Agenda Reg 09-09-03City of Delray Beach
Regular Commission Meeting
Tuesday. September 9, 2003
Regular Meeting 6:00 p.m.
Public Heatings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Del~ay Beach, Florida 3.t444
Phone: (561) 243-7000
Fax: (561) 243-3774
RUL~.8 FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
Bo
Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
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. 81GN IN 8HEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disal~flity an opportunity to partidpate 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 CEDD), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetines in the Commission Chambers.
2.
3.
4.
5.
ROIL C.at.t.,
INVOCATION.
PLEDGE OF AI.I.EGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
August 19, 2003 - Regnhr Meeting
August 26, 2003 - Special Meeting
PROCLAMATIONS:
Recognizing and Commending the Deltay Beach Ocean Rescue Competition Team
Sickle Cell Awareness Month - September 2003
PRESENTATIONS:
A. "Delray Beat" - Nell Fried
CONSENT AGENDA: City Manager Recommends Approval.
FINAL BOUNDARy PLAT APPROVAL/OCEAN CITY LOFTS: Approve the
boundary plat for Ocean City Lofts, located at the southeast comer of N.E. 2no Street
and N.E. 4* Avenue and on the west side of N.E. 4th Avenue, 100 feet south of N.E.
2nd Street.
ACCEPTANCE OF EASEMENT DEED/MAIJ.ORY SOUARE: Approve and
accept an easement deed from Mallory Square Delray, Ltd. for the maintenance of a
sidewalk along S.E. 4~ Street and S.E. 6th Avenue.
GRANTING OF UTILITY EASEMENT DEED/FLORIDA POWER AND
LIGHT: Approve a utility easement granting to Florida Power and Light a 10 foot
utility easement over City owned property adjacent to the Florida East Coast Railway,
north of S.E. 4th Street for the Tropical Awning development project.
RESOLUTION NO. 57-03: Approve Resolution No. 57-03 abandoning Green
Parkway fight-of-way, located between Linton Boulevard and Black Olive Boulevard,
900' east of Homewood Boulevard, reserving an easement for utilities.
ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve and
accept a hold harmless agreement for improvements placed within a utility
easement between the City and the Pines of Delray Homeowners' Association
for Green Parkway.
0%09-2003
RESOLUTION NO. 58-03: Approve Resolution No. 58-03 supporting the Beach
Renourishment Project.
RESOLUTION NO. 59-03: Approve Resolution No. 59-03 supporting electronic
notice publication.
RESOLUTION NO. 60-03: Approve Resolution No. 60-03 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at
3336 Avenue Villandry.
SERVICE AUTHORIZATION NO. 17.1/MATHEWS CONSULTING. INC.:
Approve Service Authorization No. 17.1 to Mathews Consulting, Inc. in the mount of
$18,000.00 for the design of intersection improvements at West Atlantic Avenue and
N.W. 24th Avenue. Funding is available from 334-6120-519-31.90 (Other Professional
Services).
SERVICE AUTHORIZATION NO. ll/CH2MHILL. INC.: Approve Service
Authorization No. 11 to CH2MHILL, Inc. in the amount of $28,784.00 for design and
permitting of the Aquifer Storage and Recovery (ASR) rehabilitation and pump
replacement project. Funding is available from 441-5122-536-31.30
(Engineering/Architectural).
CHANGE ORDER NO. I/FINAL PAYMENT/REPUBLIC
(3ONSTRUCTION AND DEVELOPMENT CORPORATION. INC.: Approve
Change Order No. 1 in the amount of a $955.36 decrease, and final payment in the
amount of $3,991.93 to Republic Construction and Development Corporation, Inc. for
the completion of the Beach Lifeguard Towers Phase 1 project. Funding is available
from 334-6112-519-62.14 (General Construction Fund/Beach Towers)
PALM BEA(~H (~OUNI'¥ INTERLOCAL AGREEMENT: Approve an
interlocal agreement with the Palm Beach County Board of County Commissioners for
the reimbursement of funds to the City in an amount not to exceed $206,000.00 for the
Southwest Area Improvements Phase II Project.
HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve
Housing Rehal~tlitation grant/contract awards through Community Development
Division in the amount of $12,967.50 to Preston Construction (338 N.W. 12th Avenue)
and $13,314.00 to South Florida Construc6on (244 S.W. 5th Avenue). Funding is
available from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant).
FY 2004 GOLF RATES/LAKEVIEW GOLF COURSE: Approve the proposed
FY 2004 maximum golf rates for the Lakeview Golf Course.
FY 2004 GOLF RATES/MUNICIPAL GOLF COURSE: Approve the proposed
FY 2004 maximum golf rates for the Municipal Golf Course.
FY 2004 TENNIS RATES/TENNIS CENTER: Approve the proposed FY 2004
maximum tennis rates for the Tennis Center.
09-09-2003
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 18, 2003 through September 5, 2003.
MACARTHUR GRANT RENEWAL: Approve and ratify the renewal of the
MacArthur Foundation grant in the amount of $150,000.00 for a two (2) year period in
support of the NXV/SW Management Team.
AWARD OF BIDS AND CONTRACTS:
Purchase award to Don Reid Ford, Inc. in the amount of $48,418.00 via the
Florida Sheriffs Association and Florida Association of Counties Bid for the
purchase of two (2) utility body trucks for the Environmental Services
Department. Funding is available from 441-5143-536-64.20 and 441-5144-536-
64.20 (Automotive).
Purchase award to Rayside Track & Trailer in the amount of $16,330.00 for the
purchase of two (2) truck mounted hydraulic hoist for two (2) utility body
trucks. Funding is available from 441-5143-536-64.90 and 441-5144-536-64.90
(Other Machinery/Equipment).
Purchase award to the Cues Corporation in the amount of $46,500.00 for the
purchase of a sanitary sewer main line and lateral camera system for the
Environmental Services Depam~ent. Funding is available from 441-5141-536-
64.90 (Other Machinery/Equipment).
Purchase award to Sander's Company, Inc. in the amount of $26,175.00 for the
purchase of a dry pit submersible pump for Lift Station 50. Funding is available
from 441-5144-536-64.90 (Other Machinery/Equipment).
Purchase award to Nortrax in the amount of $17,195.00 for the purchase of a
hydraulic broom attachment for the Construction Division backhoe loader.
Funding is available from 441-5145-536-64.90 (Other Machinery/Equipment).
Lease award to Ikon Office Solutions in the total amount of $29,236.68 over a
three (3) year term via the Miami-Dade Contract #143-BB05 for the lease of a
Canon Image Runner 105 Digital Copier for the City Clerk Depa~h,~ent.
Funding is available from 001-1411-512-44.30 (General Fund/Equipment).
Purchase award to A2000 Network Solutions, Mission Critical Systems, Inc. and
CompUSA in the total amount of $52,242.00 x4a State Contracts #250-000-03
and #250-000-03-1 for an intrusion detection system for the MIS Depailment.
Funding is available from 334-6112-519-66.10 (General Renewal & Replacement
Fund) and various line items in MIS budget (001-1811-513).
PERMIT AND HOl.r} HARMLESS AGREEMENT/GARY AND AI.I.ISON
ELIOPOULOS: Approve a permit and hold harmless agreement between the City
and Gary & Allison Eliopoulos regarding the moving of the Amelung House along
public rights-of-way and the repair and/or replacement of landscaping, signs, and curbs.
09-09-2003
9. REGULAR AGENDA:
DELRAY BEACH MARINA RATES: Consider approval of a proposed rate
increase to forty-five cents per foot per day for use of the municipal marina facilities.
CONDITIONAL USE REOUEST/COTTAGE PRESCHOOL; Consider a
request for conditional use approval to allow the establishment of a child care facility
within the RM (Multiple Family Residential-Medium Density) zoning district for the
Cottage Preschool, to be located at the northeast corner of south Sw'mton Avenue and
S.E. yd Street. (Quasi-JudicialHearing)
CONDITIONAL USE REOUEST/SAFE AND SECURE; Consider a request for
conditional use approval to allow the establishment of a self storage facility and a
wholesale storage facility for Safe and Secure, located on the west side of North Federal
Highway, approximately 890 feet south of Gulfstream Boulevard. (Quasi-Judicial
CONDITIONAL USE REOUEST/EXCEL RESTAURANT: Consider a request
for conditional use approval to allow the establishment of a 24-Hour or Late Night
Business to be located within 300 feet of residentially-zoned property for Excel
Restaurant, to be located within the Linton Square Shopping Center at the northeast
corner of Lmton Boulevard and Congress Avenue. (QuaM-JudicialHeadng)
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/IRONWOOD PROPERTIES, INC.: Consider an appeal of a
decision of the Site Plan Review and Appearance Board's action regarding Mallory
Square, located on the south side of S.E. 3,a Street, between S.E. 5~ Avenue and S.E. 6~
Avenue. (QuaM-JudicialHeaHng)
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/BORTON MOTORS: Consider an appeal of a decision of the Site
Plan Review and Appearance Board's action regarding a site plan modification request
for Borton Motors, located on the east side of North Federal Highway, south of
Gulfstream Boulevard. (Quasi-Judicial Heating)
REOUEST FOR IN-LIEU PARKING SPACES/TAPAS RESTAURANT:
Consider a request by Tapas Restaurant for the purchase of four (4) in-lieu parking
spaces in the amount of $24,000.00. Tapas is located at 8 East Atlantic Avenue.
(Quasi-Judicial Hear~g)
SPECIAL EVENT REOUEST/HOOPS 4 ALL: Consider approval of a special
event request to allow the "Hoops 4 All, 3 on 3" event sponsored by A & Associates
and the Police Athletic League to be held October 25 and 26, 2003, from 9:00 a.m. until
4:00 p.m.; granting a temporary use permit per LDR Section 2.3.6(}t) for the closure of
Atlantic Avenue from N.W./S.W. 1~t Avenue to N.W./S.W. 5t~ Avenue as well as the
western portion of the Tennis Center parking lot, and staff support for traffic control
and security, EMS assistance, trash clean up/removal, and bleacher set up; contingent
upon sponsor providing a hold harmless agreement and a certificate of liability.
09-09-2003
10.
C. SPENCER POMPEY SCULPTURE: Consider a request for the C. Spencer
Pompey Bust to be permanently displayed in the City Hall Lobby.
AWARD OF CONTRACT/LAW ENFORCEMENT SYSTEMS. INC.: Consider
approval of a contract between the City of Delray Beach and Law Enforcement
Systems, Inc. for the collection of backlogged parking citations and associated fees for a
term of three (3) years with two (2) one (1) year renewals.
LAKE WORTH DRAINAGE DISTRICT: Consider a request authorizing the
Mayor to execute a letter requesting the Lake Worth Drainage District to annex
properties on N.W. 18~ Avenue for adequate provision of flood protection.
PROPOSAL FOR SETTLEMENT IN PETRAGLIA v. CITY OF DELRAY
BEACH: Consider a Proposal for Settlement in the amount of $1,000.00 in Petraglia v.
City of Delray Beach.
PROPOSAL FOR SETTLEMENT IN FLORIDA BLACKTOP v, CITY OF
DELRAY BEACH: Consider a Proposal for Settlement in the amount of $750,000.00
in Florida Blacktop v. City of Delray Beach. Staff recommendation is denial.
ADULT ENTERTAINMENT AND ALCOHOLIC BEVERAGE
ESTABLISHMENTS; Provide direction to staff regarding Land Development
Regulahons (LDR) and Code of Ordinance amendments for adult entertainment and
alcoholic beverage establishments.
RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Ratify the appo'mtment of Mark Krall as the Planning and
Zoning Board representative on the Parking Management Advisory Board for a term
ending August 31,200S.
APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) a/ternate member to the Code Enforcement Board for an unexpired term ending
January 14, 2005. Based upon the rotation system, the appointment w'dl be made by
Mayor Perlman (Seat #5).
PUBLIC HEARINGS:
ORDINANCE NO. 23-03: City initiated Future Land Use Map (FLUIV0 Amendment
from LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities-
Churches) and rezoning from R-l-AA (Single Family Residential) to CF (Community
Facilities) for a 0.81 acre portion of the Trinity Lutheran Church Property, located at
the northwest comer of Lake Ida Road and Swinton Avenue. (QnaM-Jndicial
RESOLUTION NO. 54-03 .(TENTATIVE MII.I.&GE LEVY).: A resolution
tentatively levying a tax on all properties within the City of Delray Beach for operation
and maintenance and for payment of principal and interest on bonded indebtedness for
FY 2004.
09-09-2003
11.
12.
RESOLUTION NO. 56-03 .(TENTATIVE MH.I.&GE LEVY/DDA); A
resolution tentatively levying a tax on all properties within the Downtown Development
Authority Taxing District of the City of Delray Beach for FY 2004.
RESOLUTION NO. 55-03 (TENTATIVE BUDGET ADOPTION FOR FY
2004): A resolution tentatively making appropriations of sums of money for all
necessary expenditures of the City of De[ray Beach for the period October 1, 2003
through September 30, 2004.
ORDINANCE NO. 27-03: An ordinance amending Chapter 32, "Departments,
Boards, and Commissions", of the City Code of Ordinances by enacfng Sections 32.45-
32.50 establishing the Neighborhood Advisory Council.
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. 28-03: Privately initiated Future Land Use Map (FLUM)
Amendment from LD (Low Density Residential 0-5 du/ac) to CF-C (Community
Facilities- Churches) for a 4.13 acre parcel of land and rezoning from R-l-AA (Single
Family Residential) to CF (Community Facilities) for a 0.795 acre parcel of land, located
on the north side of N.E. 6th Street between N.E. 8~ Avenue and Palm Trail for St.
Vincent's Fetter Church. If passed, a quasi-judicial public hearing will be scheduled for
September 23, 2003.
ORDINANCE NO. 29-03: An ordinance adopting and enacting a new City Code of
Ordinances as reprinted and codified by the Municipal Code Corporation. If passed, a
public hearing will be scheduled for September 23, 2003.
ORDINANCE NO, $0'05; An ordinance amending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges
Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and
bulk waste collection service rates by 2.2% for FY 2004. If passed, a public hearing will
be scheduled for September 23, 2003.
ORDINANCE NO. 31-03: An ordinance amending Chapter 53, "Sanitary Sewers",
of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale
Sewer Rates; Calculation of Sewer Surcharge", to provide for an increase of .09 cents
per 1,000 gallons for treatment costs. If passed, a public hearing will be scheduled for
September 23, 2003.
09-09-2003
13.
14.
ORDINANCE NO. 36-03: An ordinance amending Chapter 35, "Employee Policies
and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to
increase the contribution requirement for general employees from zero to 2% of their
basic compensation. If passed, a public hearing w'fll be scheduled for September 23,
2003.
ORDINANCE NO, $5'05; An ordinance amending Chapter 117, "Landlord
Permits", of the City Code of Ordinances by amending Section 117.02, "Permit Fees"
to provide for a $15.00 increase in landlord permit fees. If passed, a public hearing will
be scheduled for September 23, 2003.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
(~LOSED ATTORNEY/(~LIENT SESSION pursuant to F.S. 286.011(8) re: the case of
Rectory Park, L.C.v. the City of Delray Beach, Florida.
Attendees:
Mayor Jeff Perlman
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jon Levinson
City Attorney Susan Ruby
Attorney Henry Handler
A certified court reporter
Pu~ose:
Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
POSTED: 8EPTEMBER 5, 2003
09-09-2003
CITY COMMISSION
CITY OF DELRAY BEACH~ FLORIDA
REGULAR MEETING - TUESDAY~ SEPTEMBER 9~ 2003
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS TO:
8. CONSENT AGENDA
R. AWARD OF BIDS AND CONTRACTS:
R.8
Purchase award to Scoreboard Enterprises in the amount of $18,980.00 for scoreboards for
Miller Park. Funding is available from 115-4910-572-64.90 (Other
Machinery/Equipment).
To
RESOLUTION NO. 61-03: Approve Resolution No. 61-03 supporting the kindergarten
through eighth grade expansion of the Village Academy School.
Please be advised that if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at this meeting, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal is based. The City neither
provides nor prepares such record.
DATE:
RE:
Director of Pmrl~ & Recre~ion
August 20, 20O3
Attacbed Please trod a copy of the quote for two new scoreboards, I would li~e to purchase for ~ p~
The now scoreboards wCll be located at Little Fenway Field and Field #$. The total cost of boih sco~boards
wFil be $18,980.00. Funds from the city's Coca-Cola budget iu ~count 115-0000-347-05.10 will cover the
cost of the boards. Scoreboard F-.ut~ p, ;ses is the ,~ndor that supplies ali Coca-Cola scoreboards.
lusial~iou will be done at the ~{m~ of the new fiscal year.
Thank you for you~ consid~-atiOn nnd I look forvnml to your r~sponse.
Rich CmmeH- Assistant Director of pm~*R & Recreaticm
File
Attachment
Message Page 1 of 1
Nadal, Patsy
From:
Sent:
To:
Cc:
Young, MaryAnn
Wednesday, September 03, 2003 10:59 AM
Gaum, Alberta
Nadal, Patsy; Hartman, Lisa
Subject: RE: New Account #
Alberta,
I opened account number 115-4910-572-64.90 Other Equipment and Machinery.
Mary Ann ~
Finance
..... Original Message .....
From: Gaum, Alberta
Sent: Wednesday, September 03, 2003 9:02 AM
To: Young, MaryAnn
Cc: Nadal, Patsy; Hartman, Lisa
SubJect: New Account #
Mary Ann,
Please set-up a new account # for fixed assets. We are purchasing scoreboards for Miller Park and have
the moneyin account#II5-0000-347-05.10. The total amount is $18,980.00. Use either 63.90 Other
Improvements or 64.90 Other Machinery/Equipment. Please let me know what the exact number will be.
Thanks
Alberta
9/3/2003
Seoreboard Ent rprL es
SALES / INSTALLATION / SERVICE
6278 N. Federal Hwy, ate ~105
Fort Lauderd&le, FL 33308
954-596-8820 (Fax) 954-596-8821
Mr, T~mKwiatek
Ci~2 of Delr&¥ 2each
3une 11, 2003
Dear Tom,
Thank you for your ~e on Tuesday. Below is e quotation
for two Daktronlcs baseball scoreboards.
1. One Daktro~£os ~1L-3718 baseball scoreboard w/
control console.
(?'H X 28'L)
$11~295.00
2. One D~ktronics BA-61~ ~Dbaseb~ll scoreboard
w/ control console.
$&,495.00
3. Shigping for above (est.)
$2r295.00
4. Optionalwi~eless control console kit
$895.00
Installer z%ust provide structural stamped drawings that
meet n~w codes
* 8HZ year warranty for Coca-Col& customers
City of Delray Beach
Budget Transfer Form
]0tqaaet~ental }Line Tr~msfer Date: 9/5/03
i~m~ln~edep'a~uent~ Trm~fer Batch Nmnber
~a Gaum, Budget Te~nicim~/~ Par~ & ~creatiou Depa~meat
Reque~t~
By:
$of~ffall 11. -~)00-.~47-0.-,. 10 Revenue l 1.945
115..4910-572,55.25 Expense 7,035
1154910,572.-64.90 Other Maclfine ',:md Equipment 18,980
TOTAL $ 18,980 $ 18,980
JUSTIFICATION: ,Cover cost of Coca Cola scoreboards.
I~epartment Head , ,, Budget (i _ ff~f/ffJ
AGENDA REQUEST
Request to be placed on: September 9, 2003
Date: September 5, 2003
XX Consent Agenda
Special Agenda
__ Workshop Agenda
Description of agenda item:
Purchase of scoreboards for Miller Park.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO x
NO x
Recommendation:
Recommendation of purchase of scoreboards from Scoreboard Enterprises for $18,980.00
Scoreboard Enterprises is the vendor that supplies all Coca-Cola Scoreboards. This purchase is
being funded by donation from Coca Cola which is required by contract.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: (~ ~,~. 4~ No
Funding alternatives: (if applicable)
Account Number:
Account Description:
Account Balance:
115-4910-572-64-90
City Manager Review:
Approved for agenda~)F'~r~;~''~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
AUGUST 19~ 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, August 19, 2003.
1. Roll call showed:
Present -
Commissioner Patficia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were -
David T. Harden, City Manager
Susan A. Ruby, City Attorney
Barbara Garito, City Clerk
2. The opening prayer was delivered by Ms. Beth House, Director of Christian
Education with First Presbyterian Church.
The Pledge of Allegiance to the flag of the United States of America was given.
AGENDA APPROVAL:
Mayor Perlman stated the applicant has requested that Item 9.A., Conditional
Use Request/Cottage Preschool be postponed to the Regular City Commission Meeting of
September 9, 2003.
Mayor Perlman noted the addition of Item 7.A.A., Presentation from Carolyn
Zimmerman.
Mayor Perlman stated staff requests that only the allocation of funds be approved
for Item 9.D., 2003 Local Law Enforcement Block Grant.
Mayor Perlman noted the addition of Item 9.K., Public Comments/FY 2004
Proposed Budget to the Regular Agenda by addendum.
Mr. Levinson 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.
5_. APPROVAL OF MINUTES:
Mayor Perlman noted a typographical error to the Minutes of the Regular Meeting
of August 5, 2003 on page 5 and stated the word "Manger" should read "Manager". The City
Clerk so noted.
Ms. McCarthy moved to approve the Minutes of the Regular Meeting of August
5, 2003, as amended, seconded by Mr. Costin. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor P~rlman - Yes; Mr.
Costin - Yes. Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to approve the Minutes of the Special Meeting of August 12,
2003, 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.
PROCLAMATIONS:
6oAo
Recoenizine and Commending the Delra¥ Beach Youth Basketball Teams
Mayor Perlman read and presented a proclamation hereby proclaiming the Delray
Beach Youth Basketball players and coaches to be "Champions among Champions and
Ambassadors of Good Will and Sportsmanship for the City of Delray Beach, Florida." Curtis
and Zerlean Williams came forward to accept the proclamation.
6.B. Ci~, of Delra¥ Beach Fire Fighter Appreciation Week - August 25th -
September 1~ 2003
Mayor Perlman read and presented a proclamation hereby proclaiming the week
of August 25 through September 1, 2003 as City of Delray Beach Firefighter Appreciation
Week. Lieutenant James Tabeek and Lieutenant Michael Wise came forward to accept the
proclamation.
Andrea Harenkom, speaking on behalf of the Muscular Dystrophy Association of
the Palm Beaches, thanked the Commission for their continued support.
Literacy Awareness Month - September 2003
Mayor Perlman noted a proclamation hereby proclaiming September 2003 as
Literacy Awareness Month.
6oDo
National Alcohol and Drug Addiction Recovery Month - September 2003
Mayor Perlman noted a proclamation hereby proclaiming September 2003 as
National Alcohol and Drug Addiction Recovery Month.
-2-
08/19/03
7.
PRESENTATIONS:
7.A.A.
Carolyn Zimmerman
Carolyn Zimmerman stated she is here this evening as a family member of Jack
Kelly who was struck by lightning and killed last week. Miss Zimmerman stated she would like
to publicly thank the hundreds of residents especially the Haitian community, neighborhood
associations, Publix and their employees, the Fire Department, and the many businesses that
came out and sent their condolences. Miss Zimmerman stated Mr. Kelly was a person who loved
people and enjoyed helping others.
7oA.
Delray Beach Rage U14 Boys Travel Soccer Team - Derek Hernandez
George Wisdom, Head Coach, stated Mr. Hemandez was unable to attend this
evening. On behalf of Rage U14 Boys Travel Soccer Team, Mr. Wisdom presented Mayor
Perlman with a trophy and thanked thc City of Dclray Beach for their support.
7.Bo
Sister Cities/Youth Ambassadors
Charlotte Durante, Chairperson of the Sister Cities Committee, Delray Beach,
thanked Mayor Perlman and the Commission for their support and efforts with the Sister Cities
Student Exchange Program. Mrs. Durante recognized Chris Miller, Student Sponsor at Atlantic
High School/Student Chaperone and Nancy King, Student Chaperone. In addition, Mrs. Durante
thanked James Mihori, Language Interpreter and Coordinator. Mrs. Durante stated the Mayor
will soon be receiving a special invitation from Miyazu, Japan to invite him as a special guest to
help celebrate their 50th anniversary.
Ms. King introduced the following students who gave presentations about their
trip to Miyazu, Japan:
· Noah Garbarino
· Eva Luo
· Allison Lalane
· Linda Du
· Jessica Pisano
7oC.
Delray Beach Joint Venture/4th of July Presentation - Mariorie Ferrer
Marjorie Ferrer, Downtown Coordinator, presented a video which displayed
special events such as the 4th of July, Christmas and First Night, and Art & Jazz on the Avenue.
Ms. Fen'er explained this video is a quick synopsis of the three events and is done in an effort to
get people interested in the events.
CONSENT AGENDA: City Manager Recommends Approval.
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08/19/03
8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify
the actions of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarter Annual Meeting of July 31, 2003.
8.B. RESOLUTION NO. 50-03: Approve Resolution No. 50-03 abandoning a 9' x
90' portion of an alleyway, located on the west side of N.W. l0th Avenue, approximately 100
feet north of West Atlantic Avenue within the Whidden Subdivision.
The caption of Resolution No. 50-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA VACATING AND
ABANDONING A PORTION OF THE EAST/WEST
ALLEYWAY LYING NORTH OF AND ADJACENT TO LOT 1,
BLOCK 6, WHIDDEN'S SUBDIVISION, AS MORE
PARTICUARLY DESCRIBED BY EXHIBIT "A".
(The official copy of Resolution No. 50-03 is on file in the City Clerk's office.)
8.C. RESOLUTION NO. 52-03: Approve Resolution No. 52-03 assessing costs for
action necessary to abate nuisances on twelve (12) properties throughout the City.
The caption of Resolution No. 52-03 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 ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 52-03 is on file in the City Clerk's office.)
8.D. RESOLUTION NO. 53-03: Approve Resolution No. 53-03 abandoning
easements within the Plaza at Delray, located at the northwest comer of Linton Boulevard and
South Federal Highway.
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08/19/03
8oEo
The caption of Resolution No. 53-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING CERTAIN UTILITY EASEMENTS AS
SHOWN ON A REPLAT OF DELRAY MALL, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 58 AT
PAGE 133 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA AS MORE PARTICULARLY
DESCRIBED BY EXHIBIT "A".
(The official copy of Resolution No. 53-03 is on file in the City Clerk's office.)
ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/STEVEN'S OFFICE
BUILDING: Acceptance of right-of-way dedication associated with Steven's Office Building,
located on the east side of S.W. 5th Avenue between West Atlantic Avenue and S.W. 1st Street,
within the GC (General Commercial) Zoning District and West Atlantic Avenue Overlay
District.
8.F. ACCEPTANCE OF EASEMENT DEEDS/DELRAY PARK OF
COMMERCE: Approve and accept three (3) easement deeds associated with the Delray Park of
Commerce, Tract B (Best Securities Flex Building) located at the northeast comer of Lake Ida
Road and Congress Avenue.
8oGo
MODIFICATION TO DEP CONTRACT FOR FUNDING RELATING TO
THE YEAR 2002 BEACH NOURISHMENT PROJECT: Approve Amendment No. 3 to the
Florida Department of Environmental Protection (DEP) contract #99PB2 for the state's cost
sharing of the 2002 Beach Nourishment Project.
8oH.
CHANGE ORDER NO. 1/FINAL PAYMENT/INTERCOUNTY
ENGINEERING~ INC.: Approve Change Order No. 1 in the amount of a $40,485.00 decrease,
and final payment in the amount of $9,235.16 to Intercounty Engineering, Inc. for the Municipal
Golf Course Reclaimed Water Main Project. Funding is available from 441-5181-536-
63.95(Water & SewerfNW Reuse Water System-SCRWW).
8.I~ SERVICE AUTHORIZATION NO. 11.2/ROBERT G. CURRIE
PARTNERSHIP~ INC.: Approve Service Authorization No. 11.2 to Robert G. Currie
Partnership, Inc. in the amount of $6,150.00 for additional design services for the Intracoastal
(F.I.N.D.) Park Project. Funding is available from 334-4174-572-63.90 (General Construction
Fund/Intracoastal Park).
REJECTION OF BIDS/DELRAY BEACH SWIM AND TENNIS CENTER:
Approve the rejection of all bids received for the 2002-012 Delray Beach Swim and Tennis
Center Parking Lot Project.
8.K. THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER~ INC.:
Approve a request from the Friends of Sandoway House Nature Center, Inc. to grant a temporary
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08/19/03
use permit per LDR Section 2.4.6(H) for the use of the eastern portion of the Ingraham Parking
Lot from 5:00 p.m. on November 20, 2003 through noon on November 24, 2003, and use of the
balance of the Ingraham Parking Lot and the Sandoway Parking Lot from 3:00 p.m. until
midnight on November 22, 2003 to accommodate their annual fund-raiser; contingent on the
sponsor providing liability insurance and a hold harmless agreement.
GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM: Authorize staff to submit a grant application to the Florida State
Department of Environmental Protection's Recreation Development Assistance Program for
funding in the approximate amount of $50,000.00 for playground equipment for Lake Ida Park.
8.M. TRI-PARTY AGREEMENT/FIRST NIGHT 2004: Approve an agreement
between the City, Joint Venture, and Old School Square and proposed budget for the First Night
2004 Event.
8oNo
CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENTS:
Approve and authorize the execution of funding agreements in the total amount of $42,612.00
with five (5) sub-recipients (Community Development Corporation, Delray Beach Youth
Basketball Boosters, Roots Cultural Festival, Carver Estates Youth Program, and Delray Youth
Vocational Charter School) under the Weed & Seed program for FY 2003. Funding is available
from 115-2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid).
8°O.
PALM BEACH COUNTY FINANCIAL ASSISTANCE AGREEMENT:
Approve a financial assistance agreement with the Palm Beach County Board of County
Commissioners for the reimbursement of funds to the City up to the amount of $300,000.00 for
the replacement of irrigation and landscaping on Linton Boulevard between Congress Avenue
and Military Trail.
8oPo
APPOINTMENT OF OUTSIDE COUNSELNOSBURGH V. CITY OF
DELRAY BEACH: Approve appointment of Fred Gelston, Esq. to act as outside counsel for
the police officer in the case of Vosburgh v. City of Delray Beach at a rate of$110.00 per hour.
8.Q.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period August
4, 2003 through August 15, 2003.
8ogo
AWARD OF BIDS AND CONTRACTS:
Contract award to Stokes Mechanical Contractor at an estimated annual
cost of $18,470.00 for plumbing services and repairs for various City
buildings. Funding is available from various departmental FY 2003-2004
operating budgets.
Contract award to BCH Mechanical d/b/a Conserves Building Services in
the total amount of $77,356.00 for a three (3) year term for the
maintenance and service of the HVAC Chiller, Tracer Unit located at City
Hall. The total amount includes $12,644 for the first year, $13,024 per
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08/19/03
year for the second and third years, and $38,664 for the condenser coil.
Funding is available from 001-1802-512-46.20 (General Fund/Equipment
Maintenance) and 334-6112-519-46.10 (General Construction
Fund/Building Maintenance).
Purchase award to Chemical Lime Company at an estimated annual cost
of $564,192.00 via the City of Boynton Beach Co-op Bid #064-2821-
03/JA for bulk quicklime for the City of Delray Beach. Funding is
available from 441-5122-536-51.21 (2003-2004 Budget).
Mr. Costin moved to approve the Consent Agenda, 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.
Mike Cruz, 1510 N. Swinton Avenue, Delray Beach, speaking as President of the
Lake Ida Property Owners' Association, stated they are interested in getting some improvements
made to Lake Ida Park and appreciates the approval this evening to submit for a grant. Mr. Cruz
inquired about the timeframe involved. Mayor Perlman stated he will find out the timeframe and
let Mr. Cruz know.
REGULAR AGENDA:
9.A. CONDITIONAL USE REQUEST/COTTAGE PRESCHOOL: Consider a
request for conditional use approval to allow the establishment of a child care facility within the
RM (Multiple Family Residential-Medium Density) zoning district for the Cottage Preschool, to
be located at the northeast comer of south Swinton Avenue and S.E. 3rd Street. (Quasi-Judicial
Hearing)
The applicant has requested that this item be postponed until the Regular City
Commission Meeting of September 9, 2003.
9.B. CONDITIONAL USE REQUEST/ULTIMATE AUTOMOTIVE: Consider a
request for conditional use approval to allow the establishment of a vehicle repair facility
(automotive accessory installation and sales operation) within the MIC (Mixed Industrial and
Commercial) zoning district for Ultimate Automotive, to be located at the southeast comer of
Congress Avenue and McNab Avenue. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures for
conducting a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Heating
items held this evening.
Mayor Perlman asked the Commission to disclose any ex parte communications.
No ex parte communications were disclosed.
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08/19/03
The City Clerk swore in those individuals who wished to give testimony on this
item.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2003-266 into the record.
Mr. Dorling stated this is a 1.53 acre property known as Congress Plaza and is
currently zoned MIC (Mixed Industrial Commercial) and contains 23,976 square foot industrial
structure constructed in 1975. The applicant is seeking to establish an automotive accessory
installation and sales operation for Ultimate Automotive. The use falls within the category of
automobile, paint, body and repair, and requires conditional use approval. The use would
occupy 3,200 square feet within two bays (Bays F & G) at the west end of the building and
would be open Monday through Friday 8:30 a.m. to 7:00 p.m., Saturdays 10:00 a.m. to 5:00 p.m.
At its meeting of July 21, 2003, the Planning and Zoning Board held a public
heating in conjunction with review of the request. No one from the public spoke. After
discussion, the Board voted 5-0 (Woehlkens and Morals 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 condition with respect to parking as listed in the Planning
and Zoning Staff Report. Staff recommends approval of the request.
Mayor Perlman declared the public heating open. There being no one who
wished to address the Commission regarding the Conditional Use request, the public hearing was
closed.
Mr. Costin moved to approve the Conditional Use request, 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
condition with respect to parking as listed in the Planning and Zoning Staff Report, seconded by
Mr. Levinson. 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.
At this point, the time being 7:00 p.m., the City Commission moved to the duly
advertised Public Heatings portion of the Agenda.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 22-03 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations Section 4.4.11
"Neighborhood Commercial" Zoning District to clarify the uses subject to the special regulations
section and to add vocational schools limited to Arts and Crafts, Business, Beauty, Dancing,
Driving, Gymnastics, Photography, Modeling, and Karate-Judo as a permitted use. Prior to
consideration of passage of this ordinance, a public hearing has been scheduled to be held at this
time.
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08/19/03
The caption of Ordinance No. 22-03 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 4.4.11,
"NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", BY
AMENDING SUBSECTION (B), "PRINCIPAL USES AND
STRUCTURES PERMITTED", TO CLARIFY THE USES
SUBJECT TO THE SPECIAL REGULATIONS SECTION
AND TO ADD VOCATIONAL SCHOOLS LIMITED TO
ARTS AND CRAFTS, BUSINESS, BEAUTY, DANCING,
DRIVING, GYMNASTICS, PHOTOGRAPHY, MODELING
AND KARATE-JUDO AS A PERMITTED USE WITHIN
THE NEIGHBORHOOD COMMERCIAL (NC) ZONING
DISTRICT; BY AMENDING SUBSECTION (D)
"CONDITIONAL USES AND STRUCTURES ALLOWED",
TO CLARIFY THAT IT IS SUBJECT TO THE SPECIAL
REGULATIONS SECTION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTiVE DATE.
(The official copy of Ordinance No. 22-03 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 this is a privately initiated
LDR text amendment to allow vocational schools as a permitted use within the NC
(Neighborhood Commercial) zoning district. The applicant wishes to allow a tenant to operate a
martial arts school at 2715 South Federal Highway.
At its meeting of July 21, 2003, the Planning and Zoning Board held a public
hearing and after lengthy discussion, the Board voted 5-0 (Woehlkens and Morris absent) to
recommend approval that LDR Section 4.4.11 (B)(2) (Principal Uses and Structures Allowed) be
amended to allow "Vocational Schools, limited to arts and crafts, business, beauty, dancing,
driving, gymnastics, photography, modeling, and karate-judo" as a permitted use and that minor
changes be made to "Principal Uses and Structures Permitted" and "Conditional Uses and
Structures Allowed", based upon a positive finding with LDR Section 2.4.5(M)(5).
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 22-03, the public hearing was
closed.
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08/19/03
Mrs. Archer moved to adopt Ordinance No. 22-03 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.B. ORDINANCE NO. 25-03: An ordinance designating the Amelung House
located at 102 N.E. 12th Street to the Local Register of Historic Places. Prior to consideration of
passage of this ordinance, a public hearing has been scheduled to be held at this time. (Quasi-
Judicial Hearing)
The caption of Ordinance No. 25-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DESIGNATING
THE AMELUNG HOUSE, LOCATED AT 102 NE 12TM
STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR
THE AMENDMENT OF THE "ZONING MAP OF DELRAY
BEACH, FLORIDA, APRIL, 2003"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 25-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing and quasi-
judicial hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Delray Beach, Flor/da.
Mayor Perlman asked the Commission to disclose any ex parte communications.
No ex parte communications were disclosed.
No one fi.om the public came forward to be sworn in by the City Clerk and the
City Attorney noted that Mr. Dorling was already sworn in for the evening.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
project file #2003-228 into the record.
Mr. Dorling stated this request involves the relocation of a house from Vista Del
Mar Drive to a future address of 102 N.E. 12th Street. Mr. Dorling stated this was originally
discussed during the City Commission Meeting of August 5, 2003, at which time it was
determined that the designation for the Amelung House should be limited to Lot 9. Mr. Dorling
stated upon relocation of the house from Vista Del Mar to this property, the applicant proposes to
provide an alternative orientation of the house to face east/west and request a waiver from the
Historic Preservation Board to reduce the required lot area. In addition, Mr. Dorling stated the
applicant will seek a variance request from the Board of Adjustment to reduce the west setback
of the existing structure on Lot 8 (which would become non-conforming) with the removal of
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08/19/03
Lot 9 from the overall holdings.
At its meeting of July 16, 2003, the Historic Preservation Board gave preliminary
support based upon the facts presented to those relief mechanisms that would be necessary from
that Board. The relocation is anticipated to occur in early September and then this designation
would become effective upon that relocation.
The City Attorney stated Section 5 of the ordinance should read "That this
ordinance shall become effective immediately when the building is placed on Lot 9; no later than
September 30, 2003."
At this point, Gary Eliopoulos came forward to be sworn in by the City Clerk.
Gary Eliopoulos, 205 George Bush Boulevard, Delray Beach (Architect), stated
he and his wife currently live at the subject property which they are subdividing. Mr. Eliopoulos
stated the current owner contacted him and asked if he wanted to find a new location for it. Mr.
Eliopoulos stated the relocation is currently scheduled for September 7, 2003.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 25-03, the public hearing was
dosed.
Mrs. Archer moved to adopt Ordinance No. 25-03 on Second and FINAL Reading
as amended with the effective date, seconded by Mr. Costin. 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.C. ORDINANCE NO. 26-03: An ordinance amending Section 71.030 of the Code
of Ordinances relating to the immobilization regulations on private property. Prior to
consideration of passage of this ordinance, a public hearing has been scheduled to be held at this
time.
The caption of Ordinance No. 26-03 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, BY AMENDING CHAPTER 71, "PARKING
REGULATIONS", SUB SECTION 71.030(B),
"REQUIREMENTS FOR IMMOBILIZATION CONTRACTOR
OR PROPERTY OWNER", TO PROVIDE FOR A CHANGE IN
THE FEES AND PAYMENT PROVISIONS AND TO
CLARIFY OTHER MINOR ITEMS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
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08/19/03
(The official copy of Ordinance No. 26-03 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 is a modification to the
existing ordinance to (1) increase the fees that could be charged for removal of the
immobilization device from $25 to $50, (2) if the property owner or Contractor is unable to
accept credit cards they can invoice the vehicle owner for payment at a later date, (3) extend the
maximum response time to remove the device from 30 to 60 minutes and, (4) require the
warning notices affixed to the vehicle window to be in English, only.
Mayor Perlman declared the public heating open. There being no one who
wished to address the Commission regarding Ordinance No. 26-03, the public hearing was
closed.
Prior to the vote, Mayor Perlman asked how we compare with other cities with
regard to the fee for removal of the immobilization device. In response, Mr. Dorling stated staff
was comparing the cost of towing for other cities, not necessarily for booting. Scott Aronson,
Parking Management Specialist, stated towing usually runs around $125 for redemption of the
vehicle in addition to the inconvenience of having to go to an impound yard.
Mr. Costin moved to adopt Ordinance No. 26-03 on Second and FINAL Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the City Commission moved to Item 11, Comments and Inquiries
on Non-Agenda items from the City Manager and the Public.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a prior concern expressed by Ms. Wright about the problems with
ATV's and the potential dangers associated with driving them in addition to go-carts on public
roadways and vacant lots, the City Manager stated the Police Department has dealt with this
issue as best they can. The City Manager stated District 2 Officers as well as Officers assigned
to the West Atlantic Avenue Task Force have been actively working to remedy this situation.
The City Manager stated the strategies involve a zero tolerance for violators to include both the
issuance of citations and the seizure of illegal vehicles found on roadways. Within the last week,
staff has seized three such vehicles and is continuing their efforts to rectify this problem and
have also solicited the assistance of the residents in the neighborhood. The City Manager stated
through combined efforts, we hope to find the homes where these vehicles originate. We can
then approach the offenders prior to them committing the violations to encourage their
cooperation and if they choose to continue to violate we know where to find them so we can
employ a different means of rectifying the problem. The City Manager stated Captain Musco is
the Police Department contact person with regard to this issue.
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08/19/03
Secondly, the City Manager stated at the July 22nd City Commission meeting
there were several property owners' from the Carver Square subdivision who commented on
problems they were having relating to severe cracking and other problems because of the homes
being constructed on lots that had inferior fill. The City Manager stated when the City did the
initial analysis on the subdivision in 1988 the conclusion suggested that a portion of this
neighborhood was used informally as a garbage dumping ground. There are 30 lots within this
subdivision with 27 homes constructed between the early 1950's and the mid 1980's.
Approximately 12 of these units appear to be visibly affected. The most severe units appear to
have been constructed in the mid 1980's by Emilio Garcia, General Contractor. The City
Manager stated research by staff indicates that this contractor has multiple problems with his
business with a number of outstanding liens, judgments, and complaints filed between 1986
through 1993 at which time he voluntarily surrendered his construction license. Staff was not
able to determine if licensed real estate sales persons were involved in the resale of these units.
Nine of the 27 homes claimed homestead exemption which can be interpreted that these are
owner occupied. The City Manager stated the rest of these homes are investor owned, rented or
vacant. The City Manager stated previously a map was distributed to the Commission
identifying the units with the most severe deterioration. Unfortunately, the City Manager stated
these people are the victims of criminal activity and this is not a matter that the City can assist
them with. The City Manager continued to state he feels the direction by the Commission to
refer these people to the CRA is appropriate and hopefully through some sort of strategy of
acquiring and replacing these units, these people can be assisted.
ll.B. From the Public.
ll.B.1. Bunny Elrod, 302 S.W. 1~t Avenue~ Delray Beach~ expressed concern over the
new library building and stated she has been involved in other City hearings with regard to what
the public wants in redevelopment (most recently the NW/SW Redevelopment Task Force where
several Charrette meetings and public workshops were held). Ms. Elrod stated she obtained the
actual plans from the Charrette that was created for the relocation of the library. Ms. Elrod
stated she has the plans with her this evening and she made references to some things the
Charrette produced.
ll.B.2. Alice Finst~ 707 Place Tavanh Delray Beach~ representing the Board of
Directors for Progressive Residents of Delray (PROD), she urged the Commission to take a stand
regarding this issue and call the question as to whether this is what we want versus what is being
proposed. Mrs. Finst stated from the beginning it seemed as if there are a lot of diversions in the
project taking it away from the original concept. Mrs. Finst stated it appears the project was not
put together the way it should be and commented SPRAB keeps making suggestions but the
Committee has not accepted these suggestions. Mrs. Finst suggested that the Commission
intervene immediately.
ll.B.3. Carolyn Zimmerman, 212 S.W. 2nd Avenue~ Delray Beach~ is opposed to the
design for the library and stated this was done by many people who took a lot of time in what
they wanted. Miss Zimmerman stated Delray is known for its charm and she feels the
community should not have something that looks like a prison. Miss Zimmerman stated at the
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08/19/03
Charrette for the proposed library there was no one who wanted the library to be located on West
Atlantic Avenue except for her. Miss Zimmerman stated we have to think about the future of
Delray as it is today and suggested that the new design be given back to the architect.
9.C. REQUEST FOR MODIFICATION OF STANDARDS GOVERNING
FINGER PIERS: Consider modification of standards in Land Development Regulations (LDR)
Sections 7.9.7 and 7.9.8 governing Dolphins and Finger Piers, pursuant to Section 7.9.4(A) of
the LDR, to allow dolphin pilings 60 feet from the property line and a 30-foot finger pier to be
constructed at 240 Captain's Walk. The normal standard is 25-feet of dock length. (Quasi-
Judicial Hearing)
Mayor Perlman asked the Commission to disclose any ex parte communications.
No ex parte communications were disclosed.
item.
The City Clerk swore in those individuals who wished to give testimony on this
George Diaz, Building & Inspector Administrator, entered the building
application into the record.
Mr. Diaz stated this item is a waiver of the Land Development Regulations
Section 7.9.7 and 7.9.8 governing the placement of dolphins and finger piers for property located
at 240 Captain's Walk, Unit #501 (Boat Slip #48). The application includes four (4) new
dolphin pilings that will extend 60 feet from the property line. The second one is for finger piers
which extend 30 feet from the property line.
Mayor Perlman stated if anyone wishes to speak on this item to step forward at
this time. There being no one who wished to address the Commission regarding the waiver
request, the public hearing was closed.
Mr. Costin moved to approve the waiver request to LDR Sections 7.9.7 and 7.9.8
of the LDR's to allow dolphin pilings 60 feet fi.om the property line and a 30-foot finger pier to
be constructed at 240 Captain's Walk, 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.D. 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG): Approve
acceptance and the proposed allocation of the 2003 Local Law Enforcement Block Grant in the
mount of $121,447.00 with a City match of funds in the amount of $12,145.00 for a total
amount of $133,592.00. Funding is available from 115-2112-521-49.90 (Federal Forfeiture
Account).
Mayor Perlman announced per the Finance Department, staff is requesting that
only the allocation of funds be approved because they have not yet received the grant.
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08/19/03
The City Manager stated the proposal is to allocate this grant including the City
match funds for a total of $133,592. The City Manager stated $60,000 is for Police overtime,
$25,000 is for the volunteer program, $40,320 is for building security upgrades to the main
Police station, and $7,000 is for vehicle alarms in Police cars.
Mrs. Archer moved to approve the allocation for the 2003 Local Law
Enforcement Block Grant (LLEBG) fimds, 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.
9,Eo
OFFSITE PARKING AGREEMENT/MULBERRY STREET
RESTAURANT: Provide direction concerning an off-site parking agreement for Mulberry
Street Restaurant (fka Craige's Furniture), located at 111 East Atlantic Avenue.
Paul Dorling, Director of Planning and Zoning, stated staff is seeking some
direction on an agreement that has been reached for the Mulberry off-site parking agreement.
At its meeting of June 3, 2003, the City Commission held a quasi-judicial
heating with regards to a request fi.om Craige's Furniture for the purchase of nine (9) in-lieu
parking spaces at a cost of $108,000, which was paid on July 1, 2003. After significant
discussion, the City Commission approved the in-lieu fee subject to the condition that the
applicant provides an off-site agreement to accommodate employee parking. In addition, the
City Commission indicated that the 300 foot maximum spacing could be waived at that point.
The applicant has entered into a parking agreement. However, in addition to the
300 foot requirement which the City Commission waived, the agreement still does not meet
some other requirements of an off-site agreement required by LDR Section 4.6.9. In particular,
Mr. Dorling stated it does not constitute a covenant running with the land and the agreement
contains an expiration date shorter of five (5) years or the date new public parking is opened
within two blocks of 111 East Atlantic Avenue. Furthermore, Mr. Dorling stated it also does not
include the City as a party to that agreement and therefore the City cannot legally enforce the
agreement. Mr. Dorling stated in February 2003, the City Commission agreed that this lot could
only be used for City sponsored special events and private sector events that receive Commission
approval. As the parking, through this agreement, will be used on a daily basis, it will require
improvement to meet the current parking lot design standards pursuant to LDR Sections 4.6.9(D)
and 4.6.16. In addition, staff is looking for direction as to whether that portion of the lot to be
used by employees needs to be to a full parking lot and if this agreement meets the intent of the
Commission June 3ra requirements.
Michael Weiner, representing the applicant DHBH, L.L.C., stated it was not the
intent of the Commission to meet the Code requirements for this parking agreement. What the
applicant understood from the Commission was go see what you can do and use your best efforts
with respect to parking and it was not tied to a Code provision. Mr. Weiner stated DHBH did the
best they could and everyone understood that this was a requirement that was far beyond the
requirements that were usually imposed with respect to in-lieu parking. Mr. Weiner stated he
feels they have sufficient cause to be allowed the in-lieu parking fee.
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08/19/03
Michael Listick, Attomey, 616 East Atlantic Avenue, Delray Beach, stated this
all began in March 2003 with the staff meeting which indicated the applicant would perhaps
have to pay for two or three spaces and is now paying over $100,000. In June, the Commission
agreed to accept a parking agreement through the applicant's best efforts.
Mr. Levinson expressed concern over the term and the language in the agreement
being too vague. Mr. Levinson stated the purpose of this was to accommodate an offer that was
made and the offer would be sufficient to allow a reasonable amount of public parking to be
offered, not some limited amount of a few spaces that may be recovered on an on-street basis.
Mrs. Archer stated she too is uncomfortable with the agreement. Mrs. Archer
stated she would like the parking agreement to be for five years and she would also like to see a
requirement that all employees park in this lot since it is an unimproved lot. Mrs. Archer stated
if these changes were made then she could support the agreement. Mrs. Archer stated she would
like to do everything we can to help this restaurant open but by the same token, she feels
something has to be done that is going to be more effective for the City.
Mr. Costin inquired whether or not the negotiations are ongoing with Mr.
Worrell because he feels the City needs to be assured of some continuity in that period of time.
David Hosokawa stated he will get the agreement for five years with Mr.
Thomas Worrell if necessary.
Mr. Weiner stated the applicant would be more than happy to take the direction
of the Commission to change the clause in the agreement to it being a certainty of five years.
Ms. McCarthy stated the temporary permit for this particular lot has expired and
she would not like to see the applicant go out again and find another lot that is owned by any
person and then find out that lot is not satisfactory as well. Therefore, Ms. McCarthy stated she
would like to know if the additional requirement is that the additional parking be paved and
striped, etc. and if this lot is okay (with the exception that the terms of the agreement are not long
enough), then she would like clarification now so that the applicant is not trying to do something
other than what the Commission is requesting. Mr. Dorling stated this lot is not an improved lot
and it would not be considered meeting the Code and there are other items which may or may not
be an issue with respect to the City not being a party to the agreement as identified in the
Planning and Zoning Staff Report.
The City Manager stated a normal off-site parking agreement provides that you
are providing required spaces off-site and this is the reason it must be subject to City intervention
because it represents a permanent solution to the parking needs and emphasized this is not the
case here.
Mayor Perlman stated the Commission asked the applicant to make a good faith
effort to mitigate the situation and it appears that this is what they did. In addition, he would not
like to hold the applicant up any longer and feels they went out and did what was requested.
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08/19/03
After brief discussion, it was the consensus of the Commission that the term of
the agreement be for five years regardless of whether additional public parking is provided in the
area. Further direction was given that the parking lot be limited to parking by employees only
(not employees who are parking other peoples cars); and, that it be limited to the paved area
which could accommodate the twenty (20) spaces and the balance. The balance of the lot retains
its status that it is available for special events only.
9.F~ DELRAY BEACH MARINA RATES: Provide direction concerning a
proposed rate increase up to forty or forty-five cents per foot per day for use of the municipal
marina facilities.
Joe Weldon, Director of Parks and Recreation, stated he is recommending that the
City of Delray Beach increase the marina rates from thirty cents per foot to forty-five cents per
foot. Mr. Weldon stated staff did a survey of public and private mar/nas and noted that there is
only public and one private marina that have lower rates than the City of Delray Beach. Mr.
Weldon also stated the rates have not been raised since December 1990 and the marina facilities
are comparative with others in that the rates include utilities, showers, restrooms, laundry, and
ice machine. Mr. Weldon stated the City recently spent $548,067 in upgrading the marina and
noted that included in each agenda packet is information showing what each resident would pay
at forty cents per foot and forty-five cents per foot. Mr. Weldon stated staff recommends an
increase to forty-five cents per foot.
Mr. Levinson suggested that the rates be raised again next year and encouraged
staff to get the City rates back in line and more appropriate based upon the services that are
provided.
Mrs. Archer stated she concurs with comments expressed by Mr. Levinson.
Ms. McCarthy stated she would like to see staff come back to the Commission
with a projected timetable if there are going to be increases. Ms. McCarthy stated she agrees
with the increase as staff has projected with notice to the citizens who actually dock their boats at
the marina. Ms. McCarthy stated she would like to see what that projected level is rather than
seeing the rates increase every year.
Mayor Perlman concurred with comments expressed and feels the City should be
looking at every possible revenue source and re-evaluating it.
After brief discussion, it was the consensus of the Commission that the City send
out a courtesy notice to notify the marina residents that on September 9, 2003 the City
Commission will be voting on the proposed rate increase.
Janet Maler, resident of the marina for approximately 13 years, expressed concern
over the conditions of the marina and the deterioration of the docks. Ms. Maler stated she would
like to see the replacement of City docks a priority and urged the Commission to refrain from
increasing any rates until that decision has been made. Ms. Mahler asked that the City make this
a livable marina because she feels it is currently unsafe.
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08/19/03
The City Manager explained that the reconstruction of the docks is in the Capital
Improvement Program for next year.
9.G. RATIFICATION OF APPOINTMENT TO THE PARKJNG
MANAGEMENT ADVISORY BOARD: Ratify the appointment of Thomas Carney, Jr. as
the Community Redevelopment Agency representative on the Parking Management Advisory
Board for a term ending July 1, 2005.
Mr. Levinson moved to ratify the appointment of Thomas Carney, Jr. as the
Community Redevelopment Agency representative on the Parking Management Advisory Board
for a term ending July 1, 2005, 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.
9.H. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2)
regular members and two (2) alternate members to the Board of Adjustment for two (2) year
terms ending August 31, 2005. Based upon the rotation system, the appointments will be made
by Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), Commissioner Archer (Seat #2),
and Conunissioner Levinson (Seat #3).
Mayor Perlman stated he wished to appoint Paul Zacks as a regular member to the
Board of Adjustment for a two (2) year term ending August 31, 2005. Mrs. Archer so moved,
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.
Mr. Costin moved to appoint Woodrow Lockett as a regular member to the Board
of Adjustment for a two (2) year term ending August 31, 2005, 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.
Mrs. Archer moved to appoint Mel Pollack as an alternate member to the Board
of Adjustment for a two (2) year term ending August 31, 2005, 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.
Mr. Levinson moved to appoint David Redelheim as an alternate member to the
Board of Adjustment for a two (2) year term ending August 31, 2005, 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.
9olo
APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS:
Appoint four (4) members to the Board of Construction Appeals for two (2) year terms ending
August 31, 2005. Based upon the rotation system, the appointments will be made by
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08/19/03
Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat
#3), and Commissioner McCarthy (Seat g4).
Mr. Costin moved to reappoint Ron Brito as a member to the Board of
Construction Appeals for a two (2) year term ending August 31, 2005, seconded by Mrs. Archer.
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.
Mrs. Archer moved to reappoint Fred Fetzer as a member to the Board of
Construction Appeals for a two (2) year term ending August 31, 2005, 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.
Mr. Levinson moved to appoint Reginald Cox as a member to the Board of
Construction Appeals for a two (2) year term ending August 31, 2005, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Amher -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with
a 5 to 0 vote.
Ms. McCarthy moved to appoint Lesley Deutch as a member to the Board of
Construction Appeals for a two (2) term ending August 31, 2005, 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.
9.J. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint
one (1) regular member and one (1) alternate member to the Code Enfomement Board for
unexpired terms ending January 14, 2004. Based upon the rotation system, the appointments
will be made by Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4).
Mr. Levinson moved to appoint Glenn Schuster as a regular member to the Code
Enforcement Board for an unexpired term ending January 14, 2004, 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.
Ms. McCarthy moved to appoint Gilda Fernandez as an altemate member to the
Code Enforcement Board for an unexpired term ending January 14, 2004, 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.
9.K. PUBLIC COMMENTS/FY 2004 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the FY 2004 Proposed Budget at this
time.
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08/19/03
There were no public comments regarding the fiscal year 2004 proposed budget.
At this point, the City Commission moved to Item 12, First Readings.
FIRST READINGS:
12.A. ORDINANCE NO. 23-03: City initiated Future Land Use Map (FLUM)
Amendment from LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities-
Churches) and rezoning from R-1-AA (Single Family Residential) to CF (Community Facilities)
for a 0.81 acre portion of the Trinity Lutheran Church Property, located at the northwest comer
of Lake Ida Road and Swinton Avenue. If passed, a quasi-judicial public hearing (as to zoning)
will be scheduled for September 9, 2003.
The caption of Ordinance No. 23-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSIVE PLAN FROM LD (LOW DENSITY
RESIDENTIAL 0-5 DU/AC) TO CF-C (COMMUNITY
FACILITIES-CHURCHES), AND REZONING AND
PLACING LAND PRESENTLY ZONED R-l-AA (SINGLE
FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY
FACILITIES) DISTRICT; SAID LAND BEING A PARCEL
OF LAND LOCATED AT THE NORTHWEST CORNER OF
LAKE IDA ROAD AND SWlNTON AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, APRIL 2003" PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 23-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a 0.81 acre property
which currently contains a 1,035 square foot storage building and a parking area. This property
has been owned by the church since 1982. In October 1990, the City went through some
Citywide zoning for the balance of the property and changed the zoning from R-l-AA (Single
Family) to CF (Community Facilities). Mr. Dorling stated the City is going through a corrective
change in both the land use and the zoning to bring it consistent with the balance of the property.
At its meeting of July 21, 2003, the Planning and Zoning Board held a public
heating in conjunction with the request. There were a few people fi.om the public that expressed
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08/19/03
concerns with existing nuisances generated by the church and the expansion of the church
facilities onto the subject property as a permitted use. The general sentiment was that the church
has not provided sufficient buffering to eliminate the noise generated at the outdoor play areas,
which are located along the north and west sides of the church campus. Staff is currently
reviewing prior approvals to determine if buffering or the relocation of play area were ever
attached as conditions of prior approvals. After reviewing the staff report and discussing the
proposal, the Planning and Zoning Board voted 4-0 (Sowards abstaining, Morris absent) to
recommend that the request be approved, based on positive findings with respect to Future Land
Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR
Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezonings), LDR Section
2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive
Plan.
Mrs. Archer stated if anything is built she would like to see that the additional
landscape buffering be attached to whatever portion is built. Mr. Dorling stated that the
condition of approval will be considered during the Site Plan Review process.
Mrs. Archer moved to approve Ordinance No. 23-03 on FIRST Reading,
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.
12.B. ORDINANCE NO. 27-03: An ordinance amending Chapter 32, "Departments,
Boards, and Commissions", of the City Code of Ordinances by enacting Sections 32.45-32.50
establishing the Neighborhood Advisory Council. If passed, a public hearing will be scheduled
for September 9, 2003.
The caption of Ordinance No. 27-03 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, BY AMENDING
CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS",
TO CREATE A "NEIGHBORHOOD ADVISORY COUNCIL" AS AN
ADVISORY BOARD TO THE CITY COMMISSION; BY ENACTING
SECTION 32.45, "ESTABLISHMENT", SECTION 32.46,
"COMPOSITION; APPOINTMENT; TERMS", SECTION 32.47,
"ORGANIZATION", SECTION 32.48, "QUALIEICIATIONS OF
MEMBERS", SECTION 32.49, "DUTIES AND RESPONSIBILITIES",
AND SECTION 32.50, "MEETINGS", PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of ordinance No. 27-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
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08/19/03
Janet Meeks, Education Coordinator, stated at its Workshop Meeting of July 15,
2003, the City Commission discussed the merits and details of establishing a permanent
Neighborhood Advisory Council.
Prior to the vote, Mr. Levinson stated he received a comment fi.om the BPOA
asking to reconsider the zoning and contiguously make the beach one zone. Mrs. Meeks stated
staff will specify the zones in case there are any future changes to the map.
Mayor Perlman stated there is an objection from the President's Council to the
use of the word "Council" in the Neighborhood Advisory Council. After brief discussion, the
Commission concurred that the use of the word "Council" is appropriate.
Mrs. Archer moved to approve Ordinance No. 27-03 on FIRST Reading,
seconded by Mr. Levinson. 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.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items from the Commission.
13_.:.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. CiWManager.
The City Manager had no comments or inquiries on non-agenda items.
13.B. Ci.ty Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
City Commission.
13.C.1.
Commissioner Archer
Mrs. Archer congratulated Randy Welker, Economic Development Director who
started on Monday.
Secondly, Mrs. Archer stated she was not as pleased with the Florida League of
Cities meeting this year as she was last year. Commissioner Archer stated there were some
scheduling difficulties that could have made it a little better. However, Mrs. Archer stated
overall it was nice to see that those people who attended had the opportunity to network.
Furthermore, Mrs. Archer stated she is hoping that maybe there will be some input next year for
the scheduling of the meetings in an effort to make it more valuable.
Mrs. Archer stated she concurs with the public comments regarding the design for
the new library building and commented in looking at the two depictions of the design for the
library she feels they have gone astray fi.om the original intention. Mrs. Archer continued to
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08/19/03
state that the new building looks like an airport terminal and she does not feel this is effective for
Delray Beach.
13.C.2.
Commissioner Costin
Mr. Costin stated he feels the architectural consultant did not have input with
regard to the plan for the library. Mr. Costin stated he is very disappointed and is strongly
opposed to the library design.
Secondly, Mr. Costin commented about the presentation with regard to Zerlean
Williams, and stated he feels we are very fortunate to have people like this in our community.
Mr. Costin stated after the election campaign he had some extra fimds which Ms. Williams used
to help the children obtain library cards. Mr. Costin suggested that Zerlean Williams be
recognized and commended for her efforts with the children.
Mr. Costin stated he feels the community is very fortunate to have someone like
Marjorie Ferrer, Downtown Coordinator. In addition, Mr. Costin stated without Marjorie Ferrer
many things in this town would not happen.
Mayor Perlman announced that Zerlean Williams has been added to the
Downtown Master Plan Implementation Committee.
13.C.3.
Commissioner McCarthy
Ms. McCarthy stated there are many volunteers in the City who put programs in
place because they have a particular love or passion for it. Ms. McCarthy stated there is a
Volunteer Appreciation held every year and the Commission receives applications at least once a
year for things like the Glory Awards where you can put forth some names of these people who
do tutorial programs which help children academically. Ms. McCarthy suggested that the
Commission put forth some more names of these unsung heroes because they are doing amazing
things for the betterment of the City.
13.C.4.
Commissioner Levinson
Mr. Levinson reiterated comments expressed by Mrs. Archer with regard to the
League of Cities meeting.
Secondly, Mr. Levinson stated he too welcomed the Economic Development
Director, Randy Welker yesterday. Mr. Levinson stated he was wondering in order to title in
relationship with the City, how we might give him some quasi official capacity with the City.
Mr. Levinson stated he feels it will have some impact if he carries a City card in addition to a
Chamber card since this is a contract position for the City. Mr. Levinson stated that maybe there
is some way to work this out to give him some apparent authority.
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08/19/03
13.C.5.
Mayor Perlman
Mayor Perlman concurs with comments expressed about the library and stated he
feels that no one is pleased with the design. Mayor Perlman stated the library is one of those
buildings that is a signature building in a community and he feels we should take the time to do it
right.
Mrs. Archer stated the library designs have made its way around the City and she
feels they have tried to ramrod the designs through to a certain extent. Mrs. Archer stated she is
very uncomfortable with this.
Mayor Perlman stated he feels they need to revisit the library design for the new
building and directed the City Manager to draft a letter to the Board Chair with a copy to Mr.
Callahan.
With regard to the Marina, Mayor Perlman stated this is in the Capital
Improvement budget next year to make those repairs and no complaints about electric have been
made. Mayor Perlman stated this attempt was created to have a fair rate that is competitive with
other cities.
With regard to the League of Cities, Mayor Perlman stated he had a conversation
with a City Commissioner from Stuart who commented about the progress in Delray. Mayor
Perlman stated this is just another example of another community looking to Delray as a model.
In addition, Mayor Perlman stated they had lunch with the Mayor of Lake Worth who is getting
ideas from Delray Beach and has brought some Delray staff to Lake Worth to consult.
Mayor Perlman commented that the Budget Hearings are forthcoming and
encouraged Commissioners who have not met with the City Manager to do so before next
week's Budget Workshop meeting.
Mr. Levinson inquired about the Capital Improvement Budget and the City
Manager stated the Commission should have this before the Budget Workshop meeting next
week.
Mayor Perlman stated Jeff Costello, Assistant Planning Director, had hip
replacement surgery and everything went well. Mayor Perlman stated Mr. Costello is currently
at JFK Hospital and should be home in a few days.
There being no further business, Mayor Perlman declared the meeting adjourned
at 8:50 p.m.
City Clerk
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08/19/03
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 August 19,
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.
-25-
08/19/03
SPECIAL MEETING
AUGUST 26, 2003
A Special Meeting of the City Comrmssion of the City of Dekay Beach, Florida, was
called to order by Mayor Jeff Perlman in the First Floor Conference Room at City'Hall at 6:00 P.M.,
Tuesday, August 26, 2003.
Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Bob Costha
Commissioner Jon Levinson
commtssioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were -
City Manager David T. Harden
Assistant City Attorney Brian Shutt and
City Clerk Barbara Garito
Mayor Perlman called the meeting to order and announced that it had been called for the purpose of
considering the following item:
1. PROPOSAL FOR SETTLEMENT IN KEYSTONE CREATIONS v. CITY OF
DELRAY BEACH: Consider a Proposal for Settlement in the amount of $125,000.00 in
Keystone Creations v. City of Deiray Beach. Staff recommendation is denial.
Assistant City Attorney Brian Shutt informed Commission that recently, Judge McCarthy
ruled that a settlement agreement dated June 25, 1997, between the City and Keystone Creations
remains valid and effective. In addition, Judge McCarthy issued an injunction against Keystone to
prevent them from operating their business at 241 NW 18~ Avenue as a result of their non-
compliance with the City's Land Development Regulations. In an effort to avoid shutting Keystone
down entirely, the City attempted to propose a new settlement and grant them additional time to
come into compliance. Keystone rejected the City's attempts and has proposed a settlement
demand which asks for a one-year period to comply and payment from the City of $125,000.
Commissioner Costin moved to deny the proposed settlement as proposed by Keystone
Creations, Inc., seconded by Comrmssioner Archer. Upon roll call, the Commission voted
as follows: Mrs. Archer - Yes; Mr. Costin - Yes: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Perlman - Yes. Said motion to deny passed 5-0.
Mayor Perlman declared the Special Meeting adjourned at 6:05 p.m., at which time the
Commission convened to the regularly scheduled Workshop Meeting.
ATTEST:
City Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided her(m is the Minutes of the Special Meeting of the City Commission held on August 26,
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 v(lll become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
-2-
SPECIAL MEETING
August 26, 2003
WHEREAS, on August 7, 8, and 9, 2003, the City of Delzay Beach Parks and Recreation
Depaxtment, Ocean Rescue Division Lifegoazd Competition Team competexi in the 2003 United
States Lifesaving Association's National Lifesaving Championships in Cape May, New Jersey; and
glIHEREA5, thixw-six teams competed fxom other Ocean Rescue EYxvisions fxom all over
the United States including New York, New Jersey, l]linois, Tex~s, Cadifomia, and I"Iaw~fii; and
WHERF. AS, the Delmy Beach Oee~n Rescue Competition Team pm~icipated in the
following United States Lifesaving Association National Lifeguaxd Competition events: American
Iron Women, International Iron Women, Surf Rescue, Surf Ski, Rescue Boaed, Surf Boat, Beach
Flags, 2 lvfile Beach Run, and 4 X 100 Run Relay; and
WHEREAS, the DeLray Beach Ocean Rescue Competition Team brought home one gold
medal and finished tenth overall in the United States, and third in Division II, agencies with under
100 employees; and
'~'-IE~, the involvement and achievements of the Ocean Rescue Competition Team in
the United States Lifesaving Assochtion 2003 National Competition have generated much civic sad
community pride,
NOW, THEREFORE, I, JEFF PERLMA2q, Mayor of the City of Defixy Beach, Florida,
on behalf of the City Commi*sinn, do hereby recognize and commend 1" place winneg.
Operations Supe. tvisor Heather lzu.,mm, EMT
smd for superior ~chievement
Ocean Rescue Officer Jo Wa~, EMT
Oce~ Rescue Officex Amy Schw-,u-z, EMT
Ocean Rescue-Officer Regis Smeltz, Pax-smedic - EMT
Ocean Rescue Officer Shawn Gibson, Pm'amedic - EMT
Ocean Rescue Officer Chris Roog, EIVIT
Ocean Rescue Officer Nina Mattos, EMT
for thei~ ~.presentation of the City of Delmy Beach and offer them congratulations on a job well
done in the United States I..ife~ving Assochdon 2003 National Lifesaving Championships.
rN ~rlTN-ESS ~rlERIgOF, I have hereunto set my hand ~nd csused the Official Seal of
the City of Delray Beach, Florida, to be affixed this 9* day of September, 2003.
JEFF PERLMAN
MAYOR
Date: Aug. 19, 2003
AGENDA RE{}UEST
Request to be placed on:
Consent Agenda x Regular Agenda Workshop Agenda Special Agenda
When: September 9~ 2003
Description of Agenda Item (who, what, where, how much): Request Mayor's
signature on, and City Commission's issuance of, a Proclamation honoring the
Delray Beach Lifeguard Competition Team's participation and achievements in
the United States Lifesaving Association 2003 National Lifesaving Championships.
?.epartmentHea~_~ . ( b
Sl. gnature: /iV--'--'" ~ m/''-z/~''-~
City Attorney Re '~we fRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda:~/No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
(if applicable)
Proclamation
Whereas, on August 7, 8, and 9, 2003, the City of Delray Beach Parks and Recreation Department,
Ocean Rescue Division Lifeguard Competition Team competed in the 2003 United States Lifesaving
Association's National Lifesaving Championships in Cape May, New Jersey; and
Whereas, thirty-six teams competed from other Ocean Rescue Divisions from all over the United
States including New York, New Jersey, Illinois, Texas, California, and Hawaii; and
Whereas, the Delray Beach Ocean Rescue Competition Team participated in the following United
States Lifesaving Association National Lifeguard Competition events: American Iron Women, International
Iron Women, Surf Rescue, Surf Ski, Rescue Board, Surf Boat, Beach Flags, 2 Mile Beach Run, and 4 X 100
Run Relay; and
Whereas, the Delray Beach Ocean Rescue Competition Team brought home one gold medal and
finished tenth overall in the United States, and third in Division II, agencies with under 100 employees; and
Whereas, the involvement and achievements of the Ocean Rescue Competition Team in the United
States Lifesaving Association 2003 National Competition have generated much civic and community pride,
Now, therefore, I, Jeff Perlman, Mayor of the City of Delray Beach, Florida, on behalf of the City
Commission, do hereby recognize and commend 1 st place winner:
Operations Supervisor Heather Irurznn, EMT
and for superior achievement
Ocean Rescue Officer Jo Wagenhals, EMT
Ocean Rescue Officer Amy Schwarz, EMT
Ocean Rescue Officer Regis Smeltz, Paramedic - EMT
Ocean Rescue Officer Shawn Gibson, Paramedic - EMT
Ocean Rescue Officer Chris Roog, EMT
Ocean Rescue Officer Nina Mattos, EMT
Ocean Rescue Officer Justin Capodieci, EMT
for their representation of the City of Delray Beach and offer them congratulations on a job well done in the
United States Lifesaving Association 2003 National Lifesaving Championships.
In witness whereof, I have hereunto set my hand and caused the official seal of the City of Delray
Beach, Florida, to be affixed this 9th day of September, 2003.
MAYOR
Jeff Peflman
WHEREAS, the health and welfare of our residents are vital state and national concerns;
and
WHERF-,AS, the hex'editary blood disorder known as Sickle Cell Anemia is a serious disease
with no known cure; and
~g~tERE. AS, Sickle Cell mainly affects African Americans, but is a global disease that affects
all racial and ethnic populations, especially members of the darker races including Greeks, Sit'iii.ns,
Turks, Hispanics, and East lDdi~n'~; and
~H~REAS, the Sickle Cell Foundation of Palm Beach County, Inc., located in West Palm
Beach, Florida, aids individuals and families affected by Sickle Cell Disease and conducts outreach
and education to increase community awareness about this disease; and
l~t'l~, the month of September is National Sickle Cell Month, and the Sickle Cell
Foundation of Palm Beach County, Inc. will be conducting various activities to make residents
throughout Palm Beach County ~w~.re of the disease.
NOW, THEREFORE, I, JEFF PER.LMAN, Mayor of the City of Dekay Beach, Flotida,
on behalf of the City Commission, do hereby proclaim the month of September, 2003 ~s
SICKLE CELL AWARENESS MONTH
in Delray Beach, and uxge all residants to join in learning more about this sc~ious disease and to
support the efforts of the Sickle Cell Foundation of Palm Beach County, Inc. in educating the
public, as well as seeking a treatment and cure for Sickle Cell Disease.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Ofiic~d Seal of
the City of Delray Beach, Fl.orida. to be affixed this 9* day of September, 2003,
JEFF PERLMAN
MAYOR
Sep-03-03
03:24P Sickle Cell Foundation
PROCLAMATION
CITY OF RIVIERA BEACH,
PALM BEACH COUNTY, FLORIDA
561-659-4505
W~.f~, The health and wcJfase of OUF resi~cnts arc vi~al state ~
~, ~ ~ b~d di~ ~ ~ S~k~ Cell ~ is a
~ d~ ~ ~ ~ c~; a~
~. S~ Cell ~ ~ly aff~ A~ ~i~, ~t b a
g~l di~ t~ ~ ~1 ~1 ~ ~ic ~m, ~ly t~ ~s
of ~ker-~i~d ~as ~h ~ ~ks. S~il~, Turk~ His~ics ~d E~ I~i~;
I~P,~F..~, The Sickle Cell Foundation of Palm Beach County, Inc. located
in West Palm Beach, Florida, assists individual and families affected by Sk:lde Cell
Disease and conducts education to increase community awareness about this
W'HF..~F.~S, Th= mon~ of S~ptemher is National Sickle Cell Month, and the
Sickle Cell Feundaticn of Palm Beach County, Inc. will be conducting various
aclivities to increass awareness about Sickle Cell Disease throughout Palm Beach
~ ~ l, Michael D. Brown, Mayor of Riviera Beach, FIm'ida, do
hereby proclaim the month of Septemher 2002 as
SICKLE CELL AWARENESS MONTH
8~ fF PXHUI'H~t PROCLAIMED THAT I urgc all residents of thc City of
Riviera Beach to actively seek to learn more about this serious disease and support thc
effor~z of the Sickle Cell Foundalion of Palm Be~ch County, Inc. in educating the
public, as well as seeking a tre~ent an~ cure for Sickle Cell Disease.
IN ~ 'l'ltKi~OF. 1 have hereunto set my ~ and caused the Off~:ial Seal
of the City of Riviern Beach to he affixed on this 3a of Septemher, T~a Tbou.~nd
Two, A.D.
ATTEST:
Clerk
Michael D. Brown, Mayor
P. 02
$ep-03-03 03:24P Sickle Cell Foundation 561-659-4505 P.01
/
~ DIREC,'I~I~
YveUe L. (~a~-y, DPA
TO:
IF YOU CANNOT RE,N:) 11418 FAX TI;L4NSMI$810N OR IF ANY OF THE PAGES
ARE NOT RECEIVED, PLENIE CALL (561) 8333113. THANK YOU.
Community Foundatmn
NI-Ammmi~m C~V
1993
2001
CITY CLERK ^vENuE
DELRAY BEACH. FLORIDA 33444
561/243-7000
September 10, 2003
Yvette Coursey, Executive Director
Sickle Cell Foundation of Palm Beach County
1600 North Australian Avenue
West Palm Beach, Florida 33407-5621
Re: Sickle Cell Awareness Month Proclamation
Dear Mr. Pelham:
During our Regular Commission Meeting of September 9, 2003, Mayor Jeff
Pertman read the attached proclamation and declared the month of September as
Sickle Cell Awareness Month.
Please let us know if we can be of additional assistance to you. We would
appreciate it if you were to acknowledge receipt of this proclamation by calling me
at (561)243-7057.
Sincerely,
Chevelle D. Nubin
Deputy City Clerk
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
[lTV DF DELRR¥ BERrH
DELRAY BEACH FLORJDA 33444 · 561/243.7000
PROCLAMATION
WHEREAS, the bea~th and welfare of our residents are vital state and national
WHEREAS, the hereditary blood disorder known as Sickle Cell Anemia is a
serious disease with no known cure; and
WHEREAS, Sickle Cell mainly affects African Americans, but is a global disease
that affects all racial and e~hnic populations, especially members of the darker races
including Greeks, Sicilians, Turks, Hispanics, and East Indians; and
WHEREAS, the Sickle Cell Foundation of Palm Beach County, Inc., located in
West Palm Beach, Florida, aids individuals and families affected by Sickle Cell Disease
and conducts outreach and education to increase community awareness about this
disease; and
WHEREAS, the month of September is National Sickle Cell Month, and the
Sickle Cell Foundation of Palm Beach County, Inc. will be conducting various activities
to make residents throughout Palm Beach County aware of the disease.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City commission, do hereby proclaim the month of September,
2003 as
SICKLE CELL AWARENESS MONTH
in Delray Beach, and urge all residents to join in learning more about this serious
disease and to support the efforts of the Siclde Cell Foundation of Palm Beach County,
Inc. in educating the public, as well as seeking a treatment and cure for Sickle Cell
Disease.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official
Seal of the City of Delray Beach, Florida, to be affixed this 9~ day of September, 2003.
MAYOR
THE EFFORT ALWAYS MATTERS
Neil I. Fded
5320 Jog Lane
Delray Beach, Flodda 33484
August 25, 2003
Mayor Jeff Pedman
100 N.W. 1'~ Avenue
Delray Beach, Florida 33444
Dear Mayor Pedman,
I so appredated your taking the time to listen to the song I wrote for
Delray Beach. Your enjoyment of the song made it that much more
meaningful to me. The idea of creating a theme song for a city that has
become as exciting as Delray Beach is thrilling to me.
· ~,~! ,realized after we met that I left you with the recording but I failed to
g~ve you a copy of the wfi[ten lyrics in case there were any musical
passages which were unclear. Therefore, I am enclosing a lyric sheet for
"D~l~'ay:Beat".
I a so wanted to confirm your ideas of 1) playing the song at the next
meeting of the C ty commiSsion, 2) meeting with the new marketing
consulting firm, and, 3) linking the song t° Delray'S WebSite, : ~
As I t(~19 you:, thiSis an effo~of I°Ve on my 'p'a~t and wou d be a
contributiOn to the redevelopment efforts ofiDelray Beach.
Ilook forward to headng from yoU regarding the possible "merger" of
Delray Beach with "DelrayBeat'. ' ·
Sin~rel~,,..~'~\
DELRA Y BEAT
Lyrics and music by Neit Fded c 2001
Walking down the avenue in Delmy Beach
Holding hands beneath the blue, DelmyBeach
Won't you come and be with me in Delray Beach
Music spdngs bet~='cn the roofs on AtlanticAvenue
Walk along the ocean reef beneath the blue
Hand in hand, arm in arm, reach in reach just me and you
Brake
Listen to the beat. on Delray.Beach
The women coot and sweet,-it'sthe place to meet
-Get out of your seat and get the beat
(Modulate to B flat)
Food from.every part-of the world, - makes your senses swirl
Swing, blues,:jazz;-:just:give your girl a whid
Take it to the next step,- come into my world
Won't you come.and-be withme in the town-by the sea.
Skipping along, singinga song, -. feeling free.
It don't getno.better:than-this, come be with me.
Sights, smell, sounds'abound; palates-need'notwait,
Don't forget in Delmy Beech it's never too :late.-
Don't forget in DelrayBeach ~t's never too late.
Don't forget in Delray Beach it's never too late.
· Page 1 of 1
Bauer, GerrJ
From: nif411@aol.com
Sent: Thursday, August 28, 2003 9:31 AM
To: JerryBauer@aol.com; bauer@ci.delray-beach.fl.us
Subject: Debut of Delray Beat
Dear Mayor,
I wanted to inform you that the song Delray Beat is going to be played on the Chuck
Zinc's jazz and blues radio show this coming saturday night on WXEL.( 90.7 FM) When Chuck heard the song he become
so excited by it that he asked if I would come into the studio for a brief interview to be aired at the time he would play the
song. I did that and both song and interview will be on this weeks show. I thought you might enjoy hearing beth Chuck's
reaction to the song as well as the song itself.
The show is called Chuck's Big Bands. Ballads. and Blues. and Jazz Too..
The show will run from 5:30 until 9:00 pm. Delray Beat will be aired sometime during the second hour (6:30 - 7:30).
thought you ( and possibly the other city commissioners) would enjoy tuning in.
Your idea about playing the song at the next meeting of the City Commishioners and possibly using it for marketing and
recreational purposes was what I had in mind as well.
1 look forward to hearing from'you. I can be reached at home 498-4834 or work
392-1414.
Sincerely,
Neil Fried
nif41 l@aol.com
8/28/2003
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM #~. - REGULAR MEETING OF SEPTEMBER 9. 2003
FINAL PLAT APPROVAL/OCEAN CITY LOFTS
SEPTEMBER 5, 2003
This is before the Commission to approve the final boundary plat for Ocean City Lofts. The plat is
a replat of Lots 9, 10, 11, and 12 of Block 91 and Lots 1, 2, 3, 4, and 5, of Block 99; resubdivision of
Blocks 91 and 92, and the west half (1/2) of Block 99, Town of Linton. The property is located on
the west and east side of the 100 block of N.E. 4th Avenue.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final boundary plat for Ocean City Lofts.
S:\City Clerk\agenda memos\Final Plat. Ocean City Lofts.9.9.03
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
Randal L. Krejcarek, PE
22 Aug 2003
Ocean City Lofts Plat
The attached agenda request is for Commission approval of the boundary plat of the
Ocean City Lofts Plat. This property is a replat of Lots 9, 10, 11, and 12, Block 91 and
Lots 1, 2, 3, 4, and 5, Block 99, resubdivision of Blocks 91 and 99, and the west ¼ of
Block 99, Town of Linton, Plat Book 2, Page 21. This property is located on the west
and east side of 100 Block of NE 4th Ave Avenue. Enclosed are a location map and a
reduced copy of the plat. This project did not require any other board approval
because it is a boundary plat.
If this meets with your approval, please place it on the 09 Sep 2003 Commission
Agenda for approval.
Thanks!
enc
cc TAC file
S:~EngAdmin~TAC~Ocean City Lofis~2OO3sep02 agenda memo.doc
o ~
o c , ~
N.E. 2ND ST.
ATLANTIC AVENUE
,
CI~ of DELRAY BEACH OCEAN CITY LOFTS gA~:S/~O/O~
E~RONME~AL 8E~E8 DEP~E~ LOCATION MAP
~m~A~Y~A~ 2003-200 1 OF 1
r
Date: 22 Aug 2003
AGENDA ITEM NUMBER:~
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda Workshop Agenda Special Agenda
When: 09 Sep 2003
Description of Agenda Item (who, what, where, how much):
Request for Commission approval of the boundary plat for Ocean City Lofts Plat. This
property is a replat of Lots 9, 10, 11, and 12, Block 91 and Lots 1, 2, 3, 4, and 5, Block
99, resubdivision of Blocks 91 and 92 and the west % of Block 99 Town of Linton, Plat
Book 2, Page 21. This property is located on the west and east side of 100 Block of NE
4th Ave Avenue. Enclosed are a location map and a reduced copy of the plat. This
project did not require any other board approval because it is a boundary plat.
Staff Recommendation: Avvrovai~-~ ~ ,. _
Department Head Signature: (/.C-~ ~--,~
City Attorney Review/Reeommendation (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:
for Agenda: ~/No Initials:
Approved
Hold Until:
(if applicable)
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\Ocean City Lofts\2003sep02 agenda.doc
[lTV OF DELRrlq' BErlCH
CITY ATTORNEY'S OFFICE
200 NW ist AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993
DATE:
August 20, 2003
MEMORANDUM
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Acceptance of Easement Deed from Mallory Square
The following easement deed grants to the City the means to maintain a sidewalk along
S.E. 4th Street and S.E. 6th Avenue after it has been constructed by the developer. The
project consists of the construction of residential townhouses.
By copy of this memorandum to David Harden, our office requests that this item be placed
on the September 9, 2003 City Commission agenda for acceptance.
Please call if you have any questions.
Attachment
CCi
David T. Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
Prepared by: RETLrRN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made ~s ~ day of , 2~_, by ~d be~een
o~t 0~[ t~ L~ ~ ~ , ~ a m~ling ad.ess of
.; .,
of~e flint p~, ~d ~e CITY OF DEL~Y B~ACH, ~ a m~l~g ad.ess of 100 N.W. 1st
Avenue, De~a~ Beach, Florida 334~, a m~cipal co~orafion in Pa~ Beach Co~, State of
Florida, p~ of~e second p~:
WITNESSETH: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of the construction and maintenance of a public
sidewalk with full and free right, liberty, and authority to enter upon and to install and maintain
such sidewalk across, through and upon or within the following described property located in
Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed 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 fa'st part also agrees to
erect no building or effect any other kind of construction or improvements upon the above-
described property.
It is understood that upon completion of sidewalk construction, all lands disturbed
thereby as a result of such construction performed thereon, will be restored to its original or like
condition without expense to the property owner.
Patty 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.
/-WI~FNESS #1: ~
(name printed or typed)
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 C~ }flora. l~ Ls~;~,~
(name printed or typed)
STATE OF ~
COUNTY OF
(~e foregoing instrument Vas .a~_kno,wledged before me this ~,~/'/ day of
,200~ by ~ ~gg~/~h] (name of officer or agent), of
{name of ~orporation), a ~P( (State or place of
inc6fporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced (type of id~~ and did/did
not take an oath.
Sign~t~¢ of ~otarry~ub 'c~
State[~f
(SEAL)
2
EXHIBIT "A"
LAND DESCRIPTION
SIDEWALK EASEMENT
A PORTION OF MAILORYSQUARE, ACCORDING TO THE PLAT THEREOF, RECORDED ~ F~AT
94, PAGES 1 THROUGH 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, I
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY, ~ CORNER OF S,flD PLAT:
THENCE SOUTH 88'58'46" EAST ALONG THE SOl/TH LINE OF SAID PLAT AND THE NORTH RIGI
-WAY LINE OF SOUTHEAST 4'~ STREET (50 FOOT WIDE RIGHT -OF-WAY), 8.29/-r-~ · TO THE I
OF BEGINNING;
THENCE NORTH 01'01'14' EAST,1.50 FEET;
THENCE SOUTH 68'58'48' EAST ALONG A LINE PARAI I ~ WITH AND 1.50 FEET NORTH
NORTH RIGHT-OF-WAY OF SOUTHEAST 4'm STREET, 232.61 FEET;
THENCE NORTH 69'54'52'E, t0.47 FEET; '
THENCE NORTH 20'46'26"E, 12.42 FEET;
THENCE NORTH 00'00'00" EAST ALONG A MNE PAR, AJ-LEL WITH AND t .00 FEET WEST OF THE
RIGHT-OF-WAY OF SOUTHEAST 6m AVENUE, 67.35 FEET;
THENCE NORTH 90'00'00' EAST, 1.00 FEET TO THE WEST RIGHT-OF-WAY OF SAID 8OUTI..IEA
AV~cNUE;
THENCE SOUTH 00'00'00" WESTALONG THE WEST RIGHT. OF-WAY OF SOUTHEAST 6'm AVENU
THE EAST LINE OF SAID MALLORY SQUARE, 69.06 FEET TO THE BEGINNING OF A TANGENT C
CONCAVE TO THE NORTHWEST;
THENCE ~STERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 15.00
FEET, A CENTRAL ANGLE OF g1'o1'14', AN ARC DISTANCE OF 23.83 FEET TO THE POll
TANGENCY;
THENCE NORTH 88'58'46' WEST ALONG THE SOUTH MNE OF SAID PLATAND THE NORTH RIG
-WAY UNE OF SOUTHEAST 4e STREET (50 FOOT WIDE RIGHT -OF-WAY), 232.81 FEET TO THE.
OF BEGINNING.
6AID LANDS LYING IN THE CiTY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CONTi
465.5 SQUARE FEET, MORE OF LESS.
L~nd Deso~ption Prepared By:.
SHAH, DROTOS & A~SOClATE$
1835 South Perimeter Road, ,Suite 190
Fort Lauderdale, Flodda 33309
Prepared b~. MDS
Cheoked b~. MDR
Project No.: 01-0557A
Flle Name: X:~AD~URVEY~557A00~L.EGALS~0557A SIDEWALK ESMT .WPD
JUNE 25, 2003
SHEET 1 (~F 2 8HE~=I'S
r
SKETCH OF DESCRIPTION
PROPOSED SIDD~ALK ~EMENT
PALM B~CH COUN~ RECORDS
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~ I a -T ..... ~4.g~~ ........ ]"
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~ ~ i . 55 71 .
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~ ............. ~ .... Olin ~ z
~ ~ ~ ~, ~ ......... -- J ~ -~ 22.~
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[ NOO'OO'OO"E 58.29' ~ I. o
N45' ~0'00 E~~~~1~4
21.21' 52 E ~.~
s~ P.R ~ ~ IL ~~01 2
LB~64~6 ~ ~T~TN ~' E"~:~' ~-~'~00
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[ITY I)F OELR;I¥ BEII£H
CITY ATTORNEY'S OFFICE 20° NW is, AF..UE..EL.AY.EAC., FLORI.^ 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE:
Wdter's Direct Line: 561/243-7091
MEMORANDUM
August 20, 2003
TO:
FROM:
City Commission'-''~'
Brian Shutt, Assistant City Attorney
SUBJECT: Granting of Utility Easement to FPL
The following easement deed from the City grants to FPL a 10' utility easement
over City owned property adjacent to the Florida East Coast Railway and just north
of SE 4l~ Street. This easement is requested as it is needed for the Tropical
Awning development project located just north of the City owned property. This
request has been reviewed by the City Engineer.
By copy of this memo to David Harden, our office requests that this item be placed
on the September 9, 2003 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
Work Order No. ~61414
See. 16 , Twp 46 $, Rge ~ E
Parcel I.D.
(Maintained by County Appraiser)
Fora1 3722 ($tock~l) Rev.
EASEMENT
This Instrument Prepared By
Name:
Co. Name: Florida Power & Uoht
Address
Pg of
The undersigned, in consideration of the payment of $1.00 and other good and
valuable consideration, the adequacy and receipt of which is hereby acknowledged,
grant and give to Florida Power & Liuht Company, its licensees, agents, successors,
o~vZ. ~e~iJU~en~o~u~re~v~er~_f.o.r i_~e~..ccon~, tr~.,~t~on,,.ope, m~on an~ maintenance(
?ble. s; condmts and appurtenant equipmenfl to be ~'~sZlled/~mV~'meSe' ._p~es, gu~
me ngnt to reconstruct, improve add to edi.~2~ -~. ..... ~- ~,¥ ~mc to ~.e; vat
size of and remove such ~i~-~ ..... ,_g.~_ s% v..,'.m~gr me voltage, as wen as, th
described as follows: ......... ,,~y m mem wmm an easement 1~0 feet in widt
T?ge.~er with the right to permit any other person, firm or corporation to attach ·
vothia die easement wad to o rate the same fi . .. .w?~es to any facilities hereunder and la '
· pc. or commumcaUuns ar scs' the . · y cable and conduit
nght to clear the land and ke it cleare P , ngnr of regress and e ss to said
d of all a-ees under . . . gte prermses at all nines, th
rammed and cut all dead we ' , growth an~"~ther obstyacUons vathin the eas . . , e
· , ~ leamng or dangerous trees or limbs outside ........ em:ent .area, to trim and cut and keep
lines or systems of communications or "ower tr .... "-:- ~. ~ .. ut ?£ e,asemem area wmcn nnght interfere with or fall
p? ~wer to grant, if at all, the rights herei~a~ove ~r~t~n~°~r,-m--s~m~uu?nj ana~ mrmer ~ants, to the fullest extent the undersi~n~aU~°~n ~e
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on
Signed, sealed and delivered
in the presence off
Print Name
By:
ONimess' Signatu~) Print Name:
(withes) Print Address:
,20 03 .
(corporate's name)
(President's signature)
Print Name
(Witness' Signature)
Attest:
Print Name:
Print Address:
(Secreta~s signature)
(Corporate Seal)
STATE OF _ AND COUNTY OF
__day of_ ,20_, by _. . The foregoing instnmaent was acknowledged before me this
, and
respectively the President and Secretary of
eorperafion, on behaif of said corporation, who are personally known to me or have produced '
did (did no0 take an oath. as identffieation, and who
(Type of Identification)
My Commission Expires:
Notazy Public, Signature
Print Name
TO:
THRU:
FROM:
SUBJECT:
ABANDONMENT OF GREEN PARKWAY RIGHT-OF-WAY LOCATED BETWEEN
LINTON BOULEVARD AND BLACK OLIVE BOULEVARD, APPROXIMATELY 900
FEET EAST OF HOMEWOOD BOULEVARD.
Green Parkway was dedicated to the public with the recordation of the plat of The Pines of Delray 2r~
Section (Plat Book 32, Page 43). Green Parkway is an improved street measuring 50' in width by 127'
in length and provides for two-way traffic (north-south) between Linton Boulevard and Black Olive
Boulevard. It represents one of six entrances to the Pines of Delray neighborhood.
The abandonment request was submitted by the Pines of Delray Association. The applicant intends to
incorporate the abandonment area to be used as common green space for the community. The City
Engineer has indicated that the City will remove the existing streetJasphalt. The Pines of Delray
Neighborhood Association has agreed to bear the costs associated with the restoration of the right-of-
way to place landscaping where the roadway currently exists and other improvements including
hedging and fencing along with its ongoing maintenance.
Adelphia Cable, BellSouth, Flodda Power & Light and Flodda Public Utilities Company have reviewed
the request and did not identify any facilities within the abandonment area. The City's Fire Department
reviewed the request and has no objection to the abandonment as long as the applicant is aware that
by closing Green Parkway, response time is increased to certain areas by approximately 0.4 miles or
40 second. The City's Environmental Services Department (ESD) identified a 6" Force Main within the
abandonment area. A utility easement over the entire abandonment area will be retained for this force
main.
At its meeting of August 18, 2003, the Planning and Zoning Board considered the request at a public
hearing. There was no public comment concerning the proposed abandonment. After reviewing the
staff report and discussion, the Board voted 6-0 (Joseph Pike absent) to recommend approval subject
to the following conditions:
1. That the Resolution abandoning the subject area includes language which establishes a utility
easement over the entire abandonment area; and,
2. That a Hold Harmless Agreement for Improvements Placed within a Utility Easement be
executed and accepted in conjunction with this abandonment request.
Both conditions have been addressed.
By motion, approve the abandonment of Green Parkway right-of-way based upon positive findings with
respect to LDR Section 2.4.6(0)(5) Abandonment of Rights of Way.
Affac~ments
Location Map
Abandonment Resolution
Planning & Zoning staff report of August 18, 2003
RESOLUTION NO. $7-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DRI.RAY BE, ACH, FLORIDA, VACATING AND
ABANDONING GREEN PARKWAY RIGHT-OF-WAY,
LOCATED BETWEEN LINTON BOUI.F. VARD AND BLACK
OLIVE BOUI.F. VARD, APPROXIMATELY 900 FEET EAST OF
HOMEWOOD BOULEVARD, 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 Delray Beach, Florida, received an application for
abandonment o£ Green Parkway right-of-way, located between l.inton Boulevard and Black Olive
Boulevard, approx/mately 900 feet east of Homewood Boulevard, as more particularly described
herein; and
WHEREAS, said application for abandonment of a general public ~ght-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)0)(e), the planning and Zoning
Board, as Local planning Agency, formally reviewed the matter at a public hearing on August 18,
2003, and voted 6 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 entire area; and
WHEREAS, as a condition of the abandonment of the area described below, a hold
harmless agreement for improvements placed within a utility easement will be accepted concurrent
with the abandonment to accommodate the installation of a fence and hedge across the new
easement area as a result of said abandonment; and
WI-IEREAS, the City Comrniasion 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 re,ins and
reserves unto itself a utility easement over the en~e area thereof, as more pardo~hrly 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 fac'flities 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 FO!.!.OWS:
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 bolds to the following 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, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities
whether owned by the City or private corporations, more parfic,~h~ly described as follows:
THE RIGHT OF WAY OF GREEN PARKWAY LYING SOUTH
OF THE SOUTH RIGHT OF WAY LINE OF BLACK OLIVE
BOULEVARD AND LYING NORTH OF THE NORTH RIGHT
OF WAY LINE OF LINTON BOULEVARD (SW 12TM STREET),
THE PINES OF DI~.I.RAy 2sD SECTION, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 32,
PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
Con*.ining 6,886 square feet (0.1581 acre), more or less.
PASSED AND ADOPTED in regnlur session on this the
2003.
day of
ATI'I~ST:
MAYOR
City Clerk
Resolution No. 57-03
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
August 18, 2003
IV.E.
Abandonment of Green Parkway, Located Between Linton Boulevard and
Black Olive Boulevard, Approximately 900 Feet East of Homewood
LINTON
Boulevard Within the Pines of Delray Development.
I ~ ~t ll ~
UNTON
SQUARE
PLAZA
BOULIrVA D
GENERAL DATA:
Owner ............................. General Public
Applicant ........................ Pines of Delray Homeowners Association,
Charles Kline, President
Agent .............................. Judy Gilmore, Property Manager
Location .......................... North Side of Linton Boulevard, approximately 900' east of
Property Size ..................
Future Land Use Map .....
Current Zoning ...............
Adjacent Zoning....North:
East:
South:
West:
Existing Land Use ..........
Proposed Land Use ........
Water Service .................
Sewer Service ................
Homewood Boulevard
n/a
Medium Density (5-12 units/acre)
RM (Multiple Family Residential-Medium Density)
CBD (Central Business District)
RM
CF (Community Facilities)
RM
Improved right-of-way (recently closed)
Abandonment of right-of-way to be retained as common green
space for the community.
N/A
N/A
IV.E.
The item before the Board is that of making a recommendation to the City Commission on the
proposed abandonment of Green Parkway. Green Parkway is located on the north side of
Linton Boulevard, between Homewood Boulevard and the L.W.D.D. Canal E-4.
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0),
Abandonment of Rights-of-Way.
Green Parkway was dedicated to the public with the recordation of the pla{ of The Pines of
Delray 2nd Section (Plat Book 32, Page 43). Green Parkway is 50' in width by 127' in length
providing for two-way traffic (north-south) between Linton Boulevard and Black Olive
Boulevard and is one of six entrances to the neighborhood.
In May of 2002, the Pines of Delray Homeowners Association requested the temporary closure
of Green Parkway based upon concems with respect to vehicular traffic using Green Parkway
as a "cut-through", vandalism as result of pedestrian "cut-through" and general concern with
residents' safety exiting from Green Parkway onto Linton Boulevard.
At its meeting of June 17, 2002, the Planning and Zoning Board granted a temporary closure
of Green Parkway subject to the following conditions:
· The temporary closure be installed for a 6-month monitoring period to determine its
effectiveness and to allow for additional public comment; and,
· The acceptance of the financial responsibilities for permanent improvements upon
acceptance of the permanent closure; and,
· That irrigation and Maintenance of the new landscape improvements are the
responsibility of the Association.
At its meeting of May 19, 2003, the Planning and Zoning Board recommended to the City
Commission approval of the permanent closure of Green Parkway subject to the following
condition:
· That an abandonment application be formally submitted by the applicant prior to final
action by the City Commission.
The right-of-way proposed for abandonment measures approximately 50' wide (100' max at
flared end) by 127' in length and consists of 6,886 sq. ft. (0.1581 Acre). The abandonment
area represents one of six improved entrances into the Pines of Delray development.
The abandonment request was submitted by Mr Charles Kline, President of the Pines of
Delray Board on behalf of the Pines of Delray Neighborhood. As part of the permanent
closure and abandonment of the subject area, the City Engineer has indicated that the City will
Planning and Zoning Board Staff Report
Green Parkway Abandonment
Page 2
remove the existing street/asphalt. The Pines of Delray Neighborhood Association has agreed
to bear the costs associated with the restoration of the right-of-way to place landscaping where
the roadway currently exists and other improvements including hedging and fencing along with
its ongoing maintenance.
Pursuant to LDR Section 2.4.6(O)(1), public right-of, way may be abandoned (returned)
to the adjacent property to the same degree in which it was originally obtained, i.e.
property dedicated exclusively from a single parcel shall be returned to that parcel;
property dedicated through subdivision shall be divided at the center line and returned
equally to abutting parcels.
The entire right-of-way was dedicated from the plat of The Pines of Delray 2nd Section.
Abutting the abandonment area is Lot 1, Block 6 and Lot 1, Block 7 of the Pines of Delray 2nd
Section. By abandoning this area, the right-of-way will be divided at the center line and the
property will be returned equally to all abutting lots. Both these lots are owned by the
Homeowners Association and will be retained as common green space for the community.
Utility Services
Adelphia Cable, BellSouth, Florida Power & Light and the Florida Public Utilities Company did
not identify any facilities within the abandonment area; therefore, they have no objection to the
abandonment.
The City's Environmental Services Department (ESD) identified a 6" Force Main within the
abandonment area. A utility easement over the entire abandonment area will be retained for
this force main.
The City's Fire Department reviewed the request and has no objection to the abandonment as
long as the applicant is aware that by closing Green Parkway, response time is increased to
certain areas by approximately 0.4 miles or 40 seconds.
Pursuant to LDR Section 2.4.6(O)(5), prior to any right-of-way abandonment being approved,
the following findings must be made:
A) That there is not, nor will there be a need for the use of the right-of-way for any
public purpose.
The right-of-way proposed for abandonment is improved and was (until recently closed)
being utilized for access into the development from Linton Boulevard. The public need for
this right-of-way is minimal since it is primarily being used by the residents of the Pines of
Delray. As previously mentioned, Green Parkway serves as one of six entrances into the
development; therefore, alternative access to the community exists.
Planning and Zoning Board Staff Report
Green Pad(way Abandonment
Page 3
A 6" municipal force main has been identified within the abandonment area. The facility
will remain in its current location and a utility easement over the entire abandonment area
will be retained.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
The subject abandonment will not prevent access to any parcel, as all affected parcels will
still have pdmary access from five (5) other entrances.
C) That the abandonment will not result in detriment to the provision of access and/or
utility services to adjacent properties or the general area.
As previously mentioned, Florida Power & Light, Adelphia Cable, Florida Public Utilities
Company and BellSouth did not locate any facilities within the abandonment area. Since a
utility easement will be retained over the entire abandonment area to cover the City's
existing 6" fome main, the prevision of utility services to adjacent properties or the general
area will not be affected.
The development proposal is not within the geographical area requiring review by the CRA
(Community Redevelopment Agency, the DDA (Downtown Development Authority) or HPB
(Historic Preservation Board).
Courtesy Notices:
Courtesy notices have been provided to the following groups:
· Presidents Council
Progressive Residents of Delray (PROD)
· Spanish Wells Homeowners Association
· Abbey Delray South
· Lakeview Greens Homeowners Association
· Pines of Delray West Homeowners Association
· Pines of Delray East Homeowners Association
· Shadywoods Homeowners Association
· Crosswinds Homeowners Association
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of objection or support, if any, will be provided at the Planning and Zoning
Board meeting.
Planning and Zoning Board Staff Report
Green Parkway Abandonment
Page 4
As previously mentioned within the background section of this report, Green Parkway was
considered and recommended to be permanently closed by the Planning and Zoning Board.
After the asphalt is removed by the City and landscaping and fencing installed by the
Association, the possibility that it be reopened as a public street is unlikely. Positive findings
can be made with respect to public need, prevention of access and the provision of
access/utility services to adjacent properties or the general area.
1. Continue with direction.
2. Recommend to the City Commission approval of the abandonment subject to positive
findings with respect to LDR Section 2.4.6(0)(5).
3. Recommend to the City Commission 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 to the City Commission approval of the abandonment of Green
Parkway as dedicated on the plat of The Pines of Delray 2nd Section, based upon positive
findings with respect to LDR Section 2.4.6(0)(5), subject to the following condition:
1. That the Resolution abandoning the subject area includes language which establishes
a utility easement over the entire abandonment area; and,
2. That a Hold Harmless Agreement for Improvements Placed within a Utility Easement be
executed and accepted in conjunction with this abandonment request.
· Loca~ Map
· Reduced Survey
File: S:~plannlng&Zoning~Boards\P&Z~Gr~en Pan. ray A~andonmenLdoc
I ~ S FAIRWAYS ON TH£
LOWSON BOULEVARD
- ~ BOULEVARD
N
~ - ABANDONMENT
G~EN PAR~AY - PINES OF DE~Y
TO:
THRU:
FROM:
SUBJECT:
PAIR...~RLING, D_..[R. Fz~CTOR OF PLANNING AND ZONING
MEETING OF SEPTEMBER 9, 2003 CONSENT AGENDA*
ACCEPTANCE OF A HOLD HARMLESS AGREEMENT FOR
IMPROVEMENTS PLACED WITHIN A UTILITY EASEMENT IN ASSOCIATION
WITH GREEN PARKWAY RIGHT-OF-WAY ABANDONMENT.
At its meeting of August 18, 2003, the Planning and Zoning Board recommended approval of
the abandonment of Green Parkway. Green Parkway is dedicated on the plat of The Pines of
Delray 2nd Section which is located between Linton Boulevard and Black Olive Boulevard,
approximately 900 feet east of Homewood Boulevard. The abandonment was recommended
for approval subject to the following conditions:
1. That the Resolution abandoning the subject area includes language which establishes a
utility easement over the entire abandonment area; and,
2. That a Hold Harmless Agreement for Improvements Placed within a Utility Easement be
executed and accepted in conjunction with this abandonment request.
After the abandonment is finalized, the applicant intends to install a fence and hedge across
this new easement area. To accommodate the proposed improvements (fence and hedge), a
Hold Harmless Agreement between the applicant and the City will need to be executed. The
Hold Harmless Agreement for improvements (new fence and hedge) placed within the utility
easement is currently before the Commission for acceptance.
By motion, accept the Hold Harmless Agreement for improvements placed within the utility
easement.
Attachments:
· Hold Harmless Agreement for improvements placed within a utility easement.
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, FL
HOLD HARMLESS AGRF~F~MENT FOR
IMPROVEMENTS PLACED WITHIN A U'I~ITY EASEMENT
TI-~S HOLD HARMLESS AGREEMENT, is emered into this ~.~___~Lday of
200~_ and between the CITY OF DELRAY
by
BEACH,
FLORIDA,
(hereinafter referred to as 'CITY") and
referred to as 'OWNER").
WITNESSETH:
WHEREAS, OWNER owns property located at Delray
Beach, Florida, and has requested CITY to allow for the installation of
in a public utility easement; and
WHEREAS, OWNER agrees to hold CITY harmless for any damage which might be
caused to the ~z.)C~ I~ /'~be~,,t~ as a result of maintenance within the
public utility easement or any action brought against the CITY as a result of the
~ in the public utility easement.
NOW, TI:fR.R~'.FORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the panics hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. OWNER is the owner of property described in Exhibit ~A~, which also shows
or describes the public utility easement.
3. That OWNI~R wishes to install a(n) .1~ ~ [4~1)~;~ in the
area, as shown on Exhibit 'B', in the public utility easement pursuant to the City of Delray
Beach Code of Ordinances.
4. OWNER acknowledges that the CITY shall assume no responsibility or
maintenance for the f-rf~-.~Jc~ ~- ~4 c-4~t~, snd any improvements thereto, which
OWNER piaces within the public utility easement and that OWNER shall be responsible for
the uplceep and maintenance of such ~ ~r t~_ ~.. and associated
improvements in the public utility easement in accordance with the Code of Ordlnsm'~es of the
CITY.
5. OWNF_,R, in consideration of the mutual covenants set forth herein, agrees to
defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants
from any and all claim.% suits, causes of action or any claim whatsoever made, and damages,
which may result from the placement or existence of the ~ ~ [.'-~tl~ and
improvements in the public utility easement. OWNER further agrees to hold the CITY, its
agents, officers, employees and servants harmless for any damage to the
~ ~. [~:~ott~_~ snd associated im?rovements OWNER places within the
public utility easement. It is understood that any cost for replacement or repair of the
~._.~,~~~ and associated im?rovements sboll be the OWNER'S
responsibility, and the CITY will not be held liable for any damage to the
~'~::~ ~ '~t',~ and associated iml.,tovements as a result of any maintensnce or
construction within the public utility easement by the CITY.
2
6. All notice required or allowed by this Agreement shall be delivered in person or
mailed to the party at the following address:
CITY:
Environmental Services Director
City of Deiray Beach
434 South Swinton Avenue
D¢lray Beach, FL 37.~.~.
7. This Agreement shall be binding on the Parties, their respective heirs, successors, - -
legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm
Beach County and shall nm with the land.
8. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida. Venue for any claim or lawsuit arising out of this Agreement shall be in
Palm Beach County.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day
CITY OF DELRAY BEACH, FLORIDA
By:
and year first written above.
ATTEST:
City Clerk
Approved as to Form:
ny:
City Attorney
(Prfht Or ~ype Name)
(Print or Type Nan~e)
OWNER:
By:~
(Print or Type Name)
(SEAL)
STATE OF ~
cou,rrY
~d~,The foregoing instrument was ~cknowlegged before me this /_~__~-day of
~' - ,.200~_by ~ll~e-[¢~ ~ ~[t~.~ (.name of offieer or agent), of
~.~t]d~ O~ ~/)e/~'/~.. ~.lI0t. t/~rR' · (name of corporation), a C~g~-~/t~- (State or place of
incorporation) c~r~oration, on behalf of the corporation. He/She is personally ~.,~now1~ to me or
has produced (type of identification) as id~entifi~fion and did/did
not take an oath. ~
(SEAL)
I
4
,
RESOLUTION NO. 58-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, SUPPORTING BEACH
RENOURISHMENT PROJECTS IN COASTAL
MUNICIPALITIES IN THE STATE OF FLORIDA AND
AFFIRMING ITS WII J.INGNESS AND ABILITY TO
PROVIDE LOCAL MATCH FUNDING.
WHEREAS, beach re. nourishment is important because it provides valuable storm
protection benefits for public and private property and this property is some of the most valuable
real estate in Florida from a tax base standpoint; and
WHEREAS, beach renotmshment promotes healthy beaches vital for endangered
sea turtle nesting; and
WHEREAS, beach renoudshment promotes healthy beaches which contributes to a
healthy economy; and
WHEREAS, all beach renourishment projects are required to be economically
justified and therefore provide a positive benefits to cost ratio; and
WHEREAS, beach renourishment provides inddental recreational benefits for the
citizens and tourists of the State of Florida; and
WHEREAS, the State of Florida can facilitate beach reno-fi~hment projects by
continuing to fund these projects at a level consistent with the essential needs of coastal regions; and
WHEREAS, beach projects can be completed without environmental cl~muge or
with appropriate mitigation; and
WHEREAS, areas downdrift from inlets should receive specie! consideration for
projects mitigating inlet-cause erosion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City of Delray Beach, Florida affirms its continued support for the
ongoing beach renoutishment project.
Section 2. The City of Delray Beach, Florida affimas its willingness to continue to
serve as a local sponsor for the ongoing beach renourishment project.
Section 3. The City of De. kay Beach, Florida affirms its willingness and ability to
provide local match funding for the ongoing beach renoufishment project through its interlocal
agreement with Palm Beach County, Florida.
Section 4. The City Clerk is hereby directed to provide copies of the resolution to
Sen. Jeff Atwater, Palm Beach County League of Cities, the Florida League of Cities, and Governor
Jeb Bush.
2003.
PASSED AND ADOPTED in regular session on this the 9* day of September,
MAYOR
City Clerk
2 Res. No. 22-02
RESOLUTION NO. 59-03
.A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, SUPPORTING GOVERNMENT
USE OF FJ.ECTRONIC NOTICE PUBLICATION OF LEGAL
NOTICES AND DOCUMENTS AND NOTICES OF PUBLIC
MEETINGS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida House of Representatives, Committee on State Administration,
held heatings on August 18 and 19, 2003, in Fort Lauderdale and Tampa, Florida respectively, on
the issue _of electronic publication; and
WHEREAS, the City had representatives from the City Clerk's office and City Attorney's
office in attendance; and
WHEREAS, Chapter 286 of the Florida Statutes, better known as the Sunshine Law,
requires cities to give reasonable public notice; and
WHEREAS, the City of Dehay Beach believes that reasonable and adequate notice can be
achieved through internet publication of legally required notices, especially if the notices are also
made awilable to those without intemet access at home, by allowing access to the internet notices
on computers located in convenient locations in the community in order that the public has access
to the notices; and
WHEREAS, the City Commission of the City of De. hay Beach supports legislation that
provides for electronic access of legally required notices and documents in order to save tax payer
money now expended to publish the notices in newspapers of general circulation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Delray Beach, Florida, adopts and
incorporates, as if fully set forth herein the recitations set forth above.
Section 2. The City Commission of the City of Dekay Beach, Florida supports
legislation that would allow electronic notice publication of legal notices, documents and notices of
public meetings in lieu of publishing in a newspaper of general circulation.
Section 3. The City Manager is authorized through his designees to send this resolution
to the Legislative Committee considering the legislation and others as he deems appropriate.
Section 4. This Resolution is effective upon its passage.
PASSED AND ADOPTED this
day of
,2003.
CITY OF DRI.RAY BEACH, FLORIDA
City Clerk
MAYOR
2
RES. NO. 59-03
MEMORANDUM
TO:
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # %' ~,o
RESOLUTION NO. 60-03
MAYOR AND CITY COMMISSIONERS
- REGULAR MEETING OF SEPTEMBER 9. 2003
DATE:
SEPTEMBER 5, 2003
This is a resolution as?essing costs for abatement action required for the emergency board-up of an unsafe
structure located at 3336 Avenue Villundry.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessment remains unpaid.
Recommend approval of Resolution No. 60-03.
AgmemoEMERG.Res No 60-03
RBSOL~LYZC~ I~0. 60-03
A RESOLUTION OF ~ CXTqZ COMMISSION OF ~ CITY OF DELRAY
BEACH, FLORIDA, PURSU~tNT TO RETICLE 7.8, ~UNSAFE BUILDINGS',
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ASATEMENT ACTION REGARDING AN
UNSAFS BUILDXNG ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; S~i'~'ZNG OUT AC'rUAL COSTS ZNCU~W~ BY TH~ CITY TO
ACCOMPLISH SUCH A~ATEMENT ~ LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE
~ ~/TrEREST ASSESSMENTS; PROVIDING FOR TH~ R~CORDING OF ~IS --
~SOL~ION,-~ D~IN~ ~D ~ ~ BE A LI~ ~N ~
-S~ PROP~ ~R ~P~D ~SESS~S; PRO~DIN~ FOR ~
~LIN~ OF
~ ~, ~e.B~l~ Off,cia1 or h~s deoi~ed representative
=h~' ~Ou~= =~ ~=~c~e.7.8 ~ =he ~d ~velo~en= Re~a~to~, declared
desc~s~e~ce..o= ~ .~sa=e.bulldin~ up~ ce~atn ~oto or parcels of l~d,
· Deu .~n =ne los= a~tncned here=o ~d mdc a par~ hereof, for
of ~e b~ldtn~ c~es ~d buil~ retirements adop=ed by ~tcle 7.8 ~d
Zhose C~es ad,=ed in ~p2er 96 of the Code of ~dt~ces~ ~d,
Re ''' ~' ~,~t to ~ticle ,.8 of the ~d
~la=;ono si the City of ~lray Beach. ~e Butldin9 Officta~ or
~si~ed ~e~o~tative ha ~pected said l~d(o) ~d ha dete~ned ~t
. .~a~e ~ng~is=ed in accor~ce with ~e ,=~dards set fo=h
~c~e v.8 ~a/or c~ap=er 96 of =he Code of Or~ces, ~d did f~sh
re~pec=tve ~er(s) of ~e l~d(s) descr~d in ~e a2tached lis= with
~ten no=ice, of ~s~ buildtn~ ~d de=a~led repo~ of condi=ions ~d
=ace Zo vaca=e as ~h~ Bu~ldi~9 Official dete~ned ~h~t Zhe buildin
=~:~1~ ~,~e. ~d~._co~.~ered . ~z~d to 1,re .d ,~/c welf~e
~---_¢0. ~,~?e 7.8 o, .~e ~d ~Yel~n= Re~la,io~, debcribin~ ~he
within s~x=y (60) ~ye ~d all ~rk ~t ~ c~leted witch sU~ tim as the
~.~a~eu w~h.:u ~y ~07 ~ye zr~ ~e ~te of se~ice of ~he notice ~d
~%~e. to z~le ~ a~eal or to ~e ~e repatr~ re~tred ~h~t the Bu~ldin~
~=z~cla~ ~d ~ ~e au~ortty to ~ve ~e ~l~n~ de~li~hed fr~ the
~te of .~e said notice~ ~, ·
~, all the ~tice ~re~ts c~ta~ed ~n ~cle
bye ~eF' c~lied with; ~,
W~T~AS, neither an appeal to the Board of Construction Appeals or '
corrective action was undertaken in accordance with the order of the Chief
Buildin9 Official; therefore pura--~t to Article ?.8 of the Land Development
Be~ulations the Bu~ldin9 Official caused the abatement action to be done;
WHE~AS, the City ~nager of the City of Delray Bea=h Ires, puroua~.t
to Section ?.8.11 of the L~nd Development Re~ulatio~s of the City of Delray
Beach, subm/tted to the City C~sston a report of ~e coats ~e~n
~att~ ~id condition as aforesaid, said report ~n~cattns ~e coots _per
parcel of 2~ ~o~v~d~
WHEREAS0 the City Coemiaolon of the City of Delray Beach, pursuant
to Article ?. 8 of the Land Development Re~ulations desires to assess the cost
of said condition against said property o~ner(o).
NOW, THEREFOr, BE ZT P. ESOLVED BY ~ CITY CO~ISSION OF ~q{E CITY
OF DELRAY BEACH, FLORIDA, ~ FOLLOWS:
Section 1. That assessments ~n the amount of '-'=
ae shown by the
report of the City M-~-~er of the City of Delray a copy of wh/ch ia at~ached
hereto ~nd mdc a par~ hereof, are hereby levied a~ainst the parcel(o) of
land deocribed in said report and in the amount(a) /ndicated thereon. Said
aooaoamenta so levied shall, if not paid within thirty (30) dayo after
~ailtn9 of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel(s) of land described /n said report, of the same
~ture and to the same ~tent as the lien for general city taxes and aha11 be
collectible /n the same ,-~-~er ~nd wi~h the same penaltieo and under the same
provisions as to sale and foreclosure as City ~axea are collectib.~e.
Section 2. That much asmem~.~-ts shall ~e legal, valid ~nd bind/n~
~bltgatton_~ .u~on the property &~a~nst wh/ch said a~aensmonta are le~Led.
Section 3. %~nat the City ~lerk of the ~/ty of Delruy Beach Ks
hereby directed to ~mnediately ~ail ~ ~[~ed ~1, ~s~age prepaid,
re~ ~ece~p~ re~es~ed, ~o ~e ~er(s) of ~e pr~er~y, as such
a~earo ~ ~e ~cor~ of the Cowry T~ ~oeosor, ~ttce(o) ~t the City
~s~on of the ~ty of ~lray Bea~ ~s l~ted ~ ~ses~t aga~t said
~r~y fat ~e cost of ~t~ ~c~ ~e~ ~ t~afe bu~l~ by the
Zhi~y (30) ~ys after ~e m~l~n9 ~e of sa~d notice of assessor, after
w~ a ~ien s~11 ~ placed ~ sa~d pr~e~y, ~d ~=erest w~11 acc~e a~
Reo. No. 60-03
the rate of e~x percent (6%) per m~um, pltm rea~o~hle attorney's Zees and
other costs of collecting said sums.
Bection 4. That th.is resolutio~ shall become effective ~'h'~rty (30)
days from the date of adoption and the assessment(s) contained herein shall
become due and payable ~hlrty (30) days after the mailing date of the notice
of said assessment(s}, after which a lien shall be placed on said
property(s), and interest shall accrue at the rate of six percent (6%) per
~nnum plus reason-hie attorney's fee and other costs of collection. - -
Section $. That in the event -~-t payment has n~t been received by
the City Clerk within tl~Lrty (30) ~s after ~e m~l~ng ~te o~ ~e notice
of assessor, ~e C~ty Clerk ~ her~y ~rected to record a cert~fied
of t~s resolutt~ ~ ~e p~l~c zecor~ of Palm Bea~ ~ty, Flori~, ~d
~ the date ~d ti~ of ~ecor~n9 of the cert~fied copy of ~h~s resolution
a lien shall ~c~ effective ~ the s~ect property which s~l se~e ~e
coat of ~atemen=, interest at the rate of 6%, ~ collection costs includin~
a reaso~le atto~ey's fee.
P~S~ ~ ~ ~n re.ar session ~ ~s ~e , 2003.
MAYOR
City Clerk
No. 60-03
· CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO:
DELTA FUNDING HOME EQUITY LOAN TR 2000-1
MAILING ADDRESS:
909 HIDDEN RIDGE DRIVE, SUITE 200, IRVING, TX 7~038
PROPERTY ADDRESS:
3336 AVENUE VILLANDRY~ DELRAY BEACH~ FL 33445
LEGAL DESCRIPTION: LOT 17, BLOCK 1, CHATELAINE ACCORDING TO PLAT
BOOK 29, PAGE 94 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised that a cost of $1~704.34 by resolution of the City Commission of the
City of Delray Beach, Florida, dated ,2003 has been levied against the
above described property.
The costs were incurred as a result of an abatement action regarding the above described
property. You were given notice on 6/24/03 that the Chief Building official had
determined that a building/structure located on the above described property was unsafe.
You were advised in that notice of the action that would be taken to remedy that unsafe
condition and that the action would be initiated by the city if you failed to act.
__ X__You failed to appeal the decision of the chief Building Official to the Board
of Construction Appeals although you were informed of your right to an appeal and of
the procedures for obtaining an appeal. You have also failed to take the corrective action
required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on . The Board of Construction
upheld the decision of the Chief Building Official.
Res. No. 60-03
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on 7/03/03 at a cost of $1,704.34
which includes a ten percent (10%) administrative fee. If you fail to pay this cost within
thirty (30) days, that cost plus additional administrative and recording costs shall be
recorded_in the official Records of Palm Beach County, Florida against the above
described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COIVEVIISSION
City Clerk
5 Res. No. 60-03
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF SEPTEMBER 9, 2003
SERVICE AUTHORIZATION #17.1/MATHEWS CONSULTING. INC.
DATE:
SEPTEMBER 5, 2003
This is before the City Commission to approve Service Authorization #17.1 with Mathews
Consulting, Inc. in the amount of $18,000.00 for the design of intersection improvements at West
Atlantic Avenue and N.W. 24th Avenue.
Funding is available from 334-6120-519-31.90 (Other Professional Services).
Recommend approval of Service Authorization #17.1 with Mathews Consulting, Inc. for the design
of intersection improvements at West Atlantic Avenue and N.W. 24th Avenue.
&\City Clerk\agenda memos\ServiceAuth.# 17.1 Mathews.9.9.03
www, MyDelrayBeach.com
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, P.E. pc/.z.~
20 Aug 2003
W Atlantic & NE 24th Ave
Intersection Improvements & Signalization
Service Authorization for Design Services
Project #2002-03.3
The attached agenda request is for Commission authorization/approval for Mayor to
execute service authorization #17.1 with Mathews Consulting, Inc., for the design of
intersection improvements at West Atlantic Avenue and NW 24th Avenue. These
improvements include the addition of a left turn lane for east bound traffic and the
addition of a right turn lane for west bound traffic.
We are in the process of working with Palm Beach County Traffic in regards to the new
signalization at this intersection.
The attached map shows the location of this project.
Total Cost of Service Authorization = $18,000.00
Funding will be provided from account #334-6120-519-31.90.
Please place this item on the 09 Sep 2003 Commission Agenda.
Thanks!
Eric
cc: file
S:~EngAdmin~Projects~OO2t2OO2-OO3.3~OFFIClALt2OO3sep02 agenda memo. doc
Date: 21 Aug 2003
AGENDAITEM NUMBER:~
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda Workshop Agenda Special Agenda
When: 09 Sep 2003
Description of Agenda Item (who, what, where, how much):
Request for Commission authorization/approval for Mayor to execute service
authorization #17.1 with Mathews Consulting, Inc., for the design of intersection
improvements at West Atlantic Avenue and NW 24th Avenue. These improvements
include the addition of a left turn lane for east bound traffic and the addition of a right
turn lane for west bound traffic. Total Cost of Service Authorization = $18,000.00.
Funding will be provided from account #334-6120-519-31.90.
Staff Recommendation: Am~mval
Department Head Signature:~C~(~--~- !
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~ / No Initials:
Account Number 334-6120-519-31.90
Description ~
Account Balance: $18,000.00 (after transfer)
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2002\2002-003.3\OFFICIAL\2003sep02 agenda.doc
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO.
CITY P.O. NO.
CITY PROJECT NO.
18 FOR CONSULTING SERVICES
CITY EXPENSE CODE:
2002-003.~ ~ MATHEWS CONSULT. PROJECT NO. 1209
TITLE: West Atlantic Avenue Turn Lanes for New Atlantic High School
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the Contract.
TITLE: Agreement for General Consulting Engineering Services
Il.
PROJECT DESCRIPTION
The project consists of providing preliminary design, final design, permitting and bidding
services for the proposed Eastbound left turn lane and Westbound right turn lane with
bicycle lane on West Atlantic Avenue between the LWDD E-4 Canal and Homewood
Blvd. The preliminary and final design services will include the creation of a "T"
configuration intersection, which will accommodate signalization, at the intersection of
NW 24th Avenue and West Atlantic Avenue. All proposed roadway improvements are
for the future development of the new Delray Beach High School.
The scope of this Service Authorization does not include any traffic studies or
signalization design. Signalization design is to be provided by the Palm Beach County
Traffic Department. Traffic studies have been completed by the Palm Beach County
School Board.
SCOPE OF SERVICES
Phase I - Study and Report Phase
Not Applicable
1209 engsvc contract REVISED 08/18/03 1
Phase II - Preliminar~ Design Phase
Consultant shall provide preliminary design phase services in accordance with Article
III.B of the Agreement for Engineering Services with the City, dated June 2, 1999.
1. Consultant shall visit the site to review the existing conditions and facilities and to
take the necessary field measurements for design purposes.
2. Consultant shall review all available record documents provided by the City of
Delray Beach.
3. Consultant shall coordinate with utility agencies to collect record information
which includes reconciling discrepancies between record information and existing
field-verification information.
Phase III - Final Design Phase
Consultant shall provide final design phase services in accordance with Article III.C of
the Agreement for Engineering Services with the City, dated June 2, 1999.
Consultant shall prepare construction drawings which shall include: cover sheet,
general notes, demolition/utility relocation plan drawings, paving, grading and
drainage plan drawings, pavement marking plan drawings and detail sheets
conforming to the requirements of the current Florida Department of
Transportation Minimum Construction Standards. The drawing scale shall be 1"
= 20' for plan drawings. Consultant shall prepare the engineering design
elements on topographic survey information with Autocad 2000 . Consultant
shall prepare a storm water pollution prevention plan (SWPPP) as necessary for
Florida Department of Transportation permitting requirements.
Consultant shall prepare contract documents consisting of "front-end" documents
and technical specifications shall conform to Florida Department of
Transportation or City of Delray Beach Standards.
Consultant shall coordinate with the Florida Department of Transportation in
order to design the proposed roadway improvements in accordance with the
requirements and design standards of the Department.
Drawings and specifications (two copies) shall be submitted for City review at
60% and 90% stages. Consultant shall meet with the City to discuss comments,
and incorporate comments into final documents.
Consultant shall furnish with the 100% design drawings, one (1) mylar set and
one (1) set of Autocad 2000 files in electronic format.
1209 engsvc contract REVISED 08/18/03 2
At the 60% and 90% stages, Consultant shall prepare a detailed opinion of
probable construction cost. The cost opinion shall reflect changes in general
scope, extent or character of design requirements incorporated during the various
design review stages.
Phase IV - Bidding/Negotiation Phase
Consultant shall assist City in advertising for and obtaining bids or negotiating
proposals for construction (including materials, equipment and labor). It is
anticipated that work shall be awarded under a single construction contract.
Consultant shall provide 20 sets of bidding documents to the City to issue bid
package. The City shall receive and process deposits for bidding documents and
shall maintain a record of prospective bidders to whom bidding documents have
been issued.
Consultant shall attend pre-bid conference and provide a written summary of
issues discussed.
Consultant shall issue addenda and shall provide supplemental information or
clarification, as appropriate, to interpret, clarify, or expand the bidding documents
to all prospective bidders during the bid period.
Consultant shall attend the bid opening, prepare bid tabulation sheets and assist
City in evaluating bids and proposals to award the contract for construction.
Consultant shall submit to City a written recommendation concerning contract
award.
Consultant shall format drawings, contract and specifications into drawing web
format and portable document format as required for the DemandStar interact
bidding service.
Phase V - Construction Administration Phase
Upon completion of the final design phase, the Consultant shall submit Addendum No. 1
to this service authorization for approval of fees for construction phase services to be
provided in accordance with Section III-E of the Agreement with the City.
1209 engsvc contract REVISED 08/18/03 3
Other - Permitting
At the outset of the Design Phase the Consultant shall meet with the appropriate permitting
agencies to determine potential permitting requirements. Agencies anticipated to have
jurisdiction over the project include: Florida Department of Transportation.
Permit applications shall be completed for the Florida Department of Transportation. Associated
permit application fees shall be determined by the Consultant and paid by City.
It is assumed that no other permits will be required.
Other - Geotechnical
Consultant shall furnish the services of a professional geotechnical engineer to provide
subsurface investigations of the project area that will include:
1. Perform to three (3) standard penetration test (SPT) borings to an average depth
of fifteen (15) feet. Three (3) total test borings.
2. Evaluate field data collected and provide geotechnical engineering evaluation
report for mm lane roadway pavement section construction.
Other - Survey
MC shall furnish the services of a professional surveyor to provide survey services consisting of
field topography and horizontal locations referenced by baseline stationing. All existing
facilities and utilities within the full right-of-way of the established construction limits will be
referenced by the baseline station with an offset distance (left or right) from the baseline for the
project and will include the following:
A. Topography survey at 50-foot and 100-foot intervals to depict existing ground profile at
proposed project area. This shall be accomplished by creating a baseline in the field to
collect pertinent data which shall include the following:
Location of all visible fixed improvements within the right-of-way of the project
limits, including physical objects, roadway pavement, driveways, sidewalks, curb,
trees, signs, fences, power poles, buildings, bulkhead, and other encumbrances,
including point of curvature and point of tangency.
2. Location of all known above and below ground existing utilities: FP&L,
BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire
hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary
Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and
clean-outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch
basins, and dm/grate elevations), and all other accessible structures.
1209 engsvc contxact I~EVISED 08/18/03 4
This will include coordination with Sunshine.
Identify platted rights-of-way (including bearing and distances for centerline), lot
numbers, house address, ownership lines (per property tax information provided by
City), block numbers and dedicated easements.
Elevations shall be indicated every 100 feet, at a minimum, along Southern most
Edge of Pavement between the LWDD E-4 Canal and the West end of the existing
Coral Trace Boulevard left mm lane. Elevations shall be indicated every 50 feet
along the North and South Edge of Pavement of the interior landscape island
between the LWDD E-4 Canal and the West end of the existing Coral Trace
Boulevard left mm lane. Elevations shall be indicated every 50 feet along the
Northern most edge of Pavement between the LWDD E-4 Canal and the
westbound right mm lane to Coral Trace Boulevard. Topographic survey shall be
provided for NW 24th Avenue 100 feet North of the North right-of-way line of
West Atlantic Avenue. Topographic survey shall be provided for 25 feet North of
the Northern most edge of pavement of West Atlantic Avenue from the LWDD E-
4 Canal to NW 24th Avenue. Topographic cross sections are to be provided 50 feet
on center across West Atlantic Avenue at the intersection of West Atlantic Avenue
and NW 24t~ Avenue. Inlet and invert grades shall be indicated on all drainage
inlets within the survey limits.
Provide and reference benchmarks at maximum 600-foot intervals. Elevations to
be referenced to an existing established City or County Benchmark.
ASSUMPTIONS
The City shall provide all available record drawings and documentation.
The City shall pay all permit fees.
The City shall pay all Florida Power and Light, BellSouth, and Adelphia Cable, or
other agency fees for utility relocations as may be required.
The City shall notify and coordinate with all utility agencies for facilities that will
require relocation to accommodate the proposed roadway improvements.
The City shall coordinate with Palm Beach County Traffic Division for
signalization design of proposed intersection.
The City shall coordinate with Parks and Recreation Department and City Staff
for modification to landscape and irrigation system in median of West Atlantic
Avenue.
1209 engsvc contract REVISED 08/18/03 5
ADDITIONAL SERVICES
Consultant shall provide additional engineering services relating to the provision of surveying,
geotechnical, sanitary, water, reclaimed water, drainage, and structural improvements to the
project area that are not covered under this Service Authorization. These additional services may
be required due to uncertainties discovered during survey, soils, investigations, field verification
of existing facilities and conditions, and potential property or easement acquisitions.
Services performed under this task will be on as-directed basis in accordance with a written
Notice-to-Proceed fi:om the City Manager. The Notice-to-Proceed issued shall contain the
following information and requirements.
· A detailed description of the work to be undertaken.
· A budget establishing the mount of the fee to be paid in accordance with the
Agreement.
· A time established for completion of the work.
III. TIME OF PERFORMANCE
The completion dates for this work will be as follows (starting at written notice-to-proceed).
Engineering Services
Time per Phase
Phase II- Preliminary Design{' 6 weeks
Phase III - Final Design 4 weeks
Permitting 4 weeks
Phase IV - Bidding 4 weeks
Cumulative Time
6 weeks
10 weeks
14 weeks
18 weeks
Survey and Geotechnical Testing will be completed during Phase II Time Period.
1209 engsvc contract REV/SED 08/18/03 6
IV. COMPENSATION
The compensation for services provided shall be billed on an hourly basis plus reimbursable
expenses for each phase of work in accordance with Article VII, Method II, up to the following
not to exceed cost for each phase.
Engineering Services
Estimated Fees
Phase II - Preliminary Design
Phase III - Final Design Phase
Phase IV - Biddin. g Phase
Permitting
Geotechnical
Utility Locating
Surveying
Out-of-Pocket Expenses
Additional Services
$ 1,000.00
$ 6,000.00
$ 2,000.00
$ 1,500.00
$ 2,250.00
$ 600.00
$ 3,850.00
$ 800.000)
$ 5,000.00.
TOTAL PROJECT COST
$ 18,000.00a)
Notes:
(I)Out-of-Pocket Expenses include the following: printing/reproduction and postage.
(2)Total project cost does not include the $5,000 for Additional Services (if authorized by the City).
1209 engsvc contract REVISED 08/18/03 7
This Service Authorization is approved contingent upon the City's acceptance of and satisfaction
of the completion of the services rendered in the previous phase whereas encompassed by the
previous Service Authorization. If the City in its sole discretion is unsatisfied with the services
provided in the previous phase or Service Authorization, the City may terminate the comract
without incurring any further liability. The Consultant may not commence work on and Service
Authorization approved by the City to be included as part of the contract without any further
notice to proceed.
Approve by:
CITY OF DELRAY BEACH:
MATHEWS CONSULTING, INC.
Date:
Jeff Perlman, Mayor
Date:
Attest:
Approved as to Legal Sufficiency
and Form
dr~j[* ~ Commt~,o~ ccoI,447s
~'~' E,~ire~ Fet)'uary28, 2004
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument ~was
acknowledged before me this/d~:~ay
of ,/-~q~-~ 2003 by David L.
Mathews, Vice President of
Mathews Consulting, Inc., a Florida
corporation, on behalf of the
corporation. H~e/She is . (personally
known to me) or (has produced
'identification), Florida Driver's
License
and (did/did not) take an oath.
1209 engsvc contract REVISED 08/18/03 8
I~l] (~ CITY of DELRAY BEACH II w. ATLANTIC & NW 24TH ST.
ENVIRONMENTAL 8ERVIOE8 DEPARTMENT LOCATION MAP
DA~:8/6/03
1 OF1
(1) Depadmental Une Transfer
(3) Inteffund/Interdepadmental Transfer
City of Delray Beach
Budget Transfer Form
(2} Date 8/25/2003
(4) Batch Number
(5) Requested By: Randal L. Krejcarek, P.E., City Engineer gm
PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION [8) TRANSFER OUT (9) TRANSFER IN
334-6120-519-63.90 other improvements 11800
334-6] 20-5] 0-3] .90 other professional svcs. 11800
(10) TOTAl. 1 ] 800 11800
JUSTIFICATION:
Fo execute service authoriztion #17.1 with Mathews Consulting, Inc. for improvements at West Atlantic
Ave & NW 24th Ave. and for the addition of a left turn lane for east bound traffice and a right turn
Iurn lane for west bound traffic.
9xcel:budget/projec~t,,2002-003.3/$18,000.00 mathews
Finance Director City Manager
(11) Budget Revision Date
(13) Period
ORIGINAL-BUDGET
CANARY-FILE
(12) Control Number
(14) Count
PINK-DEPARTMENT
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM: j~l)~ CITY MANAGER
SUBJECT: AGENDA ITEM #~2~- - REGULAR MEETING OF SEPTEMBER 9, 2003
SERVICE AUTHORIZATION #11/CH2MHILL
DATE:
SEPTEMBER 5, 2003
This is before the City Commission to approve Service Authorization #11 with CH2MHill in the total
amount of $28,784.00 for professional engineering services for the Aquifer Storage and Recovery Well
Rehabilitation Project.
Funding is available from 441-5122-536-31.30 (Engineering/Architectural).
Recommend approval of Service Authorization #11 with CH2MHill for professional engineering
services for the Aquifer Storage and Recovery Well Rehabilitation Project.
S:\City Clerk\agenda mem~ \,%rvice Auth.# 11C H2MHilI.9.9.03
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, ~~
Deputy Director of P~-121~ih'ties
September 2, 2003
Aquifer Storage and Recovery (ASR) Rehabilitation
Project Nnraber 2003-014
www. mFdelraFbeach.com
Attached is an Agenda Request and related information for Service Authorization No. 11 to
CH2MH1LL for professional engineering services related to the subject project. CH2MHILL
recently completed the scope of work outlined in Service Authorization No. 9 which included
evaluation and review of investigative data obtained by Aquifer Maintenance and Performance,
Inc. As part of this Service Authorization a technical memorandum was prepared which included
a summary and conclusions section as well as a recommendation section (see attached). Service
Authorization 11 represents the next step in the ASR Rehabilitation. Services include design,
permitting and bidding of the proposed rehabilitation work. The total amount of Service
Authorization No. 11 is $28,784.00 and funding is available l~om Account #441-5122-536-31.30
Engineering / Architectural (budget transfer is attached).
Please place this item on the September 9, 2003 Agenda for consideration by City Commission.
CC:
Richard C. Hasko, P.E., Director of Environmental Services
John Bullard, Manager of Water Treatment Plant
City Clerk
Agenda File
S:~EngAdmin~Projects~2003~2003 -014\OFFICIAL~Agenda memo090203.doc
DRAFT
tNVES]IGATION AND EVALUATION OF THE C~'Y OF OELRAY ~cAC~S NTJIFER STORAG~ AND RECOV~'RY ~
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Pump and Motor Survey
In addition to the investigative work conducted on the ASR well by AMPS, a survey of the
pumps and motors being used by other water utilities in Florida for ASR or Floridan aquifer
water supply wells was conducted. The purpose of the survey was to assess if there was a
generally preferred pump and motor setup on these wells, and obtain input on their overall
performance. Exhibit 4 depicts the results of the survey and reveals that there does not
appear to be any obvious generally accepted pump and motor configuration. An exception
was Grundfos, where at Gasparilla Island the pump failed and in Palm Beach County
Grundfos apparently did not honor their warranty.
Summary and Conclusions
The City of Delray Beach's ASR well has shown during cycle testing that it can provide the
City with a tool to effectively manage its water supply. Unfortunately, because of pump and
motor failures following the cyde testing and the apparent presence of sand, the City has
been unable to operate it as they intended. Thus, the City contracted with AMPS to conduct
some investigative work to determine the source of the sand and assess the condition of the
well. In addition, the City contracted with CH2M HILL to oversee some of the work
conducted by AMPS and provide recommendations for improvements to the well and
replacement pump and motor.
Results of AMPS' investigative work revealed that the well may have been slightly plugged
with a bacteriological slime and that sand content increased as withdrawal rates from the
well increased. Also, their work revealed that air lift development was successful in re-
moving much of the bacteriological growth and that specific capacities actually increased
from when it was originally constructed and subsequently acidized.
Based on review of the pumps and motors on Floridan aquifer supply and ASR wells used
by other utilities throughout Florida, it appears that the only issue appeared to be with
Grundfos, and thus, the City may want to avoid this make in the future.
Recommendations
Based on the information in this TM and a follow-up meeting the City held with AMPS and
CH2M HILL, it appears that the best approach is for the City to develop a set of technical
specifications addressing the following:
· Well rehabilitation-performance specification for development, jetting, acidization (if
needed), etc. Performance would be based on both spedfic capacity and sand content.
· Interim specific capacity testing to judge the performance of the rehabilitation work.
· Purchase, installation, and testing of a new pump and motor based on the final test
results - several pumps and motors will be specified with the intention of allowIng the
City to make the final selection. Final selection would be based on cost and submittals
provided for each of the pumps and motor makes listed.
OFB31003666866.DOC~03125~
Service Authorization No. 11 to the
Agreement to Furnish Professional Services
Dated July 6, 1999, Between the City of Delray
Beach, Florida and CH2M HILL, Inc.
City P.O. Number: City Project Number
Title: Aquifer Storage and Recovery Well Rehabilitation and Improvements
Category of Work: Professional Engineering Services - Design, Permitting and Bidding
General
This SERVICE AUTHORIZATION shall modify the professional service agreement
referenced above and shall become part of that AGREEMENT as if written there in full.
Changes in the indicated Scope of Services will be subject to renegotiation and implemented
through an Amendment to this agreement.
Introduction
The City of Delray Beach (CITY) completed construction and successful operational testing
of an Aquifer Storage and Recovery (ASR) well at the City's North Storage Reservoir and
was released for service on November 20, 2001. Subsequent to the completion of the testing,
the City encountered difficulties with the pump and motor. After several attempts to correct
the problems, the CITY contracted with Aquifer Maintenance and Performance Systems
(AMPS) to investigate the apparent cause and make recommendations for corrective action.
In addition, the CITY authorized CH2M HILL to conduct limited oversight of the work
being performed by AMPS, review the data and information gathered by AMPS, and their
recommendations for corrective action. In May 2003, CH2M HILL submitted a Technical
Memorandum to the City that outlined the worked performed by AMPS and a
recommended course of action which included:
· ASR well rehabilitation - performance specifications for development, jetting,
acidization (if needed), etc. Performance metrics would be based on both specific
capacity and sand content.
· Interim specific capacity testing to judge the performance of the rehabilitation work.
· Purchase, installation, and testing of a new pump and motor based on the final test
results - several pumps and motors will be specified with the intention of allowing the
City to make final selection. Final selection will be based on cost and submittals
provided for each of the pump and motor makes listed.
· Wellhead improvements as needed.
CH2MHILL SERVICE ^UTH/032380~02 1
· Startup and testing of the pump, motor, instrumentation
· Limited cycle-testing
This Service Authorization provides a scope of work, schedule and cost for providing
design, permitting and bidding services associated with the above-recommended
construction. Construction services and cycle-testing support services will be provided
under a separate authorization.
Scope of Services
The following describes the scope of services included in this Service Authorization.
Task 1 - Design Services
This task will cover the services associated with preliminary and final design, including
preparation of drawings and specifications and final production of the Contract Documents
for purposes of bidding (Task 3).
Task 1.1 -Design Kickoff and Site Visit
CH2M HILL will conduct a kickoff meeting with key CITY staff to review the proposed
design and construction and to solicit input from the CITY on the proposed rehabilitation of
the ASR well. A site visit will follow the meeting to review the well facility and determine
what improvements, besides those mentioned above, will need to be included in the
detailed design. CH2M HILL will prepare a summary of the meeting and the site visit and
distribute to the CITY for review and comment. Upon the City's review, CH2M HILL will
incorporate the comments, revise the summary and re-distribute. It is anticipated that four
copies of the draft and final summary will be provided to the City.
Task 1.2 - 60.Percent Design
CH2M HILL will prepare design documents, including 11' X 17" drawings and
specifications, and will submit to the CITY for review. It is anticipated that the following
drawings will be prepared:
· Cover and location map
· Legends and standard detail sheets
· Site drawing
· Well plan and profile and modifications to wellhead
In addition, specifications from Divisions I - General Requirements, 2 - Site Work, 9 -
Finishes, 11 - Equipment, and 15 - Mechanical will be developed and included in the
contract documents. It is not anticipated that any other division will be required. Four of the
copies will be provided to the CITY.
Following the CITY's review of the 60-percent design documents, a review meeting will be
held with the CITY to discuss comments and suggested changes to the drawings and
specifications. Following the meeting, CH2M HILL will provide a summary of the meeting
and comments and forward four copies to the CITY for review. Upon the CITY's review of
the summary, CH2M HILL will incorporate the CITY's comments into the summary and re-
distribute.
CH2MHILL SERVICE AUTH/~32380002 2
Task 1.3 - Final Design
CH2M HILL will incorporate the comments from the CITY on the 60-percent design
documents and prepare a final set of documents for the CITY's review. Four copies will be
provided to the CITY.
Following the CITY's review of the final design documents, a review meeting will be held
with the CITY to discuss comments and suggested changes to the drawings and specifica-
t-ions. Following the meeting, CH2M HILL will provide a summary of the meeting and
forward four copies to the CITY for review. Upon the CITY's review of the summary,
CH2M HILL will incorporate the CITY's comments into the summary and re-distribute.
Also, CH2M HILL will incorporate the CITY's comments into the design documents and
prepare them for final reproduction and bidding.
Task 2 - Permitting Services
The ASR well facility is regulated by both the Pall Beach County Health Department and
the Florida Department of Environmental Protection (FDEP). No action is required with the
PBCHD except for disinfection and bacteriological testing prior to placing the well back in
service. FDEP, however, must notified of the proposed changes to the ASR well facility
before the work can be completed. CH2M HILL will prepare a minor modification of the
construction permit with FDEP and request permission to make the changes included in the
design documents produced above. It is anticipated that upon completion of the final design
documents, that copies of the specifications and drawings will be provided to FDEP along
with the application.
This task assumes that the minor modification request will be granted by FDEP and that
only one Request for Information (RFI) will be issued by FDEP. Additional requests for
information or if a major modification is required, an amendment to this Service
Authorization would be required.
Task 3 - Bid Phase Services
CH2M HILL will prepare a Drawing and Specification's package for bidding purposes and
will reproduce and distribute construction bid documents or solicitation of quotes to
prospective bidders, on behalf of the CITY.
CFI2M HILL will attend one Pre-Bid meeting and issue meeting minutes summarizing
topics of discussion and responding to significant Bidder questions. All communications
with bidders on matters related to technical aspects of the ASR well facility rehabilitation
and improvements will be coordinated by CH2M HILL. All correspondence on these
matters will be copied to the CITY.
CH2M HILL will issue addenda, if required, based upon the questions of prospective
bidders and the need to clarify the intent of the Contract Documents.
CH2M HILL will review the bids received for accuracy and completeness and prepare Bid
Tabulation for review by the CITY. Following the CITY's review, CH2M HILL will issue a
Recommendation of Award letter to the CITY.
CH2M HILL will produce a total of six copies of conformed construction documents. This
will include the selected Contractor's Bid, all Addenda, Payment and Performance Bond
CH2MHILL SERVICE AUTH/032380002 3
and Certificates of Insurance. The conformed construction documents will be issued to the
CITY and Contractor for signature and execution. Upon signature and execution, two copies
will be issued to the Contractor, two copies will be issued to the CITY, and two copies will
be issued to CH2M HILL.
CH2M HILL shall provide one electronic copy of conformed contract documents and
drawings to the CITY.
Bid services will be considered complete upon CH2M HILL's review and providing the
Contractor's executed documents and conformed contract documents to the CITY.
Task 4- Construction Services
Construction and associated resident observation services shall be provided under a
separate Service Authorization.
Schedule
CH2M HILL will commence work on the Scope of Services described herein upon receipt of
a fully executed copy of this Specific Authorization from the CITY, which will serve as the
notice to proceed.
It is estimated that services described herein will be completed within approximately
18 weeks from the date of notice to proceed. The following summarizes the proposed
schedule.
Time of Completion (weeks from date of notice to proceed [NTP])
Task Start Finish
Task 1 -Design Services
Task 2 -Permitting Services
Task 3 - Bid Phase Services
Week 1 Week 4
Week 1 Week 12
Week 12 Week 18
Assumptions
The services described herein are based upon the assumptions stated in the Scope of
Services and below. If conditions differ from those assumed, in a manner that will
substantially affect schedule or scope of work, CH2M HILL will advise the CITY in writing
of the magnitude of the required adjustments. The following assumptions were made in
development of the scope of work.
· Site/civil drawings will be based upon record drawings in-house with CH2M HILL.
Potential conflicts identified during the kickoff meeting and site visit will be confirmed
by the CITY.
Electrical, instrumentation and control and other specialty design are not included in
this Service Authorization, but will be provided, if needed, as part of the Construction
Services.
CH2MHILL SERVICE AUTH.32380002 4
Obligations of the City
The CITY will provide available information that will assist CH2M HILL to successfully
complete this scope of services described herein, which include, but are not limited to the
following:
· Provide existing equipment catalog information, operation and maintenance manuals
and record drawings.
· Provide payment for all regulatory agency permit fees associated with the project.
· Provide additional record drawings, previous surveys, utility drawings, easement
drawings, or other information to assist in the identification and location of
underground utilities and piping as needed.
· Perform excavations, as required, to identify locations of buried pipes and utilities that
may pose a conflict to the new facilities.
· The CITY will review all materials throughout the design of this project within ten
working days.
Additional Services
CH2M HILL will, as directed, provide additional services that are related to the project, but
not included within this Scope of Work. These and other services can be provided, if desired
by the CITY, under separate task orders or amendments to this task order. Work will begin
for the Additional Services after receipt of a written notice to proceed from the CITY.
Additional services may include:
· Services during construction
· Resident observation and start up services
· Cycle testing and preparation of reports following the construction as required by FDEP.
Each Notice to Proceed shall contain a description of the work to be undertaken, a budget
establishing the amount of additional fee to be paid to CH2M HILL and a time established
to complete the work. The CITY reserves the right to add or delete tasks at the CITY's
discretion.
Deliverables
CFI2M HILL will provide the following deliverables to the CITY:
· Three sets of 60-Percent and Final Design Drawings and Specifications
· Two sets of conformed Construction Documents.
· One electronic copy of the corfformed contract documents and drawings.
· Four copies of the FDEP minor modification to the construction permit
CH2MHILL SERVICE AUTH/O32380{X)2 5
Compensation to CH2M HILL
Compensation for professional consulting engineering services as described herein is
estimated at $28,784. Compensation for services shall be lump sum in accordance with
Article VII.A.1 of the AGREEMENT. Exhibit A attached presents a breakdown of the
estimated labor and expense charges per the Agreement.
This service authorization is approved contingent upon the CITY's acceptance of and
satisfaction with the completion of the services rendered in the previous phase or as
encompassed by the previous service authorization. If the CITY in its sole discretion is
unsatisfied with the services provided in the previous phase or service authorization, the
CITY may terminate the contract without incurring any further liability. CH2M HILL may
not commence work on any service authorization approved by the CITY to be included as
part of the contract without a further notice to proceed.
Approved by:
CITY OF DELRAY BEACH: CH2M HILL, INC. (Corporate Seal)
Date:
Jeff Perlman
Mayor
Attest:
Approved as to Legal Sufficiency and
Form
Bevin Beaudet, P.E. (date)
Vice President and Area Manager
Witness
Witness
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was
acknowledged before me this th day
of.__ 2003, by Bevin Beaudet, Vice
President and Area Manager, CH2M HILL,
Inc., a Florida corporation, on behalf of the
corporation. He is personally known to me
and (did/did not) take an oath.
Dorothy Gumm
Notary Public
State of Florida
(Seal)
CH2MHILL SERVICE AUTH,)32380002 6
No.
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
AGENDA REQUEST
Agenda Item ~
Date: September 2, 2003
When: September 9, 2003
Description of item (who, what, where, how much): Staff requests Commission approval of Service
Authorization No. 11 to CH2MH1LL for professional services relating to the Aquifer Storage & Recovery
Well Rehabilitation Proiect. The total amount of Service Authorization No. 11 is $28,784.00 and funding is
available from Account # 441-5122-536-31.30, Engineering / Architectural.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization No. 11 for CH2MH1LL in the
amount of $28,784.00.~
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (reql~ed on all items irlvglving expenditure of funds):
Funding available~_~NO
F~ding alt~atives (/" (if applicable)
Acco~t No. & Descfipfi~ ~l - f /~ - f Jg -JL~o
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S :~EngAdmin'ff'roj ect s~ 003 ~ O034) 14\OFFlCIAL'~AgendaReq - 090203.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
~CITY MANAGER
AGENDA ITEM # "~3~. REGULAR MEETING OF SEPTEMBER 9. 2003
CHANGE ORDER NO. 1/FINAL PAYMENT/REPUBLIC
CONSTRUCTION AND DEVELOPMENT CORPORATION, INC,
SEPTEMBER 5, 2003
This is before the City Commission to approve Change Order No. 1 in the net deduct mount of
$955.36, and final payment in the amount of $3,991.93 to Republic Construction and Development
Corporation, Inc. for the Beach Lifeguard Towers Phase I Project.
Funding is available from 334-6112-519-62.14 (General Construction Fund/Beach Towers).
Recommend approval of Change Order No. 1 and final payment to Republic Construction and
Development Corporation, Inc. for the Beach Lifeguard Towers Phase I Project.
S:\City Clerk\agenda memos\Final Payment. Republic.9.9.03
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
DAVID HARDEN, Ci~n~ager
VICTOR MAJTENY ,I~CC~nstruction Manager
BEACH LIFEGUARD TOWER, PHASE I (P/N 99-042)
SEPTEMBER 2, 2003
www.mydelraybeach.cotn
Attached is an Agenda Request for City Commission to approve a net deduct Change Order #1/
Final, in the amount of $955.36, and final payment in the amount of $3,991.93 to Republic
Construction and Development Corporation for completion of the Beach Lifeguard Towers Phase
I (towers S-3 and S-5), project (PN 99-042). All changes for the project are itemized on the
attached Exhibit A to Change Order #1, Final.
The project is complete and all warranty documentation has been received. Staff recommends
the City Commission approve Change Order #1/Final in the amount of -$955.36 and final
payment in the amount of $3,991.93 to Republic Construction and Development Corporation
for the completion of the Beach Lifeguard Towers Phase I project.
Residual funds to be liquidated from P.O.# 606618, account 334-6112-519-62.14, General
Construction Fund/Beach Towers. A Contractor Evaluation is also attached.
cc:
Richard Hasko; Director of ESD
Rafael Ballestero; Dep. Director of Construction
Joe Weldon; Director of Parks and Recreation
Rich Connell; Assistant Dir. of Parks and Recreation
City Clerk's Office
Agenda File 9/09/03
File 99-042(A)
S :~EngAdminh°rojects\1999\99-042\CONSTRC'I~Agd mere CO 1 Fin 09.09.03.doc
CHANGE NO.
PROJECT TITLE:
TO CONTRACTOR:
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
l(Final) PROJECT NO. 99-042 DATE:
Beach Lifeguard Towers Phase I
Republic Construction & Development Corporation
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION
Complete changes to project per the attached schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT DECREASE THIS CHANGE ORDER 1.18 %
TOTAL PER CENT DECREASE TO DATE 1.18 %
$80,794.00
$o.oo
$80,794.00
-$955.36
$79,838.64
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.
Republic Construction & Development Corporation
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account 334-6112-519-62.14 (-$955.36).
DEPARTMENT FUNDING CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
APPROVED:
By:
ATTEST:
By:
Mayor
City Attorney City Clerk
S:~EngAdmin~rojects\1999\99-042\CONSTRCTxCOl Final doc -09.09.03.doc
EXHIBIT "A"
Lifeguard Tower Replacement Structures, Phs I
Prj 99-042
Change Order #11Final, Summary
Owner
Unforeseen A/E Design Requested
Item # Description Conditions Revisions Revisions
COR 1 Additional dumpster redelivery charge and $ 447.54
storage container fee; due to stopping and
restarting project.
COR 2 Trimming and removal of seagrapes in dune $ 546.21
area; to accommodate new location of S-5.
COR 3 Cut intermediate aluminum post, fabicate $ 233.10
and install aluminum caps, two ea; sight
obstruction.
COR 4.1 Furnish & install stainless additional steel $ 633.42
straps at windows per Bdlg Dept.
COR 4.2 Furnish & install plywood sheathing & 30# $ 2,419.62
felt to exterior walls; manufactures
COR 4.3 Relocate aluminum posts at stairs to $ 224.7~'
accommodate proper stair widths per code.
COR 5 Furnish and install trim to interior side of $ 1,495.01
widows and corners.
COR 6 Landscaping; restoration planting of sea- $ 2,704.0(:
oats to disturbed areas; allowance item.
COR 8 Furnish and install finish trim to perimeter of $ 341.0(
deck; punchlist item.
Contingency
Allowance
Landscaping Allowance ($5,000.00)1 ,
Total of Changes
Total
$ 3,277.79 i_$. ~__3_,?_6_2_._8~ ....... $~6,340.64
$2,704.00 i $2,704.00
$9,044.64
Net Change Order #1 ($955.36)
AGENDA REQUEST
Agendaltem No.~'~
Date:Se~ember2,2003
Request to be placed on:
X
__ Regular Agenda
__ Special Agenda
__ Workshop Agenda
When: September 9, 2003
Description of item (who, what, where, how much): Attached is an Agenda Request for City
Commission to approve net deduct Change Order #1, Final in the amount of $955.36, and final payment in
the amount of $3,991.93 to Republic Construction and Development Corporation for completion of the
Beach Lifeguard Towers Phase I, project (PN 99-042). All changes for the project are itemized on the
attached Exhibit A to Change Order #1/Final.
Residual funds to be liquidated from P.O#606618 to account 334-6112-519-62.14, General Construction
Fund/Beach Towers.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends the City Commission approve Change Order #1/Final and Final
Payment to Republic Constructiorv~ Develop.m. ant Corp~)rption/-7
Department head signature: (/~ "(~; ~ - ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable):
Account No. & Description See Above
Account Balance ,~ ~/~,, / ¢,_~,.~ '¢,5 ~ ¢ .'~,/~/~ '; ?'74.M2,
City Manager Review: .~f;'-.,/2~,r¢~
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\1999\99-042\CONSTRC'r~Agd req CO I Fin 09.09,03.doc
[ITY OF DELRrI¥ BErlCH
CITY ATTORNEY'S OFFICE 2°° Nw 1. st AYENUE- DELRA¥ BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
August 20, 2003
TO:
FROM:
City Co~~
Brian Shutt, Assistant City Attorney
SUBJECT: Agreement with Palm Beach County on S.W. Area Phase 2 Proiect
The attached agreement provides that Palm Beach County shall provide funding to
the City for the Southwest Area Improvement Phase 2 Project in an amount not to
exceed $206,000.00. The Southwest Area Improvement Phase 2 Project involves
improvements to S.W. 9th and 8th Streets, S.W. 5th, 6th, and 7th Avenues and S.W.
9th Court.
The City shall initially pay for the costs of this project and then seek
reimbursement from Palm Beach County.
By copy of this memo to David Harden, our office requests that this item be placed
on the September 9, 2003 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D
U M
TO:
FROM:
DATE:
RE:
Brian Shutt
Randal L Krejcarek, P.E.
29 July 2003
SW Area Phase 2
Agreement w/PBCo
Project #200'1-047
Earlier this month I sent you an agreement with Palm Beach County in which the
County was contributing $206,000.00 to the above referenced project. This contribution
by the County will enable the City to free up $206,000.00 that will be applied to the
proposed improvements at Plumosa Elementary School Park.
I have enclosed a location map indicating which streets are included in this County
contribution.
Thank you!
enc
cc Richard Hasko, P.E.
Joe Safford
file
S.'~EngAdmin~Projects~2001~OO1-O47~LETTERS~plumosa parkO2, doc
RECEIVED
JUl. 3 0 Z003
CITY ATI'ORNEY
INTERLOCAL AGREEMENT
BETINEEN PALM BEACH COUNTY AND
THE CITY OF DELRAY BEACH
FOR SOUTH~NEST AREA
IMPROVEMENTS PHASE II
THIS INTERLOCAL AGREEMENT is made and entered into this day of
,2003, by and between PALM BEACH COUNTY, a political subdivision
of the State of Florida, hereinafter roferred to as "COUNTY", and the CITY OF DELRAY
BEACH, a municipal corporation of the State of Florida, hereinafter, "CITY".
WITNESSETH:
WHEREAS, the CITY is undertaking certain phase II construction improvements to
Southwest Area Streets, within CITY limits hereinafter referred to as 'IMPROVEMENTS'
and
WHEREAS, the IMPROVEMENTS consist of asphalt overlay, curb, gutter, sidewalk
~avement marking, signage and associated censb'uction for Southwest 9~ and 8t~ Streets
Southwest 5a, 6~' and 7a Avenues and Southwest 9t~ Court within CITY limits; and
WHEREAS, the COUNTY believes that these efforts by the CITY serve a public
purpose in the enhancement of the appearance of the streets and wishes to support the
CITY's efforts to install the IMPROVEMENTS by providing reimbursement funding for the
documented cost of the IMPROVEMENTS in an amount not to exceed 'nNO HUNDRED
AND SIX THOUSAND DOLLARS ($206,000.00); and
WHEREAS, after inslallation, the CITY will be responsible for the perpetual
maintenance of the IMPROVEMENTS; and
WHEREAS, the COUNTY and CITY are authorized to enter into this Agreement
)ursuant to Section 163.01, Florida Statutes, which permits local government units to make
the most efficient use of their powers by enabling them to cooperate with other
governmental entities on a basis of mutual advantage.
NOW THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, the parties agree as follows:
1. The above recitals are tree, correct and are incorporated herein.
2. The COUNTY agrees to provide to the CITY reimbursement funding
for documented cost of the IMPROVEMENTS in an amount not to exceed TWO
Page I of 7
HUNDRED AND SIX THOUSAND DOLLARS ($206,000.00).
3. The COUNTY agrees to reimburse the CITY the amount established in
paragraph 2 for costs (material and labor) associated with installation of the
IMPROVEMENTS, upon the CITY's ~ubmission of acceptable documentation needed to
substantiate their costs for the IMPROVEMENTS. The COUNTY will use its best efforts
to provide said funds to the CITY on a reimbursement basis within forty-five days (45) days
of receipt of all information required in Paragreph 6, below.
4. The COUNTY's obligation is limited to its payment obligation and shall have
no obligation to any other person or entity.
5. The CITY agrees to assume all responsibility for design, bidding,
contract preparation, and contrsct administration for the installation of the
IMPROVEMENTS, including payment(s) to contractor(s) pursuant to all applicable
governmental laws and regulations.
6. The CITY will obtain or provide all labor and materials necessary for the
installation of the IMPROVEMENTS. The CITY shall fumish to the COUNTY's
representative a request for payment supported by the following:
A Contract Payment Request Form and a Contractual Services Purchases
Schedule Form, attached hereto and incorporated herein as Exhibit
(Pages 1 and 2), which are required for each and every reimbursement to
the CITY. Said information shall list each invoice payable by the CITY and
shall include the vendor invoice number, invoice date, and the amount
payable by the CITY. The CITY shall attach a copy of each vendor invoice
paid by the CITY along with a copy of the respective check and shall make
reference thereof to the applicable item listed on the Contractual Services
Purshases Schedule Form. Further, the Program Administrator and the
Program Financial Officer for the CITY shall also certify that each invoice
listed on the Contractual Services Pumhases Schedule Form was paid by
the CITY as indicated.
7. As it relates to this Agreement, the COUNTY may initiate a financial systems
analysis and/or an internal fiscal contrel evaluation of the CITY by an independent auditing
Page 2 of 7
firm employed by the COUNTY or by the County Intemal Audit Department at any time the
COUNTY deems necessary.
8. The CITY agrees to be responsible for the perpetual maintenance of the
IMPROVEMENTS following the installation and shall be solely responsible fur obtaining
and complying with all necessary permits, approvals, and authorizations from any federal,
state, regional or COUNTY agency which are required for the subsequent maintenance of
the IMPROVEMENTS.
9. All installation of these IMPROVEMENTS shall be completed and final
invoices submitted to the COUNTY no later than September 30, 2004, and the COUNTY
shall have no obligation to the CITY or any other entity or person fur any cost incurred
thereafter unless the time for completion is extended by modification of this Agreement.
10. The CITY recognizes that it is an independent contractor, and not an
agent or servant of the COUNTY or its Board of County Commissioners. In the event a
claim or lawsuit is brought against the COUNTY, its officers, employees, servants or
agents, relating to the IMPROVEMENTS or any item which is the responsibility of the CITY,
the CITY hereby agrees to indemnify, save and hold harmless the COUNTY, its officers,
employees, servants or agents, and to defend said persons from any such claims,
liabilities, causes of action and judgements of any type whatsoever adsing out of or relating
to the existence of the IMPROVEMENTS orthe performance by the CITY as may relate
to this Agreement. The CITY agrees to pay all costs, attorney's fees and expenses
incurred by the COUNTY, its officers, employees, servants or agents in connection with
such claims, liabilities or suits except as may be incurred due to the negligence of the
COUNTY.
11. The CITY shall, at all times during the term of this Agreement (the
installation of the IMPROVEMENTS), maintain its status as an insured incorporation.
12, As provided in F.S. 287.132-133, by entering into this Agreement
or performing any work in furtherance hereof, the CITY certifies that its affiliates, suppliers,
sub-contractors, and consultants who perform work hereunder, have not been placed on
the convicted vendor list maintained by the State of Florida Department of Management
Services within 36 months immediately preceding the date hereof, This notice is required
Page 3 of 7
by F.S, 287.133(3)(a).
13. The CITY shall require each contractor engaged by the CITY for
work associated with this Agreement to maintain:
a. Workers' Compensation coverage in accordance with Florida Statutes,
and;
b. Commemial General Liability coverage, including vehicle coverage, in
combined single limits of not less than ONE MILLION DOLLARS
($1,000,000.00). The COUNTY shall be included in the coverage as an
additional insured.
c. A payment and performance bond for the total amount of the
IMPROVEMEN?S in accordance with Florida Statute 255.05
14. In the event of termination, the CITY shall not be relieved of liability to
the COUNTY for damages sustained by the COUNTY by virtue of any breach of the
contract by the CITY; and the COUNTY may withhold any payment to the CITY for the
purpose of set-off until such time as the exact amount of damages due the COUNTY is
determined.
15. The CITY's termination of this Agreement shall result in all obligations of the
COUNTY for funding contemplated herein to be cancelled.
16. The COUNTY and CITY agree that no person shall, on the grounds of
race, color, national origin, sexual orientation, religion or creed, sex, age, or handicap be
discriminated against in performance of the Agreement.
17. In the event that any section, paragraph, sentence, clause or prevision
hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this Agreement and the same shall remain in full rome and effect.
18. All notices raquirad to be given under this Agreement shall be in wdting,
and deemed sufficient to each party when sent by United States Mail, postage paid, to
the following: ~
Engineering and Public Works Department
Tanya N. McConnell, P.E.
Deputy County Engineer
P.O. Box 21229
West Palm Beach, Florida 33416
Page 4 of 7
AS TO THE VILLAGE
City of Delra¥ Beach
Mr. Randall Krelcarek, City Engineer
100 NW First Avenue
Delray Beach, Florida 33444
19. This Agreement shall be construed and governed by the laws of the State
of Florida. Any and all legal action necessary to enforce this Agreement shall be held in
Palm Beach County. No remedy herein conferred upon any party is intended to be
exclusive of any other remedy, and each and every other remedy shall be cumulative and
shall be in addition to every other remedy given hereunder or now or hereafter existing at
law or in equity or by statute or otherwise. No single or pertial exercise by any party of any
dght, power, or remedy shall preclude any other or further exercise thereof.
20. Any costs or expenses (including reasonable attorney's fees) associated
with the enforcement of the terms and conditions of this Agreement shall be borne by the
respective parties; provided, however, that this clause pertains only to the parties to the
Agreement.
21. Except as expressly permitted herein to the contrary, no modification,
amendment, or alteration in the terms or conditions contained herein shall be effective
unless contained in a written document executed with the same formality and equality of
dignity herewith.
22. Each party agrees to abide by all laws, orders, rules and regulations and the
CITY will comply with all applicable governmental codes in placement of the
IMPROVEMENTS,
23. The COUNTY shall not be deemed to assume any liability for the negligent
or wrongful acls, or omissions of the other party (or parties). Nothing contained herein
shall be construed as a waiver, by any of the parties, of the liability limits established in
Section 768.28, Florida Statutes.
24. The CITY shall promptly notify the COIJNTY of any lawsutl-related
complaint, or cause of action threatened or commenced against it which arises out of or
relates, in any manner, to the performance of this Agreement.
Page 5 of 7
25. The parties expressly covenant and agree that in the event any of the parties
is in default of its obligations under this Agreement, the parties not in default shall provide
to the defaulting party thirty (30) days written notice before exercising any of their rights.
26. The preparation of this Agreement has been a joint effort of the parties, and
the resulting document shall not, solely as a matter of judicial constraint, be construed
more severely against one of the parties than the other.
27. This Agreement represents the entire undemtanding among the parties, and
supercedes all other negotiations, representations, or agreements, either written or oral,
relating to this Agreement.
28. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in
and for Palm Beach County, Flodda.
29. This Agreement shall take affect upon execution and the effective date shall
be the date of execution.
REMAINDER OF PAGE LEFT BLANK
Page 6 ot' 7
IN WITNESS WHEREOF, the parties have executed this Agreement and it is
effective on the date first above written.
CITY OF DELRAY BEACH
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:.
Mayor
ATTEST:
By:
Secretary
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Chair
ATTEST:
DOROTHY H. WILKEN, CLERK
By:
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Date:
City Attorney
By:
Assistant County Attorney
Date:
APPROVED AS TO TERMS
AND CONDITIONS
By:
Date:
Page 7 of 7
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
~c$~ITY MANAGER
AGENDA ITEM # xl~['' - REGULAR MEETING OF SEPTEMBER 9, 2003
GRANT AWARDS FOR HOUSING REHABILITATION CONTRACT
SEPTEMBER 5, 2003
This is before the Commission to consider approval of the following housing rehabilitation
contracts:
· $13,314.00 to South Florida Construction for 244 S.W. 5~h Avenue
· $12,967.50 to Preston Construction for 338 N. W. 12th Avenue
Funding for the total amount of $26,281.50 for these grants is available from 118-1924-554-49.19
(State Housing Initiatives Partnership (SHIP) Program/Housing Rehabilitation).
Recommend approval of the housing rehabilitation grant/contract awards as outlined above.
S:\City Clerk\agenda memos\SHIP Housing Rehab Award.9.9.03
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David Harden, City Manager
Kendra W. Graham, C. D. Administrator
Lula Butler, Community Improvement Director
August 27, 2003
Community Development Division Housing Rehabilitation Grant Award
ITEM BEFORE THE COMMISSION
Approval is requested for two (2) Housing Rehabilitation grant awards to the lowest responsive
bidders. This request is in accordance with the City's Community Development Division's
approved Policies and Procedures.
BACKGROUND
The grant awards are based on the actual cost of the rehabilitation, as determined by the low
responsive bidder, plus a 5% contingency. The contingency may be used for change orders and
all unused funds will remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community Improvement's Building Inspection
and Community Development Division. Contracts are executed between the building contractor
and the property owner. The City remains the agent and this office monitors all work performed
by the contractor, ensuring compliance according to specifications and program guidelines. Pay
request forms require both contractor and homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies and Procedures.
The rehabilitation activities will bring the homes to minimum code requirements by repairing the
roof, electric and plumbing systems and correcting other incipient code violations. Detailed
work write-ups and individual case files are available for review in the Community Development
Division Office.
The Community Development Division is responsible for ensuring that the housing
rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid
process. Therefore, an in-house policy was created to limit awards to the lowest responsible
bidder as it relates to the Division's professional in-house estimate. This serves to disqualify
unreasonably low bids and therefore protect against the resulting change order requests. This
policy further assists the Division with its goals of completing each rehabilitation activity
utilizing the estimated amount of funding required.
RECOMMENDATION
Staff recommends awarding the bid for two (2) Housing Rehabilitation projects to the verified
responsible low bidders and authorize awards in the following amounts:
Case Number Address Contractor
Grant Amount
01-007 HR 244 SW 5th Avenue South Florida Construction $13,314.00
00-048 HR 338 NW 12th Avenue Preston Construction $12,967.50
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION#: 2003-51SH
APPLICANT: Lillie Trice
PROJECT ADDRESS: 338 NW 12th Avenue
DATE OF BID LETTERS: July 17~ 2003
DATE OF BID OPENING: July 31~ 2003
NAME OF CONTRACTORS
ABISSET CORPORATION
ALPHA SOUTH CONSTRUCTION
CRAFTSMAN PLUS, INC.
DANIEL MORGAN
HENRY L. HAYWOOD
PRESTON CONSTRUCTION
SOUTH FLORIDA CONSTRUCTION
HORIZON ROOFING
PETITO ROOFING
WRIGHTS WAY ROOFING
AMOUNT OF BIDS
$ 13,015.00
$
$ 12,475.00
$ 13,355.00
$ 12,555.00
$ 12~350.00
$ 13,310.00
$
IN-HOUSE ESTIMATE $ 1L266.66
CONTRACTOR AWARDED CONTRACT: Preston Construction
BID/CONTRACT AMOUNT: $12~350.00 + 617.50 (5% Contingency) = 12~967.50
FUNDING SOURCE: SHIP(State Housing Initiatives Partnership) Funded Rehabilitation
Account No. 118-1924-554-49.19
COMMENTS:
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: . 2003-51 SH
APPLICANT: Jephtha Christie
PROJECT ADDRESS: 244 SW 5Ca Avenue
DATE OF BID LETTERS: July 17~ 2003
DATE OF BID OPENING: July 31~ 2003
NAME OF CONTRACTORS
ABISSET CORPORATION
ALPHA SOUTH CONSTRUCTION
CRAFTSMAN PLUS, INC.
DANIEL MORGAN
HENRY L. HAYWOOD
PRESTON CONSTRUCTION
SOUTH FLORIDA CONSTRUCTION
HORIZON ROOFING
PETITO ROOFING
WRIGHTS WAY ROOFING
AMOUNT OF BIDS
$
$
$ 18,500.00
$ 14~540.00
$
$ 14~250.00
$ 12~680.00
$
IN-HOUSE ESTIMATE $ 12~920.87
CONTRACTOR AWARDED CONTRACT: South Florida Construction
BID/CONTRACT AMOUNT: $12~680.00 + 634.00 (5% Contingency) = 13~314.00
FUNDING SOURCE: SHIP(State Housing Initiatives Partnership) Funded Rehabilitation
Account No. 118-1924-554-49.19
COMMENTS:
Agenda Item No.: ~L
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
Special Agenda
__ Workshop Agenda
__ Consent Agenda
Date: August 27, 2003
When: September 9, 2003
Description of item: (who, what, where, how much):
Case Number Address Contractor
Grant Amount
01-007 HR
00-048 HR
244 SW 5th Avenue South Florida Construction $13,314.00
338 NW 12th Avenue Preston Construction $12,967.50
ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO
Recommendation:
Staff recommends approval of two (2) State Housing Initiative Parmership (SHIP) Housing
Rehabilitation Grants and Contract awards from Account 118-1924-554-49.19 in the amounts
listed above for a total award of $26,281.50.
SHIPTotal: $26,281.50 Account Number: 118-1924-554.49.19
Department Head Signature: r_./~/~~-'~'~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~/NO
Funding Alternatives: (if app, lic0ble)~,
Account No. & Description: ]JR- ]q~t/,~t/.dfl[,/q ,.5/~Jff fTO~t3~l~
Account Balance:
City Manager Review:
Approved for Agenda:
U3yo
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
rlTY DF BELAI:IY BEACH
DELRAY BEACH
Ali-America City
1993
2001
TO:
~00 NW lstAVENUE
MEM O DUM
David T. Harden
City Manager
DELRAY BEACH, FLORIDA 33444
FROM: [h~ Robert A. Barcinski
I'/ Assistant City Manager
DATE:
September 2, 2003
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING
SEPTEMBER 9~ 2003 PROPOSED FY 2004 MAXIMUM RATES -
LAKEVIEW GOLF COURSE
ACTION
City Commission is requested to approve proposed maximum rates proposed for FY 2004
for the Delray Beach Lakeview Golf Course.
BACKGROUND
Attached is the proposed rate schedule for the Lakeview Golf Course along with a rate
comparison for other like golf courses. No changes are proposed for next year. Fees
proposed are in line with other comparable courses. This item was reviewed with City
Commission at the August 25th workshop meeting. This course is price sensitive and I
concur with the recommendation not to raise fees next year.
RECOMMENDATION
Staff recommends approval of proposed maximum rates for FY 2004 for thc Dclray
Beach Lakcvicw Golf Course.
RAB/tas
561/243-7000
File.'u:sweeney/agenda
Doc:2004 rates lakeview golf course meeting 0900903
EFFORT ALWAYS MATTERS
· ~ o~ 0
SOUTH PALM BEACH - AREA GOLF COURSES
PRICES/RATES 2002-2003
DATE AM-PM DOWNTIME Lakeview
RIDE 18 HOLES
12/21/02 - 4/20/03
Resident $29.00
Non-Resident $31.00
Boca Exec.
Madna Lakes Sherwood
$27.95 $29.68 $26.50
$27.95 $29.68 $26.50
4/21/03 - 11/14/03
Resident $13.00 $15.50 $14.84 $24.50 *
Non-Resident $14.00 $15.50 $14.84 $24.50 *
WALK 18 HOLES
12/21/02 - 4/20/03
Resident $19.25 $18.95 $14.84 No Walk
Non-Resident $22.00 $18.95 $14.84 No Walk
4/21/03 - 11/14/03
Resident $10.00 $13.25 $14.84 No Walk
Non-Resident $11.00 $13,25 $14.84 No Walk
All Rates Include Tax
*The rates for Sherwood will go down but as of April 9, 2003, they had not yet been established.
£1T¥ DF DELRI:I¥ BEI £H
p E~L~,AY, BEA~H~
Ali-America City
1993
2001
TO:
100 N W 1st AVENUE
MF IO 'qDUN
David T. Harden
City Manager
FROM: n~ Robert A. Barcinski
r Assistant City Manager
DELRAY BEACH, FLORIDA 33444
DATE:
September 2, 2003
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING
SEPTEMBER 9~ 2003 PROPOSED FY 2004MAXIMUM RATES -
MUNICIPAL GOLF COURSE
ACTION
City Commission is requested to approve proposed maximum rates for FY 2004 for the
Delray Beach Municipal Golf Course.
BA CKGR 0 UND
Attached is the proposed rate schedule for the municipal course along with a rate
comparison with other municipal courses. Increases in rates are proposed for prepaid
green fees, cart fees, daily greens fees, range balls, and charity cards. Rate increases for
prepaid fees average about 3.0% overall. Other golf rate increases range from 0% to
4.2% and are based on market conditions. Golf fees, except for prepaid green fees, are in
line with other golf courses. This item was reviewed with City Commission at August
25th workshop meeting.
RECOMMENDATION
Staff recommends approval of proposed maximum rates for FY 2004 for thc Municipal
Golf Course.
RAB/tas
561/243-7000
Fi&:u.'sweeney/agenda
Doc, 2004 rates municipalgolfcourse meeting 090903
Tile EFFORT ALWAYS MATTERS
GOLF COURSE SURVEY
MUNICIPAL GOLF COURSE
(ALL RATES ARE BEFORE TAX)
Phone ff483-6278 Phone #742-6507 Phone f~582-2019Phone ~691-3433
2002-2003 2002-2003 2002-2003 2002-2003 2002-2003 2003-2004
NAME OF COURSE BOCA BOYNTON WEST PALM NORTH PALM PALM BEACH DELRAY
MUNICIPAL MUNICIPAL BEACH BEACH GARDENS BEACH
PERMIT SINGLE RES. 750.0C 60{] 8t6.00 1107.00 920.0{~ 1055.00
SINGLE NON RES. 1151.00' NIA 1080.00 1820.00 1100.0C 2055.00
FAMILY RES. 1230.00 NIA NIA 1714.00 1415.0C 1650.00
FAMILY NON RES. 1833.00 NIA NIA 2934.00 1580.1~ 2600.00
RANGE BALLS 2.83/4.25 3.77 4.72 1.89/7.55 2.83/4.72 5.19
PULL CARTS 3.50 2.3~ 3.77 NIA 3.3~ 3.54
CART FEE SEASON
18 HOLE RES. 19.00 16.04 13.00 17.00 11.00~ 14.62
18 HOLE NON RES. 23.50 12.2E 13.00 17.00 16.00~ 14.62
GREEN FEE SEASON
12/21 - 4/13
18 HOLE RES. 41.00 36.7~ 36.00 43.00 35.00 20.42
18 HOLE NON RES. 55.65 25.47 36.00 66.00 40.00 39.29
APRIL, NOV. - DEC.
18 HOLE RES. 43.50 18.87 t2~6/33.96 17.45 21.23 17.59
18 HOLE NON RES. 52.50 18.87 12.26/34.20 35.14 27.83 27.97
CART FEE OFF SEASON
18 HOLE RES. 15.50 12.09 13.00 14.15 15.09 13.21
18 HOLE NON RES. 19.50 9.43 13.00 14.15 12,26 13.21
GREEN FEE OFF SEASON
18 HOLE RES. 26.50 20.7.= 10.00 26.42 0.43 5.79
18 HOLE NON RES, 33.00 12.26 10.00 26.42 13.21 10.51
~ ;ERS SEASON
1~..-4/13
9 HOLE RES. 21.00 11.3~ 14.00 13.54 12.00 11.32
9 HOLE NON RES. 25.00 15.57 26.00 24.06 12.00 25.47
APRIL, NOV. - DEC.
9 HOLE RES. 22.50 11,~. 30.75 11.32 7.08 9.43
9 HOLE NON RES. 25.00 tl.79 29.25 21.70 8.73 t3~1
WALKERS OFF SEASON
9 HOLE RES. 12.50 7.55 11.56 8.02 6.60 5.18
9 HOLE NON RES. 15.25 7.55 11.56 11.32 8.49 8.96
CAPITAL
IMPROVEMENT FUND N/A 0.47 3.00 1.00 NIA 1,75
9 HOLE PERMIT
WALKER - ALL YEAR 0.00 0.00 2.83 1.00 2.36 1.75
BAG STORAGE 66,04 70,75 75,00 75.47 N/A 00.00
CHARITY CARD RATE 21.00 N/A 20.00 25.00 22.00 22.17
COMBINED RATE * RIDING
JAN - MARCH RES. 38.68 36.79 49.00 43.00 36.79 36.79
NON RES. 49.54 37.73 39.00 66.00 44.34 55.66
NOV., DEC., & APRIL RES. 38.68 36.79 49.00 31.60 36.79 33.96
NON RES. 49.54 36.79 N/A 49.29 44.34 44.34
MAY - OCT. RES. 25.00 20.75 23,00 25.00 21.70 20.75
NON RES. 33.50 21.69 N/A 33.00 25.47 25.47
u:~ouente~,,~y.xl8 G Sh~tl
rlT,t OF DELHI:IV BERTH
DELRAY BEACH
Ali-America C~
1993
200I
TO:
100 NW lstAVENUE
MEMORANDUM
David T. Harden
City Manager
DELRAY BEACH. FLORIDA 33444
FROM: h~)Robert A. Barcinski
~' Assistant City Manager
DATE:
September 2, 2003
SUBJECT:
AGENDA CITY COMMISSION MEETING SEPTEMBER 9, 2003
PROPOSED MAXIMUM RATES FY 04 - TENNIS FACILITIES
561/243-7000
Action
City Commission is requested to approve proposed maximum rates for the Tennis
Facilities for FY 2004,
Back,qround
Attached are proposed maximum rate increases for Tennis Facilities for FY 04. No
increase is proposed for court fees. Proposed rate increases for membership range
from 0% to 4.4%. All rate increases proposed are based on market conditions.
Attached are copies of the proposed rate changes and rate comparisons with other
facilities. This item was reviewed by City Commission at the August 25t' workshop
meeting.
Recommendation
Staff recommends approval of proposed maximum rates for the Tennis Facilities for FY
2004.
RAB:tas
File:u:$weeney/agenda
Doc: 2004 rates tennis facilities meeting 090903
THE EFFORT ALWAYS MATTERS
4/9/03
DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2003-2004
PROPOSED MAXIMUM MEMBEESHIP RATES
TYPE OF ANNUAL MEMBERSHIP (1011103-9130104):
EXISTING
PROPOSED
RESIDENT
SINGLE $ 275.00 $ 285.00
FAMILY $ 415.00 $ 430.00
JUNIOR $ 50.00 $ 50.00
HIGHLAND BEACH RESIDENT
SINGLE $ 375.00 $ 390.00
FAMILY $ 525.00 $ 545.00
JUNIOR $ 75.00 $ 75.00
NON-RESIDENT
SINGLE $ 475.00 $ 495.00
FAMILY $ 650.00 $ 675.00
JUNIOR $ 100.00 $ 100.00
.% INCREA~SE
3.6%
3.6%
0.0%
4.0%
3.8%
0.0%
42%
3.8%
0,0%
TYPE OF SUMMER MEMBERSHIP (511104.9130104):
EXISTING
PROPOSED
RESIDENT
SINGLE $ 115.00 $ 120.00
FAMILY $ 180.00 $ 185.00
JUNIOR $ 35.00 $ 35.00
HIGHLAND BEACH RESIDENT
SINGLE $ 150.00 $ 155.00
FAMILY $ 225.00 $ 235.00
JUNIOR $ 45.00 $ 45.00
NON-RESIDENT
SINGLE $ 185.00 $ 190.00
FAMILY $ 265.00 $ 275.00
JUNIOR $ 55.00 $ 55.00
% INCREASE
4.3%
2.8%
0.0%
3.3%
4.4%
0.0%
2.7%
3.8%
0.0%
NOTE: MEMBERSHIP PATES LISTED ABOVE DO NOT INCLUDE 6% FLORIDA
SALES TAX.
FAMILY = HUSBAND, WIFE AND CHILDREN EITHER UNDER THE AGE OF 18 OR UNDER THE
AGE OF 21 AND ATTENDING SCHOOL ON A FULL-TIME BASIS.
LCB, Tc rates, 03-04
DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2003-2004
PROPOSED MAXIMUM DAILY RATES
COURT FEES - CLAY COURTS (PER PERSON)
COURT TIMES:
MORNING/EVENING
COURT TIMES:
AFTERNOON
NOV. 1 - APRIL 30
EXISTING PROPOSED
CITY RESIDENTS
ADULTS $7.75 $7.75
JUNIORS $5.00 $5.00
COUNTY RESIDENTS
ADULTS $9.75 $9.75
JUNIORS $7.00 $7.00
NON-RESIDENTS
ADULTS $13.00 $13.00
JUNIORS $9.00 $9.00
INCREASE
EXISTING PROPOSED. % INCREASE
0.00% $6.00 $6.00 0.00%
0.00% $3.50 $3.50 0.00%
0.00% $7.50 $7.50 0.00%
0.00% $4.50 $4.50 0.00%
0.00% $9.50 $9.50 0.00%
0.00% $6.50 $6.50 0.00%
MAY 1 - OCT. 31 EXISTING PROPOSED % INCREASE
CITY RESIDENTS
ADULTS $7.25 $7.25 0.00%
JUNIORS $3.50 $3.50 0.00%
COUNTY RESIDENTS
ADULTS $8.75 $8.75 0.00%
JUNIORS $5.00 $5.00 0.00%
NON-RESIDENTS
ADULTS $11.25 $11.25 0.00%
JUNIORS $7.25 $7.25 0.00%
EXISTING PROPOSED % INCREASE
$5.50 $5.50 0.00%
$2.50 $2.50 0.00%
$6.50 $6.50 0.00%
$3.50 $3.50 0.00%
$8.00 $8.00 0.00%
$5.00 $5.00 0.00%
ALL PRICES INCLUDE 6% FLORIDA SALES TAX
LCB, TC RATES03-O4. ClayCo~rts ~
DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2003-2004
PROPOSED MAXIMUM DAILY RATES
COURT FEES - HARD COURTS (PER PERSON)
COURT TIMES:
MORNING/EVENING
COURT TIMES:
AFTERNOON
NOV. 1 - APRIL 30
EXISTING PROPOSED % INCREASE
EXISTING PROPOSED % INCREASE
CITY RESIDENTS
ADULTS $5.00 $5.00 0.00% $4.00 $4.00 0.00%
JUNIORS $3.00 $3.00 0.00% $2.50 $2.50 0.00%
COUNTY RESIDENTS
ADULTS $6.00 $6.00 0.00% $5.00 $5.00 0.00%
JUNIORS $3.00 $3.00 0.00% $3.00 $3.00 0.00%
NON-RESIDENTS
ADULTS $7.00 $7.00 0.00% $6.00 $6.00 0.{)0%
JUNIORS $4.00 $4.00 0.00% $3.50 $3.50 0.00%
MAY 1 -OCT. 31 EXISTING PROPOSED % INCREASE
CITY RESIDENTS
ADULTS $2.50 $2.50 0.00%
JUNIORS $0.00 $0.00 0.00%
COUNTY RESIDENTS
ADULTS $3.50 $3.50 0.00%
JUNIORS $2.00 $2.00 0.00%
NON-RESIDENTS
ADULTS $4.00 $4.00 0.00%
JUNIORS $2.50 $2.50 0.00%
EXISTING PROPOSED % INCREASE
$2.50 $2.50 0.00%
$0.00 $0.00 0.00%
$3.50 $3.50 0.00%
$2.00 $2.00 0.00%
$4.00 $4.00 0.00%
$2.50 $2.50 0.00%
ALL PRICES INCLUDE 6% FLORIDA SALES TAX
LCB, TC RATES 03-04, Hard Couds
DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2003-2004
PROPOSED MAXIMUM MISCELLANEOUS RATES
EXISTING PROPOSED. % INCREASE
LIGHTS (1 1/2 HOURS) $4.72 $4.72 0.0%
LOCKER RENTAL (MONTHLY) $10.00 $10,00 0.0%
LOCKER RENTAL (YEARLY) $30.00 $30.00 0,0%
BALL MACHINE RENTAL
(PER HOUR) $10. O0 $10.00 0.0%
RACQUET RENTAL $5.00 $5.00 0.0%
MISCELLANEOUS RATES DO NOT INCLUDE 6% FLORIDA SALES TAX
PRIVATE LESSON RATES:
EXISTING
PROPOSED
% INCREASE[
ONE-HALF HOUR:
MEMBERS
COUNTY RESIDENTS
NON-RESIDENTS
JUNIORS
$30.00 $31.00 3,3%
$35.00 $37.00 5.7%
$38.00 $40.00 5,3%
$25.00 $26.00 4.0%
ONE HOUR:
MEMBERS
COUNTY RESIDENTS
NON-RESIDENTS
JUNIORS
$54.00 $55.00 1.9%
$60.00 $62.00 3.3%
$70.00 $72.00 2.9%
$42.00 $43.00 2.4%
LCB, TC RATES 03-04, Misc Rates
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~1 CITY MANAGER
SUBJECT: AGENDA ITEM # ~ P - REGULAR MEETING OF SEPTEMBER 9. 2003
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: SEPTEMBER 5, 2003
Attached is the Report of Appealable Land Use Items for the period August 4, 2003 through August
15, 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.
S:\City Clerk\chevelle folder\agenda memos\apagmerrt9.9.03
TO:
THRU:
FROM:
SUBJECT:
JASMIN A ,
MEETING OF SEPTEMBER 9, 2003 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS AUGUST 18, 2003 THRU
SEPTEMBER 5, 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 August 18, 2003 through September 5, 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.
Approved (6 to 0, Joseph Pike absent), a master plan modification associated with an
internal adjustment to reduce the required rear yard setback within Pelican Harbor,
Phase II, located south of Tropic Isle Drive at the northwest corner of the Intracoastal
Waterway and the C-15 Canal.
No other appealable items were considered by the Board. The following items which were
considered by the Board will be forwarded to the City Commission for action.
Recommended approval (6 to 0), of a Future Land Use Map amendment from LD (Low
Density Residential) to CF-C (Community Facilities-Churches) and Rezoning from R-l-AA
(Single Family Residential) District in part and CF (Community Facilities) District in part to
CF (Community Facilities) district for a 4.13 acre parcel of land located on the north side
of NE 8th Street, between NE 8th Avenue and Palm Trail for St Vincent Ferrer Church.
City Commission Documentation
Appealable Items Meeting of September 9, 2003
Page 2
Recommended approval with conditions (5 to 1, Diane Borchardt dissenting), of a
conditional use request to allow the establishment of a self service storage facility and a
wholesale storage facility for Safe and Secure, located on the west side of North Federal
Highway, approximately 890 feet south of Gulf Stream Boulevard.
Recommended approval with conditions (6 to 0), of a conditional use request to allow the
establishment of a 24-hour or late night business to be located within 300 feet of
residentially-zoned property for Excel Restaurant, located within the Linton Square
Shopping at the northeast corner of Linton Boulevard and Congress Avenue.
Recommended approval (6 to 0), of the abandonment of Green Parkway, located between
Linton Boulevard and Black Olive Boulevard, approximately 900 feet east of Homewood
Boulevard within the Pines of Delray.
Recommended approval with conditions (6 to 0), of a combined preliminary/final plat for
Hamilton Place, a proposed 16 unit townhouse development, located at the northeast
corner of SE 6th Avenue (northbound Federal Highway) and SE 3rd Street.
Recommended approval with conditions (6 to 0), of a combined preliminary/final plat for
Park Place, a proposed 57 unit townhouse development, located on the south side of SE
10th Street, approximately 330 feet west of South Federal Highway.
Approved (6 to 0, Nancy Stewart absent), a request for a color change for an existing
multiple-family structure for 126 Gleason Street, located on the west side of Gleason
Street, south of Miramar Street.
2. Approved (6 to 0), a request for a color change for 151-155 NE 4th Avenue, an existing
commercial structure, located on the east side of NE 4th Avenue, between NE 1st Street and
NE 2nd Street.
3. Approved (6 to 0), a request for a color change for Delray Oaks, an existing multiple family
structure, located at the southwest corner of SW 29th Street and Congress Avenue.
4. Approved (5 to 1, Roger Cope dissenting), a Class I site plan modification associated with
the installation of awnings for East Coast Furniture, located on the east side of North
Federal Highway, south of NE 14th Street (1319 North Federal Highway).
5. Approved (5 to 0, Dan Carter stepped down), a Class I site plan modification associated
with architectural elevation changes for Village Grande, a 10 unit townhouse project,
th
located on the east side of NE 4 Avenue, north of East Atlantic Avenue (65 NE 4th
Avenue).
6. Approved with conditions (6 to 0), a Class I site plan modification and architectural elevation
change for an existing office building for 407 SE 1st Street, located at the northeast corner
of SE 1st Street and SE 1st Avenue.
City Commission Documentation
Appealable Items Meeting of September 9, 2003
Page 3
=
Approved with conditions (6 to 0), a Class II site plan modification and landscape plan
associated with the construction of a new 9-space parking lot for John Remus Services,
located at the southwest corner of SE 2nd Street and SE 2nd Avenue. Concurrently, the
Board approved a waiver to install sidewalks along SE 2nd Avenue provided that the owner
enters into an agreement/covenant acceptable to the City Attorney to install the sidewalk
when required by the City.
o
Approved with conditions (5 to 0, Dan Carter stepped down), a Class II site plan
modification and landscape plan associated with the construction of a 14-space parking lot
for 2201 NE 2nd Avenue, located at the northeast corner of NE 2nd Avenue and NE 22nd
Street. Concurrently, the Board approved a request to reduce the required landscape strip
along the north and east property lines from 5 feet to 3 feet.
9. Approved with conditions (6 to 0), a Class III site plan modification associated with the
conversion of a single family residence to a child care facility for First Presbyterian
Church, located on the east side of Gleason Street, south of East Atlantic Avenue (39
Gleason Street).
10. Appreved with conditions (6 to 0), a Class IV site plan modification, landscape plan and
architectural elevations associated with the construction of a 28,700 sq. ft. gymnasium for
Trinity Lutheran Church, located at the northwest corner of Lake Ida Road and Swinton
Avenue (400 North Swinton Avenue).
V=
Granted (4 to 1, Gall-Lee McDermott dissenting, Mary-Lou Jamison absent and William
Branning arrived late), an eighteen month extension (expiring April 17, 2005), for Sundy
Harvest Block, located on the south side of SE 1st Street, between Swinton Avenue and
SE 1st Avenue. The proposal involves the conversion of three residential structures to
retail/office and the demolition of a non-contributing building.
W. Granted (4 to 1, GaiI-Lee McDermott dissenting), an eighteen month extension (expiring
March 20, 2005) for Fisher Properties, located at the northeast corner of South Swinton
Avenue and SE 1st Street. The proposal involves the conversion of four contributing
buildings to office/retail and restaurant and the demolition of two outbuildings.
X=
Approved with condition (5 to 0), a Class I site plan modification and a Certificate of
Appropriateness associated with the installation of storm panels for Yama Building,
located on the on the south side of East Atlantic Avenue, east of Swinton Avenue.
Approved with conditions (6 to 0), the architectural elevation plan associated with a Class V
site plan for Independence Title, a proposed office building, located at the southeast
corner of Dixie Boulevard and NE 2nd Avenue (204 Dixie Boulevard). The site plan was
previously approved by the Board.
City Commission Documentation
Appealable Items Meeting of September 9, 2003
Page 4
Z4
Approved with conditions (4 to 0, John Miller, Rhonda Sexton and Randee Schatz absent),
a Class I site plan modification and a Certificate of Appropriateness associated with the
replacement of doors, windows, the addition of awnings, the alterations of existing
landscaping in the right-of-way and exterior paint changes for Sol Kitchen, located at the
southeast corner of East Atlantic Avenue and Swinton Avenue (4 East Atlantic Avenue).
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
September 9, 2003
GULF STREAM BLVD.
L~OCANAJ-
LAKE IDA
A TLA~vTiC
$.W. 2NDST.
H.P.B.
V. SUNDY HARVEST
[4/. FISHER PROPERTIES
X. '/AMA BUILDING
Y. INDEPENDENCE TITLE
Z. SOL KITCHEN
P.&Z.
A. PELICAN HARBOR PHASE II
S.P.R.A.B.:
I. 126 GLEASON STREET
2. 151-155 N.E. 4THAVENUE
3. DELRAY OAKS
4. EAST COAST FURNITURE
5. VILLAGE GRANDE
6. 407S. E. 1ST STREET
7. JOHN REMUS
8. 2201 N.E. 2ND AVENUE
9. FIRST PRESBY'rERIAN CHURCH
10. TRINITY LUTHERAN GYMNASIUM
· ·
I ONE MILE I
CtTY OF DELRAy BEACH, FL
pLANNING & ZONING DEPARTMENT
2003
.. J
Memo
From:
Subject:
Date:
David Harden - City Manager
- Director, Community Improvement
Lula
Butler
Renewal of MacArthur Grant
September 4, 2003
Item Before the Commission:
Request City Commission ratify the renewal of the grant from the MacArthur Foundation in the
amount of $150,000 to be funded over a two-year period in support of the NW/SW Management
Team.
Background:
The MacAtthur Foundation awarded a $150,000 grant to the City in 2001 to assist with the costs to
complete the Downtown Business Plan. One of the components of the plan includes a $30,000
allocation to complete the SW Neighborhood Development Plan. The Downtown Master Plan was
adopted by the City Commission in March 2002 and the SW Neighborhood Plan was formally
adopted by the Commission in May 2003.
We are now preparing for the implementation portion of the plan. The NW/SW Management Team is
organized to govem the implementation of the plan insuring that the residents and other stakeholders
have continued engagement through all phases of the redevelopment plan. The primary goal of the
grant will be to provide specialized assistance and training for the management team. As the
management team is largely made up of volunteer residents and local stakeholders, training is
imperative if they are to succeed in governing and/or being able to continue to prioritize and "drive"
the implementation of the plan.
The grant identifies the tasks to be performed, outcomes, timelines and responsible entities. The total
budget for the two-year period is $181,000, which includes $10,000 and $15,000 respectively of in-
kind services from the CRA and City. The proposed use of funds is identified within the grant
proposal. We expect that the MacArthur Foundation will approve the renewal of this grant within the
next 30 days.
Recommendation:
Staff is recommending City Commission ratify the renewal of the grant from the MacPathur
Foundation in the amount of $150,000 to be funded over a two-year period in support of the NW/SW
Management Team
Southwest Neighborhood Development Plan
Management Team Grant
Introduction
This grant application is being submitted to obtain funding to maintain and enhance the
involvement of residents and other stakeholders in the implementation phase of the
Southwest Area Neighborhood Redevelopment Plan. A primary goal is to provide
specialized technical assistance and training to the collaborative group organized as the
Southwest/Northwest Management Team, responsible for the overall governance,
public involvement and information dissemination in support of the comprehensive
Southwest Area Neighborhood Redevelopment Plan. The Plan adopted by the City
Commission of the City of Delray Beach in July, 2003 reflects the community
stakeholder's long-range vision for the area. The study area is the home of eighty
percent of the City's African American residents; it is within the defined boundaries of
the Community Development Block Grant (CDBG) Program and Pocket of Poverty,
indicating that a majority of these residents are within the Iow to moderate-income
category. The study area houses the highest concentration of African American,
Haitian, Bahamian and Jamaican minority groups.
Prior to the development of the Downtown Delray Beach Master Plan, the southwest
area residents and other key community stakeholders formed a collaborative alliance to
ensure that they played a major role in the planning and implementation of any
redevelopment projects in southwest Delray Beach. The SW/NW Management Team
was organized under the direction of the Village Foundation, originally founded as MAD
DADS in 1992, to serve as a vehicle for the active engagement of community
stakeholders for the Southwest Area Neighborhood Redevelopment Plan. The thirty-one
(31) member SW/NW Management Team is a collaborative structure comprised of
residents, representatives from the area's sixteen (16) neighborhood associations, local
faith based leaders, City and Community Redevelopment Agency (CRA) officials, public
housing officials, the business community, local CDC's (Community Development
Corporation), service providers and other community organizations.
The team is structured to ensure that local residents have an opportunity to "drive" the
planning and decision-making process regarding any major redevelopment activity in
and around core West Delray Beach neighborhoods. The Management Team initiated
and drove the planning process, coordinating outreach efforts, community meetings and
workshops, worked closely with the consultant team to craft and edit the plan document
and provided valuable insight and clarity regarding community issues and priorities.
The principles and conceptual design schemes and strategic recommendations adopted
in the Southwest Area Neighborhood Redevelopment Plan were based on the collective
input of the members of the Management Team and input received from community
stakeholders who attended community meetings and workshops.
Southwest Neighborhood Redevelopment Team Grant
Page 2
Project History
In April 2000, a grant application was formally submitted to the John D. and Catherine
T. MacArthur Foundation to support the development of the Downtown Master Plan. In
July of 2000, the Foundation awarded a grant of $150,000 to the project partners, which
included $30,000 towards the completion of various elements of the Southwest Area
Neighborhood Redevelopment Plan. 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.
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.
With the completion of the Downtown Plan the focus shifted to completion of the
Southwest Neighborhood Plan. A consultant was selected to develop the Southwest
Neighborhood Plan in February 2002. Since that time, the consultant has worked with
the Management Team and 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, multiple planning and design workshops
and other small group meetings and has resulted in the Southwest Neighborhood
Redevelopment Plan which was formally adopted by the City Commission on June 3,
2003.
The Plan identifies core strengths and assets that will move the Southwest
neighborhoods towards stability and stimulate private sector investment in the area.
Implementation of the Plan is expected to have profound short-term and long-term
impacts on the community, which could potentially determine the quality, quantity, and
costs of housing and types of businesses and services located in the area in the future.
Automobile and pedestrian circulation patterns could be altered based upon
recommendations included in this plan. The Plan also includes detailed strategies to
improve landscaping, parks and other public spaces. The Plan primarily focuses on
physical improvements, but also addresses other elements of community livability, such
as public safety, economic development and service delivery strategies.
The Management Team has experienced both the benefits and challenges of being
engaged in the development of a comprehensive neighborhood plan. The
organization's structure that promotes and has demonstrated that local residents and
stakeholders can "drive" the planning and design process now has the opportunity to
govern through the implementation of all phases of the approved plan. They
experienced many challenges along the way, such as how to keep residents engaged in
a process that took almost a year and a half to develop, being able to address conflicts
and respect differences of opinions and learning the multiple elements of the planning
process. They learned to effectively address difficult issues, such as identifying specific
actions that would be necessary to enhance and protect neighborhoods, and discussed
2
Southwest Neighborhood Redevelopment Team Grant
Page 3
and supported ways to minimize displacement of current residents and the destruction
of the community's culture while promoting reinvestment in the neighborhood.
The next phase of the Plan is to have implementation. As the Management Team is
largely made up of volunteer residents and local stakeholders, training is imperative if
they are to succeed in governing and/or being able to continue to prioritize and "drive"
the implementation of the Plan.
Description of Project 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 commemial overlay district identified in the adopted West Atlantic Avenue
Redevelopment Plan that spans between SW 1st 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, turns
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 livability
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 SW 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
resultant large frog population. The planning boundaries extend from SW 4th
Avenue to SW 6th Avenue and from Atlantic Avenue to SW 4th Street.
3. Village Center
This sub-area links the public service and education facilities within a service
corridor that extends from SW 3rd Street to S.W. 10th Street. Agencies currently
based within the corridor include Village Foundation (formerly MAD DADS), the Full
Southwest Neighborhood Redevelopment Team Grant
Page 4
Service Center, 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 SW 7th Street to SW 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.
Current Needs
As outlined below, many of the recommendations put forth in the plan embrace the
Management Team as the vehicle for ongoing stakeholder engagement. While technical
assistance will be provided from the associated government agencies such as the City
and the CRA, the Management Team will need to have a good working knowledge of
what the recommendations mean in order to be able to assist with their implementation.
In addition, some of the strategies include very complicated issues such as land
banking and urban design concepts that the general layperson (stakeholders) would not
understand without extensive training. Below is a list of the recommendations that the
Management Team will be engaged to implement:
· 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 initiatives.
· 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.
4
Southwest Neighborhood Redevelopment Team Grant
Page 5
Develop an aggressive infill development program that gives priority to residents in
areas slated for redevelopment when selecting potential tenants and/or home
owners for infill units.
· Work with the Community Management Team to create and 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 fa(;;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
inflll housing units.
· Include clear language about urban design parameters and affordable unit set-
asides in all Requests for proposals 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 overlay 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 of multi-family housing (apartments/town
homes), single family homes, and amenities green spaces.
· Redevelop the Frog Alley corridor (SW 4th Avenue to SVV 6th Avenue / Atlantic
Avenue to SVV 4th Street) as a mixed use and residential area, consistent with the
historic Bahamian architectural and urban design themes.
· Continue to develop the Village Center service corridor (SW 3rd Street to SW l0th
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 the Plan.
5
Southwest Neighborhood Redevelopment Team Grant
Page 6
The Management Team is already up and running. As there is an overlap between the
Southwest Neighborhood Redevelopment Plan and the Downtown Master Plan,
members from the Team have been selected to participate on the Downtown Master
Plan Steering committee so efforts are not duplicated. The existing Management Team
consists of various community residents, business leaders, agency representatives, and
board members, most of whom reside, work, own a business or own property in the
Plan area. Together these stakeholders will help guide the implementation of the Plan.
The Management Team and Steering Committees will help encourage public
participation and communication throughout the process.
The following are the Project Management Team Leaders, City & CRA assigned staff:
Resident
Chairperson
137 SW 12th Avenue
Delray Beach, FL 33444
(561) 276-4223
Charles "Chuck" Ridley
City of Delray Beach
Community Improvement
100 NW 1st Avenue
Delray Beach, FL 33444
561-243-7203
Lula Butler
Delray Beach CRA
Atlantic Avenue
Delray Beach, Florida 33444
(561) 276-6755
Diane Colonna
Objectives & Desired Outcomes
The key component of the Southwest Neighborhood Plan is building a cadre of leaders
trained to provide the oversight and governance for the implementation of the Plan. To
fulfill this role the team members need to understand the principals of the Plan and will
need to master the key skills essential for group facilitation and community action as
identified in the Implementation Strategies subsection listed above. In addition, they will
need a general understanding of planning processes, fiscal management, urban design
concepts, how to sustain collaborative partnerships and community engagement.
Strong leadership development training is an essential first step for effective
implementation of the Plan. Some of the key components of the training should include:
Provide the SW/NW Management Team with a guided review of the
Redevelopment Plan itself to make sure there is consensus, desired working
knowledge and familiarity with the Plan and to explore the concepts and discuss
the strategies to help facilitate the approach to implementation.
6
Southwest Neighborhood Redevelopment Team Grant
Page 7
Give participants opportunities to practice some of the skills critical to carrying
out the project's work, including community relationship building, group
facilitation, and community assessment and planning.
· Enhance the group's knowledge of the planning processes, fiscal management,
urban design concepts, land banking, and the land trust process.
· Provide sufficient consultant and technical assistance to the SW/NW
Management team to build capacity and effectiveness.
Create a structure that will allow the community participants to continue to sit at
the table and be engaged in the process for the long term, capable of considering
and recommending any necessary changes that will help facilitate
implementation of the Plan.
Demonstration and documentation of a process by which divided segments of a
community have come together to make important decisions about the future of
their surroundings and by which residents can take control of their communities,
working in partnership with government, private business and other
organizations.
Specifically, participants will learn to analyze how their relationships with one another
impede or support the overall goals and activities of the group. This skill is critical to
helping community action groups to weather the inevitable conflicts and transitions that
occur in the life of a functioning group. The end result of this training process will be the
knowledge needed to move the Plan into the implementation stage. The strength of the
Management Team will determine the success of the plan.
In addition, several of the outcomes of from the Plan will have an impact on Public
Policy. One example is that the infill housing recommendations will most likely be
implemented in other parts of the community including infill housing size, architectural
design and neighborhood compatibility. These are major issues that generally impact
most of the older areas. Secondly, the global issue of the CRA taking the leadership
role as the financial vehicle for revitalization within residential neighborhoods will
certainly change and impact future policy for this agency.
Some of the specific work products and outcomes will include:
7
Southwest Neighborhood Redevelopment Team Grant
Page 8
Task Outcome Timeframe Responsibility
Management Working knowledge of Plan, 3 months Contracted
Team Training* build consensus, define roles Consultant
Multiple sessions
Management Enhance working knowledge 2 months Contracted
Team Retreat* of planning process and Consultant
Two 8-hour develop implementation City & CRA
sessions strategies
Selection Administrative support in place 4 weeks Management Team
administrative
staff
Outreach Creation of quarterly 2 months Management Team
Marketing newsletter, community (on-going
Strategies outreach strategies, meetings,activity)
etc.
Community Land Explore program, develop final4 months Management
Trust decision and recommendation Team, City, CRA,
Contracted
Consultant
Foundation Explore and define funding 1 week MacArthur
Committee opportunities (year #2) Foundation
Session Management
Team, City & CRA
Management Define priorities, create On-going Management
Team Project I incentives to encourage Team, City & CRA
Implementation private investments
Village Academy Provide keynote speakers on Once MacArthur
Technical the "beacon concept" annually Foundation &
Assistance Management Team
Expanding Introduce new On-going Management Team
Collaborative residents/stakeholders,
Partnership business partners into the
process
Annual Report Document success and On-going Management, City
processes used & CRA
* Anticipates these initiatives to be conducted annually over the two year grant
period.
8
Southwest Neighborhood Redevelopment Team Grant
Page 9
Project Sources Amount
Delray Beach CRA $10,000 (In-Kind)
City of Delray Beach $6,000
City of Delray Beach $15,000 (In-Kind)
MacArthur Foundation $150,000
Total $181,000
Project Uses Amount
Management Team Administration $30,000
(staff assistance, equipment, office supplies,
refreshments)
Management Team Training/Retreat $50,000
Outreach/Marketing (newsletter, notices, reports) $20,000
Community Land Trust Consultant Service/Technical $30,000
Asst.
Foundation Committee Session - Delray Beach $15,000
Village Academy Technical Assistance $3,000
Management Team Project Implementation $33,000
Total $181,000
9
Southwest Neighborhood Redevelopment Team Grant
Page 10
Description of Organizations Involved
Although the City of Delray Beach is the applicant for the grant, all funds will be spent in
support of the SW/NW Management's Team governance process. The Community
Redevelopment Agency (CRA) and MAD DADS (Men Against Destruction Defending
Against Drugs and Social Disorder) doing business as the Village Foundation will
participate in this initiative. The following is a brief description of each of these entities.
City of Delray Beach
The City of Delray Beach is located in southern Palm Beach County, between the cities
of Boca Raton and Boynton Beach. It is 15.4 square miles in size of which over 95
percent is developed. Over 58 percent of the existing land use inventory is residential
while only 14 percent is commercial or industrial. Residential development is split
evenly between single family and multi-family units and over two-thirds of the units are
owner occupied. There is a resident population of about 62,500 with a racial mix of
approximately 69 percent white and 29 percent black. In 2000, the median age of a
Delray resident was 44 and the median household income was $43,371.
The City utilizes a Commission-Manager form of government. The City Commission
consists of a Mayor and four Commissioners. This year's general fund budget is
approximately 71 million dollars.
MAD DADS, doin.q business as the Villa.qe Foundation of Delray Beach
MAD DADS, founded in 1991 is a national grassroots movement of local autonomous
organizations. The national vision for MAD DADS is to help youth of all backgrounds,
particularly those from disadvantaged circumstances, develop the qualities needed to
become responsible citizens and to protect and maintain a safe environment for their
families and neighbors. The Delray Beach chapter of the organization was founded in
1992 by local residents Charles "Chuck" Ridley and Ben Bryant. Throughout the last
ten years, the grassroots agency programs have developed into three main
components: Neighborhood Stabilization, Family Strengthening and Youth
Development. Collectively called the Drug and Crime Free Community Program, these
programs, have been strategically designed to address the most pressing needs of
community residents of all ages.
MAD DADS began doing business as the Village Foundation in 2000, strengthening its
ability to raise dollars in support of the Village Academy Elementary School and the
Beacon Extended Day School Program with its associated wrap around services. The
service community for this agency is defined by Lake Ida Road to the north, Swinton
Avenue to the east, Linton Boulevard to the south, and 1-95 to the west, an area that is
also knows as the Delray Beach Community Development Block Grant Target Area.
Community Redevelopment Aaencv {CRA)
The CRA was established in 1985 to guide the City in its redevelopment efforts. The
purpose of the Agency is to revitalize the physical environment and the economy of the
10
Southwest Neighborhood Redevelopment Team Grant
Page 11
City's older, blighted areas. The impetus to create the CRA grew out of the work of the
Atlantic Avenue Task Force which was commenced in 1984 to study the Atlantic
Avenue Corridor and make recommendations for improvement. The CRA's budget is
derived from the use of "Tax Increment Financing (TIF)". A "Finding of Necessity" for
the initial 1,812 acre Community Redevelopment Area was adopted by the City
Commission May 14, 1985. An additional 103 acres, located along North Federal
Highway, were incorporated into the CRA on November 24, 1987.
The agency is governed by seven commissioners appointed by the City Commission.
Day-today operations are overseen by an executive director and staff. This year's tax
increment revenues were increased by 17 percent. The total TIF's are now are $3,773,
248.
11
Da~:
0
AGENDA ITEM NUMBER:
Request to be placed on:
__ X Consent Agenda
When: Sept 9, 2003
AGENDA RE OUE ST
__ Regular Agenda
__ Workshop Agenda_
Description of agenda item (who, what, where, how much):
Renewal of MacArthur Grant in the amount of $150,000 to be funded over two 3ears in
support of the NW/SW Management Team.
Special Agenda
~De. partmentHead t//. m ~~
S,g a ure:
City ~omey Re~ew/~co~endafion (if applicable):
Budget Di~ctor Renew (~q~md on a~ items invoMng expendim~ of Mnds):
F~g Av~able: Yes / No IM~:
~co~t N~er
Descfiptbn
Acco=t B~mce:
F~dMg Mte~fives:
Ci~ Manger ~ew: ~
~pmved for ~en~ No IMt~:
~ld Unfl:
~enda ~oMi~mr ~ew:
~ceived:
applicable)
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM # x~.~ . REGUI.AR MEETING OF SE~EMBER 9. 2003
OF BIDS ~D CONTraS
SEPTEMBER 5, 2003
This is before the City Commission to approve the award of the following bids:
Purchase award to Don Reid Ford, Inc. in the amount of $48,418.00 via the Florida
Sheriffs Association and Florida Association of Counties Bid for the purchase of two (2)
utility body trucks for the Environmental Services Department. Funding is available
from 441-5143-536-64.20 and 441-5144-536-64.20 (Automotive).
Purchase award to Rayside Track & Trailer in the amount of $16,330.00 for the purchase
of two (2) truck mounted hydraulic hoist for two (2) utility body trucks. Funding is
available from 441-5143-536.64.90 and 441-5144-536-04.90 (Other
Machinery/Equipment).
Purchase award to the Cues Corporation in the amount of $46,500.00 for the purchase of
a sanitary sewer main line and lateral camera system for the Environmental Services
Department. Funding is available from 441-5141-536-64.90 (Other
Machinery/Equipment).
Purchase award to Sander's Company, Inc. in the amount of $26,175.00 for the purchase
of a dry pit submersible pump for Lift Station 50. Funding is available from 441-5144-
536-64.90 (Other Machinery/Equipment).
Purchase award to Nortrax in the amount of $17,195.00 for the purchase of a hydraulic
broom attachment for the Construction Division backhoe loader. Funding is available
from 441-5145-536-64.90 (Other Machinery/Equipment).
Lease award to Ikon Office Solutions in the total amount of $29,236.68 over a three (3)
year term via the Miami-Dade Contract #143-BB05 for the lease of a Canon Image
Runner 105 Digital Copier for the City Clerk Department. Funding is available from
001-1411-512-44.30 (General Fund/Equipment).
Purchase award to A2000 Network Solutions, Mission Critical Systems, Inc. and
CompUSA in the total amount of $52,242.00 via State Contracts #250-000-03 and #250-
000-03-1 for an intrusion detection system for the MIS Department. Funding is available
from 334-6112-519-66.10 (General Renewal & Replacement Fund) and various line items
in MIS budget (001-1811-513).
Recommend approval of the above bids and purchases.
&\City Clerk\agenda memo\Bid Memo.9.9.03
TO:
FROM:
DATE:
SUBJECT:
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
David T. Harden
City Manager
C. Danvers Beatty, P.~
Deputy Director of Publ~ Utilities
September 2, 2003
PURCHASE OF (2), 1 TON UTILITY TRUCKS
N D
U M
www. mydelravbeach.com
Attached is an agenda request for the purchase of (2), 1 ton Utility Body Pickup Trucks. These
trucks were identified for purchase in the 2003/2004 operating budget, however, funding is
available for purchase at this time. The trucks will be used to enhance the efficiency of our lift
station and water maintenance programs. These vehicles are available via State Contract from
Don Reid Ford Fleet Sales in the amount of $24,304.00 for one truck and $24,114.00 for the
second truck.. Funding for this expenditure is available in Water Maintenance Operating Account
# 441-5143-536-64.20 (Automotive) and Lift Station Maintenance Operating Account # 441-
5144-536-64.20 (Automotive) budget transfer attached.
Please place this item on the September 9, 2003 Agenda for consideration by City Commission.
CDB/ped
CCi
Richard C. Hasko, P.E., Director of Environmental Services
Rich Olson, Director of Public Works
Bob Bullard, Utility Maintenance Manager
Bill Darty, Fleet Maintenance Supt.
City Clerk
Agenda File
U:\wwdataWlemo\City Manager\03 Sep02-Purchase of Utility Truck.doc
~ul-~l-O~ 10:55~ 130N ~K]O ~ORD EL. EET 407B474779 P.02
PROPOSAL
NAME: C(I'Y OF DI~LFLa, Y I~EACH
DATE: 3UL¥ 31, 2003
ADDRESS:
ATTENTION: BILL
200~1 FORD F-350 4 X 2 CAD ~ CHASSIS
A]R CONDITION
AM/FM
40 ~LL~N FUEL TANK
T~R TOW PAC~GE
U~ B~Y 5AW
PER STATE CONTRACY
TOTAL
$ 16,349,00
C~oo.oo)
725.00
695,00
We thar~k you for Cl~e og~or[unit¥ to make this ~a~ efl~ will epp~Mta your accepte~e
writing b~ en offi~ of ~n Re~d Fo~. Inc. Re~ of one ~py of this ~1 a~d your pu~ha~
o~er e~mber ~n~s V~r offi~al
R~ipe¢~ full.~ submJ,ed
DON K~.ID FOAL), I~C
PROPOSAL
City of Delray Beach
Budget Transfer Form
(1) Departmental Line Transfer
(3) Interfund/Interdepartmental Transfer
(2) Date September 2, 2003
(4) Batch Number
(5) Requested By: C. Danvers Beatly, P.E., Deputy Director at Public Utilities
PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION 18) TRANSFER OUT (9) TRANSFER IN
441-5143-536-64.20 Automotive $24,304
441-5144-536-64.20 ~,utomotive $24,114
441-5142~536-63.90 Dther Improvements $48,418
(10) TOTAL $48,418 $48,418
JUSTIFICATION: To provide funding for purchase of (2) one ton utility body pick up trucks.
Deparlment Head~"~/ ~'~' ~ ~ Assr City Manager
(11) Budget Revision Date
(13) Period
(12) Conh'ol Number
(14) Count
ORIGINAL-BUDGET CANARY-FILE ~'INK-DEI~ARTMENT
AGENDA REQUEST
No.
Request to be placed on:
X Regular Agenda
Special Agenda
__ Workshop Agenda
Agenda Item
Date: September 2, 2003
When: September 9, 2003
Description of item (who, what, where, how much): Staff requests Commission award the purchase of
(2), 1 ton Utility Body Pickup Tracks from Don Reid Ford Fleet Sales in the amount of $48,414.00. These
vehicles are available via State Contract. Funding for this expenditure is available in Water Maintenance
Operating Account # 441-5143-536-64.20 (Automotive) and Lilt Station Maintenance Operating Account #
441-5144435 -64.20 (Automotive).
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staffrecommends award of the purchase to Don Reid Ford Fleet Sales in the amount of
Department head signatur q~ .-o~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re~flgired on all items i~avolving expenditure of funds):
~Fund.~.nga~ailab~e.~fNOc~f~ ~'/y/ol ~
(if applicable)
punrllng alternatives --
Account No. & Description v,tl--e/¥¥ ~,~z~'-~v- ~t n '~'~¢ ne
Account Balance f,-#£,c~,/- 5d~r t~ 'rr.~r~c
City Manager Review: ~I~JV 3
Approved for agenda:
Hold Until:
Agenda CoordinatorReview:
Received:
Placed on Agcnda:
Action:
Approved/Disapproved
U:\wwd ata~Forms~Agend a Rcquests\03Sep02-AgendaReq - Utility Truck.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D
U M
TO:
FROM:
DATE:
SUBJECT:
www. mvdelragbeach, eom
David T. Harden
City Manager
C. Danvers Beatty, P.E.~...
Deputy Director of PulSe Utilities
September 2, 2003
PURCHASE OF TRUCK MOUNTED HYDRAULIC HOIST
Attached is an Agenda Request and supporting documentation for purchase of two truck mounted
hydraulic hoist from Rayside Truck & Trailer in the amount of $16,330.00. This equipment will
be installed on the two vehicles which are proposed for pumhase under separate agenda request.
Rayside Truck & Trailer is the sole soume local supplier of Lifimoore Crane equipment. The
proposed hoist include the same specifications of other hoist purchased in the past and will
maintain operational uniformity.
Based on their quote we are recommending approval of this purchase from Rayside Truck &
Trailer in the total amount of $16,330.00. Funding will be from Account # 441-5143-536-64.90,
and 441-5144-536-64.90, Other Machinery & Equipment
Please place this item on the September 9, 2003 Agenda for consideration by City Commission.
CDB~ed
CCi
Richard C. Hasko, P.E., Director of Environmental Services
Bob Bullard, Utility Maintenance Manager
City Clerk
Agenda File
U:\wwdatahMemo\City Manager\03 Sep02-Purchase of Hydraulic Hoist.doe
29-JUL-2003
12:21
0UOTE
Curr. Date: 07/29/03
Quote Date: 07/29/03
Good Thru.: 11/26/03
Sls Rep/OT: 202 KJ12
Page I
O01d-FaX
Page 2/2
QUOTE: 030729-22
Cust, PO: ?
Ter~S: ne
Ship Via: RT
Oust Her:
2.~jli3S, MEta~Trmll. Wmt'Pmlmkch. lq,,T,T.t15-9207 l, lleae(Sil)'N~ ~)-'~l'-'~T~2 T~AT((~I)~5-?~J~
CITY OF DELRAY BEACH
100 N~ 1St Ave.
D~lra¥ Beach FL 33444
Contact : ROBERT BULLARD
Phone No: 561-243-7130
Part Number
OOTR IOOF..R~
LFT 32OOREL15
cl~rY oF DELl/AY BRACH
HAINTENANCE NANAOER
434 SOUTH s~INTON AVE.
DELRAY BRACH FL 33444
Job Dasc / Comnt
LIFTMOORE 3200~EL-15 CRANE
FAX 561-243-7344
Hods1:
Year:
aA**/I~B':
LIC.NO.:
Odometer:
VIN No.:
FBT 3LEAF
Description Phase Quantity UOH Pr
~PULL-OUT ~ITH JACK STANDS 60 1.00 RA 660
*3200# ELEC/HYD CRANE 404
3200 LB. CAPACITY @ 3'
PO~ER ROTATION.
PO~ER ELEVATION.
MANUAL EXTENTION FROH 7' TO 11'.
H~NUAL EXTENTION FROM 11' TO 15'.
1/4# X 62' ~ALVANI~D AIRCRAFT CABLE.
12 VOLT MARINE BATTERY B/VENTED CASE.
HOUNTED ON 24" PEDESTAL IN BED OF TRUCE.
*CRANE SIDE SPRING BUILD UP 425
1.00 EA 6,995
1.00 FA 510
Items:425 Sub Total Sales Tax Amount Due
8,165.00 0.00 8,165.00
X
Print Name Date Accepted Accepted By
City of Delray Beach
Budget Transfer Form
(1) Deparlmental Une Transfer
(3) Interiund/Interdepartmental Transfer
(2) Date September 2, 2003
(4) Batch Number
(5) Requested By: C. Danvers Beatty, P.E., Deputy Director of Public Utilities
PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION I8) TRANSFER OUT (9) TRANSFER IN
441-5143-536-64.90 Other Machinely & .$8,165
Equipment
441-5144-536-64.90 Other Machinery & $8,165
Equipment
441-5142-536-63.90 Other Improvements $16,330
(10) TOTAL $16,330 '$16,330
JUSTIFICATION: To provide funding for purchase of two truck mounted hydraulic hoist
Inconjunction with the purchase of two new utility trucks.
FIn~anj je Dlrec~o[ ~=~/'/t~ ] f~ ~ City Manag,l'_
/I"
(1' ~ Budget Revbion Date
(13) Period
ORIGINAL-BUDGET
CANARY-FILE
(12) Control Number
(14) Count
PINK-DEPARTMENT
No.
Request to be placed on:
X Regular Agenda
Special Agenda
__ Workshop Agenda
AGENDA REQUEST
Agenda Item ~..7~
Date: September 2, 2003
When: September 9, 2003
Description of item (who, what, where, how much): Staffrequests Comrmssion Approval of a purchase
from Rayside Truck & Trailer for two truck mounted hydraulic hoist in the amount of $1&330.00 to be
installed on the two vehicles proposed for purchase under separate agenda item. Funding is available from
Account # 441-5143-536-64.90, and 441-5144-536-64.90~ Other Machinery & Equipment.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/N._Q_O
Recommendation: Staffrecommends approval of the purchase from Rayside Truck & Trailer.
head signature. ~ ~~~ .-
Department '
Determination of Consistency with Comprehensive Plan:
City Attorney Review, Recommendation (if applicable):
Budget Director Review (rgltalired on all items involving expenditure of funds):
Funding available~/NO ~/~ C '~/J t0~ ~
Funding alternatives ~' ' (if applicable)
Account Balance ~k~,~.~4 ~,- i.~ "C-r,~/~ ,~4.~Ld
C~ Manager Renew: ~
Approved for ag~da: ~0
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
U:\wwdat a~Forms~Agen da Requests\03 Sep02-AgendaReq - Hydraulic Hoist.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
City Manager
C. Danvers Beatty, P.E.'~~
Deputy Director of Pub~ UliI~es
September 2, 2003
Sanitary Sewer Main Line & Lateral Camera System
www. mvdelra}~beach, com
Attached is an Agenda Request and supporting documentation for the purchase of a sanitary sewer
main line & lateral camera system from CUES in the amount of $46,500.00. CUES is the sole
source provider of our video surveillance equipment for sanitary sewer mains. The new camera
system will not only permit the video of main lines but will also be equipped with a separate
camera for lateral evaluation. This equipment was proposed in the 2003/2004 waste water
collection operating budget as a capital purchase, however, funding is available for purchase at
this time. Based on the quotation received, we are recommending the purchase from CUES in the
total amount of $46,500.00. Funding will be from 441-5141-536-64.90, Other Machinery &
Equipment.
Please place the item on the September 9, 2003 Agenda for consideration by City Commission.
CC.'
Richard C. Hasko, P.E., Director of Environmental Services
Scott Solomon, Water & Sewer Network Manager
Jackie Rooney, Purchasing
City Clerk
Agenda File
U:\wwdataWlemo\City Manager~03Sep0242amera System.doc
August 25, 2003
Re: CUES Lamp OEM pricing #82503
C ES
Scott Solomon
Delray Beach, City of
434 S. Swinton Ave.
Delray Beach, FL 33444
via E-Mail solomon@ci.delray-beach.fl.us
Dear Scott:
Per our conversation on the CUES LAMP (Lateral and Mainline Probe) system, listed below is
the information and pricing we discussed. With the advantage of having existing CUES TV
equipment, the City of Delray Beach will save additional money be using your existing
transporter controller, TV cable and other components.
CUES will offer a sole source/OEM discount package for a complete turn-key LAMP
upgrade to your existing TV truck at $46,560.00 that also includes lateral camera footage.
This offer is good for 90 days from the date of this letter.
Self Propelled Lateral and Mainline Probe (LAMP) to include:
Mini Mainline Inspection Camera, 1.50" Maximum Diameter x 3.5" Maximum Length Color
Camera With Lighthead, 200 Degree Optical Pan Angle, 270 Degree Optical Rotate Angle,
Built In Light Ring With Solid State White LED Lighting
Mini Fixed Orientation Color Camera, 1.50" Maximum Diameter x 3.5" Maximum Length,
Built In Light Ring With Solid State White LED Lighting
1 Lateral Launcher Assembly With Rotation / Extend / Retract Camera Positioning
1 Push Cable Ddve Assembly - Installed In Lateral Launcher
1 Self Propelled Launcher Robot With Freewheel, Forward, and Power Reverse
Set of Weighted Adapters For Self Propelled Lateral Launcher Robot For 6" - 30" Pipe
1 83 ft. Push Cable Assembly
Electric Reel With Slipring and Clutch For Powered Retrieve of Push Cable / Control
System To Include Launcher / Self Propelled Robot Control With Extend / Retract, Left /
Right Rotation, Camera Selection and Picture In Picture Selection / Cable Drive Speed
Transporter Control With Forward, Freewheel, and Power Reverse / Variable Speed Control
For Self Propelled Launcher Robot
Interconnect Cable For Launcher To Push Cable
Interconnect Cable For Control System To Power Control Unit
Set of Skids For Push / Inspection Camera
Double Data with Lateral camera footage
1 Installation at Orlando factory (customer to deliver and pick-up TV unit)
1 On Site Training, 2 days
Package Price
Less OEM/Sole Source
Delray Beach OEM price
$51,100,00
-$4.600.00
$46,500.00
Page I of 3
The LAMP system requires a 12 conductor slipring for operation. If this slipring is required
an additional cost of $1,700.00 will need to be added to the upgrade pricing.
One option to consider is the sonde and Iocator on the lateral camera. This will allow the
lateral camera to be traced and provide additional accuracy on service connection
location.
Option:
1
PS3 Camera sonde and Iocator
add-on $2,400.00
CUES is the largest supplier of TV and TV/Seal equipment in the World, with over 3000
systems in operation. More municipalities and contractors use CUES' System than all
other manufactured brands combined. The World Headquarters and manufacturing plant is
located in Orlando, Florida; with offices in California, Canada and Europe.
Please do not hesitate to call me if you need additional information.
1-800-327-7791 ext 240 (office), 1-800-327-7791 ext 439 (voice mail 24hrs)
1-800-509-3741 (Pager) please include Four area code
Sincerely,
Dennis Parker
Florida Sales Manager
cc Customer File
Page 2 of 3
Sole Source/OEM Justification
CUES is the sole manufacture and supplier of OEM (Original Equipment
Manufacture) products/pads for the existing CUES TV equipment, Due to
compatibility and warranty issues it is recommended the purchase of "Original"
components and pads be made.
· The proposed pumhase of the CUES LAMP system is 100% compatible with our
existing TV equipment.
· The CUES Pan and Tilt Camera, Ultra Shorty Tractor, LAMP are solely manufactured
by CUES in Orlando, Florida.
· CUES maintains over nine million dollars in pads and supplies that eliminates the need
to have an extensive part inventory.
The manufacturing factory, customer support center and stockroom is located in
Odando allowing easy same day support without the need to add shipping cost for
pads or repairs.
100% Full Circle Compatibility note:
CUES current cameras, lightheads, Power Control Units, Footage Systems are 100%
compatible with the existing equipment without modifications. This allows older equipment
to operate on newer TV systems and newer equipment to operate on older systems giving
your full circle compatibility.
Other manufactures may have components i.e. cameras, etc. that can be modified to operate on your
existing CUES system, however this may require special one of a kind cables or modifications to the
intemal electronics of your camera, Power Control Unit, etc. Any modification to the system's
electronics voids the manufactures warranty and the life-time loaner policy.
No.
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
AGENDA REQUEST
Agenda Item ~.~
Date: September 2, 2003
When: September 9, 2003
Description of item (who, what, where, how much): Staffrequests Commission Approval ora purchase
from CUES in the amount of $46,500.00 for sanitary sewer video surveillance equipment. This equipment
will be used to assess the conditions of sanitary sewer main lines and laterals and will enhance our
preventive maintenance program. Funding is available from Account # 441-5141-536-64.90, Other
Maintenance Equipment.
ORDINANCE/RESOLUTION REQUIRED: YES/N.~O DRAFT ATTACHED YES/N._QO
Recommendation: Staffrecommends approval of the purchase from CUES.
Department head signature: ~~*~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget
Director Review (re_.Lq~ired on all items involving expenditure of funds):
Funding available~/NO
Funding alternatives L/' (if applicable)
Account No. & Description Yql
Account Balance
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
U:\wwd ataWorms~Agend a Requests\03Sep029-AgendaReq - Camera System.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D
U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
City Manager
C. Danvers Beatty, P.E~
Deputy Director of Pub~i~ ,~,,,~,,~-':- "~':'"' S-'
August 29, 2003
Installation of Dry Pit/Submersible Sanitary Sewerage Pumps
Sanitary Sewer Lift Station No. 50
Attached is an agenda request, location map and quote for purchase of one dry pit/submersible
sanitary sewerage pump. The pump will be installed in Lift Station No. 50 and will replace an
existing pump which is failing and beyond repair. Sanders Company, Inc. is the sole source
provider for Fairbanks Morse dry pit submersible pumps with a total proposal of $26,175.00.
Based on their proposal and satisfactory performance of past work in the City, we are
recommending award of the purchase to Sanders Company, Inc. in the total amount o£$26,175.00.
Funding will be from Account # 441-5144-536-64.90, Other Machinery and Equipment (budget
transfer is attached).
Please place this item on the September 9, 2003 Agenda for consideration by City Commission.
CDB/pd
Attachments
CC:
Richard Hasko, P.E., Director of Environmental Services
Robert Bullard, Maintenance Manager
City Clerks Office
Agenda File
U:\wwdatahMemo\City Manager\03Augr27-Sand~rs Company.doc
] ~AY BEACH-'-~ PUaP ~?~., ~l
I ~ ,m.=Jm.m,m,,...,mip..cm.~vm,q.,c~m~n~, Il IF ..... '11
Tuesday, Apdl Z2, 2003 9:18 AM James Smi~ 954-739-0681
SANDERS COMPANY, INC.
2331 N. ST. ROAD
SUI'J'~ 223
LaLK~rhill, FI, 3S~13
Fax: 9S4-739-0881
TO: City ~f Deln~y Ile~elt, FI.
b (I) el. - Palremeka Morse t~' x ~0' modol 6436110 ~ sebmeraitdo pump, ~00 H.P, 880
tlJn~ 460 ~ with · closigl conclmon o~ ~600 GPM e 85.6 TDH. Pump to bo furnished with two
Independent tue~betid~d seml~ seal Ioak dete~ocs, and t~.
S~,17S.00
Oeevery:, 8 -t0 wmdm alter roeolpt of order
F.O.B. Faeto,,~'rd~t Am, w to City
City of Delray Beach
Budget Transfer Form
(1) Departmental Une Transfer
(3) Intertund/Interdepc, h~ental Transfer
(2) Date August 29, 2003
(4) Batch Number
S) Requested By: C. Danvers Beatty, P.E., Deputy Director of Public Utilities
PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION · [8) TRANSFER OUT (9) TRANSFER IN
441-5144-536-64.90 Other Machinery & $26,175
Equipment
441-5142-536-63.90 Other Improvements $26,175
(10) TOTAL $26,175 $26,175
JUSTIFICATION: To provide funding for purchase of replacement pump at Lift Station
Depaffrnent ~ Assr C#y Manager
Flpalltce Dire~ctqr City Manager
(11) Budget Revbion Date
(13) Pmtod
(12) Cordml Number
(14) Count
ORIGINAL-BUDGET
CANARY-FILE
F'INK-DEPARTMENT
No,
Request to be placed on:
X Regular Agenda
Special Agenda
__ Workshop Agenda
AGENDA REQUEST
Agenda Item ~/~_. 4
Date: August 29, 2003
When: September 9, 2003
Description of item (who, what, where, how much): Staffrequests Commission approval ora purchase
from Sanders Compan¥~ Inc. for one dry pit/submersible sanitary sewerage pump in thc amount of
$26,175.00. The pump will be installed in Lii~ Station No. 50 and will replace an existing pump. Funding is
available fi.om Account # 441-5144-536-64.90, Other Machinery and Equipment.
ORDINANCE/RESOLUTION REQUIRED: YES/N....QO DRAFT ATTACHED YES/N._.QO
Recommendation: Staffrecommends approval of purchase from Sanders Company, Inc.
Department head signature: fi'" ~ "~ ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (.r, eqoired on aH items involving expenditure of funds):
Fundingavailable~Yl~)/NO ~ '~/$/a~ ~
Funding alt~ative~ ~ (if applicable)
Accost No. & Desc~ption ~ ~f' ~-f~ ~ -t V. y~
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
U:\wwdataWorms~Agenda Requests\03Aug27-AgendaReq - Sanders Company.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D
U M
TO:
FROM:
SUBJECT:
David Harden, City Manager
Rafael Ballestero, Deputy Director of Construction
Construction Division Backhoe Loader
www.mydelraybeach, com
DATE:
August 28, 2003
Attached for Commission approval is an Agenda request for the purchase of a hydraulic broom
with water implement, brackets, and installation labor, for our construction division backhoe
loader, #422. This equipment will increase the number of days available for pipe installation by
greatly reducing jobsite cleanup time. Jobsite cleanup is currently performed manually, and is
labor intensive. This hydraulic broom will attach to the backhoe loader via the quick coupler
brackets previously requested for this machine.
Attached for review is a quotation from Nortrax, which is the trade name for the John Deere dealers. This
is a sole source provider of John Deere equipment.
The total cost for this request is $17,195.00.
Attached is the appropriate budget transfer from 441~5142-536-63.90, other improvements, to 441-5145-
536-64.90, other machine & equipment.
CC~
Richard Hasko; Director of ESD
City Clerk's Office
Agenda File
file
S:\EngAdmin\Construction Division~Ballcstero~hydraulic broom request Agenda memo.doc
SEP-fl4-2Oflt(THU) 13:58 NORTRAX BE - WEST PALM BEACH (FA×)SfiI8487099 P, OH2/O02
QUOTE FOR 410E BACKHOE SIN 8341 B0
4/17/20n3
Part Number Description Nte Price Ext, Pr[ce
1 410E-COUPLER QUICK COUPLER KIT 3,162.50 3,162.50
1 41 DE-BLANKS BUCKET CPLR BRKT$ 1,187.$0 1,187.50
1 410E-FORKS FOKS 3,562.50 3,B62.50
1 410E-BROOM HYD BROOM 13,043.75 13,043.75
I 410E-BROOM WITH WATER 15,456.2.5 15,456.25
1 41nE-HOUSE KIT KIT FOR BROOM 238.75 238.75
1 410E-LABOR LABOR FOR BLANKS 900.00 9nn.0O
1 410E-LABOR LABOR FOR HYD KIT 1 ,~O0.0O 1,500.Q0
F.O.B. Factory.
39,051.25
PRICES ON QUOTE ARE STILL GOOD FOR ANOTHER 60 DAYS FI{OM 94-03
PLEASE CALL IF YOU HAVE ANY QUESTIONS 361-848-6618
THANK YOU FOR BUSINESS ,
LEE~D TIME ON ALL PIECES ARE ABOUT 30 DAYS FROM ORDERING
Jeromy Mann / Pa~ts Expeditor
QUOTE FOR 410E BACKHOE SAN 834180
4/17/2003
Qty Part Number Description
~. 1 410E-COUPLER
I 410E-BLANKS
· 1 410E-FORKS
-1 410E-BROOM
-1 410E-BROOM
1 410E-HOUSE KIT
1
1
Nte Price E~t. Price
QUICK COUPLER KIT 3,162.$0
BUCKET CPLR BRI(-rs 1,187.50
FOKS 3,562.50
HYD BROOM 13,04,3.75
WITH WATER 15,456.25
KIT FOR BROOM 238.75
3.162.50
1,187.50
;3,562.50
13,04,3.75
15,456.25
238.7'5
410E-LABOR LABOR FOR BLANKS 900.00 900.00
410E-LABOR LABOR FOR HYD KIT 1,500.00 1,500.00
Total->
39,051.25-
F O B Fac'toW
LEED TIME ON ALL I~IECES ARE ABOUT 30 DAYS FROM ORDERING. '/
/
PLEASE CALL IF YOU HAVE ANY QU?S'I'IONS 561-,848-661S
THANK YOU FOR BUSINESS ,, ' *" ~ .....
LEED TIME ON ALL PIECES ARE ABOUT 30 DAYS' FROM ORDERIN G.
City of Delray Beach
Budget Transfer Form
Departmental Line Transfer
Interfund/Interdepartmental Transfer.
Date: September 2, 2003
Batch Number
Requested By: Rafael Ballestero
TRANSFER IN I
~a 441-5142-536-63.90 O~er Improvemen~ 18,000.00
~a 441-5145 -536~4.90 Other M~h~e & ~uipment 18,000.00
TOTAL $18,000.0~ $18,000.00
Justification: To p~vide ~din~ for ~e p~h~ of h~d~lic b~m a~ent for b~ lo~er ~22.
Finance Director
Budget Administrator
City Manager
Original - Budget Cana~ - Project File Pink - Department
Agenda Item No. ~-~
AGENDA REQUEST
Date: August 28, 2003
Request to be placed on:
--X--Regular Agenda
Special Agenda
Workshop Agenda
When: September 9, 2003
Description of item (who, what, where, how much):
Attached for Commission approval is an Agenda request for the purchase of a hydraulic broom with water
implement, brackets, and installation labor, for our construction division backhoe loader, #422. This
equipment will increase the number of days available for pipe installation by greatly reducing jobsite
cleanup time. Jobsite cleanup is currently performed manually, and is labor intensive. This hydraulic
broom will attach to the backhoe loader via the quick coupler brackets previously requested for this
machine.
Attached for review is a quotation from Nortrax, which is the trade name for the John Deere dealers. This
is a sole source provider of John Deere equipment.
The total cost for this request is $17,195.00. Attached is the appropriate budget transfer from 441-5142-
536-63.90, other improvements, to 441-5145-536-64.90, other machine & equipment
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recor~ds a/~to N~ purchase of hydraulic breom
Department head signature: \~--.-r
Determination of Consistency with Comprehensive Plan:
attachment.
City Attorney Review/Recommendation if applicable):
Budget Director Review (reO~Ur.ed on all items involving expenditur~ gf funds):~
Funding available:~.E~/NO after budqet transfer ,[,~ -------~'
Funding alternatives (if applicable): see above C/''
Account No. & Description *"/Y/
Account Balance
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Construction Division\Ballestero~AgReq hyd broom request08.28,03,doc
MEMORANDUM
TO:. Robert A. Barcinski, ~ssistant City
FROM: Patsy Nadal, Buyer /
THROUGH: Joseph Saffor~e Director
DATE: 9/3/2003
Manager
SUBJECT: APPROVAL OF THREE (3) YEAR COPIER LEASE AGREEMENT
WITH IKON OFFICE SOLUTIONS
Item Before Commission:
City Commission is requested to approve a three (3) year lease agreement with Ikon Office
Solutions for an Ikon Image Runner 105 copier. The cost for the lease is $812.13 per month,
$9,745.56 per year and $29,236.68 over the 36-month lease. Maintenance and 60,000 copies
per month is included, via the Miami-Dade Contract #143-BB05.
Bacl~round:
Due to the industry transition fi.om analog to digital technology the cost associated with repair and
ma'mtenance of analog copiers has increased to the point where it is not a sound decision to continue
maintaining analog technology with the increasing unavailability of parts needed for repair, resulting
in extended periods of downtime.
The current cost of the ma'mtenance agreement on the Kodak 2085/AF, including copy charges
is averaging $1,157.50 per month. The Kodak 2085/AF was manufactured in 1992 and
purchased by the City in 1994. The copier has been out of service 75 to 80% of time in the last
few months. This is due to the age of this equipment and the unavailability of parts for repair.
Recommendation:
Staffrecommends the approval of a three (3) year lease agreement with Ikon Solutions for the
Canon IR 105 copier for the total amount of $29,236.68 over the 36-month lease period.
q
Funding fi'om account code: #001-1411-512-46.2C
Attachments:
Agenda Request for 09/09/2003
Memo fi'om City Clerk
Vendor Proposal
cc: Jackie Rooney, Purchasing Manager
lvJZMO
PURCHASING DIVISION
TO:
FROM:
THROUGH:
SUBJECT:
Barbara Garito, City Clerk
Patsy J. Nadal, Buyer
Joseph Saffor~ Director
Copier Replacement- Kodak 2085/AF
Revised-Threa-Hole Punch Finisher Add-on
DATE: August 25, 2003
The current cost of the maintenance agreement on the Kodak 2085/AF, including copy charges
has been an average cost of $1,157.50 per month. The Kodak 2085/AF was manufactured in
1992 and purchased by the City in 1994.
Due to the industry transition from analog to digital technology the cost associated with
maintaining analog copiers has increased to the point where it is not a sound business decision to
continue maintaining analog technology with the increasing unavailability of parts needed for
repair, resulting in extended periods of downtime.
The lease of new Digital Technology will not be an increase to the current monthly expenditures.
When supply cost, p~inting cost, labor cost, multiple asset management cost, and downtime of the
current copier for repair is factored, the department will actually realize a cost savings.
Per your request, a 3-hole punch finisher has been added to the Canon iR 105. The cost of the
finisher is an additional $21.77 per month. This is a greet feature for a very small cost. Currently
the department is spending an average of $1,425.00 per year for 3-hole paper. With this built-in
feature added, there will no longer be a need to have 3-hole punch paper on hand.
Pdcing per quotes:
Model Type Per Per Year Total Lease Overage CPM
Month Per Copy
Ikon C=.u- iR 8500 646.19 7,874.28 15,630.84 .0037 85
Toshiba e-Studio 697.86 8,374.31 25122.96 0038 81
Ikon Canon iR 105 812.13 9,745.56 29,236.68 .0037 105
GeS~e~er 8502 997.00 11,964.00 35,892.00 .008 85
Mino;ia Di850 1,008.11 12,097.32 36,291.96 .0075 85
Kyocera KM-8530 1.079.50 12,954.00 38,882.00 .0075 85
G~e~,=~ r 10502 1,262.00 15,144.00 45,432.00 .008 105
Danka Canon iR 105 1,358.97 16,301.64 48,922.92 .0037 105
Ikon currently has the best pricing for leased equipment via the Miami-Dade Contract #143 BB05.
Purchasing is recommending the Canon iR 105 for the speed of copies per minute and the
overage per copy cost.
The Canon iR 105 is intended for heavy usage and speed, with a Iong-ten~ drum life. The
Cannon iR 105 is well worth the cost when compared with an 85 cpm copier. This is an upgrade
in speed and technology from the existing copier that is an 85-page per minute analog copier.
Optional Network boards are not included
All include the following: 60,000 copies per month
Supplies - except paper & staples
Unlimited Service- Parts and Labor
Delivery, Installation and Training
APPROVAL OF 36 MONTH LEASE AGREEMENT:
If you approve of this 36-month lease agreement, please sign and date below.
Barbara Garit~ City Clerk Date
Attachments: Quotes
cc: Jac~ie Rooney, Purchasing Manager
Chevelle Nubin, Deputy City Clerk
Proposal Prepared
for
City of Delray Beach
City Clerks
Attention: Patsy Nadal
Image Runner 105
Miami-Dade Contract 143-BB05
System Highlights
· 105 PRINTS PER MINUTES
· Digital Scan Once, Print Many Technology
· 100 Sheet Digital Document Feeder
· 2 x1500 Paper Draws, 2x550 Paper Draws,
· 50 Sheet Multi-purpose Tray
· Limitless Automatic Two Sided Copying
~~/Punch Unit t00pg. Multi-Position 3,000 output.
· Image Server Memory196MB RAM + 10GB HD
· Tab Copying and Insertion
· Copy Reservation- 5 copy Jobs, Job Building- Unlimited
· 100 Mailboxes-Store& Merge Print or Scanned Documents
· Mailbox capacity-approx. 7,700 pgs, 2,000 docs, 1,000docs/box
· Dept ID's- 1,000 with up to 7 digit password
Financial Considerations
Lease
Optional Network Bd.
36Months
$ 812.13
$128.16
Includes the following:
· 60,000 copies included per mouth, overage ~ $ .0033
· Ail supplies included except paper& staples
· Unlimited Service ( Part~& Labor) included
· Delivery, Installation and Training
Proposal Date: 08/04/03 Revised
Paul Frauklin
Government A~~
Page 1 or' 1
Nadal, Patsy
From: Franklin, Paul [PFranklin@lKON.com]
Sent: Wednesday, July 23, 2003 9:25 AM
To: 'Nedal~ci.delmy-beach.fl.us'
Subject: City Clerks Kodak 2085
Patsy,
The Kodak 2085 has no trade-in value, Ikon will remove Kodak 2085 ~ No Charge to City of Delray, if
we recieve the order.
Paul Franklin
Major Account Executive
South Florida District
IKON Document Efrp~i~r~cy At Work
561-689-6500-7217 %~ ~"~'
Fax 561-689-79.p~,2.
pflanklin~ikon,cqm
8/4/2003
Request to be placed on: September 09, 2003
Date: September 03, 2003
XX Consent Agenda
Description of agenda item:
__ Special Agenda
Workshop Agenda
The attached agenda item is for City Commission approval for a three (3) year lease agreement
with Ikon Office Solutions. The lease agreement is for a Cannon iR105 copier with terms as
follows: 36-month lease, maintenance, and 60,000 copies per month.
Cost of lease: $ 812.13 per month
$ 9,745.56 per year
$29,236.68 36-months
Overages copies billed at $.0037 per copy.
ORDINANCE/RESOLUTION REQUIRED: YES
NO X
Draft Attached: YES NO
Recommendation:
Approve the 36-month lease agreement with Ikon Office Solutions for the total amount of
$29,236.68 for the lease of a Canon Ikon Image Runner 105. Funding from account cedes
001-1411-512-4~:20-
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: (~)~Vc:_ ~',/~,'/~' No
Funding alternatives: (if applicable)
Aocount Number: Oo I-I'¥1/
Account Description:
Account Balance:
City Manager Review.
Approved for agenda:
Hold Until:
No
· A~enda Coordinator Review.
Received:
Action: Approved Disapproved
To~
From:
Date:
David T. Harden, City Manager
Joseph M. Safford,C"~ce Director
August 28, 2003
Subject: MIS Request for Intrusion Detection System
In an effort to significantly improve the internal and external security of our current MIS
network, we are requesting the immediate purchase of an Intrusion Detection System
consisting of a server, intrusion detection hardware and software and SPAM (unsolicited
e-mail) software. Although this was included in our capital improvement requests for
next year, we feel with the current increase in hacker virus, worm and spare activity this
should be purchased at this time. Funding for this request would come from current MIS
accounts and the General Renewal & Replacement Fund.
The current MIS system contains virus protection software which is updated daily. We
also have firewall protection hardware which contains stringent restrictions on the type of
information that is allowed to enter our systems. However, neither of these packages will
prevent all viruses and worms, especially those that focus on minute-by-minute
vulnerabilities of a system. This has recently been brought to light with several
international viruses and worms that have infiltrated several large firms especially in the
United States.
For further explanation, a firewall is a hardware solution that consists of a number of
ports (entrances into the system). The firewall allows us to close ports and not allow any
entrance or access into our system; however, several pons must remain open to allow for
activity and communication to and from our City such as our website, remote stations
with dial-up modems, DSL lines and wireless systems. These openings would allow for
viruses and worms to enter our system and this new intrusion detection system monitors
open ports and would prevent any harmful virus or worm activity. The intrusion
detection software operates in front of the firewall to monitor Internet activity and behind
the firewall to monitor internal network activity (VPN traffic, wireless connections, and
other types of semi-trusted connections).
In addition, several users have been inundated with high levels of SPAM activity
recently. For example, the Purchasing Supervisor opened her system the other day and
had 93 individual SPAM messages. Over a dozen employees were impacted on this day
alone. We feel this is a reaction to the Federal actions recently taken on firms to restrict
the use of call centers and solicitation by phone. Although our current systems restrict
several messages from getting through that contain certain words or phrases, these SPAM
artists are modifying their messaging to circumvent our systems. The upgraded software
being requested is constantly updated to stop this unnecessary messaging within our
system.
We feel that this request is "part of doing business" and look at it as a form of normal
infrastructure maintenance. There are persons "out there" that are purposely attempting
to destroy internal systems. The importance of this infrastructure maintenance cannot be
understated since any form of internal virus or worm could have a devastating affect on
our operations, programs, data, and data files. Therefore, we feel that this request should
be implemented immediately.
The hardware and software request consists of the following: · (2) Cisco Secure Intrusion Detection System (IDS) Sensors, Chassis, Operating
Software ($17,250)
· Cisco SmartNet Maintenance (Annual) ($2,014)
· Cisco Security Agent Manager Software ($13,186)
· Cisco On-Site Installation ($3,500)
· Mission Critical Systems eSafe Advanced Anti-SPAM Service (Annual) ($3,772)
· Mission Critical Systems eSafe Reporting Module ($4,000)
· IDS Server- (~8,520)
· Total Cost- ($52,242)
Funds to cover this cost will be taken from 334-6112-519-64.11 ($32,000) with the
balance coming from various MIS accounts (see attached Budget Transfer form).
Please forward this information to the City Commission for their review and approval.
Encl:
Cu~ent articles on viruses and worms
Cisco quote for IDS hardware, software (StYe Contract #250-000-03)
Mission Critical quote for e-safe service and software ($7,772)
CompUSA quote for IDS server ($8,520)
cc: Guy Buzzelli, MIS Manager
Page 1 of 2
Del Portillo, Ed
From: richard@a2000ns.com
Sent: Friday, Apd125, 2003 8:27 AM
To: delportillo~ci.delmy-beach.fl.us
Cc: rich~a2000ns.com
Subject: IDS Estimate from A2000 Network Solutions
A2000 Network Solutions
235 Goolsby Blvd
Deerfield Beach, FL 33442 954-
480-8430
NAME / ADDRESS
City of Delray
Guy Buzzelli
100 N.W. 1st Avenue
Delray Beach, FL 33444
rrE~
2 IDS-4235-
Kg
2 CON-SNT-
PKiO
I CSA-BiO-
ISRVR-K9
1 1 Service
DESCRIPTION
Cisco Secure IDS 4235 Sensor,
Chassis, Software, SSH,
10/100/1000Base T w/R3-45
Cisco SmartNet Maintenance for
IDS 4235, 8XSXNBD, One Year.
Cisco Security Agent Manager
I(WIN + SOL) 10 Agent bundle
software. (customer provided
server)
On-Site Installation of Above
Equipment
QUOTATtON
DAll~ I ESTIMATE #
04/25/2003] 03-3089
P.O. NO. TERHS
Net 30
UNrr COST TOTAL
8,625.00 17,250.00
1,007.00 2,014.00
13,186.00 13,186.00
3,500.00 3,500.00
I TOTAL
(6.0%) $0.00
$35,950.00
SIGNATURE
I
I
8/21/2003
§
~I20~I02 City Of Delray Beach Florida 9/04/03
Vendor File Inquiry 11:01:54
Vendor number: 15556
Active/Inactive
: A
Name .... : COMPUSA CORPORATE
Address : STORE %481
1835 W HILLSBORO BLVD
TRAIL PLAZA
City : DEERFIELD
State . . . : FL FLORIDA
Zip Code : 33442
Contact , : LOUIE AVANTINO
Terms :
Discount percent .... : .00
Nbr of days: Discount due: 0
Net due : 0
Day of month due : 0
Phone nbr :
FAX nbr :
Tax percent :
Ship VIA :
F.O.B :
Minority status
NONE
954 574-8090
954 574-8084
.00
: N
Last activity date
Y-T-D purchases :
Pry yrs purchases :
Credit limit . .
Minimum purchase
: 8/22/03
27538.00
.00
0
0
F12=Cancel
I~P Public Sector Online Store
Page 1 of 2
&]
Date: 914/2003 9:50:19 AM
Contract Name: STATE AND LOCAL PRICELIST
Prices in this quote are valid for 30 days and are subject to change without notice.
Use your file - Print Option to print this order for your future reference.
online Price Quotation
Prefix FirstName
I
Address
i
I
City
I
Count~
I
Customer Comments
Reference Purchase Order Number
Lastname
State/Province
Postal Code
I
If an HP Referral Partner has assisted you with this order, please enter their information below:
HP Partner ID I
Partner Name I
city
State I
Product availability and product discontinuation is subject to change without notice.
items/description
310587-001 - ProLiant DL380 G3
Intel® XeonTM Processor 3,06 GHz -
Rack Model
Intel® XeonTM Processor
3.06GHz/512KB
Intel® XeonTM 3.06GHz/533-512KB
Processor - Option Kit
2GB Base Memory (4x512)
Integrated Smart Array 5i Plus
Controller
Battery Backed Write Cache Enabler
Option Kit
Hot Plug Drive Cage-Ultra3 (5 x 1" and
1 x 1.6")
part no unit price qty ext price
Base $7,694.00 1 $7,694.00
310587-001
257916-B21
2GBDDR-
01G
Included
255514-B21
Included
http:~~g~m~c~mpaq~c~m/g~mcart/printpage~asp?pag~=cart&printview=yes&~i=E9CED&sh~~~~ 9/4~2003
HP Public Sector Online Store Page 2 of 2
RAID 1 setting (Requires minimum of 2
matching ddves)
146.8 GB Pluggable Ultre320 SCSI
10,000 rpm Universal Hard Ddve (1")
146.8 GS Pluggable Ultra320 SCSI
10,000 rpm Universal Hard Drive (1")
Hot Plug Redundant Power Supply
Module (NEMA cord) (NA)
DL380 G3 Redundant Fan Option Kit (3
fans)
1.44MB Floppy Disk Ddve
24X Low~profile IDE CD-ROM Ddve
Two (2) Compaq NC7781 PCI-X Gigabit
NICs (embedded) PC110/100/1000
WOL
hp NC6170 Dual Port PCI-X 1000SX
Gigabit Server Adapter
Sliding Rails and Cable Management
Arm
SmartStart & insight Manager 7
Integrated Lights-Out Management -
standard
3-year limited warranty
24-Hour x 7-Day, 4-Hour Response On-
Site Coverage - 3 Years
143445-1ND
286716-B22
286716-B22
313054-001
293048-B21
Included
Included
Included
313879-B21
Included
Included
Included
Included
162657-002
$826.00
$826.00
$8,520.00
Estimated Lease Cost: ~
http://gem~c~mpaq~c~m/gemcart~printpage~asp?page=cart&printview=yes&~i=E9CED&sh~~~~ 9/4/2003
f~,'competieon between hdephoee companies, iSP~ PAGE 10.
new worms take their toll on Windows network~ PAGE 14.
The leader in network knowledge · www. nwfusion.com
II"'l'l"l"l'l"ll'l'l"l"l'l"l'l"l"li"'ll'l
August 25, 2003 · Volume20, Number34
roOrta, bility near
r w, reless set
· BY DENISE PAPPALARDO
Customers want it and the FCC
says they soon can have it, but
wirel~ number portability won't
be without its hassles.
The FCC has given wireless car-
dem until No~ 24 -- just in time
for Thanksgiving -- to let cus-
tomem switch providers without
giving up the numbem they hold
But carriers continue to fight
the seemingly inevitable, seeking
the commission's permission to
charge more lees to cover the
and looking to impose further re-
stricflons on customem. The FCC.
which has granted carriers three
deadline extensions in recent
years to let them better prepare
for wireless number portabilit%
says it plans to make this dead-
line stick and settle the ongoing
debate well in advance of Nrta 24.
For their part, many customers
are ready to see what's on the
other side of the fence (see
graphic, right). Some say they
hope to strike better deals; others,
such ms Intrust Bank. are looking
for improved customer sewice.
'[Wireless number portabilfly]
is a tremendous opportunity Ior
business users; says E. Patrick
Rooney, assistant vice president
ol operations at Intmsh a large
chain of banks in the Midwest.'lt
is a huge administrative and cus-
tomer relations problem if you
ha~e to change phone numbers
because you've changed your
Jeff Maszal, principal al The
Will they stay or will
they go?
Customers are spilt over
whether they will exploit
wireless number port-
recent survey of 100 com-
panies with more than 500
employees.
32%
28% "
Foundry readying
WLAN assault
User group's
demise is
sign of times
· BYLINDA LEUNG
The dosing earlier this month
of the 55.yearold Communica-
tions Managers Association, one
of the most influential organiza-
tions for network executives dur-
1.25.03
Attack of the worms: Feds
Latest round of attacks prompt call
for more aggressive patch programs
BY DIANE FRANK
Avariant of an Internet comput-
er worm disrupted network op-
erations at several federal agen-
des last week, prompting calls for a m~re
aggressive effort to apply patches to op-
erating systems' security flaws before
viruses can exploit them.
The worm, known as Welchia, under-
scores how swiftly agencies need to
move to apply patches enterprisewide
once a vulnerability has been exposed.
Most agencies avoided serious dis-
ruption of network services the week of
Aug. H, when the original and slower
worm, Blaster, surfaced. That was large-
ly because patches had been loaded on
~s many systems as possible. However,
because agencies were still applying fix-
es when Welchia struck a week lat-
er, some lost their connection to
the Internet, seriously affect-
ing operations.
"Basically, it acted as an
unintentional denial-of-ser-
vice attack," said Capt. Chris
Christopher, staff director
of the Navy Marine Corps
Intranet, referring to an
attack that is designed to
bring a Web-based sys-
tem down by flooding it
with traffic. The variant,
which attempts to erad-
icate the Blaster worm,
caused NMCI's first se-
rious shutdown in the
highly secure network's
short history.
Both worms take ad-
vantage of a remote pro-
cedure call vulnerability
irt several EDS,
Microsoft Corp.'sWin-
dows operating sys-
tern. The first alert about the vulnera-
bility and patch were issued July 17 (see
"Close up:Worms;' Page 9)-
The Navy was not Welchla's only fed-
eral casualty. The Department of Veter-
ans Affairs also found its network could
not handle the load. Although the
agency managed Blaster fine, "this week,
with variant B, what we learned is that
the antivirus side of our house is in good
order, but the patch management side is
horrendous," said Bruce Brody, associ-
are deputy assistant secretary for cyber-
and information security.
The incident got the attention of the
VA's top executives. "There is a push by
the secretary to get a very aggressive
patch management approach in place
within a year across the
enterprise,"
Brody said. "This week we got hit pret-
ty hard.... All those unpatched systems
really caused us problems this week,
and we put out the patch order as early
as July x6, so there's no excuse for those
systems not to be patched."
Many experts cited poor patch man-
agement as a primary reason theWelchla
worm succeeded, and warned that fu-
rare attacks of the same caliber will con-
ffnue to cause problems for government
and industry alike.
"The days of manual patching are
over," said Michael Brown, director of the
Federal Aviation Administration's Office
of Information Systems Security.
"We really have to have a set of tools
that allows us to touch the entire enter-
prise at once, because any untouched sys-
tem is a vulnerability," said Jim
Kennedy, the Internal Revenue
Sen, ice's program manager for en-
terprise systems management.
Manually applying patches worked
in the past because organizations had
I
let wake" p " ..... ..................
U CSll ~hat the past few attacks demon-
strated most clearly is that systems
fewer systems, and the time between
when a vulneralYility was discovered and
when it was exploited was fairly long.
However, even the IRS, which used au-
wrested tools and procedures to test and
apply the Micro,oft patch for the lat-
uaily, she said.
It's true that security vendors have
not provided such a solution, but "the
No. x thing people have to understand is
that automatic patch updates [are] iust
software updates," said lohn Pescatore,
administrators really need to know
their networks and exactly what is on
their systems, said Jaime Borrego,
director of information assurance in
the Office of the Chief Information Of-
ricer within the Executive Office of the
President.
est vulnerability, was unable to ~ ~ vice president for Internet security re- Without that kind of detailed knowl-
finish before the Welchla vari- ~[~ search at Gartner Inc. And there are ed_ge, even the most prepared adrninis-
ant hit. ~ plenty of software distrib- -- -- trawrs cannot be sure they
Security ofriciais recognize the ~ utionandmanagementso- OntheWeb have deait with all vulner-
shortcomings but can do little to ~1 lutions, such as the IBM abilities, he said, and the
· Read about the Internal .
rix them in the immediate future, ~k~ Corp. T~voli solution the ...... bigger the orgamzatlon, the
· . i~ - neveoue ~erwce s perch
smd Saihe McDonald, who~ ~ dissemination process bigger the
problem.
oversees the Federal Corn- online at w~n~.~w, com. "I think we're really just
purer Incident Response
Center, now part of the
Homeland Security Depast-
merit. Vendors have yet to
provide an automated sys-
tem that can apply patches
as quickly as agencies need
them, in part because sys-
tems within agencies are
not standardized and must
often be dealt with individ-
could not be downloaded remote?
was sending people out
to physically TePa rne~rk
Close-up: Worms
seeing the beginning of the
Microsoft Corp., the Federal Computer Incident Response Center
and many other organizations first put out alerts back in mid-July
for the vulnerability used by the Blaster worm and the Welchla
variant. Microsoft made the patch available at that time.
The original worm was easier to block because it only used one
of the exploits for the vulnerability and did not spread rapidly·
The variant, however, rooted quickly through networks, looking
for Blaster by several means in order to remove it and automati-
cally apply the Microsoft patch.
"That generates a huge amount of traffic inside the organiza-
tion..and it can take weeks to a month to roll out a patch," said
Vincent Weafer, senior director of Symantec Corp.'s Security Re-
sponse Center·
new and improved things that
will be hitting our systems and
how quickly they can move,"
McDonald said. "We've got to
look at this two-week period as
a wake-up call. There was noth-
ing significant that was dam-
aged this time. but the
was
there:' ·
· performance of t he
There are stiff several other ways to exploit the vulnerability, so ~ .
systems administrators and home users should continue working ~]s incredible.
to apply the patch on any untouched systems, warned Scott Pals- p for a cou-
lay, technology director for Internet Security Systems·
- Diane Frank
lob at deploying
netwo~ d
· opte don't rush to
last week
to shut
because the
for
(1) Departmental Une Transfer
(3) Intertund/Interdepartmental Transfer
City of Delray Beach
Budget Transfer Form
(2) Date 09-04-0~
(4) Batch Number
(S) Requested By: J.Safford/G.Buzzelli/aam (R&R and MIS accounts)
PROJECT# (6) ACCOUNT NUMBER (7) DESCRIPTION (8)TRANSFER OUT (9)TRANSFERIN
334-6112-519-64.11 Computer Eqpt $32,000
-66.10 Software $32,000
001-1811-513-46.20 Eqpt Maint
-31.90 Other Prof Svcs $ 3,500
-46.90 Maintenance-Other ~,790~z'/~
-64.11 Computer Eqpt
-66.10 Software 2,440
(10) TOTAl
JUS~FICA~ON: Purchase Intrusion Detection System (IDS) to improve the internal
and external securitv of the C~tv~ nmtw~r~ (~
Requested a~roval at.Cit~ Commission meetin~ of 09-09-03.
Depadme~ Head~_R~O~ Asd GItyManager
Finance Director*'~ ~ q ~O~R CRy Manager ~c~ ~ ~/~,~
(11) Budget Revision Date
(13) Pertod
ORIGINAL-BUDGET
CANARY-FILE
(12) Control Number
(14) Count
PINK-DEPARTMENT
cc: Guy Buzzelli AGENDA ITEM NUMBER: ~'"'~
Request to be placed on:
X Consent Agenda
When: 09-09-03
AGENDA REQUEST
Date:
09~2~3
__ Special Agenda
__ Workshop Agenda
Description of agenda item: Purchasing of an Intrusion Detection System to improve the
Internal and external security of the City's network (see attached memorandum).
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES NO
YES NO
Recommendation: Approval is recommended by Finance Director and the MIS Manager,
X
Determination of Consistency with Co/m~r~hensive Plan: 'N/~ ~
City Attorney Review/Recommendation (if applicable): N/A
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: Yes X* No
*Once attached budget transfer is processed.
Funding alternatJves (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
Hold Until:
R&R (334-6112-519-, 66.10= $32,000
Various line items in MIS budget (001-1811-513) = Balance of purchase
334-6112-519-66.t0 ($820.00) (see budget transfer)
MIS accounts (see budget transfer)
No
Approved: Disapproved:
Agenda Coordinator Review:
Received:
Action:
[ITY OF DELRI:IY BEACH
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DATE:
MEMORANDUM
September5,2003
Writer's Direct Line: 561/243-7091
TO:
City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Permit and Hold HarmlessAqreement
The Amelong house is expected to be moved the weekend of September 13th and
14th. In order to facilitate the move, an agreement was prepared which provides
that property owners along the route will be notified of the move. The agreement
provides for repair and/or replacement of landscaping, signs, curbs, etc., where
necessary with like materials.
There is a warranty period of one year from the date of the move on replacement
and repairs. The City is named as an additional insured on the mover's insurance
and Mr. and Mrs. Eliopoulos agree to indemnify and hold harmless the City for all
damages caused by the move.
By copy of this memorandum to David Harden, City Manager, we are requesting
that this matter be placed on the September 9, 2003 consent agenda for
consideration.
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Gary and Allison Eliopoulos
PERMIT AND HOLD HARMLESS AGREEMENT FOR
RELOCATING AMELUNG HOUSE VIA TRAVEL
ON THE PUBLIC RIGHTS-OF-WAYS
THIS PERMIT AND HOLD HARMLESS AGREEMENT is entered
into this day of , 2003, by and between the
CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY")
and GARY ELIOPOULOS and ALLISON ELIOPOULOS (hereinafter
referred to collectively as "DEVELOPER").
WITNESSETH:
WHEREAS, DEVELOPER wishes to relocate a house within the
CITY by means of moving it through the rights-of-ways within the CITY; and
WHEREAS, CITY shall permit Developer to relocate the house by
means of moving it through the rights-of-ways within the CITY pursuant to
the terms and conditions set forth below.
NOW, THEREFORE, for the mutual covenants and matters set forth
herein, as of the date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. DEVELOPER shall be permitted to move a house from 1125
Vista Del Mar Drive, Delray Beach to 106 12th Street via A1A, Atlantic
Avenue, 5t~ Avenue, George Bush Blvd., 3rd Avenue and '12t~ Street to the
signs, or any
DEVELOPER,
house whether owned by the CITY or private parties.
vacant lot west of 106 12th Street, as shown on Exhibit "A," on September
13 and 14, 2003.
3. DEVELOPER, in consideration of the permit issued herein by
the CITY and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, agrees to defend, indemnify,
and hold harmless the CITY and the State, their agents, officers,
employees and servants from any and all claims, suits, causes of action or
any claim whatsoever made, and damages, including, but not limited to
reasonable attorney's fees and costs at the trial and appellate levels,
proximately caused by the negligence of the DEVELOPER, their
contractors or agents in relation to the work performed by them in moving
the house in the State and CITY right-of-way and as more particularly
shown on Exhibit "A".
4. DEVELOPER shall, at DEVELOPER'S sole cost and expense,
repair or replace, if repairs cannot be performed, as determined in good
faith by the CITY, any and all trees, bushes, landscaping, curbs, lights, or
property of whatever kind removed or damaged by
their contractors or agents in the course of moving the
All repairs and/or
2
replacements shall be made with materials of like kind and quality, subject
to availability; damaged or destroyed landscaping shall be replaced with
landscaping of the same kind, maturity and/or size, subject to availability.
All repairs shall be warranted against defects in materials and workmanship
for a period of one year from the date the repairs are completed. All
landscaping replaced by or through DEVELOPER shall be warranted
against defects in materials for a period of one year from the date of
DEVELOPER shall not be responsible for damages to
by events that are unrelated to
installation.
landscaping, etc. that were caused
damages caused by moving the house.
5. DEVELOPER shall supervise and
direct the moving of the
house, applying such skills and expertise as may be necessary to perform
the work in accordance with the permit granted herein. DEVELOPER shall
be solely responsible for the means, methods, techniques, sequences and
procedures of the relocation of the house.
6. DEVELOPER agrees to provide advance notice to all adjacent
property owners from 1125 Vista Del Mar Drive to 106 12th Street, Delray
Beach whose properties abut the route of travel, in the form attached
hereto as Exhibit "B".
3
7. DEVELOPER agrees to deliver letters to affected property
informing them of how to care for trees fallen or damaged as a result of
DEVELOPER'S moving of house through and on rights-of-ways located
within the CITY, in the form attached hereto as Exhibit "C".
8. DEVELOPER agrees to maintain maximum available clearance
for traffic at all times in all rights-of-ways utilized by DEVELOPER for the
move within the CITY while moving the house.
9. DEVELOPER and the CITY'S Public Works, Parks and Police
Departments shall each cooperate with the other to promptly conduct and
document an inspection of the route of travel on the dates of the move in
order to identify and document any and all property damage resulting from
DEVELOPER, their contractors or agents in the course of moving the
house.
10. Any claims, lawsuits or disputes that may arise under this
Agreement shall be governed by the Laws of Florida, with venue in Palm
Beach County, Florida.
11. This Agreement constitutes the entire agreement and
understanding of the parties, as it pertains to relocation of the house.
There are no representations or understandings of any kind not set forth
4
herein. Any amendments to this Agreement must
executed by both parties.
12. DEVELOPER or their contractor shall
be in writing and
maintain worker's
compensation insurance in an amount required by law and general liability
insurance in the amount of One Million Dollars ($1,000,000.00) governing
bodily injury and property damage in standard form, insuring the CITY as
additional named insured. DEVELOPER or their contractor shall provide
this information to the CITY on a Certificate of Insurance that is acceptable
to the CITY, prior to commencing installation or construction.
13. This Agreement shall not be valid unless signed by the City
Manager, or his designee, and City Clerk.
IN WITNESS WHEREOF, the parties hereto have entered into this
Agreement the date and year first written above.
ATTEST:
By:.
City Clerk
Approved as to Form:
CITY OF DELRAY BEACH, FLORIDA
By:
Robert A. Barcinski,
Assistant City Manager
City Attorney
5
WITNESSES:
GARY ELIOPOULOS
(Print or Type Name)
(Print or Type Name)
By:
Print Name:
Address:
Phone:
WITNESSES:
ALLISON ELIOPOULOS
(Print or Type Name)
(Print or Type Name)
By:.
Print Name:
Address:
Phone:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __ day
of , 2003, by
(name of officer or agent, title of officer or agent) of
(name of corporation), a
(state or place of incorporation) corporation, on behalf of the corporation.
He/She is personally known to me or has produced
as identification.
(SEAL)
Signature of Notary Public-State of Florida
6
STATE Of FLORIDA
COUNTY Of PALM BEACH
The foregoing instrument was acknowledged before me this __ day
of , 2003, by
(name of officer or agent, title of officer or agent) of
(name of corporation), a
(state or place of incorporation) corporation, on behalf of the corporation.
He/She is personally known to me or has produced
as identification.
(SEAL)
Signature of Notary Public-State of Flodda
7
HOUri! ~V~NG OONTRACTOPI~'
TO ' Al.A,
TO, Adnnt~ Avatar,
Omni'Il .lln~ Blvd.
l~or sddftionM ~ cor,~ct Pst I~ st
For I~'1~ ~ ~l~ own~s) ~
ATTENTION NEIGHBORS
PLEASE BE ADVISED THAT ON THE NIGHT OF SATURDAY
SEPTEMBER 13 AND IN THE EARLY MORNING OF SUNDAY
SEPTEMBER 14 (APPROXIMATELY 6:30 AM - 12:00
NOON)THERE WILL BE A HOUSE MOVED FROM 1125 VISTA
DEL MAR TO 106 NE 12TM STREET. THE ROUTE WH.L
COMMENCE AT 1125 VISTA DEL MAR AND HEAD EAST TO
AIA, FROM THERE IT WILL PROGRESS TO ATLANTIC
AVENUE AND CONTINUE WEST UNTIL IT REACHES SOUTH
BOUND FEDERAL HIGHWAY, IT WILL CONTINUE NORTH
ON FEDERAL TO GEORGE BUSH BOULEVARD, WEST ON
GEORGE BUSH OVER THE TRACKS, THEN IT WILL
PROCEED NORTH ON NORTHEAST 3z° AVENUE, THEN
WEST AT NORTHEAST 12TM STREET, CONTINUING UNTIL
IT REACHES 106 NORTHEAST 12TM STREET.
PLEASE MAKF~ SURE THAT ON THE DAY OF
THE MOVE THAT YOU DO NOT PARK ON THE
RIGHT OF WAY ON YOUR STREET, THIS IS
VERY IMPORTANT!!!
WE APPRECIATE YOUR COOPERATION FOR
THIS HISTORIC MOVE!!
IF THERE ARF~ ANY QUESTIONS PLEASE CALL
OR FAX ELIOPOULOS ARCHITECTURE:
PHONE: 276-6011 FAX: 276-6129
IF YOU RECEIVE THIS NOTICE IT MEANS THAT
THE TREES IN YOUR RIGHT OF WAYHAVE
BEEN REPLANTED DUE TO THE HOUSE MOVE.
THE AFFECTED TREES WILL BE MARKED BY
WOOD BRACES. PLEASE READ THESE
INSTRUCTIONS CAREFULLY.
YOU MUST PROVIDE ADDITIONAL CARE TO THE
AFFECTED PLANTS IN ORDER TO ENSURE THAT
THEY ARE MAINTAINED PROPERLY. THE PLANTS
MUST BE WATERED EVERY DAYS FOR TWO WEEKS.
MAKE SURE YOU FILL UP THE RECESSED RING
AROUND THE TREE WHEN WA TERING !!
WE ARE SORRY FOR THE INCONVENIENCE!!
IF THERE ARE ANY QUESTIONS PLEASE CALL
ELIOPOULOS ARCHITECTUI~F~: 276-6011
[6969 ON XS/X~] 9~:0T ~ £0/t0/60
Frc~; Jin Oparkmufl A~ The Idm~ulrl ~ FIYID:. MngUlm ~sfloy lng Ta: Tun1 ~ia~a.lo~
CERTIFICATE OF LIABILITY INSURANCE °"P ='] '"'""~
3.935 West. Colu~t~' BD44 A-2,J243.
RoS,Bv£11e M~E 55113
~h~Ge: 651-638-gZGQ r&l~: 651-638-9'/62
HO~OER. ~ CE1~IFI~All IDOES NOT MdEND, EXTEND OR
ALT~A THE ~'-B.~-~.G~ AFFORDED BY ~ FOUC~GG SE.OW.
14,1UREI~ AFPORD~IG (:aVERAGE
ACQKD Z64 (7,17)
s ~O00,~O0
05/02/03 05/02/04 m~
~ s 2 F 000, OO0
~/02/03 09/02/04
~1~ 0OO S5/O00 ~.
RESOLUTION NO. 61-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DEI.RAY BE~CH, FLORIDA, SUPPORTING A KINDERGARTEN
THROUGH EIGHTH GRADE PROGRAM AT THE VII J.AGE ACADEMY
WHICH IS A DEREGULATED PUBLIC SCHOOL ~rITH COMMUNITY
BASED SUPPORT LOCATED IN THE CITY OF DELRAY BEACH.
WHEREAS, the Village Academy School was a grassroots effort to break the cycle of poverty for
children residing in the Sguthwest and Northwest areas of Delray Beach; and
WHEREAS, the Village Academy plays an important role in the community by prodding a
comprehensive community program senred by a broad range of community and family services offered in
partnership with other agencies that fully support each student's success including academic enrichment;
recreational and cultural extracurricular activities; physical and mental health care; and nutrition; and
WHEREAS, the Village Academy has a profound effect on children and will help to increase the
number of students graduating from high school; and
WHEREAS, the Village Academy was established to raise academic achievement in a small
nummng environment; and
WHEREAS, the City of Delray Beach supports the expansion of the Vilhge Academy through
eighth grade.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DEl RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City of Delray Beach, Horida affirms its support for the expansion of the Village
Academy for a Kinderga~en through Eighth Grade program.
~ The City of DeLay Beach, Florida affirms its willingness to continue to serve as a local
supporter of the Village Academy Program and its small and nurturing environment.
Section 3. The City Clerk is hereby directed to provide copies of the resolution to the School
Board Members of the School EY~strict of Palm Beach County.
PASSED AND ADOPTED in reg.hr seuion on thi.q the 9~ day of September, 2003.
A'f fI~;ST: MAYOR
City Clerk
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
~CITY MANAGER
AGENDA ITEM # q ~- REGULAR MEETING OF SEPTEMBER 9. 2003
DELRAY BEACH MARINA RATES
SEPTEMBER 5, 2003
This is before the Commission to approve a rate increase to the Delray Beach Marina rates. At the
Regular Meeting on August 19, 2003, it was the consensus of the Commission that the City send out a
courtesy notice to noti~ the marina residents that on September 9, 2003, the City Commission will
consider the proposed rate increase of forty-five cent per foot per day for use of the marina.
The Parks and Recreation Department notified the marina residents via letter (copy attached) on
August 21, 2003 by both regular and certified mail.
Recommend approval of a forty-five cent increase to the Delray Beach Marina rates.
S:\City Clerk\agenda memoa\Delray Beach Marina~9.9.03
rlTY !
DELRAY BEACH
1993
2001
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Pdnt your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article ~dressed ~:
Mr. Robert Ashbeck
159 Marine Way Slip #11
Delray Beach FL 33483
A. Received by (Please Print C~erly)
7001 0320 0002 1745 7221
PS Fo~ 3811, JuN 1999 DomesUc R~m Receipt
August 21, 2003
Mr. Robert Ashbeck
159 Marine Way, Slip %11
Delray Beach, FL 33483
SENT BY CERTIFIED MAIL
144 . 561/243-7~C
Dear Mr. Ashbeck:
On September 9, 2003 at 6:00 PM in City Hall, City Commission will
consider raising the marina rates from $.30 per foot per day to $.45 per _
foot per day. As you are aware, significant improvements have been made
to the marina in the last year, and we anticipate replacing the piers
over the next several years.
You may give your input at the September 9=h meeting or you may call me
directly at 243-7251.
Sincerely,
DJ rd°onf Parks and Recreation
JW:cp
Ref:marcc9903
THE EFFORT ALWAYS MATTERS
I:ITY OF DELRI:IY BEI:II:H
DELRAY BEACH
NI-AmeficaCity
1993
2001
CiTY ~,'iANAG ~:i:t
100 N.W. 15t AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
David Harden
City Manager
Joe Weldon
Director of Parks and Recreation
Marina Rates
January 7, 2003
Attached please find a survey completed by the Parks and Recreation
Department on municipal and private marinas in the area. There is only
one municipal marina that has lower rates than we do (Ocean Inlet run by
Palm Beach County) and they do not permit liveraboard. The City of
Mollywood charges the same as Delray Beach for annual contracts. There
is also only one private marina that has lower rates than we do (Briny
Breezes Marina) and they do not permit live-aboard either. Delray Beach
municipal marina has had the same rates since December of 1990, i.e.
thirty cents per foot per day. We checked the consumer price index
issued by the U.S. Department of Labor Bureau of Labor Statistics and
found that, for our area, the cost of living index for the time period
from December of 1990 until September of 2002 rose 35%. If we were to
raise our rates by that percentage, the new rate would be forty cents per
foot per day. This is the same rate that is charged by Hollywood
Municipal Marina for their live-aboard slips and monthly off season, and
they are the second lowest rate among municipal marinas. As you are
aware, we recently renovated our marina at a cost of $548,067. The
monthly utilities are included in our rate and we offer showers, rest
rooms, laundry, free ice and a pumpout station.
I recommend our rates be increased fifteen cents per foot per day. This
still puts us at the lower end of what the public marinas are charging.
I have also attached two sheets showing the increase for our marina
residents at forty cents per foot per day and forty-five cents per foot
per day. Our marina facilities are competitive with what other marinas
offer and are in high demand as evidenced by the 314 people we have on
our marina waiting list for 24 slips.
THE EFFORT ALWAYS MATTERS
2
Please review and advise.
Sincerely,
J~ Weldon
Director of Parks and Recreation
Attachments
cc: Rich Connell
Assistant Director of Parks and Recreation
Ref: dhmarina
d
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~ ~ ~ ~ ~ ~ o z o z o
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Z o o
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MARINA SURVEY
Municipal Marinas
Ft. Lauderdale Municipal Marinas-Bob or Marlene Kimble: (954) 828-5423
3 separate marinas: extensive detailed rates (see attached sheet)
New River - 112 slips
Rates: $.90/ft./day 10/1-4/30 and $.60/ft./day 5/1-9/30 with
30' minimum
Water included
Electricity metered at $.05-$.45/vlf/day
Pumpout tank free to public
Truck fueling available by appointment; free to renters;
charge by foot for all others
$50 security deposit for comfort station key
ice sold, bags and blocks
Las Olas 60 slips
Rates: from $1-$2.50/ft./day 10/1-4/30 and from $.65/ft./day
-$1.50/ft./day 5/1-9/30, depending on length
Locked, gated marina with police substation located there
Water included
Electricity metered at $.08/kw hr. after initial hook-up fee
$50 security deposit for comfort station key
ice sold, bags and blocks
Cooley's Landing - 38 slips on Intracoastal
Rates: SI/ft./day 10/1-4/30 and $.65/ft./day 5/1-9/30
Water included
Electricity metered at $.08/kw hr. after initial hook-up fee
Portable pumpout available
Laundry, TV, showers available
$50 security deposit for comfort station key
ice sold, bags and blocks
Transients permitted
Hollywood Municipal Marina - (954) 921-3035
City of Hollywood Marina, 700 Polk St., Hollywood, FL 33019
Rates: $.40/ft./day for live-aboard (5 slips); $.30/ft./day for
annual rate with 26' minimum; $.45/ft./day for monthly rate
in season; $.40/ft/day for monthly rate out of season; $.70/
ft./day for daily rate in season; $.50/ft./day for daily rate
out of season: utilities are included
55 slips: 1 slip can take up to 128'; 15 slips up to 65'; 3 slips
up to 50' and rest 20' to 40'
Permit live-aboard up to a maximum of 5 slips by City Ordinance
Showers, rest rooms, laundry, ice machine available
Gas and diesel fuel available
Pumpout station can be used once a month free by residents; all
others - $5 fee
Transients permitted up to a maximum of 5 months
2
Lake
Park Municipal Marina - Doug Stout (561) 842-2724
Marina will be closed for 1~ - 2 years starting 10/1/02 for
extensive renovation
Rates: from $52.50/mo. $387.10/mo. depending on whether
you pay by the month or 6 months in advance or north or south
basin; 15' minimum (see attached letter)
Electricity included for minimal use; meter for each wing
224 slips; maximum boat length - 49'
Live-aboard permitted up to a maximum of 14 days
No showers, laundry or fuel available
Ocean Inlet Marina (County) - Shirley King ~ (561) 966-6642
6990 N. Ocean Blvd., Ocean Ridge
Rates: $6/ft./mo. with a minimum of 20'
Water included but electricity metered
20 slips
No live-aboard permitted
No overnights or transients
Rest rooms, snack bar and table for cutting fish available
Outdoor showers, picnic shelters, playground in park
Rent kayaks on a sub-contracted basis
Riviera Beach Municipal Marina - (561) 842-7806
200 E. 13th St., Riviera Beach, FL 33404
Rates: $.93/ft./day; $3.68/ft./wk.; $14.66/ft./mo.; $15.53/ft./mo.
for live-aboard; $7.90/ft./mo. for dry dock storage
32 ft. minimum; water and electricity included
145 slips; 230 dry slips
Transient rate-$.80/ft./day
Live-aboard permitted
Showers and laundry available
Gas and diesel fuel available
Private Marinas
Briny Breezes Marina (561) 276-7405
5000 North Ocean Boulevard, Delray Beach, FL 33435
$125/mo. up to 24'; $175/mo. up to 30'; $235/mo. up to 36'
10% discount for annual prepayment
68 slips
6 month minimum lease
No live-aboard permitted
Water, electricity, showers and rest rooms available
(max.);
Cove
1755
Marina (954) 427-9747
S.Eo 3rd Court, Deerfietd Beach, FL 33441
Rates: $535/mo. for 40' to $1,025/mo. for 70' on an anual basis;
includes water, electricity and cable TV
30 slips
Mostly power boats; few sailboats as shallow water
Live-aboard permitted on a case-to-case basis
Maximum transient stay - indefinitely; Si/ft./day
No rest rooms, showers, pumpout facility or laundry facilities
available, but coin laundry and hotels close by
Gas and diesel fuel available; no pumpout station
Charter fishing fleet, parasailing and small boat rentals
available
3
Delray Beach Yacht Club (561) 272-2700 Closed for extensive renovation
Rates (previously): $145/ft./year; $1.45/ft./day for transient
Water, electricity and telephone included
53 slips; maximum boat length - 140'
Live-aboard permitted for transients
Showers, rest rooms, ice, and laundry facilities available
Delray Harbor Club Marina - Jena Willoughby - (561) 276-0376
Rates: 30'-49' - $12.75/ft./mo.; 50' & over - $13.25/ft./mo.;
water and electricity included
Transient rate-$1.45/ft./night plus $4 per 30 amp cord and
$7 per 50 amp cord for electricity
42 slips; maximum boat length - 100'
No live-aboard permitted
Showers, rest rooms, fuel and swimming pool available
No laundry facilities
Security guards patrol at night
Barbeque areas
Ship store with ice, snacks, drinks
Frenchman's Marina - (561) 627-6358
2700 Donald Ross Road, Palm Beach Gardens, FL 33410
Rates: (see attached sheet)
$12.75/ft./mo. for annual; $15/ft./mo. for season (minimum of 5
mo.), $16/ft./mo. for month: rates do not include utilities
water and electricity - $55/mo. for 30 amp, $85/mo. for 50 amp;
3 docks metered at $.12/kwh
Transient rate: $1.40/ft./day for daily; $1.05/ft./day for weekly
(min. 7 days); $4.50/day for 30 amp, $6.50/day for 50 amp
137 slips
Live-aboard permitted
100' maximum boat length
Showers, rest rooms, laundry and ice machine available
Fuel and pumpout station available
Light House Point Marina - (954) 942-8118
$400/mo. for boats 25' or less; $449/mo. for 26'-30'; $575/mo. for
31'-35'; $679/mo. for 36'-40,; $759/mo. for 41'-45'; $569/mo.
for 46'-50'; $979/mo. for 50'-55'; $1,100/mo. for 56'-60';
$1,400/mo. for over 60' up to Si/ft./day
Electricity and water included
Daily transient rate $2/ft./day plus $7/day for boats over 40'
for water, electricity and trash pickup, $5/day for boats
under 40' for water, electricity and trash pickup
115 slips
Live-aboard permitted
Rest rooms, showers and laundry available
Pool and tennis courts available
Security - police cars do patrol, and Coast Guard docks their
boat nearby
Gas and diesel fuel and portable pumpout available
Marina Delray - 276-7666
Rates: $15/ft./mo. for wet slips; $11-$15/ft./mo. for rack slips;
water included; $2/ft./day for transient, extra for electric,
$40 minimum
5 wet slips, 60 dry dock (rack) slips; maximum boat length - 60'
Showers and rest rooms available; no laundry facilities
93 octane gas and diesel fuel available
Full service cruiser certified for boat repair
Palm Beach Yacht Marina - Tom-(561)588-9911
7848 So. Federal Highway, Hypoluxo, FL 33462
Rates: $12/ft./mo. on yearly basis, $14/ft./mo. on monthly basis
for slips: $14/ft./mo on yearly basis, $16/ft./mo. on monthly
basis in basin (protected area: see attached map); includes
water
electricity metered at $.10/kwh
100 wet slips, 300 dry dock slips (see attached sheet for rates
for dry dock)
No live-aboard permitted
Showers and rest rooms available; no laundry facilities; sell ice
Gas and diesel fuel and pumpout station available
Palm Harbor Marina - Melissa (561) 655-4757
400-A North Flagler Drive, West Palm Beach, FL 33401
$.65/ft./day for annual lease; $.85/ft./day daily rate for summer
(5/15-10/15); $.65/ft./day monthly rate for summer; $1.85/
ft./day daily rate for winter (10/15-5/15); $1.20/ft./day
monthly rate for winter; $.95/ft./day monthly winter rate for
a minimum of 6 month contract; 30' minimum
Utilities include electric, water, trash collection and cable TV:
minimum utility service fee of $50/mo. or $5 daily (see
attached sheet for further breakdown)
154 slips
Live-aboard permitted
Showers, rest rooms, laundromat and ice available
Gas and diesel fuel available
Sailfish Marina (561) 844-1724
Palm Beach, FL
From $6,300/yr. for 30' boat to $23,000/yr. for 110' boat; $.50/
ft./day monthly rate for 40' and under (5/1-9/30); $.55/ft./
day monthly rate for over 40' (5/1-9/30); $36/day daily
rate for 30' and under; $1.40/ft./day daily rate for 31'-35';
$1.65/ft./day daily rate for 36' and over (see attached
sheet for further breakdown)
Utilities (not included in yearly and monthly rates) range from
$50-$135/mo. depending on amps
96 slips
Live-aboard permitted
Bath house, laundry facility, ship's store (including ice),.
private fishing dock, restaurant, motel rooms, island boat
rental, water taxi available
Fuel available
No pumpout station
Two Georges Marina - Chris - (561) 736-2717 27 slips
No live-aboard permitted
Rates: $400 $600 per month depending on size of slip
Water and electricity included
Restrooms available; no showers
Fuel station to open next door in the near future
Ice available until Two Georges Restaurant closes
& boat
Ref:marinas
CiTY OF FORT LAUDERDALE
2001 - 2002 MARINE FACIUTIES
DOCKAGE RATES AND FEES
~WNTOWN FA~LITIES .
~&e~= ~an~ng M~lnn .~n~l Lf. (30' Mia)
IN~TAL FACI~E~
~ ~ Anchornge
F~a~ng
SIl~ ~ - Neeeel L[ (4~ MIn)
Face P~s - Nessel I.f. (~'
F~atl~ Dock WM S~ge · I Mon~
DAY D~GE ~TE8. ALL FACILEIES
R~onal Day Do,ge:
~ D~ - ~ 22' - 31'
Heft. Day -/B~s 32' - 40'
Half D~ -
Full ~ ·/Eoa~
Full Oay- ~ 22' - 31'
FU~; Day -~S 32'- 40'
FuU Day-/~e ~ 40'
WINI'ER I~IkTE5 SUMMER RATES
(OCTOBER 1 TO APRIL 30) (MAY 1 TO SEFTEMBEE 30)
Sase Florida Total Ba~e Florida Total
[3o¢~(age Lease Fee Deckage Dockage Lease Fee Cha~je
, Ghar~e Charge Charge Charge Chemic Charge
0.86 0.0~ 0.90 0,57 0.03 0.80
0.94 0,0~ 1,00 0,61 0,04 0.65
17,80 1.07 18,67 17.80 1.07 18.87
0.~4 0.0~ 1.00 0.61 0.04 0.~
1.65 0.10 1,78 0.75 0.0B 0.80
1.75 0.10 1,85 0.85 0.05 0.90
2.22 0.13 2,3~ 1.t8 0.07
2,~ 0.14 2.~ q,~2 008
283.02 16,98 3~,00 283,~ t6.9~
5.19 0,31 5.50 ~,19 0.31 8.~0
8,02 0,45 8.50 6,02 0.48 8.50
11,79 0.71 t2.60 11,79 0,71 12.60
1~,.15 0,~ 15.0~ 14,15 0,85 18,00
7.08 0,42 7.50 7,~ 0,42 7.50
9.91 0.59 10.50 9,91 0.59 10.50
14.15 0.8~ 15,CO 14.15 0.86 15.00
18.87 1,13 20.00 t8.87 1.13 2O,OO
mL~-ct'rl~ClTY · NEW RIVER DOCKS
30AMPS $ 0.05 /~tf~erdey
5ON,APB $ 0,15 /vlfperda~/
IOOAMPS $ 0,2§ I~fper~ay
:3-PHASE $ 0.45 /v~f per day
COMMERCIAL DOCKAGE - DOWNTOWN FACILIITES
Commercial Haft Day Dod.<,ageNessel 94,34 5,66 10o.00 94.34 5.66 100,00
Comrn~al ;ulL Day OaekageJVessel 188,68 t 1.32 200.00 188.68 11,32
C~mme~lal Sea,One; Dockage -/V,~ .a.~)I~,~ 0.75 0.05 0.80 0.75 0,05 0.~I.
OTHIg~ RATES, CHARGES FEES1 DISC¢~UNT~-AND DEPOSITS
~_~ ;CTRiCt'FY - ~ OLA~ &,coOLEY'8 LANDING t '~ Day
First day arrival charge based on hook-up faa. 30 AMPS $ 5.00
Metaredrateofe~eetaperkwhr.,chargeddaltY ~0AMP$ $ 10.(30
for mrn~ndar =f stay, with meter read by 2 p,m. 1~0 AMPS $ t5.00
~e'seconddayLoda~andfimeofcheak-o~t. 3.PHASE $ 45.00
TRANSIENT V=-'~e/OIBCOUNTS - OFF BASE FEE CHARGED
BOAT U,6. MEMBERS: 25% 3-Cay Maximum, Non-Oonba=l Customers of New River rvlargina[ Dacks Only
PAID MQNTHi. Y IN ADVANCE AT: NEW RIVER &COOLEyS lANDING
I Mcn~ ( 30-Day Minimum) 5% DisGount 15% Oi$cJount
3 Month ( gO-Day Minimum) t 0% Di~unt N.A. Discount
lB M~t}l (180-Dey Minimum) 15% DJsc0u~lt 20% Discount
. MISCELLANEOUS, CHARGES: Bagged Ice; $1 ,oQ with Sales Tax; ~lo~k ice $1,25 with Sales Tax
COMFORT STATION KEY DEPOSIT: $50.00 Security Deposit per t~rma of the Key Deposit Agreement.
~.~1~: Parking permits am issued free to registered customer in accord with the terms of the
Dockage Permit and Lease Agreem~t, whic~ al~ customers must sign in securing overnight dockage.
P P-OU? ND F ; Holding t~nk pump-out is free to the puMlc at ail fealties. Truck fueling available
only st ~ designated dock along New River. By pre-arranged appointment, this se~/ic.e is free to registered
customere; all othar~ are charged the 1 day per vessel lineal foot rate for the New River Marginal Docks.
Effective: October 1, 2001
CorreCted November 21,2001
7-2S-~02 1 :S91~M FROM LAKE PARK MAI~TNA 84~2 2T24. P. 1
LAKE PARK MARINA WETSLIP RATE SCHEDULE
SOUTH BASIN
ALL I~TES ARE PREPAID FEES
~ONTYff,¥ *lAX TOTA,L ,3EM~~ TAX S~- TOT~
RA~ MO~,Y ~UAL
387.10 23.~ 410.33 ~5,~ 14.70 259.70
ALL VESSELS MUST FIT/_NSJJ~ BOAT SLIP WITHOUT ANY PART
EXTENDING BEYOND PILINGS, TO PREVENT A NAVIGATION HAZARD
* All ~ require a two foot 'buffer zone' between the mi ar,:l dock for the protec'~on of the ve~gel.
One Month Period -Fimt to Last day of any Month
Six Month Period - April 1st or October 1st
A DEPOSIT OF ONE MONTH'S RENT IS DUE UPON APPLICATION FOR ALL
LEASES OTHER THAN DAILY RENTALS
TO BE HELD ON ACCOUNT.
A ONE TIME NON-REFUNDABLE $25 ADMIN FEE FOR ROUTINE CREDIT
CHECK IS REQUIRED BEFORE LEASE CAN BE PROCESSED
PLEASURE BOATS * SAiL OR POWER
NO UVE ABOARDS PERMITTED
1 ~ MILES NORTH OF THE LAKE WORTH / PALM BEACH INLET
mtesch2.wpd mv~ed 06/16/99
7--~-2~ ~g~ ~RC~4 LAK~ PARK ~tARINA ~4~ ~'72A gL ~
LAKE PARK MARINA WETSLIP RATE SCHEDULE
NORTH BASIN'
ALL RAT~S ARE I~REPAEO FEES
SLIP S~ZE ~,lox'm~.¥ MONTHLY ~or.,l, 8EMI. ~- SEI~- TOT~
~6 4.~ ~.~ 3.~ 67.~ 3.50 ~.~ 3.~ 59.36 ~.16
18 4,00 72,~ 4__32 76,32 3.~ 63.~ 3,78 ~,78 ~.~
...... ,,,, ,,.,, ......... · ,; .... · a ; ~::::
22 5.~ 114.~ 6.86 121.~ 5,~ ~0.00 6.60 116,~ 699.60
~ 5.60 1~,~ 8,74 154.34 5.~ 130.~) 7,80 137.80 ~6.80
In the North Basin. the leagth of the v~s~l, including the b.ll. engine, swim platform, and any
other attachmvat, m~y not extend mate than thr~ (3) feet b~yond length of slip_
One Month period - First to Last day of any month
Six Month Period - April I to October 1st
A DEPOSIT OF ONE MONTH'S RENT IS DUE UPON APPLICATION FOR ALL
I.RASES OTHER THAN DAILY RENTALS TO BE HELD ON ACCOUNT.
A ONE-TINfE NON-RF-Yl)ND~LE $25 ADMiN FEE FOR ROUTINE CREDTT CHECK
IS REQUIRED BEFORE LEASE CAN BE PROCESSED
PLEASURE BOA TS- SAIL OR POI, I/ER * NO LIVE ABOARD~ PERMI~L~;D
FRO~4 LAK~ PARK ~tARINA 8~2 27~$
~ RIVIc. RABEAcH MUNI¢IP^L
,, WET& DRY STORAGE RATES
· LENGTH DALLY WEEKLy [/,ONTHLY
8'2 S 29.78 $ 11%12 S ~.8B,80
33 $ 30,69 $120,78 S 422,45
' ~ 8 31,62 $ 124.44 $ 498,10'
~ 8 82.55 S 128,10 S 512,75
8~ 8 83.4B S 181,78 8 527,40
'87 $ 84.41 S 133,42 S ~2.03
88 ~ 85.34 S 139.08 $ 558,70
Sg ~ ~6,27 8 142.74 8 57t.35
40 S 87.20 S 148.40 S 588.00
41 $ 38,18 - 5 150,03 $ 500,65
42 S 89,06 $ 1~.72 S 615.30
43 $ 39,99 ~57.88 $ 629,95
44 ~ ~0.92 $ ~61.04 S 64~.60
45 8 41.85 S 1~.70 ~ 659.25
46 8 42,76 S 168.86 S 678.90
47 S 43.?1 S 172.02 5 688.55
,~, 48 $ 44.64. S 175.68 S 703.20
49 ~ 45.67 8 179,34
· 5O S 46.5q..'
51 $ 47.43 S 186.66 S 7~7.15
52 8 48.38 S 190.32 ~ 7~1.80
53 $ 49,29' $ ~g3,~8 S 77&45
54 S. 50.22 5 197.64 5 791.10
55 8 51.15 $201.a0 $ 805.75
" 56 S 52,08 $ 204.98 5 820.40
88 $ 53.94 ~212.28 8 84g.70
59 8 54.87 6215.94 $ 884,35
60 $ 55,80 S219,60 $ 879.~
61 $ ~6.73 ~ 223,28 S 893.65
62 S ~7.~8 $ 228,92 S 908.80'
63 $ 68,59 $ 230,58 5 922,9~
84 8 69.52 $ 234.~4 5 93%60
~5 $ 60.45 S 23%90 S g52.25
88 $ '61.a8 S 241,65 S 986,90
67 $ 62.31 $ 245.22 5 981.55
69 S 64.17 $ 252.54 ~ 1,010.~
70 S 85.10 $ 258.20 $1,025,~
7~ S 66.0~. $ 259.88 '$1,040.15
72 $. 88.g6 S 283.52 S 1,054.~
73 $ 87.89 $ 267,18 8%089,~5
74 S 08.82 S 270,84 $ I,C,B~,IO
75 S Sa.tS S 274.S0 5 1,098.75
EFFECTIVE July 5~, 2001
R{~[es In¢luda ~,/~l at, ~[ecJScJty & taxis
[:IVE ABOARD
4~8,96
512,49
628,02
545,$$
5.59,08
574,81
59o.14
605.67
6212o
68~,73
652,26
657.79
683,32
698,85
714.~8
72t,91
745.44
760,97
778.~
7~2.~
807,58
823.09
838,62
85~.15
~00~74
916,27
931,80
947.33
962,86
978.39
,o09,45
,024,9B
,040,5I
,05~.04
%07%57
,0S7.10
,102,63
,133.69
$14.68,"ft. $15,53/ft.
DRYSTORAGE
,
22 $ 173,
23 $ 18%70
24 $ t69.60
25 ~ 197,50
26 ~ 205.40
27 $ 213.30 ~5'*,5~ -
~0 $ 237.00 25~,~
32 $ 252.80
33 $ 260.70
34 8 208;60
35 $ 276.50 - -~
36 $ 284,40 3o~,~
38 $ 300.20
49 ~ 316.00
41 $ 323.90
42 $ 331;80
43 S 889.70 '~~
ANNUAL - requires minimum 12
month lease
$12.75 I foot/mo~th
SEASONAL - requires minimum 5
month lease
111B.00 1 toot I m~mt, b.
MONTHLY - requires minimum 1
month lea~e
111~.00 / ~oot m~th
......... ........
&, B ~ ~ Docks - Metered
D & E Docks - Fixed Monthly Rate
30 amp - $55.00 ! moath
50 amp - 1155.00 [ month
. 100 amp - 11155.00 ! mox~tl~
Minimum Monthly Charge - 11120.00
All Fixed Rates Are Charged Per Line.
Ali Utility Fees lnclude Electricity,
Water, Cable TV a.nd sanitary Service.
.......... ..........
DAILY - 111.40 I toot
WEEKLY - requires minimum 7 days
111.05 ! foot I dsy
U~LITY CHARGE8
30 amp - 114.S0 / duy
50 ~p - 86,50 I ~Y
~[ch~er Is Greater.
State S~es T~ Will Be
~dded To All
FROM : Palm Beach Yacht C~%er ; Lac PF~3NE NO. : 561~324969
Aug. 01 2002 10:S3AM Pi
~isit ~r web s~e
OPEN 361 ~AY$ ~AR
HO $ OF
S~ (Day~t S~)7:30 ~ '~ 7~00 pm
~ (gt~d T~e) 7:30
INDOOR STORAGE TO 38'
MllqI367Y~ TO 21'
22' TO 2T
28' TO 31'
32' TO 35'
36'TO 38 ........................
$ 210,00
$ 10.00
$ 11.00 per foot
$
$ 14.00 per fo~
10% DISCOUNT FOR YEAPJ.,¥,~TORA,GE,PAID IN FULL IN ADVANCE
MONTH TO MONTH STORAGE
MINll~tJM TO 21' $ 2~0,00
22'TO 2T $
25'TO31' ~ ' $ 16.001~ foot
32' TO35' $
36' TO 35' ................... $ 18.00 per foot
NOT]E; ALL ~OATS WILL BE MEASURED AND BILLED BY OVeR ALL LENGTH
HEIGHT
8'O"TO 10' $ 85.00 8'6"TO 10' $ 85,00
OVER 10' TO 12' $ 12&00 OVER 10' TO 12' $ 12~,00
OVER 12' $ 100.0O OVER 12' ~ $ le0.00
WAVE RUNI~R / ~T SKI
DAILY STORAGE
@$125.00
1,~0 i~r foot
~YHT STOP~4GIK UP TO
BASIN SLIPS
MONTHLY $ ~6.00 per f~ 'MONTI~Y'$ '~;~:00 get f~t
~S~NT D~GE $ 1.50 ~f~
ELE~ ~C HOO~ ~ DAY) ~mp S ~.~
FROM : Palm Beach Yacht Cent,er ; Lee P~ONE NO. : 56~324969 Aug, 01 2082 11:09¢~M Pi
i
SUMMER RATES: Ma)' 15 - October 15
Daily ........ $.85 per foot/per day
Monthly ..... $.65 per foot/per day
WINTER RATES: October 1~ - May :15
Daily ....... $1.85 per foot/per day
Monthly ..... $1.20 per foot/per day
WINTER CONTRACTS: November t - May ~5
$.g5 per foot/per day
M~nimum 6 consecutiv& mon~:h
contract stain§ on the '1st or ~-5 day
ANNUAL CONTRACTS:
$.65 per foot/per day
30 foot and under (non [iv~aboard)
see Deckmaster.
UTILITIES SERVICE CHARGE:
Includes electric, water, trash collection,
cable TV
One - 11o/30 amp outlet
$75/mo. or $8.00 daily
Two - 110/30 or One - 220/50 amp outlet
$110/mo. or $10.00 daily
Two - 220/50 amp
or One - 100 amp single phas.e, outlet
$220/mo. or $16.o0 dally
Three Phase Rates on Request.
Minimum utiUty service fee of
$50/mo or $5.00 daily
Nen-refundabie deposit required.
MARINA OFFICE OPEN OAILY FROM
8:00 a,m. to 6:00 p.m,
VHF KXJ-693, Monitor Channel 16.
Effective .lune 1, 2002,
Rates subject to change without
notice, Rates Plus TAX.
Patm
Harbor Marina
400-A N. Fi. ag[er Dr. We~t Palm Beach, FL 33401
(561) 655-4757 · Fax: (561) 659-02/~5
1-aoo-43 s-8o51
E-mail: phmarlna@betbouth.net
Features
Shower Rooms
Laundromat
Ship's Store/Convenience Stem
MasterCard, VISA, AMEX and Texaco
Credit Cards Honored
Ice
Private Telephone (Optional)
Cable TV
Security
Fire Protection
Texaco Starport
160 Accommodetions for craft to
175' Length and with drafts up to
Amenity package available via
Breakers Hotel
SewJces
MaiL and Fax Service
Tide and Weather Information
Assistance in entering and leaving
your slip
Channel 16 VHF monitoring
CompLimenta~ Newspaper
Car Rental/Delivery Available
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TO:
THRU:
FROM:
SUBJECT:
DAVID T. HA~f,~E~ITY~I~R
PAUL DORLING, DIRECTOR (~F,~LANNING AND ZONING
ROBERT G. TE FFT, PLAN N ER""/~~~
MEETING OF SEPTEMBER 9, 2003
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A CHILD CARE
FACILITY FOR THE CO'I-rAGE PRESCHOOL TO BE LOCATED AT THE NORTHEAST
CORNER OF SOUTH SWINTON AVENUE AND SE 3"~ STREET.
The conditional use request is to convert an existing 1,287 square foot single family residence to a child
care facility; construct a circular driveway for the use as a pick-up/drop-off area; convert the front and side
yards to an outdoor play area; and, demolish the existing sheds to accommodate construction of a four
space parking lot. The facility would accommodate 22 children ranging from 3 - 5 years in age in each of
two sessions offered per day (8:30 a.m. - 11:30 a.m. and 12:00 p.m. - 4:00 p.m.). Additional background
and analysis is found in the attached Planning and Zoning Board Staff Report.
At a public hearing held on July 21, 2003, the Planning and Zoning Board considered the Conditional Use
request. The Board had a concern with respect to the pick-up/drop-off area, specifically with regard to
stacking distance and the drop-off procedure. Members from the public spoke on the item and voiCed
concerns with respect to the size of the use, the number of similar facilities existing in the area, and whether
such a use should be allowed within a residential neighborhood. After a lengthy discussion on the stacking
concerns, the receiving of children by the preschool staff, and the hours of the sessions the Board voted 4-1
(Borchardt dissenting with Morris and Woehlkens absent) to recommend to the City Commission approval
of the Conditional Use request for the establishment of The Cottage Preschool, based upon positive
findings with respect to Section 2.4.5(E) (5) and Chapter 3 of the. Land Development Regulations and the
policies of the Comprehensive Plan, subject to the attached list of conditions.
By motion, approve the Conditional Use request to establish a child care facility for The Cottage Preschool,
based upon positive findings with respect to Section 2.4.5(E) (5) and Chapter 3 of the Land Development
Regulations and the policies of the Comprehensive Plan, subject to the attached list of conditions.
Attachments:
· Exhibit'A" (Recommended Conditions of Approval)
· Planning and Zoning Board Staff Report of July 21, 2003
EXHIBIT "A"
RECOMMENDED CONDITIONS OF APPROVAL
That the Site Plan Review and Appearance Board (SPRAB) approves a site plan that is in general
conformance to the submitted sketch plan and incorporates all of the conditions of approval and
technical items noted herein;
That enrollment for the child care facility is limited to 22 children per session and that there be only two
sessions per day (8:30 a.m.- 11:30 a.m. and 12:00 p.m.-4:00 p.m.);
That the site plan and associated landscape plan are prepared to reflect the existing six foot high wood
fence along the north property line, the new six foot high PVC fencing around the balance of the play
area, and the installation a hedge at least four feet in height at the time of planting adjacent to the PVC
fencing;
That a tree be planted every 25' along the north and east property lines to form a solid tree line;
That five parking spaces are provided or the proposal is modified to meet the parking requirements;
That a waiver to LDR Section 4.6.16(H) (3) (d), regarding the reduction of the required five foot wide
landscaped area between the off-street parking area and the property to the north to a width of four feet
is requested and obtained through the site plan application process;
That the applicant (preschool staff) provides assistance with regard to moving children in and out of
vehicles; and,
8. That the sidewalk be extended along the full length of the pick-up/drop-off area.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGEN DA ITEM:
ITEM:
July 21, 2003
IV. B.
Conditional Use Request to Allow the Establishment of a Child Care Facility, Within
the RM (Multiple Family Residential-Medium Density) Zoning District for The
Cottage Preschool. (Quasi-Judicial Hearing).
GENERAL DATA:
Owner/Applicant ......................... Melanie Genoyer
Agent .......................................... June Sophia
Location ...................................... Located at the Northeast
Corner of Swinton Avenue
and S.E. 3rd Street.
Property Size .............................. 0.24 Acres
Future Land Use Map ................MD (Medium Density, 5 - 12
Du/Acre)
Current Zoning ............................ RM (Multiple Family
Adjacent Zoning ................ North:
East:
South:
West:
Existing Land Use ......................
Proposed Land Use ....................
Water Service .............................
Sewer Service .............................
Residential - Medium
Density)
RM (Multiple Family
Residential - Medium
Density)
RM (Multiple Family
Residential - Medium
Density)
RM (Multiple Family
Residential - Medium
Density)
R-1-A (Single Family
Residential)
Single Family Residence
Conditional Use Request to
Allow the Establishment of a
Child Care Facility.
Existing on site.
Existing on site.
ATLANTIC AVENUE~
$.W. IST ST.
OF
PALM BEACH COUNTY
111111111
IV. B.
The action before the Board is making a recommendation to the City Commission on a request
for Conditional Use approval to establish a child care facility known as The Cottage Preschool,
pursuant to Land Development Regulations (LDR) Section 2.4.5(E).
The subject property is located at the northeast comer of South Swinton Avenue and SE 3fd
Street (245 South Swinton Avenue).
The 0.23 acre subject property consists of the south 75' of the west half of Block 71, Town of
Delray and is zoned Multiple Family Residential - Medium Density (RM). The property consists
of an existing 1,200 square foot single family residence and 87 square foot utility/storage room
that was constructed in 1946.
At its meeting of June 18, 2001, the Planning & Zoning Board considered a conditional use
request to establish a 24-hour child care facility known as Grammy's Place. The Board had
concerns with respect to the hours of operation at the proposed location and whether the facility
would meet a neighborhood need. Members from the public spoke on the item and voiced
concerns with respect to the use, the hours of operation, and the negative affect on property
values. After discussion, the Board tabled the conditional use request with direction for staff to
contact the Child Resource and Facility Center to see if there is a need for a 24-hour child care
facility in Delray Beach. At the Board's subsequent meeting of July 16, 2001, staff presented
additional information concerning the demand for child care facilities within the surrounding
area. At the meeting, adjacent homeowners expressed concern with the proposed conditional
use. The specific concerns regarded the potential adverse impact on surrounding properties
with respect to degradation of property values as a result of the 24-hour component of the child
care facility. After discussion, the Board recommended that the conditional use request be
denied based upon a failure to make positive findings with respect to LDR Section 2.4.5(E) (5),
in that the proposed use will have a significant detrimental effect on the stability of the
neighborhood and will hinder development and redevelopment of nearby properties.
At its meeting of July 24, 2001, the City Commission unanimously voted (5-0) to approval the
requested conditional use for the establishment of a 24-hour child care facility, subject to certain
conditions of approval. However, the applicant never submitted for site plan approval and the
conditional use approval for the 24-hour child care facility expired on January 24, 2003.
On June 6, 2003, an application was received requesting the approval of a conditional use to
convert the existing single family residence to a child care facility to be known as The Cottage
Preschool. This request is now before the Board for action.
The development proposal includes the following:
· Conversion of the existing 1,287 square foot single family residence to a child care
facility;
· Construction of a ciroular driveway for the use as a pick-up/drop-off area;
Planning and Zoning Board Staff Report
Conditional Use Approval for The Cottage Preschool - Child Care Facility
Page 2
· Conversion of the side yard (north) and a portion of the front (west) to an outdoor
play area; and,
· Demolition of two existing sheds to accommodate construction of a four space
parking lot.
The applicant has submitted the following narrative that describes the operation:
The Cottage Preschool will be open Monday through Friday from 8:30 a.m. until 4:00
p.m. There will be two sessions a day (8:30-11:30 and 12:00-4:00) with a maximum of
22 students in each session. These children will range in age from three to five years
old. There will be three teachers working during each session.
The Cottage Preschool will be a state licensed program based on science and the
creative arts. There will also be a strong literature component with a collection of over
250 books. The inside of the cottage will be a large open space. Children will be
allowed to move freely from the art studio, the library, the small "house; and the block
building "castle". All learning materials will be made of natural materials, with the
absence of electronic and plastic toys. There will be live music (performed by teacher)
for the children each day, signing and story time, and natural food provided for snacks.
The outdoor play area will offer science experiments (i.e. food coloring, and magnets),
sand play, bike riding (within play area), swings, and a large wood porch to re/ax on.
REQUIRED FINDINGS: (Chapter 3):
Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body, which has the authority to approve or
deny the development application. These findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and
the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map designation of Medium Density Residential
(MD), which is consistent with the subject property's zoning district designation of Multiple
Family Residential - Medium Density (RM). Pursuant to LDR Section 4.4.6(D) (3), within the
RM zoning district, child care facilities are allowed as a conditional use. Based upon the above,
positive findings can be made with respect to consistency with the Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided
to new development concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service established within the
Comprehensive Plan.
Water and Sewer:
Water and sewer plans are not required for the conditional use analysis. It is anticipated that
water and sewer service will be provided via the existing service lateral connections to the
existing water main within SE 3Cd Street and the existing sewer main along the east side of the
Planning and Zoning Board Staff Report
Conditional Use Approval for The Cottage Preschool - Child Care Facility
Page 3
subject property. A fire hydrant exists at the southeast corner of South Swinton Avenue and SE
3"~ Street. No main extensions or upgrades are anticipated with this development proposal.
The Comprehensive Plan states that adequate water and sewer treatment capacity exists to
meet the adopted level of service at the City's build-out population based on the current FLUM.
Based on the above, this proposal should have little or no impact with respect to water and
sewer service. Therefore, positive findings with respect to this level of service standard can be
made.
Drainage:
Paving and drainage plans are not required for the conditional use analysis. It is anticipated
that drainage will be accommodated via sheet flow to pervious/swale areas and/or the
installation of an exfiltration trench system. However, it is noted that there is limited space that
can be utilized for water retention, as the required play area cannot be used for water retention.
If the conditional use request is approved, a paving and drainage plan must be provided with the
submittal of the site plan.
Streets and Traffic:
Pureuant to LDR Section 2.4.3(E) (2), a traffic statement ~s required for land use applications
that generate 200 or fewer Average Daily Trips (ADT). A traffic statement has been submitted
that indicates that the proposed child care facility with 22 children in two sessions (44 total) will
generate 98 new ADT. Adequate capacity exists on the surrounding roadway network to
accommodate the traffic generated from the proposed use. Further, documentation has been
received from the Palm Beach County Traffic Division indicating the development proposal
meets the Traffic Performance Standards of Palm Beach County.
Parks and Open Space:
Park dedication requirements do not apply for nonresidential uses. Thus, there will be no
impact on this level of service standard.
Solid Waste:
The 1,287 square foot child care facility will generate 2.25 tons of solid waste per year [1,287
sq. ft. x 3.5 lbs. = 4,504.5 / 2,000 = 2.25 tons]. The trash generated by this proposal can be
accommodated by existing facilities. Therefore, a positive finding with respect to this level of
service standard can be made.
Schools:
School concurrency findings do not apply for non-residential uses. Thus, the proposed
development will not have an impact with respect to this level of service standard.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and
required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the
basis upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable policy was found:
Planning and Zoning Board Staff Report
Conditional Use Approval for The Cottage Preschool - Child Care Facility
Page 4
Housin.q Element Policy A-12.3 - In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to negatively impact
the safety, habitability, and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the project shall
be modified accordingly or denied.
The proposed use is surrounded by residential properties. The traffic generated by the
development proposal will be minimal and will not have an adverse impact on the adjacent
roadways. It is also noted that the subject property fronts on Swinton Avenue, which is a
collector roadway. As the facility will operate between 8:30 am and 4:00 pm any noise
generated by the play area is not a major concern. In order to limit potential impacts on the
adjacent properties, adequate buffers must be provided for the outdoor play areas. The
proposed play area will be completely enclosed by fencing. An existing six foot high wood fence
will remain along the north property line. The proposed site plan depicts chain link and wood
fencing ranging from three feet to six feet in height. However, discussions with the applicant
have resulted in the agreement that a six foot high white PVC fence be provided around the
south, east, and west sides of the play area. It is noted that in addition to the PVC fence a
hedge four feet in height at the time of planting must be installed and is attached as a condition
of approval.
A five foot wide landscaped area is proposed along the north, south, and east perimeters of the
parking area; however, pursuant to LDR Section 4.6.16(H) (3) (e), where commercial areas abut
properties in residential use, one tree shall be planted every 25' to form a solid tree line. This
would be required along the north and east property lines to buffer noise and lighting from the
parking area to the adjacent residences. This item is attached as a condition of approval.
Provided the above conditions of approval are addressed, the proposed child care facility will
not have an adverse impact on the stability of the surrounding neighborhood.
LDR SECTION 2.4.5(E) REQUIRED FINDINGS:
Pursuant to Section 2.4.5(E) (5) (Findings), in addition to provisions of Chapter 3, the City
Commission must make findings that establishing the conditional use will not:
(a) Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located;
(b) Nor that it will hinder development or redevelopment of nearby properties.
The subject property is bordered on the north, south, and east by RM zoned properties and on
the west by Single Family Residential (R-l-A) zoning. Single family homes exist to the north,
south (across SE 3'd Street), east, and west (across South Swinton Avenue).
As previously discussed, traffic generated by the proposal will be minimal and noise is net a
concern based upon the hours of operation. Compatibility with the adjacent residential
properties is not a concern provided the proposed child care facility addresses the attached
conditions of approval, which includes the installation of required fencing around the play area
and landscaped area to buffer the off-street parking. Thus, the proposed use will not have a
detrimental effect upon the stability of the neighborhood, nor will it hinder development or
redevelopment of nearby properties.
Planning and Zoning Board Staff Report
Conditional Use Approval for The Cottage Preschool - Child Care Facility
Page 5
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was submitted, which has
been reviewed by staff. Based upon staff's review of the sketch plan and site
inspections, the following technical comments have been identified:
Off-Street Parking:
Pursuant to LDR Section 4.6.9(C) (7) (h), child care facilities must provide one parking space
per 300 square feet of total floor area. The 1,287 square foot facility requires five parking
spaces and four are proposed within a parking area on the east side of the property. The plan
did not include the existing utility/storage area in its parking calculations, thus the reason for the
discrepancy in the required/provided parking. An additional parking space can be
accommodated along the south side of the utility/storage area if a portion of the existing patio is
removed. A condition of approval is that five parking spaces are provided or the proposal is
modified to meet the parking requirements.
Perimeter Landscape Buffer:
Pursuant to LDR Section 4.6.16(H) (3) (d), a five foot wide landscaped area is required between
the off-street parking area and the adjacent properties to the north and east. The proposal
provides a 3.5' wide landscape stdp exclusive of required curbing along the north side of the
parking lot and a 4.5' wide landscape strip along the east side of the parking lot. The required 5'
wide landscape stdps must be provided or a waiver obtained from the Site Plan Review and
Appearance Board (SPRAB). This item will be addressed further with the site plan submittal.
Therefore, it is attached as a condition of approval is that the proposal is modified to provide the
required 5' wide landscape stdp or that a waiver to reduce the 5' landscaped strip is requested
and obtained through the site plan application process.
Right-of-Way Dedication:
Pursuant to Table T-1 of the Transportation Element of the Comprehensive Plan, the ultimate
right-of-way width for SE 3~d Street 60' and presently only 50' exists, thus an additional five feet
would be required to be dedicated with the subject development proposal. However, at the
Development Services Management Group (DSMG) meeting of July 17, 2003, a reduction in the
required right-of-way width was approved to the existing width of 50', therefore no additional
right-of-way needs to be dedicated.
LDR Section 4.3.3(E) - Child Care Facilities
Lot Area: The minimum lot area required for child care facilities is 7,500 square feet.
The total lot area of the subject property is 10,125 square feet, thus this requirement has been
met.
Floor Area: Facilities shall contain a minimum floor area of 35 square feet per child,
exclusive of space devoted to bathrooms, halls, kitchen, offices and storage.
The structure contains a total of 1,287 square feet; 770 square feet of which is usable floor area
per the above criteria. Thus, a maximum of 22 children is allowed.
Outdoor Area: There shall be a minimum of 75 square feet of outdoor play area per child.
The play area shall be located on the same lot as the principal use and shall not be
Planning and Zoning Board Staff Report
Conditional Use Approval for The Cottage Preschool - Child Care Facility
Page 6
located in the front yard setback or adjacent to any outdoor storage area. The play area
shall be surrounded by a six foot high fence or wall.
The applicant has provided 1,652 square feet of outdoor play area, thus allowing for a maximum
of 22 children. The play area does not encroach into the 25' front yard setback area and is to
be completely enclosed by fencing. As previously discussed, an existing six foot high wood
fence will be retained along the north property line, while new six foot high PVC fencing will be
installed around the balance of the play area. Additionally, a hedge at least four feet in height at
the time of planting must be planted adjacent to the PVC fencing. The provision of these items
has been attached as a condition of approval.
Loading Area: A pick-up and drop-off area for children shall be provided in a convenient
area adjacent to the building and shall provide clear ingress and egress to the building.
A one-way 15' wide circular driveway taking access from SE 3rd Street is proposed on the south
side of the property. The driveway will serve as the required pick-up and drop-off area for the
child care facility, thus this requirement has been met.
Provided the attached conditions of approval are addressed the application will comply with
LDR Section 4.3.3(E).
Technical Items: While the sketch plan has accommodated most of staff's concerns the
following items remain outstanding, and must be addressed with the site plan
application:
1. Pursuant to LDR Section 4.6.16(H) (3) (n), all refuse areas and ground level air-
conditioning equipment shall be screened. These items have not been depicted with
the sketch plan and will need resolved with the site plan application;
2. The existing floor plan depicts a new handicap ramp and platform at the rear of the
building. The proposed floor plan does not depict this. Clarification of this issue and
the provision of greater detail as to how handicap access is being provided from the
handicap parking space and from the circular driveway into the building must be
submitted;
Pursuant to LDR Section 4.6.16(H) (3) (n), all refuse areas and ground level air-
conditioning equipment shall be screened. These items have not been depicted with
the sketch plan and will need resolved with the site plan application; and,
The existing floor plan depicts a new handicap ramp and platform at the rear of the
building. The proposed floor plan does not depict this. Clarify this issue and provide
greater detail as to how handicap access is being provided from the handicap
parking space and from the circular driveway into the building.
The development proposal is not located within a geographical area requiring review by the
Downtown Development Authority (DDA).
Community Redevelopment A(lency (CRA):
The CRA recommended approval of this item at their meeting of June 26, 2003.
Planning and Zoning Board Staff Report
Conditional Use Approval for The Cottage Preschool - Child Care Facility
Page 7
Site Plan Review and Appearance Board (SPRAB):
If conditional use approval is granted, a site plan application must be submitted accommodating
all of the conditions of the conditional use approval. Final action on the site plan submittal will
rest with the SPRAB.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of objection or support, if any, will be presented at the Planning and Zoning
Board meeting.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations, which have
requested notice of developments in their areas:
· Osceola Park
· President's Council
· Progressive Residents of Delray
Letters of objection or support, if any, will be presented at the Planning and Zoning Board
meeting.
The conditional use request is to convert the existing single family residence to accommodate
the establishment of a child care facility. Traffic generated by the proposal will be minimal and
will not negatively impact the adjacent roadways. Noise is not a concern as the hours of
operation will be from 8:30 am to 4:00 pm. Provided the conditions of approval are addressed
there should be no compatibility issues associated with the proposed development. Compliance
with the Land Development Regulations will also occur once the conditions of approval are
addressed. The proposed use is consistent with the policies of the Comprehensive Plan and
Chapter 3 of the Land Development Regulations. Further, positive findings can be made with
respect to LDR Section 2.4.5(E) (5) regarding the compatibility of the proposed use with the
surrounding properties.
A. Continue with direction.
B. Recommend to the City Commission approval of the Conditional Use request to establish a
child care facility (The Cottage Preschool), based upon positive findings with respect to
Section 2.4.5(E) (5) and Chapter 3 of the Land Development Regulations, and the policies
of the Comprehensive Plan, subject to the attached conditions of approval.
C. Recommend to the City Commission denial of the Conditional Use request to establish a
child care facility (The Cottage Preschool), based upon a failure to make positive findings
with respect to compliance with the Land Development Regulations, Housing Element Policy
A-12.3 and LDR Section 2.4.5(E), that the proposal will have a detrimental effect on the
stability of the neighborhood and will hinder development or redevelopment of nearby
properties.
Planning and Zoning Board Staff Report
Conditional Use Approval for The Cottage Preschool - Child Care Facility
Page 8
Recommend to the City Commission approval of the Conditional Use request to establish a
child care facility (The Cottage Preschool), based upon positive findings with respect to Section
2.4.5(E) (5) and Chapter 3 of the Land Development Regulations and the policies of the
Comprehensive Plan, subject to the following conditions:
That the SPRAB approves a site plan that is in general conformance to the submitted
sketch plan and incorporates all of the conditions of approval and technical items
noted herein;
2. That enrollment for the child care facility is limited to 22 children per session and that
there be only two sessions per day;
3. That the site plan and associated landscape plan are prepared to reflect the existing
six foot high wood fence along the north property line, the new six foot high PVC
fencing around the balance of the play area, and the installation a hedge at least four
feet in height at the time of planting adjacent to the PVC fencing;
4. That a tree be planted every 25' along the north and east property lines to form a
solid tree line;
5. That five parking spaces are provided or the proposal is modified to meet the parking
requirements; and,
That a waiver to LDR Section 4.6.16(H) (3) (d), regarding the reduction of the
required five foot wide landscaped area between the off-street parking area and the
property to the north to a width of four feet is requested and obtained through the site
plan application process.
Attachments:
· Location Map
· Survey
· Proposed Site Plan
· Proposed Floor Plan
Staff Report Prepared by:
Robert G. Tefft, Planner
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S,E. 4'~H ST,
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245 S. SWINTON AVE.
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DAVID T. HA~DE~I, ql1['Y M~NAGER
PAUL DORLING, DIRECTOR~C~F PLANNING AND ZONING
SCOTT D. PAPE, SENIOR PLANNE
MEETING OF SEPTEMBER 16, 2003
CONDITIONAL USE REQUEST TO ESTABLISH A SELF SERVICE STORAGE
FACILITY AND A WHOLESALE STORAGE FACILITY (SAFE AND SECURE)
LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY~
APPROXIMATELY 890' SOUTH OF GULFSTREAM BOULEVARD (2512 NORTH
FEDERAL HIGHWAY).
The subject property consists of a portion of Lot 13 and a portion of Lot 14 of the Delray Beach
Estates plat and contains 1.80 acres.
At its meeting of April 15, 2003, the City Commission approved an amendment to the Land
Development Regulations to add "Self Service Storage Facilities" as a conditional use in the GC
(General Commercial - North Federal Highway Overlay District) along with specific development
requirements.
Two conditional use applications have been submitted for the subject property. The first is to
establish a self service storage facility. The second application is to establish a wholesale storage
facility along the west side of the building that also maintains commercial floor area along Federal
Highway for the retail sale of goods.
At its meeting of August 18, 2003, the Planning and Zoning Board held a public hearing in conjunction
with the Conditional Use request and no one from the public spoke. After discussing the proposal,
the Board voted to recommend approval (5-1, Borchardt dissenting) of the self service storage facility
and wholesale storage facility subject to the conditions in the attached staff report with the exception
that condition #7 that required at least 50% of the building comply with the required building setback
along Federal Highway. This condition was recommended by the CRA and City staff to meet the
intent of the North Federal Highway Redevelopment Plan, which calls for the majority of buildings to
be brought to the street with a maximum setback of 15'.
Approve the Conditional Use request to establish a Self Service Storage Facility and Wholesale
Storage Facility for Safe and Secure, based upon positive findings with respect to Chapter 3
(Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and the policies of the
Comprehensive Plan, subject to the conditions contained in the attached staff report including
condition #7.
Attachment: P&Z Staff Report and Documentation of August 18, 2003
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
August 18, 2003
IV. B.
Conditional Use Request to Allow the Establishment of a Self Service Storage
Facility and a Wholesale Storage Facility for Safe and Secure (Quasi-Judicial
Hearing).
GENERAL DATA:
Owner ......................................... Tri-Ed Properties, LLC
Applicant .................................... The Pugliese Company
Agent .......................................... Weiner & Aronson, P.A. /
Miller Land Planning
Consultants, Inc.
Location ...................................... Located on the west side of
North Federal Highway,
approximately 890 feet south
of Gulfstream Boulevard.
Property Size .............................. 1.80 Acres
Future Land Use Map ................ GC (General Commercial)
Current Zoning ............................ GC (General Commercial)
Adjacent Zoning ................ North: AC (Automotive Commercial)
East: GC (General Commercial)
South: GC (General Commercial)
West: CF (Community Facilities)
Existing Land Use ...................... Vacant
Proposed Land Use .................... Conditional use request to
allow the establishment of a
self service storage facility
and a wholesale storage
facility.
Water Service ............................. Connection available via an
8" water main, located within
Old Dixie Highway.
Sewer Service ............................. Connection available via an
8" sewer main, located within
Old Dixie Highway.
FOOTBALL
FIELD
IV. B.
The action before the Board is making a recommendation to the City
Commission on a request for Conditional Use approval to establish a self
service storage facility and a wholesale storage facility for Safe and Secure,
pursuant to Section 2.4.5(E).
The subject property is located on the west side of North Federal Highway,
approximately 890' south of Gulfstream Boulevard (2512 North Federal
Highway).
The subject property consists of a portion of Lot 13 and a portion of Lot 14 of the Delray
Beach Estates plat and contains 1.80 acres.
On August 23, 1989, the City approved the annexation of Lot 14, which is currently vacant.
The City Commission approved the annexation of Lot 13 at its meeting of March 22, 1994.
Lot 13 contains a 1,929 square foot building that was built 1948 as a motel, a landscape
nursery, a 1,008 square foot single family residence, with a 192 square foot garage.
At its meeting of April 2, 2002, the City Commission abandoned the eastern 20' of this site
along Dixie Highway subject to the reservation of a utility easement over the entire area and
the dedication of the eastern 10' of Lots 13 and 14 for Federal Highway right-of-way.
At its meeting of April 15, 2003, the City Commission approved an amendment to the Land
Development Regulations to add "Self Service Storage Facilities" as a conditional use in the
GC (General Commercial - North Federal Highway Overlay District) along with specific
development requirements.
Two conditional use applications have been submitted for the subject property. The first is to
establish a self service storage facility. The second application is to establish a wholesale
storage facility along the west side of the building that also maintains commercial floor area
along Federal Highway for the retail sale of goods. These two conditional use applications
are now before the Board for action.
The development proposal includes the following:
Demolition of three existing structures;
Construction of a 4-story 140,324 square foot structure that consists of 127,129 square
foot self service storage facility, 926 square feet of attendant self service storage office
space, 5,810 square feet of retail floor, 5,459 square feet of warehouse/storage area, and
1,000 square feet of attendant warehouse office area;
[] Construction of 50 parking spaces along the east, south and west sides of the building;
P & Z Board Staff Report
Safe and Secure - Conditional Use Request for Self Service Storage Facility and Warehouse/storage
Page 2
r~ Construction of 5 covered loading spaces along the south side of the building; and,
[] Installation of associated landscaping and refuse storage areas.
The hours of operation for the wholesale/storage uses, retail, and self service storage facility
will be 5:00 a.m. to 9 p.m. Monday through Sunday.
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations,
prior to approval of development applications, certain findings must be made in a form
which is part of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body which
has the authority to approve or deny the development application. These findings
relate to consistency with the Future Land Use Map, Concurrency, Comprehensive
Plan Consistency, and Compliance with the Land Development Regulations.
With the rezoning action, positive findings were made with respect to Concurrency,
Comprehensive Plan Consistency, Future Land Use Map, and Compliance with Land
Development Regulations and are discussed below.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone district
and the zoning district must be consistent with the land use designation.
The subject property has a General Commercial Future Land Use Map and Zoning Map
designation. Pursuant to the LDR Section 4.4.9(G)(2)(a)(2)&(3), the wholesaling, storage
and distribution of products and materials and self service storage facilities are allowed as
conditional uses in the North Federal Highway Overlay District. LDR Section
4.4.9(G)(2)(b)(1), states that wholesaling, storage and distribution of products and materials
must operate in conjunction with a permitted service or retail use that is located on the
premises. This will require all wholesale/storage uses proposed along Dixie Highway to be
operated in conjunction with the service or retail uses occupying the bays along Federal
Highway. The applicant acknowledges this connection and, therefore, a positive finding can
be made with respect to consistency with the land use map designation. The North Federal
Highway Redevelopment Plan indicates that light industrial uses are appropriate in the
redevelopment area when they are operated in conjunction with a permitted service or retail
floor area. Therefore, the proposed warehouse/storage use along the west side of the
building must maintain a connection with the floor area along the east side of the building in
order to be considered an allowed use (conditional use).
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.
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Water and Sewer:
Preliminary water and sewer plans have not been provided with the submittal of the
conditional use application. However, the following is noted:
r~ Water service currently exists to the site via a service lateral connection to an existing 8"
main located along Dixie Highway.
r~ Sewer service exists to the site via a service lateral connection to an existing 8" main
along Dixie Highway.
The survey of the property does not indicate the presence of a fire hydrant on or near the
property. The conceptual plan does not indicate the provision of a new fire hydrant. The
provision of adequate fire protection will be addressed during the site plan review
process.
The Comprehensive Plan states that adequate water and sewer treatment capacity exists to
meet the adopted LOS at the City's build-out population based on the current FLUM. The
140,324 square foot commercial development will have an insignificant impact on all public
services and was anticipated for this property and was factored into the plan. Thus, a
positive finding with respect to this level of service standard can be made.
Traffic:
A traffic study has been submitted that indicates the 140,324 will generate 731 average daily
trips onto the surrounding road network. The proposed development will generate 73 pm
peak hour trips. The traffic generated by the proposed development will not lower the level-
of-service below the existing Level-of-Service which is "C." There is adequate capacity on
Federal Highway and the surrounding roadway network to accommodate the additional trips.
Prior to issuance of a building permit a letter must be received from the Palm Beach County
Traffic Engineering Division which states that the development proposal meets the Palm
Beach County Traffic Performance Standards Ordinance. There are no problems anticipated
with meeting this level of service standard. Based upon the above, a positive finding can be
made with respect to traffic concurrency.
Solid Waste:
Trash generated each year by the mixed-use development will be 379.56 tons per year. The
self storage/warehouse generates 5.2 tons per square foot per year [132,588 sq.ft, x
5.2/2,000 = 344.73 tons]. The office area generates 5.4 tons per square foot per year [1,926
sq. ft. x 5.4/2,000 = 5.2 tons]. The retail area generates 10,2 tons per square foot per year
[5,810 sq.ft, x 10.2/2,000 = 29.63 tons]. The increase can be accommodated by existing
facilities and thus, will not have a significant impact on this level of service standard.
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Drainage:
As noted above, conceptual engineering plans have not been submitted with the conditional
use applications. It is anticipated that the majority of the storm water retention will be through
exfiltration trenching. At this time, there are no problems anticipated complying with South
Florida Water Management District or Lake Worth Drainage District requirements. Thus,
positive findings with respect to this level of service standard can be made. The drainage
retention facilities will be further analyzed during the site plan review process.
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.
Schools:
School concurrency does not apply to nonresidential uses. There will be no impact on this
level of service standard.
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.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted
and the following applicable objectives and policies are noted.
Future Land Use Element Objective A-I - Vacant property shall be developed 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.
Physical Considerations
As noted in the background section of this report, the southern portion of the property
contains existing buildings that were previously used as a hotel and residence. The northern
portion of the property is vacant. The proposed development will be consistent with this
objective.
Complementary With Adjacent Land Uses
The North Federal Highway corridor contains a mix of uses including retail, office, office-light
industrial, and residential. The proposed retail and wholesale/storage portions of the
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proposed development will be complementary to the commercial uses along North Federal
Highway.
Fulfills Remaining Land Use Needs
The proposed redevelopment of the property will eliminate under utilized property along the
North Federal Highway corridor. The retail associated with the development proposal will
generate some patronage and provide limited activity to this area of the City.
Future Land Use Element Policy A-2.3 - Development of remaining vacant properties
shall occur in a manner, which is consistent with and complementary to adjacent
development regardless of zoning designations. This policy shall be implemented
through the review process associated with platting and site plans.
Provided the conditions of approval relating to the building elevations and provision of
additional building frontage adjacent to the public right-of-way are addressed the proposal
will be consistent and complementary with adjacent commercial developments.
Future Land Use Element Policy C-1.4 states that North Federal Highway is identified as a
blighted area. The City Commission at its meeting of March 16, 1999 adopted the North
Federal Highway Redevelopment Plan. The goals are to provide economic stimulation and
investment in the area and the creation of jobs. The construction of the mixed use facility will
provide economic investment in the area. The retail and warehouse/storage will add to the
employment base of the North Federal Highway area. Based on the above, the proposed
development meets limited portions of the North Federal Highway Redevelopment 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.
As noted in the background section of this report, the eastern 20' of Dixie Highway was
abandoned subject to the reservation of a utility easement over the entire area and the
dedication of the eastern 10' of the property for the ultimate right-of-way for Federal Highway.
It is noted that the utility easement needs to noted on the plans and that any improvements in
this area will be addressed during the site plan review process.
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:
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.
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The property is bordered by the following zoning designations and uses:
Direction Zoning Uses
North AC
West CF
South GC
East GC
Schwerin Automotive
Atlantic High School
Budget inn
Vacant Commercial
The establishment of a self service storage facility and warehouse/storage facility will not
have a negative effect on the stability of the neighborhood nor will hinder development or
redevelopment of nearby properties. The establishment of the retail uses will provide some
stimulation to the surrounding commercial uses. The proposed development will replace an
existing use (landscape contractor) that has provided limited stimulation to the economy of
the North Federal Highway area for many years.
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. Along
with the Conditional Use request, a sketch plan has been submitted and reviewed by
staff. Based upon staff's review of the sketch plan and site inspections, "Technical
Items" were identified which are attached as Exhibit "A." Most of the items relate to
site plan issues. These items have been transmitted to the applicant and will need to
be addressed with the site plan modification submittal. The following regulations
relate to the proposed self service storage facility.
Special Landscape Setback:
Pursuant to LDR Section 4.3.4(H)(6)(b)(2), a 10' special landscape area shall be provided
along Federal Highway. 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. The conceptual plan provides for 14' of
pervious area between the property line and the colonnade. However, the bike rack and
paver blocks encroach into the required special landscape setback. The balance of the
frontage is noted as a parking area and the required 10' special landscape setback has been
provided. The bike rack and pavers need to be removed from the special landscape setback
and that foundation landscaping and vertical elements be provided for the four story building
and is attached as a condition.
Parking:
Pursuant to LDR Section 4.4.9(G)(2)(c)(2)(c), parking shall be provided at the rates set forth
in Section 4.6.9 for the permitted service, office and retail uses and for self-storage uses,
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parking shall be at a rate of 1 parking space per 100 storage units or portion thereof,
including: (a) a minimum of 3 loading spaces for the self-service storage facility that must be
striped and signed to limit the time for loading and unloading to 1 hour; and in addition (b) 3.5
spaces for each 1,000 square feet of accessory office use associated with the self-storage
use. Notwithstanding the above, a minimum of 5 parking spaces other than loading spaces
shall be provided in connection with the self-storage use. The following table identifies the
required parking associated with the individual uses for the mixed use project:
Use Floor Area Parking Ratio Required Parking Parking
Spaces provided
Retail 5,810 sq. ft.4.5/1,000 sq. ft. 26.15
Self Service Storage Office926 sq. ft. 3.5/1,000 sq. ft. 3.24
Self Service Storage Bays 900 bays 1/100 bays 9
Warehouse Office 1,000 sq. ft.3/1,000 sq. ft.3
Warehouse/Storage 5,459 sq. ft.1/1,000 sq. ft.5.46
Total '~7~ '~ S0
The proposed development requires 47 parking spaces and 50 have been provided.
Open Space:
Pursuant to LDR Section 4.3.4(K), the minimum open space in the GC (General Commemial)
zoning district. The conceptual plan indicates that 25.08% open space will be provided
including grass and unstabalized pavers. Pursuant to Appendix A of the Land Development
Regulations, open space is defined as all areas of natural plant communities or areas
replanted with vegetation after construction, such as: revegetated natural areas: tree, shrub,
hedge or ground cover planting areas; and lawns. Water bodies cannot be used to calculate
open space areas. Consequently, the conceptual plan must be revised to eliminate the
unstabalized pavers and that a minimum of 25% open space is provided and is attached as a
condition of approval.
Front Building Setback:
Pursuant to LDR Section 4.4.9(F)(3)(a), parcels shall have a minimum front setback of 5'
measured from the ultimate right-of-way line. The maximum setback shall be 15', unless it
can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to
comply with this standard. The development proposal consists of a 14' front setback to the
colonnade.
Additionally, in order to meet the intent of this requirement and the North Federal Highway
Redevelopment Plan, at least 50% of the retail bays (building frontage) along the east side of
the building should be located adjacent to Federal Highway without a parking area separation
and this is attached as a condition of approval.
Furthermore, the width of the columns of the colonnade is approximately 3.5' wide and 1'
deep. The columns should be more symmetrical to provide a sense of depth and is attached
as a condition of approval.
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Terminal Landscape Islands:
Pursuant to LDR Section 4.6.16(H)(3)(j), each row of parking must be terminated by a
landscape island. This landscape island has not been provided for the parking tier along the
east side of the building. A condition of approval is attached that the required terminal
landscape island is provided for this parking tier.
Self Service Storage Facility Special Regulations (North Federal Highway Overlay
District):
Building Height:
Pursuant to LDR Section 4.4.9(G)(2)(c)(2)(b), no building shall exceed 48' in height.
Pursuant to LDR Section 4.3.4(J)(1), building height is measured from grade to the highest
finished roof surface of a flat roof or to the mean level between eaves and ridge for gable, hip
or gambrel roofs. Pursuant to LDR Section 4.3.4(J)(2)(b), for buildings adjoining more than
one street, the grade is established as the average of the mean elevation of the crown of the
adjoining streets. The height of the proposed building needs to include the mean elevation of
the hip roofs not the finished roof. Furthermore, the grade needs to be established from the
average mean elevation of the crown of Federal Highway and Old Dixie Highway. The mean
elevation needs to be noted on the building elevation. Given these standards, the proposed
building exceeds the maximum building height. A condition of approval is attached that the
elevations are revised so the building does not exceed the maximum height.
Lot Area:
Pursuant to LDR Section 4.4.9(G)(2)(c)(1), the minimum lot area for self service storage
facilities is 1.5 acres and maximum lot area is 3 acres. The property subject to the
development proposal complies with this requirement since it consists of 1.80 acres.
Outdoor Bay Access:
Pursuant to LDR Section 4.4.9(G)(2)(c)(2)(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. The proposed
development complies with these requirements. There is no direct outdoor access to
individual storage bays. The access is internal to the building. The proposed loading bays
are located on the south side of the building and underneath an overhang. These loading
bays will not be noticeable from the adjacent roads.
Additional Uses:
Pursuant to LDR Section 4.4.9(G)(2)(c)(2)(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. The proposed development complies with this requirement as 5,810
square feet of retail floor area will be provided.
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Limitation of Wholesale/Storage Facilities:
The following are the specific requirements associated with wholesale/storage facilities in the
North Federal Highway Overlay District:
Pursuant to LDR Section 4.4.9(G)(2)(b)(2), the wholesale/storage facility must
maintain a commemial facade along North Federal Highway, with the light industrial
aspect of the business oriented toward Dixie Highway. The conceptual plan indicates
that the wholesale/storage facility will be located along the west side of the building.
As noted previously, the wholesale/storage facility must maintain a relationship with
commercial floor area along Federal Highway and is attached as a condition of
approval.
Pursuant to LDR Section 4.4.9(G)(2)(b)(3), the wholesale/storage facility must operate
within an enclosed building, with no outside storage. The conceptual plan indicates
that the proposed use will operate within the proposed structure.
Pursuant to LDR Section 4.4.9(G)(2)(b)(4), overhead doors must be oriented away
from adjacent rights-of-way, except where existing, or where the approving body
determines that it is not feasible to comply. The conceptual plan complies with this
requirement since there are no overhead doors oriented toward Dixie Highway or
Federal Highway.
Pursuant to LDR Section 4.4.9(G)(2)(b)(5), a landscape buffer consisting of a 4'-high
hedge and trees planted 25' on-center must be provided along Dixie Highway. The
conditional use application does include a landscape plan in order to determine
compliance with this requirement. A condition of approval is attached that the required
landscaping be provided and addressed during the site plan application process.
Limitation of Self Service Storage Facilities:
The following are specific requirement associated with self service storage facilities in the
North Federal Highway Overlay District:
Pursuant to LDR Section 4.4.9(G)(2)(c)(3)(a), activities not related to the rental or lease of
self service storage units shall not be conducted within the self service storage facility
area, unless specifically permitted through the conditional use process. The applicant
has not proposed any other use for the self service storage facility not related to the rental
or lease of the units. Any additional uses in this area of the building will require a
conditional use modification.
Pursuant to LDR Section 4.4.9(G)(2)(c)(3)(b), except as otherwise provided in subsection
(c), no business or activity other than self storage shall be conducted from any self
storage unit in the facility. Examples of prohibited uses include, but are not limited to the
following: the servicing, repair and/or restoration of automobiles, boats, recreational
vehicles, lawnmowers and the like; moving and self storage companies; cabinet making
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and wood working (whether personal or professional); personal hobbies and arts and
crafts; and any other activity unless specifically permitted through the conditional use
process. The application does not request any such businesses or activity. Therefore, a
conditional use modification would be necessary to operate any such uses in the future.
Pursuant to LDR Section 4.4.9(G)(2)(c)(3)(c), except as otherwise provided in this
subsection (c), there shall be no electrical power provided to, or accessible from, any
individual self storage units. This includes the provision of lighting fixtures to the interior
of a self storage unit, unless specifically addressed in the conditional use approval. The
use of portable generators is also prohibited. A condition of approval is attached that
prohibits the provision of electrical power and lighting to individual storage units and
portable generators.
Pursuant to LDR Section 4.4.9(G)(2)(c)(3)(d), the use or storage of any hazardous
materials in the self service storage facility is prohibited and is attached as a condition of
approval.
Pursuant to LDR Section 4.4.9(G)(2)(c)(3)(e), the terms and conditions of these
limitations must be clearly expressed in all self storage rental or leasing contracts, as well
as conspicuously displayed in plain view on a sign no smaller than 1' by 2' in the leasing
office at the facility and is a condition of approval.
On-Site Manager:
Pursuant to LDR Section 4.4.9(G)(2)(c)(4) & (5), an on-site manager shall be employed at
the facility during all hours of operation. Customers of the self service storage facility may
not access individual self storage units before 5:00 am or any later than 9:00 p.m. Hours of
operation may be further restricted when it is deemed that morning and evening traffic into
and out of the facility may negatively impact the character of an adjacent residential area. In
no circumstance shall customers of any self service storage facility have 24 hour access to
their self storage unit(s). A condition of approval is attached that an on-site manager be
employed at the facility during the hours of operation, which cannot be before 5:00 a.m. or
later than 9:00 p.m. and that customers can only access the facility during these times.
Special Landscape Requirements:
Pursuant to LDR Section 4.4.9(G)(2)(c)(6), in addition to all applicable landscape
requirements and other special provisions pursuant to the individual zone district, a
minimum ten foot (10') landscape buffer shall be required adjacent to Federal Highway and
Dixie Highway and a minimum five foot (5') landscape buffer shall be required along all
property lines that do not abut a roadway. As noted previously, the bicycle racks encroach
into the required landscape area along Federal Highway and also along Dixie Highway. The
condition of approval mentioned previously will also include the relocation of the bike rack
along Dixie Highway. The required 5' landscape strip has been provided along the north
and south sides of the property.
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Outdoor Storage:
Pursuant to LDR Section 4.4.9(G)(2)(c)(7), outdoor storage of boats and vehicles and truck
rental is prohibited and is attached as a condition of approval.
Architecture:
Pursuant to LDR Section 4.4.9(G)(2)(c)(8), all self service storage facility buildings must
comply with the following architectural standards:
Building facades visible from the public right-of-way shall have the appearance of a
service and/or retail building through the use of doors, windows, awnings, and other
appropriate building elements. The building is a contemporary architectural design. The
front elevation contains two towers and a mansard with standing seam metal roof. The
towers contain decorative brackets and the mansard contains outriggers. The building
contains balconettes with decorative brackets. The colonnade also contains a standing
seam metal roof with exposed beams. As noted previously the columns need to be
more symmetrical to provide a sense of depth, it is noted that the north and west
elevations are copies of the south and east elevations. Therefore, they do not accurately
depict the correct elevations. These elevations will be considered during the site plan
review process. The architectural style and use of features represented on the south
and east elevations need to be provided on the north and west side of the building and is
attached as a condition of approval.
Exterior building material shall be stucco or a similar material. The proposed building
complies with this requirement since it will be finished with stucco.
Buildings that can accommodate two or more stories shall be designed where facing a
street to have the appearance of a multi-story building through the use of windows,
doore, awnings, canopies or other appropriate building elements. The proposed building
has accomplished this design standard by providing faux windows, balconettes, sliding
doom, and canopies. The four-story building has the appearance of a three-story
structure.
Building facades facing a public right-of-way must have a 15% minimum transparency
consisting of windows that provide visibility from the public right-of-way from the interior.
The conceptual plans do not provide the data to determine compliance with this
requirement. Therefore, a condition of approval is attached that the information is
provided with the subsequent site plan application to determine compliance with this
requirement.
A self service storage facility shall not be located within a radius of 1,000 feet of another
existing storage facility. The nearest self service storage facility is located north of the
northwest corner of Federal Highway and Gulfstream Boulevard within the jurisdiction of
Boynton Beach, well outside of the 1,000 foot separation requirement.
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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
At its meeting of July 31, 2003 the CRA reviewed and recommended approval of the
conditional use request, subject to the following conditions:
1. Future signage should be compatible with the building's architecture and should be located on the
site plan clear of all safe sight corners.
2. Show turning radii for largest truck that will be utilizing the site and how it will access the loading
areas for the self-service storage use.
3. Verify with SWA that dumpster size is sufficient for the proposed uses. Location of dumpster
needs to be accessible to service vehicles. Turning radius of the vehicles would not be
accommodated within the 24' aisle.
4. Loading for the warehouse/storage tenant will need to be accommodated (depending on the items
to be stored). Provide explanation for what types of activities and function of the business. The
double doors which will likely be used for moving larger items into the space are not connected to
the parking, loading or service areas.
5. A minimum of 50% of the retail bays should be pulled up to the setback line (1 more 926 sf bay)
pursuant to the CPA's Board recommendation on the conditional use application for the self
service storage facility.
6. Detail floor plans including interior partitions and corridor layout needs to be provided at time of
SPRAB application. Note that the southern retail bays may need additional exits (via a rated
corridor). This may affect the size or amount of bays.
7. Site lighting should be upgraded to be consistent with the building's architecture. Decorative
lighting should be considered instead of concrete poles or cobra light fixtures.
8. Utility easements and ultimate right-of-way dimensions should be indicated.
9. Proposed on-site detention or retention (or alternative) should be indicated.
10. Indicate in the Conditional Use application and site plan that the retail uses fronting on Federal
Highway will not be ancillary uses to the SSSF but will be other retail and/or personal service uses
as represented at the May 22, 2003 CRA meeting (i.e. deli, barber shop, nail salon, specialty
restaurant, professional office, not retailing of packaging supplies, vehicle/truck/hitch rental, sales
or installation of hitches, etc.).
11. Landscape design should help the height transition to pedestrian scale.
Site Plan Review and Appearance Board:
If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the
site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The
site plan must address the concerns raised through the conditional use petition, and address
the listed "Technical Items" (Exhibit A).
Adjacent Municipalities
Notice of the conditional use has been provided to the Town of Gulf Stream and the City of
Boynton Beach. A response has not been received.
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Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
[] Kokomo Key
[] La Hacienda Homeowners Association
[] Seacrest Homeowners Association
[] North Palm Trail Homeowners Association
[] PROD
[] President's Council
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 proposed conditional use requests for Safe and Secure to allow a self service storage
facility and warehouse/storage facility is consistent with Chapter 3 of the Land Development
Regulations and the policies of the Comprehensive Plan. The "Technical Items" will be
addressed with the site plan modification submittal. Positive findings with respect to LDR
Section 2.4.5(E)(5) (Conditional Use Findings) can be made provided the conditions of
approval are addressed. The proposed redevelopment of the subject property will enhance a
blighted piece of property along the North Federal Highway corridor and will be compatible
with the adjacent uses.
Continue with direction.
Recommend approval of the conditional use request for a self service storage facility
and a warehouse/storage facility for Safe and Secure 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, and the policies of the
Comprehensive Plan subject to conditions.
Recommend denial of the conditional use request for a self service storage facility and
a warehouse/storage facility for Safe and Secure 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.
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Recommend to the City Commission approval of the conditional use request for a self
service storage facility and a warehouse/storage facility for Safe and Secure, 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, and the policies of the
Comprehensive Plan subject to the following conditions:
1. That a site plan modification be submitted which addresses the "Technical Items"
attached in Exhibit "A";
2. That the warehouse/storage use on the west side of the building be operated only in
conjunction with a service or retail use along the east side of the building;
That a landscape buffer consisting of a 4'-high hedge and trees planted 25' on-center
must be provided along Dixie Highway and addressed during the site plan application
process.
t
That prior to issuance of a building permit a letter must be submitted from the Palm
Beach County Traffic Engineering Division which states that the development proposal
meets the Palm Beach County Traffic Performance Standards Ordinance.
That the bike rack and pavers be relocated out of the special landscape setback and that
foundation landscaping and vertical elements be provided for the four story building along
Federal Highway and Old Dixie Highway;
6. That the conceptual plan be revised to eliminate the unstabilized pavers from the open
space calculation and that a minimum of 25% open space is provided;
7. That a minimum of 50% of the eastern building frontage comply with the required building
setback along Federal Highway;
8. That the columns be symmetrical to provide depth;
9. That the elevations are revised to conform with a maximum building height of 48'.
10.That the provision of electrical power and lighting to individual storage units and portable
generators is prohibited;
11.That the use or storage of any hazardous materials in the self service storage facility is
prohibited;
12. That the terms and conditions of the self service storage facility limitations must be clearly
expressed in all self storage rental or leasing contracts, as well as conspicuously
displayed in plain view on a sign no smaller than 1' by 2' in the leasing office at the
facility.
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13.That an on-site manager be employed at the facility during the hours of operation, which
cannot be before 5:00 a.m. or later than 9:00 p.m. and that customers can only access
the facility during these times.
14.That the outdoor storage of boats and vehicles and truck rental is prohibited.
15. That the building facades along Federal Highway and Dixie have a 15% minimum
transparency consisting of windows that provide visibility from the public right-of-way from
the interior.
16.That the required terminal landscape island is provided for the parking tier along the east
side of the property.
Attachments:
r~ Exhibit A
r~ Sketch Plan
Report prepared by: Scott Pape, Senior Planner
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1. That a detail of the dumpster enclosure is provided that demonstrates compliance with
LDR Section 4.6.6(C)(1) with the site plan application.
2. That a photometric plan is provided that demonstrates compliance with LDR Section
4.6.8 with the site plan application.
3. That a 6' by 24' maneuvering area is provided for the dead-end parking bay along the
east side of the property.
4. That a minimum 12' clearance is provided for the covered loading spaces per LDR
Section 4.6.10(D).
5. That a landscape plan is provided that demonstrates compliance with LDR Section
4.6.18 with the site plan application.
6. That a note is added to the site plan that indicates all service utilities will be placed
underground per LDR Section 4.6.8.
Site lighting must be provided in compliance with LDR Section 4.6.8. The lighting
locations and fixture details must be provided on the site plan and landscape plan as well
as the illumination requirements outlined in the above code section. The light poles
cannot exceed 25' in height to the top of the fixture and a photometric plan is required to
ensure compliance.
8. The locations of the NC units and mechanical must be indicated on the plans and
screened accordingly.
9. That a conceptual engineering plan be provided for paving, grading, water and sewer
with the site plan application.
10. That the unpaved portions of the adjacent rights-of-way shall be landscaped with sod
and irrigated.
11. Future signage should be compatible with the building's architecture and should be
located on the site plan clear of all safe sight corners.
12. Show turning radii for largest truck that will be utilizing the site and how it will access the
loading areas for the self-service storage use.
13. Verify with SWA (Solid Waste Authority) and BFI (Browning Ferris Incorporated) that
dumpster size is sufficient for the proposed uses. Location of dumpster needs to be
P & Z Board Staff Report
Safe and Secure - Conditional Use Request for Self Service Storage Facility and Warehouse/storage
Page 17
accessible to service vehicles. Turning radius of the vehicles would not be
accommodated within the 24' aisle.
14. Loading for the warehouse/storage tenant will need to be accommodated (depending on
the items to be stored). Provide explanation for what types of activities and function of
the business. The double doors which will likely be used for moving larger items into the
space is not connected to the parking, loading or service areas.
15. Detail floor plans including interior partitions and corridor layout needs to be provided at
time of SPR^B application. Note that the southern retail bays may need additional exits
(via a rated corridor). This may affect the size or amount of bays.
16. Site lighting should be upgraded to be consistent with the building's architecture.
Decorative lighting should be considered instead of concrete poles or cobra light fixtures.
17. Utility easements and ultimate right-of-way dimensions should be indicated.
18. Proposed on-site detention or retention (or alternative) should be indicated.
19. Indicate in the Conditional Use application and site plan that the retail uses fronting on
Federal Highway will not be ancillary uses to the SSSF but will be other retail and/or
personal service uses as represented at the May 22, 2003 CRA meeting (i.e. deli, barber
shop, nail salon, specialty restaurant, professional office, not retailing of packaging
supplies, vehicle/truck/hitch rental, sales or installation of hitches, etc.).
20. Landscape design should help the height transition to pedestrian scale.
21. That the correct elevations of the north and west sides of the building are provided with
the site plan application.
Z512 N, FEDERAL HWY
L
GULF STREAM
THE
ESTUARY
SAFE & SECURE
SELF STORAGE
CONDITIONAL USE
NORTH FEDERAL HWY.
MUNICIPAL BOUNDARIES
S
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HA'I~DEN.~CI'I~ MANAGER
PAUL DORL,.G.D.REC .O")OF P'^..,.O A.D ZO. .G
/!
MEETING OF SEPTEMBER 9, 2003
CONDITIONAL USE REQUEST TO ESTABLISH A LATE NIGHT BUSINESS FOR EXCEL
RESTAURANT WITHIN LINTON SQUARE PLAZA LOCATED AT THE NORTHEAST
CORNER OF CONGRESS AVENUE AND LINTON BOULEVARD.
Pursuant to the Land Development Regulations (LDR), a late night business is defined as any restaurant,
bar, lounge, nightclub, music hall, club, gasoline station, convenience store, convenience business, retail
store, grocery store, laundromat or similar use which is or will, at any time during a calendar year, be open
for business at any time between the hours of 12:00 midnight and 5 a.m. In addition, LDR Section
4.3.3(W) (2) (a) states that any late night business located or proposed to be located within a 300' straight
line route from any residentially zoned property shall obtain a conditional use permit from the City for the
operation of such use.
Excel Restaurant is described by the applicant as a restaurant and night club with an area to accommodate
a live band and dance floor. The hours of operation are proposed to be from 5:00 p.m. until 3:00 a.m. As
the business is located within 300' of residentially zoned property (Delray Estates and Delray Beach
Highlands) and will be open after 12:00 midnight, conditional use approval must be obtained. There will be
ten employees and a seating capacity of 336 persons. There is an existing monitored alarm system with
panic buttons for the subject bay. As the structure and all attendant facilities (parking, drainage, utilities,
etc.) are currently in place, no improvements are proposed with the petition. Conditions of approval include
the provision of additional lighting beneath the colonnade, at least one external security camera, three to
five internal security guards and two off-duty police officers outside when entertainment is provided, along
with a reduction in the proposed hours of operation. A complete analysis is found in the attached Planning
and Zoning Board staff report.
At a public hearing held on August 18, 2003, the Planning and Zoning Board considered the Conditional
Use request. The Board had discussions on whether the security cameras would be recording (to which the
applicant later stated that they would) and on future reoccupancy of the subject bays by another club and
whether they would need to return for conditional use approval. The applicant then spoke regarding the
recommended condition of approval pertaining to hours of operation and his proposed hours of operation.
After public comment in support of the applicants hours of operation, the Board voted 6-0 (Pike absent) to
recommend to the City Commission approval of the Conditional Use request to establish a late night
business for Excel Restaurant, based upon positive findings with respect to Section 2.4.5(E) (5) and
Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan, subject to the
attached list of conditions, which included limiting the hours of operation to no later than 2:00 a.m.
Approve the conditional use request to establish a late night business for Excel Restaurant, based upon the
findings and recommendations of the Planning and Zoning Board.
Attachments:
· Exhibit "A" (Recommended Conditions of Approval)
Planning and Zoning Board Staff Report of August 18, 2003
EXHIBIT "A"
RECOMMENDED CONDITIONS OF APPROVAL
That the proposed security plan consisting of internal security cameras with a recorded feed, a
monitored security alarm, three - five internal security guards, and two off-duty police officers outside
the premises is implemented with the security personnel being required when entertainment is
provided;
2. That the hours of operation do not exceed 2:00 a.m.;
3. That additional lighting is provided beneath the colonnade in compliance with the illumination standards
of LDR Section 4.6.8; and,
4. That at least one external security camera is installed in addition to the internal security cameras.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
---STAFF REPORT---
August 18, 2003
IV. C.
Conditional Use Request to Allow the Establishment of a 24-Hour or Late Night
Business to be Located Within 300 Feet of Residentially-Zoned Property for Excel
Restaurant (Quasi-Judicial Hearing).
GENERAL DATA:
Owner. ........................................ Gator Linton Partners, LTD.
Applicant/Agent .......................... Belony Excellent
Location ...................................... Located within the Linton
Square Shopping Center
at the northeast comer of
Linton Boulevard and
Congress Avenue.
Property Size .............................. 8.24 Acres
Future Land Use Map ................ GC (General Commercial)
Current Zoning ............................ PC (Planned Commercial)
Adjacent Zoning ................ North: MIC (Mixed Industrial &
Commercial)
East: CD (Conservation District)
South: POC (Planned Office Center)
West: RM (Single Family
Residential - Medium
Density), POD (Planned
Office Center), & R-1-A
(Single Family Residential)
Existing Land Use ...................... Shopping Center
-Proposed Land Use .................... Conditional use request to
allow the establishment of a
24-hour or late night
business.
Water Service ............................. Existing on site.
Sewer Service ............................. Existing on site.
IV. C.
The action before the Board is making a recommendation to the City Commission on a request
for Conditional Use approval to establish a 24-hour or late night business (Excel Restaurant),
pursuant to Land Development Regulations (LDR) Section 2.4.5(E).
The subject bay is at the northeast corner of Linton Square, which is located at the northeast
corner of Congress Avenue and Linton Boulevard (1459 & 1463 South Congress Avenue).
The development proposal involves Linton Square shopping center, which was originally zoned
Light Industrial (LI), but was rezoned to Special Activities District (SAD) on August 14, 1984 via
Ordinance No. 52-84. At the time of the rezoning the subject property also received conditional
use and site plan approval to allow a shopping center totaling 107,885 square feet of floor area.
Linton Square was constructed in 1985. Subsequent to the original site plan approval a
modification was approved administratively to relocate parking spaces from the rear of the
development to the front.
With the Citywide rezonings associated with the adoption of the Land Development Regulations
in October 1990, the property was rezoned to its current zoning designation of Planned
Commercial (PC).
It is noted that while the shopping center was originally approved for 107,885 square feet of
floor area only 104,620 square foot was developed. An approved outparcel was not able to be
developed due restrictions associated with the widening of Congress Avenue in the late 1980's.
The development proposal that is now before the Board is to establish a "24-hour or late night
business" (Excel Restaurant) within two bays located in the northeast corner of the Linton
Square shopping center.
Pursuant to the Land Development Regulations, a 24-hour or late night business is defined as
any restaurant, bar, lounge, nightclub, music hall, club, gasoline station, convenience store,
convenience business, retail store, grocery store, laundromat or similar use which is or will, at
any time during a calendar year, be open for business at any time between the hours of 12:00
midnight and 5 a.m. In addition, LDR Section 4.3.3(VV) (2) (a) (Conditional Use) states that
any 24-Hour or late night business located or proposed to be located within a 300' straight line
route from any residentially zoned property shall obtain a conditional use permit from the City
for the operation of such use. The distance shall be measured from the nearest point of the
property on which the 24-Hour or late night business is or will be located to the nearest point of
a residentially zoned property.
Excel Restaurant is described by the applicant as a restaurant and night club with an area to
accommodate a live band and dance floor. The hours of operation are proposed to be from
5:00 p.m. until 3:00 a.m. As the business is located within 300' of residentially zoned property
(Delray Estates and Delray Beach Highlands) and will be open after 12:00 midnight, conditional
use approval must be obtained. It is noted that with respect to the hours of operation, within the
City limits the sale of alcohol is prohibited after 2:00 a.m. Due to the inherent difficulty that
would exist in ensuring that no alcoholic beverages are served after 2:00 a,m. in an
establishment that would remain open after 2:00 a.m., it is suggested and attached as a
condition of approval that the hours of operation not exceed 2:00 a.m.
Planning & Zoning Board Staf, port
Conditional Use Request for a 24-Hour or Late Night Business (Excel Restaurant)
Page 2
The restaurant will occupy two bays totaling 6,000 square feet at the northeast comer of the
Linton Square shopping center, formerly occupied by Palace Restaurant and New York Men's
Clothing, neither of which were open past 12:00 midnight. There will be ten employees and a
seating capacity of 336 persons. There is an existing monitored alarm system with panic
buttons in the subject bays. Additional security measures will include security cameras and
three to five security personal that will be stationed inside the business and be equipped with
flashlights and two-way radios. Outside lighting exists and two off-duty Delray Beach police
officers will provide external security. As the structure and all attendant facilities (parking,
drainage, utilities, etc.) are currently in place, no improvements are proposed with the petition.
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to LDR Section 3.1.1 (Required Findings), prior to approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, 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 consistency with the Future Land
Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with
the LDR.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone district
and the zoning district must be consistent with the land use designation.
The subject property has a FLUM designation of General Commemial (GC) and a zoning
designation of Planned Commercial (PC). The PC zoning district is consistent with the FLUM
designation of GC. As previously stated, the proposed restaurant/night club is defined in the
LDR as a 24-hour or late night business as the business will be open until 2:00 a.m. LDR
Section 4.3.3(VV) (2) (a) (Conditional Use) states that any 24-hour or late night business
located or proposed to be located within a 300' straight line mute from any residentially zoned
property shall obtain a conditional use permit from the City for the operation of such use.
Pursuant to LDR Section 4.4.12(H) (2), within the PC zoning district, 24-hour or late night
businesses are allowed as a conditional use. Based upon the above, a positive finding with
respect to consistency with the FLUM can be made.
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided
to new development concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service established within the
Comprehensive Plan.
The development proposal consists of the establishment of a late night restaurant/night club
(open until 2:00 a.m.) within two shopping center bays previously occupied by a restaurant and
men's clothing store, neither of which operated past 12:00 midnight. Traffic volumes
associated with the proposed late night restaurant/night club operation will be the same as that
generated by the previous restaurant and retail operations. The proposal will not have an
impact on water and sewer demands, drainage, or parks and recreation facilities. Concurrency
findings as they relate to solid waste are discussed below.
Solid Waste:
The 6,000 square foot restaurant/night club will generate 74.7 tons of Solid waste per year
(6,000 sq. ft. x 24.9 = 149,400 lbs. per sq. ft. / 2,000 lbs. = 74.7 tons), which is an increase of
Planning & Zoning Board Stat port
Conditional Use Request for a 24-Hour or Late Night Business (Excel Restaurant)
Page 3
22.05 tons over the previous restaurant and retail uses combined. The Solid Waste Authority
has indicated that its facilities have sufficient capacity to handle all development proposals till
the year 2021.
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 goals, objectives, and policies of the adopted Comprehensive Plan was
conducted and the following applicable policy is noted:
Housin.q Element Policy A-12.3 - In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to negatively impact
the safety, habitability and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the project shall
be modified accordingly or denied.
The proposed use abuts residential property to the west across Congress Avenue. The nearest
residential structures are located approximately 135' to the west from the subject property. The
restaurant occupies two bays, one of which was previously used as a restaurant, therefore
there will be similar odors and noise generated. It is noted that the subject bay is located in the
interior corner of the shopping center and the entrance to the bay faces the parking lot as well
as Congress Avenue. While live music is proposed within the restaurant/night club, the actual
bays are located approximately 350' from the adjacent residentially zoned properties, which, as
previously noted, are on the opposite side of Congress Avenue from the proposed
restaurant/night club. Traffic volumes will not increase and circulation patterns will not change
with the establishment of the proposed use. Based upon the above, the business will not have
the potential to negatively impact the safety, habitability, and/or stability of the adjacent
residential areas.
LDR SECTION 2.4.5(E) (REQUIRED FINDINGS):
Pursuant to LDR 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 following zoning designations and uses border the property:
Direction: Zoning:
North MIC
South GC
East CD
~Vest R-l-A, RM,
and POD
Use:
Vacant land
Business and Professional Offices (Arbors Office Park)
Vacant land, C.S.X. Railroad, and 1-95 rights-of-way
Single-family residences (Delray Beach Highlands), multiple-family
residences (Delray Beach Estates), and a bank (Wachovia Bank)
Planning & Zoning Board Sta! port
Conditional Use Request for a 24-Hour or Late Night Business (Excel Restaurant)
Page 4
As previously stated, the proposed use abuts residential property to the west with the nearest
residential structures being located approximately 350' to the west. It is noted there are
presently no other businesses located in the shopping center that operate after 12:00 midnight.
The proposed late night restaurantJnight club will be located within an existing shopping center
and no extedor changes to the site are proposed. The entrance faces the parking area and is
also buffered from the many of the adjacent residential properties by a portion of the shopping
center structure as well as Congress Avenue. As the proposed use will be within an existing
shopping center with the entrance interior to the center, there are no concerns with respect to
compatibility with the developed residential properties to the west or with the non-residential
properties to the north, south, and east. Based upon the above, the proposed use will not have
an adverse impact on the surrounding area, nor will it hinder development or redevelopment of
nearby properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
(VV) 24-Hour or Late Ni.qht Businesses:
(2) Requirements: Unless otherwise specified, the following regulations shall apply to 24-
Hour or late night businesses:
(a)
Conditional Use: Any 24-hour or late night business located or proposed to be
located within a 300' straight line route from any residentially zoned property shall
obtain a conditional use permit from the City for the operation of such use. The
distance shall be measured from the nearest point of the property on which the 24-
hour or late night business is or will be located to the nearest point of a
residentially zoned property.
(b)
Conditions: In addition to complying with Section 2.4.5(E) of the Land
Development Regulations, all other applicable regulations, and with any conditions
imposed through the conditional use process, the following conditions shall apply
to all 24-Hour or late night businesses which meet the requirements of subsection
(2) (a):
Security Plan: A 24-Hour or late night business shall submit a secudty plan
detailing the manner in which the business intends to address the security of
the establishment, its patrons, employees and nearby residents. A
convenience business as defined in Section 812.171, Florida Statutes (2000),
as may be amended from time to time, is exempted from filing a security plan
with the City pursuant to this subsection. However, convenience businesses
shall comply with all applicable provisions of Sections 812.101-812.175,
Florida Statutes (2000), as may be amended from time to time. A secudty
plan shall include, at a minimum, a detailed description of the following:
a. External lighting;
b. Other external secudty measures, such as security cameras or other
similar measures; and,
c. Internal secudty measures, such as drop safes, silent alarms, security
personnel or other similar measures.
Planning & Zoning Board Stat port
Conditional Use Request for a 24-Hour or Late Night Business (Excel Restaurant)
Page 5
The existing shopping center contains lighting, however additional lighting should be provided
beneath the colonnade in compliance with the illumination standards of LDR Section 4.6.8.
There is sufficient lighting in the rear parking area and adjacent to the dumpster.
The applicant has stated that there will be a monitored alarm system with panic button as well
as a security camera system for the subject bay. Also, three to five security guards will patrol
the internal areas of the establishment while two off-duty City of Delray Beach police officers
will provide additional security outside. It is noted that while security cameras are to be
provided inside of the business at least one additional camera should be provided outside of the
business. The provision of this additional secudty measure is attached as a condition of
approval.
2. Bufferin.q: A 24-Hour or late night business shall provide adequate buffering
to minimize the effects of noise and to act as a visual buffer to the property
from nearby residential districts.
The shopping center does not immediately abut any residential neighborhoods; however it is in
close proximity to both the Delray Estates and Delray Beach Highlands neighborhoods. The
entrance of the business faces the shopping center parking area, which is buffered from these
nearby residential properties by a portion of the shopping center structure as well as Congress
Avenue, a distance of approximately 350'. No further buffering appears necessary.
(c) Findin.qs: In addition to any findings required by Section 2.4.5(E) of the Land
Development Regulations, and any other required findings, the following specific
findings shall be made in order for any 24-Hour or late night business to be
approved for a conditional use:
That the use will be consistent with Housing Element A-12.3 of the
Comprehensive Plan of the City of Delray Beach.
That the submitted secudty plan contains measures adequate to reasonably
protect the safety of patrons, employees and nearby residents.
That the amount and type of proposed buffedng is adequate to minimize the
effects of noise impacts upon surrounding uses and nearby residential
properties and to act as a visual buffer to the property from surrounding uses
and nearby residential properties.
Based upon the previous analysis discussed in the staff report, the proposed use will be
consistent with Housing Element Policy A-12.3, which relates to maintaining stability. With
regard to security, the existing shopping center contains lighting, however additional lighting
should be provided beneath the colonnade in compliance with the illumination standards of LDR
Section 4.6.8. Per the applicant, additional measures such as the provision of internal security
cameras and security personnel will be undertaken. However, at least one external security
camera should be installed and this is attached as a condition of approval. With regard to
buffering, given the existing configuration of the shopping center, location of the parking area,
and its separation from the nearby residential developments by Congress Avenue, there should
be no noise impacts on the adjacent residential areas. Based upon the above, positive findings
can be made with respect to LDR Section 4.3.3(W) (2) (c).
The subject property is not in a geographical area requiring review by the Downtown
Development Authority (DDA) or Community Redevelopment Agency (CRA).
Planning & Zoning Board Sta! port
Conditional Use Request for a 24-Hour or Late Night Business (Excel Restaurant)
Page 6
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
· Abbey Delray North
· Abbey Delray South
· Crosswinds
· Delray Beach Highlands
· Delray Estates
· President's Council
· Progressive Residents of Delray
(P.R.O.D.)
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Notices were also provided to the tenants within the Linton Square shopping center.
To date, one letter of objection has been received and is attached. Any additional letters of
objection and/or support, if any, will be presented at the Planning and Zoning Board meeting.
The proposed conditional use for Excel Restaurant will not increase the current intensity of the
site. The development proposal is consistent with Chapter 3 of the Land Development
Regulations and the policies of the Comprehensive Plan, including Housing Element Policy A-
12.3. Also, positive findings with respect to LDR Sections 2.4.5(E) (5) (Conditional Use
Findings) and 4.3.3(W) (2) (c) (24-Hour or Late Night Businesses), can be made as the
proposal will not have an adverse impact on the surrounding area nor will it hinder development
or redevelopment of nearby properties, provided the conditions of approval are addressed with
respect to providing additional lighting and secudty measures, and limiting the hours of operation
so as not to exceed 2:00 a.m.
A. Continue with direction.
B. Recommend approval of the conditional use request for a 24~hour or late night business
(Excel Restaurant), based upon positive findings with respect to Chapter 3 (Performance
Standards), Section 2.4.5(E) (5) (Required Findings), and Section 4.3.3(W) (2) (c) (24-Hour
or Late Night Business Findings) of the Land Development Regulations, and consistency
with Housing Element Policy A-12.3 of the Comprehensive Plan, subject to the conditions of
approval.
C. Recommend denial of the conditional use request for a 24-hour orlate night business (Excel
Restaurant), based upon a failure to make positive findings with respect to Section 2.4.5(E)
(5) (Conditional Use Findings) and Section 4.3:3(W) (2) (c) (24-Hour or Late Night Business
Findings) of the Land Development Regulations, and consistency with Housing Element
Policy A-12.3 of the Comprehensive Plan, that the proposed use will hinder development or
redevelopment of nearby properties and the proposed development will result in a
degradation of nearby neighborhoods.
Recommend to the City Commission approval of the conditional use request to establish a 24-
hour or late night business (Excel Restaurant), based upon positive findings with respect to
Chapter 3 (Performance Standards), Section 2.4.5(E) (5) (Required Findings), and Section
Planning & Zoning Board Stal ~port
Conditional Use Request for a 24-Hour or Late Night Business (Excel Restaurant)
Page 7
4.3.3(VV) (2) (c) (24-Hour or Late Night Business Findings) of the Land Development
Regulations, and consistency with Housing Element Policy A-12.3 of the Comprehensive Plan,
subject to the following conditions:
1. That the proposed security plan consisting of internal security cameras, a monitored
security alarm, three - five internal security guards, and two off-duty police officers
outside the premises is implemented;
2. That the hours of operation do not exceed 2:00 a.m.;
3. That additional lighting is provided beneath the colonnade in compliance with the
illumination standards of LDR Section 4.6.8; and,
4. That at least one external security camera is installed in addition to the internal
secudty cameras.
Attachments:
· Loca~on Map
· Site Plan
· FIo0~ Plan
· Letter of Objection
Staff Report Prepared by:
Robert G. Tefft, Planner
LOWSON
OFFICE
DEPOT
ARBORS
OFFICE
PARK
EXCELL
RESTAURANT
CONDITIONAL USE
REQUEST
1585 S. CONGRESS AVE,
EXISTING PLAZA COMPLEX
SUPPLEMENTAL INFORMATION
S
m
L NTON BLVD.
TO:
THRU:
FROM:
SUBJECT:
_.[DDT. HARDEN, CITY MANAGER
~~'~RP~OI~PLANNING AND ZONING
MICHELLE E. HOYLAND, SENIOR PLANNER ~~. ~L~ ~V~
MEETING OF SEPTEMBER 9, 2003.
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S DENIAL OF
A CLASS I SITE PLAN MODIFICATION ASSOCIATED WITH MALLORY SQUARE.
The action requested of the City Commission is that of a consideration of an appeal of the Site Plan
Review and Appearance Board's denial of Class I site plan modification for Mallory Square. The
subject property is located at the southeast corner of SE 5th Avenue (southbound Federal Highway)
and SE 3rd Street, within the CBD (Central Business District) zoning district.
The SPRAB actions were taken on August 13, 2003, and appealed on August 22, 2003 by Cary
Glickstein, President of Ironwood Properties, Inc. The appeal is being processed pursuant to LDR
Section 2.4.7(E) Appeals.
The development proposal involves a Class I site plan modification for the elimination of the
requirement to install a tot lot at the recreation area within the Mallory Square multiple family
residential (townhome) development.
A complete analysis of the proposal is found in the attached Site Plan Review and Appearance Board
staff report.
At its meeting of August 13, 2003, SPRAB considered the Class I site plan' modification for Mallory
Square. The Board denied the Class I site plan modification as they had concerns with respect to the
lack of recreation areas for small children in this 84-unit townhome development. Also, the Board
noted they had similar concerns with the initial approval of the Class V and attached the provision of a
tot lot as a condition of approval.
The applicant wishes to eliminate the "Tot-Lot" apparatus, and replace it with additional paver (deck)
materials that would allow for seating areas (two tables with large umbrellas and chairs) adjacent to
the grill station because there was a "prospective pool deck area deficiency and that a Tot-Lot is not
the best use of this space." Additionally, the applicant stated that "of the 84 townhomes,
approximately 54 have been sold, and none of the current owners/contract purchasers have small
children that would use a tot lot."
The Board felt that the elimination of the tot lot is not appropriate and therefore, they could not make
positive findings with respect to the Open Space and Recreation Element Policy A-3.1 of the
Comprehensive Plan.
City Commission Documentation
Meeting of September 9, 2003
Appeal of SPRAB Action - Mallory Square - Tot Lot
Page 2
On August 22, 2003, the Site Plan Review and Appearance Board action was appealed by Cary
Glickstein, President of Ironwood Properties, Inc. The basis for the appeal is that the action taken by
the Site Plan Review and Appearance Board (SPRAB) was:
· Contrary to the weight of the evidence presented at the meeting of August 13, 2003.
The appeal request describes in groat detail a spatial deficiency of the Tot-Lot aroa as it was not
constructed to the dimensions which were indicated on the site plan. However, staff does not feel that
this is relevant to the elimination of the Tot-Lot area as smaller or different equipment than that which
was originally planned for could be utilized (i.e. swings, ride-on toys, etc.). Additionally, staff does not
feel that the sales "trend" is an adequate reason for removal of the tot lot as a trend can not be
predicted for future owners of the townhomes. As with anything else trends change. As with other
urban areas it is not out of the question to think that families would not want to located within or be in
close proximity to the downtown area. As we implement smart growth principles, new development
should be able to accommodate a variety of ages to provide a range of housing opportunities. The
trend which has been occurring with fee-simple townhomes in the downtown is that investors aro
purchasing these units for re-sale as well as part-time residents. It can be anticipated that permanent
occupancy may not be realized until the investors sell these units. It is also noted, that the subject
area where the tot lot is to be located has already been converted to a paver brick deck aroa.
Therefore, the site is currently not in compliance with the approved plans of record.
Uphold the Site Plan Review and Appearance Board's decision of denial.
Attachments: SPRAB Staff Report
Appeal Letter
Agent:
Project Name:
Project Location:
Cary Glickstein
Mallory Square - Tot Lot
310 SE 6th Avenue (Federal Highway)
The item before the Board is that of approval of a Class II Site Plan Modification for the
elimination of a Tot Lot at Mallory Square, pursuant to LDR Section 2.4.5(G)(1 )(a).
The subject property is located at the southeast corner of SE 5th Avenue (southbound
Federal Highway) and SE 3rd Street, within the CBD (Central Business District) zone
district.
A development proposal has been submitted to eliminate the requirement to install a tot
lot at the recreation area within the Mallory Square multiple family residential
(townhome) development.
At its meeting of December 12, 2001, SPRAB approved a Class V site plan for the
construction of 84 three-story townhouses on the property which was formedy occupied
by the Steve Moore automotive dealership. The development is 30% complete.
The applicant proposes to eliminate the tot lot which is to be located on the west side of
the pool area and the Class II site plan modification is now before the Board for action.
The applicant has submitted the following statement supporting the request:
'`The Application is submitted to address what we perceive as prospective pool
deck area deficiency. Specifically, of the 84 townhomes, approximately 54 have
been sold, and none of the current owners/contract purchasers have small
children that would use a tot lot. Currently, we have one buyer with an infant
child and 3 or 4 buyers with middle school age (and older) children. As we do
not expect this trend to change in any matedal way, a "Tot-Lot" is not the best
use of this space, which is only 13' by 28', exclusive of the perimeter landscape
area. In this regard, the modification request seeks to eliminate the '`Tot-Lot"
apparatus, and replace it with additional paver (deck) materials that would allow
for seating areas (two tables with large umbrellas and chairs) adjacent to the gdll
Meeting Date: August 13, 2003
Agenda Item: V.A.
SPRAB Staff Report
Mallory Square Tot Lot - Class II Site Plan Modification
Page 2
station. The current pool deck area does not have enough reom for both
comfortable seating areas for dining and an adequate number of pool lounge
chairs and the like adjacent to the pool. This revision would require no change to
the landscape or engineering plans."
The following Comprehensive Plan policies were noted with the original Class V site
plan review:
Open Space and Recreation Element Policy A-3.1 - Tot lots and recreation areas
serving children from toddlers to teens, shall be a feature of all new housing
developments as part of the design to accommodate households having a range
of ages. This requirement may be waived or modified for residential
developments located in the downtown area, and for inflll projects having fewer
than 25 units.
The proposed recreation area includes a pool and barbecue facilities. Since the project
is located in the downtown area, the requirement to provide recreational facilities for
children may be waived. This policy may be waived for projects in the downtown
because the City recognizes the following: that households located in the downtown
are likely to have fewer children than those located in suburban settings; that land in the
central business district is at a premium and it can be cost prohibitive to provide
recreational features such as tennis courts, volleyball courts, etc.; and, that there are
other cultural and recreational opportunities located in the downtown that are not readily
available to residents of suburban apartment complexes. However, it seems
appropriate to make accommodations adjacent to the pool area for tots or small
children. Accommodations for teens will be provided by the City at the proposed teen
center on the block south of this development.
Housing Element Policy B-2.2 The development of new adult oriented
communities within the City is discouraged. New housing developments shall be
designed to accommodate households having a range of ages, especially families
with children, and shall be required to provide 3 and 4 bedroom units and activity
areas for children ranging from toddlers to teens. This requirement may be
waived or modified for residential development located in the downtown area,
and for infill projects having fewer than 25 units.
This project will not be excluded to occupancy by adults only. However, it is
acknowledged that downtown dwellings are not typically occupied by households with
children. While the development contains three bedroom units, which can
accommodate small families, it is anticipated that this complex will primarily
accommodate young and middle-age professionals. This is an 84 unit infill
development at the edge of the downtown area. As allowed by this policy, it is
appropriate that this project not be required to provide 4 bedroom units, however it is
appropriate to provide an activity area for children, which would accommodate
residents, children and grandchildren.
SPRAB Staff Report
Mallory Square Tot Lot - Class II Site Plan Modification
Page 3
Based upon the above, and with the location of the City's teen center one block south of
the development, the Board felt it was appropriate to waive the requirement to provide
recreation areas for teens. As the development is located at the edge of the downtown
area without accommodations for smaller children in the area, the Board and staff felt it
was appropriate to provide a tot lot and the applicant agreed. However, the Board felt
the tot lot should be centrally located. While the Class V site plan report included a
condition that recreational facilities for children was to be provided at the pool area or
elsewhere on-site, the Board modified the condition to state that the recreation area for
children was located at or near the pool area. The applicant submitted plans
addressing the condition of approval which provided a tot lot on the west side of the
pool area. Consideration could be given to providing the recreational opportunities in a
different manner at another location on the property. Perhaps at the northeast and
southeast corner of the property. While current buyers may not have children, future
buyers could. Even if residents do not have children, they may have grandchildren or
other relatives or visitors that may.
With respect to the "trend' which the applicant sites as a justification for removal of the
tot lot, staff does not feel that this is an adequate reason for removal of the tot lot as a
trend can not be predicted for future owners of the townhomes. As with anything else
trends change. As with other urban areas it is not out of the question to think that
families would not want to located within or be in close proximity to the downtown area.
As we implement smart growth principles, new development should be able to
accommodate a variety of ages to provide a range of housing opportunities. The trend
which has been occurring with fee-simple townhomes in the downtown is that investors
are purchasing these units for re-sale as well as part-time residents. It can be
anticipated that permanent occupancy may not be realized until the investors sell these
units. It is also noted, that the subject area where the tot lot is to be located has already
been converted to a paver brick deck area. Therefore, the site is currently not in
compliance with the approved plans of record.
Based on the above, staff does not support the elimination of the recreational facility for
small children (tot lot).
Deny the Class I Site Plan Modification for the elimination of the tot lot at Mallory based
upon a failure to make positive findings with respect to the Open Space and Recreation
Element Policy A-3.1 of the Comprehensive Plan.
Attachments:
Overall Site Plan
Pool Area Site Plan
P. 1
* * * CO~ LCATIOM RESULT REPORT (AUG. 13.21i 10:50AM
TTI CITY OF DELRAY BEACH
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
920 MEMORY TX 92790611 OK P. 8×8
REASON FOR ERROR
E-i) HANG UP OR LIME FAIL
E-3) MO ANSWER
33444
(561) 243-7041
(561) 243-7221 FAX
e-mail: ~)zmail@ delravolan nin.q.om_
FA$C/M/LE COVER
DATE:
TO:
FROM:
Number of Pages Including Cover Sheet:
E-2) BUSY
E-4) HO FACSIMILE COHHECTIOM
COMMENTS
SHEET
1993
2001
S.E 3rd STFIE~T =~
MALLOfl¥ SQUARE for
IRONWOOD FI:~OFERTIES, INC.
Real Estate Development
Construction Services
RECEIVED
AU(} 2 2 2003
CITY CLERK
August 22, 2003
Hand-Delivered
Ms. Barbara Gafito
City Clerk
100 NW 1st Avenue
Delray Beach, Florida 33444
Re: Petition for Appeal to City Commission
Dear Ms. Oarito:
Please accept this letter as our appeal request regarding the SPRAB decision of August
13, 2003, for Agenda Item 5. A., whereby our request for a site plan modification to
eliminate the proposed tot-lot for Mallory Square was denied.
The current project site plan shows a small tot-lot area, that is accessible through a gate
located adjacent to the west side of the pool area. At the time of SPRAB approval of our
original site plan, we had no objections to placing a tot-lot on the property. It is only
after reviewing the actual space available for tot-lot equipment did we conclude that a tot-
lot is not appropriate for the properly.
The actual space for the tnt-lot is both consistent and inconsistent with the approved
project plans, tn addressing certain issues that were discussed during SPRAB
deliberations, we subsequently learned that the current site plan has some dimensional
errors, which created some confusion among the SPRAB members in their consideration
of our modification request. Specifically, the site plan contains a dimensional and scale
error that show the outside wall dimensions of the tot-lot to be 4' longer than the inside
wall dimensions, and when the drawing is scaled, the area of the tot-lot appears 4' larger
than some of the numerical dimensions shown on the site plan. However, the inside wall
dimensions match the approved engineering plans, and the surveyor, who staked the
locations of the mt-lot wall comers, used these inside wall dimensions. The tot-lot walls
w~we then constructed pursuant to the surveyor's instructions. In doing so, the location of
the (west) tot-lot wall matches equally the distance from the roadway curb as that of the
east wall of the pool/recreation area - thus, it is centered (as was intended) in the middle
of the entire property. Further, the tot-lot wall is situated as far west as possible before it
would encroach into platted utility easements.
277 Southeast Fifth Avenue · Delray Beach, Florida 33483
Telephone: 561.279.8952 · Facsimile: 561.279.0611
_ . www. ironwoodprope~ies.com
Ms. Barbara Garito
August 22, 2003
Page 2
In short, the tot-lot wails were built pursuant to the surveyor's instructions, which are
consistent with the inside wail dimensions on both the approved site plan and engineering
plans, but the outside wail dimensions and the scaied area show the tot-lot area to be 4'
larger than it is.
During my presentation to SPRAB, I described two eentrai reasons for our site plan
modification request: (1) the available area was unsafe for tot-lot equipment, and (2) with
approximately 70% (60 homes) of the project sold, and with only one saie to a family
with children young enough to benefit from tot-lot equipment, there was a greater need
for more adult recreation area in the form of additional deck area for seating and eating.
In connection with the first item, during our presentation to SPRAB, I described the
actual field measurements of the net available space for the tot-lot equipment (after
deduction for perimeter landscape materials) to be approximately 9' wide in the middle
(where the equipment would be located) and approximately 28' in length (without
deduction for access areas). In this regard, it was (and remains) our position that the
designated tot-lot area does not ailow enough room for children to safely use
commercial-grade play equipment, which is approximately 5'-6' wide. In other words, if
a child were to fall or jump offthe equipment at either of the two narrower sides, there is
only 18" of clear area, before a child would fail into a 24" landscape border and then into
a masonry wait.
I believe most SPRAB members agreed that the area I described was too small to safely
use as a tot-lot, however three members were understandably confused as the area
appears larger in plan that what has been built, due to the reasons mentioned above.
However, it seemed that some SPRAB members were placing more importance on
satisfying the policy ofp~viding children's amenities over other concerns. To be sure,
we recognize (and agree with) the policy of addressing recreation areas for children in
planning residentiai projects. However, we feel a different standard should apply to
progressive in-fill, downtown housing, adjacent to Federal Highway, and that such in-fill
projects should be reviewed on a case-by-case basis. In this regard, Mailory Square's
current density of 21.7 units per acre has a much lower density than the 30 units per acre
allowed in CBD zoned districts, such that even with the modest density (vis-/t-vis
ailowable density) of Mailory Square, it has proven difficult to provide functionai and
safe play areas for young children. Our point is that we did not maximize density at the
expense of providing recreation areas, and that to require a play area for young children
in. order to satisfy a general policy, places a higher vaiue on generalized policy than on
safety and reality - the safety of those the policy was meant to benefit, and the reaiity of.
the demographics that are driving the downtown housing markets, both locally and
nationally.
Ms. Barbara Gafito
August 22, 2003
Page 3
With regard to the second item, as most of homes will be occupied by adults and older
children, there is a need for more seating area by the pool. Although the current site plan
provides a nice outdoor grill area by the pool, there will be little room for people to
comfortably cook and eat outside after provisions for chaise lounges, assorted tables and
chairs, and circulation areas. Specifically, we had hoped to substitute chairs and
umbrella tables for tot-lot equipment in order to provide more outside dining area away
from the main pool deck area. In fact, although the pool area has not been opened to the
homeowners, we have know there are concerns about seating areas and potential noise
from a tot-lot area (for those wanting to relax by the pool).
Lastly, I think both staff und SPRAB members failed to acknowledge that a large
swimming pool should satisfy, in part, the general policy of providing a children's
recreation area. In this regard, just as responsible parents would not leave young
children unsupervised in a pool area, those same parents would not leave (and the HOA
would not allow) young children unsupervised on a tot-lot equipment, which at some
level begs the question as to what is the difference.
For the above-stated reasons, we respectfully request that the SPRAB decision on this
matter be overturned such that we are not required to install tot-lot equipment on the
Mallory Square property.
Respectfully Submitted,
IRONWOOD PROPERTIES, INC.
Cary Glickstein
President
cc: Rustem Kupi, AIA
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
P NING AND ZONING
MEETING OF SEPTEMBER 9, 2003.
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S DENIAL OF
ARCHITECTURAL ELEVATIONS ASSOCIATED WITH A CLASS III SITE PLAN
MODIFICATION FOR BORTON MOTORS.
The action requested of the City Commission is that of consideration of an appeal of the Site Plan
Review and Appearance Board's denial of elevations associated with a Class III site plan modification
for Borton Motors. The subject property is located on the east side of North Federal Highway,
approximately 1,500 feet north of Allen Avenue (2201 N. Federal Highway).
The SPRAB actions were taken on August 13, 2003, and appealed on August 26, 2003, by Roger
Saberson, attorney for Borton Motors, Inc. The appeal is being processed pursuant to LDR Section
2.4.7(E) Appeals.
The development proposal involves a Class III site plan modification for the expansion of an existing
car dealership. The modification was for the construction of a new 3,596 sq. ft. get-ready building;
reconfiguration of the existing 34-space parking area to accommodate 57 spaces and the get-ready
building; and, installation of associated landscaping. A complete analysis of the proposal is found in
the attached Site Plan Review and Appearance Board staff reports.
On July 9, 2003, the Site Plan Review and Appearance Board (SPRAB) considered a Class III site
plan modification, landscape plan and architectural elevations for the expansion to the Borton Motors
dealership. There was one member of the public (Gulfstream resident to the east) who expressed
concern over the delivery times and the noise levels that are going to be generated by this facility.
The Board expressed concerns with the use of the metal building and the hours of operation.
Additionally, the applicant was not present for the project presentation and the Board was
apprehensive about approving the elevations without seeing a complete presentation from the
applicant. After a lengthy discussion the Board approved the site plan and landscape plan, but
ultimately tabled the architectural elevations associated with the new structure.
Then at its meeting of August 13, 2003, SPRAB reconsidered the elevations associated with the
Class III site plan modification. There were two members of the public (Gulfstream residents to the
east) who expressed concern over the aesthetics, lighting, delivery times (hours of operation) and the
noise levels that are going to be generated by this facility. The Board expressed concerns with the
use of the metal building. After a lengthy discussion, the Board denied the architectural elevations
associated with the new get-ready building. The applicant is appealing this decision.
City Commission Documentation
Meeting of September 9, 2003
Appeal of SPRAB Action - Borton Motors Dealership
Page 2
On August 26, 2003, the Site Plan Review and Appearance Board action was appealed by Roger
Saberson, attorney for Borton Motors, Inc. The basis for the appeal is that the action taken by the
Site Plan Review and Appearance Board (SPRAB) was:
· Inconsistent with the LDR's (Land Development Regulations);
· Contrary to the weight of the evidence presented at the meeting of August 13, 2003.
The applicant has submitted the following statement supporting the appeal:
"The architectural elevations associated with the Class III site plan modification for the
construction of a new 3,596 sq. ft. carwash/get ready building complies with all applicable code
requirements and was recommended for approval by the planning staff and was unanimously
approved by the Community Redevelopment Agency ("CRA'). A motion was made at SPRAB to
approve the request but it failed 2-4 and no further motions were made, and hence SPRAB in effect
denied the request. The focus of the discussion by SPRAB members was primarily on the type of
building which is a metal building. Despite being advised by the planning staff (Mr. Scott Pape) that
metal buildings are not prohibited by the Code the Board nonetheless denied the request even though
the carwash/get ready building is set back approximately 400' from the right-of-way of Federal
Highway and will be behind an existing showroom building, thus barely visible, if at all, from Federal
Highway. Also, immediately to the south of the Borton Volvo dealership is a very large metal building
permitted by the City for the "Flea Market" which is clearly visible from Federal Highway. In view of
the above, it is respectfully submitted that the Board was in error in denying the request and its action
should be reversed and approval of the architectural elevations for the carwash/get ready building
should be granted by the City Commission."
Staff feels that the proposed elevations comply with LDR Section 4.6.18(B)(14) and should be
approved.
Overturn the Site Plan Review and Appearance Board's decision of denial and approve the elevations
for Borton Motors, based upon positive findings with respect to Section 4.6.18(B)(4) of the Land
Development Regulations, subject to the following conditions:
1. That the support posts for the awning be indicated on the site and elevation plans;
2. That the support poles for the awning match the color of the awning; and,
3. That the elevations be revised to correctly indicate the type of landscape material proposed.
Attachments: SPRAB Staff Reports
Appeal Letter
Agent:
Project Name:
Project Location:
Mark Marsh, AIA
Borton Motors
The subject property is located on the east side of North
Federal Highway, approximately 1,500 feet north of Allen
Avenue (2201 N. Federal Highway).
The item before the Board is that of approval of the architectural elevations associated
with the Class Ill site plan modification for Borton Motors, pursuant to LDR Section
4.6.18.
On July 9, 2003, the Site Plan Review and Appearance Board (SPRAB) reviewed the
Class III site plan modification, landscape plan and architectural elevations for a new
3,596 sq. ft. get-ready building; reconfiguration of the existing 34-space parking area to
accommodate 57 spaces and the get-ready building; and, installation of associated
landscaping. There was one member of the public (Gulfstream resident to the east)
who expressed concern over the delivery times and the noise levels that are going to be
generated by this facility. The Board expressed concerns with the use of the metal
building and the hours of operation. Additionally, the applicant was not present for the
project presentation and the Board was apprehensive about approving the elevations
because they would prefer seeing a complete presentation from the applicant. After a
lengthy discussion the Board approved the site plan and landscape plan however,
ultimately tabled the architectural elevations associated with the new structure.
LDR Section 4.6.18(B)(14) Criteria for Board Action: The following criteria shall be
considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of
plans for building permits. If the following criteria are not met, the application shall be
disapproved:
(a) The plan or the proposed structure is in conformity with good taste, good
design, and in general contributes to the image of the City as a place of
beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality.
Meeting Date: August 13, 2003
Agenda Item:
Site Plan Review and App~ ~nce Board Memorandum Staff Repo
Architectural Elevations for uorton Motors
Page 2
(b) The proposed structure, or project, is in its exterior design and appearance of
quality such as not to cause the nature of the local environment or evolving
environment to materially depreciate in appearance and value.
(c) The proposed structure, or project, is in harmony with the proposed
developments in the general area, with the Comprehensive Plan, and with the
supplemental criteria which may be set forth for the Board from time to time.
The proposal is to construct a 3,596 sq. ft. metal carwash/get-ready building east of
(behind) the existing used car sales building, which is located on the western side of the
overall development (facing N. Federal Highway). The new metal structure has five
large garage door openings on the east side of the building. Four of these openings do
not contain doors and the mechanical car wash bay has a steel overhead bay door.
Along the west side of the building there are six large garage door openings with a steel
overhead bay door for the mechanical car wash bay. The entire building is to be
painted Frost White. A 79' long by 2' high, white, canvas scalloped edge awning is
proposed to project 10' from the east and west sides of the building, which should assist
in obscuring the bay openings. It is anticipated that the awning will need support posts,
however such posts have not been indicated on the plans. Therefore, attached as a
condition of approval is that the support posts be indicated on the site and elevation
plans and that the poles match the color of the awning. The north and south sides of
the get-ready building do not contain any architectural treatments. The elevation
drawings indicate hedging and palm trees adjacent to the north and south sides of the
building. However, the landscape plan does not indicate a hedge and Silver
Buttonwood and Live Oak trees are to be located adjacent to these elevations.
Therefore, attached as a condition of approval is that the elevations be revised to
correctly indicate the type of landscape material proposed and that grcundcover and
hedge material be utilized to help soften these elevations.
Hours of Operation:
The Board and one member of the public (Jason Bianchini, Gulfstream resident
immediately to the east) expressed concems with the hours of operation associated
with deliveries, trash pickup and compressor equipment at the Borton Volkswagon
facility. The parts and service department gets parts deliveries in the late evening and
eady morning hours and the deliveries occur on the north side of the building. The
dumpsters are located in the northeast comer of the development, adjacent to
residences with the Town of Gulf Stream, and the trash is typically picked up in the
moming. As these issues are not being modified by the subject proposal, staff feels that
it is more appropriate that these items are handled through the Code Enforcement
Division of the Community Improvement Department and the Dealership Manager. It is
noted that Jason Bianchini, adjacent Gulfstream resident, has been in contact with the
General Manager of the Borton Facility and has written a letter to the Code Enforcement
Division regarding his concerns. As a result, trash is collected at a more reasonable
hours.
Site Plan Review and App, ~nce Board Memorandum Staff Repo'
Architectural Elevations for 15orion Motors
Page 3
With respect to the truck deliveries and the off-loading of vehicles, which primarily
occurs on the west side of the proposed get-ready building during normal business
hours, this function occurs within an approved vehicle loading area. Further, the new
get-ready building should serve as a separator/buffer between the vehicle loading area
and the adjacent residences to the east.
Approve the elevations for Borton Motors, based upon positive findings with respect to
Section 4.6.18(B)(4) of the Land Development Regulations, subject to the following
conditions:
1. That the support posts for the awning be indicated on the site and elevation plans;
2. That the support poles for the awning match the color of the awning; and,
3. That the elevations be revised to correctly indicate the type of landscape matedal
proposed.
Attachments:
· Staff Report dated July 9, 2003
Staff Report Prepared by: Michetle Hoyland, Senior Planner
SITE PLAN REVIEW AND APPEAr NCE BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
July 9, 2003
V.C.
Approval of a Class III Site Plan Modification, Landscape Plan and
Amhitectural Elevations Associated with the Construction of a New
3,596 Sq. Ft. Carwash/Get-Ready Building.
BOULEVN~D
GENERAL DATA:
Owner/Applicant .................... Borton Motors, Inc.
Agent ...................................... Digby, Bddges, Marsh &
Assoc., Mark Marsh, AIA
Location .................................. East side of North Federal
Highway, approximately 1,050
ft. north of Allen Avenue.
Property Size .......................... 2.24 Acres
Land Use Map Designation .... General Commercial
Existing City Zoning ................ AC (Automotive Commercial)
Adjacent Zoning ............ North: GC
East: Town of Gulf Stream - RS
(Single Family Residential)
South: AC
West: GC
Existing Land Use .................. Vacant
Proposed Land Use ................ Construction of a new 3,596
Water Service .........................
Sewer Service .........................
sq. ft. carwash/get-ready
building for Borton
Volkswagen, with associated
parking and landscaping.
Available via connection to an
existing 12" water main
Federal Highway (U.S. 1 )
Available via connection to an
existing 8" sewer main in North
Federal Highway (U.S. 1 )
The action before the Board is that of approval of the following aspects of a Class III site
plan modification for the Borton Motors Dealership, pursuant to LDR Section
2.4.5(G)(1)(c):
[] Site Plan;
[] Landscape Plan; and,
[] Architectural Elevations.
The subject property is located on the east side of North Federal Highway,
approximately 1,500 feet north of Allen Avenue (2201 N. Federal Highway).
The subject property consists of Lots 2, Borton Motors Plat 2, contains 2.24 acres and is
zoned AC (Automotive Commemial). At its meeting of May 14, 1997, the Site Plan
Review and Appearance Board (SPRAB) approved the site plan, landscape plan and
building elevations for the Borton Volkswagen Dealership. The development proposal
included a two-phased project to establish a Volkswagen automobile dealership, which
was combined with the existing Borton Volvo dealership immediately to the south. The
proposal consisted of the following:
Phase h Incorporated the west one-third of the property (adjacent to Federal Highway)
and included the following:
[] Demolition of the existing structures and removal ofthe existing billboard;
El Construction of a 2,220 sq.ft, showroom building with a service write-up booth and
canopy (1,763.5 sq.ft.) on the building's south side;
[] Construction of a 70-space parking lot which includes 30 bullpen spaces;
[] Installation of a scalloped paver block display area, adjacent to Federal Highway;
[] Installation of paver block customer and employee areas on the east side of the
showroom building and at the southwest side of the wdte-up booth stacking lanes;
[] Installation of a two dumpster trash enclosure at the northeast corner of Phase I;
and,
[] Installation of associated landscaping.
Phase Ih Incorporated the east two-thirds of the property and included the following:
[] Construction of a 9,162 sq.ft, service building addition to the east side of the
showroom building;
[] Construction of 96 additional parking spaces (including 74 bullpen spaces) and
relocation of parking spaces displaced by the service building addition for a total of
176 parking spaces; and,Installation of associated landscaping.
At its meeting of September 17, 1997, the Board approved a Class I site plan
modification request to change the architectural elevations to enclose the front porch for
additional showroom area.
SPRAB Staff Report
Borton Motors Dealership - c,,ass III Site Plan Modification, Landscape F~o~, and Building Elevations
Page 2
Then, at its meeting of June 5, 2000, the Site Plan Review and Appearance Board
(SPRAB) approved a Class II site plan modification, landscape plan and building
elevations for Phase II of the Borton Volkswagen Dealership. The proposal consisted of
the following:
Elimination of the 9,162 sq. ft. service building;
Reconfiguration of the previously approved parking lot layout including 116 bullpen
parking spaces and 52 standard spaces;
Installation of a vehicle off-loading area;
A new single dumpster enclosure at the northeast comer of the site; and,
Installation of associated landscaping.
Also on July 5, 2000, the Site Plan Review and Appearance Board approved a Class V
site plan, landscape plan and building elevations for the construction of the new Borton
Volkswagon Dealership which included the following:
Construction of 17,456 sq.ft, structure containing a two story showroom and one
story service center with 17 bays for repair and service of vehicles;
A service write-up booth and canopy located along the south side of the showroom;
Construction of a 94 space parking lot;
Installation of a paver block display area along North Federal Highway;
A new double dumpster trash enclosure to be located at the northeast corner of the
site;
Installation of a 6' high concrete block wall along the east property line; and
Installation of associated landscaping throughout the site.
At its meeting of May 7, 2002, the City Commission approved the final plat for Borton
Motors Plat 2. The plat defined two lots: Lot 1 for the existing Borton Motors Used Car
Sales facility and Lot 2 for the new Borton Volkswagon Dealership.
The improvements for both Phases I and II have been constructed. A site plan
modification has been submitted for construction of a get-ready building, which is the
action now before the Board.
The development proposal involves the following:
Construction of a 3,596 sq. ft. carwash/get-ready building to be located on the east
side of the existing used sales building;
Reconfiguration of the existing 34-space parking area (customer parking and bullpen
parking) at the east side of the property to accommodate 57 spaces and the get-
ready building; and,
Installation of associated landscaping and walkways.
SPRAB Staff Report
Borton Motors Dealership - ~,ass III Site Plan Modification, Landscape Pt~f~; and Building Elevations
Page 3
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the site and development
application/request.
LDR Section 4.3.4(K) Development Standards Matrix:
The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it
pertains to the AC zoning district:
· 48' 14'
-- ,:i. - Front 5' min./15' max. N/A
"~,~ ~ Side Interior (West) 10' 405'6"
Side Interior (North) 10' 310'8"
Side Interior (South) 10' 10'
Rear (East) 10' 100'
~ 25% 25.5%
LDR Chapter 4.6 Supplementary District Regulations:
Parking:
Pursuant to Section 4.6.9(C)(3)(f), auto sales shall provide 4 spaces per 1,000 sq.ft, of
total building(s) area, except indoor display areas. Required parking spaces shall be
designated for employee, customer and/or service use at the standard of, at least, 1.5
spaces per service bay and 2 spaces per 1,000 sq.ft, of floor area (less indoor display
area). Any remaining spaces may be used for display purposes.
With the approval of the Phase I and II site plans, a parking analysis of the entire project
was conducted and it was found that the site plan complies with the City's parking
requirements for dealerships. The new carwash/get-ready building contains one
mechanical car wash bay, nine vehicle preparation bays and a 247 sq. ft. storage area.
Therefore, the proposed 3,596 sq. ff. structure requires fifteen (15) parking spaces.
Based on the above, 15 spaces must be designated for employee or service use and
indicated on the site plan. The proposal includes the reconfiguration of an existing
parking area to accommodate the construction of the new building. There are 34
existing parking spaces immediately adjacent to the proposed building and ten (10) of
these parking spaces are being eliminated to accommodate the new building. However,
there are twenty-one (21) new parking spaces proposed on the north side of the
building and two new parking spaces are being proposed by enlarging the existing
twenty (20) space parking area on the east of the new building. Therefore, a total of
fifty-seven (57) parking spaces will be located immediately adjacent to the new building.
This requirement has been met, however, attached as a condition of approval is that the
SPRAB Staff Report
Borton Motors Dealership - t.,,ass III Site Plan Modification, Landscape P,,=~ ,, and Building Elevations
Page 4
parking calculations for the overall site be provided on the site plan, and the 15 spaces
designated for employee or service use are indicated on the site plan.
Lighting:
Pursuant to LDR Section 4.6.8. a site lighting and photometric plan must be provided
including pole and fixture details. Additionally, the requirements of 4.4.10(G)(6), which
relate to lighting restrictions must be adhered to. Exterior light fixtures shall not exceed
25' in height; shall be directed away from adjacent properties; shall be a sharp cutoff
luminary, shall confine light to the site only; and shall not exceed the following
illumination when measured at ten feet inside any property line:
a) 100-foot candles within display areas;
b) 40-foot candles within all other areas; and,
c) After 11:00 p.m., the illumination in display areas shall be reduced to
50-foot candles.
A photometric plan was provided with a detail of the lighting fixture. The pole is 25' in
height and a "shoe box" style fixture is proposed. The locations of site lighting have not
been indicated on the site plan or landscape plan and these plans will need to be
revised to indicate all existing and proposed lighting. The existing lights do not comply
with the above requirements as the subject area is not vehicle display, and will need to
be modified as part of this proposal. In addition, the photometric plan must be revised
to indicate that the foot-candle levels will be reduced to 40 foot-candles. Given the
above and proximity to the residential property to the east, the foot-candle levels along
the east property line should be decreased to enhance compatibility with the adjacent
neighborhood. These items have been attached as conditions of approval.
Locational Restrictions:
Pursuant to LDR Section 4.4.10(G)(4)(a)(Locational Restrictions), repair facilities and
paint and body shops shall be located at least 100 feet from any residentially-zoned lot.
Service bay doors shall not be oriented toward any adjacent residentially-zoned
property, except where currently existing, nor oriented toward any adjacent public street
unless it can be demonstrated to the Site Plan Review and Appearance Board that it is
not feasible to comply.
While this section does not apply, the building has been set back 100' from the east
property line, which is residentially-zoned. With regard to the overhead doors on the
east side of the new get-ready building, additional understory trees (such as Simpson
Stopper trees) should be planted along the eastern property line in order to mitigate any
potential impacts on the adjacent residential neighborhood. While it is noted that a 7'
high wall exists along with a Simpson Stopper hedge and Live Oak trees every 25'
along the east property line, additional buffering is appropriate. Further, should the new
get-ready building ever be converted from vehicle prep/get-ready use to service or
repair use, a site plan modification will be required and the overhead doors on the east
side of the building would need to be eliminated.
SPRAB Staff Report
Borton Motors Dealership- ~,,ass III Site Plan Modification, Landscape P,a,,, and Building Elevations
Page 5
Cross Access Easement:
The subject property abuts the Borton Volvo Dealership to the south. The Borton Volvo
and Volkswagon Dealerships operate as one campus with cross access easements
existing throughout the site. It is noted that a new 24' wide driveway is proposed
between the subject property and the adjacent Volvo property to the south. In order to
allow access between the two separately platted properties a cross access easement
must be recorded prior to certification of the site plan. This item has been attached as a
condition of approval.
Technical Items: While the revised site plan has accommodated most of the staff
concerns the following items remain outstanding, and will need be addressed
prior to building permit submittal.
1. That the use of Type "D" curbing be indicated on the site plan, landscape plan and
engineering plan.
2. That the site tabulation table be revised to correctly indicate the existing building
square footages.
3. That the site plan, engineering plan and landscape plan be drawn at the same scale.
4. That the support posts for the awnings be indicated on the site, landscape and
engineering plans.
There is extensive landscaping which currently exists on the property. The proposed
landscaping will match the existing landscaping. Adjacent to the new parking area the
landscaping includes five relocated Silver Buttonwood trees and one new Silver
Buttonwood tree. Along the south side of the proposed building there are two existing
Live Oak trees and one relocated Live Oak tree. The landscape plan does not include
groundcover or underplantings within the landscape islands or adjacent to the building
within the foundation planting area. Therefore, attached as a condition of approval is
that all existing and proposed groundcover and underplantings be indicated on the
landscape plan within the area to be modified. It is appropriate that foundation plantings
are installed along the north and south sides of the building. As noted previously, the
existing trees along the east property line must be supplemented with additional trees to
further buffer the get-ready area. These trees should consist of understory type trees
(i.e. Simpson Stopper trees) and has been attached as a condition of approval.
The proposal is to construct a 3,596 sq. ft. metal carwash/get-ready building east of
(behind) the existing used car sales building, which is located on the western side of the
property (facing N. Federal Highway). The new metal structure has five large garage
SPRAB Staff Report
Borton Motors Dealership - ~,ass III Site Plan Modification, Landscape F.,...,, and Building Elevations
Page 6
door openings on the east side of the building four of these openings do not contain
doors and one opening (mechanical car wash bay) has a steel overhead bay door.
Along the west side of the building there are six large garage door openings with a steel
overhead bay door enclosing the mechanical car wash bay. The entire building is to be
painted Frost White. A 79' long by 2' high, white, canvas scalloped edge awning is
proposed to project 10' from the east and west sides of the building. It is anticipated
that the awning will need support posts, however such posts have not been indicated on
the plans. Therefore, attached as a condition of approval is that the support posts be
indicated on the site and elevation plans and that the poles match the color of the
awning. The north and south sides of the get-ready building do not contain any
architectural treatments. The elevation drawings indicate hedging and palm trees
adjacent to the north and south sides of the building. However, the landscape plan
does not indicate a hedge and Silver Buttonwood and Live Oak trees are to be located
adjacent to these elevations. Therefore, attached as a condition of approval is that the
elevations be revised to correctly indicate the type of landscape material proposed and
that groundcover and hedge material be utilized to help soften these elevations.
Pursuant to LDR Section 2.4.5(G)(l)(c)(Class III Site Plan Modification), a Class III
site plan modification is a modification to a site plan which represents either a
change in intensity of use, or which affects the spatial relationship among
improvements on the land, requires partial review of Performance Standards
found in LDR Sections 3.1.1 and 3.2.3, as well as required findings of LDR Section
2.4.5(G)(5).
Pursuant to LDR Section 2.4.5 (G)(5) (Findin.qs), with a Class III site plan
modification formal findings under Section 3.1.1 are not required. However, a
finding that the proposed changes do not significantly affect the originally
approved plan must be made concurrent with approval of a Class III modification.
The development proposal involves construction of a free standing get-ready building
containing 3,596 sq.ft., which includes reconfiguration of existing bullpen parking areas.
Pursuant to LDR Section 2.4.5(G)(5), this minor modification does not significantly
impact the previous findings as they relate to consistency with the Future Land Use
Map, Concurrency or the Comprehensive Plan. The proposal is consistent with the
North Federal Highway Redevelopment Plan as it provides economic stimulation and
investment in the area. Compliance with the Land Development Regulations was
discussed earlier in this report. The development proposai's minor impact on
Concurrency is discussed below.
Traffic:
As required by LDR Section 2.4.3(E), a traffic analysis must be submitted indicating the
proposed traffic impact presented by the proposal. A traffic impact study has been
submitted based on an increased net floor area of 3,547 square feet. However, the
proposal is for a new vehicle carwash/get-ready building which contains a mechanical
carwash, a storage area and four and a half detailing bays within 3,596 sq. ft. Attached
as a condition of approval is that the traffic analysis be revised to reflect to the correct
SPRAB Staff Report
Borton Motors Dealership - ,..,ass III Site Plan Modification, Landscape F ..... and Building Elevations
Page 7
square footage proposed. The study indicates that the net increase in floor area will
generate 126 net average daily trips per day onto the surrounding roadway network.
Federal Highway is currently operating at a level-of-service of "D" with 30,646 average
weekly trips. The proposed modification will not cause the reduction of the level-of-
service to an "F" rating along Federal Highway. The traffic study will be transmitted to
Palm Beach County Traffic Division once it is revised to reflect the correct square
footage for the proposed building. It is anticipated that the proposal will meet traffic
concurrency standards. Based upon the above, a positive finding with respect to traffic
concurrency can be made. A condition of approval is attached that a letter from Palm
Beach County Traffic Division is provided stating that the proposal complies with the
Palm Beach County Traffic Performance Standards Ordinance, prior to issuance of a
building permit.
Solid Waste:
The proposed 3,596 sq. ft. addition will generate 16.54 tons of solid waste per year
(3,596 sq.ft, x 9.2 Ib./sq.ft./year = 33,083.2 lbs/2,000 lb. = 16.54 tons). The Solid Waste
Authority indicates in its annual report that the established level of service standards for
solid waste will be met for all developments until 2021 and as this pamel was
envisioned for this type of use, it was factored into the County-wide assessment for
solid waste.
Community Redevelopment A.qency
The CRA board considered this project at its meeting of June 12, 2003, and
unanimously recommended approval of the proposal.
Adjacent Municipalities
Notice of the proposal has been provided to the Town of Gulf Stream and the City of
Boynton Beach and responses have not been received to date.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
PROD
President's Council
Kokomo Key
La Hacienda
Seacrest Neighborhood Association
Letters of support and objection, if any, will be presented at the SPRAB meeting.
SPRAB Staff Report
Borton Motors Dealership - ~..,ass III Site Plan Modification, Landscape F..~., and Building Elevations
Page 8
The development proposal involves the construction of a 3,596 new vehicle
carwash/get-ready building and reconfiguration of an existing parking area. The
proposal will be consistent with LDR Section 3.1.1 and Section 2.4.5(G)(5) of the Land
Development Regulations, and policies of the Comprehensive Plan. Compliance with
the Land Development Regulations wilt be obtained provided the conditions of approval
are addressed. The development proposal is compatible with the adjacent commercial
properties, provided the site lighting illumination is reduced and additional
buffering/trees are installed along the east property line.
A. Continue with direction.
B. Approve the Class III site plan modification, landscape plan and architectural
elevations for Borton Motors Dealership, based upon positive findings with respect
to Section 3.1.1(Performance Standards) and Section 2.4.5(G)(5) (Findings) of the
Land Development Regulations and the policies of the Comprehensive Plan subject
to conditions.
C. Deny the Class III site plan modification, landscape plan and architectural elevations
for Borton Motors Dealership, with the basis stated.
By Separate Motions:
Site Plan:
Approve the Class III site plan modification for Borton Motors Dealership, based on
positive findings with respect to Chapter 3 (Performance Standards), and Section
2.4.5(G)(5) (Findings) of the Land Development Regulations and policies of the
Comprehensive Plan subject to the following conditions:
1. Address all Site Plan Technical Items and submit three (3) copies of the revised
plans;
2. That the parking calculations for the overall site be provided on the site plan, and
that the 15 spaces designated for employee or service use are indicated on the site
plan;
3. That the site lighting adjacent to the get-ready building and bullpen parking area not
exceed 40 foot-candles to comply with LDR Section 4.6.8, 4.4.10(G)(6) and to
enhance compatibility with the adjacent residential neighborhood and the
photometric plan is revised accordingly;
4. That the site lighting pole locations are indicated on the site and landscape plans;
SPRAB Staff Report
Borton Motors Dealership- t..,ass III Site Plan Modification, Landscape P,,~.. and Building Elevations
Page 9
5. That a cross access easement allow access between the Borton Volkswagon and
BoRon Volvo properties be recorded prior to certification of the site plan;
6. That the traffic analysis be revised to reflect to the correct square footage proposed;
and,
7. That a letter from Palm Beach County Traffic Division is provided stating that the
proposal complies with the Palm Beach County Traffic Performance Standards
Ordinance, prior to issuance of a building permit.
Landscape Plan:
Approve the landscape plan for Borton Motors Dealership, based on positive findings
with respect to Section 4.6.16 of the Land Development Regulations, subject to the
following conditions:
1. That all existing groundcover and underplantings be indicated on the landscape plan
within the area to be modified;
That additional understory trees, such as Simpson Stopper trees be installed along
the east property line to buffer the get-ready building from the residential properties;
and,
3. That groundcover and hedge material be utilized to help soften the north and south
elevations.
Elevations:
Approve the proposed elevations for Borton Motors Dealership, based on positive
findings with respect to LDR Section 4.6.18., subject to the following conditions:
1. That the support posts for the awning be indicated on the site and elevation plans;
2. That the support popes for the awning match the color of the awning;
3. That the elevations be revised to correctly indicate the type of landscape matedal
proposed.
Attachments:
· Site Plan
· Landscape Plan
· Building Elevations
Report prepared by: Michelle E. Hoyland, Senior Planner
P.
* ~ ~ COMML .CATIOM RESULT REPORT ( AU~. 8.~ 4:32PM )
TTI CITY OF DELRAY BEACH
FILE MODE OPTIOM ADDRESS (~ROUP) RESULT PA~E
737 MEMORY TX 92787841 OK P. 19719
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P/.~4NN~N~ ~ ZONLNE~ D~PARTJI~NT
100 N.W, 1= AVENUE
DELRAY BEACH, FLORIDA 33444
(561) 243-7041
(561) 243-7221 FAX
e-mail: ~3zmail~delravDlanninq;or§
FA$CIMI COVER SHEll'
DATE: August 8. 2003
TO: Mark Marsh
FROM: Michelle Hoyland / Loretta Heussi
Number of Pages Including Cover Sheet: 19
COMMENTS
2001
ROGER
LAW OFFICE OF
G. SABERSON, P.A.
70 a.E. 4th Avenue
Delrey Beech, FL 33483
Telephone: (561) 272-8816
August 26, 2003
Mrs. Barbara Garito
City Clerk
City of Del .ray Beach
100 NW l'~Ave.
Delray Beach, FI. 33444
Re:
RECEIVED
CtER
Appeal of Site Plan Review and Appearance Board Decision
Date of Decision: August 13, 2003
Decision: Denied request for approval by Borton Motors, Inc.
pertaining to architectural elevations associated with a Class III site plan
modification for the construction of a new 3,596 sq. ff. ~arwash/get ready
building.
Dear Mrs. Garito;
This appeal is filed on behalf of Borton Motors, Inc,, the applicant, and the
specific action requested of the City Commission is that It reverse the decision of the
Site Plan Review and Appearance Board ('SPRAB") and grant approval of architectural
elevations associated with the Class III site plan modification request of Borton Motors,
Inc. for the construction of a new 3,596 sq. ff, carwash/get ready building.
In accordance with the Land Development Regulations pertaining to appeals the
following information Is provided;
1. Identification of action which is beino aooealed-the decision of the Site Plan Review
and Appearance Board on August 13, 2003 denying the request for approval by Borton
Motors, Inc. pertaining to~e architectural elevations associated with a Class III site
plan modification for the construction of a new 3,596 sq. ft. carwash/get ready building.
This was Agenda Item V. F. on SPRAB's agenda of August 13, 2003.
2. Identification of who took the actio0 and when it was made-this information Is
provided in the above paragraph.
3. The basis of the appeal- the architectural elevations associated with the Class III site
plan modification for the construction of a new 3,596 sq. ff. carwash/get ready building
complies with all applicable code requirements and was recommended for approval by
the planning staff and was unanimously approved by the Community Redevelopment
Agency ("CRA"). A motion was made at SPRAB to approve the request but it failed 4-2
and no further motions were made, and hence, SPRAB in effect denied the request.~
The focus of the discussion by SPRAB members was primarily on the type of building
Mrs. Barbara Garito
City Clerk
August 26, 2003
Page 2
which is a metal building. Despite being advised by the planning staff (Mr. Scoff Papa)
that metal buildings are not prohibited bythe Code the Board nonetheless denied the
request even though the carwash/get ready building is set back approximately 400'
from the right of way of Federal Highway and will be behind an existing showroom
building, thus barely visible, if at all, from Federal Highway. Also, immediately to the
south of the Borton Volvo dealership is a very large metal building permitted by the City
for the "Flea Market~ which is clearly visible from Federal Highway. In view of the above,
it is respectfully submiffed that the Board was in error in denying the request and its
action should be reversed and approval of the amhitectural elevations for the
carwash/get ready building should be granted by the City Commission.
4, Name of appellant and the aoDellant'~lntere~t Ir~ this matter-the appellant is Borton
Motors, Inc. and its interest in this maffer is that it is the owner of the subject properly
and it will, if approval is granted, construct and use the proposed building that is the
subject of this appeal.
Enclosed is the required filing fee in the amount of $300.00. Please advise me
when this matter will be scheduled for City Commission consideration.
Thank you.
Roger G. Saberson
Attorney for Borton Motor~, Inc.
LAW OFFIO~ OF
ROGER g. SABERSON, P.a.
?0 $.E. 4th Avenue
Delay Beach, FlOrida 33483
Telephone: (561) 272-86'J6
Facsimile: (561) 276-5603
PLEASE DELIVER TO; MR, BOB BARCINSKI FAX if 243-7t99
FROM: Roger G. 8aberaon
DATE: September g, 2003
NUMBER OF PAGES (Inoluding Cover Sheet): 2
DESCRIPTION: BORTON MOTORS AGENDA ITEM 9 F.
Dear Bob;
Per our dieouselon please find enclosed my letter requesting a oontinuance
on behalf of Borton Motors.
Sincerely,
Roger
'll~leTalecopy: Will__WillNot X ,, be fallowed by the deliv~' ~f an origirml hard copy.
~you ?a.ve e~ dif~ .ou?y receiving ~ls copy.please call ~ Immediately. When transmitting documents
ua mat mqmm our mmadlate attention, p~ea~e call and advi~e us, since our fax machine I,~ not ~ntinuou$1y
monitored.The infonmatien corffained in this tramunleaion ie attorney privileged and confidential and ~ intended only
for the uae of the addressee named above. If you am not the Intended recipient, you are hereby advised that any
distribution or capldng of this cammunlcatlon le ,~triotly prohibited. If you have mcelved this cummunlcatlon In eh'or,
please nottfy Ibis firm immediacy by collect telephone call and tatum the incon~ctJy transmitted documents to us et
the above address via the U.S. Mall. We will reimburse you for your out of po~et expenses. Thank you,
Fa~lmlle - (561) 2765803
I 'd 8L~t'0N ~d0t:8 666i '6['des
70 $.E. 4th AYenue
Oelrey Beth, FI. ~483
ROGER
I~W OFFIOE OF
G. S^BERSON, P.A.
September 9, 2003
Telephone: {581} 272-B818
Mayor and Members of
the City Commission
City of Del~ray Beach
100 NW 1" Ave.
Delray Beach, FI.
Re: BoRon Motors-Agenda Item 9 F.
Dear Mayor and City Commission;
On behalf of my Glient we request a continuance of the above Item. Mr. Sheffer
the owner of Borton Motors would appreciate the opportunity of speaking with the
Commission concerning the appeal but cannot be at tonight's meeting, We request that
the Item be continued to ~e October 7, 2003 Regular Commission meeting,
Thank you for your consideration.
Singly yours, .
Cc. Mr. Bob Baroinski
Mr. Lomn Sheffer
~ 'd 8L~?'ON ~dO?:8 666L '6L'~eS
TO:
THRU:
FROM:
H~.~ITY MANAGER
SUBJECT:
MEETING OF SEPTEMBER 9, 2003 - REGULAR AGENDA
REVIEW A REQUEST FROM TAPAS FOR THE PURCHASE OF
FOUR (4) IN-LIEU PARKING SPACES.
Tapas, located at 8 East Atlantic Avenue, (currently mixed use retail/residential) has
submitted a Class III site plan modification for the conversion of approximately 2,580 square
feet of retail space to restaurant in addition to maintaining the 370 square foot non-
conforming residential unit on the upper floor.
Pursuant to Land Development Regulations (LDR) Section 4.4.13(G)(1) this conversion
requires the provision of seven (7) additional parking spaces for a total of 17.
USE REQUIREMENT TOTAL SQ. FT. FORMULA TOTAL
Retail 1 per 300 scI. ft. 2,580 2580 / 300 8.60
Restaurant 6 per 1000 sq. ft. 2,580 2580 / 1000 x 6 15.48
Total new spaces required 6.88
Reconfiguration of the existing ten (10) space non-conforming parking area in the rear of the
building will allow for the provision of 13 parking spaces. This reconfiguration creates three
(3) new parking spaces. Therefore, the applicant is requesting the purchase of four (4) in-
lieu parking spaces, at cost of six thousand dollars ($8,000) each for a total of twenty four
thousand dollars ($24,000), to be paid in full upon submission of a building permit
application.
The existing parking area at the rear of the property will be brought into compliance with
respects to landscaping, striping and the provision of one (1) handicapped parking space as
required by the American's with Disabilities Act.
The Parking Management Advisory Board, at their meeting of August 26, 2003, unanimously
recommended approval of the applicant's request.
By motion, approve the request from Tapas for the purchase of four (4) in-lieu parking
spaces, in the amount of twenty four thousand dollars ($24,000), to be paid in full at the time
of submission of a building permit application.
CITY OF DELRII¥ BEflI:H
Ali-America City
1993
2001
100 N.W 1st AVENUE
TO:
FROM:
David T. Harden
City Manager
CRobert A. Barcinski
Assistant City Manager
DELRAY BEACH FLORIDA 33444
DATE:
September 3, 2003
SUBJECT: Agenda Item City Commission Meeting September 9~ 2003
Special Event Request - Hoops 4 All 3 on 3
ACTION
City Commission is requested to consider approval of a new proposed event "Hoops 4 All 3 on 3"
sponsored by A & Associates and the Police Athletic League to be held on October 25m and 26th,
2003 from 9:00 a.m. to 4:00 p.m., and to consider approval ora temporary use permit per LDR's
section 2.3.6 (h) for the closure of Atlantic Avenue from NW/SW Ist Avenue to NW/SW 5~h
Avenue as well as the western portion of the Tennis Center parking lot. Commission is also
requested to provide staff support as requested.
BA CKGR 0 UND
Attached is a proposal received from Mr. Andrew Luchey on behalf of A & Associates and
P.A.L. for a 3 on 3 basketball tournament to be held on October 25th and 26th on Atlantic Avenue.
They are also asking for the use of a portion of the west end of the Tennis Center parking lot as
well as the general purpose room at the Tennis Center.
The event sponsor will be responsible for managing the event, obtaining sponsors, event
promotion, obtaining needed equipment and set up, vendor management, private security,
obtaining port-a-lets, and hiring officials.
Assistance is being requested from staff for traffic control and security, EMS services,
barricading, signage, trash clean up and removal, bleacher set up, and assistance in providing
leads for sponsors, vendors and volunteers.
We have determined that with the Fire station close to the event on-site EMS service will not be
needed. In addition police security will be augmented with private security.
The purpose of the event is to raise funds for P.A.L. and other charities as well as bring people to
this section of Atlantic Avenue. A & Associates will be one of the tenants in the Atlantic Grove
development. This is a new event.
561/243-7000
THE EFFORT ALWAYS MATTERS
Subject: Agenda ltem City Commission Meeting September 9, 2003
Hoops 4 All 3 on 3
Page #2
Attached is a site plan and event budget. The estimated City costs for this event are as follows:
Overtime $10,750, stage rental $1,500, signage $400 and barricade rental $3,000. For traffic
control purposes the Police Department is recommending closure to Swinton Avenue. Under the
new event policies since they are operating under a 501 (c) 3 the event sponsor would not be
required to pay the City for our costs.
RECOMMENDATION
Staff recommends consideration of approval of the request for the event, the temporary use
permit and staff assistance as requested with the following changes and conditions:
1. Event boundaries be changed from the west side of Swinton to the east side of NW/SW
5th Avenue
2. Street closure start after 3:00 a.m. on October 25th versus noon on Friday October 24th
3. The event sponsor pay for rental of extra barricades needed from a private vendor,
approximately $500
If approved recommend approval be contingent on the receipt of certificate of liability insurance
and execution of hold harmless agreement.
RAB/tas
Cc: Peggy Murphy
Marjorie Ferrer
Diane Colonna
Doc Hoops 4 All 2003
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
"Hoops 4 All - 3 on 3"
Community Street Basketball Tournament
Business and Budget Proposal
Fall 2003
Submitted by:
A & Associates
4915 S. Congress Ave.
Lake Worth, FL 33461
September 2, 2003
A&A$$OCZATE5
Specializing as a Solutions Provider
Mr. Robert A. Barcinski, Assistant City Manager
City of Delray Beach
100 N.W. lStAvenue
Delray Beach, FL 33444
September 2, 2003
Dear Mr. Barcinski,
On behalf of A & Associates, we wish to thank you for the opportunity to respond to your request for a
proposal to organize the 3-on-3 Street Basketball Tournament "Hoops 4 All" in Delray Beach.
Action:
This proposal is intended to put forth a formal request for the City of Delray Beach Commission to
endorse a 3-on-3 Street Basketball Tournament "Hoops 4 All" planned for October 25th and 26th,
2003. This is a special event being promoted by A & Associates and the Police Athletic League (PAL),
which is a non-profit organization. Commitment is requested from the City for staff support and street
usage.
Background:
"Hoops 4 All" is a national, intermediate-size, 3-on-3, Community Basketball Event sponsored by A
& Associates. This event is being planned for the weekend of October 25th and 26th, 2003. The proposed
site for this event is the Delray Beach Tennis Center; Atlantic Avenue West of 1st Avenue and East of 5th
Avenue; and use of parking space and front lawn space at the Delray Beach Court House, as well as use
of the Delray Beach City Hall parking lot, with special request from City Hall The event schedule
would span from 9:00 a.m. to 4:00 p.m. on both Saturday and Sunday. This will require street set-up on
Friday the 24th from 12:00 pm to 12:00 am; as well as street break-down after 4:00 p.m. on Sunday the
26th. Playing courts and vendors would be positioned in accordance to the required 14 foot emergency
clearance rule. It is agreed that no alcoholic drinks will be sold at the event. Approval from the City of
Delray is requested in order to continue and complete the successful promotion and recruitment of
teams, volunteers, and sponsors.
A & Associates request the following commitment and involvement from the City: · Assistance in obtaining permits, i.e., D.O.T.
· Barricading streets and installing parking signage
· Assistance in filling basketball goal weights with water
· Event Set-up and Break-down, including set up of stage area
· Trash and garbage pick-up and street cleaning
· Partial security (See Addendum A)
· Assistance in obtaining leads for teams and volunteers (See Addendum B)
· Assistance in obtaining leads for sponsorship
· Assistance in obtaining leads for vendors
· Provide spectator seating capacity for 100 (See Addendum C)
· Traffic control
· EMS
491§ $. Congress Ave. Ste. A, Loke Worth, FL. 33461
(561) 533-5303 - Fox (561) 533-3858
A&ASSO¢IATES
Specializing as a Solutions Provider
& Associates agrees to contribute the following:
Insurance provisions providing primary coverage for participants
· Partial security (See Addendum A)
· Promotion and recruitment of sponsorship
· Promotion and recruitment ora total of 250 teams
· Promotion and recruitment of volunteers (See addendum B)
· Promotion, recruitment, and financial arrangements with referees and supervisors
· Arrangement of media promotion with Infinity Broadcast Radio and Channel 25
· Promotion and recruitment of street vendors
· Rental of audio equipment
· Noise waiver agreement
· Provide 25 Basketball goals, as well as all necessary equipment
· Arrange Port-a Potties, including handicap access
· Arrangement for a stage with the Parks and Recreation Department
· Promotion of a Youth Art Contest within the local churches and schools
· Promotion and arrangement with IBM to acquire sponsored prizes for the art contest
· Financial Budget (Sec Addendum D)
Why bring "Hoops 4 AH" to the City of Delray Beach in 2003:
· "Hoops 4 All", a three-on-three Srceet Basketball event, is an effective, low-c0st promotion that
can activate the entire community.
· Charity involvement is the primary objective "giving something back" to the community.
· An event of this magnitude can bring large groups of people as spectators and players to Delray
Beach from a tri-county radius; and would put Delray Beach on the map with some of the
largest, most active cities in America.
· Event promotions and sponsorship through Infinity Radio Broadcasting, Channel 5, and various
professional athletes in the area are already in place.
· Thc Tri-County Area presently has several youth and adult basketball leagues. A volumeer pool
and a player pool can be funneled into this event on Atlantic Avenue.
· The Police Athletic League (PAL) has committed to 15 teams, the Jewish Community Center has
committed to 15 teams, Pompey Park has committed to 20 teams, and the Delray Beach
Community Center has committed to 10 teams. This degree of involvement demonstrates the
level of community enthusiasm, indicating the need for this type of event, as well as success rate
in signing up teams.
· "Hoops 4 All" is an action-packed, weekend-long event which cuts across ethnic, gender, and
age barriers, creating an all-encompassing experience that brings the community together in the
spirit of healthy athletic competition and camaraderie.
· An event of this nature will at'tract thousands to the Atlantic Avenue Area. This is an excellent
opportunity to showcase our city area.
4915 5. Congress Ave. Ste. A, Lake Worth, FL. 33461
(§61) §33-5303 - Fax (561) §33-3858
(Addendum A)
HOOPS 4 ALL
Security Schedule
A Secmity Service will provide licensed Security Guards. A&A Security is a
State Licensed Security Firm
FRIDAY
6pm-12am = 6hrs x 2 -- 12 hours
12am-6am = 6hrs x 2 = 12 hours
SATURDAY
6pm-12am -- 6hrs x 2 -- 12 hours
12am-6am --6hrs x 2 = 12 hours
DAYSCHEDULE
Saturday
6am-12pm -- 6hrs x 2 = 12 hours
12pm-6pm -- 6hfs x 2 = 12 hours
Sunday
6am-12pm -- 6hfs x 2 -- 12 hours
12pm-6pm -- 6hrs x 2 -- 12 hours
(Addendum B)
Volunteer Requirements
(Based Upon a 250 Team Tournament)
FRIDAY HOW MANY WHEN
Packet Preparation 8 6am-12pm
Packet Pick-up 8 12pm-8pm
Set-up 10 12pm-12am
SATURDAY
Set-up 5 5am-9am
Court Monitors 30 8am-5pm
Water and Ice 6 8am-5pm
Master Scoreboard 3 8am-Spm
Volunteer HQ 2 8am-5pm
Miscellaneous 5 8am-5pm
Event Breakdown 8 5pm-9pm
SUNDAY
Set-up 5 6am-9pm
Court Monitors 30 8am-5pm
Ice and Water 6 8am-Spin
Master Scoreboard 3 8am-5pm
Volunteer HQ 2 8am-5pm
Miscellaneous 5 8am-5pm
Event Breakdown 8 5pm-9pm
SATURDAY & SUNDAY
Court Supervision and Referees
(1 supervisor per 5-7 courts)
(6-12 referees Top Gun Division)
*Could be hire based on market, PLEASE note a 20% NO-SHOW on volunteers
should be projected.
"Addendum C"
Street Layout Plan
"Addendum D"
"HOOPS 4 ALL" 3 on 3 Basketball
Budget Proposal 2003
10125103 & 10126103
Team Income (250)
Sponomhlp~
Vendor BooUt Inco~e (t5)
Exclusive Booth Income (2)
Caah Donatlo.s
Total Inconte
Net proceeds to PAL
25,000
15,000
4.500
2,600
2,500
2,500
5,000
43,700
2,000
7,5C0
5O0
4,500
5OO
3O0
5,000
300
3,000
250
1,500
240
3,000
4O0
500
1,500
1,500
2.160
550
1,200
700
40,000
3,700
3,700
C:~Documents and Settings~and~y Documents\Hoop 4 AII~O04 budget Hoops 4 all Page 1 of t
The following persons are authorized representatives of A & Associates:
Andrew Luchey
CFa
4915 South Congress Ave.
Lake Worth, FL 33461
Phone (561) 533-5303
Ext. #11
Nicole Marceila
Special Evems Director
4915 South Congress Ave.
Lake Worth, FL 33461
Phone (561) 533-5303
Ext. #19
Robert Mason
Special Events Coordinator
4915 South Congress Ave.
Lake Worth, FL 33461
Phone (561) 533-5303
Ext. #21
M. Carolina Tabrizi
Marketing Director
4915 South Congress Ave.
Lake Worth, FL 33461
Phone (561) 533-5303
Ext. #20
A & Associates in pleased to provide any additional information at your request. Please let us know
what other steps need to be taken to finalize this event. On behalf of our professional team,we would
like to thank you for allowing us to present this opportunity to you and to the City of Delray Beach.
Sincerely,
A & Associates
4915 S. Congress Ave. Ste. A, Lake Worth, FL. 33461
(561) 533-5303 - Fax (561) 533-3858
A&A$5OC~ATE$
Specializing as a Solutions Provider
Mr. Robert Bareinski
City Of Delray Beach
loc N.W. ls~ Avenue
Delray Beach, Florida,
September 9, 2003
This letter is intended to thank you for all of your support and efforts in se64ng that
our concept and proposal for Hoops 4 Ail were presented in a manner that was
acceptable to the Board of Commissioners in the City of Delray Beach. You and
Tracey 8weeney were extremely helpful in every manner.
.aXter reviewing the stipulations put forth by the City regarding our pmpo~l;
however, we feel that it is in the best interest of the Police Athletic League ('PAlu) that
the event not be held in the City of Delray Beach. We have met with other cities in
the county, and they have been willing to assist A&Associates in greater capacity, not
only with the complexities of the event, but with the desire to be joint sponsors for
the event. With a mnlti-eultural event of this magnitude and nature we feel the
necessity for the City, as well as key comm,nlty entities, to be fully involved.
We were deeply disappointed when the City of Delray Beach and Joint Venture
elected not to ,nit. e forces with Police Athletic League (PAL) and A&Assodates. We
respect the hesitation; however, oppommities which bring the community at large
together, adults and youth alike, on the same playing field, do not happen often.
/fi.though we will not be working together at ,hl, point in ~m~ we look forward to
doing business with the City of Delray Beach in the future.
Once again we wanted to thank you and let you know that your time and efforts were
greatly appreciated.
Sincerely,
Nicole Marcella
Special Bvents Director
CC: Jeff Perlman, Mayor
Patricia Archer, Deputy Vice-Mayor '
Jon Levinson, Vice Mayor
Bob Costin, Commissioner
Alberta Perry McCarthy, Commissioner
An4rew Luehey
Robert Mason
Carolina Tabrizi
4915 -~. Congress Ave. Ste. A Lake Worth, FL. 33461
Memo
To:
From:
Subject:
Date:
David Harden - City Manager
Lula Butler - Director, Community Improvement
C. Spencer Pompey Sculpture
September 4, 2003
Item Before the Commission:
City Commission approval and authorization to display an mist's work in the form of a life size bust
of C. Spencer Pompey in the main lobby of City Hall.
Background:
A volunteer committee was established in 2001 to authorize and provide fund-raising for a C. Spencer
Pompey bust commemorating his life and contributions to the City of Delray Beach. We successfully
completed our fundraising and contracted with Mr. George Gadson of GeoPhill Enterprises, Inc., for
the bust.
As you may recall, this project began before Mr. Pompey passed away. The committee considered
the most appropriate place to display the bust was at City Hall. Mrs. Pompey supports this location.
We expect that the artist will delivepy the final piece by the end of this month. We would like to have
a ceremony unveiling the bust during the month of October, celebrating Heritage Month.
Members of the committee are: Alberta McCarthy, Bill and Sharon Wood, Joe Gillie, Lula Butler,
Col. Bill Conch-y, Libby Wesley, Zach Straghn and Kathy Aguirre.
Recommendation:
Staff is recommending City Commission approval and authorization to display an artist's work in the
form of a life size bust of C. Spencer Pompey in the main lobby of City Hall.
LB:DQ
D~tel 9/4/03
AGENDA ITEM NUMBER:
AGE NDA RE OUE ST
Request to be placed on:
__ Consent Agenda __ X Regular Agenda
When: __Sept 9, 2003
Description of agenda item (who, what, where, how much):
Authorization to display C. Spencer Pompey bust at City Hall
__ Workshop Agenda_ Special Agenda
?e. partm.e, ntHead ,~/~. /?L -~i~,'~
Signature. ~/ae.~-~/-('~ ~ ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review: ~
Approved for Agenda: Y(~/ No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
(if applicable)
TO:
THRU:
FROM:
HA~/~_ CITY MANAGER
O~RL~NG~IRECTOR OF PLANNING & ZONING
/'SCOTT/~,I~(~NSON,~PARKING MANAGEMENT SPECIALIST
SUBJECT:
MEETING OF SEPTEMBER 9, 2003 - CONSENT AGENDA
AWARD OF CONTRACT FOR THE COLLECTION OF OUTSTANDING
BACKLOGGED PARKING CITATIONS
On June 8, 2003 the City advertised a Request For Proposal (RFP) (2003-44) to find a professional
collection service to assist in the collection of 9,227 backlogged parking citations and associated fees
($387,160.00) dating from 1995 through September 2001.
A review committee comprised of Joe Safford, Finance Director, Guy Buzzelli and Miguel Catalasan
of the MIS Department, Peggy Morrissey of the Police Dept. and Scott Aronson, Parking Management
Specialist was formed to review and rank the responses.
The committee has reviewed the seven (7) responses to the RFP and has determined Law
Enforcement Services, Inc. to be the lowest qualified respondent as illustrated below.
Respondent Fee Comment
United Adjustment Corp. 7.5% No references listed
Law Enforcement Systems, Inc. 23% Selected
Professional Collection Solutions 25% Higher rate
Nations Recovery Center, Inc. 25% Higher rate
Alliance One 28.57% Higher rate
American Collection Consultants 30% Higher rate
MJ Altman Companies, Inc. 35% Higher rate
MVP Enterprises, LLC. 37% Higher rate
Although United Adjustment Corp. has submitted the lowest rate, the disparity compared to the other
more experienced respondents, and the fact that no references were provided eliminated them from
contention.
Staff is recommending a three (3) year contract with two (2) one (1) year renewal options (attached).
By motion, approve the awarding of RFP # 2003-44 for the collection of backlogged citations to Law
Enforcement Systems, Inc. for a period of three (3) years with two (2) one (1) year renewal options.
Attachment:
o Contract
AGREEMENT
BETWEEN CITY AND LAW ENFORCEMENT SYSTEMS, INC.
THIS AGREEMENT made this __ day of ,2003, by and between
the CITY OF DELRAY BEACH (hereinafter called CITY) and LAW ENFORCEMENT
SYSTEMS, INC. (hereinafter called CONTRACTOR).
WITNESSETH:
WHEREAS, the CITY prepared a Request for Proposal (RFP #2003-44) for
Professional Collection Services for Delinquent Parking Fine Accounts; and
WHEREAS, the CONTRACTOR submitted a Proposal to the CITY and was selected
by the CITY as the best and most qualified applicant; and
WHEREAS, the CITY and CONTRACTOR have negotiated mutually satisfactory
t~ll~s for the execution of this Project.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements hereina~er contained, the CITY hereby engages the CONTRACTOR for
Professional Collection Services for the Project in acenrdance with the following:
1. CONTRACTOR agrees to provide for the collection of CITY'S delinquent
parking fines in accordance with the Fair Debt Collection Practices Act by performing both
routine (including phone contact and letters) and skip tracing collection services.
2. CONTRACTOR agrees to maintain a ~xust account separate f~om the
CONTRACTOR'S operating account into which all debtor payments shall be deposited on
behalf of the CITY.
3. CONTRACTOR agrees to provide and remit to the CITY, on a monthly basis,
the following:
a) The mount collected for the month minus twenty-three percent (23%);
and
payment.
A report summarizing the accounts collected for the month and the date of
4. CONTRACTOR agrees not to collect partial payments without the written
permission of the CITY.
5. CONTRACTOR agrees that any accounts already turned over to
CONTRACTOR which are collected via the CITY'S immobilization ordinance or pursuant to
Florida State Statutes 316.1967(6) and/or 320.03(8) will be removed from the
CONTRACTOR'S lists and no fees shall be assessed for service collection.
6. CONTRACTOR agrees to accept hard copy or eleclxonic information pertaining
to delinquent accounts turned over for collections. The CITY will transfer delinquent account
data via electronic format or compact disc but reserves the right to transfer via hard copy if
necessary.
7. CONTRACTOR is responsible for picking up data transferred via hard copy
from the CITY or shall provide the CITY with return mailers. The costs of these services will
be borne by CONTRACTOR.
8. CONTRACTOR agrees to process delinquent accounts turned over by the
CITY for collection of past due amounts. Only accounts more than six (6) months overdue will
be turned over to CONTRACTOR. The CITY'S Director of Finance, or his/her designee,
reserves the right to determine which delinquent accounts are turned over to CONTRACTOR
for collection.
9. CONTRACTOR agrees that all invoicing and reporting systems will be
computerized.
10. CONTRACTOR agrees that for select accounts CONTRACTOR may be
requested by CITY to report collection activity on each regular business day of accounts received
on the previous day(s). This shall be provided to the CITY by e-mail or other acceptable form of
communication so that CITY may clear any tag freeze with the Deparlment of Highway Safety
and Motor Vehicles (DHSM) or immobilization lists.
11. CONTRACTOR shall notify the CITY within thirty (30) days of a change in
ownership or management.
12. CONTRACTOR agrees to seek the CITY'S approval for all written
correspondence to debtors.
13. CONTRACTOR will take twenty-three percent (23%) of the collections each
month as payment prior to submitting the balance of the collections to the CITY.
CONTRACTOR acknowledges that the contract price includes all costs and expenses required
for the satisfactory completion of collections as required herein.
14. CITY reserves the fight to suspend collection activity on any debtor upon
written notification to the CONTRACTOR.
15. The Contxaet between the CITY and the CONTRACTOR shall include the
following documents which are attached hereto and incorporated herein by reference:
CONTRACT DOCUMENT/S
Agreement
Corporate Acknowledgment
Certificate of Corporation
Specifications
3
16. The term of this contract shall commence upon execution by both parties and
extend until three (3) years from the date of the execution of the contract. The City Manager may
renew the contract, at the same terms, conditions and price(s) for two (2) consecutive terms of
one (1) year.
17. This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach
County, Florida.
18. All notices, requests, demands, and other given if personally delivered or mailed,
certified mail, return receipt requested, to the following addresses to:
As to City: City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
As to Contractor: Law Enforcement Systems, Inc.
PO Box 1348
Long Island City, NY 11101-0348
19. The CONTRACTOR shall not, without prior written consent of the CITY,
assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall
not assign any moneys due or to become due without the prior written consent of the CITY.
20. The CITY and the CONTRACTOR each binds himself, his partners,
successors, assigns and legal representatives to the other party hereto in respect to all convenants,
agreements and obligations contained in the contract documents.
21. The CONTRACTOR, for good and valuable consideration shall indemnify,
defend and save harmless the CITY, its officer's agents, and employees, from or on account of
any claims, damages, received or sustained by any person or persons resulting from the work
provided for this Project; or by or in consequence of any negligence in connection with the same;
4
or by use of any improper materials or by or on account of any use of any improper materials or
by or on account of any act or omission of the said CONTRACTOR or his subcontractors,
agents, servants or employees. CONTRACTOR agrees to defend, indemnify and save harmless
the CITY, its officers, agents and employees, against any liability arising from or based upon the
violation of any federal, state, county or city laws, by-laws, ordinances or regulations by the
CONTRACTOR, his subcontractors, agents, servants or employees.
CONTRACTOR further agrees to defend, indemnify and save harmless the CITY, its
officers, agents, or employees from all such claims, fees, and from any and all suits and actions
of every name and description that may be brought against the CITY or its officers, agents or
employees on account of any claims, fees, royalties, or costs for any invention or patent, and
fi.om any and all suits and actions that may be brought against the CITY, its officers, agents, or
employees for the infringement of any and all patents or patent rights claimed by any person, firm
or corporation.
The indemnification provided above shall obligate the CONTRACTOR to defend at his
own expense or to provide for such defense, at the CITY'S option, any and all claims or liability
and all suits and actions of every name and description that may be brought against the CITY, its
officers, agents, or employees which may result from the operations and activities under this
con~'act whether the work be performed by the CONTRACTOR, his subcontractor or by anyone
directly or indirectly employed by either. This indemnification includes all costs and fees
including attorney's fees and costs at trial and appellate levels.
22. This Agreement shall be considered null and void unless signed by both the
CONTRACTOR and the OWNER.
23. This Agreement may be terminated by cause by either party upon seven (7) days
advanced written notice of substantial failure by the other party to perform in accordance with the
terms hereof through no fault of the terminating party. CITY shall have the right to terminate
this Agreement or suspend performance thereof without cause upon fourteen (14) days written
notice to CONTRACTOR, and CONTRACTOR shall terminate or suspend performance of
services on a schedule acceptable to the CITY or at the end of the fourteen (14) day period, at the
option of the CITY. In the event of termination or suspension, the CITY shall pay
CONTRACTOR for all services performed through the date of notice of termination or
suspension. CONTRACTOR shall provide CITY with complete file of all accounts notified, up
to the termination date, which remains unpaid.
24. The contract documents constitute the entire agreement between the CITY and
the CONTRACTOR and may only be altered, amended or repealed by a duly executed written
instrument.
IN WITNESS WI-IEREOF, the parties hereto have executed this Agreement, the day
and year first above written.
ATTEST:
City Clerk
Approved as to Form:
CITY OF DELRAY BEACH, FLORIDA
By:.
Jeff Perlman, Mayor
City Attorney
WITNESS:
rOhq/nfof Type Name~
(SE~)
7
CORPORATE ACKNOWLEDGMENT
STATE OF
COUNTY OF
Ne.,,.u X/o,,.k
The foregoin~r~ insmtment was acknowledged before me this ~'~'t~lay of
~4~q$'~',/ ,2003 by ~J<~L.~-~, .~ C~?.~x (qR~t ?~ ,ge~./- (name of officer or
agent, title of officer or agent) of LAW ENFORCEMENT SYSTEMS, INC. (name of
corporation acknowledging), a ~ yor ~.. (state or place of incorporation) corporation,
on behalf of the corporation. He~. is personally known to me ~
Signature of Notary Public
Notary Public, Sta~e of New'York
No. 01RA6069781
Q~a. lifted in New York County
Print, Type or Stamp Name of
Notary Public
CERTIFICATE
(ifCo~omtio~
STATE OF FLOR]DA )
)SS
COUNTY OF )
)
I HEREBY CERTIFY that a meeting of the Board of Directors
.~}t~,.~.~¢. ~,_~ , a corporation under the laws of the State of ~./~,~.~
held off ., 2003 the following resolution was duly passed and adopted:
"RESOLVED, that ~ (./~,~ ~ (X4~f-~,~_as ~g-~-lye~ '~ ted
Prejident of the corporation, he/she is hereb~ authorized to execute the Agreement da
./c~,~5'~ , 2003, between the City of Delray Beach, Florida, and this
corporation, and that his execution thereof, attested by the Secretary of the corporation
and with corporate seal affixed, shall be the official act and deed of this corporation".
I further certify that said resolution is now in full force and effect.
IN WlTNF. a~,WHEREOF/,~I have hereunto set my hand and affixed the official
seal of the corporationthisdr day of /.g~Ua~ _ ,2003.
(Sedret~-~)
(Seal)
9
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
David T. Harden, City Manager
Richard C. Hasko, P.E., Environmental Services Director
TO:
FROM:
SUBJECT:
DATE:
w~*v. mydelraybeach, corn
LAKE WORTH DRAINAGE DISTRICT ANNEXATION REQUEST
September 2, 2003
NW 18th Avenue is a public road providing access to the industrial area lying north of Atlantic
Avenue between COnthgress Avenue and the CSX Railroad. Last year, improvements were
constructed on NW 18t Avenue in conjunction with the 2000 Roadway Bond Program. Prior to
that project, the roadway was shell rock with no drainage infrastructure or positive legal outfall for
storm water runoff from the adjacent industrial properties. With the completion of the roadway
and drainage construction, the storm water runoff from the parcels served by the new infrastructure
was routed to a dry retention area at the north end of the street discharging to the Lake Worth
Drainage District (LWDD) E-4 Canal.
Subsequent to permitting and construction of the improvements, we became aware that the
properties which are now physically connected to the LWDD canal system were, in fact, outside
the boundaries of the District. As a result, the District has no legal obligation to ensure adequate
flood protection for these properties, nor does it realize any revenues from the parcels that its
system now serves.
In order to resolve the legal and equity issues that currently exist, the parcels affected must be
annexed into the District. We have been advised by the District that the annexation process can
commence with their receipt of a letter from the City requesting such action.
Attached is a letter for the Mayor's signature requesting that the Lake Worth Drainage District
annex the affected parcels along with a map identifying those parcels. Please place this item on
the September 9, 2003 agenda for consideration by the City Commission.
/rch
C~
Randal Krejcarek, P.E., City Engineer
Bill Winters, Lake Worth Drainage District
DELRAY BEACH
NI.AmedcaClty
1993
100 N.W. 15t AVENUE - DELRAY BEACH, FLORIDA 33444 * 561/243-7000
September 2, 2003
Mr. William Winters, Secretary/Manager
Lake Worth Drainage District
13081 Military Trail
De[ray Beach, FL 33484
Subject: NW 18t~ Avenue Annexation Parcels
Dear Mr. Winters:
The City has recently completed roadway and drainage improvements to a formerly
unimproved shell rock road known as NW 18th Avenue. Our project provides improved
access to the commercial/industrial area between Congress Avenue and the CSX Railroad
north of Atlantic Avenue. With the completion of improvements, adequate drainage
infrastructure now exists to provide conveyance of storm water runoff fi'om abutting
properties to the Lake Worth Drainage District (LWDD) canal to the north.
Since the facilities were designed and constructed to discharge to LWDD facilities, it is
appropriate for all parcels that are served by the system to be included within the District.
The attached map prepared from information provided by District staff illustrates those
parcels along NW 18th Avenue that are not currently within the LWDD. We are
requesting that these parcels be annexed into the District so that they can be provided
with adequate positive legal flood protection by District facilities.
If there is anything you need from the City to accomplish the requested annexation,
please advise City staff and they will provide whatever assistance is necessary.
Sincerely,
Jeff Perlman
Mayor
THE EFFORT ALWAYS MATTERS
L~ ~- JLJ ~[~ I ~
~~~1 ~//
C~ of ~LRAY BEACH & NW 18th Avenue
~~ ~s ~~ N
~~A~ N~T TB SCALE
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
AGENDA REQUEST
Date: Sept. 2, 2003
When: Sept. 9, 2003
Description of item (who, what, where, how much): Staff requests Commission authorization for
the Mayor to execute a letter requesting the Lake Worth Draina,qe District to annex properties
abutting NW 18th Avenue into the District to provide adequate positive le.qal flood protection by
District facilities.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recq4m~ends approval.
Department head signature: ~,..~.~)(", ~'~ ?'-z.-05
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives:
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda:~O
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.(if applicable)
[lTV OF DELRI:IY BEI:I[H
CiTY ATTORNEY'S OFFICE 2°0 mw ts,FLO,,IDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE:
Writer's Direc~ Line: 561/243-7091
MEMORANDUM
August 29, 2003
TO:
FROM:
City Commission _
Brian Shutt, Assistant City Attorney
SUBJECT: Settlement offer in Petraqlia v. City
This case arises out of a trip and fall on the Colony Hotel front steps. The Plaintiff
asserts that she fell in the area where the bottom step meets the sidewalk. The
Plaintiff alleges the reason for her fall was a result of the last step not having the
same height as the previous steps as well as the crowded condition of the steps
and lack of appropriate safety measures by the hotel regarding the condition of the
steps. The Plaintiff also sued the Colony Hotel.
The Plaintiff sustained a broken bone in her foot as a result of this accident. The
Plaintiff's husband also has a consortium claim.
The Plaintiff has offered to settle this claim for $16,500.00 inclusive of attorney's
fees and costs. The Colony Hotel has accepted the offer. The Colony Hotel has
requested that the City contribute $1000.00 toward the $16,500.00 amount. Our
office does not believe we have liability in this, however, if we were required to go
to trial it would have cost at least three times as much to defend the City.
By copy of this memo to David Harden, please place this request for participation
from the Colony Hotel on the September 9, 2003 City Commission agenda. If you
should have any questions, do not hesitate to contact me.
CC:
David Harden, City Manager
Barbara Garito, City Clerk
oIL
[IT¥ OF DELRriqF BErI£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
1993
DATE:
August 29, 2003
MEMORANDUM
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Proposal for Settlement in Florida Blacktop v. City of Delray Beach
The City has received a Proposal for Settlement from the Plaintiff in the case of Florida
Blacktop versus the City of Delray Beach.
This action arises out of 3 construction contracts (Pineapple Grove Way Improvements,
NE/NW Area Improvements and SE/SW Area Improvements) between the City and
Florida Blacktop. Florida Blacktop alleges the City prevented it from timely finishing the
projects as well as adding extra work to the projects, in which, Florida Blacktop did not
receive any compensation. The City asserts that Florida Blacktop failed to timely
complete the projects and that Florida Blacktop was compensated for all of the work
performed.
The Plaintiffs complaint alleges breach of contract by the City on all three projects.
The Proposal for Settlement filed by Plaintiffs' attorney is for $750,000.00 inclusive of
fees and costs. Our recommendation is to deny the Proposal for Settlement.
By copy of this memo to David Harden, please place this item on the September 9, 2003
City Commission agenda. If you have any questions, please do not hesitate to contact me.
CCi
David Harden, City Manager
Barbara Garito, City Clerk
[ITY I)F DELRRY BEACH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243 7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
DATE:
MEMORANDUM
September5,2003
TO:
FROM:
City Commission
David T. Harden, City Manager
Terrill Pyburn, Assistant City Attorney
SUBJECT: Alcoholic Beverage Establishments and Nudity
Attache:~ are two ordinances. One amends Section 4.3.3(AA) of our Land
Develo[~ment Regulations and the other amends Section 113.20 of our Code of
Ordinar.ces. The proposed amendments change the current distance requirement
between adult entertainment establishments and alcoholic beverage
establishments from seven hundred and fifty (750) feet to two hundred (200) feet
with exception for alcoholic beverage establishments that are separated from adult
entertainment establishments by a Railroad/Corridor or an Arterial Roadway as the
width of the Railroad/Corridor and/or Arterial Roadway is a sufficient separation.
The manner of measurement has been changed from a straight airline
measurement to being measured by following the shortest route of ordinary
pedestrian travel along ordinary thoroughfares from the main entrance of the
alcoholic beverage establishment to the main entrance of the establishment
permitting nudity. Also, the ordinances are updated by including additional new
studies regarding public nudity, alcohol, and zoning.
Please place the ordinances on the agenda in order for the Commission to initiate
the amendments. If the City Commission directs us to initiate the changes, we will
place the ordinances on the P&Z agenda and then bring the ordinances back for
first reaUing and second reading before the Commission.
Please let me know if you have any questions (7090). Thanks.
TCP:smk
Attachments
ORDINANCE NO. -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 FOUR, "ZONING
REGULATIONS"; SECTION 4.3.3(AA), "ADULT ENTERTAINMENT
ESTABLISHMENTS", IN ORDER TO AMEND THE DISTANCE
LIMITATION BETVVEEN ALCOHOLIC BEVERAGE
ESTABLISHMENTS AND ADULT ENTERTAINMENT
ESTABLISHMENTS IN ORDER TO PROVIDE FOR A DISTANCE
OF TWO HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC
BEVERAGE ESTABLISHMENT AND ANY ADULT
ENTERTAINMENT ESTABLISHMENT; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, this ordinance is enacted under the home rule of power of the City of Delray
Beach, in the interest of health, peace, safety, and general welfare of the people of the "City of
Delray Beach," hereafter the "City" and,
WHEREAS, the intent of the City Commission of the City of Delray beach in adopting this
ordinance is to establish reasonable and uniform regulations for the adult entertainment industry
that will protect the health, safety, property values, and general welfare of the people, businesses,
and industries of the City. It is not the intent of the City Commission to legislate with respect to
matters of obscenity. These matters are regulated by federal and state law, including chapter
847 of the Florida Statutes; and
WHEREAS, with respect to zoning and other regulatory issues, the City Commission for
the City of Delray Beach, Florida, has considered reports, studies, and judicial opinions
concerning the adverse secondary effects of adult uses on the community which include but are
not limited to the following:
1. City of Renton v. Playtime Theaters, Inc., 475 U.S. 411 (1956), reh. denied, 475
U.S. 1132.
873.
Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1975), reh. denied, 429 U.S.
3. Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991).
4. City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425, 122 S.Ct. 1728, 152
L.Ed. 2d 670 (2002).
5. Boss Capital, Inc. v. City of Casselberry, 187 F.3d 1251 (11th Cir. 1999).
6 Report on Zoning and Other Methods of Regulating Adult Entertainment in Amarillo,
(Texas) dated September 12, 1977.
7. Regulation of Criminal Activity and Adult Businesses, City of Phoenix, May, 1979.
26,1977.
Findings of the City Planning Commission of the City of New York dated January
9. Detroit's Approach to Regulating the "Adult Uses" presented to American Institute of
Planners, Annual Conference, October 10, 1977.
10. Report to the City Planning Commission and City Council from the Planning
Department of the City of Beaumont, Texas dated September 14, 1982.
11. Legislative Report on an Ordinance Amending Section 28-73 of the Code of
Ordinances of the City of Houston, Texas; Providing for the Regulation of Sexually Oriented
Commercial Enterprises, Adult Bookstores, Adult Movie Theaters and Massage Establishments;
and Making Various Provisions and Findinqs Relating to the Subject. Report prepared by the
Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983.
12. Report on Adult Oriented Business in Austin. Report prepared by the Special
Programs Division of the Office of Land Development Services of the City of Austin, Texas.
Dated May 19, 1986.
13. Adult Entertainment Business in Oklahoma City. A Survey of Real Estate
Appraisers. Report prepared by the Community Development Department of the City of
Oklahoma City, Oklahoma. Dated march 3,1986.
14. Adult Entertainment Businesses in Indianapolis. An analysis prepared by the
Department of Metropolitan Development dated February, 1984.
15. Palm Beach County Sheriff's Office report dated April, 1998.
16. Director's Report: Proposed Land Use Code Text Amendment, Adult Cabarets. A
report prepared by the Director of the Department of Construction and Land Use of the City of
Seattle, Washington. Dated march 24, 1989.
17. Report to the American Center for Law and Justice on Secondary Impacts of Sex
Oriented Businesses, Peter R. Hecht, Ph.D, March 31, 1996.
2 ORD. NO. -03
18. Adult Business Study in Town and Village of Ellicottville, Cattaraugus County, New
York. An analysis prepared by the TownJillage Planner, Gary Palumbo, AICP. Dated January,
1998.
19. Adult Use Study in Newport News1 Virginia. An analysis prepared by the
Department of Planning and Development of the City of Newport News, Virginia. Dated March,
1996.
20. Memorandum of Law on Adequate Alternative Avenues of Community for Sexually
Oriented Businesses. An analysis prepared by Laura Corbett Brown and Bruce A. Taylor of the
National Law Center for Children and Families. Dated October 1, 1995.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.3.3(AA), "Adult
Entertainment Establishments", be, and the same is hereby amended to read as follows:
(AA) Adult Entertainment Establishments: In addition to the requirements of
the underlying zoning district, other applicable general regulations, County licensing
requirements, parking regulations and Section 113.20 of the Code of Ordinances of the
City of Delray Beach, the following requirements shall apply to adult entertainment
establishments.
(1) No adult entertainment establishment shall be located on properties
with frontage on an arterial road or located east of the CSX railroad track.
(2) No adult entertainment establishment shall be located closer than one
thousand (1,000) feet from any house of worship, school, residential zoning district,
community facilities zoning district (CF, OS, OSR, CD) where the use is or is to be
regularly frequented by the general public (i.e. community center, parks, courthouse, child
care facilities, offices, etc.) measured from lot line to lot line boundary along a straight
airline route, except when the property containing the adult entertainment establishment is
separated from the above by the 1-95 right-of-way.
(3) No adult entertainment establishment shall be located within seven-huRdmd
flfty-(7-~;))-feet two hundred (200) feet of an~..,...,,~'";~*;-",~ alcoholic beverage establishment,
measured ~-""" ~"* ""~' *" ~"* ~;"" ~' .... '~ .... ~ .....,...;..~., ..~irli ...... {-~, by following the
shortest route of ordinary pedestrian travel along ordinary thoroughfares from the main
entrance of the adult entertainment establishment to the main entrance of the alcoholic
beverage establishment~ except if the establishment permitting nudity or partial nudity is
separated from an alcoholic beverage establishment by a Railroad/Corridor or an Arterial
3 ORD. NO. -03
roadway wherein the width of the Railroad/Corridor and/or Arterial Roadway shall be
deemed a sufficient separation.
(4)(3) Signage. Only one sign per adult entertainment establishment is
permitted, and such sign shall not extend above twelve (12) feet above ground level or
have an area of greater than thirty-six (36) square feet. No neon material shall be
permitted on the sign. All other restrictions of the sign code shall apply herewith.
(~)(4) No adult entertainment establishment shall be located within an
historic district, on an historic site, or on properties listed on the Local or National Register
of Historic Places, unless the historic district, site or property was previously used for an
adult entertainment type use.
(~)(5) The minimum floor area per room or partitioned area within an adult
entertainment establishment must be 2,000 sq. ft. exclusive of kitchen, restrooms, storage
areas, and other non-public/customer area of the establishment.
(7)(6) Performers/entertainers or employees in the state of nudity or partial
nudity shall not approach within four feet of patrons, customers, or other employees or
other performers/entertainers, and must perform/entertain from a stage encompassing an
area of at least one hundred (100) square feet.
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.
of
PASSED AND ADOPTED in regular session on second and final reading on this
,2003.
day
ATTEST:
CITY CLERK
First Reading
Second Reading.
4
MAYOR
ORD. NO.
-03
ORDINANCE NO. -03
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 113, "ALCOHOLIC BEVERAGES", SECTION 113.20,
"PROHIBITION OF NUDITY, PARTIAL NUDITY, SEXUAL
CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS",
SUBSECTION (A) "DEFINITIONS", IN ORDER TO PROVIDE FOR
THE INCLUSION OF STAND ALONE BARS IN THE DEFINITION
OF ALCOHOLIC BEVERAGE ESTABLISHMENT; AMENDING
SUBSECTIONS (C) AND (D) IN ORDER TO PROVIDE FOR A
DISTANCE OF TVVO HUNDRED (200) FEET BETVVEEN ANY
ALCOHOLIC BEVERAGE ESTABLISHMENT AND ANY
ESTABLISHMENT PERMITTING NUDITY; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, the City Commission has determined it to be in the public's
establish reasonable regulations regarding alcoholic beverage establishments
City; and
best interest to
throughout the
WHEREAS, the City Commission enacts this ordinance in the interest of the public health,
peace, safety morals and general welfare of the citizens of Delray Beach, Florida, pursuant to
Article VIII, Sections 2(b) and (5), of the Florida Constitution, and Chapter 166, Section 166.021
of the Florida Statutes; and
WHEREAS, the City has determined that the restrictions contained herein are necessary
to avoid disturbances associated with mixing alcohol and nude or partially nude dancing and
exhibitions; and
WHEREAS, the City Commission determines that mixing alcohol and nude or partially
nude dancing and exhibitions encourages undesirable behavior; and
WHEREAS, the City relies on the materials referenced in Ordinance No. 30-98, as
amended by Ordinance No. -03, and the experience in other cities as to the secondary
effects of the combination of alcohol and nudity or partial nudity; and
WHEREAS, the City relies on the cases of Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111
S.Ct. 2456, 115 L.Ed. 2d 504 (1991); City of Erie v. Pap's A.M., 529 U.S. 27, 120 S.Ct. 1302, 146
L.Ed. 2d 265 (2000); California v. LaRue, 409 U.S. 109, 93 S.Ct. 390, 34 L.Ed. 2d 342 (1972); 44
Liquormart, Inc. v. Rhode Island, 116 S.Ct. 1495, 134 L.Ed. 2d 711 (1996); Flani.qan Enterprises,
Inc. v. Fulton County, 242 F.3d 1976 (11th Cir. 2001) and;
WHEREAS, the City also relies on the cases of City of Daytona Beach v. Del Percio, 476
So.2d 197 (F a 1985); Fillin.qim v. Boone, 835 F.2d 1389 (11th Cir. 1988); Geaneas v. Willets, 911
F.2d 579 (11th Cir. 1990); Sammy's of Mobile, Ltd. V. City of Mobile, 140 F.3d 993 (11th Cir.
1998); New York State Liquor Authority v. Bellanca, 452 U.S. 714, 101 S.Ct. 2599 (1981); City of
Newport v. lacobucci, 479 U.S. 92, 107 S.Ct. 383 (1986) reversed; 479 U.S. 1047, 107 S.Ct. 913
(1986) and;
WHEREAS, the City Commission finds that the City has a substantial government interest
in regulating liquor under the City's Police Powers; State Constitution and under State law and
that the incidental restrictions on First Amendment activity are no greater than necessary to
further that interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Chapter 113, "Alcoholic Beverages", Section 113.20, "Prohibition of
Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", Subsection (A)
"Definitions", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby
amended to read as follows:
(A) Definitions.
Alcoholic Beverage Establishment: Any business or commercial establishment,
whether open to the public at large or entrance is limited by cover charge or membership
requirements, including those licensed by the State for sale and-or service of alcoholic
beverages, which include but are not limited to, any stand alone bar, bottle club, hotel,
motel, restaurant, night club, country club, cabaret, and meeting facility located in the City
of Delray Beach in which alcoholic beverages, beer or wine are, or are available to be sold,
dispensed, served, consumed, provided, possessed or offered for sale or consumption on
the premises.
Section 2. That Chapter 113, "Alcoholic Beverages", Section 113.20, "Prohibition of
Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", Subsections (C)
and (D) of the Code of Ordinances of the City of Delray Beach, be, and the same are hereby
amended as follows:
2 ORD. NO. -03
(C) No establishment permitting nudity or partial nudity may be located within
...... ~.,,...~....~ ~;~.../-~n~ ~.~, two hundred (200) feet of any parcel of land upon which an
alcoholic beverage establishment is Iocated~ except if the establishment permittinq nudity
or partial nudity is separated from an alcoholic bevera.qe establishment by a
Railroad/Corridor or an Arterial roadway wherein the width of the Railroad/Corridor and/or
Arterial Roadway shall be deemed a sufficient separation.
(D) For purposes of the above division (C), distance shall be 1~
..... 'o cf '""'~; .... "'~"~ measured by following the shortest route of ordinary pedestrian
travel along ordinary thoroughfares from the main entrance of the alcoholic beverage
establishment to the entrance of the establishment permitting nudity or partial nudity. The
term parcel of land means any quantity of land capable of being described with such
definiteness that its location and boundaries may be established, which is designated by
its owner or developer as land to be used or developed as a lot or which has been used or
developed as a lot.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
of
PASSED AND ADOPTED in regular session on second and final reading on this
,2003.
day
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
3 ORD. NO. -03
MEMORANDUM
TO:
FROM:
SUBJECT:
C~i~OR AND CITY COMMISSIONERS MANAGER
AGENDA ITEM # "~) - REGULAR MEETING OF SEPTEMBER 9. 2003
RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD
DATE:
SEPTEMBER 5, 2003
Ms. Rlaine Morris' term expired August 31, 2003 creating a vacancy for a representative of the
Planning and Zoning Board for the Parking Management Advisory Board. The Planning and
Zoning Board has appcfmted Mr. Mark Krall as the new Planning and Zoning Board representative
for the Parking Management Advisory Board effective immediately for a term ending August 31,
2005.
The Parking Management Advisory Board was established by Resolution No. 88-97 on December
9, 1997. The purpose of the Board is to advise and provide recommendations to the City
Commission regarding parking management policy and related issues including but not limited to,
the planning, financing, development, construction and operation of parking facilities within the
boundaries of the Transportation Concurrency Exception Area (TCEA) as well as all public
parking areas located along State Road AIA within the corporate limits of the City.
Recommend City Commission approve and ratify the appo'mtment of Mx. Krall as representative
for the Planning and Zoning Board for a term ending August 31, 2005.
Planning & Zoning Department
MEMORANDUM
TO:
THRU:
FROM:
DATE:
RE:
KA SCH~IL, EX,ECUTIVE ASSISTANT/BOARD LIAISON
PAUL DORLING, PI(,ANNING AND ZONING DIRECTOR
IN ALLEN, PLANNER
AUGUST 27, 2003
APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD
On August 18, 2003, the Planning and Zoning Board on a 5 to 0 vote appointed
Mark Krall as the P&Z Board liaison to the Parking Management Advisory
Board.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
0~YOR AND CITY COMMISSIONERS CITY MANAGER
AGENDA ITEM # q ¢ - REGULAR MEETING OF SEPTEMBER 9. 2003
APPOINTMENT TO THE CODE ENFORCEMENT BOARD
SEPTEMBER 5, 2003
At the City Commission meeting of August 19, 2003, Mr. Glenn Schuster was moved to the
position of a regular member, creating a vacancy for an alternate member for an unexpired term
ending January 14, 2005.
All members of the Code Enforcement Board must be residents of the City. Appointments to both
regular and alternate member positions shall be on the basis of experience or interest in the fields of
zoning and building control. The regular and alternate membership of the Board shall, whenever
possible, include an architect, a business person, an engineer, a general contractor, a subcontractor
and a realtor.
The following have submitted applications and would like to be considered:
Mark Behar
Bernard Federgreen
Gerry Franciosa
Pearl Bunny Markfield Elrod
Harvey Statin
Stanley Watsky
Property Management (Currently serving as alternate for
Nuisance Abatement Board, however would like to serve on
a more active Board/Committee.)
Retired Director of Operations (Coca-Cola)
Retired Law Enforcement
Realtor
Realtor
Insurance/Realtor
A check for code violations and/or municipal liens was conducted. None were found with the
exception of Mr. St~rin. Please see attachments. Voter registration verification was completed and
all are registered.
Based on the rotation system, appointment will be made by Mayor Perlman (Seat #5).
Recommend appointment of one (1) alternate member for an unexpired term ending January 14,
2005.
CODE ENFORC~MENT BOARD
08/03
~R~ ~ OOC~A~ON PosmoN
EXPIRES F~T T lNG
01/14/2004 (~le~u Schuster Fi~ Chemical Layperson Work:
Umpl~r .~p~ 4585 A Northwest 3~ St. Specialist ' Home: 499-0561
08/19/03
~-.n.~ ~os/oa/o3 DelrayBeach, FL 33445 Cell: 706-0553
01/14/2004 Leonard Epstien Business Owner Real Estate Work:
.o~/o~'o~ 3120 Northwest 15i St. Home: 272-0330
01/14/2004 David Hawke Architect Architect Work:
~.. ~ol/o~/o~ 121 Heather Lane Home: 278-3414
o~/15/o3 Delray Beach, FL 3 .... Fa~c 921-0444
01/14/2005 Ben~ Kruger planner Business Person Work: 265-4983
~-v. ~xo~/24/ol 9NE 16'~ St. Home: 265-2019
Delray Beach, FL 33444 Cell. 870-4701
01/14/2006 l~ben Marks Comm~ion General Conwactor Work:
n.~..~p~x 0~/o?/o3 371 Coral Trace Lane Home: 266-8494
o~/ls/0~ DelrayBeach, FL 33445 Fa~
01/14/2006 Anthony Vekr~ Vice Chnlr Layperson Sub Conwactor Home: 272-0252
~ ~x o~'c~ol 2915C NW 12th St.
~ 01/~/o3
01/14/2006 Andrew Yo-r,g,oss, t~;r Engineer Engineer Work: 276-0274
rtmzp ~ 0s/21/c~ 636 West Drive Home: 276-4403
DelrayBeach, FL 33445 Fax: 272-7950
Cell: 212-2604
01/14/2004 Gilda Fernandez Property Layperson Work: 243-6800
~-~. ~/l~/0~ 1301 Southwest Ten~h Ave Mamgemem Home: 276-9794
# N-103 Fa~ 265-4935
DelrayBeach, FL
01/14/2005 Work:
Fa~
Corem: Nonm Smith 243-7213
Case nbr
Property'-''-address.' D . .
Property Control Number
02 00013331
3498 HA~BOR CIR
12 43 46 33 16 000 0390
Case type, desc, estbl
Default inspector ID
Tenant name, number
Case credit balance
AC ACTIV~
GC GENERAL VIOLATION CODE CASE
CC CITIZ~NCOMPLAINT
PN PIERR~NORMIL
.00
3.4:08:4(
238360
12/30/02
......................... PROPERTY
Name . . . = STARIN HARVEY D & DOROTHEA M
A~dresa: 3498 HARBOR
DELRAY BEACH
CF.~02101
Print ltre .. ~
Phone ~
zap . :::=
Case number ..... r
Property a~dxess,-ZD . .
Property Con:rs1 Number
name, Dumber
02 00013331
3498HAP~0R
12 43 46 33 16 000 0390
334838029
4/ol/o3
14:0B:59
238360
SCR~ENPORCHPATIO /.NO PERMIT AND]N~PECTIONS...
SENT TO CEB
HAS pERMIT.,NEEDMORETIME...POSPOND..3/20/03
Violation
PF.~MIT + INSPECTIONS R~UIRED - ACTIVE
PLEASE OBTAIN BUILDING PERMIT FOR NEW SCREEN PORCH PATIO
INSTALLED RECENTL~ANDX.NSP~CTIONSAI~ALSOP-EQUIRED.
THANK YOU.
12/30/0~
2/02/02
3/20/02
3.2/30/0~
12/30/0;
F3tBx:Lt
F12-Cancel
DATE: '7/10/03 PLaN I~EVIEW CORP~ECTIONS REPORT PAGE 1
City of Delray Beach Florida
100 NW 1ST AVE
DELRAY BEACH FL 33444
APPLZCATIONI~R . . : 03-00083S42
ADDP~ESS .... : 3498 ~L~RBOR CIR
APPLICATION DATE ~ : 2/24/03
O~ ..... = ~ ~ D & ~R~ M
3498 ~OR
D~Y~ ~ 3~4838029
DELRAY BEACH
.~'L33444
~c~NCY lO, ME: PLAN REVIEW
DATE ACTION ACTZ0~ BY
3/01/03 RETURR TOA~ENCYNEXT GEOBGEDIA~/243-?207
5/05/03 DISAPPROVED FReD ~w-~-NBERG/243-?165
* COMPLY WI~ ~S ~ ~ DEP~S ~ ~O~.
~ST BE ~D~SS~:
1- W~S
HO~ FI~ ~ - NO OP~IN~S.
2- ~
~ ~TIFI~TION.
~- HOW IS
AGENCY NAME: ENGI. NF.,ERING
DATE ACTION ACTION BY
3/12/03 DISAPPROVED DIANE P~RS~NGF~R/243-7327
1. REQUIRES APPROVAL BY P~ PRIOR TO I~NGINEERING I~EVIEW
~ENCY NAME: PLANNING AND ZONING - .
DAT~ ACTION ACTION BY
3/11/03 DISAPPROIrED ~IL BOSWELL/243-?045
II~DZCATE DIMENSIONS AND LOCATION OF SCREEN ROOM AND PROVIDE
DETAIL OF AWNING ROOF. PROVIDE DIMENSIONS OF PROPOSED PAVER
~uREA. ~PLZCATZON MAY R.~UuI~ A CLASS Z SITE PLaN
MODIFICATION APPLICATION BUT ar ADDITIC~I~L 3~FO. Z$ ~a~ED
BEFOR~ THAT D]~CISION CAN BE MADE.
4/~o/o2
DISAPPROVED AP~ILBOSWELL/243-9045
A~4NING~NCROAC~S ~NTOREOUII~EDREARBBTBACKOF 25 FEET.
ENGINEERING~ID PLAN P~EViEWMAYHA%'g Z~u=SWITEDP.~/N~GE
~ FIRE WALL SEPARATION.
4/25/03 DISAPPROVED
ROBERT TEPTT/243-7045
DATE: ?/10/03 PLAN' REVIEW CORRECTIONS REPORT PA~E 2
City of Delray Beach Florida
100 NW 1ST AV~
DELRAY B~ACH FL 33444
APPLICATION NBR . . = 03-00083542
~ENCY flAME: 'PLANNING AND ZONING
DATE ACTION ACTION BY
4/25/03 DI~PRO%'ED
- ~PPLICANT MUST SUBMIT FOR AN INTERNAL AIXTUSTMENT TO REDUCI~
TH~ REQ~D REAR BETBACK FOR A PATIO. A SITE PLAN MOD. APP.
WILL BE i~EQ'D FOLLOWING TIfl~ INT~RAIALADJ. AND PRIOR TO
FURTHER PERMIT REVIEW.
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
infor~gon:
2. Home Address:; 2" ..- _ ..., ,0
_ .
4.. P~ ~~~"h1" ~a~.,:~ / ~ ~ ~,~, ,/ _ s.,, ~ Cod,
5. ~om~ Phone: Bu~ss Phon~: ~-~i~ Address: ~ C~ Phone: F~:
6. Are you ~ reffistered vot~ [/ If~o;where
7. ~tBozrd(s)~cyoumtc~cd~sc~PJcase~st~ordcrof~ef~i~nce:
~ ~s, ~ '~' ~o~d;'o~-~ch you :~e ~U), ~r h,Ve ~ousb. ~d:' ~i~s. ~dud~ ~es)
10. ~t ~7 ~lat~d pmf~**io~ ~fieafion~ ~d ~c~n~ ~ you hold:
1 I. Give your presen~ most ~c~ut ~l~)'er, ~ poh~on:~'~ ~ . ~ ~ j ~ _
12. ~s~be ~e~e~es, ~s o~Jed~ wffi~ ¢~ you m
p of ~y
D~~~
Note: This spplicngon will remain on ~e in the Cit3, Clerk's O~ce for n peziod of 2 yurs from the Ate it
submined. It will be the applicant's responsibility m ensure that a cut~[lS~l/~,~'~ file.
FtAR 2 6 2003
0
National Republican Conaressional Committee
Bvsr ss AovlSORY COUNCIL
From the Office of the Chairman
CONGRESSMAN TOM REYNOLDS
FOR IMMEDIATE RELEASE:
This official "Press Release" is to announce that Mark J. Behar, a Local Resident
and Businessman from Delray Beach, Florida will be meeting and speaking with several
Members Of Congress up on Capital Hill this week to ~lk about the tax related issues,
concerns, and problems facing local level "Small Business Owners" from Florida.
Mark will be meeting and speaking with Local Congressman Mark Foley (R-16.th) as
well on *March 19.th, regarding his views and opinions on how He and Congress can
help our Local Small Business Owners grow, when he's up on The Hill.
The National Republican ~on~ressionnl Committee's - Business Advisory Council
has also scheduled a special awards presentation and ceremony on *March 18 in
Washington, DC to present Mr. Behar with the "2003 Businessman Of The Year
?.ward"~ ns a Delegate from Florida.
Several Members of Congress like House Majority Leader, Tom DeLay, and
N-RCC Chairman, Tom Reynolds as well az other VIP notables will be in nuendance to
personally present him with his award at au Award Luncheon. It will be a major ~vent in
Washington.
Mr. Behar has also been invited and will be attending the "Con~rassional Tax Summit"
re~ardinR the President*s Economic Stimulus Plan.
Commenting on Mr. Bchnfs Award, Congressman Reynolds (R-NY) said, "On behalf
of all of my colleagues in the U.S. Congress up on Capital Hill and the National
Republican Congressional Committee, I want to extend my personal THANK YOU to
Mr. Behar, for all of his accomplishments and his efforts over the past year as a role
model for and az a Mentor to our new generation of Independent Small Business Owners,
and to say that this selection now places him among the elite Young American
Businessman who are the future of our nations economic growth".
OFFICIAL PBC RELEASE:
MR. MARK J. BEHAR
APPOINTED TO
PRESIDENTIAL BUSINESS COMMISSION
Washington, D.C. - Congressman Tom DeLay of Texas announced today that Mr. Mark
Behar of Delray Beach has been selected to serve the State of Florida on the new
Presidential Business Commission.
The PRESIDENTIAL BUSINESS COMMISSION (PBC) is an elite group of leading
business and professional people and political strategists who will be advising the
Republican leadership on how to protect the President's Majority in the House in the
upcoming elections. Mr. Behar was selected based on outstanding contributions as an
HonoraD' Chairman of the Part3,'s Business Advisoo' Council. a position Mr. Behar still
holds. On the Presidential Business Commission. Mr. Behar is expected to play a key role
in helping the Part).' craft their strategy in the important closing weeks of the campaign.
Commenting on Mr. Behar's selection, Congressman DeLay said, 'The 2002 elbction will
be critical in determinin5 the course of our nation, particularly in terms of tax'relief and
national defense. I am thrilled to have Mr. Behar's expertise and input as a resource in the
final weeks.' Mr. Behar will also be invited to attend high level meetings in Washington,
and is expected to receive a special thank you picture of the President.
Press Release
FOR IM'MFI'HATI~ l~l'l,~&g~
MR MARK J. BEHAR APPOINTED TO
CONGRESSIONAL BUSINESS COMMISSION
%Vashlngton D.C. - Congres~n Jim Ryun of Kansas announced T~y ~t
~ M~k J. Beh~ of De~y Beach, F~ h~ ~en selected to ~e on ~e n~
~n~cssional B~ss Co~iss~on,
The CONGRESSIONAL BUSINESS CO.WLMISSION (CBC) is au dire
group of leading business people and political strategists who viii be advising ~e
Republican Leadership on how ~n _~ro~c? th, ]~e.m~hllan. Major~_ in the House in
the Fall EiecHons
Nit Behar was selected based on outstanding contributions as au Honorary
Chafing. ofthe Party's Business Advisory Council Om the CBC, IVu Behar is
expected to play a key role in helping the Party craft thei~ campaign swate~, for the
2002 elections. The CBC is committed to supporting and recruiting fiscally
conserva.'ive candidates who are comu, iued ~o mx reduction and relief.
Coa,,',,enting o1~ Mr Behar's selection, Congressman Ryuu ~aid, "The 3002
election will be crMcal in determining the course of out nation. I am thrilled ~o have
Mr Behar's expertise and inpu! as a ~ource as ~ve head toward November."
Mr Behar will also be listed on the Congressional Business Honor Roll,
which w/Il be displayed in the Republican Headquarters Building in Washington. ,"
'i
Boca Raton New:
47U~ Year / Issue 294 DEB:lAY BEACH EDITION 1 ~ecUon / 40 P~e~ 12
McBride campaign consultant out of a job
~r ~f ~ ~ for ~ Rep.
~ub ~ ~ M~ ~mp
NEWS
Boynton Beach
CJb Commission
Project Updates
B oyh t 'BTa ( I
Starts Mentoring Program
eommunJty who seek to get into the hvutment sod . ..~. th~. '~e school of hm~d knodm'um~
· - · - Ihe mgum mind m~de thaf: I ctn teach them reims
Snlshed f~ to seven day~ a week. 'They do all the Imsmess the7 choooe (~' the~se, Ives,° be m~d. 'il
computer wo~Ic phone ca]Is, faxing, banking, the meat and potntoes of ovflung your own small
Home Depot, Office Depot, ~e po~t o~ce, etc~ au well have been told by other~ ~hat they couldn't do
as ali lep~ aspects, includiflf filing all necenary oomet~..ing and/or ctn't succe~l, I tel] them 1~
documents and papers for ieee. matters at the Palm prove mere wrong."
Beach Coun~ Courthouses m Delruy Beach nd West Mark con~:lers himse~a ~ hsMneom
Palm Beach, tqd of courJe anything else that might who 8Jncere)y waflt~ to help o~ers 8ucceed in ~se
bappe?, arise, and/or breakdown tJtmughout the day. estate investment business. For more info~na~st
"lts the real world, realty, hands-on, one-on, one M~r~ Behar at (561) 737-9605, or (56D 279-~rq
Lobby
Voluntcc~
Needed
Commerce b nK~dl
volunteers from the
c~mmunity to
Chamber's V'mitm
Infonna~on Center.
The Yis~to~*s
ln~onngdon Ceme~ b
~ondfFom 9 i-re. to 31
residents and buslne~
iooldng f~r in~rma~b
bhe Boynton Bench
community and
atWacfions.
Voluntee~ have
choice of wofldng
momin~ sftemoom.
d~ or more. J~mar7
~oponsibil~des are dr
customer interagdon
the telephones and in
~m~ n. A good knmd,
e Boy.ton Bench
'communi~, is heb~'ul~
· p~unt mind ·
For mo~ k~,mm
C~amber -~ (561)
~OR
Tm~ R~"ym~l~ M.C.
FOR IMMEDIATE RELEASE
MARK ~I. BEHAR
NAMED TO THE 2003 Rk'~UBLICAN CHAIRMAN'S HONOR ROLl.
Washington, D.C=--- National P,~x~lican Congressional ~ Ch~..~ Tom Reynolds
· nnounced today tlutt local businemm~en Ma~ J. Behar of Del Ben~ ha~ bom named to the 2003
Republican Chnirmnn's Hona' Roil.
An Exclusive Cha~m~'s Nom~n~f~on For:
Mark J. Behar
;~03 R~P~GLI~ ~,4IRMA~$ ~I~ONOR ROZ, I,
1993
2001-
--CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
in,'.-;..
application w~l remain on ~le in d~e C.~ · pe~iocl of 2 Teats from ~he c~te hwas
submkted. It w~ be ~he al~cant's zesponm'h~ty ~) ~ute ~ha! · cI~nt npp31cagon b on ~le.
oe/1o*o3 'X'~E 1!:o9 F.4.,T 661 243 3774 C1'I'~ C'~ '.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
RECEIVED
JUN 11 2003
OITY CLERK
200~
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
t
199-a
2ool
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
State Zip Code
4. P~ B,,~i-ess Ad'ss: ~ S~m ~p ~e
5, H~ Pbgc: B,,gness Ph~e: ~ ~s: ~ Ph~= F~
~. ~t ~(s) ~ ~u ~ ~ ~ P~s~fi~ ~ ~ ~:
8. ~ ~ ~ ~s ~ w~ ~u ~ c~ ~ m ~ ~ ~: ~ ~}~c ~)
1 I. ~e y~ ~ m mo~ ~t ~EI~, ~d po~Pn~
Note: This application will ~-m.;. On file in thc City Cieflc's Office for a period of 2 ye. als f~:>m thc date itwas
submitted. It will be the applicant's s~ponsibility to enstue that a cuzrent application is em file.
RECEfVED ~
leAR .~ 1 2003
OITY OLERK
Attachment to Section t2
City of Delray Beach Board Member Application
I believe I sm qualified to serve my c~ on one of its boards because of my
professional experience, my commitment to seeing our city grow and prosper in
an orderly fashion, and my belief that the needs of all our citizens should be
served in · fair and compassionate manner.
First, I am a licensed and -,clive Realto~ in the City of Delmy Beach. I am
committed to supporting a balance bet';.'ccn our need for growth end
development and our desire to maintain our rich cultural heritage. I believe that
opportunities for growth and development should reflect ,=nd support both our
city's history as well as our need to supply all our residents wi~ a wide range of
housing, educa~onal, employment and entertainment opportunities.
My previoud experience as a senior executive in the high technology industry
enables me to understand the impacts of budgets on growth end gives me the
ability to make the sometimes hard decisions required to balance 'needs' with
'wants.' As a manager familiar with strategic end long term planning I
understand the r. ccd for implementing orderly and controlled processes for
viewing a wide range of requirements and the benefits of consistency in any
review process.
Second, I feel a strong commitment to seeing our city grow and prosper. I was
among the first graduates of the Delray Beach Resident's Academy (November,
2001) and found the experience both educa§onal and inspiring. I learned a lot at
that ~me I promised myself that I would be back to take a larger part in making
our city one I was proud of. As · resident I take pride in 'my city' and do all I can
to show that pride by attending events and taking an active part in city business.
I have attended numerous Commission meetings end learned a lot about lhe
process of how our city govemmant operates. Now I feel it is time to give
something back and participate in s way that will have an impact. Instead of just
talking about what happens, I want to volunteer to help make things happen.
Finally, I believe me needs of ell our citizens should be sewed in s fair e~d
compassionate manner. The many boards in our city are charged with
implementing the rules and procedures by which we live. Rules make our
society ordedy and allow opportunll~es for all to live peacefully end in harmony.
Yet I believe those rules should be enforced with an eye toward the end result
they were intended to achieve. As such they must be dealt with in a fair,
responsible and compassionate manner that allows all city residents to enjoy the
city's benefits and its opportunities.
. _ _ 3498 HARBOR CIRCLE, DEI..qAY B,E.~. CH, FLORIDA 33dJ~3
HARVEY D. ~TARIN TEL ~61-272-1665 - FAX 661-243-6087 - EMAJL. hstarin~aol.com
Strong Sales SldH% Focused On Results & Customer Satisfaction
· S~nS customeF rehtionship man~ement s~ills and e~tensive customer sa'vice exj~rience
· Skilled at custome~ development and sales.
· Highly organizcd time manage~, adept at balancing multiple competing objectives
· Extc~iv¢ customer facing direct roles ~cl sales mana~ment experience
· Excellent writing and presentation skills.
· Skilled Ir~_d~how m~rmger, from comcept and tlmme dev~lopmmt Io ~ow/booth management.
· Licensed US Coast Cmard CNXain
EDUCATION
MK~ UnJvwsity of FJcdda
- ~mdor Marketb~ Es~taflre
Experienced in MsrketinL hies, StratezJc PhnninL and Operations
~001 t~ 2002: Saratoga Telecom, be.: NatJomd Retail Sobs Mmmger. Hired, developed and managed
outside sales force selling telecommunications services to and prepaid phone card products to the nmrifime
indusU'y mtionwklc. Performed direct customer contact. Developed ret~il sales sU-at~Jes to incraue volume
and market penetration in thi~ highly competitivc industry. Developed and prepared reports for sales,
distribution, sales force productivity and demand force, am.
1999 to 2000: e*exbibJLeom. Boca Raton. FL
Co-Founder and President of tutemct Business-To-Business e-commercc startup venture with responsibility
for ~ll a~livities associated with creating and building the first Intemet "Virtual Trade Show.'
1997 to 1999: Lucent TecbnoloffJes New Ventures GrouD. Murray Hill NJ
General Manager- Per~stant Teekuologles: Creat~cl and launch~ a now l.,u~nt Intemot stam~ ventu~ for
the delivery ofinteractlve ffaining OVer the J~te~'net. Rzspons~le for negotia~ng and closing all initial test
~ts~omer and fu~ service client contracts with Fortune 100 firms. Crmt~ thc vision for the company, directed
sofl~vare development and aH customer related activities in the mum'billion-dollar adult iearnins, corporate
Iralning marke~ space.
1993 to 1997: Lucent TechuoloaJes & AT&T. bldn~ RMae. NJ
General Manager- Learulna_ Works: Created and brought to ~a the Lucent Technologies ;'Learning
Works" integrated solution business to sdd~ess the mum'billion dollar oppoflunity in applying high technolo~,
~elninS and corporate ~tecutives ofparC~ ~ums.
1988 to 1992: AT&T Genersd Busimm Systems. Parsimmnv. NJ
Product Marketing Director. Respom~le for all product marketing activities, marketing cc41ateral
development, sales SUplX~ mata'iaL% U'ade show management and ~tmn'ion and media re, htlom.
AT&T Information Systems: Branch Saks Manager - pt Lmulmtale, FL mi Atlanta, GA.
1993
d~O01
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1..Las~ Nam," '-n
M.L
2. Home Ack.ss: / $,,~e Zip Code
H~e P~: B~P~ ~~ss: ~Ph~ F~:I
11. G~e yom pms~k m most ~%~,
submitted. It v;~ be the aj~cant s responm'b~ to ensure d~t · c~,-.t tfp~;l~-fion a on ~e.
JUN 3 0 2003
CITY CLERK
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMIvlISSIONERS
~ITY MANAGER
ORDINANCE NO. 23-03 (SlVL~I.I. SCALE FUTURE LAND USE MAP
AMENDMENT & REZONING
SEPTEMBER 5, 2003
This ordinance is before Commission for second reading and a quadjua~dal heating that provides for a
small scale Future Land Use Map (FLUM) amendment from LD (Low Density Residential - Five (5)
dwelling units/acre) to CF-C (Community Facilities - Churches), and rezoning from R-I-AA (ffmgle
Family Residential) to CF (Community Facilities) for a portion of the Trinity Lutheran Church
located at the northwest comer of north Swinton Avenue and Lake Ida Road (400 North Swinton
Avenue).
The subject property consists of a portion of Lot 12 of the Model Land Company Subdivision and is
0.81 acres. A 1,035 square foot storage building and parking area currently exists on the property
which has been owned by the church since 1982. On July 8, 2003, the City Commission approved the
initiation of a corrective small-scale Future Land Use Map (FLUM) Amendment from LD (Low
Density) to CF-C (Community Facilities - Churches) and rezoning from R-I-AA (Single Family
Residential) to CF (Community Facilities).
The Planning and Zoning Board held a public heating in conjunction with the request. There were
two (2) people from the public who expressed concerns with existing nuisances generated by the
church and the expansion of the church onto the subject property as permitted use. After discussing
this proposal, the Board voted 4-0 to recommend that the request be approved, based on positive
findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), Land Development Regulations (LDR) Section 3.1.1 (Required Findings),
LDR Section 3.2.2 (Standards for Rezonings), LDR Section 2.4.5 (12))(5) (Rezoning Findings), and the
goals, objectives, and policies of the Comprehensive Plan.
At the first reading on August 19, 2003, the City Commission passed Ordinance No. 23-03.
Recommend approval of Ordinance No. 23-03 on second and final reading.
S:\City Cled~ \agenda memo*\Ord.23.03.9.9.03 RezOnmg
TO:
THRU:
FROM:
SUBJECT:
DAVI~A~N,~G ER
PAUL DORLING, DIRECT, OR/OF PLANNING AND ZONING
MEETING OF AUGUST 19, 2003
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM
LD (LOW DENSITY
RESIDENTIAL 0-5 DWELLING UNITS PER ACRE) TO CF-C (COMMUNITY FACILITIES -
CHURCH) AND REZONING FROM R-l-AA (SINGLE FAMILY RESIDENTIAL) TO CF
(COMMUNITY FACILITIES) FOR A PORTION OF THE TRINITY LUTHERAN CHURCH, WHICH
IS LOCATED AT THE NORTHWEST CORNER OF NORTH SWINTON AVENUE AND LAKE IDA
ROAD (400 NORTH SWINTON AVENUE).
The subject property consists of a portion of Lot 12 of the Model Land Company Subdivision and is 0.81 acres.
The property currently contains a 1,035 square foot storage building and parking area. The property has been
owned by the church since 1982. This was prior to the Citywide rezoning and adoption of the Land Development
Regulations in October 1990, when the majority of the Church's properties were rezoned from R-l-AA to CF.
Recognizing that this property should have been given FLUM and zoning designations consistent with the
balance of the church property, the City Commission approved the initiation of a corrective small-scale Future
Land Use Map amendment from LD (Low Density) to CF (Community Facility) and rezoning from R-l-AA (Single
Family) to CF (Community Facility) on July 8, 2003.
Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff
Report.
At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the
request. There were two people from the public that expressed concerns with existing nuisances generated by
the church and the expansion of the church facilities onto the subject property as a permitted use. The general
sentiment was that the church has not provided sufficient buffering to eliminate the noise generated at the outdoor
play areas, which are located along the north and west sides of the chumh campus. Staff is currently reviewing
prior approvals to determine if buffering or the relocation of play area were ever attached as conditions of prior
approvals. The results of that review will be available at the City Commission meeting. After reviewing the staff
report and discussing the proposal, the Planning and Zoning Board voted 4-0 (Soward abstaining, Morris absent)
to recommend that the request be approved, based on positive findings with respect to Future Land Use Element
Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings),
LDR Section 3.2.2 (Standards for Rezonings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals,
Objectives, and Policies of the Comprehensive Plan.
By motion, approve on first reading the ordinance for the proposed small scale FLUM Amendment from LD (Low
Density Residential 0-5 dwelling units per acre) to CF-C (Community Facilities - Church) and Rezoning from R-l-
AA (Single Family Residential) to CF (Community Facilities) for Trinity Lutheran Church based on positive findings
with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezonings), LDR Section 2.4.5(D)(5)
(Rezoning Findings) and consistency with the Goals, Objectives, and Policies of the Comprehensive Plan.
Attachments: P & Z Staff Report of July 21, 2003 I ,~-~
ORDINANCE NO. 23--03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DF.I.RAY BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSIVE PLAN FROM LF) (LOW DENSITY
RESIDENTIAL 0-5 DU/AC) TO CF-C (COMMUNITY
FACILITIES-CHURCHES), AND REZONING AND
PLACING LAND PRESENTLY ZONED R-l-AA (SINGLE
FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY
FACILITIES) DISTRICT; SAID LAND BEING A PARCEL
OF LAND LOCATED AT THE NORTHWEST CORNER OF
LAKE IDA ROAD AND SWINTON AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; WJ.~CTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SM_AH. SCAL~ LAND USE PLAN
AMENDMENTS; AMENDING "ZONING MAP OF
DF. LRAY BEACH, FLORIDA, APRIL 2003" PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is designated on the Future Land Use Map
(FLUIV0 in the Comprehensive Plan for the City of Delray Beach, Florida, as LD (Low Density
Residential 0-5du/ac); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April, 2003, as being zoned R-I-AA (Single F~mily
Residential); and
WHEREAS, at its meeting of July 21, 2003, the planning and Zoning Board for the City of
Delray Beach, as Local phnnlng Agency, considered this item at a public he-ring and voted 4 to 0 to
tecommemd approval of the small scale FLUM and that the property hereinafter described be
rezoned, based upon positive finding; and
WHEREAS, it is appropriate that the Future Land Uae Map in the Comprehensive Plan be
amended to reflect the revised land use designation of CF-C (Community Facilities-Churches); and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, dated April, 2003, be amended to reflect the revised zoning ehssification of CF
(Com,~unity Facilities) District
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COIVIlVIISSION OF THE
CITY OF DRI~RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property is as follows:
The South 100 feet of the North 200 feet of the East half of Lot 12, Subdivision of
Section 8, Township 46 South, Range 43 East, lying West of the East line of NAg/ 1st
Avenue extended southward, Dehay Beach, Palm Beach County, Florida.
Section 2. That the Future land Use Map designation for the subject property in the
Comprehensive Plan is hereby changed from LD (Low Density Residential 0-5 du/ac) to CF-C
(Community Facilides-Churches).
Section 3. That the Zoning District Map of the City of Delvay Beach, Florida, dated April,
2003 is hereby changed from R-l-AA (Single Family Residential) District to CF (Community
Facilities) District.
Section 4. That the City of Dehay Beach elects to make this small scale amendment by
having only an adoption hen ring, pursua n t to Florida Statutes Section 163.3187 (1) (c) 3.
Section 5. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delvay Beach, Florida, dated April,
2003, to confoma with the provisions of Section 3 hereof.
Section 6. That ~11 ordinances or parts of o~clinances itl conflict herewith be, and the same
ate hereby repealed.
Section 7. That should any section or provision of thig ordinance or any portion thereof,
any patagraph, sentence, or word be de,bred by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or pm thereof other than
the part declated to be invalid.
Section 8. That this o~inance shall become effective thirty-one (31) days after adoption,
unless the amendment is ~h~!lenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a final o~der is issued by the Depaxtment of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution af~ its effective status, a copy of which resolution
sh~ll be sent to the Depa~assent of Community Affaks, Bureau of Local pbnning, 2740 Centerview
Drive, T~!!~hassee, Florida 32399-2100.
2 ORD. NO. 23-03
PASSED AND ADOPTED in regular session on second and fin~! reading on this the
day of ,2003.
MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NO. 23-03
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
July 21, 2003
IV. D. _
City Initiated Future Land Use Map Amendment from LD (Low Density Residential
0-5 du/ac) to CFC (Community Facilities - Churches) and Rezoning From R-l-AA
(Single Family Residential) to CF (Community Facilities) for a 0.81 Acre Portion of
the Trinity Lutheran Church Property (Quasi-Judicial Hearing).
GENERAL DATA:
Owner/Applicant ......................... Tdnity Evangelical Lutheran
Church &' School
Agent .......................................... Robert G. Currie Partnership,
Inc.
Location ...................................... Located at the northwest
corner of Lake Ida Road and
Swinton Avenue.
Property Size .............................. 0.'81 Acres
Future Land Use Map ................ LD (Low Density Residential 0-5
Units/Acre)
Proposed FLUM ......................... CF-C (Community Facilities -
Churches)
Current Zoning .................. ~ ......... R-l-AA (Single Family
Residential)
Proposed Zoning ........................ CF-C (Community Facilities)
Adjacent Zoning ................ North: R-l-AA (Single' Family
Residential)
East: R-l-AA (Single Family
Residential)
South: CF-C (community Facilities -
Churches)
West: R-l-AA (Multiple Family
Residential)
--xisfing Land Use ...................... Church & Accessory School
Proposed Land Use .................... Church & Accessory School
Water Service ............................. Available connection via an 8'
water main, located within
Lake Ida Road.
Sewer Service ........................... ;. Existing on site.
LAK IDA ROAD
The action before the Board is that of making a recommendation to the City
Commission on a City initiated Future Land Use Map amendment from LD (Low Density
Residential 0-5 du/ac) to CF (Community Facilities - Churches) and rezoning from R-l-
AA (Single Family Residential) to CF (Community Facilities) for a portion of the Trinity
Lutheran Church, which is located at the' northwest comer of North Swinton Avenue and
Lake Ida Road (400 North Swinton Avenue).
Pursuant to Section 2.2,2(E), the Local Planning Agency (Planning & Zoning Board)
shall review and make a recommendation to the City Commission with respect to the
rezoning and FLUM Amendment of any property within the City.
The subject property consists of a portion of Lot 12 of the Model Land Company
Subdivision and consists of 0.81 acres. The property currently contains a 1,035 square
foot building and parking area. The property has been owned by the church since 1982,
which was pdor to the Citywide rezoning and adoption of the Land Development
Regulations in October 1990, at which time, the majority of the Church's properties were
rezoned from R-l-AA to CF.
At its meeting of July 8, 2003, the City Commission approved the initiation of a
corrective small-scale Future Land Use Map amendment from LD to CF and rezoning
from R-l-AA to CF for the subject property.
In accordance with Chapter 163, Florida Statutes, this Future Land Use Map
amendment is considered a small scale amendment and is not limited to the twice-a-
year Comprehensive Plan Amendment review process.
Florida Statutes 163.3187 -Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statutes 163.3187. This statute states that any local
govemment comprehensive land use amendments directly related to proposed small
scale development activities may be approved without regard to statutory limits on the
frequency of consideration of amendments (twice a year), subject to the following
conditions:
The amendment does not exceed 10 acres of land;
The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency
exception areas, or 60 acres annually in areas lying outside the designated
areas;
P & Z Board Staff Report
FLUM Amendment & Rezoning for Trinity Lutheran Church
Page 2
[3
The proposed amendment does not involve the same property, or the same
owner's property within 200 feet of property, granted a change within a period of
12 months;
That if the proposed amendment involves a residential land use, the residential
land use has a density of 10 units or less per acre except for properties that are
designated in the Comprehensive Plan for urban infill, urban redevelopment, or
downtown revitalization;
[3
The proposed amendment does not involve a text change to the goals, policies,
and objectives of the local government's comprehensive plan, but only proposes
a land use change to the Future Land Use Map for a site-specific small scale
development activity; and,
The property that is the subject of a proposed amendment is not located within
an area of critical state concern.
The subject property consists of 0.81 acres. The property is not located within a
designated redevelopment area or traffic concurrency exception area. It is noted that a
small scale Future Land Use Map (FLUM) amendment as defined by Florida State
Statute 163.3187 has not been adopted this year. Therefore, the proposed 0.82 acre
FLUM amendment does not exceed the 60 acre annual limit. The existing LD (Low
Density Residential 0-5 du/ac) FLUM designation allows a density up to 5 dwelling units
per acre and is proposed to be changed to CF-C (Community Facilities - Church),
which is a non-residential FLUM designation that does not allow residential
development. The proposed FLUM Amendment and Rezoning represent a corrective
measure to properiy designate the subject property according to its established use as
part of a church campus. The property has not previously been considered for a Future
Land Use Map amendment nor has the same owner's property, within 200 feetl been
granted a land use change within the last year. The amendment does not involve a text
change to the Comprehensive Plan and it is not located within an area of critical state
concern. -- .~
Land Use Analysis:
Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use
Map), all land uses and resulting structures must be allowed in the zoning district
within which the land is situated and, said zoning must be consistent with the
land use designation as shown on the Future Land Use Map.
The existing use of the subject property is storage, parking and open space associated
with the Trinity Lutheran Church, which are allowed as an accessory use to a church. It
is noted that churches are allowed as a conditional use in the R-l-AA zoning district [ref.
LDR Section 4.4.3(D)(2)]. However, the remainder of the Tdnity Lutheran Church has a
CF - C FLUM and CF zoning designation. Churches and attendant uses of daycare,
preschool, educational facilities, and other normal educational (Sunday school) and
recreational, and support facilities (e.g. parsonage) are allowed as a permitted use in
the CF zoning district [ref. LDR Section 4.4.21(B)(5)]. Consequently, it is appropriate to
P & Z Board Staff Report
FLUM Amendment & Rezoning for Trinity Lutheran Church
Page 3
correct the FLUM and Zoning Distdct Maps to change the designation of the subject
property so that it is consistent with the balance of the campus.
Based upon the above, a positive finding with respect to Future Land Use Map
consistency can be made. -
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
rq Demonstrated Need - That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or-policy, or similar circumstances. The need
must be supported by data and analysis verifying the changing demographics
or other circumstances. This requirement shall not apply to requests for the
FLUM designations of Conservation or Recreation and Open Space; nor shall
it apply to FLUM changes associated with annexations when the City's
advisory FLUM designation is being applied or when the requested
designation is of a similar intensity to the advisory designation. However, the
findings described in the remainder of this policy must be addressed with all
FLUM amendments.
As noted in the background section of this report, the property has been owned by
the Trinity Lutheran Chumh since 1982. The property has been a part of the chumh
campus and contains storage, parking and a dumpster. The proposed FLUM
amendm_ent is essentially corrective since the designation should have addressed as
part of the citywide rezonings when the remainder of the campus was rezoned from
R-l-AA to CF. -'
Consistency - The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
The proposed change to CF-C is a corrective amendment consistent with the
balance of the Trinity Lutheran Church campus. If redevelopment of the subject
property were to occur, the proposed CF-C would be more appropriate as the
majority of the campus is designated as CFC.
Concurrency - Development at the highest Intensity possible under the
requested designation can meet the adopted concurrency standards.
The proposal involves a corrective FLUM amendment on a 0.81 acre parcel from LD
to CF-C and a rezoning from R-l-AA to CF. While the LD allows a maximum of 5
dwelling units per acre, it also accommodates the uses allowed by the CF-C FLUM
designation (i.e. chumhes, child care facilities and educational facilities). The
existing use of the property is a permitted use in the CF zoning district and as a
conditional use in the R-l-AA zoning district. There will be no increase of the
P & Z Board Staff Report
FLUM Amendment & Rezoning for Trinity Lutheran Church
Page 4
intensity of the property that is not currently allowed in the existing LD zoning
designation with respect to concurrency. Any future development would need to
comply with the Palm Beach Coqnty Traffic Performance Standards Ordinance.
[] Compatibility - The requested designation will be compatible with the existing
and future land uses of the surrounding area.
As noted previously, churches are allowed in both the LD and CF-C district.
Furthermore, the subject property has been owned and utilized as part of the Trinity
Lutheran Church campus since 1982. The use of the property as a Church has
been compatible with the surrounding area.
[] Compliance - Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
Future redevelopment of the 0.81 acre parcel of land will occur in accordance with
the City's Land Development Regulations during the site plan review process. There
is no redevelopment proposal associated with this property. Given the above, a
positive finding with respect to compliance with the Land Development Regulations
can be made.
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 mindtes. 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 Us~ Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency was
previously discussed under the "Future Land Use Map Amendment Analysis" section of
this report. Compliance with the Land Development Regulations with respect to
Standards for Rezoning Actions and Rezoning Findings are discussed below.
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.
P & Z Board Staff Report
FLUM Amendment & Rezoning for Trinity Lutheran Church
Page 5
Section 3.2.2 (Standards for Rezonin;I Actions): Standards B, C and E are not
applicable with respect to the rezoning requests. The applicable performance
standard of Section 3.2.2 is as follows:
(A)
The most restrictive residential zoning district that is applicable given
existing development patterns and typical lot sizes shall be applied to
those areas identified as "stable" and "stabilization" on the Residential
Neighborhood Categorization Map. Requests for rezonings to a different
zoning designation, other than Community Facilities, Open Space, Open
Space and Recreation, or Conservation shall be denied.
The subject property is designated as 'stable' on the Residential Neighborhood
Categorization Map. The proposed rezoning from R-l-AA to CF is allowed per
this performance standard. The existing use of the property is allowed as an
accessor~ use to the chumh in both zoning districts. Consequently, the proposed
rezoning to make the zoning the subject property consistent with the remainder
of the church campus is appropriate.
(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 proposed rezoning is corrective since the majority of the property was
previously rezoned from R-l-AA to CF in 1990. A church is an allowed use in
both zoning districts. If redevelopment of the property were to occur, the buffer
requirements of the Land Development Regulations will provide adequate
separation and screening for the residential uses to the north.
Section 2.4-.5(D)(5) (Rezonin;i Findines):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to pr~)vlsions of Section
3.1.1, the City Commission must make'a finding that the rez0ning 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;
That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more apprOpriate for the property based
upon circumstances particular to the site and/or neighborhood.
The appropriate reasons for the proposed rezonings are "a" and 'c", based on the
following:
P & Z Board Staff Report
FLUM Amendment & Rezoning for Trinity Lutheran Church
Page 6
The R-l-AA zoning distdct is inappropriate siqce the majority of the chumh campus was
rezoned to CF in 1990 and the subject property was inadvertently excluded from this
rezoning. Churches are allowed uses in both the R-l-AA and CF zoning district. A
rezoning to CF is more appropriate for the property and will allow a consistent zoning for
the entire campus. -
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on a land development
application/request.
There is no development proposal associated with this rezoning request. The rezoning
is corrective in nature in order to provide a unified zoning classification to the entire
church campus. Any development proposal will have to comply with the Land
Development Regulations.
The subject property is not within a geographical area requiring review by the
Community Redevelopment Agency, Downtown Development Authority or the Historic
Preservation Board.
Courtesy Notices:
Courtesy notices have been provided to the following civic and homeownem
associations:
· Seacrest HOA
· Presidents Council
· PROD
· Lake Ida HOA
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and support, if any, will be presented at the
Planning and Zoning Board meeting.
The proposed FLUM amendment and Zoning Map change is a corrective measure with
respect to providing the appropriate designations for the existing church property, which
will be consistent with the remainder of the campus. There has been no known conflict
with the surrounding properties. Positive findings can be made with respect to Future
Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and
Policies of the Comprehensive Plan. Positive findings can be made with respect to LDR
P & Z Board Staff Report
FLUM Amendment & Rezoning for Trinity Lutheran Church
Page 7
Section 2.4.5(D)(5) (Rezoning Findings). Therefore, the proposed FLUM amendment
can be recommended for approval based on the findings outlined in this report.
A. Continue with direction.
Recommend to the City Commission approval of a small-scale FLUM
Amendment from LD (Low Density Residential, 0-5 du/ac) to CF-C (Community
Facilities - Church), and rezoning from R-l-AA (Single Family Residential) to CF
(Community Facilities) fo~' Trinity Lutheran Church based on positive findings
with respect to Future Land Use Element Policy A-1.7 of the Comprehensive
Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR
Section 3.2~2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5)
(Rezoning Findings), and the Goals, Objectives and Policies of the
Comprehensive Plan.
Recommend denial of the FLUM Amendment from LD to CF-C and Rezoning
from R-l-AA to CF based on a failure to make positive findings with respect to
Future Land Use Element Policy A-1.7 of the Comprehensive Plan, LDR Section
3.2.2 and LDR Section 2.4.5(D)(5)[Required Findings], and that the FLUM
amendments and rezonings fail to fulfill one of the basis for which a FLUM
Amendment or rezoning should be granted.
Recommend to the City Commission approval of the proposed small scale FLUM
Amendment from LD (Low Density Residential 0-5 dwelling units per acre) to CF-C
(Community Facility - Church) and Rezoning from R-l-AA (Single Family Residential) to
CF (Community Facilities) for Trinity Lutheran Church, based on positive findings with
respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LDR Section 3.1.1 (Required Findings);~ LDR Section 3.2.2
(Standards for Rezonings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals,
Objectives, and Policies of the Comprehensive Plan
Attachments:
Future Land Use Map
Zoning Map
Prepared by: Scoff Pape, Senior Planner
9TH
LAKE IDA ROAD
ST.
CHURCH
CITY
ATTORNEY
BUILDING
CITY
HALL
N.E, 6TH
5TH
TRINITY
CHURCH
FLUM AMENDMENT
400 N. SWINTON AVE.
^VE R~W)
+
SR
CF
C/TY
HALL
TRINITY
CHURCH
REZONING
FROM: R-l-AA (SINGLE FAMIL'~
RESIDENTIAL)
TO: CF (COMMUNITY
FACILITIES)
400 N. SWlNTON AVE.
MEMORANDUM
TO:' MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM ~ REGULAR MEETING OF SEPTEMBER 9. 2003
RESOLUTION NO. 54-03 (TENTATIVE MII.L&GE LEVY).
DATE:
SEPTEMBER 30, 2003
Resolution No. 54-03 tentatively levies a tax on all properties in the City of Delray Beach for FY 2004
as follows:
7.52 mills for operation and maintenance of the General Fund
0.48 mills for the payment of principal and interest on bonded indebtedness
8.00 mill~ ---- tentative millage ~ate
The rate of 8.00 mills is the same as FY 2003. The rolled back rate calculated under the TRIM law for
operating purposes is 6.6911 mills. The tentative rnilhge rate is 12.39% above the rolled back rate.
The assessed valuation on all taxable property within the City for operating purposes is
$4,730,050,967. The assessed valuation for debt service is $4,731,101,110. The reason for the
differential is the exemptions that were granted to historic properties in the City. They apply to
operating rnilhge only.
Pursuant to the City Charter and TRIM requirements, a public heaxing must be held prior to the
adoption of the resolution.
Final adoption of the FY 2004 budget is scheduled for September 23, 2003.
Recommend approval of Resolution No. 54-03.
Ref:A~nemo20.Re.54-03.Te~tntive Millnge I~vy. FY 2004
RESOLUTION NO. 54-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DFI.RAY BEACH, TO TENTATIVELY LEVY A TAX ON
Al J, PROPERTIES WITHIN THE CITY OF DFJ.RAY BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION, AND
TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF
PRINCIPAL AND INTEREST ON BONDED
INDEBTEDNESS, AND TO AIJ.OCATE AND APPROPRIATE
SAID COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a tax of $7.52 per one thousand dollars ($1,000.00) of assessed
valuation is hereby tentatively levied on all taxable property within the City of Delray Beach for the
fiscal year commencing October 1, 2003, and ending September 30, 2004. There shall be and hereby
is appropriated for the General Fund operations of the City revenue derived from said tax for
operating and maintenance expenses of the General Fund, and also in addition, all revenues derived
by said City during said fiscal year from all other sources other than the tax levy for current bond
service and that part of collection of delinquent taxes levied for bond service. The assessed
valuation on all taxable property for operating purposes within the City of Delray Beach is
$4,730,050,967. The tentative operating millage rate of $7.52 per one thousand dollars ($1,000.00)
exceeds the rolled-back rote of $6.6911 per one thousand dollars ($1,000.00) by 12.39%.
Section 2. That the mount of money necessary to be raised for interest charges
and bond redemption which constitutes a general obligation bonded indebtedness of the City of
Delray Beach is $2,157,382. There is hereby appropriated for the payment thereof, all revenues
derived from the tentative tax levy of $0.48 per one thousand dollars ($1,000.00) of assessed
valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 2003,
and ending September 30, 2004, upon the taxable property of the City of Delray Beach, the assessed
valuation being $4,731,101,110.
Section 3. That the above tentative millage rates are adopted subject to adjustment
in accordance with Section 200.065(5) of the Florida Statutes which provides that a munidpality may
adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as
certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the
taxable value shown on the assessment roll to be extended.
2003.
2003.
Section 4. That a public hearing was held on the proposed budget on September 9,
PASSED AND ADOPTED in regular session on this the 9~ day of September,
ATI'h;ST:
MAYOR
city C em
2 RES. NO. 54-03
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT:
AGENDA ITEM ~ (~} ~) - REGULAR MEETING OF SEPTEMBER 9~ 2003
RESOLUTION NO. 55-03 ~TENTATIVE BUDGET Al)OPTION FOR FY
2004)
DATE:
September 5, 2003
Resolution No. 55-03 makes tentative appropriations of sums of money for all necessary
expenditures of the City for fiscal year 2004. The tentative appropriations are set forth in Exhibit
"A" to the resolution.
Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the
adoption of the tentative budget. Final adoption of the budget for FY 2004 is scheduled for
September 23, 2003.
Recommend approval of Resolution No. 55-03.
Ref:Agmemo20.Res.55-03 Tentative Budget Adoption. FY 2004
RESOLUTION NO. 55-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE
APPROPRIATIONS OF SUMS OF MONEY FOR AI.I~
NECESSARY EXPENDITURES OF THE CITY OF DELRAY
BEACH FOR THE PERIOD FROM THE 1s' DAY OF
OCTOBER, 2003, TO THE 30'~ DAY OF SEPTEMBER, 2004; TO
PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS
WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND
THEIR PAYMENT; AND TO REPEAL ALT. RESOLUTIONS
WHOLLY IN CONFLICT WITH THIS RESOLUTION AND
AI.T. RESOLUTIONS INCONSISTENT WITH THIS
RESOLUTION TO THE EXTENT OF SUCH
INCONSISTENCY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DI~.I,RAY BEACH, FLORIDA, AS FO!-t.OWS:
Section 1. That the following sums of money, attached hereto and marked Exhibit
"A", are hereby tentatively appropriated upon the terms and conditions herein set forth.
Section 2. That, subject to the qualifications contained in this resolution, all
appropriations made out of the General Fund are declared to be maximum, conditional and
proportionate appropriations, the purpose b(mg to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the aggregate revenues collected and
other resources available during the period commencing the 1 s' day of October, 2003, and ending
the 30e" day of September, 2004, for which the appropriations are made, are sufficient to pay all the
appropriations in full. Othenvise, said appropriations shall be deemed to be payable in such
proportion as the total sum of realized revenue of the General Fund is to the total amount of
revenues est/mated by the City Commission to be available in the period commencing the 1't day of
October, 2003, and ending the 30m day of September, 2004.
Section 3. That all balances of the appropriations payable out of the General Fund
of the City Treasury unencumbered at the close of business on the 3ffh day of September, 2003,
except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be
used for the payment of the appropriations which may be made in any appropriation for the fiscal
year commencing the 1" day of October, 2003. However, nothing in this section shall be construed
to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund,
Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be
used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1"
day of October, 2003.
Section 4. That no department, bureau, agency or individual receiving
appropriations under the provisions of this resolution shall exceed the amount of its appropriation,
except with the consent and approval of the City Commission first obtained. If such depaxunent,
bureau, agency or individual shall exceed the amount of its appropriation without such consent and
approval of the City Commission, the administrative officer or individual, in the discretion of the
City Commission, may be deemed guilty of neglect of official duty and may be subject to removal
therefore.
Section 5. That nothing in this resolution shall be construed as authorizing any
reduction to be made in the amounts appropriated in this resolution for the payment of interest on,
or retirement of, the debt of the City of Delray Beach, Florida.
Section 6. That none of the monies enumerated in this resolution in connection
with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall
be expended for any purposes other than those for which they are appropriated, and it shall be the
duty of the Budget Administrator and/or Finance Director to report known violations of this
section to the City Manager.
Section 7. That all monies collected by any department, bureau, agency or
individual of the City government shall be paid promptly into the City Treasury.
Section 8. That the foregoing budget is hereby tentatively adopted as the official
budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restxicfiuns with
respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum
amounts for classes of expenditures/expenses which have been included in this resolution.
Section 9. That a public hearing was held on the tentative tax levy and the tentative
budget on September 9, 2003.
Section 10. That this resolution shall become effective immediately upon its
PASSF. D AND ADOPTED in reguhr session on this the 9* day of September,
2003.
MAYOR
ATIISST:
C~ty Clerk
2
RES. NO. 55-03
CASH BALANCES BROUGHT FORWARD
TAXES
AD VALOREM TAXES
AD VALOREM TAXES
AD VALOREM-DELINQUENT
AD VALOREM - DDA
Sales & Use Taxes
Franchise Taxes
Utility Taxes
Other Taxes
Licenses & Permits
Intergovernmental
Charges for Services
Fines & Forfeitures
Miscellaneous Revenues
Other Financing Sources
TOTAL REVENUES AND OTHER
FINANCING SOURCES
TOTAL ESTIMATED REVENUES
AND BALANCES
EXHIBIT A
BUDGET SUMMARY
DOWNTOWN SPECIAL
GENERAL DEVELOPMENT ENTERPRISE REVENUE
FUND FUND FUNDS FUNDS TOTAL
0 72,060 1,710,500 0 1,782,560
7.52
0.48
33,791,490 33,791,499
2,157,380 2,157,380
89,000 89,009
209,780 209,780
1,760,000 1,760,000
3,248,000 3,248,000
4,044,000 4,044,000
4,166,000 4,166,000
2,970,860 2,970,860
6,641,320 4,180 1,779,400 8,424,90{)
5,708,000 32,539,910 38,247,91{)
883,500 883,50~
2,553,830 7,000 606,480 23,000 3,190,31{)
2,879,720 68,000 1,373,820 4,321,54{)
70,893,100 216,780 33,218,570 3,193,720 107,522,17{)
70,893,100 288,840 34,929,070 3,193,720 109,304,73{)
General Government Services
Public Safety
Physical Environment
Transportation
Economic Environment
Human Services
Culture & Recreation
Debt Service
Other Financing Uses
TOTAL EXPENDITURES/EXPENSES
Reserves
TOTAL EXPENDITURES AND RESERVES
7,169,690 7,169,690
39,270,008 0 39,270,008
400,700 20,377.,490 20,778,19{)
1,605,610 1,605,61{)
3,503,580 288,840 1,592,060 5,384,48{)
114,000 114,00{)
9,849,500 3,613,950 1,338,850 14,802,300
3,837,140 5,653,730 9,490,870
4,985,780 5,150,940 212,750 10,349,47{)
70,735,008 288,840 34,796,110 3,143,660 108,964,618
157,092 0 132,960 50,060 340,112
70,893,100 288,840 34,929,070 3,193,720 109,304,730
Res. No. 55-03
NOTICE OF PUBLIC HEARING
TENTATIVE BUDGET AND PROPOSED MILLAGE RATE
ClT~ OF DELRAY BEACH
OCTOBER 1, 2003 - SEPTEMBER 30, 2004
The City of Delray Beach, Florida will be holding a Public Heating'on the Proposed Budget for 2003-2004 on
'ruesdav. Baotember 9. 2003 at 7:00 PM in the Commission Chambers at City Hall, 100 N.W. Ist Avenue. All
citizens are invited to attend the hearing and may make written or oral comments or ask questions regarding
the budget.
EXHIBIT A
BUDGET SUMMARY
DOWNTOWN SPECIAL
GENERAL DEVELOPMI~'~ ENTERPRISE REVENUE
FUNDS FUND FUNDS FUNDS TOTAL
0 72,{]60 1.710,,500 0 1,782,560
4,044,000 4,044,0~0
4,166,000 4,166,000
2,9'/0,~O 2,970~0
6,641~D 4,180 1 ,~,400 81424,~0
5,7~6,0~0 32,530,910 38247,910
883,500 883~0
2,553,830 7,000 606,480 23,000 3,190,310
2,879,720 68,~00 1,373,820 4,321,540
~0+~31100 216,780 33,218,570 3,193,720 107,522,170
~ 7,169,1~0 7,169,690
~ ~0270,00S 0 39,270,006
Cu~ & Rec~ 9,849.500 3,613.950 1 ,.338,850 14,8{~2~00
'~TN. ~ 70,736,008 288~40 34,796,110 3.143,660 103.~4,618
P~.ves ..~ g 132.960 50.060 340.112
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~) ~ - REGULAR MEETING OF SEPTEMBER 9. 2003
RESOLUTION NO. 56-03 {TENTATIVE MII.IA(~E LEVY IN THE DDA
TAXING DISTRICT)
DATE:
SEPTEMBER 5, 2003
Resolution No. 56-03 tentatively levies a tax in the mount of 1.00 mill on all properties within the
Downtown Development Authority Taxing District of the City of Delray Beach for FY 2004. This
tentative mill.§e exceeds the 0.8697 rolled hack rate calculated under the TRIM law by 14.98%.
A copy of the DDA's Certification of Taxable Value is attached, along with a copy of the DDA
budget for FY 2004.
Recommend approval of Resolution No. 56-03. Final adoption of the DDA tax levy for FY 2004 is
scheduled for September 23, 2003.
RefiAgn~no~.Res56-03.Tentative ~ Levy. DDA.FY 2004
RESOLUTION NO. 56-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON
Al J, PROPERTIES WITHIN THE DOWNTOWN
DEVI~,I,OPMENT AUTHORITY TAXING DISTRICT OF THE
CITY OF D~I,RAY BEACH, FLORIDA, FOR MAINTENANCE
AND OPERATION, AND TO APPROPRIATE SAID
COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOI.!.OWS:
Section 1, That a tax of $1.00 per one thousand dollars ($1,000.00) of assessed
valuation is hereby tentatively levied on all taxable property within the Downtown Development
Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1,
2003, and ending September 30, 2004. There shall be and hereby is appropriated for the purpose of
financing the operation of the Downtown Development Authority Taxing District revenue derived
from said tax for operating and maintenance expenses of the Downtown Development Authority
Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal
year from all other sources other than the tax levy for current bond service and that part of
collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property
for operating purposes within the Downtown Development Authority Taxing District of the City of
Delray Beach is $220,814,501. The tentative operating millage rate of $1.00 per one thousand
dollars ($1,000.00) exceeds the rolled-back rate of $0.8697 per one thousand dollars ($1,000.00) by
14.98%.
Section ~, That the above tentative millage rate is adopted pursuant to Florida
Statutes Section 200.065(2)(e)(2), and subject to adjustment in accordance with Section 200.065(5) of
the Florida Statutes which provides that each affected taxing authority, other than municipalities,
counties, school boards, and water management districts, may adjust its adopted millage rate if the
taxable value within the jurisdiction of the taxing authority as certified pursuant to Section
200.065(1) is at variance by more than three percent 0%) with the taxable value shown on the
assessment roll to be extended.
Section 3. That a public hearing was held on the proposed budget on September 9,
2003.
2OO3.
PASSED AND ADOPfED in regular session on this the 9* day of September,
A'I TEST:
MAYOR
City Clerk
2 RES. NO. 56-03
· SECTION I CERTIFICATE OF TAXABLE VALUE
2003 .Year
PALM BEACH County
(1) Current Year Taxable Value of Real Property for Operating Purposes
(2) Current Year Taxable Value of Personal Property for Operating Puqooses
(3) Current Year Taxable Value of Centrally Assessed for Operating Purposes
(4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3)
(5) Current Year Net New Taxable Value [New Constmf:fion ~- Ad. ditipns + Rehabilitative
Improvements Increasing Assessed Value ByAt Least :100% + Annexations - Delefior~s)"
(6) Current Year Adjusted Taxable Value (4) - (5)
(7) Prior Year Final Gross Taxable Value (From Prior Year Applicable Form DR-403 Series)
I do hereby certify the values shown herein to be correct to the best of m
elgnature at West Palm Beach. FI, , this the
To Delray Beach - D.D.A..
(Name of Tmdng Authority)
$ 220~814,501
0
0
220,8t4 501
3,904,422
216,910,079
188,646.639
hand and official
DR.420
R.01/95
TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TRIM certification
and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter N/A or -0-.
SECTION' II
(8) Prior Year Operating Millage Levy
(9) Prior Year Ad Valorem Proceeds (7) x (8)
(10) current Year Rolled-BaskRate (9) / (6)
(11) Current Year Proposed Operating Millage Rate
$ 1.0000
Per $1.000
$ 188,641
$ 0.8697
$ 1.0000 · Per$1.000
1112) Check one (1) TYPE of Taxing Authority
~ County F---} Municipality ~ Independent
Special District
Dependent
District
r-~ Municipal Service ~ Mulfi-C,4~nty
Taxing Unit ~ Water Management DIS~lct
(13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE.
(14) current Year Millage Levy for VOTED DEBT SERVICE
(15) Current Year O H RV EDMIL GE
[ DEPENDENT SPECIAL DISTRICTS SKIP Ilnea (t6) through (22)1
(16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts
& MSTU'e levying a millage. (The sum of Line (9) from each District's Form DR-420)
(17) Total Prior Year Pmceads: (9) + (16)
(18) The Cumsnt Year A4;Igregate Rolled-back Rate: (17) / (6) '
(19) current Year Aggregate Rolled-back Taxes: (4) x (18)
(20) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal
Tmdng Authority, all Dependent Districts, & MSTU's If any. Une (11) x Line (4)
(21) Current Year Proposed Aggragate Millage Ratei (20) ~(4)
(22) Current Year Proposed Rate as a PERCENT CHANGE OF Rolled-back Rate:
[(Une 21 / Une 18) - 1.00] x 100
S -O-
P~r $1,ooo
$ -0- Per $1,000
$ n/a
$ n/a
$ n/a Per $1,000
$ n/a
~ n/a
· Per $1,000
n/a %
Date, Time and Place of the first Public Budget Hearing: SepCembe= 9: 2003 .' 7 ;00
I do hereby certify the mlll~ges and ~atss shown herein to be correct'to the be~t of my knowl~ge and ~. FURTHER,
I certify that all mlllages comply wllh the provisions of Section 200.071 or 200.081, F.S. WITNESS my h~nd and official
~lure at~ De'l t~e.¥ Beach , Florida, this the_.ff.~ dayof
CiC¥ Hana~zer Same
$ig/~ture and Ufle of Chief Administrative Officer,, Address of Physical Location
100 I~ 1st AvenUe
Mailing Address
.Ioeeoh ti, Safford. Dieeator Of Ftns~pe
Name of Contact Person
Delrav Beach. FL 334~./~ . ~iR1-p/,'i-711r. ~l_o~_v~c6
C4ty State Zip Phone Numbei Fa~ N Ember .....
SEE INSTRUC'noNs ON REVERSE SIDE
~)/~WN~OWN AUTHOR~I~ INCOME,'EXPENDITURE ESTIMATE TO
D?ELOPMENT
, Plan Actual Actual Budget Under/ I Yr End ! Plan
Revenue: 2002/03 June onl) Tor Date Q 6/30/03 (Over) I EstJmate ! 2003/04
Budget
AdVelorum'Taxes 180,065 690 174,215 174,000 (215) I 192,065 ! 209,773
Interest (CD's about $5,500) ~ 6,000 28 413 415 2j ! 6,000 ! 7,000
Ot~er. ravenue 1,829 0 (1,829)!! 1,829
Total Revenue to date t86,065 716 176,457 174,418 (2,042) ! 199,894 I 2t6,773
I I
Downtown Joint Venture 60,000 47,500 45,000 (2,500) ! 62,500 I 50,000
Special ProJects Assistant 31,700 23,775 23,775 0 I 32,700 I 31,700
Equipment & Supply 1,500 56 315 310 (5) I 1,500 ! 1,500
PdntJng & Postages 1,850 1,215 1,350 135 I 1,850 ! 2,000
Renal 2,.400 2,400 2,400 01 t 2,400 ! 2,400,
Bank Charges 150 8 110 1021 ! 150 ! 150
Bookkeeping Fees 800 56 520 650 80 I 800 I 800
Dues, SubscrilYdons & Fees 2,000 1,091 1,100 9 I 2,000 ! 1,000.
External Auditors' Fees 4,500 4,500 . 4,500 0 I 4,500 i 4,500
Insurance 6,335 3,840 4,700 860 ! ! 5,120 ! 6,335
Pmperb/Appmisp. r's Charges 1,858 1,391 1,390 (1) I 1,858 ! 1,949
Travel & Meetings 3,000 28 3,891 3,000 (891) I 3,891 I 5,000
Sub-Totet Oper. I Office Exps 1t6,093 140 90,446 88,235 (2,211) I tt9,269 ! 1t7,334
Chamber & C100 Dues 775 500 778 775 (1) I 778 I 1,000
Downtown Map Sponsorship 17,500 14,530 14,530 0 ! 17,500 ! 17,500
Econ. Develop. Pineapple Grove 5,000 5,000 5,000 0 ! 5~000 ! 5,000
Economic Develop. WARC 5,000 5,000 ! 5,000 ! 5,000
Holiday Tree Expense 15,000 15,000 19,000 0 ! 15,000 ! 15,000
=romo'dons & Grants"** 12,000 10,800 10,800 0 I 12,000 ! 10,000
Reserve Merkeitn9: 57,750 42,750 7,507 ! 57,760 I 60,000
Web Site Development & Exps 2,000 ! I
Travel Host Ma~lazine 2,674 12,507 ! I
Film Book Advertising 2,160 I I
1/2 Xmas/FN Promo Video 1,750 ! I.
FL USA 2003 Media Placement 1,800 9,057 ! I
"How to get here" Inseffs 4,224 I I
First Night & PIGrove Bed Race 3,500 I I
Miscellaneous 45 ! !
Sub Total Market & Pronto. 113,026 4,874 86y340 88~856 7y566 I t13~023 ! 115~560
I !
Reserve.Elannem 15,000 4,000 4,000 ' 0 ' ! · t5,000 I · 5,000
Reserve Clean & Safe 25,000 11,478 11~500 22 I 25,000 I 35,000
Reserve Lights 15,000 16,687 15,000 (1,687) I 20,000 ! 15,000
Reserve Sidestreets 0 ! 0 ~
Reserve Sign System 3,000 4,856 3,000 (1,856) ! 5,000 I I
! 3.000
Sub Total Reeerve Accounts 96,000 0 37,021 33,600 (3,621) ! 65,096 ! ! 56,00~
! I
Total EXpenses to date 287,118 $,1t4 i 213,6t6 210,690 t~774 I 287,285 I 288,834
I !
To! Revenue Over, lUnder) to de (10!,08 ) (4,396} ( ,t78) 1,t04 ! (g? 01) I
Fund~ brought fwd 101t/02 t97,47t. 187,47t t87,47t t00,070
TOtal Funde carried fwd 96.418 160.tt2 t00.070 28.009
-* GmenM~t $1,500/ EPOCH $1.000/ Gadlc Fe~t $1,000/ BaW.~ball Tmnnt $500/T_--__-~_-_~t $_ -~3~_ Clnce da ~ $1,~
MEMORANDUM
TO:
FROM:
SUBJECT:
DAT~:
MAYOR AND CITY COMMISSIONERS
~CITY MANAGER
AGENDA ITEM # \~ - REGULAR MEETING OF SEPTEMBER 9. 2003
ORDINANCE NO. 27°03 (.AMENDING CHAPTER ;t2. "DEPARTMENTS.
BOARDS. AND COMMISSIONS")
SEPTEMBER 5, 2003
This ordinance is b~fore Commission for second reading and public heating mending Chapter 32,
"Depaitments, Boards, and Commissions", of the City Code of Ordinances by enacting Sections
32.45 - 32.50 to create a Neighborhood Advisory Council as an advisory board to the City
Commission.
At the first reading on August 19, 2003, the City Commission approved Ordinance No. 27-03.
Recommend approval of Ordinance No. 27-03 on second and final reading.
&\City Cka'k\agenda rnemo. Onl 27.03.9.9.03.doc
I
TO:
THRU:
FROM:
SUBJECT:
cITY COMMISS!ON DOCUMENTATION
DAVID T. HARDEN, CITY MANAGER
LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT.L~,'~
JANET MEEKS, EDUCATION COORDINATOR/~.~
MEETING OF AUGUST 19, 2003
CONSIDERATION OF AMENDING CHAPTER 32 OF THE CITY OF
DELRAY BEACH CODE OF ORDINANCES ADDING SECTIONS 32.45~
32.46~ 32.47~ 32.48~ 32.49~ AND 32.50 FOR THE ESTABLISHMENT OF
A NEIGHBORHOOD ADVISORY COUNCIL
At its workshop meeting of July 15, 2003, the City Commission discussed the medts
and details of establishing a permanent Neighborhood Advisory Council.
In general, the mission of the Neighborhood Advisory Council would be to develop and
recommend to the City Commission general policies, strategies and programs relating
to the development, preservation, improvement and revitalization of Delray Beach
Neighborhoods on an on-going basis. The main goals of a Neighborhood Advisory
Council would be to help maintain broad-based community involvement with the
residents, create neighborhood outreach initiatives, enhance communication, improve
the aesthetics of the neighborhoods and identify any potential threats to the stability of
the neighborhoods.
The enacting Ordinance for the establishment of the Neighborhood Advisory Council is
now before the City Commission for approval.
By motion, approve on the first reading text amendment to Chapter 32, "Departments,
Boards, and Commissions", of the Code of Ordinances of the City of Delray Beach
Florida, by enacting a new subheading "Neighborhood Advisory Council", and setting a
public hearing date of September 2, 2003.
Attachment:
· Ordinance by Others
ORDINANCE NO. 27-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES
OF THE CITY OF DELI{AY BEACH, BY AMENDING CHAPTER 32,
"DEPARTMENTS, BOARDS AND COMMISSIONS", TO CREATE A
"NEIGHBORHOOD ADVISORY COUNCIL" AS AN ADVISORY BOARD
TO THE CITY COMMISSION; BY ENACTING SECTION 32.45,
"ESTABLISHMENT", SECTION 32.46, "COMPOSITION; APPOINTMENT;
TERMS", SECTION 32.47, "ORGANIZATION", SECTION 32.48,
"QUALIFICIATIONS OF MEMBERS", SECTION 32.49, "DUTIES AND
RESPONSIBILITIES", AND SECTION 32.50, "MEETINGS", PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, recognizes the
importance of quality neighborhoods in the continuing growth, development, and
especially the renaissance of the City; and
WHEREAS, the City Commission has heretofore demonstrated its commitment to
maintain safe and livable neighborhoods through its support of the Strategic Task Team
approach for neighborhood action plans and neighborhood redevelopment plans; and
WHEREAS, the Neighborhood Advisory Council is to be established to help improve the
overall condition and livability of neighborhoods; and
WHEREAS, the Neighborhood Advisory Council will provide assistance to the City
Commission to enhance communication among the neighborhoods and help to identify
issues that may effect the stability of the neighborhoods.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 32 "Departments, Boards, and Commissions", of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to create a
"Neighborhood Advisory Council", by enacting new Sections 32.45, "Establishment",
32.46, "Compositions; Appointment; Terms", 32.47, "Organization", 32.48,
"Qualifications of Members", 32.49, "Duties and Responsibilities" and 32.50, "Meetings",
to read as follows:
NEIGHBORHOOD ADVISORY COUNCIL
Sec. 32.45. ESTABLISHMENT
The Neighborhood Advisory Council of the City of Delray Beach is hereby established
as a permanent advisory body to the City Commission.
Ord. No. 27-03
Sec. 32.46. COMPOSITION; APPOINTMENT; TERMS
The Neighborhood Advisory Council shall be composed of Fifteen (15) regular
members, and two (2) student members. Fifteen (15) regular members shall be
appointed by the City Commission for terms of three (3) years, except that the members
of the first Board to serve shall be appointed so that five (5) members shall serve one
(1) year terms, five (5) members shall serve two (2) year terms and five (5) shall serve a
three (3) year term. Their successors shall be appointed to three (3) year terms. It is
further provided that no member may serve more than two successive terms on this
Council. Two (2) student members shall be appointed by the City Commission for one
(1) year terms. No student member may serve more than two successive terms.
Sec. 32.47. ORGANIZATION
(A) The Neighborhood Advisory Council shall elect a chairperson and vice-
chairperson to preside at its meetings and any other officers as the Board may deem
necessary. The Chairperson shall be the official spokesperson for the Board and the
formal liaison between the established neighborhood associations and the City
Commission.
(B) The Neighborhood Advisory Council shall formulate rUles and regulations for
the conduct of its business.
(C) The Neighborhood Advisory Council shall have technical and logistical
support provided as determined by the City Manager. A staff person shall be
designated as the official City contact with the Neighborhood Advisory Council.
Sec. 32.48. QUALIFICATIONS OF MEMBERS
The Neighborhood Advisory Council membership shall be selected as follows:
a. Twelve (12) residents with two (2) residents selected from each of the six
neighborhood zones.
b. Three (3) at large representatives, may be selected from a community civic
organization or business owner located within a neighborhood zone interested in the
enhancement of its surrounding neighborhoods.
c. Two (2) Student representatives that either reside in the City of Delray Beach
or attend a Delray Beach public or private school.
It is the intent, if possible, that the membership of the Neighborhood Advisory Council
include members who are currently or have previously been active with their
neighborhood association and/or been on their Board of Directors. A member shall be a
resident of Delray Beach for at least two years. If a member of the Neighborhood
Ord. No. 27-03
Advisory Council ceases being a resident of the City of Delray Beach, that member shall
no longer be qualified to serve on the Council.
Sec. 32.49. DUTIES AND RESPONSIBILITIES
The duties and responsibilities of the Neighborhood Advisory Council shall be as
follows:
a. Serve as liaison between the various neighborhood associations and the City
to resolve matters of concern.
b. Serve as a public forum for input on issues relating to neighborhoods.
c. Maintain a continuous public relations effort to improve communications
between the neighborhoods and the City. This effort should include, but not be limited
to, the following:
· Information exchange through the News for Neighborhoods.
· Creation of a neighborhood information Web page that may also contain a
profile of each neighborhood.
· Placement of material in local media through the City's Public Information
Officer.
d. Set up guidelines for the process by which a neighborhood is selected for a
Strategic Task Team Action Plan.
e. Monitor the performance and success of the Strategic Task Team Action
Plans.
f. Create guidelines and criteria for neighborhood grants awards, program
evaluation and effective monitoring of these initiatives.
g. Host the Neighborhood Summit as deemed necessary by the Neighborhood
Advisory Council.
h. Provide comments to the City Commission regarding proposed developments
and the impact they may have on the stability of the neighborhoods.
Sec. 32.50. MEETINGS
(A) The Neighborhood Advisory Council shall meet at least once monthly on a
regular basis, with a regular meeting date of the third Monday of each month, except
when that date falls on a holiday in that circumstance the Council shall establish another
regular meeting date for that month. The Neighborhood Advisory Council may hold
special meetings at the direction of its chairperson upon twenty-four (24) hours notice.
Ord. No. 27-03
(B) All meetings shall be open to the public and the order of business and
procedure to be followed shall be as prescribed within the rules and regulations to be
adopted by the Neighborhood Advisory Council.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND ADOPTED in regular section on second and final reading on this the
day of ., 2003
ATTEST
MAYOR
City Clerk
First Reading.
Second Reading.
Ord. No. 27-03
TO:
THRU:
FROM:
SUBJECT:
D.~VlD 7, HARDEN, C ..I-L-~'Y IVL~I~.~GER
M£ETING OF SI=PTI=MB~R 9, ~'003
PRIVATELY INITIATED SMALL SCALE FUTURE LAND USE
MAP (FLUM)
AMENDMENT FOR ST. VINCENT FERRER CHURCH~ FROM LD (LOW DENSITY
RESIDENTIAL 0-5 DWELLING UNITS PER ACRE) TO CF-C (COMMUNITY
FACILITIES - CHURCH) FOR A 4.13 ACRE PARCEL AND A REZONING FROM R-l-
AA (SINGLE FAMILY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR A
0.795 ACRE PARCEL LOCATED ON THE NORTH SIDE OF NE 6TM STREET~
BETWEEN NE 8TM AVENUE AND PALM TRAIL.
The entire church property (9.8 acres) was zoned R-1AA (Single Family Residential) prior to the
Citywide Rezoning associated with the approval of the Land Development Regulations in 1990. The
zoning and Future Land Use Map designation on the northern half (6.46 acres) of the parcel was
changed to CF (Community Facilities) with the Citywide Rezoning in 1990. The zoning on the
southern half retained its zoning designation of R-l-AA (3.4 acres), as it contained several residential
structures. Since the southern half of the property (Lots 4~8, Replat of Martha's Vineyard) had been
owned and utilized by the church for Community Facility uses since at least the mid 1970's the
appropriateness of the retention of single family zoning R-l-AA was questionable. Therefore, the City
Commission approved a City Initiated Corrective Rezoning from R-1AA to CF on February 16, 1999.
At the time this portion of the property had an underlying Future Land Use Map designation of LD
(Low Density Residential 0-5 du/ac) which was not changed as it was consistent with the proposed
zoning of CF. Subsequently, the Church obtained site plan approval on March 17, 1999, from the Site
Plan Review and Appearance Board (SPRAB) for the construction of a new gymnasium, facilities for
pre-kindergarten children and a new meeting hall on the southern property. These improvements
have been constructed.
The church has acquired three additional lots (0.795 acres) southeast of the current church campus at
the northeast corner of NE 8th Avenue and NE 6th Street. The proposed FLUM Amendment involves
the southern half of the church property which includes the 3.335 acre parcel of land where the new
gymnasium facilities, pre-kindergarten facility and meeting hall exist and the newly acquired 0.795
acre parcel of land. The 0.795 acre parcel is to be rezoned from R-l-AA to CF. The applicant (St.
Vincent Ferrer Church) does not propose a change in use of the property at this time. Additional
background and an analysis of the FLUM amendment and rezoning are provided in the attached
Planning and Zoning Board staff report.
At its meeting of August 18, 2003, the Planning and Zoning Board held a public hearing in conjunction
with the Rezoning and FLUM amendment requests. After reviewing the staff report and discussing
the proposal, the Board unanimously voted 6-0 (Pike absent) to recommend that the requests be
approved, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR
Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the
Comprehensive Plan.
City Commission Documentation
Meeting of September 9, 2003
St, Vincent Ferrer Church - FLUM Amendment and Rezoning
Page 2
By motion, approve the proposed FLUM Amendment from LD (Low Density Residential 0-5 du/ac) to
CF-C (Community Facilities - Church) for a 4.13 acre parcel of land and rezoning from R-l-AA (Single
Family Residenital) to CF (Community Facilities) for a 0.795 acre parcel of land, based on positive
findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning
Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan.
Attachments: P & Z Staff Report of August 18, 2003 & Ordinance by Others
ORDINANCE NO. 28-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DEL1LAY BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS
CONTAINED IN THE COMPREHENSIVE PLAN FROM
LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) TO CF-C
(COMMUNITY FACILITIES-CHURCHES); ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AND REZONING AND PLACING LAND
PRESENTLY ZONED R-I-AA (SINGLE FAMILY
RESIDENTIAL) DISTRICT IN PART AND CF
(COMMUNITY FACILITIES) DISTRICT IN PART TO CF
(COMMUNITY FACILITIES) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED ON THE NORTH
SIDE OF NE 6TM STREET, BETWEEN NE 8TM AVENUE
AND PALM TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTiVE DATE.
WHEREAS, St Vincent Ferret Church, is the fee simple owner of a 4.13 acre parcel of land
located on the north side of NE 6th Street, between NE 8th Avenue and Palm Trail; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use
Map (FLUM) designation of LD (Low Density Residential 0-5 du/ac); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from LD (Low Density Residential 0-5du/ac) to CF-C (Community Facilities-
Churches); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April, 2003, as being zoned R-I-AA (Single Family Residential)
District in part, and CF (Commumty Facilities) District in part; and
WHEREAS, at its meeting of August 18, 2003 the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public heating and voted 6 to 0
to recommend that the property hereinafter described be rezoned, based upon positive f'mdings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Dekay Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Future Land Use Map designation of the subject property is hereby
officially affixed as CF-C (Community Fac'rifles-Churches) for the following described property.
Section 2. That the City of Dekay Beach elects to make this small scale amendment by
having only an adoption heating, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 3. That the Zoning District Map of the City of Dekay Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of CF (Community Facilities) District, for
the following described property:
Lots 1, 2, 3 and 4, less the West 5.0 feet thereof, together with Lots 5, 6, 7 and 8,
Replat of Martha's Vineyard, according to the Plat thereof as recorded in Plat
Book 23, Page 123, of the Public Records of Palm Beach County, Florida, all in
Delray Beach, Florida less the East 5.0 feet of said Lots 5, 6 and 8 and Less that
portion of said Lot 8 described as follows:
Beginning at the southeast comer of said Lot 8; thence westerly along the South
line of said Lot 8, a distance of 125.0 feet; thence making an angle of 90°00'00"
from the previous course through the northeast mn a distance of 2.0 feet; thence
making an angle of 90°00'00'' from the previous course through the southeast nm
125.29 feet to the East line of said Lot 8; thence southerly along the East line of
said Lot 8, a distance of 2.02 feet to the point of beginning.
Section 4. 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 3 hereof.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
2 ORD. NO. 28-03
Section 7. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affkrmmg its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and f'mal reading on this the
day of ., 2003.
ATi'I~ST
MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NO. 28-03
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
August 18, 2003
IV. A.
Future Land Use Map Amendment From LD (Low Density Residential) To CF-C
(Community Facilities-Churches) for a 4.13 Acre Parcel of Land and Rezoning From
R-l-AA (Single Family Residential) To CF (Community Facilities) for a 0.795 Acre
Parcel of Land For St Vincent Ferrer Church (Quasi-Judicial Hearing).
GENE~L DATA:
Owner ........................................ Diocese of Palm Beach
Applicant .................................... Father Skeehan-St. Vincent Fetter Church
Agent ......................................... Digby Bridges, Marsh & Associates, P.A.
Location ..................................... North side of NE 6~ Street, between NE 8th Avenue and Palm Trail.
Property Size ............................. 4.13 Acres (Land Use Designation Request) & 0.795 Acres (Rezoning
Request)
F.L.U.M. Designation .................Community Facilities-Churches & Low Density (0-5 units/acre)
Current Zoning .......................... CF (Community Facilities) ~
Adjacent Zoning ............... North: CF (Community Facilities)
East: R-l-AA (Single Family Residential)
South: R-l-AA
West: R-l-AA (Single Family Residential)
Existing Land Use ....................A church, three single family residences, storage facility for the church
and basketball courts.
Proposed Land Use ................... Future Land Use Map Amendment from LD (Low Density Residential)
To CF-C (Community Facilities-Churches) and Rezoning From R-l-AA
(Single Family Residential) to CF (Community Facilities).
Water Service ............................ Existing on site.
Sewer Service ........................... Existing on site.
IV. A,
The action before the Board is that of making a recommendation to the City
Commission on a privately sponsored Small Scale Future Land Use Map (FLUM)
Amendment from LD (Low Density Residential 0-5 dwelling units per acre) to CF-C
(Community Facilities - Church) for a 4.13 acre parcel and a rezoning from R-l-AA
(Single Family Residential) to CF (Community Facilities) for a 0.795 acre parcel located
on the north side of NE 6th Street, between NE 8t~ Avenue and Palm Trail.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to FLUM and Rezoning Amendments for any property within the City.
The entire church property (9.8 acres) was zoned R-1AA (Single Family Residential)
prior to the Citywide Rezoning associated with the approval of the Land Development
Regulations in 1990. The zoning and Future Land Use Map designation on the northern
half (6.4 acres) of the parcel was changed to CF (Community Facilities) with the
Citywide Rezoning in 1990. The zoning on the southern half retained its zoning
designation of R-l-AA (3.4 acres) as it contained several residential structures. As the
southern half of the property had been owned and utilized by the church for Community
Facility uses since at least the mid 1970's the appropriateness of the retention of single
family zoning R-l-AA is questionable.
On February 16, 1999, the City Commission approved a City Initiated Corrective
Rezoning from R-1AA to CF for this southern half (Lots 4-8, Replat of Martha's
Vineyard). At the time this portion of the property had an underlying Land Use
designation of LD (Low Density Residential 0-5 du/ac) designation which was not
changed as it was found to be consistent with the proposed zoning of CF.
Subsequently, the Church obtained site plan approval on March 17, 1999, from the Site
Plan Review and Appearance Board (SPRAB) for the construction of a new gymnasium,
facilities for pre-kindergarten children and a new meeting hall on the southern property.
These improvements have been constructed.
The church has subsequently acquired three additional lots southeast of the current
church campus. The proposed FLUM Amendment involves the southern half of the
church property which includes the 3.335 acre parcel of land where the new gymnasium
facilities, pre-kindergarten facility and meeting hall exists and the newly acquired 0.795
acre parcel of land at the northeast corner of NE 8th Avenue and NE 6th Street. The
0.795 acre parcel (3 lots) is also subject to the proposed Rezoning from R-l-AA to CF.
The applicant (St. Vincent Ferrer Church) does not propose a change in use of the
property at this time.
Planning and Zoning Board S; ~eport
St. Vincent's Ferrer Church - FLUM Amendment and Rezoning
Page 2
REQUIRED FINDINGS: (Chapter 3)
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.
While the current LD (Low Density Residential 0-5 du/ac) FLUM designation is
consistent with the existing CF and R-l-AA zoning districts, the proposed CF FLUM
designation will allow overall consistency with the balance of the Church property. The
proposed zoning change from R-l-AA (Single Family Residential) to CF (Community
Facilities) for the throe rosidential structures will be consistent with the proposed CF-C
FLUM designation as they aro being utilized by the Church. Churches and their
accessory uses aro allowed as Conditional Uses in the R-l-AA zoning district.
However, the existing rosidential, school and gymnasium uses aro allowed as a
permitted use accessory to the Church in the CF zoning district. Rezoning to CF is
more appropriate given the similar designations on the balance of the property. The CF
(Community Facilities) zoning district is consistent with the proposed CF-C (Community
Facilities - Church) Futuro Land Use Map designation.
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
(FLUM) must be based upon the findings listed below, and must be supported by
data and analysis that demonstrate compliance with these findings:
Demonstrated Need -. That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, annexation into the municipal
boundaries, or similar circumstances. The need must be supported by data
and analysis verifying the changing demographics or other circumstances.
This requirement shall not apply to requests for the FLUM designations of
Conservation or Recreation and Open Space; nor shall it apply to FLUM
changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
Planning and Zoning Board S~, ~eport
St. Vincent's Ferrer Church - FLUM Amendment and Rezoning
Page 3
The proposal involves a privately initiated FLUM designation change from LD (Low
Density Residential 0-5 du/ac). As stated earlier, the proposed CF~C FLUM
designation allows overall consistency of the existing 3.335 acre parcel which
currently contains the gymnasium, pre-kindergarten facility and meeting hall with the
balance of the Church property. The 0.795 acre parcel of land, located at the
northeast corner of NE
8th Avenue and NE 6th Street, which contains three single
family residences, is owned by the Church. The Church currently occupies the
entire block and therefore it seems more appropriate for these parcels to be
incorporated into the Church campus given their use and location, immediately
adjacent to the Church. While the applicant has indicated that teachers and staff of
the Church reside on this property the future development potential or church uses
will be allowed as a permitted use rather than a conditional use required under the
current R-l-AA zoning designation.
The St. Vincent's Ferrer Church campus exists to the north of the subject property,
and functions with the subject property as an overall campus. To the west, south
and east, single family residential exists within the R-l-AA zoning district, which
have a LD FLUM designation. Given the existing character and FLUM designations
of the surrounding area the proposed CF-C designation is the most appropriate for
the subject property as it will allow consistency for the balance of the Church
property and therefore is consistent with this Policy of the Comprehensive Plan.
CI Consistency -- The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
The following are the applicable objective is noted:
Future Land Use Element Objective A-l: Property shall be developed or
redeveloped in a manner so that the future use and intensib~ is appropriate in
terms of soil, topographic, and other applicable physical considerations, is
complementary to adjacent uses, and fulfills remaining land use needs.
The subject 3.335 acre property does not have any unique environmental
characteristics that would prohibit development of the site or require mitigation
measures. However, the 0.795 acre parcel, which contains three single family homes
and is located immediately west of the Church campus, currently has a LD (Low Density
Residential 0-5 du/ac) FIUM designation and is within the R-l-AA zoning district. While
it is noted that churches are allowed as conditional uses within the R~I-AA zoning
district, they are allowed as permitted uses within the CF zoning district. Therefore, the
proposed changes will allow uses which are currently conditional uses to be permitted
uses under the CF FLUM and zoning designations. The net result of this change would
be to allow development of church uses under less restrictive land use control (i.e. not
require conditional use approval). That said, future development of these parcels can
be done in a manner which would be complementary to adjacent uses through the
resulting site plan review requirements.
Planning and Zoning Board S' ~eport
St. Vincent's Ferrer Church - FLUM Amendment and Rezoning
Page 4
The FLUM amendment to CF-C and zoning to CF will ensure overall consistency with
the balance of the Church property, which is complementary to the adjacent residential
homes to the east, west and south and to the most part existed this way for many years.
Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
In the preparation of the Delray Beach Comprehensive Plan, the land use designations
throughout the entire planning and service area were considered with respect to the
overall land use pattern, assessment of level of service, the provision of services, and
meeting remaining land use needs. The existing use of the property includes residential
and school functions associated with the Church. The existing LD FLUM designation is
consistent with both the R-l-AA and CF zoning designations. The intensities of the
uses allowed under the CF zoning district can be greater than those developable under
residential zoning districts. However, churches are allowed as conditional uses in
residential districts. Conditional uses are usually approved subject to the provision of
appropriate mitigation of any impacts on adjacent properties. Within the CF zoning
district the church use will become a permitted use.
There are no concerns meeting Level of Service standards relating to traffic, drainage,
water and sewer, solid waste. Drainage can be accommodated on site via an
exfiltration system. City facilities, such as water and sewer have sufficient capacity to
handle development under the CF-C FLUM and CF zoning designations. Similarly, solid
waste can be accommodated by existing County facilities and the development potential
should have no impacts relating to schools or parks. It is anticipated that concurrency
levels associated with future development of these parcels can be met. Thus, positive
findings can be made at this time with regard to concurrency for all services and
facilities.
r~ Compliance -- Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
Future redevelopment of the 3.335 acre and 0.795 acre parcels of land will occur in
accordance with the City's Land Development Regulations and subject to the site plan
review process. It is anticipated that there should be no problems complying with the
Land Development Regulations.
As previously stated, the zoning involves three parcels of land which total 0.795 acres,
which were recently acquired by the Church. These parcels contain three single family
homes which are occupied by Church staff and teachers. The proposed City zoning
designation for these parcels is CF (Community Facilities) while the current zoning
designation is R-l-AA (Single Family Residential). The zoning designations of the
surrounding properties are identified in the Future Land Use Map Amendment Analysis
section of this report.
Planning and Zoning Board S ~eport
St. Vincent's Ferrer Church - FLUM Amendment and Rezoning
Page 5
Section 3.2.2 (Standards for Rezonin.q Actions): Standards B, C and E are not
applicable. The applicable performance standards of Section 3.2.2 are as follows:
(A)
The most restrictive residential zoning district that is applicable given
existing development patterns and typical lot sizes shall be applied to
those areas identified as "stable" and "stabilization" on the Residential
Neighborhood Categorization Map. Requests for rezonings to a different
zoning designation, other than Community Facilities, Open Space, Open
Space and Recreation, or Conservation shall be denied.
The property is located within the area identified as "stable" on the Residential
Neighborhood Categorization Map. The development pattern of this existing
neighborhood is such that properties have been primarily developed as single
family residences (R-l-AA zoning) with the exception of the St. Vincent's Ferrer
Church. The three single family homes located on the 0.795 acre parcel of land
are located immediately west of the Church within the block occupied by the
Church. The residences have been utilized as homes by Church staff and
teachers. Given the use and the desire to incorporate the residences into the
church campus, and the fact that a CF zoning designation is proposed,
consistency with this standard can be made.
(D)
That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed;
or that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The following zoning designations and uses border the property:
Direction Zoning Uses
North CF
West R-l-AA
South R-l-AA
East R-l-AA
Existing St. ¥incent's Ferrer Church
Single Family Residences
Single Family Residences
Single Family Residences
The proposed rezoning is compatible with the adjacent land uses and consistent
with the development pattern of the existing Church. The proposed zoning will
allow the Community Facility use of a church. Churches are currently allowed as
conditional uses within the existing zoning category of R-l-AA. Conditional uses
are usually approved with appropriate mitigation of any impacts on adjacent
properties. As no negative impacts on adjacent properties are expected, this use
is compatible under both the existing and proposed zoning categories.
Section 2.4.5(D)(5) (Rezonin.cl Findin.cls):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter
Three, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
Planning and Zoning Board S' ~,eport
St. Vincent's Ferrer Church - FLUM Amendment and Rezoning
Page 6
That the zoning had previously been changed, or was originally
established, in error;
b=
That there has been a change in circumstances which make the current
zoning inappropriate;
C=
That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property based
upon circumstances particular to the site and/or neighborhood.
As noted previously, the development pattem within the surrounding neighborhood has
been established such that the properties are mainly single family residences. The
existing LD FLUM designation is consistent with both the existing R-l-AA and proposed
CF zoning designations. The intensities of the uses allowed under the CF zoning
district can be considered greater than residential zoning districts, as chumhes are
allowed as permitted uses in the CF zoning district and conditional uses in residential
districts. There are appropriate and sufficient regulations in place to mitigate potential
negative impacts on the surrounding area which can be applied through the site plan
review process should future development occur of these three parcels. As no negative
impacts on adjacent properties are expected, this use can be considered compatible
under both the existing and proposed zoning categories. Additionally, the proposed
rezoning will allow overall consistency with the balance of the Church property, which is
complementary to the adjacent residential homes to the east, west and south and has
existed this way for several years. Therefore, a finding can be made the rezoning fulfills
subsection "c."
The property is not in an area that requires review by the CRA (Community
Redevelopment Area) or the DDA (Downtown Development Authority).
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support or objection, if any, will be presented at the
Planning and Zoning Board meeting.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
· Palm Trail
· Presidents Council
· PROD
Planning and Zoning Board ,c Report
St. Vincent's Ferrer Church - I-LUM Amendment and Rezoning
Page 7
The Future Land Use Map (FLUM) Amendment from LD (Low Density Residential 0-5
du/ac) to CF-C (Community Facilities - Church) for a 4.13 acres parcel of land and
rezoning from R-l-AA (Single Family Residenital) to CF (Community Facilities) for a
0.795 acre parcel of land located on the north side of NE 6th Street between NE 8th
Avenue and Palm Trail, is consistent with respect to Future Land Use Element Policy
A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1
(Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals,
Objectives, and Policies of the Comprehensive Plan. The CF-C FLUM and CF zoning
designations are more appropriate given the subject property's existing uses associated
with the St. Vincent's Ferrer Church, and will enable consistency with the balance of the
property.
Continue with direction.
Recommend to the City Commission approval of the FLUM Amendment and
Rezoning for the subject property, based on positive findings with respect to
Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR
Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the
Comprehensive Plan; or
Recommend to the City Commission denial of the FLUM Amendment and
Rezoning based on a failure to make positive findings with Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Section 2.4.5(D)(5) (Rezoning Findings) and Section 3.1.1 (Required
Findings) of the Land Development Regulations, with the basis stated.
Recommend to the City Commission approval of the proposed FLUM Amendment from
LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities - Church) for a
4.13 acre parcel of land and rezoning from R-l-AA (Single Family Residenital) to CF
(Community Facilities) for a 0.795 acre parcel of land, based on positive findings with
respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5)
(Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive
Plan.
Report prepared by: Michelle Hoyland, Senior Planner
Attachments:
· Proposed Future Land Use Map
· Zoning Map
· Survey
· VINCENT'S
CHURCH
-- FLUM AMENDMENT -
FROM: LD (LOW
DENSITY RESIDENTIAL,
0-5 UNITS/ACRE)
TO~: CF-C (COMMUNITY
FAC/LIT~ES -
CHURCHES)
840 G. BUSH BLVD.
CHURCH PROPERT~f BOUNDARIES
SUPPLEMENTAL INFOPJ~A TION
PCN~: SEE OFFICIAJ.. SURVEY
APPROXIMATE ACREAGE: 4,13
CURRENT ZONING: CF
(COMMUNITY FACILITIES} &
S
3RD
CF
SAI
· VINCENT'$
CHURCH
-- REZONING -
FROM: R- 1-AA (SINGLE
FAMILY RESIDENTIAL)
TO: CF (COMMUNITY
FACILITIES)
840 G. BUSH BLVD.
PCN~: SEE OFFICIAL SURVEY
APPROXIMATE ACREAGE: 4.13
FLUM: CF-C COMMUNITY
FACILITIES - CHURCHES) & LO
(LOW DENSITY RESIDENTIAL, {~5
UNITS/ACR~)
EXISTING LAND USAGE: CHURCH
AND RESIDENTIAL
WITHIN
TRAFFIC ANALYSIS ZONE; #523
S
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: fi~r/CITY MANAGER
SUBJECT: AGENDA ITEM # J2~:~ - REGULAR MEETING OF SEPTEMBER 9. 2003
ORDINANCE NO. 29-03 ADOPTING AND ENACTING A NEW CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH
DATE:
SEPTEMBER 5, 2003
This is first reading for Ordinance No. 29-03 adopting and enacting a new Code of Ordinances of the
City of Dekay Beach, Florida.
At the regular City Commission meeting of May 7, 2002, Commission approved a contract with
Municipal Code Corporation for the reprint and codification of the City Code of Ordinances. The
result of that contract award is a new Code Book published by Municipal Code Corporation
consisting of Chapters 10 through Chapter 152 each inclusive. All ordinances of a general and
permanent nature enacted on or before June 4, 2002, and not included in the Code or recognized and
continued in force by reference are repealed.
In addition, the City Code Book is available on the intemet at www.municode.com or from the City
Web Page.
At this time, Commission is requested to adopt and enact a new Code of Ordinances of the City of
Delray Beach as reprinted and codified by Municipal Code Corporation.
Recommend approval of Ordinance No. 29-03 on first reading. If passed, a public hearing will be
scheduled for September 23, 2003.
S\City Clerk\agenda memos\Ord 29-03 Adopting New Code
ORDINANCE NO. 29-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA ADOPTING AND
ENACTING A NEW CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA; PROVIDING FOR
THE REPEAL OF CERTAIN ORDINANCES NOT
INCLUDED THEREIN; PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES; AND
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section I. That this Code, entitled "City of Delray Beach Code of Ordinances",
published by Municipal Code Corporation consisting of Chapters 10 through Chapter 152, each
inclusive, is adopted.
Section 2. That all ordinances of a general and permanent nature enacted on or before
June 4, 2002, and not included in the Code or recognized and continued in force by reference
therein, are repealed.
Section 3. That the repeal provided for in Section 2 hereof shall not be construed to
revive any ordinance or part thereof that has been repealed by subsequent ordinance that is repealed
by this ordinance.
Section 4. The penalty provided by Section 10.99, entitled "General Penalty", unless
another penalty is expressly provided, shall apply to the amendment of any Code section, whether or
not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed
above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and
revocation of licenses or permits.
Section 5. That additions or amendments to the Code shall be deemed to be
incorporated in the Code, so the reference to the Code includes the additions and amendments.
Section 6. That ordinances adopted after June 4, 2002, that amend or refer m
ordinances that have been codified in the Code, or that refer to sections of the Code of Ordinances
of the City of Delray Beach, shall be construed as if they amend or refer to like provisions of the
Code.
Section 7. That this ordinance shall become effective immediately upon its
passage on second and' final reading.
of
PASSED AND ADOPTED m regular session on second and final reading on this
,2003.
A'I'I'EfST:
MAYOR
CITY CLERK
First Reading
Second Reading
2 ORD. NO. 29-03
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: fl)~CITY MANAGER
SUBJECT: AGENDA ITEM # I'~. REGULAR MEETING OF SEPTEMBER 9. 2003
ORDINANCE NO. 30-03 (AMENDING CHAPTER $1 "GARBAGE AND
TRASH")
DATE:
SEPTEMBER 5, 2003
This ordinance is before the City Commission to amend Chapter 51 "Garbage and Trash" of the
Code of Ordinances by modifying Section 51.70, "Regnlur Charges Levied" in accordance with the
awarded contract to Browning Ferris Industries, Inc. (BF1); garbage, recycling, yard trash, bulk trash,
and commercial container fees are being amended. Waste collection charges are being increased by
2.2%. These rates go into effect October 1, 2003.
Recommend approval of Ordinance No. 30-03 on first reading. If passed, a public hearing will be
scheduled for September 23, 2003.
ORDINANCE NO. 30-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, AMENDING
CHAPTER 51, "GARBAGE AND TtLASH", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 51.70, "REGULAR CHARGES
LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL
AND COMMERCIAL COLLECTION SERVICE RATES FOR
FY 2004; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission finds it necessary and appropriate to increase the
collection rotes for sanitation services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DI~J.RAy BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Tide V, "Public Works", Chapter 51, "Garbage and Trash", Section
51.70, "Regnl,r Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended to read as follows:
Section 51.70 REGULAR CHARGES LEVIED.
The following service charges or fees are levied for collection service:
Charges for the below-described collection service shall be as follows and shall
commence when a certificate of occupancy is issued for any residential or commercial units, and
shall continue monthly thereafter unless serdce is discontinued m accordance with Sec. 51.73:
(A) Residential Service (Single Family Homes, Duplexes, Triplexes,
Quadplexes and Mobile Homes)
Curbside Rollout Carts
Monthly Sen'ice
Cost Per Unit
Garbage Collection $ 2.~9 2.7,5
Recycling 1.47 1.50
Yard Trash l.g$ 1.92
Total Fees - Contractor $ .... 6.17
Cart Replacement v..vn nn 0.90
Admim'strativ ~ ~ 0 35
Franchise Fees (50/0) -~n ~ 0.31
Total Fees $ 7.4? 7.73
Rear-door Owner Container
Monthly Service
Cost Pet Unit
Garbage Collection $ g.53 9.72
Recycling ~ 1.50
Yard Trash l.gg 1.92
Total Fees - Contractor e~ ~ oo 12.14
Adminiswative Fee
Franchise Fee (50/0)
0 35
0.61
Total Fees ~o oo 13.10
Cu~bside Disposable Bags With Vegetative Waste and Bulk Trash Pickup
Monthly Service
Cost Pet Unit
Garbage/Trash Collection $1.73 1.77
Recycling 1.47 1.50
Yard Trash I.~%° 1.92
Total Fees - Contractor $ 5.0g ~5.19
Administrative Fee
Fnmchise Fee (5%)
0.35 0.35
^ oe 0.26
Total Fees $ 5.~8 5.80
(B) Multi-F~mily Service
Multiple-family dwelling units containing five (5) units or more shall use
containers emptied by mechanical means, except as otherwise approved by the City because of lack
of suitable space for a mechanical container or other good reason. Multiple-family monthly fees
shall be based on a per unit charge. These monthly rates assume two (2) pick ups per week. If the
amount of refuse generated requires more than two (2) pick ups per week, then the third (3rd) and
2 Ordinance No. 30-03
all subsequent collections shall be charged by the Contractor at the commercial collection rate only.
Collection & Ha,ding Rate Per Unit
Monthly Service
Monthly Cost Per Unit
Refuse Collection ~ .... $2.07
cychag 0 88
Total Per Unit Fee-Contractor
$ .... 2.95
Administrative Fee
Franchise Fee (50/0)
Total Monthly Fees Per Unit
$ .... $3.45
(C) Commercial Service
(1) Commercial customers shall use mechanical containers or rollout carts.
Commercial customers shall include all customers other than residential or multi-family customers.
Commercial customers may use any of the following containers for accumulation of refuse:
(a) Rollout carts. The City shall require any commercial customer needing
more than six (6) rollout carts to use mechanical containers, if feasible.
(b) Mechanical containers.
(2) The owners/operators of commercial establishments and other commercial
customers shall accumulate such refuse in those locations mutually agreed upon by the
owner/operator and the City or its contractor, and which are convenient for collection by the City
or its contractor.
(3) Containers emptied by mechanical means shall be provided by the City or its
contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer
and the City or its contxactor, but not less than one day a week nor more than seven days a week.
(4) Commercial customers needing six (6) or less rollout carts, and those approved
for this type of service by the City in advance because they lack a suitable location for a mechanical
container shall be serviced at least once per week. All garbage and commercial trash shall be
collected from such refuse containers at locations agreed to between the City or its contractor and
the customer. The charge shall be based upon the following schedule:
3 Ordinance No. 30-03
Container Size
2 yd
Collection
Disposal
Commercial Rates (Monthly)
Container Pickup Frequency (Per Week)
1 2 3 4 5 6 7
..... $ ..... $ ..... $ ~,~.99 $ ?.99 $ ..... 7.5.99
11.24 22.48 33.73 44.96 56.21 67.4°t 78.68
16.28 32.56 48.84 65.12 81.40 97.68 113.97
Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40
Total Contractor Fees $ ar. r.o $ ,a nz e~ n~ ~a aa ~o e~ $, =~ no $, o~ n,
46.92 74.44 101.97 129.48 157.01 184.52
Franchise Fees (50/0)
:~.3~ 3.72 5.10 6.47 7.85 9.23
Total Fees
$4-9~ $ 77.56 ..,n~c ~n $-134~ ..,,c~ co *.,no
49.27 78.16 107.07 135.95 164.86 193.75
19.40
212.05
10.60
222.65
3 yd
Collection
$1,5.50 $ ..... $ a. 9A9 $ ,55.99 $
16.86 33.73 50.58 67.44 84.30 101.17
118.02
Disposal 24.42 48.84 73.26 97.68 122.11 146.53 170.95
Container
Maintenance Fee 21.44 21.44 21.44 21.44 21.44 21.44 21.44
4 Ordinance No. 30-03
Total Contractor Fees
Franchise Fees (50/0)
Total Fees
62.72 104.01 145.28 186.56 227.85 269.14
3.14 5.20 7.26 9.33 11.39 13.46
65.86 109.21 152.54 195.89 239.24 282.60
310.41
15.52
325.93
4 yd
Collection
Disposal
Container
Maintenance Fee
Total Contractor Fees
Franchise Fees (5%)
Total Fees
22.00 $ Ig.99 $ 65.99 $ ..... ~ ...... $ ......
22.48 44.96 67.44 89.93 112.40 134.88
32.56 65.12 97.68 130.25 162.81 195.37
22.21 22.21 22.21 22.21 22.21 22.21
77.25 132.29 187.33 242.39 297.42 352.46
3.86 6.61 9.37 12.12 14.87 17.62
81.11 138.90 196.70 255.51 312.29 370.08
157.36
227.93
22.21
191.11
407.50
20.38
427.88
6 yd
Collection
Disposal
Container
Maintenance Fee
33.73 67.44 101.17 134.88 168.61 202.33
48.84 97.68 146.53 195.37 244.21 293.05
25.53 25.53 25.53 25.53 25.53 25.53
236.05
341.90
25.53
5 Ordinance No. 30-03
Total Contractor Fees
Franchise Fees (5O/o)
Total Fees
8yd
Co~ecfion
Disposal
Container
Maintenance Fee
Total Contractor Fees
Franchise Fees (5%)
Total Fees
108.10 190.65 273.23 355.78 438.35 520.94 603.48
5.41 9.53 13.66 17.79 21.92 26.05 30.17
113.51 200.18 286.89 373.57 460.27 546.96 633.65
44.96 89.95 134.88 179.84 224.80 269.77 314.72
65.12 130.25 195.37 260.49 325.62 390.74 455.86
27.09 27.09 27.09 27.09 27.09 27.09
137.17 247.27 357.34 467.42 577.51 687.60
27.09
797.67
t o4 12 27 17 72 ~a ~o ~o ta 'M~09 an :e
6.86 12.36 17.87 23.37 28.88 34.38 39.88
~ °~"' ~ *~" ~ $48(m~ $601.30 $:7-1&88- 8Ja0~8
144.03 259.63 375.21 490.79 606.39 721.98 837.55
6 Ordinance No. 30-03
2 yd
Commercial Front-Load Compacting Containers
I 2 3 4
Collection
Disposal
Total Contractor Fee
Franchise Fee (5O/o)
Total Fees
$17.~.5
17.54
61.Q~
78.62
3.93
$82.55
3 yd
CoHection
Disposal
Total Contractor Fee
Franchise Fee (5%)
Total Fees
52.61
183.19
235.80
11.79
247.59
5 yd
Collection
Disposal
Total Contractor Fees
Franchise Fees (5%)
Total Fees
43.83
152.62
196.45
9.82
206.27
~12g.~9
131.52
457.91
~9.43
29.47
618.90
6 yd
Collection
Disposal
210.41
732.64
7 Ordinance No. 30-03
Total Contractor Fees
Franchise Fees (5O/o)
Total Fees
943.05
47.15
990.20
Commercial/Multi-Family Rolloff Containem:
Open-top rolloff container
~9~,.~,9 96.57 per pickup plus disposal cost
Compactors
~?..~.9 96.57 per pickup plus disposal cost;
PLUS monthly container rental
15 Yard $250.00
20 Yard 295.00
30 Yard 345.00
40 Yard 395.00
Excludes commercial recycling containers and construction/demolition debris.
Commercial 95-Gallon Cart Service
Pickups
Per Week Collection Disposal Container Monthly Charge
1 $ 2.69 2.75 $ 8.14 $2.00 $12.S3 12.89
_2 529 5.51 16.28 2.00 ~~.v°~ r~-~, 23.79
3 g.0g 8.26 24.42 2.00 ?,50 34.68
4 10.77 11.00 32.56 2.00 ~.5.3~ 45.56
5 Ig.~.7 1~.7~ 40.70 2.00 5.5.17 56.46
6 I.5.1.516.25 48.84 2.00 ,57.00 67.09
Fr. Fees
$ .... 0.64
1.18 1.19
1.73 1.73
2.27 2.28
2.81 2.82
~ ~= 3 35
Total Fees
$ ..... 13.53
o~ o~ 2498
a~ '~ 36 41
~'* ~ 47 84
~o no 59 28
~ 7044
8 Ordinance No. 30-03
NOTE: The foregoing rates are based on $28.00 per ton ($1.88 per cubic yard), which is the
anticipated Solid Waste Authority tipping fee to be effective October 1, 2002 2003.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That this ordinance shall become effective on October I, 2003.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2003.
MAYOR
AWl'EST:
City Clerk
First Reading
Second Reading
9 Ordinance No. 30-03
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # ~D. REGULAR MEETING OF SEPTEMBER 9, 200~
ORDINANCE NO. 31-03 (AMENDING CHAPTER 53 "SANITARY
SEWERS")
DATE:
SEPTEMBER 5, 2003
This ordinance is before Commission for first reading to amend Chapter 53 "Sanitary Sewers", of the
Code of Ordinances by modifying Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation
of Sewer Surcharge" to provide for an increase of .09 cents per 1,000 gallons for treatment costs.
This increase is from the South County Regional Wastewater Treatment and Disposal Board
(SCRWTD). These new rates go into effect on October 1, 2003.
Recommend approval of Ordinance No. 31-03 on first reading.
S:\City Clerk\agenda memos. Ord 31.03.Sewerlncrease.9.9.03.doc
[lTV OF DELRFIV BEFI[H
CITY ATTORNEY'S OFFICE 200 Nw ,s, ^VENUE-DELRAY.EACH, FLO.,DA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY B~ACH
DATE:
TO:
FROM:
SUBJECT:
Writer's Direct Line: 561/243-7091
MEMORANDUM
August 29, 2003
David Harden, City Manager
Dick Hasko, Director of Environmental Services
Joe Safford, Finance Director
Barbara Schooler, Utilities Customer Service Manager
Susan A. Ruby, City Attorney
F.S. 180.136 - Notice Requirements
Fla. Stat. 180.136 provides: "Before the City increases any rate, charge or fee for
water or sewer utility service, the utility must provide notice of the proposed
increase to each customer of the utility through the utility's billing process. The
notice shall state the date, time and place of the meeting of the governing board of
the local government at which the rate increase will be considered".
The notice requirement applies to the sewer rate increases per Ordinance 31-03
under consideration for first reading September 9, 2003.
ORDINANCE NO. 31-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53,
"SANITARY SEWERS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SECTION
53.130, "USER CHARGES; WHOLESALE SEWER RATES;
CALCULATION OF SEWER SURCHARGE", SUBSECTION
53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL
AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY
2004; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, to provide for accurate accounting of services, the City Commission
desires to more accurately reflect the payment for services provided for the rendition of sewer
services on a prorated basis.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DRI .RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Pubhc Works", Chapter 53, "Sanitary Sewers", Section
53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", subsection
53.130(D), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
(D) The following rates and charges shall be collected from the users of the City
sewerage system:
(1) Residential dwelling units. A monthly sanitary sewer service
charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to
which sanitary sewage service is available through the facilities afforded by the municipally-owned
sewerage system, according to the following schedule:
Residential
Inside City Outside City
(a)Capacity charge
(per residential
dwelling unit):
10.95 13.69
Residential
Inside City Outside City
(b)Commodity charge
(based on metered
water with maximum
of 12,000 gallons):
1.33 1.66
(c) South Central
Regional Wastewater
Treatment and
Disposal Board
(per 1,000 gallons)
nna 082 nn~ 100
NOTES: Where no water service is provided and the user is connected to the sanitary sewer
system, the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition
to the capacity charges as set forth above.
Where no water sexvice is provided and the user is not connected to the sanitary
sewer system, and sewer service is available for connection, there will be a capacity charge as set
forth above.
(2) Nonresidential/commercial units. A monthly sanitary sewer
service charge is imposed upon each commercial and notLresidential unit to which sanitary sewage
service is available through the facilities afforded by the municipally-owned sewerage system,
according to the following schedule:
Nonresidential/Commercial Inside City Outside City
(a)Capacity charge
(per meter):
3/4-'tach meter $10.95 $ 13.69
-inch meter 18.28 22.85
-1/2 inch meter 36.42 45.53
2-inch meter 58.29 72.89
3~mch meter 127.62 159.53
4~mch meter 229.64 287.05
6-inch meter 510.37 637.96
2 ORD. NO. 31-03
8-inch meter
lO-inch meter
(b)Commodity charge:
City (per 1,000
gallons)
(c) South Central
Regional Wastewater
Treatment and
[Y~sposal Board '
(per 1,000 gallons)
875.60 1,094.50
1,386.41 1,733.01
1.33 1.66
082 ,~m 100
NOTE (1): For those nonresidential/commercial units where water service is not available, and the
user is connected to the sanitary sewer system or sewer service is available the capacity charge will be
set forth above. The commodity charge shall be based on the average usage for the type of business
or nonresidential use.
(3) Sewerage flow determination. The n-tuber of gallons of monthly
sewerage flow for residential and nonresidential/commercial un/ts shall be based upon the water
usage for those units as indicated by a water meter, unless a customer installs at no cost to the City a
separate meter to measure the actual sewerage flow from the subject unit. A separate meter may be
used to measure actual sewerage flow for the calculation of charges only when the location,
installation, and type of meter have been approved by the City Manager or his designee.
(4) When effective. The initial rates for charges shall be effective the
first day of the month following the date when the system is constructed, certified for use by the
consulting engineer, and accepted by the City.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent j~fisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
3 ORD. NO. 31-03
the
Section 4. That this ordinance shall become effective on October 1, 2003.
PASSED AND ADOPTED in regular session on second and final reading on this
day of ., 2003.
A'I'I'PSST:
MAYOR
City Clerk
First Reading
Second Reading
4 ORD. NO. 31-03
[lTV OF DELRrI¥ BErI[H
CITY ATTORNEY'S OFFICE ~oomw,~,~.~....~.^~..^~.,.~o.,.^~.~
TELEPHONE 561/243 7090 · FACSIMILE 561/278-4755
DELRAY BEACH
TO:
FROM:
SUBJECT:
Wdter's Direct Line: 561/243-7091
MEMORANDUM
August 29, 2003
City Commission
David Harden, City Manager
Susan A. Ruby, City Attorney
Ordinance No. 36-03 - Revisions to General Employee Pension Plan
Ordinance No. 36-03 revises the contribution requirement for employees
previously paying zero to 2% of their basic compensation.
Please place this item on the September 9, 2003 agenda for first reading.
SA
Cc arito, City Clerk
Joe Safford, Finance Director
Sherry Muehlberg, Administrative Manager
James W. Linn, Esq.
James Tabeek, Fire Inspector Lt.
/2F
ORDINANCE NO. 36-03
AN ORDINANCE OF THE CITY COMMISSION OF TIE CITY OF
DELRAY BEACH FLORIDA, AMENDING CHAPTER 35,
"EMPLOYEE POLICIES AND BENEFITS", SUBHEADING
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH BY AMENDING SECTION 35.095,
"CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION
35.095(A), "PARTICIPANT'S CONTRIBUTION ACCOUNT", TO
PROVIDE FOR CHANGES TO CERTAIN PARTICIPANT
CONTRIBUTIONS; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to amend the
employee contributions under the General Employees Retirement Plan.
NOW THEREFORE, BE IT ORDAINED BY TIE CITY COMMISSION OF THE CITY
OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading,
"Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 35.095, "Contributions of Participant and City", Subsection 35.095(A),
"Participants contribution account" to read as follows:
Section 35.095 CONTRIBUTIONS OF PARTICIPANT AND CITY.
(A) Participant's contribution account.
(1) For the purpose of this section "PARTICIPANT'S CONTRIBUTION
ACCOUNT" will consist of tax deferred participant contributions. Effective the first pay period
beginning on or after October 1, 1989, employee contributions will be picked up by the City and
shall be treated as employer contributions for tax purposes. However, for all purposes of
determining benefits under the plan, they will be considered participant contributions.
(2) Each participant will contribute toward the cost of the plan an amount equal
to three pement (3%) of the first $4,800 of his basic annual compensation, and six percent (6%)
of basic annual compensation in excess of $4,800 until the beginning of the first pay period after
September 25, 1984. Beginning with the first pay period after September 25, 1984, each
participant will contribute toward the cost of the plan an amount equal to six percent (6%) of basic
compensation. Effective as of the first pay period beginning on or after October 1, 1989,
participant contributions will be equal to four and one-half percent (4.5%) of basic compensation
on a tax-deferred basis. Beginning with the first pay pedod after September 1, 1999, participants
shall not be required to contribute to the plan, except those participants described in paragraph
(4) of this Section. BeRinnin.q with the first pay period after September 30, 2003, participants who
are not included in the barRaininR unit specified in paraqraph (4) shall contribute two percent (2%)
of basic compensation.
(3) Anything in the plan to the contrary notwithstanding, the total benefits
payable under the plan to, or with respect to, a participant shall not be less than the benefits that
can be provided by the participant's contributions, and further provided, if a participant, who is
terminated, elects to withdraw participant contributions, the participant will be entitled to the return
of participant contributions with interest, in lieu of all other benefits payable under the plan.
Effective September 1, 1999, if a participant has ten (10) or more years of credited service under
the plan a non-compounded simple interest rate of five (5%) percent per year shall be applied to
the principal balance of the participant's contribution as accrued on December 31 of each year.
Effective September 1,1999, if a participant has less than ten (10) years of credited service under
the plan a non-compounded simple interest rate of three (3%) pement shall be applied to the
principal balance of the participant's contribution as accrued on December 31 of each year.
Participant contributions cannot be withdrawn while a participant remains in the employ of the city
or after the payment of benefits under the plan has commenced.
(4) Applicability to Bargaining Unit Employees. Participants who ara members of
the bargaining unit represented by the National Conference of Firemen and Oilers shall not be
required to contribute to the plan unless a written actuarial valuation indicates that contributions
are required to propedy fund the plan in an actuarially sound manner. If any actuary selected by
the Retirement Committee determines that additional contributions are required to properly fund
the plan, the City and bargaining unit members shall equally share such contributions on a
pementage of payroll basis; provided that no member shall be required to contribute more than
four and one-half pement (4.5%) of basic compensation unless the City and union agree to a
greater participant contribution.
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
Memo
To:
From:
Subject:
Date:
David Harden - City Manager
Lula Butler- Director, Community Improvement
Ordinance Amending Chapter 117~ Landlord Permits
September 4, 2003
Item Before the Commission:
City Commission approval to Ordinance 35-03 amending Chapter 117, Landlord Permits, Section
117.02 governing permit fees of the Code of Ordinances of the City of Delmy Beach. The
amendment proposes to increase the permit fee fi.om $15.00 to $30.00, effective upon final adoption
of the ordinance.
Background:
The City implemented the Landlord Permit Program in 1988. The program requires a permit for all
rental units located within the jurisdiction of the City. The initial fee was established at $10 per unit
and increased to $15 in 1994. The Landlord Permit Program has now been implemented by a number
of municipalities. As we surveyed these cities, we found that our $15 fee was substantially lower than
most. Therefore, it is recommended that our landlord permit fee be increased fi.om $15 to $30,
effective with the adoption of this ordinance.
The additional revenue realized fi.om this increase will be used to fund the newly-created, Residential
Rental Housing position for the 2003/04 fiscal year. This will allow us to implement an education
program designed assist landlords with the selection of tenants, maintaining their property and
economically abating nuisances. In addition, we will be conducting random inspections of these
properties. The key goal of the program would insure that the City's stock of 6,000 residential units
meet our housing code requirements.
Our current revenue projection for fiscal year 2003 is $88,000. With the proposed increase in the fee,
the revenues for fiscal year 2004 are estimated at $176,800.
Recommendation:
Staff is recommending City Commission approval of Ordinance 35-03 amending Chapter 117,
Landlord Permits, Section 117.02 governing permit fees of the Code of Ordinances of the City of
Delmy Beach, increasing the permit fee fi.om $15.00 to $30.00, effective upon final adoption of the
ordinance.
ORDINANCE NO. 35-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 117.02, "PERMIT FEES", TO
PROVIDE FOR AN INCREASE IN THE FEES CHARGED AND
CLARIFYING THAT THE FEES ARE NOT PRORATED; AMENDING
SECTION 117.04, "APPEALS" TO CLARIFY THAT NOTICE SHALL BE
WRITI'EN; AMENDING SECTION 117.05, "INSPECTIONS", TO CLARIFY
THAT UNITS MUST COMPLY WITH ALL CITY CODES; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission has determined that by increasing the fee of the Landlord
permit and clarifying the notice and inspection provisions the health, safety and welfare of the
residents of Delray Beach is hereby promoted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 117, "Landlord Permits", Section 117.02, "Permit Fees", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
Sec. 117.02 PERMIT FEES.
Applications for a landlord permit shall be available through the Community Improvement
Department. The annual permit fee shall be~.,,.,...z:c .... ~v~on-n--- \~..~.v,.!/¢* ~ nnx thirty, dollars $30.00 per unit.
Such permit shall be for one year from the date of issue on November 1 of each year. This fee shall
not be prorated.
Section 2. That Chapter 117, "Landlord Permits", Section 117.04, "Appeals", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
Sec. 117.04 APPEALS.
Appeals of a denial of a landlord permit shall be made to the Permit Review Committee
which shall consist of the City Manager, the Community Development Coordinator and the
Planning and Zoning Director or their respective designees. The City Attorney's Office shall act as
counsel to the Permit Review Committee. Requests for appeal must be made in writing and
received by the Chief Building Official within thirty (30) days of formal written notice of denial, with
the date of the notice of denial being the first day. Decisions of the Permit Review Committee may
be appealed to the City Commission, whose decision shall be final subject to any appeal of such
decision to the circuit court.
Section 3. That Chapter 117, "Landlord Permits", Section 117.05, "Inspections", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
Section 117.05 INSPECTIONS.
The Chief Building Official or his/her designee may inspect all rental units or units which are
reasonably suspected to be rental units for compliance with '~Ag Sccr2c. n all apphcable City. codes at
reasonable hours with the permission of the owner, agent or tenant, xvm ...... :__: .... ·
....... 1-' ............. m~. t __3fCC_
~ection 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
__ day of ,2003.
ATI'EST:
MAYOR
City Clerk
First Reading
Second Reading
2 ORD. NO. 35-03
Memorandum
TO:
THRU:
FROM:
SUBJECT:
DATE:
Brian Shutt, Assistant City Attorney ]A~~~
Lula Butler, CommunityMI~,~ment Director ~~
Richard Bauer, Code Enforcement Administrator ~ '~
REVISIONS TO CODE OF ORDINANCES CHAPTER 117,
LANDLORD PERMITS
August 12, 2003
The City Manager received approval fi.om the City Commission to increase the Landlord
Permit fee tO $30 (fi.om $15).
To enact the fee change to $30, Chapter 117 of the Code of Ordinances will require
modification. Attached please find a copy of Chapter 117 with the fee and several other
proposed changes. Briefly, the changes proposed are:
Section 117.02: Change fee to $30.
------'-7
Section 117.03: Change "Chief Building Official" to "Code
Enforcement Administrator." The Code Enforcement Division processes
and receives all Landlord Permit applications and does all data entry
117.04 Aooeals:
word "notice."
Insert the word "xvritten" in line 7 before the
Section 117.05: Change "Chief Building Official" to "Code
Enforcement Administrator." Change "this section" in line 3 to "all
2ity codes." We will be preparing to commence a Residential
Rental Housing Inspection program funded by receipts fi.om Landlord
Permits. Thc inspection program will be under Code Enforcement not the
Building Official and will encompass compliance to all applicable codes
not just those noted or mentioned in Chapter 117.
Also, our policy has been not to prorate Landlord Permit fees. Is this clear in the
ordinance or would you recommend wording enhancements?
Your help in preparing a new ordinance to reflect the above changes is appreciated.
RECEIVED
AUG 1 5 2003
CITY ATTORNEY
Chapter 117
Section 117.01
Section
117.01
117.02
117.03
117.04
117.05
C__HAPTER 117: LA}:DLORD PERMI?~
Permit required
Permit fees
Approval of application
Appeals
Inspections
117.99 Penalty
Section 117.01 PERMIT REQUIRED.
(A) NO person: company or other entity who leases or offers
for lease any residential units within the City may enter into
any arrangement, written or otherwise, which constitutes a lease
of property which is used for residential purposes, unless a
landlord permit is obtained or tn existence for the rental units.
Ail oral rental arrangements shall be Included within the scope
of this section, but the operation of a hotel shall not (any
building which fits the definition of hotel but also fits the
definition of another use which requires a landlord permit shall
be interpreted to require a landlord permit).
(B) A separate permit shall be required for each rental
unit. However, where a building contains a number of rental
units ~nder the same owner, or where a number of different owners
in one building authorize the same person or company to act as
their agent for the purposes of applying for a permit, a single
permit may be obtained for all qualifying units within a' single
building which ars Under the same owner or agent, provided that
the permit fee is paid for each individual unit. No~hing in this
section shall require a permit for any unit enrolled in federal
housing programs or under Federal HOusing and Urban Development
general supervision.
(Ord. No.. 80-87, passed 10/13/87~ Am. Ord. No. 81-94 passed
10/18/94) '
Penalty, sea Sec. 117.99
~ Applications for a .landlord permit shall be available
through the communi~mprovement Department. The annual permit
fee shall be Sd~fl~irun~. S~ch permit shall be for one year
tu a. ~o. 80 87, passed 20/13/~7; ~. Ora.
11/8/88; ~. Or~. No. 58-89, passe~ 9/26/89;
passe~ 9/24/91.; ~. Ora. No. 81-94, passe~ 10/18/94)
X1.76
Section 117.05
------~he J~3~~~ or hi~esignee may inspect all
rental units or units which ere reason&~ly suspected to be rental
units for compliance with~ ~t reasonable hours with
the permission of th® oWner, agen~ ~r tenant. Where permission
to inspect the premises is denied to the City or where facts and
circumstances reasonably Justify the necessity for an inspection,
~the City shall make an effort to obtain an inspection warrant and
~shall conduct the inspection as required by law.
~.(Ord. No. 80-87, passed 10/13/87, Am. Ord. No. 81-94, passed
10/18/ 4)
Bection ~?.99 PEI~LTY.
Should any person or entity required to obtain a landlord
permit under Sec. 117.01 not file an application for such
landlor~ permit within thirty (30) days of acquiring interest in
any qualifying property, or renew such permit within sixty (60)
.days of the annual renewal date, the permit fees shall be
tripled.
(Ord.. No. 80-87, passed 10/13/87~ Am. Ord. No. 81-94, passed
10/18/94)
XI.78
AGENDA ITEM NUMBER:
AGE NDA RE OUE ST
Request to be placed on:
Consent Agenda X__ Regular Agenda
When: __Sept 9, 2003
Description of agenda item (who, what, where, how much):
Approval of Ordinance 35-03 amending Chapter 117, Landlord Permits
fee from $15.00 to $30.00
__ Workshop Agenda_ Special Agenda
- increasing permit
Department Head / ~, /'~ .
Signature: ~~ ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account NtLmber
Description
Account Balance:
Funding Akematives:
City Manager Review: -~
Approved for Agenda: e~ No Initials:
Hold Until:
(if applicable)
Agenda Coordinator Review:
Received:
I:ITY OF DELRI:iY BEI:II:H
CiTY ATTORNEY'S OFFICE 200 ,s, AVENUE-DELRA .EACH. FLOR,DA 334 4
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
City
1993 2001 TO:
FROM:
MEMORANDUM
September 3, 2003
City Commission
Susan A. Ruby, City Attorney
Wdter's Direct Line: 561/243-7091
SUBJECT: Closed Attorney-Client Session - Rectory Park, L.C. vs. City of
Delray Beach, Florida - D.C. Docket No. 01-08569-CV-DTKH
The purpose of this memorandum is to call for a closed attorney-client session
pursuant to Florida Statutes §286.011(8) for the September 9, 2003 City
Commission meeting to discuss settlement negotiations and strategy related to
litigation expenditures in the above case.
Law requires strict compliance with Florida Statutes §286.011(8). Therefore, prior
to the commencement of the closed attorney-client session, the Mayor should read
the following:
"The City has scheduled a closed attorney-client session pursuant
to Florida Statutes §286.011(8)in the case of: Rectory Park, L.C.
vs. City of Delray Beach, Florida (D.C. Docket No. 01-08569-CV-
DTKH). The estimated length of the closed session shall be 30
minutes. The following persons will be attending: Mayor Jeff
Perlman, Commissioners Jon Levinson, Patricia Amher, Alberta
McCarthy, City Attorney Susan Ruby, Attorney Henry Handler, and
a certified court reporter."
At the end of the Commission meeting, the Mayor should announce that a closed-
door session will commence. After the closed session is over, the Mayor should
announce that the regular meeting is reopened, and the closed session is
terminated.
By copy of this memorandum to David Harden, our office requests that the agenda
be prepared giving reasonable public notice of the time and date of the closed
attorney-client session for September 9, 2003 and that the agenda item include
the name of the case, the names set forth above of those persons attending the
session, and identify the item as a closed door session pursuant to Florida
Statutes {}286.011. Our office will arrange for a court reporter to be present as
required by statute. Attached is a copy of Fla. Stat. {}286.011.
SAR:ci
Attachment
cc: David Harden, City Manager
Barbara Garito, City Clerk
Court Reporter
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Constitution Laws of Florida Order
The 2002 Florida Statutes
PUBLIC BUSINESS PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS
286.011 Public meetings and records; public inspection; criminal and civil penaltle~.--
(1) All meetings of any board or commission of any state agency or authority or of any agency or
authority of any county, municipal corporation, or political subdivision, except as otherwise
provided in the Constitution, at which official acts are to be taken are declared to be public
meetings open to the public at all times, and no resolution, rule, or formal action shall be
considered binding except as taken or made at such meeting. The board or commission must
provide reasonable notice of all such meetings.
(2) The minutes of a meeting of any such board or commission of any such state agency or
authority shall be promptly recorded, and such records shall be open to public inspeedon. The
circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of
this section upon application by any citizen of this state.
(3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal
infraction, punishable by fine not exceeding $500.
(b) Any person who is a member of a board or commission or of any state agency or authority of
any county, municipal corporation, or political subdivision who knowingly violates the provisions of
this section by attending a meeting not held in accordance with the provisions hereof is guilty of a
misdemeanor of the second degree, punishable as provided in s. ~ or s. 775.083,
(c) Conduct which occurs outside the state which would constitute a knowing violation of this
section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083.
(4) Whenever an action has been filed against any board or commission of any state agency or
authority or any agency or authority of any county, municipal corporation, or political subdivision
to enforce the provisions of this section or to invalidate the actions of any such board,
commission, agency, or authority, which action was taken in violation of this section, and the court
determines that the defendant or defendants to such action acted in violation of this section, the
court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable
attorney's fee against the individual filing such an action if the court finds it was filed in bad faith
or was frivolous. Any fees so assessed may be assessed against the individual member or
members of such board or commission; provided, that in any case where the board or commission
seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against
the Individual member or members of the board or commission. However, this subsection shall not
apply to a state attorney or his or her duly authorized assistants or any officer charged with
enforcing the provisions of this section.
(S) Whenever any board or commission of any state agency or authority or any agency or
authority of any county, municipal corporaUon, or political subdivision appeals any court order
which has found said board, commission, agency, or authority to have violated this section, and
such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against
such board, commission, agency, or authority. Any fees so assessed may be assessed against the
individual member or members of such board or commission; provided, that in any case where the
http://www~~s~nate~g~v/Statut~s/ind~x~c~~?Ap~-m~de=Disphy-Statute&S~arch-S~ring=~~~ 8/11/2003
statutes->View Statutes.>2002->Ch0286->Section 011: flsenate.gov rag~ ~ ~ ~
board or commission seeks the advice of its attorney and such advice Is followed, no such fees
shall be assessed against the individual member or members of the board or commission.
(6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or
location which discriminates on the basis of Sex, age, race, creed, color, origin, or economic status
or which operates in such a manner as to unreasonably restrict public access to such a facility.
(7) Whenever any member of any board or commission of any state agency or authority or any
agenCy or authority of any county, municipal corporation, or political subdivision is charged with a
violation of this section and is subsequently acquitted, the beard or commission is authorized to
reimburse said member for any portion of his or her reasonable attorney's fees.
(8) Notwithstanding the provisions of subsection (1), any beard or commission of any state
agency or authority or any agency or authority of any county, municipal corporation, or political
subdivision, and the chief administrative or executive officer of the governmental entity, may meet
in private with the entity's attorney to discuss pending litigation to which the entity is presently a
party before a court or administrative agency, provided that the following conditions are met:
(a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice
concerning the litigation.
(b) The subject matter of the meeting shall be confined to settlement negotiations or strategy
sessions related to litigation expenditures.
The entire session shall be recorded by a certified court reporter. The reporter shall record the
~i()mes of commencement and termination of the session, all discussion and proceedings, the
names of all persons present at any time, and the names of all persons speaking. No portion of
the session shall be off the record. The court reporter's notes shall be fully transcribed and filed
with the entity's clerk within a reasonable time after the meeting.
(d) The entity shall give reasonable public notice of the time and date of the attorney-client
session and the names of persons who will be attending the session. The session shall commence
at an open meeting at which the persons chairing the meeting shall announce the commencement
and estimated length of the attorney-client session and the names of the persons attending. At
the conclusion of the attorney-client session, the meeting shall be reopened, and the person
chairing the meeting shall announce the termination of the session.
(e) The transcript shall be made part of the public record upon conclusion of the litigation.
Hlstory.--s. l, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91-
224; s, 1, ch. 93-232; s. 210, ch. 95-148; s. 1, ch. 95-:353.
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