Agenda Reg 06-06-00CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING
JUNE 6, 2000 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M.
COMMISSION CHAMBERS
1993
The City will furnish auxiliary aids and services to afford an
individual with .a disability an opportunity to participate in and enjoy
the benefits of. a service, program or activity conducted by the City.
Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 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.
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: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should 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.
AGENDA
2.
3.
4.
5.
e
Roll Call.*
Invocation·
Pledge of Allegiance to the Flag·
Agenda Approval·
Approval of Minutes:
Regular Meeting of May 16, 2000
Proclamations:
Ao
In recognition of June 14, 2000 as the 225th Birthday of the
United States Army and declaring June 12-18, 2000 as United
States Army Week
Recognizing and commending Alfred Etienne for his
contributions to the community and on being the sixth
recipient of Governor Bush's "Points of Light" Award.
Presentations:
A. Employee Suggestion Award James Hilgenfeldt, Senior Fleet
Technician
Consent Agenda: City Manager recommends approval.
RESOLUTION NO. 46-00: Approve a resolution authorizing the
execution of a Highway Beautification Grant and Maintenance
Memorandum of Agreement between the Florida Department of
Transportation (FDOT) and the City for Atlantic Avenue from
Swinton Avenue west to NW/SW 2nd Avenue.
Bo
RIGHT-OF-WAY DEED. HOLD HARMLESS AGREEMENT
MAINTENANCE AGREEMENT/GOODWILL INDUSTRIES:
& LANDSCAPE
Accept a
right-of-way deed, hold harmless agreement and landscape
maintenance agreement associated with Goodwill Industries at
1640 North Federal Highway. The subject property is located
approximately 600 feet north of N.E. 14th Street between North
Federal Highway and Old Dixie Highway, within the GC (General
Commercial} district and the North Federal Highway
Redevelopment Area.
Regular Commission Meeting
June 6, 2000
C. AGREEMENT FOR SIDEWALK IMPROVEMENTS/GOODWILL INDUSTRIES:
Eo
Fo
Go
Jo
Approve an agreement between the City and 1640 Federal
Highway, L.C. (Goodwill Industries) to allow the deferral of
sidewalk improvements along Old Dixie Highway until such time
as the City requests the sidewalk to be constructed.
ACCEPTANCE OF EASEMENT DEED/~OODWILL INDUSTRIES: Accept an
easement deed conveying to the City a 12 ft. utility easement
for an existing east/west water main which crosses the
property at 1640 North Federal Highway, associated with
Goodwill Industries.
CROSS ACCESS EASEMENT AND PARKING AGREEMENT/URDL'S WATERFALL
CREATIONS: Approve a cross access easement and parking
agreement for Urdl's Waterfall Creations, located on the south
side of N.W. 1st Street approximately 430 feet west of
Congress Avenue.
AGREEMENT FOR SIDEWALK IMPROVEMENTS/STORAGE AMERICA: Approve
an agreement between the City and Storage America L.L.C. to
allow the deferral of sidewalk improvements within the S.W.
14th Avenue right-of-way, associated with the construction of
a self-storage facility, until such time as the City requests
the sidewalk to be constructed. The subject property is
located on the north side of S.W. 10th Street between S.W.
14th & 15th Avenues.
RIGHT-OF-WAY USE AGREEMENT WITH E.SPIRE: Approve a
right-of-way use agreement with American Communication
Services of Jacksonville, Inc. d/b/a E.Spire to allow that
company to use the City's rights-of-way in order to install
cable for telecommunication services.
DEVELOPER'S AGREEMENT/WINTERPLACE PUD: Approve an agreement
between the City and Brighton at Delray Beach, L.C., the
developer of Winterplace PUD, which provides for a reduction
in connection fees in exchange for the developer installing
larger force main piping to accommodate future flows.
HOLD HARMLESS AGREEMENT/COURTYARDS OF DELRAY: Approve a hold
harmless agreement between New Urban Communities Corp., the
developer of Courtyards of Delray, and the City wherein the
City agrees to act as the utility permit applicant for the
purpose of constructing water main extensions within FDOT
right-of-way (northbound and southbound Federal Highway) and
the developer agrees to hold the City harmless for the work
performed under the permit.
FUNDING SUBSIDIES UNDER DELRAY BEACH RENAISSANCE PROGRAM:
Approve funding subsidies in the total amount of $98,182.66
for five (5) income eligible applicants under the Delray Beach
Renaissance Program, with funding from 118-1924-554-83.01
(SHIP Program), representing the 102nd, 103rd, 104th, 105th
-3-
Regular Commission Meeting
June 6, 2000
and 106th homeownership assistance grants provided through the
program to-date.
SUBORDINATION OF MORTGAGE/COMMUNITY DEVELOPMENT BLOCK GRANT
~ROG~U%M: Authorize and approve subordination of the City's
second mortgage in the amount of $12,333.33 to allow the
homeowner to secure a new loan for debt consolidation.
L. SUBSTITUTE SUBRECIPIENT FUNDING AGREEMENT UNDER CDBG PROGRAM:
Mo
Approve the termination of a subrecipient funding agreement
with Business & Economic Development & Revitalization (BEDR)
Corporation, and the substitution of the Fair Housing Center
of Greater Palm Beaches, Inc. as the new service provider for
the remaining four months of the contract.
MODIFICATION OF STANDARDS FOR APPROVAL/BOAT LIFT AT 1708 SOUTH
OCEAN BOULEVARD: Approve modifications to the standards for
approval pursuant to LDR Section 7.9.11 and 7.9.5(B) to allow
the construction of a boat lift at 1708 South Ocean Boulevard·
REVIEW OF APPRALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period May 15, 2000 through June 2, 2000·
AWARD OF BIDS AND CONTRACTS:
Purchase award in the amount of $51,019 to Portacel
Disinfection Systems through the authorized
manufacturer's representative RC Beach & Associates, sole
source vendor, for the purchase of upgraded manufacturer
replacement parts for the Water Treatment Plant's
chlorinators, with funding from 442-5178-536-61.76 (Water
& Sewer R&R - Equipment Replacement Program).
Bid award in the total amount of $352,909.09 to Ahrens
Enterprises, Inc. d/b/a Ahrens Companies for construction
of the ESD Maintenance Building Expansion ($133,547.00)
and Parks Maintenance Building Expansion ($215,136.00),
plus alternate one ($1,846.79) for painting the ESD
maintenance building after completion and alternate two
($2,379.30) for masonry door enclosure in ESD
Administration Building, with funding in the amount of
$215,136 from 334-4131-572-62.10 (Parks Maintenance
Building) and $137,773.09 from 441-5161-536-62.10 (W&S
Buildings - ESD Maintenance Expansion).
3 o
Contract award in the amount of $15,500.00 to E.C. Stokes
Mechanical Contractor, Inc. for the City Hall HVAC,
Chillers and Tracer Unit annual maintenance contract,
with funding from 001-1802-512-46.20 (Equipment
Maintenance).
Purchase order addition in the amount of $18,500.00 to
Colonna Construction, under existing contract via Broward
-4-
Regular Commission Meeting
June 6, 2000
County pricing, for miscellaneous asphalt repairs and
patching as a result of utility work within paved areas,
with funding from 442-5178-536-31.90 (Water & Sewer R&R
Other Professional Services).
9. Regular Agenda:
RESOLUTION NO. 47-00 (RESOLUTION OF NECESSITY FOR PINEAPPLE
GROVE WAY SPECIAL ASSESSMENT DISTRICT): Consider approval of
a resolution declaring the necessity for public improvements
for that segment of Pineapple Grove Way from the first alley
intersection just north of Atlantic Avenue to N.E. 4th Street,
and directing the establishment of a special assessment
district to defray a part of the expense for such improvements.
RESOLOT£ON NO. 48-00 (SETTING PUBLIC HEARING DATE FOR
PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT): Consider
approval of a resolution setting the public h~aring date as
July 25, 2000 for the establishment of the Pineapple Grove
Phase II Special Assessment District, and providing for the
mailing and publication of required notices.
RELOCATION OF THE HISTORICAL GREEN MARKET:
to relocate the Historical Green Market to
parking lot.
Consider a request
the Tennis Center
Do
CONDITIONAL USE REOUEST/OUTDOOR DINING FOR DADA LOUNGE:
Consider a request for conditional use approval to establish
an outdoor dining area which operates at night for DaDa Lounge
(f/k/a Damiano's). The subject property is located at the
southwest corner of Swinton Avenue and N.W. 1st Street, and is
zoned OSSHAD (Old School Square Historic Arts District).
QUASI-JUDICIAL PROCEEDING
Eo
CONDITIONAL USE MODIFICATION/HESS GASOLINE STATION: Consider
a request for conditional use modification to allow the
demolition of an existing Hess Gasoline Station and
reconstruction of a new gasoline station with a convenience
store. The subject property is located on the east side of
Military Trail, approximately 400 feet north of West Atlantic
Avenue, and is zoned GC (General Commercial) District.
QUASI-JUDiCIAL PROCEEDING
CONDITIONAL USE REOUEST/THE CAR PLACE UNLIMITED: Consider a
request for conditional use approval to allow the
establishment of a window tinting operation and the
installation and sales of car stereos and security devices for
The Car Place Unlimited, Inc. within the Congress Square
Industrial development. The subject property is located at
the northeast corner of Congress Avenue and Marty Fladell
Drive, and is zoned MIC (Mixed Industrial and Commercial)
District. QUASI-~umICIAL PROCEEDING
FLORIDA MUNICIPAL INSURANCE TRUST/TRUSTEE NOMINATIONS:
Consider if there is any interest in having a City Commission
-5-
Regular Commission Meeting
June 6, 2000
member's name placed in nomination for election to the Florida
Municipal Insurance Trust Board of Trustees.
SPECIAL EVENT REOUEST/ART & JAZZ ON THE AVENUE~ Consider a
request for special event approval for Art & Jazz on the
Avenue scheduled for June 29, 2000, including temporary use
permit and street closure, staff support, use of City
equipment, and specified overtime costs.
10. Public Hearings:
RESOLUTION NO. 45-00 (SEACREST/DEL-IDA SPECIAL ASSESSMENT
DISTRICT}: Consider approval of a resolution for the
certification and adoption of the preliminary assessment roll
for the Seacrest/Del-Ida special assessment district.
Bo
ORDINANCE NO. 13-00 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending Appendix A, "Definitions", of the Land
Development Regulations regarding dwelling units and other
habitable structures. If passed, a second public hering will
be scheduled for June 20, 2000.
Co
ORDINANCE NO. 12-00 (FIRST READING/FIRST PUBLIC w~aRING}: An
ordinance amending LDR Section 4.4.18(B) (4) to allow limousine
services as a principal use within the Service Industry land
use category of the Planned Commerce Center (PCC) District.
If passed, a second public hearing will be scheduled for June
20, 2000.
11. Co~ents and Inquiries on Non-Agenda Items from the Public-
Iz~"ediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings: None
13. Co~""ents and Inquiries on Non-Agenda Items.
Ao
City Manager
City Attorney
City Commission
-6-
~ITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - JUNE 6, 2000 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING:
6. Proclamations:
OF NOTE:
Co
Recognizing and commending Tommy L. Stevens for his
outstanding service to his community and the Roots
Cultural Festival, Inc.
WHEREAS, the United States Army was established by the Fimt Continental
Congress on the 14th day of June, 1775; and
WHEREAS, the United States Army exists to defend the freedom of our citizens
and our nation's security interests; and
WHEREAS, many citizens living in Delray Beach today have served their nation
as members of the United States Army, and many have given the ultimate sacrifice in
defense of our freedoms; and
WHEREAS, it is proper to recognize the United States Army annually on its
birthday, and to thank those who have served and those who are presently serving.
NOW, THEREFORE, I, David W. Schmldt, Mayor of the City of Delray Beach,
Flodda, on behalf of the City Commission do hereby proclaim June f4~ 2000 es the
225~ Birthday of the United States Army and declare the period from June 12t~
through June 18, 2000 as
UNITED STATES ARMY WEEK
in Delray Beach, Florida. I urge all citizens to join with me in this salute as we express
our gratitude to those who have served and those who are now serving to protect our
nation and its freedoms.
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 June, 2000.
DAVID W. SCHMIDT
MAYOR
Dorothy
(305) 591-1833
'OA FORM 3918:,R 0[.90
DA FORM $918-R, AUG 72 IS OB$OLET~
DOROTHY A. SILVA
U. S. ARMY RECRUITING BA'I'FALION
WHEREAS, Alfred Etienne is a Haitian native who moved his family to Delray
Beach in 1983; and
WHEREAS, Mr. Etienne has taken the word volunteerism to the highest level,
serving as president of his Neighborhood Association since 1998, holding meetings for
Haitians to discuss current events within their community and explaining how the police
should be used as a resource. He has also assisted Haitian immigrants in the
acquisition of a Green Card as well as helping them study for the American Citizenship
test and has even helped immigrants to find homes and jobs; and
WHEREAS, as one of the developing members of The Haitian Citizens Police
Academy, Alfred has single-handedly drawn the Haitian community closer to the Police
Department by recruiting more than 18 community members to join the Haitian Roving
Patrol; and
WHEREAS, for his exemplary efforts on behalf of his Community, Alfred Etienne
was recognized by Governor Jeb Bush as a recipient of the GOVERNOR'S POINTS OF
LIGHT AWARD. This award is presented weekly to a Florida resident or organization
rendering outstanding service to their community. Alfred Etienne is a shining example
of what makes Florida great!
NOW, THEREFORE, I, DAVID W. SCHMIDT, 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 and commend
ALFRED ETIENNE
for his dedication and devotion to the success of the Haitian Citizens Police Academy,
the Haitian Roving Patrol and the Haitian Community Emergency Response Team. Mr.
Etienne exemplifies that an individual can make a difference and improve the quality of
life in a community, and I call upon all present to acknowledge the many and significant
contributions he has made to his community.
IN W1TNESS 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 June, 2000.
DAVID W. SCHMIDT
MAYOR
WHEREAS, the United States Army was established by the First Continental
Congress on the 14th day of June, 1775; and
WHEREAS, the United States Army exists to defend the freedom of our citizens
and our nation's security interests; and
WHEREAS, many citizens living in Delray Beach today have served their nation
as members of the United States Army, and many have given the ultimate sacrifice in
defense of our freedoms; and
WHEREAS, it is proper to recognize the United States Army annually on its
birthday, and to thank those who have served and those who ara presently serving.
NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission do hereby proclaim June f4~ 2000 as the
225~ Birthday of the United States Army and declare the pedod from June 12t~
through June 18, 2000 as
UNITED STATES ARMY WEEK
in Delray Beach, Florida. I urge all citizens to join with me in this salute as we express
our gratitude to those who have served and those who are now serving to protect our
nation and its freedoms.
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 6t~ day of June, 2000.
DAVID W. SCHMIDT
MAYOR
· 0g/2",/o0 'r~l 11:14 FAX 3055010162' MIGHTY MIAmi BA'i~ALION [~001
FACSIMILE TRAHSMITTAL HEADER SHEET
FROM:
Dorothy
OFFICE
SYMBOL
A&PA
(~UTOVOhl/Comm.)
(305) 591-1833
DA FOR~UL 90 DA FORM 3918-R. AUG 72 I$ OBSOLETE
~U~ / U.S. ARMY RECRUITING BATTALION
,' 04'.~7/00 THU 11:15 FAX 3055910162' MIGHTY MIAMI BATTALION ~002
DRAFT COPY
RESOLUTION IN RECOGNITION OF THE BIR. THDA¥ OF THE U.S. AtLMY
WI-IEREAS: The L rated States Army was established by the First Continental Congress on lhe
14th day of Jtme, 1775; and,
WHEREAS: The United States An'dy exists to defend the freedom of our citizens and our
nation's sec~rity interests; al~d,
WHEREAS: Many citizea~s of have served their nation and given the uhimate
sacrifice in defense of our freedoms, as members of the United States gamy; and,
WHEREAS: It is proper to recognize the U~fites States Army annually on its birthday, and to
thank those who have served and those who are presently serving.
. NOW THEREFORE., I (name ofgov, or mayor) do hereby designate Jm~e 14'h as the United
States Anny's 225th birthday and declare the period fi-om J~me 17 through June 18~' 2000
as United States Am~y Week. I exhmt all citizens to join with me in this salute as we express
our ~'atirude to those who have served and those who are now serving to protect our nation and
its fi'eedoms.
WHEREAS, Alfred Etienne is a Haitian native who moved his family to Delray
Beach in 1983; and
WHEREAS, Mr. Etienne has taken the word volunteerJsm to the highest level,
serving as president of his Neighborhood Association since 1998, holding meetings for
Haitians to discuss current events within their community and explaining how the police
should be used as a resource. He has also assisted Haitian immigrants in the
acquisition of a Green Card as well as helping them study for the American Citizenship
test and has even helped immigrants to find homes and jobs; and
WHEREAS, as one of the developing members of The Haitian Citizens Police
Academy, Alfred has single-handedly drawn the Haitian community closer to the Police
Department by recruiting more than 18 community members to join the Haitian Roving
Patrol; and
WHEREAS, for his exemplary efforts on behalf of his community, Alfred Etienne
was recognized by Governor Jeb Bush as a recipient of the GOVERNOR'S POINTS OF
LIGHT AWARD. This award is presented weekly to a Florida resident or organization
rendering outstanding service to their community. Alfred Etienne is a shining example
of what makes Florida great!
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach,
Flodda, on behalf of the City Commission and all of the citizens of Delray Beach, do
hereby recognize and commend
ALFRED ETIENNE
for his dedication and devotion to the success of the Haitian Citizens Police Academy,
the Haitian Roving Patrol and the Haitian Community Emergency Response Team. Mr.
Etienne exemplifies that an individual can make a difference and improve the quality of
life in a community, and I call upon all present to acknowledge the many and significant
contributions he has made to his community.
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 6t~ day of June, 2000.
DAVID W. SCHMIDT
MAYOR
[IT¥ JIF DELIII:I¥ BER[H
DELRAY BEACH
AII-AmeJca Ci~
993 TO:
FROM:
lOO N.W. 1st AVENUE · OELRAY BEACH, FLORIDA 33444. 561/243-7000
MEMORANDUM
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
SUBJECT: Suggestion Award - James Hilgenfeldt
Senior Fleet Technician
DATE: June 1, 2000
I am pleased to receive notice from the Human Resources Department that James
Hilgenfeldt has received an Employee Suggestion Award.
Mr. Hilgenfeldt had suggested that we replace the full size wheel hubcaps on police
vehicles with a small cap that just covers the center of the wheel rim. This suggestion
was made because we had been loosing approximately one to two hubcaps per week.
The difference in cost is approximately $23 per hubcap. Since the change was made we
have not lost hubcaps and have eliminated wheel noise. This suggestion will save the
City approximately $2,800 annually. We are fortunate to have dedicated employees like
Mr. Hilgenfeldt.
Please place this item on the June 6, 2000 agenda for award presentation by Mayor
Schmidt.
RAB/tas
Cc: James Hilgenfeldt
Bill Darty
Ned Gusty
File:u:sweeney/agenda
Doc:suggestion award hilgenfeldt
THE EFFORT ALWAYS MATTERS
RECEIVED
CITy MANAGER
MEMORANDUM
Date:
Subject:
James Hilgenfeldt, Senior Fleet Technicie~, A);l_min.
Ned Gusty, Human Resources Director ,,/~'~ --
May 15, 2000
Employee Suggestion # 00-04
New Hub Caps for Police Cars
Services
Congratulationsl
The Employee Suggestion Award Program Committee met today. Your suggestionhas
been recommended to the City Manager to receive an award of $560 for the annual cost
savings of $2800 the City will recover.
The check will be presented to you at a future City Commission Meeting and Bob
Barcinski will notify you of the date.
C:
David Harden, City Manager
Robert Barcinski, Assistant City Manager
Employee Suggestion Award Program Committee
Nancy King, Staff AssistantJPublications Editor
R .--.CEiV ED
00 ~,?R 2~ ~.H 8:22
HUHAN RESOURCES
From:
Date:
Subject:
Robert A. Barcinski, Assistant City Manager
Bill Dad'y, Fleet Maintenance Service Coordinator
April 27, 2000
EMPLOYEE SUGGESTION #.00-04
In response to your request on this suggestion, I called Delray Lincoln
Mercury to verify the current cost of the hubcaps we are currently using
and the recommended replacement caps. The price for the old style caps
has decreased twice in the past few months, they are now currently
$36.00 each and the recommended caps 'are $13.00 each. This alone
would save approximately $2800.00 a year after the init/al replacement
cost. We replace an average of 1-2 hubcaps per week. The new style
caps should eliminate the current loose problem and would not squeak
which is another concern for the Police Department. We have installed
these small caps on Capt. Gillard and David Junghans cars and they are
very pleased.
DATE:
Su,R.stlon .p, ll,s to the "epartme.t or
Pr?.~.~nt condition: (pinpoint the problem you are solving)
CITY OF IIELRRY BERCII -Please read
SUGGESTION AWARD PROGRAH I Instructions
(Please type or write plainly ~'tth dark Ink) i ~d[everse
loss o--~ h.u~ Ioe,~,~'
Suggestion: (ge specific, give details, attach Illustration, diagram, sketch, etc.)
\
Savings/Benefits: (Explain what your suggestion shall accomplish)
~i~T~'/~7 ~r ,Z.~/~'~/~:~,~c~/-~! understand and agree ~o -OFFICE US~
a11 the rights and obit- ONLY
~ gat~ons as se~ forth In
~ ~ ~/~;/~ ~mlnistrat{ve Policy GA-4I.
A~s ' .
~/~ ~ ~ ~ Number:
Signature Refer To:
Tttle
~ ~ ~lgnakure
Depar~men~ ,.. ~
~r uroup suggestion,
mus~ sign)
..........
...................................................................... ~__.~
Please fill tn the space below. This stub shall be
returned to you es acknowledgement of receipt of
your suggestion.
This suggestion concerns:
Address:
I-~U~D ~ '~
ER m
Thank you for your suggestion
We have assigned It the !0 ~
sho~n above. Careful consid-
eration ~111 be given to your
proposal. You ~111 be noti-
fied o~ action taken.
Director of Human Resources
Date
£1T¥ DF DELR ¥ BEfl£H
CITY ATTORI EY'S OFFICE
DELRAY BEACH
1993 DATE: May 22, 2000
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
rJter s D~rect Linc: 561/243-7091
MEMORANDUM
TO:
FROM:
SUBJECT:
David Harden, City Mar)ager
R. Brian Shutt, Assistant City Attorney ,
MPO Grant - Maintenance Memorandum of Agreement and Resolution for
S.R. 806 From Swinton Avenue to N.W./S.W. 2nd Avenue
Enclosed is a copy of an agreement and resolution for the beautification of the above-
mentioned roadway.
I will send the four originals and the resolution, a copy of which is to be affixed to the
agreements, to the City Clerk.
Please place the agreement and resolution on the City Commission agenda for approval. I
have reviewed and approved the agreements as to legal sufficiency and form.
Enclosure
cc: Alison MacGregor Harry, City Clerk
RESOLUTION NO. 46-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DRI.RAY BEACH, FLORIDA, APPROVING THE HIGHWAY
BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM
OF AGREEMENT.
WHEREAS, the State of Florida Department of Transportation (Depa/~uent), as a part of
updating the State of Florida Highway system, has agreed to reimburse the City up to sixty-eight thousand
dollars ($68,000.00) of the one hun&ed thirty-six thousand dollars ($136,000.00) cost to beautify State Road
806 (Atlantic Avenue) from Swinton Avenue to NW/SW 2"a Avenue under the terms of the Highway
Beautification Grant and Maintenance Memorandum of Agreement (the Agreement); and
WHEREAS, the City Cornmksion of the City of Delray Beach desires to enter into the
Agreement, hereby approves the Agreement, and authorizes the execution thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
That the recitals set forth above are hereby incorporated as if fully set forth
~ That thi~ resolution shall take effect immediately upon passage.
PASSED AND ADOPTED in regnla? session on this the 6th day of June, 2000.
MAYOR
ATI'~ST:
City Clerk
~n
~ o~
E
DISTRICT FOUR (4)
HIGHWAY BEAUTIFICATION GRANT AND
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-REIMB
CONTRACT NUMBER
PBC MPO 1999-2000
THIS AGREEMENT, made and entered into this day of 19 , by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of
the State of Florida, hereinafter called the "DEPARTMENT" and theCitv of Delray Beach
a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called
the "AGENCY".
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 a six (6) lane 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 facility that contains
landscape medians and areas outside the travel way to the right of way line, excluding sidewalk,
shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up and necessary
replanting; 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 ,19
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:
The AGENCY hereby agrees to install or cause to be installed landscaping on the highway
facility as specified in plans and specifications included as Exhibit "B", with if any, the
following exceptions and conditions:
A. The current Florida of Department of Transportation Roadway and Traffic Design
Standard index 546 must be adhered to,
B. Clear zone/horizontal clearance as specified in the Plans Preparation Manual - Metric
Volume 1, Chapter 2 must be adhered to as outlined on relevant sheets in Exhibit D,
C. Landscaping shall not obstruct roadside signs or permitted outdoor advertising signs,
D. If irrigation is to be installed, the Department shall be provided accurate as built plans
of the system so if in the future them is a need for the Department to perform work in
the area, the system can be accommodated as much as possible,
E. If it becomes necessary to provide utilities to the median or side areas (water/electricity)
it shall be the AGENCY'S responsibility to obtain a permit for such work though the
local maintenance office
F. During the installation of the project and future maintenance operations, maintenance of
traffic shall be in accordance with the 1988 edition of the MUTCD and the current
Department Roadway and Traffic Design Standards (series 600),
G. The AGENCY shall provide the local maintenance office located at 7900 Forest Hill
Boulevard, West Palm Beach, FI 33413, a twenty-four (24) hour access telephone
number and the name ora responsible person that the department may contact,
H. If there is a need to restrict the normal flow of traffic it shall be done on offpeak hours
(9AM to 3PM),
I .The AGENCY shall be responsible to clear all utilities, including the signal system
communication cable,within the project limits
J. The AGENCY shall notify the local maintenance office forty-eight (48) hours prior to the
start of the project,
The AGENCY agrees to maintain the landscaping and irrigation (if applicable) within the
median and areas outside the travel way to the right of way line, excluding sidewalk and
crosswalks, unless constructed with other than concrete or asphalt at the AGENCY'S
request, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary
replanting, following the Department's landscape safety and plant care guidelines. The
AGENCY's responsibility for maintenance shall include all landscape/turfed areas and
areas covered with interlocking pavers or similar type surfacing (hardscape) within the
median, crosswalks, and areas outside the travel way to the right-of-way line 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 proper 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 bayard 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 of the 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 ba?ard. To maintain also means to keep the header curbs that contain the
hardscape in optimum condition. To maintain also means to keep litter removed from the
median and areas outside the travel way of the right of way line. Plants shall be those items
2
which would be scientifically classified as plants and include but are not limited to trees,
grass, or shrubs.
The above named functions to be performed by the AGENCY, shall be subject to periodic
inspections by the Department. Such inspection findings will be shared with the AGENCY and
shall be the basis of all decisions regarding payment reduction, reworking or agreement termination.
The AGENCY shall not change or deviate from said plans without written approval of the
Department.
If at any time after the AGENCY has assumed the landscaping 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 of this 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)
Complete the installation or part thereof, with Department or Contractor's personnel
and deduct the cost of such work from the final payment for said work or part
thereof, or
(b)
Maintain the landscaping or a part thereof, with Department or Contractor's
personnel and invoice the AGENCY for expenses incurred, or
(c)
Terminate the Agreement in accordance with Paragraph 6 of this Agreement and
remove, by Department or private contractor's personnel, all of the landscaping
installed under this Agreement or any preceding agreements except as to trees and
palms and charge the AGENCY the reasonable cost of such removal.
It is understood between the parties hereto that the landscaping 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 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 landscaping/hardscapeafter which time
the Department may remove the same and any mitigation required for remaining
landscape/hardscape shall be the responsibility of the AGENCY.
The Depa~hnent agrees to reimburse the AGENCY an amount not to exceedS68.000 ,
as defined in Attachment "C". Subject to this limit, the Department will pay only for the
following costs:
3
(a) Sprinkler/irrigation system
(b) Plant materials and fertilizers/soil amendments.
(c) Paver bricks, header curbs & other hardscape items.
The Department's participationin the project cost, as described in Attachment "C" is limited to only
those items which are directly related to this project. Payment shall not be made until (1)
certification of a6ceptance is received from the AGENCY's Landscape Architect/or designee and
(2) a Department Landscape Amhitect and/or his designee has approved the project for final
payment.
(a)
Payment shall be made only after receipt and approval of goods and services as
provided in Section 215.42, Florida Statutes.
Co)
Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b),
Florida Statutes.
(c)
Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof, and bills for travel
expenses specifically authorized by this Agreement, if any, shall be submitted and
paid in accordance with the rates specified in Section 112.061, Florida Statutes.
(d)
Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the Department at all times during the period of this
Agreement and for three years after final payment is made. Copies of these
documents and records shall be furnished to the Department upon request. Records
of costs incurred includes the AGENCY's general accounting records, together with
supporting documents and records, of the contractor and all subcontractors
performing work, and all other records of the contractor and subcontractors
considered necessary by the Department for a proper audit of costs.
(e)
The AGENCY agrees to return all monies received under the terms of this
Agreement, to the Department, should the landscaped area fail to be maintained in
accordance with the terms and conditions of this Agreement.
6. This Agreement may be terminated under any one of the following conditions:
(a)
By the Department, if the AGENCY fails to perform its duties under Paragraph 3,
following ten (10) days written notice.
Co)
By the Depachnent, for refusal by the AGENCY to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119,
10.
I1.
Florida Statutes and made or received by the AGENCY in conjunction with this
Agreement.
The term of this Agreement commences upon execution.
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 construct or maintain the project in conformance with the
standards described in Section 2 of this agreement. Nothing contained herein shall beLI~
deemed a waiver of the agency's sovereign immunity pursuant to F.S. 768.28.
The AGENCY may construct additional landscaping within the limits of the right-of-ways
identified as a result of this document, subject to the following conditions:
(a)
Plans for any new landscaping shall be subject to approval by the Department. The
AGENCY shall not change or deviate from said plans without written approval by
the Department.
Co)
All landscaping 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 landscaping 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 AGENCY resulting from the
installation of landscaping added under this item.
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.
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 of this 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 I 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
mount in excess of $25,000.00 and which have a term for a period of more than 1 year.
5
12.
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 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.
13.
This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the Department.
14.
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 of the Agreement and Florida law,
the laws of Florida shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
AGENCY
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:. By:
Mayor or Chairman
District Secretary
Attest:. (SEAL) Attest: .(SEAL)
Town Clerk Executive Secretary
Legal Approval
Legal Approval
6
SECTION NO.
FIN NO.(s):
COUNTY:
S.R. NO.:
93030
Palm Beach
EXHIBIT "A"
PROJECT LOCATION,
S.R. 806 (Atlantic Avenue) from Swinton Avenue to NoW./S.W. 2nd Avenue
7
SECTION NO.: 93030
FIN NO.(s): ~
COUNTY: Palm Bep(:h
S.R. NO.: 806
EXHIBIT "B"
The Department agrees to reimburse the AGENCY for the installation of the project as
reflected in the plans attached hereto and incorporated herein.
8
SECTION N0:93030
FIN NO.(s): ~
COUNTY: ~__
S.R. NO.: 806
ATTACHMENT "C"
(GENERAL)
PROJECT COST
This Exhibit forms an integral part of the Highway Beautification Grant Agreement
between the State of Florida, Department of Transportation and the AGENCY.
Dated
I. PROJECT COST:
$136.000
Department of Transportation $ 68,000
City of Delray Beach 68,000
TOTAL $136,000
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER .-... ~ -<~
'~ (~,~L-"~""~~
DIANE DOMINGUEZ, DIRECTOR OF PLANNIN~~
ACCEPTANCE OF RIGHT-OF-WAY DEED~ HOLD HARMLESS AGREEMENT~
AND LANDSCAPE MAINTENANCE AGREEMENT ASSOCIATED WITH
GOODWILL INDUSTRIES (1640 N. FEDERAL HWY).
The action requested of the City Commission is acceptance of a right-of-way deed for Old Dixie
Highway right-of-way, hold harmless agreement, and landscape maintenance agreement
associated with Goodwill industries, located between North Federal Highway and Old Dixie
Highway, approximately 600' north of NE 14th Street, within the GC (General Commercial)
zoning district and North Federal Highway Redevelopment Area.
At its meeting of April 12, 2000, the Site Plan Review and Appearance Board (SPRAB)
approved the site plan modification for Goodwill Industries subject to a condition that the
western 20' of the property be dedicated to the City for Old Dixie Highway right-of-way.
Presently only 40' of right-of-way exists along the subject property as opposed to the required
60' width. As part of the dedication, a hold harmless agreement and landscape maintenance
agreement are being executed to allow the required landscaping to encroach into the area to be
dedicated, until such time as improvements are made along Old Dixie Highway. The applicant
will provide an alternative site plan to provide the required landscaping on site when
improvements are made along Dixie Highway. The Assistant City Attorney has reviewed and
approved the agreements as to form and sufficiency.
By motion, accept the right-of-way deed, hold harmless agreement, and landscape maintenance
agreement for Old Dixie Highway associated with Goodwill Industries.
Attachments:
Location Map, Reduced Site Plan, Right-of-Way Deed, Hold Harmless Agreement,
Landscape Maintenance Agreement.
N.E. 22ND ~" '" STR. /'--.--._ II I I /
: I ! IIlll 1.~/~ ~/----//
.~i 3, IIIII J'~--~ ~/ //
15 ~ ~ M.S.A,
, ~,~ [ ~ [ I I J J~ I ~1 s ~p SHOp
~:M~N~ / ~ ~ l I ~ ~ ~o ~ ~ ~ ~,,,,,
~oo~ I ~ ~ ! I J ~ J ~~
........ ......
~ ESTUARY
N. [. J ~STH ST. ~ , ~ ~ LAKE AVENU~
~/
N
~ GOODWILL INDUSTRIES
CITY Or DELRAY BEACH, FL 1~0 NORTH FEDE~L HIGHWAY
PLANNING ~ ZONIN~ DEPAR~ENT
M~ REF: LM453
Prepared by: RETURN:
R. Brian Shut't, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
RIGHT-OF-WAY DEED
THIS INDENTURE made this __ day of , 200_, between
with a mailing address of
., as party of the first part and CITY
OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address
of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part.
WITNESSETH:
That said party of the first part, for and in consideration of the mutual promises
herein contained and other good and valuable consideration, does hereby grant, remise,
release, quit claim and convey unto the party of the second part, its successors and assigns, all
right, title, interest, claim and demand which the party of the first part has in and to the
following-described land, situate, lying and being in the County of Palm Beach, State of
Florida, to-wit:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of giving and granting to the party of the
second part, its successors and assigns, a right-of-way and easement in and to said lands for
public highway, street, and public utility purposes; and is made, executed and delivered with
the express understanding and condition that should the same ever be discontinued or
abandoned as a public highway or street, the title to same shall thereupon revert to and revest
in the party of the fn:st part or assigns.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. The party of the first part agrees to provide for the release of any and
all mortgages or liens encumbering this right-of-way. The party of the fkst part also agrees to
erect no building or effect any other kind of construction or improvements upon the above-
described property.
Party of the first part does hereby fully warrant the title to said land and will
defend the same against the 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 right-of-way
and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or
permits, the same shall include the successors or assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate,
right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity
to the only proper use, benefit, and behalf of the said party of the second part, its successors
and assigns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their
hand and seal the date first above written.
Signed, sealed and delivered
in the presence of:
PARTY OF THE FIRST PART
By:
(Name printed or typed)
(Name printed or typed)
(Address)
(Name printed or typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this __ day of
, 200_, by who is personally known
to me or has produced as identification.
Signature of Notary Public -
State of Florida
2
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, FL 3~.~.
HOLD HARMLESS AGREEMENT
THIS HOLD HARMLESS AGREEMENT, is entered into this __ day of
, 200 by and between the CITY OF DELRAY BEACH, FLORIDA,
(hereinafter referred to as "CITY") and , (hereinafter
referred to as "OWNER").
WITNESSETH:
WHEREAS, OWNER owns property located at , Delray
Beach, Florida, and has requested CITY to allow for the installation of landscaping along the
property line in the public right-of-way; and
WltEREAS, OWNER agrees to hold CITY harmless for any damage which might be
caused to the landscaping as a result of maintenance within the public right-of-way or any
action brought against the CITY as a result of the landscaping in the public right-of-way.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. OWNER is the owner of property legally described as follows:
See Exhibit "A"
3. That OWNER is developing the property and plans to install landscaping in the
public right-of-way pursuant to the City of Delray Beach Land Development Regulations.
4. OWNER acknowledges that the CITY shall assume no responsibility for the
improvements, materials or landscaping which OWNER places within the public right-of-way.
5. OWNER, in consideration of the mutual covenants set forth herein, agrees to
defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants
from any and all claims, suits, causes of action or any claim whatsoever made, and damages,
which may result from the placement or existence of the landscaping in the public right-of-
way. OWNER further agrees to hold the CITY, its agents, officers, employees and servants
harmless for any damage to the improvements OWNER places within the public right-of-way.
It is understood that any cost for replacement of landscaping or repairs to the improvements
shall be the OWNER'S responsibility, and the CITY will not be held liable for any damage as
a part of the maintenance or construction within the said public right-of-way.
6. All notice required or allowed by this Agreement shall be delivered in person or
mailed to the party at the following address:
CITY: City Engineer
City of Deiray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
OWNER:
7. This Agreement may not be assigned or transferred by the Owner, in whole or
part without the written consent of the City.
2
8. This Agreement shall be binding on the Parties, their respective heirs, successors,
legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm
Beach County and shall run with the land.
9. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day
and year first written above.
ATTEST:
By:
City Clerk
Approved as to Form:
By:
City Attorney
WITNESSES:
CITY OF DELRAY BEACH, FLORIDA
By:.
Mayor
OWNER:
By:.
(Print or Type Name)
(Print or Type Name)
(Print or Type Name)
(SEAL)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
,200_ by (name of officer or agent), of
(name of corporation), a (State or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced
not take an oath.
(type of identification) as identification and did/did
Signature of Notary Public -
State of
(SEAL)
4
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Defray Beach, FL 33444
LANDSCAPE MAINTENANCE AGREEMENT
THIS AGREEMENT is made this __ day of
between the City of Delray Beach, Florida ("City") and
("Owner").
,200_ by and
WITNESSETH:
WHEREAS, in order to provide landscaping in the City, the City Commission has
adopted ordinances setting forth requirements for landscaping; and,
WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall
be allowed to install landscaping material in the right-of-way of
pursuant to the terms of this Agreement; and,
WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any
other type of abandonment by the City of the public right-of-way of ;
and,
WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-
of-way purposes; and,
WHEREAS, the public will benefit from the beautification of areas along its streets by
the addition of landscaping; and,
WHEREAS, this Agreement is not effective unless the Owner has submitted a
landscape plan and it has been approved by the City; and,
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained in this Agreement, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. The Parties hereby represent and warrant that the above recitals are accurate
and correct and hereby incorporate them in this Agreement.
2. The Owner shall perform all conditions as required by the City or any Board of
the City in conjunction with the site plan and review process for the required installation and
maintenance of the landscaping. The subject property, further described in Exhibit "A", shall
have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by
· reference.
3. The Owner shall be responsible for purchasing and installing all plant, tree,
hedge or grass material or any other material as required by the Owner's approved landscaping
plan.
4. The Owner hereby agrees to maintain the plantings in the right-of-way in
accordance with the City's Ordinances and the terms and conditions of this Agreement. The
Owner shall be responsible to maintain, which means the proper watering and proper
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 height; to properly prune all plants which includes (1) removing dead
2
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 of the same
grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as
specified in the original plans and specifications and of a size comparable to those existing at
the time of replacement. To maintain also means to keep litter removed from the landscaped
areas in the right-of-way. Plants shall be those items which would be scientifically classified
as plants and include but are not limited to trees, grass, or shrubs.
5. If at any time after the execution of this Agreement by the Owner, it shall come
to the attention of the City that the landscaping is not properly maintained pursuant to the
terms and conditions of this Agreement then the City may at its option issue a written notice
that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter,
the Owner shall have a period of thirty calendar days within which to correct the cited
deficiencies. If said deficiencies are not corrected within this time period, the City may at its
option, proceed as follows:
(a) Maintain the landscaping or part thereof, and invoice the Owner for
expenses incurred.
(b) Terminate this Agreement and require the Owner to comply with the City's
current Ordinance on landscaping.
At all times hereto, the Owner shall own and maintain all landscaping installed
in the right-of-way by the Owner.
7. If for any reason the
City decides that it needs the right-of-way of
or for any other public purpose this Agreement shall
terminate, and the Owner shall be required to comply with the City's current Code of
Ordinances regarding landscape requirements.
8. The Owner shall indemnify and hold harmless the City, its officers and
employees from all suits, actions, claims and liability arising solely out of the Owner's
installation and maintenance of landscaping in the City's right-of-way.
9. This Agreement shall constitute the entire Agreement of the parties with respect
to the subject matter of it. All prior understandings and agreements between the parties with
respect to such matters are merged into this Agreement, which alone fully and completely
expresses their understanding.
i0. This Agreement may not be assigned or transferred by the Owner, in whole or
part without the written consent of the City.
11. This Agreement shall be binding on the Parties, their respective heirs,
successors, legal representatives, and permitted assigns and shall be recorded in the Public
Records of Palm Beach County and shall run with the land.
12. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this
ATTEST:
By:
City Clerk
Approved as to legal form:
By:
City Attorney
day of
,200 .
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
4
WITNESSES:
(OWNER)
(Print or Type Name)
(Print or Type Name)
(Prim or Type Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was
,200_ by
acknowledged before me this
as
day of
Notary Public
(OFFICIAL NOTARIAL SEAL)
(Print or Type Name)
State and County Aforesaid
My Commission Expires:
5
TO:
THRU:
FROM:
SUBJECT:
DIANE DOMINGUEZ, PLANNING AND ZONING~IR~
AGREEMENT FOR SIDEWALK IMPROVEMENTS FOR GOODWILL
INDUSTRIES (t640 N FEDERAL HWY).
The action requested of the City Commission is that of acceptance of an agreement between
the City and 1640 Federal Highway, L.C. to allow the deferral of the sidewalk improvements
along Dixie Highway associated with Goodwill Industries. The subject property is located
between North Federal Highway and Old Dixie Highway, approximately 600' north of NE 14th
Street, within the GC (General Commercial) zoning district and North Federal Highway
Redevelopment Area.
On April 12, 2000, the Site Plan Review and Appearance Board approved a Class II Site Plan
Modification request for Goodwill Industries subject to conditions. The proposal includes
construction of a 51-space parking lot and interior building upgrades. In conjunction with the site
plan, the Board approved deferral of the requirement to install a sidewalk along Dixie Highway,
provided that the owner enters into an AgreementJCovenant acceptable to the City Attorney to
install the sidewalk when required by the City.
Currently, there are no sidewalks along Dixie Highway. The North Federal Highway
redevelopment plan calls for the installation of a bike path or sidewalk along the east side of the
highway in the subject area, however it will likely be many years before it is actually installed.
Pursuant to Section 6.1.3(D)(2), the requirement for installation of a sidewalk adjacent to the
property being developed may be waived during site plan or plat approval. The applicant has
submitted a waiver request to defer installation until such time that the City installs sidewalks
along Dixie Highway. The waiver request was reviewed and supported by the Development
Services Management Group (DSMG) and the City Engineer. The attached sidewalk deferral
agreement shall run with the land and be binding on the parties' heirs, assigns and successors.
The Assistant City Attorney has reviewed and approved the agreement as to form and
sufficiency.
By motion, approve the sidewalk deferral agreement for Goodwill industries.
Attachments:
· Sidewalk Agreement
· Location Map
N.E 20TH ST
,~ OR TON
VOL VO
_/
DELRA Y
SWAP SHOP
M.S.A.
TRACT
PLUMOSA
ELEMENTARY
SCHOOL
KOKOMO
KEY
N. E 16TH ST
ROYAL PALM BLVD
THE
ESTUARY
N.E. ~STH ST.
N E 14TH ST.
N.E. 14TH ST. (LAKE AVE,)
LAKE AVENUE N.
LAKE AVENUE
N.E. 13TH ST
BOND
WAY
N
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
GOODWILL INDUSTRIES
1640 NORTH FEDERAL HIGHWAY
· 04X25/2000 22:21 9s4-680-0706 ROGER TAYLOR PAG~,06
04/27/00. TI{U 11:26 FAX 561 27~, 1755 DEL BCE CT¥ ATI'Y
AGREEM~I~[T FOR
~][DEWALK IMI~RO~RMENT~
THIS AGREEMENT entered into this
between the City
2000 .,
1640 Federal Highway, L.C.
day of April ,
of D=lray 'Beach Caercinafter the City) and
. (h=rcinaRer th= Owners), for the purpose of waiving
thc requirement of the installation of a sidewalk along _ n~ Y~,~ ~ c~,~y ~until such time
a~ thc City requests the construction of thc sid~valk by thc Owner.
WHF.,ILEAS, Land Developm~t Regulation Section 6.1.3(C) requires the installation ora
~id~waik, within the 20 foot right-of-way immediately abutting the subject
propa'ty, by the Owller prior to the issuance of a certificate of occupancy; and,
WHEP,.EAS, thc Owners have requested a waiver from the requirement of the installation
ora sidewalk pursuant to Land Dcvclopment Regulation Section 6.1.3(D)(1)(b); and,
WHEREAS, in order to provide conformity along the street the City commission voted
to waive thc requirement for the installaiion of a sidewalk until such time as ~h¢ City roquasts the
Owner construct the sidowslk.
WITNESSETH
NOW, THEt~FORE, in witness of the above and in consideration of the City agreeing to
waive thc requirement for the installation of a sidewalk, at this timc. for the property located at
$~ 'attached iegal descciption
I. The Owner agrees to construct a sidewalk, at its sole cost and ~t-pense, along the
20 foot west right-of-way abutting the subject p~operty, within a time period
04/26~2000 22:21 954-680-0706 ROGER TAYLOR
04/27/0~ T]]U lI:2S FA~ 561 278 4755 DEL BCD CTY ATI'Y
that is acceptable to the City, after being rr, quested to do so by the City. Th,, sidewalk, when
constructed, shall mee~ all o£thc current ordinances of thc Cky of Delray Beach.
2. h ~s the ~nt~nt of the psr~ies tl~t t~is Agreement sh~ll run with ~ l~n& This
A~r~ment shall bc recorded in the public records of Palm Bcach County, Florkta and shu~ be
bindi~ o~ thc pm'6as legal repr~cn~livcs, h~m, succcssors a,'~d assigns.
II~ WITNESS W'HBP~BOF. thc parties to this agreement s~ their h~nds and seals this
O~q~l~: 1640 Federal Highway, L.C.
By:_.
Steven E. Cohen, Managing MEmber
STATE OF FLORIDA
COU'N'rY OF PALM BEACH ~
TEe foregoing i~tmment was acknowledged before mc this y of
April ,,.~ 20...~Q_Q_O~ by _ Stereo E. Cohen .- (name of oft~cer or
agent), of 1640 Federal Highwayr L.C. (name of corporation), a ~ (Sta~ or
place of incorporation) corporation, on behalf of the corporation. H___~She is p~rsonally known to
me or has {mxlu~_ ~ ~ ~~. and
did/did not ~c ~ oa~.
(S~) ~o~ ~°~ se.~ 2~,2o00 ]
. ~4726,/2000 22:21 954-680-0706 ROGER TAYLOR PAGE 08
ATTEST:
City Clerk
Approved as to form anti__sufficiency:
~.~ity Attorney
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
EXHIBIT "A"
Lo*,s I through 10 inciusive, Block 1 and the no~heriy 35.31 feet of abandoned
rood right-of-way lying south and adjacent there*,o Less the ecs[arty 20.23
feet for oddKionol right-of--way ;or U.S. 1 cf the revised Riot of Royal Palm
Gardens, cs recorded in Plat Book 15, page 4-4. of the public Records of Palm
Beach County, r-lorido,
TOG£THER W~T~:
Lots 1 through lO inclusive, Biock 2 and the southerly 25..35 feet of abandoned
rood right-of-way lying northerly and adjacent thereto, Less the ecsterly 20.23
feet for additional right-of-way for U.S. 1, of the revised Plot of Royal Potm
Gardens os recorded in Plo*, Book 15, Page 4-4, of the Public Records of Palm
Beach County. r'-Iorida; sci5 lands situate, lying and being in P.~lm Beach County,
Fiorido.
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER ~ ~ "~'"'~
DIANE DOMINGUEZ, DIRECTOR OF PLANNIN~I~~'~
J:::l~: Ao'FC:uS:: ~::~ 0[RINCI PALP LA :: ~'~~ONSENT AGENDA**
ACCEPTANCE OF AN EASEMENT DEED ASSOCIATED WITH
GOODWILL INDUSTRIES (t640 N. FEDERAL HWY).
The action requested of the City Commission is acceptance of an easement deed
associated with Goodwill Industries, located between North Federal Highway and Old
Dixie Highway, approximately 600' north of NE 14th Street, within the GC (General
Commercial) zoning district and North Federal Highway Redevelopment Area.
At its meeting of April 12, 2000, the Site Plan Review and Appearance Board (SPRAB)
approved the site plan modification for Goodwill Industries subject to a condition that a
12' utility easement be provided for the existing water main which crosses through the
middle (east/west) of the development. The Assistant City Attorney has reviewed and
approved the agreements as to form and sufficiency.
By motion, accept the easement deed associated with Goodwill Industries.
Attachments:
Q Location Map, Reduced Site Plan, Easement Deed
ST.
BOND
N
CITY OF D£LRAY B[ACH, FL
PLANNING ~ ZONING DEPARTM[NT
GOODWILL INDUSTRIES
1640 NORTH FEDERAL HIGHWAY
Prepared by: RI~TUR~I:
Susan A. Ruby, Esq.
City Auomey% Office
200 N.W. 1 st Avenue
Delray Beach, Florida 3:3444
EASEMENT DEED
THIS INDENTURE, made this _~ day of ~0 ~.~, by and between
, with a mailing address
1~40 Federal g~b~y; T. C ....... 3~3fl ~ pa~y of the fi~t
-- S.W. 148 Avenue, Suite bdu: ~v~: ,, ....
Beth, Florida 33444, a munieip~ co~otation in Palm Beach Count, State of Flofi~
the second p~:
~T~SSETH: ~at ~e pa~y of the fi~t p~ for ~d in co.ideation of ~e s~ of
Ten ($10.00) Doll~ ~d o~er good ~d ~luable co~id~tion~ m it in h~d paid by ~e s~d
p~ of ~e second pa~, ~e receipt of which is hereby ae~owledged, does hereby ~t,
b~g~n, sell ~d rele~e ~to the p~ of the second pa~, its successors ~d ~si~, a
way ~d pe~emal e~ement fur ~e pu~ose of: inst~lafion ~d maint~ee of public u~lifias
wi~ ~U ~d ~ee ~t, libel, ~d authofi~ to enter upon ~ m i~tall, ope~, and m~
such u~t~es well ~de:, across, ~ough ~d upon, over, under or wi~in ~e following des~bed
prope~ ~oca~d in P~ Beth Co~. F]ofid~ to-wit:
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the p~cy of the second
party, its successors and assigns, of ingress and egress over and on that poi~ion of land described
above, to effect thc purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, resmction, ~ud reservations
of record. That the party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this easement. The party of the first par~ also agrees to erect no
building or effect any other kind of constructian or improvements upon the above-described
property,
It is understood that upon completion of' such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without e~pense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered. Where the conteXt of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
~4/2~/~000 22;2! 954-600-0706 ROGER TAYLOR PAGE
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
(name printed or typed)
PARTY OF THE FIRST PART
1640 Federal Highway, L.C.
By: ~ ~ .C. ("~--
Print Name: steven E. cohen
Managing Member
STATE OF FLORIDA
COUNTY OF pkU~ ~;n~
The foregoing instrument was acknowledged before me thLs ?~ day of
April _, ~ bT)D00 Steven E. ODhen (llmmc of officer or agent, title of
officer or agent) of 1640 Federal Hiahwav. r,.c_ (name of corporation acknowledging), a
Florida (state or place of incorporation) corporation, on b~half of the
corporation. He/She is personally known to me or has produced
L NO'T~.~V ~AL- u' _
~ ~oe o~C~i s .~.~Et ~ Signature o¥ Notai'y Public- Stat~
I>~x~,~ ¢<7'?o co~s.o" .a~.,' I of Florida
EXHIBIT "A"
DESCRIPTION: 12 FOOT UTILITY EASEMENT
A portion of an abandoned road right-of-way lying Northerly and adjacent to Block 2 of the revised
plat of Royal Palm Gardens as recorded in Plat Book 15, Page 44 of the Public Records of Palm
Beach County, Florida, described as follows:
An easement 12 feet in width lying 6 feet on each side of the following described centerline; the
sides of said easement shall be lengthened or shodened as necessary in order to maintain a
continuous strip of land 12 feet in width and to intersect at angle points.
Commencing at the Nodheast comer of Lot 10, Block 2 of said Royal Palm Gardens Plat; thence
on an assumed bearing of N. 08° 25' 14"E. along the Westerly right-of-way line of U.S. Highway
No. 1 as now laid out and in use, a distance of 12.44 feet to the Point of Beginning; thence N. 88°
42' 19"W. a distance of 219.41 feet to a point on the Eastedy right-of-way line of Dixie Highway, as
now laid out and in use, said point also being a Point of Terminus.
Said lands situate, lying and being in Palm Beach County, Florida,
BRUCE CARTER Et AS$OClATE$ , INC.
l AND SURVEYORS L /i ND PLIiNNERS
405 S.E, 6th AVENUE (SOUTH FEDER,aL HIGHW/tY)
DELRIIY BE/iCH, FLORIDa 3~48~
(561) '265-1910
~..,.o,,,""°'" ,,c,,~."'~"'-"*-"' / ' / ' '/
L 0 ~ 0 ~
~.. .,..,,~... I .. ~ ~ / ~z y~ ~ ~d
T /
I / ~~ .........../NR.o
Z0r / Z0, /o ,~R.o,c.
/ - / / ~.
~ /~,~.l/~,r~.~4 ' ~ ~.~,~.~
/
May t, 2000 Sheet I of 2 ~tr,*~ or'
U~TES ond/or REVIS IONS ~TE BY C~D NOTE, The u.ders;pned o.d B~CE CI~ER M~SSOCIITES, INC.
not intended to re~ec~ or $ef f~ll such m~tt~s.S~b
TO:
THRU:
FROM:
SUBJECT:
MEETING OF JUNE 6, 2000 ***CONSENT AGENDA***
ACCEPTENCE OF A CROSS ACCESS EASEMENT AND PARKIN~
AGREEMENT ASSOCIATED WITH THE URDL'S WATERFALl
CREATIONS, INC., WHICH IS LOCATED ON THE SOUTH SIDE OF NW
1~ STREET APPROXIMATELY 430' WEST OF CONGRESS AVENUE.
Urdl's Waterfall Creations, Inc. is a business specializing in ornamental cast
concrete/stone. Urdl's wishes to expand its business onto a vacant lot that is located
immediately to the west of the existing site. The development proposal involves the
construction of a 20 space parking lot, new storage areas and installation of
landscaping throughout the site.
Currently, Mr. Urdl owns both parcels of land, however it is his intention to sell the
western lot to another individual who will have a lease with an option to buy his existing
business. Therefore, the parcels will be separately owned. In the interim, a Cross
Access Easement and Parking Agreement between the two parcels is required so that
the two parcels will function as a unified development. At its meeting of May 10, 2000,
the Site Plan Review and Appearance Board approved an expansion to Urdl's Waterfall
Creations, Inc. subject to the condition that the applicant enter into a Cross Access
Easement and Parking Agreement.
By motion, accept the Cross Access Easement and Parking Agreement for Urdl's
Waterfall Creations.
Attachments:
· Site Plan
· Cross Access Easement and Parking Agreement
,~.,'~
william f. wilsher, a.s.l.a.
Prepared by; Return:
David W. Schmidt
PO Box 2020
Delray Beach, FL 33447
CROSS ACCESS EASEMENT AND PARK~qG AGRE~'.MENT
This Cross Access Easement and Parking Agreement is made this [ ~.f~'- day of May,
2000, by and between AUGUST URDL, as Trustee under the provisions of an unrecorded
Land Trust Agreement dated the 12t~ day of September, 1986, with a mailing address of 521
NW 50t" Avenue, Delray Beach, FL 33445 and CLAIRE URDL, as Trustee under the
provisions of an unrecorded Land Trust Agreement dated the 24~ day of June, 1987, with a
mailing address of 2440 SW 22~ Avenue, Defray Beach, FL 33445 (hereinafter collectively
referred to as "URDL"), and WEST WIND LAND, INC., a Florida corporation, with a
mailing address of 2010 NW First S~reet, Delray Beach, FL 33445.
BACKGROUND
URDL is the owner of a certain parcel of land described in Exhibit "A" attached
hereto and made a part hereof, located in the City of Delray Beach, and to effectuate a unified
scheme of common development in accordance with that certain Site Plan prepared by
Gentry En~ineerin~ & Land Surveying , dated December 17, 1999
(the "Site Plan"), it is necessary for URDL to grant an access easement for pedestrian and
vehicular access to WEST WIND LAND INC.'
GRANT OF EASEMENT
NOW TI~.REFORE, in consideration of the mutual promises and covenants
contained herein and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. URDL hereby grants to WEST WIND LAND, INC., its successors, heirs, and
Page 1 of 4
assigns a non-exclusive easement for ingress and egress to enter upon, across, over and under
URDL'S property for the purpose of pedestrian and vehicular access to WEST WIND LAND,
INC. 's property.
2. URDL further grants to WESTWIND LAND, INC. the right to utilize all parking
spaces on URDL's property for the use of WESTWlND LAND, INC. 's employees and
customers. The right to use the parking spaces shall exist so long as the easement set forth
herein is in effect.
3. This Cross Access Easement and Parking Agreement shall be recorded in the Public
Records of Palm Beach County, Florida. The easement and parking rights granted herein
shall not be transferred, assigned, sold or otherwise conveyed except in conjunction with the
transfer or sale of URDL's property. At such time as the easement or parking rights granted
herein are no longer required, the easement or parking rights may be released of record by a
written document executed by an authorized signatory of the City of Delray Beach, Florida.
IN WITNESS WI:IEREOF, the parties hereto have executed this easement and
parking agreement as of the day and year first above written.
WITNESSES:
AUGUST URDL, as Trustee
Page 2 of 4
Print Name:
CLAIRE URDL, -a~ Tt:ustee
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this /(¢~/f'~day of May, 2000
by AUGUST URDL, as Trustee, who is personally known to me er whe hao
Notary Public
State of Florida
My Commission Expires:
Page 3 of 4
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this .~:q 7'/'day of May, 2000
by CLAIRE URDL, as Trustee, who is personally known to me cn--vOn~ta~vro~
as id~itificatiun.
Notary Public
State of Florida
My Commission Expires:
Page 4 of 4
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER ~.~_~
sco,, ,
MEETING OF JUNE 6, 2000 **CONSENT AGENDA**
AGREEMENT FOR SIDEWALK IMPROVEMENTS FOR THE STORAGE AMERICA
SELF-STORAGE FACILITY AT THE NORTHWEST CORNER OF SW 10'" STREE!
AND SW 14'" AVENUE.
The action requested of the City Commission is that of acceptance of an agreement between the City
and Storage America to allow the deferral of the sidewalk improvements along SW 14th Avenue
associated with the construction of a self-storage facility. The subject property is located at the
northwest corner of SW 10th Street and SW 14th Avenue, within the LI (Light Industrial) zone district.
At its meeting of September 8, 1999, the Site Plan Review and Appearance Board approved the site
plan for Storage America (self-storage facility). The site plan included a waiver to defer installation of
the sidewalk until such time that a sidewalk connection is made to the vacant property to the north.
The Board approved the waiver subject to the owner entering into a deferral agreement to install the
sidewalk when required by the City.
Pursuant to Section 6.1.3(B)(1) of the Land Development Regulations, a 5' wide sidewalk is required
along SW 14th Avenue. Pursuant to Section 6.1.3(D)(2), where it is clear that the sidewalk system will
not serve its intended purpose the requirement for the sidewalk may be waived during the site plan
approval process. Presently there are no sidewalks along SW 14th Avenue north of the subject
property. It is appropriate to defer the sidewalk installation until such time that they are installed to the
north of the subject property, or until the City otherwise determines they are needed. The waiver
request was reviewed and supported by the Development Services Management Group (DSMG) and
the City Engineer. The attached sidewalk deferral agreement shall run with the land and be binding
on the parties' heirs, assigns and successors. The Assistant City Attorney has reviewed and
approved the attached agreement as to form and sufficiency.
By motion, approve the sidewalk deferral agreement for Storage America.
Attachments:
· Sidewalk Agreement
· Location Map
AGREEMENT FOR
SIDEWALK IMPROVEMENTS
THIS AGREEMENT entered into thi~ __12th __.day of April ,
2000 , between the City of Delray Beach (hereinafter the City) and Storage
America L.L.C. (hereinafter the Owners), for the p~uq~,ose ofwai..ving .the requir~,men~t, of
the installation of a sidewalk along South West 14 Avenue until such time as me C~ty
requests the construction of the sidewalk by the Owner.
WHEREAS, Land Development Regulation Section 6.1.3 ( C ) requires the
installation ora sidewalk, vOthin the Public 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 ora sidewalk pursuant to Land Development Regulations 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 request the Owner construct thc sidewalk.
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:
Lots 1 thru 16, inclusive, Block 4, Replat Delray
Beach Heights ex-tension sections "A" and "B", according
the Plat thereof as recorded in Plat Book 28, page 171 of
the Public Records of the Palm Beach County, Florida.
Said lands containing 3.66 ac. more or less.
The owner agrees to construct a sidewalk, at its sole cost and expense, .al.o.ng
the S.W. 14~ Ave. public right-of-way abutting the subject property, w~an 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.
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 toJhis agr.ee~aent set their
hands and seals this ff ~ ~ day of /~/Z~,~/'/ ,2000.
WITNESSES: OWNE~y~/
-- JPlease print or type name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
THE foregoing instrument was acknowledged before me this /~ day of
Kenneth W. Thorne
The Manager for Storage America L.L.C. a Florida, Limited Liability Company formed
in Palm Beach County Florida, on behalf of the Company. He is personally known to me
or has produced as identification and did/did not
take the oath.
ATTEST:
CITY CLERK
Approved as to form and sufficiency:
CITY ATTOPxNHY
CITY OF DELRAY BEACH, FLORIDA
MAYOR
CT¸
AUBURN
TRACE
BELRA Y BEACH
CEMETERY
BOULEVARD
ABBEY
DELRAY
DELRAY
PARK TEN
2ND ADD
lOTH STREET __
WALLACE
NISSAN
LINTON
BOUARE
PLAZA
WALLACE
FORD
WALLACE $OUTHRIDGE
DODGE ~LLABE
CONDO
LINTON BLVD. L I N T 0 N B 0 U L E V A R D
N
~ STORAGE AMERICA
CITY OF D[LRAY BEACH, FL
[ITY OF DELRflY BEFI[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7091
ll. Amedca Cil~
1993
DATE:
TO:
FROM:
MEMORANDUM
May 19, 2000
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Proposed Right-of-way Use Agreement with E.Spire
American Communication Services of Jacksonville, Inc. d/b/a "e.spire" has requested
permission to use the City's fights-of-way in order to install cable for telecommunication
services. This Use Agreement allows e.spire to use the City's rights-of-way in accordance
with our current or future ordinances as they may be amended.
This Use Agreement provides that e.spire shall comply with all of the City's ordinances
while using the fight-of-way; pay to the City a fee based on the gross receipts for recurring
local service revenue or on the linear feet of cable in the right-of-way; and, indemnify and
hold harmless the City concerning its use of the fight-of-way. The initial term of this
Agreement is for five years with a potential of one five year renewal period.
By copy of this memorandum to David Harden, City Manager, our office requests that this
Use Agreement be placed on the June 6, 2000 City Commission agenda. Please call if you
have any questions.
CC:
David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
.?
RIGHT-OF-WAY USE AGREEMENT
THIS RIGHT-OF-WAY USE AGREEMENT, effective on
2000, between the CITY OF DELRAY BEACH, a municipal corporation of the
State of Florida, hereinafter referred to as the "City" and AMERICAN
COMMUNICATION SERVICES OF JACKSONVILLE, INC. d/b/a E.SPIRE
hereinafter referred to as the "Company".
RE CITALS
WHEREAS,the Florida Legislature finds the provision of competitive
telecommunications services to be in the public interest and requires that a person
providing certain telecommunications services obtain certification from the Florida
Public Service Commission; and,
WHEREAS, the Company is a corporation duly organized and existing under
the laws of the State of Florida and is certified by the Florida Public Service
Commission to provide telecommunications services; and,
WHEREAS, City is willing to allow telecommunications providers the use of
right-of-way in order that customers in the City have an increased array of
telecommunications choice, provided that such use will be subject to any lawful
future ordinances of the City governing the use of right-of-way.
NOW, THEREFORE, in consideration of the recitals and the mutual promises
contained herein, the parties agree as follows:
The foregoing recitals are correct and are incorporated into this Right-of-Way
Use Agreement.
I. INSTALLATION
Subject to all the conditions set forth below, the City hereby grants to Company the
right to utilize City rights-of-way. Plans sealed by a Florida professional engineer,
or Company employee pursuant to Section 471.003(d), Florida Statutes, will be
submitted by Company, for the aboveground, at grade or underground installation
of fiber optic cable and associated equipment to be used by Company solely for the
provision of telecommunications services certificated or otherwise not prohibited by
the Florida Public Service Commission.
Company shall conform to all the requirements of Delray Beach Code of
Ordinances pertaining to the regulation of the use of right-of-way, as such
may be amended from time to time, and to such other reasonable regulations
adopted by the City for construction work in City right-of-way. Company
shall submit signed and sealed plans to the City for approval at least thirty
(30) days prior to commencing any construction.
All underground construction shall be done using trenchless technology
methods.
Co
Aboveground installation shall be done only with the prior written
permission of the owner of the poles and cables to be utilized, a copy of which
shall accompany the sealed plans to be submitted to the City.
Company shall provide the City with as-built plans no later than sixty (60)
days following completion of all construction work in City right-of-way.
Eo
(1)
Consistent with Section 337.403, Florida Statutes, in the event that
the City reasonably requires the relocation of any of its utilities on
street and/or sidewalk right-of-way, Company agrees to relocate to
another reasonable location of the City's choice, or to deepen in place,
upon receipt of the City's written request, any cable or conduit that
Company has installed in the right-of-way, with Company bearing all
costs and expenses reasonably related to the relocation or deepening
being requested by the City.
(2)
If the City requires Company to adapt or conform its cable and conduit,
or in any way or manner to alter, relocate or change its cable and
conduit to enable any other entity or person, except for the City, to use,
or to use with greater convenience, any public street, alley or right-of-
way, Company shall not be required to make any changes until such
other entity or person shall have undertaken, with solvent bond
satisfactory to City, to reimburse Company for any loss or expense
which will be caused by, or arise out of such change, alteration or
relocation of Company's cable and conduit; provided, however, that the
City shall never be liable for such reimbursement.
II. COMPENSATION TO CITY
The following consideration for the use of City right-of-way shall be paid by
Company to City:
Consistent with federal and state law and City ordinances, as amended, and
commencing on the effective date of this Right-of-Way Use Agreement, the
Company shall pay annually (on the City's fiscal year basis) to the City a sum
of money equal to one percent (1%) of its gross receipts on recurring local
service revenues derived during the preceding year from services provided
within the corporate limits of the City by the Company, excluding revenues
derived from calls made by the City. "Local service revenues" are defined as
Bo
all revenues received by the Company from its customers, except the City, for
providing the local transport of voice, data and video signals as provided in
this Agreement, including but not limited to, those revenues derived from
telecommunication services listed in subsections (1) through (6) of §203.012,
Florida Statutes, as it may be amended.
(1)
Payment shall be made within forty (40) business days after the close
of the City's fiscal year, and the Company shall file, with the City's
Director of Finance, a statement, signed by an authorized accounting
or financial representative of the Company, of the gross receipts on
recurring local service revenues derived in the preceding year.
Acceptance of any fee payment shall not be deemed a waiver or release
of any claims the City may have for additional sums, nor be construed
as an accord that the amount paid is correct.
(2)
If any annual payment is not received by the City within such period,
the Company shall pay interest on any such unpaid portion thereof at
the rate of eighteen percent (18%) per annum from the first day after
the payment period of forty (40) business days until paid to the City,
and the Company shall reimburse the City for the actual and
reasonable out of pocket costs of the City associated with collecting any
sums of money the Company is required to remit to the City pursuant
to this Agreement.
If Company is not providing recurring local service in the City, Company
shall pay City annually consideration based on actual linear feet of any cable,
fiber optic or other pathway that makes physical use of City right-of-way.
(1)
Pursuant to Ch. 337.401 FSA, in no event shall the fee or other
consideration imposed be less than $500 per linear mile of any cable,
fiber optic, or other pathway that makes physical use of the municipal
right-of-way. Any fee or other consideration in excess of $500 shall be
applied in a nondiscriminatory manner and shall not exceed the sum
of:
a. Costs directly related to the inconvenience or impairment solely
caused by the disturbance of the municipal right-of-way; and,
b. The reasonable cost of the regulatory activity of the municipality;
and,
c. The proportionate share of cost of land for such street, alley, or
other public way attributable to utilization of the right-of-way by a
telecommunications service provider.
Company may, in addition, make various services and/or facilities available
to City for municipal purposes on a cost of materials and labor basis plus 15%
administrative overhead cost, payment for which will be set off against
Company's franchise fees payable to City.
The consideration to be paid by the Company to the City under this Section
are compensation for the use by the Company of the City's rights-of-way and
are not taxes, as allowed by the Florida Constitution, the general or special
laws of the State of Florida or any ordinance of the City. The Company shall
at all times continue to be subject to public service taxes (Section 166.231,
Florida Statutes), ad valorem taxes (Section 166.211, Florida Statutes), and
such other taxes, charges or fees as may be lawfully authorized by the
Florida Constitution, the general or special laws of the State of Florida, the
provisions of the Municipal Home Rule Powers Act (Chapter 166, Florida
Statutes) or the Code of Ordinances of the City. The utility tax provided by
Chapter 50 of the City's Code of Ordinances is required separate and above
from the franchise fee.
In the event the maximum fee authorized by the laws of the State of Florida
or ordinances of Delray Beach shall be increased beyond the current amount
of one percent (1%) of the gross receipts on recurring local service revenues or
the consideration per linear mile as prescribed in §337.401 of the Florida
Statutes, the City shall be authorized to unilaterally amend this Agreement
and prospectively (from the effective date of such change in the laws of the
State of Florida) increase the fee provided for herein to the maximum fee
authorized by the laws of the State of Florida.
Further, in the event the maximum fee authorized by the laws of the State of
Florida or ordinances of Delray Beach shall be decreased below the current
amount of one percent (1%) of the gross receipts on recurring local service
revenues or the consideration per linear mile as prescribed in §337.401 of the
Florida Statutes or eliminated in its entirety, the City shall unilaterally
amend this Agreement and prospectively (from the effective date of such
change in the laws of the State of Florida) decrease or eliminate the fees
provided for herein to the maximum fee authorized (if any) by the laws of the
State of Florida.
The Company, and its agents and outside contractors shall make available
for examination by the City or its authorized representative or agent, during
normal business hours, the books, records and accounts and other
documentation of the Company (hereinafter collectively referred to as the
"Report") that, as determined by the City, are necessary to determine the
accuracy of the gross receipts on recurring local service revenues upon which
the Permit fee payment is based, and shall permit the City, or its authorized
representative or agent, to make and remove copies of the Report, including
computer printouts or other data of customer billings. In the event the
Reports are not available to the City for examination in the corporate limits
of the City, the Company shall reimburse the City for the reasonable travel
expense of the City's representative resulting from said representative's
travel to the location where the Reports are maintained and shall permit the
City to make and remove copies of the Report, including computer printouts
or other data of customer billings. Upon request by the City, or its
designated representative, the Company shall provide a copy of any annual
report filed with the Florida Public Service Commission (PSC). The City, or
its designated representative, shall have the right during the life of this
Agreement to examine the Reports; provided, however, that the Company
shall be obligated to maintain its billing records only for the period of time
required by the PSC (or its successor agency, or, in the event the Company is
no longer subject to the jurisdiction of the PSC for the period of time required
by the City) and that any examination conducted after such period shall be
confined to the billing records then available. No later than thirty (30) days
after the request of the City, or its representative, the Company shall supply
to the City, a copy of the Reports. Such copy shall be in the media requested
by the City provided that it is economical and practical for the Company to do
so; however, in no event shall paper copies of requested documentation be
deemed uneconomical or impractical. The City agrees to keep any
documentation and reports confidential as may be provided by Florida
Statutes.
The above consideration to be paid to the City shall be in addition to any
reasonable engineering inspection fees and performance and construction
bond requirement set by the City. At City's option, Company shall engage
the services of a third-party engineering inspection service to perform such
inspections at Company's sole cost.
III. CONSTRUCTION IN RIGHT OF WAY
Consistent with the requirements of federal and state law, as amended, each
telecommunication provider authorized to construct backbone facilities in the public
right of way shall construct those facilities so that they are capable of
accommodating additional telecommunications facilities owned by other persons.
Lateral connections, into specific locations are not included in this requirement.
Consistent with the requirements of federal and state law, as amended, each
telecommunications provider authorized to construct facilities in the public rights of
way shall permit, to the greatest extent possible, utilization of their conduit, poles,
trenches and other facilities by cable television and telecommunication providers, or
shall colocate its facilities on existing facilities of others. In reviewing whether to
req~iire colocation in any particular instance, the City shall take into account for the
demand for use of a particular right-of-way or route corridor, the Company's costs
and the potential adverse impact, if any, on Company's construction schedule from
such colocation, a Company's specific access, security and maintenance concerns as
well as any technical constraints. (By way of example but not limitation, RF
interference, electrical code, OSHA, loading, fire code.) To the extent such use shall
be subject to requirements of the Telecommunications Act of 1996 regarding use of
utilities including electric, gas, and telephone right-of-way conduit and facilities for
cable television telecommunication purposes, rates and charges shall be consistent
with the general objectives and requirements outlined in that Act.
Any telecommunications provider whose facilities contain additional capacity for
installation or colocation of telecommunications facilities owned by other persons
shall agree to allow other persons to install or colocate their telecommunications
facilities on such facilities subject to the requirements of federal and state law, as
amended, and subject to reasonable and non-discriminatory terms and conditions
negotiated between the parties. All costs of collocating or installing additional
telecommunications facilities shall be borne by the person seeking to do so.
IV. WAIVER OF CLAIMS
Company agrees to waive any claims against the City for damages arising from any
negligent or unintentional breach of the underground conduit or fiber optic cable
system, provided that prior to any construction or excavation project undertaken by
the City or any of its contractors, the City, or its representative, on each such
occasion contacts Company via a telephone call to the 24 hour one Call System. In
the event such call is not made and damage to the conduit or fiber or both occurs,
the City's liability shall be limited to the cost of repair to the conduit and fiber and
shall explicitly exclude any consequential business damages. Company does not
waive any claims against the City for damages arising from any act or omission, or
breach of the underground conduit or fiber, constituting gross negligence or willful
misconduct by the City, or its employees, or any of it contractors, agents or
representatives.
V. INDEMNIFICATION
Company agrees to indemnify and hold harmless the City for all costs, losses and
expenses, including, but not limited to, damages to persons or property, including,
but not limited to, judgments and attorneys' fees, arising out of and in connection
with Company's activities under this Agreement and its continuing use of the City's
rights-of-way, excluding any negligence or willful misconduct of the City; if called
upon by City, Company shall assume and defend not only itself, but, also City in
connection with any suit or cause of action, and such defense shall be at no cost or
expense whatsoever to City.
VI. AGREEMENT SUBJECT TO FUTURE ORDINANCES
Company understands that this Agreement shall be subject to future ordinances
including any right-of-way construction and administration ordinances and/or
telecommunication ordinances which may be adopted by City consistent with
applicable state and federal law.
VII. TERM
The term of this Agreement shall be for five (5) years and may be extended for an
additional five (5) year term at the option of Company upon Company giving the
City sixty (60) days advance written notice.
VII. TRANSFER OF OWNERSHIP
Company shall not assign or transfer this Agreement without the written consent of
the City, which consent will not be unreasonably withheld; except that upon written
notice to the City, Company may make such assignment to: (a) a subsidiary;
affiliate or parent company; or (b) any firm or corporation which Company controls,
is controlled by, or is under common control with; or (c) any partnership in which it
has a majority interest; or (d) to any entity which succeeds to all or substantially all
or its assets whether by merger, sale or otherwise.
IX. INSURANCE
During the term of this Agreement, the Company shall obtain and maintain at the
Company's sole expense, with financially reputable insurers which are licensed to
do business in all jurisdictions where any work is performed, naming the City as
additional insured, not less than the following insurance:
Workers' compensation as provided for under any worker's compensation or
similar law in the jurisdiction where any work is performed with an
employer's liability limit of not less tan $500,000 per accident.
Commercial general liability, including coverage for contractual liability and
products completed operations liability, with a limit of not less than
$2,000,000 combined single limit per occurrence for bodily injury, personal
injury, and property damage liability, naming the City as an additional
insured.
"All risk" property insurance covering not less than the full replacement cost
of the City's personal property while on a Company job site.
Company shall, as material condition of this Agreement, prior of the
commencement of any work and prior to any renewal thereof, deliver to the
A.
Co
City a certificate of insurance, satisfactory in form and content to the City,
evidencing that the above insurance is in force and will not be cancelled or
materially altered without first giving the City thirty (30) days prior written
notice.
Nothing contained in this Agreement shall limit the Company's liability to
the City to the limits of insurance certified or carried.
MISCELLANEOUS
This Agreement, together with all exhibits, shall constitute the entire
agreement and no negotiations or discussions prior to execution shall be of
any effect.
The invalidity in whole or in part of any provision shall not affect the validity
of any other provision.
The right and remedies of the parties shall be cumulative and in addition to
any other rights and remedies provided by law or equity. A waiver of a
breach of any provision thereof shall not constitute a waiver of any other
breach. The laws of the State of Florida shall govern this Agreement.
Notices shall be in writing, mailed certified with return receipt requested,
effective upon receipt and sent to:
Company:
James C. Falvey, Esq.
Vice President - Regulatory Affairs
e.spire Communications, Inc.
131 National Business Parkway
Suite 100
Annapolis Junction, MD 20701
City:
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Attn: David Harden, City Manager
or to replacement addresses that may be later designed in writing.
ATTEST:
CITY OF DELRAY BEACH
By:
By:
City Clerk
Mayor
Approved as to Form:
By:, Q~k_.~ ~
~City Attorney
WITNESSES:
(T~pe or Print Name)
AMERICAN COMMUNICATION
SERVICES OF JACKSONVILLE,
INC.
By:
(Co~
~te Seal)
STATE OF MARYLAND
COUNTY OF ANNE ARUNDEL
¥~c,~The foregoing instrument was acknowledged before me this i(O~qday of
, 2000 by '~C~v,~_~ C~, ~C~\vC~_A - (name of
officer or ~gent, title of officer or agent), of e .~,~ ~_~,~fc~%~(fla'~m~e' of
corporation acknowledging), a k-kc~c,a\0~ (state or place of
incorporation) corporation, on behalf of t~e corporation. He/she is personally known
to me/or has produced ~<'~cc~_~ ~,¢,,~-~.%~ (type of
identification) as identification. ~,.~ L'~ I ~,~U~ '~L-~I (~ '~1' ~-~~(~-~
'Signature of ~qotary Public
State of Maryland
Print, Type or Stamp Name of
Notary Public
FTL1 #483116 v3
lO
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
City Manager
C. Danvers Beatty, P~
Deputy Director of P~iIities
May 31, 2000
Developers Agreement
WinterplaceP.U.D.
Attached is an agenda request and supporting documentation from the City's Attorney's office for
execution of the enclosed Developers Agreement with the subject project. As part of the Winterplace
Development we have required the force main from the site to Barwick Road to be upgraded from a 4" to a
6" pipe. Additionally we have required the 6" force main on Barwick Road to be replaced with an 8" pipe
to accommodate future flows.
Attached are two letters from Schnars Engineering regarding the engineering design of the project as well
as the off-site improvement information. The letter dated January 4, 2000 includes the percentage of flow
that Winterplace will have in the off-site force main. The remaining percentage (79.7%) is the amount the
City will contribute. The April 4, 2000 letter includes the actual costs for the improvements. We have
reviewed the prices, submitted and determined that they are fair and reasonable. The total amount to be
provided by the City is $69,683.00. This amount will be provided from the City in the form of reduced
connection fees. The outside City limits connection fee for a single family home with a %" meter is
$2,340.00 (water and sewer). Based on the amount of $69,683.00 and 151 units, thc adjusted connection
fee per unit is $1,879.00.
The Developers Agreement provides for the reduction in connection fees as a result of the increase in pipe
size to accommodate future flows. If this agreement is acceptable please place it on the June 6 Meeting for
consideration by City Commission. Thank you.
Attachments
CC:
Richard C. Hasko, P.E., Director of Environmental Services
Barton Carronite, P.E., Assistant City Engineer
Allison MacGregor Harry, City Clerk
\~ESSRV002\davis\wwdata~Memo~Dev¢iopers Agreement Il.doc
AGENDA REQUEST
No.
Request to be placed on:
X . Regular Agenda
Special Agenda
__ Workshop Agenda
Agenda Item
Date: May 31, 2000
When: June 6, 2000
Description of item (who, what, where, how much): Staff requests Commission Approve a Developers
Agreement with Brighton at Delray Beach, L.C., in association with the Winterplaee P.U.D. Development.
The agreement provides for the reduction in water and sewer connection flows from $2,340.00/unit to
$1,879.00/unit. In return the developer will install larger force main piping to accommodate future flow?,
from the undeveloped area.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the Developers Agreement.
Department head signature: (~~~ ~
!
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda:/~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.(if applicable)
\~essrv002\davis~FormsL~gendaReq2000-032.doc
PRC
30SED UFT STATION
CANAl
L-30
SAI3LE LAKES
PROP~
)SED 6" ~ F.
FDa.
155 ROAD SOUTH
COUNTRY MANORS(31 - 90
SEC310N THREE
L W. D D CANAL
COUNTRY
LATERAL L-31
MAN( SECTION TWO ~o
CITY of DELRAY BEACH
ENVIRONMENTAL SERVICE8 DEPARTMENT
A
WINTER PLACE P.U.D.
FORCE MAIN UPGRADE
2000-200
MONTRESOR
1 of 1
CITY OF DELRI:IY BEACH
CITY ATTORNEY'S OFFICE
DELRAY BEACH
Ail. America City
DATE: May 17, 2000
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
TO:
FROM:
SUBJECT:
Dan Beatty, Deputy Director of Public Utilities
Brian Shutt, Assistant City Attorney
Winterplace Developer's Agreement
Per our conversation, I have reviewed the attached agreement as to form and legal
sufficiency, and I am forwarding it to you to place it on the agenda.
RBS:ci
Attachment
· 04/24/00 MON 13:13 FAX 1 581 241 5182 SCHNARS ENGINEERING C0~RP ~002
(f4/24/00 MON 11:50 FAX 581 278 4755 DEL BCH CT~ AT'FY
~002
~ N.W. Xst Avenue
Delray ~each, Florida 33444
~WINTE~LACE PUD AG{~EWfENT
THIS AGREEMF2~ eamui into this ~ day of_ ,2000,
by and bctwecn the CITY OF DELRAy BEACH, a Florida municipal corporation,
(hereinafter refcrred to as CITY) and BRIGHTON AT DE'LRA¥ BEACH, L.C..
(hereinafter referred to u DEVELOPER). to provide as follows:
WIIEI~, DEVELOPER, is developing the Winterplace P.U.D., as more
patlicularly shown on Exhibit 'A", attached hereto nr~ incorporated herein; and
Wttl~I~EAS, the CITY is requc~ng that DEVELOPER make certain offsite
im.~vovements to th~ sewer iufraslructure to ac¢onunoclate future flows., and
WI~REAS, t~ DEVELOPER agrees to make tlwse improvements ~n
exchange for a reduction in t~ com~crion fees Charged for single family homes.
NOW, TIIEREFORE, in consideration of the mutual covenants and
uaiemkings set forth here~n, the DEV~C[~)PER and CITY hereby agree as follows:
I. The above-stated recitals arc incorporated herein as if ~uLly set forth
herein.
2, TI~ DEVELOPER shall upsize the proposed 4" force main from
proposed Wi,,t~place lift station to the force main on Barwick Road by installing and
· 0~/24/00 MON 13:13 FAX 1 561 241 5182 SCI~ARS ENGI~ING__C~__RP .... --_ ~003
04/24/00 MON 11:~0 FAX 581 278 4755 D~L BCH ~ AI'I~ -- ~
~ 003
cop. sh'uc~ a new 6" ducffde iron force main, including all associnted valves and
il~ings, aud as more pa~cularly shown on Se Off&itc Force Main a,d Water Main
Plato for Winterplace ~gned and sealed on 2/29/00 by ~clmars Engineering
Corporation.
3. The DEVELOFER shah also replace an c~tsting 6" force main along
Barwjck Road by instslling and comtruc~ing a new 8" force main, including all
~sociated valves and fi~ng~, and as more panlcularly ~hown on the OffsRc Porce
Main and Water Main Plans for Win~....,place signed aha sealed on 2/29/00 by Schnars
Engineering Corpor~on.
4. The CITY is requiring the DEVELOFF, R to upsize lfle proposed force
main ami replace the existing force ma/n to accommodetc the expected future flow from
the development, comist/ng of 151 single f~mily units, as well as expected future flows
from other properties in the vicinity of the development.
5. In exchange of DIgVELOI,~ coamucting and imtsili,g larger force
~ than that requ/red for its development, the CITY shall reduce the con~ction
fees, water and_ sewer, charged to a single family horn~ 1Lsing a 3/4" meter from
$2,~40.00 to $1,879.00 for the 101 s/ngle family units that comprise the Winterplace
PUD.
6, The force main improvement mu~t be gompleted, final/zed and accepted
by the C/TY w/thin thee (3) years of the execution of this Agreement or the City will
not issue water mete~ to the DEVELOPER for the development. The Crl~ ~ also
have any o~her remedy avnil.ble to it in law or equity.
· 4/24/00 MON 18:14 FAX 1 561 241 5182 SCIINARS ENGIN~_~RING CORP __ ~004
' 54/24/00 MON 11:51 FA/ 551 278 4755 DI~L BCH CTY ATi'Y
[~004
7. All re~/orafions of thc area affected by the force main inlprovement shall
be the responsibility of tile DEVELOPER. The reatorafions shall be performed in
accordance with the DEVELOPER,S approved engineering plans.
8. DEVELOPER shall pay all sales, consumer, use and othcr simihr ~xes
required to tm paid in aCCordance with tbe laws, ordinanc~ and regulations of the place
of the development which are applicable d~thi8 the performance of the work.
9. DEVELOPER warrants and guarantees to the CiTY that all work on thc
force main/mprowment 5hall be constructed in accordance w/th the applicab/e codes of
the City of Dulray Beach. The DEVELOPER,S warranty and guara*vee shall remain
in effect for one year from the date of final acceptance. Unremedied defects/dent/fled
for correction during the warranty/guararttee period but remaining after its expiration
shall be considered as part of the obligations of the guarantee and warranty. Defects in
the instaliat/on or construction of the force main hnprovement, wh/ch are renmdied as a
result of obligatiom of the warranty/guarantee shall subject the remedied portion of the
work to an ex~cnded warranty/guarantee period of one year after the defect has been
remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall
be bound with and for the DEVELOPER in the DEVELOPER'S faithfifl observance
of the guarantee.
10. DEVELOPER, shall supervise and di~ct the installation and
cons~uction of [he force main improvement, applying such skills and expert/se as may
be necessary to perform the work in accordance with the approved engineering plans.
DEVELOPER shall be solely responsible tbr the n~ans, methods, techniques,
.'04/24/00 lION 13:14 FAII 561 2¢1 5182 SCIINARS ENGINEERING CORP . ~005
04/~¢/00 liON 11:51 FAT 561 ,'~?S 4755 DEL BCIt CT'/ ATTY
~005
~luences and procedures of the construction and imtallation of the force main
ii. Any claims, lawsuits or di~pmes that may arise under this Agreement
shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida.
12. This Agreement constitu~ea the entire agreemen~ and understanding of
the parbles, as it pegiains to thc Construction or instsllstion of water, sewer, drainage
and roadway improvement, There are no represeatafions or understandings of any
kind not set forth here/ri. Any a/lleadlllellts to this Agreeme~ must be in writing and
executed by both parties.
13. DIL'VI~X)PI~, in comideralion of the payment of ten dollars ($10.00),
receipt of which is hereby achnowledged, agrees to indemn~ry, bold harmless and
defend the CrfT, its employees, agents and officers from and against any and all
damage, loss, of whatever 16ha, arising from the construction or installation of the
force main improvement, including, but not lim~ed to reaSOnsh~e attorney's fees and
costs at the trial and appellate levels.
14. DEV~I, OPER or its comtactor shall maintain worker's compensation
insurance in an amount required by law and general liability insurance in the smnunt of
five lmndred thousand doUar~ ($$00.000.00) governing bodily injury and property
d~m,ge in standard form, imuring CITY as ,rla~ional named insured.
15. It is the intent of the parties that this Agreement shall mn with the land.
This Agreement shall be reeorded in the public records of Palm Beach County, Florida
and shall be binding on the parties legal mpresent~tlves, heirs successors and assigns.
,,04/24/00 M0N 1~14 FAX 1 501 241 5182 SCHNARS ENCINEERING C0RP ~005
04/24/00 M0N 11:52 FAX 501 ~T& 4755 DEL BCH CT'/ ATrY
[~008
IN Wrr~F, SS Wm~F, OF, the parties hereto have cniered into Chis Agreemm~
as of the day ami year first above writtell.
City Clerk
CITY OF DELRAY BEACH
By:.
Mayor, David Schmfdt
A~,~./~~roved as to Form:
~.~ity Attorney
WITNESSNS: BRI~ELRAY BEACH. L.C.
(Name Printed or Typed)
(Nan~Printe~or TYl~d) ' ~''
STATE OF ~
COUNTY OF
Vice-President, Brighton at Dekay Beach
The foregoing insmlme~ was acknowledged before me lids ~'~day of
· of officer or agent, titlc~f officer or agent), of
(name of corporation acknowledging), a
~ (state or place ~-f inco~pormion) corporation, on behalf of the
cc~"pora~on. ~lShe iL uerson~ll¥ kuovm to me or h,, produced
(type of identif~fi~-~,~t~, ~ ,,n
ENGINEERING CORPORATION
Sanuary4,2000
Jeffrey T Schnars, RE
President
James W. Mahannah, R~
~cePcesident
Randal L. Krejcarek, P.E., City Engineer
City of Delray Beach
434 South Swimon Avenue
Delray Beach, FL 33444
Winterplace PUD
Schnars Eneineerine Corp. Project No. 9912 7
Mr. Krejcarek:
Please find attached the following information for your review:
2.
3.
4.
5.
6.
Two sets of Water and Sewer plans and Paving, Grading, and Drainage plans for the onsite infrastructure
Two sets of Offsite Force Main plans
Lift station calculations
Two copies of the Preliminary Plat document submitted to Palm Beach County
Draft copies of the DEP forms for both the onsite and offsite plans
Approved plans from the Palm Beach County Fire Marshall.
If you recall, this project is located outside of the City limits, but water and sewer service is being provided by the City of Delray.
As previously discussed with yourself and Dan Beatty, it is our understanding that water and sewer connection fee credits will be
received for the following offsite improvements:
Differential material cost between a 4" and 6" ductile iron pipe and associated fittings and valves for the force main from
the Winterplace lift station to Barwick Road. Cost shall be provided by the Developer's contractor.
Proportional share of the force main upgrade on Barwick Road. The proration is based upon the number of units in the
NW 1/4 of Section 12 as stated in the Simmons and White letter to and acknowledged by the City of Delray Beach dated
September 29, 1997. The methodology is as follows:
Area Density # of Units
NW 1/4 153 acres
Winterplace area 34.7 acres 4.35 151 20.3%
Net area 118.3 acres 5.0 59.~1 79.7%
Total Number of Units 742
% of Total Units
Therefore, the Winterplace Developer will receive reimbursement of 79.7% of the cost to upgrade the existing 6" force
main to an 8" force main along Barwick Road as shown on the attached plans. The credits shall be based upon the actual
cost to the Developer.
If you should have any questions or need anything else, please do not hesitate to call me.
Sincerely,
SC~G CORPORATION
Brighton Homes
951 Broken Sound Parkway, Suite 108 · Boca Raton, FL 33487 · Tel: (561124%6455 · Fax: (561} 241-5182
ENGINEERING CORPORATION
April 4, 2000
Jeffrey 7~ $chnars, RE.
President
James W. Mahannah, P.E.
Vice President
Ban'on Caronite, P.E., Asst. City Engineer
City of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
RE: Winterplace PUD
Schnars Engineering Corp. Pro]ect No. 99127
Mr. Caronite:
In response to your fax sent March 7, 2000, we offer you the following:
On-Site Improvements
Copies of permits from other regulatory agencies will be provided upon receipt.
A paving cross-section (section D-D) has been added to the Paving, Grading, and Drainage plans and additional
grades shown for the lift station access drive.
Off-Site Improvements
Attached is documentation from our conlractor, Panther Utilities, Inc. on the cost of the offsite improvements. It
is my understanding, based upon previous correspondence, that the City will be responsible for the following cost
in the form of impact fee credits:
Plat
Differential cost between 4" and 6" force main fi'om the project to Barwick Road .......... $ 5,880
79.7% of the Barwick Road force main upgrade = .797 x $80,055 = . .................... $63.803
TOTAL .................................................................... $69,683
The Developer's Agreement and bond will be forward upon receipt from Brighton Homes.
Lift station dedication has been added to the plat.
Exclusive water and sewer easements have been shown on Lots 28 and 29 and appropriate language added to the
dedication language.
I have attached I0 sets of on-site water and sewer plans for your approval, two copies of the plat, and one set of Paving,
Grading, and Drainage Plans all revised to address your comments. Also attached is one copy of the Landscaping plans.
Please call me when the on-site DEP applications are ready for pick-up. If you should have any questions or need anything
else, please do not hesitate to call me.
Sincerely,
SCI~,,~f~~iNG CORPORATION
copy[,~Robert Stiegele, Brighton Homes
951 Broken Sound Parkway, Suite 108 · Boca Raton, FL 33487 · Tel: (561) 241-6455 · Fax: (5611 241-5182
FROM : P~THER UTILITIER ~=~ PHONE NO. : 53~ 87~$ ~
Mar. OB 2000 10:27AM P3
Panther Utilities, Inc.
~732 S.Cong~s~, R 33461
Pho~® (51~1)53:~744 - Fax (561)533-8745
IV[arch 08, 2000
Winterplace- Barwick Rd. Only
8' Epoxy DIP I960 LF $ 24.50
Sxd" T.S. &V I EA $2,900.00
MT. Fitting 1 LS $2,000.00
Pavement Rest. 4[:8 S¥ $ 35.00
Cut & Abandon 6" FM 1 LS $7,000.00
16" Casing 60 LF $ 30.00
Remove Crossing ILS $1,500.00
$47,775.00
$ 2.900.00
$ 2,000.00
$17,080.00
$ 7,0o0.0o
$ 1,800.00
$ 1,500.00
To~l $80,055.00
FROM : PANTHER UTILITIER ~-' PHON~ NO, : 5J3 8?45
Mar. ~ ~000 10:2?AM P2
Panther Utilities, Inc.
1732 S.Congress A~. ~3,31 - Palm Springs. FI 33461
Ptmne (561)533-87~.4 - Fax (561)533-874,~
March 7, 2000
Wioterplace- Off~ite with
4" Epoxy DIP 1960LF
$" Epoxy DIP 1950LF
8x8 TSw/V lEA
6" G.V. 1EA
MJ Fi'aings
Limerock Rest. 800 SY
Pavement Rest. 488 SY
Clear & Grub ]LS
Cut & Abandon FM ILS
16'~ Casing 60 LF
R~move Crossing L LS
$ 19,00/LF
$ 24.50/LF
$ 2900.00
$ 500.00
$ 2500.00
$ 7.00
$ 35.OO
$1200.00
$ 7000.00
$ 3O.OO
$ 1500.00
$37,240.01~
$47,775.00
$ 2900.00
$ 500.00
$ 2500.00
$ 5600.00
$17080.00
$ 1200.00
$ 7000.00
$ 1800.00
$ 1500.00
Forcc Ma~n
12" DIP 3Z0 LF $26.00/LF $4940.00
12" BV 2 EA $1200.00 $2400.00
Sample Pts, 2 EA $200,00 $200,00
MJ Fittings ILS $800.00 $$00.00
Remove 12" WM 190 LF $4.00 $760.00
Tie in to Exist. 2 EA. $800.00 $1600.00
Total
$10,900.00
FROM : PANTHER UT1LITIER '~' ~
PHONE NO. : 533 8745
Mar. 08 2000 10:28AM P4
Pan___ther Utilities, Inc.
1732 S.Congress AW. 1~331 ~
Phone (5~1)533-8744 - Faz (561)533-~745
March 08, 2000
Winterplace- Offsite w/6~ DIP
6".Epoxy DIP 1960 LF $22.00/LF $43,120.00
8" Epoxy DIP 1950 LF $24.50/LF $47,775.00
SxS T.S. & V 1 EA $2900.00 $ 2,900.00
6" O.V. I EA $ 500.00 $ S00.00
MJ Fitting I TN $2500.00 $ 2,500.00
Limerock Re. st 8¢10 SY $ 7.00 S 5,600.00
Pavement Re~t 4~',8 SY $ 35.00 $17,080.00
Clear And Grub ILS $1200.00 $ 1,200.00
Cur and Abandon FM ILS $7000.00 $ 7,000.00
]6' Casing 60 LF $ 30.00 $ l,SO0.O0
Remove Crossing 1 LS $1500.00 $ 1,500.00
Total
$130,975.00
Water
$ I 0,900,00
Grand Total $141,875.00
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~Vff~
AGENDA ITEM ? ~ - REGULAR MI~.I~.TING OF JUNE 6, 2000
HOLD HARMLESS AGREEMENT/COURTYARDS OF DELRAY
DATE: JUNE 1, 2000
This is before the City Comrmssion to approve a hold harmless agreement for work performed within
the state right-of-way. New Urban Communities Corp. is developing the Courtyards at Delray, a
proposed townhouse project located on the north side of S.E. 1~t Street between the Federal Highway
pairs.
The developer is required to construct water main extensions within state right-of-way. The Florida
Department of Transportation requires the City to sign the permit on behalf of the developer. The
proposed agreement provides that the developer will hold the City harmless for the utility xvork to be
performed under the permit.
Recommend approval of the hold harmless agreement for work performed within the state right-of-
way between the City and New Urban Commumties Corp.
RefiAgmemo 16.Hold Harmless Agmt. Courtyards of Dekay
Agenda Item No. ~
Request to be placed on:
X Regular Agenda
-- Special Agenda
--Workshop Agenda
AGENDA REQUEST
Date: May 8, 2000
When: ~, '2000
Description of item (who, what, where, how much):Approval of a hold
harmless agreement between New Urban Communities Corp., the developer of
The Courtyards of Delray project, and the City for utility work
performed within the state right-of-way. The Courtyards of Delray
project is required to extend water mains in Northbound and Southbound
Federal Highways near SE 1s~ Street as a condition of site plan
approval. The City is required to be the applicant on the Floridu
Department of Transportation utility permit application.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/N__O
Recommendation: Staff recommends approval of the hold
agreement.
Department head signature:
Determination of Consistency with Comprehensive Plan:
harmless
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on
funds):
Funding available: YES/NO
Funding alternatives
Account No. & Description
Account Balance
all items involving expenditure
(if applicable)
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
of
cc: tac- Courtyards of Delray
file:s/engadmin/tac/Courtyards of Delray/ag052300.doc
City Of Delray Bea, i Ce h
Department of Environmental Serv'
M E M 0 R A N D U M
TO:
FROM:
THRU:
DATE:
SUBJECT:
David T. Harden, City Manager
Barron E. Caronite, PE, Assistant City Engineer~~
Richard C. Hasko, PE, ESD Director
May 8, 2000
Hold Harmless Agreement for FDOT Utility Permit for Courtyards of Delray
Please find attached a hold harmless agreement for work performed within the state
right-of-way. The Courtyards of Delray, a proposed townhouse community located just
North of SE 1st Street between Northbound and Southbound Federal Highways, has
been required to construct water main extensions within the State right-of-way. The
Florida Department of Transportation requires the City to act as the utility permit
applicant. The attached agreement holds the City harmless for the work performed
under the permit. If the attached agreement is acceptable, please place it on the May
23, 2000 meeting for commission approval.
cc:
Randal Krejcarek, PE, City Engineer
Brian Shutt, Assistant City Attorney
s:~engadmin~projects~tac~coudyards of delray~hoM harmless, d°c
HOLD HARMLESS AGREEMENT FOR WORK
PERFORMED WITHIN THE STATE RIGHT-OF-WAY
THIS HOLD HARMLESS AGREEMENT, is entered into this __
(hereinafter referred to as "CITY") and
referred to as "DEVELOPER").
day of
200_ by and between the CITY OF DELRAY BEACH, FLORIDA,
,(hereinafter
WITNESSETH:
WHEREAS, DEVELOPER wishes to install/construct utilities in the right-of-way of
the State of Florida; and
WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER
to allow the installation/construction to take place in the State right-of-way; and
WHEREAS, the CITY is required to indemnify and hold harmless the State for the
work performed by DEVELOPER in the State right-of-way; and
WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and
defend the CITY and the State for the work performed in the State right-of-way by the
DEVELOPER, its contractor or agent.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00),
receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the
CITY and the State, their agents, officers, employees and servants from any and all claims,
suits, causes of action or any claim whatsoever made, and damages, including, but not limited
to reasonable attorney's fees and costs at the trial and appellate levels, which may result from
any activity conducted by DEVELOPER, its contractors or agents in relation to the work
performed in the State right-of-way and as more particularly shown on the engineering plans
submitted for the development known as ~II~,~[L~~~__' - J
3. DEVELOPER warrants and guarantees to the CITY that all work on the utility
improvement shall be constructed in accordance with the applicable codes of the City of
Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall
remain in effect for one year from the date of final acceptance. Unremedied defects identified
for correction during the warranty/guarantee period but remaining after its expiration shall be
considered as part of the obligations of the guarantee and warranty. Defects in the installation
or construction of the utility improvement, which are remedied as a result of obligations of the
warranty/guarantee shall subject the remedied portion of the work to an extended
warranty/guarantee period of one year after the defect has been remedied. DEVELOPER
shall deliver this agreement to its Surety. The Surety shall be bound with and for the
DEVELOPER in the DEVELOPER'S faithful observance of the guarantee.
4. DEVELOPER, shall supervise and direct the installation and construction of
the utility improvement, applying such skills and expertise as may be necessary to perform the
work in accordance with the approved engineering plans. DEVELOPER shall be solely
responsible for the means, methods, techniques, sequences and procedures of the construction
and installation of the utility improvement.
5. Any claims, lawsuits or disputes that may arise under this Agreement shall be
governed by the Laws of Florida, with venue in Palm Beach County, Florida.
6. This Agreement constitutes the entire agreement and understanding of the
parties, as it pertains to the construction or installation of the utility. 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.
7. DEVELOPER or its contractor shall maintain worker's compensation insurance
in an amount required by law and general liability insurance in the amount of one million
dollars ($1,000,000.00) governing bodily injury and property damage in standard form,
insuring CITY and the State as additional named insureds. DEVELOPER or its contractor
shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to
the CITY, prior to commencing installation or construction.
8. DEVELOPER shall be bound by all the terms and conditions found in the
Utility Permit Agreement between the CITY and the State for this project and attached hereto
as Exhibit "A".
9. This agreement shall not be valid unless signed by the City's Mayor and City
Clerk.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day
and year first written above.
ATTEST:
By:
City Clerk
Approved as to Form:
By:.
City Attorney
CITY OF DELRAY BEACH, FLORIDA
By:.
David Schmidt, Mayor
3
DEVELOPER:
By:
(Print or Type Name)
Address:
Phone:
STATE OF FLORIDA
COUNTY OF PALM BEACH
.~The foregoing instrument .was acknowledged before me this // day of
D. A4 ,209O~_bY"'~gch HEE[lth 3'h (n .~e of officer or agent tifleof
office~ o~nt) of ~.\~t~3 I~ ~lc~ _t"~f)~ U ~3 i~-~-~,(name of corporation
knowledg~ng), a ~ (state or place of incorporation) corporation, on behalf
of the corporati6n. He/~he is personally known to me or has produced
~k~O 03 k3 '~O ~ ~_. (type of ide~cation) as identification and did (did not) take
Sign (e oW ota .' ugic-' --
Stat~f Florida
,~ ca,r/E Lam
4
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~ff'kl
PROGRAM
DATE: JUNE 1, 2000
This is before the City Commtssion to approve the issuance of funding subsidies in the total amount
of $98,182.66 to five (5) income eligible applicants under the De[ray Beach Renaissance Program.
The specifics of the program are outlined in the attached memoranda from the Community
Development Division.
Funding for the subsidy awards will be from 118-1924-554-83.01 (SHIP Program), as follows:
Acquisition/rehabilitation at 515 SW 9~h Street (East 30 feet of Lot 111 and West 30 feet of Lot
112, De[ray Manor Addition) to Shanda Orr in the amount of $20,250.00, representing the 102"a
homeownership assistance grant under the program to-date;
· New construction on NW 12th Avenue (Lot 27, Block 1, Atlantic Park Gardens) to Danette
Walton in the amount of $18,644.66, representing the 103'a homeownership assistance grant;
· New construction on SW 13m Avenue (Lot 17, Lincoln Atlantic Park Gardens) to Gerald Odom
in the amount of $19,800.00, representing the 104m homeownership assistance grant;
· New Construction on SW 5m Avenue (Lot 14, Block 3, Rosemont Park) to Joan Johnson in the
amount of $20,250.00, representing the 105m homeownership assistance grant; and
New construction on SW 13t~ Avenue (Lot 18, Lincoln Atlantic Park Gardens) to Brian and
Shaquira Young in the amount of $19,238.00, representing the 106'h homeownership assistance
grant.
Recommend approval of five (5) subsidy awards in the total amount of $98,182.66 under the Dekay
Beach Renaissance Program.
RefiAgmemol 1.Renaissance Program Subsidy Awards
Agenda Item No.: ~" ~"
AGENDA REQUEST
Request to be placed on:
__ Regular Agenda
__ Special Agenda
Workshop Agenda
xxxxx Consent Agenda
Date: May31, 2000
When: June 6, 2000
Description of item:
Authorization and approval to issue subsidies to five eligible applicants under the Delray
Beach Renaissance Program totaling $98,182.66.
Note: Shanda Orr ($20,250.00) represents homeownership assistance grant number 102,
Danette Walton ($18,644.66) represents homeownership assistance grant number 103,
Gerald Odom ($19,800.00) represents homeownership assistance grant number 104, Joan
Johnson ($20,250.00) represents homeownership assistance grant number 105 and Brian
and Shaquira Young ($19,238.00)represent homeownership assistance grant number 106
provided under the Renaissance Program to date.
Staff recommends approval of five subsidy awards. Funds are to be awarded from the
State Housing Initiatives Partnership (SHIP) Program.
SHIPTotal: $98,182.66 Account Number: 118-1924-554.83-01
Department Head Signature: ~2~(,7
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~NO~
Funding Alternatives:
(if applicable)
Account No. & Description: \\~-~,0~rkq-c3~q-{0~3,0~ ~'~ ~tur,
Account Balance: ~ c>~..~/q~, t~O bl11701~
City Manager Review:
Approved for Agenda: ~NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David T. Harden, City Manager
Kenneth L. Thomas, Community Development Coordinator
Lula Butler, Community Improvement Director ~J~9
May 3 l, 2000
Delray Beach Renaissance Program Subsidy Request
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue subsidies to five eligible applicants under
the Delray Beach Renaissance Program. These subsidies represent applicant numbers 102, 103,
104, 105 and 106 requesting homeownership assistance grants provided under the City's
Renaissance Program to date.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved by the
City Commission on January 23, 1996. In partnership with the Delray Beach Community
Development Corporation, the TED Center, the Community Redevelopment Agency, the
Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray
Beach Housing Authority, we are committed to providing homeownership opportunities to 80
homebuyers through new construction and acquisition rehab beginning October 1, 1995 through
September 30, 1998. An agreement to extend the program for one additional year was approved
by all partners and the City Commission. On June 15, 1999, the City Commission approved a
new Memorandum of Understanding operating the Renaissance Program from March 1999 to
February 2001.
Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage
lender. The seminar includes training and information on financial planning, credit and
borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive
glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and
requires the applicant to maintain ownership/residence for a specified period according to the
amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per
year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less
than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years.
RECOMMENDATIONS
Staff is recommending City Commission approval to fund subsidies for the five eligible
applicants of thc following properties:
· (New Construction) $20,250.00
xxx SW 5th Avenue
Rosemont Park Delray, Lot 14, Block 3
· (New Construction) $19,800.00
xxx SW 13th Avenue
Lot 17, Lincoln Atlantic Park Gardens
· (New Construction) $18,644.66
xxx NW 12th Avenue
Atlantic Park Gardens Delray, Lot 27, Block 1
· (Acquisition/Rehab.) $20,250.00
515 SW 9th Street
E 30' of Lot 111 & W 30' of Lot 112, Delray Manor Add to Delray
· (New Construction) $19,238.00
xxx SW 13th Avenue
Lot 18, Lincoln Atlantic Park Gardens
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION No (Acquisition/Rehabilitation)
CENSUS TRACT 68.02
NAME Shanda Orr
PROPERTY ADDRESS 515 SW 9th Street, Delra¥ Beach
LEGAL DESCRPTION East 30 Feet of Lot 111 and West 30 Feet of Lot 112, Delra¥ Manor
Add. to Delra¥, PB 12/59
% OF AREA MEDIAN HOUSEHOLD INCOME
COST OF CONSTRUCTION:
COST OF EXISTING UNIT: $63,775.00
Non-Profit Developer's Fee $ 750.00
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 44,000.00
RATE 8.50 %
LTV 78.89 % $
SECOND MORTGAGE
THIRD MORTGAGE
$ 19,500.00
$
GRANT $ 2,000.00
52% NO. IN HOUSEHOLD
COST OF LOT
(including rehabilitation costs)
Bank Atlantic
City of Delray, HOME
City of Delray, SHIP
CRA of Delray
Housing Authority
Federal Home Loan Bank
FHP
APPLICANT FUNDS
Estimated Pre-paids (Lender 1003) $ 1,323.70
Estimated Closing Costs (Lender 1003) $ 2,552.00
TOTAL TRANSACTION $ 67~650.70
Estimated cash fi.om/to borrower (Lender 1003)$
1,345.70 .(meets 2% of deal requirement)
DELRAY BEACH
MEMORIAL
GARDENS
6TH
S.W. 7TH ST.
I I
I I
S.W. 8TH
IIIIII II1
S.W. 9TH
IIIIII rl r.'l'l f"l
S.W, 9TH
"1 I I I I I I I I?lt"'l
1 0TH
PINE GROVE
ELEMENTARY
SCHOOL
FALL RIDGE
OF DELRA Y
DRUG ABUSE
FOUNDA~ON OF
IPALM BEACH COUNTY
CITY OF DELRAY BEACH
PUBLIC WORKS
COMPLEX
WA TER
TREA TMEN T
PLAN T
S.W. 6TH ST
7TH ST.
S.W. 8TH ST,
S.W. 8TH COURT
STREET
REIGLE AVENUE
N
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
ERIC & PHILLIS MEYER PROPERTY
LOT 111.1, DELRAY MANOR ADDITION
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
CENSUS TRACT 67.00
NAME Danette Walton
PROPERTY ADDRESS xxx NW 12th Avenue, Delray Beach
LEGAL DESCRPTION Atlantic Park Gardens, Delray, Lot 27, Block 1, Plat Book 14, Page
56.
% OF AREA MEDIAN HOUSEHOLD INCOME 60% NO. IN HOUSEHOLD
COST OF CONSTRUCTION: $63,200 COST OF LOT $ 9,500
COST OF EXISTiNG UNIT: N/A (including rehabilitation costs)
Non-Profit Developer's Fee $3,000.00
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 59,250.00
RATE 8.25 %
LTV 82 % $
SECOND MORTGAGE $ 15,644.66
$
$
THIRD MORTGAGE $
GRANT $
Republic Security Bank
City of Delray, HOME
City of Delray, SHIP
CRA of Delray
Housing Authority
Federal Home Loan Bank
APPLICANT FUNDS
Estimated Pre-paids (Lender 1003) $ .00
Estimated Closing Costs (Lender 1003) $ 3,747.33
TOTAL TRANSACTION $ 76~447.33
Estimated cash fi.om/to borrower (Lender 1003)$
1,552.67
(meets 2% of deal requirement)
POMPEY PARK
2ND
MINI PARKS
N
CITY OF DELRAY BEACH. FL
PLANNING & ZONING DEPARTMENT
COMMUNITY REDEVELOPMENT AGENCY PROPERTY
LOT 27, ATLANTIC PARK GARDENS PLAT
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
CENSUS TRACT 68.01
NAME Gerald Odom
PROPERTY ADDRESS xxx SW 13th Avenue, Delra¥ Beach
LEGAL DESCRPTION Lot 17, Lincoln Atlantic Park Gardens, Plat Book 23, Page 226
% OF AREA MEDIAN HOUSEHOLD 1NCOME 54% NO. IN HOUSEHOLD 4
COST OF CONSTRUCTION: $87,270 COST OF LOT $10,000
COST OF EXISTiNG UNIT: N/A (including rehabilitation costs)
Non-Profit Developer's Fee $3,000.00
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 83,000.00
RATE 7.750 %
LTV 85.33 % $
SECOND MORTGAGE
THIRD MORTGAGE
GRANT
$ 16,800.00
$
Community Financing Consortium
City of Delray, HOME
City of Delra¥, SHIP
CRA of Delra¥
Housing Authority
Federal Home Loan Bank
APPLICANT FUNDS
Estimated Pre-paids (Lender 1003) $ 1,471.00
Estimated Closing Costs (Lender 1003) $ 4,089.00
TOTAL TRANSACTION $ 102~830.00
Estimated cash fxom/to borrower (Lender 1003) $
2,725.00 (meets 2% of deal requirement)
ATLANTIC
AVENUE
--mm
1ST
2ND
3RD
ST.
DELRA Y
FULL SERVICE
CENTER
S.W. 4TH
L
S.W. 3RD CT.
SI.
N
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
YOUNG MENS PROGRESSIVE CLUB PROPERTY
LOT 17, LINCOLN ATLANTIC PARK GARDENS PLAT
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
NAME Joan Johnson
PROPERTY ADDRESS xxx SW 5th Avenue, Delray Beach
LEGAL DESCRPTION
CENSUS TRACT 68.02
Rosemont Park Delra¥, Lot 14, Block 3, Plat Book 13, Page 60.
°A OF AREA MEDIAN HOUSEHOLD INCOME 53% NO. IN HOUSEHOLD 2
COST OF CONSTRUCTION: $74,500 COST OF LOT $10,000
COST OF EXISTING UNIT: N/A (including rehabilitation costs)
Non-Profit Developer's Fee $2,750.00
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 70,000.00
RATE 8.50
LTV 83 % $
SECOND MORTGAGE $ 17,500.00
$
$
THIRD MORTGAGE $
GRANT $
Republic Security Bank
City of Delra¥, HOME
City of Delray, SH1P
CRA of Delray
Housing Authority
Federal Home Loan Bank
APPLICANT FUNDS
Estimated Pre-paids (Lender 1003) $ 1,325.00
Estimated Closing Costs (Lender 1003) $ 4,023.00
TOTAL TRANSACTION $ 89~848.00
Estimated cash fi.om/to borrower (Lender 1003)$
2,293.00 (meets 2% of deal requirement)
DELRA Y BEACH
MEMORIAL
GARDENS
L)I~ '1 I,
I ~ Air
DRUG ABUSE
FOUNDA~ON OF
IPALM BEACH COUNTY
CITY OF DELRAY BEACH
PUBLIC WORKS
COMPLEX
S.W. 9TH ST.
ItlIIILllLIL I~!lLIIIIIIIIII I I
I Illll rl II'1 FI Pf IflgJHI I I I I I I I II!~'t~l'~J'' '1"
411 lSlW'l I I I kt I,--,I I,--1 I,I I-,.1 I, I....t I J,l~,l I I
'~11111111 I?I FI I'1 I'1 I'1 I'1 I"1 I'FI~I II I"1-1-1 I~
10TH STREET
PINE GROVE
ELEMENTARY
SCHOOL
FALL RIDGE
OF DELRA Y
REIGLE AVENUE
N
CITY OF D£LRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
IVAL STIRRUP PROPERTY
LOT 14, BLOCK 3 OF ROSEMONT PARK
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
CENSUS TRACT 67.00
NAME Brian and Shaquira Young
PROPERTY ADDRESS xxx SW 13th Avenue, Delray Beach
LEGAL DESCRPTION Lincoln Atlantic Park Gardens, Lot 18, Plat Book 23, page 226.
% OF AREA MEDIAN HOUSEHOLD INCOME 59% NO. IN HOUSEHOLD
COST OF CONSTRUCTION: $82,150 COST OF LOT $10,000
COST OF EXIST1NG UNIT: N/A (including rehabilitation costs)
Non-Profit Developer's Fee $3,000.00
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 78,300.00
RATE 8.25 %
LTV 85 % $
SECOND MORTGAGE
THIRD MORTGAGE
GRANT
$ 16,238.00
$
$
$
$
Republic Security Bank
City of Delray, HOME
City of Delray, SHIP
CRA of Delray
Housing Authority
Federal Home Loan Bank
APPLICANT FUNDS
Estimated Pre-paids (Lender 1003) $ 900.00
Estimated Closing Costs (Lender 1003) $ 3,812.49
TOTAL TRANSACTION $ 96~862.49
Estimated cash from/to borrower (Lender 1003) $
2,324.49
(meets 2% of deal requirement)
NTIC AVENUE
ATLANTIC
MINI PARKS
1ST
ST.
t<~1 I/ l i i ii il m
AVENUE
ST.
DELRA Y
FULL SERVICE
CENTER
S.W. 3RD CT.
ST.
N
CITY OF DELRAY BEACH, FL
PLANNING ~ ZONING DEPARTMENT
YOUNG MENS PROGRESSIVE CLUB PROPERTY
LOT 18, LINCOLN ATLANTIC PARK GARDENS PLAT
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David Harden, City Manager
Kenneth L. Thomas, Community Development Coordinator ~_D'~-
Lula Butler, Community Improvement Director ~)
May 22, 2000
Applicant (Pamela M. Flowers) is requesting the City of Delray Beach
to subordinate its second mortgage position
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to subordinate its second mortgage in the
amount of $12,333.33 to allow the homeowner, Ms. Flowers to secure a new loan for
debt consolidation.
BACKGROUND
Ms. Flowers is a property owner within the Community Development Block Grant
(CDBG) targeted area. During July 1996, Ms. Flowers was awarded a subsidy in the
mount of $20,000.00 to purchase a new home. In addition to the City's subsidy Ms.
Flowers received a grant of $5,000.00 from the Community Redevelopment Agency
(CRA). As a result of all subsidies received Ms. Flowers first mortgage was reduced to
$54,500.
The subsidy is secured by a Promissory Note/Second Mortgage approved by the City
Commission and requires the applicant to maintain ownership/residence for a specified
period according to the amount of the Grant. Grant amounts less than $15,000 per unit
are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts
equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of
10% per year for ten (10) years. However, Ms. Flowers officially signed her agreement
with the City on July 26, 1996. Therefore, the agreement will remain recorded as a
covenant to the property until July 26, 2006.
RECOMMENDATIONS
Staff is recommending the City Commission approval to subordinate its second mortgage
in the amount of $12,333.33.
Agenda Item No.: ~ ]~'
~GENDAREOUEST
Request to be placed on:
__ Regular Agenda
__ Special Agenda
Workshop Agenda
xxxxx Consent Agenda
Date: May 22, 2000
When: June 6, 2000
Description of item:
Authorization and approval to subordinate the City's second mortgage position.
Recommendation:
Staff recommends approval of subordinating the City's second mortgage position.
CDBG Total: Account Number:
Department Head Signature: ~7~ ~- ~
(/ *'~ - l
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternative s:
Account No. & Description:
Account Balance:
.(if applicable)
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David Harden, City Manager
Kenneth L. Thomas, Commnnity Development Coordinator ~
Lula Butler, Community Improvement Director ¢3
May 30, 2000
Request to amend the Fair Housing Funding Agreement between the
City of Delray Beach and the Business & Economic Development &
Revitalization Corporation (BEDR)
ITEM BEFORE THE COMMISSION
A request for City Commission approval and acceptance of an amended agreement to
delete BEDR Corp., and include the Fair Housing Center of Greater Palm Beaches, Inc.,
as the new service provider of fair housing for the City of Delray Beach.
BACKGROUND
The Community Development Division received a letter from BEDR Corp., stating their
intent to terminate an agreement with the City to provide fair housing services. Pursuant
to the enclosed agreement (dated 11/2/99), either party (City and/or BEDR) can terminate
the agreement within ten (10) days with a written notice. Therefore, staff recommends
the acceptance of BEDR's request for termination of their agreement. In addition, staff
recommends the approval and authorization of the amended agreement between the City
and Fair Housing Center of Greater Palm Beaches, Inc., to service the remaining four (4)
months of the contract. Pursuant to the revised agreement the Fair Housing Center will
provide a minimum of two (2) Housing Industry Provider / Community Education
Sessions for residents of Delray Beach, including school aged children and community
organizations.
RECOMMENDATIONS
Staff is recommending the City Commission approve the amended funding agreement to
include the Fair Housing Center of the Greater Palm Beaches, Inc.
Agenda Item No.: g ~
AGENDA REQUEST
Request to be placed on:
__ Regular Agenda
__ Special Agenda
__ Workshop Agenda
xxxxx Consent Agenda
Date: May 22, 2000
When: June 6, 2000
Description of item:
A request for City Commission approval and acceptance to amend the agreement to
delete BEDR Corp., and include the Fair Housing Center of Greater Palm Beaches, Inc.,
as the new service provider of fair housing for the City of Delray Beach.
Recommendation:
Staff is recommending approval of the amended funding agreement to include the Fair
Housing Center of the Greater Palm Beaches, Inc.
CDBG Total: Account Number:
D ep artme nt Head Si gnature: ~~~--
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Altematives:
Account No. & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN THE CITY OF DELRAY BEACH
AND
FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC.
1999-2000 (June 6, 2000 - September 30, 2000)
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
("Agreement") entered into this 6th day of June, 2000, between the City of Delray Beach,
hereinafter referred to as "City" and Fair Housing Center of the Greater Palm Beaches, Inc.,
hereinafter referred to as the "Agency", having its corporate office located at 1300 West Lantana
Road, Suite 100, Lantana, Florida 33462, related to the provision, as per the budget approval by the
City Commission on June 6, 2000 and effective June 6, 2000 through September 30, 2000, of $1.000
in Community Development Block Grant funds to be used to provide a minimum of two (2) Housing
Industry Provider / Community Education Sessions for residents of Delra¥ Beach, including school-
age children and community organizations, upon the following terms and conditions:
a.) All two (2) seminars and sessions will be accomplished during the effective date of the
contract period (June 6, 2000 through September 30, 2000).
b.) Each seminar or session will be conducted following notification of the CD Division
regarding date, location and the submittal of supporting documentation (i.e. flyers,
marketing tools, advertising efforts, etc.).
c.) Each seminar/session must be adequately advertised and marketed to residents of Delray
Beach, in an effort to ensure maximum participation and effectiveness (copies to be
submitted to CD Division prior to seminar/session).
d.) Reimbursement of expenses will be provided upon completion of each seminar/session, at
the predetermined amount of $500.00 per seminar/session, with the total maximum
reimbursement not exceeding $1,000 (for the two seminars/sessions).
e.) All seminars/sessions will be open to participants, free of charge.
f.) The Fair Housing Center of the Greater Palm Beaches, Inc. shall provide:
1.) Community Education Sessions for civic organizations, community based agencies,
social service providers and/or schools within the municipal boundaries of the City of Delray Beach.
These sessions shall be designed to educate the public and protected classes to identify incidents of
discrimination in housing and to gain an understanding of the means to find remedies, to seek
redress and relief. Sessions are to be conducted citywide on an ongoing basis during the program
year. A minimum of one (I) session shall be conducted during the period beginning June 6, 2000
and ending September 30, 2000. One (1) of the sessions will focus on the education of children
about housing discrimination.
2.) Housing Industry Provider Education Seminars for developers, real estate brokers
property managers, financial institutions, and the media/advertising industry. The seminars shall
provide information on fair housing laws, Community Reinvestment Act regulations and affirmative
marketing requirements. A minimum of one (1) seminar shall be conducted during the period
beginning June 6, 2000 and ending September 30, 2000.
WHEREAS, federal regulations at 24CFR 570.601 provide that CDBG funds are granted to
the City of Delray Beach under a condition that the City certified that it will "affirmatively further
fair housing," and;
WHEREAS, with its submission of the Fiscal Year 1999-2000 Consolidated Action Plan,
the City of Delray Beach so certified that it would "affirmatively further fair housing," and;
WHEREAS, the Fair Housing Center of the Greater Palm Beaches, Inc. proposed to
provide Fair Housing Education and Outreach to the citizens of Delray Beach, and:
NOW, THEREFORE, the parties hereby further agree as follows:
Definitions:
a. "City" means the City of Delray Beach, Florida
b. "CDBG" means Community Development Block Grant Program of the City
of Delray Beach
c. "CD" means Community Development Division (City of Delray Beach)
d. The "Agency" means the Fair Housing Center of the Greater Palm Beaches, Inc.
e. "U.S. HUD means the Secretary of the U.S. Department of Housing and
Urban Development or a person authorized to act on U.S. HUD's behalf.
f. Low and Moderate-Income Persons" means the definition set by U.S. HUD
2. Purpose / Statement of Work:
The purpose of this Agreement is to state the covenants and conditions under which the
Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG
funds.
The Agency shall, in a satisfactory and proper manner as determined by the City, perform
the tasks necessary to conduct the program outlined in this agreement and submit requests for
reimbursement of approved expenses using the cover sheet in Attachment "A', provided hereto and
made a part hereof. Reimbursement requests should accompany all required reports.
The City shall reimburse the Fair Housing Center of the Greater Palm Beaches, Inc. in an
amount not to exceed $1,000 for expenses related to conducting one (1) Community Education
Session and one (1) Housing Industry Provider Education Seminar. The amount to be paid to the
Fair Housing Center of the Greater Palm Beaches, Inc. shall not exceed $500 per session/workshop.
Disbursements will be released only upon the receipt of each required "request for reimbursement",
including all required reports and necessary data (as determined by the City), covering the
session/workshop for which reimbursement is requested. Payments will be made available within
thirty (30) days of receipt of each invoice, following approval.
3. Time of Performance:
The effective date of this agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this particular project. The effective date shall be
the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is
later. The services of the Agency shall commence upon the effective date of this Agreement.
Reimbursement of associated and approved expenses incurred as of June 6, 2000 will be processed.
All service required hereunder shall be completed by the Agency by September 30, 2000.
4. Subcontracts:
Any work or services subcontracted hereunder shall be specifically by written contract, or
written agreement, and shall be subject to each provision of this Agreement. Proper documentation
in accordance with City, State, and Federal guidelines and regulations must be submitted by the
Agency to the City and approved by the City prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of
the work or services covered by this agreement, including but not limited to consultant work or
services, shall be subcontracted or reimbursed without the prior written approval of the Community
Improvement Director or designee.
5. Records and Reports:
Prior to receipt of CDBG funds (through reimbursement), Fair Housing Center of the
Greater Palm Beaches, lnc. shall submit for each seminar/session conducted, the following
documentation:
a.)
b.)
d.)
An agenda displaying the date, time, and location of the session/seminar conducted
(the CD Division must have been notified in advance of the same, as required above on
Page 1, item (b.).
A list of invitees/attendees for each session/seminar;
A request for funds/invoice (using Attachment "A" of this agreement)
Proof that each seminar/session was adequately advertised and marketed to residents
of Delray Beach, in an effort to ensure maximum participation and effectiveness (i.e.
marketing tools used, copy of flyers/invitations/newspaper ads, and a narrative of
other efforts made (activity report).
Other records as may be necessary to determine compliance with this agreement.
Reimbursement payments will not be released without the submission of the required (complete and
accurate) reports to the Community Development Division, and on the resolution of monitoring or
audit findings identified.
The City shall have the right under this agreement to suspend or terminate payments until
the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD
at any time.
The Agency agrees to retain supporting documentation relating to the activities funded
hereunder and related service provision (activities) for a period of three (3) years, dating fi.om
September 30, 2000.
6. Program -Generated Income:
All income earned by the agency from activities financed by CDBG funds must be reported
to the City. In addition to reporting such income, the Agency shall report to the City the procedure
developed to utilize program income to offset project costs. If program income is used to extend the
availability of services provided by the Agency through this Agreement, the prior written approval
of the Community Improvement Director or the CD Coordinator will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circular
A-110 and other applicable regulations incorporated herein by reference.
7. Other Program Requirements (Civil Rights / Resident Opportunities):
The Agency agrees that no person shall on the grounds of race, color, mental or physical
disability, national origin, religion, or sex be excluded fi.om the benefits of, or be subjected to
discrimination under, any activity carried out by the performance of this Agreement. Upon receipt
of evidence of such discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, low-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or oxvned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project.
8. Evaluation and Monitoring:
The Agency agrees that the City will carry out periodic monitoring and evaluation activities
(through in-house and site visitation evaluations) as determined necessary by the Community
Development Division or the City and that the continuation of this Agreement is dependent upon
satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports, and output
measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD
copies of transcriptions o£such records and information as is determined necessary by the City. The
Agency shall submit information and status reports required by the CD Division, the City, or U.S.
HUD on forms approved by the CD Division to enable the Division to evaluate said progress and to
allow for completion of reports required of the City by HUD. The Agency shall allow the CD
Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in
advance or unscheduled as determined by the CD Division or HUD.
9. Audits and Inspections:
At any time during normal business hours and as often as the CD Division, the City, U.S.
HUD, or the Comptroller General of the United States may deem necessary, there shall be made
available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for
examination all its records with respect to all matters covered by this Agreement.
The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this Agreement. The City will require the Agency to submit a single
audit, including any management letter, made in accordance with the general program requirements
of OMB Circulars A- 110, A-122, A- 133, and other applicable regulations within 180 days after the
end of any fiscal year covered by this agreement in which Federal Funds from all sources are
expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing,
subject to the City's approval. In the event the Agency is exempt from having an audit conducted
under A-133, the City reserves the right to require submission of audited financial statements and/or
to conduct a "limited scope audit" of the agency as defined by A-133.
10. Increased Availability:
The intent and purpose of this Agreement is to increase the availability of the Agency's
services to the community. This Agreement is not to substitute for or replace existing or planned
projects or activities of the Agency. The Agency agrees to maintain a level of activities and
expenditures, planned or existing, for projects similar to those being assisted under this Agreement
which is not less than that level existing prior to this Agreement.
11. Conflict Of Interest Provision:
The Agency agrees to abide by and be governed by OMB Circular A-Il0 pursuant to
conflict of interest. The Agency further covenants that no person who presently exercises any
functions or responsibilities in connection with the CDBG Project, has any personal fmancial
interest, direct or indirect, in the activities provided under this agreement which would conflict in
any manner or degree with the performance of this Agreement and that no person having any
conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of
interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division
provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
12. Citizen Participation:
The Agency shall cooperate with the CD Division in the implementation of the Citizen.
Participation Plan by establishing a citizen participation process to keep residents and/or clients
informed of the activities the Agency is undertaking in carrying out the provisions of this
Agreement. Appropriate representatives of the Agency shall attend meetings and assist in the
implementation of the Citizen Participation Plan, as requested by the City.
13. Suspension and Termination:
If through any cause the Agency shall fail to fulfill (or materially comply in accordance with
24CFR 85.43) in a timely and proper manner its obIigations under this Agreement, or if the Agency
shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall
thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving
written notice to the Agency of such termination or suspension of payment and specify the effective
date of termination or suspension.
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party.
Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this
Agreement through and including the date of termination. The Agreement may be terminated for
convenience in accordance with 24CFR 85.44.
In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
14. Leveraging:
The Agency agrees to seek additional supportive or replacement funding from at least two
other funding sources (during the time frame covered by this agreement). This will allow, to the
greatest extent possible, the leveraging of U.S. HLrD funds. Proposals to other agencies will be
made in writing and a copy of such provided to the CD Division.
15. Independent Contractor:
The Agency agrees that, in all matters relating to this Agreement, it will be acting as an
independent contractor and that its employees are not City of Delray Beach employees and are not
subject to the City provisions of the law applicable to City employees relative to employment
compensation and employee benefits.
16. Public Entity Crimes:
By entering into this contract or performing any work in furtherance hereof, the contractor
(sub-recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who
will perform hereunder have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within the 36 months immediately preceding the date
hereof. This notice is required by F.S. 287.133(3)(a).
17. Reversion of Assets:
Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG
funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG
funds. Additionally, where applicable, any real property under the sub-recipient's control that was
acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the
sub-recipient in the form of a loan) in excess of $25,000 must be used to meet one of the national
objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the
Agreement.
18. Counterparts Of This Agreement:
This Agreement contains all of the parties binding representations to one another. Any
amendment or modification hereto must be in writing and is contingent upon approval by the
Community Improvement Director.
WITNESSES:
Agency/Sub-recipient:
Signed By:
Fair Housing Center of the
Greater Palm Beaches, Inc.
Authorized Agency Official
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY OF DELRAY BEACH, FLORll)A
Signed By:
David W. Schmidt, MAYOR
CITY ATTORNEY
Memo
To: David Harden, City Manager
From: Lula Butler, Director, Community Impmvementt(~
Date: 06/01/00
Re: Request for City Commission Approval of a 30-Foot Boat Lift-
Located at 1708 South Ocean Blvd.
ITEM BEFORE COMMISSION:
City Commission approval of modifications to the standards under Section 7.9.11 goveming Boat Lifts
and 7.9.5 (B) goveming Set Backs pursuant to Section 7.9.4 (A) of the Land Development Regulations.
BACKGROUND:
Ray Qualmann Marine Construction Company, acting as the agent for the owners of the property
referenced above, is requesting a variance from the City Commission, to allow for a 10-foot waiver to
the maximum 20 feet limitation that these boat lifts are allowed to extend from the seawall. The owner
will be constructing a 30-foot boat lift located in a basin that has a clear channel of 300 feet of water.
The additional 10 feet is required to allow the boats to be moored safely on the boat lift. The water
depth adjacent to the seawall is approximately two feet; the lift is adjacent to the abutment of the Linton
Bridge and the lot is only 20 feet wide and cannot meet the 10 feet set back requirement.
The agent for the owner has provided a letter putting forth their hardship and the applicant has received
approval from the Department of Environment Protection and Corp of Engineers. The appropriate
documents are attached for your reference.
RECOMMENDATION:
Staff recommends City Commission approval of this appeal pursuant to Section 7.9.4 (a) of the LDR's
standards because this modification will not endanger public safety or welfare and the hardship as
presented.
· Page 1
Date: 05/31100 Agenda Item No. 00/I//
Agenda request to be placed on:
. X Regular Special
When: 06-06~-00
Description of Agenda Item:
WAIVER FOR BOAT LIFT I,~AT~D AT 17~R ~ t~A~ RIXTO.
Workshop __ Consent
Ordinance/Resolution Required:
Recommendation: APPROVAL
DeparUnent Head Signature:
Yes O Draft Attached: Yes / No
Ci_ty Attorney Review/Recommendation (if applicable)
d et ir ct r eview (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
Account Balance:
(if applicable)
~M e eview:
Approved for agenda: ~ / No ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
ESTABUSHED IN 1948
May 15, 2000
RO. BOX 1487 · POMPANO BEACH, FLORIDA 33061
(954) 941-0132 · FAX (954) 943-6430
TO:
CITY OF DELRAY BEACH
BUILDING DEPARTMENT
ATTN:
JERRY SAN~'i.ONE
RE:
1708 S. Ocean Blvd.
Boat Lift Variance, Permit #00-68451
We respectfully request approval for a variance to allow a boat lift to extend
more than the 20' into the waterway to 30 feet and to allow the boat lift to
be inside the minimum 25' side set back for the following reasons:
The project is located in the Del Harbor Bay in the northeast corner with
the property abutting to the south side of the Linton Blvd. Bridge.
The property consists of (5) Five town homes with a 100' long seawall with
each owner having a 20' wide boat slip.
Our clients slip happens to be the furthest northern slip that abuts to the
bridge abutment which does not allow for the required 25' side set back.
The reason for the request to have the lift exten~led approx. 10' further out
would be to allow the boat to be placed on the lift bow first. With the
allowable outward distance this would not be possible and would require the
boat to be backed on the lift which would be next to impossible for it would
require approx. 5' of water at low tide for the props to clear the boat lift
cradle. At the present time there is approx. 2' of water in front of the
seawall at this time.
Upon inquiring from the state and county, we were informed that a dredge
permit would not be issued to obtain the necessary depth to back the boat
onto the lift.
At the present time the boat is pulled into the slip bow first with the boat
projecting out approx. 35'. It should be noted that where the proposed boat
lift is to be installed the width of the bay is in excess of 300' and due to
the bridge abutment piling boat passage in this corner is impossible.
SEAWALLS * DOCKS - PILING - BRIDGES . DREDGING . BARGE & CRANE RENTALS
May 15, 2000
Page 2
RE: Variance
It is our opinion that granting the variance would not infringe on the
adjacent property and would not restrict boat traffic.
If we can be of further assistance, please do not hesitate to call me at your
convenience.
Since y yours,
i e ell 8eavone,
General Manager
Jeb Bush
Governor
Department of °°
Environmental Protection
Southeast District
P,O. Box 15425
West Palm Beach, Florida 33416
David B. Struhs
Secretary
APR 1 9 200
Mr. Marry Jorgenson
1708 South Ocean Boulevard, Apt. 1
Delray Beach, Florida 33483
Re:
File No.: 50-0167894-001
FileName: Jorgenson, Marty
Dear Mr. Jorgenson:
On March 22, 2000, we received your application for an exemption to install a boatlift at an existing docking
structure. The project site is located at 1708 south Ocean Boulevard, in a canal, Class III Waters, Section 28,
Township 46 South, Range 43 East, Delray Beach, Palm Beach County.
Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that
may be necessary for works in wetlands or waters ofthe United States. The kinds of authorization are ( 1 ) regulatory
authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal authorization.
The authority for review and the outcomes of the reviews are listed below. Please read each section carefully. Your
project may not have qualified for all three forms of authorization. If your prnject did not qualify for one or more of
the authorizations, refer to the specific section dealing with that authorization for advice on how to obtain it.
1. Regulatory Review. -GRANTED
The Department has the authority to review your project under Part IV of Chapter 373, Florida Sta~tes (F.5.), Tit[e
62, Florida Administrative Code (F.A.C.), and in accordance with operating agreements executed between the
Department and the water management districts, as referenced in Chapter 62-113, F.A.C.
Based on the informatiOn you submitted, we have determined that your project is exempt from the need to obtain a
DEP Environmental Resource Permit under Rule 40E-4.051(3)(c), F.A.C.
2. Proprietary Review (related to state-owned lands). - NOT REQUIRED
The Department acts as staffto the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees)
and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to
review' your project under Chapters 253 and 258, F.S., Chapters 18-20 and 18-2 I, F.A.C., and Section 6_-34~* ".075,
F.A.C.
Your project will not occur on sovereign submerged land. Therefore, pursuant to Chapter 253.77, F.S.,
authorization from the Board of Trustees is not required.
3. Federal Review (State Programmatic General Permit). - GRANTED
Federal authorization for the proposed project is reviewed by DEP pursuant to an agreement between the
Department and the U.S. Army Corps of Engineers (Corps). The agreement is outlined in a document titled
Coordination Agreement Between the ~S. Army Corps of Engirteers and the Florida Department of Environmental
Protection State Programmatic General Permit, Section 10 o./'the Rivers and Harbor ~1ct of 1899 and Section 404 of
the Clean Water Act.
"More Protection, Less Process"
PHnted on recked paper.
File No.: S0-0157894..001
FileNme: Joriensou, Mmy
Your Project bas been reviewed For compliance with a Since Programmatic General Permit (SPGP). As shown on the
attm:hed drawings, the proposed project is consistent with ~he SPGP program, The s~ached Corps general
conditions apply to your project. No ~rther pertaining for this activity is required by the Corps.
The det~rminatinns in this letter ere based solely on the information provided to the Department and on the smtute~
and rules in effect when the application was submitted. The determinations are effective only for the specl~qc activity
proposed. These determinations shall automatically expire If site conditions matcriaJly change or it' the governing
statu~,s or rules are amended. In addition, any substantial modifications in your plans should be submitted to the
Depm'm~ent for review, es changes may result in a permit being required. In any event, this determination shall
expire ~.dbr one yam.
This icier does no~ relieve ~'ou eom the responsibility of obtaining other p~ermits (federal, state, or local) that may
be required ~r the p, oject.
NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS
This leper 8ckflowledgee that ~he proposed activity is exempt bom ER.P permitting requirements under Rule 401;-
4,051(aXe), F.A,C. This detanninetlon is final and effective on the date filed with the Clerk of the Department
unless a sufficient petJtlon for an administrative hearing is timely filed under sections 120.$69 and t20.$? of'thc.
FlorJdlt S~tutes es provided below. Ifa sufficient petition for an administrative hearing is timeZ)' filed, this
datel~baation automatically becomes only proposed agency action subJect to the result of the administrative review
proclll. Therefore, on the filing ora timely and sufficient petition, this action will not be final and effective until
further order of. the Department. The procedures for petitioning for a hearing are set ~'onh in the a~ached
This determination is based on the information you provided the Department and the statutes and rules in effect
when the application was submitted and is effective only for the specific activity proposed. This determination sh:dl
automatically expire if'site conditions materially change or the governing statutes or rules are amended, tn
any aub~tentlal modifications in your plans should be submitted to the Department for review, as changes may result
in a permit being: rcquked. In any event, this determination shall expire aRer one year,
Bo advised that your nelf, hbor~ and other parties who may be substantially affected by the proposed activit~ allowed
under this determination of' exemption have a rig, hr to request an administrative heating on the Department's
decision that tho proposed activity qualifies for this exemption. Because the administrative hearing process is
designed to redetermifle fL'lei agency action on the application, the filing o~'a petition for an administrative hearin~
may result in a final determination that the proposed activity is not authorized under the exemption established under
Rule 40E.4.051 (aXe), F,A.C.
The 'Depaflmeut will ~ot publish notice of.this determlflatinnl Publication or this notice by you is optional and is not
teqgitad for you to proceed. However, in the event that an administrative hearing is held and the Dcpar~Tnem' s
determination is reversed, proceeding with the proposed activie/before the time period t'or requesting an
administrative hearing has expb'ed would mean that the activity wes conducted without the required permit.
It' ¥'ou wish to Ih'lit the time within which aU substantially affected persons may request an administrative hearing.
section of a newspaper of. general circulation in ~he county where the activity is to take place. A single
will su~'ice,
If you wish to limk the thne within which any specific poi'son(s) may request an administrative hearing, you may
provl6e such person(a), by certified mail. a copy ofthla determination, including Attachment A.
File No.: 50-0167894-001
File Name: Jorgenson, Many
Page 3
For the purposes ofpublication, a newspaper of general circulation means a newspaper meeting the requirements of
sections 50.011 and 50.031 of the Florida Statutes. In the event you do publish this notice, within seven days of
publication, you must provide to the following address proof of publication issued by the newspaper as provided in
section 50.051 of the Florida Statutes. If you provide direct~written notice to any person as noted above, you must
provide to the following address a copy of the direct written notice.
Florida Department of Environmental Protection
Southeast District
Submerged Lands & Environmental Resources Program
P.O. Box 15425
West Palm Beach, FL 33416
If you have any questions, please contact Diane Willoughby at 561/681-6633. When referring to your project,
please use th~ FDEP file name and number listed above.
Timothy Rach
Environmental Manager
Submerged Lands & Environmental
Resources Program
Enclosures
co: USACOE
Ray Qualmann Marine- 2860 NE 16~ Street, Pompano Beach, Florida 33064
Date
t
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~¢q
AGENDA ITEM ~/~ - REGULAR MEETING OF JUNE 6, 2000
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: June 2, 2000
Attached is the Report of Appealable Land Use Items for the period May 15m through June 2, 2000.
It informs the ConUmssion of the various land use actions taken by the designated boards which
may be appealed by the City Comtmssion.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
RefiApagmemo/Appealables/06.06.00
TO:
THRU:
FROM:
SUBJECT:
DAVID~~T~ HARDEN CITY.MANAGER
MIN ALLEN, P~ER
TING OF JUNE 6, 2000 *CONSENT AGENDA*
REPORT OF APPEALABLE ~ND USE ITEMS MAY 15, 2000
THRU JUNE 2, 2000
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of May 15, 2000
through June 2, 2000.
This is the method of informing the City Commission of the land use actions,
taken by designated Boards, which may be appealed by the City Commission.
After this meeting, the appeal period shall expire (unless the 10 day minimum
has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It also
provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of
the Commission as an appealed item.
No appealable items were considered by the Board. The following items which
were considered by the Board will be forwarded to the City Commission for
action.
r~
Recommended approval (6 to 0, Bird absent) of an amendment to the Land
Development Regulations Section 4.4.12, Planned Commercial (PC) zoning
district, implementing provisions of the Lindell Boulevard/Federal Highway
Redevelopment Plan.
City Commission Documentation
Appealable Items Meeting of June 6, 2000
Page 2
Recommended approval (6 to 0), of a conditional use request for Waterway
Village, a proposed multi-family development containing 166 apartment units,
to be located at the southwest corner of Lindell Boulevard and Federal
Highway.
Recommended approval (6 to 0), of a conditional use modification to allow
the demolition of the existing Hess Gasoline Station and Construction of a
new Gasoline Station with a convenience store, located on the east side of
Military Trail, approximately 500 feet north of West Atlantic Avenue.
Tabled on a 6 to 0 vote, a conditional use request to allow the establishment
of a bazaar for the Delray Beach Antique Mall, located at the southwest
corner of North Federal Highway and Lake Avenue (NE 14th Street). The
Board tabled the item in order to allow the applicant to provide a facade
improvement program.
Recommended approval (5 to 1, Hasner dissenting), of a conditional use
request to allow outdoor dining to operate during nighttime hours for Dada
Lounge (former Damiano's Restaurant), located at the southwest corner of
North Swinton Avenue and NW 1st Street.
Recommended approval (6 to 0), of a conditional use request to allow the
establishment of a window tinting operation and the installation and sales of
car stereos and security devices for The Car Place Unlimited, Inc. within
Congress Industrial Square, located at the northeast corner of Congress
Avenue and Marty Fladell Drive.
Recommended approval (6 to 0), of an amendment to the Land Development
Regulations Section 4.4.18(B)(4) adding limousine services as a principal use
within the Service Industry land use category of the Planned Commerce
Center (PCC) zoning district.
Recommended approval (6 to 0), of an amendment to the Land Development
Regulations Appendix "A" (Definitions) modifying definitions related to
dwelling units, hotels, motels and other habitable structures.
Recommended approval (6 to 0), of a combined preliminary/final plat for Lane
Subdivision, containing four single family residential lots, located on the north
and south sides of Hammond Road, east of Andrews Avenue.
A. Approved (4 to 0, Fowler absent, Friess and Shutt arrived late), a request for
a color change for Delray Acura, located at 655 NE 6th Avenue (northbound
Federal Highway).
City Commission Documentation
Appealable Items Meeting of June 6, 2000
Page 3
B. Approved (6 to 0), a Class I site plan modification associated with the
construction of a perimeter fence in conjunction with a soil contamination
remediation system for Majik Market (former Citgo Gasoline Station), located
at 802 North Federal I~ighwaYt~(north side of George Bush Boulevard,
between NE 5th Avenue and NE 6 Avenue).
C. Approved (6 to 0), a request for color change for The Trellis Shop, located at
339 East Atlantic Avenue.
D. Approved (6 to 0), a Class IV site plan modification, landscape plan and
architectural elevation plan associated with the construction of a 10,093
square foot residential dormitory at the Drug Abuse Foundation Campus,
located at the southwest corner of South Swinton Avenue and SW 4th Street.
E. Approved (6 to 0), a Class V site plan, landscape plan and architectural
elevation plan associated with the construction of a 219 multi-family unit and
12,292 square foot of retail use for Worthing Place, located south of East
Atlantic Avenue, between SE 1st Avenue and SE 2nd Avenue.
F. Approved (6 to 0), a Class II site plan modification, landscape plan and
architectural elevation associated with certain site improvements at the
Delray's Lost Drive-In, located on the east side of North Federal Highway,
approximately 500 feet north of Allen Avenue.
1. Approved (7 to 0), a request for a Certificate of Appropriateness for exterior
color change for two single family residences located at 211 and 215 NW 1st
Avenue.
By motion, receive and file this report.
Attachment:
· Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
JUNE 6, 2000
S.P.R.A.B.:
A. DELRAYACURA
B. MAJIK MARKET
C. THE TRELLIS SHOP
D, DRUOABUSEFOUNDATION
E. WORTHINO PLACE
DELRA Y'S LOST DRIVE-IN
H.P.B.:
f. 21f & 215 N.W. IST AVENUE
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
SUBJECT:
AGENDA ITEM ~. 0 - REGULAR MEETING OF JUNE 6. 2000
AWARD OF BIDS AND CONTRACTS
DATE: JUNE 1, 2000
This is before the City Commission to approve the award of the following bids and contracts:
Purchase award in the amount of $51,019 to Portacel Disinfection Systems through the
authorized manufacturer's representative RC Beach & Associates, sole source vendor, for the
purchase of upgraded manufacturer replacement parts for the Water Treatment Plant's
chlorinators, with funding from 442-5178-536-61.76 (Water & Sewer R&R - Equipment
Replacement Program).
Bid award in the total mount of $352,909.09 to Ahrens Enterprises, Inc. d/b/a Ahrens
Companies for construction of the ESD Maintenance Building Expansion ($133,547.00) and
Parks Maintenance Building Expansion ($215,136.00), plus alternate one ($1,846.79) for
painting the ESD maintenance building after completion and alternate two ($2,379.30) for
masonry door enclosure in ESD Administration Building, with funding in the amount of
$215,136 from 3344131-572-62.10 (Parks Maintenance Building) and $137,773.09 from 441-
5161-536-62.10 (W&S Buildings - ESD Maintenance Expansion).
Contract award in the amount of $15,500 to E.C. Stokes Mecharfical Contractor, Inc. for the
City Hall HVAC, Ckillers and Tracer Unit annual maintenance contract, with funding from 001-
1802-512-46.20 (Equipment Maintenance).
Purchase order addition in the amount of $18,500 to Colonna Construction, under existing
contract via Broward County pricing, for miscellaneous asphalt repairs and patching as a result
of utility work within paved areas, with funding from 442-5178-536-31.90 (Water & Sewer R&R
- Other Professional Services).
Recommend approval of the bid and contract awards listed above.
RefiBid.Agmemo.06.06.00
PURCHASING DIVISION
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David T. Harden, City Manager
Jennifer Schillace, Buyer
Joseph S~--~nance Director
May 23, 2000
DOCUMENTATION
CITY COMMISSION MEETING, JUNE 6, 2000
UPGRADE REPLACEMENT OF WATER TREATMENT PLANT
CHLORINATORS AND EQUIPMENT
ITEM BEFORE COMMISSION:
The City Commission is requested to approve the purchase award of upgraded
manufacturer replacement parts of the Water Treatment Plant's Chlorinators for a total
cost of $51,019 from Portacel Disinfection Systems through RC Beach & Associates,
Inc.
BACKGROUND:
The replacement units are to replace the exiting 1972 Wallace & Tiernon Chlorinators
that currently do not meet the present day demand on Chlorine. In addition, the color
removal is not meeting the State guidelines. The Water Treatment Plant advises that
the replacement chlorinators will meet the maximum demand for the future.
Per Don Haley at the Water Treatment Plant, he states that RC Beach & Associates,
Inc. is sole source for this equipment due to the fact that no other manufacturer makes a
4000 lb./day stand alone vacuum chlorinator. Please see the attached sole source letter
from RC Beach indicating that they are the authorized manufacturer's representative of
Portacel Disinfection Equipment.
The Manager of the Water Treatment Plant recommends award to Portacel Disinfection
Systems through the authorized manufacturer's representative, RC Beach & Associates
for a total cost of $51,019 per their quote dated March 6, 2000
RECOMMENDATIONS:
The Purchasing staff and the Manager of the Water Treatment Plant recommends the
purchase award to Portacel Disinfection Systems for a total purchase of $51,019.
Funding will be taken from account number 442-5178-536-6176.
Attachments:
Memo 05/17/2000
Memo 05/22/2000
Quote 03/06/2000 ~
cc: Jacklyn Rooney, Purchasing Supervisor
Don Haley, Manager of Water Treatment Plant
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D U M
TO: Jackie Rooney
FROM: Don Haley ~'
SUBJECT:
Req # 79996 (Chlorinators- see attached)
DATE: 5/17/00
Please process the paperwork for Commission approval.
This is a sole source item due to the fact no other mfg. makes a 4000 lb/day stand alone vacuum
chlorinator.
These units are to replace our existing 1972 Wallace & Tiernan Chlorinators that now do not
meet the present day demand of chlorine. The replacement Chlorinators will met our maximum
demand for the future which is estimated to be 28 M.G.D,
cc: Dan Beatty
attachment
/cr
I~ESSRVOO21ringersenlmemo format[rc beach 051700.doc
City Of Deiray Beach
Departl.ent of Err v~ro.t~tetttal Set'! ices
,?~..NI E M 0 R A
N D U M
TO: Dan Beatty
FROM: Don Haley .._~I~ ,
SUBJECT: Chlorinator Purchases-Justification
DATE:
March 22, 2000
At present time we are operating the Watedreatment Plant with the original 1972 Wallace and
Tiernan Chlorinators that were sized for 500 lbs/day. They were modified in 1982 to meet that
new chlorine demand of 2000 lbs/day. Our present demand for CL2 now exceeds this capacity
and color removal is now not meeting the State Guide Lines.
It is now time to replace these units with new 4000 lbs/day Chlorinators. This change will carry
us through to the maximum build-out of the City and watertreatment demand.
BEACH & ASSOC. INC.
539 SAN CHRISTOPHER DRIVE
PHONE (727) 736-3696
Mr. Don Haley
Water Treatment Plant
200 S.W. 6°' Street
Delray Beach, Florida. 33444
DUNEDIN, FLORIDA 34698 USA
FAX (727) 733-2647
Subject:
Dear Mr. Haley
Please find enclosed the scope of supply from Porlacel for the Gas Chlorination
equipment per our discussions.
Equipment to include:-
3 off, Floor Mounted Gas Chlorinators
3 off, 3" Demountable Ejectors
I off, Automatic Change-Over System
2 off, Vacuum Regulators
2 off, Dual Ton container Hydraulic Scales
I Set of Spare Pans
I Lot o£Manufacturers Services
Total Price, Delivered to Delray Beach, Florida: $51,019.00
If you have any questions, or ill may provide additional information, please do not
hesitate to give me a call.
Yours sincerely
C. A. West
R. C. Beach & Associates, Inc.
Representing Portacel Disin£ection Systems
'05/22 '00 10:04 ~D: Rqx: PaGE 2
['1¢1Y-~2-2~!~ ~ 51 PO~TRCEL 724 4~2.
May 21, 2000
D~ON SYSTEMS
To whom it may concern,
7308
Pl~eae be edvlead thai RC Beach & A~lociatel of Dun~lln, FL le Portaeal Ino.'e aole
authorf~ Manufagtumr'a RepreaentMIve and baa bean under uuntract with Portacel
eince December of 1997. Their area of raaponaibility i~ the 8rata of Florida, primarily in
the munlclpaJ marketplace, and inr..ludes equipment, system*, and component perfli.
RC Beach and A~oclates, Inc. have pemonnel authorized to ~ervlce and maintain
Portacel Equipment throughout the State of Florida. in South Florida, On-agar
EntarpHea~, of Royal Palm Beach, FL have peraonrlel authorized to service and maintain
Porte,el eflulpment in that area In ceardlnatlon with RC Reach & AssociateS. On,agar
En~rprl,,,as has been maintenance cedtfied mince May of 1999.
If you have any questiona ~' commits, plea~ contact RC Beach or this offloe at
800/399-0004 Portacel la dedicated to the Florida manet and fully supporte our clients
with design, ~Nrofit aaml~tenc, e and ,lilt~t ma~xet I~uppert. We warrant aU equipment
against manufacturing defects for 24 monthB Far equipment stadup "'nd guarantee
parts availability for a minimum of 16 years after Inatallatlon.
Re~t ~lrdB,
A.G. Callenj
US Manager
AGENDA iTEM NUMBER: ~'O / ·
Request to be placed on:
XX Consent Agenda
When: June 6, 2000
Description of agenda item:
AGENDA REQUEST
__ Special Agenda
Date: May 23, 2000
__ Workshop Agenda
The City Commission is requested to approve the purchase award of upgraded manufacturer
replacement parts of the Water Treatment Plant's Chlorinators for a total cost of $51,019 from
Portacel Disinfection Systems through RC Beach & Associates, Inc.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
The Manager of the Water Treatment Plant and the Purchasing Division recommend award to
Portacel Disinfection Systems for a total purchase of $51,019. Funding will be taken from account
Department Head Signature:~""~ ~~X~
Determination of Cone stency w~Comprehensive¥~an: ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all it~ms~involving expenditure of funds):
Funding available: Yes
Funding alternatives: (if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: ~e~ ~
Hold Until:
No
Agenda Coordinator Review:
Received:
Action: Approved
Disapproved
P.O. NUMBER:
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To:
From:
Date:
Subject:
David T, Harden
City Manager
Howard Wight u on~
Deputy Director Constr
May 31, 2000
Parks Maintenance Building Expansion (PN 99-32)
ESD Maintenance Building Expansion (00-51)
Agenda Request for Bid Award
Attached is an agenda request for Commission approval of a bid for the ESD Maintenance
Building Expansion and Parks Maintenance Building Expansion that bid on Thursday, May
18, 2000. Ahrens Enterprises, Inc. d/b/a Ahrens Companies submitted the lowest combined
price for the project with a bid of $352,909.09. Eight bids were received and are noted on the
attached bid tab. The basis of award per the bid documents is the lowest total base bid for both
buildings.
The bid price for the ESD Maintenance Building Expansion with contingency allowance is
$133,547.00. The bid price for the Parks Maintenance Building Expansion with contingency
allowance is $2`15,136.00.
The bid also included two alternates. Alternate One is an add for painting the entire ESD
maintenance building after completion of the addition for $t,846.79. Alternate Two is an add for
constructing a masonry door enclosure which is currently an overhead door at Water/Sewer
Network meeting room in the ESD Administration Building for $2,379.30. The overhead door is
not being used and is limiting efficient usage of space in the meeting room.
Staff recommends the award of the bid to the Ahrens Company, Inc. for both building additions
and both alternates. Funding is available from 334-4131-572-62.10 (Parks Maintenance
Building) for $215,131.00; and 441-516'1-536-62.10 (ESD Maintenance Expansion) for
$137,778.09
CC:
Richard Hasko; Director of Environmental Services
Dan Beatty; Deputy Director of Public Utilities
Joe Weldon, Director of Parks and Recreation
Victor Majtenyi; Construction Manager
File 99~32A;00-51A(A)
s\...\00-32\const rct\0600memo
Agenda Item No. ~. ~)',-~ ·
AGENDA REQUEST
Request to be placed on:
Date: May 31, 2000
X
Regular Agenda
Special Agenda
Workshop Agenda
When: June 6, 2000
Description of item (who, what, where, how much): Attached is an agenda request for
Commission approval of a bid for the ESD Maintenance Building Expansion and Parks Maintenance
Building Expansion that bid on Thursday, May 18, 2000. Ahrens Enterprises, Inc. d/b/a Ahrens
Companies submitted the lowest combined price for the project with a bid of $352,909.09.
The bid price for this building with contingency allowance is $133,947.00. The bid price for this building
with contingency allowance is $215,136.00.
The bid also included two alternates. Alternate One is an add for painting the entire ESD
maintenance building after completion of the addition for $'1,846.79. Alternate Two is an add for
constructing a masonry door enclosure which is currently an overhead door at Water/Sewer Network
meeting room in the ESD Administration Building for $2,379.30.
Staff recommends the award of the bid to the Ahrens Company, Inc. for both building additions and both
alternates. Funding is available from 334-4131-572-62.10 (Parks Maintenance Building) for
$215,'13'~00; and 441-5161-536-62.10 (ESD Maintenance Expansion) for $137,778.09
ORDINANCE/RESOLUTION REQU E~: No~
Recommendation: Staff recommends City Commission appre~e a construction contract with Ahrens
Company, Inc in the amount of $357_9D9.09 for the constrUCtion of,.t~E'Parks Maintenance Building and the
ESD Maintenance Expansi°n' ~'-~ .~ ~/ ~
Department head signature: ~-,~ I- ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re, g~ed on all items involving expenditure of funds):
Funding available: E~..~/NO
Funding alternatives (if applicable):
Account No & Descnptlon
· '_'
Account Balance f'/~'hl~,n~-L~/~/~-a/~33.~
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:~...~99032~ag req060600
MEMORANDUM
TO:
David Harden, City Manager
FROM:
THROUGH:
DATE:
Jacklyn Rooney, Purchasing Supervisor
L. Walinski, CGFO, Assistant Finance Di~
Milena
June 01, 2000
SUBJECT:
DOCUMENTATION - CTIY COMMISSION MEETING
JUNE 06, 2000 - BID AWARD - BID #2000-24
HVAC, CHILLERS AND TRACER UNIT AT CITY HALL
ANNUAL MAINTENANCE CONTRACT
Item Before Commission:
City Commission is requested to approve award to E.C. Stokes Mechanical Contractor, Inc. for
the annual maintenance contract for the HVAC, Chillers and Tracer Unit at City Hall for a total
annual cost of $15,500.
Background:
The Public Works Division has a need for an annual service and maintenance contract for the
HVAC, Chillers and Tracer Unit located in City Hall.
Bids were received on October 05, 1999, from two (2) contractors all in accordance with City
purchasing procedures. (Bid #2000-24. Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
The Deputy Director of Public Works and Building Maintenance Superintendent recommend
award to low bidder, E. C. Stokes Mechanical Contractor, Inc., as stated on the attached memo
dated May 24, 2000. E. C. Stokes is our current vendor who has been doing this work for the
past two years.
Recommendation:
Staff recommends the award to low responsive bidder, E. C. Stokes Mechanical Contractor, Inc.
at a total annual cost of $15, 500. Funding from account code 001-1802-512-46.20 (FY 2000 -
$3,875 and FY 2001 - $11,625).
Attachments:
Tabulation of Bids
Memo From Deputy Director Public Works
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Jackie Rooney, Purchasing Supervisor
Hoyt Owens, Deputy Director Public Works
~A~r~' 4,2000 J
BID #2000 - 24
HVAC / CHILLER / TRACER UNITS
ANNUAL SERVICE CONTRACT
Jim Schmitz, Superintendent - Building Maintenance, and I have reviewed the subject
bid response documents. We have experienced communication problems and received
lethargic responses for requests for information on several occasions with E. C. Stokes
Mechanical Contractor, Incorporated during the current contract. However, their recent
communication processes encourage us. Some of these issues may be attributed to
computer program changes via their competitor, Trane Service Corporation, which
supplied the mechanical equipment being covered by this service contract.
It is my recommendation to award this renewable annual contract to E. C. Stokes
Mechanical Contractor, Incorporated, as the lowest and most responsive bidder at
$15,500.00.
If you have any questions, please call.
attachments:
C~
Bob Barcinski w/attachments
Jim Schmitz w/o attachments
a:rooney 052400 bid200024 diskl3
MEMORANDUM
To:
From:
Dete:
Subject:
Hoyt Owens, Deputy Director of Public Works
James Schmitz, Building Maintenanca~endent
May 24, 2000
Bid 2000-24 Recommendation
I have reviewed the attached bids from E.C. Stokes and South Florida Trane
Service.
We have experienced a few problems with Stokes over the past two years.
One particular problem was the auto dialer, ( to page their service technician in
the event of a critical alarm.)
Although it took a long time to enable this function, it may not have been totally
Stokes' fault, since they had to rely on Trane to provide programming to enable
this feature. ( Trane is a competitor of Stokes, which also bids on this contract.)
With few exceptions I have been basically satisfied with E.C. Stokes and would
recommend that we award them this contract again.
RECEIVED
HAY 2 2006
PUBLIC WORKS
HVAC, CHILLERS & TRACER UNIT
ANNUAL SERVICE MAINTENANCE CONTRACT
BID 2000-24
OPEN: MAY 23, 2000 AT 3:00 P.M.
Vendor Year One Total Cost Year Two & Three
Total Cost Per Year
E.C. Stokes Mechanical $15,500.00 $15,500.00
Contractor, Inc.
South Florida Trane Service $24,710.00 $25,695.00
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: June 06, 2000
Date: June 0t, 2000
XX Consent Agenda __ Special Agenda __ Workshop Agenda
When:
Description of agenda item:
Approve award of Bid #2000-24, HVAC, Chillers and Tracer Unit at City Hall, Annual Maintenance
Contract to E.C. Stokes Mechanical Contractor Inc., for a total annual cost of $15,500.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Approve award to Iow responsive bidder, E.C. Stokes Mechanical Contractor, Inc. for the annual
maintenance contract for the HVAC, Chillers and Tracer Unit located at City Hall for a total annual
cost of $15,500. Funding from account code 001-1802-512~46.20 (FY 2000 - $3,875 and FY
2001 - $11,625).
Department Head signature:'-}~L/~).
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes v/' No
Funding alternatives: (if applicable)
Account Number:
Account Description: '~-~
Account Balance:
Approved for agenda:~/~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
City Manager
C. Danvers Beatty, P.~
Deputy Director of Publir_,-Uti 'ht-ies~
May 31, 2000
Asphalt Patching for Utility Repairs
Attached is an agenda request for miscellaneous asphalt patching as a result of utility
repairs within paved areas. We have exhausted the $30,000.00 which was approved at
the February 1, 2000 Commission Meeting and anticipate the need for an additional
$18,500.00 for the remainder of the year. This will be an addition to our existing
purchase order No. 583828 with ColonnaAspt~alt . utilizing unit prices from the
Broward County Contract. Colonna has been very responsive to our request for roadway
patching and have provided a quality job. Funding for this expenditure is available in
R&R Account #442-5178-536-63'90 Other Improvements. (Budget Transfer is
attached)
Please place this item on the June 6, 2000 Agenda for consideration by City
Commission.
CC;
Richard C. Hasko, P.E., Director of Environmental Services
Mike Offie, Manager of Water/Sewer Network
Scott Solomon, Supervisor of Water/Sewer Network
Allison MacGregor Harry, City Clerk
Agenda File
\~ESSRV002\davis\wwdata~Vlemo~sphalt Patching for Utility.doc
CONTRACT
Agreem¢~it made and enlcrcd tale this October 30, 1998, by and Ix~lw~et', Colonna Asphalt Reslorafion, Inc.,
1 I00 Sou0~ pow~rlinc Road Suite 110, Dcefficld Bcaclt. Florida 33442, herein rc£crrcd lo as the
"Conlracl~r" and The City oF Delray Beach, herein referred Io as the "City".
Co~ttr~clor hereby agrees Io transfer mid deliver all labor, maleria! mid cqtfipmcnl for Iha Cily as needed for
any concs~te/asplmlt patchwodc within tile City o[ Delray Beach given to the Coatractor by lite City via
The Chy agree-s to pay for thc work performed by the Contractor wilhin 30 days of the date of thc invoice
which thc City receives from Ibc Contraclor.
The City bas the right Io cxamlne the work performed upon completion of each work order and has (10) days
mq. er thc c~-,y of completion to noli~ tho Contractor of any claim for damages or unacecptablc ,,mdc on accounl
of lhe c, on%Jition, grade or quality of work. That said notice, must specifically set forth thc basis of his claim,
mid that his failure lb either notice the Contractor within lhe stipulated period of time or lo scl £oHh sped. fi-
cally the basis of' his claim will conslilutc irreve.;ab!e oceeptance o£ thc work_
This contract shall "pig. g;y back" thc contract lhat lhe Contractor already has in place with Broward C,c~nty
and is good for a period o[ (1) year from tho date of dfis contracL Tho priCeS otc as follows:
913670200010
ROAD CONSTRUCTION.
SIDEWALK RBMOVAL/KEPLACEMENT
RP2vlOVE & REPbACI~ SLDEWAI.,K, I TO 15
SY.
SY 108.00
913670200020
ROAD CONSTRUCTION.
SIDEWALK REMOVAL/REPLACE, MENT
RI~VtOVE & BEP1,ACYE SIDEWALK, 16 TO
30 SY.
SY 40.05
9136702(~3030
ROA.D CONSTRU~ION
SIDEWALK REMOVJLL/gEPL A CEMENT
REMOVE & REPLACI~ SIDEWALK, 31 TO
50 SY.
SY 37.$0
913670200040
ROAD CONSTRUCTION
SIDEWALK RBMOVAL/KEELACEM ENT
KE~MOVE .~ P,.E, PI ,ACE SIDEWALK, 51 TO
70 SY.
S¥ 35,55
913670200050
913620010001
913620010002
9136200 [ 0903
9136200]0004
9136200101050
913620010052
91362OO10'053
91362001~051
91362001OO54
913620010655
913620O1606O
913620010106I
9136200161062
9136200 0~)~70
913620010~71
ROAD CONSTRUCTION
SIDEWALK REMOVAL/REPLACEMENT
REMOVE & REPLACE SIDBWALK, 71 TO
100 SY. SY
TEMPORARY' PATCH USING COLD
ASPHALTIC M1X~ 1" DJ~Sq'iq_ SY
TEMPOK/~KY p^'rCR USING COLD
ASPHALTIC MIX, 1.5" DEPTH. SY
TEMPOP,,ARY PATCIt USING COLD
ASPHALTIC MIX, 2" DEPTH. SY
PdvlERGENcY CALL OUT MOBLLIZATiON
UNDER 72 HOURS. EA
1" COMPACFED ASPHALT "TYPE SY' SY
1.5" COMPACI'BD ASPHALT ''TYPE S3" SY
2" COMPACTED ASPIIALT "TYPE SY' SY
1" COMPACYED ASPHALT "TYPE SI" SY
1,5" COMPACTED ASPHALT "TYPE S 1" SY
2" COMPACTED ASPHALT ''TYPE SI" SY
PRIME GOAl', EMULSIFIED ASPHALT AEP 8¥
TACK COAT, EMULSIFIED ASPHALT AEP SY
GRADE & COMPACI' ExIErlNG LIME ROCK
BASE IN pREPARATION FOR PATCHING SY
DELIVER CLEAN BACK F]LL& COMPACT CY
DELIVER, GRADE, COMPACt" LIME
ROCK BASE 8" DEPTH SY
PRICE
32.85
27.00
29.25
33.30
275.00
12.60
13.50
14.85
13.50
14.25
15.75
.25
_75
4.50
15.00
12.60
ITEI~I~/ DF~CR IPTION UNIT. VNIT
--
91362001~072 D.I~LIVEP., GRAD. E, COMPAC~F LIME
ROCK BASE 10" DEPTH Sy 13.50
91362001D073 DI~LIVER, GRADE, COMPACT LIME
ROCK BASE 12" DEPTH S¥ 16.20
91362001 ~3074 DELIVER, GRj~DE, COM PAc,..'T LI ME.
ROCK BASE 20" DEPTH SY 22.50
This ~%g, re4men! has bccn caccutcd in duplicate, wllcrcby both thc Cily mid tl~¢ Col~lraclor will be provldcd
with copi¢$ once this docume~lt has been fully cxecuted.
This agrc~mcnt is hereby acccpted by:
~._~lonna 3eS~)]ka)J.~9_r~. !nc.
C~ntr actor'
The City of Delra¥ Beach
City
Title
AGENDA REQUEST
No.
Request to be placed on:
X Regular Agenda
Special Agenda
__ Workshop Agenda
Agenda Item
Date: May 31, 2000
When: June 6, 2000
Description of item (who, what, where, how much): Staff requests Commission Approval of a purchase
order addition to Colonna Asphalt Restoration, Inc. for miscellaneous asphalt repairs and patching as a
result of utility work within paved areas. Unit prices are based on an existing Broward County Contract
with Colonna Asphalt Restoration, Inc. Total purchase order addition amount will be $18,500.00 with
funding from R&R Account #442-5178-536- 63.90 -Other Improvements.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of a purchase order addition to Colonna Asphalt
Restoration, Inc.
Department head siguature: (_..~ ~ j _~ C~ ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives .(if applicable)
AccountNo. & Description 442-5~.78-536-63.90 Other Improvements
Account Balance See attached budget transfer for $18,501).
City Manager Review:
Approved for agenda:/~/NO
Hold Until:
AgendaCoordinatorReview:
Received:
Placed on Agenda:
Ac~on:
Approved/Disapproved
\~ssrv002\davis~Forms~AgendaRcq - Asphalt Patching.doe
I'IT¥ OF DELRi:W BEI:IrH
CiTY ATTORNEY'S OFFICE
1993 TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
June 1, 2000
David T. Harden, City, Manager
Brian Shutt, Assistant City Attorney
SUBJECT:
Pineapple Grove Way Special Assessment District-
Resolution of Necessity Pro. ject No. 99-039
The attached resolution, if approved, will authorize City staff to prepare the assessment
roll, mail notices, and advertise a public hearing for the Pineapple Grove Way Special
Assessment District. The total projected cost of the street beautification is
$2,049,850.00. The property owners will contribute one third of the total cost, which is
$683,283.33 through the special assessment process. The City and the CRA shall each
contribute one third of the cost.
The proposed improvements for the area of Pineapple Grove Way from the first alley
north of Atlantic Avenue to N.E. 4th Street include, paver brick sidewalks, paver brick
intersections, traffic calming measures, relocating some overhead utilities underground,
and adding landscaping, irrigation and street lights.
The property owners abutting the improvements along Pineapple Grove Way and the
intersecting streets shall be specially assessed on a foot frontage basis, that is, the
property owner will be assessed on the number of lineal feet their property abuts the
improved area of Pineapple Grove Way and the intersecting streets.
The property owners may pay the assessment in one lump sum or they may make
payments over a period of time. The City has usually allowed the property owners to
pay the special assessment over a 10 year period at 8% interest. Pineapple Grove has
requested that the City allow the property owners 20 years in which to pay the
assessment. They have made this request because the properties are being assessed on a
lineal foot basis and that there are some rather large properties in the proposed special
assessment district. In response to this request I have left the number of years allowed to
pay back the special assessment blank on the resolution so that the City Commission may
determine this amount.
The City Commission must approve the resolution of necessity in order for City staff to
prepare the assessment roll. The City will publish the resolution for two consecutive
weeks after adoption by the Commission.
If you have any questions concerning this matter, please call.
Attachment
CC:
Alison Harty, City Clerk
Randal Krejcarek, City Engineer
Lou Waldman, Pineapple Grove Main Street
RESOLUTION NO. 47-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DRI.RAY BEACH, FLORIDA, DECI21RING THE NECESSITY FOR
PUBLIC IMPROVEMENTS FOR THAT SEGMENT OF PINEAPPLE
GROVE WAY FROM THE FIRST .AI.I.EY INTERSECTION JUST
NORTH OF ATLANTIC AVENUE TO N.E. 4TM STREET, AS SHOWN
ON EXHIBIT "A', AND DIRECTING THE ESTABLISHMENT OF A
SPECIAL ASSESSMENT DISTRICT TO DEFRAY A PART OF THE
EXPENSE FOR PUBLIC IMPROVEMENTS TO THAT SEGMENT OF
PINEAPPLE GROVE WAY DESCRIBED HEREIN; PROVIDING FOR
THE ESTIMATED COST OF THE IMPROVEMENTS; PROVIDING
FOR THE PREPARATION OF THE ASSESSMENT ROLL.
WHEREAS, the City Commission of the City of Delray Beach is authorized to impose
special assessments pursuant to Article 8.4 of the City of Delray Beach Land Development Regulations and
Chapter 170 of the Florida Statutes; and
WHEREAS, the proposed improvements include the beautification of that segment of
Pineapple Grove Way (aka N.E. 2"a Avenue) from the first alley intersection just north of Atlantic Avenue
to N.E. 4~ Street by narrowing the street, installing paver brick in the sidewalks, raising and insrMling paver
brick in the intersections, installivtg traffic calming measures, removing some overhead utilities and placing
them underground, and adding landscaping, irrigation and street lights; and
WHEREAS, the special assessment district will begin at the intersection of the first alley just
north of Atlantic Avenue and Pineapple Grove Way and proceed north on Pineapple Grove Way (aka N.E.
2"d Avenue) to N.E. 4~h Street, more parfic-hdy shown on Exhibit "A"; attached hereto and incorporated
herein; and
WHEREAS, the total cost of the improvements is estimated to be $2,049,850.00; and
WHEREAS, this total cost shall be split, eqnally, between the City, the Community
Redevelopment Agency (CRA) and the abuthng property owners; and
WHEREAS, the property owners abutting Pineapple Grove Way and the streets intersecting
with Pineapple Grove Way within the special assessment district shall be assessed based on front footage;
and
WHEREAS, the total cost that will be borne by the abutting property owners shall be
$683,283.33; and
WHEREAS, the City Commission directs City staff to place on file in the City Clerk's Office
specifications and cost estimates for the improvements; and
WHEREAS, the abutting property owners may pay the special assessment in one lump sum
no later than sixty (60) days following final consideration of the special assessment after construction is
completed, or the pr~)perty owners may pay the assessment in twenty (20) annual installments at an interest
rate of eight percent (8O/o); and
WHEREAS, the lands upon which the special assessment shall be levied are abutting upon
the street improvements and specifically benefited thereby by increased property values and further
designated by the properties shown on Exhibit "A" with legal descriptions attached hereto as Exhibit "13";
and
WHEREAS, the City Manager shall prepare and present to the Commission an assessment
roll showing the lots and lands to be assessed and the amount of the assessment as to each; and
WHEREAS, the City Commission finds that there is a need for the improvement of the
above described segment of Pineapple Grove Way (aka N.E. 2nd Avenue).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Comrmssion hereby declares a need for the public improvements
within the special assessment district in conformance with the above recitals and for the imposition of a
special assessment in conformance with this resolution.
Section 2. That this resolution shall take effect immediately upon passage.
PASSED AND ADOPTED in regular session on this the 6e~ day of June, 2000.
MAYOR
ATrEST:
' City
- 2 Res. No. 47-00
OD LANE
LLJ N.E. 5TH CT.
'~, ~ z z
LAKE iDA ROAD N.E.~; ST.
ATLANTIC
~ ~ CI~ of DELRAY BEACH PINEAPPLE ~OVE WAY
~~A~y~~ 99-039 1 of 1
[lTV OF DELRFI¥ BEFI[H
CITY ATTORHEY'S OFFICE
DELBAY BEACH
t993
DATE:
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
June 1, 2000
David Harden, City Mana er
Brian Shutt, Assistant City Attorney
SUBJECT:
Resolution 48-00 - Setting Public Hearing for Consideration of Pineapple
Grove Way Special Assessment District Proiect No. 99-039
The attached resolution, if approved, will set the date for the public hearing regarding
the establishment of the Pineapple Grove Way Special Assessment District. The City
Clerk will be mailing notices to the individual property owners of the hearing and the
assessment amount.
If Resolution No. 47-00, (Resolution of Necessity), is not approved by the City
Commission, then there would be no need to take any action on this resolution.
If you have any questions, please call.
Attachment
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
Lou Waldman, Pineapple Grove Main Street
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ REGULAR MEETING OF JUNE 6, 2000
REQUEST TO RELOCATE THE HISTORIC GREEN MARKET TO THE
TENNIS CENTER PARKING LOT
DATE: JUNE 2, 2000
A request has been received from the Community Redevelopment Agency to relocate the
Historic Green Market from NW 1st Avenue to the east end of the Tennis Center parking lot
and the grassy area east of the paved parking area for the 2000-2001 season.
This relocation, however, would not preclude the need to move the market to another location
when there is a major event at the Tennis Center.
The decision on this request depends on what is more important to the Commission. The
Community Redevelopment Agency believes that the increased Atlantic exposure provided
by the requested location is essential to ensure the future of the Green Market. To not
approve the request may jeopardize the future of the Green Market unless another Atlantic
Avenue location could be arranged. On the other hand, approving the request will, I believe,
adversely affect the Tennis Center by taking up Tennis Center parking and increasing the
noise level adjacent to four of our prime clay courts on Saturday morning when many
working people like to play. Commission discretion.
[IT¥ I)F DELRR¥ BERgH
DELRAY BEACH
NI-AmericaCity
199~ TO:
FROM:
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 - 561/243-7000
MEMORANDUM
David T. Harden, City Manager
~[Robert A. Barcinski, Assistant City Manager
SUBJECT:
Agenda Item # City Commission Meeting June 6, 2000
Relocation Request - Historic Green Market
DATE: June 1, 2000
ACTION
City Commission is requested to consider a request from the Historic Green Market to relocate
from NW 1st Avenue to the east end of the Tennis Center parking lot and the grassy area east of
the paved parking area for the 2000/01 season.
BACKGROUND
Attached is a letter from Chris Brown and Lori Moore requesting approval to relocate the
Historic Green Market from it's original permanent location on NWIst Avenue to the east end of
the Tennis Center parking lot and grassy area cart of the paved area (map attached). The reason
for this request is to have greater visibility on Atlantic Avenue with the hope of making the
market more successful. The Green Market would reimburse the City for water and electric use
and will provide all manpower needed for clean up, set up, and break down.
This relocation, however, would not preclude the need to move the market to another location
when there is a major event at the Tennis Center. I have attached copies of the ordinance and
LDR's regulating seasonal farmer's markets. Concerns have been expressed this last year about
the mix of vendors and that the green market was becoming a flea market. The Green Market
business plan specifies that not more than 10% of the vendors be allowed to sell items other than
produce, flowers, plants, baked goods or cheeses.
RECOMMENDATION
Staff recommends consideration of the request to relocate the Green Market to the east end of
Tennis Center parking lot contingent on compliance with the 10% provision for additional items,
the submittal of a liability insurance certificate naming the City as additional insured, and
submittal of a hold harmless agreement.
RAB:tas
File:u:swecney/agenda
Doc:greenmarket 060600
THE EFFORT ALWAYS MATTERS
May 4, 2000
Mr. Robert Barcinski
Assistant City Manager
City of Delray Beach
100 NW 1" Avenue
Delray Beach, FL 33444
DE LRAY BEACH
RECEIVED
HAY 0 9 2000
A~SSlSTANT
CITy MANAGER
RE: Historic Delray Green Market
Dear Bob:
Thank you for meeting with the Historic Dclray Green Market staff several weeks ago along with Bmhm
Dubin. A~ you may recall, we discussed the request from the CRA to relocate the Green Market next season,
commencing in October, 2000 and ending in Apr/l, 2001.
We would, if approved by City Commission, occupy the eastern end of the Tennis Center parking lot on
Saturdays from 6:00 a.m. to 3:00 p.m. The market operates from 8:00 a.m. to 1:00 p.m. We will compensate
the City for the use of water and electricity, and we will be responsible for clean up after every market, h~
addition to the parking lot, we would like to use the shaded tree area next to the parking lot for story telling
and plant sales.
As we discussed, the reason for our request is to have greater visibility on West Atlantic Avenue. With
greater visibility, we feel that the market will be more successful. We cannot run the market successfully
on NW 1~ Avenue, and this lot would be open to the public including market visitors, tennis patrons, and
Community Center patrons.
We rcspec~ly ask that you present our request to
alsist~ ~/t~is matter' City Commission for approval. Thank you for your
Christopher J. Brown Lori Moore
Executive Director Green Market Manager
/d
enclosure: map
cc: CRA Board of Commissioners
24 North Swinton Avenue · Delray Beach, Florida 33444
" 561-276-8640 , Fax 561-276-8558
Z
MAIN
ENTRY
L5
FOR :OOD TENT
MAIN
TE.'r CLAY
COURT
L ,J CL A"(- -
COURT
OR COMPACTOR
CLAY
COURT
r
CLAY
COURT
4
ORDINANCE NO. 45-96
AN ORDINANCE OF TBE CITY (XI~4ISSI(~ OF THE CITY OF Dm.RAY
BEACH, FLORIDA, AMEA~ING SECI'IO~ 2.4.6, "PROC~DURES FOR
OBTAINING PERMITS ASD APPROVALS", SUBSEc"I'±ON 2.4.6(H),
"TEMPORARY USE PEBMIT", OF T~E LA~D DEVELOPMENT
REGULATIC~S OF ~ CITY OF DELRAY BEACH, BY ADDING
'SEASONAL FARMER'S MARKET' AS AN ~LE TEMPORARY USE,
AND PROVIDING FOR C-Ei~AIN RESTRICTIC~S; PROVIDING A
GENERAL REPF~L~R CLAUSE, A SAVING CLAUSE, AI~ AN
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the subject matter at its meeting of September 16, 1996, and
voted unanimously to forward the change with a rec~endation of approval;
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning
~ Zoning Board, sitting as the Local Planning Agency, has determined that
the change is consistent with and furthers the objectives and policies of the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY C~MMISSI(XN OF THE CITY
OF DR~.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. ~nat Chapter Two, "Administrative Provisions", Article
2.4, "General Procedures", Section 2.4.6, "Procedures for Obtaining Permits
and Approvals", Subsection 2.4.6(H), "Temporary Use Permit", of the Land
Develolauent 9~gulations of the City of Delray Peach, Florida, be, and the
same is hereby amended to read as follows:
(H) Temporary Use Permit: A temporary use permit shall be
rec~ired for any of the uses listed below. The granting authority of each
use is as shown.
1. Circuses or Carnivals -- City Cemmissio~
2. Uses under a Tent -- City C~u,.~ssion
3. Sales Offices and Models at a residential development
site -- Chief Building Official
4. Construction trailers and cc~pounds -- Chief Building
Official
5. City Operated Facilities -- City C~m~.~ssio~
6_~. Seasonal Farmer's Market -- City Cc~missio~
(1) Rule: No temporary use shall be allowed except as
provided in this subsection (H) or as otherwise provided for in these
regulations.
(2) Required Information: A request for a temporary use
shall be made via letter to the granting authority. The letter shall contain
the following information, as applicable to the use being requested.
(a) Name of petitioner
(b) Name of property owner and consent therefrom
(c) Location of site
(d) Purpose, activity to be conducted
(e) Period of use
(f) Proof of ability to connect temporary electric
services (see Article 7.2)
(g) Proof of ability to provide toilet facilities for
both men and wc~en on the premises, subject to
approval of the County Health Depa~'t~ent
(h) How foodstuffs are to be handled
In -BaStion, for circuses and carnivals, the following is rec~H~ed:
(i) The nature of the advertising or prc~ot/on activity
to be coD~ucted for the circus or carnival
(j)
Proof of whether or not the applicant, or the
individual identified as having the management
authority or supervision of the circus or carnival,
has been convicted of any crime or misdemeanor and,
if so, the nature of each offense and the penalty
assessed for each offense
(k) If specifically required, copies of all printed
advertising proposed to be used in prcmoting the use
(1)
If specifically required, credentials fr~ the
person, if any, for which the applicant proposes to
do business, authorizing the applicant to act as
such representative
(3) P~gulations and P~strictions:
(a) Uses under a Tent:
1_~. fSI The use of a tent, or tents, shall only be as
follows:
The sale of seasonal items which, when
protected from the sun, provides for a less
hazardous product for public use (i. e.
Christmas tree sales);
- 2 - Ord. No. 45-96
Assembly occupancies to protect the public from
the elements;
The use of tents for retail sales or other
commercial use is prohibited, except as
otherwise ~zmitted in this section.
2_~. f~] The tent and site shall cc~ply with the
following:
a~. The tent shall be approved by the Fire Marshal
for fire resistance.
Adequate fire protection equil~ent, in a type
and capacity as approved by the Fire Marshal,
shall be provided on the premises at all times.
Payment of a permit fee [2.4.3(K)] add a
deposit of $50 which shall be returned upon
determination by the Chief Building Official
that all debris resulting frc~ the use has been
removed frc~ the site.
Obtaining of permits for electrical and health
add sanitation facilities, as applicable.
(b) Circuses anflCarnivals:
An investigation of the applicent' s business
reputation shall be conducted by the City and
the request shall not be approved if such
investigation discloses tangible evidence that
the conduct of the circus or carnival would
pose a substantial threat to the public health,
safety, morals, or general w~lfare.
Permits for electrical and health and
sanitation facilities, as applicable, shall be
(c) Seasonal Farmer's Market:
A farmer's market may be ~rmitted within that
portion of the City's Transportation
Concurrency Exception Area that is west of the
Intracoastal Waterway, for the purposes of
downtown revitalization, subject to the
following restrictions:
3 Ord. No. 45-96
The market must be sponsored by the
Community Redevelo~ent Agency, the
Downtown Joint Venture, or other agency
which is formulated for the purposes of
economic develo~ent as approved by the
City C~ission.
b__u. Operation of the market is to be limited
to the .growing season (generally, November
through May), but not more than one day
~er w~ek, unless specifically authorized
by the City Commission. The Cc~mission
shall establish the specific days and
hours of operation~ as w~ll as the
duration of the temporary use permit.
c. Products to be sold shall consist of
agricultural produce, plants au~ flowers;
baked goods; and cheeses. The Cc~mission
may also at its discretion approve the
limited sale of related products such as
handmade crafts, prepared foods, and
promotional items bearing the name of the
City and the market. The sale of such
additional items, if approved, shall be
limited to a specific number or percentage
of the total vendors.
do
The Ccmmission may approve the design
elements of the market (i.e. site layout,
types of tents/booths to be erected,
etc.), or may defer such elements to the
Site Plan Review and Appearance Board
(SPRAB) or the Historic Preservation Board
(HPB) as appropriate. All elements must
comply with applicable health, safety and
fire codes.
e_~. Permits for electrical ar~ health and
sanitation facilities t as applicable ~
shall be obtained.
(4) Procedures: Upon receipt of all required information,
the granting authority shall take the request under consideration and upon
assurance that all applicable regulations and re~,~ ~ements will be met, the
authority shall issue a temporary use permit for a period of time as
specified in the permit.
- 4 - Ord. No. 45-96
Section 2. That all ordinances or parts of ord/nances in conflict
herewith be, and the same are hereby repealed.
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 c~petent 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 this ordinance shall beccme effective imm~cliately
upon passage on second ar~ final reading.
PASSED A~D ADOPi'~u in regular
on this the 15th day of October
A', u '~ST:
Cit~ ciarW --
session on second aD~ final
, 1996.
reading
First Reading October 1, 1996
Second Reading October 15, 1996
- 5 - Ord. No. 45-96
SECTION 2.4.6 (H) (3) (a) 2.
2. The tent and site shall comply with the following: [Amd. Ord. 45-
96 10115196]
/
a. The tent shall be approved by the Fire Ma~hall for fire
resistance. [Amd. Ord. 45-96 10115196] /
/
/
b. Adequate fire protection equipment, in a
approved by the Fire Marshall, sha
premises at all times. [Amd. Ord.
3e and capacity as
provided on the
10/15/96]
Payment of a permit fee [2.4.3~
shall be returned upon detel
Official that all debris resulti~
from the site. [Amd. Ord.
and a deposit of $50 which
by the Chief Building
use has been removed
10/15/96]
d. Obtaining of permits electrical and health and sanitation
facilities, as applical [Amd. Ord. 45-96 10115196]
(b)
An investi(
cond
investigati(
circus
heal1
101'
the applicant's business reputation shall be
and the request shall not be approved if such
discloses tangible evidence that the conduct of the
would pose a substantial threat to the public
morals, or general welfare. [Amd. Ord. 45-96
2. for electrical and health and sanitation facilities, as
applicable, shall be obtained. [Amd. Ord. 45-96 10/15/96]
(c) Seasonal Farmer's Market' [Amd. Ord. 45-96 10/15196]
A farmer's market may be permitted within that portion of the City's
Transportation Concurrency Exception Area that is west of the
Intracoastal Waterway, for the purposes of downtown revitalization,
subject to the following restrictions: [Amd, Oral, 45-96 10115/96]
The market must be sponsored by the Community
Redevelopment Agency, the Downtown Joint Venture, or
other agency which is formulated for the purposes of
economic development as approved by the City
Commission. [Amd. Ord. 45-96 10115196]
2462
SECTION 2.4.6 (H) (3) (c) 1. b.
b. Operation of the market is to be limited to the growing season
(generally, November through May), but not more than one day
per week, unless specifically authorized by the City
Commission. The Commission shall establish the specific days
andhours of operation, as well as the duration of the temporary
· use permit. [Amd. Ord. 45-96 10115/96]
Products to be sold shall consist of agricultural produce,
plants and flowers; baked goods; and cheeses. The
Commission may also at its discretion approve the limited
sale of related products such as handmade crafts, prepared
foods, and promotional items bearing the name of the City
and the market. The sale of such additional items, if
approved, shall be limited to a specific number or
percentage of the total vendors. [Amd. Ord. 45-96
10/15/96]
The Commission may approve the design elements of the
market (i.e. site layout, types of tents/booths to be erected,
etc.), or may defer such elements to the Site Plan Review
and Appearance Board (SPRAB) or the Historic
Preservation Board (HPB) as appropriate. All elements
must comply with applicable health, safety and fire codes.
[Amd. Ord. 45-96 10/15/96]
Permits for electrical and health and sanitation facilities, as
applicable, shall be obtained. [Amd. Ord. 45-96 10115/96]
(d~Tem~)orary Parkino Lot~: [Amd. Ord. 13-98 3/17/98]
~parking .lot may be permitted within the following
~.rea~: [Amd. ~/17/98]
** the portion of the Ce'~tr.~l Business District (CBD) and
Community Facilities (CF) Dis"t~which is bounded by Swinton
Avenue on the west, the Intracoas~aLWaterway on the east,
[Amd. Ord. 13-98 3/17198]
** the portion of the CBD and CBD-RC District which is bo~u ..ed
by N.E. 2nd Avenue on the west, the FEC Railway on the eas~,-~.
N.E. 2nd Street on the south, and N.E. 4th Street on the north;
[Amd. Ord. 13-98 3117/98]
2463
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN
CITY MANAGER
DIANE DOMINGUEZ, DIRECTOR ~-'~ ~ ~ ~ ,~ A ~
DEPARTME.T O.
MEETING OF JUNE 6, 2000
CONDITIONAL USE REQUEST TO ESTABLISH AN OUTDOOR DININR
AREA WHICH OPERATES AT NIGHT FOR DADA LOUNGE, LOCATED AT
THE SOUTHWEST CORNER OF N. SWINTON AVENUE AND NW '1=~ STREET
(FORMERLY DAMIANO'S RESTAURANT).
A Conditional Use request is sought to allow outdoor dining at night associated with the
establishment of a new restaurant, Dada Lounge. The development proposal is to construct a
666 sq.ft. Chicago paver brick outdoor dining area on the east side of the existing restaurant.
Additional background and an analysis of the request are found in the attached Planning and
Zoning Board Staff Report.
At its meeting of May 22, 2000, the Planning and Zoning Board held a public hearing in
conjunction with review of the request. The owner of the single-family residence to the south
indicated, prior to the Planning and Zoning Board meeting, that she had no opposition to the
outdoor dining area. After reviewing the staff report and discussing the proposal, the Board
voted 5-1 (Bird absent and Hasner dissented due to concerns with the late hours of operation
and the noise which may be generated by the outdoor dining area) to recommend approval of
the Conditional Use request to establish an outdoor dining area which operates at night for
Dada Lounge, based upon positive findings with respect to Chapter 3 (Performance Standards)
and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the
Comprehensive Plan subject to the following revised conditions of approval:
1. That a site plan be submitted that is in general conformance with the sketch plan and
addresses the concerns noted herein;
2. That a Unity-of-Title or off-site parking agreement be provided for the 4 parking spaces to be
purchased from the CRA; and,
3. That there be no amplified music outdoors.
By motion, approve the Conditional Use request to establish an outdoor dining area which
operates at night for Dada Lounge, based upon positive findings with respect to Chapter 3
(Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the
policies of the Comprehensive Plan subject to the conditions recommended by the Planning and
Zoning Board.
Attachments:
Site Plan
P&Z Staff Report and Documentation of May 22, 2000
PLANNING AND ZONING BOARD
CiTY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
May 22, 2000
IV.E.
Conditional Use Request to Allow the Outdoor Dining to Operate During Night-Time
Hours for Dada Lounge, Located at the Southwest Corner of Swinton Avenue and
NW. 1st Street
ATLANTIC
AVENUE
GENERAL DATA:
Future Land Use Map .....
Current Zoning ................
Adjacent Zoning....North:
East:
South:
West:
Existing Land Use ...........
Proposed Land Use ........
Owner .............................. Michael Weiner, Trustee
Applicant .......................... DADA of Delray, Inc.
Agent ............................... Kilday & Associates
Location .......................... Southwest corner of Swinton Avenue and N.W. 1st Street
Property Size .................. 0.24 Acre
Qther Mixed Use
OSSHAD (Old School Square Historic Arts District)
OSSHAD
OSSHAD
OSSHAD
OSSHAD
Vacant Restaurant
Conditional Use Request to allow outdoor dining to operate during
night-time hours, and installation of a 666 sq. ft., Chicago brick dining
area.
Water Service .................Existing on Site.
Sewer Service .................Existing on Site.
IV.E.
The action before the Board is making a recommendation to the City Commission on a
Conditional Use request to establish an "outdoor di'm~g area which operates at night' for
Dada Lounge, pursuant to LDR Section 2.4.5(E).
The subject property is located at the southwest corner of N. Swinton Avenue and NW
1st Street.
The subject property consists of Lot 7, Block 60, Town of Linton and contains a total of
.23 acres. The property is zoned OSSHAD (Old School Square Historic Arts District).
The development history dates back to 1924 when the first floor of the existing structure
was constructed as a single family home. The partial second floor was constructed in
1939. In 1988, improvements were made to the building, which included repairs and
maintenance i.e. re-roofing, painting and replacing windows and doors. Site
improvements were also made, including the installation of a pea rock parking area at
the rear of the site, a perimeter picket fence and landscaping.
In March of 1990 the City Commission approved a conditional use to establish the
Tarrimore Bed and Breakfast Inn. The bed and breakfast inn and associated
improvements were never established, and the conditional use approval and attendant
site plan expired. The structure was occupied as a single family residence until January
1991.
On October 2 1992, the HPB (Historic Preservation Board) granted site plan approval
for conversion of the Tarrimore House to a 40-seat restaurant, known as Damiano's at
the Tarrimore House. The site plan approval included provision of a 6-space parking
area, a 10-space off-site parking area, a valet parking drop-off area, installation of
associated landscaping and exterior design elements including: handicapped ramp,
refuse enclosure, and demolition of porte-cochere walls. Damiano's at the Tarrimore
House occupied the building until mid-1999, and the building has been vacant since.
The request now before the board is to allow outdoor dining at night associated with the
establishment of a new restaurant, Dada Lounge.
The development proposal includes the following:
· Installation of a 666 square foot Chicago brick outdoor dining area on the east side
of the existing restaurant.
Planning and Zoning Board Staff Report
Conditional Use Approval - Dada Lounge
Page 2
The restaurant, including the outdoor dining, will be open daily for lunch, and will be
open until 2:00 a.m. each evening. There is an existing front porch area on the east
side of the building which is separate from the outdoor dining area and will be utilized as
a waiting area.
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 following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation).
The subject property has a Future Land Use Map designation of OMU (Other Mixed
Use) and a zoning designation of OSSHAD (Old School Square Historic Arts District).
The OSSHAD zoning district is consistent with the OMU Future Land Use Map
designation. Pursuant to LDR Section 4.4.24(D)(3), within the OSSHAD zoning district,
outdoor dining which operates at night or which is the principal use or purpose of the
associated restaurant, is allowed as a conditional use. Thus, it is appropriate to make a
positive finding with respect to the Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
With the site plan approval in 1992, to establish a restaurant, positive findings were
made with respect to concurrency. The applicable concurrency items as they pertain to
the proposed 666 sq. ft. outdoor dining area are discussed below.
Drainage:
Paving and drainage plans are not required with a conditional use request. However,
with the site plan modification submittal, drainage plans were submitted which indicate
that drainage will be retained on-site.
Streets and Traffic:
A traffic analysis has been prepared indicating that the additional restaurant floor area
will generate 54 new trips per day. The subject property is located within the TCEA
(Traffic Concurrency Exception Area), which encompasses the CBD (Central Business
District), OSSHAD (Old School Square Historic Arts District) and the West Atlantic
Planning and Zoning Board Staff Report
Conditional Use Approval - Dada Lounge
Page 3
Avenue Business Corridor. The TCEA exempts the above-described areas from
complying with the Palm Beach County Traffic Performance Standards Ordinance.
Based upon the above, a positive finding with respect to traffic concurrency can be
made.
Solid Waste:
Trash generated each year by the additional 666 sq.ft, of restaurant area (2,618 sq.ft.
total) will be 8.29 tons per year (32.59 tons per year total) [666 sq. ft. x 24.9 lbs./sq.
ff./year = 16,583/2000 = 8.29 tons]. The trash generated by this proposal can be
accommodated by existing facilities, therefore, a positive finding with respect to this
level of service standard can be made.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.$(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable policy was found.
Housing Element Policy A-12.3 - In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
The existing restaurant is located in the OSSHAD zoning district, which encourages a
mix of uses (commercial, office, residential). The proposal is to establish an outdoor
dining area associated with the existing restaurant on a property located along a City
collector and adjacent to a single family residence. The traffic pattern will be the same
as approved with the previous restaurant. The majority of the traffic associated with the
development will enter the site from the one-way drive aisle along Swinton Avenue and
exit onto NW 1st Street. An 8' high ficus hedge and trees every 25' exist along the south
property line and will further mitigate noise associated with traffic entering the site. The
traffic associated with the previous restaurant did not negatively affected the adjacent
single family residence to the south and will not have a negative impact with the current
proposal.
While the noise generated by outdoor dining areas is usually minimal, there is a concern
with respect to outdoor speakers. A site visit revealed that outdoor speakers exist on
the east side of the building and are to be used for outdoor-amplified music. However, it
is noted that outdoor-amplified music is prohibited in commercial zoning districts [Ref:
City of Delray Beach Code of Ordinances Section 99.04(A)(2) and (19)]. Therefore, the
installation of the outdoor speakers is not allowed and this item has been attached as a
Planning and Zoning Board Staff Report
Conditional Use Approval - Dada Lounge
Page 4
condition of approval. The development proposal will not result in a degradation of the
neighborhood, provided this condition of approval is addressed.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is bordered on the north, east, south and west sides by OSSHAD
zoning. To the north are the law offices of Michael Weiner and Associates; to the east
is the Old School Square Cultural Arts Center and Cason Cottage Museum; to the south
is a single family residence; and to the west is a vacant single family residence.
Compatibility of the proposed outdoor dining area with the adjacent properties is not a
major concern provided there is no outdoor amplification as previously discussed.
Except for the property to the south, the restaurant is surrounded by non-residential
uses. The dining area will be located on the east side of the existing restaurant. This
dining area will be buffered from the adjacent single family residence to the south by an
existing 8' high ficus hedge and existing trees every 25' along the south property line.
The existing single family residence to the west is currently vacant and the HPB
(Historic Preservation Board) recently approved an application for the demolition of the
residence and the construction of a 9,300 sq. ft. office building on the site.
This proposal will allow for the adaptive reuse of the structure while also retaining the
residential character that is sought with developments within the OSSHAD zone district.
As the intent of the OSSHAD zone district is to promote mixed uses, a positive finding of
compatibility can be made.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was submitted
which staff has reviewed. Based upon staff's review of the sketch plan and site
inspections, the following analysis is provided.
LDR Chapter 4.6 Supplementary District Regulations:
Parking:
Pursuant to LDR Section 4.4.24(G)(4)(b), restaurants shall provide six parking spaces
per one thousand square feet of total new floor area or existing floor area being
converted to restaurant use. In addition, pursuant to LDR Section 4.4.24(G)(6), when
Planning and Zoning Board Staff Report
Conditional Use Approval - Dada Lounge
Page 5
parking requirements are applied to new development or a change in use, said parking
requirements may be reduced by one parking space.
Including the one time reduction the existing 1,952 sq. ft. restaurant requires 11 parking
spaces. Six (6) spaces exist on site and 5 are provided (purchased) off-site in the CRA
parking lot to the southwest. The proposed 666 square foot outdoor dining area will
require 4 parking spaces for a total of 15 parking spaces. The proposal includes
purchasing the 4 required spaces for the outdoor dining area from the CRA (Community
Redevelopment Agency). The 4 spaces would be located within the CRA parking lot to
the southwest of the subject proper/y. These spaces must be tied to the property
through either a Unity-of-Title or off-site parking agreement. This item has been
attached as a condition of approval.
Visibility at Intersections:
Pursuant to LDR Section 4.6.14(A), when an accessway intersects a public right-of-way
or when the subject property abuts the intersection of two (2) or more public rights-of-
way, all landscaping within the triangular areas described below shall provide
unobstructed cross-visibility. The sketch plan indicates that a ficus hedge will be
installed along the north and east sides of the property on the interior edge of the
existing white picket fence. The hedge must be maintained at a height of no higher than
the height of the existing picket fence, however this item will be further addressed with
the site plan modification.
Downtown Development Authority:
At its meeting of April 19, 2000, the Downtown Development Authority reviewed and
recommended approval of the conditional use request, with the condition that adequate
site lighting be installed.
Community Redevelopment Agency:
At its meeting of April 22, 2000, the Community Redevelopment Agency reviewed and
recommended approval of the conditional use request.
Historic Preservation Board:
At its meeting of May 3, 2000, the Historic Preservation Board recommended approval
of the conditional use request for Dada Lounge, subject to the conditions that the
adjacent resident (to the south, Mrs. Lang) is taken into consideration and that no
outdoor seating or service should be permitted after 10:00 p.m., unless Mrs. Lang has
no objection to allowing the outdoor drinking and dining to continue until 2:00 a.m.; and,
that a personalized letter be sent to Mrs. Lang with the standard public notice. Mrs.
Lang has been contacted and she has indicated that she has no objection to the
outdoor dining area or the hours of operation. If Conditional Use approval is granted, a
full site plan submittal will follow. Final action on the site plan submittal will rest with the
Planning and Zoning Board Staff Report
Conditional Use Approval - Dada Lounge
Page 6
HPB (Historic Preservation Board). The site plan must accommodate concerns raised
through the conditional use analysis, and technical items that have been previously
transmitted to the applicant.
Public Notice:
Formal public notice has been provided to property owners within a 500-foot radius of
the subject property. Letters of objection, if any, will be presented at the Planning and
Zoning Board meeting.
Courtesy Notice and Neighborhood Notice:
Courtesy notices have been provided to the following homeowner's associations, which
have requested notice of developments in their areas:
· Delray Beach Chamber of Commerce
· Old School Square Historic Arts District
· Presidents Council
· Progressive Residents of Delray
The development proposal to establish an outdoor dining area is consistent with
Chapter 3 of the Land Development Regulations and the policies of the Comprehensive
Plan. Positive findings with respect to LDR Section 2.4.5(E)(5) (Conditional Use
Findings) can be made provided the outdoor amplified speakers are not installed. This
proposal will allow for the adaptive reuse of the structure while also retaining the
residential character that is sought with developments within the OSSHAD zone district.
Continue with direction and concurrence.
Recommend approval of the Conditional Use request for Dada Lounge, based
upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and
Chapter 3 (Performance Standards) of the Land Development Regulations, and
the policies of the Comprehensive Plan subject to conditions.
Recommend denial of the Conditional Use request for Dada Lounge, based
upon a failure to make positive findings with respect to Section 2.4.5(E)(5)
(Compatibility).
Planning and Zoning Board Staff Report
Conditional Use Approval - Dada Lounge
Page 7
Recommend approval of the Conditional Use request to establish an outdoor dining
area which operates at night for Dada Lounge, based upon positive findings with
respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land
Development Regulations, and the policies of the Comprehensive Plan subject to the
following conditions:
1. That a site plan be submitted that is in general conformance with the sketch plan
and addresses the concerns noted herein;
2. That a Unity-of-Title or off-site parking agreement be provided for the 4 parking
spaces to be purchased from the CRA; and,
3. That there be no amplified music outdoors.
Attachments:
· Location Map
· Sketch Plan
N.W. 3RD ST
N.W. 1ST ST.
A
POLICE
COMPLEX
S,W. 15T ST
Ii
CITY
ATTORNEY
~UILOINQ
2ND ST.
C/TY
HALL
COMMUNITY
CENTER
TENNIS
STADIUM
L AN T
SOUTH
COUNTY
COURT
HOUSE
C
3RD ST
2ND Sr.
~ST ST
SCHOOL i
SQUARE
AVENUE
N
PLANNINC DEPARTMENT
CITY OF DELRAy 8EACH, FL
DADA LOUNGE
(f.k.a. Damiano's Restaurant)
~]"IN~/xT' NO£N]f'flG 'N
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
SCOTT D. PAPE, SENIOR PLANNER ~--~L~o~..~
MEETING OF JUNE 6, 2000
CONDITIONAL USE MODIFICATION REQUEST TO ALLOW DEMOLITION OF EXISTINC,
HESS GASOLINE STATION/OFFICE BUILDING AND CONSTRUCTION OF NE?'
GASOLINE STATION/CONVENIENCE STORE~ LOCATED ON THE EAST SIDE OF SOUTI I
MILITARY TRAIL~ APPROXIMATELY 400 FEET NORTH OF WEST ATLANTIC AVENUE.
The subject property consists of the A.H.C. #3 Plat, and is 0.63 acres. The property contains a Hess gasoline
service station with 5 fuel pumps, and a 4,216 sq.ft, two-story office/commercial building. The conditional use
modification request is for demolition of the existing office building and gas station and construction of a 1,662
square foot convenience store/gas station with four double-sided fuel pumps (eight dispensers) under a 3,180
square foot canopy. The proposed gasoline station and convenience store/food mart will operate 24-hours a
day. Additional background and analysis of the request are found in the attached P & Z Board Staff Report.
At its meeting of May 22, 2000, the Planning and Zoning Board held a public hearing in conjunction with
review of the request. No one from the public spoke in opposition or support. The Board voted 6-0 to
recommend to the City Commission approval of the request based upon positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land
Development Regulations and the policies of the Comprehensive Plan. The Board, however, modified staff's
recommended conditions in order to leave the final disposition of Technical Items 2 and 5, as well as the
parking area design, to the Site Plan Review and Appearance Board. The Technical Items related to the drive
aisle dimensions and aesthetics of the building facade. The amended conditions of approval are as follows:
1. That a site plan be submitted that is in general conformance with the sketch plan and addresses the
concerns and Technical Items contained within the staff report, however final disposition of Technical
Items 2 and 5 shall be within the purview of SPRAB;
2. That the design of the parking areas be handled through the site plan process, with final disposition by
SPRAB; and,
3. That a photometric plan be submitted in accordance with LDR Section 4.6.8. The photometric plan shall
indicate that the canopy lighting is recessed so that they are not visible from the adjacent property.
By motion, approve the Conditional Use Modification request for the Hess Express Gas Station, based upon
positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land
Development Regulations, and the policies of the Comprehensive Plan, and subject to the findings of the
Planning and Zoning Board subject to the conditions recommended by the Planning and Zoning Board.
Attachments: P& Z Staff Report and Documentation of May 22, 2000
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
May 22, 2000
IV.C.
Conditional Use Modification to Allow the Demolition of the
Existing Hess Gasoline Station/Office Building and Construction of
a New Gasoline Station with a Convenience Store, Located on the
East Side of South Military Trail, Approximately 400 Feet North of
West Atlantic Avenue.
GENERAL DATA:
Owner/Applicant .......................... Amerada Hess Corporation
Agent .......................................... Jeff H. Iravani, P.E.
Location ...................................... East side of South Military Trail, approximately 400 feet north
of West Atlantic Avenue
Property Size .............................. 0.63 Acre
F.L.U.M Designation .................. General Commercial
Current Zoning ............................ GC (General Commercial)
Adjacent Zoning ................ North: PC (Planned Commercial)
East: PC
South: PC
West: County CG/SE & City GC
Existing Land Use ....................... Two-story Gasoline Station/Office Building
Proposed Land Use .................... Demolition of the existing gasoline station/office building and
construction of a new 1,662 sq. ft. gasoline
station/convenience store, installation of four (4) double-sided
gas pump islands, with associated parking and landscaping.
Water Service ............................. Existing on site.
Sewer Service ............................. Existing on site.
IV.C.
The action before the Board is that of making a recommendation to the
City Commission on a Conditional Use modification request and attendant
sketch plan to establish a Hess Express Gasoline Station with a
Convenience Mart, pursuant to LDR Section 2.4.5(E).
The subject property is located on the east side of Military Trail
approximately 400' north of West Atlantic Avenue (14624 Military Trail).
Modifications to Conditional Use Approvals are processed pursuant to
LDR Section 2.4.5(E)(7). Modifications which involve intensity of use or
hours of operation must be approved by the Planning and Zoning Board
(as opposed to staff approval). If however, the Board deems that the
modification is significant, then the modification must be heard as a new
Conditional Use application, requiring formal notification, public hearing,
and final action by the City Commission.
Given the extensive nature of the changes associated with this conditional
use modification, this request has been processed as if it were a new
application. Thus, if the Board finds that the changes are significant, the
request can be forwarded to the City Commission without delay.
The subject property consists of the A.H.C. #3 Plat, and is 0.63 acres. The property
contains a Hess gasoline service station with 5 fuel pumps, and a 4,216 sq.ft, two-story
office/commercial building.
The existing gasoline station and building were approved and constructed in 1978 while
the property was under County jurisdiction. The property was annexed into the City on
October 24, 1989 with a zoning of PC (Planned Commercial) as it was considered a
part of the surrounding shopping center.
On December 11, 1990, the City Commission approved a rezoning to GC (General
Commercial) as the PC district required a minimum 6,000 sq. ft. for any free standing
structure and this would have prevented the demolition and renovation of the gasoline
station. On January 8, 1991, the City Commission approved a conditional use request
associated with the demolition of the existing building, modification of the fuel
dispensers, and construction of a 675 sq. ft. convenience store and a 342 sq. ft. utility
building. The site plan was later approved on March 27, 1991, and was followed by
boundary plat approval on June 25, 1991 (A.H.C. #3 Plat).
On June 16, 1992, a six-month extension was granted for both the conditional use and
site plan. The extension approval was reconsidered by the City Commission and on July
21, 1992, the Commission granted an 18-month extension. Further, an additional
eighteen-month extension was granted by the City Commission on February 22, 1994.
The proposed improvements were never constructed and the approval expired on
August 22, 1995.
Planning and Zoning Board Staff Report
Hess Express Gas Station - Conditional Use Modification Approval
Page 2
The proposal is to establish a 24-hour gasoline station with a convenience store/food
mart and incorporates the following:
D Demolition of the existing gasoline station and commercial building;
r~ Construction of a 1,662 sq.ff, convenience store;
r-] Installation of 4 double-sided fuel pumps (8 dispensers) under a 3,180 sq.ft, canopy;
r~ Installation of a vacuum and air station;
I~ Modification of the existing curb-cut along Military Trail and cross-access to the
private property on the south;
r~ Installation of eight parking spaces adjacent to the south and north side of the
convenience store; and
~ Installation of associated landscaping and a dumpster area.
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 (Required Findings) 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 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 zone
district and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map designation of General Commercial
and is zoned GC (General Commercial), thus the zoning is consistent with the FLUM
designation. Within the GC zone district, gasoline stations or the dispensing of gasoline
directly into vehicles is allowed as a conditional use [LDR Section 4.4.9(D)]. As outlined
in LDR Section 4.3.3(J)(2) (Gasoline Station), the convenience mart is allowed as an
accessory use to the gas station. Based upon the above, positive findings can be made
with respect to consistency with the Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Planning and Zoning Board Staff Report
Hess Express Gas Station - Conditional Use Modification Approval
Page 3
Water and Sewer:
Preliminary water and sewer plans have been submitted and the following is noted:
Water service currently exists to the site via a service lateral connection to an
existing 12" main located along the east side of Military Trail.
r~ Sewer service exists to the site via a service lateral connection to an existing 8" main
that is located within the Delray Square Plaza.
Adequate fire suppression is provided via existing fire hydrants on the east side of
Military Trail.
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment Plant for
the City at build-out, and is sufficient to service the proposed gasoline station and
convenience store. The specifics of the public water and sewer utilities with respect to
potential main extensions and connections will be addressed in further detail during the
subsequent site plan review process. Based upon the above, positive findings can be
made with respect to these level of service standards.
Draina.qe:
Conceptual drainage plans have been submitted which indicate storm-water drainage
will be accommodated on-site via an exfiltration system. At this time, there are no
problems anticipated complying with South Florida Water Management District or Lake
Worth Drainage District requirements. Thus, positive findings with respect to this level of
service standard can be made. It is noted, however, the proposed drainage system
conflicts with required landscape areas. Also, with the development of the Autozone
site adjacent to the subject property, Autozone's retention area was designed to
accommodate the drainage from the Hess station which sheefiowed onto their property.
Per the Engineering Department, the applicant should work with the owner of the
Autozone property with respect to utilizing this area as the Hess drainage outfall.
Traffic:
A traffic study has been submitted indicating that the proposed development will
generate a net increase of 151 vehicle trips in addition to the 741 trips generated by the
existing gasoline station (892 total trips). There is adequate capacity on the
surrounding roadways to accommodate the additional trips. Therefore, a positive
finding can be made with respect to traffic concurrency.
Parks and Recreation:
Park and dedication requirements do not apply to nonresidential uses. Thus, there will
be no impact on this level of service standard.
Planning and Zoning Board Staff Report
Hess Express Gas Station - Conditional Use Modification Approval
Page 4
Solid Waste:
Pursuant to Solid Waste Authority Guidelines, trash generated each year by the
proposed 1,662 sq.ft, gasoline station and convenience store facility (29.5 Ibs./sq.ft.) will
be approximately 24.51 tons per year. As the existing service station/commercial
building generates approximately 17.43 tons per year, the net increase will be 7.08 tons
per year. The trash generated by this proposal can be accommodated by existing
facilities, therefore, a positive finding with respect to this level of service standard can
be made.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable policy was identified.
Traffic Element Policy A-6.2 - The approval of a modification to an existing site
development plan and/or conditional use shall be conditioned upon upgrading of
its points of access to meet adopted standards.
The applicant proposes to modify the driveway along Military Trail by relocating it closer
to the southern property line. Per LDR Section 4.3.3(J)(5), curb cuts shall not be located
closer than 15' from any abutting property line. The conceptual plan indicates that the
15' separation is provided. The modification to the existing curb cut will require a permit
from Palm Beach County Traffic Division. This will be further addressed with the site
plan.
SECTION 2.4.5(E)(5) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is surrounded by properties zoned PC (Planned Commercial).
The surrounding existing land uses are: Delray Square Plaza commercial center to the
north; Autozone auto parts store to the south and east (retention area); and a
McDonald's restaurant to the west, across Military Trail (Marketplace of Delray shopping
center, Palm Beach County jurisdiction).
According to the Palm Beach County records, the property was developed in 1978. The
existing gasoline station has existed for many years without any known conflicts with
Planning and Zoning Board Staff Report
Hess Express Gas Station - Conditional Use Modification Approval
Page 5
adjacent properties. Given the property location interior to a commercial area there are
no concerns with the 24-hour facility. The proposed development is consistent with the
surrounding development pattern of the area, The proposed use is indicative of
development patterns typically found along major arterial roads. Redevelopment of the
property will be an enhancement to the area and complement the extensive renovations
at the Market Place of Delray shopping center and the recently constructed Autozone.
The conceptual plan indicates that the landscape area along Military Trail will be
widened and re-landscaped. The development will provide cross-access to the
Autozone property, which will allow patrons to access both properties without traversing
Military Trail. This cross-access will increase shopping opportunities for both
businesses.
There is a concern with the site design of the convenience store with respect to the
parking area that will be addressed in the "Other Items" section of this report. Based
upon the above, a finding can be made that the proposed use will not have a significant
detrimental effect on the surrounding neighborhood or hinder development or
redevelopment in the area.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The proposed use will be in compliance with the Land Development Regulations.
If the Conditional Use is approved, a full site plan submittal complying with the
Land Development Regulations will be required. Along with the Conditional Use
request, a sketch plan has been submitted and reviewed by staff. Based upon
staff's review of the sketch plan and site inspections, several "Technical Items"
were identified. These items, which are listed below, will need to be addressed
with the full site plan submittal and are attached as a condition of approval.
Gasoline Stations Supplemental Re.qulation.~
The development proposal complies with all the supplemental regulations for gasoline
stations outlined in LDR Section 4.3.3(J), except the following:
Pursuant to LDR Section 4.3.3(J)(6)(a) (Gasoline Facility Development Standards),
gasoline dispensers, tanks, dispenser islands, and canopies shall not be located closer
than 15' from any property line. When property directly abuts residentially zoned
property, gasoline dispensers, tanks, dispenser islands and canopy, signs, or vents
shall not be located within 40' of the property line abutting the residentially zoned
property.
The property abuts commercial property, therefore a 15' setback must be provided. The
plans indicate that the existing fuel tanks and vents are to remain. The existing fuel
tanks are only set back 10' from the south property line and the vents are set back only
3'. This is an existing nonconforming situation, which may continue. If the tanks are
replaced, they must comply with the setback requirement.
Planning and Zoning Board Staff Report
Hess Express Gas Station - Conditional Use Modification Approval
Page 6
Parkinfl
Pursuant to LDR Section 4.6.9(C)(3)(c), gasoline stations with or without convenience
stores shall provide parking at a rate of 4.5 spaces per 1,000 sq.ff, of total floor area.
The proposed gasoline station includes a 1,662 sq.ft, convenience store that requires 8
parking spaces. The parking requirement has been met, as the proposed parking area
provides 8 parking spaces.
Site Li,qhtinR:
The project must comply with the illumination standards outlined in LDR Section 4.6,8.
In order to ensure the lights are directed downward and to prevent glare spillover onto
the adjacent properties, the width of the fascia should be increased. A photometrics
plan must be submitted indicating the locations of ail site lighting fixtures and the
illumination standards. For aesthetic purposes, the light fixtures beneath the canopy
must be recessed.
Points of Access
Pursuant to LDR Section 4.6.9(D)(3)(a), the maximum width of a driveway is 24' unless
a greater width is approved as part of the site plan application. The proposed driveway
width is 35' along Military Trail, 33' along the north side of the property, and 26' along
the south side of the property (proposed connection to Autozone). During the site plan
review process, a waiver will be necessary for the proposed driveway along Military
Trail. A template that shows the turning radii of a typical tanker must be submitted that
demonstrates the need for the driveway widths.
The site plan approval for Autozone to the south was subject to the provision of a cross
access easement/connection with the Hess property. ^ similar easement must be
provided by Hess. Provision of an easement will be a condition of site plan approval.
The intent of the easement was to serve as both cross-access between the properties
and to limit the need for traffic moving between the two sites to utilize Military Trail.
Planning and Zoning Board Staff Report
Hess Express Gas Station - Conditional Use Modification Approval
Page 7
OTHERITEMS
Site Desi.qn
The proposed site layout is inefficient, as it. requires the installation of an extensive
amount of pavement and curbing. The applicant has indicated that the building is
located in the middle of the property for maximum view of the pump islands and
"balance" of the site improvements. In order to keep the building in the middle of the
property, the parking areas should be redesigned to provide parking on the north and
south sides of the buildings which back-out onto the easternmost drive aisle (in front of
the convenience store). This modification will dramatically reduce the impervious area
and provide additional drainage areas on the east side of the property which
corresponds with the historic drainage pattern of the property.
Technical Items
While the Conditional Use addresses many of staff's comments several outstanding
technical items are noted in the attached Appendix. A condition of approval is that
these items are to be addressed with the site plan submittal.
The development proposal is not within a geographical area requiring review by the
CRA (Community Redevelopment Agency), DDA (Downtown Development Authority),
or the HPB (Historic Preservation Board).
Site Plan Review and Appearance Board~'
If Conditional Use approval is granted, a full site plan submittal will follow. Final action
on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance
Board). The site plan must accommodate concerns raised through the conditional use
petition and address the issues addressed in this report.
Courtesy Notices:
Courtesy notices have been provided to the following homeowner's and civic
associations:
[] Highpoint #7
[] Sherwood Forest
[] United Property Owners
[] Country Manor
r3 Highland Trailer Park
r3 Chatelaine HOA
[] PROD (Progressive Residents of
Delray)
[] President's Council
[] Sunset Pines
Planning and Zoning Board Staff Report
Hess Express Gas Station - Conditional Use Modification Approval
Page 8
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and support, if any, will be presented at the
Planning and Zoning Board meeting.
The conditional use modification request is to demolish the existing gas
station/commemial building and construct a 1,662 square foot gas station/convenience
store with four pumps. The proposed conditional use modification is consistent with the
policies of the Comprehensive Plan and Chapter 3 of the Land Development
Regulations. A positive finding with respect to LDR 2.4.5(E)(5) (Conditional Use
Findings) can be made provided that the concerns noted herein are addressed with the
submittal of the site plan. The proposal provides adequate parking and landscaping as
well as cimulation. The parking areas should be redesigned to provide a more efficient
design. This change will significantly reduce the amount of impervious area without
adversely affecting traffic flow. In order to address concerns regarding glare, the
canopy must be designed so the lights are recessed into the canopy.
Continue with direction.
Recommend approval of the conditional use modification request for Hess
Express Gasoline Station, based upon positive findings with respect to Chapter
3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of
the Land Development Regulations, and the policies of the Comprehensive Plan
subject to conditions.
Recommend denial of the conditional use modification request for Hess Express
Gasoline Station, based upon a failure to make positive findings with respect to
compatibility.
Recommend approval of the conditional use modification request for Hess Express
Gasoline Station, based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land
Development Regulations, and the policies of the Comprehensive Plan subject to the
following conditions:
That a site plan be submitted that is in general conformance with the sketch plan
and addresses the concerns and technical items contained within this report and
attached as Appendix A.
2. That the parking area be redesigned to provide a parking area which is
perpendicular to the east property line.
Planning and Zoning Board Staff Report
Hess Express Gas Station - Conditional Use Modification Approval
Page 9
3. That a photometric plan be submitted in accordance with LDR Section 4.6.8. The
photometric plan shall indicate that the canopy lighting is recessed so that they are
not visible from adjacent property.
Attachment:
[] Sketch Plan
Report prepared by: Scott Dedeaux Pape, Senior Planner
Planning and Zoning Board Staff Report
Hess Express Gas Station - Conditional Use Modification Approval
Page 10
APPENDIX"A"
Technical Items:
The following technical items must be addressed with the full site plan submittal, if the
conditional use is approved.
1. Pursuant to LDR Section 4.6.6(C)(1), dumpsters must be enclosed on three sides,
and have vision obscuring gates on the fourth side, unless such areas are not visible
from any adjacent public right-of-way. During the site plan review process, the site
plan must be revised to include a detail of the dumpster enclosure in conformance
with this requirement.
Pursuant to LDR Section 4.6.9(D)(3)(d), the standard aisle width is 24' for normal
traffic flow with perpendicular parking. The maximum aisle width is 26'. The
proposed aisle widths on the east and west sides of the canopy is 25'; between the
canopy and south landscape area is 29.2'; and, 25' within the parking areas on the
north and south sides of the building. The site plan should be revised to reduce the
aisles to 24' wide and converted to landscape area. During the site plan review
process, a waiver application should be submitted to increase the standard aisle
width on the south side of the canopy to 26' in order to accommodate the movement
of the gasoline delivery tanker. The drive aisles on the east and west sides should
be reduced to 24' and the remaining two feet converted to the required foundation
landscape area on the west side of the proposed building. A template that shows
the turning radii of a typical tanker must be submitted that demonstrates the need for
the aisle widths.
3. Pursuant to LDR Section 4.6.9(C)(1)(c) and Policy D-2.2 of the Comprehensive
Plan, a bicycle rack is required on the subject property. During the site plan review
process, the site plan must be revised to indicate the location of a bicycle rack.
Pursuant to LDR Section 4.6.16(H)(4)(d), foundation landscaping is required on the
west elevation of the building. As noted above, the aisle widths can be reduced to
24' and converted to a foundation landscape planter. During the site plan review
process, the site plan must be revised to provide a foundation landscape buffer
along the west side of the building.
5. Pursuant to LDR Section 4.6.18(B)(12)(a), symbolic color of the exterior facades or
roofs may not be used unless they are harmonious with the atmosphere of the
neighborhood and the city. The color scheme of the proposed building should be
revised in order to provide a more subdued appearance. Furthermore, the
architectural elements and roofline must be extended the length of the side
elevations. The Site Plan Review and Appearance Board will consider the building
elevations during the site plan review process.
Planning and Zoning Board Staff Report
Hess Express Gas Station - Conditional Use Modification Approval
Page 11
6. That the site plan be revised to include the standard parking detail pursuant to LDR
Section 4.6.9(D)(6)(e).
7. That the terminally landscape islands are extended the length of the 18' deep
parking spaces.
8. Pursuant to LDR Section 4.6.16(H)(3)(n), all ground level air-conditioning units and
mechanical equipment shall be screened. The site plan must be revised to identify
the location of all air-conditioning units and screening methods.
9. That a cross access easement is recorded with the adjacent property to the south.
10.That all utilities shall be placed underground.
11. Provide a photometric plan.
12. Indicate relocation of utility pole which is in the proposed cross access drive.
13. Indicate sidewalk along Military Trail extending through to driveway.
1,6~2 SF
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
DIANE DOMING UEZ, PLANNING AND ZONIng"*/~ "~
CONDITIONAL USE REQUEST TO ESTABLISH A WINDOW TINTING AND
CAR STEREO SALES/INSTALLATION OPERATION FOR THE CAR PLACF
UNLIMITED, IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL) ZONING
DISTRICT~ WITHIN THE CONGRESS INDUSTRIAL SQUARE~ LOCATED AT
THE NORTHEAST CORNER OF CONGRESS AVENUE AND MARTY
FLADELL DRIVE~
At its meeting of January 7, 1998, the Site Plan Review and Appearance Board (SPRAB)
approved with conditions a site and development plan for Congress Industrial Square, a 25,588
square foot mixed industrial and commercial development. The project is currently under
construction and is nearing completion. The request is to establish a window tinting, car stereo
and security sales and installation operation for The Car Place Unlimited. The use falls within
the category of automobile, paint, body and repair, and requires conditional use approval. The
business will occupy 2,800 sq.ft, within two bays (Bays 17 & 18) at the north end of the building.
Business hours will be Monday through Friday, 8:30 am to 6:30 pm, and Saturday 8:30 am to
5:00 pm. There will be 3-4 employees at this time, with a maximum of 12 - 13 in the future.
Additional background and an analysis of the request are found in the attached Planning and
Zoning Board Staff Report.
At its meeting of May 22, 2000, the Planning and Zoning Board held a public headng in
conjunction with review of the request. No one from the public spoke on the item. After
reviewing the staff report and discussing the proposal, the Board voted 6-0 (Bird absent) to
recommend approval of the Conditional Use request, based upon positive findings with respect
to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development
Regulations, and policies of the Comprehensive Plan.
By motion, approve the conditional use request to establish a window tinting and car stereo
sales/installation operation for The Car Place Unlimited, within the Congress Industrial Square,
based upon positive findings with respect to Chapter 3 (Performance Standards), Section
2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan.
Attachment: P& Z Staff Report and Documentation of May 22, 2000
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: May 22, 2000
AGENDA ITEM: IV.F.
ITEM: Conditional Use Request to Allow the Establishment of a Window Tinting
Operation, and the Installation and Sales of Car Stereos and Security
Devices for The Car Place unlimited, Inc. within Congress Industrial Square,
Located at the Northeast Corner of Congress Avenue and Marry Fladell
Drive.
GENERAL DATA:
Owner/Agent .................... John Spadavecchia
Applicant ......................... Alberto Robert
The Car Place Unlimited, Inc.
Location ............................ Northeast Corner of Congress
Avenue and Marry Fladell Drive
Property Size .................... 2.15 Acres
Future Land Use Map ....... Commerce
Current Zoning ................. MIC (Mixed Industrial & Commercial)
Adjacent Zoning.....North:
East:
South:
West:
Existing Land Use .............
MIC
MIC
MIC
CF (Community Facilities)
Existing 25,588 sq. ft Mixed
Industrial and Commercial
Building
Proposed Land Use .......... Conditional Use Request to allow
the establishment of a window
tinting operation, and the
installation and sales of car
stereos and security devices
Water Service ................... Existing on Site
Sewer Service .................. Existing on Site
IV.F.
The action before the Board is making a recommendation to the City Commission on a
request for Conditional Use approval to establish a window tinting and car stereo
sales/installation operation for The Car Place Unlimited, pursuant to LDR Section
2.4.5(E).
The business is to be located within the Congress Industrial Square, located at the
northeast corner of Congress Avenue and Marry Fladell Drive.
The subject property is Lot 1, Congress Industrial Square, contains 2.15 acres, and is
zoned MIC (Mixed Industrial and Commercial).
At its meeting of January 7, 1998, the Site Plan Review and Appearance Board
(SPRAB) approved with conditions a site and development plan for Congress Industrial
Square. The development proposal consisted of the following:
[~ Construction of a 25,588 square foot one story mixed use industrial and limited retail
building containing 25% retail area (6,214 sq.ft.) and 75% industrial/commercial area
(18,695 sq. ft.). The building contains 19 bays with overhead bay doors located
along the east (rear) facade and an open loading bay along the south (side street)
facade;
Q Construction of a primary access driveway along Congress Avenue with two
secondary access drives located along Marry Fladell's Way;
Q Installation of 88 parking spaces of which 24 are compact and 4 are handicap;
[] 5' right-of-way dedication and installation of a 5' sidewalk along Marty Fladell's Way;
[] Installation of two dumpster enclosures; and,
Q Associated landscaping.
On March 3, 1998, the City Commission approved the associated plat for Congress
Industrial Square. The development is currently under construction and is nearing
completion.
The request is to establish a window tinting, car stereo and security sales and
installation operation for The Car Place Unlimited. The use falls within the category of
automobile, paint, body and repair, and requires conditional use approval. The
business will occupy 2,800 sq.ft, within two bays (Bays 17 & 18) at the north end of the
building. Business hours will be Monday through Friday, 8:30 am to 6:30 pm, and
Saturday 8:30 am to 5:00 pm. There will be 3-4 employees at this time, with a
maximum of 12 - 13 in the future.
Planning and Zoning Board Staff Report
The Car Place Unlimited at Congress Industrial Square - Conditional Use Approval
Page 2
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 following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation).
The subject property has a Future Land Use Map designation of CMR (Commerce) and
a zoning designation of MIC (Mixed-Industrial and Commemial). The MIC zoning
district is consistent with the CMR Future Land Use Map designation and "automobile
paint, body, and repair shop" is listed as a Conditional Use in the MIC district [LDR
Section 4.4.19(D)(1)(c)].
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
The development proposal is the establishment of a window tinting/car stereo shop in a
previously approved industrial development. At its meeting of January 7, 1998, the Site
Plan Review and Appearance Board made positive findings with respect to concurrency
as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open
space, and solid waste.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)($) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable policy was found.
Future Land Use Element - Policy C-1.3: The City shall concentrate efforts in the
heavy industrial and undeveloped areas along the arterial roadways in order to
provide a better image of the community. Such efforts should include:
Planning and Zoning Board Staff Report
The Car Place Unlimited at Congress Industrial Square - Conditional Use Approval
Page 3
· Regulations which require heavy industrial uses to provided perimeter
landscaping of their sites; and
· Owners of vacant property shall provide a landscape appearance of their
properties.
The approved site plan provides the required 30' landscape buffer along Congress
Avenue, an arterial roadway. The buffer will contain a berm with extensive landscape
material. Thus, this policy has been met.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
North, south and east of the property is zoned MIC, and to the west is zoned CF
(Community Facilities). The existing land uses are a vacant parcel to the north, a
parking lot associated with Continental Concrete to the south, a roofing company to the
east, and to the west, across Congress Avenue, is the Palm Tran bus terminal.
The establishment of an automobile related facility within the previously approved
industrial development will be compatible with the surrounding uses in the area. The
change in use from general industrial to automotive repair increases the required
parking for the project, and has been accommodated on site. The approved elevations
provide a commercial center appearance facing Congress Avenue with the overhead
doors, loading and dumpster areas located to the rear (east side) of the structure.
Thus, they do not face a public right-of-way. The building is set back approximately
100' from Congress Avenue with a 30' landscape buffer adjacent to the roadway which
contains heavy landscaping. Based on the above, the development proposal will not
have detrimental effect on the area, nor will it hinder development or redevelopment of
nearby properties.
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in
addressed by the
application/request.
the Land Development Regulations shall specifically be
body taking final action on the site and development
Planning and Zoning Board Staff Report
The Car Place Unlimited at Congress Industrial Square - Conditional Use Approval
Page 4
LDR Section 4.6.9{Parkin.q}:
Pursuant to Section 4.6.9(C)(5)(a), genera/industrial uses (manufacturing, assembly,
attendant offices) shall provide parking at a rate of 3 spaces per 1,000 sq.ft, of floor
area devoted to such uses and 1 space per '1,000 sq.ft, of floor area devoted to storage
and warehouse. In addition, general commercial uses (retail) and vehicle repair uses
shall provide 4.5 spaces per 1,000 square feet of gross floor area [ref. LDR Sections
4.6.9(C)(3)(a)&(5)(b)].
The site contains an approved 24,909 sq.ft, industrial building. The parking requirement
for the 18,695 sq.ft, of industrial use area has been calculated at 3 spaces per 1,000 sq.
ft. or 56.1 spaces. The 6,214 sq. ft. retail area has been calculated at 4.5 spaces per
1,000 sq. ft. or 27.9 spaces, for a total of 84 required spaces. The parking calculations
do not include any area devoted to storage or warehouse at the lesser rate of 1 space
per 1,000 sq. ft. of floor area. With the conversion of 2,100 sq.ft, of industrial floor area
to auto repair use, 3 additional parking spaces are required (87 spaces). A total of 88
spaces are being provided on the site. Therefore, adequate parking is available for a
variety of uses, including the window tinting/stereo sales operation.
The development proposal is not located within a geographical area requiring review by
the CRA (Community Redevelopment Agency) or the DDA (Downtown Development
Authority).
Public Notice:
Formal public notice has been provided to property owners within a 500-foot radius of
the subject property. Letters of objection, if any, will be presented at the Planning and
Zoning Board meeting.
Courtesy. Notice:
Courtesy notices have been provided to the following homeowner's associations, which
have requested notice of developments in their areas:
Chatelaine
Delray Shores
Pines of Delray North
Presidents Council
Progressive Residents of Delray (PROD)
Rainberry Bay
Rainberry Lake
Sudan Homeowners Association
Letters of objection, if any, will be presented at the Planning and Zoning Board meeting.
Planning and Zoning Board Staff Report
The Car Place Unlimited at Congress Industrial Square - Conditional Use Approval
Page 5
II
The proposed Conditional Use request involves the establishment of a window
tinting/stereo sales and installation facility for The Car Place Unlimited within the
previously approved Congress Industrial Square development. With the change in use,
the parking requirement for the project increases slightly and has been accommodated
on site. The proposed use is consistent with the policies of the Comprehensive Plan and
Chapter 3 of the Land Development Regulations. Positive findings can be made with
respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with
surrounding properties.
Continue with direction.
Recommend approval of the request for Conditional Use request for the
establishment of a window tinting and car stereo sales/installation operation for
The Car Place Unlimited, at Congress Industrial Square, based upon positive
findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3
(Performance Standards) of the Land Development Regulations, and the policies
of the Comprehensive Plan.
Recommend denial of the Conditional Use request for the establishment of a
window tinting and car stereo sales/installation operation for The Car Place
Unlimited, at Congress Industrial Square, based upon a failure to make positive
findings with respect to Section 2.4.5(E)(5) (Compatibility), that the proposed use
will hinder development of nearby properties.
Recommend approval of the Conditional Use request to establish a window tinting and
car stereo sales/installation operation for The Car Place Unlimited, at Congress
Industrial Square, based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the
policies of the Comprehensive Plan.
Attachments:
· Sketch Plan
· Floor Plan
[lTV OF DELIII:I¥ BER[H
DELRAY B£ACH
AII-AmericaC~
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000
MF. IOI? NDUM
TO:
FROM:
DATE:
David T. Harden, City Manager
obert A. Barcinski, Assistant City Manager
May 31, 2000
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING
JUNE 6, 2000 SPECIAL EVENT APPROVAL -
ART & JAZZ ON THE AVENUE
ACTION
City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled
for June 29, 2000 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR
Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue,
the south side of Atlantic Avenue fi.om N.E. 7th Avenue to just past the Blue Anchor Pub
and Railroad Drive from Atlantic to N.E. Ist Street, and to authorize staff support for
security and traffic control, banner hanging and removal, barricade set up and removal,
clean up, use and set up of City stages.
BACKGROUND
Attached is a request for approval and City assistance for this event from Marjorie Ferrer.
The estimated overtime cost for this event is $7,000. City Commission capped the
amount the City would pay for overtime at $7,000 for the last event. Actual overtime
costs for January's event were $7,195. A copy of the certificate of insurance and hold
harmless agreement are attached.
RECOMME~IDATION
Staff recommends endorsement of the event, approval of the temporary use permit and
street closure, staff support as requested, use of stages and City barricades, setting an
upper limit of $7,000 for overtime costs with any difference to be paid by the Joint
Venture.
RAB/tas
cc: Lt. Geoff Williams
Joe Weldon
Hoyt Owens
File:U: SWEENEY/AGENDA
Doc:Art & Js~z 06/00
THE EFFORT ALWAYS MATTERS ~' /7/.
May 15, 2000
atlantic
Mr. Robert A. Barcinski, Assistan~anager
City of Delray Beach
100 N.W. l~t Avenue
Delray Beach, FL 33444
RE: AGENDA ITEM - CITY COMMISSION APPROVAl
SPECIAL EVENT REQUEST - ART & JAZZ ON THE AVENUF
Dear Mr. Barcinski:
City Commission is requested to endorse the Art & Jazz on the Avenue event
scheduled for Thursday, June 29, 2000, and to grant a temporary use permit per
LDR'S section 2.4.6(H) for use of City property and right of way.
We are requesting street closure on Atlantic Avenue from:
o Swinton Avenue to 7th Avenue
o South side of Atlantic Avenue from 7th to just past the Blue Anchor
Pub
o Railroad Way from Atlantic Avenue to N.E. 1 ~ Street
Closure will be from 6:00 p.m. to 11:00 p.m.
We are requesting that the City provide staff support for barricade setup and
removal, trash removal and clean up, police security for traffic control,
monitoring the FEC railway crossing, stage use setup and removal, and banners
and signage setup and removal.
The City support of this event, with no charge to the Joint Venture, is crucial to
our success. Your consideration and cooperation is very much appreciated.
Sincerely, .
MARJORIE FERRER
Downtown Coordinator
/sk
DELI>AY BEACH JOINT VENTURE · Community Redevelopment Agency · Delray Beach Chamber of Commerce · Downtown Development Authority
64 S,E, Fifth Avenue, Delray Beach, FL 33483 · Tel: 561-279-1384 · 561-278-0555
02/09/00 16:25 FA% 15612?6§244 PLASTRIDGE ~00!/001
Y, O. D~awex 730
D~lray Beach TL 33447
P~*~N= 561-276-5221 ~xN~,561-27E-5244
Downtown Delray B~ach Joint
V~nture
:??.;i 02/09/00
THIS C~RTIFICATE IS ISSUED AS A MA3-FI
ONLYAN~ CONFERS NO RIGHTS UPON THE CERTiFICATI
HOLCER. ~ I'J; CERTIFIOAT~ DOES NOTAMENO, ~XTIND OR
ALTER TH~ COV:d; ~.~ AFFORDED ~y THE POLICIES BELOW.
COM~ANI[:S AFFORDING COVERAGE
A Scotts~le Insurance Co.any
~ S
o~/23/oo
os/~3/o~
C~'nAL AOCaE¢^'r-~ !.lO00000
~e~x~ui fl oat~ a.s additional
holder
u~mer Nights
Art & Jazz ~V~nts
:CE Ryi~iC~ .3~-::B O,~DF_R .~ ::.:. .... ;,.: ..... ~::: :~:: ::~
CITYD~i
Ci't~ of Delray Beach
100 N.W. l~t A~enuu
Delray ~each F~ 33483
SPECIAL EVENT
HOLD HARMLESS AGR-~JMENT
The O~ov~town Delrav Be~ch Joint Venture in consida-at~on f the p,~ymenf or ~en ('10)
(Name o~
doll~, ~ceipt of whic~ is hereby ~ckno~g~, ~es 1o indemni~, heki h~m~ess
and defend ~e Ci~ of DeJr~y Beach, its a;en~ ~d employees ~om sll ~di~,
~nd claims including atomey's fees ~nd ~ a~nd~nt to ~ny d~im. /i~asiion,
am n s~dve proceeding, appeal and judgment of eve~ name ~nd descffcdon brought
againsl ~e City as a msul~ of loss, damage or inj~ ia pe~on or pmpe~ arising
and in exdqange for ~e Oowniown Delay Beach Joint Venture use of City facili~es or
(Name of
pro~aay ior the spatial even~ or A~ and Ja~ "and he.by ~!easas aa Ci~ of
(Name of Entry)
Oe1~y ~aadq, [~ agenis and emolovees from all ~s, a~Jons and dNms
a~omey's fees ~d co~s ai~enda~i i~ any da/m, liege'on, admini~ve pmceedings~
appeal and judgment of eve~ name add des~o~'on brought, ageing- ~e Ci~ as a
result of loss, damage or in]u~ ~o peaon or prop~ arising from ~e spade! event of
A~ ar)d Ja~
(Name'of ~g~) ..
' Wnis Indamnifi~on and Hold Hapless and Defend Agreement is only lc Ihe extent
of insu~n~ maintained by ae Downtown De,ay 8~ch Joint Venom as covered
under Sc~dale Insu~n~ Company Policy number CLS420J 16.
ART AND JA~/~_
(Name of Specie Even0
Name
(Please type or pdnt n3,me)
Withess '
(Please type orpdnt name)
[IT¥ OF DELRI ¥ BEI:I[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
~ll.k.edca City
1993
DATE:
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE $61/243-7090 · FACSIMILE 561/278.4755
Writer's Direct Line: ~61/243-7091
MEMORANDUM
June 2, 2000
Brian Shutt, Assistant City Attorney
SUBJECT: Seacrest/Del-Ida Special Assessment District
Resolution Adopting the Preliminary Assessment Roll
The attached resolution, if adopted, will authorize the establishment of the Seacrest/Del-
Ida Special Assessment District ("District"). The District is being established in order to
provide that the property owners in the Seacrest and Del-Ida neighborhoods will
contribute to the street beautification in the two neighborhoods.
The total cost of the project, excluding the CRA's portion and the utility work performed
by the City, is estimated at $1,543,900.50, of which the City shall pay for half of this
amount. The property owners shall contribute the other half of the cost for this project,
which is the amount of $771,950.25.
At the conclusion of the construction, the City Commission will consider a resolution
adopting the construction as complete and confu'ming the final assessment. The property
owners will then have 60 days to pay the assessment in one lump sum. The property
owners may also pay the assessment in ten annual installments at an interest rate of 8 %.
The City's finance department will administer the collection of the assessments.
Please call if you have any questions.
Attachments
David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
/o.A
RESOLUTION NO. 45-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DF, I.RAY BEACH, FLORIDA, PROVIDING FOR THE
CERTIFICATION AND ADOPT/ON OF THE PIIRI.IMINARY
ASSESSMENT ROLL FOR THE SEACREST/DEL-IDA SPECIAL
ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES
GENERAIJ.y NORTH OF N.E. 4TM STREET, SOUTH OF N.E. 22Nr~
LANE, WEST OF THE FEC RAILROAD, AND EAST OF SWINTON
AVENUE, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR
THE ASSESSMENT AMOUNT AS TO EACH PROPERTY; PROVIDING
FOR THE METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 18, 2000, the City Commission of the City of Delray Beach adopted
Resolution No. 34-00 which declared the necessity for establishing the Seacrest/Del-Ida Special Assessment
Distr/ct ("District") in order to defray a portion of the street beautification improvements within the
District; and
WHEREAS, on April 18, 2000, the City Commission adopted Resolution No. 5-00 which
set the date and time for the public heaxing at which the City Commission would consider the approval of
the District; and
WHEREAS, the City Clerk has advertised the public hearing and mailed notices to the
property owners to be included in the District; and
WHERF_~S, the District will include all those properties listed on the assessment roll which
is attached hereto as Exhibit "A", and as shown on the map attached hereto as Exhibit "B"; and
WHEREAS, the total estimated cost of the beautification improvements is $1,543,900.50, of
which the City shall pay half this mount and the property owners will contribute the other half~ which is
$771,950.25; and
WHEREAS, each property owner shall be assessed on a square foot basis; and
WHEREAS, each property owner may pay their assessment in one lump sum no later than
sixty (60) days following certification that construction is complete; and
WHEREAS, each property owner may pay the assessment in ten (10) annual installments at
an interest rote of eight percent (8%), as indicated on Exhibit "A"; and
WHEREAS, the owner of property within the District for which an assessment is levied
shall thereafter be responsible for payment thereof.
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, following a duly noticed
public hearing, does hereby adopt the above recitals as if fully set forth herein.
SectiQn 2. That the City Commission hereby adopts and certifies the assessment roll for the
Seacrest/Del-Ida Special Assessment District as set forth in Exhibit "A" which is attached hereto and
incorporated herein.
Section 3. That this resolution shall become effective mediately upon passage.
PASSED AND ADOPTED in regular session on this the 6m day of June, 2000.
MAYOR
ATfEST:
City Clerk
- 2 - Res. No.45-00
EXHIBIT "A"
EXHIBIT "I~"
TO:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
DIANE DOMINGUEZ, PLANNING AND ZO'I~IN~ blRE~:"I~(~R
MEETING OF JUNE 6, 2000
ORDINANCE AMENDING APPENDIX A "DEFINITIONS" OF THE LDRS,
REGARDING DWELLING UNITS AND OTHER HABITABLE STRUCTURES
This amendment is corrective in nature. City staff has begun a comprehensive review
of the Land Development Regulations, in order to ensure that they are consistent with
the most current provisions of the Comprehensive Plan, and to correct vague or
problematic passages. One area that has recently come into focus concerns the
definitions of dwelling units, hotels, motels, boarding houses, and similar types of
habitable structures. Planning staff has worked with the City Attorney's Office to make
changes to these definitions in order to ensure that they can be readily understood and
enforced. The proposed changes are as provided in the attachment to this memo.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based
upon a finding that the amendment is consistent with and furthers the Goals, Objectives,
and Policies of the Comprehensive Plan. This amendment is being initiated more for
"housekeeping" purposes than to fulfill any specific Comp Plan policy. While the
amendment does not specifically further the Goals, Objectives, and Policies of the
Comprehensive Plan, it is not inconsistent with them.
The Planning and Zoning Board held a public hearing on this item at its meeting of May
22, 2000. There was no public comment in favor or opposed. The Board voted
unanimously to recommend approval of the changes.
Subsequent to the Planning and Zoning Board meeting, staff from the Planning and
Zoning Department and the City Attorney's Office reviewed the proposed changes
again, and determined that a previously proposed change to the definition of "Dwelling"
should be eliminated at this time. The attached list of definitions reflects that change.
By motion, approve the attached amendments to the "Definitions" section of the Land
Development Regulations, based upon positive findings with LDR Section 2.4.5(M).
Attachment::
· Proposed Amendment
ORDINANCE NO. 1340
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DR!.RAY
BEACH. FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DFI.KAy BEACH BY AMENDING
APPENDIX "A", "DEFINITIONS", TO CLARIFY CERTAIN DEFINITIONS
REGARDING DW~.T.T.mlG UNITS AND OTHER HABITABLE STRUCTURES;
PROVIDING A GENERAL REPEAT.I~.R CLAUSE, A SAVING CLAUSE, AND
AN EI~'PECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the phn,~i,,g and Zoning Board x~viewed the
proposed text amendment at a public hes/mg on May 22, 2000, and voted to recommend that the changes be
approved; and
~[-IEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as
the Local Planning Agency, has detmnined that the changes are consistent with and further the objectives and
policies of the Comprehensive Plan.
NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COMMISSION OF THE CITY OF
D~) .RAY BEACH, FLORIDA, AS FOLLOWS:
~ That Appendix "A", '"Definitions", of the Land Development Regulations of the City
of Dekay Beach, Florida, be, and the same is hereby amended as set forth in Exhibit "A" attached hereto and made
part hereof.
~ That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
~ 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.
~ That this otdinmce shall become effective immediately upon its passage on second and
find reading.
day of
PASSED AND ADOPTED in regukr session on second and finul re~dlng on this the
MAYOR
City Clerk
First Re, ding:
Second Reading.
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER ~~t~J~~
DIANE DOMINGUEZ, DIRECTOR OF PLANNIRG A~
CONSIDERATION OF AN AMENDMENT TO LDR SECTION 4.4.t8(B)(4)
REGARDING LIMOUSINE SERVICES IN THE PCC (PLANNED COMMERCE
CENTER) ZONING DISTRICT
The Service Industry land use of the PCC zoning district allows uses which are primarily
engaged in providing an off-site service but which maintain inventory, storage of materials, and
a business office at a central location. An amendment to the Service Industry land use of the
PCC zone district regulations has been requested to establish a Limousine Service at 1445 N.
Congress Avenue (All Points Limousine Service). The property contains a 16,146 sq.ft.
industrial building with store fronts facing Congress Avenue and overhead doora facing east
(VVastewater Treatment Plant). All Points Limousine Service will occupy a 1,000 sq.ft, bay (Bay
7). The operation is described as follows:
The customers call this central location for service. The vehicles are dispatched via cell phone
from this office to the driveds home or to a driver with a job in progress. The vehicles are
parked at the driver's home nightly, with the exception of the stretch limousine that is stored in
the bay. There will be no outside vehicle storage, vehicle repairs, nor detailing/washing facilities
at the central location.
Limousine services are primarily engaged in providing off-site service from a central office. The
proposed text amendment will not allow any vehicle repair or detailing on the premises. The
Service Industry currently permits the overnight storage of vehicles provided they are screened
from view of adjacent properties or public right-of-way in a manner approved by the Site Plan
Review and Appearance Board. Additional background and an analysis of the request are found
in the attached Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of May
22, 2000. There was no public testimony regarding the request. After discussing the
amendment, the Board voted 6-0 (Bird absent) to recommend to the City Commission that LDR
Sections 4.4.18(B)(4) of the PCC zoning district be amended to allow limousine services.
By motion, approve on first reading a text amendment to LDR Section 4.4.18(B)(4) to allow
limousine services as a permitted use in the PCC zoning district.
Attachments: P&Z Staff Report and Documentation of May 22, 2000
Ordinance by Others 1 ~-'"~/~ /
ORDINANCE NO. 12-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DE1 ,RAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT 1LEGULATIONS OF THE CITY OF DELRAY BEACH
BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS",
SECTION 4.4.18, "PLANNED COMMERCE CENTER (PCC)
DISTRICT", SUBSECTION 4.4.18(B), "ALLOWED USES",
SUBPARAGRAPH 4.4.1803)(4), "SERVICE INDUSTRY", BY ADDING
'LIMOUSINE SERVICES WITH NO VEHICLE REPAIR OR
DETAILING ON THE PREMISES' AS A PERMITTED USE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a pubhc hearing held on May 22, 2000, and voted
unanimously to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitfng as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.4.18, "Planned
Commerce Center (PCC) District", Subsection 4.4.1803), "Allowed Uses", Subparagraph
4.4.1803)(4), "Service Industry", of the Land Development Regulations of the City of Delray Beach,
be and thc same is hereby amended to read as follows:
Section 4.4.18 Planned Commerce Center (PCC) District
(B) Allowed Uses*
(4) Service Industry: Service Industry uses are those which are primaxily engaged
in providing an off-site service but which maintain inventory, storage of materials, and a business
office at a central location. The area which may be devoted to "Service Industi?" uses within a PCC
is limited to twenty-five percent (.25%) of the total land area of that PCC. Repak of equipment and
materials associated with the service is also permitted at this central location:, except as restricted
...... r, .......... ror0/~ ~r ,~- .....~ L-a ..... ~ .~_, nr-r' All aspects of these uses must be
accommodated within a structure except for overnight storage of vehicles used by the business.
Uses which are allowed within the "Service Industry" classification include:
Assembly, fabrication, wholesale, and storage per Section 4.4.1803)(2) when such
use is limited to no more than 5,000 square feet per tenant.
Land Development Services (e.g. surveying, soil testing, mapping, architectural,
engineering).
Contractor and Trade Services (e.g. general contractor, electrician, plumbers,
heating and air conditioning specialists, swimming pool maintenance,
landscaping services, exterminators, equipment and tool rental).
Repair of office equipment (e.g. typewriters, computers, data processing
equipment).
Business Services (e.g. photocopying/printing, photofinishing, provision of
office equipment and fumishiugs, delivery services, computer and data
processing services).
Limousine services with no vehicle repair or detailing on the premises.
Limited Retail Trade only as a secondary use within any one building, but only to
the extent that the floor area for all retail use (either accessory to the service
industry use or not) shall not exceed twenty-five percent (25%) of the floor area
of the total building. Although the intent of the PCC does not encourage
retailing of items other than at the designated "retail center", additional retail
uses may be allowed in the service industry areas shown on the MDP. Such
retail use may involve the sale of products associated with an established service
industry use or may involve any of the following products:
· apparel and accessories
· appliances
· baked goods
building materials and garden supplies
· camera and photographic equipment and supplies
· furniture and home furnishings
· hobbies, games, toys
· jewelry, gifts, novelties
· luggage and leather goods
· radio, television and communication products
· sporting goods
2 Ord. No. 12-00
Section 2. That should any section or provision of this ordinance ox any portion
thereof, any paragraph, sentence or word be &dared 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
othe~ than the part declared to be invalid.
Section 3. That all o~dmances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage
on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on ttxis
the day of ,2000.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
-3-
Ord. No. 12-00
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE:
AGENDA ITEM:
MAY 22, 2000
IV.G. AMENDMENT TO LDR SECTION 4.4.18(B)(4)
REGARDING LIMOUSINE SERVICES IN THE PCC
(PLANNED COMMERCE CENTER) ZONING DISTRICT
The item before the Board is that of making a recommendation to the City Commission
regarding an LDR amendment to Section 4.4.18(B)(4) Planned Commerce Center
(PCC) zoning district, Allowed Uses, Service Industry, to add "Limousine services with
no vehicle repair or detailing on the premises" as a permitted use, pursuant to LDR
Section 2.4.5(M).
Pursuant to LDR Section 1.1.6, an amendment to the Land Development Regulations
may not be made until a recommendation is obtained from the Planning and Zoning
Board.
Prior to 1989, limousine services were listed only as an accessory use to a full service
automobile dealership. On October 16, 1989, a request for a determination of similarity
of use was approved to allow a limousine service in the LI (Light Industrial) zone district.
The Planning and Zoning Board determined that the use was similar to auto repair
facilities as it involved maintenance and detailing of the vehicles.
With the adoption of the Land Development Regulations in 1990, limousine services
were added as a permitted use in the MIC (Mixed Industrial and Commercial) and the I
(Industrial) zoning districts, and as a conditional use in the AC (Automotive Commercial)
zoning district. The LI zoning district has been significantly modified and no longer
allows the use.
In 1997, an amendment to the MIC zoning district regulations was approved which
changed auto repair, paint body and repair shops from a permitted use to a conditional
use. Limousine services are considered a conditional use in the MIC if they include
vehicle repair and detailing.
An amendment to the PCC zone district regulations has been requested to establish a
Limousine Service at 1445 N. Congress Avenue (All Points Limousine Service). The
property contains a 16,146 sq.ft, industrial building with store fronts facing Congress
Avenue and overhead doors facing east 0Nastewater Treatment Plant). All Points
Limousine Service will occupy a 1,000 sq.ft, bay (Bay 7). The operation is described as
follows:
Planning & Zoning Board Staff Report
Limousine Services in the PCC Zone District - LDR Text Amendment
Page 2
The customers call this central location for service. The vehicles are dispatched via cell
phone from this office to the driveFs home or to a driver with a job in progress. The
vehicles are parked at the driveds home nightly, with the exception of the stretch
limousine that is stored in the bay. There will be no outside vehicle storage, vehicle
repairs, nor detailing/washing facilities at the central location.
LDR Section 2.4.5(M)($~ (Findincls): Pursuant to LDR Section 2.4.5(M)(5)
(Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a
finding that the text amendment is consistent with and furthers the Goals,
Objectives and Policies of the Comprehensive Plan.
The PCC zone district is an industrial zone district that is applied to a master planned
industrial park. The purpose and intent cf the PCC zone district is to provide for a mix
of light industrial, service industrial, research and development, office, and limited
commercial use in an Industrial Park setting which is planned and then controlled
through a master development plan. It has more stringent requirements than other
industrial zoning districts and does not have any listed conditional uses, which typically
are conducted outside or have significant amount of outside storage associated with the
use.
LDR Section 4.4.18(B)(4) of the PCC zone district states that "Service Industry uses are
those which are primarily engaged in providing an off-site service but which maintain
inventory, storage of materials, and a business office at a central location. Repair of
equipment and materials associated with the service is also permitted at the central
location, and all aspects of these uses must be accommodated within a structure except
for overnight storage of vehicles used by the business."
Limousine services are primarily engaged in providing off-site service from a central
office. The proposed text amendment will not allow any vehicle repair or detailing on
the premises. The Service Industry currently permits the overnight storage of vehicles
provided they are screened from view of adjacent properties or public right-of-way in a
manner approved by the Site Plan Review and Appearance Board.
In addition to listing the use, some minor changes are proposed to the "Service
Industry" description referenced above for clarification purposes.
COMPREHENSIVE PLAN POLICIES:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there
are no applicable goals, objectives or policies noted. While the amendment does not
specifically further the Goals, Objectives and Policies of the Comprehensive Plan, it is
not inconsistent with them.
Planning & Zoning Board Staff Report
Limousine Services in the PCC Zone District- LDR Text Amendment
Page 3
REVIEW BY OTH ERS
The proposal is not in a geographical area requiring review by the CRA (Community
Redevelopment Agency), DDA (Downtown Development Authority) or HPB (Historic
Preservation Board).
Courtesy Notices:
A special courtesy notice was provided to the following civic and homeowner's
associations:
· Chatelaine · Rainberry Bay
· High Point Section I · Rainberry Lake
· Greensward Village · Villas of Rainberry Lake
· Hanover Square · Sherwood Forest
· The Hamlet · The Sudan
· Pines of Delray North · Windycreek
· President's Council · Woodlake
· Progressive Residents of Delray (PROD) ·
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
By motion, recommend to the City Commission that LDR Section 4.4.18(B)(4) Planned
Commerce Center (PCC) zoning district, Allowed Uses, Service Industry, to add
"Limousine services with no vehicle repair or detailing on the premises" as a permitted
use, based upon a positive finding with LDR Section 2.4.5(M)(5), that the text
amendment is not inconsistent with the Goals, Objectives and Policies of the
Comprehensive Plan.
Attachment:
· Proposed Amendment
PROPOSED LDR AMENDMENT
Section 4.4.18 Planned Commerce Center (PCC) District
(B) Allowed Uses
(4) ~: Service Industry uses 'are those which are primarily engaged in
providing an off-site service but which maintain inventory, storage of materials, and a
business office at a central location. The area which may be devoted to "Service
Industry" uses within a PCC is limited to twenty-five percent (25%) of the total land area
of that PCC. Repair of equipment and materials associated with the service is also
permitted at this central location.-, except as restricted below. -r~,~
of thc tot's! Ic.-,d =;ec cf thct PCC. All aspects of these uses must be accommodated
within a structure except for overnight storage of vehicles used by the business. Uses
which are allowed within the "Service Industry" classification include:
· Assembly, fabrication, wholesale, and storage per Section 4.4.18(B)(2)
when such use is limited to no more than 5,000 square feet per tenant.
Land Development Services (e.g. surveying, soils testing, mapping,
architectural, engineering).
Contractor and Trade Services (e.g. general contractor, electrician,
plumbers, heating and air-conditioning specialists, swimming pool
maintenance, landscaping services, exterminators, equipment and tool
rental).
Repair of office equipment (e.g. typewriters, computers,
processing equipment).
data
Business Services (e.g. photocopying/ printing, photo finishing,
provision of office equipment and furnishings, delivery services,
computer and data processing services).
· Limousine services with no vehicle repair or detailinq on the premises.
Limited Retail Trade only as a secondary use within any one building,
but only to the extent that the floor area for all retail use (either
accessory to the service industry use or not) shall not exceed twenty-
five percent of the floor area of the total building. Although the intent of
the PCC does not encourage retailing of items other than at the
designated "retail center", additional retail uses may be allowed in the
Service Industry areas shown on the MDP. Such retail use may' involve
the sale of products associated with an established service industry use
or may involve any of the following products:
· apparel and accessories
· appliances
· baked goods
· building materials and garden supplies
· camera and photographic equipment and supplies
· furniture and homefumishing
· hobbies, games, toys
· jewelry, gifts, novelties
· luggage and leather goods
· radio, television, and communication products
· sporting goods