Coastal Design & Development Group (ThifJJresentation will be held in the Commission Chambers.)
Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA)
provided . background information for the Request for Proposal (RFP) issued by the
Community Redevelopment Agency (CRA) for developers interested in redeveloping the old
library site which includes the property the library is on, plus the adjacent public parking lot,
and the Chamber of Commerce property. Proposals from two (2) local finns, Pugliese
Company and Coastal Design and Development Group, were received. The Community
Redevelopment Agency (CRA) Board met on September 28, 2006 to consider both
proposals and supported Coastal Design and Development Group by a vote of 3 to 2.
Mayor Perlman noted for the presentations for Workshop Items 1 and 2, each applicant
would be allowed a twenty (20) minute time limit, followed by ten (10) minutes of
questioning from the Commission, and three (3) minutes each from any members of the
public who may wish to speak.
Residents and visitors would be offered three levels of service: Phase One (1) would
encompass Atlantic Avenue from 1-95 to AlA, six (6) blocks north and south of Atlantic
Avenue; Phase Two (2) would encompass the remainder of the City east of 1-95; and Phase
1bree (3) would encompass the rest of the City west of 1-95.
Annapolis Wireless Internet provided a PowerPoint Presentation proposing to have several
"hot spots" in areas of the City based upon projected profitability. The presented model did
not provide city-wide WiFi. The hot spots would be free to the public and they would profit
by providing advertising on their splash page which would be paid for by commercial
establishments. It was suggested by Annapolis to use the Atlantic Avenue hot spot as a pilot
project and they would expand their hot spots after the successful completion of the area.
Annapolis would require a franchise agreement from the City for WiFi network operations
for no less than thirty-six (36) months.
Discussion followed on the feasibility of each proposal.
It was the consensus of the Commission to pursue negotiations with A TC Intemationa~ Inc.
(Team ATCI).
At this time, the Commission decided to stay in the Commission Chambers in lieu of
moving to the First Floor Conference Room.
3. Proposed Joint Fundraising Project for the Education Foundation
Janet Meeks, Education Coordinator and Debbie Kaiser, Chairman of the Education Board,
provided background information on the partnership of the Education Board with the
Downtown Marketing Cooperative, and the Chamber of Commerce Education Foundation
to propose a joint project to create a $200,000 plus fund that will enable self perpetuating
annual grants to each public and private school in Delray Beach. An idea of a Pop-up Book
of Dekay Beach had been developed which would incorporate reading, Delray Beach
history, students, schools, heritage and the opportunity to create a legacy fund that enables
grants for our schools in perpetuity. The Pop-up book would be six (6) pages, capturing the
Cultural Heritage, History, Recreation, Education, Downtown and All American City
accomplishments of our Village by the Sea. The book would sell for $20.00 and be available
for sale in concert with celebrating the 10th Anniversary of the City's one-hundred (100) foot
Christmas tree in November 2007.
It was the consensus of the Commission that this endeavor was an ambitious goal; they
wished the participants well, and provided full support to the project.
3
OCTOBER 10, 2006
Date: January 31, 2007
Agenda Item No.
~.:V\
AGENDA REQUEST
Agenda request to be placed on:
_X_Regular _ Special
_ Workshop
Consent
When: February 6, 2007
Description of Agenda Item:
Funding Request for the All-America City Page for the Delray Pop-Up Book
* Funding Source to be determined *
Ordinance/Resolution Required: Yes G
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature: ~ l~ ~
City Attornev Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
(if applicable)
City Manager Review:
Approved for agenda: @ N~
Hold Until: t/ I \
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
MEMORANDUM
D/\
t1j
TO: David T. Harden, City Manager
FROM:
Jaddyn Roooey, Purchasing Manager ~
THROUGH: Joseph Safford, Finance Director
DATE: February 02, 2007
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
FEBRUARY 06, 2006 - PAYMENT FOR THE PURCHASE OF
POLY PHOSPHATE FROM PRISTINE WATER SOLUTIONS INC.
FOR THE WATER TREATMENT PLANT
Item Before Commission:
City Commission is requested to approve payment to Pristine Water Solutions Inc. for the shipment of the
most recent order for poly phosphate for a total amount of $28,980.
Background:
Pristine Water Solutions is our current vendor for the purchase of poly phosphate based on pricing from
previous quotes received by Purchasing.
After the most recent order was received, it was discovered that the contract with Pristine Water Solutions
Inc. had expired.
The Manager of the Water Treatment Plant recommends payment to Pristine Water Solutions Inc. for the
total amount of $28,980 per attached invoice dated January 22, 2007 for the most recent order placed with
Pristine Water Solutions and the Water Treatment Plant will be working with Purchasing Staff to re-bid
this product in the near future.
Recommendation:
Staff recommends payment to Pristine Water Solutions Inc. per attached invoice dated January 22,2007
for the total amount of $28,980. Funding from account code 441-5122-536-52.21.
Attachments:
Memo From Manager Water Treatment Plant
Memo From PVS Technologies
g.vV
02/02/2007 15:41 FAX 561+243+7316
DELRAY WATER TREATMENT
141 000110002
City Of Delray Beach
Department of Environmental Services
MEMORAN
D
u
M
www.de/rayesd.com
TO: Jackie Rooney, Purchasing Supervisor
FROM: John M. Bullard, Manager W.T.P. {fJ
SUBJECT: POLY PHOSPHATE
DATE: February 2,2007
The Water Treatment Plant orders three shipments per year of Phosphate from Pristine
Water Solutions, Inc. at a cost of$28.980.00 for each shipment.
The first order of the fiscal year was placed in January. After the shipment was delivered, we
realized that the third year of the contract had expired on November 11 th 2006. When notified of
this, Pristine Water Solutions, Inc. sent a letter agreeing to hold the current price for one year, and
not exceeding a 5 cents per pound increase in the second year.
Considering the circumstances, City Manager, David Harden, has recommended that we go out to
bid for Phosphate and we are initiating that process.
In the meantime, we are requesting approval to pay the $28,980 for the shipment of Phosphate
which we have received.
jrnb/gpi
7131
01/05/07
INVOICE NO
III
CORPORATION
~NlJMBfiR. OROER DATE
00638(
PAGE
REQ. It 131406
SOLD
TO:
CITY OF DELRAY BEACH
100 NORTHWEST FIRST AVENUE
DEL RAY BEACH FL 33444 .
FL 33444
840 lMP4020050B
AQUADENE MP4020-50U B EA
34.50
28.,980.00
ALL CORRESPONDENCE 0 JOHN BULLARD. 9/02
,..
RECE\\I d
~ .IAN 2 5 2001
~\ccQU~)l\y~fb ~
~
.'
See reverse for Terms and Conditions of Sale
. ORIGINAL INVOICE
PLEASE REMIT
IN U.S. DOLLARS
PLEASE PAY
THIS AMOUNT
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CIlY MANAGERtJft1
SUBJECT: AGENDA ITEM ~ . <t. X - REGULAR MEETING OF FEBRUARY 6.2007
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
FEBRUARY 2, 2007
Attached is the Report of Appealable Land Use Items for the period January 16,2007 through February
2, 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\apagmemo020607.doc
TO:
FROM:
DAVID T. HARDEN, CITY ~NAGER
PAUL DORLlNG, AICP ~ ~ ~
DIRECTOR OF PLANNING A~ZONI17 /'li~'..
JASMIN ALLEN, PLANNER Y~/~""" ~
MEETING OF FEBRUARY r/2007 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS JANUARY 16, 2007 THRU
FEBRUARY 2, 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 16, 2007 through February 2,2007.
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 appealable items were considered by the Board. The following items which were considered
by the Planning and Zoning Board will be forwarded to the City Commission for action.
· Recommended approval (6 to 0, Deborah Dowd absent) of a City initiated rezoning from MIC
(Mixed Industrial and Commercial), PCC (Planned Commerce Center), pac (Planned Office
Center), PC (Planned Commercial), and CF (Community Facilities) to MROC (Mixed
Residential Office and Commercial) for the area bounded by West Atlantic Avenue on the
north, the C-15 canal to the south, 1-95 transportation corridor on the east and generally
Congress Avenue on the west together with the Congress Park, Congress Park South and the
Office Depot complexes, located just west of Congress Avenue.
· Recommended denial (5 to 1, Chuck Halberg dissenting), of a conditional use request to allow
a density in excess of 30 dwelling units per acre (37.53 units per acre proposed) for 135, 145
and 169 SE 6th Avenue, a proposed 28 unit residential condominium located on the east side
of SE 6th Avenue, between SE 1 sl Street and SE 2nd Street.
· Recommended approval ( 5 to 1, Mark Krall stepped down), of a privately initiated amendment
to the Land Development Regulations (LDRs), Article 4.7, "Family Workforce Housing,"
Section 4.7.9 "General Provisions," to allow one bedroom units in the Workforce Housing
Program.
City Commission Documentation
Appealable Items Meeting of February 6, 2007
Page 2
· Recommended approval (6 to 0) of a combined preliminary/final plat for S.W. 14th Avenue
Townhomes, a proposed 24 lot townhouse subdivision located on the east side of SW 14th
Avenue, between SW 1st Street and SW 2nd Street.
· Recommended transmittal (6 to 0), of the ORC (Objections Response and Comments) Report
for Comprehensive Plan Amendment 2007-1
A. Denied (5 to 0, Connor Lynch and Shane Ames absent), a request for an exception to the
master sign program for proposed flat wall signs for Gamestop, located within Plaza at Delray
at the northwest corner of Linton Boulevard and South Federal Highway (1532 South Federal
Highway).
B. Approved (5 to 0), a request for a color and roof material change for the pool cabana at East
Wind Beach Club, Inc. located on the west side of Ocean Boulevard, north of East Atlantic
Avenue (150 North Ocean Boulevard).
C. Approved (5 to 0), a Class I site plan modification associated with architectural elevation
changes, which involves upgrading the front fayade for Wal-Mart, located on the west side of
Military Trail, south of Linton Boulevard (16208 South Military Trail).
D. Approved (5 to 0), a Class V site plan, landscape plan and architectural elevations for Atlantic
Tradewinds, a proposed mixed-use development containing 45 residential units, 720 sq. ft. of
office area and 545 sq. ft. of retail area, located at the south east corner of SE 1st Avenue and
SE 3rd Street (301 SE 1st Avenue). Concurrently, the Board approved the following waivers:
· Reduced the required five (5') feet landscape strip between the off street parking and the
abutting property to 1'-10" for the eastern portion of the car parking area of the south
building.
· Reduced the required stacking distance from 50' to 44' for SE 1st Avenue; and from 50'
to 10' for SE 3rd Street.
· Reduced the sight visibility triangles from 20' to 5' and from 20' to 13' for the parking
garage entrance along SE 1st Avenue; and from 40' to 29' at the intersection of SE 1st
Avenue and SE 3rd Street.
· Reduced the required parking spaces pursuant to LDR Section 4.6.9(C)(2)(c) by 2
spaces (from the 107 parking spaces required to the 105 parking spaces provided),
based on LDR Section 4.6.9(F)(1), which allows a parking reduction upon receipt and
acceptance of special documentation that demonstrates a reduced number of parking
spaces will accommodate a specific use.
No Regular Meeting of the Historic Preservation Board was held during this period.
By motion, receive and file this report.
Attached: Location Map
CI7Y OF DELRAY BEACH, FLORIDA
City Commission Meeting -
FEBRUARY 6, 2007
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SPRAB
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B. EAST WIND BEACH CLUB, INC.
C. WALMART
D. ATLANTIC TRADEWINDS
ONE MILE
GRAPHIC SCALE
CITY OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
FEBRUARY 2007
- - DIGITAL BASE IMP SYSTEM --
...-
MEMORANDUM
FROM:
LAR MEETIN
F FEBRUARY
TO:
SUBJECT:
DATE:
FEBRUARY 2, 2007
This is before the City Commission to approve the award of the following bids:
1. Contract award to Rangeline Tapping Services, Inc. in the amount of $50,000.00
for performing four (4) emergency line stops relating to the removal and
realignment of waters mains from under the footprint of the new Environmental
Services Department building and parking area. Funding is available from 442-
5178-536-63.50 (Water/Sewer Renewal and Replacement Fund/Water Mains).
2. Contract award to West Construction, Inc. in the amount of $2,113,603.92 for the
construction of the Mangrove Park Project. Funding is available from 334-4174-
572-63.90 (General Construction Fund/Other Improvements).
3. Purchase award to Dell Computer Corporation in the amount of $29,856.75 for
purchase of twenty-five (25) desktop computers with customer software image.
Funding is available from 334-6112-519-64.11 (General Construction
Fund/Computer Equipment).
4. Purchase award to Embroidered Products in the amount of $27,907.00 for the
purchase of uniforms for shift personal. Funding is available from 001-2315-526-
52.22 (General Fund/Uniforms/Linen Service).
Recommend approval of the above bids and purchases.
S:\City Clerk\AGENDA COVER MEMOS\Bid Agenda Memos\2007 Bid Memos\BID Memo 020607.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeach.com
FROM:
David T. Harden, City Manager r/./7/Z.
~7/
Victor Majtenyi, Deputy Director of Public UtilitIes
TO:
SUBJECT:
ESD FACILITY, EMERGENCY LINE STOPS (pIN 2005-049)
Contract Award to Rangeline Tapping Services, Inc.
DATE:
January 30, 2007
Attached for City Commission approval is a contract award to Rangeline Tapping Services, Inc. in the
amount of $50,000.00 for performing four emergency line stops relating to the removal and
realignment of waters mains from under the footprint of the new ESD building and parking area.
On January 18th, 2006, the Water Network Division, with assistance from the in-house Construction
Division, proceeded with the removal and realignment of waters mains from under the new building's
footprint and parking area. To accomplish this work, the flows in the work area needed to be
isolated. We estimated the need for a 16" line stop in conjunction to closing an existing valve on a
20" main. At the commencement of work, the valve on the existing 20" main broke, resulting in a
major leak. The 20" line stop needed to shut the flow to make the repair on the valve proved
ineffective; it could not seat itself properly due to high flow from the plant. Two additional line
stops, for a total of four, were required to completely isolate the work area. Rangeline representatives
were at the site for 36 continuous hours.
Attached is an invoice from Rangeline Tapping Services, Inc. in the amount of $50,000.00 to install
four emergency line stops on waters mains at the ESD Facility. Funding is available from account
#442-5178-536-63 .50, Water and Sewer Renewal & Replacement Fundi Water Mains, after a budget
transfer.
cc: Richard Hasko; Director of ESD
Scott Solomon; Manager Water and Sewer Network
City Clerk's Office
Agenda File 09-05-06
File: PIN 2005-049
S:\EngAdmin\Projects\2005\2005-049\OFFICIAL\Emerg Rpr Line Stops Agenda Memo 02.06.07.doc
5.Y.l
_~_r,.
,. ~ fJ
.y.
I
RANGELINE
Invoice
TAPPING SERViCES. INC. . liNE STOP SERVICES
Rangeline Tapping Services Inc.
P.o. Box 210155
Royal Palm Beach, FL 33421-0155
Ph 1-800-346-5971 Fax 561-798-2113
DATE
1/20/2007
INVOICE #
21163
City of Delray Beach
434 S Swinton AVE
Delray Beach, FL 33444
P.O. NO. I
JOB NAME
TERMS
Net 30
EMERGENCY LINE STOP
ITEM QUANTITY DESCRIPTION RATE
20 S... Three 20" SINGLE LINESTOPS EMERGENCY
SCHEDULE
16 S... One 16" EMERGENCY RE-STOP FOR A TOTAL OF 50,000.00
RANGELINE WAS ONSlTE FROM 1-18-07 AT 4:00 PM
THRU 1-20-07 AT 3:00 AM
Thank You For Your Business.
T atal
AMOUNT
50,000.00
$50,000.00
AGENDA REQUEST
Agenda Item No.: <2. V I
DATE*~f~iOOI
Request to be placed on:
-L Regular Agenda
_ Special Agenda
_ Workshop Agenda
f.ehfUkt'Lf tf.,Z()O 1
WHEN: SSl3tefflBer 6, 28ee
Description of item (who, what, where, how much):
Request approval of a contract award in the net amount of $50,000 to Rangeline Tapping Services Inc.
Rangeline performed four emergency line stops relating to the removal and realignment of waters mains
from under the footprint of the new ESD building and parking area.
Funding will be available from account #442-5178-536-63.50, Water and Sewer Renewal and
Replacement Fund/ Water Mains.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the contract award to Rangeline Tapping Services,
Inc. in the amount of $50'(2000 O.
Department Head } ~ Ll(l ~ /7
Signature: ~L-..kL~ 1-31-'0;
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding availabl~;:J,o {/1;
Funding alternat~'1 (if applicable) "
Account No. & Description See above litl~ 5/?t- S- 510, ts--5D uJalLv H~3
Account Balance See above c51 I Z 7 cz,\?(,{ </A.~.b/2-r--
City Manager Review: m 01
Approved for agenda: ~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\ProjectsI200512005-049\OFFICIAL\Emerg Rpr Line Stops Agenda Req 02.06.07.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.MyDelrayBeach.com
DATE:
David T. Harden, City Manager ~
Bob Diaz, Construction Ma~
January 30, 2007
TO:
FROM:
SUBJECT:
Mangrove Park, Project # 2001-007
Commission Agenda Item
Attached is an Agenda Request for City Commission to approve and award a contract to West
Construction, Inc. for the construction of Mangrove Park. The work generally consists of clearing
and grading of the existing site, construction of a two-slip boat ramp, partial seawall and existing
seawall repairs, associated parking and paved drives, a new restroom facility, site amenities,
landscaping and irrigation.
Bids for this project opened on Thursday, December 21, 2006. Three bids were received, and the
apparent low bidder was West Construction, Inc. with a bid of $2,113,603.92. Bid tabulation
attached for your reference (Schedule "A").
Staff recommends City Commission award a contract to West Construction, Inc. in the
amount of $2,113,603.92 for the Mangrove Park project, PIN 2001-007.
Funding is available from account # 334-4174-572-63.90 General Construction Fund
Please place this on the February 6, 2007 Commission Agenda.
cc: Richard Hasko, P.E., Director of Environmental Services
Randal Krejcarek. P.E., City Engineer
Rafael Ballestero, Deputy Director of Construction
Carolanne Kucmerowski CMT Engineering
City Clerks Office
Agenda File, February 6, 2007
Project File, 2001-007(E)
S:\EngAdmin\Projects\200 1 \200 l-007\OFFICIAL\ West agenda memo 02-06-07.doc
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Date: January 30.2007
AGENDA ITEM NUMBER:~' Z
G,t!J?'e
,. ,,:",:...,:,';,:'>
''''''',,^' ,
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AGENDA REQUEST
Request to be placed on:
_Consent Agenda _X_Regular Agenda _ Workshop Agenda _Special Agenda
When:
February 6.2007
Description of Agenda Item (who, what, where, how much):
Attached is an Agenda Request for City Commission to approye and award a contract to West Construction,
Inc. for the construction of Mangrove Park.
Bids for this project opened on Thursday, December 21,2006. Three bids were received, and the apparent low
bidder was West Construction, Inc. with a bid of $2, 113 ,603 .92
Staff recommends City Commission award a contract to West Construction, Inc. in the amount of
$2,113,603.92 for the Mangrove Park project, PIN 2001-007.
Funding is available from account # 334-4174-572-63.90 General Construction Fund
Staff Recommendation:
~,~IZ
I
Department Head Signature:
1- 30-- ~7
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available:~o Initials: td- See above
Account Number See Above 3~t/- t/f;:;; S7Z . t3- ;10
Description See Above ~ _rz;y~.s
Account Balance: See Above
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: ~o Initials: ov1
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\200 I \200 I-007\OFFIClAL\ West agenda REQ 02-06-07.doc
MEMORANDUM
From:
David T. Harden, City Manager
'7
. Guy G. Buzzelli, CIO f13
Joe M. safforffiector of Finance
To:
Through:
Subject:
Date:
Dell Order for Twenty-five Replacement PC's
January 25, 2007
Item Before Commission:
In an effort to save money and streamline installation of desktop PC's from the R&R
account the Information Technology Division (IT) is requesting the purchase of twenty-
five (25) replacement PC's from Dell at one time.
Currently we have been purchasing our desktop PC's a few at a time and installing the
necessary software. By purchasing in volume the Dell PC's with our software image
already installed will save the City money and the IT Division time, resulting in a faster
and less expensive deployment of the desktop PC's.
The PC systems are available from Dell Computer Corporation for a total cost of
$29,856.75 including a three (3) year extended warranty and ground shipping per quote
#339403393, dated 12/2912006, Florida State IT Contract # 250-000-03-01 pricing.
Funding to cover the cost is from account: 334-6112-519-64-11
Please forward this information to the City Commission for their review and approval.
Attachments: Dell Quote # 339403393
cc: Ed Del Portillo, Project Manager/LAN
?;. y. 3
.1 Q.l:;\;; .1 U.l ~
DELL
QUOTATION
Date: 12/29/06 2:09:08 PM
QUOTE #:
Customer #:
Contract #:
CustomerAgreement #:
Quote Date:
Customer Name:
339403393
1015934
90231
250-000-03-1
12/29/06
CITY OF DELRA Y BEACH
TOTAL QUOTE AMOUNT: $29,856.75
Product Subtotal: $29,856.75
Tax: $0.00
Shipping & Handling: $0.00
Shipping Method: Ground Total Number of System Groups: 1
GROUP: 1 1 QUANTITY: 25 SYSTEM PRICE: $1,186.021 GROUP TOTAL: $29,650.50
Base Unit: OptiPlex 745 Minitower,Core 2 Duo E6400/2.13GHz,2M,1066FSB (222-5690)
Memory: 2.0GB,Non-ECC,533MHz DDR2 2x1GB,OptlPlex 210L (311-5650)
Keyboard: Dell USB Keyboard,No Hot Keys Engllsh,Black,Optlplex (310-8010)
Monitor: Dell UltraSharp 1907FP Flat Panel with Height Adjustable Stand,19.0 Inch VIS,OptiPlex
Precision and Latitude (320-4566)
Video Card: Integrated Video,GMA3000,Dell OptlPlex 745 (320-5169)
Hard Drive: 160GB SATA 3.0Gb/s and 8MB Data Burst Cache, Dell OptlPlex320 and 745 (341-4216)
Floppy Disk Drive: 3.5Inch,1.44MB,Floppy Drive Dell OptiPlex 320 and 745 Desktop or Mlnitower (341-3840)
Operating System: FreeDOS OS Installation CD Dell OptiPlex 320, 740 and 745 (420-6353)
Mouse: No mouse selected on your OptiPlex system (310-3553)
TBU: RoHS Compliant Lead Free Chassis and Motherboard,Dell OptiPlex (464-1131)
CD-ROM or DVD-ROM Drive: 16X DVD+/-RW SATA,Black,Roxio Creator Dell Edition,Data OnlyDell OptiPlex 745 Desktop or
Minitower (313-4386)
Speakers: Internal Chassis Speaker Optlon,Dell OptiPlex Mlnitower (313-3350)
Documentation Diskette: Resource CD contains Diagnostics and Drivers for Dell OptiPlex n-Series Systems (313-1893)
Gold Technical Support ServiceOptiplex, 3 Years, 1-866-876-3355 (DELL) (960-
Service:
2692)
Service: Type 3 Contract -Next BusinessDay Parts and Labor On-Site Response, 2YR Extended (970-
8862)
Service: Dell Hardware Warranty Plus Onslte Service, Extended Year (985-2498)
Service: Type 3 Contract -Next BusinessDay Parts and Labor On-Site Response, Initial Year (980-4900)
Service: Dell Hardware Warranty Plus Onsite Service, Initial Year (985-2497)
Service: PUB, OptiPlex 3YR Info (983-6648)
Installation: Standard On-Site Installation Declined (900-9987)
Mise: Mouse Pad (310-3559)
Mise: PS2 Serial Port Adapter,Full Height,Dell OptiPlex 740,745 and GX620 Desktop or Minitower
(310-6618)
You have chosen a FreeDOS System (310-8325)
Asset Recovery, Program Managed, QTY 1 Value Recover, 4YR (981-5218)
Asset Recovery, Program Managed, QTY 1 Value Recover, 4YR (981-5218)
Type 14 - Keep Your Hard Drive, 3 Years (960-2597)
.f;l.../I{"'.\n"'''"n'\..nt" ",nrl l;;:pttlnoc;:\tiplnnrti11\T .()~}l1 Settlnl?s\Temnorarv Internet Files\OLK2... 1/25/2007
ri:1gc L. Ul L.
CFI,lntegration Service, Custom Image Install Fee (365-1201)
CFI Routing SKU (365-0257)
SOFTWARE & ACCESSORIES
Product Quantity Unit Total
Price
Dell USB 2-Button Optical Mouse with Scroll,RoHS Compliant,Black,Optiplex/ 25 $8.25 $206.25
Preclsion/Latitude,Custom (310-8007)
Number of S & A Items: 1 S&A Total Amount:
$206.25
SALES REP: Barbara Harber PHONE: 1-800-981-3355
Email Address: Barbara harber@dell.com Phone Ext: 7243012
For your convenience, your sales representative, quote number and customer number have been
included to provide you with faster service when you are ready to place your order. You may also
place your order online at www.dell.com/quote
Unless you have a separate agreement with Dell, the terms and conditions found at
http://ftpbox.us.dell.comlslg/resellers/resellertcs.htm shall govern the sale and resale of the Products and
Services referenced in this quotation.
Prices and tax rates are valid in the U.S. only and are subject to change.
**Sa/es/use tax Is a destination charge, I.e. based on the "shlp to" address on your purchase order.
PI~as~inqlt;;fttQ YQM[ti!Jf~PJJltYst<J1LlS_9JlJ/J)J!.LF'J}.' If exempt, please fax exemption certificate to
Dell Tax Department at 512-283-9276, referencing your customer number.
" you have any questions regarding tax please call 800-433-9019 or emaH
Tax_Department@dell.com. -
All product and pricing information is based on latest information available. Subject to change without
notice or obligation.
LCD panels in Dell products contain mercury, please dispose properly.
Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal
options at US_Dell_ARS_Requests@dell.com. Minimum quantities may apply.
Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be
applied to your invoice as early as Jan 1,2005. Prices in your cart do not reflect this fee. More Info: or
refer to URL www.dell.comlenvironmentalfee
.l:':lMIlr'.\nMn~""...+co ......A ~",H;n....,\Apl1'V\rtm\T r.rSlI ~pttlnoc;:\TemnoTarv Internet Files\OLK2... 1/25/2007
AGENDA ITEM NUMBER:
'6.1-3
AGENDA REQUEST
Date: 1-25-07
Request to be placed on:
X Consent Agenda
Special Agenda
Workshop Agenda
When:
2-06-07
Description of agenda item: Approval to purchase twenty-five (25) desktop PC's with
customer software image installed from Dell Computer Corporation in the amount of $29,856.75
with funding coming from the Renewal & Replacement Fund account# 334-6112-519-64-11.
Florida State Contract #250-000-03-01 pricing.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
Recommendation: Approval is recommended by Finance Director and CIO.
Department Head Signature: ~ S~ r-~
Determination of Consistency with Comprehensive Pia:: N/>--
City Attorney Review/Recommendation (if applicable): N/A
Budget Director Review
(required on all items involving expenditure of fUndS):. 'L \
~I~~ o~
Funding available: Yes No
*Once attached budget transfers have been processed. Financing will be obtained for the total
purchase price.
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
6)
~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.o.#
FEB. 2.2007 1:46PM
NO. 669 P.2
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FIRE.RESCUE DEPARTMENT
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SERVING DEl-RAY BEACH · GULF STREAM · HIGHLAND BEACH
P~lRAV BEACH
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A11-Amertoa Cily
1111 I!
1~~~ MEMORANDUM
TO: David Harde~ City Manager
FROM; Kerry B. Koen, Fhe Chief
DATE: FebruatY 2,2007
SUBJECT: Uniform Purchase
This letter is a request for approval for the Delray Beach Fire-Rescue Department
to purchase unifonns for shift personnel from Embroidered Products on Requisition
#131598 in the amount of $27,907.00 from account #001..2315..526-52-22.
The prices on these uniforms are as follows:
Polo Uniform Shirts - $22.95
LIS Mock Turtleneck Uniform Shirt.. $20.95
Workout Shorts. $9.45
Workout Shirts . $9,35
Denim Hats. $8.25
Twill Hats - $9.85
Please fmd enclosed a copy of pllI'chase requisition and letter from Embroidered
Products.
\(~ ~L
Kerry B. Koen
Fire Chief
~
KBK/cls
FIRE.RESCUE DEPARTMENT HEADQUARTERS. S01 WEST ATLANTIC AVENue · DELRAV BEACH. FLORIDA 33444.2656
(561) 243-7400. FAX (561) 243.7461
printed em Rec;y/;/ed Pepsr
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Date: January 30. 2007
AGENDA ITEM NUMBER:
<6. ~ i
AGENDA REQUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: February 6. 2007
Description of agenda item (who, what, where, how much):
Approval to purchase uniforms for shift personnel from Embroidered Products on
Requisition #131598 in the amount of $27.907.00 from account #001-2315-526-52-22.
Recommendation: Approve the recommended purchase.
\(~~ ~ 1 ~.L
Department Head Signature:
,
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~~NO Initials: ,"X:;f;
AccountNumber 00/.-25/5 -5Z~. 52 ' 22-
Description () fl / for- rnS / lt~ ilrv; LL
Account Balance: ~ 17, 50? JA,{. ~ //J( hR.~"L.../J
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agemkt!JIl No loitiak ~
Hold Until:
Agenda Coordinator Review:
Received:
~
TO:
THRU:
FROM:
SUBJECT:
MEETING OF FEBRUARY 6, 2007
CONDITIONAL USE REQUEST TO ALLOW A DENSITY IN EXCESS OF 30 UNITS
PER ACRE (37.53 DUlAC PROPOSED) IN THE CENTRAL BUSINESS DISTRICT.
THE REQUEST IS IN CONJUNCTION WITH 135, 145, AND 169 S.E. 6TH AVENUE
PROJECT, A PROPOSED 28-UNIT RESIDENTIAL DEVELOPMENT LOCATED ON
THE EAST SIDE OF SE 6TH AVENUE, APPROXIMATELY 200' SOUTH OF SE 1ST
STREET.
The proposal involves a 0.746 acres site which is Lots 16, 17, 18, 19, and 20, Block 118, Delray, Florida,
as recorded in Plat Book 2, page 8, of the public records of Palm Beach County. Existing development
on the properties includes a one-story 1,003 sq. ft. retail store building, built in 1951; a 3,336 sq. ft. three
(3) unit multiple family building; and a 0.45 acre vacant lot where a 1,500 sq. ft. service station formerly
operated. All structures are to be demolished. The conditional use request is associated with the
establishment of a 28-unit residential development, known as 135, 145, and 169 S.E. 6th Avenue, in a
four-story residential building with a 84-space parking garage on the ground floor and basement. The
development will also include the installation of swimming pool, deck, meeting and game room, and
restrooms located on the 4th floor of the building.
As mentioned previously, there are 28 dwelling units proposed within the subject property (0.746 acres).
This equates to an overall density of 37.53 dwelling units per acre. This represents a total of six (6) units
above those allowed at thirty units per acre, and of the 6 units, 2 will be workforce units. The applicant
has indicated that residential unit #10 and #13 will be workforce housing units and will be available for low
to moderate income families. During the public hearing residents from the adjacent Marina District
expressed concerns that this development was not compatible with the District. The applicant re-designed
the project to try to address this issue. This included the creation of fayades that are consistent with the
Mediterranean style of architecture facing the historic district (east side). This design provides relief of
building mass by using a diversity of roof lines at different heights with a combination of hip roofs and
shaped parapets at different height intervals. This provides a variation in design; and adds visual interest
to the east and west elevations. In addition to the step backs and offsets provided, the architectural
elevations of the structure also incorporate diversity in color, window and door shapes, multiple covered
and uncovered balconies, decorative balcony railings, and stucco banding. The proposed development
generates a well designed architectural product that mimics the existing influence from Mediterranean
architecture that prevails in the Marina Historic District. A detailed description and analysis of the
proposal is contained within the attached Planning and Zoning Board staff report of November 21, 2005.
The development proposal meets six out of the eight (8) performance standards outlined in LDR Section
4.4.13(1). Given this level of achievement with the performance standards it is appropriate to grant the
small increase in density. Further, the provision of additional residential dwelling units within the
downtown area will contribute to the long term revitalization and stabilization of the CBD.
At its meeting of January 22, 2007, the Planning and Zoning Board held a public hearing in conjunction
with the conditional use request. Presentations were made by staff and the applicant. There was public
testimony from several residents that live in the adjacent Marina District. Residents concerns evolved
around compatibility with the existing development pattern in the Marina Historic District, massing of the
building, noise, and traffic increase and congestion. After significant discussion the majority of the Board
agreed with the residents and shared their concern over the compatibility of the development proposal
with the Marina District. The Board recommended denial of the conditional use request on a 5-1 vote q n
City Commission Documentation: Meeting of February 6, 2007
Conditional Use - Atlantic Shores
Page 2
(Chuck Halbert dissenting), based on incompatibility with the pattern of development and incompatibility
of the massing of the proposed of structure with the Marina District.
The Staff recommendation differs from the recommendation of the Planning and Zoning Board as we feel
the increase in density is supportable given the level of compliance with the required performance
standards (6 out of 8) which must be met to approve an increase in density. Therefore we recommend
approval of the conditional use request to allow for a density in excess of 30 units per acre (37.53 du/ac)
for 135,145 & 169 S.E. 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 the Comprehensive Plan and meets
criteria set forth in Sections 2.4.5(E) (5), 4.4.13(1), and Chapter 3 of the Land Development Regulations
subject to the conditions of approval stated in the Planning & Zoning Board staff report.
Attachment: Planning and Zoning Board Staff Report of January 22, 2007
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR 135,145 AND 169 SE 6TH AVENUE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1 . This conditional use request has come before the City Commission on
February 6, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for 135 SE
6th Avenue. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes No
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
II. LOR REQUIREMENTS:
a. LOR Section 2.4.5(E) Reauired Findinas: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes No
b. PERFORMANCE STANDARDS FOR DENSITY INCREASE:
Does the applicant meet the requirements set forth in Section 4.4.13(1)
(attached hereto) to allow the density in excess of 30 dwelling units per acre to
37.53 dwelling units per acre?
Yes
No
c. Consistency with Article 4.7 (Workforce Housina): Is the development
consistent with and does it meet the criteria set forth in Article 4.7 (Workforce Housing)
of the LOR's in order to allow the applicant a density bonus?
Yes
No
If you answered "yes", what is the amount of the density bonus?
dwelling units per acre
The total density, based upon (b) and (c), is
dwelling units per acre.
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the conditional use request was submitted.
2
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves _
denies _ the conditional use request subject to conditions on Page 6 of the Staff
Report and hereby adopts this Order this 6th day of February, 2007, by a vote of
in favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
3
LOR Section 4.4.13(1)
(I) Performance Standards These standards shall apply to all applications
for new development and modification of existing developments which would result in a
density greater than thirty (30) dwelling units per acre in the Commercial Core or twelve
(12) units per acre in the West Atlantic Neighborhood.
(1) The maximum permissible density of a particular project will be
established through the conditional use process, based upon the degree to which the
development complies with the performance standards of this section, the required
findings of Section 2.4.5(E), and other applicable standards of the comprehensive Plan
and Land Development Regulations. Notwithstanding the above, the approving body
may deny an application for increased density where it is determined that the proposed
project is not compatible in terms of building mass and intensity of use with surrounding
development.
(2) The applicable performance standards for development exceeding twelve
(12) units per acre within the West Atlantic Neighborhood or thirty (30) units per acre
within the Central Core are as follows:
(a) The development offers variation in design to add interest to the
elevations and relief from the building mass. Building elevations
incorporate several of the following elements: diversity in window and
door shapes and locations; features such as balconies, arches,
porches; and design elements such as shutters, window mullions,
quoins, decorative tiles, or similar distinguishing features.
(b) If the building includes a parking garage as an associated structure or
within the principal building, the garage elevation provides unified
design elements with the main building through the use of similar
building materials and color, vertical and horizontal elements, and
architectural style. Development of a portion of the ground floor
perimeter adjacent to street rights of way is devoted to window displays
or floor area for active uses such as retail stores, personal and
business service establishments, entertainment, offices, etc., is
encouraged.
(c) A number of different unit types, sizes and floor plans are available
within the development. Two and three bedroom units are encouraged,
as are a combination of multi-level units and flats. In projects
consisting of more than twelve (12) dwelling units, the proportion of
efficiency or studio type units may not exceed 25% of the total units.
there is no maximum percentage established for projects having twelve
(12) or fewer units, however, a mix of unit types and sizes is
encouraged.
4
(d) The project design shall create an overall unified architectural character
and image by the use of common elements between the building(s),
parking lot, and landscaping. Examples of some features that could be
incorporated to meet this standard are: freestanding light poles and
exterior light fixtures that are decorative and consistent with the
architectural treatment of the building(s); pedestrian amenities such as
benches, shaded walkways, and decorative pavement treatment, that
are similar in forms, colors, materials, or details as the architecture of
the building(s); focal points such as public art, water feature/fountain,
courtyard or public plazas designed to connect different uses along a
continuous pedestrian walkway; or a combination of similar features
that meet the intent of this standard.
(e) The development provides common areas and/or amenities for
residents such as swimming pools, exercise rooms, storage rooms or
lockers, covered parking, gardens, courtyards, or similar areas and/or
amenities.
(f) The development promotes pedestrian movements by providing
convenient access from the residential units to the public sidewalk
system. Pedestrian areas adjacent to the building are enhanced by
providing additional sidewalk area at the same level as the abutting
public sidewalk. Accessways to parking areas are designed in a
manner that minimizes conflicts between vehicles and pedestrians.
The public street or streets immediately adjacent to the development
are enhanced in a manner that is consistent with the streetscape in the
downtown area (Le., installation of landscape nodes, extension of
existing paver block system, installation of approved street lighting,
etc.).
(g) The development provides opportunities to share parking, accessways,
driveways, etc., with adjoining properties, or provides additional parking
spaces that may be used by the public.
(h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, N.E. 1st
Street, or S.E. 1 st Street contain nonresidential uses on the ground
floor. At least seventy-five percent (75%) of the surface area of the
front street wall(s) at the ground floor of each such building is devoted
to display windows_and to entrances to commercial uses from outside
the building.
(i) The landscape plan for the development preseNes and incorporates
existing native vegetation (where available), provides new landscaping
that is in excess of minimum standards (in height and quantity),
demonstrates innovative use of plant material, improves site design,
provides useable open space or public plazas, and maximizes available
5
areas for pedestrian interaction. If necessary to achieve this standard,
the project may exceed the maximum setback area on the ground floor.
(3) It is acknowledged that it may not be possible for projects which
involve the modification of existing structures to comply with many of the above
referenced standards. For those types of projects, the ultimate density should be
based upon compliance with those standards which can be reasonably attained, as well
as the project's ability to further the goal of revitalizing the central business district (i.e.,
adaptive reuse of older structures and the provision of housing in close proximity to
employment opportunities and services).
6
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
January 22, 2007
IV.B.
Conditional Use Request to Allow a Density in Excess ot 30 Units Per Acre (37.53
du/ac Proposed) tor a Residential Development within the Central Business
District (CBD), located at 135, 145 & 169 S.E. 6th Avenue (Quasi-Judicial
Hearing).
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GENERAL DATA:
Owner/Applicant............. Delray Townhomes LLC
Agent............................. Elias Mitran/Gustavo Carbonell
Location......................... East Side ot SE 6th Avenue, South
ot SE 1st Street (135, 145 & 169
S.E. 6th Avenue)
Property Size................. 0.746 Acres
Future Land Use Map.... Commercial Core (CC)
Current Zoning............... Central Business District (CBD)
Adjacent Zoning North: Central Business District (CBD)
South: Central Business District (CBD)
East: Residential Medium Density (RM)
West: Central Business District (CBD)
Existing Land Use.......... Gas Station and Retail Buildings.
Proposed Land Use....... Multiple Family Residential
Water Service................ Water service is available via
service lateral connections to an
existing 6" water main within the
east alley right-ot-way.
Sewer Service................ Sewer service is available via
service lateral connections to an
existing 8" sanitary sewer main
within the east alley right-ot-way.
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IV. Bo
The action before the Board is making a recommendation to the City Commission on the
conditional use request for 135,145 & 169 S.E. 6th Avenue to allow a density exceeding 30
dwelling units per acre (37.53 du/ac proposed) in the Central Business District (CBO) [LOR
Section 4.4.13(0) (14)] pursuant to Land Development Regulations (LOR) Section 2.4.5(E).
The request is in conjunction with 135,145 & 169 S.E. 6th Avenue, a proposed residential
development located on the east side of SE 6th Avenue, approximately 200' south of SE 1st
Street.
The proposal involves a 0.746 acres site which includes Lots 16, 17, 18, 19, and 20, Block 118,
Oelray, Florida, as recorded in Plat Book 2, page 8, of the public records of Palm Beach County
Existing development on the properties includes a one-story 1,003 sq. ft. retail store building,
built in 1951; a 1,344 sq. ft. three (3) unit multiple family building; and a 0.45 acre vacant lot
where a 1,500 sq. ft. service station formerly operated. All structures are to be demolished with
the development proposal.
A conditional use application has been submitted for an increase in density to 37.53 units per
acre. This conditional use application is now before the Board for consideration.
The development proposal incorporates the following:
o Construction of a. four-story residential building with a 84-space parking garage on the
ground floor and basement; and residential dwelling units on the first, second, third, and
fourth floor (28 dwelling units in total);
o Installation of swimming pool, deck, meeting and game room, and restrooms located on the
4th floor of the building;
o Installation of a loading area located to the east side of the property along the alley;
o Installation of sidewalk, bicycle parking facility, and associated landscaping.
REQUIRED FINDINGS (Chapter 3):
Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body, which has the authority to approve or
deny the development application. These findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district
and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC)
and a zoning designation of CBO, which are consistent with one another. Pursuant to LOR
Section 4.4.13(0) (14), multiple-family dwelling units, excluding duplexes, are permitted through
the conditional use approval process at a density greater than 30 units per acre on property
located south of NE 2nd Street and north of SE 2nd Street, subject to the performance standards
and limitations of LOR Section 4.4.13(1). As discussed later in this report, positive findings can
Planning and Zoning Board Staff R\.. _ rt: Meeting - January 22, 2007
Conditional Use Request to Increase Density for 135,145 & 169 S.E. 6th Avenue
be made with respect to the referenced performance standards; thus positive findings can be
made with respect to FLUM consistency.
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.
Drainaoe: Preliminary engineering and drainage plans were submitted with the proposed
development. It appears that drainage will be accommodated via floor drains on the two levels
of the parking garage that then drain to an exfiltration trench system located along the east
alley. There appears to be no problems anticipated in accommodating on-site drainage;
however, the Engineering Department does have technical comments regarding drainage that
will need to be addressed at the time of site plan approval. Based upon the above, positive
findings with respect to this level of service standard can be made.
Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive
Plan indicates in its' conclusion that "The City will have sufficient recreation facilities at build-out
to meet the adopted standards". A park impact fee is collected to offset any impacts that the
project may have on the City's recreational facilities. Pursuant to LOR Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for
each unit. A total fee of $14,000.00 will be required of this development for parks and
recreation purposes.
Solid Waste: The proposed 28 dwelling units will generate a total of 14.56 tons of solid waste
per year (28 units x 0.52 tons = 14.56 tons). The Solid Waste Authority has indicated that its
facilities have sufficient capacity to handle all development proposals until the year 2021, thus a
positive finding with respect to this level of service standard can be made.
Streets and Traffic: The subject property is located within the City's Transportation Concurrency
Exception Area (TCEA), which encompasses the CBD, CBD-RC, and OSSHAD zoning districts.
The TCEA exempts the above-described areas from complying with the Palm Beach County
Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for
concurrency purposes; however, a traffic statement is necessary to keep a record of trips
approved in the TCEA and for calculation of traffic impact fees. A traffic statement was
submitted for the generation of 19 AM peak hour trips and 21 PM peak hour trips. A letter from
the Traffic Division of Palm Beach County indicating that the proposed development meets the
Traffic Performance Standards of Palm Beach County has been received.
Water and Sewer: Water service is available via service lateral connections to an existing 6"
water main within the east alley right-of-way. Two (2) fire hydrants presently exist along 6th
Avenue: one at the northwest corner of SE 1 st Street and SE 6th Avenue and a second one at
the southeast corner of SE 6th Avenue and SE 2nd Street. Sewer service is available via service
lateral connections to an existing 8" sanitary sewer main within the east alley right-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.
School: A letter from the School District of Palm Beach County indicating that the proposed
development meets school concurrency has been received.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and
required findings in LOR Section 2.4.5(E) (5) for the Conditional Use request shall be the
basis upon which a finding of overall consistency is to be made. Other objectives and
2
Planning and Zoning Board Staff R,. Jrt: Meeting - January 22. 2007
Conditional Use Request to Increase Density for 135,145 & 169 S.E. 6th Avenue
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and policies that are relevant to the Conditional Use
application are noted:
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
There are no special physical or environmental characteristics of the land that would be
negatively impacted by the proposed residential development. The development will be
complimentary with the future surrounding residential and commercial developments (Meridian
Lofts, Duvall Place Condominium, Hamilton Place Townhomes, Ocean City Lofts, Porta-al-
Mare, 5th Avenue Flats, Cityscape, and 5th Avenue at Delray) and will provide a customer base
for the businesses on a year-round basis, which in turn will provide economic stability and
growth for the downtown area.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan
states the following:
"0ne of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption of the 19a9
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area':
The proposed 135,145 & 169 S.E. 6th Avenue project will help to fulfill this stated land use need
by providing 28 additional dwelling units in the downtown area within close proximity to
shopping and employment, and is therefore consistent with this policy.
Future Land Use Element Obiective C-4: The Central Business District (CBD) represents
the essence of what is Delray Beach i.e. a "village like, community by the sea". The
continued revitalization of the CBD is essential to achieving the overall theme of the
City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies
and activities shall be pursued in the achievement of this objective:
Policy C-4.1: The CBD zoning district regulations shall facilitate and encourage
rehabilitation and revitalization and shall, at a minimum, address the following:
o Deletion of inappropriate uses;
o Incentives for locating retail on the ground floor with office and residential use
on upper floors;
o Accommodating parking needs through innovative actions;
o Incentives for dinner theaters, playhouses, and other family oriented activities;
o Allowing and facilitating outdoor cafes;
o Incentives for- mixed use development and rehabilitation;
o Elimination of side yard setback requirements; and
o Allow structural overhang encroachments into required yard areas.
3
Planning and Zoning Board Staff R,-. Jrt: Meeting - January 22, 2007
Conditional Use Request to Increase Density for 135,145 & 169 S.E. 6th Avenue
The development proposal will locate 28 residential dwelling units of various floor plans and
sizes within the downtown area. The residents of these dwellings will be able to walk to shops,
restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers
and employees, and their neighbors. They will get to know the downtown much more intimately
than the majority of Oelray residents. They will play a major role as participants in, and
contributors to, the downtown area community. The 135,145 & 169 S.E. 6th Avenue proposal is
consistent with Future Land Use Element Policy C-4.1 as it will facilitate the continued
rehabilitation and dynamic revitalization of the CBO zoning district.
Transportation Element Policy A-1.3: The City endorses the continued operations of the
Palm Tran Transit System and its operations in Delray Beach, and through policies of
this Element related to the TCEA, will coordinate with Palm Tran to improve the system.
Given the potential impacts the proposed residential development will have on the surrounding
road network and the location of a Palm Tran bus stop at the northeast corner of SE 6th Avenue
and SE 1st Street, it is appropriate that the development contributes toward the provision of a
bus shelter at this location. Thus, it is attached as a condition of approval that a contribution of
$7,500 (approximately half the cost of a shelter) is paid prior to certification of the site plan for
the development. Subject to this condition of approval being addressed, the development will
comply with Transportation Element Policy A-1.3.
Transportation Element Policy 0-2.2: Bicycle parking and facilities shall be required on
all new development and redevelopment. Particular emphasis is to be placed on
development within the TCEA Area.
The development proposal does accommodate a bicycle parking facility (i.e. bike rack) on site
along S.E. 6th Avenue next to the main entrance of the building. Therefore, the development
complies with Transportation Element Policy 0-2.2.
Open Space and Recreation Element Policy A-3.1: Tot lots and recreation areas serving
children from toddlers to teens, shall be a feature of all new housing developments as
part of the design to accommodate households having a range of ages. This
requirement may be waived or modified for residential developments located in the
downtown area and for infill projects having fewer than 25 units.
This policy may be waived for projects in the downtown because the City recognizes that
households located in the downtown are likely to have fewer children than those located in
suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive
to provide recreational features such as tennis courts, volleyball courts, etc. However, the
proposed development does provide some recreational facilities to its residents, such as a
swimming pool, deck, meeting and game room, and restrooms located on the 4th floor of the
building.
Some of the recreational, cultural and open space opportunities located in proximity to the
135,145 & 169S.E. 6th Avenue project include: Veteran's Park, which includes a large
playground and recreational area; the Municipal Beach; the Osceola Park Currie Commons,
which includes a baseball field and playground; the Teen Center which includes basket ball and
board skating courts; the City's Tennis Center; and Old School Square Cultural Center. As
playground areas are located close by (Veteran's Park and Osceola Park Currie Commons) and
other facilities are available on site that can be utilized by children, such as the pool, the intent
of this policy will be met. Based on the above, it is appropriate to partially waive (tot lot) this
requirement to provide these services entirely on site.
Housina Element Obiective B-2: Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet the
4
Planning and Zoning Board Staff RL. Jrt: Meeting - January 22,2007
Conditional Use Request to Increase Density for 135,145 & 169 S.E. 6th Avenue
housing needs identified in this Element. Policies, which will implement this objective,
include:
HousinQ Element Policy 8-2.2: The development of new adult oriented communities
within the City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children, and
shall be required to provide three (3) and four (4) bedroom units and activity areas for
children ranging from toddlers to teens. This requirement may be waived or modified for
residential development located in the downtown area and for infill projects having fewer
than 25 units.
This development will not be restricted to occupancy by adults only. However, it is
acknowledged that downtown dwellings are not typically occupied by families with children. The
proposed development will primarily accommodate young and middle-age professionals. The
development will provide a mix of two (2), and three (3) bedroom units. As allowed by this
policy, it is appropriate that there not be a requirement to provide four (4) bedroom units and
specific activity areas for children for those residential development located in the downtown
area.
HousinQ 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.
HousinQ Policy A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
As noted previously, the residents of this development will aid in the revitalization and economic
stability of the downtown area. The introduction of additional residential dwelling units will
increase safety of the area by introducing more night time activity and more "eyes on the street"
as a deterrent to criminal behavior. Based upon the above, the development proposal will be
consistent with Housing Policy A-12.3.
Pursuant to LOR Section 4.4.13 (1)(1), Performance Standards: The following standards
shall apply to all applications for new development and modification of existing
developments which would result in a density greater than thirty (30) dwelling units per
acre in the Commercial Core or twelve (12) units per acre in the West Atlantic
Neighborhood.
(1) The maximum permissible density of a particular project will be established through
the conditional use process, based upon the degree to which the development
complies with the performance standards of this section, the required findings of
Section 2.4.5(E), and other applicable standards of the Comprehensive Plan and Land
Development Regulations. Notwithstanding the above, the approving body may deny
an application for increased density where it is determined that the proposed project
is not compatible in terms of building mass and intensity of use with surrounding
development. All eligible developments desiring to use these performance standards
shall provide twenty percent (20%) of the residential units above thirty (30) dwelling
units per acre in the Commercial Core or twelve (12) units per acre in the West
Atlantic Neighborhood as Workforce Housing units (fractions shall be rounded up).
5
Planning and Zoning Board Staff R,. Jrt: Meeting - January 22, 2007
Conditional Use Request to Increase Density for 135,145 & 169 S.E. 6th Avenue
The workforce housing units shall be divided between low and moderate income
levels with no more than 50% of the workforce units to be for moderate income levels
and shall comply with other applicable provisions of Article 4.7.
Compliance with this requirement is discussed in the Workforce Housing section of this
report.
(2) In addition to the standards and requirements set forth in subsection 4.4.13(1)(1),
above, the applicable performance standards for development exceeding twelve (12)
units per acre within the West Atlantic Neighborhood or thirty (30) units per acre
within the Central Core are as follows:
(a) The development offers variation in design to add interest to the elevations and
relief from the building mass. Building elevations incorporate several of the
following elements: diversity in window and door shapes and locations; features
such as balconies, arches, porches; and design elements such as shutters,
window mullions, quoins, decorative tiles, or similar distinguishing features.
The proposed architectural style includes various elements of Mediterranean influence
such as decorative trellis, shaped parapets, Spanish tile roofs, aluminum railing
balconies, stucco baluster balconies, and decorative outriggers. As noted previously, the
proposed development complies with the CBD setback requirements, which requires a
stepping back from 15' for the first and second floor to 44'-10" for the forth floor. The
building has been designed to provide relief in the perception of mass by using a
diversity of roof lines at different heights with a combination of hip roofs with shaped
parapets at different height intervals. The various roof lines are well articulated by
stepping back as much as 44'-10" from the front facade of the building. This contributes
to a reduction in the perception of mass; provides a variation in design; and adds visual
interest to the east and west elevations. In addition to the step backs and offsets
provided, the architectural elevations of the structure also incorporate diversity in color,
window and door shapes, multiple covered and uncovered balconies, decorative balcony
railings, and stucco banding. The creation of fac;ades that are consistent with the
Mediterranean style of architecture is a critical design element for a building that faces
the historic district to the east side. The rhythm and proportionality of the architectural
treatments create an appealing presentation. Based upon the above, the development
proposal will be consistent with this performance standard.
(b) If the building includes a parking garage as an associated structure or within the
principal building, the garage elevation provides unified design elements with the
main building through the use of similar building materials and color, vertical and
horizontal elements, and architectural style. Development of a portion of the
ground floor perimeter adjacent to street rights of way is devoted to window
displays or floor area for active uses such as retail stores, personal and business
service establishments, entertainment, offices, etc., is encouraged.
The development proposal does incorporate a parking garage on the ground floor of the
structure. The building materials utilized with the parking garage are architecturally
consistent with materials utilized on the upper levels of the structure in terms of texture,
color, and vertical and horizontal elements. Further, the architecture of the structure
includes the parking garage on the ground floor, to the rear of the building with the
ingress/egress for the parking lot located on the east side (alleyway) of the building. The
east side of the building reveals the parking area as part of the elevation with a unified
architectural appearance. The parking garage elevation (east elevation) will consist of
modular spaced openings separated by structural columns with a smooth stucco finish.
The openings will be adequately landscaped and buffered with a 6' height masonry wall
6
Planning and Zoning Board Staff F\. . Jrt: Meeting - January 22, 2007
Conditional Use Request to Increase Density for 135,145 & 169 S.E. 6th Avenue
and will permit ventilation and natural light to enter into the parking garage. The garage
is not located adjacent to street rights-of-way. Based upon the above, the intent of this
performance standard has been achieved.
(c) A number of different unit types, sizes and floor plans are available within the
development. Two and three bedroom units are encouraged, as are a combination
of multi-level units and flats. In projects consisting of more than twelve (12)
dwelling units, the proportion of efficiency or studio type units may not exceed
25% of the total units. There is no maximum percentage established for projects
having twelve (12) or fewer units, however, a mix of unit types and sizes is
encouraged.
The proposed development includes two and three bedroom units. There are multilevel
type units as well as flats. Living areas vary among units between 1,730 to over 2,600
square feet. Some units have terraces while others have balconies. There are seven
different unit types in the twenty eight units proposed. Based upon the above, the intent
of this performance standard has been achieved.
(d) The project design shall create an overall unified architectural character and
image by the use of common elements between the building(s), parking lot, and
landscaping. Examples of some features that could be incorporated to meet this
standard are: freestanding light poles and exterior light fixtures that are
decorative and consistent with the architectural treatment of the building(s);
pedestrian amenities such as benches, shaded walkways, and decorative
pavement treatment, that are similar in forms, colors, materials, or details as the
architecture of the building(s); focal points such as public art, water
feature/fountain, courtyard or public plazas designed to connect different uses
along a continuous pedestrian walkway; or a combination of similar features that
meet the intent of this standard.
The applicant has indicated that the development exhibits an overall unified architectural
character and image by the use of common elements of Mediterranean influence along
the different facades of the project. The landscape areas in-front of the building along
SE 6th Avenue, are some of the common elements that add character to the proposed
development. In addition, the public pool deck is a focal point on the east side of the
structure above the third floor.
The step backs, offsets, and balconies provided along the facades will allow large
amounts of natural light via different window shapes, which include floor to ceiling
windows in some locations. Based upon the above, the intent of this performance
standard has been achieved.
(e) The development provides common areas and/or amenities for residents such as
swimming pools, exercise rooms, storage rooms or lockers, covered parking,
gardens, courtyards, or similar areas and/or amenities.
The development proposal provides for most of the above referenced amenities, such as
a swimming pool, pool-side gardens, meeting and game room, and covered parking.
Based upon the above, the intent of this performance standard has been achieved.
(f) The development promotes pedestrian movements by providing convenient
access from the residential units to the public sidewalk system. Pedestrian areas
adjacent to the building are enhanced by providing additional sidewalk area at the
same level as the abutting public sidewalk. Access ways to parking areas are
designed in a manner that minimizes conflicts between vehicles and pedestrians.
The public street or streets immediately adjacent to the development are
7
Planning and Zoning Board Staff R... >Jrt: Meeting - January 22, 2007
Conditional Use Request to Increase Density for 135,145 & 169 S.E. 6th Avenue
enhanced in a manner that is consistent with the streetscape in the downtown
area (i.e., installation of landscape nodes, extension of existing pavers block
system, installation of approved street lighting, etc.).
The proposed development is inherently a pedestrian friendly project. The townhouse
type units, proposed along S.E. 6th Avenue, encourage pedestrian activity along the
street. The project's proximity to Atlantic Avenue will result in a pedestrian flow to the
commercial, entertainment and cultural activities in the downtown area. The
development proposal provides safe and efficient pedestrian movement with convenient
access provided from the residential units to the existing public sidewalk system and
parking areas. Pedestrian areas adjacent to the building have been enhanced by
providing landscape areas at the same level as the abutting public sidewalk. Also,
access to the parking lot has been designed in a manner that minimizes conflicts
between vehicles and pedestrians. Based on the above, this performance standard has
been met.
(g) The development provides opportunities to share parking, accessways,
driveways, etc., with adjoining properties, or provides additional parking spaces
that may be used by the public.
The development proposal will provide thirteen (13) guest parking spaces plus 3
additional surplus parking spaces within the two level parking garages with access from
the east alley R-O-W that will be used by the visitors of the proposed development.
However, adjacent properties are already developed and there are no real opportunities
to share parking, accessways, or driveways with adjoining properties. The project does
not provide parking spaces that may be used by the general public and compliance with
this performance standard is not possible.
(h) Projects fronting on Atlantic Avenue, NE 1st Street or SE 1st Street contain
nonresidential uses on the ground floor. The nonresidential ground floor space
has ceilings not less than ten feet (10') in height. At least 50% of the surface area
of the front street wall(s) at the ground floor of each such building is devoted to
display windows and to entrances to commercial uses from outside the building.
The frontage of the subject property is along SE 6th Avenue and thus, this performance
standard is not applicable.
Of the eight (8) performance standards outlined in LOR Section 4.4.13(1), the subject
development proposal complies with six (6) performance standards (a), (b), (c), (d), (e), and (t).
Performance standard (g) has not been met and performance standard (h) is not applicable.
Given this level of achievement with the performance standards it is appropriate to grant the
requested increase in density.
WORKFORCE HOUSING:
There are 28 dwelling units proposed within the subject property (0.746 acres). This equates to
an overall density of 37.53 dwelling units per acre. To support the increased density, two (2)
bonus unit are needed (28 units proposed - 22.38 units allowed = 5.62 x 0.20 = 1.124). To
obtain this bonus at least one unit must be affordable low to moderate income. The applicant
has indicated that residential unit #10 and #13 will be workforce housing units for low to
moderate income families. It is noted that the two workforce housing units required shall be
clearly indicated in the floor plan, and thus, this is attached as a condition of approval. Based
upon the above, an increase in density to 37.53 units per acre can be granted. The applicant is
proposing a text amendment to the Workforce Housing Ordinance LOR Section 4.7.2 and may
have the option to earn bonus units by making a contribution to the Delray Beach Community
Land Trust instead of incorporating the workforce units within the proposed building.
8
Planning and Zoning Board Staff R~ ...Jrt: Meeting - January 22.2007
Conditional Use Request to Increase Density for 135,145 & 169 S.E. 6th Avenue
For Sale Housina Units
Pursuant to LOR Section 4.7.7, there are numerous requirements that apply to the sale of
owner-occupied workforce housing units. These stipulations identify the terms under which
these units need to be sold such as eligibility, occupancy, and terms of purchase. A condition of
approval is attached that the units are sold in accordance with this section.
Resale and Subseauent Rentals of Affordable Units
Pursuant to LOR Section 4.7.8, to maintain the availability of workforce housing units which may
be constructed pursuant to the requirements of this program, numerous restrictions have been
put into place on the resale of workforce housing. A condition of approval is attached that the
terms of resale of these units, pursuant to LOR Section 4.7.8, be included in the deed or
restrictive covenant and recorded in the Public Records of Palm Beach County.
Covenants Enforcement:
Pursuant to LOR Section 4.7.9(g), the City of Delray Beach, its successors and assigns may
enforce the covenants. No amendments to the covenants shall be made unless by written
instrument approved by the City, and thus, this is attached as a condition of approval.
Review and Approval Process:
Pursuant to LOR Section 4.7.10(a), final conditions of approval shall specify that the restricted
units are priced and/or rented at workforce housing levels and shall state that those units shall
be rented and/or sold to the eligible income group. The conditions will also specify the
requirements for reporting to the City's Community Improvement Department on buyer eligibility,
housing prices, as well as any applicable requirement to record a covenant or to enforce resale
restrictions. A condition of approval is attached that requires the reporting to the Community
Improvement Department on buyer eligibility and housing prices. The applicant shall include
clear language in the Home Owners Association documents as to how the maintenance fee for
the. workforce housing units will be established and that the proposed maintenance fee be
approved by the City, and thus, this is attached as a condition of approval.
LDR SECTION 2.4.5(E) - REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City
Commission must make findings that establishing the conditional use will not:
(a) Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located;
(b) Hinder development or redevelopment of nearby properties.
The following table identifies the zoning designations and uses that are adjacent to the subject
property:
Zonina: Use:
North Central Business District (CBD) Commercial Condos
South Central Business District (CBD) Ikes Luxury Auto Service Inc.
East Multiple Family Residential (RM) Multiple and Single Family Structures
West Central Business District (CBD) Multiple Family Residential and Retail
Stores
9
Planning and Zoning Board Staff Rt.......rt: Meeting - January 22, 2007
Conditional Use Request to Increase Density for 135,145 & 169 S.E. 6th Avenue
The development proposal will significantly enhance the aesthetics of the subject property
unifying all parcels under a single development. In addition, the development will be
complimentary with the surrounding residential and commercial developments (Meridian Lofts,
Duvall Place Condominium, Hamilton Place Townhomes, Ocean City Lofts, Porta-al-Mare, 5th
Avenue Flats, Cityscape, and 5th Avenue at Delray) and will provide a customer base for the
businesses on a year-round basis. Further, the neighborhood and the downtown as a whole will
benefit by the inclusion of new residential dwelling units. The proposed development will not
have a significant detrimental effect upon the stability of the neighborhood or hinder
development or redevelopment of nearby properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was submitted which staff
has reviewed. It is noted that the conceptual plan is insufficient to conduct a complete
analysis of the Land Development Regulations. If the Conditional Use is approved, a full
site plan submittal complying with LDR Section 2.4.3 will be required. Based upon
staff's review of the sketch plan and site inspections, the following analysis is provided.
Brick pavers sidewalks will enhance the public street adjacent to the proposed development.
The proposed development shall incorporate the existing downtown paver block system along
the sidewalk in-front of the building, and thus, this is attached as a condition of approval.
Buildina Setbacks:
The table below indicates that the proposal complies with LDR Section 4.4.13(F)(3) [Table
4.4.13-2] as it pertains to the Central Business District. The proposed development meets the
requirements of the LDRs for a height from finished grade to 25' feet, for a height from 25' feet
to 37' feet, and for a height of 37' and above. Therefore, a finding of compliance with these
criteria can be made.
Remaining 27' min. 48'/72' 48'
length
70% max 15'min. 168'max. 168' 70% *
Remaining 27' min. 72' 72' *
length
50% max 34'min. 120'max. 90'-2" *
38%
Remaining 39'min. 120' min. 149'-10" *
length
10
Planning and Zoning Board Staff R\:.t'vrt: Meeting - January 22, 2007
Conditional Use Request to Increase Density for 135,145 & 169 S.E. 6th Avenue
Parkina ReQuirements:
Off-Street Parking:
Pursuant to LOR Section 4.4.13(G) (1) (e), the parking requirements for one, two and greater
bedroom dwelling units within a multiple-family structure located within the CBO are to be
provided as follows:
1.0 space/unit
1.25 spaces/unit
1.75 spaces/unit
as follows:
0.50 s aces/unit
0.30 s aces/unit
0.20 s aces/unit
Pursuant to LOR Section 4.6.9(C) (2) (d), guest parking spaces must be accessible to all visitors
and guests. The development proposal consists of 28 residential dwelling units. Based upon
the above, this requires 49 parking spaces for residents and 13 guest parking spaces for a total
of 62 parking spaces required. The proposed development provides 85 parking spaces, and
thus, this LOR requirement has been met
Pursuant to LOR Section 4.6.9(0) (4) (c), dead end parking bays shall be designed so that there
is a 24' wide by 6' deep maneuvering area at the end of the bay. The applicant shall
reconfigure the first floor parking garage to provide a turn-around striped parking space and a 6'
(depth) maneuvering area (instead of the proposed 5'-10" depth) for the dead-end parking bays
located at the south side of the building adjacent to parking spaces #1 and #19, and thus, this is
attached as condition of approval. In addition, the applicant shall reconfigure the basement
parking garage to provide a 6' (depth) maneuvering area for the dead-end parking bay located
at the south side of the building adjacent to parking spaces #13, and 28, and thus, this is
attached as condition of approval.
Pursuant to LOR Section 4.6.9(0) (4) (d), the standard aisle width for normal traffic flow with
perpendicular parking is twen.ty-four feet. The aisle width provided for the two way traffic flow
on the west side of the basement parking garage is only 23'-4". The applicant shall reconfigure
this portion of the basement parking garage to comply with the LORs or alternatively request a
waiver during the site plan review process, and thus, this is attached.as a condition of approval.
It is noted that any future conversion of residential area along S.E. 6th Avenue to
commercial/retail, office floor area, or to restaurant may require the processing of a site plan
modification which shall address any parking demand.
Compact Parkina:
Pursuant to LOR Section 4.6.9(C) (1) (g), up to 30% of the required parking for any use may be
designated for compact cars. The development proposal includes thirteen (13) compact parking
spaces located within the proposed ground floor parking garage. This represents approximately
21 % of the total parking spaces required, thus meeting the requirement.
Handicapped Accessible ParkinQ:
Pursuant to LOR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the
handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for
Building Construction. Accessibility for residential structures is covered by the Federal Fair
Housing Act. Pursuant to this act, two percent (2%) of the parking spaces serving the
11
Planning and Zoning Board Staff R ~rt: Meeting - January 22, 2007
Conditional Use Requestto Increase Density for 135,145 & 169 S.E. 6th Avenue
development must be handicapped accessible and accessible visitor spaces should be provided
at a rate in accordance with the local code. Based upon the 62 parking spaces required, the
development needs to provide a minimum of two (2) handicap accessible parking space and
two (2) handicap accessible parking spaces have been provided. Pursuant to LOR Section
4.6.5 and the Florida Accessibility Code for Building Construction, the height clearance of the
handicap parking areas need to be nine and one-half feet (9.5') to allow the access of handicap
vans. A note to this effect has been placed on the site plan, thus meeting this requirement.
It is noted that the ramp adjacent to the handicapped parking spaces located on the 1st floor
parking garage is not in compliance with the Florida Accessibility Code for Building Construction
Section 11-4.8 with respect to landings, handrails and access from the parking space access
panel. The applicant shall revise the plans so the ramp complies with the aforementioned code
provisions, and thus, this is attached as a condition of approval. In addition, the handicap
parking spaces depicted in the photometric plan and landscape plan are not consistent with
those depicted on the site plan. The applicant shall revise the landscape plan and photometric
plan to correctly depict the handicap parking spaces, and thus, this is attached as a condition of
approval.
Liahtina:
The photometric plan submitted is not consistent with the standard illumination levels required
by LOR Section 4.6.8. Therefore, the applicant shall revise the photometric plan to comply with
LOR Section 4.6.8 and light pole/fixture details shall be submitted. Thus, this is attached as a
condition of approval.
Bicycle Parkina:
LOR Section 4.6.9(C) (1) (c) and Transportation Element Policy 0-2.2 of the Comprehensive
Plan recommend that a bicycle parking facility be provided. Such facility has been located
along SE 6th Avenue adjacent to the entrance of the building and thus, this requirement has
been met. Also, pursuant to Transportation Element A-1.3 of the Comprehensive Plan, the
applicant shall provide a bus shelter contribution ($7,500) prior to site plan certification, which is
attached as a condition of approval.
Plat:
A plat must be processed and recorded prior to issuance of a building permit; and this is
attached as a condition of approval.
Minimum Residential Floor Area:
The following table indicates that the proposal complies with LOR Section 4.3.4(K)[Minimum
residential floor area]. There 18 two-bedroom residential units that range in size from 1,730
square feet to 2,228 square feet, and 10 three-bedroom residential units that range in size from
2,145 square feet to 2,646 square feet. Based upon the above, this LOR requirement has been
met.
Efficienc
1 Bedroom Units
2 Bedroom Units
3 Bedroom Units
4 Bedroom Units
1,730 - 2,228
2.145 - 2,646
18
10
.
.
12
Planning and Zoning Board Staff F )rt: Meeting - January 22, 2007
Conditional Use Request to Increase Density for 135,145 & 169 S.E. 6th Avenue
Vehicular Stackina Distance:
Pursuant to LOR Section 4.6.9(O)(3)(c)(1), the minimum stacking distance for a parking area
that has 50 or less parking spaces is 20'. The proposed ground floor 36-space parking area
along the east alley does provide a 26 feet stacking distance to the alley right-of-way, and thus,
this LOR requirement has been met.
Siaht Visibilitv Trianales:
Pursuant to LOR Section 4.6.14, the 20' and 40' visibility triangles need to be noted at the
intersections of driveways/rights-of-way and at the intersection of two public rights-of-way. The
sight visibility triangles along the east alley right-of-way have been wrongly depicted in the site
plan and landscape plan. Site visibility triangles shall be measured from the resulting property
line after the four foot alley right-of-way dedication, and thus, a condition of approval is attached
that the site visibility triangles along the east alley R-O-W be correctly depicted. In addition, the
garbage pick-up structures adjacent to the north and south property lines are encroaching into
the visibility triangles, and thus, a condition of approval is attached that the garbage pick-up
structures adjacent to the north and south property lines be moved out of the visibility triangle. It
is noted that the proposed wall that separates the 1 st floor parking garage from the east alley will
encroach into the visibility triangles. Therefore, the applicant shall revised the plans so that the
corners of the 1 st floor parking garage wall to the north and south property lines be tapered to a
maximum height of 36" or request a waiver during the site plan approval process.
Riaht-of-Wav Dedication:
Pursuant to LOR Section 5.3.1 and the Transportation Element of the City's Comprehensive
Plan, the ultimate right-of-way width for S.E. 6th Avenue is 60' and 60' of right-of-way currently
exists, thus, no right-of-way dedication will be required on S.E. 6th Avenue.
Allev: Pursuant to LOR Section 5.3.1 (0) (2), the required width of an alley is 20' or the existing
dominant width. Further, pursuant to LOR Section 5.3.1 (0) (3), additional right-of-way width
may be required to promote public safety and welfare; to provide for storm water management;
to provide adequate area for street trees; and to ensure adequate access, circulation and
parking in high intensity use areas. Such a determination shall be advanced by a
recommendation from the City Engineer. The authority for requiring such additional right-of-way
shall rest with the body having the approval authority of the associated development application.
The existing alley right-of-way width is 16'. The development proposal will provide a loading-bay
and garbage pick-up off the alley. The City Engineer and OSMG have determined that the width
of the alley should be expanded to a width of 20', which is consistent with the widths provided
with recent redevelopment proposals. Therefore, a dedication of four feet (4') from the subject
property is required and has been depicted on the site plan. Thus, this requirement has been
met. It is noted, that survey submitted by the applicant does not indicated the. location of the
center line for SE 6th Avenue nor the existing R-O-W dimension, and thus. It is attached as
condition of approval that the applicant provides an up-to-date survey that depicts
the existing Right-of-Way along SE 6th Avenue, with the centerline clearly shown and
dimensioned.
Refuse Enclosure:
Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas
must be enclosed on three sides with vision obscuring gates on the fourth side, unless such
areas are not visible from any adjacent public right-of-way. The development proposal includes
two roll-out dumpsters with swinging doors accessible from the abutting alley. The applicant has
13
Planning and Zoning Board Staff F,rt: Meeting - January 22, 2007
Conditional Use Request to Increase Density for 135,145 & 169 S. E. 6th Avenue
stated that maintenance personnel will transfer the trash to the dumpster. Accommodation for
bins for recyclables has been provided.
Street Improvement Obliaations:
Pursuant to (LOR) Section 6.1.2 (A) (2) (a), when access to the project is provided from a local
street and/or alley, then the project must provide appropriate traffic lanes meeting requirements
of Section 5.3.1 (C) in order to provide continuous paved access from the nearest paved street
or alley to the project in addition to the improvements on its side of the center line of right-of-
way. The project will have access from the alley and the proposed dumpsters will be serviced
from the alley. The existing east alley right-of-way has already been paved and improved, thus,
the project will be responsible for providing the improvements on its side of the center line of the
east alley right-of-way for the four (4) feet alley dedication, and thus, this is being attached as a
condition of approval.
Architectural Standards:
It is noted that 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. Minimum
spacing between the same architectural compositions shall be 300'. Determination of
compliance with this development regulation cannot be made at this time. With the submittal of
a site plan application, the applicant will need to submit complete renderings and colored
elevations. It is noted that the three volumetrical variations present on the east elevation (which
have less than a 300' separation) could be considered to be sufficient to meet the separation in
architectural compositions requirement.
Community Redevelopment Agency:
The Community Redevelopment Agency (CRA) reviewed the development proposal at its
meeting of September 28, 2006. The Board did not support this proposal as presented and
following comments were made: (1) the rear elevations are not as sensitive to the neighbors in
the rear as they should be. It was noted that much more variation occurs in the front elevation.
(2) The applicant needs to decide how the Workforce Housing will be addressed. (3)The
applicant should meet with the neighbors to discuss the compatibility issue to work out a
compromise.
The applicant has met with the neighbors. As a result of the meeting and in order to address
some of the neighbors' concerns with regard to compatibility, the applicant has made significant
changes to the east and west elevation introducing a more Mediterranean style of architecture.
The applicant has decided to include within the proposed building the two workforce housing
units that are required in order to approve the increase in density. However, it is not clear how
the applicant will deal with the maintenance Home Owners Association fee attached to the
workforce housing units, and thus, a condition of approval is attached that the applicant includes
clear language in the Home Owners Association documents as to how the maintenance fee for
the workforce housing units will be established and that the proposed maintenance fee is
approved by the City. It is noted that the two workforce housing units required shall be clearly
indicated on the floor plan, and thus, this is attached as a condition of approval.
14
Planning and Zoning Board Staff F lrt: Meeting - January 22, 2007
Conditional Use Request to Increase Density for 135,145 & 169 S.E. 6th Avenue
Downtown Development Authority:
The Downtown Development Authority (DDA) reviewed the development proposal at its meeting
of September 11, 2006. The Board voted 5-0 recommending denial of the Conditional Use
requests for an increase density. It is noted, however, that this denial was in part due to the
compatibility with the adjacent development to the east. The applicant has met with the
neighbors. As a result of the meeting and in order to address some of the neighbors' concerns
with regard to compatibility, the applicant has made significant changes to the east and west
elevation introducing a more Mediterranean style of architecture.
Site Plan Review and Appearance Board (SPRAB):
If the conditional use request is granted, a site plan application addressing the outstanding
technical comments would need to be approved by the SPRAB Board. Final action on the site
plan will rest with SPRAB.
Courtesy Notices:
Courtesy notices have been provided to the following homeowner's and/or civic associations
which have requested notice of developments in their areas:
o Claudia Willis, Marina Historic District
o Aledia Riley, Palm Square
o Carolyn Zimmerman, President's Council
o Gerry Franciosa, Progressive Residents of Delray (P.R.O.D.)
o Gail-Lee McDermott, Osceola Park
Public Notice:
Formal public notice was 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 a density in excess of 30 units per acre within the CBD
(37.53 du/ac is proposed). As described in this staff report, the request for increase in density
above 30 units per acre is supportable. Out the eight (8) performance standards outlined in
LDR Section 4.4.13(1), the subject development proposal complies with six (6) performance
standards (a), (b), (c), (d), (e), and (t). Performance standard (g) has not been met and
performance standard (h) is not applicable. Given this level of achievement with the
performance standards it is appropriate to grant the requested increase in density. The
provision of additional residential dwelling units within the downtown area will further the long
term revitalization and stabilization of the CBD. The proposed use is consistent with the
objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. 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 for the requested increase in density.
A. Continue with direction.
B. Move a recommendation of approval of the conditional use requests to allow a density in
excess of 30 units per acre (37.53 du/ac) for 135,145 & 169 S.E. 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 the Comprehensive Plan and meets criteria set forth in
15
Planning and Zoning Board Staff R rt: Meeting - January 22, 2007
Conditional Use Request to Increase Density for 135,145 & 169 S.E. 6th Avenue
Sections 2.4.5(E) (5), 4.4.13(1), and Chapter 3 of the Land Development Regulations,
subject to conditions.
C. Move a recommendation of denial of the conditional use requests to allow for a density in
excess of 30 units per acre (37.53 du/ac) for 135,145 & 169 S.E. 6th Avenue, by adopting
the findings of fact and law contained in the staff report, and finding that the request is
inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections
2.4.5(E) (5), 4.4.13(1), and Chapter 3 of the Land Development Regulations.
Move a recommendation of approval of the conditional use request to allow for a density in
excess of 30 units per acre (37.53 du/ac) for 135,145 & 169 S.E. 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 the Comprehensive Plan and meets criteria set forth in Sections
2.4.5(E) (5), 4.4.13(1), and Chapter 3 of the Land Development Regulations;
With said approval to be subject to the following conditions:
1. That the outstanding technical comments listed in Appendix "A" and Appendix "B" are
addressed prior to site plan approval;
2. That a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to
certification of the site plan for the provision of a Palm Tran bus stop shelter;
3. That the proposed development shall incorporate the existing downtown paver block system
along the sidewalk in-front of the building;
4. The applicant shall reconfigure the first floor parking garage to provide a turn-around striped
parking space and a 6' (depth) maneuvering area (instead of the proposed 5'-10" depth) for
the dead-end parking bay located to the south side of the building adjacent to parking spaces
#1 and #19;
5. That the applicant shall reconfigure the basement parking garage to provide a 6' (depth)
maneuvering area for the dead-end parking bay located to the south side of the building
adjacent parking spaces #13, and #28;
6. The standard aisle width for normal traffic flow with perpendicular parking is twenty-four feet.
The aisle width provided for the two way traffic flow drive aisle on the west side of the
basement parking garage is only 23'-4". The applicant shall reconfigure this portion of the
basement parking garage to comply with the LDRs or alternatively request a waiver during
the site plan review process;
7. That the ramp adjacent to the handicapped parking spaces located on the 1st floor parking
garage shall be revised to comply with the Florida Accessibility Code for Building
Construction Section 11-4.8 with respect to landings, handrails and access from the parking
space access panel;
8. That the applicant shall revise the landscape plan and photometric plan to correctly depict the
handicap parking spaces;
9. That the applicant shall revise the photometric plan to comply with LDR Section 4.6.8 and
light pole/fixture details shall be submitted during the site plan review process;
16
Planning and Zoning Board Staff Rf. .: Meeting - January 22, 2007
Conditional Use Request to Increase Density for 135,145 & 169 S.E. 6th Avenue
10. Site visibility triangles shall be measured from the resulting property line after the 4' alley
right-of-way dedication, and thus, the site visibility triangles along the west alley R-O-W shall
be correctly depicted;
11. That the applicant shall revised the plans so that the corners of the 1 st floor parking garage
wall to the north and south property lines be tapered to a maximum height of 36" or request a
waiver during the site plan approval process;
12. Garbage pick-up structures adjacent to the north and south property lines are encroaching
into the visibility triangles, and thus, the applicant shall move these structures out of the
visibility triangles;
13. That the applicant shall include clear language in the Home Owners Association documents
as to how the maintenance fee for the workforce housing units will be established and that
the proposed maintenance fee be approved by the City;
14. That the two workforce housing units required shall be clearly indicated in the floor plan and
site plan;
15. That the applicant provides an up-to-date survey that depicts the existing Right-of-Way along
SE 6th Avenue, with the centerline clearly shown and dimensioned.
16. That the workforce housing units are sold in accordance with Article 4.7.7;
17. That the terms of resale of the workforce housing units be included in the deed or restrictive
covenant and recorded in the Public Records of Palm Beach County;
18. That the applicant shall report to the Community Improvement Department on buyer
eligibility and housing prices for the workforce housing units;
19. That no amendments to the covenants shall be made unless by written instrument approved
by the City;
20. That the project will be responsible for providing the full cost of improvements on its side of
the center line of the east alley right-of-way for the four (4) feet alley dedication; and
21. That a plat is processed and recorded prior to issuance of a building permit.
Attachments:
· Appendix -A"
· Appendix -B"
· Location Map
· Site Plan
· Floor Plans
· Architectural Elevations
Staff Reporl Prepared by: Este/io Breto, Senior Planner
17
Planning and Zoning Board Staff Re.. ,i: Meeting - January 22, 2007
Conditional Use Request to Increase Density for 135,145 & 169 S.E. 6th Avenue
Preliminary Engineering Technical Comments:
1. FOOT permits are required for this project. Submit copy of FOOT pre-application letter
to City Engineer.
2. Provide copy of certified boundary and topographic survey meeting requirements of LOR
Section 2.4.3 (A), (B) and (0). Existing grades should be taken approximately 10 feet
outside all subject property lines for all adjacent properties. Survey shall provide
sufficient information to determine historical drainage patterns.
3. Minimum font height on plans is 1/10".
4. Provide existing elevations on existing alley and 10 feet into adjacent properties.
5. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality
criteria (1 "). Provide signed and sealed drainage calculations and indicate how storm
water will be retained on site. See LOR Section 2.4.3 (0) (4) and (7).
6. Show nearest existing drainage structures per LOR Section 2.4.3 (0) (3).
7. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
8. Four feet (4') right-of-way dedication is required along the alleyway.
9. Indicate sight distances at all ingress/egress points and all intersections. Sight triangles
should be indicated on landscape plans. Provide copy of the approved landscape plans.
Per Section 4.6.14 of LOR's, any landscaping in the site triangle "shall provide
unobstructed cross-visibility at a level between 3' and 6'" this includes tree trunks.
10. Show nearest existing fire hydrants and add any necessary hydrants per fire department
requirements.
11. Extend new 8" water main from S.E. 2nd Street to north end of property and make loop
connection to 6" water main in alley.
12. Provide location of existing water service.
13. Provide proposed water meter locations. (All new water services should be taken off of
new 8" water main.)
14. Provide double valves at connection points.
15. Indicate location of irrigation water meters (east of 1-95 only).
16. Fire line and potable water lines must be separate taps.
17. Provide exclusive 12' feet water easement over water main along north property line.
18. Indicate location of existing sewer service.
18
Planning and Zoning Board Staff Re~ ..: Meeting - January 22,2007
Conditional Use Request to I ncrease Density for 135,145 & 169 S. E. 6th Avenue
19. A cleanout will be required on the proposed sewer service at the right-of-way line and/or
easement line.
20. Indicate typical configuration and location of proposed sewer services with c1eanouts.
21. Provide note on both the Engineering Plans and the Landscape Plans that any trees or
shrubs placed within water, sewer or drainage easements shall conform to the City of
Delray Beach Standard Detail LD 1.1 requirements. Or verify that no landscaping is to
be planted within these easements.
22. Show all easements on landscape plans.
23. Developer to ensure that no landscaping is planted over any exfiltration trenches.
24. Minimum 10' feet general utility easement is to be provided through the property.
25. Provide a detailed description of how each of these comments has been addressed with
next submittal, along with two sets of revised plans to the City of Delray Beach
Engineering Department, 434 S Swinton Ave., Oelray Beach, FL 33444.
26. Final Engineering comments will be generated after submittal of final engineering plans
and must be satisfied prior to obtaining a building permit. The following list represents
Typical Final Engineering Comments that may be applicable to this project.
27. Developer's required contribution of $200.00 per front lineal footage on u.S. Hwy. 1 for
improvements.
19
Planning and Zoning Board Staff Ret . c Meeting - January 22, 2007
Conditional Use Request to Increase Density for 135,145 & 169 S.E. 6th Avenue
Landscape Technical Items:
1. There are numerous inconsistencies between the plans relating to the hardscape. The
front walkways shown on the paving and drainage plan connect directly to the front
doors from the City sidewalk. The other plans show additional paving adjacent to those
walkways. That additional paving shall be eliminated to accommodate more
landscaping and allow the trees to be moved further away from the building. A loading
area shown on the site plan does not appear on the utility or landscape plans. A
drainage area that was shown on the utility plan adjacent to the alley is in the same
location as a sidewalk, loading area and landscaping shown on other plans. The doors
leading into the garbage pick-up areas are not shown on the landscape plan. All plans
must be consistent.
2. There are conflicts between proposed utilities and landscaping. The outdoor site lighting
and all other utilities including telephone, cable television, clean-outs and anything else
that may impact the landscaping shall be shown on the landscape/civil plan to avoid
such conflicts.
3. The applicant shall correct the plant material schedule regarding the Royal and Sabal
palm specifications.
4. Per 4.6.16(E) (1)(f) mulch shall be initially applied at a three inch depth, but pulled away
from direct contact with stems and trunks to avoid rotting. The specifications indicated
that a two inch layer would be applied.
5. The applicant shall provide the visibility triangles on the landscape plan.
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MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER tJtI\
AGENDA ITEM # ~ .~- REGULAR MEETING OF FEBRUARY 6.2007
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/SANTA FE SALON
TO:
FROM:
DATE:
FEBRUARY 2, 2007
This is before the City Commission to request reinstatement of the technical requirements
submitted by the Environmental Services Department for the Class III Site Plan as submitted for
the Santa Fe Salon Project, located at the Southwest corner of NE 2nd Street and NE 4th Avenue,
which were removed as a condition of Site Plan Approval at the Site Plan Review and Appearance
Board's (SPRAB) January 10,2007 meeting.
Recommend reinstating Engineering Technical Requirements as submitted by staff.
S:\City Clerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Santa Fe Salon 02-06-2007.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
FROM:
David Harden
Randal L. Krejcarek, P.E. ed
31 Jan 2007
TO:
DATE:
RE:
Santa Fe Salon
Appeal of SPRAB Approval
Commission Agenda Item
The attached agenda item is an appeal to Commission to overturn the
recommendations to delete the Preliminary Engineering comments listed below and all
Final Engineering comments of the Site Plan Review and Appearance Board's 10 Jan
2007 meeting, related to the Santa Fe Salon project. This project is located on the
southwest corner of NE 4th Ave and NE 2nd Street. Santa Fe Salon was submitted as a
"Change of Use" and according to the LDR's a Change of Use request is handled as a
Class III Site Plan Modification. According to LDR Section 2.4.5(G)(2)(b), Class III Site
Plan modification submittals are required to include information related to LDR Section
2.4.3 (A), (B), (C), (D), (E) and (G). The original submittal by the applicant was lacking
sufficient information required to complete the appropriate Engineering review. In an
effort to meet the deadline for the 10 Jan 2007 SPRAB meeting, an Engineering review
was completed and comments were submitted in accordance with a Class III Site Plan
modification submittal.
NE 4th Ave from NE 2nd Street to E Atlantic Ave was recently reconstructed partially by
the City and partially by the Developer of Ocean City Lofts. The Developer completed
improvements abutting the Ocean City Lofts development project which extended from
NE 2nd Street south for approximately 360 feet. This Developer was not required to
complete improvements along the eastern property line of what is now the Santa Fe
Salon project other than installing on street parking. The City's work began
approximately 360 feet south of NE 2nd Street and continued south to E Atlantic
Avenue.
The LDR's give SPRAB the ability to waive requirements related to; certain site and
development plans as provided in the LDR's, required parking spaces, site landscaping,
S:\EngAdmin\TACISanta Fe Salon (306 NE 2nd St)\2007-02-06 agenda memo. doc
master sign program and other signage, architectural elevations and other streetscape
features such as walls, fences, lighting, dumpster enclosures, etc.
Applicants must satisfy all preliminary engineering comments in order for engineering to
sign off on the site plan. Once a site plan is approved, final plans are submitted and
engineering provides final engineering comments on the proposed project. Unlike
preliminary engineering plans, final engineering plans provide the necessary details to
construct the project. Final engineering comments are provided to the applicant in an
effort to help speed up the process of obtaining permits once the site plan is approved.
Final enoineerinq comments are not a condition of site plan approval. At the 10 Jan
2007 SPRAB deleted all final engineering comments as part of their approval of this site
plan.
At the 10 Jan 2007 SPRAB meeting the following Preliminary Engineering items were
also deleted as a requirement of site plan approval:
1. Improvements required along NE 4th Ave must match existing improvements.
2. Right-or-way dedication along alley maybe required.
3. Right-or-way dedication along NE 2'd Ave may be required.
4. Provide FEMA Flood Plan designation for the property, the base flood elevation,
and a statement as to how the provisions of the Flood Damage Regulations
(Section 4.5.4) will be met..
5. The survey, site plan, landscaping plan and preliminary engineering plan shall be
at the same scale per LDR Section 2.4.3 (B) (1). All plans shall be drawn on 24"
x 36" sheets and at a scale of 1" = 1 0', 1" = 20' or 1" = 30', unless approved by
the City Engineer.
6. Provide engineering plan prepared by a Florida registered professional engineer.
Engineering plan is to be done on a survey base sheet. All existing facilities are
to be delineated on the engineering plan. Engineering plans must be at same
scale as plat, only 1" = 10', 1" = 20' or 1" = 30' will be acceptable. All engineering
plans must be drawn on a sheet that measures 24" x 36".
7. Provide existing elevations on existing roadway.
8. Site is required to retain 5 year 1 hour storm (3.2') in addition to meeting water
quality criteria (1'). Provide signed and sealed drainage calculations and
indicate how storm water will be retained on site. See LOR Section 2.4.3 (D) (4)
and (7).
9. Show nearest existing drainage structures per LOR Section 2.4.3 (D) (3).
10. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
11. Indicate sight distances at all ingress/egress points and all intersections. Sight
triangles should be indicated on landscape plans. Provide copy of the approved
landscape plans. Per Section 4.6.14 of LDR's, any landscaping in the site
triangle "shall provide unobstructed cross-visibility at a level between 3' and 6' "
this includes tree trunks.
12. Provide a 20' x 20' corner clip right-of-way dedication at NE 4th and NE 2'd Ave.
S:IEngAdminlTACISanta Fe Salon (306 NE 2nd St)12007-02-06 agenda memo. doc
Final Engineering requirements deleted include:
1. Provide a copy of the approved Site Plan with the Director of Planning and
Zoning's signature.
3. Indicate on permitted Landscaping Plan all existing and proposed easements.
4. Provide most recent Landscape Plan submittal.
5. Indicate proposed finished floor and paving elevations and existing and
proposed site grades.
6. Provide a typical cross section from building to adjacent right-of-way or adjacent
property at all property lines. Pay particular attention to grade differential from
proposed site to existing adjacent properties and show the existing grades on
adjacent property.
7. Provide pre- and post-development storm water calculations.
8. Provide certified exfiltration trench test results.
9. Provide paving cross section.
10. Clearly indicate on Plans the limits and types of all curbing.
11. Handicap spaces are to be provided in accordance with Florida Accessibility
Parking layout and striping need to follow City of Delray Beach Standard Details.
Provide standard City of Delray Beach parking stall details, RT 4.1, RT 4.2 on
Plans.
12. Indicate stop bars and signs at egress drives as well as providing interior traffic
control markings and signage. Clearly indicate onsite traffic control.
13. Provide on the plans current City of Delray Beach standard construction details
as applicable.
14. Provide verification from City of Delray Beach Chief Building Official that street
lights within public right-of way are on a separate circuit from all private electrical
circuits.
15. A certified engineer's estimate will be required for all City maintained
improvements. A 110% surety and 2% engineering inspection fees will be
required. A Financial Guarantee and Agreement for Completion of Required
Improvements is required. This agreement can be obtained at
www.mvdelravbeach.com. For additional information see Section /I of the City of
Delray Beach Minimum Construction Standards. Prior to Certificate of
Occupancy and the return of the 110% surety; a 10% warranty surety will be
required.
16. Provide a Pollution Prevention Plan. Prior to and during construction of all sites,
the permittee shall implement and maintain all erosion and sediment control
measures included in the required Pollution Prevention Plan. For projects over
one (1) acre in size; provide a copy of FDEP Notice of Intent.
Per LDR Section
17. Provide a detailed description of how each of these comments has been
addressed with next submittal, along with two sets of revised plans to the City of
S:\EngAdminITACISanta Fe Salon (306 NE 2nd St)12007-02-06 agenda memo. doc
De/ray Beach Engineering Department, 434 S Swinton Avenue, De/ray Beach,
FL 33444.
If this meets with your approval, please place it on the 06 Feb 2007 Commission
Agenda requesting reinstating all Preliminary and Final Engineering comments. When
comments are reinstated Engineering and the applicant will work out details as to how
each item will be satisfied.
Thanks!
Enc
Cc Richard C. Hasko, P.E.
File
S:IEngAdminlTACISanta Fe Salon (306 NE 2nd St)12007-02-06 agenda memo. doc
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORI DA
ENVIRONMENTAL SERVICES DEPARTMENT,
Appellant(s),
vs.
CITY OF DELRA Y BEACH,
Appellee.
/
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of the removal of certain engineering conditions on an
approved site plan has come before the City Commission on February 6,2007.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the removal of certain
engineering conditions associated with the Santa Fe Salon project. All of the evidence
is part of the record in this case. Required findings are made in accordance with
Subsections I and II.
I.
COMPREHENSIVE PLAN:
REQUIREMENTS MET?
ARE THE COMPREHENSIVE PLAN
Is the removal of certain engineering conditions, as provided in the staff
report, consistent with and does it further the policies and objectives of the
Comprehensive Plan?
Yes
No
II. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS
MET?
Is the removal of certain engineering conditions, as provided in the staff
report, consistent with Section 2.4.5(F)(5), Section 4.6.18(E) and Chapter 3 of the
Land Development Regulations?
Yes
No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves _
denies _ the appeal removing certain conditions, as contained in the Staff Report,
and hereby adopts this Order this 6th day of February, 2007, by a vote of in
favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
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Date:
31 Jan 2007
AGENDA ITEM NUMBER: q .13
AGENDA REQUEST
Request to be placed on:
_Consent Agenda _X_Regular Agenda _Workshop Agenda _Special Agenda
When:
06 Feb 2007
Description of Agenda Item (who, what, where, how much):
Request for Commission to reinstate technical requirements submitted by
Environmental Services Department for the Class III Site Plan submitted for to Sannta
Fe Salon project that were removed as a condition of Site Plan approval at the Site Plan
Review and Appearance Board's 10 Jan 2007 meeting.
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N/A
Account Number N/A
Description N/A
Account Balance: N/A
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: @I No Initials: P1
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\Santa Fe Salon (306 NE 2nd St)\2007-02-06 agenda request. doc
FROM:
DAVID iJtARD~ MANAGER
PAUL ~G, A1CP d~ECTOR OF PLANNI1 AN!! ZONING
SCOTT D. PAPE, A1CP, SENIOR PLANNER //V~
MEETING OF FEBRUARY 6, 2007
CONSIDERATION OF WAIVER REQUESTS ASSOCIATED WITH THE CLASS V SITE
PLAN FOR SEAGATE HOTEL ON ATLANTIC LOCATED ON THE SOUTH SIDE OF
ATLANTIC AVENUE, BETWEEN VENETIAN DRIVE AND GLEASON STREET.
TO:
THRU:
SUBJECT:
At its meeting of January 10, 2007, the Site Plan Review and Appearance Board approved the Class V
development proposal to construct a 162 room hotel that includes a 7,469 square foot restaurant/kitchen,
6,395 square feet of retail, and a 4,328 square foot spa.
The development proposal includes waivers to the following sections of the Downtown Design Guidelines:
1. LDR Section 4.4.13(F)(3)(f), building setbacks for properties that have frontage on Atlantic Avenue.
The proposed building exceeds the maximum frontage requirement by 7 feet 8 inches for the portion
of the building within 12 feet of the front property line on the fourth floor.
2. LDR Section 4.4.13(F)(3)(h), which requires the first 60 feet of corner lots with Atlantic Avenue side
street frontage to meet Atlantic frontage requirements. The proposed building slightly exceeds the
building frontage that may be located within the required setbacks for the fourth floors at the
intersections of Gleason Street and Venetian Drive with Atlantic Avenue.
3. LDR Section 4.4.13(F)(3)(i), building setbacks and frontage requirements for streets other than
Atlantic Avenue. The proposed building slightly exceeds the frontage requirements that are within the
required setbacks for all four floors along Gleason Street and Venetian Drive.
The Site Plan Review and Appearance Board considered these waivers and recommended approval to the
City Commission.
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.
q.t
City Commission Documentation
Meeting of February 6, 2007
Seagate Hotel on Atlantic Site Plan Waivers
Building Setbacks:
The following table identifies the building setback requirements for the proposed development pursuant to
LDR Section 4.4.13(F)(3)[Table 4.4.13-1 & 2] as it pertains to the Central Business District (CBD) zone
district. The applicant is seeking a waiver to requirements in the highlighted/bold portions of this table.
70% min.l90% max. 0' 198.8'/255.6' 212.10' X
Remaining length 24'min. n/a 24' X
50% max. 12' min. 142' max 149' 8" X
Remaining length 24' min. n/a 24' X
70% min.l90% max. 5'min.l 42' min.l 49' X
10' max. 54' max.
Remaining length 17' min.l 11' 11 ' X
22' max.
50% max. 17'min. 30' max. 49' X
Remaining length 29' min. 30' 0' (27' proposed) X
70% min.l90% max. 5'min.l 42'min.l 49' X
10' max. 54' max.
Remaining length 17' min.l 11' 11' X
22' max.
50% max. 17'min. 30' max. 26'9" X
Remaining length 29' min. 30' 27'1" X
70% min../90% 5' min.l 129' min.l 98' X
max. 10' max. 166' max.
Remaining length 17' min.l n/a 29' X
22' max.
50% max. 17' min. 92' max. 98' X
Remaining length 29'min. n/a 86' X
70% min.l90% max. 5'min.l 146' min.l 147' X
10' max. 188' max.
Remaining length 17' min.l nfa 28' X
22' max.
50% max. 17' min. 104.5' max. 82.5' X
Remaining length 29'min. nfa 28' X
10' min. 15' X
2
City Commission Documentation
Meeting of February 6, 2007
Seagate Hotel on Atlantic Site Plan Waivers
As noted in the table above, the proposed development does not comply with several of the setback
requirements. This table includes the setback requirements of LOR Section 4.4.13(F)(3)(f), (h), and (i), for
properties that front on Atlantic Avenue, corner lots with Atlantic Avenue side street frontage, and streets
other than Atlantic Avenue. Since the three sections each address the setback requirements, the waiver
analysis has been aggregated into one.
The applicant has submitted the following narratives (verbatim) in support of the waivers:
Atlantic Avenue Frontage:
".. . The Site Plan currently being considered slightly varies for the LDR's requirements for the setback at the
corner of Atlantic Avenue and Gleason Street and at Atlantic Avenue and Venetian Drive, the two corners of
the site. It should be noted that the structure substantially complies with the LDR's and certainly meets the
spirit of the LDR's. The minor differences were necessary in order to maintain symmetry and style of the
structure.
Regarding the specific waiver requested, we are seeking the following:
Table 4.4.13-1 provides that frontage for Atlantic Avenue for the levels 3 and 4 have maximum setback of
12' for 50% of the structure. We are requesting a waiver to allow for the 12' of setback to cover 52% of the
frontage in order to have the rooms align with the column arcade.
Table 4.4.13-1 provides that frontage for Atlantic Avenue for the levels 3 and 4 have minimum remaining
setbacks of 29'. We are requesting a waiver to allow for the setback for levels 3 and 4 at the Venetian Drive
and Gleason Street corners to have a setback of 27' in order to align the wall face with a lower column and
to open up both corners to reduce massing..."
Corner Lots:
"...Table 4.4.13-1 provides that the setback requirements for buildings constructed on Atlantic must
maintain those requirements along the first 60 feet from Atlantic Avenue along the other right of way (in this
case, the first 60' along Gleason Street and Venetian Drive). In this case, the required minimum setback on
levels 3 and 4 would be 29'.
We are requesting a waiver to allow that the remaining frontage of the 60' 'wrap' - in this case, 33' - that
the setback at level 4 be reduced from 29' to 27' in order to have level 4 align with the arcade column
grid..."
Other Streets:
"... The Site Plan currently being considered slightly varies for the LDR's requirements in several areas of
the proposed structure. It should be noted that the structure substantially complies with the LDR's and
certainly meets the spirit of the LDR's. The minor differences were necessary in order to construct.
Regarding the specific waiver requested, we are seeking the following:
1. On levels 1 & 2 of the proposed structure, the LDRs provide, in Table 4.4.13-2, that for buildings without
arcaded frontage, that the remaining length of the frontage (10% to 30%) have a minimum of 17 feet of
setback and a maximum of 22 feet of frontage. We are requesting a waiver of this requirement for the
following locations of the proposed structure:
a. At Venetian Drive, on levels 1 & 2, the remaining length has a 28' setback. This was done in order
to provide a greater buffer to the residential project to the south and to provide for an open pool area.
b. On Gleason Street, on level 3, we have provided of a setback of 29 feet. This was done in order to
allow tall trucks to access and drive through the loading drives which have been provided.
3
City Commission Documentation
Meeting of February 6, 2007
Seagate Hotel on Atlantic Site Plan Waivers
2. Table 4.4.13-2 provides that frontage for Gleason Street for the first two levels have setbacks of a
minimum of 5 feet and a maximum of 10 feet for 70%-90% of the structure. We are requesting a waiver to
allow for the setback of 10' for 53% of the structure in order to accommodate an additional loading drive
lane as requested by the City.
3. Table 4.4.13-2 provides that frontage for Gleason Street for the levels 3 and 4 have minimum setbacks
of 17' for 50% of the structure. We are requesting a waiver to allow for the setback for levels 3 and 4 to
have a setback of 17.5' covering 53% of the structure in order to accommodate have these level line up with
the column arcade below.
4. Table 4.4.13-2 provides that frontage for Venetian Drive for the levels 3 and 4 have minimum setbacks
for the remaining frontage must be a minimum of 29'. We are requesting a waiver to allow for a minimum
setback on levels 3 and 4 of 28' 6" due to the fact that the lot line curves in this area of the site..."
Waiver Analvsis:
As noted in the applicant's waiver justifications and in the table, the proposed waivers are minor and will not
have a substantial impact on the streets cape nor building from what was intended by the new design
guidelines. The proposed building will substantially have the same massing as a building that is in full
compliance. The applicant is correct in noting that the setbacks relating to Venetian Drive will result in
additional buffer, which will benefit the less intense residential properties to the south. The applicant's
justification statement does not address the waiver that is needed for the 50% maximum building frontage
for the first 60 feet along Gleason Street. The maximum building frontage within 17 feet of the property line
is 30 feet and a frontage of 49 feet is proposed. The additional 19 feet will not be noticeable from the
remainder of the building along Gleason Street, which will have a building frontage of 98 feet at the 17 -foot
setback line if the waiver is granted. Further, the applicant's justification did not include the relief needed for
the remaining length of the first and second floors along Gleason Street. The Design Guidelines require
that the remaining length of a building for these floors provide a minimum setback of 17 feet and a
maximum setback of 22 feet and the proposed building has a setback of 29 feet. The minor deviation from
the maximum setback is negligible and will have no perceptive change to the massing of the building. It is
noted that compliance with the design guidelines is made difficult by various reasons such as lot
configuration, structural requirements, provision of services areas (i.e., dumpsters, loading areas, etc.),
sight visibility, utilities, etc. The proposed building was designed to accommodate these site issues, which
resulted in minor departures from the design guidelines. Similar circumstances on other properties would
lead to the same conclusion. Consequently, positive findings can be made with respect to LOR Section
2.4.7(B)(5), Waiver Findings.
By separate motion:
1. Approve the waiver to LOR Section 4.4.13(F)(3)(i), as outlined in this staff report, based on a positive
finding with respect to LOR Section 2.4.7(8)(5).
2. Approve the waiver to LOR Section 4.4.13(F)(3)(f), as outlined in this staff report, based on a positive
finding with respect to LOR Section 2.4.7(B)(5).
3. Approve the waiver to LOR Section 4.4.13(F)(3)(h), as outlined in this staff report, based on a positive
finding with respect to LOR Section 2.4.7(8)(5).
Attachment:
· Staff Report dated January 10, 2007
4
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
OELRAY BEACH, FLORIDA
WAIVER REQUEST FOR SEAGATE HOTEL ON ATLANTIC
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1 . These waiver requests have come before the City Commission on
February 6, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for Seagate Hotel on
Atlantic. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection I.
I. WAIVERS:
(A). Pursuant to LOR Section 4.4.13(F)(3)(f), building frontage and setbacks for
properties fronting on Atlantic Avenue or A-1-A shall comply with Table 4.4.13-1. The
applicant has requested the following waiver -
Table 4.4.13-1 provides that frontage for Atlantic Avenue for the levels 3
and 4 have maximum setback of 12' for 50% of the structure. We are
requesting a waiver to allow for the 12' of setback to cover 52% of the
frontage in order to have the rooms align with the column arcade.
Table 4.4.13-1 provides that frontage for Atlantic Avenue for the levels 3
and 4 have minimum remaining setbacks of 29'. We are requesting a
waiver to allow for the setback for levels 3 and 4 at the Venetian Drive and
Gleason Street corners to have a setback of 27' in order to align the wall
face with a lower column and to open up both corners to reduce
massing..."
(B). Pursuant to LOR Section 4.4.13(F)(3)(h), for corner lots with Atlantic Avenue side
street frontage, the first sixty feet (60') of the building, taken from the Atlantic Avenue
property line, or if a dedication is required, from the resulting property line after
dedication shall comply with Table 4.4.13-1. The applicant has requested the following
waiver -
".. .Table 4.4.13-1 provides that the setback requirements for buildings
constructed on Atlantic must maintain those requirements along the first
60 feet from Atlantic Avenue along the other right of way (in this case, the
first 60' along Gleason Street and Venetian Drive). In this case, the
required minimum setback on levels 3 and 4 would be 29'. We are
requesting a waiver to allow that the remaining frontage of the 60' 'wrap' -
1
in this case, 33' - that the setback at level 4 be reduced from 29' to 27' in
order to have level 4 align with the arcade column grid..."
(C). Pursuant to LOR Section 4.4.13(F)(3)(i), building frontage and setbacks for
properties fronting on streets other than Atlantic Avenue or A-1-A shall comply with
Table 4.4.13-2. The applicant has requested the following waiver -
1. On levels 1 & 2 of the proposed structure, the LDRs provide, in Table
4.4.13-2, that for buildings without arcaded frontage, that the remaining
length of the frontage (10% to 30%) have a minimum of 17 feet of
setback and a maximum of 22 feet of frontage. We are requesting a
waiver of this requirement for the following locations of the proposed
structure:
a. At Venetian Drive, on levels 1 & 2, the remaining length has a 28'
setback. This was done in order to provide a greater buffer to the
residential project to the south and to provide for an open pool area.
b. On Gleason Street, on level 3, we have provided of a setback of 29
feet. This was done in order to allow tall trucks to access and drive
through the loading drives which have been provided.
2. Table 4.4.13-2 provides that frontage for Gleason Street for the first
two levels have setbacks of a minimum of 5 feet and a maximum of 10
feet for 70%-90% of the structure. We are requesting a waiver to allow for
the setback of 10' for 53% of the structure in order to accommodate an
additional loading drive lane as requested by the City.
3. Table 4.4.13-2 provides that frontage for Gleason Street for the levels
3 and 4 have minimum setbacks of 17' for 50% of the structure. We are
requesting a waiver to allow for the setback for levels 3 and 4 to have a
setback of 17.5' covering 53% of the structure in order to accommodate
have these level line up with the column arcade below.
4. Table 4.4.13-2 provides that frontage for Venetian Drive for the levels 3
and 4 have minimum setbacks for the remaining frontage must be a
minimum of 29'. We are requesting a waiver to allow for a minimum
setback on levels 3 and 4 of 28' 6" due to the fact that the lot line curves
in this area of the site..."
Pursuant to LOR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; 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.
2
Does the waiver request to Section 4.4.13(F)(3)(f) meet all the requirements of
2.4.7(B)(5)?
Yes No
Does the waiver request
2.4.7(B)(5)?
Yes No
Does the waiver request
2.4.7(B)(5)?
Yes No
to Section 4.4.13(F)(3)(h) meet all the requirements of
to Section 4.4.13(F)(3)(i) meet all the requirements of
3. The City Commission has applied the Comprehensive Plan and LDR
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 4.4.13(F)(3)(i), 4.4.13(F)(3)(f) and
4.4.13(F)(3)(h).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6th day of February, 2007, by a vote of in favor and
opposed.
ATTEST:
Jeff Perlman, Mayor
Chevelle Nubin, City Clerk
3
SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
January 10, 2007
IV. B.
Seagate Hotel on Atlantic Class V Site Plan, Landscape Plan and
Architectural Elevations Associated with the Construction of a 162-Room
Hotel, 7,469 Square Foot Restaurant/Kitchen, 6,395 Square Feet of Retail,
and a 4,328 Square Foot Spa.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant.......................... HHC Atlantic, LLC
Agent.. ............. ...... ......... ............ Thomas Carney
Location...................................... South side of East Atlantic
Avenue between Venetian
Drive and Gleason Street.
Property Size.............................. 2.07 Acres
Future Land Use Map................ CC (Commercial Core)
Current Zoning............................ CBD (Central Business
District)
Adjacent Zoning................North: CBD (Central Business
District)
East: CBD (Central Business
District)
South: RM (Multiple Family
Residential - Medium
Density) & CF (Community
Facilities)
West: CBD (Central Business
District)
Existing land Use...................... Vacant
Proposed land Use.................... 162-room hotel with a 7,469
square foot
restaurant/kitchen, 6,395
square feet of retail, and a
4,328 square foot spa.
Water Service............................. Existing on site.
Sewer Service............................. Existing on site.
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IV. B.
The action before the Board is approval of a Class V site plan request for Seagate
Hotel on Atlantic pursuant to LOR Section 2.4.5(F). The request involves the following
elements:
o Site Plan;
o Architectural Elevations;
o Landscape Plan; and
o Waivers.
The subject property is located along the south side of East Atlantic Avenue between
Venetian Drive and Gleason Street.
The subject property contains 2.07 acres and previously contained the Atlantic Center
Shoppes, the Huddle Building, and the Island House Apartments, which have been
demolished. The subject property is zoned Central Business District (CBD).
At its meeting of September 24, 2003, the Site Plan Review and Appearance Board
(SPRAB) approved a Class V site plan and associated landscape plan for Atlantic Place
subject to conditions. The development proposal included demolition of the existing
structures and construction of a mixed use project that contained 24 condominium
units; 5,450 square feet of restaurant floor area; 19,620 square feet of retail floor area;
and, 18,000 square feet of office floor area. The development included two, four-story
buildings and a five level parking garage consisting of 283 spaces. The two buildings
were separated by an east-west drive aisle, which provided access to the parking
garage. The proposal included modification to the on-street parking along Atlantic
Avenue and installation of on-street parking along Venetian Drive and Gleason Street.
The proposal also included the installation of a fully enclosed, air-conditioned
refuse/compactor building on the south side of the property along with a six foot privacy
wall east of the trash compactor. At its meeting of October 22, 2003, the SPRAB
approved the architectural elevations associated with the Class V site plan approval for
Atlantic Place.
At its meeting of July 27, 2005, the Site Plan Review and Appearance Board approved
a Class III site modification to convert the mixed use project to a commercial project
that included 86 hotel rooms, 9,233 square feet of retail, 5,473 square foot restaurant,
and a 4,406 square foot spa.
The existing buildings have been demolished and construction of the hotel/commercial
project has not commenced. A new site plan application has been submitted for a
development consisting of a hotel, restaurant, retail, and spa, and is now before the
Board for consideration.
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Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 2
The development proposal involves the following:
~ Construction of a four story building that contains 162 hotel rooms, a 7,469 square
foot restaurant/kitchen, 6,395 square feet of retail, and a 4,328 square foot spa;
~ Construction of a pool;
~ Construction of a loading area and dumpster enclosure;
~ Construction of an interior parking garage;
~ Construction of parallel parking spaces along Gleason Street; and
~ Installation of bike racks and associated landscaping.
The development proposal includes waivers to the following sections of the Land
Development Regulations:
1. LDR Section 4.4.13(F)(3)(f), which requires building setbacks for properties
located within the Central Business District that have frontage on Atlantic Avenue.
2. LDR Section 4.4.13(F)(3)(h), which requires building setbacks for corner lots with
Atlantic Avenue side street frontage, the first 60 feet of the building, taken from the
Atlantic Avenue property line.
3. LDR Section 4.4.13(F)(3)(i), which requires building setbacks for properties
located within the Central Business District that have frontage on streets other
than Atlantic Avenue.
4. LDR Section 4.4.14(A)(1), which requires a 20-foot sight visibility triangle on both
sides of an accessway formed by the intersection of the accessway and a public
right-of-way.
COMPLIANCE WITH THE lAND DEVELOPMENT REGULATIONS:
Items identified in the land Development Regulations shall specifically be
addressed by the body taking final action on the site and development
application/request.
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 3
Special Reaulations for Hotels and Motels:
Minimum Floor Area:
Pursuant to LDR Section 4.3.3(M)(1), each sleeping room shall contain a minimum
required floor area of 325 square feet including closets and baths. The proposed
development complies with the minimum rooms size, since the smallest of the 162 hotel
rooms is 350 square feet.
Accessory Signs:
Pursuant to LDR Section 4.3.3(M)(3), signage designating those accessory uses
allowed in conjunction with a hotel shall be prohibited from being attached to the
outside of the hotel unless such signage is approved as part of a conditional use
approval. A condition of approval is attached that such signage is prohibited unless
conditional use approval is granted, and this shall be noted on the plan.
Building Height:
Pursuant to LDR Section 4.3.4(K), the maximum height of structures in the CBD zoning
district is 48 feet. The proposed development complies with this requirement since the
height of the proposed hotel is 47 feet 10 inches.
LOR Chapter 4.6 Supplementary District Reaulations:
Parking:
Pursuant to LDR Section 4.6.9(C), the proposed project requires 239 parking spaces
(238.28 rounds up to 239). The accompanying site plan provides 308 parking spaces,
thereby meeting the requirements of this LDR Section. The following table identifies the
required parking for each of the proposed uses.
Retail
Meetin S ace
Restaurant &
Kitchen
S a
Hotel Rooms
7,469
4,328
162 Rooms
Stacking Distance:
Although valet parking is being provided as an amenity, LDR Section 4.6.9(F)(3)(f)
requires Valet Drop off/queuing areas a minimum length of 100'. The proposed valet
queuing area provides 2 lanes of stacking for vehicles totaling approximately 195'.
Thus, the required stacking distance has been provided.
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 4
ADA Accessibility:
LOR Section 4.6.9(F)(3)(e)(i) requires at least two ADA accessible spaces be provided
adjacent to the valet queuing area to allow for self parking of vehicles that, through the
use of specialized mechanical equipment, cannot be operated by the valet attendants.
This code requirement is met as there are two ADA accessible spaces at the entry of
the north and south parking tiers and one ADA van accessible space outside the
parking facility.
Accessibility to the building is being provided via two ADA compliant ramps. The first is
located at the main lobby entrance adjacent to the parking area with the second located
on Gleason Street adjacent to the retail stores and restaurant. Due to FEMA regulations
that require the finished floor elevation to be at seven feet (7'), the resulting differential
between the sidewalk and finished floor is approximately three feet (3'). Providing an
ADA compliant entrance to the building would require approximately 300' of ramping.
Staff has requested that the development provide signage at the Atlantic Avenue
entrance directing visitors to the ADA compliant entrances. This requirement is noted
as a condition of approval. It is noted that accessibility to all facilities in the development
may be achieved in this fashion.
Other Issues:
Turn Lane:
The majority of vehicular traffic will access the site along Venetian Drive from Atlantic
Avenue. The applicant has submitted a traffic statement that indicates there is
sufficient peak hour traffic to justify the provision of a southbound left-turn lane along
Venetian Drive. The turn lane will reduce traffic obstructions for vehicles traveling south
on Venetian Drive and provide a protected left turn storage for vehicles turning into the
site. The existing Venetian Drive right-of-way width is 60 feet, which should be
sufficient to accommodate the turn lane in addition to the northbound turn lanes at the
intersection of Atlantic Avenue. Therefore, a condition of approval is attached that the
applicant provides a left-turn lane along Venetian Drive and submit construction plans
to the City Engineer.
Special District Boundary Treatment:
Pursuant to LOR Section 4.6.2(A)(1 )(a), special district boundary treatments apply
where the rear or side of a property subject to the CBD directly abuts a zoning district
with a height limitation of 35 feet without any division or separation between them of 30
feet or more, such as a street, alley, railroad, waterway, park, or other public open
space. The adjacent property to the south along Venetian Drive is zoned RM (Multiple
Family Residential), which has a maximum building height of 35 feet. For that portion
of the building 37 feet or less in height, a 10-foot minimum building setback property
line shall be provided. Further, for buildings above 37 feet in height, a 22-foot building
setback is required. The proposed building complies since a 39-foot 11 inch setback is
provided for the entire building adjacent to the RM zoned property.
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 5
In addition to the special setbacks, a solid finished masonry wall six feet in height, or a
continuous hedge at least 4.5 feet high at the time of installation, shall be located inside
and adjacent to the portion of the boundary line of the commercially zoned property
which directly abuts the residentially zoned property. The proposed development
complies with this requirement since a 6-foot high wall is provided along the south side
of the property adjacent to the RM zoned property.
Lighting:
Pursuant to LDR Section 4.6.8(A)(1), light fixture shall not exceed 25 feet in height.
The proposed photometric plan indicates that the light pole will be 25 feet high.
However, the light fixture will exceed 25 high. Therefore, a condition of approval is
attached that the maximum height of the light pole and fixture not exceed 25 feet and
that the detail be revised accordingly.
The maximum illumination of the parking areas is 4 foot candles and an illumination
intensity over 16 foot candles is proposed. Therefore, a condition of approval is
attached that the illumination levels in the vehicular areas are reduced to a maximum of
4 foot candles. The lighting plan includes ceiling mounted light fixtures to illuminate the
valet and loading areas. In order to eliminate the glare from these fixtures, they need to
be completely recessed into the ceiling deck or shielded. The applicant has submitted
cut sheet details of the fixtures that indicate they will be flush (recessed) into the ceiling
deck of the valet and loading area overhangs.
Loading Areas:
The development proposal provides a loading area along the east side of the property
that will allow entrance and exit for semi-trailers in a forward manner. Pursuant to LDR
Section 4.6.10(8), this configuration will be sufficient to adequately accommodate the
loading needs of the proposed development.
Right-of-way Reduction:
Per LDR Section 5.3.1, right-of-way dedications to meet minimum standards must be
made with all developments. Pursuant to LDR Section 5.3.1 (D)(2), the required right-of-
way width of Gleason Street is 60' and 40' currently exists. For existing streets, the City
Engineer upon a favorable recommendation from the Development Management
Services Group (DSMG) may grant reductions in right-of-way width. The City Engineer
and DSMG have reviewed the request for a reduction in right-of-way width and have
determined that a right-of-way width of 50' is sufficient. Therefore, a condition of
approval is attached that a 5-foot dedication be provided along Gleason Street.
Sidewalk:
Pursuant to LDR Section 6.1.3(8)(1), a 5-foot wide sidewalk is required along the west
side of Gleason Street. A condition of approval is attached that the 5-foot sidewalk
along Gleason Street be extended to the south end of the property within the area to be
dedicated and that it is extended through the loading area driveways.
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Sea gate Hotel on Atlantic
Page 6
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.
Building Setbacks:
The following table identifies the building setback requirements for the proposed
development pursuant to LDR Section 4.4.13(F)(3)[Table 4.4.13-1 & 2] as it pertains to
the Central Business District (CBD) zone district:
0' 198.8'/255.6' 212.10' X
Remaining 24'min. n/a 24' X
length
50% max 12'min. 142' max 149' 8" X
Remaining 24' min. n/a 24' X
length
70% 5' 42' min.l54'
min.l90% min.l10' 49' X
max.
max. max.
Remaining 17'
min.l22' 11 ' 11' X
length max.
50% max 17'min. 30' max. 49' X
Remaining 29' min. 30' 0' (27' X
length proposed)
70% 5' 42' min.l54'
min.l90% min.l10' 49' X
max.
max. max.
Remaining 17'
min.l22' 11' 11' X
length max.
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 7
37' to 50% max 17'min. 30' max. 26'9" X
48'
Remaining 29' min. 30' 27'1" X
length
Finished 70% 5' 129'
grade to min.l90% min/10' min.l166' 98' X
max. max. max.
25' 17'
Remaining min.l22' n/a 29' X
length max.
25' to 50% max. 17' min. 92' max. 98' X
48'
Remaining 29' min. n/a 86' X
length
Finished 70% 5' 146'
min.l90% min/10' min.l188' 147' X
grade to max. max. max.
25' 17'
Remaining min.l22' n/a 28' X
length max.
25' to 50% max. 17' min. 104.5' max 82.5' X
48'
Remaining 29'min. n/a 28' X
length
10' min. 15' X
As noted in the table above, the proposed development does not comply with several of
the setback requirements. This table includes the setback requirements of LDR
Section 4.4.13(F)(3)(f), (h), and (i), for properties that front on Atlantic Avenue, corner
lots with Atlantic Avenue side street frontage, and streets other than Atlantic Avenue.
Since the three sections address the setback requirements, the waiver analysis has
been aggregated into one.
The applicant has submitted the following narratives (verbatim) in support of the
waivers:
Atlantic Avenue Frontage:
<t. .. The Site Plan currently being considered slightly varies for the LOR's requirements
for the setback at the corner of Atlantic Avenue and Gleason Street and at Atlantic
Avenue and Venetian Orive, the two corners of the site. It should be noted that the
structure substantially complies with the LOR's and certainly meets the spirit of the
LOR's. The minor differences were necessary in order to maintain symmetry and style
of the structure.
Regarding the specific waiver requested, we are seeking the following:
Table 4.4.13-1 provides that frontage for Atlantic Avenue for the levels 3 and 4 have
maximum setback of 12' for 50% of the structure. We are requesting a waiver to allow
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 8
for the 12' of setback to cover 52% of the frontage in order to have the rooms align with
the column arcade.
Table 4.4.13-1 provides that frontage for Atlantic Avenue for the levels 3 and 4 have
minimum remaining setbacks of 29'. We are requesting a waiver to allow for the
setback for levels 3 and 4 at the Venetian Drive and Gleason Street comers to have a
setback of 27' in order to align the wall face with a lower column and to open up both
corners to reduce massing..."
Corner Lots:
It... Table 4.4.13-1 provides that the setback requirements for buildings constructed on
Atlantic must maintain those requirements along the first 60 feet from Atlantic Avenue
along the other right of way (in this case, the first 60' along Gleason Street and
Venetian Drive). In this case, the required minimum setback on levels 3 and 4 would be
29'.
We are requesting a waiver to allow that the remaining frontage of the 60' 'wrap' - in
this case, 33' - that the setback at level 4 be reduced from 29' to 27' in order to have
level 4 align with the arcade column grid..."
Other Streets:
It. . . The Site Plan currently being considered slightly varies for the LDR's requirements in
several areas of the proposed structure. It should be noted that the structure
substantially complies with the LDR's and certainly meets the spirit of the LDR's. The
minor differences were necessary in order to construct
Regarding the specific waiver requested, we are seeking the following:
1. On levels 1 & 2 of the proposed structure, the LDRs provide, in Table 4.4. 13-2, that
for buildings without arcaded frontage, that the remaining length of the frontage (10%
to 30%) have a minimum of 17 feet of setback and a maximum of 22 feet of frontage.
We are requesting a waiver of this requirement for the following locations of the
proposed structure:
a. At Venetian Drive, on levels 1 & 2, the remaining length has a 28' setback.
This was done in order to provide a greater buffer to the residential project to the south
and to provide for an open pool area.
b. On Gleason Street, on level 3, we have provided of a setback of 29 feet. This
was done in order to allow tall trucks to access and drive through the loading drives
which have been provided.
2. Table 4.4. 13-2 provides that frontage for Gleason Street for the first two levels have
setbacks of a minimum of 5 feet and a maximum of 10 feet for 70%-90% of the
structure. We are requesting a waiver to allow for the setback of 10' for 53% of the
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 9
structure in order to accommodate an additional loading drive lane as requested by the
City.
3. Table 4.4.13-2 provides that frontage for Gleason Street for the levels 3 and 4 have
minimum setbacks of 17' for 50% of the structure. We are requesting a waiver to allow
for the setback for levels 3 and 4 to have a setback of 17.5' covering 53% of the
structure in order to accommodate have these level line up with the column arcade
below.
4. Table 4.4. 13-2 provides that frontage for Venetian Drive for the levels 3 and 4 have
minimum setbacks for the remaining frontage must be a minimum of 29'. We are
requesting a waiver to allow for a minimum setback on levels 3 and 4 of 28' 6" due to
the fact that the lot line curves in this area of the site..."
Waiver Analvsis:
As noted in the applicant's waiver justifications and in the table, the proposed waivers
are minor and will not have a substantial impact on the streetscape that was intended
by the new design guidelines. The proposed building will substantially have the same
massing as a building that is in full compliance. The applicant is correct in noting that
the setbacks relating to Venetian Drive will result in additional buffer, which will benefit
the less intense residential properties to the south. It is noted that compliance with the
design guidelines is made difficult by various reasons such as lot configuration,
structural requirements, provision of services areas (i.e., dumpsters, loading areas,
etc.), sight visibility, utilities, etc. The proposed building was designed to accommodate
these site issues, which resulted in minor departures from the design guidelines.
Similar circumstances on other properties would lead to the same conclusion.
Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5),
Waiver Findings.
Visibility at Intersections:
Pursuant to LDR Section 4.6.14(A)(1), a safe sight visibility triangle is required on both
sides of an accessway formed by the intersection of each side of the accessway and
the public right-of-way line with two sides of each triangle being 20 feet in length from
the point of intersection and third side being a line connecting the ends of the other two
sides. The columns supporting the upper stories encroach into the required visibility
triangle at the driveway along Venetian Drive.
The applicant has submitted the following narrative in support of the waiver:
It. . .Specifically, we request to allow columns in the 20' sight triangle requirements for
the parking garage drives on Venetian Drive.
As you know, by conforming to L.D.R. 4.4. 13(F) (3) (70% to 90% of the Venetian Drive
frontage must be between 5' and 10' setback) we experience conflicts with the required
sight triangles.
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 10
Accordingly, we request the following waiver:
1. At the south drive entrance there is a column on each side of the drive that is in the
sight triangle. However, as this is a one way entrance and the edge of pavement is 17'
west of the property line, the sight triangle is not serving any purpose at the required
locations. The relief from this requirement is merited because the columns do not block
views to pedestrians or vehicles in any manner.
2. At the north drive exit a column on the north side of the north exit is in the sight
triangle. This column does not adversely block views since it is situated on the right side
while making a right hand turn where the driver would be looking left. In addition, there
is a stop bar just west of the column as you go west. Once you stop at the stop bar you
are beyond the column and any obstruction it would cause..."
Waiver Analvsis:
As the applicant has indicated, the encroachment of the columns into the visibility
triangle at the southern entrance is not a significant concern since it is a one-way
entrance. The column along the north side of the one-way exit drive is approximately 2
feet by 2 feet and is located 10 feet from the property line. Drivers exiting the property
will have view corridors of vehicles and pedestrians before the column. Further, once
the vehicle stops prior to exiting the property, the driver will have unobstructed safe
views of southbound traffic given the 10-foot setback of the column. Similar
circumstances on other properties would lead to the same conclusion. Consequently,
positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings.
Technical Items: While the revised site plan has accommodated most of the staff
concerns, the following items remain outstanding and will need to be addressed
prior to building permit submittal, unless as otherwise stated.
1. That the visibility triangles are correctly noted on the plans as required per LDR
Section 4.6.14 following dedication of the right-of-way for Gleason Street prior to
certification of the site plan.
2. That FDOT permits are required for this project. Submit a copy of FDOT pre-
application letter to the City Engineer with a copy submitted to the Planning and
Zoning Department.
3. That 20-foot by 20-foot corner clip right-of-way dedications are provided at the
intersections of Atlantic Avenue and Gleason StreeWenetian drive (following
dedication of the 5-feet to Gleason Street) and that no building can be built within
this right-of-way, prior to certification of the site plan.
4. That the site is required to retain a 5 year 1 hour storm (3.2") in addition to meeting
water quality criteria (1 "). Provide signed and sealed drainage calculations to the
City Engineer and indicate how storm water will be retained on site. See LDR
Section 2.4.3(D)(4) and (7).
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 11
5. Indicate how existing drainage structure on Atlantic Avenue will be relocated.
6. Provide location of proposed street lights and address responsibility for installation
and maintenance prior to certification of the site plan.
7. Northbound Venetian Drive needs to have exclusive left and right turn lanes onto
East Atlantic Avenue and this must be so noted on the site plan prior to
certification.
8. That a hold harmless agreement for the encroachment of the light fixtures into the
Atlantic Avenue public right-of-way be approved and recorded prior to certification
of the site plan.
9. That a recorded copy of the plat and mylar be submitted prior to certification of the
site plan.
Pursuant to LDR section 4.6.16 (C) (1) (a), prior to the issuance of a building permit for
a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall
be assured through the review and approval of a landscape plan submitted pursuant to
Section 2.4.3 (C). A revised landscape plan has been submitted and evaluated by the
City Horticulturalist.
Landscape Technical Items: The following Landscape Plan items remain
outstanding, and will need to be addressed prior to building permit submission.
1. The Noronhia Trees along the east side of the property are too close to the
overhead lines. The lines will need to be placed underground or changed to another
species within the guidelines of FPL's Right Tree Right Place.
2. Provide a detail and cross section of the proposed 6' high privacy wall shown on the
south property line. Indicate width and depth of cantilevered footer. Specify
proposed plant materials along that area.
3. Per 4.6.16(E) xeriscape principles shall be utilized in landscape designs and
installations. Because sod is proposed in a few isolated areas toward the south end
of the site, it should be eliminated altogether and replaced with ground cover. This
would reduce long term maintenance on the site and it would bring the site into
compliance with xeriscape principles.
4. Per 4.6.16(D) (4) (a, b & c) the ultimate mature height and width of a tree to be
planted should not exceed the available overhead growing space. Tree species
shall be consistent with the recommendation in the most recent publication of
Florida Power and Light Company's "Plant the Right Tree in the Right Place". Trees
shall not be planted within ten (10) feet of any underground utilities. Trees shall
have non-invasive growth habits which will not interfere with adjacent
above/underground utilities. There appear to be conflicts between proposed trees
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 12
and various utilities. Apparently there are overhead lines along the south and east
sides of the property. In particular, there are Seagrape trees, Coconuts, Traveler
palms and Foxtail palms that are shown directly under or are too close to overhead
lines and pole anchors along the south perimeter of the site. A proposed Seagrape
tree shown within an island east of the loading area would be too close to overhead
lines. The symbol pointing to that tree indicates that there will be two Seagrape
trees but only one is shown. The proposed tree species in the areas just mentioned
shall be changed to comply with FPL requirements. Until the overhead lines are
shown, we can not be certain if there are any additional conflicts. All overhead lines
shall be shown on the landscape plan to easily identify potential conflicts.
5. There may not be enough space for the proposed planting that includes Coconuts,
Royals and other plant species shown along the south perimeter of the site,
adjacent to the pool area. The palms and hedge are shown extremely close to a
concrete wall with footer. In addition, please clarify why palms that are in "poor
condition" are being relocated instead of being replaced.
6. There is a discrepancy between the LS-1 and TR-1 plans. The TR-1 plan states
that the Coconuts in the end islands will be replaced. The landscape plan shows
Royals in those terminal islands. Please clarify.
It is noted that the revised landscape plan does not label the use of designated areas
divided by a bold boundary line. These areas are to be identified prior to permitting.
Landscaping changes include increased vegetation and variation in plant species along
the west property line to accommodate changes in the design of the lobby entrance and
to create a better buffer between the parking garage entrance and the streetscape.
Along the north property line, changes in the location of proposed vegetation have been
incorporated to accommodate the trolley stop. Along Gleason Street, vegetation has
been relocated to accommodate four (4) parallel parking spaces and an ingress
driveway for the loading area.
Proposed vegetation along the south property line primarily serves to create a buffer
between the six foot (6') privacy wall separating the pool and spa areas from adjacent
properties. Pool equipment, cooling towers and FPL transformers have also been
effectively screened.
Upon addressing the aforementioned remaining landscaping items, the proposed
development can be found in compliance with applicable requirements of LDR section
4.6.16.
Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the
Site Plan Review and Appearance Board, in the review of plans for building permits.
If the following criteria are not met, the application shall be disapproved.
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 13
1) The plan or the proposed structure is in conformity with good taste, good design,
and in general, contributes to the image of the City as a place of beauty,
spaciousness, harmony, taste, fitness, broad vistas, and high quality.
2) The proposed structure, or project, is in its exterior design and appearance of quality
such as not to cause the nature of the local environment or evolving environment to
materially depreciate in appearance and value.
3) The proposed structure, or project, is in harmony with the proposed developments in
the general area, with the Comprehensive Plan, and with the supplemental criteria
which may be set forth for the Board from time to time.
The proposed building consists of a four story hotel with retail and restaurant on the
ground floor along Atlantic Avenue, two retail spaces along the ground floor along
Gleason Street, a corner lobby at Atlantic Avenue and Venetian Drive and a small retail
space, a pool and a spa in the rear of the building.
The proposed building expresses a unity of character and design with the surrounding
neighborhood. It proposes a satin finish metal roof, white aluminum railings with
complementary white aluminum window and door frames, painted columns which
accent the wall color, patios with a dolphin centered as a decorative railing feature and
a smooth stucco finish.
On the ground floor, striped awnings accent the restaurant and retail shops, while
columns with arch panels create continuity between varying uses.
On upper level floors, the roof and balconies are supported by wood brackets, wood
trellis adds an accentual feature, and the patios extend from vertical columns on the
ground floor. Transition between the patios is created by louvered panels and shutters.
It is noted that striped awnings on windows on the upper level floors is only
incorporated in the west elevation. This element might be considered as well for
windows on the east and south elevations to provide a distinct decorative feature which
would enhance the aesthetic value of the walls. In order to create visual interest to
blank wall areas, these windows could be enlarged and provide variation in style and
treatment and this is attached as a condition of approval.
Based on the above, a positive finding with respect to LDR Section 4.6.18(E) can be
made.
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, written materials submitted by the applicant, the staff report, or
minutes. Findings shall be made by the body which has the authority to approve
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 14
or deny the development application. These findings relate to the following
areas:
LOR Section 3.1.1 (A) - Future Land Use Map:
The subject property has a Future Land Use Map (FLUM) designation of Commercial
Core (CC) and a zoning designation of CBD which are consistent with one another.
Pursuant to LDR Section 4.4.13(B), hotels, restaurant, and retail are allowed as
permitted uses in the CBD zoning district. Positive findings can be made with respect
to Future Land Use Map consistency based on the currently permitted use as a hotel,
restaurant, and retail. It is also noted, that while restaurants are permitted, restaurants
located within 300' of residentially zoned property that are open after midnight will
require conditional use approval.
LOR Section 3.1.1 (B) - Concurrency:
As described in Appendix "A", a positive finding of concurrency can be made as it
relates to water and sewer, streets and traffic, drainage, parks and recreation, schools,
and solid waste.
LOR Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions):
As described in Appendix "B", a positive finding of consistency can be made as it
relates to Standards for Site Plan Actions.
LOR Section 3.1.1 (D) - Compliance with the Land Development Regulations:
As described under the Site Plan Analysis section of this report, a positive finding of
compliance with the LDRs can be made when all outstanding items attached as
conditions of approval are addressed.
Comprehensive Plan Policies:
The following analysis regarding the Objectives and Policies of the Comprehensive
Plan is provided:
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 proposed development. The site is vacant and is located in
the Central Business District and will be developed in a manner consistent with that
zoning designation. The project will be complementary to the adjacent land uses
provided the conditions of approval are addressed, and will be a significant upgrade to
the area. The project fulfills the need for additional hotel rooms within the City.
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 15
HousinQ 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.
HousinQ Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
As noted previously, the patrons and users of this development will aid in the economic
stability of the downtown area. The introduction of an additional hotel type of
development in the area with 162 additional rooms will more likely improve the safety of
the area by introducing more night-time activity and more "eyes on the street" to
observe what is happening in the area, which will be a deterrent to criminal activity.
The proposed development, following the new Downtown Design Guidelines, has
increased the front and side-street setback for the third and fourth floors and created an
appealing pedestrian colonnade on the ground floor that wraps around both Gleason
Street and Venetian Drive. The result is that the visual perception of the massing of the
building along East Atlantic Avenue, Gleason Street and Venetian Drive will be
reduced. Based upon the above, the development proposal will be consistent with
Housing Policy A-12.3.
Future Land Use Element Objective C-4: The Central Business district (CBD)
represents the essence of what is Delray Beach i.e. a "village like, community by the
sea'~ The continued revitalization of the CBD is essential to achieving the overall
theme of the City's Comprehensive Plan of '~ City Set Apart In South Florida ". The
following policies and activities shall be pursued in the achievement of this objective:
Policv C-4. 1: The CBD zoning district regulations shall facilitate and encourage
rehabilitation and revitalization and shall, at a minimum, address the following:
o Deletion of inappropriate uses;
o Incentives for locating retail on the ground floor with office and residential use
on upper floors;
o Accommodating parking needs through innovative actions;
o Incentives for dinner theaters, playhouses, and other family oriented
activities;
o Allowing and facilitating outdoor cafes;
o Incentives for mixed use development and rehabilitation;
o Elimination of side yard setback requirements; and
o Allow structural overhang encroachments into required yard areas.
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 16
The development proposal will provide 162 hotel rooms of various floor plans and sizes,
6,395 sq.ft of retail floor area, 7,469 sq.ft of restaurant/kitchen area, and a 4,328 sq.ft.
spa area within the downtown area. The provision of these facilities will allow and
facilitate outdoor cafes, restaurants, and generate incentives for dinner theaters,
playhouses, and other family oriented activities. The patrons and users of the proposed
hotel will be able to walk to shops, restaurants, cultural areas and parks. They will
interact on a regular basis with storekeepers and employees. They will get to know and
enjoy the downtown area. They will play a major role as participants in, and
contributors to, the downtown area community. The Seagate Hotel development
proposal is consistent with Future Land Use Element Policy C-4.1 as it will facilitate the
continued and dynamic revitalization of the CBD zoning district.
Transportation Element Policy A-1.3: The City endorses the continued operations of
the Palm Tran Transit System and its operations in Delray Beach, and through policies
of this Element related to the TCEA, will coordinate with Palm Tran to improve the
system.
Given the potential impacts the proposed hotel development will have on the
surrounding road network and the location of a Palm Tran bus stop in close proximity to
the site, it is appropriate that the development contributes toward the provision of a bus
shelter at this location along Atlantic Avenue. Thus, it is attached as a condition of
approval that a contribution of $7,500 (approximately half the cost of a shelter) is paid
prior to issuance of a building permit for the development. Subject to this condition of
approval being addressed, the development will comply with Transportation Element
Policy A-1.3.
Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required
on all new development and redevelopment. Particular emphasis is to be placed on
development within the TCEA Area.
The development proposal has accommodated two bicycle parking facilities (i.e. bike
racks) on site along East Atlantic Avenue and Gleason Street. Based upon the above,
the development complies with Transportation Element Policy D-2.2.
Coastal ManaQement Element:
Goal Area "C": Development and redevelopment in the Coastal Planning Area
shall be compatible with the existing character of the area, and shall provide for a
sensitive balancing of the needs for economic development, redevelopment, and
environmental protection.
Obiective C-3: The development of vacant and under-developed land on the
barrier island shall occur in a manner which does not change the character,
intensity of use, or demand upon existing infrastructure in the Coastal Planning
Area, as dictated in the following policies:
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 17
Policy C-3.2: There shall be no change in the intensity of land use within the
barrier island and all infill development which does occur shall connect to the
City's storm water management system and sanitary sewer system.
The development promotes economic growth in the downtown area and is consistent
with the character of the tourist-oriented commercial development within this area of the
Central Business District. It will provide needed hotel rooms within the City, which will
serve the local beach community and tourists. This site has a Commercial Core Future
Land Use Map designation and no change in the intensity of land use designation is
proposed. The proposal provides for connections to the City's storm water
management system and sewer system.
LOR Section 2.4.5(F) (5) - Compatibility (Site Plan FindinQs): The approving body
must make a finding that development of the property pursuant to the site plan
will be compatible and harmonious with adjacent and nearby properties and the
City as a whole, so as not to cause substantial depreciation of property values.
The following table identifies the zoning designations and uses that are adjacent to the
subject property:
North
Zonin :
Central Business District (CBD)
West
Use:
Spanish River Resort - Residential
Inn Marriot
Multiple Family Residential (John
Reid's Villa e
Retail Commercial (Snappy Turtle
et.a!.
Waterwa East Commercial Condo
South Multiple Family Residential- Medium
Densit RM
East Central Business District (CBD)
Compatibility is not a concern, as similar uses exist on the surrounding properties. The
proposed improvements will enhance the area and should have a positive effect on
property values in the area.
The Downtown Master Plan addresses the need for this property to be in-filled. The
Plan also identifies the possibility of having public type uses (restaurant/bar and/or
service/retail) fronting on East Atlantic Avenue. The Visions 2010 Assembly report
identifies the need for a hotel east of 1-95. The proposed improvements fulfill the need
for this property to be in-filled and it provides for yet another hotel east of 1-95. The
introduction of a new hotel in this area will provide for the desired accommodations for
tourists and visitors alike.
The development proposal will significantly enhance the aesthetics of the subject
property, unifying the parcels under a single development. Further, the neighborhood
and the downtown as a whole will benefit by the inclusion of a new hotel development.
Based on the above, the development will be compatible and harmonious with adjacent
properties.
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 18
Community Redevelopment AQencv (CRA):
At its meeting of December 14, 2006, the Community Redevelopment Agency (CRA)
reviewed the development proposal and recommended approval of the Class V site
plan.
Downtown Development Authority (DDA):
At its meeting of December 11, 2006, the Downtown Development Authority (DDA)
reviewed the development proposal and recommended approval of the Class V site
plan.
Courtesy Notices:
Courtesy notices have been sent to the following homeowner's and/or civic
associations:
~ Progressive Residents of Delray (PROD)
~ President's Council
~ Delray Beach Chamber of Commerce
~ Beach Property Owners Association
~ Via Marina Owners Association
~ Grove Condo
~ Beach Cabana Condos
~ Casa La Brisa
~ John Reid's Village
~ Neighborhood Advisory Council
Letters of objection or support, if any, will be presented at the Site Plan Review and
Appearance Board (SPRAB) meeting.
The development proposal is located within the downtown Central Business District
(CBD) and includes 162 hotel rooms with varying floor plans and sizes, four (4) retail
spaces totaling 6,395 square feet, a 5,065 square foot restaurant, a 2,404 sq. ft.
kitchen, 3,183 square feet of meeting space, a 4,328 square foot spa, a parking garage
with more than 300 spaces and a swimming pool for hotel guests.
As a mixed use hotel development, the proposal will be consistent with LDR Section
3.1.1 and Section 2.4.5(G)(5) of the Land Development Regulations, and policies of the
Comprehensive Plan. Compliance with the Land Development Regulations will be
obtained provided the conditions of approval are addressed. Approval is recommended
based on the permitted hotel use.
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 19
A. Postpone with direction.
B. Move approval of the request for waivers, Class V site plan, landscape plan, and
architectural elevations for Seagate Hotel on Atlantic, by adopting the findings of
fact and law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Sections 2.4.5(F)(5), 2.4.7(B)(5), and Chapter 3 of the Land Development
Regulations, subject to the attached conditions of approval.
C. Move denial of the request for waivers, Class V site plan, landscape plan, and
architectural elevations for Seagate Hotel on Atlantic, by adopting the findings of
fact and law contained in the staff report, and finding that the request is inconsistent
with the Comprehensive Plan and does not meet criteria set forth in Sections
2.4.5(F)(5), 2.4.7(B)(5), and Chapter 3 of the Land Development Regulations.
By Separate Motions:
Waiver:
1. Recommend to the City Commission approval of the waiver to LDR Section
4.4.13(F)(3)(i), which requires building setbacks for properties located within the
Central Business District that have frontage on streets other than Atlantic Avenue,
based on a positive finding with respect to LDR Section 2.4.7(B)(5).
2. Recommend to the City Commission approval of the waiver to LDR Section
4.4.13(F)(3)(f), which requires building setbacks for properties located within the
Central Business District that have frontage on Atlantic Avenue, based on a positive
finding with respect to LDR Section 2.4.7(B)(5).
3. Recommend to the City Commission approval of the waiver to LDR Section
4.4.13(F)(3)(h), which requires building setbacks for corner lots with Atlantic Avenue
side street frontage, the first 60 feet of the building, taken from the Atlantic Avenue
property line, based on a positive finding with respect to LDR Section 2.4.7(B)(5).
4. Approve the waiver to LDR Section 4.6.14(A), which requires 20-foot visibility
triangles at the intersections of a public right-of-way and driveway, based on a
positive finding with respect to LDR Section 2.4.7(B)(5).
Site Plan:
Approve the Class V site plan for Seagate Hotel on Atlantic, by adopting the findings
of fact and law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to
the following conditions:
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 20
1. That the site plan is revised to address the site plan technical items and that four
sets of site plans are submitted.
2. That that the applicant provides a left-turn lane along Venetian Drive and submit
construction plans to the City Engineer.
3. That signage designating those accessory uses allowed in conjunction with a hotel
shall be prohibited from being attached to the outside of the hotel unless such
signage is approved as part of a conditional use approval, and that this be noted on
the plan.
4. That the maximum height of the light pole and fixture not exceed 25 feet and that
the elevation detail be revised accordingly.
5. That the illumination levels in the vehicular areas are reduced to a maximum of 4
foot candles.
6. That a 5-foot dedication be provided along Gleason Street prior to certification.
7. That the 5-foot sidewalk along Gleason Street be extended to the south end of the
property within the area to be dedicated and that it is extended through the
driveways.
8. That the development provide signage at the Atlantic Avenue entrance directing
visitors to the ADA compliant entrances.
9. That a contribution of $7,500 (approximately half the cost of a shelter) is paid prior
to issuance of a building permit.
Landscape Plan:
Approve the request for landscape plan approval for Seagate Hotel on Atlantic, 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 4.6.16 of the Land Development Regulations, subject to the following
conditions:
1. Address all Landscape Technical Items and submit three (3) copies of the revised
plans;
Elevations:
Approve the request for architectural elevations for Seagate Hotel on Atlantic, by
adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets
criteria set forth in Section 4.6.18(E) of the Land Development Regulations, subject to
the following condition:
SPRAB Staff Report
Class V Site Plan, Landscape Plan, and Building Elevations for Seagate Hotel on Atlantic
Page 21
1. That the windows along the east and south elevations be enlarged and provide
variation in style and treatment.
Attachments:
. Appendix A
. Appendix B
. Site Plan
. Landscape Plan
. Building Elevations
Report prepared by: PlanninQ and ZoninQ Staff
Pursuant to LOR Section 3.1.1(8), Concurrency, as defined pursuant to Objective B-2 of the Land
Use Element of the Comprehensive Plan, must be met and a determination made that the public
facility needs of the requested land use and/or development application will not exceed the ability
of the City to fund and provide, or to require the provision of, needed capital improvements for the
following areas:
Water and Sewer:
. Water service will be provided via a service lateral connection to the existing 16" water main within
the E. Atlantic Avenue right-of-way.
. Sewer service will be provided via a service lateral connection to the existing 8" sewer main within
Gleason Street R-O-W.
Adequate fire suppression exists via existing fire hydrants at the northeast and southwest corners of the
property adjacent to Gleason Street and Venetian Drive. Two additional fire hydrants are proposed at the
northwest and southeast corner of the property along Venetian Drive and Gleason Street.
No water or sewer main extensions and/or upgrades are required with this development. 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.
Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception
Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business
Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County
Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency
purposes; however, a traffic statement is necessary to keep a record of trips approved in the TCEA and
for calculation of traffic impact fees. A traffic statement was submitted for the generation of 79 AM peak
hour trips. During the PM peak hour, the proposed project is anticipated to add approximately 34 new
trips to the transportation network.
Parks and Open Space: The 162 additional rooms will not have a significant impact with respect to level of
service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2(C), Impact
Fee Required, whenever a development is proposed upon land which is not designated for park purposes
in the Comprehensive Plan, impact fee of $500.00 per dwelling unit (including hotel rooms) will be
collected prior to issuance of building permits for each unit. Thus, an impact fee of $81,000 will be
required of this development.
Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the County
at its current LOS of 7.2 pounds per day per capita for the life of the existing landfill (approximately 2021).
Based upon the Solid Waste Authority's trash generation rates, trash generated each year by the
proposed 207,300 sq. ft. hotel will be approximately 288.7 tons [207,300 ft. x 4.7 Ibs. = 974,310 Ibs/2,OOO
= 487.155 tons]. Since the total trash generated by this proposal can be accommodated by existing landfill
facilities, a positive finding with respect to this level of service standard can be made.
DrainaQe: Drainage will be accommodated via floor drains on the third floor, second floor, first floor, and
ground floor level of the parking garage that would then drain to an exfiltration trench system. Therefore,
there appears to be no problems anticipated in accommodating on-site drainage; however, the
Engineering Department does have technical comments regarding drainage that will need to be
addressed before issuance of a building permit. Based upon the above, positive findings with respect to
this level of service standard can be made.
Schools: The proposed 162 hotel development does not have an impact on the public school system as
this standard does not apply to non-residential/commercial uses.
A. Building design, landscaping, and lighting (glare) shall be such that they do
not create unwarranted distractions or blockage of visibility as it pertains to
traffic circulation.
Not applicable I
Meets intent standard X (Subject to the condition that the illumination levels
are reduced in the vehicular circulation areas)
Does not meet intent
B. Separation of different forms of transportation shall be encouraged. This
includes pedestrians, bicyclists, and vehicles in a manner consistent with
policies found under Objectives D-1 and D-2 of the Transportation Element.
Not applicable I I
Meets intent of standard I X
Does not meet intent I
C. Open space enhancements as described in Policies found under Objective B-1
of the Open Space and Recreation Element are appropriately addressed.
Not applicable X
Meets intent of standard
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that
the widening or modification will be detrimental and result in a degradation of
the neighborhood, the project shall not be permitted.
Not applicable X
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be
planned in a manner which is consistent with adjacent development
regardless of zoning designations.
Not applicable X
Meets intent of standard
Does not meet intent
F. Property shall be developed or redeveloped in a manner so that the future use
and intensity are appropriate in terms of soil, topographic, and other
Appendix B
Standards for Site Plan Actions
Page 2
applicable physical considerations; complementary to adjacent land uses; and
fulfills remaining land use needs.
Not applicable 1 1
Meets intent of standard I X I
Does not meet intent I
I
G. Redevelopment and the development of new land shall result in the provision
of a variety of housing types which shall continue to accommodate the diverse
makeup of the City's demographic profile, and meet the housing needs
identified in the Housing Element. This shall be accomplished through the
implementation of policies under Objective B-2 of the Housing Element.
H. The City shall consider the effect that the proposal will have on the stability of
nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it
is determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
X
I. Development shall not be approved if traffic associated with such
development would create a new high accident location, or exacerbate an
existing situation causing it to become a high accident location, without such
development taking actions to remedy the accident situation.
Not applicable
Meets intent of standard
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler to teens, shall be
a feature of all new housing developments as part of the design to
accommodate households having a range of ages. This requirement may be
waived or modified for residential developments located in the downtown
area, and for infill projects having fewer than 25 units.
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SEAGATE HOTEL on ATLANTIC
LOCATION MAP
CITY Of OELRA Y BEACH, FL
PLANNING & ZONING DEPARTlAENT
ImI SUBJECT PROPERTY
-- DIGITAL BASE MAP SYSTEM --
MAP REF: LM982
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR SEAGATE HOTEL ON ATLANTIC
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
February 6,2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for Seagate Hotel on
Atlantic. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection I.
I. WAIVERS:
(A). Pursuant to LDR Section 4.4.13(F)(3)(f), building frontage and setbacks for
properties fronting on Atlantic Avenue or A-1-A shall comply with Table 4.4.13-1. The
applicant has requested the following waiver -
Table 4.4.13-1 provides that frontage for Atlantic Avenue for the levels 3
and 4 have maximum setback of 12' for 50% of the structure. We are
requesting a waiver to allow for the 12' of setback to cover 52% of the
frontage in order to have the rooms align with the column arcade.
Table 4.4.13-1 provides that frontage for Atlantic Avenue for the levels 3
and 4 have minimum remaining setbacks of 29'. We are requesting a
waiver to allow for the setback for levels 3 and 4 at the Venetian Drive and
Gleason Street corners to have a setback of 27' in order to align the wall
face with a lower column and to open up both comers to reduce
. n
massing...
(B). Pursuant to LOR Section 4.4.13(F)(3)(h), for corner lots with Atlantic Avenue side
street frontage, the first sixty feet (60') of the building, taken from the Atlantic Avenue
property line, or if a dedication is required, from the resulting property line after
dedication shall comply with Table 4.4.13-1. The applicant has requested the following
waivers -
1. .....Table 4.4.13-1 provides that the setback requirements for buildings
constructed on Atlantic must maintain those requirements along the first
60 feet from Atlantic Avenue along the other right of way (in this case, the
first 60' along Gleason Street and Venetian Drive). In this case, the
required minimum setback on levels 3 and 4 would be 29'. We are
requesting a waiver to allow that the remaining frontage of the 60' 'wrap' -
1
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~~~~:-~~.~
in this case, 33' - that the setback at level 4 be reduced from 29' to 27' in
order to have level 4 align with the arcade column grid..."
2. To allow 49' rather 30' within 17' of the property lines within the first 60'
of Gleason Street.
(C). Pursuant to LDR Section 4.4.13(F)(3)(i), building frontage and setbacks for
properties fronting on streets other than Atlantic Avenue or A-1-A shall comply with
Table 4.4.13-2. The applicant has requested the following waiver-
1. On levels 1 & 2 of the proposed structure, the LDRs provide, in Table
4.4.13-2, that for buildings without arcaded frontage, that the remaining
length of the frontage (10% to 30%) have a minimum of 17 feet of
setback and a maximum of 22 feet of frontage. We are requesting a
waiver of this requirement for the following locations of the proposed
structure:
a. At Venetian Drive, on levels 1 & 2, the remaining length has a 28'
setback. This was done in order to provide a greater buffer to the
residential project to the south and to provide for an open pool area.
b. On Gleason Street, on level 3, we have provided of a setback of 29
feet. This was done in order to allow tall trucks to access and drive
through the loading drives which have been provided.
2. Table 4.4.13-2 provides that frontage for Gleason Street for the first
two levels have setbacks of a minimum of 5 feet and a maximum of 10
feet for 70%-90% of the structure. We are requesting a waiver to allow for
the setback of 10' for 53% of the structure in order to accommodate an
additional loading drive lane as requested by the City.
3. Table 4.4.13-2 provides that frontage for Gleason Street for the levels
3 and 4 have minimum setbacks of 17' for 50% of the structure. We are
requesting a waiver to allow for the setback for levels 3 and 4 to have a
setback of 17.5' covering 53% of the structure in order to accommodate
have these level line up with the column arcade below.
4. Table 4.4.13-2 provides that frontage for Venetian Drive for the levels 3
and 4 have minimum setbacks for the remaining frontage must be a
minimum of 29'. We are requesting a waiver to allow for a minimum
setback on levels 3 and 4 of 28' 6" due to the fact that the lot line curves
in this area ofthe site..."
5. To allow a proposed building setback for the first and second floors of
29' rather than 17'-22' for the remaining length along Gleason Street that
is not included in the 60' wrap.
Pursuant to LOR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
2
(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 to Section 4.4.13(F)(3)(f) meet all the requirements of
2.4.7(B)(5)?
Yes No
Does the waiver request to Section 4.4.13(F)(3)(h) meet all the requirements of
2.4.7(B)(5)?
Yes No
Does the waiver request to Section 4.4.13(F)(3)(i) meet all the requirements of
2.4.7(B)(5)?
Yes No
3. The City Commission has applied the Comprehensive Plan and LDR
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 LOR Sections 4.4.13(F)(3)(i), 4.4.13(F)(3)(f) and
4.4.13(F)(3)(h).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6th day of February, 2007, by a vote of in favor and
opposed.
ATTEST:
Jeff Perlman, Mayor
Chevelle Nubin, City Clerk
3
Community
Improvement
~
Mell10
From:
David Harden, City Manager
Lula Butler, Director, Community Improvement c6
February 1, 2007
Waiver to Section 4.7.12 Other Incentives - Workforce Housing
To:
Date:
Re:
ITEM BEFORE THE COMMISSION:
City Commission waiver of requirements to Sections 4.1.4(0) and 4.7.12, Other Incentives,
governing the use of 40-foot lots under the Workforce Ordinance for two (2) parcels submitted for
permitting by the Community Land Trust. The properties are located at 220 SW 4th Avenue and
214 NW 8th Avenue.
BACKGROUND:
The Workforce Housing Ordinance was amended in April 2006 to include an incentive added to
induce the construction of workforce housing units in the City. Lots of record that have at least 40
feet of frontage may be used, as long as the workforce unit meets the typical designs represented
by the sketches set forth in Section 4,7.12 and the additional requirements of Section 4.1.4(0) as
well as other applicable code provisions are met. Under this section, housing units constructed
on 40-foot lots must include rear access via an alley, if available, and contain certain design
features that are prescribed within the language of the ordinance.
The two units submitted for permitting do not meet the requirements specified under Section
4.1.4(0) and 4.7.12. Both units are designed to have the garage access from the street; the
alleys at both locations are adjacent and unimproved. The units proposed to be constructed are
not consistent with the designs and sketches specified in the approved Workforce Ordinance.
The Community Land Trust (CL T) has indicated that the designs contained within the ordinance
will substantially increase the cost of the construction, making the units less affordable.
Staff believes it is now necessary to revisit this section of the Workforce Ordinance and put forth
the appropriate amended language that will reasonably facilitate the use of the 40-foot lots of
records under the affordable housing initiative.
Section 2.4,7(B)(5) allows the City Commission to consider the waiver request with a finding of
fact that the granting of the relief does not diminish the practical application of the affected
regulation (requirement) and that by granting such relief a superior development product will
result. The formal letter requesting a waiver is attached,
RECOMMENDATION:
Staff is recommending City Commission waivers to Section 4.1.4(0) and Section 4.7.12 of the
Land Development Regulations governing the use of 40-foot lots associated with Workforce Units
with a finding of fact pursuant to Section 2,4.7(B)(5).
q.~
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
WAIVER REQUEST FOR WORKFORCE HOUSING LOTS
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
February 6,2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the workforce
housing lots located at 220 SW 4th Avenue and 214 NW 8th Avenue. 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 4.1.4(D) workforce housing units with forty (40) feet of
frontage must meet the typical designs represented by the sketches set forth in Section
4.7.12(a); must include rear access via an alley, if available; and must also contain
design features such as, but not limited to, front porches, eyebrows, outriggers, gables,
dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco
finishes, undulating facades and other such appropriate architectural features. The
applicant has requested a waiver from these requirements.
Pursuant to LDR Section 4.7.12 lots of record that have at least 40 feet of frontage
may be used for workforce housing, as long as the workforce housing unit meets the
typical designs represented by the sketches set forth in this section and the additional
requirements of 4.1.4(D). The applicant has requested a waiver from this section.
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 waiver request to Section 4.1.4(D) meet all the requirements of 2.4.7(B)(5)?
Yes No
1
Does the waiver request to Section 4.7.12 meet all the requirements of 2.4.7(B)(5)?
Yes No
3. The City Commission has applied the Comprehensive Plan and LDR
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 4.1.4(D) and 4.7.12.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6th day of February, 2007, by a vote of in favor and
opposed.
ATTEST:
Jeff Perlman, Mayor
Chevelle Nubin, City Clerk
2
February 1,2007
Lula Butler, Director
Community Improvement Dept.
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
RE: Waiver Request - LDR Section 4.7.12 and 4.1.4(D)
Dear Lula,
I am writing to request your assistance in obtaining relief from the LDR Section 4.7.12
and 4.1.4(D) requirement as relates to the development of workforce housing on forty
(40) foot lots. As you are aware, several of the lots that the DBCL T obtained from the
City and the CRA are in that category. It is our intent to construct permanently
affordable homes on those lots, consistent with the intent of the ordinance. However, the
home models required by the Code limit our ability to build homes that are both
affordable in cost and compatible with the character of the existing neighborhoods. We
have worked with several local homebuilders to come up with plans that better fit the
sometimes odd shaped lots and that are designed to be consistent with and/or enhance the
architectural character of the neighborhoods in which they are located.
I personally participated on the steering committee that developed the ordinance and I
understand and appreciate the intent associated with the inclusion of the specific models.
However, that portion of the code has proven to be impractical, and could actually add to
the cost of affordable housing development and conflict with our intent to preserve the
existing character of our neighborhoods. We are fully committed to the development of
well designed and constructed homes to contribute to the City's affordable housing stock.
I would greatly appreciate your assistance in this matter.
Respectfully',
/
oseph . Gray
Executive Director
Delray Beach Community Land Trust
141 SW 12th Avenue Delray Beach, FL 33444 (561) 243-7634 www.delravlandtrust.orQ
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Date: February 1,2007
Agenda Item No.
q.D
AGENDA REQUEST
Agenda request to be placed on:
_X_Regular _ Special
_ Workshop
Consent
When: February 6, 2007
Description of Agenda Item:
Waiver to Section 4.7.12 Other Incentives - Workforce Housing
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
~
~ .-
--~
City Attornev Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives: (if applicable)
Account # & Description:
City Manager Review:
Approved for agenda: ~ No ~;e/l,
Hold Until: U V I
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
FROM:
SUBJECT:
DA~ T. HA!iN CITY MANAGER
r~ .
PA~L ~ORLlNG, P, DIRECTOR OF PLANNING & ZONING
~~, PARKING MANAGEMENT SPECIALIST
MEETING OF FEBRUARY 6, 2007 - REGULAR AGENDA
APPROVE A REQUEST FROM INTELETRAVEL FOR THE PURCHASE
OF TWO (2) IN-LIEU PARKING SPACES
TO:
THRU:
Inteletravel, located at 209 North Swinton Avenue, has submitted a request for the purchase of two (2) in-
lieu parking spaces to accommodate a conversion of use from residential to office. The existing 930
square foot single family home is located in the Old School Square Historic Arts District (OSSHAD),
Pursuant to Land Development Regulations (LDR) Section 4.4,24(G)(4), all non-residential uses, except
for restaurants, shall provide one (1) parking space per 300 square feet of total new or existing floor area
being converted to non-residential use. The proposed 930 square foot conversion requires four parking
spaces (930 I 300 = 3.1 which rounds up to 4 spaces), Due to site constraints and the nature of lot
configurations in this historic area, the applicant is only able to provide two (2) of the four (4) spaces
required,
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,"
Consequently, the applicant is requesting the purchase of two (2) in-lieu spaces, at a cost of $7,800 per
space. The total fee of $15,600 will be paid via an In-Lieu of Parking Fee Agreement in accordance with
LDR Section 4.6,9(E)(3)(d),
The long standing intent of the OSSHAD zoning district is to allow for these types of conversions to
maintain the historic structures and neighborhoods. This structure, constructed in 1939, is a contributing
structure in the neighborhood. Objective A-4 of Future Land Use Element of the Comprehensive Plan
calls for the preservation of historic resources when redeveloping land and buildings,
In consideration of the aforementioned, staff recommends approval of the applicant's request.
The Parking Management Advisory Board and the Community Redevelopment Agency, at their
respective meetings of January 23 and 25, 2007, each unanimously recommended approval of the
applicant's request.
By motion, approve the request from Inteletravel for the purchase of two (2) 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.
q.[
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
IN LIEU PARKING FEE REQUEST FOR INTELETRAVEL
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1 . This in lieu parking fee request has come before the City Commission on
February 6, 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
Inteletravel. 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 LDR Section 4.6.9(E)(3), when additional parking is required for a change
of use and it is impossible or inappropriate to provide such parking the City Commission
may approve the payment of an in lieu fee rather than provide the required parking.
Does the In Lieu Parking Fee request for two spaces meet the requirements of LDR
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.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
1
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves _
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 6th day of February, 2007, by a vote of in favor and
opposed.
ATTEST:
Jeff Perlman, Mayor
Chevelle Nubin, City Clerk
2
CORRECTED MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGEfj);)
AGENDA ITEM # - REGULAR MEETING OF FEBRUARY 6.2007
REJECTION OF BIDS/BEXLEY TRAIL COMMUNITY PARK
IMPROVEMENT PROJECT
TO:
SUBJECT:
DATE:
FEBRUARY 5, 2007
This is before City Commission for authorization to reject all bids received for the 2004-060 Bexley
Trail Community Park Improvements Project and authorize staff to re-bid the project.
The apparent low bidder did not meet the City's bonding requirements, and the only other bid
received was $177,289.05 higher, than the low bid.
Recommend approval of the request to reject all bids received for the Bexley Trail Community Park
Improvements Park Project and authorize staff to re-bid the contract.
S:\City Oerk\AGENDA COVER MEMOS\City Maruiget' Memos\CM Rejection of Bids Bexley trail Community Park Impnnt Project Corrected 02.06,07.da<:
/feft1
CI. F
MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
~
CI1Y MANAGER
AGENDA ITEM # _' F - REGULAR MEETING OF FEBRUARY 6,2007
REJECTION OF BIDS/BEXLEY TRAIL COMMUNITY PARK
IMPROVEMENT PROJECT /
TO:
FROM:
DATE:
FEBRUARY 2, 2007
This is before City Commission for authorization to reject all bids received for the 2004-060 Bexley
Trail Community Park Improvements Project and authorize staff to re-bid the project.
The apparent low bidder did not meet the City's bonding requirements, and the only other bid
received was $177,289.05 higher than the low bid.
Recommend approval of the request to reject all bids received for the Bexley Trail Community Park
Improvements Park Project and authorize staff to re-bid the contract in August, 2006.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\CM Rejection of Bids Bexley trail Community Park Impnnt Project 0206,07,doc
MEMORANDUM
FROM:
David T. Harden, City Manager t7 l ~
Richard C. Hasko, Environmental Services Director ~
Carolanne Kucmerowski, Construction Management TeChnician@
TO:
THRU:
SUBJECT:
AGENDA ITEM - CITY COMMISSION MEETING OF FEBRUARY 6. 2007
REJECTION OF BIDS/BEXLEY TRAIL COMMUNITY PARK
IMPROVEMENTS PROJECT
DATE:
January 12, 2007
This item is before the Commission for authorization to reject all bids received for the 2004-060 Bexley
Trail Community Park Improvements Project and authorize staff to re-bid the project.
On Friday, November 10, 2006, the City opened bids for the Bexley Trail Community Park
Improvements Project. Only two (2) bids were received. Welling Construction, Inc. was the apparent
low bidder at $787,710.15 but, Welling did not submit/complete the City's required performance and
payment bond forms; their bonding company would only provide Welling with a conditional bid bond
due to the wording of the City's performance and payment bonds. The second bid received was from
West Construction, Inc. at $964,999.20. A copy of the bid tabulation is attached for your review.
As a result of the apparent low bidder's inability to acquire performance and payment bonds per the
City's requirements, and theonly other responsive bidder is $177,289.05 higher, staff is requesting that
the City reject all bids for this project.
The City Attorney's Office is currendy re-evaluating the terminology and requirements set forth in our
bond forms.
Staff recommends approval of the rejection of all bids received for the 2004-060 Bexley Trail
Community Park Improvements Project and authorize staff to re-bid this project after the bond forms
have been re-evaluated.
cc: Richard Hasko; Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero; Dep, Director of Construction, ESD
Agenda File 02/06/07
File 2004-060 (A)
S:\EngAdminIProjecls\2004\2004-060\OFFICIALlReject Bids Agda Mem GC 020607.doc
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AGENDA REQUEST
Agenda Item NO.9..J-
DATE: January 12, 2007
Request to be placed on:
--1L- Consent Agenda
Regular Agenda
Special Agenda
Workshop Agenda
WHEN: FEBRUARY 6. 2007 Commission Meeting
Description of item (who, what, where, how much):
This item is before the Commission for authorization to reject all bids received for the 2004-060 Bexley Trail
Community Park Improvements Project and authorize staff to re-bid the project.
On Friday, November 10, 2006, the City opened bids for the Bexley Trail Community Park Improvements Project.
Only two (2) bids were received. Welling Construction, Inc, was the apparent low bidder at $787,710.15 but,
Welling did not submit/complete the City's required performance and payment bond forms; their bonding company
would only provide Welling with a conditional bid bond due to the wording of the City's performance and payment
bonds, The second bid received was from West Construction, Inc. at $964,999.20. A copy of the bid tabulation is
attached for your review.
As a result of the apparent low bidder's inability to acquire performance and payment bonds per the City's
requirements, and the only other responsive bidder is $177,289.05 higher, staff is requesting that the City reject all
bids for this project.
The City Attorney's Office is currently re-evaluating the terminology and requirements set forth in our bond forms.
ORDINANCE/RESOLUTION REQUIRED: NO
Recommendation:
Staff recommends approval of the rejection of all bids received for the 2004-060 Bexley Trail Community Park
Improvements Project au orize staff to re-bid this project after the bond forms have been re-evaluated.
~ ~ t,./-o
Department Head
Signature:
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available N/A
Funding alternatives
Account No. & Description:
(if applicable)
City Manager Review: y:))
Approved for agenda: ~~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2004\2004-060\OFFICIAL\R~ect Bids Agd Reg GC 020607.OOc
RECEIVED;9
()
JAN 2 5 2001
CITY MANAGE .
e
MEMORANDUM
~()
THROUGH:
Joe Weldo
!rector of Parks and Recreation
TO:
SUBJECT:
Alberta Ga , Project Coordinator ttjt
Western Community Center Naming Contest
FROM:
DATE:
January 23,2007
For your review the Park Naming Committee, Rodger Ribeiro, Tom Kwiatek, Danielle
Beardsley, Melissa Kaminiecki, Abby Murrell, Bob Taylor and Alberta Gaum, has
selected three finalists for the Western Community Center Naming Contest. There were
254 applications submitted and each committee member was given a copy of the
proposed name and a brief explanation. No names or addresses were visible. Each
member was requested to select 15 applications and from that selection the committee
voted until the three finalists were chosen. Following are the selected names:
The Delray Beach Family Recreation & Fitness Center
Delray Beach Community L.I.F.E.(Leisure Interaction Fitness Education) Center
Delray Omni Center
The final step is for the City of Delray Beach Commissioners to select I st, 2nd and 3rd
place which will be announced at a City Commission meeting.
Attached please find a list of all the names submitted.
If you have any other questions, please call me.
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MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER oM
AGENDA ITEM # ct.lf - REGULAR MEETING OF FEBRUARY 6, 2007
MARLOWE AND COMPANY/PROPOSAL FOR FEDERAL LOBBYING
SERVICES
TO:
SUBJECT:
DATE:
FEBRUARY 2, 2007
This item is before the City Commission for consideration of a proposal from Marlowe and Company
to provide federal lobbying services for the City.
The City has secured lobbying services for state issues, but not for federal. Marlowe and Company
specializes in federal lobbying for public entities, and they have been successful in obtaining funding
for other jurisdictions in Florida.
A proposal from Marlowe and Company is attached. The estimated fee for their services is $45,000
to $60,000 per year. The fee amount would be finalized once the City's list of federal lobbying issues
is identified.
Requests for federal funding will be due in late February or early March. If the Commission desires to
pursue an agreement with Marlowe and Company, Mr. Marlowe may be able to attend the
Commission workshop meeting on February 13 to discuss his services and the federal issues that are
important to the City. Any direction from the Commission regarding important issues for federal
lobbying can also be communicated to Mr. Marlowe in advance of the February 13 meeting.
Staff recommends Commission consideration of the proposal with Marlowe and Company for federal
lobbying services.
S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\city manager's memo Proposal from Marlowe and Company.0206.07.doc
MARLOWE & COMPANY
Government Affairs Consultants
Washington, DC
Proposal to Provide
Federal Lobbying Services
to the
City of Delray Beach, Florida
?K
~
1667 K Street, NW . Suite 480 . Washington, DC 20006 . (202) 775-1796 . Fax (202) 775-0214
e-mail: marlowe4l>marloweco.com. www.marloweco.com q H
/
..
MARLOWE & COMPANY
Government Affairs Consultants
Washington, DC
December 15, 2006
Doug Smith
Assistant City Manager
City of Delray Beach
100 NW 1 st Street
Delray Beach, FL 33444
Dear Doug:
Thank you for meeting with me last week to discuss how Marlowe & Company can help
the City in Washington, DC. After our conversation, we have prepared the following proposal
based on the items we discussed you so may understand exactly how we would help the City.
Marlowe & Company, LLC proposes to provide Delray Beach with complete and
comprehensive federal government affairs representation, including - but not limited to -
direct lobbying services, strategic planning, a constant flow of information and analysis of
federal events, briefings, and other aid for the effective achievement of goals set by the City in
coordination with Marlowe & Company.
For more than two decades, Marlowe & Company has provided effective, results-driven
representation in Washington, D.C. for government entities from across the country. Our clients
value our distinctive service, which is built on a solid foundation of knowledge and results. At
the heart of every relationship with our clients is the personalized service that makes Marlowe &
Company unique in Washington. We provide the level of attention and advocacy that you need
in order to succeed in today's competitive environment.
Marlowe & Company's sole commitment is to serving public entities. We know how
important it is for government officials to show taxpayers that their investment in federal
legislative consulting services has paid off. Therefore, we operate with a level of transparency
that enables our clients to know what we are doing on their behalf while being effective partners
in our work. We also know the many pressures faced by government staff and are used to taking
work off their hands, not adding more work to their burdened days.
We are a firm with a 23-year record of accomplishment and credibility whose size
enables us to treat each of our clients as the most important client we serve. At the same time,
1667 K Street, NW. Suite 480 . Washington, DC 20006 . (202) 775-1796 . Fax (202) 775-0214
e-mail: marlowe@marloweco.com . www.marloweco.com
we have the experience necessary to cover a breadth of issues including water resources,
economic development, surface transportation, environmental preservation, and aviation issues
with a level of personalized service that is unmatched by other firms. We currently have over 40
government entities as clients and consider it a niche we are proud to represent and in which we
are especially proficient.
Our success rate exceeds 90% on municipal appropriations requests, and in Fiscal Year
2006, we returned over $145 million for our clients, an average return of $140 for every dollar
invested in our services.
Thank you very much for the opportunity to present this proposal. We hope to have the
opportunity to work on behalf ofthe City in the near future.
Sincerely,
~~~
Howard Marlowe
President
Page 3 of 15
1) Marlowe & Company Credentials
Related Previous Experience
Marlowe & Company has a wealth of experience serving municipal, local, and regional
government entities, primarily in the areas of water resources, economic development, surface
transportation, environmental preservation, and aviation. We currently have over 40 government
entities as clients and consider it a niche we are proud to represent and in which we are
especially proficient.
We provide valuable representation for our clients to highlight their interests for the
legislators who are important to them. Our firm has been highly successful in helping our clients
utilize Congress to achieve their goals, whether that means securing funding for important
infrastructure projects, working with Congress and federal agencies to solve policy problems, or
ensuring our clients' views are heard via congressional testimony. Our work with Congress only
tells half the story, though. Marlowe & Company has experience working with a large segment
of the Executive Branch, including the White House, the Corps of Engineers, the Environmental
Protection Agency, the Federal Highway Administration, the Federal Aviation Administration,
and the Fish and Wildlife Service.
We engage these agencies at all levels, from the Department head to the regional and
local levels. Our strong relationship with these agencies helps us smooth implementation of
federal projects for our clients, as well as keeping us "in the know" on special funding
opportunities for localities. Quite often, misunderstandings and misrepresentations between
different levels of government lead to problems. The measure of our success will not only be in
dollars obtained, but also in time saved and costs reduced.
Marlowe & Company Profile
Of all the high stakes challenges facing our country, developing and maintaining funding
sources for your priorities may be the most difficult. You want solutions now, not years down
the road. Yet the costs involved are typically far beyond the ability of one single entity to
shoulder alone.
At Marlowe & Company, we have been helping officials and groups from across the
country succeed at meeting their challenges since 1984. We apply a combination of a broad
understanding about government processes, an ability to build and mobilize powerful coalitions,
and effective advocacy efforts before elected officials and their staffs, regulators, and others.
We are proud of the results we deliver to our clients, including passage of vital
legislation, securing appropriations of federal funds for local projects, overcoming obstacles with
federal agencies, and a host of other outcomes. With a success rate of over 90%, we are more
than a strategic extension of our clients in Washington - we are their go-to resource for key
issues affecting their community.
Service: At the heart of our philosophy is our dedication to providing you with the
attention and service you deserve. We know how important these issues are to you, so we keep
Page 4 of 15
you up-to-date on all the latest developments. In Washington, situations are often volatile and
can change overnight. To help you take advantage of the process, we make sure you know
exactly what is going on - without bogging you down with minor details. And with our tight-
knit team approach, you can be sure a staff member who is knowledgeable about your issues will
be available when you need us.
Knowledge: Developing federal support for your issues can be a confusing and
frustrating task, unless you know how the system works - and the key individuals involved.
Each staff member of Marlowe & Company working on your project brings to bear years of
personal experience on Capitol Hill. In addition, we have strong professional relationships with
staff at the White House and a long list of federal agencies.
Results: From securing hundreds of millions of dollars in federal appropriations, to
getting legislation passed that overturned a U.S. Supreme Court decision, to taking a lead role in
negotiating a major authorization bill, we do what it takes to help you achieve your goals. We
have earned the respect and trust of members of Congress and their staffs as a reliable resource
for helping them understand their constituents' issues. The bottom line? We do not stop until
your needs are completely addressed, whether in the form of funding, legislation, or other
remedies.
2) Marlowe & Company Accomplishments and Experience
The chart below shows in a graphical format our successes in securing federal funding for
our clients over the past several years. We have consistently delivered results for our clients
with a success rate of over 90% and a rate of return for FY 2006 of roughly $140 for every $1
invested in our services.
Page 5 of 15
At Marlowe & Company, we specialize in helping government entities and non-profits
secure federal appropriations and legislative victories. We have successfully secured funding for
projects as varied as historic building rehabilitation, streetscape improvements, business park
development, road construction, economic redevelopment initiatives, aviation needs, and
environmental water quality issues. We have also secured tens of millions of dollars for
environmental restoration and beach nourishment projects on the shores of our municipal clients.
In addition, we have been able to successfully obtain millions of dollars in funding for non-profit
interests.
Following is a representative list of our accomplishments over the past several years. It is
by no means a complete list, however. Howard Marlowe and Greg Bums led the lobbying
efforts on each ofthese initiatives unless otherwise listed below.
Relating to economic development initiatives and historic preservation, we have recently
obtained funding and legislative language for the following projects:
. $475,000 to the City of Fort Myers, Florida for the restoration of the Edison &
Ford Winter Estates;
. Another $200,000 to the City of Fort Myers, Florida for the continued
implementation ofthe Edison & Ford Winter Estates Master Plan;
. $200,000 to the City of Sarasota, Florida for the Fredd "Glossie" Atkins park
expansIOn;
. Another $250,000 to the City of Sarasota for the Robert Taylor Community
Center; and
. Secured language in the Agriculture Appropriations bill to waive certain
restrictions for a client in North Carolina so they may be eligible for Rural
Community Development loans and grants through the Department of
Agriculture. Howard Marlowe and Paul Ordalled the firm efforts on this success.
To be more specific about some of our water infrastructure and water ecosystem
accomplishments, we have recently secured funding for water storage, quality, and ecosystem
restoration projects that include:
. $800,000 for a comprehensive regional water storage and quality project in
southwest Florida;
. Obtained over $2.8 million to study the feasibility of restoring a fragile lagoon
ecosystem in southern California;
. Secured over $16.5 million in funding for environmental restoration projects that
will protect essential migratory bird refuges and horseshoe crab nesting areas in
New Jersey. Howard Marlowe and Paul Ordalled the firm efforts on this success.
. $400,000 and authorizing language for a local water quality project in North
Carolina. Howard Marlowe and Paul Ordalled the firm efforts on this success.
. We followed that success up with $210,000 in Planning Assistance to the States
funding through the Army Corps of Engineers for the same local water quality
and storage project. Howard Marlowe and Paul Ordalled the firm efforts on this
success.
Page 6 of 15
In terms of other water resource infrastructure projects, we have successfully secured
recent funding for the following projects:
. $23,025,000 to make Operations and Maintenance repairs to a major Texas ship
channel connecting multiple ports and other facilities to the Gulf of Mexico.
. $985,000 to continue a Corps of Engineers feasibility study to widen and deepen a
40-foot ship channel to 48-feet.
Marlowe & Company has also represented several municipal clients with surface
transportation requests, both large and small. Some of our most recent transportation
accomplishments include:
. $5 million for the construction of a new bridge at Indian Street, Martin County,
Florida;
. $1 million for the acquisition of Americans with Disabilities Act compliant buses
in St. Lucie County, Florida;
. $4 million for the West Virginia Corridor Expansion Project between 1-95 to US
Highway 1 in St. Lucie County, Florida;
. $2 million for the 1-95 interchange at Becker Road in St. Lucie County, Florida;
. $4.5 million for an inter-modal facility in Galveston, Texas;
. $4 million for land acquisition and construction of the Englewood Interstate
Connector, a vital evacuation route for Sarasota, Charlotte and Lee Counties,
Florida;
. $2 million for the construction and engineering of the Central Sarasota Parkway
Interchange at 1-75, an evacuation route for Sarasota and the barrier islands,
Florida; and
. $48 million for improvements to Interstate 75 between Daniels Parkway in Lee
County, Florida, and Golden Gate Parkway in Collier County, Florida.
We have also been successful in securing funding for safety personnel and first-responder
technology upgrades. For example:
. $100,000 for Jefferson County, TX, for law enforcement technology upgrades.
The successes we have achieved for our clients go beyond delivering federal funds. We
have also worked to pass legislation of importance to our municipal clients interested in their
public infrastructure. For example, we have secured passage oflegislation to protect America's
coastal environmental resources and have also drafted and achieved passage oflegislation to give
the Army Corps of Engineers authority to fund environmental restoration projects throughout the
nation.
Saving Our Clients Time and Money & Cutting Red Tape
Marlowe & Company saves our clients time and money. For example, we saved one of
our municipal clients over $100,000 (20% of the purchase price) on the purchase price of a
Page 7 of 15
surplus federal building. Similarly, we secured legislative language allowing a municipal client
to trade one of their buildings for a federal building; a transfer that benefited both the client and
the federal government.
We have also worked extensively to process federal reimbursements of funds related to
disaster recovery. For instance, most recently we ensured $7 million in reimbursement to a
County client for road reconstruction of a major thoroughfare that was badly damaged during a
hurricane. We worked with both the Federal Highway Administration in Washington and the
local office in the state to ensure our client received all the funds they were entitled to as quickly
as possible.
In other areas, we secured federal flood insurance premium discounts for the residents of
a client by obtaining federal funding for a solution to the flooding problem. In another example,
we worked closely with a federal agency to come up with a creative solution to a project-related
problem that saved our client over $1 million.
In another example, we worked with a federal agency to restart a local project that had
been stopped due to regulatory issues, allowing the proj ect to continue and saving the client
millions in fees it would have owed to the contractor.
In our day-to-day activities, we work with our clients to cut through red tape, find
innovative solutions to bureaucratic dead-ends, and creatively find sources of federal money for
our clients' needs.
3) Marlowe & Company Project Management Organization
Marlowe & Company's team is comprised of experienced professionals who are
committed to winning for you. Howard Marlowe, with over 30 years of experience as a lobbyist
in Washington, founded the firm in 1984. Greg Bums and Paul Ordal bring varied
Congressional experience to the firm and act as lead lobbyists for many of the firms' clients.
Thomas Bradshaw, Chris Wagner, and James Alfano, along with three additional seasoned
consultants, bring a new dimension of Capitol Hill experience to our ten-person team that also
includes our Office Manager, Teresa Jamison, a veteran of another lobbying firm.
The City of Delray Beach will have access to each member of our firm, but the team will
be led by President Howard Marlowe and Senior Vice President Greg Bums, and will be directly
assisted by Public Affairs Advisor Thomas Bradshaw. We report to our clients as often as
necessary, knowing that each desires different amounts of contact, and via different means of
communication. For all of our clients, we are in at least weekly contact via email and phone
calls. Weare also in Florida often, and would expect to have face-to-face meetings with the City
in Florida at least two times per year, as well as at least once in Washington.
Page 8 of 15
Marlowe & Company Resumes - Delray Beach Team
Howard Marlowe, President
Howard Marlowe is president of Marlowe & Company, a Washington, D.C. lobbying
firm established in 1984. He has over 30 years of experience as a lobbyist working with
Congress and the executive branch.
Mr. Marlowe spent four years working on Capitol Hill as the Legislative Director for a
United States Senator and a counsel to a subcommittee of the Senate Finance Committee. That
was followed by five years as an energy and transportation economist, after which he served
another four years as Deputy Director of Legislation for the AFL-CIO.
At Marlowe & Company, he has taken the lead in the firm's representation of cities and
counties, as well as nonprofit organizations. In addition to his work with the firm, Mr. Marlowe
served two terms as president of the American League of Lobbyists, followed by two terms as
president ofthe League's Educational Fund.
Mr. Marlowe received his Bachelor of Science in Economics from the Wharton School of
Finance and Commerce of the University of Pennsylvania, and his Juris Doctor from New York
University Law School. He has also served as a member of the Adjunct Faculty of The
American University in Washington, DC.
Gregory Burns, Senior Vice President
Greg Bums is a Vice President of Marlowe & Company. Since joining the firm in 2002,
he has lobbied Congress and the Executive Branch on a wide range of issues, including
appropriations, coastal issues, transportation, economic development, law enforcement, and not-
for-profit issues. He also leads the firm's business development efforts.
Mr. Bums has an extensive background in politics, having served on the legislative staff
of a member of Congress and supporting the Member on issues such as telecommunications,
health care, campaign finance reform, judiciary, and science. He also spent additional time in
the Member's office working on issues as varied as financial services, transportation, foreign
affairs, defense, and the environment.
Mr. Bums has also had extensive experience implementing and executing a lobbying
agenda for a non-profit organization in Washington, DC.
Mr. Bums graduated from the University of Virginia with a Bachelor of Arts in
Government and English where he focused on campaign finance reform and 20th Century
literature.
Page 9 of 15
Thomas Bradshaw, Public Affairs Advisor
Thomas Bradshaw serves as a Public Affairs Advisor for Marlowe and Company clients,
a position which encompasses a number of roles. Mr. Bradshaw helps represent the firms'
clients in Florida, Texas, and California, monitors congressional developments in various areas
of interest, and researches federal funding opportunities. In addition, Mr. Bradshaw is actively
involved in the business development efforts of the firm.
Mr. Bradshaw previously worked for over three and a half years on the legislative staff of
a member of Congress who sat on the Appropriations Committee. In that office he acted as a
liaison to the Member's constituency, researched federal legislation, and supported the Member
on a wide array of legislative issues, including telecommunications, the environment,
transportation, and Social Security.
Mr. Bradshaw graduated from the University of the South with a Bachelors of Arts in
English.
4) Proposed Outline of Marlowe & Company Tasks
At Marlowe & Company, our specialty is representing municipal clients on behalf of all
their public infrastructure needs. We have successfully secured funding for projects as varied as
economic redevelopment initiatives, historic building rehabilitation, streetscape improvements,
business park development, road construction, aviation needs, water supply and treatment, and
environmental water quality issues. We have also secured tens of millions of dollars for
environmental restoration and other Corps of Engineers projects.
Specifically, for the City of Delray Beach, we have discussed a few specific issues where
we may be able to help the City in Washington. These include monitoring the Community
Development Block Grant (CDBG) program and its funding outlook, working to maintain
funding for the CDBG program, and securing economic development (or earmarked CDBG)
funding for specific Delray Beach projects that have yet to be determined. We would also work
with the City to identify areas that may be eligible for federal transportation funding, and then
work with Congress to fund those City priorities. Finally, we understand the City is preparing a
major new mixed-use development. We will identify ways in which the federal government can
partner with the City to ensure that development has the highest chances of long-term success.
This may include funding auxiliary projects surrounding the development, such as park
development nearby, or it may come in some other form of federal support. We will need to
know more about the development before recommending any specific action.
Our success in securing federal appropriations on behalf of our clients is well-
documented. What follows is a general guideline of the appropriations-related activities we
would perform on behalf of Delray Beach during a typical congressional cycle. What we
actually do for the City, however, will be far more involved and in-depth than this summary.
Page 10 of 15
Also, please keep in mind that we will spend an equal amount of time working closely with
various federal agencies that play a role in shaping policy and funding decisions for the City.
This commitment to work with federal agency personnel at the field, regional, and headquarters
levels is a unique feature of the services provided by Marlowe & Company.
1. January: Prepare supplemental materials to be used throughout the year to support our
lobbying efforts. Also, meet with the staff of your congressional delegation to update
them on the status of your project(s) and give them a heads-up as to what requests we
expect will be made of them during the year.
2. February: Draft appropriations request letters and fill out appropriations request
forms to be sent to your congressional delegation. Also, meet with members of your
congressional delegation to go over these requests in person.
3. March: One or more elected officials or other local representatives should come to
Washington, D.C. for appointments we will set up with the congressional delegation and
others. We will brief those who travel to Washington on what points need to be made as
well as prepare written materials to be used during the visits.
4. April and May: The House and Senate Appropriations subcommittees are likely to
mark-up and pass their respective versions of the appropriations bills that would contain
funding for your project(s). We will work with the subcommittees and your
congressional delegation to make sure all questions are answered related to your
project(s) and that there are no loose ends. At the same time, we will make sure the
subcommittee staff understands the importance of your project(s).
5. June: The House of Representatives is likely to begin acting on passage of its versions
of the appropriations acts. The funds you are seeking hopefully will be in these bills.
6. July: The Senate is likely to begin acting on passage of its version of the
appropriations acts. Based on a variety of historical factors, it is less likely that the funds
you are seeking will be in these bills. However, we will be doing our best to beat the
odds.
7. August and September: During all of August and some of September, Congress is
out of session and only staff is left in Washington. This is actually some of the best time
to affect change in Washington and real progress can be made on funding issues when
working directly with committee and subcommittee staff, often alone or with the help of
your congressional delegation.
8. October to the end of the year: The differences between the House and Senate
appropriations acts will be resolved and final bills should be passed by Congress and
signed into law by the President. We will work the "conference committee" process to
make sure that the funds you need are included in these final acts.
Page 11 of 15
6. November: We review with Delray Beach what has occurred during the past several
months and get your evaluation of our performance. We also prepare thank you letters
and other follow-up materials for you to send to your congressional delegation.
7. December: We begin to prepare for the appropriations process again.
5) Information on What Other Communities in SE FL are Getting
From Congress
As we discussed during our meeting and subsequent email conversation, here is a list of
what other communities in southeast FL are receiving from Congress in the broad area of
economic development. This information is from FY 2006 and the proposed FY 2007 bill
funding the Department of Housing and Urban Development.
. $500,000 to Miami-Dade County, Florida for construction of a new building for the
Centro Mater Foundation;
. $250,000 to the City of Boca Raton, Florida for infrastructure improvements for Pearl
City;
. $96,300 to the City of Coral Gables, Florida for the renovation of historic Biltmore Hotel;
. $200,000 to the City of Hollywood, Florida for the construction and development of the
Young Circle Arts Park project;
. $150,000 to the City of Homestead, Florida for upgrades to the Dade County water and
sewer infrastructure;
. $250,000 to the City of Miami Gardens, Florida for revitalization of the business district;
. $100,000 to the City of Miami Springs, Florida for the construction of a hurricane shelter;
. $250,000 to the City of Miami, Florida for the elderly assistance program;
. $250,000 to the City ofNaranja, Florida to construct a facility at Camillus House;
. $300,000 to the City of Riviera Beach, Florida for site acquisition and improvements for
commercial revitalization;
. $250,000 for Miami Dade College and the construction of a library at their Hialeah,
Florida campus;
. $250,000 for Nova Southeastern University in Florida for the Center for Collaborative
Bio-MedicalResearch;
. $600,000 for the City of Coral Gables, Florida for the Biltmore Complex Restoration
Project;
. $250,000 for Miami Dade County, Florida for the Miami Performing Arts Center;
. $200,000 for the Florida Memorial University, Miami, Florida: West Augustine
Initiative;
. $250,000 to Miami-Dade College in Miami-Dade County, Florida for the construction of
a library.
. $200,000 to Florida A & M, Miami Dade College, Florida for renovation and build out of
facilities.
. $200,000 to the Holocaust Documentation and Education Center in Hollywood, Florida
for facility renovation and build out.
Page 12 of 15
. $100,000 to the Centro Mater Foundation in Hialeah, Florida for the construction of a
facility.
. $100,000 to the City of Tamarac, Florida for construction, expansion, renovation, and
build out of a multipurpose facility.
. $200,000 to the City of West Palm Beach, Florida for planning and design, and
construction of the West Palm Beach Black Heritage Trail.
. $500,000 for Miami Dade College in Miami-Dade County, Florida for the design and
construction of the Cuban American Historical Museum at the Miami Dade College
Freedom Tower;
. $300,000 for the city of Coral Gables, Florida for the renovation of the Historic Biltmore
complex;
. $200,000 for the city of Miami, for the Performing Arts Center;
. $200,000 for the city of Hollywood for the renovation of the Holocaust Education and
Documentation Center;
. $200,000 for the city of Miami for the Elderly Assistance Program
The list below discusses what other communities in your area are receiving in terms of
funding for transportation proj ects.
. 2nd Street/Andrews Avenue/3rd Street Enhancements, F1. Lauderdale, FL -- $500,000
. Sistrunk Boulevard Streetscape Improvements, F1. Lauderdale, FL -- $750,000
. State Road AlA S-Curve Improvement project, Deerfield Beach, FL -- $2,000,000
. Grade crossing improvements, Palm Beach Gardens, FL -- $375,000
. 2nd St/Andrews Ave/3rd St Enhancements, Fort Lauderdale, FL -- $500,000
. 7th Avenue Transit Hub, FL -- $400,000
. Broward County Alternative Fuel Buses, FL -- $115,000
. Broward County Southwest Bus Facility, FL -- $1,000,000
. Homestead East-West Bus Connector, FL -- $500,000
. Palm Tran, Palm Beach County, FL -- $250,000
. Treasure Coast Connector, S1. Lucie County, FL -- $500,000
. Trolley Shelter, West Palm Beach, Florida -- $250,000
. Trolley System, Boynton Beach, FL -- $250,000
. Atlantic Boulevard Bridge Replacement, Pompano Beach, FL -- $2,000,000
. Coconut Creek Education Corridor, FL -- $1,000,000
. Hollywood Boulevard Roadway Improvements, FL -- $200,000
. Miami Beach Atlantic Corridor, Greenway, FL -- $500,000
. Palm Bay Parkway, Palm Bay, FL -- $3,000,000
. Plantation Multi-Use Recreational Trail (MURT), FL -- $500,000
. US 441/SR 7 Interchange, City of Lauderhill, FL -- $300,000
. US Highway 90 East Widening, FL -- $250,000
. FL 7th Avenue Transit Hub, Miami -- $600,000
. FL Additiona140-Foot Buses, Palm Beach County -- $200,000
. FL A VL and UAFC Palm Tran, Palm Beach County -- $250,000
. FL Broward County Southwest Transit Facility -- $1,000,000
Page 13 of 15
. FL Bus and Bus Facilities, St. Lucie County -- $1,500,000
. FL Miami Lakes Transit Program -- $500,000
. FL Palm Beach Gardens Public Transportation Program -- $750,000
. West Virginia Drive, City of Port St. Lucie, Florida -- $1,000,000
. Broward County Alternative Fuel Buses, Florida -- $1,000,000
6) Marlowe & Company Client List
Marlowe & Company represents over forty city and county governments, two non-profit
entities, and two membership associations. No other lobbying firm in Washington only
represents government entities and non-profits, and that sets us apart from the rest.
Town of Ahoskie, North Carolina
American Shore and Beach Preservation Association
Town of Atlantic Beach, South Carolina
Borough of Avalon, New Jersey
Beach Erosion Authority for Clean Oceans and Nourishment, California
Town of Bethany Beach, Delaware
Brazoria County, Texas
Brunswick County, North Carolina
Cape May Point, New Jersey
City of Carpinteria, California
Carteret County, North Carolina
Town of Creedmoor, North Carolina
Town of East Hampton, New York
Fire Island Association, New York
City of Flagler Beach, Florida
Florida Arts
City of Fort Myers, Florida
City of Fort Pierce, Florida
City of Galveston, Texas
Galveston County, Texas
Horry County, South Carolina
City of Imperial Beach, California
Indian River County, Florida
Town of Kill Devil Hills, North Carolina
Lee County, Florida
Borough of Mantoloking, New Jersey
Martin County, Florida
Middle Township, New Jersey
City of Myrtle Beach, South Carolina
New Hanover County, North Carolina
City of Norfolk, Virginia
North Carolina Beach, Inlet, & Waterway Association
City of North Myrtle Beach, South Carolina
Town of North Topsail Beach, North Carolina
Page 14 of 15
Okaloosa County, Florida
Town ofPawleys Island, South Carolina
Pender County, North Carolina
City ofPismo Beach, California
City of San Clemente, California
City of Santa Maria, California
City of Sarasota, Florida
City of Solana Beach, California
Town of South Bethany Beach, Delaware
S1. Johns County, Florida
S1. Lucie County, Florida
Town of Surf City, North Carolina
Town of Surfside Beach, South Carolina
Town of Topsail Beach, North Carolina
City of Tybee Island, Georgia
City of Venice, Florida
Walton County, Florida
7) Marlowe & Company Fees
While we have not presented a final scope of work for the City to consider, we expect
fees for this type of work would range between $45,000 and $60,000 per year. Our fees are all-
inclusive, so the City should not expect to be charged more than that if we were hired.
Page 15 of 15
~
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
::'00 NW 1st !\VE'\\ T ' D1LR\ Y BEACH. FLORIDA 33444
ILLLPHONE: )6Ii2-J'./(i'J(i' FACSIMILE: )61/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
lI.8I:III
All-America City
, III I! DATE:
TO.
1993 .
MEMORANDUM
January 10, 2007
City Commission
2001
FROM: Susan A. Ruby, City Attorney
SUBJECT: Management/Staffing Agreement Between Mae Volen and City of
Delray Beach for the Western Community Center
The Agreement requires Mae Volen to provide programming for the senior citizen
component offered to an average of 100 citizens per day, as well as to continue its
Alzheimer operation.
The Agreement provides that:
1. Staffina. Mae Volen will provide a Director of Life Enrichment, a Life
Enrichment Assistant, one administrative assistant and three drivers for
three buses to be provided by the City. Mae Volen will staff the Alzheimer
component with a Director/Manager, as well as nursing and activities staff
which will meet or exceed licensing requirements. In addition the senior
component will be able to access additional staff, including the
Transportation Director and Senior Director of Life Enrichment and
additional supervisory staff, as needed, and will access the transportation
and scheduling of the transportation. The Alzheimer component will not be
provided with transportation provided through Mae Volen. The City will
provide a receptionist that may also be used by Mae Volen.
2. Hours. Mae Volen will have use of the entire Western Community Center
between 9:00 a.m. and 3:00 p.m. Monday through Friday and will provide
staffing between 8:00 a.m. to 4:00 p.m., excluding holidays. The Alzheimer
component shall be open Monday through Friday 7:00 a.m. and 6:00 p.m.,
with the Alzheimer facility being available for weekend use if necessary.
Both parties will work together for joint use and adapt times and scheduling.
In addition, night and weekend events/programming may be provided by
Mae Volen if approved by the City. Emergencies such as hurricanes will
effect the hours of operation.
q.I
3. Eauipment/Buses. The City will provide phone lines, as well as paging
and amplification and a Bingo system for the auditorium. The City will
provide internet access and computer cabling which will allow remote
access by Mae Volen. Mae Volen will provide its staff with computers,
printers, etc. The City will provide three buses and Mae Volen shall lease
the buses from the City and provide drivers and insurance.
4. Meals. There will be a lunch program if Mae Volen receives funding. If not,
the lunchtime meal will be sponsored by the City. Mae Volen will provide a
meal site manager if they receive grant funding.
5. Cleanina/Repairs. etc. The City will be responsible for cleaning and
repairs and all reasonable expenses.
6. Payments. The City will pay $235,000 per year (with an up to 5%
acceleration if the Senior Center component is not operational in the
2007/2008 fiscal year). The City will continue to pay $1,000.00 a month for
the Alzheimer component until the Senior Center component is operational
and thereafter the City will not make the $1,000.00 payment to Mae Volen
as the City will pay for utilities, garbage and trash removal, etc. for the entire
Community Center. Mae Volen will handle all payments/reimbursements,
etc. for the Alzheimer services.
7. Insurance. Mae Volen will provide commercial general liability, automobile
and worker's compensation and professional liability insurance. The City is
to provide property insurance.
8. Term. The term of the Agreement is for three years. The Agreement
supersedes the Lease.
Please place this Agreement on the City Commission agenda for approval.
SARci
Attachment
cc: David Harden, City Manager
Joe Weldon, Director of Parks and Recreation
Elizabeth Lugo, President/CEO Mae Volen
Frank Babin, Risk Manager
AGREEMENT BETWEEN THE CITY OF DELRA Y BEACH, FLORIDA
AND
MAE VOLEN SENIOR CENTER, INC. FOR STAFFING AND MANAGEMENT
SERVICES AT THE WESTERN COMMUNITY CENTER
TABLE OF CONTENTS
PAGE
SECTION 1
SCOPE OF SERVICE
2
A. Agreement to Perform Work
B. Purpose 2
C. Mae Volen to Provide as Follows: 3
1. Staffing of Senior Center Component 3
2. Staffing of Alzheimer Center Component 3
3. Transportation 3
4. Additional Supervisory Employees 4
5. Employees of Mae Volen 4
6. Recruitment 5
7. Hours of Work 5
8. Holidays 6
9. Emergencies, Including Weather Emergencies 6
D. Equipment and Facility 6
1. Computers 6
2. Phone/Fax; Other Equipment 6
3. Vehicles and Vehicle Radios 7
4. Meals 7
5. Cleaning; Room Preparation 8
6. Opening and Closing Facility; Office Space and Furniture 8
7. Improvements 8
8. Responsibility for Repairs and Payment 8
9. Good Condition 9
E. Services to be Provided by Mae Volen 9
1. Calendar 10
2. Programming 10
3. Entertainment 10
4. Management 10
5. Vendor Development 10
6. Volunteers 10
7. Resident Fee Collection 10
8. Collect Membership Data 10
9. Prepare Reports 10
10. Prepare Purchase Orders 10
11. Marketing and Outreach Ideas 11
12. Photographs 11
13. Community Participation 11
14. Surveys 11
15. Community Outreach 11
16. Minority Outreach 11
17. Transportation with City Vehicles 11
18. Coordinated Transport 11
19. Meal Program 12
20. Meal Site Manager 12
21. Operation of Alzheimer Day Care Center 12
F. Staffing to be Provided by City 12
1. Staffing 12
SECTION II COMPENSATION 13
A. Payment to Mae Volen by the City of Delray Beach 13
1. Senior Center Component 13
2. Alzheimer Facility Component 13
SECTION III GENERAL TERMS AND CONDITIONS 14
A. Term of Contract 14
B. Changes 15
C. Indemnification 15
D. Nondiscrimination 15
E. Discrimination Because of Certain Labor Matters 16
F. Compliance with Local Laws 16
G. Sucontracting 16
H. Assignability 16
11
I. Taxes 17
J. Counterparts 17
K. Waiver, Modification, etc. 17
L. Partial Invalidity 17
M. Remedies Cumulative 17
N. Independent Contractors 18
O. Notices 18
P. Surviving Provisions 19
Q. Further Assurances 19
R. Construction 20
S. Insurance 20
1. Property Damage Insurance to be Provided by
the City 20
2. Mae Volen to Provide the Following Other
Insurances 20
a. Commercial General Liability Insurance 20
b. Automobile Liability Insurance 20
c. Professional Liability Insurance 20
d. Worker's Compensation 21
e. Additional Insured 21
f. Evidence of Insurance 21
g. Cancellation/Changes/Renewal 21
T.
Governing Laws; Venue
21
111
u.
V.
Validity of Agreement
Entire Agreement
21
21
IV
AGREEMENT BETWEEN THE CITY OF DELRA Y BEACH, FLORIDA AND MAE
VOLEN SENIOR CENTER, INC. FOR STAFFING AND MANAGEMENT SERVICES
AT THE WESTERN COMMUNITY CENTER
This Agreement is made and entered into this _ day of
, 2006 by and between the CITY OF DELRAY BEACH, a
Florida municipal corporation, hereinafter referred to as the "City" and MAE VOLEN
SENIOR CENTER, INC., a 501 (c)(3), private, not-for-profit corporation, hereinafter
referred to as "Mae Volen".
WHEREAS, the City shall construct a Western Community Center/Senior Center
at the northwest corner of Congress Avenue and Lake Ida Road, within the City of
Delray Beach; and
WHEREAS, the City desires to provide its citizens with services for all ages
while providing a full continuum of activities designed to enhance the quality of life for
citizens 60 years of age or older; and
WHEREAS, Mae Volen desires to provide services based on a preventive
concept designed to nurture the mind, body and spirit while bringing health, fun,
education and companionship into the lives of older adults; and
WHEREAS, the City desires to engage Mae Volen in order to provide
transportation, staffing, management and daily oversight services for the Senior Center
component of the Western Community Center.
WHEREAS, the City also desires that Mae Volen provide services and run the
Alzheimer Day Care facility on site.
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NOW, THEREFORE, in consideration of the mutual covenants, stipulations and
agreements herein contained, the parties agree as follows:
SECTION 1
SCOPE OF SERVICE
A. Aareement to Perform Work: The City agrees to engage Mae Volen
through this Agreement and Mae Volen agrees during the term of this Agreement to
perform the services as stated herein and the City agrees to pay for the performance of
such work on and under conditions set forth in this Agreement.
B. Purpose: The City of Delray Beach has determined that it desires to
have a senior citizen component at its Western Community Center for those City
residents aged sixty and over. In addition, the City desires that Mae Volen shall
operate the Alzheimer Day Care Center on-site. Mae Volen shall provide staffing,
management and daily oversight services to the City for the senior citizen component
and Alzheimer Day Care component of the Western Community Center. Mae Volen
shall provide programming for the senior citizen component for as many seniors as
desire to enroll; provided that the staffing levels provided for in this Agreement are
based on an average of 100 participants each day. This Agreement shall be amended
if more than an average of 100 persons participate on a regular basis. However, it is
understood that special events drawing more then 100 participants will not require a
contract amendment. The staffing for the Alzheimer component shall be as provided in
the license requirement. Mae Volen shall target and provide outreach to all seniors in
the community with an emphasis on low income minority outreach. Mae Volen shall
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provide special support programs and services that are intricately and expertly
coordinated to give seniors the freedom to enjoy an extra zest for life, while sharing the
burden of their caring families. Mae Volen's's mission is to enhance the quality of life
for our older citizens who have already given their all, and who deserve to spend their
lives in the most meaningful and fulfilling ways possible.
C. Mae Volen to Provide as Follows:
1. Staffina of Senior Center Component. Mae Volen shall provide
one Director of Life Enrichment, one Life Enrichment Assistant, one Administrative
Assistant and three drivers for the senior center component. The Director of Life
Enrichment and Life Enrichment Assistant will both be full-time staff. The Administrative
Assistant will be part-time. The three drivers will be full-time. The staff listed above will
be dedicated to the City's Senior Center component of the Western Community Center.
2. Staffina of Alzheimer Center Component. In addition, Mae Volen
shall provide staff for the Alzheimer Day Care component. The Alzheimer Day Care
staff shall consist of Director/Manager, as well as nursing and activity staff that meet or
exceed the client to staff ratios requirement by State of Florida Adult Day Care License
requirements.
3. Transportation. The transportation Director and Senior Director of
Life Enrichment, as well as the use of Mae Volen Senior Center's scheduling and
dispatch in the transportation department shall be provided off-site at Mae Volen's
Headquarters and utilized by the Senior Center component of the Western Community
Center. Transportation shall not be provided for the Alzheimer component. Mae
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Volen shall provide drivers for the three vehicles provided by the City. Section I,
Paragraph E 17 and E18 provide for additional transportation related requirements.
4. Additional Suoervisory Staff to be Provided. Additional Mae Volen
staff over and above the staffing listed above shall serve in a supervisory capacity and
shall visit the Western Community Center no less than weekly or more if needed and
shall fill in as needed when the staff assigned to the Senior Center component of the
Western Community Center is unavailable.
5. Emolovees of Mae Volen. The above listed staff shall be recruited,
trained and employed by Mae Volen and shall be subject to all requirements of
employment as outlined in the Mae Volen Senior Center Personnel Policies and
Procedures Manual. The City may require Mae Volen to conduct background
screenings where necessary to ensure that the workforce supplied by Mae Volen
complies with laws imposed on the City by outside agencies. Mae Volen shall be
responsible for all salaries, benefits, background checks, payroll, taxes, pension, and
insurances required by this Agreement, etc. associated with employment by Mae Volen.
The City shall not be responsible for any of the foregoing or for any other duties or
obligations whatsoever of the employees hired and retained by Mae Volen. Mae Volen
shall make sure that all employees have licenses as may be required by law, including,
but not limited to appropriate drivers licenses and shall ensure that Mae Volen and its
employees comply with all rules, regulations and laws governing the provisions of all
services to be provided by Mae Volen. All drivers employed by Mae Volen must be
properly licensed at all times. Mae Volen shall provide drivers training to maximize the
safety of passengers.
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6. Recruitment. At least three months prior to the grand opening of
the Western Community Center, Mae Volen shall commence recruitment and hire staff
and provide sufficient training and orientation prior to commencement of the work for the
Senior Center component. Prior to the opening of the Senior Center, Mae Volen shall
provide staffing for the Alzheimer facility.
7. Hours of Work. Mae Volen understands that the Community
Center will be used by all ages including adults and children. The majority of City
programming for adults and children shall occur prior to 9:00 a.m., after school and
evenings and weekends. Mae Volen shall have usage of the entire Western
Community Center, including the gymnasium, fitness center, computer lab,
multipurpose rooms, auditorium and kitchen between the hours of 9:00 a.m. and 3:00
p.m., Monday through Friday with staffing from 8:00 a.m. to 4:00 p.m. on those same
days excluding holidays and or weather emergencies as set forth in Paragraphs C8 and
C9 respectively to operate the Senior Center component. The hours of the Alzheimer
Day Care component shall be Monday through Friday, 7:00 a.m. to 6:00 p.m., with the
facility being available for weekend use if deemed necessary. Night and weekend
events and programming may be provided by Mae Volen for the Senior Center
component after approval by the City. These outings may include day trips, overnight
trips, as well as travel club trips to vacation areas. The City and Mae Volen shall work
cooperatively in the programming and in the hours and times of operation and joint use
of the facility and, if required by the City, Mae Volen, will adapt its use to the time and
hours the City determines are available for the programming by Mae Volen.
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8. Holidavs. Mae Volen observes the following holidays, and staff
will be unavailable to staff the facility of the following days: New Year's Day, Martin
Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veteran's Day, Thanksgiving (2 days) and Christmas Day (2 days).
9. Emerqencies, Includina Weather Emerqencies. As part of Mae
Volen's Disaster Preparedness Plan, in a declared emergency or in the event that a
hurricane is approaching and an official "Watch" is issued for the City of Delray Beach,
Mae Volen shall cease all services twenty-four hours after a "watch" has been issued to
allow staff to prepare personally for the storm or emergency. The staff shall return to
the Western Community Center when Mae Volen determines it is appropriate in
accordance with Mae Volen's Disaster Preparedness Plan. Mae Volen shall work with
the City to coordinate the resumption of programming and activities of the Senior
Center.
D. Eauipment and Facilitv.
1. Computers. Mae Volen will provide its own staff with computers,
printers, and other hardware was well as software and all other technology-related
materials. The City shall provide high-speed internet access and all electrical wiring
and computer cabling to allow the computers to function properly and allow remote
access by Mae Volen Senior Center staff.
2. Phone/Fax; other equipment. The City will provide phone lines for
voice and fax as well as basic audio visual equipment, including but not limited to,
screens and overhead projectors as well as microphones and an amplification system in
the auditorium. A paging system shall be installed in the City throughout the Western
6
Community Center to alert participants when their buses arrive or when their
appointment time comes due. The City shall also purchase a Bingo system for the
auditorium.
3. Vehicles and Vehicle Radios. The City shall provide three buses
for use by Mae Volen for the Senior Center component. Mae Volen shall lease the
vehicles from the City. The City will specify the exact vehicles once purchased so that
Mae Volen, at its sole cost and expense can secure insurance. The buses shall be
wheelchair accessible and each shall accommodate _ passengers. The Mae Volen
Senior Center shall install its own radios in the three City-owned vehicles for
communication between the drivers and the base Transportation Department. The
vehicles will remain the property of the City and will be insured by the City. All repairs,
maintenance and gasoline of the three City vehicles will be provided at the City's
expense to ensure safety and quality of service. Mae Volen shall be required to repair
and replace radios as needed. Upon termination of this contract, radios will be removed
from City vehicles and returned to Mae Volen.
4. Meals. If Mae Volen Senior Center is able to secure Older
American's Act funding to allow a mealsite to be established at the Western Community
Center, the City shall provide steam tables as well as a three compartment sink and a
sink for hand-washing and the City shall also provide storage for dry goods such as
napkins, paper plates and disposable silverware and serving utensils. If the kitchen is
going to be used for any food service beyond the basic mealsite, the City shall be
responsible for securing a Food Hygiene Permit from Palm Beach County and any
7
subsequent annual renewals that are necessary. Section I, Paragraphs E19 and E20
sets forth other requirements concerning the provision of meals.
5. Cleanina: Room Preparation. The City of Delray Beach shall be
responsible for the general cleaning and maintenance of the facility. Room preparation
and set-up shall be done by City maintenance staff at the direction of the Senior Center
staff. Light and/or minimal setup shall be done by Mae Volen staff when needed and
infrequently, but the majority of room preparation shall be done by the City maintenance
staff. Any room preparation that requires heavy lifting or moving of heavy objects shall
be done by City maintenance staff.
6. Openina and Closina Facility: Office Space and Furniture. The City
shall be responsible for opening and closing the facility. Mae Volen staff, if directed by
the City, shall be authorized to open or close the facility, but shall not be responsible for
opening or closing the facility on a regular basis. However, if a special event or the City
authorizes Mae Volen to open or close the facility, Mae Volen shall be given the
appropriate security codes and clearances to do so. Mae Volen staff will be provided
with, at a minimum, a desk, chair, file cabinet, and bookcase in a semi-private area to
be used as their office space, in addition to office space for the Alzheimer Day Care
facility.
7. Improvements. Mae Volen shall not make any improvements to
the facility without the express written approval of the City.
8. Responsibility for Repairs and Payment. The responsibility of the
City shall be to perform air-conditioning, plumbing and electrical repairs, as well as to
maintain and repair the building and paint the inside of the building on an as needed
8
basis, and perform periodic roof inspection and repair. The City shall also maintain the
grounds, the parking area, outdoor lighting and secure the property during storm
preparation and provide post-disaster/storm support with securing the building. The
City shall pay for any insurance it is required to provide under Section III, Paragraph S.
All responsibilities for the building, not specifically assigned to Mae Volen shall be the
responsibility of the City. Mae Volen shall keep the inside temperature at a
temperature in the 70's (Fahrenheit) to retard mold. The City shall pay for utilities and
waste pickup, including but not limited to electricity, water-sewer, garbage, phone,
computer hook ups/cable tv and internet services and for client needs. Mae Volen shall
pay for all other operational expenses not expressly provided for in this Agreement.
Notwithstanding the forgoing, until the Senior Center becomes fully operational, the City
will provide the services and be responsible for payments setforth in Section II, A2, as it
relates to the Alzheimer's component. If the City determines that any of the expenses
exceed what would normally be considered appropriate, the City may dispute the bill
only after a meeting of the City Manager, President of Mae Volen and the Director of
Parks and Recreation meet and agree that the bill is unreasonable, in which case the
City may obtain reimbursement from Mae Volen of expenses that are not reasonable or
not reasonably related to Mae Volen operations to be performed under this Agreement.
9. Good Condition. Mae Volen shall operate in a manner to insure
that the premises is neat clean and orderly and Mae Volen shall comply with all
reasonable City requests to ensure the premises' appearance is acceptable to the City.
E. Services to be Provided by Mae Volen. Mae Volen shall provide the
following services to the City of Delray Beach at the Western Community Center.
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1. Calendar. Development of bi-monthly calendar of events and activities
2. Proarammina. Providing an implementation of Senior Center and Alzheimer Day
Care programming and activities
3. Entertainment. Arrangement of entertainers, lecturers, and teachers
4. Manaaement. Direct oversight, training, management and annual evaluation of
staff
5. Vendor Development. Identification and development of relationships with
appropriate vendors
6. Volunteers. Volunteer training, recruitment and recognition including the use of
Mae Volen Senior Center's Volunteer Manual and attendance at annual
recognition luncheon for those that meet minimum requirements as set by Mae
Volen Senior Center
7. Resident Fee Collection. Collection of membership fees (rates to include
resident and nonresident rates that will be determined by the City and will be
used to fund Senior Center programming and activities as determined by the
Director of Life Enrichment with consultation and approval of senior officers of
Mae Volen in conjunction with the City) and provide reports to the city which
account for the fees and use thereof.
8. Collect Membership Data. Maintain data on membership, event and program
attendance and volunteer participation which shall be provided to the City.
9. Prepare Reports. Prepare monthly reports on the data collected and respond to
requests from the City or other information when the data has been collected
and is available. Collect additional data as the City may require.
10. Prepare Purchase Orders. Cooperate in the completion of City purchase orders
and other requisition procedures to facilitate payments to vendors.
10
11. Marketina and Outreach Ideas. Collaborate with City staff on the development of
marketing and outreach materials including, but not limited to, brochures, flyers,
newsletters, press releases and website, to be paid for by the City.
12. Photoaraphs. Ensure photographs are taken at various events and activities
13. Community Participation. Participate in community activities and serve as
representatives of the Senior Center component and Alzheimer's component of
the Western Community Center.
14. Surveys. Annual Quality Assurance Survey of the membership to gain feedback
on programming and activities
15. Community Outreach. Encourage participation and membership through general
outreach to the community as a whole
16. Minority Outreach. Targeted outreach to minority and low-income seniors to
encourage participation and increase awareness of the activities and services
available
17. Transportation with City Vehicles. Using the City's three dedicated buses,
transport seniors to and from the Western Community Senior Center as well as
to outings and activities included in the calendar of events. When not transporting
seniors to and from the Western Community Center Senior Center, if available,
the vehicles will be used to take seniors to and from medical appointments,
grocery stores and other appointments within the greater Delray Beach area.
Appointments will be made with priority being given to medical and grocery trips.
The transportation referred to in this paragraph does not include transportation
for the Alzheimer's component.
18. Coordinated Transport. Coordination of transportation through the
Transportation department located at the main Boca Raton facility utilizing
scheduling and dispatch staff. Riders will be required to follow standard
Transportation policies and procedures which include registration, scheduling of
appointment and appropriateness for usage of the transportation service. Mae
Volen reserves the right to refuse to transport anyone that it deems unfit for the
program due to safety and/or behavioral concerns.
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19. Meal Proaram. Coordination of the meal program with the City for the lunchtime
meal. If Older American's Act funding is available, Mae Volen Senior Center will
sponsor a "meal site," as defined by the Older American's Act, at the Western
Community Center. If Older American's Act funding is not available, the
lunchtime meal may be sponsored solely by the City
20. Meal Site Manaaer. If a meal site is established for the Senior component at the
Western Community Center, Mae Volen will provide an additional part-time staff
member in the form of a Meal Site Manager as well as provide the meals at no
cost to the City or the participants up to the number of meals covered through
the grant funding. The cost of meals above and beyond the grant funding will be
the responsibility of the City. Mae Volen Senior Center is required to post the
cost of the meal and to ask for donations to cover the cost of the meal as well,
however, the inability to contribute or pay will not prohibit seniors from having a
meal. Mae Volen shall obtain from the City, prior approval of the cost of the
meals in excess of grant funding. If Mae Volen does not receive grant funding,
the City may provide, at its own expense, a meal site manager or the contract
may be amended to allow Mae Volen to provide meal site manager services.
21. Operation of Alzheimer Dav Care Center. Mae Volen shall operate an Alzheimer
Day Care Program on-site and secure all licenses necessary to operation such
program in compliance with all applicable rules and laws. Mae Volen shall be
responsible for all expenses for the operation of the Alzheimer Facility at the
Western Community Center, except as otherwise set forth in this Agreement.
F. StaffinQ to be Provided bv City.
1. Staffina. City will provide all other staffing necessary for the
operation of the Community Center including, but not limited to, providing a receptionist
which may provide assistance when available to the Senior Center component.
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SECTION II
COMPENSATION
A. Payment to Mae Volen from the City.
1. Senior Center Comoonent. The City agrees to pay to Mae Volen
of $235,000 annually with payments to be made monthly in the amount of 1/1ih of the
annual contract amount for services for the Senior Center component. However, no
payment shall be required until staffing and services actually begin and the Western
Community Center is open and operational. If services do not begin until the
2007/2008 fiscal year a payment amount not to exceed an additional 5% shall be made
to Mae Volen.
2. Alzheimer Facilitv ComfJonent. Until the Senior Center is fully
operational, the City shall provide a Grant in the amount of $1,000.00 per month to Mae
Volen to operate the facility during the wind up period. The responsibility of the City
shall be to perform air-conditioning, plumbing and electrical repairs, as well as to
maintain and repair the building and paint the inside of the building on an as needed
basis, and perform periodic roof inspection and repair. The City shall also maintain the
grounds, the parking area, outdoor lighting and secure the property during storm
preparation and provide post-disaster/storm support with securing the building. All
responsibilities, not specifically assigned to the City shall be the responsibility of Mae
Volen. Mae Volen shall keep the inside temperature at a temperature in the 70's
(Fahrenheit) to retard mold. Mae Volen shall pay for all operational expenses including,
13
but not limited to salaries and benefits of workers, utilities and waste pickup, including
but not limited to electricity, water-sewer, garbage, phone, computer hook ups/cable tv
and internet services and for client needs. Mae Volen may put removable non-
permanent signage at the facility that is approved in advance by the City. Mae Volen
shall abide by all laws, rules and regulations and obtain all licenses that may be
necessary to run the daycare facility during the wind up period and any extensions that
may be granted. After the Senior Center is operational, the City shall discontinue the
$1,000 dollars monthly payment and the City shall not make any payment for the
Alzheimer component services. The provisions of this Agreement shall govern the
Alzheimer component as well as the senior component. The Alzheimer component
payments will be handled solely and directly by Mae Volen and the City will not make
payments to Mae Volen for the portion of services provided with the Alzheimer facilities.
SECTION III
GENERAL TERMS AND CONDITIONS
A. Term of Contract. The term of this Agreement shall be three (3) years
beginning when a notice to proceed is issued by the City and shall be extended for two
(2) additional one-year terms upon the mutual agreement of the parties, unless
terminated by either party thirty (30) days prior to each such extended term. If through
any cause, either party shall fail to fulfill in a satisfactory manner its obligations under
this contract, the other party shall thereupon have the right to terminate this contract by
giving a written notice to the non-complying party of such termination and specifying the
effective date thereof, at least thirty (30) days before the effective date of termination.
14
Mae Volen and the City shall have the right to terminate this Agreement without cause
upon thirty (30) days' advance written notice to the other party.
B. Chanaes. The City and Mae Volen may, from time to time, request
changes in the scope of services to be performed thereunder.
C. Indemnification. Mae Volen will protect, indemnify and save harmless
the City from and against all liabilities, obligations, claims, damages, penalties, causes
of action, costs and expense (including without limitation, reasonable attorney's fees
and expenses) imposed upon or incurred by or asserted against the City by reason of
(a) any accident, injury to or death of persons or loss of or damage to property occurring
on or about the Premises or Property resulting from any negligent act or omission of
Mae Volen or anyone claiming by, through or under Mae Volen; (except if related to
activities of the City to develop or redevelop the property) (b) any negligent failure on
the part of Mae Volen to perform or comply with any of the terms of this Agreement; or
(c) negligent performance of any labor or services or the negligent furnishing of any
materials or other property in respect of the programs provided by Mae Volen or the
Premises, Property or any part thereof, (except if related to activities of the City). In
case any action, suit or proceeding is brought against the City by reason of any such
negligent occurrence, Mae Volen will, at Mae Volen's expense, resist and defend such
action, suit or proceeding, or cause the same to be resisted and defended by counsel
approved by the City. Mae Volen shall not be responsible for the negligent acts or
omissions of the City.
D. Nondiscrimination. There shall be no discrimination against any
employee who is employed in the work covered by this contract, or against any
15
applicant for such employment, because of race, religion, color, gender or national
origin. These provisions shall include, but not be limited to, the following: employment,
upgrading, demotions, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of payor other forms of compensation; and selection for training,
including apprenticeship.
E. Discrimination Because of Certain Labor Matters. No person
employed on the work covered by this contract shall be discharged or in any way
discriminated against because he or she has filed any compliant or instituted any
proceeding under or relating to the labor standards applicable thereunder to his or her
employer.
F. Compliance with Local Laws. The City and Mae Volen shall comply
with all applicable laws, ordinances, and codes of Federal, State and local government.
G. Subcontractina. None of the services covered by this contract shall be
subcontracted without the prior written consent of the City. The City may prohibit
subcontracting in its sole direction for no reason or any reason. Mae Volen shall be as
fully responsible to the City for the acts and omissions of its subcontractors, employees
and officers and persons directly or indirectly employed by them, as it is for the acts and
omissions of persons directly employed by it.
H. Assianabilitv. Mae Volen understands that the reputation of Mae Volen
in this area of endeavor is a significant inducement for the City, to enter into this
Agreement. Therefore, Mae Volen shall not assign any interest in this contract, and
shall not transfer any interest in the same without the prior written approval of the City
whose consent may be withheld for any reason or no reason.
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I. Taxes. The City of Delray Beach is exempt from taxes. Mae Volen shall
be responsible for all taxes of whatever kind imposed by law as a result of any and all of
Mae Volen's activities at the Senior Center and as a result of this Agreement.
J. Counterparts. This Agreement may be executed in counterparts, any
one of which need not contain the signatures of more than one party, but all such
counterparts taken together shall constitute one and the same Agreement. Facsimile
signatures shall have the same effect as original signatures.
K. Waiver. Modification. etc. No covenant, agreement, term or condition of
this Agreement shall be changed, modified, altered, or terminated except by a written
instrument of change, modification, alteration, waiver or termination executed by both
the Mae Volen and the City. No waiver of any default shall affect this Agreement, but
each and every covenant, agreement, term and condition of this Agreement shall
continue in full force and effect with respect to any other then existing or subsequent
default hereof. No waiver of any default shall require or be the basis for any subsequent
or future waiver of any default.
L. Partial Invalidity. If any provision of this Agreement or the application
thereof to any person or circumstance shall, to any extent be invalid or unenforceable,
the remainder of this Agreement or the application of such provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall not
be affected thereby and each provision of this Agreement shall be valid and enforceable
to the fullest extent permitted by law.
M. Remedies Cumulative. Each right and remedy of the Mae Volen and
the City provided for in this Agreement shall be cumulative and shall be in addition to
17
every other right or remedy provided for in this Agreement, or now or hereafter existing
at law or in equity or by statute or otherwise, and the exercise or beginning of the
exercise by a party of anyone or more of the rights or remedies provided for in this
Agreement, or now or hereafter existing at law or in equity or by statute or otherwise,
shall not preclude the simultaneous or later exercise by such party of any or all other
rights or remedies provided for in this Agreement or now or hereafter existing at law or
in equity or statute or otherwise, subject to the Limitation of Liability hereinabove set
forth.
N. Independent Contractors. The relationship of Mae Volen and the City
shall be that of independent contractors and neither shall be employee, agent or
representative of the other and neither party nor any of their agents or employees shall
have the power or authority, to state or imply, directly or indirectly, that they are
empowered or authorized to commit or bind, to incur any expenses on behalf of the
other or to enter into any oral or written agreement in the name of or on behalf of the
other or their respective affiliates.
o. Notices. Notices shall be effective only if in writing, given to or served
upon the party sought to be notified in the manner set forth in this Section, to the
individuals and at the addresses hereunder set forth unless changed in writing:
For the Mae Volen Senior Center, Inc.:
Attention: Elizabeth Lugo, President/CEO
1515 West Palmetto Park Road
Boca Raton, FL 33486
Phone: (561) 395-8920
Facsimile: (561) 886-0110
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For City:
David T. Harden, City Manager
City of Delray Beach
100 N. W .1 St Avenue Delray Beach, Florida 33444
Phone: (561)243-7015
Facsimile: (561) 243-7199
Notices shall be effective only if personally delivered or mailed, United
States mail, certified mail, return receipt requested; if personally delivered the notice
shall be effective on the day delivered; if mailed, the notice shall be effective on the
second day after mailing, or the day that delivery is refused. Delivery by an overnight
express delivery service shall be deemed to constitute personal delivery on the date
delivered to the office address set forth above for the recipient thereof. Notwithstanding
the foregoing, any notice which, pursuant to this Agreement, requires action or
cessation of conduct in less than three (3) days may be served by facsimile
transmission, followed by delivery as otherwise herein provided, and shall be effective
when receipt of the facsimile is confirmed.
P. Survivin" Provisions. Any provision of this Agreement the performance
of which requires that it be in effect after the expiration of the Term or the earlier
termination of this Agreement, shall survive such expiration and/or termination and shall
remain operative and in full force and effect.
Q. Further Assurances. Each party agrees, from time to time, at the
request of the other party and without cost, charge or expense, to execute and deliver
such other documents and take such other actions as may be reasonably requested to
more effectively carry out the terms and provisions of this Agreement.
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R. Construction. Both parties have been represented by counsel in the
negotiation and drafting of this Agreement. This Agreement will not be construed
against either party due to authorship.
S. Insurance. The following insurance shall be provided:
1 . Property DamaGe Insurance to be Provided by the City. The City
shall provide property damage coverage at its sole cost and expense. The City has
insurance and self-insurance and shall retain such in amounts acceptable to the City.
2. Mae Volen to Provide the Followina Other Insurance:
a. Commercial General Liability Insurance. Mae Volen shall
provide CGL insurance which shall be written on the most current ISO Occurrence
Form, or equivalent and maintained to cover legal liabilities arising from premises and
operations, independent contractors, contractual (indemnification) agreements, products
and completed operations, and personal injury as might be required by this Lease. The
combined bodily injury and property damage limit shall not be less than $1,000,000 per
occurrence/annual aggregate.
b. Automobile Liability Insurance. Mae Volen shall provide
automobile insurance which shall be maintained in accordance with the laws of the
State of Florida to cover the ownerships, maintenance and/or use of any owned, non-
owned, or hired vehicles and the three vehicles leased from the City. The combined
bodily injury and property damage limit shall not be less than $1,000,000.00 per
occurrence.
c. Professional Liability Insurance: Mae Volen shall provide
professional liability insurance in an amount of at least $1,000,000.00 per
20
occurrence/annual aggregate for all responsibilities to be performed by Mae Volen or
any persons employed or acting on their behalf under this Agreement in order to cover
their "errors and omissions".
d. Worker's Compensation: Mae Volen shall provide Worker's
Compensation and Employer liability in amounts and as required by law.
e. Additional Insured: the City of Delray Beach shall be
included as an additional insured by way of the most current ISO endorsement, or its
equivalent, on Mae Volen's comprehensive general liability insurance policy and
automobile liability insurance policy.
f. Evidence of Insurance: Mae Volen shall evidence the
insurance required under this Agreement by way of a Certificate(s) of Insurance. A
renewal Certificate(s) shall be provided to the City at least thirty (30) days prior to the
expiration of any policy.
g. Cancellation/Changes/Renewal: At least thirty (30) days
written notice must be given to the City of any cancellation, intent to non-renew, or
material reduction or change in insurance coverages.
T. Governina Laws: Venue. This Agreement shall be governed by and in
accordance with the Laws of the State of Florida. Venue for this action, arising from this
Agreement, shall lie in Palm Beach County, Florida.
u. Validitv of Aareement. This Agreement shall not be valid until signed by
the Mayor and the City Clerk of the City of Delray.
v. Entire Aareement. This Agreement shall constitute the entire Agreement
of the parties with respect to the subject matter of it. All prior understandings, including
21
the prior Lease between the parties and Amendments thereto and agreements between
the parties, are merged into this Agreement which alone fully and completely expresses
their understanding and all prior Agreements shall be deemed null and void.
Modifications to this Agreement must be made in writing and mutually agreed to by the
parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized officers or representatives.
ATTEST:
CITY OF DELRA Y BEACH
By:
City Clerk
Mayor Jeff Perlman
Approved as to Form:
City Attorney
WITNESSES:
MAE VOLEN SENIOR CENTER, INC.
(Print or Type Name)
By:
Name:
Title:
(Print or Type Name)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 2006, by (name of officer or agent,
title of officer or agent) of (name of corporation
acknowledging), a (state or place of incorporation) corporation, on
behalf of the corporation. He/She is personally known to me or has produced
22
take an oath.
(type of identification) as identification and did (did not)
Signature of Notary Public - State
of Florida
23
MEMORANDUM
TO:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # q. J - REGULAR MEETING OF FEBRUARY 6. 2007
APPOINTMENT TO THE BOARD OF ADJUSTMENT
FROM:
DATE:
FEBRUARY 2, 2007
Mr. Bryce Newell submitted his resignation from the Board of Adjustment effective December
22, 2006. This creates a vacancy for a regular member to serve an unexpired term ending August
31, 2007. Mr. Sigurdur Hardester and Mr. George Thacker are both alternate members and would
like to be regular members.
To qualify for appointment, a person shall be either a resident of or own property in the city,
and/or own a business within the city.
The following individuals have submitted applications and would like to be considered for
appointment:
Bernard Federgreen
(also applying for the Nuisance Abatement Board)
Sigurdur Hardester
Incumbent
Jess Sowards
George Thacker
Incumbent
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 appointment will be made by Commissioner Fetzer (Seat #2),
for one (1) regular member to serve an unexpired term ending August 31,2007.
Recommend appointment of one (1) regular member to the Board of Adjustment for an unexpired
term ending August 31, 2007.
01/07
BOARD OF ADJUSTMENT
1ERM EXPIRES REGULAR MEMBERS OCCUPATION TELEPHONE
08/31/2007 Cell:
Unexp Appt Home:
Vacant Office:
08/31/2008 Mel Pollack, Chair Director-Security Home: 272-7618
Alt Appt 08/19/03 800 North Ocean Blvd #1 Cell: 213-1990
Reg appt 01/06/04 Unexp Delray Beach, FL 33483
Reappt 08/03/04
Reaoot 08/15/06
08/31/2008 Clifton Miller Retired General Home 499-4899
Unexp Appt 10/05/04 alt 4691 Hammock Circle Contractor
Unexp Appt 04105105 reg Delray Beach, FL 33445
Reaoot 08131106
08/31/2008 Harvey Starin, Vice Chair Realtor Home: 272-1665
Alt appt 01/13/04 3596 Admirals Way Office: 272-7100
Reg Appt 08/03/04
Reappt08/31/06 Delray Beach, FL 33483 Cell: 665-0900
08/31/2007 Lisa Shaheen Marketing/Public Home: 637-5776
Unexp Appt 03/01/05 3415 Lakeview Blvd. Relations Office: 865-4415
Re-appt08/16/05 Delrav Beach, FL 33445 Cell: 305-772-3328
ALTERNATES
08/31/2007 Sigurdur Hardester Manager Home: 638-4088
Appt 10/05/04 unexp 4308 Lakewood Drive Office: 923-1856
Re-appt 08/16/05 Delray Beach, FL 33445 Cell: 706-9096
Fax: 877-627-8006
08/31/2007 George Thacker Accounts Home: 350-6282
Unexp Appt 07/11/06 2403-C Lowson Blvd. Manager Office
Delray Beach, FL 33445
Contact: Venice Cobb x-7056
S/City ClerkIBoard 07/Board of Adjustment
Send Agenda to: AI Berg, Brian Shutt & Donna Quinlan
Fax final Board Order to Chair Person for signature
Copy of approved minutes to Donna Quinlan & AI Berg.
Bryce Newell
280 NE 2nd Ave.
Delray Beach, FL 33444
561-843-3311
brycenewell@hotmail.com
12/22/06
Venice Cobb
Executive Assistant/Board Liaison
City of Delray Beach
100 NW 1st Ave.
Delray Beach, FL 33444
Dear Ms. Cobb,
. Please, accept this letter as formal notification that I am leaving my position with the '
Board of Adjustment effective immediately.
Thank you for the opportunities you have provided me during my time with the board.
, Sincerely,
g~~
Bryce Newell
RECE1VED
JAN 0 8 2007
C\TY CLE.RK
*****
/r/5JOJ
DB.RAY B'EACH
. .. 0 <Il . . ...
m~
, 1993
j 2001
CITY OF DELRAY BEACH RECEI\/ED
BOARD MEMBER APPLICATION OCT 142005
CITY CLERK
Please or rint the follo
1. , Last Name: ~
2. Home Address:
I
3. Legal Residence:
/~
4. Principal Business Address:
info1Dl2.tion:
l/E
State
FL-l
State
;cL,
State
MIo'::)
?J.p Code
33
Zip Code
33JCW
ZiJ;> Code
E2/V
Ave;-
.-
~
...---
--
5. Home Phone: .
1;/ tlu;. 333 .
6. Axe you a t:egistered voter?
Business Phone:
-
E-Mail Address: Cell Phone:
111'1 (J 39 fl>FuJo
Fax:
.--
7.
8.
e ..........
9. Educational qualifications:
100 List any related professio~ certifications and licenses which you hold:
11. Give yow; ..eresent,o
{kJM ;... ~ 1-.4
niployer, and..position:
a - 1:)/(2 .
Of? ~fle/l 4-77671
cribe experiences, skills or knowledge which qualify you to serve on this board: (please atbch a brief resume)
A I B;vBt!) ,CJ f? t/ A./l s . a-'" --.
the above statements are true, and I agree and undecstand that any misstatement of materi2l facts
may cause forfeiture upon my part of any appointment I may receive.
. . . r25 / Ir&.:tJ~1 -
DATE I. .
,.~ote: This application will remain on file in the City ClerICs 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.
. SlClTYaJ!RK\IlOAIU::Mn'UCA'IlON
JAN-27-1217 1212:22 AM
JILL HARDESTER
407 774 2593
P.01
,
199)
ZOOI
RECEIVED
CITY OF DELRA Y BEACH
. BOARD MEMBER APPLICATIONJAN 262007
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subrnilkd. It williX' tbe applicant":.' n:";p'..II1:;ibiliry e(, {:llSlI{(.: r.har a currenl appliCllioll is '.Hl file.
JRN-27-07 02:22 RM
_T I LL HRRDESTER
407 774 2593
P.02
SJG HARDESTER
4308 lakl:wuod Drive
Dc1ray 1J~1J5.h.. r:!J.:l:.H5 __.
Phone: (561) 706-9096
.u_._._____u.___.._._.________t~.l~71) 627-8006
E-mail: sigh;udcstcr@msn.cl)Ol
QUAUflCA TlONS SUMMARY
Sales / Managemenll'roft:ssional with more than 15 years experience with I BM. Xerox.. and
Siemt:lls in rh\: Telccornmunicatil1ns and Information Tt:~hnolog)' SOil/lions business. A ha/lds-on
sales executive wilh H prown tr:1Ck rccMd l)f success in exc.eeding sales and ~lIstl.)mcr satisfaction
projccti(llls and meeting goals .II1J objectives ill all levels nfrhc l)rgani7Jltion.
PROFESSIONAL ~XJ'[R.IENCF.:
SlEMENS ENTFRPRISF. NF.T\VORKS. Boca Raton, FL 3/03 - Pre~enl
COlrml("'I.'i(,/.s~l/es Jfm/(it;t:r. FI"rido
Recruited bnek 10 Siemens to rebuild .t nin.... p....rson commercial sales le.Utl rt.~spon5jbll~ fur direct and
channel :mks in the folorida g<:ogr.iphy. Thrvugh aggressive pcrfonnan(;e- manae,emem and reCl'UiTin& ;'A"
levt>1 perf\.'rnwrs, wa:; ,lh.k In adlic'V.:: 121t% of team orders number durin!; my second year, Key r~itsons fllr
success incJlI<.kd II.II':IIS vn l.juaJifi\.'d large oppolilllliries, leveraging written stralegic accounl planning. and
appropriatc CuS\O!ll.:-r l'wclIrive- level sales t,)(U~, Iv inclu,,k lin\.' of business ('xc-culi"c!' as wdJ as
tl'\,'hnology kJdl'rs..
NEe BlISIN[SS NETWORKS SOI.UTIONS. Atlanta, GA
Regional S,ilt's Muno1,r;er, S01l.1/1<;',151
4/02 - 3/03
Tasked wilh r.:slahlishing a husin.:-ss prc~nce for NEe in the Southeast Region for voice ilnd data
infraslructure Slaffinga new office with senior r.:xr.:culiv;;s. Own full P & I. r;;spl)nsibilily I~)r saks,
impkm(,lHillioll ilnd services.
S":MJ.:NS TCN F:UlIC.~TION-",L SERV1CES. /\llanw. CiA
/Ifanagcr (fSales Educolit.m
Senior Staff Assignmenl. Led the dKli1s of ;1 gfl,\\IP vf d..:vck)pmcnt .mJ inslrw.:lklll<.,1 delivery
profcsskmals to design and deli vcr a cDmprchcnsivc hard and 50ft skills,>a\cs force curriculum for tht~
most extensive pnxfuct roll out in company hisl.)ry.
· Companyv:ide sale~ t~)rce curriculum project was completed ahead .,f:,dll.'duk and on budget.
200 1 - 2002
SrrMENS ENTFR"RIS"~ NI':T\\'ORKS. Mlanta.. (~A
Southeast R('giul1 ,.\f(lnoga
Second level $ak~ manager rcsp.)llsih.k (,)r 35 tcdlllology sales r\:p~ <md S<11~s l'ngine.ers. Owned full
P&L n.:sp..msibility for a 62~.1 n.:v;;nuc str~lm. A/so owned So.'llution:, impkmentation of cnterprise
c:ommunkalion.s inlj-astructur~ and husiness applications fi)r the GC1)rgia, N.)rth CarL\linil. and South
Carolina markets.
· Mov(~d n:~gi(ln fl\)lll la~l flf 12 h) 51h Iwemll in boUolll line JXr(i.lnnancl.: in kss than two years.
1999 - 2001
JAN-27-07 02:23 AM
.J' I LL HARDESTER
407 774 2593
P.03
SIC HAROESTER
PROFESSIONAL EX.PERIENCE (C)l1Iinucd) ,
SIEMENS ENT~RrN.IS[ N['JWORKS, Orlandll, FL 1998 -1999
Itf,y()r Of'l'orrlll1i~f Devdopml!1I/ Mintage,.
Senior :>taff a<;signlll~f}l wilh rt,;sp..ln:;ibilil,Y fiJr half of thc Unitt,;d Sl~ltes. R..)le wa$ profcssional
dcvck)PIIIClII of t,;,mlpi.UlY'S firsl line sales management gruup .md large accounl c1(I$lIrc planning.
Additional ,.esp.)nsibiliLy W38 organiztltional dli.lIlg~ agenl fill' core sales procc~s n:-J~sig;n and dri....ing
usagc/acecptan..:t: of Siebel sales fon:e automation t,.,ol across Ihe S<lks organization.
· Personally facilitated over }O fortune 100 and major public S{'.:-tClf ')prl()'1uniti..:'-; [h.1t n,:sllllC(.I in
several million dollars in incremental revenue to r.he busincss.
Siem4.!ns leN. Orlando, FL
Sale." ,11,.(( /fI( I};I'I'
Managed a team of ten major a.::eOlllll $elks repres..:nlcllivt:s covering thc. cent.ral and north FklriJ"
mark.-.:Is.
· Awardc-d Manager ofrhe Ycar, Eastern "rea ... Siemens K-:N, 1996
· .Ec'm~.'d S<lks rtl\,:ognitkm "Club'. trip 7 out of 10 years tor $.1."-:'$ ol~iceli\'e (.I\'cr-achiev(~ment.
· Every kam nwmber ~.xceeded 100'~';. of a-,,~igne.d qUI"ltr! J strn igh! j;.'ars, 1993-96.
· Recogni7.ed as eompan)"$ ]Vational Salt'j'1t..lallllger offlu! Year in 1998
1988 -1998
mM. Orl,md\.l, fL 198..' -1988
Branch {>ro;:rtlffJs ,H"'IOf!.c'l~ /987-/1J88
) ..eadcrship developmental staff assignment cre..lted and implemented hran..:-h \....jde. marketing programs.
Served as liaison with other 10M sak~ gft)UP$ as \\leU as eXlcmul business paJ1ne,.~. SuccessthlJy
orcheslfil[OO the FY I n~ brand) kickt)tf me~ting as well as Jevised and rolled out 1he branch's
rccogniti..m 5trak'b)' ('.lr thaI j.-.:ar.
Major AC("lIufIf ":ales ReprC,fC1/ftlth'l!, /983-1.9S,.-
Reprc~cllllxl IBM' s tek~(:,)mlllunication-" product:,; and serviccs IL\ ntlW and exi<;ting customers in iI
defined gCQgfaphic area. Assignlllclll was focusl.:J on Fortune 1 ()() accounts as well as FI.)rida State and
Lo~:al govcnun":lIl aC:":I..\unl.s.
· Eam('d ((Jp :5<11':-5 "Cluh" d6ignal j('n ~ out of 4 'y~ars for sale~ plan .)Ver achkn:ment.
XEROX CORPOR^ TION, Orlulltk>, FL
/t1ajvr ,1('('011111 S.llcs Rt.'prc'."<!l1rali,'(~
Sales - cl.."Ipicr, duplkiltor. and document creation prudul..'!.s in a ddined gcogrnphi..: area.
· Enm(.'d Prc:,ident"s Club 2 oul 'J( 5 )'~~1.fs. <IS well a, nUIllCfI)U$ l>(h(T award$ and achk,'o,;m~nls.
197H-1983
JRN-27-07 02:24 RM JILL HRRDESTER
407 774 2593
P.lZ'4
SIC HAR()[STER
PROFESSIONAL E:\."PF.RIF:NCE (Continued)
EDlICA TION
Rollins Colkg~', Winlcr Park, Fk)rida
Ps)'(;holog)
PROI;J::SSIONAL EDUCA TION/COMMlINlTY lNVOL VEMENT
Board Me-mbn City l.lfDdray ncach noal'd of Adjustment (2004 "preSt~nn
Board t>.klllhl.'r - Ilamlet Country Club HOA
Leadership (\:ntral Fklrida 199R
Leadership Orlando 1995
Angel FI igtll 1.11" Cienrgia- ....oJunre.er
Siemens Lead(~r:ihjp Dncloprncnl Institute 200 I
Leadership In5titute Guest Instrudor 2001
Expericncc.:d Manager Training (IBM. Siemens)
Developing a IJigh Pt'rfornl<Ull.:e T cam Seminal'
IBM New Manager Institute
Selling to VITO (Very Important T(',p Officel')
Selling the Vallie
JAN-24-2007 17:28 FROM:CURRIE SOWARDS AGUIL 561-243-8184
TO: 2433774
P.2
DElRAY BEACH
~
mr
1993
2001
'~4c N.e. t~ A."'G
CITY OF DELRAY BEACH IP--5';0J
BOARD MEMBER APPLI CAT I 0 11\ E G E,vEri
JAN 2 5 2007
LE.f\K
M.l.
M.
Zip Code
31481
Zip Code
~~~8"
Zip Code
3J~"'-4
NameJ
ess
c
Ity~~ ~\l)l-l
City
~~Th~
City
t)e.uaA~ ""Q~
State
FL.
Please e or rint the followin information:
1. Last Name: ~
-;;)OW S-l:iS.
2. Home Address:
(, 3~ Et:>l) ST.
3. Legal Residence:
tl3 S" ti.~'{ ST.
4. Principal Business Address:
State
Ft...
State
F\.. .
S. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
c\C\'-84~+ 11' -~C\~. .1es~c!'O~E_ 106.-'!'~ t-t"!-&\fi1
6. Date of Birth 7. Are you a registered voter? If so, where are you registered?
1"2 - \ \-, 0 '(~S ~oc,.A.. ~1b~ - P""'-tv\ '!t~tf '0.
8. What Board(s) are you interested in serving? Please list in order of preference:
o -' V
9. List all City Boardf on which you are currendy serving or have previously served: (please include dates)
I. ~ \) ~
10. Educational qualifications:
e)
t>
11. List any related professional certifications and licenses which you hold:
~ \ tlllTlS- Or ~
12.
~
13. Describe experiences, skills or knowiedgt: which qualify you to serve on this board: (please attach a brief reswne)
s
I hereby certify that all the above srntements are true. IInd I agree and understand that any missbtement of material faCTI;
conrn' 1fi . 'on cause f,. rfeiture upon my pm of any appointment r may receive.
1- 2.-1-01
DA1E
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.
JAN-24-2007 17:28 FROM:CURRIE SOWARDS AGUIL 561-243-8184
EDUCATION
. Bad!dor of ArdlItecture
llD.Iva'llllty of Kentucky
1987
RBWSTRATiOl'l
. ArdlItect: certlfted:
"orlda, II 1320e
. "CA.RB, II 45861
PRO'I!SSIOl'lAL
AJ'J'ILlAnONS
. Amatam institute or
Arch.Itecta
. "orlda AssodaUOD, AlA.
Palm Beadl Chapter -
Yraldent
OR<lAI'U7ATlOI'IS <<
COJIIJIIVl'lITY SBRVlCB
. aty of Ddny Bead!
I"IannIng and Zolltng -
Put Board "ember
. City or DeInIy Beach
IIoIlrd of A.cUutmcnta -
Put Vice CbaIr
. City or Ddray IleDch
Site PI.IlD Review Board -
Put Mcmbu C!t
Past Chair
. Plnalpple Gnwe JlIaJ.D
Street De8lIgn
COmmittee Mcmbu
. RotaJy Club of Ddnty
&e.cb - Past Secretary
TO: 2433774
P.3
JESS M. SOWARDS, AlA
Frlnclpal
Jess Sowards joined the firm In tbe fall of 1987
following his graduation with a Bachelors of
Architecture from the University of Kentucky. Uavlng
worked at a number of architectural firms while
completing his formal education, Mr. Sowards gained
a good base from wblch to buUd on making him a
valuable member of tbe Currie Design team.
Mr. Sowards advanced quJckly In the firm taking
In many challenges whlcb Included the design and
recGnstlUctlon of a number of hotels, shopping
centers and fire stations. In 1989, Jess became a
registered architect In the state of Florida and
receIved bJs certification from the National Council of
Architectural Registration Board (NCARB).
Davlng developed bJs skills to where he
managed multiple projects from conceptual design
through occupancy, Mr. Sowards was promoted to the
position of Associate Architect with the nno In 1991
and PrIncipal In 2000.
Community Involvement Is an Integral part of
his commitment to arcbJtecture and good design. He
bas participated In numerous design cbarrettes
IncludJng Old School Square, Village of Key Blsca.yne,
Pineapple Grove Main Street and others. Mr. Sowards
bas been a member of CIty of Delray Beach Board. of
A~ustment, City of Delray Beacb Planning and
Zoning Board (currently serving as tbe chairman),
City of Delray Beach Site rtan Review and Appearance
Board, the Pineapple Grove ~a1o Street Design
Committee and Is currently serving as President Elect of
the Palm Beach Chapter of the Florida American Institute
of ArchItects. Jess was honored with the Dillard T. Smith
Award In 2004 by the Palm Beach Chapter of the AlA for
his active leadership In community activity and service
which was of direct benent to the community.
CURRIE · SOWARDS · AGUILA · ARCHITECTS
FR0M IMAGI~TI~~ B0~A RAT0N
(FR I) FEEl 18 ~oor, 11: 44/~;T. 11: 4::l/Nn. 6:~6001 ~OO F'
,',
L
............-. ......""'.-.
. , " . . .. ..
...*.-
3. Legal Residence:
os-C- Lo
(>'h1&)
CITY OF DELRA Y BEACH {j ~ /{:Jr.
BOARD MEMBER APPLICATIOIECEIVED
FEB 1 8 2005 'T]
all ir~ I
RK
M.T. S
Zip Code
~
Zip Code
All:-An8icaCltr
, III I!
1993
2001
1.
2. Home Address:
4. Principal Business Address: City
.:z;r,a,,5+,l..( .:z:;rrb-n, t;..,J' ....:7 ~ (
O~ ,'".f-!-<oMN-. QOCu.. ( ~
S. Home Phone: Business Phone: E-Mail.Addrcss: Cell Phone($- \ Fax:
5t,1-3!:"O--&;(g~ 57p (- Y'~ /-~9~o 5'+w~. +(".kr~/:n /1 L,-.L ME ~~/-Cfc,l-(pf7()
6. .Are you a registered vorer? ./ If so, where :arc you regi~tered? "'77 I -:?' /J ./
C..., r ~l,vl Dt'c:..d<1 c....o v..
State
Zip Code
FL
>:?cr<g7
7.
ds 011 which YQL1 are clltrendy SeMng or :vc. previou.sly $eIVcd: (please include dates)
, ~. r <:::
9.
12. Describe experiences, skills or -
n. Give YOU! present, or. most recent em
.:L -..
0[$ :are true. and I ~gree and unden;tand that any misstatement of material facr.s
forfeiture \.Ipon my p~l'r 0 f any appointment I may x-eceive.
51
mE
;:{--/~ -- oS--
DATE
-!ote: This application will remain on file in dle City Clerk's Office for a period of 2 years from the date it was
~ubrnittcd. It will be the applicant's responsibility to ensure that a currem applica.tion is on file. .
SlCITY<::lInu.."\DOMDWrllC~'rtON
FR0M IMAal~Tlt8 B0tA RAT0N
2001 - Present
1999 - 2OGO
(FRI) FEB 18 200S 11 :4c:,;ST. 11 :48/NO. 6:~60012049 p ~(
George Stephen (Steve) Thacker
2403-C Lowson Blyd. Delray Beach, FL 33445
561-350-6282
Career Objective
Position in Ente,prise Resource Planning & Management with a progressive o'ganization
offering advam:.ement opportunities based on achievement and results.
Summary of Qualifications
. TwenTy years of experience in all aspeCL<i: of commu,tications and marketing for the
telecomMunications industry.
. High~v motivatell. re3/J1I$-oriented profession,,/ with broad background in te,riwry
devP.lopment. account/project mafUlgement. with a fOCll3 on the F onune I 000.
. Demonstrated OIwlytical and organizational effectiveness,
. ETcelJefll Interpersonal, commrmicatwn Clnd managerial s1ri//....
. Proficient in ~lou:e/dataJvideo communicatiof13 and network design.
. Proven marketing experti~e with strong aptiIude for sales mlmagement
Work Experience
Imal!istics International, Ine. (formerlv Pitney Bowes Office Systems)
National Account Manager
Digital Messaging/Document Proces31ng & ERP MafUlged Services Solutions Provider:
Cyoress Knowledce ware SO/lItiorlS. Partner: OEMs include MiMlla K!!!Jkg.
Panasonk. Toshiba Sharp. &: Heidelberv among others. Designed & engineered enterprise-
wide digital pri1lting & publishing solutions, color printing and 3<:anni"g, desktop prJblishing.
desktop faxing, and unlfled messaging solutions (Lif{htnim: Fa.(). Natio"al account ,fa/es
management, while maintaining ~JM e.luting ac.cou1Jt base. Summit Club 2003, Cla.-;sic
Leadership Confe,'cnce 2004, Ranked 3'-.1 nationa/(v.
Norstan 'Communieations_ Inc.
Account Manager/Communications Consultilnt
','
+ Tech1lology 5011llions and Services Provider; ProjecJ MafUlged converged VoiceJDtlJaIJ1ideo
f.nlerprite Networh', Contact Centers and Workforce Management Solutions via IF
Teleph01ry, Frame Relay. AIM and Unified Messaging technology.
. Partners included Lucent. AVT. SoectraLi"k Wire/ess. Cisco Svste~, d.siIr:Jm..MC/Worldcom.
Sprint flIJd SDrinIPCS. PlctureTel ~ EkL. Siemen:i. Iwutsu, Aspect. Q1111verse. PeopleSoft.
Blue PumJdn. among 11Jlsny others.
. Responsiblefor existing CIL-;tomer base. while engaging 'Iew business.
FROM IMAGISTI~~ BOtA RAToN
1997-1999
1995 - 1991
1994 - 1995
1989 - 1994
1988 - 1989
1987 - 1988
(FR I) FEEl 18 200', 11: 4 ',;::;T. 11: 4:'I/Wi. tj::,t;UUI !:U4~~ t' 4
Work Experience (Continued)
UniDial Communications. IDe. (now Lightyear Communications)
Authorized Agent - GST Communications.. President
+ Re-marketi'lg Age1Jtfor MCI-WQrldCom. SIJrint. Williams. gIJSl [}{!;. offering wide-range. low-
c:ost Telelda(a communications sen'ices co c.omme,-dal (~st(}lfIer.5.
. Initiated Strategic Partner and Distribution Channel relationships.
. Managed inaugural regi.onal sales operations.
+ PRESIDENTS CLUB
LCI International Inc. (now Qwest Communications)
lVationalAccountAlanager
. Resp()l1.~ihle for genel"lJting new revenue while maintaining aisring 4 million dollar base.
+ .Managed Natiol1al Account SupPQn Team. which .'iupported existing account. 'i.
. Project managed the design. engineedng. and in..'ilallation of w>ice. data. and video 1,e1Works.
+ Managed respon.ses to RFQs and RFPs,ftlcilitating Executive Presentations to Senior
Executives ofFonune 500 companies.
. PRESIDENTS C.JRCLE Award - 1996.
Thomas & BettslNevada Western, Berk-Tek
Manufacturers Representatil'e, Oalc Hill Marketing
. Responsible for marketing P,'emise Wiring Systems and Communications Cable to e;;\:isting
Distributors while generating 'Iew revellue with Contractors and End-users.
Data Processinl.! Sciences. Corp.
Regional Repre:!ientative
. As Daw-communications l_nJtSrtltant. responsible for design, pr(){:ureme1l1. and
implementation of Integrated Wide Area Network and Local Area Network 301ulil)fL~ and
products.
. Managed national territory of associate brQkers. distributors aJ'f.d cu.ftomer ba3e whi~e
generating new business.
+ Represemcd over 50 different manufacturers of netwOrk systems. data commuuicatiollS
hardware and related software.
Republic Roller CorD. (formerly Dayco Rubber)
Account Representative
. Marketed custom rubber roller recovering sen';ces to the priming. paper mill. metal treating,
laminilting {J/ld reLated indlistrie:r.
','
Interactive Communic:adon Systems, Inc.
A ccount Representative
. Re-marketed data communlcalions hardware and software (terminal emulation and filt:
transfer) for IBM. DEe and UnisyslBurrough.f Mainframes and most UNTX Sy.uem3. Ptll1ners
includJ!d [!;!;.. Atuu:hmate. Emer.ald... Rumba. and BLAST.
FROM IMAGISTICS BO~A RATON
1985 - 1987
1983 -1985
1975 -1981
(FRIHEB 18 200~, 11:46/~;T.11:n/N!).t::;tiUU1:i1J4~~~' "
Work Experience (Continued)
Automatic Data Processin~. Inc.
District Manager
. Responsible for Markeling dala processing service.f and software.
. SI4pen>it;ed Account Exealtives and Client Service Representatives
Pitney Bowes. Dictaphone COTD.
Senior Account Executive
. Responsible}or Major' AccounI Marketingfor dictation and digital voice communication
syslems. CHAIRMANS CLUB.
Education
University of Cincinnati
Bilchelor of Fint: Arts Degree, B,.oatlcQ$l Comlfluniclltions
. Alpha Epsilon RhQ Fraternity
Professional memberships
. Tri-Swle Technology Association, Vendor Commiuee
. AIJverlising Quh of Cincinnati
. Rotary International
Community activities
. . Boy Scor.IS of Amel'k.a. Dlstru:.L CommiItee. Asst. Scoutmaster
. Knighu of Columbus. FQurth Ekgree
~ I .
. Catholic Order ofForester.f
. Cincif/.1UlliArcs Festival, ['1(:., Sing Cincinnati!- Steering Commillee
. SPEBSQSA - SQuthern Cateway Chorus. Director of Marketing. Asst. Music Director
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # - REGULAR MEETING OF FEBRUARY 6 2007
APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS
FROM: CITY MANAGER
DATE: FEBRUARY 2, 2007
The terms for Mr. James Houck, Mr. Norman Rosenblatt and Mr. Anthony Spirelli expired on
August 31, 2006. Mr. Houck and Mr. Spirelli have served one (1) full term are eligible and would
like to be considered for reappointment. Mr. Rosenblatt has served an unexpired term is eligible
and would like to be considered for reappointment. The terms are for two (2) years ending August
31,2008.
There are five (5) additional vacancies on the Board of Construction Appeals due to member
resignations, as well as, due to term limits being met. The terms for three (3) of the vacancies are
unexpired ending August 31, 2007. The terms for two (2) of the vacancies are unexpired ending
August 31, 2008. Please note that due to a lack of applicants, only six (6) appointments are
reflected in the appointment schedule.
Staffhas identified additional candidates that would be eligible to fill the positions that are currently
vacant. All four (4) of them expressed an interest in serving on the Board. Staff will continue to
follow up with the potential volunteers and will recruit additional candidates.
To qualify for appointment, a person shall have actual previous experience in their respective trade
or profession deemed sufficient by the Commission. Residency is not required. A person need not
own/operate a business in Delray Beach. Membership is composed of the following:
An air-conditioning contractor, an architect, two general contractors, a master electrician, a
professional engineer, a master plumber, a realtor or insurance agent, and a sign contractor.
Attached is a listing of the current Board members and their occupations. The following individuals
have submitted applications and would like to be considered for appointment. (The applicants are
listed by profession however, the applications are in alphabetical order).
See Exhibit "A" attached:
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointments will be made as follows:
Expiration Date
Commissioner/Mayor to appoint
August 31, 2008
(two year term)
Commissioner Levinson
(Seat #3)
(Seat #4)
(Seat #5)
August 31, 2008
(two year term)
Commissioner Montague
August 31, 2008
(two year term)
Mayor Perlman
Recommend appointment of three (3) regular members to the Board of Construction Appeals for
two (2) year terms ending August 31, 2008.
BOARD OF CONSTRUCTION APPEALS
"EXHIBIT A"
AlC Contractor
Architect
General Contractor
Norman Rosenblatt
(Construction Consultant) Incumbent
-Does not possess general contractor license,
but previously has been deemed to have
sufficient experience by the Commission.
Electrician
Ene:ineer
Plumber
Anthony Spirelli
Incumbent
Real Estate/Insurance Ae:ent
Pearl Markfield Elrod
James Houck
Incumbent
Steven Wallace
Sie:n Contractor
Does not meet respective trade or possess license
Jayne King
(EducatorlRetired )
01/07
BOARD OF CONSTRUCTION APPEALS
1ERM REGULAR MEMBERS OCCUPATION 1ELEPHONE
EXPIRES
08/31/2008 Office:
Home:
Vacant Fax:
08/31/2007 Office:
Uncxp Appt Home:
Vacant Fax:
08/31/2007
Unexp Appt
Vacant
08/31/2006 James Houck, Vice Chair Property Manager Home: 865-2636
Appt 08/03/04 3763 S Lancewood Place
Delray Beach, FL 33445
08/31/2008
Vacant
08/31/2007 Patricia Neyra General Contractor Office: (954) 523-5157
Uncxp Appt 10/05/04 114 N.W. 7th Street Home: 272-7975
Reappt 09/06/05 Delray Beach, FL 33444 Fax: 272-77 46
Cell: (954) 684-8805
08/31/2006 Norman Rosenblatt Construction Office: 665-1250
Uncxp Appt 09/21)/05 13177 Vedra Lake Consultant Home: 495-9591
Delray Beach, FL 33446 Cell: 665-1250
08/31/2006 Anthony Spirelli Plumber Office: (954) 325-2727
Appt 10/05/04 21878 Palm Grass Drive Home: 477-3207
Boca Raton, FL 33428 Cell: 278-8747
08/31/2007 Vacant
Unexp Appt
Contact: Venice Cobb 243-7056
S/City ClerkIBoard 07/BOCA
Send Agenda to: George Diaz & Brian Shutt
wr
, 1993
" 2001
3/~~&".
CITY OF DELRAY BEACHRECFI\/ED
BOARD MIiMBER APPLICATIBR 2 7 2006
CITY CLERK
DB.RAY B'EACH
.........
*****
i .
1.
Name
Ml.
V
~p Code
5
Zip Code
3. Legal Residence:
~~
. L -Afl'l'
. ~ '03> S._ l.0&b
- 6 &IY\~
2. Home Address:
4. Principal Business Address:
City
State
Zi{> Code
8.
Fax:
5. Home Phone: 'Business Phone:
~~t~ .~~~b
6. Are you a t:egistered voter?
7.
Yt,
9. Educational qualifications:
,'~ '=- ~.O-
If:>
<--tJ~
to. List any related professional certifications and licenses which you hold:
04+ .,
II) ~ C!.. b f() It V 4:;
11. Give yow; present, or most recent employer, and positio~
alify you to serve on this board: {p~e atbch a b.cie
. . e~~QL-Bu
,.
statements are tnle, and I agree and undecstand that any misstatement of material facts
"cause forfeiture upon my part of any appointment I may receive.
. . Y-C/~G
DATE /
L'Iote: 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 efisute' that a current application is on file.
S'QTY~TION'
JAMES HOUCK - RESUME OBJECTIVE & PROFESSIONAL mSTORY
Page 1 of3
OBJECTIVE
To secure a PROPERTY MANAGEMENT position where interrelated experience in Architecture (5
' years - Building Design and Site Planning), Operating and Capital Reserve Budgeting ( 18 years),
Computer Software (20 years - Microsoft Word, Excel, Access and others), Construction (3 years),
Corporate Business (10 years - Management, Sales, Marketing and Training), Property Management (18
years - Portfolio & On-Site Experience) and Real Estate Licensed (21 years - Commercial & Residential
Leasing, Sales, Marketing) will be of value to your company.
PROFESSIONAL mSTORY
1992- 2005 LANG MANAGEMENT COMPANY (Boca Raton, Florida)
PronertvManae:er
"On-Site" managed a 460 unit condominium development with nine (9) five (5) story
buildings and two swimming pools and a clubhouse.
Managed a portfolio of up to 16 high end community associations, collectively consisting of
649 individual homes and 345 two (2) and three (3) story condominiums totaling 994 units.
Responsible for preparing, implementing and overseeing the annual budget expenses of over
$4,000,000 collectively.
Professionally managed the contracts of accountants, architects, attorneys, carpenters,
electricians, elevators, engineers, general contractors, horticulturists, insurance companies,
irrigation specialists, handymen, landscapers, masons, plumbers, roadways, roofers and other
contractors, vendors and agencies.
Successfully negotiated and monitored the completion of three (3) developer turnover
settlements, 4 asphalt roadway overlay & 9 seal coate projects, 8 painting and 5 sloped roof
replacement projects.
Set up "Excel" to calculate all the reserve budget reserve budget figures to eliminate the need
to personally have to the calculations.
Work with various city and county agencies on building and landscape projects.
1989 - 1992 BENCHMARK PROPERTY MANAGEMENT (Coral Springs, Florida)
ProDertv 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 seal coate projects, 5 painting projects, 3 slopped
and 2 flat roof replacement projects.
JAMES HOUCK
. Resume - Page 2 of 3
1987 - 1989 CONDOR PLACE JOINT VENTURE (Boca Raton, Florida)
On Site - Property Manae:er & Leasine: Director
Directed all on-site property management, sales and leasing efforts for a 40 bay 95,000 square
foot OfficelWarehouse building.
Responsible for negotiating all contracts and leases.
Liaison between general contractors and maintenance companies.
Created and implemented annual budgets and prepared monthly financial analysis.
1985 - 1987 SCHNEIDER COMMERCIAL REAL ESTATE (Los Angeles, California)
Real Estate A2ent
Working with developers, property owners and tenants negotiated more than $4,000,000 in
retail and office leases and land and building sales.
Created and utilized computer generated databases to work with buyers and tenants and also
investment programs to analyze building and land sale opportunities.
1984 -1985 FRED SANDS REALTORS (Los Angeles, California)
Real Estate Ae:ent - 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 Ree:ional Sales Manae:erlMulti-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 Ree:ional Sales Manae:erlMulti-Housine: Division (Based - Ft. Lauderdale, FL.)
Effectively managed 17 independent dealerships throughout 8 key eastern states.
National Onerations Manae:erlInstitutional Division
Supervised all corporate accounts and dealer services.
Coroorate Sales Ene:ineerlDraftsmanlEstimator
JAMES HOUCK (Licenses, Designations, Memberships, Board Member, Education)
Page 3 of3
PROFESSIONAL LICENSES & DESIGNATIONS & MEMBERSIDPS
2005-Present Commercial 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" (lCSC).
CITY GOVERNMENT - BOARD MEMBER
2004-Present City of Delray Beach, FL - Vice Chairman - Board of Construction Appeals
EDUCATION
1987-2005 FLORIDA - Real Estate & Community Association Management Continuing Education
Classes
1984-1986 UNIVERSITY OF CALIFORNIA - Los Angeles, California
9 Commercial Real Estate Classes (property Management, Marketing, Finance and Appraisal)
1976-1977 UNIVERSITY OF WISCONSIN - Madison, Wisconsin
8 Business Management Classes
1971-1974 UNIVERSITY OF ARIZONA - Tucson, Arizona
Bachelor of Architecture Degree
1969-1971 SOUTHERN ILLINOIS UNIVERSITY - Carbondale, Illinois
Associate of Architecture Degree
JAMES HOUCK
3763 S. Lancewood Place
Delray Beach, Florida 33445
561-865-2636
jdhouck51 @bellsouth.net
STRENGTHS & SKILLS
Page lof2
As a highly organized and self motivated professional with interrelated experience the following are a few
strengths and skills I can offer:
PROPERTY MANAGEMENT
Create an extensive "Management Plan" to reflect the goals of the property and their owner's.
Able to fulfill the manager's obligations under the property's management agreement.
Able to manage a broad portfolio of properties and maximize their property values.
Ability to quickly learn the roles and functions of all positions within a new property.
Test economic alternatives to increase value and make recommendations.
, Understand financial statements and accounting principals.
Knowledge of available insurance coverage to protect owner's assets.
Proficient in creating operating and capital reserve budgets and effectively manage their expenses.
Understand and work with lease/sale analysis and investment software.
. Prepare an "Operations Report" if required.
Examine problems and create viable solutions.
Develop short and long term market analysis and economic plans.
Orient new residents/tenants and promote positive relations.
Enforce collection and foreclosure procedures.
Constantly analyze properties physical and fiscal concerns.
Understand legal issues as they relate to tenants and owners.
Oversee operations, lease administration and construction management.
Manage budget costs to maximize profitability.
Monitor the construction of tenant improvement build-outs as required under lease term.
Understand and meet goals of a property.
Understand 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 equipment, 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 of2 - Strengths & Skills
FACILITY MANAGEMENT
Able to help or take on role of Facilities Manager, when needed.
Negotiate and manage conformity with vendor contracts.
Understand and manage capital improvement projects.
Understand and work with architectural drawings.
Conduct and prepare extensive property and building inspection reports.
Knowledgeable about the construction and other components of a building.
Manage risk factors effectively.
Monitor owner improvements.
Properly select and work with service providers.
Identify and work out construction defect issues.
Properly communicate with and motivate employees and outside contractors.
Hire and effectively supervise employees and outside contractors.
Oversee landscape and irrigation services and implement new projects.
Able to effectively coordinate and/or oversee the security services; parking garage and valet services;
tree trimming and removals; janitorial services; building engineer personnel; cooling systems; roof
repairs and replacement; elevator repairs; asphalt repair and overlay projects; painting projects;
concrete restoration projects; fire sprinkler systems and most other services and/or systems as needed.
Properly plan and implement all the various types of maintenance projects, renovations to common
areas and other scheduled long and short term maintenance and construction projects.
Able to work closely with tenants on their build-out improvements.
Familiar with most architecturaI building systems.
GENERAL
Understand the dynamics of a lease and leasing to a tenant.
Long term knowledge working with computer programs (Word, Excel, Access & others).
Strong organizational, management, administrative, communication and leadership skills.
Mature, responsible and businesslike in demeanor.
. Positive proactive work ethic.
Flexible and able to multitask effectively.
Professional in approach and appearance.
Work effectively in a cohesive team environment.
Willing to put in the hours it takes when needed.
Willing to travel when needed.
09/19/05' HON 10:1$ FAX'S6124Jj77'
. ..~. -+O~ \J (i.V\;~e. Co bb.
, l-IJJ! .
1~3.
2001
. CITY CLERK
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. CITY OFDELRAYBeAcH .. EIVED
BOARD:'M:EM:BER APPLICATION.' REC
SEP. ''9 Z005
'TV CLERK.
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. State Zip coa~'
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WED 14: 33 FAX 5612133774
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CITY OF DELRAY BEACH RECE';VED.
BOARD MEMBER APPLICATION AUG - h 2005
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. subini. ~ It will.be the !.mp1ic::w.~s Lesp. oQSibililv cO ~'Dsuic dnt:l cua:cnt appliotion is oo6le. .
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RESUME FOR PEARL "BUNNyn MARKFIELD
ELROD
DIRECTOR OF RESEARCH DEPT FOR THE
NATIONAL ENQUIRER NEWSPAPER FOR 14 YEARS
REAL TOR: COLDWELL BANKER REAL ESTATE (22
YEARS)
PRESIDENT MERRITT PARK HOME OWNER'S
ASSOC 6 YRS
BOARD MEMBER PROGRESSIVE RESIDENTS OF
DELRA Y AND CURRENTLY VICE-PRESIDENT.
\
I
MEMBER OF THE SWfNW REDEVELOPMENT TASK
FORCE SINCE IT'S INCEPTION AND CURRENTLY A
MEMBER OF THE WEST ATLANTIC TASK FORCE.
WAS INSTRUMENTAL IN STARTING THE DELRA Y
LOOP AS A PROD PROJECT.
HAVE LIVED IN DELRAY BEACH 8 YEARS AND,
HAVE ENJOYED EVERY MINUTE OF IT. I LOVE,
LIVING IN A VERY OLD SECTION OF THE CITY
AMONG A VERY DIVERSIFIED GROUP OF PEOPLE-
AND-I P ARTICULARL Y ENJOY LIVING IN ONE OF
THE OLDEST HOUSES IN THE AREA.
DELRA Y IS DEVELOPING AS A WIDESPREAD
EXAMPLE OF HEALTHY URBAN GROWTH AN-O I
AM HAPPY TO BE HERE TO ENJOY IT!
. .,
..1
DElRAY B'EACH
.....-.
2.
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Name tJO P--y, Itr\
City ~ e...
City
S!;lte
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State
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RECEIVED
AUG. 1 5 2005
C TyI.GLER
Zip Code/
. Y'6
Zip Code
*****
AD-AmericaCity
( "lIll
. 1993
. 2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1.
3.
4.
City
State
Zip Code
5. Home Phone: .
Business Phone: E-Mail A1t~:tb Cell Phone:_
t6')~~StJ lt~ i~ JN~t b6~-/;25()
6. Axe you a registered voter? yes I so, where ace you registered? Fe. t
7. What Board(s)are ou interested in serving? Please list- order of preference:
C 1" ~.lrr\ >IV I 0 . . .
Fax:
$:ftr/lfl
~o 'lb.
\
.clP1IV'~~Aii~"" $0' ro/~r;O}-
10. List any related professional certificatioos and licenses which you hold:
t.i tV '.
jQ :Z::-.r)~ r -
above statements are true, and I agree and understand that any misstatement of material facts
tio may cause tfeiture upon my part of any appointment I may receive.
. ..' $~~;j-
DATE
Note: This application will remain 00 file in the' City Clerk's Office for a period of 2 years from the date it was
submitted It will be the applicant's responsibility to ensure'that a current application is on file.
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Jan. O~ 200i Ob: 39pr.! Pl
01/0~/07 THQ 14:13 FAX ~0124337i4
C!TY CLERK
~004
-
, ~ II~!
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
RECEIVED
JAN 0 R 2007
C\TY CL f\
M..L
lnfonnatio.ft:
-t I ,:
2.
f
aJIY7 (blm S
Pc
3.
St2,te
4. Principal Business Adche.a:o:
1/{J tl (J/
BUlPine191 Phone;
Zip Code
F-L- 33lf"f'j
~
5U1!-J7k"e7(j-j
If so, where are you registered?
&gM
State
Cell Phone:
95'Lj -J85;J 7J
9. Lilit all a~ BoN:ds on w~h you are cunen~y lIew:vi.ng Ot' haV'\: pg:ylou$ly s~ed: (please include d:a.~)
I heteby cetdfy that.n me above ll[acements are uue, and J ~ and undersWld mll.t any misstatement of material nen
~ -'re upon "'y ,.", n("'1 appnin<m<n,J m<y=-i=
.' I-Y-07
'~GN-" DATE .
Not'C: -nu,l applicadon will reawn on file in the City Clerk's Office Eor a period of 2 years &om the clate it WWi
llubmitted.. It will be the applicant's r~ponaibility to ensure thet: a current application is on file.
ANTHONY SPIRELLI
211;08 /',,/m (irl1XS I.>riv<?
!?,?\YJ R,.JJvn. J'"/orid.., 33-128
,56/) -/77 31117
.' REcg;v~D
~4
CITY ClER~
fLXPF.HII':NC"~
Vnnh,ge Industric~, Tne. & Plumbuilt., (nc. - Boca Rntoll, Florj<la Au~ust 199~ to I)res~nt
Owner ond manager of Jay-to-day operations for plumbing contracting bll~iness ser\-icing
Broward dnd Palm Beach Counties. .
St,atcwidc Plumbiu2: - Boca Raton, Floridn
FcbnuHV J996 to SCllt<.~mb~r 19W'
S1an~d a:-; (l h1tlnK'yrnan plumper and was promoted to Foreman. In three nwnths. o(:camc f-idJ
Supervisor ,1 Projl..'cl Managc'r in charge of ~chcduling and coordinating approxirnc.ucly 30
plumb..:r:> assigning them 10 lhcjr daily jobs and projects. Additional duties include: aLLt:nding
weekly jot> site meetings, purchasing material rOT rcspc:ctive johs. change orders, conducting
weekly rn~ding with c-mployees in my charge. Listed below are a re"" or 1he projects (including.
restauranls) lhal I completed:
Vantage 1'.lumhin2. & Heatin~, Inc. - Mahot)sc, New York .June 1985 to Januun' 1996
Varnagc Plumhing & Heating. Inc. was a plumbing contracting husiness deal,ing plinltuily with
commcrcial/imluslrial plumbing services and installations, including glass pipe, mechanical
joillls, pvc. no huh, fusc sea.!, elc Vantage Plumbing also handkd all aspects nf S~Wl'r and
drain :,>crvic<.~s and installations. As owner, I had extensive cxpelielKt: in estimating n~w work
frum ~pccitlcations amI/or plans, scheduling time on jobs fi.,r my workers. accounts receivabk
and accounts paY<lbk. Recent conln.icts had been wi1h Ciba Geigy. AXCO Chemical. Philip
Morris and General Foods (all basically in the Weslchester area). I h~d a statT of 3 !()rc'rncJl. (,
mechanics. ~ helpers with 4 service vehicles on the road daily. Vamage Plumbing al:.:;o served as
a properly manager for a real estat.e company for 2 of their propcltieso takln~ care of gent:fl\1
maintenum.:t: repair work. contracting Iand~c~l~r$. snow removal, ctc.
Dnnte's Pizzeria ~Uld Restaur-ant- Mahop8c. New York June 1984 to .Jun~ 1985
[)anh::' s Rcstaur<lnl waS owned and operated by my wi fe and myse1 r I found an empty st0re.
r~n()vat(:,d ir complel.dy. got the busine::;s going aod sold it at 4 times Ollr original investment. In
one year's lime, we became the hig,hest volume pizzeria in Mahopac. Vv'e had a dining capacity
of 60 palrons and a total staff of approximately 15 employees.
Wine Imp4),-t=-, Inc. - Ha,'\'thorne, New JCI-St:y 1979 to 1984
As salesman for Wine Imports, my terrilOry \-vas primarily WeSl.chc':ltr County. 1 scrviccd
ilpproxirnaldy 42 accounlS, including retail liquor Slores. restaurants and bars. Wine- ImpNts
was eventually sold and I left to open my own restamant.
PJumber'~ Locnl #209 - Yonkcl's, New York 1968 tn 1979
WMkcd for Plumber's Union, starting as a helper and progressed 10 l(m:::man. During th~se 11
year::;. I worked lar many plumbing companies such as Malwood Mechanical, Harmony
Plumbing & Sprinkler. Inc., both of Yonker::;, N'Y. Experieru.:c:.: was mostly in cOOlmen:ial ~H1d
indu$lri;J)
fEDUC;ATION
(irudu:lh:J from S,llJllders T rack and Tcchnic<11 High School in Y onkt:rs. New York
(jradlla1~d ;md ccrtifii:d rrllrn Plumbing's Union Local 209 ^pprcntice~hip =' year lrallllllg
ulurs..:. con:-:isling of pr<J\.:Lic~t1 expnience. plan reading. sall~l'y CI)llr::;es_ nH'ul~!;crial and
plln:h~lsing Cllur;-.;cs.
~d J,\d0c: :C:0 t"00C: 0C: 'de>S
St79T LLt7 T9S
'ON Xtl.:l
1.1CR:f.:l
Dec~ZZ-ZOD6 DZ:31pm
DElRA Y BEACH
~
AlI-AmBrIcaCity
" III!
1993
2001
From-RUDEN MCCLOSKY lBTTH NTST
+9547644996
T-1Z3
P.DDZlDD3
F-DD4
Please e 01" rim dle followin infonnarion:
1. Last Name: Wq II QCe
2. f ome Addre~ C~ If}
01 _ 'c., _/ ni.JeJl'Jue
3. Legal Residence:
~ ({5 it ~
4. Principal ~>>sin{iss Address:C/ J'./. J)~ Gry (7;/1- LA Vc State Zip Code
r~UOe/l vYlc. 0.; 'ft, ~ , ~ 5-
-aOO tl(S1- '[J>"bw4 \ i>vlel/t"rZ vi1"e.lS-oO 33 c> I
5. HQme Phone: Business Phooe: E-Mail Address; Cell Phone: FaSL/ :.?33
~\"-~J"-O~S] 9SY-~7-Q3l.f~V ~;,~~~:;'c.~@ _-r;(-lfuo-Jgc{b q - I.fJ"3LJ
7. .Are you a registered voter? If so, where are you registered?
'je4 ~C;/lC+ 41115 -- r30Cy tMq~ -t7oaJ
? Ple.a elist in order of cfc..rcn c: c
- Dew: 0'
CITY OF DELRAY BEACH RECE\\fE.D
BOARD MEMBER APPLICATIO~t.C 1 1_ ?1}1}6
Cn'l)J)'::;p )j'
M. I. E-
Name .5tev€r,
Cicy ifJ , tJ 1-..
ooC4 V1Cf70/)
s
~L
Zi..p Code
.::I3Cf 3/
Zip Code:
Gty
State
6. Date of Birth
9.
e&-~
DATE
Nore: This applic.ation will remain on file in me Gty Clerk's Office for a period of 2 years from thc date it was
submim:d. It will be rhe applicam's re3ponsibility 1:0 ensure chac a current applicacion is on file.
De.-ZZ-Z006 OZ:Jlpm
~rom-RUDtN MCCLOSKY 18TTH NTST
+9547644996
T-1Z3 P.003/003 F-004
STEVEN E. WALLACE
4301 N.li. 5TH A VENUE
BOCA RATON, FLORIDA 33431
Telephone: (561) 400-3896
Email: rcrun34440@).aol.com
EDUCATION:
Syracuse University College of Law
Syracuse. New York
CPA: 3.5, Top ]0%
Honors: Associate Editor, Syracuse law Review, Tax Moor Coun Team, Justinian Honorary Law Society
Juris Doctorate, cum laudtt .
May 1999
8randeis University
Waltham, Massachusetts
CPA: 333
Activities: Member, Phi Kappa Psi Fratemity. Disk Jockey and Spons AnelJOr, WBRS-fM
Bachelor of Arts in American Studies, Cum Laude
May 1995
EXPERIENCE:
Ruden, McClosky, Smith, Schuster, & Russell, P.A.
Real Estate and Banking A.ssociate
2006-Presem
Fort Lauderdale, Florida
General large-sc;lle developer repre$enl<uion in ~very stagc of th~ devc:lopll1ell! process involving Iransactions
lhroughout the Ultited S[ates. Representation of public companieS in Pllrchase and :>(lle tTansilcrions t1nd commercial
leasing maITers lhroughout th~ United Stares. Practice also includes national lender representation in transactions
throughoullhe United States. including construction. condo-holel ond eondo-con\trsion loans. and corporate finance.
Gunster. Yoakley & Stewart. P.A.
Real Estate Ass(.ciate
2005-2006
West Palm Beach, Flori4Ii
General real es[at.: practice, including developer representation in every stage or the development process from land
acquisition. ncgotiation or construction conlruct ncgo[iaIion of finance documents, preparation of association
documenLl; to closing of completed units. Pracliee also includes representation of variolls propen;y owners in purchase
and sale lransaerions, commercial leasing matters. negotiation of property managemenl agrcements. und genera/lender
reprcsentalivn, including conslnlerion loans, acquisidon and development loans. and corporate finance.
Wallace & Mellinger, P.A.
Founding Shareholder
2003-2005
Boca Raton. Florida
Founding shareholder of boutique firm with n broad based practice including title insurance. residcmialllnd commercial
ren! eSl<lte. corporate securi[ie;;, commercial litigation. community associations. re<LI estale finance. and IllfId USe.
Sachs Sax Klein, P.A.
Corporate and Real Estate Associate
1002-2003
Bc,ca Raton. Florida
Drafted real (:State: purchase agre~ments, commerci"llcases. and corporate merger lnd acquisition agreements.
Winstead Sechrest and Minick, P.A.
Corporate Securities Associate
2000-2002
Dallas. Texas
Drafted finance agreements. securities documents.. merger Ilnd acquisition agreements. and general corporale contracts.
BAR ADMISSIONS: New Y orl.: (2000). Texas (200 I), Florida (2002)
OTHER DISTINCTIONS: Approved ritle agent with Anorneys Tiile Insurance Company and LandAmeriQl.
Lic<:nsed Florida mongage broker. and Licensed Florida RCllhor.
COMMUNITY ACTIVITI.ES: Board Member, City of Boca Ralon Environmenml Advisory Board, Board Member
and Classroom Teacher al Pompano Beach High Sdlool. Junior Achievement of South Florida Prot'essional
Connection, Membu, Palm Beach Count)' Democralic Exccuti'ole Commitlee:, Volt.mteer Coach, West Boca Basketball.
V olunker, Jc:wish Big P.l1 Program. and Member, Young Adu It Division of Braward 1cwish Federation.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITYMANAGER~
SUBJECT: AGENDA ITEM # ~ REGULAR MEETING OF FEBRUARY 6. 2007
APPOINTMENT TO THE NUISANCE ABATEMENT BOARD
DATE: FEBRUARY 2, 2007
At the City Commission meeting of January 16, 2007, Ms. Susan Kay, of the Nuisance
Abatement Board, was appointed to the Code Enforcement Board. This creates a vacancy on
the Nuisance Abatement Board for a regular member to serve an unexpired term ending
March 31, 2008. Ms. Eileen Marks and Ms. Arline Sherman are both alternate members and
would like to be regular members.
The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21,
1997, for the purpose of hearing evidence related to the existence of certain public nuisance
on premises located in the City. The board consists of five regular members and two alternate
members. Members shall be residents of, own property, own a business or be an officer,
director or manager of a business located within the City, and are appointed by an affirmative
vote of at least four members of the City Commission.
The following individuals have submitted applications and would like to be considered for
appointment:
See Exhibit "A" attached
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat
#3) for one (1) regular member to serve an unexpired term ending March 31, 2008.
Recommend appointment of one (1) regular member to the Nuisance Abatement Board for an
unexpired term ending March 31, 2008.
Leonard Epstien
Katherine Fazio
Bernard Federgreen
Gerald Franciosa
Linda Laurence Lieb
Eileen Marks
Arline Sherman
NUISANCE ABATEMENT BOARD
EXHIBIT "A"
Resident
Resident
Resident (also applying for the Board of Adjustment)
Resident
Resident (currently serving on the Neighborhood Advisory
Council)
Resident
Incumbent
Resident
Incumbent
01/07
NUISANCE ABATEMENT
TERM EXPIRES REGULAR MEMBERS OCCUPATION TELEPHONE
03/31/2008 Greta Britt Coordinator Home: 495-1614
Unexp Alt 02/01/05 867 Sunflower Avenue
Unexp reg 02/15/05 Dekay Beach, FL 33445
Re-appt 03/15/05 reg
~ 02/21/06
03/31/2007 Philip Friedman Real Estate/ Home: 276-2207
Unexp Appt 03/01/05 alt 960 A lhmanda Drive Financial Aid
Re-appt Reg 03/31/05 alt Dekay Beach, FL 33483
UneXD rei!: Aoot 01/17/06
03/31/2007 Kenneth Kaltman Financial Manager Home: 274-6751
Unexp Alt 03/01/05 C/O NCS Work: 330-7645
Re-appt 03/31/05 reg 355 NE 51h A venue Suite #4 Cell: 870-4859
Dekay Beach, FL 33483
03/31/2008
Unexp Appt
Vacant
03/31/2007 Todd L'Herrou, Chair Web Designer Home: 278-2415
Appt 03/31/05 830 Kokomo Key Lane Work: 272-3200
Dekay Beach, FL 33483 Cell: 302-3209
POLICE LEGAL ADVISOR
Catherine Kozol Work: 243-7822
Secretary: 243-7823
ALTERNATES
03/31/2007 Arline Shennan Manager Home: 278-0858
Unexp Appt 02/07/06 3185 NW 141h Street Cell: 706-1076
Dekay Beach, FL 33445
03/31/2007 Eileen Marks CSR/Banking Home: 266-8494
Appt04/15/03 371 Coral Trace Lane
Appt Reg 02/15/05 unexp Dekay Beach, FL 33445
Re-aoot Alt 03/31/05
BOARD COUNSEL
Steve D. Rubin, Esq Work: (561)391-7992
980 N Federal Highway Fax: (561 )347-0828
Suite 434
Boca Raton, FL 33432-2704
Assistant-Martha
Contact: Venice Cobb
s/City Clerk/Board 07/Nuisance Abatement
DElRAY BEACH
. ,'. . I . ...
*****
f\E.GE"VE.O
CITY OF DELRAY BEACH J~~ 14 'l.n~l
BOARD MEMBER APPLICATION v C\..t:-~'f..
Cf\' .
ANIIedCaCfty
, III J!
1993
2001
1.
Name / .
AG. 061/ v9-fCt..J
City
.f)
.L
o
Zip Code
~3 :r-
Zip Code
2.
13 C/IT
3.
City
4.
City
State
Zip Code
What Board(s) are you interested in serving? Please list in order of preferenc~:
E-Mail Address: Cell Phone; /1.
H~ ~l~ fU.t~ U
7. Are you a registered voter? If so, where are you registered?
r!J~~ tvJr "n.
o
Fax:
stl - ~7p-03
~
(l-~ /j-~ #4--~
9. list auCi~ Boards on which you are currendy serving or ~ave previou~ se~(please include dates)
10. Educational qualifications:
-:2-- 1L 5
P/1-~A/,c:b/2..B~~ ,< (::) I'
~C-~
;' / (/~ "3
/~?A7
11. List any related profes:;ional certifications and licenses which you hold:
12. Give youe present, or most recent employer, and position:
~
es ribe e periences. skills or knowledge which qualify you to serve on this board: (please atbch a brief resume
,..... I ~~
~
~.
---
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.
,~~B~?! ~O -4 7/055
~\...J
;imIH1caI"'v \\ 1 'l\\\\.... CITY OF DELRAY BEACH -1r-i'-1'
. ,~ ~~~ G,,~~OARD MEMBER APPLICATIONoLD'
1993 V\~~ .
2001 . -lrtfrIljSZsJr:/
*****
L
1.
2
3.
4. Principal Business Address:
City
State
Zip Code'
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
CILIJ
~
9. Educational qualificatiOns:
10. list any related professional certifications and licenses which you hold:
11. Give your present, or most recent employer, and position:
, . rM.--
(j
Note: This application will remain on file in the City Clerk's'Qffice for a period of 2 years from the date it was
submitted. It will be the applicants responsibility to ensure that a current application is on file.
IN'TI"YrJ,J;JtlNlnAlInlAPPI.r.ATJON
LI1l . t/t 1/
RESUME
KATHERINE FAZIO
1118 Harbor Drive
Delray Beach, Florida 33483
Home: 561..,276-4939
Mobile: 561-289-2320
Email: k6464@aol.com
Objective: To participate as a citizen on the City of Dekay Beach Boards
Experience: 9fl.OO5 - Present
Carl W. Timpson Dekay Beach, FL .
Timpson Investments, Inc.
Assistant
Work part-time providing administrative assistance. Written client
communications, phone work,. bill paying and more.
612005-9fl.OO5
Randolph T. Ely Dekay Beach, FL
Allmon, Tiernan andEly
Receptionist
Worked. part-time providing many administrative services for an
extremely busy and successful real estate office - phones, contracts,
mailings and MLS software. Was offered. a full-time position.
8/1990 - 8fl.OO1 Write to Me Delray Beach, FL
Owner
Initiated and operated. a local stationery business. Represented. 35
different companies to a customer base of over 300 people in the Dekay
Beach area. Computer use was extensive for all hilling, accounting and
marketing. Running the business required organizational skills, creativity,
and a gregarious, outgoing personality. Sold the business for more than
four times the original investment
8/1981 -/1985 Baystate Financial Boston, MA
Assistant Vice President, Investments
Responsible for providing marketing and sales support to 135 Registered
Representatives in the investment business. The position required in...:
depth knowledge of investment products which included annuities,
mutual funds, unit investment trusts, tax shelters and discount brokerage.
Created and maintained all marketing aids, reviewed new products,
provided sales support to the Registered Representatives and managed. an
office staff of five.
8/1979 - 8/1981 Keystone Massachusetts Boston, MA
Manager, Field Marketing Services
The position provided sales support to the Northeast Regional Vice
President and all of her broker/dealers. Assisted in the marketing of'
mutual funds, retirement plans, annuities, trust services and private money
management Responsible for overseeing five other Marketing AssistantS.
W orked clo~ly with the entire field of Regional Vice Presidents to
coordinate their sales efforts around the country with the home office.
8/1977 -/1979 Massachusetts Financial Boston, MA
Services
Marketing Assistant
Started as secretary but was promoted to Marketing Assistant which
required sales support and service of customer accounts for the
broker/dealers. Dealt with mutual fund products and retirement plans.
8/1976 - 8/1977
Alliance Capital
Management
Boston, MA
Receptionist
First job upon completing of college degree. Receptionist for busy
investment firm. General office work
Education: 611975 Rollins College
Bachelor's Degree
Winter Park; FL
After Rollins, obtained Life, Accident and Health Insurance license also
National.Association of Security Dealers license.
Affiliations: 912001- Present Paul's Place After School Dekay Beach,. FL
Board Member and Volunteer
911999 - 9/2004
Mentor
Big Brother Big Sister
Delray Beach,. FL
Personal: Married with two grown children. Active community volunteer. Love to
play tennis, golf, ~ travel and read
*****
10;'5/OJ
DB.RAY B'EACH
.........
wr
. 1993
2001
CITY OF DELRAYBEACH RECEIVED
BOARD MEMBER APPLICATION OCT 14 2005
CITY CLERK
info1Dl2.tion:
l/E
State
FL.,
State
f:=i-,
State
MI'T
?J.p Code
33
Zip Code
33 JC1?/
Zip Code
EGlV
Ave;-
"
~
...----
--
5. Home Phone: .
~I tlu;. 333 '
6. Are you a registered voter?
Business Phone:
Cell Phone:
Fax:
-
.--
7.
:.k!t/iSai]fle
oj.
10. List any related ptofessio~ certifications and licenses which you hold:
It. Give yo'(tesent,o
~M- 1-.4
Of? ~;Je/( 4v";d71
cribe experiences, skills or knowledge which qualify you to serve on this board: (please atbch a brief resume)
A /t:hvBe- ,Clf? t/A./l s a-'" -
i:::1
the above statements are true, and I agree and undecstand that any misstatement of materi2l facts
may cause forfeiture upon my part of any appointment I may receive.
. . r25 I /~/t94J\/-
DAlE f' ..
",tote: 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. .
S'CITYa..mu:.\BOARtM.l'rUCA.nON
DElRAY, BEACH
.,.....
****-
EGE\VED
'. R
CITY OF DELRA Y BEACH r r 'lnn6
.JtO ~ 'l '-'U
BOARD MEMBER APPLICATIoN e,f\"
. crt'< CL
t?J(9
AI AIIedCaCftr
, , IIJ!
1993
2001
t. Name
2 ~r: City /J S~L
eL
3. Legal Residence: City State
4. Principal Business Address: City State Zip Code
5. Home Phone:
Business Phone: E-Mail Address:
f;,+Nt;i /J.JA .'J.
7. Are you a registered voter?
Cell ~J~ /;
I. .Go,..,
f so, where are you registered?
Fax:
,
-"..
, /
./.
.10. EducatiorW qualifications:
~~,q? t
11. List any related professional certifications and licenses which you hold:
{At-. B;. ,~~~ -z:;
12. Give your preseot, or most recent employer, and position:
13. Describe experiences, skills or knowledge which qualify you to serve on this board: (pI~e attach a brief resume)
(-
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.
AlHlllerlcaCity
, III I!
1993
2001
1.
2.
3.
4.
'.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
/ ~Hj()rp
()~ CPt- 1fR'
DELRAY BEACH
, .. 0 . . 0 "
*****
information:
-.
City
State
Zip Code
Business Phone:
Fax:
9.
11.
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
co~ 7a;;;;;;;;}J;J;;; ~~f;~;"'Unent I ma~ teOOve.
~NATURE
DEe
Note: TIlls 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 respoCilJW @lr4..ii:QKhat a current application is on file.
s\cITYCLERK\BOARIMPPUCATlON
.IfrVlPJ 1/17
DElRAY BEACH
f .. 0 . I D "
*****
RECEIVED
CITY OF DELRAY BEACH FEf3 0 8 2005
BOARD MEMBER APPLICATIONC.....,~l ; '''LERK
. HJV
p/f/Oj
AHalericaCity
"UJl
1993
2001
info1Dl2.tion:
LAtJE
ML
State
~L
State
ZiP. Code
""J?t y~
Zip Code
4.
City
State
Zip Code
E-Mail Address:
Cell Phone:
Fax:
~/"~~ -I
6. Are you a regist
11. Give your present, or most recent employer, and position:
12; Describe experiences, skills or kilOwledge which qualify you to serve on this board: (please attach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that ailymisstatementof material facts
.co~:: ~cause forteirnre upon my part of anyaPPOinttnen~. ;7.
'o..iNATURE . 0%
Note: 'Ibis application will remain on file in the City Clerk's Office for a period of2 years from the date it was
submitted, It will be the applicant's responsibility to ensure that a current application is on file.
S\ClTYa.ERK.\IlOARD\APPUCATION
*****
/,hllSldaf ~r~f.
J i-ItlI7~/
CITY OF DELRAY BEACH j~~ 4
BOARD MEMB.ER APPLICATION 1'/.,/&17
DELRAY BEACH
.to.'OA
All-AmedC8City
" III!
1993
2001
Please e or tint the follo info1Dl2.tion:
1. Last Name: SHeRMAN
2. Home Address:
.:3/ g S" IJ. w: I Ii S-r.
3. Legal Residence:
~~
4. Principal Business Address:
Name /t~l...iN IE:.
City
ML
]).
Zip Code
-
City
State
Zip Code
M~
5. Home Phone:
-
- -
Business Phone:
E-Mail Address: Cell Phone:
Fax:
-
7. What Boacd(s) are you interested in serving? Please list in order of p eference:
. you are currently serving or have previously served: (please include dates)
~.
.,....:.~
~
0- _ ..
, , .~I-CDwS
I hereby certify tHat all th'e above statements ace e, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
/f~ J9.~~ RECEiVED
8NATURE JAN 1 0 2005
'f:I"s-
DA:
Note: This application will remain on file in the p~_~l~ {?ffice foe a period of 2 years from the date it was
submitted. It will be the applicant's ~r(sibiUtfc6 ~nsure that a current application is on file.
S\ClTYCLERK\BOAlID'lAPPUCATION
~
.
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
David T. Harden, City Manager
v# Robert A. Barcinski, Assistant City Manager
FROM:
DATE:
February 1,2007
SUBJECT:
Agenda Item - City Commission Meeting February 6, 2007
Special Event Request - Delray Beach Film Festival
Action:
City Commission is requested to endorse the 2nd Annual Delray Beach Film Festival
proposed to be held from March 13 through March 18, 2007; to grant a temporary use
permit see LDR's Section 2.4.6(F) for the closure of NW 1st Street on March 13, 2007
from 9:00 p.m. - 2:00 a.m., for the event party at DaDa's; to approve the reservation of
sixteen (16) tee times at the Municipal Golf Course on March 15, 2007 beginning at 9:00
a.m., for a golf outing; to approve the use of the south end of the beach on March 17, 2007
from 8:00 a.m. to noon, for a surfing demonstration and contest; to approve the use ofthe
beach on March 16, 2007 from 10:00 a.m. - 6:00 p.m., for Beach Tennis in front of the
Marriott and Boston's On The Beach; to authorize staff support for the traffic control and
security for the street closure and event signage.
Backflround:
Attached is a permit request received from Dr. Posner along with a proposed budget, site
maps, event schedule and additional information for this event.
Dr. Posner intends to again utilize the Crest Theater and Pavilion at Old School Square as
well as the Regal Cinema to show the films. Film showings will be held from March 13
through March 18, 2007 from 11 :00 a.m. to midnight.
City staff services are needed for the street closure request for barricading, traffic control
and security. The estimated overtime costs for staff is $1100. Per event policies and
procedures there would be no charge for these costs.
Commission approval is needed for the street closure and staff support, tee time
reservations and beach use as proposed.
U:\Agenda\Agenda Item Delray Beach Film Festiva 2007 ,doc
q.M
Recommendation:
Staff recommends consideration of approval of the Delray Beach Film Festival requests for
the tee time reservations, beach use, street closure and staff support and event signage as
requested with the following conditions:
1. Receipt of a certificate of event liability insurance by March 3, 2007.
2. Receipt of an executed copy of a rental agreement with Old School Square by
February 19,2007.
3. Receipt ofa Hold Harmless Agreement by February 19,2007.
4. Approval ofthe street closure request to no later than midnight on March 13,2007,
with no outdoor amplified music after 11 :00 p.m., on that date.
RAB/db
Attachment
U:\Agenda\Agenda Item Delray Beach Film Festiva 2007 ,doc
City of Delray Beach
Special Event Permit
Application
p~R,:\y,B~ECE'VED
MftlN Z 6 2006
'I..II..J. :ASS \ ::,'\ j....,..\ ,-
, . T'i MANI\GER
@
1993
2001
Event Approved/Denied
Approved/Denied by
PLEASE PRINT
Date of Approval/Denial
Title
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
12.
Event NamelTitle: ~Y"c!..l.f 8~cL....
Event Dq.te(s): t;;j
M~r~ 1-3- 'B
3
to
City 0 Non-Profit/Charitable 0 Private 0
~ Ii"" ~ /~
14.
Site plan attached:
(Site plan required for entire event site)
Event budget attached: yes
(Required for all events) Z
Serving or selling alcoholic beverages: yes no
(If yes, copy of license and alcohol liability insurance required two (2) W7 prior
to event)
Event certificate of insurance attached: yes no .
(Required two (2) weeks prior to event naming the City as additional insured, a 0
required for vendors)
Playing of amplified music:
(Waiver required)
Requesting Police assistance:
(Traffic control/security)
yes
no
no
13.
15.
16.
no
yes
/' no
~~:'}.'11~ ~ (l o.
,A~ '--/J~---- ~~~
yes
1
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
yes
no
/
/
Will supplement with private security:
(If yes, need plan attached)
Requesting Emergency Medical assistance: yes / no
Requesting barricade assistance: yes / no./
Requesting trash removaVclean up assistance: yes ~ nO=7;=./
Requesting trash boxes and liners: yes ~ no
Requesting stage use: yes no
(If yes, check type) U5 I~ 055 ~& L-yV ~
Large stage covered D Large stage no cover D Small stage crrHcfI~lr'
stageD ~
Requesting signage : yes..". no
Type: Event sign (4'x4') Directional signs :.s ,,",0 ~ c.odl...b
Banner hanging 1;~5 Indicate dates require - Fe" 2 7:" 2."'7
(Waiver required i more than one (1) week prior to event) /
Food and beverage vendors: yes no
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor which is due no later
than one week prior to the event In hO/A..-se
~
no V
no v/
no ./
Health Department approval: (see attached) yes
Other vendors: yes
Tents: yes
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides? requiring state approval? /
yes no~
(If yes, type and location and copy of liability insurance required)(Also,
please provide the name, address and contact phone number for each
amusement provider along with copies of their liability insurance)
29.
/'
V
32.
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 no
(If yes, contact Fire Marshall) -r-
Will you be providing port-a-Iets for the event? yes no~
(If yes, locate on-site map. If no, Indicate how 7Will handle restroom
~~~~~re be a charge for the evrnt? fJ /.. i yes nOT
(If yes, indicate ticket prices) f B ci 1i'c.)<~
Is reserved parking requested? yes no
(If yes, indicate locations)
no
yes
30.
V
/
no
31.
33.
34.
2
35. Nei hborhood Block Parties Nei hborhood block arties onl
. Is event sponsored by the Homeowner's Association? yes_ no_
(/f not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following:1) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event.3)
Consumption or sale of alcohol on City rights-of-way will not be
permitted.4) Structures other than barricades are not allowed in City
rights-of-way.5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
,e
~Ju,lo(p
Event Contractor/Coordinator
Please print: M,eh,,~ Pe>~1\7eR
Date
Please enclose the appropriate non-refundable application fee payable to the City of
Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use On y
Date Received
Site map /...........
Budget V
Certificate of insurance V
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval .--
501 c(3) or (d) certificate or letter V
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
$ k'A. eJD '!zol!?!E.
Application fee received _ ~C/
.JI'
3
Tuesday
13 March
Events during the Film Festival
Opening Night Film - 6:30 at theatre film 7:30
Party at DADA on Swinton belly dance troop- block closed
off - need security/ not professional. Reggae band -scholars
word. TBC
Wednesday Workshop 10 - 12- Crest
14 March Workshop 1:30 - 3:30 Crest
Surf Lessons (waves permitting) 12PM
Cocktails 4-6- Sal Principe Gallery- 5 up 2 down Party
Free films at the Outdoor Pavilion, Crest Theatre 7-11 PM
After Party (evening event) Fitzy's Beach Tennis Sponsor
Horror Movies 12AM- 3AM colony hotel
Thursday
guests
15 March
~
Golf Toumament-Delray municipal golf course 9:00 am 20
Workshop 11- 1 :30 Sam Grogg Workshop Film School Deans
Workshop 1:30 - 3:30-women in film
Brunch Christina's TBC
Surf Lessons (waves permitting) 12PM
Cocktails 4-6 Sol kitchen-
Free films at the Outdoor Pavilion, Crest Theatre 7-IIPM
After Party (evening event) SAKI ROOM TBC
Horror Movies 12 A M - 3 AM colony
Friday
16 March Workshop 10 -12
Workshop 1:00 - 3:00 Delray Beach library Bill Plympton animation
Surf Lessons (waves permitting) 12PM
Pro-beach tennis usa 10-6pm North end
Cocktails 4-6 - Bermuda Inn Barbeque TBC band
After Party Festival Honoree Spa 11 8:00pm
Horror Movies 12AM
Saturday
17 March
Children's Day Henson, hip hop kidz, Regal theatre
Surf Contest (begins 8 - 9 AM) so end scott
Pro beach tennis usa 10-6:00 pm north end
Cocktail party mc
Workshop 10 - 12
Workshop 1 :30 - 3:30 (tentative?)
St Patrick's Cocktails 4 - 6 Dada
Closing Night Film w/ Awards saki room?
Closing Night Party -Deluxe TBC
Sunday
18 March
Fan Favorites Shown All Day starts 10 am
Brazilian Day - Brazilian movies shown all day in one theatre
NALIP workshop all day
After Party Brazilian Day GOL TBe
Workshops
./ Animation Bill Plympton ./ Kathy Shulman? Keynote speaker?
./ Film School Directors ./ Independent Films
./ Film Commissioners ./ Puppets (Saturday) Henson
./ Women in Film ./ NALIP (Saturday)
Results and facts from 2006 DBFF
513 hotel room nights
14,867 attendees based on recorded ballots
550 (30) second spots on Adelphia cable
200+ 60 second spots before each film program
35 editorial articles in the local papers re dbff
6 page article and cover in Delray Beach magazine
We had several full page and 'l4 page ads in all tri county newspapers
200+ filmmakers from out of town
400+ attendees opening nite event at DADA,
300+ attendees Roger & Julie Corman event
200+ attendees closing night party
Over 800 film submissions
We screened 457 films
Corman workshop 100+
NALIP workshops 50+
2 interviews on TV news and HDT
We had over 120 volunteers working from 4 hours to 60 hours
We had a volunteer after brunch with 54 atendees
Our celebrity golf contest had 16 filmmakers and celebs
Our Celeb /Pro surfing contest had 32 contestants
We gave out 10,000 free tickets,
We had free workshops open to the community.
We screened over 100 student films.
We donated 500 to the Peggy Adams Shelter
We gave out 2$500 student awards for best film
We had a free Animal show Saturday afternoon for kids
Opening day we had a free breakfast, lunch and screenings for seniors at the crest theater.
Florida State film Comm. Paul Sirmons hosted the Roger and Julie Corman Awards
presentation
We gave out over 5000 film guides
Commissions
Ac ?Iegal
Airlines
Honoree - 4
Press - 4
Filmmakers - 6
Other
Auto/Limo Rental
Licenses and Fees
EntertainmentlTravel
Film Rental
Hotel
Honorees
Press - 4
Filmmakers - 6
Other
Hospitality/Press Suite
Insurance
Merchandise
Theater Rental
Theater Equipment
Contingency Film Issues
Bancard Fees
OFFICE EXPENSES
Rent
Electric
Phones
Security
Maintenance
Supplies
Postage/Fedex
FedEx
Postage
Equipment
Total OFFICE
Web design & maintenance
EVENTS
Festival Events
Total EVENTS
Legal
Delray Beach Film Festival, Inc
2006Proposed Budget
2006 sample 2007 DBFF
Budget Budget
$ 1,000 $ 1,000
$ 18,000 $ 3,500
$ 27,000 $ 10,500
$ 10,000 $ 4,000
$ 4,000 $ 2,500
$ 4,000 $ 2,000
$ 9,000 $ 2,000
$ 5,000 $ 2,000
$ 300 $ 600
$ 2,500 $ . 22,500
$ 1,500 $ 3,500
$ 25,000 $ 10,000
$ 10,000 $ 2,000
$ 4,000 $ 2,000
$ 4,000 $ 2,000
$ 9,000 $ 4,000
$ 3,000 $ 2,000
$ 2,000 $ 1,900
$ 2,500 $ 4,500
$ 2,500 $ 25,700
$ 18,000 $ 2,500
$ 2,000 $ 2,000
$ 1,200 $ 1 200
$ 113,500 $ 93,400
$ 10,800 $ 4,000
$ 900 $ 100
$ 6,500 $ 1,000
$ 456 $ 100
$ 480 $ 100
$ 1,500 $ 600
$ 8,500 $ 5,800
$ 7,225 $ 5,000
$ 1,275 $ 800
$ 1,200 $ 1,600
$ 30,336 $ 13,300
$ 1,500
$ 130,000 $ 10,000
$ 130,000 $ 10,000
Delray Beach Film Festival, Inc
2006Proposed Budget
MARKETING
Advertising $ 50,000 $ 20,000
In County $ 43,000 $ 15,000
Out of County $ 7,000 $ 5,000
Festival Poster $ 1,000 $
Internet $ 3,500 $ 2,900
Photography $ 5,000 $ 2,000
Printing $ 30,000 $ 20,000
Publicity Expenses $ 2,000 $ 15,000
TrailerlTV Spot $ 2,000 $ 10,000
Filmmaker Gifts $ 1,000 $ 1,000
National PR Firm $ 16,000 $ 9,000
Creative $ 6,000 $ 2,000
Total MARKETING $ 116,500 $ 81,900
PERSONNEL
Executive Director $ 65,000 $
Assistant Director $ 25,000' $
Marketing $ 40,000 $ 13,500
Administrative Assistant $ 12,240 $
Booker $ 25,000 $
Seasonal Staff $ 16,000 $ 9,250
Volunteer Coordinator $ 2,000 $ 500
Theater Captains (2) $ 2,000 $ 500
Film PR $ 7,500 $ 5,000
Transportation $ 1,000 $ 500 .
Film Transport $ 1,000 $ 500
Hospitality Suite $ 500 $ 250
Other $ 2,000 $ 2,000
Total PERSONNEL $ 183,240 $ 22,750
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MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERtiJV1
AGENDA ITEM ~ 1b R REGULAR MEETING OF FEBRUARY 6. 2007
ORDINANCE NO. 59-06 (SEOND READING/SECOND PUBLIC
HEARING)
TO:
SUBJECT:
DATE:
FEBRUARY 2, 2007
1bis ordinance is before Commission for second reading and second public hearing for a 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-1-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 comer of
Sherwood Boulevard and Sutton Place.
At the first reading on January 16,2007, the Commission passed Ordinance No. 59-06.
Recommend approval of Ordinance No. 59-06 on second and final reading.
S:\City Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 59-06 Christ the King St Oare Monstety 2nd Reading & Public Hearing 02.06,07.doc
ORDINANCE NO. 59-06
AN ORDINANCE OF mE CI1Y COMMISSION OF mE CI1Y OF
DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM CF (COMMUNI1Y FACILITIES); TO LD (LOW
DENSI1Y RESIDENTIAL 0-5 DU / AC); ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS; AND
REZONING AND PLACING LAND PRESENlLY ZONED CF
(COMMUNI1Y 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 DELRA Y BEACH, FLORIDA, MARCH 2006"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Christ the King Monastery of St Clare, Inc., is the fee simple owner of a 9.00 acre
parcel of land located 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 of CF (Community Facilities); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned CF (Community Facilities) District;
and
WHEREAS, at its meeting of October 16, 2006, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to
recommend that the requests be denied, based upon a failure to make positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are not consistent with and does
not further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of DeIray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of DeIray 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 DeIray 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 DeIray 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 DeIray 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 DeIray 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 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
2
ORD NO. 59-06
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_.
A TIEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD NO. 59-06
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FROM:
DAwO~D~ANAGER
PAjL ~RLlNG~ DIR(jTOR 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 PRO (Planned Residential
Development) zoning category. Following public testimony, the Board continued the petition at
the request of the applicant in order for the applicant to work with the neighborhood groups.
On September 22, 2006, revised petitions were submitted. The new petitions involve amending
the Future Land Use Map designation from CF (Community Facilities) to LD (Low Density
Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA for a 9.0 acre
portion of the overall site. With the revised petition, the single family zoned parcels located along
Sherwood Boulevard would retain their current R-1-AAA-B zoning classification and a portion of
the site (the northwest corner) would retain its CF (Community Facilities) zoning classification as
this portion of the site would accommodate the relocated monastery use.
At its meeting of October 16, 2006, the Planning and Zoning Board held a public hearing to
consider the request for Future Land Use Map amendment (small-scale) from CF (COmmunity;o. f}
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-AA (Single Family Residential) for the subject property. Staff recommended
approval of a compromise which required the modification of the request to provide R-1-AAA-B
sized lots along the east property line where they immediately abut R-1-AAA-B zoned lots
within the Sherwood Park Subdivision. There was considerable public testimony. Several
residents spoke in opposition to the requested R-1-AA zoning district and requested a proposed
zoning of R-1-AAA-B; or a combination of R-1-AA and R-1-AAA-B. The residents also voiced
concerns with respect to the traffic and its impacts on the adjacent neighborhood street system
and requested that access be obtained to Military Trail through the Emmanuel Catholic Church
site. The Board discussed the proposal and offered the following comments, namely, that they
hoped some compromise could have been reached with the access and this remained a major
concern. They felt from a zoning perspective, the proposed zoning is compatible. After
discussing the proposal, the Board voted 5 to 0, to recommend that the request be denied
based upon findings that the request is inconsistent with the Comprehensive Plan, and does not
meet the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development
Regulations.
On December 12, 2006, the City Commission approved on First Reading an amended
Ordinance 59-06 and revised concept plan with Lots 1 - 6, 24 and 29 having a minimum size of
12, 500 sq. ft. each and the remaining lots with the exception of Lots 20 and Lot 25 meeting the
minimum standards of the R-1-AA zoning requirements. Both Lots 20 and 25 are 11,036 square
feet and although they exceed the minimum lot area of 9,500 sq. ft. they do not meet the
minimum lot frontage and lot width requirement. Pursuant to LDR Section 4.3.4(K)
"Development Standards Matrix" a minimum lot frontage and lot width of 95 feet is required for
corner lots. A proposed lot width and lot frontage dimension of 89 feet is proposed for each lot.
Pursuant to LDR Section 4.3.1 (D), lots or yards created after October 1, 1990 shall meet the
minimum requirements established by Chapter 4 unless the City Commission declares at the
time of approval of an associated development application that it is necessary and appropriate
to create such nonconformity. Pursuant to LDR Section 4.3.1 (D) the applicant is requesting the
following relief:
. Reduction of required lot frontage from 95 feet to 89 feet; and,
. Reduction of required lot width from 95 feet to 89 feet.
The requested relief with respect to lot frontage and lot width is noted in the following table:
95
95
100
9,500
89
89
124
11,036
95
95
100
9,500
89
89
124
11,036
2
City Commission Documentation - Meeting of January 2, 2007
Christ The King Monastery of 8t Clare Future land Use Map Amendment and Rezoning and Associated Reduction of
Lot Frontage and Lot Width Requirements for Proposed Lots 20 and 25
The proposed reconfiguration of the property allowed for the creation of larger lots similar in size
and dimensions to the R-1-AAA-B requirements for approximately the north one-half of the
parcel. In so doing it created nonconformity with respect to the lot frontage and lot width for
proposed Lots 20 and 25. Lots 20 and 25 are interior to the subdivision and exceed the 9,500
square feet minimum lot area requirement. As stated above the reduced lot frontage and lot
width will allow the creation of larger lots along the northern perimeter under the proposed
development scenario.
The justification provided by the applicant is attached and a summary of the reasons cited for
the reduction request is noted below:
"The reasons for the proposed reduction in the lot frontage and width requirements relate to the
restrictions being placed on other lots within the property contained in the Plan. The reason that
the other lots were restricted was to establish identical lot sizes to the lots immediately joining
them. This is a higher standard than is required for a future land use change or a rezoning. The
Plan has been revised so as to place a condition upon 5 lots in the northern quadrant of the
property that they be not less than 12,500 square feet. Increasing these lots sizes resulted in
reducing the lot frontage and widths for Lots 20 and 25. Even with this reduction, Lots 20 and 25
could allow for a home to be constructed with a width of 64 feet within the required setbacks,
which is generally speaking, as large as or larger than other homes in the area. Furthermore,
even with the reduction, Lots 20 and 25 will be 1,536 square feet larger than the lot size
required for the R-1-AA zoning district. Additionally, since corner lots require a width 20 feet
larger than interior lots, these lots are still 14 feet longer than interior lots would be.
Accordingly, the homes to be constructed on these lots will still meet the minimum lot size
requirement, allow for full size homes, and be in conformity with the surrounding neighborhood".
As the reduction in the lot frontage and lot width has been created in order to provide larger lots
adjacent to the neighboring properties it is appropriate that the City Commission determines that
the reduction request is necessary and appropriate. 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-AAA-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(D)(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 "An, 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-M 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
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 (CommunityFaciJities) to lD (low
Density Residential 0-5 du/ac) for a 9.00 acre portion of the Christ the King
Monastery of St Clare and rezoning from CF (Community Facilities) to R-1-AA
(Single Family Residential) (Quasi-Judicial Hearing). '
GENERAL DATA:
Owner/Applicant......................... ' Christ the King Monastery of
St Clare
Sister M. Veronica Butler
Jess Sowards
located 125 feet south of
Sherwood Boulevard and
approximately 650 feet east
of Military Trail
Property Size....;......................... ROO Acres
Future Land Use Map................ CF (Community Facilities)
Current Zoning..........................,. CF(Community. Facilities)
Proposed Future land Use Map LD (Low Density Residential'
O""5du/ac)
R..1-AA (Single Family
Residential) .
Adjacent Zoning................North: R-1-AAA-B'(Single Family
. Residential}
East: R-1-AAA-B(Single Family
Residential} 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....................
:__ ~ ___'_'-H-~_ :-.:_ _~~~~_,~)~r ~~(ir<J~~j~-@k:i~4~~_~~ _~~~~.4:0!A\i~) _~~~~~.~ -_~-~'F~.~_~~_~~
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-AA fora 9.00
acre portion of Christ the King Monastery of St Clare. The subject property is located 125 feet south of
Sherwood Boulevard, approximately 650 feet east of Military Trail, and to the rear (east) of the
Emmanuel Catholic Church.
Pursuant to lOR SeCtioh 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.
'ChrisUhe King Monastery of St. Clare is Jocated.on 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(CommlJnity
Facilities). With respectto the zoning history of the property, prior to October 1990, the zoning was,R-
1-AAA-R With the Citywide rezoning in October 1990, the property was rezoned to CFCommlJnity
Facilities. . .
With resp~ct to development activity, at its meeting of January 11, 2006, the Site Plan Review and
AppearanteBoardapproveda Class V site plan to allow thecoRstructionofa new Monasteiyfor the
Poor Clare Nuns, whichinclu.ded a sanctU8W, living quadersj arid administration;{)ffices. Subsequent
to thesite'.plan approval, if was determinedtbaUhe lCOSt-to buik:Land maintain the proposed facility
Was prohibitive cihdthe development proposaIWasabandoned.;>'
On Augusl?t2006, the PI~nning and Zoning Boatd considered a request fora Future Land Use Map ,
, (FLUM)'3lJ1endment from CF~(Community Facilities) to 1..;0 (L:ow Density Residential 0-5 du/ac) and a .
rezoniriQ'frorn CF(Comm!;Jnity Facilities). andR-1,.;AAA-B .(Single.iFamily Residentiaf) to: PRD-5 ,
(Planne(.f' 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 testimQnYj the Board continued the petitional the request of the applicant in order for the
applicanfto work with the neighborhood groups.
. .
On September 22, 2006, revised petitions were submitted. The new; petitions involve amending the
Future land Use Map designation from CF (Community Facilities} to lD (low Density Residential 0-5
du/ac) and rezoning from CF (Community, Facilities}toR-1-AA fora 9.0 acre portion of the overall site.
With the revised petition, tl;le .single family zoned parcelslocated along Sherwood Boulevard would
relc:iin their current R-1-AAA-B zoning classification. and a portion of the site (the northwest comer)
would retain itsCF (Community Facilities) zoning classification.
Florida Statutes 163.31873 - Small Scale Land Use Map Amendments:
This FutureLand Use Map Amendment is being processed as a Small-Scale Development pursuant
to Florida Statutes 163.3187. This statute states that localgovemment Comprehensive Plan Future
Land Use ,Map (imendments directly related to proposed small scale development activities may be
approved without regard to statutory limits on the frequency of consideration of amendments (twice a
year), subject to the following conditions:
P & Z Board Staff Report October 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 2
o The amendment does not exceed 10 acres of land;
o The cumulative effect of the amendments processed under this section shall not exceed 120
acres within designated redevelopment and traffic concurrency exception areas, or 60 acres
annually in areas lying outside the designated areas;
o The proposed amendment does not involve the same property, or the sam~ owner's property
within 200 feet of property,granted a change within a period of 12 months;
o That if the proposed amendment involves a residential land use, the residential land use has a
density of 10 units or less per acre;
o The proposed amendment does not involve a text change to the goals, 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,
Q The property that is the subject of a proposed amendment is not located within an area of
critical state concern.
The Future Land Use Map amendment involves a 9.00 acre portion of the overall 10.98 acre parcel.
Thus, the total area is less than the 10 acre maximum. The proposed amendment to to (Low Density
Residential 0-5 du/ac) is less than the maximum 10 dwelling unit per acre limit set for residential land
uses. The property is not located within a designated redevelopment, urban infill, downtown
revitalization, or traffic concurrency exception area. This amendment along with other small~scale
amendments processed this year, outside the designated areas, will total 11.55 acres which will not
exceed 60 acres. The property hasnotpreviously been considered fora la,,~l.Jse map amendment
,. nor has the same property owner's properties, within 200 feet, been granted a land use c,hange, within
the last year. The amendment does not involve a text change to the Co.mprehensive Plan and it is not
located within an area of critical state concern. '
Pursuant to Land. Development Regulation Section 3.1.1 (A)"(F'uture Land Use Map), all land
uses and resulting structures Olustbe allowed in the zoning district within which the land is
situated and, said zoning must be consistent with the land Ose designation as shown. on the
Future Land Use Map.
The Current CF zoning designation and CF (Community Facilities} Future Land Use Map designation
does not allow residential use. The Future Land Use Map amendinentan~ rezoning is being sought to
accommodate a future single family development on the site. The proposed R-1-AA(Single. Family
Residential) allows single family residenCes as principal use per LDR Section 4.4.3(8). Table t-7
"Land Use DesignationlZoning Matrix," of the Future Land Use Element, shows that the R-1 '"AA
zoning district is consistent with the LO Future Land Use Map designation. Thus, positive findings can
be made regarding consistency of the FLUM. '
REQUIRED FINDINGS:
Future land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be
based upon the fOllowing findings:
Q Demonstrated Need -- That there is a need for the requested land use. The need must be
based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, or similar
circumstances. The need must be supported by data and analysis. This policy shall not
apply to requests for the FLUM designations of Conservation or Recreation. and Open
Space.
The applicant has provided the following justification statement:
P & Z Board Staff Report O(,.~Jer 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 3
"The need for this application to request a land use amendment from CF to LD is due to changes in
availability of land. When the original 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 oritJina/34,060 sq. ft. building, built in 1967 on an 11.63 acre tract is in deplorab/~ condition
including water damage. Rased upon the required repairs and complying with current building
codes, it was determined that the existing facility should be demolished.
In 2003, a new 7,750 sq. ft. residence for retired priests was built on a .65 acre piece parceled out
of the original 11. 63 acres.. However, due to changing trends and conditions in their circumstances,
the Poor Clare Nuns are now proposing to abandon the existing facility which they can. no longer
maintain. In addition to the retired priest residence an additional residence of approximately 8,500
sq. ft. is being proposed for the nuns. To accommodate this addition andprovide open space for
, the new facility, the prop(Jrty size will beincreased from .65,acres to 0.99 acres, leaving a large
ur'developed parcel of approximately9, 00. acres available once the original facility is demolished.
Proposed for the 9. 00 acre~ balance are 25 to 29 single family lots. This would be a density
substantially less than 5 Linits per acre. .
The requested designation of Lpis consistent with the predominately residentialcomrriunitygoal of
.." - -' - - -.: - :.-' :.. . - " .~' ; '-- ," - - "- - -',: - .. - ','" . -. , -'. . ~- -'-' '. :
the adopted Comprehensive Plan, consi~tent with the objective.. to compli~ent adjacent' land uses
"and fulfill Policies by providing a variety of housing types to accommodate. the. ,diverse mak~IJP of
the Cityigdemographic profile t({meet housing need.
i\ fra.ffic s.tatementhas detelminedthat the parcel, completely-built out, will still meet concurrency
, stand-qfds.' . . ,
. - . . .
Acc;ordintJ to the FLUM map, the subject properly is currently surrounded 01] the nprth q[1(/ Cl
portion of the east by tD (Low Density 0-5 units per acre), on the east and south by os (Qpfm
Space - Lake View. Golf Course) qnd on the westbyCF(CommunityFacilities)- church property.
. . Therefore the land usedfJsignation of LD would be appropriate and compatible with existing and
future land uses of the surrounding properties. Development under the requested designation will
qomply with the provisions and requirements of the Land Development Regulations. n
The requested FlUM amendment is based on the changes in the availability of land. The current
CF Future land Use Map designation was tied to a specific existing ,use on' the subject property.
Since this existing use is being relocated and constructed as a smaller facility on a 0.99 acre
portion of the subject property, the remaining 9 acres will be available for new development Since
the current zoning and Future land Use Map designation will not allow single family residential
development, which is the prevailing land use in the area, the c~~nges are being sought. Given
the specific nature of the CF (Community Facilities) category and. the fact that the specific use Will
,no longer be on the majority of the site, the change is warranted. Therefore, positive findings can
be made with respect to fulfilling a demonstrated need.
Q Consistency -- The requested. designation is consistent with the goals, objectives, and
policies of the most recently adopted Comprehensive Plan.
Future Land Use Element Policv A-2.3: Development of remaining vacant properties shall occur in
a manner which is consistent with and complimentary to adjacent development regardless of
zoning designations. This policy shall be implemented through the review process associated with
platting and site plans.
P & Z Board Staff Report October 16, 2006 .
Ct)rist the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 4
The subject site is partially vacant. With the proposed demolition and reconstruction of the
monastery, 9.00 acres of the site will be available for development. The proposed LD (Low
Density Residential 0-5 du/ac) is consistent with the surrounding Future Land Use designations.
The property is sUrrounded on the north and east by single family residences, on the west by the
'Emmanuel Catholic Church an~ on the south and a portion of the east property line by the
. Lakeview Golf Course. The FLUM designation of the surrounding proPerties is LD (Low Density
Residential 0-5 du/ac) for the residential uses, CF (Community Facilities) for Emmanuel Catholic
Church, and OS (Open Space) for the lakeview Golf Course. As stated in the above policy,
development shall Occur in a manner which is consistent with and complimentary to adjacent
development regardless of zoning designations. This policy shall be implemented through the
review process of platting for single family developments.
'Housina Element Obiective A-3: For those areas identified as "stable residential" on the
Residential Neighborhood Categorization Map, the City shall implement the following policies to
ensure that they remainstable and do not decline:
Hoasino Element Policv A-3.2: The most restrictive residential zoning district that is .lipplicable
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 Faailities, Open Space,' Open Space and Recreation and Conservation shall be
' denied. '
The subject property is not identified as "stable" on the Residential Neighborhood Categorization
Map~ The "stable" designation covers a broad area to the north and east of the site and at the
time, the designation was applied~thesubjectparcel was zonedCFand the monastery was not
considered residential. Therefore, the subject property is not subject. to this provision. However,
consideration should be given to the compatibility of the prCfposal'with respect to the prevailing
...Iand uses. Tile 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
Sherwood Blvd. West
of Sutton Place
East side of property..
North\hal .
Single Family R-1-AAA-B 18,500 sq. ft. - 100' - 190' 185'
Residential 35,150 sq. ft.
Single Family R-1-AAA-B 12,500 sq. ft. 100' 125'
Residential
To the immediate north of the subject property, the lots fronting on the. south side of Sherwood
Boulevard are owned by Christ the King of St Clare, Inc. and are proposed to retain the R-1-AAA-
B zoning classification. The proposed lots in the R-1,.AA zoning, requested for the remaining 9.00
acres, will have a minimum lot area of 9,500 sq. ft. and minimum lot dimensions of 75'x100'
(interior lots) and 95'x100' (corner lots). The applicant is proposing lot sizes ranging from 9,545 sq.
ft. to 11,875 sq. ft. These lot sizes are slightly smaller than the surrounding lots which have a
minimum required dimension of 100' x 110'. It is recommended that the exterior lots immediately
adjacent to the abutting residential properties be increased in size to meet the minimum required
dimensions of 100' x 110'and a required minimum area of 12,500 sq. ft. This would require
. reconfiguration of proposed Lots 4, 9, and 10 and/or modification to a zoning classification of R-1-
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 OClUr.>er 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 5
residential land use designation (CF) to .a residential designation (LD) which is the same as the
adjacent "stable" residential neighborhood.
. .
Housinq Element Policv A-12.3: In evaluaUng proposals for new development or redevelopment,
the City shall consider the effect that the propo~al. will have on the stgbility of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and cir.qulation patterns shall
, be., reviewed in terms oftheirpotential to negatively impact the safety, habitability and stability of
residential areas. If it is determined that a proposed development willresuff.in a degradation of
any neighborhood, the project shall be modified accordingly or denied.
. ,
'. .
Compared to the potential for the existing monastery, the proposed ne'N,development will
decrease the traffic in the surrounding area by 8 ADT (Average Daily Trips), but will increase the
PM peak hour trips by 14. This increase is not substantial and should not negatively impact the
traffic patterns in the area. The proposed single family .will have little impact on. the surrounding
area with regard to noise, odors, dust, and/or circulation patterns, The applicant has two access
points to the development, one at the western end of Lakeview Boulevard and the other on
'Sherwood Boulevard. To minimize.the impacton Sherwood BoulevC)rd, it is important tOdnote that
the access will provide f.vI()-way access to the proposed monastery and then narrp'N, toproyide an
inbound, . one-way access only to. the proposed re.sidential development Tllis traffic circulation
. pattern has been proposed tp address neighborhood concerns over the projept's trafflc-impa,cts.
Providing an entrance 'only would reduce the number of trips coming from Military Trail thatwould
be required to access the subdivision via Sutton Place.
,..... -. . "0' .
Cl. Concurrency--, Development at th~ highestin~ensity possibl~. undert~e/request~d
. designation can meet the. adopted concurrency stCindards.
Theproposal,involves;,the'.FLUMamendmel1t of;~.OQ C)cr,~s frof:T1.CF to,LD~ At the,l'Tlaximum
density allowed under the LD. FLU M designation (9 units' per acre), it would;dbe possible to
construct 45 units. While the proposed development scenario will only contain a total ()f 29 single
family homes, the maximum number of units (9.00 acres x 5 du/ac = 45 units) which may be
accommodC)tedunder the LD FL,lJMdesignationtl9s beenanal}iZed for cpncurreney pUrpos~~.
, Traffic: The trip generation according to Table 10-8-3 "Fair Share Road Impact Fee Schedule"
Palm Beach County Traffic Performance Standards Ordinance for single family units is 10 ADT
{Average Daily Trips). Therefore, the redevelopment could generate a tqtalof 450ADT (Average
Daily Trips). It is noted that the existing use generates 328 trips (potential), resulting in 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 required. A copy of
the submitted traffic statement has been transmitted to the Palm Beach County Traffic pivision for
,review. A letter from the Palm Beach County Traffic Division stating that tile proposa!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
resp~ctto the ability of the project to meet traffic concurrency are anticipated. Based upon 'the
above condition of approval being addressed, apositive finding withrespectto traffic concurrency
can be made. . .
SaUd 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 ReguJations' (LDR) Section 5;3.2, a. park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for
each unit. Based upon the maximum development potential under the LD FLUM designation of 45
dwelling units, a park impact fee of $22,500 will be required. .
Schools: The Palm, Beach County School District must approve the development proposal for
compliance with the adopted Level of Service for School Concurrency. A School Concurrency
approval has beeR received for up to 48 singlefamilyhomesJ
Q Compatibility ~ The requested designation will be compatible with the existing and future
land uses of the surrounding area.
As stated above the property is surrounded on the north and east by single family residences, .on
the west by the Emmanuel Catholic Church and on the south and a portion of the east property
line by the Lakeview Golf Course. The FLUM designation of the surrounding properties is LD (Low
Density Residential.0-5:du/ac)for the residential uses;CF (Commun'ity Facilities) for Emmanuel
Catholic Church, and' OS (Open Space) for the Lakeview Golf Course.
The requesteddesignat;on of LD is compatible withtheadjacentresidential Future Land Use Map
designation. Therefore,posit;ve findings with respect to 'compatibiJity ban be made. The
conceptual plan indicates the developmEmt of 29 single family lots for the subject property. It is
recommended that the single family lot sizes lying adjacent to the existing single family residences
(Lots 4,9, and 10) be increased to the minimum required in the R-1-AAA-B (100' xt10' with a
required minimum area of 1.2,500 sq; ft) ,to enhance compatibility..,
:1'
Q Compliance - Development under the requested. designation will comply with the
provisions and requirements of the Land Development RegUlations.
Development of the property will. occur in accordance with the City's Land Development
Regulations during the platting review process.
Within the R-1-AA zoning district, single family detached dwellings are permitted asa principal use.
The applicant has submitted a conceptual plan that complies with the minimum lot dimensions
'required in the R-1-M zoning category. However, as stated above additional consideration must
be given to providing larger. sized lots along the eastern perimeter, where adjacent to existing
single family dwellings on larger lots. With.the above modification, a positive finding with respect to
compliance with the Land Development Regulations ~n 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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Reauired FindinQs:.(Chapter 3)
Pursuant to Section 3.1.1 (Required 'Findings), prior to the approval of development
applications, certain findings must be made in a form, which is part of the official record. This
may be achieved through information on the application, the Staff Report or Minutes. Findings
shall be made by the body, which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map, ;Concurrency, Comprehensive'
Plan Consistency, and Compliance with the land Development Regulations.
F,ut~re land Use Map; Concurrency and Comprehensive Plan Consistency were previously
disCl)ssed 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.
Consistencv:Compliance with the performance standards set forth in Section:J.2.2
(Standards for Rezoning Actions), along with the required findings in Section 2.4.5(0) (5)
{Rezoning Findings}, shall be the basis uponwhich 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 ot-overall consistency.
Section 3.2.2 (Standards for RezoninQ Actions): Standards B,C and E are not applicable with
respecttothis rezoning request.. TheappUcable performance standards of Section 3;2.2 are as
. fonows: '
(A) Themostresttictive,resldentiat zoning district that is .apPIiCablEJgiven existing
development patterns and;lypicallot sizes.shallbe app,lied, to those areas.'identified as
"stable" and "stabilization" on the Residential Neighborhood Categorization Map.
Requests :forrezonings 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(SingleFamily
Residential) and lie along the north and a portion of the east perimeter. The other adjacent
zonings include OSR (Open Space and Recreation to the east and south and CF (Community
Facilities) to the west and south~ The "stable" designation is not 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. !tis 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
Ct)rist the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 8
The following zoning designations and uses border the property:
Direction
Zonina
Uses
North
,West
South
East
R-1-AAA-B
CF
OSR & CF
OSR & R-1-AAA-B
Single Family Residential
Emmanuel Catholic Church
Lakeview Golf Course and Duncan Center
Lakeview Golf Course and Single Family
The "Purpose and Intent"of all Single Family zoning districts under Section 4A:3(A} states:
"The Single Family Rf)sidential Districts have befm created in order to provide areas where the
. traditional single family detached residences can be established and maintained and be
protected from the unwarranted intrusion of other inappropriate uses. Further, ,the Single
Family Residential Districts are established in compliance with provisions of Goal Area "A" of
the Comprehensive Plan which calls for the preservation' and maintenance of stable
neighborhoods. n
As stated above, the proposed R-1-AA,Single Family Residential zoning district is consistent
with the proposed LD (Low Density Residential 0-5}.FLUM,designation.Based on.a minimum
lot size of 9,500 square feet, themaximumdensity allowed under the R-1'"AAis 4.5 units per
acre (however, actual densities are reduced to accommodate roadways). 'Conversely, the
maximum density within the R-1-AAA-B is 3.48 units per acre, based on a minimum lot size of
12,500 square feet. Based solely on average lot si~~s(a9ainabser;1ce, of,aqJustment for
. roadways} the densities within the surrounding neighborhood are, 4.5 units in the R-1-AA
Section of the Lakeview neighborhood. and. vary between2"units per acre to 3.48 units per acre
io the R-1-AAA-B sections.
A comparison of the lot development standards pursuant to LDR Section 4.3.4(K) is provided
below:
SETBAcKS '
MINIMUM LOT LOT MINIMUM MINIMUM SlOE SIDE. .'. [,;,"
LOT WIDTH LOT FRONTAGE FLOOR ,OPEN FRONT STREET INTERIOR
SIZE I/C DEP1lt IfC AREA . SPACE 1&2/3 (7) 1 &2/3 (7) 1&2/3 (7) REAR /'lEIGHT(4)
{sq. ft.) (ft.) (fl) (ft.) {sq. ft.) (ft.) (ft.) (ft.) {ft.1 (ft.1
fR-1-AAAB 12,500 100 .. . 110 100 1,500 .' 25% 35 17 12 12 35
fR-1-AA 9.500 75/95 100 75/95 .1,500 25% ,30 15 .10 10 35
While the development standards differ with respect lots sizes and setback requirements,
elements such as the minimum floor area, open space and height requirements are the same
for both zoning districts. As noted previously, the existing lots fronting on the south side of
Sherwood Boulevard which are owned by, Christ The King Monastery of StClare, Inc. will
remain R-1-:AAA-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 Lakeview Subdivisions. While the Sherwood Park Subdivision is zoned R-
1-AAA-B, the Lakeview Subdivision is comprised of both the R-1-AAA-B and R-1-AA zoning
classifications.
P & Z Board Staff Report OC.....,jer 16, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 9
- Zonina Map of Surroundina Subdivisions
The difference in these zoning classification have existed in the neighborhood since the 1960's
and have not created any negative impact with respect to property values or traffic impacts.
,Attached is a comparison oftheappraised property values between the R-1;.AAA..Band R-t-.
'AA zoning district sections of the surrounding neighborhood'. No appreciatiVe difference is
shown between ,the two zoning districts~
, Section2~4.5(D)(5} IRezoninaFindinQs}:
. 'Pursuant to. Section2.4~5(D)( 5).(Findings),i n addition. to pr.ovisions. of Section 3.1.1, the, City
Commission must make a finding that the rezoning fulfills one of the reasons fonNhich the
rezoning change is being sought. These reasons include the foHowing: .
a. That the zoning had previously been changed, or was originally established,ill error;
b~ .That there has been a change in circumstances which make the current zoning
inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future land Use
Map and that it _is mOre appropriate for the property based upon . circumstances
particular to the site and/or neighborhood.
In the rezoning application, the applicant has indicated that there has been a change in circumstances
which makes the current zoning inappropriate. The applicant states;
"There has been a change in zoning which makes the cun-ent zoning inappropriate. .The 40,
year old monastery is in deplorable condition including water damage. Since it is too costly to
make repairs and maintain, the nuns in residence are proposing to demolish the facility and
move to a smaller site thus making 9.00 acres of vacant land available for development. Single
family residential (R-1-AA) is similar to the existing CF zoning in intensity but more appropriate
to the adjacent areas. - Examples of allowable uses in CF are clubs and lodges, abused
spouse residences, chl1d 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
Cf1rist 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-M 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,r1oted previously, compliance with the. Land Development Regulations will Occur during the
subdivision plat process, at which time,the layout of the site, including the street system and lot
configuration will be approved.
The development proposal is not lotated within the geographical area requiring review by the CRA
(Community Redevelopment Agency) of the DDA (Downtown Development Authority).
IPARC Notice:'
Oiic'October 5, 2006,.. a revised notice of the Future Land Use. Amendment was provided to the
tnterlocal Plan Amendment Review Committee (IPARC) which distributes the information t6 adjacent
, municipalities. No objections. have, been received~ .,~
Courte~yNotices:
A special courtesy notice Was provided to the fOllowin,g Homeowners and Civic Associations:
· Neighborhood Advisory Council
Ii . Presidents Council
· Shadywoods Homeowners Association
· ,Lakeview Civic Association
. · PROD
· Sherwood Park Civic Association
· Hamlet
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Three letters of petition have been received and are attached. A request has been made by
the neighborhood association that the original petitions signed by the 340 residents be made a part of
the record. Additional letters of objections or support, will be presented at the Planning and Zoning
Board meeting. ' ..
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The proposed FLUM designation of LD (Low Density Residential) and zoning of R-1-M 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 OClVoer 16,2006
Christ the King Monastery of St Clare - FlUM Amendment and Rezoning
Page 11
surrounding zoning designations, and is in keeping. with the zoning pattern that exists in the adjacent
neighborhoods which includes a mix .of R-1-AAA-B and, R-1-AA zoning.. designations. To increase
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-AAA-B district. While this could be accommodated without modifying the
current zoning, request, the only concrete Way of assuring this would be to expand the area of R-1-
AAA-B zoning. Further, with an increase in size of the perimeter lots, compatibility with adjacent single
family homes can be enhanced. Positive. findings can be made with respect to LQR Section
2.4.5(0)(5) (Rezoning Findings). .
- - -- - ~ - - -~--, "..-.,,- ~","",-- -~~~~--~"..,~--~~~ ,-- -
~~~~~___~~,~~~ j~~ jj(f:~~~
A. Continue with direction.
B. Move to table the Future Land Use Map amendment from CF (Community Facilities) to UJ
(Low Density Residential 0-5 du/ac) arid rezoning from CF (Cbmmunity ;Facilities) to R-1-AA
(Single Family Residential) for 9.00 acres of land lying within Christ the King Monastery of St
Clare with direction that R~1-AAA-B zoning..be requested for proposed Lots 4,9 and 10 of the
; site. .
C. Move a recommendation of denial to the ,City .pommission for the,Future Land Us~ Map
amendmentfrom CF(Community Facilities) toLD (l,..ow,Den~ityResjdentiaI0-5 du/~c;:).and
rezoning frbm CF (Community Facilities) to R-1-AA(Single Family Re,sidential) for 9.00 acres
of land. lying within Christ the King Monastery of St Clare by adopting the findings. of fact, and
law contained in the staff report, and finding that the request is inconsistent with . the
Cornpreh~nsive,Plan, and does not meetthe criteria set forthin Sections 3.1.1, 3.2.2;'.and
2.4~5(D)(5) ()fthe Land[)~velopmemt Regulations. '
D. Move a recommendation of approval to the CityComrn1ssion;forthe ,Future Land UseJ\'1ap
amendment from CF (Community Facilities) 'to LD (Low Density Residenti~IQ-5 du/~J?)ar1d
rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential) for'9.00acres
of land lying within the Christ the King Monastery of St Clare site by adopting thefindjngs 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 2.4.fi(P){5)
of the Land Development Regulations subject to a simultaneous approval of a plat increasing
the'perimeter lot sizes as identified in the report.
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I...~~-,,--+-~----,~~~~~~~~~~~~~~~~~~~
Move a recommendation of ,approval to the City Commission for the Future Land Use Map
amendment from CF (Community Facilities) to LD {Low Density Residential 0-5 du/ac) and rezoning
from OF (Community Facilities) to R-"1-AA (Single Hnnily Residential) for 9.00 acres of land lying
within Christ the. King Monastery of St Clare by adopting the findings of fact and law contained in the
staff report, and finding that the request is consistent with the Comprehensive Plan; and meets the
criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D){5) of the Land Development Regulations with
the effective date of the rezoning ordinance concurrent with approval of a subdivision plat with the
perimeter siriglefamily lots adjacent to the existing lots within Sherwood Park Subdivision al1.d.
Lakeview Subdivision, Lots 4, 9 and 10 having a minimum required area of 12,500 square feet with
minimum dimensions of 100' (lot frontage), 100' (lot width), and 110' (lot depth), similar to the
requirements of the R-1-AAA-B zoning district.
Attachments:
· Survey
· Concept Plan
· Zoning Map
· Future land Use Map
· letters of Petition
· Appraised Value Comparison
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CHRIST THE KING MONASTERY OF ST. CLARE
- EXISTING ZONING DESIGNATIONS -
CITY Of DELRAY BEACH, Fl
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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, PA
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-AA from 95 feet to 89 feet, equalling a reduction of 6 feet
per lot. The proposed lot square footage, which is approximately 11,036 square feet, is
larger than the minimum required 9,500 square foot lot size within the R-1-AA zoning
district. Additionally, the proposed lot depth of 124 feet is 24 feet greater than the
minimum 100 foot depth required in this zoning district.
The City Commission should be compelled at the time of the future land use map
change and rezoning to declare that it is necessary and appropriate to create such
nonconformity. The future land use change and rezoning is an approval of a development
O:\GIUAOO2\Letter to Dorling re justification.Dee 22, 2006.doc
Mr. Paul Darling
December 22, 2006
Page 2 of 2
so this is the appropriate time for a determination on this issue.
The reasons for the proposed reduction in the lot frontage and width requirements
relate to the restrictions being placed on other lots within the Property contained in the
Plan. The reason that the other lots were restricted was to establish identical lot sizes to
the lots immediately joining them. This is a higher standard than is required for a future
land use change or a rezoning. The Plan has been revised so as to place a condition upon
5 lots in the northern quadrant of the Property that they be not less than 12,500 square
feet. Increasing these lot sizes resulted in reducing the lot frontage and widths for Lots 20
and 25. Even with this reduction, Lots 20 and 25 could allow fora 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 bet,536 square feet larger than the lot size required for the R.;1-AA zoning
district. Additionally, since corner lots require a width 20 feet larger than interior lots, these
lots are still 14 feet longer than interior lots would be.
Accordingly, the homes to be constructed on these lots will still meet the minimum
lot size requirement, allow for full size homes, and be in conformity with the surrounding
neighborhood. Given the desire to create lots of an identical size to the lot sizes that border
the northern quadrant of the Property, decreasing these lots in the southern quadrant of
the Property by a mere 6 feet is necessary and appropriate.
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. Mankoff., Esquire (w/o,enclosures)
Shayna M. Reitman, Esquire (w/o enclosures)
Ms. Ashlee L. Vargo (w/o enclosures)
0:\GIUA002\Letter to Dor1ing re justification. Dee 22, 2006.doc
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City ofDeIray Beach
Planning and Zoning Board
100 NW 1st Avenue
DeIray Beach, FL 33444
Re:. Christ the King Monastery
Dear Chairman Kroll and Board Members,
.11le 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 the':R.-lAA
zoning designation. This zoning deSignation allows smaller lots sizes than are adjacent to
the site and we respectfully req~est that the Board recommend that new lots along the
easternboundarvofthe site be restrictedwithlot widths otleast 100 feet
()ri~'h~ili~' is tbi~~lots east of the site and our backyard will be perpendicu1~ to the.
backyards ofthe proposed residences. The golf course provides an open area and it Will
be easy to view the new residences (and for our yards and h<;)J;D.es to be Yi~}Ved). For
.. . ...~.,...."t..'....'~....4!':l .....,..~
compatibility reasons these parcels should be developed lik~:1hq$e in;:mC:'$b.ervv,o<><i,park
. and Lakeview neighborhoods. The City has coordinated witli'theappncant'io ciisUte'
parcels on the north boundary are compatible and we request the sanie consideration for
the eastern boundary.
We understand that less restrictive zoning than R-1AA is located within the Lakeview
neighborhood. It should be noted that these parcels are located on Lakeview Drive and
the lots are not aCross from or perpendicular to any lots designated as R-1AAAB. These
lots are not viewable by the lots zoned R-1AAAB. . .
For the above reasons, please consider designating the property with R-1AAAB zoning
or placing lot size conditions on the eastern boundary of the site to be consistent with the
homes nearby in the Lakeview subdivision.
Regards, ,
r~C(.~. .~j/l- ~
Karen A. Kiselewski & Brian R. Link
f-iECEIVFD
OCT 1 1 2006
PLANNING & ZON\NB
Page 1 ofl
Allen, Jasmine
From: JUJUCHACHI@aol.com
Sent: Thursday, September 28,200612:02 PM
To: Allen, Jasmine
Cc: Perlman, Jeff; Dorling, Paul; Fetzer, Fred; johnlevson@mydelraybeach.com; Montague, Brenda
Subject: change of zoning.
to whom it may concem,
My name is Charles Williams and I reside at 3897 Sherwood Blvd. My wife and I live directly across the street
from the Sisters of St Claire(Christ the King) monastery which is currently being proposed for a zoning
change. We were unable to attend the first public meeting, but we did attend a m.eeting 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-MA, 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 developerio
add a publicroad off $herwoodB,!vd., in the middle of the block creates a, serious safety issue. In ITlY.O,pinion,
the only logical access to. the property is a continl,lation of Lakeview Blvd west directly into, tt1E~ property. Not
only is this the safest way to enter, it's in my opinion the mosflogical way. ' . ... ..'.. ... .
My wife and I are opposed to any zoning changes along Sherwood Blvd, and are totally opposed to any public
road{s) entering or exiting Sherwood Blvd betWeen Military Trail' and SuttdnPlace. .
Sincerely,
Charles and ~uditl1 WiUlams
3897 Sherwood Blvd
Delray Beach,: FL 33445
.J
Tel 496.0702 or 272.3232
1 Of') /'l(\or.
Page 1 ofl
Allen, Jasmine
From: Dorling, Paul
Sent: Tuesday, October 03,2006 10:42 AM
To: Allen, Jasmine
Subject: FW: Rezoning of Christ the King Monastery of 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 .
dorlingp@ci.delrav-beach.~.us
From: elaineStuart@att.net [mailto:elainestuart@att.net]
Sent: Tuesday, October 03,2006 9:52AM
To: Perlman, Jeff; Ellis, Rita; DOrling, Paul; McDonnell,Mark
Subject: Rezoning of Christ the King Monastery of St Oare
Thank you in advance'for taking time out of your day to read my eMail.
As a current resident of the Lakeview cemmunity, cpld a 27 year resident ot-Delray Beach,I would like
you to know that I was most pleased with the Plaiming and Zoning board's decisioIl to not allow
townhouses for the r.ezoning of the Christ the King Monastery ofStClare, 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
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. Sherwood Park & Lakeview Subdivisions - (Lots within 500 feet of the subject property)
12-42-46-24-01-006-0072 3803 SHERWOOD SLV R-1AAAB
12-42-46-24-01-006-0071 3819 SHERWOOD SLV R-1AAAB
12-42-46-24-01-006-00813837 SHERWOOD SlV R-1AAAB
12-42-46-24-01-006-00923843 SHERWOOD SLV ' R-1AAAS
12-42-46-24-01-006-00913897 SHERWOOD SlV
. 12-42-46-24-01-006-0102 3907~HERWOOD SlV
12-42-46-24-01-006-01013911 SHERWOOD SLV
12-42-46-24-01-006-0111 3913 SHERWOOD SL V
12-42-46-24-01-006-01123931 SHERWOOD SlV
12-42-46-24-01-006-0122 3935 SHERWOOD SlV
12-42-46-24-02..()O7 -0010 3934, SHERWOOD Sl V
, 12-42-46-24-02-007-0020 3930 SHERWOOD SlV
12-42-46-24-02-007-0030 3926 SHERWOOD SlV
12-42-46-24-02-007-9040.3918 SHERWOOD ,SL V
12-42-46-24-02-007-0050 3910 SHERWOOD SlV
12-42-46-24-02-007-0060'3906 SHERWOOD SlV
12-42-46-24-01-005-01213631 SHERWOOD SlV
12-42-46-24-01-005-01313711 SHERWOOD SlV
12-42-46-24-01-005'01323721 SHERWOOD SLV
, 12-42-46-24-01-005-0141 3725 SHERWOOD SlV..,
12-42-46-24-02-008-00103724 SHERWOOD SlV
12-42-46-24-02-po~20 3720 SHER~<:)()DSL \(
12-4g-46-24-02-OO~303712, SHERWOOD Bl V
'.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 3637lAKEVIEW BlV
12-42-46-24-04-'003-01103655 LAKEVIEW BLV
12-42-46-24-04-003-0120 3673 LAKEVIEW SlV
12-42-46-24.04-003-0130 3691LAKEVIEW BlV
. 12-42-46-24-04-003-0140 3699lAKEVIEW BlV
12-42-46-24-04-001-05103620 lAKEVIEW BlV
, 12-42-46-24-04-001-0520 3638lAKEVIEW SlV
12-42-46-24-04-'001-0530 3656lAKEVlEW SlV
12-42-46-24-04-001-0540 3674lAKEVIEW BLV
12-42-46-24-04-001-0550 3692lAKEVIEW SLV
12-42-46-24-04-001-05603702 lAKEVIEW SLV
Average
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R~1AAAS
R-1AAAB
R.1AMB
R-1AAAB
R-1AAAB
R-1AAAS
R~1AAAB
R-1AAAB
R-1AAAB,
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AMB
R~1AAA8
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1AAAB
R-1MAB
R-1AAAS
R-1AAAB
R-1AAAB
$285,217
$213,512
$308,395
$250,103
$297,n6
$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
$289,159
$190,923
$140,956
$211,158
. $201,597
$223,821
$337,386
$241,702
Source: Palm Beach County Property Appraiser
$175.619
$141,389
$127,250
$141,389
$141,389
$141,389
$141,389
$141,389
$141,389
$141,389
$141,389
$104,500
$141,389
$141,389
$141,389
$141,389
$175,619
$175,619
$175,619
$175;619
$141,389
$1~1.389 ,
$141,389
$141,389
$141,389
$141,389
$141,389'
$141,389
$141,389
$141,389
$162,360
$16~,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
, $468.3~
$320,200
$381,898
$461,8?1 .,
$451,667
$378,165
$517 ,352
$427,829
$345,412
$3~,407
, $2,78,763
" $347;823
$345,750 .
$315,120
$311,396
$348,002
$318;093
$430,548 :
$353,283
$303,316
$373,518
$~,957
$386,181
$499,746
$389,923
Appraised Value Comparison
..-- -~--~--~- - ~-~----~--~-~--~---,-~-~~
; ,~:' ;\jriE;"c- ,t_~~~ :UJi::;~,~~t,:~~ ~,-l' ~1-,'i8I1~' , _}~~~c:",@]~ i
Lakeview Subdivision (Lots outside of the .500 foot radius of the subject site)
12-42-46-24-04-001-0190 3135 LAKEVIEW DR R-1AA $403,986 $162,360 $566,346
12-42-46-24-04-001-0200 3139lAKEVIEW DR R-1AA $249,698 $162,360 $412,058
12-42-46-24-04-001-0210 3204LAKEVIEW DR R-1AA $209,163 $162,360 $371,523
' .
12-42-46-24-04-001-02203210 lAKEVIEW DR R-1AA $236,208 $162,360 $398,568
12-42-46-24-04-001-02303220 lAKEVIEW DR R-1AA $198,864 $162,360 $361,224
12-42-46-24-04-001-02403250 lAKEVIEW DR R-1AA $234,929 $162,360 $397,289
12-42-46-24-04-001-0250 3264lAKEVIEW DR R-1AA $203,162 $162,360 $365,522
12-42-46-24-04-001-0260 3296LAKEVIEW DR R-1AA $282,832 $152,360 $445,192
2-42-46-24-04-001-0270 3300 LAKEVIEW DR R-1AA $249,683 $162,360 $412,043
12-42-46-24-04-001-02803324 LAKEVIEW DR R-1AA $233,173 $162,360 $395,533
12-42-46-24-04-001-0290 3352lAKEVIEW DR R-1AA $195,600 $162,360 $357,960
',. 12-42-46-24-04-001-0300 3384lAKEVIEW DR R-1AA $207,086 $162,360 $369,446
,2-42-46-24-04-001-0310 3398lAKEVIEW DR R-1AA $220,606 $162,360 $382,966
12-4246-24-04-001-0320 3400 lAKEVIEW DR R-1AA $245,340 $162,360 $407,700
12-42-46-2~1-O330 3408 LAKEVIEW DR R-1AA $219,140 $162,360 $381,500
. 12-42-46-24-04-001-03403416 tAKEVIEW DR R-1AA $240,995 $162,360 $403,355
12-42-46-24-04-001-03503426 LAKEVI EW DR R-1AA $209,352 $162,360 $371,712
,12-42-46-24-04-001-03603450 lAKEVIEW DR R-1AA $143;207 $162,360 $305,567
. 12-42-46-24-04-001-0370 3474lAKEVIEW DR R-1AA $186,769 $162,360 $349,129
, 12-42-46-24-04-001-0380 3500 lAKEVIEW DR R-1AA $208,658 $162,360 $371,018
12-42-46-24-04-001-03903514 lAKEVIEW DR R-1AA $202,381 $162,350 $364,741
, 1,2-42-46-24-04-001-0400 3524 lAKEVlEW DR R-1AA $210,956 $162,360 $373,316
12-42-46-24-04-001-Q41.o 3544lAKEVIEW DR R-1AA $193,907 $162,360 $356,267
, 12-42-46-24-04-001-04203548 LAKEV'IEW DR R-1AA $223,909 $162,360 $386,269
12-42-46-24-04-001-0430 3556lAKEVIEW DR R-1AA $2i5,762 $162,360 $408,122
Average $226,215 $162,360 $388,575
: lakeview Ph 2 (Lots outside of the 500 foot radius of the subject site)
12-42-46-24-20-000-0010 3005 WEDGEWOOD BL \ R-1AA $254,588 $141,389 $395,977
. 12-42-46-24-20-000-0020 3025 WEDGEWOOD Bt\ R-1AA $223,987 $162,360 $386,347
12-42-46-24-20-000-0030 3045 WEDGEWOOD BL" R-1AA $254,215 $162,360 , $416,575
'12-42-46-24-20-000-00403065 WEDGEWOOD BL\ R-1AA $287,811 $162,360 $450,171
12-42-46-24-20-000-0050 3075 WEDGEWOOD BL\ R-1AA $228,317 $162,360 $390,677
12-42-46-24-20-000-0060 3095 WEDGEWOOD BL\ R-1AA $297,050 ' $162,360 $459,410
12-42-46-24-20-000-0070 3115. WEDGEWOOD BL\ R-1AA $356,216 $162,360 $518,576
12-42-46-24-20-000-0080 3135 WEDGEWOOD BL \ R-1AA $302,628 $162,360 $464,988
12-42-46-24-20-000-009O 3155 WEDGEWOOD BL\ R-1AA $297,100 $162,360 $459,460
12-42-46-24-20-000-0100 3175 WEDGEWOOD BL\ R-1AA $426,555 $162,360 $588,915
.12-42-46-24-20-000-0110 3195 WEDGEWOOO BL \ R-1AA $341,122 $162,360 $503;482
12-42-46-24-20-000-0120 3160 WEDGEWOOO BL\ R-1AA $324,302 $141,389 $465,691
12-42-46-24-20-000-0130 3140 WEOGEWOOD BL\ R-1AA $223,847 $141,389 $365,236
. 12-42-46-24-20-000-01403120 WEOGEWOOD BL\ R-1AA $254,744 $141,389 $396,133
12-42-46-24-20-000-01501380 BOCCI CT R-1AA $398,998 $141,389 $540,387
12-42-46-24-20-000-0160 1385 BOCCI CT R-1AA $241,434 $141,389 $382,823
12-42-46-24-20-000-01701365 BOCCI CT R-1AA $193,942 $141,389 $335,331
12-42-46-24-20-000-0180 3070 WEOGEWOOO BL \ R-1AA $229,294 $141,389 $370,683
Average $285,342 $153,040 $438,381
Source: Palm Beach County Property Appraiser
I,'.
.. .......
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... .'.
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v r" fJ \J ~,-- "
c....~....... I~.~.~. . ,e;..\,
t~~4~
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('I,'; ill
o
'bac
e~y(fVI t e,n . .ces. . .. . '. ... VIeW aehal P oto
is enclosed shoWingffie site and out home. For cOmpatibility reasons these patcels should be
developed like those in the Sherwood Park and Lakeview neighborhoods. The Ci \ .
coordinated' with the applicant to ensure parcels on the n~~-lr:;p,~YI.1~,,~~,~O,~pa
we request the same consideration for the eastern boundary; , .....; , . ,,'
,'"
For !he ab~~e reasons, 'please c~?Side'5~i~..~i&nl~~,~f&Rr~~f~!',~t!k>~rlA.AA.B'zo~g or
placmg InImmum lot SIze condItIons on~ml-of'the HJtsofi tlieeastem1Joundary of the SIte.
Regards,
~CA_~' ~K ~
Karen A. Kiselewski & Brian R. Link
Cc: Delray Beach City Clerk (to be made part of the official record)
Delray Beach Planning & Zoning Director (to be made part ofthe application's file)
* 3674lakeviewBlvd.
.....- View of site's eastern boundary
'1
"
'. ;~
, '
... ,10
.~I~.
From: cohee [cohee@adelphla.net]
To: Montague, Brenda
Cc:
~ Monastery land - lakeYlew/Sherwood Park
Mtac:lunents:
c-:~~
...~
- r;... '< '~~,'1 '" '
r ~b< ~ k,...c.,
"
sent: Sun 12/3/2006 4:25 PM
Dear Commissioner Montague,
First, my sincere thanks for the major amount of tiine and effort you are giving on behalf of our
communltyl
11Ie ~tery land-developer has cho$en to be part of our LakevieV(fSherwood Park community. More
than 10..% of ou'r community Is R -I - AAA - B zoning, With the ~ exception being a very few of th.e.
homes that abut the golf course. .
lhevel)"reason that communities have zoning.. Is for sltu4ltfons such as thIS. This developer must be
r8qUI.. tQ fO,now our development's long establiShed R - 1- AAA - B zoning, with ~rh.ps tfJe s.-me. '
'I. . than 10%' lower zoning claRification, In the proportion we have, and only fOr 110mes abuttfngtfle
9011 COurse.
If sOlid, established zoning Is not consistently upheld by a municipality, then Its' zoning becomes just a
meaningless, useless source of constant negotiation; to the very serious detriment of the entire
communltyf.
Ple~ fully enforce our Iong-established nefghborhood's zoning for us, and for the Integrity of Delray's
whole zOning system.
There Is D2 compelling reason to do otherwise.
With strong thanks for 'beIng there' for usl
. https:l1www2.mydelraybeach_comlexchangelmontague/InboxIMonasteryOI'o20Iand%20-%2... 121312006
..
to
Jim Cohee
3590 !..akeview Drive
https:llwww2.mydelraybeach_comlexchangelmontague/InbOxlMonasteifJ'o20Iand%20-%2... 121311006
~~
from: Jay Alperin, DOS [drjaydds@bellsouth.net] Sent: Moo 12/4/2006 7:50 AM
To: levinson, Jon; Perlman, Jeff; Fetzer, Fred; Montague, Brenda; Rita 8is
".... ~_. - -- -
J'-r-"~ ,~
Cc:
SUbject: Monestery
At:tac:Iunents:
~:~.~
Dear Commission;
I am unable to attend this Tuesday's Meeting.
I wish to express my support for the compromise reached on the Monastery property.
My understanding is that the north block wiU be zoned R-1-AAA-B with a decoratively maintained pond on the
western half. lots 6 and 7 (SE comer of la~view 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.comIexchangelmontaguellnboxlMonestery.EML?Cmd=open 121412006
c...~ ~~ t:~ ~qjt.-rtc-
~ ~ r~'.r ~ R;tJ-l t..
,..~,~ .1,,,
From: KristIn [tradetj@adelphla.net} Sent: Mort 12fiV2006 12:0+ PM
To: Perlman, Jeff; Rlta_ElIis@mydelraybeach.comi Fetzer, Fredi Levinson, Jon; Montague, Brenda
Cc:
SUbject: Monastery rezoning
~
Dear Commissioners, .
I am a member of the Sherwood ParkJLakeview 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 and Zoning notification area is zoned R-1-AAA-B. Every home atong
Sherwood and Lakeview Blvd's is zoned R-1-AM-B.
The proposed rezoning to R-1-AA will in faot take away the charaoter, charm, size and value of our two open
communities. We are a unique part of Defray Beach. 50% of the homes in Sherwood Park enjoy a lot size
greater than 12,500sq ft. ,Please help our communities by protecting us from the proposed rezoning of Christ
the King Monastery to R-1-AA. You will be ~ving us from congestiOn on our streets which will maintain the
safely 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 GoIdbufg
"'**
***
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IMPORTANT: Do not open attachments from unrecognized senders
***
https:/1www2.mydelraybeach.com/exchangelmontaguelInbox/MonasteryO.Io20rezoning.EM... 12/4/2006
Nubin, Chevelle
From:
Sent:
To:
Subject:
Jon Levinson Donlev@bellsouth.net]
Monday, December 04, 2006 8:50 AM
Nubin, Chevelle
FW: Monestery
FYI
Jon
-----Original Message-----
From: "Jay Alperin, DDS" <drjaydds@bellsouth.net>
Sent: 12/4/2006 8:41 AM
To: "iJon Levinson" <ijonlevinson@mydelraybeach.com>;
"iJeff Perlman" <imayor@mydelraybeach.com>; "Fred Fetzer"i
<iFetzer@MyDelrayBeach.com>i "Brenda Montague"
<iMontague@MyDelrayBeach.com>ii "iRita Elis"
<iRitaElis@MyDelrayBeach.com>i
Subject: Monestery
Dear Cormnissioni
I am unable to attend this Tuesday's Meeting.
I wish to express my support for the compromise reached on the Monastery property.
My understanding is that the north block will be zoned R-1-AAA-B with a decoratively
maintained pond on the western half. Lots 6 and 7 (SE corner of Lakeview Drive) will be
R-1-AAA-B with a condition for the depth and width. And the remaining south side of
Lakeview Drive (lots 23 and 26) are to be R-1-AA but with a condition requiring 11,780
square feet each. The remaining southern property will be R-1-AA.
Although this is far from what I feel the zoning should be, it would be an acceptable
compromise under the given conditions.
Sincerely,
Jay Alperin
1
.
Nubin, Chevelle
From:
Sent:
To:
Subject:
Jon Levinson Donlev@bellsouth.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: "icohee"i <icohee@adelphia.net>i
Subject: RE: Monastery propety
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: "cohee" <cohee@adelphia.net>
Sent: 12/3/2006 4:25 PM
To: "iJonlevinson@mydelraybeach.com"i
<iJonlevinson@mydelraybeach.com>i
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
- ! - 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 Uonlev@bellsouth.net]
Monday, December 04,20066:16 PM
'Kristin'
Nubin, Chevelle
RE: Monastery rezoning
Thanks for your email.Aslunderstand it there has been a compromise reached between the
neighborhoods and the developer.
That should be good news for everyone.
Feel free to contact me at any time.
Best,
Jon Levinson, Commissioner
City of Delray Beach
2915 South Federal Hwy. D-2
Delray Beach, FL 33483
561-243-2690 phone
561-243-9242 fax
561-212-2799 cell
www.MyDelrayBeach.com
www.JonLevinson.com
-----Original Message-----
From: "Kristin" <traderj@adelphia.net>
Sent: 12/4/2006 12:39 PM
To: "imayor@myDelrayBeach.com"i <imayor@myDelrayBeach.com>ii
"iRita_Ellis@mydelraybeach.com"
<iRita_Ellis@mydelraybeach.com>;
"iFetzer@mydelraybeach.com" &It;Fetzer@mydelraybeach.com>;
"ijonlevinson@mydelraybeach.com"i
<ijonlevinson@mydelraybeach.com>ii
"imontague@mydelraybeach.com"
<imontague@mydelraybeach.com>i
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-l-AA and support the rezoning to R-1-AAA-B.
I moved with my young family to Sherwood Park to enjoy the open community (non-gated),
vast property and friendly atmosphere. By allowing R-1-AA zoning you are taking away from
1
the heart of what makes Sherwood Park and Lakeview communities so appealing for young
.families, older families, empty nesters, you name it. Every home within the 500 foot
Planning and Zoning notification area is zoned R-1-AAA-B. Every home along Sherwood and
Lakeview Blvd's is zoned R-1-AAA-B.
The proposed rezoning to R-1-AA will in fact take away the character, charm, size and
value of our two open communities. We are a unique part of Delray Beach. 50% of the
homes in Sherwood Park enjoy a lot size greater than 12,500 sq ft. Please help our
communities by protecting us from the proposed rezoning of Christ the King Monastery to
R-1-AA.You will be saving us from congestion on our streets which will maintain the
safety to our children and neighbors. You will be preserving a special and unique way of
life in Delray Beach.
Thank you for your time and consideration, Kristin Goldburg
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders ***
2
Nubin, Chevelle
From:
Sent:
To:
Cc:
Subject:
Jon Levinson Donlev@bellsouth.net]
Monday, December 04, 2006 6:17 PM
'Gail N. V1asek'
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"i &It;gailnv@adelphia.net>i
Cc: "Mayor@MyDelrayBeach.com"i <iMayor@MyDelrayBeach.com>i;
"RitaEllis@MyDelrayBeach.com"
<iRitaEllis@MyDelrayBeach.com>ii
"iFetzer@MyDelrayBeach.com" <iFetzer@MyDelrayBeach.com>i
"iJonLevinson@MyDelrayBeach.com"
<iJonLevinson@MyDelrayBeach.com>ii
"Montaque@MyDelrayBeach.com"i
<iMontaque@MyDelrayBeach.com>i
Subject: Convent Land Rezoning
Dear Mayor and Commissioners,
As the owner of V.I.P. Real Estate Brokers, Inc. for 25 years AND as an owner of property
on Sherwood Blvd. where Christ the King Monastery is located, I urge you to vote for
1
rezoning the above referenced property to "R-1-AAA" ONLY (and NOT "R-1-AA").
The reasons behind my thinking are twofold:
1) triple A, the largest sized zoning for residential land, is the most
compatible with this neighborhood to which it will soon belong;
in fact, R-1-AAA is actually SMALLER than most of our parcels, and,
2) the sister neighborhoods of Sherwood Park and Lakeview are one
of ONLY two sections of Delray Beach with triple A zoning, making it rare, desirable and
profitable for the City through taxes.
I'm sure the developer believes he will make more $ by squeezing in more homes, but by
building "McMansions" on spacious lots, he will MORE than make up for the extra lots he's
looking for with double A zoning... AND the city will create a wider tax base for itself
with larger, more expensive homes. The McMansions are already appearing in Sherwood Park
- check your building permits for new homes here over the last few years!
Thank you very much for your consideration of the above matters.
I'll see you Tuesday evening,
Gail N. Vlasek
3235 Sherwood Blvd.
Delray Beach, FL 33445
561.638.1611
2
Nubin. Chevelle
From:
Sent:
To:
Cc:
Subject:
Jon Levinson Oonlev@bellsouth.net]
Monday, November 27, 2006 10:02 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 Mill 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>i
Subject: Monastery Property
Good Morning -
Thank you for returning my phone call of early last week and leaving a message. with the
Thanksgiving weekend, I did not get a chance to contact you again.
I had called regarding the development of the Christ the King Monastery property. I had
also sent an e-mail to you at the My Delray address.
1
I, like many others here in Lakeview, am concerned about the increased traffic flow that
the proposed new houses will generate. The current egress/ingress proposal includes,
happily, an access road from the new cluster of homes to Sherwood Boulevard. This would
lessen the traffic on Lakeview Boulevard. However, for some reason, this is a two way
~ccess road for only a short spacei 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: "ijonlev@bellsouth.net" <ijonlev@bellsouth.net>i
Subject: Re: Christ The King Monastary, Re-Zoning Request
John,
Thank you for your reply.
I,m sure our neighborhoods will be at the next meeting in full force.
Dan Carter
HAPPY THANKSGIVING!
----- Original Message
From: "Jon Levinson" <jonlev@bellsouth.net>
To: II '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.
>
>
> Bes t ,
>
>
>
> 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.MyDelrayaeach.com
>
> www.JonLevinson.com
>
>
>
>
>
> -----Original Message-----
> From: "Dan Carter" <dhclainc@bellsouth.net>
> Sent: 11/20/2006 4:13 PM
> To: "iMayor@MyDelrayBeach.com"
<iMayor@MyDelrayBeach.com>ii
> "RitaEllis@MyDelrayBeach.com"
> &It;RitaEllis@MyDelrayBeach.com>;
> "Fetzer@MyDelrayBeach.com"i &It;Fetzer@MyDelrayBeach.com>;
> "iJonlevinson@MyDelrayBeach.com"
> <iJonlevinson@MyDelrayBeach.com>;
> "Montague@MyDelrayBeach.com"
> &It;Montague@MyDelrayBeach.com>
> Subject: Christ The King Monastary, Re-Zoning Request
>
>
>
>
> Dear Mayor & Commissioners,
>
> As a member of the Lakeview/Sherwood Park Community I have serious
> concerns with the proposed re-zoning of the site to R-l-AA. -
> At the first P&Z meeting the board unanimously advised the developer
to
> work-out the differences with the two (2) homeowners associations. The
> developer attended one meeting with our group, and did not show-up for
> the second meeting.
> At the second P & Z meeting the board, once again, unanimously voted
to
> deny the re-zoning request. Their decision was based on the
> "incompatability" of the R-1-AA zoning with the adjacent properties,
and
> neighborhoods. Furthermore, the board also stongly recommended that
> access for this parcel be from Military Trail, not from Lakeview Blvd
as
> proposed, or Sherwood Blvd. The board felt that the increase in
traffic
> on these secondary roads would be greatly increased, and be a
detriment
> to the existing neighborhoods.
>
> It is our (Lakeview & Sherwood Park HOA.) position that the proposed
> re-zoning would be incomaptible with the surrounding neighborhood. The
> majority of these neighborhoods are zoned R-1-AAA-B. This is a unique
> zoning clasification in our City. We would like to preserve the
> character & integrity of our neighborhood.
>
> I believe there are over three hundred (300) signed petitions, from
the
> members of our neighborhoods, requesting that the City deny this
> re-zoning request.
>
> By denying the re-zoning request of R-1AA, you the Commission, would
be
> protecting the existing neighborhoods from an "incompatible" zoning
> classification.
>
> Unfortunately I do not believe I will be able to attend tonight's
> meeting, due to prevoius Thanksgiving commitments.
>
2-
> Respectfully,
>
> Dan Carter
> 3204 Lakeview Dr.
> Delray Beach, Fl.
> (H)561.637.8542
> (Off.) 561.272.9621
>
>
>
>
> No virus found in this incoming message.
> Checked by AVG Free Edition.
> Version: 7.5.430 / Virus Database: 268.14.11/543 - Release Date:
> 11/20/2006 9:20 PM
>
>
3
",'"
Nubin, Chevelle
From:
Sent:
To:
Subject:
Jon Levinson 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>i
Cc: "iRitaEllis@MyDelrayBeach.com"
<iRitaEllis@MyDelrayBeach.com>ii
"iFetzer@MyDelrayBeach.com" &It;Fetzer@MyDelrayBeach.com>;
"Jonlevinson@MyDelrayBeach.com"
&It;Jonlevinson@MyDelrayBeach.com>i;
"Montague@MyDelrayBeach.com"
&It;Montague@MyDelrayBeach.com>
Subject:
Dear Mayor & Commissioners,
As a member of the Lakeview/Sherwood Park Community I have serious concerns with the
proposed re-zoning of the site to R-l-AA.
At the first P&Z meeting the board unanimously advised the developer to work-out the
differences with the two (2) homeowners associations. The developer attended one meeting
with our group, and did not show-up for the second meeting.
At the second P & Z meeting the board, once again, unanimously voted to deny the re-zoning
request. Their decision was based on the "incompatability" of the R-l-AA zoning with the
adjacent properties, and neighborhoods. Furthermore, the board also stongly recommended
that access for this parcel be from Military Trail, not from Lakeview Blvd as proposed, or
Sherwood Blvd. The board felt that the increase in traffic on these secondary roads would
be greatly increased, and be a detriment
to the existing neighborhoods.
It is our (Lakeview & Sherwood Park HOA.) position that the proposed re-zoning would be
incomaptible with the surrounding neighborhood. The majority of these neighborhoods are
zoned R-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-lAA, 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 Oonlev@bellsouth.net]
Sunday, November 19, 2006 1:56 PM
ctartes@earthlink.net
Nubin, Chevelle
RE: Monastery
Thanks for your email.This will be discussed at the public hearing. I am forwarding a
copy of your email to our City Clerk for inclusion in the public record.
Best,
Jon Levinson, Commissioner
City of Delray Beach
2915 South Federal Hwy. D-2
Delray Beach, FL 33483
561-243-2690 phone
561-243-9242 fax
561-212-2799 cell
www.MyDelrayBeach.com
www.JonLevinson.com
-----Original Message-----
From: "Carol Artes" <ctartes@earthlink.net>
Sent: 11/18/2006 7:19 PM
To: "Mayor@MyDelrayBeach.com"i &It;Mayor@MyDelrayBeach.com>
Cc: "RitaEllis@MyDelrayBeach.com"
&It;RitaEllis@MyDelrayBeach.com>;
"Fetzer@MyDelrayBeach.com"i &It;Fetzer@MyDelrayBeach.com>;
"iJonlevinson@mydelraybeach.com"
&It;Jonlevinson@mydelraybeach.com>i;
"iMontague@MyDelrayBeach.com"i
&It;Montague@MyDelrayBeach.com>
Subject: Monastery
November 18, 2006
To: the Mayor and City Commissioners of the City of Delray Beach
Re: Rezoning of Christ the King Monastery of St. Clare
As a registered voter in the City of Delray Beach and a resident of Sherwood Park, I am
1
writing to you to respectfully request that the City
unanimous decision of the Delray Planning and Zoning
of the above site to
R-1-AA and support rezoning the site to
Commission members follow the
Board and deny the proposed rezoning
R-l-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-1-AAA-B.
*50% of the homes in Sherwood Park have a lot size greater than the 12,5000 sq. ft.
required with R-1-AAA-B zoning.
*Many of the existing homes on smaller lots are facing the golf course.
*The traffic associated with the Monastery operating in smaller quarters will not
change. However, the high density of homes in the proposed development will
significantly increase traffic and affect safety.
By supporting rezoning to the site to R-1-AAA-B you will be protecting one of only two
communities in Delray Beach that are R-1-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 Oonlev@bellsouth.net]
Thursday, November 16, 2006 2:49 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: "cher columbus" <cher@newcanvas.com>
Sent: 11/14/2006 11:20 PM
To: "jonlevinson@mydelraybeach.com"
&It;jonlevinson@mydelraybeach.com>
Cc: "Mayor@mydelraybeach.com" <iMayor@mydelraybeach.com>;
"iRitaEllis@mydelraybeach.com"
<iRitaEllis@mydelraybeach.com>;
"iFetzer@mydelraybeach.com"i <iFetzer@mydelraybeach.com>i
"iMontague@mydelraybeach.com"i
&It;Montague@ffiydelraybeach.com>
Subject: Upcoming Monastery Zoning Decision
Dear Mr. Levinson,
Thank you for returning my call today. I'm sorry that I wasn't available to answer, but
appreciate your suggestion of sending an email.
Since I wasn't sure exactly how to relay my thoughts via email, I thought it best to
attach a copy of the note I read during the last P&Z meeting. I am extremely nervous
about public speaking, so I typed up some notes to read and had it saved on my computer.
Please read the attached.
Since that meeting, we've heard that Mr. Guidice has hired a well-known attorney in the
area. Many members of our community are worried that a grassroots community effort
doesn't stand a chance against a powerful real estate attorney. I am confident you will
prove this is not the case.
Residents of Lakeview and Sherwood Park have met numerous times in order to arrive at a
compromise that will be both profitable for the developer as well as fit the neighborhood
that our homeowners have built over the past thirty years. Our homeowners have signed
petitions, have shown up for standing room only P&Z meetings, have spoken, have been
reasonable, and have compromised. The Zoning Board has recognized these efforts, agrees
with our need for more compromise and voted twice to reject Mr.
Guidice's proposals.
It is my understanding that Mr. Guidice has not made any changes to the proposal that was
denied by P&Z. And given that none of the facts have changed (except that Mr. Guidice has
hired an attorney) I don't even understand why he's being allowed to present this proposal
again. I trust that you and your fellow commissioners will support the findings of the
P&Z Board and the compromise of split zoning that has the majority support of the Lakeview
and Sherwood Park residents.
1
Thank you for your time and consideration of this matter.
Sincerely,
Cher Columbus
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders
***
2
Read to Planning & Zoning Committee during Oct. 16 meeting by 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 with Jess and Ray Guidice on September 5.
They presented us with an R-I-A plan. We asked them to come back with something compatible with our
existing zoning.
We had a second meeting on Tuesday, Sept. 26 where they presented the R-l-AA plan in front of you today.
At this meeting we explained that R-1-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 -1-AA plan
at Sunday's community meeting.
Over half a dozen members of our community showed up at the monastery for the October
3rd meeting, but no one from the other side ever showed-up. This was disappointing, to say the
least. The community came up with some ideas but were never able to present them to Jess and Ray for
their feedback.
_ The community is split. Many still believe the entire parcel should be zoned R-1-AAAB. Some are open
to a split zoning between R-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-
1-AAAD.
* Olle of the key points that Mark Krall made after hearing arguments from both sides is that because there
is virtually IlO chame of easement to Military Trail, this parcel cannot be considered a separate enclave.
Therifore it's equivalent to a third phase addition to our existing community. This is the same point I was
trying to make by explaining that they are going to extend LAkeview Blvd and why the zoning should be
identical to the zoning that already exists along the entire length of LAkeview Blvd.
Nubin, Chevelle
,From:
Sent:
To:
Cc:
Subject:
Jon Levinson Oonlev@bellsouth.net]
Friday, November 10, 2006 2:51 PM
'Lisa Shaheen'
Nubin, Chevelle
RE: Rezoning of Chirst the King Monastary of St. Clare
First thanks for "weigh-ing in" and for your service on our City Board.
I have met with the elected neighborhood leaders and the developers architect and staff.
Much progress has been made from the original presentation.
Since this will be quasi judicial I will need to consider information presented at the
hearing. I will submit your email as a part of the official record and have copied our
City Clerk for that purpose.
Thanks again for your thoughts.
Best,
Jon Levinson, Commissioner
City of Delray Beach
2915 South Federal Hwy. D-2
Delray Beach, FL 33483
561-243-2690 phone
561-243-9242 fax
561-212-2799 cell
www.MyDelrayBeach.com
www.JonLevinson.com
-----Original Messageu---
From: "Lisa Shaheen" <lshaheen@gate.net>
Sent: 11/9/2006 8:35 PM
To: "Jonlevinson@mydelraybeach.com"i
&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-1-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" <iMayor@MyDelrayBeach.com>i
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 roadi 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-1-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-1-AAA-B, maintain the size, character and integrity of our
Community. Most importantly, the open space, peace & calm that makes this neighborhood so
special. All the reasons why we moved to this community within the City of Delray Beach 20
years ago and are hoping to preserve this quality of life.
>
> We appreciate all of your efforts on behalf of our Community.
>
> Sincerely,
>
> Claudette R. Pantano
> Raymond L. Pantano
>
>
2
..
Nubin, Chevelle
From:
Sent:
To:
Cc:
Subject:
Jon Levinson Donlev@bellsouth.net]
Tuesday, December 05, 2006 11 :48 AM
ctartes@earthlink.net
Nubin, Chevelle
RE: Rezoning of Christ fthe King Monastery of 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: "Mayor@MyDelrayBeach.com" &It;Mayor@MyDelrayBeach.com>i
Cc: "RitaEllis@MyDelrayBeach.com"
&It;RitaEllis@MyDelrayBeach.com>i
"iFetzer@MyDelrayBeach.com" &It;Fetzer@MyDelrayBeach.com>i
"iJonlevinson@mydelraybeach.com"
&It;Jonlevinson@mydelraybeach.com>;
"Montague@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-l-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-l-AA and
support rezoning the site to R-l-AAA-B.
The plans outlined do not meet our current size and standards of the Lakeview Blvd. Area.
My house sits on .6/10 of an acre (more than A~ acre)a€l 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-l-AAA-B zoning.
Traffic will be increased quiet a bit, and since Lakeview Blvd. is not a main through-
fare, the road is not designed for more than is currently using the road.
I am concerned for safety as well as property values. We want to keep our community
standards which we work deligently to maintain.
In appreciation of your efforts in our behalf.
Sincerely,
Phyllis Eskew
3264 Lakeview Blvd.
Delray Beach, FL 33445
561-637-2738 / cell 561-251-7020
email: phylliseskeW@aol.com
1
Linda Loch
3702 Lakeview Blvd.,
Delray Beach, Florida 33445
I! Q.,.). ..:...,J,$_~~_ u ~.'I.lW~
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December: 8, 2006
City ofDelray Beach
City Commissioners -
100NW 1 ST. Avenue,
Delray Beach, Florida 33444
SUB]: Monastery Zoning Decision
To whom it may concern;
It has been brought to our attention, that at you last meeting, you have decided to allow
secondary access to the St. Clair Monastery property through Lake View Boulevard,
directly adjacent to the above address property line. This decision was in lieu of an entry
directly off of Military Trail.
This.decision is unacceptable to me and all of the residents of Lakeview Boulevard. This
" e1;1try wo~d cause an unnecessary increase in tra.ftiGtpa now quite and safe
neighborhood, where children safely reside. This would:'nQtc,eyen be all.issue if aqcess to
the aforementioned property were made directly off ofMiij~ Trail.
The residents of Lakeview Boulevard see no reason for this unsafe~ch~~g~ in our day to
day lives When thereis.aIi obvioUsaltetnative to this problem.--
We anxiously await a reply in this ~er.
Yours Truly,
~ :)1., ~:
." to
.
Linda Ldch.'
Re~ident.
. .
, .
q\L'.~;"';:'~~;"~ ~~<:.:~{j:. :.,~:' :.~':;;.,\ -;.;.? : 'r- ..~( ,;-;:.";1. t'{o., r,i 'Ll,'~ r~ ,I 'r-..
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PLANNING & ZONING
. i
01<.
tJit1
FROM:
TO:
THRU:
SUBJECT: MEETING OF FEBRUARY 6. 2007 - ** PUBLIC HEARING **
ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 2007-1 (07-1).
Comprehensive Plan Amendment 2007-1 (fka 2006-1) was approved on first reading on August
1, 2006 and transmitted to the Florida Department of Community Affairs for review. The
Amendment included three (3) City initiated Future Land Use Map Amendments, two (2)
privately initiated Future Land Use Map Amendments, and six (6) text changes.
DCA staff reviewed the transmitted amendment and issued the attached Objections,
Recommendations, and Comments (aRC) Report on December 22, 2006. The ORC report
contains four objections. Three of these objections deal with concurrency issues related to the
FLUM amendments and the addition of residential development within the Congress Avenue
Corridor and Depot Road property. The fourth objection requires the addition of a policy related
to the Congress Avenue Mixed Use Future Land Use Map Designation. The response to the
aRC Report is included in the attached Planning & Zoning Staff Report for January 22, 2007.
Several changes to the 2007-1 Amendment are being made prior to adoption. These include the
following:
. The description of the Congress Avenue Mixed Use designation was modified to reflect
provisions of the MROC zoning district, which was adopted by the City Commission on
December 5, 2006;
. The privately initiated FLUM amendment for the former O.C. Taylor dealership property has
been withdrawn. This property is now included as part of the City-initiated FLUM
amendment for this area of North Federal Highway;
. Modification of Future Land Use Element Policy A-2.4, supporting the FLUM amendment for
the North Federal Highway area, is now City-initiated, since it was originally part of the
former a.c. Taylor dealership property FLUM amendment that has been withdrawn;
. A new text amendment, modifying the Five-Year Capital Improvements Schedule, has been
added to reflect adoption of the FY2007-FY2011 Capital Improvements Program;
. A new text amendment, modifying the General Fund Revenue and Expenditure Five Year
Forecast Table, has been added to reflect the current planning period;
. A new text amendment, modifying Coastal Management Element Policy C-3.5, has been
added to allow nonconforming commercial structures within the Coastal Planning Area,
which are destroyed by an act of God, to be rebuilt, pursuant to the recently adopted
Ordinance No. 33-06.
10-]
City Commission Documentation - Meeting of February 6,2007
Adoption of Comprehensive Plan Amendment 07-1
Page 2
. The boundaries and acreage for the Depot Road FLUM amendment have been modified to
accommodate the relocation of Depot Road. The applicant will dedicate right-of-way for the
relocated roadway along the western edge of the property, adjacent to the Railroad. The
area within the existing road right-of-way/open space area between the applicant's property
and 1-95 will be abandoned. This area is being added to the FLUM amendment, including
1.4 acres with an existing FLUM designation of OS (Open Space). With the property
exchange to accommodate the relocated road, the applicant's property will increase to
approximately 9 acres in size.
. A new text amendment, modifying Future Land Use Element Policy A-1.9, has been added.
This is in response to the ORC Report.
The 2007-1 amendment now includes one (1) privately initiated Future Land Use Map
Amendment, three (3) City initiated Future Land Use Map Amendments, nine (9) City initiated
text changes and one (1) privately initiated text change. A brief description of each item is
provided below and a full analysis is contained in the attached Comprehensive Plan
Amendment and support documents.
The Planning and Zoning Board considered the ORC Report and the recommended response at
its January 22, 2007 meeting. The Board voted 6-0 (Dowd absent) to recommend that the City
Commission adopt Comprehensive Plan Amendment 2007-1 on second and final reading and
that the response to the ORC Report be transmitted to the State with the adopted amendment.
By motion, approve on second reading, Ordinance No. 38-06, adopting Comprehensive Plan
Amendment 07-1, based on positive findings that it supports and furthers the Goals, Objectives
and Policies of the Comprehensive Plan, and transmit the adopted Amendment with the
response to the ORC Report to the Florida Department of Community Affairs.
1. Text Amendments
a. Future Land Use Element - Modification of the description of the Commerce FLUM
designation to include provisions for residential development within a designated overlay
district, subject to the provision of workforce housing. This text amendment is privately
initiated in concert with the Depot Road Property Future Land Use Map Amendment;
b. Future Land Use Element - Modification of Mixed Use Categories to add a description
for the new "Congress Avenue Mixed Use" designation, including provisions for
maximum densities and intensities, workforce housing and a transit-oriented
development overlay near the tri-rail station and delete the description for the
"Redevelopment Areas" designation;
c. Amendment of Table L-7, Land Use Designation/Zoning Matrix, to accommodate the
new Congress Avenue Mixed Use designation;
City Commission Documentation - Meeting of February 6, 2007
Adoption of Comprehensive Plan Amendment 07-1
Page 3
d. Future Land Use Element - Modification of Policy A-7.2 to include the provIsion of
workforce housing in the MROC (Mixed Residential Office Commercial) zoning district
which encompasses the new Congress Avenue Mixed Use designation. Language has
also been added to support a privately initiated text amendment to allow residential
development within workforce housing overlay districts in the CMR (Commerce) FLUM
designation when a minimum of 25% of the units are workforce housing;
e. Future Land Use Element - Modification of Policy A-7.4 to increase the time period for
which workforce housing units, constructed under the Family/Workforce Housing
Program, shall remain affordable from 30 to 40 years;
f. Future Land Use Element - Modification of Policy A-2.4 to reflect elimination of the
potential for automobile dealerships between NE 5th Street and George Bush
Boulevard.
g. Future Land Use Element - Modification of Policy A-1.9 to support the addition of a new
mixed-use Future Land Use Map designation and zoning district within the Congress
Avenue Corridor. The new designation permits Commercial, Office and Residential
Development. Originally, an overlay district was to be created and residential uses were
not considered. Provisions for maximum densities and intensities have also been added
to the policy;
h. Capital Improvement Element - Modify Table CI-CIP (5-Year Capital Improvements
Schedule For Projects > $25,000) to reflect adoption of the FY 2007-2011 Capital
Improvement Program;
i. Capital Improvement Element - Modification of the General Fund Revenue and
Expenditure Five Year Forecast Table to reflect the current Planning period;
j. Coastal Management Element - Modification of Policy C-3.5 (Reconstruction
Necessitated by an Act of God) to allow commercial structures to be rebuilt to pre-
disaster use, densities and heights when nonconforming structures within the Coastal
Planning Area are destroyed by a natural disaster. Currently, this policy applies only to
residential, hotel, motel and resort dwelling unit structures. This text amendment will
expand these provisions to include commercial structures.
2. Future Land Use Map Amendments
a. Privately initiated Future Land Use Map amendment for approximately 9 acres, located
on Depot Road, east of the CSX Railroad from IND (Industrial) and OS (Open Space) to
CMR (Commerce).
b. City Initiated Future Land Use Map amendment from GC (General Commercial) to CC
(Commercial Core) for the North Federal Highway Area and including 700 & 707 NE 6th
Avenue (former O.C. Taylor dealership) with a combined total of 21.6 acres, located
between NE 4th Street and George Bush Boulevard and extending from the FEC
Railroad to approximately Y:z block east of NE 6th Avenue. NOTE: The FLUM
amendment for the 3.2 acre property of the former O.C. Taylor dealership was originally
privately-initiated. Since the applicant has withdrawn the application, the City has
expanded the City-initiated amendment to include this area.
c. City initiated Future Land Use Map amendment for approximately 225.5 acres to create
a new CMU (Congress Avenue Mixed Use) Land Use designation along the Congress
City Commission Documentation - Meeting of February 6, 2007
Adoption of Comprehensive Plan Amendment 07-1
Page 4
Avenue corridor, between Atlantic Avenue and the South City limits. The current FLUM
designations include CMR (Commerce), TRN (Transitional), GC (General Commercial)
and CF (Community Facilities).
d. City initiated Future Land Use Map amendment to assign City Future Land Use Map
designations concurrently with the annexation of approximately 3.2 acres of property
located west of Barwick Road, north of the L-31 Canal. The current County Land Use
Map designation is MR-5 (Medium Density Residential, 5 units per acre) and the
proposed City designation is MD (Residential Medium Density 5-12 du/ac).
Attachments:
. Ordinance No. 38-06
. Objections, Comments and Recommendations (ORC) Report
. P & Z Board Staff Report (Response to ORC Report)
. Comprehensive Plan Amendment 07-1
ORDINANCE NO. 38-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2007-1, PURSUANT
TO THE PROVISIONS OF THE "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT', FLORIDA STATUTES SECTION
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 2007-1" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the
provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the
"Local Government Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document
entitled "Comprehensive Plan - Delray Beach, Florida"; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an
amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2007-1; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due
public notice, held a public hearing on July 17, 2006, in accordance with the requirements of the
"Local Government Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, after the above referenced public hearings, the Planning and Zoning Board,
as Local Planning Agency, recommended to the City Commission that the proposed
Comprehensive Plan Amendment 2007-1 be transmitted; and
WHEREAS, proposed Comprehensive Plan Amendment 2007-1 was submitted to and
reviewed by the City Commission; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, following due public notice, the first of two required public hearings on
Comprehensive Plan Amendment 2007-1 was held by the City Commission on August 1, 2006,
at which time it was authorized to be transmitted to the Department of Community Affairs for
required review; and
WHEREAS, Comprehensive Plan Amendment 2007-1 was reviewed by the Florida
Department of Community Affairs and the Department of Community Affairs issued an ORC
(Objections, Recommendations and Comments) Report. Additional documentation and analysis
to support Comprehensive Plan Amendment 2007-1 will be transmitted to the Florida
Department of Community Affairs; and
WHEREAS, following due public notice, the second of two required public hearings on
Comprehensive Plan Amendment 2007-1 was held on February 6, 2007, in accordance with
statutory requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Florida, hereby
declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes
Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and
Land Development Regulation Act".
Section 3. That in implementation of its declared intent as set forth in Section 1 of this
ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment
2007-1, which is attached hereto as Exhibit "A" and incorporated herein by reference.
Section 4. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is
hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2007-1.
Section 5. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
2
ORD. NO. 38-06
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That the effective date of this ordinance, is upon the date a final order is issued
by the Department of Community Affairs( DCA) finding the amendment in compliance in
accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
Commission finding the amendment to be in compliance in accordance with Chapter 163.3184,
F.S.
PASSED AND ADOPTED in regular session on second and final reading on this the
_day of ,2007.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD. NO. 38-06
DEPARTMENT OF COMMUNITY AFFAIRS
CITY OF DELRAY BEACH AMENDMENT 07-1
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT
December 22, 2006
Division of Community Planning
This report is prepared pursuant to Rule 9J-11.0160, F.A.C.
I
PROPOSED COMPREHENS
OBJECTIONS, RECOMMEND
INTRODUCTION
The following objections, recommendations and comments are based upon the Department's
review of the City of Delray Beach 07-1 proposed amendment to their comprehensive plan as
summarized below pursuant to s. 163.3184, Florida Statutes (F.S.). This report reviews these
proposed amendments against the provisions and requirements of Florida's growth management
laws and rules.
The objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida
Administrative Code (F.A.c.), and Chapter 163, F.S.. Each objection includes a recommendation
of one approach that might be taken to address the cited objection. Other approaches may be
more suitable in specific situations. Some of these objections may have initially been raised by
one of the external review agencies. If there is a difference between the Department's objection
and the external agency advisory objection, concern, or comment, the Department's objection
would take precedence.
This report is divided into two parts: Consistency with Chapter 163, F.S. and Consistency with
the State Comprehensive Plan, Chapter 187, F.S. In the first part we have listed our objections to
the proposed amendments, the statutory and rule authority under which we raise these objections,
and suggested remedies for the City to consider. We have also provided suggested
improvements to the proposed amendment that are stated as comments. The second section of
the report outlines the areas in which the proposed amendments are inconsistent with the State
Comprehensive Plan.
Each of the noted objections must be addressed by the City and corrected when the amendment
is resubmitted for our compliance review. Objections that are not addressed may result in a
determination that the amendment is not in compliance. The Department may have raised an
objection regarding missing data and analysis items, which the local government considers not
applicable to its amendment. If that is the case, a statement justifying its non-applicability
pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a
determination on the non-applicability of the requirement, and if the justification is sufficient, the
objection will be considered addressed.
The comments that follow the objections and recommendations section are advisory in nature.
Comments will not form basis of a determination of non-compliance. They are included to call
attention to items raised by our reviewers. The comments can be substantive, concerning
planning principles, methodology or logic, as well as editorial in nature dealing with grammar,
organization, mapping, and reader comprehension.
1
Appended to the back of the Department's report are the comment letters from the other state
review agencies and other agencies, organizations and individuals. These comments are
advisory to the Department and may not form the basis of Departmental objections unless they
appear as objections noted in this report.
I. CONSISTENCY WITH RULE CHAPTER 9J-5, F.A.C., AND CHAPTER 163, F.S.
The Department has the following objections, recommendations and comments related to the
proposed comprehensive plan text amendments relative to the requirements of Section 163.3177,
Florida Statutes, as well as the general requirements of Chapter 163, Florida Statutes (FS.), and
Rule 9J-5, Florida Administrative Code (FA. C.).
A. OBJECTIONS. RECOMMENDATIONS. AND COMMENTS
TEXT AMENDMENTS
Ordinance No. 370: Future Land Use Map (FLUM) Amendments: This ordinance proposes
to change the land uses as indicated in the above table for five properties, totaling 360.7 acres.
They are the designated (1) the North Federal Highway area, (2) Congress Avenue Corridor, (3)
Bexly Park area, (4) Devco Plaza, The Enclave and Breezy Acres areas, and (5) Depot Road
property FLUM amendments.
1. ORC Objection: Public Facilities-All five map amendments do not adequately
demonstrate through data and analysis what the maximum development potential impacts of the
proposed amendments would have on public facilities for which the City has adopted a level of
service standard. The analysis does not show the ability of the City to meet and maintain its
adopted level of service standards through the five year planning period particularly for
roadways, potable water, and wastewater. Or, how, if any deficiencies are identified, the
necessary capital improvements required to maintain adopted levels of service are included in the
5-yr schedule of capital improvements. Thereby, the City has not demonstrated whether the plan
remains financially feasible with the change. Regarding County roadways, the City is depending
upon the County providing a concurrency analysis later. Doing so does not address or replace the
need for a short-term planning analysis regarding the maintenance and achievement ofthe
appropriate adopted LOS standards or the demonstration of the fiscal impact ofthe development
and necessary facilities to serve the development.
Authority: Section 163.3164(32), 163.3177(1), (2), (3)(a)5 and 6, (3)(b)1 and 2, (5)(a), (6)(a),
(c), (e), (t), and (j), (8), and (12) and 163.3180(12) and (16), F.S., and Rule 9J-5.025, 9J-
5.005(2), (2)(c), 9J-5.0055(2)(c), 9J-5.011(1)(t)2, FA.C.
Recommendation: Include with the amendment sufficient data and analysis to demonstrate the
proposed amendment impacts upon public facilities, such as required to provide water, sewerage,
and roadways to serve the expected development at adopted levels of service. This should be
done for both the short-range and long-range planning horizon and if any deficiencies are noted,
the measures to correct the deficiencies should be provided along with the timing and sources of
2
funding to demonstrate financial feasibility as indicated in the objection. If any needed
improvements are necessary which are not currently programmed, revisions should be made to
the Five-Year Capital Improvements Schedule and Capital Improvements Element accordingly.
Congress Avenue Mixed Use property
2. Potential ORC Objection: State Intermodal System (SIS) Facility Impacts-There was
no supporting data and analysis demonstrating that the Florida Department of Transportation's
(FDOT's) level of service for local SIS facilities, particularly 1-95 and Atlantic Avenue/Congress
Avenue SIS connector from 1-95 to the Delray Beach Amtrak/Tri-Rail station entrance, will be
maintained through the short-range and long-range planning horizons.
Authority: Section 163.3177 6)(j) and 163.3180(10), FS., and Rule 9J-5.005(2), (2)(a) and (c),
9J-5.005(4), 9J-5.019(3)(a), (b), (t), and (h), F.A.C.
Recommendation: Provide supporting documentation that demonstrates that the project
impacts from the amendment will be maintained at the FDOT level of service standards for the
nearby SIS facilities, including 1-95 and the Amtrak/Tri-Rail connector. Coordinate the City's
response with FDOT and include analysis for both planning horizons, the short-range and long-
range and should include coordination with FDOT.
Text Amendment(s)
Future Land Use Element Changes [Ordinance No. 370]: In addition to the FLUM changes
proposed above, this ordinance also proposes the following text modifications to the FLUE: (1)
Congress Avenue Mixed Use; (2) Table L-7 Land Use Designation/Zoning; (3) Policy A-7.2 on
workforce housing in the Mixed Use Residential Office Commercial district; (4) Policy A-7.4 to
increase the time period for which workforce housing units from 30 to 40 years; (5) Policy A-2.4
eliminating automobile dealerships usage in between NO 5th Street and George Bush Boulevard;
and (6) the Commerce FLUM designation to allow residential development within overlay
districts when providing workforce housing.
Regarding the text amendments designated as 3) and 6) above, the following objection applies:
1. Potential ORe Objection: Public Facilities-The text amendments regarding workforce
housing appear to increase the amount of residential as workforce units without any supporting
data and analysis indicating the maximum development potential and the potential impacts to
facilities that may be adversely impacted. Similar to Objection 1 above for the FLUM
amendments, there was no analysis provided with the amendment demonstrating the ability of
the City to meet and maintain its adopted level of service standards through the five year
planning period.
Authority: Section 163.3164(32), 163.3177(1), (2), (3)(a)5 and 6, (3)(b)1 and 2, (5)(a), (6)(a),
(c), (e), (t), and (j), (8), and (12) and 163.3180(12) and (16), FS., and Rule 9J-5.025, 9J-
5.005(2), (2)(c), 9J-5.0055(2)(c), 9J-5.011(1)(t)2, FA.C.
3
Recommendation: Include with the amendment sufficient data and analysis to demonstrate the
maximum development potential of the proposed amendment impacts upon all public facilities,
such as required to provide water, sewerage, and roadways to serve the expected development at
adopted levels of service. This should be done for both the short-range and long-range planning
horizon and if any deficiencies are noted, the measures to correct the deficiencies should be
provided along with the timing and sources of funding to demonstrate financial feasibility as
indicated in the objection. If any needed improvements are necessary which are not currently
programmed, revisions should be made to the Five- Year Capital Improvements Schedule and
Capital Improvements Element accordingly.
2. Potential ORC Objection: Intensity and Density Standards Not in Plan-Text
amendments under items (1) and( 2) above regarding the Congress Avenue Mixed Use district
and revisions to Table L-7 do not provide appropriate density and intensity standards in the plan
by policy. They defer these to the land development regulations (LDRs) and a zoning district that
has not been created yet.
Authority: Section 163.3177(1) and (6)(a), F.S., and Rule 9J-5.003(24), (31), and (60), 9J-
5.006(1)(c), and (4)(c), F.A.C.
Recommendation: Include a policy establishing the new land use district for the Congress
Avenue Mixed Use and a revised Table L-7 that includes the types ofland uses that are allowed,
the percentage distribution among the mix of uses, and the density and intensity of each use
allowed. This should be established by policy and may be carried out in greater detail through
appropriate LDRs.
II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
The proposed FLUM amendment DCA # 07-1 is inconsistent with and does not adequately
address or further the goals and policies of the State Comprehensive Plan Chapter 187, Florida
Statutes:
Goal 15 (a) (Land Use), Policy (b)6. Consider, in land use planning and regulation, the
impact of land use on water quality and quantity; the availability of land, water, and other
natural resources to meet demands.
Goal 19 (a) (Transportation), Policy (b)13. Coordinate transportation improvements with
state, local, and regional plans.
Policy (b)3. Enhance the livability and character of urban areas through the
encouragement of an attractive and functional mix of living, working, shopping, and
recreational activities.
Recommendation: By addressing the concerns noted in Section I., these inconsistencies with
Chapter 187, Florida Statutes, can be addressed.
4
MEETING OF: JANUARY 22, 2007
AGENDA ITEM: VI.A. - CONSIDERATION OF THE ORC (OBJECTIONS,
RECOMMENDATIONS AND COMMENTS) REPORT
REGARDING COMPREHENSIVE PLAN AMENDMENT 2007-1.
The item before the Board is that of forwarding a recommendation to City Commission
regarding the response to the Florida Department of Community Affairs (DCA) ORC
report for Comprehensive Plan Amendment 2007-1.
Comprehensive Plan Amendment 2007-1 (fka 2006-1) was transmitted to the Florida
Department of Community Affairs (DCA) for review following a public hearing held by
the City Commission on August 1, 2006. This meeting was also the first reading of the
Adoption Ordinance (No. 38-06).
Several changes to the 2007-1 Amendment are being made prior to adoption. These
include the following:
. The description of the Congress Avenue Mixed Use designation was modified to
reflect provisions of the MROC zoning district, which was adopted by the City
Commission on December 5, 2006;
. The FLUM amendment for the former O.C. Taylor dealership property has been
withdrawn. This property is now included as part of the City-imitated FLUM
amendment for this area of North Federal Highway;
. Modification of Future Land Use Element Policy A-2.4, supporting the FLUM
amendment for the Nortb Federal Highway area, is now City-initiated, since it was
originally part of the former"-d:C. Taylor dealership property FLUM amendment that
has been withdrawn;
. A new text amendment, modifying the Five-Year Capital Improvements Schedule,
has been added to reflect adoption of the FY2007-FY2011 Capital Improvements
Program;
. A new text amendment, modifying the General Fund Revenue and Expenditure Five
Year Forecast Table, has been added to reflect the current planning period; and
. A new text amendment, modifying Coastal Management Element Policy C-3.5, has
been added to allow nonconforming commercial structures within the Coastal
Planning Area, which are destroyed by an act of God, to be rebuilt.
VI.A.
P&Z Board Staff Report
VI.A. Consideration of ORC Report 2007-1
Page 2
In addition to the above changes, a new text amendment, modifying Future Land Use
Element Policy A-1.9, has been added. This is in response to the ORC Report.
It is also noted that the boundaries and acreage for the Depot Road FLUM amendment
will be modified prior to adoption. The right-of-way for Depot Road is being relocated
adjacent to the Railroad and the area within the existing right-of-way will be included in
the amendment. This change is minor in terms of development potential.
The 2007-1 amendment now includes one (1) privately initiated Future Land Use Map
Amendment, three (3) City initiated Future Land Use Map Amendments, nine (9) City
initiated text changes and one (1) privately initiated text change. A brief description of
each item is provided below and a full analysis is contained in the attached
Comprehensive Plan Amendment and support documents.
PRIVATELY INITIATED FUTURE LAND USE MAP AMENDMENT:
. Future Land Use Map amendment for approximately 8.8 acres, located on Depot
Road, east of the CSX Railroad from IND (Industrial) to CMR (Commerce).
CITY INITIATED FUTURE LAND USE MAP AMENDMENTS:
. Future Land Use Map amendment from GC (General Commercial) to CC
(Commercial Core) for the North Federal Highway Area and including 700 & 707 NE
6th Avenue (former O.C. Taylor dealership) with a combined total of 21.6 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.
NOTE: The FLUM amendment for the 3.2 acre property of the former O.C. Taylor
dealership was originally privately-initiated. Since the applicant has withdrawn the
application, the City has expanded the city-initiated amendment to include this area.
. Future Land Use Map amendment for approximately 225.5 acres to create a new
CMU (Congress Avenue Mixed Use) Land Use designation along the Congress
Avenue corridor, between Atlantic Avenue and the South City limits. The current
FLUM designations include CMR (Commerce), TRN (Transitional), GC (General
Commercial) and CF (Community Facilities).
. Future Land Use Map amendment to assign City Future Land Use Map designations
concurrently with the annexation of approximately 3.2 acres of property located west
of Barwick Road, north of the L-31 Canal. The current County Land Use Map
designation is MR-5 (Medium Density Residential, 5 units per acre) and the
proposed City designation is MD (Residential Medium Density 5-12 du/ac).
PRIVATELY INITIATED TEXT AMENDMENT:
. Future Land Use Element - Modification of the description of the Commerce FLUM
designation to include provisions for residential development within a designated
overlay district, subject to the provision of workforce housing. This text amendment
is in concert with the Depot Road property Future Land Use Map Amendment.
P&Z Board Staff Report
VIA Consideration of ORC Report 2007-1
Page 3
CITY INITIATED TEXT AMENDMENTS:
. Future Land Use Element - Modification of Mixed Use Categories to add a description
for the new "Congress Avenue Mixed Use" desig!lation, including provisions for
maximum densities and intensities, workforce housing and a transit-oriented
development overlay near the tri-rail station and delete the description for the
"Redevelopment Areas" designation;
. Amendment of Table L-7, Land Use Designation/Zoning Matrix, to accommodate the
new Congress Avenue Mixed Use designation;
. Future Land Use Element - Modification of Policy A-7.2 to include the provision of
workforce housing in the MROC (Mixed Residential Office Commercial) zoning district
which encompasses the new Congress Avenue Mixed Use designation. Language has
also been added to support a privately initiated text amendment to allow residential
development within workforce housing overlay districts in the CMR (Commerce) FLUM
designation when a minimum of 25% of the units are workforce housing;
. Future Land Use Element - Modification of Policy A-7.4 to increase the time period for
which workforce housing units, constructed under the Family/Workforce Housing
Program, shall remain affordable from 30 to 40 years;
. Future Land Use Element - Modification of Policy A-2.4 to reflect elimination of the
potential for automobile dealerships between NE 5th Street and George Bush
Boulevard.
NOTE: This text amendment was originally privately initiated in concert with the O. C.
Taylor Dealership Future Land Use Map Amendment;
. Future Land Use Element - Modification of Policy A-1.9 to support the addition of a
new mixed-use Future Land Use Map designation and zoning district within the
Congress Avenue Corridor. The new designation permits Commercial, Office and
Residential Development. Originally, an overlay district was to be created and
residential uses were not considered. Provisions for maximum densities and intensities
have also been added to the policy.
. Capital Improvement Element - Modify Table CI-CIP (5-Year Capital Improvements
Schedule For Projects> $25,000) to reflect adoption of the FY 2007-2011 Capital
Improvement Program.
. Capital Improvement Element - Modification of the General Fund Revenue and
Expenditure Five Year Forecast Table to reflect the current Planning period.
. Coastal Management Element - Modification of Policy C-3.5 (Reconstruction
Necessitated by an Act of God) to allow commercial structures to be rebuilt to pre-
disaster use, densities and heights when nonconforming structures within the
Coastal Planning Area are destroyed by a natural disaster. Currently, this policy
applies only to residential, hotel, motel and resort dwelling unit structures. This text
amendment will expand these provisions to include commercial structures.
P&Z Board Staff Report
VIA Consideration of ORC Report 2007-1
Page 4
DCA staff reviewed the transmitted amendment and issued the attached Objections,
Recommendations, and Comments (aRC) Report on December 22, 2006. The aRC
report contains four objections. Three of these objections deal with currency issues
related to the FLUM amendments and the addition of residential development within the
Congress Avenue Corridor and Depot Road property. The fourth objection requires the
addition of a policy related to the Congress Avenue Mixed Use Designation. The
following is a description of the objections and the recommended responses.
ORC OBJECTION # 1
"Ordinance No. 370: Future Land Use Map (FLUM) Amendments: This ordinance
proposes to change the land uses as indicated in the above table for five properties,
totaling 360.7 acres. They are the designated (1) the North Federal Highway area, (2)
Congress Avenue Corridor, (3) Bexley Park area, (4) Devco Plaza, The Enclave and
Breezy Acres areas, and (5) Depot Road property FLUM amendments.
Public Facilities-All five map amendments do not adequately demonstrate through
data and analysis what the maximum development potential impacts of the proposed
amendments would have on public facilities for which the City has adopted a level of
service standard. The analysis does not show the ability of the City to meet and
maintain its adopted level of service standards through the five year planning period
particularly for roadways, potable water, and wastewater. Or, how, if any deficiencies
are identified, the necessary capital improvements required to maintain adopted levels
of service are included in the 5-yr schedule of capital improvements. Thereby, the City
has not demonstrated whether the plan remains financially feasible with the change.
Regarding County roadways, the City is depending upon the County providing a
concurrency analysis later. Doing so does not address or replace the need for a short-
term planning analysis regarding the maintenance and achievement of the appropriate
adopted LOS standards or the demonstration of the fiscal impact of the development
and necessary facilities to serve the development."
Response:
Corrections: The adopting Ordinance, submitted with the transmittal, was Ordinance
Number 38-06, not 370, as indicated above. Furthermore, the FLUM amendment for
"Devco Plaza, The Enclave and Breezy Acres" area was deleted from the submittal prior
to transmittal and is not included with this amendment. It is also noted that the acreage
calculation for the North Federal Highway FLUM amendment has been corrected to
21.6 acres. The amendment includes four (4) FLUM amendments totaling 259.1 acres.
Traffic studies have been prepared for both the Conqress Avenue Corridor and the
Depot Road Property FLUM Amendments. The traffic study for the Congress Avenue
Corridor indicates that the maximum potential trip generation due to the amendment will
decrease. The study for the Depot Road property indicates that the project meets Palm
Beach County Traffic Performance Standards with all of the roadway links with 1 % or
more project traffic significance meeting LOS Standards. Copies of each of these
P&Z Board Staff Report
VIA Consideration of ORC Report 2007-1
Page 5
reports will be provided to DCA. As indicated in the staff reports, included in the
supporting documents, there are no other public facility currency issues with regard to
these two FLUM amendments. A synopsis of the analysis will be provided to DCA with
the ORC Response.
The maximum development potential for the Bexlev Park Area will increase from 5 units
per acre to 12 units per acre with the FLUM amendment. This equates to an additional
22 units. The impact of this number of additional units on public facilities is not
significant. An analysis will be provided to DCA with the ORC response.
The maximum development for the North Federal Hiahwav Area will remain the same
under the proposed FLUM amendment.
ORC OBJECTION # 2
"State Intermodal System (515) Facility Impacts-There was no supporting data and
analysis demonstrating that the Florida Department of Transportation's (FOOT's) level
of service for local SIS facilities, particularly 1-95 and Atlantic Avenue/Congress Avenue
SIS connector from 1-95 to the Delray Beach Amtrak/Tri-Rail station entrance, will be
maintained through the short-range and long-range planning horizons. II
Response:
As noted in the response to Objection #1, a traffic study has been prepared that
addresses this issue. As indicated in the study, there is a decrease in the maximum trip
generation potential due to the proposed FLUM amendment for the Congress Avenue
Mixed Use designation. Therefore, traffic operation for the SIS facilities will not be
impacted beyond what is currently permitted within the existing FLUM designations. It
should be remembered that this study indicates the maximum potential, assuming
redevelopment of the entire corridor to maximum intensity. This in no way indicates
what will ultimately be approved for the area. Traffic studies are required for all
development projects in the City and all projects are required to demonstrate the ability
to meet traffic concurrency and comply with Palm Beach County Traffic Performance
Standards prior to approval.
ORC OBJECTION # 3
"In addition to the FLUM changes proposed above, this ordinance also proposes the
following text modifications to the FLUE: (1) Congress Avenue Mixed Use; (2) Table L-7
Land Use Designation/Zoning; (3) Policy A-7.2 on workforce housing in the Mixed Use
Residential Office Commercial district; (4) Policy A-7.4 to increase the time period for
which workforce housing units from 30 to 40 years; (5) Policy A-2.4 eliminating
automobile dealerships usage in between NO 5th Street and George Bush Boulevard;
and (6) the Commerce FLUM designation to allow residential development within
overlay districts when providing workforce housing.
Regarding the text amendments designated as 3) and 6) above, the following objection
applies:
P&Z Board Staff Report
VIA Consideration of ORC Report 2007-1
Page 6
Public Facilities-The text amendments regarding workforce housing appear to
increase the amount of residential as workforce units without any supporting data and
analysis indicating the maximum development potential and the potential impacts to
facilities that may be adversely impacted. Similar to Objection 1 above for the FLUM
amendments, there was no analysis provided with the amendment demonstrating the
ability of the City to meet and maintain its adopted level of service standards through
the five year planning period. 11
Response:
This objection concerns the addition of residential development in the Congress Avenue
Mixed Use designation and the Commerce designation (Depot Road Property).
Residential development is not currently allowed in either of these areas. It is noted that
residential development was considered in the traffic studies for both of these areas.
See the response to Objection #1.
ORC OBJECTION # 3.
"Intensity and Density Standards Not in Plan-Text amendments under items (1)
and( 2) above regarding the Congress Avenue Mixed Use district and revisions to Table
L-7 do not provide appropriate density and intensity standards in the plan by policy.
They defer these to the land development regulations (LORs) and a zoning district that
has not been created yet. 11
Response:
The required information is already contained within the description of the Congress
Avenue Mixed Use Future Land Use Designation. However, to meet this requirement,
Future Land Use Element Policy A-1.9 has been modified to contain the required
information:
Policy A-1.9 The City shall create a new Future land Use designation and zoning district for
the Congress Avenue Corridor. The Congress Avenue Mixed Use Future land Use designation
will accommodate a variety of uses including limited commercial, office development and
residential uses. The primary function of the district is to attract Class A office development
while allowing limited residential development (including workforce housing) and support
commercial uses. The designation will allow commercial and office development at a total
maximum FAR of 1.0. The commercial uses are limited to 20% of the total floor area of a master
development plan. Office uses may comprise one hundred percent (100%) of the total floor area
of a master development plan. Residential development, at a maximum density of up to 50 units
per acre within 2,500 linear feet of the Tri Rail Station, and 40 units per acre for the balance of
the corridor, will be allowed. Residential use may comprise up to 100% of the total floor area of
a master development plan within 1,000 feet of the Tri-Rail Station; 80% of the total floor area
between 1,001 and 2,500 feet of the Tri-Rail Station; and 75% of the total floor area for the
balance of the corridor. The maximum FAR for residential uses is 2.0. Upon establishment of
the Congress Avenue Mixed Use (CMU) district, the City shall create a new zoning district that
permits this mixed use development.
P&Z Board Staff Report
VIA Consideration of ORC Report 2007-1
Page 7
CONSISTENCY WITH THE STA TE COMPREHENSIVE PLAN
"The proposed FLUM amendment DCA # 07-1 is inconsistent with and does not
adequately address or further the goals and policies of the State Comprehensive Plan
Chapter 187, Florida Statutes:
Goal 15 (a) (Land Use), Policy (b) 6. Consider, in land use planning and regulation,
the impact of land use on water quality and quantity; the availability of land, water, and
other natural resources to meet demands.
Goal 19 (a) (Transportation), Policy (b) 13. Coordinate transportation improvements with
state, local, and regional plans.
Policy (b)3. Enhance the livability and character of urban areas through the
encouragement of an attractive and functional mix of living, working, shopping, and
recreational activities.
Recommendation: By addressing the concerns noted in Section I., these
inconsistencies with Chapter 187, Florida Statutes, can be addressed. "
Response:
The issues that are inconsistent with the State Comprehensive Plan have been
addressed through the above responses to the ORC Report.
By motion, recommend that the City Commission approve on second and final reading
Comprehensive Plan Amendment 2007-1 and that the response to the ORC Report,
contained herein, be transmitted to the State with the adopted amendment.
Attachments:
. ORC Report
. Comprehensive Plan Amendment 2007-1
s:\planning & zoning\longrange\comp\amend 07-1 \adoption\2007 -1 orc.doc
CITY OF DELRA Y BEACH, FLORIDA
Planning & Zoning Board
Transmittal Public Hearing
July 17, 2006
City Commission
Transmittal Public Hearing
August 1, 2006
City Commission
Adoption Public Hearing
February 6, 2007
CITY OF DELRAY BEACH, FLORIDA
- TABLE OF CONTENTS -
Paae
TEXT CHANGES - (CITY INITIATED)
1 Future Land Use Element - Modification of Mixed Use Categories to add a
description for the new Congress Avenue Mixed Use FLUM designation
and delete the description for the Redevelopment Areas designation
4 Future Land Use Element - Amendment of Table L-7, Land Use
Designation/Zoning Matrix, dealing with the new Congress Avenue Mixed
Use FLUM designation
4 Future Land Use Element - Policy A-7.2 (Workforce Housing Densities)
5 Future Land Use Element - Policy A-7.4 (Workforce Housing Affordability
Time Period)
6 Future Land Use Element - Policy A-2.4 (Automobile Dealerships)
8 Future Land Use Element - Policy A-1.9 (Congress Avenue Corridor)
9 Capital Improvement Element - Amendment of Table CI-CIP, Table CI-CIP
(5-Year Capital Improvements Schedule For Projects> $25,000)
9 Capital Improvement Element - Amendment of General Fund Revenue
and Expenditure Five Year Forecast Table.
9
Coastal Management Element
Necessitated by an Act of God)
Policy C-3.5 (Reconstruction
TEXT CHANGES - (PRIVATELY INITIATED)
10 Future Land Use Element - Modification of the description of the
Commerce FLUM designation.
AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED)
11 North Federal Highway Area
11 Congress Avenue Corridor
11 Bexley Park Area
AMENDMENTS TO THE FUTURE LAND USE MAP - (PRIVATELY
INITIATED)
12 Depot Road
CITY OF DELRAY BEACH, FLORIDA
TEXT CHANGES
CITY INITIA TED TEXT CHANGES
1) Location: Future Land Use Element - Pg. FL-44, Modification of the Mixed
Use Categories to add a description for the new "Congress Avenue Mixed
Use" FLUM designation and delete the description for the
"Redevelopment Areas" designation.
MIXED USE CATEGORIES: There are two types of mixed use land designations
on the Future Land Use Map.
Other Mixed Use: There is not a designation for this category. However, such
areas are generally noted by the more general boundaries of the land use
designations. An example would be the accommodation of a future park site or
retention of open space in a development proposal. There are no incentives such
as are provided in the L.S.M.U. category. Land which is appropriately developed
under an "other mixed use" approach can be processed as a Special Activities
District (SAD), through a Planned Development approach (PRO, PCC, etc.),
through other specially created mixed use districts such as the Old School Square
Historic Arts District (OSSHAD), or through application of individual zoning districts
(part RM, part CF, part OS, etc.) with the boundaries of the zoning districts not
having to be congruent with the designation of the Future Land Use Map, provided
that the Local Planning Agency finds the development to be compatible with
adjoining properties.
Specially created mixed use districts such as the Old School Square Historic Arts
District shall be created through the addition of a zone district to the City's Land
Development Regulations. Special Activities Districts zone districts shall be
created through the adoption of a zoning ordinance. Such districts and zoning
ordinance (SAD's) shall provide specific guidelines for the implementation of this
mixed use district, including the land use types allowed, their densities or
intensities, the relative proportion (percentage) of each land use type within
flexible ranges, and compatibility requirements. Densities and intensities
appropriate to each type of land use (residential and nonresidential) must be
included.
( 1 )
Existing zoning regulations shall establish the land use types allowed, their
intensities and densities, the relative proportion of each land use and compatibility
for other mixed use's created through the application of individual zoning districts.
However, the specific boundaries of the existing zoning districts need not be
adhered to in the development and approval of a site and development plan.
Assurance that these items are addressed will be through the standards for site
plan actions, Section 3.3.3 of the City's Land Development Regulations.
Redevelopment Areas: This designation is applied to those areas which have
been identified in the Future Land Use Element as being in need of
redevelopment. Development shall occur pursuant to a specific "redevelopment
plan" which is to be prepared pursuant to Objective C-2 of the Future Land Use
Element. If a development proposal is presented to the City prior to the creation
and adoption of a redevelopment plan, that proposal shall be handled in one of the
following ways:
o the application shall be placed on hold for not more than six months while the
redevelopment plan is prepared;
o the application shall be processed on a case-by-case basis with the existing
zoning map, the Future Land Use Element, and the Housing Element providing
the Local Planning Agency with the policy guidance needed to properly dispose
of the application.
(Note: A description. of each of the redevelopment areas is contained within
Objective C-2 of the Future Land Use Element.)
Change:
REVISION
MIXED USE CATEGORIES: There are two types of mixed use land designations
on the Future Land Use Map.
Conaress Avenue Mixed Use: This desiqnation is applied to properties in the
Conqress Avenue Corridor bounded bv West Atlantic Avenue on the north, the C-
15 Canal to the south, 1-95 transportation corridor on the east and qenerallv
Conqress Avenue on the west toqether with the Conqress Park, Conqress Park
South, and the Office Depot complex located iust west of Conqress Avenue. The
Mixed Use desiqnation accommodates a variety of uses includinq limited
commercial, office development and residential uses. The primary function of the
district is to attract Class A office development while allowinq limited residential
development (includinq workforce housinq) and support commercial uses.
Upon establishment of the Conqress Avenue Mixed Use (CMU) district, the City
shall create a zoninq district that permits mixed use development. Residential
development at a maximum density of UP to 50 units per acre within 2,500 linear
feet of the Tri Rail Station, and 40 units per acre for the balance of the corridor will
be allowed. Residential use may comprise up to 100% of the total floor area of a
master development plan within 1,000 feet of the Tri-Rail Station: 80% of the total
( 2 )
floor area between 1,001 and 2,500 feet of the Tri-Rail Station: and 75% of the
total floor area for the balance of the corridor. The maximum FAR for residential
uses is 2.0. The mixed use cateQorv will also allow commercial and office
development at a maximum FAR of 1.0. The commercial uses are limited to 20%
of the total floor area of a master development plan.
Other Mixed Use: There is not a designation for this category. However, such
areas are generally noted by the more general boundaries of the land use
designations. An example would be the accommodation of a future park site or
retention of open space in a development proposal. There are no incentives such
as are provided in the L.S.M.U. category. Land which is appropriately developed
under an "other mixed use" approach can be processed as a Special Activities
District (SAD), through a Planned Development approach (PRO, PCC, etc.),
through other specially created mixed use districts such as the Old School Square
Historic Arts District {aSS HAD), or through application of individual zoning districts
(part RM, part CF, part OS, etc.) with the boundaries of the zoning districts not
having to be congruent with the designation of the Future Land Use Map, provided
that the Local Planning Agency finds the development to be compatible with
adjoining properties.
Specially created mixed use districts such as the Old School Square Historic Arts
District shall be created through the addition of a zone district to the City's Land
Development Regulations. Special Activities Districts zone districts shall be
created through the adoption of a zoning ordinance. Such districts and zoning
ordinance (SAD's) shall provide specific guidelines for the implementation of this
mixed use district, including the land use types allowed, their densities or
intensities, the relative proportion (percentage) of each land use type within
flexible ranges, and compatibility requirements. Densities and intensities
appropriate to each type of land use (residential and nonresidential) must be
included.
Existing zoning regulations shall establish the land use types allowed, their
intensities and densities, the relative proportion of each land use and compatibility
for other mixed use's created through the application of individual zoning districts.
However, the specific boundaries of the existing zoning districts need not be
adhered to in the development and approval of a site and development plan.
Assurance that these items are addressed will be through the standards for site
plan actions, Section 3.3.3 of the City's Land Development Regulations.
Redevelopment Areas: This dosignation is applied to thoso areas ~J.'hich ha'Jo
boen identified in the Future Land Usa Element as being in neod of
redevelopment. Dovelopment shall occur pursuant to a specific "redevelopment
plan" which is to be prepared pursuant to Objective C 2 of the Futuro Land Use
Element. If a development proposal is presented to the City prior to the creation
and adoption of a redevelopment plan, that proposal shall be handled in one of the
follO\\'ing ways:
( 3 )
a the application shall be placed on hold for not more than six months while the
rode'Jelopment pl3n is propared;
a the application shall be processed on a caso by case basis 'Nith the oxisting
zoning map, tho Futuro Land Use Element, and the Housing Element providing
the Local Planning Agency with the policy guidance needed to properly dispose
of the application.
(Note: ^ description of each of the redevelopment areas is contained 'Nithin
Objective C 2 of the Futuro Land Use Element.)
Comment: This revision is being made to support the addition of a new mixed-use
designation within the Congress Avenue Corridor. The new designation permits
Commercial, Office and Residential Development. If residential development is
included within a project's development mix, 20% of the units must be Workforce
Housing. See Support Document #2 - Congress Avenue Corridor - FLUM
Amendment staff report.
The Redevelopment Area designation was meant to serve as a holding category
until a Redevelopment Plan could be completed and permanent designations
assigned. Since the last Redevelopment Plan was completed in 2005 and
permanent Future Land Use designations have now been assigned to all six
Redevelopment Areas, this designation is no longer needed.
2) Location: Future Land Use Element - Pg. FL-46, Table L-7, Land Use
Designation/Zoning Matrix
See existing table attached as Support Document #5
Change:
REVISION
Comment: This revision is being made to add the new "Congress Avenue Mixed
Use" designation to the Matrix. The table has also been revised to eliminate the
"Redevelopment Areas" FLUM designation and the RT zoning district, both of
which no longer exist. See revised table attached as Support Document #6.
3) location: Future land Use Element - Pg. Fl- 27, Policy A-7.2 (Workforce
Housing)
Policy A-7.2 Workforce Housing Overlay Districts shall be identified on the Future
Land Use Map. The maximum density within these districts shall be as follows:
. The Southwest Neighborhood and Carver Estates Overlay Districts shall
have a maximum density of 24 units per acre.
. The SW 10th Street Overlay District shall have a maximum density of 12
units per acre.
( 4 )
. All other Overlay Districts shall have a maximum density of 18 units per
acre.
Change: REVISION
Policy A-7.2 Workforce Housing ZoninQ Districts and/or Overlay Districts shall be
identified on the Future Land Use Map. The maximum density within these districts
shall be as follows:
. The MROC (Mixed Residential Office Commercial) zoninQ district shall have
a maximum density of 40 units per acre except within the Tri-rail Station
Overlay where the maximum density is 50 units per acre.
. The Southwest Neighborhood and Carver Estates Overlay Districts shall
have a maximum density of 24 units per acre.
. The 1-95/CSX RR Corridor Overlay District shall have a maximum of 24
units per acre.
. The SW 10th Street Overlay District shall have a maximum density of 12
units per acre.
. All other Overlay Districts shall have a maximum density of 18 units per
acre.
Comment: This revision is being made to support the addition of a new mixed-
use designation within the Congress Avenue Corridor. A new mixed-use zoning
district, MROC (Mixed Residential Office Commercial), is being created to
encompass the entire area within this FLUM designation. The MROC zoning
district will permit a mix of Commercial, Office and Residential Development. If
residential development is included within a project's development mix, a minimum
of 20% of the units must be workforce housing. To support transit-oriented
development around the Tri-rail station, an overlay area is being created to include
properties within 2,500 feet of the station. Residential development within this
overlay area will be allowed at allow higher densities than elsewhere within the
zoning district.
The revised text also includes language to support the privately initiated Depot
Road text amendment to create an overlay district within the Commerce FLUM
Designation. A maximum of 24 units per acre is being proposed within the
1-95/CSX RR Corridor Overlay District with the requirement that a minimum of 25%
of the units must be workforce housing.
4) location: Future land Use Element - Pg. Fl-26 to 27, Policy A-7.4
(Workforce Housing)
Policy A-7.4 All Workforce Housing Units, constructed under the
FamilylWorkforce Housing Program, shall remain affordable for a period of no less
than thirty (30) years commencing from the date of initial occupancy of the unit.
Change:
REVISION
( 5)
Policy A-7.4 All Workforce Housing Units, constructed under the
FamilylWorkforce Housing Program, shall remain affordable for a period of no less
than thirty (30) forty (40) years commencing from the date of initial occupancy of
the unit.
Comment: This revision is being made to reflect modifications made to the
FamilylWorkforce Housing Program in April, 2006.
5) Location: Future Land Use Element - Pg. FL-26 to 27, Policy A-2.4
(Automobile Dealerships)
Policy A-2.4 Automobile uses are a significant land use within the City and as
such they have presented unique concerns. In order to properly control these
uses and guide them to locations which best suit the community's future
development, the following shall apply:
1) Auto related uses other than gasoline stations, wash establishments, and auto
parts sales, shall not be permitted in the area encompassed by the CBD zone
district.
2) Automobile dealerships shall not locate and/or expand in the following areas:
o Within the CBD zone district;
o West side of Southbound Federal Highway between George Bush
Boulevard and S.E. 10th Street;
o East side of Federal Highway, between George Bush Boulevard and the
north property line of the Delray Swap Shop/Flea Market Property;
o On properties fronting George Bush Boulevard, east of Federal Highway.
However, on the east side of Federal Highway, south of N.E. 6th Street, an
existing dealership may expand onto adjacent property which has an auto
sales use and which is zoned AC.
3) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships
shall not be permitted west of 1-95.
4) Automobile dealerships shall be directed to the following areas:
o North of George Bush Boulevard, between Federal and Dixie Highways;
o East side of Federal Highway north of the north property line of the Delray
Swap Shop/Flea Market;
o South of Linton Boulevard, between Federal and Dixie Highways;
( 6 )
o Between the one-way pairs (Federal Highway), from S.E. 4th Street to S.E.
10th Street; and from N.E. 5th Street to George Bush Boulevard;
o On the north side of Linton Boulevard, between 1-95 and S.W. 10th Avenue,
and along Wallace Drive.
5) Auto related uses which involve the servicing and repair of vehicles, other than
as part of a full service dealership, shall be directed to industrial/commerce
areas.
Change:
REVISION
Policy A-2.4 Automobile uses are a significant land use within the City and as
such they have presented unique concerns. In order to properly control these
uses and guide them to locations which best suit the community's future
development, the following shall apply:
1) Auto related uses other than gasoline stations, wash establishments, and auto
parts sales, shall not be permitted in the area encompassed by the CBD zone
district.
2) Automobile dealerships shall not locate and/or expand in the following areas:
o Within the CBD zone district;
o West side of Southbound Federal Highway between George Bush
Boulevard and S.E. 10th Street;
o East side of Federal Highway, between George Bush Boulevard and the
north property line of the Delray Swap Shop/Flea Market Property;
o On properties fronting George Bush Boulevard, east of Federal Highway.
However, on the east side of Federal High\4:ay, south of N.E. 6th Street, an
existing dealership may exp~md onto adjacent property '.vhich has an auto
salos use and ...:hich is zoned AC.
3) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships
shall not be permitted west of 1-95.
4) Automobile dealerships shall be directed to the following areas:
o North of George Bush Boulevard, between Federal and Dixie Highways;
o East side of Federal Highway north of the north property line of the Delray
Swap Shop/Flea Market;
o South of Linton Boulevard, between Federal and Dixie Highways;
( 7)
o Between the one-way pairs (Federal Highway), from S.E. 4th Street to S.E.
10th Street; and from N.E. 5th Stroet to George Bush Boule'.'ard;
o On the north side of Linton Boulevard, between 1-95 and S.W. 10th Avenue,
and along Wallace Drive.
5) Auto related uses which involve the servicing and repair of vehicles, other than
as part of a full service dealership, shall be directed to industrial/commerce
areas.
Comment: This revIsion is being made in concert with the proposed FLUM
amendment for the North Federal Highway Area. Pursuant to Parts 1 and 2 of this
policy, automobile dealerships are not permitted within the CBD zoning district.
Since this area is proposed to be rezoned to CBD, the modifications are necessary
to eliminate the conflict.
6) Location: Future Land Use Element - Pg FL- 23 , Modification of Policy A-
1.9 (Congress Avenue Corridor)
Policy A-1.9 The City shall create an overlay district for the Congress Avenue
Corridor and the Land Development Regulations shall be modified to facilitate and
encourage the development of Class A corporate offices within the district.
Change:
REVISION
Policy A-1.9 The City shall create an overlay a new Future Land Use desionation
and zoninq district for the Congress Avenue Corridor and the Land Development
Regulations shall be modified to facilitate and encourage the development of
Class ^ corporate offices within the district. The Conoress Avenue Mixed Use
Future Land Use desionation will accommodate a variety of uses includino limited
commercial. office development and residential uses. The primary function of the
district is to attract Class A office development while allowino limited residential
development (includino workforce housino) and support commercial uses. The
desionation will allow commercial and office development at a total maximum FAR
of 1.0. The commercial uses are limited to 20% of the total floor area of a master
development plan. Office uses may comprise one hundred percent (100%) of the
total floor area of a master development plan. Residential development. at a
maximum density of up to 50 units per acre within 2.500 linear feet of the Tri Rail
Station. and 40 units per acre for the balance of the corridor, will be allowed.
Residential use may comprise UP to 100% of the total floor area of a master
development plan within 1.000 feet of the Tri-Rail Station; 80% of the total floor
area between 1.001 and 2.500 feet of the Tri-Rail Station: and 75% of the total
floor area for the balance of the corridor. The maximum FAR for residential uses is
2.0. Upon establishment of the Conqress Avenue Mixed Use (CMU) district. the
City shall create a new zonino district that permits this mixed use development.
( 8 )
Comment: This revision is being made to support the addition of a new mixed-use
designation within the Congress Avenue Corridor. Originally, an overlay district
was to be created and residential uses were not considered. The new designation
permits Commercial, Office and Residential Development. See Support
Document #2 - Congress Avenue Corridor - FLUM Amendment staff report.
7) Location: Capital Improvement Element - Pg. CI-28 to CI-30, Table CI-CIP,
Table CI-CIP (5-Year Capital Improvements Schedule For Projects> $25,000)
See existing table attached as Support Document #7
Change:
REVISION
Comment: The City Commission has adopted the Capital Improvement Plan
(CIP) for FY2006-07 - FY2010-11. Therefore, the table has been revised to reflect
the new CIP. See revised table attached as Support Document #8.
8) Location: Capital Improvement Element - Pg. CI-12, General Fund
Revenue and Expenditure Five Year Forecast Table.
See existing table attached as Support Document #9
Change:
REVISION
Comment: The table has been revised to reflect the current planning period.
See updated table attached as Support Document #10.
9) Location: Coastal Management Element - Pg CM- 23 , Modification of
Policy C-3.5 (Reconstruction Necessitated by an Act of God)
Policy C-3.5 Whenever a residential, hotel, motel, or resort dwelling unit structure
is destroyed to an extent of greater than 50% of its value by disaster, the structure
may be rebuilt to pre-disaster densities and heights if permit applications are
submitted within one year following the disaster. Current fire and building codes
shall be met; current parking, building setbacks, and landscape requirements shall
be complied with as closely as possible. For purposes of this policy, disaster
means any non-self imposed catastrophic damage including, but not limited to,
fire, flood and storm.
Change:
REVISION
Policv C-3.5 Whenever a commercial, residential, hotel, motel, or resort dwelling
unit structure is destroyed to an extent of greater than 50% of its value by disaster,
the structure may be rebuilt to pre-disaster use. densities and heights if permit
applications are submitted within one year following the disaster. Current fire and
( 9 )
building codes shall be met; current parking, building setbacks, and landscape
requirements shall be complied with as closely as possible. For purposes of this
policy, disaster means any non-self imposed catastrophic damage including, but
not limited to, fire, flood and storm.
Comment: Pursuant to the above policy, 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. This text
amendment will expand these provisions to include commercial structures. Given
the intensity of the 2004 and 2005 hurricane seasons, the issue of how to deal
with the potential for substantial structural damage has come to the forefront.
Until recently, the reconstruction of nonconforming commercial structures was
excluded from provisions in the Land Development Regulations which make it
possible to rebuild nonconforming residential structures which are destroyed by an
Act of God. In order to provide a relief mechanism to deal with the potential
financial loss to property and business owners, as well as the loss of goods and
services available to residents of the City, should a major disaster take place, the
Land Development Regulations were amended to expand those provisions to
include commercial structures. However, since the LOR amendment was not
consistent with the above policy, the change is currently effective only for areas
outside of the Coastal Planning Area. The proposed text amendment is necessary
so that these provisions can also be applied to properties within the Coastal
Planning Area.
PRIVA TEL Y INITtA TED TEXT CHANGES
10)location: Future land Use Element - Pg. Fl-43, Description of the
Commerce FlUM designation.
Commerce: This designation is applied to property which is developed, or is to be
developed, in such a manner as to accommodate a mix of industrial, service, and
commercial uses. This may be done either through development of existing
parcels or through a planned concept.
Change:
REVISION
Commerce: This designation is applied to property which is developed, or is to be
developed, in such a manner as to accommodate a mix of industrial, service, and
commercial uses. This may be done either through development of existing
parcels or through a planned concept. Residential development may also be
permitted provided that such development is within a desionated workforce
housino overlay district that allows such use and any residential development
meets the criteria of the City of Delray Beach Workforce Housino Ordinance.
Areas with this desionation. located within a workforce housino overlay district.
may be developed UP to a maximum of 24 units per acre. provided at least 25% of
the units are workforce housino units.
( 10)
Comment: This text amendment is in concert with the Depot Road Property
Future Land Use Map Amendment. The Applicant is proposing a mixed-use
development with 52,284 square feet of office area, 49,600 square feet of
warehouse, and 250-300 multifamily/rental apartments units on the subject
property. Twenty-five percent of the residential units will be workforce housing.
Also see Support Document #4 - Depot Road Property - FLUM Amendment and
Rezoning staff report.
AMENDMENTS TO THE FUTURE LAND USE MAP
CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS:
. Future Land Use Map amendment from GC (General Commercial) to CC
(Commercial Core) for the North Federal Highway Area and including 700 &
707 NE 6th Avenue (former O.C. Taylor dealership) with a combined total of
21.6 acres, located between NE 4th Street and George Bush Boulevard and
extending from the FEC Railroad to approximately ~ block east of NE 6th
Avenue.
NOTE: The FLUM amendment for the 3.2 acre property of the former O.C.
Taylor dealership was originally privately-initiated. Since the applicant has
withdrawn the application, the City has expanded the city-initiated amendment
to include this area.
See Support Document #1 - North Federal Highway Area - FLUM Amendment
and Rezoning staff report.
. Future Land Use Map amendment for approximately 225.5 acres to create a
new CMU (Congress Avenue Mixed Use) Land Use designation along the
Congress Avenue corridor, between Atlantic Avenue and the South City limits.
The current FLUM designations include CMR (Commerce), TRN (Transitional),
GC (General Commercial) and CF (Community Facilities).
See Support Document #2 - Congress Avenue Corridor - FLUM Amendment
staff report.
. Future Land Use Map amendment to assign City Future Land Use Map
designations concurrently with the annexation of approximately 3.2 acres of
property located west of Barwick Road, north of the L-31 Canal. The current
County Land Use Map designation is MR-5 (Medium Density Residential, 5
units per acre) and the proposed City designation is MD (Residential Medium
Density 5-12 du/ac).
See Support Document #3 - Bexley Park Area - Annexation, FLUM
Amendment and Rezoning staff report.
( 11 )
PRIVA TEL Y INITIA TED FUTURE LAND USE MAP AMENDMENTS:
. Future Land Use Map amendment for approximately 9 acres, located on Depot
Road, east of the CSX Railroad from IND (Industrial) and OS (Open Space) to
CMR (Commerce).
See Support Document #4 - Depot Road Property - FLUM Amendment and
Rezoning staff report.
s:\planning & zoning\longrange\comp\amend 07-1\adoption\07-1 maindoc city commission xmit.doc
( 12 )
CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #1
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
July 17, 2006
IV.B.2.a
Privately And City Initiated Future Land Use Map (FLUM) Amendment From
GC (General Commercial) To CC (Commercial Core) And Rezoning From
AC (Automotive Commercial) In Part And GC (General Commercial) In Part
To CBD (Central Business District) For Property Generally Located Between
NE 4th Street And George Bush Boulevard And Extending From The FEC
Railroad To Approximately % Block East Of NE 6th Avenue.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Applicant................................... New Urban Communities &
City of Delray Beach
Location...................................... Between NE 4th Street And
George Bush Boulevard And
Extending From The FEC
Railroad To Approximately ~
Block East Of NE 6th Avenue.
Property Size.............................. 23.20 Acres
Future Land Use Map................ GC (General Commercial)
Proposed FLUM........................ CC (Commercial Core)
Current Zoning............................ GC (General Commercial) &
AC (Automotive Commercial)
Proposed Zoning........................ CBD (Central Business
District)
Adjacent Zoning................North: GC (General Commercial)
East: RM (Multiple Family
Residential - Medium
Density) & CF (Community
Facilities)
. South: CBD
West: RO (Residential Office)
Existing Land Use...................... Commercial/Office/Auto-
mobile Repair and Sales
Proposed Land Use.................... A Development Proposal Has
Not Been Submitted.
Water Service............................. Existing.
Sewer Service........ ........ ............. Existing.
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The action before the Board is that of making a recommendation to the City
Commission on a privately and City initiated Future Land Use Map (FLUM) Amendment
from GC (General Commercial) to CC (Commercial Core) and rezoning from AC
(Automotive Commercial) in part and GC (General Commercial) in part to CBD (Central
Business District) for property generally located between NE 4th Street and George
Bush Boulevard and extending from the FEC Railroad to approximately % block east of
NE 6th Avenue.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to FLUM and Rezoning Amendments for any property within the City.
The properties (see attached location map) associated with the privately and city
initiated FLUM and rezoning have a mixture of business and professional offices, retail,
automotive sales, and automotive repair uses and consist of 23.20 acres. The
applicant for the privately initiated portion proposes to redevelop the existing site of an
auto dealership. The City initiated portion of this action is to extend the area under
consideration to be contiguous with the CBD district
This Future Land Use Map Amendment is being processed pursuant to the twice a year
statutory limits for consideration of plan amendments (F .S. 163.3187) as part of
Comprehensive Plan Amendment 2006-01.
lOR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of land Use
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written
materials submitted by the applicant, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or deny the development
application. These findings relate to the Future land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the land Development
Regulations.
Future land Use Map: The resulting use of land or structures must be allowed in
the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future land
Use Map.
The City has not received a development proposal for either the privately or City
initiated portions of the area. Therefore, compliance with the Future Land Use Map will
need to be considered on a case-by-case basis when individual development proposals
Planning and Zoning Board Staff Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 2
are submitted within this area. It is noted that the applicant has indicated that a mixed-
use project is being considered for the O.C. Taylor property that will consist of 30,000
square feet of commercial floor area and 95 residential units on the 3.1885 acre parcel.
This development would have a density of 30 dwelling units per acre, which is
considered an allowed use in the CBO zoning district.
The remaining required findings of LOR Section 3.1.1, Concurrency, Comprehensive
Plan Consistency and Compliance with the land Development Regulations are
discussed below.
Future land Use Element Policv A-1. 7: Amendments to the Future land Use Map
(FlUM) must be based upon the findings listed below, and must be supported by
data and analysis that demonstrate compliance with these findings:
o Demonstrated Need -- That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FlUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, annexation into the municipal
boundaries, or similar circumstances. The need must be supported by data
and analysis verifying the changing demographics or other circumstances.
This requirement shall not apply to requests for the FlUM designations of
Conservation or Recreation and Open Space; nor shall it apply to FlUM
changes associated with annexations when the City's advisory FlUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FlUM amendments.
The subject property is located within the North Federal Highway Corridor, which is
designated as a blighted area per the Comprehensive Plan. Pursuant to the
Comprehensive Plan these areas shall receive special attention and assistance with
renewal. The North Federal Highway Redevelopment Plan indicates that the areas
south of George Bush Boulevard should be evaluated for a FLUM change to
Commercial Core and zoning change to CBO.
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 Staff Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 3
. Direct smaller business operations to more concentrated areas;
. Provide economic stimulation and investment in the area;
. Creation of jobs;
. Stabilize and preserve the residential neighborhoods through new development,
beautification, redevelopment, and the elimination of blight;
. Eliminate slum and blight through acquisition of properties.
The applicant of the privately initiated FLUM and rezoning has submitted the following
narrative in support of the proposed changes:
"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
Planning and Zoning Board Staff Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 4
constructed in 1991, the only other redevelopment activity to occur has been the Publix
complex (completed in 2001). As this area serves as the gateway to the downtown,
special attention to this area is needed. The proposed FLUM amendment and rezoning
will facilitate the elimination of the inappropriate land uses and expedite redevelopment.
Since this Comprehensive Plan policy is furthered by the proposed FLUM amendment,
a positive finding can be made with respect to fulfilling a demonstrated need.
o Consistency -- The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan.
As stated above, the proposal is consistent with the goals, objectives and policies of
the City's Comprehensive Plan as it relates to Future Land Use Element Policy C-
1.4. In addition to the above, the proposed amendment is consistent with following
applicable Goals, Objectives and Policies of the adopted Comprehensive Plan:
Future Land Use Element Objective A-2 To reduce, and eventually eliminate,
uses which are inconsistent with the character of the City of Delray Beach, or which
are inconsistent with predominant adjacent land uses, and to ensure compatibility of
future development....
The proposed designation will promote the elimination of the existing auto
dealership and redevelopment of the properties which will be consistent with and
complementary to existing and future development envisioned for the area.
Future Land Use Element Policy A-1.2 - Zoning changes which would result in
strip commercial development shall be avoided. Where strip commercial
developments or zoning currently exists along an arterial street, consideration
should be given to increasing the depth of the commercial zoning in order to provide
for better project design.
The proposed rezoning to CBO will encourage the development of mixed use and
residential projects by increasing the allowed density.
Housing Element Policv 8-2.6 Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to
help stimulate demand for new housing in and around the Central Business District,
the development of new rental housing projects outside of the TCEA, N. Federal
Highway, and Lindell/Federal Highway area (formally Redevelopment area #6) is
discouraged.
The proposed FLUM amendment will facilitate redevelopment to accommodate
housing in close proximity to employment opportunities and services in the
downtown and along North Federal Highway.
o Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
Planning and Zoning Board Staff Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 5
The non-residential development potential of the subject properties are essentially
the same under both the GC and CC FLUM designations. The proposed zoning
change to CBD will result in a slight reduction in the intensity of development versus
the GC zoning district given the more restrictive setback requirement.
City facilities such as water, sewer, and drainage have sufficient capacity to
accommodate development of this area at the potential development intensity
allowed under the proposed CC FLUM designation. Similarly, solid waste can be
accommodated by existing County facilities. With regard to traffic, trips generated
under both the existing GC and proposed CC FLUM designations will accommodate
the same intensity. The residential density increase from 12 units per acre to a
maximum of 30 units per acre is exempt from Palm Beach County Traffic
Performance Standards Ordinance, given the properties are located east of 1-95.
The Open Space and Recreation Element of the Comprehensive Plan states in its
conclusion that "The City will have sufficient recreation facilities at build-out to meet
the adopted standards". A park impact fee is collected to offset any impacts that
individual projects may have on the City's recreational facilities. Pursuant to LOR
Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to
issuance of a building permit for each residential unit. The School Concurrency
Application and Service Provider Form has been transmitted to the School District of
Palm Beach County. No problems are anticipated with obtaining a finding of
concurrency from the School District.
Thus, positive findings can be made at this time with regard to concurrency for all
services and facilities.
o Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The requested CC FLUM designation will be compatible with existing and future
land uses of the surrounding area and is an extension of the existing downtown
designations along the North Federal Highway corridor as was directed by the
Comprehensive Plan and the North Federal Highway Redevelopment Plan. As
previously stated the FLUM amendment and rezoning for these properties generally
involve the change in zoning from one commercial zoning designation to another
with the same commercial development potential. The additional residential density
will provide an incentive for redevelopment and ultimate revitalization of this area.
The proposal does not expand the commercial boundaries from those that currently
exist.
Based upon the above, the proposed FLUM amendment and Rezoning to CBD are
compatible with the existing and future land uses of the surrounding area, and a
positive finding with respect to compatibility can be made.
o Compliance -- Development under the requested designation will comply with
the provisions and requirements of the land Development Regulations.
Planning and Zoning Board Staff Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 6
As noted previously, a development proposal has not been submitted with the
proposed FLUM and rezoning request. Future redevelopment of the land will occur
in accordance with the City's Land Development Regulations during the site plan
review process. Given the above, a positive finding with respect to compliance with
the Land Development Regulations can be made.
REQUIRED FINDINGS (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to approval of development
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written
materials submitted by the applicant, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or deny the development
application. These findings relate to the Future land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the land Development
Regulations.
Future land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of
this report. Compliance with the land Development Regulations with respect to
Standards for Rezoning Actions and Rezoning Findings are discussed below.
Section 3.2.2 (Standards for Rezoning Actions): Standards A, B, and E are not
applicable. The applicable performance standards of Section 3.2.2 are as
follows:
C) Zoning changes that would result in strip commercial development shall be
avoided. Where strip commercial zoning developments or zoning currently
exists along an arterial street, consideration should be given to increasing
the depth of the commercial zoning in order to provide for better project
design.
The proposed rezoning from GC to CBD would not create a situation that would
dictate the development of strip commercial development. The Downtown
Design Guidelines that apply to the CBD zoning district prevent the development
of strip commercial development by requiring that buildings be located toward
the front of a property and that parking areas would be located behind the
buildings.
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed;
or that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
Planning and Zoning Board Staff Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 7
The following zoning designations and uses border the area:
Direction
Zoninq
Uses
North
West
South
East
GC
RO (Residential Office)
CBD
RM & CF
Parking lot (under construction)
Residential and offices
Offices and retail
Residential & Commercial
The proposed rezoning is compatible with the adjacent land uses and consistent
with the development pattern along Federal Highway. Further, the CBD zoning
district contains development regulations that address the compatibility with less
intensive zoning districts.
Section 2.4.5{D){5) (Rezonina Findinas):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter
Three, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the current
zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future land Use Map and that it is more appropriate for the property based
upon circumstances particular to the site and/or neighborhood.
As noted previously, the proposed modifications were suggested in the Comprehensive
Plan and North Federal Highway Redevelopment Plan. This area was designated as a
blighted area. The GC zoning district is of similar intensity as the CBD with respect to
commercial development. The increase in the residential density will encourage
redevelopment within the area and the revitalization of North Federal Highway.
However, the GC zoning designation has not been of sufficient density to stimulate the
desired redevelopment of this area. Therefore, a finding can be made the rezoning
fulfills subsections "b" and "c."
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the land Development Regulations shall specifically be
addressed by the body taking final action on the development proposal.
No formal development application has been submitted for the subject property.
Compliance with the Land Development Regulations will be reviewed when a
development is submitted. There are no problems anticipated with the ability to comply
with development standards regulations.
Planning and Zoning Board Staff Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 8
The property is not in an area that requires review by the DDA (Downtown Development
Authority).
Community Redevelopment Aaency (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 Oelray
Palm Trail
Presidents Council
The proposed amendments were anticipated by the Comprehensive Plan and North
Federal Highway Redevelopment Plan in order to stimulate redevelopment of this
blighted area. The proposed amendments will change the designations from one
commercial designation to another commercial designation. The increased intensity of
the residential density can be accommodated by the existing infrastructure. Positive
findings can be made with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LOR Section 3.1.1 (Required
Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive
findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings).
Therefore, the proposed FLUM amendment and Rezoning can be recommended for
approval based on the findings outlined in this report.
A. Postpone with direction.
B. Recommend to the City Commission approval of the FLUM Amendment and
Rezoning for the subject properties, by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is
consistent with the Future Land Use Element Policy A-1.7 of the Comprehensive
Planning and Zoning Board Staff Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 9
Plan (FLUM Amendment Findings), LOR Section 2.4.5.(0)(5) (Rezoning
Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards
for Rezoning Actions), and the Goals, Objectives, and Policies of the
Comprehensive Plan; or
C. Recommend denial of the FLUM Amendment and Rezoning by adopting the
findings of fact and law contained in the staff report, and finding that the request
is inconsistent with Future Land Use Element Policy A-1.7 of the Comprehensive
Plan (FLUM Amendment Findings), LOR Section 2.4.5(0)(5) (Rezoning
Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards
for Rezoning Actions) and the Goals, Objective, and Policies of the
Comprehensive Plan.
Recommend to the City Commission approval of the proposed FLUM Amendment from
GC (General Commercial) to CC (Commercial Core), and the Rezoning from GC
(General Commercial) and AC (Automotive Commercial) to CBO (Central Business
District), for properties located between NE 4th Street and George Bush Boulevard and
extending from the FEC Railroad to approximately % block east of NE 6th Avenue, by
adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with Future Land Use Element Policy A-1.7
of the Comprehensive Plan (FLUM Amendment Findings), LOR Section 2.4.5.(0)(5)
(Rezoning Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2
(Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the
Comprehensive Plan.
Attachments:
. Proposed Future Land Use Map
. Zoning Map
. Location Map
Report prepared by: Scott Pape. Senior Planner
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FUTURE LAND USE MAP AMENDMENT
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ImIPROPOSED FUTURE LAND USE MAP DESIGNATION: CC (COMMERCIAL CORE)
-- DIGITAL BASE MAP SYSTEM --
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CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #2
Congress Avenue Corridor
FLUM Amendment Staff Report
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FUTURE LAND USE MAP AMENDMENT
- CONGRESS AVENUE CORRIDOR-
rx'X':I PROPOSED FUTURE LAND USE MAP DESIGNATION
~ CMU (CONGRESS AVENUE MIXED USE)
CITY OF DELRA Y BEACH. Fl
PLANNING &: ZONING DEP ARThlENT
MAP REF: UA952A
-- DIGITAL BASE MAP SYSTEM --
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
July 17, 2006
IV.B.2.b.
A City initiated Future Land Use Map (FLUM) Amendment from CMR (Commerce), TRN
(Transitional), CF (Community Facilities) and GC (General Commercial) to CMU (Congress
Avenue Mixed Use) for properties generally located south of West Atlantic Avenue between
Congress Avenue and 1-95 south to the City limits including Office Depot, Congress Park,
and Congress Park South made up of 63 parcels totaling 225.50 acres.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Ownerl Applicant.........................
Agent......................................... .
Location..................................... .
Property Size..............................
Existing Future Land Use Map
Designations. . .. .. .. . . .. . . . . .. .. ......
City of Delray Beach
City of Delray Beach
Between Congress Avenue and
1-95 south to the City Limits
including the Office Depot,
Congress Park, and Congress
Park south sites.
225.50 aces,
CMR( Commerce), TRN(Transition
al) CF(Community Facilities), and
GC (General Commercial)
Proposed City Future Land Use Map CMU (Congress Avenue Mixed
Designation......... ....... ......... Use)
Existing City Zoning...............
Proposed City Zoning.................
Adjacent Zoning............... .North:
East:
South:
West:
Existing Land Use......................
Proposed Land Use....................
Water Service. ...... ........ ....... .......
Sewer Service.. ........ ....... ....... .....
MIC (Mixed Industrial and
Commercial) CF (Community
Facilities) , PC (Planned
Commercial) , PCC (Planned
Commerce Center) and POC
(Planned Office Center)
No Change at this time
City MIC (Mixed Industrial and
Commercial) and GC (General
Commercial)
CD (Conservation District and 1-95
Boca - Mixed Use District
OSR (Open Space and
Recreational), OS (Open Space)
and RM (Residential Medium
Density) and R-1A ( Highlands
Subdivision)
Office and Commercial corridor.
Mixed use including office,
commercial and residential.
Water service is available from
various mains in the corridor
Sewer service is available from
various mains in the corridor
IV.B.2.b.
The action before the Board is that of making a recommendation to the City Commission on the
following Future Land Use Map Amendments from CMR (Commerce), TRN (Transitional)
CF (Community Facilities) and GC (General Commercial) to CMU (Congress Avenue Mixed Use
district) for properties generally located south of West Atlantic Avenue between Congress
Avenue and 1-95 south to the City Limits including the Office Depot, Congress Park, and
Congress Park South office complexes. The Future Land Use Map Amendments involve 63
parcels totaling approximately 225.50 acres.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to FLUM
Amendments of any property within the City.
The proposal involves 63 parcels, which are located within the Congress Avenue corridor
development area. Some of the lots are vacant while others contain general office uses,
governmental office uses, industrial type uses, and commercial uses.
A City-initiated Comprehensive Plan amendment establishing the Congress Avenue Mixed Use
Land Use category is being processed concurrently. The amendment creates the new mixed
use land use category which encourages mixed use, and identifies and establishes maximum
thresholds for each type of use.
The primary function of the category is to attract Class A office development and to that end
100% of the site designated mixed use can be developed with office and research and
development type uses. General retail uses including direct support services and other retail
uses would be limited to 25% of the overall building square footage. Multifamily development
up to a maximum density of 40 units per acre, and 50 units per acre within 2500 feet of the Tri
Rail station are proposed. These would be limited to a maximum of 70% and 75% of building
square footage respectfully. A minimum of 20% of these residential units are to be workforce
housing units, are to moderately priced units, and are subject to LDR Section 4.7.. Buildings
heights of a maximum of 85 feet in height are allowed. All floors above 60 feet are required to
have facades offset and varied.
This mixed use Future Land Use Map designation is being applied to properties bounded by
West Atlantic Avenue on the north, the C-15 canal to the south, 1-95 transportation corridor on
the east and generally Congress Avenue on the west together with the Congress Park,
Congress Park South and the Office Depot complexes, located just west of Congress Avenue.
Concurrently a mixed use zoning category is being created and will be applied to the properties
in the upcoming months.
This Future Land Use Map Amendment is being processed pursuant to the twice a year
statutory limits for consideration of plan amendments (F.S. 163.3187) as part of the City's
Comprehensive Plan Amendment 2006-01.
Planning and Zoning Board Staff Report - July 17, 2006
Congress Avenue Properties - eMU FLUM Amendment
REQUIRED FINDINGS:
lOR (CHAPTER 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of land Use
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, written materials
submitted by the applicant, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development application. These
findings relate to the Future land Use Map, Concurrency, Comprehensive Plan
Consistency, and Compliance with the land Development Regulations.
Future land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future land Use Map.
A new zoning district is being created which will be consistent with the mixed use category as
well as policies of the Comprehensive Plan which call for the creation of an overlay district for
the Congress Avenue Corridor to facilitate and encourage development of Class A Corporate
office space. The amendments also implement Comprehensive Plan Land Use Element and
Housing Element policies which encourage provision of diverse housing opportunities Le.
workforce housing, and transit orientated housing through innovative development practices.
The amendments also implement the adopted Florida Public Officials Design Institutes report
recommendations to establish a corridor overlay district to encourage mixed use development
with commercial or office on the ground floor and residential above utilizing new urbanism
design elements.
The proposed FLUM amendment will assign a Future Land Use Map designation of CMU
(Congress Avenue Mixed Use) to properties in the corridor. A proposed new zoning district
MROC (Mixed Residential, Office and Commercial) District will be created consistent with the
CMU land use designation.
Based upon the above, a positive finding with respect to Future Land Use Map consistency can
be made. The remaining required findings of LOR Section 3.1.1, Concurrency,
Comprehensive Plan Consistency and Compliance with the Land Development
Regulations are discussed below.
Future Land Use Element Policy A-1.7: Amendments to the Future land Use Map (FlUM)
must be based upon the findings listed below, and must be supported by data and
analysis that demonstrate compliance with these findings:
o Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need must
be supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
2
Planning and Zoning Board Staff Report - July 17,2006
Congress Avenue Properties - CMU FLUM Amendment
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
This amendment furthers the polices in the Comprehensive Plan which call for the creation of an
overlay district for the Congress Avenue Corridor to facilitate and encourage development of
Class A Corporate office space (Future Land Use Element Policy A1.9). The amendment
also implements Comprehensive Plan Future Land Use Element Objective A-5 which
encourage creation of mixed use developments and Housing Element policies that encourage
providing diverse housing opportunities i.e. workforce housing, and transit orientated housing
through innovative development practices.
Future Land Use Element Objective A-5 The City shall maintain its Land Development
Regulations, which shall be regularly reviewed and updated, to provide streamlining
of processes and to accommodate planned unit developments (PUD), mixed-use
developments, and other innovative development practices.
This amendment involves the application of a newly created mixed use category which
promotes a mixed of office, support commercial, and a diversity of housing within the
Congress Avenue corridor.
Future Land Use Element Policy A-1.9 The City shall create an overlay district for the
Congress Avenue Corridor and the Land Development Regulations shall be modified
to facilitate and encourage the development of Class A corporate offices within the
district.
While this is not an overlay district it accomplishes the same goals i.e. introducing mixed use
development potential to the corridor. The creation of a mixed use land use map category is a
much cleaner way to achieve this goal.
Future Land Use Element Objective A-7 To encourage the provIsion of workforce
housing in the City, the following policies shall be implemented.
Housina Element Objective B-2 Redevelopment and the development of new land
shall result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet the
housing needs identified in this Element. Policies which will implement this objective
include:
The introduction of housing options to this corridor presents a great option to provide a variety
of housing types with an emphasis on workforce and transit oriented housing.
This amendment also implements the aaopted Florida Public Officials Design Institutes report
recommendations to establish a corridor overlay district to encourage mixed use development
with commercial or office on the ground floor and residential above utilizing new urbanism
design elements.
D Consistency -- The requested designation is consistent with the goals, objectives
and policies of the most recently adopted Comprehensive Plan.
As noted above it is not only consistent with, but directly implements certain policies.
The following additional applicable Comprehensive Plan objective and policy is noted:
3
Planning and Zoning Board Staff Report - July 17, 2006
Congress Avenue Properties - CMU FLUM Amendment
Future Land Use Element Obiective A-1: Properly shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject properties contain general office uses, governmental office uses, industrial type
uses, commercial uses and vacant land. Redevelopment of these properties will occur in a
manner which is compatible with the prevailing commercial corridor. Redevelopment will also
fulfill remaining land use needs i.e. Class A office space along with a diversity of housing
including a transit orientated and workforce housing component. This redevelopment will also
support development of mix of commercial and research and development type uses which are
identified within the Comprehensive plan as the most needed in the City as we approach build
out (Future Land Use Element Policy A1.3).
o Concurrency -- Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FLUM designation from CMR (Commerce), TRN
(Transitional) CF (Community Facilities) and GC (General Commercial) to CMU (Congress
Avenue Mixed Use district) on parcels, which total approximately 225 acres. The proposed
FLUM Amendment will result in an increased impact on adopted concurrency standards.
Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic and
Water and Sewer are discussed below:
Water and Sewer: Water and Sewer service is available to all properties in the corridor many
from existing mains. With any development of these parcels, installation of water and sewer
mains, fire hydrants, and drainage improvements must be accommodated. The location of these
improvements will depend upon site design layout of any proposed development(s).
The proposed FLUM Amendment to CMU will increase the demand on these public services;
however, adequate capacity exists to accommodate the proposal. Pursuant to the
Comprehensive Plan adequate water and sewer treatment capacity exists to meet the adopted
level of service standards at the City's build-out. Thus, a positive finding with respect to this
level of service standard can be made.
Traffic: Congress Avenue is classified as a County Principal Arterial Road. Congress Avenue
currently operates at Level of Service "B" from West Atlantic Avenue to the C-15 canal. With
individual developments a traffic study will be required and traffic concurrency must be met.
The City has requested a traffic study based upon the maximum potential density permitted for
each and every parcel within the proposed CMU designation. While the maximum development
of every parcel would appear improbable the information will be provided to DCA upon receipt.
Drainaae: Any development of the site will be required to retain drainage on-site in compliance
with South Florida Water Management District (SFWMD) requirements. There are no problems
anticipated complying with SFWMD requirements.
Parks and Recreation: The Open Space and Recreation Element of the Comprehensive Plan
indicate in its conclusion that "The City will have sufficient recreation facilities at build-out to
meet the adopted standards". A park impact fee is collected to offset any impacts that individual
projects may have on the City's recreational facilities. Pursuant to Land Development
Regulations (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.
4
Planning and Zoning Board Staff Report - July 17, 2006
Congress Avenue Properties - CMU FLUM Amendment
Schools: A finding of School Concurrency will be required from the School District of Palm
Beach County with future residential development within the .corridor. No concerns are noted at
this time.
Solid Waste. The Solid Waste Authority has indicated that its facilities have sufficient capacity to
handle all development proposals till the year 2021, thus a positive finding with respect to this
level of service standard can be made.
Thus, positive findings can be made at this time with regard to concurrency for all services and
facilities.
o Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The mixed use corridor currently contains a mix of commercial, industrial, and office uses. To
the east the corridor abuts Interstate 95, to the north and south other commercial! office uses
within the City of Delray and Boca Raton, ands to the west by a mix of open space (Golf Course
and Delray Oaks preserve) and medium density housing. The related zoning district which will
be applied to this land use category will promote Class A office and additional residential
development. The introduction of these uses will be more compatible than the uses currently
allowed. Internal compatibility between the mix of uses will be addressed through the master
plan process required in the new zoning district. Based upon the above, the proposed FLUM
designation is compatible with the existing and future land uses of the surrounding area, and a
positive finding with respect to compatibility can be made.
o Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
All future development within the mixed use corridor shall comply with the provisions and
requirements of the Land Development Regulations. Compliance with the Land Development
Regulations will be further addressed with review of the masterplan and site plan required by
the new zoning district regulations.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
Neighborhood Advisory Council
PROD
Presidents Council
Delray Oaks
Sabal Pines East
Crosswinds
Andover
Oakmont
Saba I Pines South
Public Notice:
Formal public notice has been provided to the affected property owners as well as property
owners within a 500' radius of the subject property. Letters Qf support and objection, if any, will
be presented at the Planning and Zoning Board meeting.
5
Planning and Zoning Board Staff Report - July 17, 2006
Congress Avenue Properties - CMU FLUM Amendment
This amendment furthers the polices in the Comprehensive Plan which call for the creation of an
overlay district for the Congress Avenue Corridor to facilitate and encourage development of
Class A Corporate office space (Future land Use Element Policy A1.9). The amendment
also implements Comprehensive Plan Future land Use Element Objective A-5 which
encourage creation of mixed use developments and Housing Element policies that encourage
providing diverse housing opportunities i.e. workforce housing, and transit orientated housing
through innovative development practices. The amendments also implement the adopted
Florida Public Officials Design Institutes report recommendations to establish a corridor overlay
district to encourage mixed use development with commercial or office on the ground floor and
residential above utilizing new urbanism design elements.
A. Postpone with direction.
B. Move to recommend to the City Commission approval of the proposed FLUM Amendments
from CMR (Commerce), TRN (Transitional), CF (Community Facilities) and GC (General
Commercial) to CMU (Congress Avenue Mixed Use District) for properties generally
located south of West Atlantic Avenue between Congress Avenue and 1-95 south to the
City Limits including the Office Depot, Congress Park, and Congress Park South office
complexes by adopting the findings of fact and law contained in the staff report, and finding
that the requests are consistent with the Goals, Objectives and Policies of the
Comprehensive Plan.
C. Move to recommend to the City Commission denial of the proposed FLUM Amendments
from CMR (Commerce), TRN (Transitional), CF (Community Facilities) and GC (General
Commercial) to CMU (Congress Avenue Mixed Use district) for properties generally located
south of West Atlantic Avenue between Congress Avenue and 1-95 south to the City Limits
including the Office Depot, Congress Park, and Congress Park South office complexes by
adopting the findings of fact and law contained in the staff report, and finding that the
requests are inconsistent with the Goals, Objectives and Policies of the Comprehensive
Plan.
Move to recommend to the City Commission approval of the proposed FLUM Amendments from
CMR (Commerce), TRN (Transitional), CF (Community Facilities) and GC (General
Commercial) to CMU (Congress Avenue Mixed Use district) for properties generally located
south of West Atlantic Avenue between Congress Avenue and 1-95 south to the City Limits
including the Office Depot, Congress Park, and Congress Park South office complexes by
adopting the findings of fact and law contained in the staff report, and finding that the requests
are consistent with the Goals, Objectives and Policies of the Comprehensive Plan.
Attachments:
Proposed Future Land Use Map
s:\planning & zoning\boards\p&z board\cogressmixeduseflum.doc
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CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #3
Bexley Park Area
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
June 17. 2006
IV.B.
A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5 (Medium
Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density
5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium
Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City) located on the south side of
133rd Road S, 60' west Barwick Road; and a City initiated Annexation (via Interlocal
Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future
Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm
Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and LD (Low
Density 0-5 du/ac) in part and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in
part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on
the west side of Barwick Road approximately 1,400' north of Lake Ida Road (see table
below).
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant........................ .
Agent......................................... .
Location..................................... .
Property Size..............................
Existing County Future Land Use
Map Designation ........................
City of Delray Beach.
City of Delray Beach.
approximately 1 ,400' north of Lake
Ida Road and to the west of
Barwick Road.
12.97 Acres, (3.18 voluntary
annexation and 9.79 via interlocal
agreement).
MR-5 (Medium Residential 0-5
du/ac)
Proposed City Future Land Use Map
Designation..... .......... ..........
Existing County Zoning...............
Proposed City Zoning.................
Adjacent Zoning................North:
East:
South:
West:
Existing Land Use......................
Proposed Land Use....................
Water Service.............................
Sewer Service.. ... ........ ..... ...........
LD in part, and MD in part.
AR (Agricultural Residential)
R-1-AAA in part, and RM-8 in part
City PRD (Planned Plan
Residential Development)
PRD (Planned Residential
Development), Sabal Lakes
Multiple Family Residential -
Medium Density (RM)
Open Space and Recreational
(OSR), Bexley Park
Two single family homes / 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
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IV.B.
The action before the Board is that of making a recommendation to the City Commission on
the following items:
. A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5
(Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD
(Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City)
located on the south side of 133rd Road S, 60' west Barwick Road approximately 1,400'
north of Lake Ida Road (see table below, PCN 42-46-12-00-000-3200).
. A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach
County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from
MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to
MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning
from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in
part and R-1-MA (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
Parcel 3 424612000003024 5.00 RM-8
Parcel 4 424612000003141 0.88 R-1-AAA
parcel 5 424612000003190 0.88 R-1-AAA
Sub-Total 9.79
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the 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 consists of a City owned parcel measuring 3.18 acres of land which is
located along the south side of 133rd Road S, and 9.79 acres of land making up two enclaves
which contains 4 parcels. The first enclave contains 3.03 acres located west of the City owned
parcel and the second enclave contains two parcels measuring 1.76 acres and located on the
west side of Barwick road; the other parcel measures 5.0 acres and is immediately to west of
these parcels on the south side of 133rd Road S (see attached map).
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 2
Parcel 1 (City Owned)
Sub-Total
Enclave 1
Parcel 2
Enclave 2
Parcel 3
Parcel 4
parcel 5
424612000003202
1
424612000003024
424612000003141
424612000003190
1
1
1
4
5.00
0.88
0.88
9.79
2
1
1
3
Sub-Total
The property is bound to the south by the LWDD L-31 Canal and the Country Manors
Condominium development. To the west is a public park Bexley Park and to the east is
Barwick Road and Sabal Lakes Residential Development; and to the north is the 25' right-of-
way of 133rd Road S, the Bexley Park planned residential development, and Barwick Ranch
Subdivision. The access to these parcels is currently via 133rd Road S and from Barwick Road
itself.
The subject property is under the jurisdiction of Palm Beach County but in a designated
annexation area for the City of Delray Beach. The property is located in the City's Planning
Area, known as Annexation Area "E" (the North Military Trail Area), as noted in the Future
Land Use Element Policy B-3.5 of the Comprehensive Plan. The City has an advisory land
use designation of LD (Low Density Residential 0-5 du/ac) that allows for residential
development with a density between zero and five units per acre. An application is now before
the Board regarding a combined City initiated voluntary annexation and annexation via
interlocal agreement of the subject properties.
Current Land Use Designation: 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 Designation: 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:
Designated 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 Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 3
land Use Analysis:
Consistency Between the City and County Land Use 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 Designations. Zoning Desianations and land Uses:
The following zoning designations and uses abut the subject property:
Zoning Designation
Use
North: Plan Residential Development (PRD) and Bexley Park Subdivision and Barwick
Single Family Residential (R-1-AA) Ranch Subdivision
South: Multiple Family Residential - Medium Country Manors Subdivision and
Density (RM) Canal L -31
East: Plan Residential Development (PRD) Sabal Lakes Residential Developoment
West: Open Space and Recreational (OSR) Bexlev Park
Allowable land Uses:
Under the proposed Medium Density Residential 5-12 du/ac (MD) in part, and Low Density
Residential 0-5 du/ac (LD) in part Land Use Map designation, residential zoning districts which
accommodate single family units (R-1 thru R-1-AAA) and multiple family units (RM) are
allowed. With the proposed zoning designation of R-1-AAA and RM-8 (limiting density
maximum to 8 units per acre) residential development compatible with the surrounding
residential patterns can be anticipated.
REQUIRED FINDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3:
Pursuant to 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 Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 4
the Future land Use Map (FlUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the land Development Regulations.
D 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.
D Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
Provision of Services: When annexation of property occurs, services are to be provided
in a manner which is consistent with services provided to other similar properties already in
the City (Future Land Use Element Policy B-3.1). The proposal involves amending the
FLUM designation from County MR-5 to City MD (Medium Density Residential) in part, and
LD (Low Density Residential) in part for the subject property. Concurrency findings with
respect to Parks and Recreation, Police, Solid Waste, Traffic and Water and Sewer are
discussed below:
Parks and Recreation: The City provides 127 acres of activity based recreation facilities
such as tennis, baseball, basket ball, soft ball and other similar sports. An additional 247
acres are considered resource based activities such as beaches and lakes for swimming,
boating, picnicking, hiking, and other activities excluding golf courses. Within recreation
areas, amenities and facilities are provided to meet the demand for leisure opportunities for
all segments of the community. The City of Delray Beach provides a ratio of eight (8)
acres of park and recreational facilities per 1,000 people while the current national ratio is 3
acres of park and recreational facilities per 1,000 people. This indicates that the City will
have sufficient recreation facilities to accommodate any additional increase in the number
of residents anticipated from future development of the subject property.
Police: This property is currently serviced by the Palm Beach County Sheriffs Office,
located at 345 South Congress, which serves the South County area. The subject property
lies within Sheriff patrol zone 4. Zone 4 is bordered by EI Clair Ranch Road on the west,
the Atlantic Ocean on the east, Boynton Beach City limit on the north, and Atlantic Avenue
to the south. One officer is assigned to a particular zone during a shift (three shifts per
day). Additional response can be obtained from "Cover Cars" which patrol throughout
zones randomly, depending on their availability in South County during that time.
The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square
mile area; and, as a consequence, significantly improved response time should be realized.
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 5
Annexation will not require additional manpower as the City patrols the area currently in the
city to the north, south, east, and west.
Fire and Emeraencv Services: The annexation of this property will not require additional
manpower. The municipal area is served by Fire Station No. 4 (Barwick & lake Ida
Roads). With annexation, the property will receive an improvement in response time from
the current 5.5 minutes of the County Fire Department (Indian Springs/Military Trail and
Woolbright Road) to approximately 3 minutes for the City's Fire Department (Fire Station
No.4 at Barwick and lake Ida Roads).
Water: Municipal water service is available via connection to a 12" water main located
along 133rd Roas Sand Barcwick Road. With future development of the vacant property
extensions will be required.
Sewer: Sewer service is available adjacent to the site via an existing 6" force main along
the south side of 133rd Road S. Sewage mains and a new lift station have been
constructed as part of the infrastructure improvements of "the Bexley Park" subdivision.
Sewer service exist for single family homes along Barwick Road. With future development
new connections and main extensions will be required. Pursuant to the Comprehensive
Plan, treatment capacity is available at the South Central County Waste Water Treatment
Plant for the City at build-out.
Streets: The subject property can be accessed via 133rd Road S and from Barwick Road.
133rd Road S and Barwick Road is under the jurisdiction of the City. With any future
development of the subject property proper public acces will be required.
Solid Waste: The future development of this property will continue to have minor solid
waste impact. The solid waste authority has indicated they have sufficient capacity exists
to service this area. The service provider will not change, as described later in this report.
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need must
be supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 6
The proposal is associated with the annexation of this unincorporated property and
requires changing the FLUM designation from County to City. The current County FLUM
designation is MR-5 and the current "advisory" designation is LD (Low Density Residential),
which allows single family residential developments. As the City's FLUM designation is
being applied the requirement to provide justification for the need does not apply. It is
noted that the proposed R-1-AM designation would allow the same density (0-5 du/ac) as
the one currently allow under the county designation of (MR-5). It is also noted that the
proposed MD (Medium Density Residential) being applied to the three most western
parcels will allow multiple family residential development (restricted to a maximum of 8
units per acre through zoning) which is compatible with the existing developments to the
north, south, and east Bexley Park, Country Manor Subdivision, and single family homes
respectively.
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property does not have any unique environmental characteristics that would
require mitigation measures. Under the LD FLUM designation, a range of 0 to 5 dulac is
allowed. Also, under the MD FLUM designation, a range of 5 to 12 dulac is allowed
(restricted to 8 units per acre through zoning). The requested zoning designations of RM-
8 and R-1-AM will be compatible with the adjacent development patterns.
Compatibilitv -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously, the requested FLUM designation of LD (Low Density Residential)
in part, and MD (Medium Density Residential) in part, and zoning of R-1-AM (Single
Family Residential) in part, and RM-8 (Residential Medium Density 8 du/ac) in part, will be
compatible with adjacent development patterns. Homeownership is a characteristic of
these designations. Consequently, compatibility with the abutting low density residential
properties to the east and north (Sabal Lakes and Barwick Ranch), as well as abutting
medium density residential properties to the south (Country Manor Subdivision) are
consistent with the proposed dsignation.
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Any future development of the subject property will be submitted to the site plan review
process and will be reviewed for compliance with the LDRs including compatibility with
adjacent uses.
Florida Statues GoverninQ Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 7
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or man made
obstacle that allows the passage of vehicular traffic to that unincorporated area only through
the municipality.
. The property is contiguous with the City and reasonably compact. With regard to
creation of an enclave, in order to access the property one must first travel through
the City. Thus, excluding the City owned 3.18-acre parcel (PCN 42-46-12-00-000-
3200) two enclaves would exist one 3,03 acres west of the city parcel and the
second 6.76 east of the city parcel for a total 9.79 acres. Each of the two enclaves
make up the balance of the property is under 10 acres and therefore eligible for
annexation via an interlocal agreement pursuant to F.S. 171.046.
Chapter 171.046, Florida Statutes (2004), provides for annexation of certain enclaves by
entering into an Interlocal Agreement between the Municipality and the County having
jurisdiction over such enclave.
land Development Reaulations Governina Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation. Excluding the City owned 3.18-
acre parcel (PCN 42-46-12-00-000-3200) two enclaves would exist one 3,03 acres west of the
city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each of the two
enclaves make up the balance of the property is under 10 acres and therefore are eligible for
annexation via an interlocal agreement pursuant to F.S. 171.046.
CONSISTENCY WITH THE CITY '5 COMPREHENSIVE PLAN:
Desianated annexation area: The territory to be annexed is located within the designated
annexation area "E" located on the east side of Military Trail north of Lake Ida Road.
Annexation of the subject territory is consistent with the Future Land Use Element Policy B-
3.5, which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise; and to address the annexation of improved property which lacks adequate
sewer and water facilities through the Palm Beach County Annexation Incentive Program. As
expressed previously, excluding the City owned 3.18-acre parcel (PCN 42-46-12-00-000-
3200) two enclaves would exist one 3,03 acres west of the city parcel and the second 6.76
east of the city parcel for a total 9.79 acres. Each of the two enclaves make up the balance of
the property is under 10 acres and therefore are eligible for annexation via an interlocal
agreement pursuant to F.S. 171.046.
CONCURRENCY:
Provision of Services: The provision of services to the subject property has been discussed
previously under the "Future Land Use Map Amendment Analysis" section of this report.
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 8
Financial Impacts:
Effect upon Annexed Property:
The following table depicts the current assessed value and total (County) taxes for the subject
property:
00424612000003200 714,675.00 13,617 .00 375.00 13,992.00 19.505361 16,956.14 $181.4423.725668 17,137.58 3,145.58
00424612000003202 331,847.00 6,323.00 415.00 6,738.00 19.505361 7,873.29 $181.44 23.725668 8,054.73 1,316.73
00424612000003024 280,558.00 5,346.00 408.00 5,754.00 19.505361 6,656.43 $181.44 23.725668 6,837.87 1,083.87
00424612000003141 223,950.00 4,267.00 276.00 4,543.00 19.505361 5,313.36 $181.44 23.725668 5,494.80 951.80
00424612000003190 167,312.00 3,188.00 276.00 3,464.00 19.505361 3,969.59 $181.44 23.725668 4,151.03 687.03
TOTAL $1,718,342.00 32,741.00 $1,750.00 $34,491.00 19.505361 $40,768.81 $907.2023.725668 $41,676.01 $7,185.01
* Currently City owned the values noted would result after change in ownership.
For the 2005 tax year the subject property had an assessed value of $1,718,342.00. With the
change from County to City jurisdiction, the following taxes and rates will be affected:
Fire/Rescue MSTU 5,325.14 3.19899 DELETE 0.00 0.000000
Palm Beach Coun Lib. 970.86 0.540301 DELETE 0.00 0.000000
Palm Beach CO.Lib.Debt 252.61 0.0404 DELETE 0.00 0.000000
Florida Inland Nave ation 66.15 0.0385 66.15 0.038500
Health Care District 1,855.81 1.099999 1,855.81 1 .099996
Palm Beach Coun 7,646.62 4.5 7,646.62 4.5
Palm Beach Coun Debt 462.58 0.26798 462.58 0.26798
Children Service Council 1,183.42 0.690201 1,183.42 0.690201
Public Schools Debt Servo 381 .47 0.274 381.47 0.274
Public Schools Loc.Board 4,560.48 2.547 4,560.48 2.594
Public Schools State Law 8,838.17 5.65 9,667.85 5.564
SFWMD District 1,025.85 0.597001 1,025.85 0.597001
SFWMD Ever lades Const. 171.84 0.09999 171.84 0.09999
Ci of Delra Beach 7.466100 12,829.31 7.466100
Ci of Delra Beach Debt 0.533900 917.42 0.533900
* Total tax millage in the county is 19.5443mills while in the city the total millage is 23.7256
mills. Therefore the difference is 4.181306 mills.
The current yearly ad valorem taxes are $32,741 with annexation the yearly ad valorem taxes
will be $40,768.81 (32,741+8,027.81=40,768.81); a tax difference of $8,027.81
(1,718,342x4.181306/1000=7,185.01). In addition to property taxes, the following Non Ad
Valorem fiscal responsibility will apply:
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 9
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the structures, buildings, parking areas, etc. If the property is developed
as a multiple family complex or is subdivided for residential purposes, an assessment of
$54.00 per unit would be applied. A 25% discount from the assessment is available since the
property is within the Lake Worth Drainage District. An additional 25% may be available if
drainage is retained on site. With the vacant properties, this assessment is not immediately
imposed. With the submittal of a future site plan, the storm water utility tax will be assessed.
Solid Waste Authority - The Barwick Road and Military Trail annexation areas are serviced
under a contract by Waste Management (pursuant to a contract awarded October 1, 2003).
City's contract is currently through Waste Management. Pursuant to Florida Statute 171.062
(4) (a) " if a party has an exclusive franchise which is in effect for at least six months prior to
the initiation of an annexation, the franchise may continue to provide such services to the
annexed area for five years or the remainder of the franchise term whichever is shorter".
Thus, the waste service provider will not change with annexation.
Resulting Impacts to Property Owners: (combined increase)
AD VALOREM TAXES 2005
City Mills. County Mills
23.72567 19.54436 =
NON AD VALOREM TAXES 2005
Stormwater Assessment
Solid Waste Collection
WATER & SEWER UTILITY FEES
ANNUAL FINANCIAL IMPACT:
+ $7,185.01
4.1813
$270.00
$211.20
$0.00
+ $7,666.21
Fire Response
+
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Ci .
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Ci .
Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 atroll cars durin the night.
Pro-active vs reactive opportunity to work
with ro e owners.
Emergency Medical
Services EMS
Police
+
+
Code Enforcement
+
Fiscal Impacts to the City: At the 2005/2006 City operating milage of 7.4661 mills and debt
rate of 0.5339 mills, the property will generate approximately $13,746.74 in new ad valorem
taxes per year. With future development, additional revenues will be realized through
increased assessment value, building permit fees, the annual collection of the storm water
assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on
electric, telephone, and cable.
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 10
AD VALOREM TAXES 2004
City of Delray Beach 7.4661 Mills $12,829.31
City of Delrav Beach Debt 0.5339 Mills $917 .42
SUB-TOTAL $13,746.74
NON-AD VALOREM TAXES
Storm Water Utility (1 Unit @ $54) $0.00
SUB-TOTAL $13,746.74
PARK AND RECREATION IMPACT FEE
$500 per unit $0.00
TOTAL $13,746.74
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LOR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
The proposed City zoning designation is R-1-AAA (Single Family Residential) in part, and RM-
8 (Medium Density Residential 8 du/ac) in part, while the current County zoning designation is
AR (Agricultural Residential).
The surrounding zoning designations are: City OSR (Open Space Recreational) to the west;
City PRO (Plan Residential Development) to the east; City PRO (Planned Residential
Development) and R-1-M to the north; and City RM (Multiple Family Residential - Medium
Density) to the south.
COMPREHENSIVE PLAN POLICIES:
Previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report.
REQUIRED FINDINGS: (Chapter 3)
Previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
CONSISTENCY: Compliance with the performance standards set forth in LOR Section
3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 11
Comprehensive Plan Policies: Consistency with the Comprehensive Plan was
previously discussed under the Future Land Use Map Amendment analysis section of
this report.
Section 3.2.2 (Standards for RezoninQ Actions): standard "A", "8", "C", and "E" are not
applicable with respect to this rezoning request. The applicable performance standards
of Section 3.2.2 are as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The proposed amendment to MD (Medium Density 5-12 du/ac) in part, LD (Low
Density 0-5 du/ac) in part, is compatible with the existing land use designations in
the adjacent developments and is being proposed concurrently with a request for
annexation and initial zoning of R-1-AAA (Single Family Residential) in part, and
RM-8 (Medium Density Residential 8 du/ac) in part. Residential developments and
single family homes are allowed as a permitted use within the RM-8 and R-1-AAA
District respectively. Given the adjacent development pattern it seems appropriate
to recommend a land use designation of MD (Medium Density 5-12 du/ac) in part,
LD (Low Density 0-5 du/ac) in part. Thus, compatibility with adjacent residential
developments is not a concern.
The following zoning designations and uses border the property:
Zoning Designation
Use
North: Plan Residential Development (PRD) and Bexley Park Subdivision and Barwick
Single Family Residential (R-1-M) Ranch Subdivision
South: Multiple Family Residential - Medium Country Manors Subdivision and
Density (RM) Canal L-31
East: Plan Residential Development (PRD) Sabal Lakes Residential Developoment
West: Open Space and Recreational (OSR) Bexley Park
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LOR Section 2.4.5(0) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the
rezoning fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
(a) That the zoning had previously been changed, or was originally established,
in error;
(b) That there has been a change in circumstances which make the current
zoning inappropriate; or
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 12
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
Items lib" and "c" are the basis for which the rezoning should be granted. The property is in the
unincorporated area of Palm Beach County. However, it is also within the City of Delray Beach
reserve annexation. The City, being the current owner of one of these parcels, is seeking
annexation of this property into the City, which requires that appropriate City zoning
designations be applied. The proposed amendment to MD (Medium Density 5-12 du/ac) in
part, LD (Low Density 0-5 du/ac) in part Land Use Map designation and RM-8 (Residential
Medium Density 0-8 du/ac) in part, and R-1-AAA (Single Family Residential) in part zoning are
deemed compatible with the existing land use designations and the adjacent development
pattern and zoning designations. Based upon the above, positive findings can be made with
respect to LDR Section 2.4.5(D) (5).
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On July 12, 2006, the Palm Beach County Planning Division was notified of the City's intent to
annex this property. Response has not yet been received.
Lake Worth DrainaQe District:
On July 12, 2006, Lake Worth Drainage District was notified of the City's intent to annex this
property. Response has not yet been received.
IPARC Notice:
Notice of the Future Land Use Amendment has also been provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Jerry Franciosa, PROD
o Carolyn Zimmerman, Presidents Council
o Gerald De Poe, Country Manor
o Bruce R. Shumer, Sabal Lakes
o Prime Management Group Inc., Sabal Lakes
o Sal Cherch, Barwick Ranch Estates
o Don Klein, Barwick Estates
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 13
Public Notice:
Formal public notice has been provided to property owners of the annexation parcels and
owners within a 500' radius of the subject property. Additional letters of support or objection, if
any, will be presented at the Planning and Zoning Board meeting.
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and. service area. The City's MD (Medium Density 5-
12 du/ac) in part, LD (Low Density 0-5 du/ac) in part, Land Use Map Designation is consistent
with the County's MR-5 designation in that it is compatible with the existing land use
designations and the adjacent development pattern. This Future Land Use Map designation is
being proposed concurrently with a request for initial zoning of RM-8 and R-1-AM District
which are also compatible with the surrounding development pattern.
The annexation will provide with better Police, Fire, EMS and Code Enforcement services.
The property will not experience a significant increase in ad valorem taxes. Upon development
of the property, park and recreation impact assessment fees will be imposed on any new
residential development.
The City will receive additional revenue from property taxes, in addition to storm water
assessment fees utility taxes, franchise fees, and licensing fees upon development. The total
immediate revenue increase is approximately $13,746.44, a year. Based upon the above, the
proposed Annexation, Future Land Use Map Amendment and associated Rezoning application
should be approved.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for:
. The City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5
(Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD
(Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City)
located on the south side of 133rd Road S, 60' west of Barwick Road approximately
1,400' north of Lake Ida Road (PCN 42-46-12-00-000-3200), and
. A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach
County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from
MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to
MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning
from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in
part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing
four parcels and a total of 9.79 acres of land located on the west side of Barwick Road
approximately 1,400' north of Lake Ida Road.
by adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets the
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 14
criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
C. Move a recommendation of denial to the City Commission for:
. The City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5
(Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD
(Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City)
located on the south side of 133rd Road S, 60' west of Barwick Road approximately
1 ,400' north of Lake Ida Road (PCN 42-46-12-00-000-3200), and
. A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach
County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from
MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to
MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning
from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in
part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing
four parcels and a total of 9.79 acres of land located on the west side of Barwick Road
approximately 1,400' north of Lake Ida Road,
and finding that the request is inconsistent with the Comprehensive Plan, and does not
meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
Move a recommendation of approval to the City Commission for:
. A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5
(Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD
(Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City)
located on the south side of 133rd Road S, 60' west of Barwick Road approximately
1,400' north of Lake Ida Road (see map attached) PCN 42-46-12-00-000-3200); and
. A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach
County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from
MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to
MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning
from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 dulac) 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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SUPPORT DOCUMENT #4
Depot Road Property
FLUM Amendment and Rezoning Staff Report
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
July 17, 2006
IV.B.2.e.
Future Land Use Map (FLUM) Amendment from Industrial (IND) to CMR
(Commerce) and Rezoning from Industrial (I) to MIC (Mixed Industrial and
Commercial) for a 8.8 acre parcel located along Depot Road north of the Old Train
Station, between the CSX Railway and 1-95.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant......................... Depot Industrial Center, LLC.
Agent.......................................... Charles Putman
Location...................................... Along Depot Avenue east of the
CSX Railroad Track, west of 1-95,
and to the north of the Old Train
Station.
Property Size.............................. 8.8 Acres
Existing Future Land Use Map
Designation ............................... Industrial (IND)
Proposed City Future Land Use
Map Designation......................... CMR (Commerce)
Existing City Zoning.................... Industrial (I)
Proposed City Zoning................. MIC (Mixed Industrial and
Commercial)
Adjacent Zoning................North: MIC (Mixed Industrial and
Commercial)
East: 1-95 Right-of-Way
South: MIC (Mixed Industrial and
Commercial)
West: MIC (Mixed Industrial and
Commercial)
Existing Land Use...................... Undeveloped
Proposed Land Use.................... Mixed-use - Office, Warehouse
and Residential (if text amendment
is approved)
Water Service............................. Water service is provided to the
site via an 6" water main, which is
located along the south side of the
property on Depot Avenue.
Sewer Service............................. Sewer service is provided via a
septic tank system. There are no
sewer mains located adjacent to
the property. Extensions to the
site along Depot Road will be
required with development of the
property.
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The action before the Board is that of making a recommendation to the City Commission on a
privately initiated Future Land Use Map (FLUM) Amendment from IND (Industrial) to CMR
(Commerce) and rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial), for a 8.8
acre property located along Depot Road, north of the Old Train Station, between the CSX
Railroad and 1-95.
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and rezoning of any property within the City.
The subject property includes Tract 1 and Tract 2 and Lots #1 through #5 of the Model Land
Company subdivision and contains 8.8 acres. The property has never been developed and is
currently vacant. With the Citywide Rezoning of October 1990, the subject property was
rezoned from MI (Medium Industrial) to I (Industrial).
Applications have been submitted for a FLUM amendment from IND (Industrial) to CMR
(Commerce) and a rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial). These
applications have been submitted with the purpose of establishing a project that will consist of
52,284 square feet of office area, 49,600 square feet of warehouse, and 300 multifamily/rental
apartments units with 25% of the units being Workforce Housing. This mixed-use project would
be allowed under the proposed MIC zoning (except for the 300 multifamily residential
component), but not under the current I (Industrial) zoning. While residential development is not
currently allowed within the existing I or the proposed MIC zoning district, the applicant is also
requesting that the residential component be allowed via the creation of a new overlay district
on this site. It is noted, however, that the applicant wishes to proceed with the FLUM
Amendment and Rezoning regardless, of whether or not the text amendment to allow the
residential component is approved.
The Future Land Use Map amendment for the subject property is included as part of
Comprehensive Plan Amendment 2006-1.
REQUIRED FINDINGS:
LOR {Chapter 3} PERFORMANCE STANDARDS:
Pursuant to LOR Section 3.1.1, prior to approval of development applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has the
authority to approve or deny the development application. These findings relate to the
Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance
with the Land Development Regulations.
Planning and Zoning Board Staff Report: July 17, 2006
Delray Depot - FLUM Amendment and Rezoning
Page 2
Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future Land Use Map.
The applicant proposes to develop a mixed-use project at this location, which includes a
residential component. Residential uses are neither a permitted nor a conditional use in the MIC
zoning district. This application is accompanied by a Comprehensive Plan text amendment
which would create a Workforce Housing Overlay District over this property and the adjacent
property to the south. Staff does not support the creation of this overlay district. If this text
amendment is not approved, the uses as proposed will not be consistent. However, as stated
earlier, the applicant wishes to proceed with the FLUM Amendment and Rezoning regardless of
whether or not the text amendment to allow the residential component is approved. Therefore,
for the purpose of this report, the applicant's proposed text amendment to allow residential uses
will be considered a separate issue. Since the proposed MIC (Mixed Industrial and Commercial)
zoning district is consistent with the proposed CMR (Commerce) FLUM designation, positive
findings can be made with respect to consistency.
The remaining required findings of LDR Section 3.1.1 (Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations) are discussed below.
The following Comprehensive Plan Policy applies to Future Land Use Map Amendments:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM)
must be based upon the findings listed below, and must be supported by data and
analysis that demonstrate compliance with these findings:
o Demonstrated Need - That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need
must be supported by data and analysis verifying the changing demographics or
other circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
When the Comprehensive Plan was originally adopted in 1989, it was determined that the CMR
(Commerce) designation was the most needed land use designation in the City.
Future Land Use Element Policy A-1.3 - The Commerce land use designation, which
involves a mix of light industrial, commercial uses and research and development, is the
most needed land use during the City's final stage of build-out. Thus, changes to the
Future Land Use Map, which diminish this land use, are discouraged.
Based on its location between 1-95 and the CSX railroad, the subject property was designated
IND (Industrial) and zoned I (Industrial). However, the property has not been developed under
the current designation and the applicant would like the additional flexibility that MIC zoning
affords. The primary difference between the I and the MIC zoning districts is the addition of
Planning and Zoning Board Staff Report: July 17,2006
Delray Depot - FLUM Amendment and Rezoning
Page 3
offices and retail trade as principal uses within the MIC district. The applicant proposes to
establish a project that will include 52,284 square feet of office area, 49,600 square feet of
warehouse, and 250-300 multifamily/rental apartments units on the subject property. As stated
earlier, a text amendment to the Comprehensive Plan to allow residential development at this
location has also been submitted. However, even if this text amendment is not approved, the
applicant still desires to change the FLUM designation of the property and rezone it to MIC.
Based on the need for the Commerce land use designation as stated in Future Land Use Policy
A-1.3, positive findings with respect to Future Land Use Element Policy A-1.7 can be made.
o Consistency - The requested designation is consistent with the goals, objectives
and policies of the most recently adopted Comprehensive Plan.
The proposal is consistent with the above policy as well as with the following Comprehensive
Plan Policy:
Future Land Use Element Policy A-2.3 - development of remaining vacant properties
shall occur in a manner which is consistent with and complimentary to adjacent
development regardless of zoning designations. This policy shall be implemented
through the review process associated with platting and site plans.
As previously stated, the owner of the property proposes to establish a project that will consists
of 52,284 square feet of office area, 49,600 square feet of warehouse, and 250-300
multifamily/rental apartments units on the subject property. Properties to the north, south and
west of the subject property are zoned MIC (Mixed Industrial and Commercial) and property to
the east, adjacent to the 1-95 right-of-way, is zoned OS (Open Space). With the exception of the
housing component, the proposed development is consistent with and complimentary to the
prevalent development pattern in the area, and thus, meets the requirements of the Future Land
Use Element Policy A-2.3 of the Comprehensive Plan. The proposed housing is not currently
allowed in the proposed FLUM designation and will be considered separately.
o Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves a FLUM amendment on a 8.8 acre parcel from I (Industrial) to CMR
(Commerce). Concurrency findings with respect to Parks and Recreation, Schools, Solid
Waste, Drainage, Water and Sewer and Traffic are discussed below:
Parks and Recreation:
The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its
conclusion that 'The City will have sufficient recreation facilities at build-out to meet the adopted
standards". A park impact fee is collected to offset any impacts projects may have on City
recreational facilities. Since residential development is not currently permitted at this location,
there are no impacts to parks and recreation. However, if the proposed text amendment is
approved and the applicant is able to construct housing units on the property, a park impact fee
of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit
for parks and recreation purposes.
Schools:
A finding of School Concurrency will be required from the School District of Palm Beach County
if residential development is ultimately approved on this site. No concerns are noted at this time.
Planning and Zoning Board Staff Report: July 17, 2006
Delray Depot - FLUM Amendment and Rezoning
Page 4
Solid Waste:
The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all
development proposals till the year 2021, thus a positive finding with respect to this level of
service standard can be made.
Drainaae:
Any development of the site will be required to retain drainage on-site in compliance with South
Florida Water Management District (SFWMD) requirements. There are no problems anticipated
complying with SFWMD requirements.
Traffic:
A traffic study has been submitted that indicates that the proposed development (with the
residential component) will generate 2,840 daily trips, 265 trips in the A.M. peak hour and 297
trips in the P.M. peak hour. A letter from the Palm Beach County Traffic Division indicating that
the proposed project meets concurrency with the Palm Beach County Traffic Performance
Standards Ordinance will be required. Development of the site without the residential
component may result in additional traffic. It is noted, however, that the maximum development
potential within the CMR (Commerce) FLUM designation and MIC zoning district is similar to
that within the IND (Industrial) FLUM designation and the PCC (Planned Commerce Center)
zoning district. With the exception of a higher potential for retail development in the MIC district,
the same land uses are permitted within the two zoning districts. The City has requested a
revised traffic study based upon the maximum development potential within the proposed FLUM
designation. This information will be provided to DCA upon receipt. Upon submittal of a site plan
for development of the property, a traffic study will be required and traffic concurrency must be
met.
Water and Sewer:
Water service is provided to the site via an 6" water main, which is located along the south side
of the property on Depot Road. Sewer service is provided via a septic tank system. The
drainage field is located along the south side of the property. Adequate fire suppression is
provided to the site via an existing fire hydrant along the southeast side of the property. The
Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet
the adopted LOS at the City's build-out population, based upon the current FLUM. Pursuant to
the Public Facilities Element Policy A-1.1, existing septic tanks located in sewered areas
throughout the City shall be removed from use as necessary pursuant to Florida Statutes.
Since there are no sewer mains located adjacent to the property, these lines must be extended
to serve the property when development occurs.
o Compatibility - The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The property is surrounded on the north, south and west by MIC zoned property and/or existing
industrial uses. The property to the east, adjacent to the 1-95 right-of-way, is zoned OS (Open
Space). Since the subject property is proposed to also be zoned MIC, there are no compatibility
issues with respect to the uses currently permitted within the zoning district. However, there is a
concern with respect to the applicant's proposal to include 250-300 residential units within the
project. Staff does not support the proposed text amendment, since residential development on
the subject property will present noise concerns due to the close proximity of the site to 1-95 and
Planning and Zoning Board Staff Report: July 17,2006
Delray Depot - FLUM Amendment and Rezoning
Page 5
the CSX railroad as well as compatibility issues regarding the surrounding Mixed Industrial and
Commercial development pattern.
o Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Although a site plan for the property has not been submitted, any future redevelopment of the
subject property will have to occur in accordance with the City's Land Development Regulations.
Based on the above, a positive finding with respect to compliance with the Land Development
Regulations can be made.
Future Land Use Map Consistency, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report. Compliance with the Land Development Regulations with respect to Standards for
Rezoning Actions and Rezoning Findings is discussed below.
CONSISTENCY: Compliance with the performance standards set forth in LOR Section
3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making a finding of overall
consistency.
LOR Section 3.2.2: Standards A, 8, C and E are not applicable. The applicable
performance standard of LOR Section 3.2.2 is as follows:
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The following zoning designations and uses border the property:
Zonina Desianation: . Use:
North MIC Vacant
South MIC Industrial
East OS and 1-95 Right-of-Way Open Space
West MIC Industrial
The proposed MIC zoning designation of the property is consistent with the prevalent
development pattern of the surrounding properties. As stated earlier, staff does not support the
test amendment to allow residential development in this location.
LOR Section 2.4.5(0) (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;
Planning and Zoning Board Staff Report: July 17, 2006
Delray Depot - FLUM Amendment and Rezoning
Page 6
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The applicant submitted a justification statement which states:
"The Industrial zoning category currently applicable to the property is primarily designed
to promote heavier industrial and industrial related uses. The MIC zoning also allows
many of those industrial uses but further provides the flexibility to do a mixed use project
containing not only industrial but retail, office, service and other similar uses as well.
Thus, an MIC designation on the subject site will not preclude heavier industrial
development but will allow a wider range of uses to be developed than is allowed under
the current zoning".
The proposed amendment to Commerce (CMR) Land Use Map designation and Mixed
Industrial and Commercial (MIC) zoning are deemed compatible with the existing land use
designations and the adjacent development pattern. The requested MIC zoning designation for
the subject property is the same as that for adjacent properties. The use of the property for
industrial, retail, and office purposes appears is consistent and compatible with the surrounding
land uses. Therefore, a finding with respect to LDR Section 2.4.5(D)(5) can be made that the
rezoning fulfills subsection "c".
The property is not in an area that requires review by the Community Redevelopment Agency
(CRA) or Downtown Development Authority (DDA).
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Neighborhood Advisory Council
o Progressive Residents of Delray (P.R.O.D.)
o Jerry Franciosa
o Carolyn Zimmerman
Letters of support or objection, if any, will be presented at the Planning and Zoning Board
meeting.
The proposed amendment will change the FLUM designation of the property from an Industrial
classification to a Commerce designation that will afford additional flexibility in development of
the property. In addition to industrial uses allowed under the I (Industrial) zoning district, the MIC
Planning and Zoning Board Staff Report: July 17, 2006
Delray Depot - FLUM Amendment and Rezoning
Page 7
(Mixed Industrial and Commercial) zoning district allows office and retail development. Positive
findings can be made with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings),
and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be
made with respect to LOR Section 2.4.5(D)(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), 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),
LOR Section 2.4.5(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR
Section 3.2.2 (Standards for Rezoning Actions) and the Goals, Objective, and Policies of the
Comprehensive Plan.
Move a recommendation of approval to the City Commission of the privately sponsored FLUM
Amendment from IND (Industrial) to CMR (Commerce) and rezoning from I (Industrial) to MIC
(Mixed Industrial and Commercial) for the subject property located along Depot Road, north of
the Old Train Station, between the CSX Railroad and 1-95, by adopting the findings of fact and
law contained in the staff report, and finding that the request and approval thereof is consistent
with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), LOR Section 2.4.5.(0)(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.
Staff Reporl Prepared by: Estelio Breto, Senior Planner
Attachments:
. Proposed Future Land Use Map, Proposed Zoning Map
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CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #5
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SUPPORT DOCUMENT #6
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51
1
CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #7
Capital Improvement Element
Existing Table CI-CIP, Five Year Capital Improvements Schedule For
Projects> $25,000
SD#7
TABLE CI-CIP
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> $25.000
RECREATION IMPACT FEE
Delray Swim & Tennis - Bathroom 97,800 0 0 0 0
Delray Swim & Tennis Center Parking Lot 10,900 206.000 0 0 0
NW 1 st Avenue Park 0 0 0 80,000 0
Oakmont Park Improvements 0 0 80,000 0 0
Miller Park Parking Lot Expansion 0 0 100,000 0 0
TOTALS: $108,700 $206,000 $180,000 $80,000 $0
BEAUTIFICATION TRUST FUND
Medians - Palm Trail 25,000 0 0 0 0
Congress Avenue 50,000
Computerized Irrigation System 25,000 50,000 50,000 50,000 0
Decorative Trash Containers 30,000 0 0 0 0
City Wide Tree Trimming - Equipment 0 0 133,000 0 0
TOTALS: $130,000 $50,000 $183,000 $50,000 $0
BEACH RESTORATION FUND
Surveys 36,130 37.575 39,078 40,640 42,265
Engineering 0 0 0 0 278,500
Beach Tilling 12,730 13.110 13,505 0 0
Sea Turtles Monitoring 38,750 38,750 20,000 20,000 20,000
Dune Revegetation 50,000 50,000 0 0 0
Update Geotech 0 0 0 0 150,000
TOTALS: $137,610 $139,435 $72,583 $60,640 $490,765
GENERAL CAPITAL IMPROVEMENTS
Streets, Alleys, Parking Lots, Bridges & Sidewalks
Street Resurfacing 250,000 250,000 125,000 150,000 175,000
SidewalkslSwaleslBikepaths 0 50,000 50,000 50,000 50,000
Homewood Blvd Bike Lanes Phase I 0 0 0 598,000 0
Sidewalks - Barwick Road 75.000 0 0 0 0
Sidewalks - Pineapple Grove 0 0 54,400 0 0
Downtown Parking Lots 0 0 0 0 184,000
Traffic Calming 0 103,000 103,000 103,000 103,000
FEC X-ing Rehab 70.000 48,000 50,000 53.000 56,000
FEC Quiet Zones 0 600,000 478,800 479.500 198,400
FEC - SE & NE 1 st St Sianal Rehab 350,000 0 0 0 0
Pedeslrial Countdown Sianals 0 30,000 0 0 0
Dixie Hiahway-US 1 Connector 0 99,000 0 0 0
Osceola Park 800,200 0 0 0 0
SW 2nd Av - SW 1 st St to W Atlantic Av 0 236,800 0 0 0
Bridge - Linton Blvd Tender House 183,400
SW 8th Avenue - SW 11th St to sw 10th St 144,900 0 0 0 0
SW 14th Alley Improvements 333.500 0 0 0 0
Parking Meter Replacements 130,000 0 0 0 0
NE 8th Avenue - North of Bond Way 0 56,900 0 0 0
E Atlantic Ave - Swinton Ave to NE 5th Ave Resurfacing 0 0 40,000 0 0
SW 1 st Av - SW 1 st St to W Atlantic Av 0 0 301,900 0 0
Block32 Alley 0 0 0 86.300 0
Building Construction/Rehabilitation
Fire-RescueIPolice Trainina Facility 0 50,000 0 0 0
Beautification
SEINE 5th Av & 6th Av - SE 1st St to NE 1st St Phase I 1,900,000 0 0 0 0
SEINE 5th Av & 6th Av - SE 4th St to SE 10th St 0 850,000 5,000,000 0 0
SEINE 5th Av & 6th Av - NE 4th St to George Bush Blvd 0 0 850,000 5,000.000 0
SR A 1A - E Atlantic to George Bush Blvd 500,000
SR A1A - Casuarina Rd to Atlantic Ave 500,000
W Atlantic Av - Ph IV - 12th Av to 10th Av 1,755.000 0 0 0 0
Atlantic Avenue Gateway Feature 295,600 0 0 0 0
SE 2nd St - S Swinton Av to FEC X-ing 0 0 0 268,000 0
Parks & Recreation Facilities
Veterans Park Facility 0 0 40,000 0 0
Tennis Center-Rehab Clay Courts 30,000 60.000 90,000 60,000 60,000
Tennis Center-Replace Stadium Seats 0 0 0 340.000 0
Tennis Center-Equipment Storage Enclosure 0 0 0 0 25,000
Pomoev Park Roof Replacement 325.000 0 0 0 0
Pomoev ParklCommunilv Center Bleachers 0 40.000 0 55,000 0
Intracoastal Park 1,159,040 0 0 0 0
Intracoastal Park - US 1 Turn Lane 109,300 0 0 0 0
Intracoastal Park - Wall 60,000 0 0 0 0
Parks-Replace Playground Equip - Miller 50,000 0 0 0 0
Parks-Parking Lots & Roadways 0 0 0 0 120,000
Merritt Park 0 0 45,000 0 0
Miller Park-Fence Replacement 0 0 131,000 0 0
Miller Park-Storaae Buildina 0 50,000 0 0 0
Miller Park-Bleacher Reolacement 0 0 0 70,000 0
CI-28
TABLE CloClP
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> $25.000
Community Center Gym Roof Replacement 180,000 0 0 0 0
Neighborhood Parks - SW 6th Street - Rosemont 72,900 0 0 0 0
Neighborhood Parks - La Hacienda 83,700 0 0 0 0
Office Expansion/Park Maintenance 0 0 5,000 80,000 0
Atlantic Dunes Boardwalk 0 0 0 0 300.000
Comell Museum Windows 0 0 141.000 0 0
Pocket Parks 0 0 0 0 100,000
Building & Equip. Renewal & Replacement
City Commission Chambers Modemization 115,000 106,000 0 0 0
Buildina Maintenance 85.000 100,000 150,000 150,000 150.000
Roof Reoair & Replacement 50,000 0 0 133,800 0
Other Repair & Maintenance - Recarpet N Wing City Hall 0 70,000 0 0 0
City Hall HVAC Unit 0 100,000 0 0 0
R&R-Computer Eauipment 90,000 90,000 150,000 150,000 150,000
Administrative Services - Postaae Machine Replacement 0 28.200 0 0 0
Finance/MIS - Network Backup Solution 27,000 0 0 0 0
Finance/MIS - Citrix Metaframe Farm License 50.000 50,000 110,000 21,000 0
Fire - Additional Parkina 0 120,000 0 0 0
Fire - MDT for FD Vehicles - Replacement 35.000 100,600 50,000 0 0
Fire - Space Allocation & Desian 0 0 42,000 0 0
Fire - Firehouse Software & Server 0 38,000 0 0 0
Fire - UDQrade Generator FD Headauarters 0 0 100,000 0 0
Police - Trainina Room Remodelina 0 0 0 75,000 0
Police - Fire Supression System 32,000 0 0 0 0
Police - Laser Shot Firearms Simulator 27,000 0 0 0 0
Police - Briefina Room Renodelina 0 0 0 0 32,500
Police - Generator Replacement 0 0 300,000 0 0
Police - Replacement Laptop Computers 0 30,000 152,200 152.200 152,200
Police - Space Study 0 0 25,000 0 0
Polict - Skid Car 0 0 45,000 0 0
Police - Omnitrak Latent Station 0 0 0 114.000 0
Police - Mobile Command Vehicle 0 0 0 0 189,000
Server Replacement 50,000 25,000 25.000 25,000 25,000
Replacement Intemal Building Data Cabling 0 400,000 0 0 0
San's Network Mirroring between City Hall & Police 0 0 260,000 240,000 0
Other Miscellaneous
Lifeguard Towers 0 119,900 0 0 0
Neighborhood Enhancement 428,000 250,000 200.000 200,000 200,000
Riverwalk Seawall 0 0 0 0 724.500
Parks - Exotic Species Replacement 0 0 0 110,000 118,100
Beach Pavilion at A 1 A & Atlantic Avenue 0 0 175,000 0 0
Parks - Mobile Stage 0 0 0 115.000 0
TOTALS: $10,346,540 $4,151,400 $9,289,300 $8,878,800 $3,112,700
WATER/SEWER NEW CAPITAL OUTLAY
SCRWTDB Pelletization Proiect 1,200,000 900.000 0 0 0
ESD Building Exoansion 2,930,900 0 0 0 0
Transfer Public Arts - ESD Building Expansion 41,000 0 0 0 0
SCRWTDB Centrifuge 750,000 0 0 0 0
New ESD Entrance 57,500 0 0 0 0
W Atlantic Ave Phase IV 86,900 0 0 0 0
Sludge Thickener-Additional 0 460,000 0 0 0
GneenbrierDriv~ewer 0 176,000 0 0 0
TOTALS: $5,066,300 $1,536,000 $0 $0 $0
WATER/SBNERCONNECTIONFEES
SCRWTDB Reclaimed Water Treatment Facility 2,425,000 1,325,000 0 0 0
Reclaimed Water Transmission System 2,540,000 2,125,000 2,230,000 1,175,000 1,375.000
TOTALS: $4,965,000 $3,450,000 $2,230,000 $1,175,000 $1,375,000
WATER/SBNER RENBNAL & REPLACEMENT FUND
0.5 mg Elevated Water Storage Tank 15,500 15,500 15.500 15,500 15,500
Water Main Leak Repairs 0 75,000 75.000 75.000 75,000
Lift Station Rehabilitation 50,000 75,000 75,000 75.000 75,000
Meters - Radio Read on the Beach 113.000 0 0 0 0
Manhole Rehabilitation 50,000 50,000 50,000 50.000 50,000
Water Main Rehabilitation 130,000 250.000 300,000 300,000 300,000
Sewer Main Rehabilitation 200,000 375,000 500,000 500.000 500,000
Production Well Rehab 120,000 100.000 100,000 100.000 100,000
New Vaccan Truck 150,000 0 0 0 0
Clarifier Rehabilitation 210,000 0 0 0 0
Water Main-SElNE 5th & 6th Av-SE 4th St to NE 4th St 15,000 150.000 0 0 0
Water Main-SR A1A-E Atlantic Av to Pelican Ln 625,000 0 0 0 0
Water Main-SR A1A-Casuarina Rd to E Atlantic Ave 402,500 0 0 0 0
Water Main-Palm Trail Neighborhood Ph II 0 605,500 0 0 0
Water Main-Osceola Park 500,000 0 0 0 0
CI-29
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> $25.000
Waklr Main-Lake Ida Area 0 350,000 0 0 0
Water Main-SeasagelMelaleucalOleander 100,000 0 0 0 0
Sanitary Sewer Realignment - Old School Square 149.500 0 0 0 0
Water Main-SW 3rc1 St, 3rd Av & 6th Av 0 621,000 0 0 0
Waklr Main-SE 5th & 6th Av-SE 4th St to SE 10th St 0 42,000 281,300 0 0
Waklr Main- SW 1 st Avenue & SW 4th Street 0 293,000 0 0 0
Water Main-Eldorado Lane & Sunshine Drive 0 0 247,300 0 0
Water Main-SElNE 5th & 6th Av - NE 4th St to Georae Bush Blvd 0 0 18,800 125,000 0
Water Main-NW 12th St & Grove Wav 0 0 682,900 0 0
Water Main-SE 1 st Av-SE 3rd St to E Atlantic Ave 0 0 323,500 0 0
Water Main-SW 11 th & SW 12th Avenue 0 0 323,500 0 0
Water Main-SW 10th Ave 0 0 0 233,600 0
Water Main- North Lake Ida Area 0 0 0 237,300 0
Water Main-Ocean Terrace & Coconut Row 0 0 0 183,300 0
Water Main-SW 15th Av 0 0 0 143,800 0
Water Main- NW 4th Av & NW 3rd Av 0 0 0 395,350 0
Water Main - Block 32 Alley 0 0 0 51,800 0
Water Main-NE 8th Avenue 0 0 0 0 304,000
Water Main-Delray Shores Neighborhood 0 0 0 0 1,239,800
Water Main - Seacrest Blvd - NE 8th Street Gulfstream Blvd 0 0 0 0 101,000
Wash Water Recovery Basin Piping 149,500 0 0 0 0
TOTALS: $2,980,000 $3,002,000 $2.992,800 $2,485,650 $2,760,300
MUNICIPAL GOLF COURSE
Other Machinerv & Equipment 60,000 60,000 60,000 70,000 75,000
Roof Replacement 390,000 0 0 0 0
TOTALS: $450,000 $60,000 $60,000 $70,000 $75,000
LAKEVIEW GOLF COURSE
Other Mach. & Equipment 0 0 0 0 25,000
TOTALS: $0 $0 $0 $0 $25,000
STORMWATER UTILITY
General Stormwater Repairs 47,900 52.500 52,500 52,500 52,500
Vac-Con Truck 100,000 0 0 0 0
Block 32 Alley 0 0 0 57.500 0
Osceola Park 264,600 0 0 0 0
SW 2nd Avenue - SW 1 st Street to W Atlantic Ave 40,000 0 0 0 0
Lake Ida Area 0 90.000 0 0 0
SeasagelMelaleucalOleander 600,900 0 0 0 0
Barwick Road 43,000 0 0 0 0
Block 64 Alley Improvements 143,800 0 0 0 0
NW 12th St and Grove Way 0 0 121,000 0 0
SE 2nd St - S Swinton Ave to FEC X-ing 0 0 172,500 0 0
SW 1 st Ave-SW 1 st St to W Atlantic Ave 0 0 198,500 0 0
Lawson & Homewood Roundabout 0 0 0 0 50,000
Seacrest Boulevard - NE 8th to Gulfstream Blvd 0 0 0 0 152.000
Thomas St Pump Station Modifications 0 175.000 0 0 0
Pump Station Rehab 0 300,000 300,000 300,000 250,000
Debt Service 53.550 53.508 53,836 54,071 54,215
TOTALS: $1,293,750 $671,008 $898,336 $464,071 $558,715
CENTRAL GARAGE FUND
Vehide Replacement 870,000 900,000 1,100,000 1,100,000 1,350,000
Vehicle Restoration 70,000 70,000 90,000 95,000 100.000
Fire-ALS Rescue Replace 203,500 213,600 224,300 235,500 247.200
Fire-Equipment Pumper Ladder Replacement 0 418,800 0 456,500 0
Fire-Special Operation Truck 380.400 0 0 0 0
TOTALS: $1,523,900 $1,602,400 $1,414,300 $1,887,000 $1,697,200
PARKS AND RECREATION BOND
Old School Square - Land 4,852.720 0 0 0 0
Old School Square - Parkina Structure 9,025,940 0 0 0 0
Old School Square - Other Improvements 150,000 0 0 0 0
Debt Service - Principal Payoff 0 3,000.000 0 0 0
TOTALS: $ 14,028,660.00 $ 3,000,000.00 $0 $0 $0
SPECIAL PROJECTS FUND
Public Arts Program 57,300 0 0 0 0
TOTALS: $ 57. 300.00 $0 $0 $0 $0
[Table Revised by Amendment 05-2]
CI-30
CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #8
Capital Improvement Element
Updated Table CI-CIP, Five Year Capital Improvements Schedule For
Projects> $25,000
SD#8
~~
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> 525,000
RECREATION IMPACT FEE
Delray Swim & Tennis Center Parking Lot 275,000 0 0 0
NW 1st Avenue Park 0 80,000 0 0 0
Oakmont Park Imorovements 0 80,000 0 0 0
TOTALS: $275,000 $160,000 $0 $0 $0
BEAUTIFICATION TRUST FUND
City Wide Tree Trimming - Equioment 0 132,710 0 0 0
Computerized Irrioation SYStem 50,000 50,000 50,000 50,000 0
Gennantown Road Beautification 75,000 0 0 0 0
Landscaoing East End of Atlantic Avenue 208,120 0 0 0 0
South Dixie City Entrance 30,000 0 0 0 0
TOTALS: $363,120 $182,710 $50,000 $50,000 $0
COMMUNITY DEVELOPMENT FUND
Shio Proaram-State Grant 599,910 0 0 0 0
CRA Easement Grant Proaram 108,000 0 0 0 0
Beacon Ctr - Village Proaram 853,620 0 0 0 0
P1annina Administration 117,440 0 0 0 0
Housing Rehab -Federal Grant 285,710 0 0 0 0
Miscellaneous Exoense 104,320 0 0 0 0
Grants and Aids - Federal Grant 89,990 0 0 0 0
Neighborhood Housina 265,580 0 0 0 0
Mango Drive/Reiale Dr-cavement 252,500 0 0 0 0
TOTALS $2,677,070 $0 $0 $0 $0
BEACH RESTORATION FUND
Beach Tillina 13,110 13,305 0 0 0
Dune Revegetation SO,OOO 0 0 0 0
Post Construction Survey 37,575 39,078 40,640 42,265 308,960
Enaineerina/Uodate Geotech 0 0 0 428,SOO 0
Final EngineerinalBid & Neaotiation 0 0 0 0 116,500
Sea Turtles Monitoring 38,7SO 20,000 20,000 20,000 20,000
TOTALS: $139,435 $72,383 $60,640 $490,765 $445,460
GENERAL CAPITAL IMPROVEMENTS
AlA Streetscape Project 1,000,000 0 0 0 0
Barwick Park - Resod 0 0 0 20,000 40,000
Block 32 Alley Improvements 0 0 131,700 0 0
City Hall-Expansion-new Info Tech Building 974,400 0 0 0 0
City Hall-North Wing & Chamber Improvements 672,000 0 0 0 0
Dixie Hwy-US 1 Connector-construction 135,000 0 0 0 0
Douglas Avenue-Roadway Construction 212,000 0 0 0 0
Downtown Parking Lots-resurface, re-stripe, landscape 0 0 0 0 247,000
East Atlantic Avenue - resurfacing 0 0 0 80,000 0
FEC - SE 1st Street Rehabilitation 84,100 0 0 0 0
FEC -Crossing Annual Rehabilitation Program 95,000 96,750 103,000 109,974 114,000
Finance/IT -Citrix Metaframe Farm Ucense Purchase 50.000 110,000 21,000 0 0
Finance/IT-Mobile Units-WIFI HotSpots 38,000 0 0 0 0
Finance/IT-Replace Internal Building Data Cabling 85,000 85,000 100,000 0 0
Finance/IT-Replacement of Computers & otr equip 100,000 100,000 100,000 1SO,OOO 150,000
Finance/IT -Server Replacement 25,000 25,000 25,000 25,000 25,000
Finance/IT-Storage Array Network City HalllPolice 0 260,000 0 0 0
Fire-Drafting Pit for pumper testing and training 0 35,000 0 0 0
Flre-Headquarters-Add'l Parking, land/paving 0 0 0 120,000 0
Fire-Headquarters-Qvrhead doorslwindows-Storm Hardening 215,000 0 0 0 0
Fire-Headquarters-Upgrd Generator-Design & Equip 0 0 15,000 250,000 0
Fire-Mobile Data Terminals New/RepI in1stline 112,SOO 52,SOO 0 112,500 112,SOO
Fire-Mobile Vehicular Radio Repeaters 50,000 SO,OOO 25,000 0 0
Fire-Rescue Facility - Replace Telephone System 0 0 100,000 0 0
Fire-Rescue Headquarters-space eval & remodeling 15,000 0 80,000 0 0
Flre-Site Plan & Design Depot Ave 0 50,000 0 0 0
Fire-Special Events Response Vehicle, new 0 25,000 0 0 0
Fire-Sprinkler & Alarm System -80 Depot Avenue 0 0 40,000 0 0
Fire-Sprinkler & Alarm System-New Garage Facility 0 0 25,000 0 0
Fire-Slation #1 Entry/Courtyard 0 0 0 0 301,500
Fire-Slation #4 Replacement 2,723,500 0 0 0 0
Fire-Stations #2,#3-Roaf Replacement 175,000 225,000 0 0 0
General Building Maintenance - City Facilities lSO,OOO 150,000 1SO,OOO 160,000 160,000
Homewood Blvd Bike Lanes-Ph 1 0 0 754,000 0 0
Lindell Blvd Traffic Calming 350,000 0 0 0
NE 8th Ave pavement - North of Bond Way 0 0 0 71,900 0
Neighborhood Enhancement 0 160,000 2SO,OOO 250,000 250,000
Old Gennantown Road-Sidewalks 0 220,000 0 0 0
Old School Square Window Replacement 245,000 458,SOO 108,SOO 0 0
Old School Square-Park Improvements 200,000 2,500,000 0 0 0
Parking Meters - New Meters 600,000 0 0 0 0
Parks-Atlantic Dunes Boardwalk Replace & Repair 230,000 0 0 0 0
Parks-Atlantic Dunes Park-Boardwalk Construction 0 0 0 100,000 0
Parks-Atlantic Dunes Park-Exotic Species Replacement I 0 128,100 0 0 0
Parks-Beach Pavilion replaced @ AlA & Atlantic Ave 0 0 0 0 200,000
Parks-Community CenterlPompey Prk-Replace Bleachers 0 0 0 105,000 0
Parks-Intracoastal Park, Ramp, prking lot, picnic area 2,606,000 0 0 0 0
Parks-Intracoastal Waterway-pocket prks, landscpe 0 0 0 50,000 SO,OOO
Parks-Maint Complex/Office Expand/Space 0 0 95,000 0 0
Parks-Merrill Park, curb, irrigate, sod, bleachers 0 0 50,000 0 0
CI-28
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> S25.000
Parks-Miller Park improvements/reconstruct 0 5,000,000 0 0 0
Parks-Pompey & Currie Parks - Press Box (2) 0 40,000 0 0 0
Parks-Pompey Park - Major League-repl oulfieldlinfield 130,000 0 0 0 0
Parks-Pompey Park - Shade Syslem 0 42,000 0 0 0
Parks-Teen Center Renovation 0 50,000 0 0 0
Pedestrian Countdown Signals 52,000 0 0 0 0
Pineapple Grove sidewalks paversllights install 0 108,600 0 0 0
Police Dept - 2nd Fir addition-outside Evidence Rm 0 0 0 300,000 0
Police Dept - Firearms Training Simulator 0 146,475 0 0 0
Police Dept - Generator Replacement 0 0 350,000 0 0
Pollee Dept. Mobile Data Browser Software 122,700 0 0 0 0
Police Dept - Omnitrak Latent work station equip 0 0 0 114,000 0
Police Dept - Records Vertical Carousel Filing Sys 44,340 0 0 0 0
Police Dept - Refurbish Police Parking Lot 0 0 100,000 0 0
Police Dept - Remodel Briefing Room 63,000 0 0 0 0
Police Dept - Remodel Training Room 0 0 110,000 0 0
Police Dept - Remove Wallpaper & Paint 0 65,650 0 0 0
Police Dept - Replace Laptop Computers 30,000 0 304,400 152,200 0
Police Dept - Skid Car lor driver training 0 45,000 0 0
Police Dept - Space Study 25,000 0 0 0 0
Police Dept - Voice and Web court Systems 0 60,050 0 0 0
Rainberry Woods Neighborhood Enhance Ph II 241,500 0 0 0 0
Replace steel light poles - East Allantic Avenue 0 0 80,000 40,000 40,000
Rlverwalk Seawall 0 0 0 0 621,495
Rosemont Park 120,000 0 0 0 0
SE & NE 5th & 6th Av Irm NE 4th SI. to Geo Bush Blvd 0 0 0 0 2,330,000
SE & NE 5th & 6th Av Irm SE 4th St to SE 10th St 0 0 2,330,000 0 0
SE & NE 5th & 6th Av-SE 4th St to NE 4th St 400,000 3,400,000 0 0 0
SE 2nd St - S Swinton Ave to FEC x~ng 0 0 348,500 0 0
Seacrest Blvd-NE 8th St - Gulfstream Blvd-Street Reconstruct 0 0 0 0 360,000
Sidewalks/Bikepaths-removal & replace 0 50,000 50,000 50,000 50,000
Street ResurfacelReconstruction-yrfy program 200,000 175,000 150,000 170,000 180,000
SW 14th Ave - SW 2nd st to SW 1st Street 460,500 0 0 0 0
SW 1st Ave - SW 1st St to W.ManllcAvenue 0 358,600 0 0 0
SW 2nd Ave - SW 1st St to W Allantic Ave 358,600 0 0 0 0
SW 8th Ave - SW 10th St to SW 11th St 165,000 0 0 0 0
Tennis Center-Clay Court Rehab 60,000 60,000 60,000 60,000 60,000
Tennis Center-Stadium Seat Replacemnt 0 0 0 340,000 0
Tennis Cntr-Equipmnt Storage Enclosure 0 0 0 25,000 0
Traffic Calming-annual program 0 105,000 144,000 173,000 230,000
Veterans Park Master Plan-rework usage 0 0 0 40,000 0
W At/antic Ave Ph III, IV -12th Av- 6th Av 0 1,600,000 0 0 0
W At/anile Ave-purchase litter containers 0 0 30,000 0 0
TOTALS: $13,615,140 $16,192,225 $6,255,100 $3,068,574 $5,521.495
WATER/SEWER NEW CAPITAL OUTLAY
Douglas Avenue - New sanitary sewer sYStem 85,000 0 0 0 0
ESD Compound - property line sceening/access road 152,250 0 0 0 0
Greenbrier Drive Sewer - new sanitary sewer system 0 200,000 0 0 0
Manao Drive/Reiale Drive. new sanitary sewer sYStem 35,000 0 0 0 0
Portable Generators 3 - fleet expansion 83,664 91164 76,164 0 0
SCRWTDB Pellelization Project 1,148,420 0 0 0 0
Sludge Thickener-new 0 532,875 0 0 0
Transfer Public Arts - ESD Building Expansion 2,250 7,875 0 0 0
Truck Acquisition 40,000 40,000 0 0 0
Well Flow Meters 63,000 0 0 0 0
Other Professional Services 45,000 45,000 45,000 45,000 45,000
Reclaimed Water Transmission SYStem 250,000 1,757,000 1,100,000 600,000 1,390,000
SCWTDB Reclaimed Water Treatment Facility 2,310,500
TOTALS: 54,215,084 $2,673,914 $1,221,164 $645,000 $1,435,000
WA TERlSEWER RENEWAL & REPLACEMENT FUND
Block 32 Water Main Improvements 0 0 77,500 0 0
Block 64 water Main Improvements 93,800 0 0 0 0
Clarifier Rehabilitation 250,000 0 0 0 0
Comouter Eauipment 26,900 0 0 0 0
Crestwood Drive Water Main Upgrade 116,500
Delrav Shores Neighborhood Water Main upgrades 0 0 0 0 1,537,400
Sdorado Lane & Sunshine Drive Waler Main uoorades 0 370,800 0 0 0
Elevated Water Storage Tank Maintenance 15,500 15,500 15,500 15,500 15,500
Lake Ida Area Water Main upgrades 390,000 0 0 0 0
Lift Station #11 Generator 25,040
Lift Station #4 Generator 25,040
Lift Stallon #6 Generator 25,040
Lift Stallon Rehabilitation 60,625 60,625 60,625 60,625 60,625
Lift Stallon Rehabilitation #34 38,000 0 0 0 0
Lowson Blvd. Force Main Replacement 310,000 0 0 0 0
Meters - Radio Read 113,000 0 0 0 0
NE 8th Avenue - NE 2nd Street to NE 5th Street 0 0 0 388,700 0
NE 8th Avenue - North to Bond Wav 0 0 0 83,500 0
North Lake Ida Area Water Main 0 0 0 308,400 0
North Repump Station Generator 66,480 0 0 0 0
NW 12th Sl & Grove Wav Water Main 0 685,900 0 0 0
NW 4th Av & NW 3rd Av Water Main 0 0 0 514,300 0
Ocean Terrace & Coconut Row 0 0 0 0 239,200
Owens Baker Truck piDine Modification 54,000 0 0 0 0
Palm Trail Neiohborhood Ph II 0 0 672 BOO 0 0
CI-29
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> $25,000
Production Well RehabilitaUon 100,000 100,000 100,000 100,000 100,000
Sanitary Sewer Manhole Rehabilitation 50,000 50,000 50,000 50,000 50,000
SE 1st Av-SE 3rd St to E Allantic Ave 0 323,500 0 0 0
SEINE 5th & 6th Av - NE 4th SI to Georoe Bush Blvd 0 0 0 0 336,500
SEINE 5th & 6th Av-SE 4th St to NE 4th St Water Main 23,000 150,000 0 0 0
SE 5th & 6th Av-SE 4th St to SE 10th St 0 0 336,500 0 0
Seacrest Blvd - NE 8th Street to Gulfstream Blvd 0 0 0 0 83,500
SeasaoelMelaleucalOleander 345,000 0 0 0 0
Sewer Main RehabilitaUon 375,000 500,000 500,000 500,000 500,000
SW 10th Avenue - SW 2nd St to W. Allantic Ave 0 0 0 303,600 0
SW 11th, 12th, 13th & 14th Avenue 0 0 0 808,750 0
SW 15th Av 0 0 0 186,900 0
SW 1 st Avenue & SW 4th Street 0 374,000 0 0 0
SW 3rd St, 3rd Av & 6th Av 0 702,000 0 0 0
Toro Lawn Mower- replacement 18,800 18,800 0 0 0
Wash Water Recoverv Basin Pioino 150,000 0 0 0 0
Water Main Leak Repairs 75,000 75,000 75,000 75,000 75,000
Water Main Up~rades - 1997 Water Main Upgrade Program 0 250,000 250,000 250,000 250,000
WTP - Stairwell & Deck Replacement 30,000 0 0 0 0
TOTALS: $2,n6.725 $3,676,125 $2,137,925 $3,645,275 $3,247,725
MUNICIPAL GOLF COURSE
Other Machinery & Equipment 53,000 60,000 60,000 60,000 60,000
Debt Service Bonds 414,303 413,950 413,927 409,553 409,213
Debt Service -Cart lease 36,000 36,000 36,000 36,000 36,000
TOTALS: $503,303 $509,950 $509,927 $505,553 $505,213
LAKEVIEW GOLF COURSE
Other Machinery & Equipment 0 325,000 0 0 0
Debt Service Bonds 249,860 250,024 244,470 223,720 220,141
Debt Service -Gartlease 31,610 31,610 31,610 31,610 31,610
TOTALS: $281,470 $606,634 $276,080 $255,330 $251,751
STORMWATER UTILITY
Barwick Road - Drainaoe SYStem 102,600 0 0 0 0
Block 32 Allev 0 0 86,000 0 0
Block 64 Alley Imorovements 253,750 0 0 0 0
Dixie Hwv - USl Connector 135,000 0 0 0 0
Dotteral Road - Drainaoe Improvement 0 0 0 0 86,000
General Storm Water Repairs 75,000 75,000 75,000 75,000 75,000
Manoo DrivelSW 7th Avenue 75,000 0 0 0 0
NE 8th Avenue - North of Bond Way 0 0 75,000 0 0
Rainberry Woods 356,500 0 0 0 0
SEINE 5th & 6th Av - NE 4th St to Georoe Bush Blvd 0 0 0 0 431,000
SEINE 5th & 6th Av-SE 4th St to NE 4th St Water Main 49,000 325,000 0 0 0
SE 5th & 6th Av-SE 4th St to SE 10th St 0 0 374,000 0 0
SE 2nd St - S Swinton Ave to FEC X-illll 0 0 230,000 0 0
S Swinton Avenue @ SW/SE 4th St 0 0 0 186,500 0
Seacrest Boulevard - NE 8th to Gulfstream Blvd 0 0 0 0 97,500
SeasagelMelaleucalOleander 300,000 0 0 0 0
Storm Water Pump Station Rehab 250,000 250,000 250,000 250,000 250,000
SW 1st Ave-SW 1 st St to W AtlanUc Ave 0 215,500 0 0 0
SW 2nd Av - SW 1st St to W Atlantic Ave 201,000 0 0 0 0
SW 8th Av - SW 11th St to SW 10th St 45,000 0 0 0 0
SW 14th Ave - SW 2nd St to SW 1st SI 74,500 0 0 0 0
Debt Service - Stormwater Note Interest 26,390 26,390 26,390 26,390 26,390
Debt Service - Stormwater Note Prindple 27,120 27,120 27,120 27,120 27,120
General Oblioations 774,160 797,385 821,306 645,946 871,324
TOTALS: $2,745,020 $1,716,395 $1,964,816 $1,410,956 $1,864,334
CENTRAL GARAGE FUND
ESD Comolex Fuel Disoensers 28,486 0 0 0 0
Fire Apparatus Reolace Brush Truck 0 0 0 0 303,800
Fire Apparatus Replace Pumpers 440,200 493,000 0 0 522,600
Fire-AlS Rescue Replace 213,600 224,300 235,500 247,200 259,600
Police Depl. - Mobile Command Vehicle 0 0 245,675 0 0
SWAT Van Unit #1721 ReoIace 0 86,350 0 0 0
Vehicle Reotacement 683,959 718,157 1,000,000 1,000,000 1,000,000
Vehicle RestoraUon 70,000 70,000 90,000 95,000 100,000
TOTALS: $1,436.245 $1,591,807 $1,571,175 $1.342,200 $2,186,000
PARKS ANO RECREATION BOND
Bexley Trail Communltv Park 500,000 0 0 0 0
Cornel Park, install oarkino lot 50,000 0 0 0 0
Other PromoUonal Costs 225,000 0 0 0 0
Eagles Park-Oeveloo oassive oark 400,000 0 0 0 0
Pomoev Park - Cultural Connection 300,000
PomoeY Park - Building Expansion 800,000
Senior Center - Westem Communitv Center 4,503,045
Senior Center - Western Communitv Center - Land 4,106,069 0 0 0 0
TOTALS: $ 10884114.00 $0 $0 $0 $0
CI-30
CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #9
Capital Improvement Element
Existing General Fund and Expenditure Five Year Forecast Table
SD#9
REVENUES (1)
GENERAL FUNQ ~E;YE:NUE AND EXPENDITURE
FIVE YEAR FORECAST
"
ESTIMATED ESTIMATED '"
FY 01 FY 02
AD VALOREM TAXES
AD VALOREM TAXES - DELlNQ
SALES AND USE TAXES
FRANCHISE TAXES
UTILITY TAXES
L1CENSESIPERMITS
INTERGOVERNMENTAL
CHARGES FOR SERVICES
FINES & FORFEITURES
INTERFUND TRANSFERS
CONTRIB FRM OTHR FDS
RECOVERY OF ADM COST
MISCELLANEOUS (3)
SUB-TOTAL
PRIOR YEAR SURPLUS
PRIOR YR ENCUMBRANCES
TOTAL REVENUES
EXPENDITURES (2)
GENERAL GOVERNMENT
POLIC'E'IJEP.ARTMENT
FIRE DEPARTMENT
PLANNINGANDZONING
COMMUNITY IMPROVEMENT
ENGINEERING
ENV~vCIPIlfB WORKS
PARKS & RECREATI.QN
TRANSFERS
GRANTS&MISC>EXP
DEBT SERVICE - G.O.
DEBT SERVICE - UTILITY
DEBT SERVICE -: OTHER (3)
D. S; - PROPOSED (4)
CONT~NGENCY
TOTAL EXPENDITURES
ASSESSED VALUE -1000'S
OPERATING MILLAGE- CURR
DEBT MILlAGE - CURRENT
DEBT MIL.LAGE- PROPOSED
ESTIMATED TOTiAL MILLAGE
AD VALO~~M TAXeS
BUDGET ESTIMATED ESTIMATED ESTIMATED
FY97 FY98 FY99 FYOO
19,806,840 20,661,367 21,177,901 21,707,349
103,340 103,340 103,340 103,340
1,525,600 1,571,368 1,618,509 1,667,064
3,002,000 3,092,060 3,184,822 3,280,366
5,174,000 5,329,220 5,489,097 5,653,769
1,996,320 2,056,210 2,117,896 2,181,433
4,913,750 5,061,163 5,212,997 5,369,387
3,561,050 3,667,882 3,777,918 3,891,255
473,600 487,808 502,442 517,516
88,000 90,640 93,359 96,160
2,131,280 2,195,218 2,261,075 2,328,907
1,656,510 1,706,205 1,757,391 1,810,113
1,397,830 948,955 977,424 1,006,746
45,830,120 46,971,435 48,274,171 49,613,407
79,778 56,233 40,007 15,8,95
172,108
46,082,006 47,027,668 48,314,178 49,629,302
22,250,032
103,340
1,717,076
3,378,777
5,823,383
2,246,876
5,530,469
4,007,993
533,041
99,045
2,3913,774
1,864,417
1,036,949
50,990,172
50,990,172
22,806,283
103,340
1 ,768,589
3,480,141
5,998,084
2,314,282
5,696,383
4,128,233
549,032
102,016
2,470,738
1,920,349
1,068,057
52,405,527
52,405,527
3,,750,972
13,717,848
9,309;864
751,609
. 2,133,323
. 371,363
1,706;472
5,471,309
2,390,318
1;195,870
2,233,230
1,672,280
638,670
138,8118
46,Q82,006 .
3,863,501
14,129,383
9,589,160
774,157
2,197,323
382,504
1.757,666
5,635,448
2,462,028
1,849,746
2,232,277
1,677,615
147,860
329,000
3,979,406
14,553,265
9,876,835
797;382
2,263,242
39c3,979
1,810;396
5,804,512
2,535,888
1,905,238
2,212,913
1,704,261
147,860
329,000
4,098,788
14,989.863
10,173,140
821,303
2,331,140
405,798
1,864,708
5,978,647
2,611.965
1,962,396
2,214,666
1,700,028
147,860.,
329,000
2,634,640
6.95
0.90
2,770,549
7.00
0.85
2,839,812
7.03
0.82
2,910,808
7.0S
0.80
7.85 7.85
19,806,840 . 20,661,367
7.85
21,177,~1
7.85
21,707,349
(1) Ad Valorem Taxes are based on 2.5% growth; all other revenues are based on 3% growth.
(2.rEx.. '.pend..itl/.res are. b. ased. on 3% gr.owth.. with.th. e ex. ception of d. ebt s.ervice which is based on actual.
. (3) Reduction in FYi:: 98 j~dUe to the payoff offheBed'Tax Note in FYE 97. .
(4) Proposed Debt Se'rvice is based on principal of $2,500,000, 10 year term, at a rate of5,75% for
funding 01800 mgz Communication Equipment.
CI-12
4,221.752
15,439,559
10:478,334
845,943
2,401,074
417,972
1 ;920;649
6,158,006
2,$90.324
2,021,268
2,212,914
1,705,024
147,860
329.OQO
.. '493
$O.990;f12 .
2,983,578
7;07
0;78
7;85
22,250,032
4,348,405
15,902,746
1.0,79r:......l~.'..... .
87 " .
2,47 ;i
430,511
1,978,269
6,342,747
2,771,034
2,081,906
2,213,475
1,693,045
147,860
329,000
29,420
52,405,527 .
3,058,167
7,09
0.76
7.85
22,806,283
CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #10
Capital Improvement Element
Updated General Fund and Expenditure Five Year Forecast Table
SD #10
GENERAL FUND REVENUE AND EXPENDITURE
FIVE YEAR FORECAST
BUDGET ESTIMATED ESTIMATED ESTIMATED ESTIMATED
REVENUES (1) FY07 FY08 FY09 FY 10 FY 11
AD VALOREM TAXES 58,326,660 69,505,015 76,096,251 81,208,806 90,141,750
AD VALOREM TAXES - DELINQUENT 81,000 85,050 89,303 93,768 98,456
SALES AND USE TAXES 1,550,000 1,627,500 1,708,875 1,794,319 1,884,035
FRANCHISE TAXES 4,558,250 4,786,163 5,025,471 5,276,744 5,540,581
UTILITY TAXES 4,475,000 4,698,750 4,933,688 5,180,372 5,439,390
OTHER TAXES 4,500,000 4,725,000 4,961,250 5,209,313 5,469,778
LICENSES/PERMITS 4,109,060 4,314,513 4,530,239 4,756,751 4,994,588
INTERGOVERNMENTAL 7,876,740 8,270,577 8,684,106 9,118,311 9,574,227
CHARGES FOR SERVICES 6,327,120 6,643,476 6,975,650 7,324,432 7,690,654
FINES & FORFEITURES 1,022,900 1,074,045 1,127,747 1,184,135 1,243,341
INTERFUND TRANSFERS 25,000 15,000 15,000 20,000 20,000
CONTRIBUTIONS FROM OTHER FUNDS 2,964,050 3,112,253 3,267,865 3,431,258 3,602,821
RECOVERY OF ADMINSTRATIVE COSTS 2,179,570 2,288,549 2,402,976 2,523,125 2,649,281
MISCELLANEOUS 3,049,410 3,201,881 3,361,975 3,530,073 3,706,577
SUB-TOTAL 101,044,760 114,347,770 123,180,394 130,651,406 142,055,480
PRIOR YEAR SURPLUS
PRIOR YEAR ENCUMBRANCES 364,530
TOTAL REVENUES 101,409,290 114,347,770 123,180,394 130,651,406 142,055,480
EXPENDITURES (2)
GENERAL GOVERNMENT 7,740,307 8,436,935 9,196,259 10,023,922 10,926,075
POLICE DEPARTMENT 26,390,845 28,766,021 31,354,963 34,176,910 37,252,831
FIRE DEPARTMENT 21,279,887 23,195,077 25,282,634 27,558,071 30,038,297
PLANNING AND ZONING 1,851,596 2,018,240 2,199,881 2,397,871 2,613,679
COMMUNITY IMPROVEMENT 3,504,723 3,820,148 4,163,961 4,538,718 4,947,203
ENGINEERING 754,056 821,921 895,894 976,524 1,064,412
ENV SVC/PUBLlC WORKS 2,924,071 3,187,237 3,474,089 3,786,757 4,127,565
PARKS & RECREATION 12,640,586 14,283,862 15,569,410 16,970,657 18,498,016
TRANSFERS 13,825,043 15,622,299 17,028,305 18,560,853 20,231,330
GRANTS & MISC. EXPENSE 2,390,909 2,606,091 2,840,639 3,096,296 3,374,963
DEBT SERVICE - G.O. 3,504,630 3,588,403 3,587,978 3,576,615 3,576,540
DEBT SERVICE - UTIL TAX 1,634,790 1,638,595 1,002,720
DEBT SERVICE - NON AD VALOREM REV 1,509,030 1,748,225 1,728,983 1,333,441 1,335,331
DEBT SERVICE - LEASE 349,710 425,000 425,000 425,000 425,000
D. S. - NON AD VALOREM PROPOSED (3) 3,500,000 4,175,000 3,000,000 3,000,000
CONTINGENCY 1,109,107 689,717 254,678 229,772 644,239
TOTAL EXPENDITURES 101,409,290 114,347,770 123,180,394 130,651,406 142,055,480
TOTAL INCREASE OVER THE PRIOR YEAR ~!i;IDlJ._i1i""'__
ASSESSED VALUE -1000'S 8,410,413 9,251,454 10,176,600 11,194,260 12,313,686
OPERATING MILLAGE - CURR 6.86 7.50 7.50 7.30 7.40
DEBT MILLAGE - CURRENT 0.44 0.41 0.37 0.34 0.31
DEBT MILLAGE - PROPOSED
ESTIMATED TOTAL MILLAGE 7.30 7.91 7.87 7.64 7.71
AD VALOREM TAXES 58,326,214 69,505,015 76,096,251 81,208,806 90,141,750
(1) Ad Valorem Tax revenues are based on a 10.0% annual increase in the assessed valuation. All non ad valorem revenues are
based on 5.0% growth.
(2) Expenditures are based on 9.0% growth for all divisions with the exception of the Parks & Recreation Department and
Debt Service Division. We projected 13% growth in FY 08 for the Parks and Recreation Department to account for an
increase in the operating and maintenance expense relative to the new parks coming on line. Remaining fiscal years are
at 9.0%. Debt Service is based on actual for existing debt service and projected debt service for proposed debt.
(3) Proposed Debt Service is based on a proposed borrowing with a principal of $30,000,000, 25 year term, a rate of 4.80%
issued in FY 07 for the Old School Square Park and Parking Garage Project, the Western Senior Center as well as
other various park and recreation projects.
CI-12
!)/\
W(
FROM:
DAVID T. ~DEN, ~~AGER
PAUL DdR~A1CP. D,iCTOR OF PLANNING & ZONING
MEETING OF FEBRUARY 6, 2007
CONSIDERATION OF A CITY INTIATED REZONING FROM MIC (MIXED
INDUSTRIAL AND COMMERCIAL), POC (PLANNED OFFICE CENTER), CF
(COMMUNITY FACILITY), PC (PLANNED COMMERCIAL), PCC (PLANNED
COMMERCE CENTER) TO MROC (MIXED RESIDENTIAL OFFICE AND
COMMERCIAL)
TO:
SUBJECT:
The item before the City Commission is approval of a City initiated rezoning from MIC (Mixed
Industrial and Commercial), POC (Planned Office Center), CF (Community Facilities), PC
(Planned Commercial), and PCC (Planned Commerce Center) to MROC (Mixed Residential,
Office and Commercial) for properties generally located south of West Atlantic Avenue between
Congress Avenue and 1-95 south to the City limits including the Office Depot, Congress Park,
and Congress Park South office complexes,
The rezoning action involves 63 parcels totaling 225.50 acres located within the Congress
Avenue Corridor development area. Some of the lots are vacant while others contain general
office, governmental office, industrial, and commercial uses.
A City initiated Comprehensive Plan Amendment establishing the Congress Avenue Mixed Use
Land Use Map category and changing the land use designation of parcels in the Congress
Avenue Corridor is being processed as part of Comprehensive Plan Amendment 2007-1 and is
being considered concurrently. In addition a LDR text amendment was approved by City
Commission on December 5, 2006 which created a new zoning district MROC (Mixed
Residential, Office and Commercial), This rezoning will applied this new zoning district to
parcels having the new Congress Avenue Mixed Use (CMU) land use designation.
This rezoning furthers the polices in the Comprehensive Plan which call for the creation of an
overlay district for the Congress Avenue Corridor to facilitate and encourage development of
Class A Corporate office space (Future Land Use Element Policy A1.9). The amendment
also implements Comprehensive Plan Future Land Use Element Objective A-5 which
encourages creation of mixed use developments and Housing Element policies that encourage
providing diverse housing opportunities i.e. workforce housing, and transit orientated housing
through innovative development practices. The rezonings also implement the adopted Florida
Public Officials Design Institutes report recommendations to establish a corridor overlay district
to encourage mixed use development with commercial or office on the ground floor and
residential above utilizing new urbanism design elements.
The rezoning was considered by the Planning and Zoning Board on January 22, 2007 and two
people from the public spoke, one with a request for a traffic light at NW 29th street and the
other inquired about what water conservation initiatives were included in the action The Board
IO.C
City Commission Meeting of February 6, 2007
Rezoning from MIC,POC,CF,PC,PCC, to MROC
Page 2
discussed the Ordinance and recommended approval on a 6 to 0 vote (Deborah Dowd absent),
by adopting the findings of fact and law contained in the staff report and finding that the
amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4,5(M) of the Land Development Regulations.
By motion, approve on first reading Ordinance No. 06-07 which involves rezonings from MIC
(Mixed Industrial and Commercial), POC (Planned Office Center), CF (Community Facilities), PC
(Planned Commercial), and PCC (Planned Commerce Center) to MROC (Mixed Residential
Office and Commercial) for properties generally located south of West Atlantic Avenue between
Congress Avenue and 1-95 south to the City limits including the Office Depot, Congress Park,
and Congress Park South office complexes by adopting the findings of fact and law contained in
the staff report, and finding that the request is consistent with the Comprehensive Plan and
meets the criteria set forth in Sections 2.4,5(D)(5), 3,1.1 and 3.2.2 of the Land Development
Regulations,
Attachments:
· Ordinance No. 06-07
· Planning & Zoning Staff Report of January 22, 2007
ORDINANCE NO. 5-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND
COMMERCIAL) DISTRICT IN PART, PCC (PLANNED COMMERCE
CENTER) DISTRICT IN PART, POC (PLANNED OFFICE CENTER)
DISTRICT IN PART, PC (PLANNED COMMERCIAL) DISTRICT IN
PART, AND CF (COMMUNITY FACllJTIES) DISTRICT IN PART TO
MROC (MIXED RESIDENTIAL, OFFICE AND COMMERCIAL)
DISTRICT; SAID LAND BEING PARCELS OF LAND GENERALLY
LOCATED WITHIN THE AREA BOUNDED ON THE NORTH BY
WEST ATLANTIC AVENUE, ON THE SOUTH BY THE C-15 CANAL,
ON THE EAST BY 1-95, ON THE WEST BY CONGRESS AVENUE ,
AND TOGETHER WITH THE CONGRESS PARK, CONGRESS PARK
SOUTH AND OFFICE DEPOT COMPLEXES, LOCATED JUST WEST
OF CONGRESS 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, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned MIC (Mixed Industrial and
Commercial) District in part, PCC (Planned Commerce Center) District in part, POC (Planned
Office Center) District in part, PC (planned Commercial) District in part, and CF (Community
Facilities) District in part; and
WHEREAS, at its meeting of January 22,2007 , 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 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 MROC (Mixed Residential, Office and
Commercial) District for the parcels described in the attached Exhibit "A".
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 CMU (Congress Avenue Mixed
Use) is affixed to the subject parcels 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
2
ORD NO. 5-07
EXHIBIT "A"
LEGAL DESCRIPTION
18-46-43, SW 14 OF SE 14 OF SE 14 (LESS CONGRESS AVE R/W & S 25 FT) & W 12 OF NW
14 OF SE 14 OF SE 14 (LESS CONGRESS AVE R/W & N 50 FT) AS IN OR1655P1666.
TOGETHER WITH:
THE SOUTHEAST 14 OF THE SOUTHEAST 14 OF THE SOUTHEAST 14 LYING WEST OF
THE RIGHT-OF-WAY OF THE SEABOARD COAST LINE RAILROAD, IN SECTION 18,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "ATLANTIC AVENUE VETERINARY CLINIC" ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 42, PAGE 189 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THAT PORTION OF THE EAST HALF (E 12) OF THE NORTHWEST QUARTER (NW ~)
OF THE NORTHEAST QUARTER (NE 14) OF THE SOUTHEAST QUARTER (SE 14) OF
SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING NORTH OF OLD
ATLANTIC AVENUE AND SOUTH OF STATE ROAD No. 806, LESS THE RIGHT-OF-
WAY FOR INTERSTATE ROAD No. 1-95, AS DESCRIBED IN OFFICIAL REOCRDS BOOK
1049, PAGE 450, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
18-46-43, W 12 OF E 12 OF NE 14 OF SE 14, E 12 OF NW 14 OF NE 14 OF SE ~, E 70 FT OF SW
14 OF NE ~ OF SE 14 S OF OLD ATLANTIC AVE (LESS 1-95 R/W) & TH PT OF ABND OLD
ATLANTIC AVE L YG N OF & ADJ TO ALL L YG W OF RY R/W.
TOGETHER WITH:
STREET ADDRESS: 101 SOUTH CONGRESS AVENUE, DELRAY BEACH, FLORIDA
33444
LEGAL DESCRIPTION: ALL THAT PART OF THE WEST HALF (W Y2) OF THE WEST
HALF (W 12) OF THE NORTHEAST QUARTER (NE ~) OF THE SOUTHEAST QUARTER
(SE ~) LYING SOUTHEASTERLY OF THE RIGHT-OF-WAY OF OLD ATLANTIC
AVENUE, LESS THE EAST 25 FEET, ALL IN SECTION 18, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SUBJECT TO THE ROAD RIGHT-
OF-WAY FOR CONGRESS AVENUE AS SHOWN IN ROAD PLAT BOOK 4, PAGE 68, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LESS THE
ADDITIONAL RIGHT-OF-WAY FOR CONGRESS AS DESCRIBED IN OFFICIAL
RECORDS BOOK 5493, AT PAGE 504, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; AND THAT PART OF THE RIGHT-OF-WAY FOR OLD ATLANTIC
AVENUE LYING NORTH OF AND ADJACENT TO THE ABOVE PARCEL WHICH WAS
ABANDONED BY CITY OF DELRAY BEACH RESOLUTION 46-91, RECORDED IN
1
ORD. NO. 5-07
OFFICIAL RECORDS BOOK 8578, PAGE 1191, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
A PARCEL OF LAND IN THE SW ~ OF THE NE ~ OF THE SE ~ OF SECTION 18,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST
CORNER OF THE SW ~ OF THE NE ~ OF THE SE 'l4 OF SAID SECTION 18; THENCE
WESTERL Y ALONG THE SOUTH LINE OF SAID SW 'l4, OF THE NE 'l4, OF THE SE 'l4 A
DISTANCE OF 364.21 FEET TO A POINT; THENCE NORTHERLY ALONG THE WEST
LINE OF THE EAST 25.00 FEET, OF THE WEST HALF OF SAID SW 'l4 OF THE NE 'l4, OF
THE SE 'l4, A DISTANCE OF 194.50 FEET TO THE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE CONTINUE NORTHERLY ALONG THE LAST DESCRIBED
LINE, 170 FEET; THENCE EASTERLY A DISTANCE OF 294.34 FEET; THENCE
SOUTHERLY ALONG A LINE 70.00 FEET WEST OF AND PARALLEL WITH THE EAST
LINE OF THE SW 'l4 OF THE NE ~ OF THE SE 'l4, A DISTANCE OF 176.03 FEET; THENCE
WESTERLY, PARALLEL WITH THE SOUTH LINE OF THE SW 'l4 OF THE NE 'l4 OF THE
SE 'l4, 294.25 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
PARCEL I:
A PARCEL OF LAND IN THE SW 'l4 OF THE NE 'l4 OF THE SE 'l4 OF SECTION 18,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF
THE SW ~ OF THE NE 'l4 OF THE SE ~ OF SAID SECTION 18; THENCE WESTERLY
ALONG THE SOUTH LINE OF SAID SW 'l4 OF THE NE 'l4 OF THE SE ~ A DISTANCE OF
70 FEET TO A POINT IN A LINE PARALLEL TO AND 70 FEET WESTERLY FROM
(MEASURED AT RIGHT ANGLES TO) THE EAST LINE OF SAID SW 'l4 OF THE NE 'l4 OF
THE SE 'l4 ; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF
364.50 FEET TO THE POINT OF BEGINNING AND THE SE CORNER OF THE HEREIN
DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTHERLY ALONG THE
SAME COURSE A DISTANCE OF 305.0 FEET, MORE OR LESS, TO A POINT IN THE
NORTH LINE OF SAID SW 'l4 OF THE NE 'l4 OF THE SE 'l4; THENCE WESTERL Y ALONG
SAID NORTH LINE A DISTANCE OF 294.36 FEET, MORE OR LESS, TO THE NW
CORNER OF THE EAST 25 FEET OF SAID WEST Yz OF THE SW ~ OF THE NE ~ OF THE
SE 'l4; THENCE SOUTHERL Y ALONG THE WEST LINE OF THE EAST 25 FEET OF SAID
WEST Y2 OF THE SW ~ OF THE NE 'l4 OF THE SE 'l4, A DISTANCE OF 300.8 FEET MORE
OR LESS TO A POINT, SAID POINT BEING 370,53 FEET NORTHERLY FROM THE SW
CORNER THEREOF; THENCE WESTERLY A DISTANCE OF 294.34 FEET, MORE OR
LESS, TO THE POINT OF BEGINNING.
ALSO:
PARCEL II:
THE EAST 25 FEET OR THE PART OF THE WEST Yz OF THE NW Y4 OF THE NE 'l4 OF
THE SE ~, LYING SOUTHEASTERLY OF THE RIGHT-OF-WAY OF STATE ROAD NO.
2
ORD. NO. 5-07
806 IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
THE CONDOMINIUM AS DESCRIBED IN OFFICIAL RECORDS BOOK 5129, PAGE 1906
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "McEWEN LUMBER" ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 38, PAGE 143 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
ALL OF "CONGRESS PARK SOUTH REPLAT" ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 71, PAGE 190 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
19-46-43, WESTERLY 362.50 FT OF N 200 FT OF NE 1/4 OF NE 1/4 LYING WEST OF THE
WEST RIGHT-OF-WAY LINE OF SEABOARD SYSTEM RAILROAD, INC., FORMERLY
THE SEABOARD AIR LINE RAILROAD & EAST OF THE EAST RIGHT OF WAY LINE
OF CONGRESS AVE
TOGETHER WITH:
A PARCEL OF LAND BEING ALL THAT PART OF THE NORTH 200.00 FEET OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP
46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH IS BOUNDED
ON THE EAST BY THE WESTERLY RIGHT-OF-WAY LINE OF SEABOARD SYSTEM
RAILROAD, INC., FORMERLY THE SEABOARD AIR LINE RAILROAD; AND BOUNDED
ON THE WEST BY A LINE PARALLEL WITH THE WESTERLY RAILROAD RIGHT -OF-
WAY LINE AND 447.00 FEET WESTERLY THEREFROM, AS MEASURED ALONG THE
NORTH LINE OF SAID SECTION 19; SAID PARCEL BEING MORE PARTICULARLY
DESCRffiED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 19, THENCE SOUTH
880 18'12" WEST, ALONG THE NORTH LINE OF SAID SECTION 19, A DISTANCE OF
563.29 FEET TO THE INTERSECTION THEREOF WITH SAID WESTERLY RIGHT-OF-
WAY LINE AND TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 88018' 12" WEST, ALONG SAID NORTH LINE A DISTANCE
OF 447.00 FEET; THENCE, SOUTH 0052'39" EAST, PARALLEL WITH SAID WESTERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 200.02 FEET;
THENCE, NORTH 88018'12" EAST, ALONG A LINE PARALLEL WITH AND 200.00 FEET
SOUTHERLY FROM, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF
SAID SECTION 19, A DISTANCE OF 447.00 FEET TO THE INTERSECTION THEREOF
WITH SAID WESTERLY RIGHT -OF -WAY LINE;
3
ORD. NO. 5-07
THENCE NORTH 0052'39" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE A
DISTANCE OF 200.02 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 2,052 ACRES, MORE OR LESS, OR
89,385 SQUARE FEET, MORE OR LESS.
TOGETHER WITH:
A TRACT OF LAND LYING IN THE EAST HALF OF THE NE Y4 OF SECTION 19,
TOWNSHIP 46 SOUTH, RANGE 43 EAST AND DESCRIBED AS BEING:
BOUNDED ON THE NORTH BY THE NORTH 200 FEET OF THE NE Y4 OF THE NE Y4 OF
SAID SECTION 19; BOUNDED ON THE EAST BY THE WEST RIGHT OF WAY OF THE
SEABOARD AIRLINE RAILROAD; BOUNDED ON THE SOUTH BY THE SOUTH 2,403
FEET OF THE EAST HALF OF THE NE Y4 OF SAID SECTION 19, BOUNDED ON THE
WEST BY THE EAST RIGHT-OF-WAY LINE OF SOUTHWEST 20TH AVENUE AS SAID
RIGHT OF WAY IS RECORDED IN OFFICIAL RECORDS BOOK 322, PAGE 372, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPTING
THEREFROM THAT RIGHT OF WAY FOR CONGRESS AVENUE AS RECORDED IN
OFFICIAL RECORD BOOK 1798, PAGE 527, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, AND RECORDED IN OFFICIAL RECORD BOOK 1880, PAGE 1216.
AND
THAT PART OF THE NORTH 298,00 FEET, MEASURED AT RIGHT ANGLES, OF THE
SOUTH 2,403.00 FEET, MEASURED AT RIGHT ANGLES, OF THE EAST HALF OF THE
NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE WEST RIGHT OF WAY LINE
OF THE SEABOARD AIRLINE RAILROAD AND EAST OF THE EAST RIGHT OF WAY
LINE OF CONGRESS AVENUE (FORMERLY SOUTHWEST 20TH AVENUE) AS SAID
RIGHT OF WAY IS RECORDED IN OFFICIAL RECORD BOOK 1898, PAGE 1133, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
SUBJECT TO ZONING RESTRICTIONS, MATTERS APPEARING ON THE PLAT, AND
PUBLIC UTILITY EASEMENTS OF RECORD.
TOGETHER WITH:
A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 19; THENCE
SOUTH 89 DEGREES 12 MINUTES 48 SECONDS WEST (ASSUMED) A DISTANCE OF
945.27 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 19 TO A POINT
IN THE EAST RIGHT OF WAY LINE OF CONGRESS AVENUE (106 FEET IN WIDTH
AND AS SHOWN ON ROAD PLAT BOOK 4, PAGE 67 AND ACCORDINGLY DESCRIBED
IN OFFICIAL RECORDS BOOK 1856, PAGE 677); THENCE NORTH 00 DEGREES 27
MINUTES 36 SECONDS WEST A DISTANCE OF 1401.25 FEET ALONG THE EAST
RIGHT-OF-WAY LINE OF CONGRESS AVENUE TO THE POINT OF CURVATURE OF A
CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY A DISTANCE
4
ORD. NO. 5-07
OF 342.79 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF 1094.74 FEET
AND A CENTRAL ANGLE OF 17 DEGREES 56 MINUTES 26 SECONDS TO THE POINT
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE, CONTINUE ALONG
THE ARC OF SAID CURVE A DISTANCE OF 39.54 FEET, HAVING A RADIUS OF 1094.74
FEET AND A CENTRAL ANGLE OF 2 DEGREES 04 MINUTES 10 SECONDS TO THE
POINT OF INTERSECTION WITH ANOTHER CURVE CONCAVE TO THE SOUTHWEST
AND WHOSE RADIUS BEARING SOUTH 77 DEGREES 34 MINUTES 47 SECONDS
WEST; THENCE NORTHWESTERLY A DISTANCE OF 358.71 FEET ALONG THE ARC
OF A CURVE HAVING A RADIUS OF 925.31 FEET AND A CENTRAL ANGLE OF 22
DEGREES 12 MINUTES 42 SECONDS TO A POINT ON THE NORTH LINE OF THE
SOUTH 2,105 FEET OF THE EAST Yz OF THE NORTHEAST If4 OF SAID SECTION 19;
THENCE NORTH 89 DEGREES 12 MINUTES 48 SECONDS EAST A DISTANCE OF 584.75
FEET PARALLEL WITH THE EAST-WEST CENTERLINE OF SAID SECTION 19 TO A
POINT IN THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD;
THENCE SOUTH 00 DEGREES 27 MINUTES 36 SECONDS EAST A DISTANCE OF 366,23
FEET ALONG THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE
RAILROAD; THENCE SOUTH 89 DEGREES 12 MINUTES 48 SECONDS WEST A
DISTANCE OF 432.23 FEET PARALLEL WITH THE EAST-WEST CENTERLINE OF SAID
SECTION 19 TO THE POINT OF BEGINNING.
LESS HOWEVER,
A PORTION OF THE NORTHEAST ONE-QUARTER (NE 14) OF SECTION 19, TOWNSHIP
46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 19; THENCE
SOUTH 88 DEGREES 47 MINUTES 26 SECONDS WEST ALONG THE EAST-WEST
CENTERLINE OF SAID SECTION 19, A DISTANCE OF 944.74 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS RECORDED IN
OFFICIAL RECORDS BOOK 1856, PAGE 679 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AS LAID OUT AND IN USE; THENCE NORTH 00
DEGREES 52 MINUTES 38 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 1401.92 FEET TO THE POINT OF CURVATURE IF A CIRCULAR
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1094.74 FEET, AND A
CENTRAL ANGLE OF 17 DEGREES 56 MINUTES 29 SECONDS; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 342.80 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE ARC OF SAID
CURVE, HAVING A CENTRAL ANGLE OF 02 DEGREES 07 MINUTES 21 SECONDS,
AND ARC DISTANCE OF 40.56 FEET TO A POINT ON A CURVE CONCAVE
WESTERL Y, HAVING A RADIUS OF 925.31 FEET, AND A CENTRAL ANGLE OF 06
DEGREES 41 MINUTES 29 SECONDS, WHOSE RADIUS BEARS SOUTH 77 DEGREES 03
MINUTES 29 SECONDS WEST FROM SAID POINT; THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE AND ALONG A PORTION OF THE EAST RIGHT-OF-WAY LINE
OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 322, AT PAGE
372 AS LAID OUT AND IN USE OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA A DISTANCE OF 108.06 FEET TO A POINT ON A CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 1108.74 FEET AND A CENTRAL ANGLE OF 07
DEGREES 55 MINUTES 25 SECONDS, WHOSE RADIUS BEARS SOUTH 63 DEGREES 29
MINUTES 14 SECONDS WEST FROM SAID POINT; THENCE SOUTH 88 DEGREES 47
5
ORD, NO. 5-07
MINUTES 26 SECONDS WEST A DISTANCE OF 14.68 FEET TO THE POINT OF
BEGINNING.
TOGETHER WITH:
PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA BEING MORE P ARTICULARL Y DESCRIBED AS
FOLLOWS:
COMMENCING AT THE QUARTER SECTION CORNER IN THE EAST LINE OF SAID
SECTION 19; THENCE SOUTH 89027'44" WEST (ASSUMED) ALONG THE EAST-WEST
QUARTER SECTION LINE OF SAID SECTION 19, A DISTANCE OF 945.09 FEET TO A
POINT IN THE EAST RIGHT-OF-WAY OF CONGRESS AVENUE, THENCE NORTH
00012 '55" WEST ALONG THE EAST RIGHT -OF-WAY OF SAID CONGRESS AVENUE, AS
SHOWN ON ROAD PLAT BOOK 4, PAGES 4, 66, 67 AND 68 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 1180,00 FEET TO THE POINT
OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUE
NORTH 00012'55" WEST ALONG THE EAST LINE OF SAID CONGRESS AVENUE, A
DISTANCE OF 221.24 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
TO THE WEST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE,
HAVING A RADIDS OF 1094.74 FEET AND A CENTRAL ANGLE OF 17056'29", A
DISTANCE OF 342.80 FEET; THENCE NORTH 89027'44" EAST AND PARALLEL WITH
THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 19, A DISTANCE OF
432.51 FEET TO A POINT IN THE WEST RIGHT-OF-WAY OF THE SEABOARD AIRLINE
RAILROAD; THENCE SOUTH 00012'55 EAST ALONG SAID WEST RIGHT-OF-WAY
LINE OF THE SEABOARD AIRLINE RAILROAD, A DISTANCE OF 558.77 FEET;
THENCE SOUTH 89027'44" WEST AND PARALLEL WITH SAID EAST-WEST QUARTER
SECTION LINE OF SAID SECTION 19, A DISTANCE OF 379,17 FEET TO THE POINT OF
BEGINNING AFOREDESCRIBED.
LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PROPERTY SET
FORTH AS PARCEL 109 IN THAT STIPULATED FINAL mDGEMENT FILED IN PALM
BEACH CIRCUIT COURT UNDER CASE NO. CL-98-4197(AA) AND RECORDED IN
OFFICAL RECORDS BOOK 5819, PAGE 401. SAID LANDS SITUATE, LYING AND
BEING IN PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE NORTH 115.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: A TRACT OF
LAND LYING IN THE EAST HALF (E Yz) OF THE NORTHEAST QUARTER (NE \14) OF
SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING WEST OF THE WEST
RIGHT-OF-WAY LINE OF SEABOARD AIRLINE RAILROAD AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE QUARTER CORNER IN THE EAST LINE OF SECTION 19,
TOWNSHIP 46 SOUTH RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE
WESTERLY ALONG THE CENTERLINE OF SAID SECTION 19, A DISTANCE OF 991.27
FEET, THENCE NORTHERLY, PARALLEL TO THE WEST RIGHT-OF-WAY OF
SEABOARD AIRLINE RAILROAD, A DISTANCE OF 55.00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE NORTHERLY ALONG THE PRECEDING COURSE A
DISTANCE OF 1125.00 FEET; THENCE EASTERLY, PARALLEL TO SAID CENTERLINE
6
ORD, NO. 5-07
OF SECTION 19, A DISTANCE OF 425.00 FEET TO A POINT IN THE WESTERLY RIGHT-
OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE SOUTHERLY,
ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 1125.00 FEET; THENCE
WESTERLY, PARALLEL TO AND 55.00 FEET NORTH (MEASURED AT RIGHT
ANGLES) OF THE CENTERLINE OF SAID SECTION 19, A DISTANCE OF 425.00 FEET
TO THE POINT OF BEGINNING, LESS THE WEST 46.00 FEET THEREOF.
TOGETHER WITH:
LEGAL DESCRIPTION OF PROPERTY LOCATED AT 785 SOUTH CONGRESS AVENUE
DELRA Y BEACH, FLORIDA
A TRACT OF LAND LYING IN THE EAST HALF (E Y2) OF THE NORTHEAST QUARTER
(NE 'i'4) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST LYING WEST OF THE
WEST RIGHT-OF-WAY LINE OF SEABOARD AIRLINE RAILROAD AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE QUARTER CORNER ON THE EAST LINE OF SECTION 19,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE
WESTERLY ALONG THE CENTERLINE OF SAID SECTION 19, A DISTANCE IF 991.27
FEET; THENCE NORTHERLY, PARALLEL TO THE WEST RIGHT-OF-WAY LINE OF
SEABOARD AIRLINE RAILROAD, A DISTANCE OF 835.00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE NORTHERLY ALONG THE PRECEDING COURSE A
DISTANCE OF 230.00 FEET; THENCE EASTERLY, PARALLEL TO SAID CENTERLINE
OF SECTION 19, A DISTANCE OF 425 FEET TO A POINT ON THE WESTERLY RIGHT-
OF-WAY LINE OF SEABOARD AIRLINE RAILROAD; THENCE SOUTHERLY, ALONG
SAID WEST RIGHT -OF -WAY LINE A DISTANCE OF 230.00 FEET, THENCE WESTERLY,
PARALLEL TO THE CENTERLINE OF SAID SECTION 19, A DISTANCE OF 425,00 FEET
TO THE POINT OF BEGINNING. LESS THE WEST 46 FEET THEREOF.
ALSO LESS THE FOLLOWING PARCEL:
A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 19, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DECRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 19; THENCE
SOUTH 88047'26" WEST, ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 19
A DISTANCE OF 565.74 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE
OF THE SEABOARD AIRLINE RAILROAD; THENCE NORTH 00052'38" WEST, ALONG
SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 835.00 FEET; THENCE
SOUTH 88047'26" WEST A DISTANCE OF 365.00 FEET TO THE POINT OF BEGINNING,
THENCE SOUTH 88047'26" WEST A DISTANCE OF 14.00 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY OF CONGRESS AVENUE, AS RECORDED IN OFFICIAL
RECORDS BOOK 1861, AT PAGE 1339, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA AS RECORDED IN OFFICIAL RECORDS BOOK 1861, AT PAGE
1339 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS LAID OUT
IN USE; THENCE NORTH 00052'38" WEST ALONG SAID EASTERLY RIGHT-OF WAY
LINE A DISTANCE OF 230.00 FEET; THENCE NORTH 88047'26" EAST, A DISTANCE OF
14.00 FEET; THENCE SOUTH 00052'38" EAST, A DISTANCE OF 230.00 FEET TO THE
POINT OF BEGINNING.
7
ORD. NO. 5-07
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRAY BEACH, PALM
BEACH COUNTY, FLORIDA AND CONTAINING 3,220 SQUARE FEET MORE OR LESS,
TOGETHER WITH:
PORTIONS OF LOTS 9,10,16 AND 17, MODEL LAND COMPANY'S SUBDNISION OF
THE SOUTHEAST ONE-QUARTER (SE 'i4) AND EAST HALF (E Y2) OF THE NORTHEAST
QUARTER (NE 'i4) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK6, PAGE 53, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
PARCEL No. I
THE SOUTH 150.0 FEET OF THE NORTH 855.0 FEET OF THE WEST 325.0 FEET OF THE
EAST 425.0 FEET OF THAT PART OF THE SOUTHEAST QUARTER (SE 'i4) OF SECTION
19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRA Y BEACH, PALM BEACH COUNTY,
FLORIDA LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD
AIRLINE RAILWAY (NOW KNOWN AS THE CSX RAILWAY).
LESS AND EXCEPT THE FOLLOWING PARCEL, TO WIT:
A PORTION OF THE SOUTHEAST ONE-QUARTER (SE 'i4) OF SECTION 19, TOWNSHIP
46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRffiED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED
AS THE SOUTH 150.0 FEET OF THE NORTH 855.0 FEET OF THE WEST 325.0 FEET OF
THE EAST 425.0 FEET OF THE PART OF THE SOUTHEAST QUARTER (SE 'i4) OF SAID
SECTION 19 LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD
AIRLINE RAILROAD; THENCE NORTH 88047'26" EAST, A DISTANCE OF 49.00 FEET
TO A POINT ON A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 5666.58
FEET, A CENTRAL ANGLE OF 01031'00", WHOSE RADIUS BEARS NORTH 89007'53"
WEST FROM SAID POINT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE,
A DISTANCE OF 150.01 FEET; THENCE SOUTH 88047'26" WEST, A DISTANCE OF 50.99
FEET TO A POINT ON THE EXISTING EASTERLY RIGHT -OF - WAY LINE OF
CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 2450, PAGE 657,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS LAID OUT AND
IN USE; THENCE NORTH 00052'07" WEST ALONG SAID EASTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING, AS DESCRffiED IN
RIGHT-OF-WAY WARRANTY DEED TO PALM BEACH COUNTY RECORDED IN
OFFICIAL RECORDS BOOK 5566, PAGE 743 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRAY BEACH, PALM
BEACH COUNTY, FLORIDA.
PARCEL II
THE EAST 100.0 FEET OF THE SOUTH 150.0 FEET OF THE NORTH 855,0 FEET OF THE
EAST 425.0 FEET OF THAT PART OF THE SOUTHEAST QUARTER (SE 'i4) OF SECTION
8
ORD, NO. 5-07
19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRA Y BEACH, PALM BEACH COUNTY,
FLORIDA LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD
AIRLINE RAILWAY (NOW KNOWN AS C.S,x. RAILWAY).
PARCEL No. III
THE SOUTH 250 FEET OF THE NORTH 705 FEET OF THE EAST 425 FEET OF THAT
PART OF THE SOUTHEAST QUARTER (SE 1;4) OF SECTION 19, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA LYING WEST OF THE WEST
RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILWAY (NOW KNOWN AS
CSX RAILWAY).
LESS AND EXCEPT THE FOLLOWING DESCRIDED PARCEL, TO WIT:
A PORTION OF THE SOUTHEAST ONE-QUARTER (SE 1;4) OF SECTION 19, TOWNSHIP
46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIDED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND 705.00 FEET
SOUTH OF, AS MEASURED AT RIGHT ANGLES, TO THE NORTH LINE OF SAID
SOUTHEAST ONE-QUARTER (SE 1;4) AND THE EAST RIGHT-OF-WAY LINE OF
CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 2450, PAGE 657
OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH
00052'07" WEST ALONG SAID EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE, A
DISTANCE OF 250.00 FEET; THENCE NORTH 88047'26" EAST, A DISTANCE OF 46.00
FEET; THENCE SOUTH 00052'07" EAST, A DISTANCE OF 249.99 FEET TO A POINT OF
CURVATURE OF A CIRCULAR CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 5669.58 FEET, A CENTRAL
ANGLE OF 0000'01" AND AN ARC DISTANCE OF 0.02 FEET; THENCE SOUTH 88047'26"
WEST, A DISTANCE OF 46.00 FEET TO THE POINT OF BEGINNING, AS DESCRIBED IN
ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 5769, AT PAGE 879
AND IN FINAL JUDGEMENT RECORDED IN OFFICIAL RECORDS BOOK 6889, PAGE
1864 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRAY BEACH, PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "ARCHER LINPRO CENTER" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 64 AT PAGE 38 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LEGAL DESCRIPTION: 19-46-43, E 379 FT OF S 800 FT OF N 1655 FT OF SE 1;4 L YG W OF
SAL RR R/W (LESS WL Y 49FT CONGRESS AVE RD R/W).
9
ORD. NO. 5-07
TOGETHER WITH:
ALL OF "CORPORATE TECH CENTER" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 47, PAGE 152 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "CORPORATE TECH CENTER PLAT No.2" ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 54, PAGE 177 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE NORTH 66.5 FEET OF THE SOUTH 1406.7 FEET OF THE SOUTHEAST Y4 LYING
BETWEEN THE S,A.L. RAILROAD RIGHT OF WAY AND CONGRESS AVENUE, ALL
LYING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA.
TOGETHER WITH GAP PARCELS NOS. 1, 2 AND 3 DESCRIBED ON SHEETS 1
THROUGH 6 ATTACHED HERETO AND MADE PART THEREOF.
THREE PARCELS OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 30,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRA Y BEACH, PALM BEACH
COUNTY, FLORIDA, SAID PARCELS OF LAND BEING MORE P ARTICULARL Y
DESCRIDED AS FOLLOWS:
GAP PARCEL NO.1:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 30 ( CORNER
LOCATION AND SOUTH LINE OF THE SOUTHEAST QUARTER AS DETERMINED BY
THE PALM BEACH COUNTY ENGINEERING DEPARTMENT); THENCE N 89055'00"W
(THE BEARINGS RECITED HEREIN ARE RELATIVE TO THE BEARING NOooI8'55"W
AS SHOWN ON THE PLAT OF PALM COAST INDUSTRIAL PARK, PLAT BOOK 46 ON
PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR THE
WEST RIGHT OF WAY LINE OF THE CSX RAILRAOD PREVIOUSLY KNOWN AS THE
SEABOARD COASTLINE RAILRAOD), ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER OF SECTION 30, A DISTANCE OF 703.40 FEET TO THE
INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF THE CSX RAILROAD AS
LAID OUT AND IN USE; THENCE NOooI8'55"W, ALONG SAID WEST RIGHT OF WAY
LINE, A DISTANCE OF 1342.92 FEET TO THE INTERSECTION WITH THE
MONUMENTED NORTH LINE OF THE PLAT OF CORPORATE TECH CENTER,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 47 ON PAGE
152 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE
S89011 '30"W, ALONG SAID MONUMENTED NORTH LINE OF CORPORATE TECH
CENTER ACCORDING TO A SURVEY ON FILE IN THE OFFICES OF PARAMOUNT
ENGINEERING GROUP, INC. UNDER JOB NO. 2928 DATED 08/07/03, A DISTANCE OF
176.25 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE S89011 '30"W ALONG
SAID MONUMENTED NORTH LINE, A DISTANCE OF 218.76 FEET TO THE
INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF CONGRESS AVENUE AS
DESCRIDED BY SAID PLAT OF CORPORATE TECH CENTER; THENCE NOooI8'55"W
ALONG SAID EAST RIGHT OF WAY LINE OF CONGRESS AVENUE, A DISTANCE OF
10
ORD, NO. 5-07
3.34 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF THE NORTH 66.5 FEET
OF THE SOUTH 1406.7 FEET OF THE SAID SOUTHEAST QUARTER OF SECTION 30;
THENCE S89056'00"E ALONG SAID SOUTH LINE, A DISTANCE OF 218.76 FET TO THE
POINT OF BEGINNING.
THE ABOVE DESCRIDED PARCEL OF LAND CONTAINS 365.44 SQUARE FEET, MORE
OR LESS.
TOGETHER WITH GAP PARCEL NO.2
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 30 (CORNER
LOCATION AND SOUTH LINE OF SOUTHEAST QUARTER AS DETERMINED BY THE
PALM BEACH COUNTY ENGINEERING DEPARTMENT); THENCE N89055'00"W (THE
BEARINGS RECITED HEREIN ARE RELATIVE TO THE BEARING N 00oI8'55"W AS
SHOWN ON THE PLAT OF PALM COAST INDUSTRIAL PARK, PLAT BOOK 46 ON
PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR THE
WEST RIGHT OF WAY LINE OF THE CSX RAILROAD PREVIOUSLY KNOWN AS THE
SEABOARD COASTLINE RAILROAD), ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER OF SECTION 30, A DISTANCE OF 703.40 FEET TO THE
INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF THE CSX RAILROAD AS
LAID OUT AND IN USE; THENCE NOooI8'55"W ALONG SAID WEST RIGHT OF WAY
LINE, A DISTANCE OF 1406.73 FEET TO THE POINT OF BEGINNING AND
INTERSECTION WITH THE NORTH LINE OF THE NORTH 66,5 FEET OF THE SOUTH
1406.7 FEET OF THE SAID SOUTHEAST QUARER OF SECTION 30, THENCE
N89056'00"W ALONG SAID NORTH LINE, A DISTANCE OF 6.04 FEET TO
INTERSECTION WITH THE MONUMENTED SOUTH LINE OF THE PLAT OF PALM
COAST INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 46 ON PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE N89011 '30"E ALONG SAID MONUMENTED SOUTH LINE OF PALM
COAST INDUSTRIAL PARK ACCORDING TO A SURVEY ON FILE IN THE OFFICES OF
PARAMOUNT ENGINEERING GROUP, INC. UNDER JOB NO. 2928 DATED 08/07/03, A
DISTANCE OF 6.04 FEET TO THE INTERSECTION WITH THE SAID WEST RIGHT OF
WAY LINE OF THE CSX RAILROAD; THENCE SOooI8'55"E ALONG SAID WEST RIGHT
OF WAY LINE, A DISTANCE OF 0.09 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.28 SQUARE FEET, MORE
OR LESS.
AND TOGETHER WITH GAP PARCEL NO.3:
COMMENCE A THE SOUTHEAST CORNER OF SAID SECTION 30 (CORNER LOCATION
AND SOUTH LINE OF THE SOUTHEAST QUARTER AS DETERMINED BY THE PALM
BEACH COUNTY ENGINEERING DEPARTMENT);THENCE N89055'00"W (THE
BEARINGS RECITED HEREIN ARE RELATIVE TO THE BEARING NOooI8'55"W AS
SHOWN ON THE PLAT OF PALM COAST INDUSTRIAL PARK, PLAT BOOK 46 ON
PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR THE
WEST RIGHT OF WAY LINE OF THE CSX RAILROAD PREVIOUSLY KNOWN AS THE
SEABOARD COASTLINE RAILROAD), ALONG THE SOUTH LINE OF SAID SOUTHEST
QUARTER OF SECTION 30, A DISTANCE OF 703.40 FEET TO THE INTERSECTION
WITH THE WEST RIGHT OF WAY LINE OF THE CSX RAILROAD AS LAID OUT AND
IN USE; THENCE NOooI8'55"W ALONG SAID WEST RIGHT OF WAY LINE, A
11
ORD. NO. 5-07
DISTANCE OF 1517.15 FEET TO THE POINT OF BEGINNING AND INTERSECTION
WITH THE MONUMENTED NORTH LINE OF THE PLAT OF PALM COAST
INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 46 ON PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE S89011 '30"W ALONG SAID MONUMENTED NORTH LINE OF
PALM COAST INDUSTRIAL PARK, ACCORDING TO A SURVEY ON FILE IN THE
OFFICES OF PARAMOUNT ENGINEERING GROUP, INC, UNDER JOB NO, 2928 DATED
08/07/03, A DISTANCE OF 395.01 FEET TO THE INTERSECTION WITH THE EAST
RIGHT OF WAY LINE OF CONGRESS AVENUE AS DESCRffiED BY SAID PLAT OF
PALM COAST INDUSTRIAL PARK, THENCE NOoo18'55"W ALONG SAID EAST RIGHT
OF WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 2.73 FEET TO THE
INTERSECTION WITH THE NORTH LINE OF SAID PALM COAST INDUSTRIAL PARK
ACCORDING TO THE DESCRIPTION OF SAID PLAT; THENCE N89012'30"E ALONG
SAID DESCRffiED NORTH LINE OF PALM COAST INDUSTRIAL PARK, A DISTANCE
OF 395.01 FEET TO THE INTERSECTION WITH THE SAID WEST RIGHT OF WAY LINE
OF THE CSX RAILROAD, THENCE SOoo18'55"E ALONG SAID WEST RIGHT OF WAY
LINE, A DISTANCE OF 2.62 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1057.04 SQUARE FEET, MORE
OR LESS.
TOGETHER WITH:
ALL OF "PALM COAST INDUSTRIAL PARK" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 46, PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
TOGETHER WITH:
A PARCEL OF LAND IN THE SOUTHEST QUARTER (SE 1/4) OF SECTION 19,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRA Y BEACH, PALM BEACH COUNTY,
FLORIDA, MORE P ARTICULARL Y DESCRffiED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF
SOUTHWEST 10TH STREET, ALSO KNOWN AS LOWSON BOULEVARD, AND THE
WEST RIGHT OF WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE
SOUTHERLY, ALONG SAID RAILROAD RIGHT OF WAY LINE, 400.00 FEET; THENCE
WESTERLY, PARALEL WITH THE SOUTH RIGHT OF WAY LINE OF S,W. 10TH STREET,
365.00 FEET TO A LINE 67.00 FEET EAST OF AND PARALLEL WITH THE CENTER
LINE OF CONGRESS AVENUE AS SHOWN ON ROAD PLAT BOOK 4 AT PAGES 66 AND
67, PALM BEACH COUNTY PUBLIC RECORDS; THENCE NORTHERLY, ALONG SAID
PARALLEL LINE, 250.00 FEET TO A LINE 150.00 FEET SOUTH OF AND PARALLEL
WITH THE SAID SOUTH RIGHT OF WAY LINE OF S.W. 10TH STREET; THENCE
EASTERLY ALONG SAID PARALLEL LINE, 90.00 FEET; THENCE NORTHERLY, AND
PARALLEL WITH THE SAID CENTERLINE OF CONGRESS AVENUE 150.00 FEET TO
THE SAID SOUTH RIGHT OF WAY LINE; THENCE EASTERL Y ALONG SAID SOUTH
RIGHT OF WAY LINE 275.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
12
ORD, NO. 5-07
A PARCEL OF LAND IN THE SOUTHEAST CORNER (SE \4) OF SECTION 19, TOWNSHIP
46 SOUTH, RANGE 43 EAST, DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA,
MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF S.W.
10TH STREET, ALSO KNOWN AS LOWSON BOULEVARD AND THE WEST RIGHT-OF-
WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE WESTERLY ALONG
THE SAID SOUTH RIGHT-OF-WAY LINE OF S.W. 10TH STREET, 275.00 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE WESTERLY ALONG THE SAID SOUTH
RIGHT-OF-WAY LINE 65.14 FEET TO A CURVE CONCAVE SOUTHEASTERLY WITH A
RADillS OF 25.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 40 MINUTES 50
SECONDS, SAID CURVE BEING TANGENT TO SAID SOUTH RIGHT-OF-WAY LINE
AND TANGENT TO A LINE 67.0 FEET EAST OF AND PARALLEL WITH THE
CENTERLINE OF CONGRESS AVENUE, AS SHOWN IN ROAD PLAT BOOK 4, PAGES 66
AND 67; THENCE SOUTHWESTERLY ALONG THE CHORD OF SAID CURVE 35.26
FEET; THENCE SOUTHERLY, ALONG THE SAID LINE 67.0 FEET EAST OF THE
CENTERLINE OF CONGRESS AVENUE, 125.14 FEET TO A LINE 150.00 FEET SOUTH OF
THE SOUTH RIGHT-OF-WAY LINE OF S.W. 10TH STREET; THENCE EASTERLY ALONG
SAID PARALLEL LINE 90.00 FEET; THENCE NORTHERLY AND PARALLEL WITH THE
CENTERLINE OF CONGRESS AVENUE, 150.00 FEET TO THE POINT OF BEGINNING
AFOREDESCRIBED.
TOGETHER WITH:
ALL OF "LINTON SQUARE" ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 50, PAGE 110 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE RUN NORTH 89
DEGREES, 55 MINUTES, 53 SECONDS WEST 700.10 FEET ALONG THE SOUTH LINE OF
SAID SECTION 30 TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY
LINE OF THE SEABOARD COASTLINE RAILROAD; THENCE RUN NORTH 00
DEGREES, 18 MINUTES, 55 SECONDS WEST 120.00 FEET ALONG SAID WEST RIGHT-
OF-WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY
LINE OF THE C-15 CANAL; THENCE RUN NORTH 89 DEGREES, 55 MINUTES, 53
SECONDS WEST 395.01 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT
OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE
AS NOW CONSTRUCTED AND IN USE; THENCE RUN NORTH 00 DEGREES, 18
MINUTES, 55 SECONDS WEST 1393.85 FEET TO A POINT, WHICH IS THE POINT OF
BEGINNING; THENCE CONTINUE NORTH 00 DEGREES, 18 MINUTES, 55 SECONDS
WEST 771.93 FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT; THENCE
RUN NORTH 89 DEGREES, 12 MINUTES, 30 SECONDS EAST 395.01 FEET TO A POINT
OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD
COASTLINE RAILROAD; THENCE RUN SOUTH 00 DEGREES, 18 MINUTES, 55
SECONDS EAST 771.93 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT;
THENCE RUN SOUTH 89 DEGREES, 12 MINUTES, 30 SECONDS WEST 395.01 FEET
BACK TO THE POINT OF BEGINNING,
13
ORD. NO. 5-07
TOGETHER WITH:
ALL OF "CONGRESS PARK REPLAT" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 86 AT PAGE 29 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "CONGRESS PARK" ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 44 AT PAGE 194 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
ALL OF "CONGRESS PARK OFFICE," A CONDOMINIUM, ACCORDING TO THE
DECLARATION OF CONDOMINIUM, AS RECORDED ON O.R. BOOK 19762, PAGE 108,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE SOUTH 200.00 FEET OF THE NORTH 253.00 FEET OF THE WEST 248.00 FEET OF
THE EAST 425.00 FEET OF THE PART OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING
WEST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILWAY;
LESS AND NOT INCLUDING THE FOLLOWING DESCRIBED PARCEL:
BEGIN AT THE NORTHWEST CORNER OF THE AFORE DESCRIBED; THENCE
SOUTHERLY, ALONG THE WEST LINE OF THE ABOVE DESCRIBED PARCEL, BEING
THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE (S.W. 20TH AVE.), A
DISTANCE OF 116.89 FEET; THENCE NORTHEASTERLY, MAKING AN ANGLE WITH
THE PRECEEDING COURSE MEASURED FROM NORTH TO EAST, OF 16003'12", A
DISTANCE OF 110.02 FEET; THENCE EASTERLY MAKING AN ANGLE WITH THE
PRECEEDING COURSE, MEASURED FROM SOUTH TO EAST, OF 194046'41" A
DISTANCE OF 217.75 FEET TO APOINT IN THE EAST LINE OF THE PARCEL
PREVIOUSLY DESCRIBED; THENCE NORTHERLY, ALONG THE SAID EAST LINE, A
DISTANCE OF 19,00 FEET TO A POINT IN A LINE 53.00 FEET SOUTH OF AND
PARALLEL WITH THE NORTH LINE OF SAID SECTION 30; TOWNSHIP 46 SOUTH,
RANGE 43 EAST, SAID PARALLEL LINE BEING THE SOUTH RIGHT-OF-WAY LINE OF
S.W. 12TH STREET AS PRESENTLY LAID OUT: THENCE WESTERLY, ALONG SAID
PARALLEL LINE, A DISTANCE OF 248.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
ALL OF "ATRIUM AT CENTRE DELRAY" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 42 AT PAGE 133 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "GARDENS AT CENTRE DELRAY" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 43 AT PAGE 49 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
14
ORD. NO. 5-07
TOGETHER WITH:
ALL OF "ARBORS AT CENTRE DELRAY" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 43, PAGE 166 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "LAKESIDE AT CENTRE DELRAY REPLAT" ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 77, PAGE 49 OF THE PUBLIC REOCRDS OF
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "TERRACES AT CENTRE DELRAY REPLAT" ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 77, PAGE 51 OF THE PUBLIC REOCRDS OF
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "CATALFUMO P.O.C. PLAT" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 77, PAGE 53 OF THE PUBLIC REOCRDS OF PALM BEACH
COUNTY, FLORIDA.
15
ORD. NO. 5-07
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
January 22, 2007
IV. A.
A City initiated Rezoning from rezoning from MIC (Mixed Industrial and Commercial), POC
(Planned Office Center), CF (Community Facilities), PC (Planned Commercial), and PCC
(Planned Commerce Center) to MROC (Mixed Residential, Office and Commercial) for
properties generally located south of West Atlantic Avenue between Congress Avenue and 1-
95 south to the City limits including Office Depot, Congress Park, and Congress Park South
made up of 63 parcels totaling 225.50 acres.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant............................... City of Delray Beach
Agent....................,.......,................... City of Delray Beach
Location............................................ Between Congress Avenue and 1-95 south to
the City limits including the Office Depot,
Congress Park, and Congress Park south
sites.
Property Size.................................... 225.50 aces,
Existing Future Land Use Map CMR (Commerce),TRN (Transitional)
Designations................................. CF(Community Facilities), and GC (General
Commercial)
Proposed City Future Land Use Map CMU (Congress Avenue Mixed Use)
DesignatiOn.......... .... ........ ......,.........
Existing City Zoning.......................... MIC (Mixed Industrial and Commercial) CF
(Community Facilities), PC (Planned
Commercial) , PCC (Planned Commerce
Center) and POC (Planned Office Center)
Proposed City Zoning....................... MROC (Mixed Residential Office and
Commercial
Adjacent Zoning.....,.............. North: City MIC (Mixed Industrial and Commercial)
and GC (General Commercial)
East: CD(Conservation District and 1-95
South: Boca - Mixed Use District
West: OSR (Open Space and Recreational), OS
(Open Space) and RM (Residential Medium
Density) and R-1A (Highlands Subdivision)
Existing Land Use............................. Office and Commercial corridor.
Proposed Land Use.,........................ Mixed use including office, commercial and
residential.
Water Service................................... Water service is available from various mains.
in the corridor ~
Sewer Service................................... Sewer service is available from various mains_
in the corridor
IV.A.
The action before the Board is making a recommendation to the City Commission on a City
initiated rezoning from MIC (Mixed Industrial and Commercial), POC (Planned Office Center),
CF (Community Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center) to
MROC (Mixed Residential, Office and Commercial) for properties generally located south of
West Atlantic Avenue between Congress Avenue and 1-95 south to the City limits including the
Office Depot, Congress Park, and Congress Park South office complexes, The Rezoning
actions involve 63 parcels totaling approximately 225.50 acres.
Pursuant to Section 2.2.2(E) (6) of the Land Development Regulations, the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to the
rezoning of any property within the City.
The proposal involves 63 parcels, which are located within the Congress Avenue Corridor
development area. Some of the lots are vacant while others contain general office uses,
governmental office uses, industrial type uses, and commercial uses.
A City initiated Comprehensive Plan amendment establishing the Congress Avenue Mixed Use
Land Use Map category and changing the land use designation of parcels in the Congress
Avenue Corridor was processed as part of Comprehensive Plan Amendment 2007-1, The mixed
use category encourages a mixed of commercial, office, and residential uses, and established
maximum thresholds for each type of use. In addition a LDR text amendment was approved by
City Commission on December 5, 2006 which created a new zoning district called MROC
(Mixed Residential, Office and Commercial) which will be applied to parcels having the new
Congress Avenue Mixed Use (CMU) land use designation.
The primary function of both the new land use category (CMU) and the new zoning district
(MROC) is to attract Class A office development and to that end 100% of the sites designated
mixed use can be developed with office and research and development type uses, General
retail uses including direct support services and other retail uses would be limited to 20% of the
overall building square footage. Multifamily development up to a maximum density of 40 units
per acre, and 50 units per acre within 2,500 feet of the Tri Rail station are proposed. These
would be limited to a maximum of 100%, 80% and 75% of building square footage depending
on there distance from the Tri-rail station. A minimum of 20% of these residential units are to be
workforce housing units, are to moderately priced units, and are subject to LDR Section 4.7.
Buildings heights of a maximum of 85 feet are allowed. All floors above 42 feet are required to
have facades offset and varied.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body which has the authority to approve or deny
the development application. These findings relate to the Future Land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the Land
Development Regulations.
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.
P & Z Staff Report - January 22, 2007 Meeting
MROC Rezoning (Congress Avenue Corridor)
A new zoning district will be consistent with the Congress Avenue Mixed Use (CMU) category
being applied to these properties via Comprehensive Plan Amendment 2007-1. The rezoning
will also be consistent with policies of the Comprehensive Plan which call for the creation of an
overlay district for the Congress Avenue Corridor to facilitate and encourage development of
Class A Corporate office space. The rezoning specifically implements Comprehensive Plan
Land Use Element and Housing Element policies which encourage provision of diverse housing
opportunities i.e. workforce housing, and transit orientated housing through innovative
development practices. The rezoning also implement the adopted Florida Public Officials
Design Institutes report recommendations to establish a corridor overlay district to encourage
mixed use development with commercial or office on the ground floor and residential above
utilizing new urbanism design elements.
The proposed FLUM Amendment 2007-1 (proposed adoption date of February 6, 2007) will
assign a Future Land Use Map designation of Congress Avenue Mixed Use (CMU) to these
properties within the corridor. The proposed new zoning district MROC (Mixed Residential,
Office and Commercial) District will be consistent with this CMU Land Use Map designation.
Based upon the above, a positive finding with respect to Future Land Use Map consistency can
be made. The remaining required findings of LDR Section 3.1.1, Concurrency,
Comprehensive Plan Consistency and Compliance with the Land Development
Regulations are discussed below.
· Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves rezoning properties from MIC (Mixed Industrial and Commercial), POC
(Planned Office Center), CF (Community Facilities), PC (Planned Commercial), and PCC
(Planned Commerce Center) to MROC (Mixed Residential Office and Commercial). The
proposed rezoning will result in an increased impact on adopted concurrency standards,
Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic and
Water and Sewer are discussed below:
Water and Sewer: Water and Sewer service is available to all properties in the corridor many
from existing mains. With any development of these parcels, installation of water and sewer
mains, fire hydrants, and drainage improvements must be accommodated. The location of these
improvements will depend upon site design layout of any proposed development(s).
The proposed rezoning to MROC will increase the demand on these public services; however,
adequate capacity exists to accommodate the proposal. Pursuant to the Comprehensive Plan
adequate water and sewer treatment capacity exists to meet the adopted level of service
standards at the City's build-out. Thus, a positive finding with respect to this level of service
standard can be made.
Traffic: Congress Avenue is classified as a County Principal Arterial Road. Congress Avenue
currently operates at Level of Service "B" from West Atlantic Avenue to the C-15 canal. With
individual developments a traffic study will be required and traffic concurrency must be met.
The City has received a traffic study based upon the maximum potential density permitted for
each and every parcel within the proposed CMU designation. When compared to the maximum
development potential under the current zoning designations thesis new zoning category will not
increase the traffic generated by the corridor, This information will be transmitted to DCA as
part of the 2007-1 comprehensive Plan ORC report
2
P & Z Staff Report - January 22, 2007 Meeting
MROC Rezoning (Congress Avenue Corridor)
Drainaae: Any development of the site will be required to retain drainage on-site in compliance
with South Florida Water Management District (SFWMD) requirements. There are no problems
anticipated complying with SFWMD requirements.
Parks and Recreation: The Open Space and Recreation Element of the Comprehensive Plan
indicate in its conclusion that "The City will have sufficient recreation facilities at build-out to
meet the adopted standards': A park impact fee is collected to offset any impacts that individual
projects may have on the City's recreational facilities. Pursuant to Land Development
Regulations (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.
Schools: A finding of School Concurrency will be required from the School District of Palm
Beach County with future residential development within the corridor, No concerns are noted at
this time.
Solid Waste: The Solid Waste Authority has indicated that its facilities have sufficient capacity to
handle all development proposals till the year 2021, thus a positive finding with respect to this
level of service standard can be made,
Thus, positive findings can be made at this time with regard to concurrency for all services and
facilities,
· Consistency - As noted below the rezoning request is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan. Further a
finding of overall consistency may be made even though the action will be in conflict
with some individual performance standards contained within Article 3.2, provided
that the approving body specifically finds that the beneficial aspects of the proposed
project (hence compliance with some standards) outweighs the negative impacts of
identified points of conflict.
A review of the Goals, Objectives and Policies of the Comprehensive Plan was
conducted and the following is applicable to this rezoning action:
Future Land Use Element Obiective A-5 The City shall maintain its Land Development
Regulations, which shall be regularly reviewed and updated, to provide streamlining
of processes and to accommodate planned unit developments (PUD), mixed-use
developments, and other innovative development practices.
These rezonings involve the application of a newly created mixed use zoning designation
which promotes a mixed of office, support commercial, and a diversity of housing within the
Congress Avenue corridor.
Future Land Use Element Policy A-1.9 The City shall create an overlay district for the
Congress Avenue Corridor and the Land Development Regulations shall be modified
to facilitate and encourage the development of Class A corporate offices within the
district.
While this is not an overlay district it accomplishes the same goals i.e. introducing mixed use
development potential to the corridor. The creation of a mixed use land use map category and
applying a new zoning designation is a much cleaner way to achieve this goal.
Future Land Use Element Obiective A-7 To encourage the provision of workforce
housing in the City, the following policies shall be implemented.
3
P & Z Staff Report - January 22, 2007 Meeting
MROC Rezoning (Congress Avenue Corridor)
HousinQ Element Obiective B-2 Redevelopment and the development of new land
shall result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet the
housing needs identified in this Element. Policies which will implement this objective
include:
The introduction of housing options to this corridor presents a great option to provide a variety of
housing types with an emphasis on workforce and transit oriented housing.
These rezonings also implements the adopted Florida Public Officials Design Institutes report
recommendations to establish a corridor overlay district to encourage mixed use development
with commercial or office on the ground floor and residential above utilizing new urbanism
design elements.
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject properties contain general office uses, governmental office uses, industrial type
uses, commercial uses and vacant land. Redevelopment of these properties will occur in a
manner which is compatible with the prevailing commercial corridor. Redevelopment under this
new zoning designation will also fulfill remaining land use needs Le. Class A office space along
with a diversity of housing including a transit orientated and workforce housing component.
This redevelopment will also support development of mix of commercial and research and
development type uses which are identified within the Comprehensive plan as the most needed
in the City as we approach build out (Future Land Use Element Policy A1.3).
Section 3.2.2 (Standards for RezoninQ Actions): Standards A, B, C and E are not
applicable. The applicable performance standards of Section 3.2.2 is as follows:
(D) That the rezoning shall result in allowing land uses which are deemed compatible
with adjacent and nearby land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
The following table identifies the zoning designations and uses that are adjacent to the subject
property:
Zonina Desianation:
Use:
North:
General Commercial (GC), Planned Commercial
(PC), and Medium Density Residential (RM)
Open Space (OS), Open Space and Recreation
(OSR), and Industrial (I)
1-95 Corridor
Open Space Recreation (OSR), Open Space
(OS), Planned Commercial (PC), Residential
Medium Density (RM)and Single Family
Residential (R-1 A)
Shopping Plaza, Gas Station, and
Multifamily Residential Uses
Golf Course, Park, and Hardrives
South:
East:
West:
Transportation Corridor
Golf Course, Park, Shopping
Center, and Single and Multifamily
Residential Uses.
4
P & Z Staff Report - January 22, 2007 Meeting
MROC Rezoning (Congress Avenue Corridor)
The proposal will rezone 225.50 acres from MIC (Mixed Industrial and Commercial), POC
(Planned Office Center), CF (Community Facilities), PC (Planned Commercial), and PCC
(Planned Commerce Center) to MROC (Mixed Residential Office and Commercial), This district
will allow a wide range of uses including Class A office development, general retail uses
including direct support services and other retail uses and multifamily development. Given the
potentially wide range of uses that can be accommodated under the new zoning designation,
compatibility with similar adjacent uses is anticipated. Further, individual development
proposals will be reviewed for compatibility during the processing of the Master Development
Plans and the related site plans. Based upon the above, positive findings with regard to LDR
Section 3,2.2(D) can be made.
· Compatibility - The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The mixed use corridor currently contains a mix of commercial, industrial, and office uses. To
the east the corridor abuts Interstate 95, to the north and south other commercial! office uses
within the City of Delray and Boca Raton, ands to the west by a mix of open space (Golf Course
and Delray Oaks preserve) one single family subdivision and medium density housing. The
related zoning district which will be applied to this land use category will promote Class A office
and additional residential development. The introduction of these uses will be more compatible
than the uses currently allowed. Internal compatibility between the mixes of uses will be
addressed through the master plan process required in the new zoning district. Based upon the
above, the proposed rezoning action is compatible with the existing and future land uses of the
surrounding area, and a positive finding with respect to compatibility can be made.
· Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
All future development within the mixed use corridor shall comply with the proVIsions and
requirements of the Land Development Regulations. Compliance with the Land Development
Regulations will be further addressed with review of the master plan and site plan required by
the new zoning district regulations.
Section 2.4.5{Dl (5) (RezoninQ FindinQs):
Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Chapter 3, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the following:
a. That the zoning had previously been changed, or was originally established, in error;
b. That there has been a change in circumstances which make the current zoning
inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicable reasons for this rezoning are Band C.
Reason B is met as there has been a change in circumstances which makes the current zoning
categories inappropriate. The City's Comprehensive Plan and the Florida Public Officials Design
Institutes report clearly change the development direction of the entire Congress Avenue
5
P & Z Staff Report - January 22, 2007 Meeting
MROC Rezoning (Congress Avenue Corridor)
Corridor. These rezoning changes are necessary to bring the zoning designations and the
corridors future development potential consistent with the Comprehensive Plan's direction.
Reason C has also been met as the requested zoning will be of similar intensity as allowed
under the Future Land Use Map categories that currently exist on the site. However, while
potential intensity levels may not increase, the mix of uses will change to a much more
desirable mix of uses that are consistent with the objectives and policies of the Comprehensive
Plan.
Therefore, as each of these reasons for approving a change is met, this rezoning to MROC
should be approved.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
Neighborhood Advisory Council
PROD
President's Council
Delray Oaks
Sabal Pines East
Crosswinds
Andover
Oakmont
Sabal Pines South
Public Notice:
Formal public notice has been provided to the affected property owners as well as property
owners within a 500' radius of the subject property. Letters of support and objection, if any, will
be presented at the Planning and Zoning Board meeting.
These rezoning further the polices in the Comprehensive Plan which call for the creation of an
overlay district for the Congress Avenue Corridor to facilitate and encourage development of
Class A Corporate office space (Future Land Use Element Policy A1.9). The amendment
also implements Comprehensive Plan Future Land Use Element Objective A-5 which
encourage creation of mixed use developments and Housing Element policies that encourage
providing diverse housing opportunities Le. workforce housing, and transit orientated housing
through innovative development practices, The amendments also implement the adopted
Florida Public Officials Design Institutes report recommendations to establish a corridor overlay
district to encourage mixed use development with commercial or office on the ground floor and
residential above utilizing new urbanism design elements.
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission of the City initiated rezoning
from MIC (Mixed Industrial and Commercial), POC (Planned Office Center), CF
(Community Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center)
to MROC (Mixed Residential Office and Commercial) for properties generally located south
of West Atlantic Avenue between Congress Avenue and 1-95 south to the City limits
6
P & Z Staff Report - January 22, 2007 Meeting
MROC Rezoning (Congress Avenue Corridor)
including the Office Depot, Congress Park, and Congress Park South office complexes by
adopting the findings of fact and law contained in the staff report, and finding that the
request is consistent with the Comprehensive Plan and meets the criteria set forth in
Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission of the City initiated rezoning
from MIC (Mixed Industrial and Commercial), POC (Planned Office Center), CF
(Community Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center)
to MROC (Mixed Residential Office and Commercial) for properties generally located south
of West Atlantic Avenue between Congress Avenue and 1-95 south to the City limits
including the Office Depot, Congress Park, and Congress Park South office complexes
upon failure to adopt the findings of fact and law contained in the staff report, and finding
that the request is inconsistent 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,
Move a recommendation of approval to the City Commission of the City initiated rezoning from
MIC (Mixed Industrial and Commercial), POC (Planned Office Center), CF (Community
Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center) to MROC (Mixed
Residential Office and Commercial) for properties generally located south of West Atlantic
Avenue between Congress Avenue and 1-95 south to the City limits including the Office Depot,
Congress Park, and Congress Park South office complexes by adopting the findings of fact and
law contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3,1.1 and 3.2.2 of
the Land Development Regulations.
Attachment:
. LocationlZonin9 Map
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CONGRESS AVENUE MIXED RESIDENTIAL OFFICE
AND COMMERCIAL (MROC) ZONING DISTRICT
- CONGRESS AVENUE CORRIDOR LOCATION MAP-
CITY OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
- - DIGITAL BASE MAP SYSTEM --
MAP REF: LM952
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM ~ J D. J) - REGULAR MEETING OF FEBRUARY 6,2007
ORDINANCE NO. 79-06
TO:
SUBJECT:
DATE:
FEBRUARY 2, 2007
This ordinance is before Commission for second reading and quasi judicial hearing for a privately
initiated rezoning from GC (General Commercial) to AC (Automotive Commercial) for a 6.28 acre
property (formerly the Ralph Buick Dealership), located at the northeast comer of South Federal
Highway and Fladel1's Way.
At the first reading on December 5, 2006, the Commission passed Ordinance No. 79-06.
Recommend approval of Ordinance No. 79-06 on second and final reading.
S:\City C1erk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 79-06 Ralph Buick Dealership Rezoning 2nd Reading 0206.07.doc
~
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER -,J /J 1-1
<//I~N~~\ ~
PAUL DORLlNG, DIRECTOR 0 PLA G 0 ZONING
DERRICK L. COOK, PLANNE
MEETING OF DECEMBER 5, 2006
CONSIDERATION OF A PRIVATELY SPONSORED REZONING FROM GC
(GENERAL COMMERCIAL) TO AC (AUTOMOTIVE COMMERCIAL) FOR A
6.28 ACRE PARCEL LOCATED ON THE EAST SIDE OF FEDERAL HIGHWAY
AND THE WEST SIDE OF FLORIDA BOULEVARD (FORMERLY THE RALPH
BUICK DEALERSHIP).
The 6.28 acre property is the former location of the Ralph Buick auto dealership which occupied
the site since October 1, 1972. In October 2005, a rezoning request was submitted by New
Century Development Group for rezoning of the property from AC (Automotive Commercial) to
GC (General Commercial). The purpose of the rezoning was to allow for the establishment of a
mixed-use development consisting of 13,781 square feet of retail floor area, 13,900 square feet
of office floor area, 16 condominium dwelling units, and 59 townhouse dwelling units. On
January 3, 2006, the City Commission approved the rezoning of the property from AC to GC. A
conditional use for the stand-alone townhome component of the project was approved by the
City Commission at its April 4, 2006 meeting. The Site Plan Review and Appearance Board
(SPRAB) approved the Class V site plan to establish the Royal Palm Club project on April 24,
2006.
The applicant has requested that the property be rezoned back to its original zoning of AC,
because the approved Royal Palm Club project will not be developed.
At its meeting of November 20, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the AC rezoning request. There were two people from the public that spoke in
support of the rezoning. After reviewing the staff report and discussing the proposal, in the
absence of Mr. Gary Eliopoulos, Mr. Chuck Halberg, and Mr, Nelson McDuffie, the Board voted
4-0 to recommend approval of the rezoning request to the City Commission, by adopting the
findings of fact and law contained in the staff report, and finding that the request is consistent
with the Comprehensive Plan, and meets the criteria set forth in Sections 3,1.1, 3.2.2, and
2.4,5(D)(5) of the Land Development Regulations.
Approve on first reading Ordinance 79-06 for a rezoning from GC to AC, by adopting the
findings of fact and law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections
3.1,1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations, with second reading to
occur on January 2, 2007,
Attachments:
Proposed Ordinance & Planning and Zoning Board Staff Report of November 20, 2006
12.lt
ORDINANCE NO. 79-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GENERAL COMMERCIAL (GC) DISTRICT TO
AUTOMOTIVE COMMERCIAL (AC) DISTRICT; SAID LAND BEING
A PARCEL LOCATED AT THE NORTHEAST CORNER OF SOUTH
FEDERAL HIGHWAY (U.S. HIGHWAY NO.1) AND FLADELL'S
WAY (AVENUE "F"), AS MORE 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 Dekay Beach, Florida, dated March 2006, as being zoned General Commercial (GC) District;
and
WHEREAS, at its meeting of November 20, 2006, the Planning and Zoning Board for the City
of Dekay Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and further
the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Dekay Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Dekay Beach finds the ordinance is consistent
with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Dekay Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same
is hereby amended to reflect a zoning classification of Automotive Commercial (AC) District for the
following described property:
Lots 12 through 22, inclusive, less the West 38 feet thereof, Block 22; Lots 23 through 33,
inclusive, Block 22; all of Block 23, less the West 38 feet thereof; Lots 1 through 10 inclusive,
and Lots 57 through 66, inclusive, Block 35; and Lots 12 through 33, inclusive, Block 36, all
lying in Del-Raton Park, according to the plat thereof as recorded in Plat Book 14, Page 9,
Public Records of Palm Beach County, Florida.
Together With
That portion of Frederick Boulevard lying adjacent to and East of the East line of Lots 11
through 20, Block 23, and Lots 23 through 33, Block 22, and adjacent to and west of the west
line of Lots 1 through 10, Block 35, and Lots 12 through 22, Block 36, of "Del-Raton Park",
according to the Plat thereof as recorded in Plat Book 14, Page 9, Public Records of Palm
Beach County, Florida.
Together With
That part of the right-of-way of Avenue "E", according to the Plat of "Del-Raton Park"
recorded in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida, said part
being bounded as follows: On the west by the present easterly right-of-way of US Highway
No.1 (S.R. 5); on the East by the westerly right-of-way line of Florida Boulevard; as shown on
said plat; on the North by Blocks 22 and 36 of said plat by a portion of the abandoned right-of-
way of Frederick Boulevard; on the south by Blocks 23 and 35 of said plat and by a portion of
the abandoned right-of-way of Frederick Boulevard.
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date
of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the
provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
2
ORD NO. 79-06
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_.
ATIEST:
MAYOR
City Clerk
First Reading
Second Reading
3
ORD NO, 79-06
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
November 20,2006
V.B.
---STAFF REPORT---
Rezoning from GC (General Commercial) to AC (Automotive Commercial) for a
6.28 acre Parcel of Land Located on the northeast corner of South Federal
Highway and Fladell's Way, formerly Ralph Buick Dealership.
GENERAL DATA:
Owner...,....,..........................., Zoberman, LLC
Agent...................................... Weiner & Aronson, P.A.
Applicant...,..",."..................... Zoberman, LLC
Location,..............................,.. Northeast corner of South Federal
Highway and Fladell's Way
Property Size........,................. 6,28 Acres
Land Use Map Designation.... General Commercial
Existing City Zoning................ GC (General Commercial)
Proposed City Zoning............. AC (Automotive Commercial)
Adjacent Zoning...........,North: PC (Planned Commercial)
East: RM (Medium Density Residential)
South: SAD (Special Activities District)
West: AC (Automotive Commercial)
Existing Land Use......,..,........ Vacant buildings
Proposed Land Use................ Rezoning of the parcel from GC to
AC
Water Service......................... Available via connection to an
existing 16" and 10" water main
within Florida Boulevard,
Sewer Service.............,.......... Available via connection to an
existing 8" sewer main within
Florida Boulevard.
Ill!
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LA-MA T AVENUE
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The action before the Board is making a recommendation to the City Commission on a
privately-initiated rezoning from GC (General Commercial) to AC (Automotive Commercial),
pursuant to LDR Section 2.4.5(D),
The subject property is located on the east side of Federal Highway and the west side of Florida
Boulevard at 1020 South Federal Highway and contains 6.28 acres.
Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to the
rezoning of any property within the City.
The 6.28 acre property is the former location of Ralph Buick auto dealership which occupied the
site since October 1, 1972, in four separate buildings.
In October 2005 a rezoning request was submitted by New Century Development Group, At its
November 11, 2005 meeting, the Planning and Zoning Board recommended approval of
rezoning of the property from AC (Automotive Commercial) to GC (General Commercial). On
January 3, 2006, the City Commission approved the rezoning of the property from AC to GC,
The approval of the rezoning was to allow for the establishment of a mixed-use development,
which was to be known as Royal Palm Club that consisted of 13,781 square feet of retail floor
area, 13,900 square feet of office floor area, 16 condominium dwelling units, and 59 townhouse
dwelling units. The commercial component of the development faced Federal Highway and the
townhome uses faced Florida Boulevard adjacent to the residential uses east (rear) of the
property. The stand-alone townhome component is a conditional use within the GC district, and
was approved by the City Commission at its April 4, 2005 meeting. At its April 24, 2005 meeting,
the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan to
establish the Royal Palm Club project.
""~'~.' '", , ^'
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The proposed development by New Century Development Group is no longer being considered
and the owner of the property is seeking to reestablish the automotive dealership use, As auto
dealerships are not allowed use under the GC zoning designation, a rezoning to AC is being
requested.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body which has the authority to approve or deny
the development application. These findings relate to the Future Land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the Land
Development Regulations.
P & Z Staff Report - November 20, 2006 Meeting
Ralph Buick Rezoning - GC to AC
Page 2
FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future Land Use Map.
The subject property has a Future Land Use Map (FLUM) designation of GC (General
Commercial) and is currently zoned GC (General Commercial). The proposed AC zoning
designation (Automotive Commercial) is consistent with the GC Future Land Use Map
designation, and the AC zoning category allows automotive related uses. Based upon the
above, positive findings can be made with respect to Future Land Use Map Consistency.
Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use
Element of the Comprehensive Plan must be met and a determination made that the public
facility needs of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements in order to maintain the Levels of Service Standards established in Table CI-
GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach.
The proposal involves amending the zoning designation from GC to AC. The current zoning of
GC allows a great variety of uses; however none of these uses have been established, The last
use for the property was the Ralph Buick dealership, which has occupied the site within the last
five years. For concurrency purposes, an. analysis of the last use and the proposed use under
AC would represent similar intensities. When directly comparing the approved use or other uses
allowed under the GC versus those allowed under the AC, a net reduction in intensity is likely,
Thus, concurrency standards will not be negatively impacted. Concurrency findings with respect
to Water and Sewer, and Traffic are further discussed below:
Water & Sewer: Water and sewer service is currently available to the subject property. The
Delray Beach Water Treatment Plant and the South Central County Waste Water Treatment
Plant both have adequate capacity to serve the City at build out. An existing 16" water main
exists along Federal Highway and a 10" water main along Florida Boulevard, An 8" sewer main
is also available along Florida Boulevard. Based upon the above, positive findings can be made
with respect to this level of service standard.
Traffic: The last use for the property was Ralph Buick dealership, which occupied the site
within the last five years. For traffic concurrency purposes, the last use, if active within the last
five years, is the vested development potential for the site. The reestablishment of the
dealership use at its original intensity would result in no concurrency issues, If redevelopment of
the dealership at a greater intensity is proposed, a traffic study would be required with the
related site plan submittal.
Consistency: A finding of overall consistency may be made even though the action will
be in conflict with some individual performance standards contained within Article 3.2,
provided that the approving body specifically finds that the beneficial aspects of the
proposed project (hence compliance with some standards) outweighs the negative
impacts of identified points of conflict.
Section 3.2.2 (Standards for RezoninQ Actions): Standards A and B are not applicable.
The applicable performance standards of Section 3.2.2 are as follows:
(C) Zoning changes that would result in strip commercial development shall be
avoided. Where strip commercial zoning developments or zoning currently exists
along an arterial street, consideration should be given to increasing the depth of
the commercial zoning in order to provide for better project design.
P & Z Staff Report - November 20, 2006 Meeting
Ralph Buick Rezoning - GC to AC
Page 3
(D) That the rezoning shall result in allowing land uses which are deemed compatible
with adjacent and nearby land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
The following table identifies the zoning designations and uses that are adjacent to the subject
property:
Zonina Desianation:
Use:
South:
Planned Commercial (PC) and Medium
Density Residential (RM)
Special Activities District (SAD) and Medium
Density Residential (RM)
Medium Density Residential (RM)
Automotive Commercial (AC)
Shopping Plaza and Residential
North:
East:
West:
Commercial and Single and Multi-
Family Developments
Multi-Family Developments
Automobile Dealerships
The proposal will rezone 6.28 acres from GC to AC. Since the FLUM designation for the
proposed rezoning property and the surrounding areas to the west, north, and south is GC,
there are no compatibility issues, However to the east (rear), the property is adjacent to
residential uses, The reestablishment of the automotive dealership creates some concerns with
respect to compatible with the residential use, specifically as it relates to noise, Within the AC
zoning district auto repair is allowed as an accessory use with an automotive dealership use.
The repair shop element of an auto dealership would produce noises which could adversely
impact the residential area, Many dealerships also have outside public announcement systems
for paging purposes. As it relates to the Ralph Buick facility, the public announcement
mechanism was previously removed at the request of the abutting residential community to
alleviate to noise impact. With the reestablishment of the use, these issues must be reviewed
and steps taken to minimize any adverse impact. The AC designation will allow the
reestablishment of this use which has occupied the site for many years and with sensitive site
planning should not adversely affect the surrounding properties that consist of other commercial
uses to the north, south, west and primarily multiple family developments to the east. Based
upon the above, positive findings with regard to LDR Section 3.2.2(D) could be made.
Section 2.4.5{D)(5) (Rezonino Findinos):
Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Chapter 3, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the following:
a. That the zoning had previously been changed, or was originally established, in
error;
b. That there has been a change in circumstances which make the current zoning
inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant has submitted a justification statement, which states the following:
P & Z Staff Report - November 20,2006 Meeting
Ralph Buick Rezoning - GC to AC
Page 4
Reason A is met. The zoning has been previously changed from AC to GC by a Contract
Vendee. However, that Contract Vendee has decided not to purchase the property so the owner
is seeking to rezone the property back to its original AC zoning.
Reason B is also met as there has certainly been a change in circumstances which makes the
current zoning GC inappropriate, The residential market has clearly changed throughout the
south Florida and Delray Beach so that current zoning, permitted residential units, is no longer
appropriate.
Reason C has also been met because the requested zoning if of similar intensity as allowed
under the Future Land Use Map and is more appropriate for the property based upon the
circumstances particular to the site and the neighborhood. The current site is currently a vacant
automotive dealership. Policy A-2.4 of the Future Land Use Element of the Comprehensive Plan
indicates that automobile uses are significant land uses within the City. Objective A-1 of the
Future Land Use Element of the Comprehensive Plan states that properly shall be redeveloped
in a manner so that the use and intensity is appropriate and complimentary to adjacent land
uses and fulfills remaining land use needs. An A C zoning designation would be complimentary
to the surrounding auto dealers.
Additionally, the requested zoning of AC is similar intensity as allowed under the Future Land
Use Map. In fact, the Future Land Use Map designation of GC is consistent with AC zoning
district. This, an AC zoning designation is appropriate for the property based upon the
circumstances particular to the site and/or neighborhood.
Therefore, as each of these reasons for approving a change are met, this rezoning to AC should
be approved.
While an argument can be made that A has been met, that does not apply to B. General
Commercial allows many uses other than residential, therefore, arguments narrowly focused on
the state of the residential market are irrelevant. With respect to reason C, while the use may be
of similar intensity and compatible with the adjacent dealerships, it continues to be a concern as
it relates to the adjacent residential uses to the east.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and policies are noted.
COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the
adopted Comprehensive Plan was conducted and the following applicable objectives and
policies are noted:
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate in terms of soil, topographic
and other applicable physical considerations; is complimentary to adjacent land uses;
and fulfills remaining land use needs.
The proposed AC zoning will be complementary with the current uses to the north, south, and
west of the property, which consist of commercial uses, Even though the properties to the east
are residentially zoned and contain several residential uses, they are buffered by a landscape
strip, a masonry wall, and Florida Boulevard which helps mitigate the commercial impact of the
AC. Additional mitigation measures would be reviewed during the site plan approval process.
P & Z Staff Report - November 20,2006 Meeting
Ralph Buick Rezoning - GC to AC
Page 5
Policy A-2.4: Automobile uses are a significant land use within the City and as such they
have presented unique concerns. In order to properly control these uses and guide them
to locations which best suit the community's future development, the following apply:
4) Automobile dealerships shall be directed in the following areas:
. North of George Bush Boulevard, between Federal and Dixie Highway;
. East side of Federal Highway north of the north property line of the Delray Swap
Shop/Flea Market;
. South of Linton Boulevard, between Federal and Dixie Highway;
. Between the one-way pairs (Federal Highway), from S.E. 4th Street to S.E. 10th
Street; and from N.E. 5th Street to George Bush Boulevard;
. On the north side of Linton Boulevard; between 1-95 and S.W. 10th Avenue, and
Wallace Drive.
The proposed rezoning of the property to AC does not meet this City's Comprehensive Plan
Policy to guide AC uses to specific locations, This property is located south of Linton Boulevard
but not between Federal Highway and Dixie Highway. When the Comprehensive Plan Policy
was adopted, the property contained a long standing auto dealership. The intent of the policy
was to prevent further introduction of AC uses east of Federal Highway and probably to prevent
the expansion of existing dealerships in the area. Even though the property does not meet this
criterion, it does meet other elements of the Comprehensive Plan as it relates to consistency. A
finding of consistency can be made with partial compliance with some Objective, Policies, and
Goals. Given the long utilization of the property for this use and that no additional expansion
(land use) is proposed, it appears appropriate to allow the AC zoning designation to be
reestablished,
Courtesy Notices:
Courtesy notices have been sent to the following homeowner's and/or civic associations:
Neighborhood Advisory Council
Progressive Residents of Delray (PROD)
Presidents Council
Ms. Joann Bordelon, Campbell Management, Tropic Bay Condo
Mr. Tom Southerland, Tropic Bay
Mr. Jim Murray, Tropic Bay
Mr, Charles Nunes, Pelican Harbor
Mr. Harvey Starin, Pelican Harbor
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property, Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
P & Z Staff Report - November 20, 2006 Meeting
Ralph Buick Rezoning - GC to AC
Page 6
The proposed rezoning from GC to AC is consistent with most of the goals, objectives and/or
policies of the City's Comprehensive Plan, and LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2(D).
Positive findings can be made with respect to Concurrency and Compatibility with the
surrounding land uses.
With regard to LDR Sections 2.4.5(D)(5) and 3.2.2 (C) and (D), the proposed rezoning of the
subject property to AC is appropriate. The subject property is located within an area containing
mixed-use of commercial, residential, and automotive uses. Both the current zoning of GC and
the proposed rezoning of AC are appropriate zoning designation for the property based on the
FLUM designation of GC. The AC rezoning would allow the reestablishment of the long standing
auto dealership, which has operated within the last five years and it will be consistent with the
Comprehensive Plan and FLUM designation of GC. Based upon the above, a recommendation
of approval can be made to the City Commission for the proposed rezoning.
_~I!f_
A. Continue with direction,
B, Move a recommendation of approval to the City Commission for the privately initiated
rezoning from GC to AC for the subject property, by adopting the findings of fact and law
contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2
of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the privately initiated
rezoning from GC to AC for the subject property, by adopting the findings of fact and law
contained in the staff report, and finding that the request is inconsistent with the
Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3,1.1
and 3.2.2 of the Land Development Regulations.
D. Board's Discretion.
_f"
Move a recommendation of approval to the City Commission for the privately initiated rezoning
from GC to AC for the subject property, by adopting the findings of fact and law contained in the
staff report, and finding that the request is consistent with the Comprehensive Plan and meets
the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
Attachments: LocationlZoning Map
Report prepared by: Derrick L. Cook, Planner
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REZONING FOR RALPH BUICK DEALERSHIP
CITY Of" DELRA Y BEACH, f"L
PLANNING clc ZONING DEPARTMENT
FROM GC ( GENERAL COMMERCIAL) TO AC ( AUTOMOTIVE COMMERCIAL)
-- DIGITAL BASE MAP SYSTEM --
MAP REf": LM885
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, FL 33444
0,-
\" "=~ I \l E: D
Ff8 062007
CITY CLERK
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: imankoff@zonelaw.com
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
SHAYNA M. REITMAN
OF COUNSEL:
ROBERT MARC SCHWARTZ, P,A.
Florida Board Certified
Real Estate Lawyer
February 6, 2007
Via Hand Delivery
Susan Ruby, Esquire
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444 .
Ms. Chevelle Nubin
City Clerk
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
City of Delray Beach
100 N W. 1st Avenue
Delray Beach, Florida 33444
Re: Ralph Buick Rezoning 'from GC to AC -- Ordinance Number 79-06
Our File No.: ZOBM002
Dear Susan, Paul and Chevelle:
We respectfully request a postponement of Item 10.0 on tonight's agenda until the City
Commission hearing of Monday, March 5, 2007. Our client's daughter is giving birth and our
client will be unable to attend tonight's hearing.
Thank you very much for your consideration on such short notice.
Jason S. Mankoff
JSM/mmi
Cc: Mr. David Ross (via regular mail)
Michael S. Weiner, Esquire
O:\ZOBM002\Letter to Susan Ruby. City Cleric Paul Dorling. Feb 6. 2007.doc
/-lem 10. D
MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGERtfYV1
AGENDA ITEM # lO. (- REGULAR MEETING OF FEBRUARY 6.2007
ORDINANCE NO. 69-06 (SECOND READING/SECOND PUBLIC
HEARING)
TO:
FROM:
DATE:
FEBRUARY 2, 2007
This ordinance is before Commission for second reading and second public hearing for a 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 21.6 acres, located between NE 4th
Street and George Bush Boulevard and extending from the FEC Railroad to approximately % block
east of NE 6th Avenue.
At the first reading on December 5, 2006, the Commission passed Ordinance No. 69-06.
Recommend approval of Ordinance No. 69-06 on second and final reading.
S:\City Oerk\AGENDA COVER MEMOS\OnIinance Agenda Memos\Ord 69~6 2nd Reading 0206.07.doc
~
FROM:
DAVID T. HARDEN, CITY MANAGER
MARK MCDONNELL, ,AIJ:P, A.C1;ING DIRECTOR OF PLANNING AND
ZONING7yl,...L -j,A~ I'J
SCOTT PAPE, AICP, SENIOR PLANNER/\J\
MEETING OF DECEMBER 5, 2006
CITY INITIATED REZONING FROM AC (AUTOMOTIVE COMMERCIAL) IN
PART AND GC (GENERAL COMMERCIAL) IN PART TO CBD (CENTRAL
BUSINESS DISTRICT) FOR PROPERTY GENERALLY LOCATED BETWEEN
NE 4TH STREET AND GEORGE BUSH BOULEVARD AND EXTENDING
FROM THE FEC RAILROAD TO APPROXIMATELY % BLOCK EAST OF NE
6TH AVENUE.
TO:
THRU:
SUBJECT:
The properties associated with the city initiated rezoning have a mixture of business and
professional offices, retail, automotive sales, and automotive repair uses. The proposed
rezoning was originally initiated in part by a private party and in part by the City. The portion
of the property (Q,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 LOR Section 2.4.5,(0)(5) (Rezoning Findings), LOR
IO.M
City Commission Documentation
Meeting of December 5, 2006
Rezoning for North Federal Highway
Page 2
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.
Move approyal 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
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: Planning and Zoning Board Staff Report of July 17, 2006 and Ordinance
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MAP REF: LM951 H
ORDINANCE NO. 69-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL)
DISTRICT IN PART AND GC (GENERAL COMMERCIAL) DISTRICT
IN PART TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND
BEING PARCELS OF LAND GENERAlLY LOCATED BETWEEN
NE 41B STREET AND GEORGE BUSH BOULEVARD AND
EXTENDING FROM THE FEC RAILROAD TO APPROXIMATELY
% BLOCK EAST OF NE 61B 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, 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 detennined 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 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 of CC (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 SUBDIVISION, 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 SUBDIVISION, 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, INCLUSIVE, 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 SUBDIVISION, 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 SUBDIVISION, 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
SUBDIVISION, 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
3
ORD NO. 69-06
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.
TOGETHER WITH THE NORTH ONE-HALF (N %) OF THAT CERTAIN AILEY
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 WES1ERLY 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 EAS1ERLY ALONG SAID
4
ORD NO. 69-06
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 14THRU 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. 61H AVENUE
(NORTHBOUND 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 DELRAY, FLORIDA, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 5, AT PAGE 3 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, LESS THE EAST 5 FEET THEREOF AND FURTHER LESS THAT
PORTION THEREOF DESCRIBED AS FOLLOWS: FROM A POINT ON THE NORTH LINE OF
SAID LOT 20, LOCATED 5 FEET WESTERLY FROM THE NORTHEAST CORNER OF SAID
LOT 20, RUN WESTERLY FOR 14.84 FEET; THENCE RUN SOUTHEASTERLY ALONG A
CURVE CONCAVE TO THE SOUTHWEST AND HAVING A 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 5 FEET WESTERLY FROM THE EAST LINE OF
SAID LOT 20; THENCE RUN NORTH 01 DEGREE 08 MINUTES 35 SECONDS WEST ALONG
SAID PARALLE LINE FOR 14.84 FEET TO POINT OF BEGINNING.
SAID EXCLUDED PARCELS WERE CONVEYED TO THE STATE OF FLORIDA FOR RIGHT
OF WAY BY DEED RECORDED IN OFFICIAL RECORDS BOOK 428, AT PAGE 93, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOTS 36 AND 37, HOFMAN ADDITION TO DELRAY, PLAT BOOK 5, PAGE 3, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE WEST 5 FEET THEREOF AND
LESS ADDITIONAL RIGHT OF WAY FOR U.S. HIGHWAY #1.
TOGETHER WITH:
LOT 2 AND THE NORTH Vz 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 DELRAY, 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.
5
ORD NO. 69-06
TOGETHER WITH:
ALL OF LOT 4, AND THE SOUTH ONE-HALF (S %) LOT 3, LESS THE EAST 10 FEET
THEREOF, HOFMAN ADDITION TO THE CITY OF DELRA Y BEACH, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT 5, AND THE NORTH ONE-HALF (N %) OF LOT 6, LESS THE EAST 10 FEET THEREOF,
THE HOFMAN ADDITION, ACCORDING TO THE PLAT THEREOF ON FILE IN THE
OFFICE OF THE CLERK IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN
PLAT BOOK 5, PAGE 3.
TOGETHER WITH:
ALL OF THE PLAT OF DUBLIN PROPERTIES I, LTD. AS RECORDED ON MAY 22,1991 IN
PLAT BOOK 67, PAGE 203, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING
IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA.
BEING A REPLAT OF A PART OF "HALLER & GROOTMAN'S SUBDIVISION" AS
RECORDED IN PLAT BOOK 5, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, CITY OF DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE SOUTH 200 FEET OF THE WEST 133 FEET OF PARCEL A, DANZANSKY PLAT,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 87 AT PAGE 28 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA..
TOGETHER WITH:
PARCEL A, LESS THE SOUTH 200 FEET OF THE WEST 133 FEET (A/K/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 %) 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
6
ORD NO. 69-06
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 BE1WEEN 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 ADOP1ED IN REGULAR SESSION ON THE lOrn DAY OF
OCTOBER, 1966, AND RECORDED ON OCTOBER 11, 1966, IN OFFICIAL RECORDS BOOK
1436, PAGE 155, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
PARCEL 3: LOT 1, BLOCK A, DRINKWATER'S ADDITION TO HIGHLAND PARK, DELRAY,
FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA,
RECORDED IN PLAT BOOK 2, PAGE 80, LESS THE EAST 10 FEET OF LOT 1, ALSO LESS A
PARCEL OF LAND IN LOT 1, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM A POINT ON THE NORTH LINE OF SAID LOT 1, LOCATED 10 FEET WESTERLY OF
THE NORTHEAST CORNER OF SAID LOT 1, RUN WESTERLY ALONG SAID NORTH LINE
FOR 14.84 FEET; THENCE RUN SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE
SOUTHWEST AND HAVING A RADIUS OF 15 FEET FOR 23.40 FEET THROUGH A
CENTRAL ANGLE OF 89 DEGREES, 23 MINUTES 00 SECONDS TO A POINT ON A LINE
PARALLEL TO AND 10 FEET WESTERLY FROM THE EAST LINE OF SAID LOT 1; THENCE
RUN NORTH 1 DEGREE 08 MINUTES 05 SECONDS WEST ALONG SAID PARALLEL LINE
FOR 14.84 FEET TO THE POINT OF BEGINNING; TOGETHER WITH IMPROVEMENTS
THEREON.
TOGETHER WITH:
LOT 2, LESS THE EAST 10 FEET THEREOF BLOCK "A", DRINKWATER'S ADDITION TO
HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
2, PAGE 80 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE WEST 10 FEET OF THE EAST 20 FEET OF LOT 3, BLOCK A, DRINKWATER'S
ADDITION TO HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED
7
ORD NO. 69-06
IN PLAT BOOK 2, PAGE 80, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
LOTS 4 THROUGH 7, INCLUSIVE, BLOCK "A", LESS THE EAST 10 FEET THEREOF,
DRINKWATER'S ADDITION TO HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 2, PAGE 80, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
TOGETHER WITH:
LOT 8 AND 9, LESS THE EAST 10 FEET THEREOF, FOR ROAD RIGHT OF WAY AND ALSO
LESS THAT PORTION OF LOT 9 FOR ADDITIONAL RIGHT OF WAY, AS SHOWN IN STATE
ROAD RIGHT OF WAY MAP RECORDED IN ROAD PLAT BOOK 2, PAGE 215, AIL 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.
TOGETHER WITH:
LOTS 19, 20, 21, 22, 23, 24 AND 25 OF HALLER AND GROOTMAN'S SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 4, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; LESS THAT PORTION THEREOF
TAKEN FOR ROAD WIDENING AS SHOWN ON STATE OF FLORIDA STATE ROAD
DEPARTMENT RIGHT-OF-WAY MAP-SECTION No. 9301-206, ROAD No.5 (U.S. HIGHWAY
No.1) SHEET 5 OF 6; AND LESS THEREFROM THE FOllOWING DESCRIBED PROPERTY:
A PARCEL OF LAND IN LOT 19, HAllER AND GROOTMAN'S SUBDIVISION, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, AT PAGE 4, PALM BEACH
COUNTY PUBLIC RECORDS, MORE 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 RADIUS OF 15 FEET FOR 23.72 FEET
THROUGH A CENTRAL ANGLE OF 90037'00" TO A POINT ON A LINE PARALLEL TO AND
5 FEET EASTERLY FROM THE WEST LINE OF SAID LOT 19; THENCE RUN NORTH
01008'35" WEST ALONG SAID PARALLEL LINE FOR 15.16 FEET TO THE POINT OF
BEGINNING.
TOGETHER WITH:
8
ORD NO. 69-06
LOTS 26 AND 27, HAILER 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.
9
ORD NO. 69-06
\
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
July 17, 2006
IV.B.2.a
Privately And City Initiated Future Land Use Map (FLUM) Amendment From
GC (General Commercial) To CC (Commercial Core) And Rezoning From
AC (Automotive Commercial) In Part And GC (General Commercial) In Part
To CBD (Central Business District) For Property Generally Located Between
NE 4th Street And George Bush Boulevard And Extending From The FEC
Railroad To Approximately % Block East Of NE 6th Avenue.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Applicant................................... New Urban Communities &
City of Delray Beach
Location...................................... Between NE 4th Street And
George Bush Boulevard And
Extending From The FEC
Railroad To Approximately %
Block East Of NE 6th Avenue.
Property Size.............................. 23.20 Acres
Future Land Use Map................ GC (General Commercial)
Proposed FLUM........................ CC (Commercial Core)
Current Zoning............................ GC (General Commercial) &
AC (Automotive Commercial)
Proposed Zoning........................ CBD (Central Business
District)
Adjacent Zoning................North: GC (General Commercial)
East: RM (Multiple Family
Residential - Medium
Density) & CF (Community
Facilities)
. South: CBD
West: RO (Residential Office)
Existing Land Use...................... Commercial/Office/Auto-
mobile Repair and Sales
Proposed Land Use.................... A Development Proposal Has
Not Been Submitted.
Water Service............................. Existing.
Sewer Service... ...... .......,.. .......... Existing.
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IV.B.2.a
The action before the Board is that of making a recommendation to the City
Commission on a privately and City initiated Future Land Use Map (FLUM) Amendment
from GC (General Commercial) to CC (Commercial Core) and rezoning from AC
(Automotive Commercial) in part and GC (General Commercial) in part to CBD (Central
Business District) for property generally located between NE 4th Street and George
Bush Boulevard and extending from the FEC Railroad to approximately % block east of
NE 6th Avenue.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to FLUM and Rezoning Amendments for any property within the City.
The properties (see attached location map) associated with the privately and city
initiated FLUM and rezoning have a mixture of business and professional offices, retail,
automotive sales, and automotive repair uses and consist of 23.20 acres. The
applicant for the privately initiated portion proposes to redevelop the existing site of an
auto dealership. The City initiated portion of this action is to extend the area under
consideration to be contiguous with the CBD district
This Future Land Use Map Amendment is being processed pursuant to the twice a year
statutory limits for consideration of plan amendments (F.S. 163.3187) as part of
Comprehensive Plan Amendment 2006-01.
LOR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approyal of Land Use
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written
materials submitted by the applicant, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
Future Land Use Map: The resulting use of land or structures must be allowed in
the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future land
Use Map.
The City has not received a development proposal for either the privately or City
initiated portions of the area. Therefore, compliance with the Future Land Use Map will
need to be considered on a case-by-case basis when individual development proposals
Planning and Zoning Board S., Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 2
are submitted within this area. It is noted that the applicant has indicated that a mixed-
use project is being considered for the a.c. Taylor property that will consist of 30,000
square feet of commercial floor area and 95 residential units on the 3.1885 acre parcel.
This development would have a density of 30 dwelling units per acre, which is
considered an allowed use in the CBO zoning district.
The remaining required findings of LOR Section 3.1.1, Concurrency, Comprehensive
Plan Consistency and Compliance with the Land Development Regulations are
discussed below.
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
(FLUM) must be based upon the findings listed below, and must be supported by
data and analysis that demonstrate compliance with these findings:
o Demonstrated Need -- That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, annexation into the municipal
boundaries, or similar circumstances. The need must be supported by data
and analysis yerifying 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 S... Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 3
. Direct smaller business operations to more concentrated areas;
. Provide economic stimulation and investment in the area;
. Creation of jobs;
. Stabilize and preserve the residential neighborhoods through new development,
beautification, redevelopment, and the elimination of blight;
. Eliminate slum and blight through acquisition of properties.
The applicant of the privately initiated FLUM and rezoning has submitted the following
narrative in support of the proposed changes:
"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
Planning and Zoning Board 5. Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal rlighway
Page 4
constructed in 1991, the only other redevelopment activity to occur has been the Publix
complex (completed in 2001). As this area serves as the gateway to the downtown,
special attention to this area is needed. The proposed FLUM amendment and rezoning
will facilitate the elimination of the inappropriate land uses and expedite redevelopment.
Since this Comprehensive Plan policy is furthered by the proposed FLUM amendment,
a positive finding can be made with respect to fulfilling a demonstrated need.
o Consistency -- The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan.
As stated above, the proposal is consistent with the goals, objectives and policies of
the City's Comprehensive Plan as it relates to Future Land Use Element Policy C-
1.4. In addition to the above, the proposed amendment is consistent with following
applicable Goals, Objectives and Policies of the adopted Comprehensive Plan:
Future Land Use Element Obiective A-2 To reduce, and eventually eliminate,
uses which are inconsistent with the character of the City of Delray Beach, or which
are inconsistent with predominant adjacent land uses, and to ensure compatibility of
future development....
The proposed designation will promote the elimination of the existing auto
dealership and redevelopment of the properties which will be consistent with and
complementary to existing and future development envisioned for the area.
Future Land Use Element Policy A-1.2 - Zoning changes which would result in
strip commercial development shall be avoided. Where strip commercial
developments or zoning currently exists along an arterial street, consideration
should be given to increasing the depth of the commercial zoning in order to provide
for better project design.
The proposed rezoning to CBD will encourage the development of mixed use and
residential projects by increasing the allowed density.
HousinQ Element Policv 8-2.6 Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to
help stimulate demand for new housing in and around the Central Business District,
the development of new rental housing projects outside of the TCEA, N. Federal
Highway, and Lindell/Federal Highway area (formally Redevelopment area #6) is
discouraged.
The proposed FLUM amendment will facilitate redevelopment to accommodate
housing in close proximity to employment opportunities and services in the
downtown and along North Federal Highway.
o Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
Planning and Zoning Board S Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 5
The non-residential development potential of the subject properties are essentially
the same under both the GC and CC FLUM designations. The proposed zoning
change to CBD will result in a slight reduction in the intensity of development versus
the GC zoning district given the more restrictive setback requirement.
City facilities such as water, sewer, and drainage have sufficient capacity to
accommodate development of this area at the potential development intensity
allowed under the proposed CC FLUM designation. Similarly, solid waste can be
accommodated by existing County facilities. With regard to traffic, trips generated
under both the existing GC and proposed CC FLUM designations will accommodate
the same intensity. The residential density increase from 12 units per acre to a
maximum of 30 units per acre is exempt from Palm Beach County Traffic
Performance Standards Ordinance, given the properties are located east of 1-95.
The Open Space and Recreation Element of the Comprehensive Plan states in its
conclusion that "The City will have sufficient recreation facilities at build-out to meet
the adopted standards". A park impact fee is collected to offset any impacts that
individual projects may have on the City's recreational facilities. Pursuant to LDR
Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to
issuance of a building permit for each residential unit. The School Concurrency
Application and Service Provider Form has been transmitted to the School District of
Palm Beach County. No problems are anticipated with obtaining a finding of
concurrency from the School District.
Thus, positive findings can be made at this time with regard to concurrency for all
services and facilities.
o Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The requested CC FLUM designation will be compatible with existing and future
land uses of the surrounding area and is an extension of the existing downtown
designations along the North Federal Highway corridor as was directed by the
Comprehensive Plan and the North Federal Highway Redevelopment Plan. As
previously stated the FLUM amendment and rezoning for these properties generally
involve the change in zoning from one commercial zoning designation to another
with the same commercial development potential. The additional residential density
will provide an incentive for redevelopment and ultimate revitalization of this area.
The proposal does not expand the commercial boundaries from those that currently
exist.
Based upon the above, the proposed FLUM amendment and Rezoning to CBD are
compatible with the existing and future land uses of the surrounding area, and a
positive finding with respect to compatibility can be made.
o Compliance -- Development under the requested designation will comply with
the provisions and requirements of the land Development Regulations.
Planning and Zoning Board 5 Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 6
As noted previously, a development proposal has not been submitted with the
proposed FLUM and rezoning request. Future redevelopment of the land will occur
in accordance with the City's Land Development Regulations during the site plan
review process. Given the above, a positive finding with respect to compliance with
the Land Development Regulations can be made.
REQUIRED FINDINGS (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to approyal of deyelopment
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,
Comprehensiye Plan Consistency, and Compliance with the land Development
Regulations.
Future land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of
this report. Compliance with the land Development Regulations with respect to
Standards for Rezoning Actions and Rezoning Findings are discussed below.
Section 3.2.2 (Standards for Rezonina Actions): Standards A, B, and E are not
applicable. The applicable performance standards of Section 3.2.2 are as
follows:
C) Zoning changes that would result in strip commercial development shall be
ayoided. 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 adyerse impacts from the new use.
Planning and Zoning Board Eo Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 7
The following zoning designations and uses border the area:
Direction
Zonina
Uses
North
West
South
East
GC
RO (Residential Office)
CSD
RM & CF
Parking lot (under construction)
Residential and offices
Offices and retail
Residential & Commercial
The proposed rezoning is compatible with the adjacent land uses and consistent
with the development pattern along Federal Highway. Further, the CSD zoning
district contains development regulations that address the compatibility with less
intensive zoning districts.
Section 2.4.5(0)(5) (RezoninQ FindinQsl:
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 CSD with respect to
commercial development. The increase in the residential density will encourage
redevelopment within the area and the revitalization of North Federal Highway.
However, the GC zoning designation has not been of sufficient density to stimulate the
desired redevelopment of this area. Therefore, a finding can be made the rezoning
fulfills subsections "b" and "c."
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the development proposal.
No formal development application has been submitted for the subject property.
Compliance with the Land Development Regulations will be reviewed when a
development is submitted. There are no problems anticipated with the ability to comply
with development standards regulations.
Planning and Zoning Board Eo Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 8
The property is not in an area that requires review by the DDA (Downtown Development
Authority).
Community Redevelopment AQencv (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
Planning and Zoning Board S Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 9
Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning
Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards
for Rezoning Actions), and the Goals, Objectives, and Policies of the
Comprehensive Plan; or
C. Recommend denial of the FLUM Amendment and Rezoning by adopting the
findings of fact and law contained in the staff report, and finding that the request
is inconsistent with Future Land Use Element Policy A-1.7 of the Comprehensive
Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning
Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards
for Rezoning Actions) and the Goals, Objective, and Policies of the
Comprehensive Plan.
Recommend to the City Commission approval of the proposed FLUM Amendment from
GC (General Commercial) to CC (Commercial Core), and the Rezoning from GC
(General Commercial) and AC (Automotive Commercial) to CBD (Central Business
District), for properties located between NE 4th Street and George Bush Boulevard and
extending from the FEC Railroad to approximately % 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
MEMORANDUM
TO:
FROM:
MAYOR AND CI1Y COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # 7aF - REGULAR MEETING OF FEBRUARY 6.2007
ORDINANCE NO. 70-06 (ANNEXATION AND REZONING)
SUBJECT:
DATE:
FEBRUARY 2, 2007
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 133rd Road South,
640' west of Barwick Road approximately 1,400 feet north of Lake Ida Road.
The subject property is a City owned parcel containing 3.18 acres of land located along the south side
of 133rd South. The property is bound on the south by the Lake Worth Drainage District (LWDD) L-
31 Canal and the Country Manors Condominium Development. To the north is the 25' right-of-way
of 133rd Road South dedicated by the Bexley Park planned residential development and Barwick
Ranch Subdivisions. The access to this parcel is via 133rd Road South from Barwick Road to the east.
The subject property is under the jurisdiction of Palm Beach County but in a designated annexation
area for the City of Delray Beach. The property is located in the City's Planning Area, known as
Annexation Area "E" (the North Military Trail Area), as referenced in the Future Land Use Element
Policy B-3.5 of the Comprehensive Plan. The City has an advisory land use designation of LD (Low
Density Residential 0-5 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 2007-1 to apply a
Medium Density Residential (MD) land use designation.
On July 17, 2006, the Planning and Zoning Board held a public hearing involving this parcel along
with the adjacent parcels. It is noted the current proposal involves only the City owned parcel at this
time. There was public testimony from several residents that live in close proximity to the subject
property. Residents concerns evolved around the increase in property taxes and property value,
future use of 133rd Road South, traffic increase, and potential for zero lot line townhouse
developments. After reviewing the staff report and discussing the proposal, the Board voted 6 to 1 to
recommend that the request be approved. Staff recommends approval based upon the findings of
fact and law contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan, and does meet the criteria set forth in LDR Section 2.4.5(D)(5) (Rezoning
Findings), LDR Section 3.1.1 (Required Findings), and LDR Section 3.2.2 (Standards for Rezoning
Actions). .
At the first reading on November 21,2006, the Commission passed Ordinance No. 70-06.
Recommend approval of Ordinance No. 70-06 on second and final reading.
S:\City Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 70-06 Annexation and Rezoning 3.18 Acres 2nd Reading 0206.07.doc
TO:
THRU:
FROM:
DAVID T. HARDEN, CITY MANAGER7J/AA-t....~At~ ,~
PAUL DORLlNG, AICP~I~TO.f}~~lANNING AND ZONIN6' -
ESTELlO BRETO, SE~ P~Rt) .
~
SUBJECT: MEETING OF NOVEMBER 21, 2006
CITY INITIATED REZONING FROM COUNTY AR (AGRICULTURAL
RESIDENTIAL) TO CITY RM.8 (RESIDENTIAL MEDIUM DENSITY 5.8 DUlAC)
FOR A 3.18 ACRES PARCEL lOCATED ON THE SOUTH SIDE 133RD ROAD
SOUTH. 640' WEST OF BARWICK ROAD APPROXIMATELY 1.400' NORTH OF
lAKE IDA ROAD.
The subject property is a City owned parcel containing 3.18 acres of land located along the south
side of 133rd Road South. The property is bound on the south by the LWDD L-31 Canal and the
Country Manors Condominium development. To the north is the 25' right-of-way of 133rd Road
South dedicated by the Bexley Park planned residential development, and Barwick Ranch
Subdivisions. The access to this parcel is via 133rd Road South from Barwick Road to the east.
The subject property is under the jurisdiction of Palm Beach County but in a designated
annexation area for the City of Delray Beach. The property is located in the City's Planning Area,
known as Annexation Area "E" (the North Military Trail Area), as referenced in the Future Land
Use Element Policy B-3.5 of the Comprehensive Plan. The City has an advisory land use
designation of LD (Low Density Residential 0-5 du/ac) that allows for residential development with
a density between zero and five units per acre. A land use amendment is being processed as
part of 2006-1 to apply a Medium Density Residential (MD) land use designation. This related
land use change should be reviewed by the City Commission on December 5, 2006 or January
16, 2007 (depending on whether an Objective, Recommendations and Comments (ORC) report
is issued). Additional background and an analysis of the request are found in the attached
Planning and Zoning Board Staff Report.
-~.
At its meeting of July 17, 2006, the Planning and Zoning Board held a public hearing involving
this parcel along with the adjacent parcels. It is noted the current proposal involves only the City
owned parcel at this time. There was public testimony from several residents that live in close
proximity to the subject property. Residents concerns evolved around the increase in property
taxes and property value, future use of 133rd Road South, traffic increase, and potential for zero
lot line townhouse developments. After reviewing the staff report and discussing the proposal,
the Board voted 6 to 1 to recommend that the request be approved. The request was approved
based upon positive findings with respect to LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and that
the property is contiguous, reasonably compact and does not create an enclave; and, that
services will be provided to the property in a manner similar to other properties within the City.
By motion, approve on first reading the ordinance for rezoning from County AR (Agricultural
Residential) to City RM-8 (Residential Medium Density, 5-8 du/ac)), based upon the findings of
fact and law contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2
of the Land Development Regulations.
Attachments:
· P & Z Staff Report of July 17, 2006 and Proposed Ordinance
ORDINANCE NO. 70-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE
CITY OF 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 of land
located on the south side of 133rd Road South, 640 feet west of Barwick Road, and approximately
1,400 feet north of Lake Ida Road; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits
of the City of Delray Beach, Florida; and
WHEREAS, the City of De1ray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 ofthe Florida Statutes; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS pursuant to LDR Section 2.2.2(E)(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of July 17, 2006, and voted 6 to 1 to
recommend that the annexation be approved with an initial zoning of RM-8 (Medium Density
Residential -8 units per acre) District, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The East 221.59 feet of the Southwest Y4 of the Southeast Y4 of the Northwest Y4 of Section
12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the South 40 feet
thereof for Lake Worth Drainage District right-of-way.
Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immediately become subject to all of
the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which
lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 5. That this annexation of the subject property, including adjacent roads, alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6. That Chapter Two of the Land Development Regulations has been followed in
the establishment of a zoning classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District RM-8 (Medium Density Residential -8 units
per acre) as defined be existing ordinances of the City of Delray Beach.
2
ORD. No 70-06
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 8. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 9. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning immediately
upon the effective date of Ordinance 38-06, under which official land use designation of MD
(Medium Density Residential 5-12 dulac) 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'u BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
July: 17, 2006
IV.B.
A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5 (Medium
Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density
5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium
Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City) located on the south side of
133rd Road S, 60' west Barwick Road; and a City initiated Annexation (via Interlocal
Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future
Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm
Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and LD (Low
Density 0-5 du/ac) in part and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in
part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on
the west side of Barwick Road approximately 1,400' north of Lake Ida Road (see table
below).
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
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............. .... ............
City of Delray Beach.
City of Defray Beach.
approximately 1 ,400' north of Lake
Ida Road and to the west of
Barwick Road.
12.97 Acres, (3.18 voluntary
annexation and 9.79 via interlocal
agreement).
MR-5 (Medium Residential 0-5
du/ac)
LD in part, and MD in part.
AR (Agricultural Residential)
R-1-AAA in part, and RM-8 in part
City 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
.DIIllID
~ CT. !!l
:f I I I I I I I 1<
IV.B.
The action before the Board is that of making a recommendation to the City Commission on
the following items:
· A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5
(Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD
(Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City)
located on the south side of 133rd Road S, 60' west Barwick Road approximately 1,400'
north of Lake Ida Road (see table below, PCN 42-46-12-00-000-3200).
· A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach
County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from
MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to
MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning
from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in
part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing
four parcels and a total of 9.79 acres of land located on the west side of Barwick Road
approximately 1,400' north of Lake Ida Road (see table below).
Enclave 1
Parcel 2 enslty
424612000003202 3.03 RM-8
Enclave 2 ,. , ....
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 ~ocarPlanning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
The subject property consists of a City owned parcel measuring 3.18 acres of land which is
located along the south side of 133rd Road S, and 9.79 acres of land making up two enclaves
which contains 4 parcels. The first enclave contains 3.03 acres located west of the City owned
parcel and the second enclave contains two parcels measuring 1.76 acres and located on the
west side of Barwick road; the other parcel measures 5.0 acres and is immediately to west of
these parcels on the south side of 133rd Road S (see attached map).
Planning and Zoning Board Me. of 07/17/06: Staff Report
Bexley Park - Annexation, FLUIIIl ....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.
Current land Use Designation: The current land use map designation for the property is
County MR-5 (Medium Residential 0-5 du/ac). The current City "advisory" designation is LD
(Low Density Residential 0-5 du/ac).
Reauested land Use Designation: 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:
Designated 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 Met 1 of 07/17/06: Staff Report
Bexley Park - Annexation, FLUr.. _nendment, and Rezoning
Page 3
Land Use Analysis:
Consistency Between the City and County land Use Desianations:
The proposed City Land Use Map Designation for the property is MD (Medium Density 5-12
du/ac) in part, and LD (Low Density 0-5 du/ac) in part. The existing County Future Land Use
Map Designation for the property is MR-5 (Medium Residential - 5 du/ac). The City's LD Land
Use Map Designation is consistent with the County's MR-5 designation in that Low Density
Residential is similar. The designation on a portion of property is now proposed to be medium
density allowing slightly higher densities. These are to be limited to 8 units per acre via the
zoning designation of RM-8. While slightly higher this density continue to be compatible with
the residential development to north, east, and south. The City's FLUM designation as initially
contained on the City's Future Land Use Map adopted by Ordinance 82-89 in November 1989,
are deemed to be advisory until an official Future Land Use Map Amendment is processed.
Adiacent Land Use Map Desianations. Zonina Desianations and Land Uses:
The following zoning designations and uses abut the subject property:
Zoning Designation
Use
North: Plan Residential Development (PRO) and Bexley Park Subdivision and Barwick
Single Family Residential (R-1-M) Ranch Subdivision
South: Multiple Family Residential - Medium Country Manors Subdivision and
Densitv (RM) Canal L-31
East: Plan Residential Development (PRO) Sabal Lakes Residential Developoment
West: Open Space and Recreational (OSR) Bexley Park
Allowable land Uses:
Under the proposed Medium Density Residential 5-12 du/ac (MD) in part, and Low Density
Residential 0-5 du/ac (LD) in part Land Use Map designation, residential zoning districts which
accommodate single family units (R-1 thru R-1-MA) and multiple family units (RM) are
allowed. With the proposed zoning designation of R-1-MA and RM-8 (limiting density
maximum to 8 units per acre) residential development compatible with the surrounding
residential patterns can be anticipated.
REQUIRED FINDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3:
Pursuant to lOR Section 3.1.1, prior to approval of Land Use applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application. These findings relate to
Planning and Zoning Board Mer 1 of 07/17106: Staff Report
Bexley Park - Annexation, FLU~. . ~nendment, and Rezoning
Page 4
the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the Land Development Regulations.
o Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future Land Use Map.
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which the
land is situated, and said zoning must be consistent with the land use designation as
shown on the Future Land Use Map. The proposed Multiple Family Residential - Medium
Density RM-8 and Single Family Residential (R-1-MA) zoning districts are consistent with
the proposed MD (Medium Density Residential 5-12 du/ac) and LD (Low Density
Residential 0-5 du/ac) FLUM designation. Multiple Family Residential developments are
allowed in the RM-8 zoning district as a permitted use at a maximum density of eight (8)
units per acre. Single-family unit developments are allowed in the R-1-MA zoning district
as a permitted use at a base rate of zero to five (5) units per acre. Based on the above,
positive findings can be made with respect to FLUM consistency.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
Provision of Services: When annexation of property occurs, services are to be provided
in a manner which is consistent with services provided to other similar properties already in
the City (Future Land Use Element Policy B-3.1). The proposal involves amending the
FLUM designation from County MR-5 to City MD (Medium Density Residential) in part, and
LD (Low Density Residential) in part for the subject property. Concurrency findings with
respect to Parks and Recreation, Police, Solid Waste, Traffic and Water and Sewer are
discussed below:
Parks and Recreation: The City provides 127 acres of activity based recreation facilities
such as tennis, baseball, basket ball, soft ball and other similar sports. An additional 247
acres are considered resource based activities such as beaches and lakes for swimming,
boating, picnicking, hiking, and other activities excluding golf courses. Within recreation
areas, amenities and facilities are provided to meet the demand for leisure opportunities for
all segments of the community. The City of Delray Beach provides a ratio of eight (8)
acres of park and recreational facilities per 1,000 people while the current national ratio is 3
acres of park and recreational facilities per 1,000 people. This indicates that the City will
have sufficient recreation facilities to accommodate any additional increase in the number
of residents anticipated from future development of the subject property.
Police: This property is currently serviced by the Palm Beach County Sheriffs Office,
located at 345 South Congress, which serves the South County area. The subject property
lies within Sheriff patrol zone 4. Zone 4 is bordered by EI Clair Ranch Road on the west,
the Atlantic Ocean on the east, Boynton Beach City limit on the north, and Atlantic Avenue
to the south. One officer is assigned to a particular zone during a shift (three shifts per
day). Additional response can be obtained from "Cover Cars" which patrol throughout
zones randomly, depending on their availability in South County during that time.
The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square
mile area; and, as a consequence, significantly improved response time should be realized.
Planning and Zoning Board Mee' of 07/17/06: Staff Report
Bexley Park - Annexation, FLU",. lendment, and Rezoning
Page 5
Annexation will not require additional manpower as the City patrols the area currently in the
city to the north, south, east, and west.
Fire and Emeroencv Services: The annexation of this property will not require additional
manpower. The municipal area is served by Fire Station No. 4 (Barwick & lake Ida
Roads). With annexation, the property will receive an improvement in response time from
the current 5.5 minutes of the County Fire Department (Indian Springs/Military Trail and
Woolbright Road) to approximately 3 minutes for the City's Fire Department (Fire Station
NO.4 at Barwick and lake Ida Roads).
Water. Municipal water service is available via connection to a 12" water main located
along 133rd Roas Sand Barcwick Road. With future development of the vacant property
extensions will be required.
Sewer: Sewer service is available adjacent to the site via an existing 6" force main along
the south side of 133rd Road S. Sewage mains and a new lift station have been
constructed as part of the infrastructure improvements of "the Bexley Park" subdivision.
Sewer service exist for single family homes along Barwick Road. With future development
new connections and main extensions will be required. Pursuant to the Comprehensive
Plan, treatment capacity is available at the South Central County Waste Water Treatment
Plant for the City at build-out.
Streets: The subject property can be accessed via 133rd Road S and from Barwick Road.
133rd Road S and Barwick Road is under the jurisdiction of the City. With any future
development of the subject property proper public acces will be required.
Solid Waste: The future development of this property will continue to have minor solid
waste impact. The solid waste authority has indicated they have sufficient capacity exists
to service this area. The service provider will not change, as described later in this report.
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FlUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need must
be supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
Planning and Zoning Board Me( of 07/17/06: Staff Report
Bexley Park - Annexation, FLUIIII ~nendment, and Rezoning
Page 6
The proposal is associated with the annexation of this unincorporated property and
requires changing the FLUM designation from County to City. The current County FLUM
designation is MR-5 and the current "advisory" designation is LD (Low Density Residential),
which allows single family residential developments. As the City's FLUM designation is
being applied the requirement to provide justification for the need does not apply. It is
noted that the proposed R-1-AAA designation would allow the same density (0-5 du/ac) as
the one currently allow under the county designation of (MR-5). It is also noted that the
proposed MD (Medium Density Residential) being applied to the three most western
parcels will allow multiple family residential development (restricted to a maximum of 8
units per acre through zoning) which is compatible with the existing developments to the
north, south, and east Bexley Park, Country Manor Subdivision, and single family homes
respectively.
Future Land Use Element Obiective A-1: Properly 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.
Compatibilitv -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously, the requested FLUM designation of LD (Low Density Residential)
in part, and MD (Medium Density Residential) in part, and zoning of R-1-AAA (Single
Family Residential) in part, and RM-8 (Residential Medium Density 8 du/ac) in part, will be
compatible with adjacent development patterns. Homeownership is a characteristic of
these designations. Consequently, compatibility with the abutting low density residential
properties to the east and north (Saba I Lakes and Barwick Ranch), as well as abutting
medium density residential properties to the south (Country Manor Subdivision) are
consistent with the proposed dsignation.
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Any future development of the subject property will be submitted to the site plan review
process and will be reviewed for compliance with the LDRs including compatibility with
adjacent uses.
Florida Statues Governina Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
Planning and Zoning Board Mee' of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM . _Iendment, and Rezoning
Page 7
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or manmade
obstacle that allows the passage of vehicular traffic to that unincorporated area only through
the municipality.
· The property is contiguous with the City and reasonably compact. With regard to
creation of an enclave, in order to access the property one must first travel through
the City. Thus, excluding the City owned 3.18-acre parcel (PCN 42-46-12-00-000-
3200) two enclaves would exist one 3,03 acres west of the city parcel and the
second 6.76 east of the city parcel for a total 9.79 acres. Each of the two enclaves
make up the balance of the property is under 10 acres and therefore eligible for
annexation via an interlocal agreement pursuant to F.S. 171.046.
Chapter 171.046, Florida Statutes (2004), provides for annexation of certain enclaves by
entering into an Interlocal Agreement between the Municipality and the County having
jurisdiction over such enclave.
Land Development Reaulations Governina Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation. Excluding the City owned 3.18-
acre parcel (PCN 42-46-12-00-000-3200) two enclaves would exist one 3,03 acres west of the
city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each of the two
enclaves make up the balance of the property is under 10 acres and therefore are eligible for
annexation via an interlocal agreement pursuant to F.S. 171.046.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Desianated annexation area: The territory to be annexed is located within the designated
annexation area ME" 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 Met' 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:
00424612000003200 714,675.00 13,617.00 375.00 13,992.00 19.505361 16,956.14 $181.4423.725668 17,137.58 3,145.58
00424612000003202 331,847.00 6,323.00 415.00 6,738.00 19.505361 7,873.29 $181.44 23.725668 8,054.73 1,316.73
00424612000003024 280,558.00 5,346.00 408.00 5,754.00 19.505361 6,656.43 $181.4423.725668 6,837.87 1,083.87
00424612000003141 223,950.00 4,267.00 276.00 4,543.00 19.505361 5,313.36 $181.4423.725668 5,494.80 951.80
00424612000003190 167.312.00 3,188.00 276.00 3,464.00 19.505361 3,969.59 $181.44 23.725668 4,151.03 687.03
TOTAL $1,718,342.00 32,741.00 $1,750.00 $34,491.00 19.505361 $40,768.81 $907.2023.725668 $41,676.01 $7,185.01
* Currently City owned the values noted would result after change in ownership.
For the 2005 tax year the subject property had an assessed value of $1,718,342.00. With the
change from County to City jurisdiction, the following taxes and rates will be affected:
Fire/Rescue MSTU
Palm Beach Count Lib.
Palm Beach CO.Lib.Debt
Florida Inland Nave ation
Health Care District
Palm Beach Coun
Palm Beach Coun Debt
Children Service Council
Public Schools Debt Serv.
Public Schools Lac. Board
Public Schools State Law
SFWMD District
SFWMD Ever lades Const.
Ci of Delra Beach
Ci of Delra Beach Debt
5.325.14
970.86
252.61
66.15
1,855.81
7,646.62
462.58
1,183.42
381.47
4,560.48
8,838.17
1,025.85
171.84
DELETE
DELETE
DELETE
0.00 0.000000
0.00 0.000000
0.00 0.000000
66.15 0.038500
1,855.81 1.099996
7,646.62 4.5
462.58 0.26798
1,183.42 0.690201
381.47 0.274
4,560.48 2.594
9,667.85 5.564
1,025.85 0.597001
171.84 0.09999
12,829.31 7.466100
917.42 0.533900
albiJJ?IJr'..Jlll
* 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) H if a party has an exclusive franchise which is in effect for at least six months prior to
the initiation of an annexation, the franchise may continue to provide such services to the
annexed area for five years or the remainder of the franchise term whichever is shorter".
Thus, the waste service provider will not change with annexation.
Resulting Impacts to Property Owners: (combined increase)
AD VALOREM TAXES 2005
City Mills. County Mills
23.72567 19.54436 =
NON AD VALOREM TAXES 2005
Stormwater Assessment
Solid Waste Collection
WATER & SEWER UTILITY FEES
ANNUAL FINANCIAL IMPACT:
+ $7,185.01
4.1813
$270.00
$211.20
$0.00
+ $7,666.21
Fire Response
+
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Cit .
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes (Ci .
Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 atroll cars durin the night.
Pro-active vs reactive opportunity to work
with ro e owners.
Emergency Medical
Services EMS
Police
+
+
Code Enforcement
+
Fiscal Impacts to the City: At the 2005/2006 City operating milage of 7.4661 mills and debt
rate of 0.5339 mills, the property will generate approximately $13,746.74 in new ad valorem
taxes per year. With future development, additional revenues will be realized through
increased assessment value, building permit fees, the annual collection of the storm water
assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on
electric, telephone, and cable.
Planning and Zoning Board Mee of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM ......Iendment. and Rezoning
Page 10
AD VALOREM TAXES 2004
City of Delray Beach 7.4661 Mills $12,829.31
City of Delray Beach Debt 0.5339 Mills $917.42
SUB-TOTAL $13,746.74
NON-AD VALOREM TAXES
Storm Water Utility (1 Unit @ $54) $0.00
SUB-TOTAL $13,746.74
PARK AND RECREATION IMPACT FEE
$500 per unit $0.00
TOTAL $13,746.74
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LOR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
The proposed City zoning designation is R-1-AM (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-M to the north; and City RM (Multiple Family Residential - Medium
Density) to the south.
COMPREHENSIVE PLAN POLICIES:
Previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report.
REQUIRED FINDINGS: (Chapter 3)
Previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
CONSISTENCY: Compliance with the performance standards set forth in LOR Section
3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
Planning and Zoning Board Mee of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM .....l1endment, 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", "8", "C", and "E" are not
applicable with respect to this rezoning request. The applicable performance standards
of Section 3.2.2 are as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The proposed amendment to MD (Medium Density 5-12 du/ac) in part, LD (Low
Density 0-5 du/ac) in part, is compatible with the existing land use designations in
the adjacent developments and is being proposed concurrently with a request for
annexation and initial zoning of R-1-AAA (Single Family Residential) in part, and
RM-8 (Medium Density Residential 8 du/ac) in part. Residential developments and
single family homes are allowed as a permitted use within the RM-8 and R-1-AAA
District respectively. Given the adjacent development pattern it seems appropriate
to recommend a land use designation of MD (Medium Density 5-12 du/ac) in part,
LD (Low Density 0-5 du/ac) in part. Thus, compatibility with adjacent residential
developments is not a concern.
The following zoning designations and uses border the property:
Zoning Designation
Use
North: Plan Residential Development (PRD) and Bexley Park Subdivision and BalWick
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 (PRD) Sabal Lakes Residential Developoment
West: Open Space and Recreational (OSR) Bexley Park
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D} (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the
rezoning fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
(a) That the zoning had previously been changed, or was originally established,
in error;
(b) That there has been a change in circumstances which make the current
zoning inappropriate; or
Planning and Zoning Board Mee of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM .....Iendment, and Rezoning
Page 12
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
Items Nb" and "c" are the basis for which the rezoning should be granted. The property is in the
unincorporated area of Palm Beach County. However, it is also within the City of Delray Beach
reserve annexation. The City, being the current owner of one of these parcels, is seeking
annexation of this property into the City, which requires that appropriate City zoning
designations be applied. The proposed amendment to MD (Medium Density 5-12 du/ac) in
part, LD (Low Density 0-5 du/ac) in part Land Use Map designation and RM-8 (Residential
Medium Density 0-8 du/ac) in part, and R-1-AAA (Single Family Residential) in part zoning are
deemed compatible with the existing land use designations and the adjacent development
pattern and zoning designations. Based upon the above, positive findings can be made with
respect to LOR Section 2.4.5(0) (5).
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On July 12, 2006, the Palm Beach County Planning Division was notified of the City's intent to
annex this property. Response has not yet been received.
Lake Worth Drainaae District:
On July 12, 2006, Lake Worth Drainage District was notified of the City's intent to annex this
property. Response has not yet been received.
IPARC Notice:
Notice of the Future Land Use Amendment has also been provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Jerry Franciosa, PROD
o Carolyn Zimmerman, Presidents Council
o Gerald De Poe, Country Manor
o Bruce R. Shumer, Sabal Lakes
o Prime Management Group Inc., Sabal Lakes
o Sal Cherch, Barwick Ranch Estates
o Don Klein, Barwick Estates
Planning and Zoning Board Mee of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM ~.Iendment, and Rezoning
Page 13
Public Notice:
Formal public notice has been provided to property owners of the annexation parcels and
owners within a 500' radius of the subject property. Additional letters of support or objection, if
any, will be presented at the Planning and Zoning Board meeting.
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The City's MD (Medium Density 5-
12 du/ac) in part, LD (Low Density 0-5 du/ac) in part, Land Use Map Designation is consistent
with the County's MR-5 designation in that it is compatible with the existing land use
designations and the adjacent development pattern. This Future Land Use Map designation is
being proposed concurrently with a request for initial zoning of RM-8 and R-1-AAA District
which are also compatible with the surrounding development pattern.
The annexation will provide with better Police, Fire, EMS and Code Enforcement services.
The property will not experience a significant increase in ad valorem taxes. Upon development
of the property, park and recreation impact assessment fees will be imposed on any new
residential development.
The City will receive additional revenue from property taxes, in addition to storm water
assessment fees utility taxes, franchise fees, and licensing fees upon development. The total
immediate revenue increase is approximately $13,746.44, a year. Based upon the above, the
proposed Annexation, Future Land Use Map Amendment and associated Rezoning application
should be approved.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for:
. The City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5
(Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD
(Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City)
located on the south side of 133rd Road S, 60' west of Barwick Road approximately
1,400' north of Lake Ida Road (PCN 42-46-12-00-000-3200), and
. A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach
County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from
MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to
MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning
from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in
part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing
four parcels and a total of 9.79 acres of land located on the west side of Barwick Road
approximately 1,400' north of Lake Ida Road.
by adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets the
Planning and Zoning Board MeE of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM ~endment, and Rezoning
Page 14
criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
C. Move a recommendation of denial to the City Commission for:
. The City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5
(Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD
(Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City)
located on the south side of 133rd Road S, 60' west of Barwick Road approximately
1,400' north of Lake Ida Road (PCN 42-46-12-00-000-3200), and
. A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach
County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from
MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to
MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning
from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in
part and R-1-AM (Single Family Residential) in part, for two (2) Enclaves containing
four parcels and a total of 9.79 acres of land located on the west side of Barwick Road
approximately 1,400' north of Lake Ida Road,
and finding that the request is inconsistent with the Comprehensive Plan, and does not
meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
Move a recommendation of approval to the City Commission for:
. A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5
(Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD
(Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City)
located on the south side of 133rd Road S, 60' west of Barwick Road approximately
1,400' north of Lake Ida Road (see map attached) PCN 42-46-12-00-000-3200); and
. A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach
County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from
MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to
MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning
from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in
part and R-1-AM (Single Family Residential) in part, for two (2) Enclaves containing
four parcels and a total of 9.79 acres of land located on the west side of Barwick Road
approximately 1,400' north of Lake Ida Road (see map attached).
by adopting the findings of fact and law contained in the staff report, and finding that the
request is consistent with the Comprehensive Plan, and does meet the criteria set forth in
Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments: Location Map. Staff Report Prepared by: Estelio Breto, Senior Planner
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MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER ~
AGENDA ITEM # 10. ~ - REGULAR MEETING OF FEBRUARY 6. 2007
ORDINANCE NO. 3-07
TO:
SUBJECT:
DATE:
FEBRUARY 2, 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 02.06.07.doc
~
TO:
THRU:
FROM:
SUBJECT: .
D~ T. HAlf~~TY MANAGER
PA{i~RLING,-ff<P' DIRECTOR OF PLANNING AND ZONING
ESTELlO BRETO, SENIOR PLANNER
MEETING OF JANUARY 2, 2007
FUTURE LAND USE MAP AMENDMENT FROM COUNTY LR-1 (LOW
RESIDENTIAL 1 DUlAC) TO CITY LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC),
AND REZONING FROM COUNTY AR (AGRICULTURAL RESIDENTIAL) TO CITY
R-1-AA (SINGLE FAMILY RESIDENTIAL) FOR A 0.72 ACRES PROPERTY
LOCATED AT 2200 LAKE DRIVE.
The subject property is 0.72 acres located at 2200 Lake Drive. The 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 LDR 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 LDR Sections 2.4.5.(D)(5) (Reasons for Rezoning), Future Land Use Element
Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1
(Required Findings) and 3.2.2 of the Land Development Regulations, and set a second reading date
for January 16, 2007.
Attachment:
· Proposed Ordinance No. 3-07
lZ.t
ORDINANCE NO. 3-07
AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF
DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM COUN1Y LR-1 (LOW RESIDENTIAL 1 DU/AC); TO LD
(LOW DENSI1Y RESIDENTIAL 0-5 DU/AC); ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND
REZONING AND PLACING LAND PRESENTLY ZONED COUN1Y
AR (AGRICULTURAL RESIDENTIAL) TO R-1-AA (SINGLE FAMILY
RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED AT THE NORTHWEST CORNER OF LAKE
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-1 (Low Residential 1 du/ac); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from County LR-1 (Low Residential1du/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 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 CI1Y COMMISSION OF THE CI1Y
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 (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 of 219.95 feet to point on a curve concave to the east having a chord bearing of 020 47' 45"
and a radius of 150 feet; Thence Northerly along said curve through a central angle of North 50 40'
06" East a distance of 14.84 feet; Thence North 250 55' 55" West, a distance of 2.94 feet; Thence
North 000 51' 14" West a distance of 22.05 feet; Thence North 07" 32' 39" East, a distance of 12.74
feet; Thence North 160 11' 44" East, a distance of 24.61 feet; Thence North 120 11' 07" East, a
distance 17.11 feet; Thence North 440 45' 40" East, a distance of 55.28 feet; Thence North 56018' 01"
East, a distance of 22.00 feet; Thence North 71041' 50" East, a distance of 21.18 feet; Thence North
8Y 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.
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
2
ORD NO. 3-07
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 8. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, fInding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this
amendment may be issued or commence before it has become effective. If a fInal order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks
Boulevard, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD NO. 3-07
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
August 21, 2006
V.B.
A privately initiated voluntary Annexation, Future Land Use Map (FLUM)
Amendment from County LR-1 (Low Residential 1 du/ac) to City LD (Low Density 0-
5 du/ac) and rezoning from County AR (Agricultural Residential) to City R-1-AA
(Single Family Residential) for a 0.72 acres parcel located on 2200 Lake Drive.
GENERAL DATA:
Owner/Applicant....... ..................
Agent......................................... .
Location..................................... .
Property Size..............................
Existing County Future Land Use
Map Designation. ........ ...............
Proposed City Future Land Use
Map Designation........ .......... .......
Existing County Zoning...............
Proposed City Zoning.................
Adjacent Zoning................North:
East:
South:
West:
Existing Land Use......................
Proposed Land Use....................
Water Service...... ... ....... ..... ........
Sewer Service.............................
Castle Florida
Weiner and Aronson
2200 Lake Drive
0.72 Acres
LR-1 (Low Residential 1 du/ac)
LD (Low Density Residential)
AR (Agricultural Residential)
R-1-AA (Single Family
Residential)
City of Boynton Beach Open
Space (OS), Lake Ida
Single Family Residential (R-1-
AA)
Single Family Residential (R-1-
AA)
City of Boynton Beach Open
Space (OS)
Single family residence
Single family residence
Municipal water service is
available via connection to a 6"
water main located along Lake
Drive.
Sewage is available adjacent to
the site via an existing 8"
sewage main along Lake Drive.
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ITE'M'BEFORETHE BOARD'
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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.
BACKGROU~D/PROJECTDESCRIPTioN
'I
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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.
,",' FlJTURELANDl.JSE MAP'AMENBMENTANAlVSIS ", '~"'~,
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Current land Use Desianation: The current land use map designation for the property is
County LR-1 (Low Residential 1 du/ac)). The City has no advisory land use designation but
supports the LD (Low Density Residential 0-5 du/ac) designation given the adjacent
designation and similar uses which allow for residential development with a density between
zero to five units per acre.
Florida Statutes 163.3187 - Small Scale land Use Map Amendments: This Future Land
Use Map Amendment is being processed as small scale development pursuant to Florida
Statues 163.3187. This statutes states that any local government comprehensive land use
amendments directly related to proposed small scale development activities may be approved
without regard to statutory limits on the frequency of consideration of amendment (twice a
year), subject to the following conditions:
. The amendment does not exceed 10 acres of land;
. The cumulative effect of the amendments processed under this section shall not exceed
120 acres within designated redevelopment and traffic concurrency exception areas, or 60
acres annually in areas lying outside the designated areas; and,
Planning and Zoning Board Me g of August 21, 2006 Staff Report
2200Lake Drive - Annexation WillI Initial Zoning of R-1-AA and Small-Scale h..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 f-LuM Amendment of LD
Page 3
Zoning Designation
Use
North: Boynton Beach Open Space (OS) Lake Ida
South: Single Family Residential Sinole Familv Residence
East: Single Family Residential Single Family Residence
West: Bovnton Beach Open Space (OS) . Lake Ida
Allowable land Uses:
Under the proposed LD (Low Density Residential 0-5 du/ac) Future Land Use Map
designation, the current single family home is allowed.
REQUIRED FIDINGS:
lAND DEVELOPMENT REGULATIONS CHAPTER 3:
Pursuant to LDR Section 3.1.1, prior to approval of land Use applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application. These findings relate to
the Future land Use Map (FlUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the land Development Regulations.
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 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.
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 8-3.1). 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 wlullnitial Zoning of R-1-AA and Small-Scale ~...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 connectiof.l 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 2200 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 t-....0M Amendment of LD
Page 5
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-f.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 Obiective A-f: Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property does not have any unique environmental characteristics that would
prohibit development of the site or require mitigation measures. Under the County LD
FLUM designation, a range of 0 to 5 du/ac is allowed. The requested LD (Low Density),
Land Use Map designation and zoning designation ofR-1-AA will be compatible with the
adjacent single family development patterns. The requested R-1-AA zoning would be
similar to properties to the east and south (single family homes) already within the City's
jurisdiction. The property immediately to the north is currently zoned Single Family
Residential and is within the City of Boynton Beach Jurisdiction.
Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The proposed Single Family Residential (R-1-AA) zoning district is consistent with the
prevailing land use patterns. Consequently, compatibility with the abutting low density
residential properties to the north, east, and to the south (single family homes) is not a
concern.
Planning and Zoning Board Me g of August 21, 2006 Staff Report
2200Lake Drive - Annexation Wlln Initial Zoning of R-1-AA and Small.Scale h.uM Amendment of LD
Page 6
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
At this time no issues have been identified which would indicate non-compliance of the
subject property with the requirements of the R-1AA zoning district. Any future
redevelopment of the subject property will be reviewed for compliance with the LDRs
during the building permit process.
ANNEXATf~NANALYSIS
Florida Statues Governina Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves". Pursuant to F.S.
171.031 (13), an "enclave" is (1) any unincorporated improved or developed area that is
enclosed within and bounded bya single municipality and a natural or manmade obstacle that
allows the passage of vehicular traffic to that unincorporated area only through the
municipality.
. The property is contiguous with the City and reasonably compact. This annexation will not
create an enclave.
Land Development Reaulations Governina Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Desianated 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 upon Annexed Property:
Planning and Zoning Board Me ~g of August 21, 2006 Staff Report
2200Lake Drive - Annexation W,.(l Initial Zoning of R-1-M and Small-Scale r- ....uM 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
DELETE
DELETE
0.00
0.00
18.45
517.47
2,132.19
128.99
329.99
106.37
1,271.65
2,505.92
303.65
47.91
3.577.33
255.81
7.50208184
0.13000294
0.03850625
1.079991
4.45000762
0.26920982
0.6887088
0.22200053
2.65400935
4.731218
0.5970034
0.5970034
3,594.57
62.29
18.45
517.47
2,132.19
128.99
329.99
106.37
1.271.65
2.505.92
286.05
47.91
ADDED
7.466100
0.533900
Dlff~rellce* .. ..
.11,001:85 ~2.959743
* 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
0.000000
0.000000
0.038506
1.079991
4.450008
0.269210
0.688709
0.222001
2.654009
4.731218
0.597003
0.597003
7.466100
0.533900
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 I"LUM 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 (Coun to 2.5 minutes Cit .
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes (Cit .
Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 atroll cars durin the ni ht.
Pro-active vs reactive opportunity to work
with ro 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
City of Defray Beach Debt 0.5339 Mills $255.81
SUB-TOTAL $3,833.14
NON-AD VALOREM TAXES
Storm Water Utility (1 Unit @ $54) $54.00
SUB-TOTAL $3,887.14
PARK AND RECREATION IMPACT FEE
$500 per unit $0.00
TOTAL $3,887.14
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
Planning and Zoning Board M€g of August 21,2006 Staff Report
2200Lake Drive - Annexation wlullnitial Zoning of R-1-AA and Small-Scale l-..tJM 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 Rezonina Actions): Standard "A", "B", "C", and "E" are not
applicable with respect to this rezoning request. The applicable performance standards
of Section 3.2.2 are as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The proposed Single Family Residential (R-1-AA) zoning district is consistent with the
proposed LD Land Use designation (Low Density Residential 0-5 du/ac). The LD (Low Density
Residential 0-5 du/ac) is typically applied to land which is developed or to be developed, at a
Planning and Zoning Board Mr 19 of August 21,2006 Staff Report
2200Lake Drive - Annexation Ii't,.l1lnitial Zoning of R-1-AA and Small-Scale t ....lJM 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-M. 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:
Zoning Designation
Boynton Beach Open Space (OS)
Use
Lake Ida
South:
Sin
East:
Single Family Residential (R-1-M)
West:
Single Family Residence
Lake Ida
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the
rezoning fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
(a) That the zoning had previously been changed, or was originally established,
in error;
(b) That there has been a change in circumstances which make the current
zoning inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
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-M is appropriate as it is
consistent with the County LR-1 (Low Residential 1 du/ac) and the proposed City Low Density
Residential 0-5 du/ac (LD) land use designations. Based upon the above, this request does
fulfill two of the reasons identified under LDR Section 2.4.5(D) (5).
I:
REVIEW BY OTHERS
<. ~<i\"C^
,:, ",- , '''Cc J
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice: On July 25, 2006, the Palm Beach County Planning Division was
notified of the City's intent to annex this property. While a response has not yet been received,
no opposition is anticipated.
Planning and Zoning Board Me g of August 21, 2006 Staff Report
2200Lake Drive - Annexation wlullnitial Zoning of R-1-AA and Small-Scale ~LJM Amendment of LD
Page 11
Lake Worth Dralnaae 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.
IPARe Notice: On July25, 2006, notice of the Future Land Use Amendment has also been
provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the
information to adjacent municipalities. No opposition has been noted.
Courtesv Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
· 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'
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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.
1- -, ,- -
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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(D) (5), 3.1.1 and
3.2.2 of the Land Development Regulations.
Planning and Zoning Board Me 9 of August 21, 2006 Staff Report
2200Lake Drive - Annexation WI.. I Initial Zoning of R-1-AA and Small-Scale r._JM Amendment of LD
Page 12
C. Move a recommendation of denial to the City Commission for the FLUM Amendment from
County LR-1 (Low Residential 1 du/ac) to City LD (Low Density Residential 0-5 du/ac), and
the initial zoning designation of R-1-AA (Single Family Residential 0-5 du/ac) for the
subject property, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan, and does not meet
the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
RECQ.MMENDED 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-AA (Single Family Residential 0-5 du/ac) for the subject property, by adopting the
findings of fact and law contained in the staff report, and finding that the request is consistent
with the Comprehensive Plan; and does meet the criteria set forth in Sections 2.4.5(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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MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER 1J}V\
AGENDA ITEM; 10. H - REGULAR MEETING OF FEBRUARY 6.2007
ORDINANCE NO. 4-07
TO:
FROM:
DATE:
FEBRUARY 2, 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 Trl 0206.07.doc
~
TO:
D~lA
PAUL DORLlNG, A , DIRECTOR OF PLANNING AND ZONING
THRU:
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 CGISE (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 ~hese 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 LDR Sections
2.4.5.(D)(5) (Reasons for Rezoning), Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings) and
3.2.2 of the Land Development Regulations, and set a second reading date for January 16,
2007.
Attachment:
· Proposed Ordinance No. 4-07
· Planning & Zoning Staff Report of January 23, 2006
1~.1)
ORDINANCE N0.4-07
AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF
DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM COUN1Y 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 COUN1Y 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 comer of Conklin Drive and Military Trail; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(pLUM) designation of County LR-3 (Low Residential-3 du/ac); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from County LR-3 (Low Residential-3 du/ac) 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 0 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 CI1Y 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.
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
2
ORD NO. 4-07
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 ftnal 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_.
A TIEST
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 District) for a. 0.99 acres
parcel located on the southwest corner of MilltCiry Tr~il and CqnklinDrive.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant......................... AdeleC. Tartza
Agent............... ............ ........ ....... Weiner: & Aronsoll, P A
Location...................................... Southwest cotner 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...............
TRN (Transitional)
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 th~ subject property.
Sewer service is available via
connection to a 8" sewer main
located along -Military Trail, and
also via an existing 8" sewer main
located on the east side of the
subject. .,
Proposed City Zoning.................
Adjacent Zoning................North:
East:
South:
West:
Existing .Land Use......................
Proposed Land Use....................
Water Service... ........ ............ ......
Sewer Service... .... ................... ...
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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 (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 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 front~ge on Military Tr~il. The property is bound to the south by Sierra
Vista attached single family homes. To the west. the property is bound by the R()ckland Park
subdivision containing single family homes located along Conklin Drive; and to theeCl.st (across
Military Trail) by the High Point of Delray East Condo development. The subjeCt property is
currently vacant and th,e applicant is proposing 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 devetoPn:tent
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. (Specialize~ Comm~rcial
District) for the four (4)/ots. Resolution No. 80-837 approved on June 24, 1980 bytl'1eBoard of
County Commissioners allowed the construction of a funeral home on the property with certain
conditions including right-of-way dedications, landscaping antj a c;ontrib.ution for a signal. This
development was never constructed. '
The subject property cont~nuesto be under the jurisdiction of Palm13eachC6unt}rbutisin a
designated annexation area for the City of Delray Beach; Th'e Cityhas"ao Advisqry land ,use
designation of MD (Medium Density Residential) on the property that allows for residential
development with a density betweenfive and twelve un,ts per acre. Th~ applicimtissee~i1"lg
City Water and is contiguous to the City limits to the east and nort". The Commission,poltcy is
that properties that are contiguous and request City services mystannexinto theCitytor~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 Analysis will first
include aflalysis of the Future Land Use.
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Current Land Use Desh::mation: The current County land us~ map designation for the property
is County' LR-3' (Low Residential - 3 du/ac). The current City Advisory designation is MD
(Medium Density Residential).
Reauested Land Use DesiQnation: The requested Future Land Use Designation is to City
TRN (Transitional).
Planning and Zoning Board f Of Rept V'leeting of 01/23/06
Robotic Space Savers - Ann<<..._don, FLlJM, 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 amendrnenfdoes 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 l:Ise, the residential land use
has a density of 10 units or I,ess per acre except for properties that are designated in the
Comprehensive Plan for urbaninfill, urban redevelopment, or downtown revitalization; ,
· 'The proposed amendment does not involve a text change tothe,g()als, policies, and
objectives of the local government's comprehensive plan, bufonly proposes a land use
change to the Future Land, Use Map for Clsite-specific small scale development Clctivity;
a~, "
· Th~ property that is the subject of a proposed amendmentisnotJocate,d witHin an area of,
critical state conCern. '
~.
The Future Land Use Map amendment involves a 0.99acr~ 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 amendmentalo(lg with other small-:-Scale amendment
processed this year, outside the designated areas, will not exceed 60 acres~For tl;le 2006 year
0.0 acres have been subject to the small scale Clmenqment prqcess Clndthis 0.99 acres ,will
make a total of 0.99 acres. This property has not previquslybeen considered for a land use
amendment nor has the same property owner's properties been gri3nte,da, land use" ~hange
within20Q' feet, within the last year. The amendment does not ,involve a text changeto the
Comprehensive Plan and it is not located within an area qf. critical state concern. Given the
above, the proposed FLUM amendment meets the criteria of FS. 163.318.7 and can be
considered as a small scale amendment.
However, pursuant to 163,3187 (6)(a), no amendments may be mClde to the Comprehensi"e
Plan after the date established by the State (January 1, 2006) unless it (the City) has submitted
its Evaluation and Appraisal 8eport(EAR). To dClteJheCityha~ not submitted 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 EvaluCltion 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 St. .epe neeting 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 Desianations:
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 du/ac). The City's MO 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 designati<)O' does
allows the establishment of uses which are compatible with adjacent residential Use~r 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), wouldallbw
uses that are 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 isalsqinconsistent. 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 the proposed self storage use would be industrial designations such as LI
(Light Industrial)andMIC (Mixed lr;1dustrial and Commercial) and limited.GC(General
Cotnmercial). Given this site locations and existing developmentpatternland use designations
of which would allow commercial ,or industrial development would be ,Clearly 'inappropriate.
Adiacent land Use Map Desianations, Zonina Desianations and land Uses:
The following zoning designatiol1sand uses'abutthe subject property:
Zoning Designation
Use
North:
Automotive Commercial (AC)
Multiple Family Residential - Low Density
LD
. Residential Medium Density (RM)
Tire Kingdom Auto Repair Fi3cility
South:
Sierra Vista Multiple Family Subdivision
West:
Palm Beach County Agricultural Residential
AR
High Point of Delray East (Condo
Development)
Rockland Park Single Family
Subdivision Alon Conklin Drive
East:
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 Aeeting 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 Kingdbmwas'
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 OrdihanCe# 65-'04
approved by the City Commission at its meeting of November 16, 2004. Although Tire 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. Given the adjacent development pattern to the west
and,south the advisory designation of MD is more appropriate. Therefore, a Future Dmd Use
Map designation of Transitional (TRN) and rezoning of Special Activities. District (SAD) cannot
be supported.
Allowable land Uses:
:J
Under the proposed SAD (Speoial Activities District) zoning deSignation all alloweduses~re
establish at the time of theestablishmentofthe SAD zoning designation. While SAD zoning is
deemed Consistent with any land use designation, on the Future Land Use Map, the uses
allowed within. a specific SAD shall be consistent with the land usecategbry shown on the
Future Land Use Map. The uses,activities, and characteristics of a SAD are to be consist~nt
with the Comprehensive Plan,suitCilble and compatible with surrounding existing development,
and with the proposed character of the area. The Transitional land use designation is not
consistent with the proposed . industrial/commercial development. proposed under the SAD
Ordinance. The Transitional land use category is not consistent with the MIC, L1,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 aUhe 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
dassified or categorized in other zone districts. This use is classified and categorized in the
MIC, LI 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 lOR Section 3.1.1, prior to approval of land Use applications,. certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written' materials' submitted 'by the
applicant, the staff report, or minutes. Findings shall be rnade 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 useofland orstructure~ rnustbe allowedirfthe
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 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 sClidzoning mustbe'consistentwiththeland use designation as shown
on the Future LandU13e 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 charaderof
th~ area~The resulting uses are. not consistent with th~. adjacent development pattern to the
south, east, and west of the. supject pr()perty, nor the residential Character of the. a~ea.
Based on the above, po.'sitive ftnding.scannot be ma.gewith respecUo FLUMconsistency.
- -, ,-. - - - '. -
C)' CcmcurrEmcy: Oevelopmenfa(tbebigh'esf intensity possible uncl~rtherequested
designation c.m meet the adopted concurren,cystilndards~, . .... .... .'.
The proposal involves amending the FLUM designation from LR--3 to TRN (Transitional) on
a site, approximately 0.99 of an ~cre.. The proposed FLUMAm~rdment to ~ccommogate a
storage facility will result in an increaseinsome impaCts on adopted 'concurrency sta9c1ards.
'.concurrency findings with respect to Parks' and Recreation, Schools, SoHd~Waste, Traffic,
Water and Sewer are discussed below:
Solid Waste:. The p. roposed 4. -st.ory b..uilding w.. ith 70. ,20.0 sqUar.e.feet.o.f.l3..e..lf.. s.torag. e.fJoor
area generates .23.99 tons of solid waste per year {70,200sq.ftx5.2.l2,OOO.lbs. = 36~,040
Ibs or 182.52 tons). ThiS amount of solid waste can be accommodated .byexisting facilities
and thus, will not have a significant' impact on this level of service standard. The Solid
Waste Authority has indicated that its f~cilitieshave sufficient capacity. to hanc;lle all
development proposals and existing facilities till the year 2024.
Wate!:. Municipal water service is..available ..\,i~collnection loa 12" w~ter main located
along Milit~ry Trail, and also via an existing 8" rnain IQcated on the east side of the sUI:>Ject
property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant at build-out.
Sewer: Sewer service is available 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 Rept ,\IIeeting of 01/23/06
Robotic Space Savers - Anne_dtion, FLUM, and Rezoning
Page 6
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 bebas~d
upon the findings listed below, and mu~t be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the request~d land use. The' need must
be based upon circumstances such as, shifts in demOgraphic trends" cha'nges in .the
availability of land, changes in the existing character and'FLOM designations of the
surrounding area, fulfillment of a, comprehensive plan objective or policy, annexatio,n
,into the municipal boundaries, qr, similar circumstances. The ,n~ed must be
supported by data and analysi~ 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 ofa sirnilar
intensity to the Advisory designation. However, the'findii1gs'described in the
remainder of this policy must be addressed with all FLUM amendments.
No data and analysis has been providedbyth~applicanttosupport t~is,arhendIllEmt.
Therefore a, positive' findingeannot 'be' made., Whire the applicanth1ay; 'assert' that'the
proposed Transitional designation is ,of a, Similar intensity ,~s, the, advisoryMD this is not'the
case since the transitional designcitibn 'allows offlceana limited commerCial uses'inaddItion
'to" residential uses. Further by utilizing,tb~SAQ, ,orc:Jina,DC(3'j.pr()ge~s th~,.c;lpplj~nt\wi.11
introdllceindustrial or commerCial type use~, to ~he site. ,/!).sprevio.lJ$ly,sta~e?qffice
commercial and industrial uses are inconsistent with the predominantly rEisidential character
of the adjacent properties.
i=Ufure Land OseElemeni()biectiveA~1:PrOperty' shaii be developed or r~dey~loped
in. a manner so that the future,y:~efi#'1dintensfty is "appropriate ir,termsof"soil,
topographic and other applicable physical considerations; is complimentary. to
adjacent land uses; and fulfills remaining land use needs.
',:-.' -:...... . .J
" TtlE~ ,subject property is vacanLand does npthave any ~nique environmen!Cilphar::!c~eristics
that would prohibit development of the site or require mitigati()nmeasures. The, sl:'bject
'property, if developed as a self storage facility will not be complimentary to the adjacent
uses located to the south and west (Sierra Vi~ta and Rpckland e~rk singl~family
subdivision along Conklin Drive). The proposed self storage facility will be more appropriate
in a MIC (Mixed Industrial Commercial) or LI (Light Industrial) zoning Districts.
Corl1Patibilitv -- The requested de~ighatio~ will be compatible,with'the existii;1g and
future land uses of the surrounding area. ' '" ". ,
As described previously, the TRN (Transitional) land use designation allows the introduction
of uses that are not compatible with the predominant residential character of adjacent
development.
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
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 least 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 land$caping and .architectural plans be approved byPJanning
and Zoning Board and accompany rezoning request to the second reading request to City
Commission. The applicant has chosen. th~ 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 ir:J. Section 4.3.4 of the LDRsexceptas
modified by the following requirements:
1) A minirnumsetback of fifteen (eet shall be established around the perimeter. of the
, property. ,Within thefront an(ianystreetside setbcac~,the fifte~nfoot(1.~'),~et,bapJ< qfeCl
' shall ,be a land~c;ape area and no pavement. shall be C1l1o~edthereirlexceptfor
pedestrian ways and driveway~ (or streets) Which will provide access to theproperty,and
which are generally perpendicular to the abutting street.
2) $etbacks for all. interior spaCe~ shall.be.as setfo~honthe siteanddevelqpmentplan.
, . ',', '" ,_ -'~, ' ,i., , ' ":
. Perimeter Setbacks for SADs
Pursuanttq Section 4.4.,4Q(D)(1), Cl' minifl)um setllaCkof ,15 feet shal,Lbe established aroUnd
th9r perimeter of any propertydevelopedljnqer'theSADJdesignation. Within the front and
anysid~ ,Stfee,t setback, a H~ foot setback area. shall ,be a landscape setback.arE@and no
paveme,nt shall be allowed, thereinex.pept for pedestrian ways and . driveways. which pro\lide
aC<?y,ss'to ,the property. and w~ich.are, Q(:~nerfilny perpe.ndicular to,. the abutting street. . The
proposed building location exceecls;the building setback requiremellts. Theioewbuilding
provides a 77' front, 20' side, and 25' rear setbacks.
Parkina
: The. applicant has provid~ si,qeen. (1 ()), pfilrking spaces with one. being a . handicap space.
Pursuant to LOR Section 4.3.3(A)(2)(c), parking shall ,be provided at arate.of one (1) space
per 5,000 S.F. of building floor area devoted to self-storage and accessory
management/administration uses. This requirement maybe r:nodifiedduring the site: plan
approval process if a sufficient number of storage units have direct vehicle access, and
internal driveways are.desiglled to allow cLJstomers to safely park in front of their storage
unit without impeding internal circulaiioll'[3ased, on ,the proposed site pl.an rnodificatieri a
tafell of 72.200 S.F of storage and office space, which equates to a total of 14 parking
required at one (1) per 5,000 S.F. Th.e applicant has provided a total of 16 parking spaces
which exceeds the LOR requirement. .
Pursuant to 4.3.4(4)(6)(b)(6), Along Military Trail, from the L-38 Canal northwqrd 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 feet (10').
Planning and Zoning Board' 'f Repc. neeting of 01/23106
Robotic Space Savers - Annexation, FlUM, and Rezoning
Page 8
Pursuant to 4.3.4(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
set forth 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 setforthih Article4.6 ofthe LDRsshall apply~ Parking
and loading requirements, (number of spaces) shall be as set forth on the site and
development plan. [Amd. Ord. 60-93 10/t2l93]
Florida Statues GoverninQ Voluntary Arinexations:
.
Pursuant to the Florida Statutes 171.044 "the ovmef or owners ofrealpropertie~ ip an
unincorporated area .ofthe County,iwhich is contiguous to a, municipality and reasonably
compact may petitionthegoverningbody of-said municipality that said property 'be annexed to
the rtllmicipality". Pursuant toF. S., 171.044(5) "land shall, not. be ann~xed throlJghvoluntary
annexation when such annexation'results in the creation of enclaves". ,;
Pursuant to F.S. 171.031 (13)" an"encl~ve" is (1 ) any uninc<>rporatedimproved()r c;l~veloped
area that is enclosed within and t)ounded by a single municipality and a natural dr man made
obstacle that allows the passage of vehicular traffic to that unincorporated wep only through
the municipality. . . , ,.'
· The property is' contiguous with the ,OitY and reasonablY' dompact. !hese,'parCe'lshbr)he
remaining subdivision do ,hot technically. meef the definition of an enclave 4 as, they~re
contiguous 'fo.the west with Highpbintwhich:is und~f County jurisdlctiOri How&ver, 'Ntlifethe
County has not yet responded it is anticipatea that they 'Hill not 'support the ,an,ne)(at!on' as
"the, annexation of this property will reqliire.that' County personnel 'must drive' through the
City to provide services 10, the residents of the Rockland subdiviSion.
Land Development ReQulations GoverninQ Annexations:
Pursuant to the Land Development Regulations 2.4.~,(C)(1) "the owner of landmaysee~the
annexation of, contiguous property, under his owne'rship" pursuant' to Floriqa Statutes.' The
property owner has voluntarily petitioned for this annexation. '
CONSISTENCY WITH THE CITY ~S COMPREHENSIVE PLAN:
DesiQnated annexation 'a.rea: ,The terrlt()ryto" be annexed islocated'tlithin '. th~ desi~mated
annexation area (AreaF)' located on 'the west side. of Military Trail 'norfhotAtlantiGAv~Que.
~ . - -: '-, ,'. " ,_ c. -:.- ",- '''': ,,' ," .. ,. '" ..': ..'-.' .:' - ',' .. .... ,.-" _ "" "" i .., " ," -" ,
Annexation of the subject ferritory is consistentwiththe Future Land Use Element PolicytF3.5,
which calls for' annexation of eligible properties through voluntary' annex~tions as the
opportunities arise.
CONCURRENCY:
Provision of Services: Future Land Use Element 8-3.1 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..uM, and Rezoning
Page 9
provided to other similar 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 Sheriff's Office,
located at 345 South Congress Avenue, which serves the South County area. The property
lies within Sheriff Patrol zone 4. Zone 4 is bordered by EI Clair Road on the west, the Atlantic
Ocean on the east, and Boynton Beach 'on the north and Atlantic Avenue to the south. One
officer is assigned to a particular zone during a shift (three 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; anda~ 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: The municipal area is served by Fire Station No.4 .(Barwick
Road and Lake Ida Road). With annexation, the property will receive an improved response
time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on
Hagen Ranch Road. close to t!1e Turnpike) to 2.5 minutes for the City's Fire Department (Fire
Station #4 located at. Barwick and Lake 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: Ttle subject. propertyhas direct access:to Military Trail, which is under theJlJrisdiGtion
of 'Palm, BeachC()unty. . IhejurisdiGtiona.l. responsibility immediately adjacent to the. prgperty
change with annexation as both sides of .the. street will be within the City limits. However,
associated road maintenance will not change upon annexation. .
:Financiallmpacts:
'"
t::ffeCtuDon Ann'exed Property:
The fOrtllo.wing table depicts the current assessed va,lue and. total (County) tflxe? for, th~,s~"';q~~.?t
prope y: . ,
'424614030020010 $22,650.00 $432'.00 ., 19;()'7285 . 23.725398 $537.38 . $1pJf3~ "
424614030020020 $21,390.00 $408',OQ 19.07433 23.725398 $507.49 $99.49
424614030020030 $21,390.00 $408:00 19.07433 23.725398 $507.49 $99.49
424614030020040 $21,390.00 $408.00 19.07433 23.725398 $507.49 $99.49
TOTAL $86,820.00 $1,656.00 19.07395 23.725398 $2,059.84 $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 ~ ! Repc:, Meeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 10
Fire/Rescue MSTU 296.06 3.199300 DELETE 0.00 0.00
Palm Beach County Lib. 49.07 0.540000 DELETE 0.00 0.00
Palm Beach Co.Lib.Debt 5.20 0.040400 "DELETE 0,00 0.00
Florida Inland Navegation '3.33 0.038500 ' 3,33 0.469640
Health Care District 93.76 1.099969 93.76 1.099969
Children Service Council 59,79 0:300201 59.79 0.300201
Palm EJeach County 361.36 4.500000 420.73 4.500000
Palm Beach CoUf'lty Debt , 23.3& 0.267698 23.38 0.267698
Public Schools Debt Servo 19.28 0.274000 19.28 0,274000
Public Schools Loc.Board 230.42 ~.591~!l0 230.422.591990
Public Schools State Law 454.07 4.900000 454.07 4.900000
SFWMD District 51.83 0.510000 ' 51,63 0;510000
SF~MD Everglades Const 8.69 0.811900 8.69 0,811900
City of Del ray Beach 7.466100 Added (City) $648.21 7.466100,
City of Delray .Beach Debt, 0,533900 ~d~ JCity) $4fh35 0;533900
"",,- ,;j~ij,a1~T~t~~:;:~):im;i'~1;W~~~;~:1i~mmml!~~~rt,~[sill ,Qlff~r,~.,~~~m m:l~I~~milll :lli:,I,i,,~~m~~~~Cl,~~~~~1
:11~ll[il~~I~~:
"
* Total tax mileage in the county is 19.0739 mills while.in the city the total mileage is 23.72!)3mill$. Thel'eforethe
difference is 4.2203 mills.
. .. . - - -.
Thecurr~rJt y~arly. ad.' valorerntaxe.s ,. are $1 ,~5p.W.ith .qnnexation. the y.eady' ad, vaiQrer;r:l~tax~~
WIll be$2,05~.84, (1656+403.'84=;=2,059.84); a tax diff~rence of $403.84. ' In addi,tion.to
prbp'~rty taxes, the following Non Ad yalprem fi~cal responsibility wHlapply: " , i'"
Celray Beach Storm Water Utility - This assessment is based upon. th~percentag~.of
impervious area of the buildings, parking areas, etc. A 25% discount fronitlie-asses~meiifis
available since the property is within the lake Worth Drainage District. An additional 25%. is
also available as drainage is retained on site. ' ,.'
S6lidWaste' Authority -' Tile Military Trail annexation areas are serviced unde("fl. p~w
contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's
coo.traGt ..is cprrently througt) ..WasteNaO(:igemenL ..Pu(su~nt 'to. Flori.pa Sta,tute .171.9_{}f;(~)'(~~."
ifa.'party has ap ..excl~sjvefrar1chise'Nhich'isjQ,effect. for ..afleastsix .'l1lontl:~s"p.fi,or ','tQtne
initiation of an cUlnexation,.tt}e{r(:inchise may continue to provide such ser:vicesto,t~e:~u~n~*ed
area for five years or the remainder of the franchise term whichever-is shorter": As the .waste
provider is currently the same this annexation will have no impact.
Resulting Impacts to the Property Owner:
Planning and Zoning Board St, ep~ ~eeting of 01/23/06
Robotic Space Savers - AnnexatIon, FLUM, and Rezoning
Page 11
AD VALOREM TAXES 2006
City Mills. CountY Mills
23.7254 19.07395 = 4.2203
NON AD VALOREM TAXES 2005
Stormwater Assessment (When proposed project is built)
Solid Waste Collection When ro osed' ro'ectis built
WATER & SEWER UTILITY FEES
ANNUAL FINANCIAL IMPACT:
+
$378.39
$299.62
$0.00
+$1,(J81.85
[C"'~"~',~=rc-~;;F;";;::;;m;'~'::,'f?~.:?~r.~.'E'7"",,,77;'7'~,,,,",~3R~~-
~t~~~~~:~J
Fire .Respo~se
+
Faster response, from an est,mate.d&.5
minutes Coun ) to 2.5 minute.s (Ci ).
Faster response from an estimated 5.5
minute.s c.Qun to 2.5 IT!inutesCi .
Better respollse. based.upon more officers
in field; 14 patrollcars p~~shift daytime,
15 afrolr ~rS. dpringth~ night.
Pro-active vs reactive' ()PP9rtu'nity to work
with roperty' owners.
Emergency Medical
Service.s EMS
Police
+
+
Code Enfor<:erneot
+
Fiscal Impacts tothe City: At the 2003/2004 City 9perating mUage()f7.4661 mills and de~t r~te
of ,0.5339'mills,theproperfy will generate apprpximateIY$403.84 inrl~w ad .valorem tax~spe,r
Y. ear.. '.Additional revenues will be rea.. Hzed . through increased assessment .value', th~.ap~ual
. '. '-:. i',. . ." .' " " '-_, -_ '" . . . :, c' , <.. "_'. _' _ '_ "'_:"_'" :' _ i.'_ .:: . ',',,: . ...... _ .,.,.' <' .~'~ ',_'._,.... .
'eollectibn of . the. storm water asses'$I1i~nt ,. fee as well as utiHtytaxes (9.5% ,ele,Ctr,lc,'7,%
telephone) and franc. 'il. ise fees on electric,' telephon. e,. and. ~ble. ' . , ..
. . . '. '. '- -' -. : ' . ~ ....
. . . .
AD..VALOREM'" AXES 2bO~
City of Delray Beach: (7.4661 Mills)
Ci of Delra Beach Debt (0.5339 Mills)
SUB-TOTAL
NON-AD VALOREM TAXES
Storm Water Utili (# sq.ft. of impervious area/2,502) X $54)
SUB-TOTAL
PARK AND RECREATION IMPACT FEE
$500er dwellin
TOTAL
$0.00
$694;56
Future Land ,Use. Map Consistency, Concurrency, Comprehensive Plan'. Consistency and
Compliance with the development criteria of the LOR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
The proposed City zoning designation is SAD (Special Activities 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. This use 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 Famify Residential- Low Density) to the south.
Section 3.2.2 (Standards for RezoninQ Actions): Standard "A", "S", "C", an.~ "E" are not
applicable with respect to this rezoning request. Standard "O"requires that the
rezoning shall result in allowing land uses which aredeerned compatible With adjacent
and nearby land use both existirigand,proposed; 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 theadjacellt developmentf?attem, to the south, east, and west of the subject
property. The proposed storagefacmtyc~eatesconcerns with respect to compatibility with the
surrounding existing development, and its potential to negatively impact the character of the
area. Therefore, the proposed Rezoning to Special Activities District (SAD) does meet the
requirements of LDR Section 3.2.2 (D)Standards for Rezoning Action and should be denied.
Fur1het, pursuant to 4.4. 25(A), the purpo~~ and intent of~heSpeyial,?\ctiVitie.$'"Oi$irlttjs::~9
provide a, zone, district. which .is appropriat~ for Projects which ar~ not otherwise,classlfled .or
cateQorizedin other zone districts; or, which forSQ[l1eother reason, ca,.n not be., proR,eify
acCommodated in the bther zOriedistticts. This use is',cla~sified.~nd<#tegori~ep ,in.}he,MIC
zone district LI zone District and certain areas.of GC (General Commercial) zoned district. 'to
accommodate a self storage, faoility upd~rthesezo~~qe,~iQpations vvouldrequire a land use
category of Commerce, Industrial or Gerleral GommerCialand zoning of Mixed Industrial, Light
Industrial and Commercial. Given the predominant residcegtialnaturepf.t~,e;agjac,ent land uses
those designations' would clearly be' inappropriate. By utilizing '. ttl~ SAD ordinance process the
applicant will Introduce these industrial and/or cornmercicil typ~ usestot!1,e sit~. Aspreviously
stated office, commercial and industrial uses are iriconsistentwiththe predominantly residential
character of the adjacent properties.
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 ~he zoning had previously been changed, orwas.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 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 subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palin Beach County Notice:
Oh January 9, 2006 the Palm Beach County Planning Division was notified of the City'sintentto
annex this property.
Lake \North Drainaae District:
On January 18, 2006 Lake Worth Drainage Oistnct 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 providedfo the'
Interlocal. Plan Amendment Review Committee (IPARC) which distributes the.ihformatioh to
adjacent municipalities. No objections have been received. .
>
Carines" Ndtices:'
Special courtesy notices were provided to the following homeowners and civic associations:
" J;:;J"PROD. (Progressive Residel]ts of Dekay)
'd, . Cprolyn Zimmerman, Presidents Council
o Neighborhood Advisory Council
-0 Gerald DeFoe
o Gary Lord
o Gary Horatsis
o Nancy Monaco
o Frances Chassen
o High Point Delray West 1
q High Point Delray West 2
o High Point Delray West 3
Public Ndtice:
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 . .'f Repl Meeting of 01123106
Robotic Space Savers - Annexation, FLlJM, 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 Policy A-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 recommeflds the
subject property be annexed with a Future 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 Enforcement services'. The
property will experience a slight increase in ad valorem taxes.
A. Continue with direction.
R Mov~ a. recommendation of approval tothe City Commission fQr the voluntary annexation,
FLUM AmendmentfrqmGounty LR-3 to ,Transitional< (l'RN), and the.initialzonJng
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(0) (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 voluntary annexation,
FLUM Amendment from County LR-3 to.. 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 finding that therequ~~tand
approval thereof is not consistent with the Comprehensive Plan nor meets 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 denial to the City Commission for the voluntary annexation, FLUM
Amendment from County LR-3 to City Transitional (TRN), and the initial ioningdesignation of
SAD (Special Activities District) for the subject property, by adopting the findings of fact and law
contained in the staff report, and failure to make positive findings with respect to LOR Section
3.,2.2.(D), 3.1.1. (Future Land Use Map), 3.1.1. (Compatibility) 2.4.5.(0)(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: Estefio Breto, Senior Planner
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[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
2()() NW Iq AVENUE' DELRAY BEACH. FLORIDA 33444
IT:LEPHONF: 56112.+'q()l)f) . FACSIMILE: 5611278-4755
DELRAY BEACH
F lOR I D II
D.e:d
All-America City
Writer's Direct Line: 561/243-7091
" III! DATE:
MEMORANDUM
January 19, 2007
1993
2001
TO:
City Commission
David Harden, City Manager
~~
Brian Shutt, Assistant City Attorney
FROM:
SUBJECT: Resolution 4-07 - Contract for Sale and Purchase between the CRA
and the City and Interlocal Aareement for 145 SW 1ih Avenue
Attached please find Resolution No. 4-07 which adopts and includes the Contract
for Sale and Purchase between the City and the CRA in the amount of $10.00 for
the purchase of the property located at 145 S.W. 12th Avenue. The residential
home located on this property shall be renovated and additions shall be made to
this structure so that it may be used as office space in conjunction with the
Neighborhood Resource Center. The attached Interlocal Agreement provides that
the CRA shall pay for the construction costs of the conversion while the City shall
oversee such construction. This transaction has been advertised and is ready for
approval by the City Commission.
Our office requests that this Contract for Sale and Purchase and Interlocal
Agreement between the CRA and the City be placed on the February 6, 2007 City
Commission agenda for approval. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Lula Butler, Director of Community Improvement
Diane Colonna, Director of the Community Redevelopment Agency
10. I
,CJ~
~.
RESOLUTION NO. 4-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING
THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located
at 145 S.W. 1ih Avenue, to provide land to be used in conjunction with the Neighborhood
Resource Center, a valid public purpose; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described
to the City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer,
hereby agrees to purchase from the Delray Beach Community Redevelopment Agency, as
Seller, for the purchase price of Ten Dollars ($10.00), and other good and valuable
consideration; said parcel being more particularly described as follows:
Lot 12, Block 6, Atlantic Gardens, Plat Book 14, Page 63, Palm Beach
County, Florida
Section 2. That the terms and conditions contained in the contract for sale and purchase
and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove
named are incorporated herein as Exhibit "A".
PASSED AND ADOPTED in regular session on the
,2007.
day of
MAYOR
Attest:
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, of 20 North Swinton Avenue,
Delray Beach, Florida (Phone: 561-276-8640) ("Seller"), and the CITY OF DELRAY BEACH, a Florida
municipal corporation, of 100 N.W. First Avenue, Delray Beach, Florida 33444 (Phone: (561)243-7090),
hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "Propertv") upon the following terms and conditions, which INCLUDE the Standards for
Real Estate Transactions ("Standard(s)") on the reverse side hereof or attached hereto and riders and any
addenda to this Contract for Sale and Purchase ("Contract").
I. DESCRIPTION:
(a)Legal description of the Real Property located in Palm Beach County, Florida:
See legal description attached hereto and made a part hereof
(b) Street address, city, zip, of the Property is: 145 S.W. 12th Avenue, Delray Beach, FL
PURCHASE PRICE: $10.00
II. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and
delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties prior to such
offer being withdrawn by the first party signing, this offer will be withdrawn. The date of Contract ("Effective
Date") will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile copy of
this Contract and any signatures thereon shall be considered for all purposes as originals.
III. TITLE EVIDENCE: Prior to closing, Buyer may, at Buyer's expense, obtain a title insurance
commitment and, after closing, an owner's policy of title insurance.
IV. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered
within one hundred twenty (120) calendar days following the execution of this Contract, unless modified by
other provisions of Contract.
V. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land
use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority;
restrictions and matters appearing on the plat or otherwise common to the subdivision; and public utility
easements of record.
VI. OCCUPANCY: Seller warrants there are no parties in occupancy other than Seller; but if Property is
intended to be rented or occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants
shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk
of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and
shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless
otherwise stated herein.
VII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders
and addenda shall control all printed provisions of this Contract in conflict with them.
VIII. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) _may assign and thereby be released from any
further liability under this Contract; _may assign but not be released from liability under this Contract; or
~may not assign this Contract.
IX. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and
CHECK HERE~.
CITY OF DELRAY BEACH
DELRA Y BEACH COMMUNITY REDEVELOPMENT
AGENCY
By:
By:
Tax ID No.
Tax ID No.
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
BUYER:
CITY OF DELRAY BEACH
PROPERTY ADDRESS:
145 S.W. 1ih Avenue, Delray Beach, FL
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties shall comply
with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued
thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand
of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non-foreign status in the
manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such
certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is
required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount
over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on
the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is
insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash
equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on
the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS
for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such
ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably
satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have
the obligation to provide to the escrow agent from the closing proceeds (or from the Seller's other resources if
necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to
the Seller upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal
taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may
acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to
receive the number after application and the IRS will not process these forms without the actual number, a
party lacking a TIN is advised to apply immediately.
B. The Buyer shall have sixty (60) calendar days within which to conduct any and all feasibility studies
and determinations relative to the suitability for the acquisition of the subjeCt property by the Buyer and the Buyer
reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in
Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility studies and determinations,
including environmental assays, core drilling, surveys, soil sampling and other such testing.
Page 2 af6
C. This Contract is expressly contingent and conditioned upon the approval of the same by the City
Commission of the City of Delray Beach.
D. The parties represent and warrant that there is no broker involved in this transaction to whom a
commission would be due.
SELLER'S INITIALS:
BUYER'S INITIALS:
Page 3 of 6
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to
Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to liens, encumbrances,
exceptions or qualification provided in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title
subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of
receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the
defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s), failing which Buyer shall, within five (5) days after
expiration of the thirty (30) day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which
Seller shall use diligent effort to remove the defects; or (2)requesting a refund of deposit(s) paid which shall immediately be retumed to Buyer. If Buyerfails to
so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, iflitle is found unmarketable, use diligent effort to correct defect(s)
in title within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s),
thereby releasing Buyer and Seller from all further obligation under this Contract.
B. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property surveyed and certified by a registered
Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements,
lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect.
C. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as
described in Paragraph V hereof. title to which is in accordance with Standard A.
D. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying
the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from
each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter
contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer.
E. LIENS: Seller shall fumish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing
statements, claims of lien or potentiallienors known to Seller and further attesting that there have been no improvements or repairs to Property for 90 days
immediately preceding date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics'liens
executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general
contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a
mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract.
F. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated
by Seller.
G. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Anytime periods
provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. TIme is ofthe essence in this
Contract.
H. DOCUMENTS FOR CLOSING: Seller shall furnish deed. bill of sale, construction lien affidavit. owner's possession affidavit, assignments of leases,
tenant and mortgage estoppel letters, and corrective instruments. Buyer shall fumish closing statement, mortgage, mortgage note, security agreement, and
financing statements.
I. EXPENSES: Recording corrective instruments shall be paid by Buyer. Recording of deed shall be paid by Buyer. Unless otherwise provided by law or
rider to this Contract, charges for the following related title services, namely title or abstract charge, title examination, and settlement and closing fee, shall be
paid by the party responsible for fumishing the title evidence in accordance with Paragraph III.
J. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be
paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, any
pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment
for the improvement by the pUblic body.
K. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed
valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with
restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the
option of either taking Property as is, together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract
and receiving retum of deposit(s).
L. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been fumished,
evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title
unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attomey or other mutually acceptable escrow agent for
a period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period,
notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the
defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be retumed to Buyer and simultaneously with such repayment,
Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make
timely demand for refund. Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue
of warranties contained in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of
the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in
this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds
as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures
adverse matters pursuant to Section 627.7841. F.S., as amended.
M. .'CROW: ARy eSSFElW ageRt ("~!") FElseiviAg fl,jAEls er equivaleAt is autl:1eFizeEl aAEI agFEles by aOOe(:llaASe ef tl:1em te Ele(:lesit Illem (:lFElm(:ltly, l:1elEl
same iA eSSFEl'N aAEI, sul:ljeGlle SleaFaASe, ElisbuF6e them iA aooer-EIaAse wilh terms aAEI GGRElilioAs ef CeAtrast. r;ailuFEl at SleaFaASe Elf (UAElS sl:1all ASt Elxsuse
Buyer's (:leFfarmaAse. If iA Elsubt as ts AgeAt's Elulies sr liabilities uAEler tl1e (:lr-e' 'isieAs sf CSAlFasl, ^ €leAl may. at l'.geAI's El(:ltiaR, seAliAue ts I1slElthe sul:ljeGl
matter at the essraw uAlil tl1e (:lar!ies Rerete agFEla ts its ElisbuF6emeAt. ar uAtil a jlJl:lllmeAI sf a saur! ef Sam(:l9teAt jurislliGlieA sRall EletermiAe the Rgl1tS ef tl1e
(:larlies er l\geAt may e1e(:lssit with the slerk Elf tl1e siFGuit seur! RaviAg jurislliGliElA af tRe Elis(:lute. U(:lElA AetifyiAg all (:lar!ies seAserAeEl Elf SUSR aGlieA, allliabilily
eA the (:lart Elf /'.geAt shall fl,jlly termiAate, exsept tethe exteAt sf aOO8uAtiAg fer aAy items (:lrevieusly Eleli'leFElEleut Elf eSSFEl":. If a liseAseEl real estate breker,
Page 4 of 6
AfjeAt will semply witl:1 pFEl\<isieRs ef Cl:1apter 175, F.S., as ameREleEl. ARY sllit sew:eeR 811yer aREI Seller wl:1ere l'.geRt is maEle a par:ty seGallse ef astiR!! as
^€jeAt herellREler, er iR aAY Sllit wl:1eFeiA AlleRt iRteFJlIElaEls Il:1e slllljaGt ma"er af Ihe essr:e"" /\lleRtsl:1all rese'ter r:eas8Rasle allorRElys' fees aREI 69StS iRSIlIl'llEl
'IIill1ll:1ese amellRts te se paiEl fr:em aREI ellt 8f tl1e essr-eweEl RJRElS er el111ivaleRt aREI sl1aFgeEl aREI a'llaFlleEl as 6911R sasts iR faV8r ef Il1e pre'iailiR!! paFty. Tl1e
/'.€jeAt shall Ret seliasl818 aRY party er perseR fer misElelivery ta Bllyer er Seller ef items sllsjest ta tl1is essr:ev', llRless SIlSI:1 misElelivery is aile ta 'IAllfulsFElasl1
ef CeRtmGl er llr8ss RelllilleRS9 Elf /'.!!eRI.
N. ATTORN&Y F&&S; COSTS: IR aAY lili!!atiElR, iRslllEliR!!Sreasl1. eRfeFElemeAt er iRleFJlrEllatieR, aFisiR!!811t Elf Il1is CeRtmsl, Il:1e prevailiR!! paFty iR SIlSI1
liti€jati8R \\'l1isl1, far Ihe PllFJleSeS Elf this StaRElaFll, sl1all iRGlllae Seller, 811yer, aREI aRY sFekeF6 astiR!! iR a!!eRGy er ReRalleRGy relati8Rships alltl:1eFizeElsy
Chapter 175, F.S., as ameREleEl, sl1allse eRlitleEl te rese'lar fr:em Il1e ReR prevailiR!! paFty reaseRasle a"emey's fees, sesls, aREl9J(f:leRs9s.
O. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid
by Buyer and deposit(s) agreed to be paid, may be recovered and retained by or for the account of Seller as agreed upon liquidated damages, consideration
for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller,
at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title
marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract. the Buyer may seek specific performance or elect to receive the return
of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
P. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This
Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one
gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party.
Q. CONVEYANCE: Seller shall convey title to Real Property by statutory Special Warranty Deed. subject only to matters contained in Paragraph V and
those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to
such matters as may be otherwise provided for herein.
R. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No
modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by
it.
S. WARRANTIES: Seller warrants thatthere are no facts known to Seller materially affecting the value of the Property which are not readily observable by
Buyer or which have not been disclosed to Buyer.
Page 5 of 6
LEGAL DESCRIPTION
Lot 12, Block 6, Atlantic Gardens, Plat Book 14, Page 63, Palm Beach County, Florida
Page 6 of 6
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF DELRA Y BEACH AND THE
DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY
THIS INTERLOCAL AGREEMENT is made this _ day of
200_ by and between the CITY OF DELRAY BEACH, a Florida municipal corporation
("City") and the DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY
("CRA").
WIT N E SSE T H:
WHEREAS, the CRA owns the property described in Exhibit "A" and wishes to
transfer ownership of the property to the City to be used in conjunction with the
Neighborhood Resource Center; and
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties hereby agree as follows:
1. Recitations. The recitations set forth above are hereby incorporated
herein.
2. Conveyance of Property. The CRA shall convey the property as
described in Exhibit "A", to the City, for the cost of $10.00 as consideration, receipt of
which is hereby acknowledged by the CRA. The transfer shall be by special warranty
deed and the City shall use the property in conjunction with the Neighborhood
Resource Center.
3.
FundinQ of Improvements.
The CRA shall fund all construction
work/improvements, up to $100,000.00, to the structure located at 145 S.W. 1th
Avenue that are necessary to convert the building from residential to office use,
including the construction of additional offices as provided for in architectural plans
prepared for the CRA. Once all improvements are completed, normal maintenance and
repairs shall be the responsibility of the City.
4. Term. The term of this agreement shall commence when approved by
both parties and when executed by the last signatory to this agreement and shall expire
after the property has been transferred to the City and when the CRA has provided all
of the funding, to the City, for the improvements.
5. Interlocal Aareement. This Interlocal Agreement shall be filed pursuant
to the requirements pursuant to Section 163.01(11), Florida Statutes.
6. Final AQreement: Modification. No prior or present agreements or
representations with regard to any subject matter contained within this agreement shall
be binding on any party unless included expressly in this agreement. Any modification
of this agreement shall be in writing and executed by the parties.
7. Severabilitv. The invalidity of any portion, article, paragraph, provision,
clause, or any portion thereof contained within this Agreement shall have no force or
effect upon the validity of any other portion hereof.
8. Laws: Venue. This Agreement shall be governed by and in accordance
with the Laws of Florida. Venue for any action arising from this agreement shall be in
Palm Beach County, Florida.
9. SiQnatures Required. This Agreement shall not be valid until signed by
the Mayor and City Clerk.
ATTEST: CITYOF DELRAY BEACH, FLORIDA
By:
City Clerk
Approved as to Form:
Jeff Perlman, Mayor
2
City Attorney
By:
Print
Title:
Print Name: GL- k
~~ife~ Cc>"Mo
STATE OF FLORIDA
COUNTY OF fJ /Jv/n (b (."1 C-I f
The foregoing instrument was acknowledged before me this II ~ day of
<7Ant-L-P1"~ ' 200.1by F'/l,4-/lk vJ I1~.~r; lJ111, /tYh4,J (name of officer or agent,
title of offi er or ag.,ent) of 7Jz L /1.-/), ':; /3'f .4L-11 C' "e~ (name of corporation
acknowledging), a ,-t.---tJ/Z-I{}/j- (state or place of incorporation) corporation, on
behalf of the corporation. . He/She is personally known to me or has produced
(tYpe of identification) as identification and did (did not)
take an oath.
'-if#<<- J-n~P";
Sign ure of Notary P lic
~~'~ JEAN MOOREFIELD
V MY COMMISSION 11 DD4434S6
<jl. ..
...~,,~ EXPIRES: June 22, 2009
Off\; .
(407) 398-0153 Aorida No1ary SeMce.eom
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TO:
THRU
, DIRECTOR OF PLANNING & ZONING
FROM:
SUBJECT: MEETING OF FEBRUARY 6, 2007
CONSIDERATION OF PRIVATELY INITIATED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS (LDRS) ARTICLE 4.7 "FAMILY
WORKFORCE HOUSING," SECTION 4.7.9 "GENERAL PROVISIONS," TO
ALLOW ONE BEDROOM UNITS IN THE WORKFORCE HOUSING PROGRAM
The item before the City Commission is approval of privately-initiated amendments to the Land
Development Regulations to allow one-bedroom units in the City's Workforce Housing Program.
The FamilylWorkforce Housing Ordinance was originally adopted by the City Commission on
December 6, 2004 to encourage workforce housing. The program has been amended twice
since that date to provide additional opportunities and incentives for the provision of workforce
housing. Privately-initiated amendments are currently being proposed by two separate
applicants to allow one-bedroom units in the program. As currently written, the program is
geared to provide affordable housing for larger families. However, as the program has
progressed, it has been noted that there is also a need to provide affordable units for singles
and married couples without children who provide critical services in the City. Smaller, one
bedroom units would help to maintain the level of affordability for this segment of the population.
The proposed amendment includes provisions to cap the number of one-bedroom units to no
more than 30% of the total units in the project and to prohibit efficiency and studio type units.
Additionally, the requirement that the ratio between market rate and workforce units be
consistent by unit type has been expanded to include one-bedroom units.
The text amendment was considered by the Planning and Zoning Board on January 22, 2007
No one from the public spoke on the amendment. The Board discussed the Ordinance and
recommended approval on a 5 to 0 vote (Krall stepped down), by adopting the findings of fact
and law contained in the staff report and finding that the amendment is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development
Regulations.
By motion, approve on first reading Ordinance No. 02-07, amending Land Development
Regulations Article 4.7, "FamilylWorkforce Housing, Section 4.7.9, "General Conditions," by
adopting the findings of fact and law contained in the staff report and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the
Land Development Regulations, with second reading to occur on February 20,2007.
Attachments:
· Ordinance No. 02-07
· Planning & Zoning Staff Report of January 22, 2007
)'2.R
ORDINANCE NO. 2-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.7.9, "GENERAL PROVISIONS", TO
CLARIFY THE TYPE AND NUMBER OF CERTAIN UNITS
ALLOWED; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on January 22, 2007 and voted 5 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.7.9, "General Provisions", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
amended to read as follows:
Section 4.7.9 General Provisions
a. If not located offsite, all workforce housing units constructed or rehabilitated under this
program shall be situated within the development so as not to be in less desirable locations
than market-rate units in the development and shall, on average, be no less accessible to
public amenities, such as open space, as the market-rate units.
b. Workforce housing units, if located within a market rate unit development or located offsite,
shall be integrated with the rest of the development and shall be compatible in exterior
design, appearance, construction, and quality of materials and contain comparable HV AC
systems and appliances with market rate units and provide them as standard features. All
workforce housing units shall contain comparable square footage to the corresponding
market-rate unit.
c. The developer shall endeavor to provide workforce housing units that include unit types in
the same proportion as the market rate housing unit types. The following conditions must be
met:
1. The proportion of 1 bedroom workforce units to total workforce units may not exceed
the proportion of 1 bedroom market rate units to total market rate units.
I!. The proportion of 2 bedroom workforce units to total workforce units may not exceed
the proportion of 2 bedroom market rate units to total market rate units.
11!. The proportion of 3 bedroom workforce units to total workforce units must meet or
exceed the proportion of 3 bedroom market rate units to total market rate units, unless
4+ bedroom workforce units are provided.
iiiy. The proportion of 4+ bedroom workforce units to total workforce units must meet or
exceed the proportion of 4+ bedroom market rate units to total market rate units.
IV. If the development contains a mix of different types of units, (e.g. condominium,
townhouse, detached, etc), the proportion of workforce units of each type to total
workforce units must be approximately the same as the proportion of market rate units
of each type to total market rate units.
V!. If the development includes both for sale and for rent units, the proportion of for rent
workforce units to for sale workforce units must not exceed the proportion of for rent
market rate units to for sale market rate units; provided however if the workforce
housing units are funded under Florida Housing Finance Corporation's Housing Credit
or SAIL Programs, the proportionality requirement herein stated shall not apply if the
development provides at least twenty percent (20%) of the "for sale" units as workforce
housing units.
vI!. Notwithstanding Section 4.7.9 c. i., ii, iii, iv and iv. above, in the Southwest 10th Street
Overlay District at least 75% of the workforce housing units shall be 3 bedroom units
offered for initial sale in an amount not to exceed $225,000.00 and 25% of the
2
ORD. NO. 2-07
workforce housing units may be 2 bedroom units offered at the low income affordability
rate.
d. The construction schedule for workforce housing units shall be consistent with or precede
the construction of market rate units.
e. There shall be no lot premiums charged on the workforce housing units.
f. All fractional bonus densities shall be rounded down.
g. The City of Delray Beach, its successors and assigns may enforce the covenants. No
amendments to the covenants shall be made unless by written instrument approved by the
City.
h. No one bedroom Wlits efficiency or studio type units shall be allowed under the
family/workforce housing program.
1. The total number of one bedroom units in any qualifying project shall not exceed 30% of the
total number of units in the project. including both family/workforce units and market rate
units.
iJ. Workforce Housing Units constructed according to this policy shall be protected for
subsequent resale or rental to Workforce Households whose income does not exceed the
applicable AMI by deed restrictions or by other equivalent and effective methods.
Conversions of rental units to owner occupied units or vice versa shall require the
subsequent rental or sale to be for the same workforce housing income category.
jk. Workforce Housing Units constructed according to this policy shall only be rented or sold as
a primary residence.
k1. A deed restriction on a form acceptable to the City Attorney shall be recorded in the Public
Records of Palm Beach County. In addition to other restrictions therein contained, said deed
restriction shall prohibit any subletting or assignment of the respective Workforce Housing
Unit to a tenant(s) or purchaser(s) whose income exceeds the percent of the AMI under
which the unit is originally approved. For the purpose of this section, household income is
determined by the cumulative income of all tenants or purchasers under one roof. In
addition, said deed restriction shall limit the maximum permitted resale price to the initial
sale price of the Workforce Housing Units, increased at the same rate as the Palm Beach
County median income has increased from the initial date of purchase. Prior to the closing
3
ORD. NO. 2-07
on any sale, resale or prior to any rental of any workforce housing unit, the City shall be
notified of the sale, resale or rental.
1m. For both sale and rental of Workforce Housing Units, affordability and occupancy
restrictions shall remain in effect for 40 years and shall apply to any replacement structure or
structures constructed if a structure containing a Workforce Housing Unit or Units is
demolished or destroyed, provided that if demolition or destruction of a structure containing
Workforce Housing Units occurs 35 years after recording of the restrictions and said
demolition or destruction was unintentional, restrictions on the units in the structure shall
terminate on demolition or destruction.
mn. Nothing requires a workforce household to vacate a rental workforce housing unit or sell a
workforce housing unit if the tenant(s) or purchaser (s) income later exceeds AMI.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_dayof ,200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4
ORD. NO. 2-07
PLANNING AND
MEETING DATE:
JANUARY 22,2007
IV.C.
AGENDA NO.:
AGENDA ITEM:
CONSIDERATION OF PRIVATELY INITIATED AMENDMENTS TO THE
LAND DEVELOPMENT REGULATIONS (LDRS) ARTICLE 4.7 "FAMILY
WORKFORCE HOUSING," SECTION 4.7.9 "GENERAL PROVISIONS,"
TO ALLOW ONE BEDROOM UNITS IN THE WORKFORCE HOUSING
PROGRAM
The item before the Board is that of making a recommendation to the City Commission
regarding privately initiated amendments to the Land Development Regulations to
accommodate revisions to the City's Workforce Housing Program.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6,
2004, included incentives to provide workforce housing by allowing density bonuses within the
Southwest Neighborhood Overlay District. The program was expanded with amendments
adopted in April 2006 to provide additional opportunities and incentives for the provision of
workforce housing. Major revisions included establishment of an additional workforce housing
overlay district known as the Infill Workforce Housing Area and increasing the maximum density
within the Carver Estates Overlay District from 12 units per acre to 24 units per acre. The
amendments also included adding references to the newly created Delray Beach Community
Land Trust, increasing the affordability time frames from 30 to 40 years; allowing lots of record
between 40 feet and 50 feet to be developed for workforce housing; and requiring provision of
workforce housing to qualify for increased density or height in the CBD zoning district.
The program was amended again in July 2006 to give the same density bonus for "for sale"
units as "rental units"; to not require that similar proportions of "for sale" and "rental units" within
a project when funded by state financing programs and it contains at least 20% "for sale"
workforce units; and to add a provision that the Community Land Trust (CL T) receives rights of
first refusal on workforce housing units developed on non-CL T owned lands.
Privately-initiated amendments are currently being proposed by two separate applicants to allow
one bedroom units in the program. This amendment to the Workforce Housing program was
originally included with another text amendment which dealt with in-lieu payments. The Planning
and Zoning Board continued the item in its entirety at the December 18, 2006 meeting and
asked that the two issues be reviewed separately.
The text amendment seeks to include one-bedroom units in the Workforce Housing Program.
As originally written, the program was geared to provide affordable housing for larger families. In
Planning and Zoning Board Memorandum Staff Report, January 22, 2007
Amendment to LDRs Pertaining to Workforce Housing Program - One Bedroom Units
fact, an additional density bonus is given for units with 4 or more bedrooms. As this program
has progressed, it has been noted that there is also a need to provide affordable units for
singles and married couples without children who provide critical services in the City. Smaller,
one bedroom units would help to maintain the level of affordability for this segment of the
population. As stated by the applicant:
"Most contemporary multi-family residential projects contain a mix of floor plans
containing one bedroom units. These one bedroom units are typically occupied by young
singles, young families with no children, adult singles and other similar users. All of
these users clearly should be targeted groups for any program to provide workforce
housing. However, presently Ordinance 18-06 does not allow for one bedroom units
which would have an effect of either excluding a large group of users or forcing them to
occupy two or three bedroom units at a higher rental or purchase price."
and
"Delray Beach has a very large tourist industry and much of the workforce is comprised
of service industry employees. Many of these employees are young and/or single. By not
allowing one bedroom units, the City is not addressing the needs of a large portion of its
needed employment base. "
The amendment also includes provisions to cap the number of one bedroom units to no more
than 30% of the total units in the project and to prohibit efficiency and studio type units.
Additionally, the requirement that the ratio between market rate and workforce units be
consistent by unit type has been expanded to include one bedroom units. For example, if 25%
of a project's market rate units are one bedroom units, no more than 25% of the workforce units
may be one bedroom units.
REQUIRED FINDINGS
LOR Section 2.4.5(M)(5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in
addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable Objectives and Policies were noted:
Future Land Use Element Obiective A-5
The City shall maintain its Land Development Regulations, which shall be regularly reviewed
and updated, to provide streamlining of processes and to accommodate planned unit
developments (PUD), mixed-use developments, and other innovative development practices.
As participation in the Workforce Housing Program continues, it will be necessary to modify the
regulations from time to time to increase efficiency and to ensure that the intended results are
achieved. The inclusion of one bedroom units in the program will improve the efficiency of the
program by lowering the cost for singles and smaller families who do not need larger units.
2
Planning and Zoning Board Memorandum Staff Report, January 22, 2007
Amendment to LDRs Pertaining to Workforce Housing Program - One Bedroom Units
Housina Element Obiective B-1
The City's existing housing supply accommodates households having a wide range of economic
ability. There is very little vacant land left, especially large tracts, for new housing development.
Through its housing programs, the City shall work to ensure that there continues to be an
adequate supply of housing to accommodate very low, low, and moderate income households,
as well as manufactured and mobile homes.
Housina Element Obiective B-2
Redevelopment and the development of new land shall result in the provision of a variety of
housing types which shall continue to accommodate the diverse makeup of the City's
demographic profile, and meet the housing needs identified in this Element.
The proposed amendments will further these objectives and policies. The goal of this program is
to encourage the provision of housing which is affordable to very low to moderate income
households through the use of incentives.
Based on the above, a positive finding can be made that the amendments are consistent with
and further the Goals, Objectives, and Policies of the Comprehensive.
Community Redeve/oDment Aaency (CRA):
The CRA considered the text amendments at its meeting of December 14, 2006. The Board
recommended approval.
West Atlantic Redeve/oDment Coalition (WARC):
WARC considered the text amendments at its meeting of December 13, 2006. The Board
recommended approval.
Downtown Deve/oDment Authority (DDA):
The DDA considered the text amendments at its meeting of December 11, 2006. The Board
unanimously recommended approval.
PineaDDle Grove Main Street:
The Board considered the text amendments at its meeting of December 5, 2006 and
recommended approval.
Courtesv Notices:
Courtesy notices were provided to the following homeowner and civic associations:
· Progressive Residents of Delray (PROD)
· President's Council
· Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
3
Planning and Zoning Board Memorandum Staff Report, January 22, 2007
Amendment to LDRs Pertaining to Workforce Housing Program - One Bedroom Units
The purpose of the privately initiated LDR text amendments is to further enhance the City's
Workforce Housing Program by adding flexibility to the program. The proposed amendments
are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan.
Move to recommend to the City Commission approval of privately initiated amendments to the
Land Development Regulations (LDRs), Article 4.7, "Family Workforce Housing," Section 4.7.9
"General Provisions," to allow one bedroom units in the Workforce Housing Program, by
adopting the findings of fact and law contained in the staff report and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5{M) of the
Land Development Regulations.
Attachment:
· Proposed Ordinance
4
o~
N1
FROM:
DA~~.H N,
PAul~J~G. . IRECTOR OF PLANNING AND ZONING
EST~ BRETO, SENIOR PLANNER
MEETING OF FEBRUARY 6, 2007
PRIVATELY INITIATED REZONING FROM I (INDUSTRIAL) IN PART AND OS
(OPEN SPACE) IN PART TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) FOR
AN 10.7 ACRES PROPERTY LOCATED ALONG DEPOT ROAD. NORTH OF THE
OLD TRAIN STATION. BETWEEN THE CSX RAILROAD AND 1-95.
TO:
THRU:
SUBJECT:
The subject property is located along Oepot Road, north of the Old Train Station, between the CSX
Railroad and 1-95 and contains 10.7 acres. The property has never been developed and is currently
vacant. This application is accompanied by a FLUM amendment from INO (Industrial) to CMR
(Commerce) as part of 2007-1 being considered concurrently by the City Commission. These
applications have been submitted to accommodate a development proposal which will include
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 Oistrict 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. 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 rezoning from I (Industrial) in part, and OS (Open
Space) in part 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, 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:
Proposed Ordinance No. 71-06
Location Map
Planning & Zoning Staff Report of July 17, 2006
/2.'8
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 IN PART AND OS
(OPEN SPACE) DISTRICT IN PART TO MIC (MIXED INDUSTRIAL
AND COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL
LOCATED NORTH OF THE OLD TRAIN STATION, BETWEEN THE
CSX RAILROAD AND 1-95, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE
DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned I (Industrial) District in part and
OS (Open Space) 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 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 parcel described in the attached Exhibit "A".
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
2
ORD NO. 71-06
EXHIBIT "A"
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF
DELRAY BEACH, LYING IN PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 89" 09"
21" WEST ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 251.13 FEET;
THENCE SOUTH 140 51' 25" WEST ALONG THE EAST RIGHT OF WAY LINE OF THE CSX
RAILROAD, A DISTANCE OF 143.88 FEET, TO A POINT ON A CURVE CONCAVE SOUTHERLY
HAVING A RADIUS OF 600.00 FEET AND A DELTA ANGLE OF 16032' 07"; RADIAL BEARING
THROUGH SAID POINT BEARS SOUTH 120 00' 53.1" EAST; THENCE EASTERLY, AN ARC
DISTANCE OF 173.13 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID
CURVE HAVING A RADIUS OF 599.95 FEET AND A DELTA ANGLE OF 40 12' 45", AN ARC
DISTANCE OF 44.11 FEET TO A POINT ON A CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 3,969.72 FEET AND A DELTA ANGLE OF 60 37' 59"; RADIAL BEARING THROUGH
SAID POINT BEARS SOUTH 08043' 52.3" WEST; THENCE SOUTHERLY AN ARC DISTANCE OF
459.56 FEET; THENCE SOUTH 07> 04' 36.3" EAST A DISTANCE OF 100.38 FEET; THENCE
SOUTH 030 40' 40" EAST A DISTANCE OF 516.72 FEET TO A POINT ON A CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 1,063.92 FEET AND A DELTA ANGLE OF 80 37' 52";
THENCE SOUTHERLY AN ARC DISTANCE OF 160.27 FEET; THENCE NORTH 890 17' 11" WEST,
A DISTANCE OF 122.21 FEET; THENCE NORTH 000 18' 11.4" WEST A DISTANCE OF 25.70
FEET; THENCE NORTH 280 55' 30.8" EAST A DISTANCE OF 160.64 FEET; THENCE NORTH 040
00' 44.1" WEST, A DISTANCE OF 219.69 FEET; THENCE NORTH 040 05' 58.8" WEST, A
DISTANCE OF 466.94 FEET TO THE POINT OF BEGINNING; CONTAINING 61,851.00 SQUARE
FEET MORE OR LESS.
TOGETHER WITH:
A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF
DELRAY BEACH, LYING IN PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 89" 09"
21" WEST ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 251.13 FEET;
THENCE SOUTH 140 51' 25" WEST ALONG THE EAST RIGHT OF WAY LINE OF THE CSX
RAILROAD, A DISTANCE OF 143.88 FEET, TO THE POINT OF BEGINNING SAID POINT BEING
ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 600.00 FEET AND A DELTA
ANGLE OF 16032' 07"; RADIAL BEARING THROUGH SAID POINT BEARS NORTH 12000' 53.1"
WEST; THENCE EASTERLY, AN ARC DISTANCE OF 173.13 FEET; THENCE SOUTH 040 20'
12.9" EAST A DISTANCE OF 466.94 FEET; THENCE SOUTH 040 05' 58.8" EAST, A DISTANCE OF
386.85 FEET; THENCE SOUTH 040 00' 44.1" EAST, A DISTANCE OF 219.69 FEET; THENCE
SOUTH 280 55' 30.8" WEST, A DISTANCE OF 160.64 FEET; THENCE NORTH 890 33'47.6" WEST,
A DISTANCE OF 76.63 FEET; THENCE SOUTH 31028' 40" WEST, A DISTANCE OF 11.68 FEET;
THENCE NORTH 890 33' 34.6" WEST, A DISTANCE OF 254.25 FEET; THENCE NORTH 00" 29'
43.6" WEST, A DISTANCE OF 288.96 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE EASTERLY, HAVING A RADIUS OF 2815.00 FEET AND A DELTA ANGLE OF 07> 23'
45"; THENCE NORTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 363.36 FEET;
THENCE CONTINUE ALONG SAID CURVE CONCAVE EASTERLY AN ARC DISTANCE OF
23.72 FEET; THENCE SOUTH 88046' 29.6" EAST, A DISTANCE OF 2.20 FEET; THENCE NORTH
140 51' 25.0" EAST, A DISTANCE OF 407.26 FEET; THENCE CONTINUE NORTH 140 51' 25.0"
EAST, A DISTANCE OF 143.53 FEET TO THE POINT OF BEGINNING; CONTAINING 404,316
SQUARE FEET MORE OR LESS.
ORD. NO. 71-06
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
July 17, 2006
IV.B.2.e.
Future Land Use Map (FLUM) Amendment from Industrial (IND) to CMR
(Commerce) and Rezoning from Industrial (I) to MIC (Mixed Industrial and
Commercial) for a 8.8 acre parcel located along Depot Road north of the Old Train
Station, between the CSX Railway and 1-95.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant........................ .
Agent......................................... .
Location............................. ~........
Property Size.... ...................... ....
Existing Future Land Use Map
Designation. ..... ........ ..................
Proposed City Future Land Use
Map Designation.........................
Existing City Zoning....................
Proposed City Zoning.................
Adjacent Zoning................North:
East:
South:
West:
Existing Land Use......................
Proposed Land Use....................
Water Service.............................
Sewer Service.... .................. .......
Depot Industrial Center, LLC.
Charles Putman
Along Depot Avenue east of the
CSX Railroad Track, west of 1-95,
and to the north of the Old Train
Station.
8.8 Acres
Industrial (IND)
GMR (Commerce)
Industrial (I)
MIC (Mixed Industrial and
Commercial)
MIC (Mixed Industrial and
Commercial)
1-95 Right-of-Way.
MIC (Mixed Industrial and
Commercial)
MIC (Mixed Industrial and
Commercial)
Undeveloped
Mixed-use - Office, Warehouse
and Residential (if text amendment
is approved)
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 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 IND (Industrial) to CMR
(Commerce) and rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial), for a 8.8
acre property located along Depot Road, north of the Old Train Station, between the CSX
Railroad and 1-95.
Pursuant to Land Development Regulations (lOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and rezoning of any property within the City.
,.....,-.,-,--.--~~~~~~~~~ ~
b~~
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 . (Industrial).
Applications have been submitted fora 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/rented
apartments units with 25% of the units being Workforce Housing. This mixed-use project would
be allowed under the proposed MIC zoning (except for the 300 multifamily residential
component), but not under the current I (Industrial) zoning. 'While residential development is not
currentlyaUowed within the existing I or the proposed MIC zoning district, the applicant is also
requesting that the residential component be allowed via the creation of a new overlay district
on this site. It is. noted,however, that the applicant wishes to proceed with the FLUM
Amendment and Rezoning regardless, of whether or not the text amendment to allow the -
residential component is approved.
The Future Land Use Map amendment for the subject property is included as part of
Comprehensive-Plan Amendment 2006-1.
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REQUIRED FINDINGS:
LOR (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, .mt 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 FlUM. Amendment and Rezoning regardless of
whether or not the text amendment to allow the residential component is approved. Therefore,
for the purpose of this report, the applicant's proposed text amendment to allow residential uses
will be considered a separate issue. Since the proposed MIC (Mixed Industrial and Commercial)
zoning district is consistent with the proposed CMR (Commerce) FlUM designation, positive
findings can be made with respect to consistency.
The remaining required findings of LOR Section 3.1.1 (Concurrency, Comprehensive Plan
Consistency and Compliance with the land Development Regulations) are discussed below.
The following Comprehensive Plan Policy applies to Future land Use Map Amendments:
Future Land Use Element PolicvA..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
mustbe based upon circumstances such as shifts in demographic trends, changes
inlhe availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfUlment 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 St<lff 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
shall occur in a manner which is consistent with and complimentary to adjacent
development regardless of zoning designations. This policy shall be implemented
through the review process associated with platting and site plans.
As previously stated, the owner of the property proposes to establish a project that will consists
of 52,284 square feet of office area,49,600 square feet of warehouse, and 250-300
multifamily/rental apartments units on the subject property. Properties to the north, south and
west of the subject property are zoned MIC (Mixed Industrial and Commercial) and property to
the east, adjacent 10 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 pattemin the area, and thus, meets the requirements of the Future Land
Use Element Policy A-2.3 of the Comprehensive Plan. The proposed housing is not currently
allowed in the proposed FLUM designation and will be considered separately.
o Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves a FLUM amendment- on a 8.8 acre parcel from I (Industrial) to CMR
. (Commerce). Concurrency findings. with respect to Parks and Recreation, Schools, Solid
Waste, Drainage, Water and Sewer and Traffic are discussed below:
Parks and Recreation:
The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its
conclusion that 'The City will have sufficient recreation facilities at build-out to meet the adopted
standards". A park impact fee is collected to offset any impacts projects may have on City
recreational facilities. Since residential development is not currently permitted at this location,
there are no impacts to parks and recreation. However, if the proposed text amendment is
approved and the applicant is able to construct housing units on the property, a park impact fee
of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit
for parks and recreation purposes.
Schools:
. A finding of School Concurrency will be required from the School District of Palm Beach County
if residential development is ultimately approved on this site. No concerns are noted at this time.
Planning and Zoning Board St~ff Report: July 17. 2006
Delray Depot - FLUM Amen 3nt and Rezoning
Page 4
Solid Waste:
The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all
development proposals till the year 2021, thus a positive finding with respect to this level of
service standard can be made.
Drainaae:
Any development of the site will be required to retain drainage on-site in compliance with South
Florida Water Management District (SFWMD) requirements. There are no problems anticipated
complying with SFWMD requirements.
Traffic:
A traffic study has been submitted that indicates that the proposed development (with the
residential component) will generate 2,840 daily trips, 265 trips in the A.M. peak hour and 297
trips in the P.M. peak hour. A letter from the Palm Beach County Traffic Division indicating that
the proposed project meets concurrency with the Palm Beach County Traffic Performance
Standards Ordinance will be required. Development of the site without the residential
component may result in additional traffic. It is noted, however, that the maximum development
potential within the CMR (Commerce) FLUM designation and MIC zoning district is similar to
that within thelND (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 curr~nt FLUM. Pursuant to
-the Public Facilities Element Policy A-1.1, existing septic tanks located in sewered areas
throughout the City shall be removed from use as necessary pursuant to Florida Statutes.
Since there are no sewer mains located adjacent to the property, these lines must be extended
to. serve the property when development occurs.
o Compatibility - The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The property is surrounded on the north, south and west by MIC zoned property and/or existing
industrial uses. The property to the east, adjacent to ttle 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 3nt and Rezoning
Page 5
the CSX railroad as well as compatibility issues regarding the surrounding Mixed Industrial and
Commercial development pattern.
o Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Although a site plan for the property has not been submitted, any future redevelopment of the
subject property will have to occur in accordance with the City's Land Development Regulations.
Based on the above, a positive finding with respect to compliance with the Land Development
Regulations can be made. .
~
Future Land Use Map Consistency, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report. Compliance with the Land Development Regulations with respect to Standards for
Rezoning Actions and Rezoning Findings is discussed below.
CONSISTENCY: Compliance with the performance standards set forth in LOR Section
3.2.2, along with the required findings in LDR 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, S, C and E are not applicable. The applicable
,performance standard of LOR Section 3.2.2 is as follows:
(0) That the rezoningshaU result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The following zoning designations and uses. border the property:
Zoninn Desianation: Use:
.
North MIC Vacant
South MIC Industrial
East OS and 1-95 Rioht-of-Way Open Space
West MIC Industrial
The proposed MIC zoning designation of the property is consistent with the prevalent
development pattern of the surrounding properties. As stated earlier, staff does not support the
test amendment to allow residential development in this location.
,LOR Section 2.4.5(0) (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;
Planning and Zoning Board Shff Report: July 17. 2006
DeJray Depot - FLUM Amen\ :nt 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 LDR Section 2.4.5(D)(5) can be made that the
rezoning fulfills subsection "c",
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The property is not in an area that requires review by the Community Redevelopment Agency
(eRA) 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.
c ~~ ^ "'V~','\ ",^ ""v<p ~- ~.",., v ,,- ,,"~r~ ~,~ ;~;.;-::;-V':77'r"""';::;"::"""'-:-:' ""- :..;;:v~~~ ~~"n'"7~"'':''f''''''~~~'' ~~- "r'K -';'"':-,"" ";"',-"''''=~''''''':J~'''~'' ~-"'- ,,~q-:t.?,:""V~~~-:":"''''''Y ~v ". V~~~~1
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The proposed amendment will change the FLUM designation of the property from an IndustriaJ
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), 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. 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.
r ~ ,- ,.." /_~~~_~__~___~_""'~~~~~_~_~~_~<-~~___~_""",",q~~~,,~_~~-.
, ,: ":' :i'{';,;,:;;......'h'e~'i'~;l;g,7,2i fu;h~l1i:::tll V::\Wtl!T~;:;:ictr(OJ\1 ~~;i:{.;;"~;;li;~;,'jt;;;;;,,b/,C',:;i,i,;:!,'ii.~;;fs:i~A;;;(;';,~;;;;ii.);:;j
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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), LDR
Section 2.4.5.(D)(5) (Rezoning' Findings), LOR 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 'Iaw contained in the staff report, and finding that the.requestis 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), LOR Section 3.1.1 (Required Findings), LDR
Section 3.2.2 (Standards for Rezoning Actions) and the Goals, Objective, and Policies of the
Comprehensive Plan.
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Move a recommendation of approval to the City Commission of the privately sponsored FLUM
AmenctmentfromlND (Industrial) to CMR (Commerce) and rezoning from I (Industrial) to MIC
(Mixed Industrial and Commercial)for the subject property located along Depot Road; north of
the Old Train Station, between the CSX Railroad and I~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), LDR Section 2.4.5.(0)(5) (Rezoning Findings), LOR 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.
Staff Report Prepared by: Estelio Breto, Senior Planner
Attachments:
.. Proposed Future Land Use Map, Proposed Zoning Map
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