Agenda Reg 06-03-03City of Delray Beach
Regular Commission Meeting
Tue d ne $ 200
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NV/1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be Hmited 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.
Comments and Inquiries on Non-Agenda Items from the Pubhc: 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 fight 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. ADDRESSINO TRE 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 shail be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish au~dliary 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.
2.
3.
4.
5.
ROT.T. C~T.T.
INVOCATION.
PLEDGE OF ALT.EGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
· May 20, 2003 - Regular Meeting
PROCLAMATIONS:
Recognizing and Commending Autobahn Motors
Recognizing Student Ambassadors: Linda Du, Noah Garbarino, Allison Lalane, Eva
Luo and Jessica Pisano
Recognizing and Commending Robert Banquet
Recognizing and Commending Mary Lee Keys
PRESENTATIONS:
Greater Delray Beach Chamber of Commerce - Delray Affair
Pine Grove Elementary School -Janet Meeks
CONSENT AGEND~ City Manager Recommends Approval.
FINAL SUBDMSION PLAT APPROVAL/LAK~WIEW APARTMENTS:
Approve the boundary plat for Lakeview Apartments, located along the east side of
th
S.W. 10 Avenue, south of Linton Boulevard.
FINAL SUBDIVISION PLAT APPROVAL/VII.! .AGE GRANDE; Approve the
boundary plat for Village Grande, located on the east side of N.E. 4th Avenue between
East Atlantic Avenue and N.E. Is' Street.
CONSENT TO ASSIGNMENT/GRUBBS EMERGENCY SERVICES, L_I._C.:
Approve Consent to Assignment with Gmbbs Emergency Services, L.L.C. which will
acquire the City's contract for disaster recovery services.
CONSENT TO ASSIGNMENT/A!.I.I~r.r} RECEIVAB!.F.$ FUNDING. INC.:
Approve Consent to Assignment with Allied Receivables Funding, Inc., which will
acquire thc City's accounts receivables payments for the collection of solid waste,
vegetative waste, and recycling.
06-03-2003
ACCEPTANCE OF EASEMENT DEED/ST. MARY'S ANGLICAN
CHURCH: Approve and accept an easement deed from St. Mary's Anglican Church
granting to the City the means to install/maintain a reclaimed water transmission main
and this easement will provide access from the Golf Course to Homewood Boulevard.
The City will pay the church $1,500.00. Funding is available from 441-5181-536-63.95
(Reuse Water System).
ACCEPTANCE OF A RIGHT-OF-WAY DEED/HENRY GARDNER:
Approve and accept a right-of-way deed with Mr. Henry Gardner for a portion of N.W.
5t~ Avenue and the adjacent sidewalk currently located on his property.
CHANGE ORDER NO. 2/FINAL PAYMENT/JOHNSON-DAVIS. IN(;,;
Approve Change Order No. 2 in the amount of a $44,014.00 decrease, and final
payment in the amount of $14,293.11 to Johnson-Davis, Inc. for the LWDD L-33
Canal Box Culvert Project. Funding is available from 334-6120-519-63.90 (New High
School Site/Other Improvements) and 442-5178-536-63.50 (Water Mains).
LANDSCAPE MAINTENANCE AGREEMENT/BOCA DELRAY ANIMAL
HOSPITAL; Approve a landscape maintenance agreement between the City of Delray
Beach and Boca Delray Animal Hospital for the installation of landscaping within the
Jefferson Road right-of-way.
SPECIAL EVENT REOUEST/$LIMMER NIGHTS: Approve a special event
request for the Summer Nights on the Avenue 2003 program, including temporary use
permit per LDR Section 2.4.6(H) for use of City property and right-of-way at various
locations, staff support for security and traffic control, street barricading, banner
hanging, stage set up/use, and clean up/trash removal, with payment to the City for
50% of overtime costs exceeding $5,000.00; contingent upon receipt of the hold
harmless agreement and certificate of insurance.
SPECIAL EVENT REOUEST/ART & JAZZ ON THE AVENUE: Approve and
endorse the Art & Jazz on the Avenue scheduled for June 26, 2003 from 6:00 p.m. to
10:00 p.m., granting a temporary use permit per LDR Section 2.4.60-t) for the closure of
Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue
from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic
Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street,
and authorize staff support for security and traffic control, banner hanging and removal,
barricade set-up/removal, trash removal and clean up, and use/set-up of City stages
with an overtime cap of $6,500.
REVIEW OF APPEALABLE IJtlqI) DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
May 19, 2003 through May 30, 2003.
06-03-2003
L. AWARD OF BIDS AND CONTRACTS:
Contract award to Aquifer Maintenance and Performance Systems in the
amount of $32,094.50 for the Rehabilitation of Production Well #22. Funding
is available from 442-5178-536-46.90 (Other Repair & Maintenance).
Purchase award to Otto Industries Systems in the amount of $23,988.00 for the
purchase of garbage carts with lids as a sole source pm:chase. Funding is
available from 433-3711-534-49.35 (Sanitation/Can Renewal and Replacement).
Contract award to Hardrives, Inc. in the amount of $109,545.00 for the paving
of roads within the City Cemetery. Funding is available from 334-6111-519-
63.90 (Cemetery Expansion).
Bid award to Motorola in the amount of $111,052.45 for the equipment,
engineering, installation, and programming of the two (2) channel expansion of
the 800 MHz public safety radio system. Funding is available from 115-2112-
521-49.90 (Police Department Federal Forfeiture Account).
REGULAR AGENDA:
CONDITIONAL USE REOUEST/WEATHERSPOON CAR WASH: Consider
a request for conditional use approval to allow the establishment of a self-serve car
wash facility to be known as Weatherspoon Car Wash, located on the west side of
North Federal Highway (2210 North Federal Highway), approximately 1,600 feet south
o f Gulf Stream Boulevard. (Qnasi-JudicialHearing)
ADOPTION OF THE SOUTHWEST NEIGHBORHOOD
REDEVELOPMENT PLAN: Approve and adopt the Southwest Neighborhood
Redevelopment Plan.
REOUEST FOR IN-LIEU PARKING SPACES/Ill EAST ATLANTIC
AVENUE: Consider a request by Craige's Furniture for the purchase of nine (9) in-
lieu parking spaces in the amount of $108,000.00. Craige's Furniture is located at 111
East Atlantic Avenue. (Quasi-JudicialHearing)
RESOLUTION NO, 32-03: Consider approval of the abandonment of a portion of
Wallace Drive right-of-way (formerly Germantown Road), located on the west side of
S.W. l0th Avenue, between S.W. l0th Street and Wallace Drive.
SPECIAL EVENT REOUEST/ANNUAL BED RACE: Consider a request for
special event approval for the Annual Bed Race sponsored by Pineapple Grove NP, Inc.
to be held August 30, 2003 and concerts to be held on August 29 and 30, 2003, granting
a temporary use permit per LDR Section 2.4.6(H) for the use and closure of N.E. 2'd
Avenue from 4:00 a.m. until 11:00 p.m. on August 30, 2003 and the closure of N.E. 1~t
Avenue from the ground of Old School Square to N.E. 1~t Street on Friday, August 29,
2003 from 6:00 a.m. until 11:00 p.m. on August 30, 2003; staff support for traffic
control and security, EMS assistance, barricade set up/removal, stage set up/removal,
trash clean up, and event signage; contingent upon the receipt of a certificate of liability
insurance and a hold harmless agreement with a change in the site plan to maintenance
a 14' clearance for emergency vehicles.
06-03-2003
10.
11.
12.
13.
APPOINTMENT OF OUTSIDE COUNSEL/FLORIDA BLACKTOP V, CITY
OF DELRAY BEACH: Consider appointment of Malcolm Cunningham of the
Cunningham Law Firm to act as outside counsel for the case of Florida Blacktop, Inc. v.
City of Delray Beach at a rate not to exceed $235.00 per hour.
PROPOSAL FOR SETTLEMENT/STATE FARM v. CITY; Consider
acceptance of proposal for settlement subject to the receipt of appropriate releases in
the State Farm v. City of Delray Beach case. Staff recommends acceptance.
PUBLIC HEARINGS:
ORDINANCE NO. 15-03 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Ordinance No. 7-03 amending Chapter 4,
"Zoning Regulations", of the Land Development Regulations by amending Section
4.4.9 (G)(2), "North Federal Highway Overlay District" to add self service storage
facilities as a conditional use and provide specific regulations, LDR Section 4.4.9
(G)(2)(c), for these facilities.
RESOLUTION NO, $7-05: Consider approval of Resolution No. 37-03 transferring
two lots to Habitat for Humanity of South Palm Beach County to be utilized for
affordable housing.
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.
FIRST READINGS:
ORDINANCE NO. 16-05; An ordinance rezonmg from AC (Automotive
Commercial) to GC (General Commercial) for a 0.759 acre parcel of land located at 909
S.E. 5th Avenue and S.E. 9~h Street for Gulf Stream Business Bank. If passed, a quasi-
judicial public heating will be scheduled for June 17, 2003.
ORDINANCE NO. 15-03: An ordinance amending the Land Development
Regulations Section 2.4.3 (K)(1) to provide for an increase in the development
application fees. If passed, a public hearing will be scheduled for June 17, 2003.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
PO8TED: MAY 30, 2003
06-03-2003
MAY 20~ 2003
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00
p.m., Tuesday, May 20, 2003.
1_. Roll call showed:
Present-
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent-
David T. Harden, City Manager
Also present were -
Robert A. Barcinski, Acting City Manager
Susan A. Ruby, City Attorney
Barbara Garito, City Clerk
2_. The opening prayer was delivered by Rabbi Dr. Howard Meridy, Chaplain for the
Delray Beach Police Department and Delray Beach Fire Rescue Department.
3-. The Pledge of Allegiance to the flag of the United States of America was given.
4__. ,AGENDA APPROVAl,
Mayor Perlman stated the applicant has requested that Item 9.B., Resolution No.
32-03 be postponed until June 3, 2003.
Mayor Perlman stated the applicant has requested that Item 9.D., Request for
Funding/Communit~ Neighborhood Helping, be removed from the agenda.
Mayor Perlman requested that a "motion to rescind" be added to Item 9.F.
Appointments to the Old School Square Master Plan Task Teai~,
Mr. Costin moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with
a 5 to 0 vote.
APPROVAL OF MINUTF,,q:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of May 6,
2003, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said
motion passed with a 5 to 0 vote.
Mr. Costin moved to approve the Minutes of the Special Meeting of May 13,
2003, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
PROCLAMATIONS:
6oAo
Code Enforcement Officers' Appreciation Week -June 2-7~ 2003
Mayor Perlman read and presented a proclamation hereby proclaiming June 2-7,
2003 as Code Enforcement Officers' Appreciation Week. Janet Meeks, Education Coordinator,
came forward to accept the proclamation.
PRESENTATIONS:
7oA.
City of Deiray Beach Residents Academy Certificates - Janet Meek~
Janet Meeks, Education Coordinator, stated she is here this evening to present
certificates to the fourth graduating class of the Residents Academy and noted that once again
this was a great group of residents who completed the academy. In addition, Mrs. Meeks stated
Ms. Butler asked her to personally thank all the Department Heads for their participation and
enthusiasm in the program.
Mrs. Meeks and Mayor Perlman presented the following individuals with City of
Delray Beach Residents Academy Certificates:
Mary Alford
Chris Andrews
Bob Chesla
Reginald Cox
Mike and Lisa Gorski
John and Charlotte Grove
Jeffrey Johnson
Suzanne Katz
Michael Keegan
Jeanne Lefkowitz
Dale Medeiros
Brent Metz
Andrea and Tom Rutherfoord
Patricia Schill
Dan and Donna Marie Sioan
Teresa Travatello
Edrise Turner
A! Williams
-2-
05/20/03
7.B. "I Love My Mom" Contest Winners - Delray Beach Parks and Recreation
Department
On behalf of the Parks & Recreation Department, the Out School Program and all
the children and parents, Rodger Ribeiro thanked the Commission for the quarterly presentation
on the essay contest, the drawing, and the coloring contest for "I Love My Mom" for Mother's
Day. Mr. Ribeiro introduced the following essay contest winners for April 2003 and they each
read their winning essays into the record.
Essay Contest Winners -April 2003:
Valera Mandujano (Community Center), Krystina Wright (Pine Grove), and Chanteira Perry
(Pompey Park)
Mayor Perlman introduced the following drawing and coloring contest winners
for April 2003:
Drawing Contest Winners -April 2003:
Community Center
Nancy Aguirre
Bianco Pierce
Acora Crawford
Ashley Gholston
Kattreona McGriff
Brittany Roxbury
Mikayla Holmes
Pine Grove
Nad De Rodriguez
Angela Noel
Eric Beauford
Juan Gonzales
Andrea Antoine
Chante Garrett
Estefania Marvin
Pompey Park
Jamer Braswell
Charles Sprenkel
Darien Witherspoon
Jason-Ray-Swaby
Carissa Lloyd
Todney Evans
Judeline Mesidor
Coloring Contest Winners - April 2003:
Community Center
Maria Saucedo
Jennifer Maldonado
Suxein Mendoza
Kimberly Hobour
Alexis Mendoza
Pine Grove
Novmon Hippih
Francisca Dieubon
Ismael Exahtus
Tayla Allen
Frank Barker
Pompey Park
Justin Elien
Harry Davis
Evena Elistin
Jerry Altemar
Brandi Peele
contest.
At this point, Mayor Perlman read all the remaining participants of the essay
7.C. Hamlet Country Club support of Delray Police and Fire-Resc::c
Departments - Perry DonFrancisco
Perry DonFrancisco, President of Delray Citizens for Delray Police, stated the
Hamlet Country Club has long been supporters of the Delray Beach Police Department and the
Fire-Rescue Department, Delray Citizens for Delray Police, along with the Delray Beach Public
-3-
05/20/03
Library and Hospice by the Sea. Mr. DonFrancisco stated the 22"a Annual Charity Event was
held this past February 7-9, 2003 and the fundraising was supported by member participation
events of golf, tennis, softball, a walk-a-thon, and an awards dinner. In addition, Mr.
DonFrancisco stated this year they solicited ads from merchants and members which are being
printed and added to their member directory.
Marcia Spear, 215 Hamlet Drive, Delray Beach (Co-Chair of the Annual Charity
Days), gave a brief presentation and presented checks to the following:
Major McCollum/Delray Beach Police Department - $12,500
Chief Kerry Koen/Delray Beach Fire-Rescue Department - $12,500
Perry DonFrancisco/Delray Citizens for Delray Police - $2,500
John Callahan, DirectoffDelray Beach Public Library - $5,000
Hospice by the Sea - $7,000
CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROVAL/DELRAY OUTPATIENT
PROPERTIES PLAT: Approve the boundary plat for Delray Outpatient Properties, located on
the north side of Linton Boulevard, approximately 640 feet east of Military Trail.
8.B. RESOLUTION NO. 36-03~ Approve Resolution No. 36-03 assessing costs for
action necessary to abate nuisances on seventeen (17) properties throughout the City.
The caption of Resolution No. 36-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY 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
ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN
UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
8.C
CHRIST:
(The official copy of Resolution No. 36-03 is on file in the City Clerk's Office.)
ACCEPTANCE OF EASEMENT AGREEMENT/LAKE IDA CHURCH OF
Approve and accept an easement agreement associated with the extension of a water
main for Lake Ida Church of Christ, located at the southwest comer of Lake Ida Road and
-4-
05/20/03
Roosevelt Avenue.
8.D DELRAY BEACH HOUSING RENAISSANCE PROGRAM/FIRST TIME
HOMEBUYERS/SWINTON GARDENS: Authorize and approve the execution of warranty
deeds with eleven (11) first time homebuyers for the construction of af_f__o, rdable single-family
homes in the Swinton Gardens Development; and the payment of developer s fees in the amount
of $28,000.00 for the eight (8) low-income applicants from the State Housing Initiatives
Partnership (SHIP) Program. Funding is available from 118-1924-554-83.01 (State Housing
Initiatives Parmership (SHIP) Program).
8.E. HOUSING REHABILITATION GRANT\CONTRACT AWARDS: Approve
Housing Rehabilitation grant\contract awards through Communitt[ Development Division in the
amount of $14,910.00 to Preston Construction (129 S.W. 11 Avenue) and $19,136.25 to
Craftsman Plus, Inc. (1327 Preston Street). Funding is available from 118-1963-554-49.19
(Community Development Block Grant) and 118-1924-554-49.19 (SHIP Housing Rehabilitation
Grant).
8.F. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant\contract award through Community Development Division in the
amount of $25,000.00 to Henry Haywood (413 S.W. 2na Street). Funding is available from 118-
1963-554-49.19 (Community Development Block Grant).
8.G. SERVICE AUTHORIZATION NO. 10/CH2MHII.L: Approve Service
Authorization No. 10 to CH2MHill in the total amount of $100,400.00 for the design of
hardscaping/landscaping and water main improvements along SW/NW 5th Avenue from S.W. 1st
Street to N.W. 2"a Street. The CRA will contribute $89,000.00 and the City will pay the
remaining balance of $11,400.00. Funding is available from 442-5178-536-63.50 (Water Line
Upgrades) for $11,400.00.
8.H. GRANT APPLICATION TO CHII,DREN,S SERVICES COUNCIL:
Authorize staff to submit a grant application to the Children's Services Council (CSC) for
funding in the approximate amount of $275,215.00 for the City's out of school program, day
camps and summer camp programs.
8.I_.a. PALM BEACH COUNTY SENIOR AIDES TRAINING ANII
EMPLOYMENT PROGRAM: Approve a contract between the City of Delray Beach and
Palm Beach County allowing the City to participate as a host agency for the County's Senior
AiDES Training and Employment Program at no cost to the City.
8.J. AMENDMENT NO. 1/NAMING RIGHTS CONSULTING
AGREEMENT/COCA-COLA AGREEMENT: Approve Amendment No. 1 to the naming
rights consulting agreement between the City of Delray Beach and Superlative Group, Inc.
providing for a ninety (90) day extension and approve Amendment No. 1 with Coca-Cola
Enterprises, Inc. for the same.
ITEM REMOVED.
-5-
05/20/03
8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period May 5,
2003 through May 16, 2003.
AWARD OF BIDS AND CONTRACTS:
Purchase award to Pierce Manufacturing/Ten-8 Fire Equipment, Inc. in the
amount of $551,311.00 for a 105-foot replacement aerial apparatus.
Funding is available from 501-3312-591-64.20 (Garage/Automotive).
Purchase award to Insight Public Sector in the amount of $23,534.00 via
the Florida State Contract #250-000-03-1 for a one (1) year warranty
extension for eighty-two (82) Police Department laptops. Funding is
available from 001-2113 -521-46.20 (Equipment Maintenance).
Contract award to TLC Diversified, Inc. in the amount of $263,859.00 for
the Rehabilitation of Lift Stations 19, 57, and 80. Funding is available
from 442-5178-536-61.83 (Lift Station Conversion to Submersible).
Purchase award to Atlantic Environmental in the amount of $22,995.00 for
the purchase of electrical control panels associated with the rehabilitation
of Lift Stations 19, 57, and 80. Funding is available from 442-5178-536-
61.83 (Lift Station Conversion to Submersible).
Purchase award to Southeastern Pumps in the amount of $21,312.00 for
the pumhase of submersible wastewater pumps and equipment associated
with the rehabilitation of Lift Stations 19, 57, and 80. Funding is available
from 442-5178-536-61.83 (Lift Station Conversion to Submersible).
Purchase award to Data Flow Systems in the amount of $38,285.00 for the
purchase of telemetry components associated with the Rehabilitation of
Lift Stations 19, 57, and 80. Funding is available 442-5178-536-61.83
(Lift Station Conversion to Submersible).
Purchase award to GameTime in the amount of $60,859.11 via Florida
State Contract #650-001-01-1 for playground equipment for Barwick
Park. Funding is available from 334-6112-572-64.33 (General
Construction Fund/Replace Playground Equipment) and 115-4101-572-
63.63 (Special Projects Fund/Veterans Park Playground).
Purchase award to multiple vendors in the amount of $92,000.00 for
medical/drug supplies for the Delray Beach Fire-Rescue Department.
Funding is available from 001-2315-526-52.20 (General Operating
Supplies).
Prior to the vote, Mr. Levinson commented about the SHIP Program and noted
that the City of Delray Beach leads the State in the SHI? Program. Mr. Levinson stated this is
one of the areas that the Governor is getting ready to cut in the State legislature budget.
Furthermore, Mr. Levinson stated this is an unfortunate situation and it will have a large impact
on the City of Delray Beach.
-6-
05/20/03
Mrs. Archer moved to approve the Consent Agenda, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
REGULAR AGENDA:
9oAo
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Consider approval of a proposed interlocal agreement between the City of Delray
Beach and the Community Redevelopment Agency (CRA) providing for the repayment of
advanced funding in the amount of $12,750.00 in support of the interim management assistance
to the Village Foundation.
Mr. Levinson moved to approve the Interlocal Agreement between the City of
Delray Beach and the CRA providing for the repayment of $12,750 advanced funding in support
of the interim management assistance to the Village Foundation, seconded by Mr. Costin. Upon
roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.B. RESOLUTION NO. 32-03: Consider approval of the abandonment of a portion
of.~Wallace Drive right-of-way (formerly Germantown Road), located on the west side of S.W.
10'" Avenue, between S.W. l0th Street and Wallace Drive.
The caption of Resolution No. 32-03 is as follows
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACAT1NG AND
ABANDONING A PORTION OF WALLACE DRIVE RIGHT-
OF-WAY (PREVIOUSLY GERMANTOWN ROAD) LOCATED
ON THE WEST SIDE OF S.W. l0TM AVENUE, BETWEEN S.W.
l0TM STREET AND WALLACE DRIVE, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY EASEMENT
OVER THE ENTIRE AREA THEREOF, AS MORE
PARTICULARLY DESCRIBED HEREIN.
(The official copy of Resolution No. 32-03 is on file in the City Clerk's Office.)
At the applicant's request, this item has been postponed to the regular meeting of
June 3, 2003.
9.C. OCEAN RESCUE CONTRACT AND MEMORANDUM OF
UNDERSTANDING~ LOCAL 1842~ IAFF: Approve the Ocean Rescue Contract and
Memorandum of Understanding requested by the Local 1842, IAFF effective October 1, 2001
through September 30, 2003.
-7-
05/20/03
Mrs. Archer moved to approve the Ocean Rescue Contract and Memorandum of
Understanding requested by the Local 1842, IAFF effective October 1, 2001 through September
30, 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Costin Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes. Said motion passed with a 5 to 0 vote.
9.D. REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HEI,PING:
Consider approval of a request from Community Neighborhood Helping for financial support in
the amount of $2,500 for their Glory Awards Event to be held on June 6, 2003.
At the applicant's re ucst,
q this item has been removed from the regular agenda.
9.E. RESOLUTION NO. 28-03 (MID-YEAR BUDGET ADJUSTMENT):
Consider approval of a resolution making mid-year adjustments to thc adopted budget for FY
2003.
The caption of Resolution No. 28-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 77-
02 ADOPTED SEPTEMBER 17, 2002, WHICH MADE
APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY
EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA,
FOR THE FISCAL YEAR 2002/2003, BY SETTING FORTH THE
ANTICIPATED REVENUES AND EXPENDITURES FOR THE
OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR
2002/2003; REPEALING ALL RESOLUTIONS INCONSISTENT
HEREWITH.
(The official copy of Resolution No. 28-03 is on file in the City Clerk's Office.)
Joseph Safford, Finance Director, explained the changes that are needed to
supplement the budget at mid-year in order to balance the budget with transactions that have
occurred during the first six months of the year. Mr. Safford stated there is a $19 million
adjustment with a little over $18 million of this due to the refunding bond issue. Mr. Safford
stated overall the city has a net present value savings of approximately $2 million. He also noted
the city has generated approximately $1,257,000 in cash used for various purposes.
Mr. Levinson stated he feels the city is in great shape partly because the city has
received additional grants and budgeted very conservatively.
Mr. Safford stated whenever the city receives a grant in the middle of the budget
year that is not anticipated, the grant revenues have to be increased along with the grant expense.
With regard to grants, Mr. Safford explained if looking at "revenues" you would see half and
would have to look in "expenses" to see the offset.
-8-
05/20/03
Mayor Perlman inquired about the parking fines decreasing. In response, Mr.
Safford stated this fluctuates quite a bit and the decrease could be in part due to the collection
effort. Mr. Safford the City of Delray Beach has been working on finalizing a contract for a
collection agency to take all the delinquent parking tickets and to go after the collection of these
tickets.
Mr. Costin moved to approve Resolution No. 28-03, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0
vote.
9.F. APPOINTMENTS TO THE OLD SCHOOL SQUARE MASTER PLAN
TASK TEAM: Appoint seven (7) members to the Old School Square Master Plan Task Team.
According to Resolution No. 33-03, each member of thc City Commission will appoint members
to thc Old School Square Master Plan Task Team. Based on the rotation system, the
appointments will bc made by Commissioner Costin (Scat #I), Commissioner Archer (Seat #2),
Commissioner Lcvinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat
#5).
Prior to the vote, brief discussion by the Commission ensued:
Mrs. Archer asked for clarification about the motion to rescind Resolution No. 33-
03. In response, the City Attorney stated the first motion would be to rescind Resolution No. 33-
03 which was previously enacted and the second motion would be whether to approve additional
resolutions or not.
Mr. Levinson stated he spoke to the City Attorney when the issue of the property
owners creating a conflict was brought to his attention. Mr. Levinson stated the original intent of
Old School Square was to look at their Master Plan specifically as it related to the adjacent
property owners and how they would either expand to those properties or how they would utilize
those properties. Mr. Levinson stated he does not see that creating a task fome for that purpose
provides anything that they cannot do on their own. Mr. Levinson stated that Old School Square
can meet with the property owners at any time with or without the direction of the Commission
and reiterated he does not feel a task force is necessary.
Mr. Costin moved to approve to RESCIND Resolution No. 33-03, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
Prior to the second motion, Mrs. Archer asked for clarification regarding this
motion and how it would approve a task team without the addition of property owners from Old
School Square. Mrs. Archer stated since she was not at the Special Meeting where this was
discussed, she inquired about the original intent of establishing the task team. In response, Mr.
Levinson stated originally Old School Square requested the task team as a way to move forward
their Master Plan process. Mrs. Archer stated she can see a viable reason why Old School
Square may want to have such a task team because it would provide an opportunity for additional
05/20/03
input through other boards throughout the city. Since Old School Square receives much of its
funding from the city, she can see why it would be an opportunity from them to have input from
other individuals. Mrs. Archer stated she is not in favor of abolishing the team but whether or
not the city would want to have input from individuals who own businesses in the city. If Old
School Square wanted some sort of input from individual business leaders her premise would be
to select business leaders that did not have any impact of where the location of the garage would
be. Mr. Levinson stated the Master Plan is not about only constructing a garage it is about Old
School Square's expansion of city owned land and how that would happen.
Mr. Costin stated this will not preclude the property owners from making a
presentation to the task force as to what they envision with their properties. Furthermore, Mr.
Costin stated he does not feel the property owners should be a part of the decision making
process that will guide the vision of Old School Square. However, Mr. Costin stated he feels
they should come in rather as outsiders and make a presentation to the task force as to how they
see the block developing.
Dr. Jay Alperin, Vice President of Old School Square, stated the reason Old
School Square brought this request to the Commission to form a task force is because they did
not feel they had the impact necessary to create the kind of unity and group to make this happen.
Dr. Alperin continued to state that by having a task force with people who are appointed by the
City Commission, they will most likely attend on a regular basis. Dr. Alperin stated Old School
Square needs the support of the city because there will be a need to acquire certain pieces of
information that is going to be more difficult for an individual or organization to obtain. Dr.
Alperin stated the project involves a parking garage, a park, and museum which is a major
impact for the downtown and the entire city. Dr. Alperin stated he feels this needs to be a city
driven task force so that Old School Square has the full support of the Commission and the
people.
Mr. Costin moved to approve Resolution No. 38-03 establishing the Old School
Square Master Plan Task Team without business representation, seconded by Mrs. Archer for
discussion. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - No. Said motion passed
with a 4 to 1 vote.
Mr. Costin moved to appoint Howard Ellingsworth as the Community
Redevelopment Agency (CRA) representative to the Old School Square Master Plan Task Team,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
Mrs. Archer moved to appoint Rita Ellis as the Downtown Development
Authority (DDA) representative to the Old School Square Master Plan Task Team, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed
with a 5 to 0 vote.
-10-
05/20/03
Mr. Levinson moved to appoint Jay Alperin as the Old School Square
representative to the Old School Square Master Plan Task Team, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0
vote.
Ms. McCarthy moved to appoint Nancy Stewart as the Pineapple Grove Main
Street representative to the Old School Square Master Plan Task Team, seconded by Mr. Costin.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
Mayor Perlman stated he wished to appoint Robert A. Barcinski (City staff) as a
member to the Old School Square Master Plan Task Team. Mrs. Archer so moved, seconded by
Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed
with a 5 to 0 vote.
Mr. Costin moved to approve to waive the conflict that may arise by having Mr.
Barcinski (City staff) as a member to the Old School Square Master Plan Task Team, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
At this point, the time being 7:20 p.m., the City Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.__:
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 6-03: An ordinance amending the Land Development
Regulations Section 4.4.13 (G)(1)(e), "Supplemental District Regulation" within the Central
Business District and Section 4.6.9, "Off-Street Parking Regulations" to provide regulations for
the location and accessibility of guest parking spaces. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public heating has been scheduled to be held at this
time.
The caption of Ordinance No. 6-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS"; SECTION
4.6.9, "OFF-STREET PARKING REGULATIONS",
SUBSECTION (C), "NUMBER OF PARKING SPACES
REQUIRED", SUB-SUBSECTION (2), "REQUIREMENTS FOR
RESIDENTIAL USES", TO PROVIDE REGULATIONS FOR
-11-
05/20/03
THE LOCATION AND ACCESSIBILITY OF GUEST
PARKING SPACES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy &Ordinance No. 6-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 6-03, the public hearing was closed.
Mr. Costin moved to adopt Ordinance No. 6-03 on Second and FINAL Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said
motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 15-03 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Ordinance No. 7~03 amending Chapter 4, "Zoning Regulations", of the
Land Development Regulations by amending Section 4.4.9 (G)(2), "North Federal Highway
Overlay District" to add self service storage facilities as a conditional use and provide specific
regulations, LDR Section 4.4.9 (G)(2)(c), for these facilities. If passed, a quasi-judicial second
public hearing will be scheduled for June 3, 2003. Prior to consideration of passage of this
ordinance a first reading/first public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 15-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMEND1NG
ORDINANCE NO. 7-03, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", ARTICLE 4.4, "BASE ZONING
DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL
(GC) DISTRICT", SUBSECTION (G)(2), "NORTH
FEDERAL HIGHWAY OVERLAY DISTRICT", TO ADD
SELF SERVICE STORAGE FACILITIES AND ADDING
SUBSECTION (c) PROVIDING SUPPLEMENTAL
REGULATIONS FOR SELF SERVICE STORAGE
FACILITIES; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
-12-
05/20/03
(The official copy of Ordinance No. 15-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated on April 15, 2003, the City
Commission approved Ordinance No. 7-03 and directed staff to review the parking requirements
which was proposed at zero spaces in the original ordinance. Staff conducted a review of the
national parking requirements for self service storage facilities and determined that a more
accurate way to judge the required parking spaces would be to base it on the number of storage
units as they will directly affect the traffic demand.
To further support this recommendation staff reviewed the traffic generation rates
contained in the sixth edition of the Institute for Traffic Engineers Manual. As indicated in the
City Commission documentation, the traffic generation ranges between 13.5 and 48 trips per
hour. Mr. Dorling stated given these numbers the provision of 1 space per 50 storage units
appears reasonable (24 spaces in this case).
Mayor Perlman declared the public heating open.
Jason Mankoff, Attorney with Weiner & Aronson representing the applicant,
stated they reserve all rights this evening and will address the quasi-judicial heating on second
reading (June 3, 2003).
There being no one who wished to address the Commission regarding Ordinance
No. 15-03, the public heating was closed.
Mr. Costin moved to adopt Ordinance No. 15-03 on First Reading/First Public
Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
.10.C. ORDINANCE NO. 10-03: An ordinance amending the Land Development
Regulations Section 4.5.1 (M), "Tax Exemption for Historic Properties" to provide clarification
to the tax abatement process/applicability and to be consistent with the Florida Administrative
Code. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a
public heating has been scheduled to be held at this time.
The caption of Ordinance No. 10-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, BY AMENDING CHAPTER 4, "ZONING
-13-
05/20/03
REGULATIONS", SECTION 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTS", SUBSECTION
(M) "TAX EXEMPTION FOR HISTORIC PROPERTIES", TO
PROVIDE CLARIFICATION TO THE TAX ABATEMENT
PROCESS AND APPLICABILITY, AND TO BE
CONSISTENT WITH THE FLORIDA ADMINISTRATIVE
CODE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 10-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public heating was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this ordinance closes some
of the "loop holes" with respect to what qualifies for tax abatement to limit it to contributing
structures and contributing accessory structures.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 10-03, the public heating was
closed.
Mr. Levinson moved to adopt Ordinance No. 10-03 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 11-03: An ordinance amending Chapter 91, "Animals" of
the City's Code of Ordinances by amending Section 91.02, "Livestock and Poultry", Section
91.25, "Vicious Dogs; Muzzles", Section91.26, "Report of Dog Bites Required", Section 91.28,
"Impoundment; Disposition", and Section 91.42, "Impoundment Authorized; Disposition" to
accurately reflect the department/designees responsible for handling animal complaints and
impoundment issues; and provide for an impoundment fee of $10.00. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public heating has been scheduled to
be held at this time.
The caption of Ordinance No. 11-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AMENDING TITLE
IX, "GENERAL REGULATIONS," OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING CHAPTER 91, "ANIMALS", SECTION 91.02,
"LIVESTOCK AND POULTRY; IMPOUNDMENT",
PROVIDING AN EXCEPTION FOR AGRICULTURE
-14-
05/20/03
ZONING DISTRICTS; AMENDING SECTION 91.25,
"VICIOUS DOGS; MUZZLES", AMENDING SECTION
91.26, "REPORT OF DOG BITES REQUIRED", AMENDING
SECTION 91.28, "IMPOUNDMENT; DISPOSITION";
AMENDING SECTION 91.42, "IMPOUNDMENT
AUTHORIZED; DISPOSITION", PROVIDING FOR
REFERENCES TO THE ANIMAL CONTROL OFFICER
INSTEAD OF CITY; PROVIDING FOR REFERENCES TO
CATS AND DOGS INSTEAD OF ANIMALS AND
INCREASING THE DISPOSAL FEE FROM $5 TO $10;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 11-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one who wished
to address the Commission regarding Ordinance No. 11-03, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 11-03 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes.
Said motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 12-03: An ordinance amending Chapter 35, "Employee
Policies and Benefits" of the City Code of Ordinances by amending Section 35.056 "Designation
of Personnel as Critical to Security" to provide for fingerprinting and background checks for all
unescorted private contractors, vendors, repair, and delivery personnel with access to publicly
operated facilities within municipalities designated as critical to security. Prior to consideration
of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled
to be held at this time.
The caption of Ordinance No. 12-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", BY AMENDING SECTION 35.056,
"DESIGNATION OF PERSONNEL AS CRITICAL TO
SECURITY", TO PROVIDE FOR FINGERPRINTING AND
BACKGROUND CHECKS FOR ALL UNESCORTED
PR1VATE CONTRACTORS, VENDORS, AND REPA1R AND
-15-
05/20/03
DELIVERY PERSONNEL WHO HAVE ACCESS TO ANY
PUBLICLY OPERATED FACILITIES, WHICH ARE
DESIGNATED AS CRITICAL TO SECURITY; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 12-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. Them being no one who wished
to address the Commission regarding Ordinance No. 12-03, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 12-03 on Second and FINAL Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
I1. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
ll.B. From the Public.
ll.B.1. Terrence Rothman~ {homeless), referred to the fact that the City Commission
Meeting was opened with a prayer and the Pledge of Allegiance to the Flag. Mr. Rothman stated
he was arrested in the Delray Beach Public Library and spent 19 days in the Palm Beach County
Detention Center. Mr. Rothman stated he did not create a disturbance and noted the charges
were dropped. Mr. Rothman stated he feels his civil rights were violated and suggested the city
initiate a "Mediation Board" to help prevent incidents such as this from happening.
ll.B.2. Kenneth Gra¥~ 696 Udeli Lane~ Delra¥ Beach~ stated on Lake Ida Road from
Military Trail to Congress Avenue the speed limit is 35 mph and commented since the new
construction has been completed about 8 out of 10 cars exceed the speed limit. Mr. Gray urged
the city to enforce the speed limit to help slow people down and prevent them from speeding.
Secondly, Mr. Gray stated with regard to the relocation of Atlantic High School
the residents of Delray Shores and Sudan are concerned about how the school will impact their
neighborhoods. Mr. Gray reiterated that the residents of Delray Shores and Sudan do not want to
inherit any problems from the school being relocated.
ll.B.3. Joyce Parker, 210 Davis Road~ Delra¥ Beach, (2 houses from Owens Barker
Road) stated there will be night school at Atlantic High and other activities and commented that
some students will be driving to school. Ms. Parker stated she feels that Davis Road is too
-16-
05/20/03
narrow and expressed concern for the safety of the children who play in the neighborhood. Ms.
Parker inquired whether or not the buses and other traffic will be traveling on Davis Road.
Mr. Levinson stated the buses will travel on Davis Road and the students will be
access the school off the Atlantic Avenue entrance and the buses will access the north from the
north end. Mr. Levinson stated the total number of buses is not yet known but it will be some
number less then are currently there.
ll.B.4. Patricia Wrighh 255 N.W. 14th Avenue~ Delray Beach~ stated she believes that
the property on the comer of N.W. 3ra Street and N.W. 15th Avenue belongs to the City and
would like to know why this property is never cleaned.
ll.B.5. Alice Finsh 707 Place Tavanh Delra¥ Beach, stated Lake Ida has never been
finished and commented that she has requested reflectors be placed on the ends of thc medians.
Mrs. Finst continued to state that while driving in one direction people are flashing their high
beams from the opposite direction and she feels it is not safe. Mrs. Finst stated Lake Ida Road is
a moving parking lot between the hours 7:30 a.m. - 8:00 a.m. and concurred with comments
expressed by Mr. Gray regarding the speeding on Lake Ida Road. Mrs. Finst stated something
needs to be done to enforce the speed limit in this area.
Secondly, Mrs. Finst inquired about the landscaping on Lake Ida Road.
Mrs. Finst stated during the process of the road widening at Lake Ida Road and
Barwick Road the pedestrian lights were taken out. Mrs. Finst stated a young child has requested
that signal lights be put back in so that someone can have safe access to the park.
Mayor Perlman stated there has been correspondence sent to Mrs. Finst and noted
that Lake Ida Road is a county road and urged Mrs. Finst to contact her County Commissioner.
Mayor Perlman stated he is in constant contact with both the Palm Beach County Commissioner
and the Palm Beach County Engineer along with anyone he can get in touch with on a regular
basis trying to move this along. However, Mayor Perlman stated there is nothing he can do to
(i.e. landscape medians, install reflectors) and he is trying to lobby the County to complete this
project. Mayor Perlman stated that Mrs. Finst contact Palm Beach County Commissioner Mary
McCarty or Palm Beach County Commissioner Addie Greene.
ll.B.6. John Bennett, 137 Seabreeze Avenue, Delray Beach, stated he has been asked
to provide the Commission with reminders of invitations that they should have already received
and to also invite others to various events in connection with Memorial Day. Mr. Bennett stated
there will be a Memorial Day Picnic on Saturday, May 24, 2003 from 2:00-6:00 p.m. with live
music from 4:00-8:00 p.m. hosted by American Legion Post 65. Mr. Bennett stated on Monday,
May 26, 2003, at 9:30 a.m. there will be a Memorial Day observance at the Delray Beach
Memorial Cemetery which will be hosted by the American Legion Post #65 & #188. Mr.
Bennett stated at Veteran's Park at 11:00 a.m. there will be an observance hosted by the
Veteran's of Foreign Wars and at Noon a spaghetti dinner at American Legion Post #65. Mr.
Bennett stated the significance of Memorial Day was originally set aside to honor those who
gave "their last measure of devotion to their country" (quote from Abraham Lincoln). Mr.
-17-
05/20/03
Bennett read into the record names of those soldiers who lost their lives in war (a copy is
attached hereto and made an official part of the minutes).
ll.B.7. Zsa Zsa Miller ~ 351 Ross Drive~ Delray Beach~ stated currently there is only
one way in and one way out of the Sudan neighborhood and asked when there will be another
exit. Ms. Miller stated she foresees that by bringing the buses through the neighborhood via
Davis Road this could potentially cause a number of problems. Ms. Miller stated currently there
is no red light to help control the traffic entering and exiting Davis Road and she would like to
know what is going to be done about this because she feels the neighborhood will be
substantially impacted by the relocation of the high school.
Mayor Perlman suggested that Lula Butler, Director of Community Improvement,
meet with the homeowners' associations for Delray Shores and Sudan neighborhoods to see what
the full impact will be, how many buses will traveling via Davis Road, what the entrance points
will be, share the site plan with the residents, and address their questions and concerns. Mayor
Perlman stated he will be more than happy to accompany Ms. Butler.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to prior concerns expressed by Mrs. Finst about Lake Ida Road, the
Acting City Manager stated Lake Ida Road is still under Palm Beach County contractor's control
which includes the median. The City of Delray Beach cannot start the landscaping until Palm
Beach County has finalized the road project and release the contractor. The Acting City
Manager stated the city is ready to begin landscaping as soon as Palm Beach County finalizes the
road project. In addition, the city understands FPL is going to begin their street light upgrading
on the existing lights and will increase the lumens and this work will start in the next couple of
weeks.
FIRST READINGS:
None.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS,
13.A. Cit~ Manager.
Robert Barcinski, Acting City Manager, stated as a follow-up to comments
expressed by Mr. Levinson at the meeting of May 6, 2003, the City has contacted Autobahn
Motors and will present them with a proclamation at the regular meeting of June 3, 2003.
13.B. City Attorney.
The City Attomey had no comments or inquiries on non-agenda items.
-18-
05/20/03
13.C.
13.C.1.
Cit~ Commission.
Commissioner Archer
With regard to Item 9.B., Abandonment of a portion of Wallace Drive, Mrs.
Archer stated she happen to be in the proximity twice and both times saw an individual cut down
thc right-of-way that is not in use because of traffic build up. Mrs. Archer suggested that the
City put a barrier there so that thc appropriate road is used rather then the cut-through by the
convenience store.
Secondly, Mrs. Archer stated she was in Philadelphia for a family reunion and
everyone knew where Delray Beach is located.
13.C.2.
Commissioner Costin
Mr. Costin stated he attended the Mayor's Interfaith Prayer Breakfast and
commented that it was extremely well attended and the Mayor's presentation was very touching.
Secondly, Mr. Costin stated he had the opportunity to go by the Courthouse where
the county had a representation of artists to look over the site for the artwork that is to be
commissioned for the Courthouse. Mr. Costin stated there were approximately two dozen artists
there and he feels confident with the help of Mr. Weiss and Palm Beach County that there will be
something forthcoming for that piece of artwork that will be significant for the entire
community.
Mr. Costin stated he attend the Fishing Derby at Lake Ida and commented that
this is a great program for the children.
Mr. Costin stated he attended the Haitian Flag Day celebration and noted that the
event was attended by thousands of people. Mr. Costin stated he is extremely impressed with the
young people who take exception to celebrate their heritage.
Mr. Costin stated he attended the event at the Ritz Carlton where former
Commissioner David Randolph was honored. Mr. Costin stated this event was very well
organized, well attended, and commented that the entertainment was wonderful.
13.C.3.
Commissioner McCarthy
Ms. McCarthy apologized for missing the Mayor's Interfaith Prayer Breakfast and
stated she has heard rave reviews.
Ms. McCarthy stated she too attended the "Man of the Year Award" event held at
the Ritz Carlton where they were recognizing among others a former Commissioner and Vice
Mayor David Randolph.
Ms. McCarthy stated during the next quarter the TED Center in Delray is going to
be competing with other non-profit organizations through the National Organization of Realtors
-19-
05/20/03
and will be looked at to see if they will be used for creative ventures such as creating diverse
housing and incorporating comanercial with residential.
Ms. McCarthy stated when the new construction began on Lake Ida Road one of
the entrances/exits for the Sudan neighborhood was closed. Ms. McCarthy stated the high school
was not approved and in place and noted that the high school came into play afterward.
Therefore, Ms. McCarthy stated this has changed the dynamics with regard to the number of
trips for the Sudan subdivision. Ms. McCarthy suggested reviewing the new dynamics that have
been created due to there originally being two entrances and now there is only one.
Mr. Levinson stated the Palm Beach County Engineering Department has already
scheduled a traffic count study.
13.C.4.
Commissioner Levinson
Mr. Levinson stated he too attended the Haitian Flag Day celebration and
commented that thousands of people were there and he feels the event was a great success.
Mr. Levinson stated the skate park is looking neat and this will be exciting once
this is up and nmning.
Mr. Levinson stated the Chatelaine Strategic Task Team seams to have gotten
bogged down in talking to staff. Mr. Levinson stated he has been receiving telephone calls from
other neighborhoods who would like to be in place of Chatelaine in terms of the order of priority.
Mr. Levinson stated there are neighborhoods that were not in the first five that would like to get
the money or have at least implied that their neighborhood associations are ready to work
together to get things done. Mr. Levinson stated it may be time to allocate some additional
neighborhoods and asked staff to let the Commission know the status of this.
Mr. Levinson stated he previously suggested the city should have a "rumor
control hotline" and stated one of the reasons that Sudan and Delray Shores is having some
problems in terms of understanding what is going on is because he has been told by some
residents that some people have been knocking on doors alarming residents about alleged
problems that are going to happen as a result of the Atlantic High School relocation. Mr.
Levinson suggested that the "rumor control hotline" be enacted so that people from any
neighborhood or business can pick up the phone and call and get a human voice that will then
refer them to someone who can accurately answer their questions and/or concerns in a timely
manner. Mr. Levinson suggested that this be reviewed for the website and City Hall.
Mr. Levinson thanked Connie Barcinski for giving up her 31st Wedding
Anniversary dinner for her husband Robert Barcinski to attend the meeting this evening.
Mr. Levinson stated the City Manager today celebrates his 13th anniversary with
the City of Delray Beach.
-20-
05/20/03
13.C.5.
Mayor Perlman
Mayor Perlman stated EPOCH held its first Annual Mayor's Interfaith Prayer
Breakfast this morning and what they wanted to do was bring the pastors from throughout the
community to inform them about what is happening at the Spady Museum and encourage the
churches and synagogues to become members of the museum and also encourage their
parishioners to become involve. Mayor Perlman stated the breakfast was very well done and
well attended.
Mayor Perlman announced that Reverend John W.H. Thomas, Jr. from St. Paul's
Missionary Baptist Church is celebrating 44 years with the congregation and suggested that he be
recognized with a proclamation.
Mayor Perlman stated he attended the Florida Trust for Historic Preservation
Conference in Daytona and commented next year this conference will be held in Delray Beach.
Mayor Perlman congratulated Glenn Weiss who was marred Friday.
Mayor Perlman stated a group of people from Broward, St. Lucie, Martin,
Brevard and Palm Beach County came to Delray last week and noted that this was coordinated
by FAU. Mayor Perlman stated these people took a walking tour and were very impressed with
the downtown.
Mayor Perlman stated the CRA has put up approximately $36,000 to do a
community outreach effort for the Downtown Master Plan. Mayor Perlman stated as large of a
turnout that there has been in terms of people being involved in the Charrette, there is still a great
many people who do not know about the Downtown Master Plan. Mayor Perlman stated
applications have been submitted by several firms and a decision will be made in June.
Mayor Perlman thanked Vice Mayor Levinson and Commissioner Costin for
attending the Haitian Flag Day celebration because he was in Daytona.
Mayor Perlman thanked everyone for putting forth their names for the Leadership
Summit in June.
Mayor Perlman stated he was contacted by a group called the Commemial Real
Estate Women Crew and commented that they will be coming to Delray Beach in June or July
and will do a panel at the Marriott. Mayor Perlman stated there will many people who are in
commemial real estate wanting to know the "Delray Principles".
Mayor Perlman commented about the Boy Scouts that have been attending the
last few Commission Meetings and was informed the Boy Scouts are attending these meetings
because this is one of the requirements for them to obtain their merit badge.
Mayor Perlman stated he met with Congressman Shaw's office last week
regarding some federal funding for the city and stated the advice he was given was that there are
certain things that can be done such as letters and telephone calls. For next year, Mayor Perlman
-21-
05/20/03
stated Congressman Shaw's advice was to have elected officials in Washington, D.C. in
February because this is when the appropriations process begins. Although Langton &
Associates is doing some things for the city, Mayor Perlman stated he was informed it is still
good forum for the elected officials to introduce themselves and build a report with the
Congressman.
There being no further business, Mayor Perlman declared the meeting adjourned
at 8:20 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on May 20, 2003,
which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions as set forth
above.
-22-
05/20/03
MARVIN MILTON
LONEY MYERS
HARRY FISH
HARRY Ol I,I~R
GEORGE H. REII.Pa'
HOWE! I. JONES
BEN F. MCINTOSH
BRADI.I~Y O'NEAL
BENJAMIN F. JETTON
SHELTON LAMB, JR.
LOGAN MCNEIL
ALFRED F. PRIEST
CHARLES L. VREELAND
JOHN JUPINKO
ARTHUR SPROTT, JR.
FORM 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP OR INTEREST
~AST NAME - r~ ~ NAME - MIDDLE INITIAL OFFICE I POSITION HELD
Barcinski, Robert A. Assistant City Manager
100 NW 1st Avenue Old School Square Master Plan Task
COUNTY ~*DDRE S OF AGENCY
:n~Delray Beach zm33444 Palm Beach ~1 N. Swinton Avenue, Delray Beach,
'L 33~
HOW TO COMPLETE AND FILE THIS FORM:
~arts A and B of this form serve two different purposes. Part A is for advisory beard members who w shm ,,~ ~,n o,=m~,*~on n the
~thics laws that m apphcable only to edwsory beard members. Part B is for public offiJ:ers and e~wish to useJa sepa-
ate exemption that is applicable when the business entity involved is the sole source J3f supply w~'thTn'~h-e'lSo'l;~cal subdivisiJ)n. In
order to complete and file this form: / "~/'~Zq/~
: F,,,ou, P. A or ... E, ., app,,cab,a. | cr CLm /
Sign and date the form on the reverse side.
File Part A with the appointing body or person that will be waiving the restrictions of 112.313(3) or (7), Fla. Stat.,
prior to lhe waiver.
Flla Part B with the govemlog body of the political subdivision in which the reporting person is sewing, prior to the
transaction.
PART A - DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER
WHO MUST COMPLETE THIS PART:
Sections 112.313(3) and 112.313(7), Florida Statutes, prohibit certain business relationships on the port of public officers
end employees, looioding persons serving on advisory boards. See Part til, Chapter 112, Florida Statutes, ond/or the
brochure entitled 'A Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees" for more
details on these prohibitions. However, Section 112.313(12), Flodda Statutes, permits the appointing official or body to
waive these requirements in a particular instance provided: (a) waiver by the appointing body must be upon a two-thirds
affirmative vote of that bedy; or (b) waiver by the appointing person must be effected after a public beadng; and (c) in either
case the advisory beard member must fully disclose the transaction or relationship which would otherwise be prohibited by
Subsections (3) of (7) of Section 112.313, Flodda Statutes. This Part of Form 4A has been prescribed by the Commission
on Ethics for such disclosure, fiend when applicable to an advisory beard member.
=LEASE COMPLETE THE FOLLOWING:
1. The partnership, directorship, proprietorship, ownership of a material interest, position of officer, employment, or contractual
relationship which would otherwise violate Subsection (3) or (7) of Section 112.313, Florida Statutes, is held by [please
check appticeb~e spece(s)]:
( :~ The reporting person;
( ) The spouse of the reporting person, whose name is
( ) A child of the reporting person, whose name is
; or
2. The porticular transection or relationship for which this waiver is sought involves [check applicable space]:
( ) Supplying the following realty, goods, end/or services:
~ ) Regulation of the business entity by the governmental agency served by the advisory board member.
3. The following business entity is doing businese with or regulated by the governmental agency:
Old School Square, Inc.
The relationship of the undersigned advisory board member, or spouse or child of the advisory board member, to the busi-
ness entity transacting this business is [check applicable spoces]:
(x) Officer;, ( ) Partner; ( ) Associate; ( ) Sole proprietor; ( ) Stockholder; ( ) Director; ( ) Owner of in excess of 5% of
the assets of capital stock in such business entity; ( ) Employee; ( ) Contractual relationship with the business entity;
( ) Other, please describe:
(~ F01~I 4A - REV, t.~ [CONTINUED ON REVERSE SIDE
PART B - DISCLOSURE OF INTEREST IN SOLE SOURCE OF sUPPLY
WHO MUST COMPLETE THIS PAR'I::
Sections 112.313(3) and 112.313(7), Florida Statutes, prohibit certain employment and business relationships on the part of pub-
lic Officers and employees. See Part III, Chapter 112, Florida Statutes, and/or the brochure entitled 'A Guide to the Sunshine
Amendment and Code of Ethics for Public Officers and Employees' for more details on these prohibitions. However, Section
112.313(12)(e), Florida Statutes, provides an exemption from the above-mentioned restrictions in the event that the business
entity involved is the only source of supply within the political subdivision of the officer or employee. In such cases the officer's
or employee's interest in the business entry must be fully disclosed to the governing body of the political subdivision. This Part
of Form 4A has been proscribed by the Commission on Ethics for such disclosure, if and when applicable.
PLEASE COMPLETE THE FOLLOWING:
The partnership, directorship, proprietorship, ownership of a matedal interest, position of officer, employment; or contractual
relationship which would otherwise violate Subsection (3) or (7) of Section 112.313, Florida Statutes, is held by [please
check applicable space(s)]:
( ) The reporting parson;
( ) The spouse of the reporting parson, whose name is ; or
( ) A child of the reporting person, whose name is
The following are the goods, realty, or services being suppiied by a business entity with which the public officer or employee,
or spouse or child of such officer or employee, is involved is:
3. The business entity which is the only source of supply of the goods, realty, or services within the political subdivision is:
(NAME OF ENTITY) (ADDRESS OF ENTITY)
The relationship of the undersigned public officer or employee, or spouse or child of such officer or employee, to the busi-
ness entity named in Item 3 above is [check applicable spaces]:
( ) Officer; ( ) Partner; ( ) Associate; ( ) Sole proprietor; ( ) Stockholder; ( ) Director; ( ) Owner of in excess of 5% of
the assets or capital stock in such business entity; ( ) Employee; ( ) Contractual relationship with the business entity;
( ) Other, please describe:
SIGNATURE
DATE SIGNED
DATE FILED
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES i. 1t2.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND
JREDUCTION N SALARY REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10.000. ' ' I
MAY BE PUNISHED SY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT DEMOTION
I
CE FO~M 4A - SEV. 1-~1 [CONTINUED FROM FIRST SIDE]
WHEREAS, Autobahn Motors features a unique 20,000 square foot
showroom and state of the art sen, ice center, and offers exciting import automobiles
that fit every budget; and
WHEREAS, Autobahn Motors is the automobile industty's pioneer in
offering a low key, stress free environment/process for vehicle selection, and the
largest independent European import automotive repair facility in South Florida with
a professional, knowledgeable, certified staff; and
WHEREAS, Autobahn Motors is a factory selected franchised dealer for
Global Electric Motorcars, a Daintier Chrysler Company. Daimler Chrysler is the
leader in eeo-friendly non-polluting electric vehicles that are fully street legal for non-
highway use and provide alternative transportation at a cost of a penny per mile; and
WHEREAS, Autobahn Motors donated a Global Electric Motorcar to the
City of Delray Beach.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission do hereby recognize and commend
AUTOBAHN MOTORS
for their tremendous gift to the City and effort in striving for excellence to continue
to produce thousands of satisfied customers.
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 3'a day of June,
2003.
JEFF PERLMAN
MAYOR
WI-I~ the SieUr Ci~ Program mas iniffated ~ Pmddent D~dght D. Eitenhe:ver in !956
at an avenue to apen e~mraanita~n and a means to pm~ote fffendship and anderttanding he~en m~tions
and lessen the chance of futum ~vorld mnj~'cts; and
WI-I~RITd~ the rdatiamhi~ betmeen the people of Miya~u, Japan, and Delmjf Beach, Florida,
actual~ began at the turn of the centurj when the Florida East Caast Rail~qy he&ed ]o Sakai estabk~h the
Yamato Calony along the railroad near Boca Raton; and
WItB~ among these ea~ se#lets ~as
M~ya~u, Japan, and she later donated hit land near Ddray Beach to the Coun~ of Palm Beach and which
now is heine to the MonTeami Museum and Japanese Gardens,. and
WI-I~ the Sitter ~ ~rogmm serves as a mhick to bn'ng ]~eopk of d~erent geographic
areas ofthe ~rM together. To that end, the ~ of Ddray Beach, Florida andM~ya~u, Japan establitheda
Sister Ci~ qff~llation in April 1977; and
WI-I~P,~K~$~ during the pa~t 26 year~ our c~mmanilies have had d~ aff~h and dti~ens
exchange vidts and have recent~ established Student and Business Exchange Programs. Ddrq Beach
Sitter O~'es is enthudas~?al~ sending its third Student Exchange delega~on to Miya~u on June 5, 2003;
and
WI-I~RI~, the relationshi~ herren Mpa~u and Ddray Beach ~gs a~ut a ~at sense
~t~ ~ and ~ ~en ~ ~ ~at d~s.
NO~ T~O~, g JEFF PE~, M~r q the Ci~ ~ De~q ~,
Fkn'~, on ~t~ ~ ~mm~n and d~ns ~Del~ Beth, do h~ m~gni~
~A DU
~0~
EVA L UO
~d
~ $md~t ~b~do~ ~$engng ~th t~ Ci~ ~De~ Be~ and t~ gm&nt ~ ~At~n&
H~h ~g ~ $e~ o~ ~t ~s ~r ~d ~al~ and~ne ~ all t~ dg~, and e~ ~
Sm&nU, qMpa~, J~n, and exud ~ hands in f~nd~p ad ~.
~ wlI~$S ~OE 1 ~ ~an~ set ~ ~ and ~ed t~ O~lS~al ~t~
Cip qDel~ ~h, Fk~, Z ~ ~d this ~ ~ ~Ju~, 2003.
JEFF PERLMAN
MA YOR
WHERE, AS, Bob Banquer has been a VOLUNTEER for the Delray Beach Police
Department during the past ten (10) years, and has been Captain of~he High Point Section $
Citizens Observer Patrol Unit since 1992; and
WHEREAS, Bob Banquet joined the newly formed Downtown Walking Patrol in 1997
and helped to train most of the 15 members of the pa~oL While serving on this Downtown
Walking patrol Bob was instrumental in helping to apprehend a shoplifter by alerting police of the
description of the perpetrator, and the direction of wavel. Ove~ $100.00 of merchandise was
recovered and returned to the merchant on East Atlantic Avenue; and
WHEREAS, Bob Banquet also works for the volunteer Parking Enforcement Program
and puts many hours in assuring the flow of traffic in the downtown area is smooth, Bob will not
give you a ticket tlllless he has to! Compliance is his way~ He is cu~enfly one of the Captains of our
volunteer Marine Patrol Unit and patrols the Intracoastal Waterways watching for violators of
wake, speed and Manatee laws, and has helped to tram many new members of the patrol; and
WHEREAS, Bob Banquet slso cu~endy works in the Staff Support Division of the fi'om
lobby of the Police Depamment making sure the pubfic is directed to the correct individual, receive
their accident reports, or have equipment violations checked. In addition, Bob does the
finge~timing for citizens as required for employment. Bob is extremely customer orientated; and
WHEREAS, Bob Banquet, who is a disabled; combat wounded WWll Veteran stepped
forward after the tragedy of September 11, 2001, to help protect his count~ again by helping to start
the most publicized volunteer program the this City's history, THE VOLUNTEER
HOMEFRONT SECURITY PROGRAM. Bob trained new members as well as helped to
develop the uniform which distinguishes the patrol fi'om any other in the Umted States. Because of
Bob's efforts the Homefront Security Program has been featured in every local newspaper, Channels
5, 12, 25, WXEL, CNN, NIGHTLINE, GERMAN TELEVISION, RUSSIAN TELEVISION, and
TIME MAGAZINE, to mention a few. This unit was visited by Governor Jeb Bush and Forme~
New York Mayor Rudy Giuliani at Old School Squ~re. Because of Bob Banquet's efforts and
leadership this program is being sought by other law enforcement agencies as a model for their
agencies.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida,
on behalf of the City Commission do hereby recognize and commend
VOLUNTEER BOB BANQUER
for his unselfish md superior effotr and achievements in the s.tea of volunteetism, he is truly one of
the Delmy Be. ach Police Department's unsung heroesl Bob has been selected as Volumeer of the
Year for the Dekay Beach Police Department three (5) times, and most recendy won the Florida
Power & Light Community Service Award for the annual Area Agency on Ageing Prime
Time Awards for his involvement in the Homefront SeCUrity Program.
IN WITNESS WHEREOF, I have hereunto set my hand and eaused the Official Seal of
the City of Delrey Beach, Florida, to be affixed this 3'd day of June, 2003.
JEFF PERLMAN
MAYOR
WHEREAS, Mary Lee Keys was bom in Bdstol, Florida on April 7, 1901, to Caleb
and Eula Lee Oliver; and
WHEREAS, Mary Lee Keys has lived in the City of Delray Beach since
September, 1926 (77 Years) and has enjoyed a full and fruitful like at work and at play;
and
WHEREAS, Mary Lee Keys loved fishing, croquet, and traveling; and she worked
at the Gulf Stream Golf Club for f~een years and as a domestic in several homes; and
WHEREAS, Mary Lee Keys married the Late Reverend J.W. Keys who was the
pastor of Greater Mount Olive Missionary Baptist Chumh and to this wonderful union
one (1) daughter, Hattie Ruth Keys Pompey, was bom; and
WHEREAS, Mary is the oldest living member of Greater Mount Olive Missionary
Baptist Church where she sang in Choir #1 and is a member of the Ever Ready Club;
and
WHEREAS, Mary Lee Keys was stricken with illness after her 100~ birthday and
has since lived for a short term at Bethesda Hospital and presently at the Lago Vista
Health Center; and
WHEREAS, on Apdl 7, 2003, Mary Lee Keys, surrounded by family and friends,
celebrated her 102r~ Birthday.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, and the Citizens of Delray Beach, hereby
wish
MARY LEE KEYS
a very HAPPY BELATED t02r~ BIRTHDAY and further recognize and congratulate
her on her many achievements and diligent service to others and wish her the best of
health and happiness.
IN WITNESS WHEREOF, I have hereunto sat my hand and caused the Official
Seal of the City of Delray Beach, Flodda, to be affixed this 3rd day of June, 2003.
JEFF PERLMAN
MAYOR
lray Affair
64-A 5.E. Fifth Avenue
belray Beach, FL 33483
~ (§61) Z78.04Z4
(5611~.279-1380 x 22
fax (561) 278.0555
chamber~delraybeoch,com
wwW.del~ayaffai~.com
May 19, 2003
Mr. David T. Harden, City Manager
City of Delray Beach
:100 NW :1st Avenue
Delray Beach, FL 33444
RE: CITY COMMISSION AGENDA REQUEST
Dear Mr. Harden:
The Greater Delray Beach Chamber of Commerce and the Delray Affair
is requesting a brief time allowance to make a short presentation at
the next available City Commission meeting.
This presentation will be to thank the City of Delray Beach, the Mayor
and Commissioners and the city staff for their support in the 2003
Delray Affair,
Please confirm the date and time that this presentation is scheduled.
Presentation will be done by myself, Bonnie Brow and Bill Wood.
Your consideration of the above request is appreciated.
Sincerely,
Lynn H. Bialakis
Director of Special Events
Greater Delray Beach Chamber of Commerce
Cc: Robert Barcinski
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM # ~'~ - REGULAR MF~I~.TING OF JUNE 3. 2003
FINAL PLAT APPROVAL/LAKF. VIEW APARTMENTS
MAY 30, 2003
This is before the Commission to approve the final boundary plat for Lakeview Apartments. The
property is located along the east side of S.W. 10th Avenue, south of Linton Boulevard.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final boundary plat for Lakeview Apartments.
S:\City Clerk\chevelle folder\agtmda memos\Final Plat. LakeviewApts.6.03.03
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
Randal L. Krejcarek, PE/~)~
29 May 2003
Lavers Apartments Plat
Request for Commission approval of the Lakeview Apartments Plat. This plat is for the
dedication of a piece of land for an entrance off of SW 10th Avenue to Lavers Circle.
A location map and a reduced copy of the plat are enclosed. This project was
approved by the Planning and Zoning Board on 27 Jan 2003.
If this meets with your approval, please place it on the 03 Jun 2003 Commission
Agenda for approval.
enc
cc TAC file
S.'~EngAdmintTACtLakeview apartments~2OO3jun03 agenda memo.doc
iI~" !=
.. ~ ~r
i ................ ozm-i,~
o>~z~
!
!
;/; i
; t !
o~
(~
m
m
0
~-- SOUTHRIDCE R_D~¢¢ ~.ZEDER AVE, BENJA?N~ AVE ,~ -- -
LIN TON BOULEVARD
Cl~ of DELRAY BEACH LAKEVIEW APARTMENTS
~~A~Y~~ 2003-200 1 OF 1
Date: 29 May 2003
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda Workshop Agenda Special Agenda
When: 03 Jun 2003
Description of Agenda Item (who, what, where, how much):
Request for Commission approval of the Lakeview Apartments Plat. This plat is for
the dedication of a piece of land for an entrance off of SW 10th Avenue to Lavers Circle.
This project was approved by the Planning and Zoning Board on 27 Jan 2003.
Staff Recommendation: Approval(~ .~ ~f~ ~
Department Head Signature: ~_Q~,_~ ~%~x,~ _,~ , -,o-~__ ~-~ -~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda~
No
Hold Until:
(if applicable)
Initials:
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\Lakeview apartments\2003jun03 agenda.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM # (~ ~ - REGULAR M~I~.TING OF JUNE 3. 2002,
FINAL PLAT APPROVAL/VII.I .AGE GRANDE
MAY 30, 2003
This is before the Commission to approve the final boundary plat for Village Grande. The property
is being subdivided to create 10 townhouse units and is located on the east side of N.E. 4th Avenue
between East Adanfic Avenue and N.E. 1st Street.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final boundary plat for Village Grande.
S:\City Clerk\chevellc folder\agenda memo~\Final Plat. Village Grande.6.03.03
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
Randal L. Krejcarek, PE p~((~
29 May 2003
Village Grande Plat
Please find an agenda request for Commissionapproval of the Village Grande Plat.
This plat is for 10 town homes located on NE4thAvenue just north of East Atlantic
Avenue. A location map and a reduced copy of the plat are enclosed. This project
was approved by the Planning and Zoning Board on 17' Mar 2003.
If this meets with your approval, please place it on the 03 Jun 2003 Commission
Agenda for approval.
enc
cc TAC file
S.'~EngAdmin~ TA Ct Village Walkt2003jun17 agenda memo.doc
3RD
N.E. 1ST ST.
ATLANTIC AVENUE
CITY of DELRAY BEACH
178.00'
Date: 29 May 2003 AGENDA ITEM NUMBER:
Request to be placed on:
AGENDA REQUEST
X Consent Agenda Regular Agenda
When: 03 Jun 2003
Workshop Agenda
Description of Agenda Item (who, what, where, how much):
Special Agenda
Request for Commission approval of the Village Grande Plat. This plat is for 10 town
homes located on NE 4th Avenue just north of East Atlantic Avenue. This project was
approved by the Planning and Zoning Board on 17 Mar 2003.
Staff Recommendation: Approval//~ ~
DepartmentHeadSignature. (~ ~' ,~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N.A.
Account Number
Description
(if applicable)
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agend~ ~
No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\Village Walk\2003jun17 agenda.doc
CITY OF DELRIIY BEACH
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Wrlt~r's Direct Line: 561/243-7091
1993 DATE: May 20, 2003
MEMORANDUM
TO:
FROM:
City Commission
David Harden, City Manager
Brian Shutt, Assistant City Attomey
SUBJECT: Consent to Assil0ament
On March 15, 1999 the City entered into an Agreement for disaster recovery services with
Grubbs Construction Company. The City was notified on May 1, 2003 that Grubbs
Construction Company seeks to assign the contract to Grubbs Emergency Services, LLC.,
which is a corporation formed by the original company that deals specifically with disaster
recovery services, please see the attached letter.
Public works has reviewed the request and does not object to this assignment.
Please place this item on the Jtme 3, 2003 City Commission agenda for approval. Please
call if you have any questions.
Barbara Gar/to, City Clerk
Jackie Rooney, Purchasing Supervisor
%C
CONSENT TO ASSIGNMENT
The undersigned, the City of Delray Beach, a Florida municipal corporation, being a
party under that certain agreement dated March 15, 1999 and originally between the City of
Deiray Beach and Grubbs Construction Company, docs hereby give consent to thc
assignment of the above-stated Agreement from Grubbs Construction Company to Grubbs
Emergency Services, LLC., which shall assume all terms and conditions of the original
Agreement.
IN WITNESS WHEREOF, the undersigned has signed this instrument on this
of ,200_.
ATTEST:
By:
City Clerk
Approved as to legal form and
Sufficiency:
By:
City Attorney
day
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
May 1,
Dear Valu,
On behalf c
·ome won~
response
division
corporation
operates wi
clients af~
There are ~
1. TI'
2.
3. Ti
s{
4, N~
5, O
We will fo~
invited to b
be held or~
evening w
questio~ls:
me a call ~
Sincerely,
EMII G, BdCY IIEILIICES
t-888-GRUBBS-I
everyone hase at GnJl:f;)s Emergency So. cas, I wanted to take just a moment to update you on
~rful happenings aricl the additi(m of some rtew faces here In Bmoksvtlte. Since 1992, our continued
d assistance to local governments across the nation has given us the opixx'tunlty to expand our
services. Embracing that opportunity, Gmbbs Emergency Services has now become a stand-alone
c]edicatacl to your disaster (~l~very needs. The company sail employs the same key personnel and
~ the same quelity-bassd philosophy. However, we now have a renewed vision for assisting our
~avigefing the disaster recovery process.
,Inor house keeping issues that am associated with change. So to assist us with our transition, we
the following text changes be made to our agreement in a fom~ that is agreeable to all parties:
correct name of the company ia GnJbbs Emergancy Services, LLC.
physical mailing address Is P.O. Box 12113, Brooksville, FL 346032113.
primary point of contact (contractor's agent) will be Anthony Tanner, Vice President and the
ondary contact will be Mr, Bdan Thomason, Assistant Vice President.
v additions to our team are Mr. Vic Taglle, Chief Operating Officer, Mr. Kelly Underwood, Client
=,lions and Mr. David Metheny, Resource Management.
new phone number is 352-796-7127 and fax number is 352-797-759~.
ard an updated contact list to you upon completion of our ~ansltion.
you plan on attending the 2003 ~ Governor's Hurricane Conferertce in Tampa, you ere cordially
our guest at the Tampa Waterside Man'lof for our 'Customer Appreciation Night'. The gathering will
uno 10, 2003 fi'om 6:30 pm until 11:00 pm. Please feel flee to bring a guest and enjoy a wonderful
~ the Gn~bbs Emergency Services Team. We look forward to seeing you there. If you have any
~arding our exciting changes o~- questions regarding our 'Customer Appreciation Night', please give
352-279-9060.
P.O, Box 12113
Bn3ol,.,sville. FL 34603-2113
Phone: 352-796-7127 Fax: 352-797-7598
CITY JIF I]ELARY BEACH
CITY ATTORNEY'S OFFICE 2°° mw ^v,NuE. DELR^Y,,^C.,,LORtD^ 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: May 23, 2003
Wdter's Direct Line: 561/243-7091
MEMORANDUM
TO:
FROM:
City Commissioj~-
Brian Shutt, Assistant City Attorney
SUBJECT: Consent to Assiqnment/BFI Franchise Aqreement
On September 20, 2001 the City entered into a franchise agreement with BFI
Waste Systems of North America for the collection of solid waste, vegetative
waste and recycling. Pursuant to Paragraph 37 of that agreement, any
assignment of the agreement must be approved by the City. BFI has requested
that the City allow for the partial assignment of the agreement, right to receive
payments, to Allied Receivables Funding, Inc., and then to Wachovia Bank. (See
attached letter). This assignment is not an assignment for creditors, but provides
that the accounts receivable from the City shall go to Allied Receivables Funding,
Inc., rather that BFI. (See attached note). BFI had previously merged with Allied
Waste Industries.
The Consent to Assignment still provides the BFI Waste Systems of North
America will still be responsible and liable under the obligations of the franchise
agreement.
By copy of this memo to David Harden, our office requests that this item be placed
on the June 3, 2003 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Joe Safford, Finance Director
April 11, 2003
Mr. Jo~ Safford
Finance Director
City of Delray Beach
100 N.W. 1a Avenue
Delray Beach, FL 33444
Dear Mr. Saffurd:
In an effort to reduce future costs of conducting business, Allied Waste Services, the parent company of
BFI Waste Systems of North America, lnc. began evaluating securitization as a potential capital market
transaction last year. A securitization is a common form of fmaneing in which certain assets are separated
out and used as collateral by lending institutions for the purpose of borrowing capital at favorable rates
and paying down higher interest loans. Separating the assets is critical in a securitization since this allows
the lending institution to track the assets more clearly and to analyze the performance of the assets more
precisely.
Recently, Allied Waste Services made the decision to move forward with securitization and selected
Wachovia Bank as its lender. As such, Allied created a wholly owned, special purpose entity, Allied
Receivables Funding Incorporated, to hold assets for the securitization. This new entity and the
securitization will be consolidated on Allied's financial statements.
The assets for the securitization that need Io be separated will be accounts receivable and collections
generated by BFI Waste Systems of North America, Inc. We are therefore requesting consents fo~
assignment of the rights to receive payments, or basically partial assignment of the existing a~reement.
This securitization process is transparent to you, our customer, however, we need your consent as a
requirement of the conlz-act conditions.
The consent will have no impact on the services provided, billing and payment procedures, or any
contractual obligations or liabilities of BFI under the terms of our ag~ement. I ask that you review the
attached document, have both copies of the document signed by a duly authorized agent of the City, and
return one to my attention, c/o BFI, 1475 S.W. 4~ Avenue, Delmy Beach, FL 33444. Please keep the
other original for your files.
Should you have any questions or concerns, please contact me at 561-441-3175-Cell or 561-278-1717
x413- Office.
Sincerely,
Sally St~ton
Municipal Services Manager
Palm Beach County * 1475 S.W. 4th Avenue * Delray Beach, Florida 33444
Phone 561-278-1717 · Fax 561-243-1027
lEd. LIED WASTE
INDUSTRIES, INC.
The assignment that we are seeking from the City of Delray does not relate to a general
assignment to creditors. These assignments adse out of sales of the accounts
receivable from BF[ Waste Systems of North Amedca, ]~nc. to Allied Receivables Funding,
Inc.
Consent by the City of Delray Beach
To Partial Assignment of the
Solid Waste, Vegetative Waste and Recycling Collection Services
Agreement
The City of Delray Beach, a Municipal Corporation and BFI
Waste Systems of North America, Inc., a Delaware Corporation
(Contractor), are parties to a "Solid Waste, Vegetative Waste and Recycling
Collection Services" Agreement" for service initiated October 1, 2001 (the
"Agreement"). A copy of the Agreement is attached hereto as Exhibit A.
The undersigned does hereby consent to the assignment by BFI Waste
Systems of North America, Inc. to Allied Receivables Funding Incorporated,
a Delaware corporation ("ARFI"), and ARFI's subsequent assignment to
Wachovia Bank, National Association, of BFI Waste Systems of North
America, Inc.'s right to receive payments under the Agreement from the
City of Delray Beach. The consent by the undersigned to the assignment by
BFI Waste Systems of North America, Inc. of its right to receive payments
under the Agreement is conditioned upon BFI Waste Systems of North
America, Inc. remaining, and BFI Waste Systems of North America, Inc.
hereby agrees to remain, liable for its obligations under the Agreement. The
assignment granted hereby shall be effective from and after the date on
which this consent is duly executed by the undersigned.
City of Delray Beach
By:
NaIrle:
Title:
Date: ., 2003
BFI Waste Systems of North
America, Inc.
By:
Name:
Title:
Date:
.,2003
City Of De. lray Bea. ch
Department of Enptronmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
City Manager
C. Danvers Beatty, P~
Deputy Director of~
May 27, 2003
Easement Deed, St. Mary's Anglican Church
Project Number 2003-015
Attached is an Agenda Request for acceptance of an Easement Deed from St. Mary's Anglican
Church. This easement will be used for the installation and maintenance of a reclaimed water
transmission main and will provide access from the Golf Course to Homewood Blvd. In return for
the easement the City will pay the Church $1,500.00 which will be funded from Account # 441-
5181-536-63.95, Reuse Water System.
Please place the item on the June 3, 2003 Agenda for consideration by City Commission.
CC:
Richard C. Hasko, P.E., Director of Environmental Services
City Clerk
Agenda File
S:\£ngAdmin\Proj¢ctsL2003~2003 -015\OFFIClAL~Easemcnt memo.doc
HIGH POINT COURT
NW. 2ND ST,
BOULEVARD
HIGH POINT fERR E,
ATLA
WA Y
T
HIGHLAND
CRY of DELRAY BEACH
GOLF VIEW ESTATES
12' EASMENT SOUTH OF LOT
2003-200 ~
1 OF2
Prepared by: RETURN:
R. Brian Shun, Esq.
City Attorney's Office
200 N.W, 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this .c~_Zday of /c7/~ , 20~_~by and between
St. Mary's Anglican Church, Inc., with a mailing address o(/~01 Homewood Blvd., Delray
Beach, Fl. 33445, party of the first part, and the CITY OF DELRAY BEACH, with a mailing
address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm
Beach County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Fifteen Hundred ($1500.00) Dollars and other good and valuable considerations to it in hand
paid by the said party of the second part, the receipt of which is hereby acknowledged, does
hereby grant, bargain, sell and release unto the party of the second part, its successors and
assigns, a perpetual easement for the purpose of: installation and maintenance of utilities with
full and fi'cc right, liberty, and authority to enter upon and to install, operate, and maintain such
utilities well under, across, through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to affect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. The party of the first part also agrees to
erect no building or affect any other kind of construction or improvements upon the above-
described property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
PARTY OF THE FIRST PART
Print Name:~ Print Name: E~ ~..~--~- ~.~_~c'r'--/~
STATE OF FLORIDA
The foregoing instrument was acknowledged before n~e this ~"~day of
' J ~ - ' / ~name of officer or agent, title of
officer or agent) of St. Mary's Anglican Church, Inc., on behalf of the corporation. He/She is
personally known to me or has produced/~23~b~ ~/~~ ~ as
identification. ~
of Notary Public - State
,~,.'% J~'e~r~co,t~o v of Florida
,tr~. ~1~ Comm~m~ c~
2
Exhibit "A"
The South 12 feet of Lot 6, "Golfview Estates", as recorded in Plat Book 24, Page 50 of the
Public Records of Palm Beach County, Florida.
3
AGENDA REOUEST
No.
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
Agenda Item
Date: Ma,/27, 2003
When: June 3, 2003
Description of item (who, what, where, how much): Staff requests Commission acceptance of an
Easement Deed from St. Mary's Anglican Church for the installation and maintenance of a reclaimed wate~
transmission main. The Church has a~reed to provide the easement for the sum of $1,500.00 which will
funded from Account # 441-5181-536-63.95, Reuse Water System.
ORDINANCE/RESOLUTIONREQU/RED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends acceptance of thc Easement Deed fi-om St. Mary's Anglican Church.
Departmentheadsignature: (~'~~ ~ .~-~c'~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (re.qnired on ali items involving expenditure of funds):
Funding available: ~_~O/'NO
Funding alternatives (if applicable)
Account No. & Description ~/-.6~/oo/-C~-~ -~G, ~._5- /~/bl/ ~'~e//.{/', aJaPc~.J~½~rr]
City Manager Review: ~
Approved for agenda: ~_i~NO ~
Hold Until: t
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
SSEngAdmin\Projects~2003~2003-O15\OFFlCIAL~Easement.agenda.O52703.do¢
[ITY OF DELRrI¥ BErlgH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DATE: May 19, 2003
1993
MEMORANDUM
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attomey
SUBJECT: Acceptance of Right of Way Deed fi.om Mr. Gardner
This right-of-way is required from the property owner as a portion ofN.W. 5th Avenue and
the adjacent sidewalk are currently located on the owner's property. The dedication shall
provide that all of N.W. 5th Avenue and the adjacent sidewalk shall be located in public
right-of-way.
By copy of this memo to David Harden, our office requests that this item be placed on the
June 3, 2003 City Commission agenda for acceptance.
Please call if you have any questions.
Attachment
CCi
David Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
R. Brian Shut~, Esq.
City Atton~ey'$ Office
200 N.W. ls~ Avenue
Dclray B~ach, Flor/ds 334~
RIGHT-OF-WAY DEED
aid
this
, with a ma/ling address of
~ , ,~/ , as party of the first part and Ctl¥ OF DELRAY
BEACH, FLOI~DA, a ~iofida mun/cipal corporation with a mailing address of 100 N.W. 1st
Avenue, D¢lray Beach, Florida 334~, as party of the second part.
WITNE$SETH:
That said pa~ of the first part, for and in consideration of the mutual promises herein
contained and other good and valuable consideration, does hereby grant, rem/sc, release, qu/t
claim and convey uato the party of thc second part, its successors and assisns, all fight, title,
int~est, claim and demand which the party of the gu-st part has in and to the following-described
land, situate, lying mad being in the County of Pakn Beach, State of Florida, to-wit:
See Exlxibit "A" attached hereto.
This Deed is made for the purpose of ~iving and granting to the party of the second par't,
its successors and a~signs, a rilgat-of-way and easement in and to said lends for public highway,
street, and public utility purposes; and is made, executed and delivered with the express
understanding and condition that should the seine ever be alscontmued or abandoned as a public
highway or street, the title to same shall thereupon revert to end revest in the party of the first
part or essi~ls.
That this fight-of-way shah be subject only to lhosc easements, restrictions, and
rcservafion of reco~d. The party, of the first part agrees to provide for the relessc of any and all
mortgages or lians incumbering rbJ. s right-of-way. The party of the first part also a/rccs to erect
no building or offset any other kind of construction or improvements upon the above-dcscribed
property.
P~'ty of thc first pan does hereby fully warrant the tiUe to said land and will defend the
same against the lawful claims of all persons whomsoever cia/r/ted by. through or under it, that it
has good fight and lawful authority to grant the above-described right-of-way and that the same is
uncncumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall
include the succeseorf or assigns of thc parties.
TO HAVE .M*~D TO HOLD THE SAME, together with all and singular the
appurtenances thereto belo,~ng or in anywise incident or appertaining, and all thc cstate, right,
title, interest, and claim whatsoever of thc said party of thc first part, in law or in equity to thc
only proper use, b~flt, and behalf of the said party of the second part, its successors and
assigns.
IN WITNESS WHBREOF, said party of the first part has hereunto set thcir hand and seal
the date first above wfitUm.
WITNESSES/'*)
(NFa~c'prlnted or typed)
(N~me printed or t'~:Yect)
PARTY OF THE FIR~i.~ART
~r typed)
The foregoing '.~ ~as ac/knowledg~d before me this ~ day of
(r{ame of officer or agent, title of otT~cr or agent), of
(name of corporation acknowledging), a (state or place of flacorporation)
corporation, on bchalf of the corporation. He/.She is llersonally known to me or ~las produced
SiVa'lure of Persen Taking Aelmowledgrncnt
~Name Typed, Prin~d or Stamped
2
SKETCH OF DESCRIPTION
IV. ~. 3RD STREET
[NORTH LIVE
BLOCK 26
~T 25.0'
25.0'
ORDER NO. 02-1J9'RW"
~xhibit A
NO TES:
THIS iS NOT A Sl~VEY
THE SOUTH 50 FEET OF THiE NO~TH 215
FEET OF THE WEST 25 FEET OF BLOCK
26, TOWN OF LIVTON (NOW DELRA Y
BEACH,), ACCORD~G TO TIE PLAT
THEREOF AS RECORDED IV PLA T BOOK
1, PAGE J (St-lEFT 2), PUBLIC RECORDS
OF PALM BEACH COUNI~, FLORIDA.
EXHIBIT "A "
SI-EET I OF1
PAUL D. ENGL£
SURVEYOR AND MAPPER ~5708
DA TE: MA Y 15, 2005
O'BRIEN, SUITER &~ O'BRIEN, INC
CERTIFICATE OF AUTHORIZATION//ILBJ5J
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGHWAY
DELRA Y BEACH FLORIDA J$.~$J
(561,) 276-4501 (561,) 732-3279
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM #
- REGULAR MF~F, TING OF IUNE 3. 2003
CHANGE ORDER NO. 2/FINAL PAYMENT/JOHNSON-DA-VIS, INC,
MAY 30, 2003
This is before the City Commission to approve Change Order No. 2 in the net deduct mount of
$44,014.00 and final payment in the amount of $14,293.11 to Johnson-Davis, Inc. for the LWDD L-
33 Canal Box Culvert Project at the proposed high school site.
Funding is available from 334-6120-519-63.90 (New High School Site/Other Improvements) and
442-5178-536-63.50 (Water Mains).
Recommend approval of Change Order No. 2 and final payment to Johnson-Davis, Inc. for the
LWDD L-33 Canal Box Culvert Project.
S:\City Clerk\chevelle folder\agenda memos\Final Payment Johnson-Davis.6.03.03
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D
TO:
FROM:
SUBJECT:
David Harden, City Manager
' /t
Victor Majten ~,~onstruction Manager
LWDD L-33 CANAL BOX CULVERT, PN 2002-003
Agenda Request; Change Order #2/Final, Final Payment
DATE: May 27, 2003
U M
www. mydelraybeach, com
Attached for Commission approval is an agenda request for closeout Change Order #2/Final to
Johnson-Davis Inc. on the LWDD L-33 Canal Box Culvert project at the proposed High School
site, PN 2002-003. It is for the final plus/minus quantity adjustments to the original contract.
Change Order #2/Final is a net deduct amount of $44,014.00.
A request is also made for final payment in the amount of $14,293.11 to Johnson-Davis Inc. A
Contractor Evaluation form is attached for your review.
Residual funds to be liquidated from PO#606309 to account 334-6120-519-63.90 (New High
School Site/Other Improvements) in the amount of $44,014.00.
CC:
Richard Hasko; Director of ESD
Randai Krejcarek; City Engineer
Rafael Ballestero; Dep. Dir. of Construction
City Clerk's Office
Agenda File 06/03/03
Project File 02-003.1(A)
S:XEngAdmin~Projects~2002~2002-003, l~AgMemo CO2 closeout 06.03.03.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2/Final PROJECT NO. 02-003.1 DATE:
PROJECT TITLE: LWDD L-33 Canal Box Culvert
TO CONTRACTOR: Johnson-Davis, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THlS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Plus/Minus quantity adjustments per attached Schedule A.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT DECREASE THIS CHANGE ORDER 5.9 %
TOTAL PER CENT DECREASE TO DATE 4.07 %
$745,000.00
$13,669.40
$758,669.40
($44,014.00)
$714,655.40
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Johnson-Davis, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding ia available from accounts:
DEPARTMENT FUNDING CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
APPROVED:
By:
ATTEST:
By:
City Manager
City Attorney City Clerk
S:~EngAdmin~Projects~2002~002-003.1 \CO~2 Fin. J-D-06.03.03.doc
§§ ° ~
0
Agenda Item No.
AGENDA REQUEST
Date: May 27, 2003
Request to be placed on:
--X--Regular Agenda
Special Agenda
Workshop Agenda
When: June 3, 2003
Description of item (who, what, where, how much):
Attached for Commission approval is an agenda request for closeout Change Order #2/Final to Johnson-
Davis Inc. on the LWDD L-33 Canal Box Culvert project at the proposed High School site, PN 2002-003.
It is for final plus/minus quantity adjustments to the original contract. Change Order #2/Final is a net
deduct in the amount of $44,014.00.
A request is also made for final payment in the amount of $14,293.11 to Johnson-Davis Inc.
Residual funds to be liquidated from PO#606309 to account 334-6120-519-63.90 (New High School Site/
Other Improvements) in the amount of $44,014.00.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recomFf~ls aw~'~of Change Orde.~/Final and Final Payment to Johnson-
Davis Inc. ///. ~//~'/~7 /~_~.,~
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Account Balance ~r rr.~'
Ci~ Manager Review:
Approved for agenda:
Hold Until:
Budget Director Review (re..~.~d on all items involving expenditure of funds):
Funding available: E~.~O
Funding alternatives-(Tf applicable): see above
Account No. & Description :~'Sq
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdrnin\Projects~2002~2002-003.1~AgReqCO2 closeout 06.03.03.doc
[IT¥ DF DELRrI',' BER[H
CITY ATTORNEY'S OFFICE 200 mw ,., AFENUE..ELRAY .EACH, FLoRa.^ 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: May 20, 2003
Wdter's Direct Line: 561/243-7091
MEMORANDUM
TO:
FROM:
City Commission
David Harden,~City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Landscape Maintenance A,qreement- Boca Delray Animal Hospital
The attached agreement will allow the owner to place landscaping material in the
Jefferson Road right-of-way, in accordance with their approved landscape plan.
The agreement provides that the owner shall maintain the landscaping and shall
hold the City harmless for the placement of landscaping in the right-of-way. The
City may terminate this agreement when/if it decides it needs the right-of-way for
any public purpose.
Please place this item on the June 3, 2003 City Commission agenda. Please call
if you have any questions.
CC:
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. Ist Avenue
Delray Beach, FL 33444
LANDSCAPE MAINTENANCE AGREEMENT
THIS AGREEMENT is made this __ day of , 2003 by and
between the City of Delray Beach, Florida ("City") and J. M. A. PROPERTIES, INC.
("Owner").
WITNESSETH:
WHEREAS, in order to provide landscaping in the City, the City Commission has
adopted ordinances setting forth requirements for landscaping; and,
WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be
allowed to install landscaping material in the right-of-way of JEFFERSON ROAD pursuant to
the terms of this Agreement; and,
WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any
other type of abandonment by the City of the public right-of-way of JEFFERSON ROAD; and,
WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of-
way purposes; and,
WHEREAS, the public will benefit fi.om the beautification of areas along its streets by
the addition of landscaping; and,
WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape
plan and it has been approved by the City; and,
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
in this Agreement, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
1. The Parties hereby represent and warrant that the above recitals are accurate and
correct and hereby incorporate them in this Agreement.
2. The Owner shall perform all conditions as required by the City or any Board of
the City in conjunction with the site plan and review process for the required installation and
maintenance of the landscaping. The subject property, further described in Exhibit "A", shall
have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by
reference.
3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge
or grass material or any other material as required by the Owner's approved landscaping plan.
4. The Owner hereby agrees to maintain the plantings in the right-of-way in
accordance with the City's Ordinances and the terms and conditions of this Agreement. The
Owner shall be responsible to maintain, which means the proper watering and proper fertilization
of all plants and keeping them as free as practicable from disease and harmful insects; to properly
mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper
height; to properly prune all plants which includes (1) removing dead or diseased parts of plants,
or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To
maintain also means removing or replacing dead or diseased plants in their entirety, or removing
or replacing those that fall below original project standards. All plants removed for whatever
reason shall be replaced by plants of the same grade, not necessarily the same plant but of
acceptable quality to the City and the Owner, as specified in the original plans and specifications
and of a size comparable to those existing at the time of replacement. To maintain also means to
2
keep litter removed fi.om the landscaped areas in the right-of-way. Plants shall be those items
which would be scientifically classified as plants and include but are not limited to trees, grass,
or shrubs.
5. If at any time after the execution of this Agreement by the Owner, it shall come to
the attention of the City that the landscaping is not properly maintained pursuant to the terms and
conditions of this Agreement then the City may at its option issue a written notice that a
deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner
shall have a period of thirty calendar days within which to correct the cited deficiencies. If said
deficiencies are not corrected within this time period, the City may at its option, proceed as
follows:
(a) Maintain the landscaping or part thereof, and invoice the Owner for expenses
incurred.
(b) Terminate this Agreement and require the Owner to comply with the City's
current Ordinance on landscaping.
6. At all times hereto, the Owner shall own and maintain all landscaping installed in
the fight-of-way by the Owner.
7. If for any reason the City decides that it needs the right-of-way of JEFFERSON
ROAD or for any other public purpose this Agreement shall terminate, and the Owner shall be
required to comply with the City's current Code of Ordinances regarding landscape requirements.
8. The Owner shall indemnify and hold harmless the City, its officers and employees
from all suits, actions, claims and liability arising solely out of the Owner's installation and
maintenance of landscaping in the City's right-of-way.
9. This Agreement shall constitute the entire Agreement of the parties with respect to
the subject matter of it. All prior understandings and agreements between the parties with
3
such tnatt~rs are merged h~to this ~n~ which ~onc ~lly ~d ~nplc~ly c~ ~
~ding.
10. ~is ~t may n~ ~ ~i~ or ~f~ by ~ O~er, in whole or p~t
wi~out ~e ~ ~ of~c City.
11. ~s ~ shall ~ b~ ~ t~ P~i~, ~e~ r~ive he~s, suc~,
leg~ r~fiv~ ~ ~ ~i~ ~d sh~l ~ ~ ~ ~c ~blic R~ of Palm
~ Coun~ ~d ~1 ~ ~ &e l~d.
12. ~s ~ ~11 ~ gov~ by ~d c~ ~ a~ ~ ~c laws of
~ WI~ES$ WHEREOF, ~e p~ ~o have ca~ ~is ~ 1o ~ duly
executed on their behalf this
ATTEST:
City Clvrk
Approved m to legal form:
day of
,200_.
CITY OF DEIoRAY BEACH, FI,ORIDA
ay:
Mayor
City Attom~
(Print or Type Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
(OWNER)
(Print or Type Name)
4
EXHIBIT "A"
LOTS 61, 62 & 63, SECOND ADDITION TO COUNTRY CLUB
ACRES, PALM BEACH COUNTY FLORIDA, ACCORDING TO
PLAT BOOK 24, PAGE 21, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
6
Four Royal Palms
EXHIBIT "B"
MILITARY TRAIL
i
t
,,l.li!~!
~,11 I
Iii,
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
DATE:
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
May 27, 2003
SUBJECT:
AGENDA ITEM
SPECIAL EVENT
AVENUE 2003
CITY COMMISSION MEETING JUNE 3, 2003
REQUEST - SUMMER NIGHTS ON THE
ACTION:
City Commission is requested to endorse the Summer Nights on the Avenue 2003, to grant a
temporary use permit per LDR's Section 2.4.6 (H) for use of City property and right-of-way at
various locations, and to provide City staff support for barricade set up and removal, trash
removal and clean up, police security and traffic control, stage use, set up, and removal, and
banner and signage set up and removal.
BACKGROUND:
Attached is a summary of the dates and locations for the Summer Nights on the Avenue events.
This is the tenth year that these events are being proposed by the Joint Venture. The purpose of
these events is to bring activity to the Avenue during the summer months and to bring in
additional customers for our businesses. Last year's overtime costs were $7,105. The estimated
overtime costs for the five dates proposed this year is $8,300. Per the new event policies and
procedures the Joint Venture will be responsible for payment of 50% of costs over $5,000.
RECOMMENDATIONS:
Staff recommends approval of the event, grating the temporary use permit, providing staff
support with payment to the City for overtime costs per the policy pending receipt of the hold
harmless agreement and certificate of insurance
RAB/tas
Attachment
U:sweeney/events
Doc: Agenda Request Summer Nights 2003
May 1, 2003
Mr. David T. Harden, City Manager
City of Delray Beach
100 N.W. 1at Avenue
Delray Beach, FL 33444
Re: AGENDA ITEM - CITY COMMISSION APPROVAl
SPECIAL EVENT REQUEST - SUMMER NIGHTS ON THE AVENUt-
Dear Mr. Harden:
The City Commission is requested to endorse the Summer Nights on the Avenue
program, to grant a temporary use permit per LDR's Section 2.4.6(H) for use of City
property and dght of way, and to provide City staff support for barricade setup and
removal, trash removal and clean up, police security and traffic control, stage use, setup
and removal, and banner and signage setup and removal.
Attached are the dates and locations for the Summer Nights on the Avenue events.
This is the tenth year that these events are being proposed by the Joint Venture. The
purpose of these events is to bring activity to the downtown during the summer months
and to bring in additional customers for our merchants. In past years, City Commission
has agreed to fund overtime costs up to $5,000.
Your consideration of the above request is very much appreciated.
Sincerely,
MARJORIE FERRER
Downtown Coordinator
MF:sk
Jcttachment
: Robert A. Barcinski
DELRAY BEACH JOINT VENTURE · Community Redevelopment Agency · Delray Beach Chamber of Commerce · Downtown Developmental Authority
64-A S.E. Fifth Avenue, Delray Beach, FL 33483 · Teh 561-279-1380 Ext. 16 · Fax: 561-278-0555 · www.delraybeachvillagebythesea.com
SUMMER NIGHTS ON THE AVENUE SCHEDULE FOR 2003
DRAFT
Friday, July 11
Friday, July 18
Friday, July 25
Friday, August
Friday, August 22
Street Party - 500, 600, 700 & 800 Blocks - Atlantic Avenue
Street closed from 5th Avenue to 7~ Avenue
Theme: "Summer Party"
Time: 7 - 10pm
Entertainment:
Antique Car Clubs
Street Party - 200, 300 & 400 Blocks - Atlantic Avenue
Street closed between 2nd Avenue and 5th Avenue
Theme: "60's & 70's"
Time: 7 - 10pm
Entertainment;
(* FFEA Convention)
Block Party - 400 block - West Atlantic Avenue
No street closure
Theme: "Rhythm & Blues"
Time: 7 - 10pm
Entertainment: Jr. Drinkwater
Block Party . Old School Square Pavilion
No street closure
Theme: "Country & Western"
Time: 7- 10pm
Entertainment:
Street Party -Atlantic Avenue at AIA
Street closure - Atlantic Ave from AIA to Venetian (Salina
open)
Theme: "Beach Party"
Time: 7 - 10pm
Entertainment:
DELRAY BEACH
Ali-America City
1993
2001 May 9, 2003
Marjorie Ferrer, Downtown Coordinator
Delray Beach Joint Venture
64 SE Fifth Avenue
Delray Beach, Florida 33483
i;:~ELRA! BEAC!t. FI ORIfDA 33444 561/243-7000
Dear Marjorie:
Per your requests dated May 1, 2003, I am granting a waiver for amplified music, per City Code
99.08(C) and for the consumption of alcoholic beverages on public property, per City Code
113.02(B). This waiver is granted for the use of paper or plastic containers only, not glass or
bottles. This will be for "Summer Nights on the Avenue" being he~d on the following dates, times,
and locations:
1. Friday, July 11, 2003, from 7:00 p.m. to 10:00 p.m. This will cover the area on Atlantic
Avenue from the east side of the 500 block to the Intracoastal Bridge.
2. Friday, July 18, 2003, from 7:00 p.m. to 10:00 p.m. This event will cover the area on Atlantic
Avenue from the east side of the 200 block through the west side of the 500 block.
3. Friday, July 25, 2003, from 7:00 p.m. to 10:00 p.m. This event will be held in the 400 block
of West Atlantic Avenue - Wideman Building Plaza.
4. Friday, August 1, 2003, from 7:00 p.m. to 10:00 p.m. This event will be held on the grounds
of Old School Square.
5. Friday, August 22, 2003, from 7:00 p.m. to 10:00 p.m. This will held on Atlantic Avenue
between A1A to Venetian Drive (Venetian Drive and Salina Avenue stays open).
David T. Harden
City Manager
DTH/gb
CC:
Robert A. Barcinski, Assistant City Manager
Larry Schroeder, Chief of Police
Lula Butler, Director of Community Improvement
U:\Waivers\Summer Nights Waiver 2003.doc
I:ITY DF DELRI:IY BEACH
DELRAY BEACH
DELRAY BEACH, FLORIDA 33444
561/243-7000
Ali-America City
TO:
1993
2001
FROM:
MF..MORRNDUM
David T. Harden, City Manager
~l~obert A. Barcinski, Assistant City Manager
DATE: May 27, 2003
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
JUNE 3, 2003 SPECIAL EVENT APPROVAL -
ART & JAZZ ON THE AVENUE
ACtiON
City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled
for June 26, 2003 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR
Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue,
the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub,
Railroad Drive from Atlantic to N.E. 1st Street, and NE 2nd Avenue from Atlantic Avenue
to NE 2nd Street, and to authorize staff support for security and traffic control, banner
hanging and removal, barricade set up and removal, clean up, use and set up of City
stages.
B&CKtlROUND
Attached is a request for approval and City assistance for this event from Marjorie Ferrer.
The estimated overtime cost for this event is $6,500. City Commission has capped the
amount the City would pay for overtime at $6,500. Last year's costs for this event were
$7,500. A copy of the hold harmless agreement, insurance certificate, and event budget
is attached. This is not a new event.
RECOMMF...NDATION
Staff recommends endorsement of the event, approval of the temporary use permit and
street closure, staff support as requested, use and set up of stages, and City barricades
with an overtime cap of $6,500.
RAB/tas
cc: Lt. Geoff Williams
Joe Weldon
Harold Bellinger
Filc:u;sweeney/events
Doc: Agenda Afl and Jazz on thc avenue 062603
r'~h, , ...... T,,i EFFORT ALWAYS MATTERS
May 1,2003
Mr. Robert A. Barcinski
City of DelrayBeach
100 N.W. lS~Avenue
Delray Beach, FL 33444
RE: AGENDA ITEM - CITY COMMISSION APPROVAL
SPECIAL EVENT REQUEST - ART & JA77 ON THE AVENUE
Dear Mr. Barcinski:
City Commission is requested to endorse the Art & Jazz on the Avenue event
scheduled for Thursday, June 26, 2003 and to grant a temporary use permit per
LDR'S section 2.4.6(H) for use of City property and right of way.
We are requesting street closure on Atlantic Avenue for the following areas only:
o Atlantic Avenue from Swinton to NE/SE 7th Avenue
o South side of Atlantic Avenue from 7th to just past the Blue Anchor
Pub
o Railroad Way from Atlantic Avenue to N.E. 1 st.Street
o NE 2nd Avenue from Atlantic Avenue to NE 2"a Street
Closure will be from 6:00 p.m. to 10:00 p.m.
We are requesting that the City provide staff support for barricade setup and
removal, trash removal and clean up, police security for traffic control, monitoring
the FEC railway crossing, and banners and signage setup and removal.
The City's support of this event, with no charge to the Joint Venture, is crucial to
our success. Your consideration and cooperation is very much appreciated.
Downtown Coordinator
/sk
DELRAY BEACH JOINT VENTURE · Community Redevelopment Agency · Delray Beach Chamber of Commerce · Downtown Developmental Authority
64-A S.E. Fifth Avenue, Delray Beach, FL 33483 · Tel: 561-279-1380 Ext.16 · Fax: 561-278-0555 · www. delraybeachvillagebythesea.com
..,/19/2003 B$:5'~ 56:].2786555 DB CHAM~ER COMMERCE P~
OERTIFIOATE OF LIABIU~ INSU~NC~2~- ,~ --,~ I
~~ ~ ~S A ~11 ~ 0F: F~ 1
D~r~ P' O. Dra~ ~73033447 ~ ~/ ~'~ '-~ ~GEAFF~ED BYTHE ~ lES B;I ~ ~A~O~NG ~V~6~
~: 561-276-5221 F~:561-276-5244
~" ' ~ '1 i ' 1
.... J
~~ L~u~Y CLS0~737702 cu~$ ~M~e ~1 occu~
01/23/03 01/23/04
Bluegill ~ven~ - 5A~t & Ja=~ on ~ Avenue/ 8 ~e=
N19~ on ~e AveUue / Ballo~ Glow. The Cit~ of Delray ~e/~
aR~4 ~o~aZ insure~ wi~h reap&a= t~ G~neral Liability ONLY_
CITYD-1
100 N.W.
D~l~ay
12/84/2082
14:29 5612788555 DB O-IAFE~RQ31,'NERCE PA~E
HOLD HARMLESS AGREEI;~IENT
The Downtown Delra¥ Beach Joint Venture ir] consider~;tion of the payment of ten (10
(Name of Entity).
dollars, receipt of which Is I~ereby acknowledged; agr~es to indemnify, hold harml~
and defend the City: of Delray Beach, Its agents and employees from all suits,
and claims Includinig attorney's fees end costs attendant to any claim, litigati6~i
administrative proceeding, appeal and judgment of evei¥ name and description brougt~
against the City as a result of loss, damage or Injury ta person or property ads ng frbr~ ·
and In exchange for ne Downtown Delrav Beach Joint Venturn use of City facilities or
(Name of Entity) . :-- -' ..... .
· 13roperty for ;the sPeCial event of *ART & JAZZ. an~l he~eby releases the City of' Delta
Beach, its. agents and employees from all 'suits, action~: and claims including attomeY'~
fees and costs attendant to any claim, litigation, admlni~,trative pmcoedings, ai~peal- an~.t
judgment of'every name and description brought_ agailtst the City as a result of loS'Si
damage or injury to Person or property arising from the sPatial.event of ART & JAZZ
· (Name of Entity.)
· This Inde~nificatlon and Hbld Harmless and Defend :Agreement is only to the extel':
of insurance maintained by the Downtown Delray Beach Joint Venture a~ covered unde;T
Scottsdale Insurance.Company Policy n'umber CL80737702 ..
(Name of~pec~l'.Ev~ent) ','
Witness
Pd~ Name " :
Please name
'
Det~'t Beach Joint Venture
Mioh~et Llstl~
Print Name
84
12/04/2082 14:28 5612788555 DB m0HAN]~RCONMERC~ PAGE~ 85
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # c'4a~('~ - REGULAR MEETING OF JUNE 3. 2003
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: MAY 30, 2003
Attached is the Report of Appealable Land Use Items for the period May 19, 2003 through May 30,
2003. It informs the Commission of the various land use actions taken by the designated boards that
may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
&\City Clerk\chevelle folder\agenda memos\apagtmmxt.03.03
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLING, (I~IRECTOR OF PLANNING AND ZONING
LLEN, PLANNER
MEETING OF JUNE 3, 2003 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS MAY '19, 2003 THRU
MAY 30, 2003
The action requested of the City Commission is that of review of appealable actions
which were made by various Boards during the period of May 19, 2003 through May 30,
2003.
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 Planning and Zoning Board. The
following items will be forwarded to the City Commission for action:
Recommended approval (5 to 0 Elaine Morris and Jill Woehlkens absent), of a
rezoning from AC (Automotive Commercial) to GC (General Commercial) for a
0.759 acre parcel of land located at 909 SE 5th Avenue (southeast corner of SE 5th
Avenue (southbound Federal Highway) and SE 9th Street) for Gulfstream Business
Bank.
City Commission Documentation
Appealable Items Meeting of June 3, 2003
Page 2
Recommended approval (5 to 0), of a conditional use request to allow the
establishment of a self-serve car wash facility to be known as Weatherspoon Car
Wash, located on the west side of North Federal Highway, approximately 1,600
feet south of Gulfstream Boulevard.
Recommended approval (5 to 0), of the permanent street closure for Green
Parkway at its intersection with Linton Boulevard, in the Pines of Delray
Subdivision, located on the north side of Linton Boulevard, east of Homewood
Boulevard.
Recommended approval (4 to 0 Joseph Pike left the meeting), of a City initiated
amendment to the Land Development Regulations Section 2.4.3(K)(1) to provide
for an increase in the development application fees.
· Recommended approval (4 to 0) of the adoption of the Southwest Area
Neighborhood Redevelopment Plan.
A. Approved (6 to 0, Gary Eliopoulos absent), a request for a color change for
Professional Centre at Delray Beach, located on the north side of West Atlantic
Avenue, east of Barwick Road (4205 West Atlantic Avenue).
B. Tabled (6 to 0), a request for a color change for The Point of Delray, an existing
multiple family development located on the west side of the FEC Railroad, between
Lindell Boulevard and the C-15 Canal (243 Canal Point Way). The Board requested
that the applicant provided a color pallette with more contrasting colors.
C. Approved (4 to 2, Roger Cope and Dan Carter dissenting), a request for a color
change for Great Spaces Interior Design, an existing office building, located on the
west side of NE 5th Avenue (southbound Federal Highway), south of NE 2nd Street
(182 NE 5th Avenue).
D. Approved (5 to 0, Mayer Abbo stepped down), a request for a color change for
Town Place at Delray, an existing townhouse development, located on the west
side of NE 6th Avenue (northbound Federal Highway), south of NE 2nd Street (180
NE 6th Avenue).
E. Approved (6 to 0), a Class I site plan modification associated with fa(~ade and color
changes for The Haven, located on the east side of Pineapple Grove Way, south of
NE 2nd Street (177 Pineapple Grove Way).
F. Approved with conditions (6 to 0), a Class II site plan modification and architectural
elevation plans associated with the installation of a 2,100 square foot temporary
modular building for Bank of America, located on the north side of East Atlantic
Avenue, west of Seabreeze Avenue (1001 East Atlantic Avenue).
City Commission Documentation
Appealable Items Meeting of June 3, 2003
Page 3
G. Approved with conditions (6 to 0), a Class II site plan modification and architectural
elevation plan associated with the conversion of 3,675 square feet of retail floor area
to a restaurant for 111 East Atlantic Avenue (fka Craige Furniture), located on the
noah side of East Atlantic Avenue, east of NE 1st Avenue.
H. Approved (6 to 0), a Class III site plan modification associated with the relocation of
an existing modular classroom building and installation of a new 1,679 sq. ft.
modular classroom building for Trinity School, located at the northwest corner of
Lake Ida Road and Swinton Avenue (400 N. Swinton Avenue).
Approved with conditions (6 to 0), a Class V site plan associated with the
construction of 20 fee simple townhomes for Porta Al Mare, located on the west
side of NE 6th Avenue (northbound Federal Highway), south of NE 2nd Street (124-
160 NE 6th Avenue). The Board tabled the landscape plan and architectural
elevations and requested that the applicant provided additional landscape materials
and architectural details of the building.
Concurrently, the Board approved the following waivers:
- Reduced the site visibility corner at the driveway connections to NE 6th Avenue
from 20' to 10'.
- Reduced the terminal landscape islands from 5' to 2.5' and 3' adjacent to the
parking spaces in the rear of the property and the turnaround spaces within the
dead-end drive aisles.
Approved with conditions (6 to 0), a Class IV site plan modification, landscape plan
and architectural elevation plans associated with the construction of a two-story
6,507 square foot bank/office building with drive-through facilities and an 11,762
square foot retail building for Federal and Tenth Street Bank/Retail, located 323
feet south of SE 10th Street, between SE 5th Avenue and SE 6th Avenue (Federal
Highway pairs). Concurrently, the Board approved a waiver reducing the required
50' stacking distance from Federal Highway to the first cross aisle or parking space
to 19 feet along SE 5th Avenue and 28' along SE 6th Avenue.
1. Approved (5 to 0, Rhonda Sexton and Francisco Perez-Azua absent), a request for
a Certificate of Appropriateness to allow the installation of a canvas covered carport
for the Householder Residence, a contributing single family dwelling located at 521
North Swinton Avenue (east side of North Swinton Avenue) north of NE 5th Street.
2. Approved (5 to 0), a request for a Certificate of Appropriateness associated with the
installation of a metal roof for the Lobuono Residence, a contributing single family
dwelling, located at 106 Dixie Boulevard (south side of Dixie Boulevard, east of
Swinton Avenue).
City Commission Documentation
Appealable Items Meeting of June 3, 2003
Page 4
3. Approved (5 to 0), a request for a Certificate of Appropriateness for the installation
of a free-standing sign for Delray Real Estate, Inc. (fka Mariposa), located at the
northwest corner of SE 1st Avenue and SE 1st Street (48 SE 1st Avenue).
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
June 3, 2003
S.P.R.A.B.:
A. PROFESSIONAL CENTRE AT
DELRA Y BEACH
B. THE POINT OF DELRAY
C. GREAT SPACES INTERIOR DESIGN
D. TOWN PLACE AT DELRA Y
E. THE HAVEN
F. BANK OF AMERICA
G. 111 EA S T A TLANTIC AVENUE
H. TRINITY SCHOOL
I. POR TA-AL MARE
J. FEDERAL AND TENTH STREET
BANK / RETAIL
H.P.B.:
1. HOUSEHOLDER RESIDENCE, 521 N.
SWINTON A VENUE
2. LOBUONO RESIDENCE, 106 DIXIE
BOULEVARD
3. DELRA¥ REAL ESTATE, INC.
M M
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
~ITY MANAGER
BIDS AND CONTRACTS
DATE: MAY 30, 2003
This is before the City Commission to approve the award of the following bids:
1. Contract award to Aquifer Maintenance and Performance Systems in the amount of
$32,094.50 for the Rehabilitation of Production Well #22. Funding is available from
442-5178-536-46.90 (Other Repair & Maintenance).
2. Purchase award to Otto Industries Systems in the amount of $23,988.00 for the purchase
of garbage carts with lids as a sole source purchase. Funding is available from 433-3711-
534-49.35 (Sanitation/Cart Renewal and Replacement).
3. Contract award to Hardrives, Inc. in the amount of $109,545.00 for the paving of roads
within the City Cemetery. Funding is available from 334-6111-519-63.90 (Cemetery
Expansion).
4. Bid award to Motorola in the amount of $111,052.45 for the equipment, engineering,
installation, and programming of the two (2) channel expansion of the 800 MHz public
safety radio system. Funding is available from 115-2112-521-49.90 (Police Department
Federal Forfeiture Account).
Recommend approval of the above bids and purchases.
S:\City Cle~k\chevelle folder\agenda memo\Bid Memo.6.03.03
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 Pubj.i~CRl'tiTf~
May 27, 2003
Rehabilitation of Production Well No. 22
Attached is an Agenda Request along with a proposal for rehabilitation of production well #22
from Aquifer Maintenance and Performance Systems. Aquifer Maintenance and Performance
Systems was awarded the annual contract for production well rehabilitation (Bid No. 2001-041)
which is effective through November 11, 2003. The quote from Aquifer Maintenance and
Performance Systems is for $32,094.50 and will be funded from Account # 442-5178-536-46.90,
Other Repair and Maintenance.
Please place the item on the June 3, 2003 Agenda for consideration by City Commission.
CCi
Richard C. Hasko, P.E., Director of Environmental Services
John Bullard, WTP Manager
City Clerk
Agenda File
U:\wwdata~Vlemo\City Manager\03 May27-Rehab of Prod Well 22.doc
April 24, 2003
City of Delray Beach
I00 N.W. Ia Aw.'nue
Oclray Bc, n~h, FI. 33444
Arm: }obn Bollnrd
RE: WELL #22
AMPS, Inc. appreciates d~e opportunity to submit the following summm~ of work performed to date on
well #22 and our corresponding recommendations on how to proceed for your review:
Pulled pump & equipment ~*om well
Pc~formed initial dowohole v~deo survey
AirliP,~d well - rgmoved epproximately 18 cubic f'e~ of sand & gr~ve]l pack, sbet job down ~'
to Cily Airlit~ well to atlompt lo remove gravel pack & fillup on beUom lo eneble us to get a picture o~'the
bottom of the well with the video camera
Well filled up faster than the del~'is eou]d be removed, could not vi(~'o bot~o~
Recommendations:
Remove & replace existing liner gravel pack & air develop wcll. Will r~x yon a proposal ASAP.
If you have any que~ions ebout the ebove info.'nation or iFwe amy be ofnny further assi,,~tance, please
dolt'! besit~t~ to call. Thank
Sincemly~
FOR YOUR TOTAL PUMP AND WELL FIELD NEEDS
QUOTATION
April 24, 2003
CI~ ot'Delmy Beach
IO0 N.W. tn Avenue
D~hsy Beach, FL 33444
Arm: 3ohs Bullard
Re: WELl. #22
AMPS. Inc. apprec/nles the oppo~uni~ lo ~ubmit the rollowlnn ~roposal to pull & replace the liner in well
//22 fo~ your review:
I ) Mobilize polling unR .~' equipment to she $
2) Set up & remove exi~/dng sereen.&'caziim from well ($lSO/'dour) 4.860.00
3) Clean out borehole fi'om approximately 50' (ur lin.om of surface pipe) to IO0'
($32/foo0 3,520,00
4) Furnish & install 40' of.100 slot 12' 316 stainless ~eel ~Crecn ($87.50/~oot)
5) Furnish & inst~ll 110' of ~chcdulc 40 PVC 12" riser (45.95/foo0 5,384.50
6) Develop well tbr.upproximainiy 75hOurS ($lo0.00Ihour) 7,500.O0
?) Furnish & install Smvcl p~k approximately 240 cubic fe~ ($16,50/co.R) 3.960.O0
8) Perform f'mel down~olc video survey on well 1,000.~0
9) .Disinfect the well 350.00
10) Reinstall pump,motor & equipment 600.00
I I ) Perform post spegJfic ¢~oacily test 120.OO
'12) Demobilize equipment & seeure'sile $$0.O0
TOTAL: $32,094.50
If you have imy questions about the above infotmmion or irwe may be of any Ru'thcr assistsoce please
don't hesitate to cell. Thank you.
FOR YOUR TOTAL PUMPAND WELL FIELD NEEDS
ATLANTIC AVENUE
2ND
S W 6TH ST
$,W, 7TH ST.
ST¸
SW
VENUE
10F1
AGENDA REQUEST
No.
Request to be placed on:
X Regular Agenda
Special Agenda
__ Workshop Agenda
Agenda Item ~l..~.
Date: May 27, 2003
When: June 3, 2003
Description of item (who, what, where, how much): Staff requests Commission Approval of a proposal
for rehabilitation of production well #22 from Aquifer Maintenance and Performance Systems (AMP'S).
AMP'S was awarded the annual contract for production well rehabilitation. Total amount of this proposal i~.
$32,094.50 and will be funded from Account # 442-5178-536-46.90, Other Repair and Maintenance.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the proposal from Aquifer Maintenance and
Performance Systems.
Department head signature: C~( .~7~__
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available~/NO
Funding alternative~
(if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agen~O
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
U:\wwdata~Forms~Agenda Requests\03May27-AgendaReq - AMPS.doc
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Manager
Joseph Saffor~ce Director
May 27, 2003
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
JUNE 03, 2003 - PURCHASE AWARD
PURCHASE OF GARBAGE CARTS FROM OTTO INDUSTRIES
Item Before Commission:
The City Commission is requested to approve the purchase of 60 gallon and 32 gallon garbage
carts and lids from Otto Industries, Inc. for the total amount of $23,988 as a sole source purchase.
Background:
The City is in need of additional garbage carts with lids. The carts will have a forest green body,
black lid, rubber tires and hot stamped with City seal and serial numbers. See attached memo
dated May 20, 2003 from the Code Enforcement Administrator.
Otto Industries, Inc. has quoted to the City a unit price of $37.00 each for 68 gallon carts and
$32.50 for the 32 gallon carts per attached quote dated May 14, 2003. This would be a full
truckload of carts and the freight for the full truckload is $1,100.
Otto Industries, Inc. is the original vendor the City has been using for the purchase of these carts
since their initial "roll-out" in 1996.
Recommendation:
Staff recommends the purchase of the garbage carts with lids and freight for the total amount of
$23,988 from Otto Industries, Inc. as a sole source purchase. Funding from account code/t433-
3711-534-49.35 (see attached budget transfer for $3,42~to be transferred to this account from
433-3711-534-99.01). s ,/~,
Attachments:
Memo from Community Improvement Director
Quote from Otto Industries, Inc.
Memo
Jackie Rooney, Purchasing Supervisor
Lula Butler, Director of Community Improvement
Richard Bauer, Code Enforcement Administrator
May 20, 2003
To:
From:
Date:
Re: Roll Cart Order
Please prepare a purchase requisition and a pumhase order for the following items:
Item Quantity Unit Price Total Price
Otto MSD 68 gallon cart with forest
green body, black lid, rubber wheels, 399 $37 $14,763
axel; stamped with City logo and serial
number starting with 03
Otto MSD 3,7, gallon cart with for.est
green body, black lid, rubber wheels, 250 $32.50 $8,125
axel; stamped with City logo and sedal
number starting with 03
Total for Carts$22,888
Shipping $ 1,100
Total Order $23,988
Re: Roll Cart Order
Page 2
Funding will be as follows:
Account 433-3711-534.49-35; Cart Renewal and Replacement
Account 433-3711-534.99-01; Project Reserve
Total
$20,565.62
$ 3,422.38
I have discussed the above pumhase with the Finance Director.
Could you place the above pumhase on the next City Commission's consent
agenda as a sole source pumhase (as advised by the Finance Director)?
Thanks for your help. If you need any further information from me, please advise.
RB:EMT
OTTO Industries Inc.-Quote
Date:
TO:
COMPANY:
PHONE:
FAX:
JackJ Rooney FROM:
City of Delray Beach FI.
VOICE MAIL:
561 243-7166 FAX:
RogerBrown
OTTO Waste Systems
740 397-1078
413 604-5368
Total number of pages: One page
Dear Jacld:
The following ~s our quotalJon with the pdcing and availability of OTTO Industries'
injeclJon-molded recycling containers.
We are pleased to quote ~,~9 OTTO M8D 68 gallon carts ~ $37.00ea{~h ~ifl~ rubber
wheels and 250 MSD 32 gallon carts ~ $32.~0 _~a__,~. on one truokload plus fr~;ht
freight to your Io~afion would be Sir¶00.00 OTTO would be able to manufacture and
ship these bins within approximately five to six weeks from Ihe receipt of your purchase
order.
Thank you for your consideration of the bins manufactured by Otto Industries. You may
reach me at 740 397-1078 anylime.
David H. Wright
David H. Wdght
Southeastern Area Manage~'
Otto Industries Inc.
AGENDA iTEM NUMBER: R.L Z
AGENDA REQUEST
Request to be placed on: June 03, 2003
Date: May 27, 2003
XX Consent Agenda
Description of agenda item:
Special Agenda
__ Workshop Agenda
Approve award to Otto Industries Systems for the purchase of 32 gallon and 60 gallon garbage
carts as a sole source purchase at a total cost of $23,988.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
Recommendation:
NO
NO
Approve award to Otto Industries for the purchase of garbage carts for the total cost of $23,988.
Funding from account code 433-3711-534-49.35 (see attached budget transfer for $3.42-2-~8. to
be transferred from 433-3711-534-99.01 .) ~,~ ~,~_
Department Head Signature~~~
Determination of Consistency w~th Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items,,invqlving expenditure of funds):
Funding available: Yes v~'"~ ,~/ No
Funding alternatives: (if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:~
Hold Until:
No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM#c'~' [-- '~ . REGULAR MEETING OF JUNE 3. 2003
CONTRACT AWARD/HARDRIVE$, IN(2.
MAY 30, 2003
This is before the City Commission to approve a contract award to Hardrives, Inc. in the amount of
$109,545.00 for the paving of roads within the City Cemetery.
Funding is available from 334-6111-519-63.90 (Cemetery Expansion).
Recommend approval of the contract award to Harckives, Inc. for the paving of roads within the City
Cemetery.
$:\City Clerk\chevelle folder\agenda memos\Contract Award. Harddves, 1nc.6.03.03
City Of De. lray Beach
Department of Envtronmentai Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
David T. Harden
Randal L. Krejcarek, P.E.
Cemetery Expansion
ProJect #2003-049
Agenda Request
Date: May 28, 2003
www. MyDelrayBeach. corn
The attached agenda request is for Commission authorization/approval for Mayor to
execute contract with Hardrives, Inc. for the paving of approximately 4,700 square yards
of roads, 25 linear feet of 15 inch drainage, 2 drainage structures and re-sodding within the
City Cemetery. Total cost of this project is $109,545.00.
A location map is attached.
Funding is available in 334-6111-519-63.90.
Please place this on the 03 Jun 2003 Commission agenda.
enc
cc
Richard Hasko, P.E.
Joseph Safford, Finance Director
file: 2003-049 (A)
S:\EngAdmin\Projects~003~2003-049\OFFICIAL~003jun03 agenda memo.doc
-- AUBURN CIRCLE NORTH
S.W. IOT~- '- -
_ ~~ STREET
,~~ ~_~ ~_
~ {~ Cl. of DELRAY BEACH CEMETARY EXPANSION
~ME~ ~8 ~P~ LOCATI ON M AP
~~,~y~~ 2oo~-~e 1 OF1
Date: 28 May 2003 AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda Workshop Agenda
When: 03 Jun 2003
Description of Agenda Item (who, what, where, how much):
Request Commission approval/authorization for Mayor to execute contract with
Hardrives, Inc. for the paving of roads within the City Cemetery. Total cost of this
project is $109,545.00.
Staff Recommendation: ~l~proval _
Department Head Signature:~~'-~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all ite~m~olving expenditure of funds):
Funding Available: ~ / No Initials:~/~E~ Yes
Account Number 334-6111-519-63.90
Description Cemetery Expansion
Account Balance: $159,717.00 ~J ,~
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda:~No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2003\2003-O49\OFFICIAL\2003jun03 agenda.doc
Special Agenda
To.'
From:
Date:
SUBJECT:
CITY OF DELRAY BEACH
MEMORANDUM
Mayor and City Commission
David T. Harden
City Manager
May 29, 2003
TWO (2} CHANNEL EXPANSION ($00 MHZ RADIO SYSTEM}
Recommendation:
I recommend authorization to fund the equipment, engineering, installation and
programming necessary for the two (2) channel expansion of the 800 MHz public safety
radio system. The funding ($111,052.45) is currently available in the Police Department
Federal Forfeiture account (#11521125214990) and earmarked for this project.
Background:
In 2001, the City of Delray Beach obtained and began operating a five (5) channel
Smartzone single transmit; two receive site 821 MHz trunked radio system. The radio
system provides radio communications for Delray Beach Police & Fire personnel, local
government, Gulfstream Police Department and Delray Beach Fire Department
employees operating in the City of Highland Beach. With the level of demand on the
radio system, multiple cases of busy signals have been reported when employees
attempted to communicate. Recognizing that our five (5) channel system is nearing
capacity by public safety standards (i.e., 100 radios per channel), a search was conducted
and the City was successful in obtaining two (2) new RF channels via the 821 MHz
Region 9 Plan from the Federal Communications Commission. The addition of two (2)
new channels will expand the City's available voice channel capacity by 40%.
City of Delray Beach, Florida
2 Trunked Channel addition System Description
CITY OF DELRAY BEACH, FLORIDA
821 MHZ TRUNKED TWO CHANNEL ADDITION
SYSTEM DESCRIPTION
The City of Defray Beach, Florida recently installed and is operating a five (5) channel Smartzone
single transmit; two receive site 821 Mhz trunked system during 2001. Throughout 2001, the
system has experienced system "busies", particularly during the mid-morning and night rush hour
time periods. Ms. Katie Hartman, the City's communications manager has documented reports of
the busy statistics and feels additional channels will mitigate the issue. At the suggestion of City
Police and Fire Department managers, Iqs. Hartmann has successfully acquired two new RF
channels via the 821 Mhz Region 9 Plan. The addition of two new channels will expand the City's
available voice channel capacity by 40%. With the assistance of the City's consultant, RCC
Omnicom, Delray Beach has received final approval for two new channels in the Region 9 plan
and will proceed with licensing work.
Iqs. Hartman has formally requested Motorola assemble a proposal for equipment and services to
add the two new channels to the existing trunked system.
TECHNICAL DE$,CR, TP'rIOltl OF NEW ¢ltAIfll~m ¢ SIX AND SEVEN OIJAIVrAR REPEA TEI~ ¢
A 7' DELRA g P'R;TI~f£
Motorola is proposing the addition of two 821 MHz QUANTAR repeaters at the primary
transmitter/receiver site located at Police Department Headquarters. Motorola's engineer has
determined that converting one existing Quantar receiver located at the Hardrives receive site
into a new repeater is a technically acceptable alternative to purchasing a new Quantar repeater.
The conversion involves adding new exciter, power amplifier and AC power supply modules to
the aforementioned equipment. This converted repeater will be placed into service as new
channel number 6.
The city currently owns a brand new QUANTAR repeater that is currently serving as a spare unit.
The customer's consultant, RCC Omnicem, has advised Motorola that the City prefers to place
this repeater into service as the new channel 7./¥otoro/a concurs w/th th/s recommendat/on w/th
one caveat; P/acing this unit into immediate service eliminates the City's spare transmitter field
replaceable modules(FRU's) inventory. RCC's strategy removes the possibility that a downed
radio channel could be restored to service quickly. The local independent Motorola maintenance
contractor does not generally keep replacement F£L/'s in stock, Replacements must be obtained
from klotorela's parts department located in Schaumburg, Illinois via air freight.
Motorola's installation contractor will physically remove existing Quantar receivers number four
and five from the Satellite Receiver site located at Hardrives Tower site. Contractor will convert
one receiver to repeater by adding one new exciter board, one new transmitter power amplifier
board and one new AC Power Supply to each unit, The Motorola FSO or Motorola contractor will
flash upgrade both Quantars with the latest software version, then test all transmit and receiver
to insure they meet Motorola published specifications, Each Quantar will be mounted upon an
existing 7.5' steel rack already installed at the site. Equipment will be mounted in accordance
City of Delray Beach, Florida
2 Trunked Channel addition System Description
with rack drawings drawn to scale. Motorola's bill of materials contains all modules and cables
required to convert the existing Quantar from a receiver to a repeater. The Quantar receiver
number five removed from service at Hard Drives site will be retained as a spare receiver unit. No
conversion of this unit is planned other than the flash upgrading the unit to latest software
version,
Each Quantar will be capable of 100 watts RF power and operate in beth ASTRO IMBE digital
and/or analog mode. ~'n order to meet the Florida Region Nine licensing cdteda, the transmit
power output will be adjusted to approximately 72 watts as measured by a wattmeter inserted
between the input to the new transmit combiner (described below) and the output of the
Quantar.
Each Quantar will contain the requisite diagnostic alarming software allowing each to be
connected to the site's existing f4OSCAD Alarm and Control sub-system. Motorola NOSCAD
technologists will integrate the new repeaters into the [vlOSCAD Front End Processor located at
the Dispatch Center at time of installation.
The five existing Quantar repeaters at the Pdme site will be flash upgraded with the latest
sol,rare version to match the converted repeaters. Motorola's bill of materials contains all
upgrade sof~cware to perform this task.
Motorola's bill of materials will include all required RF, audio, data, MOSCAD connectors and
surge suppression, beth AC and RI: as may be required to meet Motorola R$6 installation
standards, National Electrical Code and Palm Beach County building code.
TECHN.rCAL DESCRZFITON OF NEW AS'FR O- TAG 3000 ¢Ollf PARTOR A T DELRA Y
Motorola's bill of materials includes one new ASTRO-TAC 3000 comparator. The comparator will
contain all requisite hardware allowing it to pass beth ASTRO digital IMBE and analog voice calls.
Zt will contain one AC power supply, two input modules capable of supporting a maximum of four
channels and V.24 digital processing module. The comparator will be mounted an existing rack
within the Prime site in accordance with scaled rack drawings.
The addiUon of new trunked channels six and seven to the system will require adding new voice
comparators to the system. The Qty owns one ATAC3000 comparator currently in the spares
inventory. Motorola recommends this comparator be placed into service to support channel six as
a way to save money and maximize the use of idle equipment. This comparator will require flash
upgrading to latest software version to match the new channel seven comparator described in
the previous paragraph, Notorela's bill of materials contains flash upgrade kit to perform this task
TECHIfZCAL DE~CR. rPITON OF NEW 82.~ laftlz TRAI¥~JTrER COf4BINER EOUI,4~fEIfT
AND F3.~ i Jaf~; P.,X MUL 17COUPLER EOU.rPMENT,4 T NLRA Y PRIME $J7'~
One new four channel CELWAVE transmitter combiner designed to support the new 821 Mhz
channels will be installed on the same existing equipment rack as the Quantar repeaters. In an
effort to provide some redundancy for the system's control channels, Motorola's contractor will
remove Control Channel No.2 from the existing five channel Celwave combiner(identified as
number 1) and relocate Channel 2 to the new transmit combiner identified as number 2. The
open pert on Transmit combiner :1 will be terminated by a 50-ohm RF load to prevent VSWR. Port
4 on the new transmit combiner will also be terminated by a 50 ohm load for VSWR purposes. As
City of Delray Beach, Florida
2 Trunked Channel addition System Description
per our agreement with the City and RCC Omnicom in May 2002, Control Channels ! and 4 will
remain attached to Transmit Combiner # 1. Existing Celwave TX combiner # ! will be retuned by
the installation contractor to support new voice channel frequency 868.675 Mhz. Upon contract
receipt, Motorola will order new transmit combiner # 2 containing frequencies for Control/Voice
Channels 2 and 3 along with new voice frequency channel 7 866.575 Mhz. Should the City need
to add new channels in the future, the spare port on existing Transmit Combiner # I and new
Transmit combiner # 2 could be used to support a two channel expansion. The combiner output
will be connected to an existing antenna system that was installed as part of the original 2001
project. A new RF surge suppressor device manufactured by Polyphaser will be installed between
the output of the transmitter combiner and existing 7/8" LDF transmission line currently
appearing inside the Pdme site room. The RF surge will be grounded to the existing building
ground in accordance with R56 standards.
Each Quantar transmitter output port will be connected to the transmitter combiner via 1/~,
superflex cable and N-male RF connectors manufactured by Andrew. Each Quantar receiver input
port will be connected to the existing Celwave receive multiceupler via 1/4" superflex cable, N-
male and BNC male RF connectors manufactured by Andrew. New 'N'-Male, BNC male connectors
and 1/4" Superflex are included in Motorola's bill of materials.
OF R~O~(rP~O t4ODIFICA1TO#$ AIVD LfP~$ TO
OLLEE AND COI4PARA TOP~ A T PRZM£ $~"fE EOUIPI4ENT
Motorola's proposal includes one new set of controller codeplugs and flash upgrade kits. One set
of spare codeplugs containing duplicate information for the Site Controllers will also ship with the
order. The addition of two RF channels will require Motorola to execute certain software
upgrades/modifications to existing Prime Site equipment. Specifically, the existing Prime Site
Controllers and five existing Quantar repeaters must be upgraded to reflect the system's change
of status. The upgrades are described in more detail below.
Each T5272 Site Controller requires new codeplugs to be installed. Each codeplug will contain
information on the new channels. Motorola will produce these codeplugs in Schaumburg and
install them at time of upgrade.
Each existing Quantar repeater is operating with a version of software that was current when the
system shipped in 3une 2000. Each of the seven Quantar repeaters will be "flash upgraded" with
the latest software version that matches what is shipped in the new Quantars receivers destined
for the Satellite Receive site. The flashing process consumes approximately !5 minutes per
station.
The system consists of five operational ASTRO-TAC 3000 Comparators plus a spare unit shipped
in 2001. Afl six comparators will be flash upgraded also with the latest soft'ware version to match
the new ASTRO-TAC cemparator contained in Moterola's bill of materials.
TE¢I.Iltl$OII DE~CI~PT~ON OF NEW ~TEI. J'IE I~C£J~E~ AT TIlE
This site contains five existing Quantar receivers, one T5293 Remote Site Controller, Site Clocking
Radio, !2 pert Celwave receiver multicoupler and 2!00VA Uninterruptible Power Supply. All
equipment is mounted upon two existing 8' racks. The City leases space from AN]', the tower
management company who operates the facility for Hardrives Corporation. The cost of each
lease is based upon the total square footage a lessee requires for their radio equipment. The City
asked Motorola to determine the feasibility of adding the two new channels at this site without
City of Dell'ay Beach, Florida
2 Trunked Channel addition System Description
requiring the Oty to lease additional space. Motorola's System Engineer has devised a plan to
accomplish the customer's objective. Details of that plan follow.
In a previous paragraph it was noted f, lotorola's installation contractor would remove two existing
Quantar receivers from Rack # 2 and relocate them to the Prime Site where they will be
converted to repeaters. The removal of both (~uantars opens up a total of ten (10) rack units of
physical space on Rack 2. Each (:~uantar consumes five (5) rack units of vertical space on rack #
2 now. This step eliminates the need for the City to lease a third rack space from Hardrives.
Four (4) new ASTRO-TAC satellite receivers, each two (2) rack units high, will be installed in the
vacated space. Each receiver is configured to operate in beth AS'FRO digital IMBE and analog
mode. Each receiver will be connected to the existing receive mulUcoupler network via 1/4"
superflex cable, 'N'-male and BNC male connectors. Each receiver's analog and ASTRO V.24 ports
will be connected to exisUng TeNSr SRU and ~t-wire analog channel bank parts for transport back
to the Prime site. Motorola's System Engineer has studied the additional drain on the UPS due to
the addition of four ASTRO-TAC receivers. Calculations have determined the additional drain to
be 320VA. Total VA drain on the UPS has been calculated at 1650VA, well below the 2100VA
capability of the existing UPS. In the event of a commercial power loss, the UPS is estimated to
provide current to all existing and new equipment for a period not exceeding eleven (11)
minutes.
All required RF, audio, data and MOSCAD cables and connectors are included in Motorela's bill of
materials for this site.
~ECHNICAL DE:R~R[P17011l OF REOU_rRED I~fODIfTCAITONS AND U,°~RADE'$ TO
E,¥J-~ z~IG OUAItlTAR RE~;£zl/ER~ A T IIARDRJ'VE$ RECEIVE $2TE £OUIp~.f~Arr
The three existing Quantar receivers remaining at the site must be flash upgraded to the latest
software version matching the version shipping with the ASTRO-TAC receivers. Motorola's bill of
materials contains flash upgrade kits to perform this task.
TECHNICAL DE~3~FI70N OF NEW EOUIPIIf£NT ADDJ7701V~ AND SERI/ZCE$ AT ~,."~
FORE~r HILL SAf,4~ ~-~NE NA.~ i cK $~ I r
The addition of two new channels for Delray Beach will require adding two new Digital Interface
Units (DTU) at the master site. It has been determined that physical slots within existing DIU
chassis exists and therefore does not require the procurement and installation of a new DIU
chassis. The new DIU's will each be equipped with DES-OFB encryption cartridges allowing
channels six and seven to process ASTRO encrypted calls matching the capability of the four
existing voice channels. Each DIU will be connected to available SRU ports on the City's existing
TeNSr channel bank. Motorola's bill of materials contains all required audio and data cables and
connectors to interface the new DIU's to master site equipment. One of the acceptance tests will
verify that secure calls can be placed through the two new trunked channels. Pdor to
commencement of the Secure Call ATP, the DES secure code must be loaded into the new D~U's.
Motorola's installation contractor will notify the Delray Beach Police SWAT Commander to load
the current unique DES encryption code into the new Digital Interface Units installed at the
Forest Hill Master Site. As an alternative, the SWAT Commander may extend authorization to the
installation contractor allowing said contractor to obtain the secure DES loader and load the DES
code in lieu of SWAT personnel.
The addition of the new channels requires new channel and audio transport records be created
within the Palm Beach County Smartzone System Management network. Motorola's quote
contains the cost to perform these tasks. However. it will be the City's responsibility to formally
4
City of Delray Beach, Florida
2 Trunked Channel addition System Description
contact Palm Beach County in writina advisino the County Radio Maintenance Manaoer of the
CitY's Dian thereby securlno CountY approval to enter the password-restricted sections of the
Smartzone Manaoer Network. Motorola's installation contractor will request from the City a copy
of the County approval letter prior to performing the above task.
TECHNICAl DE~:;~TP770N OFPRO]ECTPROF~C~_r._n.~I. .~qERVZ*CE$ PROVZ'D,~n
This project will require the services of personnel having specific skill sets. Motorola's proposal
contains the cost for the following personnel:
· System Technologist
· Licensed and Bonded Electrician
· Certified Equipment Installation Technicians
Motorola will employ two types of System Specialists to insure the installation is done properly.
Field ST's will setup, program, optimize and test the RF portions of the system to insure all
equipment is meeting published standards. Furthermore, the Field ST will create the new
documentation within the Palm Beach County/ South Palm Beach Cooperative SMAR'I-ZONE
Manager network so the system recognizes Delray's two new channels. A MOSCAD technologist
from Schaumburg, Illinois will handle the setup, programming, opUmization and testing of the
alarming functions for the two new channels. They will provide services at the Delray Prime Site,
Hardrives Receive site and Delray Dispatch Center site.
Mechanical equipment and cable installation will be handled by Motorola certified installers
familiar with the proposed equipment. All personal are trained to install said equipment in
accordance with the company's established installation practice and are equipped with any
requisite safety equipment.
A site walk conducted on May 6~, 2002 by the System Engineer and Project Manager determined
that the new channels six and seven repeaters being installed at the Delray Prime Site will
require a source of commercial 120VAC power. The company's proposal contains the cost for an
electrician and requisite electrical hardware to install the new service. The outsourced electrician,
an approved Motorola subcontractor, working under the supervision of Motorola's Local Field
Service Organization (FSO) Project Manager will provide the electrical wiring, connectors,
breakers and miscellaneous hardware to said repeaters. Each repeater's AC power will be
installed to the existiog UPS Breaker box so as to power the repeaters via UPS in the event of a
commercial power loss at the site.
A site walk conducted on May 6~, 2002 by the System Engineer and Project Manager at the
Hardrives site determined no additional electrical work was required to support the four new
ASTRO-TAC receivers installation. Therefore no electrical service work is quoted in Motarola's
proposal.
FLIED EOUJPI~fEIk'r,4£r-~:e'rANCE l'E;17#r.
Once all hardware, software and ancillary equipment installation is complete, Motorola and the
customer must verify the equipment is functioning correctly and performing to Motorola
published standards. The Acceptance Testing Procedure (ATP) shall be limited in this project due
City of Delmy Beach, Florida
2 Trunked Channel addition System Descriptlon
to the small amount of equipment being added. The Motorola Service Shop will conduct the
following ATP tests with the customer witnessing it
· Repeater Transmitter Power Output
· Repeater Transmit Repeat Audio Level
· Repeater Receiver Sensitivity
· Repeater Receive Audio Level
· Transmitter Power Output of Celwave Combiner
· Transmitter VSWR measurement at Tx Combiner output
· ~IOSCAD RF and internal Quantar diagnostic alarms at the FEP in Dispatch Center
· RF Channel Alarms within the Smartzone fVlanager Alarms section
In addition to the ATP verification tests, functional testing of call processes (perform test calls) is
to be performed for both new channels in the analog and digital medes to verify correct system
operation.
At time of contract, Motorola's Service Shop will supply a simple ATP document containing test
descriptions above. Document will be submitted to the City for approval. Once approved, the ATP
testing will commence and the document will be marked with each test that passes the minimum
specified criteria. The City shall provide a staff member to witness each acceptance test and
verify the test passes/fails based upon the ATP specification set forth in the ATP document. Once
100% of tests have passed successfully, the customer will be asked to sign the System
Acceptance form indicating their approval to close the project.
tlfETIIOD OF I~ROCEDURF
The City's 5-channel system is currently operational on a 24/7 basis. The addition of the two new
channels will have a short, yet noticeable impact on the user groups who depend upon the
system. It can be assumed by the City short outages involving I or two channels simultaneously
will occur at key times throughout the upgrade. Zn an effort to minimize system disruptions,
Motorola will publish a document called a simple "fvlethod of Procedure'(MOP) that will outline a
step-by-step process which all parties participating in the installation and testing can adhere.
Simply said, each key upgrade task that could cause a potential system disruption shall be
documented with a date and time for each task. Publishing this information in an [vlOP will allow
the City Police, Fire, Public Works and Communication Departments to plan well in advance for
these situations. The MOP will be sent to the City of Delray Beach for approval, shortly after the
receipt of an approved City of Delray Beach Purchase Order. fvlotorola Service will coordinate the
MOP activities. Payment terms are Net 30 days from equipment invoice and Net 30 days from
services invoice.
-.~ ~.~-
~ m"<
)< MOTOROLA FSO
~ITY OF DELRAY BEACH
)~ ~ MOTO FIELD ENGINEERING
MOTOROLA-CCSI CABLE LOFT
MOTOROLA-MOSCAD ENGINEERING
VIOTOROLA ELECTRICAL CONTRACTOi
MOTORO~ FSO
OF DEL~Y B~CH
FIELD ENGINEERING
MOTORO~ CCSI - C~LE LO~
MOTORO~-MOSCAD ENGINEERIN~
MOTORO~ ELECT. CONT~CTOR
ITl
Z
ITl
O
6o -u -4 c 0 ~' ~ C C 0 E7 :C c '-~
-- i~ ~ ~ ~ ~
~ ~ ~ ~ i~ --
-' o ~ ~ ~ ~ ~ ~ m
~ -'
X X X ~ ~OTORO~ FSO
~ X 31~ OF DELRAY B~CH
~OTORO~ CCSI - CABLE LO~
~ X ~ X ~OTORO~-~SCAD ENGINEERING
~OTORO~ ELECTRICAL CONT~CTOR
m
('3
MOTOROLA FSO
CITY OF DELRAY BEACH
MOTO FIELD ENGINEERING
MOTOROLA CCSI - CABLE LOFT
MOTOROLA-MOSCAD ENGINEERING
MOTOROLA ELECTRICAL CONTRACTOR
-o c -o o
.
-. _ ~ ~,~
~ Cl~ OF DEL~Y B~CH
MOTO FIELD ENGINEERING
MOTORO~ CCSI - CABLE LOFT
MOTORO~-MOSCAD ENGINEERINGi
MOTORO~ ELECT. CONT~CTOR
m
z
m
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING, DIRECTOR OF P~-~NNING AND ZONING
CONDITIONAL USE REQUEST TO ESTABLISH A CAR WASH FACILITY TO
BE KNOWN AS WEATHERSPOON CARWASH AT 2210 NORTH FEDERAl
HIGHWAY~ WHICH IS LOCATED ON NORTH FEDERAL HIGHWAY
APPROXIMATELY 1600' SOUTH OF GULFSTREAM BOULEVARD.
The conditional use request is to establish a self-service car wash facility on the property. The
development proposal includes the demolition of the existing two commercial buildings on the
site; construction of a five (5) bay self-service carwash facility; construction of a 225 sq.ft.
related office building; installation of four (4) self-service vacuum lanes; installation of six (6)
parking spaces (four spaces to be located along the west side of the property and two (2)
spaces along the east side of the property); and, installation of associated landscaping,
walkways and refuse container area. In addition, the development proposal includes
conveyance of 20' of right-of-way along the south portion of the property to provide a street
connection between Federal Highway and Dixie Highway, per the North Federal Highway
Redevelopment Plan. The applicant currently operates an identical use at the northwest corner
of Pineapple Grove Way (NE 2nd Avenue) and NE 2"~ Street, which is known as "The Grove
Carwash". "The Grove Carwash" property has been purchased and is proposed to be
redeveloped as a mixed-use project. The owner wishes to re-establish the business at the
subject North Federal Highway property. Additional background and an analysis of the request
are found in the attached Planning and Zoning Board Staff Report.
At its meeting of May 19, 2003, the Planning and Zoning Board held a public hearing in
conjunction with the request. There was some public comment, which was generally in favor of
the proposal. However, there was a member of the public (Kokomo Key resident) that spoke in
opposition to the request and an adjacent property owner who was concerned with buffering.
There were also concerns with the hours of operation and the soundproofing of the vacuum
equipment. After reviewing the staff report and discussing the proposal, the Board voted 5-0
(Morris and Woehlkens absent) to recommend approval of the Conditional Use request, based
upon positive findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan
subject to the following conditions of approval:
1. That a Class V site plan be processed that is in general conformance with the sketch plan
2.
and addresses the items of concerns listed in the staff report;
That a traffic study be submitted which must comply with the Palm Beach County Traffic
Performance Standards Ordinance.
That the specifications for the soundproofing of the vacuum cleaners be provided with the
submission of the site plan application.
Weatherspoon Car Wash
Conditional Use Request
Page 2
4. That a 10' right-of-way dedication be provided along the east property line for Federal
Highway.
5. That an abandonment application be submitted for the 20' section of property along the west
property line for Dixie Highway.
6. That extensive landscaping in excess of the landscape code requirements be provided
along the south perimeter of the property, to screen the drive-thru openings, which will face
a new public street, and that this landscaping be consistent with CPTED (Crime Prevention
Through Environmental Design) principles.
7. That the two spaces proposed in the front of the property be relocated out of the required
10' special landscape setback area or that the spaces be enclosed and building fa(;ade and
roof line be continued.
8. That the refuse container enclosure be moved 3' to the east.
9. That a pitched standing seam metal roof be added onto the carwash building.
By motion, approve the Conditional Use request to establish a car wash facility to be known as
Weatherspoon Car Wash, based upon positive findings with respect to Chapter 3 (Performance
Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the
Comprehensive Plan, and subject to the conditions recommended by the Planning and Zoning
Board.
Attachments:
· P& Z Staff Report and Documentation of May 15, 2003
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
---STAFF REPORT---
May 19, 2003
IV. B.
Conditional Use Request to Allow the Establishment of a Self-Serve Car Wash
Facility to be Known as Weatherspoon Car Wash (Quasi-Judicial Hearing).
B~V~D
GENERAL DATA:
Owner ........................................ Kjell Bergh and Maria N.
Bergh, Co. Trustees
Applicant .................................... Jimmy Weatherspoon
Agent .......................................... Christopher J. Brown
Location ...................................... Located on the west side of
North Federal Highway,
approximately 1,600 feet
south of Gulf Stream
Boulevard.
Property Size .............................. 0.58 acres
Future Land Use Map ................ GC (General Commercial)
Current Zoning ............................ GC (General
Commemial - North
Federal Highway
Overlay)
Adjacent Zoning ................ North: GC (General
Commercial - North
Federal Highway
Overlay)
East: AC (Automotive Commercial)
South: GC (General
Commercial - North
Federal Highway
OveHay)
West: CF (Community Facilities)
& R-1-A (Single Family
Residential)
Existing Land Use ...................... Warehouse
Proposed Land Use .................... Establishment of a self-serve
car wash facility.
Water Service ............................. Existing on site.
Sewer Service ............................. Existing on site.
TENNIS
COUR TS
IV. B.
The action before the Board is making a recommendation to the City
Commission on a Conditional Use request to establish a car wash facility
to be known as Weatherspoon Car Wash, pursuant to Section 2.4.5(E).
The subject property is located on North Federal Highway approximately
1600' south of Gulfstream Boulevard.
The subject property is zoned GC (General Commercial) and involves the north 80 feet
of lot 4. Delray Beach Estates, containing approximately 0.59 acres. The property is
also located in the North Federal Highway Redevelopment Area and Overlay District.
There are two vacant buildings, which exist on site that were constructed in 1957 under
Palm Beach County's jurisdiction. A large billboard sign exists at the southeast corner of
the property.
The subject property, which is zoned General Commercial (GC), voluntarily annexed
into the City on August 22, 1989 with the GC zoning designation (via Ordinance No. 43-
89), along with other properties along the North Federal Highway corridor pursuant to
water service agreements. At the time of annexation, Maury's Tool Chest existed on-
site which was a repair shop and truck rental store. The property was last occupied by
an accountant's office, which vacated the site in 2001. The site is currently unoccupied.
A conditional use request has been submitted to establish a self-service car wash
facility on the property. The applicant currently operates an identical use at the
northwest corner of Pineapple Grove Way (NE 2nd Avenue) and NE 2nd Street, which is
known as "The Grove Carwash". "The Grove Carwash" property has been purchased
and is proposed to be redeveloped as a mixed-use project. Therefore, the owner
wishes to re-establish the business at the subject North Federal Highway property in
question.
A conditional use application was received to establish Weatherspoon Carwash, a self-
service car wash facility on the subject property, which is the request before the Board.
The conditional use request is to establish a self-service car wash facility to be known
as Weatherspoon Car Wash. The development proposal includes the following:
r~ Demolition of the two existing structures on the site;
[:3 Construction of a five (5) bay self-service carwash facility;
[~ Construction of a 225 sq.ft, related office building;
r~ Installation of four (4) self-service vacuum lanes;
P & Z Board Staff Report
Weatherspoon Car Wash - Conditional Use Request for the Establishment of a Wash Facility
Page 2
[] Installation of six (6) parking spaces (four spaces to be located along the west side
of the property and two (2) spaces along the east side of the property);
[] Installation of associated landscaping, walkways and refuse container area; and,
Conveyance of 20' of right-of-way along the south portion of the property to provide
a street connection between Federal Highway and Dixie Highway, per the North
Federal Highway Redevelopment Plan.
The hours of operation will be 6:00 a.m. to 10:00 p.m., Sunday through Saturday. The
facility will not be attended with the exception of when the owners are at the facility to
collect money (one to two hours per day) and no interior or exterior detailing services
are to be provided.
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 (Required Findings) of the Land Development
Regulations, prior to approval of development applications, certain findings must
be made in a form which is part of the official record. This may be achieved
through information on the application, the staff report, or minutes. Findings
shall be made by the body that has the authority to approve or deny the
development application. These findings relate to consistency with the Future
Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance
with the Land Development Regulations.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation.
The subject property has General Commercial (GC) Future Land Use Map and Zoning
District Map designations. The proposal is to establish a self-service car wash facility,
which is allowed as a conditional use in the GC zoning district [ref. LDR Section
4.4.9(D)(14)]. Based upon the above, a positive finding can be made with respect to
consistency with the Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
To date no water and sewer plans have been submitted, however, the following is
noted:
Water service can be accommodated via a service lateral connection to the
existing 8" water main along Old Dixie Highway. ^ fire hydrant exists
immediately southwest of the property along the east side of Old Dixie Highway
therefore adequate fire suppression is provided.
P & Z Board Staff Report
Weatherspoon Car Wash - Conditional Use Request for the Establishment of a Wash Facility
Page 3
Sewer service is available via a service lateral connection to the existing 6" main
along Old Dixie Highway.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the
City at build-out. Based upon the above, positive findings can be made with respect to
this level of service standard.
Drainage:
Paving and drainage plans are not required for the conditional use analysis. Drainage
can be accommodated via sheet flow into sodded swale areas and/or an ex'filtration
trench system. If the conditional use request is approved, a paving and drainage plan
must be provided with submittal of the site plan, and positive findings with respect to this
level of service standard must be made at that time.
Traffic:
With the associated conditional use request, a traffic impact study has not been
submitted. However, the applicant has indicated that this portion of N. Federal Highway
is currently operating at Level of Service "D". Therefore, there are no problems
anticipated with respect to traffic concurrency. Attached as a condition of approval is
that a traffic study be submitted which must comply with the Palm Beach County Traffic
Performance Standards Ordinance.
Parks and Recreation:
Park and dedication requirements do not apply to nonresidential uses. Thus, there will
be no impact on this level of service standard.
Solid Waste:
.The proposal calls for a 2,000 sq.ft, car wash facility, which will generate 9.2 tons [2,000
sq.ft, x 9.2 pounds/sq.ft/year = 18,400/2000 = 9.2 tons] of solid waste per year. The
trash generated by this proposal can be accommodated by existing facilities, therefore,
a positive finding with respect to this level of service standard can be made.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable Objective and Policy were found.
Future Land Use Element Obiective A-1 - Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
P & Z Board Staff Report
Weatherspoon Car Wash - Conditional Use Request for the Establishment of a Wash Facility
Page 4
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs.
The property was developed as a commemial use (currently vacant), and the primary
uses have been offices and a tool repair shop. Few changes to the site have been
made over the years. The proposal calls for the demolition of the site for redevelopment
as a self-service car wash. There are no special physical or environmental
characteristics of the land that would be negatively impacted by the proposed car wash.
The development will be complimentary with the surrounding commercial
developments. While the use as a car wash is not identified as a remaining land use
need, it does provide a service to motorists as well as residents in the surrounding area.
Additionally, the only other self-service car wash facility of this kind existing within the
City limits (The Grove Carwash located at the northeast corner of Pineapple Grove Way
and NE 2n~ Street) is currently owned and operated by the applicant. This conditional
use request is to relocate the car wash facility to the subject property.
Housing Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
The development proposal includes redeveloping the property to accommodate a self-
service carwash facility. The sketch plan indicates that trees will be planted 25' on
center along with a 4' high hedge along the west side of the property adjacent to the
Dixie Highway right-of-way. There is a concern noted with the potential noise from the
vacuums with the residential uses located to the west (beyond the Dixie Highway and
FEC rights-of-way) during the evening hours. While the train noise is much greater
than the vacuums it occurs occasionally. In order to mitigate any potential impacts it is
recommended that the vacuums be insulated to reduce noise. Compatibility with
respect to buffering will be addressed in more detail with the submittal of the site plan.
Transportation Element Objective A-2 (Policy A-2.2) - Commensurate with
approval of development plans, provisions shall be made for dedication of land
for the ultimate right-of-way of adjacent streets. Such dedication shall also
include sufficient right-of-way for expansion of intersections pursuant to the
Palm Beach County Thoroughfare Right-of-Way Identification Map.
Federal Highway
Pursuant to Table T-1 of the Transportation Element of the Comprehensive Plan, the
ultimate right-of-way for North Federal Highway is 120' and currently only 100' of right-
of-way exists. Thus, the east ten feet of the subject property must be dedicated for
North Federal Highway right-of-way with the balance to be obtained with redevelopment
of the property on the east side of North Federal Highway corridor. The conditional use
sketch plan depicts the dedication of the ten feet of right-of-way; however a right-of-way
deed dedicating the ten feet of right-of-way must be provided and accepted by the City
P & Z Board Staff Report
Weatherspoon Car Wash - Conditional Use Request for the Establishment of a Wash Facility
Page 5
Commission via a re-plat of the property. This item has been attached as a condition of
approval.
Dixie Highway
Currently the Dixie Highway right-of-way from Gulf Stream Boulevard, south to the north
line of parcel 707 (H & H Carpet Site) measures 80 feet in width. The ultimate required
right-of-way width for Dixie Highway was 80'. In 1992, the County remanded
maintenance responsibility for the road to the City and the City reduced the required
right-of-way to 60'.
Presently, 80' of right-of-way exists along the subject property. The proposal includes
abandonment of the east 20' of Dixie Highway right-of-way. Attached as a condition of
approval is that an abandonment application must be processed and accepted by the
City Commission.
Future Land Use Element Policy C-1.4:
The following pertains to the North Federal Highway Corridor:
The North Federal Highway Corridor is defined as the area bounded by the FEC
railroad right-of-way to the west, the easterly boundary of the CRA to the east,
George Bush Boulevard to the south, and the north City limits to the north.
Properties in the corridor that front on Federal Highway primarily contain small-
scale, strip commercial development. Many parcels in the area contain vacant or
dilapidated structures, substandard parking, and substandard landscaping. The
area also contains residential areas identified as "Stabilization" and
"Revitalization" on the Residential Neighborhood Categorization Map contained
in the Housing Element. Many of the remaining parcels in the area are currently
vacant.
Due to those conditions, the North Federal Highway Corridor is hereby identified
as a blighted area. The North Federal Redevelopment Plan was approved by City
Commission on March 16, 1999. The Plan identified the need for limited
rezonings and LDR amendments, along with improvements necessary to
accomplish certain redevelopment goals. Future development in the area must
be in accordance with the provisions of the Redevelopment Plan.
North Federal Highway Redevelopment Plan:
The North Federal Highway Redevelopment Plan is the guide by which the North
Federal Highway Corridor is to be revitalized. Development proposals including LDR
text amendments must be consistent with this Plan. As noted in the background section
of this report, the North Federal Highway Redevelopment Plan was approved as part of
a community involvement process known as a "charrette.' The Redevelopment Plan
addresses the fo/lowing issues:
P & Z Board Staff Report
Weatherspoon Car Wash - Conditional Use Request for the Establishment of a Wash Fadlity
Page 6
Improvement of the appearance of the area;
Identification of appropriate uses for parcels adjacent to Dixie Highway and the FEC
railroad tracks;
Identification of and strategies for the elimination of inappropriate and marginal
uses;
Provision for increases in permitted residential densities adjacent to the Intracoastal
Waterway;
Directing smaller business operations to more concentrated areas;
Providing economic stimulation and investment in the area;
Creation of jobs;
Stabilization and preservation of residential neighborhoods through new
development, redevelopment and the elimination of blight.
The proposed self-service carwash is a Iow generator of jobs. A typical self-service
carwash will not have any employees. As noted previously, carwash facilities are
permitted as a conditional use within the North Federal Highway Overlay District. The
identification of appropriate uses along Dixie Highway and Federal Highway were
addressed as part of the North Federal Highway Redevelopment Plan.
While the proposed use is not identified as a remaining land use need, it does provide a
service to motorists and residents in the surrounding area. Additionally, the proposed
use may stimulate commerce to other businesses in the area, thus improving economic
relationship with other businesses along North Federal Highway. Therefore, the
proposed use will provide economic stimulation and investment to the North Federal
Highway area.
Market Demand Analysis:
The Community Redevelopment Agency and the City of Delray Beach Planning and
Zoning Department envision the redevelopment of the North Federal Highway to include
a mix of uses, particularly retail, office, office-light industrial, and residential.
Consequently, the Agency commissioned a market demand analysis for retail and office
uses for the purpose of quantifying the long-term demand. The market demand
analysis indicated that the North Federal Highway corridor could absorb an additional
245, 000 square feet of retail and 250, 000 sq. ft. of office and industrial space over a 15-
year period.
As noted previously, the North Federal Highway Corridor has experienced
redevelopment since the adoption of the Redevelopment Plan. The North Federal
Highway Corridor contains a significant supply of available land that can be redeveloped
as retail, office and light industrial. The proposed use is a specialty type use and does
not specifically fit into the categories listed above. However, the proposal does allow for
the redevelopment of an abandoned use and will draw customers to the North Federal
Highway area which will help other businesses along the corridor.
Federal Highway Overlay District:
The overlay district was approved to allow a mixture of light industrial and more
traditional commercial uses to stimulate redevelopment of this area. The
P & Z Board Staff Report
Weatherspoon Car Wash - Conditional Use Request for the Establishment of a Wash Facility
Page 7
Redevelopment plan indicates that businesses providing goods and services to the local
neighborhood market as well as a larger community market are appropfiate in the area.
Within the overlay distdct all uses permitted in the GC zoning district are permitted
within the overlay district.
The proposed car wash facility is permitted as a conditional use. However, there are
concerns with the design of the car wash building as it is designed to have a fiat roof
with five (5) large drive-thru openings which is somewhat industrial in design. The
sketch plan indicates that the 225 sq. ft. office building has a pitched standing seam
metal roof. The Redevelopment Plan indicates that the structures in the overlay area
must maintain a commercial appearance, regardless of use. In order to reduce the
plain industrial appearance of the car wash facility and to allow for consistency between
the two structures it is appropriate to require that a pitched standing seam metal roof be
added onto the car wash building. Further, extensive landscaping in excess of the
landscape code requirements should be provided along the south perimeter of the
property, to screen the drive-thru openings which will face a new public street. These
items are attached as conditions of approval and are to be addressed in further detail
with the site plan review process.
New Connections to Dixie Highway:
The North Federal Highway Redevelopment Plan recommends that at least two
additional roadway connections be constructed between Dixie Highway and North
Federal Highway, north of NE 14th Street. This will create more manageable block
lengths and improve circulation between the two roadways. Funding for fight-of-way
acquisition and roadway construction is to be the responsibility of the City.
The south 20' of the subject property is being conveyed as right-of-way for the
construction of a new road. The CRA is acquiring a portion of the property to the south,
30' which will also be dedicated for a future public roadway. The City will construct the
new road which will provide a connection between Dixie Highway and North Federal
Highway, which is a recommendation of the North Federal Highway Redevelopment
Plan and is needed for the continued revitalization and redevelopment along the North
Federal Highway corridor.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
The Federal Highway corridor is comprised predominately of commercial uses. The
surrounding land uses are Borton Volkswagen Auto Dealership to the east; Atlantic High
School and single and multiple family residential to the west; vacant property to the
P & Z Board Staff Report
Weatherspoon Car Wash - Cona~tional Use Request for the Establishment of a Wash Facility
Page 8
south; and, a vacant single family residence and Top Line Auto Sales to the north. The
proposed car wash establishment will not have an adverse effect on the commercial
properties to the north, south or east. As previously discussed, potential conflict with
the adjacent residential uses to the west is a concern as there will be some noise
associated with the outdoor component of the vacuum aspect of the business. The
property is separated from the adjacent residential properties by the Dixie Highway and
the FEC rights-of-way and the site has been designed with parking along the west side
of the property. Trees every 25' are proposed along the west property line with a 4' high
hedge. It is recommended that the vacuums be provided with sound proofing insulation
to mitigate any potential impacts relating to noise. There are no concerns with regard to
the hours of operation (6:00 a.m. - 10:00 p.m.) if the sound proofing is installed. Given
the above, the abutting single residential uses should be adequately buffered.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
If the Conditional Use is approved, pursuant to LDR Section 2.4.5(E)(4) a site plan
submittal complying with the Land Development Regulations will be required
which addresses the concerns noted below.
Front Building Setbacks:
Pursuant to LDR Section 4.4.9(F)(3)(a) and the North Federal Highway Redevelopment
Plan, pamels shall have a minimum front building setback of 5' from the ultimate right-
of-way and a maximum setback of 15' from Federal Highway.
The proposed conditional use includes a 5' setback from the ultimate right-of-way along
North Federal Highway, which is consistent with the redevelopment plan. The self
service car wash facility will contain five (5) wash bays and four (4) vacuum lanes. A
225 sq. ft. office building is proposed on the east side of the property and will be
setback 5' from the ultimate Federal Highway right-of-way. Two (2) parking spaces are
to be located in the front of the property adjacent to the office building and four (4)
spaces to the rear (west side) of the car wash and vacuum facilities. The two spaces
proposed in the front of the property will need to be relocated out of the required 10'
special landscape setback area. This can be addressed in further detail with review of
the site plan application.
Special Landscape Setback:
Pursuant to LDR Section 4.3.4(H)(6)(b)(2), a 10' special landscape setback is required
along Federal Highway. Within this special landscape area, no structure or paving
(except for driveways and sidewalks that are perpendicular to the property line) is
allowed. The special landscape area shall not be required between the front building
edge and the ultimate right-of-way where storefronts face the roadway and no parking
or vehicular circulation areas are provided between the building and the right-of-way.
However, the body acting upon the development application may require that foundation
plantings, street trees or other landscape features be installed in front of the building to
add interest and provide relief from the building mass.
P & Z Board Staff Report
Weatherspoon Car Wash - Cona~tional Use Request for the Establishment of a Wash Facility
Page 9
The proposed development has provided a 5' building setback to the ultimate right-of-
way and a 5 landscape setback (after the 10' right-of-way dedication for Federal
Highway) in the area of the parking spaces. Thus, two proposed parking spaces will
encroach 5' into the required 10' landscape setback area. Attached as a condition of
approval is that these two spaces be set back 5' to the west or relocated to another area
of the property. Another option would be to provide covered or enclosed parking and
extend the building facade and roof line to provide the appearance of a continuous
building adjacent to Federal Highway.
North Federal Highway Redevelopment Plan:
Pursuant to the North Federal Highway Redevelopment Plan, a ten foot landscape
buffer is required along Dixie Highway when buildings face North Federal Highway to
screen rear loading and service areas. A landscape area which is more than 20' wide
has been provided along Dixie Highway. However the proposed landscaping must be
installed on the interior edge of the landscape area. There is however, a proposed
encroachment into this required landscape buffer: the refuse container area at the south
corner of the property. Attached as a condition of approval, is that the refuse container
enclosure be moved 3' to the east. Outside of these existing encroachments, the
required landscape buffer has been provided. Thus positive findings with respect to the
North Federal Highway Redevelopment Plan can be made.
Billboard Sign:
There is a large billboard sign which exists at the southeast corner of the property. This
sign existed prior to the property being annexed into the City in 1989. The billboard will
be within the new eastJwest road right-of-way adjacent to the south side of the property.
It is noted that the lease agreement between the property owner and the owner of the
billboard sign has approximately fo'ur (4) years until the lease can be terminated. If the
billboard sign was to be removed prior to the leasing term, then the remaining time left
on the lease of the billboard sign would need to be "bought out". The cost to do so is
exorbitant. Rather than removal at this time it is recommended that the lease
agreement not be renewed. Attached as a condition of approval is that when the
billboard signs' lease expires that it is not renewed and the sign is to be removed. In
the meanwhile the road can be installed in the right-of-way located to avoid conflicts
with the sign.
The subject property is not in a geographical area requiring review by the DDA
(Downtown Development Authority) and HPB (Historic Preservation Board).
Community Redevelopment Agency
The CRA reviewed the Conditional Use request at its meeting of May 9, 2003, and
unanimously recommended approval of the conditional use. One Board member did
P & Z Board Staff Report
Weatherspoon Car Wash - Conditional Use Request for the Establishment of a Wash Facility
Page 10
express concern that the hours of operation (to 10:00 p.m.) would impact the residential
properties across the railroad to the west.
Site Plan Review and Appearance Board:
If Conditional Use approval is granted, a Class V site plan will need to be processed for
the proposed improvements. Final action on the site plan submittal will rest with the
SPRAB (Site Plan Review and Appearance Board). The site plan must address the
concerns raised through the conditional use petition.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
Progressive Residents of Delray
Presidents Council
Kokomo Key
a La Hacienda Seacrest
North Palm Trail
Public Notice:
Formal public notice has been provided 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 proposal is to establish a self-service car wash facility for Weatherspoon Car
Wash. There is some concern regarding the elevations, site layout and potential noise
generated by the car wash facility. However, mitigation for these items have been
identified as conditions of approval and can be addressed in further detail with the
review of the Class V site plan application. The proposed use is consistent with the
policies of the Comprehensive Plan and Chapter 3 of the Land Development
Regulations. Positive findings can be made with respect to the North Federal Highway
Redevelopment Plan and Section 2.4.5(E)(5) regarding compatibility once all the items
of concerns have been addressed.
Continue with direction.
Recommend to the City Commission approval of the conditional use request to
establish a self-service car wash facility for Weatherspoon Car Wash, based
upon positive findings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations,
the North Federal Highway Redevelopment Plan and the policies of the
Comprehensive Plan subject to conditions.
P & Z Board Staff Report
Weatherspoon Car Wash - Conditional Use Request for the Establishment of a Wash Facility
Page 11
Recommend to the City Commission denial of the conditional use request to
establish self-service car wash facility for Weatherspoon Car Wash, based upon
a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional
Use Findings) of the Land Development Regulations, that the proposed use will
hinder development or redevelopment of nearby properties and the North
Federal Highway Redevelopment Plan.
Recommend to the City Commission approval of the conditional use request to
establish self-service car wash facility to be known as Weatherspoon Car Wash,
based upon positive findings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, the
North Federal Highway Redevelopment Plan and the policies of the Comprehensive
Plan subject to the following conditions:
1. That a Class V site plan be processed that is in general conformance with the sketch
plan and addresses the items of concerns listed herein;
2. That a traffic study be submitted which must comply with the Palm Beach County
Traffic Performance Standards Ordinance.
3. That the vacuum cleaners be provided with sound proofing.
4. That a 10' right-of-way dedication be provided along the east property line for
Federal Highway.
5. That an abandonment application be submitted for the 20' section of property along
the west property line for Dixie Highway.
o
That extensive landscaping in excess of the landscape code requirements be
provided along the south perimeter of the property, to screen the drive-thru openings
which will face a new public street.
That the two spaces proposed in the front of the property be relocated out of the
required 10' special landscape setback area or that the spaces be enclosed and
building fa(~ade and roof line be continued.
8. That the refuse container enclosure be moved 3' to the east.
9. That a pitched standing seam metal roof be added onto the car wash building.
10.That when the billboard sign's lease expires that it is not renewed and that the signv
is to be removed.
Attachments:
Sketch Plan and Location Map
Report prepared by: Michelle Hoyland, Senior Planner
IGULF STREAM DRIV[ ~ ~Jll ~ -"~¢¢~. / ~: d CONDITIONAL USE
~b~8oOL
~ COMMERCI~)
N E 22ND STR ::
sc, oo~ _ ~ S
TO:
FROM:
SUBJECT:
DAWD T. HARDE., C T¥ MANAGER
PAUL DORLING, DIRECTOR OF PLANNIN~'~:I~--'")
MEETING OF JUNE 3, 2003 *REGULAR AGENDA*
ADOPTION OF THE SOUTHWEST AREA NEIGHBORHOOD
REDEVELOPMENT PLAN
Prior to the development of the Downtown Delray Beach Master Plan the
southwest area residents (in the vicinity east of 1-95 and south of West Atlantic
Avenue), and other key community stakeholders formed a collaborative alliance
to ensure that community stakeholders played a major role in the planning and
implementation of any redevelopment projects in southwest Delray Beach. The
West Delray Beach Community Management Team was organized to serve as a
vehicle for the active engagement of community stakeholders. The Management
Team is comprised of residents, representatives from the area neighborhood
associations, local faith based leaders, City and CRA officials, public housing
officials, the business community, local CDC (Community Development
Corporation), education officials, local service providers and other community
organizations. This Management Team worked on the education portion of a
redevelopment plan for the southwest neighborhood resulting in the
establishment of the Village Academy.
In 2000, the City partnered with the CRA and the Village Foundation, (formerly
MAD DADS), and the John D. and Catherine T. MacArthur Foundation for the
completion of a Downtown Business District Plan to address development and
redevelopment issues within the City's core business areas. Other participants in
the project included the University Of Florida College Of Law, the FAU/FIU Joint
Center for Environmental and Urban Problems and the Treasure Coast Regional
Planning Council. A Steering Committee consisting of community and business
stakeholders was created to oversee the process and ensure that stakeholders
were adequately represented. In conjunction with the downtown plans scope of
work, the development and redevelopment portion of the Southwest Area Plan
were partially funded.
A Request for Proposals process was undertaken by the City and twelve
consultants responded with proposals to develop the Southwest Neighborhood
Plan. These proposals were ranked by a selection committee made up of
Southwest Neighborhood residents, Management Team members, CRA and City
officials. The contract was awarded to the winning consultant JEG Associates at
the City Commission meeting of February 14, 2002. Since February 2002, the
consultant has worked with the management team and the Southwest
Neighborhood residents to glean theJr vision for the redevelopment of the
neighborhood. This vision was gathered through many outreach activities
including a half day Neighborhood Livability Workshop and other public
City Commission Documentation
Meeting of June 3, 2003
Southwest Area Neighborhood Redevelopment Plan
Page 2
neighborhood workshops and has resulted in the attached draft Neighborhood
Plan.
Study Area
The project study area for the Southwest Area Neighborhood Redevelopment
Plan is bounded by SW 1st Street at the north, which generally follows the
defined edge of the existing commercial overlay district identified in the adopted
West Atlantic Avenue Redevelopment Plan that spans between SW 1St Street
and NW 1s~ Street along Atlantic Avenue. The study area's western limit is
Interstate 95 and the eastern limit is Swinton Avenue. The southern limit begins
at the intersection of 1-95 and SW 10th Street, turns south at SW 8th Avenue,
turns east at the southern boundary of Ridgewood Heights subdivision to SW 4~h
Avenue, then continues east along Southridge Road to its intersection with
Swinton Avenue.
The formal boundaries of the study area do not include the Atlantic Avenue
commercial district, but the impact that neighborhood serving businesses have
on overall livability conditions have prompted the inclusion of those areas in the
proposed neighborhood improvement strategies.
The Southwest Neighborhood Plan is divided into five sub-areas based upon
current and proposed land uses. The sub-areas serve to define potential
boundaries for the phased implementation of the various plan components.
The Southwest Neighborhood Plan includes several general recommendations.
which are summarized in the attached Planning and Zoning Staff report. Also
outlined in the attached report is the relationship of this plan to other approved
plans (West Atlantic Avenue Redevelopment Plan and the Downtown Master
Plan which applies to portions of the study area.
Downtown Development Authority (DDA)
The DDA reviewed the Plan at its meeting of April 16, 2003 and recommended
adoption.
Community Redevelopment A.qencv ~CRA)
The CRA reviewed the Plan at its meeting of January 23, 2003 and
recommended approval.
City Commission Documentation
Meeting of June 3, 2003
Southwest Area Neighborhood Redevelopment Plan
Page 3
West Atlantic Avenue Redevelopment Coalition (WARC)
WARC reviewed the Plan at its meeting of April 9, 2003 and recommended
adoption.
planning and Zoning Board (P&Z)
Planning and Zoning Board reviewed the Plan at their meeting of May 19, 2003
and unanimously recommended approval.
By motion, approve the Southwest Area Neighborhood Redevelopment Plan.
MEETING OF: MAY 19, 2003
AGENDA ITEM: VI.A.
SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN
The item before the Board is that of making a recommendation to the City Commission
regarding the proposed Southwest Area Neighborhood Redevelopment Plan.
Prior to the development of the Downtown Delray Beach Master Plan the southwest
area residents (in the vicinity east of 1-95 and south of West Atlantic Avenue), and other
key community stakeholders formed a collaborative alliance to ensure that community
stakeholders played a major role in the planning and implementation of any
redevelopment projects in southwest Delray Beach. The West Delray Beach
Community Management Team was organized to serve as a vehicle for the active
engagement of community stakeholders. The Management Team is comprised of
residents, representatives from the area neighborhood associations, local faith based
leaders, City and CRA officials, public housing officials, the business community, local
CDC (Community Development Corporation), education officials, local service providers
and other community organizations. This Management Team worked on the education
portion of a redevelopment plan for the southwest neighborhood resulting in the
establishment of the Village Academy.
In 2000, the City partnered with the CRA and the Village Foundation, (formerly MAD
DADS), and the John D. and Catherine T. MacArthur Foundation for the completion of a
Downtown Business District Plan to address development and redevelopment issues
within the City's core business areas. Other participants in the project included the
University Of Florida College Of Law, the FAU/FIU Joint Center for Environmental and
Urban Problems and the Treasure Coast Regional Planning Council. A Steering
Committee consisting of community and business stakeholders was created to oversee
the process and ensure that stakeholders were adequately represented. In conjunction
with the downtown plans scope of work, the development and redevelopment portion of
the Southwest Area Plan were partially funded.
The Downtown Delray Beach Master Plan was formally recommended for adoption by
the Steering Committee on February 4, 2002 and adopted by City Commission in March
of 2002.
Planning and Zoning Board Memorandum Staff Report
Southwest Area Neighborhood Redevelopment Plan
Page 2
With the completion of the Downtown Plan the focus shifted to completion of the
Southwest Neighborhood Plan. A Request for Proposals process was undertaken by
the City and twelve consultants responded with proposals to develop the Southwest
Neighborhood Plan. These proposals were ranked by a selection committee made up
of Southwest Neighborhood residents, Management Team members, CRA and City
officials. The contract was awarded to the winning consultant JEG Associates at the
City Commission meeting of February 14, 2002.
Since February 2002, the consultant has worked with the management team and the
Southwest Neighborhood residents to glean their vision for the redevelopment of the
neighborhood. This vision was gathered through many outreach activities including a
half day Neighborhood Livability Workshop and other public neighborhood workshops
and has resulted in the attached draft Neighborhood Plan.
.Study Area
The project study area for the Southwest Area Neighborhood Redevelopment Plan is
bounded by SW 1st Street at the north, which generally follows the defined edge of the
existing commercial overlay district identified in the adopted West Atlantic Avenue
Redevelopment Plan that spans between SW 1s~ Street and NW 1st Street along Atlantic
Avenue. The study area's western limit is Interstate 95 and the eastern limit is Swinton
Avenue. The southern limit begins at the intersection of 1-95 and SW 10th Street, tums
south at SW 8th Avenue, turns east at the southern boundary of Ridgewood Heights
subdivision to SW 4th Avenue, then continues east along Southridge Road to its
intersection with Swinton Avenue.
The formal boundaries of the study area do not include the Atlantic Avenue commercial
district, but the impact that neighborhood serving businesses have on overall iivability
conditions have prompted the inclusion of those areas in the proposed neighborhood
improvement strategies.
The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas
based upon current and proposed land uses. The sub-areas serve to define potential
boundaries for the phased implementation of the various plan components. These sub-
areas include:
1. Northwest Quadrant
This sub-area encompasses the northwestern section of the study area, extending
from 1-95 to SW 8th Avenue, and from Atlantic Avenue to S.W. 3rd Street.
2. Frog Alley
This sub-area includes a large portion of the historic Bahamian settlement dating
back to the 1800's that got its name as a result of marshy conditions and the
Planning and Zoning Board Memorandum Staff Report
Southwest Area Neighborhood Redevelopment Plan
Page 3
resultant large frog population. The planning boundaries extend from SW 4th
Avenue to SW 6th Avenue, and from Atlantic Avenue to S.W. 4th Street.
3. Village Center
This sub-area links the public service and education facilities within a "service
corridor" that extends from S.W. 3rd Street to S.W. 10th Street. Agencies currently
based within the corridor include Village Foundation (formerly MADD DADS), the
Full Service Center, the Village Academy, the Boys and Girls Club, Head Start, the
Delray Beach Housing Authority, and other service providers that have satellite
operations in the area.
4. Industrial Corridor
This sub-area is zoned for industrial uses and extends from 1-95 to SW 13th
Avenue, and from S.W. 7~h Street to S.W. 10th Street.
5. Infill Area
This sub-area includes all of the land area not included in the above sub-area. This
sub-area represents the majority of the study area's land mass. No major
redevelopment projects are proposed in this sub-area. Infill development, housing
rehabilitation, and code enforcement are the recommended tools to enhance and
protect the stability of the neighborhoods in this area.
The Plan includes several general recommendations. The following major
recommendations include:
· Continue to develop and nurture collaborative relationships among community
stakeholders through vehicles such as the Community Management Team,
Neighborhood Associations, and WARC (West Atlantic Avenue Redevelopment
Coalition).
· Continue to cultivate the Community Management Team as a vehicle for ongoing
stakeholder engagement in the planning and implementation of community
redevelopment projects and initiative.
· Develop mechanisms to keep the community informed about implementation
progress, changes, or setbacks.
· Develop partnerships between the City, the County, the CRA, the Delray Beach
Housing Authority, and other appropriate community stakeholders to provide for
maximum leveraging of public resources.
· Cultivate and coordinate resources for property acquisition and land banking to
accommodate the infill development, and redevelopment strategies outlined in the
plan.
· Develop an aggressive infill development program that gives residents, in areas
slated for redevelopment, priority when selecting potential tenants and/or home
owners for infill units.
Planning and Zoning Board Memorandum Staff Report
Southwest Area Neighborhood Redevelopment Plan
Page 4
Work with the Community Management Team to create/enforce design standards for
new development and infill/rehabilitation projects, consistent with the conceptual
schemes included in this document.
Develop and promote an incentive-based far.,,ade improvement program for existing
commercial and residential structures.
Develop a structured, collaborative process and proactive outreach, education, and
case management strategies to address displacement, relocation, and individual
capacity development issues.
Continue to work with non-profit developers (CDCs) to maintain the affordability of
infill housing units.
Include clear language about urban design parameters and affordable unit set-
asides in all RFPs and contracts.
Focus on the development of neighborhood serving commercial enterprises and
neighborhood compatible office and public use facilities.
Develop fa(~ade improvement programs to encourage existing businesses to
improve the appearance of commercial buildings to be consistent with the proposed
new development.
Set strict design standards (possibly utilizing oveday districts) to ensure that any
new development in the targeted areas is consistent with plan design schemes.
Phase the implementation of proposed redevelopment projects to provide for the
gradual relocation of current residents and to minimize displacement.
Redevelop the northwest quadrant of the study area (I-95 to SW 8th Avenue /
Atlantic Avenue to SW 3rd Street) with a neighborhood serving commercial activity
center along Atlantic Avenue, and a mixture multi-family housing
(apartments/townhomes), single family homes, and amenitized green spaces.
Redevelop the Frog Alley corridor (SW 4t~ Avenue to SW 6th Avenue / Atlantic
Avenue to SW 4th Street) as a mixed use and residential area, consistent with the
historic Bahamian architectural and urban design themes.
Continue to develop the Vi#age Center service corridor (SW 3rd Street to SW 10th
Street) to create a seamless service network linking education, social, and
recreation services and facilities to meet the needs of Southwest area
neighborhoods.
Incorporate the proposed parks and green spaces, and other infrastructure
improvements into current and long-range City department plans and budgets.
Develop a detailed financing plan and implementation schedule to follow-up on the
funding strategies included in this document.
WEST ATLANTIC AVENUE REDEVELOPMENT PLAN
This plan represents a change from the currently approved West Atlantic Avenue
Redevelopment Plan as it relates to the West Atlantic Avenue Overlay District and the
Planning and Zoning Board Memorandum Staff Report
Southwest Area Neighborhood Redevelopment Plan
Page 5
residential areas immediately adjacent to it. The current language for the West Atlantic
Avenue Overlay District includes the following:
While the GC District generally allows uses of a type and intensity that are appropriate
for West At/antic Avenue, the Redevelopment Plan calls for special development
standards that reflect the needs and conditions of the area. In particular, it is important
to prevent over-encroachment of commercial uses into established residential
neighborhoods, while still providing enough fiexibility to encourage commercial
development. A two-tiered approach is applied to development with the 300' deep GC
zoned area north and south of At/antic Avenue except where noted. That approach
includes the fo/lowing general provisions:
Commercial structures will be limited to a depth of 150' from At/antic Avenue, unless
the parcel has frontage on NW 5th Avenue or SW 5th Avenue. Accessory uses such
as parking areas, landscaping, and drainage retention areas would be permitted in
the remaining area of the GC District beyond the 150 foot limit;
[] Commercial structures may be permitted to encroach beyond the 150'line, however,
and such encroachment will require the approval of a Conditional Use by the City
Commission.
There are several other provisions in the Oveday District, which are currently in effect
and are anticipated to be continued in the CBD West Atlantic Overlay currently being
created as a result of the Downtown Delray Beach Master Plan. These include:
Prohibition of a number of uses that are currently permitted in the GC District, such
as Automotive Parts Sa/es, Lawn Care Equipment Sales, Contractor's Offices,
Abused Spouse Residences, Shooting Ranges, Gun Shops Service Stations, and
Adult Entertainment;
[] Restriction of drive-through and drive-in restaurants;
Reduced front building setback requirements along Atlantic Avenue with paver block
sidewalks provided in the setback;
The Architectural Review Committee (ARC) now known as West Atlantic Avenue
Redevelopment Coalition (WARC) to review all development proposals located in
the area;
[] Parking requirements of one space per 300 square feet for all commercial uses
except hotels/motels and restaurants with a requirement of 6 spaces per 1,000
square feet for restaurants. (Some modification to the parking requirements may
result with the proposed design guidelines/LDRs for the downtown area).
[] Adoption of the in-lieu of parking fee program; and,
[] Reduction of open space requirements from 25% to 10%.
Planning and Zoning Board Memorandum Staff Report
Southwest Area Neighborhood Redevelopment Plan
Page 6
The Southwest Neighborhood Plan (Northwest Quadrant) between 1-95 and SW 8th
Avenue calls for an extension of the Commercial/Mixed use designations to 400' at the
southwest corner of SW 8th Avenue and Atlantic Avenue to accommodate a
neighborhood grocery use. In addition, Office/Mixed use is proposed behind the 200'
depth of Commercial between SW 9th Avenue and SW 12~h Avenue from a depth of 200'
to 400' from Atlantic Avenue. These commemial and office uses do not have Iocational
restrictions similar to the West Atlantic Redevelopment Plan. Multifamily uses are
proposed in the balance of the 100 block and throughout the 2nd block between SW 8t~
Avenue and SW 15th Avenue. The current Medium Density (MD) Future Land Use Map
designation allows a maximum of 12 units per acre. The proposed type of multifamily
use may require amendments to increase the allowed density to between 12 and 30
units to the acre. This would require LDR and Comprehensive Plan changes and/or
implementation of an overlay district in the RM (Medium Density Residential) Zoning
District. The office/mixed use exPansion in the Northwest Quadrant Sub area will
require changes to the LDRs and Comprehensive Plan as well as changes to the West
Atlantic Avenue Redevelopment Plan. The commercial area expansion along SW 8th
Avenue will require changes to the adopted West Atlantic Avenue Redevelopment Plan.
The Frog Alley sub-area includes expansion of the Commercial/Mixed use categories to
include the entire 1st block south of Atlantic Avenue between SW 5th and SW 4th
Avenues. The Commercial/Mixed use further extends one-half block east and west of
SW 5th Avenue approximately 1/3 block south of SW 1st Street. These changes will
require LDR, Comprehensive Plan Future Land Use Map changes, and West Atlantic
Redevelopment Plan changes.
The Village Center sub-area proposes a new vehicular roadway connection between
SW 6~h Street and Auburn Avenue (SW 14th Avenue). The right-of-way currently does
not exist nor is it contemplated on any future roadway plan. Further, an eastedy
extension of SW 7~ Street to Auburn Avenue for which right-of-way has been obtained
is not noted on the Plan.
The Industrial Corridor and Infill sub-area proposals are consistent with current LDR and
Comprehensive Plan Policies, and are consistent with on-going development activities.
DOWNTOWN DELRAY BEACH MASTER PLAN
The Downtown Delray Beach Master Plan contemplated the Commercial area
encroachment along Atlantic Avenue to be limited to the current General Commercial
West Atlantic Overlay District. The Downtown Plan envisioned predominately single
family and multifamily (first two blocks) infill at currently allowed densities in areas
outside this Commercial Overlay District. Therefore, the expansion of the Commercial
Mixed Use areas/Office/Mixed Use areas, and increases in Multifamily Densities in the
Northwest Quadrant, and Frog Alley sub-areas differ in the two plans. In addition, the
proposed infill neighborhood park sites, location of proposed traffic calming devices,
and specific street alignments differ between the plans. However, the differences in
park sites, traffic calming, and street alignments are minimized as there is language in
Planning and Zoning Board Memorandum Staff Report
Southwest Area Neighborhood Redevelopment Plan
Page 7
both plans, which references the plans as conceptual in nature and that the ideas and
schemes are intended to be flexible.
Many common aspects for community revitalization are contained and shared in both
plans. These include the concepts of public infrastructure investment to beautify public
spaces. The plans jointly promote strong design guidelines, urban setbacks, and
private property beautification including, neighborhood parks, streets, and general
landscape enhancements.
Downtown Development Authority (DDA)
The DDA reviewed the Plan at its meeting of April 16, 2003 and recommended
adoption.
Community Redevelopment A(lency (CRA)
The CRA reviewed the Plan at its meeting of January 23, 2003 and recommended
approval.
West Atlantic Avenue Redevelopment Coalition (WARC)
WARC reviewed the Plan at its meeting of April 9, 2003 and recommended adoption.
By motion, recommend to the City Commission adoption of the proposed Southwest
Area Neighborhood Redevelopment Plan.
TO:
THRU:
FROM:
SUBJECT:
MEETING OF JUNE 3, 2003 - REGULAR AGENDA
REVIEW A REQUEST FROM CRAIGE'S FURNITURE FOR THE
PURCHASE OF NINE (9) IN-LIEU PARKING SPACES
Craige's Furniture located at 111 East Atlantic Avenue is a two-story structure
totaling 13,276 square feet of retail space. Pursuant to Land Development
Regulations (LDR) Section 4.4.13(G)(1)(a), calculated at 1 space per 300 square
feet, the site requires 45 parking spaces, six (6) of which are currently provided
leaving a current deficit of 39 spaces. A Class II Site Plan Modification has been
submitted proposing the conversion of 3,458 square feet of retail space to restaurant
use. Parking for the existing 3,458 square feet of retail requires 12 parking spaces.
The conversion to restaurant would require 22 spaces requiring the provision of ten
(10) additional parking spaces, increasing the deficit to 49 spaces. The elimination of
existing loading bay and reconfiguration of the existing parking area on the north side
of the building will result in the provision of one (1) new parking space. Due to site
constraints the applicant is unable to provide the remaining required parking spaces
on site and therefore is requesting the purchase of nine (9) in-lieu parking spaces at
a cost of twelve thousand dollars ($12,000) each, totaling one hundred and eight
thousand dollars ($108,000), to be paid in full at the time of submission of a building
permit application.
The Old School Square Lot and Worthing Lot with capacities of 164 and 60 spaces
respectively are two municipal parking lots in proximity of the subject property. These
lots regularly sustain high utilization particularly in the evenings and on weekends
when it is anticipated that this restaurant will see its highest generation of traffic.
At their meeting of April 22, 2003 the Parking Management Advisory Board
recommended approval of the applicant's request with a 5 to 2 vote (Dahlem and
Lewis dissenting).
Pursuant to Robert's Rules of Order a request for reconsideration of the item was
made and will be voted on at the May 27, 2003 meeting. The results of this
reconsideration, if held, will be announced at the June 3, 2003 Commission meeting.
Commission discretion.
MelTiO
To.' City Commission,~,~ ~
Frolm David Harden ~ I
May 16, 2003
Abandonment Request for Wallace Drive Right-of-Way
This is a very unusual situation in that the applicant owns land on the west side of the right-of-
way while the City owns land on the east side. The land owned by the City is portions of lots
12 and 13 as indicated on the attached survey. If this abandonment is approved, the portion
of the right-of-way crosshatched in orange will come to the City, while the portion
crosshatched in yellow will become the property of the applicant.
On two separate occasions, beginning in 1999, the applicant inquired about buying the City's
property, so that all the abandoned right-of-way would come to him. His last offer was
$5,000, which City staff thought was insufficient.
The tdangle now owned by the City includes 3,104 square feet. The right of way which would
be added to the City's property includes 6,784 square feet, for a total of 9,888 square feet.
An appraisal done in the general area in 1999 established a value of $4.00 per square foot,
which would equate to $31,147 for the entire 9,888 square feet. Given the odd shape of the
City's parcel, City staff fell that we could support a sale at $15,000, but not at $5,000.
Another way to value this property would be to use only the area we presently own outside
the right-of-way, which would be $12,416 at $4.00 per square foot.
If the abandonment is approved as requested, the City will be left with an oddly shaped
parcel which would be diffficull for anyone to build on, given the 25 foot front and 10 foot rear
setbacks required in the MIC district. If the requested cross access agreement is approved, it
would further restdct the buildability of the City's parcel. If the right-of-way is not abandoned,
it, together with the City parcel, could be used for stormwater retention or other purposes.
Altematives: 1. Approve the request.
2. Approve the abandonment but not the cross access agreement.
3. Deny the request, subject to reconsideration if the applicant acquires the
land on the east side of the right-of-way.
Recommendation: I recommend that the request be denied and that the Commission
determine a price at which it w~uld be willing to sell the triangular area indicated as lots 12 and
13.
LOT 3
(4.7
LOT 5
VACANT
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN ~/)~ ~ j%~
PAUL DORLING, DIRECTOR OF
NGUYEN TRAN, N~A
SENIOR PLANNER
MEETING OF MAY20, 2003 *CONSE GENDA*
ABANDONMENT OF A PORTION OF WALLACE DRIVE RIGHT-OF-WAY
(FORMERLY GERMANTOWN ROAD) LOCATED ON THE WEST SIDE OF
S.W. 10TM AVENUE, BETWEEN S.W. 10TM STREET AND WALLACE DRIVE.
The request involves abandoning a portion of Wallace Drive previously known as Germantown Road.
The right-of-way was dedicated with the recording of the plat of Esquire Subdivision (Plat Book 23,
Page 43) in Februa~ of 1950 and consists of approximately 20,557 sq. ft. (0.47 acre). The portion of
right-of-way proposed for abandonment originally intersected S.W. 10th Street which was realigned in
1994 to connect to $.W. 10th Avenue. The request before the City Commission involves the
abandonment of a portion of the old alignment.
Currently, the proposed abandonment area is both unimproved (south end) and contains a driveway
access from S.W. 10th Avenue to a parking area of a convenience store (Lot 3) to the north.
The abandonment request was submitted by Mr. John D. Roof and Mr. William H. Roof, the owners of
Lots 4, 5 and a portion of Lot 1 of the plat of Esquire Subdivision. The owners intend to incorporate
their portion of the abandoned area to be used for parking and access for a development named Roof
and Rack which is currently seeking Site Plan approval. According to the site plan for Roof and Rack,
the proposed development will have driveway access from S.W. 10th Avenue. As the driveway from
S.W. 10th Avenue lies within the area of right-of-way which will be returned to the abutting property
owner on the east (the City of Delray Beach), an access easement granted by the City to the owners of
Lots 3, 4 and 5 for ingress-egress purposes will need to be executed in conjunction with the
abandonment request.
The City's Environmental Services Department (ESD) has identified an 8" sewer main and a 16" water
main within the abandonment area. Florida Power and Light (FP&L) has identified overhead facilities.
Although given surveys of the abandonment area, Adelphia Cable, BellSouth and Florida Public Utilities
Company (gas) did not respond to the abandonment request. Since the City of Delray Beach and
Florida Power & Light have identified facilities within the abandonment area, a general utility easement
will be retained over the entire abandonment area to cover all existing and future facilities.
On July 19, 1999 the item was considered by the Planning and Zoning Board and
recommended for approval subject to the following conditions:
1. That replacement easements be provided to cover the existing 8" sewer and 16" water
mains;
2. That the replacement easements be provided to cover all services on the existing
overhead utility line and any other existing future services; and
3. That a cross-access (Access Easement) be processed concurrent with the
abandonment to cover the section of driveway for the retail store which encroaches into
the right-of-way reverting to the City.
City Commission Documentation
Meeting of May 20, 2003
Abandonment of a Portion of Wallace Drive (formerly Germantown Road)
Page 2
The Access Easement is in the process of being executed at this time. The abandonment
resolution will not be forwarded for recording until the access easement has been fully
executed. All other conditions have been addressed.
By motion, approve the abandonment of a portion of Wallace Drive right-of-way (formerly Germantown
Road) based upon positive findings with respect to LDR Section 2.4.6(0)(5) and delay recording the
abandonment Resolution until the access easement has been executed.
Attachments:
· Location Map
· Abandonment Resolution
· Access Easement
· Planning and Zoning Board Staff Report of July 19, 1999
S:~Planning & Zoning\BOARDS\CITY COMMISSION~,bnd of Portion of Wallace Drive (Roof & Rack).doc
PARK TEN
10TH
DELRA Y BEACH
MEMORIAL
GARDENS
STREET
L_
$.W. 11TH ST.
S.W. 9TH S1
LIN TON
CENTRE
PARK TEN
2ND ADD.
POINSETTIA DRIVE
GEORGIA S~EET
THE
OR 0 VES
BESSIE ST,
ELLA ST.
MILFRED STREET
WALLACE
FORD
OU TB/
WALLACE
NISSAN
LINTON
SOUTHRIOGE RD.
ZEO£R AVE.
WALLACE SOUTHRIDGE
DODGE VILLAGE
CONDO
BOULEVARD
II LINTONINTER~ATIONAL
PLAZ~
N
ABANDONMENT
A PORTION WALLACE DRIVE (f.k.a. GERMANTOWN ROAD)
~>
RESOLUTION NO. 32-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF WALLACE DRIVE RIGHT-
OF-WAY (PREVIOUSLY GERMANTOWN ROAD) LOCATED
ON THE WEST SIDE OF S.W. 10TM AVENUE, BETWEEN S.W.
10TM STREET AND WATJ,ACE DRIVE, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY EASEMENT
OVER THE ENTIRE AREA THEREOF, AS MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Dekay Beach, Florida, received an apphcation for
abandonment of a portion of Wallace Drive right-of-way, as dedicated on the plat of Esquire
Subdivision (Plat Book 23, Page 43), as more particularly described herein; and
WHEREAS, said application for abandonment of a general public tight-of-way was
processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on July 19, 1999,
and voted 5 to 0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement be
retained over the enti~e area; and
WHEREAS, as a condition of the abandonment of the area described below, an
access easement will be processed concurrent with the abandonment to cover the section of
driveway for the retail store which encroaches into the right-of-way returned to the City as a result
of said abandonment; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that
its interest in the described property is no longer needed for the public good and deems it to be in
the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon
positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and
reserves unto itself a u6lity easement over the entire area thereof, as more particularly described
herein, for the purpose of emergency access and constructing and/or maintaining, either over or
under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for
various public utilities whether owned by the City or private corporations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all
right and interest it holds to the follow'rog real property for right-of-way purposes only, but does not
abandon and retains and reserves unto itself a utility easement over the entire area thereof, for the
purpose of emergency access and constructing and/or maintaining, either over or under, the surface
poles, '~Vztes, pipes, sewers, drainage fa(rifles, or any other facilities used for various public utilities
whether owned by the City or private corporations, more particularly described as follows:
Beginning at the Southeast comer of Lot 5, Esquire Subdivision
according to the Plat thereof, as recorded in Plat Book 23, at page 43
of the Public Records of Palm Beach County, Florida; thence North
88° 11' 00" East along the easterly extension of the southerly line of
said Lot 5, a distance of 22.29 feet to an intersection with a non-
tangent curve, concave to the southeast, whose radius bears South
42° 04' 39" East, having a radius of 110.00 feet and a central angle of
42° 02' 22"; thence northeasterly along the arc of said curve a
distance of 80.71 feet to a point of tangency; thence North 89° 57'
48" East a distance of 2.53 feet; thence North 22° 21' 16" East, along
the easterly right-of-way of Germantown Road as shown on Esquire
Subdi,/~sion a distance of 132.59 feet; thence North 00° 02' 12"
West, along the westerly right-of-way of SW 10~ Avenue, as laid out
and in use; a distance of 160.70 feet to the pc/mt of curvature of a
curve concave to the southwest, having a radius of 25 feet and a
central angle of 57° 42' 21"; thence northerly along the arc of said
curve a distance of 25.18 feet to a point on the easterly line of Lot 3
of said, Esquire Subdivision; thence South 22° 21' 16" West, along
the easterly line of said Lots 3, 4, and 5, a distance of 360.00 feet to
the point of beginning.
Containing 20,557 square fee/(0.47 acre), more or less.
PASSED AND ADOPTED in regular session on this the
2003.
day of
ATI~EST:
MAYOR
City Clerk
Resolution No. 32-03
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH -~
---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
July 19, 1999
VI.B.
Abandonment of a Portion of Wallace Drive (Formerly
Germantown Road) Which Previously Intersects S.W. 10th Street.
GENERAL DATA:
Applicant .............................. John and William Roof
Location ............................... Portion of Wallace Drive
(formerly Germantown Road)
Property Size ........................ 0.47 Acre
Existing F.L.U.M
Designation .......................... Redevelopment Area 2
Current Zoning., .................... MIC (Mixed Industrial &
Commercial)
Existing Land Use ................ Unimproved right-of-way
Proposed Land Use ............. Abandonment of the portion
of unimproved right-of-way to
be incorporated into adjacent
properties for access and
parking
Water Service ....................... n/a
Sewer Service ...................... n/a
STREET
VI.B.
The item before the Board is that of making a recommendation to the City
Commission on abandonment of a portion of Wallace Drive (fka Germantown Road-
old realignment area). The subject right-of-way is located on the west side of S.W.
10'~ Avenue, between S.W. 10"~ Street and Wallace Drive. The applicant for the
abandonment is the owner of Lots 4 and 5 of the Esquire Subdivision.
The area of Wallace Drive to be abandoned was previously known as Germantown
Road, which was dedicated as an 80' right-of-way with the recordation of the Esquire
Subdivision plat in February, 1950. Wallace Drive once intersected with S.W. 10~
Street, but was realigned in 1994 to connect with S.W. 10th Avenue. The request
before the Board involves the abandonment of the old alignment area.
The right-of-way is overgrown with grass, except for an asphalt parking area and
driveway with access to S.W. 10~h Avenue. The driveway connects to a parking area
for a convenience store' on Lot 3 (Mr. A's Grocery, currently vacant) located at the
southwest corner of S.W. 10th Street and Wallace Drive. In addition, there is an
existing overhead utility line, 8" sewer main, and 16" water main within the subject
right-of-way.
The area to be abandoned consists of approximately 20,557 sq. ft. (approximately .47
acre). The abandonment is being requested to accommodate future development of
abutting Lots 4 and 5 to the west, which are currently vacant.
Wallace Drive was originally platted as Germantown Road with a dedicated right-of-
way width of 80'. Because the remaining right-of-way is oddly configured, at some
points the width exceeds 80'. Pursuant to LDR Section 2.4.6(O)(1), public property
dedicated through subdivision shall be divided at the center line and returned equally
to abutting parcels when abandoned. The subject right-of-way was dedicated entirely
from the Esquire Subdivision plat. Upon abandonment, approximately 40' will revert
to the owners of the lots to the west (Lots 3-5). The City owns adjacent portions of
Lots 12 and 13 to the east, and would therefore receive the eastern 40'. In addition,
the northern 160' of right-of-way abuts S.W. 10th Avenue (a public right-of-way), and ~
of this abandonment area will revert to the City. The existing ddveway off S.W. 10th
Avenue accessing the vacant structure on Lot 3 lies within the area of right-of-way to
be abandoned to the City. The City has no future plans for the abandonment area,
and therefore the abandonment will not impact this point of access.
Planning and Zoning Board Staff Report
Wallace Drive Abandonment (fka Germantown Road - Old Alignment Area)
Page 2
The subject abandonment area is bordered to the east by the R-1-A (Single Family
Residential) zoning district, and to the west by MIC (Mixed Industrial and
Commercial). The surrounding land uses include vacant lots and S.W. 10~ Avenue
right-of-way to the east, and vacant properties and a vacant convenience store to the
west.
Utilities:
The City's Environmental Services Department has reviewed the request and
indicated that replacement easements must be provided to cover the existing 8"
sewer and 16" water mains within the area of abandonment. Provision of easements
to cover these utilities are attached as a condition of approval.
All utility companies (FPL, Adelphia Cable, BellSouth, Florida Public Utilities) were
provided with surveys of the abandonment area. FPL has indicated a 10'
replacement easement will be required to cover the existing service on the overhead
utility line. Although no responses have yet been received from BellSouth, Adelphia
Cable, or Florida Public Utilities, any services on the overhead utility line or
underground will require replacement easements. Provision of easements covedng
any existing and future services within the abandonment area (FPL, Adelphia, Florida
Public Utilities, BellSouth) is attached as a condition of approval.
Access:
Although it is currently unoccupied, the structure at the southwest corner of S.W. 10~
Street and S.W. 10~ Avenue takes access from S.W. 10th Avenue via an existing
driveway located within the abandonment area. This driveway is within a portion of
the abandonment area that abuts S.W. 10th Avenue, which will revert to the City. As a
result the driveway will encroach on City-owned property. The City has no future
plans for this right-of-way, and therefore the driveway access should not be impacted
by the abandonment. It is noted, however, that a cross-access easement will need to
be executed for that portion of the driveway which traverses the portion of the right-of-
way that will revert to the City. This easement should be approved by the City
Commission concurrent with the abandonment. Alternatively, the property owner
could elect to purchase the City-owned parcels, therefore having direct access to
S.W. 10~ Avenue. The same situation exists for the vacant property to the south,
which when developed will need to cross this property to obtain access to S.W. 10th
Avenue.
Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being
approved, the following findings must be made:
Planning and Zoning Board Staff Report
Wallace Drive Abandonment (fka Germantown Road - Old Alignment Area)
Page 3
A) That there is not, nor will there be a need for the use for the right-of-way for
any public purpose.
Sanitary sewer and water mains and an overhead utility line exist within the Wallace
Drive right-of-way. Easements will be required to cover these services and any other
existing and future services. Provision of replacement easements is attached as a
condition of approval.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
Any future development on Lots 4 and 5 will take access from S.W. 10~ Avenue or
$.W. 10th Street. Although it lies within the portion of the subject area that will revert
to the City, the existing driveway providing access between $.W. 10"~ Avenue and the
existing structure on Lot 3 should not be impacted by the abandonment. Cross
access easements will be provided concurrent with the abandonment.
C) That the abandonment will not result in the detriment for the provision of
access and/or of utility services to adjacent properties or the general area.
The existing building on Lot 3 will continue to have access from S.W. 10th Avenue and
S.W. 10~ Street. Modifications to or redevelopment of the site may require re-
evaluation of the existing driveway locations. Easements will be required to cover the
water and sanitary sewer mains, overhead utility line and any other services located
within the subject right-of-way. No detriment will therefore result.
The subject right-of-way is remaining area from the realignment of Wallace Drive, and
its intended use is limited. By abandoning the limited area to private interests, the
adjacent lots may be enhanced through development. Replacement easements will
be required to cover the 8" sanitary sewer and 16" water mains, and services on the
existing overhead utility line. The existing structure on Lot 3 (formerly Mr. A's Grocery
Store) will have continued access via the driveway within the abandonment area with
access to S.W. 10th Avenue, as well as from $.W. 10~ Street. It is noted that cross-
access easements will be necessary to allow for access over the sections of right-of-
way reverting to the City, unless the property owners elect to purchase the property
from the City.
1. Continue with direction.
Planning and Zoning Board Staff Report
Wallace Drive Abandonment (fka Germantown Road - Old Alignment Area)
Page 4
2. Recommend approval of the abandonment subject to positive findings with respect
to LDR Section 2.4.6(O)(5), subject to conditions.
3. Recommend denial of the abandonment based upon a failure to make positive
findings with respect to LDR Section 2.4.6(0)(5).
By motion, recommend approval of the abandonment a portion of Wallace Drive right-
of-way, subject to the following conditions:
That replacement easements be provided to cover the existing 8" sewer and
16" water mains.
That replacement easements be provided to cover all services on the existing
overhead utility line and any other existing and future services.
That cross-access easements be processed concurrent with the abandonment
to cover the section of the driveway for the retail store which encroaches into
right-of-way reverting to the City, and to provide for future access to S.W. 10"~
Avenue by Lots 4 and 5.
Attachments:
Location Map
r-] Survey
Esquire Subdivision Plat
ROOF & RACK
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Dekay Beach, Florida 33444
ACCESS EASEMENT AGREEMENT
FROM THE CITY TO THE PROPERTY OWNER
THIS AGREEMENT, made this __ day of
· 200_, by and between
, with a mailing
address of
("OWNER"), and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st
Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of
Florida, ("CITY"):
NOW THEREFORE, in consideration of $10.00 and other valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. CITY hereby grants to OWNER a non-exclusive easement for ingress and egress
to enter upon and across, the property as shown in Exhibit "A", (access easement area) attached
hereto, for the purpose of pedestrian and vehicular access. The granting of this easement shall
not interfere with any underground utilities that currently exist or may exist in the future in the
Access Easement area.
2. The parties agree that this Access Easement Agreement shall be recorded in the
Public Records of Palm Beach County, Florida. The access easement granted herein shall not be
transferred, assigned, sold or otherwise conveyed except in conjunction with the transfer or sale
of the property that is provided access by this easement. At such time as the access easement
granted herein is no longer required by the OWNER, the easement may be released of record by
a written document executed by an authorized signatory of the OWNER.
3. The parties hereby agree that the OWNER shall be responsible for the
maintenance, replacement and repair of the property encompassed within the grant of the
easement contained herein.
4. For the payment of additional consideration of Ten Dollars ($10.00), receipt of
which is hereby acknowledged, OWNER shall, and hereby agree to indemnify and hold the
CITY harmless from and against any and all judgments, damages, claims, demands, losses,
liabilities and other costs and expenses, including reasonable attomey's fees incurred in the
defense thereof, that may be incurred by reason of any loss, damage or injury to any person or
property resulting directly or indirectly by reason of the use of the Access Easement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day
and year first above written.
ATTEST: OWNER
By:.
Print Name: Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __ day of
200_ by who is personally known to me or who has
produced as identification.
Signature of Notary Public ~ State
of Florida
ATTEST:
City Clerk
Approved as to Form:
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
City Attorney
[ITY DF DEI. I;I:IY BEI:I[H
Ali-America City
1993
2001
TO:
DELRAY BEACH FLORIDA 33444
David T. Harden
City Manager
FROM: ~Robert A. Barcinski
' Assistant City Manager
DATE:
SUBJECT:
May 28, 2003
AGENDA ITEM~'~6 CITY COMMISSION MEETING JUNE 3, 2003
SPECIAL EVENT REQUEST - BED RACE AND CONCERTS
ACTION
City Commission is requested to endorse the Annual Bed Race scheduled for Saturday, August
300' and concerts to be held on Friday August 290' and Saturday August 300' sponsored by
Pineapple Grove NP, Inc. Commission is also requested to grant a temporary use permit per
LDR's Section 2.4.6(H) for the use and closure of NE 2nd Avenue from 4:00 a.m. to 11:00 p.m.
on August 30th and the closure of NE 1 st Avenue from the ground of Old School Square to NE 1st
Street on Friday August 29,h at 6:00 a.m. until 11:00 p.m. on August 300', and to authorize staff
support for traffic control and security, EMS assistance, barricade set up and removal, stage set
up and removal and trash clean up, and authorize event signage.
BA CKGR 0 UND
The Bed Race for the last two (2) years has been part of Summer Nights on the Avenue. This
year Pineapple Grove NP, Inc. is taking over sponsorship of the event and is proposing a separate
event with two (2) concerts. A concert is proposed for August 290' from 8:00 p.m. until 11:00
p.m. and on August 300' from 9:00 p.m. until 11:00 p.m. The Bed Race and Festival with
vendors is proposed to be held on NE 2nd Avenue from 11:00 a.m. until 8:00 p.m. The concerts
will be held at the Pavilion at Old School Square. The area will be fenced and there will be a
charge for the concert.
The format of the race is being changed to include seven (7) divisions with cash prizes. Attached
is a letter received from Nancy Stewart outlining the event and requests for staff assistance.
Estimated staff overtime costs for the concerts and bed race are $9,000. Stage and barricade
rental costs are estimated to be $1,210. Therefore, the sponsors' share of costs will be $5,105.
This cost is based on the new policy. This will be an intermediate event sponsored by a private
organization.
561/243 7000
EFFORT ALW,~YS MAT'rERS
Agenda Item City Commission Meeting June 3, 2003
Page #2
Date: May28, 2003
Staff' has reviewed the site plan and has advised Ms. Stewart that the bleachers will have to be
relocated to allow a 14' passage, if needed, for emergency vehicles. She has agreed to this
change. An event budget is attached.
RECOMMENDATION
Staff recommends approval of the Bed Race and Concerts, the temporary use permit for the
closures of NE 2na Avenue and NE 1~t Avenue as requested and approval of staff support as
requested with the event sponsor paying 50% of the costs. Approval conditional upon receipt of
a certificate of liability insurance and hold harmless agreement with a change in the site plan to
maintenance a 14' clearance for emergency vehicles.
RAB/tas
File.'u.'sweeney/events
Doc:Bed Race and Concerts 2003
6th ANNUAL PINEAPPLE GROVE BED RACE BUDGET
INCOME
Admissions (concert) @ $10 x 2
Alcoholic & Non-Alcoholic Beverage Concession
Bed Entry Fees (8 categories x 4 beds)
Battle of the Cities
Grants (DDA, CRA)
Sponsorship
Vendor Fees
VIP Seating (200 @ $40 each)
EXPENSES
3 Referees ($25 per hr-8 hrs)
Bank Charges (checks, svc chgs)
Beds (Labor & materials)
Bleachers (5 from Parks & Rec; determine add'l
needed); 5 rows / 50 people
Miami Grandstands 305-636-9665)
Cash Prizes ($1,000 for 1sT place winners)
City Staff (Police, Fire, Parks & Rec, Public Works
3 hrs provided under Summer Nights program
2/11-Left msg for Bob Barcinski
Design - Poster, ad, panel card brochure &
stationary layout, ViP concert tickets
Web Site? (Domain name registration-S70;
design/coding-S600; Hosting-S60.85 = $730.85)
Email account (Meghan)
Entertainment ( DJ, local acts, national act)
Facility Rental (OSS) - $700 security deposit
Fencing (OSS) - $1.75 per ff (National Fencing)
Hotel Accommodations (Approx. 24 rooms ~ $79)
Legal Fees
Licensing & Insurance (Million Dollar Liability &
liquor liability)
Rain Insurance ($30,000- ¼" between 6 & 10 pm)
Office Expense (Long distance phone/fax,
postage, etc.)
Phone
Photography
Plaques (14) - Manhattan Trophy 495-1466
Postage
Pod-a-Potties ($45 ea + $200 delivery/pick-up x
lO)
Printing (stationary) & competitor brochures
Printing (tickets)
Private Security (concert); 3 ~ $15 per hr (6-11)
Rider items(BeedSoda/WatedFood)
Sound/PA System (concert)
Staffing (Meghan & Nancy)
Staffing (Office / Intern); available May 1"~ @ $8 hr
17 wk @ 30 hr; 510 hrs total
Tenting
(20x20=$195; 30x60/180 seats=S990; 40x40/160
seats=S880; tables $6 ea; chairs $.95 ea)
T-Shirts; judges/staff (24 (i~ $5)
$60,000.00
$15,000.00
$13,000.00
$1,500.00
$10,000,00
$9,200.00
$8,000.00
$4,000.00
$1,500.00
$8,500.00
$1,528.00
-$106.00
-$1,932.00
$600.00
$1,932.00
$3,000.00
$14,000.00
$6,000.00
$750.00
-$804.54 $730.85
-$10.97 $32.91
-$700.00
$33,000.00
$1,050.00
$800.00
$1,896.00
-$510.36 $510.36
-$45.21
-$111.00
-$259.96
-$3,750.00
-$556.36
$3,241.60
$1,721.65
$7,320.00
$100.00
$630.00
$650.00
$218.00
$60.00
$225.00
$200.00
$4,500.00
$7,500.00
$4,000.00
$2,035.00
$120.00
BUGET 05/2812003
Walkie-Talkies (staff + security} $125.00
$118,700.00 $9,983.20 $93,706.77
2002 IN-KIND SPONSORSHIP
Budweiser T-shirts, cups, banners
City of Delray Beach % of City Services
Coca Cola (soda/water) Donated product for competitors, volunteers, staff
Crane's Beach House Donation of weekend package
Palm Beach Post Newspaper ads, programs, 11x17 posters (full color)
Parks & Recreation Committee member/Obstacle Course Management
Web Site Chamber updates
Sunshine Golf Carts In-kind sponsorship/donation (4)
BUGET 0512812003
Pineapple Grove Bed Racer Inc.
lO SI ]st Aveoue, Second r-roor '.Delrdy Bedch · FlorJd
Phone: 561-214-4663 lax. 561 274 6129
Pineapple Grove NP, Inc.
10 SE 1~t Ave., 2nd Floor
Delray Beach, FL 33444
May 15, 2003
MR. BOB BARCINSKI
City of Delray Beach
100 NV~ 1st Avenue
Delray Beach, FL 33444
REF: 6th Annual Pineapple Grove Bed Race & Festival
Dear Bob,
We are excited to announce the expansion of the Annual Pineapple Grove Bed Race into a one day festival. With
these changes we have booked a National Country Act {Collin Raye) to perform at Old School Square on Friday,
August 29th and a finale on Saturday, August 30~h featuring Eddie Moneyl In addition the format of the race has
been expanded into 7 divisions:
Plans are to build the annual bed race into a state-wide competition, making Delray Beach the destination. In doing
this the Grand Prize will no longer be a trip to Hawaii for competing in the International Bed Race. Instead, each
division will be awarded cash prizesl We will also have several local food vendors selling food, craft vendors, etc. at
the event in addition to merchants. Divisions are as follows (subject to change based on popularity):
$1,000 1K place/l~1500 2nd place for each category:
Corporate
Hospitality {Hotels, Restaurants, Bars) - 2 Divisions
Open
Ladies Only
$5,000 1't place:
Battle of the Cities (Lifeguards, Fire and Police)
This category has been expanded to include 16 teams with commitments recelved from Miami to Jacksonville!
I have outlined items below for review and consideration. Please let me know how soon we can get on Commission
agenda.
1) EVEI~r OUTLINE:
Friday, August 29th - Kick-Off Concert at Old School Square Entertainment Pavilion (8:00 pm - 11:00 pm)
Sat., Augu st 30th - 6th Annual Pineapple Grove Bed Race & Festival (11:00 am - 8:00 pm)
Sat., August 30th - Finale / Closing Concert at Old School Square (9:00 pm- 11:00 pm)
2) BLEACHERS:
Use, del/very and placement of 5 sets of bleachers from Parks & Recreation. {Locations noted on site plan.) This
is vital to the new layout of our event. We have shortened the course and incorporated 2 obstacle challenges (1
mid course / 1 at halfway point). Bleachers will provide us the ability to spread the crowd the entire length of
the course. In years pr/or, everyone crowded at the halfway point to observe obstacle challenges. We have
measured the locations for bleacher placement and we will be able to have them within the parking spots and
still place French barricades along course.
NOTE: Site plan indicates having bleachers placed in a "U' shape at the mid way point of course (Obstacle area).
There are numerous points of access (NE 2nd Street, NE 3rd Street & Alley on West side of NE 2nd Ave.) for Fire
Dept and we don't feel that it will pose a safety issue. Bleachers are also easily moved by 2 people. (I moved one
alone last year at the Garlic Festl)
Page2
If we are unable to use bleachers belonging to Parks and Recreation, we will be hiring Miami Grandstands. They
would require that the street be closed at midnight on August 29th in order to assemble and construct custom
bleachers in noted locations.
3) SETUP:
Setup of French Barricades along Race Course and installation of bleachers at areas noted on site plan.
4) 8TRE~I' CLOSURE:
a) Street closure permit for NE 2na Avenue (from 2nd St. to 3~d St.) be closed by 6:00 am to 11:00 pm on
Saturday, August 30, 2003.
b) Closure of NE 1't Avenue and barricades on North end of NE Ist Avenue; Friday, August 29th, 2003, 6:00 am
5) PARADE:
A ¥olling street closure' for the parade, beginning at 1:30 pm on Saturday, August 30th. Beds will be staged at
Meisner Electric and the parade will begin at the alley by Bru's Room, head West to 2ha, and North on 2nd to the
start line by 3~d Street.
6) NOISE/ALCOHOL WAIVER:
Alcohol and noise waiver for event hours and locations (to include Old School Square).
7) SIGNAGE:
a) 4x4 signs at the intersections of I95 & Atlantic/I95 & Linton/Linton & Federal and George Bush Blvd &
Federal. (Verbiage to be supplied.)
b) Banner on the Pineapple Grove Arch {on NE 2na Avenue just North of Atlantic).
8) P~KING:
Permission to direct patrons to City Hall and CRA lot for free parking, small stage and 6 sets of bleachers, setup
and breakdown of event.
9) MISCELLANEOU8:
a) Change date for annual Bed Race to March. (March 6 & 7, 2004, March 5 & 6, 2005, etc.). The
competitors from the Delray Beach Fire Department continue to stress the health ds]cs of conducting this
athletic event during the summer months.
b) Waiver Overtime
c) Waiver Alcohol Consumption/Open Container
d) Waiver Noise Code for amplified music
e) Trash pick-up
f) Police staffing
g) French barricades (on parade route)
h) Installation of small Parks & Recreation stage (location indicated on site plan)
i) Emergency Medical Services
If you have any questions, or need additional information, please feel free to contact me.
-an/ /Itew' C?'
Executive Director
CITY I)F DELRIW BEACH
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Wdter's Direct Line: 561/243-7091
1993 DATE: May 27, 2003
MEMORANDUM
TO:
City Commission
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Florida Blacktop v. City of Delray Beach
The City has been sued by Florida Blacktop, Inc. for breach of contract on three
separate City projects. These projects are NE/NW Area Infrastructure
Improvements, SE/SW Area Infrastructure Improvements and Pineapple Grove
Way.
Our office and Dick Hasko, Director of Environmental Services met several times
with the principle of the firm and also suggested and participated in a pre-suit
mediation to resolve the matter. The Plaintiff contends that City owes them
approximately $480,000.00 for Pineapple Grove Way; $378,000.00 for NE/NW
Area; and $244,000.00 for SE/SW Area.
The Commission voted, at its June 18, 2002 meeting, to approve a final payment
of $314.80 for Pineapple Grove Way; $92,717.37 for NE/NW Area; and
$25,729.52 for SE/SW Area to Florida Blacktop.
The suit alleges breach of contract and also addresses issues concerning
quantities and delays. Due to the specialized nature of the litigation, our office
recommends that Malcolm Cunningham of the Cunningham Law Firm be
appointed to represent the City in this case at a rate not to exceed $235.00 per
hour, plus costs. Mr. Cunningham specializes in construction litigation. The
Environmental Services Department concurs in this recommendation.
By copy of this memorandum to David Harden, our office requests that the
appointment be placed on the City Commission agenda for June 3, 2003.
SAR~(~ _ .
cc: David Harden, City Manager ~-"~'
Barbara Garito, City Clerk
Dick Hasko, Director of Environmental Services
Malcolm Cunningham, Esq.
[lTV OF DELRfl¥ BEI11:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
~993 DATE: May 20, 2003
MEMORANDUM
TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Settlement of State Farm v. City of Delray Beach
This case concerns a property damage claim by State Farm Insurance Company
against the City as a result of an auto accident that occurred on February 14, 2001
at the intersection of West Atlantic Avenue and N.W. 11th Avenue. The City
vehicle was traveling eastbound on Atlantic Avenue and attempted to make a left
hand turn onto N.W. 11th Avenue. The Plaintiff's car was in the far right, non-
designated lane of travel, and was proceeding westbound attempting to weave
back into the traffic flow after pulling over next to the curb to retrieve an object in
the back seat just east of the intersection with N.W. 11th Avenue. Traffic was
backed up and the only opening for the Plaintiff to proceed back into the lane of
travel was at the intersection, she had a green light. The City vehicle attempted to
make the left hand turn at this intersection after determining that the two lanes of
traffic had stopped to let his vehicle cross Atlantic Avenue. As the City vehicle
was attempting to make this turn it collided with the Plaintiff's vehicle. No ticket
was issued to either driver.
The City's damage to its vehicle was $2357.10. The Plaintiff's vehicle sustained
damage in the amount of $5453.42. The Plaintiff has offered to pay one half of the
City's damage if the City agrees to pay one-half of the Plaintiff's damage, inclusive
of attorney's fees and costs. The City would pay the Plaintiff $2726.71 and the
Plaintiff would remit a check to the City in the amount of $1178.55. The Plaintiff
has requested, as well as the City's third party adjuster, Gallagher Bassett, that
each party issues a check in order to satisfy accounting procedures. At this time,
the City Attorney's Office recommends acceptance of this settlement offer.
Please place this item on the agenda for the June 3, 2003 City Commission
meeting. If you should have any questions, do not hesitate to contact me.
CC:
David Harden, City Manager
Barbara Garito, City Clerk
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~)~ - REGULAR MEETING OF _IUNE 3. 2003
ORDINANCE NO. 15-03 (AMENDING ORDINANCE NO. %03)
DATE: MAY 30, 2003
This is second reading and second public hearing for Ordinance No. 15-03 amending Ordinance No.
7-03 which amends the Land Development Regulations (LDR), Section 4.4.9 (G)(2), "Conditional
Uses and Structures Allowed" to allow self-service storage facilities as a conditional use in the North
Federal Highway Overlay District. Ordinance No. 1S-03 modifies the parking requirements for self
storage facilities in the North Federal Highway Overlay District and proposes that there should be
one (1) space for every fifty (50) storage units, inclusive of the associated management office.
At first reading and first public heating on May 20, 2003, the City Commission passed Ordinance No.
15-03.
Recommend approval of Ordinance No. 15-03 on second and final reading.
S:\City Clerk\chevelle folder\agenda memos\Ord. 15.03.6.03.03
TO:
THRU:
FROM:
SUBJECT:
PUL DoR~I~ING; DIR/I~C~OR OF PLANNING & ZONING
/SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST
MEETING OF MAY 20, 2003 - REGULAR AGENDA
AMENDMENT TO ORDINANCE 7-03 WITH REGARDS TO PARKING
REQUIREMENTS FOR SELF SERVICE STORAGE FACILITIES IN THE
NORTH FEDERAL HIGHWAY OVERLAY DISTRICT
Ordinance 7-03, allowing self service storage facilities as a permitted use in the North Federal
Highway Overlay District was adopted on April 15, 2003 with direction to staff to review the parking
requirements and return to City Commission with a recommendation.
Staff has done a review of national parking requirements for self service storage facilities (mini-
warehouses) and has determined that parking requirements based on total square footage of a facility
can be less accurate than requirements based on the total number of storage units. As the number of
storage units will directly affect traffic demand Staff is recommending our requirements be based on
the number of units. Through a review of the parking requirements for self service storage facilities of
several municipalities (attached), Staff is recommending that the parking requirements for self service
storage facilities as proposed in the North Federal Highway Overlay District should be 1 space for
every 50 storage units, or portion thereof, inclusive of the associated management office. Calculating
the parking requirement at 1 space per 50 units would require 24 parking spaces for the proposed self
service storage facility containing 1200 units. Of the eleven examples provided (10 from the American
Planning Association's Parking Standards Report 510/511), this requirement was in the lower end of
requirements, which ranged from 1 space per 5 to 1 space per 100 storage units, exclusive of parking
for the associated management office. Given the proposal the required parking would have ranged
from 12 to 240 spaces for a 1200 unit facility.
To further support this recommendation Staff reviewed the traffic generation rates contained in the 6th
edition of the Institute for Traffic Engineers Manual. Based upon 1200 storage units the following trips
are expected to be generated trips per hour.
Average Rate Total Trips Per Hour
Weekday AM/PM Peak Hour .03 36
Weekday Total Trips '1200 x .28 / 16 Hrs. 21
Saturday Peak Hour .04 48
Saturday Total Trips '1200 x .25 / 16 Hrs. 18.75
Sunday Peak Hour .03 36
Sunday Total Trips '1200 x .18 / 16 Hrs. 13.5
* Formula: 1200 Units x Average Rate + Maximum Operating Hours/Day = Total Trips per Hour
As indicated above, traffic generation ranges between 13.5 and 48 trips per hour. Given these
numbers the provision of 1 space per 50 storage units appears reasonable (24 spaces in this case).
Ordinance 15-03 (attached) proposes a revision to Ordinance 7-03 outlining the aforementioned
parking requirements.
By motion, approve on first reading Ordinance 15-03 modifying the parking requirements for self
service storage facilities.
Attachments: [] National Requirements
[] Ordinance 15-03
ORDINANCE NO. 15-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 7-03,
AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT",
SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT",
SUBSECTION (G)(2), "NORTH FEDERAL HIGHWAY OVERLAY
DISTRICT", TO ADD SELF SERVICE STORAGE FACILITIES AND
ADDING SUBSECTION (c) PROVIDING SUPPLEMENTAL
REGULATIONS FOR SELF SERVICE STORAGE FACILITIES;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 7-03 was passed and adopted in regular session on second and
final reading on April 15, 2003; and
WHEREAS, this Ordinance amends Ordinance No. 7-03 to provide specific parking rates in
the North Federal Highway Overlay District for self service storage facilities; and
WHEREAS, the City Commission of the City of Delray Beach finds that the change is
consistent with and furthers the goals and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Ordinance No. 7-03 amending Section 2(C)(2), Subparagraph
(c) be, and the same is hereby, amended to read as follows:
(2) North Federal Highway Overlay District: The following supplemental district
regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7.
(c) In addition to subsection (b) above, any self service storage facility shall
comply with the following. The following regulations supersede Section 4.3.3(A):
(1) Lot Area: The minimum lot area is 1.5 acres and the maximum lot
area is 3 acres.
(2) Facilities and Requirements:
(a) Outdoor bay type access to individual self-storage units that
face a street is prohibited. The exterior loading access points shall be designed in such a way to
minimize sight lines from adjacent roads.
(b) No building shall exceed forty-eight feet (48') in height.
Parking shall be pro ided at the -~* .... · r~.~- :~ ~,:^- a ~ n
(c) v
_ .u .... ;~.~ --.' ~ .~ ........... , rate of 1 p~king space per 50 storage ~its or potion
thereof, inclusive of ~sociaed m~agement office, plus a minimm of ~o (2) loading spaces for
the self se~ice storage faciliW that must be striped ~d si~ed to limit the time for loading ~d
unloa~ng to one (1) ho~.
(d) At least 2,500 square feet of ground floor area shall be
devoted to at least one additional principal retail or service use without limiting the foregoing. The
additional principal uses may be eating and drinking establishments, retail or personal service.
Section 2. That all ordinances or parts of ordinances in express conflict herewith be, and the
same are hereby repealed, provided, however, all other terms and provisions of Ordinance No. 51-
02 shall remain in full force and effect.
Section 3. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 4. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the __
day of ,200__.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2 ORD NO. 15-03
rlT¥ OF DELRFI¥ BEFII:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: May 20, 2003
TO:
FROM:
SUBJECT:
MEMORANDUM
City Commission
David T. Harden C~.Qj~ Manager
Brian Shutt, Assistant City Attorney
Transfer of Property to Habitat
Writer's Direct Line: 561/243-7091
The attached resolution, if approved, would allow the transfer of two lots to Habitat
for Humanity of South Palm Beach County in accordance with the agreement
dated October 17, 2002, between the City and Habitat providing that the City must
transfer at least 3 lots to Habitat by September 30, 2004. The City has not
previously transferred any lots to Habitat under the agreement.
Please place this item on the agenda for the June 3, 2003 City Commission
meeting. If you should have any questions, please do not hesitate to contact me.
Attachments
CC;
Barbara Garito, City Clerk
Lula Butler, Community Improvement Director
Kendra Graham, C.D. Program Administrator
RESOLUTION NO. 3%03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH,
WHICH PROPERTY IS LOCATED AT THE NW CORNER OF
COLLINS AVENUE AND MIAMI BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO HABITAT FOR
HUMANITY OF SOUTH PALM BEACH COUNTY, INC. TO BE
UTILIZED FOR AFFORDABLE HOUSING.
WHEREAS, the City of Delray Beach, Florida desires to transfer Lots 12 and 13, Block 2, Silver
Terrace for the purpose of providing property for affordable housing; and
WHEREAS, the City Commission has determined that it is in the best interest of the City to transfer
the property described above; and
WHEREAS, the City shall only transfer the property to Habitat for Humanity of South Palm Beach
County, Inc. based upon the terms and conditions of the Agreement between the City and Habitat for
Humanity of South Palm Beach County, Inc.; and
WHEREAS, the City Commission has determined that the transfer of the property described above
will promote the general welfare of the residents of Delray Beach.
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
transfer Lots 12 and 13, Block 2, Silver Terrace, according to the plat thereof as recorded in Plat Book 11,
Page 61, of the Public Records of Palm Beach County, Florida, to the Habitat for Humanity of South Palm
Beach County, Florida based upon the terms and conditions, which are hereby incorporated herein, of the
Interlocal Agreement between the City and Habitat for Humanity of South Palm Beach County, Inc.
PASSED AND ADOPTED in regular session on this the __ day of June, 2003.
MAYOR
ATTEST:
City Clerk
TO:
THRU:
FROM:
SUBJECT:
DAVIDT. HARDEN, CITYMAN~o~ ~,/~ ,
PAUL DORLING, DIRECTOR OF PLANNING AND Z~IING
MEETING OF JUNE 3, 2003
PRIVATELY INITIATED REZONING FROM AC TO GC FOR THE GULFSTREA.'.'.
BUSINESS BANK LOCATED AT 909 SE 5TM AVENUE~ WHICH IS AT THE SOUTHEAST
CORNER OF SE 5TM AVENUE (SOUTHBOUND FEDERAL HIGHWAY) AND SE 9TM
STREET.
The subject property consists of Lot 2A of the replat of Lot 2 Ninth Street Plaza, which is zoned AC
(Automotive Commercial) and contains 0.76 acres. There is an existing 5,758 sq. ft. structure and
associated parking located on the property. The structure is occupied by the Blue Max German Autohaus,
which is an automotive repair shop with incidental sales of vehicles. The property is non-conforming with
respect to the vehicle sales component as the minimum lot size is required to be 1.5 acres for the use of
vehicle sales [Ref: LDR Section 4.4.10(F)]. However, a variance to reduce the lot area requirements
within the AC zoning district from 1.5 acres to 1.487 acres, was granted on May 18, 2000 by the Board of
Adjustment. This variance allowed this property as well as the parcel immediately to the east (1.487 acres
combined), to be used for automobile sales, if combined.
It is noted that the existing variance will no longer be valid for the subject property or the property to th~
east (formerly Meineke Discount Muffler), as a result of the rezoning from AC to GC. This is due to the
different zoning designations which will exist between the two properties (the west parcel [Lot 2Al is
proposed to be GC and the east parcel [Lot 2B] will remain AC) and therefore the two parcels cannot
combine acreage for variance purposes.
The proposal is to change the zoning designation of Lot 2A from AC to GC to establish a new financial
institution with drive-through facilities for Gulfstream Business Bank and office space. Additional
background and an analysis of the request are found in the attached Planning and Zoning Board Staff
Report.
At its meeting of May 19, 2003, the Planning and Zoning Board held a public hearing in conjunction with
the request. There was no public testimony regarding the request. After reviewing the staff report and
discussing the proposal, the Board voted 5-0 (Morris and Woehlkens absent) to recommend that the
request to rezone the property from AC to GC be approved, based upon positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and
policies of the Comprehensive Plan.
By motion, approve on first reading the ordinance for a zoning designation change from AC (Automotive
Commercial) to GC (General Commercial) based on positive findings with respect to Chapter 3
(Performance Standards), LDR Sections 2.4.5(D)(5), and policies of the Comprehensive Plan.
Attachments:
· P & Z Staff Report of May 19, 2003 I ~[
· Ordinance by Others
ORDINANCE NO. 16-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL)
DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT;
SAID LAND BEING A PARCEL LOCATED AT 909 SE 5TH
AVENUE, WHICH IS AT THE SOUTHEAST CORNER OF
SE 5TH AVENUE AND SE 9TH STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA,
SEPTEMBER, 2002"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated September, 2002, as being zoned AC (Automotive Commercial)
District; and
WHEREAS, at its meeting of May 19, 2003, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, 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:
Lot 2A of the Plat of the Replat of Lot 2 Ninth Street Plaza, according to the Plat
thereof, as recorded in Plat Book 70, Page 44 of the Public Records of Palm Beach
County, Florida.
~. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 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.
S cfi_.q~..0L~.B~. That this ordinance shall become effective mamediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
. day of ~ 2003.
ATI'~ST
MAYOR
City Clerk
Fkst Reading
Second Reading
2 ORD NO. 16-03
CITY OF DELRAY BEACH
PLANNING AND ZONING BOARD
MEETING DATE:
AGENDA ITEM:
ITEM:
---STAFF REPORT---
May 19, 2003
IV. A.
Rezoning From AC (Automotive Commercial~ to GC (General Commercial) for a
0.759 Acre Parcel of Land (909 Southeast 5 Avenue) for Gulfstream Business
Bank (Quasi-Judicial Hearing).
GENERAL DATA:
Owner ........................................ Bluemax German AutoHaus,
Inc.
Applicant .................................... Gulfstream Business Bank
Agent .......................................... Gary Eliopoulos
Location ...................................... Located at the southeast
comer of Southeast 5~
Avenue (South bound
Federal Highway- U.S.
Highway #1) and Southeast
9~ Street.
Property Size ............................ .. 0.759 acres
Future Land Use Map ................GC (General Commercial)
Current Zoning ............................ AC (Automotive Commemial)
Proposed Zoning ........................ GC (General Commemial)
Adjacent Zoning ................ North: GC (General Commemial)
East: GC (General Commemial)
South: GC (General Commercial)
West: GC (General Commercial)
Existing Land Use ...................... Automotive Sales
Proposed Land Use .................... Gulfstream Business Bank.
Water Service ............................. Existing on site.
Sewer Service ............................. Existing on site.
DELRA Y
CONDOS
THE
PLAZA
AT
DELI~A y
DOMAINE
DELRA Y
LINTON
N
BOULEVARO
IV. A.
The item before the Board is that of making a recommendation to the City
Commission on a rezoning from AC (Automotive Commercial) to GC
(General Commercial) for the Gulfstream Business Bank (909 SE 5th
Avenue). The subject property is located at 909 SE 5th Avenue, which is
at the southeast corner of SE 5th Avenue (Southbound Federal Highway)
and SE 9th Street.
Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review
and make a recommendation to the City Commission with respect to the
rezoning of any property within the City.
The subject property consists of Lot 2A of the replat of Lot 2 Ninth Street Plaza, which is
zoned AC (Automotive Commercial) and contains 0.76 acres. There is an existing
5,758 sq. ft. structure and associated parking located on the property. The structure is
occupied by the Blue Max German Autohaus, which is an automotive repair shop with
incidental sales of vehicles. The property is non-conforming with respect to the vehicle
sales component as the minimum lot size is required to be 1.5 acres for the use of
vehicle sales [Ref: LDR Section 4.4.10(F)]. However, a variance to reduce the lot area
requirements within the AC zoning district from 1.5 acres to 1.487 acres, was granted
on May 18, 2000 by the Board of Adjustment. This variance allowed this property as
well as the parcel immediately to the east (1.487 acres combined), to be used for
automobile sales.
The most recent land use actions to occur with respect to the subject property are as
follows:
With the Citywide Rezoning of October 1990, the subject property was rezoned from SC
(Specialized Commercial) to AC (Automotive Commercial). The basis for the AC zoning
was that there was a previously approved conditional use and site plan for a full service
automobile dealership for the entire block (Wallace Nissan Dealership). In February
1991, the south portion of the block was rezoned to GC (General Commercial) to
accommodate Shoney's restaurant and other retail uses. The AC portion retained
1.487 acres for the full service automobile dealership use.
On June 13, 1991, the Planning and Zoning Board recommended approval of the Ninth
Street Plaza plat subject to conditions. The plat defined two lots: Lot 1 for Shoney's,
Lot 2 for the north portion of the block. The plat also accommodated abandonment of a
midblock north/south alley. At its meeting of August 13, 1991, the City Commission
approved the Ninth Street Plaza final plat.
On April 29, 1992, the Site Plan Review and Appearance Board approved a minor site
plan modification for MAB Paints (5,000 sq. ft. structure on Lot 1). In order to
accommodate the new building, 18 parking spaces on Lot 2 were utilized via an off-site
P&Z Board Staff Report
Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5th Avenue)
Page 2
parking agreement. At that time, the owner of Lot 2 was informed that the parking for
MAB Paints on Lot 2, would limit the ability to establish vehicle sales on Lot 2, as
vehicle sales requires a minimum site area of 1.5 acres which is less than would remain
unencumbered on Lot 2.
Then on June 15, 1992, the Planning and Zoning Board recommended approval of a
conditional use to establish a vehicle repair facility for the Blue Max Autohaus on the
western 0.76 acre portion of Lot 2, subject to conditions. At its meeting of June 23,
1992, the City Commission approved the conditional use request. The associated site
plan was approved by the Site Plan Review and Appearance Board on September 2,
1992.
It is noted that the existing variance will no longer be valid for the subject property or the
property to the east (formerly Meineke Discount Muffler), as a result of the rezoning
from AC to GC. This due to the different zoning designations which will exist between
the two properties (the west parcel is proposed to be GC and the east parcel will remain
AC) and therefore the two parcels cannot combine acreage for variance purposes.
The proposal is to change the zoning designation of a portion of the overall property
(western portion of Lot 2) from AC to GC to establish a new financial institution with
drive-through facilities for Gulfstream Business Bank and office space.
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.
The subject property has a Future Land Use Map designation of GC (General
Commeroial) and is currently zoned AC (Automotive Commercial). Pursuant to LDR
Section 4.4.10, within the AC zoning district general office type uses are not
specifically listed as a permitted use. The proposed General Commercial (GC)
P&Z Board Staff Report
Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5th Avenue)
Page 3
zoning district provides basic regulations for small parcels which are best suited for
general retail and office uses [Ref. LDR Section 4.4.9(A)]. Pursuant to LDR Section
4.4.9(B)(2) & (4), within the GC zoning district office type uses and financial
institutions are permitted uses. The proposed GC (General Commercial) zoning
designation is deemed consistent with the GC (General Commercial) Future Land
Use Map designation.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water & Sewer:
Water service is available via a service lateral connection to the existing 8" water
main along SE 5th Avenue.
r~ Sewer service is available via a service lateral connection to the existing 8" main
within the abandoned north/south alley along the east side of the property.
The proposed development will accommodate uses of similar intensity as those allowed
in the AC zoning district and will have similar water consumption and sewer generation
rates. Pursuant to the Comprehensive Plan, treatment capacity is available at the
City's Water Treatment Plant and the South Central County Waste Water Treatment
Plant for the City at build-out. Based upon the above, positive findings can be made
with respect to this level of service standard.
Draina~le:
With a rezoning request drainage plans are not required. The storm water retention will
be reviewed dudng the site plan application process. There are no problems
anticipated with retaining drainage on site and obtaining a South Florida Water
Management District permit.
Traffic:
The uses allowed under the existing AC zoning do not include office or financial
institution type uses, which are allowed in the GC zoning district. While the proposed
zoning is not of similar use it is of a similar intensity, therefore a potential increase in
traffic is not anticipated from the rezoning action itself. As the intensity of uses within
the AC and GC zoning districts are similar, comparable traffic volumes would be
generated. With the submittal of a site plan application, a traffic impact study is
required. The traffic study must comply with the Palm Beach County Traff~c
Performance Standards Ordinance. There are no problems anticipated meeting traffic
concurrency and the associated level of service standards.
P&Z Board Staff Report
Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5th Avenue)
Page 4
,Parks and Recreation:
Non-residential use do not create a demand for Park & Recreation services therefore,
park dedication requirements do not apply to nonresidential uses.
Solid Waste:
Trash generated each year by the proposed commemial development under the
proposed GC zoning district will be comparable to that generated by the uses allowed
under the AC zoning district. The development of the property under the GC zoning
district should not create an adverse impact on this level of service standard.
CONSISTENCY: Compliance with the performance standards set forth in Section
3.2.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
COMPREHENSIVE PLAN POLICIES_'
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objective is noted.
Future Land Use Element Objective A-1 Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical considerations, is
complementary to adjacent land uses, and fulfills remaining land use needs.
Many of the automobile related uses allowed within the AC zoning district are not
allowed uses within the GC zoning district such as vehicle sales, vehicle rental, and
vehicle repair. The proposed rezoning will allow the applicant to develop a bank and
commercial office tenant space on the property. The surrounding uses are: Miami Subs
restaurant to the north; a vacant restaurant to the south; existing commemial uses to the
west; and, the abandoned Meineke Discount Mufflers to the east. The proposed offices
and drive-thru bank facility use are compatible with the surrounding uses as similar land
uses exist in the immediate area. It is noted however, that compatibility will be
enhanced through specific regulations, which apply to the GC zoning district. The
proposed commercial designation is an appropriate zoning designation along an arterial
road (Federal Highway).
El Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
Compatibility is discussed below under the Standards for Rezoning.
P&Z Board Staff Report
Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5th Avenue)
Page 5
Compliance -- Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
Within the GC zoning district, drive-thru banks are allowed as a permitted use [ref. LDR
Section 4.4.9(B)(4)] and offices are allowed as a principal use [ref LDR Section
4.4.9(B)(2)]. The requirements of the Land Development Regulations will be reviewed
in further detail with the submission of a site plan application. Additionally, pursuant to
LDR Section 4.3.4(K), within the GC zoning district a perimeter setback of 10 feet is
required, except for the side interior, which may be 0', whenever dedicated access is
provided to the rear of the property. It is anticipated that the proposal will be able to
meet the requirements of the code including specific regulations relating to buffering,
parking, setbacks, etc.
Section 3.2.2 (Standards for Rezoning Actions): Standards A, B, and E are not
applicable with respect to the proposed rezoning. The applicable performance
standards of Section 3.3.2 are as follows:
(c)
Zoning changes that would result in strip commercial development shall be
avoided. Where strip commercial developments or zoning currently exists
along an arterial street, consideration should be given to increasing the
depth of the commercial zoning in order to provide for better project
design.
The proposed GC zoning can be considered strip commercial zoning. However, the
applicant has indicated that a two-story office building with a drive-thru bank facility is to
be accommodated on the site, which would not be considered strip commercial.
Further, as the site only contains 0.76 acres it would be difficult to develop the property
as a strip commercial development should this development approval be changed.
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 property is bordered on the north, south and west sides by the GC (General
Commercial) zoning district and the AC (Automotive Commercial) zoning district to the
east.
The existing land uses are: Miami Subs restaurant to the north; a vacant restaurant to
the south; existing commercial uses to the west; and, the vacant Meineke Discount
Mufflers to the east. The proposed offices and drive-thru bank facility are compatible
with the surrounding uses as similar land uses exist in the immediate area. It is noted
however, that compatibility will be enhanced through specific regulations, which apply to
the GC zoning district.
P&Z Board Staff Report
Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5th Avenue)
Page 6
Section 2.4.5(D)(5) (Rezonin.q Findin.qs):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
That the zoning had previously been changed, or was originally
established, in error;
That there has been a change in circumstances which make the current
zoning inappropriate;
C=
That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property based
upon circumstances particular to the site and/or neighborhood.
The applicant has submitted the following statement indicating the reasons for which the
rezoning is being sought based on "c" above:
'~l'he neighborhood in this area is made up of general commercial uses and the office
and bank facility is more appropriate for this site.'
The basis for which the rezoning should be granted relates to c in that the use of the
property for offices and a drive-thru bank facility is moro appropriate given its immediate
location to other general commercial type uses. In addition, there aro automotive
commercial uses which could be accommodated on the parcel. However, due to the
industrial naturo of these types of uses and the property's location on an arterial
roadway, a GC zoning designation is moro appropriate. Additionally, the uses typically
allowed within the AC zoning district on lots with a minimum lot size of at least 10,000
sq. ft. are more industrial in naturo which is not appropriate at this location. Based upon
the above, a positive finding with respect to LDR Section 2.4.5(D)(5) can be made.
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.
General Commercial Purpose and Intent [LDR Section 4,4.9(A)]:
Pursuant to LDR Section 4.4.9(A), the General Commercial (GC) District provides basic
regulations for small parcels which aro best suited for general rotail and office uses but
which are not of sufficient size to be designed in a planned sense. The GC designation
is applied to small parcels, most of which aro developed, where adherence to standard
regulations is most appropriate. The GC designation is to be applied primarily along
arterial and collector streets. Uses may be conducted singularly or in combination
within the same structure.
P&Z Board Staff Report
Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5th Avenue)
Page 7
The proposed rezoning involves a relatively small parcel which is located along an
arterial street. The proposed GC zoning will be applied at a high visibility area to ensure
that development of the subject property will be compatible and consistent with the
character of the surrounding area.
Development Standards:
Special Landscape Area:
Pursuant to LDR Section 4.3.4(H)(6)(b)(2), along Federal Highway, including the one-
way pairs, extending from SE 10th Street to the north City limits, but excluding the
blocks between SE 1st Street and NE 1st Street, a ten foot (10') special landscape area
shall be provided on both sides of the ultimate right-of-way. It is anticipated that this
item can be met and further addressed through a complete review with the site plan
review process.
The development proposal is not located within the geographical area requiring review
by the DDA (Downtown Development Authority).
Community Redevelopment A.qencv
This item was reviewed by the CRA at their April 10, 2003, meeting and the Board
recommended approval of the rezoning.
Courtesy Notices:
A special courtesy notice was provided to PROD, the President's Council and the
following homeowners associations:
· Osceola Park Homeowners Association · PROD
· Rio Delray Shores · President's Council
· Delray Harbour Club
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.
P&Z Board Staff Report
Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5th Avenue)
Page 8
The proposed rezoning from AC (Automotive Commercial) to GC (General Commercial)
designation is supportable as the GC zoning is more appropriate for this site due to its
location on an arterial roadway. Additionally, the uses typically allowed within the AC
zoning district on lots with a minimum lot size of at least 10,000 sq. ft. are more
industrial in nature which is not appropriate at this location.
Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings),
LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5)
(Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive
Plan. The rezoning will provide the desired economic stimulation and investment in the
area, and result in the redevelopment of a site containing an auto related use.
A. Continue with direction.
B. Recommend to the City Commission rezoning of the subject property from AC
(Automotive Commercial) to GC (General Commercial), based on positive findings
with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2
(Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings),
and the Goals, Objectives and Policies of the Comprehensive Plan.
C. Recommend to the City Commission denial of the rezoning, based on a failure to
make positive findings with respect to LDR Section 2,4.5(D)(5).
Recommend to the City Commission rezoning of the subject property from AC
(Automotive Commercial) to GC (General Commercial), based on positive findings with
respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for
Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals,
Objectives and Policies of the Comprehensive Plan.
Attachments:
Zoning Map
n Location Map
Survey
· ~ ~ ~ MIAMI
~c~ .
~ 5
OONDOS
~i ~+~ iVS'''~
ARBOUR ~ < L
I ~ /~/
I PLAZA I_~ /
I AT~TDOMAINE
I / ~ BANYAN --
/ /..t/~ ~.~
· /~7 '""
/ / ~/ ~
I /~A PLAZ~
J_LIN TON BOULE AR D
~ I
3ULFSTREAM
BUSINESS
BANK
-- REZONING -
FROM: AC (AUTOMOTIVE
COMMERCIAL)
TO~ GC (GENERAL
COMMERCIAL)
909 S.E. 5TH AVENUE
S
..%%
TO:
THRU:
FROM:
SUBJECT:
DAVID ~ H/XI~EN, C~Y MAN,AGER
PAUL DO' LU , D,RECT O P.A..,NG
JEffREY
MEETING OF JUNE 3, 2003
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION
2.4.3(K)(1) TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT
APPLICATION FEES.
This amendment is to LDR Section 2.4.3 (K)(1) which outlines the current fee schedules for
development applications. The current fee schedule was adopted approximately 6 years
ago and no increases in fees have occurred since that time. The Planning and Zoning
Department staff has reviewed its land development application fees such as site plans,
site plan modifications, rezonings, conditional uses, and other land use actions processed
by the Department. This analysis included fees charged by other municipalities in the area
for similar development activities as well as an assessment of the average staff hours spent
on each type of application. Based upon this review, an increase in fees is supported. The
increase results in a minimum across the board increase of 10% (except for voluntary
annexations) plus significant adjustment for processes which are drastically undervalued at
this time such as certificates of appropriateness, variances and LDR text amendments.
Additional background and analysis is provided in the attached Planning and Zoning Board
staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of
May 19, 2003. After discussing the amendment, the Board voted 4-0 (Morris, Pike and
Woehlkens absent) to recommend to the City Commission approval of the proposed text
amendment, based upon positive findings with respect to LDR Section 2.4.5(M)(5).
By motion, approve on first reading, the ordinance amending Land Development
Regulations Section 2.4.3(K)(1) relating to land development application fees, based upon
the findings and recommendations by the Planning and Zoning Board, and set a public
hearing date of June 17, 2003.
Attachments: P&Z Board Staff Report & Ordinance by Others
ORDINANCE NO. 13-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, AMENDING CHAPTER TWO, "ADMINISTRATIVE
PROVISIONS", ARTICLE 2.4, "GENERAL PROCEDURES", SECTION
2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K),
"FEES", SUB-SUBSECTION 2.4.3(K)(1), "DEVELOPMENT
APPLICATIONS", TO PROVIDE FOR AN INCREASE IN THE
DEVELOPMENT APPLICATION FEES CHARGED; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on May 19, 2003 and voted 4 to 0 to recommend
that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative Provisions", Article 2.4, "General
Procedures", Section 2.4.3 "Submission Requirements", Subsection 2.4.3(K), "Fees", Sub-
Subsection 2.4.3(K)(1), "Development Applications" of the Land Development Regulations of the
Code of Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to
read as follows:
(K) Fees: Processing fees shall be collected for development applications. The fees shall
be as established herein and as modified by ordinance of the City Commission.
(1) Development Applications: The following fees shall be charged for
development applications. All fees are cumulative and separate unless otherwise indicated.
Combined applications shall provide multiple fees.
(a) Comprehensive Plan Amendment
2,200
(b) Review of a ADA/DRI $o,vvv = ~n 3,300
Modification ofa DRI $ ~.,~,,-,-ann 1,100
0)
Voluntary Annexation with Zoning
Rezoning of Land
Modification of a SAD Ordinance to add a use or uses
Conditional Uses, New Application
Modification requiting Board Review
Master Plans
Master Plan Modification
Formal review of a Sketch Plan [Section 2.4.103)]
Similarity of Use
Site Plan Review:
Class I (Non-Impacting Modification)
Class II (Non-Impacting with Board Review)
Class III (Minor Modification)
Class IV (Major Modification)
Class V (New Submission)
Extension requests for a previously approved conditional
use or site plan (only one fee is required if both items are
being extended for one project)
Plats
Minor Subdivision
Major Subdivision
Plat Recording Fee
Abandonments
Right-of-way
General Easements
Specific Easements
Master Sign Program
$ 1,000 (4)
$ !,200 1.320
$ 1,200 1,320
$ 999 1,000
599 550
$1,999 1.100(1)
(s)
$ 599 550
$ 259 275
$ ~ 100
$ 159 200
$ ~.OO 500(1)
$ 75O825(1)
$ 1,999 1.100(1)
$ 599 550
$ 750 825 (1)
$ 1,500 1.650 (1)
(3)
$ 599 550
$ 399 330
$ 150 165
$ 199 110
(o) Variance through the Board of Adjustment or the
$ 159 200
2 ORD. NO. 13-03
(~)
(v)
(,v)
(~)
Historic Preservation Board
Formal interpretation by the Board of Adjustment
Certificate of Appropriateness by Board
Certificate of Appropriateness by Administrator
Request for Historic Designation
Heating before the Board of Construction Appeals (per
item)
Temporary Use Request involving City Commission
Water Service Agreement Request
- - without concurrent site plan
- - with concurrent site plan
Land Development Regulations Text Change
Waivers and Internal Adjustments
(y) Appeals by Applicant
(z) Re-advertising
(aa) Zoning Verification Letter
NOTES:
O)
(2)
(3)
,~.,. 110
$
$ 599 1,000
$ !LuO~ 110 per request (6)
$ 200 220 per request (7)
$ ~ 300 (8)
(9)
Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to
a maximum of $3,000 per project.
This fee shall be credited against any other processing fee which may be applicable to the
request.
$30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from
time to time by Palm Beach County, payable to Palm Beach County.
3 ORD. NO. 13-03
(6)
(8)
(9)
Fee may be waived by the City Manager, for properties that have already been developed, or
for sites under one (1) acre in size.
Same fee that would apply for site plan modification.
For requests made during the site plan / master plan review process.
For requests made subsequent to the site plan / master plan review process.
Includes appeals of both administrative decisions and Board actions.
Advertising costs.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
__ day of ,2003.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4 ORD. NO. 13-03
MEETING OF:
AGENDA ITEM:
MAY 19, 2003
IV.E. AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 2.4.3(K)(1) TO PROVIDE FOR AN
INCREASEIN THE DEVELOPMENT APPLICATION FEES.
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to the Land Development Regulations (LDRs) to increase the
land development application fees, pursuant to LDR Section 2.4.5(M).
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
This amendment is to LDR Section 2.4.3 (K)(1) which outlines the current fee schedules
for development applications. Pursuant to the Planning and Zoning Department's Work
Program, endorsed by the Planning and Zoning Board, the proposed LDR amendments
to the fee schedule are to be completed this fiscal year.
The current fee schedule was adopted in 1997 and no increases in fees have occurred
since that time. The last change prior to 1997 occurred with the adoption of the LDRs in
1990. It has been approximately 6 years since the last fee increase. Since that time,
staff salaries have ~ncreased an average of 3-4% each year. In addition to the staff
hours involved processing the application for Board approval, there is additional staff
time required subsequent to the approval relating to ensuring conditions of approval are
addressed and other documents such as right-of-way deeds or various agreements are
reviewed and processed for City Commission action. Postage and cost of advertising
land use actions in the local newspaper have also increased. Also, additional courtesy
notices are now provided eadier in the development review process to ensure that
adjacent neighborhoods are aware of development proposals in their area. Further,
during the development review process, a typical land use petition in the downtown area
will be reviewed by at least two other recommending Boards such as the CRA
(Community Redevelopment Agency) and DDA (Downtown Development Authority) and
may involve additional presentations at other community or civic organization meetings.
The Planning and Zoning Department staff has reviewed its land development
application fees such as site plans, site plan modifications, rezonings, conditional uses,
IV.E.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Land Development Application Fees
Page 2
and other land use actions processed by the Department. This analysis included fees
charged by other municipalities in the area for similar development activities as well as
an assessment of the average staff hours spent on each type of application. Based
upon this review, an increase in fees is supported. The increase results in a minimum
across the board increase of 10% (except for voluntary annexations) plus significant
adjustment for processes which are drastically undervalued at this time such as
certificates of appropriateness, variances and LDR text amendments. The attached
Appendix A is the proposed text amendment and Appendix B compares the City's fees
with those of other municipalities.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based
upon a finding that the amendment is consistent with and furthers the Goals, Objectives,
and Policies of the Comprehensive Plan. While the amendment does not specifically
further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not
inconsistent with them.
By motion recommend to the City Commission approval of the amendments to the
Land Development Regulations Section 2.4.3(K)(1) regarding proposed increases to the
land development application fees, based upon positive findings with respect to LDR
Section 2.4.5(M).
Attachments: ExhibitA- Proposed Text Amendment
Exhibit B - Fee Schedule Tables
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Land Development Application Fees
Page 3
(K) Fees: Processing fees shall be collected for development applications.
The fees shall be as established herein and as modified by ordinance of the City
Commission.
(1) Development Applications: The following fees
for development applications. All fees are cumulative and separate
indicated. Combined applications shall provide multiple fees.
shall be charged
unless otherwise
(a)
(b)
Comprehensive Plan Amendment
Review of a ADNDRI
Modification of a DRI
..... 2,200
nnn 3,300
,999 1,100
(c) Voluntary Annexation with Zoning
(d) Rezoning of Land
(e) Modification of a SAD Ordinance to add a use or uses
(f) Conditional Uses, New Application
Modification requiring Board Review
(g) Master Plans
Master Plan Modification
1,000 (4)
4 onn 11320
1,299 1,320
.,,.,. i1000
..v~ 550
1,900 1,100(1)
(5)
(h)
(~)
Formal review of a Sketch Plan [Section 2.4.1(B)]
Similarity of Use
$ 590 550
$ 250 275
Site Plan Review:
Class I (Non-Impacting Modification)
Class II (Non-Impacting with Board Review)
Class III (Minor Modification)
Class IV (Major Modification)
ClassV (New Submission)
60100
150 200
499 500(1)
750 825(1)
,~v~nnn 1,100(1)
(k)
Extension requests for a previously approved conditional
use or site plan (only one fee is required if both items are
being extended for one project)
$ ~vv 550
Plats
Minor Subdivision
Major Subdivision
Plat Recording Fee
750 825 (1)
-~ ~,650(1)
(3)
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Land Development Application Fees
Page 4
(m)
(n)
(o)
Abandonments
Right-of-way
General Easements
Specific Easements
Master Sign Program
Variance through the Board of Adjustment or the
Historic Preservation Board
$ 500 550
$ 399 330
$ 150 165
$ 100110
$ 150 200
(p) Formal interpretation by the Board of Adjustment
(q) Certificate of Appropriateness by Board
(r) Certificate of Appropriateness by Administrator
(s) Request for Historic Designation
(t) Hearing before the Board of Construction Appeals (per
item)
(u) Temporary Use Request involving City Commission
action
$ 2~50
$ 25 5_.Q(2)
$ -0-
$ 2-650
$ 25 50
$ 25 5o
$ 100 110
(v)
Water Service Agreement Request
- - without concurrent site plan
- - with concurrent site plan
$ 100 110
$ -o-
(w)
(x)
Land Development Regulations Text Change
Waivers and Internal Adjustments
$
$
$ ..vv 1,000
I00 110 per request (6)
200 220 per request (7)
(y) Appeals by Applicant
(z) Re-advertising
(aa) Zoning Verification Letter
$ 209 3O0 (8)
(9)
$ 6e5_5
NOTES:
(1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01
acres, up to a maximum of $3,000 per project.
(2) This fee shall be credited against any other processing fee which may be
applicable to the request.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Land Development Application Fees
Page 5
(3)
(4)
(5)
(6)
(7)
(8)
$30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as
modified from time to time by Palm Beach County, payable to Palm Beach
County.
Fee may be waived by the City Manager, for properties that have already been
developed, or for sites under one (1) acre in size.
Same fee that would apply for site plan modification.
For requests made during the site plan / master plan review process.
For requests made subsequent to the site plan / master plan review process.
Includes appeals of both administrative decisions and Board actions.
(9) Advertising costs.
~o
>
0
g