02-03-04 Agenda RegCity of Delray Beach
Regular Commission Meeting
Tuesday. February 3. 2004
Regular Meeting 6:00 p.m.
Public Heatings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delmy Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the fight 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.
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. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the tight 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 PROCEDURE~
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
disability an oppommity 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 (TDD), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetines in the Commassion Chambers.
2.
3.
4.
5.
ROLL CAt J..
INVOCATION.
PLEDGE OF/,t.t.EGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
January 06, 2004 - Regnlar Meeting
January 13, 2004 - Reg,,!~r Meeting
January 16, 2004 - Special Meeting
January 22, 2004 - Special Meeting
PROCLAMATIONS:
Recognizing and Commending the Delray Rocks Football & Cheerleading Squads
Celebrating the 100m Year Anniversary of Masonic Lodge #275 - Janmy 2004
Recognizing Engineers Week - February 22-28, 2004
PRESENTATIONS:
"Spotlight on Education" - Debra Johnson, Principal of High Tech Middle School 98-GG
Appreciation for "Read to Students' Day" - Seacrest Christian Elementary School
Gift of Fire Fighter Statue to Fire-Rescue Department - Marcia Higgs, Urdl's Water
Gardening Center, Inc.
Glory Awards - Edith Thompson
CONSENT AGENDA: City Manager Recommends Approval.
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 January 15, 2004.
RESOLUTION NO. 12-04: Approve Resolution No. 12-04 authorizing the
appropriation and expenditure of matching grant funds in the mount of $65,000.00 to the
South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) for
engineering design, permitting, and construction of the next phase of the reclaimed water
treatment expansion project. Funding is available from 441-5181-536-63.95 (Water/Sewer
Fund).
02-03-2004
FINAL PAYMENT/GAMETIME. INC.: Approve a $7,921.04 decrease to Purchase
Order #610147, and final payment in the amount of $150,117.71 to Gametime, Inc. for
completion of skate park equipment installation at the Community Teen Center's Skate
Park. Funding is available from 117-6111-572-63.40 (Recreation Impact Fees/Recreation
Improvements).
TURTLE MONITORING SERVICES/JOHN FLETEMEYER: Approve sea turtle
monitoring services for FY 2004 with John Fletemeyer in an amount not to exceed
$27,304.20. Funding is available from 332-4164-572-34.90 (Beach Restoration Fund).
SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT: Authorize and approve subordination of the City's second
mortgage in the mount of $15,226.00 to allow the applicant to secure new financing.
RESOLUTION NO. 10-04: Approve Resolution No. 10-04 and the Maintenance
Agreement between the State of Florida Department of Transportation and the City for
the beautification of U.S. Highway 1 at Linton Boulevard.
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGEN~
{CRA)/BUS SHELTERS: Approve an Interlocal Agreement between the Community
Redevelopment Agency (CRA) and the City for bus shelters in the amount of $129,120.00.
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy
for one (1) eligible applicant/family in the amount of $23,750.00 for new construction on
N.W. 13~h Avenue. This brings the number to 156 homeowners assisted under the
Renaissance Program. Funding is available from 118-1924-554-49.20 (Home Owner
Subsidy).
SPECIAL EVENT REOUEST/HOWARD AI_A.N 7m ANNUAL WINTER
STREET CRAFT FESTIVAL; Approve a special event request to allow the 7th Annual
De[ray Beach Winter Street Craft Festival sponsored by Howard Alan Events, Ltd. to be
held on February 28-29, 2004 from 10:00 a.m. - 5:00 p.m., including a temporary use
permit per LDR Section 2.3.6(H) for street closures of NE/SE 4e' Avenue, one block
north/south of Atlantic Avenue as well as the north end of Hand's parking lot for vendor
parking and staff support for security, with the event sponsor paying all overtime costs.
SPECIAL EVENT REOUEST/SAINT PATRICK'S DAY PARADE: Approve a
special event request to allow the 36th Annual St. Patrick's Day Parade to be held on
Saturday, March 13, 2004 beginning at 2:00 p.m., including temporary use permits per LDR
Section 2.3.6(H) for street closures of Atlantic Avenue from Venetian Drive to the County
Courthouse for the parade and Venetian Drive and Gleason Street for staging of parade
entries from 12:00 p.m. to approximately 3:30 p.m., staff support for traffic control and
security, barricading, wash removal, and assistance in obtaining the FDOT permit, use and
set up of half of the small stage, waiver of LDR's Section 4.6.7(F)0)0)(ii) to allow event
signage to be placed no earlier than March 3, 2004 with event sponsor paying
approximately $677.50 in overtime costs; contingent upon specified conditions contained
in 1/20/00 memo being met, the receipt of a hold harmless agreement and certificate of
liability insurance.
02-03-2004
RATIFICATION OF THE SISTER CITIES BOARD OF DIRECTORS FOR
2004; Approve and ratify the proposed slate of Directors for the Sister Cities Committee
for 2004.
AGREEMENT/HORSE DRAWN CARRIAGES, INC,: Approve an agreement
between the City and Horse Drawn Carriages, Inc. to continue to provide horse and
carriage rides along Atlantic Avenue Wednesday through Saturday until May 2, 2004.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 12, 2004 through January 30, 2004.
N. AWARD OF BIDS AND CONTRAC[r$:
Contract award in the mount of $384,790.00 to Daytech Manufacturing, Inc. for
the purchase, assembly and installation of forty-seven (47) bus shelters at selected
sites throughout the City. Funding is available from 334-3162-544-65.70 (Bus
Shelters).
Contract award to RSI of Florida, Inc. in the amount of $77,937.00 for the re-
roofing of the Utilities Maintenance Building project. Funding is awihble from
442-5178-536-62.10 (Water/Sewer Renewal and Replacement Fund/Buildings).
REGULAR AGENDA:
WAIVER REOUEST/BERMUDA GARDENS; Consider a request to waive Land
Development Regulations Section 4.3.4(K) to reduce the lot size and lot width in
association with a proposed subdivision at 924 Bermuda Road, located at the southwest
comer of Bermuda Road and State Road A-1-A. (Quasi-Juch'cialHeating)
WAIVER REOUEST/BANKOFF TOWNHOMES: Consider a request to waive the
required front setback in the CBD (Central Business District) to allow a front setback of
25' 6" for the Bankoff Townhome project, located on the west side of Seabreeze Avenue,
approximately 230 feet north of East Atlantic Avenue. (Quasi-JudicialHearing)
APPRAISAL FOR CITY PARCEL: Consider a developer request to buy a City owned
parcel of land, located south of S.W. l0th Street between S.W. 9th Avenue and S.W. 10th
Avenue; and authorize staff to proceed with appraisal.
PROPOSAL FOR SETTLEMENT IN CLARA OUTRAM v. CITY OF DELRAY
BEACH: Consider a Proposal for Settlement in the amount of $24,999.99 in Clara
Outram v. City of Delray Beach. The City Attorney's Office recommends denial.
Consider a counter-offer Outram v. City of Delray Beach in the amount of
$7,500.00.
02-03-2004
10.
METRON-FARNIER. L.L.C./AUTHORIZATION TO DISMISS LAWSUIT:
Consider authorization to dismiss the lawsuit against Metron-Famier, L.L.C.
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE
(EMPA) GRANT APPLICATION; Approve and authorize the Mayor to execute
Emergency Management Preparedness and Assistance grant submittal documents for the
City.
APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES: Appoint one (1) member to the Police and
Firefighters Retirement System Board of Trustees to fill an unexpired term ending April 22,
2005. Based on the rotation system, the appo'mtment will be made by Commissioner
Archer (Seat #2).
APPOINTMENTS TO THE PUBLIC ARTS IMPLEMENTATION
COMMITTEE: Appo'mt four (4) members to the Public Arts Implementation
Committee for a term ending June 30, 2004. Based on the rotation system, the
appo'mtments will be made by Commissioner Costin (Seat #1), Commissioner Archer (Seat
#2), Commissioner Levinson (Seat #3), and Commissioner McCarthy (Seat #4). T/ds
item has been postponed due to a request ~rom Gleam Weiss and Caroly~
Pendelton-Padrer.
PUBLIC HEARINGS:
ORDINANCE NO. 2-04: Privately initiated Future Land Use Map (FLUM)
Amendment from CMR (Commerce) in part and GC (General Commercial) in part, to
CMR (Commerce) and rezoning from MIC (Mixed Industrial and Commercial) in part and
GC (General Commercial) in part, to MIC (Mixed Industrial and Commercial) for a 1.80
acre parcel of land known as Delray Depot (formerly the Train Station Depot site), located
at the northwest comer of West Atlantic Avenue and 1-95. (Quasi-Judicial HenNaS)
ORDINANCE NO, $'04; An ordinance rezoning from A (Agricultural) to RM-8
(Medium Density Residential-8 dwelling units per acre) for a 1.69 acre parcel of land for
Highland Grove Estates located on the north side of Old Germantown Road
approximately 1,115 feet west of Homewood Boulevard. (QuaM-JudicialHeadtlg)
ORDINANCE NO. 1-04 (SECOND READING/SECOND PUBLIC HEARING):
An ordinance amending Land Development Regulations Section 4.4.26 LI (Light
Industrial) District and Article 4.5 "Overlay and Environmental Management Districts"
relating to the Wallace Drive Area Redevelopment Plan.
ORDINANCE NO. 3-04 (SECOND READING/SECOND PUBLIC HEARING):
An ordinance mending the Land Development Regulations Appendix A "Definitions" to
amend the definition of adult entertainment establishment to provide for the inclusion of
Adult Novelty Stores and to provide a definition of Adult Novelty Stores.
02-03-2004
11.
12.
ORDINANCE NO, 6'04; An ordinance mending Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the
Code of Ordinances to adjust the fee schedule for emergency medical transportation in
accordance with the National American Fee Schedule.
ORDINANCE NO, 4-04: An ordinance amending the Land Development Regulations
Appendix A "Definitions" repealing the definitions for Residential and Non-Residential
Alcohol and Drag Abuse Treatment Facility and enacting new definitions for Residential
and Non-Residential Licensed Service Provider and amending Sections 4.3.3(1)), 4.4.6,
4.4.9, 4.4.13, 4.4.16, 4.4.17, 4.4.21, 4.4.24, and 4.6.9 to reflect the change in terminology.
ORDINANCE NO. 9-04 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending the Land Development Regulations Section 4.4.17, RO (Residential
Office District), Subsection 4.4.1703)(2) regarding duplex structures. If passed, a second
public heating will be scheduled for February 17, 2004.
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. 10-04: An ordinance rezoning from POC (Planned Office Center)
to RM-9 (Multiple Family Residential-Medium Density-9 dwelling units per acre) for a 5.04
acre parcel of land to be known as Atlantic Palms located on the south side of West
Atlantic Avenue, approximately 140 feet east of Whafley Road. If passed, a quasi-judicial
public hearing will be scheduled for February 17, 2004.
ORDINANCE NO. 8-04; An ordinance amending the Land Development Regulations,
enacting a new Subsection 2.4.3(K)(6), "Dekay Beach Fire-Rescue Department Fees". If
passed, a public hearing will be scheduled for February 17, 2004.
ORDINANCE NO, 11'04; An ordinance providing for the adoption and enforcement of
the minimum State Fire Code. If passed, a public hearing will be scheduled for February
17, 2004.
ORDINANCE NO. 12-04: An ordinance amending Ordinance No. 20-03, that adopted
Comprehensive Plan Amendment 2003-02, regarding compliance with the Florida
DepaiU,ent of Community Affairs (DCA) Objections, Recommendations and Comments
(ORC) report.
02-03-2004
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JANUARY 30, 2004
02-03-2004
JANUARY 6, 2004
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, January 6, 2004.
1. Roll call showed:
Present-
Commissioner Patricia 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
Brian Shutt, Assistant City Attorney
Barbara Garito, City Clerk
2. The opening prayer was delivered by Reverend Dan Casselberry with
Cason United Methodist Church.
given.
The Pledge of Allegiance to the flag of the United States of America was
AGENDA APPROVAL:
Mayor Perlman requested that Item 8.C., Acceptance of Easement Deed
and Agreement for Sidewalk Improvements/John Remus Services be moved to a date
certain of January 13, 2004.
Mayor Perlman requested that Item 8.1Ll., Award of Bids and
Contracts to Beck's Towing and Recoverv bc moved to thc Regular Agenda as Item
9.A.l.
Mayor Perlman requested to reorder the Agenda and move Item 9.B.,
Adult Arcades, Item 9.C., Conditional Use Request/Spinners Arcade and Item 12.C.,
Ordinance 7-04 to the end of the Agenda.
Mayor Perlman stated Item 8.1L6., Purchase of a 2004 Ford Crown
Victoria for the Police Department will be purchased by Gus Machado Ford in Hialeah,
Florida.
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01/06/04
Mr. Costin moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
APPROVAL OF MINUTES:
Mr. Costin moved to approve the Minutes of the Regular Meeting of
December 2, 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to approve the Minutes of the Regular Meeting of
December 9, 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:
6oA,
Martin Luther King~ Jr. Day - January 19~ 2004
Mayor Perlman read and presented a proclamation hereby proclaiming
January 19, 2004 as Martin Luther King Jr. Day. Lillie Strainge came forward to accept
the proclamation.
PRESENTATIONS:
7.A...~.
Golf
2003 City Golf Championship Awards - Sandra Eriksson~ Director of
Sandra Eriksson, Director of Golf, stated on behalf of JCD Sports Group
she congratulated the 2003 City Golf Champions and presented awards to the following
individuals:
Other Champion Flight Winners:
Aldo Butera, 74, Men's Super Senior, Boynton Beach (Age 71)
Stanley Zaniewski, 85, Men's Senior Second, Delray Beach
Steve McFarling 77, Men's Senior First, Delray Beach
Jim Bounds, 74, Men's Senior Championship, Boynton Beach
Joe Vassalotti, 167, Men's Second, West Palm Beach
Tim Weldon, 157, Men's First, Delray Beach
Wanda Goodleaf, 177, Women's Senior, Delray Beach
City Champions:
--146,73, 73 Nora Phillips*, 2003 Women's (*Third Consecutive
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01/06/04
Defense of Title)
· --146,73, 73 Casey Jorgenson, 2003 Men's, Boca Raton
CONSENT AGENDA: City Manager Recommends Approval.
FINAL SUBDIVISION PLAT APPROVAL/PORTA AL MARE:
Approve the subdivision plat for Porta al Mare, located on the west side of the 100 Block
ofN.E. 6th Avenue.
FINAL BOUNDARY PLAT APPROVAL/MERIDIAN REPLAT:
Approve the boundary plat for The Meridian Replat located on the east side of the 300
Block of S.E. 6th Avenue.
THIS ITEM HAS BEEN MOVED TO THE REGULAR MEETING
OF JANUARY 13~ 2004.
8.D. RESOLUTION NO. 3-04/ABANDONMENT OF DRAINAGE
EASEMENT: Approve the abandonment of a 12 foot wide drainage easement within
the plat of Linton Center (known as Lakeview Apartments), located on the east side of
S.W. l0th Avenue, south of Linton Boulevard.
The caption of Resolution No. 3-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF A 12' WIDE DRAINAGE
EASEMENT LOCATED ON THE PLAT OF LINTON
CENTER 0'qow LAKEVIEW APARTMENTS), AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A".
(The official copy of Resolution No. 3-04 is on file in the City Clerk's
office.)
8.E. RESOLUTION NO. 4-04: Approve Resolution No. 4-04 assessing costs
for abatement action required to r~nove nuisances on nine (9) properties throughout the
City.
The caption of Resolution No. 4-04 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
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01/06/04
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. 4-04 is on file in the City Clerk's
office.)
8.F~ RESOLUTION NO. 1-04: Approve Resolution No. 1-04 urging
members of the Florida Legislature to support municipal issues during the 2004
Legislative Session.
The caption of Resolution No. 1-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, URGING MEMBERS OF
THE FLORIDA LEGISLATURE TO SUPPORT THE
FOLLOWING MUNICIPAL ISSUES DURING THE 2004
LEGISLATIVE SESSION.
(The official copy of Resolution No. 1-04 is on file in the City Clerk's
office.)
8oGo
RESOLUTION NO. 2-04/ICMA 457 DEFERRED COMPENSATION
PLAN: Approve Resolution No. 2-04 adopting the amended and restated Plan and Trust
document for the ICMA Retirement Corporation Section 457 Deferred Compensation
Plan effective January 1, 2004, which reflects changes in the law as a result of the
Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA).
The caption of Resolution No. 2-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING THE
AMENDED AND RESTATED PLAN AND TRUST
DOCUMENT FOR THE ICMA RETIREMENT CORPORATION
SECTION 457 DEFERRED COMPENSATION PLAN
EFFECTIVE JANUARY 1, 2004; PROVIDING THAT THE
ASSETS OF THE PLAN SHALL BE HELD IN TRUST FOR
THE EXCLUSIVE BENEFIT OF PLAN PARTICIPATES AND
THEIR BENEFICIARIES; PROVIDING THAT THE PLAN
WILL NOT PERMIT LOANS; PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 2-04 is on file in the City Clerk's
office.)
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01/06/04
8.H. SERVICE AUTHORIZATION NO. 9.1/CH2M HILL, INC.: Approve
Service Authorization No. 9.1 to CH2M HILL, Inc. in the amount of $19,500.00 for
additional professional engineering services related to the water use permit application
and ground water modeling project. Funding is available from 442-5178-536-31.30
(Engineering/Architectural).
8oio
CHANGE ORDER NO. 1/FINAL PAYMENT/RPM GENERAL
CONTRACTORS, INC.: Approve Change Order No. 1 in the amount of $2,592.95,
and final payment in the amount of $10,937.51 to RPM General Contractors, Inc. for
completion of the Community Teen Center Skate Park Project. Funding is available from
117-6111-572-63.40 (Recreation Impact Fees/Recreational Improvements).
8.J. CONTRACT ADDITION/TLC DIVERSIFIED, INC.: Approve a
Contract Addition (C.O. No. 1) in the amount of $148,400.00 to the Rehabilitation of Lift
Stations 19, 57, and 80 Project to include rehabilitation of Lift Stations 27 and 33.
Funding is available from 442-5178-536-61.83 (Lift Station Conversion to Submersible).
8.K. CONTRACT CLOSEOUT/PALM BEACH COUNTY JOINT
PARTICIPATION AGREEMENT (LAKE IDA ROAD WIDENING): Approve the
joint participation agreement closeout with Palm Beach County, the total value of work
completed is $865,900.00 from the original agreement of $948,431.50, for utility
upgrades and relocation associated with the Lake Ida Road Widening project. A balance
of $82,531.50 will be liquidated from P.O. #596438 and residual funds reverting to 441-
5161-536-63.78 (Chatelane Lift Station), 441-5181-536-69.21 (BarwiclULake Ida Road
Force Main), and 442-5178-536-65.18 (Lake Ida Road Utility Relocations).
8.L. CANCELLATION OF CONTRACT (COLE INDUSTRIAL &
TECHNICAL SUPPLY, INC.)/AWARD OF CONTRACT (FERGUSON
UNDERGROUND/HUGHES SUPPLY, INC.): Approve cancellation of the contract
with Cole Industrial & Technical Supply, Inc. for two (2) pipe fitting and accessory items
duc to withdrawal of bid; and award of contracts to Ferguson Underground and Hughes
Supply, Inc., second lowest bidders, for the items. Funding is available from various
departmental operating budgets.
a.M.
GRANT CONSULTING AGREEMENT/LANGTON ASSOCIATES:
Approve a smartGRANTS Consulting Contract between the City of Delray Beach and
Langton Associates for grant writing services for a term of one (1) year.
8.N. SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Approve
a special event request to allow the Cinco De Mayo Fiesta to be held Saturday, May 1,
2004, from 11:00 a.m. until 10:00 p.m. at Old School Square, granting a temporary use
permit per LDR Section 2.4.6(H) for the closure of NE 1st Avenue on the north side of
the grounds of Old School Square to the loading gate area, and staff support for traffic
control and security, trash removal, barricade set up, signage and waiver of LDR Section
4.6.7 (D)(3)(j)(ii) to allow the installation of event signage on April 21, 2004; contingent
upon sponsor providing a hold harmless agreement, a certificate of liability insurance,
and liquor liability insurance with conditions for serving alcoholic beverages and site
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01/06/04
fencing.
8.0. SPECIAL EVENT REQUEST/EAST END VOLLEYBALL
TOURNAMENT: Approve a request from East End Volleyball for the East End
Volleyball Tournament to be held at the municipal beach on March 6 and 7, 2004.
8.P. ACCEPTANCE OF COUNTY PARCELS: Consider approval and
acceptance of seven (7) vacant surplus parcels of land from Palm Beach County at no
charge to the City acquired by Palm Beach County through tax deed.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: .Accept the actions and decisions made by the Land Development Boards for
the period December 8, 2003 through January 2, 2004.
AWARD OF BIDS AND CONTRACTS:
MOVED TO THE REGULAR AGENDA AS ITEM 9.A. 1.
Purchase award to the Dell Computer Corporation in the amount of
$16,938.96 via the State of Florida Contract #250-000-03-1 for the
purchase of twelve (12) Dell OptiPlex desktop replacement
terminals for the Environmental Services Department. Funding is
available from 442-5178-536-64.11 (Computer Equipment).
Purchase award to Bannington Carpet & Tile in the amount of
$25,420.00 for replacement carpeting for the Delray Beach
Municipal Golf Course Clubhouse. Funding is available from 445-
4761-572-46.90 (Delray Beach Municipal Golf Course Fund/Other
Repair/Maintenance Costs) and 445-4715-572-46.10 (Delray
Beach Municipal Golf Course Fund/Building Maintenance).
Contract award to Hydro Pumps, Inc. in the amount of $17,806.25
for miscellaneous repairs on four (4) production well pumps and
motors. Funding is available from 442-5178-536-46.90 (Other
Repair and Maintenance).
Contract award to Chaz Equipment in the amount of $25,254.00
via Annual Contract No. 2002-37 for cementitious lining of wet
wells for Lift Stations 27 and 33. Funding is available from 442-
5178-536-61.83 (Lift Station Conversion to Submersible).
Purchase award in the amount of $20,639.00 via the Florida
Sheriff's Association Contract #03-11-0825, Specification #3 for
the purchase of a 2004 Ford Crown Victoria police vehicle.
Funding is available from 501-3312-591-64.20 (Vehicle
Replacement Fund).
Mr. Levinson moved to approve the Consent Agenda as amended,
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.
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01/06/04
Archer - Yes. Said motion passed with a 5 to 0 vote.
REGULAR AGENDA:
9.A. AMENDMENT TO NO. 1/MATCH POINT~ INC.: Consider approval
of Amendment No. i to the amended and restated agreement between the City and Match
Point, Inc.
Brian Shutt, Assistant City Attorney, stated the Amendment No. 1 for the
Match Point agreement provides for some changes. Mr. Shutt stated the first agreement
is the agreement being extended for a period of five (5) years and will expire in the year
2013. In addition, Mr. Shutt stated there is an increase in the payment by the amount of
$50,000 per year that will increase incrementally for an additional 3% each year. Mr.
Shutt stated Mr. Baron will have a charity event/dinner that he will hold for each event
and the minimum amount he will provide the City is $50,000 which will also increase
each year by 3%, however, in any one year if Mr. Baron happens to raise more than
$50,000 the City will reap the benefit. If Mr. Baron were to raise less than $50,000, he
would have to give the City $50,000 plus whatever the 3% increase would be in any
particular year and the 3% starts in 2004.
Mrs. Archer moved to approve Amendment No. 1 to the amended and
restated agreement between the City of Delray Beach and Match Point, Inc., 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.
9.A. 1. AWARDS OF BIDS AND CONTRACTS: Contract award to Beck's
Towing & Recovery with annual franchise fees to be paid to the City in the amount of
$141,250.00 for wrecker/towing services for the Police Department.
The City Manager stated for clarification the contract award to Beck's
Towing & Recovery is not located within the City. This is one of the changes that were
made when the City went out for RFP the second time and it specifies a radius which
does not have to be inside the City limits. Secondly, the City Manager stated the City did
a check with Palm Beach County Consumer Affairs to see if there were any complaints
filed against Beck's Towing & Recovery.
Jackie Rooney, Purchasing Supervisor, stated for clarification that for
reconsideration of a bid award the City must receive a letter within five (5) days of the
bid results being made public from the person/company desiring bid reconsideration.
Regarding this bid award, no letter has been received.
Mr. Levinson moved approval to award the contract to Beck's Towing &
Recovery to include franchise fees in the amount of $141,250.00, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
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01/06/04
At this point, the Commission moved Item 9.B., Adult Arcades, Item
9.C., Conditional Use Request/Spinners Arcade, and Item 12.C., Ordinance No. 7-04
to the end of the Agenda and moved to Item 9.D., Conditional Use Request/Monument
and Ornamental Stone Cutting Facility.
9.D. CONDITIONAL USE REQUEST/MONUMENT AND
ORNAMENTAL STONE CUTTING FACILITY: Consider a request for conditional
use approval to allow the establishment of a monument and ornamental stone cutting
facility, located on the west side of Congress Avenue (within the Congress Auto Center)
approximately 2,300 feet north of West Atlantic Avenue. (Quasi-JudicialHearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for conducting a Quasi-Judicial Hearing for this item and subsequent Quasi-Judicial
Hearing items held this evening.
The City Clerk swore in those individuals who wished to give testimony
on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mr. Levinson, Ms. McCarthy, and Mayor Perlman had no ex parte
communications to disclose. Mr. Costin and Mrs. Archer stated they each had a very
brief conversation with Mr. Weiner.
Paul Doding, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2003-179 into the record.
Mr. Dorling stated this involves a Conditional Use request for the
Congress Avenue Auto Center located on the west side of Congress Avenue north of
West Atlantic Avenue and south of Lake Ida Road. Currently, there are two separate
stone cutting businesses on the subject property. Mr. Dorling stated it is his
understanding that one of the facilities has ceased operations and therefore this
Conditional Use request would be just for the one that remains which takes the balance of
the south building. Mr. Dorling stated in reviewing this request, there was some concern
with the existing use i.e., a lot of outside storage which was taking up some of the
parking spaces. Staff worked with the applicant to resolve some of these issues and
basically outside storage could not be accommodated on this site. The applicant has
agreed and have moved all of their stone inside. Mr. Dorling stated there are some
conditions listed on page six of the Planning and Zoning staff report which talks about
the dry processing of stone and appropriate containment be provided and some conditions
which relate to the prohibition of outside storage, that the business be conducted inside
the building and the hours of operation from 8:00 a.m. to 7:00 p.m. Monday through
Saturday was originally proposed some additional hours of that and the applicant has
agreed to reduce it to mitigate any impacts they have for residential uses to the west.
At its meeting of December 15, 2003, the Planning and Zoning Board held
a public hearing in conjunction with the request. After discussing the proposal, the
Board unanimously recommended approval (6-0, Krall absent) of the monument and
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01/06/04
ornamental stone cutting facility for Congress Avenue Plaza based upon the negotiations
and conditions outlined in the Planning and Zoning staff report.
Jason Mankoff, Weiner & Aronson, P.A., 102 N. Swinton Avenue,
representing the owner of the property, stated the application is to allow a stone cutting
facility within the Congress Avenue Auto Center which is zoned MIC (Mixed Industrial
Commercial) pursuant to LDR Section 4.4.4(19)(D)(2)(d) Conditional Use approval as
required. Mr. Mankoff stated staff has made a positive finding with respect to the
conditional use the Planning and Zoning Board has done the same. Mr. Mankoff asked
that the Commission approve the Planning and Zoning Board's recommendation and
staff's recommendation.
Mrs. Archer moved to approve the Conditional Use Request to allow the
establishment subject to the conditions as listed in the Planning and Zoning staff report,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin
- Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes. Said motion passed with a 5 to 0 vote.
9.E. REQUEST TO REDUCE LIENS/DURANTE REALTY: Consider a
request from Durante Realty (on behalf of new buyer) to waive the interest and
administrative fees totaling $6,236.21 assessed for abating nuisances on property located
at 315 S.W. 3rd Street. Durante Realty is prepared to pay the City's out-of-pocket
expenses in the amount of $8,643.12. Staffrecommends approval.
Lula Butler, Director of Community Improvement, stated this item is a
request from Durante Realty, Real Estate Agent for the owner to reduce liens assessed to
the property located at 315 S.W. 3rd Street (vacant lot). The total amount of liens
assessed to the property is $14,879.33 and the City's out-of-pocket costs amount to
$8,643.12. Mrs. Butler stated staff is asking for a reduction in the liens in the amount of
$6,236.21 (accrued interest and administrative fees) and that the balance of the lien
representing the City's out-of-pocket costs be paid within 30 days of tonight's decision
and that the liens be released upon submission of a building permit.
Mr. Levinson asked if this is compatible with the S.W. Neighborhood
Plan and commented that there are certain blocks which are designated multi-family and
some that are single-family. Mrs. Butler stated this particular lot is zoned single-family
under the S.W. Neighborhood Plan. Mr. Levinson asked if staff can add some more
words to the application that reads "this has been verified against the S.W. Neighborhood
Plan". Mrs. Butler stated this verbiage can be added to the staff report.
Ms. McCarthy moved to approve the request from Durante Realty to
reduce liens in the amount of $6,236.21 with payment in the amount of $8,643.12 (the
City's out-of-pocket costs) payable within 30 days fi.om today and that the liens are
released upon submission of a building permit, 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.
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01/06/04
9.F. PROPOSAL FOR SETTLEMENT IN CLARA OUTRAM v. CITY
OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of
$37,499.99 in Clara Outram v. City of Delray Beach. Staffrecommendation is denial.
Mr. Levinson moved to approve the settlement in Clara Outram v. City of
Delray Beach, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No; Mr. Costin -
No; Mrs. Archer - No. Said motion was DENIED with a 5 to 0 vote.
9.G. PROPOSAL FOR
SETTLEMENT/ENVIRONMENTAL
PROTECTION AGENCY (EPA): Consider a Proposal for Settlement in the amount of
$3,370.40 ($2,527.80 to be paid to the EPA and $842.60 to be paid to the City of Fort
Lauderdale) to be released from the lawsuit as a Potentially Responsible Party (PRP).
Staff recommendation is acceptance.
Mr. Costin moved to approve the proposal for settlement in the amount of
$3,370.40, 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.
9oH,
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD:
Appoint three (3) regular members and one (1) alternate member to the Code
Enfomement Board for a three (3) year term ending January 14, 2007. Based upon the
rotation system, the appointments will be made by Commissioner Costin (Seat #1),
Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and Commissioner
McCarthy (Seat g4).
Mr. Costin moved to reappoint David Hawke as a regular member to the
Code Enforcement Board for a three year term ending January 14, 2007, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes;
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
Mrs. Archer moved to reappoint Leonard Epstien as a regular member to
the Code Enforcement Board for a three year term ending January 14, 2007, 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.
Mr. Levinson moved to reappoint Glenn Schuster as a regular member to
the Code Enforcement Board for a three year term ending January 14, 2007, 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.
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01/06/04
Ms. McCarthy moved to reappoint Gilda Fernandez as an alternate
member to the Code Enfomement Board for a three year term ending January 14, 2007,
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.
9.I~ APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) member to the Neighborhood Advisory Council for Zone
One for an unexpired term ending October 31, 2005. Based upon the rotation system, the
appointment will be made by Commissioner Levinson (Seat #3).
Mr. Levinson stated he would like to defer his appointment to the meeting
of January 13, 2004.
9.J. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint
one (1) regular member to the Board of Adjustment for an unexpired term ending August
31, 2004. Based upon the rotation system, the appointment will be made by
Commissioner McCarthy (Seat #4).
Ms. McCarthy moved to appoint Mel Pollack as a regular member to the
Board of Adjustment for an unexpired term ending August 31, 2004, 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.
9.K. APPOINTMENTS TO THE PARKING MANAGEMENT
ADVISORY BOARD: Appoint four (4) members to the Parking Management Advisory
Board for various representations for a term ending January 31, 2006 and one (1) Citizen-
at-Large for an unexpired term ending January 31, 2005. Based upon the rotation systc~m,
the appointments will be made by Commissioner McCarthy (Seat #4), Mayor Perlman
(Seat #5), Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), and
Commissioner Levinson (Seat #3).
Ms. McCarthy moved to reappoint Vannessa Grant to the Parking
Management Advisory Board for a term ending January 31, 2006, 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.
Mayor Perlman stated he wished to reappoint Nancy Lierle to the Parking
Management Advisory Board for a term ending January 31, 2006. Mr. Costin so moved,
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.
Mr. Costin moved to appoint Jorge Ramos as a member to the Parking
Management Advisory Board for a term ending January 31, 2006, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
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01/06/04
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said
motion passed with a 5 to 0 vote.
Mrs. Archer moved to reappoint Joe Gillie, 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.
Mr. Levinson moved to appoint Troy Wheat as a citizen-at-large to the
Parking Management Advisory Board for a term ending January 31, 2005, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 6:40 p.m. the Commission moved to Item 12,
First Readings.
FIRST READINDGS:
12.A. ORDINANCE NO. 2-04: Privately initiated Future Land Use Map
(FLUM) Amendment from CMR (Commerce) in part and GC (General Commercial) in
part, to CMR (Commerce) and rezoning from MIC (Mixed Industrial and Commercial) in
part and GC (General Commercial) in part, to MIC (Mixed Industrial and Commercial)
for a 1.80 acre parcel of land known as Delray Depot (formerly the Train Station Depot
site), located at the northwest comer of West Atlantic Avenue and 1-95. If passed, a
quasi-judicial public hearing will be scheduled for February 3, 2004.
The caption of Ordinance No. 2-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE
LAND USE MAP DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM CMR (COMMERCE) IN
PART AND GC (GENERAL COMMERCIAL) IN PART TO
CMR (COMMERCE); ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; AND REZON1NG
AND PLACING LAND PRESENTLY ZONED MIC (MIXED
INDUSTRIAL AND COMMERCIAL) DISTRICT IN PART
AND GC (GENERAL COMMERCIAL) DISTRICT IN PART
TO MIC (MIXED INDUSTRIAL AND COMMERCIAL)
DISTRICT; SAID LAND BEING A PARCEL OF LAND
LOCATED AT THE NORTHWEST CORNER OF WEST
ATLANTIC AVENUE AND INTERSTATE-95 (FORMER
TRAIN STATION DEPOT), AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A
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GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTWE DATE.
(The official copy of Ordinance No. 2-04 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 property
contains the train depot which was listed in the National Register in September of 1986
and in the Local Register of Historic Places in October of 1988. These land development
applications have been submitted to allow the establishment of a private warehouse for
the storage of automobiles (no vehicle repair, sales or display) and private office space.
This use would be permissible under the proposed MIC zoning, but not under the current
GC zoning.
At its meeting of December 15, 2004, the Planning arid Zoning Board held
a public hearing in conjunction with the FLUM Amendment and Rezoning requests.
There was no public testimony regarding the request. After reviewing the staff report and
discussing the proposal, the Board unanimously voted 6-0 (Krall absent) to recommend
that the request be approved.
Mr. Costin moved to approve Ordinance No. 2-04 on FIRST 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.
12.B. ORDINANCE NO. 5-04: An ordinance rezoning from A (Agricultural)
to RM-8 (Medium Density Residential-8 dwelling units per acre) for a 1.69 acre parcel of
land for Highland Grove Estates located on the north side of Old Germantown Road
approximately 1,115 feet west of Homewood Boulevard. If passed, a quasi-judicial
public hearing will be scheduled for February 3, 2004.
The caption of Ordinance No. 5-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED A (AGRICULTURE ZONE)
DISTRICT TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8
DWELLING UNITS PER ACRE) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED ON THE NORTH
SIDE OF OLD GERMANTOWN ROAD, APPROXIMATELY
1,115 FEET WEST OF HOMEWOOD BOULEVARD, 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.
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01/06/04
office.)
(The official copy of Ordinance No. 5-04 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the applicant has
been submitted for a rezoning from A to RM-8. This application has been submitted with
the purpose of constructing a multiple-family residential development on the subject
properties.
At its meeting of December 15, 2003, the Planning and Zoning Board held
a public hearing in conjunction with the requested rezoning. Four (4) members of the
public spoke on the item and expressed concerns relating to traffic and compatibility with
the single-family dwellings in the area. After reviewing the staff report and discussing
the proposal, the Board unanimously voted 6-0 (Krall absent) to recommend that the
request be approved, based upon positive findings with respect to LDR Section
2.4.5(D)(5), LDR Section 3.1.1, LDR Section 3.2.2, LDR Section 4.4.6(1)(3) [that the
proposed density is appropriate based upon the FLUM designations of the surrounding
properties and prevailing development patterns] and the Goals, Objectives and Policies of
the Comprehensive Plan. Staff recommends approval of the request.
Mr. Costin moved to approve Ordinance No. 5-04 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 12.D. Ordinance No. 6-04.
12.D. ORDINANCE NO. 6-04: An ordinance amending Chapter 96, "Fire
Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation
Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical
transportation in accordance with the National American Fee Schedule. If passed, a
public hearing will be scheduled for February 3, 2004.
The caption of Ordinance No. 6-04 is as follows
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96,
"FIRE SAFETY AND EMERGENCY SERVICES", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL
TRANSPORTATION FEES", SUBSECTION 96.66(A), TO
ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL
TRANSPORTATION IN ACCORDANCE WITH THE
NATIONAL AMERICAN FEE SCHEDULE; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
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01/06/04
office.)
(The official copy of Ordinance No. 6-04 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Mr. Costin inquired as to how this relates to the City's actual cost. The
City Manager stated this does not come any where near covering the cost of operating the
Fire Department and this comprises 80% of their runs. The City Manager stated the City
is constrained by what Medicare will reimburse the City for and they are moving toward
a National fee schedule.
Mrs. Archer moved to approve Ordinance No. 6-04 on FIRST Reading,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes.
Said motion passed with a 5 to 0 vote.
12.E. ORDINANCE NO. 4-04: An ordinance mending the Land
Development Regulations Appendix A "Definitions" repealing the definitions for
Residential and Non-Residential Alcohol and Drug Abuse Treatment Facility and
enacting new definitions for Residential and Non-Residential Licensed Service Provider
and amending Sections 4.3.3(D), 4.4.6, 4.4.9, 4.4.13, 4.4.16, 4.4.17, 4.4.21, 4.4.24, and
4.6.9 to reflect the change in terminology. If passed, a public hearing will be scheduled
for February 3, 2004.
The caption of Ordinance No. 4-04 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 OF THE CITY OF DELRAY BEACH AS
FOLLOWS: AMENDING APPENDIX "A", "DEFINITIONS",
BY REPEALING THE DEFINITIONS OF "RESIDENTIAL
ALCOHOL AND DRUG ABUSE TREATMENT FACILITY"
AND "NON RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITY" AND ENACTING THE
DEFINITIONS OF "RESIDENTIAL LICENSED SERVICE
PROVIDER FACILITY" AND NON-RESIDENTIAL
LICENSED SERVICE PROVIDER FACILITY" TO CONFORM
TO CHANGES IN FLORIDA STATUTES; AMENDING
SECTIONS 4.3.3(D), 4.4.6, 4.4.9, 4.4.13, 4.4.16, 4.4.17, 4.4.21,
4.4.24 AND 4.6.9 TO REFLECT THE CHANGE IN
TERMINOLOGY FROM "RESIDENTIAL AND NON-
RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT
FACILITY" TO "RESIDENTIAL AND NON-RESIDENTIAL
LICENSED SERVICE PROVIDER FACILITY"; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
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01/06/04
(The official copy of Ordinance No. 4-04 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 the proposed
ordinance repeals the definitions for "Residential and Non-residential Alcohol and Drag
Abuse Treatment Facility" and enacts new definitions for "Residential and Non-
Residential Licensed Service Provider", changes the reference from "alcohol and drug
abuse treatment facilities" to "Licensed Service Provider Facilities" to be consistent with
the terminology of such facilities in State Statutes.
At its meeting of December 15, 2003, the Planning and Zoning Board held
a public hearing. There was a member of the public that had no objections to the
amendment, but recommended some grammatical changes to the ordinance. After
discussing the amendment, the Board voted 5-0 (Krall and Pike absent) to recommend to
the City Commission approval of the proposed amendment to the Land Development
Regulations regarding "Residential and Non-Residential Licensed Service Provider",
based upon positive findings with LDR Section 2.4.5(M).
Mrs. Archer moved to approve Ordinance No. 4-04 on FIRST Reading,
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.
At this point, the Commission moved to Item ll.A. Comments and
Inquiries on Non-Agenda Items from the City Manager.
ll.A.
Citw Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
At this point, Mr. Levinson inquired about how the recovery group is
progressing and asked if they are active. In response, Mrs. Archer stated they are in the
process of scheduling a seminar at the Community Center for those individuals operating
sober houses so they are aware of the City's roles and regulations. Mrs. Archer stated the
Police Department has established a communication with the organization and after the
seminar is held they will be in a position to put some pressure on individuals who are not
abiding by the City's ordinances. This will be tentatively scheduled for the second
weekend in February. Mr. Levinson commented about the Code of Conduct and asked
for the list of those that have signed on to the Code of Conduct. Mrs. Archer stated this is
currently with the Police Department and she would like to reserve the release of this
information on a public basis until after the seminar and commented she will get back to
the Commission about the exact date of the seminar.
At this point, the time being 6:50 p.m. the Commission took a short break.
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01/06/04
At this point, the time being 7:00 p.m. the Commission reconvened the
meeting and moved to the duly advertised Public Hearings portion of the Agenda.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 4%03: An ordinance rezoning from R-l-AA (Single
Family Residential) to RM-8 (Multiple Family Residential-Medium Density-8 dwelling
units per acre) for a 1.36 acre parcel of land known as Simmons Cay located on the west
side of State Road A-1-A (Ocean Boulevard) approximately 140 feet south of Vista Del
Mar Drive. Prior to consideration of passage of this ordinance on Second and FiNAL
Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial
Hearing)
The caption of Ordinance No. 47-03 reads as follows:
AN ORDiNANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY
RESIDENTIAL) DISTRICT TO RM-8 (MEDIUM DENSITY
RESIDENTIAL-8 DWELLING UNITS PER ACRE) DISTRICT;
SAID LAND BEING A PARCEL OF LAND LOCATED ON
THE WEST SIDE OF STATE ROAD A-1-A (OCEAN
BOULEVARD), APPROXIMATELY 140 FEET SOUTH OF
VISTA DEL MAR DRIVE, 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.
(The official copy of Ordinance No. 47-03 is on file in the City Clerk's
office.)
The City Clerk swore in those individuals who wished to give testimony
on this item.
Mayor Perlman asked the Commission to disclose any ex parte contacts.
No ex parte commnnications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2003-334 into the record.
Paul Dorling, Director of Planning and Zoning, stated the subject property
consists of all of the Simmons Cay plat and a portion of the Ocean Cay plat, and contains
1.5 acres (222 North Ocean Boulevard). The property was zoned RM (Medium Density
Residential) until 1992. The applicant's request is to change the zoning designation of
the property from R-l-AA (Single Family Residential) to RM (Medium Density
Residential). The proposed rezoning is requested as a prelude to the future development
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01/06/04
of the property as a multiple family residential project. The Planning and Zoning staff
reviewed the request and recommended application of a density suffix of eight units per
acre. This suffix would limit the maximum unit density to eight units per acre, which is
more appropriate given the surrounding prevailing land use patterns.
At its meeting of November 17, 2003, the Planning and Zoning Board held
a public heating in conjunction with the request. There were several people that spoke in
favor of the rezoning with the density suffix, including two representatives from the
Beach Property Owners' Association (BPOA). There were also some residents from the
Vista Del Mar subdivision to the north who spoke in opposition to the rezoning request
who felt that a maximum density of five or six units per acre was more appropriate. After
reviewing the staff report and discussing the proposal, the Board voted 6-0 (Kenneth
Peltzie absent) to recommend approval of the rezoning request from R-l-AA to RM-8
based on positive findings with respect to Chapter 3, LDR Section 3.2.2 (Standards for
Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals,
Objectives and Policies of the Comprehensive Plan, based on a finding that the proposed
density is appropriate based upon the Future Land Use Map designations of the
surrounding properties as well as the prevailing development pattern of the surrounding
area.
At this time, the applicant stepped forward to present his case:
Robert Simmons, 222 North Ocean Boulevard, Delray Beach (applicant),
stated the rear of the property faces some backyards of some homes that run parallel to
Ocean Boulevard and Vista Del Mar runs along the side of his property and the rear of
the properties (Vista Del Mar) are adjacent to the side of the property. Mr. Simmons
stated his property is not part of Vista Del Mar and the only contact is to the rear of the
homes. Furthermore, Mr. Simmons stated he does not feel there is going to be any
negative impact to their homes and feels it will be an improvement to the area.
Mayor Perlman declared the public heating open.
Ted Rauch, Vista Del Mar, stated his home is the second house in fi'om
A1A and his backyard abuts this property. Mr. Rauch stated the density on Vista Del
Mar is less than 3 units per acre and feels they residents could live with the zoning of
RM-5. Mr. Rauch entered photos into the record showing what the density of RM-8
would look like. He suggested that the Commission consider this property be zoned RM-
5 and expressed concern over the integrity of the neighborhood if this were zoned RM-8.
Kari Shipley, 1210 Vista Del Mar, Delray Beach (property adjacent to Mr.
Simmon's property) expressed concern over the density, height, drainage, and the dirt.
Andy Katz, 220 S. Ocean Boulevard, Delray Beach, expressed concern
over the proposed increase in density and stated whenever there is an increase in density
in or adjacent to a residential neighborhood he feels this changes the flavor of the
neighborhood. Mr. Katz stated in some cases this may be justified if it is for some civic
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01/06/04
good (i.e. affordable housing). Mr. Katz stated if the City approves a policy of favoring
increasing density it will only put greater economic pressure on all those lots for the
future.
Susan Hurlburt, 1230 Vista Del Mar, expressed concern over the density
and does not foresee any chance of this staying as single-family because of the previous
zoning and stated the neighborhood needs to be preserved.
Mr. Levinson moved to approve Ordinance No. 47-03 on Second and
FINAL Reading based upon the findings with respect to Chapter 3, LDR Section 3.2.2
(Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings),
and the Goals, Objectives and Policies of the Comprehensive Plan, based on a finding
that the proposed density is appropriate based upon the Future Land Use Map
designations of the surrounding properties as well as the prevailing development pattern
of the surrounding area, seconded by Mr. Costin. Upon roll call the Commission voted
as follows: Ms. McCarthy - Yes; Mayor Perlman - No; Mr. Costin - No; Mrs. Archer -
No; Mr. Levinson - Yes. Said motion FAILED with a 3 to 2 vote, Mayor Perlman, Mr.
Costin, and Mrs. Archer dissenting.
10.B. ORDINANCE NO. 20-03 (ADOPTION HEARING FOR
COMPREHENSIVE PLAN AMENDMENT 2003-02): Consider on second reading an
ordinance adopting Comprehensive Plan Amendment 2003-02 and associated Future
Land Use Map (FLUM) amendments, Amendment 2003-02 includes:
Redevelopment Plan for the Wallace Drive Industrial Area.
Amendments to the Text of the Comprehensive Plan include:
a) Modification of Future Land Use Element Policy C-2.3 to
reflect adoption of a Redevelopment Plan for
Redevelopment Area #2 (Wallace Drive Industrial Area).
b) Creation of Future Land Use Element Policy C-1.7 to
reflect completion of a Neighborhood Redevelopment Plan
for the Southwest Area.
Amendments to the Future Land Use Map include:
a) Future Land Use Map Amendment from TRN
(Transitional) in part and OS-C (Open Space-Conservation)
in part to MD (Medium Density Residential 5-12 du/ac) for
a 0.509 acre portion of the Delray Harbor Club
Condominium Development, located on the east side of
U.S. Highway 1, approximately 650' south of S.E. l0th
Street.
b) City initiated Future Land Use Map Amendment for
approximately 45.5 acres from RDA-2 (Redevelopment
Area #2) to CMR (Commeme) in part, IND (Industrial) in
part and CF-C (Community Facilities-Churches) in part for
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01/06/04
c)
the Wallace Drive Redevelopment Area.
City initiated Future Land Use Map Amendment from MD
(Medium Density Residential 5-12 du/ac) to GC (General
Commemial) for the following areas pursuant to the
adopted Southwest Area Neighborhood Redevelopment
Plan:
i. South of West Atlantic Avenue and north of S.W. 1st
Street, between S.W. 8th Avenue and S.W. 12th
Avenue
ii. East and west sides of S.W. 5th Avenue, south of
S.W. 1st Street
iii. Northwest comer of S.W. 1st Street and S.W. 4th
Avenue
The caption of Ordinance No. 20-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2003-2 PURSUANT
TO THE PROVISIONS OF THE "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTIONS
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 2003-2" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 20-03 is on file in the City Clerk's
office.)
Paul Dorling, Director of Planning and Zoning, stated the amendment
includes the Wallace Redevelopment Plan, two (2) City initiated Future Land Use Map
amendments, one (1) privately initiated Future Land Use Map amendment, and two (2)
minor text changes. In summary, the objections involved the need for additional data and
analysis to support the Future Land Use Map changes proposed within the Southwest
Neighborhood Area Redevelopment Plan and the Wallace Drive Redevelopment Plan.
Mr. Dorling stated the Planning and Zoning Board considered the ORC
Report at its December 15, 2004, meeting and unanimously voted 4-0 to recommend
adoption of Comprehensive Plan Amendment 2003-2.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 20-03,
the public hearing was closed.
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01/06/04
Mrs. Archer moved to adopt Ordinance No. 20-03, 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.
10.C. ORDINANCE NO. 48-03: An ordinance rezoning from POD
(Professional Office District) in part and CD (Conservation District) in part to RM
(Medium Density Residential) for a 0.509 acre portion of the Delray Harbor Club
Condominium Development located on the east side of U.S. Highway No. 1,
approximately 650 feet south of S.E. 10th Street. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held
at this time. (Quasi-Judicial Hearing)
The caption of Ordinance No. 48-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED POD (PROFESSIONAL AND
OFFICE) DISTRICT IN PART, AND CD (CONSERVATION)
DISTRICT IN PART TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL
OF LAND LOCATED ON THE EAST SIDE OF U.S.
HIGHWAY NO 1, APPROXIMATELY 650 FEET SOUTH OF
SE 10TH STREET, 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.
(The official copy of Ordinance No. 48-03 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
No one came forward to be sworn in by the City Clerk.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, stated this is the
accompanying rezoning that accompanies the land use amendment on 2003-2. In order to
accommodate the proposed improvements, the applicant proposed to rezone the property
fi.om POD (Professional and Office District) in part and CD (Conservation District) in
part to RIM (Multiple Family Residential).
At its meeting of July 21, 2003, the Planning and Zoning Board held a
public hearing in conjunction with the Rezoning and FLUM amendment requests. After
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01/06/04
reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0
(Sowards stepped down; Woehlkens and Morris 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.
Mayor Perlman declared the public heating open. There being no one
who wished to address the Commission regarding Ordinance No. 48-03, the public
hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 48-03 on Second and
FINAL 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.
10.D. ORDINANCE NO. 49-03: An ordinance rezoning fi.om R-1-A (Single
Family Residential) to LI (Light Industrial) for parcels of land located on the east side of
Wallace Drive, south of S.W. l0th Street; and, rezoning from I (Industrial) to MIC
(Mixed Industrial and Commercial) for two parcels of land located 100 feet east of
Tangelo Terrace, between Poinsettia Drive and Georgia Street in conjunction with the
Wallace Drive Redevelopment Plan. Prior to consideration of passage of this ordinance
on Second and FINAL Reading, a public hearing has been scheduled to be held at this
time. (Quasi-Judicial Hearing)
The caption of Ordinance No. 49-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
CERTAIN PARCELS OF LAND, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM R-i~A (SINGLE FAMILY
RESIDENTIAL) DISTRICT TO LI (LIGHT INDUSTRIAL)
DISTRICT; AND, FROM I (INDUSTRIAL) DISTRICT TO MIC
(MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; ALL
REQUIRED TO IMPLEMENT THE WALLACE DRIVE
REDEVELOPMENT PLAN; SAID PARCELS OF LAND
LOCATED ON THE SOUTH SIDE OF SW 10TM STREET,
BETWEEN WALLACE DRIVE AND SW 9TM AVENUE; AND,
WEST OF LIME LANE, BETWEEN GEORGIA STREET AND
POINSETTIA DRIVE, 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.
(The official copy of Ordinance No. 49-03 is on file in the City Clerk's
office.)
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01/06/04
The City Attorney read the caption of the ordinance.
No one came forward to be sworn in by the City Clerk.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Doffing, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2003-289 and #2003-290 into the record.
Mr. Dorling stated at its meeting of July 21, 2003, the Planning and
Zoning Board held a public heating in conjunction with the FLUM amendment and
Rezoning requests. After reviewing the staff report and discussing the proposal, the
Board unanimously voted 5-0 (Woehlkens and Morris absent) to recommend that the
FLUM Amendment and Rezoning 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 3.2.2
(Standard for Rezoning Actions, LDR Section 2.4.5(D)(5) (Rezoning Findings) and the
Goals, Objectives, and Policies of the Comprehensive Plan. Staff recommends approval
of the request.
Mr. Levinson moved to adopt Ordinance No. 49-03 on Second and
FINAL Reading, 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.E. ORDINANCE NO. 50-03: An ordinance rezoning from RM (Medium
Density Residential) to GC (General Commercial) for the following areas pursuant to the
adopted Southwest Area Neighborhood Redevelopment Plan:
1. South of West Atlantic Avenue, north of S.W. 1st Street, between S.W.
8th Avenue and S.W. 12th Avenue.
2..:. East and west sides ofS.W. 5th Avenue, south ofS.W. 1st Street.
3~ Northwest comer ofS.W. 1st Street and S.W. 4th Avenue.
(Quasi-Judicial Hearing)
The caption of Ordinance No. 50-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLAC1NG
CERTAIN PARCELS OF LAND PRESENTLY ZONED RM
(MEDIUM DENSITY RESIDENTIAL) DISTRICT TO GC
(GENERAL COMMERCIAL) DISTRICT; ALL AS REQUIRED
TO IMPLEMENT THE SOUTHWEST NEIGHBORHOOD
REDEVELOPMENT PLAN; SAID PARCELS OF LAND
LOCATED SOUTH OF WEST ATLANTIC AVENUE (AND
NORTH OF NW 1ST STREET) BETWEEN SW 8TH AVENUE
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01/06/04
AND SW 12TH AVENUE; EAST AND WEST SIDES OF SW
5TH AVENUE, SOUTH OF SW 1ST STREET; AND, THE
NORTHWEST CORNER OF SW 1ST STREET AND SW 4TH
AVENUE, 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.
(The official copy of Ordinance No. 50-03 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
The City Clerk swore in those individuals who wished to give testimony
on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mayor Perlman stated he had a conversation with Joe Gray
(Consultant). Mr. Levinson, Ms. McCarthy, Mr. Costin, and Mrs. Archer had no ex parte
communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2003-291 and #2003-292 into the record.
Mr. Dorling stated this is also the rezoning associated with the land use
changes. Mr. Dorling reiterated that the changes are from RM (Medium Density
Residential) to GC (General Commercial). Mr. Dorling stated this item also went before
the Planning and Zoning Board in July and was held in abeyance awaiting approval of the
Comprehensive Plan amendment. The Planning and Zoning Board unanimously
recommended approval.
Mayor Perlman declared the public heating open.
Joe Gray, JD Associates (Planning Consultant for the S.W.
Redevelopment Plan), encouraged the Commission to approve the request and stated
there was a strong community sentiment for the neighborhood serving commercial
activity. He stated the Plan includes a transitional area between the commercial district
and single-family residential area with mixed use, residential office, and multi-family
development in that area.
There being no one else who wished to address the Commission regarding
Ordinance No. 50-03, the public hearing was closed.
Mr. Dorling stated at the first reading of this ordinance, there was a
request to identify the CRA owned properties with respect to these properties, which was
provided in the backup.
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01/06/04
Mrs. Archer moved to adopt Ordinance No. 50-03 on Second and FINAL
Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs.
Archer Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Costin - Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 1-04 {FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Land Development Regulations Section 4.4.26 LI
(Light Industrial) District and Article 4.5 "Overlay and Environmental Management
Districts" relating to the Wallace Drive Area Redevelopment Plan. If passed, a second
public hearing will be scheduled for February 3, 2004. Prior to consideration of passage
of this ordinance on First Reading/First Public Hearing, a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 1-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION
4.4.26, "LIGHT INDUSTRIAL (LI) DISTRICT, SUBSECTION
4.4.26 (F), "DEVELOPMENT STANDARDS" AND
SUBSECTION 4.4.26(H), "SPECIAL DISTRICT
REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO
PROVIDE FOR THE WALLACE DRIVE OVERLAY
DISTRICT; AMENDING ARTICLE 4.5, "OVERLAY AND
ENVIRONMENTAL MANAGEMENT DISTRICTS", OF THE
LAND DEVELOPMENT REGULATIONS, BY ENACTING
SECTION 4.5.8, "THE WALLACE DRIVE OVERLAY
DISTRICT", TO DEFINE AND ESTABLISH SAID OVERLAY
DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 1-04 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 the Overlay District
creates some standards which are consistent with the MIC for that area on the east side of
Wallace Drive rezoned from R-1-A (Single Family Residential). The Overlay District
increases the front setback for the LI district from 10 feet to 25 feet and incorporates the
development standards of the MIC zone with respect to minimum development area, lot
size, lot dimensions and tenant space requirements.
At its meeting of December 15, 2003, the Planning and Zoning Board held
a public hearing regarding this item at its meeting of December 15, 2003, the Board voted
5-0 (Pike and Krall absent) to recommend approval of the proposed text amendment,
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01/06/04
based upon positive findings with respect to LDR Section 2.4.5(M).
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 1-04, the public hearing
was closed.
Mr. Costin moved to approve Ordinance No. 1-04 on First Reading/First
Public Heraing, 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.
10.G. ORDINANCE NO. 3-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending the Land Development Regulations Appendix A
"Definitions" to amend the definition of adult entertainment establishment to provide for
the inclusion of Adult Novelty Stores and to provide a definition of Adult Novelty Stores.
If passed, a second public hearing will be scheduled for February 3, 2004. Prior to
consideration of passage of this ordinance on First Reading/First Public Hearing, a public
hearing has been scheduled to be held at this time.
The caption of Ordinance No. 3-04 is as follows:
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 APPENDIX "A", BY AMENDING THE
DEFINITION OF "ADULT ENTERTAINMENT
ESTABLISHMENT" IN ORDER TO PROVIDE FOR THE
INCLUSION OF ADULT NOVELTY STORES IN THE
DEFINITION OF ADULT ENTERTAINMENT
ESTABLISHMENT AND ENACTING A DEFINITION OF
ADULT NOVELTY STORE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 3-04 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 at its meeting of
December 15, 2003, the Planning and Zoning Board held a public hearing regarding this
item and after discussing the amendment the Board voted 5-0 (Krall and Pike absent) to
recommend approval of the proposed amendment to Appendix "A" "Definitions" to
amend the definition of Adult Entertainment Establishment and to provide a definition of
Adult Novelty Stores, based upon positive findings with LDR Section 2.4.5(M). There
was a member of the public who had a concern that the ordinance only related to
businesses that are operated for commercial gain and did not include non-profit
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01/06/04
organizations. He also expressed concern with the definition of Adult Novelty Store
where it states "specified sexual activities". The concerns raised have been discussed
with the City Attorney's office and no changes are proposed as the proposed ordinance is
consistent with the Palm Beach County ordinance which defines "commercial gain" and
"specified sexual activities".
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 3-04,
the public heating was closed.
Mr. Levinson moved to adopt Ordinance No. 3-04 on First Reading/First
Public Heating, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.H. RESOLUTION NO. 79-03: Consider approval of Resolution No. 79-03
authorizing the City to sell property known as the current library site, Contract for Sale
and Purchase between the City and the Delray Beach Community Redevelopment
Agency (CRA), and Acceptance of the Tripartite and Interlocal Agreement and
Amendment No. 1 and Amendment No. 2. Prior to consideration of passage of this
resolution, a public heating has been scheduled to be held at this time.
The caption of Resolution No. 79-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
SALE, PURCHASE, EXCHANGE AND LEASE OF CERTAIN
REAL PROPERTY LOCATED IN PALM BEACH COUNTY,
FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE TRIPARTITE
AND INTERLOCAL AGREEMENT AND AMENDMENT NO.
1 AND AMENDMENT NO. 2 THERETO AND LEASE,
WHICH CONTAIN THE TERMS AND CONDITIONS OF
THE SALE, PURCHASE, EXCHANGE AND LEASE OF
REAL PROPERTY BETWEEN THE CITY OF DELRAY
BEACH, FLORIDA, THE DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY, AND THE DELRAY BEACH
PUBLIC LIBRARY ASSOCIATION, INC.
office.)
(The official copy of Resolution No. 79-03 is on file in the City Clerk's
Due to a conflict of interest, Mayor Perlman stepped down and passed the
gavel to Vice Mayor Levinson.
Vice Mayor Levinson declared the public heating open. There being no
one from the public who wished to address the Commission regarding Resolution No. 79-
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01/06/04
03, the public hearing was closed.
Mrs. Archer moved to approve Resolution No. 79-03, seconded by Mr.
Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer
- Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4
to 0 vote.
At this point, Mayor Perlman returned to the dais.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items.
11__:.
Comments and Inquiries on Non-Agenda Items from the Public.
ll.B.
From the Public.
ll.B.1. Jay Slavin~ 2601 N.W. l0th Streeh Delra¥ Beach~ commented about the
library proposal and stated a fountain is being proposed for the front in addition to the
caf6. Mrs. Slavin suggested that the front of the fountain be changed to an art sculpture.
Mrs. Slavin stated on the east side of the proposed library is a children's division and she
commented about a sculpture at the Boca Raton Hotel and Country Club of a group of
children holding hands and suggested that staff try and obtain a copy of this. Mrs. Slavin
stated she has talked to three public groups and the reception has been overwhelming and
it appears most of the people would rather have the art and the sculpture instead of the
fountain. Mrs. Slavin urged the Commission to support her idea in concept only.
ll.B.2. Alice Finsh 707 Place Tavant~ Delra¥ Beach, representing Progressive
Residents of Delray Beach (PROD), stated they would like to know what happened with
the model of the proposed library that was supposed to be presented to the public
November 15, 2003. Mrs. Finst asked the Commission to follow up with this and make
every attempt to find the model.
Secondly, Mrs. Finst commented about the simple solution of protecting
our quality of life and stated PROD's position is that safety is the number one issue on
A1A and they feel this is a safety issue not a historic roadway or landscaping issue. Mrs.
Finst stated PROD would like the City to proceed as quickly as possible and do whatever
it takes to get the bicycle paths.
Mrs. Finst stated she has been tracking the sign code revision contract and
commented it was presented to the Beach Merchant's Association on December 17, 2003
and was also presented to SPRAB as a presentation. Mrs. Finst suggested since SPRAB
enforces and looks at the designs that are featured with regard to the sign code schedule
that SPRAB should not only review it but should have it on the agenda for public review.
Mrs. Finst stated there is no schedule to put this before the Neighborhood Advisory
Council. Mrs. Finst stated she would like to see the sign code included on the agenda
under presentations before it gets to Planning and Zoning and the City Commission. She
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01/06/04
feels everyone needs to be a part of this especially SPRAB and the Neighborhood
Advisory Council in order to review it as to how it affects the neighborhoods.
ll.B.3. Jim Smith~ 1225 S. Ocean Boulevard~ Delray Beach~ stated the
upcoming Bond Issue is more of an investment in the future quality of life then it is a tax
increase. Mr. Smith stated the entire community will benefit from the Bond Issue and he
encouraged everyone to vote "Yes" on every issue.
ll.B.4. Jeff McKee~ 3220 Jasmine Court~ Delra¥ Beach~ stated he has a floating
structure in the canal behind his home which he keeps a kayak and a small motor boat
attached. He commented he was cited by the Code Enforcement Board for this. Mr.
McKee stated he did some research and went to three canals in his neighborhood and
found nine floating docks similar to his. Mr. McKee stated he was advised by the Code
Enforcement Board to present this to the Commission and suggested the City review the
laws and that they be rewritten as to how these structures are put in. Mr. McKee feels if
the structure is not in compliance then Code Enforcement should cite all floating docks
and not just his.
Mr. Levinson stated the City does not need a new rule but instead needs to
enforce the Code currently in place.
The City Attorney stated the situation Mr. McKee finds himself under is
covered by the City Code. However, the City Attorney stated the issue is whether the
Commission would like to review the Code and make any changes to it.
The City Manager stated the Community Improvement staff can review
the City Code and see if it needs to be clarified.
Mr. McKee asked that the City Code be revisited and possibly rewritten
with regard to floating structures. Mr. McKee stated if this is properly enforced and
everyone has to remove their floating docks then he does not have a problem with this.
However, Mr. McKee expressed concern that this is currently not being enforced equally.
ll.B.5. Dr. Joe Finley~ 3031 Jasmine Cour~ Delra¥ Beach {neighbor of Mr.
McKee) expressed concern that Mr. McKee is reluctant to abide by the law and urged the
Commission to enforce the Code and that it not be altered.
ll.B.6. Lloyd Milner~ 919 Jasmine Drive~ Deira¥ Beach~ stated it is important
that the ordinances written are enforced and he feels the Code needs to be clarified.
At this point, the time being 8:25 p.m., the Commission moved back to the
Regular Agenda.
9.B. ADULT ARCADES: Consider initiating a moratorium process regarding
"Adult Arcades".
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01/06/04
The City Attomey stated this item is a request to ask the Commission
whether or not they would like to initiate an ordinance regarding a moratorium on Adult
Arcades. Although the ordinance would have to go through the normal process, the City
Attorney stated it would help to start the process. The City Attorney stated there is some
litigation issue regarding Adult Arcades and whether or not the activities constitute
gambling. The City Attorney stated this will come back to the Commission in
approximately four (4) months for a first and second reading.
Mr. Levinson moved to authorize to proceed initiating a moratorium
regarding "Adult Arcades", seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.C. CONDITIONAL USE REQUEST/SPINNERS ARCADE: Consider a
request for conditional use approval to allow the establishment of a coin operated
amusement game facility to be known as Spinners Arcade to occupy three (3) bays within
the Boca Ray Plaza, (4900 Linton Boulevard, Suite #33) located at the southeast comer
of Linton Boulevard and Military Trail. (Quasi-JudiciaiHearing)
The City Clerk swore in those individuals who wished to give testimony
on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mr. Levinson, Ms. McCarthy, Mr. Costin, and Mrs. Archer spoke with
Michael Weiner. Mayor Perlman had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-048 into the record.
Mr. Dorling stated this is a Conditional Use request to establish a coin
operated amusement facility. At this time, the applicant is proposing no upgrades. The
facility would occupy 4,200 square feet (3 out parcels) within the Boca Ray Plaza Center
located at the southeast comer of Military Trail and Atlantic Avenue. Mr. Dorling stated
the applicant is proposing no exterior upgrades to the building, landscaping, or parking
areas. The hours of operation are requested to be from 9:00 a.m. to 11:00 p.m., seven
days a week.
At its meeting of December 15, 2003, the Planning and Zoning Board held
a public hearing in conjunction with the request and after lengthy discussion the Board
recommended approval subject to conditions which include:
That an attendant be provided during hours of operation.
That the hours of operation be limited to 9:00 a.m. to 11:00 p.m., seven
days a week.
That no one under 21 years of age shall be allowed in the establishment.
That should the courts determine that the use of the machines are not
exempt from Florida's prohibition as gambling, the conditional use will
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01/06/04
become null and void.
That the consumption of alcohol be prohibited on the premises.
Staffrecommends approval subject to the above listed conditions.
Michael Weiner, Attorney speaking on behalf of Spinners, gave a brief
presentation and presented samples of what the arcade looks like in Davie. Mr. Weiner
stated the machines look like slot machines; however, the machines are different because
there is a level of skill involved. Mr. Weiner stated the Conditional Use requirements are
divided into two parts; one being an analysis under Chapter 3 and an analysis under LDR
Section 2.4.5. Mr. Weiner stated there is a positive report from the Planning and Zoning
staff and the Planning and Zoning Board and this is substantial competent evidence to be
met for the purposes of proving that the Conditional Use is deserved. Mr. Weiner stated
the first condition has to do with the appropriate designation; the second is to do with
concurrency, and compliance with the Comprehensive Plan. With respect to the
conditions, Mr. Weiner stated he agrees with all the conditions including the additional
condition that there be no consumption of alcohol. Mr. Weiner stated if this particular
use is declared illegal under the State law then the Conditional Use will end. Mr. Weiner
encouraged the Commission to vote in favor of this Conditional Use request.
Mr. Costin asked how does the City license the establishment and/or
license each machine. In response, Mr. Dorling stated he believes the City has a
games/amusements category under a single entity.
Mrs. Archer asked what type of skill is involved. In response, Mr. Weiner
stated the machines are set up different than slot machines for the purposes of allowing a
person to actually get better at the game if they desire. There is a "skill" button where
someone can stop the wheels on the machine and therefore improve their scores and get
more tickets for the purposes of redemption.
Pr/or to the vote, Mayor Perlman stated with regard to LDR Section 2.4.5
he feels this will hinder the development and redevelopment of nearby properties.
Mr. Levinson moved to approve the Conditional Use request for Spinners
with the attached five (5) conditions 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 policies of the Comprehensive Plan, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - No; Mr. Costin - Yes. Said
motion passed with a 4 to 1 vote, Mayor Perlman dissenting.
At this point, the Commission moved to Item 12.C. Ordinance No. 7-04.
12.C. ORDINANCE NO. 7-04: An ordinance rezoning from POC (Planned
Office Center) to RM-11 (Multiple Family Residential-Medium Density-11 dwelling
units per acre) for a 5.04 acre parcel of land to be known as Atlantic Palms located on the
south side of West Atlantic Avenue, approximately 140 feet east of Whatley Road. If
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01/06/04
passed, a quasi-judicial public hearing will be scheduled for February 3, 2004.
The caption of Ordinance No. 7-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED POC (PLANNED OFFICE CENTER)
DISTRICT TO RM- 11 (MEDIUM DENSITY
RESIDENTIAL-11 DWELLING UNITS PER ACRE)
DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED ON THE SOUTH SIDE OF WEST
ATLANTIC AVENUE, APPROXIMATELY 140 FEET
EAST OF WHATLEY ROAD, 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.
office.)
(The official copy of Ordinance No. 7-04 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
The City Attorney recommends that the Commission waive the LDR
section that prohibits applying for a rezoning more than once every six months.
Mrs. Archer moved to accept an amendment to waive the LDR Sections
regarding prohibiting a rezoning within six (6) months and requesting that this be brought
back to the Commission and that there will be appropriate advertising in the furore,
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.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager had no comments and inquiries on non-agenda items.
13.B. City Attorney.
The City Attorney had no comments and inquiries on non-agenda items.
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01/06/04
13.C. City Commission.
13.C.1. Mrs. Archer
Mrs. Archer stated she had the opportunity to attend the Dedication of the
Habitat for Humanity houses in December and it was very exciting.
Secondly, Mrs. Archer commented about a notification she received for
floating classroom cruises from Veteran's Park teaching basic navigation.
Mrs. Archer stated at the Prayer Breakfast tomorrow morning Angela
Buckner (student Seacrest Presbyterian School) will be giving the invocation for youth.
13.C.2.
Commissioner Costin
Mr. Costin commented about First Night and stated this was a fabulous
event. In addition, Mr. Costin stated he is very proud of the community that this event
was so successful.
13.C.3.
Commissioner McCarthy
Ms. McCarthy stated First Night was well attended and commended
everyone involved for putting together such a great event and for keeping everyone safe
and secure as well.
13.C.4.
Commissioner Levinson
Mr. Levinson stated with regard to the holiday events, not only was the
First Night event great but the Tree at Old School Square was very well received. Mr.
Levinson stated it was exciting to see the entertainment and retailers doing so well.
Secondly, Mr. Levinson announced that it was the 200th Anniversary of
the Haitian Independence Day on January 1, 2004 and he suggested the City
acknowledge this in some way although it is after the fact.
Mr. Levinson commented about the Meinke Muffler store located on
South Federal Highway and stated the owner wanted to convert this to a retail furniture
store and was told he could not do this unless he made several modifications to the
structure. Mr. Levinson stated he drove by a few days after this and the owner opened
the retail furniture store placing furniture and signage outside. Mr. Levinson stated he
reported this to the Code Enfomement division and everything has been taken care of.
However, Mr. Levinson suggested that a letter be sent to the individual responsible
explaining that just because something is denied b the Commission this does not mean
someone can do whatever they want to. Mr. Levinson stated it was inappropriate and
disgraceful that this was done.
- 33 -
01/06/04
Mr. Levinson stated he is a little unclear about the conversation regarding
the floating dock and commented the Code Enforcement Board gave Mr. McKee a 90
day deferral of enforcement before they enact a fine. The City Manager stated staff will
review the ordinance and see how it applies.
13.C.5.
Mayor Perlman
Mayor Perlman stated this was one of the best holiday seasons ever.
Mayor Perlman stated First Night was great and he commended staff for doing a great
job.
Secondly, Mayor Perlman stated a student from the Village Academy who
performed in the Christmas Pageant died of an asthma attack the next day. Mayor
Perlman stated the family did not have proper clothing for the funeral and he commended
Officer Jeff Messer and Officer Jeff Miller because within one hour they had provided
clothing for the entire family which was donated by a local merchant.
Mayor Perlman commented about the Skate Park at the "505" Teen Center.
and stated it is great amenity that people can use at no cost. Mayor Perlman stated the
addition of the Skate Park has helped to integrate the entire Teen Center.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:50 p.m.
ATTEST:
City Clerk
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 January 6, 2004, which Minutes were formally approved and adopted by the City
Commission on
City Clerk
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01/06/04
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.
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01/06/04
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME--FIRST NAME--MIDDLE NAME
Perlman, Jeffrey Z.
971 Delray Lakes Drive
Delrav Beach, Florida 33444 Patm,~B~acD
01/06/04
Delra¥ Beach City Commission
~CJTY O COUNTY O O*~ER LOCH. AGENCY
WHO MUST FILE FORM 8B
This form is for use by any parson sewing at the county, city, or other local level of govemment on an appointed or elected board, council,
commission, authority, or committee. It applies equally to membem of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your reaponsibllitios under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the mverss side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A parson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a rneseum which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a rose-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organV, ation or subsidiary of a corporate principal by which he or she is retained); to the spacial private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commlssionem of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officem of independent special tax districts elected on a one-acre, one-vota basis am not prohibited from voting in that
For puq~osea of this law, a "relative" includea only the officer's father, mother, sen, daughter, husband, wife, brother, sister, father-in-law,
mother4n-law, son-in-law, and daughtar-ln-taw. A "business associate" means any parson or entity engaged In or carrying on a business
enterprise with the officer as a ppadner, joint verdumr, couwuer of proparty, or corpumte shareholder (where the shams of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In edditlon fo abstaining f~om voting in the situations dascdhed above, you must discioea the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating fo the assembly the nature of your interest in the measure on which you
are ab~telnthg from yotthg; and
WITHIN 15 DAYS APl I=R THEVOTE OCCURS by completing and filing this form with the parson responsible for recording the min-
utes d the meeting, who should Incoqx~a!e the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must dlsc~oea the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TN~EN:
· You must COml:~eta and file this form (before making any attempt to influence the decision) with the parson responsible for re~ the
minutes of the meeting, who will Incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
Ollo o
PAGE 1
APPOINTED OFFICERS (continued)
· A COpy of tim form must be provided immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the fom~ is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must discleee orally the nature of your conflict in the measure before parlicipating.
· You must complete the form and file it within 15 days after the vote occurs with the pomon responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other membsm of the
agency, and the form must he read publicty at the next meeting after the form is tiled.
DISCLOSURE OF LOCAL OFFICER°S INTEREST
I, Jeffrey Z. Perlman , hereby disclose that on January 6, ~ r
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
~ Inured to the special gain or loss of my business associate,
~ inured to the apecial gain or loea of my relatlve, Diane Colonna
__ Inured to the special gain or loss of
whom I am retained; or
__ inured to the spectat gain or less of
Is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
,2004 :
Diane Colonna, my wife, is director of the Community Redevelopment
Agency (CRA). I have a Conflict Voting on items that directly
affect the Community Redevelopment Agency.
Da~ F~d
01/06/04
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000 PAGE 2
JANUARY 13~ 2004
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, January 13, 2004.
1. Roll call showed:
Present-
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were -
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Barbara Garito, City Clerk
Mayor Perlman announced John Jones who was a voltmteer marine patrol
passed away last week. In addition, the Assistant Chief of Protocol for the U.S. State
Department and resident of Delray Beach passed away two days ago. Therefore, Mayor
Perlman stated he would like to dedicate the Invocation this evening in their memory.
2. The opening prayer was delivered by Pastor Jean Lyonel with Light of
Hope Tabernacle Church of Delray Beach.
given.
The Pledge of Allegiance to the flag of the United States of America was
AGENDA APPROVAL.
The City Attorney there is a modified agreement for Item 8.G.,
Landscape Agreement/Dave Bodker Landscape Architecture/Planning~ Inc.fLinton
Boulevard.
Mayor Perlman noted the addition of Item 9.K., Special
Meeting/January 22~ 2004 to the Regular Agenda by addendum.
Mayor Perlman stated he would like to move Item 8.I., Resolution No. 5-
04 to the Regular Agenda as Item 9.A. 1.
Mr. Levinson requested that Item 8.E., Granting of Easement
Deed/Lake Worth Drainage District be moved to the Regular Agenda as Item 9.A.2.
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01/13/04
Mr. Levinson moved to approve the Agenda as amended, 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.
APPROVAL OF MINUTES:
None.
PROCLAMATIONS:
At this point, Mayor Perlman introduced Jamie DeVoursney (age 9) who
attends third grade at Unity School of Delray Beach. Jamie won a day with Mayor
Perlman in an auction and was selected to student shadow him this evening.
Calling for the First Nonpartisan Election to be held on March 9~ 2004
Mayor Perlman read and presented a proclamation hereby calling for the
First Nonpartisan Election to be held on Tuesday, March 9, 2004, between the hours of
7:00 a.m. and 7:00 p.m., at all the precincts and polling places in the City of Delray
Beach as designated by the Supervisor of Elections.
PRESENTATIONS:
7oAo
NW/SW 5th Avenue Preliminary Design Presentation
Richard Hasko, Director of Environmental Services, stated CH2M Hill is
the City's Consultant for the NW/SW 5th Avenue project and introduced the following
individuals:
Richard Staudinger, Project Director with CH2M Hill, stated CH2M Hill
is doing the Streetscape/Infrastructure Improvements for NW/SW 5th Avenue and
introduced Diane Borchardt, Project Manager with CH2M Hill.
Diane Borchardt, Project Manager with CH2M Hill, gave a brief
presentation and overview th
for the preliminary design for the NW/SW 5 Avenue Project.
Mrs. Borchardt stated the entire sidewalk will cost approximately
$220,000 which would include Terrazzo the entire length of the three block corridor on
both sides of the street except for the driveways. Mrs. Borchardt stated the City would
have to decide whether they want the entire length of the corridor to include Terrazzo or
just portions of it.
Mr. Staudinger stated a regular sidewalk costs approximately $2.00 per
square foot, pavers (as like what has been done along Atlantic Avenue) costs
approximately $8.00 per square foot, and Terrazzo costs approximately $12.00 per square
foot. Mr. Staudinger stated the reason the Terrazzo is a little more expensive is because a
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01/13/04
full sidewalk section is completed underneath and this becomes labor intensive and a
very beautiful overlay goes on top of it.
Ms. McCarthy stated she will be out of town and therefore will not be able
to attend the meeting on Thursday. Ms. McCarthy stated a fair amount of money was
spent in putting down the pavers on the sidewalks. In other areas of the City, Ms.
McCarthy stated people have actually purchased paver bricks for a particular price and
suggested that these bricks be moved somewhere else if indeed the Terrazzo were to be
put in. Ms. McCarthy stated people in the community may want to pumhase these paver
bricks and have a name put on them to raise some additional dollars for the Terrazzo
because the idea of the Terrazzo sidewalks came from the citizens because of their
difficulty walking on the sidewalks in high-heels or due to any physical limitations they
may have.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 6-04: Approve Resolution No. 6-04 assessing costs
for the demolition of an unsafe structure located at 217 N.W. 9th Avenue.
The caption of Resolution No. 6-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR
AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING
FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 6-04 is on file in the City Clerk's
office.)
8.B. RESOLUTION NO. 7-04: Approve Resolution No. 7-04 assessing costs
for the demolition of an unsafe structure located at 133 N.E. 7th Avenue.
The caption of Resolution No. 7-04 is as follows:
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01/13/04
office.)
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR
AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVDING
FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 7-04 is on file in the City Clerk's
8.C. RESOLUTION NO. 8-04: Approve Resolution No. 8-04 assessing costs
for abatement action required to remove nuisances on nine (9) properties throughout the
City.
The caption of Resolution No. 8-04 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. 8-04 is on file in the City Clerk's
office.)
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01/13/04
8.D. ACCEPTANCE OF EASEMENT DEED/LINCOLN PARK AT
DELRAY L.L.C.: Approve and accept an easement deed from Lincoln Park at Delray,
L.L.C. for public utilities located near Laver's Circle.
8ogo
AS 9.A.2.
8.F.
THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
GRANTING OF RIGHT-OF-WAY DEED/PALM BEACH
COUNTY: Approve the City granting a twelve (12) foot right-of-way to Palm Beach
County from the Bexley Park property, located adjacent to Military Trail just north of the
L-31 canal, to be used for a right hand turn lane.
8.G. LANDSCAPE AGREEMENT/DAVE BODKER LANDSCAPE
ARCHITECTURE/PLANNING~ INC./LINTON BOULEVARD: Approve an
agreement in the amount of $22,275.00 to Dave Bodker Landscape
Architecture/Planning, Inc. to provide landscape architectural services for Linton
Boulevard, between Congress Avenue and Military Trail. Funding is available from 119-
4151-572-63.20 (Landscaping/Beautification).
AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO
HANDLE/ CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND
REPRESENT THE CITY AT LOGIC AND ACCURACY TESTS FOR THE
FIRST NON-PARTISAN ELECTION: Authorize the Palm Beach County Supervisor
of Elections to handle and canvass the City's absentee and provisional ballots for the
March 9, 2004 First Non-Partisan Election, and represent the City at the requisite Logic
and Accuracy tests.
THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A. 1.
8.J. PUBLIC ARTS IMPLEMENTATION COMMITTEE: Approve the
Master Plan process as presented and outlined at the December 9, 2003 City Commission
Meeting and reauthorize the loan of $15,600.00. Funding is available from 115-1702-
579-31.90 (Other Professional Services).
8.IC SPECIAL EVENT REQUEST/DELRAY AFFAIR: Approve a special
event request from the Chamber of Commerce to allow the Delray Affair to be held on
April 16-18, 2004; including a temporary use permit per LDR Section 2.4.6(H) for street
closures of Atlantic Avenue from NW/SW 1st Avenue to the Intracoastal Waterway and
blocking access to Atlantic Avenue on each side street in this area at the alley running
parallel to Atlantic Avenue; waiver of LDR Section 4.6.7(D)(3)(j)(ii) to allow event
signage to be placed more than one week prior to event, staff support for security and
traffic control, contingent upon specified staff recommended exceptions contained in
1/8/04 memo and the receipt of a hold harmless agreement and certificate of liability
insurance.
- 5 -
01/13/04
8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period January 5, 2004 through January 9, 2004.
AWARD OF BIDS AND CONTRACTS:
None.
Mr. Levinson moved to approve the Consent Agenda as amended,
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.
REGULAR AGENDA:
9.A. 1. RESOLUTION NO. 5-04:
Approve Resolution No. 5-04 to extend the Public Arts Implementation Committee
through June 2004 and to empower the Committee to assist the City with Public Art
Projects.
The caption of Resolution No. 5-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REPLEALING
RESOLUTION NOS. 26-03, 68-03 AND 67-02 AND ENACTING
A NEW RESOLUTION ESTABLISHING A NINE MEMBER
PUBLIC ARTS IMPLEMENTATION COMMITTEE;
PROVIDING THAT CURRENTLY SITTING MEMBERS MAY
CONTINUE ON THE PUBLIC ARTS IMPLEMENTATION
COMMITTEE, ESTABLISHING THE DURATION OF THE
PUBLIC ARTS IMPLEMENTATION COMMITTEE'S
EXISTENCE; PROVIDING FOR THE COMMITTEE TO
ASSIST THE CITY WITH CURRENTLY ONGOING PUBLIC
ART PROJECTS; PROVIDING A REPLEALER CLAUSE, AN
EFFECTIVE DATE AND A SUNSET DATE.
(The official copy of Resolution No. 5-04 is on file in the City Clerk's
office.)
Mayor Perlman stated a number of the people on the Public Arts
Implementation Committee have resigned. Mayor Perlman stated he does not want the
Committee to move forward with anything until there is a full Committee and gave
direction to the City Clerk to advertise this as soon as possible so that the appointments
can be made at the February 3, 2004 City Commission meeting if possible. Mayor
Perlman stated there are a number of applicants interested in serving on this Committee.
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01/13/04
Mrs. Archer moved to approve Resolution No. 5-04, 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.A.2.
GRANTING OF EASEMENT DEED/LAKE WORTH DRAINAGE
DISTRICT: Approve the City granting a forty (40) foot easement to the Lake Worth
Drainage District (LWDD) from the Bexley Park property, located adjacent to the L-31
canal and just east of Military Trail.
The City Attorney stated she has had conversations today to see if the City
can reserve part of the easement for reclaimed water mains.
Mr. Levinson moved to approve the proposed easement deed; however,
encourage City staff to work with the Lake Worth Drainage District to reserve an area for
a reuse water line, 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.
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/SIGN CRAFT: Consider an appeal of the Site Plan Review and
Appearance Board's decision regarding a waiver to Land Development Regulations
(LDR) Section 4.6.7(G)(3)(d) for the Marriott Residence Inn, located at 1111 East
Atlantic 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
Hearing items this evening.
The City Clerk swore in those individuals who wished to give testimony
on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Lula Butler, Director of Community Improve~nent, stated this item is a
request from the agent representing the Marriott Residence Inn located at 1111 E.
Atlantic Avenue for a waiver to Section 4.6.7(G)(3)(d) of the LDR's governing signs.
The waiver request was considered by the Site Plan Review and Appearance Board
(SPRAB) at their regular meeting of December 3, 2003. Mrs. Butler stated SPRAB voted
6-0 to deny the waiver request.
Section 4.6.7(G)(3)(d) of the LDR's stipulates that free standing signs
located within the standard setback may not exceed 20 square feet in size. Mrs. Butler
stated the initial sign presented and permitted was graphically depicted showing a copy of
18.2 square feet. The new sign installed failed its final inspection because it exceeded the
20 square feet measuring 29.75 square feet.
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01/13/04
The Board felt that the agent did not put forth a significant hardship and
the sign could easily be fixed by changing out the panel to meet code.
Mrs. Butler stated Section 2.4.7(B) of the LDR's allows the City
Commission to grant waivers to this section of the code after making a finding of fact
based on one of the following:
· The sign shall not adversely affect the neighborhood area
· The sign shall not significantly diminish the provision of public
facilities
· The sign shall not create an unsafe situation; and
· The sign does not result in the granting of a special privilege in that the
same waiver would not be granted under similar circumstances on other
property for another applicant or owner
Staff's recommendation is to uphold SPRAB's decision to deny the
request which will require the owner to replace the sign panel in compliance with code
requirements.
The City Attorney asked Mrs. Butler to enter the project file into the
record to include these minutes of SPRAB, the Agenda, the sign code, and any other
documentation.
Sandra Beck, President of Sign Craft (applicant), stated the company only
installed the sign and when this sign was designed it was correct. However, when the
sign was manufactured it was not done properly. Mrs. Beck stated the developer of the
property has indicated that the sign has been up for over a year and there have been no
complaints. Mrs. Beck stated since the company who manufactured the sign is no longer
around to fix it the hardship would be on Sign Craft to fix something that they did not
manufacture thus the reason for the waiver request.
Mayor Perlman asked if anyone from the public would like to speak on
this item, to please come forward at this time. There being no one fi'om the public who
wished to give testimony on this item, the public hearing was closed.
Mrs. Butler stated this is not a huge infraction; however, she understands
SPRAB's position because the sign can be corrected.
Mrs. Archer asked what cost would be involved to reduce the sign. In
response, Mrs. Beck stated she does not feel it is as simple as pulling out the panel and
stated the approximate cost to re-manufacture the sign is approximately $3,000-$4,000.
Ms. McCarthy asked when the final inspection was actually performed. In
response, Mrs. Butler stated the sign has been in place for approximately one year and the
sign was probably inspected within a month of installation.
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Mr. Costin moved to approve the appeal of the Site Plan Review and
Appearance Board's decision regarding a waiver to the LDR's for the Marriott Residence
Inn, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy -
No. The appeal was DENIED with a 4 to 1 vote.
9oao
WAIVER REQUEST EXTENSION/CALYPSO BAY
TOWNHOMES: Consider a six (6) month extension of the request to waive Land
Development Regulations (LDR) Section 2.4.6(H) regarding temporary use permits to
allow an off-site temporary sales office for the Bella Vista Development (Calypso Bay)
located at 1020 Miramar Drive. (Quasi-Judicial Hearing)
The City Clerk swore in those individuals who wished to give testimony
on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mrs. Archer and Mr. Costin had no ex parte communications to
disclose. Mayor Perlman stated he received an email from the Beach Property Owners'
Association (BPOA). Mr. Levinson and Ms. McCarthy also received the email from the
BPOA regarding this item.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2002-392 into the record.
Mr. Dorling stated at its meeting of October 15, 2002, the City
Commission approved the waiver for the utilization of an adjoining existing family home
as a temporary off-site sales office for Calypso Bay, a 6-unit townhouse project to be
located on the west side of Gleason Street approximately 100 feet south of Miramar
Drive. The single family residence has been converted to a sales office and the
associated parking and landscaping improvements have been installed. The developer
has decided not to proceed with the townhouse proposal and has redesigned the site to an
8-unit condominium development known as Bella Vista.
Due to the redesign to accommodate the 8-unit condominium
development, the applicant has requested a 6-month extension from the October 15, 2003
expiration date to April 15, 2004 for the utilization of the single-family house as a sales
office. Mr. Doding stated staff recommends approval based upon positive findings with
respect to LDR Section 2.4.7(B)(5) subject to this limited time and that the only sales
operation conducted from this location would be for the eight unit development known as
Bella Vista.
At this point, the City Clerk swore in the following individual who was
not previously sworn in.
John Sierra, Northpoint Southpoint Realty Development (applicant), stated
the Calypso Bay project is now known as Della Vista an 8-units condominium
development. Mr. Sierra stated they currently have 5-units reserved and are looking for 3
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more units. Mr. Sierra stated they would like to stay in the office for the remainder of the
time until they can sell the remaining units and also get their plans into the City for
permits.
At this point, Mayor Perlman stated if anyone fi.om the public would like
to give testimony on this item, to please step forward at this time.
Stephen Blum, 115-C Venetian Drive, representing The Antilles
Homeowners' Association which is located at the intersection of Venetian Drive and
Miramar Street. Their property is adjacent to the single-family home and is currently
being used as an office by Southpoint Realty. Mr. Blum stated the neighborhood is
zoned for residential use and he feels commercial concerns devalue the character of the
neighborhood. Mr. Blum stated for little over a year Southpoint Realty has maintained an
office in a single-family home in their residential community. Mr. Blum stated to anyone
living or planning to live in their neighborhood this is a permanent commemial
enterprise. Mr. Blum stated he feels this is not setting a good precedent. Mr. Blum stated
if an extension is granted he suggested the following (1) that it be no more than six
months fi.om the end of the last one and no later than April 15, 2004; and that it be
understood this is the last extension and on April 15, 2004, the house reverts back to
residential use only, (2) the Southpoint Realty sign should be immediately replaced with
one that says Calypso Bay or whatever they are selling at that place, (3) the office will be
used solely to market Calypso Bay and no other Southpoint projects and will be used for
no activities that may create congestion or parking problems. In conclusion, Mr. Blum
stated they want to protect the character, value, and integrity of their residential
community.
Mr. Sierra stated in the request he stated that they would go proactive fi.om
the original date of approval for the six months and would be inclined to change the
signage or take down the sign that says Southpoint.
Mayor Perlman asked about the possibility of this setting a precedent. In
response, Mr. Dorling stated this is a unique situation and would not necessarily apply to
other projects. However, Mr. Dorling stated the precedent has already been set with the
Commission's prior approval for this facility that has already operated for a little over a
year.
Mr. Levinson commented about a doctor's office across the street and
asked if this is a non-conforming use. In response, Mr. Dorling stated this is a non-
conforming use and was established when the area was zoned RM-15 which at that time
did allow offices; however, the current zoning does not allow this.
Mrs. Archer moved to approve a six month extension to April 15, 2004, to
include removal of the real estate sign (at this time) and for sales to include no other than
Bella Vista, 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.
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01/13/04
9.C. WAIVER REQUEST/1030 WALLACE DRIVE: Consider a request to
waive Land Development Regulations (LDR) Section 4.4.19(H)(2) which requires a ten
(10) foot wide landscape buffer abutting the Wallace Drive right-of-way, located on the
west side of Wallace Drive approximately 365 feet south of S.W. l0th Street within the
Wallace Drive Redevelopment Area. (Quasi-Judicial Hearing)
The City Clerk swore in those individuals who wished to give testimony
on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-032 into the record.
Paul Dorling, Director of Planning and Zoning, stated on December 17,
2003, the Site Plan Review and Appearance Board (SPRAB) approved a site plan, which
included demolition of approximately 445 square feet of the existing single-family
dwelling, the conversion of the balance of the single-family dwelling (1,292 square feet)
to office use, construction of a 1,542 square foot office/warehouse addition. This also
included landscaping and parking. One of the parking spaces ended up in the front
setback along Wallace Drive thus the subject of this request.
Mr. Dorling stated staff recommended denial of the location and necessary
waiver to place one parking space within five feet of Wallace Drive. The Site Plan
Review and Appearance Board (SPRAB) recommended approval of the waiver to LDR
Section 4.4.19(H)(2) which requires the provision of a ten foot (10') wide landscape
abutting the Wallace Drive right-of-way. Staff recommends denial of the waiver request
to LDR Section 4.4.19(H)(2) to reduce the depth of the required landscape buffer from
ten feet (10') to five feet (5'), based upon a failure to make positive findings with respect
to LDR Section 2.4.7(B)(5); and require the site plan modifications to comply with the
LDR's.
The City Clerk swore in the following individuals who were not
previously sworn in.
Tony Spirelli, owner/applicant, stated he has concurred with everything
the City has requested of them. With regard to the parking space, Mr. Spirelli stated it
does not seem logical to back into Wallace Drive and if this is changed according to
staff's recommendation it turns into a right angle into the driveway. Mr. Spirelli stated
SPRAB agreed that the property was feasible to allow for this parking space.
Mayor Perlman stated if anyone from the public would like to address the
Commission regarding the waiver, to please come forward at this time.
Brief discussion by the Commission followed.
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01/13/04
Mrs. Archer asked for clarification regarding the parking space. Mr.
Dorling stated this is a required parking space and explained that there is a required ten
(10') foot setback along Wallace Drive which encroaches and presents a five (5') setback.
Mr. Levinson stated he does not think it would be logical to back out on
Wallace Drive and does not see the safety concerns if someone were to back out onto
Wallace Drive. He feels it would be more logical to back out into the driveway and then
drive straight out onto Wallace Drive.
Mr. Levinson moved to approve the waiver request to LDR Section
4.4.19(H)(2) to reduce the depth of the landscape buffer from 10 feet to 5 feet based upon
positive findings with respect to LDR Section 2.4.7(B)(5), 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.
9.D. REQUEST TO REDUCE LIENS/ADM PROPERTIES~ L.L.C
BUYERS INVESTMENT GROUP~ INC.: Consider a request from Mr. Jim Drosakis,
Director of Real Estate Operations for ADM Properties, L.L.C. Buyers Investment
Group, Inc. to waive the interest and administrative fees totaling $5,388.12 assessed for
abating nuisances on two (2) vacant lots located within the second Block of S.W. 11th
Avenue. ADM Properties, L.L.C. Buyers Investment Group, Inc. is prepared to pay the
remaining lien of $2,914.49. Staff recommends approval.
Lula Butler, Director of Community Improvement, stated this item is a
request from Real Estate Operations for ADM Properties, LLC Buyers Investment Group
to release a portion of liens assessed for abating nuisances for two (2) vacant lots located
within the second block of S.W. 11th Avenue. The total amount of the liens is $4,742.06
and $3,560.55 for Lots 1 and 6 of Block 9 within the Atlantic Gardens subdivision.
Mrs. Butler stated the Buyers Investment Group acquired both of these
lots through tax certificates and they intend to build two single-family homes. The
investment group is seeking a 100% release of liens but would accept the Commission's
policy to reduce the liens for the amount of the accrued interest and administrative fees
assessed. These amounts are $3,012.80 for Lot 1 and $2,375.32 for Lot 6. They are
prepared to pay the remaining lien of $2,914.49. Mrs. Butler stated the area where the
two lots are located is zoned RM and this zoning does not change under the SW
Neighborhood Plan. Mrs. Butler stated single-family homes are allowed as long as they
follow R-1-A zoning regulations.
Staff recommends approval to reduce the liens in the amount of $3,012.80
and $2,375.32 and providing that the City's out-of-pocket costs be paid within 30 days
from City Commission approval and that the release of liens shall be coordinated with the
submission of the required building permits for the two single-family homes.
Ms. McCarthy moved to approve the request from Real Estate Operations
for ADM Properties, L.L.C. Buyers Investment Group, Inc. to waive the interest and
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01/13/04
administrative fees ($3,012.80 for Lot 1/Block 9 and $2,375.32 for Lot 6/Block 9)
assessed for abating nuisances on two vacant lots located within the second block of S.W.
11th Avenue, subject to conditions as recommended by staff, 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.
9.E. PROPOSAL TO CHANGE POLICE[FIRE PENSION
MULTIPLIER: Provide direction regarding proposal to change the Police and Fire
Pension Multiplier.
The City Manager reminded the Commission that this is a combination
meeting Work Session and formal meeting and should be looked at as a Work Session
item. At the September 16, 2003 Work Session, the Commission discussed the request
from Firefighters' and Police Officers' to increase the multiplier for their pension plan
from 3% to 3½%. At the conclusion of that meeting, the Commission directed staff to
have the Actuary price out several different alternatives including the impact of using
assumptions on salary growth and investment returns consistent with what has been
experienced over the last 10-12 years and also try and come up with an approach which
was acceptable to both employees and the City Manager's office for funding such a
change if the Commission decided to go forward. The City Manager stated the actuary
states in his letter that the assumptions being used are appropriate at this time and he does
not see the need for a change. The City Manager stated there are five different
altematives for funding such a change if the Commission wishes to do so and discuss
those with representatives of the Police Officers' and the Firefighters' union. The City
Manager stated they have indicated they could support options #4 or #5. Subsequent to
the meeting, the City Manager suggested that something be done between option #4 & #5
where the City could pick up part but not all of the costs of the prior service for the
effected employees so that the employee contribution could be set at more than 5.19%
but less than 9.79%.
Brief discussion by the Commission followed.
It was the consensus of the Commission to increase the multiplier for the
Firefighters (IAFF) and Police Officers (PBA) Pension Plan from 3% to 3½%; employees
contributing 6% of their salary with the City paying any additional costs; and, that the
employee have the choice to opt for the 3½% multiplier. However, if the employee
chooses to opt in at 3½%, the employee can never return to the 3% multiplier.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the Public.
ll.B. From the Public.
11.B.1. Jim Smith~ 1225 S. Ocean Boulevard~ Delray Beach~ stated six months
ago the Delray Beach Bicycle Pedestrian Task Team presented their recommendations to
the City Commission. Mr. Smith stated since then a cyclist was critically injured while
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01/13/04
riding his bicycle along A1A, another cyclist was killed on Congress Avenue and S.W.
l0th Street, and a pedestrian was killed while crossing Military Trail. Mr. Smith stated
these four streets are all recommended Pedestrian/Bicycle Master Plan routes. Mr. Smith
stated Delray Beach ranks first among all the other 30 plus municipalities in Palm Beach
County in the number of bicycle crashes. Mr. Smith stated during the past five years
Delray Beach has had more than twice as many bicycle crashes per mile as Boca Raton.
Mr. Smith requested that the City Manager complete the review process so that the
Commission may begin their recommendation phase specifically starting by creating a
permanent Citizens Volunteer Bicycle/Pedestrian Committee approving the submission
of an application for State funding of a coordinator by the March 31, 2004 deadline and
adopting the reconunended Bicycle/Pedestrian Master Plan routes.
ll.B.2. Charles Bonfield~ 220 MacFarlane Drive (S-1203)~ Delra¥ Beach~
strongly supports the recommendations of the Bicycle/Pedestrian Task Team and
suggested that the City Manager and the Commission put this issue on a rapid review
path because he feels the longer this issue is postponed the harder it will be to facilitate
these plans. Mr. Bonfield stated if the City forms one, he would volunteer to serve on a
Bicycle/Pedestrian Committee.
ll.B.3. Robin Segal~ 17293 Antigua Point Wa¥~ Boca Raton, strongly supports
the recommendations of the Pedestrian/Bicycle Task Team and stated she has skated and
biked in two other states and three other cities in Florida and now that she lives here she
would like to see pedestrian and bike paths along A1A in Delray Beach south to
Highland Beach. In addition, Ms. Segal stated if the City forms one, she too would
volunteer to serve on a Bicycle/pedestrian Committee.
At this point, the Commission moved to back to the Regular Agenda.
9.F. ENGINEERING CONSULTING AGREEMENTS: Discuss criteria
for Engineering Consulting Agreements.
Richard Hasko, Director of Environmental Services, stated per the
direction of the City Commission staff performed a study/re-evaluation of the criteria that
the City of Delray Beach has been using to evaluate consultant responses to RFQ's. Mr.
Hasko stated the agencies solicited are considered representative of our area with regional
governing bodies including Palm Beach County and the Palm Beach County School
District, and local agencies consisting of three of the four largest municipalities in the
County. Mr. Hasko stated the Consultant Evaluation Criteria included (1) Personnel
Expertise and Qualifications (1-40 points or 40%), (2) Firm Experience (1-30 points or
30%), (3) Governmental Experience (1-10 points or 10%), and (4) Availability and
Commitment of Resources (1 to 20 points or 20%).
The Ranking Committee will evaluate respondents using the above
criteria. Individual Raters' evaluations will reflect total points scores and rankings based
on those scores. Overall rankings will be determined on the basis of the total point scores
from evaluation sheets completed by the Rating Committee. Ties will be resolved on the
basis of the cumulative ranking of the individual Committee members (the Firm with the
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01/13/04
highest number of the highest rank would prevail).
Mr. Hasko stated he recommends sending a notification attaching the new
criteria to all of the respondents so that they have the opportunity to review the criteria by
which they are going to be graded giving them a time specific oppommity to submit
additional materials if the choose to do so.
Mr. Hasko stated after speaking with Commissioner Levinson today, staff
modified their recommendation by taking out Location of Project Team (1-10 points or
10%) as a criteria and increased the Availability and Commitment of Resources (1 to 20
points or 20%).
Brief discussion by the Commission followed.
Mr. Levinson thanked Mr. Hasko and feels this will give the City the best
quality engineering firm. The rest of the Commission concurred with Mr. Levinson's
comments and commended Mr. Hasko for a job well done.
It was the consensus of the Commission to approve the consultant
selection criteria to include the modified Exhibit "C".
9.G. SPECIAL EVENT REQUEST/CELEBRATE THE SOUL OF
DELRAY 2004: Approve a special event request for the fourth "Celebrate the Soul of
Delray" event to be held on Sunday, March 6, 2004 from 10:00 a.m. to 9:00 p.m.,
including a temporary use permit per LDR's Section 2.4.6(H) for street closure/use of
Atlantic Avenue from Swinton Avenue to NW/SW 5th Avenue, use of Tennis Center
parking lot and clubhouse and the large covered City stage; a waiver of sign code to
allow event signage more than one week in advance, provide staff support for security
and traffic control, barricade set up, trash clean up/removal, EMS services, use of City
trash containers and signage; and waiver of overtime costs; contingent upon sponsor
providing certificates of liability insurance and liquor liability insurance, and a hold
harmless agreement.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to endorse the 4th Annual Celebrate the Soul of Delray proposed to be
held on Saturday, March 6, 2004 from 10:00 a.m. to 9:00 p.m. to grant a temporary use
permit per LDR's Section 2.4.6(H) for the use of the Atlantic Avenue right-of-way from
Swinton Avenue to NW/SW 5th Avenue and the Tennis Center parking lot, to authorize
use of the Tennis Center Clubhouse and the large covered City stage. Staff support is
requested for traffic control and security, barricading, trash removal and clean up, EMS
services, use of City trash containers and signage. The event sponsor would be required
to manage the event. The estimated City cost is approximately $12,645 and provided
WARC agrees to be the 501(c)(3) sponsor, per policies and procedures the estimated
payment to the City would be $1,322.50. If the Commission approves the event request
staff recommends approval of the seven (7) conditions outlined on page two of the
Agenda backup memorandum.
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01/13/04
Mr. Levinson commented about the event starting at 10:00 a.m. and stated
historically this time is very early for people to be coming out.
Clay Wideman, representing the West Atlantic Avenue Corridor/President
of the Delray Merchant's Association, stated he feels this is a sufficient starting time
because the vendors and all the people involved in the event need sufficient time to get
prepared. Mr. Wideman stated in his opinion he has found that if the start time is any
later, too many difficulties arise.
Mayor Perlman asked if Mr. Wideman has received firm commitments
fi.om the corporate sponsors. Mr. Wideman stated he requested $20,000 fi.om the County
and they actually awarded $10,000 and there have also been some verbal agreements
fi.om the corporate sponsors. Mayor Perlman noted a correction to the Event Budget and
stated the CRA/DDA policies should read $500 not $1,000.
Ms. McCarthy stated Mr. Wideman has matured and grown with this
event and his entity is one of the very few entities that hold an activity of this magnitude
West of Swinton Avenue. Ms. McCarthy stated Mr. Wideman has been very honorable
in his commitment to the City of Delray Beach and commented about the Event Budget
being a "proposed" budget.
Mr. Wideman recognized and commended the Delray Merchant's
Association Board for their assistance.
Ms. McCarthy moved to approve the special event request for the 4th
Annual Celebrate the Soul of Delray to be held on Sunday, March 6, 2004 fi'om 10:00
a.m. to 9:00 p.m. as outlined with the seven (7) conditions listed on page two of the
Agenda backup memorandum, seconded by Mr. Costin. Upon roll call the Commission
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. APPOINTMENT TO THE POLICE AND FIREFIGHTERS
RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) member to the
Police and Firefighters Retirement System Board of Trustees to fill an unexpired term
ending June 30, 2004. Based on the rotation system, the appointment will be made by
Commissioner Costin (Seat # 1).
Mr. Costin moved to appoint Kenneth Rubin as a member to the Police
and Firefighters' Retirement System Board of Trustees to fill an unexpired term ending
June 30, 2004, 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.
9.I~ APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) member to the Neighborhood Advisory Council for Zone
One for an unexpired term ending October 31, 2005. Based upon the rotation system, the
appointment will be made by Commissioner Levinson (Seat #3).
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01/13/04
Mr. Levinson moved to appoint Arthur Brown as a member to the
Neighborhood Advisory Council for Zone One for an unexpired term ending October 31,
2005, 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.
9.J. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one
(1) alternate member to the Board of Adjustment for an unexpired term ending August
31, 2005. Based upon the rotation system, the appointment will be made by Mayor
Perlman (Seat #5).
Mayor Perlman stated he wished to appoint Harvey Starin as an alternate
member to the Board of Adjustment for an unexpired term ending August 31, 2005. Mr.
Costin so moved, 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.
9.K. SPECIAL MEETING/JANUARY 22~ 2004: Discuss the Special
Meeting scheduled for January 22, 2004 to ratify the Bond Election.
The City Manager stated there was a conflict between the Commission
meeting and the Sister Cities meeting. However, the City Manager stated the problem
has been resolved.
At this point, the time being 7:00 p.m., the Commission moved to the
Public Hearings portion of the Agenda.
PUBLIC HEARINGS:
None.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to the Imperial Villas issue, the City Manager stated the work
currently being done on the slope roofs appear to be in compliance with the Building
Code. The City Manager stated the contractor is using a proper undeflayment and there
is a still a conflict with the type of shingles that are being installed. The contractor needs
to provide an Engineer's report documenting that both the construction application and
materials used to date are in compliance with the Standard Building Code prior to the
final building inspections and certificate of occupancy being issued. In addition, the City
Manager stated with regard to the flat roofs, the contractor installed new material on top
of the existing roof without removing anything. There are materials available that it
would be appropriate to do in that way. Therefore, this is a contract issue which is a
private matter between the homeowners' association and the contractor. The City
Manager reiterated that staff will be looking for an Engineer's certification that the
materials applied to the flat roof are appropriate to applied without removing the old roof.
The City Manager stated staff is attempting to set up another meeting with the Chairman
-17-
01/13/04
of the Board and their agent and at that meeting staff will insist on a specific date by
which they are to obtain the Engineer's report and if they do not, the City will then issue
a Notice of Violation and report the contractor to the Contractor's Certifying Board.
Secondly, with regard to comments expressed by Mayor Perlman with
regard to receiving telephone calls alleging that the Watershed Rehabilitation Facility is
going beyond their scope in performing medical treatments, the City Manager stated the
physical appearance there appear to be no apparent changes. The City Manager stated
staff received a letter from their Attorney dated December 9, 2003, addressing the issue
of the nurses' station and the overall operation at Palm Gardens Apartments and violation
notices have been issued for the appropriate code infractions. The last inspection done at
Palm Gardens indicated that one apartment leased to Watershed was being utilized as a
combination food storage area with several refrigerators/freezers, maintenance office,
meeting area and nurses station. The City Manager stated Watershed assures the City of
Delray Beach that it will relocate from Palm Beach Gardens Apartments on Linton
Boulevard to its new facility in Boynton Beach prior to the spring of this year. The City
Manager stated it is the intention of Watershed to cease operations within Delray Beach
well within the 18 months time frame provided for in Section 397.403(1)(0 of the Florida
Statutes.
Lastly, the City Manager stated he enjoyed the Mayor's comments at the
Mayor's Prayer Breakfast.
FIRST READINGS:
None.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager had no comments and inquiries on non-agenda items.
13.B. Cit~ Attorney.
The City Attorney had no comments and inquiries on non-agenda items.
13.C.
City Commission.
13.C.1. Mrs. Archer
Mrs. Archer stated she enjoyed the Mayor's comments at the Mayor's
Prayer Breakfast.
Secondly, Mrs. Archer stated she received a letter from the Moshi
Municipal Council requesting input from the City Commission in their construction of a
-18-
01/13/04
secondary school for a dispensary and health center. Mrs. Archer asked the City
Manager to respond and see if there is some type of assistance the City could provide.
Mrs. Archer stated in the last seven days she has seen instances of
bicyclists going against the traffic, turning in front of oncoming traffic, going through red
lights and switching from the sidewalk to the street in front of motor vehicles at Congress
Avenue and Military Trail, Atlantic Avenue and Military Trail, Federal Highway and
Atlantic Avenue, and A1A and Casaurina. Mrs. Archer stated she would like to see
better enforcement of the bicyclists' adherence to traffic roles. Furthermore, Mrs. Archer
commented she understands there are accidents taking place all over Palm Beach County,
however, after what see has witnessed this past week, she feels some of this is
participated by the bicyclists'. Mrs. Archer stated she sympathizes that we are in need of
bicycle and pedestrian lanes and also believes we need to support the laws of bicyclists as
well.
13.C.2.
Commissioner Costin
Mr. Costin stated he too was very appreciative of the heartfelt comments
expressed by Mayor Perlman at the Mayor's Prayer Breakfast.
Secondly, Mr. Costin stated he will be out of town next week and he has
already voted by absentee ballot in the Special Election.
13.C.3.
Commissioner McCarthy
Ms. McCarthy commented about the Mayor's Prayer Breakfast and stated
Mayor Perlman has the talent to tell the story whether it is his story or someone else's
story. Ms. McCarthy thanked Mayor Perlman for sharing his story with everyone who
was in attendance and stated it was very well done.
Ms. McCarthy announced she will be going out of town and therefore will
not be at the meetings at the end of this week.
13.C.4.
Commissioner Levinson
With regard to Mayor Perlman's speech at the Mayor's Prayer Breakfast,
Mr. Levinson commended Mayor Perlman for a job well done.
Secondly, Mr. Levinson inquired about the Insurance Services
Organization (ISO) inspection and asked if the Fire Chief would advise Commission if
they need to participate. The City Manager stated staff would advise them if they are
needed.
Mr. Levinson commented about the Boca City Newsletter and requested
that this Newsletter be given to Ivan Ladizinsky, Public Information Officer.
-19-
01/13/04
Mr. Levinson stated it was good to see the Weed and Seed information
and commented the Weed and Seed Program has had a significant impact in that part of
the neighborhood with substantial decreases in crime.
Mr. Levinson expressed his disappointment over a document sent out by
the League of Women Voter's regarding the Special Election which he feels was too
complicated and not very readable. Mr. Levinson stated the City Manager took the time
to amend it to try and make it simpler and Mr. Levinson stated he was under the
impression that this is what was going out; however, the original was sent out instead.
Mr. Levinson apologized for this mishap and stated as a member of the League, he would
be talking to them about it.
With regard to A1A, Mr. Levinson stated he is receiving correspondence
directed to him that does not appear to be copied to anyone. Mr. Levinson stated he will
deliver the correspondence to staff so that any that has not been distributed can be
redistributed.
Mr. Levinson stated when the City Commission approved the Resolution
for the Boca Middle School to be "Choice School" that they wanted to have an Active
Outreach Program to solicit parents. Mr. Levinson stated he was disappointed to see in
the newspaper today comments from A1 Williams that it would fall on his shoulders and
other community activists to take on that responsibility. Mr. Levinson stated this was
clearly not the intent of the Commission had and asked the City Manager to follow-up to
ensure that the City has an Active Outreach Program for sign-ups for the school. Mr.
Levinson stated this is a great opporttmity for Delray Beach students who choose to go to
that school there.
Mr. Levinson commended staff for being responsive to Commission's
suggestions. Mr. Levinson stated the Commission continues to hear good comments
about City staff and congratulated everyone for doing a great job.
13.C.5.
Mayor Perlman
Mayor Perlman stated he is receiving very good feedback on the Bond
Issue and appreciates the efforts of the Commission for helping out with their service
organizations and associations.
Secondly, Mayor Perlman stated he went to the Palm Beach Post Editorial
Board today and stated this was a very interesting experience. Mayor Perlman stated he
will be visiting the Sun-Sentinel on Thursday and is hoping the City will get some
support from the Editorial pages as well.
Mayor Perlman stated he attended the Leadership Delray's Education
Panel and commented it was very informative. Mayor Perlman stated the School Board
Chairman was there talking about the overview of what was happening throughout the
district and his comments were very good. Mayor Perlman stated his task was to discuss
the City's involvement in both public and private schools.
- 20 -
01/13/04
Mayor Perlman stated he has been receiving a steady stream of emails on
complaints about motorcycle noise. Mayor Perlman stated it appears a lot of the
motorcycle noise is happening along A1A. Mayor Perlman stated this is a real quality of
life issue and asked that staff continue to issue tickets not just warnings.
Mayor Perlman announced that Jamie DeVoursney (age 9) from Unity
School of Delray Beach was selected to student shadow the Mayor this evening. Mayor
Perlman stated he has really enjoyed Jamie's company this evening. Mayor Perlman
stated he gave Jamie a tour of City Hall and they briefly attended the opening of Northern
Trust. Mayor Perlman stated Jamie will also be present for the Office Depot presentation
tomorrow at 11:00 a.m.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:15 p.m.
ATTEST:
City Clerk
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 January 13, 2004, 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.
-21 -
01/13/04
SPECIAL MEETING
CLOSED ATTORNEY/CLIENT SESSION
JANUARY 16, 2004
A Special Meeting/Closed Attorney/Client Session of the City Commission of the
City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman ha the City Manager's
Conference Room at City Hall at 7:32 A.M., Friday, January i6, 2004, and it was read into the
record, in accordance to Florida Statutes 286.011 (8), that the Closed Attorney/Client Session would
be held to consider Settlement in the Coral Trace Home Owners' Association Inc., et al. v. City of
Delray Beach and the City of Delray Beach vs. Dharma Properties, Inc., et al case and after the
closed session is over, the Mayor would reopen the public meeting and announce that the dosed
session is terminated.
At 8:25 A.M. Mayor Perlman reopened the Special Meeting and made the
announcement that Commission would proceed with the public meeting and address the Dharma
Properties, Inc. settlement first.
1. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Coral Trace
Home Owners' Association, Inc., et al. v. City of Dekay Beach Case No. CA-02-009904-AF.
Attendees:
Mayor Jeff Perlman
Commissioner Bob Costin
Commissioner Pat Archer
Commissioner Jon Levinson
Commassioner Alberta McCarthy (Absent)
City Manager David T. Harden
City Attorney Susan A. Ruby
Harry Handler, Esq.
A certified court reporter
Pure_ ose:
Discuss settlement negotiations and strategy related to litigation expenditures
in the above case.
2. SETTLEMENT OF THE CORAL TRACE HOME OWNERS' ASSOCIATION,
INC.. et al. v. CITY OF DELRAY BEACH
Commissioner Levmson made a motion giving staff direction to pursue the settlement with Coral
Trace Home Owners' Association as outlined and bringing back to Commission a settlement
document taking into consideration some of issues discussed this morning by Commission,
seconded by Commissioner Costm. Upon roll call, the Comrmssion voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Mayor Perknan - Yes; Mr. Costm - Yes. Said motion passed 4-0.
3. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Dharma
Properties, Inc., et al. v. City of Delray Beach Case No. 2003 CA 002934 AN.
Attendees:
Mayor Jeff Perlman
Commissioner Bob Costin
Commissioner Pat Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy (Absent)
City Manager David T. Harden
City Attorney Susan A. Ruby
Bill Doney, Esq.
A certified court reporter
Pu _rpose:
Discuss setdement negotiations and strategy related to litigation expenditures
in the above case.
4. SETTLEMENT OF THE DHARMA PROPERTIES, INC., et al. v. CITY OF
DELRAY BEACH
Commissioner Levinson moved to approve the proposed setdement with Dharma Properties, Inc.
with an amendment to include a general release involving all parties and a request that the CRA
reimburse the monies for the acquisition of the parcel of land, the settlement amount being
$135,000.00, seconded by Commission Costin. Upon roll call, the Commission voted as follows:
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed
4-0.
Mayor Perlman declared the Special Meeting adjourned at 8:30 A.M.
ATTEST:
city Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Special Meeting/Closes Attorney/Client Session
of the City Commission held on Friday, January 16, 2004, which Minutes were formally approved
and adopted by the City Commission on
City Clerk
-2-
January 16, 2004
NOTE TO READER: If the Minutes you have received ate 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, wkich may involve amendments, additions or deletions to
the Minutes as set forth above.
-3- Januatyl6,2004
SPECIAL MEETING
JANUARY 22, 2004
A Special Meeting of the City Commission of the City of Dekay Beach, Florida, was
called to order by Vice-Mayor Jon Levinson in the Commission Chambers at City Hall at 6:00 P.M.,
Tuesday, January 22, 2004.
Roll call showed:
Present -
Vice-Mayor Jon Levinson
Commissioner Patticia Archer
Commissioner Alberta McCarthy
Absent-
Mayor Jeff Perlman
Commissioner Bob Costin
Also present were -
City Manager David T. Harden
City Attorney Susan A. Ruby and
City Clerk Barbara Garito
Vice-Mayor Levinson called the meeting to order and announced that it had been called for the
purpose of considering the following items:
(I) RESOLUTION NO, 9-04; Certify the results of the January 20, 2004 Special General
Obligation Bond Referendum.
QUESTION 1
NEW NEIGHBORHOOD PARKS, SOCCER COMPLEX AND
EXISTING PARKS IMPROVEMENT PROJECTS
Shall the City issue general obligation bonds to finance hnd acquisition,
construction and equipl~mg of up to three new n(tghborhood parks, a soccer
complex, and improvements to certain existing parks throughout the City and all
costs incidental thereto, not exceeding $9,000,000, bearing interest at not
exceeding the legal rate, maturing not later than 20 years from the date of
issuance, payable from the City's ad valorem taxes?
YES (for approval)
2.312
NO (against approval) 1.274
Approve the total votes for Ballot Ouestion No. 1. and that it is hereby declared, based upon
the above and foregoing_ results that Ballot Ouestion One passed.
The City Attorney read the results regarding the New Neighborhood Parks, Soccer
Complex and Existing Parks Improvements Projects, Ballot Question No. 1.
Ms. McCarthy moved to approve the motion, seconded by Mrs. Archer. Upon roll call,
the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Vice-Mayor Levinson -
Yes. Said motion passed with a 3 to 0 vote.
QUESTION 2
RECREATION CENTERS PROJECTS
Shall the City issue general obligation bonds to finance land acquisition,
construction and equipping of a new recreation center in the City's Western Area
and to improve and equip certain existing recreational centers, and all costs
incidental thereto, not exceeding $7,000,000 beating interest at not exceeding the
legal rate, maturing not later than 20 years from the date of issuance, payable
from the City's ad valorem taxes?
YES (for approval)
2.184
NO (against approval)
1.403
Approve the total votes for Ballot Ouestion No. 2. and that it is hereby declared, based upon
the above and foregoing_ results that the Ballot Ouestion Two passed
The City Attorney read the results regarding the Recreation Centers Projects, Ballot
Question No. 2.
Mrs. Archer moved to approve the motion, seconded by Ms. McCarthy. Upon roll call,
the Commission voted as follows: Ms. McCarthy - Yes; Vice-Mayor Levinson - Yes; Mrs. Archer -
Yes. Said motion passed with a 3 to 0 vote.
QUESTION 3
OLD SCHOOL SQUARE
IMPROVEMENT PROJECTS
Shall the City issue general obligation bonds to expand Old School Square
by acquiring land, constructing a parking garage to free up existing parking for a
downtown park, for other capital improvements and all costs incidental thereto,
not exceeding $7,000,000, bearing interest at not exceeding the legal rate,
maturing not later than 20 years from the date of issuance, payable from the
City's ad valorem taxes?
YES (for approval)
2.437
NO (against approval)
L172
Approve the total votes for Ballot Ouestion No. 3. and that it is hereby declared, based upon
the above and foregoing_ results that Ballot Ouestion Three passed.
-2-
The City Attorney read the results regarding the Old School Square Improvement
Projects, Ballot Question No. 3.
Ms. McCarthy moved to approve the motion, seconded by Mrs. Archer. Upon roll call,
the Commission voted as follows: Vice-Mayor Levinson - Yes; Mrs. Archer - Yes; Ms. McCarthy -
Yes. Said motion passed with a 3 to 0 vote.
QUESTION 4
NEW LIBRARY FURNISHINGS AND FIXTURES PROJECT
Shall the City issue general obligation bonds to finance the cost of certain
furnishings and fixtures for the new library within the City and all costs incidental
thereto, not exceeding $1,000,000, bearing interest at not exceeding the legal rate,
maturing not later than 20 years from the date of issuance, payable from the
City's ad valorem taxes?
YES (for approval)
2.602
NO (against approval)
1.019
Approve the total votes for Ballot Ouestion No. 4, and that it is hereby declared, based upon
the above and foregoing_ results that Ballot Q~¢~tiQn Four passed.
The City Attorney read the results regarding the New Library Furnishings and Fixtures
Project, Ballot Question No. 4.
Mrs. Archer moved to approve the motion, seconded by Ms. McCarthy. Upon roll call,
the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Vice-Mayor Levinson -
Yes. Said motion passed with a 3 to 0 vote.
Adopt Resolution No. 9-04 includin~ Exhibit "A" as presented.
Ms. McCarthy moved to approve and adopt Resolution No. 9-04 including Exhibit "A"
as attached, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Ms.
McCarthy - Yes; Vice-Mayor Levinson - Yes; Mrs. Archer - Yes. Said motion passed with a 3 to 0
vote.
(1) CONSENT AGENDA: City Manager Recommends Approval.
CHANGE ORDER NO. 1/D.N. HIGGINS. INC.: Approve Change Order
No. I in the amount of $517,754.50 to D.N. Higgins, Inc. for the Seacrest
Neighborhood Improvements Phase IV Project. Funding is available from 334-
3162-541-65.43 (Seaerest Neighborhood Improvements Phase IV), 448-5470-538-
65.43 (Stormwater Utility/Lake Ida Road North), and 442-5178-536-65.03
(Water/Sewer Renewal and Replacement Fund/Seacrest/Del Ida).
-3-
SERVICE AUTHORIZATION NO. 31/DAVID MII,I,ER & ASSOCIATES,
P,A,: Approve Service Authorization No. 31 to David Miller & Associates, P.A. in
the amount of $17,000.00 for consulting services in developing plans and
specifications for construction improvements at Plumosa Park. Funding is available
from 334-6111-572-65.79 (General Construction Fund/Plumosa Park).
SERVICE AUTHORIZATION NO. 20/MATHEWS CONSULTING, INC,:
Approve Service Authorization No. 20 to Mathews Consulting, Inc. in the amount
of $4,702.00 for preparation and submittal of a grant application to the South Florida
Water Management District (SFWMD) under the Akemative Water Resources Grant
Program. Funding is available from 441-5181-536-31.90 (Other Professional
Setarices).
CITY VEHICLE PURCHASES: Approve various bid awards in the amount of
$388,596.00 via the Florida Sheriffs' Association and State of Florida Contracts for
the replacement of City vehicles. Funding is available from 501-3312-591-64.20
(Central Garage Fund/Automotive).
ANIMAL SERVICES FUNDING AGREEMENT/PALM BEACH
COUNTY: Approve a reimbursement funding agreement in the amount of
$10,000.00 between the City and the Palm Beach County Animal Care and Control
Division for the provision of animal services between the period of October 1, 2003
through September 30, 2004.
Mrs. Archer moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon
roll call, the Commission voted as follows: Vice-Mayor Levinson - Yes; Mrs. Archer - Yes; Ms.
McCarthy - Yes. Said motion passed with a 3 to 0 vote.
(2) AUTHORIZATION TO FILE A MOTION FOR REHEARING/APPEAL IN
MCI{IN'NEY v. CITY OF DELRAY BEACH: Consider authorizing the City Attorney's
office to file a motion for rehearing and, if necessary, an appeal of the Court's decision in
McKinney v. the City of Delray Beach.
The City Attorney introduced the item and stated that the City Attorney's Office is
seeking the Commission's support in filing a motion for rehearing and/or appeal and for clarification
purposes regarding the Circuit Court's interpretation of the City's Charter.
Commissioner McCarthy asked the City Attorney what additional costs would the City
incur for these two processes and if this would be handled in-house.
The City Attorney stated that the filing for these two processes would be handled in-
house.
Mrs. Archer moved to authorize the City Attorney's Office to file a motion for
rehearing/appeal in McKinney v. City of Delray Beach, seconded by Ms. McCarthy. Upon roll call,
the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Vice-Mayor Levinson -
Yes. Said motion passed with a 3 to 0 vote.
-4-
O) COMMISSION COMMENTS.
The City Manager stated he was very pleased with the outcome of the Bond Issue and that
staff will be starting the work on getting these projects implemented. He stated staff will be coming
back to Commission regarding the progress of the projects.
The City Attorney stated the Bond Issue was a great result and some of the pieces done by
the press were very complimentary regarding how the City is run; and congratulated the City
Manager.
Commissioner Archer concurred that the election was very will mn and loves the outcome.
She is excited about moving forward and getting things done. She stated it will make a definite
improvement to what's going on in the City and an asset.
Commissioner McCarthy commented on the Bond Issue and stated it is very fulfilling for
issues and projects that the citizens actually requested through many of the Charettes that were
done; and the City can do the projects without negatively impacting the City's general budget. Also,
the cost of money is affordable so that the impact on the homeowners' pa/mg taxes is not so
significant that it is unaffordable.
Commissioner McCarthy stated the Dr. Martin Luther King celebrations held throughout
the City had their own unique and special meanings and were most appropriate and enjoyable.
Commissioner Archer thanked Barbara Garito for her excellent handling of the special
election.
Vice-Mayor Levinson read Mayor Perlman's comments regarding the outcome of the Bond
Issue Election into record.
Vice-Mayor Levinson commented on an issue in the paper regarding adult arcades being
deemed illegal. The City Attorney stated it is a lower court issue and not a deciding factor for the
City. She has spoken with the Police Legal Advisor who is speaking with the Police Department
Staff about it.
Vice-Mayor Levinson asked the City Manager if the City is interested in MPO Community
Transit Service applications. The City Manager stated it is in our Comprehensive Plan.
Vice-Mayor Levinson thanked several people and groups for their help with the Bond Issue.
He stated it was a huge success. He also thanked fellow commissioners and former elected officials,
the City Manager and City staff; along with the Police and Fire Departments. In addition, he
thanked several athleric leagues, community service groups, Homeowner's Associations, and the
voters that parhcipated in support of the Bond Issue. He mentioned having cakes at Art and Jazz
on January 29, 2004 for all who helped to celebrate the victory regarding the Bond Issue.
Vice Mayor Levinson commented that the EPOCH Dr. Martin Luther King Breakfast and
celebration held at Pompey Park was great. Delray Beach is one of a few ciries in the county that
celebrate the holiday.
-5-
Commissioner McCarthy stated that she and Mayor Perlman attended a program at St. Paul
A.M.E. Church on Sunday afternoon celebrating Dr. King which had different religious leaders
from different sectors that went very well.
Vice-Mayor Levinson stated the City's Annual Report looks great and congratulated the City
Manager and Ivan Ladi~insky.
Vice-Mayor Levinson declared the Special Meeting adjourned at 6:20 p.m.
ATI'I~ST:
City Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Special Meeting of the City Commission held on
January 22, 2004, which Minutes were formally approved and adopted by the City Commission on
C~ty Clerk
NOTE TO RRADER: 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 amendments, additions or deletions to
the Minutes as set forth above.
-6-
Greetings from Washington D.C.
Every time fventure north, I am reminded why I live in Florida. It is
about 13 degrees this morning and while the Mayor of Burlington
Vermont insists that this is balmy weather, I can assure you that his
definition of balmy is a little askew. I just wanted to take a moment to
congratulate the commission, city staff and most of all the residents of
Delray Beach for passing our Parks bond. In true Delray Beach fashion,
we rallied for our community and passed the measure with
overwhelming numbers.
The vote is further proof that we are a great city and that our community
understands the importance of investing and reinvesting in our quality of
life. It also underscores the confidence our taxpayers have in the
management of this city and the leadership shown by this commission
and our predecessors.
The 1989 Decade of Excellence Bond jumpstarted a renaissance in
Delray Beach that we are still enjoying 15 years later. Coupled with
visionary leadership and outstanding management we have been able to
leverage the public's investment to create a city that is truly among the
best in America.
As I sit here in Washington with my fellow mayors I am struck by how
fortunate we are in Delray Beach. Many of the nation's cities are
struggling: I have talked with mayors struggling with budget
deficits...we just increased our surplus. Many of the nation's mayors
lament the decline of their downtowns, our downtown is thriving.
Others have had to lay offpolice officers and firefighters.., we have been
able to invest in public safety. Some mayors have been forced to close
parks, community centers and pools....our voters have just given us a
green light to put into action their vision. We are indeed very blessed.
Jeffrey Sonnenfeld, Dean of the Yale School of Management, says
successful organizations are marked by the leadership of strong
individuals with a common mission, shared trust and a bias toward
action. I believe Delray Beach meets those standards. That is why our
city has thrived and will continue to prosper. There have been so many
architects of our success. We all know the value of a city commissions
that knows how to work together. We all know how valuable our city
employees are.
But there are unsung heroes as well. In this election, they ranged from
the residents of Rainberry Bay who poured into the polls to vote yes
because they love their city, to the soccer moms and dads who raised
money and urged people to vote for our kids, to the Mom's Club who
also rallied their families to invest in our parks and library. The patrons
of Old School Square and the library were also instrumental in the
success of the bond. Neighborhoods north, south, east and west pulled
together to make it happen. They share a belief in this city. And they
have given us a vote of confidence that we should never take for
granted.
I recently completed a book that talked about how great organizations
often become great after they have been tempered by adversity. Delray
Beach has had its share. There was a time, not too long ago, when this
city was divided and struggling. The Decade of Excellence Bond was a
reaction by the voters that they had had enough. Similarly, I believe the
landslide victory of this bond was a message that our residents are
pleased with the progress they have seen, confident in the direction we
are heading and do not want to go back to the days of stagnation and
division. That's why I am so gratified by this week's results. The
projects contained in the bond issue are all important and reflect the
desires of our residents...that's why they passed overwhelmingly. But as
important, in my mind, is the fact that our citizens love their city and
want it to be an even better place.
The past few weeks have seen attempts to undermine our unity of
purpose and our resolve. Misinformation, some of it highly
inflammatory, was spread far and wide. But our residents see through
these shallow attempts to misinform and divide.
The voters in this community trust their city to spend their money wisely
and on projects they want to see. They understand that they have made
an investment that will yield tangible returns. And once again, they
have rejected, overwhelmingly, the politics of division and
manipulation. I'd like to thank all the police and firefighters who
worked the polls, my fellow commissioners for spreading the word to
associations, service clubs etc. and our city staff for providing us with
the information we needed to go out and educate the public. Your
competence and dedication to this community is recognized by our
taxpayers who feel that they get real value for their hard-eamed money.
We've had a great run but the best is yet to come.
See you all very soon.
JeffPerlman
WHEREAS, the Delray Rocks Football and Cheerleading Program is sponsored by the Delray Beach
Parks and Recreation Department and the players and cheerleaders proudly represent the City of Dekay Beach;
and
WHEREAS, all four teams advanced to the South Florida Youth Football League playoffs in the
League Championships; and
WHEREAS, the 80 pound team (Coach Gerrall Le~s) advanced to the third round of the South
Florida Youth Football Championship November 22, 2003 and also placed third in the Sports Network
International Competition held on November 28, 2003 in Daytona Beach, Florida; and
WHEREAS, the 100 pound team (Coach Jerome Jackson) competed in the first round of the South
Florida Youth Football League Championship and won the National Championship in his division at the Sports
Network International Competition held on November 28, 2003, in Daytona Beach, Florida; and
WHEREAS, the 125 pound team (Coach Walter Stephens) advanced to the second round of the South
Florida Youth Football League Championship and was the runner-up in the Sports Network International
Competition held on November 28, 2003 in Daytona Beach, Florida; and
WHEREAS, the 155 pound team (Coach Phillip Demps) won the Narional North Dixfsion of the South
Florida Youth Football League and competed in the first round of the Playoffs; and
WHEREAS, the 80 pound cheerleading squad (Coaches DySonya Mitchell and Audrey McGrady)
received the Superior 1'' place rating at the South Florida Youth Football Cheerieadlng Competition at Deerfield
Beach High School on November 16, 2003, and 2"a overall in Dance, Cheer and Pyramid at the Sports Network
International Cheerleading Competition held on November 28, 2003 in Daytona Beach, Florida; and
WHEREAS, the 155 pound cheerleading squad (Coaches Lori Johnson and Debbie Murray) received
the Superior 1" place rating at the South Florida Youth Football Cbeerleadmg Competition, at Deerfield Beach
High School on November 16, 2003, and
WHEREAS, the 100 pound cheerleading squad (Coaches Maria Jackson and Debra Jackson) received an
Excellent 2"~ place rating at the South Florida Youth Football Cheerleading Competition at Deerfield Beach
High School on November 16, 2003; and
WHEREAS, the 125 pound cheefleadmg squad (Coaches Joyce Neal and Julie Nixon) received an
Excellent 2~d place rating at the South Florida Youth Football Cheerleadlng Competition at Deerfield Beach
High School on November 16, 2003, and
WHEREAS, the parents, friends and cheerleaders of the Delray Rocks represented the City of Delray
Beach in support of the accomplishments of these young men and women and their coaches,
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf
of the City Commission, do hereby proclaim the Delray Rocks and Cheerleaders to be
"CHAMPIONS AMONG CHAMPIONS AND
AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR
THE CITY OF DELRAY BEACH, FLORIDA."
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 3'a day of Februaxy, 2004.
JEFF PERI.MAN
MAYOR
Date: Jan. 13, 2004
AGENDA REQUEST
(if apphcable)
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda:(~s / No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
Request to be placed on:
Consent Agenda x Regular Agenda Workshop Agenda Special Agenda
When: February 3~ 2004
Description of Agenda Item (who, what, where, how much): Request Mayor's
signature on and issuan£e of a Proclamation honoring Delray Rocks Football and
Cheerleading and their performance in the Sports Network International's
National Youth Football Championships in Daytona Beach, Florida and the South
Florida Youth Football Cheerleading Competition at Deerfield Beach High School,
both in November of 2003.
Department Head ~ ._ \ ~ ~l 0
Signature: ~L/x~ ~
City Attorney Reviewfl~ecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
PROCLAMATION
WHEREAS, the Delray Rocks Football and Cheedeading Program is
sponsored by the Delray Beach Parks and Recreation Department and the players
and cheerleaders proudly represent the City of Delray Beach; and
WHEREAS, all four teams advanced to the South Florida Youth Football
League playoffs in the League Championships; and
WHEREAS, the 80 pound team (Coach Gerrall Lewis) advanced to the third
round of the South Florida Youth Football Championship November 22, 2003 and
also placed third in the Sports Network International Competition held on November
28, 2003 in Daytona Beach, Florida; and
WHEREAS, the 100 pound team (Coach Jerome Jackson) competed in the
first round of the South Florida Youth Football League Championship and won the
National Championship in his division at the Sports Network International
Competition held on November 28, 2003, in Daytona Beach, Flodda; and
WHEREAS, the 125 pound team (Coach Walter Stephens) advanced to the
second round of the South Flodda Youth Football League Championship and was
the runner-up in the Sports Network International Competition held on November 28,
2003 in Daytona Beach, Florida; and
WHEREAS, the 155 pound team (Coach Phillip Demps) won the National
North Division of the South Flodda Youth Football League and competed in the first
round of the Playoffs; and
WHEREAS, the 80 pound cheedeading squad (Coaches DySonya Mitchell
and Audrey McGrady) received the Superior 1~t place rating at the South Flodda
Youth Football Cheedeading Competition at Deedield Beach High School on
November 16, 2003, and 2"° overall in Dance, Cheer and Pyramid at the Sports
Network International Cheerleading Competition held on November 28, 2003 in
Daytona Beach, Florida; and
WHEREAS, the 155 pound cheerleading squad (Coaches Loft Johnson and
Debbie Murray) received the Superior 1st place rating at the South Florida Youth
Football Cheerleading Competition, at Deerfield Beach High School on November
16, 2003, and
WHEREAS, the 100 pound cheerleading squad (Coaches Maria Jackson and
Debra Jackson) received an Excellent 2nd place rating at the South Florida Youth
Football Cheerleading Competition at Deerfield Beach High School on November 16,
2003; and
WHEREAS, the 125 pound cheerleading squad (Coaches Joyce Neal and
Julie Nixon) received an Excellent 2nd place rating at the South Florida Youth
Football Cheerleading Competition at Deerfield Beach High School on November 16,
2003, and
WHEREAS, the parents, fdends and cheerleaders of the Delray Rocks
represented the City of Delray Beach in support of the accomplishments of these
young men and women and their coaches,
NOW, THEREFORE, I, Jeff Perlman, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby proclaim the Delray Rocks and
Cheerleaders to be
"CHAMPIONS AMONG CHAMPIONS AND
AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR
THE CITY OF DELRAY BEACH, FLORIDA."
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
official seal of the City of Delray Beach, Flodda, to be affixed this 3rd day of February,
2004.
Jeff Perlman
MAYOR
WHEREAS, the yeas 2004 marks the 100~ Anniversary of the Masonic Lodge
Number 275 of Delray Beach; and
WHEREAS, the Masonic Lodge Number 275 is one of the oldest fraternities
in South Florida. It was organized in the secret order of the fratemity in 1899 and the
local free and accepted masons received their charter January 16, 1904; and
WHEREAS, the Masonic Lodge Number 275 purchased lot number one,
block number twenty-eight from the African Methodist Episcopal Church. The claim
was filed on October 11, 1904, with the church trustees, George H. Green, George
Hanna, and Jessie Cole. Also present for the daim filing were lodge representatives
Brother Robert B. Wilson, James Monroe, and David Campbell; and
WHEREAS, the City of Dekay Beach commends the Masonic Lodge Number
275 of Delray Beach for serving the city of Delray Beach in an outstanding manner
over the years in all of its social, civic, and political endeavors; and
WHEREAS, the Masonic Lodge Number 275 has remained at the same
location that it purchased from the Methodist Church in 1904 which has been
declared a historical site by the City of Delray Beach.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission do hereby proclaim February 3,
2004 as the day for the City of Delray to officially recognize the spirit of community
action displayed by Masonic Lodge Number 275 of Delray Beach for the past one
hundred years.
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 3~d day of
February, 2004.
JEFF PERLMAN
MAYOR
MASONIC LODGE # 275
The Masonic Lodge Number 275 of Delray Beach, Florida was organized in the secret
order o£the fiaternity in 1899. The local free and accepted masons received their charter
January 16, 1904. They purchased lot number one, block number twenty-eight fiom the
Afl-ican Methodist Episcopal Church. The claim was filed on October 11, 1904, with the
church trustees; George H. Green, George Hanna and Jessie Cole. Also present for claim
filing were Brother Robert B. Wilson, James Monroe and David Campbell,
representatives for the lodge.
Lodge Number 275 is one of the oldest fraternities in South Florida. The lodge has
served the city of Delray Beach in an outstanding manner over the years in all of its
social, civic and political endeavors. It has remained at the same location that it
purchased fi'om the Methodist Church in 1904. The location of the lodge has been
declared a historical site by the city of Delray Beach.
Kucmerowski, Carolanne
From;
Sent:
To:
Cc:
Subject:
Garito, Barbara
Tuesday, January 20, 2004 9:45 AM
'jonlevinson@compuserve.com'
Kucmerowski, Carolanne; Nubin, Chevelle
FW: Request
Please contact Mr. Weatherspoon and see if we can put together a proclamation honorin9
their 100th anniversary. Then we can contact Mr. Levinson for presentation. B
..... Original Message .....
From: Jon Levinson [mailto:jonlev@bellsouth.net]
Sent: Monday, January 19, 2004 5:43 PM
To: Garito, Barbara
Cc: Perlman, Jeff
Subject: Request
Barbara,
Was with the Masonic Lodge #275 today in the parade.
Found out it is their 100th Anniversary comin~ up this weekend. The Mayor asked me to talk
with you about a proclamation for
them. I would think Jimmy Weatherspoon could 9et you the
info.
Thanks!
Best,
Jon
JonLevinson@compuserve.com
561-243-2690 Office
561-243-9242 Fax
561-212-2799 Cell
www.jonlevinson.com
www. MyDelrayBeach.com
WHEREAS, engineers help to design, construct, and maintain the
infrastructure and facilities that contribute to a high quality of life for all residents of
Delray Beach, Florida; and
WHEREAS, Florida's growth depends on engineers executing innovative,
creative, high-quality solutions to technical problems; and
WHEREAS, the stated purposes of the Florida Engineering Society is to
advance the public welfare, promote the professional, social and economic interests of
the engineering profession, and stimulate and develop professional concepts among
all engineers through education and in practice; and
WHEREAS, members of the Florida Engineering Society and the Florida
Institute of Consulting Engineers are making strides to interact with the engineering
education sector to prepare future engineers to maintain our economic leadership and
quality of life; and
WHEREAS, it is fitting that we recognize and honor the continuing
contributions of America's engineers by observing Engineers Week with the motto:
"Engineering: Turning Ideas into Reality".
NOW, THEREFORE, I, JEFF PERIaMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby proclaim February 22,
2004 through February 28, 2004 as
ENGINEERS wEEK
in Delray Beach, Florida and extend greetings and best wishes to all observing
Engineers Week.
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 3~ day of
February, 2004.
JEFF PERLMAN
MAYOR
Harden, David
From: Cada Valcarcel [Cvalcarc@co.palm-beach.fl.us]
Sent: Friday, January 16, 2004 2:56 PM
To: oceanridgetm@adelphia.net; pbsmayor@adelphia.net; bobbytsmith@aol.com;
clynn71664@aol.com; dpcclerk@aol.com; spbclerk@aol.com; vwclerk@aol.com;
beno@belleglade-fl.com; mjwalker@belleglade-fl.com; chil158@bellsouth.net;
jhattonlcs@bellsouth.net; jicolony@bellsouth.net; mangonia@bellsouth.net;
Page 1 of.1
tohmayor@bellsouth.net; bocacm@ci.boca-raton.fl.us; BressnerK@ci.boynton-beach.fl.us; Harden,
David; watallah@ci.greenacres.fl.us; pboyer@cityoflakeworth.org; bthrasher@gulf-stream.org;
bsaag@highlandbch.com; kschultz@hypoluxo.org; gnelson@juno-beach.fl.us;
robertb@jupiter.fl.us; ddrymon@lakeparkflorida.gov; mbornstein@lantana.org;
gdunham@manalapan.org; mo_thornton@msn.com; townofcloudlake@msn.com;
rferris@pbgfl.com; wewilkin@rivierabch.com; dfarber@royalpalmbeach.com;
pelwell@townofpalmbeach.com; dsmith@village-npb.org; manager@village-npb.org;
kumberger@villageofpalmsprings.org; emitchel@wpb.org
Subject: Fwd: Engineers Week Proclamation
Dear City Managers,
Our office received a request f~om the Palm Beach Chapter of the Florida Engineering Society to ask
our member cities to adopt a proclamation declaring the week of February 22 as Engineers Week. For
your reference, attached is a proclamation from the Governor's office.
Please send your proclamation to:
Patrick Martin, P.E.
Lake Worth Drainage District
13081 Military Trail
Delray Beach, FL 33484
Thank you,
Carla Valcarcel
Manager, Member Services
Palm Beach County League of Cities, Inc.
Tel. (561)355-4484; Fax (561)355-6545
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders
1/16/2004
Engineers Week
WHEREAS, engineers help to deSign, construct and maintain the infrastructure and
facilities that contribute to a high quality of life for all residents of Florida; and ~
WHEREAS, Florida's growth depends on engineers executing innovative, creative,
high-quality solutions to technical problems; and
WHEREAS, the stated purposes of the Florida Engineering Society is to advance the
public welfare, promote the professtonal, social and economic interests of the
engineering profession, and stimulate and develop professional concepts among all
engineers through education and in practice; and
WHEREAS, members of the Flodda Engineering Society and the Florida Institute of
Consulting Engineers ara making strides to interact with the engineering education
sector to prepare future engineers to maintain our economic leadership and quality
of life; and
WHEREAS, it is fitting that we recognize end honor the continuing contributions of
America's engineem by observing Engineers Week with the motto: "Engineering:
Turning Ideas into Reality";
NOW, THEREFORE, I, Jeb Bush, Governor of the State of Florida, do hereby extend
greetings and best wishes to all obeervlng Engineers Week, February 22-28, 2004.
IN WITNESS WHEREOF, I
have hereunto set my hand
and caused the Great Seal of
the State of Florida to be affixed
at Tallahassee, the Capital, this
29~ day of September in the year
of our Lord two thousand three.
[lTV OF DELRI:IY OEI::irH
RECEIVED
JAt, i 2 3 2004
CITY MANAGER
FIRE-RESCUE DEPARTMENT BERWNG DELRAY BEACH GULF STREAM HIGHLAND BEACH
Ali-America City
TO: David T. Harden, City Manager
1993
20() 1
FROM: Kerry B. Koen, Fire Chief
DATE:
January 22, 2004
SUBJECT: Acceptance ofaGift
Some months ago, Marcia Higgs of Urdl's Water Gardening Center, Inc. in
Delray Beach approached us concerning her offer of a gift of a Fire Fighter statue
for our use in a memorial setting. As you know, we are interested in proceeding in
that direction as part of our redesign of the entrance feature at Fire-Rescue
Headquarters, and this type of gift would certainly be appropriate to include in the
planning.
I reviewed this matter with the City Attorney's office and it was suggested
that I forward the matter to you for placement on a future City Commission
meeting agenda for official acceptance. If you concur, I will make the necessary
arrangement, including having the statute at City Hall that evening for viewing by
the Commission and the public. I suggest that the format be a "Presentation" item
which will give the Commission an opportunity to recognize Ms. Higgs, as well as
Urdl's and the supplier, Al's Garden Art of Coulton, California for their
thoughtfulness and generosity.
I have prepared the attached Agenda Item for your approval.
Kerry B. Koen
Fire Chief
Attachment: 1
FIRE-RESCUE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444-2555
(561) 243-7400 · FAX (561) 243-7461
Printed on Recycled Paper
Date: 1/22/04 AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
__ Consent Agenda X Regular Agenda __ Workshop Agenda
When: 2/3/04
Description of agenda item (who, what, where, how much):
Presentation of a gift to the Delray Beach Fire-Rescue Department of a Fire Fighter statute
from Marcia Higgs of Urdl's Water Gardening Center, Inc. in Delray Beach and the supplier,
Al's Garden Art of Coulton, California. This statue will be used in a memorial setting as
part of a redesign project at the front entrance way at Fire-Rescue Headquarters.
__ Special Agenda
Department Head
Signature:
City Attorney Review/Recommendation (if applicable): Done
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N/A
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda: ~/ No Initials: <
Hold Until:
Agenda Coordinator Review:
Received:
(if applicable)
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ ~ - REGULAR MEETING OF FEBRUARY 3. 2004
RATIFICATION OF SOUTH GENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTION
JANUARY 30, 2004
This is before the City Commission to ratify the action taken by the South Central Regional
Wastewater Treatment and Disposal Board at their Quarter Annual Meeting on January 15, 2004.
By a vote of 8 to 0, the SCRWTD Board approved the following:
· Authorization to enter into a Contractor At Risk Agreement with Widell, Inc. for Task Order
C#101 in the mount of $270,891.00.
Recommend ratification of the action approved by the SCRWTD Board on January 15, 2004.
S:\City Clerk\agenda memos\.SCRWTD Board Action of 01.15.04.doc
BOARD
City Council Members of
Boynton Beach & Delray Beach
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue * Delray Beach, Florida 33445
Telephone
(561) 272-7061 (561) 734-2577
Fax: (561) 265-2357
E-mail: scrwwtp@ix.netcom.com
TO:
FROM:
DATE:
RE:
MEMORANDUM
Ms. Chevelle Nubin
City Of Delray Beach
Mary Ann Shumilla
January 16, 2004
RATIFICATION FOR SIGNATURE
CITy CLERK
Attached is one Ratification from the Quarterly Annual Meeting of January 15, 2004
which require signatures. Would you place this on the Agenda for your next
Commission meeting.
Would you contact me at 272-7061 when the Ratification is executed.
Thank you.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 15, 2004
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on
January 15, 2004 by a vote of 8-0, approve AUTHORIZATION TO ENTER INTO
CONTRACT WITH AT RISK AGREEMENT WITH WIDELL, INC. FOR TASK ORDER C#101
IN THE AMOUNT OF $270,891.00.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said
Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this day of , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~f~ - REGULAR MEETING OF FEBRUARY 3, 2004
RESOLUTION NO. 12-04/SCRWTDB/RECLAIMED WATER SYSTEM
MATCHING GRANT FUNDS
JANUARY 30, 2004
This is before the City Commission to approve Resolution No. 12-04 authorizing the appropriation
and expenditure of $65,000.00 from the City to be used for engineering, design, permitting, and
construction of the next phase of the Reclaimed Water Treatment Expansion Project at the South
Central Regional Wastewater Treatment Plant.
This is the City's share of matching funds for a $100,000.00 alternative water resources grant received
from the South Florida Water Management District and associated $30,000.00 for consulting fees in
conjunction with the next phase of the reclaimed water treatment facilities at the wastewater plant site.
Funding is awil,ble from 441-5181-536-63.95 (Water/Sewer Fund).
Recommend approval of Resolution No. 12-04 authorizing the appropriation and expenditure of
$65,000.00 from the City to be used for engineering, design, permitting, and construction of the next
phase of the Reclaimed Water Treatment Expansion Project at the South Central Regional
Wastewater Treatment Plant.
&\City Clerk\agenda menm~\ SCRWTDB.Re~. 124)4.Reclaimed Water.0Z03.04
RESOLUTION NO. 12-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
APPROPRIATION AND EXPENDITURE OF $65,000.00 FROM
THE CITY OF DELRAY BEACH'S CONNECTION FEE FUND
TO BE USED FOR THE NEXT PHASE OF THE RECLAIMED
WATER TREATMENT EXPANSION PROJECT AT THE
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
PLANT; PROVIDING FOR DISTRIBUTION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on
January 15, 2004, by a vote of 8-0, approve Authorization to Appropriate and Expend an additional
$100,000.00 from Cities' Utility Budget ($50,000.00 each from the dries of Delray Beach and
Boynton Beach) to be utilized in conjunction with $130,000.00 appropriated in 2003/2004 Budget
and $100,000.00 from the South Florida Water Management District Alternate Supply Program
Matching Grant (Phase II Reuse expansion for Contractor at Risk Task Order #C101) and $30,000
($15,000 from each City) for consulting services for engineering design and permitting of the next
phase of the reclaimed water treatment project at the South Central Regional Wastewater Treatment
Plant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delmy Beach, Florida hereby authorizes
the appropriation and expenditure of $65,000.00 to the South Florida Regional Waste*rater
Treatment and Disposal Board for the reasons set forth above from line item #441-5181-536-63.95.
Section 2. The City Clerk is directed to send copies of this Resolution to the South Florida
Regional Wastewater Treatment and Disposal Board and to the City of Boynton Beach, Florida.
Section 3. That this resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in reg,,l~* session on the day of
,2004.
A'I'I'I~ST:
MAYOR
City Clerk
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
David T. Harden, City Manager
Richard C. Hasko, P.E., Environmental Services Director
elraybeach.com
SUBJECT: SCRWTDB MATCHING GRANT FUNDS
DATE:
January 21, 2004
At their quarterly Board meeting of January 15, 2004, the South Central Regional Wastewater
Treatment & Disposal Board (SCRWTDB) approved, among other items, the appropriation Of a total
of $130,000 from Delray Beach and Boynton Beach. These funds will provide the 50% match
required for a $100,000 altemative water resource grant received from the South Florida Water
Management District, and an associated $30,000 for consulting fees for engineering design and
permitting of the next phase of the reclaimed water treatment expansion project at the wastewater
plant. The total funding request fi.om each City is $65,000.
Staff requests City Commission approval for encumbrance of $65,000 in favor of the SCRWTDB to
provide the City's share of the required resources. These funds have been budgeted in the current
year in our Connection Fees Fund, and are available in account g441-5181-536-63.95. Please place
this item on the February 3, 2004 agenda for consideration by Commission.
Cc: Dan Beatty, Deputy Director Public Utiloties
ROBERT J. BAGEL
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue * Delray Beach, Florida 33445
(561) 272-7061 (561) 734.2577
Fax: (551) 265-2357
E-mail: scrwwtp~ ix.notcom.~om
MEMORANDUM
TO:
FROM:
DATE:
Richard Hasko, Utili_ty~.,~L~t.y of Delray Beach
Mark Law, Depu~2f Boynton Beach
Robert J. Hagei {~~
January 16, 2004
PHASE H REUSE EXPANSION
WHEREAS, The South Central Regional Wastewater Treatment and Disposal Board did
on January 15, 2004, by a vote of 8-0, approve Authorization to Appropriate and Expend
an additional $100,000. from Cities' Utility Budget ($50,000. from each City) to be
utilized in conjunction with $130,000. appropriated in 2003/2004 Budget and $100,000.
from the South Florida Water Management District Alternate Supply Program Matching
Grant (Phase II Reuse expansion for Contractor at Risk Task Order #C101).
WHEREAS, said Board action req~lires a Resolution by the City of Boynton Beach and
the city of Delray Beach,
Please draft a Resolution to be placed on the Agenda for your next Commission meeting
and return signed Resolution to us.
If you have any questions, please contact me.
F:\docs\RATIFICATION\resol reuse expan.doc
EXE U SUNHARY
WASTEWATER OSr lq BUDGET
The projected budget for O & M for 2003/2004 is $3,776,000 which is 9377,000
over last year's Budget. This increase is due primarily to two items - insurance and
sludge dewatering. Insurance increased by 9110,000 due to 9/11 and to the
new appraised value of plant assets from $75 million to $82.8 million. The
additional cost to produce dewatered sludge is $141,000 for polymer and
$164,000 for electricity, over and above last year's cost, however hauling costs
decreased by $100,000. In order to meet our new budget number at minimum
flow, we must increase our rate by 90.06/1,000 gal. for a total of 90.635/1,000
gal. This is the first rate increase for O & M in (13) years.
WASTEWATER RESERVE FOR REPAIR E REPLACEMENT
As of 06/30/03 we will havb 92,400,000+ in the Wastewater Reserve for Repair
& Replacement. We anticipate spending. 91,400,000 this year for completion of
approved major repairs leaving us unencumbered balance of $1,000,000. Due to
developing a new amortization s~chedule for our new appraised replacement value
of $82.8 million, we need to-generate 91,070,000 in our replacement funds each
year. This required increasing our Repair and Replacement rate from 0.15/1,000
gals. to 0.18/1,000 gals.
RECLAIIq USER RATES AND PROJECTED REVENUE
User.rates established by Agreement were set at 0.20/1,000 gal. for reclaimed
water, and 0.0811,000 for storage. Complete audit of Income vs. expenses will be
performed at the end of the Fiscal year to determine if rate increase is required.
CAlqTAI, PROJECTS
In order for the Board to receive the $100,000 Grant funds from the State for our
alternative water supply program, the Cities must provide matching funds. We
also anticipate 930,000 in consulting services for permitting and design. Thus
$65,000 will be required from both Cities to receive this grant. Additional funds
may be required for t~e Solid Waste Authori{y Pelletization Project and 100%
rasuse.
Word\budget\exec sum0304
, Revised 7/03/:2003
50/S0 FROH EACH CITY
REUSE EXPANSION
Construction (Matching Grant Fuuds)
Consultant
TOTAL: ~
$100,000
~0~000
_ f-
Word\budget\cap proj0304
Agenda Item No.
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
Date: January 21, 2004
When: February 3, 2004
Description of item (who, what, where, how much): Staff requests Commission approval for
encumbrance of $65,000 to the South Central Regional Wastewater Treatment & Disposal Board
to provide the City's share of matching funds for a $100,000 alternative water resources .qrant
received from the South Flodda Water Management District and associated $30,000 for
consultinq fees in conjunction with the next phase of the reclaimed water treatment facilities at the
wastewater plant site. Funds have been previously bud.qeted in current year capital in Water &
Sewer Connection Fees, and are available in account #'H. 1-5181-536-63.95.
ORDINANCE/RESOLUTION REQUIRED: YES/N_.~O DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval for provision of fundinq to SCRWTDB as
described. L ~'~/~~ ~
Department head signature: I- ~ - c)~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (r,~F311~ on .all, iJ;e_..ms involving expenditure of funds):
Funding available."~'ES/~NO ~
Funding alternatives.-~
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: /?'E)~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.(if applicable)
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM # ~ ~-~ - REGULAR MEETING OF FEBRUARY 3, 2004
FINAL PAYMENT/GAMETIME.
JANUARY 30, 2004
This is before the City Commission to approve the net deduct mount of $7,921.04 to Purchase
Order #610147 and final payment in the amount of $150,117.71 to Gamefime, Inc. for completion of
skate park equipment installation at the Community Teen Center's Skate Park.
Funding is available from 117-6111-572-63.40 (Recreation Impact Fees/Recreation Improvements).
Recommend approval of the net deduct amount of $7,921.04 to Purchase Order #610147 and final
payment in the amount of $150,117.71 to Gametime, Inc. for completion of skate park equipment
inst~!!~tion at the Community Teen Center's Skate Park.
S:\City Clerk\agenda meano~\Final Payment~G~me6me, lnc.0Z03.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
www. mydelraybeach, corn
DAVID HARDEN, C~er
VICTOR MAJTENY ,I~on'stmction Manager
COMMUNITY TEEN CENTER SKATE PARK, (P/N 2001-023)
Agenda Item; Final Payment to Gametime Inc.
JANUARY 26, 2004
Attached is an Agenda Request for City Commission to approve a net deduct in the amount of
$7,921.04 to the original purchase order to Gametime Inc., and final payment in the amount of
$150,117.71, for the complete installation of skate park equipment on the Community Teen
Center's Skate Park, project (PN 2001-023).
Gametime's installation subcontractor damaged the concrete slab and fencing installed by the
City's general contractor during the equipment installation process; the fork lift left tire marks,
hydraulic fluid, minor gouges in the slab, and damage to fencing fabric. Gametime agreed to
reimburse the cost of repairs performed by the City's general contractor, RPM General
Contractors, Inc., by crediting the value of this work on the City's invoice for the equipment. The
work consisted of stripping the concrete sealer and re-sealing of the entire slab ($6,727.37) and
fencing fabric repairs ($1,193.67). Both of these items were reflected on the final closeout
change order to the project previously approved on the January 6th, 2004 commission meeting.
Staff recommends City Commission approve a deduct in the amount of $7,921.04 to the
Purchase Order and final payment in the amount of $150,1'17.71 to Gametime Inc. for the
complete installation of skate park equipment at the Community Teen Center's Skate Park.
Funding is from Purchase Order #610147, account 117-6111-572-63.40, Recreation Impact
Fees/Recreational Improvements.
Richard Hasko; Director of ESD
Rafael Ballestero; Dep. Director of Construction
Joe Weldon; Director of Parks and Recreation
Rich Connell; Assistant Dir. of Parks and Recreation
City Clerk's Office
Agenda File 02/03/04
File 2001-023(A)
S :~EngAdmin~Projects~2001~2001-023\CONSTI~CT~agd mcm Gametime Fin 02.03.04.doc
Enriching Childhood Through flay.
160 GarneTime Drive
Fort Payne, AL 35967
TELE: (256) 845-5610 #5221
FAX: (256) 997-5222
11~10/2005
Victor Majtenyi
City of Delray Beach
434 S. Swinton
Delray Beach, FI 33444
Re: City of Delray Beach - Teen Center Skate Park
Dear Mr. Majtenyi,
We hereby au~,ning and resealing of the entire skate park slab at a
quoted cost ~_$_6LT_2_7_3_7.~Disregard the earlier quote from RPM General
Contractors o~ must have invoice for work performed in order to verify
deduction from original invoice.
Sincerely,
Steven Hoge
Director of Quality
cc: Barry Lock - Dominica Recreation
sh/pb
FROM :PARKS RECREATION DEPT
PAX NO. :56~. 243 ?268 Jan. 26 2884 88:i2RM P2
$
T
0
AGENDA REQUEST
Agenda Item No. C3~''
Date: January 26, 2004
Request to be placed on:
X
__ Regular Agenda
Special Agenda
__ Workshop Agenda
When: February 3, 2004
Description of item (who, what, where, how much): Approve net deduct in the amount of
$7,921.04 to the Purchase Order with Gametime Inc. and final payment in the amount of $150,117.71 for
completion of skate park equipment installation at the Community Teen Center's Skate Park (PN 2001-
023). The deduct amount reflects credits from Gametime Inc. for repairs to damaged slab and fencing
caused by Gametime's installation subcontractor.
Funding is available from Purchase Order 610147, account 117o6111-572-63.40, Recreation Impact
Fees/Recreational Improvements.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recomp3e~s City Commission appro.~gy_~the deduct to the purchase order and
Final Payment to Gametime Inc. (' / c~'-'~(~ tT/./~ /
Department head signature: ~ ~ ~ 'v,,~a~_~> I ~"~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re~i~d on all items involving expenditure of funds):
Funding available: E~O
Funding alternatives (if applicable):
Account No. & Description See Above
Account Balance P--.H~'~ ~,"",
City Manager Review:
Approved for agenda: /~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects~001~001-023\CONSTRCTV~gd req Gametirne Fin 02.03.04.doc
TO:
THRU:
FROM:
SUBJECT:
DAV~/~_..,~ · . H DE':~C~, CI . ~ANAGER
PAUL DORLING, DIRECT,T~R OF PLANNING AND ZONING
scour D. PAPE, SE..OR
MEETING OF FEBRUARY 3, 2004 ***CONSENT AGENDA***
AUTHORIZATION TO PROCEED WITH THE ANNUAL SEA TURTLE MONITORING
ACTIVITY WITH DR. JOHN FLETEMYER FOR A MAXIMUM RATE OF ~;27~304.20.
In June, 1994 the City Commission approved an amendment to the letter agreement with Dr. John
Fletemeyer for the sea turtle conservation project. The agreement was for four years at an annual
cost of $9,844.20. On March 4, 1997 this agreement was amended to include an additional six weeks
of monitoring as required by Florida Department of Environmental Protection. This amendment
extended the current turtle monitoring contract through October of 2000 at an annual cost of
$13,444.20. Monitoring commences each year from March 1st and continues until the end of the sea
turtle hatching season (October 31
A request was received and approved by the City Commission on February 25, 2000 for a contract
extension at no increase in costs. The extension permitted some long range planning and the
continuation of the program at its current level of commitment until the end of the year 2004.
Additional monitoring requirements were imposed as a result of the City's 4th Beach Renourishment
project, completed in March of 2002. These requirements include the establishment and monitoring
of control areas both north and south of the renourishment area (involves areas outside the city limits)
and analysis of nests for hatchling success. These additional tasks are required immediately
following the renourishment project (2002), and for two subsequent seasons (2003 and 2004)
and will increase the annual cost to a maximum cost of $27,304.20. This amount was approved last
year for the task. These expanded monitoring activities will not be required next year, Funds are
available in the Beach Restoration Fund (Acct. # 332-4164-572-34.90) and are partially reimbursable
from State and Federal sources.
Recommend authorization of the sea turtle monitoring activity not to exceed $27,304.20.
s/planning&zoning/long range/beach/Dr. John Fletemyer Sea Turtle Monitoring.04
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David Harden, City Manager
Debra Garcia, C. D. Specialist
Lula Butler, Community Improvement Director ~,a,~
January 27, 2004
Request for Subordination - Applicant (Zelma Tellonge)
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to subordinate its second mortgage position
in the amount of $15,226 to allow Zelma Tellonge to refinance her mortgage to add an
addition to the existing dwelling.
BACKGROUND
Ms Tellonge's property is within the CDBG Target Area. In December of 2001, she
participated in the City's Owner/Occupied Rehabilitation program. Ms Tellonge was
assisted with funds from the SHIP Program
The assistance given to Ms. Tellonge is secured by a Promissory Note/Second Mortgage
approved by the City Commission and requires the applicant to maintain
ownership/residence for a specified period according to the amount of the grant. Grant
amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of
five (5) years and grant amounts equal to or greater than $15,000, but less than $25,000
per unit are forgiven at a rate of 10% per year for ten (10) years. Therefore, the current
agreement will remain recorded as a covenant to the property until February 1st, 2008.
RECOMMENDATION
Staff is recommending City Commission approval of Ms Tellonge's request to
subordinate its second mortgage position in the amount of $15,226.00. The subordination
meets all the requirement of the City's Subordination Policy.
I Brian Shutt and review and approve the following Subordination agreement
Signature Date
RECORD & RETURN TO:
EXPRESS LAND '1 I'I'i.,E, INC.
11380 PROSPERITY FARMS ROAD # 213
PALM BEACH GARDENS, FLORIDA 33410
PREPARED BY:
EXPRESS LAND TITLE, INC.
11380 PROSPERITY FA]RbIS ROAD # 215
PALM BEACH GARDENS, FLORidA 33410
SUBORDINATION AGREEME~
W H v:REAS, the undersigned are the owners 'and holders of that certain mortgage
executed by ZELI~_A TELLONGE, A SINGLE WOI~IA~ to secure an original
indebtedness of $15,266.00, said mortgage being dated the 7th day o£DECEI~IBER,
2001 filed with CI'I'Y OF DELRAY BEACH Official Record Book 13195 at Page
0745, Public Records of Palm Beach County, Florida, said mortgage encumbering the
following described lands situate in palm Beach Courity, Florida:
LOT 5, BLOCK 1, ROSEMONT PARK, ACCORDING TO THE PLAT
'I-H ~-REOF ON FILE IN THE OFFICE OF THE CLERK OF Il-ti!. CIRCUIT
COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN
PLAT BOOK 13, PAGE 60.
W~E]~EAS, a portion or all of the lands aforedescribed have bean mortgaged by
ZELI~IA TELLONGE, A SINGLE WO1VIAN to ACCREDITED HO1VIE LENDERS.
(hereinafter called the LENDER) to secure a mortgage loan of $89~2S0.00, said mortgage
to the LENDER being dated the __.day of ' .2003 of
County, Florida: ~
WI-~REAS, the LENDER would not close its mortgage loan and disburse thc
proceeds thereof unless its mortgage were a first lien~ superior in fight and dignity to thc
lien of thc mortgage held by the undersigned; '
NOW TH ~REFORE For and in consideration of One Dollar, in hand paid by thc
LENDER, receipt whereof is hereby acknowledge, and to induce the LENDER to
disburse the proceeds of its mortgage loan aforedescribed, the undersigned do hereby
represent, warrant, covenant and agree as follows:
That the mortgage held by the undersigned and 'des~xibed in the first parat~raph of
the preanable of thc Indenture, together with the indebtedness secured thereby, is
owned by the undersigned and that neither said mortgage nor said indebtedness
has been assigned, ~'ansferred, or pledged to any person whomsoever, so that the
undersigned have full right, and authority to execute this SUBORDINATION
AGREEMENT.
That the mortgage held by the undersigned aforedeseribed in the first paragraph of
the preamble of this hadanture be, and thc sarnc h~rcby is, declared to be for all
times inferior and subordinate in lier~ right and dignity to the mortgage held by thc
LENDER hercinabove described, just as though said mortgage to the LENDER
were execotcd, recorded and closed prior to the execution of the mortgage heid by
thc undersigned and heroin subordinated.
Page 1 of 3
IN WI'I'I~ESS V/HEREOF, the parties hereto have hereunto caused this A~reement
to be duly ~xecuted a~ of the date and year tn'st above written,
Print Wimess Name
Print Wimess N~mae
P~l~t Wlt~esm N~me
Print Wi~es8 Name
CITY OF DELRAY BEACH
BORROWER
ZELMA TELLONGE
Page 2 of 3
THE STATE OF:
C OIJI'qTY OF:
The foregoing instrument was acknowledged before me this day of
2003 by . He/she is personally known to
me or has produced as identification.
Notary Public, State of.'
Print/type/stamp name of Notary
STATE OF:
COD'NTY OF:
The forego/rig instrument was acknowledged before me th/s.__day of
2003 by . He/she is personally known to me or __
has produced as identification.
Notary Public, S~te of:
STATEOF:
CO~ OF:
Prin~/type/stamp name oflqotary '
Thc foregoing insla'ument was acknowledged before me this
2003 by.
has produced
. He/she is
as identification.
day of.
personally known to me or
Notary Public, State of:_
Print/type/stamp name of Norao'
STATE OF:_
COUNTY OF:
The foregoing instrument was acknowledged before me this
2003 by
has produced
day of
. He/she is personally known to me or___
as identification.
Notary Public, State of:
Print/type/stamp name of Notary
Page 3 of 3
Agenda Item No.: ~
AGENDA REQUEST
Request to be placed on:
~ Regular Agenda
__ Special Agenda
__ Workshop Agenda
X Consent Agenda
Date: January 27, 2004
When: February 3, 2004
Description of item:
Authorization and approval to subordinate its second mortgage position in the amount of
$15,226 to allow Zelma Tellonge to refinance her mortgage to add an addition to her
existing dwelling.
Recommendation:
Staff recommends approval of Ms Tellonge's request to subordinate its second mortgage
position.
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Altematives:
Account No. & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Memorandum
Community Improvement
Horticulturist
AtI-AnuricaCJ~
1993
2001
TO:
THROUGH:
FROM:
RE:
DATE:
DAVID T. HARDEN, CITY MANAGER
LULA BUTLER, DIRECTOR, COlVlMUNITY IMPROVEMENT
NANCY DAVILA, HORTICULTURIST ~
US1 & LINTON BEAUTIFICATION- FOOT MAINTENANCE
AGREEMENT
JANUARY 21, 2004
ITEM BEFORE THE COMMISSION
The item before the Commission is the approval of a maintenance agreement between the City of
Delray Beach and the Florida Department of Transportation (FDOT)for the three medians on US
1 near Linton Boulevard.
BACKGROUND
In November 2003, the City and FDOT entered into a Joint Partnership Agreement (JPA) for the
three medians on US 1, which enabled us to receive funding for the irrigation and landscape
improvements. Hand in hand with the JPA is the Maintenance Memorandum of Agreement
(MOA) which defines the City's responsibilities for future maintenance.
RECOMMENDATION
Staff recommends the City Commission give favorable consideration to the Maintenance MOA.
Once the agreement is executed by the FDOT and returned, the City can issue the Notice to
Proceed to the Landscape Contractor for this project.
RESOLUTION NO. 10-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DF.I.RAY
BEACH, FLORIDA, APPROVING THE MAINTENANCE MEMORANDUM
OF AGREEMENT FOR IMPROVEMENTS TO US 1, 1200 FEET SOUTH OF
LINTON BOULEVARD TO 1500 FEET NORTH OF LINTON BOULEVARD
AND AUTHORIZING THE EXECUTION OF THE AGREEMENT.
WHEREAS, THE City of Delray Beach, Florida desires to approve the Maintenance
Memorandum of Agreement for certain landscaping, irrigation and related improvements to US 1;
and
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission of the City of Delray Beach authorizes the entry into
the Maintenance Memorandum of Agreement No. AM 052 between the City and the Florida
Department of Transportation and authorizes the execution thereof.
Section 2. That the recitals set forth above are incorporated as if fully set forth herein.
PASSED AND ADOPTED in regular session on this the __ day of
., 2004.
ATflc~ST:
MAYOR
City Clerk
JEB BUSH
GOVERNOR
Florida Department of Transportation
Planning & Environmental Management
3400 West Commercial Boulevard
Fort Lauderdale, Fl 33309-3421
Telephone: (954) 777-4330
Fax: (954) 777-4310
JOSI~ ABREU
SECRETARY
Janua~ 14, 2004
Ms. Nancy Davila
City Horticulturist
Community Improvements Department .
City of Delray Beach
100 NW 1st Avenue
Defray Beach, FL 33 ~. n. ~.
Dear Ms. Davila:
RE: District Four (4) Joint Partnership Agreement (J-PA) for SR 5 (US 1) from 1200 feet
south of Linton Boulevard to 1500 feet north of Linton Boulevard
Enclosed are four original MOAs and a set of plans that reflect the landscape improvements that
will be constructed under State Financial Project Number 41346015801 for SR 5 (US 1)
Please have these executed by the City Council at their earliest convenience returning all to me
with one sealed copy of the Resolution approving such action. Rick Chesser, the Department's
District Secretary, will execute and date the originals returning one for your file.
Call me at 954-777-4219 ifI can be of further help.
Sincerely,
Elisabeth A. Hassett, R.L.A.
District IV Landscape Architect
Enclosures
CC: file
SECTION NO.: 930100
FM NO.: 41346015801
COUNTY: Palm Beach County
S.R. NO.: 5
DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-MAINTENANCE
CONTRACT NO.: AM 052
THIS AGREEMENT, made and entered into this day of 2003, by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF
DELRAY BEACH a political subdivision of the State of Florida, existing under the Laws of
Florida, hereinafter called the AGENCY.
WITNESSETH:
WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 as part of the State
Highway System; and
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has
constructed and does maintain a six (6) lane highway facility as described in Exhibit A attached
hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and
WHEREAS, the AGENCY is of the opinion that said highway facilities that contains
landscape medians and areas outside of the travel way to the right of way line, excluding standard
sidewalk, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up,
necessary replanting, irrigation repairs, and median concrete (hardscape) replacements as needed;
and
WHEREAS, the parties hereto mutually recognize the need~'or entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution No. dated ,200j
attached hereto and by this reference made a part hereof, desires to enter into this Agreement and
authorizes its officers to do so;
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
The AGENCY hereby agrees to install or cause to be installed landscape, irrigation, and
and/or hardscape on the highway facilities as specified in plans and specifications
incorporated herein as Exhibit B. The DEPARTMENT shall participate in the cost through a
separate agreement. Hardscape shall mean any non-standard roadway, sidewalk or median
surface such as, but not limited to, interlocking concrete or brick pavers, stamped asphalt and
stamped concrete.
The following are exceptions and conditions of this agreement:
(a) The current Florida of Department of Transportation Design Standard Index 5~6 and 700
must be adhered to,
(b) Clear zone/horizontal clearance as specified in the Plans Preparation Manual - English
Volume 1, Chapter 2 must be adhered to,
(c) Landscape shall not obstruct roadside signs or permitted outdoor advertising signs,
(d)
If irrigation is to be installed, the DEPARTMENT shall be provided accurate as built
plans of the system so if in the future there is a need for the DEPARTMENT to perform
work in the area, the system can be accommodated as much as possible,
(e)
If it becomes necessary to provide utilities to the median or side areas (water/electricity)
for these improvements, it shall be the AGENCY'S responsibility to obtain a permit for
such work through the local maintenance office and pay all costs associated with
irrigation maintenance, impact fees and connections, as well as on-going cost of water
provsions.
(0
During the installation of the project and future maintenance operations, maintenance of
traffic shall be in accordance with the current edition of the MUTCD and the current
Depm~ment Design Standards (series 600),
(g) The AGENCY shall provide the local maintenance office located at 7900 Forest Hill
Blvd., West Palm Beach (561-432-4966) a twenty-four (24) hour telephone number and
the name of a responsible person that the DEPARTMENT may contact,
(h)
If there is a need to restrict the normal flow of traffic it shall be done on off-peak hours (9
AM to 3 PM), and the party performing such work shall give notice to the local law
enfomement agency within whose jurisdiction such road is located prior to commencing
work on the project. The DEPARTMENT's Public Information Office shall also be
notified,
(i) The AGENCY shall be responsible to clear all utilities within the project limits,
0) The AGENCY shall notify the local maintenance office forty-eight (48) hours prior to
the start of the project.
The AGENCY agrees to maintain the landscape, irrigation and/or hardscape within the
medians and/or areas outside the travel way to the right of way line, by periodic trimming,
cutting, mowing, curb and sidewalk edging, fertilizing, irrigation repairs, litter pickup and
necessary replanting as needed following the DEPARTMENT'S landscape safety and plant
care guidelines. Hardscape shall mean, but not limited to, any non-standard roadway,
sidewalk or median surface such as interlocking pavers, stamped asphalt and stamped
concrete.
The AGENCY'S responsibility for maintenance shall include all improvements shown on
the plans incorporated herein as Exhibit B within the median and/or areas outside the travel
way to the right of way line that may include nonstandard sidewalks and median hardscape
areas which then shall include paver and header curb repairs or replacements as needed.
Such maintenance to be provided by the AGENCY is specifically set out as follows:
To maintain, which means the proper watering and fertilization of all plants and keeping
them as free as practicable from disease and harmful insects; to properly mulch the plant
beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to
prop.erly prune all plants which includes (1) removing dead or diseased parts of plants, or (2)
pmmng such parts thereof which present a visual safety hazard for those using the roadway.
To maintain also means removing or replacing dead or diseased plants in their entirety, or
removing or replacing those that fall below original project standards. All plants removed
for whatever reason shall be replaced by plants of the same size and grade as specified in the
original plans and specifications. To maintain also means to keep the hardscape areas free
from weeds and replacement of any areas becoming in disrepair so as to cause a safety
hazard. To maintain also means to keep litter removed from the median and areas outside
the travel way tO the right of way line. To maintain also means to keep the header curbs that
contain the hardscape and the brick pavers in optimum condition. Plants shall be those
items, which would be scientifically classified as plants and include but are not limited to
trees, grass, or shrubs.
The above named functions to be performed by the AGENCY shall be subject to periodic
inspections by the DEPARTMENT. Such inspection findings will be shared with the
AGENCY and shall be the basis of all decisions regarding, repayment, reworking or
agreement termination. The AGENCY shall not change or deviate from said plans without
written approval of the DEPARTMENT.
If at any time after the AGENCY has tmdertaken the landscape installation and/or
maintenance responsibility above-mentioned, it shall come to the attention of the
DEPARTMENT'S District Secretary that the limits or a part thereof is not properly
maintained pursuant to the terms of this Agreement, said District Secretary may at his option
issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to
the AGENCY, to place said AGENCY on notice thereof. Thereafter the AGENCY shall
have a period of thirty (30) calendar days within which to correct the cited deficiencies. If
said deficiencies are not corrected within this time period, the DEPARTMEN~ may at its
option, proceed as follows:
(a)
Maintain the landscape or a part thereof, with DEPARTMENT or contractor's
personnel and invoice the AGENCY for expenses incurred, or
Co)
Terminate the Agreement in accordance with Paragraph 6 of this Agreement and
remove, by DEPARTMENT or contractor's personnel, all of the
landscape/irrigation/hardscape installed under this Agreement or any preceding
agreements except as to trees and palms and charge the AGENCY the reasonable
cost of such removal.
It is understood between the parties hereto that the landscape/hardscape covered by this
Agreement may be removed, relocated or adjusted at any time in the future as determined to
be necessary by the Department in order that the adjacent state road be widened, altered or
otherwise changed to meet with future criteria or planning of the Department. The
AGENCY shall be given sixty (60) calendar days notice to remove said landscape/hardscape
after which time the Department may remove same.
The AGENCY agrees to perform the final inspection and provide written certification that
all safety requirements have been met and for acceptance of the Project.
6. This Agreement may be terminated under any one (1) of tt~ following conditions:
(a)
By the DEPARTMENT, if the AGENCY fails to perform its duties under Paragraph
3, following ten (10) days written notice.
(b)
By the DEPARTMENT, for refusal by the AGENCY to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the AGENCY in conjunction with this
Agreement.
7. The term of this Agreement commences upon execution.
To the extent permitted by law, the AGENCY shall indemnify and hold harmless the
DEPARTMENT, its officers and employees from all suits, actions, claims and liability
arising out of the AGENCY'S negligent performance of the work under this agreement, or
due to the failure of the AGENCY to maintain the Project in conformance with the standards
described in Sections 1 and 2 of this Agreement.
The AGENCY may construct additional landscape within the limits of the rights-of-ways
identified as a result of this document, subject to the following conditions:
(a)
Plans for any new landscape shall be subject to approval by the DEPARTMENT.
The AGENCY shall not change or deviate from said plans without written approval
by the DEPARTMENT.
Alt landscape and irrigation shall be developed and implemented in accordance with
appropriate state safety and road design standards;
(c)
The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscape installed at no cost to the DEPARTMENT.
10.
This writing embodies the entire agreement and understanding between the parties hereto and
there are no other agreements and understanding, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby.
11.
The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection is null and void, and no money may be
paid on such contract. The DEPARTMENT shall require a statement from the Comptroller
of the DEPARTMENT that funds are available prior to ea~ering into any such contract or
other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding one year, but any contract so made shall be executory only
for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years;
and this paragraph shall be incorporated verbatim in all contracts of the Department which
are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and
which have a term for a period of more than one year.
12. The DEPARTMENT's District Secretary shall decide all questions, difficulties and disputes
of any nature whatsoever that may arise under or by reason of this Agreement, the
prosecution or fulfillment of the service hereunder and the character, quality, amount and
value thereof; and his decision upon all claims, questions and disputes shall be final and
conclusive upon the parties hereto.
13.
This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
14.
This Agreement shall be governed by and construed in accordance with the laws Qfthe State
of Florida. In the event of a conflict between anyportion of the contract and Florida law, the
laws of Florida shall prevail.
15.
Any and all notices given or required under this agreement shall be in writing and either
personally delivered with receipt acknowledgement or sent by certified mail, return receipt
requested. All notices shall be sent to the following addresses:
If to the Department:
State of Florida Department of Transportation
Planning & Environmental Management
340 West Commercial Blvd.
Ft. Lauderdale, FL 33309-3421
Attention: Elisabeth A. Hassett, R.L.A.
FDOT District IV Landscape Architect
If to the Agency:
City of Delray Beach
Community Improvements Department
100 NW 1st Avenue
Delray Beach, FL 33444
Attention: Nancy Davila
City Horticulturist
IN WITNESS WltEREOF, the parties hereto have executed this Agreement effective
the day and year first above written.
AGENCY
STATE OF FLORIDA
DEPARTMENT OFTRANSPORTATION
Chairperson/Mayor District Secretary
Attest: (SEAL) Attest:
Clerk
Executive Secretary
_(SEAL)
Approval as to Form Date
Approval as to Form
Date
SECTION NO.: 930100
FM NO.: 41346015801
CONTRACT NO.: AM 052
COUNTY: Palm Beach County
S.R. NO.: 5
EXHIBIT A
PROJECT LOCATION:
At State Road 5 (US 1) 1,200 feet south of Linton Boulevard (M.P. 7.897) to 1,500 feet north of
Linton Boulevard (M.P. 8.408)
SECTION NO.: 930100
FM NO.: 41346015801
CONTRACT NO.: AM 052
COUNTY: Palm Beach County
S.R. NO.: 5
EXHIBIT B
See attached plans prepared by Jerry Turner & Associates, dated July 7, 2003.
ii
, .I ~[1 ,
Date: January 26, 2004 Agenda Item No. ~
AGENDA REQUEST
Agenda request to be placed on:
Regular __ Special Workshop X Consent
When: February 3, 2004
Description of Agenda Item:
FDOT Maintenance Agreement for U.S. 1 and Linton Blvd Beautification
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda: (~/No ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
[lTV I)F I)ELRI:I¥ BEI:I[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE:
January 27,2004
MEMORANDUM
Wdter's Direct Line: 561/243-7091
TO:
FROM:
City Commission ~
Brian Shutt, Assistant City Attorney
SUBJECT: Interlocal Agreement with CRA Re.qarding Bus Shelters
The attached intedocal agreement between the City and the CRA provides that
within 30 days of the execution of this Agreement the CRA shall pay $129,120.00
to the City for the construction of certain bus shelters located within the CRA
boundaries. The City has entered into an agreement with Palm Beach County
providing for reimbursement of 50% of the construction costs of the bus shelters
that will be constructed throughout the City. The City shall reimburse the CRA an
amount not to exceed $64,560.00 once it receives these funds from Palm Beach
County.
By copy of this memo to David Harden, our office requests that this item be placed
on the February 3, 2004 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Scott Aronson, Parking Mgmt. Specialist
Diane Colonna, Executive Director, CRA
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH
AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
FOR BUS SHELTER CONSTRUCTION
THIS AGREEMENT is made this _day of __., 200_ by and
between the CITY OF DELRAY BEACH, a Florida Municipal Corporation,
(hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA").
WITNESSETH:
WHEREAS, the CITY has entered into a contract for the construction of 47 bus
shelters at various locations throughout the CITY; and
WItEREAS, the CRA wishes to contribute to the construction of the bus shelters
that are located in the boundaries of the CRA district; and
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties hereby agree as follows:
1. The recitations set forth above are hereby incorporated herein.
2. The CRA shall, within 30 days of the execution of this Agreement pay to
the CITY the amount of $129,120.00. This amount shall cover the expense of the
construction of the bus shelters as shown on Exhibit "A", attached hereto and
incorporated herein. The shelters shall be constructed in accordance with the terms and
conditions as provided in the contract between the CITY and Daytech Manufacturing.
The CITY has entered into an agreement with Palm Beach County for reimbursement of
one-half of the cost of the construction. Once the CITY receives these funds from Palm
Beach County for the shelters located in the CRA area, the CITY shall refund to the
CRA the amount received fi.om Palm Beach County for those particular shelters (not to
exceed $64,560.00).
3. The term of this Agreement shall commence upon execution by both
parties and shall continue until the bus shelters as provided by Exhibit "A" have been
constructed.
4 This Interlocal Agreement shall be filed pursuant to the requirements of
Section 163.01(11) of the Florida Statutes.
5. No prior or present agreements or representations with regard to any
subject matter contained within this Agreement shall be binding on any party unless
included expressly in this Agreement. Any modification to this Agreement shall be in
writing and executed by the parties.
6. The validity of any portion, article, paragraph, provision, clause, or any
portion thereof of this Agreement shall have no force and effect upon the validity of any
other part of portion hereof.
7. This Agreement shall be governed by and in accordance with the Laws of
Florida. The venue for any action arising from this Agreement shall be in Palm Beach
County, Florida.
8. Neither the CITY nor the CRA shall assign or transfer any rights or
interest in this Agreement.
9. This Agreement shall not be valid until signed by the Mayor and the City
Clerk.
ATTEST:
City Clerk
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
2
Approved as to Form:
City Attorney
ATTEST:
COMMUNITY REDEVELOPMENT AGENCY
By:
Print Name:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __ day of
., 200_, by ., as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally known to me or has
produced (type of identification) as identification.
Notary Public - State of Florida
3
EXHIBIT "A"
CRA SPONSORED BUS SHELTER LOCATIONS
Install
Shelter # Located On Intersection Light Cost
2 Con~lress Avenue Lake Ida Road SE 790 Y* $8,970
3 Lake Ida Road Congress Avenue SE 7316 Y*
4 NE 1st Street NE 5th Avenue NW 7617 Y* $8,970
Opposite Delra¥ Square SE 7429 N $7,370
Lake Ida Road SW 6358 Y* $8,970
Lowson Blvd. NW 709 Y $8,970
12 Lowson Blvd. SE 6374 N $7,370
17 SW 10th Street SW 11th Terrace SE 6437 Y $8,970
22 SE 5th Avenue (US 11 SE 10th Street SW 215 N $7,370
23 Federal Hwy. (US 1) Banyan Tree Lane SW 217 N $7,370
24 Federal Hwy. (US 1) Linton Blvd. NE 286 N $7,370
25 Congress Avenue Linton Blvd. NE 782 Y $8,970
26 Linton Blvd.
Old Germantown Rd. SE 6429 N $7,370
27 Linton Blvd. Palm Forest Way NW 6380 Y $8,970
28 Linton Blvd. Military Trail SE 6427 N $7,370
29 Atlantic Avenue Sunset Pine Drive SE 7301 N $7,370
30 Atlantic Avenue Sunset Pine Drive NW 7404 N $7,370
31 Barwick Road Atlantic Avenue NE 7302 Y $8,970
32 Con~lress Avenue Atlantic Avenue SW 7703 N $7,370
33 Congress Avenue PBC Health Dept. NE 786 N $7,370
34 Con~lress Avenue SW 10th Street NE 785 Y $8,970
35
36
Federal Hwy. (US 1) # 1400 (Dennis) SW 216 N $7,370
Tree Lane NE 287 N $7,370
#2101 NE 780 Y $8,970
39 Lindell Blvd. NE 281 Y $8,970
42 SW 10th Avenue SW 11th Street SW 7407 Y $8,970
43 SW 10th Avenue SW 11th Street SE 7421 Y $8,970
44 SW 10th Avenue Lindell Boulevard NW 7362 N $7,370
45 SW 10th Avenue Linton Boulevard SE 7344 Y $8,970
46 Lindell Boulevard Lake Delray Apts. NW 7423 Y $8,970
47 Lindell Boulevard Curlew Road SE 7341 Y $8,970
Developer Contributions
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ ~ -REGULAR MEETINI~ FEBRUARY $, 2004
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REOUEST
JANUARY 30, 2004
This is before the Commission for approval of one (1) subsidy award to eligible applicant/family
under the Delray Beach Renaissance Program for the following property:
* $23,750.00 for N.W. 13m Avenue
This is for new construction. This subgldy brings the total to 156-homeowner assistance grants
provided under the City Renaissance Program.
Funding for the total amount of $23,750.00 for this subgldy award is awil,ble from 118-1924-554-
49.20 (Home Owner Subsidy).
Recommend approval of the funding subsidy under Dekay Beach Renaissance Program as outlined
above.
$:\City Clerk\agenda memo~\Renaissance Prograr~02.03.04
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David Harden, City Manager
Debra Garcia, C. D. Specialist
Lula Butler, Community Improvement Director ~
January 27, 2004
Delray Beach Renaissance Program Subsidy Requests
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue a subsidy to one (1) eligible
applicant/family under the Delray Beach Renaissance Program. This subsidy brings the
total to 156 homeownership assistance grants provided under the city Renaissance
Program to date.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved
by the City Commission on January 23, 1996. In partnership with the Delray Beach
Community Development Corporation, the TED Center, the Community Redevelopment
Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta
and the Delray Beach Housing Authority, we committed to providing homeownership
opportunities to 80 homebuyers through new construction and acquisition rehab
beginning October 1, 1995 through September 30, 1998. The initial agreement was
extended for a term of one year in 1999 and 2000 by all partners and the City
Commission. A new Memorandum of Understanding beginning October 1, 2001 through
September 30, 2004 was approved by all parties and the City Commission on February
19, 2002.
Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Program's partner and first
mortgage lender. The seminar includes training and information on financial planning,
credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a
comprehensive glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City
Attorney and requires the applicant to maintain ownership/residence for a specified
period according to the amount of the Grant. Grant amounts less than $15,000 per unit are
forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal
to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per
year for ten (10) years.
RECOMMENDATION
Staff is recommending City Commission approval to ftmd subsidies for one (1) eligible
applicant/family of the following property:
New Construction xxx N.W. 13th Avenue $23,750.00
Delray Beach Renaissance Program
File Narrative
Homebuyer:
Date Drafted:
Partner Agency:
Developer/Builder:
Location:
Funding Source(s):
SHIP Track Year:
Subsidy Amount(s):
First Mortgage:
Lender:
Unit Cost:
Land Cost:
Renaissance Partner Fee:
Sheilicha Strayhorn
January 27, 2004
Delray Beach Community Development Corporation
XXX N.W. 13th Avenue
State SHIP
2003-2004 New Construction.
$23,750.00
$82,600.00
Republic Bank
$87,100.00
$15,000.00
$ 3,500 ** To Be Distributed Separately by CD Division**
Narrative
Sheilicha Strayhom is a thirty one (31) year old mother of two children, ages thirteen (13) and seven (7). Ms.
Strayhom has an annual income of $26,129.17. The family of 3 is at 48% of the median income based on
the 2003-2004 HUD Guidelines.
Employment Income
S. FI. Gastroenterology Assoc. $26,124.00
(Regular Wages)
Basis
($12.56 x hr x 40hrs/wk x52wks/yr)
Assets
Bank of America (checking)
Bank of America (savings)
Basis
$ 240.00
$ 2,066.18 (0.25%)
Asset Income Income
$2,066.18 x.025 $ 5.17
Basis
SHIP Imputed Income From Assets:
(If assets exceed $5,000, impute income by
multiplying total net family assets by the
passbook rate specified by HUD, which is 2
pement.)
Total Annual Household lncome: $26,129.17
Conclusion
Based on Ms. Strayhorn's income as reported, the entire household is determined (in accordance with the
2003 FHFC income Limits) to be at 46% of MFI for a three {3) member household. The household does not
exceed the Iow income limit of $45,200 and is therefore eligible for up to $23,750 in subsidy under the
current Renaissance Program Agreement. A total subsidy in the amount of $23,750 from SHIP funds is
recommended (based on need as requested by the CDC).
s:renaissance prograr~SHIP/lile na~ative
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
NAME _Shcilicha Strayhom
PROPERTY ADDRESS XXX NW13th Ave
LEGAL DESCRIPTION Atlantic Park Gardens, Lt 12 Blk 1, PB 14 P 56
CENSUS TRACT 67 BG-2
% OF AREA MEDIAN HOUSEHOLD INCOME 48%
FIRST MORTGAGE
RATE 6.000%
LTV 81.00%
PROJECT/SUBSIDY BREAKDOWN
COST OF UNIT $ 87,100.00
COST OF LOT $ 15,000.00
COST OF DEVELOPER'S FEE $ 3,500.00
Estimated Pre-paids (Lender 1003) $ 1,029.51
Estimated Closing Costs (Lender 1003) $ 5,450.30
TOTAL TRANSACTION: $ 112~079.81
FIRST MORTGAGE $ 82,600.00
TOTAL SUBSIDY $ 23,750.00
Second Mortgage $ 20,250.00
Developer's Fee $ 3,500.00
THIRD MORTGAGE $
Estimated Cash To/From Borrower (Lender 1003) $ 5,729.81
NO. IN HOUSEHOLD 3_)_
Republic Bank
City of Delrav Beach (SHIP)
Agenda Item No.:
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
__ Consent Agenda
Date: January:27, 2004
When: February 3, 2004
Description of item:
Authorization and approval to issue subsidy to one (1) eligible applicant under the Delray
Beach Renaissance Program totaling $23,750
Note: This applicant brings the total homeownership assistance grants provided under the
Renaissance Program to date to 156.
Recommendation:
Staff recommends approval of the one (1) subsidy award. Funds are to be awarded from
the State Housing Initiatives Partnership (SHIP) Program.
SHIP Total: $23,750 Account Number: 118-1924-554.49.20
Department Head Signature: ~~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: (~qO ~
Funding Alternatives:
Account No. & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
£1T¥ DF DELRI:I¥ BEI:IrH
DELRAY BEACH
AII-AmericaCity
1993
2001
100 N w lsIAVENiJE DELRAY BEACH FLORIDA 33444
MF_.M DUM
To:
FROM:
David T. Harden
City Manager
Robert A. Barcinski
Assistant City Manager
DATE:
January 21, 2004
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 3, 2004
SPECIAL EVENT APPROVAL - ?fa ANN'UAL DELRAY BEACH
WINTER STREET CRAFt FESTIYAL
561/243 7000
ACTION
City Commission is requested to endorse the 7~h Annual Delray Beach Winter Street Craft
Festival to be held on February 28z and 29t~ from 10:00 a.m. - 5:00 p.m., to grant a temporary
usc permit per LDR Section 2.3.6 (H) for the use of NE/SE 4~ Avenue, one block north/south of
· Atlantic Avenue as well as the north end of Hand's parking lot for vendor parking, and to
authorize staff support for security and traffic control.
BACKGROUND
Attached is a letter and permit application received from Howard Alan Events, Ltd. for this event.
Part of the proceeds ($2,000) will be shared with the Joint Venture. The City is requested to
provide police security and traffic control for this event. The event sponsor will provide vendor
management and set up, site clean up, barricades, and port-o-lets. Estimated overtime costs for
the event is $2,120. Last year's cost were $2,039. Also attached are a budget, site plan and
certificate of insurance for the event. We also have received a hold harmless agreement. Per
event policies and procedures, the event sponsor is responsible for paymem of all City costs.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary usc permit for the street
closure and parking lot use, and approval of staff support for police security and traffic control
with the sponsor paying all overtime costs.
RAB/ags
File: Allal/amaemos
Doc: Howard Alan 7t~ Annual Wint~ Slre~ Craft Fest
~PritltadonF~ecycledPa~e, THE EFFORT ALWAYS MATTERS
January 19,2004
Mr. Robert Barcinski
Assistant City Manager
City of Delray
100 NWlStAvenue
Delray Beach, FL 33444
Dear Mr. Barcinski:
We are planning for the 7th Annual Downtown Delray Craft Festival, to be held February 28 &
29, 2004 on NE and SE 4th Avenue from NE 1st Street to SE 1st Street. Atlantic Avenue and
bypasses will remain open.
Please be advised that the following logistics for the 7th Annual Downtown Delray Craft
Festival will be arranged:
Street Closure: Bob's Barricades will drop off barricades on Friday, February 27, 2004, and our
employees will set them up early Saturday morning as follows:
Police: Lt. Geoffrey Williams at the Delray Police Department will arrange for Police and
Security from 10:00 am - 5:00 pm on Saturday and Sunday and overnight security officers on
Saturday from 6:00 pm - 6:00 am.
Port-O-Lets: 3 regular and 1 handicap port-o-lets will be ordered through Able Sanitation and
will be dropped off on Friday, February 27, 2004 and will be picked up on Monday, March 1,
2004, with servicing on Sunday, February 28, 2004. They will be placed next to the Library.
Durnpster A 20-yard rolloff dumpster is ordered from Southern Waste Systems and will be
placed next to the portolets as noted above. It will be dropped off on Friday and picked up on
Monday as well.
Trash Receptacles: Trash receptacles will be supplied and maintained by our professional
clean-up crew, Profest (Mitch). They will handle clean up of the trash throughout the area each
day.
Vendor Parking: Parking will be at Hand's parking lot. (North side next to NE 1st Street)
Insurance: City required certificates will be issued.
Bob, thanks for all your great help for this past weekends show, it was a groat success. Please
accept my apologies for not getting this to you sooner. This should have been sent weeks ago.
Please note we will be pulling together the permit requests for the rest of 2004 over the next few
weeks. If you have any questions, please feel free to call me at (954) 472-3755.
Ja~-~tt~-Gomez
Operations Director
9695 W. IIROWARD BLVD. · PLANTATION, FLORIDA 33324
(954) 472-3755 ' FAX (954) 472-3891
www.artfestival .con1
City of Delray Beach
Special Event Permit
Application
PLEASE PRINT
Event Date(s):
d ,
Event T,me(s):
Event Sponsor/Producer:
Event Contac~Coordinator:
Name:
Telephone Number: qg~-~3~-$~g~ Cellular Number:
E-mail Address:
Event Description/Purpose:
DB.RAY BEACH
1993
2001
Sponsor Category (please check) City [] Non-Profit/Charitable [] Private
Co-Sponsor- Non-Profit/Private []
(If Non-profit attach proof of 501c(3) or (d))
Event Location (Describe area boundaries of event/location):
Site plan attached
(Site plan required for entire event site)
Event budget attached
(Required for all events)
Serving or selling alcoholic beverages
yes L../ no
yes. / no
Yes. ~
no
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
1
Event certificate of insurance attached yes u'/ no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music yes no
(Waiver required)
/
Requesting Police assistance yes (/ no
(traffic control/security)
Will supplement with private secudty yes no
(If yes, need plan attached)
Requesting Emergency Medical assistance yes no
Requesting barricade assistance yes.---/'"' no
Requesting trash removal/clean up assistance yes no
Requesting trash boxes and liners yes no
Requesting stage use yes
(If yes, check type)
Large stage covered []
Half small stage []
no
Largestage no cover [3 Small stage []
Requesting sig.nage / yes ~ no .,~
Type: Eventslgn ~' Directional eigns ~ ~'~>~.L~_ ~,cL~.~c~L~ ~
Banner hanging Indicate dates required
(Waiver required if more than one (f) week prior to event)
Food and beverage vendors
If yes, approximate number
Health Department approval
Othervendors
yes. ~'~' no
yes. no
yes. no
~/~nts ,.~ ~.,o c.~.~,~.~.~J¢ (.~,,.~,..z yes
yes, ~en~ permits and fire inspections maybe needed)
no
Will the event include amusement rides yes no
(If yes, type and location and copy of liability insurance required)
Will the event be gated
(Show on-site map)
yes no
Will there be fireworks or other pyrotechnics
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas
(If yes, contact Fire Marshall)
yes no
yes no
Will you be providing port-a-lets for the event yes
no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
Will there be a charge for the event
(If yes, indicate ticket prices)
Is reserved parking requested
(If yes, indicate locations)
yes no ~'/
yes no ~/'
~ordinator~ Da,L/ J°V
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach. Florida 33444.
For Staff Use Only
Date Received
Application fee received
Site map ~
Budget
Certificate of insurance
Hold Harmless agreement
Security plan ,-"
Waiver alcoholic beverage ~,,//~
Railroad approval
Coast Guard approval
501c(3) or (d) certificate or letter
Health Department approval
Fire inspector approval
Police Department approval
Public Works approval ~"
Parks and Recreation approval
City Commission approval
3
American Craft Endeavors
7th Annual Delray Craft Festival
February 28- 29, 2004
PROPOSED BUDGET FOR FEBRUARY 2004
Income
Number of Crafters 110
Number of Food Vendors 3
Total Revenue
EXPENSES
Advertising:
Boca Raton News
Palm Beach Post
South Florida Newspaper
Sun Sentinel
Advertising SubTotal
Services:
Permit
Signage
Sanitation
Sanitation
Sanitation
Barricades
Security
Rentals
Graphics for advertising
Payroll
Rental Property
Lodgings and meals, travel
One Million Dollar liability ins policy
Administrative Overhead
Crafter Revenue
Food Vendor Revenue
Service SubTotal
Total Expenses
Show Profit
Expense
Expense
Expense
Expense
Palm Beach County Health Expense
AA Sign Lines Expense
Anderson Rentals Expense
BFI Expense
Pro Fest Expense
Bob's Barricades Expense
City Of Delray Beach Expense
Pro Fest Expense
Expense Expense
Helayne Stillings & Staff Expense
Delray Joint Venture Expense
Expense
Expense
telephone, mailings,etc Expense
$16,500
$1,049.40
$17,549.40
$708.50
$1,551.12
$325.00
$1,544.80
$4,129.42
$25.00
$600.00
$603.50
$746.36
$370.00
$212.00
$%059.08
$114.70
$75.00
$1,677.80
$2,000.00
$400.00
$425.00
$1,100.00
$9,308.44
$13,437.86
$4,ttt.54
sent By: HOWARD ALAN EVENTS;
wage 4/4
81-08-04
11:0?am Fro~,-8843822810 984 382 2810 T-887 P.003/003 F-866
CERTIFICATE OF INSURANCE 1" :2o /o;
PRODU~R .L
1712 M~Ox Way
~.Oo B=.~ 233B
T~OT~i~.T),2M~,~T,gV'~Tq"L'S LTD
9695 ~,~ 5TJVD,
I:~Z.d~[T~T~O~, ~ 33324
coM~^~r A
OOklPANY B
, ~TTER ~--
TYPE OF INSURANCE
~co78a~22o~ $/05/03 3/os/o4
Diner than Unf~J~ ~on~
Wmkera'C~n
and
Z2:0~L~ ].2:0~&-~
3/0S/03 3/0S/04
$
lo00 :1000
$
C~;TY OP DELR~Y
100 NW I~T ~VEIqUE
DELKAY BE~C~ FL
X
,C.a_ _t~tmt ATION ~
· :HOULD ANY OF THE ~ DESCRIBED pOL]¢I~S BE
~C~ED 9~oRE ~E ~1~ ~TE ~EOF, THE
WRi'; ~N ~CE ~ ?~ ~ ~ ~D TO
NO O~N OR ~ OF ANY RND U~ ~E
;~ TOTRL PRGE.O5 ~
01-08-04
1712 M&g~avox
P.O. ~ox 2338
Fork Wayne, In 46801
11:0?am From-964382291O 954 382 28t0 T-66T P.002/003 F-865
CERTIFICATE OF INSURANCE 970696 I
I
[] ./os/o4
(S]~ GAI3001)
HOWARD ALAN EVENTS LTD
9695 W.BOWARDBLVD.
PLANTATION, FL 33324
COVEP~_~E$
THI~ ~'lt:t ~.~mu~ ~'THB ~1~1 OF INBU~AHC, E L.~,'--~ ~ H~ ~N I~UED ~ THE ~U~ ~ED ~E ~F ~E ~LI~ ~ IN.
TIO~ OF SUCH ~1~, ~ ~N ~ ~ ~N ~UC~ ~ PAID ~
~mmmmal General ~ ,ab/li~,
D~TE ~MI DDIY'~ DATE i~M J DDIY*~
PAC0788942201
LIMIT'~ (in tha~sam'k:)
12:01AM 12:01~,~,] 5000
3/05/03 3/05/04
~ ig~.'Un~lC e
liability
Wb~me~' C~ ml~i~n
Em~lo,~m' Llablmy
EXC0788942301
12:01AM 12:01AM
~mbined
-100~
PROO~ CERTIFICATE ONLY
AD&D
kb~ic~l $
W'eak~ Indomnr~, s x
DELRAY JOINT VENTURE
ATTN: MARJORIE FERRER
64 SE 5TH AVENUE
DELRAY]SEACH, F~ 33483
DATE:
CAN_e~_LL~TI~N
27-28 2004
SHOULD ANY OF THE A~DVF_ DESCRfm=r~ POLICIES BE
CAN~:LH) BE;ORE THE ExP'mR4'I'ION DATE THERE_OF, TN;::
I~SUIHG ~)MPANy WiLL ENDE. A'~DR TO M~NL_ 30 DAYS
WRIT'TI~ NOTICE 'I0 THE CERllFICA'm HOLDER NAMED TO THE
LEFT. BUT FAILURE TO MAIL ,SI.~H NOT1CE SHALL IMPOSE NO
O~,LIGdD'ION OR LIABB. ITY 0~' ~Y KIND UPO~ THE COMPRNY,
FI~ A~EN%~ OR IRb-'PHEBEN'PEWES,
[lTV I]ELRI:I¥ BER[H
DELRAY BEACH
AII-Amedca City
1993
2001
TO:
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000
MEMORP DUM
David T. Harden, City Manager
FROM:
{~d~/Robert A. Barcinski, Assistant City Manager
DATE: January eT, e00+
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING February $,
SPECIAL EVENT APPROVAL-SAINT PATRICK'S DAY PARADE
ACTION:
City Commission is requested to approve a request to conduct the ~6th Annual Saint
Patrick's Day Parade proposed to be held on Saturday, March iS, g00~} beginning with
set up at noon, and ending at approximately S:$0 p.m. , and to grant a temporary use
permit per LDR's Section ~.s.6(H) for the use of Atlantic 'Avenue from Venetian Drive to
the County Courthouse for the parade and Venetian Drive and Gleason Street for staging
of parade entries. Commission is also being requested to approve staff support for traffic
control and security, barricading, trash removal, assistance in obtaining the FDOT
permit, use and set up of half of the small stage, and waiver of LDR's Section +.6.7(F) (S)
(J) (ii) to allow event signage to be put up S0 days prior to the event.
BACKGROUND:
Attached is a permit and letter request from Edward Gallagher on behalf of the St.
Patrick's Day Events, Inc. to approve the parade and provide staff support for traffic
control and security, clean up, stage set up and removal, barricading, assistance in
preparing the FDOT permit and to allow event signage to installed S0 days prior to the
event. The parade will start at e:00 p.m. and end approximately s:$0 p.m. Venetian
Drive and Gleason Street will be utilized to stage the parade entries and we would close
these streets by noon. Estimated overtime for the event is $5,870, stage rental $fl65 and
barricade rental $110 for a total of $6,~2+5. Last year's overtime costs were $5,5+1. Per
event policies and procedures, the event sponsor would be required to pay approximately
$677.50. Also attached is a memorandum from Lt. Williams, from January ~2000 outlining
other conditions and suggestions that should be required. The parade organizers and I
concur with these conditions. A copy of the event budget and site plan are attached.
THE EFFORT ALWAYS MATTERS
Saint Patrick's Day Parade 2004, Agenda Request
Page 2 of 2
RECOMMENDATION...
I am recommending approval of the event request, the temporary use permit, providing
staffsupport as requested and approve the waiver of the sign code with the following
conditions:
1. All conditions contained in Lt. Williams January g0, ~000 memo be met.
The event sponsors provide the City with the required general liability insurance
and hold harmless agreement.
5. Event signage not to be put up any earlier than March 5, e00{.
RAB:ags
Attachment
File: Allen/Asmemos
Doc: Agenda Item Saint Patrick's Day Parade ~004
City of Delray Beach
Special Event Permit
Application
PLEASE PRINT
DELRAY BEACH
1993
2001
%
Event Sponsor/~roducer:
Event GontacUOoordinator:
Telephone Number: ~t( ~ 0¢¢~' Cellular Number: ~/¢~ 7~
E-mail Address:
Event Description/Purpose:
Sponsor Category (please check)City [] Non-Profit/Charitable,~ Private []
Co-Sponsor- Non-Profit/Private []
(If Non-profit attach proof of 50fc(3) or (d))
Evener Location (Describe area boundaries o[,event/Iocation):/~/~d~,~ ~-
Site plan attached
(Site plan required for entire event site)
Event budget attached
(Required for all events)
Serving or selling alcoholic beverages
yes
yes
yes.
no
no
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
/
Event certificate of insurance attached yes no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music
(Waiver required)
Requesting Police assistance
(traffic control/security)
yes
yes.
Will supplement with private security yes
(If yes, need plan attached)
Requesting Emergency Medical assistance yes.
Requesting barricade assistance yes
Requesting trash removal/clean up assistance yes
Requesting trash boxes and liners
yes
no
Requesting stage use
(If yes, check type)
Large stage covered
Half small stage X
Requesting signage
Type: Event sign
Banner hanging
yes
Large stage no cover []
yes
Directional signs.
Indicate dates required
no
no
no
no
no
no
no
Small stage []
no
(Waiver required if more than one (l) week prior to event)
Food and beverage vendors
If yes, approximate number
Health Department approval
yes. ~ no
yes t/' no
yes. I~ no
Other vendors
Tents yes
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides yes. no
(If yes, type and location and copy of liability insurance required)
Will the event be gated
(Show on-site map)
yes no
no
2
Will there be fireworks or other pyrotechnics
(If yes, contact Fire Marshall)
yes
Will there be cooking with compressed gas yes
(If yes, contact Fire Marshall)
/
Will you be providing pod-a-lets for the event yes. V/ no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
Will there be a charge for the event
(If yes, indicate ticket prices)
yes no
Is reserved parking requested
(If yes, indicate locations)
yes no
no/'
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 N.W. Ist Avenue, Delray Beach, Florida 33444.
For Staff Use Onily I . I
Date Received If~!D/'f
Application fee received
Budget
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage ~/~ . . -.
Railroad approval v"
Coast Guard approval v'~L~,3
501c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
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MOTORCYCLE
MOTORCYCLE
ST. PATRICK'S DAY EVENTS, INC.
P.O. BOX 1016
DELRAY BEACH, FLORIDA 33447
PROJECTED INCOME/EXPENSE FOR 2004 PARADE
INCOME ~XPENSE
$10,000 - $12,000
Dpt of State Filing $ 6t.25
Bank Fees $ 125.00
Camilucci Signs $ 508.80
Plastridge Insur. $1,195.16
P. Bch Pipe & Drum $ 600.00
Police Pipe & Drum $ 600.00
Accounting $ 375.00
Cit of Delray Fees $ 150.00
Ft. Laud. Highland $ 750.00
Bob's Barricades $ 165.00
FI. Dept of Rev. $ 300.00
$ 4,830.2t
DELRAY BEACH ]POLICE DEPARTMENT
MEMORAND UiVj[
TO:
FROM:
DATE:
SUBJECT:
Mr Robert Barcinsld
As; Jstaut City Maruagcr
Lieutenant GeoffWil]iams ~//
Sp~ einl Opetafi. ons Section
.lan' z~u-y 20, 2000
ST. PATRICK'S DAY PARADE
Below is a Kst or,he police deparln~nt's requests and suggestions for a safer St. Patrick's Day
parade.
1. Parade marshtis:
,, OrgoaaLzers sh(.uld provide twenty marshals Io monitor parade participants and enforce
restriction.
* Marsl~s sh~ ! not be permittcf~to consume alcohol prior to or during the parade.
M~rsbals need 'o be informed of thc rules for the parade and trained in what to do tithe rules
are brokcm.
e They need to [ e identifiable. M~rshals should be clothed in a brightly colored T-shirt (day
glow) with the ;vords "PARADE lVlARSHAL" prhated on the front ~ud back.
o Tkey need to b; trained ha how to }iue up the floats, marchers, etc., La the staging areas and
how to get them onto E. Atlantic Avenue in a timely manner in order to keep the gaps to a
· 'I\¥o marshals ~teed to be assigned to assist the offteers posted al E. Atlantio Ave. and the
FECRR to help x~dth clearing people from thc traek~ as trains approach·
2. AIcoholliee~ase extegslons:
.o The city should not granl any alcohol license extensions.
3. Floats:
,, Float operators need to be given a /Jst of parade rules and held aecomxtable fox their
eafforc, ement.
· A/1 parade pzufi~:ipants need to travel to the terminus located ~t the courthouse.
* Absolutely no s/ cohol will be permit~ed on auy float. It Js a violation ofF. S. 316.1936 which
states "It is unlawful and punishable...for any person ~o possess an open container of an
alcoholic bevenge while operating a vehicle in the state or while a passcn3ger in or on a
vel~cle being o 2orated in the state." According to our legal adv~sor, Kathy Kozol, this
It
~/2000 16:25 5612436232 DELRAY BEACH POLICE PAGE 83/83
2
protfibition, do ;s exterd to trailers being drawn by 'any vehicle. This can be enforced by
officers we wi 1 tmye ~Io.wntown early. They can/aspect each float/vehlc]e partiolpafing in 'the
parade. The:e will probably have to be a chase ia the t~loal permits whereby ,the
op~rators/ow~ xs agre~ to permit full iarpe~ion by the Delray Beach Pol/ce Department.
No.itcrra at all ~houl-d be permitted to be thrown fi.om any float, vehicle or by any person
participating ir the parade. There is no problem with walking'partici£ants handing out items
such as candy, hats, etc....
Vendors:
No vendor sh,uld be perrr~tted to sell Silly String or similRr item, noiseim,kers known as
Strops or Potrp ~'r~ or any other type of exploding cz pyroleclmic device, NoJr shotfld they be
permitted to se 1 may itero that is the facsimile of any weapo~
Crowd Contrt 1: ~
We would like to utilize the French barricades to assist us with crowd control ia the 200-300
blocks of E. At m~tic Ave.
Should you have a~.y que~ions I can be reached at X-7885.
GRW/grw
CC:
ST. PATRICK'S DAY EVENTS, INC.
P.O. BOX 10t6
DELRAY BEACH, FLORIDA 33447
TEL & FAX: 561 243 0069
RB~elVED
'~ ~ 2 8 200/,
CITy MANAGER
January 28, 2004
Mr. Robert Barcinski
City of Delray Beach
100 N.W. 1`t Avenue
Delray Beach, Flodda 33444
Re: St. Patrick's Day Parade
RECEIVED
JAN 2 8 ~4
CITY MANAG~E~
Dear Mr. Barcinski:
Pursuant to our conversation with your office this date, enclosed please find the following:
2002 Parade Income/Expense
2003 Parade Income/Expense
2004 Projected & Intended Donation to the 505 Teen Center of Delray Beach
A~ you know, we are also starting a golf tournament this year. Hopefully, the tournament will
raise $3,000 to $4,000. Combined with the donations to the parade and the decrease in
expenses to the City, we hope to be able to donate in excess of $5,000 to the 505 Teen
Center here in Delray Beach.
I hope this addresses your questions. Please feel free to call if you have any further
questions.
Kindest regards,
Edward Gallagher
Parade Coordinator
ST. PATRICK'S DAY EVENTS, INC.
P.O. BOX t0'16
DELRAY BEACH, FLORIDA 33447
INCOME/EXPENSE FOR 2002 PARADE
INCOME EXPENSE
$8,198.00 (DONATIONS)
INSURANCE $1090.00
BARRICADES $ 220.00
PM BCH PIPE & DRUM $ 600.00
FT. LAUD HIGHLANDERS $ 600.00
CITY OF DELRAY $ 3100.00
U.S. POSTAL SERVICE $ 65.00
BANK CHARGES $ 186.00
DEPT. OF STATE $ 2tl.25
TOTAL $ 6062.25
912/02 COHTRIBUTION TO DELRAY CITIZENS FOR
DELRAY POLICE $2000.00
$8476.25
ST. PATRICK'S DAY EVENTS, INC.
P.O. BOX 1016
DELRAY BEACH, FLORIDA 33447
TEL & FAX: 561 243 0069
INCOME/EXPENSE FOR 2003 PARADE
INCOME EXPENSE
$9,730.00 (DONATIONS)
Dpt of State Filing $ 6t.26
Bank Fees $ 216.00
Camilucci Signs $ 608.80
Plastridge Insur. $ t,t95.t6
P. Bch Pipe & Drum $ 600.00
Police Pipe & Drum $ 600.00
Postage $ 76.00
Accounting $ 375.00
Cit of Delray Fees $ 6,540.94
Ft. Laud. Highland $ 750.00
Bob's Barricades $ 165.00
FI. Dept of Rev. $ 300.00
$10,388.t5
ST. PATRICK'S DAY EVENTS, INC.
P.O. BOX 1016
DELRAY BEACH, FLORIDA 33447
PROJECTED INCOME/EXPENSE FOR 2004 PARADE
INCOME EXPENSE
$10,000 - $t 2,000
Dpt of State Filing $ 6t.25
Bank Fees $ 125.00
Plastfidge Insur. $1,195.16
P. Bch Pipe & Drum $ 600.00
Police Pipe & Drum $ 600.00
Accounting $ 375.00
Cit of Delray Fees $ 150.00
FL Laud. Highland $ 750.00
Bob's Barricades $ t65.00
FI. Dept of Rev. $ 300.00
$ 4,32t.4t
[ITY OF I]EUtI:IY BER[H
DELRAY BEACH
NI-Amm~ca C~
1993 TO:
2001
FROM:
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 - 561/243-7000
MEM DUM
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
DATE: January 27,
SUBJECT: Agenda Item City Commission Meeting February 2,
Ratification Sister Cities Committee Board of Directors ~00~
ACTION:
City Commission is requested to ratify the slate for the Board of Directors for the
Sister Cities Committee for calendar year 200+ as attached.
At their annual meeting held on January 26t~, ~00~, the membership of the Sister
Cities Committee unanimously approved the proposed slate of Directors for calendar
year 200+. Per their By-laws there may be up to twenty-one (21) Directors. The
Executive Committee agreed to reserve seven (7) positions for the Miyazu
Committee, seven (7) positions for the Moshi Committee and seven (7) at large
positions. The slate presented included nineteen (19) appointees with two (2)
vacancies remaining for the Miyazu Committee.
RECOMMENDATION:
Staff recommends ratification of the proposed slate of Directors for the Sister Cities
Committee for ~00~ as per the attached.
RAB:ags
Attachment
File: AUen/Asmemo*
Doc: Agenda l~em Sister Cities Boasd of Directors 2004
THE EFFORT ALWAYS MATTERS
Delray Beach Sister Cities
Established 1977
Nominating Committee
Recommendations for 2004
The organization is governed by a Board of Directors with board positions for ~ !
members. The organization has continuing committees for each of its affiliate sister
cities and other special committees. The affiliate sister cities are Miyazu, Japan and
Moshi, Tanzania, East Africa.
1.) Nominations for appointment to the Board of Directors for year ~00~:
John Bennett (T)
Charlotte Durante (T)
Daisy Fulton (T)
n'Detenga n'Gurumo ((T)
Charles Hardiman (J)
Nancy King (AL)
Beth Johnson (AL)
Theodore Marshall, Jr. (T)
Ngozi Mensah (T)
James Mihori (J)
Clovis Moodie (AL)
Peggy Murphey (AL)
Morton Noble (J)
Rebecca O'Connor (AL)
Larry Rosensweig (J)
David W. Schmidt (AL)
Bonnie Seltzer (T)
William F. Wilsher (J)
Kathy Weigel (AL)
Nominations for the officers of the Board of Directors for year eO0~:
David W. Sehmidt, President
Ngozi Mensah, Vice President
William F. Wilsher, Secretary
Becky O'Connor, Treasurer
[ITY DF OELRRY BEI3£H
DELRAY BEACH
100tq W 1st AVENUE
AIl-AmBrl~a gl~/
1993
200I TO: David T. Harden, City Manager
FROM: f~oobert A. Barcinski, Assistant City Manager
DELRAY BEACH FLORIDA 33444
DATE:
January 27, 2004
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING
February 3, 2004 APPROVAL -AGREEMENT
HORSE DRAWN CARRIAGES, INC.
A~'rlOl~
City Commission is requested to approve an agreement between the City and Horse
Drawn Carriages, Inc. to continue to provide this service through May 2, 2004 on
Wednesday through Saturdays from 6:00 p.m. - 11:00 p.m.
B&CK~tROUI~ID
Our agreement with Horse Drawn Carriages, Inc. approved on October 21, 2003 expired
on January 4, 2004. This agreement was for the holiday season. Attached is a request
received from Rebecca Learman to allow her to continue operating through the tourist
season on Wednesdays through Saturdays from 6:00 p.m. until 11:00 p.m.
She would again operate from two (2) locations, N.E. 1st Avenue just north of Atlantic
Avenue and from the Marriott. Ten percent (10%) of fees collected will be contributed to
the Joint Venture.
P~COMMF.,NDATIO/4
Staff recommends approval of the proposed agreement with Horse Drawn Carriages, Inc.
as attached contingent on receipt of a hold harmless agreement.
RAB/dr
561/243 7000
File:U:RANGEL/KAB/
Agenda/horse drawn carriages
Rebecca Learman
Horse Dra~ Carriages, lac
11715 Sunset Blvd.
W~t Palm Beach, FI. 33411
Robcfl Barcinski
Assr City Matmger
City of Dchay Beach
100NWl~Ave I
Deitay Rcach. Fl 33444
January I 1, 2004
Re: Cmttinuing h0rse..drav,'n carriage so'vices in Dclray Beach
'Dear R0bc~:
Thank you for t~c oplx',nunib to work our hor~.draw~ carriages in l)oln ,, Beach. Our
istay has b~en a wondcrfid success. We did 275 carriage rides and 1 ~ill ge~ calls every
day. Wc arc in high demand!
Thc pc0plc of Dclr.,y P,~ach have welcomed us wholehe.~edly, and slnc,~ wc startM in i i
'Novcmhc¢ n~orc than a half dozen people daily have told us h. ov¢ roach riley like to see u~;i
.here m~d how much we fit into the picturesque scene, nostalgic life and r~evelopmenl ~
efforts of D~Irax I~ach.
Many IX:opic have le~ us know thcW would like to sec us stay, and we wo01d like to
conti~Oc working in Delray Beach after the holiday event. W~ wotlld lik~ to work
WcdnCSday through .gat.ur.day evening from 6pm - I I pm. We arc able k~ ~:ontlnue using
thc CRA warehoust, until ~t is tom down at thc card of March, al whic.h l~int we will
secure a warehouse on North RailroM Ave. Dclray Beach and thc Joint 9~:ntu~c are
covcrcd as additional insured on our insurance policy until November 20~.
it is a plcasure working in Dclmy Beach and we ate looking forward to coming back.
' $in~cr~:ly,
Rebecca Ix:annan
Horse Drawn can'iages, Inc.
AMENDMENT NO. 1 TO THE
LICENSE AGREEMENT DATED NOVEMBER 4, 2003
THIS AMENDMENT NO. 1 to the License Agreement dated November 4, 2003,
made and entered into this __ day of ,2004 by and between the
CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (hereinafter referred to
as "CITY"), and HORSE DRAWN CARRIAGES, INC., (hereinafter referred to as
"CARRIAGES").
WITNESSETH:
WHEREAS, the CITY controls certain roadways located within the City of Delray
Beach; and
WHEREAS, CARRIAGES desires to use, on a non-exclusive basis, these
roadways for the operation of horse-drawn carriage rides to the general public; and
WHEREAS, the CITY believes that offering carriage rides during the season as
herein described is beneficial to the CITY and the economic viability of downtown; and
WHEREAS, the CITY would like to adopt an Amendment No. 1 to the License
Agreement to extend the time to allow home drawn carriage rides through the season
under the terms set forth herein; and
WHEREAS, CARRIAGES agrees that ten percent (10%) of their gross revenues
shall be donated to the Joint Venture; and
WHEREAS, Land Development Regulations Section 2.4.6(H) permits this
temporary, seasonal use if a license agreement is approved by the City Commission.
NOW, THEREFORE, in consideration of the mutual premises, covenants and
agreements contained herein, the parties hereby covenant and agree as follows:
1. RECITALS.
The recitals are hereby incorporated as if fully set forth herein.
2. LICENSE; TERM.
The CITY hereby grants to CARRIAGES the right and privilege to use Atlantic
Avenue east of Swinton to the Marriott from November 21, 2003 through May 2, 2004
to provide horse drawn carriage rides in accordance with the terms of the November 4,
2003 Agreement and this Amendment No. 1 thereto.
3. TERMS OF THE AGREEMENT DATED NOVEMBER 47 2003.
All of the terms and conditions of the November 4, 2003 agreement, except as
expressly modified herein, remain in full force and effect.
4. ENTIRE AGREEMENT.
The terms of this Amendment No. 1 and the Agreement dated November 4,
2003, constitute the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties have caused this agreement and one
counterpart, both of which shall constitute originals, to be executed by its proper officers
hereto duly authorized on the year and date first above written.
ATTEST:
City Clerk
Approved as to Form:
CITY OF DELRAY BEACH, FLORIDA
By:.
Jeff Perlman, Mayor
City Attorney
WITNESS:
HORSE DRAWN CARRIAGES, INC.
By:.
Name
Printed:
(print or type name) Title:
SEAL
STATE OF
COUNTY OF
The foregoing instrument was
, 2004 by
Horee Drawn Carriages, Inc., a
corporation. He/She is personally known
(as identification).
acknowledged before me this
corporation,
to me/or
day of
of
on behalf of the
has produced
Signature of Notary Public
MEMORANDIJM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # <~Mk - REGULAR MEETING FEBRUARY 3. 2004
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD AI~yrlQN$
DATE: JANUARY 30, 2004
Attached is the Report of Appealable Land Use Items for the period January 12, 2004 through January
30, 2004. 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\agenda memos\apagmen~ OZ 03.04
TO:
THRU:
FROM:
SUBJECT:
DAV,~ ~'i~ .' HAR N, CITY MANAGER
PAUL DORLING,~DIRECTOR.~ c/ OF PLANNING AND ZONING
M~LL~NER
MEETING OF FEBRUARY 3, 2004 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS JANUARY 12, 2004 THRU
JANUARY 30, 2004
The action requested of the City Commission is that of review of appealable actions which
were made by various Boards during the period of January 12, 2004 through January 30,
2004.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this meeting, the
appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E)
of the LDRs applies. In summary, it provides that the City Commission hears appeals of
actions taken by an approving Board. It also provides that the City Commission may file an
appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the
Commission as an appealed item.
No appealable items were considered by the Planning and Zoning Board. The following
items will be forwarded to the City Commission for action:
Recommended approval (6 to 0, Jess Sowards absent), of an amendment to the Land
Development Regulations Enacting a New Subsection 2.4.3(K)(6), "Delray Beach Fire-
Rescue Department Fees".
· Recommended approval (6 to 0), of an amendment to the Land Development
Regulations Section 4.4.17(B)(2) RO (Residential Office) regarding duplex structures.
City Commission Documentation
Appealable Items Meeting of February 3, 2004
Page 2
· Recommended approval (6 to 0), of a proposed moratorium for a period of four
months for adult arcade establishments.
A. Tabled (5 to 0, Gary Eliopoulos and Deborah Dowd absent), a request for a color
change for proposed awnings for Liberty Warehouse Associates, an existing
commercial building, located on the north side of East Atlantic Avenue, between NE 1st
Street and NE 2nd Street (137 East Atlantic Avenue). The Board tabled the item and
requested that the owner provide a color palette of compatible colors.
B. Approved (5 to 0), a request for a color change for 701 Forum Building, an existing
commercial building, located at the southeast corner of SE 6th Avenue (northbound
Federal Highway) and SE 7th Street (701 SE 6th Avenue).
C. Approved (4 to 0, Mayer Abbo stepped down), a request for a color change for 766 SE
th th
5 Avenue, an existing commercial building, located on the west side of SE 5 Avenue
(southbound Federal Highway) south of SE 7th Street.
D. Approved (5 to 0), a Class II site plan modification and landscape plan associated with
the provision of additional parking spaces for Delray Park of Commerce -Tract "C",
located on the east side of NW 17 Avenue, north of Lake Ida Road within the Delray
Park of Commerce development (855 NW 17th Avenue). Concurrently, the Board
approved the following waivers:
· Allowed more than ten (10) consecutive parking spaces without the provision of a
landscape island.
· Eliminated the requirement to terminate a row of parking spaces with a landscape
island adjacent to a loading area.
1. Approved (4 to 1, Jeffrey Silberstein dissenting, Francisco Perez-Azua and Randy
Schatz absent), a Certificate of Appropriateness associated with elevation changes for
'10 NE 5th Street, a non-contributing single family residence located on the south side of
NE 5th Street, east of Swinton Avenue.
2. Approved (5 to 0), a Certificate of Appropriateness associated with the installation of a
wall sign for the Sol Kitchen, located on the south side of east Atlantic Avenue, east of
Swinton Avenue (4 East Atlantic Avenue).
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
February 3, 2004
ATLANTIC
S.P,R.A,B.:
A. LIBERTY WAREHOUSE ASSOGIA TES
B. 701 FORUM BUILDING
C. 766 S.E. 5TH AVENUE
D. DELRAY PARK OF COMMERCE
TRACT "C"
H.P.B.:
'~. SCHNEIDER RESIDENCE
2. SOL KITCHEN
CITY OF DELRA¥ BEACH, FL
PLANNING & ZONING DEPARTMENT
200a
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~'~
AGENDA ITEM # ~ ~ - REGULAR MEETING OF FEBRUARY 3. 2004
AWARD OF BIDS AND CONTRACTS
JANUARY 30, 2004
This is before the City Commission to approve the award of the following bids:
Contract award in the amount of $384,790.00 to Daytech Manufacturing, Inc. for
the purchase, assembly and installation of forty-seven (47) bus shelters at selected
sites throughout the City. Funding is awil~ble from 334-3162-544-65.70 (Bus
Shelters)
Contract award to RSI of Florida, Inc. in the amount of $77,937.00 for the re-
roofing of the Utilities Maintenance Building project. Funding is available from
442-5178-536-62.10 (Water/Sewer Renewal and Replacement Fund/Buildings).
Recommend approval of the above bids and purchases.
S:\City Clerk\agenda memo\Bid Memo.0Z03.04
TO:
THRU:
FROM:
_. HARDEN, CJTY MANAGER
SCOTT ARONSON,' PARKING MANAGEMENT SPECIALIST
SUBJECT:
MEETING OF FEBRUARY 3, 2004 - CONSENT AGENDA
APPROVAL OF THE CONTRACT WITH DAYTECH MFG. FOR THE
PURCHASE, ASSEMBLY AND INSTALLATION OF 47 BUS
SHELTERS THROUGHOUT THE CITY
At the City Commission meeting of December 9, 2003 bid #2003-056 was awarded to
Daytech Mfg. for the purchase, assembly and installation of 47 bus shelters at
selected sites throughout the city.
The approved bid estimated the cost of the concrete slabs under a worse case
scenario and assumed all shelters would contain the more expensive solar power
lighting. Subsequent to the award of the bid preliminary site inspections have been
conducted and have resulted in cost saving adjustment of $69,324.00, lowering the
original bid amount from $454,114.00 to $384,790.00. Palm Tran, through a 50/50
Grant program will reimburse the City 50% or $192,395.00 for the purchase and
installation of the shelters.
The Community Redevelopment Agency (CRA) is contributing $64,560.00 toward the
cost of 16 of the 47 shelters. Contributions from various developers in the amount of
$18,000.00 have funded an additional four (4) shelters. The remaining 27 shelters
will result in a cost to the City of $109,835.00. Attached for your review is a signed
copy of the agreement between Daytech Manufacturing and the City representing the
revised total prepared by the City Attorney's office.
Funding for this project is available through account #334-3162-544-65-70 as noted
on the attached project budget worksheet.
By motion, approve the contract with Daytech Manufacturing in the amount of
$384,790.00 for the Purchase, assembly and installation of 47 bus shelters at
selected sites throughout the City.
Attached:
· Signed agreement
· Project Budget Worksheet
Bus Shelter Project
Fiscal Year 2003-04 Budaet
Revenues:
General Fund Transfers 334-0000-381-10.00 $ 64,600
Prior Year Balance (City) 334-0000-301-34.00 25,000
Prior Year Balanoe (Developers) 334-0000-301-34.00 22,500
PBC Palm Tran Grant (50%) 334-0000-337-59.08 150,400
CRA Grant 334-0000-366-70.13 51,200
Total Revenues $313,700
Expenditures: (47 shelters ~ $6,400 estimated cost) ($47,500 from prior year)
Bus ShelterSTotaI Expenditures 334-3162-544-65.70
$313,700
$313,700
Current Situation
City Commission is being asked to approve contract for 47 bus shelters at a total project cost of
$384,790. This would include 23 ~ $7,370 (no lighting required) and 24 ~ $8,970 (solar
lighting required).
Palm Beach County (Palm Tran) will reimburse 50% of the project cost or $192,395. This is a
reimbursable grant and therefore the City must front-end the cost of this project. This would leave
a balance of $192,395 to be funded.
The CRA is sponsoring 16 shelters representing $129,120. Since the Palm Tran Grant is paying
50%, the net CRA payment is $64,560. This leaves an unfunded balance of $127,835.
Developers have contributed $30,000 (7,500 x 4 shelters). Since the cost of each lighted shelter
is approximately $9,000 of which Palm Tran Grants will pay 50%, the Developer cost would be
$4,500 x 4 or $18,000. The balance needs to be refunded. This would leave a balance to be
funded of $109,835 to be funded by the General Fund.
Fiscal Year 2003-04 Budget {Revised)
Revenues:
General Fund Transfers 334-0000-381-10.00 $ 84,835
Prior Year Balance (City) 334-0000-301-34.00 25,000
Prior Year Balance (Developer) 334-0000-301-34.00 13,500
PBC Palm Tran Grant (50%) 334-0000-337-59.08 192,395
CRA Grant 334-0000-366-70.13 64,560
Developers (50% x 9,000) 334-0000-366-11.01 4,500
Total Revenues $384,790
Expenditures:
Bus Shelters 334-3162-544-65.70
Total Expenditures
$384,790
$384,790
Note: This revision does not include $2,350 for tinting of the glass partitions (Comm. Costin).
This would increase the per shelter cost by $50.
01/06/2004 17:03 FAX 716+667+1709 P 1~002/010
J'~'N. 6.2004 4:02PM CITY OF DELRAY BEACH NO.~OO P.~./10
STANDARD FORM OF AGREEMENT
BETWEEN CITY AND CONTRACTOR
FOR BUS SHELTER PHASE I
RFP 1V~003,,,56
THIS AGREEMENT made this ~' day of .~Z'/~///~;?~ ,
between the CITY OF DELRAY BEACH (hereinafter called CITY) and ./'~,~
.._ (hemirtafter Calle~ CONTRACTOR).
WITNB~SETH:
The CITY and the CONTRACTOR in consideration of the mutu
hereinafter set forth, agree as follows:'
1- The undersigned CONTRACTOR hereby represents that he
examined all Contm~ documents, and will perform the contractual requiremeni
all covenants and conditions.
2. The CONTRACTOR, as evidenced by the execution of
acknowledges that it has examir~ed the physical characteristics of the job
The CONTRACTOR further acknowledges that the bid price Includes
expenses required for the satisfactory completion of the cofltmcts requiremenl
3. The contract between the CITY and the CONTRACTOR include
documents which are attached hereto and incorporated herein by reference of~
CONTRACT DOCUMENTS
Invitation to Bid
Standard Form of Agreement
Coq:,:N'ate Acknowledgment
Certificate
Insurance Requirements
Sample Insurance Form
Drug Free Work Place Certification
Specifications &
(Schedule of Pricing)
PAGE NUMBER,'
1-$
6- 10
11
12
13
14
15
16- 25
)~_~, by and
covenants
~as carefully
pursuant to
contract.
~quTrements.
costs and
he following
te following:
01/06/2004 17:04 FAX 716+867+1709 P ~003/010
JAN. 6.80~4 4:03PM CITY OF DE1.F~q¥ BEACH NO.3~O P.~10
Addenda numbers to . inclusive, and any modTficatio~
Change Orders, duly delivered after execution of this Agreement.
4. The tem~ of lflis contract shall commence on the date provided b!
This agreement shall be governed by the laws of the State of FI
end hereafter in force. The venue for actions arising out of this agreement
Beach CouMy, FIo~la. '
6, All notices, requests, demands, and other given il= personall'
mailed, certified mail, return receipt requested, to the following addresses:
Asto City:.
City of Delray 8each, FL
100 NW 1st Avenue
Oelrey Beach, FL 33444
As to CONllq~CTOR:
7. The CONTRACTOR shall not, wfthout prior wffften consent
assign any portion of its interest under this contract and, specifically, the C(
shall not assign any moneys due o~ to become due without the prior written ~
CITY.
8. The CITY and the CONTRACTOR each binds himself,
successors, assigns and legal representatives to the other party hereto in
coverlants, agreements and obligations contained in the contract documents.
9. In consideration of ten dollars ($10.00) and other valuable consid
7
including
the City.
~rfda as Now
1all be Palm
delivered or
the CITY',
TRACTOR
nsent of the
[partners,
~spect to all
'afiort, the
01/06/2004 17:04 FAX 716+667+1709 P [~004/010
J~'~. ~.~4 4:~P~q CI'~ OF DELRAY BEACH MO.~20 P.4/10
CONTRACTOR shall defend, indemnify and save harmless the CITY. its
and employees, from or on account of any liabilities, damages, losses and c=
sustained by any person or persons by or in c~nsequence of any negligence
sole negligence of the CITY), recklessness or intentional wrongful mis~
CONTRACTOR and any persons empleyed or utilized by the CONTRA,
performance of this Project. CONTRACTOR agrees that negligent, reckless
wrongful misconduct includes, but is not limited to, use of any improper
liabilities, damages, losses or costs caused by or on account of'fl~e use of
materials. CONTRACTOR agrees that negligent, reckless or intentic
miseonduct also includes but is not limited to the violation of any Federal,
City laws, by-laws, ordinances or regulations by the CONTRACTOR, his st
agents, servants or employees. CONTRACTOR further agrees to defend, i~
save harmless the CiTY from all such claims and tees, and from any and
actions of eve~, name and description that may be brought against the CITY
any clatms~ fees, royalties, or costs for any invention or patent, and from any
and actions that may be brought against the CITY for the infringement of any
or patent rights claimed by any person, firm, or corporation.
The indemnification provided above shall obligate the CONTRACTOI
his own expense or to provide for such defense, at the Cll~S option, any an,
liability and all suTts and actions of every name and description that may be bi
the CITY which may result fi, om lhe operations and activities under this Cot
the construction epefations be performed by the CONTRACTOR, his subco
anyone directly or indirectiy employed by either. This indemnification includes
fees including attorney's fees and costs at l~ial and appellate leveks.
icers, agents
s received or
~xcludlng the
nduot of the
;TOR in the
or intentional
materials or
tony improper
iai wrongful
re, County or
:bcontractors.
~demnify and
all suits and
~n account of
and all suits
id all patents
to defend at
all claims or
~[Ight against
fact whether
~tmctor or by
all costs and
01/06/2004 17:05 FAX 716+667+1709 P ~005/010
JH~. 5.2004 4:O4PM CITY OF I~LRR¥ B£RCH HO.320 P.5/10
The CITY will p~y to the CONTRACTOR the specific consideration of t,
other good and valuable consideration a~ specific consideration for the
provided herein. Furthan'nore, the CONTRACTOR acknowledges that the
said consideration for ~he indemnification provision.
10. This Agreement shall be ¢~nsidered null and vc~d unless sign~
CONTRACTOR and the CITY.
11. The co.~r,~ct documents constitute the entire agreement betw~
and the CONTRACTOR and may en~y be altered, amended or rspeaied by a.
dollars and
demnlflcatlon
~rlce includes
by both the
;n the CITY
uly executed
01/06/2004 17:05 FAX 716+667+1709 P ~006/010
JHH, b.~U~4 4:,~J4FM CITY OF DELRRY B~qCH NO.3EO P,6/10
{NWITNESSWHEREOF. thepartles hereto haveexecutadth{s Agreen
dayandyearfimtabovewritt~n,
ATTF_~T;
CITY OF DELRAY BEACH, FL
City Clerk
Jeff Perlman, Mayo~'
Approved as to form:
City Affomey
(Plint or type name and §l~e) (PAnt or lype name and
(SEAL)
10
01/06/2004 17:05 FAX 716+667+1709 P ~007/010
JNN. ~.~4 4:I~PM CITY OF DELRRY BERCH NO.3~ P.?/10
CORPORATE ACKNOWLEDGMENT
The faregoing .l~strument was a..cknowledged before me this , ~ da¥~
/.
officer or agent, title of officer or egent), of
or place of incorporation) corporation, on behaff of the coq3orstlon.
He/She is (pemona{ly known to me) (or has produced identification) and has u
/~ ,~type~denfillcation) as i:
sighatum ~ PerSo~ taki.g .
Acl~owledgment
Name of Acknowledger Typed,
Printed or Stamped
~f
ime of
(state
his/her
entification.
01/06/2004 17:05 FAX 716+667+1709 P ~008/010
ZAI~. B.2OO4 4:O4PM CITY OF I~-LR~Y BEACH HO.3E0 P.S×IO
CERTIFICATE
(If Corporation)
STATE OF FLORIDA )
) SS
COUNTY OF )
)
i HEREBY CERTIFY that a meeting of the Board of Directors of
.... a corpora§on under the laws of the Hate of
,A/~:.~,.. ~/~,.~/~ held on .J"~""~" ~) ,20~, the followir
was duly passed and adopted:
'RESOLVED". that /~/~/~."~/~ dZ.~,v~'5 . as . V/4:£-
~ ~ President of the corporation, he/she is hereby authorized to execute th~
dated ~0~': ~ ,200.0.~, between the City of Delmy Beach, Flori
corporation, and that his execution thereof, attested by the Secretary of the Cr
with corporate seal alfixed, shall be the official act and deed of this corporatim
I further cerl~y that said resolution is now in full force and effect,
IN WITNESS WHEREOF. I have hereunto set my hand and affixed the
seal of the corporation this 4 day of ~'~'*~_ . . 20~.
(Seal)
, resolution
Agreement
la and this
rrporation and
offi~al
EXHIBIT "B"
PROPOSED BUS SHELTER LOCATIONS
Install
# Located On Intersection Quadrant Light Cost
2 Congress Avenue Lake Ida Road SE 790 Y* $8,970
3 Lake Ida Road Congress Avenue SE 7316 Y* $8,970
4 NE 1 st Street NE 5th Avenue NW 7617 Y* $8,970
9 Atlantic Avenue Opposite Delra¥ Square SE 7429 N
10 Swinton Avenue Lake Ida Road SW 6358 Y*
11 Con~)ress Avenue Lowson Blvd. NW 709 Y
12 Lowson Blvd. ress Avenue
17 SW 10th Street SW 11 th Terrace SE 6437 Y $8,970
22 SE 5th Avenue (US 1/ SE 10th Street SW 215 N $7,370
23 Federal Hwy. (US 1) Banyan Tree Lane SW 217 N $7,370
24 Federal Hwy. (US 1) Linton Blvd. NE 286 N $7,370
25 Congress Avenue Linton Blvd. NE 782 Y $8,970
26 Linton Blvd. Old Germantown Rd. SE 6429 N $7,370
27 Linton Blvd. Palm Forest Wa}, NW 6380 Y $8,970
28 Linton Blvd. Milita~ Trail SE 6427 N $7,370
29 Atlantic Avenue Sunset Pine Drive SE 7301 N $7,370
30 Atlantic Avenue Sunset Pine Drive NW 7404 N $7,370
31 Barwick Road Atlantic Avenue NE 7302 Y $8,970
32 Congress Avenue Atlantic Avenue SW 7703 N $7,370
33 Congress Avenue PBC Health Dept. NE 917 N $7,370
34 Congress Avenue SW 10th Street NE 785 Y $8,970
35 Federal Hwy. (US 1) # 1400 (Denny's) SW 216 N $7,370
36 Federal NE 287 N $7,370
39 Federal Lindell Blvd. NE 281 Y $8,970
42 SW 10th Avenue SW 11th Street SW 7407 Y $8,970
43 SW 10th Avenue SW 11th Street SE 7421 Y $8,970
44 SW 10th Avenue Lindell Boulevard NW 7362 N $7,370
45 SW 10th Avenue Linton Boulevard SE 7344 Y $8,970
46 Lindell Boulevard Lake Delra¥ Apts. NW 7423 Y $8,970
47 Lindell Boulevard Curlew Road SE 7341 Y $8,970
~el~,,.~.~,[.--~ ~- * = Developer Contributions
Shelters with lights are solar powered. All others are not lighted.
Total $384,790
24
01/06/2004 17:06 FAX 716+667+1709 P ~010/010
JHH. ~.~UO4 4:I~SPM CITY OF DELRRY BERCH NO.3~O P.10/10
EXHIBIT "B"
Shelter Prfclng (Ne Lighting):
APF04X12N42.2.71 - Palladium Shelter
3179-1 - 3 Seat Easy Access Bench w/Backrest
20 Gallon Trash Can
Installation
*Concrete Work
Freight
Shelter Pricing (S-qar Ughting):
APF04XI2N42271 - Palladium Shelter
TSSL40 - Solar Lighting
3'179-1 - 3 Seat Easy Access Bench wi Bacla'e~t
20 Gallon Trash Can
Installation
'Concrete Work
Freight
Total
Total
$3,800
$295
$4 so
$975
$1,950
$2O~
$3,800
$1,600
$295
$975
$1.950
$2oo
$8,970
Shelter Pflcing (Standard Lighting):
APF04XI2N4227q - Palladium Shelter
Standard Lights (2 per shelter)
3179-1 - 3 Seat Easy Access Bench wi Back'rest
20 Gallon Trash Can
Installation
*Cono'ele
Freight
Total
$3,800
$295
$150
$975
$1.950
$2O0
*Please note that the c~ncmte pricing is based upon standard aJta requirements. Therefore
additional wark not deemed "stal~ard" is required it w~l be billed additionally to the City of £
through Day,ach. not to e~caed $2,750 par site as per originally quoted in bid ~2g03-056.
Examples of wo~k not deemed "standard" can include (but are not limited to) removal of
concrete, removal CE landscaping, u~ality w~'k, right-of-way grievances, otc .....
Based upon any extra W~rk that may be required, a detailed report summarizing the work
submitted for your records and atso to Justify arly ex~'a bi~lings that may be incurred filet al
on the original corltmct, These extra billings are to be at the expense cE ~e City of Delray
any
,elray
,~ing
II be
not
~ach.
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
www. mydelraybeach, com
David Harden, City. Manager
Victor Majteny, C~onstruction Manager
RE-ROOFING UTILITIES MAINTENANCE BUILDING (P/N 2003-044)
Commission Agenda Item, Contract Award
JANUARY 30, 2004
Attached is an Agenda Request for City Commission to approve an award of contract to RSI of Florida,
Inc. for the Re-Roofing of Utilities Maintenance Building project, P/N 2003-044.
On Wednesday, December 3, 2003, the City opened bids for this project with the lowest responsive bid
from RSI of Florida, Inc. in the base bid amount of $99,009.00. The base bid included the installation of
photovoltaic panels for evaluation and consideration as an alternate energy source. The deletion of the
photovoltaic panels from the base contract was set up as a deduct alternate, for which RSI offers a deduct
in the amount of $21,072.00. Subsequent to bidding, a further cost analysis did not demonstrate a
favorable life cycle and payback cost savings for the particular system. A copy of the bid tabulation is
attached for your review.
Staff recommends City Commission award the contract to RSI of Florida, Inc. in the amount of
$77,937.00 (base bid plus the deduct alternate) for the Re-Roofing of Utilities Maintenance Building
project, P/N 2003-044. RSI of Florida, Inc. has successfully completed other City projects.
Funding is available from accounts 442-5178-536-62.10 ($77,937.00), Water & Sewer Renewal and
Replacement Fund/Building, after budget transfers.
Richard Hasko; Director of ESD
Dan Beatty; Dep. Dit. of Public Utilities
Rafael Ballestero, Dep. Dir. of Construction
City Clerks Office
Agenda File 02/03/04
File 2003-044(A)
AGENDA REQUEST
Agenda Item No.~{~'-~ ~
Date: January 29, 2004
Request to be placed on:
X
__ Regular Agenda
Special Agenda
__ Workshop Agenda
When: February 3, 2004
Description of item (who, what, where, how much): Award of contract to the lowest responsive
bidder, RSI of Florida, Inc. in the amount of $77,937~00 for the Re-Roofing of Utilities Maintenance
Building, PIN 2003-044.
The funding for this project will be provided from:X/42-5178-536-62.10 ($77,937.00), Water & Sewer
Renewal and Replacement Fund/Buildings, after budget transfers.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff reco~'n~nds (:?.~m mis/simon a):~ove award of contract to RSI of Florida, Inc.
Department head signature: ~,
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re~ed on all items involving expenditure of funds):
Funding available. Y~_~NO
Funding alternatives (if applicable):
Account No. & Description See Above
Account Balance ~,~,/./,2
City Manager Review: ',~"g,' / ~ ~ ~ ~ ~'/o~..~.
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Approved/Disapproved
Action:
S:\EngAdmin\Projects~2003~2003-044\CONSTRC'r~agda Req rev1 RSI 02.03.04.doc
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN *
PAUL DORLING, PLANN AND ZONII~
NGUYEN TRAN, SENIOR PLANNER '~* -
MEETING OF FEBRUARY 3, 2004
CONSIDERATION OF WAIVER REQUESTS TO LDR SECTION 4.3.4 (K) TO REDUCE
THE LOT SIZE AND THE LOT WIDTH IN ASSOCIATION WITH A PROPOSED
SUBDIVISION, LOCATED ON THE SOUTHWEST CORNER OF SOUTH OCEAN
BOULEVARD (S.R. AIA) AND BERMUDA GARDENS ROAD.
The subject property is an unplatted lot consisting of approximately 14,463 square feet (0.3 acre) and
varies in length from 150' across the front, 139.26' across the rear and 100' in depth. The property is
located at the southwest corner of South Ocean Boulevard and Bermuda Gardens Road and currently
contains a 1-story single family residence with associated pool and screen enclosure.
The applicant is proposing to subdivide the existing lot into 2 single family lots. The property is
currently zoned RM (Multiple Family Residential) and has a Future Land Use Map designation of MD
(Medium Density Residential, 5-12 Units/Acre). Within the RM zoning district, single family lots are
required to comply with the R-1-A (Single Family Residential) district lot standards. The proposed lots
will be nonconforming with respect to lot size and lot width as further discussed in the Waiver Analysis
section below. The applicant is awaiting the outcome for the waiver requests prior to proceeding with
the platting process.
As per LDR Section 2.4.7(B)(1)(b), the City Commission has the authority to grant relief of the following
standard:
LDR Section 4.3.4 (K) (Development Standards Matrix):
· Reduction of required lot size for proposed Lot 1 from 7,500 sq. ft. to 6,848 sq. ft.; and,
· Reduction of required lot width for proposed Lot 2 from 80 feet to 76.15 feet.
Waiver Request:
Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum
requirements established by Chapter 4 unless the City Commission declares at the time of approval of
an associated development application that it is necessary and appropriate to create such
nonconformity. As seen on the attached reduced survey, Proposed Lot I will be deficient with respect
to lot size and Lot 2 will be deficient with respect to lot width~ as noted in the following table:
~1 LotSize
Frontage Width Depth (sq. ft.) Frontage Width Depth Lot Size
ft.)
:160 60 100 7,500 68.48 68.48 100
~E0t;2t:I 80 80 100 7,500 81.52 ~e;~¢~' ,,, ~, 100 7,614
* Corner Lot
Lot Width was calculated by averaging the sum of [Lot Front + Lot Read O~ A
City Commission Documentation
Meeting of February 3, 2004
Bermuda Gardens Waiver Request
Page 2
Waiver Findings:
Pursuant to LDR Section 2.4. 7(B)(5), prior to granting a waiver, the granting body shall make findings
that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would be granted under
similar circumstances on other prope~ty for another applicant or owner.
Bermuda Gardens Road is a private street with a total of eight (8) single family residences located
along both sides of the street. Adjacent on the north, east and west are all high-rise condominium
developments. With a zoning designation of RM (Multiple Family Residential), the subject property
could be developed as a multiple family development with a maximum development potential of 3 units
(0.33 acre x 12 units per acre = 3.96 units) subject to meeting performance standards. Duplex
structures are also allowed as a permitted use within this zoning district. The two lots west of the
subject property were subdivided in 2002 into two single family lots, each measuring 75' x 100'. Since
these lots were not located adjacent to South Ocean Boulevard (State Road A1A) they are not subject
to increased requirements for corner lots; therefore, the lots met all minimum requirements and did not
require any waivers. Along this private roadway, all lots measure 100' deep with two lots measuring
100' wide, one lot measuring 110' wide and the two end lots (adjacent to the Intracoastal Waterway)
measuring 220' wide. Rather than demolish the existing structure to develop a duplex or a multiple
family structure, the applicant intends to construct two single family structures which will maintain the
character and type of use along this street.
The waivers will not adversely affect the neighboring area, diminish public facilities, or create an unsafe
situation and an approval would be granted in a similar situation. Based upon the above, it is
necessary and appropriate to approve the requested waivers in order to maintain the character and use
along this private roadway.
By motion, approve the waivers to LDR Section 4.3.4(K) (Development Standards Matrix) to reduce the
lot size of Proposed Lot 1 and to reduce the lot width of Proposed Lot 2 to the dimension noted in the
table above, based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.3.1(D).
Attachments:
· Location Map
· Reduced Survey
S:~Olanning & Zoning~BOARDS~CITY COMMISSlON~Bermuda Gardens Waiver Request. doc
EO~E < BERMUDA
ATLANTIC
~ ~ ~ DU~ES ~ GARDENS
~: ~E 924 BERMUDA GARDEN~
LIN TO N BOULEVARD J
MC C~ARY I ~ O ~ ~ PC~: 12-43-46-28-00-~1180
~ ELY 139.14 FT. OF SECTION
0 FLUM: MD (MEDIUM ~NSI~
RESIDENTIAL
Z
BmENDER S CONDO
ALLAMANOA ~
COASTAL NOR~ CONDO
~ DEL~AY 0 CONDO
CONDO DELRAY VILLAS
ATLANTIC OCEAN
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING, DIRECTOR OF PLANNInGs, AND ZONING
scoTT D. ,APE, SEN OR
MEETING OF FEBRUARY 3, 2004
CONSIDERATION OF A WAIVER FROM THE REQUIRED FRONT SETBACK
IN THE CENTRAL BUSINESS DISTRICT TO ALLOW A FRONT SETBACK OF
25' 6" FOR THE BANKOFF TOWNHOME PROJECT LOCATED ON THE
WEST SIDE OF SEABREEZE AVENUE~ APPROXIMATELY 230' NORTH OF
EAST ATLANTIC AVENUE.
The subject property involves Tract "B" of the Bankoff subdivision and contains 0.55 acres. The
property was utilized as the drive-through teller facilities and parking for the Bank of America
located to the west. The property is zoned CBD (Central Business District) with the north 38.28'
zoned RM (Medium Density Residential).
At its meeting of March 12, 2003, the Site Plan Review and Appearance Board (SPRAB)
approved a Class II site plan modification for the facade improvements to the bank property to
the west, and the demolition of the drive-through tellers. The teller facilities have subsequently
been demolished and the bank is currently being renovated. At its meeting of January 7, 2004,
SPRAB approved a Class V site development plan for four 2-story townhomes on the property.
Pursuant to LDR Section 4.4.13(G)(2)(a), for those properties zoned CBD located east of the
Intracoastal Waterway the required front setback is not less than 5' and not greater than 10'.
This was to promote a more urban feel and primarily is geared toward non-residential uses.
The proposed front setback of the townhomes is 25' 6". The applicant has requested a waiver
to exceed the maximum setback of 10'.
Waiver Analysis:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make
a finding that the granting of the waiver:
(a)
(b)
(c)
(d)
Shall not adversely affect the neighboring area;
Shall not significantly diminish the provision of public facilities;
Shall not create an unsafe situation; or,
Does not result in the grant of a special privilege in that the same waiver would be
granted under similar circumstances on other property for another applicant or owner.
The applicant has submitted a justification narrative that states:
"Although part of the site is located in the CBD, there is a portion that is zoned RM. The
proposal which is a traditional front loaded townhome project is consistent with the residential
development pattern of the area."
City Commission Documentation
Meeting of February 3, 2004
Bankoff Townhomes Front Setback Waiver
Page 2
As the applicant has indicated, the northern portion of the property is zoned RM (Medium
Density Residential) and a front setback of 25' is required. However, the majority of the
development is located in the CBD zoning district, which requires a front setback between 5' to
10'. The proposed setback is appropriate given the development pattern to the north, which has
similar setbacks. Similar circumstances on other properties would lead to the same conclusion.
Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can
be made.
The Site Plan Review and Appearance Board considered the waiver request at its meeting of
January 7, 2004. The Board recommended approval (6 to 0) of the waiver to allow the increase
of the front setback to 25' 6".
By motion, approve the waiver to allow the increase to the required front setback from 10' to 25'
6" for the Bankoff Townhomes, based upon positive findings with respect to LDR Section
2.4.7(B)(5),
Attachment:
~ Site Plan
:l
[ITY I]F DELRrlV BErlCH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DATE:
January 27,2004
MEMORANDUM
Wdter's Direct Line: 561/243-7091
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Appraisal for Parcel
Our office has been contacted by a representative of a developer regarding the
City's interest in selling a parcel located south of SW 10t~ Street between SW 9th
Avenue and SW 10th Avenue. (see attached map) In May of 2003 the City
acquired this parcel from Palm Beach County. Prior to any sale of the property an
appraisal will need to be performed.
If the Commission would be interested in selling this parcel our office would
proceed with an appraisal. By copy of this memo to David Harden, our office is
requesting that this item be placed on the February 3, 2004 City Commission
agenda. Please call if you have any questions.
AEachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
DODGE
LINTON
DELRAY BEACH
MEMORIAL
GARDENS
lOTH
THE
GROVES
SOUTHRIDGE
~LLAGE
CONDO
S.W. 7~1 ST,
S.W. 0TH ST.
S.W, 9TH CT.
STREET
CONDO
BOULEVARD
CITY OWNED
PARCEL
LOCATION &
PROPERTY'
DATA
15549 S.W. 9TH AVE.
SUBJECT AREA
SUPPLEMENTAL DATA
FOR INFORMA T~ONAL pURPOSES ONLY
APPROXIMATE ACREAGE: 0.27
ABRIDGED LEGAL DESCRIPTION:
ESQUIRE SUB S. 80 FT. OF E.
150 FT. OF LT. 12
ZONING: R-1-A (SINGLE FAMILY
RESIDENTIAL)
FLUM: RDA-2 (REDEVELOPMENT
AREA #2)
EXISTING LAND USAGE: VACANT
WITHIN TRAFFIC ANALYSIS
ZONE; #562
WITHIN CENSUS
S
[lTV OF DELRIIY BEII[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
Ag.A.wica City
DATE:
TO:
FROM:
Writer's Direct Line: 561/243-7090
MEMORANDUM
January 14, 2004
David Harden, City Manager
City Commission
Terrill Pyburn, Assistant City Attorney
SUBJECT: Proposal for Settlement in Clara Outram v. City of Delray Beach
The City has received a second proposal for settlement in the above-referenced
case. At the January 6, 2004 City Commission meeting, the Commission denied
Plaintiff's offer of settlement in the amount of $37,499.99. Plaintiffs have now
made another proposal for settlement in the amount of $24,999.99. The Plaintiff's
medical expenses to date are $2,062.00. The City Attorney's Office recommends
that the City deny the proposal for settlement at this time but suggests that the
Commission consider a counter-offer in the amount of $7,500.00 contingent upon
the Plaintiff's release of the City from any all related claims.
Please place this item on the February 3, 2004 City Commission agenda. Thank
you.
TCP:smk
[lTV OF DELRI:IV BEI:IgH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
al.~ca ~
~ TO:
FROM:
MEMORANDUM
January 27, 2004
City Commission
David T. Harden, City Manager
Terrill C. Pyburn, Assistant City Attorney
Wdter's Direct Line: 561/243-7090
SUBJECT: Metron-Farnier, L.L.C.- Authorization to Dismiss Lawsuit
In April 2002, we requested your permission to file suit against Metron-Farnier,
L.L.C. ("Metron") due to the fact that the Public Utilities Department had problems
with the Touch Pad System associated with the large water meters purchased
from Metron. At that time, you granted us permission to file suit against Metron,
which we did.
Subsequently, you approved a settlement agreement wherein Metron agreed to
provide us with new Metron Touch Pad technology at their cost and we agreed to
give them one year in which to evaluate this new technology. Then in July, 2003,
you agreed to allow the City to amend the Agreement and granted the City an
additional five (5) months from July through December 31, 2003, in which to audit
and evaluate the performance of the Metron Touch Pad technology after Metron
completed a second retrofit of the City's meters on July 31,2003.
According to the Amended Agreement, the City was to evaluate the failure rate of
Metron's new Touch Pad technology over the course of five (5) months by
performing regular audits. In the event that the technology was found to have a
failure rate of 3% or greater by the end of the evaluation period, Metron was
responsible for either refunding to the City the amount that originally paid for their
meters ($256,825.) or Metron would be responsible for purchasing new meters for
the City (the type and brand to be decided by the City) at their cost so long as the
costs did not exceed $256,825. During the evaluation period, the City held the
lawsuit in abeyance.
On January 21, 2004, the City performed a final audit of the new Metron Touch
Pad Technology and found it to be 100% accurate with no failures. Therefore, our
office is requesting authorization to dismiss the lawsuit against Metron-Farnier at
this time.
City Commission
David T. Ha~en, City Manager
Janua~ 27,2004
Page 2
Please place this matter on the upcoming City Commission Agenda
consideration.
Please let me know if you have any questions. Thank you.
TCP:smk
CC:
Barbara Garito, City Clerk
Dick Hasko, Director of Environmental Services
Joe Safford, Director of Finance
Barbara Schooler, Utilities Customer Service Manager
Scott Solomon, Manager W/S Network
Danvers Beatty, Director of Public Utilities
for
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # c~z - REGULAR MEETING OF FEBRUARY 3. 2004
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE
(EMPA) GRANT
JANUARY 30, 2004
This item is before Commission requesting approval and authorization for the Mayor to execute
Emergency Management Preparedness and Assistance Grant submittal documents for the City.
Projects to be submitted are outlined in the attached memo and listed below:
Project
Fke Rescue Headquarters Overhead Door Replacement
Storm Water Pump Station Rehabilitation
Melaleuca/Seasage/Ta~anYmd Drainage Improvements
Police Depaxt~xxent Building Storm Shutters
$100,000.00
$300,000.00
$520,000.00
$ 50,000.00
Recommend approval for the Mayor to execute the Emergency Management Preparedness and Assistance
Grant submittal documents.
S:\City Clerk\agenda memos\EMPA Grant.0Z03.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
www. mydelraybeach, cotn
David T. Harden, City Manager
Richard C. Hasko, P.E., Environmental Services Director (~.yD
EMPA GRANT APPLICATIONS
DATE: January 27, 2004
As explained in the attached memo of December 16, 2003, staff is preparing applications for
matching grant funding in conjunction with the State Emergency Management Competitive Grant and
Municipal Competitive Grant Programs. Projects to be submitted are outlined in the attached memo
and listed below:
Proiect Budget
Fire Rescue Headquarters Overhead Door Replacement
Storm Water Pump Station Rehabilitation
Melaleuca/Seasage/Tamarind Drainage Improvements
Police Department Building Storm Shutters
$ I00,000
$ 300,000
$ 520,000
$ 50,000
In accordance with application requirements, a cover letter and title page executed by the Mayor are
necessary components of each application package. Samples of each form are attached hereto.
Please place this item on the February 3, 2004 agenda for Commission approval and authorization for
the Mayor to execute the grant application documents for the City.
C~
Larry Schroeder, Police Chief
Joe Safford, Finance Director
Kerry Koen, Fire Chief
John Tomaszewski, Asst. Fire Chief
Paul Dorling, Planning & Zoning Director
Randal Krejcarek, P.E., City Engineer
Dennis Kelly, Interim Public Works Director
rlT¥ DF DELRII¥ BEI:I[H
1993
2001
ENVIRONMENTAL
SERVICES DEPARTMENT
February 3, 2004
W. Craig Fugate, Director
Division of Emergency Management
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
434 SOUTH SWINTON AVENUE · DELRAY BEACH, FLORIDA 33444
(561) 243-7336 · FAX (561) 243-7060
wv¢,~¢ delrayesd com
Dear Mr. Fugate:
As Mayor of the City of Delray Beach with the
Commission to bind the City to the terms
hereby submit this grant application to
the Emergency Management Preparedness
$25,000. The City of Delray Beach
Communications Building and
project. The City
City
herein, I
Program of
the amount of
on the City
implement the
The following individuals are
' of Delray Beach:
David T. Harden
City Manager
City of Delray Beach
100 N.W. 1st
Delray Beach, FL
Phone: (5~ 1) 243-70
Hasko, P.E.
Environmental Services Director
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, FL 33444
Phone: (561) 243-7336
in the application are involved in the proposed project. This
collusion with any other entity submitting an application and
is fair
As
I have full authority to bind the City of Delray Beach in
, Affairs.
Sincerely,
JeffPerlman
Mayor
THE EFFORT ALWAYS MATTERS
Printedon Recycled Paper
EMPA COMPETITIVE GRANT APPLICATION
TITLE PAGE
TITLE OF PROJECT Critical Facilities Hardening, City Communications Building
AMOUNT REQUESTED FROM STATE $ 25,000
AMOUNT MATCH1NG FUNDS COMMITTED $ 25,000 CASH
$ IN-KIND
This is an application for a competitive grant under (indicate ONLY one):
1) Emergency Management
X 2) Municipal Competitive Grant Program
The application is submitted for consideration in the
__1) A project that will promote public education on issues.
2) A project that will sector
__ 3) A project that will improve
support responsibilities
X 4) A project that will otherwise 1~ ~ and 1,
identified
Name of Organization: City
Address a: 434 S.
Avenue
': David T. Harden, City Manager
N
E-mail ~
Federal Employee
(561) 243-7336
ci.delra.v-beach.fl.us
(FEID) Number: 59-00219-08-06
~IGNATURE [Must comply with 9G-19.008(7), F.A.C., or application will not be scored]
Signature:
Title: Mayor, City of Delray Beach
If delegation of authority has to be submitted with this application, it should be attached to this page.
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Environmental Services Director
SUBJECT: EMPA GRANT APPLICATIONS
www. rnydelraybeackcom
DATE: December 16, 2003
Staff met on Monday, December 8, 2003, to discuss project prioritization and application process for the next
cycle of the Emergency Management Competitive Grant and Municipal Competitive Grant Programs.
The Emergency Management Competitive Grant Program offers a maximum grant amount of $300,000 in
matching funds for successful projects. We may submit up to three individual applications for this program.
The Municipal Emergency Management Program offers a maximum grant of $50,000 for qualifying projects
and limits submittals to one per municipality.
Of the nine projects previously identified for inclusion on the County Mitigation Project List, we are
supporting the following projects for application for EMPA grants this cycle:
Emergency Management Competitive Grant (max S300,000)
· Fire Rescue Headquarters Overhead Door Replacement
This project involves the replacement of the overhead doors at the Fire Rescue HQ facility to
provide adequate hurricane protection for the building which houses the City's EOC and
primary Fire Rescue apparatus. The HQ facility was constructed prior to code revisions that
resulted from the impacts of Hurricane Andrew. Consequently, the overhead garage doors do
not meet current code requirements regarding wind load design.
Project budget is estimated at $100,000.
Grant funding will be sought for $50,000 with a 50% City match.
· Storm Water Pump Station Rehabilitation
This project involves the phased rehabilitation of eight storm water pump stations on the
City's barrier island, including the Thomas Street Pump Station. Consistent operation of
these pump stations is critical to the City's ability to provide flood protection for
neighborhoods on the barrier island. Due to the environment in which these facilities operate,
the serviceable life expectancy of component equipment is limited. They are at an age where
pump replacements will be required to maintain operational reliability.
Project budget is estimated at $300,000 per year for a three year program
First year grant funding will be sought for $150,000 with a 50% City match.
· Melaleuca/Sca Sage/Tamerind drainage improvements
This project will provide enhanced flood protection for the area of the barrier island bounded
on the north by Casuarina Road and on the south by Tamarind Road. Project scope includes
construction of a major drainage trunk main that will collect storm water flows f~om smaller
tributary systems and connect the entire area to the storm water pump station on Tamarind
Road. Drainage relief will also be provided for upstream areas that have experienced chronic
ponding due to inadequate facilities.
Project budget is estimated at $520,000
Grant funding will be sought for $260,000 with a 50% City match.
Municipal Competitive Gant Program (max SS0,000)
· Police Depamnent Storm Shutters
This is the second and final phase of the project to provide permanent storm pwtection for the
windows in the Police Department building. ~ year, storm shuttering of the second floor
windows was completed. Protection of the windows on the ground floor of the building will
complete the hardening project end is the scope of this project.
Project budget is estimated at $50,000
Grant funding will be suught~..fo_9_r_$25,000 with a 50% City match.
Absent our past contractual relationship with Langton Associates, the grant applications will be prepared in-
house by the responsible depamnent. Fire Rescue will prepare the HQ overhead door submittal, Public
Works, the PD storm shuttering, and ESD/Engineering, the storm water pump station and barrier island
drainage project packages. Submittal deadline for online applications is February 5, 2004, and for hardcopy
applications, February 10, 2004. Certain submittal requirements precedent to the published dates will apply
and are described in the application package, and shown on the attached program schedule. Paul Dorling is
coordinating our requirements for including the listed projects on the County's Mitigation Project List.
I will keep you apprised of the status of our submittals as we proceed through the process. In the interhn, let
me know if you have any comments or questions.
Cc: Larry Schroeder, Police Chief
Soo Safford, Finance Director
Kerry KOCh, Fire Chief
.John Tomaszewski, Asst. Fire Chief
Paul Dorling, Planning & Zoning Di~ctor
Randal Krejcarek, City Engineer
Dennis Kelly, Interim Public Works Director
Agenda Item No. {~
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
Date: January 27, 2004
When: February 3, 2004
Description of item (who, what, where, how much): Staff requests Commission approval of
EMPA Grant submittals and authorization for Mayor to execute ,qrant submittal documents for the
City. Matching grants will be sou,qht from the State for: Fire Rescue O/H Door Repl., Storm Water
Pump Station Rehab., Melaleuca/SeasaRe/-I'amarind Drainage Improvements, and PD Storm
Shutters.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/N._.~O
Recommendation: Staff re,eo/fi~nen~proval of ,qrant submittals.
Department head signature:(~:~(_ _~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives:
Account No. & Description:
Account Balance:
City Manager Review: ~ ~
Approved for agenda: NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.(if applicable)
MEMORANDUM
TO:.
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # CI.C-~ - REGULAR MEETING OF FEBRUARY 3, 2004
APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
DATE:
SYSTEM BOARD OF TRUSTEES
JAUNARY 30, 2004
City Clerk'~ office received a copy of the letter sent to Mr. Jack Frysinger indicating he is no longer
eligible to sit on the Police and Fire Board of Trustees due to his move outside of Delray Beach.
This creates a vacancy for an unexpired term ending April 22, 2005. Tiffs Board is not limited to
any specific number of terms an individual may serve.
In accordance with Section 33.65 (A) (2) of the City Code, the City Commission appoints two
public members of the Board of Trustees. All members must be either a resident of, own property,
own a business or be an officer, director or manager of a business located within the City of Delray
Beach. All appointees must take an oath of office.
The following have submitted applications for consideration:
Gilbert Forbes
Glenn Schuster
(currently serving on Code Enforcement Board)
A check to confirm that all are registered voters was completed. Also a check for code violations
and/or municipal liens was conducted. None were found.
Based on the rotation system, the appointment will be made by Commissioner Archer, (Seat # 2).
Recommend appointmem of one (1) member to the Police and Firefighters Retirement System
Board of Trustees to fill an unexpired term ending April 22, 2005.
[ITY OF BELAIIY BEI:i[H
DELRAy BEACH
AJI~IcaC~
1993
2001
100 N.W. 1st AVENUE
FILE COPY
DELRAY BEACH, FLORIDA 33444 561/243-7000
November 13, 2003
Mr. Jack Frysinger
419 SE 4 Avenue
Delray Beach, FL 33483
Dear Mr. Frysinger:
I have consulted with our pension attorney concerning the possibility of you
remaining on the Police and Fire Pension Board after you move out of the city.
Although the city code is silent as to a residency requirement, the state statutes
are very clear that members of the Police and Fire Pension Board must be
residents of the city. For this reason, our attorney has advised me that it will not
be possible for you to continue serving as a member of the board once you move
outside the city limit.
I am certainly disappointed in this opinion, but feel that we must follow our
attorney's advice.
Sincerely,
David T. Harden
City Manager
DTH/gb
U:'~_.M lettersU F~ysingef re Pension Board.doc
THE EFFORT ALWAYS MATTERS
RECEIVED
JAN 0 6 200~
C~!TY CLERK
BOARD MEMBER APPLICATION
1993
20~1
Please t qae or.pfi~}t the following informa6on:
2. Home .Address: City
3. Legal Residence: , City State Zip C_~ade
5. Home Phone: Business Phone: E-iNhil Ad&ess: Cell Phone: F~x;'
6. 6re You n m~sm~ed vote? y~ -- If sO,
7. '~t ~d(s) ~e you ~t~t~ ~ s~g? Pl~se ~t ~ ~ of pref~c~ ' '
8. Usi ~ G~. B0~ on ~ you =~ ~, se~g or hzve pr~ously s~ed: ~lease include &tes)
10. ~t ~y ~ted profesn~ c~fi~uons ~d ~c~ses wNch you hol&
Il.' $Ne'y~.pres~g o~ most 'zec~t ~ploy~, ~d
lZ Dcs~ ~mcn, s~lN ~ ~o~e~e w~'q~ you to s~e on~s ~& ~lease a~ a ~ef zcsme)
N6te:' This application will remain on file in the City Clezk% Office_fo.l:_a~eriod of 2 yeats ~rom the date it was
JUL
Gilbert C. Forbes
1120 Warrenhall Lane
Atlanta, Georgia 30319
(404) 865-2992 Office
(404) 255-1120 Residence
Smnmary
Twenty-eight years of broad-based Banking experience encompassing sales, sales management,
product training, consumer asset management, consumer lending, residential mortgage lending,
commercial mortgage lending and branch administration.
Experience
FIRST UNION CORPORATION - 1986 to Present Itl qb
Senior Vice President, Consumer Banking Director/Manager 1993- ~'~'nt
Atlanta, Ga
Initially promoted to Director of the consumer banking activities for Metropolitan Atlanta, Georgia.
Managed 117 branches with $4.4 billion in deposits, representing 8% of First Union's total retail
branch network. Active member of the Merger Task Force responsible for the consolidation and
integration of Georgia Federal & Decatur Federal into First Union. In 1994 the decision was made
to eliminate the Director position to increase direct management involvement at the branch level.
Became one of six managers focused on increasing overall branch performance ~n the Atlanta
market.
· As Director, Branch asset production rose from near last place position to fLrst or second place
in all categories. CAP account IAsset Management Account) sales increased over 800% during
this period.
· During the merger, deposit retention exceeded due diligence assumptions and merger salary
budget came in well below salary expense goal, as staffing levels were achieved well ahead of
target.
· As Manager, exceeded combined Direct Loan/PEL and Mortgage production goals. Was second
in Georgia and third in the company in SBLU production. Also was first in investment
revenues.
Vice President, Consumer Banking Manager 1988- 1993
Directed growth of the retail franchise from one Branch and $18mm in deposits to 45 Branches and
$4.5 Billion in deposits. Area of responsibility included Dade and Monroe Counties. During this
period, most sales management categories increased from a distant last to fu'st place. Dade County
was the highest earnings franchise within First Union with a Bank Group ROE of 29.91%.
Managed retail banking organization through seven bank mergers.
Vice President, Regional Consumer Banking Director 1986- 1988
Pompano Beach, Fl.
Provided direction in establishing and achieving regional consumer goals for 74 banking centers.
In this staff role, directed merger activities during First Union's initial entry into the South Florida
market. Coordinated training initiatives and was actively involved in developing and implementing
business plans with particular emphasis on asset production. Was committee Chairman for
development of original "Branch Compare" incentive plan in Florida. Member Florida Consumer
Banking Committee.
Gilbert C. Forbes
Experience (continued)
P~e2
SOUTHEAST BANKING CORPORATION- 1971 to 1986
Miami, Florida
Vice President and Manager - Commercial Mortgage Department 1985 - 1986
Managed the commercial mortgage department (income property loans under $2 million) state-wide
for mortgage company affiliate of Southeast Bank, N.A. During this period originated $4.2mm in
commercial mortgages.
Senior Vice President, Consumer Loan Product Manager 1983- 1985
Managed consumer loan portfolio for state-wide bank, covering 163 banking centers. Increased
consumer loan volume more than 300% from 1983 to 1984. Credit insurance sales increased 25%
each year. Directed consolidations of three consumer credit operation centers into one.
Senior Vice President, Regional Consumer Banking Coordinator 1980- 1983
Managed the retail asset portfolio of four-county, $800 million regional bank having 44 banking
centers. Regional representative to state-wide consumer banking committee.
Vice President - Product Manager 1976- 1980
Promoted to Asset product manager for Southeast Banking Corporation to develop new consumer
loan products and increased profitability of existing products. Developed and implemented
revolving credit products in branch system and developed a unique video sales training program to
teach customer focused selling techniques.
Vice President - Mortgage Banking 1971- 1976
Managed the second mortgage production and portfolio of one of Miami's largest mortgage
banking firms. During this period, opened seven 2nd Mortgage offices and initiated the formation
of a small loan (516F. S.) company (Southeast Consumer Finance) through ~vhich to fund 2nd
Mortgages. Developed Mortgage Guarantee Product with American Bankers.
LON WORTH CROW COMPANY (acquired by Southeast)
Manager, Servicing Department - Loan Administration
Managed mortgage servicing department (25 employees and 30,000 mortgages) of Miami
mortgage banking firm. Started and managed a Second Mortgage function.
Education
UNIVERSITY OF MIAMI
BBA degree in Finance ~ 1965
NORTHWESTERN UNIVERSITY
Graduate of the School of Mortgage Banking,
References furnished upon request.
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1. L~st ~ne: N~me M.I.
2. Home Address: City Statez¥~le '
3. &~ Reft&nee: ~ Sm~ ~p ~e
4. ~dp~ Bus,ess Ad,ess: a~ Su~ ~p
5, Ho~ Pho~: Bu~ess Phone: E-~ Ad'ess: C~ Phone: F~:
61 ~e~u a re~stercd vOte~? if so. wh~c ~e you ~stered?
.
7..~at Bgsrd(s)'ar~ you ~t~ested ~ s~? Pl~se ~st ~ ord~
8. ~st~Ci ,~o~dsonw~ch 0uare~cn ' . . . .
~, __ ~., . , y . ~ se~g or have pr~ou~ s~ed: ~lease include dates)
lO. ~St ~y ~clatcd p~eSSi~ ce~ficado~s ~d ~cc~sfs w~ you h~ld:
1 I. G~c yo~ p~cscn~ or most ~ent ~loy~z, ~d ~fiom . ' '
~ D~ ~n~ces. ~ or ~l~ w~ ~ you to s~ on ~s ~: ~le~e ~ a brief
a/sdo
SlGNA~ DA~
:c This application will xem~in on file in the City Clerk's Office for a period of 2 years fxom the date it was
submitted. ], will bc thc ~spplicant'$ l~eSponsihility to el~ure that a
~i~E tl~f~ f~e.
MAR 3,1 2OO3
i~MY name is Glenn M Schuster, I am applying f,,~ position for the city board membership
moved to Delra), 13~a... ch in 1 .9c~., so,far it has b,,,,n the most difficult decisions I have had
make, At the time i was working as a New York City Fire Inspector onthe lower east and
~mtm s. ides in ~ city and as far north as 37th st. I have a extensive background in the
.o?n~j_ areas..A, r .s.o.n. inv.~ga, tion,effective company command,high rise/Fire and life
~safety, l-la.mmaole Hazardous Materials, Building Construction for lhe Fire Sen/ios,Fim
~u. pp.r,e .sslon a.r~l, deteotion sy.s..tems,Pdnciples of Fire Protection Chemist~j; i. happened to
nam.~na[ one. ~ nave never written my text book education on any jobapplication in Flodda.
F g ~.~'(~ t~..e, nty y.e~. rs in ~ fire protection sector all documentable. The system in the
..: .... Y Is_ a~.er.e~ ~.was.a New. York City E.M.T, I was trained in all aspe~ of Fire
I-Igr'.~. ng. uue to i.n. junes playing lxx~ey for the Fire house and the wear a tear of fire heavy
smoke etc. The Fire Depaf'b.ent promoted to represent the depa b~',ent in criminal and civil
court litJgation's I did this for five years and all my elevations were either outstanding,very
good or good.
I am looking for something to do with the second half of my life and applied for over 70
jObs, some were civil service som.e were private sector My health problems did not effect
me but they effective my potential employers am in good shape have worked out for
[Wu~l.nty yea..rs a.n~d~ -have started.aga!n. I am a true professi ~.o~.a. I, I amused to speaking in
~c aha ~ee~ ~r given an opptummj you will be happy with my broad experiences. This is
t~... only ~me I ha. ve ...writte. n a note to attach to my application but I need something to do
wm~..m.y ame .a..n~ waiti..ng.?or.the dreaded day one Of my parents doesn~ wake up. This is a
real ~etter ane I nave all me oocuments to support the 1st and 2nd paragraphs.
Glenn M ~chuster
4~85 A N.W. 3rd Street Delray Beach, Florida
(561-499-0561)
Summmy of Qualification;..: .
E~em m~ ~, c;~o~I .... ;Id~ - '
l 1~1-11~ ~ ~c ~L
New y~ C~ F~e ~ ~w Y~ew Y~~ .
~f~ ~ ~~ w~ ~ ~e ~ of ~ ~ ~ ~o~ of ~w~ ~ ~A ~ ~ch ~ ~d
n~H~ble ~ to ~ ~ R~ ............
New Y~ Ci~ ~ ~en~ N~ Y~ New Y~Lie~
~el~d. ~. ~P~d. ~. ~ ~ ~ ~ ~t ~ ~ v~ ~ New
RE; EIVED
January 26, 2004
TO: Mr. David Harden, City Manager
FR: Glenn Weiss and Carolyn Pendelton-Parker, Public Art Implementation Committee
RE: Postpone Appointment of new Public Art Implementation Committee Members
As of today, we do not have a set of applicants for the public art implementation
committee that reflect the full breadth and diversity of the citizens of Delray Beach. We
feel it is very important that the Commission has a comprehensive group of applicants
from which to choose.
We request that you postpone the appointment of new members for two weeks.
Thank you very much.
Page 1 of 1
Bauer, GerrJ
From:
Sent:
To:
Cc:
Glenn Weiss [gw@glennweiss.com]
Monday, January 26, 2004 10:21 AM
Bauer, Gerri
Sarah Wilkinson; Rich McGIoin (E-mail); Norbert Poll; Davila, Nancy; Joan Goldberg; Carolyn Pendelton-
Parker (E-mail)
Subject: Postpone Appointments to Public Art Committee
As we discussed on the phone is an attached letter with the following content.
January 26, 2004
TO: Mr. David Harden, City Manager
FR: Glenn Weiss and Carolyn Pendelton-Parker, Public Art Implementation Committee
RE: Postpone Appointment of new Public Art Implementation Committee Members
As of today, we do not have a set of applicants for the public art implementation committee that
reflect the full breadth and diversity of the citizens of Delray Beach. We feel it is very important that
the Commission has a comprehensive group of applicants from which to choose.
We request that you postpone the appointment of new members for two weeks.
Thank you very much.
Glenn Weiss
Consultant in Public Art
Delray Be;ch Cultural Loop
www.delrayconnect.com
www.glennweiss.com
561-512-1218
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders
1/26/2004
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~O ~
ORDINANCE NO. 2-04
AMENDMENT & REZONING
- REGULAR MEETING OF FEBRUARY 3, 2004
(SMALL SCALE FUTURE LAND USE MAP
JANUARY 30, 2004
This ordinance is before Commission for second reading and aqua. eijudidal heating that provides for a
small scale Future Land Use Map CELUM) amendment from CMR (Commerce) in part and GC
(General Commercial) in part, to CMR (Commerce) and rezoning from MIC (Mixed Industrial and
Commercial) in part and GC (General Commercial) in part, to MIC (Mixed Industrial and
Commercial) for a 1.80 acre parcel ofiand known as Dekay Depot (formerly the Train Station Depot
site), located at the northwest comer of West Atlantic Avenue and 1-95.
The property contains the train depot which was listed in the National Register in September, 1986
and in the Local Register of Historic Places in October, 1988. The building was constructed in 1926
and was most recently used as an office for an interior decorator and furniture repair use.
The Planning and Zoning Board held a public hearing in conjunction with the requests. There were
no public comments. After discussing this proposal, the Board voted 6-0 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), Land Development Regulations
(LDR) Section 3.1.1 (Required Findings), LDR Section 2.4.5 (D)(5) (Rezoning Findings), LDR
Section 3.2.2 (Standards for Rezonings), and the goals, objectives, and policies of the Comprehensive
Plan subject to the condition that a site plan modification is processed to provide, but not be limited
to, screening of the existing dumpster, upgrading of the landscaping and resurfacing and restriping of
the existing parking area.
At the first reading on January 6, 2004 the City Commission passed Ordinance No. 2-04.
Recommend approval of Ordinance No. 2-04 on second and final reading.
S:\City Clerk\agenda rnemos\Orck Z.04.0Z03.04 Rezoning Dekay Depot
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARBE_J~[,-C~. I..~ ~N~,~E~ ,
PAUL DORLING, DIRECTOR OF PL~A~NING AND ZONING
RO.ERT G. TEF r, SE.,OR PLA..ER
MEETING OF JANUARY 6, 2004
PRIVATELY SPONSORED SMALL SCALE FUTURE LAND USE MAP (FLUM)
AMENDMENT FROM GENERAL COMMERCIAL (GC), IN PART, AND COMMERCE
(CMR), IN PART, TO CMR AND REZONING FROM GC, IN PART, AND MIXED
INDUSTRIAL AND COMMERCIAL (MIC), IN PART, TO MIC FOR THE PROPERTY
LOCATED AT THE NORTHWEST CORNER OF INTERSTATE HIGHWAY 95 AND WEST
ATLANTIC AVENUE (80 DEPOT AVENUE).
The properly consists of a meets and bounds description and contains 1.80 acres. The property contains
the train depot which was listed in the National Register in September of 1986 and in the Local Register of
Historic Places in October of 1988. The building was constructed in 1926 and was most recently used as
an office for an interior decorator and furniture repair use.
These land development applications have been submitted to allow the establishment of a private
warehouse for the storage of automobiles (no vehicle repair, sales or display) and private office space. This
use would be permissible under the proposed MIC zoning, but not under the current GC zoning. 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 December 15, 2003, the Planning and Zoning Board held a public hearing in conjunction
with the FLUM Amendment and Rezoning requests. There was no public testimony regarding the request.
After reviewing the staff report and discussing the proposal, the Board unanimously voted 6-0 (Krall absent)
to recommend that the requests be approved, based upon positive findings with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan, LDR Section 3.1.1, LDR Section 2.4.5(D) (5), LDR
Section 3.2.2 and the Goals, Objectives and Policies of the Comprehensive Plan, subject to the condition
that a site plan modification is processed to provide, but not be limited to, screening of the existing
dumpster, upgrading of the landscaping and resurfacing and restriping of the existing parking area.
By motion, approve on first reading the ordinance for the privately sponsored small scale Future Land Use
Map Amendment from General Commercial (GC), in part, and Commerce (CMR), in part, to CMR and
rezoning from GC, in part, and Mixed Industrial and Commercial (MIC), in part, to MIC, based upon the
findings and recommendations by the Planning and Zoning Board, subject to a site plan modification being
processed to provide, but not be limited to, screening the existing dumpster, upgrading of the landscaping
and resurfacing and restdping of the existing parking area.
A~achrnents: Planning and Zoning Board Staff Report of December 15, 2003 and Ordinance by Others
ORDINANCE NO. 2-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSWE
PLAN FROM CMR (COMMERCE) IN PART AND GC (GENERAL
COMMERCIAL) IN PART TO CMR (COMMERCE); ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND
REZONING AND PLACING LAND PRESENTLY ZONED MIC
(MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT IN PART
AND GC (GENERAL COMMERCIAL) DISTRICT IN PART TO MIC
(MIXED RqDUSTRIAL AND COMMERCIAL) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED AT THE
NORTHWEST CORNER OF WEST ATLANTIC AVENUE AND
INTERSTATE-95 (FORMER TRAIN STATION DEPOT), 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, The Atlantic Group Holding Corp. and Linton Group Holdings, LLC, is the fee
simple owner of a 1.80 acre parcel of land located at the northwest comer of West Atlantic Avenue
and Interstate-95; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation of CMR (Commerce) in part and CrC (General Commercial) in part; and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from CMR (Commerce) in part and GC (General Commercial) in part to CMR
(Commerce); 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 MIC (Mixed Industrial and
Commercial) District in part and GC (General Commercial) District in part;
WHEREAS, at its meeting of December 15, 2003 the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Future Land Use Map designation of the subject property is hereby
officially affixed as CMR (Commerce).
Section 2. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 3. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of MIC (Mixed Industrial and
Commercial) District for the following described property:
PARCEL1
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach,
Palm Beach County, Florida, said parcel being more particularly described as follows:
Commencing at the Northeast comer of said Section 18; Thence with a bearing of South 00' 30'
00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a
bearing of South 89* 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of
South 00' 30' 00" East, along a line 264.00 feet West of and parallel to the East line of Section
18, a distance of 1,280.24 feet to a point; thence with a bearing of South 32° 53' 57" West, a
distance of 43.58 feet to a point of curvature; thence with a curve to the left, having a radius of
632.00 feet, an arc length of 215.00 feet to the Point of Beginning: thence with a bearing of
South 07' 50' 46" West, a distance of 399.94 feet to a point; thence with a bearing of South 22°
58' 54" West, a distance of 81.05 feet to a point; thence with a bearing of South 81° 46' 47"
West, a distance of 17.99 feet to a point; thence with a bearing of North 00° 30' 00" West, a
distance of 629.54 feet to a point; thence with a bearing of North 89° 30' 00" East, a distance of
97.15 feet to a point; thence with a curve concave to the West, having an initial tangent bearing
of South 07* 04' 59" East, a radius of 541.40 feet, a central angle of 16° 21' 56", an arc length
of 154.64 feet to a point; thence with a bearing of South 79' 19' 23" East, a distance of 15.62
feet, more or less, to the Point of Beginning.
PARCEL2.
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach,
Palm Beach County, Florida, said parcel being more particularly described as follows:
2 ORD NO. 2-04
Commencing at the Northeast comer of said Section 18; thence with a bearing of South 00° 30'
00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a
bearing of South 89' 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of
South 00° 30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of
Section 18, a distance of 670.10 feet to a point; thence with a bearing of North 89° 17' 11"
West, a distance of 172.85 feet to a point; thence with a bearing of North 89° 16' 05" West, a
distance of 30.00 feet to a point; thence with a bearing of South 00° 30' 00" East, a distance of
549.97 feet to the Point of Beginning; thence with a bearing of South 89° 16' 05" East, a
distance of 51.99 feet to a point; thence with a bearing of South 13° 30' 39" East, a distance of
83.23 feet to a point; thence with a curve concave to the Southwest, having an initial tangent
bearing of South 14° 33' 49" East, a radius of 541.40 feet, a central angle of 06° 11' 07", an arc
length of 58.45 feet to a point; thence with a bearing of South 89° 30' 00" West, a distance of
97.11 feet to a point; thence with a bearing of North 00° 30' 00" West, a distance of 139.89 feet
to a point; thence with a bearing of South 89° 16' 05" East, a distance of 15.28 feet, mom or
less, to the Point of Beginning.
PARCEL 3
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach,
Palm Beach County, Florida, said parcel being more particularly described as follows:
Commencing at the Northeast comer of said Section 18; thence with a bearing of South 00° 30'
00" East, along the East line of Section 18, a distance of 690 feet to a point; thence with a
bearing of South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of
South 00° 30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of
Section 18, a distance of 670.10 feet to a point; thence with a bearing of North 89° 17' 11"
West, a distance of 172.85 feet to the Point of Beginning; thence with a bearing of South 00° 30'
00" East, a distance of 453.54 feet to a point; thence with a curve concave to the East, having
an initial bearing of South 02' 56' 43" East, a radius of 25.00 feet, a central angle of 13° 07'
13", an arc length of 5.72 feet to a point; thence with a bearing of South 13° 30' 39" East, a
distance of 93.70 feet to a point; thence with a bearing of North 89° 16' 05" West, a distance of
51.99 feet to a point; thence with a bearing of North 00° 30' 00" West, a distance of 549.97 feet
to a point; thence with a bearing of South 89° 16' 05" East, a distance of 30.00 feet, more or
less, to the Point of Beginning.
Subject to a 16 foot Railroad track easement for railroad purposes, being more particularly
described as follows: Commencing at the Northeast comer of said Section 18; thence with a
bearing of South 00° 30' 00" East, along the East line of Section 18, a distance of 690.00 feet to
a point; thence with a beating of South 89° 30' 00" West, a distance of 264.00 feet to a point;
Thence with a bearing of
South 00° 30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of
Section 18, a distance of 670.10 feet to a point; thence with a bearing of North 89° 17' 11"
3 ORD NO. 2-04
West, a distance of 172.85 feet to a point; thence with a bearing of South 00° 30' 00" East, a
distance of 222.16 feet to the Point of beginning of the boundary of 16 foot track easement;
thence with a bearing of South 00° 30' 00" East, a distance of 39.70 feet to a point; thence with
a curve concave to the Northeast, having an initial tangent bearing of North 25' 23' 41" West, a
radius of 924.65 feet, a central angle of 04° 51' 58", an arc length of 78.53 feet to a point;
thence with a bearing of North 00° 30' 00" West, a distance of 50.31 feet to a point; thence with
a curve concave to the northeast, having an initial tangent bearing of South 17° 32' 49" East, a
radius of 908.65 feet, a central angle of 05° 34' 34" East, an arc length of 88.43 feet, mom or
less, to the Point of Beg/nning.
Also subject to an easement of ingress and egress over the roadway located on the hereinabove
described Parcels 2 and 3 for the purpose of access to the team track West of said property, for
so long as said tracks remain in place. And there is further reserved to Amtrack and the public,
an easement on ingress and egress over said roadway for the purpose of access to the present
Amtrak facility located thereon.
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.
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 affirming 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.
4 ORE} NO. 2-04
PASSED AND ADOPTED in regular session on second and final reading on this the __
day of ,200~.
ATTEST M A Y O R
City Clerk
First Reading.
Second Reading
5 ORD NO. 2-04
CITY OF DELRAY BEACH
PLANNING AND ZONING BOARD
MEETING DATE:
AGENDA ITEM:
ITEM:
---STAFF REPORT---
December 15~, 2003
IV. A.
Future Land Use Map Amendment From ClylR (Commerce) In Part and GC
(General Commercial) In Part, To CMR (Commerce) and Rezoning From MIC
(Mixed Industrial and Commercial) In Part and GC (General Commercial) In Part, To
MIC (Mixed Industrial and Commercial) for a Parcel of Land Known as Delray Depot
(Formerly the Train Station Depot site) (Quasi-Judicial Hearing).
GENERAL DATA:
Proposed Zoning ........................
Adjacent Zoning ................ North:
East:
South:
West:
Owner/APplicant ......................... The Atlantic Group
Holdings Corporation.
ApplicanL ................................... Weiner & Aronson, P.A.
Agent .......................................... Gerhard Schillinger
Location ...................................... Located at the northwest
comer of West Atlantic
Avenue and 1-95.
Property Size .............................. 1.80 Acres
Future Land Use Map ................ GC (General Commercial) &
CMR (Commerce)
Proposed F.L.U.M ......................CMR (Commerce)
Current Zoning ............................ GC (General Commercial) &
MIC (Mixed Industrial &
Commercial)
MIC (Mixed Industrial &
Commercial)
I (Industrial)
MIC (Mixed Industrial &
Commercial) and Interstate
#95 (I - 95) Right-of-Way
MIC (Mixed Industrial &
Commercial) and CD
(Conservation District)
MIC (Mixed Industrial &
Commercial)
Existing Land Use ...................... Vacant building
Proposed Land Use .................... Auto storage with
associated office.
Wa{er 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 General
Commercial (GC), in part, and Commerce (CMR), in part, to CMR and rezoning from GC, in
part, and Mixed Industrial and Commercial (MIC), in part, to MIC for the property located at the
northwest comer of Interstate Highway 95 and West Atlantic Avenue (80 Depot Avenue).
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and rezoning of any property within the City.
The property consists of a meets and bounds description and contains 1.80 acres. The
property contains the train depot which was listed in the National Register in September of 1986
and in the Local Register of Historic Places in October of 1988. The building was constructed
in 1926 and was most recently used as an office for an interior decorator and furniture repair
use.
At its meeting of November 25, 1986, the City Commission approved a Future Land Use Map
Amendment from Industrial to Commercial and a Rezoning from Medium Industrial to General
Commercial. These were privately initiated applications by the owner of the property. The
applicant indicated that the change to commercial designations from industrial were appropriate
since the use of the property by AMTRAK had ended and that the property was appropriately
sited for office and retail uses. These proposed changes were requested despite the lack of
access to West Atlantic Avenue.
An application has been submitted for a FLUM amendment from General Commemial (GC), in
part, and Commerce (CMR), in part, to CMR and a rezoning from GC, in part, and Mixed
Industrial and Commercial (MIC), in part, to MIC. These applications have been submitted with
the purpose of establishing a private warehouse for the storage of automobiles (no vehicle
repair, sales or display) and private office space on the subject property. This use would be
permissible under the proposed MIC zoning, but not under the current GC zoning.
In accordance with Chapter 163, Flodda 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 Statute 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 Statute 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;
Planning and Zoning Boar¢ 'afl Report
Delray Depot - Small-Scale r~-UM Amendment and Rezoning
Page 2
n 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;
n 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;
The proposed amendment does not involve a text change to the goals, policies and
objectives of the local govemment'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
n The property that is the subject of a proposed amendment is not located within an
area of critical state concern.
The 1.80 acre property does not exceed 10 acres nor does it exceed the maximum of 60 acres
annually for properties located outside of designated redevelopment or traffic concurrency
exception areas. This application is only the third small-scale FLUM amendment this year and
would result in a combined total of 6.74 acres considered as small scale amendments. The
subject property does not involve a residential land use or a text change, nor is it located in an
area of critical state concern. The proposed Future Land Use Map amendment involves a
· properly that has not previously been considered, nor located within 200' of property owned by
the applicant that was approved for a land use change within the past year. Based upon the
above, the subject proposal is consistent with the criteda for a small-scale development.
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application. These findings relate to
the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and
Compliance with the Land Development Regulations.
Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future Land Use Map.
The proposed Mixed Industrial and Commercial (MIC) zoning distdct is consistent with the
proposed Commerce (CMR) FLUM designation. The proposed warehouse and office uses are
allowed in the MIC zoning district as permitted uses. Based on the above, positive findings can
be made with respect to FLUM consistency.
Planning and Zoning Boar( '~aff Report
Delray Depot - Small-Scale I'-LUM Amendment and Rezoning
Page 3
The remaining required findings of LDR Section 3.1.1 (Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations) are discussed below.
The following Comprehensive Plan Policy applies to Future Land Use Map Amendments:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM)
must be based upon the findings listed below, and must be supported by data and
analysis that demonstrate compliance with these findings:
Demonstrated Need - That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends,
changes in the availability of land, changes in the existing character and FLUM
designations of the surrounding area, fulfillment of a comprehensive plan
objective or policy, annexation into the municipal boundaries, or similar
circumstances. The need must be supported by data and analysis verifying the
changing demographics or other circumstances. This requirement shall not apply
to requests for the FLUM designations of Conservation or Recreation and Open
Space; nor shall it apply to FLUM changes associated with annexations when the
City's advisory FLUM designation is being applied, or when the requested
designation is of a similar intensity to the advisory designation. However, the
findings described in the remainder of this policy must be addressed with all
FLUM amendments.
The subject property was most recently used as an office and fumiture repair facility for an
intedor decorator. The property had previously been used for a contractor's office/warehouse
and as a train depot. The owner of the property proposes to establish a pdvate warehouse for
the storage of automobiles (no vehicle repair, sales or display) and an associated pdvate office.
The property's GC land use designation was requested by a prior property owner in 1986 when
the property was occupied by AMTRAK and was made with the knowledge that the AMTRAK
stop would be relocated. The request was made to accommodate office and retail uses;
however, the project never moved forward due to a number of issues, not limited to but
including, access. The existing GC land use designation of the property is inappropriate since
the property contains no direct vehicular access from West Atlantic Avenue. This situation
results in insufficient exposure to sustain commercial businesses.
When the Comprehensive Plan was originally adopted in 1989, the conclusion that the
Commerce (CMR) land use designation was the most needed land use designation (see Future
Land Use Element Policy A-1.3) in the City was arrived at based on data and analysis. The
proposed FLUM amendment and rezoning is appropriate as having an industrially oriented use
on the property will be more sustainable since direct access to an artedal road is not cdtical to
those uses permitted within the MIC zoning district. The FLUM designations surrounding the
property are CMR, which is consistent with the character of the area.
Consistency - The requested designation is consistent with the goals, objectives
and policies of the most recently adopted Comprehensive Plan.
The proposal is consistent with the above policy as well as other goals, objectives and policies
of the City's Comprehensive Plan. The FLUM amendment will also address the following
Comprehensive Plan Policy:
Future Land Use Element Policy A-1.3 - The Commerce land use designation, which
involves a mix of light industrial, commercial uses and research and development, is the
Planning and Zoning Boan afl Report
Delray Depot - Small-Scale PLUM Amendment and Rezoning
Page 4
most needed land use during the City's final stage of build-out. Thus, changes to the
Future Land Use Map, which diminish this land use, are discouraged.
The proposed FLUM amendment will place additional land that is currently designated
commercial and place it in the Commerce category.
Future Land Use Element Policy C-1.3- The City shall concentrate efforts in the
heavy industrial and undeveloped areas along arterial roadways in order to provide a
better image of the community. Such efforts should include:
Enhanced and continuous code enforcement,
Regulations which required heavy industdal uses to provide perimeter landscaping
of their sites,
~ Owners of vacant property shall provide a landscaped appearance of their
properties.
The applicant has indicated an intent to establish a private warehouse for the storage of
automobiles (no vehicle repair, sales or display) and pdvate office space on the subject
property. The applicant has also indicated that the proposed uses will operate completely
within the existing building. It is noted the condition of the property is substandard with respect
to landscaping and screening of the dumpster enclosures. A site plan modification with
upgrades to the site to meet current standards where feasible will be necessary. This
modification should include, but not be limited to landscaping and screening of the existing
dumpster enclosure and resurfacing and restrip ng the existing parking area. Following
consideration of the FLUM amendment and rezoning, a site plan modification would need to be
considered by the Historic Preservation Board (HPB) and is attached as a condition of approval.
~ Concurrency- Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves a FLUM amendment on a 1.80 acre parcel from GC, in part, and CMR, in
part, to CMR. The impact on adopted concurrency standards will be reduced by the proposed
FLUM amendment. Concurrency findings with respect to Parks and Recreation, Solid Waste,
Traffic and Water and Sewer are discussed below:
Parks and Recreab'on:
There will be no impact on the City's Parks and Recreation facilities due to the FLUM and
Rezoning changes.
Solid Waste:
In its most recent utilization as an office and furniture repair business, the 7,300 square foot
structure generated 19.71 tons of solid waste per year. The proposed private office/warehouse
will fall under the same waste generation category; therefore no additional impact on this level
of service standard is expected.
Traffic:
The applicant has submitted a traffic statement that indicates the existing 7,300 square foot
structure being utilized by an industrial use would generate 47 average daily trips onto the
surrounding road network. The 7,300 square foot structures highest intensity under the existing
Planning and Zoning Boan afl Report
Delray Depot - Small-Scale r~.UM Amendment and Rezoning
Page 5
General Commercial zoning may result in a maximum of 673 trips (7,300 sq. ft. / 1,000 x 92.17
= 672.841 trips). Therefore a significant reduction in traffic impact is to be expected.
Water and Sewer:
Water service is provided to the site via an 8" water main, which is located along the south side
of the property on West Atlantic Avenue. Sewer service is provided via a septic tank system.
The drainage field is located along the south side of the property. Adequate fire suppression is
provided to the site via an existing fire hydrant along the northeast side of the building.
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 upon the current FLUM.
Pursuant to the Public Facilities Element Policy A-1.1, existing septic tanks located in sewered
areas throughout the City shall be removed from use as necessary pursuant to Florida Statutes.
There are no sewer mains located adjacent to the property or within reasonable distance to
extend to the subject property. The proposed conversion of the commercial property to
industrial will decrease the demand on these public services. Thus, a positive finding with
respect to this level of service standard can be made.
Compatibility - The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The property is surrounded on the north, east and west by MIC zoned property and/or existing
industrial uses. To the east across the 1-95 right-of-way are residences zoned R-1-A. There is
no compatibility concern with respect to these residences due to the separation provided by the
1-95 right-of-way, which is approximately 970' in width. The proposed business office and
warehouse uses will be compatible with these properties. The proposed use will have no
impact on the Conservation District (CD) zoned property that is located to the south across
West Atlantic Avenue. Based on the above, a positive finding with respect to Compatibility can
be made.
Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Any future redevelopment of the 1.80 acre parcel of land will occur in accordance with the City's
Land Development Regulations. The applicant has indicated that he intends to establish a
pdvate warehouse for the storage of automobiles (no vehicle repair, sales or display) and
pdvate office space that would operate completely within the existing building on the subject
property. As previously discussed, the condition of the property is substandard with respect to
landscaping and screening of the existing dumpster enclosures and the existing parking area is
in a state of disrepair and should be resurfaced and restriped. Pursuant to Future Land Use
Element Policy C-1.3, these landscaping, parking area and dumpster enclosure improvements
will be necessary to improve the aesthetics of the property. With the provision of the above, a
Positive finding with respect to compliance with the Land Development Regulations can be
made.
Future Land Use Map Consistency, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report. Compliance with the Land Development Regulations with respect to Standards for
Rezoning Actions and Rezoning Findings are discussed below.
Planning and Zoning Boan 'afl Report
Delray Depot - Small-Scale rLUM Amendment and Rezoning
Page 6
CONSISTENCY: Compliance with the performance standards set forth in LDR Section
3.2.2, along with the required findings in LDR Section 2.4.5(D) (5), 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.
LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
performance standard of LDR Section 3.2.2 is as follows:
(D)That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land 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:
Zoninq Des~qnation:
Use:
North MIC Vacant
South CD Preserve Area
East MIC and 1-95 Right-of-Way Industrial
West MIC Industrial
The proposed MIC zoning designation of the property is consistent with the prevalent
development pattern of the surrounding properties. Furthermore, the property's existing GC
zoning designation is inappropriate since there is no access to West Atlantic Avenue, which
restricts the viability of the property for commercial activity.
LDR Section 2.4.5(D) (5):
Pursuant to LDR Section 2.4.5(D) (5), 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:
(a) That the zoning had previously been changed, or was originally established, in error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The applicant submitted a justification statement which states:
'~rhe surrounding properties are zoned MIC, so it is more appropriate that this property
be rezoned to MIC. In fact, a portion of the property is already zoned MIC. Thus, the
requested zoning is of similar intensity and more appropriate based upon the
circumstances particular to the site and/or neighborhood:
The property has two FLUM designations (GC and CMR) and two Zoning Map designations
(GC and MIC). The requested MIC zoning for the entire property is more appropriate.
Planning and Zoning Board ~ff Report
Delray Depot - Small-Scale PLUM Amendment and Rezoning
Page 7
Without access to West Atlantic Avenue, the zoning designation of the property as GC is
inappropriate. The use of the property for industrial purposes is consistent with the surrounding
land uses. Therefore, a positive finding can be made the mzoning fulfills subsection (c).
The property is not in an area that requires review by the Community Redevelopment Agency
(CRA) or Downtown Development Authority (DDA).
Histodc Preservation Board (HPB):
The HPB reviewed the FLUM amendment and Zoning Map change at its meeting of December
3, 2003, and recommended approval of these applications. The Board recognized that the
CMR FLUM designation and MIC zoning designation were appropriate for the property.
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:
E! Presidents Council
El Progressive Residents of Delray (P.R.O.D.)
El United Property Owner's Association
Letters of support or objection, if any, will be presented at the Planning and Zoning Board
meeting.
The proposed FLUM amendment and Rezoning will provide the appropriate industrial
dassification for the subject property which is appropriate given the site constraints. The
proposed use of the property as industrial will be consistent with the surrounding industrial
uses. Positive findings for the Land Use Change can be made with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan, LDR Section 3.1.1 and the Goals, Objectives
and Policies of the Comprehensive Plan. Positive findings can also be made for the rezoning
with respect to LDR Section 2.4.5(D) (5) and LDR Section 3.2.2. Therefore, the proposed
FLUM amendment and rezoning can be recommended for approval based upon the findings
outlined in this report.
A. Continue with direction;
B. Recommend to the City Commission approval of the small-scale FLUM Amendment from
CMR and GC to CMR and rezoning from MIC and GC to MIC for the subject property,
based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the
Planning and Zoning Boar¢' '~ff Report
Delray Depot - Small-Scale rCUM Amendment and Rezoning
Page 8
Comprehensive Plan, LDR Section 2.4.5(D) (5), LDR Section 3.2.2, LDR Section 3.1.1 and
the Goals, Objectives and Policies of the Comprehensive Plan; or
C. Recommend denial to the City Commission of the small-scale FLUM Amendment from CMR
and GC to CMR and rezoning from GC and MIC to MIC based upon a failure to make
positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan,
LDR Section 2.4.5(D) (5), LDR Section 3.2.2 and Section 3.1.1 of the Land Development
Regulations.
Recommend to the City Commission approval of the privately sponsored small scale FLUM
Amendment from General Commercial (GC), in part, and Commerce (CMR), in part, to CMR
and Rezoning from GC, in part, and Mixed Industrial and Commercial (MIC), in part, to MIC,
based upon positive findings with respect to Future Land Use Element Policy A~1.7 of the
Comprehensive Plan, LDR Section 3.1.1, LDR Section 2.4.5(D) (5), LDR Section 3.2.2 and the
Goals, Objectives and Policies of the Comprehensive Plan.
Staff Report Prepared by: Robert G. Tefft, Senior Planner
A~tachments: Location Map, Proposed Future Land Use Map and Proposed Zoning Map
SETA
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ICE
CENTER
CONGRESS
A V~NUE
,UTO CENTER
PALM TRAN
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CMR
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QC
N.W. 3RD SI
2ND ST.
~TELLITE-FAClLITY
I
DELRA Y
AWNING
ROYAL
COMM.
PARK OF
DELRAY
CHEVRON
15T ST.
RINKER
MATERIALS
-- FUTURE LAND USE MAP AMENDMENT - ~
FROM: CMR (COMMERCE) & GC (GENERAL COMMERCIAL) TO: CMR (COMMERCE)J
SETA
AR TIC
ICE
C£N ?'ER
PALM TRAN
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MIC
MARTY FLAD£LL DRIVE
N,W. 2ND ST.
N
AREA OF MODIFICATIOI~I
DELRAY DEPOT
-- REZONING --
FROM: MIC (MIXED INOLISTPJA,L & COMMERCIAL) & GC (GENERAL COMMERCIAL)
TO: MIC (MIXED INDUSTRIAL & COMMERCIAL)
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM $$ ~C) ~b
ORDINANCE NO,
REZONING/HIGHLAND GROVE ESTATES)
= REGULAR MEETING FEBRUARY 3. 2004
5-04 (PRIVATELY INITIATED
JANUARY 30, 2004
This ordinance is before Commission for second reading and a quasijudidal hearing for rezoning from
A (Agricultural) to RM-8 (Medium Density Residential-8 dwelling units per acre) for a 1.69 acre parcel
of land for Highland Grove Estates located on the north side of Old Germantown Road
approximately 1,115 feet west of Homewood Boulevard.
The subject property consists of two (2) unplatted lots contsining two (2) existing single f~mily
homes. The site was annexed into the City in 1988 with an initial zoning designation of Agricultural
Residential Transitional (ART) to allow existing agricultural uses to continue. With the citywide
rezoning and adoption of the LDR in October 1990, the property was rezoned to Agriculture. The
proposal is to change the zoning designation for Highland Grove Estates for the purpose of
constructing a multiple-family residential development
The Planning and Zoning Board held a public heating in conjunction with the request. Four people
spoke expressing concerns renting to traffic and compatibility with the single-family dwellings in the
area. The Board voted 6-0 to recommend that the request be approved, based upon positive findings
with respect to Land Development Regulations Section 2.4.503)(5) (Rezoning Findings), Land
Development Regulations Section 3.1.1 (Required Findings), Land Devdopment Regulations Section
3.2.2 (Standards for Rezoning Actions), Land Development Regulations 4.4.60)(3) {that the proposed
density is appropriate based upon the FLUM designations of the surrounding properties and
prevailing development patterns}, and the goals, objectives, and policies of the Comprehensive Plan.
At the first reading on January 6, 2004, the City Commission passed Ordinance No. 5-04.
Recommend approval of Ordinance No. 5-04 on second and final reading.
S:\City Chak\ag~mda memos\O~5.1M 0Z03.04 Rezonmg ltighland Grove Estates
TO:
THRU:
FROM:
SUBJECT:
ROBERT G. TEFFT, SENI'~R~PLANNER- ~.-,.~.~/~
MEETING OF JANUARY 6, 2004
PRIVATELY SPONSORED REZONING FROM AGRICULTURE (A) TO MEDIUM DENSITY
RESIDENTIAL - 8 DUIAC (RM-8) FOR THE PROPERTY LOCATED ON THE NORTH SIDE
OF OLD GERMANTOWN ROAD, APPROXIMATELY 1,115' WEST OF HOMEWOOD
BOULEVARD.
The subject property consists of two (2) unplatted lots totaling 1.69 acres containing two (2) single family
residences. The site was annexed into the City in 1988 with an initial zoning designation of Agricultural
Residential Transitional (ART). The ART zoning designation was applied as a holding zone for properties
annexed into the City in order to allow the existing agricultural uses being conducted on the properties to
continue. With the citywide rezoning and adoption of the LDR in October of 1990, the property was rezoned
to Agriculture (A).
An applicafion has been submitted for a Rezoning from A to RM-8. This application has been submitted
with the purpose of constructing a multiple-family residential development on the subject properties. This
use would be permissible under the proposed RM-8 zoning, but not under the current A zoning. Additional
background and an analysis of the Rezoning request are provided in the attached Planning and Zoning
Board staff report.
At its meeting of December 15, 2003, the Planning and Zoning Board held a public hearing in conjunction
with the requested Rezoning. Four (4) members of the public spoke on the item and expressed concerns
relating to traffic and compatibility with the single-family dwellings in the area. After reviewing the staff
report and discussing the proposal, the Board unanimously voted 6-0 (Krall absent) to recommend that the
request be approved, based upon positive findings with respect to LDR Section 2.4.5(D) (5), LDR Section
3.1.1, LDR Section 3.2.2, LDR Section 4.4.6(I) (3) [that the proposed density is appropriate based upon the
FLUM designations of the surrounding properties and prevailing development patterns] and the Goals,
Objectives and Policies of the Comprehensive Plan.
By motion, approve on first reading the ordinance for the privately sponsored Rezoning from A to RM-8,
based upon positive findings with respect to LDR Section 2.4.5(D) (5), LDR Section 3.1.1, LDR Section
3.2.2, LDR Section 4.4.6(I) (3) [that the proposed density is appropriate based upon the FLUM designations
of the surrounding properties and prevailing development patterns] and the Goals, Objectives and Policies
of the Comprehensive Plan.
Attachments: Planning and Zoning Board Staff Report of December 15, 2003 and Ordinance by Others
ORDINANCE NO. 5-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED A (AGRICULTURE ZONE) DISTRICT TO RM-8
(MEDIUM DENSITY RESIDENTIAL - 8 DWELLING LrNITS PER
ACRE) DISTRICT; SAID LAND BEING A PARCEL OF LAND
LOCATED ON THE NORTH SIDE OF OLD GERMANTOWN ROAD,
APPROXIMATELY 1,115 FEET WEST OF HOMEWOOD
BOULEVARD, 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, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April, 2003, as being zoned A (Agriculture Zone) District; and
WHEREAS, at its meeting of December 15, 2003, the Planning and Zoning Board for the
City of Delmy Beach, as Local Planning Agency, considered this item at a public hearing and voted
6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Dekay Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of RM-8 (Medium Density Residential -8
dwelling units per acre) District for the following described property:
A parcel of land situate in Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida being
more particularly described as follows:
The West one-half (W ~) of the East one-quarter (E ¼ ) of the Southeast one-quarter (SE ¼) of the Northeast
one-quarter CNE ¼ ) of the Northeast one-quarter (NE ¼), of Section 25, lying north of the Road (Old
Germantown Road)
Together With
The East one-eighth (E 1/8) of the Southeast one-quarter (SE ¼) of the Northeast one-quarter (NE ¼) of the
Northeast one-quarter (NE ¼ ) of Section 25, lying north of the Road (Old Germantown Road).
Section 2. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the __
day of ,200~.
ATTEST M A Y O R
City Clerk
First Reading.
Second Reading
2 ORD NO. 5-04
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
December 15~h, 2003
IV. B.
Rezoning From A (Agricultural) To RM-8 (M~dium Density Residential With a
Density Suffix of 8 Units Per Acre) For Highland Grove Estates (Quasi-Judicial
Hearing).
GENERAL DATA:
Owner ......................................... Harry E. Gropp
Applicant .................................... Falkan Development
Agent .......................................... Jeff Falkanger
Location ...... .-. .............................. Located on the north side of
Old Germantown Road,
approximately 1,115 feet west
of Homewood Boulevard.
Property Size .............................. 1.69 Acres
Future Land Use Map ................ MD (Medium Density, 5 - 12
Units/Acre)
Current Zoning ............................ A (Agriculture)
Proposed Zoning ......................... RM - 8 (Multiple Family
Residential, Medium
Density - 8 Units/Acre)
Adjacent Zoning ................ North: RM (Multiple Family
Residential, Medium Density)
East: PRD (Planned Residential)
South: A (Agriculture)
West: RM - 8 (Multiple Family
Residential, Medium
Density - 8 Units/Acre)
Existing Land Use ...................... Single Family Dwellings
Proposed Land Use .................... Multiple Family Residential
Water Service ............................. Existing on site.
Sewer Service ............................. Existing on site.
LINTON
CANAL
CANAL
L-37
IV. B.
The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored rezoning from Agriculture (A) to Multiple Family Residential-Medium
Density - 8 du/ac (RM-8) for the property located on the north side of Old Germantown Road,
'approximately 1,115' west of Homewood Boulevard,
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to the rezoning of any property within the City.
The subject property consists of two (2) unplatted lots totaling 1.69 acres containing two (2)
single family residences. The site was annexed into the City in 1988 with an initial zoning
designation of Agricultural Residential Transitional (ART). The ART zoning designation was
applied as a holding zone for properties annexed into the City in order to allow the existing
agricultural uses being conducted on the properties to continue. With the citywide rezonings
and adoption of the LDR in October of 1990, the property was rezoned to Agriculture (A).
At its meeting of February 22, 1999, the Planning and Zoning Board recommended approval of
a request for rezoning of the adjacent property to the west from A to RM-8 (Winters Rezoning).
The initial request made by the applicant was for RM zoning; however the Board determined
that in order to ensure compatibility with the adjacent residential uses, a suffix of eight (8) units
per acre should be applied to the property. At its meeting of March 16, 1999, the City
Commission approved the rezoning of the property. This property has subsequently been
platted as a single family subdivision known as Valencia Court, which is currently under
development.
The proposal is to change the zoning designation of the subject property from Agricultural (A) to
Multiple Family Residential-Medium Density - 8 du/ac (RM-8). The applicant has indicated that
the proposed rezoning is requested as a prelude to the future development of the property as a
multiple family residential project. However, at this time a development application has not
been submitted. '
REQUIRED FINDINGS: (Chapter 3)
Pursuant to LDR Section 3.1.t (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 Future Land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the Land
Development Regulations.
Planning and Zoning Boarf' ~aff Report
Highland Grove Estates - k=~oning
Page 2
Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within whiCh the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future Land Use Map.
The subject property has a Medium Density - 5-12 du/ac (MD) Future Land Use Map
designation and is currently zoned Agriculture (A). The proposed Multiple Family Residential-
Medium Density - 8 du/ac (RM-8) designation is consistent with the MD Future Land Use Map
designation. Based upon the above, a positive finding can be made with respect to consistency
with the Future Land Use Map designation.
Concurrency: Concurrency, as defined pursuant to Objective B-2 of the Future Land Use
Element of the Comprehensive Plan, must be met and a determination made that the
public facility needs of the requested land use and/or development application will not
exceed the ability of the City to fund and provide, or to require the provision of, needed
capital improvements in order to maintain the Levels of Service Standards established in
Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach.
Drainaqe; With a rezoning request drainage plans are not required. Storm water retention will
be reviewed during the site plan application process. There are no problems anticipated with
retaining drainage on site and obtaining a South Florida Water Management District permit.
Parks and Recreation: The applicant will be responsible for the City's Parks and Recreation
requirements during the site plan review process. The subject property has a development
potential of 13 dwelling units under the proposed RM-8 zoning designation. Consequently, the
applicant would be subject to a $6,500 park impact fee at maximum development (13 units x
$500 per unit).
School Concurrency: School concurrency must be addressed during the rezoning application
and represent the maximum development. The applicant has received a finding of concurrency
from the Palm Beach County School Board.
Solid Waste: The development of the property under the RM-8 zoning distdct should not create
an adverse impact on this level of service standard. The subject property has a maximum
development potential of 13 dwelling units. The two (2) existing single family residences
generate 3.98 tons of solid waste per year. The potential 13 multiple family dwelling units
would generate 6.76 tons of solid waste per year; a net increase of 2.78 tons of solid waste per
year. The increase can be accommodated by existing facilities and thus, will not have a
significant impact on this level of service standard.
Traffic: The applicant has provided a traffic statement comparing the traffic generated by the
two (2) existing single family homes and a twelve (12) unit multiple family development.
However, the requested density of eight (8) dwelling units per acre would allow for a maximum
of 13 units. Further analysis indicates that should the maximum density be achieved, 71
additional average daily tdps would be generated.
Water and Sewer: Water service can be accommodated via a service lateral connection to the
existing 12" water main located within the Old Germantown Road right-of-way. Sewer service
may be accommodated from one of two potential options; via service lateral connection to an
existing manhole in an adjoining development (Spanish Wells or Summit Delray Apartments); or
via service lateral connection to the existing 4" force main within Old Germantown Road. It is
noted that should the applicant select the former option, utility easements would need to be
Planning and Zoning Boarf :afl Report
Highland Grove Estates - k,.zoning
Page 3
secured from the chosen adjoining development. If the latter option is selected, than a private
lift station would need to be provided on the subject property.
Adequacy of fire suppression will be evaluated during the site plan review process. Pursuant to
the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant
and the South Central County Wastewater Treatment Plant for the City at build-out. Based
upon the above, positive findings can be made with respect to this level of service standard.
Consistency: A finding of overall consistency may be made even though the action will
be in conflict with some individual performance standards contained within Article 3.2,
provided that the approving body specifically finds that the beneficial aspects of the
proposed project (hence compliance with some standards) outweighs the negative
impacts of identified points of conflict.
LDR Section 3.2.2 (Standards for Rezoning Actions):
The applicable performance standards of LDR Section 3.2.2 are as follows:
(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 surround the subject property:
Zoninq Desiqnation: FLUM Desiqnation: Use:
North RM MD
South R-1 -AAA LD
R-1 -AAA LD
A LD
East PRD MD
PRD MD
West RM-8 MD
Spanish Wells Condominiums
Rabbit Hollowe Subdivision
Verona Woods Subdivision
Single Family Residences
Summit Delray Apartments
Crosswinds Condominiums
Valencia Court Subdivision
Multiple family development is permissible within the proposed RM-8 zoning district and would
be compatible with the existing multiple family developments to the north and east. The single
family subdivision to the west (Valencia Court) was recently rezoned from Agriculture (^) to RM-
8 in 1999 and could still be redeveloped in the future as a multiple family development. The
single family subdivisions and remaining agriculturally zoned properties to the south are
separated from the subject property by Old Germantown Road and the development
requirements found in the City's Land Development Regulations are sufficient enough to
mitigate any potentially adverse impacts to these areas.
Pursuant to LDR Section 4.4.6(H), density may exceed the base of six (6) units per acre only
after the approving body makes a finding that the project has substantially complied with the
performance standards of LDR Section 4.4.6(I). The density for a specific RM development
may be further limited by a numerical suffix affixed to the designation and shown on the zoning
map. Pursuant to LDR Section 4.4.6(I) (3), for vacant property that is proposed for rezoning to
RM with a density suffix, the approving body must make a finding that the proposed density is
appropriate based upon the FLUM designations of surrounding property as well as the
prevailing development pattern of the surrounding area. As noted in the above table, the
adjacent properties to the north, east and west have MD (Medium Density) FLUM designations.
· Planning and Zoning Boar~ ~aff Report
Highland Grove Estates - k;zoning
Page 4
As discussed later in the report with respect to Comprehensive Plan Housing Element Policy A-
3.2, the proposal is consistent with the prevailing development pattern as well as the densities
of the surrounding area. The affixation of the suffix restricting the density of the property to
eight (8) units per acre shall ensure maximum compatibility with the adjacent properties.
LDR Section 2.4.5(D) (5) - Rezoning Findinqs:
Pursuant to LDR Section 2.4.5(D) (5), 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:
(a) That the zoning had previously been changed, or was originally established, in
error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate;
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant has submitted a justification statement, which states the following:
"'l'he Agricultural (A) zoning dist#ct serves as a holding zone designation. At this time
we desire a zoning compatible with the land use of multifamily residential. The change
to RM-8 from A would also create a more compatible zoning with the adjacent
properties:
The applicant's justification is correct, as agricultural uses are not envisioned for the long term
on the subject property given the surrounding residential developments. The underlying land
use allows for a zoning designation that will accommodate a multiple family residential use,
which is consistent with the development pattern to the nodh, east and west of the subject
property. Further, the requested zoning designation (RM-8) is consistent with the FLUM
designation (MD).
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 Obiective A-l: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate in terms of soil, topographic and other
applicable physical considerations, is complementary to adjacent land uses and fulfills
remaining land use needs·
As discussed previously with respect to LDR Section 3.2.2 (Standards for Rezoning Actions),
multiple family development is permissible within the proposed RM-8 zoning district and would
be compatible with the existing multiple family developments to the north and east. The single
family subdivision to the west (Valencia Court) was recently rezoned from Agriculture (A) to RM-
8 in 1999 and could still be redeveloped in the future as a multiple family development. The
single family subdivisions and remaining agriculturally zoned properties to the south are
separated from the subject property by Old Germantown Road and the development
requirements found in the City's Land Development Regulations are sufficient enough to
mitigate any potentially adverse impacts to these areas.
Planning and Zoning Board ~ff Report
Highland Grove Estates - R~oning
Page 5
Housing Element Policy A-3.2: The most restrictive residential zoning district that is applicable
given existing development patterns and typical lot sizes shall be applied to these
neighborhoods and affixed to the zoning map. Requests for rezonings to a different zoning
designation, other than Community Facilities, Open Space, Open Space and Recreation, or
Conservation shall be denied.
This policy relates to neighborhoods that are designated "stable" on the Residential
Neighborhood Categorization Map. The subject property is located within an area that is
designated as such. Given the existing development pattem of the area, the most applicable
zoning designation would be the requested RM-8. The following table identifies the neighboring
residential developments and their respective densities:
Development Type: Density (du/ac):
Oakmont Subdivision Single Family (SF) 2.35
Spanish Wells Condominiums Multiple Family (MF) 8.0
Rabbit Hollowe SF 1.23
Valencia Court SF 4.24
Verona Woods SF 2.35
Crosswinds Planned Residential
Development
Crosswinds Condominiums MF
Crosswinds Subdivision SF
Summit Delray Apartments MF
SF and MF
9.95 (overall)
8.0
4.14
17.7
The proposed density of eight (8) units per acre is in keeping with the housing densities
immediately adjacent of this parcel.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items Identified in the Land Development Regulations shall specifically be addressed by
the body taking final action on the development proposal.
The applicant has not submitted a development proposal for the subject property. Therefore,
there is no analysis with respect to the City's Land Development Regulations.
The subject property is not in an area that requires review by the Community Redevelopment
Agency (CRA), Downtown Development Authority (DDA) or Historic Preservation Board (HPB).
Public Notice:
Formal public notice has been provided to properly 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 homeowner's and civic associations:
[~ Andover Homeowner's Association
Planning and Zoning Boar~ *afl Report
Highland Grove Estates - k=zoning
Page 6
El Crosswinds Homeowner's Association
El Foxe Chase Homeowner's Association
El Oakmont Homeowner's Association
El Presidents Council
El Progressive Residents of Delray (P.R.O.D.)
El Rabbit Hollow Homeowner's Association
El Verona Woods Homeowner's Association
Letters of support or objection, if any, will be presented at the Planning and Zoning Board
meeting.
The proposed rezoning from AgricultUre (A) to Multiple Family Residential-Medium Density - 8
du/ac (RM-$) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the
LDR. Additionally, positive findings can also be made with respect to LDR Section 2.4.5(D) (5)
and that the proposed density is appropriate based upon the FLUM designations of the
surrounding properties as well as the prevailing development pattem of the surrounding area.
A. Continue with direction;
Recommend to the City Commission approval of the rezoning request from A to RM-8 for
the subject property, based upon positive findings with respect to LDR Section 2.4.5(D) (5),
LDR Section 3.1.1, LDR Section 3.2.2, LDR Section 4.4.6(I) (3) and the Goals, Objectives
and Policies of the Comprehensive Plan; or
C. Recommend to the City Commission denial of the rezoning request from A to RM-8 for the
subject property, based upon a failure to make positive findings with respect to LDR Section
2.4.5(D) (5), LDR Section 3.1.1, LDR Section 3.2.2, LDR Section 4.4.6(I) (3) and the Goals,
Objectives and Policies of the Comprehensive Plan.
Recommend to the City Commission approval of the rezoning request from Agriculture (A) to
Multiple Family Residential-Medium Density - 8 du/ac (RM-8), based upon positive findings with
respect to LDR Section 2.4.5(D) (5), LDR Section 3.1.1, LDR Section 3.2.2, LDR Section
4.4.6(I) (3) [that the proposed density is appropriate based upon the FLUM designations of the
surrounding properties and prevailing development patterns] and the Goals, Objectives and
Policies of the Comprehensive Plan.
Staff Repor~ Prepared by: Robert G. Tefft, Senior Planner
A~tachment$: Location Map and Proposed Zoning Map
TOWNHOM£S
LtNTON
LAKE~EW
GREENS
CONDO
RM
BOULEVARD
PRD
HIGHLAND
GROVE
ESTATES
-- REZONING -
FROM: A
AGRICULTURAL)
'0: RM - 8
(MEDIUM DENSITY
RESIDENTIAL, 8 UNITS
PER ACRE)
34~11 &3421 OLD
GERMANTOWN ROAD
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COblNISSIONERS
CITY MANAGER~
AGENDA ITEM # 100-- - REGULAR MEETING OF FEBRUARY 3. 2004
ORDINANCE NO. 1-04 (CREATING AN OVERLAY DISTRICT FOR A
PORTION OF THE W~,I .!.ACE DRIVE REDEVELOPMENT AREAl
JANUARY 30, 2004
This is second reading and second public hearing for Ordinance No. 1-04 which amends the l.~nd
Development Regulations (LDR), Section 4.4.26 LI (Light Industrial) District and Article 4.5
"Overlay and Environmental Management Districts" relating to the Wallace Drive Area
Redevelopment Plan.
The Wallace Drive Redevelopment Plan, which is being adopted as part of Comprehensive Plan
Amendment 2003-2, covers the Wallace Drive Industrial Area (Redevelopment Area #2). The Plan
calls for the area between Wallace Drive and S.W. 92 Avenue to be rezoned from R-1-A (Single
Family Residential) to LI (Light Industrial). To allow development on smaller lots in the area, where
aggregation of parcels is not possible, the Plan calls for the creation of an Overlay District with
modified development standards to reduce the minimum development area, lot size, lot dimensions
and tenant space requirements. Additionally, the required front setback for the LI district is only 10
feet, which would not be adequate for new development fronting on the major roadways surrounding
the area, Wallace Drive, S.W. 10m Street, and S.W. 10m Avenue. The Overlay District increases the
front setback to 25 feet and incorporates the development standards of the MIC zone with respect to
minimum development area, lot size, lot dimensions, and tenant space requirements.
The Planning and Zoning Board held a public hearing in conjunction with the request. There was no
public testimony regarding the request. After discuss'rog this amendment, the Board voted 5-0 to
recommend the request be approved, based upon a positive finding with LDR Section 2.4.5(IVl)(5).
At first reading and first public hearing on January 6, 2004, the City Commission passed Ordinance
No. 1-04.
Recommend approval of Ordinance No. 1-04 on second and final reading.
S:\CiVy Ch:~k\~g~nda m~mno~\O~d. LO4.0Z03.04
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING, DIRECTOR OF PLANNING AND~)7-'ONI~G
RONALD HOGGARD, SENIOR PLANNER~~
MEETING OF JANUARY 6, 2004
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO CREATE AN
OVERLAY DISTRICT FOR A PORTION OF THE WALLACE DRIVE REDEVELOPMENT
AREA AND MODIFICATION OF THE DEVELOPMENT STANDARDS FOR THE LI
(LIGHT INDUSTRIAL) DISTRICT FOR PROPERTIES LOCATED WITHIN THE
WALLACE DRIVE OVERLAY DISTRICT.
The Wallace Drive Redevelopment Plan, which is being adopted as part of Comprehensive Plan
Amendment 2003-2, covers the Wallace Drive Industrial Area (Redevelopment Area #2), The Plan calls
for the area between Wallace Drive and SW 9th Avenue to be rezoned from R-1-A (Single Family
Residential) to LI (Light Industrial). To allow development on smaller lots in the area, where aggregation
of parcels is not possible, the Plan calls for the creation of an Overlay District with modified development
standards to reduce the minimum development area, lot size, lot dimensions and tenant space
requirements. Additionally, the required front setback for the LI district is only 10 feet, which would not be
adequate for new development fronting on the major roadways surrounding the area, Wallace Drive, SW
10th Street and SW 10th Avenue. The Overlay District increases the front setback to 25' and
incorporates the development standards of the MIC zone with respect to minimum development area, lot
size, lot dimensions and tenant space requirements.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that
the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive
Plan. As stated earlier, this amendment is being initiated pursuant to recommendations in the
Redevelopment Plan for the area, which is being adopted as part of Comprehensive Plan amendment
2003-2.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of December 15,
2003. There was no public testimony regarding the amendment. After discussing the item, the Board
voted 5-0 (Pike and Krall absent) to recommend to the City Commission approval of the proposed text
amendment, based upon positive findings with respect to LDR Section 2.4.5(M).
By motion, approve on first reading the ordinance amending Land Development Regulations Section
4.5.8, The Wallace Drive Overlay District, to define and establish an Overlay Distdct within a portion of
the Wallace Drive Redevelopment Area and to amend LDR Sections 4.4.26(F), Development Standards,
and 4.4.26(H), Special District Regulations, modifying the Development Standards for (LI) Light Industrial
zoned properties within said Oveday District, based upon positive findings with LDR Section 2.4.5(M),
and set a public hearing date of February 3, 2004.
Attachment: Proposed Ordinance
s:~planning & zoning\boards\city commission\ldr wallace drive overlay.doc
ORDINANCE NO. 01-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.26, "LIGHT
INDUSTRIAL (LI) DISTRICT, SUBSECTION 4.4.26 (F), "DEVELOPMENT
STANDARDS" AND SUBSECTION 4.4.26(H), "SPECIAL DISTRICT
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELPAY BEACH, TO PROVIDE FOR THE WALLACE
DRIVE OVERLAY DISTRICT; AMENDING ARTICLE 4.5, "OVERLAY
AND ENVIRONMENTAL MANAGEMENT DISTRICTS", OF THE LAND
DEVELOPMENT REGULATIONS, BY ENACTING SECTION 4.5.8, "THE
WALLACE DRIVE OVERLAY DISTRICT", TO DEFINE AND ESTABLISH
SAID OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the subject matter at its meeting of December 15, 2003, and voted 5 to 0 to
forward the change with a recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning
District", Section 4.4.26, "Light Industrial (LI) District", Subsection 4.4.26(F),
"Development Standards", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
Section 4.4.26 Li.qht Industrial (LI) District:
(F) Development Standards: The development standards as set forth in Section
4.3.4 shall apply except as modified herein.
(1) For each foot in height above twenty-five feet (25'), front and street-side
setbacks shall be increased by one foot (1').
(2) Except as further modified below, :F-the LI Zone District shall not be applied
to any lot which does not meet these standards; however, under a unified development
plan which contains control for site maintenance and provides for cross-access and
mutual use, lots below the District minimum may be created for ownership purposes
only, provided that the minimum development area requirements are met.
(3) Wallace Drive Overlay District Development Standards: Within the
Wallace Drive Overlay District, as defined in Section 4.5.8(A), the Development
Standards depicted in the Section 4.3.4(K) Development Standards Matrix, shall be the
same as those of the MIC (Mixed Industrial & Commemial) zonin.q district.
Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning
District', Section 4.4.26, "Light Industrial (LI) District", Subsection 4.4.26(H), "Special
District Regulations", of the Land Development Regulations of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(H) Special District Re.qulations: The following regulations apply on property
zoned LI.
(1) Overhead doora shall not face adjacent rights-of- ways except when it is
clearly demonstrated that no opportunity exists to do otherwise.
(2) All required setback areas shall be landscaped with no paving except for
driveways and walkways leading to structures on the premises. Such driveways and
walkways shall be generally perpendicular to the property line.
(3) Except in the Wallace Drive Oveday District, as defined in Section 4.5.8(A),
a ,~ minimum floor area of, at least 4,000 sq.ft, per tenant or bay shall be provided with
the exception of office (business) uses.
(4) All industrial operations and activity on the premises, except loading and
unloading, shall be conducted wholly within an enclosed building.
(5) Attention is drawn to Section 4.5.5(B) (Wellfield Protection) and Section
4.4.20 (Industrial Zone District) as they pertain to uses allowed in this LI District and
protection of municipal wells and wellfields.
Section 3. That Chapter Four, "Zoning Regulations", Article 4.5, "Overlay and
Environmental Management Districts", of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same is hereby amended by enacting Section
4.5.8, "The Wallace Drive Overlay District", to read as follows:
Section 4.5.8 The Wallace Drive Overlay District:
(A) Defined: The Wallace Drive Oveday District is hereby established as the
area bounded by SW 10"~ Street on the north, Georqia Street on the south, SW 9"'
Avenue on the east and Wallace Drive on the west. The regulations established in
Section 4.4.26(F)(3) shall apply to all LI zoned parcels within the oveday district.
Section 4. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a court of
competent jurisdiction to be invalid, such decision shall not affect the validity of
the remainder hereof as a whole or part thereof other than the part declared to
be invalid.
Section 5. That ail ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon
the effective date of Ordinance 49-03.
PASSED AND ADOPTED in regular session on second and final reading
on this the __ day of ,200
A'I-rEST
MAYOR
City Clerk
First Reading.
Second Reading.
MEETING OF: DECEMBER 15, 2003
AGENDAITEM:
IV.E - AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS TO CREATE AN OVERLAY DISTRICT FOR A
PORTION OF THE WALLACE DRIVE REDEVELOPMENT AREA
AND MODIFICATION OF THE DEVELOPMENT STANDARDS
FOR THE LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTIES
LOCATED WITHIN THE WALLACE DRIVE OVERLAY DISTRICT.
The item before the Board is that of making a recommendation to the City Commission
on an LDR text amendment creating an Oveday District within the Wallace Drive
Redevelopment Area and modifying the development standards within said Oveday
District.
Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations
may not be made until a recommendation is obtained from the Planning and Zoning
Board.
The Comprehensive Plan calls for the preparation of redevelopment plans in certain
areas of the city where blighted conditions exist. The Wallace Drive Redevelopment
Plan covers the Wallace Drive Industrial Area, designated as Redevelopment Area #2.
It is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th
Avenue on the east; and Tangelo Terrace on the west. Two-thirds of the area is located
west of Wallace Drive, which bisects the area, running diagonally from northeast to
southwest. The area was annexed into the City via the Enclave Act (Enclave #31A), on
June 28, 1988. The following language, excerpted from Future Land Use Element
Policy C-2.3 in the City's Comprehensive Plan, gives a description of the program for
this area:
Policy C-2.3: The following pertains to the Wallace Ddve Industrial Area:
This area shall be pdmadly industrial (LI Zoning) with an emphasis on
commerce uses (PCC, MIC zone districts). The City, through its water and
sewer capital improvement program, shall install water and sewer mains
throughout the area. Unimproved and underimproved rights-of-way shall
be abandoned when it facilitates the aggregation of parcels and larger
scale development provided that the right-of-way is not essential for traffic
flow purposes. Support uses for the existing automobile dealership uses
are encouraged. All commercial uses shall be allowed with the exception
of "strip-type" development along Wallace Drive which is not desired
because of traffic conflicts along this collector street.
IV.E.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendments - Wallace Drive Overlay District
Page 2
The Wallace Ddve Redevelopment Plan, associated FLUM Amendments and
Rezonings were recommended for approval by the Planning & Zoning Board on July
21, 2003. The City Commission approved first reading and transmittal of
Comprehensive Plan Amendment 2003-2 to the Florida Department of Community
Affairs (DCA) on August 5, 2003. The Comprehensive Plan Amendment included the
Wallace Drive Redevelopment Plan and associated FLUM amendments for the
redevelopment area. First reading of the Ordinance to rezone the subject properties
from R-I-A (Single Family Residential) to LI (Light Industrial) was approved by the City
Commission on December 9, 2003. The second reading of the rezoning ordinance will
occur at the same meeting as second reading and adoption of the Comprehensive Plan
amendment on January 6, 2004.
The Redevelopment Plan calls for the area between Wallace Ddve and SW 9th Avenue
to be rezoned from R-1-A (Single Family Residential) to LI (Light Industrial). There are
36 parcels in this area with an average size of 10,307 square feet. This area currently
contains several single family houses, City storm water detention areas and
undeveloped property. Given its location, the (LI) Light Industrial zoning district is the
most appropriate designation for the area in terms of permitted uses. The Light
Industrial zone will allow uses compatible with those on the adjacent MIC (Mixed
Industrial & Commercial) zoned properties to the west and serve as a transition zone
between the more intense MIC zone and adjacent residential development to the east.
Although the Redevelopment Plan encourages the aggregation of pamels,
accommodations are necessary to allow development on smaller parcels where
aggregation is not possible. Of the 36 parcels to be rezoned to LI (Light Industrial), only
3 parcels meet the minimum lot size requirement of 20,000 square feet and only 6 meet
the 100' frontage requirement. The Redevelopment Plan calls for the creation of an
Oveday District (LDR Section 4.5.8 The Wallace Drive Oveday District) with modified
development standards to reduce the minimum development area, lot size, lot
dimensions (LDR Sections 4.4.26(F), Development Standards) and tenant space
requirements (LDR Section 4.4.26(H) Special District Regulations). Additionally, the
required front setback for the LI district is only 10 feet, which would not be adequate for
new development fronting on the major roadways surrounding the area, Wallace Drive,
SW 10th Street and SW 10th Avenue. As proposed, the development standards for Light
Industrial zoned properties within the Overlay District will be the same as those of the
MIC Zone District.
Development Standards Matrix
Minimum Lot Size (sq. ft.) 20,000 0
Minimum Lot Width (ft.) 0 0
Minimum Lot Depth (ff.) 0 0
Minimum Lot Frontage (ft.) 100 0
Minimum Lot Coverage 50% 50%
Minimum Floor Area ( sq. ft.) N/A N/A
Perimeter Setback (ft.) N/A N/A
Front Setback (ft.) 10 25
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendments - Wallace Drive Overlay District
Page 3
Side Street Setback (ft.) 10 25
Side Interior Setback (ft.) 5 10
Rear Setback (ft.) 10 10
Height (ft.) 48 48
Minimum Development Area 1 Acre N/A
It is noted that the proposed Overlay District has been expanded beyond the
boundaries of the Redevelopment Area to include the contiguous LI (light Industrial)
zoned parcel to the south. Although the property is already developed, it is conforming
with respect to the proposed development standards for the Overlay District. Its
inclusion in the Overlay District will serve to unify the Light Industrial district in this area
under one set of development standards.
REQUIRED FINDINGS
LDR Section 2.4.5{M){5), Amendment to the Land Development ReRulations,
FindinRs: In addition to the provisions of Section '1.1.6(A), the City Commission
must make a finding that the text amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following is noted:
The Wallace Drive Redevelopment Plan was approved on first reading by the City
Commission December 9, 2003, as part of Comprehensive Plan Amendment 2003-2
with second reading scheduled for January 6, 2004. The Redevelopment Plan was
developed pursuant to Future Land Use Element Policy C-2.3, stated on page I of this
report. The Redevelopment Plan establishes Future Land Use Map Designations,
zonings, and recommends an Overlay District for the LI (Light Industrial) zoning district
within the Redevelopment Area. Comprehensive Plan Amendment 2003-2 includes
changes to Future Land Use Element Policy C-2.3 to acknowledge the adoption of the
Redevelopment Plan for the area, and to require that all future development be in
compliance with the adopted plan. The amended Policy is stated as follows:
Future Land Use Element Policy C-2.3: The following pertains to the Wallace Drive
Industrial Area:
The Wallace Drive Redevelopment Area is bordered by SW lOth Street on the north;
Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the
west. The area had developed under County jurisdiction into a mix of incompatible land
uses with limited public infrastructure and little or no code enforcement. The
Redevelopment Plan encourages the development of light industrial, limited commercial
and office uses in an urban setting. The Wallace Drive Industrial Area Redevelopment
Plan was adopted by City Commission on January 6, 2003. The Plan establishes
proposed land use designations for the Redevelopment Area. Future development must
be in accordance with the provisions of the Redevelopment Plan. Aggregation of
parcels is encouraged throughout the Redevelopment Area to accommodate unified
development.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendments - Wallace Drive Overlay District
Page 4
The proposed LDR Amendment is consistent with the recommendations in the Wallace
Drive Redevelopment Plan for creation of an Overlay District with special development
standards to promote redevelopment of the area. The proposed LDR amendment is
consistent with the current and proposed goals, objectives and policies of the
Comprehensive Plan.
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 homeowner's associations, which
have requested notice of developments in their areas:
· President's Council
· Progressive Residents of Delray (PROD)
· Delray Beach Heights HOA
· Southridge HOA
· Woods ofSouthridge HOA
Public Notice:
Formal notice has been provided to all property owners within the area subject to the
amendment. Letters of objection and support, if any, will be presented at the Planning
and Zoning Board meeting.
1. Continue with direction.
2. Recommend approval of the proposed amendment.
3. Recommend denial of the proposed amendment, in whole or in part.
Recommend to the City Commission, approval of the attached amendment to create
LDR Section 4.5.8, The Wallace Drive Overlay District, to define and establish an
Overlay District within a portion of the Wallace Drive Redevelopment Area and to
amend LDR Sections 4.4.26(F), Development Standards, and 4.4.26(H) Special District
Re.qulations, modifying the Development Standards for (LI) Light Industrial zoned
properties within said Overlay District, based upon positive findings with LDR Section
2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals,
Objectives, and Policies of the Comprehensive Plan.
Attachments: Proposed Ordinance & Location Map
\\carolina\departments~planning & zoning~boards~p&z board\wallace drive overlay district.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM # ~)12 - REGULAR MEETING OF FEBRUARY 3. 2004
ORDINANCE NO. 3-04 (AMENDING LAND DEVELOPMENT
REGULATIONS APPENDIX A "DEFINITIONS")
JANUARY 30, 2004
This is second reading and second public heating for Ordinance No. 3-04 mending the Land
Development Regulations Appendix A "Definitions" to amend the definition of adult entertainment
establishment to provide for the inclusion of Adult Novelty Stores and to provide a definition of
Adult Novelty Stores.
At the first reading on January 6, 2004, the Commission passed Ordinance No. 3-04.
Recommend approval of Ordinance No. 3-04 on second and final reading.
&\Ci~ Cle~\ag~nda memo~.Otd 34M.Adult Novel~ Stotes.0Z03.04
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAG~ /1~ /~. _'
JEFF.EY A. COSTELLO. ASS,STA.T PLA..,.G
MEETING OF JANUARY 6, 2004
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPENDIX A
"DEFINITIONS" TO AMEND THE DEFINITION OF ADULT ENTERTAINMENT
ESTABLISHMENT TO PROVIDE FOR THE INCLUSION OF ADULT NOVELTY
STORES AND TO PROVIDE A DEFINITION OF ADULT NOVELTY STORES.
This amendment is being processed to clarify the current definition of Adult Entertainment
Establishment. The amendment provides for the inclusion of adult novelty stores as adult entertainment
establishments and provides a definition of adult novelty stores.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. As noted previously, this amendment is being initiated more for "housekeeping"
purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further
the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
The Planning and Zoning Board held a public headng regarding this item at its meeting of December 15,
2003. There was a member of the public that had a concern that the ordinance only related to
businesses that are operated for commercial gain and did not include non-profit organizations. He also
had a concern with the definition of Adult Novelty Store where it states "specified sexual activities". After
discussing the amendment, the Board voted 5-0 (Krall and Pike absent) to recommend to the City
Commission approval of the proposed amendment to Appendix A "Definitions" to amend the definition of
Adult Entertainment Establishment and to provide a definition of Adult Novelty Stores, based upon
positive findings with LDR Section 2.4.5(M). The concerns raised have been discussed with the City
Attorney's office and no changes are proposed as the proposed ordinance is consistent with the Palm
Beach County ordinance, which defines "commercial gain" and "specified sexual activities".
By motion, approve on first reading the ordinance amending Land Development Regulations Appendix A
"Definitions" to amend the definition of Adult Entertainment Establishment and to provide a definition of
Adult Novelty Stores, based upon positive findings with LDR Section 2.4.5(M), and set a public hearing
date of February 3, 2004.
Attachment: Proposed Ordinance
ORDINANCE NO. 3-04
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 APPENDIX "A", BY
AMENDING THE DEFINITION OF "ADULT
ENTERTAINMENT ESTABLISHMENT" IN ORDER TO
PROVIDE FOR THE INCLUSION OF ADULT NOVELTY
STORES IN THE DEFINITION OF ADULT
ENTERTAINMENT ESTABLISHMENT AND ENACTING
A DEFINITION OF ADULT NOVELTY STORE;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
VcTIEREAS, 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 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
VII, Sections 2(b) and (5) of the Florida Constitution, and Chapter 166, Section 166.021 of the
Florida Statutes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DF.!.RAY BEACH, FLORIDA:
Section 1. That Appendix "A" be amended as follows:
ADULT ENTERTAINMENT ESTABLISHMENT: (A) Any adult arcade, adult
bookstore/adult video store, adult novelty store, or adult dancing establishment; or any
other establishment or bu(mess operated for commercial gain where any employee, operator
or owner engages in nudity or partial nudity including but not limited to: massage
establishments, whether or not licensed pursuant to Chapter 480, Florida Statutes, tanning
salons, modeling studios or lingerie studios. (B) Excluded from this definition are any
educational institutions where engaging in nudity or partial nudity is associated with a
curriculum or program. (C) An establishment that possesses an adult entertainment license
through Palm Beach County is presumed to be an Adult Entertainment Establishment.
ADULT NOVELTY STORE: An establishment which sells or offers instruments.
novelties, devices or paraphernalia which are des'~oned for use in connection with specified
sexual activities.
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 mediately upon its passage on
second and final reading.
of
PASSED AND ADOPTED in regnlar session on second and final reading on this __
~ 2004.
MAYOR
CITY CLERK
First Reading
Second Reading
2 ORD. NO. 3-04
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # IoIZ - REGULAR MEETING OF FEBRUARY 3, 2004
ORDINANCE NO. 6-04 (EMERGENCY MEDICAL TRANSPORTATION
FEES)
JANUARY 30, 2004
This ordinance is before Commission for second reading and public hearing to amend Chapter 96,
"Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of
the City Code to adjust the fee schedule for emergency medical transportation in accordance with the
National American Fee Schedule.
The following service changes or fees are levied for the provision of emergency transportation:
(1)
Advanced Life Support (ALS-l)
Transport fee
(2) Advanced Life Support (ALS-2) .e~,75.90 $495.00
Transport fee
(3) Skilled Care Transport fee .o.v.vve~n nn $595.00
(4)
Basic Life Support (BLS)
Transportation fee
$370
(5) Mileage fee
~7.Sg/=ilc $7.65/mile
All of the city emergency transport vehicles are Advanced Life Support units; therefore the Basic Life
Support Transportation fee was never used. This ordinance shall become effective as of February 1,
2004.
At the first reading on January 6, 2004, the Commission passed the Ordinance No. 6-04 unanimously.
Recommend approval of Ordinance No. 6-04 on second and final reading.
&\City Clerk\agenda memo~\Ord 64)4 02413414
ORDINANCE NO. 6-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DRI.RAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE
SAFETY AND EMERGENCY SERVICES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION
FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE
FOR EMERGENCY MEDICAL TRANSPORTATION IN
ACCORDANCE WITH THE NATIONAL AMERICAN FEE
SCHEDULE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, on January 17, 1995, the City Commission adopted Ordinance No. 5-
95, which enacted a new Section 96.66 of the City Code to provide for emergency medical
transportation fees; and
WHEREAS, in accordance with the implementation of the National Ambulance Fee
Schedule a new fee schedule is hereby established; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Tide IX, "General Regulations", Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection
96.66(A), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
The following service charges or fees are levied for the provision of
emergency medical transportation:
(1)
Advanced Life Support (ALS-l)
Transport fee
$390.00
(2) Advanced Life Support (ALS-2) $~75.00 $495.00
Transport fee
O) Skilled Care Transport fee .,o-~.~*e°n nn $595.00
(4)
Basic Life Support (BLS)
Transportation fee
$370.00
(5) Mileage fee ,, .... , ....$7.6$/rmle
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 as of February 1, 2004.
the
PASSED AND ADOPTED in regnlar session on second and final reading on this
day of ,2004.
ATI'I:~ST:
MAYOR
City Clerk
First Reading
SecondReading
-2- ORD. NO. 6-04
[ITY OF DELAI:IY BEI:I[H
FIRE DEPARTMENT SERVING DELRAY BEACH
MEMORANDUM
993
· GULFSTREAM ·
HIGHLAND BEACH
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Kerry B. Koen, Fire Chief
December 9, 2003
E.M.S. Tran~ort Fees
Emergency medical service transport fees covered by re-imbursement through
Medicare are being "standardized" on a National basis. Total implementation of a National
Ambulance Service Fee Schedule should be completed in 2006; Accordingly, we are
recommending fee adjustments that are consistent with the Medicare "presumed" fee
schedule and it is important that we keep our fees updated as we progress toward 2006.
The attached recommended adjustments reflect the overall area average.
We request that this item be placed on the 1't meeting in January agenda with an
effective date of February I, 2004, if approved bythe City Commission.
Fire Chief
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE * DELRAY BEACH, FLORIDA 33444
(561) 243-7400 · SUNCOM 928-7400 ,, FAX (561) 243-7461
Printed on Recycled Paper
Skilled
BLS ALS -1 Ernerg. ALS - L2 Care Trans. Mileage
AO429 A0427 A0433 A0434
Boynton Beach
$325.06 $400.~ $500.00 $600.00 $8.00
Boca Raton
$465.00 $465.00 $600.00 $625.00 $8.50
Palm Beach Co. $300.00 $340.00 $450.0G NA $7.5(~
Deerfleld Beach $400.00 $400.00 $480.00 NA $7.00
West Palm Beach $340.00 $340.50 $480.00 $580.00 $7.25
AVERAGE $366.00 $389.00 $502.00 $601.67 $7.65
Current Fees
IDelray Beach $325.00 $375.00 $475.00 $520.00 $7.501
RECOMMENDATEDFEES
IDelra¥ Beach $370.00 $390.00 $495.00 $595.00 $7.651
Change $45.00 $15.00 $20.00 $75.00 $0.15
Percentage change 13.85% 4.00% 4.21% 14.42% 2.00%
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM $$ ~} ~' - REGULAR MEETING OF FEBRUARY 3. 2004
ORDINANCE NO, 4-04 (AMENDING LAND DEVELOPMENT
REGULATIONS REGARDING "RESIDENTIAL AND NON-
RESIDENTIAL LICENSED SERVICE PROVIDER")
JANUARY 30, 2004
This is second reading for Ordinance No. 4-04 amending the l~,d Development Regulations
Appendix A "Definitions" repealing the definitions for Residential and Non-Residential Alcohol and
Drug Abuse Treatment Facility and enacting new definitions for Residential and Non-Residential
Licensed Service Provider and amending Sections 4.3.3(D), 4.4.6, 4.4.9, 4.4.13, 4.4.16, 4.4.17, 4.4.21,
4.4.24, and 4.6.9 to reflect the change in terminology.
In 2002, the Florida Legislature amended Chapter 397, Florida Statutes, regarding the regulation of
Substance Abuse Treatment Facilities, which became effective July 1, 2002. To conform to the State's
requirements, the Planning and Zoning Board, at its meeting of July 15, 2002, recommended to the
City Commission approval of an LDR amendment concerning Residential and Non-Residential
Alcohol and Drug Abuse Treatment Facilities. On August 20, 2002, the City Commission tabled the
ordinance at second reading due to concerns raised by the recovery community that the ordinance
was too broad and imposed regulations in addition to those imposed by State Statutes.
The culleut LDR amendment has been narrowed in scope. The proposed ordinance repeals the
definitions for "Residential and Non-Residential Licensed Service Provider", changes the reference
from "alcohol and drug abuse treatment facilities" to "Licensed Service Provider Facilities" to be
consistent with the terminology of such facilities in State Statutes.
On December 15, 2003, the planning and Zoning Board held a public hearing regarding this item.
There was a member of the public that had no objections to the amendment, but recommended some
grammatical changes to the ordinance. After discussion, the Bo~d voted 5-0 to recommend that the
request be approved, based upon positive findings with respect to LDR Section 2.4.5(M).
At fi~st reading on Jenuary 6, 2004, the Commission passed the Ordinance No. 404.
Recommend approval of Ordinance No. 4-04 on second and final reading.
S:\City Cle~\agenda mem0~\Otfl.4.04.0Z03.04
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGE~__~ ~
JEFFREY A. COSTELLO, ASSISTANT PLANNING D1EECTO/E~i~ '- -
L
MEETING OF JANUARY 6, 2004
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS LAND
DEVELOPMENT REGULATIONS REGARDING "RESIDENTIAL AND NON-
RESIDENTIAL LICENSED SERVICE PROVIDER.
In 2002, the Florida Legislature amended Chapter 397, Florida Statutes, regarding the regulation of
Substance Abuse Treatment Facilities, which became effective July 1, 2002. Thus, the City's Land
Development Regulations regarding treatment facilities must be amended to conform to the State's
requirements under Chapter 397, Florida Statutes. At its meeting of July 15, 2002, the Planning and
Zoning Board recommended to the City Commission approval of an LDR amendment concerning
Residential and Non-Residential Alcohol and Drug Abuse Treatment Facilities. On August 20, 2002,
the City Commission tabled the ordinance at second reading due to concerns raised by the recovery
community that the ordinance was too broad and imposed regulations in addition to those imposed by
State Statutes.
The current LDR amendment has been narrowed in scope. The proposed ordinance repeals the
definitions for "Residential and Non-residential Alcohol and Drug Abuse Treatment Facility" and enacts
new definitions for "Residential and Non-Residential Licensed Service Provider", changes the reference
from "alcohol and drug abuse treatment facilities" to "Licensed Service Provider Facilities" to be
consistent with the terminology of such facilities in State Statutes.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. As noted previously, this amendment is being initiated more for "housekeeping"
purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically
further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
The Planning and Zoning Board held a public headng regarding this item at its meeting of December
15, 2003. There was a member of the public that had no objections to the amendment, but
recommended some grammatical changes to the ordinance. After discussing the amendment, the
Board voted 5-0 (Krall and Pike absent) to recommend to the City Commission approval of the
proposed amendment to the Land Development Regulations regarding "Residential and Non-residential
Licensed Service Provider", based upon positive findings with LDR Section 2.4.5(M).
By motion, approve on first reading the ordinance amending the Land Development Regulations
regarding "Residential and Non-residential Licensed Service Provider", based upon positive findings
with LDR Section 2.4.5(M), and set a public hearing date of February 3, 2004.
Attachment: Proposed Ordinance
City Commission Documentation
Meeting of January 6, 2004
LDR Text Amendment - Residential and Non-residential Service Providers
Page 2
ORDINANCE NO, 4-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH AS FOLLOWS: AMENDING APPENDIX "A",
"DEFINITIONS", BY REPEALING THE DEFINITIONS OF
"RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT
FACILITY" AND "NON RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITY" AND ENACTING THE DEFINITIONS OF
"RESIDENTIAL LICENSED SERVICE PROVIDER FACILITY" AND
NON-RESIDENTIAL LICENSED SERVICE PROVIDER FACILITY" TO
CONFORM TO CHANGES IN FLORIDA STATUTES; AMENDING
SECTIONS 4.3.3(D), 4.4.6, 4.4.9, 4.4.13, 4.4.16, 4.4.17, 4.4.21, 4.4.24 AND
4.6.9 TO REFLECT THE CHANGE IN TERMINOLOGY FROM
"RESIDENTIAL AND NON-RESIDENTIAL ALCOHOL AND DRUG
ABUSE TREATMENT FACILITY" TO "RESIDENTIAL AND NON-
RESIDENTIAL LICENSED SERVICE PROVIDER FACILITY";
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that the legislature has mended Chapter 397, Florida
Statutes, regarding the regulation of residential and non-residential alcohol and drag abuse treatment facilities;
and
WHEREAS, the City Commission has determined that the City's Land Development Regulations
regarding residential and non-residential alcohol and drag abuse treatment facilities require amendment to
conform with the state's terminology of such facilities under Chapter 397, Florida Statutes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA AS FOLLOWS:
Section 1. That Appendix "A", "Definitions" of the Land Development Regulations of the Code of
Ordinances of the City of Delmy Beach, Florida, is hereby amended to read as follows:
"Residential A!cehc! and L~ag.^~'.v_vv .... ,r.~,-~_,..v_~_~.. _=~;':'-"'__....j Licensed Service Provider Facility"
Any facility which is or will be licensed by the State of Florida pursuant to Chapter 397, Florida Statutes,
as may be amended from time to time as a residential program.
"Non-residential A1~1~1 ~.~ L~.ag ^~- .... T ....... e~:n .... Licensed Service Provider
Facility" Any facility which is or will be licensed by the State of Florida pursuant to Chapter 397,
Florida Statutes, as may be amended from time to time, as a program other than a residential program.
Section 2. That Article 4.3, "District Regulations; General Provisions", Section 4.3.3, "Special
Requirements for Special Uses", of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach is hereby amended to read as follows:
(D) Residential and Non-residential P2c:~:! & L~ag Ab-'~c Fac~!iSe:. Licensed Service
Provider Facilities. Unless otherwise specified, the following provisions apply to Residential A!ze~:! an~
L~.:'g )~:::e TreaLan. ent Faz~!~t~e: Licensed Service Provider Facilities. Non-residential .Licensed Service
Provider Facilities A!::~:! an~ Drag Ab'.:'ae Treatment Faci!it~e: are considered medical offices for the
purposes of zoning classification and regulation.
City Commission Documentation
Meeting of January 6, 2004
LDR Text Amendment - Residential and Non-residential Service Providers
Page 3
"Residential Licensed Service Provider Facility" shall mean a service provider
or facility that provides a structured live-in environment within a non hospital
setting on a 24-hours-a-day, 7-days-a-week basis, and which includes:
(a)
Facilities that provide room and board and treatment and rehabilitation
within the primarg residential facility; and
Co)
Facilities that are used for room and board only and in which treatment
and rehabilitation activities are provided on a mandatory basis at
locations other than the primary residential facility. In this case,
facilities used for room and board and for treatment and rehabilitation are
operated under the auspices of the same provider, and licensing and
regulatory requirements would apply to both the residential facility and
all other facilities in which treatment and rehabilitation activities occur.
Floor Area:
(a)
Rooms: Minimum floor area for bedrooms and the minimum number of
bathrooms shall be governed by the Standard Housing Code.
CO)
Common Area: At least 10% of the total floor area shall be devoted to
a common area, exclusive of halls, corridors, stairs, and elevator shafts,
wherein a variety of recreational and therapeutic activities may occur.
Facilities and Requirements:
(a)
Individual rooms or suites shall, in no case, have kitchen facilities or
other such facilities available for the preparation of food.
Co)
Nothing in this subsection shall relieve any residential or non-residential
alC05C] C- ~ .... k .... _ ................. ~ hcensed serrate provider facility
from compliance with Chapters 397 of the Florida Statutes or any Palm
Beach County Rules and Regulations pertaining to alcohol or drug abuse
treatment facilities.
Appearance: Residential Alcc~c! "-n ~ .... ~' ........... f"~ .... ~:~g ~'~
!ccate~ in regi~evSa! ~[:~:t: Licensed Service Provider Facilities shall have
building elevations which are residential in character and similar in appearance to
the surrounding neighborhood. They shall not be institutional in appearance.
Licenses and Inspections:
(a)
Fire Inspections: Issuance of an occupational license shall be preceded
by an annual safety inspection; issuance of an occupational license shall
be contingent upon compliance with the recommendations of the City
Fire Marshal and the Chief Building Official.
Co)
State License: Applicants for a City occupational license shall submit a
copy of the entire State application form as submitted to the State, to the
Occupational License Administrator at the time of application for an
occupational license. Proof of licensure by the State shall be submitted
to the City within three months of issuance of the City occupational
license.
City Commission Documentation
Meeting of January 6, 2004
LDR Text Amendment - Residential and Non-residential Service Providers
Page 4
(c)
Annual License: Occupational licenses must be renewed annually, and
be only received upon provision of proof that the facility continues to be
licensed by the State and upon passing of City inspections.
~ ~.(.~. Location Restrictions and Special Regulations:
(a)
A residential alcckcl and __~ ....................... j hcensed senate
provider facility -~";~-""~ "~'~ ~-a a .... ~. .... ,.~,...~. Sca. liB,
shall not be located within 1,200 feet of another residential alcckcl cr
_._~, ...................... ~ hcensed sermce provider facility.
Neither a residential a!cckcl ann.. &ma abuse ~ea-trn. ent fac/liB' licensed
service provider facility nor a non-residential a!ge~c! mn~ ~mg abuse
~ licensed service provider facility shall be located
within 1,200 feet of any public or private elementary, middle or
secondary school.
Section 3. That Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density Residential
(RM) District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is
hereby amended as follows:
Section 4.4.6 Medium Density Residential (RM) District:
(D) Conditional Uses and Structures Allowed: The following are allowed as conditional
uses within the RM District.
(2) Residential Aloof. el ann-. L~-.ag Ab'.:'sc Trca.."...cnt Faci!i~es Licensed Service
Provider Facilities subject to restrictions set forth in Section 4.3.3(D).
Section 4. That Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC)
District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida,
is hereby amended as follows:
Section 4.4.9 General Commercial (GC) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay District
by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2).
(1) Residential Alcohc! an~ Drag A?ace Trca~%.ent Facilities Licensed Service
Providers subject to restrictions set forth in Section 4.3.3(D).
Section 5. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD)
District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby
amended as follows:
Section 4.4.13 Central Business (CBD) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CBD District.
(2) Residential A!eehz! c. nd Lkrab Ab"~c Treat~n.z..t Facilities Licensed Service
Provider Facilities subject to restrictions set forth in Section 4.3.3(1)).
City Commission Documentation
Meeting of January 6, 2004
LDR Text Amendment - Residential and Non-residential Service Providers
Page 5
Section 6. That Article 4.4, "Base Zoning District", Section 4.4.16, "Professional and Office (POD)
District", of the Land Development Regulations of the Code of Ordinances of the City of Delmy Beach is hereby
amended as follows:
Section 4.4.16 Professional and Office (POD) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the POD District:
(2) Residential AI:ckcl and ~r~.:.g P~"~e Trc.x..'a.~cnt F.~c~li~e: Licensed Service
Provider Facilities subject to restrictions set forth in Section 4.3.3(D).
Section7. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office (RO)
Dislrict", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended as
follows:
Section 4.4.17 Residential Office 010) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the RO District:
(2) Residential ^~^u~, .-.~ r~.~ ^~. .... a-_~.,.---, ~2~.;,;,4~. Licensed Service
Provider Facilities subject to restrictions set forth in Section 4.3.3(I)).
Section 8. That Article 4.4, "Base Zoning District", Section 4.4.21, "Community Facilities (CF)
District", of the Land Development Regulations of the Code of Ordinances of the City of Delmy Beach, Florida,
is hereby amended as follows:
Section 4.4.21 Community Facilities (CF) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CF District:
(1) Health Care, such as: adult congregate living; continuing care; homes for the
aged; nursing homes; residential alcohol ~nd ~mb v. bxz: ~caLa...~-.~t facilitie: Licensed Service Provider
Facilities subject to restrictions set forth in Section 4.3.3(D); hospitals, with or without helipads and
associated laboratories, treatment centers, rehabilitation centers, and testing facilities; and mental health
treatment facilities including residential care.
Section 9. That Article 4.4, "Base Zoning Dislricf', Section 4.4.24, "Old School Square Historic
Arts District (OSSHAD)", of the Land Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, is hereby amended as follows:
Section 4.4.24 Old School Square Historic Arts District (OSSHAD)
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the OSSHAD:
(4) Adult congregate living facilities, Residential Alc.~h:!-.~-~ r~.~._~, ..~^~' ....
Trca.*:..ent F.~:[?i=c Licensed Service Provider Facilities subject to restrictions set forth in Section
4.3.3(D), Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes.
Section 10. That Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking
Regulations" of the Land Development Regulations of the Code of ordinances of the City of Delray Beach,
Florida, is hereby amended as follows:
City Commission Documentation
Meeting of January 6, 2004
LDR Text Amendment - Residential and Non-residential Service Providers
Page 6
Section 4.6.9 Off-Street Parking Requirements:
(C) Number of Parking Spaces Required: The number of parking spaces required for new
buildings, new uses, additions, enlargements, or changes shall be determined by the following standards
for uses and categories of use and types of parking spaces.
(7) Other Uses:
(a) Abused Spouse Residence: One space per sleeping room plus one
space for each shift employee.
Co) ACLF.'S, Residential a*~'~*:~ ~-a r, .... a~. .... T.A~,--~--,
F.a:".~t".e: Licensed Service Provider Facilities, and Nursing Homes: Shall provide one space for each
four beds.
Section 11. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause 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 hereof other than the
part declared invalid.
Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 13. That this ordinance shall become effective upon its passage on second and final reading.
of
PASSED AND ADOPTED in regular session on second and final reading on this the
, 2003.
day
ATTEST:
MAYOR
City Clerk
FkstReading
Second Reading
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING, DIR%~,T'~R OF PLANNING AND ZONING~~"
JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRECT(~,/~
MEETING OF FEBRUARY 3, 2004
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION
4.4.17(B)(2) REGARDING DUPLEXES IN THE RO (RESIDENTIAL OFFICE) ZONING
DISTRICT
This amendment is to provide clarification to LDR Section 4.4.17(B)(2) of the RO (Residential Office)
zoning district, which states the following regarding duplexes:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the RO District as a permitted use:
(2) Duplex structures and dwelling units.
Recently, there has been some questions as to why "and dwelling units" is included in the description of
duplexes in the RO zoning district, and if it could be determined that it infers that multiple family
dwelling units (three or more dwelling units) are also permitted. Duplexes are currently listed in the RL
(Low Density Residential), RM (Medium Density Residential), PRD (Planned Residential Development)
as "Duplex structures."; while in the OSSHAD (Old School Square Historic Ads District) they are listed
as "Residential uses of single family detached dwellings and duplexes."
Ordinance No. 140-85, which created the RO (Residential Office) zoning district listed "Duplexes
structures, subject to Site and Development Plan Approval" as a permitted use. There were no
changes made to this language until October 1990, when the current language referenced above was
adopted as part of the Land Development Regulations. In 1990, the description was modified to
eliminate the approval process, as the approval process for uses in the RO district are listed in another
subsection. Based upon staff's research and City's records it is clear that when the language was
changed the intent was to only list duplex structures. At that time, there was no discussion with regard
to adding multiple family dwelling units to the RO zoning district. If multiple family dwellings (three or
more dwelling units) were permitted in the RO district, they would have been listed as a separate
subsection consistent with the manner in which other types of residential uses are listed in the LDRs.
In order to provide clarification and alleviate any confusion, "and dwelling units" should be deleted, and
Section 4.4.17(B)(2) modified as follows:
(2) Duplex structures. ""'~ '~""'";
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. As noted previously, this amendment is being initiated more for clarification
purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically
further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
P&Z Board Staff Report
LDR Amendment - Duplexes in the RO zoning district
Page 2
The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 26,
2004. There was no public testimony regarding the proposed amendment. After discussing the
amendment, the Board voted 6-0 (Sowards absent) to recommend to the City Commission approval of
the proposed amendment to the Land Development Regulations Section 4.4.17(B)(2) regarding
duplexes, based upon positive findings with LDR Section 2.4.5(M).
By motion, approve on first reading the ordinance amending the Land Development Regulations
Section 4.4.17(B)(2) regarding duplexes in the RO (Residential Office) zoning district based upon
positive findings with LDR Section 2.4.5(M), and set a public headng date of February 17, 2004.
Attachment: Proposed Ordinance
ORDINANCE NO. 9-04
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 4.4.17, "RESIDENTIAL
OFFICE (RO) DISTRICT", SUBSECTION 4.4.17(B),
"PRINCIPAL USES AND STRUCTURES
PERMITTED", BY AMENDING SUBSECTION (B)(2)
TO DELETE THE WORDS "AND DWELLING
UNITS"; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the proposed text amendment at a public hearing held on January
26, 2004, and voted 6 toO to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and
Zoning Board, sitting as the Local Planning Agency, has determined that the
change is consistent with and furthers the goals, objectives and policies of the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS
FOLLOWS:
Section 1. That Section 4.4.17, "Residential Office (RO) District",
Subsection 4.4.17(B), "Principal Uses and Structures Permitted", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
(B) Principal Uses and Structures Permitted: The following types of
use are allowed within the RO District as a permitted use:
(1) Single family detached dwelling units.
(2) Duplex structures
(3) Business and professional offices.
(4) Abused spouse residence limited to forty (40) or fewer residents.
(5) Funeral parlors, funeral homes.
(6) Parking lots not associated with a use, pursuant to an adopted
1
ORD. NO. 9-04
neighborhood or redevelopment plan.
(7) Group Home, Type I, pursuant to restrictions set forth in Section
4.3.3(1).
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 ,200
ATTEST M A Y O R
City Clerk
First Reading
Second Reading
2
ORD. NO. 9-04
TO:
THRU:
FROM:
SUBJECT:
DAvIpp~,,A~ /F~,~Cl~_A D , Cl Y MANAGER
PAUL~'DO~G,~I~ch'oR OF PLANNING AND ZONING
SCOTT PAPE, SENIOR PLANNER~c~
MEETING OF FEBRUARY 3, 2004
CONSIDERATION OF A PRIVATELY SPONSORED REZONING FROM POC
(PLANNED OFFICE CENTER) TO RM-9 (MULTIPLE FAMILY RESIDENTIAL -
MEDIUM DENSITY WITH A DENSITY SUFFIX OF 9 DWELLING UNITS PER
ACRE) FOR A 5.04 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF
WEST ATLANTIC AVENUE~ APPROXIMATELY 140' EAST OF WHATLEY
ROAD.
The subject property consists of Lots I and 2 of the Carlson/Black plat and contains 5.04
acres. The property is currently vacant.
At its meeting of July 14, 1999, the Site Plan Review and Appearance Board approved a site
plan for the subject property that included 76,314 square feet of medical and professional
offices. The offices were never constructed. At its meeting of January 7, 2004, the Site Plan
Review and Appearance Board approved the third of three site plan extensions, which
extended the expiration date to July 14, 2005. On September 5, 2003, the applicant
submitted an application to rezone the subject property to RM-11 (11 units per acre) in order
to develop a multiple family residential project.
The City Commission considered the first reading of the ordinance to rezone the subject
property to RM-11 at its meeting of January 6, 2004. The applicant requested that the
application be withdrawn without prejudice and the City Commission approved a waiver to
LDR Section 2.4.5(D)(6), which prohibits the City Commission from considering another
rezoning application for 6 months. The applicant has modified his rezoning request to refiect
RM-9 (9 dwelling units per acre). Additional background and analysis of this request is found
in the attached Planning and Zoning Board Staff Report.
A request to rezone the property to RM-9 is now before the City Commission for
consideration.
At its meeting of October 20, 2003, the Planning and Zoning Board held a public hearing in
conjunction with the RM-11 rezoning request. There was one person from the public that
spoke in support of the rezoning and two that expressed concerns. After reviewing the staff
report and discussing the proposal the Board concluded that the proposed density request of
11 units per acre was too intense given the future land use map designations and prevailing
development pattern of the surrounding area. The Board unanimously voted 4-0 (Jill
City Commission Documentation
Meeting of February 3, 2004
Rezoning for Atlantic Palms
Page 2
Woehlkens, Diane Borchardt and Joseph Pike absent) to recommend approval of a reduced
density of RM-8, based on positive findings with respect to 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 new request to rezone the property to RM-9 has not been considered by the Planning
and Zoning Board. While the Board's and staffs recommendations were to allow a maximum
density of 8 units per acre, the request for a maximum of 9 dwelling units per acre seems to
be a reasonable compromise based on the surrounding development pattern and densities.
By motion, approve on first reading the ordinance to rezone the subject property from POC
(Planned Office Center) to RM-9 (Multiple Family Residential - Medium Density with a
density suffix of 9 dwelling units per acre) based on positive findings with respect to LDR
Section 3.1.1 (Consistency), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR
Section 2.4.5(D)(5) (Rezoning Findings), and Goals, Objectives, and Policies of the
Comprehensive Plan.
Attachments: P & Z Staff Report of October 20, 2003 & Proposed Ordinance
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
---STAFF REPC RT---
October 20, 2003
IV. B.
Rezoning From POC (Planned Office Center) To RM-11 (Multiple Family
Residential-Medium Density With a Density Suffix of 11 Units Per Acre) For a 5.04
Acre Parcel of Land to be Known as Atlantic Palms (Quasi-Judicial Hearing).
GENERAL DATA:
Owner/Applicant ......................... B.C. Properties &
Investments, EEC.
Agent .......................................... Weiner & Aronson, P.A.
Location ...................................... Located on the south side of
West Atlantic Avenue,
approximately 130 feet east
of Whatley Road.
Property Size .............................. 5.04 Acres
Future Land Use Map ................ TRN (Transitional)
Current Zoning ............................ POC (Planned Office
Center)
Proposed Zoning ........................ RM-11 (Multiple Family
Residential - Medium
Density, 11 units / acre.)
Adjacent Zoning ................ North: POC (Planned Office
Center)
East: POC (Planned Office
Center) & A (Agriculture)
South: PRD (Planned Residential)
West: GC (General Commerdal) &
Unincorporated Palm Beach
County Enclave (Country
Club Acres Subdivision).
Existing Land Use ...................... Vacant
Proposed Land Use .................... Rezoning from POC (Planned
Office Center) to RM-11
(Multiple Family Residential-
Medium Density, 11 units /
acre) for a 5.04 acre parcel of
land.
Water Service ............................. Existing on site.
Sewer Service ............................. Existing on site.
W, A TL A N TI AVE.
IV. B.
The item before the Board is that of making a recommendation to the City
Commission on a privately sponsored rezoning from POC (Planned Office
Center) to RM-11 (Multiple Family Residential - Medium Density with a density
suffix of 11 units per acre) for Atlantic Palms, pursuant to LDR Section 2.4.5(D).
Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and
make a recommendation to the City Commission with respect to the rezoning of
any property within the City.
The subject property consists of Lots 1 and 2 of the Carlson/Black plat and
contains 5.04 acres. The property is located on the south side of West Atlantic
Avenue, approximately 140' east of Whatley Road.
On December 12, 1989, the subject property was annexed into the City and
assigned the POC (Planned Office Center) zoning designation.
At its meeting of July 14, 1999, the Site Plan Review and Appearance Board
approved a site plan for the subject property that consisted of 76,314 square feet
of medical and professional office. The offices were never constructed and the
site plan extension is set to expire on January 14, 2004.
The applicant has submitted a zoning distdct map change, which is now before
the Board for action.
The proposal is to change the zoning designation of the property from POC
(Planned Office Center) to RM-11 (Multiple Family Residential - Medium Density
with a density suffix of 11 units per acre). The appl~ant has indicated that
proposed rezoning is requested in anticipation of future development of the
property as a multiple family residential project.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
P & Z Board Staff Report
Rezoning from POC to RM-11 for Atlantic Palms
Page 2
application. These findings relate to the Future Land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the
Land Development Regulations.
FUTURE LAND USE MAP: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said
zoning must be consistent with the applicable land use designation as
shown on the Future Land Use Map.
The subject property has a TRN (Transitional) Future Land Use Map designation
and is currently zoned POC (Planned Office Center). The proposed RM-11
(Multiple Family Residential - Medium Density) designation is consistent with the
TRN Future Land Use Map designation. Pursuant to the LDR Section
4.4.6(B)(3), multiple family structures with a base density of 6 units and a
maximum density of 12 units per acre subject to performance standards are
allowed as a permitted use in the RM zoning district. The density for a specific
RM development may be further limited by a numerical suffix affixed to the
designation and shown on the zoning map (i.e. RM-8 limits the density to eight
units per acre). The provision of the suffix of 11 does not imply that 11 units per
acre will be approved on this site. Any approval over 6 units per acre will require
compliance with Performance Standards. The 11 unit per acre suffix will,
however, represent the upper density cap. Based upon the above, a positive
finding can be made with respect to consistency with the land use map
designation.
Concurrency: Concurrency as defined pursuant to Objective B-2 of the
Future Land Use Element of the Comprehensive Plan must be met and a
determination made that the public facility needs of the requested land use
and/or development application will not exceed the ability of the City to
fund and provide, or to require the provision of, needed capital
improvements in order to maintain the Levels of Service Standards
established in Table CI-GOP-1 of the adopted Comprehensive Plan of the
City of Delray Beach.
Water & Sewer:
Water service is available via service lateral connection to the existing 8"
water main along West Atlantic Avenue. Adequacy of fire suppression will
be evaluated during the site plan review process.
Sewer service is available via service lateral connection to the existing 8"
main along West Atlantic Avenue.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment
Plant for the City at build-out. Based upon the above, positive findings can be
made with respect to this level of service standard.
P & Z Board Staff Report
Rezoning from POC to RM-11 for Atlantic Palms
Page 3
Drainage:
With a rezoning request drainage plans are not required. The storm water
retention will be reviewed dudng the site plan application process. There are no
problems anticipated with retaining drainage on site and obtaining a South
Florida Water Management District permit.
Traffic:
The applicant has submitted a trip generation comparison based on the approved
medical/professional offices and 54 townhomes. This analysis indicates that the
proposed rezoning and development of townhomes at 11 dwelling units per acre
will result in a reduction of 96 am peak hour trips and 98 pm peak hour trips and
a reduction of 855 average daily trips.
Parks and Recreation:
The applicant will be responsible for the City's Parks and Recreation
requirements during the site plan review process. Based on the 11 units per
acre, the subject property has a development potential of 55 dwelling units (5.01
acres x 11 du/ac = 55 units) under the proposed RM-11 zoning designation.
Consequently, the applicant would be required to pay a recreational impact fee of
$27,500 (55 x $500 = $27,500) for City parks and recreation if the property were
developed to its maximum potential.
Solid Waste:
The development of the property under the RM-11 zone distdct should not create
an adverse impact on this level of service standard. The approved master plan
for the subject property containing 76,314 square feet of office area would have
generated 206 tons of waste per year. The 55 unit multiple family development
would generate 28.6 tons per year, a net reduction of 177.4 tons per year.
School Concurrency:
The consideration for school concurrency needs to be addressed dudng the
rezoning application. The applicant has not submitted the required forms for
consideration by the Palm Beach County School Board. Therefore, a condition
of approval is attached that the applicant provide a positive finding from the
School Board prior to approval by the City Commission.
Consistency: A finding of overall consistency may be made even though
the action will be in conflict with some individual performance standards
contained within Article 3.2, provided that the approving body specifically
finds that the beneficial aspects of the proposed project (hence compliance
with some standards) outweighs the negative impacts of identified points
of conflict.
P & Z Board Staff Report
Rezoning from POC to RM-11 for Atlantic Palms
Page 4
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-1 - Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate
in terms of soil, topographic, and other applicable physical considerations,
is complementary to adjacent land uses, and fulfills remaining land use
needs.
The intensity of a residential development would generally be less than a
commercial development under the current zoning requirements.
Housing Element Policy A-3.2 - The most restrictive residential zoning
district that is applicable given existing development patterns and typical
lot sizes shall be applied to these neighborhoods and affixed to the zoning
map. Requests for rezonings to a different zoning designation, other than
Community Facilities, Open Space, Open Space and Recreation, or
Conservation shall be denied.
This policy relates to areas which are designated stable residential on the
Residential Neighborhood Categorization Map (including this site). There is a
concem with respect to the compatibility of the rezoning request with the existing
development pattems. The following table identifies the neighboring residential
developments and their respective densities:
Development Type Density
County Club Acres Single Family 3.5 du/ac
Highland Trailer Park Mobile Home 10.5 du/ac
Sunset Pines Condominium 8.53 du/ac
Legacy at Sherwood Forest Multiple Family7.93 du/ac
Sherwood Forest Single Family ~4.45 du/ac
The table indicates that the surrounding single family development are less than
4.5 dwelling units per acre. The two multiple family developments have a density
less than 8.53 dwelling units per acre. Based on this development pattern, the
11 multiple family dwelling units per acre zoning proposed by the applicant is in
appropriate. The Legacy at Sherwood Forest development is the most recently
approved multiple family project which has a density of less than 8 dwelling units
per acre. Therefore, a rezoning of the subject property with a maximum density
cap of 8 (RM-8) would be more consistent with Housing Element Policy ^-3.2 as
it would be more consistent with the development pattem in the area.
Future Land Use Element Policy A-1.5 - As the City has an ample supply of
housing designed to accommodate its seasonal and retirement population,
P & Z Board Staff Report
Rezoning from POC to RM-11 for Atlantic Palms
Page 5
new residential developments shall be designed for a balanced
demographic mix of permanent year-round residents. This shall be
accomplished through the implementation of policies from Objective B-2 of
the housing element.
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
developments located in the downtown area, and for infill projects having
fewer than 25 units.
The implementation of these two policies will be addressed during the site plan
review process.
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:
The most restrictive residential zoning district that is applicable
given existing 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 proposed to be rezoned from POC to RM-11. The
surrounding area is designated as stable or stabilization neighborhoods.
Therefore, based on the analysis previously mentioned under Housing
Element Policy A-3.2, the RM-8 classification is more appropriate given
the existing residential pattem.
(D)
That the rezoning shall result in allowing Tand 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 rezoning of the subject property to RM-8 would result in a designation
that is compatible with the existing residential developments in the area.
However, the rezoning of the property with a greater density as requested
by the applicant would result in an incompatibility with the existing
residential development pattern of the area.
P & Z Board Staff Report
Rezoning from POC to RM-11 for Atlantic Palms
Page 6
The following zoning designations and uses border the property:
Direction Zoninq Uses
North
South
East
West
POC Vacant
PRD Sherwood Forrest
PC & Ag. Bank and Nursery
GC & Palm Beach County Retail & Single Family
As noted previously, the proposed RM-11 would result in a development
potential that is more intense than the neighboring single family' and
multiple family developments. The rezoning of the property to RM-8 would
be the maximum density cap to retain consistency with the development
pattern. This would also provide 'an appropriate transition of density
between commercial uses and the adjacent single family neighborhoods.
Section 2.4.5(D)(5) (Rezonin.q 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:
That the zoning had previously been changed, or was originally
established, in error;
be
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 applicant has submitted a justification statement for-the proposed rezoning.
The full narrative is provided as Exhibit "A." The following are excerpts from that
narrative:
"Pursuant to Section 2.4.5(D)(2), the valid reasons for approving the
rezoning are that there has been a change in circumstance which makes
the current zoning inappropriate and that the requested zoning is of similar
intensity as allowed under the Future Land Use Map which is more
appropriate for the property based upon circumstances particular to the
site and/er neighborhood.
The area has seen a shift to residential zoning as evidenced by the
Legacy at She/wood Forest to the east of the property and the rezoning to
P & Z Board Staff Report
Rezoning from POC to RM-11 for Atlantic Palms
Page 7
the west for Coconut Key to a zoning designation of RM-8. The property
is bordered to the west by Country Club Acres which is a future
annexation area consisting of single family homes.
...The RM designation is more appropriate than the POC designation in
this area. This is evidenced by the fact that although our client obtained
site plan approval for an office building, our client was unable to market
the office use to the commercial community. The change in
circumstances of the neighborhood makes the current zoning
inapprop#ate.
The rezoning to RM-11 is also supported by the following Policies and
Objectives of the Comprehensive Plan of the City of De/ray Beach:
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.
The property is surrounded by similar residential density subdivisions and
thus would be consistent with and complimentary to adjacent
developments.
Objective A-l: 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.
The development of the property will be complementary to adjacent land
uses as discussed in the above policy. The product type will be affordable
and fulfills a remaining land use need.'
Comment: The basis for which the rezoning is being sought most closely relates
to Items "b" and "c". There has been a change in circumstances which makes
the current zoning inappropriate. It appears that the demand for new office
space in Delray Beach has diminished, while the demand for residential has
increased. While the stock of land zoned for office use will be reduced, there
should be sufficient opportunities available elsewhere in the City particularly in-fill
developments within existing commercial areas such as Congress Park. As
noted previously RM-11 zoning designation proposed by the applicant would be
more intense than the surrounding residential neighborhoods. Therefore, staff is
recommending approval of the zoning change to RM-8. This would assure that
future developers of the property are aware that development of between 6 and 8
units per acre would be the density considered consistent with the prevailing
P & Z Board Staff Report
Rezoning from POC to RM-11 for Atlantic Palms
Page 8
residential development pattern and would be more appropriate given applicable
Comprehensive Plan Policies.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the development proposal.
This is an application for rezoning and therefore a development proposal is not
being considered at this time. Therefore, there is no analysis with respect to the
City's Land Development Regulations.
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency, DDA (Downtown Development Authority)
and HPB (Historic Preservation Board).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
r~ PROD
[] Sherwood Forest HOA
[] Hamlet HOA
[] Sunset Pines
[3 Hanover Square
[] Windy Creek
[] Highland Park
[3 Greensward Village
[] High Point 5
[] High Point 6
[] High Point 7
[] Beach Properties Assoc.
[3 Via Marina HOA
[3 Manor House
[] 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 rezoning from POC (Planned Office Center) to RM-11 (Multiple Family
Residential - Medium Density with a density suffix of 11 dwelling units per acre)
is not consistent with the Comprehensive Plan policy, Housing Element Policy A-
3.2 nor LDR Section 3.2.2 (A) & (D) and LDR Section 2.4.5(D)(5). Therefore,
positive findings cannot be made with respect to LDR Section 2.4.5(D)(5)
(Rezoning Findings), LDR Section 3.2.2 (A) & (D), nor the Comprehensive Plan
P & Z Board Staff Report'
Rezoning from POC to RM-11 for Atlantic Palms
Page 9
policies as proposed. The rezoning of the property to multiple family residential
is not inherently at odds with the development pattern of the neighborhood. Such
a rezoning would provide a transition between more intense uses such as
adjacent commemial and West Atlantic Avenue and the single family
neighborhoods to the south and west. However, the development pattern of this
area (approximately 8 du/ac or less) does not provide the required justification for
allowing the proposed 11 dwelling units per acre.
C=
Continue with direction.
Recommend approval of the rezoning request from POC to RM-8 for
Atlantic Palms, based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies
of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Recommend approval of the rezoning request from POC to RM~I 1 for
Atlantic Palms, based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies
of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Recommend denial of the rezoning request from POC to RM-11 for
Atlantic Palms, based upon a failure to make positive findings with
respect to LDR Section 2.4.5(D)(5), that the rezoning does not fulfill one of
the reasons for which a rezoning should be sought.
By motion:
Recommend to the City Commission approval of the rezoning from POC to RM*8
for Atlantic Palms, based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2o4.5(D)(5), subject to submittal of a
positive finding of concurrency from the Palm Beach County School Board prior
to approval by the City Commission.
Attachments:
[3 Exhibit "A"- Project Narrative
Q Location/Zoning Map
[3 Boundary Survey
Prepared by: Scott Pape, Senior Planner
EXHIBIT A
Pursuant to Section 2.4.5(D)(2), the valid reasons for approving the rezoning are that there
has been a change in circumstance which makes the current zoning inappropriate and that
the requested zoning is of similar intensity as allowed under the Future Land Use Map which
is more appropriate for the property based upon circumstances particular to the site and/or
neighborhood.
The area has seen a shift to residential zoning as evidenced by the Legacy at Sherwood
Forest to the east of the property and the rezoning to the west for Coconut Key to a zoning
designation of RM-8. The property is bordered to the west by Country Club Acres which is a
future annexation area consisting of single family homes.
The requested zoning of RM-11 does not require a Future Land Use Amendment as RM is
a corresponding zoning designation with the transitional land use designation as provided in
Table L-7 of the City of Delray Beach Land Development Regulations. The RM designation
is more appropriate than the POC designation in this area. This is evidenced bythe fact that
although our client obtained site plan approval foran office building, our client was unable to
market the office use to the commercial community. The change in circumstances of the
neighborhood makes the current zoning inappropriate.
Pursuant to LDR Section 4.4.6 (A), the RM District provides a residential zoning district with
flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units
per acre. We are requesting a rezoning to RM-11. The actual density of a particular RM
development is based upon its ability to achieve certain performance standards which are
intended to mitigate the impacts of the increased density and ensure that the project is
compatible with surrounding land uses. In support of this request, we are submitting copies
of the site plan and other items which are customarily provided along with the site plan
application to show you the supedor product that our client intends to develop on this property.
The project meets and exceeds the Performance Standards dictated by LDR Section 4.4.6(I).
The development substantially complies with the performance standards listed in this section
and mitigates the impacts of the additional density both internal and external to the site. The
performance standards and a discussion of how they are met are as follows:
(a) The traffic circulation system is designed to control speed and reduce volumes on the
interior and exterior street network. This can be accomplished through the use of traffic
calming devices; street networks consisting of loops and shod segments; multiple entrances
and exits into the development; and similar measures that are intended to minimize through
traffic and keep speeds within the development at or below 20 m.p.h.
The traffic circulation system is designed to control speed by the use of traffic
calmed paver areas located at the entrance, community pool and tot lot. The
road width is 20', a width designed to encourage safer slower speeds through
out the development. The relative short segments of straight runs will reinforce
safe Iow speeds.
(b) Buildings are placed throughout the development in a mannerthat reduces the overall
massing, and provides a feeling of open space.
Providing a generous amount of space between each building reduces the
overall massing of the buildings.
(c) Where immediately adjacent to residential zoning districts having a lower density,
building setbacks and landscape materials along those adjacent propertylines are increased
beyond the required minimums in order to provide a meaningful buffer to those lower density
areas. Building setbacks are increased by at least 25% of the required minimum; at least one
tree per 30 linear feet (or fraction thereof)is provided; trees exceed the required height at time
of planting by25% or more; and a hedge, wall or fence is provided as a visual buffer'between
the properties.
The building setbacks along single-family zoning have been increased by more
than 25% of the minimum required by providing a 25'-2" setback where the
minimum required is 15'-0". Landscape along this increased set back will
exceed the required height at time of planting. The landscape buffer will exceed
the minimum code requirement.
(d) The development offers a varied streetscape and building design. For example,
setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the
planes of the facades are offset to add interest and distinguish individual units). Building
elevations incorporate diversity in window and door shapes and locations; features such as
balconies, arches, porches, courtyards; and design elements such as shutters, window
mullions, quoins, decorative tiles, etc.
The development offers a vaded streetscape and building design by:
2.
3.
4.
5.
6.
7.
Staggering setbacks between units;
Varying roof heights;
Alternating the use of hip, gable and shed roofs;
Altemating the use of single and double garage doors;
Alternating the use of decorative wood s~hutters;
Alternating the use of balconies;
Altemating the use decorative amhes, stucco base and stucco
sills; and
Altemating the use of outlookers and decorative wood brackets.
(e) A number of different unit types, sizes and floor plans are available within the
development in order to accommodate households of various ages and sizes. Multi-family
housing will at a minimum have a mix of one, two and three bedroom units with varying floor
plans. Single family housing (attached and detached) will at a minimum offer a mix of three
and four bedroom units with varying floor plans.
Exhibit "B" - Page 2
Throe differont unit types, sizes and floor plans aro available within the
development. The units aro available with two, three and four bedrooms. The
two bedroom units offer a single car garage. The three bedroom units aro end
units, which offer a two-car garage. The four-bedroom unit also includes a two-
car garage and it is a 3-story unit with a loft area upstairs. In addition, an
optional 5th bedroom will be offered in the 3-story unit. The variety of unit size
and floor plans will encourage households of various ages and sizes.
(f) The development is designed to preserve and enhance existing natural aroas and/or
water bodies. Where no such areas exist, new areas, which provide open space and native
habitat, are croated and incorporated into the project.
There aro not any existing natural areas within the site. However, a new
77'x131' natural preserve aroa is provided at the south west corner of this
project. The 131' length of the preserve is adjacent to the single family zoned
district to the west, and the Sherwood Forest subdivision to the South.
Additional natural landscape will be provided in the open spaces through out
the development.
(g) The project provides a convenient and extensive bicycle/pedestrian network, and
access to available transit.
The project includes a complete network of pedestrian sidewalks along the
street in front of each building. The sidewalks continue to Atlantic Avenue on
both sides of the development entrance. The sidewalk leads to the recreation
areas within the development, which include a pool, a tot lot, and a beach
volleyball court.
The rezoning to RM-11 is also supported by the following Policies and Objectives of the
Comprohensive Plan of the City of Delray Beach:
Future Land Use Element:
Policy A-2.3: Development of remaining vacant properties shall occur in a
manner, which is consistent with and complementaryto adjacent development
regardless of zoning designations.
The property is surrounded by similar residential density subdivisions and thus would be
consistent with and complimentary to adjacent developments.
Objective A-1: 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.
Exhibit "B" - Page 3
The development of the property will be complementaryto adjacent land uses as discussed
in the above policy. The product type will be affordable and fulfills a remaining land use need.
Housing Element:
Objective B-2: Redevelopment and the development of new land shall result in
the provision of a vadety of housing types which shall continue to accommodate
the diverse makeup of the City's demographic profile, and meet the housing
needs identified in this Element. Policies that will implement this objective
include:
Policy B-2.2 - The development of new adult odented communities within tl~e
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.
Policy B-2.3 - New housing developments shall inclu~le a range of housing
types that offer vadety in size, color, and style.
The project is not geared as an adult oriented community. The housing development is
designed to accommodate families with children. This is accomplished by providing a
townhouse product with a garage, large room sizes and several floor plans that could appeal
to different age groups and household sizes.
O:~TJ~RL003~xhibit ELwpd
Exhibit "B" - Page 4
-- LEGEND --- ~
ATLANTIC
PALMS
- REZONING -
FROM: POC (PLANNED
OFFICE CENTER)
TO~: RM- 11 (MULTIPLE
FAMILY RESIDENTIAL,
MEDIUM DENSITY- 11
UNITS / ACRE)
AD~)RESS: N/^
S
ORDINANCE NO. 10-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, KEZONING AND PLACING LAND
PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT
TO RM-9 (MEDIUM DENSITY RESIDENTIAL-9 DWELLING UNITS
PER ACRE) DISTRICT; SAID LAND BEING A PARCEL OF LAND
LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE,
APPROXIMATELY 140 FEET EAST OF WHATLEY ROAD, 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, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April, 2003, as being zoned POC (Planned Office Center)
District; and
WHEREAS, at its meeting of October 20, 2003, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to
0, to recommend that the property hereinafter described be rezoned to RM-8 (Medium Density
Residential -8 dwelling units per acre), based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delmy Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of RM-9 (Medium Density Residential - 9
dwelling units per acre) District for the following described property:
Lot 1 and Lot 2, Carlson/Black Plat, recorded in Plat Book 93, Pages 58 and 59 of the Public
Records of Palm Beach County, Florida.
Section 2. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the __
day of · 200__.
ATTEST M A Y O R
City Clerk
First Reading
Second Reading_
2 ORD NO. 10-04
TO:
THRU:
FROM:
SUBJECT:
DAV, D '
PAUL DORL'" , D OT%" F A"D
MEETING OF FEBRUARY 3, 2004
AMENDMENT TO THE ~D DEVELOPMENT REGU~TIONS ENACTING A NEW
SUBSECTION 2.4.3(K)(6), "DELRAY BEACH FIRE-RESCUE DEPARTMENT FEES".
The City's Fire Department reviews plans for many different types of construction and renovations and
performs inspections of structures at the requests of other parties. In order to recover some of the
Fire Department's expense and time in reviewing plans and making these inspections it is in the
public's interest to charge for some of these services. Therefore, the request is to amend the Land
Development Regulations to include Fire Department plan review fees.
The City's Community Improvement Department reviewed Fire Department plan review fees which
are currently charged by Palm Beach County as well as several municipalities within Palm Beach
County having similar populations as the City. The proposed fee formula is based on project value,
which is consistent with the methodology used by Boynton Beach, Jupiter, Palm Beach Gardens and
Palm Beach County. Some City's base their fees on square footage of a project and assign a cost
per square feet. The fees are comparable whether they are based upon project value or cost per
square feet. The proposed fee schedule is the same as those currently charged by Palm Beach
County.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and
Policies of the Comprehensive Plan, it is not inconsistent with them.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 26,
2004. There was no public testimony regarding the proposed amendment. After discussing the
amendment, the Board voted 6-0 (Sowards absent) to recommend to the City Commission approval
of the proposed amendment to the Land Development Regulations enacting Subsection 2.4.3(K)(6)
regarding Delray Beach Fire-Rescue Department Fees, based upon positive findings with respect to
LDR Section 2.4.5(M).
By motion, approve on first reading the ordinance amending the Land Development Regulations
enacting Subsection 2.4.3(K)(6) regarding Delray Beach Fire-Rescue Department Fees, based upon
positive findings with LDR Section 2.4.5(M), and set a public hearing date of February 17, 2004.
Attachment: Proposed Ordinance
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Delray Beach Fire-Rescue Department Fees
Page 2
ORDINANCE NO.8-04
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 2.4.3,
"SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES", OF THE
LAND DEVELOPMENT REGULATIONS BY ENACTING A NEW SUBSECTION
2.4.3(K)(6), "DELRAY BEACH FIRE-RESCUE DEPARTMENT FEES", TO
PROVIDE FOR DEVELOPMENT REVIEW FEES BY THE FIRE
DEPARTMENT; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING FOR THE RENUMBERING,
RELETTERING AND INCLUSION IN THE LAND DEVELOPMENT
REGULATIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Fire Department reviews plans for many different types of construction
and renovation and performs inspections of structures at the requests of other parties; and
WHEREAS, in order to recover some of the Fire Department's expense and time in
reviewing plans and making these inspections it is in the public's interest to charge for some
of these services.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on January 26, 2004,
and voted 6 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and
Zoning Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(K),
"Fees", of the Land Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended by the enactment of a new Subsection
2.4.3(K)(6), "Delray Beach Fire-Rescue Department Fees", to read as follows:
(6) Delra¥ Beach Fire-Rescue Department Fees:
(a) The following formula, which is based on the valuation of the proposed
work, shall be used to determine plans review fees.
$0.00 up to $25,000.00
Charge 0.5% total valuation of work. With a
minimum of $20.00. (This works out to $5.00
per thousand dollars of value,)
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Delray Beach Fire-Rescue Department Fees
Page 3
$25,001.00 to $100,000.00
Charge $125.00 for the first $25,000.00 and
then charge 0.25% of the balance of the
value. (This works out to be $2.50 per
thousand dollars value for the balance.)
$100,001.00 to $500.000.00
Charge $312.50 for the first $100,000.00 and
then charge 0.125% of the balance of value.
(This works out to be $1.25 per thousand
dollars of the value for the balance.)
$500,001.00 to $1,000,000.00
Charge $812.50 for the first $500,000.00 and
then charge 0.0625% of the balance of the
value. (This works out to be $0.625 per
thousand dollars of value for the balance.)
$1,000,000.01 and up
Charge $1,138.50 for the first million and then
charge 0.03125% of the balance of the value.
(This works out to be $0.3125 per thousand
dollars of value for the balance.)
(b)
Set forth below are examples of valuations and estimated correlating
fees.
ESTIMATED VALUATION PLAN REVIEW FEES
$4,000.00 and under $20.00
100,000.00 312.50
200,000.00 437.50
300,000.00 562.50
400,000.00 687.50
500,000.00 812.50
600,000.00 875.00
700,000.00 937.50
800,000.00 1,000.00
900,000.00 1062.50
1,000,000.00 1125.00
1,100,000.00 1169.75
1,200,000.00 1201.00
(c) Design Review. A fee of fifty ($50.00) dollars will be charged for design
review of drawings or specifications. This amount shall not be refunded.
(d) Civil Drawings. A fee of twenty-five ($25.00) dollars will be charged for
the plans review of all civil drawings.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Delray Beach Fire-Rescue Department Fees
Page 4
(e) Plan Revisions. The following fees shall apply to the various revisions
and related services:
1) Pre-Permit Minor Revision:
No charge.
2) Pre-Permit Major Revision:
10% of the original fee.
3) Post-Permit Revision:
$5.00 per page, with a minimum fee of
$20.00, except when value increases (then
see schedule).
4) Restamp:
$2.50 per page with a minimum fee of $10.00
5) Invalid Permits:
30% of the original fee. If construction has
commenced, payment of a fee for tl'ie
remaining construction is based on the
original schedule.
(0 Water Flow Tests. A fee of seventy-five ($75.00) dollars shall be paid for
all flow tests performed by Delray Beach Fire-Rescue on wet hydrants.
(g) Fire Watch. A fee equal to the overtime cost incurred by Delray Beach
Fire-Rescue shall be paid for any Fire Watch (as defined by the Florida Fire Prevention
Code) required by the Florida Fire Prevention Code or by the Fire-Rescue Department.
(h) Fire Department Survey (Water Supply). There shall be a twenty-five
($25.00) dollar charge for any survey conducted by Delray Beach Fire-Rescue to establish
the adequacy of water supply, distance to closest fire station, and/or any other pertinent
insurance information.
(i) Permits for fire-relat~d operations. There shall be a twenty-five ($25.00)
dollar permit charge for hazardous eperations included in section 1-16.16 of the Florida Fire
Prevention Code, and identified by Delray Beach Fire-Rescue as requiring a permit.
Section 2. That should any section or prevision 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. The provision of this ordinance shall become and be made a part of the
Land Development Regulations of the City of Delray Beach, Florida. The Sections of the
ordinance may be renumbered or relettered to accomplish such, and the word "ordinance"
may be changed to "section", "article", or any other appropriate word.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Delray Beach Fire-Rescue Department Fees
Page 5
Section 5. That this ordinance shall become effective upon its adoption on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 200_.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
[ITY I)F DELRrlY BEACH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE:
January 23,2004
MEMORANDUM
Wdter's Direct Line: 561/243-7091
TO:
FROM:
Ci~Commission
Bdan Shutt, Assistant City Attorney
SUBJECT: Adoption of the Florida Fire Prevention Code
Florida Statutes have provided for the minimum fire code that must be followed by
all local governments. However, local governments are allowed to enact more
stringent requirements. The attached ordinance provides for the adoption of the
Florida Fire Prevention Code, along with some amendments to the code (providing
for more stringent requirements), as the minimum fire safety code for the City.
The ordinance also provides for the enforcement of the code as well as granting
authority to the fire department to take certain actions if there is an immediate
hazard to persons or property.
By copy of this memo to David Harden, our office requests that this item be placed
on the February 3, 2004 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, C;-,ty Manager
Barbara Garito, City Clerk
Kerry Koen, Fire Chief
Bill Adams, Asst. Fire Chief
ORDINANCE NO. 11-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY
BEACH CODE ENFORCEMENT", BY AMENDING SECTION 37.45,
"SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", TO
PROVIDE FOR ENFORCEMENT OF THESE REGULATIONS;
AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY
SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY ENACTING SECTION 96.09, "PROCESSES
DEEMED HAZARDOUS TO LIFE AND PROPERTY", TO PROVIDE
THAT CERTAIN FIRE OFFICIALS MAY ORDER THE IMMEDIATE
CESSATION OF AN ACTIVITY THAT IS HAZARDOUS TO LIFE AND
PROPERTY; ENACTING SECTION 96.10, "EVACUATION OF
OCCUPIED BUILDINGS OR STRUCTURES", TO PROVIDE THAT
CERTAIN FIRE OFFICIALS MAY ORDER THE EVACUATION OF
OCCUPIED BUILDINGS; REPEALING SECTION 96.16, "CERTAIN
CODES ADOPTED BY REFERENCE", AND ENACTING A NEW
SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY
ADOPTING STATE LAW AS WELL AS OTHER CODE SECTIONS;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, the City follows certain National Fire Protection Association codes
in relation to minimum fire safety standards and the Florida Fire Prevention Code; and
WHEREAS, Florida Statute Chapter 633 provides for a uniform fire safety
standard and code to be followed by all local governments; and
WHEREAS, the City wishes to modify certain portions of its code to provide
greater safety standards for the public; and
WHEREAS, the City Commission deems it to be in the public interest to adopt
State Law, as it may be amended, as well as other amendments to the Fire Prevention
Code as it relates to minimum fire safety standards and the Florida Fire Prevention
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 37, "Delray Beach Code Enforcement", Section
37.45, "Supplemental Code Enforcement Procedures", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Sec. 37.45. SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES.
(A) The provisions of this section are additional and supplemental means of
enforcing the City's ordinances and may be used for the enforcement of any non-
criminal ordinance, or for the enforcement of all non-criminal ordinances. Nothing
contained in this section shall prohibit the City from enforcing its codes or ordinances by
any other means.
(B) A Code Enforcement Officer and/or Fire Safety Inspector is authorized to
issue a citation to a person when, based upon personal investigation, the
officer/inspector has reasonable cause to believe that the person has committed a civil
infraction in violation of a duly enacted code or ordinance and that the County Court will
hear the charge.
(C) Prior to issuing a citation, a Code Enforcement Officer and/or Fire Safety
Inspector shall provide notice to the person that the person has committed a violation of
a code or ordinance and shall establish a reasonable time period within which the
person must correct the violation. Such time period shall be not more than thirty (30)
days. If, upon personal investigation, a Code Enforcement Officer and/or Fire Safety
Inspector finds that the person has not corrected the violation within the time period, a
Code Enforcement Officer and/or Fire Safety Inspector may issue a citation to the
person who has committed the violation. A Code Enforcement Officer and/or Fire
Safety Inspector does not have to provide the person with a reasonable time period to
correct the violation prior to issuing a citation and may immediately issue a citation if the
Code Enforcement Officer and/or Fire Safety Inspector has reason to believe that the
violation presents a serious threat to the public health, safety, or welfare, or if the
violation is irreparable or irreversible.
(D) A citation issued by a Code Enforcement Officer and/or Fire Safety
Inspector shall contain:
(1) The date and time of issuance,
(2)
The name and address of the person to whom the citation is
issued.
(3) The date and time the civil infraction was committed.
(4) The facts constituting reasonable cause.
(5) The number or Section of the code or ordinance violated.
(6)
The name and authority of the Code Enforcement Officer and/or
Fire Safety Inspector.
(7)
The procedure for the person to follow in order to pay any civil
penalty or to contest the citation.
(8)
The applicable civil penalty if the person elects to contest the
citation.
(9)
The applicable civil penalty if the person elects not to contest the
citation.
(10)
A conspicuous statement that if the person fails to pay the civil
penalty within the time allowed, or fails to appear in court to contest
the citation, he shall be deemed to have waived his right to contest
the citation and that, in such case, judgment may be entered
against the person for an amount up to the maximum civil penalty.
(E) After issuing a citation to an alleged violator, a Code Enforcement Officer
and/or Fire Safety Inspector shall deposit the original citation and one copy of the
citation with the County Court.
(F) A violation of an ordinance enforced in this manner shall constitute a civil
infraction. The person receiving the citation may within ten (10) days from the date of
the citation elect to appeal the citation to County Court or pay the penalty imposed.
Should the person fail to pay the penalty or appeal the citation within the ten days or fail
to appear in court to contest the citation, they shall be deemed to have waived their
right to contest the citation and a judgment up to the maximum penalty may be entered
against them.
(G) The classes and schedule of fines shall be as follows:
(1) Class I - $50.00 fine shall be assessed for:
(a) All violations not specifically enumerated in other fine classes;
and
(b) Violations of Chapter 91, "Animals", excluding sea turtle
provisions.
(2) Class II - $75.00 fine shall be assessed for:
(a) Repeat violations of Class I violations;
(b) Violations of the Land Development Regulations of the City of
Delray Beach;
(c) Violations of Chapter 90, "Abandoned Property";
(d) Violations of Chapter 98, "Litter";
3
(e) Violations of Chapter 99, "Noise"; and
(f) Violations of Chapter 131, "Offenses Against Property".
(3)Class III - $125.00 fine shall be assessed for:
(a) Repeat violations of Class II violations;
(b) Violations of Chapter 91 regarding sea turtles;
(c) Violations of Chapter 96, "Fire Prevention and Fireworks"
(The requirements of Florida Statute Section 633.052 shall
be followed prior to the issuance of a citation);
(d) Violations of Chapter 97, "Health and Safety"; and
(e) Violations of Chapter 101, "Parks, Beaches, and
Recreation".
(4) Class IV - $250.00 fine shall be assessed for:
(a) Repeat violations of Class III violations;
(b) Violations of Section 51.02, "Dumping on Property Owned
by Others Prohibited";
(c) Violations of Section 51.20, "Industrial and Hazardous
Waste Disposal";
(d) Violations of Section 51.57, "Contagious Disease Refuse
and Hypodermic Needles";
(e) Violations of Section 51.59, "Offensive Deposits; Burying
and Depositing in Waterways"; and
(f) Violations of Chapter 53, "Sanitary Sewers", pertaining to
discharges into sanitary sewer system.
(H) Any person who willfully refuses to sign and accept a citation issued by a
Code Enforcement Officer and/or Fire Safety Inspector shall be guilty of a misdemeanor
of the second degree, punishable as provided in F.S. Sections 775.082 or 775.083.
Section 2. That Chapter 96, "Fire Safety and Emergency Services", Section
96.09, "Processes Deemed Hazardous to Life and Property", of the Code of
4
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted to
read as follows:
Sec. 96.09. PROCESSES DEEMED HAZARDOUS TO LIFE AND PROPERTY.
{A) The Fire Chief, Fire Marshal or Fire Inspector or any Fire-Rescue
Department Officer may order the immediate cessation of any activity, operation or
process when such activity, operation or process is in violation of the State Prevention
Code, or other fire safety ordinance, or when, in the iud.qment of any of those named
above, such operation, activity or process constitutes a severe and immediate hazard tn
persons or property.
(B) Any person, who, after being served with either a verbal or written order tn
cease such severe and immediate hazardous activity, operation or process, willfully
fails or refuses to comply with such an order shall be subiect to immediate arrest.
Section 3. That Chapter 96, "Fire Safety and Emergency Services", Section
96.10, "Evacuation of Occupied Buildings or Structures", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby enacted to read as
follows:
Sec. 96.10. EVACUATION OF OCCUPIED BUILDINGS OR STRUCTURES.
The Fire Chief, Fire Marshal, any Fire Inspector or any Fire-Rescue Department
officer may order the immediate evacuation of any occupied buildin.q or structure or
assembly area when such buildinq, structure or assembly area is deemed hazardous
due to fire hazard, obstruction to exits, overcrowdinq of the premises, or any other
hazard or potential which presents immediate danRer to the occupants. The premises,
or any portion thereof, may not be reoccupied until it has been examined and deemed
free of the hazard or potential which caused the evacuation to be ordered. Persons
refusin.q to obey either a verbal or written order of any of the Fire-Rescue Department
officials named above shall be subject to immediate arrest.
Section 4. That Chapter 96, "Fire Safety and Emergency Services", Section
96.16, "Certain Codes Adopted by Reference", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby repealed and a new Section 96.16,
"Certain Codes Adopted by Reference", is hereby enacted to read as follows:
Sec. 96.16. CERTAIN CODES ADOPTED BY REFERENCE.
(^) The city adopts by reference and incorporates into this Code as thou.qh
fully set out herein, that certain code, as it may from time to time be amended, known
as the Florida Fire Prevention Code, Chapter 36 of the Florida Buildin.q Code (2001),
and the incorporated standards.
(B) The city adopts by reference and incorporates into this Code, as thou.qh
fully set out herein, those specific codes and standards, from the Florida Fire
Prevention code, Chapter 36 of the Florida Buildinq Code (2001). In addition to thP,
codes adopted by the Florida Fire Prevention Code, the City of Delray Beach adopts
National Fire Protection Association codes listed below and as they may be amended:
NFPA 18 1995 Wetting Agents
NFPA 22 1998 Water Tanks for
Private Fire
Protection
NFPA 50 2001 Bulk Oxygen
Systems at
Consumer Sites
NFPA 50A 1999 Gaseous Hydrogen
Systems at
Consumer Sites
NFPA 53 1999 Oxygen-Enriched
Atmospheres
NFPA 92B 2000 Smoke
Management
Systems in Malls,
Atria, Large Areas
NFPA 101B 1999 Means of Egress
NFPA 102 1995 Assembly Seating,
Tents, and
Membrane
Structures
NFPA 105 1999 Smoke Control
Door Assemblies
NFPA 115 1999 Laser Fire
Protection
NFPA 140 1999 Motion Picture and
TV Production
Facilities
NFPA 160 2001 Flame Effects
Before an Audience
NFPA 170 1999 Fire Safety Symbols
NFPA 203 2000 Roof Coverings and
Roof Deck
Construction
NFPA 204 1998 Smoke and Heat
Venting
NFPA 258 2001 Research Test
Method for
Determining Smoke
Generation of Solid
Materials
NFPA 287 2001 Flammability of
Materials in Clean
rooms
NFPA 302 1998 Pleasure and
Commercial Motor
Craft
NFPA 306 1997 Control of Gas
Hazards on Vessels
NFPA 326 1999 Safeguarding Tanks
and Containers
NFPA 408 1999 Aircraft Hand
Portable Fire
Extinguishers
NFPA 423 1999 Construction and
Protection of
Aircraft Engine Test
Facilities
NFPA 496 1998 Purged and
Pressurized
Enclosures for
Electrical
Equipment
NFPA 502 1998 Road Tunnels,
Bridges, and
Limited Access
Highways
NFPA 513 1998 Motor Freight
Terminals
NFPA 560 1995 Ethylene Oxide for
Sterilization and
Fumigation,
Storage, Handling,
and use of
NFPA 601 2000 Security Services in
Fire Loss
Prevention
NFPA 720 1998 Household Carbon
Monoxide Waming
Equipment
NFPA 780 1997 Installation of
Lighting Protection
Systems
NFPA 801 1998 Facilities Handling
Radioactive
Materials
7
NFPA 820 1999 Fire Protection in
Wastewater
Treatment and
Collection Facilities
NFPA 914 2001 Fire Protection in
Historic Structures
NFP^ 1141 1998 Planned Building
Groups
NFPA 1962 1998 Care, Use and
Service Testing of
Fire Hose Including
Connections and
Nozzles
NFPA 1961 1997 Fire Hose
The City hereby adopts the following amendments to the Fire Prevention Code of
the National Fire Protection Association, N.F.P.A. Pamphlet No. 1, included in thP.
Florida Fire Prevention Code, Chapter 36 of the Florida Building Code (2001), adopted
in this article:
(1) Section 7-3.2 is amended to include the followin.q lan~lua~le:
Approved automatic fire sprinkler systems as hereinafter defined shall be
installed throughout hereinafter constructed buildings and structures or
appropriate sections thereof:
(a) The following buildings of an institutional or educational
character: all hospitals, ambulatory, surgical or treatment centers, nursing
homes, homes for the aged, convalescent centers, rehabilitation facilities,
day care centers carinq for more than 12 clients under 1 year of a.qe, adult
congregate living facilities, and all occupancies and uses of similar nature
to those herein stated, without regard to the type of construction or height
of the building or structure involved.
(b) All wood or partial wood frame buildings or structures which
are 2 stories or more than 20 feet in height as measured from finish
ground floor grade to the underside of the topmost roof assembly. Single-
family homes, duplexes and townhouses shall be exempt from this
requirement, except as provided in section (d) below.
(c) All buildings or structures regardless of the type of
construction which are 3 stories or more in height or all buildinqs or
structures in excess of 30 feet in height as measured from the finish
ground floor grade to the underside of the topmost roof assembly.
(d) All buildings or structures regardless of the type of
construction which are in excess of 12,000 square feet per floor, or an
a~re~ate of 12,000 square feet if there is unprotected communication
between floors or intermediate spaces.
(e) All portions or sections of buildings or structures which are
below grade or which constitute the basement area of a building or
structure regardless of square footaqe of floor area or type of
construction.
The automatic fire sprinkler systems herein referred to and
the installation thereof which is required by this ordinance shall be as
contained in and provided for with the applicable standard specified for
this section under appendix A of this Fire Prevention Code.
(2) Section 7-2.2.2 is amended to include the following language:
All hereafter constructed buildings and structures more than 3 stories in
height or 36 feet in height or all buildings more than 2 stories in height and more
than 30,000 square feet per floor level, shall be equipped with approved Class 1
standpipes to provide reasonable safety to persons and property.
For purposes of this section, height is measured from finish ground floor
grade to the underside of the topmost roof assembly.
(3) Section 7-2.3 is amended to include the following language:
All systems, equipment, tanks, piping, devices, appliances, controls, or
stora.qe facilities over which the code contains regulatory provisions, or which are
required by any other law, shall be maintained in operative condition at all times
to provide the service for which installed.
All fire sprinkler, standpipe, and fire pump systems shall be annually
inspected, serviced, and maintained under a written service contract with service
companies licensed by the State of Florida to provide such services and which
possess a current occupational license for the City of Delray Beach providing for
regular maintenance and testinq of the systems in accordance with the
applicable standards specified under Appendix A of this Fire Prevention Code
and N.F.P.A. 13A, NF.P.A. 14A and N.F.P.A. 25.
The service company performing the maintenance and tests shall forward
a written report to the Fire-Rescue Department indicating the nature of any
repairs, modifications, and/or corrections completed by the service company, the
date and time of such tests and inspections and any other information which may
be required by the fire-rescue services department. In addition, a copy of the
9
service report must be maintained on the premises, and it shall be subject to
inspection by the Fire-Rescue Department at any time.
(4) Section 7-3.4.2 is amended to include the following lanclua~e
Valves on connections to water supplies, sectional control and isolation
valves, and other valves in supply pipes to sprinklers and other fixed water
based fire suppression systems shall be supervised by an approved Central
station signaling service.
(5) Section 7-7 is amended to include the followincl lan~luaqe
Any off-site monitorinq of required fire alarm/detection devices shall be
done at an approved UL Listed Fire Protection Signaling Systems Central
Station. It shall be the responsibility of the building owner to provide and maintain
a current valid UL Fire Alarm Certificate on the buildin.q's fire alarm system.
Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 7. That this ordinance shall become effective upon its adoption on
second and final reading.
the
PASSED AND ADOPTED in regular session on second and final reading on this
day of ,200_.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
]0
TO:
THRU:
FROM:
SUBJECT:
MEETING OF FEBRUARY 3, 2004
AMENDMENT OF ORDINANCE 20-03 (ADOPTING ORDINANCE FOR
COMPREHENSIVE PLAN AMENDMENT 2003-2)
Comprehensive Plan Amendment 2003-2 was approved on first reading of the
Ordinance (Ordinance 20-03) on August 5, 2003 and transmitted to the Florida
Department of Community Affairs (DCA) for review. After review by the State, an ORC
report was issued requesting additional data and analysis to support two of the
proposed FLUM amendments. A response to the ORC report was prepared and the
Plan Amendment was adopted on second reading on January 6, 2004. The Amendment
and all the supporting materials, including the adopting ordinance were transmitted to
the State for compliance review and Plan certification.
At first reading, (the transmittal hearing) the adopting ordinance (Ordinance 20-03)
included a WHEREAS clause stating that the amendment was found to be in
compliance and that an ORC Report had not been issued. At second reading, this
language was inadvertently left in the Ordinance and was not revised to reflect that fact
that the State had issued an ORC report. When the State reviewed the adopted
Amendment, the inaccuracy in the Ordinance was noted and we have been requested
to revise the Ordinance to accurately reflect the facts.
By motion, approve on first reading, Ordinance No. 12-04, amending Ordinance 20-03
and set a public hearing date of February 17, 2004.
Attachments:
· Ordinance 20-03
· Letter from Department of Community Affairs
· Ordinance 12-04
ORDINANCE NO. 12-04
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ORDINANCE NO. 20-03 THAT
ADOPTED COMPREHENSWE PLAN
AMENDMENT NO. 2003-2; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, following due public notice, the second of two required public
heatings on Comprehensive Plan Amendment 2003-2, Ordinance No. 20-03 was held and
adopted on January 6, 2004, in accordance with statutory requirements; and
WHEREAS, Ordinance No. 20-03 included a "WHEREAS "clause that provided
Comprehensive Plan Amendment 2003-2 was in compliance that there was not an
(Objections, Recommendations & Comments) ORC report regarding Comprehensive
Plan Amendment 2003-2, when in fact, the Comprehensive Plan Amendment was not
found to be in compliance and an ORC report was issued by the Florida Department of
Community Affairs on Amendment 2003-2; and
WHEREAS, the City Commission desires to amend Ordinance No. 20-03 in order
to remove the language in the "WHEREAS" clause regarding the compliance statement
and ORC report and to provide that in response to the ORC report issued, additional
documentation and analysis has been transmitted to the Department of Community
Affairs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the "WHEREAS" clause providing that the Comprehensive Plan
Amendment was in compliance and that no ORC report had been issued is deleted from
Ordinance No. 20-03 and that in response to the ORC report issued, additional
documentation and analysis to support the amendment has been transmitted to the
Department of Community Affairs. All other aspects of Ordinance No. 20-03 remain in
full force and effect.
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.
the
PASSED AND ADOPTED in regular session on second and final reading on this
__ day of ,200
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
ORDINANCE NO. 20-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2003-2
PURSUANT TO THE PROVISIONS OF THE "LOCAL
GOVERNMENT COMPREHENSIVE PLANNING AND
LAND DEVELOPMENT REGULATION ACT', FLORIDA
STATUTES SECTIONS 163.3161 THROUGH 163.3243,
INCLUSIVE; AI.I'. AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A" EN-'ITFLED "COMPREHENSIVE PLAN
AMENDMENT 2003-2" AND INCORPORATED HEREIN
BY REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the
provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local
Government Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled
"Comprehensive Plan - Deltay Beach, Florida"; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an
amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2003-2; and,
WHEREAS, the planning and Zoning Board, as Local Planning Agency, following due
public notice, held a public.hearing on July 21, 2003, in accordance with the requirements of the
"Local Government Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as
Local Planning Agency, recommended to the City Commission that the proposed Comprehensive
Plan Amendment 2003-2 be transmitted; and
WHEREAS, proposed Comprehensive Plan Amendment 2003-2 was submitted to and
reviewed by the City Commission; and
WHEREAS, following due public notice, the first of two required public he~rlngs on
Comprehensive Plan Amendment 2003-2 was held by the City Commission on August 5, 2003, at
which time it was authorized to be transmitted to the Depaxm,ent of Community Affairs for
required review; and
WHEREAS, Comprehensive Plan Amendment 2003-2 was found to be in compliance by
the Florida Depatl~uent of Community Affairs and no ORC (Objections, Recommendations &
Comments) Report was issued; and
WHEREAS, following due public notice, the second of two required public hearings on
Comprehensive Plan Amendment 2003-2 was held on January 6, 2004, in accordance with statutory
requirements.
NOW, THEREFORE, BE IT'ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, hereby dechres
its intent to exerdse the authority granted pursuant to the provisions of Florida Statutes Sections
163.3161 through 163.3243, inclusive, known as the '*Local Govemment Planning and Land
Development Regulation Act".
Section 2. That in implementation of its declared intent as set forth in Section 1 of thig
ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2003-
2, which is attached hereto as Exhibit "A" and incorporated herein by reference.
Section 3. That the docUment entitled "Comprehensive Plan - Deltay Beach, Florida" is
hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2003-2.
Section 4. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the £em~inder 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. That this ordinance shall become effective upon the date a final order is issued by
the Depaxtment of Community Affairs finding the amendment in cbmpliance in accordance with
Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding
the amendment to be in compliance in accordance with Chapter 163.3184, F.S.
2 ORD. NO. 204)3
PASSEI~AND ADOPTED ~ rev,lar session on second ma fin~ r~ding on this ~e
~ ~yof~ r~2~4.
_A_'i TI:~ST
Second Readin~~
3 ORD. NO. 20~3
01/25/2004 22:58 8504883309 CONH PLANNING PAGE 02/82
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
'Dedicated to making Florida a better plece to cell home"
J~ary 26 2004
Mr. Ron Hop~ard
$caior Planner
C~y of D~kay Beach
Plami. S sad Zmi%=
100 N.W. 1'~ Avenue
I~lray ~ ~ 33444
Re: Delray Be~_ch 03-2 Adopted Compreh~sive Plan Art~glm~t
I)e~r Mr. Hoggard:
Wc have received ~ adopted Ameadmmt ~o thc City's comprehensive pla~.as ~i~ ~ ~
C~'s I~ ~ J~ 14, 20~. ~c C~'s ~ for ~ ~ ~ ~ s~
~ 1~ ~ to ~ D~t ~ ~¢ ~ ~ ~pli~ ~ ~
iss~ ~ Objex, R~d~ ~ C~ R~ ~ ~y obj~ti~s. ~e ~ ~e
7~u~ 23, 20~, P~e ~ ~c ~l]~ ~o~on:
An ordinance th~! acem~..ly indicates wha~ ha~pe~d after ~¢ City's Obj~'tiofls, Rceomm~da-
tions and Comments Rq~on (ORC) was issued. The orrlin~,ce should accurately r~fl~ thc action ~h¢
board h~s mk=n.
The adored a;11~dlllellt, l'e~ived Oil JagRlary 16. 2004 will not b~ processed until thc n:quited
information is received, as requited by section 163.3187, F.S. Ifw~ may be of further a~sistance, please
contact Lavoise WhiUingtoa of my staffat (850) 922-1 ?TS, Thanks ~r your assistance in this mat~.
Sinc~ely,
D. Ray Eubanks, Administrator
Plan Review and Processing
DRE:Iw
Enclosure
ce: Mi~t s~ E~. ~.=o~, Tr~.~u~ co~ mc PLANNING & ZONING
26S$ SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 't2355.2100
Phone: 850.486.846615uncom 278.8466 FAX:S$o.g21.0781/$uneom 291,0781
Internat address: http:l/www.dca_stete.fl.os
JAN 2 6 200~