Agenda Reg 12-05-00CITY OF DELR3tY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING
DECEMBER 5, 2000 6:00 P.M./PUBLIC HEARINGS 7:00 P.M.
COMMISSION CHAMBERS
The City will furnish auxiliary aids and services to afford an
individual with a disability an opportunity to participate in and enjoy
the benefits of a service, program or activity conducted by the City.
Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours
prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with
the order of presentation being as follows: City Staff, public
comments, Commission discussion and official action. City Commission
meetings are business meetings and the right to limit discussion rests
with the Commission. Generally, remarks by an individual will be
limited to three minutes or less. The Mayor or presiding officer has
discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter within
the scope of jurisdiction of the Commission under this section.
The Commission may withhold comment or direct the City Manager to
take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary
purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the
sign-in sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by
the presiding officer from speaking further, unless permission to
continue or again address the Commission is granted by a majority vote
of the Commission members present.
APP~IJ,ATE 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.
2000
Roll Call.'
Invocation·
Pledge of Allegiance to the Flag.
Agenda Approval.
Approval of Minutes:
Regular Meeting of November 21,
Procl~unations:
OF NOTE:
A. Supporting and declaring December 15, 2000 as Bill of Rights
Day in Florida
National Epilepsy Awareness Month - November 2000
Appearance Board 9th Annual
City Manager recommends approval.
Presentations:
A. Site Plan Review and
Recognition Program
Consent Agenda:
Award
A. EMERGENCY MANAGEMENT GRANT APPLICATIONS: Authorize Langton &
Associates to submit five (5) emergency management grant
applications on behalf of the City of Delray Beach.
INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/MOTOROLA SMARTZONE
CONTROLLER: Approve an interlocal agreement between the
Cities of Boca Raton, Boynton Beach and Delray Beach and Palm
Beach County for the purpose of allowing access to the
Motorola SmartZone Controller owned by Palm Beach County.
LETTER OF ELECTION/BELL SOUTH TELECOMMUNICATIONS: Approve two
agreements with Bell South Telecommunications to furnish,
install and maintain telephone line service for the new 800
MHz radio system in the total amount of $51,110.60, with
funding from 001-2113-521-41.10 (Police Support Services
Telephone Expense). One agreement is for the connection
between the Police Department and the Palm Beach County radio
Regular Commission Meeting
December 5, 2000
site (Forest Hill Boulevard) and one is for the connection
between the Police Department and the Hardrives tower site
(South Congress Avenue).
FINAL PLAT APPROVAL/JENNINGS SUBDIVISION: Approve the final
subdivision plat for Jennings Subdivision, a proposed two lot
commercial subdivision to be located on the west side of North
Federal Highway, approximately 315 feet south of Gulfstream
Boulevard.
FINAL PLAT APPROVAL/OCEAN HAMMOCK: Approve the final
subdivision plat for Ocean Hammock, a proposed ten lot
townhouse development to be located at the southwest corner of
State Road A1A and Pelican Lane.
FINAL PLAT APPROVAL/STONE STATION FLORIDA, INC.: Approve the
final subdivision plat for Stone Station Florida, Inc., a
proposed two lot commercial subdivision to be located on the
west side of S.W.14th Avenue between S.W. 7th and 8th Streets.
SERVICE AUTRORIZATION ~6/MATHEWS CONSULTING (INTRACOASTAL
FORCE MAIN CROSSING): Approve Service Authorization #6 in the
amount of $19,945.00 with Mathews Consulting, Inc. for
professional engineering services related to the 16"
Intracoastal Force Main Crossing project, with funding from
441-5181-536-63.74 (Water & Sewer - Intracoastal Sewer
Crossing).
FUNDING SUBSIDIES UNDER DELRAY BEACH RENAISSANCE PROGRAM:
Jo
Approve funding subsidies in the total amount of $55,700.00
for three (3) income eligible applicants under the Delray
Beach Renaissance Program, with funding from
118-1924-554-83.01 (SHIP Program), representing the ll3th,
ll4th and ll5th homeownership assistance grants provided
through the program to-date.
RESOLUTION NO. 98-00: Approve a resolution assessing costs
for action necessary to abate nuisances on sixteen (16)
properties throughout the City.
REVIEW OF APPmA?.~RLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period from November 20th through December 1, 2000.
K. LIEN REVIEW ADVISORY TEAM APPOINTMENT CHANGE: Approve a
change to the appointments to the Lien Review Advisory Team as
recommended by the Advisory Team.
Regular Agenda:
no
BONUS PAYMENT TO DUBIN AND ASSOCIATES: Consider approval of
FY 2000 bonus payments to Dubin and Associates, Inc. for golf
operations and for Tennis Center operations.
-3-
Regular Commission Meeting
December 5, 2000
RESOLUTION NO. 99-00 & SPECIAL EVENT REQUEST/24TH ANNUAL ROOTS
CULTURAL FESTIVAL: Consider a request for special event
approval to allow the 24th Annual Roots Cultural Festival to
be held between December 2000 and August 2001, and approve
Resolution No. 99-00 in support of the event.
RESOLUTION NO. 97-00: Consider approval of a resolution
authorizing the City to purchase a house and lot, located at
Lot 10, Block 10, Atlantic Gardens, from the Delray Beach
Housing Authority for the purpose of providing affordable
housing. The subject property is located on the east side of
S.W. llth Avenue between S.W. 2nd and 3rd Streets.
10. Public Hearings:
ORDINANCE NO. 31-00: An ordinance annexing to the City a
parcel of land located at the southwest corner of Linton
Boulevard and Military Trail (commonly known as Palm Court
Plaza), and establishing initial zoning of PC (Planned
Commercial) District for the property. QUASI-JUDICIAL HEARING
(AS TO ZONING)
ORDINANCE NO. 21-00:
Amendment 2000-2.
An ordinance adopting Comprehensive Plan
City-initiated Future Land Use Map amendment from County
C/5 (Commercial with residential density of 5 units/acre)
to City GC (General Commercial) for approximately 14.19
acres located at the southwest corner of Linton Boulevard
and Military Trail (Palm Court Plaza).
City-initiated Future Land Use Map amendment for 1.8+/-
acres in Block 36, Town of Delray, from CF-P (Community
Facilities-Public Buildings) and LD (Low Density
Residential 0-5 units per acre} to GC (General
Commercial), located on the north side of West Atlantic
Avenue between N.W. 3rd and 4th Avenues.
Combined City and privately initiated Future Land Use Map
amendment for a 6.4 acre parcel of land (Steve Moore
Chevrolet and adjacent properties) from GC (General
Commercial) and Redevelopment Area ~5 to CC (Commercial
Core).
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.W. 3rd and 4th Avenues.
QUASI-JUDICIAL HEARING
ORDINANCE NO. 33-00: An ordinance rezoning the former Steve
Moore Chevrolet site and adjacent properties from AC
(Automotive Commercial) and GC (General Commercial) to CBD
-4-
Regular Commission Meeting
December 5, 2000
(Central Business District). The subject property is located
on the east and west sides of S.E. 5th Avenue and S.E. 6th
Avenue, between S.E. 3rd and 4th Streets. QUASI-JUDICIAL
HEARING
11.
Comments and Inquiries on Non-Agenda Items from the Public
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings: None
13. Comments and Inquiries on Non-Agenda Items.
City Manager
City Attorney
City Commission
-5-
CITY COMMISSION - CITY OF DELRAY BEACH
REGULAR MEETING - DECEMBER 5~ 2000 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS:
9. REGULARAGENDA
MEMORANDUM OF UNDERSTANDING: Consider approval of a Memorandum of
Understanding between the City and the Professional Firefighters of Delray Beach, Local
1842 I.A.F.F., extending long term disability insurance coverage to firefighters, approving
revised Sections 1-4 of Article 4, "Grievances", maintaining the status quo for Sections 5-7
of Article 4, and agreeing to reopen negotiations on Sections 5-7 of Article 4 on or about
May 1, 2001.
E. INTEREST IN CONSIDERATION FOR PALM BEACH COUNTY LEAGUE OF
CITIES APPOINTMENTS: Determine whether there is interest in being considered for
appointment by the Palm Beach County League of Cities to various committees.
Also enclosed is a copy of Resolution No. 99-00 related to Item 9.B., Special Event Request
for the 24th Annual Roots Cultural Festival. It was inadvertently omitted from the agenda
package sent out last Friday.
Addendum. 12.5.00 Reg. Mtg.
[lTV OF DELR V BEFI[H
AIbAmeric~ city
limits and defines the Powers of government, and secures unto the pubhc certam inalienable rights;
and
561
PROCLAMATION
WHEREAS, the Bi] of Rights, the first 10 araendmeats to the United States Constitution,
WHEREAS, the Bill of Rights recognizes, affirms and protects fundamental human and
civil rights for which persons of all races have stxuggled for thousands of yeazs; and
WHEREAS, the Bill of Rights is integral to the American way of life mad should serve as a
reminder of the special contributions and sacrifices made by oar forefathers and leaders to preserve,
protect and extend our freedoms; and
WHEREAS, Americans have fought and died to protect our fights and freedoms under the
Bill of Rights; and
WHEREAS, a Bill of Rights Day would remind Americans of the manner in which our
history and philosophy have secured the ~ghts for which oppressed people everywhere still yearn,
and would honor the enormous sacrifices that have been made in the struggle for basic hum~n and
civil rights; and
gzt'IERF-,A$, a Bill of Rights Day would help prevent the Bi] of Rights from being
otherwise forgotten, and since many Americans do not know the Bi] of Rights, this special day
would enco~wage our schools to instruct children about this aspect of oux American heritage; and
WHEREAS, a Bi] of Pdghts Day would rem~d all elected and appointed officials and
employees of the state and local executive, legishtve and judicial branches of government that theix
authority and powers a~e limited; and
WHEREAS, a Bi] of Rights Day would remind all members of government that they serve
the citizens, not na/e them, and that the citizens always hold the right to restrain government; and
WHEREAS, the fights and freedoms guaranteed by the Bi] of Rights demand eternal
x4gilance and deserve perennial celebration and eternal remembrance of the sacrifices made to
protect the Bi] of Rights.
~gHEREAS, the Bi] of Rights of the Uulted States Constitution was ratified on December
15, 1791.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commigsion, do hereby proclaim
~EC~IBER ~ 2000AS BIZ~ O.F ~VIGI-ITS ~A Y
in the City of Delray Beach and enco~age all citizens to observe the Bi] of Rights Day in a mariner
that brings to mind the meaning and importance of each of the ten prov/sions contained therein.
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 5~' day of December, 2000.
DAVID W. SCFIMIDT
MAYOR
~ ~ :: ......... T,~e EFFORT ALWAYS MATTERS g. /~.
, NOV I 7
LAKE " .....
7 NORTH DIXIE HIGHWAY
LAKE WORTH. FLORIDA 33460-3787
OFFICE OF THE
CITY COMMISSION
November 10 2000
Phone (561) 586-1730
Fax (561) 586-1750
Dear Mayor,
Greetings from the City of Lake Worth
I need your help in proclaiming December 15 2000 as BILL OF RIGHTS DAY in your city.
You probably know as well as I do that our children are taught very little about our constitutions
(U.S. or Florida) except for beanng about certmn F~rst amendment fights or Fifth amendment
rights they are mostly unaware of the other amendments. Also, new citizens are not aware of
how our freedoms are secured, if you agree with me that all of our amendments should be better
known and understood by our people, I hope that you will follow through on this request by
proclaLming December 15th 2000 as BILL OF RIGHTS DAY in your city. This day was the
anniversary of the signing Of the Bill of R/ghts in 1791.
We have formed a Constitution Committee of Florida an ad hoc committee that has lobbied our
state legislature to pass a resolution declairing December 15th as BILL OF RIGHTS DAY in
Florida. I am belping Chairman Lee Colemm~ let this fact be known tln'ougbout the state of
Florida.
There will also be a formal presentation in Tallahassee on December 15th in the Capital with
many speakers such as Martha Barnett, President ABA & Stanley Marshall former President
Florida State University.
I have enclosed a sample copy ofa proclaimation for you to use, please send me a copy of your
presentation.
Thanks, Yours in service
Tom Ramiecio
Mayor
2000
Session Vote Sequence: 144
Yeas--81
The Chair
~ldrews
Argenzkmo
Arnal~
Baln~r
Bi.er
Boyd
Bradley
Cons~ne
~ays~5
Bush
Ches~ut
Cos~ve
Edwards
E~e]ie~on
Crady Jones
Crist Kelly
Crow PAlmer
Detort Kyle
Diaz de la PoPlin, R. Lacasa
l)ockery Litdefleld
Farkas Lynn
Fasano Maygardeu
Feeney IVlelviu
Horenllr~ Merchant
Fianagan Miller, J.
Fuller Minton
Futch Morroul
Garcia Murman
Gay Ogles
Goode Pattenon
G0odlette Peaden
Green, C. Posey
Harrington Prleguez
llart Pr, itt
Jolmson P~tuara
Frankel
Gotdieb
Greene, A
Greenstein
Hafner
Sendquez
Heyman
/iii{
Jacobs
Contint~ation of Special Orders
Ceremonial Resolutions Calendar
HR 9011--A resolution d~eclaring December 15, 2000, Bill of Rights
Day.
WHEREAS, the first 10 amendments to the United States
Constitution are referred to as the Bill of Rights, which limit and define
the powers of government, and
WHEREAS, several of the original states refused to ratify the
Constitution without an express Bill of Rights, and
WIIERI~AS, the Bill of Rights recognizes, sffirms, and protects
fundamental human and civil rights for which persons of all races have
struggled for thousands of years, and
WHEREAS, the Bill of Rights secures our freedom to speak, print,
read, assemble, pray, petition the government, and keep and bear arms; '
protects us from unreasonable arrests and searches, excessive bail,
double jeopardy, coerced confessions, and cruel and unusual
punishment; and secures our rights to due process, jury trials, and
counsel, and to present defense witnesses, and
JOLrRNAL OF THE HOUSE OF REPRESENTATIVES 519
WHEREAS, the Bill of Rights protects our sovereign state from the
excesses of the Federal Government, and
WHEREAS, the Bill &Rights is integral to the American way of life,
and America celebrates a variety of civic holidays which remind us of the
special contributions and sacrifices made by our forefathers and leaders
to preserve, protect, and extend our freedoms, and
WHEREAS, the Bill of Rights energizes our military defense because
members of the .~'med Services of the United States swear aa oath to
preserve and defend the United States Constitution~ which includes the
Bill of Rights, and when American military personnel fight and die for
our country, they do so to protect our rights and freedoms under the Bill
of Rights, and
WHEREAS, a Bill of Rights Day would help prevent the Bill of Rights
l~beriz from being otherwise forgotten, and since many Americans do not know
R0jas the Bill of Rights, this special day would encourage our schools to
Ruble instruct children about this aspect of our American heritage, and
Ru. uell WIIEREAS, a Bill of Rights Day would declare America's commitment
SaMerson
Sembler to fundamental human rights to the whole world, and
Smith, K. WHEREAS,just as celebrating religious holidays reminds Americana
Soremeu of our religious beliefs and traditions, a Bill of Rights Day would remind
SpraR Americans of the manner in which our history and philosophy have
Stansel secured the rights for which oppressed people evet-ywhere still yearn,
Star~ and
Subletto
Tmvilliou WHEREAS, a Bill of Rights Day ~ould be a memorial day honoring
Tallis the personal sacrifices and deaths of countless millions of people who
Villalob~ have struggled for basic human and civil rights over thousands of years,
Wallace and
Waters
Wise WIiEREAS, a Bill of Rights Day would remind all elected and
appointed offieials and employees of the state and local executive,
legislative, and judicial branches ofgovernment that their authority and
powers are limitr~d, and
WHEREAS, a Bill of Rights Day would remind all members of
government that they serve the citizens, not rule them, and that the
Kesmas Ryan citizens always hold the right to restrain government, and
Lawson Smith, C.
Lee Sobel WHEREAS, the rights and freedoms guaranteed by tim Bill of Rights
Levine Stafford deserve perennial celebrations and the sacrifices made to protect the
Miller, L. Turnbull Bill of Rights deserve eternal remembrance, and
Ray,on Igasserman Schullz W " ' '
HERLAS, the Bill of R ghL~ of the Un{ted States Const tut on was
tleddick Wiles ratified on December 15, 1791, NOW, ~THEREFORE,
Pdtclfic Wilson
PAtter Be It Resolved by the House of Representatives of the State of Florida:
That December I5, 2000. be declan~d Bill of Rights Day in Florida.
BE lq' FUi{.TIIEI~ Rh:SOLVED that all govcrl~mental bodies in
Florida be encouraged to observe the Bill of Rights Day in a manner that
brings to inind Lbo moaning and importance of each of the l0 provisions
contained therein.
--was read the second time by title. On motion by Rep. Andrews, the
resolution was adopted.
By Representative Fasano--
}IR 9091--A resolution designating April 11, 2000, as Submarine
Sailors Day.
WHEREAS, all ~nen and women who have so proudly served the
United States of America in a United States Armed Forces uniform are
more than deserviug of the gratitude and appreulation of all American
citizens, and
WHEREAS, each organization under the banner of the United States
Armed Forces has contributed greatly to the preservation of our great
nation, and bravely defended the citizens and the Constitution of the
United States, and
Yeas--Bush
Under Rule 121(b), the bill was referred to the Engrossing Clerk.
~ On motion by Rep. Arnall, the rules were suspended and the House
moved to the order
Motions Relating to Committee References
On motion by Rep. Lynn, agz,eed to by two-thirds vote, llBs 2179 and
2181 were withdrawn from the Committee on Education/K~12 and
remain referred to the Committees on Finance & Taxation and
Education Appropriations. The vote was:
WHEREAS, Epilepsy,
recognized also known as Seizure Disorder, has afflicted mankind and has been
since the earliest medical writings; and
WHEREAS, as long ago as 400 B.C., Hippocrates, the Father of Medicine, repudiated
ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the
gods that people afflicted with this disorder held prophetic powers· Hippocrates believed that
Epilepsy was a brain disorder; and
WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or
sensory phenomena; a sign that certain brain cells (neurons) are discharging an excessive amount of
electrical impulses; and
WHERF~S, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain
tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown; and
WHEREAS, more than two miflion Americans are afflicted with some type of Epilepsy. Of
this number, 150,000 are Florida residents; and
WHEREAS, with the administration of antlconvulsant drugs, two-thirds of those afflicted
with Epilepsy are drug controlled so that workers with Epilepsy make reliable and consdentious
workers who ofi.en rate better in job performance, attendance, safety and job stability than non-
handicapped workers; and
WHEREAS, studies carded out in the United States over the past thirty years have
indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with
unemployment rates estimated to fall between twenty and twenty-five percent; and
WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal
reqmrements for success, a person who has Epilepsy needs a supportive environment and employers
who are willing to give them an oppommity to become productive citizens.
NOW, THEREFORE, I, DAVID W. SCI-'IMIDT, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission do hereby proclaim November, 2000, as
NATIONAL EPILEPSY AWARENESS MONTH
in the City of Delray Beach, Florida, and urge all of its citizens to become aware of this disorder and
encourage those afflicted to take their rightful place in society and become productive citizens.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of
the City of Delray Beach, Florida, to be atTtxed this 5'h day of December, 2000.
DAVID W. SCHMIDT
MAYOR
TO:
THRU:
FROM:
SUBJECT:
DA~.~AR~. MANAGER
PAUL DORLING, ACT~/G DIRECTOR,~PLANNING AND ZONING
SCOTT PAPE, SENIOR PLANNER~%~,I~
MEETING OF DECEMBER 5, 2000
SITE PLAN REVIEW AND APPEARANCE BOARD AWARD
RECOGNITION
PROGRAM
The Site Plan Review and Appearance Board (SPRAB) is conducting its 9th annual Award
Recognition Program. The awards are given to those property owners and their design teams who
have significantly contributed to the beauty of the community through creative design or renovations
to existing properties. Eligible projects are those that were approved by the Board, and received a
Certificate of Occupancy during the previous fiscal year (October 1, 1999 - September 30, 2000).
The SPRAB awards will be presented to the recipients mentioned below at the City Commission
meeting.
This year's design categories and recipients include:
NEW COMMERCIAL DEVELOPMENT
MULTI-FAMILY RESIDENTIAL DEVELOPMENT
Congress Park
Marvin Feinstein (Owner)
Pierce, Goodwin, Alexander & Linville(Architect)
Grant Thornbrough and Associates (Landscape
Architect)
St. George's Landing at The Landings
> Sealink Investments (Owner)
> Ames Design International (Architect)
> Dave Bodker Landscape Architecture &
Planning, Inc. (Landscape Architect)
PRIVATE COMMUNITY FACILITY
EXTERIOR RENOVATIONS
St. Vincent Ferrer Church
Diocese of Palm Beach County (Owner)
Digby Bridges, Marsh & Associates (Architect)
Dave Bodker Landscape Architecture &
Planning, Inc. (Landscape Architect)
City Oyster
> Delray Tavern Corporation (Owner)
> Lorne Johnston Architects (Architect)
WALL SIGNAGE
PUBLIC COMMUNITY PROJECT
Pineapple Grove Way Arch
Pineapple Grove Main Street, Inc. (Owner)
Perez Design, Inc. (Architect)
Daniel H. Carter (Landscape Architect)
REDEVELOPMENT PROJECT
Apple Professional Center
> Apple Holdings Corporation (Owner)
> Eliopoulos and Associates, Inc. (Architect)
> EnviroDesign Associates (Landscape Architect)
City Oyster
> Delray Tavern Corporation (Owner)
> Ferrin Signs, Inc. (Sign Contractor)
FREE STANDING SIGNAGE
Kyoto Sushi Restaurant
Kyoto Sushi Restaurant
BSA Corporation (Contractor)
George Brewer (Architect)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~¢ CITY MANAGER
SUBJECT: AGENDA ITEM ~, ~, - REGULAR M~.RTING OF DECEMBER 5, 2000
EMERGENCY MANAGEMENT GRANT APPLICATIONS
DATE:
DECEMBER 1, 2000
This is before the Commission to authorize Langton & Associates to submit five (5) emergency
management grant applications on behalf of the City.
Attached is an outline which sets forth the details for each of the five applications. Two of the five
grants are being sought for the current fiscal year CFY 2001) while the other three would be for FY
2002.
Approval is recommended.
RefiAgmemol4.Authoriza6on to Submit Grant Applications
City of Delray Beach
Emergency Management Grant Applications
To be submitted 12/18/00
Emergency Management Competitive Grant
Fiscal Year 2000-2001
· Critical Facility Hardening: City Communications Building
$150,000 request, $150,000 cash match
Shutters for Communications Building
Ranked #7 in Palm Beach County Local Mitigation Strategy Project List
Project will protect the building that houses the City of Delray Beach's new 800 mhz, 48
channel, $1.5 million radio system. The systems in the building also dispatch all fire and
police personnel for the City and neighboring communities. The building will also house
Police Department and other City essential persom~el during an emergency.
Emergency Management Competitive Grant
Fiscal Year 2001-2002
· CERT
$17,957.90 grant request
This project ~vill train 150 citizens for participation in Delray Beach's CERT teams.
Grant funds will be used to purchase Personal Safety Equipment for each new team
member, supplies for classroom exercises, instructor/support staff salaries, and classroom
equipment.
CERT teams address many of the top priorities of the State, County, and City CEMP's
regarding re-entry and damage assessment.
· EOC Systems Enhancements
$61,200 grant request.
This grant xvill be used to acquire the following items which will enhance the
functionality and efficiency of the new Emergency Operations Center.
New sofl~vare: EM2000 $7500 server, $8,000 for package for 10 ~vork stations
10 laptops ~vith cellular modems: $40,000
New phone system: $5700 (3) Nortel Tone Command 1030 consoles, replaces a 15 year
old phone system which is set up for a single call taker. This system would not have the
capacity to serve the activated EOC.
This project furthers the Palm Beach County Comprehensive Emergency Management
Plan, V-8, Computer Technology, by providing for implementation of EM2000 so,ware
in the City of Deh'ay Beach which will allow for seamless mission tracking.
Mission Tracking in EM 2000. Information, missions, and resources coordinated in the
EOC are tracked in an electronic messaging system, EM 2000, which is a Lotus Notes
based program.
· EM 2000 is an emergency management package of databases including the tracker
the shelter database, and the contact manager database.
· The tracker documents and distributes missions and information
,, Internally, messages are routed in accordance with Figure V-1 of the Palm Beach
County Comprehensive Emergency Management Plan to ensure accuracy, proper
distribution and timely completion.
· The shelters database logs shelter name, location, capacity, and cun'ent status.
· The contact manager database stores, maintains, and allows searches for in£ormation
on individuals and agencies based on name, address, ad phone number
Municipal Competitive Grant Program
Fiscal Year 2000-2001
· Mobile Electronic Programmable Message Boards (2)
$50,000 request, $5,000 cash match
Direct evacuees to shelters of last resort off of Interstate 95
Can be lent to otherjurisdictions for warning, evacuation, and response activities
This project furthers the State of Florida Regional Evacuation Procedure (6/1/2000) by
providing for electronic programmable message boards which can be pre-positioned
along 1-95 one of the regional evacuation routes to assist with evacuee information and
can ultimately direct evacuees to shelters of last resort.
Municipal Competitive Grmrt Program
Fiscal Year 2001-2002
· Mobile Electronic Programmable Message Boards (2)
$50,000 request, $5,000 cash match
Direct evacuees to shelters of last resort off of Interstate 95
Can be lent to other jurisdictions for warning, evacuation, and response activities
This project furthers the State of Florida Regional Evacuation Procedure (6/1/2000) by
providing for electronic programmable message boards which can be pre-positioned
aloug 1-95 one of the regional evacuation routes to assist with evacuee information and
can ultimately direct evacuees to shelters of last resort.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~I-~CITY MANAGER
SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF DECEMBER 5, 2000
INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY (SMART
ZONE CONTROLLER)
DATE:
DECEMBER 1, 2000
This is before the City Commission to authorize the Mayor and the City Clerk to execute an interlocal
agreement with Palm Beach County for the purpose of allowing access to the Motorola SmartZone
Controller owned by Palm Beach County. This updated agreement supersedes the one that was
approved by the City Commission in March 2000.
The SmartZone Controller is a critical element to the success of the 800 MHZ radio system. By
entering into this interlocal agreement, the cities of Dekay Beach, Boca Raton and Boynton Beach xvill
be able to use the controller owned by Palm Beach County. In addition to saving taxpayer money,
this arrangement will also provide the public safety benefit of enhanced communication ability and
interoperability.
Approval of the interlocal agreement is recommended.
Ref:Agmemol.Interlocal Ag~eement. PBC.SmartZone Controller
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~ESOLUTION NO. 2000-07
A RESOLUTION OFTHE SOUTH PALM BEACH
COUNTY PUBLIC SAFETY COMMUNICATIONS
COOPERATIVE RECOMMENDING THAT THE
MAYORS AND THE CITY CLERKS OF THE
CITIES OF BOCA RATON, DELRAY BEACH, AND
BOYNTON BEACH EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THOSE THREE CITIES AND
PALM BEACH COUNTY FOR THE PURPOSE OF
ALLOWING ACCESS TO THE MOTOROLA SMARTZONE
CONTROLLER OWNED BY PALM BEACH COUNTY;
PROVIDING FOR SEVERABILITY;AND PROVIDING
AN EFFECTIVE DATE,
WHEREAS, the Cities of Boca Raton, Delray Beach, and Boynton Beach
have created the South Palm Beach County Public Safety Communications
Cooperative composed of those three Cities for the purpose of providing
Interoperational communications systems for Public Safety and local government
users for mutual aid purposes;
WHEREAS, the Cities of Boca Raton, Delray Beach and Boynton Beach
as part of the South Palm Beach County Public Safety Communieatons Cooperative,
would like to enter into an Interlocal Agreement with Palm Beach County for use of
the county owned Motorola SmartZone Switch;
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WHEREAS, the Inte~'local Agreement has been prepared and a copy has be~n
attached hereto;
BE IT RESOLVED BY THE SOUTH PALM BEACH COUNTY PUBLIC
SAFETY COMMUNICATONS COOPERATIVE:
Section 1. This recommendation be made that the Mayor and City Clerk of
each City execute the Interlocal Agreement with Palm Beach County for use of the
Motorola SmartZone Switch. A copy of our agreement is attached.
~ If any section, subsection, clause or provision of this
Resolution is held invalid, the remainder shall not be affected by such
invalidity.
Section 3. This resolution shall take effect immediately upon
adoption.
SOUTH PALM BACH COUNTY PUBLIC
SAFETY COMMUNICATIONS COOPERATIVE
Member
INTERLOCAL AGREEMENT
This Amevrtment #1 to an INTERLOCAL AGREEMENT (Resolution #2000-0838), is made and
entered into this daf of , 2000, by and between PALM BEACH COUNTY, a polirical
subdivision of the State of Florida ("COUNTY') and the dries of Boca Raton {"Boca Raton'~ and
Delray Beach ('Delray Beach') and Boynton Beach ('Boynton Beach'), each a separate
municipal corporation exisiing under the laws of the State of Florida~
WITNESSETH
WHEREAS, the Cities of Boca Raton, Delray Beach, and Boynton Beach, have established via
Interlocal Agreement the South palm Beach County Public Safety Commuxficarions
COOPERATIVE for the purpose of expandiz~g the geographic use of available frequencies for
mutual assistance and daffy activities and the establishment and operation of radio
communications systems; and
WHEREAS, the COUNTY has committed to the purchase, de-~i~, instsllarion, and operation of
an 800 MHz Trunked Radio System to meet the needs of the palm Beach County Sheri[fs
Office, Palm Beach County Fire Rescue, p~lm Beach County Emergency Management Service,
and various palm Beach County general government agencies; and
WHEREAS, the COUNTY and the Cities have determined that the ability to provide
interoperable systems is critical to the effective and efficient provision of public safety services;
and
WHEREAS, it has been determined mutually beneficial to all Parties to execute this Agreement
which sets forth the parameters under which the radio systems of the Cities and the COUNTY
can be connected saving the taxpayers money of both the COUNTY and the Cities as well as the
opportunity to receive the public safety benefit of interoperability;
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal
Agreements to jointly exercise any power, privilege, or authority which such agendes share in
common and wh/ch each might exercise separately; and
WHEREAS, the parties agree that this Amendment #1 is appropriate to update the original
Interlocal Agreement and that this amended agreement rescinds and terminates Agreement
#2000-0838, and replaces in its entirety:
NOW THEREFORE, in conjunction with the mutual covenants, promises and representarions
contained herein the parties hereto agree as follows.
SECTION 1: Purpose
The purpose of this Agreement is to set forth the parameters under which the COUNTY
will make specific components of its 800 MHz Trunked Radio System avaffable to the
COOPERATIVE in order to provide for interoperable radio comm~mications between the
COUNTY and the cities participating in the COOPERATIVE.
Page 1 of 17
Amendment #1 to Inteflocal Agreement (Resolution 2000-0838) Page 1 of 17
SECTION 2: Deftnition~
2.01 Boynton Beach Site: The City of Boynton Beach's prlm~y radio comm~mlcations
site located/n Tract B, RoliLng Green Ridge Second Addition, City of Boynton Beach.
2.02 Central Hub: The Central Hub cons/sts of the radio communications system
operated by the City of West P~!m Beach and includes those cities utilizing the system through
Interlocal agTeement with the City of West Palm Beach.
2.03 Cities: The City of Boca Raton, the City of Delray Beach, and the City of Boynton
Beach, as individual entities, but used in context of this Agreement to mean each c/ty act/ng in
the conective.
2.04 CiW-County Ro~min~ Talk Group: Talk groups established on a municipal radio
commurllcations system for which the SmartZone Controller ~ a~-i~ channel resources on
the County's communications systems when un/ts from the talk group are registered on the
System.
2.05 Commnn Countyw/de Talk Group~: Talk groups established on the County's
communications system that are made available to municipalities and other non-County
agencies. These talk gl'oups must be programmed into agency radios and be selected by the
2.06 Controlier: The Controller is the group of equipment components that provide
audio routing and control s/~naling functions required to in,trace various independent
comm~Lrlications systems and provides interoperable operations between the individual
systems.
2.07 COOPERATIVE: The South p~lm Beach County Public Safety Comm~lnlcations
Cooperative wh/ch was established by Boca Raton, Delray Beach AND Boynton Beach to
collectively provide a radio commurdcations system wh/ch provides radio communications for
the three cities. All references to the COOPERATIVE shall also refer to each of the Cities of
Boca Raton, Delray Beach and Boynton Beach and to the approval of all actions of the
COOPERATIVE by the Cities pursuant to the Interlocal Agreement establishing the
COOPERATIVE dated 2/2/98.
2.08 COOPERATIVE's System: The 800 MHz trunked radio system or systems,
funded, purchased, inst~lled, maintained and owned by the COOPERATIVE or the individual
cities. The system, or systems, shall include the fixed network and field radio tran.~rmitting and
receivin~ equipment, microwave equipment and/or leased communication transport lines as
required for communications between s/res, dispatch center equipment and facilities required
for the operations of each city's public safety and government services functions, and the
towers and physical facilities require to house and maintain the system equipment.
2.09 CSOPAC: Communication System and Operations Polic/es Advisory Committee
established to develop policies for the system in which both the cOUNTY and the
COOPERATIVE part/c/pate.
2.10 CRSSC: Countywide Radio System Steering Committee established to oversee
implementation of the policies established by the CSOPAC and to modify exisiing policies or
create new policies as reqttired over the life of the System.
Page 2 of 17
Amendment #1 to [ntegocal Agreement (Resolution 2000-0838) Page 2 of 17
2.11 Microwave System: A communications system utilizing frequencies in the
microwave range to route audio and control .~iEnals between sites in a multi-site
communications system.
2.12 Network Administrator: Is the COUNTY staff position responsible for
maintenance and ar~mlnlstration of the COUNTY system including the SmartZone Controller.
2.13 North Hub: The North Hub is a comm]micafions system proposed to be
developed collectively by the munic/palifies in the nor[hem County area.
2.14 Parties: All entities that have executed this Agreement which include the
COUNTY, Boca Raton, Delray Beach and Boynton Beach.
2.15 Prime Site: The location of the COUNTY's SmartZoneTM Controller.
2.16 Ro,mirl~ Feature: A feature of the SmartZone Controller that allows ~nlta from
specified talk groups to register onto communications systems associated w/th the SmartZone
Controller when beyond the coverage of their primary system. Additionally these *~lk groups
are a~iEned communications channels on the systems where ~mlts register when there is t~]lr
group activity.
2.17 South Hub: The South Hub refers to the commurfications system, facil/ties and
operations proposed by the COOPERATIVE.
2.18 System: The 800 MHz Trunked Radio system funded, purchased, installed,
maintained and owned by the COUNTY. The system will include fixed and field trav.~rnltting
and receiving equipment, a microwave system for communications between sites, remote and
prime site control and management equipment, dispatch consoles and related equipment and a
SmartZone Controller located at the prime site.
SECTION 3: COUNTY'S 800 MHz Trnnked Ridfo System
3.01 The COUNTY will purchase, install, and operate a SmartZoneTM Controller,
capable of expansion to 48 ports, at its Prime Site. The COUNTY w/Il solely fund the purchase
and own the Controller. The COUNTY will allow the COOPERATIVE to connect to the Controller
utilizing a maxim~]m of nine (9) ports. The COOPERATIVE acknowledges that the COUNTY has
upsized the Controller to be able to accommodate the capacity requirements of the
COOPERATIVE as transmitted to the COUNTY on August 28, 1998. The COOPERATIVE also
acknowledges that by entering into this Agreement, the COUNTY must increase the capacity of
the Controller to a level sufficient to accommodate the anticipated requirements of the South,
Central and North Hub as conceptualized in the Countywide Public Safety Communications
System for Municipalities prepared in 1995.
3.02 Subject to Section 3.06, the COOPERATIVE aErees to pay its fair share of the
operation and maintenance costs associated with the Controller on pro rata basis. The
operations and maintenance costs to be included are: system ,rlmlrlistration COSTS (wh/ch
includes persormel costs), utilities, equipment, software and component renewal, replacement
costs, and controller maintenance costs {which may be out-sourced or performed by the
COUNTY). The COOPERATIVE's maintenance costs are calculated in Section 5.031 of this
agreement.
Page 3 of 17
Amendment #1 to Intedocal Agreement (Resolution 2000-0838) Page 3 of 17
3.03 Subject to Section 3.06, the COOPERATIVE will be selely responsible for any
and all permitting and/or licensing costs associated with its use of the Controller.
3.04 Subject to Section 3.06, the COOPERATIVE will be solely responsible for any
and all costs associated with the purchase of equipment components, modules, interfacing
hardware and the inst2llation services required to utilize the SmartZoneTM Controller.
3.05 The COOPERATIVE agrees that only the COUNTY will connect W, expand, or
otherwise modify System components which are owned by the COUNTY. The COOPERATIVE
will fund such actions to be undertaken by the COUNTY on the COOPERATIVE's behalf, and
pursuant to the terms of this Agreement.
3.06 The COOPERATIVE will only be financially responsible for those actions
undertaken on the COOPERATIVE's behalf when the COOPERATIVE has agreed to the costs in
writing prior to commencement of the activity.
3.07 In order to facilitate the COOPERAT1VE's needs, the COUNTY agrees to make
the SmartZone Controller available to the COOPERATIVE on November 1, 2000 or as soon
thereafter as Motorola completes its work to make the SmartZone Controller and related
equipment operational and ready for use. The SmartZone Controller shall be ready for use
when the installation and progr~mmi~ work is complete as well as site development is
complete to the extent that security, environmental conditions and backup power are properly
provisioned. The COOPERATIVE acknowledges that the microwave communications system will
not be in place at the time of early acceptance of the SmartZone Controller and the Prime Site,
and will be solely financially responsible for the commultications costs associated with
transporting the signals to the Prime Site.
3.08 The COOPERATIVE acknowledges that by connective to the SmactZ~ne
Controller prior to final system testing, their use of the controller is subject to interruptions
due to acceptance testing. Every effort will be made to notify the COOPERATIVE of testing
activities and to schedule any known interruption to mi~imlve the impact. However, the
COOPERATIVE recognizes that system failures are possible and that the prescribed testing
act/vities must be completed before the COUNTY can accept the system as complete and
functional. Neither the Cities nor the COOPERATIVE shall hold the cOUNTY responsible for
any actions, consequences or liability resulting directly or indirectly from the use of the
SmartZone Controller prior to acceptance by the COUNTY and/or service interruptions prior to
acceptance by the COUNTY.
SECTION 4:COUNTI'8 Digital Mi¢~wave Communl~mtions ~2~tem
4.01 Pursuant to a separate agreement be[ween the COUNTY and Boynton Beach, the
COUNTY will locate distal microwave commultications equipment at the Boynton Site. The
COUNTY will allow the COOPERATIVE to use the microwave system as a communication path
between the COOPERATIVE and the Controller located at the COUNTY's Prime Site.
4.011 Boynton Beach will solely uvillve the 6 TI capacity in the Microwave System
reserved for use by the COOPERATIVE pursuant to separate agreement. Delray Beach and
Boca Raton will transport from their systems to the COUNTY's Prime Site via leased Tls and
not via the Microwave System.
Page 4 of 17
Amendment #1 to Interlocal Agreement (Resolution 2000-0838) Page 4 of 17
4.012 If Delray Beach and Boca Raton subsequently decide to iltiH~e a Microwave
System directly from their respective systems to the COUNTY's Pr/me Site, the individual City
will be totally respons/ble for all costs associated with the purchase, installation, ownership,
operations and maintenance of equipment solely for its benefit. The provisions of Section 4.03
will also then apply to Delray Beach and/or Boca Raton.
4.02 Subject to Section 3.06, the COOPERATIVE will be solely responalble for all
costs associated with interfaces between the Microwave System or the commercial telephone
system and the COOPERATIVE's radio system. The point of demarcation between the COUNTY
and the COOPERATIVE shall be the back plane connector blocks of the SmartZone Controller.
For the City of Boynton, the demarcation ab_all be the microwave radio equipment at the
Boynton Site.
4.03 The COOPERATIVE agrees that only the COUNTY will connect to, expand, or
otherwise modify Microwave System components which are owned by the COUNTY. Subject to
Section 3.06, the City of Boynton will fund such actions to be undertaken by the COUNTY at
City of Boynton's request, and pursuant to the terms of this Ag~ement.
S~CTION 5: COOPERATIVE's MMntenanee and Administration Cost~ iud Condition~ for
Participation
5.01 The COOPERATIVE shall pay an annual maintenance and ~flml,istration fee
based on the follow/nE percentages of staff and material costs. The costs provided below
present a not-to-exceed cost through October 2002. The Costs for agencies using the
SmartZone Controller are derived as follows: the capped Est/mated Annual Costs for fiscal
2003 are muitiplled by the fixed percentages and the sum of the costs for each ca, gory are
apportioned out to the user agencies base on the n--~ber of active talk groups for each agency.
As additional users connect to the SmartZone Controller, the COOPERATIVE's percentage of
the total cost will reduce.
Staff or l~tmals Required
EsfimmeCost
Annual Per- Annual
Cost cent Cost
Network AdminiaWator $75,000 20% $15,000
Network Engineer $67,000 10% 6,700
Field Engineer $50,500 10% 5,050
Data Enlxy (secretary) $25,000 10% 2,500
Paris/supplies/software $50,000 30% 15,000
Total $44,250
The COUNTY reserves the light to charge the COOPERATIVE on a time and mater/als
basis for after hours emergency trouble reports that are not the result of a fa/lure of the
SmartZone Controller, the Ambassador switch, microwave system or related subsystems or
software.
Page 5 of 17
Amendment #1 to Interlocal Agreement (Resolution 2000-0838) Page 5 of 17
5.012 The COUNTY shall inform the COOPERATIVE of any adjustments to the
maintenance and administration costs each year durir~ the month of March. The
COOPERATIVE shall pay the maintenance and sdmlnlstration fees as a check payable to the
Board of COUNTY Commissioners. The COUNTY shall invoice for payment in October and
payment shall be due November 30th. Each year the COUNTY shall re-calculate the fees
provided in this agreement. The new calculation shall consider increases to the n~mber of
active t~lk Eroups and annual maintenance and administration costs.
Usin~ the allocalion methodoloEy described in this agreement, the costs contained in
Section 5.01 can be mod/fled annuany based on letter a~reement executed by the County
Administrator (or his designee) and the Chairman of the COOPERATIVE.
5.013 The COOPERATIVE shall provide to the COUNTY copies of their software
licenses for the use of the SmartZone system features associated specifically with the
COOPERATIVE. These licenses shall be submitted to the COUNTY prior to the COOPERATIVE
cor~mencir~ operations on the SmartZone Controller and renewals shall be provided thereafter
as prescribed by the license(s).
5.02 The COOPERATIVE shall have the authority to connect to and utilize the
features and capabilities of the SmartZone Controller to provide interoperabillty be£wc-en the
cities of the COOPERATIVE and other agencies as may be author/zed at a future date. The
COOPERATIVE shall have access authority to the SmartZone Controller that will allow the
COOPERATIVE to establish talk groups and subscriber units an the System within the
allotments provided in Attachment B to this doc~ment. The COOPERATIVE shall proEr~m t~ll~
groups or subscriber units for operation only on radio systems owned and operated by the
Cities of Boynton Beach, Delray Beach, and Boca Raton. The COOPERATIVE may program
subscriber radios on the Common Talk Groups {provided in Attachment C) on the COUNTY's
radio system for interoperability with COUNTY agencies under a separate a~reement to be
established. Interoperabitity a~reements with other agencies on the System shall be approved
by the CRSSC and formalized by an interlocal a~reement be£w=en the agencies. The COUNTY's
Net~vork Administrator shall receive executed copies of all asyeements for interoperability
before subscriber equipment is programmed to operate as establ/shed by the a~reement.
5.03 The COOPERATIVE shall assign representatives to attend the User Committee
meetinEs for each of the law enforcement, fire-rescue, and public works disciplines for which
the Cities have subscriber units programmed on the System. Participants at these meetings
will discuss all system maintenance and sdmlnistration issues. Non-critical problems or
suggested chaI~es shall be presented at the meetings. As a~reed to by the User Committee
members, issues discussed at the meeth~s shall be forwarded to the Network Administrator or
the CRSSC for final approval.
The COOPERATIVE shall have the capability to generate call activity reports, faulty
reports and reports about the infrastructure equipment, as well as subscriber units established
on the individual radio systems of the COOPERATIVE.
5.04 The COUNTY shall attempt to notify the COOPERATIVE a minimum of seventy-
two hours in advance of all scheduled interruptions of the SmartZone Controller's capab/lities.
The COUNTY shall make every effort to limit all scheduled interruptions of Smart. Zone
Controller service to no longer than ninety mlrlutes. All scheduled interruptions of service
shall occur between 2:00 a.m. and 6:00 a.m. whenever possible (with the exception of
acceptance testln~).
[~alle 6 of 17
Amendmen! #1 lo Intedocal Agreement (Resolution 2000-0838) [~sge 6 of 17
The COOPERATIVE shaU have access through their SmartZone Manager Terminal to
receive Alerts and Alarms for the SmartZone Controller as well as the/nfrastructure eqttipment
for their individual communications systems.
The COOPERATIVE shall be responsible for msint~inlng the eqnipment components
that make up the COOPERATIVE's System and the associated equipment used to interface with
the COUNTY's System.
Critical problem alarms generated by a SmartZone Controller ¢~ilure are automatically
reported to the 'County Communications Divis/on for resolution. The Sheriff's Office Dispatch
Center will also monitor critical alarms and be notified by County Communications of actions
taken and status. Normally, it will not be necessary for the COOPERATIVE to notify the
COUNTY of any problems with the SmartZone Controller. However, in the event, it becomes
necessary to report a problem, the COOPERATIVE shall contact the Communications Division
er~neering staff. Phone numbers to be provided when critical response procedures are
finalized.
5.05 The COOPERATIVE will not be permitted to connect to the System until this
interlocal agreement is executed by the COUNTY and the Cities.
5.06 The COOPERATIVE shall have authority to utilize private call and telephone
interconnect features for the operations of their agencies. The COOPERATIVE rec ~oEni~es that
the COUNTY's use of the System does not include these features. As a result, additional
equipment and software licenses may be required to implement these features.
~AYrlON 6: System Capacity Forecast Assnmptiolm
6.01 The COUNTY and the COOPERATIVE agree that it would be mutually beneficial
to maximize the number of city-COUNTY tnllr groups with capabilities for System-wide
ronmi~g. The system design forecast does not project any System capacity is ava/lable to
ach/eve this objective. However, as the System is used, the COUNTY wifi have actual System
use data that can be used in lieu of the System use assumptions used for the original system
capacity projection. The COUNTY agrees to periodically reevaluate law enforcement's use of the
System compared to the use projections. The specifics of this evaluation are identified in
Attachment A to this Agreement.
6.02 Ro~mir~ shall be allowed between radio systems operated by the COOPERATIVE
members at the discretion of the COOPERATIVE. Ro~mlnl/i shall not be allowed, as of the date
of this ~reement, from COOPERATIVE systems onto the COUNTY system nor from the
COUNTY System onto COOPERATIVE's systems.
SECTION 7: COOPERATIVR's ~-Imowledgment of COUNTY Expenditure
The COOPERATIVE acknowledges that by entering into this Agreement, the COUNTY
has allowed the COOPERATIVE to save in excess of $1,000,000 as well as avoid costs
associated with establishing a microwave 1/nk from the Boynton site to the Prime Site in excess
of $125,000.
Amendment #1 to Inteflocal Agreement (Resolution 2000-0838) Page 7 of 17
SECTION 8: COUNTWs Obligations to COOPERATIVes System
Nothing in this Agreement shall represent a commitment by the COUNTY, or shall be
construed as intent by the COUNTY, to fund any portion of the COOPERATIVE's System.
8.01 Nothing in this Agreement shall represent a commitment by the COUNTY, or
shall be construed as intent by the COUNTY, to fund any portion of the COOPERATIVE's
system.
8.02 After system acceptance and warranty expiralion, the COUNTY shall provide a
response by a qo~li6ed technician to all failures of SmartZone functionality that impact the
operation of any of the COOPERATIVE's radio systems within two hours of being notified of
such failure. The COUNTY shall take all possible actions to restore SmartZone fttnctionallty to
full operation without delay. Motorola shall provide repair and maintenance services per the
COOPERATIVE's contract prior to acceptance of the system by the COUNTY. Motorola shall
also service the SmnrtZone Controller according to the COUNTY's contract during the warranty
period.
8.03 COOPERATIVE members shall give the COUNTY £wcnty-four hours notice of the
need to access the SmartZone Controller facility for routine maintenance or installation of
COOPERATIVE equipment.
8.04 COOPERATIVE members shall have continuous access to the SmartZone
Controller facility to repair problems with their connectivity systems. After hours access shall
be provided through the emergency trouble reporting procedure estabhshed for the system.
SECTION 9: Frequencies
The Parties agree that the frequencies held by the COUNTY and the frequencies held by
the COOPERATIVE shall be separate and shall be implemented and used at the sole discretion
of the individual parties.
SECTION 10: Liability
The parties to this Agreement and their respective officers and employees shall not be
deemed to assume any liability for the acts, omls~ions and negligence of the other party.
l~ku-ther, nothing herein shall be construed as a waiver of sovereign immurLity by either party,
pursuant to Section 768.28, Florida Statutes.
SECTION 11: Term of Agr~ment
The term of this Agreement shall be for a period of five (5) years from execution. The
Agreement may be renewed for a period of three (3) years upon written modification by all
Parties. Should the agreement not be renewed at any Hme in the future, the provis/ons of the
terrolnation clause shall apply.
SECTION 12: Amendments to this Afreement
12.01 This Agreement may be amended from time to ~me by written amendment by all
Parties.
Amendment #1 to Inteflocal Agreement (Resolution 2000-0838) Page 8 of 17
12.02 In the future, if the COUNTY enters into an agreement(s) with other
municipalities which terms are more favorable than those contained in this A~reement, the
COUNTY agrees to /unend this agreement, by written amendment executed by the COUNTY
Adralnistrator or bis de~iEnee, the Director of Facilities Development & Operations to match
the more favorable. This provision does not apply to Sections 3.01, 4.01, 4.02, 5.032 and 7 of
this A~reement.
sECTION 13: Termi--atlon
13.01 Al~ter receipt of notice pursuant to Section 5.01, the COUNTY can only terminate
if the Parties fbi! to enter into an agreement pursuant to Section 5 of this Agreement, or as a
restllt of any other default by the COOPERATIVE pursuant to this P~-,ement.
13.02 The COOPERATIVE may terminate the ~greement with 60 days notice to the
COUNTY. All improvements made to the SmartZone Controller, the Ambassador Switch, the
microwave system, and related subsystems by the COOPERATIVE, or on its behalf, shall
remain part of the equipment where installed and ownersifip shall transfer to the COUNTY.
SECTION 14: Administration
14.01 The aamlnistrative policies for the SmartZone Controller shall be established by
the CSOPAC and by the CRSSC after the CSOPAC is discontinued. The COUNTY and the
COOPERATIVE agree to abide by the policies se established.
14.02 The COOPERATIVE shah receive certa/n access codes to the palm Beach
COUNTY System and shall be responsible to safe guard the code information from release to
unauthorized parties.
Service staff directly employed by the Cites of the COOPERATIVE shall be considered
authorized to receive access and progr~mmlrtg codes for the maintenance of their agency's
radio equipment. Commercial service prov/ders are not considered authorized to recehre access
or progr~mmlng codes for the COUNTY System. Agencies that plan to use commercial services
for their system or subscriber unit maintenance must include confidentiality requirements in
their contracts with the commercial service providers acceptable to the Network Administrator
before access or programming codes may be released to these companies.
14.03 The COOPERATIVE shall be responsible for adherir~ to the polic/es and
procedures established for System use. Should the COOPERATIVE not follow the established
procedures, there shall be ~ wamir~s before corrective action is taken. The CSOPAC (or
CRSSC al~er October 2001) shall have the authority to direct the Network Administrator to
implement modifications to the network includlnE disabling units or disabli~E access to the
System.
SECTION 15: .a-,-,ual Budget Appropriations
The COUNTY'S and Cities' performance and obligation to pay pursuant to this
Agreement are contingent upon annual appropriation for its purpose by the Board of COUNTY
Commlss/oners and each individual City Coundl.
Amendment #1 to Interlocal Agreement (Resolution 2000-0838) Page 9 of 17
SECTION 16: Notices
Any notice given pursuant to the terms of this Agreement ahall be in writ/ng and done
by Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date
of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following:
As to the COUNTY:
Director, Facflflies Development & Operations
3323 Belvedere Road, Building 503
West p~lm Beach, Florida 33406
With copy to:
Director of Commurfications Division
3323 Belvedere Road, Building 506
West p.lm Beach, Florida 33406
COUNTY Attorney's Office
301 North Olive Ave, Suite 601
West Palm Beach, Florida 33402
As to Boca Raton:
City Manager
City of Boca Raton
201 W. pmlmetto Park Rd.
Boca Raton, Fl 33432
With copy to:
Chief of PoLice
City of Boca Raton
100 NW Boca Paton Blvd
Boca Raton, Fl. 33432
As to Delray Beach:
City Manager
City of Delray Beach
100 NW First Ave.
Delray Beach, Fl. 33444
With copy to:
Chief of Police
City of Delray Beach
300 W. Atlantic Ave
Delray Beach, Fl. 33444
Amendment #1 to Inteflocal Agreement (Resolution 2000-0838) Page 10 of 17
As to Bo~rnton Beach:
City Manager
City of Boynton Beach
1 O0 E. Boynton Beach Blvd.
Boynton Beach, Fl. 33435
With copy to:
Chief of Police
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Fl. 33435
SECTION 17: Applicable L~w/Enforcement Costs
This Agreement shall be governed by the laws of the State of Florida. In any litigation
brought by a party to t. his Agreement to enforce the terms of this Agreement, each party shall
bear its own costs and attorney's fees incurred in connect/on therewith.
SECTION 18: Filln~
A copy of this Agreement shaU be filed by Palm Beach COUNTY with the Clerk of the
Circuit Court in and for p~lm Beach COUNTY.
SECTION 19: Dele~ation of Duty
Nothir~ contained herein shall be deemed to authorize the deleEation of the
Conslitutional or Statutory duties of any party.
IN WITNESS WHEREOF, the parties have caused this A~reement to be executed on the day and
year first written above.
Amendment #1 to Intedocal Agreement (Resolution 2000-0838) Page 11 of 17
ATTEST:
DOROTHY H. WILKEN, Clerk
PALM BEACH COUNTY, FLORIDA BY ITS BOARD
OF COUNTY COMMISSIONERS
BY: BY:
Legal Suffic/ency:
Chair
COUN'~Y Attorney
Remainder of page left blank.
Amendment #1 to I nterlocal Agreement (Resolution 2000-0838) Page 12 of 17
CITY OF Boca Raton, Clerk
BY:
Legal Sufficiency:
CITY OF Boca Raton, BY ITS CITY COUNCIL
BY:
Mayor
City Attorney
Remainder of page left blank.
Amendment #1 to Interlocal Agreement (Resolution 2000-0838) Page 13 of 17
CITY OF Delray Beach, Clerk
CITY OF Delray Beach, BY ITS CITY
COMMISSIONERS
BY: BY:
Mawr
Legal Sufficiency:
City Attorney
Remahader of page lef~ bl~mk.
Amendment #1 to Intedocal Agreement (Resolution 2000-0838) Page 14 of 17
CITY OF Boynton Beach, Clerk CITY OF Boynton Beach, BY ITS CITY
COMMISSIONERS
BY: BY:
Mayor
Legal Sufficiency:
City Attorney
Remainder of page left bl~nk.
Amendment #1 to I ntedocal Agreement (Resolution 2000-0838) Page 15 of 17
Attachment A
System Capacity IPoz~-~nst Re-evaluation
In order to implement Section 6 of the A~reement, the COUNTY agrees to the following
Two (2) years after final acceptance of the System and complete mi?ation of PBSO to the
system and every three (3) years thereafter, the forecast of System capacity will be re-evaluated.
The re-evaluation will entail the substitution of actual System use data for System use
assumptions used to determine System capacity. The re-evaluation w/ll be done by performing
an Erlan~ study based on actual system usage data, actual uri/t quantities and, revised un/t
quantity growth for the rema/nin~ system build-out.
The System use assunlpfions used to determine the ori~nal system capacity projections are
identified as follows:
System Build-out: 2013
Number of Voice Channels: 27 (See note below)
CalcuLation Model: ErlAnE-C
Standard Call - Seconds/Units: 3.778 seconds
Loading: Call/Hour/Unit: 1.7036 call-seconds
Working Channel Overhead: 0.5 seconds
Maximum Acceptable Delay: 1 second
Average Message: 4.278 seconds
Offered Load: 14.3634 erlanEs
Basic Grade of Service: 0.20 percent
Delayed Call Grade of Service: 0.01 percent
Percent~e of Time each Channel in Use: 53.2%
A~ency Parameters:
Law R~¢orc~m~nt F/re-Rescue/EMS Gen. Govern. Total
Unit Quantity by 2013
Peak Erlan~ by 2013
3412 1405 2278 7095
6.91 2.84 4.61 14.36
Note: Implementation of two additional channels capable of COUNTYwide coverage is required
to meet the operat/onal minimums for the full 15 year system life cycle.
To determine the availability of system capacity to support city-COUNTY talk groups, the above
assumptions will be compare with actual use data and the ~,=~m.otions will be adjusted
accordin~y for law enforcement. Us/l~ the adjusted parameters an ErlanE-C study shall be
performed to determine capacity usage.
In the event that the re-evaluation indicates that overall law enforcement usage is les~ than
that computed by the as.,a,mptions (including the projected growth in ntunber of COUNTY law
enforcement radios and the actual use for those projected radios), the COUNTY will re-direct
that law enforcement capacity aifference to allow for certain talk I~oups to have the ro~mlnE
feature activated. Municipalities proposln~ ro~mi~ talk groups shall provide ErlsnE study
data to demonstrate the identified available capacity can support the call traffic from the
proposed city-COUNTY talk groups. To ensure comparable Erlar~ study results, municipal
studies shall be based on the same methods and calculation model as used for the COUNTY's
study.
Amendment #1 to I nterlocal Agreement (Resolution 2000-0838) Page 16 of 17
The number of specific city-COUNTY talk group to use the roaming feature will be based on an
evaluation of all city-COUNTY talk groups, capacity needs for each talk group, the capacity
available, the number of radios with access to the talk group, the risk/stress involved in
activities us/ng each t~ll~ group, and any monitoring requirements.
All cities in the COUNTY wffi be able to partic/pate in the identification of law enforcement city-
COUNTY talk groups for consideration to go to System-wide ro~mlng. The COOPERATIVE
acknowledges that any capacity which may be re-as-~i~o~ed to enable city-COUNTY talk groups
with the ro~ming feature is available to aU cities in the COUNTY not only those in which the
COOPERATIVE routinely participates.
As the System has Countywide coverage it w/Il not be necessary for COUNTY users to activate a
ro~mlr~g feature. As a result, any costs associated with the re-progr~mming of subscriber units
and the SmartZone Controller will be borne in its entirety by the entity proposing the city-
COUNTY ~ group.
The re-assignment of any capacity hfitiaUy forecasted to fire rescue and general government
users is at the sole diserelion of the COUNTY.
h:sou~hubagr
Amendment #1 to Inteflocal Agreement (Resolution 2000-0838) Page 17 of 17
C
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00
0
0
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0
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TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
~Robert A. Barcinski, Assistant City Manager
November 30, 2000
Agenda Item City Commission Meeting 12J~/00
Approval Letter of Election/Bell South
ACTION:
City Commission is requested to approve two (2) agreements with Bell South to furnish,
install and maintain telephone line service for the new 800mhz radio system in the total
amount of $51,110.60. One agreement is for the connection between the police
department and the Palm Beach County Radio site and one is for the connection
between the Police Department and the Hardrives tower site. Funding is available in
account 001-2113-521-41.10.
BACKGROUND:
The attached proposed contracts ara per state contract pdcing and ara for a period of 36
months. The total of $51,110.60 the first year, includes installation costs. The total cost
per year for years two and three will be $44,175.60.
This service and installation is needed to provide interoperability between the Td-City
system and the Palm Beach County systems for public safety users and selected non-
public safety users.
RECOMMENDATION:
Staff racommends approval of the two (2) proposed agreements with Bell South in the
amount of $51,110.60 with funding to come from account 001-2113-521-41.10.
RAB:ags
File:allen/Radio
Doc: T1 f¢x' Radios
CITY DF DELRri¥ BEI:I£H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
AIl. Ame~a 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 29, 2000
Amanda Solomon, Teleco~._mmunications Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Agreements with Bellsouth
The attached agreements are legally sufficient as to form.
Please call if you have any questions.
CITY OF DELRAY BEACH
LETTER OF ELECTION
The undersigned Subscriber requests BellSouth Telecommunications, Inc. (Company")
provide MegaLinkR service (ML) at the DELRAY BEACH MAIN central office and
Subscriber's location at 300 W ATLANTIC AV., DELRAY BEACH and at the DELRAY
BEACH MAIN central office and the Subscribers location at 2101 S CONGRESS AV.,
DELRAY BEACH.
Important tariff provisions relating to ML are set forth herein:
The Company will furnish, install, maintain and provide maintenance of channel services for
ML in accordance with the Company's lawfully filed tariffs. The tariffs provide the basis for
this'Agreement with the Subscriber. The Agreement period shall begin the day ML is
installed.
The Subscriber agrees to pay the Company for the provision of ML ("Service"). The Service
shall be offered for variable rate periods with rates based on lengths of 36 months (payment
periods may be selected fi.om 24 months to 48 months at 36 month rates), 60 months
(payment periods may be selected fi'om 49 months to 72 months at 60 months rates), or 84
months (payment periods may be selected fi'om 73 months to 96 months at the 84 month
rates). This monthly rate will continue for the elected service period and will not be subject to
Company initiated change during such period. The monthly rates for facility mileage, basic
system capacity and feature activation in effect at the time the Service is installed and/or as of
the service order application date will be in effect until the expiration of the service period
chosen by the Subscriber. Other rates applicable to other services provided by the Company,
including but not limited to, individual exchange network access and private line channel
services, that are connected to ML, may be increased during this period.
Recognition of previous service will be given to the Subscriber who renews an existing
contract arrangement, for the same or larger system(s) and all associated rate elements at the
same location(s), provided that the length of the new contract arrangement is a minimum 24
month service period or equals/exceeds the remaining service period of the original contract
arrangement, whichever is greater.
Recognition of previous service will be given to the month-to-month Subscriber with a
service date of January 1, 1994 or later who converts to a contract arrangement, provided the
minimum service period has been met. For the Subscriber whose service date is January 1,
1994 or earlier, recognition will be given for the previous service back to January I, 1994.
For the Subscriber whose service date is later than January 1, 1994, recognition for the
previous service will be given back to the actual service date.
PRiVATE/PROPRIETARY LOCK
Contains private and/or proprieta~ information. May not be used or disclosed outside of BellSouth companies
except pursuant to a wrilten agreement. Must be stored in locked files when not in use.
Page I
CITY OF DELRAY BEACH
5. The service period for this Agreement shall be~G~ months. This Agreement period includes _
0 months for recognition of previous service. The recurring and nonrecurring charges for
items under this Agreement are attached as Quote Number BBS001002172528.
6. In the event that any item of the Service is terminated prior to the expiration of the service
period, the Subscriber shall pay a termination liability charge as specified in the tariff. In
Florida, Georgia, and South Carolina, moves of service that meet all criteria as stated in B2.4
of the Private Line Services Tariff shall not be subject to Termination Liability.
At the expiration of the service period, the Subscriber may continue the Service according to
renewal options provided under the tariff. If the Subscriber does not elect an additional
service period, or does not request discontinuance of service, then the above Service will be
continued at the monthly rate currently in effect for month-to-month rates. Service periods
may also be renewed prior to expiration in accordance with regulations and rates then in
effect.
8. Suspension of service is not permitted for ML Service.
9. The Subscriber agrees to pay any added costs incurred by the Company due to a Subscriber
initiated change in the location of the ML prior to the time it is placed in service.
10. In the event the Service requested by the Subscriber is canceled prior to the establishment of
Service, but after the date of ordering reflected herein, the Subscriber is required to reimburse
the Company for all expenses incurred in handling the request before the notice of
cancellation is received. Such charge however, is not to exceed the sum of all charges which
would apply if the work involved in complying with the request had been completed.
11. Equipment may be transferred to another Subscriber at the same location upon written
concurrence of the Company. The new Subscriber to whom the Service is transferred will be
subject to all tariffprovisions and equipment configurations currently in effect for the present
Subscriber.
12. This Agreement is effective when executed by the subscriber and accepted by the company,
and is subject to and controlled by the provisions of the Company's lawfully filed tariffs,
including any changes therein as may be made from time to time.
Customer Name
Signature Date
Printed Name Title
PRIVATE/PROPRIETARY LOCK
Contains private and/or proprietary information. May not be used or disclosed outside of BellSouth companies
except pursuant to a written agreement. Must be stored in locked files when not in use.
Page 2
CITY OF DELRAY BEACH
Signature
Printed Name
BELLSOUTH TELECOMMUNICATIONS, INC
Date
Title
PRIVATE/PROPRiETARY LOCK
Contains private and/or proprietary information. May not be used or disclosed outside of BellSouth companies
except pursuant to a written agreement. Must be stored in locked files when not in use.
P~e3
Salesperson Detail Report
Quote Number: BBS001002172528
Prepared By: Cathy Graveline
Customer: City of Delray Beach
Subject: MegaLink (FL)
QTY USOC Installation Monthly
MegaLink (FL) - 1 Circuit
Option: MegaLink (Point to Point or with Other Services)
Clear Channel Capability - Extended Superframe
Service Establishment Charge
Circuit Location #1
Termination: 561/272 (0.5152 miles)
Central Office: DLBHFLM.427E- RBOC BELLSOUTH TELECOMM INC-FL
Digital Local Channel
Payment Term: 24 to 48 Months
First 1/2 Mile
Additional 1/2 Mile
Premises Visit Charge
Circuit Location #2
Termination: 561/272 (2.2726 miles)
Central Office: DLBHFLM.427E- RBOC BELLSOUTH TELECOMM INC-FL
Digital Local Channel
Payment Term: 24 to 48 Months
First 1/2 Mile 1
Additional 1/2 Mile 4
Premises Visit Charge 1
*Rates quoted for this product are based on the Private Line tariff section
B7.1.
1 CCOEF $0.00 $0.00
! MGLSE $575.00 $0.00
1 1LDPZ $350.00 $95.05
I 1LDPA $0.00 $43.00
1 MGLPV $40.00 $0.00
1LDPZ $350.00 $95.05
ILDPA $0.00 $172.00
MGLPV $40.00 $0.00
Totals $1,355.00 $405.10
MegaLink (FL) - 1 Circuit
CKL # I City of Delray Beach
300 W Atlantic Av
Deb-ay Beach, FL 33444
Prag~ed By Cathy Gravellne (954) 351-3961
Quote Number BBS001002172528
This Quot~ is valid 30 days from last i~vlsion date, 11/20'2000
The informa{ion contained in this propesa, is proprietary to BerlSouth and is offered solely for the puq~ose ( BE&LSOUTH*
of evaluation. It may not be dlsctosed to third parties without prior wffiten permission from BelrSouth. This
quote is subject to the availability of the services set forth above.
:pert Page: I Printed: '11/2012000
Salesperson Detail Report
Quote Number: BBS001002172528
Prepared By: Cathy Graveline
Customer: City of Delray Beach
Subject: MegaLink (FL)
CKL# 2
Congr~
2101 S Congress Av
Delray Beach, FL 33445
contained in this pmposar is propdeta~ to BellSouth and is offered solely for the purpose (~ BELLSOUTH=
Page: Printed: 1 t/2012000
LETTER OF ELECTION
CITY OF DELRAY BEACH
The undersigned Subscriber requests BellSouth Telecommunications, Inc. (Company")
provide MegaLinkR service (ML) at the DELRAY BEACH MAIN central office and
Subscriber's location at 300 W ATLANTIC AV, DELRAY BEACH and at the WEST PALM
BEACH GREENACRES central office and the Subscribers location at 7800 FOREST ItILL
BLVD.~ WEST PALM BEACH.
Important tariff provisions relating to ML are set forth herein:
The Company will furnish, install, maintain and provide maintenance of channel services for
ML in accordance with the Company's lawfully filed tariffs. The tariffs provide the basis for
this Agreement with the Subscriber. The Agreement period shall begin the day ML is
installed.
The Subscriber agrees to pay the Company for the provision of ML ("Service"). The Service
shall be offered for variable rate periods with rates based on lengths of 36 months (.payment
periods may be selected fi.om 24 months to 48 months at 36 month rates), 60 months
(payment periods may be selected from 49 months to 72 months at 60 months rates), or 84
months (payment periods may be selected from 73 months to 96 months at the 84 month
rates). This monthly rate will continue for the elected service period and will not be subject to
Company initiated change during such period. The monthly rates for facility mileage, basic
system capacity and feature activation in effect at the time the Service is installed and/or as of
the service order application date will be in effect until the expiration of the service period
chosen by the Subscriber. Other rates applicable to other services provided by the Company,
including but not limited to, individual exchange network access and private line channel
services, that are connected to ML, may be increased during this period.
Recognition of previous service will be given to the Subscriber who renews an existing
contract arrangement, for the same or larger system(s) and all associated rate elements at the
same location(s), provided that the length of the new contract arrangement is a minimum 24
month service period or equals/exceeds the remaining service period of the original contract
arrangement, whichever is greater.
Recognition of previous service will be given to the month-to-month Subscriber with a
service date of January 1, 1994 or later who converts to a contract arrangement, provided the
minimum service period has been met. For the Subscriber whose service date is January 1,
1994 or earlier, recognition will be given for the previous service back to January 1, 1994.
For the Subscriber whose service date is later than January 1, 1994, recognition for the
previous service will be given back to the actual service date.
PRIVATE/PROPRIETARY LOCK
Contains private and/or proprietary information. May not be used or disclosed outside of BellSouth companies
except pursuant to a written agreement. Must be stored in locked files when not in use.
Page 1
CITY OF DELRAY BEACH
5. The service period for this Agreement shall be ~t~ months. This Agreement period includes _
~ months for recognition of previous service. The recurring and nonrecurring charges for
items under this Agreement are attached as Quote Number BBS001002172223.
6. In the event that any item of the Service is terminated prior to the expiration of the service
period, the Subscriber shall pay a termination liability charge as specified in the tariff. In
Florida, Georgia, and South Carolina, moves of service that meet all criteria as stated in B2.4
of the Private Line Services Tariffshall not be subject to Termination Liability.
At the expiration of the service period, the Subscriber may continue the Service according to
renewal options provided under the tariff. If the Subscriber does not elect an additional
service period, or does not request discontinuance of service, then the above Service will be
continued at the month!y rate currently in effect for month-to-month rates. Service periods
may also be renewed prior to expiration in accordance with regulations and rates then in
effect.
8. Suspension of service is not permitted for ML Service.
9. The Subscriber agrees to pay any added costs incurred by the Company due to a Subscriber
initiated change in the location of the ML prior to the time it is placed in service.
10. In the event the Service requested by the Subscriber is canceled prior to the establishment of
Service, but after the date of ordering reflected herein, the Subscriber is required to reimburse
the Company for all expenses incurred in handling the request before the notice of
cancellation is received. Such charge however, is not to exceed the sum of all charges which
would apply if the work involved in complying with the request had been completed.
11. Equipment may be transferred to another Subscriber at the same location upon written
concurrence of the Company. The new Subscriber to whom the Service is transferred will be
subject to all tariffprovisions and equipment configurations currently in effect for the present
Subscriber.
12. This Agreement is effective when executed by the subscriber and accepted by the company,
and is subject to and controlled by the provisions of the Company's lawfully filed tariffs,
including any changes therein as may be made from time to time.
Customer Name
Signature Date
Printed Name Title
PRIVATE/PROPRIETARY LOCK
Contains private and/or proprietary information. May not be used or disclosed outside of BellSoulh companies
except pursuant to a written agreement. Must be stored in locked files when not in use.
Page 2
CITY OF DELRAY BEACH
Signature
Printed Name
BELLSOUTH TELECOMMUNICATIONS, INC
Date
Title
PRIVATEJPROPRIETARY LOCK
Contains private and/or proprietary information. May not be used or disclosed outside of BellSouth companies
except pursuant to a written agreement. Must be stored in locked files when not in use.
Page 3
Salesperson Detail Report
Quote Number: BBS001002172223
Prepared By: Cathy Graveline
Customer: City of Delray Beach
Subject: MegaLink (FL)
Description QTY USOC Installation Monthly
MegaLink (FL) - 4 Circuits
Option: MegaLinh (Point to Point or with Other Services)
Clear Channel Capability - Extended Superfxame
Service Establishment Charge
Circuit Location gl
Termination: 561/272 (0.5152 miles)
Central Office: DLBHFLM.427E- RBOC BELLSOUTH TELECOMM INC-FL
Digital Local Channel
Payment Term: 24 to 48 Months
First 1/2 Mile
Additional I/2 Mile
Premises Visit Charge
Circuit Location #2
Termination: 561/964 (3.0839 miles)
Central Office: WPBHFLGADSO - RBOC BELLSOUTH TELECOMM INC-FL
Digital Local Channel
Payment Term: 24 to 48 Months
First 1/2 Mile
Additional 1/2 Mile 24
Premises Visit Charge 1
I Interoffice Channel (11.18 miles)
WPBHFLGA (561/964) to DLBHFLMA (561/272) (11.18 miles)
Fixed Charge 4 1LNO2
Charge per Mile 48 1LNOB
*Rates quoted for this product are based on the Private Line tariff section
B7.1.
4 CCOEF $0.00 $0.00
4 MGLSE $2,300.00 $0.00
4 1LD?Z $1,400.00 $380.20
4 1LDPA $0.00 $172.00
1 MGLPV $40.00 $0.00
4 1LDPZ $1,400.00 $380.20
ILDPA $0.00 $1,032.00
MGLPV $40.00 $0.00
$400.00 $239.00
$0.00 $1,072.80
Totals $5,580.00 $3,276.20
MegaLink (FL) - 4 Circuits
The information contained in this proposaHs proprietary to BellSoufl~ and is offered solely for the purpose BELLSOUTI-I
Created by QuoteExpert Page: I Printed: 11/20/2000
'Salesperson Detail Report
Quote Number: BBS001002172223
Prepared By:
Customer:
Subject:
CKL# t
Cathy Graveline
City of Delray Beach
MegaLink (FL)
City Beach
CKL# 2
300 W Atlantic Av
Delray Beach, FL 33444
Forest Hill Blvd
7800 Forest Hill Blvd
West Palm Beach, FL 33413
Prepared By Cathy Graveltne (954) 351-3961
Quot~ Number BBS001002172223
contained in this proposal is propdeta~ to BellSouth and is offered solely for the purpose ~ BELLSOUTH'
Page: 2 Pdnted: 11/2012000
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~. O. - REGULAR MEETING OF DECEMBER 5, 2000
FINAL PLAT APPROVAL/JENNINGS SUBDMSION
NOVEMBER 29, 2000
This is before the City Commission to approve the final subdivision plat for Jennings Subdivision, a
proposed two lot commercial subdivision to be located on the west side of North Federal Highway,
approximately 315 feet south of Gulfstream Boulevard. It is a replat of Lot 18, Delxay Beach Estates.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Jennmgs Subdivision.
ReEAgmemol0.Final Plat.Jennings Subdivision
Agenda Item No..~.O.
AGE~DAREQ~ST
Date: Nov. 21, 2000
Request to be placed on:
X Regular Agenda
Special Agenda
'Workshop Agenda When: Dec. 5, 2000
Description of item {who, what, where, how much):Approval of the
Subdivision Plat for Jennings Subdivision. Staff comments have been
addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the Subdivision
Jennings Subdivision. /w-~ ,, ~ ~,~
Department head signature:~~C . ,),~_~.~
Determination of Consistency with Comprehensive Plan:
Plat for
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on
funds):
Funding available: YES/NO
Funding alternatives
Account No. & Description
Account Balance
all items involving expenditure
(if applicable)
City Manager Review:
Approved for agenda: ~/NO~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
of
cc:
tac-Jennings Commercial
file:s/engadmin/tac/ Jennings Commercial /agl20500.doc
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
Barron E. Caronite, PE, Assistant City Enginee~
November21,2000
Jennings Subdivision Plat
Please find an agenda request for Commission approval of the plat for Jennings
Subdivision attached. The property is being subdivided to create two commercial
parcels. I have enclosed a location map and a reduced copy of the plat. If this meets
with your approval, please place it on the December 5, 2000 COmmission meeting for
Commission approval.
Encl.
File:
cc:
TAC:
S:lengadmin/tacljennings commercial/agmemo120500.doc
Randall Krejcarek, P.E., City Engineer
Paul Dorling, Planning/Zoning
Jennings Commercial
_F STREAM BOULEVARD
GULF STREAM DRIVE
LANE
SITE
TANGERINE WAY
CANARY WALK
AVENUE AU SOLEIL
N.E, 21 ST ST,
L~
N.E. 2OTH ST,
ROYAL PALM BLVD,
I[-~1 ~ CITY of DELRAY BEACH LOCATION MAP
lit II 211 ~ Eea~ew~ec~n~T II JENNINGS SUBDIVISION
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~f~
AGENDA ITEM ~- ~ . - REGULAR MEETING OF DECEMBER 5, 2000
FINAL PLAT APPROVAL/OCEAN HAMMOCK
NOVEMBER 29, 2000
This is before the City cormmssion to approve the final subdivision plat for Ocean Hammock, a
proposed ten (10) lot townhouse development to be located at the southwest comer of State Road
A1A and Pelican Lane. It is a replat of Lots 9, 10, 11, 12, Lot B and a portion of Lot A, Blue Seas
subdivision.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Ocean Hammock.
RefiAgmemol 0.Final Plat. Ocean Hammock
Agenda Item No. ~-~.
Request to be placed on:
Regular Agenda
Special Agenda
Workshop Agenda
AGF/~DABEQUEST
Date: Nov. 21, 2000
When: Dec. 5, 2000
Description of item (who, what, where, how much):Approval of the
Subdivision Plat for Ocean Hammock. Staff comments have been addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/N__O
Recommendation: Staff recommends approval of the Subdivision
Ocean Hammock. ~ ~
Department head signature: ~ i;~-uO
Plat for
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on~al~ ~tems involving expenditure
funds):
Funding available: YES/NO
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
of
cc: tac- Ocean Hammock
file:s/engadmin/tac/ Ocean Hammock /agl20500.doc
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
Barron E. Caronite, PE, Assistant City Engineer~~~-
November 21, 2000
Ocean Hammock Subdivision Plat
Please find an agenda request for Commission approval of the subdivision plat for
Ocean Hammock attached. The property is being subdivided to create ten townhome
lots. I have enclosed a location map and a reduced copy of the plat. If this meets with
your approval, please place it on the December 5, 2000 Commission meeting for
Commission approval, ~
Encl.
File:
TAC:
S:/engadminltaclocean hammock/agmemo120500.doc
Randall Krejcarek, P.E., City Engineer
Paul Dorling, Planning/Zoning
Ocean Hammock
~~ ~~~ ~ ///
~1 ~ Cl. of DELRAY BEACH LOCATION MAP
OCEAN HAMMOCK
E~~ ~8 ~P~ Pro,ct No. 2000-200 1 of 1
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~:'. F. - REGULAR MEETING OF DECEMBER 5. 2000
FINAL PLAT APPROVAL/STONE STATION FLORIDA. INC.
NOVEMBER 29, 2000
This is before the City Commission to approve the final subdivision plat for Stone Station Florida,
Inc., a proposed two lot cormnercial subdivision to be located on the west side of S.W. 14th Avenue
between S.W. 7e' and 8~ Streets. It is a replat of several lots within Block 3, Replat of Delray Beach
Heights Extension, Section "A" & "B", together with a portion of the northwest quarter of Section
20-46-43.
All technical and staff comments have been addressed and the plat is ready for approval.
Reconunend approval of the final subdivision plat for Stone Station Florida, Inc.
RefiAgmemol0.Final Plat. Stone Station Florida
Agenda Item No. ~.~.
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
AGENDA REQUEST
Date: Nov. 21, 2000
When: Dec. 5, 2000
Description of item (who, what, where, how much):Approval of the
Subdivision Plat for Stone Station Florida. Staff comments have been
addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/N__O DRAFT ATTACHED YES/NO
Recommendation: Staff recomme__nds approval of the Subdivision Plat
Stone Station Florida. ~~~ ~~
Department head signature: ~7-O~
Determination of Consistency with Comprehensive Plan:
for
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on
funds):
Funding available: YES/NO
Funding alternatives
Account No. & Description
Account Balance
all items involving expenditure
(if applicable)
City Manager Review: ~
Approved for agenda: ~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
of
CC: tac-Stone Station
file:s/engadmin/tac/ stone station /agl20500.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
David T. Harden, City Manager
Barron E. Caronite, PE, Assistant City Engineer'~''/
November 21, 2000
SUBJECT: Stone Station Florida Subdivision Plat
Please find an agenda request for Commission approval of the plat for Stone Station
Florida Subdivision attached. The property is being subdivided to create two
commercial parcels. I have enclosed a location map and a reduced copy of the plat. If
this meets with your approval, please place'it °n"~he December 5, 2000 Commission
meeting for Commission approval.
Encl.
File:
TAC:
S:/engad min/tac/stone station/agmemo120500.doc
Randall Krejcarek, P.E., City Engineer
Paul Dorling, Planning/Zoning
Stone Station
S.W, 7TH ST.
S.W. 7TH
lOTH
ST.
CT.
ST.
MILFRED STREET
CITY of DELRAY BEACH
ENVI:K3NMI~TAL EIERVICE8 DEPARTMENT
ZEDER AVE.
BOULEVARD
LOCATION MAP
STONE STATION FLORIDA
Project No, 2000-200
DOUGLASS
BENJA
II OATE:I 1/20/0(
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~' - REGULAR MI~.I~.TING OF DECEMBER 5, 2000
SERVICE AUTHORIZATION #6/MATHEWS CONSULTING, INC.
(INTRACOASTAL FORCE MAIN CROSSING)
NOVEMBER 29, 2000
This is before the City Commission to approve Service Authorization #6 in the amount of $19,945.00
with Mathews Consulting, Inc. for professional engineering services related to the Intracoastal Force
Main Crossing project. The scope of the service authorization includes surveying, final design,
permitting and bidding services for the installation of a new 16 inch force main crossing the
Intracoastal Waterway between N.E. lst Street and Lowry Street.
The City owns an existing 16 inch subaqueous force mare in the same general vicinity. It was
constructed in 1972 and carries wastewater from the barrier island to the master booster pump
station. The new crossing will serve as the primary force main for the barrier island while the existing
main will be rehabilitated and used as a backup in case of an emergency. It will also be used in the
future for reclaimed water.
Funding is available from 441-5181-536-63.74 (Water & Sewer/Intracoastal Sewer Crossing).
Recommend approval of Serv/ce Authorization #6 with Mathews Consulting, Inc. for the Intracoastal
Force Mare Crossing project.
RefiAgmemol6.ServiceAuth.#6.Mathews Consulting. ICW Sewer Crossing
AGENDA REQUEST
No.
Request to be placed on:
X Regular Agenda
Special Agenda
__ Workshop Agenda
Agenda Item
Date: November 27, 2000
When: December 5, 2000
Description of item (who, what, where, how much): Staff requests Commission approval of Service
Authorization No. 6 to Mathews Consulting, Inc. for professional engineering services related to the
subject project. Services include surveying, engineering design and permitting for a new 16" force main
crossing the Intracoastal Waterway at N.E. 1st St. and Lowery St.. The plans will be designed to utilize
directional boring construction techniques. This crossing will serve as our Primar~ force main for the
barrier island while the existing 16" force main will be rehabilitated and used as a redundant back up. The
design will also incorporate the ability to convert the existing line for re-use water while maintaining it as
a back-up to the proposed force main. Total amount of Service Authorization No. 6 is $19,945.00 and
funding is available from Account # 442~5181-536-63.74, lntmcoastal Sewer Crossing.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFr ATTACHED YES/NO
Recommendation: Staffrecommends approval of Service Authorization No. 6 for Mathews Consulting, ln¢
in the amount of $19,945.00.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (reNd on all items involving expenditure of funds):
Funding available: ~,S/NO
Funding alternatives
(if applicable)
Account No. & Description //~/,
- 0 ' ' U
CiW Mmager Review:
~oP~°Vd~l[°r agenda: (~/NO ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
SAEngAdmin~Projects~2001X2001-014\OFFICIAL~AgendaReq. 12500.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, P.E.
Deputy Director of Public~/~~
November 27, 2000
16" Intracoastal Force Main Crossing
Project Number 2001-014
Attached is an Agenda Request for Service Authorization No. 6 to Mathews Consulting, Inc. for
professional engineering services related to the subject project. Services include surveying,
engineering design and permitting for a new 16" force main crossing the Intracoastal Waterway at
N.E. 1st St. and Lowery St.. The plans will be designed to utilize directional boring construction
techniques. This crossing will serve as our primary force main for the barrier island while the
existing 16" force main will be rehabilitated and used as a redundant back up. The design will also
incorporate the ability to convert the existing line for re-use water while maintaining it as a back-
up to the proposed force main. The total amount of Service Authorization No. 6 is $19,945.00 and
funding is available from Account # 441-5181-536.63-74, Intracoastal Sewer Crossing (budget
transfer is attached).
Funding for the entire project including design and construction was originally intended to be
transferred from FY 1999/2000 5181 project reserves. The transfer was not executed prior to the
end of the fiscal year and the project reserve funds were dispersed in the budget. There are
currently sufficient funds in project reserve for the engineering design, however a mid-year budget
adjustment will be required to provide adequate funding for construction. The mid year timetable
should coincide with the award date of construction.
Please place this item on the December 5, 2000 Agenda for consideration by City Commission.
CCi
Richard C. Hasko, P.E., Director of Environmental Services
Randal Krejcarek, P.E., City Engineer
Howard Wight, Deputy Director of Construction
City Clerk
Agenda File
S:\EngAdminXProjectsk2001 ~001-014\OFFICIAL~agenda memo.doc
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO.
6
FOR CONSULTING SERVICES
CITY P.O. NO.
CITY EXPENSE CODE:
CITY PROJECT NO. 2000-014 MATHEWS CONSULT. PROJECT NO.
TITLE: Barrier Island 16-inch Force Main Subaqucous Crossing
1094
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of thc Contract. .'
TITLE: Agreement for General Consulting Engineering Services
I. PROJECT DESCRIPTION
The City owns an existing 16oinch subaqueous force main that crosses the Intracoastal
Waterway between Lowry Street and N.E. 1s~ Street. This force main was constructed in
1972 and conveys wastewater from the Barrier Island to the City's In-line Master Booster
Pump Station. This project consists of the installation of a new 16-inch force main using
directional boring methods. The new 16-inch force main will serve as a redundant back-
up for the existing 16-inch force main in case of an emergency and can also be used in
the future for reclaimed water.
The scope of this Service Authorization includes providing surveying services, final
design, permitting and bidding services for the work described above for the Barrier
Island 16-inch Force Main Subaqueous Crossing.
II.
SCOPE OF SERVICES
Phase I - Study and Report Phase
Not Applicable.
Phase II - Preliminary. Design Phase
Not Applicable.
directionalborecontract I 1/17/00 I MATHEWS CONSULTING
Phase III ~ Final DesiRn Phase
Consultant shall provide final design phase services in accordance with Article III.C of
the Agreement for Engineering Services with the City, dated June 2, 1999.
Consultant shall prepare construction drawings which shall include: cover sheet,
general notes, plan/profile drawings, and detail sheets conforming to the
requirements of the current City of Delray Beach Minimum Construction
Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile.
Consultant shall prepare the engineering design elements on topographic survey
informati ;o? prepared by Consultant's surveyor using AutoCAD Release 2000
format.
The design shall follow the requirements of the U.S. Army Corps of Engineers for
"Subaqueous Utility and Transmission Lines in Florida ", and requirements for
directional boring methods. . ·
Note: Consultant assumes that existing soil boring information and depth of
sheeting for existing seawall can be taken from As-Built drawings of the Atlantic
Avenue Bridge. This scope of work does not provide for any geotechnical work or
exploratory drilling to determine depth of sheeting for seawall. If during the design
phase it is determined that Consultant cannot use existing data, than this work shall
be billed under additional services.
Contract documents consisting of "front-end" documents and technical
specifications shall conform to City of Delray Beach Standards.
Drawings and specifications (four copies) shall be submitted for City review at
50% and 90% stages. Consultant shall meet with the City to discuss comments,
and incorporate comments into final documents. At the 50%, 90% and 100%
stages, Consultant shall prepare a detailed opinion of probable construction cost
based upon the completed final design drawings and specifications approved by
the City. The cost opinion shall reflect changes in general scope, extent or
character of design requirements incorporated during the various design review
stages.
Consultant shall furnish with the 100% design drawings, one (1) set of AutoCAD
(Version 2000 or current City version) files in electronic format on CD.
Phase
IV - Bidding/Negotiation Phase
Consultant shall assist City in advertising for and obtaining bids or negotiating
proposals for construction (including materials, equipment and labor). It is
directionalborecontract I I / 17/00 2 ' MATHEWS CONSULTING
anticipated that work shall be awarded under a single construction contract.
Consultant shall provide one (1) master set of bidding documents to the City to
make copies and issue bid package. The City shall receive and process deposits
for bidding documents and shall maintain a record of prospective bidders to
whom bidding documents have been issued.
Consultant shall attend pre-bid conference and provide a written summary of
issues discussed.
Consultant shall issue addenda and shall provide supplemental information or
clarification, as appropriate, to interpret, clarify, or expand the bidding documents
to all prospective bidders during the bid period.
Consultan~ shall attend the bid opening, prepare bid tabulation sheets and assist
City in evaluating bids and proposals, and in assembling and awarding contract
for construction. Consultant shall submit to City a written recommendation
concerning contract award.
Phase V - Construction Administration Phase
Upon completion of the final design phase, the Consultant shall submit Addendum No. 1
to this service authorization for 'approval of fees for construction phase services to be
provided in accordance with Section III-E of the Agreement with the City.
Other - Survey
Consultant shall furnish the services of a professional surveyor to provide surveying
services consisting of field topography and horizontal locations referenced by baseline
stationing. The area to be surveyed is defined as follows:
· N.E. 1st Avenue: from seawall on the west side of the Intracoastal Waterway to a
distance of 300 feet to the west. This shall include L.S. 100A.
· Lowry Street: from seawall on the east side of the Intracoastal Waterway to a
distance of 300 feet to the east.
The Intracoastal Waterway will not be surveyed. Consultant assumes existing cross-
section information from the 36-inch outfall pipe, located approximately 500 feet
south of our project area can be used to represent the 16-inch force main crossing
profile.
directionalbor¢contract I 1 / 17/00 3 MATHEWS CONSULTING
All existing facilities and utilities within the full right-of-way of the established
construction limits will be referenced by baseline station with an offset distance (left or
right) from baseline for the project and will include the following:
Topography survey at 50-foot intervals and at major ground elevation changes to
depict existing ground profile at proposed project area. This shall be
accomplished by creating a baseline in the field to collect pertinent data which
shall include the following:
Location of all visible fixed improvements within the right-of-way of the
project limits, including physical objects, seawall, roadway pavement,
driveways, sidewalks, curb, trees, signs, fences, power poles, buildings,
and other encumbrances, including point of curvature and point of
tangency.
bo
Location of all known above and below ground existing utilities: FP&L,
BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP,
valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and
valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, tim
elevations, laterals, and clean-outs), Storm Sewers (pipe diameter,
manhole inverts and direction, catch basins, and tim/grate elevations), and
all other accessible structures.
This will include coordination with Sunshine and City of Delray Beach.
Underground piping shall be pot-holed by City in a timely fashion.
Identify platted fights-of-way (including beating and distances for
centerline), lot numbers, house address, ownership lines, block numbers
and dedicated easements.
Elevations shall be indicated every 50 feet, at a minimum, to indicate
centerline grades, edge of pavement grades and shoulder grades, low
points and all tight-of-way lines.
Provide and reference benchmarks. Elevations to be referenced to an
existing established City or County Benchmark.
The above topographical survey data will be prepared in AutoCAD (Version
2000) format at a scale of 1"=20', as one continuous file. The City of Delray
Beach standard layering system shall be followed. The CAD drawing shall also
include:
· Location of utility pot holing.
directionalborecontract I I / 17/00 4 MATHEWS CONSULTING
Other - Permitting
At the outset of the Design Phase, the Consultant shall meet with the appropriate
permitting agencies to determine potential permitting requirements. Agencies anticipated
to have jurisdiction over the project include, Palm Beach County Health Department
(PBCHD), Army Corps of Engineers (ACOE), and City of Delray Beach.
Permit applications shall be completed for PBCHD (Application to Construct Domestic
Wastewater Collection/Transmission Systems - long.form) and ACOE (Environmental
Resource PermiO. Associated permit application fees shall be determined by Consultant
and paid by City.
In addition to ~aring the permit applications, Consultant shall assist the City in
consultations with the appropriate regulatory agencies. Consultation services shall
include the following:
· Attend up to one (1) pre-application meeting with the staff of each of the
regulatory agencies.
· Attend up to two (2) meeting with each of the regulatory agencies during
review of the final permit applications.
· Respond to request~)-f-oi' additional information from each agency.
ADDITIONAL SERVICES
Consultant shall provide additional engineering services pertaining to the provision of sanitary
improvements to the project area that are not covered under this Service Authorization. These
additional services may be required due to uncertainties discovered during survey, soils,
investigations, field verification of existing facilities and conditions, and potential property or
easement acquisitions.
Services performed under this task will be on as-directed basis in accordance with a written
Notice-to-Proceed from the City Manager. The Notice-to-Proceed ~hall contain the following
information and requirements:
· A detailed description of the work to be undertaken.
· A budget establishing the amount of the fee to be paid in accordance with the
Agreement.
· A time established for completion of the work.
directionalborecontract I 1 / 17/00 5 MATHEWS CONSULTING
IlL TIME OF PERFORMANCE
The completion dates for this work will be as follows (starting at written Notice-to-Proceed).
Engineering Services Time per Phase Cumulative Time
Survey 7 weeks 7 weeks
Phase III-Final Design 6 weeks 13 weeks
Permitting 6 weeks 19 weeks
Phase IV-Bidding 6 weeks 19 weeks
Note: Permitting and Bidding will coincide at the same time.
IV. COMPENSATION
The compensation for services shall be billed on an hourly basis plus reimbursable expenses for
each phase of work in accordance with Article VII, Method II, up to the following not to exceed
cost for each phase.
Engineering Services
Estimated Fees
Phase III - Final Design Phase
Phase IV - Bidding Phase
Survey
Permitting
Out-of-Pocket Expenses
Additional Services
$ 11,110.00
$ 1,790.00
$ 3,200.00
$ 3,345.00
$ 500.00m
$ 10,000.00
TOTAL PROJECT COST
$ 19,945.00(a)
Notes:.
(I)Out-of-Pocket Expenses include the following: printing/reproduction and postage.
(1)Total project cost does not include the $10, O00 for ~4dditional Services (if authorized by the City).
directionalborecontract I 1 / 17/00 6 MATHEWS CONSULTING
This Service Authorization is approved contingent upon the City's acceptance of and satisfaction
of the completion of the services rendered in the previous phase whereas 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 and Service
Authorization approved by the City to be included as part of the contract without any further
notice to proceed.
Approve by:
CITY OF DELRAY BEACH:
Date:
David W. Schmidt, Mayor
MATHEWS CONSULTING, INC.
Witness' ' '
Attest:
Approved as to Legal Sufficiency
and Form
"~ ,,,~ E~res February 28, 2004
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was
acknt3vledged before me thisj~n-~ay
of ~_~, 2000 by David Mathews,
Vice President of Mathews
Consulting, Inc., a Florida
corporation, on behalf of the
copulation. He/She
'~]cSaown to-~'~em 3 or (has produced
identification), Florida Driver's
License
and (did/did not) take an oath.
signature of~erson taking
acknowledgement
directionalborecontractl 1/17/00 7 MATHEWS CONSULTING
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David Harden, City Manager
Kenneth L. Thomas, Community Development Coordinator
Lula Butler, Community Improvement Director U~
November 29, 2000
Delray Beach Renaissance Program Subsidy Request
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue a subsidy to three (3) eligible applicants
under the Delray Beach Renaissance Program. These subsidies represent the 112t~, 113th and
114th homeownership assistance grants provided under the City Renaissance Program to date.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved by the
City Commission on January 23, 1996. In partnership with the Delray Beach Community
Development Corporation, the TED Center, the Community Redevelopment Agency, the
Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray
Beach Housing Authority, we are committed to providing homeownership opportunities to 80
homebuyers through new construction and acquisition rehab beginning October 1, 1995 through
September 30, 1998. An agreement to extend the program for one additional year was approved
by all partners and the City Commission. On June 15, 1999, the City Commission approved a
new Memorandum of Understanding operating the Renaissance Program from March 1999 to
February 2001.
Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Program's parmer and first mortgage
lender. The seminar includes training and information on financial planning, credit and
borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive
glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and
requires the applicant to maintain ownership/residence for a specified period according to the
amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per
year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less
than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years.
RECOMMENDATIONS
Staff is recommending City Commission approval to fund a subsidy for three (3) eligible
applicants of the following properties: (New Construction) XXX SW 6t~ Avenue - $17,000.00
(New Construction)
(New Construction)
12-43-46-16-01-022-0220
XXX SW 11th Avenue - $16,200.00
12-43-46-17-23-010-0070
217 SW 6t~ Avenue - $22,500.00
12-43 -46-16-01-023-0170
Agenda Item No.: ~'./4.
AGENDA REQUEST
Request to be placed on:
__ Regular Agenda
Special Agenda
__ Workshop Agenda
xxxxx Consent Agenda
Date: November 29, 2000
When: December 5, 2000
Description of item:
Authorization and approval to issue a subsidy to three (3) eligible applicants under the
Delray Beach Renaissance Program totaling $55,700.00.
Note: Henrietta Harmon ($17,000.00) represents the 112t~ homeownership
assistance grant provided under the Renaissance Program to date.
Note: Michael Thomas ($16,200.00) represents the 113th homeownership
assistance grant provided under the Renaissance Program to date.
Note: Deborah Wilson ($22,500.00) represents the 114th homeownership
assistance grant provided under the Renaissance Program to date.
Recommendation:
Staff recommends approval of three (3) subsidy awards.
the State Housing Initiatives Partnership (SHIP) Program.
Funds are to be awarded from
.SHIP Total: $55,700.00 Account Number: 118-1924-554.83-01
Department Head Signature: (_//1~ ~ ~~:~:~~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Aun Unding Available: ~qO
ding Altematives:'~-'~ , (if applicable)
ccountNo.&Description: ¢~le~Jq - ~Dn-~· ~.3-01 ,.-~t'~ll~2
ccount Balance:
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
CENSUS TRACT 67.00
NAME Henrietta Harmon
PROPERTY ADDRESS
LEGAL DESCRIPTION
OF BLK 22, PB 1, P3.
xxx SW 6th Avenue, Delray Beach
TOWN OF DELRAY S. 50 FT OF N. 150 FT OR W. 135 FT OF S. ½
% OF AREA MEDIAN HOUSEHOLD INCOME 55%
FIRST MORTGAGE
RATE 7.375%
LTV 85.47 %
PROJECT/SUBSIDY BREAKDOWN
COST OF CONSTRUCTION
COST OF LOT
COST OF EXISTING UNIT
Estimated Pre-paids (Lender 1003)
Estimated Closing Costs (Lender 1003)
TOTAL TRANSACTION:
FIRST MORTGAGE
TOTAL SUBSIDY ($17,000.00)
Second Mortgage
Developer's Fee $3,000.00
$71,900.00
$10,000.00
$ 1,610.00
$ 3,715.00
$87~225.00
$70,000.00
$14,000.00
THIRD MORTGAGE
OTHER CREDITS
$ 305.00
Estim~ed Cash To/FromBo~ower
(Lender l003)
$ 2,920.00
NO. IN HOUSEHOLD 2
(including rehabilitation costs)
Community Financing Consortium
City of Delray Beach SHIP
City of Delray Beach SHIP
Deposit
ATLANTIC
1ST
AV UE
2ND
POLICE
COMPLEX
ST.
4TH
COMMUNITY
CENTER
TENNIS
STADIUM
SOUTH
COUNTY
COURT
HOUSE
ST.
MERRI TT
PARK
ST.
N
CITY OF DELRAY BEACH, FL
PLANNING ~ ZONING DEPARTMENT
HARMON
2~3~6-16~1-022-0220
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
CENSUS TRACT 67.00
NAME Michael J. Thomas
PROPERTY ADDRESS xxx SW 11th Avenue, Delray Beach
LEGAL DESCRIPTION Lot 7, Block 10, ATLANTIC PARK GARDENS, PB 14, P 63.
% OF AREA MEDIAN HOUSEHOLD iNCOME 74%
FIRST MORTGAGE
RATE 8.50 %
LTV 87 %
NO. iN HOUSEHOLD 2
PROJECT/SUBSIDY BREAKDOV~N
COST OF CONSTRUCTION
COST OF LOT
COST OF EXISTiNG UNIT
Estimated Pre-paids (Lender 1003)
Estimated Closing Costs (Lender 1003)
TOTAL TRANSACTION:
FIRST MORTGAGE
TOTAL SUBSIDY ($16,200.00)
Second Mortgage
Developer's Fee $3.000.00
$79,560.00
$12,500.00
$ 1,575.00
$ 3,525.20
$97~160.20
$80,000.00
(including rehabilitation costs)
$13,200.00
Republic Security Bank
City of Delrav Beach SHIP
City of Delray Beach SHIP
Deposit
THIRD MORTGAGE
OTHER CREDITS
$ 100.00
Estimmed Cash To/FromBo~ower
(Lender 1003)
$ 3,860.20
ATLA
GA TEWA Y
MINI PARKS
TIC AVENUE
FULL SERVICE s.w. ~RD CT.
S.W. 4TH ST.
CT.
N
~ THOMAS
CITY OF O£LRA¥ BEACH, FL 12-43-46-17-23-010-0070
PLANNING & ZONING DEPARTMENT
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
CENSUS TRACT 68.02
NAME Deborah Wilson
PROPERTY ADDRESS 217 SW 6th Avenue, Delray Beach
LEGAL DESCRIPTION Lot 17, Block 23. TOWN OF DELRAY, PB 1, P 3.
% OF AREA MEDIAN HOUSEHOLD INCOME 39%
FIRST MORTGAGE
RATE 8.25 %
LTV 72 %
PROJECT/SUBSIDY BREAKDOWN
COST OF CONSTRUCTION
COST OF LOT
COST OF EXISTING UNIT
Estimated Pre-paids (Lender 1003)
Estimated Closing Costs (Lender 1003)
TOTAL TRANSACTION:
FIRST MORTGAGE
TOTAL SUBSIDY ($22,500.00)
Second Mortgage
Developer's Fee $3,000.00
$78,350.00
$ .00
$ 1,753.00
$ 1,599.50
$81~702.50
$59,000.00
$19,500.00
THIRD MORTGAGE
OTHER CREDITS
Estimated Cash To/From Borrower
(Lender 1003)
$ 3,202.50
NO. IN HOUSEHOLD 4
(Purchased 10/04/00 for $10,000)
(Including rehabilitation costs)
Northern Trust Bank of FL
City of Delra¥ Beach SHIP
CiW of Delrav Beach SHIP
Deposit
fl
ATLANTIC
S.W. 3RD CT.
FIRE
STATION
NO.
1ST
2ND
5rd
AVENUE
TENNIS
STADIUM
POLICE SOUTH
COMPLEX COUNTY
COURT
HOUSE
ST.
PARK
COMMUNITY
CENTER
ST,
4TH ST.
N
~ WILSON
CfTY OF OELRAY BEACH. FL 12-43-46-16-01-023-0170
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM ~' ..Z'.- REGULAR MEETING OF DECEMBER 5~ 2000
RESOLUTION NO. 98-00
NOVEMBER 29, 2000
This is a resolution assessing costs for abatement action required to remove nuisances on sixteen (16)
properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against
the properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 98-00.
Ref:Agmemo 15.Res98-00.NuisanceAbatement
RESOLUTION NO. 98-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELP, AY BEACH,
FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DBLRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON
CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELHAY BEACH AND PROVIDING
THAT A NOTICE OF LiEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH A~ATEMENT OF NUISANCES;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
WHEREAS, the City Manager or hie designated representative hms, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon
certain lots or parcels of land, described in the list attached hereto and made a part
hereof, for vlolatlon of the provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s) and has determined that a nuisance existed in
accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the attached list with
written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance(s) and sent notice that within
ten (10) days from the date of said notice forty-two (42) days in the case of violation
of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a
written request for a hearing to review the decision that a nuisance existed within ten
{10) days from the date of said notice, failing which the City of Delray Beach would
proceed to correct this condition by abating such nuisance, and that the cost thereof
would be levied as an assessment against said property; and,
WHEREAS, the property owner(s) named in the list attached hereto and made a
part hereof did fail and neglect to abate the nuisance(s) existing upon their
respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22
within the time limits prescribed in said notice and Chapter 100 of the Code of
Ordinances, or if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) within the time
designated at the hearing wherein a decision was rendered adverse to the property
owner(s); and,
WHEREAS, the City of Delray Beach, through the City A~ministration or such
agents or contractors hired by the City Administration was therefore required to and
did enter upon the land(e) described in the list attached and made a part hereof and
incurred costs in abating the subject nuisance(s) existing thereon as described in the
notice; and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission .'a report of the costs incurred in abating said nuisance(s) as
aforesaid, said report indicating the costs per parcel of land Involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance{s)
against said property owner(s),
NOW, THEREFORE, BE IT RBSOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances upon the lots or parcels of land described in said
report, a copy of which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the amount(s) indicated
thereon. Said assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Sec. 3, become a lien upon the respective lots and
parcel(s) of land described in said report, of the same nature and to the same extent
as the lien for general city taxes and shall be collectible in the same manner as
mortgagee and foreclosures are under state law.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immedlately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that the
City Commission of the City of Delray Beach on the has
levied an assessment against said property for the cost of abatement of said nuisance
by the City, and that said assessment is due and payable within thirty (30) days after
the mailing date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums. A Notice of Lien shall be
nailed, along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein shall become due and
payable thirty (30) days after the mailing date of the notice of said assessment(s),
after which a lien shall be placed on said property(s), and interest shall accrue at
the rate of eight (8) percent per annum plus, if collection proceedings are necessary,
the costs of such proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not been received by the City
Clerk within thirty (30) days after the mailing date of the notice of assessment, the
City Clerk is hereby directed to record a certified copy of this resolution in the
public records of Palm Beach County, Florida, and upon the date and time of recording
2
Res. No. 98-00
of the certified copy of this resolution a lien shall become effective on the subject
property which shall secure the cost of abatement, interest at the rate of 8%, and
collection costs including a reasonable attorney,s fee.
PASSED AND ADOPTED in regular session on this the _day of
· 2000.
MAYOR
ATTEST:
City Clerk
3
Res. No. 98-00
COST OF ABATING NUISANCES UNDER CHAPTER 1011
OF THE CODE OF ORDINANCF
PROPERTY DESCRIPTION
OWNER
ASSESSMENT
ATLANTIC GARDENS DELRAY, LOT 1, BLOCK 9,
PB 14, P 63, PUBLIC RECORDS OF PALM
BEACH, FL
VACANT LOT SW OF 11TH AVENUE)
ANNIE M. WATT &
MAGGIE L. WATT
336 SW 5TH AVENUE
DELRAY BEACH, FL 33444
$ 7&00
$ 70.00 ADM. FEE
'OWN OF DELRAY, LOT 17, BLOCK 23, PB 10, P 69
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
217 SW 6TH AVENUE)
BERTHA PRESTON
1001 WEST 3RD STREET
RIVIERA BEACH, FL
33404-7815
$ 50.95
$ 70.00 ADM.FEE
'OWN OF DELRAY, S 75 FT OF W 135.6 FT OF
BLOCK 39, PB 11, P 34, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
315 SW 3RD STREET)
ATUNE ENTERPRISES, INC.
3477 JUPITER BLVD.
PALM BAY, FL 32909-4102
$ 50.95
$ 70.00 ADM.FEE
IIGH ACRES, LOT 7/LESS E 16 FT, PB 21, P 85,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
114 NW 16TH STREET)
FOWN OF DELRAY, LOT 7 (LESS SO. 9.85 FT OF
E .27 FT) BLOCK 92, PB 1, P 21, PUBLIC
IRECORDS OF PALM BEACH COUNTY, FL
(301 EAST ATLANTIC AVENUE)
ISEC. 1346-42, W 1/2 OF NW 1/4 OF SE 1/4 OF
SW 1/4 OF SW 1/4 (LESS W 15 FT & N 47 FT
R/W) PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
VACANT LOT WEST OF 4678 WEST ATLANTIC AVE.)
ELAINE J. MORAN
114 NW 16TH STREET
DELRAY BEACH, FL 33444
MICHAEL GOCHENOUR
301 EAST ATLANTIC AVENUE
DELRAY BEACH, FL 33483
CHAMBERS ATLANTIC
PROPERTIES
5300 W. ATLANTIC AVE. #400
DELRAY BEACH, FL 33484
$ 58.93
$ 70.00 ADM.FEE
$ 50.95
$ 70.00 ADM. FEE
$ 234.00
$ 70.00 ADM.FEE
4
Res. No. 98-00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCF
MCGINLEY & GOSMANS SUB, LOT 58/LESS NO
8 FT SR R/ONV, PB 2, P 87, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL
S30 GEORGE BUSH BOULEVARD)
B & B BAKERY, INC.
5967 PATIO DRIVE
BOCA RATON, FL 33433-5461
$ 67.59
$ 70.00 ADM. FEE
',IDGEWOOD HEIGHt'S DELRAY, LOT 6, BLOCK C,
PB 14, P 44, PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
16680 SW 8TH AVENUE)
)SCEOLA PARK, LOT 34 & S 25 FT OF LOT 35,
BLOCK 8, PB 3, P 2, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(711 SE 2ND AVENUE)
OSCAR E. GARCIA &
CHRISTINA GARCIA
16680 SW 8TH AVENUE
· DELRAY BEACH, FL 33444
WHITMORE J. PELECANOS &
MARIA AMADOR PELECANOS
711 SE 2ND AVENUE
DELRAY BEACH, FL 33483
$ 75.00
$ 70.00 ADM FEE
$ 75.00
$ 70.00 ADM FEE
OSCEOLA PARK, LOT 27, BLOCK 9, PB 3, P 2,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
213 & 215 SE 9TH STREET)
GIACINTO J. SCHWALL
901 NW6TH AVENUE
BOCA RATON, FL 33432
$ 83,00
$ 70,00 ADM. FEE
;UB SEC 20-46-43, W 1/4 OF LOT 29 (LESS N 50 FT
E 100 FT OF SLY 592.48 FT OF NLY 642.48 FT)
PB 28, P 68, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
SW 10TH STREET/EAST OF 1180)
H & S DEVELOPMENT GROUP, INC
c/o HENRI M HAGE, REG. AGENT
671 NW 48TH AVENUE
MARGATE, FL 33063
$ 156.90
$ 70.00 ~.DM. FEE
)SCEOLA PARK, LOT 30, BLOCK 13, PB 3, P 2,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
713 SE 4TH AVENUE)
RICHARD A. RANGER
713 SE 4TH AVENUE
DELRAY BEACH, FL 33483
$ 40.95
$ 70.00 ADM. FEE
EFFERSON MANOR, LOT 32, PB 24, P 150,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
1331 PROSPECT STREET)
· LEONARD C. BRYANT
645 ENFIELD COURT
DELRAY BEACH, FL 33444
$ 109.00
$ 15.95 ADM FEE
Res. No. 98-00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCF
DELRAY MANOR ADD TO DELRAY, LOTS 21 & 22, ALPHONS J. &
PB 12, P 59, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
413 SW 10TH STREET)
'OWN OF DELRAY, S. 50 FTOF N 100 FTOF
W 135 FT OF BLOCK 20, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
43 NW6TH AVENUE)
iELL PARK, LOTS 3 & 4, BLOCK 8, PB 8, P 56,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
1012 NE 3RD AVENUE)
iFERN I. BONET
1413 SW 10TH STREET
DELRAY BEACH, FL 33444 $ 83.00
~ i $ 70.00 ADM. FEE
WILLIAM M. & CAROLYN YOUNG
15112 TALL OAK AVENUE
DELRAY BEACH, FL 33446
$ 57.90
$ 70.00 ADM FEE
RICHARD A. COURT, EST
1525 WEST 1600 NORTH
MAPLETON, UT 84664-3334
$ 78.00
$ 70.00 ADM. FEE
IVIOLATION IS: SEC. 100-01 - LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE.
6
Res. No. 98-00
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM ~,~ - REGULAR MEETING OF DECEMBER 5, 2000
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTION.c.
DATE:
NOVEMBER 30, 2000
Attached is the Report of Appealable Land Use Items for the period November 20th through
December 1, 2000. It informs the Commission of the various land use actions taken by the
designated boards that may be appealed by the City Comrmssion.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
Re f:Apagmemo/Appealables/12.5.00
TO:
THRU:
FROM:
SUBJECT:
D~.z~D T. HARDEN, ,CITY MANAGER
PAUL DOR IN~ PLANNING AND ZONING DIRECTOR
J , PLANNER
MEETING OF DECEMBER 5, 2000 *CONSENTAGENDA*
REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 20, 2000 THRU
DECEMBER 1, 2000
The action requested of the City Commission is that of review of appealable actions which
were made by various Boards during the period of November 20, 2000 through December 1,
2000.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this meeting, the
appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E)
of the LDRs applies. In summary, it provides that the City Commission hears appeals of
actions taken by an approving Board. It also provides that the City Commission may file an
appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the
Commission as an appealed item.
No appealable items were considered by the Board. The following items, which were
considered by the Board, will be forwarded to the City Commission for action.
· Recommended approval (6 to 0, Bird absent), of the abandonment of a portion of NW 2nd
Avenue, lying between NW 12th Street and Grove Way.
Recommended approval (6 to 0), of an amendment to the Land Development Regulations
Section 4.4.13(G) (Supplemental District Regulations) for the CBD (Central Business
District) zoning district, modifying the parking requirements for restaurants within the
original DDA (Downtown Development Authority) area. Regarding the amendment
deleting the one time one space parking reduction within the CBD and OSSHAD (Old
School Square Historic Arts District), the motion to deny, failed on a 3 to 3 vote.
City Commission Documentation
Appealable Items Meeting of December 5, 2000
Page 2
Recommended approval (6 to 0), of an amendment to the Land Development Regulations
Appendix "A" (Definitions), modifying the definitions of alcohol and drug abuse treatment
facilities.
Recommended approval (6 to 0), of a combined preliminary/final plat for Marina Bay, a
proposed 10-unit townhouse development, located on the west side of Marine Way,
approximately 225' south of SE 1st Street.
A. Approved (5 to 1, Sneiderman dissenting & Dowd absent), a request for a architectural
elevation change associated with the installation of stealth telecommunication antennas
at the Delray Beach Marriott, located at the northwest corner of Ocean Boulevard and
East Atlantic Avenue (10 North Ocean Boulevard).
B. Approved with conditions (5 to 1, Sneiderman dissenting & Dowd absent), a Class III site
plan modification and architectural plan associated with a 3,822 sq. ft. building addition for
Decorators Signature, Inc., located on the east side of Congress Avenue, approximately
510 feet north of Lowson Boulevard (935 South Congress Avenue).
C. Approved with conditions (6 to 0, Dowd absent), a request for site plan extension for
Chambers Medical Center, located on the south side of West Atlantic Avenue,
approximately 150 feet east of Whatley Road. The Board granted an 18 month
extension, which expires on July 14, 2002.
No Regular Meeting of the Historic Preservation Board was held during this period.
By motion, receive and file this report.
Attachment:
· Location Map
C/TY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
DECEMBER 5, 2000
L*~ CANAL
S.P.R.A.B.:
A. DELRAY BEACH MARRiOTT
B. DECORATORSSIGNATURE, iNC.
C. CHAMBERS MEDICAL CENTER
L.38 CANAL
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
2OOO
Memorandum
To: David Harden, City Manager
From: Lula Butler· Director, Community Improvement
Date: November 30, 2000
Re: Thomas Battles Initiative/Advisory Board Appointment Change
ITEM BEFORE THE COMMISSION:
City Commission consideration to change the positions of two (2) current beard
members.
BACKGROUND:
On October 3, 2000, the Commission appointed the Advisory Board for the Thomas
Baffles Initiative. The Board is requesting that Nadine Hart, who was appointed as a
regular member, be changed to an alternate member and Bill Young be appointed as
the regular member instead of an alternate.
RECOMMENDATION:
Staff is recommending City Commission approval of the Thomas Baffles Initiative
B · '
oard s request to change thmr two board appointments.
LB:DQ
BattlesappLnov211~
· Page 1
Date: November 30, 2000
Agenda Item No.
AGENDA REQUEST
Agenda request to be placed on:
__ Regular __ Special __ Workshop X Consent
When: December 5, 2000
Description of Agenda Item:
Thomas Battles Initiative - Advisory Board Appointment Change
Ordinance/Resolution Required: Yes G Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature: ~//~~.L
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
Account Balance:
City Manager Review:
Approved for agenda: Yes / No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
(if applicable)
1/17/96
THOMAS BATTLES INI ATIVE
AD fl SORY BOARD
AMJED (TONY) HAMDAN
9768 GRAND VERDE WAY
APT 1007
BOCA RATON FL 33428
BILL YOUNG
15112 TALL OAK AVE
DELRAY BEACH FL 33446
DAVID HENNINGER
602 SUNSHINE DR
DELRAY BEACH FL 33444
276-1713
272-7574
276-5111W
FAX:495-6505
278-5232
278-9069
BARBARA S. HOLDEN, CHM. 276-2902
357 PELICAN WAY FAX:276-4748
DELRAY BEACH FL 33483
MARK LITTLE 893-9001 x204
505 NW 12TM ST CELL:573-1582
DELRAY BEACH FL 33444
DAVID RANDOLPH, V. CHM. 278-7148
105 NW 11TM AVE FAX :278-7942
DELRAY BEACH FL 33444 CELL:441-1188
JOSH SMITH 498-7220
3616 AVE DEGIEN FAX:498-9530
DELRAY BEACH FL 33445
7g 58o
CAROLYN MORGAN
100 DELRAY LAKES DR
/
DELRAY BEACH FL 33444
DR. VIRGIL NORRIS ! 278-7396
04 SW 11TH AVE OFFICE r OFFICE
DELRAY BEACH FL 33444
/
NADINE HART r 276-9812
205 NW 2ND ST
J
DELRAY BEACH FL 33444
rlT¥ OF DEUilI¥ BERrH
DELRAY BEACH
NI-AmericaCity
1993
TO:
FROM:
100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000
MF. JVlO DUM
David T. Harden
City Manager
o~bert A. Barcinski
Assistant City Manager
DATE:
November 30, 2000
SUBJECT:
Agenda Item City Commission Meeting December 5, 2000
Consideration of Bonus Payment to Dubin and Associates, Inc.
ACTION
City Commission is requested to consider a bonus payment to Dubin and Associates, Inc.
for golf operations for FY 00 in the amount of $16,299 and for Tennis Center Operations
in the amount of $2,520. Funding is available in account numbers 445-4711-572-34.90
($11,000), 446-4711-572-34.90 ($5,299) and account 001-4124-572-34.90 ($2,500).
BACK (T R 0 UND
Attached is a memo received from Mr. Dubin outlining his request for a bonus payment
for FY 00 for golf and tennis. Per the terms of the management agreement for golf dated
09/29/00 Mr. Dubin is eligible for up to 15% of the annual fee of $131,940 and eligible
for up to 15% of the annual fee of $24,000 for tennis.
An analysis of actual accomplishments versus projected is included in Mr. Dubin's memo
and has been verified by staff.
RECOMMENDATION
Staff recommends consideration of the bonus payment for Dubin and Associates, Inc. as
requested.
RAB/tas
File: u: sweeney/agenda
Doc: bonus payment to Dubin and Associates, Inc. 2000
THE EFFO"T ALWAYS MATTERS
Golf & Tennis Management, Development & Consultation
November 29, 2000
City of Delray Beach
100 NWIst Avenue
Delray Beach, FL 33444
Attention: Bob Barcinski
Dear Bob,
Enclosed please find the performance measures for fiscal year end September 30, 2000
for Delray Beach Golf Club and Lakeview Golf Club and a detailed Restaurant Analysis
for Delray Beach Golf Club for year end September 30, 2000.
BJCE, Inc.
Delray Beach Golf Club
Delray Beach Golf Club is recognized as one of the finest municipal golf courses in
Florida.
Customer satisfaction in all areas is extremely high on a consistent basis.
Dubin & Associates understands the need to provide a well-balanced operation that meets
the needs of our residents.
On a daily basis we balance the needs of our juniors, seniors, golfers, diners, charities,
inner city youth and local schools, just to name a few.
We strive to find the perfect balance between "Profits and Programs."
The year 2000 was successful.
We increased our restaurant business by over $70,000 achieving a net profit of $51,000.
As you know, there are many times that we provide functions at cost, free if necessary, to
meet the needs of certain groups within our City.
Although rounds decreased to 86, 646, we know that approximately 1,000 rounds, many
walkers, decided to take advantage of Lakeview Golf Club.
We are also proud of the fact that we doubled our youth participation from 970
participants to 1804 in 2000.
1300 Park of Commerce · Suite 272 · Delray Beach, FL 33445 · (561) 265-0255 · Fax (561) 265-2752
Of note, our Director of Golf, Sandra Eriksson was named top LPGA Club Professional
in the United States due to our outstanding programs in place at Delray Beach Golf
Club.
In regards to performance measures, we accomplished the following:
1. Completed painting the exterior of the
clubhouse proshop.
2. Level and regrass six (6) tee boxes.
3. Increase revenue from banquet business by
at least 6% from $525,000 to $565,000.
4. Increased participation in youth programs
by at lease 5% from 1,200 to 1,260.
5. Reduce weed population in fairways on
hole numbers 13, 14, 15, and 18 to less
than 10% of area (USGA standard).
6. Attain less than 5% weed coverage on all
greens (USGA standard).
7. Remove 20 Melaleuca trees
2000 2000
Projection Actual
Done
Done
$565,000 $580,770
1,260 1,804
<10% <10%
<5% <5%
20 20
We did not accomplish the following:
1. Increase number of rounds played from
88,000 to 91,000
2. Attain a net operating income at least
$170,000.
2000 2000
PrQecfion Actuai
91,000 86,646
$170,000 $71,319
Cart Paths were not done this year at the request of City staff and City Commission.
We will evaluate the installation of cart paths in the future.
Lakeview Golf Club
Lakeview Golf Club is the best executive golf course in South Florida.
Customer satisfaction is extremely high in all areas from golf course condition to friendly
staff.
We increased rounds from 54,669 to 58,993.
We hosted three junior tournaments as well as the First Annual Special Olympics Golf
Tournament.
We know that many golfers moved from Delray Beach Golf Club to Lakeview Golf Club
especially our senior citizens and juniors.
In regard to performance measures, we accomplished the following:
1. Increased participation in youth programs by
at lease 5% from 1,200 to 1,260.
2. Attain a net operating income of at least
$90,000.
3. Remove at least five (5) Melaleuca trees.
4. Conduct at least four (4) golf youth
tournaments during the year.
5. Host a Special Olympics Tournament in the
fall of 1999.
6. Install screen barrier behind green #6.
7. Attain weed coverage on greens of less than
5% and in fairways of less than 10%
(USGA standard).
2000 2000
Projection Actual
1,260 1,804
$90,000 $188,908
5 5
4 4
Done
Done
<5% + <10% <5% + <10%
We did not accomplish the following:
2000
Projection
1. Increase the number of rounds played from 60,000
55,000 to 60,000.
The course restrooms were not done this year at the request of City Staff.
In summary, we accomplished 14 out of 17 performance measures or 82% for both
Delray Beach Golf Club & Lakeview Golf Club.
2000
Actual
59,061
This calculates to 12.3% x $131,940 = $16,229.
We are hereby requesting an annual bonus of 82% of the maximum 15% or 12.3% in the
amount of $16,229.
Dubin & Associates, Inc.
Enclosed please find the performance measures for fiscal year end September 30, 2000
for the Delray Beach Tennis Center.
Delray Beach Tennis Center
In tennis the two most important factors are court conditions and friendly staff.
Without question we have made tremendous strides in both these areas.
Customer satisfaction has improved greatly.
The area that needs improvement is programs.
We faced a difficult situation in 2000 by not having enough clay courts to satisfy our
membership that exceeds 600 members.
The purchase of the Laver's facility will allow us to increase our programs in all areas
and provide court times in prime time for our players.
In regards to performance measures, we accomplished the following:
1. Promote and conduct at least three (3) non-
tennis related events in the stadium during
the year.
2. Conduct at least 3 junior camps.
3. Conduct the Citrix Tournament and the
Chris Evert Charity Event.
4. Conduct a minimum of five (5) USTA
amateur tournaments within the fiscal
year.
5. Increase membership by 7%.
6. Develop and implement operating policy
changes as approved by City Commission
by January 1, 2000.
7. Conduct customer satisfaction survey by
June 30, 2000.
g. Aggressively promote and encourage the
use of the Tennis Center for entertainment
events.
2000 2000
Projection Actual
3 4
3 3
2 2
5 7
7% 12.4%
Done
Done
Done
We did not accomplish the following:
1. Break even in Tennis Center operating
Expenses (excluding capital).
2. Sell naming rights for stadium by
September 2000.
2000 2000
Proje~ion Actual
0 ($74,972)
September'00 N/A
In summary, we accomplished 8 out of 10 performance measures or 80%.
In many cases we decided not to have events simply because we did not have enough
courts to satisfy our members and provide courts for special events at the same time.
We believe that overall we met the expectation level of the City Commission and our
resident tennis players.
We are hereby requesting an annual bonus of 70% of the maximum 15% or 10.5% in the
amount of $2,520.
This calculates to 10.5% x $24,000 = $2,520.
Therefore, in summary wearereque~ing atotalbonus
BJCE, Inc. $16,229
Dubin & Associ~es, Inc. 2,520
Totfl $18.749
This compares to last year's bonus in the amount of $21,000. As always we respect your
decision and look forward to a very successful year 2001.
Hoping this is to your satisfaction, we remain.
Yours truly,
Brahm Dubin
President
CC: Sharon Painter
Cindy Doll
MUNICPAL GOLF COURSE
PERFORMANC MEASURES
FY 99-00
I. Complete paintin~ the exi~ior of the clubhouse pm ~,~ by November 1999.
2. Complet~ insudletion of 9000 If new ~' wide can l~t~ by Sel~tembcr 2000.
3. Level and re-grass six (6') tee boxes by Au~a~st 2000. The tee box n, tmbers ~o be
4. Increase nmnbe~ ofnmnds played fi'em 88.000 to 91,000.
~. Increase revenue from banquet ~ by at least 6%
6. Increase participmlon in youth pro~p'mn~ by at least $% fi-om 1200 to 1260.
7. g. educc weed pop,,l~,~on in fairways on hole nnmbers ! 3, 14, 15, and 18 to less than
10oA of area (USGA slundm'd).
8. Attain Ices than 5% weed coverage on ail greens (USOA s~lard).
9. Atl~in a net opemfin~ income at least $170,000 (FY 98 $171,74~
$165,000).
10. Remove at le~ 20 M~]~!euca trees.
LAKEVrEW GOLF COURSE
PERFORMANCE MEASURES
FY 99-00
1. /~=wnse nun~er of rounds played fxom ~,000 to 60,000,
2. Increase'youth pnrtielpatlon by 5% ~o~ 1,200 to 1,260.
3. A~in n net operal~$ income ora leu~t $90,000 (FY 98 $72,188 and PY 99 ~
'$100,000).
4. Remove at least five ($) Melaleuc~t~.
5. Comluc~ at lc~t four (4) youth toaznamm~ dm-lag ~he ye~.
6. Hosta Special Olympi~sTom'aament ~th~f~ll of 1999.
7. Complete repzLr~ to c,~gse reseooms by J~e 2000 Lc. roof, ~ia boarcL, w-paint,
8. Ia~q~ll sc~'e~.,ier beh?nd ~rea~ ~ by Deeemb~ 1999.
9. Attain weed coverage on greens of less ~ 5% and in fairways of less ~ 10%
(usoA s,~dard).
TENNIS ~R
PERFORCE MEASURES
FY 99-00
I. Break even in Tennis Cc:~ar opcralil~ expemses.
2. ~,---~-$ flgl~s for s~___dium by Sepismber 2000.
4. Conduct a~ le, t three (3) jtmJo~,-~.
5. ColldllOt the ~.,ttz'lx
6. Conduct a m~ntmlllll O~f~ (~') USTA m~_m~-,:r taumamenis withil~ the fiscal y~ar.
?. ~-~-~ase m~bmwhips by
8. D~wlop and i,-.nlancat opcraiing polioy ot]anges as ai~pzovcd by Cil~ Commi,sion
by lanm,zy I, 2000.
9. Conclt~ot oastemer saIis~lion survey by lane 30, 2000.
10. Aggressively ~,~ii~te snd e~com'age file ,,ee of the Te'nni~ ~ fo~ ~ertaillme~lt
£1TY OF I)ELA;lY BE;I£H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
1993
DATE:
TO:
FROM:
SUBJECT:
200 NW lst AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
MEMORANDIYM
November 27, 2000
City Commission
David T. Harden, City Manager ~
Jay T. Jambeck, Assistant City Attorne~
Resolution for Sale and Purchase of Lot~0,
Block 10 Atlantic Gardens
Attached please find a resolution adopting a contract for sale and purchase of the
above-referenced property from the Delray Beach Housing Authority. The contract price
is $40,000. If the resolution is adopted, and the contract approved, Community
Improvement intends to utilize the property for affordable housing.
By copy of this memorandum to the City Manager, our office requests that this
item be placed on the agenda for the December 5, 2000 City Commission meeting.
Please do not hesitate to contact me if you should have any questions.
Attachment
CC:
Alison MacGregor Harty, City Clerk
Lula Buffer, Community Improvement Director
Ken Thomas, C.D. Program Coordinator
Bob Federspiel, Esq.
RESOLUTION NO. 97-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZiNG THE CITY TO
PURCHASE CERTAiN REAL PROPERTY iN THE CITY OF DELRAY
BEACH, WHICH PROPERTY IS LOCATED AT LOT 10, BLOCK 10,
ATLANTIC GARDENS, AS MORE PARTICULARLY DESCRIBED
HEREiN, HEREBY INCORPORATING AND ACCEPTiNG THE
CONDITIONS AND TERMS OF THE CONTRACT FOR SALE AND
PURCHASE BETWEEN THE CITY OF DELRAY BEACH AND THE
DELRAY BEACH HOUSiNG AUTHORITY.
WHEREAS, the City of Delray Beach, Florida desires to acquire Lot 10, Block 10, Atlantic
Gardens for the purpose of providing a home for a first time home buyer; and,
WHEREAS, it is in the best interests of the City to purchase the property described above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida hereby agrees to
enter into a contract with the Delray Beach Housing Authority in order to acquire Lot 10, Block 10,
Atlantic Gardens, as recorded in Plat Book 14, Page 63 of the Public Records of Palm Beach County,
Florida for the amount of forty thousand dollars and 00 cents (US$40,000.00).
Section 2. That the terms and conditions contained in the aforementioned contract for the
acquisition and purchase of the real property described above are hereby incorporated herein as Exhibit "A"
and can be further reviewed in the office of the City Clerk, 100 N.W. 1st Avenue, Dekay Beach, Florida.
PASSED AND ADOPTED in regular session on this the __ day of December, 2000.
ATTEST:
MAYOR
City Clerk
F~tIIBIT "A"
EXHIBIT
Response To Proposal
~1. Theprooosal's qualit-[cationsand resume of exoerience?
The City of Delray Beach Community Development Division has administered the
U.5. Depa~b.ent of Housing and Urban Developmenl:'s (HUD) Community
Development Block Grant (CDBG) program since 1986. The City has funded
programs for housing rehabilitation, homeownership assistance and technical
assistance on grant applications designed to lever-age funding to provide
affordable housing. Zn addition, the Community Development Division provides a
residential and rental property rehabilitation program in partnership with bhe
Cow~nunlty Redevelopment Agency .(CRA), Delray Reach Community
Development Corporation (CDC), and the Technology, Enterprise
Development, Inc., (TED Center). The City's Housing program is Under the
leadership of a Community Zmprovement Director with over 20 years of
experience in housing development, housing rehabllttation, Section 8, and
acquisition rehabllltaUon. The Director provides program oversight and
admini-J,ation; approval of procedures, contractor selection, contractor invoices;
and assist~ with outreach.
2. The improvements intended to be made to the subject real property
prior to disposal?
Pursuant to t~is RFP, the C]ty has completed a housing inspection of the
subject property, and has allocated up to $15,000 for housing
rehabilitation. Based on HUD standards, the subject property will be
rehabilitated to meet minimum housing standards.
3. The relocaUo0 p~sistance to be provided to the DBHA's ,current;
tenant;
The City has agreed to provide up to $1,500 for tenant relocation expenses
pursuant to this RFP.
4. The purchase price to be paid to the DBHA for the real property
toqether with the terms of payment;
The City of Delray Beach is prepared to offer $40,000 for acquisition of the
subject property at dosing. This acquisition will provide affordable housing for a
first-time homebuyer, which is cJ3nsistent with the City's Housing Renaissance
Program objective. Customary local permit fees will be waived.
5, Thej]r~c.~~= and Uminq by which the subject real orooertv will be
_conveyed to a 'low inCOme~amilv in accordance with HUD defini/~qns:
The acquisition of real property for a income eligible person assisted within the
Oty'$ Housing Program Ibr the purpose of homeownershlp, will be conveyed at
closing, requlmcl rehabilitaMon will be completed within ninety (90) days of
dosing.
6. Any o~nditions, c~ntinqencies, or additional requirements relatino
The OW of Deiray Beach will provide subsidy flJnds as a conditional grant to.be
rpcnrded as a covenant to the property which shall be forgiven over a period of 5
years for grant amounbs of $15,000 or less.
;7. ~ relationship of the plp;~Doser to a recoqnized_GQvernmental
Affordable Housin~ Proqram;
The Cnmmunity Improvement Department is responsible for the management
and coordination of all acUvlties directed at Iow to moderate income households.
This OW Depa, b~ent is the main entity responsible for all housing development
activities v~thin the City of Delray Beach.
8. ~h bid bond in an amount equal to ten percent (10%) ofth~
proDos~d purchas~ price.
The Oty of Delray Beach is exempt from this requirement. However, by
submission of this proposal, the City of Delray Beach is guaranteeing the
availability of sufficient funding (100%) equal to the proposed purchase price.
9. References~
Technology, Enterprise & Development Center
10 B S.E. ist Avenue
Delray Beach, Florida 33~,~,~,
(561) 265-3790
Delray Beach CDC
400 West Atlantic Avenue
Detray Beach, Florida 33~,~,~,
(561) 266-9840
ATLANTIC
S.W. 3RD
ST.
GA TEWA Y
MINI PARKS
2ND
DELRA Y
FULL SERVICE
CENTER
3RD
4TH
AUBURN CIRCLE NORTH
AVENUE
ST
S.W. 3RD CT.
N
CITY OF DELRAY BEACH, FL
PLANNIN~ ~ ZONING DEPARTMENT
ATLANTIC GARDENS SUBDIVISION
LOT 10, BLOCK 10
CITY COMMISSION - CITY OF DELRAY BEACH
REGULAR MEETING - DECEMBER 5~ 2000 - 6:00 P.M,
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS:
9. REGULARAGENDA
MEMORANDUM OF UNDERSTANDING: Consider approval of a Memorandum of
Understanding between the City and thc Professional Fircfightcrs of Delray Beach, Local
1842 I.A.F.F., extending long term disability insurance coverage to firefighters, approving
revised Sections 1-4 of Article 4, "Grievances", maintaining the status quo for Sections 5-7
of Article 4, and agreeing to reopen negotiations on Sections 5-7 of Article 4 on or about
May 1, 2001.
E..I, NTEREST IN CONSIDERATION FOR PALM BEACH COUNTY LEAGUE OF
,CII'IES APPOINTMENTS: Determine whether there is interest in being considered for
appointment by the Palm Beach County League of Cities to various committees.
Also enclosed is a copy of Resolution No. 99-00 related to Item 9.B., Special Event Request
for the 24th Annual Roots Cultural Festival. It was inadvertently omitted from the agenda
package sent out last Friday.
Addendum. 12.5.00 Reg. Mtg.
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager ~2~
Edward J. Gusty, Human Resources Director
December 4, 2000
MEMORANDUM OF UNDERSTANDING
The attached Memorandum of Understanding completes an agreement reached
between the City and the Professional Firefighters and Paramedics of Delray
Beach, Local 1842, IAFF.
In the first instance, the parties have agreed to extend the coverage of the Long-
Term Disability Insurance Program currently provided to other City employees
effective December 1, 2000.
Secondly, by mutual agreement, the parties have agreed to continue as status
quo the language of the current labor agreement between the City and Local
1842, IAFF, in Article 4, Grievance Procedure, Section 5, 6 and 7. The parties
further agree to reopen negotiations on Article 4, Section 5, 6 and 7 on or about
May 1, 2001.
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~7~
AGENDA ITEM (~ - REGULAR MF.~.TING OF DECEMBER 5, 2000
INTEREST IN CONSIDERATION FOR PALM BEACH COUNTY
DATE:
LEAGUE OF CITIES APPOINTMENTS
DECEMBER 4, 2000
Attached is correspondence we received today from the Palm Beach County League of Cities
concerning open seats on various cotmmttees and interest in being considered for appointment to
same. The vacancies are for:
Alternate seat on the Intergovernmental Coordination Program Executive Committee.
The appointee must be an elected official. Meetings are held on a quarterly basis at the Lantana
Town Hall, 500 Greynolds Circle in Lantana. A list of the meeting dates is attached for review.
Letters of interest must be submitted prior to December 13~.
Alternate seat on the Palm Beach Countywide Beaches & Shores Council. An elected
official is preferred, but not required. The City Manager or a staff person may also be considered.
The Council meets on the 2nd Monday of each month at 1:30 p.m. in the 2~d Floor Conference
Room of the Planning, Zoning & Building office at 100 Australian Avenue, West Palm Beach
(located at the southeast comer of the Airport Hilton Centre). Delray Beach akeady has a seat on
the Beaches & Shores Council. This seat represents the League of Cities. It is doubtful whether
the League would approve a second person from Delray.
Palm Beach County League's Nominating Committee. This should be an elected official or
the City Manager. The Nominating Comtmttee will meet in January and February, 2001, at the
Governmental Center in West Palm Beach.
If any member of the City Commission is interested in having their name placed in nomination for
any of these vacancies or for a League office or seat on the League's Board, please let us know as
soon as possible as expressions of interest should be submitted as soon as possible.
RefiAgmemol 0.Commfittee Vacancies. PBC League of Cities
FR~M'
PH(~NF Nf~ '
r~r N4, ?NnN ~',~ AM P 1/1
Palm Beach County
LEAGUE of CITIES,
League Action Items
TO:
FROM:
DATE:
RE;
City Managers & Elected Officials
Jamie Titcomb, Executive Directorff-~.
l
December 1, 2000
Notifying League Office on Following Issues
1. Alter~mte seat on the Intergovernmental Coordination Program Executive Committee:
At a special meeting on November 29, 2000, the Palm Beach County League of Cities Board
of Directors and General Membership ratified the appointment of West Palm Beach
Commissioner Mary Brandenburg, an alternate member, as the fourth regular member on the
Intergovernmental Coordination Program Executive Committee. The aitgmate seat ne~ts to
be filled prior to Sanu~_~y 29, 2001. All interested elected ot~icials may apply by submitting a
l~tter of interest to the League office prior to the Board Meeting on December 13, 2000, at
which time an appointment will be made.
2. Alternate se~t on the Pahn Beach Ceun~lde Beaehe~ & 8heros Council:
Margot Roberts' resignation (former mayor 8outh Palm Beach) has left an open alternate seat
to represent the League/municipal interests on Beaches and Shores. The current regular
member is Mr. Richard Pittman.
3. P~flm Be~eh County League Board of Direetor~, Executive Committee ~nd Nominating
Committee member nominations:
Palm Beach County League of Cities' bylaws specify timelines and procedure for the
President to name an annual Nominating Committee. These committee members should be
identified and seated in January so that they may do the work to name the slate of
nominations for announcement at the League's M~rch General Membership meeting. If you
have interest in serving on the committee or wi~h to be considered for nomination to a
League Board Position, pl~se contact the L~gue office in writing or for further information.
4 National League of Cities' 2000 Confereaee in Boston:
To coordinate local officials attendfiag the NLC Conference in Boston, December 5~ - 9a,
2000, the League requests that your city notify our office with the names of council or
administrative people scheduled to atten& We will coordinate activities as a communication
liaison on the ground in Boston between members of the Palm Beach County League and
G-old Coast League (Broward, Dad~ & Palm Beech). Please fax, emall or call our office with
your attending offieiais list by Tuesday D~eember 5~.
('~61) 3~4484 · F~x ;~.~ -(;,~.~ * Email: [~imomb@co,pa{m.beach.fl.us
Mail: P.O.Box 1989, Govemmeutal Center, West Palm Beach. Plorlda 33402
Office: 30]~ N. Olive Avenue, West Palm Beach, Florida 33401
Palm Beach County
Intergovernmental Coordination
Program - Clearinghouse
9835-16 Lake Worth Road Suite 223
Lake Worth, FL 33467
(561) 434-2575/Fax (561) 434-4513
To:
From:
Date:
Snbject:
Intergovernmental (.oordmam n Program Members
Anna Yeskey, Clearinghouse
November 2, 2000
2000/200l Meeting Schednle
The following dates have been tentatively set for quarterly meeting dates for the Executive
Committee and the Issues Forum of the h~tergovemmenral Coordination Program:
Executive Committee
Council Charnber~ at Lantana Townn Hall
Monday. January 29, 200I
Monday. April 30, 2001
Monday. July 30. 2001
Monday. October 29, 20t)I
Issues Forum
Council Chambers a~ [.amana Town llall
Thursday. March 1,2001
Thursday. May 31, 2001
'Fhttrsday. August 30. 2001
Thtrrsday, November 29, 2001
5; mu d you need any additional information, please contact Anna Yeskey at t561) 434-2575
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM 10.1~.. REGULAR MI~-I~.TING OF DECEMBER 5. 2000
ORDINANCE NO. 21-00 (ADOPTION OF COMPREHENSIVE PLAN
AMENDMENT 2000-2)
DATE:
DECEMBER 1, 2000
This is the second reading and a public hearing for Ordinance No. 21-00 which adopts
Comprehensive Plan Amendment 2000-2. This amendment generally focuses on the clarification of
policies, and three amendments to the Future Land Use Map. The items included in the Plan
Amendment are listed on the attached page and are further described in the attached support
documents.
The City Commission initiated Comprehensive Plan Amendment 2000-2 on August 1, 2000. First
reading of the ordinance and the transmittal heahng were held on September 7, 2000, and the
amendment xvas forwarded to the Department of Community Affairs for review. We have received
notification from DCA that the plan amendment is in compliance and no ORC (Objections,
Recommendations & Comments) Report will be issued. Hence, the amendment is ready for
adoption.
Recommend approval of Ordinance No. 21-00 adopting Comprehensive Plan Amendment 2000-2 on
second and final reading.
Ref'~gmemo.Ord21-00.Adoption. Comp.Plan Amendment 2000-2
Future Land Use Map amendments including:
[] City initiated Future Land Use Map Amendment from County C/5 (Commercial with residential density
of 5 units per acre) to City GC (General Commercial) for approximately 14.19 acres located at the
southwest corner of Linton Boulevard and Military Trail (Palm Court Plaza).
City initiated Future Land Use Map Amendment for 1.8+/- acres in Block 38, Town of Delray, from
CF-P (Community Facilities -Public Buildings) and LD (Low Density Residential, 0-5 units per acre) to
GC General Commercial.
[] Combined City and privately initiated Future Land Use Map amendment from GC (General
Commercial) and RDA #5 (Redevelopment Area # 5) to CC ( Commercial Core) for 6.4 acres.
Text amendments including:
Future Land Use Element
· Modification of the Future Land Use Element "Table of Contents" to note Policy C-2.2 has been
deleted by Comprehensive Plan Amendment 99-1.
Housing Element
· Modification of Housing Element Policy A-7.2 to delete S.W 4t~ Avenue area from the list of
redevelopment plans to be completed.
Deletion of Housing Element Policy A-7.4 relating to restrictions on expenditure of public funds within
redevelopment areas. Similar language was deleted in Future Land Use Element Policy C-2.1 with
Comprehensive Plan Amendment 99-1.
Transportation Element
· Deletion of Transportation Element Policy A-7.5 relating to opposition to the widening of Lake Ida
Road.
· Modification of Transportation Element Policy A-6.1 to add a standard that encourages cross access
between parcels.
Open Space and Recreation Element
· Modification of Open Space and Recreation Policy A-2.7 to state that as part of the preparation of
redevelopment and neighborhood plans, the City will evaluate the possibility of establishing
neighborhood or "pocket parks" in the area for which the plan is being prepared.
Public Facilities Element
· Modification of Public Facilities Element C-2.1 to reflect completion of the required study and the
City's annual CIP commitment to fund necessary remedial work for sewer mains.
· Modification of Public Facilities Element C-2.2 to reflect completion of the required study and the
City's annual ClP commitment to fund the necessary remedial work for water mains.
Coastal Management Element
· Modification of Coastal Management Element Policy D-4.1 to specify the department or division
responsible for the seawall ordinance review and clarify which seawalls are subject to public
inspection.
ORDINANCE NO. 21-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN
AMENDMENT 2000-2 PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND
LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES
SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; .AI.I. AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 2000-2" AND
INCOKPORATED HEREIN BY REFERENCE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Dekay Beach exercised the authority granted pursuant to
the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the
"Local Government Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document
enrifled "Comprehensive Plan - Delray Beach, Florida"; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare
an amendment to the Comprehensive Plan endfled "Comprehensive Plan Amendment 2000-2"; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following
due public notice, held a public hearing on August 21, 2000, in accordance with the requirements of
the "Local Government Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, after the above referenced public hearing, the Planning and Zoning
Board, as Local Planning Agency, recommended to the City Commission that the proposed
Comprehensive Plan Amendment 2000-2 be transmitted; and
WHEREAS, proposed Comprehensive Plan Amendment 2000-2 was submitted to
and reviewed by the City Comrmssion; and
WHEREAS, following due public notice, the first of two required public heatings on
Comprehensive Plan Amendment 2000-2 was held by the City Commission on September 7, 2000,
at which time it was authorized to be transmitted to the Florida Department of Community Affairs
for required review; and
WHEREAS, Comprehensive Plan Amendment 2000-2 was found to be in
compliance by the Florida Department of Community Affairs and no ORC (Objections,
Recommendations & Comments) Report was issued; and
WHEREAS, following due public notice, the second of two required public hearings
on Comprehensive Plan Amendment 2000-2 was held on December 5, 2000, in accordance with
statutory requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELKAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Dekay Beach, Florida, hereby
declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes
Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and
Land Development Regulation Act".
Section 2. That in implementation of its declared intent as set forth in Section 1 of
this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment
2000-2", which is attached hereto as Exhibit "A" and incorporated herein by reference.
Section 3. That the document entitled "Comprehensive Plan - DeLray Beach,
Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment
2000-2".
Section 4. That should any section or provision of this ordinance or any portions
thereof, any paragraph, sentence or word be declxred 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 all ordinances or parts of ordinances which are in conflict herewith
are hereby repealed.
Section 6. That this ordinance shall become effective upon the date a final order is
issued by the Deparmaent of Community Affaks finding the amendment in compliance in
accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.
the
PASSED AND ADOPTED in regular session on second and final reading on this
day of ~ 2000.
MAYOR
A ri'EST:
City Clerk
First Reading
Second Reading
-2- Ord. No. 21-00
MEETING OF:
AGENDA ITEM:
August 21, 2000
IV.E. RECOMMENDATION TO THE CITY COMMISSION
REGARDING TRANSMITTAL OF COMPREHENSIVE PLAN
AMENDMENT 00-2
The item before the Board is that of recommending to the City Commission transmittal
of Comprehensive Plan Amendment 00-2 to the Florida Department of Community
Affairs.
The City Commission initiated Comprehensive Plan Amendment 00-2 on August 1,
2000. The items which are included in the Plan Amendment included three
amendments to the Future Land Use Map, and clarification and modification of several
policies. Full analysis of each of the following items is contained in the attached
Comprehensive Plan amendment:
Future Land Use Map amendments including:
City initiated Future Land Use Map Amendment from County C/5 (Commercial with
residential density of 5 units per acre) to City GC (General Commercial) for
approximately 14.19 acres located at the southwest corner of Linton Boulevard and
Military Trail (Palm Court Plaza).
City initiated Future Land Use Map Amendment for 1.8+/- acres in Block 36 Town of
Delray, from CF-P (Community Facilities -Public Buildings) and LD (Low Density
Residential, 0-5 units per acre) to GC General Commercial.
[] Combined City and privately initiated Future Land Use Map amendment from GC
(General Commercial) and RDA #5 (Redevelopment Area # 5) to CC ( Commercial
Core) for 6.4 acres.
Text amendments including:
Future Land Use Element
· Modification of the Future Land Use Element "Table of Contents" to note Policy C-
2.2 has been deleted by Comprehensive Plan Amendment 99-1.
P&Z Board Staff Report
IV.F. Comprehensive Plan Amendment 00-2
Page 2
Housing Element
· Modification of Housing Element Policy A-7.2 to delete S.W 4th Avenue area from
the list of redevelopment plans to be completed.
Deletion of Housing Element Policy A-7.4 relating to restrictions on expenditure of
public funds within redevelopment areas. Similar language was deleted in Future
Land Use Element Policy C-2.1 with Comprehensive Plan Amendment 99-1.
Transportation Element
· Deletion of Transportation Element Policy A-7.5 relating to opposition to the
widening of Lake Ida Road.
· Modification of Transportation Element Policy A-6.1 to add a standard that
encourages cross access between parcels.
Open Space and Recreation Element
Modification of Open Space and Recreation Policy A-2.7 to state that as part of the
preparation of redevelopment and neighborhood plans, the City will evaluate the
possibility of establishing neighborhood or "pocket parks" in the area for which the
plan is being prepared.
Public Facilities Element
Modification of Public Facilities Element C-2.1 to reflect completion of the required
study and the City's annual CIP commitment to fund necessary remedial work for
sewer mains.
Modification of Public Facilities Element C-2.2 to reflect completion of the required
study and the City's annual CIP commitment to fund the necessary remedial work for
water mains.
Coastal Management Element
Modification of Coastal Management Element Policy D-4.1 to specify the department
or division responsible for the seawall ordinance review and clarify which seawalls
are subject to public inspection.
By motion, recommend that the City Commission transmit to the Florida Department of
Community Affairs, proposed Comprehensive Plan Amendment 00-2, containing the
material in the staff report and attachment.
Attachment: Proposed Comprehensive Plan Amendment 00-2 S:~adv\comp\002PZl
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM l0 -C, - REGULAR MRRTING OF DECEMBER 5, 2000
ORDINANCE NO. 32-00 (REZONING A PORTION OF BLOCK 36)
NOVEMBER 29, 2000
This is second reading and a quasi-judicial public hearing for Ordinance No. 32-00 which rezones
the north half of Block 36 from R-1-A (Single Family Residential) District 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.W. 3~d and Avenues, w~thin the West Atlantic Avenue
Redevelopment Area.
The subject property is part of an overall 4.6 acre site for which the Community Redevelopment
Agency issued an RFP and selected a redevelopment proposal. The proposed development consists
of a mixed-use project with multi-story retail/office buildings fronting on West Atlantic Avenue and a
townhouse development with parking in the rear. In order to accommodate the residential
component of the project, an amendment to the Future Land Use Map (FLUM) and rezonmg of the
rear portion of the block is necessary. Within the West Atlantic Avenue overlay district, General
Commercial zoning allows residential densities up to 30 units per acre subject to performance
standards and conditional use approval. The requited FLUM amendment is included as a part of
Comprehensive Plan Amendment 2000-2 which is scheduled for adoption via Ordinance No. 21-00.
The Planning and Zoning Board considered the proposed rezoning at a public hearing on August 21, -.
2000, and voted 5 to 0 to recommend that it be approved. At first reading on November 21, 2000, ~' ~,
the City Commission passed the ordmance by unanimous vote. ~
Recommend approval of Ordinance No. 32-00 on second and final reading 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 2.4.50D)(5) (Rezoning Findings), and the goals, objectives and policies of
the Comprehensive Plan.
RefiAgmemo21.Ord.32-00.Rezoning Portion of Block 36
ORDINANCE NO. 32-00
AN 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 (COMMUNITY 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. 3m) 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-1-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 part of the abandoned 16
foot alley fight-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. 3rd 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
LUTHER
CITY
z, T TORNE Y
BUILDING
N.W, 2ND ST.
CITY
HALL
CF
NO. 1
ATLANTIC
COMMUNITY
TENNIS OLD
STADIUM SCHOOL
SQUARE
AVENUE
POLICE SOUTH
COMPLEX COUNTY
COURT
HOUSE
Il I
ST 1ST ST S.E !$T !
BLOCK 36 Lt
REZONING FROM: CF (COMMUNITY FACILITIES) & R-1-A (SINGLE FAMILY RESIDENTIA
TO: GC (GENERAL COMMERCIAL)
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 1.80Y~ 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.
POLICE
COMPLEX
HALL
ENUE
GENERAL DATA:
· Owners ............................................. Community Redevelopment Agency & Greater Mount Olive Missionary Baptist
Church
Applicants ............................................. David T. Harden, City Manager
City of Defray Beach
Lo,ebon .................................. South side of N.W. 1st Street, between N.W. 3rd Avenue and N.W. 4th Avenue.
Property Size ........................................ 1.80 [ acres
Existing F.LU.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
South: GC
Wvs,. CF & R-1-A
Existing Land Use ................................ Vacant land, single & un~aved, parking
Proposed Land Use .................. Future Land Use Map Amendment from CF-P & LD to GC and Rezoning from
R~I-A & CF to GC as part of Transmittal Hearin~ for Comprehensive Plan
Amendment 2000-2.
Water Service ............... n/a
Sewer S_rvr ...................... nla
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):
[] Area A: FLUM amendment from LD (Low Density Residential 0-5 du/acre) to GC
(General Commercial) -.6 parcels (by ownership) on NW 3~ Avenue and NW 4th
Avenue, south of NW 1s, 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).
r~ 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 & 36) 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-I-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 CRANVARC (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 Block of West Atlantic Avenue (N % 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 Poficy C-l.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 11, 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 provisions of the redevelopment
plan.
~lanning and Zoning Staff Report
FLUM Amendments and Rezonings for N 300 Block of West Atlantic Avenue (N % of Block 36)
Page 4
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 cdtical 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 Y= of B~ock 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 proped7 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 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.
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.
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 ~ of Block 36)
Page 7
Section 2.4.5(D)(5) (Rezoninq 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:
a. 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;
Use Map and that it is more appropriate for the property based
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:
That the requested zoning is of similar intensity as allowed under the Future Land
upon
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.
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~anning 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 CRA's initiative to redevelop the North 300 and
400 blocks of West Atlantic Avenue since the CRA 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 Improvement Association
· 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.
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 ~ 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.
Recommend to the City Commission approval of the proposed FLUM Amendments
from:
LD (Low Density Residential 0-5 du/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-1-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:
r~ Proposed Future Land Use Map Amendments
r~ Proposed Rezonings
~ Appendix A
Report prepared by: .Ron Hoqqard. Senior Planner
s:\ptanninq & zoninq\boards\p&z board\bk36 flum amendment.do,,
' 5RD ,~ ST. N.E.~3RD ST.
SQUARE
[ ~ I I!11 POLICE SOUTH
'II ~ COMPLEX COUNTY
I COU~T
~pROTECT~N ~
N BLOCK 36
~ F.L.U.M. AMENDMENT FROM: CF-P (COMMUNI~ FACILiTIES-PUBLIC BUILDING)
CITY ~ DELRAY ~[ACH, FL & LD (LOW DENSI~ RESIDENTIAL, 0-5 UNiTS/ACRE)
PLANNING ~ ZONING DEPARTMENT TO: GC (GENE~L COMMERCIAL)
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.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM l0.0. - REGULAR MEETING OF DECEMBER 5. 2000
ORDINANCE NO. 33-00 (REZONING FOR STEVE MOORE
CHEVROLET SITE AND ADJACENT COMMERCIAL PROPERTIES)
NOVEMBER 29, 2000
This is second reading and a quasi-judicial public hearing for Ordinance No. 33-00 which rezones
the former Steve Moore Chevrolet site and adjacent commercial properties from AC (Automotive
Commercial) and GC (General Commercial) to CBD (Central Business District). The subject
property is located on the east and west sides of S.E. 5th Avenue (southbound Federal Highway) and
S.E. 6m Avenue (northbound Federal Highway), between S.E. 3*a and 4th Streets, and contains 6.4
acres.
The rezoning and associated Future Land Use Map amendment were requested by the owners of the
Steve Moore Chevrolet site (Auto Nation) so that the property can ultimately 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. The associated FLUM amendment (from General
Commercial and Redevelopment Area #5 to Commercial Core) is included as a part of
Comprehensive Plan Amendment 2000-2 which is scheduled for adoption via Ordinance No. 21-00.
The Planning and Zoning Board considered the proposed rezoning at a public hearing on August 21,
2000, and voted 6 to 0 to recommend that it be approved. At first reading on November 21, 2000,
the City Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 33-00 on second and final reading 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) (Rezonmg Findings), and the goals, objectives and policies of
the Comprehensive Plan.
RefiAgmemo21.Ord.33-00.Steve Moore Chevrolet Rezoning
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. 3e~ 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 part, and
GC (General Commercial) District, in part; 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 1 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
B6ach 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 ½) of Block
120 (less the East 8 feet alley fight-of-way and the West 5 feet U.S.
Highway No. 1 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 right-of-way), all lying in Block 120, Town of Delray,
recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach
County, Florida.
Together with
Lots 1 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. 3ra 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 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.
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 £mal reading on this the
day of ~ 2000.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 33-00
AVENUE
BUD'S
RM
N
STEVE MOORE SITE & ADJACENT PROPERTIES
P, EZONING FROM: GC (GENEPCd.. COMMERCIAJ-) & AC (AUTOMOTIVE COMMERCIAL)
TO: CBD (CENTRAL BUSINESS D STRICT)
'PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
August 21, 2000
IV.E.3
Cit~ and Privately Initiated Future Land Usa Ma~ Amendment from GC (General
Commercial) & RDA-5 (Redevelopment Area-5) to CC (Commercial Core) and Rezoning
From GC (General Commercial) & AC (Automotive Commercial) to CBD Centrat Business
Distri~}, on the East and West sides of SE 5'* Avenue (Souti'~bound Federal Highway)
and SE ~'" Avenue (Northbound Federal Highway) Bet~veen S.F,. 3rd Street & S.F_. 4th
Street.
GENERAL DATA:
Owner ......................................... Vadous
Applicant ...................................... Steve Moore Chevrolet Delray,
inc. and David T. Harden, Cit7
Manager, City of Delray Beach
Location ...................................... Located on the F,ast and West
Sides of SE 5:" Avenue
(Southbound Federal Highway)
and SE 6~ Avenue (Northbound
Federat Highway) between
3rd Street & S.=. 4th Street.
Property Size .............................. 5.4 Acres
Existing F.L.U.M. Designation .... Gene, al CommerciaI &
Redevelopment Area # 5
Proposed F.LU.M. Designation.. Commercial Core
=-xisting Zoning ............................ AC (Amomotive Commercial) &
GC (General Commercial)
Proposed Zoning ......................... CBD (Central Business Distri~)
Adjacent Zoning ................. North: CBD
East:. R-I~AA (Single Family
Residential)
South: GC
West: R-I-A (Single Family Residential)
Existing Land Use ...................... Vacant Automobile Dealership &
Body Shop, Gene:al Commercial
and Residential Uses
Proposed Land Us-3 ....................Redevelopment of the Auto-
RelaTed Properties to
Mixed-Used (with P, esidentiaJ)
Development
Water Service ............................. Existing on site
Sewer Service ............................. =xistinB on site
AGENDA [TENt: 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
were 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:~UR.E~.~IzAND:! USE~iiMAP~AMENDMENT ANALYSIS I
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 Commercial). 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 Commercial 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:
[] 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 redeveloped 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 is 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 commemial 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 property is located immediately south of the CBD, 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 Rezonings 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 district 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 them 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 97/98.
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 $
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 (Residential 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 designation). However, the most
intense development scenario under either 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-I~AA) and west (R-I~A) are zoned
for single family residential development.
The lots lying on the west side of SE 5th 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 reducng conflicts with the adjacent commercial uses. The
ncludes retaining the existing commercial zoning for properties the along SE 5th Avenue
(southbound Federal Highway). The neighborhood to the east is considered to be
stable, although impacts from the commercial uses along Federal Highway, especially
the adjacent convenience store, have at times bben 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.
E] 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 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.
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 majodty 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, urban 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
development pattem, with one possible excePtion, that of maximum height. The
maximum height in both the CBD and GC zoning districts is 48', 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 Intraceastal 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 Jn 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 fur/her addressed at the time of site and
development plan review.
Section 2.4.5fD)(5) (Rezoninp Findinqsl:
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 housing 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 property is not within a geographical area requiring review by the
Downtown Development Authority or the Historic Preservation Board.
Community Redevelopment Agency'
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.
Cou ~..~.~Notices:
Courtesy notices have been provided to the following civic and homeowners
associations:
· Barrton Condominium
· Chamber of Commerce
· Churchill Condominium
· Marina Historic District
· Osceola Park
· Presidents Council
· PROD (Progressive Residents of Delray)
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and support, if any, will be presented at the
Planning and Zoning Board meeting.
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 wilt aid in the long
term revitalization of the downtown core.
A. Continue with direction.
P&Z Board Staff Report
FLUM Amendment and Rezonings for Steve Moore Chevrolet & Related Properties
Page 10
B. 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.
C. 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).
STAFE RECOMM'END~T-ION
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 properties located on the
east and west sides of SE 5th and 6th 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:
r~ Future Land Use Map
[3 Zoning Map
CIAL CORE
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
MAYOR AND CITY COMMISSIONERS
~CITY MANAGER
AGENDA ITEM /~./~ - REGULAR MEETING OF JANUARY 2, 2001
ORDINANCE NO. 1-01 (REFERENDUM ON LIBRARY PROPERTY]
DECEMBER 29, 2000
As you know, there has been discussion about the possibility of the Public Library relocating to
another site within the City. If this were to happen, the current library site would become available
for redevelopment purposes.
One of the deeds to the City for the library property contains a restriction that the land was conveyed
for municipal purposes and may not be sold or transferred by the City without first obtaining
permission from the qualified voters of the City at a special referendum election. The property in
question is the South 50 feet of Lot 8 and all of Lot 9, Block 101, Town of Dekay.
The City Attorney, in conjunction with outside counsel, has reviewed this issue and has determined
that a referendum election is the only viable option. The proposed ordinance provides for a special
election referendum to be held on this question on the March 13, 2001 municipal election ballot. If it
is passed on first reading, second reading and a public healing W~ll be scheduled for January 16, 2001.
This Will allow us to comply with deadlines established by the Supervisor of Elections for ballot
questions and provide sufficient time for related items such as noticing and formally calling for the
referendum.
Recommend approval of Ordinance No. 1-01 on first reading, and set a public hearing date of January
16, 2001.
Refi.:~grnernol4.Ordl-01 .Referendum on Library ProperS,
ORDINANCE NO. 1-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM
ON THE QUESTION OF WHETHER THE MAJORITY OF THE
QUALIFIED VOTERS OF THE CITY VOTING IN THE
REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT AND
PERMISSION FOR THE RELEASE OF ANY DEED RESTRICTIONS
AND FOR THE TRANSFER AND SALE OF PART OF THE
CURRENT LIBRARY PROPERTY LOCATED AT 29 S.E. 4TM
AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR A REFERENDUM TO VOTE ON THE QUESTION
OF THE RELEASE OF DEED RESTRICTIONS AND CONSENT AND
PERMISSION TO PERMIT THE TRANSFER AND SALE OF SAID
LANDS TO BE HELD ON MARCH 13, 2001; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, one of the deeds to the City for the library property provides
that certain lots and parts of lots are to be used for municipal purposes and not to be sold
or transferred by the City without first obtaining from the majority of qualified voters of
said City, permission to sell and convey said lands; and
WHEREAS, the restrictions set forth above are set forth in the Deed dated
June 15, 1936 to the City of Delray Beach on property legally described as the South 50
feet (S.50') of Lot Eight (8) and all of Lot Nine (9), Block One Hundred One (101) of the
Town of Delray, formerly Linton, according to the Plat thereof on file in the offices of the
Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at
Book 528, Page 137 of the Public Records of Palm Beach County; and
WHEREAS, it is anticipated that the current library property shall be
transferred and sold for redevelopment; and
WHEREAS, it is anticipated that the library will then be moved to other
property located within the City.
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 Delray Beach,
Florida, hereby incorporates the "Whereas" clauses set forth above and hereby
incorporates them herein in their entirety.
Section 2. That the City Commission of the City of Delray Beach seeks
the consent and permission of the majority of qualified electors of the City of Delray
Beach voting in the special election to transfer and sell the library lands described herein
pursuant to the terms of the deed recorded in Book 528, Page 137 of the Public Records
of Palm Beach County.
Section 3. That the consent and permission of the majority of the
qualified electors of the City of Delray Beach voting in a special election for the transfer
and sale of the current library lands as above described, shall be subject to a special
election and referendum on March 13,2001.
Section 4. The form of the ballot to be used in the referendum shall be as
follows:
Transfer of Library Lands
Question
Do you give your consent and permission to the release of any
restrictions in the deed and for the transfer and sale of the current
library land owned by the City as described more fully in
Ordinance No. 1-01, if the City of Delray Beach, the Delray Beach
Public Library Association or the Community Redevelopment
Agency of the City of Delray Beach acquires substitute lands for
the library within the City?
Shall referendum question set forth above be adopted?
YES [for approval]
NO [for rejection]
Section 5. Ifa majority of the qualified voters of the City of Delray Beach
actually voting in this referendum vote for the question, then it shall take effect
immediately on its passage. If a majority of the qualified voters of the City of Delray
Beach actually voting in this referendum vote against the question, then this ordinance
shall have no force and effect.
Section 6. That this ordinance shall become effective upon its passage on
second and final reading.
2 Ord. No. 1-01
on this the
PASSED AND ADOPTED in regular session on second and final reading
. day of ,2001.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
3 Ord. No. 1-01
[lTV OF DELRI:i¥ BEI:I[H
CITY ATTORNEY'S OFFICE
DELR^Y BEACH
AVENUE · DELRA~ BEACH, FLORIDA
Writer's Direct Line: 561/243-7091
il~J, medcaCity
1993
DATE:
TO:
MEMORANDUM
December 5, 2000
David Harden, City Manager
Alison Harry, City Clerk
FROM: Susan A. Ruby, City Attorney
SUBJECT: Library Land Matter
Our office, in conjunction with Bill Doney, have reviewed the legal issues created in one
of the library deeds and believe a referendum is the only viable option.
I have talked to John Callahan of the Delray Beach Library regarding the referendum. He
will be taking the attached, revised ordinance to the Library Board on December 20, 2000
for their review.
Alison Harty, City Clerk, has informed me that the ballot question must be in the Office of
the Supervisor of Elections by February 9, 2001. Therefore, Alison has suggested that a
first reading be held January 2, 2001 and the second reading on January 16, 2001.
Enclosed is a revised draf~ ordinance, resolution and Notice of Special Election for your
review and comment.
Please let me know if you require any changes.
Enclosure
CC:
John Callahan, Library Director
Bill Doney, Esq.
Diane Dominguez, Director, CRA
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM ON
THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED
VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL
ELECTION GIVE THEIR CONSENT AND PERMISSION FOR THE
TRANSFER AND SALE OF PART OF THE CURRENT LIBRARY
PROPERTY LOCATED AT 29 S.E. 4TM AVENUE AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A
REFERENDUM TO VOTE ON THE QUESTION OF THE CONSENT AND
PERMISSION TO PERMiT THE TRANSFER AND SALE OF SAID LANDS
TO BE HELD ON MARCH 13, 2001; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, one of the Deeds to the City for the library property provides that certain lots and parts
of lots are to be used for municipal purposes and not to be sold or transferred by the City without first
obtaining from the majority of qualified voters of said City, permission to sell and convey said lands; and
WHEREAS, the restrictions set forth above are set forth in the Deed dated June 15, 1936 to the
City of Delray Beach on property legally described as the South 50 feet (S.50') of Lot Eight (8) and all of
Lot Nine (9), Block One Hundred One (101) of the Town of Delray, formerly Linton, according to the Plat
thereof on file in the offices of the clerk of the Circuit Court in and for Palm Beach County, said deed
being recorded at Book 528, Page 137 of the Public Records of Palm Beach County; and
WHEREAS, it is anticipated that the current library property shall be transferred and sold for
redevelopment; and
WHEREAS, it is anticipated that the library will then be moved to other property located within the
City.
NOW, THEREFORE, BE iT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
Section 1.. That the City Commission of the City of Delray Beach, Florida, hereby incorporates
the "Whereas" clauses set forth above and hereby incorporates them herein in their entirety.
Section 2. That the City Commission of the City of Delray Beach seeks the consent and
permission of the majority of qualified electors of the City of Delray Beach voting in the special election to
transfer and sell the library lands described herein above pursuant to the terms of the deed recorded in
Book 528, Page 137 of the Public Records of Palm Beach County.
DRAFT
Section 3. That the consent and permission of the majority of the qualified electors of the City
of Delray Beach voting in a special election for the transfer and sale of the current library lands as above
described, shall be subject to a special election and referendum on March 13,2001.
Section 4. The form of the ballot to be used in the referendum shall be as follows:
Transfer of Library Lands
Question
Do you give your consent and permission to the release of any
restrictions in the deed and for the transfer and sale of the current library
land owned by the City as described more fully in Ordinance No. , if
the City of Delray Beach, the Delray Beach Public Library Association or
the Corranunity Redevelopment Agency of the City of Delray Beach
acquires substitute lands for the library within the City?
Shall referendum question set forth above be adopted?
YES [for approval] []
NO [for rejection] []
Section 5. If a majority of the qualified voters of the City of Delray Beach actually voting in
this referendum vote for the question, then it shall take effect immediately on its passage. If a majority of
the qualified voters of the City of Delray Beach actually voting in this referendum vote against the
question, then this ordinance shall have not force and effect.
Section 6.
reading.
That this ordinance shall become effective upon its passage on second and final
PASSED AND ADOPTED in regulex session on second and final reading on this the __
,2001.
day of
ATTEST:
MAYOR
City Clerk
First Reading.
Second Reading_
2 ORD. NO.
DRAFT
RESOLUTION NO. ,.'
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION
TO BE HELD ON MARCH 13, 200I, TO PROVIDE FOR A
REFERENDUM ON THE QUESTION PRESENTED IN ORDINANCE NO.
; PROVIDING FOR THE TIME, MANNER AND MEANS OF
HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND
AN EFFECTIVE DATE.
WHEREAS, Ordinance No. __ provides for a referendum on the question presented therein
regarding whether the majority of the qualified voters in the City voting in a special election consent and
give permission for the City to transfer and sell a portion of the current library property; and,
WHEREAS, the City of Delray Beach desires to call for a special election on the matter; and
WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a special
election and to provide all notices required in accordance with Article V, "Elections" of the Charter of the
City of Delray Beach and General Law; and
WHEREAS, the City Commission of the City of Delray Beach directs that the special election on
the ballot question proposed in Ordinance No. __ be held on March 13,2001.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission incorporates the "Whereas" clauses set forth above as if fully
set forth herein.
Section 2. That the City Commission authorizes the holding of a special election on the
referendum question presented in Ordinance No.
Section 3.
13, 2001.
That the City Commission hereby sets the date of the election to be held on March
Section 4. That the City Commission hereby authorizes the City Clerk to provide all notices and
to take all steps necessary to hold the referendum as hereby provided.
Section 5. That this resolution shall become effective immediately upon passage
PASSED AND ADOPTED this day of
,2001.
ATTEST:
MAYOR
City Clerk
DRAFT
NOTICE OF SPECIAL ELECTION
The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida
Statutes 100.32, that a special election shall be held on March 13, 2001 on the
referendum question purposed by Ordinance No. __ to wit:
Do you give your consent and permission to the release of any
restrictions in the deed and for the transfer and sale of the current libral'y
land owned by the City as described more fully in Ordinance No. , if
the City of Delray Beach, the Delray Beach Public Library Association or
the Community Redevelopment Agency of the City of Delray Beach
acquires substitute lands for the library within the City?
CITY OF DELRAY BEACH, FLORIDA
PUBLISH: The News
Alison MacGregor Harty
City Clerk
[This publication shall be made at least twice, once in the fifth week and once in the third week
prior to the week in which the referendum is to be held, at least 30 days prior to the referendum
date.]
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