Agenda Reg 12-21-00CITY OF DELRAY BEACH,
NOVEMBER 21,
FLORIDA - CITY COMMISSION REGULAR MEETIN~
2000 6:00 P.M.; PUBLIC HEARING 7:00 P.M.
COMMISSION CHAMBERS
DELRAY BEACH
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 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.
6.
Roll Call.'
Invocation·
Pledge of Allegiance to the Flag.
Agenda Approval.
Approval of Minutes:
Proclamations:
Ao
Commending the Haitian Citizens
Roving Patrol - Presentation of
by Indivisible
Police Academy and the Haitian
Local Heroes Changing America
B. World AIDS Day - December 1, 2000
Presentations: None
Consent Agenda: City Manager recommends approval.
RESOLUTION NO. 96-00: Approve a resolution vacating and
abandoning those certain easements retained by the City
through Resolution No. 28-99, associated with the new Publix
grocery store site on Federal Highway.
CRA QUIET TITLE ACTION/37 N.W. 10TH AVENUE: Accept the
Community Redevelopment Agency's offer to settle City liens
that exist on CRA-acquired property at 37 N.W. 10th Avenue,
and authorize the release of all liens against the subject
property after payment is received.
C. ACCEPTANCE OF BUREAU OF JUSTICE ASSISTANCE BLOCK GRANT 2000:
Do
Eo
Accept the Bureau of Justice Assistance FY 2000 Local Law
Enforcement Block Grant in the amount of $189,985.00.
AMENDMENT TO FLIGHT MEDIA CONTRACT (TENNIS CENTER NA~T~
RIGHTS): Approve Amendment No. 1 to the Agreement for
Procurement of Naming Rights of the Delray Beach Tennis Center
between the City and Flight Media, Inc.
AMENDMENT NO. 4 TO MATCHPOINT AGREEMENT: Approve Amendment
No. 4 to the Agreement between the City and MatchPoint, Inc.
Regular Commission Meeting
November 21, 2000
extending the forbearance of MatchPoint to sell naming rights
until March 31, 2001.
Fo
HOLD HARMLESS AGREEMENT/GAS ONe, INC. (GAS DEPOT): Approve a
hold harmless agreement between the City and Gas One, Inc.,
the developer of the Gas Depot project located at the
northwest corner of Atlantic Avenue and Barwick Road, wherein
the City agrees to act as the utility permit applicant for the
purpose of constructing utilities within FDOT right-of-way and
the developer agrees to hold the City harmless for the work
performed under the permit.
OCEAN HAMMOCK COACH HOMES DEVELOPER'S AaREEMENT: Approve an
agreement between the City and Ironwood Properties, Inc.
(Developer) for joint participation in infrastructure
improvements to be constructed along Pelican Lane and George
Bush Boulevard, associated with the Ocean Hammock Coach Homes
development.
Ho
SERVICE AUTHORIZATION #2/CH2M HILL (ALTERNATIVE WATER
TREATMENT TECHNOLOaY STUDY): Approve Service Authorizatiion
#2 in the amount of $45,900.00 with CH2M Hill for professional
engineering services related to an alternative water treatment
technology study to determine the most viable treatment
alternative that will be implemented to meet EPA
requirements. Funding is available from 441-5122-536-31.30
(Water & Sewer - Engineering/Architectural).
CONTRACT ADDITION (C.O. #i)/FLORIDA BLACKTOP, INC. (EAST
ATLANTIC AVENUE LANDSCAPE LIGHTING)~ Approve a contract
addition {C.O. #1) in the amount of $31,655.95 with Florida
Blacktop, Inc. under the Pineapple Grove Way Improvements
contract for the construction and installation of electrical
power circuits to accommodate the landscaping lighting along
East Atlantic Avenue between the bridge and Venetian Drive,
with funding from 334-6111-519-63.90 {R&R Buildings &
Equipment - Other Improvements).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS- Accept
the actions and decisions made by the Land Development Boards
for the period from November 6th through November 17, 2000.
K. AWARD OF BIDS AND CONTRACTS:
Contract award in the amount of $17,907.75 to William
Hatcher Construction for the rehabilitation of a single
family housing unit at 237 S.W. llth Avenue, with funding
from 118-1924-554-49.19 (SHIP Housing Rehabilitation).
9. Regular Agenda:
POLICE COMPENSATION PACKAGE: Consider approval of the
proposed Police compensation package.
-3-
Regular Commission Meeting
November 21, 2000
CONGRESS COMMERCE CENTRE DEVELOPER'S AGREEMENT: Consider
approval of a developer's agreement between the City and the
developer of Congress Commerce Centre, a proposed development
to be located at the southeast corner of Congress Avenue and
Lake Ida Road.
10. Public Hearings:
ORDINANCE NO. 30-00: An ordinance amending the Silver Terrace
Special Activities District Ordinance to allow additional uses
along Dixie Highway.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
Ao
ORDINANCE NO. 31-00: An ordinance annexing into the City the
Palm Court Plaza located at the southwest corner of Linton
Boulevard and Military Trail and establishing initial zoning
of PC (Planned Commercial) for the property. If passed, a
quasi-judicial (as to zoning) public hearing will be scheduled
for December 5, 2000.
ORDINANCE NO. 32-00: An ordinance rezoning a portion of Block
36, Town of Delray, from R-1-A (Single Family Residential) and
CF (Community Facilities) District to GC (General Commercial)
District. The subject property is located on the north side
of West Atlantic Avenue between N.Wo 3rd and 4th Avenues. If
passed, a quasi-judicial public hearing will be scheduled for
December 5, 2000.
ORDINANCE NO. 33-00: An ordinance rezoning from AC
{Automotive Commercial) and GC (General Commercial) to CBD
(Central business District) for Steve Moore Chevrolet and
adjacent commercial properties. If passed, a quasi-judicial
public hearing will be scheduled for December 5, 2000.
13. Comments and Inquiries on Non-Agenda Items.
Ao
City Manager
City Attorney
City Commission
-4-
~-IEREAS, challenged by language and cultural differences coupled with alarming Haitian victimization and a sense of fear
and mistn~ towards authority, the Delray Beach Police Departm~t, community lead~-s, and residents joined forces to establ~h a
community initiative to turn this around. In 1995 the Haitian Citizens Police Academy, believed to be the first of it's kind in the Nation
wm formed; and
~-IEKEAS, commuinty activists and residents from the Haitian Community parricip~ted in a 10-week p,ogram hdd at the
police department, which provided infonnatlve instruction on police issues, code enforcement, and other valuable information. There
was a great deal of emphasis directed towards establishing a positive citizem-police alliance built a~ound a strong sense of trast, respect
and parmership; and
~q-I ERF. akS, the program was an ov~whdming sucxess and che Haitian residents fully embraced the philosophy of partnering
and te~unwork to improve their quality of life. Since 1995, the police department has run 5 Haitian ~aizens Police Academies, which saw
over 200 Haitian residents attend. A/zer the fu-st Haitian Citizens Police Acadenv, changes in perception occu/ved encouraging residents
and leaders to continue this positive move and establish the Haitian Roving Patrol; and
WHEREAS, because of this Haitian Citizens Police Academy, a volunteer Haitian Roving Patrol was started with just 5
m~nbers, currently it consists of 14 Creole speaking volunteers in marked vehicles to patrol the chy's Haitian neighborhoods as well ~s
other targeted areas. Tiffs increases the police presence in these areas which lends a feeling of security to troubled neighborhoods; and
WHEREAS, these patrols are also used during speci~ eye.ts to angment the regular police force md use mobile phones and
police radios to call in suspicious aaivity for police follow up. The Haitian roving patrol has established dear lines of communication
between the Haitian Community and the police. The Haitian Roving Patrol members have created a new sense of pride in the Haitian
WHEREAS, in 1998 the Haitian Roving Patrol was responsible for reducing robberies in the mostly Haitian Osceola Pa~k area
by 53%. Also in 1998, the Haitian Roving Patrol was responsible for a 98% reduction in armed robberies in the Delray Square Shopping
Plaza. In 1998 the City of Delray Beach presented the Haitian Roving Patrol and the Hakian Citizens Police Academy as one of their
three programs in their bid for another All America City rifle; and
WHEREAS, even through the City did not get the All America City tide on this attempt it should be noted that many of the
I-hinma Roving Patrol and their families went to Mob/lc Alabama with other representatives from Ddray Beach to help present this
program to the world, taking on a lot of responsibility along the way. Because these programs were so unique to America, they were
quiddy noticed by representative from the Pew charitable foundation as they were searching the 1998 All America City applications for
something out of the ordinal; and
WHEREAS, the Pew charitable trust was about to embark on a project called INDMSIBLE. They were looking for 12
un/que grass roots projects throughout the United States to promote in a book called LOCAL HEROES CHANGING AMERICA.
The I-Iaiti.m Citizens Police Academy and the Haitian Roving Patrol were chosen as one of the twdve sites to be highlighted in this
inspiring projea.
WHEREAS, this book is now a reality. Our City is held up to the world as being a city who reaches out to it's Haitian
residents by making them pan of the community and a pan of Amefic~ Since the Haitian Roving Patrol began its members have given
many hours of their time away from their families for their community. They have all positivelypromoted this police department as well
as thls clty and this program.
NOW, THEREFORF. I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City
Comrmssinn do hereby commend the
HAITIAN CITIZENS i~OLICE ACADEMY
and the
HAITIAN ROVING PATROL
for their outstanding work in uniting the Haitian Community with the police and making Delray Beach a better place to live.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the Ci~ of Delray Beach, Florida, to
be afl. ed this 21 = day of November, 2000.
DAVID W. SCHMI]DT
MAYOR
Delray Beach .Police Department
300 West Ail5a6n:i)c2A4v3e_-~;;8 Del rFaaYx ~(~ ~4F1¢ r~d8~633444-3695
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Barbara Garito, Deputy City Clerk
Joseph L. Schroeder, Major/~,~..,~.,,,,~...~.
Deputy Chief of Police
October 23, 2000
HAITIAN ROVING PATROL PROCLAMATION
Please prepare the attached material as a proclamation to be presented to the Haitian
Roving Patrol at a future City Commission meeting. We will advise once a date has
been selected.
Thank you for your assistance.
JLS/ppt
Attachment
HAITIAN CITIZENS POLICE ACADEMY
HAITIAN ROVING PATROL
Challenged by language and cultural differences coupled with alarming Haitian
victimization and a sense of fear and mistrust towards authority, the Delray Beach Police
Department, community leaders, and residents joined fomes to establish a community
initiative to turn this around. In 1995 the Haitians Citizens Police Academy, believed to
be the first of it's kind in the Nation was formed.
Community activists and residents from the Haitian Community participated in a 10 week
program held at the police department which provided informative instruction on police
issues, code enforcement, city government, and other valuable information.
There was a great deal of emphasis directed towards establishing a positive
citizens/police alliance built around a strong sense of trust, respect and partnership.
The program was an overwhelming success and the Haitian residents fully embraced the
philosophy of partnering and teamwork to improve their quality of life.
Since 1995 the police department has run 5 Haitian Citizens Police Academies which saw
over 200 Haitian residents attend.
Afrer the first Haitian Citizens Police Academy, changes in perception occurred
encouraging residents and leaders to continue this positive move abd establish the Hatian
Roving Patrol
Because of this Haitian Citizens Police Academy, a volunteer Haitian Roving Patrol was
started with just 5 members from the first class.
The Haitian Roving Patrol currently consists of 14 creole speaking volunteers in marked
vehicles to patrol the city's Haitian neighborhoods as well as other targeted areas.
This increases the police presence in these areas which lends a feeling of security to
troubled neighborhoods.
These patrols are also used during special event to augment the regular police force and
use mobile phones and police radios to call in suspicious activity for police follow up.
The Haitian roving patrol has established clear lines of communication between the
Haitian Community and the police.
The Haitian Roving Patrol members have created a new sense of pride in the Haitian
community
In 1998 the Haitian roving patrol was responsible for reducing robberies in the mostly
Haitian Osceola Park area by 53%
Also in 1998 the Haitian Roving Patrol was responsible for a 98% reduction in armed
robberies in the Delray Square Shopping Plaza
In 1998 the City of Delray Beach presented the Haitian Roving Patrol and the Haitian
Citizens Police Academy as one of their three programs in their bid for another all
america city.title.
Even though the city did not get the title on this attempt it should be noted that many of
the Haitian Roving Patrol and their families went to Mobile Alabama with other
representatives fi.om Delray Beach to help present this program to the world, taking on a
lot of responsibility along the way.
Because these programs were so unique to America, they were quickly noticed by
representatives fi.om the Pew charitable foundation as they were searching the 1998 All
America City applications for something out of the ordinary.
The Pew charitable trust was about to embark on a project called INDIVISIBLE. They
were looking for 12 unique grass roots projects throughout the Untied States to promote
in a book called LOCAL HEROES CHANGING AMERICA.
The Haitian Citizens Police Academy and the Haitian Roving Patrol were chosen as one
of the twelve sites to be highlighted in this inspiring project.
This book is now a reality and is here. Our city is held up to the world on a national level
as being a city who reaches out to it's Haitian residents by making them a part of the
community and a part of America.
Since the Haitian Roving Patrol began it's members have given many hours of their time
away fi.om their families for their community.
They have all positively promoted this police department as well as this city and this
program.
WHEREAS, the global spread of HIV infection and AIDS necessitates
a worldwide effort to increase communication, education and action to stop
the spread of HIV/AiDS; and
WHEREAS, the Joint United Nations Program on HIV/AIDS observes
December 1st of each year as World AIDS Day, a day to expand and
strengthen the worldwide effect to stop the spread of HIV/AIDS; and
WHEREAS, worldwide over 30.6 million people are living with
HIV/AIDS, with the majority of those being men who pay less attention to
their sexual health and safety than women; and
WHEREAS, men's behavior often puts women at risk of HIV since of
that portion of the male population worldwide which reports having sex with
another man, many of those also have sex with women; and
WHEREAS, World AIDS Day provides an opportunity to focus on HIV
infection and AIDS by providing an awareness forum; and
WHEREAS, the 2000 World Aids Day theme, "MEN CAN MAKE A
DIFFERENCE" encourages all men to consider the potential impact of their
sexual behavior on their partners, children, families and community.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission do hereby
proclaim December 1, 2000 as
WORLD AIDS DAY
and urge all citizens to take part in activities and observances designed to
increase awareness and understanding of HIV/AIDS as a global challenge,
to take part in HIV/AIDS prevention activities and programs and to join the
global effort to prevent the further spread of HIV/AIDS.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Official Seal of the City of Delray Beach, Florida, to be affixed the 21st
day of November, 2000.
DAVID W. SCHMIDT
MAYOR
Seb Bush
Governor
Robert G. Broo~
November 3, 2000
Honorable Mayor
City of Delray Beach
100 N.W. First Ave.
Delray Beach, FI 33444
Dear Mayo~.
World AIDS Day will take place December 1, 2000 with the far reaching theme for "All Men to
Make a Difference." This broad based theme is a call to action for all men whether
heterosexual, homosexual, or bisexual to reverse the trends of this epidemic by overcoming
the cultural norms and stereotypes that have a profoundly negative effect on the spread of
HIV.
It is my hope that your municipality will take the initiative to proclaim December 1, 2000 World
AIDS Day. Through your proclamation you will be encouraging all citizens to take part in
HIVIAIDS prevention, promote an understanding of the epidemic, and join the global effort to
prevent the further spread of HIV/AIDS.
Enclosed please find a sample draft of a Proclamation for World AIDS Day and some
additional information on this deadly disease.
Jean M. Malecki, M.D., MPH
Director
P.O. Box 29, $26 Ev~aia Street, W~t Palm Bea~, FL 33401
Jeb Bush
Governor
PROCLAMATION
WHEREAS, the global spread ~fHIV infection and AIDS necessitates a worldwide effort to
increase communication, education and action to stop the spread of HIV/AIDS; and
WHEREAS, the Joint United Nations Program on HIV/AIDS observes December 1 of each year
as World AIDS Day, a day to expand and strengthen the worldwide effort to stop the spread of
HIV/AIDS; and
WHEREAS, worldwide over 30.6 million people are living with HIWAIDS, with the majority of
those being men who pay less attention to their sexual health and safety than women; and
WHEREAS, men's behavior often puts women at risk of HIV as up to a sixth of the male
population worldwide reports having sex with another man and many of those also have sex with
women; and
WHEREAS, World AIDS Day provides an opportunity to focus on HIV infection and AIDS by
providing an awareness forum; and
WHEREAS, the 2000 World Aids Day theme, "MEN CAN MAKE A DIFFERENCE"
encourages all men to consider the potential impact of their sexual behavior on their partners,
children, families and community.
NOW, THEREFORE, I , Mayor of , by virtue of
authority vested in me, do hereby proclaim December 1, 2000 as WORLD AIDS DAY and urge
all citizens to take part in activities and observances designed to increase awareness and
understanding of HIV/AIDS as a global challenge, to take part in HIV/AIDS prevention activities
and programs and to join the global effort to prevent the further spread of HIV/AIDS.
SIGNED AND PROCLAIMED this of
,2000.
Palm Beadl County Health l~padment
P.O. Box 29, 826 Evemia StreW, Wear Palm Beach, FL 33401
viorld AIDS Daj
Free Testing
"Men Can Make a Difference!"
Events
9am-12noon
Dec. 1
Children's Case Management Organization, Inc ~ TOPWA
2708 N Australian Ave. #13
WPB, FL
561-804-9441
9am-5pm
Dec. 1
Hope House
2001 P B Lakes Blvd.
West Palm Beach
S. E. 1st Street
Delray Beach
98 S. E. 4th Ave.
Belle Glade
10am-4pm
Dec. 1
St. James Missionary Baptist Church
1524 W. 35th St. Riviera Beach, FL 33404
5:00-8:00pm
Dec. 1
United Deliverance Church
Will be in the Mobile Testing Van
15th and Spruce in West Palm Beach
10am -7pm
Dec. 1
Glades Health Initiative
136 South Main Street ~ Belle Glade
Red Ribbons
Comprehensive AIDS Program
Red Ribbon Stickers distributed all week
To 7th --12th grade students in Palm Beach County Schools
2nd Annual Corporate Awards
8am Tuesday
Dec. 5
Honoring PB County Corporations and Volunteers for their
efforts in the fight against HIV/AIDS, The Crowne Plaza
WPB Belvedere Rd & Australian Ave.
W~llie Gary, Chandra Bill MC
Artspiration
6pm-9pm
Dec. 7
Thursday
Hope House of the Palm Beaches
An evening of Art, Music and Dance
Old School Square ~ Delray Beach
Free with a suggested Donation of $10
The AIDS Memorial Quilt
Dec 1-3
The AIDS Memorial Quilt will be on display at the Miami
Beach Convention Center
Auction and Cocktail Party
Dec 4
7pm Monday
CAP Worlds AIDS Day Awareness Week Auction and
Cocktail Party LuLu's Place/Masquerade Caf~
640 East Atlantic Avd. Delray Beach
Silent Auction Tickets ar $20
Entertainment, Appetizers and one Cocktail
Free door prize entry. Tickets are 100% tax deductible.
Underrights Holidy Projects ~ Holiday gifts for 1300 children
For information Call Michael Kelly 687-3400
A Day Without Art
Dec 1
CAP - contacting galleries.
Church Activities
Dec 1
7pm
St. James Missionary Baptist Church
1524 W. 35th St., Riviera Beach, FL 33404
"Order My Steps" AIDS Program
Candle light service. Ministers from various congregations.
Speakers include Mayor of Riviera Beach, Michael Brown.
MEMORANDUM
TO:
FROM:
SUBJECT:
iTY YOR AND CITY COMMISSIONERS
MANAGER
AGENDA ITEM ~ ]~ - REGULAR MEETING OF NOVEMBER 21. 2000
ABANDONMENT OF EASEMENTS, WITHIN THE NEW PUBLIX
DEVELOPMENT SITE
DATE: JULY 3, 2000
On May 18, 1999, the City Commission approved Resolution No. 28-99 which abandoned a portion
of N.E. 5~h Street and adjacent alleyways associated with the construction of the new Publix grocery
store on Federal Highway. Utility easements were retained over the enti~e abandonment area in order
to accommodate the relocation of utilites on the development site.
The utility work was completed and the relocated utilities were dedicated through the final plat
process (Danzansky Plat) which was approved by the City Commission on January 18, 2000. The
purpose of Resolution No. 96-00 is to abandon the utility easements that were retained under
Resolution 28-99 as they are no longer needed.
Recommend approval of Resolution No. 96-00.
Re f:Agmemo 10.Res.96-00.AbandonEasements. Publix
RESOLUTION NO. 96-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THOSE CERTAIN EASEMENTS RETAINED
BY THE CITY THROUGH RESOLUTION NO. 28-99, AS
MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, on May 18, 1999, the City Commission approved Resolution No. 28-
99 which abandoned a portion of N.E. 5th Street and adjacent alleyways, but did not abandon and
retained and reserved unto itself utility easements over the entire area thereof; and
WHEREAS, the relocation of utilities on the development site has been completed,
and said relocated utility easements were dedicated to the City through the Danzansky Plat which
was approved by the City Commission on January 18, 2000; and
WHEREAS, the utility easements retained to the City by virtue of Resolution No.
28-99 are no longer needed and the City Comrmssion of the City of Delray Beach, Flotida, finds
that its interest in the described property is no longer needed for the public good and deems it to
be in the best interest of the City of Delray Beach to vacate and abandon said easements, based
upon positive findings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all
right and interest it holds to the easements retained and resetwed to the City by Resolunon No. 28-
99, passed and adopted by the Dekay Beach City comrmssion on May 18, 1999, a copy of which is
attached hereto and made a part hereof.
2000.
PASSED AND ADOPTED in regullar session on this the 21" day~f Noveliaber,
MAYOR
ATTEST:
City Clerl~ r
RESOLUTION NO. 28-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA ("CITY") VACATING AND ABANDONING THE ALLEY
MORE PARTICULARLY DESCRIBED ON EXHIBIT "A' ATTACHED
HERETO ("SOUTH ALLEY"), BUT RESERVNG AND RETAINING TO THE
CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE
UTILITIES OVER THE ENTIRE AREA OF SAID SOUTH ALLEY; ALSO
VACATING AND ABANDONING THE ALLEY MORE PARTICULARLY
DESCRIBED ON EXHIBIT "B" ATTACHED HERETO ("NORTH ALLEY"),
BUT RESERVING AND RETAINING TO THE CITY A UTILITY
EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER
THE ENTIRE AREA OF SAID NORTH ALLEY; ALSO VACATING AND
ABANDONING ALL THAT PORTION OF N.E. 5TM STREET AS MORE
PARTICULARLY DESCRIBED ON EXHIBIT "C' ATTACHED HERETO
("ROW"), BUT RESERVING AND RETAINING TO THE CITY A UTILITY
EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES
THROUGH THAT PORTION OF THE ROW GRAPHICALLY DESCRIBED
ON EXHIBIT "D" ATTACHED HERETO ("ROW EASEMENT AREA").
WHEREAS, the City received an application for abandonment of the South Alley; and
WHEREAS, the City also received an application for abandonment of the North Alley; and
WEREAS, the City also received an application for abandonment of the ROW; and
WHEREAS, the City Commission of the City finds that its interest in the described property is no
longer needed for the public good or purpose and deems it to be in the best interest of the City to vacate and
abandon (for roadway purposes only, it being the intention that the City's rights in and to the utility
easements herein reserved are not so being abandoned and vacated) the North Alley, the South Alley and
the ROW, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but the City does not
abandon and retains and reserves unto itself a utility easement over the entire area of the North Alley, the
South Alley and the ROW Easement Area, for the purpose of emergency access and constructing and/or
maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other
facilities used for various public utilities within such areas, whether owned by the City or private
corporations; and
WHEREAS, it is the intent of the City Commission of the City that this resolution not be recorded
until the developer of the project contemplated by the "Site Plan" (as hereinafter defined), Equity Partners
Seven, Ltd., a Florida limited partnership ("Developer"), owns all of the .properties more particularly
described on Exhibit "E" attached hereto ("Property"); it being acknowledged, that once all of said
properties are owned by said developer, this condition shall be deemed satisfied; and
WHEREAS, the Developer has represented to the City that it intends to plat the Property, together
with the North Alley, the ROW and the west half of the South Alley, as one tract (collectively the
"Development Site"); and
WHEREAS, the City has relied on this representation in the abandonment of the North Alley,
South Alley and ROW; and
WHEREAS, it is the intent of the City Commission of the City that this resolution not be recorded
until that certain site plan submitted to the City under City submission no. 99-113-SPF-SPR, sheet SP.01 of
site plan, dated March 18, 1999 and prepared by Marc Weiner ("Site Plan") is approved by the City; it
being acknowledged that upon approval of the Site Plan by the City, the City shall forthwith record in the
Public Records of Palm Beach County, Florida, a resolution from the City evidencing the approval of the
Site Plan, and upon recordation of said resolution, this condition shall be deemed satisfied; and
WHEREAS, it is the intent of the City Commission that, in the event the foregoing two conditions
are not satisfied on or prior to a date which is one (1) year from the date this resolution is approved by the
City Commission, the City Commission may revoke this resolution; which revocation shall be evidenced
by a resolution of the City for such purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby incorporated herein by this reference.
Section 2. That pursuant to Section 177.101(5) and Chapter 166 of the Florida Statutes, the City
hereby vacates and abandons (for roadway purposes only, it being the intention that the City's rights in and
to the utility easements herein reserved are not so being abandoned or vacated) all right and interest it holds
in and to the North Alley, the South Alley and the ROW, but does not abandon and retains and reserves
unto itself, a utility easement over the entire area of the North Alley, the South Alley and the ROW
Easement Area for the purpose of emergency access and constructing and/or maintaining, either over or
under, the surface, poles, wires, pipes, sewers, drainage facilities or any other facilities used for various
public utilities within such areas, whether owned by the City or private corporations.
Section 3. In the event the surface poles, wires,' pipes, sewers, drainage facilities, or any other
facilities lying within the easements herein reserved are, in the future, relocated pursuant to applicable
permits obtained from the applicable governmental authority having jurisdiction thereof, the City hereby
agrees that the easements herein reserved shall be vacated and abandoned by appropriate action of the City
Commission, it being acknowledged that in such event, the easements reserved herein will no longer be
needed for the public good or purpose.
Section 4. The Development Site shall be platted as one tract and developed in accordance with
the Site Plan approved by the City, subject to such changes or modifications thereto as may be approved by
2 RES. NO. 28-99
the City. In this regard, upon acquiring ownership of all the Property, the Developer shall execute and
record in the Public Records of Palm Beach County, Florida, a Declaration of Unity of Title in the form
attached as Exhibit "F".
PASSED AND ADOPTED in regular session on this the _~c~of~
/ --/---- -
A~TEST: ~ ,/~-.~, .
city Clerk ~ z
3 RES. NO. 28-99
EXHIBIT "A"
SOUTH ALLEY
£0:9T ~ 66/TT/$0
AV{{~O~ & 1550Cl.4Tf~$ IIfC. TE[,;561
SKETCH OF DESCR TZON
OF 16.O0 FOOT A~EY WAY
CON~OUS TO ~ ~ 4. ~ ~D 6. HA~ AND CROO~AN'~
P, 006
LAND DESCRIPTION:
A portion of · tB, OO f~t Alloy Wgy bet~'en Lots ~ ~, ~ ~nd ~, HALL~ AND
~BD~. o~Olng to f~e Plot t~f ~s ~orded ~ Plgt ~oak ~ Pe~c 4 of the Pub#c
the Plot thereof o~ ~d ~ ~lot Book ~ Po~ 204 Df the Pubflc Records of Pol~ Bench
~MENC[N~ et the ~eoEf c~er Df ~M ~aGt 'A~ th~ce ~g~8'25"~ ManE the no~h
I~e of so~ T~ct 'A~ I~0.~ (~t to the n~e=t c~ of ~id Treat 'A' end the
eaeterly ~teneion, I~ feet ~o the s~theast c~er af ~ffd Le~ B; ~enco
al~o the ~zt I~e of so~ Lots ~, ~ 5 ~d 6, a diet.ce of EO0. O0 ~et to t~e
~mer of ~old Lot J: three NSg~8~5~ ~g the eoEt~ ext~slon of the n~Jh I~e of
~id la~ I~ and situate ~ ~e City of Del~y Bea~, ~m g~ch C~nt~ Ronda,
~2~ squ~e feet, GOXJ oc~e~ m~ ~ less.
N D TES~'
1. ffeprG~uctic~e of this ~ketch ~re not ~ wither the ~oture ~d the ori~ln~
that there a~ ~eds, Egzcments, ~ other hsf~ments (receded ~ un~c~) which
offset the ~b~=t pr~t~ No ~ of the ~bl~ R~ bee be~ m~e b~
3. ~e I~d descdpt~ ~o~ h~on woo p~pared by the
Map o ~d N~ 5, Sect[~ ~OI-20B. dot~: ~ ~ 1959. with the ~nt~l~e of
A~nue, he~g · be~i~ of N01~'35"~
5. Dote ~o~ here~ wa~ ~tTed ~ ~m~(~) of re~ ~nd doe~ not constitute
boundary ~u~
6, Abere~bon Legend: A~ -- ~nue; ~ - CenteHine: ED.O.Z - ~orldo D~o~ment of
R~ = Rlght--of-~ ~. ~
CERT. rF~GA 7ZON:
,[ HERE~Y CE~rFY ~ot ~ attached ~teh ~d ~t~ of ~e h~ descr~
Ma~h 2~ I~99. ff ~R~ ~Y t~t ~ ~et~ end De~lptl~ meets the MIn/n
Tech~l~l StondD~s set forth In ~ter 6IGI7-B, ~1~ A~ln~t~ti~ Code.
$eetl~ 472.02~ ~i~ 5totute~
F'lor~a ReEIstration No. J26B
AVZROM & AS~OCJAT~S~ ]NC.
L.~ No, 3300
91/60'd £0:91 Jill 66-I1-^U~
MAY.-H'99(TUE) H:4S k¥]£0~ & ASSOCIATES INC.
?, 007
SKETCH Of DESCRIPTiON
OF 18.00 FOOT ALLEY WAY
(3ON'F'[Q~JOU~ TO Lo're~ 3. 4. 5 AND ~. HALL~t~ AND GROOTMAN'$ &: TRACT ~'A", DU'~LZN PROPER'r'~F'S '1, Ll1~.
lOT 1 LOT 18
MALL~R a SUBDIVI$10__N
L~T ~ LOT 17
LOT 6
LOT 8 z
TRACT "A"
DUBLZN
PROPERTIES Z,
O'.o. ~7. I~. ~ -
TRACT IA'
DUI~I-[N
PROPERT'[E'~ ~, L'~,
(P.a. S?. PO. !04.
8g~28'25
3.00'
9[~LO '~
[FTLG ON ~/~£] ~0:gT ~ 66/TT/~O
EXHIBIT "B"
NORTH~q,~LEY
9 T/BO 'd ~0: 9 T ~rl..l 88- [ I
MA¥.-II'~(?UE) 12:43
,~VIRON & A$$OGIATE$ lNG, TEI,:$6] 394 ?125 P, OOZ
SKETCH OF DESCR]'P'I-ZON
16~ ALLEY ABANDONMENT
LAND DESCRIPTION;
AtGoo foot Alle~ )Fo~, betweett Lots 8
~ ~A ~ ~., ~d~g fo the Plat ~f ~ ~0~ ~ Plot Bock S. Po~G 3 o~ the Public
Records of Palm Beo~ Count~ Rorldo, TO~ER ~ o portion =f a 16.00 foot Alloy ~y
~M~N~NG af ~he cm~e ~ersecti~ of
a 60 foot ~ght--of--wo~ ~d N.~, ~th
D~t of Tr~fail~ Ri~ht-of-~
Iga9: thongs Sa9~'25'~ oleg t~e
point h~nafter ~d to e~ R~N~ P~ZNT
~or of sam Lot B; ~nence NO1~B'J5'~ ~g ~e east line of ao~ Lot~ ~ through 1~, o
~rance of ~2~,80 r~t to the n~th~t ~r of sold Lot 1~ th~ N89~8'25'~ ~ong the
~eH~ e~ensl~ of ~he n~h I~e o~ ~id L~f I~ o d~=e of I~.OD ~ef to f~e ~hwest
~E~ER ~:
C~EN~ a~ the a~ntt~ ~N~NT
~west ~or of ~i~ Lot I~ ~ the POINT OF BEGZNNZNG: th~ce ~I~8~'~ ~ong the
N~B'25'E, ~ong the eeet~y ext~on of the no~h ]~e ~f ~ Lot 1. o distance of 16.00
feet to the POINT O~
Sa~d lo. da I~ng m~d situate In the City of D~
6.791 s~luo~e feet, a156 acres, more or less.
NO TE$:
I. Reproouc~lons or this Sketch arm not va
s~l of o Florldo lic~noed Surveyor md me
2. Mo ~tle ~l~ 4r ~t~ot te the ~ub,
affect ~e ~b~f p~ NO ~ Of ~
~e land ~f~n aho~ ~e~ ~e p~
Awnue, ho~g o bearing or
Abbre~tion Leg~d: A~. ~ A~ue; C ~
ly Beach, Palm 8each County, F?orido, so. toiling
' without the $ionoture ~nd the orlgin~l roisecl
'.t ~rapertj, hoa baen pro~ded. ~t i$ possible
no~rument~ (rl~-~le~ or unre~)
Public Re~dz hos b~ mode b~
~de D~ar~f of T~ap~rtutlu.
rronsportotlon: L.B. m Licensed Businos~ Ia. = Plat; P.E. ~ Plot Book; P.B,C.R, = Palm
County Reco~
~CA ~:
9T/60'd SO:gT 3R£ 66-Ti-AV[
SKETCH OF DESCRIPTZON
16' ALLEY ABANDONMENT
N.E. 677'/
L~~ ........
.... ~%
I~~ .........
~]/
.....
~ ~l"~ 2~'_~.
LOT ~
~' I ~ I P.~r~s
9[/O['d 90:gl 3fi£ 86-11-AV~
' [~TZ~ O~ ~/~Z] £0:9! 3_~LL 66/TT/~O
90:94
AVIRON & ASSOCIATES INC. TEL:$H 394 7125
SKETCH OF DESCRIP ON
N.E. 5TH STREET ABANDONMENT
P, O04
c~ter~ of ~d ~E, ~ $I~C ~.~ f~f ~ · ~t on ~ ~ emcn~n of t~ w~ r~ -
~rfh~ ~f~n, 39.84 feel Io o ~t on t~ s;~h r~t-of-~ ~ of s~ NE. $t~ Sfr~t ~g
the ~ Of O f~t ~ve. C~ tO ~ ~ufh~s~ ~ ~ fO S~ ~f ~ ~l~ I '~5~);
' fh~Ge ~rth~wter~ ~ the ~c of s~ ~, ~g o ~ of f~ feet. o ~nfr~ ~ of
~f ~f-ef-~ ~ e( ~ ~M AW ~ ~ ~ ~ul~ ~) o ~ fool ~f~f-~y ~ ~
the ~c of o f~geflt ~ve. ~0~ ~ ~e ~sf fro~ ~e ~ s0~ ~o~f b=~$
feet, O ~ ~ of 89'E3 ~' ~ m ~ ~t~e of Z3.40 f~fi ~e ~9 28'g5~, g41.00
ona ~t~ce~ be~ ~c~f with ~ ~h r~l~f-~y ~ of $~ ~E. 5th SlreeD; th~
Ro~ ~. 5, ~clion ~01-~ ~ ~y ~ 195~ Mth tM ~f~ of ~ 6~ A~, ~g o
9t/ZI'd L0:g[ an± 66-TT-A~
MA¥,-II'gg(TUE) 12:46
A¥1ROM & ASSOCIATES l~C. TE6:~6t 3¥4 7125
SKETCH Of DESCRIP'rION
N.E. 5TH STREET ABANDONMENT
P, 00~
~,T, ALE; I' · 40'
S B9'88'~5' W ,
R(/l~.$. I) NORTH BOUND N.E. 6TH AVE.
(~0 ~ O'ER F.O.O.T. fU'W M4P OF RO4D NO. 5. S;CTION 9301-~0~ D4 TEO~ ?/0
; 01'08'X§" E
40.16'
~90o37'00"
A-23.'~'
Iv'OF'MAN ADDITION
TO DE'LRA T. F'LA.
LOT 30 LOT :~I
16' W.[D£ ALLEY' (PJ
HOFMAN ADDITION
TO J~LRA 'r', [:'LA.
LOT 9 LOT 8
R=15.00'
I A-P3.40'
I~ E
A=2;5,40' I
HALL~R &
5U~DIV'ISION
m,~ 5. p6. 4 - p,,BZ;R.J
LOT 18 LOT 17
Z
16' I~ ALLEY'
R~W ~
HAD. ER &
SUBDIVISION
LOT I / LOT ~
/
R-15.00,
00"
A-23.7I'
-1
LOT ,~
EXHIBIT "D"
ROW EA5EIVIENTAR. EA
Ilal'. -11' ~9 (TUE} 12:¢4 AVIRON a ASaOGIAT6$ llIG.
J SKETCH OF DESCRIP~ON
[ , 16' ALLEY ABANDONMENT
~ SC~ I = SO'
I ,--/~o, ,, "'" I.~,:~:~/
~1 ~ LOT 12 ~. LOT
I ~' I ~ /
' ] ~ LOT 10
I ~ I ~ / LoT, . .
I ~1~
I .....
~ I ~ LOT 3
· I ~ I ~ 1 ~o~[~
I'ROPERTIE$
LAN. D DESCRIPTION:
Lots I, 2. md $, LES5 the west I0 feet of so~ ~fs eW Lots 17 ~xf IE~ LESS the ~l 5 feet of s~ Lots ~ LEB~
fh~ ~'fion~ r~l-of-~oy for ~ ~w~ ~, ~LL~ ~ GROOT~'5 ~[V~[~ occor~g fo/he ~t
thereof on f~e ~ l~e Off~'~ of fh~ C~r~ of the ~c~t Co~l ~ md for P~ Beach Co~/~, FlorMo recorded
~af Book 5. P~e 4; se*d ~s ~luofe, ly~ md b~ ~ P~ 8each ~fy, F~rMo.
Let al, LESS the west I0 feet hereof for rood Hght-of-woy, I~LLER AI~) GROOTM~N'5 5UBDIVIS/~
~cord~g fo l~e ~f f~f ~n f~ ~ f~ Off~ of f~ ~ of the ~c~t Co~f ~ ~d for ~ 8each County.
Lots 8 o~d 9, of HOFMAN ADOIT[ON TO DELRA Y, F'LA., acco~g lo ~ Plot ~eo~ os recor~ed ~ the
Office of ~e C~k of the ~c~f Co~f ~ md for P~ Be~ Co~fy, ~br~, ~ Pidf Boo~ 5. Page 5. LESS
Ihot ~rflon of f~ ~oper~y ~ev~us~ conveyed'by ~c~ W~rmfy Deed ~ted De--er 30, 1959 ~d
recorffed J~y ~, 1960 ~ Off~ Re.res 8oo~ ~4~ P~e 37[ ~s~ed as the ~esf I0 feel of Lots 8
~ 9, H~N 4~[T[~ TO ~RA ~ ~A. e~ e ~rfbn of Lot 8, ~MAN ~flirl~ TO DELR4 Y, FLA.,
~s~ib~ os foEows, f~om o po~l on the south ~e of s~d Lot 8, b~fed I0 feet easterly from f~ we~t ~e
of s~ Lot 8, ~ eesferly ~ong ~ ~oulh ~ for o ~sf~ce of 14.84 feet; f~nce run Norfhe~sfer~/~ong
o curve concave fo the northeast ~ hov~g o r~us of 15 feel for g ~s~e of ~3.40 feet, t~ou~ o cenfr~
~e of 89 d~ccs 25 ~les ~ seco~s fo o ~f on o ~ p~el ~lh ~E I0 feet eusl~ly f~m lhe ~sl
~e al s~d Lot 8; f~ce run South O[ ~ee ~ ~fes 05 seco~s East ~flg sddp~l ~ne, for o ~sfonce
of 1484 feet to I~ POINT ~ EGI~INO, s~ ~ds ~f~, ~h~ ~ be~ ~ P~ Be~ Comfy, F~rM~
AIVO
Lot I0, LES5 t~e west I0 feet os Gonve),ed fo the Stole of Flor/do ~ OfflcJ~ Records Book 519, P~ge 56,
Lot l! and the South Half (S I/2) of Lo! 1Z, LES5 the wes1 I0 feet thereof, os conve),ed to the S/ore of
Florida in Ofticigl Records Book 480, Page Iii', HO~IVI~N ADDfT.rOIV TO OELRAT, FLA., occor~ng fo the Plot
Ihereof, recorded in Plot 8oak §, Page 3, Public Records of Porn Beach CountX, Florida.
TOGETHER W/TH,
~ofs £6 ~ g7,, HO~M~N 4DOITION TO ~LR~ ~ ~A. ~co~ fe Ihe ~f fheree[ on f~ ~ /be Off~e of
t~ C~ of ~ ~f Co~f ~ ~d for P~ Be~ Comfy. F~ r~co~ed ~ ~of Book 5. P~ge 3; s~ /~
sit~fe, ~g md b~ ~ ~ Beth Comfy, Fbr~o.
LESS ~ eesf 5 feet ~eo f ~ ~S$ o ~W of ~d ~ Lot Z~ ~,'e ~li~ly ~s~ed ~ folows:
~rom o pouf off Ihe ~rlh ~e of s~ Lot 26 ~cot~ 5 feet Wesler~ fram fh~ ~rfheosf corer of =~ Lot ~
r~ Wesl~ly ~ s~ ~rlh ~ for I~84 feet; f~,rm ~u/~o~f~y ~ong ~ c~ve co~ove Io t~ sou~wesf
~d ~v~g g r~b$ of 15 feet for ~3.40 fee/f~eugh o ~n/r~ ~g~ of 8~ ~gree~ E~ mhule$ O0 5eco~s
Io e pouf on g ~ ~d w/lb md 5 feet wes~y ~om f~ eg~f ~ of s~ Lot ~' t~e ~ Nort~ Oi de~ees
~ ~tes 35 &~n~s Weal, ~ s~ ~ ~e /o~ 14.~4 feet/o ~e POINT ~ 8EGI~ING,
Al of Lot 29~ LESS the cost 5 feet lf~'eof, Yne roi'th IB. Oq feel of ~ ~sf 81.07 feet of t~ ee~f 86.07
~f Lot ~ ~ t~ ~st 4~9~ f~l of s~ Lot ~ ~ t~ ~s/ ~.gJ feet of Lot 3[ ~N ~]T]~ TO
P~ 8e~h Co~f~ ~ ~rd~ ~ ~f 8oak ~ P~ ~' S~ ~ds sif~le, ly~g ~ ~ ~ P~ Beech
The eouth 31.9~ feet of ~he east B6.0~ feet of Lot Z~ mci the east B6.0Z feet of Lot 31, LESS Ihe east 5
feet, PI~fAN AOO[TI(~V TO O~L~ FLA.. ~ lo t~ ~f fh~eof on ~e
of Ihe C~c~f Co~t h md for P~ B~ Comfy. Fbrido r~or~d ~ P~t Book 5, Page
· TOGETHER WITH
Lol 5, I4~LLER AND GROOTMAN'$ SUBDZV,[S. rON. ~ccord~g fo t&e Plot thereof on [~ in f~Se Office of t~e
Clerl~ of he C~rcu# Co~t't ~ ~ for ~ ~e~ Co~f~, ~ r~r~e~ ~ ~f ~ook 5, ~ 4; SO~ ~S
£O/ZO'd ~[:~l NHI B6-EI-&V~
LESS IS west I0 feet thereof conveyed to the Stole of ~'IOr~O for ri~ht--of-wo.v et' Stole Rood No. §, in
Offld~l R~c. or~l.~ Elook 4t30. Mego 115. of the Pu~'c Records of
Lot 6, LESS the west I0 fed fhercof conveyed fo Stole of Flor/do for rlghf-of-woy of S~ole Rood NO. 5,
in Off/clef Records Book 4BC~ Poge 11~. ~LLER ~ ~OOTM~N'S S~D]V]~]~ ~o~g fo the P~f
thereof on ~ h f~ O~fice of t~ ~r~ of f~ ~t Co~t ~ ~d for P~ O~och ~uflty, ~lor~o r~cord¢~ ~
P~f 8ook 5, Poge ~; ~ I~s ~t~le, ly~ m~ ~g ~ P~m Beo~ Co~fy. Florida.
The following de~d Im~ ~f~fe, ~ ~ ~ ~ the ~t( of P~t, B~t ~ 5tole of F/orMo, fo ~t:
8~ o p~/ of f~ ~ ~re f~f ~n~E fo ~E ~ ~1 ~ E~or ~e/ b~ ~e~ of record ~ ~ Book
74~ P~e 357~f l~ P~ R~cords of P~ Beo~ Comfy, F~r~. md ~g ~ the Nor/h~f
Lot 15 md ~ ~rfh ~f ~ I~) of LOt IZ Of ~e ~N A~IT~ TO ~L~
~ ~f Book 5, Po~ ~, of ~ P~ ReceSs of P~ 8e~ ~fy,
Berg I~ s~ ~ ~nvexed by W~r~ly ~ed lo I~ O~e~/or h~ OX ~d ~ Gofld
~ ~ffe dated Febm~y [ 1954 ~ ~corded h ~ed Book 1~3, Po~ 463, ~ Ihe Office of lhe
~c~f Co~l, ~ 8e~ Comfy,
LESS end EXCEPTING ff~f certain porcd of ~ conveyed by a .epee/et Worronfy Deed from Amc.teen
Telephone ~nd Tele~ph Company fo the Stoic of Flor/do d~ted Morch 30, 1960 md recorded in Deed Book
495, Pgge 64f. of the C-Jerk of Circu/t Cou~f, Po~w Beech Co~fy, FibrW~. I~e~g more porficulorly described as
follow~, 1o
West I0 feet of Lot t3 or~ the West I0 feel of the North H~lf [N 1/2) of Lot 12. HOFM~N ~DD.rT~ON TO
TO OELRA ); f-LA., occord~g to /he P/of /hereof, os recorded in P/~f Book S, Po~e S, Pole Be~ch County.
Pubic Records.
ALSO EXCEPTING: , ,
~d Lot t~. Iocoted ~0 feet Eosterlv from the northwest
~rom o po~f on the north ~e.~f s .... ~. t~ ~ feet' t~ence
Lei 13. r~ ~osterly ~O~ SOlO ~?n ~.~';~ ~ ~ feet
minul~s ~ second5 fo o ~f on a ~e p~el w/Ih ~E I0 feet Eosterl~ from fh~ West ~e of s~ Lei
13; thence r~ North O I ~ee 08 ~ules 05 seconds West ~ng s~d ~o~el ~e, for 1~. I6 feet to the
-T~ETRE~ WT?H
Lei R~ ~N ~ITI~ TO ~Y, FLA., ~ ~ tM ~fP~ft~fBook°n 5 f~P~k' ~5;OffiCes~d ~d=of ~esi~le.C~k
of f~ ~t COwl ~ md for P~ B~ ~mty, F~ ~d ~ .
~hg ~ ~ ~ P~ ~ Comfy, ~
~5S A~ Ex.PT:
Eost 5 f~t of Lot 28. H~MAN A~IT[~ TO ~LRAY. F~.. ~cor~g
~t ~ok 5. P~ 3, P~ Be~ ~mfy ~ R~rE~ ~nt~ ~50 s~e feet, more or est
EXHIBIT "F"
DECLARATION OF UNITY OF TITLE
0617,,99 THU 09:03 FA2[ 561 278 4755 DEL B£'H CTY ATi~' ~ ('ITl HALL ~002
Prepared By: R~TURN TO:
R. l~rian Shutt. Esq.
City Arton~ey's Office
200 lq.W. 1st Avenue
De[ray Beach, Florida 33444
DECLARATION O~ UNITY OF TITLE
KNOW ALL MEN BY THESE PRESENTS, that pursuant to the ordinances of the
City of Delray Beach pertaining to the issuance of building permits and regulating building
construction activities, the undersigned, being the fee owner(s) of the following described real
property situated in the City of Delray Beach, County of Palm Beach, State of Florida, to-wit:
do(es) hereby make the following declarations of condition, limitation and restriction on said
lands, hereinafter to be Known and refen'ed to as a Declaration of Unity of Title, as to the
following particulars:
1. That the aforesaid plot of combination of separate lots, plots, parcels, acreage or
portions thereof, shall hereinafter be regarded and is hereby declared to be unified
under one tide as an indivisible building site,
2. That rite said property shall henceforth be considered as one plat or parcel of land, and
that no portion thereof shall be sold, assigned, transferred, conveyed or devised
separately except in its entirety as one plot or parcel of land.
The undersigned further agree(s) that this Declaration of Unity of Title shall constitute
a covenant to run with the laud, as provided by law, and shall be binding upon the under-
signed, their be[rs, successors ~nd assigns, and all parties claiming under until such time as the
same may be released in writing under the order of the Clfief Building Official of the City of
Delray Beach as provided in Section 7A.3 of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida. If the release is not given by the Chief
' ' Official, an appeal from such determination may be taken to. ~e Bo~d .,of
Building ........ ,-~- -~-,~ insn'ument shall be p~acea ot recora m nsc
Adjustmeut. The un~Xersl~e~ atso agreet~ u~a~ u~ .
office of the Clerk of the Circuit Court of Palm Beach County. Flotada.
06'17 99 THU 09:04 FAX 561 278 4755 DEL BCH CTY ATI'Y -~-,-, cI'rY HALL ~]oo3
Signed, sealed, witnessed and acknowledged this
199 , at , Florida.
Wire, ss #1:
day of
(name printed or type written)
(name printed or Pipe written)
(address)
Witness #2:
(~a~e printed or type written)
State of Florida
county of Palm Beach
The foregoing instrument was acknowledged before me this __
, 199_ by
day of __
, who is personally known to me or who has produced
(type of identification) and who did (did not) take an oath.
Signature of Notary Public-
State of Florida
Print, Type or Stamp Name of
Notary Public
2
[ITY I]F I]ELR;lY BE;I[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) 243-7090
1993
MEMORANDUM
DATE:
November 15, 2000
TO:
FROM:
SUBJECT:
City Commission
David T. Harden, City Manager
Jay T. Jarnbeck, Assistant City Attorney
CRA Quiet Title Action on 37 N.W. 10'
kvenue, Delray Beach
The CRA has fried a quiet title action naming the City as a party in order to clear
the title to the above-referenced property so that the property may be used for affordable
housing. The City has twenty-four (24) nuisance abatement liens recorded against the
property and one (1) demolition of structure lien. All of these liens were recorded prior
to CRA's acquisition of the tax deed for the property. Pursuant to Section 197.552,
Florida Statutes, City liens survive the issuance of CRA's tax deed.
All of the City's nuisance abatement liens result from a violation of Section
100.01 of the Code of Ordinances of the City of Delray Beach which requires that a
property be kept free of debris, vegetation, or refuse. The total amount due to the City
on the nuisance abatement liens, with interest calculated through the end of November is
$4,318.43. The total amount due on the nuisance abatement liens, excluding interest of
8 percent per annum, is $3,189.37.
The demolition lien reflects the cost of demolishing the structure that previously
existed on the property along with a 10% administrative fee. The total amount due to the
City on the demolition lien, with interest calculated through the end of November is
$5,229.29. The total amount due onthe demolitionlien, excluding interest of 6 percent
per annum, is $3014.00.
The CRA has offered to settle this lawsuit with the City for the principal and
administrative costs for the demolition lien, which totals $3,014.00. This figure would
not include any payment for the nuisance abatement liens or the interest on the
demolition lien, which together amount to an additional $6,533.72. This offer by CRA
is consistent with the City and CRA's past practice with regard to City liens that exist on
CRA-acquired property.
If the City accepts CRA's offer, the City would release all liens upon the subject
property after payment was received, and the lawsuit against the City would be
ultimately dismissed.
By copy of this memorandum to the City Manager, our office would request that
this item be placed on the agenda for the November 21, 2000 City Commission meeting.
If you have any questions, please do not hesitate to contact me.
CC:
Alison MacGregor Harty, City Clerk
Lula Butler, Community Improvement Director
Diane Dominguez, Executive Director, CRA
Douglass A. Kreis, Esq.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~.~ - REGULAR MEETING OF NOVEMBER 21, 2000
BUREAU OF JUSTICE ASSISTANCE FY 2000 BLOCK GRANT
DATE:
NOVEMBER 17, 2000
This is before the City Commission to accept the FY 2000 Bureau of Justice Assistance annual
block grant in the amount of $189,985.00 and approve the recommended allocation of funds.
The grant will be used in the following areas:
1. $25,000 for the Police Department's Volunteer Program;
2. $110,000 for overtime;
3. $19,000 for equipmem;
4. $50,000 for the department's network engineer; and
5. $7,090 for recruiting efforts.
The grant requires a funding match in the amount of $21,105.00 from the City. The matching
funds will be provided at the mid-year budget adjustment.
Recommend acceptance of the FY 2000 Bureau of Justice Assistance annual block grant and
approval of the recommended allocation of funds.
Ref:Agmemol I.FY 2000 Bureau of Justice Assistance Block Grant
Request to be placed on:
2000
AGENDAITEM NUMBER: ~,~-.
AGENDA REQUEST
Date:November3,
__X Consent Agenda __ Special Agenda __ Workshop Agenda
When: November 6, 2000
Description of agenda Item: Request City Commission's approval the Departments annual BJA
Block. The amount of the grant is $189,985.00, with a City match of $21,105.00. The grant will
be used for the following areas, $25,000.00 for the Department's Volunteer Program,
$110,000.00 for overtime, $19,000.00 for equipment, $50,000.00 the Departments Network
Engineer and $7,090.00 for recruiting.
ORDINANCE/RESOLUTION REQUIRED:
Draft of reselution Attached:
Recommendation: Approve
Department Head Signature:
YES NO X
YES NO
Determination of Consistency with Comprehensive Plan:
City Attomey Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes __ __ No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: (~ ~'~ No
Ho,d unt,:
Agenda Coordinator Review:.
Received:
Action:
Approved Disapproved
P.O. #
Delray Beach .Police Department
300 West Atlantic Avenue Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
City Manager ~j~
Richard G. Overman
Chief of Police
November 3, 2000
BLOCK GRANT 2000
The enclosed Commission Agenda Request form is for the Commissions
approval of the Bureau of Justice Assistance (BJA) annual block grant. The
Commission's approval is the last step in the BJA's required review process. All
other requirements have been met.
The agenda form lists the total of the grant, the City match and how the
Department will spend the grant once it is received. The Department will request
the matching funds at the mid-year budget adjustment.
Should you or any member of your staff have any questions, please contact Mr.
Junghans at extension 7852.
DJ/
Enclosure
cc: Dir. Junghans
Police Planner Madno
U.S. Department of Justice
Office of Justice Programs
Bureau o. f Justice Assistance
Office of the Director
Washingto~ D.C. 20531
September 30, 2000
Mr. Harden
City Manager, Delray Beach City
100 NW 1st Avenue
Delray Beach, FL 37. a?. 2612
RE: Fiscal Year 2000 Local Law Enforcement Block Grants Proglam
Dear Mr. Harden:
I am pleased to inform you that I have approved the application for funding under the Bureau of
Justice Assistance's (BJA) Fiscal Year 2000 Local Law Enforcement Block Grants (LLEBG)
Program in the amount of $189,985 for Delray Beach City. The purpose of the LLEBG Program
is to reduce crime and improve public safety. This Block Grant Award may be used for any of the
purpose areas described in the statute.
Enclosed you will find the Grant Award and Special Conditions documents. If you have any
programmatic questions regarding this award, please contact BJA's State and Local Assistance
Division at (202) 514-6638. In addition, all financial questions regarding this award should be
directed to the Office of the Comptroller, Customer Service Division at (800) 458-0786.
I look forward to a continuing partnership with Delray Beach City in fuatterance of this impo~amt
criminal justice program.
Sincerely yours,
Nancy E. Gist
Director
"Attachments
U.S. DEPARTMENT OF ~USTICE
OFFICE OF JUSTICE PROGRAMS
1. GRANTIEE NAME AND ADDRESS (I~cluding Zip Code)
D~hy Beach City
100 ~W I st Avenue
Deln~y Beach. FL 32q.~ 2612
AWARD
] COOPERATIVE AGREEMENT
4. AWARD NUMBER: 2000-LB-BX-0985
10/01/1999 TO 09130/2001
5. PROJECT PERIOD: FROM
BUDGET PERIOD: FROM
PAGE 1 OF 5
1A. 0~ IRS/VF. NDOR NO. 596000315 6. AWARD DATE 09/30/2G~0 7. ACTION
2. SUBORAN l'lab NAME AND ADDRESS 0ncluding Zip Code) 8. SUPPLEME31T NUMBER
] Initial
] S~plemental
2A. SUBORAN ~1~ IRS/VE3qDOR NO. 9. PREVIOUS AWARD AMOU2qT $0.00
I0. AMOUNT OF THIS AWARD $189,985
3. PROJECT TITLE
Local Law Eaforcement Block Grant.~
11. TOTAL AWARD $189,985
12~ SPECIAL CONDITIONS (Check. if applicable)
] THE ABOVE GRANT PROTECT IS APPROVED SUBtECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE A'ITACHED 4 PAGES
13. STATUTORY AUTHORITY FOR GRANT
TITLE 1 OF THE OMN/BUS CRIME CONTROL AND SAFE STREETS ACT OF 1968.
42 U.S.C. 3701, ET, SEQ., AS AMENDED
] TITLE 2 OF THE .fUVE.NII~ JUSTICE AND DEUNQUF3/Cy PREVENT/ON ACT OF 1974
42 U.S.C. 5601, ET. SEQ., AS AMENDED
[~ VICTIMS OF CRIME ACT OF 1984, 42 U.S.C. 10601, ET. SEQ., PUBLIC LAW 984-73. AS AMENDED
] 2000(pub. L. No. 106-113)
14. FUTURE FISCAL YEAR(S) SUPPORT:
SECOND YEAR'S BUDGISI' PERIOD: N/A
AMOUNT OF InErt, IDS: NIA
THIRD YEAR'S BUDGET PERIOD: N/A
AMOUNT OF FUNDS: N/A
TYPE OF FUNDS:
TYPE OF FIJNDS:
15. METHOD OF PAYMENT
THE GRANTI~ WILL RECEIVE CASH VIA ALI= I'tl~R OF CREDIT
AGENCy APPROVAL
16. TYPED NAME. AND TITLE OF APPROVING OJP OFFICIAL
Nancy E. Gist, Director
Bureau of Justice Assistance
17. S [GNATLrP, E OF APPROVING OtE OFFICIAL
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFF/CIAL
David Harden
Ciq, Maaager
19. SIGNATURE OF AUTHOP.~D GRANTI~
II9A. DATE
AGENCY USE ONLY
20. ACCOUNTING CLdkSS1FICATION CODES
FISCAL FUND BUD. DIV.
· YEAR CODE ACT. OFC. REG. SUB. POMS
X B LI 80 00 00
21. LI8MI4
L100U02485
OJP I~ORM 4000/2 (REV. 587) pREVIOUS EDITIONS APE OBSOLETE
:~ U.S. DEPARTMENT OF fUSTICE AWARD CONTINUATION
OFFICE OF mS'lICE PROGRAMS SHEET
[] OJP [X~ BJA ~ OJJDP [] GRANT PAGE 2 OF5
CHECK A PPROPRLAT~ BOX
PROJECT NUMBER: 2000-LB-BX-O985 AWARD DATE 09/30t2000
SPECIAL CONDITIONS
1.
of Justice Programs (OJP) F'mancial Guide.
2. The recipient agrees to comply with the organizational audit requirements of OMB Circular, A-133, Audits of States, Local
Govermnents end Non-Profit Organizations, as further described in OJP's Financial Guide, Chapter 19.
3. The recipiont acknowledges that failure to submit an aeeaptable Equal Eraploymcut Opportunity Plan (if recipient is required
to submit one pursuent to 28 ~ 42.302), that is approved by the Office of Civil Rights, is a violation of its Certified
Assurances end may result in funds from the award being frozen, until such time as the recipient is in compiience.
4. The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds,
pnssuent to section 101(g) of H.IL 728, 104th Cong. (1995).
5. The recipient shall submit one copy of all reports end proposed publications resulting from this agreement twenty (20) days
prior to public release. Any publications (wriRen, visual, or sound), whether published at the recipionfs or government's
expense, shall contain the following statement: (NOTE: This excludes pre~ releases, newsletters, end issue enalysis.)
"This project was suppoi~d by Grant No. 2000-LB-BX-0985 awarded by the Bureau of Justice Assistance, Office of
Justice Programg, U.S. Department of Justice. Points nf view in this document are those of the author end do not necessarily
represent the official position or policies of the U.S. Department of Justica."
6. Thc recipient agrees to provide information required for eny national evaluation condactext by thc U.S. Department of Susfice.
7. The recipient agrees, if the funds are used for the hiring end employing of new, additional law enforcement officers end/or
support personnel, as described in the applicable purlx~e area of Subpart A section 101 (a)(2) of H.R. 728, 104t. h Cong.
(1995), that the recipient unit of local government will achieve a net gain in the number of law enforcement offrcess who
perform non-administrative public safety service. If the funds am used for the hiring end employing of new, additional law
enforcement officers end/or support personnel, the unit of local govea'nmcut will nsmblish procedures to give members of the
Armed Forces who, on or after October 1, 1990, were or are selected for involuntary separation (as described in section 1141
of Tifle 10, United Sta~s Code), approvad for separarion under section 1174a or 1175 of such rifle, or retired pursuent to the
authority provided under section 4403 of the Defense Conversion, Reinvesm~ent, and Tramirion Assistance Act of 1992
(division D of Public Law 102-484; 10 U.S.C. 1923 note), a suitable preference in the employment of persons as additional
law enforcement officers or support personnel.
OJP FORM 40002 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE
~ u.s. OWA~r,~,'T OF mST~C~ AWARD CONTINUATION
omcn ovms~Ic~,~ot~v,~s SHEET
CHECK A PPROI~dATE BOX
PRO.IECT NUMBER: 2J]OO-LB-BX-0985 AWARD DATE 09/3W2000
SPECIAL CONDITIONS CONTINUED
8. The rcclplent agrees thls award docun~nt cousfitutes thc obligation of federal funds for use by the ~ipient in ex~fion of
the program or project covered by thc award. Such obligation may bc terminated without further cause if the recipient fails to
affn-m its timely utilization of the award by accepting the award and special conditions within 45 calendar days from the dato
of awant.
9. The recipient agrees to submit the Request for Drawduwn via the Intomet system within 90 calendar days from the date of
award, or to have all funds dcobligated for redistribution during the next funding cycle.
10. The recipient agnes to one 24 month obligation and expenditure period, as esUxblisbed at the approval of the Request for
Drawdown. All funds must be expended by the ced of this 24 month period with no exceptions.
11.
beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also agrees to obligate and expend tl~
grant funds in thc trust fund (including any interest earnod) during the 24 month period. Grant funds (including any interest
earned) not expended by the end of the 24 month period must be returned to the Office of thc Comptretlar (OC) by the end of
the 27th month, along with the final submission of the Financial Status Report (SF-269A).
12. Thc recipient agrces to submit semiannual progress reports via the Internat system for the life of the grant. Reports arc due
within 45 calcodar days after the end of thc reporting periods, which arc June 30 and Doccmber 31.
13. The recipient agrees, if funds are used for enhancing security, that thc unit of local government - -
(a) has an aduquatc process to assess the impact of any enhancement of a school security measure, that is undertaken under
subparagraph (B) of section 101(a)(2), on the incidence of crime in the geographic area wberc the enhancement is
undertaken;
(b) will conduct such an assessment with respect to each such enhancement; and,
(c) will submit to the Bureau of Justice Assistance (BJA) an annual assessment report via the Internet systom~
O. IP FORM 400(Y2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLWI~
"~ u.s. ~w~nvn~r ovn~sx]c~ AWARD CONTINUATION
OF~C~ OF~S~ ~S SHEET
C~CK ~O~A~ BOX
PRO~ ~BER: 2~BX~5 AW~ DA~ ~/~
SPECI~ CONDITIONS CONTINUED
14. ~e ~ent a~s to comply wi~ 28 ~ P~ 23 d f~ ~s ~e ~ m su~ C~mln~ InteBige~e Syste~.
15. ~e ~ent a~s to ~sist BJA ~ comply~g ~ ~e N~on~ ~v~n~ Po~ Act ~PA)
f~ cn~men~ i~t ~y~s ~men~ in ~e u~ of ~e~ ~t ~s, eider ~y by ~e ~ipient ~ by a
sub~ipient. A~o~gly, p~or to obli~ng ~t ~ds, ~e r~pient a~s ~ F~t det~e d ~y of ~e foHo~g
~fi~ ~H ~ ml~ ~ ~e u~ of ~ ~t ~s. ~ r~pient ~d~n~ ~at ~is s~ial condition app~ to its
fo~owh]g new ac~vifies, w~r or not ~y ~e ~g s~c~y ~ wi~ ~e ~t ~nds. ~at is,
to u~ ~e~ ~t ~, ~ s~i~ ~difion must f~st ~ ~L ~e ~fivi~es cov~ by ~is
1. New ~s~on;2. ~or mnova~on or m~e~g of a ~ eider (a) ~ ~ ~ e~ble for ~ng on
Na~o~l ~s~r of ~s~fic ~ or ~) l~m~ ~ a l~y~ fl~ plan;3. A renovation, 1~, or any pm~
I~lemen~on of a ~w pm~ involv~g ~e u~ of che~s o~er ~ c~Bs ~at ~ (a) p~ch~
~ent of a ~nd~ ~fi~ a~ ~) ~i~n~ly u~, f~ e~le, in o~, ho~old, r~fion~, ~ ~uc~onal
env~.
App~on of ~ S~ C~fi~ m R~i~t's E~g ~ ~
F~r ~y of ~e r~ent's or i~ su~i~t's c~fing pm~ or ~fi~6~ ~t ~H ~ ~
r~?~ u~n s~c ~st ~m BJA, a~s to c~mte wi~ B~A in rely ~fion by BJA of a n~on~ or pm~
~w~n~ ~s~nt of ~t ~d~ ~ or ~vity.
16. ~e ~ipient a~ to e~e ~at ~e S~ lnfo~fi~ T~ology Point of Con.ct ~eiv~ ~n no~ca~ tug.ding
~y ~f~ ~hnology ~oj~t ~nd~ by ~is ~t ~g ~ ob~g~on ~d ex~imre ~, ~s is to fa~
~u~c~ ~g 1~1 ~ s~ gov~n~ ~fifes ~g~ding v~ous ~omfion ~olo~ ~oj~ ~g
~nduc~ ~ ~ ~t ~n~. In ad~fion, ~e r~ipi~t a~ to ~n au M~is~afive ~e ~u~nfing ~e
~g of ~is ~m~L For a ~t of State I~omfion T~hnolo~ Poem of Conmc~ go m
h~/~.ojp.u~oj.~v/~sm~s.h~
17. ~e r~pient a~s ~ ~ ~d ex.nd a 10 ~ent c~ m~h (c~cul~ ~ 1/9 of ~ f~ aw~ ~t) ~fom
~ end of ~ ~ mon~ ob~ga~on ~ ex~ndi~ ~. ~ r~pient is re~d~ ~at ~e ~h~g ~ds ~ au~le
~r S~i~ Con~fion g2 ~d will ~ b~ding to ~e ~ipi~t.
OJP FORM 400~2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE
u.s. v~ag~sm~rrovros~cE AWARD CONTINUATION
' ~ ~ ~ O~CEOFmSTICE~S SHEET
C~CK ~0~ BOX
PRO~ ~BER: 2~-BX~g5 AWA~ DA~ ~/~
SPECIAL CONDITIONS CONTINU~
18. ~e ~pient a~s ~ ~or m ~e obU~fion ~ ex~n~ of ~y l .l.~gG ~s, at le~t one (1) pubUc ~ng ~ ~
held ~d~g ~e ~ u~s) of ~e ~t ~ds. ~e ~i~cnt m~t flso ~o~de v~tion to BJA, v~ ~e ~t~et
system, of ~e pubUc ~g. At ~e h~ng, ~ns shill ~ ~ven ~ op~nity to ~dc ~tmn ~d o~ views to ~e
~ipient on ~e ~ u~s) of &e ~t ~. ~e r~ipient w~ hold ~e public h~g m a ~ ~d pla~ ~at ~ows
~d enco~es pubUc auend~ce ~d p~d~fion. ~e ~pient ~y ~t ~est a &wdown of ~nds un~ ~
r~u~n~ ~e m~ ~ ~ focal ~dget ~fions ~ ~op~ by ~ ~pienL
19. ~e ~iplent a~s ~m prior m ~e o~fion or ex~n~ of ~y l .l .~SG ~, a ~vio~ly desi~a~ or newly
~mb~sh~ ~v~ ~ ~ ~ to ~u~ ~ pm~ us~s) of ~e ~t ~n~. ~e ~ipient ~ d~ign~ ~e
M~ ~d to ~e n~b~g r~om~ud~ ~ ~e u~(s) of ~n& und~ ~e ~EBG Pm~ Me~ on ~e
Mvi~ ~d must ~lu& a r~r~nmfive ~m ~e follow,g, ~ou~ it ~y ~ ~o~r:
a) ~e I~ ~li~ d~nt ~ s~s
b) ~e 1~ p~uto~s o~ce;
c) ~c 1~ ~ sysmm;
d) ~e l~l ~1 system; ~d,
e) s l~fl non~fig ~c~onfl, ~U~ous, ~ co~u~ ~up ~five ~ c~e ~evenfion or ~g u~ ~venfion or
~e ~ent ~y ~t r~est a ~wdo~ of ~n& un~ ~ ~men~ ~ met ~d ~ fo~ b~get ~ons ~
~op~ by ~e r~ient.
20. ~e ~ent h~ c~fl~ it is in compU~ce ~ ~e ~bUe Sffe~ ~s' H~ Be~fiU ~o~si~ of ~ ~p~
of Co--em, Justice, ~ Sm~, ~c Ju~d~, ~d Rela~ Agent,s A~m~afions Ac~ ~ (~b. L. No. 1~-113) ~d
~ to ~n ~ co~li~ ~g ~ Ufe of~e ~t. ~s p~v~ion ~ ~at ~e unit ofl~ govem~nt which
employs a ~blic s~e~ o~ (~ &fm~ by ~fion 12~ of Title I of ~ ~b~ C~ ConSol ~d S~e S~ Act of
19~, ~ ~n~) to ~ord such public s~ o~c~ who ~s or ~ ~p~t~ bom m~ due to ~j~ s~ ~ ~
~t ~d pro~m result of a ~onfl ~j~ sus~n~ in ~e ~ of ~ty while r~n~ng m ~ e~ency simeon or
h~ ~uit (~ such ~ ~ defin~ by Sm~ law) wi~ ~ s~e or ~ level of hefl~ ~s~ce ~nefi~ at ~e fi~ of
~ment ~ mp~n ~ ~e offic~ ~iv~ while on ~ty. ff ~e ~ipient demo~ms non~li~ ~g ~e fife of
~ ~t, 10 ~nt of ~ awed ~t must ~ re~ to BJA.
OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE
I~ocal I~aw Enforcement Block Grant - LLEBG Introduction Page 1 of 1
Application
Grant Handbook
View Only
View Application
Help/Frequently Asked
Questions
LLEBG Home
Log-Off
FY 2000 Local Law Enforcement Block Grants Program
Delray Beach City, FL
Award RFD Grant Changes R e po_~_s Correspondence
Appl cation was submitted on 05-SEP-O0. Click here to print a copy.
LLEBG FY 2000 Application
Jurisdiction Information
Budget Information
Eligible Award Amount: Final Award
Amount:
$189,985 $189,985
iMatch Am~mt=
$21,109
Matching Funds
Description:
State and Lo~al Government
Units
CEO Information
~ldress: IITeleph°ne: ' Fax: 561-243-7166Harden
100 NW 1st Avenue 561-243-7010
Email: junghans~ct.delmy-
Ibeach.fl.us
Program Contact Information
r~e~c~k~ p~nne~ Na"'ne Prefix~a. Las~ Name ~C~
AddreSs: Telephone: Fax: (561)243-7816
300 West Atlantic Ave. 1(561 )243-7848
D~ray Beach, FL 33~,{~, 2612]
First Name~laria C.
Application Details
Date Agreed to Trust Fund Requirement: Applicant Is PSOI lB Compliant:
05-SEP-00
Yes
Date Agreed to SPOC Requirement: {Date Agreed to SAA Review Requirement:
05-SEP-00 0E-SEP-00
Date Agreed05.SEPq~oto Certifications: Date Agreed05.SEP.00to Assurances:
htt~s:~/grants~jp~usd~j~g~v:8~4~gms-user/p~sq~//~ebg-m~n~app-read-~n~y?p-b~d=2 09/05/2000
Lo~ml Law Enforcement Block Grant ~ LLEBG Introduction Page 1 of 1
Clmnge Password
Logoff
Help/Frequently Asked
Questions
FY 2000 Local Law Enforcement Block Grants Program
Delray Beach City, FL
The LLEBG GMS has changed in many aspects from the last fiscal year. To access
your existing grant file(s), click on the Access link below.
FY 1999 Local Law Enforcement Block Grants Program
E-mail Grant
Status
Correspondence File
· Application was submitted on O4-OCT-99.
· Award w'as re~e~ed. No new I~ Acc~s
· Award wa~ accelx~KI. Com~o~e new messa=e
FY 2000 Local Law Enforcement Block Grants Program
E-mail Grant
Status
Correspondence File
· Application was ~ bm'~ted o~ 05-S E P~O0.
· Award '#as released oa 0 I-OCT-O0. No new Messages ~
https://grants.ojp.usdoj.gov:8OO4/gms_user/plsql/llebg_app.llebg_status 10/03/2000
CITY OF DELRAY BEACH, FLORIDA -
REGULAR MEETING -NOVEMBER 21,
PUBLIC HEARINGS - 7:00
CITY COMMISSION
2000 - 6:00 P.M.
P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
REVISED CONTR3kCT PROVIDED FOR:
8. Consent Agenda:
D. AMENDMENT TO FLIGHT MEDIA CONTRACT (TENNIS CENTER NAMING
RIGHTS): Approve Amendment No. 1 to the Agreement for
Procurement of Naming Rights of the Delray Beach Tennis
center between the City and Flight Media, Inc.
rlTY OF DELR;lY BEACH
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090, FACSIMILE 561/278-4755
DELRAY BEACH
1993
DATE:
TO:
MEMORANDUM
November 20, 2000
David Harden, City Manager
Writer's Direct Line: 561/243-7091
FROM:
SUBJECT:
Susan A. Ruby, City Attorney
Flight Media Contract
Attached is a revised and hopefully clarified Flight Media Contract.
Please contact me if you have any questions or comments.
Attachment
revised 11/20/00
AMENDMENT NO. 1 TO THE AGREEMENT FOR
PROCUREMENT OF NAMING RIGHTS OF THE
CITY OF DELRAY BEACH TENNIS CENTER
THIS AMENDMENT NO. 1 to Agreement dated June 7, 2000, is made this
__ day of , 2000 by and between FLIGHT MEDIA, INC., 2265
Roswell Road NE, Suite 100, Marietta, GA 30062 (FMI) and the CITY OF DELRAY
BEACH, FLORIDA, a Florida municipal corporation (CITY).
RECITALS
WHEREAS, CITY engaged FMI to procure a sponsor/advertiser for naming rights
in connection with the Delray Beach Tennis Center by an Agreement dated June 7,
2000; and
WHEREAS, CITY and FMI agree to extend the assignment to solicit naming
rights sponsors/advertisers on behalf of the CITY by entering into this Amendment, and
upon the terms and conditions set forth below.
NOW THEREFORE, based upon the following premises, terms and conditions,
the sufficiency of which consideration is hereby mutually acknowledged by the parties,
the parties do hereby agree as follows:
1. The above recitals are hereby incorporated in this Agreement.
2. CITY hereby provides FMI with the exclusive right to procure
commitments for the sale or lease of naming rights on behalf of the CITY as it relates to
the Tennis Center for the period of time set forth herein. FMI shall secure a
sponsor/advertiser for naming rights for minimum naming rights sponsorship revenue in
the amount and for the term that is acceptable to the CITY in the CITY'S sole discretion.
The exclusive rights provided herein to FMI to procure commitments for the sale or
lease of naming rights at the Delray Beach Tennis Center shall be extended until March
31, 2001 unless sooner terminated as provided for herein. FMI understands that the
CITY may be securing requests for proposals in the interim and the CITY may select a
person or firm to sell naming rights. In the event naming rights sponsors/advertisers are
not secured by FMI within this extended period, for minimum naming rights sponsorship
revenue and for a term acceptable to the CITY in its sole discretion, FMI's exclusive
right to procure a naming rights sponsor/advertiser shall cease and this Agreement shall
become null and void as of March 31, 2001, unless sooner terminated as provided for
herein. The parties understand that an extension of the initial term may be negotiated
and executed by subsequent mutual consent of both parties and written amendment to
this Agreement.
3. The parties hereby understand and agree that during the exclusivity period
set forth above, FMI shall exercise its good offices and proprietary business contacts for
the purpose of locating naming rights sponsodadvertisers who are interested in
advertising their products and services at the Delray Beach Tennis Center, and that all
potential sponsors identified by FMI based upon its expenditure of time, money and
effort, and all information pertaining thereto, constitutes confidential information, subject
to Florida Statute Chapter 119, and proprietary business information of FMI. CITY
agrees that any proprietary business information relating to prospective naming rights
sponsors solicited by FMI shall be kept confidential, to the extent permitted by Florida
Statutes, Chapter 119.
If FMI fails to secure the sale or lease of naming rights prior to the expiration of
this Agreement, FMI and the CITY agree that if the CITY secures the sale or lease of
naming rights from either Southwestern Bell Communications, Inc. or subsidiary thereof
or Sun America Companies after the expiration of this Agreement, the CITY, for a
period of two (2) years from the date of this Amendment No. 1, will pay FMI ten percent
(10%) of the gross amount of the revenue the CITY receives for naming rights from
Southwestern Bell Communications, Inc. or a subsidiary thereof or Sun America
Companies for a two (2) year period to be paid annually during the term of this
Amendment. FMI and the CITY may amend the list of firms included in this paragraph if
both parties agree and both parties give their consent in writing.
4. CITY agrees that during the term of this Agreement and in connection with
the efforts of FMI to secure potential naming rights sponsors/advertisers, to provide FMI
with information as requested by FMI, to the extent such information is reasonably
necessary to supply potential naming rights sponsors/advertisers in connection with
soliciting their interest in the proposed opportunity. In turn, FMI will supply CITY with a
monthly report of the status of the project and any and all naming rights
sponsor/advertisers contacted on behalf of the Delray Beach Tennis Center. If the CITY
is not satisfied with the progress of FMI, the CITY shall have the right to terminate this
Agreement upon twenty (20) days written notice to FMI.
5. CITY agrees to take no action that is inconsistent with the rights granted to
FMI to obtain naming rights sponsor/advertisers pursuant to this Agreement. If
approved by the CITY, naming rights sponsodadvertisers may display their corporate
logo, trademarks or other messages upon the advertising displays or other items
designated within the Delray Beach Tennis Center, or in other approved areas, in
accordance with the spaces provided.
6. If FMI sells or leases naming rights prior to the expiration of this
Agreement, the CITY agrees to pay FMI a commission of twenty percent (20%) of the
total naming rights sponsodadvertiser revenue for each year of the term of the naming
rights sponsodadvertiser agreement with the CITY. CITY agrees to make payment to
FMI within 15 days of receipt of the naming rights sponsor/advertiser revenue during the
term of the agreement between the naming rights sponsor/advertiser and the CITY. If
for any reason the naming rights sponsor/advertiser fails to make payment to the CITY,
no payment shall be due FMI until the CITY receives payment from the naming rights
sponsodadvertiser. CITY shall pay no interest on any commission paid or owed to FMI.
7. CITY reserves the right to accept or reject, in its sole discretion, any
naming rights sponsodadvertiser if the CITY determines that having the Tennis Center
named after the particular sponsodadvertiser would not promote a positive image for
the CITY or fail to be in the public's best interest and help promote the health, safety
and welfare of the public. Further, the CITY also reserves the right to reject any naming
rights sponsodadvertiser, in its sole discretion, if the CITY determines that the costs
involved or other terms of any agreement or potential agreement with a naming rights
sponsodadvertiser would be unacceptable to the CITY. FMI agrees to waive any right
to contest, sue or make any claim for damages against the CITY as a result of the
CITY'S decision to accept or reject a naming rights sponsodadvertiser. FMI shall also
inform any potential naming rights sponsodadvertiser that the CITY has the right to
accept or reject any naming rights sponsor/advertiser, in its sole discretion.
8. FMI shall be responsible for any and all costs associated with contacting
potential naming rights sponsor/advertisers or marketing the Tennis Center, and also,
any trips or other costs associated with any naming rights sponsor/advertiser traveling
to Delray Beach. The CITY shall not be responsible for any cost whatsoever
concerning FMI's efforts to sell the naming rights to a sponsor/advertiser.
9. This Amendment No. 1 to the Agreement is intended by the parties as a
final expression of their agreement. No course of prior dealings between the parties, no
commitment letter or letters of intent, and no usage of trade shall be relevant or
admissible to supplement, explain or vary any of the terms of this contract. This
contract can only be modified in writing, signed by both parties. The covenants and
agreements herein contained shall inure to the benefit of all parties, and be binding
upon the heirs, legal representatives, successors and assigns of the parties.
10. This Agreement shall be governed by the laws of the State of Florida as
now and hereafter in force. The venue for actions arising out of this agreement shall be
Palm Beach County, Florida.
11. All notices, requests, demands, and other given if personally delivered or
mailed, certified mail, return receipt requested, to the following addresses:
As to City: David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
As to FMh Alex Mckenzie, President
Flight Media, Inc.
2265 Roswell Rd. NE
Suite 100
Marietta, GA 30062
12. FMI shall not, without prior written consent of the CITY, assign any portion
of its interest under this Agreement.
13. This Agreement shall be subject to the terms and conditions of the
Agreement between Match Point, Inc. and City dated November 5, 1998, as amended,
and the Amended and Restated Agreement between the City and Coca-Cola
Enterprises, Inc.
14. This Agreement shall be considered null and void unless signed by both
FMI and the CITY and unless the CITY approves an Amendment No. 4 to the
agreement between the CITY and Match Point Inc. at the same or prior Commission
meeting.
15. This Amendment No. 1 to the Agreement between the parties shall
supercede the Agreement to the extent of any conflict with the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on
the day and year first above written.
ATTEST:
By:
City Clerk
Approved as to legal sufficiency:
By:
City Attorney
WITNESSES:
(Print or Type Name)
(Print or Type Name)
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
FMI
By:
Alex Mckenzie, President
(SEAL)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before
, 2000, by
(name of officer
corporation.
me this
__ day of
, as
or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the
He/She is personally known to me or has produced
(type of identification) as identification.
Notary Public - State of Georgia
[lTV OF OELlilI¥ BEII[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
1993
DATE:
TO:
November 15, 2000
City Commission
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-709(1 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Amendment to Flight Media Contract
Attached for your consideration is an amended agreement with Flight Media and the City.
The two essential changes are:
The term of the agreement extends to March 31, 2001 with the understanding that
the City can pursue a request for proposals in the interim, with a contract to be
awarded March 31, 2001 or thereafter.
The 10% payment to Flight Media of subsequent naming rights revenues paragraph
was modified to state that at the expiration of the agreement the City would only
have to pay if naming rights are sold to either of the two named companies in the
agreement. This list can be amended upon the mutual consent of the parties.
By copy to City Manager David Harden, please place on the November 21, 2000 agenda.
Please call if you have any questions.
SAR:smk
Attachment
CCi
Robert A. Barcinski, Assistant City Manager
Brahm Dubin, Dubin & Associates
Alex Mckenzie, President, Flight Media
AMENDMENT NO. 1 TO THE AGREEMENT FOR
PROCUREMENT OF NAMING RIGHTS OF THE
CITY OF DELRAY BEACH TENNIS CENTER
THIS AMENDMENT NO. 1 to Agreement dated June 7, 2000, is made this
__ day of , 2000 by and between FLIGHT MEDIA, INC., 2265
Roswell Road NE, Suite 100, Marietta, GA 30062 (FMI) and the CITY OF DELRAY
BEACH, FLORIDA, a Florida municipal corporation (CITY).
RECITALS
WHEREAS, CITY engaged FMI to procure a sponsor/advertiser for naming rights
in connection with the Delray Beach Tennis Center by an Agreement dated June 7,
2000; and
WHEREAS, CITY and FMI agree to extend the assignment to solicit naming
rights sponsors/advertisers on behalf of the CITY by entering into this Amendment, and
upon the terms and conditions set forth below.
NOW THEREFORE, based upon the following promises, terms and conditions,
the sufficiency of which consideration is hereby mutually acknowledged by the parties,
the parties do hereby agree as follows:
1. The above recitals are hereby incorporated in this Agreement.
2. CITY hereby provides FMI with the exclusive right to procure
commitments for the sale or lease of naming rights on behalf of the CITY as it relates to
the Tennis Center for the period of time set forth herein. FMI shall secure a
sponsor/advertiser for naming rights for minimum naming rights sponsorship revenue in
the amount and for the term that is acceptable to the CITY in the CITY'S sole discretion.
The exclusive rights provided herein to FMI to procure commitments for the sale or
lease of naming rights at the Delray Beach Tennis Center shall be extended until March
31, 2001 unless sooner terminated as provided for herein. FMI understands that the
CITY may be securing requests for proposals in the interim and the CITY may select a
person or firm to sell naming rights. In the event naming rights sponsors/advertisers are
not secured by FMI within this extended period, for minimum naming rights sponsorship
revenue and for a term acceptable to the CITY in its sole discretion, FMI's exclusive
right to procure a naming rights sponsodadvertiser shall cease and this Agreement shall
become null and void as of March 31, 2001, unless sooner terminated as provided for
herein. The parties understand that an extension of the initial term may be negotiated
and executed by subsequent mutual consent of both parties and written amendment to
this Agreement.
3. The parties hereby understand and agree that during the exclusivity period
set forth above, FMI shall exercise its good offices and proprietary business contacts for
the purpose of locating naming rights sponsodadvertisers who are interested in
advertising their products and services at the Delray Beach Tennis Center, and that all
potential sponsors identified by FMI based upon its expenditure of time, money and
effort, and all information pertaining thereto, constitutes confidential information, subject
to Florida Statute Chapter 119, and proprietary business information of FMI. CITY
agrees that any proprietary business information relating to prospective naming rights
sponsors solicited by FMI shall be kept confidential, to the extent permitted by Florida
Statutes, Chapter 119. FMI and the CITY agree that after the expiration of this
Agreement, the CITY, for a period of two (2) years from the date of this Amendment No.
1, will pay FMI ten percent (10%) of the gross amount of the revenue received for
naming rights from Southwestern Bell Communications, Inc. or a subsidiary thereof or
Sun America Companies for a two (2) year period to be paid annually during the term of
this Amendment. FMI and the CITY may amend the list of firms included in this
paragraph if both parties agree and both parties give their consent in writing.
4. CITY agrees that during the term of this Agreement and in connection with
the efforts of FMI to secure potential naming rights sponsors/advertisers, to provide FMI
with information as requested by FMI, to the extent such information is reasonably
necessary to supply potential naming rights sponsors/advertisers in connection with
soliciting their interest in the proposed opportunity. In turn, FMI will supply CITY with a
monthly report of the status of the project and any and all naming rights
sponsor/advertisers contacted on behalf of the Delray Beach Tennis Center. If the CITY
is not satisfied with the progress of FMI, the CITY shall have the right to terminate this
Agreement upon twenty (20) days written notice to FMI.
5. CITY agrees to take no action that is inconsistent with the rights granted to
FMI to obtain naming rights sponsodadvertisers pursuant to this Agreement. If
approved by the CITY, naming rights sponsodadvertisers may display their corporate
logo, trademarks or other messages upon the advertising displays or other items
designated within the Delray Beach Tennis Center, or in other approved areas, in
accordance with the spaces provided.
6. CITY agrees to pay FMI a commission of twenty percent (20%) of the total
naming rights sponsor/advertiser revenue for each year of the term of the naming rights
sponsor/advertiser agreement with the CITY. CITY agrees to make payment to FMI
within 15 days of receipt of the naming rights sponsor/advertiser revenue during the
term of the agreement between the naming rights sponsodadvertiser and the CITY. If
for any reason the naming rights sponsodadvertiser fails to make payment to the CITY,
no payment shall be due FMI until the CITY receives payment from the naming rights
sponsodadvertiser. CITY shall pay no interest on any commission paid or owed to FMI.
7. CITY reserves the right to accept or reject, in its sole discretion, any
naming rights sponsodadvertiser if the CITY determines that having the Tennis Center
named after the particular sponsodadvertiser would not promote a positive image for
the CITY or fail to be in the public's best interest and help promote the health, safety
and welfare of the public. Further, the CITY also reserves the right to reject any naming
rights sponsodadvertiser, in its sole discretion, if the CITY determines that the costs
involved or other terms of any agreement or potential agreement with a naming rights
sponsodadvertiser would be unacceptable to the CITY. FMI agrees to waive any right
to contest, sue or make any claim for damages against the CITY as a result of the
CITY'S decision to accept or reject a naming rights sponsodadvertiser. FMI shall also
inform any potential naming rights sponsodadvertiser that the CITY has the dght to
accept or reject any naming rights sponsodadvertiser, in its sole discretion.
8. FMI shall be responsible for any and all costs associated with contacting
potential naming rights sponsodadvertisers or marketing the Tennis Center, and also,
any trips or other costs associated with any naming rights sponsodadvertiser traveling
to Delray Beach. The CITY shall not be responsible for any cost whatsoever
concerning FMI'$ efforts to sell the naming rights to a sponsor/advertiser.
9. This Amendment No. 1 to the Agreement is intended by the parties as a
final expression of their agreement. No course of prior dealings between the parties, no
commitment letter or letters of intent, and no usage of trade shall be relevant or
admissible to supplement, explain or vary any of the terms of this contract. This
contract can only be modified in writing, signed by both parties. The covenants and
agreements herein contained shall inure to the benefit of all parties, and be binding
upon the heirs, legal representatives, successors and assigns of the parties.
10. This Agreement shall be governed by the laws of the State of Florida as
now and hereafter in force. The venue for actions arising out of this agreement shall be
Palm Beach County, Florida.
11. All notices, requests, demands, and other given if personally delivered or
mailed, certified mail, return receipt requested, to the following addresses:
As to City: David Harden, City Manager
City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, Florida 33444
As to FMh Alex Mckenzie, President
Flight Media, Inc.
2265 Roswell Rd. NE
Suite 100
Marietta, GA 30062
12. FMI shall not, without prior written consent of the CITY, assign any portion
of its interest under this Agreement.
13. This Agreement shall be subject to the terms and conditions of the
Agreement between Match Point, Inc. and City dated November 5, 1998, as amended,
and the Amended and Restated Agreement between the City and Coca-Cola
Enterprises, Inc.
14. This Agreement shall be considered null and void unless signed by both
FMI and the CITY and unless the CITY approves an Amendment No. 4 to the
agreement between the CITY and Match Point Inc. at the same or prior Commission
meeting.
15. This Amendment No. 1 to the Agreement between the parties shall
supercede the Agreement to the extent of any conflict with the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on
the day and year first above written.
ATTEST:
By:
City Clerk
Approved as to legal sufficiency:
By:
City Attorney
WITNESSES:
(Print or Type Name)
(Print or Type Name)
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
FMI
By'
Alex Mckenzie, President
(SEAL)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
corporation.
day of
, 2000, by , as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the
He/She is personally known to me or has produced
(type of identification) as identification.
Not..ary Public - State of Georgia
[lTV OF I]ELRI:I¥ BEfl[H
CITY ATTORNEY'S OFFICE
1993
DATE:
November 15, 2000
TO: City Commission
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
FROM:
Susan A. Ruby, City Attomey
SUBJECT:
Amendment No. 4 to Agreement Between Matchpoint and the City of
l'~lray 1R~aeh
Attached is an amendment to the above agreement extending the forbearance of
Matchpoint to sell naming rights until March 31, 2001.
By copy to David Harden, City Manager, please place this agreement on the City
Commission agenda for November 21, 2000.
ve any questions.
Attachment
CC.'
David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
AMENDMENT NO. 4 TO AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT~ INC.
THIS AMENDMENT NO. 4 to the Agreement between the CITY OF DELRAY
BEACH (City) and MATCH POINT, INC. (MP) is made this day of
,2000.
WITNESSETH:
WHEREAS, the City and MP entered into an agreement dated November 5,
1998 (the Agreement), Amendment No. 1, dated September 22, 1999, Amendment No.
2, dated January 28, 2000 and Amendment No. 3, dated June 7, 2000; and
WHEREAS, the City has. entered into an agreement with Flight Media, Inc.
granting to Flight Media Inc. the exclusive right to procure naming rights for the Tennis
Center for a certain period; and
WHEREAS, the CITY and Flight Media desire to extend their agreement until
March 31, 2001.
WHEREAS, the agreement between the City and MP contains a clause that
grants MP the ability to sell the naming rights to the Tennis Center; and
WHEREAS, MP agrees to abstain from attempting to sell or procure naming
rights for the Tennis Center for the period the CITY has the agreement with Flight
Media, Inc.
NOW, THEREFORE, for good and valuable consideration, herein provided, the
City and MP agree as follows:
1. The recitations set forth above are hereby incorporated as if fully set forth
herein.
2. Section 3.01(E) of the Agreement in hereby amended to provide that MP
shall not be entitled to sell the naming rights to the Delray Beach Tennis Center for the
period from May 17, 2000 through March 31, 2001 to allow Flight Media to have the
exclusive right to sell the naming rights to the Tennis Center. Further, MP recognizes
that if the City enters into a contract with a sponsodadvertiser for the naming rights of
the Tennis Center for whatever length of time, MP agrees not to sell the naming rights
to the Tennis Center for that period of time, including any optional time periods.
3. The original agreement dated November 5, 1998, the Amendment No. 1 to
the Agreement dated September 22, 1999, Amendment No. 2 dated January 28, 2000,
Amendment No. 3 dated June 7, 2000 and this Amendment No. 4, constitute the entire
agreement between the parties with respect to the subject matter hereof and
supercedes all prior verbal or written agreements between the parties with respect
thereto. The Agreement dated November 5, 1998 and any amendments thereto
remains in full force and effect except as expressly modified herein.
4. This Amendment No. 4 to the Agreement (dated November 5, 1998) shall
be effective upon the approval by the City and by MP.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
ATTEST:
By:
City Clerk
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
Approved as to legal sufficiency
and form:
By:
City Attomey
WITNESSES:
Print Name:
Print Name:
MATCH POINT, INC.
By:
Mark Baron
Title:
STATE OF FLORIDA
COUNTY OF PALM BEACH
as
The foregoing
corporation. He/She
instrument was acknowledged before me this
2000, by
day of
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the
is personally known to me or has produced
(type of identification) as identification.
Notary Public - State of Florida
3
[ITY OF I)ELRrI¥ BErI[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
Ail. Amedca City
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
November 15, 2000
City Commission ~
Brian Shutt, Assistant City Attorney
SUBJECT: Hold Harmless Agreement Relating to the Gas Depot Prqject
Please fred attached a hold harmless agreement between the City and Gas One, Inc.
concerning the Gas Depot Project located at the corner of Atlantic Avenue and Barwick
Road. Pursuant to the attached memo from Barron Caronite, Assistant City Engineer,
the Developer has been required to construct water service within the State right-of-way
for the project. The Developer must obtain a utility permit from FDOT to perform this
construction, however, FDOT requires the local government to act as the applicant for
utility permits. In this case the City would be required to act as the utility permit
applicant. The attached agreement holds the City harmless for the work performed in the
State right-of-way by the Developer or his contractor under the utility permit.
By copy of this memo to David Harden, City Manager, our office requests that this item
be placed on the November 21, 2000 City Commission agenda for approval.
Please call if you have any questions.
Attachment
CC:
David Harden, City Manager
Alison Harry, City Clerk
Barron Caronite, Asst. City Engineer
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
Brian Shutt, Assistant City Attorney
Barron E. Caronite, PE, Assistant City Engine
November 13, 2000
Gas Depot
Please find attached a hold harmless agreement for work performed within the state
right-of-way. Gas Depot, a proposed gas station located on the Northwest corner of the
intersection of West Atlantic Avenue and Barwick Road, has been required to construct
water service 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 have it executed by the Mayor.
EncL
$:~engadmin~tac~gas depot~executed hold harmless trasrnittaL d~c
NOV I 4 B~I~)
WEST A T
ANTIC
A VEN U
CITY of DEL. RAY BEACH
ENVIRONMENTAL SEFNlCES DEPARTMENT
LOCATION MAP
GAS ONE GASON£
PERMIT NO.:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY PERMIT
SECTION NO.: STATE ROAD:
COUNTY:_
FOOT conslrucfion is proposed or underway. O Yes I~1 No Financial Project ID:
Is this Work related to an approved Ufifity Relocation Schedule? O Yes C) No f yes Documen
ADDRESS: ~ . ' ...... TELEPHOt~E NUMBER' (.~..~'~/)j~../)/~,¢ .~.
TmhaTn~a~r~"~eP~?wliTn;:EE reques[i.p~rmmsmn from I~e. Stale of Flor,da Department of Transportation. hereinafier called the FDOT. to consiruct eerat
..... '-. ' p eand._
FROM:
TO:
Submitted for Ihe PERMITTEE by:_ _ .-
Name and ~it[e (Typed or P;inte<J L~egiblyi ~
Signature -- Date~
1. The PERMITTEE declares Ihat prior to filing this ap[licafion, the location of all~i..,,,,~ ululaes that it owns or has an interest in, both aerial and underground,
accurately shown On, the plans and a letter of nofificafion Was mailed on _
in the area of the proposed installation: to/he ¢ollowing utilities known to be involved or potentially imj~ac[~
2. The local Maintenance or Resident Eng neet, hereafter referred to as the FOOT Engineer~ shall be notified forty-eight (48) hours prior to starting work and agai:
immediately upon completion of work. The FDOT's Engineer is
Traffic is , Telephone Number ., located at
hour notice prior to starting work). ., Telephone Number . The PERMITTEE's employee responsible for Maintenance~
3 All work, materials, and equipment shall be subject to inspection and approval by the FOOT Engineer. (This name may be provided at the time of the
4. All plans and installafions shall conform to the requirements of the FDOT's Utility Accommodation Manual in effect as of the date this permit is'approved by
and shall be made a part of this permit. This provision shall no[ limit the authority of the FDOT under Paragraph 8 of this PermiL
5~ This PERMITTEE shall commence actual construction in good faith within
_ days after issuance of permit and shall be completed within da
after the permitted work has begun, f he beginning da(e is more than 60 days from~he date of permit approval the PERMITI'EE must review th~ permit With
FOOT Engineer to make sure no changes have occurred to the Transporlation Facility that ~vould affect the permitted construction.
The construction and maintenance of such utility shall no[ interfere with the property and rights of a prior PERMITTEE.
7. It is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shall
operate to create or vest any property right in said holder, except as provided in executed subordination and Railroad Utility Agreements.
Pursuant to Section 337.403(1 ), Florida Sta[ues, any utility placed upon, under, over, or along any public road or publicly owned rail corridor that is found by FD~
to be unreasonably interfering in any way with Ihe conven ent, safe, or continuous use, or maintenance, improvement, extens on, or expansion, of such public rc,
or publicly owned rail corridor shalr, upon 30 days' written notice to the utility or i~s agent by FDOT, be removed or relocated by such utility at its own expense
except as provided ih paragraphs (a) and (b), and except for reimbursement rights set [orth in previously executed subordination and Railroad Utility Agreement
9. and shall apply to all successors and assigns for the permitted facility.
It is agreed that in the event the relocation of said ulilities are scheduled to be done simultaneous ywi[h the FDOT's construction work Ihe PERMITTEE
coordinate with/he FDOT before proceeding and sh;;IJ cooperate with the FDOT*s contractor to arrange /he sequence of work so as ~ot to delay the work of th~
FDOT's con/rac~or, defend any Jega cia ms of the FDOT's contractor due to delays caused by the PERMITTEE's fa lure to comp y with the approved schedule
its control.
and shall comp y with all provisions of the law and the FDOT*s current Udlity Accommoda on Manua. The PERM1TTEE sba not be responsible for delay beyc
10. In the case of non-compliance with the FDOT's requirements In effect as of the date this permit is approved this permit is void and Ihe facility wilt have to
brought into compliance or removed from the right of v~y at no cost ~o the FOOT, except for reimbursemenl rights set forth in previously executed subordinaticr
and Railroad Utility Agreemenls. This provision shal~ not limit the authority of the FDOT under Paragraph 8 of this Permit
1 t, It is understood and agreed that Ihe rights and privileges herein sol ou~ are granted only to the extent of the State*s right, ~ifie and interest in [he [and to be enter~
upon and used by Ihe PERMITTEE, and the PERMITTEE will, at alt times, and to the extent permitted by [aw, assume all risk of and indemnity, defend, and sa
harmless the State of Florida and the FOOT from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or
attempted exercises by said PERMITrEE of the aforesaid rights and privileges.
12. During construction, all safety regulations of the FOOT shall be observed and the PERMITTEE must take measures, including placing and the display of safer
devices Ihat may be necessary in order to safely conduct the public through the project area in accordance with the Federal Manual on Uniform Traffic Contrcl
Dev cos as amended for highways, the requiremenk~ of Ihe Standard AppJJcafion Package for railv~ays, including flagging services and Railroad Protective
Insurance or acceptable aJtema VD, when appl cable and the FDOT's tales[ Roadway and Traffic Design Slandards and Standard Specifications for Road and
Bridge Conslrucfion, as amended. When a Utility deems it necessary to conduct Traffic Control acfivilies and methods significanUy dgleren[ from those addres
in [he above references the Utility must submit an allernafive plan signed and sealed by a qualified registered FIodda professional engineer qualified to develop
Traffic Control Planning' in accordance with Ihe provisions of the Utility Accommodation Manual Chapter 8.
13 Should the PERMITTEE be desirous of keeping its utilities in place and out of serv ce the PERMITTEE by execution of this permit acknowledges its p,,:sent a
continuing ownership of its utilities located between '
and wilhlr
the FDOT's rights-of-way as set forth above. Whenever the PERMITTEE removes ils faqilJ es it shall be at the Permitted s sole cost and expense 'lhe
PERMITTEE. al its sole expense, shall promptly remove said out of service utilities whenever the FOOT determines said removal is In the public ink,
FOOT. The FOOT shall coo~dinale wilh the appropriale agencies and notify Ihe PERMI'CTEE of any suspension or revocation of the permit until COnlamination
assessment and remediation, as appropriate unde'r Rule Chaplers 62-770 and 62-730 Florida Administrative Code, has progressed lo a state Ihat all environment.
regulat,3~ agencies hav~ng jurisdiction have approved the site of the conlamlnat[on for resumption of work.
15 During excavation ope a ons, an on-site representative of Ihe PERMITTEE may be required to perform Ihe following aclivilles wilh respect to their OWn facilities:
·construction.physicalfy expose or direct exposure of underground facilities, provide any necessary support to facilities and/or cover aerial facilities as deemed necessary ~o aid
Pursuant to Section 337.401(2), Florida Statutes. the permil shall require the permit holder to be responsible for damage resulting from lhe issuance of the permit
The Oepadmenf may Iniliale injunctive proceedings as provided in s. 120.69 lo enforce provisions of this subsection or any rule or order issued or enlered into
pursuant thereto.
17 Pursuant to Section 337.402, Florida Statutes, when any public road or publicly owned rail corridor Is damaged or impaired in any way because of the installation
inspection, or repair of a utility located on such road or publicly owned tail corridor, the owner of the utility shaft, at his or her own expense, restore the road or '
publicly owned rail corridor to its original condition before such damage. If the owner fails to make such restoration, the authority is authorized to do so and chatg
the cost thereof against the owner under the provisions of s.337.404.
18. Special FOOT instructions:
It is understood and agreed Ihat commencement by the PERMITTEE is acknowledgment and acceptance of the binding nature of all the above listed permit
conditions and special instructions.
19. BY the below signature, the Permtttee hereby represents that no change to the FDOT's standard Utility Permit form, as incorporated by reference into Rule 14.
45.001, for this Utilify Permit has been ma.~le which has not been previously called to the attention of the FOOT (and signified to by checking the appropriate box
below) by a separate attached written docufnent showing ali changes and the written and dated app~val of the~=OOT Engineer. Are, there attachments reflectin¢
change,stothastandardforn,? [] [] YES IfYes, pages are. o ,ed.. .1 --
Name & Tille of Authorized Permitte~ or Agent ~ / '
- ~ (Typed or Prinled Legibly)
APPROVED BY: ISSUE DATE:
District Maintenance Engineer or Designee
UTILITY PERMIT FINAL INSPECTION CERTIFICATION
DATE:
DATE WORK STARTED:
DATE WORK COMPLETED:
INSPECTED BY:
REMARKS (Brief summary of approved plans changes):
(Permittee or Agent)
CHANGE APPROVED BY:
Dislrlct Maintenance Engineer or Designee
DATE:
I Ihe undersigned PERMITTEE do hereby CERTIFY that the utility construcllon approved by the above numbered permit was inspected and inslalled in accorc
with the approved plans made a part of this permit and in accordance with the FDOT's current Utility Accommodation Manual Ail plan changes have been
approved by the FDOT's Engineer and are attached ~o this permit. I also certify thai the work area has been left In as good or better condition than when the v.
was begun.
PERMITTEE: SIGNATURE: DATE:
Name & Title of Aulhorized Permiltee or Agent
(Typed or Prinled Legibly)
CC: District Permit Office
Permittee
HOLD HARMLESS AGREEMENT FOR WORK
PERFORMED WITHIN THE STATE RIGHT-OF-WAY
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 ~#~ ~)~/k~ .v~C, (hereinafter
referred to as "DEVELOPER").
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
WI'IEREAS, 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 whie?~ 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 actidn 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 ~'~,~,5' tgh/~'
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.
parties, as
representations or understandings of any kind not set forth herein.
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.
This Agreement constitutes the entire agreement and understanding of the
it pertains to the construction or installation of the utility. There are no
Any amendments to this
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:
CITY OF DELRAY BEACH, FLORIDA
By:
David Sctunidt, Mayor
By:.
City Attorney
3
WITNESSES
(Pri r Typ a ·
(P~:int or Type Name)
By: _~',t~
Jhod, l /
"~rim o~ T~pe Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged
~t;f0]~, , 200_~ by J~l, mtta l] ~1~,,
h
officer or agent) of ~'k¢ _/')P/( Z'ne.,
before me this Il day of
(name of officer or agent, title of
(name of corporation
acknowledging), a F'Io},l~ (state or place of incorporation) corporation, on behalf
of the corporation. He/She is personally ~own t%,me or has produced
(type of identification) a n iqca}or~ and did did not) take
,fl~gn. ature of Notary Public-
4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM ~. 0. - REGULAR MEETING OF NOVEMBER 21~ 2000
OCEAN HAMMOCK COACH HOMES DEVELOPER'S AGREEMENT
DATE:
NOVEMBER 3, 2000
This is before the City Commission to approve an agreement between the City and Ironwood
Properties, Inc., the developer of Ocean Hammock Coach Homes, for joint participation in
improvements to be constructed along Pelican Lane and George Bush Boulevard. The agreement
provides that the developer will construct the infrastructure improvements and the City will
provide the construction materials.
The total cost of the improvements is estimated at $199,800. The cost to the City is $62,550.
Funding in the amount of $34,250 will be from 448-5470-538-65.42 (Barrier Island Drainage),
with $28,300 from 442-5178-536-63.50 (Water Main Upgrades).
The agreement has been reviewed and approved as to form and legal sufficiency by the City
Attorney.
Recommend approval of the Ocean Hammock Coach Homes Developer's Agreement with
Ironwood Properties, Inc.
Ref.'Agmemo 16.Ocean Hammock Coach Homes Developer's Agreement
Agenda Item No. ~'-~.
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
Date: 15-Nov-00
When: 21-Nov-00
Description of item (who, what, where, how much): Commission approval/autho#zation for
Mayor to execute agreement with Ironwood Properties, Inc. This agreement is for joint
participation in the improvements along Pelican Lane and George Bush Boulevard. This
agreement requires the developer to construct the infrastructure improvements and the
City agrees to provide materials for use in constructing the req..u~red improvements. Total
cost of improvements is estimated to be Sz~,4~{~he cost to the City is
$62,550.00. Funding is available from 448-5470-538-65.42 and 442-5178-536-63.50.
This agreement is subject to review and approval by the City Attorney.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if ap'plica~le)~
Budget Director Review (recmked on ~11 itern'~t,i~';/°l~ing expenditure of funds): Funding available: E~NO
Funding alternatives '~ (if applicable)
Account No. & Description 448-5470:538:65.42Ba~erlslandDminage
442-5178-536-63.50 Water Ma~n Upgrades
Account Balan~ 448-5470-538-65.42, $108,760.00
442-5178-536-63.50, $265,750.00 ~_~ ~~00~
Ci~ Manager Review:
Approved for agenda: Y
E~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:~... Vetters~fktgistagendaO3. doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David Harden
City Manager
Randal L. Krejcarek, P.E. X /~/
City Engineer
17-Nov-00
Developers Agreement with Ironwood Properties, Inc.
Improvements Along Pelican Lane and George Bush Boulevard
Agenda Item
The attached agenda item seeks Commission approv~l/authOrfzation for Mayor to execute agreement with
Ironwood Properties, Inc. This agreement is for joint participation in the improvements along Pelican
Lane and George Bush Boulevard. This agreement~[equires the developer to construct infrastructure
improvements, which include water main upgrades, sanitary sewer, drainage, retaining wall, road
reconstruction, and appurtenances. The City agrees to provide materials for use in constructing the
required improvements. ~
Total cost of improvements is estimated to be $199,800.00. The cost to the City is $62,550.00.
Funding is available as follows:
Account # Description Amount
448-5470-538-65.42
442-5178-536-63.50
Barrier Island Drainage
Water Main Upgrades
Total
$34,250.00
$28,300.00
$62,550.00
The Developer will be responsible for all construction.
A map is attached which indicates the project location.
Please add this item to the 21 November 2000 commission~agenda.
Thanks. : ~ ....
enc.
cc
Richard Hasko, P.E., Director of Environmental Services
file
S :lEngAdmint TactOcean Hammock~devel agmt agendamemoO l. doc
/
BOULEVARD
CITY of DELRAY BEACH HAMMOCK COACH
ENVIRONMENTAL SEFMCE$ DEPAFtT'MENT
OCEAN HAMMOCK COACH HOMES DEVELOPER'S AGREEMENT
THIS AGREEMENT entered into this __ day of _, 2000, by and
between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter
referred to as CITY) and IRONWOOD PROPERTIES, INC. (hereinafter referred to as
DEVELOPER), provides as follows:
WHEREAS, a project called the Ocean Hammock Coach Homes is being developed
along the south side of Pelican Lane, just north of George Bush Boulevard in Delray Beach; and
WHEREAS, the CITY had planned on making improvements to the public
infrastructure along Pelican Lane and George Bush Boulevard; and
WHEREAS, the DEVELOPER has' agreed to construct/install the infrastructure
improvements that the CITY had planned on making as well as other improvements to the
infrastructure required by the development; and
WHEREAS, the CITY has agreed to provide materials for use in constructing/installing
infrastructure improvements within the rights-of-way of Pelican Lane and George Bush
Boulevard and within easements between Pelican Lane and George Bush Boulevard in an
amount up to $62,550.00; and
WHEREAS, the DEVELOPER has agreed that it is responsible for all labor and
installation of the materials provided by the CITY.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth herein and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the DEVELOPER and CITY hereby agree as follows:
INCORPORATION OF RECITALS. The above-stated recitals are
incorporated as if fully set forth herein.
2. MATERIALS FOR PUBLIC INFRASTRUCTURE The CITY shall
provide to DEVELOPER materials, as listed in Exhibit "A", attached hereto and incorporated
herein, in an amount up to a cost of sixty-two thousand five hundred and fifty dollars
(US$62,550.00) to be used for the construction of the public infrastructure along Pelican Lane
and George Bush Boulevard. The materials provided shall meet standard CITY specifications.
DEVELOPER hereby agrees to accept the materials provided by the CITY and agrees to waive
any warranties or other rights that it may have with regard to the materials provided or with
regard to obtaining substitute materials from the CITY. In no event shall the CITY'S
contribution exceed the above stated amount.
3. PERMITS REQUIRED Nothing in this Agreement relieves DEVELOPER of
any obligation imposed under the CITY'S Land Development Regulations or Code of
Ordinances. Developer is responsible for obtaining any and all permits required in connection
with the development of the Ocean Hammock Coach Homes project, including but not limited
to, permits for construction of the infrastructure in the public right of way.
4. INDEMNIFICATION DEVELOPER shall defend, indemnify and hold the
CITY harmless from any claims, suits, damages, causes of action or any other forms of liability
that are brought against the CITY, its employees, agents, contractors and assigns arising out of
DEVELOPER'S installation of the infrastructure until such time as the CITY has accepted the
infrastructure. DEVELOPER shall provide a one year warranty on the installation/construction
of the infrastructure starting from the date of acceptance by the CITY.
5. GOVERNING LAWS; VENUE Any claims, lawsuits or disputes that may
arise under this Agreement shall be governed by th~ Laws of Florida, with venue in Palm Beach
County, Florida.
6. INTEGRATION; AMENDMENTS This Agreement constitutes the entire
agreement and understanding of the parties. 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.
IN WITNESS '~fflEREOF, the parties hereto have entered into this Agreement as of the
day and year first above written.
ATTEST:
By:
City Clerk
Approved as to Form:
By:
City Attorney
CITY OF DELRAY BEACH
By:.
Mayor, David Sclunidt
WITNESSES:
(Name Printed or Typed)
IRONWOOD PROPERTIES, INC.
By:.
Name;
Title:
(Name Printed or Typed)
STATE OF
COUNTY OF
The foregoing instrumem was acknowledged before me this __ day of
, 2000, by , as
(name of officer or agem, title of officer or agent), of Ironwood Properties, Inc. (name of
corporation acknowledging), a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally known to me or has produced
_ (type of identification) as identification.
Signature of Notary Public
EXHIBIT A
OCEAN HAMMOCK COACH HOMES
DEVELOPER'S AGREEMENT
3' High Retaining Wall 350 LF
Type F Curb and Gutter 700 LF
Type F Curb and Gutter 500 LF
8" PVC Watermain 660 LF
Fire Hydrant 2 EA
8" DIP Sewer main 150 LF
Manhole (4'-6' cut) 1 EA
Paver Bricks 8000 SF
Ashphalt Pavement 175 TON
Drainage Structures 5 EA
15"RCP 300 LF
Print Date: 11/17/00
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM 8- ~4. - REGULAR MEETING OF NOVEMBER 21, 2000
SERVICE AUTHORIZATION #2/CH2M HILL (ALTERNATIV~ WATER
TREATMENT TECHNOLOGY STUDY)
NOVEMBER 17, 2000
This is before the City Comrmssion to approve Service Authorization #2 in the amount of $45,900.00
with CH2M Hill for professional engineering services to conduct an alternative treatment technology
study. The purpose of the study is to deterrmne the most viable alternative treatment, which will
ultimately be implemented in order to comply with Environmental Protection Agency (EPA) Stage II
Disinfection Byproduct Rule (DPR) requirements. The study will include a detailed analysis of raw
water data and comparative studies of three major types of akemative treatment (ozone generation,
ion exchange and membrane softening).
In addition to meeting the DPR requirements, the alternative treatment when implemented will
enhance the color removal problem that has plagued our treatment process for some time. The
deadline for meeting Stage II is January 1, 2004. By having the study done now, we will have the
ability to design and construct the alternative treatment process in sufficient time to meet the deadline
and possibly avoid any additional studies.
Funding for the study is available from 441-5122-536-31.30 (Water & Sewer -
Engineering/Architectural).
Recommend approval of Service Authorization #2 with CH2M Hill for an alternative treatment
technology study for the Water Treatment Plant.
Ref:Agmemol6.ServiceAuth.#2.CH2M Hill.Alternative Treatment Technology Study
Request to be placed on:
X Regular Agenda
__ Special Agenda
Workshop Agenda
~GENDAREOUEST
Agenda Item No. ~]4
Date: November 15, 2000
When: November 21, 2000
Description of item (who, what, where, how much): Staff requests Commission approval of Service
Authorization No. 2 to CH2MHILL for professional engineerin~ services for an alternative treatment technology
study. Services include detailed analysis of raw water data and comparative studies of three maior types o£
alternative treatment; ozone generation, ion exchange and membrane softening. The purpose of this study is tv
determine the most viable alternative treatment, which will be implemented to meet the Environmental
Protection A~ency (EPA) stage II disinfection byproduct rule (DPR) requirements. Our existing lime
softenin~ treatment will require supplemental treatment to meet these requirements. In addition to meeting tt,,~
DPR requirements the alternative treatment when implemented will enhance our color removal problem which
has plagued our treatment process for some time. The deadline for meetin~ stage II is January 1, 2004. By
conductin~ the study at this time we will have the ability to design and construct the alternative l~eatment
process in sufficient time to meet the deadline and possibly avoid any additional studies. Total amount of
Service Authorization No. 2 is $45,900.00 and fundin~ is available from Account # 442-5122-536-31.30,
Engineering/Architectural.
ORDINANCE/RESOLUTION REQUIRED: YES~__~O DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization No. 2 for CH2IVlHILL in the amount of
$45,900.00.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (requ~ on all items involving expenditure of funds):
Funding available:
Funding alternatives (if applicable)
Account No. & Descrip~o.n
q
Ci~ M~ager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:.
Action:
Approved/Disapproved
S:~EngAdmin~Projects~2001 ~2001-013\OFFICIAL~AgendaReq - 111500.doe
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, ~
Deputy Director of p~l~C-lYfilities
November 15, 2000
Alternative Treatment Technology Study
Water Treatment Plant
Project Number 200~-013
Attached is an Agenda Request for Service Authorization No. 2 to CH2MHILL for professional
engineering services related to the subject project. Services include detailed analysis of raw water
data and comparative studies of three major types of alternative treatment; ozone generation, ion
exchange and membrane softening. The purpose of this study is to determine the most viable
alternative treatment, which will be implemented to meet the Environmental Protection Agency
(EPA) stage II disinfection byproduct rule (DPR) requirements. Our existing lime softening
treatment will require supplemental treatment to meet these requirements. In addition to meeting
the DPR requirements the alternative treatment when implemented will enhance our color removal
problem which has plagued our treatment process for some time. The deadline for meeting stage II
is January 1, 2004. By conducting the study at this time we will have the ability to design and
construct the alternative treatment process in sufficient time to meet the deadline and possibly
avoid any additional studies. The total amount of Service Authorization No. 2 is $45,900.00 and
funding is available from Account # 441-5122-536.31-30, Engineering/Architectural.
Please place this item on the November 21, 2000 Agenda for consideration by City Commission.
CCi
Richard C. Hasko, P.E., Director of Environmental Services
John Bullard, Manager of Water Treatment Plant
City Clerk
Agenda File
S:~EngAdminXProjectsX200 B2001-013\OFFICIAL\Treatment Study.doc
Service Authorization No. 2 to the Agreement to Furnish
Professional Services Dated July 6, 1999, Between the
City of Delray Beach, Florida and CH2M HILL, Inc.
Title:
Alternative Treatment Technology Study
Category of Work: Professional Engineering Services- Study
Introduction
The City of Delray Beach (CITY) has a 23 million-gallon-per-day (mgd) water treatment
plant (WTP) which utilizes lime softening and c~ual media filtration. The source
groundwater is high in color and high in total organic carbon (TOC). When using free
chlorine for disinfection, the highTOC in the source water has a significant potential for
DBP formation.
From the ICR Treatment Study Summary Report (CH2M HILL, July 1999), the average
source water TOC was 10.4 mg/L. Under simulated distribution system conditions using
free chlorine, this water formed an average of 205 gg/L of total trihalomethanes (THM4)
and 172 gg/L of total haloacetic acids (HAAS). These values do not meet the Stage 1
Maximum Contaminant Levels (MCLs) under the Stage 1 D/DBP rule for THM4 and
HAA5, which are 80 Ixg/L and 60 gg/L respectively.
The current lime softening process has limited TOC (DBP precursor) removal capability. To
meet the Stage 1 D/DBP regulations, the CITY will have to consider changes to their raw
water supply or consider treatment processes that will; remove DBP precursors, limit DBP
formation, remove the DBPs themselves, or a combination of these treatment objectives.
To address future regulations, the CITY has requested that CH2M HILL submit a proposal
to investigate alternate treatment technologies and to identify cost effective measures which
would bring the WTP into compliance with future DBP regulations.
This Task Order outlines the proposed scope of work, costs, and schedule for CFI2M HILL
(CONSULTANT) to carry out an Alternative Treatment Technology Study.
Scope of Services
The CONSULTANT will provide specific services to the CITY in accordance with the
following task descriptions.
Task 1 - Raw Water Supply Evaluation
Currently the City operates its wellfields in accordance with its Water Use Permit (issued
January 14, 1999). The attached figure presents a raw water supply schematic. There are
two treatment trains. Train 1 is a blend of raw water from the East wells and the 20-Series
wells. This blend is treated and softened through treatment units 1 and 2. Train 2 is a blend
of raw water from the 20-Series, Golf Course, and Morikami wells. This blend is treated and
softened through treatment units 3 and 4. During average demand periods, the
approximate ratios of raw water from 4 wellfields at the WTP are summarized as follows.
Train Treatment Units Raw Source Percent of Total Color (TCU)
1 1 & 2 East Wells 28% 23
20 Series Wells 22% 41
2 3 & 4 20 Series Wells 21% 41
Golf Course Wells 18% 37
Morakami Wells 11% 52
During average demand periods (most recently between 15.0 and 18.0 MGD), the water is
about 40 color units (CU), while during maximum day demand periods it measures around
60 CU and sometimes higher. The latter is generally presumed to be when all three
Morikami Park wells are pumping at 4.3 MGD/when color concentrations are the highest.
Although raw water TOC concentrations are not ixieasured as frequently as color, its
expected that TOC in Morikami Park is also higher since the source of the color is from
organic material such as humic add.
Since there are two distinctive treatm_~nt trains, each train can be evaluated individually
with respect to alternative treatment technologies. There may be the option of upgrading
one treatment train and not the other so that the final treated blend meets the Stage 1
D/DBP. If this option exists, it may then be possible to upgrade the second train in the
future to meet the Stage 2 D/DBP rule (if required).
To investigate the various treatment alternatives to meet the Stage 1 D/DBP rule, it is
recommended that the following scenarios be evaluated:
· Alternative treatment processes for Train 2 only (includes Morikami Wells) to determine
if the water quahty of the Train I / Train 2 treated blend can meet the Train 1 D/DBP
rule
· Alternative treatment processes for Train 2 only after reducing the Morikami well
fraction to determine the impact of the Morikami wells and to determine if the Train 1 /
Train 2 treated blend can meet the Stage 1 D/DBP rule
· Investigate alternative treatment processes and blend ratios for both Trains so that water
quality of the treated blends meets the Stage 1 D/DBP rule
The first scenario would determine ff Train 2 (assumed to be the worst-case water quality
with Morikarni Park wells operating) could be upgraded so that the final treated water
blend meets the water quality targets.
Since the Morikami Park wellfield produces the greatest amount of color and TOC, the
second scenario would determine the impact of the Morikami wells and determine if
reducing the ratio of Morikami water would make it possible to upgrade Stream 2 in a more
cost effective manner. Reducing the ratio of Morikami water would be accomplished by:
· finding a new source of supply (with similar water quality to the Golf Course and 20°
Series wellfields) to replace or supplement the Morikarni wellfield or
· by increasing the output of 20-Series and/or Golf course wells to replace or supplement
the Morikami wellfield.
Although there is currently a permit limit on the amount that can be pumped from each of
the wellfields, there may be some flexibility by the South Florida Water Management
District (SFWMD) in modifying some of the allocations. With respect to new sources,
alternative locations might include other public property owned by the City in the general
vicinity of the Golf Course and 20-Series weltfield where color and TOC would be lower
than in Morikami Park. An analysis of a new wellfield location would, of course, have to
consider the fate of the Morikami Park Wellfield and over 5-miles of 24-inch raw water
transmission mains.--.If the initial analysis indicated that the treatment required with a
source water quality without Morikami Park Wellfield would be clearly more cost effective,
then additional study would be required to develop that alternative in more detail.
The third scenario would determine the upgrade~ requirements for both trains to meet future
water quality regulations. This scenario would be required if upgrading only one stream
could not meet water quality targets, This scenario may also be the most cost-effective
depending on the level of upgrade required for both trains as opposed to a single train.
Task 2 - Bench Testing to Evaluate Relative Performance of Selected
Technologies
The alternative treatment technologies that will be evaluated include the following:
· Ozone as an alternative disinfectant (DBP control and color reduction)
· Ion exchange for removal of organics (DBP precursors and color)
· Nanofiltration (membrane softening)
The primary objective will be the mitigation of DBP levels in the finished water with a
secondary objective of color reduction. Some bench-scale work will be carried out in the
CH2M HILL Process Lab in the Corvallis office. This is the same lab that carried out the ICR
Treatment Study.
For this evaluation, it is assumed that any alternative treatment technology that is successful
for Train 2 would also apply to Train 1. Train 2 testing will be carried out for the following
blend ratios:
Normal Blend 20 Series Wells 42%
(Train 2) Golf Course Wells 36%
Morakami Wells 22%
Alternate Blend 20 Series Wells 53%
(Train 2) Golf Course Wells 47%
Morakami Wells 0%
Bench Testing will include the following:
Ozone DemahdlDecay After
· Normal blond (Train 2) + Aeration + Lime Softening (no prechlorination)
· Alternate blend (Train 2) + Aeration + Lime Softening (no prechlorination)
Ion Exchange
· Normal blend (Train 2) + Prechlorination + Aeration + Lime Softening + CO2 +
Filtration + Ion Exchange (move post chlorination after ion exchange
· Alternate blend (Train 2) + Prechlorination + Aeration + Lime Softening + CO2 +
Filtration + Ion Exchange (move post chlorination after ion exchange)
Membrane $oftening~.
· We should have membrane softening results from ICR
· Look at different blonds of membrane softened and lime softoned water
Treated Train 2 water will then be blended with.normally treated Stream 1 water to
determine the final water quality, The Process Lab will use water samples from the
wellfields to make up the blends, treat the water as appropriate to match the
processes, and test the alternative treatmont technologies being evaluated.
The critical water quality paramet_e_rs to be tested include:
· TOC/DOC
· Color
· SDS-DBPs
· Bromide/Bromate
· iron
These tests would be carried out on:
Baseline and Treated Train 2 water
Treated Train 2 water blended with appropriate Stream 1 plant water at the following
ratios:
· 50/50
· 25/75
· 75/25
SDS-DBPs will be projected based on TOC/DBP correlations established during the ICR
Treatment Study. Other water quality parameters such as TOC, color, and iron may be
projected for the Train 1/Train 2 blends based on mass balances and established
correlations. Also, during the ICR Treatment Study, membrane softening testing was
carried out. It is assumed that the ICR results are still valid and further membrane softening
testing is not required. It is also assumed that ICR test results can be combined with
historical WTP water quality data to estimate the effects of blending membrane softened
water with lime softoned water.
Task 3 - Final Report
Following completion of the bench-testing program, the CONSULTANT will prepare a
summary letter report of the findings from Task 1 and Task 2.
The report will compile and evaluate the test data with respect to primary and secondary
objectives, but also will address the ability to permit (under alternative wellfield water use
allocation scenarios), and the ability to meet expected future regulations (e.g., Stage 2
D/DBP rules). The report will include recommendations for the CITY to meet these
expected regulations. Order-of-magnitude cost estimates will be developed for each
treatment option. These costs will be presented in a matrix form that will also include a
relative ranking of treatment performance for each option based on water quality and future
requirements.
Five copies of the draft report will be submitted to the CITY for review. A review meeting
be conducted with the CITY to discuss the results and any comments the CITY may have.
The CONSULTANT will incorporate the CITY's, review comments and submit 5 copies of
the final letter ~port to the CITY.
Schedule
CH2M HILL will commence work on the Scope of Services upon receipt of a fully executed
copy of this Specific Authorization fr6m the City, which will serve as the notice to proceed.
It is estimated that the complete services described herein will be completed within 90 days
from the notice to proceed.
Assumptions
The following assumptions were used to develop the scope of work and fee and will be
considered part of this TASK ORDER.
· The CITY shall collect required quantities of raw water from the various wellfields and
treatment plant locations and arrange and pay for shipping of water to the CH2M HILL
process lab in Corvallis, Oregon.
· The CITY shall collect and analyze any ancillary raw water samples for water quality
parameters that are deemed necessary for the study.
Compensation to the CONSULTANT
Compensation for professional consulting engineering services as described herein is a
lump sum of $45,900. Compensation for services shall be in accordance with Article VII.A.1,
of the AGREEMENT. Exhibit A attached presents a breakdown of the estimated labor and
expense charges per the Agreement.
This service authorization is approved contingent upon the CITY's acceptance of and
satisfaction with the completion of the services rendered in the previous phase or as
encompassed by the previous service authorization. If the CITY in its sole discretion is
unsatisfied with the services provided in the previous phase or service authorization, the
CITY may terminate the contract without incurring any further liability. The
CONSULTANT may not commence work on any service authorization approved by the
CITY to be included as part of the contract without a further notice to proceed.
Approved by:
CITY OF DELRAY BEACH:
Date:
David Schmidt
Mayor
Attest:
Approved as to Legal Sufficiency and Form
M HILL, INC. (Corporate Seal)
Thomas McCo~ck, P:G. (da~)
Vice Pr~id~t ~d ~a Manager
' Wi~ ~
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was ,
ac~knpwledged before me this _~_ day of
~ 2000, by Thomas McCormick, Vice
President and Area Manager, CH2M HILL,
Inc., a Florida corporation, on behalf of the
corporation. He is personally known to me
an~did Dot) ~ake a~. o~a~.,
l~obbie Willcox /-
Notary Public ~
State of Florida
(Seal)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~/CITY MANAGER
SUBJECT: AGENDA ITEM <~'. ~.- REGULAR MEETING OF NOVEMBER 21. 2000
CONTRACT ADDITION (C.O. #B/FLORIDA BLACKTOP, INC. (EAST
ATI.ANTIC AVENUE LANDSCAPE LIGHTING)
DATE:
NOVEMBER 17, 2000
This is before the City Commission to approve a contract addition (C.O. #1) in the amount of
$31,655.95 with Florida Blacktop, Inc. under the Pineapple Grove Way Improvements contract. The
additional work involves the construction and installation of new electrical power circuits to
accommodate the new landscape ]ighling improvements along East Atlantic Avenue (between the
bridge and Venetian Drive). The improvements consist of rope lighting the palms along the north
and south sides of Aflanric Avenue.
Funding is available from 334-6111-519-63.90 (R&R Buildings & Equipment - Other Improvements).
Recommend approval of the contract addition (C.O. #1) with Florida Blacktop, Inc. for the East
Atlantic Avenue landscape lighting project.
RefiAgmemol 1.Contract Addition. Florida Blacktop. EA~x Landscape Lighting
Agenda Item No. ~'. ~-.
AGENDA REQUEST
Date: November 16, 2000
Request to be placed on:
X
Regular Agenda
Special Agenda
__ Workshop Agenda
When:November21,2000
Description of item (who, what, where, how much): Attached is an Agenda Request for City
Commission to approve a Change Order #1 (Contract Addition) to Florida Blacktop Inc. in the amount of
$31,655.95 on the Pineapple Grove Way project (PN 99-039). This Contract Addition is for the
construction and installation of new electrical power cimuits to accommodate the new landscape lighting
improvements along East Atlantic Avenue (PN 2000-063), between the bridge and Venetian Drive. The
improvements consist of rope lighting the palms along the north and south sides of Atlantic Avenue.
Funding is available from 33r~'X~[~-~A~3. 334-6111-519-63.90.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends award of Change Order #1 to Florida Blacktop Inc. for the work
d escri bed above.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (refill[ed oP'cN[ item~invp[Y~g expenditure of funds):
Funding available: ~S)'NO(~
Funding altematives"(-if a pplica b"le):
Account No. & Description ~~~334-6111-519-63.90 Or:he]: Tmp~co'w
Account Balance $31,746.00 (after transfer)~,ag,,~
City Manager Review:
Approved for agenda:~,,~NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:~...~0063~agreq 1112100
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
DAVID HARDEN
City Engineer
EAST ATLANTIC AVE LANDSCAPE LIGHTING, PN 2000-063
Agenda Request for 11/21/00 City Commission Meeting
NOVEMBER 16, 2000
www. delrayesd, com
Attached is an Agenda Request for City Commission to approve a Change Order #1 (Contract Addition) to
Florida Blacktop Inc. in the amount of $31,655.95 on the Pineapple Grove Way project (PN 99-039).
This Contract Addition is for the construction and installation of new electrical power cimuits to
accommodate the new Landscape Lighting Improvements along East Atlantic Avenue (PN 2000-063),
between the bridge and Venetian Drive. The improvements consist of rope lighting the palms along the
north and south sides of Atlantic Avenue between the lrlt~'acoastal Watenvay and Venetian Drive..
The scope of work includes providing new step-up transformers at the electric service locations to meet the
new power requirements and new branch circuits with GFI receptacles at the base of each tree. The work
will be completed by Christmas,
Funding is available from 33rdr,-~tg~,~$l~l~);3[Z 334-611 t-519-63.90 pending budget transfer.
CC: Richard Hasko
Howard Wight
Victor Majtenyi
File 00-63 (A)
s\...\O063~agmembidaward 112100
$:lEngAdminlProjects12000~2000-O631CONSTRCTMgendamerno ll2100, dot
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 (Contract Addition) PROJECT NO. 99-039 DATE:
PROJECT TITLE: Pineapple Grove Way
TO CONTRACTOR: Florida Blacktop Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION
Furnish and install new electrical power circuits for new Landscape Lighting along East Atlantic Avenue (PN 2000-
063), north and south side of street, from the bridge to Venetian Drive, as per attached Exhibit A.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER ~
PER CENT 1NCREASETHIS CHANGE ORDER 1.5 %
TOTAL PER CENT INCREASETO DATE 1.5 %
$2,054,929.26
$0.00
$2,054,929.26
$31,655.95
$2,086,585.21
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Florida Blacktop Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Sen/ices Funding is available from
DEPARTMENT
FUNDING CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
APPROVED:
By:
ATTEST:
By:
Mayor
City Attorney City Clerk
FF~Jlq : FLORIDA BLACKTOP INC
FAX NO. -' 9549?959?2 Now. iS 2000, 05:54PM P2
Spor.tshghte lec c, Inc.
460 ~sin~ ~y, Sure ~ R~;I Palm ~ch, FlorJd~ 3~11
D~e:
To:
Project:
Subject:
NOVEMBER 9,200O
FLORIDA BLACKTOP, iNC,
ATLANTIC AVE PROPOSAL
ELECTRICAL POWER TO ~FI RECEPTACLES
Via Facsimile Pages: 1
Sport~lighter Eleclri~ will include the foltowi~g add~lional ~f~'ms per ~e drawings da~e¢l July 14. 2{30O with II~lited
modifications to the design.
Our Quotatio~ Will IN¢I.UDEthe Follov~il'~'.
1, 15- 20 am p GFI recel31adea for tree Ilghtbg witfl branch 130war c~mult, s and ¢ondu~.
2, 2- ~ 0 kva 480--240t120 Ml~t-power zone ~'aneformam, one ~ be located at Bart Ter~ Condo, and one at the
Watenvays East Commerdai
3. 2- t 0 kv~ 240/~EI0 ~p-Up ~'~msfon'~em, to 13e located a the elacfl'ical
4. 2- 30 amp Funlble Safety Eheitohes, ~ be loc, e{ed · the electflcal ~er'aces Io~n.
5. Remo~ the e.xislJng branch re~ ~rcu~ and repla~ ~em
~u~ s~e of~en~ A~. ~ ~ake ro~ for ~e n~
6. Add n~ 480 voit c~ for ~e new transtar feeds.
Total cost complete .................................................................. $29,S85.00
City of belray Beach
Budget Transfer Form
(1) Departmental Line Transfer
(3) Intertund/Interdepartmental Transfer
(2) Date November 16, 2000
(4) Batch Number
PROJECT #
(5) Requested By: Howard Wight
(6) ACCOUNT NUMBER
~9-039
200063
334-3162-541-61.17
334-3162-541-63.11
334-6111-519-65.12
334-6111-519-63.90
(7) DESCRIPTION
~treet Reconstruction
Bike/Sidewalks
N.E. 2nd Avenue
3ther Improvements
,(10) TOTAL
(8) TRANSFER OUT
7,298
18,684
31,656
JUSTIFICATION: To coverthe cost of Change Order#1.to Florida Blacktop, In¢ in the
amount of $ 31,655.95. The change order is for the construction and installation of
new electrical power circuits to accommodate the new landscape lighting improvements
along East Atlantic Avenue (project number 2000-63).
~tHead~
Finance Director
Asst City Manager_
City Manager
(11) Budget Revision Date_
(13) Period
cc: PN 2000-063
ORIGINAL-BUDGET
CANARY~FILE
(12) Control Number
(14) Count
PINK-DEPARTMENT
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM ~x~ - REGULAR MF.F. TING OF NOVEMBER 21, 2000
REVIEW OF APPEAI.~RI.~. LAND DEVELOPMENT BOARD ACTIONS
NOVEMBER 17, 2000
Attached is the Report of Appealable Land Use Items for the period November 6th through
November 17, 2000. It informs the Comrmssion of the various land use actions taken by the
designated boards that may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
RefiApagmemo/Appealables/11.21.00
TO:
THRU:
FROM:
SUBJECT:
MANAGER
PRINCIPAL PLANNER
REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 6,
NOVEMBER 17, 2000
2000 THRU
The action requested of the City Commission is that of review of appealable actions which
were made by various Boards during the period of November 6, 2000 through November 17,
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.
Denied (4 to 0, Branning, Perez-Azua and Eliopoulos absent), a request for a free
standing sign for David's On The Avenue, within Atlantic Plaza located at the
northeast corner of East Atlantic Avenue (777 East Atlantic Avenue). The Board
approved the fiat wall sign for a period of three months provided that a master sign
program be submitted for the entire plaza.
Approved (4 to 0), a request for a fiat wall sign for Econometry, an existing office
building located within the Arbor Office Park, located on the east side of Congress
Avenue, south of Linton Boulevard (1615 South Congress Avenue).
City Commission Documentation
Appealable Items Meeting of November 21, 2000
Page 2
Approved (3 to 1, Sneiderman dissenting), a fiat wall sign for Starbucks Coffee, an
existing restaurant within the Delray Town Center, located at the northeast corner of
Linton Boulevard and Military Trail (4801 Linton Boulevard).
Approved (4 to 0), a request for a color change for Southeastern Alliance Title,
located at the southwest corner of NE 1st Avenue and NE 4th Street (354 NE 1St
Avenue).
Approved (4 to 0), a request for a color change for Hessler Paint & Decorator Center,
an existing commercial building, located on the north side of West Atlantic Avenue, west
of Barwick Road (4591 West Atlantic Avenue).
Approved (4 to 0), a request for a color change for Shell Gasoline Station, located at the
southeast corner of Congress Avenue and West Atlantic Avenue (1960 West Atlantic
Avenue).
Approved (4 to 0), a request for a color change for Shell Gasoline Station, located at
the southwest corner of West Atlantic Avenue and Military Trail (5010 West Atlantic
Avenue).
H. Approved (4 to 0), a request for a color change for Church of the Palms, located at the
southwest corner of Swinton Avenue and NW 22nd Street (1960 Swinton Avenue).
Approved (4 to 0), a request for site plan approval extension for WDBF Radio Station,
located on the south side of West Atlantic Avenue, east of Homewood Boulevard (2710
West Atlantic Avenue). The Board granted an 18 month extension which expires on July
14, 2002.
Approved with conditions (4 to 0 ), a Class II site plan modification, landscape plan and
architectural elevation plan associated with the installation of additional parking and
elevation changes for Azalea House Apartments, located on the east side of NE 8th
Avenue, approximately 950' north of George Bush Boulevard (1021 NE 8th Avenue).
Approved with conditions (4 to 0), a Class IV site plan modification, landscape plan and
architectural elevation plan associated with the demolition of the existing
showroom/offices and service write-up building and construction of a new 2-story
showroom/office and write-up building for Sherwood Pontiac, located on the west side of
South Federal Highway, approximately 600 feet north of Fladell's Way (2400 South
Federal Highway). Concurrently, the Board approved the following waivers:
· Reduced the open space requirement from 25% of the site to 17% of the site; and,
· Reduced the stacking distance from the required 50 feet to 38 feet.
City Commission Documentation
Appealable Items Meeting of November 21, 2000
Page 3
1. Approved (6 to 1, Jamison dissenting), a request for a Certificate of Appropriateness
associated with the rehabilitation of the rear cottage at a contributing residence located in
Bankers Row at 2271/2 NE 1st Avenue. The Board also approved (7 to 0), the
preconstruction application for the Historic Property Tax Abatement Program.
2. Approved (6 to 0, Bodker abstained), a request to reconsider the condition of approval
requiring a 6' high c.b.s, perimeter wall for Marina Bay, a proposed townhouse development.
The Board's approval will allow the installation of a 5' high white aluminum decorative fence.
The Board also, approved the demolition of the apartment building at 132 Marine Way, with
such demolition not to occur before December 15, 2000.
Other Items
The Board reviewed a request for the abandonment of the north/south portion of the alley
within Block 61, lying south of West Atlantic Avenue, between Swinton Avenue and SW 1st
Avenue and recommended that the Planning and Zoning Board continue the request until a
master development plan or a boundary plat which incorporates all adjacent parcels is
processed.
No Regular Meeting of the Planning and Zoning Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
NOVEMBER 21, 2000
A. DAVID'S ON THEAVENUE
B. ECONOMETRY
C. STARBUCKS COFFEE
D, SOUTHEASTERN ALLIANCE TITLE
E. HESSLER PAINT &
DECORATOR CENTER
F, SHELLGASOLINESTATION
G. SHELL GASOI INE STATION
H. CHURCH OF THE PALMS
WDBF RADIO STATION
J. AZALEAHOUSEAPARTMENTS
SHERWOOD PONTIAC
H.P.B.:
1. 227 1/2 N.E. 1STAVENUE
2. MARINA BAY TOWNHOMES
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM ~'~ - REGULAR MEETING OF NOVEMBER 21, 2000
AWARD OF BIDS AND CONTRACTS
DATE:
NOVEMBER 17, 2000
This is before the City Commission to approve the award of the following contract:
Contract award in the amount of $17,907.75 to William Hatcher Construction for the
rehabilitation of a single family housing unit at 237 S.W. 11th Avenue, with funding from 118-
1924-554-49.19 (SHIP Housing Rehabilitation).
Recommend approval of the contract award listed above.
Re f:Bid~Agmemo.11.21.00
Request to be placed on:
__ Regular Agenda
__ Special Agenda
Workshop Agenda
xxxx Consent Agenda
AGENDA REQUEST
Description of item (who, what, where, how much):
ADDRESS CONTRACTOR
Agenda Item No.:
Date: November 17, 2000
When: November 21, 2000
TOTAL GRANT AMOUNT
237 SW 1 lth Avenue
William Hatcher Construction
$17,907.75
(Example: Request from Atlantic High School for $2,000 to fund project graduation).
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of one (1) Housing Rehabilitation Grant and Contract
Award from Account 118-1924-554.49-19 in the amount of $17,907.75. The ~rant amount
includes a 5% contingency.
(Example: Recommend approval with funding from Special Events Account No.
001-3333-555-44.55). ~ /~,.~ .~/~~-
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available:
Funding Alternatives: ~ (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David T. Harden, City Manager
Kenneth L. Thomas, Community Development Coordinator
Lula Butler, Community Improvement Director
November 17, 2000
Community Development Division's Housing Rehabilitation Grant Award for
One (1) Unit
ITEM BEFORE THE COMMISSION
This is to request approval for one (I) Housing Rehabilitation grant award to the lowest
responsive bidder. This request is in accordance with the City's Community Development
Division's approved Policies and Procedures.
BACKGROUND
The grant awards are based on the actual cost of the rehabilitation as determined by the low
responsible bidder plus a 5% contingency. The contingency may be used for change orders and
all unused funds will remain with the Housing Rehabilitation grant program.
As part of the City's Renaissance Program to provide affordable housing, the City bided for the
purchasing of the subject property that was solicited by the Delray Beach Public Housing
Authority as pan of their "Request for Proposal" during the month of September. Subsequently,
the bid was awarded to the City's Renaissance Program for $40,000. The single-family home
rehabilitation cost is $17,907.75. Cedonia Brown has placed the proceeds from the sell of her
vacant lot in the amount of $17,239.65 in escrow with the City to offset the cost of acquisition.
Ms. Mary Robinson, who is the daughter of Cedonia Brown currently lives in the DBHA
Complex, she will acquire the property from the City after her home has been rehabilitated.
Therefore, this request is to award the bid for rehabilitation of the subject property located at 237
SW 11 th Avenue, to the lowest bidder for acquisition by a first time homebuyer.
Inspection of work is done by the Department of Community Improvement's Building Inspection
and Community Development Division. Contracts are executed between the building contractor
and the property owner. The City remains the agent and this office monitors all work performed
by the contractor ensuring compliance according to specifications and program guidelines. Pay
request forms require both contractor and homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies and Procedures.
The rehabilitation activities will bring the homes to minimum code requirements by repairing the
roof, electric and plumbing systems and correcting other incipient code violations. Detailed
work write-ups and individual case files are available for review at the Community Development
Division Office.
work write-ups and individual case files are available for review at the Community Development
Division Office.
The Community Development Division is responsible for ensuring that the housing rehabilitation
contracts are awarded to the lowest responsible bidder, as a result of a formal bid process.
Therefore, an in-house policy was created to limit awards to the lowest responsible bidder within
10% of the Division's professional in-house estimate. This serves to disqualify unreasonably low
bids and therefore protect against the resulting change order requests. This policy further assists
the Division with its goal of completing each rehabilitation activity utilizing the estimated
amount of funding required.
The Contract Award and Bid Summary sheet is attached for your reference.
RECOMMENDATION
Staff recommends awarding the bid for one (1) Housing Rehabilitation project to the verified
responsible Iow bidder and authorizes an award in the following amount:
Address Contractor Grant Amount
237 SW 11th Avenue William Hatcher Construction $17,907.75
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2001-06 HHR
APPLICANT: City of Delray Beach
PROJECT ADDRESS: 237 SW 11tb Avenue
DATE OF BID LETTERS:
DATE OF BID OPENING:
NAME OF CONTRACTORS
ABISSET CORPORATION
October 26~ 2000
November 10t 2000
WILLIAM HATCHER CONSTRUCTION
AMOUNT OF BIDS
$ 24~940.00
$ 17~055.00
T. H. MOTTLEY CONSTRUCTION
KONRADY CONSTRUCTION CO., INC.
CRAFTSMAN PLUS, lNC.
DAKOTA CONSTRUCTION, INC.
ABBA CONSTRUCTION, INC.
HENRY HAYWOOD
FRANK BOUMAN CONSTRUCTION
$ 25~550.00
$ 30~996.03
$
MICHAEL SHUBERT CONSTRUCTION, INC.
WRIGHT'S WAY ROOFING
SOUTH FLORIDA CONSTRUCTION
NAUTILUS CONTRACTING CO., INC.
IN-HOUSE ESTIMATE
CONTRACTOR AWARDED CONTRACT:
BID/CONTRACT AMOUNT: $17,907.75
$852.75)
$
$
$ 21~025.00
$
$ 15,527.00
William Hatcher Construction
($17~055.00 bid/contract amount + 5% contingency of
FUNDING SOURCE: SHIP Rehabilitation Line Item Account No. 118-1924-554.49-19
COMMENTS:
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM Cfi~ - REGULAR MEETING OF NOVEMBER 21, 2000
POLICE COMPENSATION PACKAGE
NOVEMBER 17, 2000
The City Commission is requested to approve the proposed changes in the Police compensation
program as agreed to at last week's workshop, along with the funding for the balance of FY 2001.
Compensation changes are proposed in the Career Officer Program, Educational Incentive Program,
Operational Incentive Pay and the Disability Insurance. The total annual estimate for the changes is
$334,448. Funding would come from General Fund unappropriated fund balance. The program
would start with the first pay period in December 2000. The estimated cost for the balance of this
fiscal year is $283,000.
Recommend approval of the proposed Police compensation package.
RefiAgmemol0.Police Compensation Package
PROPOSAL
The Delray Beach Police Department's Career Development Program
encourages non-supervisory officers to participate in a challenging program
which offers personal growth, professional advancement, and career
recognition. This program contains five (5) levels of advancement starting with
Police Officer First Class (PO1), Career Officer 1 (CO1), Career Officer 2 (CO2),
Career Officer 3 (CO3) and Master Police Officer (MPO).
CAREER OFFICER PROGRAM CURRENT DOLLARS
Level #'s AMOUNT TOTAL COST
MPO 1 $3,000 $3~000
CO3 9 $2,200 $19,800
CO2 13 $1,400 $18~200
CO1 15 $600 $9,000
PO1 17 0 0
TOT $50,000
;AREER OFFICER PROGRAM OUR PROPOSAL
Level #'s CURRENT $'S TOTAL COST
MPO 1 $3,500 $3,500
CO3 9 $2,600 $23,400
CO2 13 $1,800 $23,400
CO1 15 $1,000 $15,000
PO1 17 $500 $8,500
TOT $73,800
Total additional cost to the city for this item: $23,800.
EDUCATIONAl, INCENTIVE
We recognize our college educated sworn employees through our Educational
Incentive Plan. Our current amount paid for a bachelor's degree is $1.00 and
for an associate's degree it is $0.50 per hour, or $2080 per year for a bachelor's
degree and $1040 for an associates degree. The new proposal increases the
amount paid for a bachelor's degree to $2.00 and for an associate's degree to
$1.00. Here is how this change impacts the department financially.
Degree # Current Total PropOsed Total
Bachelor 63 $1.00 $131,040 $2.00 $262,080
Associates 29 $.50 $30,160 $1.00 $60,320
J Total $161,200 $322,400
Total additional cost to the city for this item: $161,200.
PROPOSAL
OPERATIONAl, INCENTIVE PAY
We currently are expending $30,784.00 towards patrol incentive pay for eligible
officers, sergeants and lieutenants. To be eligible for these monies the sworn
employee must be working within one of the three districts, working either the
4-12 shift, the 12-8 shift or one of the 11.5 hour night shifts, and have a
minimum of three years experience. What is proposed is that we remove the
monetary cap that is in place and extend the benefit to all eligible officers,
including officers working nights on the West Atlantic Avenue Task Force, the
Tac Unit and our Canine Unit. The two evening sergeants assigned to those
two units would also be included.
The inclusion of these officers and sergeants would increase the number of
eligible participants by 15, 13 officers and 2 sergeants. Here is the cost
breakdown.
Current Proposed Change
Officer $18,720.00 $35,776.00 +$17,056.00
Sergeant $%360.00 $11,752.00 +$2,392.00
Lieutenant $2,704.00 $2,704.00 0.00
Total $30~784 $50,544.00 +$19,448.00
Total additional cost to the city for this item: $19,448.
DISABILITY INSURANCE
The current disability insurance, which is provided to all other city employees,
covers the employee while they are off duty. This insurance is not offered to
sworn police employees. The cost of this insurance equates to i hour's salary
per pay period. Obviously this means that the cost goes up as the employees
salary goes up.
To estimate out the cost I simply took the average hourly salary of all the
different ranks and multiplied that number by 26 which is the number of pay
periods and multiplied that number by the number of employees in the
category. Here are estimates
Officer
Sergeant
Lieutenant
Captain
Major
Chief
$21.14 X 26 X 122 = $67,056
$24.60 X 26 X 17 = $11,513
$30.19 X 26 X 9 = $7,064
$33.20 X 26 X 5 = $4,316
$40.67 X 26 X 1 -- $1,057
$47.67 X 26 X i = $1,239
Total additional cost to the city for this item:
Total additional cost to the city for all four items: $~.~
Recruitment & Retention
10 ~:
92 93 94 95 96 97 96 99 0
We:Are Not Alone'
® Boca Raton PD -
® Boynton Beach PD
17 Vacancies
6 (20) Vacancies
® Palm Bch County SO - 5 (47) Vacancies
® Fort Lauderdale PD 56 Vacancies
2
We Are Not Alone
® New York has seen a 56% drop in
applicants.
® Detroit has seen a 13% drop in
applicants.
® California Highway Patrol has seen a
39% drop in applicants.
Why?
® It is a new generation, college grads will
have 5-7 jobs with at least two distinct
career changes.
® We live in the fastest growing county in
the fastest growing state.
® Shortages will be created by the aging
baby-boomers.
Why for Police?
"Booming Economy and Scandals Turn Police Recruits Away"
(Fox News, Oct. 23, 20001
® The Hours
® The Work
® The Courts
® The Media
® The Law Suits
Our
Employees
Are Our
Asset!
4
DBPD & PBSO
Current Comparison
60000
5O000
40000
30000
20000
10000
0
1 2 3 4 5 6 7 8
· DBPD
· PBSO
Years
WhY Such a Difference?
DBPD PBSO
Starting Salaries
Annual Increases
$32,960 $33,755
4.2% 8%
Pension Contributions 3%
Medical Benefits $1,980
0
$1,320
5
Competitive
Something for Something
Career Officer Program
Current Career Officer Pro,ram - Current Dollars
Level '#'s Amount Total Cost i
MPO 1 $3,000 $3,000
CO3 9 $2,200 $19,800
CO2 13 $1,400 $18,200
CO1 15 $600 $9,000
PO1 17 0~ 0
TOT $5O,0OO
d
Career Officer Program
Cun'ent Career Officer Program - Proposed Dollars
Level #'s Amount Total Cost
iMPO 1 $3,500 $3,500
CO3 9 $2,600 $23,400
CO2 13 $1,800 $23,400
CO1 15 $1,000 $15,000
PO1 17 $500 $8,500
TOT $73,8OO
Total additional cost to the city for this item: $23,800
Educational Incentive
Degree I # I Current Total Proposed Total
Bachelor 63 $1.00 $131,040 $2.00 $262,080
Associates 29 $.50 $30,160 $1.00 $60,320
Total $161,200 $322,400
Total additional cost to the city for this item: $161,200
7
Operations Incentive Pay
Current Proposed Change
Officer $18,720 $35,776 + $17,056
Sergeant $9,360 $11,752 + $2,392
Lieutenant $2,704 $2,704 (0.00)
Total $30,784 $50,544 + $19,448
Total additional cost to the city for this item: $19~448
Disability Insurance
$1.25 per $100 of salary
$1.40 per $100 of salary
Total additional cost to the city for this item: $130~000
8
Totai(~ost = $334~4~8
Graph Comparison with Proposal
Proposal Comparison
60000
50000
40000
30000
20000
~ 0000
0
, CuFent
· Proposed
& PBSO
1 2
3 4 5
Years
6 7 8
Our
Employees
Are Our
Greatest i
Asset!
]0
, -. DRAFT
'MEMORANDUM OF UNDERSTANDING
The City of Delray Beach, Florida and the Police Benevolent Association (the
parties) agree as follows:
Effective October 1, 1999, incumbent Police Officers and Sergeants who have
completed their probationary period and are considered permanent employees
shall receive a one time salary adjustment of $.96 per hour. Probationary
employees upon completion of their probationary period during 1999/2000 fiscal
year shall receive such $.96 per hour as of the date they are permanently
appointed. This adjustment shall not be entitled to any other employee covered
by this agreement.
Effective December 2, 2000, Officers and Sergeants who posses or obtain a
Bachelor's and/or Associate's Degree levels of higher education from certified
colleges and universities shall receive educational incentive compensation as
follows:
Bachelor's Degree - $2.00 per hour
Associate's Degree (or equivalent) - $1.00 per hour
The Educational Incentive bonus shall be paid as a bonus outside the salary
range and included in overtime computation.
Effective December 2, 2000, the Career Officers Program shall be applied to the
base rate of compensation as follows:
Master Police Officer
Career Officer 3
Career Officer 2
Career Officer 1
Police Officer 1
$3,500
$2,600
$1,800
$1,000
$ 5oo
The Career Officers Program compensation shall be paid within the ranges
established for each classification, and shall include payment for overtime and
pension computation.
Effective December 2, 2000, a Patrol Incentive shall be paid to qualifying
employees. This incentive is designed to attract and compensate experienced
patrol officers and sergeants to work the evening and midnight shifts. Only
regular uniform patrol officers and sergeants assigned to these specific shifts
DRAFT
shall be eligible for such compensation. Only officers or sergeants with three (3)
years' experience will be considered for this assignment and compensation.
Officers will only be removed from these assignments for just cause articulated
by police management. Compensation for these assignments shall be paid on a
cent per hour basis for all hours worked, as follows:
4-12 shift
12-8 shift
11.5 hour night shift
$ .50 per hour
$ .75 per hour
$ .65 per hour
10.
The parties understand that the implementation of such compensation is subject
to review and potential modification. It is further understood that through a
reorganization of the Police Department, the work schedule that presently exists
may in fact be altered causing both parties to re-examine this issue and make
appropriate modifications.
That the Chief of Police as of 10/01/98, shall have the authority to hire Florida
State Certified Officers and/or those with academic degrees (Associate/Bachelor
Degree level) at a rate up to 10% above the entry rate for Police Officer.
Effective December 2, 2000, the City shall provide persons covered under the
CBA disability insurance under the same terms and conditions as provided to the
City's general employees, at no cost to the employee covered under the CBA.
This MOU is intended to substitute for and supercede the entire MOU between
the parties dated November 4, 1998 and October 7, 1999 and that the MOUs
dated November 4, 1998 and October 7, 1999 shall no longer have any force and
effect.
That this MOU shall be effective for the term of the Collective Bargaining
Agreement for the period from this date forward, through September 30, 2001,
when this MOU and the CBA are approved by the parties.
The parties represent that they have full legal authority to enter into this
agreement.
All other terms of the CBA for the period 10/01/98-9/30/2001, are binding except
where expressly modified herein or hereinafter modified by the parties.
DRAFT
Dated this
Attest:
City Clerk
Approved as to form:
City Attorney
__ day of
,2000.
City of Delray Beach, Florida
By:
David T. Harden, City Manager
Police Benevolent Association
By:
President
CiTr ' E[: DELE ¥ EEEH
CITY A,TTO ; EY'S OFFICE
BELRAY BEACH
~II.AmeHCB City
1¢~93 TO:
FROM:
SUBJECT:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-~Ongt~r,'s ~e~ne!IS.~.lf~_/.~9~-4755
MEMORANDLIM
November 17, 2000
City Commission --.-_-
Brian Shutt, Assistant City Attorney
Congress Commerce Centre Developer's Agreement
This agenda item concerns a developer's agreement between the City and the developer
of the Congress Commerce Centre. This development is proposed to be located on the
southeast corner of Congress Avenue and Lake Ida Road. The development currently
has site plan approval for an industrial park. The developer wishes to obtain approval
and construct an ice skating rink on the north half of the property that would also be used
by the City as a public shelter for natural disasters or public emergencies. I have not
attached the agreement at this time as there are several issues still outstanding. We hope
to have all the issues resolved prior to Tuesday's meeting. As soon as the issues are
resolved a copy of the proposed agreement will be provided.
The essential terms of the agreement are as follows:
The Developer shall construct improvements that consist of a lift station with the
associated infrastructure as well as a right hand turn lane on northbound Congress
Avenue going into the proposed development with the associated drainage
infrastructure.
2. The City shall contribute $165,279.90 to the Developer for these improvements.
The Developer shall construct an ice skating rink building on the development
and allow use of that building as a public shelter in the event of any natural
disaster or public emergency.
By copy of this memorandum to David .Harden City Manager, our office requests that
this item be placed on the November 21, 2000 City Commission agenda. Please call if
you have any questions.
CC:
David Harden, City Manager
Alison Harty, City Clerk
Randal Krejcarek, City Engineer
MEMORANDUM
TO: ,~M~AYOR AND CITY COMMISSIONERS
FROM: ~' CITY MANAGER
SUBJECT: AGENDA ITEM /0/~ - REGULAR MEETING OF NOVEMBER 21. 2000
ORDINANCE NO. 30-00 (AMENDMENT OF THE SILVER TERRACE
SPECIAL ACTIVITIES DISTRICT)
DATE:
NOVEMBER 17, 2000
This is second reading and a public hearing for Ordinance No. 30-00 which amends the ordinance
that established the Silver Terrace Special Activities District (SAD) by adding the principal uses within
the RO (Residential Office) District, except duplexes, as permitted uses on certain properties along
Dixie Highway. Additional background and a complete analysis of the request are contained in the
attached City ComXmssion documentation from Planning and Zoning.
The Planning and Zoning Board reviewed the proposed amendments at a public hearing on October
16, 2000, and voted 5 to 0 to recommend that amendment of the Silver Terrace SAD ordinance be
limited to the addition of the principal uses within the RO (Residential Office) zoning district, except
duplexes, for the affected property. At first reading on November 7, 2000, the City Commission
passed the ordinance on a 4 to 0 vote.
Recommend approval of Ordinance No. 30-00 on second and final reading.
Ref:Agmemo21.Ord.30-00.Silver Terrace SAD Amendment
ORDINANCE NO. 30-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 39-96
WHICH ESTABLISHED THE SPECIAL ACTIVITIES (SAD) ZONING
DISTRICT FOR CERTAIN LA_ND LOCATED IN THE SILVER
TEP,_RakCE SUBDIVISION, BY AMENDING SECTION 2 OF SAID
ORDINANCE 39-96 TO AIJ.OW ADDITIONAL USES ALONG DIXIE
HIGHWAY, AS THE SAME IS MORE PARTICULAKLY DESCRIBED
HEREIN; PROVIDING FOR THE RENUMBERING OF THE
REMAINDER OF SAID SECTION 2; PROVIDING A GENEKAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the Planning and Zoning Board considered the proposed amendment
at a public hearing on October 16, 2000, and voted S to 0 to recommend approval based on positive
findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for
Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the goals, objectives and
policies of the Comprehensive Plan; and
WHEREAS, pursuant to Florida Statute 163.3174, the Planning and 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 COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2 of Ordinance No. 39-96 be, and the same is hereby
amended to read as follows:
Section 2. That the uses allowed for the subject properties described in Section 1,
above, pursuant to Section 4.4.25 of the Land Development Regulations of the City of Delray
Beach, shall be as follows:
(1) For Lots 4-10, Block 4, and Lots 24-25, Block 6, the uses allowed are
intended to provide the opportunity to locate limited retail and service uses in a manner convenient
to and yet not disruptive of residential areas, as described below.
All uses listed as Principal, Conditional, or Accessory uses within the
NC (Neighborhood Commercial) zoning district regulations, but
excluding the sale of convenience foods and beverages;
A single family residence, either separate or within a structure
housing a nonresidential use, provided that the residence is occupied
by the owner, proprietor, or employee of a business enterprise
conducted on the property.
(2) For .Lots 4-9. Block 4. the following uses are permitted in addition to the
uses listed under Subsection (1) above:
All uses listed as Principal uses within the RO (Residential Office)
zoning district regmlatiuns, but excluding duplexes.
(~ _3) For Lots 8 and 9, Block 4, the following use is permitted in addition to the
uses listed under Subsections (1) and (2) above:
Full service automobile repair, subject to the limitations contained in
Section 3, Subsection (1).
(3 4) For Lots 7 and 10, Block 4, the following use is permitted in addition to the
uses listed under Subsection (1) above:
Expansion of the existing automobile repair facility located on Lots 8
and 9, Block 4, subject to the limitations contained in Section 3,
Subsection (1).
(4 5) For Lots 1-3, Block 4, and Lots %10, Block 5:
Principal Uses as listed in the RO (Residential Office) zoning district
regulations.
Conditional Uses as listed m the RO (Residential Office) zoning
district regulations.
Accessory uses as listed in the RO (Residential Office) zoning district
regulations.
(~ 6) For Lots 1-17, Block 2, Lots 1-15, Block 3, Lots 1-7, Block 5, and Lots 7-23,
Block 6:
(a) Permitted Uses:
(i) Multiple Family Residential Structures with three or more units
(il) Single Family Detached Dwellings
2 Ord. No. 30-00
(b)
Conditional Uses as listed in the RaM (Medium Density Residential)
zoning district regulations.
(c)
Accessory Uses as listed in the RM (Medium Density Residential)
zoning district regulations.
(6 _7) For Lot 23, Block 6, the following use is permitted in addition to the uses
listed under Subsection (:g 6) above:
(a)
Parking in conjunction with a nouresidential use on Lots 24 and 25,
Block 6; provided that no access exists from Miami Boulevard.
(g 8) All uses listed as Conditional Uses in the zoning district regulations referred
to herein must be approved pursuant to Land Development Regulations Section 2.4.5(E),
Establishment of Condiuonal Use .
Section 2. That ail ordinances or parts of ordinances 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 competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the 21st dayof November ,2000.
MAYOR
A'I'I'EST:
City Clerk
First Reading November 7, 2000
Second Reading November 21, 2000
3 Ord. No. 30-00
CI
TY COMMISSION DOCUMENTATION
TO:
DAVID T. HARDEN
CITY MANAGER
THRU:
FROM:
PAUL DORLING, ACT, lNG DIRECTOR OF
SENIOR PLANNER '-' '~ '
PLANNING AND ZONING
SUBJECT:
CITY COMMISSION MEETING OF NOVEMBER 7, 2000.
AMENDMENT OF THE SILVER TERRACE SAD (SPECIAL ACTIVITIES
DISTRICT) ORDINANCE.
BACKGROUND AND ANALYSIS
With the adoption of the Comprehensive Plan in 1989, the City designated the Silver Terrace
area as Redevelopment Area # 4 on the Future Land Use Map. The redevelopment plan was
adopted by the City Commission on March 5, 1996. In order to deal with a number of
nonconforming and unsightly commercial uses and structures within the area, the
redevelopment plan recommended the application of a flexible zoning district. The
recommendation called for the establishment of an SAD district which would accommodate
most of the existing uses as conforming while limiting future uses and development in the area
to the character identified in the plan. The Ordinance establishing the SAD was adopted by the
City Commission on September 17, 1996.
On August 23, 2000, an application was submitted from the property owner of the metal
warehouse building at 1026 S. Dixie Boulevard (Lots 4-5, Block 4) to modify the SAD
Ordinance. This property is located within the neighborhood commercial area of the SAD. The
uses allowed in this area are intended to provide the opportunity to located limited retail and
service uses in a manner convenient to and yet not disruptive of residential area.
In order to allow better utilization of the property, the applicant proposes the following
amendments to the SAD Ordinance:
· To add the principal uses within the RO (Residential Office) zone district, except duplexes
as permitted uses;
· Remove the restriction on the sale of convenience food and beverages;
· Allow contractors offices, including storage of construction materials;
· Allow the retail sale of' new or used furniture, carpet, tile, draperies, antiques and
appliances;
· Allow the storage of construction supplies, boats, motorcycles or vehicles in existing
nonresidential structures with garage facilities; and,
· Modify the requirement that nonresidential structures shall take access from S. Dixie
Highway and SE 10~h Street to exempt existing nonresidential structures.
The applicant has requested that these changes also apply to the two properties immediately to
his north (Lots 6-9, Block 4). The required "Owners Consent and Designation of Agency" forms
have been submitted for each of these properties.
City Commission Documentation
Amendment of the Silver Terrace SAD Ordinance
Page 2
Most of the uses proposed by the applicant represent an intensification of use that would have
a negative impact on the neighborhood and are not consistent with the adopted redevelopment
plan. Additionally, these uses are only permitted in commercial or industrial zoning categories
that are inconsistent with the existing TRN (Transitional) FLUM designation. However, addition
of the principal uses within the RO (Residential Office) district, except duplexes, is compatible
with the redevelopment plan and the FLUM designation. Therefore the amendment should be
limited to these uses only.
Modification of the requirement that all nonresidential structures shall only take access from S.
Dixie Highway ahd SE 10th Street to exempt existing nonresidential structures is not consistent
with the redevelopment plan. Furthermore, the change is unnecessary, since the existing
nonconformities can continue until the existing structures are redeveloped or a major change of
use occurs.
Additional background and analysis of the request are found in the attached Planning and
Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION ]1
The Planning and Zoning Board reviewed the proposed amendments at its October 16, 2000
meeting. Neighborhood Resident, June Carr spoke in favor of the staff's recommendations to
limit the amendment to the principal uses within in the RO district, except duplexes, and to deny
the change to the access requirements for nonresidential structures. Mrs. Carr expressed
concern over the impact of past users of the subject property parking within the grassed
retention area in the neighborhood. Mrs. Jean Beer cautioned amending the ordinance since
there was considerable neighborhood participation in the preparation of the redevelopment
plan.
The Board supported the staff recommendation and recommended by a vote of 5/0 (Peltzie and
Hasner absent) that amendment of the Silver Terrace SAD Ordinance be limited to the addition
of the principal uses within the RO (Residential Office) zoning district, except duplexes as
permitted uses on the subject properties.
RECOMMENDED A:CTION ]1
Adopt the attached amendments to the Silver Terrace SAD Ordinance based on the
recommendation and findings of the Planning and Zoning Board.
Attachments:
· Planning & Zoning Board Staff Report
· Ordinance
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
---STAFF REPORT---
October 16, 2000
IIl.C.
Amendment to the Silver Terrace SAD (Special Activities District)
Ordinance to Additional Uses Along Dixie Highway, Located on the East
Side of Old Dixie Highway, Approximately 40' South of S.E. 10th Street.
GENERAL DATA:
Owners ...................................... Various
Applicant .................................... Richard A. Brochu
Location ..................................... East side of Dixie Highway, approximately 40' south of S.E.
10th Street
Property Size ............................. 0.95 Acre
Future Land Use Map ................ General Commercial & Transitional
Current Zoning .......................... SAD (Special Activities District)
Adjacent Zoning ............... North: SAD
East:
South:
West:
Existing Land Use .....................
SAD
SAD
R-1-A (Single Family Residential) across Railroad
Existing commercial, auto repair facility and single family
home
Proposed Land Use ...................Amendment to the Silver Terrace SAD Ordinance to allow
additional uses along Dixie Highway.
Water Service ............................ Existing on site.
Sewer Service ........................... Existing on site.
IIl. C.
The action before the Board is that of making a recommendation to the City Commission
on proposed amendments to the Silver Terrace SAD (Special Activities District)
Ordinance.
SAD's are established and modified by an ordinance which is processed as a rezoning.
Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to the Rezoning of any property within the City.
With the adoption of the Comprehensive Plan in 1989, the City designated the Silver
Terrace area as Redevelopment Area # 4 on the Future Land Use Map. The
Comprehensive Plan required the preparation of a redevelopment plan for the area,
including the installation of required infrastructure and the establishment of FLUM
designations for all properties in the area. The redevelopment plan was adopted by the
City Commission at its meeting of March 5, 1995.
in order to deal with a number of nonconforming and unsightly commercial uses and
structures within the area, the redevelopment plan recommended the application of a
flexible zoning district. The recommendation called for the establishment of an SAD
district which would accommodate most of the existing uses as conforming while limiting
future uses and development in the area to the character identified in the plan. The
Ordinance establishing the SAD was adopted by the City Commission on September 17,
1996. The SAD creates three use areas within the subdivision: a neighborhood
commercial area, a residential office area, and a residential area. Permitted uses for
parcels within each of these areas are identified in the SAD Ordinance.
On August 23, 2000, an application was submitted from the property owner of the metal
warehouse building at 1026 S. Dixie Boulevard (Lots 4-5, Block 4) to modify the SAD
Ordinance. This property is located within the neighborhood commercial area of the SAD,
including Lots 4-10, Block 4 and Lots 24-25, Block 6. The uses allowed in this area are
intended to provide the opportunity to located limited retail and service uses in a manner
convenient to and yet not disruptive of residential area. Uses permitted in this area are as
follows:
All uses listed as Principal, Conditional, or Accessory uses within the NC
(Neighborhood Commercial) zoning distdct regulations, but excluding the sale of
convenience foods and beverages;
A single family residence, either separate or within a structure housing a
nonresidential uses, provided that the residence is occupied by the owner,
proprietor, or employee of the business enterprise conducted on the property; and,
· In additional to the above uses, full service automotive repair is permitted for Lots 8
and 9, Block 4 (This is an existing use).
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 2
Since establishment of the SAD, the applicant has made numerous attempts to lease or
sell his building. The applicant contends that the permitted uses his property are too
limiting and are making this impossible.
In order to allow better utilization of the property, the applicant proposes the following
amendments to the SAD Ordinance:
· To add the principal uses within the RO (Residential Office) zone district, except
duplexes as permitted uses;
· Remove the restriction on the sale of convenience food and beverages;
· Allow contractors offices, including storage of construction materials;
· Allow the retail sale of new or used furniture, carpet, tile, draperies, antiques and
appliances;
· Allow the storage of construction supplies, boats, motorcycles or vehicles in existing
nonresidential structures with garage facilities; and,
· Remove the requirement that nonresidential structures shall take access from S. Dixie
Highway and SE l~h Street for existing nonresidential structures.
The applicant has requested that these changes also apply to the two properties
immediately to his north (Lots 6-9, Block 4). The required "Owners Consent and
Designation of Agency'~ forms have been submitted for each of these properties.
SA D AMENDMEN T~ A N ALY S IS
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written
materials submitted by the applicant, the staff report, or minutes. Findings shall be
made by the body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
rq Future Land Use Map: The resulting use of land or structures must be allowed in
the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future
Land Use Map.
The FLUM designation for the applicant's property is TRN (Transitional). The property
immediately to the north (Lots 6-7, Block 4) contains a single family house and is
designated Transitional and GC (General Commercial). The second property to the
north (Lots 8-9, Block 4) contains an auto repair facility and is designated GC (General
Commercial). The permitted uses for these properties specified in the SAD Ordinance
are consistent with these FLUM designations.
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 3
Nonresidential zoning districts consistent with the Transitional land use designation
include the following: NC (Neighborhood Commercial); POC (Planned Office Center);
POD (Professional Office District); RO (Residential/Office); CF (Community Facilities);
OS (Open Space); and, OSR (Open Space and Recreation). The proposed
amendment seeks to add a number of uses which are not permitted within any of these
zoning districts and therefore not compatible with the FLUM designation. These include
the sale of new or used furniture, carpet, tile, draperies, antiques and appliances,
contractor's offices with storage and the storage of construction supplies, boats,
motorcycles or vehicles. A positive finding with respect to consistency with the FLUM
designation and zoning cannot be made with respect to these uses.
The applicant's request to add the principal uses allowed within the RO (Residential
Office) district (except duplexes) and the sale of convenience food and beverages are
permitted within the applicable zoning districts in the TRN (Transitional) FLUM
designation. Thus, positive findings can be made regarding consistency of the FLUM
designations and zoning with respect to these uses.
Concurrency - Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
Of the additional uses requested under the applicant's proposal, convenience stores
have the highest demand on facilities and services and therefore represent the highest
intensity possible. Under the current SAD ordinance, a fast food sit down restaurant
(no drive-thru) is the highest intensity use permitted on the subject properties. A
comparison between this use and convenience store use is provided as follows:
Streets and Traffic:
The subject properties are approximately 0.95 acres in size. At a Floor Area Ratio
(FAR) of .30, these parcels could be redeveloped with approximately 12,600 square
feet commercial uses. The highest intensity use currently permitted is a fast food
restaurant. This use would have the following trip generation according to Table 10.8-
3 "Fair Share Road Impact Fee Schedule", Palm Beach County Traffic Performance
Standards Ordinance:
T = 632.12/1000 square feet * 12,600 square feet
T = 7,965
less 45% passer by rate
T = 4,381
Under the proposal, convenience store use(s) would have the following trip generation:
T = 737.99/1000 square feet * 12,600 square feet
T = 9,299
less 60% passer by rate
T = 3,719
As shown above, the additional uses requested for the subject properties would have
less potential impact on streets and traffic than uses currently permitted.
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 4
Water and Sanitary Sewer:
Water and Sanitary Sewer service are available to the subject parcels. The Delray
Beach Water Treatment Plant and the South Central Wastewater Treatment Facility
have adequate capacity to serve the City at build out.
Solid Waste:
The Solid Waste Authority indicates that it has capacity to serve development in the
County at its current LOS of 7.2 pounds per day per capita for the life of the existing
landfill. The current SAD allows for approximately 12,600 s.f. of restaurant
development, with an estimated solid waste generation of 157 tons per year. The same
building area in neighborhood convenience uses would generate approximately 231
tons per year. The additional 74 tons of solid waste per year generated by the
proposed amendment will not significantly affect solid waste disposal LOS.
Based on the above, positive findings can be made at this time with regard to
concurrency for all services and facilities.
n Consistency - The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following was found:
Future Land Use Element Policy C-l.6 The following pertains to the redevelopment
of the Silver Terrace Area:
This area involves the old Silver Terrace Subdivision which contains some mixed use
but is primarily single family. It also involves the adjacent land use of the Floranda
Mobile Home Park which is a well maintained land use but which may, in the future, be
inappropriate for its location along Federal Highway adjacent to a regional shopping
center. The Silver Terrace Redevelopment Plan was adopted by the City Commission
on March 5, 1996. The plan establishes Future Land Use Map designations, zonings,
and special development standards for the redevelopment area. Future development
in the area must be in accordance with the provisions of the Redevelopment Plan.
Prior to adoption of the redevelopment plan, nearly all of the Silver Terrace subdivision,
including the subject properties were zoned RM. Nonconforming commercial and
industrial uses were located throughout the subdivision, particularly on S. Dixie
Highway and SE 10th Street. The redevelopment plan recommended the
establishment of an SAD district which would accommodate most of the existing uses
as conforming while limiting future uses and development in the area to the character
identified in the plan. The recommendation was to create three use areas within the
SAD: a neighborhood commercial area, a residential office area, and a residential
area. Nonresidential uses would be limited to S. Dixie Highway and SE 10th Street
where they already exist. The intent of the plan is that new development in the interior
of the subdivision be primarily single family detached housing. The compatibility of
commercial developments with residential properties was identified in the
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 5
redevelopment plan as a "critical concem". The applicant's request to permit higher
intensity General Commercial and Industrial land uses on the subject properties is in
direct opposition to the intent of the plan to limit new commercial development to those
uses allowed in the NC (Neighborhood Commercial) and RO (Residential Office)
zoning districts so as not to be disruptive to residential development. Therefore, with
regard to the proposed addition of the sale of new or used furniture, carpet, tile,
draperies, antiques and appliances, contractor's offices with storage and the storage of
construction' supplies, boats, motorcycles or vehicles, a positive finding with respect to
consistency with the Comprehensive Plan cannot be made.
The sale of convenience food and beverages, which is permitted in the NC
(Neighborhood Commercial), but excluded in the SAD Ordinance, and the principal
uses permitted within the RO (Residential Office) are consistent with the
redevelopment plan. Therefore, with regard to these uses, a positive finding with
respect to consistency with the Comprehensive Plan can be made. It should be noted,
however, that convenience stores represent an intensification of use and should
continue to be prohibited. A discussion of this issue is included in the "Compatibility"
section, below.
The applicant also requests that the requirement for nonresidential structures to take
access from Dixie Highway and SE 10th Street be removed for existing nonresidential
structures. This issue is addressed in the following quote from the redevelopment
plan:
"The stabilization of the neighborhood is partially dependent on the separation of
residential and non residential traffic. Currently, some of the streets in the subdivision
carry a mix of residential and non-residential trips and also serve as unapproved
parking areas for the non-residential uses. The revised street alignment will alleviate
some of those problems. However, to further separate residential and non-rasidential
traffic, no new accesses to the residential streets will be permitted from commercial
uses. Wherever possible, existinq accesses should be eliminated."
It is clear from the above paragraph that the mixing of residential and nonresidential
traffic is a major problem and that stabilization of the neighborhood is partially
dependant on the separation of this traffic. The Plan's recommendation to prohibit
nonresidential access to residential streets was incorporated into the SAD Ordinance
as follows:
"Nonresidential structures shall take access from Dixie Highway or SE 10th Street.
Where it is impossible or inappropriate to provide access from those streets, the Site
Plan Review and Appearance Board may approve an alternative access."
Given the importance of the issue, this requirement is both necessary and appropriate
in order to stabilize and improve the neighborhood. Although existing structures with
access to residential streets within the subdivision can continue to operate in this
nonconforming manner, any redevelopment or change of use requiring site plan
approval must comply with the new regulation. The ordinance does allow for cases
where this may be impossible or inappropriate by permitting the Site Plan Review and
Appearance Board to approve an alternative access.
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 6
Based on the above, the request that the requirement for nonresidential structures to
take access from Dixie Highway and SE 10th Street be removed for existing
nonresidential structures is not consistent with the redevelopment plan. Furthermore,
the change is unnecessary, since the nonconformity can continue until existing
structures are redeveloped or a major change of use occurs. Therefore, a positive
finding with respect to consistency with the Comprehensive Plan cannot be made with
regard to this amendment to the SAD.
[] Compatibility - The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The subject properties are located on the east side of S. Dixie Highway, south of SE
10th Street. As stated'earlier, existing land uses consist of a metal commercial building,
a single family house and an auto repair facility. The properties are bordered by the
FEC Railway, located immediately across S. Dixie Highway to the west, a city
park/drainage area and vacant industrial building to the east, two single family homes
to the south and a vacant commercial building to the north on the corner of SE 10th
Street and S. Dixie Highway.
As previously stated, amendment of the SAD to permit higher intensity commercial and
industrial uses on the subject properties is not consistent with the adopted
redevelopment plan which stresses the importance of compatibility with residential
development. Silver Terrace is still in a fragile state. Although, there has been some
new development in the area, progress has been slow. While roadway and utility
improvements has helped to improve the quality of life for neighborhood residents, the
negative impacts of existing nonconforming uses continue to have a blighting effect.
For this area to have a real chance of improvement, the recommendations of the
redevelopment plan should be strictly enforced,
While the sale of convenience foods and beverage is not specifically prohibited in the
redevelopment plan, this use could have a very negative effect on the redevelopment
effort. Problems associated with loitering, late night or early morning deliveries, and
parking lot noise at late hours, are often disruptive to residential development.
Furthermore, since convenience stores are often operated 24 hours, this use
represents an potential intensification of the commercial development currently
permitted along S. Dixie Highway.
Based on the above, a positive finding with respect to compatibility cannot be made
with regard to the proposed addition of the sale of new or used furniture, carpet, tile,
draperies, antiques and appliances, contractor's offices with storage, the storage of
construction supplies, boats, motorcycles or vehicles, and convenience stores.
The principal uses permitted within the RO (Residential Office), are permitted on the
parcel located immediately south of the subject properties. As stated earlier these
uses are compatible with residential development. Therefore, with regard to these
uses, a positive finding with respect to compatibility with existing and future land uses
can be made.
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 7
[] Compliance -- Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
The subject properties are all developed. No formal land development application has
been received for the subject properties. Since all future redevelopment must comply
with the provisions and requirements of the Land Development Regulations, a positive
finding can be made with respect to future compliance with the Land Development
Regulations.
Section 3.2.1 (Basis for Determining Consistency): The performance standards set
forth in this Article either reflect a policy from the Comprehensive Plan or a principle
of good planning practice. The performance standards set forth in the following
sections as well as compliance with items specifically listed as required findings in
appropriate portions of Section 2.4.5 shall be the basis upon which a finding of
overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this
Article shall not be a basis for not allowing consideration of other objectives and
policies found in the adopted Comprehensive Plan in the making of a finding of
overall consistency.
Section 3.2.2 {Standards for Rezonin.q Actions): Standards A, B, C and E are not
applicable with respect to the proposed SAD amendments. The applicable
performance standard of Section 3.3.2 is as follows:
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed;
or that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
Compatibility with existing and future land uses was discussed earlier in this report.
Amendment of the SAD ordinance to include the principal uses within the RO district as
permitted uses on the subject properties is compatible with adjacent and nearly existing
and future land uses. The other uses proposed by the applicant, which include the sale of
new or used furniture, carpet, tile, draperies, antiques and appliances; contractor's offices
with storage; the storage of construction supplies, boats, motorcycles or vehicles; and,
convenience stores are not compatible. Furthermore, sufficient regulations do not exist to
mitigate the impacts of these uses.
Section 2.4.5(D)(5) (Rezonina Findin_cls}:
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1,
the City Commission must make a finding that the rezoning fulfills one of the
reasons for which the rezoning change is being sought. These reasons include the
following:
That the zoning had previously been changed, or was originally established,
in error;
That there has been a change in circumstances which make the current
zoning inappropriate;
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 8
That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
A positive finding that the SAD amendments to allow the sale of new or used furniture,
carpet, tile, draperies, antiques and appliances; contractor's offices with storage; the
storage of construction supplies, boats, motorcycles or vehicles; and convenience stores
on the subject properties, fulfills one of the above reasons cannot be made.
The appropriate reason for the SAD amendment to allow the principal uses within the RO
(Residential Office) district (except duplexes) as permitted uses on the subject properties
is "c", based on the following:
The SAD ordinance currently permits the uses within the NC (Neighborhood Commercial)
district on the subject properties. Both the NC (Neighborhood Commercial) District and the
RO (Residential Office) District are of similar intensity a~m~deP~si~ and are consistent with
the FLUM designation of TRN (Transitional). The proposed uses are permitted on the
property immediately to the south. The primary effect of this amendment would be to
remove the requirement that business and professional offices provide direct service to
customers. Since compatibility with residential properties was identified in the
redevelopment plan as a "critical concern", office uses without direct service to customers
would be less impacting on the neighborhood and therefore more appropriate.
The development proposal is not within a geographical area requiring review by the DDA
(Downtown Development Authority) or CRA (Community Redevelopment Agency).
Courtesy Notices:
A special courtesy notices was provided to the Presidents Council.
.Public Notice:
Formal public notice has been provided to the owners of all properties subject to SAD
amendment as well as to property owners within a 500' radius of the subject property.
Letters of support and objection, if any, will be presented at the Planning and Zoning
Board meeting.
ASSESSMEN~ ~AND CONCLUSION
Positive findings cannot be made with respect to LDR Section 3.1.1 (Required Findings),
LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning
Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan for the
following proposed amendments to the Silver Terrace SAD Ordinance:
· Remove the restriction on the sale of convenience food and beverages on the subject
properties;
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 9
· Allow contractors offices, including storage of construction materials on the subject
properties;
· Allow the retail sale of new or used fumiture, carpet, tile, draperies, antiques and
appliances on the subject properties;
· Allow the storage of construction supplies, boats, motorcycles or vehicles in existing
nonresidential structures with garage facilities on the subject properties; and,
· To remove the requirement that nonresidential structures shall take access from S.
Dixie Highway and SE 10~h Street for existing nonresidential structures.
Therefore these amendments cannot be recommended for approval based on the findings
outlined in this report.
Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR
Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning
Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan for the
following proposed amendment to the Silver Terrace SAD Ordinance:
· To add the principal uses within the RO (Residential Office) zone district, except
duplexes as permitted uses on the subject properties.
Therefore this amendment can be recommended for approval based on the findings
outlined in this report.
Continue with direction.
Recommend to the City Commission approval of one or more of the following
proposed Silver Terrace SAD Ordinance amendments, based on positive findings
with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2
(Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings),
and the Goals, Objectives and Policies of the Comprehensive Plan:
· Remove the restriction on the sale of convenience food and beverages on the
subject properties;
Allow contractors offices, including storage of construction materials on the
subject properties;
· Allow the retail sale of new or used furniture, carpet, tile, draperies, antiques
and appliances on the subject properties;
· Allow the storage of construction supplies, boats, motorcycles or vehicles in
existing nonresidential structures with garage facilities on the subject properties;
· To add the principal uses within the RO (Residential Office) zone district, except
duplexes as permitted uses on the subject properties; and,
· To remove the requirement that nonresidential structures shall take access from
S. Dixie Highway and SE 10~h Street for existing nonresidential structures.
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 10
Recommend denial of all of the proposed Silver Terrace SAD Ordinance
amendments based on a failure to make positive findings and that the amendments
fail to fulfill one of the basis for which such an amendment should be granted.
Recommend to the City Commission approval of the following Silver Terrace SAD
Ordinance amendment:
To add the prfncipal uses within the RO (Residential Office) zone district, except
duplexes as permitted uses on the subject properties.
based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR
Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning
Findings), and the Goals, Objectives and Policies of the Comprehensive Plan.
Report prepared by: Ron Ho.qqard, Senior PLanner
s:\planninq & zoninq~boards~p&z board~silver terrace sad amendment, doc
TO:
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION
DAVID T. HARDEN, CITY MANAGER ~
JEFFREY A. COSTELLO, PR NC P^L PLANNER
MEETING OF NOVEMBER 21, 2000
CITY-INITIATED ANNEXATION WITH INITIAL CITY ZONING OF PC (PLANNED
COMMERCIAL) FOR PALM COURT SHOPPING CENTER~ LOCATED AT THE
SOUTHWEST CORNER OF LINTON BOULEVARD AND MILITARY TRAIL.
BACKGROUND/ANALYSIS
The property under consideration is an unplatted 14.19 acre parcel which contains the Palm Court
Shopping Center. On February 3, 1981, an Agreement for Water and Sewer Service was executed for
the subject property as well as for the adjacent medical office and hospital developments. The shopping
center was constructed in 1985, and City water and sewer facilities extended to the development. On
March 18, 1999, the Agreement for Water and Sewer Service was amended and included paragraphs,
which gave consent for future annexation and assessment of a storm water assessment fee. The
Agreement was processed in conjunction with a proposal to expand the medical center (Delray Medical
Center). The agreement states that the overall development will be annexed in phases with the subject
property to be annexed by March 31, 2001, Delray Medical Center during the year 2005, Fair Oaks
property by 2008,and Lago Vista property by 2011. The City is processing the FLUM amendment from
County C/5 (Commercial - 5 units per acre) to City GC (General Commercial), and the Annexation with
initial zoning of PC (Planned Commercial) pursuant to the referenced agreement.
At its meeting of September 7, 2000, the City Commission approved transmittal to the Florida
Department of Community Affairs (DCA) the associated FLUM amendment for the property in
conjunction with Comprehensive Plan Amendment 2000-2. There were no comments made by DCA
with regard to the associated FLUM amendment, and it is scheduled for second reading at the
December 5th City Commission meeting. If approved on first reading, the second reading of the
rezoning ordinance will occur at the same meeting as the adoption of the Comprehensive Plan
amendment. A full analysis of the Annexation, FLUM amendment and rezoning is provided in the
attached Planning and Zoning Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board held a public hearing on this item on August 21, 2000 in conjunction
Comprehensive Plan Amendment 2000-2. There was no public testimony in support of nor in
opposition to the request. The Board voted 6-0 to recommend approval of the proposed Annexation,
FLUM amendment, and initial zoning of PC.
RECOMMENDED ACTION
Approve on first reading the Annexation with initial zoning of PC (Planned Commercial) for the Palm
Court Shopping Center, based upon positive findings with respect to Section 3.1.1 (Required Findings),
Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings) of the
Land Development Regulations, and set a public hearing date of December 5, 2000.///~/'2'
Attachments: Planning and Zoning Board staff report of August 21, 2000 & Ordinance by Others
ORDINANCE NO. 31-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PARCEL OF LAND LOCATED AT THE SOUTHWEST
CORNER OF LINTON BOULEVARD AND MILITARY TRAIL
(COMMONLY KNOWN AS PALM COURT PLAZA), AS THE SAME IS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING
THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING FOR THE ZONING THEREOF TO PC
(PLANNED COMMERCIAL) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, NME Hospitals, Inc. is the fee simple owner of a 14.19 acre parcel of
land located at the southwest comer of Linton Boulevard and Milita~7 Trail (commonly known as
Palm Court Plaza); and
WHEREAS, pursuant to the Agreement for Water and Sewer Se~ice and Consent
to Annexation and Stormwater Management Assessment executed on March 18, 1999, the City of
Dekay Beach intends to annex the subject property into the municipal limits of the City of Dekay
Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the
corporate limits of the City of Delray Beach, Florida; and
WHEREAS, the City of Deb'ay Beach has heretofore been authorized to annex lands
in accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and
the provisions of Land Development Regulations Chapter Two have been followed in establishing
the proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held
a public hearing and considered the subject matter at its meeting of August 21, 2000, and voted 6 to
0 to recommend that the annexation be approved with an initial zoning of PC (Planned
Commercial) District, based upon positive findings.
NOW, THEREFORe, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Dekay Beach, Palm Beach
County, Florida, hereby annexes to said City the following described land located in Palm Beach
County, Florida, which lies contiguous to said City to-wit:
A parcel of land situate in Section 26, Township 46 South, Range 42 East, Palm Beach County,
Florida, being more particularly described as follows:
Commencing at the Northeast comer of said Section 26, thence North 89 degrees 56'07" West
along the North line of said Section, a distance of 65.01 feet to the westerly right-of-way line of
Military Trail and the point of beginning.
From the point of beginning, thence along said westerly right-of-way line South 01 degrees 02'12"
West a distance of 19.00 feet to the beginning of a curve, having a radius of 5679.65 feet, from
which a radial line bears South 88 degrees 57'58" West; thence southerly along the arc of said curve,
subtending a central angle of 01 degrees 40'30", a distance of 166.04 feet to the end of said curve;
thence South 00 degrees 38'18" West, a distance of 199.11 feet to the beginning of a curve, having a
radius of 5779.65 feet, from which a radial line bears South 82 degrees 21'42" East; thence southerly
along the arc of said curve, subtending a central angle of 01 degrees 36'00" a distance of 161.40 feet
to the end of said curve; thence South 00 degrees 57'42" East a distance of 49.48 feet; thence,
departing from said right-of-way line South 44 degrees 30'17" west a distance of 35.84 feet; thence
South 89 degrees 58'17" West a distance of 849.35 feet; thence North 00 degrees 03'53" East a
distance of 579.31 feet; thence South 89 degrees 56'07" East a distance of 20.00 feet; thence North
00 degrees 03'53" East a distance of 42.50 feet to the aforesaid north line of said Section; thence
South 88 degrees 56'07" East along said Section line, a distance of 853.64 feet to the Point of
Beginning.
Together with the following described parcel:
A parcel of land situate in Section 26, Township 46 South, Range 42 East, Palm Beach County,
Florida, being more particularly described as follows:
Commencing at the Northeast comer of said Section 26, thence North 89 degrees 56'07" West
along the north line of said Section, a distance of 65.01 feet to the westerly right-of-way of Military
Trail; thence along said westerly right-of-way, South 01 degrees 02'12" West a distance of 19.00 feet
to the beginning of a curve, having a radius of 5679.65 feet, from which a radial line bears South 88
degrees 57'58" West; thence southerly along the arc of said curve, subtending a central angle of 01
degrees 40'30", a distance of 166.04 feet to the end of said curve; thence South 00 degrees 38'18"
West a distance of 199.11 feet to the beginning of a cttrve, having a radius of 5779.65 feet from
which a radial line bears South 89 degrees 21'42" East; thence southerly along the arc of said curve,
subtending a central angle of 01 degrees 36'00" a distance of 161.40 feet to the end of said curve;
thence South 00 degrees 57'42" East, a distance of 49.46 feet to the point of beginning.
2 Ord. No. 31-00
From the point 0f beginning and departing from said right-of-way line South 44 degrees 30'17"
West a distance of 35.64 feet; thence South 89 degrees 58'17" West a distance of 892.09 feet; thence
North 89 degrees 56'07" West a distance of 524.75 feet; thence North 44 degrees 56'07" West a
distance of 35.36 feet; thence South 00 degrees 03'53" West a distance of 77.00 feet; thence South
89 degrees 56'07" East a distance of 549.80 feet; thence North 89 degrees 58'17" East a distance of
918.39 feet to the aforesaid westerly right-of-way line of Military Trail; thence North 00 degrees
57'42" West along said right-of-way line, a distance of 77.42 feet to the Point of Beginning.
The subject property is located at the southwest comer of Linton Boulevard and Military Trail;
containing 14.19 acres, more or less.
Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby
redefined to include therein the above-described tract of land and said land is hereby declared to be
within the corporate limits of the City of Delray Beach, Florida.
Section 3. That the land hereinabove described shall immediately become subject to
all of the francb_ises, privileges, Zmmunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as requ/zed by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 4. That this annexation of the subject property, including adjacent roads,
alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance
responsibility for such roads, alleys, or the like, unless otherwise specifically imdated by the City
pursuant to current requirements and conditions.
Section 5. That Chapter Two of the Land Development Regulations has been
followed in the establishment of a zoning classification in this ordinance and the tract of land
hereinabove described is hereby declared to be in Zoning District PC (Planned Commercial) as
defined by existing ordinances of the City of Delray Beach.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 7. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
3 Ord. No. 31-00
Section 8. That th_is ordinance shall become effective immediately upon passage on
second and final ~eadmg.
tbe
PASSED AND ADOPTED in regular session on second and final reading on this
day of ,2000.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading.
4 Ord. No. 31-00
EMMANUEL , MONASTERY
LAS VERDE$ DRW$ CATHOLIC ~, OF
CHURCH ; ST. CLARE
~- DUNCAN OSR
CENTER
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Y
TOWNiC~TER S
LIN TON BOULEVARD
~ =~':~"'~,"~ :: ~ ~---POC
CEN~R CONDO$ ~ ~PLAZA
~/ PC ~,
SOUTH COUNTY
MENTAL HEALTH
POC
~ CENTRE CONDO
TRY ~1 I
C 0 U ~ ,-- , ~: _~L
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~ PALM COURT PL~
~;T~ O~ D~LRAY B~A:H, ~: ANNE~TION WITH INITIAL ZONING OF PC (P~NNED OOMMEROIAL)
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
August 21,2000
IV.E.1
City Initiated Future Land Use Map Amendment from County C/5
(Commercial with a Residential Density of 5 Units per Acre) to City
GC (General Commercial) and Associated Annexation with Initial
Zoning Designation of PC (Planned Commercial) for Palm Court
Plaza, Located at the Southwest Corner of Linton Boulevard and
South Military Trail.
LIN TON . B 0 UL ~ YA R D
GENERAL DATA:
Owner ......................................... NME Hospita!s, Inc.
% Paramount Real Estate SVC
Applicant ..................................... David T. Harden, City Manager
City of Deiray Beach
Location ...................................... Located at the southwest corner of Linton Boulevard and
South Mititary Trail
Property Size .............................. 14.19 Acres
Existing County F.L.U.M
Designation ................................ County C/5 (Commercial with Residential Density of 5 Units per Acre)
Proposed City F.L.U.M.
Designation ................................. GC (General Commercial)
Existing County Zoning ............... County CG (General Commercial District)
Proposed City Zoning ................. PC (Planned Commercial)
Adiacem Zoning ................NoAh: County RM (Multi-Family Residential)
Eas:: City PC (Planned Commercial)
South: City PC (Planned Commercial)
\q/est: County CHO (Commercial High Office)
Existing Land Use ...................... Shopping Pi~,z~
Proposed Land Use .................... Shopping Piaza
Water Se.vice ............................. Existin~c on site
Sewer Se'vice ............................. Existing on site
AG=_.NDA [TEIVh IV.E.1
ITEM BEFORE THE BOARD
The action before the Board is that of making a recommendation on a City-initiated
Annexation, Future Land Use Map Amendment from County C/5 (Commercial - 5 units per
acre) to City GC (General Commercial) with initial zoning of PC (Planned Commercial) for
Palm Court Plaza. The affected property is located at the southwest corner of Military Trail
and Linton Boulevard, and contains approximately 14.19 acres.
LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this
petition. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning
Board) shall review and make a recommendation to the City Commission with respect to all
amendments to the City's Future Land Use Map.
BACKGROUND
The property under consideration is an unplatted 14.19 acre parcel which contains an 87,327
sq.ft, shopping center, known as Palm Court Plaza, with a 4,860 sq.ft, outbuilding. On
February 3, 1981, an Agreement for Water and Sewer Service was executed for the subject
property as well as for the adjacent medical office and hospital developments. The shopping
center was constructed in 1985, and City water and sewer facilities extended to the
development. On March 18, 1999, the Agreement for Water and Sewer Service was amended
and included paragraphs, which gave consent for future annexation and assessment of a
storm water assessment fee. The Agreement was processed in conjunction with a proposal to
expand the medical center (Delray Medical Center). The agreement states that the overall
development will be annexed in phases with the subject property to be annexed by March 31,
2001, Delray Medical Center during the year 2005, Fair Oaks property by 2008,and Lago Vista
property by 2011.
The City is processing the FLUM amendment from County C/5 (Commercial - 5 units per acre)
to City GC (General Commercial), and the Annexation with initial zoning of PC (Planned
Commercial) pursuant to the referenced agreement.
F;UTURE:~AND;: USE MAP AMEN;OMEN YSIS t
This Future Land Use Map Amendment is being processed pursuant to the twice a year
statutory limits for consideration of plan amendments (F.S. 163.3187).
REQUIRED FINDINGS:
LDR (CHAPTER 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, written materials
submitted by the applicant, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development application. These
findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency, and Compliance with the Land Development Regulations.
· P&Z Staff Report
Palm Court Plaza - Future Land Use Map Amendment & Annexation with Initial Zoning of PC
Page 2
Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future Land Use Map.
Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land
uses and resulting structures must be allowed in the zoning district within which the land is
situated and, said zoning must be consistent with the land use designation as shown on the
Future Land Use Map.
The accompanying annexation and initial zoning application is seeking a PC (Planned
Commercial) zoning district. The proposed GC Future Land Use Map designation is consistent
with the proposed PC zoning designation. The existing shopping center is allowed as a
permitted use within the PC zoning district. However, the PC zone district requires a minimum
floor area of 6,000 sq.ft, per building. Based upon the site plan approved through the County,
a 4,860 sq.ft outbuilding has been constructed and a future 2,500 sq.ft, outbuilding is
proposed. The existing structure is considered nonconforming and can continue. As the
project is considered vested, the 2,500 sq.ft, building could be constructed at the approved
location. However, should a site plan modification be requested, the building square footage
cannot be decreased·
The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations are discussed
below.
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must
be based upon the following findings:
r~ Demonstrated Need - That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy, or
similar circumstances. The need must be supported by data and analysis verifying
the changing demographics or other circumstances. This requirement shall not
apply to requests for the FLUM designations of Conservation or Recreation and
Open Space; nor shall it apply to FLUM changes associated with annexations when
the City's advisory FLUM designation is being applied or when the requested
designation is of a similar intensity to the advisory designation. However, the
findings described in the remainder of this policy must be addressed with all FLUM
amendments.
The above requirement does not apply as the FLUM amendment is associated with an
annexation, and the advisory GC (General Commercial) FLUM designation is being applied.
The proposed City GC FLUM designation is consistent with the County C/5 designation.
Consistency -- The requested designation is consistent with the goals, objectives,
and policies of the most recently adopted Comprehensive Plan.
P&Z Staff Report
Palm Court Plaza - Future Land Use Map Amendment & Annexation with Initial Zoning of PC
Page 3
The request is to apply the advisory GC FLUM designation, which was applied to this property
with adoption of the Comprehensive Plan and Future Land Use Map in 1989. Thus, the
designation is consistent with the goals, objectives, and policies of the Comprehensive Plan.
Concurrency -- Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
In the preparation of the Delray Beach Comprehensive Plan, the land use designations
throughout the entire planning and service area were considered in the overall land use
pattern, assessment of level of service, the provision of services, and meeting remaining land
use needs. The proposed GC designation is of the same intensity as the existing County C/5
designation. It is noted, however, that the GC designation allows up to 12 residential units per
acre and the current County designation allows up to 5 residential units per acre. As this is
fully developed property, development with residential uses is not a concern. Further,
redevelopment with residential uses even at the higher 12 units to the acre would represent
significantly less impact than the existing development. Thus, the act of officially adopting the
City's Generat Commercial land use designation has no negative impact with respect to level
of service standards.
[] Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
North: North of the subject property, across Linton Boulevard, has a County FLUM designation
of High Residential - 12 du/ac and is zoned RM - Multi-Family Residential (Medium Density).
The existing land use is a condominium development known as Las Verdes.
South: The abutting property to the south has a City Future Land Use Map designation of GC
and is zoned PC. The existing use of the property is the Walmart Shopping Plaza and Delray
Eye Associates offices.
East: The property to the east, across Military Trail, has a City Future Land Use Map
designation of GC and is zoned PC. The existing use of the property is Boca Rey Plaza.
West: West of the subject property has a County Inst/18 (institutional with High Residential 18
du/ac), and an advisory City designation of CF-H (Community Facilities-Hospital). The
properties are zoned CHO (Commercial High Office) and contain the Delray Medical Center
and Delray Medical Center Condos.
The existing shopping center has co-existed with the surrounding developments for many
years. The application of advisory GC FLUM designation to the existing commercial property
is compatible with existing and future land uses of the surrounding area. Site specific
compatibility of future development with the adjacent developments will be addressed at the
time of site and development plan review.
[] Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
· P'&Z Staff Report
Palm Court Plaza - Future Land Use Map Amendment & Annexation with initial Zoning of PC
Page 4
There is no development proposal associated with the Annexation and FLUM amendment
requests· Compliance with the Land Development Regulations will be addressed with future
development proposals. There are no problems anticipated with the ability to comply with the
Land Development Regulations·
I A..EXAT,O. A.AL S,S I
Land Development Regulations Governin,q Annexations:
Pursuant to the LDR Section 2.4.5 (C)(1) which states that "The City may initiate an
annexation of private property if said right has been delegated via provisions of a water service
agreement or other agreement to that end". The City initiated annexation is pursuant to the
Agreement for Water and Sewer service executed on March 18, 1999.
CONSISTENCY WITH THE cl'rY's COMPREHENSIVE PLAN:
Designated Annexation Area: Pursuant to Future Land Use Element Policy B-3.5, the
property to be annexed is located within "Annexation Area B", southwest corner of Linton
Boulevard and Military Trail.
Provision of Services: When annexation of property occurs, services are to be provided in a
manner which is consistent with services provided to other similar properties already in the City
(Future Land Use Element Policy B-3.1). The following is a discussion of required services
and the manner in which they will be and are provided (i.e. water and sewer).
Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located
at 345 South Congress Avenue, which serves the South County area. The property lies within
Sheriff patrol zone 9. Zone 9 is bordered by Jog Road on the west, the Atlantic Ocean on the
east, Atlantic Avenue on the north, and Ciint Moore Road to the south. One officer is assigned
to a particular zone during a shift (three shifts per day). Additional response can be mustered
from "Cover Cars" which roam throughout zones randomly, depending on their availability in
South County during that time.
The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile
area; and, as a consequence, significantly improved response time should be realized.
Annexation will not require additional manpower, as the police currently pass the property
while patrolling areas of the City to the north, south, and east of the property.
Fire and Emergency Services: The annexation of this property will not require additional
manpower. The adjacent municipal area is served by Fire Station No. 5 (Linton Boulevard &
Germantown Road).
With annexation, the property will receive an improvement in response time from the current
3.5 minutes of the County Fire Department (Pheasant Walk Station) to approximately 1.5
minute for the City's Fire Department (Fire Station No. 5).
· P&Z Staff Report
Palm Court Plaza - Future Land Use Map Amendment & Annexation with Initial Zoning of PC
Page 5
Water and Sewer: The existing development is connected to the City's municipal water and
sewer system, via 8" and 10" water mains, and 8" sewer mains. As part of the Agreement for
Water and Sewer Service, these mains were extended to the site.
Streets: This property has direct access to Military Trail and Linton Boulevard. Both Military
Trail and Linton Boulevard are under Palm Beach County jurisdiction. The jurisdictional
responsibility and the associated maintenance responsibility will not change upon annexation.
As the property is developed as a shopping center, there will be no change with respect to
traffic. With any proposals for building additions, traffic will be evaluated. It is noted that
Linton Boulevard from Military Trail to Congress Avenue is scheduled for widening from 4-6
lanes in 2001. Military Trail is currently 6 lanes.
Parks and Open Space: The commercial development does not have an impact with respect
to this level of service standard. It is noted however, the City currently provides approximately
8 acres per 1,000 residents of recreation space, which far exceeds the desired standard of 3
acres per 1,000 residents established in the Comprehensive Ptan.
Solid Waste: As there is no change in actual land use, there is no impact on solid waste
disposal. The service provider will remain the same, as described later in this reporL
Financial Impacts:
Effect Upon Annexed Property:
For the 1999 tax year Palm Court Plaza had an assessed value of $9,000,000.00. With the
change from County to City jurisdiction, the following taxes and rates will be affected:
Taxes Millaqe
With Annexation
Fire/Rescue MSTU 2.9129
· Library .5246
City of Delray Beach 6.9100
City of Delray Beach Debt .7400
4.2125
Difference*
Deleted (County)
Deleted (County)
Added (City)
Added (City)
· Total tax mileage in the County is 19.6117 mills while in the City the total millage rate is
23.8242 mills.
The current yearly ad valorem taxes are $176,505.30. With annexation the yearly ad valorem
taxes will be $214,417.8; a tax difference of $37,912.50. In addition to proper~y taxes, the
following Non Ad Valorem fiscal impositions apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. For non-residential units the assessment
fee is calculated using the following formula (# sq.ft, of impervious area/2,502) X $54. A 25%
discount from the assessment is available if drainage is retained on site. Also a 25% discount
from the assessment is available because the subject property is located with the Lake Worth
· P~&Z Staff Report
Palm Court Plaza - Future Land Use Map Amendment & Annexation with Initial Zoning of PC
Page 6
Drainage District. As the property contains a nonresidential use, this assessment would be
imposed in the amount of approximately $6,682.50. A further increase based upon new
impervious surfaces will be realized with future development/redevelopment of the site.
Solid Waste Authority - The South Military Trail annexation area is serviced by BFI, and the
City's contract is currently through BFI (Browning-Ferris Industries). Therefore, the waste
service provider will remain with BFI upon annexation.
Occupational License Fees - The shopping center has 45 active occupational licenses. The
current County license fee for the each tenant in the shopping center is $31.50 per year. The
City license fee per tenant is $130.
Water/Sewer Rates - The Palm Court Plaza is currently served by municipal water and sewer.
Properties not located within the City that receive City water and sewer service are assessed
an Out-of-City surcharge. Under that scenario, annexation of properties receiving municipal
water would see a 25% reduction in water and sewer rates. Water meters are assigned to
each bay. Thus, the tenants will experience a decrease in water and sewer rates. In
conjunction with the amendment to the agreement in 1999, an "Agreement and General
Release" was included whereas the City agreed to make certain reimbursements for use of
cer[ain water lines, mains and lift stations installed by the developers. The City would pay a
total of $224,735.00 to cover the reimbursements set forth in the watedsewer agreement
entered into by the parties in February 1981. The payment shall be divided into five equal
payments of $44,947.00 over the next 5 year period commencing March 1,2001.
Resulting Impacts to Property Owner:
SUMMARY OF iMPACTS ON THE PALM COURT PLAZA
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 98/99 County of 19.6117
to City 98/99 rate 23.8242 mills
(4.2125).
$ 37,912.50
NON AD VALOREM
Stormwater Assessment $ 6,682.50
OCCUPATIONAL LICENSE FEES $5,850.00
ANNUAL FINANCIAL IMPACT: $50,445.00
· Water and Sewer fees will decrease with annexation, and is based upon consumption.
· P&Z Staff Report
Palm Court Plaza - Future Land Use Map Amendment & Annexation with Initial Zoning of PC
Page 7
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from (estimated time) 3.5
minutes (Count~) to 1.5 minute/City)
EMS + Faster response time from (estimated time) 3.5
minutes (Count,/) to 1.5 minute (City)
POLICE + Better response based upon more officers
CODE ENFORCEMENT + Pro-active vs reactive opportunity to work with
property owners
Fiscal Impacts to the City: At the 1998/99 City operating millage rate of 6.91 mills and debt
rate of 0.74 mills, the property will generate approximately $68,850.00 in new ad valorem taxes
per year. Additional revenues will be realized through increased assessment value, the annual
collection of the stormwater assessment fee, occupational license fees, as well as utility taxes
(9.5% electric, 7% telephone, 8.7% gas) and franchise fees on electric, telephone, gas, and
cable.
REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(C)(4), the City Commission must
make findings that the annexation is consistent with Objective B-3 of the Future Land
Use Element, and complies with F.S. 171.
As stated above, the subject property is located within a designated annexation area, Area B.
Its annexation is consistent with the Objective B-3 of the Future Land Use Element. Also, the
annexation complies with Florida States Section 171 as it pertains to annexations.
ZONING ANALYSIS
REQUIRED FINDINGS (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, written materials
submitted by the applicant, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development application. These
findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency, and Compliance with the Land Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment and Annexation Analysis"
sections of this report. Compliance with the Land Development Regulations with respect to
Standards for Rezoning Actions and Rezoning Findings are discussed below.
Section 3.2.1 (Basis for Determinin.q Consistency): The performance standards set
forth in this Article either reflect a policy from the Comprehensive Plan or a principle of
good planning practice. The performance standards set forth in the following sections
-~&Z Staff Report
Patm Court Ptaza - Future Land Use Map Amendment & Annexation with Initial Zoning of PC
Page 8
as well as compliance with items specifically listed as required findings in appropriate
portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency
[Section 3.'1.1(C)] is to be made. However, exclusion from this Article shall not be a
basis for not allowing consideration of other objectives and policies found in the
adopted Comprehensive Plan in the making of a finding of overall consistency.
Section 3.2.2 (Standards for RezoninR Actions): Standard A, B, C, and E are not
applicable with .respect to this rezoning request. I'he applicable performance standard
of Section 3.2.2 is as follows:
D) That the rezoning shall result in allowing land uses which are deemed compatible
with adjacent and nearby land uses both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
Compatibility is not a concern as the property currently contains a shopping center, which
has existed at this location since 1985. The initial PC (Planned Commercial) zoning
designation will accommodate the existing shopping center as a permitted use. There is
no development proposal associated with this request. Compatibility of any future
development proposals with the adjacent developments will be appropriately addressed
with review of a site and development plan request.
Section 2.4.5(D)(5) (RezoninR Findin,qs):
Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the following:
a. That the zoning had previously been changed, or was originally established, in error;
b. That there has been a change in circumstances which make the current zoning
inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The basis for which the rezoning should be granted relates to Item "b", however, Item "c" is
also applicable. The property is in the unincorporated area of Palm Beach County, however, it
is within the City of Delray Beach reserve annexation area. The annexation requires that an
appropriate City zoning designation be applied to the property. The PC zoning designation is
of similar intensity as that allowed under the proposed City GC and existing County C/5 land
use designations.
* P&Z Staff Report
Palm Court Plaza - Future Land Use Map Amendment & Annexation with Initial Zoning of PC
Page 9
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The property is development is allowed under the proposed PC zoning districts. With review of
the annexation request, a site visit was conducted and did reveal some code violations, which
primarily related to landscape deficiencies. Any future development will be required to comply
with the Land Development Regulations.
In addition to the above, the PC zone district requires a minimum floor area of 6,000 sq.ft, per
building. Based upon the site plan approved through the County, a 4,860 sq.ft outbuilding has
been constructed and a future 2,500 sq.ft, outbuilding is proposed. The existing structure is
considered nonconforming and can continue. As the project is considered vested, the 2,500
sq.ft, building could be constructed at the approved location. However, should a site plan
modification be requested, the building square footage cannot be decreased.
REVIEW BY OTHERS
The subject property is not in a geographical arsa requiring review by the CRA (Community
Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic
Preservation Board).
Palm Beach County Notice:
On August 7, 2000, the Palm Beach County Planning Division was notified of the City's intent
to annex this property. To date, a response has not been received.
IPARC Notice:
Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities. To date, a response has not been received.
,Courtesy Notice:
Courtesy notices were sent to the following homeowners associations and civic associations:
· Andover · Presidents Council
· Del-Airs · Shadywoods
· Foxe Chase · Sherwood Park
· Oakmont · Spanish Wells
· PROD (Progressive Residents of Delray) · Verona Woods
Public Notice:
Formal public notice has been provided to the property owner and 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.
· ~&Z Staff Report
Palm Court Plaza - Future Land Use Map Amendment & Annexation with Initial Zoning of PC
Page 10
ASSESSMENT AND CONCLUSION
Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan, and Sections 3.1.1 and 3.3.2 of the Land Development Regulations, and
the policies of the Comprehensive Plan. The change is to a designation allowing a similar
intensity as currently developed, and allowed under the existing County land use designation.
Accommodating-the annexation of this property and affixing an initial City zoning designation of
PC (Planned Commercial) is consistent with the City's program for annexation of territory
within its Planning and Service Area. The PC zoning designation is consistent with the existing
use of the property. The annexation will provide the property with better Police, Fire, EMS and
Code Enforcement services, however, will experience an increase in taxes and stormwater
assessment fees. Positive findings can be made with respect to LDR Section 2.4.5(C)(4) and
2.4.5(D)(5), which relate to required findings for Annexations and Rezonings.
The City will receive additional revenue from property taxes, storrnwater assessment fees, and
per capita revenues, which will result in a net increase to the City of approximately $68,850 a
year. In addition, revenues will be received from utility taxes and franchise fees.
ALTERNATIVE ACTIONS
A. Continue with direction.
Recommend approval of the Annexation, Future Land Use Map amendment from County
C/5 to City GC and initial zoning designation of PC (Planned Commercial) based upon
positive findings with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, 2.4.5(C)(4),
and 2.4.5(D)(5), and the following:
1. That the property is contiguous, reasonably compact and does not create an enclave;
and,
2. That services wilt be provided to the property in a manner similar to other similar
properties within the City.
Recommend denial of the Annexation, Future Land Use Map amendment from County C/5
to City GC and initial zoning designation of PC (Planned Commercial), with the basis
stated.
STAF]= RECOMMEND,ATION
Recommend to the City Commission approval of the Annexation, Future Land Use Map
amendment from County C/5 to City GC and initial zoning designation of PC (Planned
Commercial) based upon positive findings with respect to Future Land Use Element Policy A-
1.7 of the Comprehensive Ptan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2,
2.4.5(C)(4), and 2.4.5(D)(5), and the following:
1. That the property is contiguous, reasonably compact and does not create an enclave; and,
P&Z Staff Report
Palm Court Plaza - Future Land Use Map Amendment & Annexation with initial Zoning of PC
Page 11
2. That services will be provided to the property in a manner similar to other similar properties
within the City.
Attachments:
r3 Future Land Use Map
[] Zoning Map
\ /
LIN TON
DELRA Y MEDICAL
CcN,~..~ CONDOS
CF-H
DEL RAY
MEDICAL
CENTER
WAL--MART
CHRIS T
THE KING
EMMANUEL MONASTgRY
CATHOLIC OF
CHURCHcF' .oST CLARE
CENTER
Dc'~LRA y
TOWN CENTER
BOULEVA D
tOCARA Y
PLAZA
SOUTH COUNTY
MENTAL HEALTH
CEN T£R
CF'H
SOUTH COUNTY PROF.
CENTRE CONDO
coUNTRY
LA K
cLUB
N
PALM COURT PLAZA
FUTURE LAND USE MAP AMENDMENT
FROM: COUNTY C/5 (COMMERCIAL W~TH RESIDENTIAL DENSITY OF 5 UN[TS/ACRE)
TO: CITY GC (GENERAL COMMERCIAL)
II
TO:
THRU:
FROM:
CITY
COMMISSION DOCUMENTATION
DAVID T. HARDEN, CITY MANAGE~
JEFFREY A. COSTELLO, PRINClPAL/P'~I~INETI~ ~
R~ ~OR PLANNER
SUBJECT:
MEETING OF NOVEMBER 21, 2000
REZONINGS FOR THE NORTH HALF OF BLOCK 36, LOCATED ON THE
NORTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN NW 3RD AVENUE AND
NW 4TH AVENUE.
The subject property is located within the "West Atlantic Avenue Redevelopment Area". The CRA
began assembling property for redevelopment of the North 300 and 400 Blocks of West Atlantic
Avenue (Blocks 28 & 36) in 1998. After completing acquisition of over 4.6 acres in 2000, a
Request for Proposals (RFP) for the project was issued on March 1, 2000. The winning proposal,
selected on September 14, 2000, consists of a mixed-use project with multistory retail/office
buildings fronting on West Atlantic Avenue and townhouse development and parking in the rear. In
order to accommodate the residential component of the project, it is necessary to amend the
FLUM designation and to rezone the rear portion of the block to GC (General Commercial). Within
the West Atlantic Overlay District, GC zoning allows residential densities up to 30 units per acre
(subject to performance standards) through the conditional use process.
At its meeting of September 7, 2000, the City Commission approved transmittal to the Florida
Department of Community Affairs (DCA) the associated FLUM amendment for the property in
conjunction with Comprehensive Plan Amendment 2000-2. There were no comments made by
DCA with regard to the associated FLUM amendment, and it is scheduled for second reading at
the December 5th City Commission meeting. If approved on first reading, the second reading of
the rezoning ordinance will occur at the same meeting as the adoption of the Comprehensive Plan
amendment. Additional background and analysis of the request are found in the attached
Planning and Zoning Board Staff Report.
PLANNING :AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board held a public hearing on the proposed FLUM amendment and
rezonings at its meeting of August 21, 2000. One resident asked for clarification on the proposed
rezonings, which was explained by Diane Dominguez, interim CRA Director. No one else spoke
on the proposal. The Board recommended approval of the FLUM Amendments and rezonings by
a vote of 5 to 0 (Hasner abstaining).
RECOMMENDED ACTION
By motion, approve on first reading the ordinance for the rezonings from R-1-A (Single Family
Residential) and CF (Community Facilities) to GC (General Commercial), based on positive
findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for
Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives
and Policies of the Comprehensive Plan, and set a public hearing date of December 5, 2000.
Attachments: P&Z Board Staff Report of August 21, 2000 & Ordinance by Others
ORDINANCE NO. 32-00
A~ ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT AND CF (COMMLrNITY FACILITIES) DISTRICT IN
THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND
BEING A PORTION OF BLOCK 36, TOWN OF DELRAY,
LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE
BETWEEN N.W. 3P'D AVENUE AND N.W. 4TM AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of
the City of Delray Beach, Florida, as being zoned R-I-A (Single Family Residential) District and CF
(Community Facilities) District; and
WHEREAS, at its meeting of August 21, 2000, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and
the same is hereby amended to reflect a zoning classification of GC (General Commercial) District for
the following described property:
Lots 6 through 21, inclusive, together with that pan of the abandoned 16
foot alley right-of-way lying west of and adjacent to Lots 8 through 13,
inclusive, and the east 8 feet of the abandoned 16 foot alley right-of-way
lying west of and adjacent to Lots 6 and 7, Revised Plat of Block 36,
Town of Delray, according to the Plat thereof as recorded in Plat Book 5
at Page 38 of the Public Records of Palm Beach County, Florida.
The subject property is located on the north side of West Atlantic
Avenue, between N.W. 3rtl Avenue and N.W. 4th Avenue; containing 1.8
acres, more or less.
Section 2. That the Planning Director of said City shall, upon the effective date of this
ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions
of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity Of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2000.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
-2- Ord. No. 32-00
I~ AR Tik' g UI'HEI~ Ki~l ..... ~ N.W. 2ND ST. ~.E 2ND
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i SOUARE
GC ATLANTIC ~ A VE N U E
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~ COUP,T ~ Z
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I
N BLOCK 36
c:~ ~ DS~.~ ~*:~. r~ R~ONING FROM: OF (OOMMUN~ FACILITIES) & R-1-A (SINGLE FAMILY RBSIDENTIAL)
~A..~ ~ ZON'~C O?A~ TO: GO (GENE~ COMMERCI~)
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
August 21, 2000
IV.E.2.
City Initiated Future Land Use Map Amendment from CF-P (Community
Facilities-Public Buildings) and LD (Low Density, 0-5 units/acre) to GC
(General Commercial), And Rezoning From R-1-A (Single Family
Residential) and CF (Community Facilities) to GC (General Commercial) for
a 1.80K Acre Portion of Block 36, Town of Delray, Located on the South
Side of N.W. 1st Street, Between N.W. 3rd Avenue and N.W. 4th Avenue.
GENERAL DATA:
VENUE
Owners ................................................. Community Redevelopment Agency & Greater Mount Olive Missionary Baptist
Church
Applicants ............................................. David T. Harden, City Manager
City of Delray Beach
Lo"ation ................................................ South side of N.W. 1st Street, between N.W. 3rd Avenue and N.W. 4th Avenue.
Property Size ........................................ 1.80 K acres
Existing F.L.U.M. Designation .............. CF-P (Community Facilities-Public Buildings) & LD (Low Density, 0-5 units/acre)
Proposed F.L.U.M. Designation ...........GC (General Commercial)
Current Zoning ..................................... R-1-A (Single Family Residential) & CF (Community Facilities)
Proposed Zoning .................................. GC (General Commercial)
Adjacent Zoning ......................... North: R-1-A
East: CF
Souti~: GC
Wes;: CF & R-1-A
Existing Land Use ................................ Vacant land, single & unpaved parking
Proposed Land Use ............................. Future Land Use Map Amendment from CF-P & LD to GC and Rezoning from
R-1-A & CF to GC as part, of Transm~al Hearin_c for Comprehensive Plan
Amendment 2000-2.
Water Se,'-vise ....................................... n/a
Sewer Servise ......................................
ITEM BEFORE THE BOARD
The action before the Board is that of making a recommendation to the City Commission on
proposed Future Land Use (FLUM) Amendments and Rezonings associated the
redevelopment of the North 300 Block (Block 36) of West Atlantic Avenue. This action has
been requested by the City's Community Redevelopment Agency (CRA).
The Future Land Use Map Amendments involve two areas totaling 1.8 acres (See attached
Map and legal description in Appendix A):
r~ Area A: FLUM amendment from LD (Low Density Residential 0-5 du/acre) to GC
(General Commercial) - 6 parcels (by ownership) on NW 3rd Avenue and NW 4TM
Avenue, south of NW 1st Street. Area A contains a total of 1.31 acres.
[] Area B:
FLUM amendment from CF-P (Community Facilities- Public Buildings) to GC
(General Commercial) - 3 parcels (by ownership) on NW 4th Avenue, South of
NW 1st Street. Area B contains a total of 0.49 acres.
The proposed rezonings for these two areas are as follows:
[] Area A: Rezoning from R-1-A (Single Family Residential) to GC (General Commercial).
[] Area B: Rezoning from CF (Community Facilities) to GC (General Commercial)
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to FLUM
Amendments or Rezoning of any property within the City.
The subject property is located within the "West Atlantic Avenue Redevelopment Area".
Guidelines for redevelopment of this area are contained within the West Atlantic Avenue
Redevelopment Plan. The current version of the Plan, adopted on February 3, 1998, contains
block diagrams, which depict possible redevelopment scenarios for each block in the
Redevelopment Area. The diagram for redevelopment of the subject block depicts a
multistory retail/office building fronting on West Atlantic Avenue and parking in the rear which
would be shared by two churches in the immediate vicinity. To accommodate this scenario,
the Plan recommended rezoning the rear portion of the block to CF (Community Facilities).
The CF zoning classification would have allowed parking to be built to serve both the proposed
commercial uses fronting on West Atlantic Avenue and future church development on the rear
of the block. However, since the rezoning was not necessary until the CRA was ready to
proceed with redevelopment, an application was not submitted until property acquisitions were
completed.
The CRA began assembling property for redevelopment of the North 300 and 400 Blocks of
West Atlantic Avenue (Blocks 28 & 38) in 1998. After completing acquisition of over 4.6 acres
in 2000, it was determined that the best redevelopment scenario for the blocks was for a
Planning and Zoning Staff Report
FLUM Amendments and Rezonings for N 300 Block of West Atlantic Avenue (N % of Block 36)
Page 2
mixed-use-development. A Request for Proposals (RFP) for the project was issued on March
1,2000 with the following project description:
Development of a mixed-use redevelopment project, preferably with the building
on the street, with retail or restaurant(s) on the first floor and offices, hotel and/or
residential above. Parking would be situated behind the building. A mid-block
pedestrfan access to the rear parking would also be desirable.
Discussions with developers during the RFP process indicated that at least some of the
proposals were going to include housing as a major component that would extend into the rear
of the 300 block. Although the CRA had already submitted an application to rezone the R-1-A
portions-of the property to CF, it became evident that this zoning would not allow the
residential development that was to be included in some of the proposals. In order to
accommodate this type of development on the block it would be necessary that the entire 300
block (block 36) be zoned GC. Within the West Atlantic Overlay District, GC zoning allows
residential densities up to 30 units per acre (subject to performance standards) through the
conditional use process. Therefore, the CRA withdrew its application for CF zoning and
requested that the City initiate a FLUM amendment and rezoning to General Commercial.
The redevelopment proposals were presented by the developers at a joint CRNWARC (West
Atlantic Redevelopment Coalition) meeting on July 27, 2000. The meeting was well attended
by the community. Although varying in concept and intensity, all four proposals included
housing as a major component extending into the rear of the block. The winning proposal has
not yet been selected.
A draft of the second amendment of West Atlantic Avenue Redevelopment Plan was reviewed
by the WARC Board on August 9, 2000. Changes to the Plan include recommendations for
FLUM amendments and rezonings of the subject property to General Commercial. The Plan
also includes a recommendation that development within this expanded General Commercial
area be limited to community facilities, residential development, or parking for the
redevelopment project. The WARC Board supported these proposed recommendations.
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written materials
submitted by the applicant, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development application. These
findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency, and Compliance with the Land Development Regulations.
Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future Land Use Map.
'Planning and zoning Staff Report
FLUM Amendments and Rezonings for N 300 B~ock of West Atlantic Avenue (N 1/~ of Block 36)
Page 3
The FLUM designations and zoning classifications for the subject property are being amended
pursuant tO recommendations by the CRA and the WARC Board. The proposed amendments
are also included in the draft amendment to the West Atlantic Avenue Redevelopment Plan,
which is expected to be adopted later this year. The proposed FLUM amendments will assign
a Future Land Use Map designation of GC (General Commercial) and the proposed rezoning
to GC (General Commercial) is consistent with this FLUM designation. The property is part of
a proposed mixed-use redevelopment project with residential development and parking
planned for the subject property. These uses are allowed within the proposed zoning district,
subject to conditional use approval for the residential component. Thus, positive findings can
be made regarding consistency of the FLUM designations and zonings.
The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations are discussed
below.
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
(FLUM) must be based upon the findings listed below, and must be supported by data
and analysis that demonstrate compliance with these findings:
[] Demonstrated Need - That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need must
be supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The proposed FLUM amendments and associated rezonings will fulfill Future Land Use
Element Policy C-1.5, stated as follows:
Future Land Use Element Policy C-1.5: The following pertains to the Atlantic Avenue
Redevelopment Area:
This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton
Avenue. The present land uses in this area include single family homes, duplexes, mini-
parks, commercial uses along Atlantic Avenue and NW 5th Avenue, and scattered vacant
parcels.
The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on
July l l, 1995. The plan establishes Future Land Use Map designations, zonings, special
development standards, and design guidelines for the Redevelopment Area. Future
development in the area must be in accordance with the Drovisions of the redeveloDment
plan.
F;lanning and Zoning Staff Report
FLUM Amendments and Rezonings for N 300 Block of West Atlantic Avenue (N % of Block 36)
Page 4
r~
Adoption of the Redevelopment Plan represents Phase I of the redevelopment strategy for
the area. Phase II consists of an economic development strategy to be developed by the
CRA, based on the Redevelopment Plan, and a market study. The economic development
strategy will be completed by Fiscal Year 97/98.
The draft amendment to the West Atlantic Avenue Redevelopment Plan includes
recommendations for redevelopment of the subject property. These amendments will be
adopted prior to final adoption of this FLUM amendment. The WARC Board has supported
the recommendations included in the Plan and the CRA has received proposals for
redevelopment of the block which require the proposed amendments to be made. The
FLUM amendments and concurrent rezonings being considered at this time are proposed
to fulfill the provisions of the Redevelopment Plan.
The proposed amendments also fulfill Housing Element Policy B-2.6 stated as follows:
Housing Element Policy B-2.6: Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to help
stimulate demand for new housing in and around the Central Business District, the
development of new rental housing projects outside of the TCEA and N. Federal Highway
area is discouraged.
The proposed FLUM amendments and rezonings are necessary to accommodate
residential development on a block within the West Atlantic Avenue Redevelopment Area,
adjacent to the Central Business District. Additional housing in this area fulfills a critical
need.
Since these two Comprehensive Plan policies are furthered by the proposed FLUM
amendments, a positive finding can be made with respect to fulfilling a demonstrated need.
Consistency - The requested designation is consistent with the goals, objectives
and policies of the most recently adopted Comprehensive Plan.
As stated above, the proposal is consistent with the goals, objectives and policies of the
City's Comprehensive Plan.
Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
Pursuant to conditions that will be included in the West Atlantic Avenue Redevelopment
Plan, development of the subject property will be limited to community facilities, residential
redevelopment or parking for the redevelopment project. Thus, the highest intensity
possible under the requested GC designation will be residential development at 30 units
per acre. This would represent an increased development potential of 33 units over those
currently available under the existing LD land use designation (1.31 acre), and 15 units on
the CF use designation 0.49 acres). City facilities such as water, sewer, 'and drainage
have sufficient capacity to handle the project. Similarly, solid waste can be accommodated
by existing County facilities. As the property is located in the TCEA (Traffic Concurrency
Exception Area), traffic is not an issue. It is noted, however, that the amendment will
Planning and Zoning Staff Report
FLUM Amendments and Rezonings for N 300 Block of West Atlantic Avenue (N % of Block 36)
Page 5
facilitate the construction of new housing in the downtown area, which will foster a
development mix, that is less auto dependent.
The Open Space and Recreation Element of the Comprehensive Plan indicates in its
conclusion that "The City will have sufficient recreation facilities at build-out to meet the
adopted standards". A park impact fee is collected to offset any impacts that the project
may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact
fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for
each unit.
Thus, positive findings can be made at this time with regard to concurrency for all services
and facilities.
[] Compatibility - The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The subject property is located on the north half of the N. 300 block of West Atlantic
Avenue. Together with the south half of the block and the N. 400 block frontage, the
property is proposed to be redeveloped as a mixed-use project with residential
development and parking to the north. This area of West Afiantic Avenue contains a
significant amount of governmental and community facilities, including the City Tennis
Center immediately to the east, Greater Mount Olive Missionary Baptist Church complex
immediately to the west and the South County Courthouse, across Atlantic Avenue to the
south, immediately north of the subject property is single-family residential development
and a proposed church. No additional redevelopment is planned for these adjacent blocks.
Development of the subject property will be limited to community facilities, residential
development or parking for the redevelopment project. Any residential development over
12 du/acre must also comply with the performance standards in the overlay district. Since
these uses are compatible with the existing and future land uses of the surrounding area, a
positive finding with respect to compatibility can be made.
[] Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
The subject property contains a grass parking lot for Mount Olive church on NW 4th Avenue
and the remainder is vacant. All future development within the requested designation will
comply with the provisions and requirements of the Land Development Regulations.
Compliance with the Land Development Regulations will be addressed with review of a
conditional use for the residential development ahd will be reviewed again with the site plan
approval request. There should be no problems complying with the Land Development
Regulations. A discussion of Compliance with the Land Development Regulations is
also included in the "Zoning Analysis" section of this report.
ZONING ANALY, SIS
REQUIRED FINDINGS (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to approval of development
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written materials
'Planning and Zoning Staff Report
FLUM Amendments and Rezonings for N 300 Block of West Atlantic Avenue (N % of Block 36)
Page 6
submitted by the applicant, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development application; These
findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency, and Compliance with the Land Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report. Compliance with the Land Development Regulations with respect to Standards for
Rezoning Actions and Rezoning Findings are discussed below.
Section 3.2.1 (Basis for Determininq Consistency): The performance standards set
forth in this Article either reflect a policy from the Comprehensive Plan or a principle of
good planning practice. The performance standards set forth in the following sections
as well as compliance with items specifically listed as required findings in appropriate
portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency
[Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a
basis for not allowing consideration of other objectives and policies found in the
adopted Comprehensive Plan in the making of a finding of overall consistency.
Section 3.2.2 (Standards for Rezonin.q Actions): Standards A, B, C and E are not
applicable with respect to the rezoning requests. The applicable performance standard
of Section 3.3.2 is as follows:
(D)
That the rezoning shall result in allowing land uses which are deemed compatible
with adjacent and nearby land uses both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
The subject property is part of a redevelopment project, which also includes the frontage of the
north 300 and 400 blocks of West Atlantic Avenue. Pursuant to a draft amendment to the
Redevelopment Plan, the proposed development will consist of a mixed-use project with
commercial/residential development on the frontage and residential development and parking
in the rear. The Community Redevelopment Agency has received four proposals for this type
of development and is in the process of selecting the winning proposal. The subject property is
proposed to be rezoned to GC (General Commercial). Development of the property subject to
this amendment will be limited to community facilities, residential development or parking for
the redevelopment project. As stated earlier this area of West Atlantic Avenue contains a
significant amount of governmental and community facilities, including the City Tennis Center
immediately to the east, Greater Mount Olive Missionary Baptist Church complex immediately
to the west and the South County Courthouse, across Atlantic Avenue to the south.
Immediately north of the subject property is single-family residential development and a
proposed church. No additional redevelopment is planned for these adjacent blocks. The
proposed uses are compatible with the existing and future land uses of the surrounding area.
To further assure compatibility, any residential development over 12 du/acre must comply with
the performance standards in the overlay district and is subject to conditional use approval.
Planning and Zoning Staff Report
FLUM Amendments and Rezonings for N 300 Block of West Atlantic Avenue (N Y~ of Block 36)
Page 7
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the
City Commission must make a finding that the rezoning fulfills one of the reasons for
which the rezoning change is being sought, These reasons include the following:
That the zoning had previously been changed, or was originally established, in
error;
That there has been a change in circumstances which make the current zoning
inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The appropriate reason for the proposed rezonings is "b", based on the following:
The zoning classifications for the subject property are being amended pursuant to
recommendations by the CRA and WARC. The West Atlantic Avenue Redevelopment Plan is
currently in the process, of being amended. Pursuant to this amendment, redevelopment of the
subject block will consist of a mixed-use project with commercial/residential uses fronting on
West Atlantic Avenue and residential development and parking in the rear. The CRA issued
an RFP and received four proposals for this type of development. It is now in the process of
evaluating the proposals and selecting the winner. The existing zoning classifications of CF
and R-1-A on the subject property are not compatible with the proposed redevelopment
scenario. The proposed rezonings are necessary to move forward with the project.
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by
the body taking final action on a land development application/request,
No formal land development application has been received for the subject property. However,
as stated earlier, the CRA has received four proposals for development of the project. One of
the criteria used in the evaluation and selection process is compliance with the Land
Development Regulations and any proposed development will ultimately be subject to the
provisions of the zoning district. Therefore, a positive finding can be made with respect to
future compliance with the Land Development Regulations.
REVIEW BY OTHERS J
The development proposal is not within a geographical area requiring review by the DDA
(Downtown Development Authority).
Community Redevelopment Agency:
By their request for this action, the Community Redevelopment Agency has given its approval.
P'lanning and Zoning Staff Report
FLUM Amendments and Rezonings for N 300 Block of West Atlantic Avenue (N '/'= of Block 36)
Page 8
West Atlantic Avenue Redevelopment Coalition (WARC):
The WARC Board has been involved with the CPA's initiative to redevelop the North 300 and
400 blocks of West Atlantic Avenue since the CPA began its property assemblage. WARC
Board approval was given at each step of the RFP process and the Board is currently involved
in the selection process. A draft of the second amendment of West Atlantic Avenue
Redevelopment Plan which includes recommendations for the FLUM amendments and
rezonings was reviewed by the WARC Board on August 9, 2000. The WARC Board
supported the proposed recommendations.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
· West Settlers Historic District Association
· PROD (Progressive Residents of Delray)
· Northwest Community lmprovementAssociation
· Presidents Council
· Delray Merchants Association
· Peach Umbrella
· West Side Heights
Public Notice:
Formal public notice has been provided to the owners of all properties subject to the FLUM
and zoning changes as well as to property owners within a 500' radius of the subject property.
Letters of support and objection, if any, will be presented at the Planning and Zoning Board
meeting.
I
The proposed FLUM Amendments and Rezonings are recommended in the draft amendment
of the West Atlantic Avenue Redevelopment Plan, which is in the process of being adopted by
the applicable boards. Positive findings can be made with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section
3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section
2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the
Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be
recommended for approval based on the findings outlined in this report.
Continue with direction.
Recommend to the City Commission approval of FLUM Amendments to the subject
parcels, based on positive findings with respect to Future Land Use Element Policy A-
1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1
(Required Findings), and the Goals, Objectives, and Policies of the Comprehensive
Plan; and,
Planning and Zoning Staff Report
FLUM Amendments and Rezonings for N 300 Block of West Atlantic Avenue (N 1/= of Block 36)
Page 9
Recommend to the City Commission approval of the rezonings of the subject parcels,
based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR
Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning
Findings), and the Goals, Objectives and Policies of the Comprehensive Plan.
Recommend denial of the FLUM Amendments and Rezonings based on a failure to
make positive findings and that the FLUM amendments and rezonings fail to fulfill one
of the basis for which a FLUM amendment or rezoning should be granted.
"RECOMMENDED ACTION
Recommend to the City Commission approval of the proposed FLUM Amendments
from:
LD (Low Density Residential 0-5 alu/acre) to GC (General Commercial) for the
parcels within "Area A", as identified in Appendix A; and
CF-P (Community Facilities- Public Buildings) to GC (General Commercial) for
the parcels within "Area B", as identified in Appendix A;
based on positive findings with respect to Future Land Use Element Policy A -1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required
Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; and,
Recommend to the City Commission approval of the following rezoning requests:
Rezoning from R-I~A (Single Family Residential) to GC (General Commercial)
for the parcels in "Area A", as identified in Appendix A;
Rezoning from CF (Community Facilities) to GC (General Commercial) for the
parcels in "Area B", as identified in Appendix A;
based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR
Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5)
(Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive
Plan.
Attachments:
r3 Proposed Future Land Use Map Amendments
[] Proposed Rezonings
[] Appendix A
Report prepared by: Ron Hoqoard. Senior Planner
s:\plannino & zonina~boards\o&z board\bk36 flum amendment.don
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~ F.L.U.M. AMBNDM~NT FROM: CF-P (OOMMUNI~ FAOILITIE~PUBLIO BUILDING)
CITY ~ D[L"AY B~ACH, FL & LD (LOW DENSI~ RESIDENTIAL, 0-5 UNITS/ACRE)
APPENDIX A }
AREA A:
LOTS 6 THROUGH 13, INCLUSIVE AND THE EAST 8 FEET OF THE ABANDONED
16 FOOT ALLEY RIGHT-OF-WAY LYING WEST OF AND ADJACENT TO SAID LOTS,
TOGETHER WITH LOTS 14 AND 15 AND THE WEST 8 FEET OF THE ABANDONED
16 FOOT ALLEY RIGHT-OF-WAY LYING EAST OF AND ADJACENT TO SAID LOTS,
REVISED PLAT OF BLOCK 36, TOWN OF DELRAY, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 38 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
AREA B:
LOTS 16 THROUGH 21, INCLUSIVE, TOGETHER WITH THE WEST 8 FEET OF THE
ABANDONED 16 FOOT ALLEY RIGHT-OF-WAY LYING EAST OF AND ADJACENT
TO SAID LOTS, REVISED PLAT OF BLOCK 36, TOWN OF DELRAY, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 38 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CITY COMMISSION DOCUMENTATION
TO:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAG~
~.,~ ~
JEFFREY A. COSTELLO, PRINClP~.~N~I[=I~ --
MEETING OF NOVEMBER 21, 2000
CITY. AND PRIVATELY INITIATED REZONINGS FROM AC AND GC TO CBD FOR
THE STEVE MOORE CHEVROLET SITE AND ADJACENT COMMERCIAl
PROPERTIES LOCATED ON THE EAST AND WEST SIDES OF SE St, AND 6TM
AVENUES~ BETWEEN SE 3rd AND 4TM STREETS.
BACKGROUND/ANALYSIS
The rezonings from AC (Automotive Commercial) and GC (General Commemial) to CBD (Central
Business District) involve approximately 6.4 acres of developed land and are being processed in
conjunction with associated Future Land Use Map amendments from GC (General Commercial) and
Redevelopment Area #5 to CC (Commercial Core). The FLUM amendment and rezoning from AC
(Automotive Commercial) to CBD were requested by the owners of the former Steve Moore Chevrolet
Dealership (Auto Nation), so the property could be redeveloped to accommodate a mixed-use project.
The areas adjacent to the dealership were added by the City, in order to "square off" the boundaries of
the CBD.
At its meeting of September 7, 2000, the City Commission approved transmittal to the Florida
Department of Community Affairs (DCA) the associated FLUM amendments for the property in
conjunction with Comprehensive Plan Amendment 2000-2. There were no comments made by DCA
with regard to the associated FLUM amendment, and it is scheduled for second reading at the
December 5th City Commission meeting. If approved on first reading, the second reading of the
rezoning ordinance will occur at the same meeting as the adoption of the Comprehensive Plan
amendment. A full analysis of the FLUM amendments and rezonings are provided in the attached
Planning and Zoning Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board held a public hearing on this item on August 21, 2000 in conjunction
Comprehensive Plan Amendment 2000-2. There was no public testimony regarding the request. The
Board voted 6-0 to recommend approval of the proposed FLUM amendments from Redevelopment
Area #5 and GC (General Commercial) to CC (Commercial Core) and rezonings from AC and GC to
CBD.
RECOMMENDED ACTION
II
Approve on first reading the rezonings from AC and GC to CBD for the former Steve Moore Chevrolet
Dealership and adjacent commercial properties, based upon positive findings with Section 3.1.1
(Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5)
(Rezoning Findings) of the Land Development Regulations, and set a public hearing date of December
5, 2000.
Attachments: ~'-d~ ~ /~'~~
· Planning and Zoning Board staff report of August 21, 2000 ~-- O
· Ordinance by Others
ORDINANCE NO. 33-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL)
DISTRICT, IN PART, AND GC (GENERAL COMMERCIAL)
DISTRICT, IN PART, IN THE CBD (CENTRAL BUSINESS
DISTRICT); SAID LAND BEING LOCATED ON THE EAST AND
WEST SIDES OF S.E. 5TM AVENUE (SOUTHBOUND FEDERAL
HIGHWAY) AND S.E. 6TM AVENUE (NORTHBOUND FEDERAL
HIGHWAY) BETWEEN S.E. 3~ STREET AND S.E. 4TM STREET,
AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of
the City of Delray Beach, Florida, as being zoned AC (Automotive Commercial) District, in pan, and
GC (General Commemial) District, in pan; and
WHEREAS, at its meeting of August 21, 2000, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and
the same is hereby amended to reflect a zoning classification of CBD (Central Business District) for
the following described property:
Lots I through 24, inclusive, according to the Plat of Subdivision of
Block 112, Delray Heights, recorded in Plat Book 1 at Page 130 of the
Public Records of Palm Beach County, Florida, less rights-of-way for
U.S. Highway No. 1 in Delray Beach, Palm Beach County, Florida.
Together with
Lots 1 through 6, inclusive, of Block 120 of the Blank-Nichols
Subdivision, recorded in Plat Book 13, Page 28, Public Records of Palm
Beach County, Florida, less the West 5 feet road right-of-way.
Together with
North 87.5 feet of West 143 feet of the South One-Half (S %) of Block
120 (less the East 8 feet alley right-of-way and the West 5 feet U.S.
Highway No. I right-of-way); and South One-Half (S ½) of Block 120
(less North 87.5 feet, South 122 feet, East 163.3 feet and West 5 feet
U.S. Highway No. 1 right-of-way); and South 70 feet of the West 127
feet (less West 5 feet U.S. Highway No. 1 right-of-way) and North 52
feet of South 122 feet of the West 143 feet (less West 5 feet U.S.
Highway No. 1 fight-of-way), all lying in Block 120, Town of Delray,
recorded in Plat Book I at Page 3 of the Public Records of Palm Beach
County, Florida.
Together with
Lots I through 12, inclusive, Block 104, according to the Plat of Osceola
Park, recorded in Plat Book 3 at Page 2 of the Public Records of Palm
Beach County, Florida, less fight-of-way for U.S. Highway No. 1 in
Delray Beach, Palm Beach County, Florida.
The subject property is located on the east and west sides of S.E. 5th
Avenue (southbound Federal Highway) and S.E. 6th Avenue (northbound
Federal Highway) between S.E. 3rd Street and S.E. 4th Street; containing
6.4 acres, more or less.
Section 2. That the Planning Director of said City shall, upon the effective date of this
ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions
of Section I hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
2 Ord. No. 33-00
Section 5. That this ordinance shall become effective immediately upon passage on
second and final ~'eading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2000.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 33-00
il I
ATLANTIC AVENUE
I
BAR
S£~ GA ~
TDW'ERS
ST.
BARRTON
APT
SEA SX TE
RD.
N
STEVE MOORE SITE & ADJACENT PROPERTIES
REZONING ,-"'ROM: GO (GENERAL COMMERCIAL) & AC (AUTOMOTIVE COMMERCIAL)
TO: CBD (CENTRAL BUSINESS DISTRICT)
I["PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT-._
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
August 21, 2000
City and Privately Initiated Future Land Use Mad Amendment from GC (Gene,al
Commercial) & RDA-5 (Redevelopment Area-5) to CC (Commerciai Core) and Rezoning
From GC (General Commercial) & AC (Automotive Commercial) to CBD fCent,'-al Business
D~s~n.., on the =est and West sides of SE 5'" Avenue (Southbound Federal Highway)
~E =' Avenue (Noilnbound Feneral Highway) Se~'ween S.E. 3rd Street & S.E. 4th'
Street
Owner ......................................... Various
Applicant ...................................... Steve Moore Chevrolet Del, ay,
inc. and David T. Harden, City
Manaoer, City of Delray Beach
Lo~.@tion ...................................... Locat;d on the East and West
Sides of SE 5TM Avenue
(Southbound Federal Highway)
and SE 6= Avenue (No~hbound
Federai Highway) between S.E.
3rd Street & S.E. 4th Street.
Pr3Derty SLze .............................. 5.4 Acres
Existing F.L.U.M. Designation .... Generat Commercial &
Redevelopment Area ¢ 5
Proposed F.L.U.M. Designstion.. CommercJal Core
Existing Zoning ............................ AC (Automotive Commercial) &
GC (General Comme~ial)
Proposed Zoning ......................... CBD (Central Business Distri~)
Adjacent Zoning ................. North: CBD
--asr:. R-l-AA (Single Family
Residential)
South: GC
\/Vest: R-i-A (Single Family i~esidantial).
Existing Land Us=_ ...................... Vacant Automobile Dealership &
Body Shop, Gene,al CommeroiaJ
and F. esiden~ial Uses
Proposed L--nd Use ....................Redevelopment of the Auto-
Relax. ed Properties t~
Mixed-Used (with Residential)
Development
Wa~er Se'vice ............................. =xistinD on si~e
Sewer Se'vice ............................. Ex!stin~c on ske
AGENDA ITEM: IV.E.3
ITEM. BEFORE THE BOARD
-
The action before the Board is that of making a recommendation to the City
Commission on a Future Land Use Map amendment from GC (General Commercial)
and RDA-5 (Redevelopment Area #5) to CC (Commercial Core), and a change of
zoning from AC (Automotive Commercial) and GC (General Commercial) to CBD
(Central Business District) for approximately 6.4 acres of developed land.
The subject properties are located on the east and west sides of'SE 5th and 6th
Avenues, between SE 3rd Street and SE 4th Street, and consist primarily of the former
Steve Moore Chevrolet Dealership. The amendment was requested by the owners of
the dealership, Auto Nation, for that portion of the property that is under their ownership.
The areas adjacent to the dealership have been added to the amendment by the City, in
order to "square off the boundaries of the CBD.
The Future Land Use Map Amendment is being processed pursuant to the twice a year
statutory limits for consideration of plan amendments (F.S. 163.3187). Pursuant to LDR
Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review
and make a recommendation to the City Commission with respect to all amendments to
the City's Future Land Use Map, as well as all rezoning requests.
The project area consists of 6.4 acres of land, the majority of which consists of a vacant
4.77 acre automobile dealership and accessory uses. The overall site is comprised of
48 individually platted lots and the abandoned 16' wide north/south alley right-of-way of
Block 112, Delray Heights. Many of the properties consist of offices and businesses
that have been established in converted residential structures.
The automobile dealership was established in 1964 and was originally known as Adams
Chevrolet Company. In February 28, 1977, the north/south alley, which bisected the
dealership, was abandoned via Resolution No. 17-77 and utilized as customer and
employee parking, and storage area for vehicles. In 1982, the dealership was
purchased by Fronrath Chevrolet. It was purchased by Steve Moore Chevrolet in 1997,
which vacated the site in July, 2000. The site is currently unoccupied.
The properties were zoned C-2 (General Commercial) until 1972, at which time they
ware rezoned to SC (Specialized Commercial), in conjunction with adoption of the new
zoning code. The SC zone district accommodated auto related uses in addition to
general commercial type uses. With the Citywide rezonings and adoption of the Land
Development Regulations in October, 1990, the properties in question were rezoned
from SC to AC (Automotive Commercial) and GC (General Commercial).
P&Z Board Staff Report
FLUM Amendment and Rezonings for Steve Moore Chevrolet & Related Properties
Page 2
FU:'[URE;TEAND.~!:USE~= MAP,:AMENDMENT ANALYSIS J
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to' Section 3.1.1 (Required Findings), prior to approval of Land Use
amendments, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, the staff
report, or minutes. Findings shall be made by the body, which has the authority
to approve or deny the development application. These findings relate to the
Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency,
and Compliance with the Land Development Regulations (LDRs)
Future Land Use Map:
Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use
Map), all land uses and resulting structures must be allowed in the zoning district
within which the land is situated and, said zoning must be consistent with the
land use designation as shown on the Future Land Use Map.
The underlying Future Land Use Map (FLUM) designations for the subject property are
RDA-5 (Redevelopment Area #5) and GC (General Commemial). The current zoning
designations on the properties are AC (Automotive Commercial) and GC (General
Commercial). The proposed change is to a FLUM designation of Commercial Core.
The proposed zoning district is Central Business District (CBD), which is consistent with
the Commemial Core FLUM designation.
The existing uses on the westernmost block consist of residential multi-family, office
and services (hair salon, massage therapy, etc.). Many of the office uses are in
structures that have been converted from residential uses. The vacant auto dealership
occupies the center block. Uses on the east side include a convenience store, offices
for a pest control business, vacant used car sales (associated with the former Steve
Moore dealership), and residential multi-family. The residential and commercial uses
(office, service, retail) will be consistent with the proposed Commercial Core FLUM and
the CBD zoning.
The automotive uses are currently permitted under the existing AC (Automotive
Commercial) zoning district classification, although there are several site conditions that
do not conform to the development standards of that zoning, such as landscaping. As
noted, the dealership and its associated uses have vacated the properties, and the
owners have requested this amendment in order to sell this property for redevelopment
as a mixed-use project. Once the amendment and the associated rezoning are
adopted, the automotive uses will no longer be permitted.
The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive
Plan Consistency and Compliance with the Land Development Regulations are
discussed below.
P&Z. Board Staff Report
FLUM Amendment and Rezonings for Steve Moore Chevrolet & Related PropErties
Page 3
_Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
~1 Demonstrated Need - That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, or similar circumstances. The need
must be supported by data and analysis verifying the changing demographics
or other circumstances. This requirement shall not apply to requests for the
FLUM designations of Conservation or Recreation and Open Space; nor shall
it apply to FLUM changes associated with annexations when the City's
advisory FLUM designation is being applied or when the requested
designation is of a similar intensity to the advisory designation. However, the
findings described in the remainder of this policy must be addressed with all
FLUM amendments.
In addition to furthering the fulfillment of comprehensive plan policies that encourage the
development of new housing in the downtown, a primary basis for this FLUM
amendment relates to changes in the character of the area. Approximately 60% of the
subject property was occupied by an automobile dealership that has vacated the
premises. The character of the uses between the Federal Highway pairs in the
downtown area and beyond has changed significantly in the past year. Older, obsolete
buildings and uses have been demolished and redeveJoped as new office, retail, and
residential uses. Increasingly there is an interest in the establishment of new housing in
the downtown area. There are currently two townhouse projects underway in the CBD
that are located between the Federal Highway pairs. One is located in the block
immediately north of Atlantic Avenue, and includes 22 townhomes and new Class A
office space. The other, which Js located in the first block south of Atlantic Avenue,
consists of 32 townhouse units. Other residential projects that have been approved or
recently constructed within or adjacent to the CBD include a 219 unit apartment project,
and smaller scale commercial projects with apartments on the second story.
The City has worked to direct automotive uses away from the downtown area. Vehicle
sales are concentrated in three areas: at the southern end of the City along S. Federal
Highway, at the northern end of the City along N. Federal Highway, and along Linton
Boulevard just east of 1-95. Vehicle repair facilities have been directed to the City's
industrially zoned areas, although some nonconforming repair shops still exist in the
CBD.
The subject properly is located immediately south of the OBD, and functions as a
gateway from the southern part of the City into the downtown. The automotive uses
that formerly occupied the site were constructed prior to the establishment of the
Automotive Commercial (AC) zoning district, which applied stringent development and
landscape standards for car dealerships. The Steve Moore properties have not been
upgraded to comply with all of the current landscape standards, and have consequently
detracted somewhat from the appearance of the overall area. The relocation of the
dealership and the accessory repair facilities to a more appropriate location on S.
P&Z Board Staff Report
FLUM Amendment and Re.zonings for Steve Moore Chevrolet & Related Properties
Page 4
Federal Highway presents a unique opportunity to transform this entrance into the
downtown into an attractive gateway. The most logical redevelopment strategy is to
extend the CBD zoning to include the dealership properties and the adjacent half-blocks
on the east and west sides of the Federal pairs. The CBD zoning includes development
standards that facilitate the establishment of housing for people who want to live in a
downtown setting, within walking distance to goods and services. Adding this large site
to the limited inventory of available sites for such housing will support the City's ongoing
efforts to revitalize the downtown, and to provide a stable customer base for local
businesses for years to come.
Consistency - The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
The Housing Element of the City's Comprehensive Plan states the following with
respect to housing in the downtown area:
One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption of the
1989 Comprehensive Plan the downtown has changed from a somewhat sleepy,
seasonally-oriented shopping distdct to a vibrant year-round retail, service and
entertainment area with an active night life. A critical missing element is a significant
housing development. The City recognizes the importance of providing housing in
close proximity to shopping, employment, and transportation, and the need to have a
residential base to support the businesses in the downtown area. The City needs to
reevaluate current regulations regarding the construction of dwelling units in the
central business district, and make whatever changes are necessary to eliminate
impediments and provide incentives.
Policy B-3.4 of the Housing Element reads as follows:
The City's Planning and Zoning Department will work with the Community
Redevelopment Agency to analyze the existing Central Business Distdct regulations
to determine if there are significant regulatory impediments to the development of
residential units in the downtown, and will 15rocess the amendments necessary to
eliminate those barriers. This analysis will be conducted in FY 97798.
This FLUM amendment will help to further the goal of providing housing opportunities in
the downtown area. The rezoning to CBD will allow for development at a higher density
(30 units per acre as opposed to 12 units per acre), adding to the property's value as a
potential housing site. Even if the property is not developed as housing, elimination of
its potential for auto uses will aid in the continued revitalization of the downtown.
Concurrency - Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
Uses permitted within the Commercial Core FLUM designation, and the CBD zoning
district are in many respects similar to the type and intensity of uses permitted on land
having a General Commercial (GC) FLUM designation. However, the existing GC
P&Z Board Staff Report
FLUM Amendment and Rezonings for Steve Moore Chevrolet & Related Properties
Page 5
FLUM allows a greater variety of zoning designations. In addition to the open space
and community facility zoning districts (OS, OSR, and CF) that are consistent with most
of the City's land use designations (including Commercial Core), the following zoning
classifications are permitted with an underlying General Commercial FLUM designation:
AC (Automotive Commercial), GC (General Commercial), PC (Planned Commercial),
NC (Neighborhood Commercial), RT (Resort Tourism), POC (Planned Office Center),
and POD (Professional Office District). These districts allow a wide variety of uses,
including shopping centers, office complexes, hotels and resorts, multi-family residential
development, and various service uses. The zoning districts that can be applied to
property having a Commercial Core FLUM designation are CBD (Central Business
District), RO (Resident al Office), and RT (Resort Tourism). The CBD provides for
retail and service uses in a more compact development form than GC or PC zoning. It
also Permits a higher density residential development (30 units per acre as opposed to
the 12 units per acre that is permitted with the GC designaton). However, the most
intense development scenario under ether the General Commercial or Commercial
Core FLUM designations is the same: that of a retail/commercial establishment. Thus,
the FLUM amendment does not affect the site in terms of level of service standards.
Positive findings with respect to a project's ability to comply with concurrency standards
will have to be made with a specific development proposal.
r~ Compatibility _ The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The area to the north of the subject property is zoned CBD, and includes office uses
and nonconforming automotive uses. The area to the south is zoned GC and contains
auto and residential uses. The areas to the east (R-l-AA) and west (R-l-A) are zoned
for single family residential development.
The lots lying on the west side of SE 5t~ Avenue (southbound Federal Highway portion
of the subject property) have a Future Land Use Map designation of Redevelopment
Area #5 (RDA #5). These lots are part of an overall redevelopment area that consists
primarily of the Osceola Park residential neighborhood to the west. A plan is currently
being developed by the City that will concentrate on improving and stabilizing the
residential area, and reducing conflicts wth the adjacent commercial us~s. The
includes retaining the ex sting commercial zoning for properties the along SE 5 Avenue
(southbound Federal Highway). The neighborhood to the east Js considered to be
stable, although impacts from the commercial uses along Federal Highway, especially
the adjacent convenience store, have at times b~en a problem.
The proposed amendment to Commercial Core will eliminate the potential for large
scale automotive uses on the property. Automotive uses within the City have had a
history of creating conflicts with adjacent residential neighborhoods. Some of the
problems that have been noted include the test driving of vehicles through
neighborhood streets, noise from repair uses, cars parked all over the site as well as
off-site along the streets, loading and unloading of vehicles within rights-of-way, and
similar impacts that affect the peace and quiet of nearby neighborhoods.
P&Z Board Staff Report
FLUM Amendment and Rezonings for Steve Moore Chevrolet & Related Properties
Page 6
The amendment is being processed to facilitate redevelopment of a majority of the
subject property as a residential or mixed-use project. New residential development in
the area will be more compatible with the adjacent neighborhoods than the previous
auto uses. Redevelopment of the site will give the City the opportunity to ensure that
the site is designed in a manner that is sensitive to the existing surrounding
neighborhoods.
Based on the above, a finding can be made that the CC FLUM designation will be
Compatible with the existing and future land uses of the surrounding area.
Compliance - Development under the requested designation will comply with
the provisions and requirement of the Land Development Regulations.
Compliance with the Land Development Regulations will be addressed with a specific
development proposal. There are no problems anticipated with the ability to comply
with the Land Development Regulations.
REQUIRED FINDINGS (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to approval of development
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written
materials submitted by the applicant, the staff report, or minutes. Findings shall
be made by the body, which has the authority to approve or deny the
development application. These findings relate to the Future Land Use Map,
Concurrency, Comprehensive Plan Consistency, and Compliance with the Land
Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of
this report. Compliance with the Land Development Regulations with respect to
Standards for Rezoning Actions and Rezoning Findings are discussed below.
Section 3.2.1 (Basis for Determininq Consistency): The performance standards
set forth in this Article either reflect a policy from the Comprehensive Plan or a
principle of good planning practice. The performance standards set forth in the
following sections as well as compliance with items specifically listed as required
findings in appropriate portions of Section 2.4.5 shall be the basis upon which a
finding of overall consistency [Section 3.1.1(C)] is to be made. However,
exclusion from this Article shall not be a basis for not allowing consideration of
other objectives and policies found in the adopted Comprehensive Plan in the
making of a finding of overall consistency.
P&Z Board Staff Report
FLUM Amendment and Rezonings for Steve Moore Chevrolet & Related Properties
Page 7
.Section 3.2.2 (Standards for Rezoninq Actions): Standards A, B, and E are not
applicable. The applicable performance standards of section 3.2.2 are as follows:
(C)Zoning changes that would result in strip commercial development shall be
avoided. Where strip commercial zoning developments or zoning currently
exists along an arterial street, consideration should be given to increasing the
depth of'the commercial zoning in order to provide for better project design.
The majority of the subject property is already developed, and there are no strip type
commercial centers. The change in zoning from GC to CBD will promote a more
compact, ud3a_n type of development rather than that which would typically be proposed
along an arterial highway. The site of the former Chevrolet dealership spans
approximately a block and a half in size, and represents a unique opportunity for a
relatively large scale redevelopment (as opposed to shallow strip center uses).
(D)That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
Compatibility with the adjacent properties to the north and south is not a concern as the
property is being changed to a zoning designation that is the same as that of the
property to the north (CBD), and is similar in many respects to the GC zoning on the
southern border. While the properties on the east and west borders are zoned for
single family residential uses, the change from GC to CBD will result in a similar
deve. lopment pattern, with one possible exception, that of maximum height. The
maximum height in both the CBD and GC zoning districts is 46', unless conditional use
approval is granted to increase the height to 60'. Numerous conditions must be met
before a height increase can be granted, one of which is the property's location. CBD
zoned properties west of the Intracoastal Waterway are eligible to apply for the height
increase, as are parcels located between the Federal Highway pairs. While the
provision currently applies to the dealership site, auto dealerships rarely contain
structures more than two stories in height. Thus, if the property is rezoned to CBD, the
potential exists to increase the height of buildings from 48' to 60'. It should be noted
that other, very specific, conditions must be met in order to allow the height increase.
The height of proposed buildings must be very sensitive to the nearby residential areas.
As discussed in the section on the FLUM amendment, elimination of the automotive
zoning will help to promote the establishment of uses that are more compatible with the
surrounding area. Compatibility will be further addressed at the time of site and
development plan review.
Section 2.4.5(D)(5) (Rezonino Findinds):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter
Three, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
P&Z Board Staff Report
FLUM Amendment and Rezonings for Steve Moore Chevrolet & Related Properties
Page 8
a. That the zoning had previously been changed, or was originally established, in
error;
b. That there has been a change in circumstances which make the current zoning
inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant has submitted a justification statement, which states the following:
"These parcels are inconsistent with the existing surrounding zoning of CBD to the
north, GC to the west and south, and residential to the east. The entire area has
several redevelopment projects containing commercial, office, and residential uses.
This would be a natural extension of the CBD zoning."
Comment: The basis for which the rezoning is being sought most closely relates to "b"
and "c" above. The relocation of the dealership and the redevelopment of many nearby
properties in the CBD for housi.ng purposes is indicative of a change in circumstances
which make the current AC (Automotive Commercial) zoning inappropriate. Once the
AC parcels are changed to CBD, it makes sense to also change the adjacent GC
parcels to CBD. This will have the effect of extending the southern boundary of the
downtown commercial area to be similar to the northern boundary (from NE 4th St. to SE
4th St.). With the exception of residential densities, the proposed zoning is similar in
intensity as allowed under the General Commercial Future Land Use Map designation.
Given the blighted situation as well as the thrust for redevelopment and economic
stimulation along this section of Federal Highway, it is appropriate to rezone the
property to CBD.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the development proposal.
No formal development application has been submitted for the subject property.
Compliance with the LDRs will be reviewed when a development proposal is submitted.
There are no problems anticipated with the ability to comply with development
standards and regulations.
As noted earlier in the report, the automotive uses are currently permitted under the
existing AC (Automotive Commercial) zoning district classification, although there are
several site conditions that do not conform to the development standards of that zoning.
Also, some of the GC zoned properties do not conform to development standards, such
as landscaping. As noted, the dealership and its associated uses have vacated the
properties. The FLUM amendment and rezoning have been requested in order to sell
this property for redevelopment as a mixed-use project. Once the amendment and the
associated rezoning are adopted, the automotive uses will no longer be permitted.
P&Z Board Staff Report
FLUM Amendment and Rezonings for Steve Moore Chevrolet & Related Properties
Page 9
REVIEW BY OTHERS
The subject properly is not within a geographical area requiring review by the
Downtown Development Authority or the Historic Preservation Board.
~CommunJty Redevelopment Aqenc¥:
This item was scheduled for review by the CRA at its August 10th meeting, however,
there was no quorum and the meeting was canceled. The item will be rescheduled for
review at the meeting of August 24th.
Courtesy notices have been provided to the following civic and homeowners
associations:
· Barrton Condominium
· Chamber of Commerce
· Churchill Condominium
· Marina Historic District
Public Notice:
· Osceola Park
· Presidents Council
· PROD ('Progressive Residents of Delray)
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and support, ff any, will be presented at the
Planning and Zoning Board meeting. '
Positive findings can be made with respect to this application's consistency with Future
Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), Sections 3.1.1 (Required Findings), 3.2.1 (Consistency), 3.2.2 (Standards for
Rezoning Actions) and 2.4.5(D)(5) (Rezoning Findings) of the Land Development
Regulations, and the policies of the Comprehensive Plan. The FLUM amendment to
Commercial Core and rezoning to CBD will expand the downtown zoning district to
include a large property that is slated for redevelopment as a mixed-use project. The
change to CBD will promote the establishment of new housing in the area, which has
long been a goal of the City, and the Community Redevelopment Agency (CRA). The
relocation of the auto dealership and its associated uses presents a unique opportunity
for the City to reshape this important southern gateway to the central business district.
The changes will stimulate further redevelopment of the area, and will aid in the long
term revitalization of the downtown core.
~ A 7_ 'T E R :N:A ~ ] 'V E ~A C 'r ~1 0 N S
A. Continue with direction.
P&Z Board Staff Report
FLUM Amendment and Rezonings for Steve Moore Chevrolet & Related Properties
Page 10
Recommend to the City Commission approval of the Future Land Use Map
amendment from RDA-5 and GC to CC, and a rezoning from AC and GC to CBD,
based upon positive findings with Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1, 3.2.2 and
2.4.5(D)(5) of the Land Development Regulations.
Recommend to the City Commission denial of the Future Land Use Map
amendments from RDA-5 and GC to CC, and the rezoning from AC and GC to CBD,
based upon a failure to make positive findings with Future Land Use Element Policy
A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and/or Sections
3.1.1, 3.2.2 and 2.4.5(D)(5) of the Land Development Regulations (state specific
section).
Recommend to the City Commission approval of the Future Land Use Map
amendments from RDA-5 (Redevelopment Area #5) and GC (General Commercial) to
CC (Commercial Core), and the rezoning from AC (Automotive Commercial) and GC
(General Commercial) to CBD (Central Business District), for proper[les located on the
east and west sides of SE 5th and 6t~ Avenues, between SE 3rd Street and SE 4th
Street, based upon positive findings with Future. Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), 3.2.1 (Consistency), 3.2.2
(Standards for Rezoning Actions) and 2.4.5(D)(5) (Rezoning Findings) of the Land
Development Regulations.
Attachments:
I~ Future Land Use Map
~ Zoning Map
ATLANTIC
__AVENUE
CONDO
SEAGATE
TOWERs
MD
APT
CONDOS
CDNDO
STEVE MOORE SITE & ADJACENT~
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