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03-03-98 Regular DELRA~ BE&CH llI-Amerim Ci~ CITY OF DELRAY BEACH, FLORIDA- CITY COMMISSION REGULAR MEETING ] 1t~ 1 ~ MARCH 3, 1998 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak cn items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais, If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. Regular Commission Meeting March 3, 1998 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 Flag. 4. Agenda Approval. 5. Approval of Minutes: Regular Meeting of February 17, 1998 6. Proclamations: A. Recognizing and commending the Delray Rocks Football Program 7. Presentations: None 8. Consent Agenda: City Manager recommends approval. A. FINAL PLAT APPROVAL/DELRAY OCEAN ESTATES NORTH REPLAT: Approve the final subdivision plat for Delray Ocean Estates North Replat, a three lot single family subdivision located along the south side of Harbor Court, between Andrews Avenue and State Road A1A. B. FINAL PLAT APPROVAL/CONGRESS INDUSTRIAL SQUARE: Approve the final boundary plat for Congress Industrial Square, a proposed two lot industrial subdivision located on the north side of Don Francisco's Way, between Congress Avenue and N.W. 18th Avenue. C. EMERGENCY REPAIRS TO FIRE DEPARTMENT VEHICLE: Declare an emergency and approve engine repairs to Fire Department Vehicle #9233 (Pierce Pumper) in the amount of $12,393.64 payable to Florida Diesel, with funding from 501-3311-591-52.50. D. EMERGENCY BID AWARD/JOHNSON-DAVIS, INC. (RAIN-BERRY WOODS DRAINAGE OUTFALL REPLACEMENT): Approve an emergency bid award in the amount of $23,440 to Johnson-Davis, Inc. for the emergency drainage outfall replacement of approximately 140 linear feet of pipe at 5030 N.W. 5th Street in Rainberry Woods, with funding from 448-5411-538-63.90. Regular Commission Meeting March 3, 1998 E. SERVICE AUTHORIZATION NO. 5/HAZEN AND SAWYER (BARRIER ISLAND FORCE MAIN REALIGNMENT): Approve Service Authorization No. 5 in the amount of $24,977 with Hazen and Sawyer for engineering consulting services in conjunction with realignment of a sewage transmission main servicing the barrier island, with funding from 441-5161-536-63.74. F. CHANGE ORDER ~3 AND FINAL PAYMENT/O'CONNOR & TAYLOR, INC. (CITY HALL ENVELOPE PROJECT): Approve Change Order #3 in the amount of $21,433.75 and final payment in the amount of $106,829.75 to O'Connor & Taylor, Inc. for completion of the City Hall Envelope Project; with funding from 334-3431-519-62.10 and 334-4125-572-62.10. G. RESOLUTION NO. 16-98: Adopt a resolution urging the 1998 Florida Legislature to pass HB 3427 and SB 882 which provide a dedicated funding source for statewide beach management. K-9 SALE AND HOLD HARMLESS AGREEMENT: Approve a K-9 Sale and Hold Harmless Agreement regarding the sale of Police canine "Thor" to Philip Dorfman. I. EMERGENCY SERVICES AGREEMENT WITH THE CITY OF BOYNTON BEACH: Approve an Emergency Services Agreement for Mutual Assistance and Automatic Aid between the City of Boynton Beach and the City of Delray Beach Fire-Rescue Departments. J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board for the period February 17th through February 27, 1998. K. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the amount of $56,710.00 to Eagle Tank Technology and Renovation Corporation for painting the elevated water storage tank at the Environmental Services Department compound, with funding from 442-5178-536-61.79. 2. Bid awards for replacement of City vehicles from various vendors under State of Florida contract as specified in Attachment "B", Florida Sheriff's Association contract as specified in Attachment "C", and local bids as specified in Attachment "D" Funding is from City Garage Account #501-3312-591-64.20 in the amount of $465,687. 9. Regular Agenda: A. CONDITIONAL USE REOUEST/SUNDY INN: Consider a request for conditional use approval to allow the establishment of the Sundy Inn, a residential-type inn with outdoor dining facilities, to be located on the south side of S.W. 1st Street, between Swinton Avenue and S.W. 1st Avenue, with an accessory parking lot located at the northeast corner of S.W. 1st Street and S.W. 1st Avenue. QUASI-JUDICIAL PROCEEDING 3 Regular Commission Meeting March 3, 1998 B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION FOR ST. MARY'S THE VIRGIN ANGLICAN CHURCH SCHOOL: Consider an appeal of the Site Plan Review and Appearance Board's action to approve a Class IV site plan modification for St. Mary's The Virgin Anglican Church School. The subject property is located at the southeast corner of Homewood Boulevard and Atlantic Avenue. A POSTPONEMENT TO MARCH 17, 1998 HAS BEEN REQUESTED. C. SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN: Consider adoption of the Seacrest/Del-Ida Park Neighborhood Plan. The area is bordered on the east by the F.E.C. Railroad, on the west by Swinton Avenue, on the south by N.E. 4th Street, and the City limits to the north. D. PROPOSED PEDI-CAB SERVICE: Provide direction concerning proposals to establish pedi-cab services in the City. E. FUNDING REOUEST/PROJECT GRADUATION: Consider a request for funding from the Atlantic Community High School Project Graduation Committee. F. SPECIAL EVENT REQUEST/IRISH CELEBRATION: Consider a request for special event approval to hold an Irish Celebration on Saturday, March 14, 1998, from 12 Noon to 6 p.m. at Ocean City Lumber, including temporary use permit for Railroad Avenue from Atlantic Avenue to N.E. 1st Street, staff support, and event signage. G. IN-LIEU OF PARKING FEE AGREEMENT/JAVA BEAN JUNCTION: Consider approval of an in-lieu of parking fee agreement with Java Bean Junction located at 1136 East Atlantic Avenue. H. CONTRACT ADDITION (C.O. #4)/MOLLOY BROTHERS, INC.: Consider approval of a contract addition (C.O. #4) in the amount of $74,822.50 with Molloy Brothers, Inc. under the S.E. 4th Avenue Roadway Improvements contract to include paving and drainage revisions to both Sandoway and Ingraham parks in conjunction with the Sandoway House improvements; with funding from 117-4180-572-63.11 ($25,292.50); 117-4170-572-63.46 ($29,320.00); and 448-5411-538-63.90 ($20,210.00) . I. APPOINTMENT TO HISTORIC PRESERVATION BOARD: Appoint a member to the Historic Preservation Board to fill an unexpired term ending August 31, 1999. The appointment will be made by Commissioner Randolph. 10. Public Hearings: A. ORDINANCE NO. 12-98: An ordinance designating the Price House located at 1109 Sea Spray Avenue as a local historic site and adding it to the Local Register of Historic Places. B. ORDINANCE NO. 11-98: An ordinance amending Chapter 113, "Alcoholic Beverages", Section 113.02, "Prohibition of Consumption of Alcoholic Beverages in Public Places", of the --4- Regular Commission Meeting March 3, 1998 City Code to provide that it is a violation of the ordinance to possess an open container of an alcoholic beverage in certain public places, and to clarify the ability of patrons to consume alcohol at the Lakeview Golf Course and during special events at Old School Square and the Tennis Center. C. FIRST READING/FIRST PUBLIC HEARING: An ordinance amending Section 4.4.13, "Central Business District", Subsection 4.4.13(H) (1), of the Land Development Regulations to restrict the sale of second hand material other than verifiable antiques on N.E. 2nd Avenue (Pineapple Grove Way). If passed, a second public hearing will be scheduled for March 17, 1998. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 13-98: An ordinance amending Section 2.4.6(H), "Temporary Use Permits", of the Land Development Regulations to allow permits to be issued for the use of temporary parking lots within portions of the Central Business District (CBD), the Community Facilities (CF) District between Swinton Avenue and the Intracoastal Waterway, and portions of other non-residential zoning districts located between Swinton Avenue and 1-95. If passed, a public hearing will be scheduled for March 17, 1998. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING MARCH 3, 1998 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 9.J. Resolution No. 17-98 (Sovereiqn Immunity): Consider approval of a resolution opposing changes in the Constitution regarding Sovereign Immunity currently being considered by the Constitutional Revision Commission. ref:ADDENDUM MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 3, 1998 FINAL PLAT APPROVAL/DELRAY OCEAN ESTATES NORTH REPLAT DATE: FEBRUARY 26, 1998 This is before the Commission to approve the final subdivision plat for Delray Ocean Estates North Replat, a three lot single family subdivision located along the south side of Harbor Court between Andrews Avenue and State Road A1A. The plat was certified by the Planning and Zoning Board on July 21, 1997. This replat corrects an insufficient side setback on Lot 3A, moving it five feet to the east. All staff comments have been addressed. Recommend approval of the final subdivision plat for Delray Ocean Estates North Replat. ref:agmemol0 Agenda Item No. ~'~' AGENDA REOUEST Date: February 20, 1998 Request to be placed on: X Regular Agenda __ Special Agenda __Workshop Agenda When: March 3, 1998 Description of item (who, what, where, how much):Approval of final subdivision plat for Delray Ocean Estates North replat. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the final subdivision plat for Delra¥ Ocean Estates No~~ ~ Department head signature: ~.JZ-%~~__ Z-&~--f~'~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (ifapplicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac-Oceanest file:s/eng/tac/oceanest/ag3398.doc MEMORANDUM TO: David T. Harden City Manager FROM: Barron Caronit~55-~.~...- Engineer I ~ SUBJECT: FINAL SUBDIVISION PLAT DELRAY OCEAN ESTATES NORTH PLAT DATE: February 23, 1997 Attached is an agenda request for Commission approval of the final subdivision plat for Delray Ocean Estates North. The subject plat consists of the subdivision for three single family homes. It was determined that the side set back of Lot 3 was insufficient. This replat moves the property line of Lot 3A, 5 feet east to accomodate the required side setback. The site plan was previously approved by the Planning and Zoning Board at the July 21, 1997 meeting. Also attached is a location map and reduced copy of the plat. If acceptable, please place this item on the March 3, 1998, Commission meeting for Commission approval. BC/gm attachment cc: Randal L. Krejcarek, P.E., City Engineer Richard C. Hasko, P.E., Dir. of Environmental Services John Walker, Project Planner Barbara Garito, Deputy City Clerk file: Ocean Estates file:s/eng/tae/oceanest/fnlrept.doc ' 1[ 1--1~13Tl~13Tl~ II--~ t ' CITY of DELRAY BEACH DEk~Y OCEAN ESTATES NORTH EN~RO~E~AL SERVICES DEP~TME~ ~ REPOT ~o~ 4~ ~o~ ~ i~. 9~ ~. ~i a~ LOCA~ON ~P MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lVlg2qAGER~ SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 3, 1998 FINAL PLAT APPROVAL/CONGRESS INDUSTRIAL SQUARE DATE: FEBRUARY 26, 1998 This is before the Commission to approve the final boundary plat for Congress Industrial Square, a proposed two lot industrial subdivision located on the north side of Don Francisco's Way, between Congress Avenue and N.W. 18th Avenue. The plat is required as a condition of site plan approval and provides for a right-of-way dedication as well as utility easements. All staff comments have been addressed. Recommend approval of the final boundary plat for Congress Industrial Square. ref:agmemoll Agenda Item No. ~3 AGENDA REOUEST Date: February 24, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: March 3, 1998 Description of item (who, what, where, how much):Approval of final boundary plat for Congress Industrial Square. Staff comments have been ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the final boundary_ plat for Congress Industrial Squa~ ~ ~ Department head signature: / ~~/~-~/ ~'~0'"'~:~ ~/t~/~t~ Determination of Consistency with omprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~/NO ~Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac-Congress Industrial Square file:s/eng/tac/congsqq/ag3398.doc MEMORANDUM TO: David T. Harden City Manager Engineer I SUBJECT: CONGRESS INDUSTRIAL SQUARE BOUNDARY PLAT DATE: February 25, 1997 Attached is an agenda request for Commission approval of the boundary plat for Congress Industrial Square. The subject property is being platted as a condition of site plan approval for a Right-of-Way dedication and for easements to aecomodate the extension of water and sewer mains. The site plan was previously approved by the Planning and Zoning Board at the January 7, 1998 meeting. The site plan consists of a light industrial building on Lot 1 of the proposed plat. Lot 2 of the subject plat will be developed at a later date. Also attached is a location map and reduced copy of the plat. If acceptable, please place this item on the March 3, 1998, Commission meeting for Commission approval. BC/gm attachment cc: Randal L. Krejcarek, P.E., City Engineer Richard C. Hasko, P.E., Dir. of Environmental Services John Walker, Project Planner Barbara Garito, Deputy City Clerk file: s/eng/tac/congsqq/agmemo.doc POINSE~A BL~. / , CITY of DELRAY BEACH co~ss ~ON~NT~ S~R~C~S D~P~RT~NT £1TY OF OELARY BEI:I£H DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 407/243-7G00 Ail-America City 1993 TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager DATE: February 17, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 17, 1998 Emergency Approval - Repairs Fire ACTION City Commission is requested to declare an emergency and approve engine repairs to Fire Department vehicle #9233, a Pierce Pumper, in the amount of $12,393.64. The vendor that completed the repairs is Florida Diesel. Funding is available in account #501-3311-591- 52.50 - Outside Service/City Garage. BACKGROUND Work has now been completed on Fire vehicle #9233, a Pierce Pumper. This work involved major engine work per the attached bill. On December 18, 1997, we received an emergency call out indicating that the vehicle would not run. Our garage staff discovered engine damage that was beyond the scope of our in-house capabilities. The Pumper was towed to Florida Diesel and Truck in Riviera Beach, the nearest factory authorized dealer. Due to the degree of damage and the unknown amount of work to be done, we were unable to determine the exact cost ahead of time. This work was considered an emergency. RECOMMENDATION Declare the engine repairs completed on vehicle #9233 an emergency and approve repairs in the amount of $12,393.64 with Florida Diesel with funding to come from account #501- 3311-591-52.50 - Outside - Repairs. RAB/sdl Attachment File:u:sweeney/agenda Doc:021798a.doc THE EFFORT ALWAYS MATTERS Printod on Recyc/od Paper INVOICE Customer #: f15500 Delray Beach, City of 1~ NW 1st Avenue Delray Beach ~ ~4 At~: F~e Dept. ~ and maH~ ~lc~, in~ ~ Central Indust~al ~ve Riviera Beach, FL 33~ Charge ,, MV-09587 ~1-~2-1518 Ex 561~-9726 ~ ~ ~ Complaint 6VF191709 Check engine. S~rted blowing black smoke and lo~ed up. Check air system for ~M~ a ]~sing pressure and rebuild air dryer. Complete P/M service 8067-7845 Cau~ - Tag ~ '~105~ City Correction Steam clean engine area and tow unit in shop. Drain oil and pull oil pan. Found Mileage/Houm ~4 main bearing ~rned with progressive damage to thrust washer area.Unhook 56,768 / 5135 and remove engine from chassis. Disassemble engine to bare block. Found 2 & 3 main bearing tuned also.Clean and mag check block-ok. Replace bad main caps. Set M~el Year up,~t caps aligned main bore. Disassembled heads and cleaned parts.Replace ~992 injector ~bes.~t up and resurfaced heads.Cut valves and valve seats. Reassemble heads with new springs,seals and locks. Rebuilt ~rbo with new bearings and ~uip M~ seals.Rebuilt blower with new bearings and ~als.Rebuilt oil pump with new ~mPm~ gears.Replaced oil cooler core. Replaced thermostats and seals. Replaced camshaft thrust washers and ~earings.Install Reman ~an~haff and check bearing . ~uip Make clearance~k. Reassemble engine with new cylinder ki~bearings,seals and gasket.Pressure check and reinstall water pump. Install Reman fuel ~ ~ pump. Clean,check and reinstall injectors.Tune engine and install covers. Install N~000~92 engine in chassis.Hook up all hoses,lines and wiring.Replaced oil and fuel filters. Pressure lu~ oil system. Fill and pressure check cooling system. Fill IS D ~ansmission oil level and ~ease drive line. Check all fluid levels. Prime and 8/~7/~ pressure check fuei system. Run engine and hook up on chassis dyno.Test run through warm up,break in and HP phases. Unhook and remove from dyno. Check InjS~e/CPL~ all connecfio~ and add anti-freeze.Rebuild air dryer. Clean and return unit. Baild ~ ~662-03 ~bor 4~228.20 Pa~ent Terns 2% 10 days, net ~ days Pa rts 7~187.49 ~ Date O~n~ ~voice ~ Invoice Date Mach Shop 753.50 1~$ 70788 12/19/97 1~32 ' ~' 1¢~fi98 Sublet Shop Supply 75.00 Any warranties on thep~u~s ~ld hereby are those made by Miles/Toll Manufacturer, if any. The ~ller he,by expr~sly di~laims all wa~nti~ either ~p~ss or impli~, including ~y impli~ wamnty Waste Disposal 149.45 or memhantability or fitness tot a ~icular pur~, and ~orida Adjustment Di~el Track ~ M~ine ~i~s, Inc. neither assum~ nor authorizes any other ~n to assume for it any liability in conn~ion with the Subtotal 12~93.64 sale o~ sat'd products. We hereby ce~ify that these g~s were pr~u~ in ~mplian~ with all appli~ble r~uimments of ~ions 6~ Sales Tax 0.00 7 and 12 of the Fair ~r Standards A~ of 1938~ as amend~ and of regulations and orders of the Administrator of ~age and Hour ~vision issu~ under s~on 14 thief. ~~~/./~gff P lea~ Pay this TOTAL ~ [ 12,393.6q PI625102 City Of Delray Beach Florida 2/09/98 Purchase Requisition 11:03:48 Number ........ 0000059456 Type ......... 1 PURCHASE REQUISITION Status ........ REQUISITION APPROVAL Reason ........ MISCELLANEOUS AUTO REPAIRS By .......... PAME WILLIAMS/CONFIRMED Date ......... 2/02/98 Vendor ........ 224870 FLORIDA DIESEL TRUCK'AND Contract nbr ..... Ship to ........ CG CENTRAL GARAGE Deliver by date .... 2/28/98 Buyer ......... Fiscal year code C C=Current year, P=Previous year, F=Future year Type options, press Enter. 5=Display 8=Item extended description 9=Quotes Opt Line# Quantity UOM Description _ 1 1.00 JOB ENGINE REPAIR/V9250/I106432 Total: ..~2,393.64 F3=Exit FT=Alternate view FS=Requisition quotes F9=Print F10=Approval info F12=Cancel F20=Comments PI625102 City Of Delray Beach Florida 2/09/98 Purchase Requisition - Item Information Line number : 1 Item desc . . . : ENGINE REPAIR/V9250/I106432 Vendor part # : Commodity . . . : Sub-com ..... Item # ...... Ship to ..... CG CENTRAL GARAGE Quantity ..... 1.00 Order UOM .... JOB JOB Cost code .... N NOT APPLICABLE Unit cost .... 12,393.6400 Account # .... 50133115915252 Project ..... Purchase order Press Enter to continue. F8=Extended desc F12=Cancel F13=Fleet MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE~/I SUBJECT: AGENDA ITEM # g~ - REGULAR MEETING OF MARCH 3, 1998 EMERGENCY BID AWARD/JOHNSON-DAVIS, INC. (RAINBERRY WOODS DRAINAGE OUTFALL REPLACEMENT) DATE: FEBRUARY 26, 1998 This is before the Commission to approve an emergency bid award in the amount of $23,440.00 to Johnson-Davis, Inc. for drainage outfall replacement in the Rainberry Woods subdivision. The project consisted of replacing approximately 140 linear feet of deteriorated 24" corrugated steel pipe with new corrugated aluminum pipe at 5030 N.W. 5th Street. Three quotes were obtained, with Johnson-Davis, Inc. being the low bid. The price includes clearing and grubbing, removal and replacement of the pipe and headwall, restoration of landscaping and fencing, and excavation of the fill spoil infiltration into the L-32 Canal. Recommend approval of the emergency bid award to Johnson-Davis, Inc., with funding from Stormwater Utility Fund - Other Improvements (448-5411-538-63.90). ref:agmemo6 Agenda Item No.: ~t/ AGENDA REQUEST Date: February 23, 1998 Request to be placed on: X Regular Agenda __ Special Agenda Workshop Agenda When: March 3, 1998 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for award of a Purchase Order to Johnson-Davis, Inc. for the emergency drainage outfall replacement of approximately 140 LF of deteriorated 24" corrugated steel pipe with new corrugated aluminum pipe at 5030 N.Wo 5th Street in Rainberry Woods (PN 98-66). Three proposals were solicited and received for this work. Johnson-Davis, Inc. was iow at $23,440.00; followed by Molloy Brothers, Inc. at $23,750.00; and Chaz Equipment at $26,015.00. Prices include clearing and grubbing; removal/replacement of the pipe and headwall; all restoration of landscaping and fencing; and excavation of the fill spoil infiltration into the L-32 Canal. Funding source is from #448-5411-538-63.90 (Stormwater Other Improvements). ORDINANCE/RESOLUTION REQUIRED: YES/~/~O~RAFT ATTACHED YES/~ P4mco~ncLation:Davis, Inc. Staff Recomm~. a~/1 ofjPurchase Order a~~Johnson- Determination of Consistency with Comprehensive Plan: City AttorneyReview/Reco~anendation (if applicable): Budget Director Review (re,~ire~l liters involving expend/ture of funds): Funding available: E~NO Funding alternatives ~ (if applicable) Account No. & Description ~Q Account Balance~ ~lqO~{~ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9866.doc DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: Howard Wight Deputy Director of DATE: February 25, 1998 SUBJECT: N.W. 5th Street Drainage Outfail Replacement (Project 98-66) Emergency Pipe Replacement Attached for Commission approval is an agenda request for award of a Purchase Order to Johnson-Davis, Inc. It encompasses emergency drainage outfall replacement of approximately 140 LF of deteriorated 24" corrugated steel pipe with new corrugated aluminum pipe at 5030 N.W. 5th Street in Rainberry Woods. The existing pipe has failed in several areas causing sinkholes and fences to collapse in the easement between the properties from N.W. 5th Street to the L-32 Canal Lateral.. (See attached location map) Three proposals were solicited and received for this work. Johnson-Davis, Inc. was low at $23,440.00; followed by Molloy Brothers, Inc. at $23,750.00; and Chaz Equipment at $26,015.00. Prices include clearing and grubbing; removal/replacement of the pipe and headwall; all restoration of landscaping and fencing; and excavation of the fill spoil infiltration into the L-32 Canal. Funding source is from t/448-5411-538-63.90 (Stormwater Other Improvements). cc: Robert Barcinski, Asst. City Manager Randal Krejcarek, P.E., City Engineer File: Memo to City Manager Project 98-066 (A) s:engine\projects\98066\letters\agndamem.doc WED 15:02 F3~I 1 561 585 5252 JOHNSON-DAVIS INC, ~002 IRAINBERRY EMERGENGY DRAINAGE OUTFALL ~,EPLACEMENT dOHN$ON-DAVIS, INC. Proposal 604 Hilibmth Drive Lantana, FL 33462 I~hone (561) 58e-1 Fax (561) 585-5252 ...... ::.::.:"Y ':.": ' ': ....... ,::': :.*::"':.,':!,;'. ..... l'. .'J .P I . ~J'. .' ~ .'~q ~ q , . · ~ ". o -: ; "~ ........ "et"": "" "~ffi"'~t.'i~' _l Mobilizafio% Cleating and Orubbi~ ,1,_:~I. I .... /SDO, oo l~mow infiltration spoil material fi-o,m, d~ainase canal LAL I ~;o~ Tie-in to Existing Inlet ,.. E?. 1 L:DO' ov 24" Rip Pap I-Icadwall at Ouffall E.t~. 1 ~00' ~o ~#~;-b~- ~en~e~.~ola~ment- ~,.,':. - ~ /~60, o~ I.~ds~e Restoration ' L.ll, 1 ..~, oo 'ir --'~;'''~ ........ '~i' ...... ,~.~fl~ '" ~i~Ji:~!tl~l~i-~ ~ ~' ..... ~": ..... ~''~ 'Sa; "'"'~{' ''¢'' ':'l '"~ ..... ,"'""',"'"'~ .' .............. 'f "~,$.., ~,,~,a~a~.~f,~_.?~.' '~ 3'~ ' ~,14 ~'I~ PrirRed: 2/13199 02/19/19~B 17:23 3057~29381080000 MOLLOYYDER PAGE 02 DELRAY .~_-tJOB NA~E: fOe,ray Bch-~i~'~tlal/Repl.er~f~i"'.! 5030-~'~h St.' '~- ............... ~' '-"-~t"' ['--~mlO DA~.- '¥E~,~'~'~,"i~'~"j~"~ §~ ....... ~Z ......... I' .............. T ..... ?"~ L lc_Ontmct _lt_t~- .......... ~-'J;inji t Eitlmllel ' ' ' LJ~tI ........ t-'-~,~. ': -' ~ ...... ~-- ~--T ........... ~' ............. l" ~=,.nu~ ~,ce ..... I ...... ~-~-~ ..... ~ ..... l' ..... ~ .......... T"-: ............. 1- .... ~ .............. ~ .......... ! ............ ~ ......... t' ........... -,,'- [_l~..'O~:..a~,._l ~Mob, Cla~rln & Q~'l~r~ ...... '~'~""'t ....... 1 [ "$' ~000 00'~ $ ..... ~:i~0 00-~----"~ ....... + .... - ' ........... g . g ......... ..[.:)...-....:.[ . I ....... : ........ : ...... ~ ....................... ~... F-FT~'~-~i~-T.ag~-c"~-~, ...... T'"i:.$. I" ~ iS 5oo,oo"T $ ...... ~:o~'1- ............. 1-' '! .... ["~'-?~P ' --T-- ...... ~'-L:~::"~i~'"'i-~- "~:~-Ti-'~:~'~01 / ~ ....... J 4 iTi~-in to ~-~i~ling t~iat ......... ,]--~'-T----~ ' "-I"'j ..... ~:~(~'~'j~-----~ ...... 'T-- ........ ~n~J~pTe'~i-~r~ti°n' "1' L.S,'i "1 I'$ 2,~00.'1)~-~ '~ ..... 2',IF~0]~'*, ................ 1 ....... ?'" ~TOTAL BI--~'------ t .............. '- ...... ' ..... f ............. ~-~-- 23 ....... 750 IX), ............ ~ .......... ~ ..... t--l- ............ ~ ....... ,~ .......... : ................. ~ ............ T ........... fi--- .... ~ ............ -T-- ~-:z..: .... "-T ....... : ........ !".... ' .:::_~_:.,...., --T--: : :' ".' :.f :' ........... -t .... ! ! ...... '~ .................... ', ..... i ........... '-i .... i ............ 4-. ........... !- T--1 ~---: ....... ,?---2 .......... ?~ ............. -1 ............. T ---T-, ....... :.:.'.::.:'..'..: ~-:.,'-- ................. -::: ~: :.' ;: :.' 'I~'''. .......... i':' ~' ': ..... i__ :::.:':"'~::,._-...: ...... :::--:i...P.,-:.::::I::":::'-:.I- ....... '--: ..... i ........... ..-:-."-.. i' ......... :..:iii'i:_:.-::::'::..:' ~ .. ................... _ "':'". i:'_.:':-::: _~...: ' ....... :::'.: ' ...... . ....... ~ ..... ~ --',t- ............... ......... ":'""::]7---':""" I :'' ............. :::': ~ ..... ................ :'""" ............ 14 Ti, F~"-, ~2~20/9~ 08:24 FAX 15612785149 Chaz Equipment ~04 RAINBERRY EMERGENCY DRAINAGE OUTFALL REPLACEMENT l~ropo~al .... .'~...;.,~o,,,.nt at 5030 NW Sth St_ -I~EM ITEM ESTIMATE UNIT EXTENDED i"' NtO' DESCRIPTION UNIT QUANT!,TY PRICE COST .... Mobilization. Clearing a_.nd Grubbing ... L;$; 1 5,80~).00 5,800.00 2 Re .nlove iqfiltraUon spoil m~eri_.ai from dm..inage canal L.8~ 1 650.00 850.q0 _ 3 24." CAP .... LF.,,. 14_o, ~. 4.. Tie-in [o Exi.sti.n..g !nlet EA. I 1,250.00 1~250~00 ___._5_ 24" RiO RaO Heedwali at Outfail EA. . . .1 2,000.00 2.000.00 ...... $ Fence Replace~e~ . .. L.S. 1 1,925,0_0 _ .1~g25.00 7 Landscape Restoration [.,S. 1 3,200.013 $.200.0.0 ........... TOTAL B!D AMOUNT , $26~015,00 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~J~/t SUBJECT: AGENDA ITEM #~ REGULAR MEETING OF MARCH 3, 1998 SERVICE AUTHORIZATION NO. 5/HAZEN AND SAWYER (BARRIER ISLAND FORCE MAIN REALIGNMENT) DATE: FEBRUARY 27, 1998 This is before the Commission to approve Service Authorization No. 5 in the amount of $24,977.00 with Hazen and Sawyer for engineering consulting services in conjunction with realignment of a sewage transmission main servicing the barrier island. The scope of the project includes rehabilitation of an existing 24" Intracoastal Waterway crossing at Atlantic Avenue and connection to existing sewer force mains on the east and west sides. This 24" crossing will be disconnected from the active ocean outfall and will become the primary sewage transmission main servicing the barrier island. It will replace the aging 16" sewer crossing at N.E. 1st Street, allowing that main to be removed from service for inspection and rehabilitation as necessary. Recommend approval of Service Authorization No. 5 with Hazen and Sawyer in the amount of $24,997.00, with funding from Water and Sewer Capital Outlay - Intracoastal Sewer Crossing (441-5161-536- 63.74). ref:agmemol3 Agenda Item No. 7~ AGENDA REQUEST Date: 2/25/98 Request to be placed on: Workshop Agenda When: 3/3/98 XX Regular Agenda Special Agenda Description of item (who, what, where, how much): Staff requests Commission approval of Service Authorization No. 5 for Hazen and Sawyer in the amount of $24,977.00 for engineering services in conjunction with realignment of a sewage transmission main servicing the Barrier Island. Project scope includes rehabilitation of an existing 24" Intracoastal Waterway crossing at Atlantic Avenue and connection to the east and west to existing sewer force mains. Funding is available from Capital Outlay Account #441-5161-536-63.74, Intracoastal Sewer Crossing. ORDINANCE/RESOLUTION REQUIRED: YES~_..Q~O DRAFT ATTACHED YESfNO Recommendation: Staffrecommends approval of Service Authorization No. 5 for Hazen and Sawyer. Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required ~nvolving expenditure of funds): Funding available ~NO~~-~: ~'~'~ / t~ [, , , Funding alternatives Account No. & Description ~ccountBalance~t~l~00~O-- - - ~'~ City Manager Review: Approved for agenda: 0 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Director ESD SUBJECT: BARRIER ISLAND FORCE MAIN REALIGNMENT - PROJECT #98067 DATE: February 25, 1998 Attached is an agenda request and a copy of Service Authorization No. 5 for Hazen and Sawyer in the amount of $24,997.00 for provision of consulting services for the subject project. The scope of this project includes: the rehabilitation of the existing 24" Intracoastal Crossing at Atlantic Avenue, formerly comprising a portion of the South Central Regional Wastewater Treatment and Disposal (SCRWTD) Plant Oean Outfall, extension of the existing 16" sewage force main from East Road westerly to the Intracoastal Waterway (ICWW) and connection of the 24" crossing in Veterans Park to the existing 24" force main which was the former discharge main from the old Master Lift Station. The 24" ICWW crossing will be disconnected from the active Ocean Outfall and, subsequent to the described work, will become the primary sewage transmission main servicing the Barrier Island. The completion of this project will allow the removal from service of the aging 16" sewer crossing at N.E. 1st Street for inspection and rehabilitation as necessary. This main can then be utilized as a redundant raw sewage crossing for emergency use, or as a transmission main for provision of reuse water to the Barrier Island should current studies verify the cost efficiency of that project. This project has been on hold for the past two years pending issuance of the SCRWTD Plant operating permit renewal by the Florida Department of Environmental Protection formalizing abandonment of the 24" crossing. In a meeting with D.E.P. staff last week, we expressed our concern over the condition of the existing 16" crossing and emphasized the potential environmental consequences should a failure occur. We were advised by D.E.P. that the SCRWTDB permit would be issued expeditiously and would specify the abandonment of the 24" crossing. The SCRWTDB has previously approved return of this main to Delray Beach pending issuance of the D.E.P. permit. The current construction budget for this project is $250,000.00 with funding available in Capital Outlay Account #441-5161-536-63.74, Intracoastal Sewer Crossing. Please place this item on the March 3, agenda for consideration by the City Commission. RCH:cl cc: Victor Majtenyi Randal Krejcarek Robert Hagel File .~EB ~5 'DS 11:~0 ~ROM HAZEN SAWYER-BOCA PAGE.002 ~TY OF DELRAY BEACH CONSUI._TI_.NG SERVICE AUTHOPJZATIQN DATE: F~ru .ary_ 24, 1998 SERVICE AUTHORIZATION NO. 5 FOR CONSULTING SERVICES CITY P,O. NO. CITY EXPENSE CODE: PROJECT NO. (CITY) (HAZEN AND SAWYER, P.C.) TITLE: l~rder island Force_main Realio_nment This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the contract dated May 26, 1995 as if written there In full. i. PROJECT DESCRIPT~0~ The 24-inch cast iron ocean outfall piping tibet crosses (subaqueous) the Intrecce~al Waterway will be converted to a forcemain~ The 24-inch outfa~l piping was Installed In 1962 and due to a leak was taken out of service in '{998. A 30-inch ductile iran ocean outrall pipe that parallels the 24-inch is used as part of the ocean ouffaJl piping system to discharge secondary effluent from the South Central Regional Wastewater Treatment Plant to the ocean, The CITY of Deiray Beach plans to rehabilitate the pipe by cured-in-place pipe lining and u~e it as part of their wastewater transmission system, The 24-inch pipe will be disconnected from the 30-inch outfall pipe at the east/wes~ connections and will be connected to the existing '16-inch ductile iron forcemain on East Rossi and the existing 24-inch ductile iron forcemein in Veterans Park. Once the 24-inch pipe is lined and connected to the CITY's wastewater t~ansmission system the pipe will be used to convey flows from the Barrier island to the in-line master booster pump station. II, SCCLp, E OF SERVICER A. Phue I - Study and Reoor~ - Nq[ APi~lieable B. Phase II - pm,, Iiminarv D~i~ln,phaye - Npt A~r~lieable C. phase I1,!,- Final Desion ,P, hase 1. CONSULTANT shall perform a desk-top hydraulic evaluation for the 24-inch lined for~emain to ensure that the minimum veloc,/ty of 2 feet per second Is maintained. CITY shall provide field tests to determine flow in the existing 16-inch forcemain just west of East Road. 2. CONSULTANT shall prepare construction drawings which shail include: cover sheet, general plan, plan end profile drawings, and miscellaneous cletail sheets. The drawing scale sl~all be 1-inch equals 20 feet for pipeline plan and 1-inch equals 5 feet for pipeline profile, CONSULTANT shall prepare the engineering design elements on topographic survey information in an AUTOCADD release 13 format. CONgULTANT shall submit four (4) copies of 90% design drawings, specifications, Pegs 1 of 6 FEB £5 '98 11:~ F~OM H~ZEN S~WYER-BOCA PAGE.003 and cost opinion for review by CITY, CONSULTANT shall meet with CITY to discuss comments, and incorpora+.e comments into final documents. CONSULTANT shall furnish, with the '100% design drawings one set of CADD drawing files on IBM PC-AT formatted, magnetic media compatible with AUTOCADD Release 13 for use by CITY. 3. CONSULTANT shall prepare a detailed opinion of probable construction cost based upon the completed final design drawings, and specifications approved by CITY. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the project, 4, At the outset of the Design Phase the CONSULTANT shall meet with appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the projec~ include: FDEP, HR$, and CITY of Defray Beach, Permit applications shall be completed as required for FDEP? HRS, and City of Delra¥ Beecl~. Associated permit application fees shall be determined by CONSULTANT and paid by CITY. tn addition to preparing the permit applications for appropriate regulatory agencies, CONSULTANT shall assist the CITY in consultations with the appropriate authorities. Consultation services shall include the following: ,, Attend up to one (1) pre-application meeting with the staff of sact~ of the regulatory agencies. · Attend up to two (2) meetings with each of the regulatory agencie~ dudng review of the final permits for approval, · Respond to request(s) for additional information from each agency, Permitting services provided are limitec~ to 25 hours, Engineering services beyond 25 hours to responcl to regulatory agencies' requests shall be negotiated as additional work at the approved rate in this Contract. D., Please ,IV- BiddinR/Neqotiation, Phase 1, CONSULTANT st3ali auist CITY in advertising for and obtaining bicls or negotiating proposals for construction Including (materials, equipment and labor), It is anticipated that all work shall be awarded under a single construction contract. CONSULTANT shall provide original design drawings and bidding documenls to CITY to issue bid package, The CITY shall receive and process deposits for bidding documents and shall maintain a ~e~ord ~f prospective biddem to whom bidding documents t'mva been issued. 2. CONgULTANT shall affend pre-bid conference an[~ provide a wrfffen summary of issued discussed. 3. CONSULTANT shall Issue actclenda and shall provide supplen~e~tal infonllation or clarification, as appropriate, to interpret, cladfy, or expand the bidding docu,ments to all prospective bidders during the bid period. P, ROE/C33~ Page 2 of 6 .FEB 25 '98 11:21 FROM HAZEr4 SA~YER-BOC~ PAGE.00~ 4. CONSULTANT shall advise CITY as to the acceptabilfty of subcortttacl.0rs, suppliers and other persons and or~anizatlons proposed by the Contractor(s) fol' tllose poMions of the work as to which such acc, eptabifity is required by the bfdding documents. 5. CONSULTANT shall advise CITY as to the acc, eptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contact is allowed by the bidding clocuments. 6. CONSULTANT shall attend the bid opening, prepare bid tabulation sheets and assist CITY in evaluating bids and proposals and in assembling and awarding contract for construction. CONSULTANT shall submit to CiTY a written recommendation concerning contract award. E. Phase V - Const ,,r~.~, flirt Phase Construction Phase Services are not included in this Service Authorization No, 5 and shall be negotiated under a separate Service Authorization if requested by the CITY, F. Pha_~e._ Vi - Resident Project Repm,.eentative Servioea Phase Resident Project Representative Phase Services are not included in this Service Authorizatfo~ No. 5 and shall be negotiated under a separate Service Authorization if requested by the CITY, ADDITIONAL SERVICES A1. survey Verifioation The CONSULTANT shall furnish the services of a professfonal surveyor to provide survey services consisting of field topography and horizontal and vertical locations raference~l by baseline stationing. A~I existing facilities and utilities within the full right-of-way of the established construction limits will be' referenced t~y I:~aseline station with an 0ff~et distance (ief~ to dght) from baseline for the project and shall Include the following: 1, Topographic survey at a minimum of 100 foot intervals and st meJcr ground elevation changes to depiot existing ground profile at proposed pipe location. This shall be accon~piished by creating a baseline in the field to coliect pertinent ctata which shall include: Location of all visible fixed improvements within project limits, IncJuding roa~vay pavement, buildings, sidewalks, walkways, curb, trees, shrubs, signs, fences, wails, power poles, and other encumbrances, including point of curvature tangency. Location of all known above and below ground existing utilities: FP&L, Southern Bell, Cable TV, Netunal ~as, and potable water (pipe diameter, top of pipe, valves, and fire Mydrantsl, foroemalns, drainage facilities including pipe diameter, top of pipe elevation, direction and inver~ elevations, meter boxes, service oonnections, rim/grate eievatio~s of all storm, sanitary, and other accessible structures. This w~ll include cocrdination with U.N.C.L.E. PROE, C33,5 Pe~;ie 3 -FEB ~5 '~ iI:S~ FROM H~SEN SAWYER-BOCA PAGE.005 Underground piping (potable water, fomemains and storm sewers) shall be pot-holed by CITY in a timely fashion. There is no provision for CONSULTANT to probe or ex=avate fol' these underground utilities. c. Cros~-seotions elevations at approximately 100 foot stations within project ~imlts, Including centefline of construction limits, eQge of pavement, top of shoulaar, bottom of shoulder, fight-of-way line, and low points, d. Provide and reference benchmarks at maximum 600 foot Intervals. Elevations to be referenced to an existing established County and/or CITY benchmark. 2. The above topographical survey data shall be provided in the form of a (;ADD drawing. The CADD drawing shall include all survey data collected in item No. 1 above. Sufficient data shall be shown on the CADD drawings so that the baseline can be recreated by the Contractor. It is anticipated that CITY personnel will assist in field verification of affemed above, and below ground facilities, A2- Additional Engineering Additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions~ and potential property or easement acquisitions. So,ices pan=ormed unclar this task will be on an as-directed basis in accordance with a written Notice-to-P~ocaed from ti~e CITY Manager. Each Notic~to-Proceed issued shall contain the following information and requirements. · A detailed description of the work to be undertaken. · A budget establishing the amount of the fee to be paid In accordance with the Agreement. · A time established for coml~etion of the work. Ill. O..A,,TA,,,.AN,D., ,,S. ERVlCES TO lee PRovIpR. o, BY THE CITY CITY shall provide Data and other services in ar.,c, ordance with Article IV of the Contract. As additional services, the CITY will provide material and soit testing and inspection services as required to assure compliance with the c, onstruotion doc.~ments. Also, CITY will utilize the services of'a concrete testing laboratory to perform concrete tests as detailed in the construction speclficatfons and deemed necessary to CONSULTANT, CONSULTANT shall not be responsible for the means, methods anti accuracy of material testing subcontractors. The CITY shall also provide excavation, labor, equipment and materials required to locate the alignment and elevation of e~isting underground utilities within the construction areas of this project. PR0~C335 Page 4 of 6 - FE~ 25 '98 ~1:22 F~OM HRZEN SR~YER-~OCR PRGE.00S IV, COMPENSATION The compensation for services shall be billed on an hourly I~asis plus miml~ursable expenses. Scope of Work Fee,~ Phase III $ 15,360 Phase IV $ 2,337 Surveying $ 6,800 Out of Pocket Expe~Ises $ 500 TOTAL COST $ 24,997 V, COMPLETION DATE The completion date of providing lhe Bidding Documerlt$ shall be within tl~ree months of written Notice to Proceed. VI, A~SUMPT, I.ONS Work desc."ibed herein is based upon the aesumptions listed below. If conditions differ from those assumed in a manner that will affect schedule or scope of work, CON,~'ULTANT shall advise the CITY in writing of the mai;Intrude of the mqui~d adjustments. Changes in completion schedule or compensation to the CONSULTANT shell be negotiated with the CITY. 1. CITY shall provide COI~ULTANT record drawings of all exJstfng facilities which shall serve as the basis for mo~lifications ir~luded in this project. '2. CITY shall tatum to CONSULTANT within 10 working days after receipt from CONSULTANT, one ~opy of the 90 percent contract documents containing all comments to be considered for incorporation into the final documents. CONSULTANT has assumed that atl forcemein alignrnent.~ are within CITY rights-of-way. 4. CITY shall be responsible for acquisition, surveying, arid legal description of easements of property required for facilities. 5. CONSULTANT has not included preparation of operation and maintenance manuals or startup services in this scope of work. There are no canal, jack and bore, County or htghwey crossways required. 7. CITY shall pay all permit fees. 8. CITY personnel shall assist in field verification of affected existing CITY facilities. 9, Contractor shall provide CITY with Reccrd Drawings. 10. Surveying the 24-!nci~ subaqueous crossing is not included in this Service Authorization. PR0,,~C335 F~ege ,5 of 6 - FE~ £5 '~8 !1:~ FRO~ ~ASEH SAWYER-BOCA PAGE.O07 This Service Authorization is approved contingent upon the crI'Y'S ac~c, eptance of and satisfaction of tt~e completion cf the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the CITY in its sore discretion ls unsatisfied with the services provided ia the previous phase or' Service Authorization. tMe CITY may terminate the contract without incurring any further liabilitj. The CONSUI,TANT may not commence work on any Service Authorization approved by the CITY to be in~ludect as part of the contract without any fun'that notice to proceed. Approved by: CITY OF DELRAY BEACH HAZEN AND SAWYEia, Date: Date: Jay Alperin Gary W, Bors, P.E. Mayor Vice President Witnas~ Attest: Approved as to Legal Witness Sufficiency and Form STATE OF= Flori..cl..a COUNTY OF Palm Beacl~ The foregoing instrument was acknowledged before me this ~ day of , .39__~_ by Gary W. Bom, vic~, Pm,.,s!dant (name of officer or agent, title of officer or agent, of He, zen and Saw"var. P.e. (name of corporation acknowledging), a New York (state or place of inGorporation) corporation, on behalf of the corporation. JZ[~She (i~ gen~rtail¥ knowl~ t~_m~,[or has produced identif'~ation), FIodda Driver's License (type of idefltificetion) (.a..s identification) and (did/did not) take an oath. Signature of Parson Taking Acknowledgment LOdA. Ogbom ,, Name of Acknowledger Typed, Printed or 8tamped PR05C335 FE~ 25 ~8 ll:~a FROM HAZEN SAMfER-B,J.R PAGE 008 TOTAL PAGE.008 .~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MA~AGER~ SUBJECT: AGENDA ITEM # ~'~- REGULAR MEETING OF MARCH 3, 1998 CHANGE ORDER #3 AND FINAL PAYMENT TO O'CONNOR & TAYLOR, INC. FOR THE CITY HALL ENVELOPE PROJECT DATE: FEBRUARY 26, 1998 This is before the City Commission to approve closeout Change Order #3 in the amount of $21,433.75 and final payment in the amount of $106,829.75 to O'Connor & Taylor, Inc. for completion of the City Hall Envelope Project. Included in the backup material is a memorandum from Mr. Aguila detailing the items added to the project along with an explanation for each one. Funding will be from the General Construction Fund, accounts 334-3431-519-62.10 (City Hall Envelope) and 334-4125-572-62.10 (Community Center Addition). Recommend approval of Change Order #3 and final payment to O'Connor & Taylor, Inc. for the City Hall Envelope Project. ref:agmemo7 Agenda Item No. o~· AGENDA REQUEST Date: February_ 24. 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: Mamh 3. 1998 Description of item (who, what, where, how much): Staff request City Commission approval of Change Order #3 in the amount of $21,433.75 and Final Payment in the amount of $106,829.75 to O'Connor & Taylor, Inc., for completion of the City Hall Envelope Project. Funding is available from Account No. 334-3431-519-62.10. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approval of Change Order #3 in the amount of $21,433.75 and Final Payment in the amount of $106,829.75 to O'Connor o~/f~~ ~ect. ~r~ ~/~~ & Taylor, Inc., for completion i vel Department head signature: .~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable):. Budget Director Review (r,equ~ed on all ite~g~ex@enditure of funds): Funding available{'YES~O Funding alternative-~3f applicable): Account No. & Description 334-4125-572.62-10 Tennis Center; 334-3431-519.62-10 CityHall ACCOUnt Balance 334-3431-519.62-10-$21,435. oo Pending budget transfer; Envelop~ ~4-~z~-~z. 6z-~o-~,~. ~o City Manager Review: Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~..\9560~agreq303 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos~ Aguila, A.I.A. ~/~ Construction Manager Date: February 24, 1998 Subject: AGENDA REQUEST 03/03/98 City Hall Envelope Project Project No. 95-060 Attached is an Agenda Request for City Commission approval of Change Order number 3, in the amount of $21,433.75, and Final Payment in the amount of $106,829.75 to O'Connor and Taylor, Inc., for their completion of the City Hall Envelbpe Project. The project Contract was approved with $100,000.00 contingency allowance which was used in its entirety, plus an additional $21,433.75 which requires approval via Change Order number 3. I have attached a memorandum which describes each item totaling $121,433.75. With the approval of Change Order number 3, the Final Payment will be in the amount of $106,829.75. None of the cost shown in the listing of project changes and additions reflect damage to any part of the building as a consequence of water intrusion during the construction period. Any and all damage to the ceilings, walls, equipment or other surfaces were reimbursed to the City by the contractor at the time of repair or replacement. On February 3, 1998, the City received $27,720.00 from Florida Power and Light Company as an incentive award for the implementation of the Thermal Energy Storage System. These funds have been temporarily placed in Account Number 334-0000-366-57.00. These funds could be used to cover the cost of these additional items. Funding is available from the General Construction Fund Account number 334-3431-519-62.10. cc: Dick Hasko Agenda File 03/03/98 File 95-060 (A) s~..~9560~agmern303 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. Three (3} PROJECT NO. 95-060 DATE: February_ 10. 1998 PROJECT TITLE: City_ Hall Envelooe Pro!ect TO CONTRACTOR: O'Connor and Taylor. Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Provide all labor, material and ec~.ui_oment necessary_ for the im01ementation of all contract additions listed in attached exhibit'A'. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $1.923.399.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 230.001.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER ~;2.1~3.400.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 21.433.75 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $2.174.833.75 PER CENT INCREASE THIS CHANGE ORDER 1.11% TOTAL PER CENT INCREASE TO DATE 13.07 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE O CALENDAR DAYS TO 2/15/98 date CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the pdces quoted are Pair and reasonable and in proper ratio to the cost of the odginal work contracted for under benefit of competitive bidding. SIGNATURE (ARCHITECT) (~.,,.~:t.&~eal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 334-4145-572-63.90. DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: ENGINEER/DIRECTOR MAYOR ATTEST: APPROVED: By: CITY ATTORNEY CITY CLERK s:L..\9560~.o3 CITY HALL ENVELOPE PROJECT PROJECT #95-060 Project Expenses A/E=Architect/Engineer, C=City requested, UC=unforeseen condition NO. DESCRIPTION ~ AMOUNT CAUSE 1 Increase chiller slab $ 607.75 A/E 2 First floor hall carpet replacement $ 2,433.00 C,UC 3 Second floor hall carpet replacement $ 2,394.00 C 4 Add new doo[ @ Sr. Buyer $ 807.00 C 5 Chambers and staff room carpet replacement $ 5,251.00 C,UC 6 Community Improvement's office carpet replacement $ 1,614.00 C 7 Paint generator building $ 1,230.60 C 8 Finance Department ceiling tile replacement $ 6,195.00 A/E 9 Second floor, west wall column & glass replacement $ 5,008.40 UC 10 Wall texture repair $ 1,300.00 UC 11 Chamber west wall column cap modification $ 525.00 UC 12 Finance Department ceiling electrical extras $ 5,182.00 A/E 13 Finance Department ceiling HVAC extras $ 788.00 A/E 14 Finance Department ceiling fire protection extras $ 200.00 A/E 15 Exterior sheathing replacement $ 1,212.00 UC 16 Entry elevation modifications $ 7,681.00 C,A/E 17 Re-route chiller piping $ 2,785.00 UC 18 Split meter service (comm. ctr. & city hall) $ 8,211.00 C 19 Louver upgrade $ 3,500.00 C,A/E 20 Additional cabinets, copy room & reception $ 683.00 C 21 Electrical code corrections, Chambers HVAC $ 840.00 UC 22 Motor starters/heaters $ 3,447.00 A/E 23 Additional trusses $ 7,500.00 UC 24 Lounge storm panel $ 500.00 C 25 Additional disconnects & transformer $ 8,110.00 A/E, UC 26 Chiller disconnect $ 4,173.00 A/E 27 Outside lights & other electrical work $ 2,784.00 A/E 28 First floor hall door $ 500.00 A/E 29 Cavity wall waterproofing $ 1,175.00 AJE 30 Other misc. extras $ 5,250.00 A/E, UC,C 31 Relocate second floor windows $ 13,391.00 C 32 Landscaping upgrades $ 1,800.00 A/E, C 33 Chambers r0ofwork $ 2,956.00 UC 34 Additional shutter support $ 2,900.00 UC 35 Additional truss girders for wind load $ 8,500.00 UC Total Expenses $ 121,433.75 2/6/98 s:~..\9560\fundbal.xls ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos~ Aguila, A.I.A.(~ Construction Manager Date: February 24, 1998 Subject: City Hall Envelope Project Project No. 95-060 Attached is a listing of the items which represent an extra to the project as of this date. A brief explanation of each item follows. 1. The slab for the HVAC chiller was not designed to properly handle the weight of the chiller so the added cost covers the additional concrete and steel .......................................................................................... Cost 607.75 2. The first floor hall carpet had to be replaced after the pressure grouting of the foundations was completed. We had hoped to reuse the existing carpet but this was not possible ............................................. Cost 2,433.00 3. This covers the cost for replacement of the second floor carpet from the entry to the Finance Department to the City Clerk's office ..... Cost 2,394.00 4. This item covers the cost of adding a door between Kathy and Jackie's office in the Purchasing Department ......................................... Cost 807.00 5o This cost covers the removal and replacement of all the carpet areas in the Chambers and the staff sitting reom ................................ Cost 5,251.00 6. This item covers the replacement of the carpet in Lula's and Donna's office ...................................................................................... Cost 1,614.00 7. This item covers the cost of re-painting the existing generator building to match the new colors of City Hall ........................................... Cost 1,230.60 8. Due to the extent of damaged ceiling tile throughout the second floor of the building, we replaced all the tile in the Finance Department with a new tile, and used the existing (discontinued model) to replace the damaged ones in the rest of the second floor ........................................ Cost 6,195.00 9. Once the ceilings were exposed it was discovered that an "existing" beam which we were to tie into was not as per the original plans. Therefore, a revised column detail had to be prepared necessitating that all the existing glass and frames be removed and replaced with new ........... Cost 5,008.40 10o The contractor argues that the amount of wall repair was more than anticipated and has taken the position that had the original wall covering been applied properly, that so much repair would not have been required. After discussion, I agreed to split the total cost .................... Cost $1,300.00 11. Once the exterior soffit area on the west end of the Chambers was exposed, it became apparent that the detail prepared by the architect would not work. ^ revised detail was prepared and the contractor made the required changes ............................................................ Cost $525.00 12. The architect left out all information on the reflected ceiling plan for the Finance Department. This error caused some extras to the project in lighting and electrical items .................................................. Cost $5,182.00 13. This is the same as item 12, but represents AC concerns ........ Cost 788.00 14. This is the same as item 12, but represents fire sprinkler head relocation and adjustment ......................................................................... Cost 200.00 15. While performing the work on the exterior of the building, a section of plywood sheathing was exposed and found to be damaged from water intrusion. I requested that the contractor replace before finishing the stucco .................................................................................. Cost $1,212.00 16. This item covers cost to the revision we made to the entry area. It was anticipated that this would be a wash once the plaque credit was applied, however once the cost of additional framing was included, it became an extra to the project ............................................................... Cost $7,681.00 17. The new chilled water lines were to come up the building on the west side of the south stair. Once the work began, it became evident that there were several beams (some existing and some new) that were in conflict causing some change in layout ............................................ Cost $2,785.00 18. We discussed the need to provide separate FPL meters for City Hall and the Community Center ......................................................... Cost $8,211.00 19. The specified louver apparently is not water tight and I requested an upgrade to another manufacturer and model be utilized to insure that we do not get any water into the new roof or duct work ............ Cost $3,500.00 20. The Finance Department requested an additional cabinet in the Copy room, and behind the reception desk ..................................... Cost $ 683.00 21. During the course of the work, some existing code violations were encountered which required correction .................................. Cost $ 840.00 22. The new HVAC equipment was not designed to include the necessary heater starters which were required to make the system work properly. This cost covers the additional starters required ................. Cost $ 3,447.00 23. Even with all the attention given to the various elements affecting the roof design, several conflicts were encountered on the roof with respect to the truss design and coordination with both new and existing equipment. After several meetings, we agreed to split the costs ........... Cost $ 7,500.00 24. Due to repeated vandalism thru the downstairs lounge, we added a storm panel similar to the other ones on the building ....................... Cost $ 500.00 25. It was anticipated that the existing disconnects on the roof for the HVAC equipment would be re-used. It turned out that the wiring was inadequate and new disconnects and a transformer were required ...... Cost $ 8,110.00 26. The engineer indicated the chiller disconnect as an option, however the code requires this disconnect ............................................. Cost $ 4,173.00 27. The plans did not call for lighting at three exterior doors, as requested by the City. These lights are now included in the work ........... Cost $ 2,784.00 28. The architect called for an incorrect size of door along the first floor corridor, requiring the contractor to discard the purchased door and purchasing a new one ............................................................ Cost $ 500.00 29. The required cavity wall waterproofing was not specified correctly by the architect. This material provides a seal between the new and old building. We negotiated this number by using the proposed extra against the amount provided in the bid .................................................. Cost $1,175.00 30. A number of structural extras were incurred which are grouped in this category. Some are for unforeseen conditions, some were missed by the designers and some were added by the City. These include additional beams and footers .............................................................. Cost $ 5,250.00 31. This cost covers the relocation of seven second floor windows along the west wall of the building .................................................... Cost $13,391.00 32. Several landscaping upgrades were requested by the City to balance the design and general appearance of the building .................. Cost $1,800.00 33. The actual structure of the roof differed from the original plans requiring a change in attachment system ................................................ Cost $2,956.00 34. Due to the changes described in item 9 above, the planned shutter detail had to be modified. An additional steel angle had to be fabricated and welded in place prior to shutter attachment ........................ Cost $ 2,900.00 35. Once the final truss design was completed many more truss girders were required to meet the 155 MPH plus 15% wind loads expected in this project. This design being more restrictive than usual, and not detailed at bid time (usually done after bid by the truss manufacturer) the final cost of labor and material was negotiated ..................................... Cost $ 8,500.00 cc: Dick Hasko File 95-60 (A) s\.,.~9560\finalcst MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~ ~ SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF MARCH 3, 1998 RESOLUTION NO. 16-98 (DEDICATED BEACH FUNDING) DATE: FEBRUARY 27, 1998 This is before the Commission to approve a resolution in support of House Bill 3427 and Senate Bill 882 which provide a dedicated funding source for statewide beach management. This has specifically been requested by the Florida Shore & Beach Preservation Association. Kathy Daley also discussed the dedicated beach funding issue during her presentation on February 17th, and felt it would be helpful for the Commission to adopt a resolution in support of the proposed 1998 legislation. Recommend approval of Resolution No. 16-98. ref:agmemol2 RESOLUTION NO. 16-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE 1998 FLORIDA LEGISLATURE TO PASS HB 3427 AND SB 882 WHICH PROVIDE A DEDICATED FUNDING SOURCE FOR STATEWIDE BEACH MANAGEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach is a coastal community located in Palm Beach County on the southeast coast of Florida; and WHEREAS, beaches are Florida's number one tourist attraction, in 1996 generating $18.9 billion for the State's economy, 442,000 jobs, and more than $500 million in State sales and use taxes; and WHEREAS, Florida's beaches protect over $150 billion in upland coastal property against hurricane and storm waves, and healthy beaches can reduce damages to coastal development by as much as fifty percent (50%); and WHEREAS, the Florida Department of Environmental Protection estimates that more than 300 miles of Florida's beaches are experiencing a state of critical erosion; and WHEREAS, when legislation authorizing the State's beach management program was enacted in 1986, the Legislature declared an intent to "appropriate at least $35 million annually" to implement this program; and WHEREAS, appropriations over the past decade have fallen far short of the amount needed to repair the State's eroding beaches; and WHEREAS, legislation (designated HB 3427 and SB 882) has been introduced in the 1998 Legislature which provides for a stable, designated funding source for Florida's beach management program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission supports legislative efforts to provide a stable, long-term, dedicated funding strategy to protect, restore and enhance Florida's beaches, and urges the Legislature to pass into law HB 3247 and SB 882 as introduced. Section 2. That the City Clerk is hereby authorized and directed to furnish a copy of this resolution to our legislative delegation, the President of the Florida Senate, the Speaker of the Florida House of Representatives, and the Florida Shore & Beach Preservation Association. Section 3. That this resolution shall take effect immediately upon passage. PASSED MD ~OPTED in regular session on this the 3rd day of March, 1998. ATTEST: City Clerk 2 - Res. No. 16-98 ::-::-'~ F b y 16 1998 -:---.- .... e mar , '?:." -:' To: Coastal City M~ager/Colm~ A dm~Jstrators - ~-~_,,~ ~ From: St~ Tait, President Re: Co~ection on Resolution on Dedicated Beach F~d~g 2,-. ~ ~C~ ~2,~~'r', On Peb~r} 13, I sent ~ou a m~mo as~ ~o~ Bo~d o~Co~ssioners to Ausc~ gager~o ~,~-,,~ ~ass a re~olution suppo~g dedicated state ~d~g for beach projects. .c?~,,e~:~ %- So~ but I goofed. ~e s~ple resolution ~cluded with my memo failed to mention SB882, the companion bill, in ~o places. ~at needs to be co~ected _:~gzcc~ ~e. because the sponsor of SB882 is Senator Sulliv~, Chair of~e Senate Ways :ch sra,ger ~d Me~s Co~i~ee ~d it's important ~at he get ~I1 reco~ition for his ~4co~es leadership on ~is legislation. )/:~!~C~ Stronge ;%or'Po ~t'Or, t~c Ur,',ersffv Enclosed is a co~ected version of the reco~ended resolution which I hope J~m Tern, your co~ission will enact. P~r:e!~as Court'/ Jc~n Walker Detro~ Beach non-governmental EX OFFICIO Al Devereoux Rorido OEP ' Gecrge Strain Corps of Engineers Tom Campbeli Erik Otsen Allen Ten ~roe~ Sonibei ~siand Ur;r~ersit/cf printed on 100% recycled paper Resolution No. A RESOLUTION OF THE BOARD OF COMMiSSiO~iERS OF , FLORIDA, URGING THE 1998 FLORIDA LEGISLATURE TO PASS HB 3427 AND SB 882 WHICH PROVIDES A ~= ..... ~'~' ~ ~..~A~D F~D~N= SOURCE FOR STAUEW!DE BEACH MANAGEMENT; AND PROVIDING FOP. m::m~iVE DATE. WHEREAS, Beaches are Florida's nm~er one tourisn auuracmion, in 1996 generating $18.9 billion for the State's economy, 442,000 jobs, and more than $500 million in State sales and use taxes; and WHEREAS, Florida's beaches protect over $150 billion in upland coastal property against hurricane and storm waves, and healthy beaches can reduce damages to coastal development by as much as 50%; and, WHEREAS, The Florida DeparUment of Environmental Protection estimates that more than 300 miles of Florida's beaches are experiencing a state of critical erosion; and, WHEP. EAS, when legislation authorizing the State's beach management program was enacted in 1986, the Legislature declared an intent to "appropriate at least $35 million annually" to implement this program; and WHEREAS, appropriations over the past decade have fallen far short cf the amount needed ~o repair the State's ercding beaches; and WHEREAS, Legislation, designated HB 3427 and SB 882, has been introduced in the 1998 Legislature, which provides for a stable, designated funding source for Florida's Beach Managemen~ Program; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF , FLORIDA: SA>IPLE RESOLUTION - PAGE 2 Section 1. The Board supports legislative efforts to provide a stable, long-term, dedicated funding strategy to pro5ect, restore, and enhance Florida's beaches, and urges the Legislature to pass into law HB 3427 and SB 882 as introduced. Section 2. The Board authorizes and directs the to furnish copies of this Resolution to ~s State Legislative Delegation, the President of the Florida Senate, and the Speaker of the Florida House of Representatives. Section 3. EFFECTIVE DATE. This Resolution shall become effective upon adoption. ADOPTED this day of , 1998 CITY (IF DELRAV BEACH CITY ATTORNEY'S OFFICE ~'~'~ '~:'~ ~'~ '~""~'" ~-' ~"'~¥ ~'~' ~o~ ~.~ Writer's Direct Line: (561) 243-7~ D[[RAY B[ACH lll.l~dca Ci~ ~MO~~ 1993 TO: City Comission FROM: David N. Tolces, Assistant City Attorn~ SUBJECT: K-9 Sale and Hold Harmless Agreement - Phillip Dorfman - "Thor" German Shepherd The attached agreemem, if approved, will transfer ownership of Thor, a German Shepherd to Phillip Dorfman, a City police officer. Mr. Dorfman will be responsible for the care of Thor in the future. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Major Schroeder, Delray Beach Police Department Lanelda Gaskins, Legal Secretary/Police Legal Advisor's Office k-9.dnt K-9 SALE AND HOLD HARMLESS AGREEMENT THIS AGREEMENT entered into between the City of Delray Beach (hereinafter referred to as "CITY") and PHILLIP M. DORFMAN (hereinafter referred to as "DORFMAN") witnesseth that: WHEREAS, the City, through its Police Department is desirous of retiring and selling an animal currently being utilized in the City's K-9 program, said animal being identified as follows: "Thor" German Shepherd (hereinafter referred to as "Canine"); and, WHEREAS, DORFMAN, of 6088 Royal Birkdale Drive, Lake Worth, 33463 is desirous of purchasing, keeping, training, and assuming full responsibility for the Canine as a pet at his place of residence or other appropriate kennel facility. NOW, THEREFORE, for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The City does hereby sell canine to DORFMAN on an "as is" condition for One Dollars ($1.00) and other good and valuable consideration 2. DORFMAN shall henceforth be solely and completely responsible for said Canine, including but not limited to, providing for the care and maintenance (including all regular and extraordinary veterinary expenses) for the remainder of the Canine's life. 3. DORFMAN shall defend, indemnify and hold harmless the City, its agents, officers, officials and employees from any and all claims, suit, causes of action or any claim whatsoever made arising from property damage and/or personal, bodily or mental injury to a human or animal caused or allegedly caused by the actions of said Canine as a result of or following the date of this Agreement. 4. In any action brought to enforce any provision of this Agreement, the prevailing party shall be entitled to the relief sought plus all costs incurred and reasonable attorneys fees. 5. The Owner, by signing below, affirms that he has read and understands this Agreement and that he has been given the opportunity to have the attorney of his choice review this Agreement. THIS AGREEMENT made and entered into on this I C~~ day of , 1998. PHILILIP DoIbJbMAN, Owner STATE OF FLORID,O,, COUNTY OF ~ ~ The foregoing instrument was acknowledged before me this I t~ day of '~r¢~ , 1998 by'-'-Pk~l~'p ~¢.~,~ , who is personally k~"W"'~ to me or who I~as produced '"~6r~,~..~, ~ (type of identification) as identifica~~~~~~ ~e an oath. . ~'~ ~. ~ _'~. ~.. ~, ,, State of By: City of Delray Beach Mayor Jay Alperin ATTEST: City Clerk Approved as to form: City Attorney KgTHOR.IDOCS/AGRI~EMT L,^.O. 2/17/98 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'I SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 3, 1998 EMERGENCY SERVICES AGREEMENT WITH BOYNTON BEACH DATE: FEBRUARY 26, 1998 This is before the Commission to approve an Emergency Services Agreement for Mutual Assistance and Automatic Aid between the City of Boynton Beach and the City of Delray Beach. The agreement provides for Fire-Rescue Department mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal with unassisted or where a closest unit response is agreeable and in the public interest. The agreement has been reviewed and approved by the City Attorney's office. It is for a term of five years, expiring on September 30, 2002. No funding is required. Recommend approval of the Emergency Services Agreement with the City of Boynton Beach. ref:agmemo9 Agenda Item. No.: ~ AGENDA REQUEST Date: 2/24/98 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 3/3/98 .. Description of'item (who, what, wh~re, how much): Reqdest approval of Mutual Aid Agreement with the City of Boynton Beach for emergency .,services. (Example: .Request from Atlantic High School for $2,000 to fund project graduation).. ORDINANCE/~'RESOLUTION REQUIRED: YES~ Draft Attached: YE$/~ Recommendation: Recommend.approval, no funding required. (Example: RecOmmend. approval with funding from Special Events AccOunt No. 001-3333-555-44.55). Department Hea~ Signature= City Attorney Review/ Recommendation (if applicable): See memorandum attached 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 Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved [lTV OF OELRI:IV BEI:IEH FIRE DEPARTMENT SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH DELRAY BEACH lll.la~ioa ¢i~/ M E M O R A N D U M 1993 TO: DAVID T. HARDEN, CITY MANAGER FROM: ROBERT B. REHR, FIRE CHIEF DATE: FEBRUARY 24, 1998 SUBJECT: MUTUAL AID AGREEMENT - BOYNTON BEACH We are submitting this Agenda Request to update our Emergency Services Agreement with the City of Boynton Beach. After it is approved by the City Commission, it will have to be filed with the Clerk of the Circuit Court. Thank you for your attention in this matter. If you have any questions, please contact me. Fire Chief FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper W~ter's Direct L~: (S61) 243-7~ DELRAY BEACH AIl.~ca City ~MO~~ ' ll Z -- November 14, 1997 1993 TO: Jo~ Tomaszewski, Assistant Fire Chief FROM: David N. Tolces, Assistant.City A~om~ SUBIECT: Mutual Aid Agreement - Bovnton Beach I reviewed the change suggested by the Boymon Beach City Attorney's Office and f'md the additional paragraph to be acceptable. Please arrange for City 'Commission approval. If you have any questions, please call. DNT:smk Boynton Beach ~. ....~ 100 E. Boynton Beach Boulevard  P.o. Box310 Boynton Beach, Florida 33425-0310 City Hall: (561) 375-6000 FAX: (561) 375-6090 February 10, 1998 Mr. John Tomaszewski Asst. Fire Chief City of Delray Beach 501 W. Atlantic Avenue Delray Beach, FL 33444 RE: RESOLUTION #R98-23 AND SIGNED AGREEMENT Dear Mr. Tomaszewski: Attached please find two original partially signed agreements and a copy of the above mentioned resolution which was approved at the City Commission meeting held on February 3, 1998. Please return to me one completely signed original agreement for our Central Files. Thank you. If you have any questions concerning this, please contact this office. Sincerely, THE CITY OF BOYNTON BEACH Sue Kruse, CMC/AAE City Clerk ]mas s~cc\wp\ltr America's Gateway to the Gulfstream RESOLUTION NO. R98-.,~,.~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT FOR EMERGENCY SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF DELRAY BEACH, PROVIDING FOR MUTUAL ASSISTANCE AND AUTOMATIC AID, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue Department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal with unassisted or where a closest unit response is agreeable and in the public interest; and WHEREAS, Section 163.01, Flodda Statutes authorizes local governments to cooperate with other localities on the basis of mutual advantage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute an Interlocal Agreement for Emergency Services between the City of Boynton Beach and the City of Delray Beach, providing for mutual assistance and automatic aid, said Agreement being attached hereto as Exhibit "A". ~ This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ,.~ day of February, 1998. CITY OF BOYNTON BEACH, FLORIDA Vi~yor Commissionor EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN THE CITY OF DELRAY BEACH AND THE CITY OF BOYNTON BEACH THIS AGREEMENT is made and entered into this __ day of ,1997, by and begwe~ The City of Delray Beach, a Florida municipal corporation, by and through its City Commission and tho City of Boynton Beach, a Florida municipal corporation. WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue Department with fire rescue equipment, fire fighting personnel, emergency medical equipmem, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in times of emergency where the need created may he too great for either party to deal with unassisted or where a closest unit response is agreeable and in the public interest; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida lnterloeal Cooperation Act of 1969', authorizes local governments to make thc most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW, THEREFORE, it is agreed by and between thc parties that each will render mutual assistance and automatic aid to the other under the following stipulations, provisions and conditions: Section 1. Request for Aid/Assistance: Emergency mutual assistanceJantomati¢ aid will he given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. The party requc~ing aid and/or assistance shall provide the following information at the time the request is made: a. The general nature, type and location of the emergency; and b. The type and quantity of equipment and/or personnel needed; and ¢. The name and rank of th~ person making the request. AH requests shall be directed through the respective parties' emergency communications center. The following officials of the participating parties are authorized to request aid and assistance under this Agregment: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Section 2. Representative and Contract Monitor: Thc City of Delray Beach's representative and contract monitor during the performance of this Agreement shall he the Assistant Chief of Operations, whose telephone number is :561-243-7400. The City of Boynton Beach's representative and contract monitor during the performance of this agreement shall he the 13~puty Chief of Administration, whose telephone number is 561-375-6333. 2 Section 3. Command Authority: In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel responding to the call will remain under the command of their own officers at all times. Each party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of Each party authorizes its Fire Chief to meet with the otJ~r party's Fire Chief and develop automatic aid plans and procedures, including areas to be serviced and type and/or level of response, when the Fire Chiefs have determined that improved response times or other forms of efficiency within their respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. Section 4. Ability to Respond: Each party may refuse to respond to a request for aid/assistance in the event it does not have the required equipment available or if, in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction. Section 5. Employee Functions: No employee of either party to this Agreement shall perform any function or service which is not within the employee's scope of duties as defined or determined by his employer. Section 6. Employee Claims, Benefits, etc.: No employee, officer, or agent of either party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they axe employed. No employee of either party shall be deemed the employee of the other, for any purpnse, during the performance of services hereunder. Section 7. No A~sumptlun of Liability: Neither party to this Agreement nor their respective officers or employees shall be d~med to have assumed any liability for the negligent or wrongful acts or omissi°ns of the other. Further, nothing herein shall be construed as a waiver of sovereign immunity. Section 8. Liability for Injury: All the privileges and immunities from liability, exemptions from law, ordinance and rules, and ali pensions and relief, disability, workers compensation and other benefits which apply to the activity of the officers or employees of either party when performing their respective functions, within the territorial limits for their respective agencies, shall apply to the same degree and extent to tbe performance of such functions and duties extraterritorially. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such oquipment. Section 9. Remuneration: The cost of gasoline and other normal supplies used for mutual assistance/automatic aid purposes shall be the responsibility of the party using such supplies, except that certain expo~lable supplies including, but not limited W, foam, hazmm suits, containment barrels, or other specialty products will be replaced by the agency requesting assistance, at the sole discretion of the agency rendering aid or assistance. The parties further agree that the agency rendering md/assistance may request reimbursement for any ~mditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident. All compensation for personnel shall be borne by the employing party. All cost of mainte~mce and upkeep of equipment shall be borne by the party owning or possessing the equipn~nt. Section 10. Effective Date and Term: This Agreement shall take effect upon execution by both parties and shall remain in full force and effect for a period of no less than five (5) years, expiring on September 30, 2002, unless sooner terminated as provided herein. Section 11. Notice of Termination: Either party to this Agreement may, upon sixty (60) days prior written notice to the other, terminate this Agreement for any reason or for no reason at all. Section 12. Capital Improvement Plans: Both parties to this Agreement, on an annual basis, shall ~xchange Capital Improvement Plans indicating projected locations and anticipated time frames for construction of future fire stations within their respective jurisdictions and/or service areas. It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals. Section 13. Assignment of Rights: Neither party shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations without the prior written consent of the other. Section 14. Modification and Amendment: No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with tl~ same formality and equality of dignity herewith. Section 15. Entirety of Agreement: This Agreement represents the entire understanding of the parties and supersedes ali other negotiations, represenaUions, or agreements, either written or oral, relating to this Agreement. This agreement is separate and distinct from the Fire-Rescue Interlocai Emergency Services ~ for Govermnental Agencies in Palm Beach County. Section 16. Equal Opportunity: Each party represents that it will not practice discrimination as it relates to the performan~ of this agreement on the basis of race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. 4 Section 17. Annual Appropriations: Each party's performance and obligation under this Ag, resonant is contingent upon on annual budgetary appropriations by its respective governing body for the purposes hereunder. Section 18. Remedies: This agreement shall be construed by and governed by the laws of the State of Florida. Any and ali legal action necessary to enforce the Agreement will be held in Palm Beach County. Section 19. Records: F.~ch party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least three (3) years. Section 20. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the pa~ties than the other. Section 21. Notice of Suits: Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance provided by the other party. Each party will cooperate when appropriate and where possible with the other in the defense of any lawsuit, action, or legal proceeding arising out of, or related to, the aid or assistance rendered under this Agreement. Each party shall be responsible for its own legal costs and expenses. Section 22. Notices: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to The City of Delray Beach shall be mailed to: Fire Chief Delray Beach Fire Department 501 West Atlantic Avenue Delray Beach, FL 33444 and ffsent to the City of Boynton Beach shall be mailed to: Fire Chief Boymon Beach Fire Rescue 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Each party may change its address upon notice to the other. Section 23. Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 24. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. 5 IN WITNESS WHEREOF, the undersigned parties have Caused these presents to be signed by their duly authorized officers on the day and year firs~ written above. ATI3EST: CITY OF BOYNTON BEACH, FLORIDA, BY 1T CITY COMMISSION Sue Kruse Gerald Taylor City Clerk Mayor APPROVED AS TO FORM AND ~- ^q ~-v~v O LEGAL SUFFICIENCY ~-~,~..~' ~ ~4'<~:'" ~o(~ ".. ~ ~ Michael $. Pawelczyk Assistant City Attorney ATTEST: CITY OF DELRAY BEACH, FLORIDA, BY ITS CITY COMMISSION By: By: Allison Harty Jay Alperin, Mayor City Clerk (SEAL) APPROVED AS TO FORM AND LEGAL SUFHCIENCY David Tol~s Assistant City Attorney s:\winword~numid MEMOPJtNDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~'~ SUBJECT: AGENDA ITEM # ~'J' - MEETING OF MARCH 3, 1998 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: FEBRUARY 27, 1998 Attached is the Report of Appealable Land Use Items for the period February 17, 1998 through February 27, 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. TO: DAVID T. HARDEN, CITY MANAGER THRU:lNG FROM: SUBJECT: MEETING OF MARCH 3, 1998 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 17, 1998 THRU FEBRUARY 27, 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 February 17, 1998 through February 27, 1998. This is the method of informing the City Commission of 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 City 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. City Commission Documentation Appealable Items Meeting of March 3, 1998 Page 2 No appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for final action. Recommended approval on a 4 to 2 vote (Bird and Young dissenting, Carbone absent) the adoption of the Seacrest/Del-lda Park Neighborhood Plan. · Recommended approval with conditions on a 6 to 0 vote the conditional use request to allow the establishment of the Sundy Inn, a residential type inn with outdoor dining facilities to be located on the south side of S.W. 1st Street, between Swinton Avenue and S.W. 1st Avenue with an accessory parking lot, located at the northeast corner of S.W. 1st Avenue and S.W. 1st Street. · Recommended approval (5 to 1, McCarthy dissenting), of an amendment to the Land Development Regulations Section 4.4.13 CBD (Central Business District) to make second hand sales other than verifiable antiques a conditional use on N.E. 2nd Avenue (Pineapple Grove Way). A. Approved on a 7 to 0 vote, a request for a color change at Orange Royal, an existing farmers market located on the west side of South Federal Highway, north of the C-15 Canal. B. Approved (7 to 0), a request for a color change at the Leviathan Building, located at the northeast corner of East Atlantic Avenue and N.E. 2nd Avenue (Pineapple Grove Way). C. Approved with conditions (7 to 0), a major site plan modification (Class IV), landscape plan and architectural elevation plan associated with the conversion of an existing commercial building to a church, Berea Evangelical Missionary Church, located at the northwest corner of South Swinton Avenue and S.W. 8th Street. Concurrently, the Board approved a reduction in the perimeter landscape areas along the west and north property lines from 10' to 5' and from 15' to 5' respectively. D. Approved with conditions (7 to 0), a site plan modification (Class III), landscape plan and architectural elevation plan associated with the installation of a modular office building at Morse Cadillac, located on the west side of South Federal Highway, 1,800 feet south of Linton Boulevard. City Commission Documentation Appealable Items Meeting of March 3, 1998 Page 3 E. Approved (7 to 0), the architectural elevation plan associated with the removal of an existing modular office building and installation of a new modular office building at Sherwood Pontiac, located on the west side of South Federal Highway, approximately 300 feet north of Fladell's Way (Avenue F). The associated site plan changes have been approved as a non-impacting site plan modification. 1. Approved (6 to 0), the request for a Certificate of Appropriateness to allow a two story addition for a contributing single family residence located at 238 S.E. 7th Avenue. In separate action the Board granted a variance to allow the side setback (north) to be reduced from 10' to 9'. 2. Tabled on a 6 to 0 vote the request for a Certificate of Appropriateness to allow a roof patio addition at 325 S.E. 7th Avenue. In separate action the Board granted a variance to allow the patio addition to be constructed 7.5' from the south property line where a 10' setback is required. 3. Approved (6 to 0), the request for a Certificate of Appropriateness to allow a porch enclosure for a contributing single family residence located at 1104 Nassau Street. 4. Approved with conditions (6 to 0), the request for a Certificate of Appropriateness (design elements and site layout) to allow the th construction of a single family residence at 327 S.E. 7 Avenue, 5. Approved (5 to 0, Turner abstained), a minor site plan modification to allow a handicap ramp to be relocated from the rear of the property to the front of the property at The Rectory, located on the west side of Swinton Avenue, south of Atlantic Avenue. 6. Approved (6 to 0), the request for a Certificate of Appropriateness associated with the replacement of windows for the contributing single family residence at 241 Royal Court. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CULr S,REA. BLW. CITY COMMISSION MEETING OF MARCH 3, 1998 L-,30 CANAL LAKE IDA ROAD N.W. ';'NC S.W. 2ND LOWSON BOULEVARD UNION BOULEVARD  BOULEVARD ! L ..... J L-3B CANAL C-15 CANAL c,~ L,M~TS ........... S.P.R.A.B.: H.P.B.: A. - ORANGE ROYAL 1, - 2,.38 S.E, 7TH AVENUE B. - LEVIATHAN BUILDING 2. - ,325 S.E. 7TH AVENUE I MILE I C. -- BEREA EVANGELICAL CHURCH 3. - 1104 NASSAU STREET J D. - ED MORSE CADILLAC 4. - ,527 S.E. 7TN AVENUE SCALE E. - SHERWOOD PONTIAC USED CAR SALES 5. - THE RECTORY 6. - 241 ROYAL COURT N CITY OF DELRAY BE. ACH, FL PLANNING & ZONING DEPARTMENT -- DIG/I',41. ~.~E I~P SYST£1~ -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lVlg2XlAGER~ SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF MARCH 3, 1998 AWARD OF BIDS AND CONTRACTS DATE: FEBRUARY 27, 1998 This is before the City Commission to approve the award of the following bids and contracts: 1. Bid award in the amount of $56,710.00 to Eagle Tank Technology and Renovation Corporation for painting the elevated water storage tank at the Environmental Services Department compound, with funding from Water & Sewer Renewal and Replacement - Elevated Tank Rehabilitation (Account #442-5178-536-61.79). 2. Bid awards for replacement of City vehicles from various vendors under State of Florida contract as specified in Attachment "B", Florida Sheriff's Association contract as specified in Attachment "C", and local bids as specified in Attachment "D". Funding is from City Garage Account #501-3312-591-64.20 in the amount of $465,687. Recommend approval of the bid and contract awards listed above. ref:agmemo8 AGENDA REQUEST Date: February 23, 1998 Request to be placed on: X Regular Agenda __ Special Agenda __Workshop Agenda When: March 3, 1998 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for the 0.5 MG Elevated Tank Rehabilitation (PN 96-14). The work generally consists of the painting of the Elevated Water Storage Tank at the ESD compound. The lowest responsible, responsive bidder for this project is Eagle Tank Technology and Renovation Corporation with a bid of $56,710.00. Staff requests the award of the Contract for this work to Eagle Tank. Funding Source is from R&R Acct# 442-5178-536-61.79 (Rehab Elev Tank). ORDINANCE/RESOLUTION REQUIRED: YES/~ DRAFT ATTACHED YES~ Reco--ndation: Staff Recomm~s~a~val o,~ntract award to Ea~~nk Determination of Consistency with Comprehensive Plan: City Attorney Review/Recczm~endation (if applicable): Funding available: Funding alternatives'---' ~(if applicable)_ Account No. & D~cription,~-,~/~--5~& Account Balance~//~ ~ ~j ~ ~/Q~/~ i~.D_ ' ' ' Cit~Manager Review: Approved for agenda: ~/NO Hold Until: Agenda Coord/nator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9612.doc City Of Delray Beach · Department of Environmental Services MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: HOWARD WIGHT, DEP DIR CONSTRUCx~ DATE: FEBRUARY 25, 1998 SUBJECT: .5 MG Elevated Tank Rehabilitation Project No. 96-014 Attached for Commission approval is an agenda request for the 0.5 MG Elevated Tank Rehabilitation (PN 96-14). The work generally consists of the painting of the Elevated Water Storage Tank at the ESD compound. Specifically it includes surface preparation, recoating the tank, repainting the City logo and renovation of the liquid level indicator. Engineers estimate for the project was $80,000.00. Four bids were received for this project on February 11,1998. They were: Eagle Tank Technology and Renovation Corp $ 56,710.00 George Kountoupes Painting Co. $ 78,010.00 Atlantic Painting and Sandblasting $109,010.00 Frank Shelton, Inc. $175,000.00 The lowest responsible, responsive bidder for this project is Eagle Tank Technology and Renovation Corporation with a bid of $56,710.00. Fundin~l Source Account Number Amount Water & Sewer R & R (Rehab Elev Tank) 442-5178-536-61.79 $56,710.00 Our consultant for the project, Dan Coleman, with AST Inspection Services, has reviewed scope with Eagle Tank and is recommending award of the project to them (see attached). Staff concurs with his recommendation. Attachment cc: Richard Hasko, P.E., Director of Environmental Services Don Haley, Supt. of Water Treatment Plant ~'~'-'--'- ~--, ~~ AST Inspection Services, Inc- 2-23-98 City of Delray Beach 43¢ $. Sw~nton Delray 8each, Florida 33444 A~tn. Mr. Howard Wigh: Dear Mr. Wight, I have reviewed the bid proposal of Eagle Tank Technology and RenOvation Corporation. I also talked to Mr. Randall Ginzig about the project. I reconend acceptance of the proposal for painting of ~e Elevated wate~ Tank. S inperely, Daniel E. Coleman Bidder will complet~ the Work for the following prices: SCI-IEDULE OF BID PRICES EXTENDED ITEM EST. UNIT DESCRIPTION UNIT UNIT PRICE (in words) TOTAL NO. QTY. PRICE PRICE 1 Surface preparation, materials, application and recoating the exterior of the Dollars Cents 2 Renovate liquid level indicator, including replacing the float cable and replacing the cable pulleys. New cable, pulleys and cable clamps shall be 316 stainless steel. LS 1 '~tc'/'~.~/~. Dollars Cents 3 Indemnification LS 1 Ten $ 10.00 $ 10.00 Dollars No Cents Total Evaluated Bid $ j~/V/0 Bid Items 1 Through 3 (in numbers) Bid Items 1 Through 3 (in words) ~o11~ P-3.1 INFORMATION REQU]RED OF BIDDER BIDDER'S GENERAL INFORMATION: Bidder shall furnish the following information. Failure to comply with this requirement will render Bid non-responsive and may cause its rejection. Additional sheets shalI be attached as required. (I) CONTRACTOR'S name and address: ,/ /Io3o , (2) CONTRACTOR'S telephone number: (/~/"q) 75 7' o ~ (3) Number of years as a CONTRACTOR in this type of work: (4) Names and tires of all officers of CONTRACTOR'S firm: ! (5) Name, address, and telephone number of surety company and agent who wq. ll provide the required bonds on this contract: (6) Principal Materials Manufactures and Subcontractors. by the hereinafter stated CONTRACTOR who and shown on the Drawings. The Bid Proposal shown on the' culated and tabulated using basic material prices. P-12 QUESTIONNAIRE The undersigned guarantees the troth and accuracy of all statements and answers herein con- tained. 1. How many years has your organization been in business in the State of Flor/da as a Con- tractor? 2. What is the last project of this nature that you have completed? 3. Have you ever failed to complete work awarded to you: If so where and why? 4. Name three individuals or corporations for which you have performed work and to which you refer? 5. List ~e follo~g go=ation conce=g fll con=acs on h~d ~ of ~e date of sub~s- sion of ~s propose. On c~e of co-venUe, list ~e ~o~ation of fll co-ven~ers). TOTAL CONTRACTED % OF CONTRACT DATE/OF COMPLETION PROJECT NAME OWNER VALUE ~ TO DATE (Continue list on ~e~ sheet, ifnecess~) P-14 6. Have you personally inspected the proposed work and have you a complete plan for its performance? 7. Will you sublet any part of this work? If so, give details. 8. What equipment do you own that is available for the work? (Attach additional sheets as necessary) 9. What equipment will you purchase for the proposed work? 10. What equipment will you rent for the proposed work? ,.,,fi~ ,<z/cT Ifou State ~e ~e, exact, co~ect ~d complete nme of ~e p~ers~p, co~omtion or ~ade nme ~der w~ch you do b~ess ~d ~e address of ~e place of b~ess. ~f a co~oration, state ~e nme of ~e President ~d Secret. If a p~ershp, rote ~e ~es of ~1 p~ers. If a ~ade nme, state ~e nines of ~e b~ess ~der ~e ~ade ~e. It is absolmely necess~ ~at ~s ~o~ation be ~shed). Co~ect N~e of Bidder a) ~e b~ess is a (Sole Propfietom~p)~ers~p) (Co~omtion) b) ~e ad.ess ofp~cip~ place ofb~ess is P-15 CITY OF DELRR¥ BERgH DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/'243-7000 AII-AmericaCity ~1'0: David T. Harden, City Manager 1993 FROM: Robert A. Barcinski, Assistant City Manager ( DATE: February 26, ! 998 SUBJECT: CONSENT AGENDA ITEMS # CITY COMMISSION MEETING MARCH 3, 1998 BID AWARD - REPLACEMENT VEHICLES Action City Commission is requested to approve bid awards for replacement of City vehicles per staff recommendation. Background City vehicle replacements are requested on an annual basis due to age, mileage, repair costs, or a combination of the above. Attachment "A" is a partial list of the vehicles being recommended for replacement this year. Recommendation Staff recommends various bid awards from State of Florida Contract, as specified in Attachment "B" and from the Florida Sheriffs Association Contract, as specified in Attachment "C". These unit costs include various options and extended warranties on all vehicles. Not included are some option items that we will acquire from other vendors {i.e., utility bodies and hoists.) Staff recommends various bid awards from local bids, as specified in Attachment "D". Funding is available from City Garage Account #501-3312-591-64.20 in the amount of $465,687. Attachments c: Richard Overman David Junghans Hoyt Owens File:u:sweeney/agenda Doc:022698a.doc THE EFFORT ALWAYS MATTERS PrJnted on Recycled Paf3er City of Delray Beach Proposed Vehicle Replacement List FY 97-98 Attactunent "A" 2 1200 IPolice D2 FORD Crown Vic 14 Door Sedan 1992 111,154 3 1201 Police D2 FORD Crown Vic'4 Door Sedan 1992 129,000 4 1202 Police D2 FORD Crown Vic 4 Door Sedan 1992 99,158 5 1203 Police D2 FORD Crown Vic 4 Door Sedan 1992 1 '10,155 6 1205 Police D1 FORD Crown Vic 4 Door Sedan 1992 120,374 7 1206 Police D2 FORD Crown Vic 4 Door Sedan 1992 142,085 8 1207 Police D3 FORD Crown Vic 4 Door Sedan 1992 116,435 9 1208 Police D1 FORD Crown Vic 4 Door Sedan 1992 129,498 10 1015 Police D2 YAMAHA Golf Cart 1990 N/A 11 737 Beach Patrol H~)nda 4Trac 300 ATV 1994 N/A 12 1421 PATROL D1 YAMAHA G14A Golf Cart 1994 N/A 13 779 Parks & Rec Maint FORD F-250 Contractor Dump 1984 54,163 14 8803 Fire FORD Crown Vic 4 Door Sedan 1988 110,000 16 397 Code Enforcement FORD Escort 4 Door Sedan 1989 52,460 17 690 Water Treatment ALLIS-CHALMERS Forklift 1965 N/A 18 408 Water Dist FORD F-350 15,000 w/Crane 1984 130,087 19 1815 Police Inv. K-9 DODGE 150 1/2 Ton Pickup 1988 103,316 20 226 Utility Billing GMC S-15 1/2 Ton Pickup 1987 110,934 21 724 Pompey Park FORD E-350 Passenger Van 1988 72,300 24 1309 Police D1 FORD Crown Vic 4 Door Sedan 1993 78,972 25 1310 I Police D2 FORD Crown Vic 4 Door Sedan 1993 78,662 26 1211 IPolice D1 K-9 DODGE 150 Lar~]e Utility 4x2 1992 78,250 27 1311 !Police D1 FORD Crown Vic ' 4 Door Sedan 1993 90,791 City of Delray Beach Proposed Vehicle Replacement List FY 97-98 Attachment "B" State of Florida Vehicle Contract 2 Garber Ford Mercury 1998 Ford Crown Vic Large 4dr Sdn 070-100-400 $24,657 $24,657 3 Gad)er Ford Mercury 1998 Ford Crown Vic Lar~le 4dr Sdn 070-100-400 $24,657 $49,314 4 Garber Ford Mercury 1998 Ford Crown Vic Large 4dr Sdn 070-100-400 $24,657 $73,971 5 Garber Ford Mercury 1998 Ford Crown Vic Large 4dr Sdn 070-100-400 $24,657 $98,6'28 6 Garber Ford Mercury 1998 Ford Crown Vic Large 4dr Sdn 070-100-400 $24,657 $123,265 7 Garber Ford Mercury 1998 Ford Crown Vic Large 4dr Sdn 070-100-400 $24,657 $147,942 8 Gather Ford Mercury 1998 Ford Crown Vic Large 4dr Sdn 070-100-400 $24,657 $172,599 9 Garber Ford Mercury 1998 Ford Crown Vic Large 4dr Sdn 070-100-400 $24,657 $t 97,256 13 Ed Morse Chevy North 1998 Chevy C2r'-'-'-'-'-'-'-'-300 3/4 Ton P/U 070-500-425 $22,291 $219,547 14 Ed Morse Chevy North 1998 Chevy Chevy Exp Van 12 Pass Van 070-300-414 $20,282 $239,829 16 Maroone Chevrolet 1998 Chevy S-10 Compact Pickup Trk (4x2) 070-500-140 $11,986 $251,815 17 National Lift Truck 1998 National GC030BF Forklift 560-650-250 $13,0cJ6 $264,911 18 Kaiser Buick Pontiac 1998 GMC C-3500 1 Ton Chassis\cab 070-600-010 $25,027 $289,938 20 Maroone Chevrolet 1998 Chevy S-10 Compact Pickup Trk (4x'2) 070-500-140 $11,986 $301,924 27 Garber Ford Mercury 1998 Ford Crown Vic Large 4dr Sdn 070-100-400 $24,657 $326,581 Page City of Delray Beach Proposed Vehicle Replacement List FY 97-98 Attachment "C" Florida Sheriff's Contract 19 Duval Ford 1998 Ford Explorer Mid Size Util 4x4 ,FSA spec #12 $27,876 $27,876 21 Don Reid Ford 1998 Ford E-350 15 Pass Van FSA Spec #18 $21,379 $49,255 24 World Ford 1998 Ford Explorer Mid Si~,e Util 4)(2 FSA Spec #12 $24;478 $73,733 25 World Ford 1998 Ford Explorer Mid Size Util 4x2 FSA Spec #12 $24,478 $98,211 26 !Duval Ford 1998 Ford Explorer Mid Size Util 4x4 FSA Spec #12 $27,876 $126,087 Page 1 City of Delray Beach Proposed Vehicle Replacement Lis! FY 97-98 Attachment "D" Local Bids 10 Club Car In¢ .1998 Club Car DS Gas Golf Cart BID $4,000 $4,000 11 Delra¥ Kawasaki 1998 Kawasaki KVF 400 A2 ATV 4x4 BID $5,019 $9,019 12'Club Car Inc 1998 Club Car DS Gas Golf Cart BID $4,000 $13,019 Page 1 THRU: DIANE DOMINGUEZ, PLANNING AND ZONING ~../ FROM: JEFFREY A. COSTELLO, SENIOR PLANNER"~F~~i~ ~~~~FI SUBJECT: MEETING OF MARCH 3, '1998 CONDITIONAL USE REQUEST TO ESTABLISH A RESIDENTIAL TYPE INN AND OUTDOOR DINING AREAS FOR SUNDY INN. The subject property is located on the south side of S.W. 1st Street, between S. Swinton Avenue and S.W. 1st Avenue, with an off-site parking area at the northeast corner of S.W. 1st Street and S.W. 1st Avenue. The development proposal includes the establishment of a 23- guest room residential type inn, a restaurant with outdoor dining, and associated parking. A detailed description of the development proposal, additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. The Planning and Zoning Board considered the request at a public hearing on February 23, 1998. There was no public testimony regarding the proposal. Staff had concerns with the proposed location of a proposed new dining room and the driveway location at the northeast corner of the site. The applicant requested that these issues be deferred to the Historic Preservation Board which will take action on the site plan submittal. The applicant also requested modification of staff's recommendation regarding the percentage of rooms that would be suites. After discussing the proposal, the Board voted 6-0 (Carbone absent) to recommend to the City Commission approval of the Conditional Use request for the Sundy Inn (residential type inn and outdoor dining area) based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. Submission of a full site plan application to be processed pursuant to Section 2.4.3 of the Land Development Regulations; 2. That the outdoor dining area at the northeast corner of the site close by 11:00 P.M.; 3. The floor plan for the first floor suite in the proposed 8-unit structure must be redesigned to eliminate the potential for 2 leasable guest rooms; and, 4. That at least 40% of the guest units be suites. By motion, approve the Conditional Use request for the Sundy Inn based upon to the findings and conditions as recommended by the Planning and Zoning Board. Attachment: P & Z Staff Report and Documentation of February 23, 1998 '"' ~'1 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: February 23, 1998 AGENDA ITEM: VkB. ITEM: Conditional Use Request to Allow the Establishment of the Sundy Inn, a Residential Type Inn with Outdoor Dining Facilities to be Located on the South Side of S.W. 1st Street, Between Swinton Avenue and S.W. 1st Avenue with an Accessory Parking Lot, Located at the Northeast Corner of S.W. 1st Street and S.W. 1st Avenue. GENERAL DATA: Owner ............................... Nauplius Limited & Yoyodyne M.S., Inc. Applicants/Agents ............. Filip Rady and John Szerdi Location ............................ South side of S.W. 1st Street, ,.w. between Swinton Avenue & S.W. 1st Avenue, and northeast corner of COMMUNITY C£N TER S.W. 1st Street & S.W. 1st Avenue. Property Size .................... 1.88 Acres ~NN~S Future Land Use Map ....... Mixed Use ST,~D~UM Current Zoning .................. OSSHAD (Old School Square A T L A N T I C Historic Arts District) Adjacent Zoning ....... North: OSSHAD cSoOuU~TT~ East: OSSHAD South: OSSHAD West: RM (Medium Density Residential) & CF (Community Facilities)' Existing Land Use ............. Anunit8-unit apartment apartment building,bUilding'a single a 4- -family home, and a 2,447 sq.ft. office building (previously used as a~ ~ - restaurant). --~-- I- Proposed Land Use .......... Establishment of a 23-unit residential type inn (conversion of S.W. 2ND ST. S.£. 2ND ST, the existing residential buildings and ~~'~~~~ I construction of an 8-unit guest z building) and outdoor dining areas associated with a restaurant, along with the installation of associated parking (on and off site), a service courtyard area, a pond, and a swimming pool. Water Service ................... Existing on-site. Sewer Service ................... Existing on-site. The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request and attendant sketch plan to establish a residential type inn and outdoor dining areas for Sundy Inn. The subject property is located on the south side of S.W. Ist Street, between S. Swinton Avenue and S.W. 1st Avenue, with an off-site parking area at the northeast corner of S.W. 1st Street and S.W. 1~t Avenue, within the Old School Square Historic District. The subject property consists of a Lots 1-3, Sundy Estates Plat (1.435 acres), and Lots 9 and 10, Block 61, Town of Linton (0.45 acres), totaling 1.88 acres. The Sundy Estates property contains the following: an existing 2,447 sq.ft, office building (Sundy House) with an 1,834 sq.ft, patio and deck area previously used for outdoor dining and a 475 sq.ft, garage; an 8-unit apartment building; a single family home; and, a 4-unit apartment building along with two mulch parking lots totaling 45 spaces (24-space and 21-space) and associated landscaping. The structures associated with the Sundy Estates property are historically significant with the Sundy House constructed in 1902 (designated on the National Register for Historic Places), the garage c. 1933, the 8-unit Sundy Apartments in 1947, the single family house and 4-unit apartment building constructed in 1925. The two single family residences and guest cottage on Lots 9 and 10 are also historically significant as they were constructed in 1940. The land use history as it pertains to the Sundy Estates property is as follows: With the adoption of the City's Comprehensive Plan and Future Land Use Map in November 1989, the Future Land Use Map designation for the property was changed from MF-6 (Multiple Family - 6 du/ac) to Mixed Use. With the Citywide rezoning and adoption of the Land Development Regulations in October, 1990, the property was rezoned from RO (Residential Office District) to OSSHAD (Old School Square Historic Arts District). On February 20, 1991, the Historic Preservation Board granted site plan approval for conversion of the Sundy House to an Antique Shop. The site plan approval included construction of unimproved north/south alley which bisected the block and back-out parking onto the alley. As the Sundy House project commenced construction, thought was given to moving the approved parking area westerly so as to not have to relocate power poles and to provide additional space between the building and the parking area. On June 19, 1991, a request to abandon the alleyway was before the HPB. At that meeting, the HPB recommended to the Planning and Zoning Board that the alley abandonment be subject to the condition that the master site plan be submitted which would accommodate access (for parking purposes) for the lots adjacent to the alley. P & Z Board Staff Report Sundy Inn - Conditional Use Approval Page 2 During construction, the owner decided to provide additional site features south of the Sundy House. These were accommodated through a site plan modification which was before the HPB on August 14, 1991. The improvements included: a deck with a covered canopy; a patio area; a gazebo; and, relocation of the fire escape. The deck, patio and gazebo were specifically approved as passive use areas as while there was discussion of an outdoor dining use, that use was neither allowed within the zone district nor specifically a part of the site plan modification application. On September 23, 1991, the Historic Preservation Board approved the composite site plan for the Sundy House, which included establishing a cafe/restaurant at the Sundy House; installation of on-site parking for the Sundy Apartments involving joint use of the common parking area between the Sundy House and the Sundy apartments; and, other changes to the Sundy House portion of the site (i.e. refrigeration unit, landscaping, parking and sidewalk modifications). At its meeting of October 8, 1991, the City Commission denied the applicant's appeal of the HPB's action requiring dedication of 5' of right-of-way along S.W. 1st Avenue. At its meeting of January 15, 1992, the Historic Preservation Board approved a variance to allow the installation of a 24-space mulch surface parking lot between the Sundy House and the apartments. At its meeting of February 19, 1992, the Historic Preservation Board approved the site plan and associated variance for Sundy Parking Lot #3, to construct a 21-space mulch parking lot located at the southwest corner of the Sundy House and Apartments composite site plan. On November 17, 1992, the City Commission approved the Sundy Estates Plat (replat of Lots 1-10, Block 62, Town of Linton), and the alley abandonment. At its meeting of February 13, 1993, the OSSHAD zoning district regulations were amended to allow outdoor dining areas for daytime use only as an accessory use to a restaurant or business, and outdoor dining areas which operate at night as a conditional use. The outdoor dining area associated with the restaurant was to be limited to daytime use only. The restaurant vacated the Sundy House in 1996. The house was subsequently reoccupied and has been utilized as business and professional offices. In December, 1997, a request was made to allow residential type inns as a conditional use in the OSSHAD. In January, 1998, conditional use requests were submitted to establish a residential type inn and outdoor dining areas (evening dining) on the Sundy Estates property. At its meeting of February 17, 1998, the City Commission approved the text amendment on second and final reading. The conditional use requests are now before the Board for action. The development proposal includes the following: P & Z Board Staff Report Sundy Inn - Conditional Use Approval Page 3 Sundy Estates Property: El Conversion of the two existing apartment structures to accommodate a total of 14 guest rooms; [] Utilization of the existing single family residence as an inn unit; [] Utilization of the existing garage as restaurant storage; [] Construction of a 165 sq.ft, addition onto the southwest corner of the Sundy House structure; [] Construction of a 2-story 8-guest room structure; rq Construction of 3 restaurant dining areas/pods (460 sq.ft., 604 sq.ft., 740 sq.ft.), and a 1,142 sq.ft, kitchen; [] Installation of 5 outdoor dining areas (540 sq.ft., 55 sq.ft., 192 sq.ft. 196 sq.ft, and 912 sq.ft.); [] Installation a brick vehicle drop-off/pick-up (valet) area within the front yard adjacent to Swinton Avenue with an associated gazebo on the south side of the front porch area and two parking spaces for registration purposes located at the southwest corner of the drop-off area; [] Installation of a gazebo at the southwest corner of the south dining area; r-} Relocation of the fire escape to the north side of the existing restaurant; [] Reconstruction of the 21-space mulch parking lot at the southwest corner of the site to accommodate a 23-space asphalt parking lot; [] Retention of 4 existing parking spaces at the northwest corner of the subject property (west side of the 8-unit apartment building); and, [] Installation of a centrally located pond with a gazebo in the middle of the pond and a waterfall on the south side of the pond; and, [] Installation of a swimming pool on the south side of the pond with a waterfall; ~ Installation of pedestrian paths throughout the site; [] Installation of a 6' high c.b.s, wall along the perimeter of the site, except within the front yard facing Swinton Avenue, with electronic gates provided at the parking and service courtyard areas; and, [] Installation of a service courtyard surrounded by an 8' high c.b.s, wall on the north side of the property which will contain the loading area, dumpster, and golf cart storage. Off-Site Parking7 Area (Lots 9 and 10. Block 61. Town of Linton): [] Demolition or relocation of the two existing single family residences; [] Construction of a 42-space parking area; [] Preservation of the existing cottage at the northeast corner of the property which will be utilized for storage and a night watchman; and, CI Installation of associated landscaping. P & Z Board Staff Report Sundy Inn - Conditional Use Approval Page 4 The hours of operation of the restaurant will be 11:30 A.M. - 12 Midnight with the exception of Courtyard Dining Area A (northeast corner of the site) which will close at 11:00 P.M The inn guests and restaurant customers will not be required to valet park, and the guests will be provided with electronic gate operators for the sliding gates at the parking lots. There will be 14 employees on site at one time. The employees will be encouraged to park in the most remote parking spaces, car pool and find alternative means of transportation. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to 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 Mixed Use Future Land Use Map designation and an OSSHAD (Old School Square Historic Arts District) zoning designation. The OSSHAD zoning district is consistent with the Mixed Use FLUM designation. Pursuant to LDR Section 4.4.24(D)(3), within the OSSHAD, outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant is allowed as a conditional use. Also, LDR Section 4.4.24(D)(6) states that residential type inns not to exceed more than 18 individually leased suites or rooms per acre, is allowed as a conditional use. The site contains 1.435 acres and the proposal is to provide 23 units which represents a density of 16 units per acre. When including the 0.45 acre off-site parking area (1.88 acres total), the density will be 13 units per acre. Based upon the above, a positive finding with respect to consistency with the Future Land Use Map 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. Water and Sewer: No preliminary water and sewer plans have been submitted, however, the following is noted: P & Z Board Staff Report Sundy Inn - Conditional Use Approval Page 5 Water service currently exists via a service lateral connections to an existing 2" water main within S.W. 1st Street and S.W. 1st Avenue. Adequate fire suppression is provided via existing fire hydrants within the area (southeast corner of S. Swinton Avenue and S.E. 1st Street, northeast corner of S.W. Ist Avenue and S.W. 2nd Street, and northeast corner of S.W. Ist Street and S.W. 2nd Avenue.) Sewer service exists via service lateral connections to an existing 8" sanitary sewer main located on-site within the portion of the previously abandoned north/south alley. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Paving and drainage plans are not required with a conditional use request. With a full site plan submittal, drainage plans will be required. Drainage must be retained on-site. At this time, there are no problems anticipated complying with South Florida Water Management District or Lake Worth Drainage District requirements. Streets and Traffic: A traffic analysis has been prepared indicating that the additional restaurant floor area and conversion from apartments to a residential type inn will generate 484 new trips per day. The subject property is located within the TCEA (Traffic Concurrency Exception Area), which encompasses the CBD (Central Business District), OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue Business Corridor. The TCEA exempts the above described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding with respect to traffic concurrency can be made. 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: Trash generated each year by the additional 5,316 sq.ft, of restaurant area (7,763 sq.ft. total) will be 24.9 pounds per square foot per year or 66.19 tons per year. The 23 suites (11,678 sq.ft, total) will generate 4.7 pounds per square foot per year or 27.44 tons per year. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. P & Z Board Staff Report Sundy Inn - Conditional Use Approval Page 6 CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the goals, objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective and policy are noted. Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. While the existing zoning of the property (OSSHAD) encourages a mix of uses (commercial, office, residential) the residential zoning district to the west (RM) is primarily a residential zoning district. The proposal is to establish residential type inn and an outdoor dining area associated with a restaurant on a property located adjacent to an existing church and along a City collector. The majority of the traffic associated with the development will enter and exit the site from Swinton Avenue and will not spillover to the residential area to the west. The development proposal will result in significant upgrades to the site which will help stabilize and enhance the adjacent residential areas. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is surrounded by the following zoning districts: to the north and east is zoned OSSHAD; to the south is zoned CF (Community Facilities); to the west is zoned CF and RM (Medium Density Residential). The surrounding land uses are: to P & Z Board Staff Report Sundy.lnn - Conditional Use Approval Page 7 the north and east are single family residences; to the south is a single family residence and a church (St. Paul's Episcopal Church); and, to the west are single family residences, duplexes, a community residential home (The Lighthouse), and vacant land. Compatibility of the proposed residential type inn and outdoor dining areas with the proposed adjacent properties is not a major concern. With the exception of Dining Area A (northeast corner of the site), the dining areas will be located on the west and south side of the Sundy House which is similar to that which was approved in 1991. These dining areas will be buffered from the surrounding residential uses by the existing structures located on the site. The dining area at the northeast corner of the site, which is not surrounded by existing structures, is separated from the adjacent properties (consisting of 4 single family houses) by S.W. 1St Street and Swinton Avenue. While not currently indicated on the plans, the applicant has stated that extensive landscaping will be provided adjacent to the outdoor dining area. Also, the proposal is to limit the hours of operation of the outdoor dining area within this portion of the site to 11:00 P.M. While outdoor dining within this area is not a major concern, the proposed building addition on the north side of the Sundy House will obscure the most visible aspects of the Sundy House structure. It may be appropriate to locate the dining room and the fire escape to the west or south side of the Sundy House, to prevent any obstruction of the most prominent elevation of this historic structure. Typically this type of issue is deferred until site plan review at which time building elevations are analyzed. However, as the conditional use includes an attendant sketch plan, the applicant should be made aware that the proposed location of the dining room addition is problematic. The proposed use will help fulfill the need for accommodations for tourists within close proximity to the City's central business district. This proposal will significantly upgrade one of the City's most historically significant structures/property and will help stabilize the surrounding neighborhood. The upgrading of the site will enhance rather than depreciate property values in the area, and may be an inducement for the upgrading of nearby properties. The proposal retains the residential character that is sought with developments within the OSSHAD zone district.. As the intent of the OSSHAD zone district is to promote mixed uses, a positive finding of compatibility can be made. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed use will be in compliance with the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, technical items were identified and transmitted to the applicant. These items will need to be addressed with the full site plan submittal. The following analysis is provided as it pertains to the conditional use requests. P & Z Board Staff Report Sundy Inn - Conditional Use Approval Page 8 LDR Section 4,3.3(X)Residential Inns: Residential type inns shall be subject to the following provisions, limitations, and restrictions: 1) The use must be located with frontage on, or access from, at least one arterial or collector street as delineated on the City's Transportation Element; The proposed use has frontage on Swinton Avenue which is a City collector and is delineated as such in the City's Transportation Element of the Comprehensive Plan. 2) The use must be located in proximity to office, industrial, or commercial uses; The proposed use is located within 600' of Atlantic Avenue and 300' of the City's Central Business District, which contain commercial and office type uses. 3) The minimum floor area per suite shall be 450 square feet; Of the 23 proposed guest rooms, 7 suites are proposed with their square footage as follows: one 1,145 sq.ft, single family home; four 536 sq.ft, suites; and, two 728 sq.ft, suites. The balance of the units (16 units) will be hotel rooms which require a minimum floor area of 325 sq.ft. [ref. LDR Section 4.3.3(M)(1)]. The unit sizes exceed the requirement as follows: four 421 sq.ft.; four 405 sq.ft.; five 397 sq.ft.; one 395 sq.ft.; and, one 388 sq.ft. There is a concern with the design of a proposed 728 sq.ft, suite (first floor) within the new structure and the ability to utilize the suite as 2 units. If this is occurs, the result will be a 325 sq.ft, hotel room and a 405 sq.ft, suite, which will not comply with this code section. Also, the number of units provided on the site would increase, requiring a conditional use modification and additional parking. While the conditional use request is to establish a residential type inn, two-thirds of the units are hotel rooms as opposed to suites, which is a concern. In order to be in keeping with the intent of this code section a greater percentage (at least 50%) of the guest rooms should be suites with a minimum 450 sq.ft, of floor area. While it is difficult to retrofit the existing apartment buildings to accommodate additional suites, the proposed 8-unit structure at the south side of the site can be designed to accommodate the additional suites. The provision of 50% suites has been attached as a condition of approval. 4) Accessory uses may include: recreational facilities i.e. swimming pool, whirlpool, jacuzzi, steam room, tennis courts; meeting rooms; complimentary room service; and other nonresidential uses as permitted within the respective zoning district. The proposal includes a swimming pool, laundry facilities and a restaurant, which is permitted in the OSSHAD zoning district. P & Z Board Staff Report Sundy Inn - Conditional Use Approval Page 9 5) Parking shall be provided pursuant to Section 4.6.9(C)(7)(e). As the subject property is located within the OSSHAD, parking must be provided pursuant to LDR Section 4.4.24(G)(4), which is discussed below. LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD): LDR Section 4.4.24{G)(4){b) and (c) {Parking Requirements), restaurants shall provide six spaces per one thousand square feet of total new or existing floor area being converted to restaurant use, and residential type inns shall provide one parking space per guest room/unit. Based upon the above, the proposed 23 guest rooms require 23 parking spaces (1 space per guest room) and the 7,928 sq.ft, of restaurant area requires 48 spaces for a total of 71 parking spaces. The proposal provides 29 on-site spaces and 42 off-site spaces for a total of 71 parking spaces, which complies with the above requirement. LDR Section 4.4.24(H) (OSSHAD - Special District Regulations): Pursuant to LDR Section 4.4.24(H)(3), residential type inns shall create a transitional or buffer area between residential uses and nonresidential uses (such as office, commercial, etc.) which are either on or near the subject property. Utilizing the existing site design, the leasable units will be oriented so that they create a buffer between the residential properties to the west and the restaurant at the northeast corner of the site. With regard to the residences to the north and east, they are located within the OSSHAD which promotes mixed uses. Pursuant to LDR Section 4.4.24(H)(4). a residential inn shall be associated with an historic structure and must be residential in design, scale and character. The existing structures which will be utilized for the residential type inn are all historically significant. The proposed structure which will be east of the existing structures will have the same residential design, scale and character. This item will be further addressed with the site plan submittal. LDR Section 6.1.4(B)(3)(b) {Driveway Location) Pursuant to LDR Section 6.1.4(B)(3)(b), no driveway shall be located within 25' of the extension of ultimate right-of-way lines at any intersection. A waiver to this requirement can be granted provided the waiver is supported by the City Engineer. The proposed drop-off driveway onto S.W. 1st Street is located 19' from the ultimate right-of-way lines of Swinton Avenue and S.W. 1st Street intersection. The distance was reduced from 25' to 19' to avoid removing a branch from the existing Shaving P & Z Board Staff Report Sundy Inn - Conditional Use Approval Page 10 Brush tree, which is very rare specimen tree. The City Engineer has stated that a waiver to the distance requirement will not be supported. It is recommended that the driveway be located on the west side of the tree thereby eliminating the potential delay for valets exiting the site while vehicles are stopped for the traffic signal at the Swinton Avenue and S.W. Ist Street intersection. If the proposed dining room at the northeast corner of the site is relocated as previously suggested, the relocation of the driveway should be easily accommodated. The development is not within a geographical area requiring review by the DDA (Downtown Development Authority). Community Redevelopment Agency: At its meeting of February 12, 1998, the Community Redevelopment Agency reviewed and recommended approval of the conditional use requests. Historic Preservation Board: At its meeting of February 18, 1998, the Historic Preservation Board recommended approval of the conditional use requests for the Sundy Inn. If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the HPB (Historic Preservation Board). The site plan must accommodate concerns raised through the conditional use analysis, and technical items that have been previously transmitted to the applicant. Courtesy and Neighborhood Notices: A courtesy notice has been provided to the Old School Square Homeowner's Association. Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The development proposal to establish a residential type inn and outdoor dining areas is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan. Positive findings with respect to LDR Section 2.4.5(E)(5) (Conditional Use Findings) can be made provided the northeast outdoor dining area is closed by 11:00 P.M. Also, the proposed northeast dining room and the fire escape should be relocated to the west or south side of the Sundy House, to prevent any obstruction of the most prominent elevation of this historic structure. The drop-off area driveway should be located west of the Shaving Brush tree and the proportion of guest rooms that are suites should be increased to at least 50%. The proposed use will help fulfill the need for accommodations for tourists within close proximity to the City's P & Z Board Staff Report Sundy Inn - Conditional Use Approval Page 11 central business district. This proposal will significantly upgrade one of the City's most historically significant structures/property and will help stabilize the surrounding neighborhood. The upgrading of the site will enhance rather than depreciate property values in the area, and may be an inducement for the upgrading of nearby properties. 1. Continue with direction. 2. Recommend approval of the Conditional Use request for Sundy Inn based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the Conditional Use request for Sundy Inn based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations and policies of the Comprehensive Plan, of the proposed use with adjacent land uses. Recommend to the City Commission approval of the Conditional Use request for Sundy Inn based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. Submission of a full site plan application to be processed pursuant to Section 2.4.3 of the Land Development Regulations; 2. That the outdoor dining area at the northeast corner of the site close by 11:00 P.M.; 3. That the Dining Room A and the fire escape be located on the south or west side of the Sundy House; 4. The floor plan for the first floor suite in the proposed 8-unit structure must be redesigned to eliminate the potential for 2 leasable guest rooms; 5. That at least 50% of the guest units be suites; and, 6. That the drop-off driveway onto S.W. 1st Street be located to the west side of the Shaving Brush tree. Attachments: El Sketch/Site Plan Q Floor Plan MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/~ '1 SUBJECT: AGENDA ITEM # - REGULAR MEETING OF MARCH 3, 1998 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION RE: ST. MARY' S THE VIRGIN ANGLICAN CHURCH SCHOOL DATE: FEBRUARY 27, 1998 Attached is a letter from the Woodlake Homeowners Association requesting that the appeal concerning SPP~AB's approval of the site plan modification for the school at St. Mary's Church be postponed until the March 17th regular meeting. Also attached is a letter from the Church's agent indicating there is no objection to the postponement. I recommend that the appeal of the Site Plan Review and Appearance Board's action to approve a Class IV site plan modification for St. Mary's The Virgin Anglican Church School be postponed to the March 17, 1998 regular meeting. ref:agmemo20 DIANE DOMINGUEZ, DIRECTOR ~L(.~ ~'~,~.~/~/(~ SENIOR PLANNER SUBJECT: MEETING OF MARCH 3, 1998 APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S APPROVAL OF A CLASS IV SITE PLAN MODIFICATION FOR ST. MARY'S THE VIRGIN ANGLICAN CHURCH SCHOOL. At its meeting of February 4, 1998 the Site Plan Review and Appearance Board approved the site plan modification to establish the school. The action was appealed by the City Commission on February 17, 1998. The focus of the appeal relates to traffic along Homewood Boulevard. On February 24, 1998, a letter requesting postponement of the appeal hearing was requested by the Woodlake Homeowner's Association (copy attached), in order to allow time to conduct a traffic analysis. On February 26, 1998, the Church's agent submitted a letter stating that the church had no objection to postponing the item to the March 17th Commission meeting (copy attached). HOMEOWNERS ASSOCIATION, INC. 385 S.W. 27TH TERRACE DELRAY BEACH, FLORIDA 33445 561-243-3763 · FAX 56 1-243-3951 February 24, 1998 David Harden, City Manager The City of Delray Beach 100 NW 1 ~t Avenue Delray Beach FL 33444 Re: Saint Mary's the Virgin Anglican Church Elementary School Application Appeal SE Comer of Homewood Blvd. & Atlantic Avenue Dear Mr. Harden: Woodlake Homeowners Association respectfully requests a continuance for the above captioned appeal item that is currently scheduled for hearing on March 3, 1998. The reason for this request is due to the shortness of time we would be given to properly prepare the factual information. We feel that the information we are gathering will enable the commission to come to an equitable conclusion. However, we need your indolence for additional time and are proceeding as rapidly as is humanly possible. We look forward to your response. Sincerely, William H. Decker Woodlake Board of Directors Feb-26-98 04:36P digby bridges marsh 561 278 7841 P.02 DIGBY M, su 8: Assocta s, P,A. 26 February 1998 ,Mr. JeffCosteflo Cil~' of I~lray B~ch 100 NW ]st Ave. Delray Beach, FL 33444 P,~: St. Mary's The Vi~in Anglican Church Dcar Jeff; This is to confirm that St. l~Da-y's Church hru~ no objection to postponing the .~te plan approval appeal hearing to the City Commiszion meeting o£March 17, 1995. Kind regards, Yours sincerely, DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. Digby Bridges, AIA,R1BA,NCARB DB/tl~ 12'1 ~.E. Fifth ~venue, Deltiy geaclh Flm~dt 3~483 407/27~-138g Palm ~: 73~S866 Fax: 40~I2~8.7g~I , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~'~- REGULAR MEETING OF MARCH 3, 1998 ADOPTION OF SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN DATE: FEBRUARY 27, 1998 This is before the Commission to consider adoption of the Seacrest/Del-Ida Park Neighborhood Plan. The area is bounded on the east by the F.E.C. Railroad, on the west by Swinton Avenue, N.E. 4th Street on the south, and the city limits to the north. The overall purpose of the plan is to revitalize and improve the neighborhood. It is the result of extensive input from the affected homeowners associations as well as review and analysis by City staff, the Community Redevelopment Agency, the Historic Preservation Board and the Planning and Zoning Board. The CRA and HPB both voted unanimously to recommend adoption of the plan. The Planning and Zoning Board formally considered the plan at a public hearing on February 23, 1998. After lengthy discussion on the effect of proposed downzoning on property values, the Board voted 4 to 2 to recommend adoption. The two dissenting members supported the plan with the exception of the downzoning provision. The recommended action is adoption of the Seacrest/Del-Ida Park Neighborhood Plan, based on a finding of consistency with Policy A-5.5 of the Comprehensive Plan Housing Element. ref:agmemo22 TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, P & Z DIRECTOR ~~_ FROM: RONALD R. HOGGARD, JR., SENIOR PLANNER-/'",NR,/~ SUBJECT: MEETING OF MARCH 3, 1998 ADOPTION OF SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN The "Residential Neighborhood Categorization Map," contained in the Housing Element of the City's Comprehensive Plan, delineates neighborhoods throughout the City according to the prevailing condition of private property. The main objective of the categorization is to identify the level of need in each neighborhood, which in turn will determine the strategies to be taken in meeting that need. The SeacrestJDel-lda Park Neighborhood is currently categorized as follows: Revitalization - Evidence of decline in condition of structures and yards; increase in crime; property values stagnant or declining. Objective A-5 of the Comprehensive Plan Housing Element calls for areas with this categorization to have a greater priority in terms of targeting of code enforcement and law enforcement operations; and to have a greater priority in the scheduling of capital improvements (infrastructure) which will assist in arresting visual signs of deterioration. Additionally, "Policy A-5.5" states that neighborhood plans are to be prepared for areas designated as "revitalization." The overall purpose of this Neighborhood Plan is to revitalize and improve the neighborhood. The plan was produced through extensive public input at both the Seacrest Homeowners Association and the Del-Ida Park Homeowners Association meetings during 1997. The Plan includes the following major recommendations: Rezoning of several multi-family areas to single-family; Recommendation to amend Article 1.3 of the LDR's NONCONFORMING USES, LOTS AND STRUCTURES, to increase or eliminate the current expenditure limits for repair and maintenance of non-conforming structures within the neighborhood; Creation of a new Historic District for the Dell Park area; Installation of traffic calming measures within the neighborhood; Completion of the sidewalk system in the neighborhood; An incentive program to install decorative post lights in the front yard of residences; A streetscape program which includes removal of additional asphalt in the road right-of- ways, regrading of swales, additional street lights, and street trees; Construction of off-street parking lots in the duplex/multi-family areas in concert with a reduction in the amount of back-out parking; Installation of a landscape buffer along the FEC Railroad between George Bush Boulevard and NE 14th Street; Construction of an off-street parking lot by the CRA in the RO district within Del-Ida Park for use by owners who wish to convert their properties to non-residential uses; Recommendation that the CRA extend its "Historic Facade Easement Program" to include Del-Ida Park and the proposed Dell Park Historic district, and; City Commission Documentation SeacrestJDel~lda Park Neighborhood Plan Page 2 ~ Creation of one or more special assessment districts for the neighborhood to fund a portion of the recommended capita/improvements; Community Redevelopment Agency The CRA reviewed the proposed Plan at its February 12, 1998 meeting. The Board voted unanimously to recommend adoption of the Plan. Historic Preservation Board The HPB reviewed the proposed Plan at its meeting of February 18, 1998. The Board voted unanimously to recommend adoption of the Plan. Planning & Zoning Board The Planning and Zoning Board held a public hearing on the proposed Plan at its meeting of February 23, 1998. Several neighborhood residents spoke in support of the Plan, and one resident opposed the proposed downzonings. There was extensive discussion regarding the effect of the downzoning on property values, particularly with respect to the ability to obtain financing and/or insurance on non-conforming structures. Two of the Board members supported the plan with the exception of the downzoning provision. The Board recommended adoption of the Plan by a vote of 4 to 2. By motion, adopt the Seacrest/Del-lda Park Neighborhood Plan, based on a finding of consistency with Policy A-5.5 of the Comprehensive Plan Housing Element. Attachments: · Seacrest/Del-lda Park Neighborhood Plan Eassa Properties 100 N.E. Fifth Avenue Suite A-2 Delray Beach, Florida 33483 (407) 278-1914 February 17, 1998 Ms. Diane Dominguez, Director Delray Beach Planning and Zoning Department 100 N.W. First Avenue Delray Beach, FL 33444 Re: Seacrest/Del-Ida Park Neighborhood Proposed Rezoning Dear Ms. Dominguez: On February 1, 1998, I, as a partner of Eassa Properties, received your Special Notice regarding the proposed adoption of the rezoning plan for the Seacrest/Del Ida Park Neighborhood. We own the duplex located on the northwest corner ofN.E. 9 Street and Third Avenue, 275-277 N.E. 9 Street. While we appreciate the concerns of the neighborhood residents, it appears that.this proposal may not consider problems that will be created by its adoption. It is our understanding that the proposal is moving forward without the benefit of a workshop session by the Planning and Zoning Board, which is a disappointment in itself. [£ adopted, this proposed plan will place every non-single family structure in the "non- conforming" status as to use and/or structure. Considerations should be given to the problems generated by this non-conforming status. The majority of the buildings affected cannot be converted to single fhmily dwellings without major costs in doing so because of their present floor plan and layout. If they are sold, mortgages for the affected properties will not be available because of the non-conformity. It is likely that the properties will become more deteriorated and distasteful to the neighborhood as time passes because repairs and maintenance will be limited, as the incentive and ability to finance the costs of maintaining these structures will have been ~emoved. It will be difficuk to accomplish major repairs under this status, as most will require permits from the Building Department which may be reluctant to permit such work, depending on the ratio of cost to value. RECEIVED FEB 1 i{ 199B Ms. Diane Dominguez February 17, 1998 Page 2 If the object is to remove the blighted condition of the neighborhood, it would appear that a step toward stronger code enforcement, and a re-vamping of the landscape ordinances to require upgrading of the existing duplex and apartment buildings in the area, would help to achieve the goals of the neighborhood associations. In our opinion, it is not the existence of the "duplexes/apartments" that are creating the blight, but the condition of those properties and their inhabitants. It is obvious that if that neighborhood were all single family homes, maintained in the same manner as they are now, the blight would continue. It appears that an attempt is being made to constructively improve the neighborhood to the detriment of many property owners who own and have owned duplexes/apartments that were acceptable when constructed. It will be appreciated if a copy of this letter will be presented to each of the Planning & Zoning Board members prior to the meeting of February 23. Sincerely, Managing Partner RMS:wdm geacres / Del-Ida Park Neighborhood Plan Adopf. ed 1:,9 fahe ¢i~ Commission March g, 1995 Ci'b] c6 Petratj Beach Deh, a~ Beach Communi~ Redevelopmen. l: Agene~ TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................... iii Police Crime Report ........................................................ 12 INTRODUCTION ?roximity To Nuisances .................................................. 13 The Study Area .................................................................. 2 Non-Conforming Lots and Uses .................................... 13 Non-residential Uses ................................................ 13 Residential Uses ........................................................ 14 Background And History Of The Area .......................... 2 Code Enforcement ........................................................... 14 Purpose Of The Neighborhood Plan .............................. 2 Traffic And Transportation ............................................ 15 The Planning Process ........................................................ 3 Traffic Counts ........................................................... 15 Public Transportation .............................................. 16 EXISTING CONDITIONS Traffic Concurrency ................................................. 16 Water And Sanitary Sewer Service ............................... 16 Data Collection .................................................................. 5 Storm Water Collection ................................................... 16 Existing Land Uses ........................................................... 5 Residential Development .......................................... 5 Electrical And Telephone Distribution ......................... 19 Non-Residential Development ................................. 5 Street Lighting ........................................................... 19 Undeveloped Property .............................................. 7 Vacant Buildings ........................................................ 7 Fire Protection .................................................................. 19 Hydrant Distribution ............................................... 19 Future Land Use And Zoning Maps .............................. 7 Streetscaping .................................................................... 19 Future Land Use ................................................................ 7 Low Density Residential ........................................... 7 PLAN IMPLEMENTATION Medium Density Residential ....................................7 Transitional ................................................................. 7 The Vision ......................................................................... 20 Community Facilities ................................................ 7 Recreation and Open Space ...................................... 7 Future Development Opportunities .............................. 20 Zoning ................................................................................ 9 R-l-AA (Single Family Residential) ........................ 9 Residential Development ............................................... 20 RL (Multiple Family Residential-Low Density ...... 9 Housing Improvement Programs .......................... 20 RM (Multiple Family Residential - Medium Business Development .................................................... 22 Density) ....................................................................... 9 RO (Residential/Office) ............................................ 9 Business Assistance Programs ................................ 22 NC (Neighborhood Commercial) ............................ 9 Historic District Expansion ............................................ 24 CF (Community Facilities) ...................................... 11 Future Land Use .............................................................. 24 Residential Occupancy Status ....................................... 11 Residential Unit Size ....................................................... 11 Zoning Map Amendments .............................................24 Land Development Regulations .................................... 27 Property Values ............................................................... 11 Non-Conforming Uses ............................................. 37 Property Sales .................................................................. 11 Infrastructure Improvements ......................................... 27 Traffic Circulation .................................................... 27 Age of Buildings .............................................................. 12 Streetscape ................................................................. 27 Public Parking Lots .................................................. 31 Figure 11 NE 22nd Street/Seacrest Blvd. Intersection ......... 31 Code Enforcement Incident Calls Water And Sewer Service ....................................... 31 Per Property, Per Unit and Per Acre (1991-1997) ............ 15 - - Storm Water Collection ........................................... 31 Electrical Distribution And Street Lighting .......... 33 Figure 12 F.E.C. Railroad Buffer .............................................. 33 Water Map ......................................................................... 17 Fire Protection ................................................................. 33 Figure 13 Sewer Map .......................................................................... 18 _ Code Enforcement Activities ......................................... 33 Figure 14 Crime Management and Public Safety ......................... 34 Historic District Map ......................................................... 23 Community Policing ................................................ 34 Citizens on Patrol (COPS) ....................................... 34 Figure 15 Proposed Future Land Use Map ........................................ 25 Dilapidated Buildings and Blighted Properties .......... 34 Figure 16 Parks and Recreation ...................................................... 34 Proposed Zoning ................................................................ 26 First Steps ......................................................................... 34 Figure 17 Traffic Calming Measures Map ......................................... 28 Funding Sources .............................................................. 35 Figure 18 FIGJJRE$ Sidewalk System Map ........................................................ 30 Figure 19 Figure 1 Parking Lot Design Alternative Seacrest/Del-Ida Park Neighborhood ................................... 1 Dominos Pizza/Convenience Store .................... '. ................ 31 Figure 2 Figure 20 Generalized Existing Land Use ........................................... 4 Preliminary Streetscape and Parking Plan ........................ 32 Figure 3 Percentage of Residential Units by Type .............................5 T/kB£E$ Figure 4 Table 1 Existing Future Land Use Map ........................................... 6 Existing Land Uses .............................................................. 5 Figure 5 Table 2 Existing Zoning Map .......................................................... 8 Existing Non-Residential Land Uses ................................... 5 Figure 6 Table 3 Residential Property Occupancy Status ............................ 10 1996 Property Assessments ............................................... 11 Figure 7 Table 4 Housing Tenure by Area ................................................... 11 Police Incidents Calls by Type 1994-1996 ......................... 13 Figure 8 Table 5 Percentage of Properties Owned at Least lO-Years ........... 12 Code Enforcement Calls by Type (1991-1997) ................... 14 Figure 9 Table 6 Property Sales .................................................................... 12 199 7 Traffic Coun ts ........................................................... 15 Figure 10 Table 7 Building Age ...................................................................... 12 Preliminary Cost Estimates ................................................ 36 EXECUTIVE SUMMARY PURPOSE OF THE PLAN The "Plan Implementation" section outlines the The "Residential Neighborhood Categorization Map," strategy for the revitalization of the neighborhood, including the actions that the City will take to facilitate contained in the Housing Element of the City's it. Comprehensive Plan, delineates neighborhoods throughout the City according to the prevailing condition of private property. The main objective of EXISTING CONDITIONS the categorization is to identify the level of need in Development Pattern each neighborhood, which in turn will determine the The neighborhood area contains a mix of residential, strategies to be taken in meeting that need. The commercial, office, and community facility land uses. Seacrest/Del-Ida Park Neighborhood is currently The area also contains many undeveloped parcels. The categorized as follows: principal land uses are detached single-family residences and duplexes. Six hundred eighteen single- Revitalization - Evidence of decline in condit¥on family parcels take up 64.19% of the land area and 108 of structures and yards; increase in crime; properly duplex parcels take up 9.55%. Other major land uses values stagnant or declining, in the area include 45 undeveloped parcels (8.15%) and 1 public school (Plumosa Elementary School) with The Comprehensive Plan calls for areas with this 4.5%. categorization to have a greater priority in terms of targeting of code enforcement and law enforcement There are several residential subdivisions within the operations; and to have a greater priority in the neighborhood area, containing a mix of single-family, scheduling of capital improvements (infrastructure) duplex and multi-family structures. Overall, the which will assist in arresting visual signs of neighborhood contains 642 single-family residential deterioration. It also calls for the creation of a units, 21 apartments/guest houses associated with Neighborhood Plan. single family, 240 duplex units and 94 multi-family units for a total of 997 residential units. The overall purpose of this Neighborhood Plan is to capitalize on the strengths of the area and provide Within some parts of the neighborhood, there is an methods to deal with the weaknesses. The Plan inappropriate mix of small-parcel duplex and multiple provides the framework for the revitalization of the family development with single family residences. A "Seacrest/Del-Ida Park Neighborhood," bordered by major concern of neighborhood residents is the the F.E.C. Railroad on the east; Swinton Avenue on the continuation and potential expansion of this west; NE 4th Street on the south and the city limits to development pattern. Over 75% of the residential units the north. The plan is organized into three sections, the in the areas where this development pattern occurs are "Introduction", "Existing Conditions" and "Plan rentals. Unfortunately, the combination of apathetic Implementation". landlords and unmotivated tenants has resulted in many deteriorating duplex and multi-family The "Introduction" gives a brief background and properties. Lack of building maintenance (painting, history of the area. It also describes the purpose of the window and door repair, etc.), inadequate and Plan and gives a brief summary of the planning overgrown landscaping, crowding and overparking process that helped shaped the contents of the Plan. are the major problems. Combined, these problems have a blighting influence on adjacent single family The "Existing Conditions" section describes the homes. As a result, many of these homes have also neighborhood in terms of the factors that affect the converted to rentals-the problems escalate and the quality of life in the area. It contains a description of blight spreads. the existing land uses, zoning, and Future Land Use Map designations that apply. Analyses of Back-out parking onto adjacent roadways is the typical development patterns, occupancy status, property parking arrangement for duplex development within values, infrastructure, code enforcement calls and the neighborhood. In most cases, the number of spaces crime problems are also included, are maximized with the entire roadway frontage covered in asphalt without the benefit of landscaped SEACREST/DELolDA PARK NEIGHBORHOOD PLAN EXECUTIVE SUMMARY breaks between spaces. This degrades the appearance Highway and the neighborhood. These areas are of the area, affects drainage and encourages speeding, visually unattractive, and generate noise within the neighborhood. Of the 108 duplex parcels within the neighborhood, 93 (86%) are non-conforming. Two parcels are located in Traffic Issues the R-l-AA district, which does not permit duplexes. Traffic problems within the neighborhood include Of the remaining parcels, 65 (61%) are non-conforming speeding on NE 2nd and Swinton Avenues as well as with respect to lot size (i.e. less than 8,000 sq. ft.), 4 on local residential streets, lack of observance at stop parcels (4%) do not meet minimum lot width signs, and non-residential through traffic to Federal requirements (i.e. less than 60 ff. wide) and 22 parcels Highway on NE 13th Street, NE 14th Street and NE 16th (21%) are non-conforming with respect to unit size (i.e. Street. Consideration must be given to eliminating less than 1,000 sq. ft.) excessive through-traffic on residential streets in the neighborhood which are headed for the commercial All multi-family development within the neighborhood corridor. was found to be non-conforming with respect to density. Within the RL zone (3-6 du/acre), three multi- PLAN IMPLEMEN?A?ION family buildings have densities between 19 and 27 du/acre. Within the RM zone (6-12 du/acre), 1 multi- The implementation programs and work elements of family building has a density of 20 du/acre and four this plan are aimed at achieving three major objectives: others have a density of 40 du/acre. Two multi-family buildings within the neighborhood are located in a ~ Elimination of the problems associated with small lot zoning districts which does not permit the use. Both of duplex and multi-family development. Prohibition of these buildings are located in the Del-Ida Park new duplex and multi-family development north of subdivision, within the RO-Residential/Office zoning George Bush Boulevard. district. ~ Reduction of the negative impacts associated with through and non-residential vehicular traffic on local Historic $~ructures residential streets. There are 105 buildings in the neighborhood over 50 years old. Geographically, 45 (42.9%,)are located ~ Improvement of the physical appearance of the within the Del-Ida Park Historic District. The neighborhood through enhanced police activity, code remaining 60 buildings are located outside the historic enforcement and beautification. district without protective regulations in place to preserve their historic value. Of these 60 buildings, 55 FLUM Amendments and Rezonings (52.4%) are located within the Dell Park subdivision. It is the intent of this plan that all new residential Code Enforcement development or redevelopment, not located within the Del-Ida Park Historic District be single-family The location of each property within the neighborhood detached housing. FLUM and zoning designations was examined with respect to the number of incident will be amended where necessary to support this goal. calls generated. Generally, the number of incident calls Within the Del-Ida Park RO and RL zoning districts, was consistent in areas of the neighborhood with Iow density multi-family and/or duplex development primarily single-family residential development; will continue to be permitted under the control of the whereas, the number of incident calls was significantly Historic Preservation Board. higher in areas where duplex and multi-family development is prevalent. Most parcels within the neighborhood area will retain their current FLUM and zoning designation. However, Adjacent Nuisances implementation of the neighborhood plan will require The neighborhood is adjacent to a number of FLUM amendment and/or rezoning of some parcels in properties and transportation facilities that affect the the area. The proposed Future Land Use Map and stability of the neighborhood. Directly to the east of Zoning Map for the Neighborhood Area are attached. the neighborhood is an exisffng commercial corridor with uses including automotive sales and repair, The proposed FLUM amendments and rezonings restaurants and strip commercial development. The include: development fronts on Federal Highway, which puts the rear of buildings and service areas facing Dixie iv SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN EXECUTIVE SUMMARY [] Amendment ofFLUM designation from "Medium Street, NE 16th Street, NE 22.d Street, Dixie Density Residential"to "Low Density Residential" Boulevard (between NE 2.a Avenue and NE 3ra and rezoning from RM to R-1-A of 34 parcels Avenue) and NE 3ra Avenue (between George located on the east side of NE 3ra Avenue, north of Bush Boulevard and NE 22~a Street). Install round- NE 14th Street. Single-family zoning (R-l-AA) abouts and divided roadways on selected streets. exists west of this area and six parcels to be Consideration may also be given to installing a rezoned are currently developed as single family temporary street closure at the NE 14th Street homes.; railroad crossing until these traffic calming devices are installed. [] Amendment of FLUM designation from [] Reduce the highway feel on local residential streets "Transitional" to "Low Density Residential" of 6 by removing additional pavement used for off- parcels and rezoning from RL to R-l-AA of 2 street parking on all single family homes and parcels located on NE 22 Street. The two parcels to multi-family structures where possible. be rezoned are the only properties in the area [] Evaluate the possibility of changing the caution currently zoned RL. They are surrounded on three signal to traffic light at Swinton Avenue and sides by single-family homes zoned R-l-AA.; and George Bush Boulevard. u There is a need for stricter enforcement of speed u Rezoning from RL to R-1-A of 134 parcels located limits on NE 2na Avenue (Seacrest Boulevard) and east of NE 2~a Avenue (Seacrest Boulevard), Swinton Avenue as well as on local residential between George Bush Boulevard and NE 13th streets. Street. The area contains a mix of single-family ~ Ban through truck traffic north of NE 4t~ Street on homes, duplexes and multi-family structures. The Swinton and NE 2-a Avenue (Seacrest Boulevard). areas to the north and west are zoned R-I-AA Within this area, these are residential streets. This Single Family. type of traffic should be using North Federal Highway, Congress Avenue, or 1-95. Land Development Regulations ~ Remove conflicting landscaping at the intersections where visibility is a problem. Processing of LDR text amendments made necessary by the Neighborhood Plan will be initiated [] Require lawn maintenance companies to park in immediately following the adoption of the plan. As driveways where possible to avoid blocking traffic. discussed in the "Existing Conditions" Section, there are [] Install improved signage to route people around a considerable number of non-conforming residential the neighborhood to Federal Highway. structures within the neighborhood. Additionally, ~ Convert Lake Court back to two-way traffic flow. many duplexes and multi-family buildings will become non-conforming with respect to use as a result St~eetscape of the recommended rezonings. It is a goal of this Plan It is recommended that streetscape improvements be that residential properties in the neighborhood be made to the neighborhood which includes additional upgraded and improved. Article 1.3 of the LDR's, street lights, street trees, repair of damaged sidewalks, NONCONFORMING USES, LOTS AND the addition of new sidewalks, removal of illegal on- STRUCTURES, places limits on expenditures for repair street parking, and the reconstruction of drainage and maintenance of non-conforming uses and swales. The Homeowners Associations should be structures. In order to prevent further decay, an involved in the location and design of all new facilities. amendment to the LDR's will be initiated to increase or Funding for the project would be shared by the City, eliminate the current expenditure limits within the CRA and the property owners. It is recommended that neighborhood, the neighborhood create a property improvement district which, in turn, would be the legal entity with Traffic which the City would create a partnership. The The following measures are recommended to help formation of a property improvement district would alleviate the problems associated with excessive give the owners a collective voice in improving their through and non-residential vehicular traffic in the neighborhood. The district would contribute a portion neighborhood: of the moneys needed to pay for the improvements. [] Install traffic calming measures (speed humps) on This plan also recommends development of a program selected streets. At a minimum, speed humps to provide additional exterior lighting on private should be installed on NE 13th Street, NE 14th property. Under this program, the City and CRA would share the cost with individual property owners V SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN EXECUTIVE SUMMARY to install a decorative pole light in the front yard. In moving toward this long-term goal, the CRA should These lights would improve security in the be prepared to purchase any properties in this area neighborhood by filling in the dark spots between that become available in the short-term. street lights. First Steps Public Parking Lots Immediately following the adoption of this plan, As part of the overall streetscape program for the processing of the Comprehensive Plan amendments, neighborhood, it is recommended that the CRA acquire Future Land Use Map amendments, Land one or more lots on each block within the higher Development Regulations text amendments and density duplex/multi-family areas. These lots will be rezonings required to implement the plan will begin. used for the construction of off-street parking lots for The CRA's Community Redevelopment Plan will also the residents. This will help alleviate many of the need to be revised to include the projects and problems associated with the large number of back-out programs included in the Neighborhood Plan. parking spaces on the street and provide opportunities to install additional landscaping and drainage. Members of the Homeowners Associations who have participated in the development of this Plan should Del-Ida Park Residential/Office District begin to meet with other neighborhood residents to In order to facilitate business development in the RO discuss the provisions of the Plan and gather support district, it is recommended that the CRA consider for the Special Assessment District. acquisition of one or more parcels to provide off-street parking. It is recommended that funding for this Since the capital improvements included in the Plan parking be provided by the CRA and/or City. The are not yet included in the 5-Year Capital Improvement parking spaces would then be sold to adjacent programs for either the City or the CRA, these budgets will need to be amended and dollars allocated for the properties who wish to redevelop their properties or convert existing homes to nonresidential uses. various projects. Historic District Expansion Implementation of the capital improvements included in the Plan will first require the preparation of land It is the recommendation of this plan that a historic surveys. This work element should be scheduled as evaluation of the buildings in this area be conducted. soon as possible. When the surveys are completed, the If the results of the study indicate that it is warranted, engineering, design and detailed cost estimates of the historic district boundaries should be expanded individual projects can begin as time and funding north of George Bush Boulevard to include the Dell becomes available. Park subdivision. Other new programs contained in the plan will be F.E.C. Railroad Buffer and Linear Park developed and implemented as opportunities arise and The appearance of the adjacent railroad right-of-way funding becomes available. and Dixie Highway has a serious impact on the neighborhood. The CRA will use a portion of the tax Funding Sources increment generated by new development and The City and CRA will provide whatever support is redevelopment of the North Federal Highway corridor available to assist in the implementation of this for landscape buffers along the railroad. Neighborhood Plan. Funding for some public As a long-term goal, the CRA is exploring the improvements may be available from the City or possibility of creating a linear park along the railroad through the CRA's tax increment generated by new development and redevelopment in the neighborhood tracks adjacent to NE 3ra Avenue. This park would and in the N. Federal Highway corridor. Other provide opportunities for passive recreation in the area improvements may be financed in part through the and create a buffer between the railroad and the single- establishment of one or more special assessment family neighborhood to the west. The park would also districts created pursuant to the neighborhood plan. enable the City to provide additional stormwater The CRA will expend funds on behalf of the retention in the area. Construction of the park could be neighborhood in order to create the required Special financed in part by the parks and recreation impact Assessment Districts. fees and tax increment revenues generated by new development and redevelopment in the area and along the North Federal Highway corridor. vi 0 · I 0 0 SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN INTRODIlCTION PAGE ~ SEACREST/DEL-IDA PARK NEIGHBORHOOD ,,oo, CITY OF DELRAY R£ACH, FL ~ Within Community Redevelopment Areo ~oo' soo' PLANNIN~ ~ ZONING DEPAR~NT mmmmmiI STUDY --- DIGITAL ~ ~P S~TE~ ........................... cm~ LIMI~ SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN INTRODUCTION PAGE 2 THE STUDYAREA overcrowding was not relieved until Plumosa The City of Delray Beach Seacrest/Del-Ida Park Study Elementary School was opened in 1954. Homes in the Area, (shown graphically on Figure 1, Page 1), is neighborhood were built to serve both year-round and generally defined as the area of the City bordered by seasonal residents. Many of the older homes included the F.E.C. Railroad on the east; Swinton Avenue on the rear cottages. These cottages often served as a family's main residence while the front house was under west; NE 4th Street on the south and Atlantic High School and the city limits to the north. The Study Area construction. They were then used as guest cottages is made up of two neighborhoods, each with its own for visiting friends and family, and converted to rental homeowners association. The Del-Ida Park housing for serviceman during World War II. Later, these cottages became workshops, storage areas and Neighborhood includes properties between NE 4th affordable rental housing. Street and George Bush Boulevard and the Seacrest Neighborhood includes properties north of George Bush Boulevard. For the purposes of this plan, these The next subdivision to be platted was Plumosa park, two neighborhoods have been combined, platted in 1950 by Mr. August Pruyser, who lived at what was then the north end of Swinton Avenue on "Swinton Hill". The Thayer Development Company BACKGROUND AND HISTORY OF THE AREA built 50 homes, most of which were located on NE 14th The Del-Ida Park neighborhood is one of Delray Street. Demand for postwar housing was great, and all Beach's planned developments. Mr. J. C. Secord of fifty homes were sold within the first year, at a cost of Miami organized the Ocean City Development $8,000 each. Company and purchased a 58 acre tract along the northern city limits of Delray. The plat was designed The Seacrest Neighborhood includes several other with 12 blocks containing 300 building lots and 3 subdivisions, all platted between 1951 and 1958. These public parks. The Ocean City Development Company include Northridge (1951), Seacrest Park (1953), recorded the plat on September 18, 1923. At a time Bonniecrest (1953) and Swinton Heights (1954). Like when the rest of the town was using a rectangular grid Plumosa Park, these areas were developed in response plan, Mr. Secord chose to integrate diagonal streets to the high demand for housing in South Florida into the design to create a sense of space and attractive during the 1950's. irregularity. The design created unusual triangular blocks and provided the opportunity to integrate three PURPOSE OF THE PLAN small parks into the scheme. The overall effect was the creation of a park-like atmosphere accessible to all the In preparing its vision for the future in the 1989 residents of the neighborhood. Comprehensive Plan, the City of Delray Beach realized that build-out was rapidly approaching. It was also evident that future increases in ad-valorem tax In 1987, the Del-Ida Park Plat was selected for a comprehensive historic survey which identified 22 revenues would become more and more dependent Mediterranean Revival style buildings constructed upon the value of existing properties and less between 1923 and 1930. The Del-Ida Park dependent on new development. This fact and a growing realization of the importance of neighborhood neighborhood was designated an Historic District by stability, led the City to refocus its attention toward the City in 1988. redevelopment and revitalization of the older sections The Seacrest neighborhood began in 1922 when 70 of Delray Beach. Recognizing that several of these acres of undeveloped land just north of the Delray City older areas were becoming increasingly blighted and limits were platted by Floradixi Farms Company as the that property values were declining, the City adopted a Dell Park subdivision. One home was constructed that pro-active approach to stop the decline. The following year. However, 1923 was the start of a construction Goal statement from the Future Land Use Element of rush in Delray (as well as other South Florida cities) the Comprehensive Plan represents the starting block and by the end of the decade, there were 45 new homes upon which its implementation strategy has been built: scattered throughout the subdivision. Most of the rest of Dell Park was built up during the 50's and 60's. BLIGHTED ~S OF ~ CITY SHALL BEI REDEVEL~, ___ ,_. ~ _ _~ _ .OPED AND :RENEWED AND SHALL__.[ The first set of neighborhood homeowners included ISlz"lI-IIiMAJOl,~C:ONI]~BtHINGAREAS TOI many young families. The increase in the number of THE RENAISSANCE OFDEL~Y BEACH. [ Delray school children caused Delray Elementary School to institute double sessions in 1950. The SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN INTRODUCTION PAGE 3 In preparation of the Housing Element of the programs are appropriate and how they fit into an Comprehensive Plan, neighborhoods throughout the overall concept. City were evaluated and a "Residential Neighborhood Categorization Map" was created. This map delineates THE PLANNING PROCESS areas according to the prevailing condition of private Following a series of neighborhood visits and property. The main objective of the categorization is to collection of land use and environmental data, staff identify the level of need in each neighborhood, which attended a series of neighborhood association in turn will determine the strategies to be taken in meetings to ascertain the priorities of residents and meeting that need. The Seacrest/Del-Ida Park Neighborhood is currently categorized as follows: property owners in the study area. The property . owners who attended the meetings were enthusiastic Revitalization - Evidence of decline in condition and supportive of the idea of neighborhood of structures and yards; increase in crime; property stabilization through development of a neighborhood plan. The residents identified their concerns and values stagnant or declining, priorities for the neighborhood. Staff incorporated Objective A-5 of the Comprehensive Plan Housing many of those ideas into this plan. Element calls for areas with this categorization to have a greater priority in terms of targeting of code A draft of this plan was submitted to members of both the Seacrest Neighborhood Association and the Del-Ida enforcement and law enforcement operations; and to Park Neighborhood Association in November, 1997 have a greater priority in the scheduling of capital and discussed again at its meeting in January, 1998. improvements (infrastructure) which will assist in arresting visual signs of deterioration. A draft of this Redevelopment Plan was presented to Additionally, "Policy A-5.5' states that neighborhood the Community Redevelopment Agency and the Planning and Zoning Board in February, 1998. The plans are to be prepared for areas designated as Plan was adopted by the City Commission on March 3, "revitalization." 1998. POLICY A-5.5 These areas shall be provided assistance through the development of a "neighborhood plan" which is directed toward the arresting of deterioration through physical improvements such as street lighting, street trees, landscaping, street repair, drainage improvements, sidewalks, parks and parking areas, installation or upgrading water and sower facilities, all of which may be provided through funding and/or assessment districts. The plans shall also address the appropriateness of existing land use and zoning classifications, traffic circulation patterns, abatement of inappropriate uses, and targeting of code enforcement programs. The plans shall be prepared by the Planning and Zoning Department, with assistance from the Community Improvement Department, and the Community Redevelopment Agency if located within the CRA district. At least one neighborhood plan shall be prepared each fiscal year. The priority of these plans is as follows: · Seacres~Dd-Ida · AlIen/Eastview/Lake Avenues (to be addressed in the North Federal Plan · Osceola Park · Delray Shores This document is the Neighborhood Plan for the "Seacrest/Del-Ida Park Neighborhood." The Plan will attempt to reflect the essence of the neighborhood's needs for the future. These needs will then be addressed by determining what regulations and SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN EXISTING CONDITIONS PAGE ~ ~ Gener<:lized L~nd Use C~TY OF DELRAY D£ACH, FL - S~ng~e Family m - Duplex I - ~ul~J-Family I- Commercial PLANNING & ZONING DEPARTMENT __ D/Gii.AL i~!,~$E MAP SYS?EM __ I- Single Fomily l- Single Fr~mily B- C ..... ity I- Undeveloped w~/Apertme~ wr/E~usiness Facilities - SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN EXISTING CONDITIONS PAGE 5 DATA COLLECTION include 45 undeveloped parcels (8.15%) and I public school (Plumosa Elementary School) with 4.5%. In preparation of this Plan, City staff compiled a database of all properties within the Study Area. The Residential Development primary source of data was the Palm Beach County Property Appraiser's 1996 tax roll. Additional There are several residential subdivisions within the information was obtained from field surveys and Neighborhood Area, containing a mix of single-family, review of recorded documents. The information in the duplex and multi-family structures. Overall, the database includes the property control number, neighborhood contains 642 single-family residential property area, property ownership, building area, units, 21 apartments/guest houses associated with occupancy information, existing land use, and assessed single family, 240 duplex units and 94 multi-family value. The following land use and other property units for a total of 997 residential units. information is based on this database. Figure 3 Percentage of Residential Units by Type EXISTING LAND USES Seacrest/Del-Ida Park Neighborhood There are approximately 231 acres (not including road rights-of-way) in the Study Area. The "Existing Land Multi-Family Use Map," (Figure 2, page 4) shows the distribution of Single Family 9.4% the various land uses in the area and Table 1, below w/A~t,. _ / gives a complete breakdown of these uses by type. ~ 24a% Seacrest/Del-Ida Park Neighborhood ~ Access Drive 4 1.0£ 43,621 0.43% 1] 0.00% Church 3 5.28 230,311 2.29% 13,40(] 0.89% Non-Residential Development Commercial 8 1.6,~ 70,98~ 0.71% 16,738 1.11% Commercial and other non-residential land uses within DaycareCenter 2 0.5~ 28,39~ 0.28% 3,~ 0.2~% the study area consist of a mix of retail, office and Duplex 108 22.02 959,067 9.55% 190,77~ 12.70% service uses. Commercial development parcels fronting Group Home 1 0.4~ 21,00C 0.~1% 4,~e~ 0.30% on and immediately south of George Bush Boulevard Multi-Family 10 3.1~ 135,385 1.35% 59,106 3.93% contain a concentration of medical office uses, while Office 27 $.9C 387,47~ 3.86% 68,002 4.53% general retail, restaurant and service uses prevail in the commercial area adjacent to Atlantic High School. The Open Space 5 0.8~ 38,18C 0.38% ~ 0.00% Private School 4 2.5~ 112,222 1.12% 5,484 0.37% neighborhood also contains several community facilities, including one public school, two private Public School 1 10.3~ 451,71~ 4.50% 10,782 0.72% schools and two churches. Table 2, below, gives a Single-Family 618 148.0~ 6,449,85~ 64.19% 1,088,565 72.46% breakdown of these uses by type. Single Family 21 5.77 251,29C 2.50% 38,842 2.59% w/ApL Single Family 2 1.05 45,92~ 0 46%1 2,233 0.15% Table 2 w/su~,~ 8.~% Existing Non-Residential Uses in the Undeveloped 45 15.81 8~9,18~ C 0.00% Seacrest/Del-Ida Park Neighborhood Utility 1 0.14 6,00( 0.06% 0.00% TOTAL~ 860 230.68 10,047,61~ 100°~ 1,502,23~ 100% i~ii~ i' t~ndUg~.: i !.:,, ~ General Retail 2 5.6% The neighborhood area contains a mix of residential, Restaurant (take-out) 2 5.6% commercial, office, and community facility land uses. Service 3 8.3% The area also contains many undeveloped parcels. The office Bttildixags 23 63.9% principal land uses are detached single-family Schools 3 8.3% residences and duplexes. Six hundred eighteen single- Utilities ~ 2.7% family parcels take up 64.19% of the land area and 108 Church 2 5.6% parcels containing a total of 120 duplexes (240 dwelling TOTALS 36 100% units) take up 9.55%. Other major land uses in the area SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN EXISTING CONDITIONS PAGE 6 / LDR LDR / ...... MDR CF-S CF-C ~'~' LDR = -- ..... CF-S~ MDR ......... m_ __~ MDR --[ I ......L!2 I ._~ " LDR TRN ....... M/DR CF-C OS-C ! LDR L R ~ C CITY OF DELRAY BEACH, FL -- EXISTING FUTURE LAND USE - PLANNING .,m, ZONING DEPARTMENT ~ mm mm STUDY AREA SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN EXISTING CONDITIONS PA GE 7 Undeveloped Property be primarily single family, but duplex, multiple family, The existence of undeveloped lots indicates or townhouse units may be constructed in the PRD unproductive land use, which limits tax revenues. (Planned Residential Development) and RL (Low Vacant lots often become dumping grounds for trash Density Residential) zoning districts. and unsightly or unsafe debris. Overgrowth of vegetation on vacant lots often becomes an ongoing Medium Density Residential problem for the city's code enforcement program. One area of the neighborhood, adjacent to the FEC There are 45 parcels within the neighborhood that are railroad is designated as Medium Density Residential currently vacant. This figure equates to over 800,000 on the City's Future Land Use Map. This designation square feet of land and 8% of the buildable area within permits residential units at densities of 5-12 d.u./acre. the neighborhood. All existing residential zoning districts are consistent with the Medium Density Residential FLUM Over 25% of this vacant area is contained within three designation. The residential units may be single- parcels planned for expansion of the Atlantic High family, duplex, multiple family, or townhouse. School Campus which includes the Seacrest Athletic Facility and a 191 space parking lot. The site plan for Transitional the facility was approved on October 22, 1997. The Transitional FLUM designation is often used for an area of intermediate intensity between commercial Vacant Buildings uses and residential uses. Office uses, medium density The survey of properties within the neighborhood residential uses, and very limited commercial uses are identified four vacant single family homes. There were permitted in Transitional. The Transitional designation no vacant commercial or other non-residential is applied in two areas of the neighborhood. One is structures within the area. One of these vacant homes, located between NE 4th Street and George Bush located at 1012 NE 3rd Street, was deteriorated and was Boulevard, in the Dell Park and Del-Ida Park recently demolished by the City. subdivisions. It contains a number of medical and professional offices mixed with single family and FUTURE LAND USE AND ZONING MAPS duplex residential development. The second is located The Future Land Use Map (FLUM) and Zoning Map adjacent to Atlantic High School and contains several specify the land uses and types of structures that can commercial buildings, single-family houses and a be permitted on a parcel. These are the primary tools planned expansion area for Atlantic High School. by which the City regulates development within its Community Facilities boundaries. This designation is applied to current and future school FUTURE LAND USE sites; to current and future sites for public buildings; and to current and future sites for public facilities. It is Several Future Land Use Map designations apply also applied to single function buildings which have within the neighborhood area. Low Density been constructed for community related purposes (e.g. Residential, Medium Density Residential, Transitional, churches) and which are not commercial in nature. Open Space and Community Facilities are each The designation is applied to one school site and two applied to at least one property in the area. The churches within the neighborhood area. "Future Land Use Map," currently in effect for the area, is shown on (Figure 4, page 6). The following Recreation and Open Space paragraphs describe the FLUM designations shown on this map. This designation is applied to public recreation areas (such as municipal parks), to open space areas, and to Low Density Residential conservation areas. Within the neighborhood area, there are two parcels designated as open space. They The majority of the neighborhood is designated as Low are both small, irregular shaped lots located at Density Residential on the City's Future Land Use roadway intersections. One is located at the Map. This designation allows residential development intersection of NE 14th Street and NE 3rd Avenue and is at densities of 5 units per acre or less. All existing used as a dry stormwater retention area. The other, a residential zoning districts, except RM (Medium well-landscaped mini-park located adjacent to Swinton Density Residential) are consistent with the Low Avenue and the cul-de-sac of Dixie Boulevard, Density Residential FLUM designation. Residential provides a visual break in the development pattern units in the Low Density residential designation should and an opportunity for passive recreation in the area. SF. ACREST/DEL-IDA PARK NEIGHBORHOOD PLAN EXISTING COND/T/ONS PAGE 8 CF ..... ~,~; CD N SEAC:REST/DEL-IDA PARK NEIGHBORHOOD I,~oo. o ,~F,..c SCALE c~ OF DELRAY BE~C~. F~ EXISTING ZONING PLANNIN~ EXISTING DEL-IDA D~K ~ ~ ~TUDY ~ F -- DI~/TA~ ~SE ~P S~ -- SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN EX/ST/NG CONDIT/ONS PAGE 9 ZONING ~ RL (Low Density Residential); The zoning designation assigned to a parcel is an Q RM (Medium Density Residential); important factor in its development potential. Zoning u RO (Residential/Office) establishes the specific uses allowed as well as u NC (Neighborhood Commercial); setbacks, height limits, and other development u CF (Community Facilities) standards for structures on the parcel. Zoning district locations are shown on the "Existing The earliest uses in the neighborhood included Zoning Map," (Figure 5, page 8). The following detached single-family homes and guest cottages, paragraphs briefly describe the zoning districts that are When zoning regulations were first adopted in Delray applied within the study area. Beach during the 1940's, the neighborhood was nearly R-1-AA (Single Family Residential) entirely single-family residential. The R-1 zoning districts were created to provide areas Modern zoning categories were in place by the 1950's. of single family detached residences and to protect At that time, most of the neighborhood was zoned those areas from the intrusion of inappropriate uses. R-l-AA, which allowed only single family residential The R-l-AA district permits single family residential uses. The eastern half of Dell Park, and the strip of units with a minimum lot area of 7,500 square feet. land running between the railroad tracks and NE 3ra Additionally, the district accommodates some non- Avenue (northward from Dell Park to the north edge residential uses (e.g. churches, day care facilities) as of Seacrest Park) were zoned differently to conditional uses. The R-l-AA designation is applied to accommodate duplex and multi-family uses. As a most of the neighborhood west of NE 2na Avenue and result, most of the non-single-family dwelling units lie to the area north of NE 13th Street. within this section of the neighborhood. The first duplex was constructed in 1948 on NE 12th Street, and RL {Multiple Family Residential - Low Density) most of the other duplexes in the neighborhood were The RL district allows a variety of housing types at constructed during the 1950's and 1960's. With the densities of up to 6 units per acre. This district is exception of one building on NE 2na Avenue, applied to most of the Dell Park subdivision, east of constructed in 1924, all of the multiple-family NE 2na Avenue, a portion of the Del-Ida Park buildings were constructed between 1969 and 1974. subdivision and two lots on NE 22"a Street. The final component of the current land use pattern RM {Multiple Family Residential - Medium Density) was established during the 1970's when most of the The RM district allows a variety of housing types at properties fronting on George Bush Boulevard, within densities of 6 to 12 units per acre. The district is Block 12 of Dell Park, were converted to medical office applied adjacent to the railroad tracts between NE 14th use. At that time, the relevant zoning category was Street and Atlantic High School. RM-10, a residential zoning category which allowed professional offices as a conditional use. RO {Residential/Office) The RO district provides for mixed use of a The latest major zoning change occurred as part of a neighborhood office and residential nature. The RO citywide rezoning, following adoption of the City's 1989 Comprehensive Plan. A new zoning map which district is appropriate as a transitional land use between a commercial or industrial area and a included six separate zoning categories for the residential area; as an incentive zoning in older neighborhood was adopted in September 1990. The residential areas which are in a state of redevelopment largest area within the neighborhood remained or revitalization or are in a state of transition; or, to R-l-AA, single-family residential. Also included were accommodate professional offices which will meet the RL, Multiple Family Residential (Low Density; RM, needs of nearby neighborhoods. This district is Multiple Family Residential (Medium Density); and RO, Residential Office, which includes duplexes and applied in an area between NE 4th Street and George Bush Boulevard, in the Dell Park and Del-Ida Park offices as permitted uses. subdivisions. There are six zoning designations currently applied within the neighborhood: NC {Neighborhood Commercial) The NC district is intended for small parcels of land c~ R-l-AA (Single Family Residential); that are suited to small scale retail, service, and office uses. It provides the opportunity to locate limited SEACREST/DEL~IDA PARK NEIGHBORHOOD PLAN EX]STING CONDITIONS PAGE IO ~ Residential Property Occupancy Status CiTY OF OELRAY BEACH, FL 200' 500' PLANNING & ZONING DEPARTMENT ~ - Owner Occupied W - Rentol I- Undeveloped ~l~ STUDY AREA -- DIGITAL ~ M~P S~TEM -- ' ........................ CIW LIMITS  : geacre~/Del-Ida Park Neighborhood Plan Prepared The Cit9 o£ I)elra9 Beach Planning and Zoning Department in conjunction with The Delrato Beach Communit~j Redevelopment Agenc§ The geacre~t Neighborhood JL~ociation The Del-Ida Park Neighborhood Ae~ociation Cit9 of Delta9 Beach Planning & Zoning Deparunen~ 100 NqN 1'~ Avenue Delra9 Beacl% Flordda ZZ444 Contac~ Per~or~ Ron Ploggar~l, Senior Planner a~ 24~-~041 SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN EXISTING CONDITIONS PAGE 11 retail and service uses in a manner convenient to and feet. Multiple-family units are smaller still with an yet not disruptive to residential uses. The NC district average of only 628 sq. ft. The Delray Beach Land is applied to a small area south of Atlantic High Development Regulations currently require a School. minimum of 1,000 sq. ft. for duplex units. The minimum size for multi-family units is dependent, on CF (Community FacilJties) the number of bedrooms, with 400 sq. ft. for The CF district is a special purpose district primarily, efficiencies, 600 sq. ft. for 1-bedroom, 900 sq. ft. for 2- but not exclusively, intended for locations at which bedrooms, 1,250 sq. ft. for 3- bedrooms and 1,500 sq. ft. facilities are intended to serve public, semi-public, and for 4-bedrooms. These numbers indicate that many private purposes. Such uses include governmental, neighborhood duplex and multi-family units are religious, educational, health care, social service and nonconforming with regard to size. special facilities. The district is applied to two public school properties, two churches and one open space PROPERTY VALUES parcel. The total assessed value of the 860 properties within the study area was $ 57,011,846 in 1996, up by 8.0% RESIDENTIAL OCCUPANCY STATUS from $ 52,794,178 in 1995. Given a total acreage The Seacrest/Del-Ida Park neighborhood contains a (excluding rights-of-way) of 230.66 acres, the average total of 997 residential units. Of the 997 units, 992 are assessed value of all property in the area, including occupied units. This represents a vacancy rate of only structures, is $5.67 per square foot of land. A 0.5% and indicates an extremely strong demand for breakdown of assessed values for different land uses housing in the neighborhood, within the neighborhood is given in the following table: The "Residential Occupancy Map," (Figure 6, page 10) Table 3 shows housing tenure for the entire neighborhood 1996 Property Assessments area. It is evident from this map that rentals are SeacrestfDel-Ida Park Neighborhood clustered in the multi-family zoning districts. The chart below gives a comparison of occupancy status for ~ ...... ~ ........ ~,~ ~i~ g~d'~%~ ~%~se~'~ ............ ~¥/1~ ............ the different residential zoning categories within the ~'ig ..~g~ ~';'~'~';~' '~ .... ?~?~;~;~:~'~?:' '~"~ ~ neighborhood. Absentee ownership, within the RE Commercial 483,853 $4,345,352 $ 8.98 and RM multi-family districts and the RO Community 882,051 $ 2,951,847 $ 3.35 residential/office district contributes to the decline of Facilities Sinl~le-Family 6,768,068 $ 40,599,934 $ 6.00 those areas. Encouragement of owner-occupied Duplex 959,067 $ 6,037,190 $ 6.29 housing is a feature of this neighborhood plan. Multi-Family 135,385 $1,749,325 $12.92 Undeveloped 81%188 $1,328,198 $1.62 Figure 7 Housing Tenure by Area TOTALS 10~047t612 $ 57~011t846 ~ 5.67 Seacrest/Del-Ida Park Neighborhood This table shows an additional impact of undeveloped ~00x~ .... i~~ property on the City. Within the neighborhood, ~0x ~ undeveloped property is assessed an average of $4.38 ~0x per sq. ft. less than single-family development. This 40x equates to a loss of over $26,000 per year to the city in ad-valorem tax revenue. 20% 0~ ' ' PROPERTY SALES Renter The ability to sell property while values continue to F3Owner [] rise indicates a strong market demand in the neighborhood. However, excessive turnover in a predominantly residential area can have an negative RESIDENTIAL UNIT SIZE effect on social relationships and sense of identity in a There is a wide range of residential unit sizes within neighborhood. Palm Beach County property tax roll the neighborhood area. Single-family detached units records indicate that 68.3% of all properties within the are an average size of 1,758 square feet. Duplex units neighborhood have been under the same ownership are significantly smaller, with an average of 795 square for at least 5 years and 48.8% have been under the SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN EXISTING CONDFFIONS PAGE. 12 same ownership for at least 10 years. For comparison, properties in the neighborhood had 75.9% of the total figures were also obtained for the city as a whole and number of sales in the five year period. for the "Lake Ida" neighborhood, a stable residential area located immediately west of the study area. The AGE OF BUILDINGS comparison of these three areas is shown in Figure 8, A criterion to determine the need for rehabilitation is below. From this chart, it appears that properties in the age of the buildings. With a median age of 42 the Seacrest/Del-Ida Park neighborhood have an years old, one-half of all buildings within the average turnover rate. neighborhood were constructed before 1955. Although Figure 8 new buildings are still being constructed, only 12.5% Percentage of Properties Owned for 5 and l0Years are less than 30 years old. Given their age, it is Seacrest/Del-Ida Park, Lake Ida and Citywide unlikely that most buildings meet current life safety regulations with respect to smoke detectors, emergency ~ 80 ~.~ ~ 7~ egress escape windows, hurricane anchorage, electrical ~:40~ iii iiii!~ items would be appropriate in this neighborhood. ~ 20 '~ 0 ~ ~ The following chart gives a breakdown of all buildings s Y,~* ~0 Y,~-,, within the neighborhood by age. As shown the chart, [ElSeacrest/Del-lda Park EgLake Ida E~Citywide[ there are 105 buildings in the neighborhood over 50 years old. Geographically, 45 (42.9%,) are located within the Del-Ida Park Historic District (see Figure Of the 272 properties (31.6%), which sold in the last page 8 for district boundaries). The remaining 60 five years, 44 properties changed hands twice and 6 buildings are located outside the historic district sold three times. Figure 9, below shows the number of without protective regulations in place to preserve property sales by type of development for each of the their historic value. Of these 60 buildings, 55 (52.4%) last five years. As shown in the chart, the figures vary are located within the Dell Park subdivision. slightly from year to year, with no significant trend being evident. 1995 had the largest number of total Figure 10 sales with 82 or 9.53% of all neighborhood properties. Building Age 1996 had the smallest number with only 49 sales or Seacrest/Del-Ida Park Neighborhood 5.70% of all properties. 397 4oo Figure 9 Property Sales -:.:-:. Seacrest/Del-Ida Park Neighborhood (1992-1996) t~ ~ ':':':" 70 - 63 · ....... :.:.:.', s~ :.:.:.:. :.:.:.: s0 4s ~ -:-:-:-: .:.:-:-: Z 1~o :.:.:.;.~ :-:-:-: 40 35 58 :Z;;;::: ::¥:¥ 62  30 . 14 ¥fi;;; ':-i':-; 14 0-9 10-19 20-29 30-39 40-49 50~9 60-69 70+ 10 6 3 9 6 $ 6 6 7 8 Building.Age(Yea-s) ~,.,so~ POLICE CRIME REPORT [IBSingle Family IgDuplex/MF I-INon-Residential I~ UndevelopedI The Delray Beach Police Department maintains crime figures for the City tabulated by a number of patrol It is important to note that although the actual number grids. The study area is located within five grids (20, of sales vary considerably by type of development, the 30, 60, 90, and 240). The crime statistics shown in figures are proportional to the number of properties in Table 6 are compiled from the statistics for those five each land use. For example, single family grids which represent approximately 3.5% of the total development, which accounts for 74.5% of all city area. While they do contain properties outside the study area, these grids are primarily made up of SEACREST,/DEL-IDA PARK NEIGHBORHOOD PLAN EXISTING CONDITIONS PAGE 13 properties within the area. The statistics include five development. The development fronts on Federal categories: Part-1 Property Crimes, Part-1 Persons Highway, which puts the rear of buildings and service Crimes, Narcotics Arrests, Nuisance Calls, and areas facing Dixie Highway and the neighborhood. Suspicious Events calls. Part-1 Property Crimes These areas are visually unattractive, and generate includes arrests for auto theft, burglary, and larceny, noise within the neighborhood. Part-1 Persons crime includes arrests for homicides, assault andbattery, sexcrimes, and robbery. Narcotics In addition to the commercial development, the arrests include all arrests for drug offenses, transportation corridor itself, consisting of the Florida Nuisance/suspicious events calls are reports of East Coast Railroad, Dixie Highway and N. Federal activities such as unlawful assembly, noise, disorderly Highway, generates considerable noise and traffic conduct and intoxication, unlawful discharge of a which detract from the quality of life within the firearm, trespassing, loitering, and prostitution reports, neighborhood. Table 4 Buffering the neighborhood from these nuisances by Seacrest/Del-Ida Park Neighborhood means of a landscaped corridor along the railroad Police Incident Calls by Type 1994-1996 could be a worthwhile strategy to help stabilize the neighborhood. Landscaping would provide a visual ~ ~ii~-~~ ~l~t~ ~iii~!~ ~a~a~:,~:l ?~i i!~i separation as well as a means to attenuate the noise. Part-1 Property 221 0.61 270 0.7~= 200 0.56 Consideration must also be given to eliminating ~art-1 'ersons 25 0.07 40 0.11 39 0.n excessive through-traffic on residential streets in the Narcotics 2 0.01 7 0.02 6 0.02 neighborhood which are headed for the commercial Nusiance/ corridor. Suspicious 224 0.62 255 0.71 193 0.54 Traffic 572 1.59 565 1.57 452 1.26 To~,~s ~,0t4 2.90 ~,~37 3.~ 690 2.4~ NON-CONFORMING LOTS AND USES CityWide 25,339 2.47 24,230 2.3/ 24,825 2.42 Existing development within the neighborhood was examined for deficiencies with respect to meeting Source: City of Delray Beach Police Department today's land development code regulations. Lots were surveyed for such characteristics as land use, lot size, The number of police calls in the area increased by width, building size, meeting minimum parking 8.9% between 1994 and 1995 but dropped sharply in standards and landscape compliance. 1996 to 14% below the 1994 level. Overall, between 1994 and 1996, calls in all categories, except Part-1 Non-Residential Uses Persons crimes decrease. All non-residential land uses within the neighborhood Compared to Citywide figures in 1996, the number of were found to be consistent with respect to use within their respective zoning district. However, problems incident calls per acre was only 2% higher with 2.47 calls per acre. This indicates that the neighborhood with respect to other code requirements were identified within the NC-Neighborhood Commercial does not have a serious crime problem. Although the zone at the intersection of NE 22~a Street/Pineridge majority of the reported crimes are non-violent in nature, these types of activities affect the quality of life Road and Seacrest Boulevard. The problems include for neighborhood residents, lack of landscaping and parking design. The Domino's Pizza/Convenience store building has PROXIMITY TO NUISANCES parking which currently backs out into the adjacent The Seacrest/Del-Ida neighborhood is adjacent to a road rights-of-way. These uses generate a signfficant number of properties and transportation facilities that amount of traffic at the intersection. Without a affect the stability of the neighborhood. These include separation between the parking lot and the roadway, proximity to commercial/light industrial uses along parked cars at the businesses back out right into the the Dixie Highway/N. Federal Highway commercial roadway and right turns from Seacrest Boulevard onto corridor and train traffic on the F.E.C. Railroad. Pineridge/NE 22`a are made through the parking lot. This creates serious traffic conflicts at the intersection Directly to the east of the neighborhood is an existing and is a hazard to oncoming motorists. The parking lot commercial corridor with uses including automotive should be redesigned to eliminate this conflict or sales and repair, restaurants and strip commercial alternative parking should be provided. SEACREST./DEL-IDA PARK NEIGHBORHOOD PLAN EXISTING CONDITIONS PAGE 14 Residential Uses the neighborhood. In most cases, the number of spaces All existing single-family development within the are maximized with the entire roadway frontage neighborhood is conforming with respect to use. covered in asphalt without the benefit of landscaped However, 345 single-family lots (53.4%) do not meet breaks between spaces. This degrades the appearance the minimum lot size and/or lot width requirements of the area, affects drainage and encourages speeding. within their respective zoning category. The Land Development Regulations address this issue with CODE ENFORCEMENT respect to the use of lots within recorded subdivisions. Staff examined City records for the period of January These "Lots of Record" may be used for purposes 1991 to September 1997 to determine the presence of allowed within the zoning district, as long as they building and property code violations that would comply with al/ other requirements of the district. It constitute a blighting influence. The violations should be noted that these provisions exclude duplex included conditions such as the presence of debris, and multiple-family structures constructed on lots overgrowth, abandoned vehicles, non-compliance with which are less than 8,000 sq. ft. in size. There is also a landscape codes, and uses being conducted on the limitation that single-family lots have at least 50' of property that are not permitted. During that period, frontage. All single-family lots within the 2,729 calls were made for one or more of the above neighborhood meet this requirement, conditions. Of the 108 duplex parcels within the neighborhood, 93 Table 5 (86%) are non-conforming. Two parcels are located in Seacrest/Del-Ida Park Neighborhood the R-I-AA district, which does not permit duplexes. Code Enforcement Incident Calls by Type (1991-1997) Of the remaining parcels, 65 (61%) are non-conforming with respect to lot size (i.e. less than 8,000 sq. ft.), 4 parcels (4%) do not meet minimum lot width A~anaoneaVehi~e~nim.l Control 640 4~0! 2465 lOle2 10383 2353 25137~ requirements (i.e. less than 60 ff. wide) and 22 parcels a ..... ~Vio~aUon S~ m, tg~ m ~e m ;0: (21%) are non-conforming with respect to unit size (i.e. no,,~ Coae s 27j 18 1~ 6 6 72 Landscapinl~ 2 1071 2 (~ 3 7 121 less than 1,000 sq. ft.). :N.~i .... 455 214 124 131 146 130 1,20( Unsafe Structure 2 1 0 ~ 1 3 Totals 581 523 430 423 438 334 2,72t, All multi-family development within the neighborhood was found to be non-conforming with respect to density. Within the RL zone (3-6 du/acre), three multi- The location of each property within the neighborhood family buildings have densities between 19 and 27 was examined with respect to the number of incident du/acre. Within the RM zone (6-12 du/acre), 1 multi- calls generated. Generally, the number of incident calls family building has a density of 20 du/acre and four was lower in areas of the neighborhood with primarily others have a density of 40 du/acre. Two multi-family single-family residential development; whereas, the number of incident calls was significantly higher in buildings within the neighborhood are located in a zoning districts which does not permit the use. Both of areas where duplex and multi-family development is these buildings are located in the Del-Ida Park prevalent. To further illustrate this point, three areas subdivision, within the RO-Residential/Office zoning of the neighborhood were selected for comparison with district, the neighborhood as a whole. The information is illustrated in the chart in Figure 11, below. The Overall, the development of duplex and multi-family following areas were selected for comparison: units on small lots within the neighborhood has created the appearance of over-crowding on many u Dell Park West (R-l-AA zoning) - primarily single- streets. This is best evidenced by the excessive number family development) of parked cars in these areas. Most of these uses were u Dell Park East (RL zoning) - a mix of single family, found to be deficient with respect to number of duplex and multi-family development) parking spaces and/or parking lot design. Where ~ NE 3~a Avenue, north of NE 14th Street (RM adequate spaces do not exist in off-street parking lots zoning) a mix of duplex and multi-family or immediately in front of these uses, parking has development with a few single-family homes. spilled onto front yards and into the swales of adjacent single-family development. As shown in the chart, the number of incident calls per dwelling unit in the mixed-residential Dell Park East Back-out parking onto adjacent roadways is the typical was 53% higher than in the predominantly single- parking arrangement for duplex development within family Dell Park West. The duplex/multi-family area SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN EXISTING CONDITIONS PAGE 15 on NE 3rd Avenue was 74% higher. It should be noted according to a 1997 count. This figure is well below its however, that these figures do not adequately illustrate design capacity of 29,400 ADT. Loss of the tourist the magnitude of the problem. Since the perception of market, marginal business and blighted conditions blight is more directly related to the concentration of have resulted in declining traffic volumes for the North these types of violations within a given geographic Federal Highway corridor. In fact, traffic volumes area, comparisons based on the number of properties have dropped nearly 14% since 1990. or land area are more meaningful. As illustrated in the chart, the number of incident calls per property in the The City has taken steps in recent years to help mixed residential Dell Park East was more than twice stabilize the North Federal Highway area. Following that of the single-family area. The duplex/multi- the enclave annexations, City water and sewer services family area on NE 3rd Avenue had nearly four times were extended to most properties. In 1995, the last the number of calls per property as the single-family County "pockets" along the North Federal Highway area. Comparisons based on acreages yielded even corridor were annexed into the City. greater disparities. It is this high concentration of problems associated with these types of code violations Private investment has also increased in the past few that has led to the blighted conditions within the years. New development and redevelopment in the duplex and multi-family areas of the neighborhood, area include: Kokomo Key, a 133 unit townhouse development; the Irish Cottage, a new restaurant in a Figure 11 formerly vacant structure; and expansions of the Dee- Seacrest/I)el-Ida Park Neighborhood Carr Patio Furniture outlet and Elhe's Diner. Code Enforcement Incident Calls Per Property, Per Unit, and Per Acre (1991-1997) The City and CRA are preparing a redevelopment plan to build upon the recent advances and help speed up ,o ~ ~ ~~o~~'~7'/-~~ the revitalization of the North Federal Highway 35. Corridor. A revitalized North Federal Highway will ,s. mean increased business activity and increased traffic, 2. both for the corridor itself and for the adjacent ,5 ,.., neighborhoods. Since the Seacrest/Del-Ida Park ~.. L., t.. ~ neighborhood is already experiencing problems 5. -5 ~.,. associated with non-residential through traffic bound ~ ~ .... ~'///,~,~.:.~.:.:~l~ ~ r////~j+:.:.~ r///,,~ ~ for Federal Highway, the problem must be addressed 1}~11 Pa~ I~11 pazk E~t NE3ni w.~,-~.~ ~ A,.,---O~ now. lEI Calls per Property [] Calls per Unit [] C~lls per Acre] Since the County does not collect traffic counts for local roadways within the neighborhood, the City installed TRAFFIC AND TRANSPORTATION its own counters to measure volumes and speeds for selected roadways during September and October of Within the neighborhood, the streets are laid out in a 1997. This information is illustrated in Table 8, below. traditional grid pattern with right-of-way widths of generally 50'. All of the rights-of-way are improved Table 6 and streets are generally in good condition. Proposed 1997 Traffic Counts improvements to the existing street system will be Seacrest/Del-Ida Park Neighborhood discussed in the "Plan Implementaffon' section of this report. Tra~¢ Counts 440 N. Swinton Avenue 6,435 north/9,480 south 38.94 1305 N. Swinton Avenue 4,166 north/7,547 south 39.30 The Palm Beach County Engineering and Public Works 1500 N Swinton Avenue 3,955 north/6,822 south 39.26 Dept. and the Metropolitan Planning Organization of 1907 N Swinton Avenue 3,340 north/6,105 south 39.38 Palm Beach County maintain traffic counts on all State 1012 NE 2-a Avenue 3,973 north/3,070 south 33.29 and County Roads. Within the general area of the 1907NE2-a Avenue 2,892 north/3,237 south 38.63 Seacrest/Del-Ida Park neighborhood, counts are only George Bush Blvd (w of rr) 3,358 east/3,278 west - NE 14th (west of railroad) 1,270 east/I,136 west - available for Federal Highway and George Bush 101NE13t~ Street 202 east/214 west 30.34 Boulevard. Federal Highway is the most heavily 108 NE 22~a Street 4,133 east/I,963 west - traveled roadway segment in the area with 222 NE 22-a Street 530 east/I,129 west 32_86 approximately 20,161 average daily trips (ADT) 240 NE 22-a Street 436 east/790 west 34.73 SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN EXISTING CONDITIONS PAGE 16 As depicted in the table, Swinton Avenue is the most access to a number of destinations within Pall Beach heavily traveled roadway within the neighborhood County. Bus Stops are conveniently spaced along the with a northbound/southbound traffic split of corridor with 8 stops northbound and 5 stops 48%/62%. The figures also indicate that a significant southbound on Swinton Avenue. Buses run from 6:00 amount of the traffic carried on Swinton Avenue is AM to 9:00 PM on weekdays with a 30 minute bound for the residential neighborhoods on either side headway, 7:30 AM to 7:30 PM on Saturday and 9:30 of the roadway between NE 4th Street and NE 19th AM to 5:00 PM on Sunday, both with a 60 minute Street. Northbound traffic entering the neighborhood headway. accounts for 3,095 vehicles or 48% of the total volume. Similarly, southbound traffic follows a similar pattern Traffic Goncorrency with 3,375 vehicles or 36% entering the neighborhoods. Residential development, east of 1-95 is exempt from traffic concurrency standards. New non-residential NE 2na Avenue/Seacrest Boulevard is the second most development or redevelopment must meet traffic heavily traveled roadway in the neighborhood, concurrency standards. Although a portion of traffic on this roadway is also bound for the residential neighborhood, the percentage WATER AND SAH~IARY SEWER SERVlGE of through traffic is much higher than on Swinton Avenue. Water service is provided by the City throughout the neighborhood area. A network of mains distribute Excessive speed is a major problem on both North water to all properties in the study area. The existing Swinton Avenue and NE 2nd Avenue. The combination mains are adequate to provide service for existing as of speed and higher volumes during peak hours often well as anticipated development. Figure 12 (page 17) makes it difficult for vehicles to enter traffic from the shows the existing water service network in the area. homes fronting on these roadways and from neighborhood streets. Commercial truck traffic, public Sewer service is provided to the area by the City, in bus stops, school bus pickups and trash pickups during conjunction with the South Central Wastewater peak hours add to the problem. Treatment Facility Board. A network of sanitary sewer mains serves most parcels in the area. Extensions of Access is provided to the N. Federal Highway corridor the existing mains may be required for the via the George Bush Boulevard and NE 14~h Street development of some parcels. Figure 13 (page 18) railroad crossings with George Bush Boulevard taking shows the existing sanitary sewer service network in the area. the majority of the traffic. Although volumes are significantly lower at the NE 14th Street crossing than at George Bush Boulevard, it should be noted that every StORt,~ WATER GOL[.ECT~OH car utilizing this crossing must travel through the The City adopted a Stormwater Master Plan in 1993 neighborhood on local residential streets. This fact is (revised in 1994). The plan identifies the storm illustrated in the figures for NE 13th Street, which has a drainage level of service (LOS) in all areas of the City traffic volume of 416 vehicles a day on a roadway with and identifies locations requiring improvements. The only 13 homes, following description of storm drainage in the area is based on the adopted Stormwater Master Plan. NE 2na Street is a natural crossover point between Swinton Avenue and Seacrest Boulevard. High The neighborhood area slopes to the east from volumes and adjacent parking lots which conflict with elevations as high as 25 feet N.G.V.D. at Swinton traffic at the intersection at Seacrest Boulevard create a Avenue to elevations as low as 17 feet N.G.V.D. at the serious traffic hazard in the area. A solution should be F.E.C. Railroad. The area is not currently served by a found as soon as possible, before construction of the positive drainage system. Several flood prone and Seacrest Athletic Facility at the intersection adds to the problem areas were identified in the plan. These areas problem, are located in the eastern portion of the area, along the railroad tracks. Public Transportation Mass transit in the neighborhood area is provided by Developed areas of the City with no positive drainage Palm Tran. The City of Delray Beach is served by five system, but where drainage problems have not been Palm Tran Bus routes. Although only one of these identified, are assigned a LOS Standard "D'. Where routes (Route 70) has stops within the neighborhood, significant drainage problems have been identified, an transfer locations along the route give passengers LOS Standard "E" is applied. The applicable LOS HD~nHD 3Hi $.IN~DN~ 1S C /S.W. 36TH AVE. ~ ' ' ~" ' ' w ' ' ~ ' ' w ' ' ~ ' ' ."" ' SEACREST BL VD. : PRESBYTERIAN ~ CHURCH ~ CHRISTIAN SCHOOL '* ~ . T~NNIS COURTS : ,,,.w. 2,~. ~,-. '~u/"[- ~oOU FOOTBALL FIELD EDEN ~' UNITY CHURCH AND EL EMEN TAR Y ~ SCHO0~ I I I I I I M.S.A. TRACT DELRA Y SWAP SHOP I L. ,c,T~.¥~ .... PLUMOSA KOKOMO KEY ELEMENTARY SCHOOL L N.W. M.S.A, TRACT ROYAL PALM RLVD. LAKE A~UE N. i AVENUE LAKE AVENUE S. DENERY LANE ST. VlNCENT'S CHURCH L]~ N,E. 7'114 ST. ~ jz LS.A. tRACT HARBOR KINGS LYNN N.E.5TH CT, TRINITY ~' 5'rH L U THERAN A K E I D A R 0 A D BEAC~DmvE METHODIST CHURCH N SEAC -IDA PARKNEIGHBORHOOD ,,o. o ~,-~ o,',:,,',,A¥,,,',,c.. ~. - WATER MAP - PLANNING & ZONING DEPARTMENT 75' 200' SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN EXISTING COND/T/ONS PAGE 19 Standards for the neighborhood are "D" and "E". The downtown. Public improvements will be discussed in roadway design standard for LOS "D' or 'E" is less the "Plan Implementation" section of this report. than a 3-year, 24-hour storm event. The potential impacts from such an event are ponding with moderate (less than 12 hours) duration and general inconvenience for LOS "D" to ponding with relatively long duration(greater than 12 hours) and inaccessible sections of roadways for LOS "E'. The City has programmed projects to correct the deficiencies and achieve a Level of Service "C", with funding to come from the Stormwater Utility Fee, a non ad-valorem tax added to the property tax bill. A description of the proposed improvements for the neighborhood is included in the "Plan Implementation" Section. ELECTRICAL AND TELEPHONE DISTRIBUTION Telephone and electric services are provided to all neighborhood properties from existing lines located in road rights-of-ways. Although no deficiencies or required upgrades are noted at this time, the visual appearance of overhead utility lines is degrading to the appearance of the area. These lines should be relocated underground on all new projects. Street Lighting Despite the presence of adequate electrical service in the area, many residents expressed concerns regarding street lighting in the area. Plans for additional lighting improvements are discussed in the "Plan Implementation" Section. FIRE PROTECTION Fire protection is provided from Station #1 on West Atlantic Avenue. The station provides adequate service to the entire neighborhood with a 3 to 7 minute average response time. Hydrant Distribution Fire hydrants are distributed throughout the study area. LDR requirements for hydrant spacing are a maximum of 500 feet in residential areas, 400 feet in multi-family residential areas, and 300 feet in commercial areas. Those spacing requirements are met for most of the area. STREETSGAPING The appearance of the rights-of-way in the study area has been cited as a problem by several residents. The installation of streetscape improvements is an important factor in revitalization as proven by the impact of Atlantic Avenue beautification on the SEACREST/DEL-IDA NEIGHBORHOOD PLAN PLAN IMPLEMENTATION PAGE 20 THE VISION o Improvement of the physical appearance of the neighborhood through enhanced police activity, The essence of what the neighborhood is striving to code enforcement and beautification. become is represented in the following vision statements: FUTURE DEVELOPMENT OPPORTUNITIES a The Seacrest/Del-Ida Park neighborhood has a Given the limited amount of vacant land, future strong communication link and working development in the Seacrest/Del-Ida Park relationship with the City of Delray Beach Neighborhood will coi~sist primarily of small parcel infill development and redevelopment. u The Seacrest/Del-Ida Park Neighborhood has a strong identity within the City as a clean, safe, RESIDENTIAL DEVELOPMENT attractive environment in which to live and raise Most of the neighborhood contains housing that is at children, least 40 years old. Given their age, it is unlikely that most buildings meet current life safety regulations with [] The Seacrest/Del-Ida Park Neighborhood consists respect to smoke detectors, emergency egress escape primarily of well-maintained owner-occupied windows, hurricane anchorage, electrical wiring, etc. single family homes on attractively landscaped This plan recommends the creation of an incentive lots. program to upgrade these items. u The Seacrest/Del-Ida Park Neighborhood roadway Within some parts of the neighborhood, there is an system provides for excellent access and traffic flow while maintaining traffic volume and vehicle inappropriate mix of small-parcel duplex and multiple family development with single family residences. A speeds atlow levels onresidentialstreets, major concern of neighborhood residents is the continuation and potential expansion of this o The Seacrest/Del-Ida Park Neighborhood provides development pattern. Over 75% of the residential units for excellent pedestrian access in and around the in the areas where this development pattern occurs are neighborhood, rentals. Unfortunately, the combination of apathetic landlords and unmotivated tenants has resulted in m The Seacrest/Del-Ida Park Neighborhood contains many deteriorating duplex and multi-family a significant number of preserved historic properties. Lack of building maintenance (painting, structures which contribute to the charm and window and door repair, etc.), inadequate and character of the whole neighborhood. overgrown landscaping, crowding and overparking are the major problems. Combined, these problems ~ The Seacrest/Del-Ida Park Neighborhood provides have a blighting influence on adjacent single family space for children to play outdoors in a safe, homes. As a result, many of these homes have also controlled environment, converted to rentals--the problems escalate and the ~ The Seacrest/Del-Ida Park Neighborhood provides blight spreads. the opportunity for compatible business Single-family homes in the neighborhood are generally development and redevelopment in select areas, in good condition with isolated instances of structural decay. However, there are a number of properties The purpose of this plan is to develop regulations and with front yards in need of landscape improvements strategies to guide the neighborhood in the direction such as installation of sod or other ground cover and prescribed in the above vision statements. This equates planting of decorative shrubbery. to the three main proposals of this Plan: u Elimination of the problems associated with small It is the intent of this plan that all new residential development or redevelopment, not located within the lot duplex and multi-family development. Del-Ida Park Historic District be single-family Prohibition of new duplex and multi-family detached housing. FLUM and zoning will be amended development north of George Bush Boulevard. where necessary to support this goal. Within Del-Ida Park's RO and RL zoning districts, low density multi- [] Reduction of the negative impacts associated with family and/or duplex development will continue to be through and non-residential vehicular traffic on permitted under the control of the Historic local residential streets. Preservation Board. SEACREST/DEL-IDA NEIGHBORHOOD PLAN PLAN IMPLEMENTATION PA GE 21 Housing Improvement Programs SHIP Program. This is a State program. Although the There are a number of existing City and CRA City currently utilizes all its SHIP money within the programs which are available to improve housing in CBDG area, the program allows funds to be used to the neighborhood. These include: provide grants or loans for rehabilitation of existing homes throughout the city. These funds could be used Bootstrap Program. A City program created to help in the neighborhood to create-home ownership improve the exterior of owner-occupied single family opportunities for very low, low and moderate income households. This issue is addressed in Policy B-1.3 of homes. The program targets certain areas each year so that whole neighborhoods can be improved, the Housing Element of the Comprehensive Plan as Qualification for the program is based on income level, follows: The focus for the Seacrest/Del-Ida Park neighborhood will be on yard clean-up and landscaping work. The City will utilize funds available from state and federal programs such as HOME and SHIP to Subsidized Loan Program. A CRA program available create home ownership opportunities for very low, [ow and moderate income households. These funds to single and multi-family properties for exterior improvements. The loans are for a five-year period will be made available citywide in order to avoid a with all interest paid by the CRA. There are no special concentration of affordable housing in specific areas qualifications except that the property must be located of the City. within the CRA district. This includes about one-half Duplex Conversion Program. The "Del-Ida Park and of the neighborhood area. The loans themselves are Seacrest Neighborhood Improvement Plan" program in the not made by the CRA-they are made by private lending institutions with the CRA paying the interest CRA's Community Redevelopment Plan includes a up-front. Therefore, applicants must meet the lending work element to develop and fund a program to convert duplex structures to single family residences institution's underwriting requirements, within the neighborhood. Since the majority of duplex rentals within the neighborhood are income properties The CRA currently commits $100,000 per year for the owned by absentee landlords, the number of owners interest subsidy. Loans are made on a first-come, first- who might take advantage of a program of this nature served basis until the subsidy runs out. There are is probably very Iow. several banks participating in the program. Applications are available from the CRA office. On the other hand, there are quite a few duplexes in HOPE-3 Prograrr~ This is a federal program in which the neighborhood in which the owner lives in one half the City purchases single family homes obtained and rents the other. Generally, these units tend to be through HUD foreclosures. These properties are better maintained. The program might have a greater rehabilitated and then resold for owner-occupied impact if it were modified to include incentives to housing with a zero interest, no-payment second promote this type of home ownership. Additionally, mortgage that is forgiven after 20 years. The City has funds from the SHIP Program could also be used for already purchased two such properties in the this purpose to create owner-occupied units. neighborhood. One is located at 239 NE 9th Street and Rental Housing Assistance. During the "Evaluation the other is located at 264 NE 14th Street. and Appraisal" of the City's Comprehensive Plan, The In addition to these existing programs, this plan Housing Task Team noted that since the recommends several new programs or expansion of discontinuance of the federally funded Rental Rehabilitation Program, there is no assistance available existing city programs into the neighborhood. They include: for the rehabilitation of renter-occupied housing. It was suggested that a revolving short-term loan fund be established. Since 42% of the housing units are rentals, Housing Renaissance Program(expanded). This is an this program has the potential to make a significant existing program which does not currently include the Seacrest/Del-Ida Park neighborhood. The purpose is impact in the neighborhood. Policy A-8.4 of the to provide assistance to potential single-family home Housing Element of the Comprehensive Plan states as owners to construct new affordable housing. This plan follows: recommends that the program be evaluated for potential expansion in the neighborhood. In FY 97/98, the City will examine the possibility of establishing a revolving loan program to help subsidize the rehabilitation of rental properties. As SEACREST/DEL-IDA NEIGHBORHOOD PLAN PLAN IMPLEMENTATION PA GE 22 envisioned, the programwill consist of short term, loans are available for property acquisition or secured loans that will concentrate primarily on construction. The SBA can provide loans of up to 40% exterior improvements and the correction of code of the total cost of a project, with 50% provided deficiencies. A possible funding source for the through a direct bank mortgage, and 10% owner program is money received from the repayment of equity. The 10% equity requirement allows businesses the Auburn Trace UDAG. to retain more of their working capital rather than investing it in the business location. Additionally, the BUSINESS DEVELOPMENT interest rate for SBA financing is slightly below the market rate and repayment terms are more favorable Opportunities for new commercial development are very limited in the neighborhood. There are only 1.12 than for direct bank financing. acres of vacant land currently zoned for commercial uses, all of which is located primarily in Del-Ida Park Small Business Administration 7a Program. The SBA within the Residential/Office (RO) zoning district. 7a program provides financing for small businesses to There are also opportunities for additional commercial expand or modernize facilities; construct or purchase uses through redevelopment of existing single family new facilities; purchase equipment, fixtures, furniture homes or duplexes within this zoning district, or machinery; make improvements to leased property; However, many of the lots are too small to provide finance increased levels of receivable or inventory; or refinance existing debt. The SBA does not provide adequate off-street parking, drainage and open space. Demolition of existing buildings to provide these items direct loans, but guarantees loans from commercial is expensive. Given these constraints, it is unlikely that lenders. Although loans obtained through the 7a many conversions will occur without public program do not have interest rates below market intervention, levels, they do have longer repayment terms than non- program loans. The SBA 7a program can also help In order to facilitate business development in the RO businesses that lack collateral to obtain financing, if district, the "Del-Ida Park and Seacrest Neighborhood requirements for owner equity, management ability, Improvement Plan" program in the CRA's Community and cash flow are met. Redevelopment Plan includes a program element to improve the appearance of selected streets. It has CRA Subsidized Loan Program. This program is already prepared designs for new sidewalks, lighting available for businesses within the CRA district. The and landscape improvements on NE 3ra Street and program was originally developed in 1990 as an George Bush Boulevard. If the residents and incentive for property owners to upgrade the businesses on these two streets agree to the proposal a appearance of their properties. The program was special assessment district will be formed to pay for the expanded in 1992 to include loans for the creation of improvements. Although these improvements will new businesses and interior modifications to existing provide a major boost to the visual appearance of the structures to accommodate new businesses. area, redevelopment will still be difficult due to inability to provide adequate off-street parking. It is Historic Facade Easements. The CRA provides the recommendation of this neighborhood plan that the financial assistance for owners of historic structures to CRA consider acquisition of one or more parcels within maintain and improve those structures in the form of the RO district to provide off-street parking. It is Historic Facade Easements. The property owner sells recommended that funding for this parking be an easement over the facade of the structure to the provided by the CRA. The parking spaces would then CRA, giving the agency control of the appearance of be sold to adjacent properties who wish to redevelop the facade. In exchange for that control the CRA their properties or convert existing homes to non- provides funding assistance for renovations to the residential uses. facade. In order to qualify for Historic Facade Easements, property owners must designate their Business Assistance Programs structures to the Local Register of Historic Places. At this time, the program is limited to properties located There are a number of existing programs which are within the Central Business district. The CRA should available to businesses in the neighborhood. These consider expanding the program to include include: commercial conversions of historic properties located within the Del-Ida Park RO zoning district. Small Business Administration 504 Program. The Small Business Administration (SBA) 504 program Site Development Assistance Program. This CRA provides real estate loans for small businesses. These program provides limited funding in the form of SEACREST/DEL-IDA NEIGHBORHOOD PLAN PLAN IMPLEMENTATION PA GE 23 CITY OF O£LRAY EI£ACH, FL 200' 500' PLANNING z,. ZONING DEPARTMENT m aa m ~ m m ImSTUDY AREA - PROPOSED DISTRICT -- Z;/c/rAL a~s£ ~ s~rE~ -- [ '. . ". ". I EXPANSION AREA [~'////////////x//] EXISTING DEL-IDA PARK H~STOR~C O~ST"~CT ......................... crTY UM~TS SEACREST/DEL-IDA NEIGHBORHOOD PLAN PLAN IMPLEMENTATION PA GE 24 grants or loans to cover land development costs Historic District is depicted on the "Historic District associated with new development or redevelopment. Map" (Figure 14, page 23). The program helps subsidize costs of site development such as site design and engineering. FUTU RE LAN D USE Adoption of the Neighborhood Plan will require two HISTORIC DISTRICT EXPANSION amendments to the City's Future Land Use Map and a Historic districts provide a legal framework and number of amendments to the Comprehensive Plan. incentive for protecting the historic buildings within Those amendments will be adopted as a portion of the district. Historic designation can give a sense of Comprehensive Plan Amendment 98-1. identify to a neighborhood and instill pride in residents. It can also help to stabilize and improve The Seacrest/Del-Ida Park Neighborhood is currently property values. The City's use of historic designations assigned five Future Land Use Map (FLUM) as a tool to improve neighborhoods is depicted in designations. Although the designations will be Policy A-10.2 of the Housing Element of the unchanged for most parcels in the neighborhood, it is Comprehensive Plan, stated as follows: the recommendation of this plan that 35 parcels on NE 3,a Avenue be changed from "Medium Density The City will promote the use of historic Residential" to "Low Density Residential". designations as a revitalization tool in its Additionally 6 parcels, located north of NE 22.a Street, preparation of Neighborhood Plans for those areas will be changed from "Transitional" to "Low Density which have a significant inventory of historic Residential." The "Proposed Future Land Use Map" structures, for the neighborhood area is attached as Figure 15 (page 25). When historic properties are properly cared for and rehabilitated, they can make important contributions to In addition to the above changes, amendments to the the quality and variety of the environment. The City of Comprehensive Plan text will also be made to Delray Beach and Palm Beach County have established accommodate the provisions of the Neighborhood Plan a property tax abatement program available to owners and provide the means for implementation. Processing of historic properties located within historic districts or of these amendments will be undertaken by the individually designated. The exemption, which is Planning and Zoning Board and City Commission designed to encourage private investment in historic concurrent with consideration of the FLUM properties and neighborhoods, is available for 100% of amendment. the assessed value of improvements for a period of 10 years. ZONING MAP AMENDMENTS Within the Seacrest/Del-Ida Park neighborhood, there Most parcels within the neighborhood area will retain their current zoning. However, implementation of the are 60 structures over 50 years of age which are not now located within a historic district. Fifty-five of neighborhood plan will require rezoning of some these structures are located between George Bush parcels in the area. The "Proposed Zoning Map" for Boulevard and NE 13th Street within the Dell Park the Neighborhood Area is attached as Figure 16 (page subdivision. This represents 24% of all structures 26). within that subdivision. Additionally 56% (130) of all structures, within this same area are over 40 years old. The proposed rezonings include: Overall, this represents a significant amount of potential historic or soon to be historic buildings which u Rezoning of 34 parcels from RM to R-I-A; do not have the benefit of protective regulations in place to preserve their historic value, u Rezoning of 2 parcels from RL to R-l-AA; and It is the recommendation of this plan that a historic u Rezoning of 134 parcels from RL to R-1-A evaluation of the buildings in this area be conducted. If the results of the study indicate that it is warranted, The rezonings from RM to R-1-A will be on the east the historic district boundaries should be expanded side of NE 3ra Avenue, north of NE 14th Street. The north of George Bush Boulevard to include the Dell existing density of the residential development on these parcels is 13.22 units per acre. Single-family Park subdivision. The proposed expansion of the zoning (R-l-AA) exists west of this area and six parcels SEACREST,/DEL-IDA NEIGHBORHOOD PLAN PLAN IMPLEMENTATION PAGE 25 / LDR LDR ~. ~, ~ r.. / MDR 1 CFC '~ I -- CF-S,=~,,*.~ MDR . MDR ......... ' .... / ~ [ LDR LDR TRN CF-C ,,. / LDR N SEACREST/DEL-IDA PARK NEIGHBORHOOD i~oo, o ~..~.,c sc. II ,ooo} c~o~o[c.~,[~c., ~c - PROPOSED FUTURE ~ND USE - ~oo, PLANNING & ZONING DEPAR~ENT I m m m m m m -- DIGITAL ~SE ~P S~TEM -- ~~ -- AR~ PROPOSED FOR CHANGE SEACREST/DEL-IDA NEIGHBORHOOD PLAN PLAN IMPLEMENTATION PA GE 26 ...... R-l-AA / / CF / / / ~AC I .... RL  i r J , R-I-A~ OSR .... ~ N SEACREST/DEL-IDA PARK NEIGHBORHOOD ,oo. o GRAPHIC SCALE C~TY ~ O~LR~ ~cu. rL -- PROPOSED ZONING - 200' o PLANNING & ZONING DEPAR~ENT I I m I I ~ I ~UDY ~ --- DIGITAL ~Sg ~ E~TEM -- ~ - AR~ PROPOSED FOR CHANGE ~'~'~ Nm FEDE~ O~R~Y~ SEACREST/DEL-IDA NEIGHBORHOOD PLAN PLAN IMPLEMENTATION PAGE 27 to be rezoned are currently developed as single family maintained swales which have become built up over homes, the years. Street lighting is provided, but the lighting level is inadequate in many areas. The following The 2 parcels to be rezoned from RL to R-I-AA are section outlines the proposed infrastructure located on NE 22 Street. These two parcels are the only improvements in the area. properties in the area zoned RL. They are surrounded on three sides by single family homes zoned R-l-AA. Traffic Circolation The existing density of the residential development on Vehicular Traffic Circulation. Traffic problems within these two large parcels is only 1.76 units per acre. the neighborhood include speeding on NE 2nd and Swinton Avenues as well as on local residential streets, The remaining rezonings are located east of NE 2"a lack of observance at stop signs, and non-residential Avenue (Seacrest Boulevard), between George Bush through traffic to Federal Highway on NE 13th Street, Boulevard and NE 13th Street. The area contains a mix NE 14th Street and NE 16t~ Street. Policy C-I.1 of the of single-family homes, duplexes and multi-family Transportation Element of the Comprehensive Plan structures. The areas to the north and west are zoned addresses this issue as follows: R-l-AA Single Family. The existing density of the residential development in this area is 9.47 units per Efforts shall be made to limit excessive through- acre. For comparative purposes, the density of the traffic and nonresidential traffic on local roads single-family area immediately west of NE 2na Avenue within residential neighborhoods. Where a problem is 4.54 units per acre. with such traffic is specifically identified, it should be addressed through the utilization of traffic The rezonings will be considered by the Planning and calming measures, such as round-a-bouts, medians Zoning Board and City Commission concurrent with or and speed humps. shortly after consideration of the FLUM amendment. The intent of the policy is clear--this type of traffic has LAND DEVELOPMENT REGULATIONS a negative impact on the quality of life in residential Processing of LDR text amendments made necessary neighborhoods and must be controlled. The following by the Neighborhood Plan will be initiated measures are recommended to help alleviate the immediately following the adoption of the plan. problems associated with vehicular traffic in the neighborhood: Non-conforming Uses u Install traffic calming measures (speed humps), on As discussed in the "Existing Conditions" Section, there selected streets. At a minimum, speed humps are a considerable number of non-conforming should be installed on NE 13th Street, NE 14th residential structures within the neighborhood. Street, NE 16th Street, NE 22na Street, Dixie Additionally, many duplexes and multi-family Boulevard (between NE 2-d Avenue and NE 3Fa buildings will become non-conforming with respect to Avenue) and NE 3Fd Avenue (between George use as a result of the recommended rezonings. It is a Bush Boulevard and NE 22na Street).. Install round- goal of this Plan that residential properties in the abouts and divided roadways on selected streets. neighborhood be upgraded and improved. Article 1.3 The location of these improvements is indicated on of the LDR's, NONCONFORMING USES, LOTS AND the "Traffic Calming Measures Map" (Figure 17, STRUCTURES, places limits on expenditures for repair page 28). Consideration may also be given to and maintenance of non-conforming uses and installing a temporary street closure at the NE 14th structures. In order to prevent further decay, an Street railroad crossing until these traffic calming amendment to the LDR's will be initiated to increase or devices are installed. eliminate the current expenditure limits within the neighborhood, o Reduce the highway feel on local residential streets by removing additional pavement used for off- INFRASTRUCTURE IMPROVEMENTS street parking on all single family homes and Overall, the neighborhood has a fully developed multi-family structures where possible. infrastructure system. Street surfaces are repaved on a regular basis and repaired as needed. Although there ~ Evaluate the possibility of changing the caution are isolated areas with drainage problems, the area as a signal to a traffic light at Swinton Avenue and whole does not have a serious problem with flooding. George Bush Boulevard. Localized flooding on some streets is due to poorly SEACREST/DEL-IDA NEIGHBORHOOD PLAN PLAN IMPLEMENTATION PAGE 28 ~ SEACREST/DEL-IDA PARK NEIGHBORHOOD - TRAFFIC CALMING MEASURES - CITY OF OELRAY BEACH, FL 200' 500' PLANNING & ZONING DEPAR~ENT O - ROUND ABOUT X - DI~DED ROADWAY I - SPEED HUMP iiiiiii STUDY AR~ SEACREST/DEL-IDA NEIGHBORHOOD PLAN PLAN IMPLEMENTATION PAGE 29 u There is a need for stricter enforcement of speed the "Sidewalk System Map" (Figure 18, page 30). An limits on NE 2na Avenue (Seacrest Boulevard) and inventory of damaged or missing segments should be Swinton Avenue as well as on local residential prepared as soon as possible. The Homeowners streets. Associations have agreed to participate in this task. Repair of existing walks and installation of new walks ~ Ban through truck traffic north of NE 4th Street on should be included as part of an overall streetscape Swinton and NE 2na Avenue (Seacrest Boulevard). program for the neighborhood. Within this area, these are residential streets. This type of traffic should be using North Federal Public Transportation. Public Transportation in the Highway, Congress Avenue, orI-95, area has been greatly enhanced by the recent improvements to Palm Tran service. The increased ~ Remove conflictinglandscaping at the intersections routes and shortened waiting times for buses has where visibility is a problem, improved the accessibility and convenience of transit service to residents. Palm Tran may be supplemented ~ Require lawn maintenance companies to park in by the establishment of the City's in-town shuttle driveways where possible to avoid blocking traffic, service, which has been identified as a potential means of mitigating traffic in the City's Transportation ~ Install improved signage to route people around Concurrency Exception Area (TCEA). The shuttle the neighborhood to Federal Highway. system is currently proposed to serve primarily the downtown area, but additional links to North Federal o Convert Lake Court back to two-way traffic flow. Highway and adjacent neighborhoods could be considered if warranted. Pedestrian Traffic Circulation. Damaged sidewalks or lack of sidewalks on major roadways discourages $~r®ets¢ope walking around the neighborhood. Policy E-3.3 of the It is recommended that streetscape improvements be Public Facilities Element of the Comprehensive Plan made to the neighborhood which includes additional states as follows: street lights, street trees, repair of damaged sidewalks, the addition of new sidewalks, removal of illegal on- The City shall program installation of sidewalks on street parking, and the reconstruction of drainage an annual basis, with the goal of completing a safe swales. The Homeowners Associations should be and convenient sidewalk system throughout the involved in the location and design of all new facilities. City by the year 2000. Funding for the project would be shared by the City, CRA and the property owners. It is recommended that In reviewing the need for sidewalks within the the neighborhood create a property improvement Seacrest/Del-Ida Park neighborhood with residents, it district which, in turn, would be the legal entity with was determined that sidewalks are only wanted on the which the City would create a partnership. The major roadways within the neighborhood. Installation formation of a property improvement district would of sidewalks on many of the local residential streets give the owners a collective voice in improving their would require the removal of a significant amount of neighborhood. The district would contribute a portion old-growth vegetation, fences and wails. In blocks of the moneys needed to pay for the improvements. where a significant number of duplexes exist, the installation of sidewalks is difficult due to the large The swale areas, which by city code are the amount of back-out parking on the roadway. In both maintenance responsibility of the abutting property of these areas, the installation of traffic calming owners, are in poor condition in a large portion of the measures will slow traffic to a point where walking in neighborhood. Over t~rne these swales have filled up the roadway will be relatively safe. with soil to the point where they have lost the ability to carry stormwater runoff. Additionally, a significant The sidewalk system should be repaired and amount of swale area has been paved to provide on- completed on the major roadways around the street parking. This creates a visual highway effect on periphery of the neighborhood. Higher traffic volumes residential roadways and leads to speeding. and vehicle speeds in these areas make it too Regrading these swales and adding sod and street trees dangerous to walk in the roadway. The installation of will reduce speeding, discourage on-street parking and sidewalks will enable residents to safely walk from one improve area drainage. area of the neighborhood to another. The proposed walkway system for the neighborhood is depicted on SEACREST/DEL-IDA NEIGHBORHOOD PLAN PLAN IMPLEMENTATION PAGE 30 ~ SEACREST/DEL-IDA PARK NEIGHBORHOOD c~ o~ ~ eeoc,, ~L -- SIDEWALK SYSTEM - 200' PLANNING & ZONING DEPAR~ENT EXISTING SIDEWALKS ...... PROPOSED SIDEWALKS mmmmmmm ~UDY -- DIGITAL ~SE ~P S~TEM ........................... CI~ LIMI~ SEACREST/DEL-IDA NEIGHBORHOOD PLAN PLAN IMPLEMENTATION PAGE 31 Once these swales are improved, a program should be facility will undoubtedly exacerbate the problem, it is developed to ensure that they are adequately important to improve the parking layout as soon as maintained. Since this effects the appearance of the possible. The preliminary design in Figure 19 is one neighborhood as a whole, the Homeowners example of how this parking lot could be redesigned to Associations should be given primary responsibility for address the traffic circulation problems at the the program. The program should include the intersection. following components: Figure 19 u Weekly inspections by the association and annual Parking Lot Design Alternative inspections by the City. Dominos Pizza/Convenience Store ~ Swale maintenance education for homeowners and tenants conducted by the association. property owners fail to do so. . Code enforcement action by the City when necessary. Public Parking Lots -'. --' "'~ As part of the overall streetscape program for the neighborhood, it is recommended that the CRA acquire ............ one or more lots on each block within the higher density duplex/multi-family areas. These lots will be , ~ ,,~,~ used for the construction of off-street parking lots for the residents. This will help alleviate many of the Seacre~t Blvd. problems associated with the large number of back-out parking spaces on the street and provide opportunities to install additional landscaping and drainage. A "Preliminary Streetscape & Parking Plan," (Figure 20, page 32) illustrates a possible scheme for two blocks in Wafer And Sewer Service this area of the neighborhood. Water service is provided to properties throughout the study area. While some extensions may be needed to As shown on this plan, the provision of new off-street serve vacant properties, no extensions or upgrades are parking on each block significantly reduces the amount required for existing developments. of additional pavement adjacent to the roadway. Except for driveway entrances, and allowed back-out Sewer service is provided to properties throughout the parking spaces, all additional pavement in the right-of- neighborhood. No upgrades will be required to serve way will be eliminated. Duplexes in close proximity to existing development. Extensions may be required the new parking lot will be required to reduce their with new development of vacant parcels. back-out parking to 1 space per unit. Duplexes further from the lot will be allowed 2 back-out spaces per unit. According to the Comprehensive Plan, the City's water The installation of street trees and green areas will treatment plant and the South Central Wastewater enhance the area, reduce speeding and improve Treatment Facility will both be operating under drainage. Traffic calming measures and additional capacity at build-out. This Neighborhood Plan will not lighting are also included in the design, significantly affect the overall demand for water and sewer service in the City. NE 22nd Street/Seacrest Boulevard Intersection As stated in the "Existing Conditions" section, the Storm Wafer Collection existing parking layout for the Dominos Pizza and Since the neighborhood area currently lacks positive Convenience Store at the intersection of NE 22"a Street drainage, any new development or redevelopment and Seacrest Boulevard creates a hazard at the must control run-off so that exis~hng properties are not intersection. Since construction of the Seacrest Athletic SEACREST/DEL-IDA NEIGHBORHOOD PLAN PL,4,N IMPLEMENTATION PA GE 32 (P,~I8 ~sa~oee$) enua,~V ~/: gN SEACREST/DEL-IDA NEIGHBORHOOD PLAN PLAN IMPLEMENTATION PAGE 33 negatively impacted. This impact is addressed with in the dark spots between street lights. It is estimated approval of project site plans, that the fixture and installation would cost between $400 and $500 per light. The program should be bid on The Stormwater Master Plan has identified portions of a per light basis and installed in quantities of 5 to 10 at the neighborhood as problem and flood prone areas, a time to reduce costs. The cost to each resident who Recommended improvements in the plan include a wishes to participate in the program would be the storm sewer system with main bamk line along NE 3rd same. It is recommended that the homeowners pay Avenue and George Bush Boulevard and outfall to the one-half the cost and that the CRA and the City each Intracoastal Waterway. In order to meet water quality pay one-quarter. regulations, an appropriate amount of retention or detention is also required for storage of the first 1" of F.E.C. Rc~|lroc~d I~offer stormwater runoff prior to discharge. The amount of The appearance of the adjacent railroad right-of-way land required for dry detention in the neighborhood is and Dixie Highway has a serious impact on the 4.8 acres. When adequate land area is not available, neighborhood. The CRA will use a portion of the tax this number can be reduced by utilizing exfiltration increment generated by new development and trenches, redevelopment of the North Federal Highway corridor for landscape buffers along the railroad. The project By utilizing dry detention areas without permanent would include landscaping and irrigation along the ponding, there is an opportunity to provide for Railroad, between George Bush Boulevard and NE 14th recreational uses between storms. The City has already Street. Existing trees and other landscaping will be purchased one parcel, located at the northeast corner of accommodated within the design. NE 3rd Avenue and NE 14th Street for this purpose. This parcel which will double as a passive park. It is FIRE PROTECTION the first parcel to be acquired in the multi-family area along therailroad. The Delray Beach Fire Department indicates that existing fire stations are sufficient to provide adequate The overall project improvements proposed by the response times and service to existing development. Stormwater Master Plan are not currently programmed The City will monitor the need for fire protection as in the City's 5-Year Capital Improvements Plan. new developmentorredevelopmentisproposed. However, the City has budgeted $275,000 in FY 1998/99 for drainage improvements in the area. CODE ENFORCEMENT ACTIVITIES Deteriorating structures, peeling paint, litter and Electrical Distribution And StreetLighting overgrown and unkempt vegetation can have a Electrical service is provided throughout the devastating effect on a neighborhood. Neglect can lead neighborhood area. No upgrades are required at this to blight, decay, decreased property values and loss of time. neighborhood pride. Code enforcement compels the care and upkeep of private property, including the Street lighting improvements are recommended for the exterior structure and surrounding yard.' entire neighborhood. The installation of additional street lighting can be accomplished by Florida Power It is recommended that the code enforcement efforts be and Light at no cost to the City. The City would, concentrated in the areas of the neighborhood with the however, assume responsibility for the costs of worst physical conditions. This includes the area east operating the lights. Requests for improved lighting of NE 2"a Avenue (Seacrest Boulevard), between can also be handled on a case-by-case basis as George Bush Boulevard and NE 13th Street and the problems are reported to the Environmental Services area along the railroad tracks, north of NE 14th Street. Department. The City will continue to implement special outreach This Plan also recommends development of a program programs to help new residents understand applicable to provide additional exterior lighting on private codes and ordinances regarding lawn maintenance, property. Under this program, the City and CRA trash disposal, parking, etc. It is recommended that the would share the cost with individual property owners homeowners' associations work with the City to help to install a decorative pole light in the front yard. educate neighborhood residents. Information included Photo ceils would be installed in each fixture to ensure in newsletters or flyers as well as a door-to-door that the lights are activated each night. These lights canvassing of the neighborhood to explain these would improve security in the neighborhood by filling SEACREST/DEL-IDA NEIGHBORHOOD PLAN PLAN IMPLEMENTATION PA GE 34 programs would help the City to reduce violations and ensure that housing units which cannot be improve the neighborhood, effectively rehabilitated will be demolished. CRIME MANAGEMENT AND PUBLIC SAFETY The CRA Community Redevelopment Plan includes a recommendation for acquisition of deteriorated The PoLice Department has initiated a number of properties within the neighborhood, subject to programs intended to reduce crime problems in the available funds. These properties impede the neighborhood. The following programs are included revitalization effort by creating an image of blight. The in the overall crime reduction strategy, plan would target those properties which have a severe blighting influence on the entire area. For example, the Community Policing four multi-family apartment buildings on NE 3r° The cornerstone of Police Department efforts to reduce Avenue are a priority acquisition. crime in Delray Beach is the Community PoLicing program. Community Policing emphasizes a The intent of this neighborhood plan is to use eminent cooperative effort between the police and the domain sparingly, however, due of the serious community to find long term solutions to the impediment to revitalization imposed by dilapidated community's problems. Community Policing is properties, the CRA may pursue acquisition of selected intended to both increase the police presence in the properties if private sector initiatives do not eliminate neighborhood and improve relations between the them withinareasonabletime. department and residents. This is a departure from past poLice methods which emphasized officers in As stated earlier, it is also recommended that the CRA patrol cars reporting to emergency radio calls. In acquire one or more properties on each block in the addition to routine patrol activity, the Community duplex/multi-family areas in order to provide off- Officers help to organize community improvement street parking for the residents on the block. activities, such as trash pick-ups, paint-up projects and organization of neighborhood watches. PARKS AND RECREATION Citizens on Patrol {COPS} As described in the "Existing Conditions" section, the nearest pubLic parks to the study area are the public As a supplement to the poLice patrols, this program beach and Veteran's Park, both approximately 2 miles utilizes citizens in marked vehicles to patrol their own from the neighborhood. As a long-term goal the CRA neighborhood. This fills in the voids left by the police is exploring the possibility of creating a linear park patrols and greatly improves security. The COPS along the railroad tracks adjacent to NE 3rd Avenue. program is currently in effect in the area of the This park would provide opportunities for passive neighborhood north of George Bush Boulevard. It is recreation in the area and create a buffer between the run by the Seacrest Homeowners Association. The railroad and the single-family neighborhood to the area south of George Bush Boulevard is within the west. The park would also enable the City to provide Del-Ida Park Homeowners Association and does not additional stormwater retention in the area. participate in the program. Since the effect of crime on Construction of the park could be financed in part by an area does not respect these boundaries, it is the parks and recreation impact fees and tax increment recommended that the two groups combine and revenues generated by new development and participate jointly, redevelopment in the area and along the North Federal Highway corridor. DILAPIDATED STRUCTURES AND BLIGHTED PROPERTIES In moving toward this long-term goal, the CRA should Dilapidated structures can give an area a blighted be prepared to purchase any properties in this area appearance, which discourages investment in adjacent that become available in the short-term. properties. Therefore, the City will continue to evaluate poorly maintained and abandoned st~uctures FIRST STEPS to determine if they should be demolished. This issue Immediately following the adoption of this plan, is addressed in Objective A-9 of the Housing Element processing of the Comprehensive Plan amendments, of the Comprehensive Plan: Future Land Use Map amendments, Land Development Regulations text amendments and In order to eliminate blighting and unsafe rezonings required to implement the plan will begin. conditions in its neighborhoods, the City will The CRA's Community Redevelopment Plan will also SEACREST/DEL-IDA NEIGHBORHOOD PLAN PLAN IMPLEMENTATION PAGE 35 need to be revised to include the projects and programs included in the Neighborhood Plan. Members of the Homeowners Associations who have participated in the development of this Plan should begin to meet with other neighborhood residents to discuss the provisions of the Plan and gather support for the Special Assessment District. Since the capital improvements included in the Plan are not yet included in the 5-Year Capital Improvement programs for either the City or the CRA, these budgets will need to be amended and dollars allocated for the various projects. Implementation of the capital improvements included in the Plan will first require the preparation of land surveys. This work element should be scheduled as soon as possible. When the surveys are completed, the engineering, design and detailed cost estimates of individual projects can begin as time and funding becomes available. Other new programs contained in the plan will be developed and implemented as opportunities arise and ftmding becomes available. FUNDING SOURCES The City and CRA will provide whatever support is available to assist in the implementation of this Neighborhood Plan. Funding for some pubhc improvements may be available from the City or through the CRA's tax increment generated by new development and redevelopment in the neighborhood and in the N. Federal Highway corridor. Other improvements may be financed in part through the establishment of one or more special assessment districts created pursuant to the neighborhood plan. The CRA will expend funds on behalf of the neighborhood in order to create the required Special Assessment Districts. Preliminary cost estimates for improvements included in this plan are provided in Table 7, page 36. SEACREST/DEL-IDA NEIGHBORHOOD PLAN PLAN IMPLEMENTATION PAGE 36 Table 7 Seacrest/Del-Ida Park Neighborhood Plan Preliminary Cost Estimates I. F.E.C. Rail Corridor Beautification (Between George Bush Boulevard and NE 14th Street) Trees (30' O.C.) each 56 $ 200.00 $ tl,600.00 Hedge (3' O.C.) each 583 $ 8.00 $ 4,664.00 Irrigation L.F. 1,750 $ 10.00 $ 17,500.00 Survey & Design (10%) $ 3,376.00 TOTAL $ 37,140.00 II. Del-Ida Park Parking Lot for RO District Land Cost (70'x 120' Lot) lot 1 $ 50,000.00 $ 50,000.00 Parking Lot Construction space 20 $ 2,000.00 $ 40,000.00 Survey & Design (10%) $ 9,000.00 TOTAL $ 99,000.00 III. Parking Lots for Duplexes Land Cost lots 7 $ 95,000.00 $ 665,000.00 Parking Lot Construction space 91 $ 2,000.00 $ 182,000.00 Survey & Design (10%) $ 18,200.00 TOTAL $ 865,200.00 IV. Streetscape - Dell Park East (gth -13th street) & NE 3rd Avenue(North of 14th Street) 13,500 Linear Feet Roadway (Both Sides) Reconstruct Driveway Aprons/Parking Sq. Ft. 40,000 $ 3.50 $ 140,000.00 Curbs for Landscape islands L.F. 3,000 $ 10.00 $ 30,000.00 Trees (30' O.C. Average) each 450 $ 200.00 $ 90,000.00 Remove Asphalt & Regrade 14' Swales Sq. Ft. 189,000 $ 1.00 $ 189,000.00 Survey, Design, Engineering (10%) $ 44,900.00 TOTAL $ 493,900.00 V. Streetscape (remaining neighborhood roadways} 28,000 Linear Feet Roadway (Both Sides) Trees (30' O.C.) each 933 $ 200.00 $ 186,600.00 Sod/Regrade14' Swales Sq. Ft. 392,000 $ 0.50 $ 196,000.00 Survey, Design, Engineering (10%) $ 38,260.00 TOTAL $ 420,860.00 VI. Traffic Calming Speed Humps each 57 $ 1,500.00 $ 85,500.00 Round-abouts each 2 $ 5,000.00 $ 10,000.00 Divided roadway medians each 15 $ 5,000.00 $ 75,000.00 TOTAL $ 170,500.00 VII. Sidewalks 18,000 Linear Feet, 5 feet wide Sq. Ft. 90,000 $ 2.00 $ 180,000.00 TOTAL $ 180,000.00 ~/111. Decorative Post Light Program (50% incentive contribution) (10% of Single Family & Duplex Bldgs) each 67 $ 250.00 $ 16,750.00 TOTAL $ 16,750.00 GRAND TOTAL $ 2,283,350.00 glT¥ (IF DELR;I¥ BERgH DE/RAY 8EACH ~ 100 N.W. 1st AVENUE , DELRAY BEACH, FLORIDA 33444 · 407/243-7000 Ail-America City 1993 TO: David T. Harden, City Manager FROM: ~'~obert A. Barcinski, Assistant City Manager DATE: February 24, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 3t 1998 Direction - Proposed Pedi-Cab Ordinance ACTION City Commission is requested to provide staff direction concerning the pedicab issue. BACKGROUND At the February 3, 1998 Commission meeting, Commission postponed action on this item and requested recommendations from the Community Redevelopment Agency, the Downtown Development Authority, the Joint Venture, and the Parking Management Advisory Board. Letters from each are attached as well as recommendations from the Chamber of Commerce and the Atlantic Avenue Association. In summary it appears that there is a majority consensus to: 1) Continue use for special events with the road closed. 2) Set up a six (6) month trial period with restrictions for use, excluding the north and southbound lanes of Federal Highway and Swinton Avenue. Also discussed to some extent during some of the meetings I attended, would be to require the same provisions of approval as required for special events i.e. insurance, etc. and that City staff make recommendations as to pick up and drop off requirements during the trial period. RECOMMENDATION Staff recommends Commission consideration concerning the use of pedi-cabs for special events and a trial period. RAB/tas Attachments File:u:sweeney/agenda Doc:022498a.doc THE EFFORT ALWAYS MATTERS Printed on F{ecycled Pa~oer 02/17/199B l?:19 5612780555 DB CHAMBER COMMERCE PAGE · ~OH : St~-'I~EHETA×SI.~U[y ~OUTH PHONE NO. : 5612767344 Feb. 17 1995 Z?g. t310 d 3 PAX 271-ogA Oi~ iieecl~ Chamber of Commerce Klhy Afluirre DE .LRAY BEACH ,¢hamber of To: City Commissioners ILN~ From: Dick Shoremetl, Board Chairman, 27e-7300 Subject; Use of Pedi.eabs in the Central Business District DItl: 2-17-58 Per your request for Chamber input about the use of pedi-cabs in the downtown, our Local Issues Government Affairs committee discussed the issue at a meeting on February 13th and arrived at the following: The Greater Delray 8each Chamber of Commerce recommends support of the use of pedi-cabs for a six month trial basis by a limitecl number of providers and in a limited area downtown to exclude Federal Highways and Swinton Avenue. Please call me with any questions or to discuss the issue Ii~ more detail. We appreciate the opportunity to participate in the decision proce~ and look forward to hearing the outcome. · Community Redevelopment ~ 20 ~ · Agency Delray Beach RECEIVED FF_R 2 O 1998 ASSISTANT CITY MANAGER MEMO TO: David Harden FROM: Chris Brown DATE: February 19, 1998 RE: Pedi-Cab Proposal Presented to the CRA Board Dave: The CRA Board discussed the proposed pedi-cab request to operate on a full-time basis at their meeting of February 12th. The Board recommended approval for operation on a full-time basis for a trial period only. They did, however, have some concerns with regard to the pedi-cabs being allowed on the Federal Highways and Swinton Avenue. If you have any questions, please feel free to call me. /d 24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558 12:33 5~i27~0555 DB CHAHBER COHHERCE PAGE 05 February 19, 1998 Mr. Robert A. 8arcinski, Assistant City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: PEDI-CABS IN THE (~E..NT. RAL BUSINESS DISTRI(~T Dear Bob: Per your request for input relative to the use of peril-cabs in the downtown area, the Joint Venture at its meeting of February 12, 1998 discussed this subject with the following conclusions: The Board recommended that pedi-cabs be used for special events only. They also discussed that a study be made to determine the feasibility of having this service on a full time basis. The Board did not have a consensus for this recommendation. In summary, the Board only approved the use of pedi-cabs for special events. If you need any additional information, please do not hesitate to call the Joint Venture Office. Sincerely, MICHAEL LISIICK, Chairman Joint Venture /sk RECEIVED FFR 2 0 1998 ASSISTANT CITY MANAGER MEMO TO: Bob Barcinski FROM: Diane Herve~/~ DATE: February 19, 1998 RE: Pedi-Cab Proposal Presented to Parking Management Advisory Board Bob: The Parking Management Advisory Board discussed the proposed pedi-cab request to operate on a full-time basis. The Board was split on their recommendation. Half wanted to allow them for special events only while the other half felt they should be allowed to operate full time. They did agree to allow them for a trial period for six months. Also, Ms. Onnen, Chair, asked staffto research how other cities operate pedi-cabs successfully. /d 02/23/i998 i2:33 5612780555 DB CHAHBER COH~ERCE PAGE 84 DOWNTOWN DEVELOPMENT AUTHORITY City Of Delray Beach, Florida February 18, 1998 Mr. Robert A. Barcinski, Assistant City Manager City of Deiray Beach 100 NW_ 1st Avenue Delray Beach, FL 33444 RE: PEDI-CABS IN THE CENTRAL BUSINESS DISTR.[CT Dear Bob: The Downtown Development Authonty at its meeting of February 18, 1998 discussed the above captioned subject with the following conclusion: The Board Members voted as fallows: Three members voted to support the Chamber of Commerce recommendation wflich supports the use of pedi-cabs for a six month trial basis, based on limited number of providers, in a limited area downtown, and excluding the Federal Highways and Swinton Avenue One member voted to use pedi-cabs for special events on~y_ In summary: The members voted 3 to 1 (there were only 4 members present) to support the Chamber of Commerce recommendation as stated above. Sincerely, MICHAEL LISTICK, Chairman Downtown Development Authority /sk 64 S-E. Fifth Avenue. Delray Beach. Florida 33483 · (407)279-1384' Fax (407)278-0555 A Florida Main Street Community 'Il,'s' 82/23/1998 12:33 5612788555 DB CHAMBER COMMERCE PAGE 83 ~_~t~.]. a,rl 64 SOUTHEAST FIFTH AVENUE · DELRAY BEACH. FL 33483 · 407/278-0424 February 18, 1998 Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: PEDI-CABS IN THE CENTRAL BUSINESS DISTRICT Dear Bob: The Atlantic Avenue Association at its meeting of February lB, 1998 discussed the above captioned subject with the fo[lowing conclusion_' The Board Members voted to support the Police Department's recommendation for use of pedi-cabs for special events only, excluding the Delray Affair. Please contact me if you need additional information. Sincerely, PEGGY MURPHY, Chairman Atlantic Avenue Association tsk CITY DF DELRI:I¥ BEI:I[H DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 Ail-America City 1993 TO: David T. Harden, City Manager FROM: 0~ Robert A. Barcinski, Assistant City Manager DATE: February 23, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 3, 1998 Funding Request - Project Graduation ACTION City Commission is requested to consider a request for funding from the Atlantic Community High School Proiect Graduation Committee. Funding is available in City Commission Special Event "Contingency" account number 001-1111-51148.10. BACKGROIlND Attached is a funding request from the Atlantic High School Project Graduation Committee. The request does not specify an amount. Last year Commission contributed $500.00 to this proiect. The contingency account balance in the Special Event line item is $2,380.00. RECOMMENDATION Staff recommends consideration of a $500.00 contribution to Project Graduation. RAB/tas Attachment File:u:sweeney/agenda Doc:O22398a.doc ~.d~' THE EFFORT ALWAYS MATTERS Pr/~ted on Recycled Paper PROJECT GRADUATION ATLANTIC COMMUNITY HIGH SCHOOL FEB 2501 SEACREST BOULEVARD DELRAY BEACH, FLORIDA33444 ' ' ' 561-498-5785 OR 561-243-1500 ~'~:..,'~,~'J~ ,, , February 13, 1998 RECEIVED FEEl Mr. JayAIperin, Mayor FF~J 2 3 1998 ASSISTANT City of Delray Beach CITY MANAGER 100 N. W. First Avenue ASSISTANT Delray Beach, Florida 33444 CITY MANAGER Dear Jay, As you know, Project Graduation is a program to provide graduating seniors with an alcohol/drug free celebration On their "special" night, which will be June 6th this year. Unfortunately, our committee was not formed in time to request a grant from the City of Delray Beach during the budgeting process. Therefore, Dave Harden advised the school in October that there was no funding provided in the special activities budget for this activity. Regretfully, this was not called to my attention until a month ago. To make this event a success in attracting seniors requires adequate funding to provide the appealing wholesome activities they would enjoy, with attractive door prizes and an inexpensive sign up fee. Last year this event was not held as the committee failed to raise adequate funds to support it at a reasonable price to the seniors and their guests. We do not want this to recur and we urgently need financial support from the City. Your assistance in finding funding for this year's program will mean a great deal to our students. Many do not have the means to have their own private parties, and would like to have one last celebration with their friends, without alcohol and drugs. In addition to the City's contribution, maybe the members of the City Commission, who are not being opposed in this year's election, could contribute some of their war chest to this worthy causel Thank you for your consideration. Sincerely, Oeorge R. Anderson Project Oraduation Committee [lTV OF UELRI:IV BEI:I[H DFLRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 All41mericaCity ® FROM: r_ _.obert A. Barcinski, Assistant City Manager 1993 SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING MARCH 3, 1998 SPECIAL EVENT REOUEST - IRISH CELEBRATION DATE: February 25, 1998 Action City Commission is requested to approve a temporary use permit per LDR's Section 2.4.6(H) for use of City rights of way on Railroad Avenue from Atlantic Avenue to N.E. 1st S~reet, provide staff support per the attached request, and to waive LDR's Section 4.6.7(C)(5)(a) to allow event signage to be placed more than one week prior to the event for an Irish Celebration to be held on March 14, 1998 from 12:00 p.m. to 6:00 p.m. at Ocean City Lumber. Background We have received a request (attached) from Janet Onnen to close Railroad Avenue, provide staff support and to allow event signage to be placed in rights of way prior to one week for an Irish Celebration which will be held in conjunction with the St. Patrick's Day Parade. Police security will be provided at the detail rate by the event sponsor. They will also pay for overtime costs to barricade Railroad Avenue and for signage costs. Police security costs at the detail rate are estimated to be $360 and overtime for barricading the streets and sign costs are estimated at approximately $150. The event sponsors will also provide site cleanup and port-o-lets. Signs have been requested at the following locations: Atlantic Avenue at 1-95, Linton Boulevard at 1-95, and at Atlantic Avenue and Railroad Avenue. I do not think we can put a regular event sign up at Atlantic and Railroad Avenue due to the lack of space in the City rights of way. Recommendation Staff recommends approval of the temporary use permit, approval of staff support to be paid for by the event sponsor, and approval of the sign waiver with staff to determine feasibility of putting up a sign at Atlantic Avenue and Railroad Avenue. Recommend that signs be put up between 3/4 and 3/6. RAB:sdl Attachments File:u:sweeney/agenda Doc:irish.doc THE EFFORT ALWAYS MATTERS ~"~' Printod on Recycled Paper Thursday, February 12, 1998 Robert Barcinski Assistant City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 Re: St. Patrick's Day Parade Dear Bob: On March i4, i998, we are planning to hold a traditional Irish Celebration on the Ocean City Lumber Company property. Plans include a pipe and drum core performance, Irish dancing, Leprechauns, Kissing the Blarney Stone, corn beef and cabbage and of course green beer. · Preliminary plans call for the times of the festival to be 12:00PM to 6:00PM. · Port -o-lets will be brought on site. · FEC railroad security will be provided during the event. We are requesting assistance from the City of Delray Beach with the following: · Provide 2-4 officers on the site as the crowd requires. Ocean City Properties will be responsible for the cost of the officers. · We are request a street closing and barricades at the intersection of Railroad Avenue and NE 1 st Street, the intersection of Railroad Avenue and Atlantic Avenue, and the intersection of NE 2nd Avenue and the alley south of Ocean City Lumber. We are requesting that the barricades be in place no later than 9:00 AM. · We are requesting a signage waivers to promote the event. Please consider this request, as all proceeds will benefit Pineapple Grove Main Street, Inc. Thank you for your time and consideration. Sincerely, President 220 N.E. 1st Street · Defray Beach, Florida 33444-3710 · 561-278-8362 - Fax: 561-278-8397 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER IN-LIEU OF PARKING AGREEMENT/JAVA BEAN JUNCTION DATE: FEBRUARY 27, 1998 The attached in-lieu of parking agreement is proposed for Java Bean Junction, a coffee shop with indoor seating planning to locate within the easternmost bay at 1136 East Atlantic Avenue (southwest corner of Atlantic and Bronson Avenues). Two parking spaces are required. Due to site constraints, the applicant is unable to provide the parking on-site. Pursuant to LDR Section 4.6.9(E) (3), in the event on-site parking is not feasible, the City Commission may approve an in-lieu of parking fee agreement. The applicant has requested the in-lieu fee option for two parking spaces for a total of $12,000.00. The proposed agreement requires the payment of $6,000.00 upon approval by the City Commission and two annual installments of $3,000.00 each. Both the CRA and the Parking Management Advisory Board reviewed the request and expressed concerns about entering into such an agreement with a business tenant as opposed to the property owner. They recommended that either the entire fee be paid up front or that alternate arrangements be made as outlined in the attached staff report. While staff shares the concerns, it is noted that the proposed agreement is for a relatively short term (to be completely paid off in two years), with half of the amount due immediately upon approval. In view of this, the risk appears to be comparable to, or less than, that involved with entering into an agreement with the property owner. Recommend approval of the in-lieu of parking fee agreement with Java Bean Junction. ref: agmemol 6 TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR ~-~ ~~  PARTMENT OF PLANNING AND ZONING FROM: /JASMIN ALLEN, PLANNER SUBJECT: MEETING OF MARCH 3, 1998 APPROVAL OF AN IN-LIEU PARKING FEE PAYMENT AGREEMENT FOR JAVA BEAN JUNCTION, INC., 1136 EAST ATLANTIC AVENUE The subject property is located at the southwest corner of East Atlantic Avenue and Bronson Avenue (1136 East Atlantic Avenue), within the Central Business District (CBD). It contains a one story building constructed in 1950. The structure houses five bays which have previously accommodated retail uses. The development proposal is allow the establishment of a coffee shop with indoor seating within the easternmost bay which currently contains 1680 sq. ft. Pursuant to LDR Section 4.4.13(G)(1)d), the parking requirement for restaurants is established at six (6) spaces per 1,000 sq. ft. The proposed change in use from retail to restaurant will require the provision of three (3) parking spaces. Pursuant to LDR Section 4.4.13(G)(1)(b), when parking requirements are applied to new developments or a change of use, said parking requirement can be reduced by one (1) parking space on a one time basis. After reducing that space in accordance with this code section, two (2) parking spaces are required for the proposed use. Pursuant to LDR Section 4.6.9(E)(3), if it is impossible or inappropriate to provide the required number of on-site parking spaces, the City Commission may approve the payment of an in-lieu fee. The in-lieu fee may be paid at one time or in installments. Installment payments may be made over a nine year period in ten payments. The in-lieu fee option is authorized only in the CBD, OSSHAD and GC (West Atlantic Avenue Overlay District) zoning districts. Due to site constraints, the in-lieu fee option was requested for two parking spaces for a total of $12,000 ($6,000 per parking space x 2 required parking spaces = $12, 000). The applicant has entered into a seven year lease with the property owner and has requested that she be allowed to enter into an installment payment program. The attached agreement is for a relatively shod term. It requires the payment of $6,000.00 upon the approval by the City Commission and two annual installments of $3,000.00. City Commission Documentation Meeting of March 3, 1998 Java Bean Junction, Inc. - In-Lieu Fee Payment Agreement Approval Page 2 On December 18, 1997, the CRA Board reviewed the proposed agreement. They also had concerns over entering into an agreement with a tenant, and recommended that either the entire fee be paid up front, or that an agreement for installment payments be made with the property owner. On February 18, 1998, the Parking Management Advisory Board reviewed the request. The Board expressed concerns about the limited availability of off-site parking in the beach area, and questioned whether or not the in-lieu option should be exercised. The Board also expressed reservations about entering into this agreement with a business tenant as opposed to the property owner. After some discussion, the Board recommended approval of the agreement, but wanted the terms to be changed to require that either the full fee is paid up front or the fee for one parking space is paid immediately and a letter of credit obtained for the second parking space. Staff shares the concerns expressed by the CRA and PMAB as to entering into an agreement with a business tenant. However, the attached agreement is for a very short term (to be completely paid off in two years), and half of the payment is due immediately. In this case, the risk of nonpayment seems comparable to, or less than, that entailed by entering into a 10-year agreement with a property owner. By motion, approve the attached in-lieu payment agreement of $12,000.00 for Java Bean Junction, Inc. Attachment: · Location Map · Installment Agreement D OR CHESTER CO- OP THOMAS STREET 2ND ~..~ L~ I DELRA Y ~,,,.~~ VETERANS ~ I SUMMIT ATLANTIC PARK ~ / CONDO ,?, ~~ I SARR /0~I MARRIOT C DO ~ DELRA Y A LAN TIC AVENUE COMMERCIA CONDO BAR CONDO ~ OCEAN PLACE o CONDO ~ COC~UT ROW INGRAHAM SEAGATE TO WERS ~ JAVA BEAN JUNCTION CITY OF DELRAY BEACH, FL PLANNING &: ZONING DEPARTMENT -- DIGITAL ~SE .l~l,4P ..c,Y~Tg/d -- MAP REF: LM224 This instrument was prepared by and return to: David N. Tolces, Esq. 200 N.W. 1st Avenue Delray Beach, FL 33444 IN-LIEU OF PARKING FEE AGREEMENT THIS AGREEMENT (the "Agreement") is made as of the ~ day of , 1998, by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida, whose address is 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (the "City"), and JAVA BEAN JUNCTION, INC., a Florida corporation, whose address is 1136 E. Atlantic Avenue, Delray Beach, Florida ("Java"). WHEREAS, Java desires to operate a coffeehouse on property located at 1136 E. Atlantic Avenue, Delray Beach, Florida 33483 (the "Property"); and WHEREAS, Java applied to the City for approval to operate the coffeehouse in the existing commercial building on the Property; and WHEREAS, as a condition for the establishment of the business at the above location, Java must provide certain parking as required under the City's Land Development Regulations. Land Development Regulations Section 4.6.9(E)(3) further provides that the City Commission may approve the payment of a fee to the City in-lieu of providing required parking; and WHEREAS, Java has requested that the City Commission appr. ove the payment of a fee to the City in lieu of providing two (2) of the required parking spaces for the development of the Property and the City Commission has approved this request; and WHEREAS, Land Development Regulations Section 4.6.9(E)(3) further provides that the in-lieu parking fee shall be Six Thousand Dollars ($6,000.00) per parking space and may be paid in installments; and WHEREAS, Java has elected to pay the in-lieu parking fee in installments pursuant to Land Development Regulations Section 4.6.9(E)(3)(d); and WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms on which the in-lieu parking fee shall be paid by Java. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. INCORPORATION OF RECITALS. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. P_JI.O_P_F..~. The Property to which this Agreement applies is legally described as follows: Lots 1 and 2, Block 3, Less the North 7.0 feet and Less the South 1.0 feet together with the East 25.0 feet of Lot 3, Block 3, Less the North 7.0 feet and Less the South 1.0 feet, Ocean Park, according to the Plat thereof as recorded in Plat Book 5 Page 15 of the Public Records of Palm Beach County, Florida. 3. IN-LIEU PARKING. The City hereby confirms that, pursuant to Land Development Regulations Section 4.6.9(E)(3), it has approved the payment of the fees described in this Agreement in-lieu of providing two (2) of the required number of parking spaces for the development of the Property. 4. IN-LIEU PARKING FEE. Java shall pay to the City a total in-lieu of parking fee of Twelve Thousand Dollars ($12,000.00) (which represents $6,000.00 per parking space). The total fee shall be paid as follows: (a) Six Thousand Dollars ($6,000.00) by check delivered to the City upon execution of this Agreement by the City. (b) Two (2) payments of Three Thousand Dollars ($3,000.00) each to be due on the first and second anniversary of the date on which this Agreement is executed on behalf of the City. (c) Each payment shall be made to: Finance Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 5. DEFAULT. In the event Java fails to make a payment by the date required, the City shall provide written notice by certified mail, return receipt requested to Java at 1136 E. Atlantic Avenue, Delray Beach, Florida 33483, or at such other address as may be designated by Java by written notice to the City, requesting the past due payment to be made no later than thirty (30) days from the date the notice is received. Failure of Java to remit payment within this thirty (30) day period shall be deemed breach of this Agreement. The City shall thereby be entitled to accelerate the remaining payments demand payment and file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees. 6. BINDING EFFECT. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 7. ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. 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. 8. AMENDMENTS. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. 9. SIGNATURE REQUIRED. This Agreement is not valid unless signed by the City's Mayor and City Clerk. IN WITNESS WHE~OF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth below. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Form: City Attorney WITNESSES: JAVA BEAN JUNCTION, INC. /d~int Name: d'~'~;z-~/~'.~c4~..-~-r__ Print Name: ~' //J ,--, fi/.? , Title: ~?ce ~dzy/~;Q ~ Fed. Tax I.D. # J/Print Name: ~"-~,7),,~ /0 ~ ~Z~/V (Corporate Seal) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 2..' day of ~ ,'~,--. ~.. , , 1998 by b-~,-,~,~ -/~;~-~ (name of officer or agent, title of / officer or agent) of.-'/~ ~,~e-~,---~,~-,& ,.~'-' ~'~c ~ (name of corporation acknowledging), a '~?~: ,~\~, (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced 'F-- ~- (type of identification) as identification and did (did aot)Xake an oath. x-- ,o,: ........ ;,_,~, -~ Signature of No~ry Publi~State o~ Flon--~d-~'- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'[ SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 3, 1998 CONTRACT ADDITION (C.O. ~4)/MOLLOY BROTHERS, INC. DATE: FEBRUARY 27, 1998 This is before the Commission to consider approval of a contract addition (C.O. #4) in the amount of $74,822.50 with Molloy Brothers, Inc. under the S.E. 4th Avenue Roadway Improvements contract. The scope of the additional work includes paving and drainage revisions to both Sandoway and Ingraham parks in conjunction with the Sandoway House improvements. The Sandoway House is scheduled to open on April 29, 1998. The work under this contract addition is to be completed by April 15, 1998. Funding for the project is as follows: 117-4180-572-63.11 Ingraham Avenue Paving ........ $25,292.50 117-4170-572-63.46 Sandoway Park Paving ........ 29,320.00 448-5411-538-63.90 Stormwater/Other Improvements .... 20,210.00 $74,822.50 Recommend approval of the contract addition (C.O. #4) with Molloy Brothers, Inc. ref:agmemol7 Agenda Item No.: 7~-' AGENDA REQUEST Date: February 23, 1998 Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda When: March 3, 1998 Description of item (who, what, where, how much): Staff requests City Commission to approve a Contract Addition (C.O.#4) to Molloy Brothers, Inc. for the SE 4th Ave Roadway Improvements - (96-12) . C.C. #4 encompasses the construction of paving and drainage revisions to the Sandoway and Ingraham Parks in conjuntion with the Sandoway House improvements Total costs for C.O. #4 is $74,822.50 with all work being completed by April 15, 1998. Funding Sources are 117-4180-572-63.11 (Ingraham paving) for $25,292.50; 117- 4170-572-63.46 (Sandoway Park paving) for $29,320.00; and 448-5411-538-63.90 (Stormwater Other Improvements) for $20,210.00. ORDINANCE/RESOLUTION REQUIRED: YES/~DRAFT ATTACHED YES~ Recom~%endatio~: Staff Reco~s ~ o~ge Order #4 Determination of Consistency with Comprehensive Plan: City Attorney Review/Reco~endation (if applicable): Budget Director Review (re~re~ i~ems~.in~volving expenditure of funds): Funding available: E~/NO Funding alternatives ~-- (if applicable) Account No. & De, scrip,tio, n (.~ee Be]oW) Account Balancet see City Manager Review: /'~'~ Balance Approved for agenda:~NO~( llT-4180-572-63.11-Ingraham Ave-S46,000.00 Hold Until: 1 1 ?-41 ?0-572-63.46-Sandoway -$29,320.00 Agenda Coordinator Review: Pending Budget Transfer Received: Placed on Agenda: 448-5411-538-63.90-Other Impr -$49,908.56 Action: Approved/Disapproved /agen9612.doc Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Director of Cons/tr/~/~on Date: February 23, 1998 Re: S E 4th Ave Roadway Improvements (Project 96-12) Contract Addition - Sandoway Park and Ingraham Park Paving and Drainage revisions for Sandoway House Attached for Commission approval is an agenda request for a Contract Addition (C.O. #4) to Molloy Brothers, Inc. on the above referenced Project. It encompasses paving revisions to Sandoway and Ingraham Parks to accommodate the parking requirements for the Sandoway House. The scope of work also includes storm drainage at Ingraham to alleviate flooding at the intersection of Ingraham and A1A. The Sandoway House is set to open April 29, 1998. The work under this Contract Addition is to by completed by Molloy Brothers by April 15, 1998. Total cost for the Contract Addition (C.O. #.4) is $74,822.50. Two' proposals were received for this work. The other proposal was submitted by Chaz 'Equipment for $86,562.50. The Engineers estimate for the project is $84,240.00. ? Funding Sources are 117-4180-572-63.11 (Ingraham paving) for $25,292.50; 117- 4170-572-63.46 (Sandoway Park paving) for $29,320.00; and 448-5411-538-63.90 (Stormwater Other Improvments) for $20,210.00. File: Memo to City Manager Randal Krejcarek, P.E., City Engineer co4doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 4 PROJECT NO. 96-012 DATE: PROJECT TITLE: S.E. 4th Avenue Roadway Improvements TO CONTRACTOR: Molloy Brothers, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN ~ PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Construct Paving and Drainage improvements to Sandoway Park and Ingraham Park per attached plans by the City of Delray Beach Environmental Services Dept titled :"Sandoway Park Marine Education Facility" sheets 1-7. Sidewalk construction on A1A (sheets 4-5) is not part of this Change Order. Work is to be constructed in accordance quantities and unit prices per Schedule "A" attached. All work included in this Change Order to be completed final by April 15, 1998 SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $331,909.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $154,309.33 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $486,218.33 COST OF CONSTRUCTION CHANGES THIS ORDER $ 74,822.50 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $561,040.83 PER CENT INCREASE THIS CHANGE ORDER 22.2% TOTAL PER CENT INCREASE TO DATE 69.0% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Molloy Brothers, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Sources are 117-4180-572-63.11 (Ingraham paving) for $25,292.50; 117-4170-572-63.46 (Sandoway Park paving) for $29,320.00; and 448-5411-538-63.90 (Stormwater Other Improvements) for $20,210.00. DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk ,Delrey Bch - Proj, 95-50 8andoway Park Parki .ng. Area ' ----- ' ..... :. :_l.'a._,.l~!... Ingr. aha_ .IT:I."A_~.?:,Pa~-~n-~'~-':- i.' ................... ~--::-..._..-_' :' ........ ~BID DATE; 'Thursda, February 23, Igg8 '- '- L ........ Y / I ............... : ..~_.iCO~..RA.C...T_0.._~: .M..0_'!!0y am?_..~' ~... SOO ..... N,W. 27 Ave Fort_ ._,_Laude~lale ............ Fla, 33311 ....................... ' ........I ...... .... ~ "l~b~t~ ................ I~ ........... LS. 1 .......... -$ ' ~',~'0~:00 .... 2-' IClearin'"+--'~-~& G-'---~U-I~i-r~- ........... L.S. [4L.-'3 ~Ear~h-V~--~ .... ' ..... '~ ............. ~' --~-,2:~-:-~---$ 1,2OO.00 .. !1 1/2" Type S3 Asphalt/'8'~'Base/' .:i...: L.S. ~~.~:~ ~c~s~,,~ ' ~ S.F. "' ~0 ......... '~' ........ -~.~' $ .... ~o:0~'" ~__.~'~__ ~._~ '~ ~ r:.b. "_ ........... L,F. 40' "$ ....... 7-.'.~:)' $ [.._7_~_C..or~:~ete Steps i L,S.' i,-.',--.' i"'..-'::.::_.$ ..... 500,00 ~ 500.00 ["-8---T-I~e~"~/~- ............................. /" '!' L,F. ' 110 $ ..... 77,(~-$ 8,470,00 ~--/- ~ ......... .-- . ~ ........... ~ ...... ; ................. / 9 i Pavement Marldnas, Traffic $ianaoe [ .... ~ ..... ~ --~ ............ ~ ............. / ~& Concrete Wneei5tops ! ! L,S, "' ;1' $ 900,00 $ g00.00 ~.'1T'- ................ ; : .............. + '- ~ ...................... ........ n"~'~"~'--~-'-'&-Im'-g'?'t'l-°'n" ........ -i i L.$, I 1 ........ ~ ........ _450,_ .._~.,. $ ...... 4..~:_,.0~.._ .ql"-----~ u bto~" '~' ~/-'~'~ki~,:~~ .... ' .... ~' .................... ............... .... .t: .................... ' ........... 2 [Clearing & ~ i Tree Removal L$. -' 1' ..........T-$ '-~:~,~' "$" 5,000.00 '--3 11 1/2"Ty"~S3AspF~i-ti-~J;"'~a~')-l~":'§ubgrade' '[' $.Y. '"' 400 ......... ' "L F -'- $ 24,00 $ 9,600.OO -'~__~_~elt Trench Repair ~,' 1' · .', .....~ ..... i 24.OO $- 41~0-:-0~ .:.:',..~_~_a_~_lt.~g:&_--~.~.i~/ : ....... / ToN ............. ~-~ .....1~' 1-~',l~ ~ "2,~3~.1~ (~ /18"RCP i .[ L,F, I 22(~" 7 ]Type ~Tr~l~-ts- .................... .,,::_: ........ ~:" ".:':.'.''|' "EA:"'i ..... ;~ ........ ?~--~ "~-""'~,~,i~)- 8 [Type"D" Curb ' ' . i . . "I'''''L:'~:' 'i ....... ~'~ ..... -[-~- 7.5~ ~' ~:-,43'"~.~ :::~:'::[~"'~~:..::::': ~ '~ L.~. :"' ~ ........ :,~- -'-~0" '~ .......... ~o- .~o_j_c..o,_n~.t~_SJ~!~ ................ I ...... / s F i "~OO ~'$ ........... -~:00'~ ~'" i':~,~~ ~a. vement Marki~s, T~c 8__~nage t................. .~._~'.'~onc.r.et.~eWl~eelM__~o~,.. .... .:':.--':. .-~.. :-":: .... t LS, "' ~ ..... IS 1,475,00 t-~_ ~.,47~.~ ..,1..~__~elocate Existing Ent~/Gate~ L,~, ' .... 1 $ 1,500,OO [ $ t,500.130 i..[La~a~T~'~'"~i~ ............. :,'::.."::.' ................ _--- ES.1 $ g00.OO $ 900.00 ':__~su~o~~ aiaaa'~.~'.,_'.:':".'-'.": ..... ~ ................ T:: ................... ............... .'" :L.::_i-_ ..... ! .................................... ~ , .......................... 1 ................. ' .............................. i ......... ~)2/24/9~ 16:1~ FAX 1~61278~149 Chaz Equlpmen~ ~01 1855 Dr, Andre's Way, Unit 5 ~ PH: (561) 278-4451 Delray Beach, FL 33445 ~ FAX: (561) 278-5149 FAX TRANSNIISSlON COVER; SHEET DATE: TIME: TELEFAX NUMBER CALLED: ~ ~ FROM: ~ PROJECT/RE: TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: COMMENTS: 0~/24/98 16:15 FAX 15612755149 Chaz Equlpmen~ ~02 Sandoway Park Marine Education Facility Project 95- 0 Bid Proposal Sandoway Park Parkino~ Area ITEM ITEM ESTIMATE UNIT EXTENDED NO. DESCRIPTION UNIT QUANTITY PRICE COST 1 Mqb. iJi..zation L.S. 1 1,200.00 1,200.00 L 2 Cl®adn0 anti Gmbi~ing L:.~: I 2,000.00 2,000.00 . 3 Ea.rthwork L.S. I 2,0C~3.00 2,000.00 4 !1-ti2" Type S3 Asphalt / 8' Base ! 12" Subi3rade G.Y. 600 26.35 1 $,810.00 $ =on.crete Sidewalk ...... 8.F. 50 2.85 132.50 6 Type D Concrete Curb .., L.F. ,4_0, ,. 12.00 480.00 7 iConcrete ~eps ..... L,$, 1 750.00 750.00 8 ~e.t, aininfl Wall _ __ L.F. 100 .... 85.00 i 8,500.00 $ Pavement Markines, Traffic ~i,qnage & ConGrete Wheel ~tops L.$. I 1,500.001 1,500.00 10 Landscape & In"k3ation .... L.8. 1 650.00' 650.00 ... SUBTOTAL EANDOWAY PARKING AREA .... lngraham Ave. Park)_n.g Area ITEM ITEM ESTIMATE UNIT EXTENDED =NO. DESCRIPTION UNIT QUANTITY PRICE COST I Mot)iliz.a. tion L.$. 1 2,000.00 2,00D.00 ~_2 Clearing and Grubbing / Tree Removai L.S. I 6,,3_00.00 3 1-112' Type 83 Asphalt / 8" Base 1 12" Sul3grade. ~.Y. 400 26.50 1_0.,600.00 4 Asphalt Trenct~ Repair L.F. 2p. ,0_.._ 28.00 5,600.00 5 Asphalt Leveling and Overlay TON 18 115.00 _ _ 2,070.00 6 18" RCP L.F. 220 45.00 9,900.00 ? Type C Ini,ets E,~., 4 I~450.00 5,600.00 8 Type 'D" Cum L.F. 325 12.0.0 9 4 in PVC $1et~, .es _. L..F.~ 60 10.00 600.00 .10 Concrete Sidewalk ,.. S.F. 700 ..... 2.65 1,855.00 i_. t 1 Pavement Markings, Traffic $il3na~e & Concrete Whee..I. Stops L:$. 1 1 ,~165.00 . 1.865.00 ...'1~ R..elocate IExJsting Entry Gates ...... L,S. 1 2,200.00 2,200.00 __ ~anclsc, ape LS. ~i0.00 850.00 13 & Irrigation 1 SUBTOTAL INGRAHAM PARKING AREA $~J~F~40.O0_ TOTAL BID I $,6,r 2.sol Sandoway Park Marine Education Facility Project 95-50 Engineers Estimate 1 Mobilization L.S. 1 $1,000.00 $1,000.00 2 Clearing and Grubbing L.S. 1 $4,500.00 $4,500.00 3 Earthwork L.S. 1 $2,000.00 $2,000.00 4 1-1/2" Type S3 Aspahalt/8" Base / 12" Subgrade S.Y. 600 $20.00 $12,000.00 5 Concrete Sidewalk S.F. 50 $2.50 $125.00 6 Type D Concrete Curb L.F. 40 $10.00 $400.00 7 Concrete Steps L.S. 1 $2,000.00 $2,000.00 8 Retaining Wall L.F. 110 $50.00 $5,500.00 9 Pavement Markings, Traffic Signage, & Concrete Wheel Stops L.S. 1 $650.00 $650.00 !0 !~and?ape e ?rigatio~ Ls: ! SS,000:00 ,5~000.00 1 Mobilization L.S. 1 $2,000.00 $2,000.00 2 Clearing and Grubbing / Tree Removal L.S. 1 $10,000.00 $10,000.00 3 1-1/2" Type S-3 Aspahalt / 8" Base / 12" Subgrade S.Y. 400 $20.00 $8,000.00 4 Asphalt Trench Repair L.F. 200 $25.00 $5,000.00 5 Asphalt Leveling and Overlay TOI~ 15 $45.00 $675.00 6 18" RCP L.F. 220 $45.00 $9,900.00 7 Type C Inlet EA. 4 $1,750.00 $7,000.00 8 Type "D" Curb L.F. 325 $10.00 $3,250.00 9 4 in PVC Sleeves L.F. 60 $4.00 $240.00 10 Concrete Sidewalk S.F. 700 $2.50 $1,750.00 11 Pavement Markings, Traffic Sigrnage, & Concrete Wheel Stop., L.S. 1 $1,000.00 $1,000.00 12 Relocate Existing Entry Gates L.S. 1 $1,250.00 $1,250.00 13 Landsca e & Irri~ation L S 1 $1,000 00 $1.000 00 ................................... ~ ................. ~ ..................... ; ~ r ~ TOTAL SANDOWAY AND INGRAHAM $84,240.00 Printed: 2/24/98 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~ SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 3, 1998 APPOINTMENT TO THE HISTORIC PRESERVATION BOARD DATE: FEBRUARY 26, 1998 Due to the automatic resignation of Anthony Damiano, there is a vacancy on the Historic Preservation Board to fill an 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. In addition, the City Commission shall appoint professional members from the fields of architecture, landscape architecture, history, architectural history, licensed contractor familiar with restoration, planning, archaeology, or other historic preservation related fields such as design, urban planning, American studies, American civilization or cultural geography, provided there are applicants available. Laypersons of knowledge, experience and judgment having an interest in historic preservation should compose the balance of the membership. Further, preference should be given to professional and lay people who own property within historic districts or whose property is listed in the Local Register of Historic Places. 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. The appointment will be made b_~_y Commissioner Randolp~ (Seat #4). Recommend appointment of a member to the Historic Preservation Board to fill an unexpired term ending August 31, 1999. ref: agmemo2 ~~ Appointment to the Historic Preservation Board City Commission Reqular Meetinq of March 3, 1998 The following individuals have submitted applications for your consideration. The list is separated into those persons owning property in an historic district and other applicants. Owns property in an historic district: Shane Ames (architect; Del-Ida Park) Cecil A. Jamison (architectural drafting; Del-Ida Park) Mary Lou Jamison (interior design courses; Del-Ida Park) Frank Rozzo (layperson; Old School Square) Other applicants: Bonnie Ansbacher (interior design) Janet Baron (layperson; real estate background; currently serving as a regular member on BOA) Ron Brito (contractor; currently serving on BCA) Gloria Elliott (layperson) Joe Farkas (loan officer; layperson) Bernard Federgreen (retired) Ruth Hauser (geography/planning degree) Robert L. Hornung, III (cosmetologist) George Maso Jones (layperson; realtor; currently on the Affordable Housing Advisory Committee) Gail Lee-McDermott (art major; architectural courses) Ralph Morse (layperson; photography) Randee S. Schatz (attorney & realtor) Rhonda Sexton (interior design) Carmelita Smith (teacher; currently on the Affordable Housing Advisory Committee) Timm R. Sweeney (marketing) Terrence Turbyfill (swap shop owner) Gregory E. Young (attorney) CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - MARCH 3, 1998 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 9.J. Resolution No. 17-98 (Sovereign Immunity) : Consider approval of a resolution opposing changes in the Constitution regarding Sovereign Immunity currently being considered by the Constitutional Revision Commission. ref:ADDENDUM [IT¥ DF DELRrt¥ BEI:I[H CITY ATTORNEY'S OFFICE TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 · ~a C~ MEMO~D~ ,,ii,,~[BBBB DATE: March3, 1998 ]993 TO: City Co~ission David Harden, CiW Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Constitutional Revision Co~ission (CRC) Consideration of Changes to Sovereign I~unity Enclosed is a resolution opposing changes in the Constitution regarding Sovereign I~unity currently being considered by the Constitutional Revision Co~ission (CRC). It is my understanding that ~endment No. 6 to Proposal 59 will be considered at a public hearing to be held at Nova University, Hall Auditorium, 3200 South University Drive, Davie, Florida at 8:00 a.m., Friday, March 6, 1998, and other places t~oughout the state. The previous proposed changes to the Constitution regarding Sovereign Immunity were defeated by a 15-16 vote of the CRC. To pass a proposal needs 22 votes. The current proposal is apparently being urged for consideration by the Chairman of the CRC, Dexter Douglas, a trial lawyer. To defeat the new proposal, it may be helpful to contact CRC members (see attached). The following is a list of objections to Amendment No. 6 to Proposal 59: 1. Local governments currently have complete immunity for discretionary/planning level decisions. The proposal would eliminate sovereign immunity for discretionary/ planning level decisions (i.e., the decision as to whether to place lifeguards at the beach during certain hours; whether to put a traffic light at an intersection; whether to place sidewalks in certain areas). 2. It would increase City liability for torts arising from operational/maintenance decisions (i.e., failure to repair sidewalks (slip and falls), auto accidents, and other injuries arising from torts) which currently are capped by general law at $100,000.00 per claim, $200,000.00 per occurrence. City Commission David Harden, City Manager March 3, 1998 Page 2 3. The Proposal places in the Constitution a requirement that claims exceeding the sovereign immunity cap (now currently $100,000.00) up to $500,000.00 must go to arbitration. This requirement adds another layer of bureaucracy and expense and may result in potential conflicts with jury verdicts by arbitrators. 4. The language of the proposed revision is too specific for the Constitution. Legislation which contains this level of detail is best if included in general law, so that changes will not require a constitutional amendment in the future. 5. The increased costs will be borne by taxpayers. The proposal is an unfunded state mandate that may necessitate increases in taxes. P~ would like to discuss this matter further. sovimmun.sar RESOLUTION NO. 17-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING THE PROPOSAL BEFORE THE CONSTITUTIONAL REVISION COMMISSION REGARDING SOVEREIGN IMMUNITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Constitution of the State of Florida, Article X, Section 3, now provides that general law applies as it relates to bringing suit against the State and other Governmental entities; and WHEREAS, general law currently waives sovereign immunity for torts arising from the operational activities of local governments in the amount of $100,000.00 per claimant, with a total of $200,000.00 per occurrence; and WHEREAS, the Constitutional Revision Commission recently rejected Proposal 59 which would have raised the sovereign immunity limit to $250,000.00 per claim and $500,000.00 per occurrence, indexing the limit to inflation, and placing attorney's fees outside of the sovereign immunity cap, and Proposal 77 which would have totally abrogated sovereign immunity; and WHEREAS, the Constitutional Revision Commission is now considering Amendment No. 6 to Proposal 59 amending the Constitution, which provides for a waiver of sovereign immunity to permit arbitration of claims between $500,000.00 and the sovereign immunity cap amount set by general law (currently $100,000.00 per claim or $200,000.00 per occurrence); and WHEREAS, Amendment No. 6 to Proposal 59 provides that the caps set forth in general law may be increased; and WHEREAS, the proposed change to the Constitution would eliminate the sovereign immunity of governments as to planning level decisions; and WHEREAS, the proposed change in the Constitution adds another layer of adjudication through arbitration of claims over the current sovereign immunity cap that may already have been adjudicated at trial; and WHEREAS, the proposed language effectively grafts specific legislative language into the Constitution, requiring a Constitutional amendment in the future to vary the monetary limits contained in the proposed revision; and WHEREAS, a change to the Constitution is not necessary to change or amend the parameters of sovereign immunity, as set forth in general law; and WHEREAS, the City Commission of the City of Delray Beach finds that the proposal now before the Constitutional Revision Commission, if passed, will result in an unfunded state mandate; and WHEREAS, the City Commission of the City of Delray Beach opposes the amendment to Proposal 59 and any other constitutional changes affecting sovereign immunity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach opposes Amendment No. 6 to Proposal 59 being considered by the Constitutional Revision Commission, set forth as Attachment "A" hereto. Section 2. That the City of Delray Beach opposes any change to The Doctrine of Sovereign Immunity by Constitutional Amendment. Section 3. The City Commission of the City of Delray Beach urges other local governments to adopt a resolution opposing modification of the Constitution as it relates to The Doctrine of Sovereign Immunity. Section 4. That copies of this resolution are authorized to be provided to appropriate officials. Section 5. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the 3rd day of March, 1998. ATTEST: ~ City ~lerk ! - 2 - Res. No. 17-98 ' ])~(~K)III We. SI ,, .,, 1 0 ~ /ndamnt 11 Delete everythLng after tho propoiXng c~auee _ ' to ou~t n~ozexe ~o 2s general lay. ~erelga !~n~y,ll vaXved'f~r"luCh'arbl~rs~Lon 37 ~nerea~ed ~ .e~rai Xau~ :'-" 3t ~d the ~AcXa 1 ~X~, Wordg o~eken ire do~et~onl~ ~rdl ~ ace addL~Lofl~. Attac~ent A ~ ' - -~:'4' &aendme~t.. ~. ' . 1 ~m~m eve~y~hAng bm~or~ ~hm pro~Lng clmum'e" 3 and Ansett, 4 A prO~a~ ~0 revise arbA~ra~Aon of eer~aAfl'~ort eXiAms~ provLdAfig a 1AmA~ on the ~Aver o~ mevereLgn ~nA~y ~or 10 1 3 . ...~ 1S ":' 17 1 1 ~ ''~'' ' ...... I~ ...... ..' .. -. . · . . ..: .'.. · .,. ~..~.~........- ..-. . -,.. ...:... ,, ;' :.'. *.. -;:.. ~ . ;;~.. ~1 ' 3~ '.' ~rg. OOSS. ck .~OS "-- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/~ ~ SUBJECT: AGENDA ITEM # /~A - REGULAR MEETING OF MARCH 3, 1998 ORDINANCE NO. 12-98 (DESIGNATING THE PRICE HOUSE AS AN HISTORIC SITE) DATE: FEBRUARY 26, 1998 This is second reading and a public hearing for Ordinance No. 12-98 which designates the Price House as a local historic site and adds it to the Local Register of Historic Places. The house is located at 1109 Sea Spray Avenue. It was originally constructed at 526 North Ocean Boulevard, but was recently relocated by the new owner, Carl Steven Hayes. Mr. Hayes initiated the request for historic designation. A copy of the designation report is attached. The Historic Preservation Board conducted a public hearing on this matter on February 4, 1998, and voted unanimously to recommend approval. At first reading on February 17, 1998, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 12-98 on second and final reading. ref:agmemol4 ORDINANCE NO. 12-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PRICE HOUSE LOCATED AT 1109 SEA SPRAY AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, Carl Steven Hayes, owner of the property located at 1109 Sea Spray Avenue and more particularly described herein, initiated the nomination of the Price House for historic designation, and a designation report was subsequently prepared; and WHEREAS, the Historic Preservation Board held a duly noticed public hearing in regard to the historic designation on February 4, 1998, and voted unanimously to recommend that the property described herein be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described herein as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, to-wit: THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach, Florida; more particularly described as Lot 11, Sea Spray Estates, as recorded in Plat Book 21 at Page 15 of the Public Records of Palm Beach County, Florida. 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 show the historic designation, in an overlay manner. 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. PASSED ~D ~OPTED in regular session on second and final reading on this the 3rd day of March . , 1998. ATTEST: .... J City-Cl~rk l First Reading February 17, 1998 Second Reading March 3, 1998 - 2 - Ord. No. 12-98 --,,il I 1---------/ ~ J ~ PELC N LANE SOUTH __,XI I I / / I ~ I I ~J I I I I I ! - ~ ~~X I HAMPTON --~ ~ I I WATERWAY NORTH CONDO I ~ ! I c~ HAMPTONI --~ / ~<f- Bou,~vARD ~ / SAINT , HWAYS / I I ~, I ~ I M.S.A. M.S.A. T~ACT ' ~ I ' ~ NEW LOCATION OF THE PRICE HOUSE ~ .~..,.~ ~*.~.~ 1109 SEASPRAY AVENUE Cl~ ~ 0~AY B~ACH, FL TO: DAVID T. HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING FROM: PAT CAYCE, HISTORIC PRESE ATION PLANNER SUBJECT: MEETING OF FEBRUARY 17, 1998 FIRST READING OF AN ORDINANCE TO DESIGNATE THE PRICE HOUSE, 1109 SEA SPRAY AVENUE TO THE LOCAL REGISTER OF HISTORIC PLACES. The action requested of the City Commission is that of approval on first reading of an ordinance designating the Price House to the Local Register of Historic Places. BA~KGR:O~ND J The Price House, designed by noted Delray Beach architect Samuel Ogren, Sr., was constructed in '1935. Designed in the Monterey style, it conforms to the features of the style as described in the Delray Beach Design Guidelines. The Price House is a two story single family residence of frame construction with a symmetric facade, cross gabled roof, and a combination of clapboard and batten and board exterior. Many of the original wood sash windows remain as do the historically correct wood shutters on the second story. Two balconies with wood railings flank the center bay and brick chimney of the second floor front facade. The house was originally located at §26 North Ocean Boulevard. Built for Mr. and Mrs. E.A. Price, the family retained ownership until it was acquired and relocated to '1'109 Sea Spray Avenue by the new owner, Carl Steven Hayes. Development pressures and escalating land prices on Ocean Boulevard were the determining factors which resulted in the need to either demolish or relocate the structure. Fortunately, for the City's historic structures inventory, the latter occurred. City Commission Documentation Price House Historic Status Page 2 The Price House was designed by Delray Beach's first and most prolific registered architect, Samuel Ogren, Sr. He was apprenticing in the West Palm Beach architectural firm of William Manley King in 1924 when he designed his first building in Delray, a single family residence at 704 N. Swinton Avenue. Delray Beach officials, impressed with the design, offered him the position of City Architect. Mr. Ogren accepted and moved his practice and family to Delray Beach in 1924 to begin a career which provided the City with more than 250 structures. Among his more notable commissions in the City are the High School and Gymnasium, both listed in the National Register; the Arcade Tap Room; and the Marine Villas. The Price House is significant for its architecture; it represents one of the finest examples of the Monterey style in the City. The house is essentially unaltered and many of its original architectural elements remain intact, taken as a whole these features greatly enhance the historic fabric and significance of the house. The Price House is zoned R-AAA. The legal description is as follows: Lot 11, Sea Spray Estates, Plat Book 21, Page 15, of the Public Records of Palm Beach County. The request for designation was initiated by the owner, Carl Steven Hayes. Additional background and analysis is provided in the attached designation Report. The Historic Preservation Board considered this item at a Public Hearing on February 4, 1998. After discussion, the Board voted unanimously to recommend historic designation to the City Commission. By motion, approve the ordinance designating the Price House, 1109 Sea Spray Avenue, to the Local Register of Historic Places. Attachment: Price House Designation Report. fllelulww lprice-cc DESIGNATION REPORT HISTORIC PRESERVATION BOARD DELRA Y BEA CH, FLORIDA THE PRICE HO USE 1109 SEASPRA Y A VENUE DELRAYBEACH, FLORIDA THE PRICE HOUSE Table of Contents I. GENERAL INFORMATION II. LOCATION MAP III. HISTORICAL AND CULTURAL SIGNIFICANCE II5. ARCHITECTURAL SIGNIFICANCE V. STATEMENT OF SIGNIFICANCE VI. BIBLIOGRAPHY,, SOURCES AND INTERVIEWS VII. PHOTOGRAPHY The Designation Report, and its associated research, was produced by Susan Krassy, Research Atlantica, Inc., 728 Granada Way, Boca Raton, FL 33432. Revisions and additions were made to the report subsequent to the relocation of the house from 526 N. Ocean Boulevard to its present site, 1109 Sea Spray Avenue, by Patdcia Cayce, Planning Department, City of Delray Beach. I. GENERAL INFORMATION Location: 1109 Sea Spray Avenue Delray Beach Florida Date of Construction: 1935 Principal Architect: Samuel Ogren, Senior Present Owner: Cad Steven Hayes Present Use: Residential Present Zoning: R-1AAA Palm Beach County Tax Folio Number: 12-43-46-16 24-000-0110 Current Legal Description: Lot 11, Sea Spray Estates, Plat Book 21, Page 15, of the Public Records of Palm Beach County. CLASSIFICATION FOR DESIGNATION: CULTURAL & ARCHITECTURAL III. ARCHITECTURAL SIGNIFICANCE The Price House was originally located at 526 North Ocean Boulevard. The legal description of the original site was as follows: Revised plat of Blocks D & E, Palm Beach Shore Acres, Lots 6 & West of State Road A-l-A, less the west 200 feet of Block E. A map of the original location is included in Chapter VI, Bibliography and Sources. The house was relocated due to development pressures and escalating land prices on Ocean Boulevard. The Price house was designed in the Monterey style by architect Samuel Ogren, Sr. and was constructed in 1935. The Monterey style was adapted from the Spanish Colonial and American territorial period architecture of northern California. The original buildings combined stucco exterior with traditional wooden elements of New England style which were brought to California by settlers from the eastern United States. The style gained revival status in California in the 1920s and its popularity spread, mainly through the southern United States, during the late 20s and the 1930s. The most distinguishing characteristic of the Monterey style is the "second story balcony (which is) usually cantilevered and covered by the principal roof.''~ In Ogren's plan the design feature is repeated in an unusual double balcony on the front facade which is separated by a symmetrical central block with brick chimney. The balconies have simple wooden detailing typical of the Colonial influence, beneath the left balcony is a porte cochere. Upon review of an historic photograph of the Price House the railings were originally decorative wrought iron.2 Additional details which appear in the photograph but are no longer present are ornate wrought iron transoms above the ground floor windows. The Price House is a two story wood frame structure with two one-story areas located to the rear. The Iow pitched roof is cross gabled; the window treatment is generally symmetrical. The first story exterior is sheathed in horizontal clapboard, the second story is vertical batten and board. A brick chimney, flanked by windows on the first and second floors, is a focal point of the front facade. The front entry features a modest wood door surround. The majority of the windows throughout the house are 6/6 and 6/1 double hung sash and are flanked by wood shutters. The shutters are historically correct on the second story but not on the first. Rear windows have been replaced with aluminum awning windows. The original front windows on the first floor have been replaced with fixed glass panes. ~ Virginia and Lee McAlester, "A Field Guide to American Houses". (New York: Alfred A. Knopf, 1988), p. 431-433. ~ ~Uncataloged Photos from Sam Ogren, Sr., Personal Album of Homes He Designed", Delray Beach Historical Society. The rear entry has a unique glazed tile baseboard. Along a wall near the rear entrance is a stone fountain set within a framework using the same blue and yellow tile. Architect Ogren was known to enjoy tile work and used it frequently as finishing details to his designs? A review of building records for the City of Delray Beach reveals that remodeling occurred in 1937 and repairs from fire damage were completed in 1976. Few changes have been made to the intedor and extedor of the house. A description of the Monterey style found on page 20 of the "Design Guidelines for Historic Places: A Preservation Manual" compiled by the Historic Preservation Board in 1990 for Delray Beach uses a sketch of the Price House as a good example of the style. Section 4.5.1(B)(3) of the City of Delray Beach LDRs outlines the criteria for determining the architectural and aesthetic significance of historic structures. Listed below are criteda which relate to this property, and justification for designation: (b) "Embodies those distinguishing characteristics of an architectural style, period, or method of construction." The Price House is a good example of the Monterey style of architecture. It has a distinct cantilevered balcony which adapted well to the Florida climate. The house was designed by Samuel Ogren, Sr. during the Depression years of the 1930s sometimes called the "Golden Age" for Delray Beach. While the style was quite popular with South Florida's resort communities, most notably the Town of Palm Beach, only six Monterey style residences were cited within the Delray Beach Histodc Sites Survey of 1987. Presently there is only one designated Monterey style structure in Delray Beach. The Pdce House cleady fulfills criteria (b) for listing in the Local Register of Historic Places. (c) "Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder." The single family Price House is a notable work of prominent architect Samuel Ogren Sr. who was selected as Delray Beach's first "City Architect" in 1924. Ogren, who had no formal training, designed over 250 houses between 1924 and 1950. His most recognizable works were the Arcade Tap Room and Delray Beach High School. He also designed two Mediterranean Revival style houses on Delray Beach's Bankers Row. Ogren was considered a key architect in the development of Delray Beach's resort style. In 1935 he created the Better Housing Office "to provide quality craftsmen, masons, artisans" in Delray Beach.4 Because the Price House was designed by Ogren it cleady fulfills cdteda (c) for listing in the Local Register of Historic Places. Interview: Samuel Ogren, Jr., 13, September 1997. "Samuel Ogren, 88, First Resident Architect in Delray Beach", Fort Lauderdale Sun-Sentinel, 23, February, 1988. IV. HISTORICAL AND CULTURAL SIGNIFICANCE During the 19308 Delray Beach experienced the world-wide Depression in a unique manner. The period from 1933 through 1941 was considered a "Golden Age" for this small beachfront community.5 Popular artists, writers, poets and socialites maintained winter homes in Delray Beach. The social hub of this "Artists' Colony" was the Arcade Tap Room. Celebrities ranged from popular cartoonist, Fontaine Fox, to acclaimed poet, Edna St. Vincent Millay.8 As Delray Beach's reputation grew so did the number of winter visitors. By 1934, 1500 people filled the eight local hotels and guest quarters, greatly adding to the full time population of 2800 residents.7 Hotels, clubs, shops, a madna and polo grounds provided entertainment for these seasonal visitors. Prominent South Florida architects were actively creating a resort style architecture that reflected the lively lifestyles of both the seasonal and permanent residents. Samuel Ogren Sr., Delray Beach's City Architect, provided leadership when he created a Better Housing Office which contributed to the high quality of construction by supplying trained craftsmen to the building trade. Ogren designed more than 250 houses in Delray Beach between 1924 and 1950. While his eadier designs were in the popular Mediterranean Revival style and Mission style his commission in the mid 19308 for Mrs. Edwin A. Pdce was in the Monterey style.8 The Price property extended from two small oceanfront lots east of State Road A-1-A to a large double parcel over 400 feet deep on the west side of A-1-A. Some of the homeowners along this portion of A-1-A constructed cabanas or small chickees on their oceanfront properties. Seminole Indians were employed to construct replicas of their traditional chickees. It is not known whether the Price family had such an oceanfront facility. The earliest available Delray Beach City Directory describes Mrs. Price as "Margaret, widow of E.A. Price."9 It is unknown when Edwin A. Pdce died. The given address for the original location of the Pdce residence in the directory is 611 North Ocean Boulevard. A bold O next to Mrs. Price's name denoted ownership of the property. The 1953 City Directory gives the Price address as 616 North Ocean Boulevard. It was a common practice to change house address numbers by either city or fire department officials. The Price family retained ownership of this property until it was acquired and relocated by the new owner, Cad Steven Hayes. s ,Desi9n Guidelines for historic Places: A Preservation Manual", copliled by the Historic Preservation Board, 1990, p. 3. ~ Lora Sinks Britt, ~Artists and Writers Colony", My Gold COast, (Palatka, FL: Brittany House, 1984) p. 159. ? Delrav Beach News, 14, December, 1934. 8 ~Index of Designs", by Samuel 09ren, Sr., Job #52. 9 "Miller's Delray Beach City Directory" (Asheville, NC: Southern Directory Co.), 1948-1949, and 1953-1954. 7 Section 4.5.1(B)(2) of the City of Delray Beach LDRs outlines the criteria for determining the historical and cultural significance of a property. Listed below are the criteria which relate to this property and justification for designation: (d)"Exemplifies the historical, political, cultural, economic, or social trends of the community in history." The Pdce House exemplifies the development of the City of Delray Beach during its "Golden Age." The Depression was a decade of economic difficulties throughout the United States but Delray Beach was able to adapt to those difficult times by developing a resort community and artists' colony that provided an environment for continued economic growth. The "Golden Age" attracted seasonal visitors who helped stimulate local businesses. While it is not known what professional or social positions were held by the Price family the size and original location of their residence indicates a high degree of prosperity. V. STATEMENT OF SIGNIFICANCE The Monterey style house located at 1109 Sea Spray Avenue is significant as an example of the work of prominent local architect, Samuel Ogren, Sr. Ogren was the first City Architect for Delray Beach. His work included the Delray Beach High School and the popular Arcade Tap Room. This oceanfront residence reflects Ogren's work dudng the height of Delray Beach's "Golden Age" when the City developed into a popular and successful resort community despite a nationwide Depression. It should be noted that there is only one individual designation of a Monterey style building within Delray Beach; a relocated residence within the Old School Square District, which now serves as the Judge Knott Center for Historic Preservation. Resettling histodc buildings is "sometimes necessary as the nature of many odginal sites has been impacted.''~° The Monterey style is recognized as contributing to the appeal of Delray Beach as a winter resort community. The designation of the Price House as a local historic structure would result in the recognition of this residence as an important element of the architectural and cultural development of Delray Beach. x0 ~Desi9n Guidelines for Historic Places: A Preservation Manual", p. 50. VI. BIBLIOGRAPHY, SOURCES AND INTERVIEWS Britt, Lora Sinks, "Artists and Wdters Colony", My Gold Coast, Palatka, FI: Brittany House, 1984. City of Delray Beach, Flodda. Building Permits. Delray Beach Historic Sites Survey, compiled by the Historic Palm Beach County Preservation Board, July 1987. "Design Guidelines for Historic Places, A Preservation Manual," compiled by the Historic Preservation Board, Delray Beach. 1990. McAlester, Virginia and Lee McAlester. A Field Guide to American Houses. New York: Alfred A. Knopf, 1988. Miller's Delray Beach City Directory, Southern Directory Co. Publishers. Asheville, North Carolina. Vol. 1, 1948-1949, and Vol. III, 1953-1954. "Samuel Ogren, 88, First Residential Architect Delray Beach," obituary..Fort Lauderdale Sun-Sentinel, 23, February 1988. Ogren Family File, Delray Beach Historical Society. "Uncataloged Photos from Samuel Ogren, Sr., Personal Album of Homes He Designed," Delray Beach Historical Society. Ogren, Jr., Samuel. Delray Beach, Florida, by telephone, 13 September 1997. 9 BRID GE - WA TERWA Y NORTH CONDO HAMPTON BOULEVARD [ INLET /COVE GEORGE SAINT sou TH WA YS VINCEN T'S THE CHURCH )._ LANDINGS CONDO ~ CRESTWOOD ~ HAM ND RD. J~ DRIVE N.E. 5TH ST. N.E. 4TH ST. ~.~ BEACH DRIVE SEA SPRAY AVE. __ 0 WATERWAY LANE VISTA DEL MAR DRIVE --~~ ORIGINAL LOCATION OF THE PRICE HOUSE ,:'.A.,,,,.C,:,","A.'..~,.,? 526 N. OCEAN BOULEVARD CITY OF DELRAY BEACH, FL -- DIGIT,4I.. 8,45£ MAP SYSTEM -- MAP REF: LM183 VII. PHOTOGRAPHY PRICE HO USE FRONT FACADE- PRIOR TO RELOCATION THE PRICE HOUSE IN IF ORIGINAL LOCATION PHOTOGRAPH SIGNED BY SAMUEL OGREN, SR., UNDATED 11 RIGHT PORTION OF THE FRONT FA CADE PRIOR TO RELOCATION TILE BASEBOARD & FOUNTAIN FRONT ENTRANCE REAR ENTRANCE PRIOR TO RELOCATION 12 PRICE HOUSE IN TRANSIT 13 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MJ~AGER~ SUBJECT: AGENDA ITEM #/~P- REGULAR MEETING OF MARCH 3, 19.98 ORDINANCE NO. 11-98 (ALCOHOLIC BEVERAGES) DATE: FEBRUARY 26, 1998 This is second reading and a public hearing for Ordinance No. 11-98 which amends Section 113.02, "Prohibition of Consumption of Alcoholic Beverages in Public Places" The code currently provides that it is a violation to consume an alcoholic beverage while in the public right-of-way. However, possession of an alcoholic beverage in an open container is not addressed and the court has taken the position that it is not a violation of our ordinances. Ordinance No. 11-98 will make it a violation to possess an open container of alcohol in the public right-of-way. The current ordinance grants an exception to patrons of the Delray Beach Municipal Golf Course regarding consumption of alcohol. The new ordinance will continue to grant the exception to patrons of the Delray Beach Municipal Golf Course regarding consumption of alcohol or possession of an open alcoholic container as well as extending the exception to patrons of the Lakeview Golf Course. The new ordinance also provides that patrons attending a special event at the Tennis Center will also be excluded from the provisions of this new ordinance. Special events at Old School Square are already exempted under the current code. At first reading on February 17, 1998, the Commission passed the proposed ordinance by a vote of 4 to 1 (Mr. Randolph dissenting). Recommend approval of Ordinance No. 11-98 on second and final reading. ref:agmemol5 ORDINANCE NO. 11-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES", SECTION 113.02, "PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES", OF THE CITY CODE TO PROVIDE THAT IT IS A VIOLATION OF THIS ORDINANCE TO POSSESS AN OPEN CONTAINER OF AN ALCOHOLIC BEVERAGE IN CERTAIN PUBLIC PLACES; TO CLARIFY THE ABILITY OF PATRONS TO CONSUME ALCOHOL AT THE LAKEVIEW GOLF COURSE AND DURING SPECIAL EVENTS AT OLD SCHOOL SQUARE AND THE. TENNIS CENTER; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 113.02 of the City Code, consuming alcohol while in the public right-of-way is a violation of the City Code; and WHEREAS, the City Commission deems it to be in the public interest to also prohibit the possession of an open container of an alcoholic beverage while in the public right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 113, "Alcoholic Beverages", Section 113.02, "Prohibition of Consumption of Alcoholic Beverages in Public Places", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 113.02 PROHIBITION OF CONSUMPTION OR POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES. (A) Within this city it shall be unlawful for any person to consume alcoholic beverages or have in his/her possession any open container containinq an alcoholic beveraqe while such person is: (1) On the public streets, sidewalks, alleys and other rights-of-way with the exception that seated patrons of a permitted sidewalk cafe may consume alcoholic beverages; (2) On the beach; (3) In public parks, ~ /~ /~~ provided, however, that patrons of the restaurant~ located at the Delray Beach Municipal Golf Course and Lakeview Golf Course may consume alcoholic beverages on the Delray Beach Municipal Golf Course and Lakeview Golf Course when they are golfing, and ~/~~/~/E~~/~~ ~~/~/~~~/~/~/~~/~/~ patrons attendinq an Old School Square, Inc. event at Old School Square or a Delra¥ Beach Tennis Center event at the Delra¥ Beach Tennis Center may consume alcoholic beveraqes durinq the event ~~/~/~~/~g~; (4) In motor vehicles or trailers; or (5) On business property outside the building with the exception that patrons seated at permanent tables provided by the business may consume alcoholic beverages. (B) Any person may request that the City Manager waive the applicability of division (A) for certain public functions or affairs. The City Manager shall have seven (7) days to consider such a request and if denied, the applicant may appeal the denial of the request to the City Commission. Such appeal to the City Commission must be made within seven (7) days and will be considered by the City Commission within thirty (30) days of the denial. 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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 3rd day of March , 1998. ATTEST: ~ Cit~ ~erk ~±rst Reading ~ebruar7 Second Reading March 3, - 2 - Ord. ~o. 11-~8 TO: DAVID T. HARDEN, CITY MANAGER ,~,. ,.. FROM: DIANE DOMINGUEZ, P& Z DIRECTOR SUBJECT: MEETING OF MARCH 3, 1998 AMENDMENT TO LDR SECTION 4.4.13, CENTRAL BUSINESS DISTRICT, RESTRICTING SECOND HAND SALES ON N.E. 2ND AVE. (PINEAPPLE GROVE WAY) This amendment was initiated by the City Commission at the meeting of February 17, 1998, at the request of the Pineapple Grove Main Street organization. The Commission directed the Planning & Zoning Board to consider prohibiting second hand sales altogether in the subject area, or allowing them as a conditional use. The attached P & Z Board staff report provides a description and analysis of those alternatives. The Board held a public hearing on this item on February 23, 1998. There was considerable public comment both in favor of and opposed to the amendment. After a lengthy discussion, the Board voted 5-1 to recommend approval of Alternative "B", which would allow the sale of second hand material other than verifiable antiques on Pineapple Grove Way as a conditional use. While two alternatives were presented to the Planning and Zoning Board, the only amendment that was advertised for the City Commission hearing was Pineapple Grove Main Street's odginal request, which would prohibit secondhand sales on N.E. 2nd Avenue altogether. Therefore, if the City Commission wishes to follow the Planning and Zoning Board's recommendation and allow secondhand sales as a conditional use, the ordinance will have to be readvertised, and another first reading will have to be held on March 17th. Attachments: · Planning and Zoning Board Staff Report , Proposed Ordinance lO.C, ORDINANCE NO. 14-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4 . 4 . 13 (H) , "SPECIAL REGULATIONS" , SUBPARAGRAPH 4.4.13 (H) (1) , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO RESTRICT THE SALE OF SECOND HAND MATERIAL, OTHER THAN VERIFIABLE ANTIQUES, ON N.E. 2ND AVENUE (PINEAPPLE GROVE WAY) WITHIN THE CENTRAL BUSINESS DISTRICT; 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 February 23, 1998, and forwarded certain changes with a recommendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(H), "Special Regulations", subparagraph 4.4.13(H) (1), of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (H) Special Regulations: (1) The sale of second hand material, other than verifiable antiques, shall not be allowed within businesses nor on properties which have an entry from and/or windows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 14-98 MEETING OF: FEBRUARY 23, 1998 AGENDA ITEM: VI.C AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.4.13(H)(1), CENTRAL BUSINESS DISTRICT, RESTRICTING SECOND HAND SALES ON N.E. 2ND AVE. (PINEAPPLE GROVE WAY) The item before the Board is consideration of an amendment to the Land Development Regulations that would further restrict the sale of second hand merchandise and materials in the Central Business District. The affected LDR section is 4.4.13 (H)(1), Central Business District. Special Regulations. Pursuant to Section 1.1.6, amendments to the Land Development Regulations shall not be made until a recommendation is obtained from the Planning and Zoning Board. This LDR amendment was initiated by the City Commission at its meeting of February 17, 1998, at the request of the Pineapple Grove Main Street organization (see attached letter from PGMS Program Manager Tom Fleming). Currently within the CBD, the sale of second hand merchandise, other than verifiable antiques, is prohibited within businesses which have an entry from and/or windows along Atlantic Avenue. The requested amendment would extend that prohibition to N.E. 2nd Avenue, also known as Pineapple Grove Way. Restrictions on second hand sales in the CBD date back to October 1990, when the new Land Development Regulations were originally adopted. The restriction was added to the CBD regulations at the request of the Downtown Development Authority, whose members had expressed concern over certain uses that were permitted in the district. Originally the restriction applied to all properties located between N.E. 1st and S.E. 1st Streets. In November of 1990, AVDA (Aid to Victims of Domestic Assault) leased a building located in the first block of S.E. 4th Avenue for use as a thrift store. AVDA intended to raise funds for its programs through the sale of donated second hand merchandise at this location. After being informed that the use was not permitted at the P & Z Board Staff Report LDR Amendment re: Second Hand Sales in the CBD Page 2 proposed location, they asked that the LDRs be amended, or that an exception be made for their store. After meetings with the DDA, the Planning and Zoning Board, and the City Commission, the LDRs were amended in December of 1990 to prohibit secondhand sales only within buildings facing Atlantic Avenue. The Main Street Program is in the process of adopting its Neighborhood Plan. The plan calls for Pineapple Grove Way to become a venue for the cultural arts, and emphasizes the importance of the character of this street in achieving the economic development objectives for the Main Street area. The sale of secondhand merchandise is one of several uses that the group wants to limit or prohibit in the program area. The purpose of the request is to prevent a proliferation of thrift and consignment shops on Pineapple Grove Way, which is considered to be the "signature street" of the Main Street area. Requests for additional LDR amendments will be forwarded to the City Commission and the Planning and Zoning Board in the future. As proposed, the amendment would prohibit the use entirely within any business which has an entry from and/or windows along, and/or frontage on N.E. 2nd Avenue, between East Atlantic Avenue and N.E. 4th Street. This language is consistent with the existing restriction that applies to Atlantic Avenue. At the City Commission meeting of February 17, Commissioner Egan suggested an alternative approach that would continue to allow second hand sales, but as a conditional rather than a permitted use. This alternative would provide an opportunity to review each application on an individual basis, and apply conditions that would help to mitigate the impacts of the use. Conditional use approval requires a public hearing before the Planning and Zoning Board, and final approval by the City Commission. There is a basis for considering restrictions on the use of second hand sales. In observing several of the second hand and consignment shops throughout town, there is a wide discrepancy in appearance and operation that is not typical of retail establishments dealing in new merchandise. Particularly in the case of establishments dealing with donated goods, the main attraction for customers is the extremely Iow price of the items, and little attention is paid to creating attractive window displays or improving the exterior appearance of the buildings. Interior displays are often disheveled and disorganized. Rear drop-off areas sometimes go unattended for long periods, with merchandise piling up or getting blown about in windy conditions. These conditions are inconsistent with the goals of the Main Street program to eliminate blighted areas, facilitate economic stimulation and investment, and improve the marketability of area establishments. P & Z Board Staff Report LDR Amendment re: Second Hand Sales in the CBD Page 3 There are two policies contained in the Future Land Use Element of the Comprehensive Plan which provide a further basis for regulation of this use. Policy C- 4.1 states that the zoning district regulations for the Central Business District shall facilitate and encourage rehabilitation and revitalization, and shall address the "deletion of inappropriate uses." Policy C-4.4 states that the City supports the efforts to revitalize the Pineapple Grove Main Street area, and the use of the Main Street approach (organization, promotion, design, and economic restructuring). Two alternative LDR amendments are included as attachments to this report. The first includes the language suggested by Pineapple Grove Main Street, and would prohibit second hand sales altogether (except for existing establishments). The second would continue to allow them in this area as a conditional use. A. Continue with direction. B. Recommend approval of Alternative Amendment "A", which prohibits the sale of second hand material other than verifiable antiques on N.E. 2nd Avenue Pineapple Grove Way). C. Recommend aproval of Alternative Amendment "B", which allows the sale of second hand material other than verifiable antiques on N.E. 2nd Avenue (Pineapple Grove Way) as a conditional use. D. Deny the proposed amendment(s). Discuss the proposed alternatives and by motion, recommend that the City Commission restrict the sale of second hand sales through adoption of one of the proposed alternative amendments to LDR Section 4.4.13, Central Business District, as attached. Attachments: · Proposed Amendment "A" · Proposed Amendment"B" · Letter from Tom Fleming, PGMS Program Manager ALTERNATIVE AMENDMENT "A" 4.4.13 Cel~tral Business (CBD) District (H) Special Repulations: (1) The sale of second hand material, other than vedfiable antiques, shall not be allowed within businesses, nor on properties, which have an entry from and/or windows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street. ALTERNATIVE AMENDMENT "lB" 4.4.13 Central/Business (CBD) District (D) Conditional U~e$ and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (16) The 8ale of second hand material, other than verifiable antiques, within businesses or on properties which have an entry, from and/or windows along and/or frontage on N.E. 2nd Avenue (a/k/a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street. PinEapplE GROVE M^in SmEEI', Inc. The F/or/da Main Street Program for Delray Beach 187 Pineapple Grove Way Delray Beach Florida 33444 February 9, 1998 Diane Dominguez, Planning Director City of Delray Beach 100 NW 1'~ Ave. Delray Beach, FL 33444 Dear Ms. Dominguez: This letter transmits our request for an amendment to Section 4.4.13(G)(2), subsection (H)(1), of the City's Land Development Regulations (LDRs), as more fully described below. BACKGROUND During its regular meeting of January 14, 1998, the Board of Directors of Pineapple Grove Main Street, Inc. (PGMS), approved and adopted the final draft of its Neighborhood Plan for 'Main Street' in the Grove (the "Plan") for delivery to local authorities. A copy of the Plan is enclosed. The Board directed its Program Manager to schedule presentations to the Delray Beach City Commission, Commllrlity Redevelopment Agency, and Downtown Development Authority at their earliest convenience. At the time of presentation, the respective authorities will be asked to accept the Plan and work with PGMS to formulate budgets and implementation schedules. The Plan is a product of two years' work by hundreds of individuals, beginniag with a public Planning and Design Charrette, conducted March 1" and 2'~, 1996, and culminating with last month's Board meeting. It represents considerable community input and is intended to facilitate the realization of the community's vision for Pineapple Grove. Overall, the Plan is intended to accomplish several objectives in Pineapple Grove for the benefit of the neighborhood, the downtown area, and the City of Delray Beach as a whole, among which are the following. Attract the cultural arts Provide additional neighborhood shopping, ente 'rtamment, and educational oppommifies. · Improve environmental conditions. · Increase pedestrian traffic/activity. Calm the flow of vehicular traffic. · Eliminate blighted conditions. · Provide a catalyst for future development. · Facilitate economic stimulation and investment. · Improve marketability. · Create jobs. · Increase nighttime activity. Provide housing opportunities. · Increase the availability of parking. Fax (561) 279~108 Plsone (561) 279-9952 We are reviewing the City's Land Development Regulations (LDRs) to locate and address any that might bear on the effectiveness of the Plan and realization of the vision. The proposal transmitted by this letter addresses our highest priorities for Pineapple Grove Way, specifically, (1) creating an environment that encourages the cultural arts, and (2) strengthening the economic vitality of the "Main Street" Program Area. PROPOSED AME~~ We recommend the following amendment to LDR Section 4.4.13(O)(2), as follows (deletions are identified by r,~, and additions by underline): (H) Special Regulations: ' (1) The sale of second hand material, other than verifiable antiques, shall not be allowed within businesses~ nor on properties, which have an entry from and/or windows along and/or frontage on East Atlantic Avenue or NE 2"d Avenue (a/k/a Pineapple Grove Way) between East Atlantic Avenue and NE 4'~ Street. Two so-called thrift/second-hand stores are presently located on Pineapple Grove Way. Both are good businesses and welcomed neighbors. If our understanding is correct, the proposed amendment will not affect these businesses as long they continue to operate in their present locations. Instead, they would become non-conforming uses meaning that should their locations cease to operate as thrift/second-hand stores for six or more months, the amended LDR would then apply. It is not our intention to limit the two existing businesses, but rather affect any new businesses looking at Pineapple Grove Way as potential locations. The Plan addresses several other uses considered inappropriate for Pineapple Grove Way. We will continue our research of the LDRs and communicate with you regarding additional proposals for amendments as they arise. Thank you in advance for taking the time to consider the above. Please call us (279-9952) at your earliest convenience to discuss the matter. V~,yy o Thomas F. i~ Program Manager ~ c: David Harden Janet Onnen MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~.~ SUBJECT: AGENDA ITEM #/~- REGULAR MEETING OF MARCH 3, 1998 ORDINANCE NO. 13-98 (TEMPORARY PARKING LOTS) DATE: FEBRUARY 27, 1998 This is first reading for Ordinance No. 13-98 which amends LDR Section 2.4.6(H), "Temporary Use Permits", to allow temporary parking lots in certain areas when approved by the City Commission. The concept behind the amendment was suggested by the Parking Management Team last year as a means to address the growing demand for parking downtown. The temporary parking lots would be permitted only in specified sections of the Central Business District, in the Community Facilities (CF) District bounded on the west by Swinton Avenue, on the east by the Intracoastal Waterway, N.E. 2nd Street on the north and S.E. 2nd Street on the south, and in portions of the non-residential zoning districts between Swinton Avenue and 1-95. Parking provided through these lots would be supplemental and could not be used to fulfill minimum off-street parking requirements. They would not be held to the strict design standards required for parking lots, but would have to meet certain specifications. The Planning and Zoning Board considered the amendment at a public hearing on January 26, 1998, and voted unanimously to recommend approval subject to two modifications which have been incorporated into the proposed ordinance. Additional comments have been received from the Downtown Development Authority and the Parking Management Advisory Board, which are set out in the attached addendum to staff documentation. Items 2. and 3. need to be addressed by the City Commission, with direction on whether or not to amend the proposed ordinance. Recommend consideration of Ordinance No. 13-98 on first reading. If passed, a public hearing will be scheduled for March 17, 1998. ref: agmemo21 ADDENDUM TO CITY COMMISSION DOCUMENTATION OF 2117/98 TO: DAVID T. HARDEN, CITY MANAGER z / SUBJECT: MEETING OF MARCH 3, 1998 LDR AMENDMENT ALLOWING TEMPORARY PARKING LOTS TO BE PERMITTED WITHIN CERTAIN SECTIONS OF THE CBD AND PORTIONS OF THE NON-RESIDENTIAL ZONING DISTRICTS BETWEEN SWINTON AVENUE AND 1-95. 1. There was an oversight in the description of the area where temporary lots could be permitted. Section 2.4.6 (H)(7)(3)(d)(1) should have also included the CF district between Swinton Avenue and the Intracoastal Waterway. The first bullet in this section should read as follows: · the portion of the Central Business District (CBD) and Community Facilities District (CF) which is bounded by Swinton Avenue on the West, the Intracoastal Waterway on the east, NE 2nd Street on the north and SE 2nd Street on the south. The ordinance has already been amended to include this change. A map has also been attached to show the total area where temporary lots could be permitted. 2. The DDA has made an additional comment to the proposed ordinance. The Board feels that it is a hardship to require covering or removal of the rock base and resodding or landscaping of temporary parking lots upon expiration of the permit. Section 2.4.6 (H)7(3)(d)7 reads as follows: 7. Within thirty (30) days of expiration of the permit, all rock or gravel surfaces shall either be removed or covered with top soil. The site shall then be sodded or landscaped as determined acceptable by the Planning and Zoning Department. If the Commission concurs with this comment, Section 2.4.6 (H)(7)(3)(d)(7) should be eliminated. 3. The Parking Management Advisory Board has also made an additional comment to the proposed ordinance. The Board would like the option of utilizing a 4 feet high opaque fence to screen the parking lot removed. If the Commission concurs with this comment, Section 2.4.6 (H)(7)(3)(d)(8)(e) should be amended to read as follows: e. The parking lot perimeter shall be buffered with a minimum 3 feet wide landscape strip, screened with a minimum 2 feet high hedge--e~-.4-fee-t--hi~h ,,~,~,,~ ....... *,,.,,,,,.. Water for irrigation shall be available within fifty (50) feet of all landscaped areas. ORDINANCE NO. 13-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.6(H), "TEMPORARY USE PERMIT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW TEMPORARY PARKING LOTS IN CERTAIN AREAS WHEN APPROVED BY THE CITY COMMISSION; PROVIDING REGULATIONS AND RESTRICTIONS FOR SAID TEMPORARY PARKING LOTS; 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 amendments at a public hearing on January 26, 1998, and forwarded the changes with a recommendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further 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 Two, "Administrative Provisions", Article 2.4, "General Procedures", Section 2.4.6, "Procedures for Obtaining Permits and Approvals", Subsection 2.4.6(H), "Temporary Use Permit", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (H) Temporary Use Permit: A temporary use permit 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 6. Seasonal Farmer's Market -- City Commission 7. Temporary Parkinq Lots -- City Commission (3) Regulations and Restrictions: (d) Temporary ParkingLots: 1. A Temporary Parking Lot may be permitted within the following areas: ** the portion of the Central Business District (CBD) and Community Facilities (CF} District which is bounded by Swinton Avenue on the west, the Intracoastal Waterway on the east, N.E. 2nd Street on the north, and S.E. 2nd Street on the south; ** the portion of the CBD and CBD-RC District which is bounded by N.E. 2nd Avenue on the west, the FEC Railway on the east, N.E. 2nd Street on the south, and N.E. 4th Street on the north; ** the portion of the CBD located east of the Intracoastal Waterway; ** the non-residential zoning districts bounded by Swinton Avenue on the east, 1-95 on the west, N.W. 1st Street on the north, and S.W. 1st Street on the south. 2. Temporary parking lot spaces shall not be used to fulfill minimum off-street parking requirements for new development or redevelopment. Temporary lots may be used to supplement required parking. 3. Prior to issuance of the temporary use permit, the applicant shall submit a site plan which includes proposed grade elevations, landscaping and other information which addresses the regular maintenance of the parking surface and irrigation of the landscaped areas. - 2 - Ord. No. 13-98 4. The City Enqineer shall approve the qradinq plan for the parkinq lot. The site plan shall be reviewed and recommended for approval by the Parkinq Manaqement Advisory Board prior to submission to the City Commission for consideration. 5. Permits for temporary parkinq lots shall be issued for a one-year period. Permits may be renewed annually to a maximum of three (3) years upon review and positive recommendation by the Parkinq Manaqement Advisory Board. The temporary parkinq lot shall be monitored for compliance with the approved plan. Should the City Manaqer find that the operation of a lot is not in compliance or if the lot has an adverse effect on surroundinq properties, and the applicant is unable or unwillinq to rectify the problem the permit may be reviewed by the City Commission for possible revocation. 7. Within thirty (30) days of expiration of the permit, all rock or qravel surfaces shall either be removed or covered with top soil. The site shall then be sodded or landscaped as determined acceptable by the Planninq and Zoninq Department. 8. A Temporary Parkinq Lot shall be constructed to the followinq specifications: a. The parkinq lot surface shall be brouqht to grade with a dust-free surface of one of the followinq materials over soil which has been compacted to 95% maximum density per AASHTO T-180: - 3 - Ord. No. 13-98 ** four inches of crushed limerock or shellrock coated with a prime coat per FDOT "Standard Specifications for Road and Bridqe Construction", latest edition; ** four inches of pearock, qravel or river rock; or ** six inches of mulch. b. If the lot is not operated on a 100% valet basis, wheel stops shall be provided as a means to indicate individual spaces. The size of the parkinq spaces, maneuverinq areas and aisle widths shall be subject to the standards of Section 4.6.9(D/ (4/. In addition, the parkinq lot shall meet the requirements of the "Florida Accessibility Code for Buildinq Construction". c. If the lot is operated on a 100% valet basis, then wheel stops shall be provided at the edqe of the parkinq surface. d. The lot shall meet the requirements of Section 4.6.9(D) (3) for access to the street system. Driveway aprons between the edqe of pavement and the riqht-of-way line shall be constructed of asphalt or concrete. e. The parkinq lot perimeter shall be buffered with a minimum 3 feet wide landscape strip, screened with a minimum 2 feet hiqh hedqe or 4 feet hiqh opaque fence. Water for irriqation shall be available within fifty (50) feet of all landscaped areas. - 4 - Ord. No. 13-98 f. If the parkinq lot is to be utilized at niqht, the applicant shall contract with FPL to install supplementary liqhtinq on adjacent power poles where possible. The applicant may, as an option, provide alternative on-site liqhtinq for the parkinq lot. q. Trees of 4 inches or qreater diameter at 4-1/2 feet above the qround shall not be removed. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 5 - Ord. No. 13-98 TO: DAVID T. HARDEN, CITY MANAGER SUBJECT: MEETING OF FEBRUARY 17, 1998 LDR AMENDMENT ALLOWING TEMPORARY PARKING LOTS TO BE PERMITTED WITHIN CERTAIN SECTIONS OF THE CBD AND PORTIONS OF THE NON-RESIDENTIAL ZONING DISTRICTS BE'FWEEN SWlNTON AVENUE AND 1-95. I BACKGROUND Last year, the Parking Management Team recommended that the Land Development Regulations be amended to allow the use of vacant lots for temporary parking in the Central Business District. There are currently no such provisions in the code. Current regulations require that all parking lots within the City must meet standard design specifications. This usually consists of an asphalt surface over a shellrock or limerock base, drainage, striping, lighting, etc. In many cases, downtown business owners wish to provide additional parking (not required by code) to help meet the growing demand, but the costs of meeting the design standards is beyond their means. In other cases, they are able to make arrangements with other property owners to use their land for parking, but the owners do not want to make significant improvements to the property because their long term plans may call for a different use. This amendment will allow additional parking to be provided more economically with a surface of crushed rock, gravel or mulch and minimal landscaping. These lots will provide supplemental parking. They may not be used to fulfill minimum off-street parking requirements. As the City and CRA phase in more public spaces and the private sector provides additional permanent spaces, the use of these temporary lots will be phased out. The proposed amendment furthers Comprehensive Plan Future Land Use Element Policy C-4.1, in that it encourages rehabilitation and revitalization in the downtown area by providing a means to accommodate additional parking needs. i REVIEW ay OTHERS ~ Parkin(~ Manaqement Team At its meeting of January 21, 1998, the Parking Management Team voted unanimously to recommend approval of the amendment, with the following comments: · Annual permit extensions should be reviewed by the Parking Management Advisory Board. The language should be made clearer on this point. · Pursuant to comments made by the City Engineer, the rock base should be increased from 2 inches to 4 inches in depth to support the proposed loads. · Verify requirements pertaining to Florida Accessibility Code. · Temporary lots should also be allowed in the CBD, east of the Intracoastal Waterway and between NE 2'd Avenue and the railroad in Pineapple Grove. · Instead of removing the rock base prior to landscaping after a parking lot is discontinued, just cover the rock with top soil and landscape over the stabilized surface City Commission Documentation · Amendment to LDR Section 2.4.6(H), Temporary Use Permit Page 2 These changes were incorporated into the amendment prior to consideration by the Planning & Zoning Board. Community Redevelopment Agency The CRA reviewed the proposed amendment at its January 22, 1998 meeting. Although the Board did not make a formal recommendation, they made the following comments: · The lots should also be permitted in the West Atlantic Avenue area; · The cost of constructing a temporary lot to the proposed standards might be too high and would limit the number of applicants who might consider it; and, · What enforcement actions would be taken against existing illegal parking on vacant lots? These comments were presented to the Planning & Zoning Board for discussion. Planninq & Zoninq Board The Planning and Zoning Board held a public hearing on the proposed amendment at its meeting of January 26, 1998. The Board unanimously recommended approval of the amendment subject to the following two modifications: · Temporary lots should also be permitted in the non-residential zoning districts in the West Atlantic Avenue corridor; and, · As an alternative to contracting with FPL, the applicants may provide their own site lighting in the parking lot. The suggested changes have been incorporated into the proposed ordinance. RECOMMENDED ACTION By motion, approve the proposed amendments to LDR Section 2.4.6(H), Temporary Use Permit, as attached, based on a finding that the amendment furthers the goals, objectives and policies of the Comprehensive Plan which relate to the revitalization of the downtown area. Attachment: · Proposed LDRAmendment