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01-05-99 Regular CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGIILARMEETING JANIFARY 5, 1999 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M. COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability the opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RUINS FOR PUBLIC PARTICIPATION ********************************************************************* 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation as follows: City staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to 3 minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Co,~nts and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the City Commission, citizens may speak on any official agenda item under these sections. 2. SIGN-IN SHEET: Prior to the start of the meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Fla~. 4. A~enda Approval. 5. Approval of Minutes: Regular Meetin~ of December 1, 1998 Regular Meetin~ of December 8, 1998 6. Proclamations: A. Martin Luther Kin~, Jr. Day - January 18, 1999 7. Presentations: A. City Employees Choice Awards - Delray Art League Gallery at City Hall 8. Consent A~enda: City Manager recommends approval. A. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/I.A.F.F.: Approve and ratify the collective bar~ainin~ a~reement between the City and the Professional Fire Fighters and Paramedics of Delray Beach, Local 1842,I.A.F.F., for the period October 1, 1997 through September 30, 1999. B. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE MUNICIPAL ELECTION ITEMS: Authorize the Supervisor of Elections to handle and canvass absentee ballots for the March 9, 1999, municipal election, and represent the City at the requisite lo~ic and accuracy tests. 1/5/99 C. INITIATION OF CORRECTIVE REZONING/ST. VINCENT FERRER CHURCH/SCHOOL: Initiate a corrective rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) District for the southern half of the St. Vincent Ferrer Church/School property (Lots 4-8 of Martha's Vineyard Plat), located at the southwest corner of George Bush Boulevard and'Palm Trail. D. AUTHORIZATION TO PROCEED/SIX YEAR PERFORMANCE MONITORING STUDY OF THE BEACH NOURISHMENT PROJECT: Authorize Coastal Planning and Engineering, Inc. to proceed with the Six Year Performance Monitoring Study of the beach nourishment project at a cost not to exceed $33,487; with funding from the Beach Restoration Fund (332-4164-572-31.30). The majority of the cost will be reimbursed from federal, state and county appropriations. E. RESOLUTION NO. 1-99 (AUTHORIZING ACQUISITION AND ACCEPTANCE QF ASSIGNMENT AGREEMENT/PATTERSON PROPERTY): Approve a resolution authorizing the acquisition of the Patterson property located on N.E. 3rd Avenue adjacent to the F.E.C. Railroad between N.E. 15th and 16th Streets, and accept the assignment agreement from the Community Redevelopment Agency to purchase the property for $30,000, with funding from 448-5411-538-61.10 (Stormwater Utility - Land Acquisition Costs). F. RESOLUTION NO. 70-98 (ABANDONMENT OF A PORTION OF QUEENS AVENUE AND ACCEPTANCE OF EASEMENT DEED): Approve a resolution vacating and abandoning a portion of the right-of-way for Queens Avenue lying on the east side of Wallace Drive, north of Linton Boulevard, based upon positive findings, and accept an easement deed for existing utilities. G. RESOLUTION NO. 2-99 (SUPPORT FOR RESTUDY OF CENTRAL AND SOUTHERN FLORIDA PROJECT): Approve a resolution supporting the restudy of the water management system in Central and Southern Florida, and requesting that the State of Florida approve a Preservation 2000 successor program to provide funds to purchase land for restudy projects. H. RESOLUTION NO. 3-99: Approve a resolution authorizing the Community Redevelopment Agency to acquire by gift, purchase or eminent domain certain real property described as Lot 9, Revised Plat of Block 36 (Rolle property). I. RESOLUTION NO. 4-99: Approve a resolution assessing costs for abatement action required to remove nuisances on fourteen (14) properties throughout the City. - 3 - 1/5/99 J. SERVICE AUTHORIZATION #4/SLATTERY & ROOT ARCHITECTS (PARKS MAINTENANCE COMPOUND EXPANSION): Approve Service Authorization #4 in the amount of $21,150.00 with Slattery & Root Architects for the development of a master plan and contract documents for the building expansion and site improvements at the Parks Maintenance compound, with funding from 334-4131-572-62.10 (General Construction Fund - Parks & Recreation/Buildings). K. ACCEPTANCE OF EASEMENT DEED & RIGHT OF ENTRY AND LICENSE AGREEMENT WITH FEITKENHA~R (WHITE DRIVE): Accept an easement deed for a ten foot drainage easement and approve a right of entry and license agreement with Thomas and Evy Feitkenhauer, 1024 White Drive, to facilitate completion of the Rhodes Villa Avenue and White Drive drainage improvements project. L. ACCEPTANCE OF EASEMENT DEED & RIGHT OF ENTRY AND LICENSE AGREEMENT WITH MURRAY (RHODES VILLA AVENUE): Accept an easement deed for a ten foot drainage easement and approve a right of entry and license agreement with Christine Murray, 1015 Rhodes Villa Avenue, to facilitate completion of the Rhodes Villa Avenue and White Drive drainage improvements project. M. LICENSE AGREEMENT FOR USE OF POMPEY PARK BY DELRAY BEACH ACADEMY, INC.: Approve a license agreement with Delray Beach Academy, Inc. for the use of facilities at Pompey Park to accommodate a charter school for at-risk youth, for the term January 15, 1999 through June 15, 1999. N. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT/BOYS & GIRLS CLUBS: Authorize the execution of a subrecipient funding agreement with the Boys & Girls Clubs of Palm Beach County, Inc. under the Community Development Block Grant (CDBG) program for FY 1999, with funding in the amount of $50,000 from various accounts within the CDBG fund. O. COMMUNITY DEVELOPMENTBLOCK GRANT FUNDING AGREEMENT/HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC.: Authorize the execution of a subrecipient funding agreement with Housing Opportunities Project for Excellence (HOPE), Inc. under the Community Development Block Grant (CDBG) program for FY 1999, with total funding in the amount of $2,000 from various accounts within the CDBG fund. P. AMENDMENT ~3 TO CENTER BASED CHILD CARE AGREEMENT WITH SCHOOL DISTRICT OF PALM BEACHCOUNTY: Approve Amendment #3 to the Center Based Child Care Agreement with the School District of Palm Beach County which adds Pine Grove School of the Arts as the fourth after care provider site for the 1998/99 school year. 1/5/99 Q. FUNDING SUBSIDIES UNDER THE DELRAY BEACH REAIAISSANCE PROGRAM: Approve funding subsidies in the total amount of $43,850.00 for three (3) income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP). R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 7th through December 31, 1998. S. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the total amount of $62,937.00 to Government Technologies Services, Inc., via GSA contract, for the purchase of twenty-seven (27) Panasonic CF-25 laptop computers for the Police Department, with funding from 001-2111-521-64.90 (Problem Solving Grant 96/Project #97-59). 2. Grant award through the State Housing Initiatives Partnership (SHIP) program in the amount of $21,857.21 to Dakota Construction, Inc. for the rehabilitation of an owner occupied single family housing unit at 216 S.E. 1st Avenue, with funding from 118-1924-554-49.19 (SHIP/Housing Rehabilitation). 3. Bid award in the amount of $190,425.00 to B&B Properties, Inc. for construction of the N.E. 7th Avenue Water Main Improvements project, with funding from 442-5178-536-63.50 (W/S Renewal & Replacement - Water Line Upgrades). 4. Bid award in the amount of $48,010.00 to Gilmore Electric Co., Inc. for the construction of new lighting for the parking lot located behind Hand's and south of N.E. 1st Street, with funding from 334-3162- 541-63.15 (General Construction Fund - Downtown Parking Lots). 9. Regular Agenda: A. CONDITIONAL USE REQUEST/MIL-ATLANTIC A.L.F.: Consider a request for conditional use approval to allow the establishment of an Assisted Living Facility (ALF) and an Adult Day Care for a project known as Mil-Atlantic A.L.F. The subject property involves two parcels of land that are separated by the L-34 Canal, located on the west side of Military Trail, approximately 650 feet south of West Atlantic Avenue and immediately south of Pines West Plaza. It is zoned RM-8 (Medium Density Residential - 8 units per acre). QUASI-JUDICIAL PROCEEDING - s - 1/s/99 B. REQUEST FOR TENT PERMIT/FIRST PRESBYTERIAN CHURCH: Consider a request from the First Presbyterian Church for a temporary use permit to erect a tent on the church parking lot at 33 Gleason Street from January 22nd through February 16, 1999, for the purpose of holding a rummage sale. C. REQUEST FOR WAIVER AND TEMPORARY USE PERMIT/TRINITY LUTHERAN CHURCH: Consider a request from Trinity Lutheran Church to waive LDR Section 2.4.6(H) (1) and authorize a temporary use permit to allow six camping trailers to be placed on the church's property for approximately five to six months. D. SPECIAL EVENT REQUEST/ART & JAZZ ON THEAVENUE: Consider a request from the Joint Venture for special event approval for the January 28, 1999, Art & Jazz, including temporary use permits for street closures, staff support, use of City equipment, specified overtime costs, and use of pedi-cabs during the event. E. SPECIAL EVENT REQUEST/LUPUS FOUNDATION HEALTH WALK: Consider a request from the Lupus Foundation of America Southeast Florida Chapter for special event approval to hold a health walk on ~=~n~, 1999, including temporary use permit, staff support) parking fee waiver and 50/50 split of overtime costs. /YTW~/s~ F. SETTLEMENT/WILMA HUNT V. OFFICER CAGNINA: Consider settlement of the referenced matter as recommended by the City Attorney. G. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint a member to the Planning and Zoning Board to fill an unexpired term ending August 31, 1999. The appointment will be made by Commissioner Randolph. 10. Public Hearings: A. ORDINANCE NO. 49-98: An ordinance annexing Lot 61, Second Addition to Country Club Acres, located on the north side of Jefferson Road approximately 100 feet east of Military Trail and 600 feet south of Atlantic Avenue; providing for a small scale Future Land Use Map amendment from County MR-5 (Medium Density Residential 5 dwelling units/acre) to City General Commercial; and establishing initial zoning of GC (General Commercial) District for Boca Delray Animal Hospital. QUASI-JUDICIAL HEARING (AS TO ZONING) 1. CONDITIONAL USE REQUEST/EXPANSION OF BOCA DRLRA¥ ANIMAL HOSPITAL: Consider a request for conditional use approval to allow the expansion of a veterinary clinic for Boca Delray Animal Hospital, located at the northeast corner of Military Trail and Jefferson Road. QUASI-JUDICIAL PROCEEDING 1/5/99 B. ORDINANCE NO. 50-98: An ordinance amending LDR Section 4.6.16, "Landscape Regulations", regarding the types of plant materials that can be located within utility easements. C. ORDINANCE NO. 51-98: An ordinance amending Chapter 39, "Returned Check Service Charge", of the City Code by making changes to the City's returned check policies. D. ORDINANCE NO. 52-98: An ordinance amending Chapter 52, "Water", Section 52.39(H), "Fee for Maintenance of Improvements within Right-of-Way", of the City Code to provide for an increased fee to cover the actual cost of water consumption. 11. Comments and Inquiries on Non-Agenda Items from the Public - I,,,,,ediately following Public Hearings: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 1-99: An ordinance amending 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 Inflation Index Charge applicable to Medicare services and fee schedules. If passed, a public hearing will be scheduled for January 19, 1999. B. ORDINANCE NO. 2-99: An ordinance rezoning a parcel of land located on the north side of Southridge Road, between South Swinton Avenue and S.W. 4th Avenue, from RO (Residential Office), in part, and R-1-A (Single Family Residential), in part, to CF (Community Facilities) District. If passed, a quasi-judicial public hearing will be scheduled for January 19, 1999. 13. Com~ents and Inquiries on Non-Agenda Items: A. City Attorney B. City Manager C. City Commission - ? - /5/99 WHEREAS, Martin Luther King, Jr. was born on January 15, 1929, in Atlanta, Georgia, and dedicated his life to all Americans being able to enjoy the freedom guaranteed every citizen under the United States Constitution; and WHEREAS, January 18, 1999, will be observed as Martin Luther King, Jr. Day in honor of the memory and ideals of Dr. King; and WHEREAS, Martin Luther King, Jr. labored tirelessly to obtain equality of opportunity for all Americans; and WHEREAS, Dr. King was instrumental in the advancement of equality for all Americans; and WHEREAS, January 18th should serve as a reminder to each of us of the sacrifices made by some Americans in order to secure the rights of all Americans. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim January 18, 1999, as MARTIN LUTHER KING, JR. DAY in the City of Delray Beach, and urge all citizens to reflect upon the efforts and sacrifices made by Dr. King on behalf of all Americans and join in the celebration of his contributions to the struggle for peace and freedom for our nation and throughout the world. 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 5th day of January, 1999. MAYOR JAY ALPERIN SEAL ti'be C oard of cDirectora :for the CDr. 57rlarh'n ~gutber cJ6'n£, ~r. 55~ah'onal CJtolida~ Celebration CDelrazj c~eacb, Cflotida DATE: Deccmb~ 14, 1998 TO: Mayor J. Alperin, City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 FROM: Lillie Strainge, Chairperson Board of Director for the Dr. Martin Luther King, Jr. National Holiday Celebration RE: Request for a copy of the proclamation issued by the Mayor in hands of the 1999 Dr. King, Jr. Holiday Please inform me of the date and time the proclamation will be read in a City Commission meeting. Sincerely, Lillie M. Strange (H) 2784136 (W) 276-5196 ~ ((3) IFIF ][((2][ AklL IBAk]L1L(®qF ~ ©]F]F ][((2 ][ AklL 1BAkIL]L©qF ~ GALLERY AT CITY HALL presents thc DELRAY ART LEAGUE E~ibition E~ition: December 1, 1998- JanuaD~ 14, 1999 Reception: Janua~ 5, 1999, 5:30 P.M. Awards Presentation: JanualT~, 1999 6:00 P.M. · Ci~ employees are in~Sted to emit one ballot per person for their [avorite pieces of amvork the e~ibition. Duplicate ballot~ will become invalid. Ct~t your ballot December 11, 1998 thru Janua~~4, Box located on the reception de~k in the Ci~' Hall lobby. · ~1 b~lots must be signed by the Ci~~ employee. Those not signed · Be sure to ~iew the entire e~ibit~ ~vork ~511 be on display in the Ci~ Hall lobby ~D second floor corridor. YOU BE THE JUDGE~ IT' S YOUR CHOICE~ I select the following as my. choice I~r: FIRST P~CE: (Name of Artist) SECOND P~CE: (M'~work Title) THIRD P~CE: (Name (Artwork Title) HONO~LE MENTION: (Name o~Artisl) (Artwork CI~ EMPLO~E N~E DEPM/TMENT '~ ©]FIFI[C][A\IL ]BA\ILIL©qF ~ ©]FIF][CI[A\IL ]BA\ILIL©T '* MEMORANDUM ,. TO: David T. Harden, City Manager FROM: Edward J. Gusty,' Human Resources Director ~/~ SUBJECT: RATIFICATION OF IAFF LABOR AGREEMENT DATE: December 30, 1998 Attached please find three copies of completed labor agreement between the City of Delray Beach and The Professional Fire Fighters and Paramedics of Delray Beach, Local 1842. The agreement covers the period October 1, 1997 through September 30, 1999, and provides for salary range adjustments for the second year of the agreement, so as to maintain a competitive standing in the local labor market comparisons. There is no provision for retroactive adjustment during the first year of the agreement, with the exception of the special merit bonus awarded to other City employees, who had topped out within their respected salary ranges during fiscal 1997- 98. Additional major adjustments include a Vacation Policy change to bring Fire Department employees in line with all other City employees vacation schedules, and the development of a Comprehensive Drug & Alcohol Abuse Policy. This agreement has been ratified by the IAFF and we would recommend your approval and ratification by the City Commission. EJG/pf Attachments NED98.DOC/pg48 Professional Fire Fighters & Paramedics of Delray Beach, Local-1842 December 7, 1998 Ned Gusty, Human Resource Director 100 NW 1st Avenue Delray Beach, FL. 33444 Dear Ned, As you know, I represent the Professional Fire Fighters & Paramedics of Delray Beach, Local-1842. Today Local-1842 held a ratification vote for the contract years October 1997 through September 1999. I am pleased to inform you that the members of the bargaining unit ratified the contract. I do hope we can expedite the next step in the process. I want to thank you on behalf of the members. This has been an extensive process for all parties involved. If you need any additional information, please feel free to call me. Sin~cerely, . ~' Jame_s. H. Tabeek President Professional Fire F~ghters & Paramedics of Delray Beach Local-1842 JHT PO BOX 583 DELRAY BEACH, FL. 33444 Palm Beach County GOVERNMENTAL CENTER 301 N. OLIVE AVENUE, ROOM 105 WEST PALM BEACH, FL 33401~4795 TELEPHONE: (561) 355-2650 THERESA LePORE FAX NUMBER: (561) 355-4006 Super~sor of Elections WEBSITE: www.pbcelections.org ClUESTIONNAIRE PLEASE ANSWER THE FOLLOWING QUESTIONS AND RETURN THIS FORM AND, A COPY OF THE ACTION TAKEN TO APPOINT THERESA LePORE TO YOUR MUNICIPAL CANVASSING BOARD BY JANUARY 15, 1999. For your upcoming Munidpal Election, do you wish to have Theresa LePore represent your Municipal Canvassing Board at: 1. The Logic and Accuracy Test on the Friday morning before the election? YES NO. 2. The Logic and Accuracy Test prior to the election on election night? YES NO 3. The Logic and Accuracy Test after the election on election night?. YES NO Would you like Theresa LePore to: 4. Handle the absentee ballots for the election? YES NO 5. Canvass the absentee ballots for the election? YES NO Signature of Municipal Clerk Munidpality Date ' PLEASE RETURN TO THE SUPERVISOR OF ELECTIONS BY JANUARY 15, 1999. Revised 12/98 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: C I TY MANAGER ~ SUBJECT: AGENDA ITEM -REGULAR MEETING OF JANUARY 5, 1999 AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/CANVASS ABSENTEE BALLOTS AND REPRESENT THE CITY AT LOGIC & ACCURACY TESTS FOR THE MUNICIPAL ELECTION DATE: DECEMBER 28, 1998 This is before the City Commission to authorize Theresa LePore, Supervisor of Elections for Palm Beach County, to handle the City's absentee ballots for the March 9th municipal election. Ms. LePore's office is equipped with a computerized system for monitoring ballot requests, distributions, accounting for unreturned ballots, as well as electronic signature verification. She will also insure that the absentee ballots are held in safekeeping prior to canvassing. The Supervisor of Elections should also be authorized to represent the City at the canvassing of the absentee ballots. It is further recommended that Ms. LePore be designated to represent the City's canvassing board at the logic and accuracy (L&A) testing of the electronic tabulating equipment. The L&A tests will be conducted on Friday, March 5, 1999, at 10:00 a.m. as well as on election day both before and after counting of the ballots, at both the South County and West Palm Beach election office sites. Recommend authorizing the Supervisor of Elections for Palm Beach County to handle/canvass the City's absentee ballots for the March 9, 1999, municipal election, and designate her as the City's representative at the requisite logic and accuracy tests. ref:agmemo7 Palm Beach County GOVERNMENTAL CENTER 301 N. OLIVE AVENUE, ROOM 105 VVEST PALM BEACH, FL 33401-4795 TELEPHONE: (561 ) 355-2650 THERESA LePORE FAX NUMBER: (561) 35~>402~ S~er~sor of ~lect~ons WEB$1TE: w~v. pbce~nso0~j qUESTIONNAIRE PLEASE ANSWER THE FOLLOWING QUESTIONS AND RETURN THIS FORM AND A COPY OF THE ACTION TAKEN TO APPOINT THERESA LePORE TO YOUR MUNICIPAL CANVASSING BOARD BY JANUARY 15, 1999. For your upcoming Municipal Election, do you wish to have Theresa LePore represent your Municipal Canvassing Board at: 1. The Logic and Accuracy Test on the Friday morning before the election? YES NO 2. The Logic and Accuracy Test prior to the election on election night? YES NO 3. The Logic and Accuracy Test after the election on election night? YES NO Would you like Theresa LePore to: 4. Handle the absentee ballots for the election? YES NO 5. Canvass the absentee ballots for the election? YES NO Signature of Municipal Clerk Municipality Date ' PLEASE RETURN TO THE SUPERVISOR OF ELECTIONS B.Y JANUARY 15, 1999. Revised 12/98 FROM: JAI~ET MEEKS, SENIOR PLANNER SUBJECT: MEETING OF JANUARY 5, 1999 INITIATION OF A CORRECTIVE REZONING FROM R-1AA (SINGLE FAMILY) TO CF (COMMUNITY FACILITIES) FOR ST. VINCENT FERRER CHURCH St. Vincent Ferrer Church/School is situated on property which is located between George Bush Boulevard and NE 6th Street, and between NW 8th Avenue and Palm Trail. The entire site was zoned R-1AA (Single Family) prior to the Citywide Rezoning associated with the approval of the Land Development Regulations in 1990, when the northern half the parcel was changed to CF (Community Facilities). It is believed that the zoning on the southern half of the parcel was not changed at that time as it contains several residential structures, and that the old zoning maps only identified the northern parcel as being owned by the church. This was an error, as the southern half of the property has been owned and utilized by the church since at least the mid 1970's. St. Vincent Ferrer Church wishes to construct a gymnasium on the southern half of their property, which would not be permitted under the R-1AA zoning designation. Therefore, a rezoning to CF is required. As this is the initiation of a corrective rezoning, the Planning and Zoning Board has not considered the request. The Board is tentatively scheduled to consider the amendment at their January 25, 1999 meeting. I By motion, initiate the corrective rezoning for Lots 4-8 of Martha's Vineyard Plat from R- 1AA (Single Family) to CF (Community Facilities) for St. Vincent Ferrer Church/School. TO: ,DAVID T. HARI~N, CITY MANAGER 'x~,~../4, ~ Xt ~'~,~,/,~ l-,~,-~'~.'t ~: THRU: DIANE DO~INGI3~EZ; DIRECTOR Of PLANNING & ZONING FROM: PAUL DORLING,~INCIPAL PLANNER SUBJECT: MEETING OF JANUARY 5, 1999 ** CONSENT AGENDA ** AUTHORIZATION TO PROCEED -SlX YEAR PERFORMANCE MONITORING STUDY OF THE BEACH NOURISHMENT PROJE(~T The action requested of the City Commission is that of approval of an authorization to proceed with the Six Year Performance Monitoring Study of the beach nourishment project. Coastal Planning and Engineering Inc. has submitted the 60 month post-construction monitoring study of the beach. The study was conducted in January, 1998 and finds that in the 12 months since the last survey (48-month survey) the study area shoreline has accreted (increased) an average of 6 feet. Based on the performance of the beach between 1997 and 1998, Coastal Planning and Engineering recommends that the City delay the next renourishment project one year from the planned construction in 1999- 2000 until 2000-2001. Annual monitoring of the beach nourishment project is required by our permits from the Florida Department of Environmental Protection to assess the performance of the project. Delaying the project for 1 year will necessitate authorization of an additional (six year) performance monitoring study. The information gathered in the study will be used to set parameters of design and timing for future maintenance nourishments. Work in this task includes beach, dune, and offshore profiles; analysis of volume and shoreline changes; analysis of sand grain size; and dune accretion evaluation. This item is covered in our contract with Coastal Planning & Engineering, Inc. Funds are available in the Beach Restoration Fund (Act # 332-4164-572-31.30). The majority of the cost will be reimbursed from Federal, State and County appropriations. By motion, approve an authorization for Coastal Planning & Engineering, Inc. to proceed with the Six-Year Beach Performance Monitoring Study at a cost not to exceed $33,487 as requested in their attached correspondence. Attachment: * Letter from CPE s:adv/beach/surveyl 0 COASTAL & OCEAN ENGINEERING COASTAL SURVEYS BIOLOGICAL STUDIES COASTAL PLANNING & ENGINEERING, INC. GEOTEC.NICALSERVICES 2481 N.W. BOCA RATON BOULEVARD, BOCA RATON, FL 33431 (561) 391-8102 Fax: (561) 391-9116 Internet: http://www.cpeboca.com E-mail: mail@cpe.dynip.com 48]9.08 December 8, 1998 Mr. Paul Dorling Project Coordinator City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Proposal for Six Year Post-Construction Beach and Offshore Monitoring Study of the 1992 Beach Renourishment Project Dear Mr. Dorling: This is a proposal to conduct the six year post-construction beach and dune monitoring survey of the 1992 beach renourishment project. The State of Florida, Department of Environmental Protection (DEP), coastal construction permit for the renourishment project requires annual topographic and hydrographic surveys of the beach, dune and borrow area. The surveys provide the required data for coastal evaluations which are conducted to monitor the long-term performance of the renourishment project. In addition to complying with permit requirements, the information will be utilized in the design of the beach renourishment project. The DEP permit requires that the survey be conducted on January, 1999. The required annual borrow area bathymetric survey is not included in this proposal. The borrow area survey required by the State permit will be obtained as part of the geotechnical investigation to locate sand for the renourishment project. The bathymetry will incorporate a larger area in order to locate remaining sand volumes for future beach renourishment. The proposed monitoring study will provide the required information to assess the beach performance, provide information required for design purposes and meet the State of Florida permit requirements, as follows: 1. Dune, Beach and Offshore Survey Profiles: Beach profile cross-sections from beach monuments R-175 through R-192 will be surveyed in accordance with the state permit beach monitoring requirements. Each profile will be surveyed from the dune to the 30 foot offshore depth contour. A total of 18 profile lines will be surveyed. 4819.08 Mr. Paul Dorling December 8, 1998 Page 2 2. Sand Grain Size Analysis: A total of 36 surface sand samples will be collected at 4-foot contour intervals from +12 feet to -20 feet (9 samples per line) along four State of Florida beach profile lines. Each sample will be subjected to a mechanical sieve analysis. Based on the sieve analysis results, the mean grain size will be computed and compared to post-construction data. Changes in mean grain size at each study site will be compared to previous study results and the information provided to the Department of Environmental Protection (DEP), Bureau of Beaches & Coastal Systems, in accordance with permit requirements. 3. Beach Volumetric and Shoreline Position Analysis: The data obtained from the beach profile topographic and hydrographic surveys will be reduced, plotted and compared to the 1992 post-construction and January 1998 surveys. Volume changes within the project area beach will be computed. The mean high water shoreline position will also be determined and compared to its position in previous surveys. This information will be used to provide an engineering assessment of the performance of the previous (1992) beach renourishment project, and to plan for the next renourishment. Areas of accelerated erosion (i.e. "hot spots") will be identified for future consideration in the project redesign and also to monitor the extent of hot spot progression into the beach. 4. Sand Dune Evaluation: The increase in the volume of sand in the dune will be computed based on the profile comparisons to determine the extent of sand deposition in the dune system. The quantity of volumetric accretion will be determined for the years after construction of the 1992 renourishment. Profile cross-sections on DEP profile lines will provide dune dimensions including dune height and seaward progression of the dune. The change in the dune profile will also be evaluated for proper management of the dune system. 5. Beach and Borrow Area Monitoring Report: A report will be prepared summarizing the results of the study. We will provide two copies of the report to the City; two copies to the Department of Environmental Protection, Bureau of Beaches and Coastal Systems; and one copy each to the U.S. Army Corps of Engineers and Palm Beach County. The engineering fee for the surveys, evaluations and report is $33,486.91. A cost breakdown is attached for your review. COASTAL PLANNING & ENGINEERING, INC. 4819.08 Mr. Paul Dorling December 8, 1998 Page 3 Thank you for the opportunity to continue to serve the City of Dekay Beach. If you should have any questions, please call me. Very truly yours, COASTAL PLANNING & ENGINEERING, INC. . ~he ;rde s~eSnPtad°ni f:wp61 docs/palmbeach/delray/481908.338 cc: Jeff Andrews, CPE Craig Kruempel, CPE John Walker, CPE Earl Soeder, CPE Norman Beumel, CPE COASTAL PLANNING & ENGINEERING, INC. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITYMJ~AGER~ SUBJECT: AGENDA ITEM ~'~'- REGULAR MEETING OF JANUARY 5, 1999 RESOLUTION NO. 1-99 (AUTHORIZING ACOUISITION AND ACCEPTANCE OF ASSIGNMENT AGREEMENT/PATTERSON PROPERTY) DATE: DECEMBER 28, 1998 In keeping with the Seacrest neighborhood redevelopment plan, the Community Redevelopment Agency has contracted to purchase certain property on N.E. 3rd Avenue adjacent to the F.E.C. Railroad between N.E. 15th Street and N.E. 16th Street. City staff has determined the property to be suitable for use as a stormwater retention area and recommends its acquisition for this purpose. The action requested of the Commission is approval of Resolution No. 1-99 which authorizes the acquisition of the property for the municipal purpose of stormwater retention, accepts the contract for sale and purchase, and also accepts the assignment agreement which assigns the contract with Emily J. Patterson, Seller, from the Community Redevelopment Agency to the City. The purchase price is $30,000.00, to be funded from 448-5411-538-61.10 (Stormwater Utility - Land Acquisition Costs). You may recall this transaction is similar to the acquisition of the property at the northeast corner of N.E. 14th Street and N.E. 3rd Avenue (formerly known as the Nanmyer property) where the CRA entered into negotiations with the owner and contracted to purchase the property, with the contract being assigned to the City for use of the property for drainage purposes. Recommend approval of Resolution No. 1-99 authorizing the acquisition of the Patterson property from the CRA through the acceptance of an assignment agreement. ref:agmemo9 [lTV OF DELRg¥ BEfl[H CITY ATTORNEY'S OFFICE ~00 ~w ~. ^v~. ~,^¥ ~^~.. ~o.~^ ~... TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-709 I DELRAY BEACH Ali. America City MEMORANDUM ~; DATE: December 17, 1998 ~ ~% TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Assignment of Agreement for Purchase of Patterson Property The attached Assignment Agreement from the CRA provides that the City will purchase the subject property on N.E. 3rd Avenue for $30,000.00. The appraised value of the property is $30,000.00. This property will be utilized for drainage purposes, see attached letter from Randall Krejcarek, City Engineer. By copy of this memorandum to David Harden, City Manager, our office requests that this item be placed on the January 5, 1999 City Commission agenda for approval. Please call if you have any questions. David Harden, City Manager Alison MacGregor Harty, City Clerk Attachments patprop.com City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M ,, TO: Brian Shutt, Assistant City Attorney FROM: Randal L. Krejcarek, P.E. DATE: t 1-Dec-98 SUBJECT: Patterson Property Assignment NE 3rd Av The attached assignments are being made to the city in order to utilize this property for drainage purposes. There will be a project proposed in next years ClP which addresses the drainage needs in this area. Thanks!! enc. cc Richard Hasko, P.E. , BEG 14 1938 $: L.. ~letters~rlk~cityattn~ne3av. 001 i RESOLUTION NO. 1-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY OF DELRAY BEACH TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, LOCATED ON N.E. 3RD AVENUE ADJACENT TO THE F.E.C. RAILROAD BETWEEN N.E. 15TH STREET AND N.E. 16TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, AND AUTHORIZING THE CITY TO EXECUTE AN ASSIGNMENT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF DELRAY BEACH FOR SAID PROPERTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach wishes to acquire certain property located on N.E. 3rd Avenue adjacent to the F.E.C. Railroad between N.E. 15th Street and N.E. 16th Street; and WHEREAS, the Seller, Emily J. Patterson, has entered into a contract to sell the property hereinafter described to the City of Delray Beach Community Redevelopment Agency; and WHEREAS, it is in the best interest of the City of Delray Beach to enter into an assignment agreement with the Community Redevelopment Agency to authorize the City of Delray Beach to acquire the said property for the purpose of stormwater retention. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, as buyer, hereby agrees to purchase from Emily J. Patterson, as seller, land for the purchase price of Thirty Thousand Dollars ($30,000.00) and other good and valuable consideration; said property being more particularly described as follows: The South 48 feet of Lot 111 and the North 52 feet of Lot 112, PLUMOSA PARK SECTION A, according to the map or plat thereof as recorded in Plat Book 23, Page 68 of the Public Records of Palm Beach County, Florida. Section 2. That the terms and conditions in the contract for sale and purchase and related addendums to the contract for sale and purchase between the City of Delray Beach Community Redevelopment Agency and Emily J. Patterson are attached hereto as Exhibit "A" and incorporated herein. Section 3. That the City Commission hereby approves and agrees to enter into the Assignment Agreement with the Community Redevelopment Agency for said property. Section 4. That the terms and conditions of the Assignment Agreement are attached hereto as Exhibit "B" and are incorporated herein. Section 5. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 5th day of January, 1999. ATTEST: City Clerk ' - 2 - Res. No. 1-99 N.E. 21ST ST. DELRA Y N.E. 20TH ST. SWAP SHOP N.E. 19TH ST. PLUMOSA KOKOMO ELEMENTARY SCHOOL N.E. 17TH )YAL PALM BLVD. N.E. 16TH ST. N. E. 16TH S , EASTVIEW AVE. ----.--. LAKE AVENUE N. ~,. N.E. 14TH ST. (LAKE AVE.) N.E. 14TH ST. LAKE AVENUE S. N.E. 15TH ST. N.E. 12TH ST. BOND WAY N.E. llTH ST. ~THERSPOON LN N.E. McKE£ LN. PATTERSON PROPERTY CITY OF DELRAY BEACH. FL PLANNING & ZONING DEPARTMENT -- D/G/i'AL ~4,~ MA,o SYS~'£M -- MAP REF: LM313 CONTRACT FOR SALE AND PURCHASE Parties: Emily J. Patterson, ("Seller"), 6603 Lake Island Dr., Lake Worth, Florida, 33467-7905, (Phone: ) and Delray Bench Community Redevelopment Agency, ("Buyer"), of 24 N. Swinton Avenue, Delray Beach, Florida, 33444, (Phone (561) 276-8640) hereby agree that the Seller shall sell and Buyer shall buy the following real property ('Real Property") and lmsonal properly ("Personality") (collectively "Property") upon the following lerms and conditions', which INCLUDE the Standards for Real Estate Transactions attncbed ("Standards") and any addendum to this instnunent. !. DF~CRIPTION: ,~ (a) Legal desc~ of Real Property located in Palm Beach County, Florida: South 48 feet ofLot 111 and the North 52 feet of Lot 112, Plumosa Park Section A, as recorded in Plat Book · Page __, of the Official Records of Palm Beach County, Florida. (b) Street address, city, zip, ofthe Property is: XXXX NE 3rd Avenue, Deb'ny Beach, Florida 33444. (c) Personality:. None IL PURCHASE PRICE: .............. $ 30,000.00 PAYMENT: it (a) Deposit to be held in escrow by Robert W. Federspiel Trust Account in the amount of $ 1,000.00 (b) Balance to close (U.S. eash, LOCALLY DRAWN cerlified or cashier's check), subject to adjustments and prorations $ 29,000.00 ill TIME F. OR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If. this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the p~rtles on or before foorleen days (14) aller the execution of:his Contract by the Buyer, the deposits will, st Buyer's option, be returned to Buyer and this otter withdrawn. A facsimile copy ofthls Contract for Sale and Purchase ("Contract") and any s|gnntures hereon shall be considered for all purposes ns originals. The date of Con:met ("Effective Dale") will be the date when the last one of the Buyer and the Seller has signed this otter. IV. TITLE EVIDENCE: Withh: thirty (30) days after the execution of this Contract Seller shall, nt Seller's expense, dellvev to Buffer or Buyer's Attorney, in accordanc~ with Standard A, title insm'anee commitment and, after closing, owner's policy of title insurance. V. CLOSING DATE: This transaction shall be closed and the special warranty deed and other clnsing papers delivered Ninety days (90 days) following the full execution of this Contract, unless extended by other provisions of Contrnct VI. RF^%'TRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall lake title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and mntlers appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located ctyati~ous to R .eal~,P, roperty lines and nol more than ! 0 feet, in.~vldth as to the rear or fi'on1 lines and '/I/2 feel in width ns to the side lines, unless otherwise staled herein); taxes for year ofclosing and subsequent yeats; assumed mortgages and purclut-,e money morlgnges, if anT, other None; provided thai there exists al closing no violation of:be foregoing and none ofthem pre.v, ,ent..,~:~s.e of Real Property for residential purposes. VII. OCCUPANCY: The property shall be unoccupied as of:he date ofclosing. Seller agrees Io delivery occulmncy of Pmpe~y at time of closlng tnfless otherwi~ stated herein. If occupancy is to be delivered before closing, Buyer asmnnes all risk of loss to Property fi.om date of occupancy, shall be responsible and liable for maintenance from th~ date, md shall he deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in n separate writing. VIII. TYPEWRH'i'EN OR HANDWI~qi I~,N P~VISIONS: Typewritten or handwritten provisions shall control ali printed provisions of Contract in conflict with them. IX. RIDERS: (Check of any of the following Riders are applicable and are attached to this Contract): a).__ Coastal Construction Control Line Rider b).._ Condominium Rider c)~ Foreign Investment in Real Property Tax Act Rider Insulation Rider e) FHA/VA Rider Other: EXHIBIT "A" X. ASSIGNABILITY: (Check (1) or (2) ): Buyer ( l) XX may assign, or(2) may not assign Contract. XI. SPECIAL CLAUSES: (Check ( I ) or (2)): Addendum (I } XX is attached, or (2) __ is not applicable. XIL TIME IS OF THE ESSENCE OF THIS CONTRACT. Xlll. DISCLOSURES: Brayer __ acknowledges or XX does not acknowledge receipt of the age~cy/~don/compensslion and es.~imaled closing cosls discloswes. Buyer's Ini ,rials. ' Buyer E~xrxel,tc, ~ eherD~ Be~OorWn ! or T~ ID No, Buyer Date 5ellei' ' Social Security 5octal Security or Tax ID No. or Tax ID No. ADDENDUM TO CONTRACT FOR SALE AND PURCHASE ! SELLER'. Emily 3. PaUershn BUYER: Del~ay Beach Community Redevelopment Agency PROPERTY ADDRESS: XXX~, NE 3rd Avenue, Debay Beach, Florida, 33444 XIV SPECIAL ClaUSES (coolinued): A. RADON GAS; Radon I~ns is nalurnlly occurring radioactive 8ns that, when it has nccumulaled in a building in sufficient quantities, may present heahh risks to persons who are exposed to it over time. Levels of redon that exceed federal and state guidelines have been £mmd in bu{Idlngs in Florida, Addhionnl information regarding radon and radon testing may be obtained fi'om your counly public heahh unit. Paragraph N of the Standards for Real Estate Transactions attached to this contract is hereby deemed Io incinde an inspeclion for radon gas. B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Except as otherwise provided bereln, Buyer, purstmnt to .~ection 1445 of the lnternnl Revenue Code of 1986, ns amended ("Section 1445") and the regulatinns promulgated Iheremuier ("Regulations"), shall be required to withhold such nmonnt as is necessary to comply with the Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along with properly completed remittance forms. If, however, on or before closing, Seller provides Buyer with (l)an Affidavit of Non-Foreigu Slams regarding Seller, (2) a Notice of Non-Recoguition Trealment, or (3) a Withholding Certificate establishing that no. or n reduced, amount of federal income tax is required to be withheld under Seellun 1445 (colleclively "Withholding Document") in proper form ns reqnired by the Regulations, and Buyer has no knowledge or notice that the Withholding Docmnent firnished by Seller is false, ns deternfined in accordance with the Regulations, then Buyer shall not be required to withhold any po.ion oftbe amount payable to Seller or shall be allowed to withhold such lesser amount as is required by the applicable Withholding Document, as the cnse may be, and shall submit the amount so withheld to the lnternnl Revenue Service along with properly completed remittance forms. In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing oran application for a Withholding Document with the internal Revenue Service and gives notice ofsuch pursuant 1o the Regulations Io Bayer and said application is still pending as of the date of closing, then Buyer shah cooperete with Seller's reasonnble request escrow lay ~nolmt withheld mt closing pm'sunni to the Regulations, nt Seller's expense, until a £mal delerminat{on is made regarding said applieation at which time said amount shall be disbursed in accordance with said final determination. In the event insufficient cash is paid by Buyer at closing to fund the Bayer's withholding obligation, Seller shall deliver to Bm/er at closing the amount of additinnal cash necessary to satis~/the withholding obligation. In the event Buyer determines after the closing Ihat the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's du~y to withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have the authorily to withhold fi.om any ndditloml amount, due to Seller in accordance with the Regulations, all or such portion ofsaid additional amount due to Seller as Burr deems necessary to comply with Section 1445 and to remit the amount so withheld and report such information as required under the Regulations to the Internal Revenue Service. C. This Conlract is contingent upon the Board of Commissioners of the Deiray Beach Commmdty Redevelopment Agency approval within fou.ccn days (14 days). D. The pa.ies warrant and agree that tbere is a broker involved in this l~ms~llon: Coldwell Banker Residential R.E., 3469 W. Boy.ton Beach Blvd., Boy.ton Beach, Florida, 33436, B~'oker: Cathleen Smith. Listing Agent: Kristen and David Coati. (561) '/34-3338. E, The soil, surface water, drainage requirements nsui runoff avnliabilily, genlogical cm~ditions, smd environmental state of the propert~ being purchased must be acceptable to Buyer nl Buyer's expense w~thin the time permitted for delivery of evidence of title herein. Notice of the results of such testing shall be furnished to Seller. During the term oflhls Cenlract, Ibc Buyer, or Buyer's employees, ngonts, representatives, or assigns, shall have ~ll and complete right to enter upon the properly for the purpose of making any and all inspections, lears and studies ofthe properS. In the event said conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the right lo cancel this · D ' l~ EVELOPMiDiT By.' ."-r.~on &. ~'~{~C~OY~ITL~: {1)An abstract of title prepared or brought current by a reputable and existing abstract firm {if not existing then certified as correct by an existing [t~) purporting to be an accurate synopsis of the instr~nts atfectlng tit)e to ~al Pretty record~ in the ~lic re,Ids of the ~unty wherein Real P~opezty Is l~ated~ through Effective ~te. It shall ~n~ with the eaElJest p~ltc records, or such later date as My be cuot~ry in the county. U~fl closing at this Contract, {2) A title tnsurmn~ c~Jt~flt ioo~ by a Floridn licensed title insurer agreeing to 1olue to Buyer, upon recoldJn9 of tlH, by ~ller at o~ ~fo~e closing. Seller' shall convey a ~rketabJe title subject only to J~ena~ enc~ran~s, exceptions or ~aliJi~tione set forth in Contract. H~ketabie t tile ~hall be determined according to applicable ~ltle Standards adopted by eu~rity of The Flo~i~r a~ tn accedence with tar, Buye~ shall have 30 ~ya. if abstract, or 5 ~ya. tt title c~it~nt, fr~ date of receiving evidence of title to examine it. I~ title Is found defective, Buyer shall, uithin 3 days thereafter, ~rl~, deliver uritten notice,tn Selle~ either: {Il extendino the ti~ for e reasonable peri~ not to exceed 120 days ~{Ifl{~i i~ieLely be letumned to Buyer. Ii B~er ialls to so notify Seller, Buyer shall be dee~d to have ec~pted the title as It then is. Selle~ shall, If title Is found u~Wetable, use diligent effort ~o correct defect{s) In title within the tl~ ~en e~tantielly ~let~ es of Effective ~te, any pending lien shall ~ considered as ~tifi~, confl~d or rail ~ied and ~ller~ll, et closing, ~rg~ an a~unt equal to the lest satiate of assess~nt fo~ the l~rove~nt by the public b~y. "c~.o~in~ ~oconfir~that all lte~$ of Pe~somll Property a~e on the ~al Property and, svb~ect to the fo~e~oln9, that all required · ~l~s a~ ~ep]a~nt~ have bee~ ~de and that the Property, including but not limited tO. la~n~ shrub~r~ end pool~ ~ any, ~s ~efl ~n~ain~d In the condition existing es of EffecL~ve ~te, ordinary year and Lea~ ex~pted. 3t of the aee~eeed valuattoe of ~he P~opert~ so da~ged~ cost of restoration shall be an obllg~tion of th~ S~ller and cloein9 3l of the assessed valuation of the l~rove~n~s so da~ged, Buyer shall have the ~tion of etthe~ tsktng Pro~rty t~ether vith either the 3t or any insurance p~oceeds payable by virtue o~ such loe~ or da~ge, or of canceling Contract and Z~lVlng ~etorn of deposit(s). · . ~~?~~:tThe deed shall be recorded upon clearanc~ of fonds. If l~ sbstrlct of title has been furnished, evidence of title shall be c~pttnued at Buyer's ~x~nse to sho~ title In 8uyer~ ~lthout shy enc~zances or chanqe ~i~ ~ld tenor Seller's titl~ o~zketable fr~ the date of the last evidence. ~11 closing pr~eeds shall ~ held In escro~ BROKERAGE RELATIONSHIP DISCLOSURE .,,,,.~~. TRANSACTION BROKER NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION Aa e transaction broker, COLDWELL BANKER RESIDENTIAL REAL ESTATE, INC. and its Asso;iales, provides to you a limited form of representation that includes the following duties: Dealing honestly aFd fairly; 2. Accounting for all fbhcis; 3. Using skill, care, and diligence in the transaction; 4. Disclosing all known facts that materially affect the value of residential real property and are nol readily, observable Io the buyer;, 5. Presenting ail offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; 6. Limited confide~flality, unless waived in writing by a party. This limlled confidentiality will prevenl disclosure that Ihs ,.~eller will accept a price lees than the asking or I~ted price, that the buyer will pay a price greater than the price submitted in a written offer, of the motivation of any party for selling or buying property, that a ~eller or buyer will agree to financhg terms other than those o~fered, or o! any other information requested by a party to remain confidential; and 7. Any additional duties that are entered into by' this or by separate written agreement. Umited repmser~tation means that a buyer ~' Sailer is not resportsible for the acts of the licensee. Additionally, pa~ties are giving up their rights lo the undivided loyalty of the licensee. This aspect of limited represertlation allows a licensee to facilitate a real estate transaction by tl~irlgrl~To~:~t~rer~da~ewhSe~lle~clil~~~ ~r~tieosn. e pally to delivery CI mall Q faosimlle. CB-~'542 ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT is made and entered into this day of .~ .~._/..ff~,._ .fy~_..,f , 1998, by and between the Delray Beach Community Redevelopment Agency hereinafter referred to as "Assignor", and City of Delray Beach, hereinafter referred to as "Assignee". WITNESSETH: WHEREAS, the Assignor is the contract purchaser under that certain Contract for Sale and Purchase with Emily J. Patterson, as Seller, for the purchase of the South 48 feet of Lot 111 and the North 52 feet of Lot 112, Plumosa Park Section A, as recorded in Plat Book ~_, Page ~ of the Public Records of Palm Beach county, Florida, a copy of which is attached hereto (hereinafter referred to as the "Contract"); and WHEREAS, the Assignor is desirous of assigning said Contract to the Assignee and the Assignee is agreeable to accepting such assignment pursuant to the terms and conditions hereinafter set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained the parties hereby agree as follows: Simultaneously with the execution of the Agreement, Assignee shall pay to Assignor an amount equal to the deposit having been made by the Assignor pursuant to said Contract, as well as the appraisal fee, environmental study costs, soil test costs, and the survey fee incurred by the Assignor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. DELRAY~E~OMMUNITY C~/'~ Executive Director CITY OF DELRAY BEACH A'VTESTED BY: By: Jay Aiperln, Mayor City Clerk Approved as to form and legal sufficiency: .. ~y: ~ ~'~.~ , ~ City Attorney EXHIBIT "B" THRU: DIANE DOMINGUEZ, DIRECTOR OF PL FROM: JASMIN ALLEN, PLANNER ~/3'~,'~. ~ SUBJECT: MEETING OF JANUARYS'5, '1999 CONSENT AGENDA* ABANDONMENT OF QUEENS AVENUE LYING ON THE EAST SIDE OF WALLACE DRIVE, NORTH OF LINTON BOULEVARD AND ACCEPTANCE OF REPLACEMENT EASEMENTS The request involves abandoning the remaining portion of Queens Avenue lying on the east side of Wallace Drive, north of Linton Boulevard and the dedication of replacement easements to cover existing utilities. The right-of-way is unpaved, however contains water and sewer mains as well as utility services for Florida Power and Light. The abandonment area abuts asingle family residence to the north and auto dealerships (Wallace Ford, Wallace Nissan and Wallace Dodge) and their attendant parking areas to the east, south and west. The right-of-way is currently used by the applicant (owner of the single family residence) to access the rear of the property. The applicant intends to construct a driveway/parking area within the vacated area which will be accessed via Wallace Drive. Wallace Nissan Dealership to the south also uses the road to park automobiles and access the adjacent dealership parking area. It is noted that this access point is not approved as part of the dealership's plan and that several approved access driveways exist throughout the dealership site. At its meeting of July 20, 1998, the Planning and Zoning Board considered the request at a public hearing. At the meeting four citizens spoke on the abandonment, the applicant in support and Michael Weiner, John Weber and Dan Wilde representing Wallace Dodge, requested that the Board postponed the item as the application (survey) was incomplete. On a unanimous vote (7 to 0), the Board recommended approval, subject to the provision of a revised survey showing all existing utilities and the dedication of replacement easements to cover the existing utilities. The applicant has revised the survey and has addressed all technical comments. By motion, approve the abandonment of Queens Avenue and accept replacement easements to cover the existing utilities based upon positive findings with respect to LDR Section 2.4.6(O)(5). Attachment: Resolution No. 70-98 ~_~_~~~ Revised Survey P&Z Staff Report of July 20, 1998 //,.5'/~ ~. ,/~---. RESOLUTION NO. 70-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PART OF THE RIGHT-OF-WAY FOR QUEENS AVENUE AS SHOWN ON THE PLAT OF SANDS O'SEA, RECORDED IN PLAT BOOK 21 AT PAGE 27 OF THE PUELIC RECORDS OF PALM BEACH COUNTY, FLORIDA, REMAINING AFTER THE PARTIAL ABANDONMENT IN CITY OF DELRAY BEACH RESOLUTION NO. 42-93, RECORDED IN OFFICIAL RECORDS BOOK 8173 AT PAGE 659, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; SUBJECT TO ACCEPTANCE OF AN EASEMENT DEED FOR PUBLIC UTILITIES. WHEREAS, an application for abandonment of that part of the right-of-way for Queens Avenue as shown on the Plat of Sands O'Sea, recorded in Plat Book 21 at Page 27 of the Public Records of Palm Beach County, Florida, remaining after the partial abandonment in City of Delray Beach Resolution No. 42-93, recorded in Official Records Book 8173 at Page 659, Public Records of Palm Beach County, Florida, as more particularly described herein, was received by the City of Delray Beach; and WHEREAS, the application for abandonment of that portion of said right-of-way was processed pursuant to Section 2.4.6(0), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O) (3) (d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed this matter at a public hearing, on July 20, 1998, and voted unanimously to recommend approval of the abandonment, based upon positive findings pursuant to LDR Section 2.4.6(0) (5), and subject to the condition that replacement easements be provided for public utilities; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(0)(5) and subject to the acceptance of an easement deed for public utilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, subject to acceptance of an easement deed for public utilities: See Exhibit "A" attached hereto and made a part hereof Section 2. That this abandonment of right-of-way described in Section 1 above shall not become effective and this resolution shall not be recorded in the Public Records of Palm Beach County, Florida, until an easement deed for public utilities has been accepted by the City Commission of the City of Delray Beach, Florida, and recorded in the Public Records of Palm Beach County, Florida. PASSED AND ~OPTED in regular session on this the 5th day of January, 1999. ATTEST: ~ity~l~k ! - 2 - Res. No. 70-98 Exhibit "A" tO Resolution ~. poRT'/O/,I OF LoT I o[ ". v ', ~ ~8~ S ~0~'/~ ~ ...... 109,01' ~' 2. INDICATES PROPOSED EASEMENT LINE 3. INDICATES PROPOSED EASEMENT CENTERLINE SKETCH OF PROPOSED qUEENS AVENUE RIGHT%OF-WAY ABANDONMENT LEGAL DESCRIPTION ATTACHED NOTE: THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE RECORDED CITY RESOLUTION NO. 42-93 (O.R.B. 8173, PAGE 659) WITH THE NORTH R/W BEARING N 89°50'52'' E. PREPARED BY: BURLISON A. GENTRY REGISTERED FLORIDA SURVEYOR AND MAPPER NO. 2580 REVISION NOTE: ROTATED BEARINGS FROM RIGHT-OF-WAY DEED BEARINGS FOR WALLACE DRIVE TO BEARINGS IN CITY RESOLUTION 42-93. GENTRY ENGINEERING & LAND SURVEYING, INC. P.O. BOX 243 DELRAY BEACH, FLORIDA 33444 (5,61) 272-1924 Exhibit "A" to Resolution No. 70-98 Page I of 2 Exhibit "A" to Resolution No. 70-98 RIGHT-OF-WAY DESCRIPTION FOR PROPOSED ABANDONMENT OF REMAINING PORTION OF QUEENS ~¥ENUE, DELRAY BEACH, FL. That part of the right-of-way for Queens Avenue as shown on the Plat of Sands O'Sea, a subdivision as recorded in Plat Book 21, Page 27, in the public records of Palm Beach County, Florida~ remaining after the partial abandonment in the.City of Delray Beach Resolution No. 42-93, recorded in Official Record Book (O.R.B.) 8173, Page 659, in the public records of Palm Beach County, Florida, less that portion of said Queens Avenue lying west of the extension of the easterly right-of-way line of Wallace Drive, as described in O.R.B. 5194, pages 1468, 1469 and 1470 (Right-Of-Way Warranty Deed), more particularly described as follows; Commencing at the Southwest corner of Lot 1, of said Plat of Sands O'Sea: thence run N 89 50'52" E along the south line of said Lot 1, a distance of 15.62 feet to the point of beginning of the herein described right-of-way abandonment: thence continue along the last described course a distance of 70.23 feet to the point of the previous abandonment and the current end of said Queens Avenue: thence run S 0 09' 08" E along said previous abandonment, a distance of 50.00 feet to the southerly right-of-way line of said Queens Avenue and the point of the previous abandonment; thence run S 89 50'52" W along said southerly right-of-way line of Queens Avenue, a distance of 85.22 feet to a point on a curve; thence run northerly along the arc of a curve to the right, a distance of 52.21 feet to the point of beginning, said curve having a central angle of 4 07'55", a radius of 724.00 feet, a chord of 52.00 feet and a chord bearing of N 16 32'27" E. This Description Prepared By:/ ~--.-"'Date: December 11, 1998 . Exhibit "A" to Resolution No. 70-98 Page 2 of 2 Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 -" EASEMENT DEED THIS INDENTURE, made this ~ day of ~, 1998, by and between N.W. ! st Avenue, Delmy Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($I0.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: See Exhibit "A" ~l~ EXn,'b,'l' ~'-~" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, thxough or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the Successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. (n~e printed or ~ped) Print~;~5 ~ESS ~2: (nme printed or typed) STATE OF ~O~DA The foregoing instrument was ac~owledged before me ~is ~ day of ~ ~ , 1998 by ~q ~ri ~{~ (n~e o[ officer or agent, title of (state or place of inco~oration) co~oration, on behal~ of the co~oration. He/She is personally ~own to me or has produced (type of identification) as identification and ~ (did not) ta~e an ~. 'Sigmm~e of Nom~ ~blic - State ~IC~L N~Y 'SEAL ~ w ~N of Florida COMMISSION NO. CC~337 MY COMMISSIOb; E~P. ~. EASM~T. DED EXHIBIT "A" LEGAL DESCRIPTION FOR A EASEMENT WITHIN THE RIGHT-OF-WAY OF QUEENS AVENUE BEING ABANDONED FROM WALLACE DRIVE ( OLD GERMANTOWN ROAD ) TO THE CURRENT END OF SAID QUEENS AVENUE AS DESCRIBED IN CITY OF DELRAY BEACH RESOLUTION 42-93. The city of Delray Beach reserves a 12' easement which runs through the existing right-of-way of Queens Avenue, as shown on the plat of Sands O'Sea, a subdivision as recorded in Plat Book 21, Page 27, in the public records of Palm Beach County, Florida and running west from the previously vacated right-of-way of said Queens Avenue as described in the city of Delray Beach Resolution 42-93 and recorded in O.R.B. 8172, Page 659 and 660, in the public records of Palm Beach County, Florida, said easement shall align with the existing easement as shown on the plat of Wallace Dodge Replat, a subdivision as recorded in Plat Book 74, Page 9 and 10, in the public records of Palm Beach County, Florida, said easement being more particularly described as follows: The centerline of the new 12 foot easement shall run parallel with and 10 feet south of the platted north right-of-way line of said Queens Avenue, between the previously vacated right-of-way of said Queens Avenue and the easterly right-of-way line of Wallace Drive ( Old Germantown Road ). Prepared by: Burlison A. Gentry Registered Florida Surveyor and Mapper No.2580 EXHIBIT "B" LEGAL DESCRIPTION FOR A EASEMENT WITHIN THE RIGHT-OF-WAY OF QUEENS AVENUE BEING ABANDONED FROM WALLACE DRIVE ( OLD GERMANTOWN ROAD ) TO THE CURRENT END OF OF SAID QUEENS AVENUE AS DESCRIBED IN CITY OF DELRAY BEACH RESOLUTION 42-93. The city of Delray Beach reserves a 12' easement through the existing right-of-way of Queens Avenue, as shown on the plat of Sands O'Sea, a subdivision as recorded in Plat Book 21, Page 27, in the public records of Palm beach County, Florida, said easement more particularly described as follows: Commencing at the northwest corner of the plat of Bill Wallace Nissan, a subdivision as recorded in Plat Book 56, Page 91, in the public records of Palm Beach County, Florida: thence run N 89 50'52"E along the southerly right-of-way line of said Queens Avenue a distance of 17.95' to the point of beginning of the centerline of the herein described easement; thence run N 59 24'03"W along said centerline to the easterly right-of-way line of Wallace Drive ( Germantown Road ) and the end of said easement. Prepared by: Burlison A. Gentry Registered Florida Surveyor and Mapper No. 2580 EXHIBIT "C" LEGAL DESCRIPTION FOR A FLORIDA POWER AND LIGHT EASEMENT FOR EXISTING SERVICE, WITHIN THE RIGHT- OF-WAY OF QUEENS AVENUE BEING ABANDONED FROM WALLACE DRIVE ( OLD GERMANTOWN ROAD ) TO THE CURRENT END OF SAID QUEENS AVENUE AS DESCRIBED IN CITY OF DELRAY BEACH RESOLUTION 42-93. The City of Delray Beach reserves a 10' easement through the existing right-of-way of Queens Avenue, as shown on the Plat of Sands O'Sea, a subdivision as recorded in Plat Book 21, Page 27, in the public records of Palm Beach County, Florida, said easement more particularly described as follows: Commencing at the northwest corner of the Plat of Bill Wallace Nissan, a subdivision as recorded in Plat Book 56, Page 91, in the public records of Palm Beach County, Florida: thence run N 89 50'52" E along the southerly right-of-way line of said Queens Avenue, a distance of 17.37 feet to the point of beginning of the centerline of the herein described easement: thence run N 23 13'20" E along said centerline a distance of 54.47 feet to the end of said centerline and a point on the northerly right-of-way of said Queens Avenue, as Platted. Prepared by: Burlison A. Gentry Registered Florida Surveyor and Mapper No. 2580 PLANNING AND-ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: July 20, 1998 AGENDA ITEM: V.F. ITEM: Abandonment of Queens Avenue, Located on the East Side of Wallace Drive, North of Linton Boulevard. I ~ . ~ I~ I~1 I // I1~1 :'t I iil / SITE / .: '-.'! ~/ ~o[ ~7 / I ~ ' WALLACE < .:......N .~ ~ ~ ~= ~1~1 ~t?~ I/ CONDO ~ ~ ~ WALLACE I I I1~1 ~'~ I :~~ , ,NISSAN J J JJ~__ J~[ N ~ LINTON BOULEVARD GENERAL DATA: Owner/Applicant ................... Dora Castillo Rodriguez Location ............................... East side of Wallace Drive, north of Linton Boulevard Property Size ........................ 0.098 Acre Existing Future Land Use Map Designation .................. General Commercial Current Zoning ..................... AC (Automotive CommerCial) Adjacent Zonings ........ North: AC East: AC .- South: AC West: AC Existing Land Use ................ Unimproved right-of-way Proposed Land Use ............. Abandonment of the 50' unimproved right-of-way to construct a driveway/parking area on the south side of existing single family residence to park vehicles. Water Service ....................... n/a Sewer Service ...................... n/a V.F. The item before the Board is that of making a recommendation to the City Commission on a proposed abandonment of the remaining portion of the Queens Avenue right-of-way. The subject right-of-way is located on the east side of Wallace Drive and north of Linton Boulevard. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. I Queens Avenue was dedicated with the recordation of the Sands O' Sea Subdivision in 1946. On October 24, 1989 the City Commission considered a site plan for Wallace Dodge dealership which included the abandonment of 744' of Queens Avenue. At its meeting of October 16, 1989 the Planning and Zoning Board recommended approval of the abandonment subject to a replat of the Wallace holdings. A plat was not submitted to the City Commission therefore the abandonment was never consummated. In 1992 a site plan was submitted for the expansion of the Wallace Dealership. At its meeting of January 27, 1993 the Site Plan Review and Appearance Board approved the site plan subject to the approval of the abandonment of Queens Avenue and processing of a plat. At its meeting of May 11, 1993 the City Commission approved the plat for Wallace Dodge and the abandonment of a portion of Queens Avenue (50' x 744') through the adoption of Resolution 42-93. The remaining 85.85' of Queens Avenue was not abandoned at that time as the consent of the adjacent property owner (current applicant) could not be obtained. The abandonment of the remaining portion of Queens Avenue is' now before the Board. The area proposed for abandonment is a 50' x 85.85' portion of Queens Avenue, which contains a shellrock dirt road. The property owner to the north has requested the abandonment to constrUct a driveway/parking area on the side of her single family home to park her vehicle. The right-of-way is currently used by the applicant to access the rear of her property. Wallace Nissan Dealership to the south also uses the road to park automobiles and access the adjacent dealership parking area. It is noted that this access point is not approved as p.art of the dealership's plan and that several approved access driveways exist throughout the dealership site. Planning and Zoning Board Staff Report Queens Avenue Abandonment Page 2 A chain link fence surrounding the single family home encroaches into the right-of- way approximately 1'. In the event the right-of-way is abandoned this fence would then be located on the applicant's property. The subject right-of-way is a shellrock dirt road with an area of 4,292.5 sq. ft. (50' x 85.85'), and represents an equal dedication from lots to the north and south. Pursuant to LDR Section 2.4.6(O)(1), public property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels when abandoned. The right-of-way will be divided between the property owner immediately to the north and Wallace Nissan Dealership to the south, with 25' going to each. The abandonment area abuts a single family residence to the north on property zoned AC (Automotive Commercial); and auto dealerships (VVallace Ford, Wallace Nissan, and Wallace Dodge) and their attendant parking areas to the east, south and west on properties zoned AC (Automotive Commercial). Environmental Services and Fire Departments The City's Fire Department has reviewed the request and has no obi~=ction to the abandonment. The Environmental Services Department has indicated that it has no objection to the right-of-way abandonment subject to the provision of 12' replacement easements (including sketch and description) over existing water and sewer utilities. The survey does not show these utilities and must be revised to reflect these existing services. Provision of replacement easements, attendant sketch and descriptions, and a revised survey locating water and sewer services are attached as conditions of approval. Utility_ Companies The Florida Public Utilities Company and Adelphia Cable have reviewed the request and have no objection as there are no underground gas lines or cable services within this right-of-way. The survey the applicant submitted does not show overhead power lines traversing the subject right-of-way which provide services to the single family residence. These power lines are connected to an existing east/west transmission power line that may be within the right-of-way. This east/west power line does not appear in the submitted survey, but was identified as being within this right-of-way on a previous survey of Queen's Avenue. Florida Power and Light has indicated it has services on this east/west line, and if this power line is located within the subject right- of-way a replacement easement covering FP&L and any other utility services must be provided. BellSouth has not responded to the abandonment application, but in the event phone service exists within this right-of-way a replacement easement will be Planning and Zoning Board Staff Report Queens Avenue Abandonment Page 3 provided. As previously noted, provision of a revised survey showing all existing utility services within this right-of-way, and verifying the location of the east/west transmission power line are attached as conditions of approval. Pursuant to LDR Section 2.4.6(O)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. The remaining section of Queens Avenue is unimproved and not used for public access, nor are there plans for its improvement. The majority of Queens Avenue right-of-way was abandoned in 1993 to accommodate the expansion of the Wallace Auto Dealership immediately to the east and south. Replacement easements will be required to cover existing water and sewer utilities and overhead power lines. B) That the abandonment does not, nor will not, prevent access to a lot of record. The abandonment of this right-of-way will not prevent access to a lot of record as the right-of-way abuts a single family home having access to Wallace Drive, and Wallace Dealerships having access from Linton Boulevard, Wallace Drive, and S.W. 10th Avenue. The abandonment will enhance access to the single family home by providing vehicular access to the rear of the property via the north 25' of the abandonment area. C) That the abandonment will not result in detriment to the provision of access and/or of utility services to adjacent properties or the general area. The abandonment of Queens Avenue will not result in the detriment to the provision of utility services to adjacent properties as replacement easements will be required to cover any existing services within the right-of-way. ! As the subject right-of-way is unimproved (without a roadway), short in length (85.85') and there are no plans for its improvement, its intended use is limited. A single family home is located to the north of the abandonment area and the homeowner is requesting the abandonment to accommodate the construction of a driveway/parking area that will allow cars to enter onto 'Wallace Drive more safely. Replacement Planning and Zoning Board Staff Report Queens Avenue Abandonment Page 4 easements with attendant sketches and a revised survey showing all existing utilities within Queens Avenue must be provided. 1. Continue with direction. 2. Recommend approval of the abandonment based upon positive findings with respect to LDR Section 2.4.6(0)(5), pursuant to the following conditions: a) Provide revised survey showing all existing utilities within the subject right-of- way, including the east/west transmission power line. b) Provide 12' replacement easements with attendant sketches for existing water and sewer utilities and any other existing services within the abandonment area. 3. Recommend denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). By motion, recommend approval of the abandonment of the remaining portion of Queens Avenue, with the following conditions: 1. Provide revised survey showing all existing utilities within the subject right-of-way, including the east/west transmission power line. 2. Provide 12' replacement easements with attendant sketches for existing water and sewer utilities and any other existing services within the abandonment area. Attachments: El Location Map El Survey " El Letter of Objection filename:u:\grahamc\pzrep~queensab.doc TO: DAVID T. HARDEN, CITY MANAGER ~',' ~ · FROM: PAL~E DORLING, P~ClPAL PLANNER SUBJECT: MEETING OF JANUARY 5, 1999 ' CONSENT AGENDA** APPROVAL OF A RESOLUTION IN SUPPORT OF THE RECOMMENDATIONS OF THE RESTUDY REPORT FOR THE CENT~L AND SOUTHERN FLORIDA PROJECT, The Central and Southern Florida (C&SF) project is a multi-purpose water management system that provides ~ood protection and water supply for a 16,000- square mile area that includes all or pad of 18 counties in central and southern Florida. The current system sends excessive amounts of rainwater to the sea, which in turn deprives the Everglades, Florida Bay and the aquifer of needed water. The current system is contributing ~o the degredation of major ecosystems including the Everglades, Florida Bay, Lake Okeechobee, Kissimmee River, Caloosahatchee River, St Lucie River, Loxahatchee River, Indian River Lagoon, and the Lake Wo~h Lagoon. Without corrective action, the existing natural areas and major waterbodies are expected to continue to deteriorate, and water shodages will become more frequent. Today, South Florida is not on a sustainable course for the future. The US Army Corps of Engineers (COE) and South Flodda Water Management District (SFWMD) have been working for several years on the C&SF Project Comprehensive Review study. The prima~ goals of the restudy are to restore natural e~systems, increase regional water supplies, improve water quality, and maintain ~ood protection in the projec~ area. A dra~ repod was released for public ~mment on October 15, 1998. The Treasure Coast Regional Planning Council recenUy passed resolutions in suppo~ of the restudy and encourages all local governments to adopt similar resolutions. I I By motion, approve a resolution supposing the re~mmendations of the restudy repo~ for the Central and South Florida project. A~achment: ~". ~, ~ ~~ C SF projec ove iew , RESOLUTION NO. 2-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE RESTUDY OF THE WATER MANAGEMENT SYSTEM IN CENTRAL AND SOUTHERN FLORIDA, AND REQUESTING THAT THE STATE OF FLORIDA APPROVE A PRESERVATION 2000 SUCCESSOR PROGRAM TO PROVIDE FUNDS TO PURCHASE LAND FOR RESTUDY PROJECTS. WHEREAS, the South Florida Water Management District and U.S. Army Corps of Engineers have engaged in the Restudy of the Central and Southern Florida Project to review and identify improvements to the current water management system; and WHEREAS, the current water management system is outdated and has contributed to the degradation of natural ecosystems, including the Everglades, Florida Bay, Lake Okeechobee, the Kissimmee River, the Caloosahatchee River, the St. Lucie River, the Loxahatchee River, Indian River Lagoon and Lake Worth Lagoon; and WHEREAS, implementation of the Restudy is important in order to prevent the continued degradation of wetlands, lakes, rivers, bays and estuaries, and ensure economic prosperity in South Florida; and WHEREAS, the preliminary Initial Draft Plan for the Restudy provides benefits of environmental restoration, increasing regional water supplies, improving water quality, maintaining flood protection and ensuring a high quality of life; and WHEREAS, implementation of the Restudy will require the purchase of land for water management projects, and continuation of the State's Preservation 2000 Program is required to provide a source of funds to purchase land for Restudy projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach supports the Restudy of the Central and Southern Florida Project, and requests the State of Florida approve a Preservation 2000 Successor Program to provide funds to purchase land for Restudy projects. Section 2. That the City Clerk is hereby directed to send a copy of this resolution to the Treasure Coast Regional Planning Council and other parties as may be appropriate. PASSED ~ ~OPTED in regular session on this the 5th day of January, 1999. ATTEST: tity Cl~k ! - 2 - Res. No. 2-99 ,recjIgnal plann nc council MEMORANDUM To: Local Government Officials From: Michael J. Busha, Executive Director Date: October 7, 1998 Subject: Support for the Central and Southern Florida Restudy Treasure Coast Regional Planning Council recently approved two resolutions in support of the Restudy of the Central and Southern Florida (C&SF) Project. The first resolution (98-03) recognizes that implementation of the Restudy will provide benefits of environmental restorat/on, increasing regional water supplies, improving water quality, maintaining flood protection, and ensunng a high quality of life. The second resolution (98-04) recognizes that implementation of the Restudy will require the purchase of land for water management projects, and requests that the State of Flor/da approve a Preservation 2000 Successor Program to provide funds to purchase land for Restudy projects. Council encourages all local governments and organizations in central and south Florida to adopt similar resolutions." Also, each county should consider passing a bond referendum to provide matching funds to purchase land for projects associated w/th the Restudy. The cost of implementing the Restudy is estimated to be approximately 8 billion dollars. The federal governments ,will be responsible for providing about half of these funds. Therefore, it is important for state and local initiatives to provide additional funding. Each local government that can pass a bond referendum to provide matching funds for restudy related projects will improve the chances of these projects being completed in their jurisdiction. The draft C&SF Restudy report and Environmental Impact Statement CEIS) is scheduled to be released on October 15, 1998. Public meetings are scheduled for November 1998, and the Final Report and EIS will be released in April 1999. The Final Report and EIS is scheduled to be presented to Congress on July 1, 1999. Anyone who wants to learn more about the Restudy or comment on the draft plan is encouraged to attend the public meetings organized by the U.S. Army Corps of Engineers and South Florida Water Management District (see attached list of meetings). Also, it is recommended that you express support for the Restudy at the next meeting of the Joint Legislative Committee for Everglades Oversight. This meeting is scheduled to be held on November 5 in the main auditorium in building B-1 (the three-story building in the back) at the South Florida Water Management District. Contact Mike Slayton (561-682-6540) for more information on this meeting. ?· ..... "~' D Attachmen~ cost o,ea, boulcvo,d 0 r.' 3 ,.qB8 suite 300 " .... 20NINI stuart, florida 34994 L.~ ~ .... ;,', ~ ~ ' '.. phone (561) 221~060 sc 269-4060 fax (~61) 221-4067 RESOLUTION 98-03 A RESOLUTION OF THE TREASURE COAST REGIONAL PLANNING COUNCIL REPRESENTINO TI-IE LOCAL GOVERNMENTS OF INDIAN RIVER, MARTIN, PALM BEACH, AND ST. LUCIE COUNTIES, FLORIDA, SUPPORTING TIlE RESTUDY OF THE CENTRAL AND SOUTHE~ FLORIDA PROJECT, AND REQUESTING THAT ALL OOVERNING BODIES IN TH~ PROJECT AREA ADOPT A POSITION OF SUPPORT FOR TI-IE CONCEPTUAL RESTUDY PLAN Wl:IEREAS, the South Florida Water Management Disu:ict and U.S. Army Corps of Engineers have engaged in the Restudy to review the 50-year old water management ~ystem in central and south Florida; and WltEREAS, the current water management system is outdated and has contributed to the degradation of natural ecosystems, including the Everglades, Florida Bay, Lake Okeechobee, Kissimmee River, Caloosahatchee River, St. Lucie River, Loxahatchee River, Indian River Lagoon, and Lake Worth Lagoon; and WI-IEREAS, implementation of the Restudy is important in order to prevent the continued degradation of wetlands, lakes, rivers, bays and estuaries, and ensure economic prosperity in South Florida; and WttEREAS, the preliminary Initial Draft Plan for the Restudy provides benefits of environmental restoration, increasing regional water supplies, improving water quality, maintaining flood protection, and ensuring a high quality of life; NOW TI:rEREFORE BE IT RESOLVED, that the Treasure Coast Regional Planning Council supports the Restudy of the Central and Southern Florida Project, and requests that all governing bodies in the project area adopt a position of support for the conceptual Restudy plan. : The foregoing resolution was offered by Donna Melzer, seconded by Warren Newell and carried Unanimously. The Chairman thereupon declared the Resolution duly passed and adopted this Illth day of September, 1998. Nelia Coyle, Chairmar[ RESOLUTION A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUPPORTING THE PREPARATION OF THE CONCEPTUAL RESTUDY PLAN FOR THE WATER MANAGEMENT SYSTEM IN CENTKAL AND SOUTH FLORIDA W'I-IERE~, the South Florida Water Management District and U.S. Army Corps of Engineers have engaged in the Restudy to review the 50-year old water management system in Central and South Florida; and WHEREAS, the current water management system is outdated and has contributed to the degradation of natural ecosystems, including the Everglades, Flor/da Bay, Lake Okeechobee, Kissimmee River, Caloosahatchee River, St. Lucie River, Loxahatchee River, Indian River Lagoon, and Lake Worth Lagoon; and WHEREAS, implementation of the Restudy is important in order to prevent the con*.inued degradatior, of wetlands, lakes, rivers, bays ~_nd estuaries, and ensure economic prosperity in South Florida; and WttlgREAS, the preliminary Initial Draft, Plan for the Restudy provides benefits of environmental restoration, increasing regional water supplies, improving water quality, maintaining flood protection, and maintaining a high quality of life; ' NOW THEREFORE BE IT RESOLVED, that the St Lucie County Board of County Commissioners supports the Restudy of the Central and South Florida Project and directs the Cotmty Administrator to send a copy of this Resolution to the Treasure Coast Regional Planning Couficil. , BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORII)A ', A~PPROVE]~ AS TO FORM,AND , October6, 1998 BY:' f.~.'.z~z/.~/ . . County AttorneY,i/ / 21 A RESOLUTION OF THE TOWN OF SEWALL'S POINT, FLORIDA~ SUPPORTING THE RESTUDY OF THE CENTRAL AND SOUTHERN FLORIDA PROJECTs AND REQUESTING THAT THE STATE OF FLORIDA APPROVE A PRESERVATION 2000 SUCCESSOR PROGRAM TO PROVIDE FUNDS TO PURCHASE LAND FOR RESTUDY PROJECrS WHEREAS, ~he South Florida Wa~er Management District and U.S. Army Corps of' Engineers have engaged in the Restudy of the Central and Southern Florida Project to identify improvements to the current water management system; and WHEREAS, implementation of the Restudy is important in order to prevent the continued degradation of wetlands, lakes, rivers, bays and estuaries, and ensure economic prosperity in south Florida; and WHEREAS, implementation of the Restudy will require the purchase of land for water management projects; and WHEREAS, continuation of~ the State's Preservation 2000 Program is required to provide a source of'funds to purchase land for Restudy projects; NOW THEREFORE BE IT RESOLVED, that the Town of Sewall's Point supports the Restudy of the Central and Southern Florida Project, and requests the State of Florida approve a Preservation 2000 Successor Program to provide funds lo purcha:s.e land for Restudy projects. PASSED AND ADOPTED this Twentieth day of October, 1998 ATTEST: JOAN BARROW, Town Clerk Approved as to form and correctness: 23 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY M.g~AGER~. SUBJECT: AGENDA ITEM ~.ff'- REGULAR MEETING OF JANUARY 5, 1999 RESOLUTION NO. 3-99 (AUTHORIZING THE ACQUISITION OF PROPERTY BY THE COMMUNITY REDEVELOPMENT AGENCY) DATE: DECEMBER 28, 1998 The CRA Board of Commissioners approved Resolution No. 98-6 (copy attached) at their meeting of December 17, 1998. It requests the City Commission's authorization for the Community Redevelopment Agency to acquire Lot 9 of the Revised Plat of Block 36 (known as the Rolle property) for incorporation into programmed redevelopment activities. Recommend approval of Resolution No. 3-99. ref:agmemol0 RESOLUTION NO. 3-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, by Ordinance No. 46-85 adopted by the City of Delray Beach, the City Commission of the City of Delray Beach, Florida, created the Delray Beach Community Redevelopment Agency; and WHEREAS, pursuant to Section 163.370 (1) (e) (2), Florida Statutes, the Delray Beach Community Redevelopment Agency possesses the power to acquire by gift, purchase or eminent domain any real property within the community redevelopment area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has been requested by Resolution No. 98-6, adopted by the Delray Beach Community Redevelopment Agency, to authorize the acquisition in fee simple by gift, purchase or eminent domain, of certain property described therein; and WHEREAS, Section 163.370 (1) (e) (2), Florida Statutes, further provides that a community redevelopment agency may not exercise any power of eminent domain unless the exercise has been specifically approved by the governing body of the municipality which established the agency; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to approve or authorize the acquisition of the property hereinafter described bY the Delray Beach Community Redevelopment Agency by gift, purchase or eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Delray Beach Community Redevelopment Agency is hereby authorized to acquire fee simple title by gift, purchase or eminent domain that certain property more specifically legally described as follows: Lot 9, Revised Plat of Block 36, according to the Plat thereof recorded in Plat Book 5, Page 38 of the Public Records of Palm Beach County, Florida Section 2. That this resolution shall take effect immediately upon passage. PASSED g2Xl'D ~OPTED in regular session on this the 5th day of January, 1999. ATTEST: -- ~ity Cl~k - - 2 - Res. No. 3-99 N.W. 3RD ST. N.E. 3RD ST. MARTIN LUTHER KING JR. DRIVE N.W. 2ND ST. N.E. 2ND ST. CITY ~ I ~ HA~L > N.W. ~$1 ST. N.W. 151 ST. N.E. 1SI' ST. · ~ COMMUNITY ~ ~ -- I CENTER FIRE STATION TENNIS OLD ~ SQUARE ATLANTIC AVENUE HOUSE S.W, 1ST ST. S.W. 181 ST. S.E. IST ST. ROLLE PROPERTY CITY OF DELRAY BEACH. FL PLANNING & ZONING DEPARTMENT -- Ol¢lT~l. 8AS£ M,4P SYEI'£1~ -- MAP REF: Lt~3t4 A RESOLUTION OF THE BOm OF CO ISSION RS OF DEnY BEACH CITY OF DELRAY BEACH TO AUTHORIZE THE ACQUISITION IN FEE SIHPLE TITLE BY GIFT, PURCHASE OR EMINENT DOMAIN OF CERTAIN PROPERTY HEREINAFTER DESCRIBED, FINDING THAT SAID PROPERTY IS NECESSARY FOR THE PUBLIC PURPOSE OF REDEVELOPMENT IN ACCORDANCE WITH THE COMMUNITY REDEVELOPMENT PLAN; AND FOR OTHER PURPOSES. WHEREAS, the Delray Beach Con~nunity Redevelopment Agency has duly adopted a Community Redevelopment Plan for the area within its jurisdiction; and WHEREAS, as part of its Community Redevelopment Plan, (the "Plan"), the Cofmnunity Redevelopment Agency has established goals and objectives with respect to the revitalization of the downtown business district and the encouragement of new Commercial activities within the community redevelopment area; and WHEREAS, the City Commission of the City of Delray Beach is in the process of approving a modification to the Community Redevelo~xnent Plan to provide for, among other things, the Mount Olive Redevelopment Project to encompass the real property described as: Lot 9, Revised Plat of Block 36, according to the Plat thereof recorded in Plat Book 5, Page 38, of the Public Records of Palm Beach County, Florida. WHEREAS, a component of the above described project is the acquisition of lands necessary to facilitate said project; and WHEREAS, the Community Redevelopment Agency has determined that it is in the public's interest to proceed with the acquisition of the properties hereinafter described by gift, purchase, or eminent domain and pursuant to Section 163.370 and Section 163.375 Florida Statutes it is appropriate to request the City of Delray Beach to authorize the Delray Beach Community Redevelopment Agency to exercise the power of eminent domain subject to the Amendment to the Plan as above referred to and to the extent it determines is necessary for the said acquisition of the property described above. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Delray Beach Community Redevelopment Agency that: Section One: The City Commission of the City of Delray Beach is hereby requested upon their final adoption of the modification of the Community Redevelopment Plan as above described to authorize the acquisition of the following parcel of real property legally described above, by gift, purchase, or eminent domain as described in Sections 163.370 and 163.375 Florida Statutes and Chapters 73 and 74 Florida Statutes. The Delray Beach Community Redevelopment Agency shall acquire fee simple title to said properties following the delegation of the above described power of eminent domain by gift, purchase, or eminent domain. Section Two: The Board of Comissioners of the Community Redevelo~nent Agency hereby determines that it is necessary to acquire the property described above pursuant to its Community Redevelopment Plan and more particularly the Mount Olive Redevelopment Project as contained therein. Section Three: This Resolution shall take effect immediately upon passage. CO~D~VELOPMENT AGENCY MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY M/~AGER~ SUBJECT: AGENDA ITEM ~.~'- REGULAR MEETING OF JANUARY 5, 1999 RESOLUTION NO. 4-99 DATE: DECEMBER 29, 1998 This is a resolution assessing costs for abatement action required to remove nuisances on fourteen (14) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 4-99. ref:naagmemo RESOLUTION NO. 4-99 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 ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty- two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1999. MAYOR ATTEST: City Clerk COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES pROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRAY, S 1/2 OF LOT 6, BLOCK 30, ETHEL MACKEY $ 59.00 PB 1, P 3, PUBLIC RECORDS OF PALM BEACH C/O SHIRLEY M. WALLACE 70.00 ADM. FEE COUNTY, FL 1120 NW 64TM STREET (129 SW 5TM AVENUE) MIAMI, FL 33150-4231 RIDGEWOOD HE1GHTS DELRAY, LOTS 1 & 2/LESS VALENTINE GABALDON & $51.00 N 15 FT RD R/W, BLOCK B, PB 14, P 44, PUBLIC FRANCES GABALDON 70.00 ADM. FEE RECORDS OF PALM BEACH COUNTY, FL 321 DATURA STREET (702 SW l0TM STREET) WEST PALM BEACH, FL 33401 TOWN OF DELRAY, N 58 FT OF S 312.12 FT OF IVERSON LASTER $59.00 E 135 FT, BLOCK 10, PB 1, P 3, PUBLIC RECORDS PB BOX1225 70.00 ADM. FEE OF PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33425 (NW 6TM AVENUE) DELL PARK, LOTS 3 & 4, BLOCK 8, PB 8, P 56, RICHARD A. COURT, EST $59.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL C/O MONT COURT 70.00 ADM. FEE (1012 NE 3aD AVENUE) 584 SOUTH 700 WEST PAYSON, UT 84651 OSCEOLA PARK, LOT 14, BLOCK 104, PB 3, P 2, EMILE FLEURANTIN & $ 49.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL CHARLANTE FLEURANTIN 70.00 ADM. FEE (341 & 343 SE 4TM AVENUE) 343 SE 4TM AVENUE DELRAY BEACH, FL 33444 RESUB OF S 1/2 OF BLOCK 38 & N 1/2 OF BLOCK SHIRLEY T. WILLIAMS & $59.00 39, DELRAY BEACH, LOT 13, BLOCK 38, PB 1 I, P 34, O.B. THOMAS 70.00 ADM. FEE PUBLIC RECORDS OF PALM BEACH COUNTY, FL 816 SW 3Rt~ COURT (222 SW 3R~ AVENUE) DELRAY BEACH, FL 33444 TOURIST NOOK DELRAY, LOT 6, BLOCK A, PB 11, ESTATE OF ORA WALLACE $79.00 P 47, PUBLIC RECORDS OF PALM BEACH C/O ELOISE HUNTER 70.00 ADM. FEE COUNTY, FL 121 NW 11TM AVENUE (239 NW l0TM AVENUE) DELRAY BEACH, FL 33444 NORTHRIDGE, W 1/2 OF LOT 8 & ALL LOT 9, PAUL E. NICOLLS $51.00 BLOCK 6, PB 23, P 168, PUBLIC RECORDS OF 210 SO. SEACREST CIRCLE 70.00 ADM. FEE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (210 SO. SEACREST CIRCLE) 4 Res. No. 4-99 SUB 8-46-43, N 82 FT OF W 147 FT OF E I/2 OF SE 1/4 ROBERT DAME $59.00 OF LOT il (LESS W 25 FT RD R/W), PB !, P 3, 121 NANTASKET AVENUE #402 70.00 ADM. FEE PUBLIC RECORDS OF PALM BEACH COUNTY, FL HULL, MA 02045-3173 (NWIsT AVENUE) TROPIC ISLE 3aD SECTION, LOT 313, PB 23, P 37, MARK W. BODE $45.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 920 EMERALD ROW 70.00 ADM. FEE (936 GARDENIA DRIVE) GULF STREAM, FL 33483 DIALYSIS CENTER OF DELRAY BEACH, ALL OF FOUNDATION EQUITY, INC. $250.00 PLAT (LESS TRS A & B) 12118 NO. LOOP ROAD 70.00 ADM. FEE (2655 WEST ATLANTIC AVENUE) SAN ANTONIO, TX 78216-2709 SUNNY ACRES, LOT 6, BLOCK B, PB 21, P 63, JOSEPH F. CUFFER1 & $57.25 PUBLIC RECORDS OF PALM BEACH COUNTY, FL KAROL I. CUFFERI 70.00 ADM. FEE (1127 POINSETTIA DRIVE) 7330 HEATHLEY DRIVE LAKE WORTH, FL 33467-7729 BOCA ISLE COND COMMON AREA, PB 4108, P 1121, BOCA ISLE CONDO $32.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL ATTN: JULIE BROWN, PRES/DIR. 70.00 ADM. FEE (3275 FREDERICK BLVD.) 55 TROPIC ISLE BLVD. DELRAY BEACH, FL 33483 TOWN OF DELRAY, N 50 FT OF S 240 FT OF E 135 SETH LARRABEE $51.00 FT OF BLOCK 21, PB 1, P 3, PUBL1C RECORDS OF 37 SW 5TM AVENUE 70.00 ADM. FEE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (32 SW 5TM AVENUE) VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. Res. No. 4-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF JANUARY 5, 1999 SERVICE AUTHORIZATION #4/SLATTERY & ROOT ARCHITECTS (PARKS MAINTENANCE COMPOUND EXPANSION) DATE: DECEMBER 30, 1998 This is before the Commission to approve Service Authorization #4 in the amount of $21,150.00 with Slattery & Root Architects for professional services related to the expansion of the Parks Maintenance compound. The project is located at the municipal complex on South Swinton Avenue. The scope of services includes the development of a master plan for the building expansion, associated parking and site improvements, preparation of bid and construction documents, and construction administration. This project was approved in the Capital Improvement Program for design in 1999 with construction to follow in 2000. Funding will be from 334-4131-572-62.10 (General Construction Fund - Parks & Recreation/Buildings). Recommend approval of Service Authorization #4 with Slattery & Root Architects. ref:agmemol4 Agenda Item No. AGENDA REQUEST Date: December 30, 1998 Request to be placed on: X Regular Agenda ~ Special Agenda __ Workshop Agenda When: January 51 1999 Description of item (who, what, where, how much}: Staff requests the City Commission approve Service Authorization #4 to Slattery and Root Architects, in the amount of $21,150.00 for the development of a master plan and contract documents, for the building expansion and site improvements to the Parks Maintenance Compound. Services include preliminary design through construction administration. Funding is available from 334-4131-572-62.10, General Construction Fund, Parks & Recreation/Buildings. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve Service Authorization #4 to Slattery and Root Architects in the amount of $21,150.00 for consultant services in developing DmeaI ta~trmP le~iSh efO~i hs ie~ nrnaPt ru~ m~2/.~~i~om pound. Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r~d on all items involving expenditure of 5;rods): Funding available~YEj,,,,,,,~O ___ Funding alternative~f applicable): Account No. & Description 334-4131-572-62.10 General Cnstrctn Fund, Parks &Rec, Buildings Account Balance .,~',~Z~./),"JO. ~-r2 ~ ~ /~/~ '~ City Manager Review: ~ ~. ~ ~ ~ ~ ~ ~ . ~ A.. ove a[en a: L Agenda Coordinator Review: ~ Received: Placed on Agenda: Action: Approved/Disapproved s:~...~99032~greq0105 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager . /'] From: Victor Majten¥'~//~ Assistant Construction Manager Date: December 30, 1998 Subject: AGENDA REQUEST for 01/05/98 Parks Maintenance Compound Expansion Project No. 99-032 Attached is an Agenda Request for City Commission to approve a Service Authorization for consulting services in developing plans and construction documents for the expansion of the Parks Maintenance Compound. The improvements would include an expansion of the existing building by approximately 3,500 sf with associated site improvements. This Service Authorization ~4 is to Slattery and Root Architects, for $21,150.00 for providing services including preliminary design, fin, al design, contract documents, and construction administration. A copy of the Service Authorization is attached for your review. Staff recommends City Commission approve Service Authorization #4 to Slattery and Root Architects in the amount of $21,150.00 for consulting services in developing plans and specifications for the expansion of the Parks Maintenance Compound. Funding is available from 334-4131-572-62.10, General Construction Fund, Parks & Recreation/Buildings. cc: Joe Weldon, Director of Parks and Recreation Randal Krejcarek; City Engineer Howard Wight, Deputy Director of Construction File 99-032 (A) s\...\99032\agmem0105 SLATTERY & ROOT ARCHITECTS EXHIBIT A CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. q CITY P.O. No. CITY EXPENSE CODE TITLE: Expansion of the existing Parks and Recreation Building and Associated Site Improvements This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. I. PROJECT DESCRIPTION A proposed expansion of the existing Parks and Recreation Building of approximately 3,000 to 3,50C S.F., associated parking and site improvements. The project is located at the City's existing Municipal/Water Treatment Complex. II. SCOPE OF SERVICES: PHASE I: Conceptual design of the site plan, building floor plans, and building elevations. 1098 N.W. Boca Raton Blvd. · Boca Raton. FL 33432 · (561) 392-3720 · FAX (561) 392-1399 · Palm Beach Gardens Office (561) 775-1334 Lic # AA C001011 PHASE I1: Preparation of a complete package for submission to the City of Delray for SPRAB approval to include the following: detailed architectural site plan, floor plans, rendered colored building elevations and landscape design. Provide coordination and representation at private meetings and public hearings with city staff and review boards to obtain final SPRAB approval. PHASE II1: · Prepare a complete set of architectural construction documents. · Structural engineering. · Mechanical, electrical, plumbing engineering · Final landscape design (for modified areas). · Provide coordination and communications with general contractors bidding on this project, and assist city with selection and negotiation. PHASE IV: · Eight (8) site visits during construction. · Review of shop drawings and submittals by all disciplines. · Coordination with contractor and review of applications for payment. III. FEES: PHASE I: Based on the above scope of services for Phase I, the fixed fee for our professional services will be Two Thousand Five Hundred Dollars ($2,500.00). PHASE I1: Based on the above scope of services for Phase II, the fixed fee for our professional services will be Two Thousand Eight Hundred Fifty Dollars ($2,850.00). PHASE II1: Based on the above scope of services for Phase III, the fixed fee for our professional services will be Nine Thousand Seven Hundred Fifty Dollars ($9,750.00). PHASE IV: Based on the above scope of services for Phase IV, the fee for Task IV will be a fixed fee of Five Thousand Two Hundred Fifty Dollars ($5,250.00). Any services extending beyond those described will be performed on an hourly basis. If the scope of the project or the services are changed materially, the amount of compensation will be adjusted accordingly. All work will be billed monthly and in proportion to services performed. All blueprint reproduction will be billed at $2.00 per sheet. All specialty printing (sepias, mylars, etc.) will be billed at 1.2 times our cost. Computer plots will be provided for $15.00 per plot. Maximum budgeted amount will be Eight Hundred Dollars ($800.00). This amount will not be exceeded without prior written authorization from client. Civil engineering services to be provided by client. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date Date: ~ ,,, Jay Alperin, Mayor With'ess Attest: Attest: B,e. fore ME, the forgoina instrument, this ~),.l£~day of ~199~..., was acknowledged b~z z,.,~. ~/.,_,~ ~ on behalf of the~rpor~on ansaid J~ M ~n~ ~ ~m CC787181 person executed the same free and ~~ ~, ~ voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and. State aforesaid this c~/'~'' day of,.O~~, 1998. Notary Public State of Florida My Commission Expires: c:~contracts',delray8 [lTV' DF DELRRV BEI:IEH CITY ATTORNEY'S OFFICE ~oo ~w ~ ^~,~. ~.^.~.~^~.. ~o~,~^ ~.. TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali. America City MEMORANDUM '~ll'~....' DATE: December 11, 1998 ~ 993 TO: City Commission FROM: R. Brian Shutt, Assistant City Attorney SUBJECT: Rhodes Villa Avenue and White Drive Drainage Improvements Acceptance of Drainage Easement and Right of Entry. &greement The City's Engineering Department is planning to upgrade the drainage outfall pipe along the west side of 1024 White Drive. Mr. Thomas Feitkenhauer has executed the Easement Deed for the ten foot drainage easement and the Right of Entry/License Agreement. Acquisition of the easement will allow the City to replace the existing pipe. There is currently no easement on the property, thus the acquisition of an easement is necessary. At this time, if the City Commission desires, it should accept the ten foot easement from Mr. Feitkenhauer. The Right of Entry/License Agreement should also be approved. If you have any questions, please call. RBS:smk Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk rhode s 1 Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beacl~, Florida 33444 PC #12-43-46-21-15-000-0230 EASEMENT DEED THIS INDENTURE, made this ~ day of~.~an4o , 199~, by and between TItOMAS FEITKENHAUER c/o Boca Home Rentals, withda mailing address of 33 S.E. 7th Street, Suite K, Boca Raton, Florida 33432, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of I00 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the seco~nd part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, tl~ough and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: See Exhibit "A" Concomitant and coextensive with this right is the fuOtter right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kited of construction or improvements upon the above-described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS # 1: : PARTY OF THE/FA~ P~ART ~f_Lra&,,~,e/,/~e~. A. ~c~ By: (namewiTNEssP~inted//2: or typed) / /Tho/~enhauer ! (name printed or typed) STATE OF FLORIDA The foregoing instrument was acknowledged before me this ~ day of , 199'~ by'~_.t~tg.~ P~-/~_.t~t~'F- (name of ommr or agent, title of ( of, (name o[ co~oration ac~owledging), a ffio~,'d~ (state or place of incorporation) co~oration, on ~half of the corporation. He/~ is perso~lly ~own to me or has produced ff~ ~ ]tcen~c a~5~ (type of identification) as identification and did (did not) take an oa~. ~gnat~ke of Nola~ ~blic - s~te of Florida FEITKEH.AGT INCORPORATED L A N D $ U R V E Y O R S 2dec97 EASEMENT D~.~CRIPTION The East 5.00 feel of lhe following described Pa~ml of Land: LOT 23, DEl,RAY B£ACH SHORES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 167 OF THE PUBLIC RECORDS OF PALM BF. ACH COUNTY, FLORIDA. Subject to essements, restdctions, reservation.% co~flants and ri~hts-of-way of record. I hereby ce~Jfy that Ibis Easement Description and Graphic Depiction is tnm and correct lo ~he best of my knowled~ and belief, based on a field Survey performed under my dit~t supervision on 17nov97; and that said Description and Depiction conforms to th~ Minimum Technical Standards set forth by the Florida Board of l~ofessional Surveyors and MaM~rs in Chapter 61(317-6, Florida ^dministmtlve Code pursunnt to Section 472.027, Florida Stntutes. IV'umuel A. Gl~J~ Professionnl Surye~ & l~apper .. . Fin. l~& # 4102 Page I of 2 EXHIBIT 101S.F..6~hAv~nue · l~lrayBenr, h, Florld~5~483 · 561.276;7341 F~:276.73t14 LOT LINE- L,, EXIS'I1NG ' DRAINAGE UNE o · I o_ .-, -- I 115' STA T£ ROAD A..- 1_.A Page 2 of g RIGHT OF ENTRY AND LICENSE AGREEMENT FOR DRAINAGE CONSTRUCTION PROJECT: Rhodes Villa Avenue & White Drive Drainage Improvements PROJECT NO. 98-001 PARCEL NO. 12-43-46-21 - 15-000-0151 PROPERTY OWNER: Thomas & Evy Feitkenhauer 1024 White Drive Delray Beach, Florida 33483 THIS AGREEMENT entered into this ~ day of , 19 , by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CI~Y), and THOMAS FEITKENHAUER and EVY FEITKENHAUER, referred to as (OWNER), provides as follows: WHEREAS, the CITY desires to complete stormwater drainage improvements associated with the above-named project, which is located at the property described below; and, WHEREAS, the CITY has determined that the improvements are necessary to protect the public health, safety and welfare; and, WHEREAS, in order to complete said stormwater drainage construction, it is necessary for the CITY to enter upon and perform various construction tasks on the following described property: See Attached Exhibit "A" and; WHEREAS, as part of this project, the CITY will return the disturbed area to like or better condition than prior to construction. Page I of 3 NOW, THEREFORE, in witness of the above and in consideration of the CITY agreeing to conduct the aforesaid restoration, OWNER hereby grants unto the CITY, their employees, agents, contractors, sub-contractors, and/or assigns the license the right to enter upon said land of OWNER for the purpose of constructing the project. 1. The above-stated recitals are incorporated herein as if fully set forth herein. 2. It is further agreed that the license and rights granted herein shall Cease upon completion and finalization of the contract which said work is performed. 3. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. OWNER . WITNESSES: (Name P~inted or Typed) - ' (Name Printed o~ Typed) cOUnTY OF 9o. The foregoing instrument was acknowledged before me this ~. day of~~t~l,~ 19~J~ by ~-/'/t~o~',.x ~t~'~t.n/}tt~,~' (name of person acknowledging), who personally known to me or who has produced driver~ L~ ]trt~5~. ~- (type of identification) as identification and who did (did not) take an oath. Si~ture~f Notary Public ;<~ ~__~v ~o,.. Jacqa~lin~ ^. Wood ~ '*o~*qJ My COmmission Exp. 2ti/lO01 ~ Page 2 of 3 ~,~..~.?.~r~.~o'-,~.~i~,co. }~ WITNESSES: OWNER 7.d~adJav e).ia A. ~oc~¢t~ Ev~Oeitkenhaue~- ~ Crimed or Typed) OF, CO~TY OF ~¢~ ~a c~ The foregoing instrument was acknowledged before me this ~. day of 19~ by gE,/,/ i;'~'C~IOt4Pc~g.__. (name of person acknowledging), whoOis personally knox~n to me or who has produced clr~;,r':; ~ item Kc.. ~ (type of identification) as identification and who did (did not) take an oath. {~n ~ ~ ~ ~o*~v ?fir._ Jacqueline A. Wooa t~l S~nature~fNotary Public :,) :~,,_W'~t~.g Commission No CC 61 ! 081 i<' o~ My Com'm~ssion Exp. 2/I/2001 ~ ( 9onded "ll'a'ou~h Fla. Nola~ $ervi~ '- ...... "'~~393~3~;3Y,3~37/5~;,,.,.5~ CITY OF DELRAY BEACH, FLORIDA By: ATTEST: Jay Alperin, Mayor City Clerk Approved as to Form: (~p--City Attorney feitken.agt Page 3 of 3 2dec97 EASEMENT DESCRIPTION The East 5.00 feet of the foHowinl~ described Pamel of Land: LOT 23, DFI.RAY BEACH SHORES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 167 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Subject to easements, t~lfictions, resen~tions, covennnts and fights-of-way of record. CERTWICATiON I hen~by certify that this Easement Description and Graphic Depiction is trim and correct to the best of my ~owledge and bell~ based on a field Survey .. performed under my direct supervision on 17noO7; and that said Description and Depiction conforms to the Minimum Technical Stnndntds set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61G17-6, Florida Admir. istmtlve Code pursuant to Section 472.027, Florida Stntutes. M~a~l A. Professional 5urve~ & Mapper Fin. Reg. # 4102 · Page I of 2 EXHIBIT 101S.E. 6thAvenue · DelrayBeach, Florida 33483 · 561.276';7341 FAX:276..7344 II~ ~ 0 0 '-r- LOT LINE 77 2 /7 P 7 /7 I ~ EXISnNG ' DRAINAGE LINE I ' Iota + 115' ?: Page 2 of 2 [ITY OF DELRI:IY BEI:IEH CITY ATTORNEY'S OFFICE ~oo ~ ~, ^~. ~^~.~^~., ~o~,~^ ~.. TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 DELRAY BEACH F L 0 R I D A Ali.America City MEMORANDUM '~lJ~''''! DATE: Decemberll, 1998 ~ 993 TO: City Commission FROM: R. Brian Shutt, Assistant City Attorney SUBJECT: Rhodes Villa Avenue and White Drive Drainage Improvements Acceptance of Drainage Easement and Right of Entry. Agreement The City's Engineering Department is planning to upgrade the drainage outfall pipe along the west side of 1015 Rhodes Villa Avenue. Mrs. Christine Murray has executed the Easement Deed for the ten foot drainage easement and the Right of Entry/License Agreement. Acquisition of the easement will allow the City to replace the existing pipe. There is currently no easement on the property, thus the acquisition of an easement is necessary. At this time, if the City Commission desires, it should accept the ten foot easement from Mrs. Murray. The Right of Entry/License Agreement should also be approved. If you have any questions, please call. RBS:smk Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk rhodesl Prepared by: RETURN: David N. Tolees, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PC # ! 2-43 -46-21 - 15-000-015 ! EASEMENT DEED THIS INDENTURE, made this ~t ~} day of )Lt)q,~.~r- , l~,~by and between CHRISTINE MURRAY, with a mailing address of l~i 5 Rhodes Villa Avenue, Delray Beach, Florida 33483, party of the first part, and the CITY OF DELRA¥ BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: W~TNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the secon~d part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of.' installation and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as eXpressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include tile successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS~ PARTY OF THE FIRST PART (name printed or typed) By: C"'h~istin-e'l~lurray- ' ~)- /~J~ ' WITNESS #2: (name printed or typed) STATE OF FLORIDA COUNTY OF ~_\ The foregoing imtrument was acknowledged before me this ~,~. day of ~ ~x~ , · ~by ~X~'~ ~x~ (name of person ac~owledging), who is personally ~own to me or who has produced ~C ~rX~LX~(~pe of identification) as identification and who did (did noO take an oa~. ,~s~. ~ ~. ,.. ~,~ Signamre~om~ ~blic - ~mte MURRAY.DED 2 SOUTH, INCORPORATED S U R V E Y O R S 2dec97 KASEMENT DESCRIPTION for #1015 Rhodes-V'dla Avenue, Delray Beach, FL. The East 5.00 feet nfthe following described Parcel of Land: THE EAST 45 FEET OF LOT 15 AND THE WEST 45 FEET OF LOT 16, DELE.AY BEACH SHORES, ACCORDING TO THE PLAT THERE., AS RECORDED IN PLAT BOOK 23, PAGE 167 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Subject to ea~ments, restrictions, reservations, covenants nnd fights-of-way of record. CERTIFICATION I hereby certify that this Easement Description and Graphic Depiction is trt~ and correct to the best of my knowledge and belief, based on a field Survey performed under my direct supervision on 17nov97; and that said Description nnd Depiction conforms to the Minimum Technical Standards set forth by the Florida Board qf Professional Surveyors and Mappers in Chapter 61G17-6, Florida Administrative Ced~ pursuant to Section 472.027, Florida Statutes. Prnfessional~or & Mapper Fla. Reg. # 4102 Page I of 2 EXHIBIT "A~ 101S.E. 6thAvenue · DelrayBeach, Floricta33483 · ~1.276:7341 FAX:276..73~4 o. West Line of Lo[ 15 I (.~ r- ~z~ Z LOT UNE~ / ~ ~o~ ~,~o 25' East Line of Lot 17 P~ 2c~ 2 RIGHT OF ENTRY AND LICENSE AGREEMENT FOR DRAINAGE CONSTRUCTION PROJECT: Rhodes Villa Avenue & White Drive Drainage Improvements PROJECT NO. 98-001 PARCEL NO. 12-43-46-21-1 $-000-0151 PROPERTY OWNER: Christine Murray 1015 Rhodes Villa Avenue Delray Beach, Florida 33483 THIS AGREEMENT entered into this ~ day of , 19 ..., by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CIT~Y), and CHRISTINE MURRAY, referred to as (OWNER), provides as follows: WHEREAS, the CITY desires to complete stormwater drainage improvements associated with the above-named project, which is located at the property described below; and, WHEREAS, the CITY has determined that the improvements are necessary to protect the public health, safety and welfare; and, WHEREAS, in order to complete said stormwater drainage construction, it is necessary for the CITY to enter upon and perform various construction tasks on the following described property: See Attached Exhibit "A" and; WHEREAS, as part of this project, the CITY will return the disturbed area to like or better condition than prior to construction. Page I of 3 NOW, THEREFORE, in witness of the above and in consideration of the CITY agreeing to conduct the aforesaid restoration, OWNER hereby grants unto the CITY, their employees, agents, contractors, sub-contractors, and/or assigns the license the right to enter upon said land of OWNER for the purpose of constructing the project. 1. The hbove-stated recitals are incorporated herein as if fully set forth herein. 2. It is further agreed that the license and rights granted herein shall cease upon completion and finalization of the contract which said work is performed. 3. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. WITNESSES: OWNER · . _ Print Name:' (Name Printed or Typed) (Name Printed or Typed) ST^TI OF CO~TY OF ~ ~ The foregoing instrument was acknowledged before me this 2-1 day of ~ua~ux ~- , 19c~f by Q.~,,t'~ak~x~ 'x'rxtn~ (name of person acknowledging)3, who is personally known to me or who has pr~'duced ~k_ X) r; oa va U~ t~(~pe of identification) as identification ~d who did (did not) t~e ~ oath. Page 2 of 3 CITY OF DELRAY BEACH, FLORIDA By: ATTEST: Jay Alperin, Mayor City Clerk Approved as to Form: City Attorney murtay.agt Page 3 of 3 SOUTH, INCORPORATED $ U R V E Y O KASEMENT DF~qCRIFflON for#10IS Rhodes-Villa Avenue, ~ ~k ~. ~e ~ 5.~ f~ ~e foH~g ~~1 ~ E~T 45 ~ OF ~ 15 ~ ~ ~ST 45 ~ OF ~ 16, D~Y B~ SHO~S, ACCO~G ~ ~ ~AT ~F, ~ ~CO~ ~ ~AT B~K 23, PA~ 167 OF ~ P~LIC ~~S OF P~ B~ CO~, Su~ to ~men~ ~o~ ~fio~, ~~ ~d fi~f-~y of~ CER~CA~ON I h~ ~ ~t ~ ~t ~on ~d Gnp~c ~on h ~ ~d ~ to ~e ~ of ~ ~1~ ~d ~Hd, ~ on a field S~ ~ffo~ ~r ~ ~ ~on on 17~; ~d ~t ~d ~d ~on m~om to ~e ~mm T~ S~ ~t fo~ ~ ~e Hofi~ ~ ~f~o~ S~o~ ~~ in C~r 61G17~, // ~o~~r & ~r ~. ~g ~ 4102 Page I of 2 EXHIBIT "A" lOl$.E. 6thAvenue · Delr~Be~c.h, Flotida55485 · 561. 276 ~ 7341 FAX:27q.7344 ' West Line of Lot 15 S ~- , o~ m~ / o LOT LINE~ 7~~~~~/~~~~7 · DRAINAGE LINEO~ S ~ I Eost Line of Lot 17 P~ 2~ 2 [lTV OF DELRI:IY BEflEH CiTY ATTORNEY'S OFFICE TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali.America City MEMORANDUM lll~l~1111~ DATE: December23,1998 1993 TO: City Commission David T. Harden, City Manager FROM: Jay T. Jambeck, Assistant City Attorney~ SUBJECT: License Agreement for use of Pompey Park by the Delray Beach Academy. Attached is a License Agreement for use of the facilities at Pompey Park by the Delray Beach Academy (the "Academy") for a charter school. The Academy seeks to establish the charter school to educate and to impart a sense of confidence and responsibility to at risk youth. The Agreement allows the Academy to use specified facilities at Pompey Park between the hours of 7:30 a.m. and 2:00 p.m., Monday through Friday, excluding school holidays and subject to the City's use of the facilities. The term of the Agreement is from January 15, 1999 to June 15, 1999. Renewal of the Agreement is not contemplated at this time as the Academy intends to procure permanent facilities at a location not owned by the City. The Academy has agreed to hold the City harmless from any liability which might arise from the activities of the charter school. In addition, the Academy is required to have a comprehensive insurance policy by the Palm Beach County School Board and will name the City as an additional insured on the policy. Attachment cc: Alison Harty, City Clerk Joe Weldon, Director of Parks & Recreation Susan Ruby, City Attorney Pompey-memo.jO LICENSE AGREEMENT FOR USE OF POMPEY PARK THIS AGREEMENT ("The Agreement") is made this day of , 199__ by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "City"), and DELRAY BEACH ACADEMY, INC., a Florida not-for-profit corporation ("DBAI"). WITNESSETH: WHEREAS, DBAI has requested use of the auditorium at Pompey Park for establishing and running a Charter School for approximately 60-80 students, granted to DBAI pursuant to Section 228.056, Florida Statutes and by agreement with the Palm Beach County School Board; and WHEREAS, DBAI seeks to establish the Charter School to identify and recover at risk youth by custom-designing a curriculum that strives to increase their academic achievement and encourages students to become informed and productive citizens; and WHEREAS, DBAI requires a temporary location for the Charter School until such time as more permanent facilities can be procured; and WHEREAS, the City has determined that the auditorium at Pompey Park is available for use by DBAI during the hours of 7:30 a.m. to 2:00 p.m., Monday through Friday for a term beginning January 15 and ending June 15, 1999; and WHEREAS, DBAI has stated that the Charter School will not adversely affect the City's operations conducted at Pompey Park. NOW THEREFORE, in consideration of the sum of One Dollar ($1.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and the recitals are hereby incorporated as if fully set forth in this Agreement. 2. Auditorimn at Pompey Park. The City agrees to allow DBAI to use the auditorium at Pompey Park and other facilities as agreed to herein for the sum of one (1) dollar and solely for the purpose of operating a Charter School for the term of this Agreement. 3. City's Use of Facilities. In the event that the City requires use of any facilities associated with Ponlpey Park during the time period in which DBAI is entitled to their use, the City shall endeavor to notify DBAI within a reasonable time prior to the City's required use and DBAI shall temporarily vacate the auditorium or refrain from using a particular facility for the time period required by the City. However, during such period of use by the City, DBAI shall be allowed to use facilities at Pompey Park to which it is entitled to use under this Agreement so long as the use does not conflict with use by the City and is approved by the Supervisor of Pompey Park. 4. Cancellation of Agreement. The City reserves the right to revoke this license with thirty (30) days written notice in the event that DBAI materially fails to comply with the provisions of this Agreement, including but not limited to compliance with all laws, rules and regulations, or in the event that DBAI's Charter is revoked. 5. Term of Agreement. The term of this Agreement shall begin upon January 15, 1999 and shall end upon June 15, 1999, subject to the termination rights of the City set forth at paragraph 4 of this Agreement. DBAI shall be entitled to use the auditorium and facilities as set forth in paragraph 6 between 7:30 a.m. and 2:00 p.m., Monday through Friday, excluding legal Holidays as determined by the Palm Beach County School Board, and subject to the City's use of the facilities as set forth at paragraph 3 and the general restrictions of this Agreement. 6. DBAI's Use of Facilities. During the time period in which DBAI is entitled to use the auditorium facilities, and subject to the other provisions of this Agreement, DBAI shall be entitled to use of the auditorium proper, as well as the following facilities: (A) Kitchen Facilities. DBAI may use the kitchen facilities associated with the auditorium. However, DBAI shall use the kitchen facilities only to warm pre- cooked food. DBAI shall restore the kitchen facilities to a state of reasonable cleanliness after each use. (B) Parking Facilities. DBAI shall be granted space in the Pompey Park parking lot for up to six (6) vehicles. If DBAI requires parking to accommodate more than six (6) vehicles, DBAI must have the written consent of the City prior to parking such vehicles in the Pompey Park parking lot. (C) Pool Facilities. DBAI may use the pool facilities located adjacent to the auditorium upon approval by the Supervisor of Pompey Park at times mutually agreeable to both parties. The City shall provide lifeguard services. (D) Other Recreational Facilities. DBAI may use other recreational facilities located at Pompey Park during the time period set forth in this Agreement so long as the particular recreational facility is not being used by the City at the time DBAI desires use of the facility and after approval is obtained by the Supervisor of Pompey Park. If a conflict arises, DBAI shall use alternate facilities. 7. Bicycle Facilities. DBAI may install bicycle parking facilities in an area adjacent to the auditorium. However, DBAI must obtain the prior written consent of the City as to the location and number of bicycle parking facilities to be installed. At the expiration of the term, DBAI shall remove the bicycle parking facilities and restore the location to its original condition. However, if the City determines that the bicycle parking facilities shall remain at Pompey Park then the City shall notify DBAI no less than thirty (30) days prior to the end of the term of this Agreement that the bicycle parking facilities shall remain at the designated site. After receiving such notification, DBAI shall not remove the bicycle parking facilities. 8. Janitorial Services. DBAI shall, at its own expense, provide janitorial services to maintain the auditorium proper, the kitchen facilities and all other areas consistently used by DBAI, in a condition of reasonable cleanliness and shall pick up all litter and debris that results from DBAI's use of any facility within Pompey Park. The City shall provide regular janitorial services for all other areas at Pompey Park. 9. Telephone Services. If DBAI desires telephone services, DBAI shall have such telephone services installed and shall pay any and all expenses related to the installation, service and maintenance of the telephone services, and the City shall not be held responsible for any amount thereof. 10. Equipment. Any equipment required or utilized by DBAI including, but not limited to, tables, chairs, desks, blackboards, computers, monitors, and televisions, are the sole responsibility of DBAI. DBAI shall be responsible for the repair or replacement of any equipment it utilizes or provides, including the theft thereof. DBAI shall set up and take down all equipment it utilizes in a manner so as to not interfere with any City activities. If any equipment owned or utilized by DBAI is not taken down or is stored in a manner that interferes with City activities, the City may require DBAI to place the equipment in an appropriate storage ~area. In the event that DBAI fails to remove and store any equipment that it owns, the City may undertake to store such equipment, and the City shall not be liable for any damage or loss resulting to DBAI's equipment from such storage. 11. Security. The City shall provide no security services other than that which it deems necessary to safeguard its facilities at Pompey Park. The City shall not be responsible for providing security for any events or activities undertaken by DBAI or for any other reason be required to provide security services to DBAI. DBAI shall provide all security services it deems necessary to run a safe, orderly operation, but in no event shall DBAI install or cause to be installed any security alarms or systems upon any facility within Pompey Park. 12. Damage to City Property. DBAI shall reimburse the City for expenses incurred in replacing, repairing or restoring any City property damaged, destroyed or defaced by DBAI, its agents, employees, or any other person associated with DBAI, including but not limited to students and parents of students. Damage may include, but is not limited to, graffiti, scratch marks, or carving marks. 13. Transportation. Any transportation services required by DBAI shall be procured by DBAI. The City shall not provide vehicles for the use of DBAI. 14. No Other Services Required. Other than the facilities provided by the City, as set forth in this Agreement, the City is not responsible for providing any other facilities, services or supervision to DBAI. 15. Agreement does not Constitute Joint Venture. This Agreement is not intended to constitute a joint venture between DBAI and the City. DBAI shall be considered an entity wholly independent from the City for any purpose whatsoever and shall be considered an independent contractor. No act undertaken or failure to act by DBAI shall be imputed to the City for any reason. 16. Insurance. DBAI shall maintain insurance coverage as provided in DBAI's Contractual Agreement with the Palm Beach County School District. DBAI shall name the City as an additional insured on all policies of insurance. 17. Indemnification and Hold Harmless Agreement. DBAI shall indemnify, defend and hold harmless the City and its officers, agents and employees against any and all claims, demands, suits or other forms of liability for any actions that arise solely out of or by reason of the actions, omissions, intentional acts, or negligent acts of DBAI, its officers, employees, agents, ~epresentatives or any other person associated with DBAI, including but not limited to, students and parents of students. 18. Compliance with Laws. DBAI shall comply at all times with applicable federal, state, county and municipal laws, rules and ordinances. Any violation thereof shall be an independent cause for the termination of this Agreement by the City. 19. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 20. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 21. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 22. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, arid permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this __ day of , 199 THE CITY OF DELRAY BEACH, ATTEST: a Florida Municipal Corporation By: City Clerk Jay Alperin Mayor Approved as to form: City Attorney STATE OF FLORIDA ) ) SS: COUNTY OR PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 199 by Jay Alperin, as Mayor of the City of Delray Beach, a Florida municipal corporation, on behalf of the corporation. Notary Public (OFFICIAL NOTARIAL SEAL) State and County Aforesaid My Commission Expires: DELRAY BEACH ACADEMY, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION By: Name Printed: Title: (SEAL) STATE OF FLORIDA ) ) SS: COUNTY OR PALM BEACH ) The foregoing instrument was acknowledged before me this day of ,, , 1996 by , as of , a corporation, on behalf of the corporation. Notary Public (OFFICIAL NOTARIAL SEAL) State and County Aforesaid My Commission Expires: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MJ~AGER~ SUBJECT: AGENDA ITEM--~" - REGULAR MEETING OF JANUARY 5, 1999 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT - BOYS & GIRLS CLUBS OF PALM BEACH COUNTY DATE: DECEMBER 31, 1998 This is before the Commission to approve and authorize execution of a subrecipient funding agreement with the Boys & Girls Clubs of Palm Beach County, Inc. under the FY 1999 Community Development Block Grant (CDBG) program. In accordance with the CDBG Consolidated Action Plan previously approved by City Commission, the Boys & Girls Clubs of Palm Beach County will receive an appropriation in the amount of $50,000.00. These funds are to be used to renovate the Catherine Strong Center which is to be the new site for the club in Delray Beach. Terms and conditions are outlined in the agreement. The agreement has been reviewed and approved as to form and legal sufficiency by the City Attorney. Funding will be from various accounts within the Community Development Block Grant fund. Recommend approval and execution of the subrecipient funding agreement with the Boys & Girls Clubs of Palm Beach County, Inc. for FY 1999. ref:agmemol5 AGENDA REQUEST Request to be placed on: Date: December 8, 1998 xxxx Regular Agenda Special Agenda __ Workshop Agenda Consent Agenda When: January 5, 1999 Description of item (who, what, where, how much): Request for approval to execute 1998-1999 CommuniW Development Block Grant Subrecipient Funding Agreements for Boys and Girls Clubs of Palm Beach County, Inc. and Housing Opportunities Project for Excellence (HOPE), Inc. (Example: Request from Atlantic High School for $2,000 to funds project graduation). ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval to execute 1998-1999 Community Development Block Grant Subrecipient Funding Agreements in order that funding may proceed in accordance with the Commission approved Action Plan for Fiscal Year 1998- 1999. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: City Attorney Review/Recommendation (if applicable):Community Development Block Grant Subrecipient funding Agreements for Boys and Girls Clubs of Palm Beach County, Inc. and Housing Opportunities Project for Excellence (HOPE), Inc. reviewed and approved for legal sufficiency and form. Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved City of Delray Beach Community Development Division MEMORANDUM TO: David Harden, City Manager THRU: Lula Butler, Community Improvement Director J~ FROM: Charles L. Bender III, CD Coordinator C4~ - DATE: December 8, 1998 SUBJECT: 1998-99 Community Development Block Grant Subrecipient Funding Agreements: Boys & Girls Clubs of Palm Beach County, Inc. and Housing Opportunities Project for Excellence (HOPE), Inc. (JANUARY 5, 1999 AGENDA) ITEM BEFORE THE COMMISSION This is to request approval to execute the agreements for the funding of the above listed subrecipients under the 1998-99 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24CFR 570.301 and the Consolidated Planning regulations (Part 91), a Public Hearing was held before the City Commission on August 4, 1998, to obtain public comments on the proposed budget and for the approval of the Community Development Block Grant Consolidated Action Plan for Fiscal year 1998-99. The Action Plan contains appropriations for the agencies as listed above and was approved by the Commission. CDBG Program regulations at 24CFR 570.503 require written agreements prior to the disbursement of funds to subrecipient organizations, specifying the work to be performed and reporting, among other necessary requirements and governing provisions. The agreements have been developed in accordance with the stated regulations and have been reviewed by the City Attorney for legal sufficiency. RECOMMENDATION Staff recommends approval to execute the attached agreements in order that funding may proceed in accordance with the Commission approved Action Plan for Fiscal Year 1998- 99. cc: Barbara Garito, Deputy City Clerk (w/original agreements) AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH BOYS & GIRLS CLUBS OF PALM BEACH COUNTY, INC. THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this FIFTH day of JANUARY, 1999, between the City of Delray Beach, and the Boys & Girls Clubs of Palm Beach County, Inc., hereinafter referred to as "The Club" and/or "Agency", having its principal office located at 800 North Point Parkway, Suite 204, West Palm Beach, Florida, is related to the provision, as per the budget approval by the City Commission on August 4, 1998 and effective October 1, 1998 through September 30, 1999, of $50.000 in Community Development Block Grant (CDBG) funds. These funds are to be used to renovate the Boys & Girls Clubs' Catherine Strong Center. which is to be the new ~ite for the Club upon the following terms and conditions: a.) The Club will retain a licensed general contractor (to undertake the rehabilitation work) through a competitive bid process (as determined appropriate by the City and the CD Division (award to be reviewed and approved by CD Division); and b.) Undertake responsibility for the rehabilitation proceedings and the selected general contractor's work; and c.) Ensure that the CD Division is notified on an on-going basis as to the progress of the scheduled work; and d.) Submit a monthly progress narrative as to the activity's progress (through completion); and e.) Submit requests for reimbursement of expenses following completion and payment of eligible rehabilitation tasks (subject to approval by the CD Coordinator and the Director of Community Improvement); and f.) Ensure that the facility receiving capital improvements will continue to be operated under its intended use (community center for area children ages 6 to 18) for a period not less than ten (10) years (for federal CDBG purposes), or otherwise be subject to recapture provisions. This capital grant amount ($50,000) will be forgiven (forgivable grant) in the amount of $5,000 per year for a ten year period, beginning from the time that the last payment of funds under this contract is reimbursed; and g.) Ensure that the facility (following completion of these improvements) is open/operated so as to be open to the general public(children ages 6 to 18 years of age) during all normal hours of operation (24CFR 570.20 l (c)); and h.) Agree that reasonable fees may be charged for the use of the facilities assisted with CDBG funds, but charges, such as excessive membership fees, which will have the effect of precluding L/M Income persons from using the facilities are not permitted, for a period of ten (10) years as well (24CFR 570.200 (b)(2); and I.) Comply with all other federal monitoring and compliance related issues, such as relevant portions of the Davis-Bacon Act. 1. Definitions: a. "City" means the City of Delray Beach, Florida b. "CDBG" means Community Development Block Grant Program of the City of Delray Beach c. "CD" means Community Development Division (City of Delray Beach) d. "The Agency" means the Boys & Girls Clubs of Palm Beach County, Inc. e. "U.S. HUD means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on U.S. HUD's behalf. f. Low and Moderate-Income Persons" means the definition set by U.S. HUD g. "Federal Labor Standards" means the requirements of Section 110 of the Housing and Community Development Act of 1974 that all laborers and mechanics employed by contractors or subcontractors on construction work financed in whole or in part with assistance received under the Act shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must be Iow and moderate-income persons (as determined annually by HUD for the area). The Agency shall, in a satisfactory' and proper manner as determined by the City, perform the tasks necessary to conduct the proceedings outlined in this agreement and submit requests for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and made a part hereof. Reimbursement requests should accompany all required reports. Disbursements will be released only upon the receipt of each required "request for reimbursement", including all required repons and necessary data (as determined by the City), covering the completed work by the agency's selected general. Payments will be made available within thirty (30) days of receipt of each invoice., following an inspection of the work completed and approval by the CD Coordinator and the Director of Community Improvement. a.) The City and the Club further agree that the City shall: 1 .) Provide $50,000 toward the rehabilitation of the Catherine Strong Center, located at 600 SW 15th. Avenue, Delray Beach; 2.) Provide technical assistance upon request and throughout the contract period to assist the Club in complying with the terms of this contract. This assistance shall include ongoing monitoring for Davis-Bacon and related Acts (Labor Standards); b.) The City and the Club further agree that the Club shall: 1.) Award contracts for the rehabilitation of the Catherine Strong Center by providing appropriate work write-ups, building plans and adequate supervision of construction. Further, the Club shall secure all necessary bonding and accept all liability as it may relate directly or indirectly from the construction, and hold harmless and indemnify the City from all construction related deficiencies and liabilities of whatsoever kind as it relates to the construction and rehabilitation. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 1998 will be processed. All service required hereunder shall be completed by the Agency by September 30, 1999. 4. Subcontracts: Any work or services'subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Community Improvement Director or designee. 5. Records and Reports: The Boys & Girls Club agrees to ensure the submission of all contractor payrolls and itemized pay requests. Prior to bid, the agency shall submit to the Community Development Coordinator a copy of the Bid Specification packet to assure the inclusion of all federal requirements. The Club further agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this agreement. Reimbursement payments will not be released without the submission of the required (complete and accurate) reports to the Community Development Division, and on the resolution of monitoring or audit findings identified. All reimbursements will be processed only following inspection of the work performed (by CD Division staff). The City shall have the right under this agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from September 30, 1999. 6. Program -Generated Income: All income earned by the agency from activities financed by CDBG funds must be reported to the City. In addition to reporting such income, the Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights / Resident Opportunities): The agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 8. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the Community Development Division or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit (on a monthly basis) and at other times upon the request of the City, information and status reports required by the CD Division, the City, or U.S. I-IUD on forms approved by the CD Division to enable the Division to evaluate said progress and to allow for completion of reports required of the City by HUD. The Agency shall allow the CD Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the CD Division or HUD. 9. Audits and Inspections: At any time during normal business hours and as often as the CD Division, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The City will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A- 110, A- 122, A- 133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133. 10. Increased Availability: The intent and purpose of this Agreement is to increase the availability of the Agency's services to the community. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Citizen Participation: The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents and/or clients informed of the activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate representatives of the Agency shall attend meetings and assist in the implementation of the Citizen Participation Plan, as requested by the City. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreements upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the subrecipient agency for services rendered pursuant to this Agreement through and including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44. In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. --- 14. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least two other funding sources (during the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to the CD Division. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (subrecipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 17. Counterparts Of This Agreement: This Agreement contains all of the parties binding representations to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the Community Improvement Director. Agency/Subrecipient:/1)oyS and Girls Clubs of Palm Beach County, Inc~ Signed By: ~ A~/hOrized Agency Official ~ -- ~ WITNESSES: ~ CITY OF DELRAY BEACH, FLORIDA Signed By: Jay Alperin, MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~.~.- REGULAR MEETING OF JANUARY 5, 1999 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT - HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. DATE: DECEMBER 31, 1998 This is before the Commission to approve and authorize execution of a subrecipient funding agreement with Housing Opportunities Project for Excellence (HOPE), Inc. under the FY 1999 Community Development Block Grant (CDBG) program. In accordance with the CDBG Consolidated Action Plan previously approved by City Commission, HOPE, Inc. will receive an appropriation in the amount of $2,000.00. These funds are to be used to provide a minimum of two (2) Housing Industry Provider Education Seminars and two (2) Community Education Sessions for residents of Delray Beach, including school-age children and community organizations. Terms and conditions are outlined in the agreement. The agreement has been reviewed and approved as to form and legal sufficiency by the City Attorney. Funding will be from various accounts within the Community Development Block Grant fund. Recommend approval and execution of the subrecipient funding agreement with Housing Opportunities Project for Excellence (HOPE), Inc. for FY 1999. ref:agmemol6 AGENDA REQUEST Request to be placed on: Date: December 8, 1998 xxxx Regular Agenda __ Special Agenda ~ Workshop Agenda ~ Consent Agenda When: January 5, 1999 Description of item (who, what, where, how much): Request for approval to execute 1998-1999 Community Development Block Grant Subrecipient Funding Agreements for Boys and Girls Clubs of Palm Beach County, Inc. and Housing Opportunities Project for Excellence (HOPE), Inc. (Example: Request from Atlantic High School for $2,000 to funds project graduation). ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval to execute 1998-1999 CommuniW Development Block Grant Subrecipient Funding Agreements in order that funding may proceed in accordance with the Commission approved Action Plan for Fiscal Year 1998- 1999. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: City Attorney Review/Recommendation (if applicable):Community Development Block Grant Subrecipient funding Agreements for Boys and Girls Clubs of Palm Beach County, Inc. and Housing Opportunities Project for Excellence (HOPE), Inc. reviewed and approved for legal sufficiency and form. Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: .(if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda' E~O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved City of Delray Beach Community Development Division MEMORANDUM TO: David Harden, City Manager THRU: Lula Butler, Community Improvement Director j~ FROM: Charles L. Bender III, CD Coordinator ~i~ ' DATE: December 8, 1998 SUBJECT: 1998-99 Community Development Block Grant Subrecipient Funding Agreements: Boys & Girls Clubs of Palm Beach County, Inc. and Housing Opportunities Project for Excellence (HOPE), Inc. (JANUARY 5, 1999 AGENDA) ITEM BEFORE THE COMMISSION This is to request approval to execute the agreements for the funding of the above listed subrecipients under the 1998-99 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24CFR 570.301 and the Consolidated Planning regulations (Part 91), a Public Hearing was held before the City Commission on August 4, 1998, to obtain public comments on the proposed budget and for the approval of the Community Development Block Grant Consolidated Action Plan for Fiscal year 1998-99. The Action Plan contains appropriations for the agencies as listed above and was approved by the Commission. CDBG Program regulations at 24CFR 570.503 require written agreements prior to the disbursement of funds to subrecipient organizations, specifying the work to be performed and reporting, among other necessary requirements and governing provisions. The agreements have been developed in accordance with the stated regulations and have been reviewed by the City Attorney for legal sufficiency. RECOMMENDATION Staff recommends approval to execute the attached agreements in order that funding may proceed in accordance with the Commission approved Action Plan for Fiscal Year 1998- 99. cc: Barbara Garito, Deputy City Clerk (w/original agreements) AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH AND iovsINa O 'eORTUNITIES e tOaZCT gOa EXCELLENCE, INC. (HOPE, INC.) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this Fifth day of January, 1999, between the City of Delray Beach, hereinafter referred to as "City" and Housing Opportunities Project for Excellence, Inc., hereinafter referred to as "HOPE, Inc." and/or "Agency", having its corporate office located at 3000 Biscayne Blvd., Suite 102, Miami, Florida 33137, related to the provision, as per the budget approval by the City Commission on August 4, 1998 and effective October 1, 1998 through September 30, 1999, of $2,000 in Community Development Block Grant funds to be used to provide a minimum of two (2) Housing Industry Provider Education Seminars and two (2) Community Education Sessions for residents of Delray Beach, .including school-age children and community_ organizatiorls, upon the following terms and conditions: a.) All four (4) seminars and sessions will be accomplished during the effective date of the contract period (October 1, 1998 through September 30, 1999). b.) Each seminar or session will be conducted following notification of the CD Division regarding date, location and the submittal of supporting documentation (i.e. flyers, marketing tools, etc.). c.) Each seminar/session must be adequately advertised and marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (copies to be submitted to CD Division prior to seminar/session). d.) Reimbursement of expenses will be provided upon completion of each seminar/session, at the predetermined amount of $500.00 per seminar/session, with the total maximum reimbursement not exceeding $2,000 (for the four seminars/sessions). e.) All seminars/sessions will be open to participants, free of charge. f.) Hope, Inc. shall provide: 1.) Community Education Sessions for civic organizations, community based agencies, social service providers and/or schools within the municipal boundaries of the City of Delray Beach. These sessions shall be designed to educate the public and protected classes to identify incidents of discrimination in housing and to gain an understanding of the means to find remedies, to seek redress and relief. Sessions are to be conducted citywide on an ongoing basis during the program year. A minimum of two (2) sessions shall be conducted during the period beginning October 1, 1998 and ending September 30, 1999. One (1) of the sessions will focus on the education of children about housing discrimination. 2.) Housing Industry Provider Education Seminars for developers, real estate brokers, property managers, financial institutions, and the media/advertising industry. The seminars shall provide information on fair housing laws, Community Reinvestment Act regulations and affirmative marketing requirements. A minimum of two (2) seminars shall be conducted during the period beginning October 1, 1998 and ending September 30, 1999. WHEREAS, federal regulations at 24CFR 570.601 provide that CDBG funds are granted to the City of Delray Beach under a condition that the City certified that it will "affirmatively further fair housing," and; WHEREAS, with its submission of the Fiscal Year 1998-99 Consolidated Action Plan, the City of Delray Beach so certified that it would "affirmatively further fair housing," and; WHEREAS, HOPE, Inc. is recognized by the U.S. Department of Housing and Urban Development as an agency competent in regulations governing Fair Housing, and; WHEREAS, HOPE, Inc. proposed to provide Fair Housing Education and Outreach to the citizens of Delray Beach, and: NOW, THEREFORE, the parties hereby further agree as follows: 1. Definitions: a. "City" means the City of Delray Beach, Florida b. "CDBG" means Community Development Block Grant Program of the City of Delray Beach c. "CD" means Community Development Division (City of Delray Beach) d. "The Agency" means Housing Opportunities Project for Excellence, Inc. (HOPE, e. "U.S. HUD means the Secretary of the U.S. Department of Housing and Urban Development or a persgn authorized to act on U.S. HUD's behalf. f. Low and Moderate-Income Persons" means the definition set by U.S. HUD 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must be low and moderate-income persons (as determined annually by HUD for the area). The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit requests for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and made a part hereof. Reimbursement requests should accompany all required reports. The City shall reimburse HOPE, Inc. in an amount not to exceed $2,000 for expenses related to conducting two (2) Community Education Sessions and two (2) Housing Industry Provider Education Seminars. The amount to be paid to HOPE, Inc. shall not exceed $500 per session/workshop. Disbursements will be released only upon the receipt of each required "request for reimbursement", including all required reports and necessary data (as determined by the City), covering the session/workshop for which reimbursement is requested. Payments will be made available within thirty (30) days of receipt of each invoice., following approval. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 1998 will be processed. All service required hereunder shall be completed by the Agency by September 30, 1999. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Community Improvement Director or designee. Agency shall submit information and status reports required by the CD Division, the City, or U.S. HUD on forms approved by the CD Division to enable the Division to evaluate said progress and to allow for completion of reports required of the City by HUD. The Agency shall allow the CD Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the CD Division or HUD. 9. Audits and Inspections: At any time during normal business hours and as often as the CD Division, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The City will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133. 10. Increased Availability: The intent and purpose of this Agreement is to increase the availability of the Agency's services to the community. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Citizen Participation: The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents and/or clients informed of the activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate representatives of the Agency shall attend meetings and assist in the implementation of the Citizen Participation Plan, as requested by the City. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by 5. Records and Reports: Prior to receipt of' CDBG funds (through reimbursement), HOPE, Inc. shall submit for each seminar/session conducted, the following documentation: a.) An agenda displaying the date, time, and location of the session/seminar conducted (the CD Division must have been notified in advance of the same, as required above on Page 1, item (b.). b.) A list of invitees/attendees for each session/seminar; c.) A request for funds/invoice (using Attachment "A" of this agreement) d.) An executed Direct Benefit Activities report (covering the session/seminar with as much detail as can be provided). e.) Proof that each seminar/session was adequately advertised and marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers/invitations/newspaper ads, and a narrative of other efforts made (activity report). d.) Other records as may be necessary to determine compliance with this agreement. Reimbursement payments will not be released without the submission of the required (complete and accurate) reports to the Community Development Division, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from September 30, 1999. 6. Program -Generated Income: All income earned by the agency from activities financed by CDBG funds must be reported to the City. In addition to reporting such income, the Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights / Resident Opportunities): The agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 8. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the Community Development Division or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD copies of transcriptions of such records and information as is determined necessary by the City. The giving written notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this Agreement, either party may',-at its option and for any reason, terminate this Agreements upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the subrecipient agency for services rendered pursuant to this Agreement through and including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44. In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. 14. Leveraging: The Agency agrees to seek additional supportive or replacement fu'nding from at least two other funding sources (during the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to the CD Division. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent contractor and that its employees are not City of Deiray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (subrecipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 17. Counterparts Of This Agreement: This Agreement contains all of the parties binding representations to one another. Any amendment or modificati~on~hereto must be in writing and is contingent upon approval by the Community Improvement Director. Agency/Subrecipient.: HOPE,inc. . Signed By: ~ Authorized Agenc3~ Official WITNESSES:_. CITY OF DELRAY BEACH, FLORIDA Signed By: Jay Alperin, MAYOR ATTEST: CITY CLERK ATTORNEY MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY M~NAGER~4~ SUBJECT: AGENDA ITEM ~'~' - REGULAR MEETING OF JANUARY 5, 1999 AMENDMENT #3 TO CENTER BASED CHILD CARE AGREEMENT WITH SCHOOL DISTRICT OF PALM BEACH COUNTY DATE: DECEMBER 28, 1998 On August 4, 1998, the City Commission approved the renewal of our Center Based Child Care Agreement with the School District for the City to provide child care services at Pompey Park, the Community Center and the Full Service Center. The agreement is for the period July 1, 1998 through June 30, 1999. Amendment #1 to the agreement, which increased the rates paid by the School District for this service, was approved at the same time. Amendment #2 to the agreement was approved by the City Commission on September 22, 1998. It provided new language regarding accreditation criteria as well as classical music and reading requirements. It also increased the Job Training Partnership Act (JTPA) rates to equal the subsidized child care rates. Amendment #3 to the Center Based Child Care Agreement is now before the Commission for approval. It adds the Pine Grove School of the Arts as the City's fourth after school program site for the duration of the current child care services contract. The City Attorney has reviewed and approved Amendment #3 as to form and legal sufficiency. Recommend approval of Amendment #3 to the Center Based Child Care Agreement with the School District of Palm Beach County. ref:agmemoll Agenda Item No.: AGENDA REQUEST Date: Dec. 10. 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: January 5, 1999 Description of agenda item (w~9.,~, ~~k._~r~, how much): R~quest approval and signature of Mayor on 2 orisin~l~co~a~ for child care services for the 1998-1999 school year with the School Df~trict of Palm Beach County~ a~ ORDINANCE/ RESOLUTION REQUIRED: YES{NO_~ Draft Attached: YES/NO Recommendation: Approval and Mayor's signature. Department Head Signature: Determination of Consistency wi~h~Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): (if applicable) [lTV OF DELliI:IV BEI:I[H ,D IL RoAY. B,EA.(:~ 100 N.W. 1st AVENUE DELRAY BEACH, (561) FLORIDA 33444 243-7OOO Ail-America City 1993 MEMORg2XlD~ TO: David Harden, City Manager FROM: Rodger R. R~bei/ro, CLP, Recreation Superintendent THROUGH: Joe Weldon, ~rector of Parks and Recreation SUBJECT: Renewal of Contract for Child Care Services Program DATE: December 10, 1998 Please review the enclosed amendment to the Subsidized Child Care contract for the School District of Palm Beach County for the 1998-1999 school year. Amendment #003 pertains to adding Pine Grove School of the Arts as the fourth After School site. I have attached a list of the subsidized child care programs. We are eligible for those programs followed by an asterisk. The After School Program would receive $10 per child, and the holiday camps and one day camps would receive $19 per child. The estimated number of days for Pine Grove is the number of days remaining on the contract which ends June 30, 1999. If Amendment #003 is acceptable, I would like these items placed on the January 5, 1999 agenda for City Commission approval and for Mayor Alperin's signature. Rodger R. Ribeiro, CLP Recreation Superintendent cc: Joe Dragon Assistant Director of Parks and Recreation Enclosures Ref:renewscc THE EFFORT ALWAYS MATTERS Printed on F~ecycled Paper CHILD CARE PROGRAMS ADMINISTERED BY THE SCHOOL DISTRICT OF PALM BEACH COUNTY Funding may be available from the following sources for child care programs: ~ SUBSIDIZED CHILD CARE Provides child care for children at risk of abuse and neglect, as well as children of Work And Gain Economic Self-sufficiency (WAGES) participants, and employed, eligible iow income parents. ~ JOB TRAINING PARTNERSHIP ACT (JTPA) Provides child care for parents approved by the Palm Beach County Workforce Development Board who receive on-the-job classroom training. TEENAGE PARENT PROGRAM Provides child care services for children of teenage parents enrolled in school and approved by the Teenage Parent Program. REFUGEE/ENTRANT Provides child care for eligible children of refugees or entrants who qualify for the program. ~ CHILD CARE PURCHASING POOL Provides child care to children of employed, eligible iow income parents. programs for which The City of Delray Beach is eligible. Center based Child Care FY 98-99 Amendment #3 This amendment entered into between the School District of Palm Beach County, FL hereinafter referred to as the "Agency" and City of Delray Beach hereinafter referred to as the "Provider" hereby amends the contract entered into by the above named parties on July 1, 1998. Attachment II, is hereby amended as indicted on Page 3 of this document. This amendment shall begin on January 1,1999. All provisions in the contract and any attachments thereto in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. There are no modifications except those contained herein, all other terms and conditions remain in effect from the original contract. This amendment is hereby made a part of this contract. IN WITNESS THEREOF, the parties hereto have caused this 3 page amendment to be executed by their undersigned officials as duly authorized. PROVIDER: PALM BEACH COUNTY SCHOOL DISTRICT: By: By: Name: Jpy Al.oerin Name: Paulette Burdick Title: Mayor Title: Chairman Date: Date: ATTEST: ATTEST: By: By: Name: Name: Dr. Joan P. Kowal Title: Title: Superintendent Date: Date: or Witness: REVIEWS, AND APPROVED A'r'roRNEY~ - , ~% ' Employer59_60003081.D. Number: . ;~Y ~,~' Memorandum TO: David Harden, City Manager THRU: Lula Butler, Director, Community Improvement Departmen(x~ FROM: Charles Bender, Coordinator, Community Development Division DATE: December 29, 1998 SUBJECT: Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue subsidy to three eligible applicants under the Delray Beach Renaissance Program. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1997. An agreement to extend the program for one additional year has been approved by all partners and the City Commission. The Partnership is currently operating under the parameters of this extended agreement. Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Programs 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 accounting 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 5 years and Grant amounts equal to or greater than $15,000 but less than $40,000 per unit are forgiven at a rate of 10% per year for 10 years. RECOMMENDATION Staff is recommending City Commission approval to fund subsidy for the three eligible applicants of the following property: Lots 15 & 16, Block A, Tourist Nook/$12,850.00 Lot 22,Block 6, Rosemont Park/$12,000.00 Lot 2, Block 9, Delray Heights/S19,000.00 s:\commun~renprg\comagend.doc AGENDA REOUEST Request to be placed on: Date: D~cember 29. 1998 __ Regular Agenda Special Agenda Workshop Agenda xxxx Consent Agenda When: January. 5. 1998 Description of item · Authori~tion and approval to issue subsidy to three eligible applicants under the Delray Beach Renaissance Program totaling $43.850.00. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of subsidy awards. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total $ 43,850.00 Account# 118-1924-554-83.01 Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: (~0 Funding Alternatives: Account No. & Desgfiption: Account Balance: City Manager Review: Approved for Agenda'S/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\commun~ 1 \cd\renprgm\agenrequ.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68.01 NAME George and Amelia Rivera PROPERTY ADDRESS 919 SW 12th Avenue, Delray Beach LEGAL DESCRPTION Lot 2, Block 9, Delray Heights % OF AREA MEDIAN HOUSEHOLD INCOME 72 # IN HOUSEHOLD 6 COST OF CONSTRUCTION $81,500 COST OF LOT $13,000 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 78,000.00 Community Finance Consortium RATE 6.525 % LTV 83 SECOND MORTGAGE $ City of Delray, HOME $ 19,000.00 City of Delray, SHIP $ CRA of Delray $ Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $. HTF "A" PERMIT WAIVERS $ 1,298.00 APPLICANT FUNDS Pre-paid $ 305.00 Escrowed $ Paid at closing $ 1,901.00 TOTAL TRANSACTION $100~504.00 s:\commun~renprg\sbreqec.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 67.00 NAME Noris Lee and Alberta Sims PROPERTY ADDRESS xxx NW 10th Avenue, Delra¥ Beach LEGAL DESCRPTION Lot 16(28ff) and Lot 15(40ft), Block A, Tourist Nook % OF AR~A MEDIAN HOUSEHOLD INCOME 56 # 1N HOUSEHOLD 6 COST OF CONSTRUCTION $77,050 COST OF LOT $12,300 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 78,000.00 Community Finance Consortium RATE 6.525 % LTV 82 % SECOND MORTGAGE $ City of Delray, HOME $ 12,850.00 Cit¥ofDelray, SHIP $ CRA of Delray $ 2,500.00 Housing Authori _ty THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Pre-paid $ 305.00 Escrowed $ 200.00 Paid at closing $1,388.00 TOTAL TRANSACTION $ 95,243.00 s :\commun~renprg\sbreqec.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68.01 NAME Veronica and Erring Bowleg PROPERTY ADDRESS xxx SW 6th Avenue, Delray Beach LEGAL DESCRPTION North 12.5 ft of Lot 22 and all of Lot 23, Block 6, Rosemont Park % OF AREA MEDIAN HOUSEHOLD INCOME 75 # IN HOUSEHOLD 3 COST OF CONSTRUCTION $84,175 COST OF LOT $11,265 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 85,800.00 Community Finance Consortium RATE 6.525 % LTV 86 % SECOND MORTGAGE $ City o£ Delray, HOME $ 12,000.00 Ci_tyofDelray, SHIP $ CRA of Delra¥ $ Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $, HTF "A" APPLICANT FUNDS Pre-paid $ 150.00 Escrowed $ Paid at closing $ 1,471.90 TOTAL TRANSACTION $ 99,421.90 s:\commun~renprgXsbreqec.doc ~~~~~L_. I ~ I' I S~I_ ~.',-~¢ '-~ -, ~. - ~.~ ~ . ~ ' ~ I ...... ~-' ~ ~ -~., I ~ ~ ~ ~-' · - 0-' 2 w ~ AVE .' ~...'~. . , , . ~ - L: ' MEMOP~kNDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lVlJ~AGER~F~ SUBJECT: AGENDA ITEM # ' ' - MEETING OF JANUARY 5, 1999 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: DECEMBER 31, 1998 Attached is the Report of Appealable Land Use Items for the period December 7th through December 31, 1998. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of appealable actions for the period stated. Receive and file the report as appropriate. THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING ARD-ZONING ~ FROM: JASMIN ALLEN, PLANNERJ~.~ ~ ~"~/ / SUBJECT: MEETING OF JANUARY 5, 1999 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 7, 1998 THRU DECEMBER 31, 1998 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of December 7, 1998 through December 31, 1998. 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. A. Adopted on a 4 to 0 vote (Bird absent, Hasner late) the Planning and Zoning Department Work Program for FY 98/99 thru 99/00. B. Approved (5 to 0), the master plan modification to allow a reduction in the rear setback requirements for swimming pools and screen enclosures for eleven lots within the Hammock Reserve Development, located on the south side of Linton Boulevard, east of Military Trail. City Commission Documentation Appealable Items Meeting of January 5, 1999 Page 2 No other appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. · Recommended approval (5 to 0), of a conditional use request to allow the establishment of an assisted living facility and adult day care for the Mil- Atlantic A.L.F., located on the west side of Military Trail, approximately 650 feet south of West Atlantic Avenue, immediately south of Pines Plaza. · Recommended approval (5 to 0), of a rezoning from RO (Residential Office) in part and R-loA (Single Family Residential) in part to CF (Community Facilities) for a parcel of land located west of South Swinton Avenue, between Southridge Road and Sterling Avenue. 1. Approved (6 to 0, Smith absent), the master sign program for The Home Depot, located at the southeast corner of 1-95 and Linton Boulevard. 2. Approved (6 to 0), a request for a color change for the Bremmer Building, located at the northeast corner of North Federal Highway and Bond Way. 3. Approved (6 to 0), the Class V site plan, architectural elevation plan and landscape plan for Portofino Square, located on the east side of SE 6th Avenue (Northbound Federal Highway), approximately 180 feet north of SE 10th Street. Concurrently, the Board approved the following waivers: · Eliminated the required 5'sidewalk along SE 7th Avenue; · Reduced the required 5' landscape strip adjacent to the dumpster enclosure; · Reduced the number of required parking spaces from 47 to 45; and, · Allowed the installation of four clusters (3 trees per cluster) of Sabal Palms in lieu of the provision of trees every 25 feet along the east property line as the existing Areca Palms provides a sufficient buffer. No Regular Meeting of the Board was held during this period. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CITY COMMISSION MEETING OF dANUARY 5, 1999 L-30 CANAL i N,W. 2ND $.W. 2ND LOW'SON BOULFVARD UNION BOULEVARD D BOULEVARD ! L-38 CANAL C-15 CANAL c,~' LIMITS ........... S.P.R.A.B.' P &: Z ' 1. - THE HOME DEPOT A. - HAMMOCK RESERVE 2. - BREMMER BUILDING i MILE I ,3. - PORTOFINO SQUARE SCALE N Cl~ OF DELRAY BEACH. FL PLANNING DEPARTMENT -- OIGIl',41. 8,4SE I~P EYE/EM -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM~ - REGULAR MEETING OF JANUARY 5, 1999 AWARD OF BIDS AND CONTRACTS DATE: DECEMBER 30, 1998 This is before the City Commission to approve the award of the following bids and contracts: (1 Purchase award in the total amount of $62,937.00 to Government Technologies Services, Inc., via GSA contract, for the purchase of twenty-seven (27) Panasonic CF-25 laptop computers for the Police Department, with funding from 001-2111-521-64.90 (Problem Solving Grant 96/Project #97-59) . (2 Grant award through the State Housing Initiatives Partnership (SHIP) program in the amount of $21,857.21 to Dakota Construction, Inc. for the rehabilitation of an owner occupied single family housing unit at 216 S.E. 1st Avenue, with funding from 118-1924-554-49.19 (SHIP/Housing Rehabilitation). (3 Bid award in the amount of $190,425.00 to B&B Properties, Inc. for construction of the N.E. 7th Avenue Water Main Improvements project, with funding from 442-5178-536-63.50 (W/S Renewal & Replacement - Water Line Upgrades). This is a portion of the East 7th Avenue water main improvements called for in the 1992 Water Distribution System Master Plan. (4 Bid award in the amount of $48,010.00 to Gilmore Electric Co., Inc. for the construction of new lighting for the parking lot located behind Hand's and south of N.E. 1st Street, with funding from 334-3162-541-63.15 (General Construction Fund - Downtown Parking Lots). Recommend approval of the bid and contract awards listed above. ref:agmemo8 Agenda Item No.: AGENDA REQUEST Date: December 21. 1998 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: January 05~ 1999 Description of agenda item (wh~at, where, how much)~rom Purchase Award - Purchase of twenty-2~ Panasonic CF-25 laptops Government Technologies Services Inc. via the GSA Contract #FS-35F-4120D for the total amount of $62.937. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: .Approve purchase of ~went¥-.~ laptop computer from Governmental Technologies Services Inc. for a total amount of $62,937. Funding from Problem Solvin~ Grant 96. Project #9?-59. account code #001-2]]1-521-6&.90. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure Funding available~ N / % ~,& ~6~9~. Funding alternative~fm~~~~,u~-gTOS~if applicable) Account No. & Description: Account Balance: ~ ~~ ~~ City Manager Review: ~enda C~ord~nator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor Q~ THROUGH: Joseph Safford, Finance Director DATE: December 21, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING JANUARY 05, 1999 - PURCHASE AWARD PURCHASE OF LAPTOPS FOR THE POLICE DEPARTMENT FROM GOVERNMENT TECHNOLOGIES SERVICES INC. VIA GSA CONTRACT #GS-35F-4120D Item Before Commission: City Commission is requested to approve the purchase of twenty-seven (27) Panasonic CF-25 laptops from Government Technologies Services Inc. via the GSA Contract #GS-35F-4120D for the total amount of $62,937.00. Background: The City of Delray Beach Police Department has a need for these laptop computers to monitor residential burglaries. These laptops are available from the GSA Contract #GS-35F-4120D from Governmental Technologies Services Inc. for a total of $62,937.00. See attached quotation dated December 09, 1998, from Governmental Technologies Services Inc. The Delray Beach Police Department Administrative Services Director recommends the purchase of these laptops as stated on attached memo dated December 10, 1998. Recommendation: Staff recommends the purchase of twenty-seven (27) laptop computers from Governmental Technologies Services Inc. for a total amount of $62,937. Funding from Problem Solving Grant 96, Project #97-59, account code #001-2111-521-64.90. Attachments: Quotation from Governmental Technologies Services Inc. Police Department Memo Dated December 10, 1998 cc: David Junghans, Administrative Services Director DELRAY BEACH POLICE DEPARTMENT Memorandum ,'Administrative Services From: Assist. Director Tina L. Lunsford'" Support Services Division Date: December 10, 1998 Subject: PROBLEM SOLVING GRANT ORDER Attached you will find quote #724667 fi'om GTSI for the purchase of 27 Po _n~sonic CF- 25 laptops offofGSA Contract #GS-35F-4120D. Requisition #67608 has been keyed in with the appropriate information. These laptops were approved in the Problem Solving Grant 96, Project g97059 and are funded out of account #001-2111-521-64.90. Please forward this request for Commission approval. Your prompt action will he appreciated. attachmems gt Government Technology GTSI 3901 Stonecroft Boulevard is a Chantilly, VA 20151-1010 Services, IRC. Small Business 1-800-999-G'1'SI (4874) Sales Quotation To: TINA LUNSFORD Reference No: Quotation #: 724667 DELRAClTY Phone: 01-561-243-7833 EXT. Customer#: 00026619 USA Fax: 01-561-243-7816 Date: 09-DEC-98 Sales Rep.: WILLIAM DUNCAN Phone: 1-800-999-4874 Fax: 703-222-5226 CLIN Mfg p/n Contract Vehicle 001 898-230382 PANASONIC MMX166, 12.1" NON GLARE, 32MB, 2.2GB HDD 27 2,252.00 60.804.0(: CF-25LJFSEAM GS-35F-4120D (GSA BC 96/99) 569-78912 VIKING COMPONENTS 32Mb Mere Module, CF-62 P133 27 79.00 2,133.0( 002 ~NC GP6132 GS-35F-4120D (GSA BC 96/99) 003 898-97037 PANASONIC 10x CD Rom Drive f/Multimedia Pocket CF-25 I .00 .0( CF-VCD252 SubTotal: 62, 937.0( Tax: Freight: COD: Misc: .0{ TOTAL: $ 62,937.0( **** ATTENTION CONTRACTING **** Please reference one of the following "remit to" addre~sea on your purchase order: ACH or Electronic Funds Transfer (EFT) Paymen_t bX Check For quesfiona related to ACH CoreStates Bank GTSI .enrollment or EFT., please contact Philadelphia, PA 19101 P.O. Box 8500-8195 Annette Jackson Dy phone at (703) ABA # 031000011 Philadelphia, PA 19178-8195 502-2622 or by Fax at (?03) 222-5215. Accou nt~ 14126-35103 Also, for expedient processing, please referenue the following ~nformation on your purchase order: Contract ~ G$--35F--4120D Payment Ts=as Net 30 days Q~.l. ote ~ 724667 Prices are subject to change without notice. Quote # 724667 Page 1 Agenda Item No.: ff..5'. ~ AGENDA REQUEST Request to be placed on: Date: December 11, 1998 Regular Agenda Special Agenda Workshop Agenda xxxxx Consent Agenda When: January 5, 1999 Description of item (who, what, where, how much): CASE# ADDRESS CONTRACTOR TOTAL SHIP AWARD 95-007 SHR 216 SE 1st Avenue Dakota Construction, Inc. $ 21,857.21 (Example: Request from Atlantic High School for $2,000 to funds project graduation). ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of affordable rehabilitation grant award through the State Housing Initiatives Partnership pro gram (SHIP) account 118-1924-554.49-19 in the amount of $21,857.21. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55) Department Head Signature: ~/o~x.~ac~-~--~- City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items invol)(ing expenditure of funds): Funding Available: -,~ 7~1 ~'3 [ Funding Alternatives.'---- ~ (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda: ~/NO~)~/L/1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: David Harden, City Manager FROM: Charles L. Bender III, Community Development Coordinator THRU: Lula Butler, Community Improvement Director ~ DATE: December 11, 1998 SUBJECT: CONSENT AGENDA State Housing Initiatives Partnership Program (SHIP) Rehabilitation of One Owner Occupied Unit. ITEM BEFORE THE COMMISSION This is to request approval for one Housing Rehabilitation Grant Award through the State Housing Initiatives Partnership program (SHIP). This request is in accordance with the City's approved Housing Assistance Plan developed for the SHIP program between the City and the Florida Finance Corporation. BACKGROUND The grant award is based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change orders and all unused funds remain with the SHIP grant program. As required by the SHIP program, we will obtain a promissory note from the homeowner and record it in the public records of Palm Beach County. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay Request forms require both contractor and homeowner's signatures. The grant recipient has met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. RECOMMENDATIONS Staff recommends awarding the bid for one Housing Rehabilitation project to the verified low bidder and authorizes the award of the appropriate grant through the SHIP program. One hundred percent (100%) of total funds will be charged to the SHIP account for the following: Case Number Address Contractor Grant Amount 95-007 SHR 216 SE 1st Avenue Dakota Construction, Inc. $21,857.21 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 95-007 SHR APPLICANT: Henry R. Crisanti PROJECT ADDRESS: 216 SE 1st Avenue DATE OF BID LETTERS: November 17~ 1998 DATE OF BID OPENING: November 30, 1998 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ WILLIAM HATCHER CONSTRUCTION $. ALPHA SOUTH CONSTRUCTION $. BEST REAL ESTATE, INCAEDWARD KAPLAN $ No Bid CRAFTSMAN PLUS, INC. $. DAKOTA CONSTRUCTION, INC. $ 20,816.39 FIRST CHOICE CONTRACTORS $ HENRY HAYWOOD $ No Bid FRANK BOUMANS CONSTRUCTION $ 21,775.00 INTERCONTINENTAL CONST. CORP. $. RANDOLPH & DEWDNEY CONSTRUCTION, INC. $. SOUTH FLORIDA CONSTRUCTION $ 24,125.00 OASIS CONSTRUCTION $ IN-HOUSE ESTIMATE $ 24,166.00 CONTRACTOR AWARDED CONTRACT: Dakota Construction, Inc. BID/CONTRACT AMOUNT: $ 20,816.39 FUNDING SOURCE: 118-1924-554.49-19 State Housing Initiatives Partnership (SHIP} COMMENTS: u 5white\wwdata\bids\bidinfo.doc Agenda Item No. ~.~.3. AGENDA REQUEST Date: Dec. 22, 1998 Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda When: Jan. 5, 1999 Description of item (who, what, where, how much): Award of the contract to B & B Properties, Inc. in the amount of $190,425.00 for the NE 7th Avenue Water Main Improvements Project 98-053. The funding for this project will be provided from the following: Funding Source Account Number Amount Water & Sewer R/R 442-5178-536-63.50 $190,425.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award the NE 7th Avenue Water Main Improvements Project 98-053 to B & B Properties, Inc. with a bid in the amount of $190,425.00. ~~~~ 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: NO Funding alternatives (if applicable) Account NO. & Descr~ptlon~4~-~[~,--3~.~-~---~ ~-~n~ Account Balance ~ ~qq%~7) City Manager Review: Approved for agenda: ~/NO ~c,Q~ L ~c'x~-.~ ~ ~ .~ ~ ~ Agenda Coordinator Review: ~+~~ ~ ~ ~ Received: ~ Placed on Agenda: Action: Approved/Disapproved DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden, City Manager FROM' Barron Caronite, Assistant City Engln~~ / ,,.,, - DATE: December 22, 1998 SUBJECT: NE 7th Avenue Water Main Improvements Project No. 98-053 Please find enclosed the agenda request for Comission to award the NE 7th Avenue Water Main improvements contract. Please find the bid tabulation attached. The work generally consists of the construction of the following: Construction of 1000 L.F. of 12 inch and 1200 L.F. of 8 inch DIP water main. Construction of approximately 40 water services, removal of approximately 1800 L.F. of existing 2 inch water main, reconnection of existing water services, reconstruction of asphalt ddveway aprons, approximately 480 tons of Asphalt oveday, 1600 S.Y. of Asphalt removal, 1600 S.Y. of roadside swale grading and sodding, in addition to, pavement markings. The lowest responsible responsive bidder for this project was B & B Properties, Inc. with a bid of $190,425.00. Funding for this project will be provided from the following: Funding Source Account Number Amount Water & Sewer R/R 442-5178-536-63.50 $190,425.00 If acceptable, please place this item on the January 5, 1999 Commission meeting for Commission approval. Attachment cc: Randal Krejcarek, P.E. City Engineer Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director Bdan Shutt, Asst. City Atty. file: S:/engadmin/projects/98/98-053/contract/agenmemo.doc _o; o o ~ ~:~ o ooo,o~oo,o o o oo o° ~ ~ ~ D'~, ~o · o o o o olo ooo o o olo o° o Agenda Item No.: 3, .~. AGENDA REQUEST DATE: December 30, 1998 Request to be placed on: x Regular Agenda ~ Special Agenda ~ Workshop Agenda When: January 5, 1998 Description of item (who, what, where, how much) Award of the contract to Gilmore Electric Co., Inc. in the amount of $48,010.00 for the Hands Parking Lot Lighting Project, Project #98-084. The funding for this project will be provided from the following account: Fundinq Source Account Number Amount Downtown Parking Lots 334-3162-541-63.15 $48,010.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of Project No. 98-084, Hands Parking Lot Lighting project to Gilmore Electric Co., Inc. with a bid in the amount of $48,010.00. 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 availabl.e~O Funding alternativL~~'' (if applicable) Account No. & Description 3.:~"-/- .'~/f~ ~ ~:5111 ~,5.17~' ~)~zJz7 +o(:/j/~ ~( /~,,?'~ ZoT~.J' Accou nt aalance_,~C~ ~,~ ,..~ / ~. ~r~, ~ j~j,~¢~ ~-r)- ~ Ci~ Manager Review: ~ ,~ 4/¢ ~ ~ (i¢¢~} Approved for agenda: ~/N~ 5/¢ ~ . ~ Hold Until: ~ ) ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 98-084(A) projects/98-084/contrac~agenda.doc DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden, City Manager THRU: Randal Krejcarek, P.E. City Engineer FROM: William A Grieve, Civil Engineer I,~ DATE: December 30, 1998 SUBJECT: HANDS PARKING LOT LIGHTING PROJECT #98-084 Please find enclosed the agenda request for Commission to award the Hands Parking Lot Lighting project contract. The work generally consists of the construction of new parking lot lighting. Including 17 new decorative pole mounted lighting fixtures, burial of associated conduit and electrical wiring. The work includes the connection of all electrical wiring and fixtures necessary to achieve a complete and operational lighting system. Construction also includes maintenance of traffic and asphalt restoration over buried conduit. Attached is the bid tabulation for the referenced project. The lowest responsible, responsive bidder for this project was Gilmore Electric Co., Inc. with a bid of $48,010.00. Funding Source Account Number Amount Downtown Parking Lots 334-3162-541-63.15 $48,010.00 If acceptable, please place this item on the January 5, 1998 Commission meeting for Commission approval. Attachment cc: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file: 98-084 (A) flle:s/engadmin/98/98-084/contract/agmemo.doc Hands Parking Lot Lighting Project 98-0084 Bid Tabulation No. Bidder Total Bid * 1 Gilmore Electric Co., Inc. $48,010.00 2 Meisner Electric Inc. $63,750.00 3 Hayes Electric of Palm Beach $64,194.50 4 Signal Group, Inc. $65,410.00 5 Ledbetter Electric, Inc. $65,843.52 6 Davco Electrical Contractors Corp $66,212.00 7 Ace Electrical Service Inc. $67,475.00 8 Imperial Electrical of Ft. Lauderdale $71,683.00 9 Sportslighter Electric, Inc. $77,655.00 10 Designed Traffic Installation Co. $79,860.36 * Bid as a lump sum contract 12130198 TO: DAVID T. HARDEN CITY MANAGER FROM: JA~T MEEKS, SENIOR PLANNER SUBJECT: MEETING OF JANUARY 5, 1999 CONDITIONAL USE REQUEST TO ESTABLISH AN ASSISTED LIVING FACILITY (ALF) AND ADULT DAY CARE FOR MIL-ATLANTIC ALF WHICH IS LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 650' SOUTH OF ATLANTIC AVENUE A Conditional Use request is sought to establish an Assisted Living Facility (ALF) and Adult Day Care for a project known as Mil-Atlantic ALF. The subject property involves two parcels of land that are separated by the L-34 Canal. The development proposal includes: on the south parcel, construction of a 115,540 square foot combination 3/1 story ALF consisting of 146 units of ALF patients and 24 units of AIzheimer patients; and on the north parcel construction of a 55,206 square foot 3-story independent living facility ALF and construction of a stand alone 4,200 square foot 1-story adult day care with a capacity of 70 patients. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of December 21, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of the request. No one from the public spoke on the item. The Board voted 7-0 to recommend that the Conditional Use request to establish an ALF and Adult Day Care for Mil-Atlantic ALF be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan subject to the following revised conditions of approval: 1. That the ALF be limited to 230 beds and the Adult Day Care to 70 patients. 2. That a full site plan application be processed pursuant to Section 2.4.5 of the Land Development Regulations and that it be in general conformance with the sketch plan, except where modified along the south and west boarder to preserve existing trees. 3. That a~ide road easement that does not contain any back-out parking be provided along the north property line. 4. That a wall be provided along the north, south and west property lines where it abuts the single-family subdivisions, and that the applicant work with staff to provide appropriate landscaping along the wall. By motion, approve the Conditional Use request to establish an ALF and Adult Day Care for Mil-Atlantic ALF based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the conditions recommended by the Planning and Zoning Board. (~'z3~ /.z-)/~/~~ Attachments: P& Z Staff Report and Documentation of December 21, 1998 --r'/ PLANNING AND ZONING BOARD CITY OF DELRAY BEACH .--STAFF REPORT--- MEETING DATE: December21, 1996 AGENDA ITEM' VI.A. ITEM: Conditional Use Request to Allow the Establishment of an Assisted Living Facility and an Adult Day Care for the Mit-Atlantic A. LF., Located on the West Side of Military Trail, Approximately 650 Feet South of West Atlantic Avenue, Immediately South of Pines West Plaza. GENERAL DATA: Owner ......................................... Louis Carusillo & Harold Evans, T~stees Agent .......................................... Michael Covelli Caulfield & ~eeler, Inc. Applicant .................................... Philip Pearlman, A.I.A. < Location ...................................... Located on the west side of Milita~ Trail, approximately 650 feet south of south of Pines West Plaza. Prope~ Size .............................. 4.204 Acres (No~h Parcel) 3.621 Acres (South Parcel) Future Land Use Map MD (Medium Densi~ Residential Designation ................................. 5-12 units/acre) Existing Zoning ........................... RM-8 (Medium Densi~ Residential - 8 Adjacent Zoning ................ NoAh: Ci~ PC (Planned Commercial) East: Coun~ RS (Single Family Residential) ....... and Ci~ GC (General Commercial) i i-i'~ I I I ~ !'~111 I~~,''~~ South: Coun~ RS (Single Family Residential) West: Coun~ RS (Single Family Residential) III Ill II/il lilt ~ : Proposed Land Use .................... Conditional Use Request for the establishment of an Adult Living Facili~ consisting of 145 units, an Alzheimer Independent Living Facili~ with 60 units, and an Adult Day Care center encompassing 4,200 sq. ff. with associated parking and landscaping Water Se~ice ............................. Available via connection to an existing12" water main along the east side of Militaw Trail and an 8" main at the southeast corner of the shopping center to the noah. Sewer Se~ice ............................. Available via installation of a lift station !i and connection to a 4" force main along the west side of Milita~ Trail. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish an Assisted Living Facility and Adult Day Care for Mil-Atlantic ALF, pursuant to LDR Section 2.4.5(E). The subject property is located on the west side of Military Trail, approximately 650' south of West Atlantic Avenue, immediately south of Pines West Plaza. The subject property involves two parcels of land (fka Carussillo-Evans property) that are divided by the L-34 Canal. The parcel to the north of the canal contains 4.19 acres and the parcel to the south contains 3.621 acres. At its meeting of September 17, 1996, the City Commission annexed the southern parcel with Medium Density Residential 5- 12 du/ac FLUM designation and RM-8 zoning district. At its meeting of June 8, 1998, the City Commission annexed the northern parcel with Medium Density Residential 5-12 du/ac FLUM designation and RM-8 zoning district. On November 6, 1998, a Conditional Use request was submitted to establish an Assisted Living Facility (ALF) and Adult Day Care for a project to be known as Mil- Atlantic ALF which is now before the Board for action. 1 The parcel to the north is vacant with the exception of two billboards located at the northeast and southeast corners of the parcel and a row of trees along the west property line. The parcel to the south is vacant with the exception of a billboard located at the southeast corner of the parcel and a row of trees along the west and south property lines. The two parcels will be connected internally by a bridge over the canal. Access to the site is provided from Military Trail with 3 ingress/egress points (2 for south parcel and 1 at the north end of the northern parcel). The project will be phased, however the order of completion of the phases is not specified and will be determined based on market demand. The entire development will be licensed as an ALF, but offers different levels of care and services for each building. The development proposal consists of the following: SOUTH PARCEL: · Construction of an 115,540 square foot combination 1 and 3 story structure. This facility will house 24 units for Alzheimer patients and 146 units of ALF patients. The total of 180 beds will be provided -- 80-efficiency units, 80 1-bedroom units, and 10 Planning and Zoning B~a.rd Staff Report Conditional Use Appr¢. "- Mil-Atlantic ALF Page 2 2-bedroom units. The Alzheimer wing is 1- story and located at the south end of the building. The kitchen, dining room, and multi-purpose room are located in a 1- story section to the rear of the building. The center core of the three-story structure contains the common use areas with the units are located in wings on either sides of the center core. · Demolition of the existing billboard; · Installation of 45 parking spaces that are situated along the east and north sides of the structure with a One-way service driveway located to the west and south sides of the structure; · Installation of a refuse area and proposed lift station. NORTH PARCEL: · Construction of a 3-story 55,206 square foot Assisted Living Facility (I.L.F.) with 60 units. The first floor contains 15 units and common area uses (i.e. kitchen, dining room, multipurpose room, card room, lobby, etc.). The second floor contains 23 units and the third floor contains 22 units; · Demolition of the existing billboards; · Construction of a 4,200 square foot Adult Day Care Facility that can accommodate up to 70 patients located at the south end of the northern parcel; · Installation of an outdoor pool area; · Installations of 123 parking spaces and refuse area. The applicant has submitted the following narrative describing the operation: "The north parcel is to be developed with 60 units for independent living and 70 Adult Day Care patient facility. The south parcel is to be developed with a 170 unit Assisted Living Facility, of which 20-25 units to be dedicated to residents with dementia. The facility will be operated on a 24-hour basis. Meals will be provided on a 1 meal per day for independent and 3 meals per day for Assisted. Each facility will contain social, recreational and therapeutic spaces for the use and enjoyment of the residents. The campus will be developed in stages, but the sequence has not yet been determined". Planning and Zoning ,B~ Staff Report Conditional Use Appr( Mil-Atlantic ALF Page 3 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 application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of MD (Medium Density Residential 5-12 du/ac) and a zoning designation of RM-8 (Multi-Family Residential 8 du/ac). The zoning district is consistent with the MD Future Land Use Map designation and "Adult Living Facilities and Adult Day are" are listed as Conditional Uses in the RM district [LDR Section 4.4.6 (D)(1) and (3)]. CONCURRENCY: Facilities which are provided by or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as it relates to Water and Sewer, Streets and Traffic, Parks and Open Space were discussed in the Annexation report. Concurrency as it relates to Drainage, and Solid Waste are discussed below. Drainage: Paving and drainage plans are not required for the conditional use analysis. Drainage can be accommodated via an exfiltration system and/or sheet flow into sodded swale areas with ouffall to the canal. Thus, positive findings with respect to this level of service standard can be made. If the conditional use request is approved, a paving and drainage plan must be provided with the submittal of the site plan. Solid Waste: The proposed development will generate 516 tons (174,946 sq.ft, x 5.9 pounds per square foot per year = 1,032,218 + 2,000 = 516 tons) of solid waste per year. The Solid Waste Authority has indicated that it has enough landfill area to accommodate projects through the year 2020. Therefore, positive findings with respect to this level of service standard can be made. Planning and Zoning Bj3ard Staff Report Conditional Use Appr¢ '~- Mil-Atlantic ALF Page 4 ' CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Housing Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shaft be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3and 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 proposed ALF and Adult Day Care is inconsistent with this policy, as the nature of the use will be restricted to adult residents. However, given the property's extensive frontage along Military Trail, and its relatively shallow depth, it is not a prime location for a single-family subdivision or a multi-family development. These factors alone could severely limit the design of the project and diminish the quality needed for a small project to be marketable and to maintain a high market value in the future with a competitive market place. It is also noted that the area northwest of the site is already experiencing a saturation of multifamily developments. Based on the above, while the use as an ALF is inconsistent with this policy, it appears that it may be the most appropriate use for this particular property. Future Land Use Element Objective 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 uses, and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. The property can be developed in a manner that will be complementary to the adjacent residential areas and the commercial development to the north. While the use as an assisted living facility and adult day care does not fulfill a remaining land use need as identified within the City's Comprehensive Plan (for reasons stated above), it will fulfill the need for moderate and middle income housing. With the review of the site plan this policy will be revisited. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; Planning and Zoning B~;)~d Staff Report Conditional Use Appr( '- Mil-Atlantic ALF Page 5 B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is boarded on the north by City PC (Planned Commercial) zoning; to the south and west by Palm Beach County AR (Agricultural Residential) zoning; and the east, across Military Trail, by Palm Beach County RS (Single Family Residential) zoning, City zoning of GC (General Commercial) and R-lA (Single Family Residential). The existing land uses are to the north are Pines West Plaza; the south and west by Country Club. Acres; to the east, across Military Trail, Boca Delray Animal Hospital, Country Club Acres, and the Hamlet. Compatibility with the adjacent residential subdivisions to the west and south is a concern. The sketch plan indicates that the proposed ALF buildings will be three stories in height. The site plan has been designed to create the least impact on the adjacent residential developments by providing one-story portions along the south and west sides of the building (south parcel) with a building setback of approximately 45'. On the north parcel the 3-story structure is setback from the west property line by 45' and the adult day care is 1 story high which does not pose any massing problems. To be more sensitive to the adjacent residential development, the existing trees along the west and south property lines should be retained which in turn provides for a landscape buffer that is 25'-30' in width that can further be embellished with landscape materials. This can easily be accommodated, as ample room is available on site for adjustments. There are landscape regulations in place to help mitigate potential adverse impacts when a commercial type of development directly abuts residentially zoned property or properties in residential use. These regulations include the installation of a masonry wall or hedge with the height of 4 %' at the time of planting and installation of trees 25' on center to form a solid tree line. These regulations would apply along the west and south property lines. It is also recommended that a 6' high concrete wall be installed around the property instead of the hedge to further mitigate the height of the 3-story structure and conceal the rear of the buildings where the service areas will be located. Further, along the north property line were the development abuts Pines West shopping center, it is recommended that a wall be provided, as the rear of the shopping center is unsightly. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed.' If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following "Items of Concern" have been identified. The attached technical comments, which include the items below, have been transmitted to the applicant and will need to be addressed with revised plans. Planning and Zoning Board Staff Report Conditional Use Appr( ~- Mil-Atlantic ALF Page 6 LDR Section 4.3.3'(C) ASsisted Living Facility Common Area: A minimum of 10% of the total floor area of an ALF shall be devoted to a common area wherein a variety of recreational or therapeutic activities may occur. This floor area shall be calculated exclusive of halls, corridors, stairs, elevator shafts, and garages. The applicant must provide additional information regarding the percentage of common areas for each building; however, it appears that this regulation has or can be met. Intensity - Post 1987 Structures: ALF(s) which are to be established in buildings constructed on, or after, January 1, 1987 shall be permitted to house residents as follows: · Residential Zone Districts - 900 square feet of lot area per bedroom. The 7.95 acre site can accommodate a total of 348 beds and 240 beds are being requested. Facilities Requirements: An ALF located in any zone district shall provide outdoor amenities, landscaping, design features, and yard space to serve the residents. Such features shall be reviewed and approved concurrent with the Conditional Use approval. The sketch plan indicates that 31.8% open space will be provided with this development proposal. Outdoor amenities include a pool on the north parcel. Additional outdoor amenities should be considered for the south parcel. Since there are no existing plant communities on site, open areas should be created and used for a passive park that include benches and pedestrian walkways. Further, the sketch plan does not provide for any pedestrian sidewalks that connect the parking areas with the buildings and common open space areas. These issues can be addressed with the site plan submittal. LDR Section 4.3.3 (E) Adult Day Care Floor Area: Facilities shall contain a minimum floor area of 35 square feet per adult, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage. The applicant has indicated that the proposed 4,200 square foot Adult Day Care center can accommodate up to 70 patients based on the above formula. Loading Area: A pickup and drop-off area for the adults shall be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building. Planning and Zoning B0~d Staff Report Conditional Use Appr( - Mil-Atlantic ALF Page 7 This requirement has been addressed. LDR Chapter 4.6 Supplementary District Regulations: Parking: Pursuant to LDR Section 4.6.9 (C)(7)(b), parking for ALF's shall be calculated at the rate of one space for each four beds. Pursuant to Section 4.6.9(C)(7)(h), Adult day care shall provide I parking space per 300 square feet. Parking for the I.L.F. (north parcel) has been calculated at a multi-family rate with guest parking for a total of 109 spaces. Using the. above described formula only 15 spaces are required for the 60 unit structure. The parking provided on the plan for the I.L.F. should be decreased to allow for additional open space and amenities. The 4,200 square foot Adult Day Care is required to provide 14 spaces, and 14 spaces are provided. The ALF located on the south parcel is required to provide 45 spaces and 45 have been provided. Landscaping: Pursuant to LDR Section 4.6.16(H)(3)(e), where any commercial areas abut a residential zoning district or properties in residential use, in addition to the requirements established for district boundary line, one tree shall be planted every 25' to form a solid tree line. The above requirement applies along the south and west property lines. Access Easement The subject property abuts a residential area to the west consisting of 10 lots, which are located south of the Points West Plaza shopping center. The single-family homes obtain access by traveling through the parking lot of the shopping center, which fronts on Atlantic Avenue. As a result of this development pattern, it is very difficult for emergency services to access the area in a timely manner. Thus, unacceptable response times have resulted. With development of this property an easement will be required along the north portion of the property to allow direct access from Military Trail to the subdivision. The applicant at the time of annexation agreed to provide this easement. The easement should be a width of at least 24' to serve as an access drive for the neighborhood as well as the assisted living facility. The sketch plan provides a driveway with back out parking along the north property line that connects Military Trail to the property to the west. With the submittal of the site plan this driveway should be redesigned to remove the back out parking as it is to be utilized as an ingress/egress easement for the adjacent subdivision. Further, if the driveway were to be angled, a large open space area would be created in the northeast corner of the site where a parking pod could be located if additional parking is needed with the reconfiguration. Planning and Zoning B~d Staff Report Conditional Use Appn ' '- Mil-Atlantic ALF Page 8 Platting: Based on the fact that water and sewer main extensions will be required of this development proposal, and that the lift station will need to be deeded to the City, the subject property must be platted pursuant to Chapter 5. Solid Waste: While two refuse areas are proposed on the site, given the volume of solid waste generation (516 tons of solid waste per year), trash compactors should be considered. The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Site Plan Review and Appearance Board: If Conditional Use approval is granted, a revised site plan must be submitted accommodating the concerns raised through the conditional use petition. Final action on the site plan will rest with the Site Plan Review and Appearance Board. Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: CI Country Club Acres ~ Greensward Village Condominium Association (within The Hamlet development) CI Hamlet Residents Association Q Highpoint West CI PROD (Progressive Residents of Delray) E3 Presidents Council The proposed conditional use is to establish an Assisted Living Facility (230 beds) and Adult Day Care (70 clients) for Mil-Atlantic ALF. The use is not consistent with Housing Planning and Zoning B~,rd Staff Report Conditional Use Appr~ '- Mil-Atlantic ALF Page 9 Element Policy B-2.2 that discourages, adult oriented communities. However, the alternative use of the site as multiple family or single-family development would be less desirable (or less feasible) given the property's extensive frontage along Military Trail, and its relatively shallow depth. To enhance compatibility a wall should be provided along the north, south and west property lines where it abuts single family developments and a commercial development. A. Continue with direction. B. Recommend approval of the request for Conditional Use approval for Mil-Atlantic ALF based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use approval for Mil-Atlantic ALF based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). Recommend approval of the request for Conditional Use approval for Mil-Atlantic ALF to establish an ALF and Adult Day Care based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the I.and Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That the ALF be limited to 230 beds and the Adult Day Care to 70 patients. 2. That a full site plan application be processed pursuant to Section 2.4.5 of the Land Development Regulations and that it be in general conformance with the sketch plan. 3. That a 24' wide road easement be provided along the north property line that does not contain any back-out parking. 4. That a wall be provided along the north, south and west property lines where it abuts the single-family subdivisions. Attachments: · Location Map · Sketch Plan & Memo To: David Harden, City Manager Fron~ Lula Butler, Director, Community Improvement CC: Jerome Sanzone, Chief Building Official Date: December 29,1998 Re: Tent Permit/First Presbyterian Church ITEM BEFORE THE COMMISSION: City Commission consideration of the request from First Presbyterian Church to erect a temporary tent on their church parking lot located at 33 Gleason Street from January 22 through February 16, 1999. The Church intends to conduct a rummage sale during this period. BACKGROUND: Section 2.4.6(H)(2) of the Land Development Regulations governing Temporary Use Permits requires City Commission approval for uses under a tent. The Commission delegates the approval of Tent permits that are erected for three (3) days or less and which complies with the conditions under Sections 2.4.6(H)(3)(a) to the Chief Building Official. This request is submitted for your consideration because of the length of time the Church is proposing to have the tent erected and the use, church rummage sale. The LDR's prohibits the use of tents for retail sales or other commercial uses. They would normally conduct such sales within their fellowship hall; it will be under going some renovations during this time period. RECOMMENDATION: Staff has not been able to establish any particular hardship, therefore, cannot recommend the approval of the request as submitted by the First Presbyterian Church to erect a tent for three (3) weeks to conduct a rummage sale. City Commission may elect to approve this request considering any additional information provided at the meeting by the representative of the church. Date: December 22, 1998 Agenda Item No. a~.~. AGENDA REOUEST Agenda request to be placed on: X Regular __ Special __ Workshop __ Consent When: January 5, 1999 Description of Agenda Item: Request for a Tent Permit - First Presbyterian Church, 33 Gleason Street Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Denial Head Signature: ~~i ............. Department City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: Account Balance: City Manager Review: Approved for agenda: ~/No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 5/98 First Presbyterian Church 33 Gleason Street Delray Beach, Florida 33483 (561) 276-6338 \ ! ~=.~; ffl'IEODOREA. BUSH, Ph.D. · .~ " $;NIOR PA$'ro~ : JOAN LEROYABELL, M.R.E. ~ ASSOCIATE PA$1OR October 22, ]998 Mr. Jerome Sanzone City of Delray Beach Dept. of Building Inspections 100 NW 1 st Avenue Dekay Beach, FL 33444 Dear Mr. Sanzonc, We would like to request a permit to temporarily install a tent for our church rummage sale. The dates needed would be from January 22 to February 16, 1999. Enclosed is a site plan of the location of the tent. Thank you for your consideration. Sincerely yom-. s, ~ ReTgie E. Moorcroff, Chairmtan Church Improvement Committee !20~r of' w,~ Y .~[ p ~ v E o ~ ::".. ~0o.o' r~ ¢0~ ~ N. OF L~ co~c : ~ OVERHA~ ~'~ T 9 ~' LOT 8 LOT 7 T 10 ~ PA VED ,~/ P ~ -, ~ ~ BUlL DING ~ ~6' SOUTH I 13.8' ~' ~o~ co~ 40.95' OVE~o 16. S ~ "' ~ ~-oo~'~"-~ , ~.~' · ._.~, _~_ .. .. : E : //~ ~ ~ , ' . _1~ ~.~ : ~ ~ ~a.. ~ ~ I~ ~1 ~}]LC T 21 LOT 22 ' :~:~z.5' ~ ~ :~ ':;~ ~:~~' ' ~ -' ' ~ '~:~ k~~4: ~-"~'~'Z B~ONSON~ AV~NU~ (FD.) BRONDSON A ~NUE (P.) . _ -~..'.~ , J, ~ ~ ~ ... ~ ...... :~]~ ~ ~WEST LINE OF LOTS . , ; ~ ',~ , ~.~ I I I ~ ~ ' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MJ~XlAGER~ SUBJECT: AGENDA ITEM~ - REGULAR MEETING OF JANUARY 5, 1999 REQUEST FOR WAIVER AND TEMPORARY USE PERMIT/TRINITY LUTHERAN CHURCH DATE: DECEMBER 31, 1998 We have received a request from Mr. Bob Miller representing Trinity Lutheran Church to allow six (6) camping trailers to be placed on the Trinity Lutheran property for approximately five to six months. The trailers will be occupied by Laborers for Christ, a volunteer organization who will assist in building Emmanuel Lutheran Church for the Haitian community. This temporary placement of trailers on the church property for the length of time requested requires a waiver of the provisions of LDR Section 2.4.6(H) (1) by the City Commission with authorization to issue a temporary use permit. Staff has reviewed the request. As indicated in the attached memorandum from Mrs. Butler, all of our concerns have been addressed as there will be adequate screening as well as accessibility to utility hookups. Recommend approval of the request to waive LDR Section 2.4.6(H) (1) and authorize a temporary use permit for Trinity Lutheran Church to allow six camping trailers to be placed on the church's property for approximately five to six months. ref:agmemo20 Memo To: Robert Barcinski,Assistant City Manager ,y,~ From: Lula Butler, Director, Community Improvement Date: December 31, 1998 Re: Request for Temporary Placement of Trailers/Trinity Lutheran Church The Chief Building and I met with Mr. Bob Miller, Representative for Trinity Lutheran Church at the proposed site of the temporary trailers following his letter of December 30. The temporary trailers will house volunteer labor from the organization of "Laborers for Christ." His letter gives further information on these volunteers including other cities they have worked in. According to Mr. Miller, the church is requesting City Commission approval to place up to six (6) trailers on the Tdnity Lutheran Church campus. The location on the campus is intedor to the site abutting vacant land to the north of the campus. It is screened from view by very large trees and other under growth plant materials. The trailers will be somewhat visible from Lake Ida Road but are far enough into the intedor of the campus (beyond the playground area) that they will probably go unnoticed. Additionally, they are able to have water and electrical hook-up from adjacent resources; sewer will be from an above the ground septic tank. Staff has no objection to City Commission's positive consideration of this request. All of our concerns have been addressed. SECTION 2.4.6 (G)(5)(a) compliance with the report, a copy of whiCh shall be provided with the permit. The permit shall be valid for a period of 180 days. (b) Emer_oency Issuance: In the event that any tree shall be determined to be hazardous or in a condition so as to endanger the public health or safety, and require removal without delay, verbal authorization may be given by the Chief Building Official and the tree removed without obtaining a written permit as herein required. The authorization shall be followed up with issuance of a permit, as verbally authorized, within twenty-four (24) hours. (H) Temporary_ Use Permit: A temporary use shall be required for any of the uses listed below. The granting authority of each use is as shown. 1. Circuses or Carnivals -- City Commission 2. Uses under a Tent -- City Commission 3. Sales Offices and Models at a Residential Development Site -- Chief Building Official 4. Construction Trailers and Compounds -- Chief Building Official 5. City Operated Facilities -- City Commission [Amd. Oral. 75-91 11119191] 6. Seasonal Farmer's Market -- City Commission [Amd. Ord. 45-96 10/15196] 7. Temporary Parking Lots-- City Commission [Amd. Ord. 13-98 3117198] (1) Rule: No temporary use shall be allowed except as provided in this Subsection (H) or as otherwise provided for in these regulations. (2) Re~.uired Information: A request for a temporary use shall be made via letter to the granting authority. The letter shall contain the following information, as applicable to the use being requested. (a) Name of petitioner; (b) Name of property owner and consent therefrom; (c) Location of site; (d) Purpose, activity to be conducted; 2460 SECTION 2.4.6 (H)(2)(e) (e) Period of use; (f) Proof of ability to connect temporary electric services (see Article 7.2); (g) Proof of ability to provide toilet facilities for both men and women on the premises, subject to approval of the County Health Department; (h) How foodstuffs are to be handled; In addition, for circuses and carnivals, the following is required: (i) The nature of the advertising or promotion activity to be conducted for the circus or carnival; (j) Proof of whether or not the applicant, or the individual identified as having the management authority or supervision of the circus or carnival, has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense; (k) If specifically required, copies of all printed advertising proposed to be used in promoting the use; ..i~i~ (I) If specifically required, credentials from the person, if any, for which the · - applicant proposes to do business, authorizing the applicant to act as such representative. (3) Regulations and Restrictions: (a) Uses Under a Tent: 1. The use of a tent, or tents, shall only be as follows: [Amd. Ord. 45-96 10/15196] a. The sale of seasonal items which, when protected from the sun, provides for a less hazardous product for public use (i.e. Christmas tree sales); [Amd. Ord. 45-96 10115196] b. Assembly occupancies to protect the public from the elements. [Amd. Ord. 45-96 10/15196] c. The use of tents for retail sales or other commercial use is prohibited, except as otherwise .permitted in this section. [Amd. Ord. 45-96 10115196] 2461 December 30, 1998 _ Mr. David T. Harden, City Manager _---_ Honorable Members of the City Commission = -' = For over four years the Lutheran Church has been trying to find property in the City of Delray Beach for the establishment of a Church for Emmanuel Lutheran Church, TRINITY ~ Haitian congregation. During this period we have met with the city's various departments and board. After three appearances before the City Commission we Evangelical Lutheran received conditional use and right-a-way abandonment approvals. We are most Church & School grateful for the City Commission's acceptance of our requests. Now, we are about to build with the submitting of the building permit this coming week. In order to save about 20% in building costs we are engaging the Laborers for Christ, an organization of our church body that will come to Delray and build this Mission Church. The Laborers for Christ will be here for about 5 weeks during the period of construction, which we hope to start about the first week in February. They will be coming in trailers, 6 nice rigs, which we would like to locate on the campus of Trinity Lutheran Church, and have the blessings of our congregation. The Rev. C. Scott Oress We understand that the city codes do not permit long-term trailers to be parked Senior Pastor within the city, and we fully understand the reasoning. We will make every attempt The Rev. Kenneth D. Qreen to limit their stay to 5 months but can assure you that it will be no longer than 6 Associate Pastor months. Mr. Andrew J. Novy en'ncipa/ I am enclosing a list of 18 cities in Florida where the Laborers for Christ have been Mrs. Joan B. Mooney accepted without any opposition, as they became a contributing part of those Director o£ Music communities in many ways. Attached also, is a sketch of the Trinity campus and the location where the trailers would be parked in an area that would not interfere with the operation of our church and school. Both the members of Trinity Lutheran Church and Emmanuel Lutheran Church will be ever grateful for the approval of this exception so that the City of Delray will be enhanced with another attractive house of worship. Wishing all the City Staff and the members of the City Commission God's blessings for a successful New Year. 400 N. Swinton Avenue Bob Miller Delray Beach, Florida 33444 Representative for Trinity Lutheran Church, Church Office: (561) 278-1737 Emmanuel Lutheran Church School Office: (561) 276-8458 FAX: (561) 272-3215 To Whom it may concern The following list of Towns and Cities are some of the Locations in Florida that the Laborers For Christ a Volunteer Organization with the Lutheran Church Missouri Synod, have build Churchs, Schools, Day Care Centers for the Congregations at those locations. 1. Chiefland 2. Ocaia 3. Lake City 4. Lilburn 5. Miami 6. Okeechhobee 7. Destin 8. Davie 9. Jackson 10. Dunnelon 11. Parrish 12. Ft. Lauderdale 13. Boynton Beach 14. Rockledge 15. Tallahassee 16. Pamama City 17. Palm Coast 18. Perrine The Laborers For Christ is made up of Retired Lutherans from all walks of Life.They all own their RV,s and have lived on site at all of the above locations, with approval of the local Government, while the Project is under Construction. Submitted for your information TRINITY EV. LUTHERAN CAMPUS Playground ,.-~Y ~ ._ TRINITY EV. LUTHERAN CAMPUS [I~I~Y ~ FI_ Maintenance ~jTH P~I)~ ~ XINIS'~I:Kf FEI.L~ H~L ' ..:: .,:: ,:: ..'::'..':.:'..':...¥:.:'..':~ ~, ~/////~ ~./,~ '/'/~ NORTH [lTV JIF i]ELRRV BER[H DELRAY BEACH NI-AmericaC~ City Manager 993 FROM: ~/'~obert A. Barcinski ¢/ Assistant City Manager DATE: December 30, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JANUARY 5, 1999 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for January 28, 1999 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6 (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to N.E. 1st Street and N.E. 2nd Avenue from Atlantic to just north of the entrance to Palm Beach Photographic; to provide staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages, and to allow the use of pedicabs during the event. BACKGROUND Attached is a request for approval and City assistance for this event from Marjorie Ferrer. The estimated overtime cost for this event is $8,000. City Commission capped the amount the City would pay for overtime at $7,500 for the last four (4) events. Actual overtime costs for December's event were $5,700. A copy of the certificate of insurance and hold harmless agreement are attached. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use of stages and City barricades, setting an upper limit of $7,500 for overtime costs with any difference to be paid by the Joint Venture, and approval for the use of pedicabs provided proper liability insurance is obtained. RAB/tas cc: Lt. Mark Davis Joe Weldon ~ ,..~"'0 Hoyt Owens Fi~:u.'sweeney/agenda Doc.'12 2998a. doc THE EFFORT ALWAYS MATTERS Printed on Recycled Paper arianflc Mr. Robert A. Barcinski, Assista nager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: AGENDA ITEM- FOR CITY COMMISSION MEETING SPECIAL EVENT REQUEST - ART & JA77 ON THE AVENUE Dear Mr. Barcinski: City Commission is requested to endorse the Art & Jazz on the Avenue event scheduled for Thursday, January 28, 1999 and to grant a temporary use permit per LDR'S section 2.4.6(H) for use of City property and right of way. We are requesting street closure on Atlantic Avenue from: o Swinton Avenue to 7th Avenue o South side of Atlantic from 7th to just past the Blue Anchor Pub. o Railroad Way from Atlantic Avenue to N.E. 1st Street o N.E. 2"d Avenue from Atlantic Avenue to the entrance of Palm Beach Photographic. o Temporary Closure from 6:00 p.m. - 6:30 p.m. Atlantic High School Marching Band. Closure will be from 6:00 p.m. to 11:00 p.m. We are requesting that the City provide staff support for barricade setup and removal, trash removal and clean up, police security for traffic control, stage use setup and removal, and banners and signage setup and removal. The City support of this event, with no charge to the Joint Venture, is crucial to our success. Your consideration and cooperation is very much appreciated. Downtown Coordinator /sk DELRAY BEACH JOINT VENTURE ° Community Redevelopment Agency · Delray Beach Chamber of Commcrence * Downtown Development Authority 64 S.E. Fifth Avenue, Delray Beach, FL 33483 · Tel: 561-278-0424 · Fax: 561-278-0555 December 16, 1998 Robert A. Barcinski, Assistant City Manger City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: AGENDA ITEM- CONSIDERATION OF PEDI-CABS FOR ART & JAZZ - JANUARY 28, 1999 Dear Bob: The Joint Venture is requesting approval from the City Commission for the use of pedi- cabs during the Art & Jazz event of January 28, 1999 This request is to permit A1A Bike Rentals, Inc., to operate the pedi-cabs on a one time basis conditioned on the following: 1. That A1A Bike Rentals operates and takes responsibility for this operation. 2. That this approval is for this event only. 3. That the pedi-cab drivers are 18 years or older, with appropriate driver's license, and no traffic violation for the past two years. 4. That A1A Bike Rentals show proof of liability (on file with the City). The parameters for the pedi-cab operation will coincide with the street closures during Art & Jazz which are from Swinton Avenue to 7th Avenue. The hours of closure are from 6:00 p.m. to 11:00 p.m. Your consideration of this request is appreciated. Sincerely, MARJORIE FERRER Downtown Coordinator /sk DELRAY BEACH JOINT VENTURE ° Community Redevelopment Agency · Delray Beach Chamber of Commerence · Downtown Development Authority 64 S.E. Fifth Avenue, Delray Beach, FL 33483 · Tel: 561-278-0424 o Fax: 561-278-0555 SPECIAL EVENT HOLD HARMLESS AGREEMENT The Downtown Delray Beach Joint Venture in consideration of the payment of ten (10) (Name of Entity) dollars, receipt of which is hereby acknowledged, agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property adsing from and in exchange for the Downtown Delray Beach Joint Venture use of City facilities or (Name of Entity) property for the special event of Art and Jazz, * and hereby releases the City of (Name of Entity) Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from the special event of Art and Jazz. (Name of Entity) · This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Downtown Delray Beach Joint Venture as covered under Scottsdale Insurance Company Policy number CLS420116. ART AND JAZZ (Name of Special Event) Witness Name (Please type or print.,n..cce) Title (Please type or print name) DEL~\Y [~E.ACH JOINT ~"ENTURE · Communit? Redevelopment Agency · Deiray Beach Chamber of Commerence · Do',tz:e'~n Development .-kuthonrv - "~ ' 56 . _ _ ~'~4 S E Firih .\venue. Deiray Beach. FL 33483 · Tel: 26t-;,8-1)4;4 · Fax: 1-278-0~;; OIr INFORMATION ~. ~fl~ ?30 ~L~ ~E ~~ ~~ ~Y ~E ~ ~. I v~ k ~ I$ ~ ~ ~T ~l ~ OF ~N~ ~D ~kOW HAVE ~N I~ ~ THE ~ ~ A~E ~ ~E ~ ~RlOO ' City o~ Bea~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~X// SUBJECT: AGENDA ITEM # ~ - MEETING OF JANUARY 5, 1999 SPECIAL EVENT REQUEST/LUPUS FOUNDATION HEALTH WALK DATE: JANUARY 4, 1999 Communication was received today from the Lupus Foundation of America South Florida Chapter requesting a change in the date for their proposed Health Walk. The Lupus Foundation of Southeast Florida is requesting approval for a proposed Health Walk on May 1, 1999. No other changes were requested. Staff recommends endorsement of the event, approval of the temporary use permit, staff support, the parking fee waiver and splitting the overtime costs, provided that disability insurance and a hold harmless agreement are provided. £1TY OF I]ELRAY BEI:I£H 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 TO: David T. Harden 993 City Manager FROM: ~obert A. Barcinski Assistant City Manager DATE: December 30, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JANUARY 5, 1999 SPECIAL EVENT APPROVAL - LUPUS FOUNDATION HEALTH WALK ,4 CTION City Commission is requested to endorse a request from the Lupus Foundation of America Southeast Florida Chapter to hold a Health Walk on Saturday, May 1, 1999 from 7:00 a.m. to 10:00 a.m., to grant a temporary use permit per LDR's Section 2.4.6 (H) for the usc of City Rights-of-Way and facilities, to provide staff assistance for barricading, traffic control and set up, to waive parking meter fees during thc event at Anchor Park, and to split overtime costs 50/50. B,4CKGROUND The Lupus Foundation of Southeast Florida is requesting approval for a proposal Health Walk on May 1, 1999. The 5K walk route will be the certified route used by Parks and Recreation for the Turkey Trot. Set up would be at Anchor Park with the walk proceeding south on Gleason to Casurina, cast to A-l-A, north to George Bush Boulevard, then back to Anchor Park. This event will utilize the sidewalk along A-1-A for part of the route. However, some barricading and traffic control will be needed. As with the Turkey Trots set up would be in the Lifeguard Headquarters garage and the parking lot would be opened and available for parking. Exact details as to traffic control and barricade locations need to be finalized. The maximum estimated overtime for this event would be $2,000.00. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit, staff support, the parking fee waiver and splitting the overtime costs, provided that disability insurance and a hold harmless agreement are provided. RAB/tas File:u:sweeney/agenda Doc:123098a. dac THE EFFORT ALWAYS MATTERS Printed on Rec.vcled Pa~oer [IT¥ JIF I]ELIlR¥ BER[H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 Ail-America City TO: David T. Harden 1993 City Manager FROM: ~Robert A. Barcinski Assistant City Manager DATE: December 30, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JANUARY 5, 1999 SPECIAL EVENT APPROVAL - LUPUS FOUNDATION HEALTH WALK ACTION City Commission is requested to endorse a request from the Lupus Foundation of America Southeast Florida Chapter to hold a Health Walk on Saturday, March 6, 1999 from 7:00 a.m. to 10:00 a.m., to grant a temporary use permit per LDR's Section 2.4.6 (H) for the use of City Rights-of-Way and facilities, to provide staff assistance for barricading, traffic control and set up, to waive parking meter fees during the event at Anchor Park, and to split overtime costs 50/50. BACKGROUND The Lupus Foundation of Southeast Florida is requesting approval for a proposal Health Walk on March 6, 1999. The 5K walk route will be the certified route used by Parks and Recreation for the Turkey Trot. Set up would be at Anchor Park with the walk proceeding south on Gleason to Casurina, cast to A-l-A, north to George Bush Boulevard, then back to Anchor Park. This event will utilize the sidewalk along A-1-A for part of the route. However, some barricading and traffic control will be needed. As with the Turkey Trots set up would be in the Lifeguard Headquarters garage and the parking lot would be opened and available for parking. Exact details as to traffic control and barricade locations need to be finalized. The maximum estimated overtime for this event would be $2,000.00. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit, staff support, the parking fee waiver and splitting the overtime costs, provided that disability insurance and a hold harmless agreement are provided. RAB/tas File.'u:sweeney/agenda Doc:123098a. doc THE EFFORT ALWAYS MATTERS q.,~. LUPUS Foundation of America Southeast Florida Chapter 75 N.E. 6th Avenue, Suite 105 · Delray Beach, Florida 33483 · 1-800-339-0586 o 561-279-8606 · Fax 561-279-9772 David Harden November 25, 1998 City Manager City of Delray Beach 50 NW 1a Avenue De[ray Beach, F1 33444 The Lupus Foundation of America, Southeast Horida Chapter, requests permission from the City of Delray Beach to hold a Health Walk to raise awareness and funds to help fight lupus. We are targeting as our first choice the date of Saturday, March 6, 1999. The proposed course for the walk begins at Anchor Park, north along A1A to George Bush Boulevard, and return south to Anchor Park. We anticipate the walk to commence at 7:00AM and be completed no later than 10:00AM. Traffic control, signs(8), and barricades(5) will be needed along the route We will need Anchor Park as a staging area for the event. We are excited by this event as it will provide great exposure for the Lupus Foundation, as well as the City of Delray Beach. The Lupus Foundation serves 8 counties in South Florida from Key West to Delray Beach. Our headquarters is in Delray Beach. We estimate that there are 60,000 people in South Florida with Lupus. Lupus is a chronic autoimmune disorder that attacks connective tissue. Approximately 2 million Americans suffer from lupus; 90% of whom are women. Commonly, it first attacks teenagers and young women, but is difficult to diagnose. Lupus can devastate otherwise productive lives and can lead to disability and even be fatal. The Lupus Foundation of America, Southeast Florida Chapter, provides public awareness, support, outreach, and education to those suffering from lupus and health professionals, and raises funds for research to help find a cure. We hope you will approve our plans. Please let us know if you require any additional information. We look forward to a mutually beneficial venture. Sincerely, Susan Duane Walkathon Chair Executive Director Serving Dade, Broward, Palm Beach, Martin, Okeechobee, St. Lucie and Monroe Counties CITY DF DELRflY BEACH CITY ATTORNEY'S OFFICE TELEPHONE 407/243-7823 · FACSIMILE 407~43-7816 POLICE LEGAL ADVISOR Ali.America City MEMO~DUM TO: Ci~ Co~ission 1993 FROM: Ca~edne M. Kozol, Police Legal Advisor ~_ _ SUBJECT: Wilma Hum v. Officer Ca~na Plaintiff has filed a case ~ State Cou~ ~ainst a police officer alleging a violation of 42 U.S.C. {1983. ~e case involves ~ incident ~t occu~ed on J~u~ 9, 1998. Officers of ~e Delray Brach Police Depa~cm responded to ~ ~onymous call regarding a noise compla~t at C~er Estates. ~en ~e officers amved, there was no noise disturb~ce occu~g. ~e officers proceeded to investigate the ~on~ous complaint. Officers made con, ct with two separate groups of people inquiring if ~ey had heard or seen ~hing. Officer Ca~ina ~ked Plmtiff her mme. Pla~tiff gave a false name ~d later reused to give her co~ect name, a~er which she w~ ~ested. To sus~m a cMrge for a misdemeanor or ordin~ce violation, the act complained of is required to have occu~ed in the officer's presence. ~e issue in ~s c~e is whether ~em was probable cause for Plamti~s a~est. Failure to give a correct rome in ~d of itself is not a basis for a~est u~ess there was probable cause to believe a violation of law w~ commi~ed. If Pla~tiff prevails, ~e Ci~ will Mve to pay Plamti~s ~mages ~d a~omey's fees. ~ough Plmmi~s ~mages in ~is c~e are ~nimal, Plmti~s a~omey's fees am likely to be in ~e r~ge of $25,000.00. A~er negotiation, Plaimiff h~ offered to s~le in ~e mourn of $10,000.00, subject m Ci~ Commission approval. ~e City A~omey's Office recommends se~lement. C~ef Ovem~ ~d Steve Harman, Claims Adjuster for Gallaher Basse~, concur. Please con,ct me if you ~ve ~y questions, By copy of this memor~dum to David Harden, Ci~ M~er, our office requests that ~s rorer be placed on ~e Ci~ Commission agen~ of J~ua~ 5, 1998. CMK:smk cc: David Harden, City M~ager Sus~ A. Ruby, CiW ARomey ~chard Ovem~, Chief of Police Steve Harman, Claims Adjuster, ~llagher Basse~ Se~iccs, Inc. F~ Babin, ~sk M~ager Alison MacGregor ~, CiW Clerk Printed on Recycled Paper MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~.~.- REGULAR MEETING OF JANUARY 5, 1999 APPOINTMENT TO THE PLANNING AND ZONING BOARD DATE: DECEMBER 31, 1998 With the appointment of Mrs. Archer to the City Commission, a vacancy was created on the Planning and Zoning Board to fill her unexpired term ending August 31, 1999. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. The list of applicants is attached for your review. Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found, with the exception of Robert L. Hornung III. Mr. Hornung has an outstanding invoice with Code Enforcement due on December 30, 1998. At the end of the day on December 30th, the invoice remained unpaid. Hence, a lien will be placed on his property. Based on the rotation schedule, the appointment will be made by Commissioner Randolph (Seat #4). Recommend appointment of a member to the Planning and Zoning Board to fill an unexpired term ending August 31, 1999. ref:agmemo Appointment to the Planning and Zoning Board City Commission Reqular Meetinq of January 5, 1999 The following have submitted applications for consideration: Edward Aptaker Bernard Dahlem Alfred Etienne William W. Harris Robert L. Hornung III Shirley Israel George Maso-Jones (currently serves on West Atlantic Avenue Redevelopment Coalition) Elaine H. Morris/ Ralph Morse David F. O'Connor Edward A. Ostrowski (currently serves as alternate on Nuisance Abatement Board) Randee S. Schatz Jeffrey Silberstein James F. Stahl Pat Stark Timm Sweeney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM /Q~- REGULAR MEETING OF JANUARY 5, 1999 ORDINANCE NO. 49-98 (ANNEXATION, SMALL SCALE FLUM AMENDMENT & INITIAL ZONING/EXPANSION OF BOCA DELRAY ANIMAL HOSPITAL) DATE: DECEMBER 30, 1998 This is second reading and a quasi-judicial public hearing for Ordinance No. 49-98 which annexes Lot 61, Second Addition to Country Club Acres, provides for a small scale Future Land Use Map amendment and establishes initial zoning for the property. It is located at 4965 Jefferson Road (north side of Jefferson Road, approximately 100 feet east of Military Trail and 600 feet south of Atlantic Avenue. The subject property contains a single family dwelling and has a County Future Land Use Map designation of MR-5 (Medium Residential - 5 dwelling units/acre) and County zoning of AR (Agricultural Residential). The proposal is to annex the property into the City, change the Future Land Use Map designation to City GC (General Commercial), and apply an initial zoning classification of GC (General Commercial) District. The proposed use of the property is for the expansion of the Boca Delray Animal Hospital that is located immediately west of the subject property. The Planning and Zoning Board held a public hearing on the requests on November 16, 1998. No one from the public spoke; however, the adjacent property owner (to the east) sent a letter in support of the expansion with noted concerns regarding the noise associated with the kennels. This item is addressed with the conditional use request. After discussion, the Board voted unanimously to recommend approval based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D) (5) of the Land Development Regulations, and policies of the Comprehensive Plan. At first reading on December 1, 1998, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 49-98 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board. ref: agmemol 9 ORDINANCE NO. 49-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 61, SECOND ADDITION TO COUNTRY CLUB ACRES, ACCORDING TO THE PLAT THEREOF, LOCATED ON THE NORTH SIDE OF JEFFERSON ROAD, APPROXIMATELY 100 FEET EAST OF MILITARY TRAIL AND 600 FEET SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF GC (GENERAL COMMERCIAL) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Joseph L. Fabec and Sally Ann Fabec, his wife, are the fee-simple owners of a 0.172 acre parcel of land located at 4965 Jefferson Road (north side of Jefferson Road, approximately 100 feet east of Military Trail and 600 feet south of Atlantic Avenue; and WHEREAS, Beril Kruger Planning and Zoning Consultants, as duly authorized agent for the fee-simple owners hereinabove named, has requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of MR-5 (Medium Density Residential - 5 dwelling units/acre); and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is GC (General Commercial); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of November 16, 1998, and voted unanimously to recommend that the requests be approved with an initial zoning of GC (General Commercial) District, based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: Lot 61, SECOND ADDITION TO COUNTRY CLUB ACRES, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 24 at Page 21. The subject property is located on the north side of Jefferson Road, approximately 100 feet east of Military Trail and 600 feet south of Atlantic Avenue; containing 0.172 acre, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. - 2 - Ord. No. 49-98 Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial). Section 6. 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) (4). Section 7. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District GC (General Commercial) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. 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 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, 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 the land use plan amendment and zoning 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. - 3 - Ord. No. 49-98 PASSED ~ ~OPTED in regular session on second and final reading on this the 5th day of January , 1999. ATTEST: ~ity Clerk First Reading Dece~er 1, 1998 Second Reading January 5, 1999 - 4 - Ord. No. 49-98 ! DELRA Y MD [ K-MART SQUARE 'PLAZA GC MA RKE TPL A CE WASHINGTON FIRST MU TUAL UNION WEST ATLANTIC AVENUE SUNTRUST ~ BANK PINES DELRA Y WES T WES T PLAZA PLAZA SCO TTYS -- !~1 J£~[RSON ROAD LINCOLN ROAD ADAMS ROAD WA ROAD 05 MADISON ROAD N BOCA/DELRAY ANIMAL HOSPITAL I - AREA PROPOSED FOR FUTURE LAND USE MAP AMENDMENT CITY O~ D£LI~AY I)~.ACH. FL PLANNING & ZONING D£PARTMENT FROM: PALM I)[ACH COUNTY MR-5 (MEDIUM RlrSlD[NTIAL-5 UNIT~/ACR£) TO: CITY GC (GENERAL COMMERC~L) --- O/G/F~ ~ ~ $~5'7'E'M -- MAP REt: LM302 SQUARE ~ ' PLAZA ~X~'E'S,~%~X~'T,L~A N T I Cx i A V I P~OC /~ , ~ PINES DELRA Y I ~ST ~ST ~P~B;C. ZONING~ ~ _ N BOCA/I~DELRAY ANIMAL HOSPITAL ~ - AREA PROPOSED FOR REZONING CITy 0~' D£LRAY BEACH. FL PLANNING ~ ZONING DEPARTMENT FROM: PALM BE. ACH COUN'~" AR (AGRICULTURAL R£SIDENTIAL) TO: CiTY GC (GENERAL COMM£RCIAL) --- DIGli',4/.. ~4~£ M,4P $~r£M -- MAP REF: LM302 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 16, 1998 AGENDA ITEM: ITEM: Future Land Use Map Amendment from County MR-5 (Medium Density Residential-5 du/ac) to City GC (General Commercial) and Annexation with Initial Zoning of City GC (General Commercial) for a Parcel of Land Located on the North Side of Jefferson Road, Approximately 100 ft. East of Military Trail and 600 ft. South of Atlantic Avenue. CA~A[~ L-5,.'3 "-- CANAL L-3~ " DELRA Y K-MART SQUARE , PLAZA GENERAL DATA: Owner .............................................. Joseph L. and Sally Ann Fabec MARKETPLACE Applicant ........................................ Boca Delray Animal Hospital D£LRAY Agent ........................................... Beril Kruger Planning and Zoning Consultants WASHINGTON Location ........................................... North side of Jefferson Road, approximately 100 ft. east of Military Trail and 600 ft. south of Atlantic Avenue Property Size ................................... 0.172 Acre Existing F.L.UM. Designation .........County MR-5 (Medium Density Residential-5 du/acre) Proposed F.L.U.M. Designation ....... City GC (General Commercial) Existing Zoning ................................ County AR (Agricultural Residential) Proposed Zoning ............................. City GC (General Commercial) Adjacent Zoning ..................... North: City PC (Planned Commercial) East: County AR South: County AR West: City GC (General Commercial) Existing Land Use ........................... Single Family Residence Proposed Land Use ......................... Future Land Use Map Amendment and Annexation to accommodate an addition to an existing Veterinary Hospital Water Service .................................. Existing on site Sewer Service .................................. Existing on site The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida Statute 171.044), and a Small-Scale Future Land Use Map amendment from County MR-5 (Medium Residential - 5 du/ac) to City GC (General Commercial) with initial zoning of GC (General Commercial). LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. The subject property is located on north side of Jefferson Road, approximately 100' east of Military Trail and 600' south of Atlantic Avenue. I, '"~:' ::iB A C :KG ROUND The subject property involves Lot 61, Second Addition to Country Club Acres. The 0.172-acre property contains a single family home located in unincorporated Palm Beach County, and within the City's Planning Area. It has a County Future Land Use Map designation of MR-5 (Medium Residential - 5 du/ac) and County zoning of AR (Agricultural Residential). The proposal is to annex the property into the City, change the Future Land Use Map designation to City GC (General Commercial), and apply an initial zoning designation of GC (General Commercial). The proposed use of the property is for an expansion to the existing Boca Delray Animal Hospital, which is located immediately west of the subject property. Boca Delray Hospital involves Lots 62 and 63, Second Addition to Country Club Acres, and obtained a water service agreement from the City in 1984 to accommodate the development of a veterinary clinic. On December 12, 1989 via Ordinance No. 67-89, the property was annexed into the City and given an initial zoning designation of GC (General Commercial). Veterinary Clinics are allowed as a Conditional Use in the GC zone district which is addressed in a separate report. '~-F, UTURE LAND ,USE :MAP AMENDMENT ANALYSIS Current Land Use Designations: The current County Future Land Use Map designation for the property is County MR-5 (Medium Residential - 5 du/ac). The current City "advisory" Future Land Use Map designation for this property is LD (Low Density 0-5 du/ac). Requested Land Use Designation: The requested Future Land Use Map change is to City GC (General Commercial). Florida Statutes 163,3187 - Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the Planningand Zoning Board Staff repOrt Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 2 frequency of consideration of amendments (twice a year), subject to the following conditions: 13 The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; and, 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. 13 That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre. 13 The proposed amendment does not involve a text change to .the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. The property that is the subject of a proposed amendment is not located within an area of critical state concern. The FLUM amendment involves a 0.172-acre area; thus the total area is less than the 10 acre maximum. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 acres. This property has not previously been considered for a land use amendment nor has the same property owner's properties been granted a land use change within 200 feet, within the last year. The proposed amendment to GC (General Commercial) is being processed concurrently with a request for annexation and initial zoning of GC (General Commercial), to accommodate an expansion to the existing veterinary clinic, which is allowed as a conditional use in the GC zone district. The proposed amendment does not involve a residential land use. The amendment does not involve a text change to the Comprehensive Plan, and deals with a site specific small-scale amendment activity. The property is not located within a designated redevelopment or traffic concurrency exception area, nor is it within an area of critical concern. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 3 The GC (General Commercial) Future Land Use Map designation is consistent with the proposed GC zoning designation. The proposed use (expansion to the existing veterinary clinic) is allowed as a conditional use within the GC zoning district. Consistency between the City and County Land Use Designations: The City's GC Future Land use Map designation is inconsistent with the County's MR-5 Land Use designation which allows for residential uses. The current City "advisory" Future Land Use Map designation is LD (Low Density). The current City's FLUM designation as initially contained on the City's Future Land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed. Adjacent Land Use Map Designations, Zoning Designations & Land Uses: North: Property to the north has a City Future Land Use Map designation of GC (General Commercial) and PC (Planned Commercial) zoning designation. The property is developed as a shopping plaza (Delray West Plaza). South and East: Property to the south and east have a County Future Land Use Map designation of MR-5 (Medium Density Residential-5 du/ac) and a County zoning designation of AR (Agricultural Residential). The existing land use is a single-family development (Country Club Acres). West: Property to the west has a City Future Land Use Map designation of GC and a zoning designation of GC. The existing land use is a veterinary clinic (Boca Delray Animal Hospital). Allowable Land Uses: Under the proposed GC (General Commercial) Future Land Use Map designation, commercial and office zoning districts (i.e. GC, AC, NC, PC, RT, POC, and POD) are allowed. The applicant has requested an initial zoning designation of GC (General Commercial), which is consistent with the proposed Future Land Use Map designation of GC. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: [3 Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 4 requests for the FLUM designations of Conservation or Recreation and Open Space. The proposal involves annexation of property, which requires changing the FLUM designation from County to City. The current County FLUM designation is MR-5 and the current City "advisory" designation is LD, which allows single family residential zoning districts. The proposed City FLUM designation of GC is to accommodate the expansion of an existing veterinary clinic. The need is particular to this specific business which has outgrown its current space, as opposed to a demonstrated City need for this particular land use. However, the change is being made to a small parcel that is immediately adjacent to the commercial piece, and the residential and commercial uses have co-existed for many years with no problems. The change will likely have minimal impact on the character of the area. Future Land Use Element Objective 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 uses, and fulfills remaining land use needs. The subject property was previously disturbed and contains a single-family dwelling. There are no physical or environmental characteristics of the land that would be negatively impacted by the proposed expansion to the veterinary clinic. Compatibility is not a major concern as the veterinary clinic has been in operation for many years and co-existed with the adjacent neighborhood. There is no knowledge of any problems associated with the existing use. To further compatibility a 6' high concrete wall is proposed along the east property line, and heavy landscaping (i.e. trees 25' on center to form a solid tree line) will be required. The redevelopment of the property from residential to commercial does not necessarily fulfill a remaining land use need, however it will allow a well-established business to make some minor modifications to its site. Based on the above, a positive finding to this Objective can be made. Future Land Use Element Policy A-1.6: To encourage revitalization of the City's Central Business District and enhance the residential character of the western portion of the City, Future land Use Map amendments to commercial designations in the area west of Interstate 1-95 shall be discouraged. This policy was intended to prevent large-scale planned commercial developments such as shopping centers, which could house major retail tenants that would compete with the downtown. The FLUM amendment is for a parcel of land, which is less than an acre and is not, located east of an arterial road. The amendment is to accommodate the expansion of an existing business (i.e. veterinary clinic) which will not compete with the redevelopment efforts in the City's Central Business District. Based upon the above, the proposal is not inconsistent with the Policy. Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 5 Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The following Housing Element Policies apply to this development proposal: Housing. Element Policy A-4.4 (Stabilization Neighborhoods): 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 rezoning to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. As the requested zoning is to GC, a positive finding to this policy cannot be made. An alternative approach that would allow the expansion without conflicting with this policy would be to rezone the subject parcel to CF (Community Facilities), which is one of the "allowable" zoning classifications. The building addition would have to be re-designed to have the expansion along the Military Trail side and the parking in the rear (parking lots are allowed as a conditional use in the CF zone district). A finding of consistency with this policy could then be made. The drawback to this approach is that the driveway access to the site would most likely have to be moved further east, bringing clinic traffic closer into the neighborhood. It would also result in a 7,500 sq. ft. lot having a separate zoning designation from the surrounding area. Housin9 Element Policy A-12.3: In evaluating proposals for new development and redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that the proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The development proposal involves the expansion of an existing veterinary clinic. All aspects of the operation will be conducted inside. Therefore, the use should not have a negative impact with respect to noise, odors or dust. The traffic generated by the proposal is minimal (86 additional trips a day). Access to the site will not change with this development proposal. Access to the site will be through the existing curb cut onto Jefferson Road. As the project is located along the western edge of the neighborhood (adjacent to Military Trail), commercial traffic will not travel through the neighborhood to create a negative impact. Based on the above, the proposed expansion should not result in a degradation of the adjacent neighborhood. In fact, given the marginal condition of the neighborhood, this development proposal may have a positive effect with stabilization of the neighborhood. It is noted, that pursuant to LDR Section 3.1.1(C)(Consistency) a finding of overall consistency can be made even though the action will be in conflict with some Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 6 performance standards within Article 3.3 of the Land Development Regulations, provided the approving body specifically finds that the beneficial aspects of the proposed project outweighs the negative impacts of the identified points of conflict. In order to establish the use of a veterinary clinic, Conditional Use approval is required and Consistency is discussed further within that report. El Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. As discussed later in this report, the property can be developed at the highest intensity allowed under the GC land use designation and meet adopted concurrency standards. ~ Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Compatibility with the commercial developments to the north and west is not a concern. Compatibility with abutting residential properties to the east and south is a concern, however, there are sufficient LDR requirements in place to mitigate any potential negative impacts (i.e. landscape regulations and District Boundary Separation requirements). These items are further addressed with the Conditional Use analysis. Q Compliance -- Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of the conditional use and site plan approval requests. There should be no problems complying with the Land Development Regulations. ANNEXATION ANALYSIS Florida Statutes Governing Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.$. 171.031(13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or, (2) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 7 El The property is contiguous with the City along the north and west property lines. The property does abut unincorporated areas to the south and west. As a single municipality does not bound the subject property on all sides an enclave is not being created by this annexation proposal. Land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within designated annexation area "D" (as identified in Future Land Use Element Policy B-3.5) on the east side of Military Trail south of Atlantic Avenue. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. CONCURRENCY: Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 7. Zone 7 is bordered by Jog Road on the west, the Delray Beach City Limits on the east, Atlantic Avenue on the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 5.5 minutes of the County's Fire Department (Fire Station #.42/Hagen Ranch Road near the Turnpike) to approximately 2.5 minutes for the City's Fire Department (Fire Station ~.4 at Barwick and Lake Ida Roads). Planning. and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 8 Water: The veterinary clinic has had City water since 1984, originally through the execution of a water service agreement and subsequently through annexation into the City. Water is provided to the site via a service lateral connection to an 8" water main located with Jefferson Road right-of-way. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant to handle the additional demands generated by expansion of the clinic. Sewer: Sewer is currently provided to the veterinary clinic via a service lateral connection to an 8" main located along the south side of Delray West Plaza, which will serve the expansion as well. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant to handle the additional demands generated by expansion of the clinic. Streets: This property has access via Jefferson Road, which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. A traffic study was submitted and states that the proposed 2,500 square foot expansion will generate 86 additional trips per day. The existing single family development generates 10 trips per day. Military Trail currently is operating at LOS "D", which can accommodate the vehicular trips generated by the proposed development. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: A slight increase in solid waste generation will be realized with this development proposal. The service provider will change, as described later in this report. FINANCIAL IMPACTS: Effect Upon Annexed Property: For the 1998 tax year the subject property had an assessed value of $64,285. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU 2.5764 Deleted (County) Library .4997 Deleted (County) City Of Delray Beach 6.9100 Added (City) City of Delray Beach Debt .7900 Added (City) 4.6239 Difference* * Total tax millage in the County is 19.8597 mills while in the City the total millage rate is 24.4836 mills. Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 9 The current yearly ad valorem taxes are $ 1,256.79. With annexation the yearly ad valorem taxes will be $1,573.92; a tax difference of $ 317.14. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units the fee is calculated using the following formula (# sq.ft, of impervious area/2,502) X $54. A 25% discount from the assessment is available as the site is within the Lake Worth Drainage District and an additional 25% discount may be available if drainage is retained on site. Solid Waste Authority - The annexation is being processed to accommodate the expansion of a business that is already receiving sanitation service from the City, BFI (Browning Ferris Industries). BFI will continue to service the site after the addition is complete. Occupational License Fees - The veterinary clinic has an occupational license. The City license fee for the facility is $125. As the proposal involves an expansion to the existing facility, no additional fees will be realized with this development proposal. Resulting Impacts to Property Owner: SUMMARY OF FINANCIAL IMPACTS ON THESUBJECT~ PROPERTY · FINANCIAL CONSIDERATIONS: AD VALOREM TAXES +$ 317.14 (Change from 97/98 County of 19.8597 to City 97198 rate 24.836 mills.(4.7239) NON AD VALOREM Stormwater Assessment $ .00 Solid Waste Collection $ .00 WATER & SEWER UTILITY FEES $ .00 OCCUPATIONAL LICENSE FEES $.00 ANNUAL FINANCIAL IMPACT: +$ 317.14 Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 10 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 5.5 minutes (County) to 2.5 minutes (City) EMS + Faster response time from (estimated time) 5.5 minutes (County) to 2.5 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs reactive opportunity to work with property owners Fiscal Impacts to the City: At the 1998/99 City operating millage rate of 6.91 mills and debt rate of 0.79 mills, the vacant property will generate approximately $494.98 in new ad valorem taxes per year. With future development, additional revenues will be realized through increased assessment value, building permit fees, the annual collection of the stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. The proposed City zoning designation is GC (General Commercial) while the current County zoning designation is AR (Agricultural Residential). The surrounding zoning designations are: County AR to the south and east; City PC (Planned Commercial) to the north; and City GC (General Commercial) to the west. 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 application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed GC zoning designation is consistent with the proposed General Commercial Future Land Use Map designation. The proposed veterinary clinic is allowed as a conditional use within the GC zone district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 11 CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of single family lot. There will be no changes in the manner that water, sewer, drainage, and streets/traffic will be provided. Fire, EMS, solid waste and police will shift to a different provider; however, all of these services will be equal to or better than existing services (see annexation analysis for details). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The subject property contains a single-family dwelling. The development proposal involves the demolition of the dwelling for the expansion of a veterinary clinic. Any future development will be required to comply with all Land Development Regulations. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D)(5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment analysis section of this report. Section 3.3.2 (Standards for Rezoning Actions): Standard A, B, and C are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.3.2 are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial GC zoning designation will accommodate the proposed expansion to the veterinary clinic as a conditional use. Compatibility with the adjacent residential development will relate to how the lot is ultimately designed. The sketch plan indicates that the bulk and massing of the structure will be located to the west of the property (along Military Trail). A 6' high c.b.s, wall is proposed along the east property line to buffer any impacts from noise or headlights that may be generated by the development proposal. Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 12 Regulations that help mitigate impacts include the placement trees every 25' along the east and south property lines where the subject property abuts the single-family neighborhood. Compatibility of a specific development proposal with the adjacent developments will be appropriately addressed with the review of the Conditional Use and site and development plan requests. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant is applying for annexation of this property into the City, which requires that an appropriate zoning designation be applied. The GC zone designation is being sought to be consistent with the proposed City Future Land Use Map designation of GC. As previously discussed the GC FLUM and zoning designations are requested to accommodate the expansion of an existing veterinary clinic. While the zoning change does not specifically meet the findings listed above, the rezoning will allow a use that can be determined to be appropriate for this particular property given its location adjacent to the existing clinic and Military Trail. The home is not owner-occupied and the condition of the property appears to be deteriorating. The Boca Delray Animal Hospital is well maintained and when expanded onto this property will likely have a positive impact on the surrounding neighborhood, The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On November 4, 1998, the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 13 IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: El Country Club Acres El Greensward Village Condominium Association (within The Hamlet development) El Hamlet Residents Association El Highpoint West El PROD (Progressive Residents of Delray) El Presidents Council Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCL'US!iONs,,;i~:-i: ,i;i~,'' Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. However, the requested Future Land Use Map and zoning designations of GC are inconsistent with numerous Comprehensive Plan policies and required LDR findings. The majority of these inconsistencies could be addressed by applying a CF zoning designation to the annexed parcel, and redesigning the site so that the added parcel contains only parking. While this approach provides the consistency, it would create a development with split zoning classifications, and require relocation of the driveway further to the east into the residential area. LDR Section 3.1.1(C)(Consistency) allows the Board to make a finding of overall consistency even when the action will conflict with some performance standards, provided that the approving body specifically finds that the beneficial aspects of the proposed project outweigh the negative impacts of the identified points of conflict. While the GC land use and zoning allow more intense uses than are allowed under the current City advisory designation of LD (Low Density Residential), sufficient regulations exist to properly mitigate any potential adverse impacts from the expanded use. Additionally, any negative aspects of the veterinary clinic expansion will be further reviewed and can be mitigated through the conditional use process. If the Board does not find that the beneficial aspects of the project outweigh the negative impacts of the Planning-and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 14 inconsistencies with applicable policies and LDR standards, a recommendation can be made to rezone the parcel to Community Facilities. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes. Upon development of the property for commercial purposes, the City will receive additional revenue from property taxes, in addition to stormwater assessment fees, utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue increase is approximately $494.98 a year. In conjunction with the annexation, Conditional Use approval is being sought and is discussed under a separate report. A site and development plan submittal will also follow. Compatibility of a specific development proposal with the adjacent developments will be addressed with the review of the Conditional Use request and again with a site and development plan request. ' : ALTERNATIVE A'CTIO~N S A. Continue with direction to apply an initial zoning of CF (Community Facilities). B. Recommend approval of the Annexation based upon the following findings: 1. That the property is contiguous, reasonably compact and does not create an enclave; and, 2. That services will be provided to the property in a manner similar to other similar properties within the City. And, recommend approval of the Small-Scale Future Land Use Map amendment from County MR-5 to City GC (General Commercial) and initial zoning designation of GC (General Commercial) for Boca Delray Animal Hospital based upon positive findings with respect to Future Land Use Element Objective A-1 and Housing Element Policy A-12.3 of the Comprehensive Plan; and a finding that while the proposal is inconsistent with certain other policies and standards, the positive aspects of the project outweigh the negative impacts. C. Recommend denial of the Annexation, Small-Scale Future Land Use Map amendment from County MR-5 to City GC (General Commercial) and initial zoning designation of GC (General Commercial), for Boca Delray Animal Hospital based upon a failure to make positive findings with respect to the following: Future Land Use Element Policy A-1.7 (FLUM Amendment Findings); Housing Element Policy A- 4.4 (Most Restrictive Zoning); and LDR Section 2.4.5(D)(5) (Reasons for Rezoning). Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 15 Recommend approval of the Annexation based upon the following findings: 1. That the property is contiguous, reasonably compact and does not create an enclave. 2. That services will be provided to the property in a manner similar to other similar properties within the City. And, recommend approval of the Small-Scale Future Land Use Map amendment from County MR-5 to City GC (General Commercial) and initial zoning designation of GC (General Commercial) for Boca Delray Animal Hospital based upon positive findings with respect to Future Land Use Element Objective A-1 and Housing Element Policy A- 12.3 of the Comprehensive Plan; and a finding that while the proposal is inconsistent with certain other policies and standards, the positive aspects of the project outweigh the negative impacts. Attachments: · Future Land Use Map · Zoning Map TO: DAVID T. HARDEN THRU: DIANE DOMINGUEZ DEPARTMENT OF PLANNING AND ZONING FROM: J~K~NNER SUBJECT: MEETING OF JANUARY 5, 1999 CONDITIONAL USE REQUEST TO EXPAND A VETERINARY CLINIC FOR THE BOCA DELRAY ANIMAL HOSPITAL WHICH IS LOCATED AT THE NORTHEAST CORNER OF JEFFERSON ROAD AND MILITARY TRAIL The subject property involves Lots 61-63, Second Addition to Country Club Acres. The applicant is seeking voluntary annexation, FLUM amendment and initial zoning of GC for Lot 61 (discussed in a separate report) to allow an expansion of the existing veterinary clinic for Boca Delray Animal Hospital. Veterinary Clinics are allowed as a Conditional Use in the GC zone district, which is the request before the Commission. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of November 16, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of the request. While no one from the Public spoke on the item, the Planning and Zoning Department received a letter from the adjacent property owner requesting that the kennels not be located within the east section of the building (closest to his property). The Board discussed the location of the kennels and the dumpster and felt that some modifications to the sketch plan should be made to ensure compatibility with the adjacent residential property, and modified the conditions of approval accordingly. The Board voted 7-0 to recommend that the Conditional Use be approved based upon positive findings and subject to the following revised conditions of approval: 1. That a site plan be processed that is in general conformance with the sketch plan, with the exception of dumpster and parking issues which are to be resolved at time of site plan approval. 2. That the hours of operation remain 7:30 to 6:00 p.m. Monday through Saturday. 3. That a 6' high c.b.s wall be provided along the east property line along with the required landscaping for buffering purposes, and if the wall and landscaping cannot be placed in the easement, that they be located west of the easement. 4. That trees 25' on center to form a solid tree line be provided along the south property line. City Commission Documentation Conditional Use Request to Expand the Boca Delray Hospital Page 2 5. That documentation is provided verifying the easement holder and that the proposed improvements within the easement are acceptable. 6. That the boarding aspects of the business not be expanded. 7. That a floor plan be provided verifying the existing square footage of the kennel area, and that the kennels be located to the north side of the building to help mitigate any impacts of noise on the adjacent single family home. By motion, approve the Conditional Use request to expand the veterinary clinic for Boca Delray Animal Hospital based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the conditions recommended by the Planning and Zoning Board. Attachments: P& Z Staff Report and Documentation of November 16, 1998 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 16, 1998 AGENDA ITEM: ITEM: Conditional Use Request to Allow the. Expansion of a Veterinary Clinic for Boca Delray Animal Hospital, Located at the Northeast Corner of Military Trail and Jefferson Road. ~A~AL L-33 ~ANAL L-33 MARKETPLACE ~-'~ GENERAL DATA: o~O~ ~ .............................................. Dr. Albert Angel & Joseph L. and -~ ~~--~- Owner Sally Ann Fabec Applicant ........................................ Boca Delray Animal Hospital WESTATLANTIC AVENUE Agent ........................................... Beril Kruger Planning and Zoning Consultants Location ........................................... Northeast corner of Military ~,~~ WEST Trail and Jefferson Road. Property Size ................................... 0.516 Acre Existing F.L. UM. Designation ......... County MR-5 (Medium Density Residential-5 du/acre) Existing Zoning ................................ County AR (Agricultural Residential) Adjacent Zoning ..................... North: City PC (Planned Commercial) East: County AR South: County AR West: City GC (General Commercial) Existing Land Use ........................... Single Family Residence Proposed Land Use ......................... Condition Use request to allow the expansion of an existing Veterinary Clinic with associated parking and landscaping. Water Service .................................. Existing on site Sewer Service .................................. Existing on site Vl.D. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval for the expansion of a veterinary clinic for Boca Delray Animal Hospital, pursuant to LDR Section 2.4.5(E). The subject property is located at the northeast corner of Jefferson Road and Military Trail. ' The subject property involves Lots 61-63, Second Addition to Country Club Acres. The west portion of the property (Lots 62 and 63) obtained a water service agreement from the City in 1984 to accommodate the development of a veterinary clinic (Boca Delray Animal Hospital). On December 12, 1989 via Ordinance 67-89, the subject property was annexed into the City and given an initial zoning designation of GC (General Commercial). Lot 61 contains a single-family dwelling located in unincorporated Palm Beach County. The applicant is seeking voluntary annexation, FLUM amendment and initial zoning of GC for Lot 61 (which are discussed in a separate report) to expand the existing veterinary clinic. Veterinary Clinics are allowed as a Conditional Use in the GC zone district, which is the request before the Board. Conditional Use approval is being sought to expand the veterinary clinic onto Lot 61. Access to the site is provided from Jefferson Road (the existing ingress/egress point for the veterinary clinic). The development proposal consists of the following: · Construction of a 2,400 square foot expansion to the existing veterinary clinic; · Installation of 14 additional parking spaces; · Installation of a dumpster enclosure; and · Associated landscaping. The applicant has submitted the following narrative describing the operation: "The proposed use is an expansion of an existing veterinary clinic located on Military Trail. The hours of operation will continue to be 7:30 a.m. to 6:00 p.m. There are 6 persons employed at this site. This is a full service animal clinic providing both in-patient and out patient care and boarding of animals. Surgical facilities are also available. Boarding was an allowed use when the animal hospital was approved in the County prior to annexation into the City of Delray Beach." Planning and Zoning Board Siaff Report ~ Conditional Use Approv Boca Delray Animal Hospital Page 2 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 application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The current County Future Land Use Map designation for Lot 61 is MR-5 (Medium Residential- 5 du/ac). The current City "advisory" designation is LD (Low Density). The requested Future Land Use Map change is to City GC (General Commercial). The current County zoning is AR (Agricultural Residential). The requested zoning is to City CC. The proposed GC zoning designation is consistent with the proposed GC Future Land Use Map designation, and "Veterinary Clinic" is allowed as a conditional use in the GC zone district [LDR Section 4.4.9 (D)(5)]. Further, Lots 62 and 63 containing the existing veterinary clinic have a Future Land Use Map designation of GC and a zoning designation of CC. Based on the above, a finding of consistency between the Future Land Use Map and zoning designations can be made. CONCURRENCY: Facilities which are provided by or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as it relates to Water and Sewer, Streets and Traffic, Parks and Open Space were discussed in the Annexation report. Concurrency as it relates to Drainage, and Solid Waste is discussed below. Drainage: Paving and drainage plans are not required for the conditional use analysis. Drainage can be accommodated on site via an exfiltration system and/or sheet flow into sodded swale areas. There are not problems anticipated complying with Lake Worth Drainage District requirements. Thus, positive findings with respect to this level of service standard can be made. If the conditional use request is approved, a paving and drainage plan must be provided with the submittal of the site plan. Planning and Zoning Boa~d..Siaff Report Conditional Use Approv ~,oca Delray Animal Hospital Page 3 Solid Waste: '" The existing veterinary clinic generates 6.15 tons (3,000 sq.ft, x 4.19 pounds per square foot per year = 12,570 + 2,000 = 6.15 tons) of solid waste per year. The proposed 2,400 square foot expansion will generate 4.92 tons of solid waste per year for a total of 11.07 tons. The Solid Waste Authority has indicated that it does not object to projects that generate less than 10 tons of solid waste per year. Therefore, no concerns are noted with the 4.92 increase of solid waste per year. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Future Land Use Element Objective 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 uses, and fulfills remaining land use needs. The subject property was previously disturbed and contains a single-family dwelling. There are no physical or environmental characteristics of the land that would be negatively impacted by the proposed expansion to the veterinary clinic. Compatibility is not a major concern as the veterinary clinic has been in operation for many years and co-existed with the adjacent neighborhood. There is no knowledge of any problems associated with the existing use. To mitigate potential impacts on the adjacent single family home, a 6' high concrete wall is proposed along the east property line, and heavy landscaping (i.e. trees 25' on center to form a solid tree line) will be required. The redevelopment of the property from residential to commercial does not necessarily fulfill a remaining land use need, however it will allow an established business to expand to meet is space needs. Based on the above, a positive finding to this Objective can be made. Housing Element Policy A-12.3: In evaluating proposals for new development and redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that the proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The development proposal involves the expansion of an existing veterinary clinic. All aspects of the operation will be conducted inside. Therefore, the use should not have a negative impact with respect to noise, odors or dust. The traffic generated by the proposal is minimal (86 additional trips a day). Access to the site will continue to be through the existing curb cut onto Jefferson Road. As the project is located along the western edge of the neighborhood (adjacent to Military Trail), commercial traffic will not Planning and Zoning Boar-dS;,aff Report Conditional Use Approw Boca Delray Animal Hospital Page 4 travel through the neighborhood to create a negative impact. Based on the above the proposed expansion should not result in a degradation of the adjacent neighborhood. SECTION 2.4.$(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.$(E)($) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north by City PC (Planned Commercial) zoning; to the west, across Military Trail, by City RM-8 (Medium Density Residential - 8 du/ac); and to the south and east by County AR (Agricultural Residential) zoning. The existing land uses are to the north Delray West Plaza; to the west, a vacant multiple family parcel; and to the south and east a single-family development (Country Club Acres). There are no concerns with the shopping plaza located to the north as a concrete wall exists along this property line. The existing veterinary clinic has an established buffer along the west side of its property and the expansion is to the east, therefore no concerns are noted with compatibility with the property located across Military Trail. Compatibility with the adjacent residential subdivision to the east and south is a concern, however the impacts can be mitigated through appropriate buffering. Pursuant to LDR Section 4.6.16(H)(3)(e) when a commercial type of development directly abuts residentially zoned property or properties in residential use, a masonry wall or hedge with the height of 4 %' at the time of planting and a line of trees 25' on center are required. Pursuant to LDR Section 4.6.4 (A)(1) Special District Boundary Treatment, where the rear or side of commercially zoned property directly abuts residentially zoned property without any division or separation between them, the commercially zoned property shall provide a 10' building setback from the property line located adjacent to the residentially zoned property. In addition, either a solid finished masonry wall 6' in height or a continuous hedge at least 4 %' in height at the time of installation shall be located inside and adjacent to the portion of the boundary line of the commercially zoned property which directly abuts the residentially zoned property. If a wall is used, it shall have only those openings as required by other City codes to meet severe storm construction standards. No walkways or other pedestrian ways shall be located through the wall or hedge. These regulations apply along the east and south property lines where residential zoning exists. The sketch plan indicates that the building exceeds the 10' minimum setback. A 7'- 5" wide "utility and ditch" easement exists along the east property line of Lot 61. The sketch plan indicates that a 6' high c.b.s, wall along with required landscaping are to be located within the easement which will replace an existing wood fence. There is a concern that the footer of the wall and the landscaping may impede drainage and be placed over existing utilities. Documentation must be provided indicating who the Planning and Zoning Board Siaff Report ~- Conditional Use Approv, ~,oca Delray Animal Hospital Page 5 easement holder is, and verification that the proposed improvements within the easement are acceptable. Otherwise the wall and landscaping must be moved to the west (outside of the easement). This item will further be addressed with the site plan submission. Another issue of concern is that the existing clinic contains boarding facilities, which are not allowed in the GC zone district. However, the boarding aspect was established in the County and when annexed into the City became a non-conforming situation. This nonconformity can remain however, may not be expanded with the new facility. The provision of a floor plan that indicates the existing boarding area to verify its square footage will be required. Further, the kennels should be located to the west or south side of the building (not to the east as indicated on the proposed floor plan) to reduce any noise impacts on the adjacent single family home. These items have been attached as a condition of approval. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following "Items of Concern" have been identified. The attached technical comments, which include the items below, have been transmitted to the applicant and will need to be addressed with revised plans. LDR Chapter 4.6 Supplementary District Regulations: Parking: Pursuant to LDR Section 4.6.9(C)(4)(c), parking for Medical Offices shall provide 5 spaces per 1,000 of floor area. The combined square footage of the existing and proposed veterinary clinic is 5,400 square feet requiring 27 parking spaces, and 27 parking spaces are proposed. However, two parallel parking spaces proposed along the east side of the building are not functional. Staff would support a reduction in parking to 4.5 spaces per 1,000 square feet based on the use being a veterinary clinic that does not generate as much traffic as a medical office. If the reduction is granted, 2 parking spaces can be eliminated as well as the need to provide an additional handicap parking space. OTHER ISSUES: Unity of Title: As the development proposal will be constructed on three individually platted lots, a Unity of Title will be required to tie the lots together so that they function as one development. Solid Waste: A 10' x 10' dumpster enclosure is proposed along the east side of the building and does not functionally work. The dumpster should be relocated to take access from the parking lot. Planning and Zoning Boa~Staff Report ~' Conditional Use Approv~ c~oca Delray Animal Hospital Page 6 The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Site Plan Review and Appearance Board: If Conditional Use approval is granted, a revised site plan must be submitted accommodating the concerns raised through the conditional use petition. Final action on the site plan will rest with the Site Plan Review and Appearance Board. Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: I~1 Country Club Acres Q Greensward Village Condominium Association (within The Hamlet development) ~ Hamlet Residents Association ~ Highpoint West r3 PROD (Progressive Residents of Delray) ~ Presidents Council The proposed conditional use is to expand the existing veterinary clinic onto Lot 61, Second Addition of Country Club Acres. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. As a condition of approval, the boarding aspects of the business may not be expanded. A. Gontinue with direction. B. Recommend approval of the request for Conditional Use approval for Boca Delray Animal Hospital, based upon positive findings with respect to Section 2.4.5(E)(5) Planning and Zoning Boa~LStaff Report -- Conditional Use Approw. ~,oca Delray Animal Hospital Page 7 (Compatibility) and Chapter 3 (Performance Standards) of the Land Development' Regulations, and the policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use approval for Boca Delray Animal Hospital based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). By motion, recommend approval of the request for Conditional Use approval for Boca Delra¥ Animal Hospital, based upon positive findings with respect to Section 2.4.5([:)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That a site plan be processed that is in general conformances with the sketch plan. 2. That the hours of operation remain 7:30 to 6:00 p.m. Monday through Saturday. 3. That a 6' high c.b.s wall be provided along the east property line along with the required landscaping for buffering purposes, and if the wall and landscaping cannot be placed in the easement, they will need to be located west of the easement. 4. That a hedge 4 ~' at the time of planting and trees 25' on center to form a solid tree line be provided along the south property line. 5. That documentation is provided verifying the easement holder and that the proposed improvements within the easement are acceptable. 6. That the boarding aspects of the business not be expanded. 7. That a floor plan be provided verifying the existing square footage of the kennel area, and that the kennels be located to the west or south sides of the building to help mitigate any impacts of noise on the adjacent single family home. Attachments: · Location Map · Sketch Plan To whom it may concern; My name is Mike Ricard and my family and i have lived across the street from the animal hospital for three years. We have found the people there to be good neighbors throughout this time. I do not oppose the expansion of the hospital to include a kennel on the adjoining property. Mike Ricard 4972 Jefferson Rd. Delray Beach, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY I~2XlAGER~ SUBJECT: AGENDA ITEM #/~ - REGULAR MEETING OF JANUARY 5, 1999 ORDINANCE NO. 50-98 (TREE SELECTION ADJACENT TO OR WITHIN UTILITY EASEMENTS) DATE: DECEMBER 31, 1998 This is second reading and a public hearing for Ordinance No. 50-98 which amends LDR Section 4.6.16, "Landscape Regulations", to address guidelines established by Florida Power & Light to heighten awareness of the importance of proper tree selection when planting in or near utility easements. FP&L has produced a circular ("Plant the Right Tree in the Right Place", copy attached) which gives recommendations for small, medium and large trees, as well as small and large palms, indicating the distance from which they can be planted to power lines. These recommendations would be adopted by reference to the circular. Additional background and analysis is found in the attached Planning and Zoning Board staff report. The Planning and Zoning held a public hearing on the proposed amendment at its meeting of November 16, 1998. There was no public testimony. The Board voted unanimously to recommend that LDR Section 4.6.16(A), "Landscape Regulations - Purpose", be amended to provide for proper tree selection adjacent to utilities to mitigate damages by trees, and Section 4.6.16(D), "Site Design Requirements", by adding subsection (4), "Tree Selection Adjacent to or Within Utility Easements", which defines restrictions on trees planted within utility easements. At first reading on December 1, 1998, the City Commission passed the ordinance by unanimous vote. Since then, a minor wording change has been made to the proposed new subsection 4.6.16(D) (4) to clarify that the ordinance will be applicable to trees planted subsequent to the effective date (see page 3 of the ordinance). Recommend approval of Ordinance No. 50-98 on second and final reading, based on the findings and recommendation of the Planning and Zoning Board. ref: agmemol 3 ORDINANCE NO. 50- 98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.16, "LANDSCAPE REG~TIONS", SUBSECTION 4.6.16(A), "PURPOSE", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR PROPER TREE SELECTION ADJACENT TO OR WITHIN UTILITY EASEMENTS; AMENDING SUBSECTION 4.6.16(D), "SITE DESIGN REQUIREMENTS", BY ENACTING SUBPARAGRAPH 4.6.16(D) (4), "TREE SELECTION ADJACENT TO OR WITHIN UTILITY EASEMENTS" TO PROVIDE FOR RESTRICTIONS ON TREES PLANTED A~JACENT TO OR WITHIN UTILITY EASEMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on November 16, 1998, and voted unanimously to recommend that it 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 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 4.6, "Supplemental District Regulations", Section 4.6.16, "Landscape Regulations", Subsection 4.6.16(A), "Purpose", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 4.6.16 Landscape Regulations (A) Purpose: The objective of this article is to improve the appearance of setback and yard areas in conjunction with the development of commercial, industrial, and residential properties, including off-street vehicular parking and open-lot sales and service areas in the City, and to protect and preserve the appearance, character and value of the surrounding neighborhoods and thereby promote the general welfare by providing minimum standards for the installation and maintenance of landscaping. This section also provides minimum standards for nonconforming sites and requires the upgrading of the landscaping on these properties, to the extent physically possible, within three (3) years. This section is further intended to fulfill objectives as contained within the Conservation Element of the Comprehensive Plan by providing for: the conservation of potable and non-potable water; the implementation of xeriscape landscaping principles; proper tree selection adjacent to or within utilities to mitiqate damaqes which may be caused by trees; maintaining permeable land areas essential to surface water management and aquifer recharge; encouraging the preservation of existing plant communities; encouraging the planting of site specific, native and drought tolerant plant materials; establishing guidelines for the installation and maintenance of landscape materials and irrigation systems; reducing air, noise, heat and chemical pollution through the biological filtering capacities of trees; reducing the temperature of the microclimate through the process of evapotranspiration; and promoting energy conservation through the creation of shade. The provisions of this section are minimum standards which may be increased in accordance with the guidelines contained herein as well as aesthetic criteria established by the Site Plan Review and Appearance Board and the Historic Preservation Board when applicable. Additional landscape requirements may be required for certain zoning districts and roadways as provided for elsewhere in these regulations. Section 2. That Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.16, "Landscape Regulations", Subsection 4.6.16(D), "Site Design Requirements", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Site Design Requirements: The following site design standards, concepts and practices shall be adhered to in the preparation of landscape plans. (1) Concepts for Water Conservation: (No Changes) (2) Preservation and Promotion of Existing Plant Co.u,~unities: (No Changes) (3) Site Specific Planting Materials: Trees and other vegetation used in the landscape design should be appropriate to the conditions in which they are planted, to the greatest extent, they shall be: (a) Salt tolerant relative to the area in which they are planted; - 2 - Ord. No. 50-98 (b) Able to withstand reduced water conditions if planted in sandy soils; (c) Able to withstand wet conditions when planted around retention/detention ponds or in swales.i (4/ Tree Selection Adjacent to or Within Utility Easements: Required perimeter landscape buffers often coincide with utility easements. Careful selection of tree species is essential to minimize conflicts as trees mature. Trees planted subsequent to the effective date of this ordinance shall meet the following criteria: (a) The ultimate mature height and width of a tree to be planted should not exceed the available overhead growing space. Tree species shall be consistent with the recommendation in the most recent publication of Florida Power and Light Company's "Plant The Right Tree In The Right Place" (copies available from the Community Improvement Department), which provides recommendations for tree selections. (b) Trees shall not be planted within ten (10) feet of any underground utilities. (c) Trees shall have non-invasive growth habits which will not interfere with adjacent above/underground utilities. 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 its passage on second and final reading. - 3 - Ord. No. 50-98 PASSED ~D ~OPTED in regular session on second and final reading on this the 5th day of January , 1999. ATTEST: ~ity Cl4rk First Reading December 1, 1998 Second Reading January 5, 1999 - 4 - Ord. No. 50-98 MEETING DATE: NOVEMBER 16, 1998 AGENDA ITEM: VI. E. - AMENDMENT TO LDR SECTION 4.6.16 (A) & (D) (LANDSCAPE REGULATIONS), TO ADDRESS GUIDELINES ESTABLISHED BY FLORIDA POWER & LIGHT (RIGHT-TREE-RIGHT-PLACE GUIDELINES). The item before the Board is that of making a recommendation to the City Commission regarding amendments to the Land Development Regulations Section 4.6.16 ~ Regulations, (A) Pumose , to provide for proper tree selection adjacent to utilities to mitigate damages which may be caused by trees, and (D) Site Design Reauirements , adding subsection (4) Tree Selection Ad!acent to Utility Easements, which defines restrictions on trees placed in utility easements. Pursuant to LDR Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. Florida Power and Light Company (FPL) is encouraging cities to adopt their Right-Tree-Right-Place guidelines to heighten awareness of the importance of proper tree selection when planting in utility easements. Utility infrastructure is often jeopardized by the incorrect placement or selection of certain tree species. "Right-Tree-Right-Place" supports the City's objective of creating tree-lined streetscapes without compromising utility services. The cities of Boynton Beach, Boca Raton, Pompano and Lauderhill have adopted the Right-Tree-Right- Place guidelines through revisions to their landscape codes. FPL has requested the City of Delray Beach to adopt code amendments to strengthen language contained in the landscape code regarding planting restrictions in utility easements. LDR SECTION 2.4.5(M)(5)(Findings): In addition to 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. The proposed amendment will add to the site design requirements [Section 4.6.16 (D)], which would place restrictions on trees allowed within utility easements. The mature height and width of a tree should not exceed the available overhead growing space. FPL has produced a circular, "Plant the Right Tree in the Right Place" (copy attached), which gives recommendations for small, medium and large trees, as well as small and large palms, indicating the distance from which they can be planted to powerlines. FPL's recommendations would be adopted by reference to the circular. P&Z Board Memorandum Staff Report LDR Text Amendment - Landscape Regulations -' Right-Tree-Right-Place' Page 2 Trees would also be restricted within ten feet of any dnderground utilities. This would pertain to all utilities, not just FPL. Tree selection would be further restricted to trees with non-invasive growth habits. Some trees, due to their fast growth rate and intrusive root systems have the potential to interfere with and disrupt utility services, and should not be planted at all. The proposed text amendment will strengthen the current language in the LDR's as it relates to trees permitted to be planted within utility easements, in an effort to minimize damage to utilities as a result of improper tree selections. By motion, recommend to the City Commission that LDR Section 4.6.16 Landsca.De Regulations. (A) Pumose, be amended to provide for proper tree selection adjacent to utilities to mitigate damages caused by trees, and (D) Site Design Reo_uirements, adding subsection (4) Tree Selection Ad!acent to Utility Easements, which defines restrictions on trees placed within utility easements. Attachment: Proposed Ordinance "Right-Tree-Right-Place" circular i ~ "Plant the RIGHT TREE in the ~ ~- ~RIGHT PLACE" South Florida Plan Before You Plant Choose suitable trees and palms for planting around your home, near powcrlines, for courtyards, patios, lawns and streetscapes. PROPER TREE SELECTION Often, we take our utility service for granted because it has become a part of our daily lives, To enjoy the convenience of reli- able electrical service, distribution systems are required to bring electricity to our homes. The location of these utility lines should play a major role in your 6 years tree and planting site selection. The ultimate, mature height and width of a tree to be planted should not exceed the available over- head growing space. It's important to plant the right tree in the right place. Proper tree selection will help to ensure trouble-free electrical service to your home for years to come. 3 years The selection of trees to plant requires careful consideration. Trees planted in the wrong place can cause serious problems such as clogged sewers, cracked sidewalks, and power service interruptions. Planting the right tree in the right place can reduce maintenance expenses for homeowners as well as FPL, while improving the appearance of the landscape. Consult your tree care professional or garden c..en?r staff to help ¥ou select the right tree. Always consider the ultimate In this publication you will find a select list of trees and palms as ~vell as recommendations for planting in relation to utility lines, mature size when ~,o,,,,~. SMALL TREES Large T Less than 20' ht. at maturity Can be-pl_.a_nted adjacent to powerlines 30' minumu~ For courtyards, patios, entryways, etc. COMMON/BOTANICAL NAME HEIGHT COMMENTS *SWEET ACACIA 10'- 15' fragrant yellow flowers Acacia famesiana DWARF POINCIANA 10'- 15' yellow-orange flowers, Caesalpinia spp. large shrub, tropical ' WEEPING BOTTLEBRUSH 15'- 20' red, bottlebrush flowers Callistemon viminalis GLAUCUS CASSIA 15'- 20' yellow flowers, tropical Cassia surattensis CITRUS: LEMON, ORANGE, ETC. 15'- 20' edible fruit, white flowers Citrus spp. all, except Grapefruit *SILVER BUTI'ONWOOD 15'- 20' attractive gray foliage Conocarpus erectus var. 'sericeus' cold tolerant WHITE GEIGER/TEXAS OLIVE 10'- 15' showy white flowers Cordia boissied cold tolerant *ORANGE GEIGER 15'- 20' brilliant orange flowers . Cordia sebestena LOQUAT 15'- 20' edible orange fruit Eriobotrya japonica dark green foliege '-'-" '" 'STOPPERS 15'- 20' understow trees Eugenia spp. good hedgerow screens *LIGNUM VITAE 15'- 20' sky-blue flowers Guaiacum sanctum specimen tree HIBISCUS "Standards" 10'- 15' red, pink, yellow, or white Hibiscus spp. flowers, tropical TREE JATROPHA 15'- 20' crimson-red flowers, Jatropha spp. tropical CREPE MYRTLE 15'- 20' red, pink, coral, or white Lagerstroemia indica flowers TREE LIGUSTRUM 15'- 20' small white flowers, Ligustrum spp. dark green foliage JABOTICABA 15 '- 20' edible fruit, Myrciaria caulifolia attractive bark CHALCAS/ORANGE JASMINE 15'- 20' fragrant white flowers, Murraya paniculata trained as a tree SMALL PALMS 'WAX MYRTLE 15'- 20' tolerates wet soils, Less than 20' hr. at maturity Myrica cerifera aromatic leaves when crushed Can be planted adjacent to powerlines OLEANDER "Standards" 15'- 20' pink, coral, or white For courtyards, patios, entryways, etc. Nerium oleander flowers, very poisonous KOPSIA 15'- 20' lobster-red berries, poisonous, COMMON/BOTANICAL NAME HEIGHT COMMENTS Ochrosia elliptica attractive foliage PINDO PALM 10'- 15' blue-gray foliage, FRANGIPANI 15' -20' coral, yellow, or white Butia capitata cold tolerant feather i~alm Ptumeria rubra flowers, tropical CAT PALM 5'- 10' handsome clumping YELLOW ELDER 15'- 20' brilliant yellow flowers Chamadorea cataractarum feather palm Tecoma stans tropical BAMBOO PALM 10'- 15' partial shade, clumping Chamadorea spp. feather palms MEDIUM TREES EUROPEAN FAN PALM 5'- 10' attractive, cold tolerant 20'-30' hr. at maturity Chamaerops humilis fan palm 20' setback from powerlines ARECA PALM 15'- 20' good hedgerow screen, Chrysalidocarpus lutescens clumping feather palm For lawns, parks, shade, etc. *SILVER PALM 15'- 20' silver-gray foliage, COMMON/BOTANICAL NAME HEIGHT COMMENTS Coccothrinax argentata attractive fan palm ORCHID TREE 20'- 30' attractive orchid-like BOTI'LE PALM 10'- 15' bottle-shaped trunk, Bauhinia spp. flowers, white, pink, purple Hyophorbe lagencaulis feather palm *PITCH APPLE 25'- 30' handsome foliage SPINDLE PALM 15'- 20' attractive thick trunk, Clusia rosea excellent medium street tree Hyophorbe verschaffeltii feather palm *PIGEON PLUM 25'- 30' attractive native, PYGMY DATE PALM 15'- 20' lethal yellowing susceptible Coccoloba diversifolia provides food for wildlife Phoenix roebellini popular feather palm 'SEAGRAPE 20' -30' salt tolerant native MAJESTY PALM 15'- 20' interesting thick trunk, Coccoloba uvifera provides food for wildlife Ravenea glauca feather palm *DAHOON HOLLY 25'- 30' attractive red berries, *NEEDLE PALM 5'- 10' cold tolerant, palmate, Ilex cassine tolerates wet soils Rhapidophylium hystrix clumping palm *BLACK IRONWOOD 20'- 30' attractive slow growing LADY PALM 10'- 15' partial shade, palmate, Krugiodendron ferreum native, very dense wood Rhapis excelsa clumping palm SABICU 20'- 30' slender tree w/fine foliage *DWARF PALMETTO 10'- 15' 'cold tolerant, fan palm Lysiloma latisiliqua Sabal minor MADAGASCAR OLIVE 20'- 30' upright, open tree w/ *SAW PALMETI'O 10'- 15' cold tolerant, green and Noronhia emarginata attractive dark green leaves Serenoa repens silver varieties, fan palm JERUSALEM THORN 20'- 30' feathery transparent tree *THATCH PALM 15'- 20' single-stemmed fan palms, Parkinsonia aculeata w/small yellow flowers Thrinax spp. T. morrisii & T. radiata ALLSPICE 15'- 30' attractive tree w/dark green CHRISTMAS PALM 15'- 20' red berries, 'LY', Pimenta dioica aromatic leaves Veitchii merriltii attractive feather palm PODOCARPUS 20'- 30' handsome evergreen tree, Podocarpus spp. yew-like appearance YELLOW TABEBUIA/SILVER TRUMPET 20'- 30' striking yellow flowers Tabebuia caraiba w/crooked corky trunk PINK TABEBUIA 20'- 30' attractive pink flowers Tabebuia heterophylla Large LARGE TREES .. Palms _ Greater than 30' at maturi~/ etback I~'verage pal~ 3o' setback from powerlines _. frond For canopy and shade, lawns, parks, etc. odium Trees COMMON/BOTANTCAL NAME HEIGHT COMMENTS *RED MAPLE 35'- 50' tolerates wet conditions ~inurnurn setback Acer rubrum cold tolerant BLACK OLIVE 40'- 50' yellow-green foliage, 2' min. Bucida buceras tannin stains are a problem Small Trees & clearance *GUMBO LIMBO 40'- 60' attractive mature red bark, Small Palms Bursera simaruba handsome shade tree CALOPHYLLUM/BEAUTY LEAF 30'- 45' handsome shiny foliage may be planted Calophyllum spp. C. inophyllum & C.antillanum _~ =djacent tO GOLDEN SHOWER TREE 30'- 40' spectacular yellow flowers, ~ ~owerlines Cassia fistula tropical PINK AND WHITE SHOWER TREE 35'- 50" attractive pastel pink Cassia javanica flowers, tropical FLOSS SILK TREE 35'- 50' attractive pink or white Chorisia speciosa flowers, spines on trunk *SATINLEAF 30'- 40' shimmering leaves in wind, Chrysophylium oliviforme excellent specimen tree *GREEN BUI'I'ONWOOD 30% 50' upright, larger than the Conocarpus erectus silver buttonwood ROYAL POINCIANA 25'- 40' spectacular orange flowers, Delonix regia spreading habit, tropical *STRANGLER FIG 40'- 50' native Ficus, large shade Ficus aurea tree, needs room to grow *SHORTLEAF FIG 40'- 50' native Ficus, large shade Ficus citrifolia tree, needs room to grow JAPANESE FERN TREE 25'- 35' interesting shaped foliage, Filicium decipiens somewhat spreading *LOBLOLLY BAY 30'- 40' handsome upright tree, Gordonia lasianthus cold tolerant *BLOLLY 35'- 50' nicely shaped, handsome Guapira discolor fruits, hammock pioneer JACARANDA 40'- 50' attractive lavender*blue Jacaranda mimosifolia flowers, open habit I GOLDEN RAINTREE 30'- 50' attractive yellow-sepia Koe~reuteria e)egans flowers, tropica~ LARGE PALMS QUEEN'S CREPE MYRTLE 30'- 45' attractive pink, lavender Greater than 20' at maturity Lagerstroemia speciosa flower clusters, tropical Plant at the average frond length plus 2"for minimum clearance from powerlines. *WILD TAMARIND 40'- 50' tiny leaves, open habit, (#') indicates average palm frond length Lysiloma bahamensis attractive trunk & branches COMMON/BOTANICAL NAME HEIGHT COMMENTS *SWEETBAY MAGNOLIA 40'- 60' cold and wet tolerant Magnolia virginiana *PAUROTIS/EVERGLADES PALM 15'- 25' clumping native fan palm MANGO 40'- 60' edible fruit, many varieties Acoelorrhaphe wrightii (5') Mangifera indica dense shade, tropical ALEXANDRA PALM 40'- 45' handsome feather palm *MASTIC TREE 45'- 70' tall remnant of the hammocks Archontophoenix alexandrae (7') Masticodendron foetisdissimum upright w/whitish bark BISMARK PALM 30% 60' striking blue-gray YELLOW POINCIANA 40'- 50' attractive yellow flowers, Bismarkia nobilis (7') fan palm Peltophorum pterocarpum spreading habit, tropical FISHTAIL PALM 15'- 25' fishtail ends on fronds, AVOCADO 40'- 50' edible fruit, many varieties Caryota mitis (8') clumping palm Persea americana tropical COCONUT PALM 60'- 80' king of palms, use "Maypan" *REDBAY 50% 60' aromatic leaves, shade tree Cocos nucifera (15') or sim. resistent to 'LY' Persea borbonia or open lawns HURRICANE PALM 25'- 40' handsome feather palm *SLASH PINE 80'- 90' tall stands remain after Dictyosperma album (12') Pinus elliotii var. "densa" Hurricane Andrew BLUE LATANIA 20'- 50' attractive silver*blue *JAMAICAN DOGWOOD 35'- 50' attractive lavender flowers Latania Ioddigesii (7') fan palm Piscidia piscipula CHINESE FAN PALM 20'- 30' weeping fronds, *LAUREL OAK 60'- 90' tall, upright, short-lived Uvistonia chinensis (7') handsome fan palm Quercus laurifolia cold tolerant native TRIANGLE PALM 15'- 25' three-sided exotic *LIVE OAK 50'- 60' spreading, grand shade tree Ne0dypsis decaryi (10') feather palm Quercus virginiana ideal for lawns, parks DATE PALM 60% 90' tall feather palm *PARADISE TREE 35'- 50' large fast growing native, Phoenix dactylifera (15') Simarouba glauca spreading habit CANARY ISLAND DATE PALM 35'- 50' thick trunked feather palm *WEST INDIAN MAHOGANY 35'- 60' excellent shade tree, Phoenix canariensis (15') Swietenia mahagoni spreading habit SENEGAL ISLAND DATE PALM 25'- 35' clumping, stately, *BALD CYPRESS 60% 90' fresh water swamp habitats Phoenix reclinata (10') feather palm Taxodium distichum deciduous SOLITAIRE/ALEXANDER PALM 15'- 25' attractive, thin trunked Ptychosperma elegans (8') feather palm '"OYALPALM 0'-70' ta,, maiest c FLORiD _..A .% Roystonea regia (15') feather palm *CABBAGE/SABAL PALM 45'- 70° state tree of Florida Saba, palmetto (7') common fan palm SOUTH QUEEN PALM 40'- 45' attractive feather palm Syagrus romanzoffianum (12') WASHINGTONIA PALM 50% 80' handsome fan palm, *Asterisk denotes plants native to south Florida Washingtonia robusta (7') reddish trunk when small Heights are as ,oer 'Xeriscape Plant Guide II.' MACARTHUR PALM 20'- 30' clumping feather palm ~-.. This list is not all-inclusive. Ptychosperma macarthuri (8°) 'LY' indicates s'usceptibility to lethal yellowing. WHY PLANT? Trees and Palms provide shade and cool the air ... act as wind breaks ... enhance the streetsca~e ... screen objectionable views ... frame views ... soften architecture ... act as a backdrop. WHY FPL TRIMS TREES Not all trees are planted in "the right place." Often large trees will grow into close proximity of power lines requiring t~rimming away from FPL's lines. Power line maintenance, including tree removal and trimming, benefits everyone by reducing power outages. A single tree tl~at contacts a power line can interrupt electrical power to many peo- pie in an area. Overhanging limbs can break and fall into power lines. This is especially critical during storms or periods of high winds. Overhead utility lines are the easiest to see and probably the ones NU[St~NCE and PROBLEM TREES we take most for granted. Although these lines look harmless enough, they can be dangerous. The following non-native problem trees are prohibited in Planting tall-growing trees under or near these lines will ultimately some municipalities. They can be invasive, damage side- require pruning them away from the wires. This pruning may result walks, structures, or utilities, or may be extremely messy. in a tree having an unnatural appearance. Repeated pruning can Consult your local torester or agricultural extension agent lead to a shortened life span of the tree. Trees which must be lo "Plant the Right Tree in the Right Place" pruned away from the power lines are under greater stress and EARLEAF ACACIA Acacia auriculiformis more susceptible to insects and disease. Small, immature trees AUSTRALIAN PINE Casuarina spp. planted today can grow into problem trees in the future. Tall grow- lng trees near overhead lines can cause service interruptions MELALEUCA Melaleuca quinquenervia when trees contact wires. Children or adults climbing these trees BRAZILIAN PEPPER Schinus terebinthifolius can be severely injured or even killed if they come in contact with WOMAN'S TONGUE TREE Albizzia lebbeck the wires. Proper selection and placement of trees in and around NORFOLK ISLAND PINE Araucaria heterophylla overhead utilities can eliminate potential public safety hazards, TREE BAMBOO Bambusa vulgaris reduce expenses for utilities and their customers and improve the BISCHOFIA Bischofia iavanica appearance of landscapes. SCHEFFLERA Brassaia actinophylla FPL utilizes professional tree crews trained to trim trees in a safe EAR TREE Enterolobium cyclocarpum and technically correct manner. The National Arborists Associa- EUCALYPTUS Eucalyptus spp. tion standards (NAA) and local tree trimming codes are used as NON-NATIVE FICUS Ficus spp. guidelines. SILK OAK Grevillea robusta Should a tree come in contact with a power line stay clear and call MAHOE Hibiscus tiliaceus FPL at the number on the bottom of your bill. ' CHINESE TALLOW TREE Sapium sebi~'erum JAVA PLUM Syzygium cumini CO RK TREE Thespesia populne a t2,2t93 Rev. 5/95 Designed and Printed by Administrative Service~ (~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM /~ - REGULAR MEETING OF JANUARY 5, 1999 ORDINANCE NO. 51-98 (RETURNED CHECK POLICIES) DATE: DECEMBER 30, 1998 This is second reading and a public hearing for Ordinance No. 51-98 which makes certain changes to the City's returned check policies. Specifically, it amends Section 39.01, "Service Charge for Returned Checks"! of the code to afford the City increased flexibility in imposing returned check fees. The amount charged for a returned check would be changed from a fee of $25.00 to a fee of $20.00 or 5% of the face amount of the check, whichever is greater. Flexibility is increased by a provision stating that the fee may be waived at the City's discretion if circumstances warrant. In addition, language is added stating that the service fee is in addition to other penalties imposed by law. Ordinance No. 51-98 also repeals Section 50.02, "Service Charge for Returned Checks on Utility Bill for Water and Sewer Service", and Section 51.76, "Collection Charge for Returned Checks", as being unnecessarily duplicative of Section 39.01. At first reading on December 1, 1998, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 51-98 on second and final reading. ref:agmemol7 ORDINANCE NO. 51-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 39, "RETURNED CHECK SERVICE CHARGE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BYAMENDING SECTION 39.01, "SERVICE CHARGE FOR RETURNED CHECKS" TO SET THE FEE FOR RETURNED CHECKS AT TWENTY 6OLLARS OR FIVE PERCENT OF THE FACE VALUE OF THE CHECK, WHICHEVER IS GREATER, AND TO PROVIDE FOR DISCRETIONARY LANGUAGE ALLOWING FOR EXTENUATING CIRCUMSTANCES TO BE CONSIDERED REGARDING RETURNED CHECKS; REPEALING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX", SECTION 50.02, "SERVICE CHARGE FOR RETURNED CHECKS ON UTILITY BILL FOR WATER AND SEWER SERVICE", AND CHAPTER 51, "GARBAGE AND TRASH", SECTION 51.76, "COLLECTION CHARGE FOR RETURNED CHECKS", AS BEING UNNECESSARILY DUPLICATIVE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 166.251, Florida Statutes, provides that a municipality may adopt a service fee of twenty dollars ($20.00) or five percent (5%) of the face amount of the check, draft or order, whichever is greater, for the collection of a dishonored check, draft or other order for the payment of money to a municipal official or agency; and WHEREAS, the City Commission has determined that additional flexibility is required to account for extenuating circumstances regarding returned checks; and WHEREAS, Section 50.02, "Service Charge for Returned Checks on Utility Bill for Water and Sewer Service", and Section 51.76, "Collection Charge for Returned Checks", are unnecessarily duplicative of Section 39.01, "Service Charge for Returned Checks". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 39, "Returned Check Service Charge", Section 39.01, "Service Charge for Returned Checks", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 39.01 SERVICE C~ARGE FOR RETURNED CHECKS. In the event a check given to the City in payment of a permit, license, utility bill or any other type of bill, or any miscellaneous receipt issued by the City, is not paid by the bank on which it is drawn but instead is returned, the City shall assess a service fee of twenty dollars ($20.00) or five percent (5%) of the face amount of each check, draft or order so returned, whichever is qreater.~/~~/~~/f~/~/~/~/~~ ~ However, this fee may be waived at the City's discretion in the event of a bank error or other similar circumstance outside the customer's control. If a service fee is imposed, this service fee ~~ shall be billed to the customer. The service fee shall be in addition to all other penalties imposed by law. Section 2. That Title V, "Public Works", Chapter 50, "Utilities Generally; Public Service Tax", Section 50.02, "Service Charge for Returned Checks on Utility Bill for Water and Sewer Service", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed in its entirety. Section 3. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.76, "Collection Charge for Returned Checks", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed in its entirety. 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 all 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 its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 5th day of Janua~Ff ~/ , 1998. A ST: ~' City f~lerk -- ' First Reading December 1, 1998 Second Reading January 5, 1999 - 2 - Ord. No. 51-98 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/~ SUBJECT: AGENDA ITEM #/O, ~ REGULAR MEETING OF JANUARY 5, 1999 ORDINANCE NO. 52-98 (FEE FORMAINTENANCE OF IMPROVEMENTS WITHIN RIGHT-OF-WAY) DATE: DECEMBER 29, 1998 This is second reading and a public hearing for Ordinance No. 52-98 which amends Section 52o39(H) of the City Code by increasing the monthly fee charged by the City for providing water to maintain right-of-way improvements located along the swale areas of Swinton Avenue. The proposed increase is from $5.00 per month per parcel adjacent to the right-of~way to $7.50 per month per parcel adjacent to the right-of-way. Based on an analysis by the Finance Department, a fee of $7.50 per month per parcel adjoining the improvement will allow the City to recoup its costs and adequately fund the maintenance of an irrigation system along with the cost of water required in connection with the irrigation. A copy of Mr. Safford's memorandum is included in the backup material. At first reading on December 8, 1998, the Commission passed this ordinance by a vote of 4 to 1 (Mr. Randolph dissenting). Recommend approval of Ordinance No. 52-98 on second and final reading. ref:agmemol2 ORDINANCE NO. 52-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER" , SECTION 52 . 39, "OTHER FEES" , SUBSECTION 52 . 39 (H) , "FEE FOR MAINTENANCE OF IMPROVEMENTS WITHIN RIGHT-OF-WAY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR AN INCREASED FEE TO COVER THE ACTUAL COST OF WATER CONSUMPTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that the actual cost of water consumption paid by the City for providing water to maintain right-of-way improvements located along the swale areas of Swinton Avenue exceeds the funds received by the City in order to maintain such improvements; and WHEREAS, Subsection 52.39(H) currently provides for only a $5.00 per month fee per parcel adjoining the improvement to cover the cost of providing water to such improvements within the right-of-way; and WHEREAS, the City Commission has determined that a fee of $7.50 per month per parcel adjoining the improvement would allow the City to recoup its costs and adequately fund the maintenance of an irrigation system along with the cost of water required in connection with such irrigation system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 52, "Water", Section 52.39, "Other Fees", Subsection 52.39(H), "Fee for Maintenance of Improvements Within Right-of-Way", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 52.39 OTHER FEES. (H) Fee for Maintenance of Improvements Within Right-of-Way. In the event the City places landscaping improvements and irrigation systems to maintain the landscaping improvements within the right-of-way, the City Commission may impose a fee to cover the cost of providing water to maintain the improvements and to provide for the cost of installing and maintaining a sprinkler or other irrigation system. The City Commission may authorize the payment of a fee to be collected monthly and to be included on the monthly water bill for property o~ers whose property adjoins the right-of-way in which the City installed the landscaping improvements. The fee shall be $7.50 ~/99 per month per parcel located adjacent to the right-of-way. 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 ~OPTED in regular session on second and final reading on this the 5th day of January , 1999. ~Cit~C~rk ' First Reading December 8, 1998 Second Reading January 5, 1999 - 2 - Ord. No. 52-98 To: David T. Harden, Ci.ty Manager Al From: Joseph M. ~ ,c~]~ce Director Date: November I 1, 1998 Subject: Swinton Avenue Swale Irrigation Charges As per your instructions, we have analyzed the water consumption versus water billings for the swale areas on Swinton Avenue. The analysis shows that we average $447.00 per month m usage or $5,364.00 on an annual basis. We currently bill $295.00 per month to adjacent property owners or $3,540.00 on an annual basis. This results in a shortfall of $152.00 per month or $1,824 per year. Ordinance No. 60-94, dated August 16th, 1994 (attached) was issued to provide for a fee to those property owners who adjoin the fight-of-way in which the City provided landscaping improvements. Section 1.(I) establishes a fee of $5.00 per parcel to cover the cost of the following: 1. cover the cost of providin~ water to maintain the improvements 2. provide for. the cost of installing and maintaining a sprinkler or other imgation system In order to cover the actual cost of water consumption alone, we would need to increase the $5.00 per month charge to $7.50 per month per parcel that adjoins the Swinton Avenue improvements. Please review the attached and determine if you would like to amend this ordinance to allow for this increase. encl. Ordinance No. 60-94 dated August 16, 1994 Barbara Schooler, Utilities Customer Services Manager Joe Weldon, Parks & Recreation Director MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ ORDINANCE NO. 1-99 (EMS TRANSPORTATION FEES) DATE: DECEMBER 29, 1998 This is first reading for Ordinance No. 1-99 which amends Section 96.66 of the City Code by adjusting the fee schedule for emergency medical transportation in accordance with the Inflation Index Charge (I.I.C.). The Fire Department has been notified that the I.I.C. for 1999, applicable to Medicare services and fee schedules, will be a 1.3% increase. To stay within the Medicare allowances, the following increases are recommended: FROM TO Advanced Life Support $296.00 $300.00 Basic Life Support $215.00 $218.00 Mileage Fee $6.00/mile $6.08/mile The increases will be effective retroactive to January 1, 1999. Recommend approval of Ordinance No. 1-99 on first reading. If passed, a public hearing will be scheduled for January 19, 1999. ref:agmemol8 ORDINANCE NO. 1-99 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 ANNUAL INFLATION INDEX CHARGE; 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, pursuant to Section 96.66(B) of the City Code, the City Commission may adjust fees annually pursuant to the Inflation Index Charge (I.IoC.) which is used by Medicare to determine appropriate fee changes; and WHEREAS, the City Commission has been notified that the Inflation Index Charge (I.I.C.) for 1999, applicable to Medicare services and fee schedules, will be a 1.3% increase. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELP~AY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title 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: (A) The following service charges or fees are levied for the provision of emergency medical transportation: (1) Advanced Life Support transportation fee ~9~ $300.00 (2) Basic Life Support transportation fee ~Z~ $218.00 (3) Mileage fee ~//6~/~ $6.08/mile 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 January 1, 1999. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1999. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 1-99 DELRAY BEACH Al[America City TO: DAVID T. HARDEN, CITY MANAGER 1993 FROM: ROBERT B. REHR, FIRE CHIEF DATE: DECEMBER 11, 1998 SUBJECT: ADJUSTMENT OF EMS TRANSPORT FEES We have been notified that the Inflation Index Charge (I.I.C.) for 1999, applicable to Medicare services and fee schedules, will be a 1.3% increase. According to City of Delray Beach Ordinance No. 5-95, Section 96.66, Emergency Medical Transport Fees, Sub-Section B: "The City_ Commission may adjust fees annually pursuant to the Inflation Index Charge (I.I.C.) which is used by Medicare to determine the appropriate fee charges." It is our recommendation that an increase be granted effective January 1, 1999. This will allow us to keep up with the changes in Medicare allowances. I suggest we put this on the next Commission Meeting agenda, if it meets with your approval. The following shows what percentage charges would be for each charge: PRESENT FEE 1.3% INCREASE TOTAL REt~OMMEND ALS $296.00 3.85 $299.85 $300.00 BLS $215.00 2.80 $217.80 $218.00 Mileage $ 6.00 .08 $ 6.08 $ 6.08 If you would like to move forward with this proposal I will do the appropriate paper work for the Commission agenda. Fire Chief Attachment Sheet1 RATES CHARGED BY PALM BEACH COUNTY EMS AGENCIES: ALS BLS MILEAGE American Medical Rescue $317.70 $218.40 $6.80 Boca Raton Fire REscue $272.00 $170.00 $5.80 Boynton Beach Fire Rescue $289.00 $6.50 Delray Beach Fire Rescue $296.00 $215.00 $6.00 Greenacres Public Safety $280.00 $197.00 $5.70 Jupiter Medical Center $343.00 $277.00 $6.55 Lake Worth Fire Rescue $310.00 $6.10 North Palm Beach Public Safety $310.00 $6.00 Palm Beach County Fire Rescue $310.00 $210.00 $7.00 Palm Beach Gardens Fire Dept. $297.50 $5.50 Riviera Beach Fire Rescue $310.00 Royal Palm Beach Fire Dept. $286.00 $4.00 West Palm Beach Fire Dept. $310.00 $6.00 Page 1 TO: DAVID T. HARDEN THRU: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SCOTT PAPE,~ SENIOR PLANNE~ SUBJECT: MEETING OF JANUARY 5, 1999 REZONING FROM Re (RESIDENTIAL OFFICE) AND R-1-A (SINGLE FAMILY) TO CF (COMMUNITY FACILITIES) FOR LOT 8 AND LOTS 35 THROUGH 40, BLOCK 2 SOUTHRIDGE SUBDIVISION. The subject pmpe~ies am located west of Swinton Avenue, between Southridge Road and Sterling Avenue. A po~ion of the prope~y has been utilized as a group home since 1982. The proposed mzoning is necessa~ in order for the existing group home to expand to the west and no~h. While the City has not received a formal development application, a conceptual development plan has been submitted. The conceptual plan indicates the removal of an office trailer and construction of an additional 9,500 square feet of floor ama. This building addition will be a 2-sto~ facility with a dining hall, kitchen facility, and 16 dormito~ moms. The attached Planning and Zoning Staff Repo~ contains additional analysis concerning the proposed rezoning. At its meeting of December 21, 1998, The Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony regarding the request. After reviewing the staff mpo~ and discussing the proposal, the Board voted 5 to 0 (Bird Absent) to recommend approval of the mzoning from Re and R-1-A to CF, based on positive findings with respect to Chapter 3 (Pedormance Standards) and Section 2.4.5.(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve the mzoning from Re and R-1-A to CF for Lot 8 and Lots 35 through 40, Block 2 Southridge subdivision based on positive findings with mspe~ to Chapter 3 (Pedo~ance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Affachments: ~~ · Ordinance by Others }6~ · P&Z Staff Repo~ and Documentation of December 21,1998 ~~~/~ ORDINANCE NO. 2-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (RESIDENTIAL SINGLE FAMILY) DISTRICT, IN PART, AND RO (RESIDENTIAL OFFICE) DISTRICT, IN PART, IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE OF SOUTHRIDGE ROAD BETWEEN SOUTH SWINTON AVENUE AND S.W. 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned R-1-A (Single Family Residential) District, in part, and RO (Residential Office) District, in part; and WHEREAS, at its meeting of December 21, 1998, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, 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, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: Lot 8, Block 2, of Southridge Plat 1 of 2, according to the Plat thereof as recorded in Plat Book 13, Page 38, of the Public Records of Palm Beach County, Florida; TOGETHER WITH Lots 35 through 40, inclusive, Block 2, Plat 1 of 2, Southridge, according to the Plat thereof recorded in Plat Book 13, Page 38, of the Public Records of Palm Beach County, Florida. The subject property is located on the north side of Southridge Road between South Swinton Avenue and S.W. 4th Avenue; containing 0.796 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1999. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 2-99 ST. $.w. 8TH COuR'T S.W. 9~H ST. 10TH CF ~-4r DELRA Y PLACE PINE GROVE CONDO5 ELEMEN TAR Y ~c~oo~ CF RM i WILSON L R£tCLE AVENUE FALL RIDGE RM --FLORANDA__ OF DELRA Y STERLING AVENUE CENTRAL AVE. TRAILER PARK ASS AVE. SOU TNRIDGE ROAD GULF' STREAM COMMERCIAL CENTRE C LINTON TRUSS LINTON THE RIDGE PLAZA COUNTY A T SANI TA TION DEL RAY BANYAN l~ PC POD ~c ,~ SELF S ORAGE ONE OLD HARBOUR jll L IN TON PLA ZA SUN TRUST NATIONS d OS TCO BANK BANK ~ D£LRAY INDUSTRIAL PARK LINTON CENTER N - REZONING- FROM: RO (RESIDENTIAL OFFICE) ~ R-1-A (SINGLE FAMILY RESIDENTIAL) CITY OF D[LRAY BEACH. FL PLANNING ~ ZONINC DEPARTMENT TO: CF (COMMUNITY FACILITIES) -- DIG/FA/. ~A,S~' ,~P SY'~7'Elul -- t4AP REF: LMS07 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: December 21, 1998 AGENDA ITEM: VI.B. ITEM: Rezoning From RO (Residential Office) in Part and R-1-A (Single Family Residential) in Part to CF (Community Facilities) Zoning District for a Parcel of Land Located West of South Swinton Avenue, Between Southridge Road and Sterling Avenue. GENERAL DATA: Agent .............................. Anna S. Cottrell & Assoc., Inc. Anna S. Cottrell, AICP Location .......................... Located west of South Swinton Avenue, between Southridge Road and Sterling Avenue Property Size .................. 0.796 Acre Future Land Use Map ..... Low Density (0-5 d.u./ac.) & Medium Density (5-12 d.u./ac.) Current Zoning ................ RO (Residential Office) & R-l- A (Single Family Residential) Proposed Zoning ............. CF (Community Facilities) Adjacent Zoning .... North: R-1-A East: R-1-A & I (Industrial) South: I & MIC (Mixed Industrial & Commercial) West: R-1-A Existing Land Use ........... Group Home Proposed Land Use ........ Rezoning to a more appropriate Zoning Designation to accommodate the type of use. Water Service ................. Existing on Site. Sewer Service ................. Existing on Site. VI.B. I The item before the Board is that of making a recommendation to the City Commission on a privately initiated rezoning request from RO (Residential Office) and R-1-A (Single Family Residential) to CF (Community Facilities), pursuant to Section 2.4.5(D). The subject property is located at the northwest corner of the intersection of Swinton Avenue and Southridge Road. Pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z Board) shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. The .796 acre parcel contains a 2-story structure and an office trailer. A portion of this property is currently utilized as a shelter for victims of domestic violence and their children. The property was originally occupied by the South County Drug Abuse Foundation as an adolescent residential facility. A portion of the property was rezoned in June 1982 from R-1-A (Single Family Residential) to SAD (Special Activities District). The City approved concurrent conditional use and site plan applications for an Adolescent Residential Facility (South County Drug Abuse Foundation) with the rezoning application. The approval included Lots 35 through 40, Block 2, Plat 1 of 2, of the $outhridge subdivision. In June 1986, the City Commission amended the conditional use approval to change the allowed use of the property from Adolescent Residential Facility to Residential Facility. The Residential Facility allows for the use of the property as a shelter for victims of domestic violence and their children. The property was subsequently rezoned on October 1, 1990 by a city-initiated citywide rezoning application from SAD to RO. However, the FLUM designation remained Medium Density Residential, creating an inconsistency between the FLUM and the zoning designation. The site plan was amended on May 27, 1992 to allow a trailer for office purposes. Subsequent to that approval, the owners of the property have submitted four site plan modification applications. These modifications were for additions or changes to provide fencing around the property including Lot 8, Block 2 of the Southridge Plat. The proposal is to change the zoning designation of the property from R-1-A and RO to CF. The City has not received a formal development application. However, a conceptual development plan has been submitted. Essentially, the applicant proposes to incorporate Lot 8 with Lots 35 through 40, Block 2 Southridge subdivision in order to expand the existing abused spouse residence. The conceptual plan indicates the P & Z Board Staff Report Rezoning from RO and R-1-A to CF for AVDA Page 2 removal of the trailer and construction of an additional 9,500 square feet of floor area. The existing building will be expanded on the west side and continued to Lot 8 on the north. This building addition will be a 2-story facility with a dining hall and kitchen facility on the west and 16 dormitory rooms. The conceptual plan indicates' that the existing parking lot will be redesigned and include landscape areas. 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 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 use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. Abused Spouse Residences are permitted uses in the CF (Community Facilities) district. The proposed CF zoning category is consistent with the MD (Medium Density) and LD (Low Density) Future Land Use Map designations. The proposed rezoning is necessary since the RO district is not compatible with the underlying MD land use district. Furthermore, Abused Spouse Residences are not allowed in the R-1-A zoning district (Lot 8, Southridge subdivision). Consequently, the property must be rezoned in order for the proposed use to be compatible with the zoning. The CF zoning designation is compatible with the proposed LD land use map designation. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As noted previously, a development application has not been submitted with the rezoning application. Staff anticipates that sufficient public facilities will exists to serve the property at the time of development. In terms of concurrency, the proposed rezoning will not create an impact on services with respect to water, sewer, traffic, solid waste, parks, drainage, or open space. However, analysis regarding levels of service for these facilities will occur when a formal development proposal is submitted. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section P & Z Board Staff Report Rezoning from RO and R-1-A to CF for AVDA Page 3 2,4.5{D)($) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency, CO~IPREHENSlVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the applicable objectives and policies are noted. Section 3.3.2 (Standards for Rezoning Actions): Standards B and C are not applicable. The applicable performance standard of Section 3.3.2 is as follows: (A) That a rezoning to other than CF within stable residential area shall be denied. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The applicant proposes to expand the existing abused spouse residence to the west and north within the property to be rezoned. The existing use was determined to be compatible with the surrounding neighborhood based on positive findings with respect to the previous conditional use approval. The use has co-existed peacefully in this neighborhood for more than 10 years. No compatibility concerns are noted, since the proposed development of the property is an expansion to the existing use of the property. Furthermore, the City's Land Development Regulations contain sufficient development standards to mitigate any adverse impacts generated by the proposed development. Section 2,4,5(D)(5) (Rezoning Findings): Pursuant to Section 2.4,5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; The City changed the zoning of a portion of the subject property in 1990 from SAD to RO. VVhile the existing use of the property is consistent with the RO zoning designation, the RO zoning designation is not consistent with the existing Low Density and Medium Density Future Land Use Map designations. The CF zoning designation is consistent with both of these land use designations. P & Z Board Staff Report Rezoning from RO and R-1-A to CF for AVDA Page 4 Consequently, the proposed rezoning is a corrective measure that will make the zoning designation consistent with the land use designation. b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. As noted in "a" above, the proposed zoning change makes the zoning designation consistent with the Future Land Use Map designations of the property. Furthermore, the CF zoning designation is more appropriate for the property given the adjacent uses in the area. The property located on the north side of the existing residential facility is the Bar and Fergs Academy (private pre- school). The expansion of the abused spouse facility is more consistent with this use than single family or multiple family uses. The residential facility and private school provide a transition of uses from the single-family homes on the north and west to the industrial uses on south of $outhridge Road. I" ~ ~ .'REVIEW BY OTHERS The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. I.~ ~ ' ~ = ASSESSMENT ~AND CONC'LUSION i- The rezoning from RO (Residential Office) to CF (Community Facilities) is corrective in nature and is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The rezoning of lot 8, Southridge subdivision will allow the existing abused spouse facility to expand to the north. The proposed use is compatible with the adjacent school and vacant lot to the east. Positive findings are made in the staff report with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). A. Continue with direction. B. Recommend approval of the rezoning request from RO and R-1-A to CF for the subject property, based upon positive findings with respect to Chapter 3 P & Z Board Staff Report Rezoning from RO and R-1-A to CF for AVDA Page 5 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). C. Recommend denial of the rezoning request from RO and R-1-A to CF for the subject property, 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. Recommend to the City Commission and Planning and Zoning Board approval of the rezoning from RO and R-1-A to CF for the subject property, 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). Attachments: [3 Location/Zoning Map El Community Facilities zoning district SUBMITTED BY JOSH SMITH, JR., ED.D., AT THE JANUARY 5, 1999, REGULAR CITY COMMISSION MEETING MY 2ND REQUEST WAS THAT THE FULL COMMISSION NO LONGER CONTRIBUTE TAXPAYERS DOLLARS TO MAD DADS INC. (A SUPPOSED NON-PROFIT ORGANIZATION), BECAUSE THOSE TAXPAYERS' DOLLARS ARE BEING SPENT IN AN IRRESPONSIBLE MANNER, WHEN ONE CONSIDERS WHAT THE ORGANIZATION STATES AS ITS OBJECTIVES, WHICH IS GEARED TOWARD COMMUNITY PROGRAMS. I REQUESTED AND RECEIVED THEIR AUDIT REPORTS FOR THE LAST TWO FISCAL YEARS AND THIS IS WHAT THE LAST AUDIT REPORT REFLECTED: FROM JANUARY 1998 THROUGH FEBRUARY 1999, THE AMOUNT OF FUNDS (TAXPAYERS' DOLLARS) CONTRIBUTED TO MAD DADS WERE $73,776.00. OF THIS AMOUNT, $53,250 WERE USED FOR SALARIES OF TWO FULL TIME POSITIONS. THAT'S 72% OF TAXPAYERS' MONEY. $6,126 WERE USED FOR COMMUNITY PROGRAMS WHICH IS LISTED AS THEIR PRIMARY OBJECTIVE. THAT'S ONLY 8.3% OF THE FUNDS DELRAY CONTRIBUTES. THIS MEANS THAT ALMOST 800% MORE OF TAXPAYERS DOLLARS ARE BEING USED FOR SALARIES OF TWO INDIVIDUALS THAN FOR COMMUNITY PROGRAMS. THE ORGANIZATION IS NON-PROFIT IN NAME ONLY~ BUT ITS EXTREMELY PROFITABLE FOR TWO INDIVIDUALS. IF THE CITY WANTS TO PAY THESE INDIVIDUALS THESE EXORBITANT SALARIES, I SUGGEST THAT THE CITY EMPLOY THEM AND LET THEM EARN THEIR MONEY LIKE MOST OTHER CITIZENS, RATHER THAN SIMPLY GIVE IT TO THEM UNDER THE FACADE OF BEING A NON-PROFIT ORGANIZATION. THIS COULD GIVE THE IMPRESSION THAT THE CITY IS SIMPLY PAYING MAD DADS FOR ITS COOPERATION IN ENHANCING THE PERCEPTION OF RACIAL UNITY. THEY DO 2-3 MARCHES A YEAR AND SING AT 2-3 AFFAIRS~ BUT THEY DON~' COME REMOTELY CLOSE TO ATTAINING WHAT THEY PROPOSE AS THEIR PRIMARY OBJECTIVE. THERE'S AS MUCH DRUG ACTIVITY OCCURRING ONE OR TWO BLOCKS WEST OF THEIR OFFICE AS ANYWHERE ELSE IN THE CITY. FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1997, THE AMOUNT OF FUNDS CONTRIBUTED TO MAD DADS FROM ALL SOURCES WERE $281,579. OF THIS AMOUNT, $161,319 WERE USED FOR SALARIES OF MAD DADS MEMBERS. THAT'S 57% OF THE TOTAL CONTRIBUTIONS. $40,000 WERE USED FOR PROFESSIONAL FEES (WHATEVER THOSE MAY BE). THAT'S 14.48% OF THE TOTAL CONTRIBUTIONS. THEY FINALLY GOT AROUND TO $24,295 WHICH WERE USED FOR COMMUNITY PROGRAMS. AGAIN, THIS IS USTED AS THEIR PRIMARY OBJECTIVE. THAT'S ONLY 8.6% IF THESE AREN'T CLASSIC EXAMPLES OF IRRESPONSIBLE SPENDING OF TAXPAYERS' DOLLARS, THEN I DON'T KNOW WHAT POSSIBLY COULD BE, AND THE PUBLIC HAS A RIGHT TO KNOW HOW THEIR TAXES ARE BEING SPENT, AND I DON'T THINK PEOPLE WOULD BE FOND OF THIS. THIS WAS THE BASIS UPON WHICH I WANTED TO MAKE THE REQUEST TO THE FULL COMMISSION, FOR WHICH I WAS DENIED. I WILL IMMEDIATELY MAKE THIS REQUEST AGAIN FOR THE NEXT COMMISSION MEETING, AND IF ITS REJECTED AGAIN, I WOULD HOPE THAT ITS THE CONSENSUS OF THE FULL COMMISSION INSTEAD OF JUST THE MAYOR AND CITY MANAGER. Community Redevelopment la Agency , Delray Beach December 23, 1998 Mr. David Harden City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 RE: Construction of a Temporary Parking Lot on SW 1't Avenue Dear Dave: Rodney Romano, representing Dharma Holdings Limited, proposes to construct a temporary parking lot on the two properties on SW 1st Avenue owned by the CRA and by the County. The level of improvement would meet the City's development standards. The purpose of the lot would be to increase the parking supply for Dharma's two projects in the area, "The Rectory," their corporate offices and "The Sundy House," a residential inn and, as a public service, increase the public parking supply, especially for the tennis center, Chamber, and other cultural events. The purpose of this letter is to inquire if the City, together with the CRA, would be willing to approach the County to secure a short-term lease on the County property on SW 1st Avenue so that Dharma could build at its own expense a public, temporary lot. Thank you~,, our consideration of this matter. Christopher J. Brown Executive Director /d Enclosures: City/County/CRA Inteflocal Agreement cc: Mary McCarty, Commissioner, Palm Beach County John Weaver, Chairman, CRA 24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-~