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06-02-98 Regular DELRAY BEACH CITY QF DELRAY BEACH, FLORIDA - ~ITY COMMISSION REGULAR MEETING ~ COMMISSION CHAMBERS ~I~P® 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 P~BLIC PARTICIpATI0~. 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 indiv£dual w~11 be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. 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. Ail 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 June 2, 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 May 19, 1998 6. Proclamations: A. Code Enforcement Officers Appreciation Week - June 15-19, 1998 B. Recognizing and commending To~ie L. Osborn for his achievements while representing the City of Delray Beach at the Firefighter Olympics and the Police and Firefighter Games C. Recognizing and commending Paul Smith, Police Department Volunteer, selected as a winner of the 1998 JC Penney Golden Rule Award for his outstanding contributions in the area of volunteerism 7. Presentations: A. Brahm Dubin - Conceptual Proposal for Chris Evert Pro/Celebrity Tennis Tournament 8. Consent Agenda: City Manager recommends approval. A. RESOLUTION. NO... 36-98: Approve a resolution vacating and abandoning N.W. 3rd Court lying between N.W. 5th Avenue and N.W. 6th Avenue, based upon positive findings and subject to acceptance of a replacement easement. B. ACCEPTANCE OF EASEMENT DEED AssoCIATED WITH RESOLUTION NO. 36-98: Accept an easement deed granting a replacement easement 10 feet in width for utilities purposes lying within the right-of-way for N.W. 3rd Court proposed for abandonment via Resolution No. 36-98. -2- Regular Commission Meeting June 2, 1998 C. FINAL PLAT APPROVAL/FOUNTAINS AT DELRAY BEACH: Approve the final boundary plat for Fountains at Delray Beach, a proposed mixed use (multi-family residential and commercial) subdivision. The subject property is located on the west side of Military Trail, approximately 1,400 feet north of Atlantic Avenue. D. FINAL PLAT APPROVAL/ATLANTIC CENTER: Approve the final boundary plat for Atlantic Center, a proposed industrial subdivision, being a replat of Tract "G" of Delray Park of Commerce. The subject property is located at the northeast corner of Lake Ida Road and Congress Avenue. E. DIGITAL BASE MAPS FOR BARRIER ISLAND/JOINT VENTURE WITH PALM BEACH COUNTY PROPERTY APPRAISER: Approve a joint venture with the Palm Beach County Property Appraiser and authorize the Mayor to sign an agreement with ADR, Inc. for digital photogrammetric base maps of the barrier island; with funding in the amount of $16,802.73 (City's share) from 448-5411-538- 63.90 (Stormwater/Other Improvements) and 441-5161-536-63.90 (Water & Sewer/Other Improvements). F. CLOSE-OUT CHANGE ORDER AND REQUEST FOR FINAL PAYMENT FROM EAGLE TANK/ELEVATED TANK REHABILITATION PROJECT: Approve Change Order #2 (Final) in the amount of $2,406.38 and final payment in the amount of $19,716.39 to Eagle Tank for completion of the .5 MG Elevated Tank Rehabilitation project, with funding from 442-5178-536-61.79 (Renewal & Replacement/Elevated Tank Rehabilitation). G. CHANGE ORDER TO ORIGINAL PURCHASE ORDER WITH AST INSPECTION SERVICES/ELEVATED TANK REHABILITATION PROJECT: Approve a change order in the amount of $9,244.00 to the original purchase order with AST Inspection Services for additional inspection services associated with the .5 MG Elevated Tank Rehabilitation project, with funding from 442-5178-536-61.79 (Renewal & Replacement/Elevated Tank Rehabilitation). H. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $14,000.00 for an eligible applicant under the Delray Beach Renaissance Program, with funding in the amount of $4,000.00 from 118-1924-554-83.01 (SHIP) and $10,000.00 from 118-1923-554-83.01 (HOME). I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 18th through May 29, 1998. J. AWARD OF BIDS AND cONTRACTS: 1. Bid award to CSR Rinker Materials for the purchase and delivery of Ready Mix Concrete at an estimated annual cost of $27,850; with funding from 001-3113-541-53.90 (Street Maintenance/Other Road Materials) and various Capital Project accounts. --3-- Regular Commission Meeting June 2, 1998 2. Contract award in the amount of $23,150 to S&F Construction, via Palm Beach County School District contract, for installation and construction of a pavilion at Miller Park; with funding from 334-4173-572-63.90 (General Construction Fund - Miller Park Improvements). 9. Regular Agenda: A. INTERLOCAL,A~REEMENT WITH PALM BEACH COUNTY FOR SIDEWALK ON LAKE IDA ROAD: Consider approval of an interlocal agreement with Palm Beach County for the construction of a sidewalk segment on the south side of Lake Ida Road from Coral Way to Davis Road, and funding of up to $8,225.50 from 334-3162-541- 63.11 (General Construction Fund - R&R Swales/Sidewalks). B. BID AWARD FOR SUMMER FOOD PROGRAM: Consider approval of a bid award in the amount of $42,365.70 to Tomasso Enterprises, Inc., second low bidder, for the Parks and Recreation summer food program, with funding from 115-4924-572-49.90 through reimbursement from the Florida Department of Education Summer Food Program. 10. Public Hearings: A. ORDINANCE NO. 20~98= An ordinance amending Chapter 96, "Fire Safety and Emergency Services", of the City Code by amending Section 96.16, "Certain Codes Adopted by Reference", adopting various editions of the National Fire Protection Association (NFPA) codes and deleting Section 19-3.5.6 of Chapter 19 of NFPA 101 and adopting a substitute therefore; by repealing Section 96.17, "Amendments"; by amending Section 96.46, "Aboveground Installations", to provide for conditions for aboveground tank installations. B. ORDINANCE NO. 21-98: An ordinance amending Chapter 52, "Water", Section 52.31, "Connection Charges", and Section 52.34 (B) , "Monthly Rates", and Chapter 53, "Sanitary Sewers", Subsection 53.130 (D) (2) , "Nonresidential Commercial Units", of the City Code to provide for inclusion of water and sewer charges for eight inch and ten inch water meter service. 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. 22-98: An ordinance annexing a 4.19 acre parcel of land located on the west side of Military Trail, approximately 700 feet south of AtlantiC Avenue (commonly known as the Carusillo and Evans North property); providing for a small scale Future Land Use Map amendment from County HR-8 4 Regular Commission Meeting June 2, 1998 (High Density Residential - 8 dwelling units/acre) to City Medium Density Residential (5-12 dwelling units/acre); and establishing initial zoning of RM-8 (Medium Density Residential - 8 units per acre). If passed, a quasi-Judicial public hearing will be scheduled for June 16, 1998. B. ORDINANCE NO. 23-98: An ordinance amending Section 5.3.1(D), "Right-of-Way Dimensions", of the Land Development Regulations to provide that requests for a reduction of right-of-way width required for streets shall be under the administrative authority of the City Engineer. If passed, a public hearing will be scheduled for June 16, 1998. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -. WHEREAS, Code Enforcement Officers provide for the _-. safety, health and welfare of the citizens in this community · . through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in improving neighborhoods; and WHEREAS, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Officers are dedicated, well-trained, and highly responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and WHEREAS, the Florida Association of Code Enforcement, Inc. (F.A.C.E.) has declared the third week of June be set aside by local government to honor and recognize their Code Enforcement Officers. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim June 15 through June 19, 1998 as CODE ENFORCEMENT OFFICERS APPRECIATION WEEK in the City of Delray Beach, Florida, in accordance with the state-wide observance of the same and encourage all citizens of the City of Delray Beach to join this Commission in expressing appreciation for the dedication and outstanding service provided by the individuals who serve as our Code Enforcement Officers. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 2nd day of June, 1998. MAYOR JAY ALPERIN SEAL W~ER~AS, Tommie L. Osborn was hired as a -. Firefighter by the City of Delray Beach in January, 1994; and '. W~R~AS, since his hiring, Tommie has participated in the Firefighter Olympics and the Police and Firefighter Games; and W~R~A~, Tommie is a runner and competes in events such as the 100 meter run, 200 meter, 440 meter and various relays for these distances; and WIt~R~AS, as a representative of the Delray Beach Fire Department, Tommie has won 3 trophies, 12 gold medals, 6 silver and 3 bronze, for an amazing total of 21 medals; and WHeReAS, this year at the Firefighter Olympics Tommie won an unprecedented six Gold Medals in track events. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend TOMMiE L. OSBORN for his exemplary representation of the City of Delray Beach and congratulate him on his superior achievements. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 2nd day of June, 1998. MAYOR JAY ALPERIN SEAL Barbara, May 21, 1998 The Chief has asked me to see if we can get a proclamation for Firefighter Tommie Osborn, recognizing his efforts representing us in the Firefighter Olympics. Tommie Osbom has been a Firefighter with us for 4 years. He has participated in the Firefighter Olympics and the Police and Firefighter Games since his hiring by the City. Tommie has been very successful in his competition in Track events. He is a runner participating in events such as the 100 meter run, ]200 meter,440 meter and various relays for these distances. Tommie has won 3 trophies during this time. He as also won the following: 12 Gold Medals 6 Silver Medals 3 Bronze Medals 21 Total Medals This year in the Firefighter Olympics Tommie won unheard of 6 Gold Medals for track events. He is truly an example for other to strive to equal. Tommie Osborn is another example of the excellent employees of the City of Delray Beach and onlther reason we are being considered again as an All America City. Doug Trawick ~~ '~S f,~:P~/'RFR/qT/'O,r')7~,~ WHEREAS, Paul Smith has played a significant part in the development and expansion of the Delray Beach Police Department's Volunteer Program for the past five years. His commitment and dedication to further our crime prevention and safety efforts are truly remarkable; and WHEREAS, Paul spearheaded the implementation of the Marine Patrol Unit through recruitment and training provided by the Florida Marine Patrol and Palm Beach County Sheriff's Marine Patrol. The Marine Patrol's responsibility is to patrol Delray's waterways for violations. He also assisted in the establishment of the Marine Division's programs and guidelines. WHEREA~, in recognition of his tireless dedication and unswerving commitment to serving his community through volunteerism, Mr. Smith has been selected as one of the winners of the 1998 JC Penney ~olden Rule Award for his outstanding contributions in the area of volunteerism; and WHEREAS, Paul Smith was presented with a beautiful crystal trophy, plaque, and a check in the amount of $1,000 for the City's volunteer program; and WHEREAS, Paul is now in contention for the national award, to be presented in June 1998, in which he and the Delray Beach Police Department are eligible for a $10,000 award. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend PAUL SMITH for his dedication and devotion to the success of the Delray Beach Police Volunteer Program. He is one of the many volunteers who are responsible for our City receiving local, state, national and even international acclaim. Mr. Smith exemplifies that an individual can make a difference and improve the quality of life in a community. Further, he is committed to leading the Delray Beach Police Department Volunteer Program's crime fighting efforts into the 21st century. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 2nd day of June, 1998. MAYOR JAY ALPERIN BEAL Advantage, Evert IN THE BATTLE AGAINST DRUG ABUSE AND ABUSED AND NEGLECTED CHILDREN, CHRIs '~VERT's SERVICE AND DEDICATION CONTINuEs TO BE A WINNING ADVANTAGE TO US ALL. CHRIS EVERT & ANDY MILL Tournament Hosts Chris Evert and Andy Mill, both known for their great contributions to the world of sport.s, are delighted once .again to host the Seventh Annual Chris Evert/Ellesse Pro-Celebrity Tennis Classic presented by Broward General Women's and Children's Center. This dynamic couple continue in their tireless efforts to raise much needed funds to fight drug abuse and child neglect in the State of Florida. After competing on the WTA TOUR for twenty years, Chris retired in 1989 with a total of 1,309 victories, 157 singles titles and a .900 winning percentage, the highest in WTA TOUR history. She captured 18 Grand Slam singles titles including a record seven French Opens, six US Opens, three Wimbledon titles, and two Australian Open titles, winning at least one per year for 13 years. She won a record 125 matches on clay between August of 1973 and May of 1979. In July of this last year, Chris was the sole inductee into the International Tennis Hall of Fame in Newport, Rhode Island. Best known for her focus and concentration on the court, Chris now directs that focus to Chris Evert Charities and also serves on the following boards: The Miami Project to Cure Paralysis, the National Committee to Prevent Child Abuse, and the Don Shula Foundation. For the past six years, Chris has maintained her role as the most celebrated television female broadcaster in tennis and currently is a color analyst for NBC-TV, as well as continuing her endorsement appearances with Ellesse, Rolex, Spice Island's Good Harvest brand food, Asics/Japan, SyberVision, and Wilson Sporting Goods. She also is an instruction editor for Tennis Magazine. Andy achieved fame on the U.S. Ski Team in a sport thoroughly dominated by Europeans. In 1976, he competed in the Winter Olympics finishing sixth in the downhill despite a debilitating foot injury that almost kept him out of the games. Not being able to take pain killers but also not willing to give up, Andy literally numbed his foot in the snow, lined his ski boot with corrugated cardboard for support and became the hero of the Olympics. His fortitude was rewarded when Maxwell House presented him with the prestigious Olympic Spirit Award during the 1988 Olympic Games. In 1994, Andy was inducted into the Colorado Ski Hall of Fame. Andy hosts fitness segments for "Good Morning America"' and is a contributing editor of "Men's Journal Magazine". He currently serves as the Director of Skiing for Aspen Mountain in his hometown of Aspen, Colorado. During the 1992 & 1994 Olympic Winter Games, Andy served as a Color Commentator for CBS. He is the host of the popular national ski show "Ski with Andy Mill" which is broadcast in over 75 ski areas across the United States. Chris, Andy, and sons, Alex (5), Nicholas (2), and four month old, Colton have homes in Boca Raton, Florida and Aspen, Colorado. INTRODUCTION Chris Evert, one of the greatest players in the history of tennis and the winner of 18 Grand Slam Championships and 157 tour singles rifles, is hosting her ninth Pro-Celebrity tennis tournament, The Chris Evert Pro-Celebrity Tennis Classic, October 24-25, 1998, in Boca Raton, FL. The 1998 festivities include a Friday afternoon Pro-Am with Chris Evert and an evening cocktail reception hosted by Chris Evert and Andy Mill at the Boca Raton Resort & Club followed by tennis sessions on Saturday and Sunday. The matches will showcase world renowned celebrities and tennis stars. Past participants include such celebrities and prestigious guests as President George Bush, Barbara Bush, Regis Philbin, Seal, Danny Sullivan, Alan Thicke, Cheryl Tiegs, Gabriela Sabatini, Billie Jean King, John Oates, Chevy Chase, Mary Pierce, Sugar Ray Leonard, Martina Navratilova, Virginia Wade, Don Shnla and Mike Wallace. The Great Hall/Boca Raton Resort & Club will once again host the glamorous Gala Black-Tie Dinner Dance which has featured performers such as Whitney Houston, Dionne Warwick, Michael BoRon, Bruce Hornsby, and most recently, Gladys Knight. The Boca Raton Resort & Club, is one of the world's premier resorts having won virtually every prestigious hospitality, dining and meeting honor, including the Mobil Five-Star, AAA Five- Diamond, Gold Key and Pinnacle awards. Page 2-continued The event will be nationally televised on ESPN in a one-hour highlights program. Since 1989, Chris Evert has raised over $6 million to help drug addicted babies and their mothers in the State of Florida. The programs that have benefited are: Families in Transition located in Miami, Safe Port in Key West, Project Full Circle located in Pinellas County, Healthy Start Drag Involved Families-Mid Pinellas in Pinellas County and the The Drug Abuse Foundation of Palm Beach County. Assisting Chris in her fundraising efforts is the Ounce of Prevention, a public-private partnership administered with the State of Florida to raise money for needy programs which otherwise would not be fully-funded by the State. Chris serves on the board for The Ounce, and is working hand-in-hand with Florida Governor Lawton Chiles on his proposed Healthy Start program to assist needy mothers and children throughout the State. Healthy Start encompasses many children's issues including drags, neglect and abuse. The Chris Evert Tennis Classic is in association with the Chris Evert Women and Children's Center at Broward General Medical Center. The Chris Evert Pro-Celebrity Tennis Classic, is under the direction of Mark McCormack's IMG, the world's oldest and largest sports marketing organization. IMG is the representative agent for athletes and personalities such as Chris Evert, Martina Navratilova, Pete Sampras, Martina Hingis, John McEnroe, Monica Seles, Jennifer Capriati, Joe Montana, Wayne Gretzky, Kristi Yamaguchi, Nick Faldo, Arnold Palmer, Tiger Woods, John Madden and Bob Costas. In event management, IMG directs the Acura Classic, the Advanta Championships, the State Farm Evert Cup, the Bank of the West Classic, the Discover Card Stars on Ice, and more. Additionally, IMG is recognized as the world's largest independent source of televised sports. IMG negotiates the sale of television rights for Wimbledon, the Olympic Games, the ATP, and many others. Founded by Chairman Mark H. McCormack, IMG is the world's oldest and largest sports marketing organization with 105 offices worldwide. SCHEDULE OF EVENTS FRIDAY, OCTOBER 23 12:00 PM-2:00 PM Boca Raton Resort & Club Pro -Am 6:00 PM - 7:30 PM Boca Raton Resort & Club Champions' Cocktail Reception for Boxholders, Sponsors, Celebrities, and Pros SATURDAY, OCTOBER 24 11:00 AM - 4:00 PM Pro-Celebrity Doubles Competition 6:30 PM Camin° Hall & Foyer/Boca Raton Resort & Club Cocktail Reception and Silent Auction 7:30 PM Great Hall/Boca Raton Resort & Club Gala Black-Tie Dinner Dance and Live Auction SUNDAY, OCTOBER 25 11:00 AM - 4:00 PM Pro-Celebrity Doubles Competition CHRIS EVERT/ELLESSE PRO-CELEBIIT¥ TE~iNIS CL.~,SSlC BROWA RD GENER AL WOMEN'S and CHILDREN'S CENTER A Welcome from CHRIS EVERT and ANDY MILL Dear Friends: Welcome to the Seventh Annual Chris Evert/Ellesse Pro-Celebrity Tennis Classic, presented by Broward General Women's and Children's Center, at The Boca Raton Resort & Club, October 26 - 27. Andy and I look forward to this weekend every year, when our friends join us in raising funds to better the lives of many of Florida's neediest children. To date, we have raised more than 4.4 million dollars to combat the effects of substance abuse and child neglect in the State of Florida. Once again, your contributions will be matched by the prime beneficiary of event proceeds -- the Ounce of Prevention Fund of Florida. As a member of the board of directors of this organization, I am pleased to report that this year we expect to add at least three new programs to those already funded in part through your kindness. ! would like to extend my warm thanks to the State of Florida for working in partnership with the Ounce of Prevention Fund in so many important areas. Ellesse, our title sponsor for the last four years, has been the star of the show. We also welcome back the Health Foundation of South Florida, the title sponsor of the Gala Black-Tie Dinner Dance and Broward General Women's and Children's Center, a new addition to our family of sponsors who will present the event. We applaud all of our sponsors, new and old, for their dedication and commitment to Chris Evert Charities, Inc. As always, we look forward to sharing another memorable weekend of tennis and the Gala Black-Tie Dinner Dance, together with our friends and you! Sincerely yours, Chris Evert 7200 W. Camino Real, Suite 310 -:- Boca Raton, ~'L 33433 °:° (407) 394-2400 o:o Fax (407) 394-2479  STATE OF FLOR IDA ffice M file ( at ernor THE CAPITOL TALLAHASSEE, FLORIDA 32399-0001 LA WTON CHILES GOVERNOR October 25, 1996 Greetings: It is a pleasure to welcome you to the 1996 Chris Evert/Ellessee Pro-Celebrity Tennis Classic. On behalf of the Ounce of Prevention Fund of Florida, thank you for your support of this seventh annual tournament and, most importantly, Florida's at-risk children and young mothers. We are fortunate to have Chris serve as an active Board member of the Ounce of Prevention Fund. Through her efforts, this year's tournament will help push total proceeds to over $4 million. Your contribution assists the Ounce of Prevention Fund in helping educate Florida's mothers about the dangers of using drugs during pregnancy and to give their children a chance for a healthy start in life. We appreciate everything Chris does to help improve the quality of life for all Floridians, and everything you have done to help make her tournament a success. Enjoy the tournament and have a great time. With kind regards, I am Sincerely, LAWTON CHILES HIGHLIGHTS FROM THE 1995 CHRIS EVERT/ · m,, % Andrea Grimes and Diana Cruz accept the Vitas Gerulaitis Scholarship Award for 1995 fro#t Chris' Evert. Photo credil: Pechter Photo Burt Reynolds Photo credit: G. Matheney L to R: Chris Evert, Robert Seguso, Carling Bassett Seguso, Pat Cash, Bud Collins, aod Wendy TurttbulL Photo credit: Pechter Photo I~ to R: Billy the Marlin, Fete Rose, Arantxa Sanchez I/icario, Mar. I, Pierce. Chevy Chase, arid l~ltt'ttie. Photo) credil: Ales¢ & Morl P¢chlcr ELLESSE PRO-CELEBRITY TENNIS CLASSIC L to R: Chevy Chase, Billy Jean King, Arantxa Sanchez Vicario, Bud Collins. Photo credit: G Matheney ~ental Arantxa Sanchez Vicario and Burnie Photo credit: Art Seitz ~lary Joe Fernandez and Seal Photo credit: Art Seitz Wendy Turnbull, Andy Mill, Chris Evert and Striptease producer, Mike Lobell Photo credit: Pechter Photo FROM:C "N E R SUBdECT: MEETING OF dUNE 2, '1998 **CONSENT AGENDA** ABANDONMENT OF AN UNIMPROVED RIGHT-OF-WAY The requested action of the City Commission is approval of the abandonment of N.W. 3rd Court, an unimproved right-of-way located within Block 17, Town of Delray. The subject right- of-way is located between N.W. 5th and N.W. 6th Avenues, north of N.W. 3rd Street. The unimproved 25' right-of-way (south half of 50' right-of-way) was dedicated with the replat of Block 17, Town of Delray Subdivision in August, 1947. The area proposed for abandonment is N.W. 3rd Court between N.W. 5th and NW. 6th Avenues (less 17' corresponding with the north/south alley in the middle of the block) adjacent Lots 6, 7, 20, and 21. The right-of-way is unimproved, however structures have been erected within the right-of-way area, including fences and a paved driveway accessing a single family residence on Lot 7. In addition, a single family residence on Lot 20 encroaches into the right-of-way. The property owners of Lot 21, on the north side (east of the north/south alley), have requested the abandonment in order to increase the size of their lot for the construction of a single family home. The attached P & Z staff report contains additional background and analysis of the request. The Planning and Zoning Board considered this request at its meeting of April 20, 1998, and unanimously recommended approval of the abandonment, with the condition that a replacement easement over the existing east/west utility pole line and north/south service be provided. A replacement utility easement and revised survey have been provided. El By motion, approve the abandonment of N.W. 3rd Court through the enactment of Resolution 36-98. Attachment: ~/~ * Planning and Zoning Staff Report ~ 5~/~./ RESOLUTION NO. 36-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING ANDABANDONING THAT PORTION OF THE RIGHT-OF-WAY FOR N.W. 3RD COURT LYING SOUTH OF AND ADJACENT TO LOT 6 AND LOT 21, RE-SUBDIVISION OF BLOCK 17, DELRAY BEACH, FLORIDA, RECORDED IN PLAT BOOK 21 AT PAGE 90 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; SUBJECT TO ACCEPTANCE OF AN EASEMENT DEED FOR PUBLIC UTILITIES. WHEREAS, an application for abandonment of that portion of N.W. 3rd Court right-of-way lying south of and adjacent to Lot 6 and that portion of N.W. 3rd Court right-of-way lying south of and adjacent to Lot 21, Re-subdivision of Block 17, Delray Beach, Florida, as more particularly described herein, was received by the City of Delray Beach; and WHEREAS, the application for abandonment of that portion of said right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O) (3) (d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed this matter at a public hearing on. April 20, 1998, and voted unanimously to recommend approval of the abandonment, based upon positive findings pursuant to LDR Section 2.4.6(O) (5), and subject to the condition that a replacement easement be provided for utility service; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(0)(5) and subject to the acceptance of an easement deed for public utilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, subject to acceptance of an easement deed for public utilities: That portion of N.W. 3rd Court right-of-way lying south of and adjacent to Lot 6 and that portion of N.W. 3rd Court right-of-way lying south of and adjacent to Lot 21, all being in Re-Subdivision of Block 17, Delray Beach, Florida, as recorded in Plat Book 21, Page 90, of the Public Records of Palm Beach County, Florida. Section 2. That this abandonment of right-of-way described in Section 1 above shall not become effective and this resolution shall not be recorded in the Public Records of Palm Beach County, Florida, until an easement deed for public utilities has been accepted by the City Commission of the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session on this the 2nd day of June, 1998. ATTEST: ~City Cl~rk ! - 2 - Res. No. 36-98 ' , ~ CHURCH S.D. SPADY ~ ~~ N.W. 3RD ST. I I ~ N ~ - ABANDONMENT- PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 20, 1998 AGENDA ITEM: IV.A. ITEM: Abandonment of N.W. 3rd Court (less the 17' corresponding with the north/south alley in the middle of the block), Lying Between N.W. 5th Avenue and N.W. 6th Avenue, South of Lake ida Road. GENERAL DATA: Owner/Applicant ................... Sandra & Senovain Stephens Location ............................... N.W. 3rd Court, lying between N.W. 5th Avenue and N.W. 6th Avenue, South of Lake Ida Road. Property Size ........................ 0.154 Acre Existing Future Land Use Map Designation .................. Low Density Current Zoning ..................... R-1-A (Single Family Residential) Adjacent Zonings ........ North: R-1-A East: R-1-A South: R-1-A West: R-1-A Existing Land Use ................ Unimproved right-of-way Proposed Land Use ............. Abandonment of the 25' unimproved right-of-way to incorporate the area as part of Lot 21, re-subdivision of Block 17, for the construction of a single family house. Water Service ....................... n/a Sewer Service ...................... n/a IV.A. The item before the Board is that of making a recommendation to the City Commission for the proposed abandonment of N.W. 3rd Court located within Block 17, Town of Delray. The subject right-of-way is located between N.VV. 5th and N.W. 6th Avenues, north of N.W. 3rd Street. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The 25' right-of-way (south half of 50' right-of-way) was dedicated with the recordation of the Resubdivision of Block 17, Town of Delray Subdivision in August, 1947. The right-of-way is generally unimproved, however structures have been erected within the abandonment area, including fences and a paved driveway accessing a single family residence on Lot 7. In addition, a single family residence on Lot 20 encroaches into the right-of-way. The area proposed for abandonment is N.VV. 3rd Court (less 17' corresponding with the north/south alley in the middle of the block) adjacent Lots 6, 7, 20, and 21. The property owner of Lot 21, on the north side (east of the alley), has requested the abandonment in order to increase the size of the lot for the construction of a single family home. The subject .right-of-way is 25' in width, approximately 6,750 sq. ff., and represents an equal dedication from lots to the north and south. Pursuant to LDR Section 2.4.6(O)(1), public property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels when abandoned. The right-of- way will be divided between the property owners immediately to the north and south with 12.5' going to each. The owner of Lot 21 has requested the abandonment in order to increase the size of the lot for the construction of a single family home. Lot 21 is located in the R-1-A zoning district and is 50' wide and 135' deep. Within the R-1-A zoning district the following development standards apply: Minimum Lot Size: 7,500 sq. ft. Lot Width: 60' interior lot/80' comer lot Planning and Zoning Board Staff Report N.W. 3rd Court Abandonment Page 2 Lot Depth: 100' Side Street Setback: 15' Side Interior Setback: 7.5' Lot 21 is nonconforming with respect to lot size (6,750 sq. ft.) and lot width (50'). Currently Lot 21 is considered a comer lot and must comply with the aPplicable setbacks, making it difficult to construct a single family home. With the abandonment of the fight-of-way, Lot 21 is no longer a corner lot, allowing a side interior setback of 7.5', and will meet the minimum lot size (8,437.5') and lot width (62.5'). That portion of the right-of-way between Lots 6 and 7 contains a paved driveway for the residence on Lot 7. After abandonment this driveway will encroach approximately 4' onto property owned by Lot 6 to the north. The status of this improvement would thereafter be a private matter for these two neighbors to resolve. It is noted that Lot 7 has a second driveway to serve this property. In addition, the survey notes existing fences which roughly correspond to the new property lines (after abandonment). If they encroach over new property lines, relocation may need to be resolved between the property owners. The abandonment will also provide relief for the single family home on Lot 20 currently encroaching onto the right-of-way. A 17' north/south alley containing a 2" water main intersects the subject right-of-way. The Environmental Services Department has no objection to the abandonment as long as the' portion of right-of-way intersecting the 17' alley is not included in the abandonment area. This request has excluded that portion of N.W. 3rd Court. The Fire Department has reviewed the request, and has no objection. An existing overhead utility line running east to west within the right-of-way contains BellSouth, Adelphia Cable, and Florida Power and Light. ^ replacement easement will be required as a condition of approval. The Florida Public Utilities Company has reviewed the request and has no objection as there are no gas lines within this right- of-way. Pursuant to LDR Section 2.4.6(O)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. Planning and Zoning Board Staff Report N.W. 3rd Court Abandonment Page 3 Currently, a 2" water main is located within the north/south alley, however, the portion of right-of-way intersecting this alley is not included in the abandonment area. A replacement easement will be required to cover existing Adelphia, BellSouth, and FPL services. A driveway accessing the single family home on Lot 7 is located within the subject right-of-way. This encroachment will need to be resolved by the private property owners. The residence on Lot 7 has another driveway directly in front of the building providing access onto N.W. 6th Avenue. There will not be a need for the use of the right-of-way for any public purpose other than that which is accommodated through dedication of a replacement utility easement. B) That the abandonment does not, nor Will not, prevent access to a lot of record. The subjec{ right-of-way,' located between N.W. 5th and N.W. 6th Avenues, is unimproved. At 25' in width, the right-of-way is substandard with respect to current street standards (typically 50'). All lots will continue to have frontage on and access to either N.W. 5th Avenue or N.W. 6th Avenue. As previously stated, a private driveway within the N.W. 3rd Court abandonment area will be impacted, however alternative access exists to the house. The abandonment of the subject right-of-way will not prevent access to any lots of record. C) That the abandonment will not result in detriment for the provision of access and/or of utility services to adjacent properties or the general area. An east/west utility line within the abandonment area will be accommodated in an easement. No detriment will result to access or provision of services. As the subject right-of-way is unimproved (without a roadway) and there are no plans for its improvement, its intended use is limited. A portion of the abandonment area will be combined with Lot 21 to the north to accommodate the construction of a single family home that meets the required development standards. It is noted that improvements (structures, fences, driveway) have been-built within the public right-of- way. The abandonment appears to "clean up" current encroachment of a structure as well as fences which are located along the middle of the abandonment area. The 4' driveway encroachment between Lots 6 and 7 will need to be resolved by the private parties. Planning and Zoning Board Staff Report N.W. 3rd Court Abandonment Page 4 1. Continue with direction. 2. Recommend approval of the abandonment based upon positive findings with respect to LDR Section 2.4.6(0)(5). 3. Recommend approval of the abandonment based upon positive findings with respect to LDR Section 2.4.6(0)(5), pursuant to conditons. 4. ReCommend denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). By motion, recommend approval of the abandonment of N.W. 3rd Court' (less 17' corresponding with the north/south alley in the middle of the block) within Block 17 based upon positive findings with respect to LDR Section 2.4.6(0)(5), with the condition that a replacement easement over the existing east/west utility pole line and north/south service be provided. Attachments: -. El Location Map and Survey filenarne:u:\grahamc~pzrep~nw3ctab.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY I~a~NAGER~ SUBJECT: AGENDA ITEM # ~D- REGULAR MEETING OF JUNE 2, 1998 ACCEPTANCE OF EASEMENT DEED ASSOCIATED WITH RESOLUTION NO. 36-98 DATE: MAY 29, 1998 This is before the City Commission to .accept an easement deed granting a 10 foot replacement easement for utilities within the N.W. 3rd Court right-of-way proposed for abandonment via Resolution No. 36-98 (Item 8.A. on the June 2, 1998, agenda). The request for abandonment was reviewed by the Planning and Zoning Board on April 20, 1998, and was recommended for approval subject to the condition that a replacement easement be provided for utilities within the right-of-way. The attached easement deed has been prepared by the City Attorney's office and will have to be recorded in the public records prior to the abandonment becoming effective. Recommend acceptance of the easement deed granting a replacement easement for utilities within the N.W. 3rd Court right-of-way to be abandoned via Resolution No. 36-98. ref:agmemol0 Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. I st Avenue Delray Beach, Florida 33444 EASEMENT DEED TI, IIS INDENTURE, made thisc_~day of ~ , 1998, by and between SENOVAIN P. STEPHENS, a single person, and SANDRA I4 STEPHENS, a single person, joint tenant's with full rights of survivorship, with a mailing address of 622 S.W. 7th Avenue, Defray Beach, Florida 33444 party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of public utilities with full and flee right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: AN EASEMENT 10.0 FEET IN WIDTH FOR UTILITIES PURPOSES LYING WITHIN THE RIGHT OF WAY OF NORTHWEST THIRD (3) COURT, AS SHOWN ON THE PLAT OF RESUBDIVISION OF BLOCK 17, DELRAY BEACH, SAID PLAT BEING RECORDED IN PLAT BOOK 21 AT PAGE 90, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THE CENTERLINE OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 21, BLOCK 17, SAID PLAT OF RESUBDIVISION OF BLOCK 17, SAID PLAT OF RESUBDIVISION OF BLOCK 17; THENCE N.90°00'0"W., ALONG SAID SOUTH LINE, A DISTANCE OF 7.80 FEET TO THE POINT OF BEGINNING; THENCE S.0°51'00"E., ALONG A LINE PARALLEL WITH AND 7.80 FEET WEST OF THE SOUTHERLY PROJECTION OF TI-IE EAST LINE OF SAID LOT 21, BLOCK 17 AND ALONG THE CENTERLINE OF THE I0.0 FOOT WIDE EASEMENT, A DISTANCE OF 10.50 FEET TO POINT "A'; THENCE CONTINUE S.0°51'00"E., ALONG THE SAME COURSE AND ALONG THE CEN'I~RLINE OF THE 10.0 FOOT WIDE EASEMENT, A DISTANCE OF 14.50 FEET TO AN INTERSECTION WITH THE NORTH LINE OF LOT 20 OF SAID BLOCK 17 AND THE TERMINUS OF THIS PART OF THE EASEMENT; THENCE RETURN TO SAID POINT "A"; THENCE S.88°48'29"W., ALONG THE CENTERL1NE OF THE SAID 10.0 FOOT WIDE EASEMENT, A DISTANCE OF 166.2 FEET TO THE TERMINUS OF SAID EASEMENT. THE SIDE LINES OF SAID 10.0 FOOT EASEMENT TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS. Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of ail persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. SESOWaN P. COUNTY OF PALM BEACH r~e foregoing ~ume.t was ac~owl~g~ before me t~, ~_ day ot ~a'7' , 1998 by SENOVAIN P. STEPHENS, SR.,c~Th-~ is ~'~onall~to,,m~.r wl~o has r'Print Name:~'ZiT~e d~,'/,)zJ, m By: COUNTY OF PALM BEACH The foregoing instrument was ac~o~wledged before me this ~ day of ~ , 1998 by S~D~ L. STEPHENS ~o is per.~o~~ who~ pr~.ced SCALE: 1' = 20' LOT 7 LOT 6 BLOCK 17 BLOCK 17 SKETCH OF DESCRIPTION __~ 17' ALLEY 17' ALLEY RIGHT OF WA Y RIGHT OF WA Y ~ NO rES: THIS IS NOT A SURVEY ~ - CENTERLINE THE SOUTH L~VE OF LOT 21, BLOCK 17 IS ASSUMED TO BEAR N.9OeOO'OO"W. DESCRIPTION: AN EASEMENT 10.0 FEET IN WIDTH FOR UTILITIES PURPOSES LYING WITHIN THE RIGHT OF WA Y OF NORTHWEST THIRD ($) COURT, AS SHOWN ON THE PLAT OF RESUBDIVlSION OF BLOCK 17, DELRAY BEACH, SAID PLAT BEING RECORDED IN PLAT BOOK 21 A T PACE 90, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THE CENTERLINE OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 21, BLOCK 17, SAID PLAT OF RESI~DIVISION OF BLOCK 17, SAID PLAT OF RESUBDIVISION OF BLOCK 17; THENCE N.90'OO'OO'W., ALONG SAID SOUTH LINE, A DISTANCE OF 7.80 FEET TO THE POINT OF BEGINNING; THENCE S.O°51'OO'E., ALONG A LIVE PARALLEL WITH AND 7.80 FEET WEST OF THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 21, BLOCK 17 AND ALONG THE CENTERLINE OF THE 10.0 FOOT WIDE EASEMENT, A DISTANCE OF 10.50 FEET TO POINT 'A '; THENCE CONTINUE S.O°51'O0'E., ALONG THE SAME COURSE AND ALONG THE CENTERLINE OF THE I0.0 FOOT WIDE EASEMENT, A DISTANCE OF 14.50 FEET TO AN INTERSECTION WITH THE NORTH LINE OF LOT 20 OF SAID BLOCK 17 AND THE TERMINUS OF THIS PART OF THE EASEMENT; THENCE RETURN TO SAID PO~VT 'A'; THENCE S.88°48'29'W., ALONG THE CENTERLINE OF THE SAID 10.0 FOOT WIDE EASEMENT, A DISTANCE OF 166.2 FEET TO THE TERMINUS OF THE SAID EASEMENT. THE SIDE LINES OF SAID I0.0 FOOT EASEMENT TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS. EXHIBIT A SHEET I OF I 14.50' ~ S'O°51'OO'E' ~, ~?~EYOA"AA~D MAPPER S.S. ~ -'~ LOT 21, ~= BLOCK 21 ~ OATS: ~44Y 4, ~a ! 0~, ~ · 0~, ~ , ~ ~ CER~ATE ~ AU~A~ S~Y~ A~ ~ ~ ~~ N. W. 5 TH AVE. 2~0~ ~TH ~AL ~A Y ~AY ~A~ FL~A 33483 ORDER NO. 97-240EA (561) 27~-450I (561) 732-~79 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~,~ I SUBJECT: AGENDA ITEM # · REGULAR MEETING OF JUNE 2, 1998 FINAL PLAT APPROVAL/FOUNTAINS AT DELRAY BEACH DATE: MAY 28, 1998 This is before the Commission to approve the final boundary plat for Fountains at Delray Beach, a proposed mixed use (multi-family residential and commercial) subdivision on 14.47 acres. The subject property is located on the west side of Military Trail, approximately 1,400 feet north of Atlantic Avenue. It is zoned RM (Medium Density Residential) for 12.47 acres and NC (Neighborhood Commercial) for 2.0 acres. On June 11, 1997, the Site Plan Review and Appearance Board approved the plans for a proposed 140 unit multi-family apartment development on the RM-zoned portion of the site. The boundary plat consists of a tract for the multi-family component, a two acre commercial tract, a private roadway, water management tract, and easements for drainage, utilities, access and maintenance. A site plan application will be required for the commercial tract prior to development. On January 26, 1998, the Planning and Zoning Board approved the preliminary plat and certified the final plat for Fountains at Delray Beach, subject to conditions. All technical and staff comments have now been addressed. Recommend approval of the final boundary plat for Fountains at Delray Beach. ref:agmemol3 Agenda Item No. AGENDA REOUEST Date: May 22, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: June 2, 1998 Description of item (who, what, where, how much) :Approval of boundary plat for the Fountains at Delray Beach. Staff comments have been ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the boundary plat for the Fountains at Delray Beach. ,~~, ~)~ '~~ Department head signature: _ Z/~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved CC: tac-fountains file:s/eng/tac/fountain/ag6298.doc MEMORANDUM TO: David T. Harden City Manager FROM: Barron Caronite .~7~~ Assistant City Engine~ k,d'x SUBJECT: FOUNTAINS AT DELRAY BEACH BOUNDARY PLAT DATE: May22, 1998 Attached is an agenda request for Commission approval of the boundary plat for the Fountains at Delray Beach. The subject property is being platted as a condition of site plan approval. The site plan was approved by the Planning and Zoning Board on January 26, 1998. Also attached is a location map and reduced copy of the plat. If acceptable, please place this item on the June 2, 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 Jeff Costello, Senior Planner John Walker, Project Planner Barbara Garito, Deputy City Clerk file: s/eng/tac/fountains/agmemo, doc CONKLIN DRIVE ' ~TA LAKE ,, P ~ ~.W. 2~ BRADY ~ FRANCe CANAL ~ S -' ~ ~ - WEST AT L A N T I C A V E N U E '~) CITY of DELRAY BEACH Ta~ FOUNTMNS AT DE~Y EN~RON~ENTAL SERVICES DEP~TMENT LOCATION ~P PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: January 26, 1998 AGENDA ITEM: III.A. ITEM: Combined preliminary/final plat for the Fountains of Delray Beach (f.k.a. Bayberry Landing), located on the west side of Military Trail, approximately 1,400 feet north of Atlantic Avenue GENERAL DATA: Owner ............................. The Fountains of Delray Beach, LTD and Regina W. Spence, Trustee Applicant ......................... Fountain View, LTD Agent .............................. Shah, Drotos & Associates Location .......................... West side of Military Trail, approximately 1,400 feet north of Atlantic Avenue. Property Size ..................14.47 Acres Future Land Use Map Designation ..................... Medium Density Residential Current Zoning ................ RM (Medium Density Residential) and NC (Neighborhood Commercial) Adjacent Zoning ..... North: County RS/SE/PUD (Single Family Residential with special exception to allow a PUD) East: GC (General Commercial) South: ounty CG/SE/PUD (General Commercial with a special exception) and NC (Neighborhood Commercial) West: County RS/SE/PUD Existing Land Use ...........acant Land Proposed Land Use ........ Construction of a 149 unit multiple family rental development with associated parking and landscaping, t -- and future commercial development. ATLAN'DC ~ AV~NU£ Water Service ................. Available via connection to an ..~,,,~R ~~ ~s~]~ ........... IIII [ !1 existing 8" water main along the north side of Marketplace of Delray. ~-~ Sewer Service ........ Available via connection to a proposed lift station with a connection to a 4" main within the Marketplace of Delray. The item before the Board is that of approval of a combined preliminary/final plat for Fountains at Delray Beach, a 14.47 acre mixed use (multi-family residential and commercial) subdivision. The subject property is located on the west side of Military Trail approximately 1,400 feet north of Atlantic Avenue. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. The subject property consists of a portion of the southeast quarter of Section 14, Township 46 south, Range 42 east. The property is vacant, and is zoned RM (Medium Density Residential) for 12.47 acres and NC (Neighborhood Commercial) for 2.00 acres. In April, 1997, a full site plan application for Bayberry Landing was submitted. The plans depict a 140 unit multi-family apartment development. The site plan was approved by the Site Plan Review and Appearance Board (SPRAB) on June 11, 1997, subject to technical conditions. The name of the development was subsequently changed to Fountains at Delray Beach. The two acre commercial tract is also included in the plat application. A site plan application will be required for this tract prior to development. The proposed plat consists of: · A tract for multi-family residential units; · A commercial tract; · A tract for private roadway (Fountains Way); · A water management (lake) tract; and, · Easements for drainage, utilities, access, and maintenance. Pursuant to Section 3.1.1 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 in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to the Future Land Use Map, consistency and concurrency. Positive findings with respect to the above, and to Section 3.3.3 of the Land Development Regulations, were made with the approval of the Bayberry Landings site plan by SPRAB on June 11, 1997. Those findings are still valid. A copy of the site plan staff report is available in the Planning and Zoning Department. A revised plat was submitted on December 19, 1997, addressing most of the staff comments. The following outstanding comments must be addressed prior to scheduling the plat for City Commission and prior to obtaining the first building permit: 1. Label all watermain easements which contain fire hydrants and water mains. 2. Include the access easement in the dedications, referencing ownership and maintenance responsibility. 3. Submit applicable permits from Lake Worth Drainage District, HRS, and Palm Beach County. 4. Submit easements, from the Marketplace (shopping center immediately adjacent to the south), for water and sewer connections. 5. Label the lift station access easement on the plat drawing. 6. Extend the LWDD canal maintenance easement across Tract "C". 7. The future driveway into Tract "C" from Military Trail, dimensioned on the paving and drainage plans as 40', is to be reduced to 24'. 8. Construct the driveway cut from the entrance road to the access easement to Tract "C", and so note on the paving and drainage plans. 9. Add language to the dedication for Tract "B" that assures access rights to Tract "C". 10. Resolve the conflict of encroachment by garage structures into 12' watermain easements. The development proposal is not located in an area which requires review by the Community Redevelopment Agency (CRA) or the Downtown Development Authority (DDA). Courtesy Notice: A courtesy notice has been sent to the following neighborhood/condominium associations: PROD · United Property Owners High Point Section 7 · High Point of Delray West Sections I, II, and III · Highland Trailer Park · Sunset Pines Condominium · Sherwood Forest · Rainberry Woods · RainberryWoods South · Country Manor · Presidents Council Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The proposed subdivision complies with the Comprehensive Plan and Land Development Regulations. Development of the site as proposed is compatible with the surrounding area, and will create no negative impacts. The outstanding technical items can be satisfied without significantly altering the project design, and must be addressed prior to scheduling for City Commission action. A. Continue with direction and concurrence. B. Approve the preliminary plat and certify the final plat as consistent with the preliminary plat for Fountains at Delray Beach subject to conditions. C. Deny the preliminary and final plat with basis stated. · I STAFF RECOMMENDATION By motion: Approve the preliminary plat and certify the final plat as consistent with the preliminary plat for Fountains at Delray Beach, subject to the following conditions: 1. Label all watermain easements which contain fire hydrants and water mains. 2. Include the access easement in the dedications, referencing ownership and maintenance responsibility. 3. Submit applicable permits from Lake Worth Drainage District, HRS, and Palm Beach County. 4. Submit easements, from the Marketplace, for water and sewer connections. 5. Label the lift station access easement on the plat drawing. 6. Extend the LWDD canal maintenance easement across Tract "C". 7. The future driveway into Tract "C" from Military Trail, dimensioned on the paving and drainage plans as 40', is to be reduced to 24'. 8. Construct the driveway cut from the entrance road to the access easement to Tract "C", and so note on the paving and drainage plans. 9. Add language to the dedication for Tract "B" that assures access rights to Tract "C". 10. Resolve the conflict of encroachment by garage structures into 12' watermain easements. Attachments: · Plat · Location map WA TKINS MOTOR LINES SOU THERN N.W. 5RD CT '~ DR~v~TIRE KINGDOM 1~ H i GH P 0 c°""~'"I .... ,,o s,. ST EXTRA CLOSET C STORAGE -- POS T r'~ OFFICE FARMERS MARKET I END PLAZA wEST ,.', K.F.C. OELRA Y I [---' K-MART SQUARE I PLAZA MA RKE 77~L A CE ~"~~ DELRA Y OF EXECUTIVE INDOOR DELRA Y SOUARE FLEA MARKET PUBLIX , WEST A TL A N~ LC ....... : A '1 CHAR~R SUN ........ ~ ~ i ~ DELRA Y ~ ' f t I SUPERSTORE I I PLAZA THE FOUNTAINS OF DELRAY BEACH PLANNING DEPAR~ENT CI~ OF DELRAY ~EACM, FL -- DI~,'T~Z ~E 1~,~ ~YST~M -- MAP ~EF: L~ ~ 55 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'1 SUBJECT: AGENDA ITEM #~.~ - REGULAR MEETING OF JUNE 2, 1998 FINAL PLAT APPROVAL/ATLANTIC CENTER DATE: MAY 28, 1998 This is before the Commission to approve the final boundary plat for Atlantic Center, a proposed service industry development within the Delray Park of Commerce which is located at the northeast corner of Lake Ida Road and Congress Avenue. It is a replat of Tract "G" of Delray Park of Commerce as recorded in Plat Book 54, Pages 188, 189 and 190, of the Public Records. The plat has been processed pursuant to the conditions of site plan approval granted by the Site Plan Review and Appearance Board on April 29, 199~, for Atlantic Refrigeration. All technical and staff comments have been addressed, and the City Engineer recommends that the final plat be approved. Recommend approval of the final boundary plat for Atlantic Center within the Delray Park of Commerce. ref:agmemol4 Agenda Item No. ~'~- AGENDA REOUEST Date: May 26, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: June 2, 1998 Description of item (who, what, where, how much) :Approval of boundary plat for Atlantic Center. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the boundary plat for Atlantic Center. ~,~ Department head signature: · Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac-fouIltains file:s/eng/tac/fountain/ag6298.doc MEMORANDUM TO: David T. Harden City Manager FROM: Barron Caronite Assistant City Engineer SUBJECT: ATLANTIC CENTER BOUNDARY PLAT DATE: May26,1998 Attached is an agenda request for Commission approval of the boundary plat for Atlantic Center. The subject property is being platted as a condition of site plan approval. The site plan was approved by the Planning and Zoning Board on April 29, 1998. Also attached is a location map and reduced copy of the plat. If acceptable, please place this item on the June 2, 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 Janet Meeks, Senior Planner John Walker, Project Planner Barbara Garito, Deputy City Clerk file:s/eng/tac/atlanctr/agmemo.doc CITY of DELRAY BEACH ATLANIIC C~.NT~R EN~RONMENTAL SERVICES DEP~TMENT ~ BOUNDARY P~T SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 29, 1998 AGENDA ITEM: V.A. ITEM: Class V Site Plan, Landscape Plan and Building Elevations Associated with the Construction of an Industrial Building for Atlantic Refrigeration, Located within Delray Park of Commerce, Northeast Corner of Lake Ida Road and Congress Avenue. GENERAL DATA: Owner ..................................... The Deborah pakradooni Miller Revocable Trust Agent ...................................... J. Michael Pakradooni Applicant ................................. Francisco Perez-Azua Location .................................. Delray Park of Commerce, Northeast Corner of Lake Ida Road and Congress Avenue Property Size .......................... 1.29 Acres , Future Land Use Map ............. Commerce Current Zoning..., .................... PCC (Planned Commerce Center) Adjacent Zoning ............ North: PCC East: PCC & OSR (Open Space & Recreation) South: PCC West: PCC Existing Land Use ................... Vacant Land Proposed Land Use ................ Construction of a 15,000 sq. ft., 4-bay service industry building with associated parking and landscaping. Water Service ......................... Available via a connection to an existing 8" water main in N.W. 17th Avenue. Sewer Service ......................... Available via a connection to an existing 8" sewer main in N.W. 17th Avenue. V.A. The action before the Board is approval of a Class V site plan request in accordance with LDR Section 2.4.5(F). The request involves Tract B2, Delray Park of Commerce and incorporates the following elements as they pertain to Atlantic Center: [3 Site Plan; I~1 Architectural Elevations; and ~1 Landscape Plan. The subject property (Tract G2) is located on the east side of NW 17th Avenue (Park of Commerce Boulevard) approximately 1,900 feet north of Lake Ida Road. Delray Park of Commerce is located at the northeast corner of Lake Ida Road and Congress Avenue. The subject property consists of Tract G2, Delray Park of Commerce and contains 1.29 acres. Delray Park of Commerce has an extensive land use history. The following are the most recent site plan and land use actions to occur within the Park. In 1990, a Master Development Plan modification was approved for Tract R changing the use from Office Center and Retail to Light Industrial and Retail, along with subdivision of the Tract into 3 Lots. In order to mitigate the placement of the Light Industrial use adjacent to Lake Ida Road and Congress Avenue, an "office type" elevation was required for the facades which faced the right-of-ways. A plat was approved and recorded subdividing the parcel into 2 Lots instead of 3, and a site plan was approved for Lot 2 (Tract R2). Tract R2 was never developed and the site plan has expired. On September 7, 1994, a site plan was approved for Lot- 2 of Tract K for a Service Industry building known as the Sage Center. The building has been constructed just south of the existing Holsum Bakery building at the north end of the park. On January 23, 1995, the Planning and Zoning Board approved a change in use from Office Center to Light Industrial for Tracts B and C. It was noted in the staff report that within the PCC zone district, the maximum land area allowed for Light Industrial uses is 50%, and the change in use for Tracts B and C to Light Industrial brought that percentage to 49.6%. Site plans were submitted for Tracts B and C, however both applications were withdrawn prior to final action on the plans. On April 19, 1995, a site plan for Tract B was approved for the construction of a 37,327 square foot multiple tenant industrial building, however no construction commenced and the site plan has expired. SPRAB Staff Report Site Plan, Landscape, and Elevations for Atlantic Center - Tract G2, Delray Park of Commerce Page 2 On July 31, 1996, a site plan was approved for Tract F for the construction of a 46,320 square foot industrial building consisting of two bays, one of which is to be occupied by a cabinet business. That building is currently under construction. On March 18, 1996, Tract N2 changed its use from Retail to Service Industry to accommodate the House of Appliances. House of Appliances obtained site plan approval on August 28, 1996, however the site plan expired on March 28, 1998. ' On August 18, 1997, Tract G2 (subject property) changed its use from Light Industrial to Service Industry to accommodate Atlantic Refrigeration (an air conditioning service company) which currently occupies several bays of a building located on Tract J. A change in use on Tract R2 from Light Industrial to Office Center was approved at the Planning and Zoning meeting of April 18, 1998 to accommodate a new office building for Life Care Services Corporation. A site plan for Atlantic Center (AKA Atlantic Refrigeration) has been submitted and is the request before the Board. PROJECT DESCRIPTION: Atlantic Refrigeration is an air conditioning repair business with most of the repair work conducted off-site. The development proposal consist of the following: 121 Construction of a 14,996 square foot multiple tenant building with four bays; 121 Installation of 45 parking spaces having cross access to the adjacent tracts (Tract J and H) and a shared driveway with Tract G1 along the southern property line; 121 Installation of dumpster enclosure, compressor enclosure, and associated landscaping. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. SPRAB Staff Report Site Plan, Landscape, and Elevations for Atlantic Center - Tract G2, Delray Park of Commerce Page 3 Parking: Pursuant to Section 4.6.9(C)(5)(a), general industrial uses (manufacturing, assembly, attendant offices) shall provide parking at a rate of 3 spaces per 1,000 sq. ft. of floor area devoted to such uses and 1 space per 1,000 sq.ft, of floor area devoted to storage and warehouse. The floor plans indicate that most of the space will be devoted to offices and storage/warehouse use areas. The greater rate of 3 spaces per 1,000 square feet has been used to calculate parking for the entire building. Based on the above, 45 spaces would be required and 45 spaces have been provided. Compact Parking Spaces: Pursuant to LDR Section 4.6.9(F)(1) (Compact Car Parking), up to 30% of the required parking for any use may be designated for compact cars. Approval to provide compact parking spaces may be granted concurrent with site and development plan approval provided that documentation is provided which demonstrates that such spaces will be _ used. Spaces which are provided above the number required may also be designated as "compact car parking". Thirteen (13) spaces can be designated as compact parking spaces based on the above formula,, while 10 compact parking spaces are proposed. The compact parking spaces are to be located in the northeast corner of the property. The applicant has stated that the compact spaces will be utilized for employee parking. As the project technically exceeds the parking requirements (fewer parking spaces are required if the lesser rate of 1 space/1,000 sq. ft. for the storage and warehouse floor area is utilized), there should be sufficient number of regular spaces to accommodate the demands of this project. Based on the above, the provision of 10 compact parking spaces is appropriate. Site Lighting: Pursuant to LDR 4.6.8 (Lighting), site lighting must be provided on-site. Further, the · · Delray Park of Commerce Protective Covenants state that site lighting is to consist of pole mounted lighting. Site lighting locations have not been indicated on the plans, however, a detail of a pole mounted "shoe box" fixture was submitted. The lights are limited to a maximum height of 25', and the illumination standards cannot exceed that which is found in LDR Section 4.6.8. Provision of a photometric plan with light fixture locations indicated on the site and landscape plans has been attached as a condition of approval. SPRAB Staff Report Site Plan, Landscape, and Elevations for Atlantic Center - Tract G2, Delray Park of Commerce Page 4 Building Setbacks: Building setback requirements for the PCC zone district [LDR Section 4.4.18(D) (PCC Development Standards)] established in conjunction with the Master Development Plan, and the Delray Park of Commerce Protective Covenants, require a 50' front setback and a 25' side and rear yard setback. The development proposal exceeds these requirements. Building Height: The proposed structure will have a height of approximately 25', which meets the building height requirements for the PCC zone district (48') and the Delray Park of Commerce Restrictive Covenants (45'). Sidewalks: Pursuant to the Master Development Plan approval of 1985, sidewalks are only required on the west side of N.VV. 17th Avenue (Park of Commerce Boulevard) and both sides of Fountain's Way. Thus, as this development is located on the east side of N.VV. 17th Avenue, a sidewalk is not required along its frontage. Interior to the site the widths of the sidewalks are shown at 3'-8" and 3'-8". While these widths meet handicap requirements a minimum sidewalk width of 4' should be provided for this type of development and has been attached as a condition of approval. Compressor Enclosure: A compressor enclosure (20' x 22') is proposed at the southeast corner of the building. This enclosure was shown on the original plan as two over night parking spaces for the storage of trucks. There is a concern that this enclosure Will be utilized for storage of old refrigerators and parts which is not permitted by code. A similar enclosure was approved for this business on Tract J with a requirement that it not be utilized for storage, however the area has constantly been utilized as such. The enclosure should be decreased in size to just accommodate the compressor. This item is attached as a condition of approval. FPL Guy Wire Relocation: Along the west property line a 40' FPL Easement exists with an FPL line and pole with a guy wire. The guy wire anchor is located within one of the proposed parking spaces at the northeast corner of the site, therefore it will be relocated as part of this development proposal. SPRAB Staff Report Site Plan, Landscape, and Elevations for Atlantic Center - Tract G2, Delray Park of Commerce Page 5 Cross Access: Tract G was subdivided into two small parcels (Tract G1 and G2). In order to accommodate the developments, a shared driveway is proposed across the south property line, and a cross access easement will be dedicated by plat. As the driveway straddles the south property line, the required 5' perimeter landscape buffer cannot be accommodated. A waiver of this requirement is requested and discussed under the Landscape Analysis section of this report. Plat: In 1989, the undeveloped tracts within the park were individually sold, and Tract G was illegally subdivided. Therefore, a plat of the subject property is required and is concurrently being processed with the site plan. The site Contains some landscape material which is either to remain in place, be removed or relocated. The remaining and relocated plant material is rather small (due to lack of. an irrigation system and fertilization program) and has therefore not been counted towards meeting landscape requirements. Along NW 17th Avenue, four Pigeon Plum trees are to remain in place and one is to be relocated (to the north end of the site) as it conflicts with the new driveway cut. Along the west side of the property, the parking lot is buffered from the adjacent right-of-way with a Cocoplum hedge and Gumbo Limbo trees. At the northwest comer of the site,, six Sabal Palms are to be relocated west of the driveway. Pursuant to LDR Section 4.6.16(H)(3)(f), the provisions for perimeter landscape requirements relating to abutting properties shall not be applicable where a proposed parking area abuts an existing hedge. An existing Ficus hedge exists along the south property line of Tract J and can be utilized to meet this developments buffering requirements. Tract G2 must however provide the required trees 30' on center and Gumbo Limbo trees are proposed. Interior to the site, Within the landscape islands Gumbo Limbo trees are proposed with Liriope under plantings. Foundation plantings consist of triple-trunk Alexander Palms which are under planted with a Cocoplum hedge and Liriope. Silver Buttonwood trees are interspersed into the foundation plantings along the north and east sides of the building. Along the rear property line a free-formed planting area is proposed consisting of Ilex Opaca trees, Crinum Lilies and Indian Hawthorns. No buffer is proposed along the south property line as the proposed driveway straddles the property line. SPRAB Staff Report Site Plan, Landscape, and Elevations for Atlantic Center - Tract G2, Delray Park of Commerce Page 6 Pursuant to LDR Section 4.6.16(H)(3)(a), a 5' landscape strip is required between any vehicular use area and the abutting property. The applicant has requested a waiver to the required landscape strip along the south property line where the shared driveway is proposed. Prior to granting a waiver, the Board shall make a finding that the granting of the waiver: a) Shall not adversely affect the neighboring area; b) Shall not significantly diminish the provision of public facilities; c) Shall not create an unsafe situation; or, d) Does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other properly for another applicant or owner. The waiver for the landscape strip is requested along the south property line where the driveway straddles the property line for the purpose of shared access. The request involves a landscape requirement, and does not affect the provision of public facilities or create an unsafe situation. The waiver will not adversely affect the neighboring area as the required buffer (continuous hedge and trees 30' on center) is provided on the adjacent property to the south. The granting of the waiver will not result in the grant of a special privilege as a waiver would be granted under similar circumstances and was granted on Tract K, Delray Park of Commerce (between Holsum Bakery and Sage Center) for its shared access driveway. The landscape buffer on the adjacent property is to be maintained by the owner of Tract G2 and will require execution of a landscape maintenance agreement. Provision of a landscape agreement has been attached as a condition of approval. The building will be constructed of concrete block with a smooth stucco finish. An architectural split face block is proposed for a portion of the facade located at the corners of the building and the sections of the facade that contain the entrances (north elevation). Store front windows are proposed along the west elevation and will be over- hung with a standing seam metal roof awning. The east and south elevations are somewhat plain, however these elevations contain vertical and horizontal score lines to break-up the facade of the building. The building contains a fiat roof with a raised stucco band around the top of the building. The proposed colors of the building include cream walls, terra-cotta split face block, and aqua accents (i.e. bay doors and aluminum awning). The colors and style of the building are not consistent with the other buildings currently located in Delray Park of Commerce. The other existing buildings are mainly off-white SPRAB Staff Report Site Plan, Landscape, and Elevations for Atlantic Center - Tract G2, Delray Park of Commerce Page 7 and grey with blue accents and none of the buildings contain split faced block. The Board work shopped the elevations at its meeting of April 15, 1998 and noted concerns with the use of split faced block. The applicant will bring a sample of the block to the meeting and will obtain a letter from Delray Park of Commerce Association confirming their approval of the elevations. Pursuant to Section 3.1.1 {Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies were noted Section 3,1.1 (A) - Future Land Use Map: The subject property has a Future Land Use Map designation of Commerce and is zoned PCC (Planned Commerce Center). Pursuant to the Delray Park of Commerce Master Development Plan, the property is designated as "Service Industry". Contractor and Trade services (e.g. air conditioning) are allowed as a permitted use within the "Service Industry" component of the PCC zone district [ref. LDR Section 4.4.18(B)(2)]. The PCC zoning designation is consistent with the Commerce Future Land Use Map designation. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) - Concurrency: Tract G was originally approved as a Light Industrial Tract with 40,000 sq. f. of building area. In 1985, all infrastructure improvements were installed i.e. master water/sewer system and master drainage system to accommodate the park at built-out. The existing SFWMD and LWDD permits are to be modified with each development proposal within the park. Prior to recordation of the plat, the modified permit must be provided. With the change in use on Tract G2 from Light Industrial to Service Industry, it was noted that the level of service demands would be similar to or less than that of Light Industrial and that Tract G2 would be allocated 20,000 square feet of floor area (as the ' SPRAB Staff Report Site Plan, Landscape, and Elevations for Atlantic Center - Tract G2, Delray Park of Commerce Page 8 tract was subdivided). As Atlantic Center is proposing 14,996 square feet, a decrease in intensity and impact on services will be realized. Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix A, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3,1,1 (D) - Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Section 2.4.5 (F)(5) - Compatibility_ (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be · compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The surrounding zoning designations are: PCC to the north, south and west; and, OSR --. (Open Space and Recreation) to the east, across the Seaboard Coastline Railroad and " 1-95. The existing land uses are: Tract J to the north containing a Service Industry building; Tract M1 to the west containing an Office Center building; vacant land to the south; and Lake Ida Park to the east, across the Seaboard Coastline Railroad and 1-95. Delray Park of Commerce is a planned industrial park. The development of this site with a service industry building is compatible with the adjacent office and industrial properties. There will be no impacts to Lake Ida Park or any residential properties, which are located east of 1-95. The loading areas will face south and it is anticipated that the development to the south will locate their bays along the north side of the building to utilize the shared access drive. To ensure compatibility to the south an interim landscape buffer will be provided south of the proposed driveway (continuous hedge and trees 30' on center). The development proposal is not located in an area which requires review by the CRA (Community Redevelopment Agency) and the DDA (Downtown Development Authority). SPRAB Staff Report Site Plan, Landscape, and Elevations for Atlantic Center - Tract G2, Delray Park of Commerce Page 9 Special Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and citizen's groups: [] Chatelaine [] Rainberry Bay [] Delray Shores [] Rainberry Lake El Lake Ida [] Sudan [-3 Pines of Delray North [] Delray Property Owners [] Progressive Residents of Delray (PROD) Letters of support of objection, if any, will be presented at the SPRAB meeting. I ............ ,,,,- .................................................................................... I As stated previously in this staff report, on August 18, 1997, the Planning and Zoning Board approved a Master Development Plan modification for Delray Park of Commerce on Tract G2 changing its use designation from Light Industrial to Service Industry to accommodate this development (Atlantic Refrigeration). The development proposal to construct a 14,996 sq. ft. building, 45 parking spaces and associated landscaping is similar to other developments located within the park. The development proposal is consistent with the policies of the Comprehensive Plan and the required findings that were made with the master plan modification approval. Consistency with Chapter 3 and Section 2.4.5(F)(5) (Compatibility) of the Land Development Regulations will be achieved provided the conditions of approval are addressed. A. Continue with direction. B. Approve the site plan, landscape plan and architectural elevations for Atlantic Center based on positive findings with respect to Chapter 3 (Performance Standards), Section 3.3.3 (Standards for Site Plan Actions), and Section 2.4.5(F)(5) (Finding of Compatibility) of the Land Development Regulations and the policies of the Comprehensive Plan subject to conditions. C. Deny the site plan, landscape plan, and architectural elevations with basis stated. SPRAB Staff Report Site Plan, Landscape, and Elevations for Atlantic Center - Tract G2, Delray Park of Commerce Page 10 Ii II By Separate Motions: ...Waiver: Approve the waiver request from LDR Section 4.6.16(H)(3)(a) to eliminate the required landscape strip along the south property line based upon positive findings pursuant to LDR Section 2.4.7(B). Site Plan: Approve the site plan for Atlantic Center based on positive findings with respect to Chapter 3 (Performance Standards), Section 3.3.3 (Standards for Site Plan Actions), and Section 2.4.5(F)(5) (Finding of Compatibility) of the Land Development Regulations and policies of the Comprehensive Plan subject to the following conditions: 1. No outside storage is allowed on site. The compressor enclosure is to be reduced in size to ensure that this does not occur within the enclosure. 2. That a landscape maintenance agreement be submitted between Tracts G1 and G2 for the temporary landscape buffer. 3. That a photometric plan be provided and the light fixture locations be indicated on the site plan and landscape plan to ensure that no conflicts occur. 4. That the sidewalks be increased to 4' in width. 5. That the plat be recorded prior to issuance of building permits. Landscape Plan: Approve the landscape plan for Atlantic Center based on positive findings with respect to Section 4.6.16 of the Land Development Regulations. Elevations: Approve the elevations for Atlantic Center based on positive findings with respect to LDR Section 4.6.18. Attachments: · Appendix A, Site Plan, Architectural Elevations, Landscape Plan A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Appropriate separation of travelways is made for vehicles, bicycles, and pedestrians in a manner consistent with Objective D-1 of the Traffic Element. Not applicable Meets intent of standard X Does not meet intent C. Open Space enhancements described in Open Space and Recreation Objective B-l, are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. That any street widening associated with the development shall not be detrimental upon desired character and cohesiveness of affected residential areas. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. In order to provide for more balance demographic mix, the development of "large scale adult oriented communities" on the remaining vacant land is discouraged. Not applicable x Meets intent of standard Does not meet intent I L. / .j ® ® t ® I® L [- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY IVlg2XlAGER~ SUBJECT: AGENDA ITEM # - REGULAR MEETING OF JUNE 2, 1998 DIGITAL BASE MAPS FOR BARRIER ISLAND/JOINT VENTURE WITH PALM BEACH COUNTY PROPERTY APPRAISER DATE: MAY 29, 1998 This is before the Commission to approve a joint venture between the City and the Palm Beach County Property Appraiser to obtain digital base maps of the barrier island coastal area (approximately 600 acres). Authorization for the Mayor to executive an agreement with ADR, Inc. to provide the maps is also requested. The pilot area (barrier island) will have 20 features accurately captured through the digital mapping process. Of the 20 features, the Property Appraiser has requested ten basic features and the City will determine ten additional basic features. The total cost for the basic features is $25,289.46, to be split 50%/50% between the Property Appraiser and the City ($12,644.73 each). In addition, City staff is requesting the ability to obtain ten additional features at an additional $4,158.00 for a total cost to the City of $16,802.43. Funding in the amount of $8,402.00 will be from 448-5411-538-63.90 (Stormwater/Other Improvements) and $8,401.00 will be from 441-5161-536-63.90 (Water & Sewer/Other Improvements). Recommend approval of the joint effort with the Palm Beach County Property Appraiser, and authorize the Mayor to execute an agreement with ADR, Inc. for digital base maps of the barrier island. ref:agmemol6 Agenda Item No. AGENDA REQUEST Date: 27-May-98 Request to be placed on: X Regular Agenda ~ Special Agenda __ Workshop Agenda VVhen: 06-June-98 Description of item (who, what, where, how much): Commission ap.Droval/authofization for Mayor to execute agreement with ADR. Inc. Agreement will .~rovide the Cit.v with accurate d~ital data covering the barrier is/and onl_v. Twen~. geographic features will be ca.~tured digitall_v. The cost to the Cit.v to obtain this data is $16.802.73. The Count_v Pro.~ert.v Ap.~raiser will also commit $12. 644.73 toward this pro_iect. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recorn,r~, s a~)eToval. , //? · [ ' .,i ,// " Department head s,gnature: r, ~ - .~/C t Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation (if applicable): Budget Director Review (r,,equi[ed on all items involving expenditure of funds): Funding available~ Y__E~NO Funding alternative'~ .(if applicable)  Account No. & Description_S8.402 from 448-5411-538-63.90. Stormwater Utility - Other Improvements & $8.401 from 441-5161-530-63.~0 W~ter/$~w~r New Capital - Other Improvements (transfer reo. uired) Account Balance 448-5411-538-63.90 $21.980 441-5161-536-63.90 $1.206 (transfer $7.195 from 441-5101-536-04.11) City Manager Review: Approved for agenda: ~/NO/ti,~.~ ] Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s : t. . . Vette rs trfk%gis tagenda. O01 City Of Delray Beach · Department of Environmental Services MEMORANDUM TO: David Harden City Manager FROM: Randal L. Krejcarek, P.E. City Engineer DATE: 27-May-98 SUBJECT: Digital Photogrammetric Base Maps Pilot Area Joint Effort with Palm Beach Property Appraiser The attached agenda item is a request for commission approval/authorization for the Mayor to execute an agreement with ADR, Inc. The agreement will provide the City with accurate digital data covering the barrier island (approximately 600 acres). This pilot area will have 20 features accurately captured. Ten basic features, of the twenty features, are being requested by the Property Appraiser. The ten basic features include: hydrologic features (lakes, rivers, canals, etc.), sea walls, edge of pavements, railroad tracks, buildings, back edge of sidewalks, fences and walls, water and other towers, surface details at intersections, and State Plane Coordinates of section and quarter section corners. Ten additional features will be determined by the City. I plan to identify features that can be utilized as a test to determine the accuracy of our current water, sewer and drainage atlas'. The cost is as follows: $25, 289.46 Cost to obtain ten basic features requested by Property Appraiser (12.644.73) Property Appraisers share of cost 12,644.73 City of Delay's cost to obtain ten basic features 4.158.00 Cost to City to obtain ten additional features $16,802.73 Total cost to the City Funding will be provided from the following sources: $ 8,402.00 448-5411-538-63.90 Stormwater Utility - Other Improvements 8.401,00 441-5161-536-63.90 Water/Sewer - Other Improvements $16,803.00 Total Thank you. enc. cc Richard Hasko, P.E., Director of Environmental Services s: ~... Iletters~rlklgis~agendaO l.mern ADFt Inc. · ~,I ~, .... 928§ Commerce Highway, Pennaauke~, NJ 08110 ......................................... Phone: BOO/~57-79BO Fax: 609/486-777~ COASTAL ~A Total production fee of the photogrammetric "initial operations" an digital data capture of the "Basic Ten" geographic features covering the project area totaling 600 (six hundred) acres as a cost saving project with the Palm Beach County Property Appraiser's Office: $25,289.46 a. The Property Appraiser's Share 50% $12,644.73 b. The City of Delray Beach's Share 50% $12,644.73 c. Additional fee of digital data capture of the 10 (ten) utility features as requested by the City and listed in our original detailed proposal $4,158.00 Total combined fee for the City of Delray Beach FL $16,802.73 The above total fee for the City of Delray Beach does not include field edit of the additional utility features. Vice President/Project Manager /db Pennsauken, NJ ' Pittsburgh and Philadelphia, PA · Colorado Springs. GO · West Palm Beach and St. Peterebur9, FL City of Delray Beach ~ 8. ~. Budget Transfer Form (1) Departmental Line Transfer (2) Date May 27, 1998 (3) Interfund/lnterdepartmental Transfer (4) Batch Number (5) RequestedBy: Randal L. Krejcarek, P.E., City Engineer ~'/~f~ ,~//~~ PROJECT # {6) ACCOUNT NUMBER {7) DESCRIPTION (8) T~NSFER OUT (9) TRANSFER IN 441-4161-536-64.11 Computer Equipment $ 7,195.00 441-5161-536-63.90 Other Improvements $ 7,195.00 (10)TOTAL $ 7,195.00 $ 7~195.00 JUSTIFICATION: Provide funding for Digital Photogra~etric Base Maps. W~ll bm nlacmd mn Junm 6. 1998 Co~iaaion maa~ina. for approval Department Head~ ~ Finance Director City Manager (I 1) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/~ SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF JUNE 2, 1998 CLOSE-OUT CHANGE ORDER AND REOUEST FOR FINAL PAYMENT FROM EAGLE TANK/ELEVATED TANK REHABILITATION PROJECT DATE: MAY 29, 1998 This is before the City Commission to approve Change Order #2 (Final) in the amount of $2,406.38 with Eagle Tank for the elevated tank rehabilitation project. The scope of work included in the change order is additional labor, equipment and materials for remedial power tooling and seam sealing on the interior of the tank bowl. Eagle Tank is also requesting final payment in the amount of $19,716.38 for completion of the project. All of the final paperwork and documentation has been submitted and accepted by staff. Funding will be from Water and Sewer Renewal and Replacement - Elevated Tank Rehabilitation (Account #442-5178-536-61.79). Recommend approval of close-out Change Order #2 and final payment to Eagle Tank. ref:agmemol2 Agenda Item No. ~/ AGENDA REQUEST Date: May 28, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: June 2, 1998 Description of item (who, what, where, how much) :Staff requests Conunission approval to issue Change Order %1 to Eagle Tank Technology and Renovation Company for the .5MG Elevated Tank Rehabilitation Project (96-14). The scope of work included in the change order is an add for labor, equipment and materials for remedial power tooling and seam sealing on interior of tank bowl. The amount of Change Order #2, Final is an add of $2,406.38. A request is also made to make final payment to Eagle Tank in the amount of $19,716.38. A Contractors Performance Report is attached for your review. Funds are available from Acct No. 442-5178-536-61.79 (Rehab .5 MG Elevated Tank) ORDINANCE/RESOLUTION REQUIRE~ DRAFT/~ ATTACHED~ Recommendation: Staff recommends apprOVal of Change Order #2, Final and final payment to Eagle Tank Tec~/gy an/~Ren~yv~ation /~ompany.. Department head signature: ~~~.~7~ ~~/ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure Funding available: ONO Funding alternatives ' le ) Account No. & Des~cr'.lption ~R- ~/~--c~3~----~--~/, ~ '~¢/~ ~/976~/ Account Balance ~j~ ~/~ ~ ~ ~/~/~ City Manager Review: '~.' ~ - ApprovedHold Until for: agenda: ~/NO ~ Received: ~Zaced on A~enda: ~c~5on: ~pproved/D~sapproved ~e:s:en~/en~/pro0/9614/o~fic~al/a~105.doc. TO: David T. Harden City Manager FROM: Howard Wight l Dep Dir Constr~i~t~on SUBJECT: 0.5 MG ELEVATED TANK REHABILITATION (PN 96-14) Closeout Change Order and Final Payment Request DATE: MAY 28, 1998 We request Commission approval to issue Change Order #2, Final to Eagle Tank Technology and Renovation Corporation for a change to the above referenced Project in the amount of $2,406.37. The change is as follows: 1)Additional remedial power tool cleaning and seam sealing on the bottom of the interior of tank. This interior is not a part of the Contract. When the tank was drained to install the float indicator pulley these areas were noticed. The remainder of the interior coatings looked good. A request is also made to make final payment to Eagle Tank in the amount of $19,716.38. A Contractors Performance Report is attached for your review. Funding is available from Acct # 442-5178-536-61.79 (Rehab .5M Gallon Elevated Tank). cc: Richard Hasko, P.E., Director of Environmental Services file: 96-014 (E) file:s/eng/eng/proj/9614/official/agdmemo.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2, Final PROJECT NO. 96-014 DATE: PROJECT TITLE: 0.5 MG ELEVATED TANK REHABILITATION TO CONTRACTOR: Eagle Tank Technology and Renovation Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: 1) Remedial power tooling and seam sealing on imerior of tank bowl as directed by AST Inspection Service inspector. Price includes all labor, equipment and materials $ 2,406.38 SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 56,710.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 20,000.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 56,710.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 2,406.38 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 79,116.38 PER CENT INCREASE THIS CHANGE ORDER 5.5% TOTAL PER CENT INCREASE TO DATE 39.5% 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. Eagle Tank Technology and Renovation Corporation (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department DEPARTMENT FUNDING CERTIFIED BY Environmental Services Department 442-5178-536-61.79 (Rehab .SM Gallon Elevated Tank). DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~2~ SUBJECT: AGENDA ITEM # ~7 - REGULAR MEETING OF JUNE 2, 1998 CHANGE ORDER TO ORIGINAL PURCHASE ORDER WITH AST INSPECTION SERVICES/ELEVATED TANK REHABILITATION DATE: MAY 29, 1998 This is before the Commission to approve a change order in the amount of $9,244.00 to the original purchase order with AST Inspection Services. The original purchase order was issued to AST in June, 1996, for inspection services associated with the elevated tank rehabilitation project, and evaluation and development of technical specifications. On April 7, 1998, the City Commission approved a change order to the original purchase order in the amount of $6,815.00. This request was based on an estimated construction completion date of April 14, 1998. Eagle Tank did complete the rehabilitation project within the contract period, but painting of the tank was delayed due to high winds. Hence, it required a longer period of inspection time for AST to assure proper coating of the tank. Funding is available from Water and Sewer Renewal & Replacement - Elevated Tank Rehabilitation (Account #442-5178-536-61.79). Recommend approval of the change order to the original purchase order with AST Inspection Services. ref:agmemoll Agenda Item No. AGENDA REQUEST Date: May 28, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: June 2, 1998 Description of item (who, what, where, how much):Staff request Commission approval to increase the amount of inspection services for the .5MG Elevated Tank Rehabilitation Project (96-14) to AST Inspection Services. The increase was needed to provide full time inspection services for the remaining period of the tank rehabilitation from 4/12/98 thru 5/7/98 to assure proper coating of the tank. The increase will be a change order to existing Purchase Order No. 547395 in the amount of $9,244.00. Funds are available from Acct No. 442-5178-536-61.79 (Rehab .5 MG Elevated Tank) ORDINANCE/RESOLUTION REQUIRED:~ DRAFT ATTACHED~ Recommendation: Staff recommends~/~pproval ~of g~ange~Order to existing Purchase Order to AST Ins~/io~ Serv:~es. ~( in If / City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): O /~~a~ / Funding available: NO f Funding alternatives p~licable) Account No. & Description~m-~/~-~--~Z Account Balance ~,~ ~ City Manager Review: Approved for agenda: ~0 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file:s:eng/eng/proj/9614/official/agllOS.doc. TO: David T. Harden City Manager FROM: Howard Wight /~/] Dep Dir Constvajet~r/ SUBJECT: 0.5 MG ELEVATED TANK REHABILITATION (PN 96-14) Change Order to Purchase Order for additional inpection services DATE: MAY 28, 1998 We request Commission approval to issue a Change Order to the purchase order for AST Inspection Services on the above referenced Project in the amount of $9,244.00. The additional amount requested is for full time inspection services for the duration of the Contract period. This request covers the remaining construction period of the Eagle Tank Contract period from April 12, 1998 thru May 7, 1998. The total scope of services and amounts are itemized on the attached schedule. The previous request approved on the June 2 agenda was based an estimated completion date of construction of April 14, 1998. Painting of the tank was delayed due to high winds. Eagle Tank did complete the rehabilitation within the Contract period but it required a longer period of inspection time for AST. The inspection was required to assure proper coating application of the tank. Funding is available from Acct # 442-5178-536-61.79 (Rehab .SM Gallon Elevated Tank). cc: Richard Hasko, P.E., Director of Environmental Services file: 96-014 (E) file: s/eng/eng/proj/9614/official/agdmemo, doc AST INSPECTION SERVICES CONSULTING/INSPECTION SCHEDULE .5 MG ELEVATED TANK REHAB. (96-14) 1. Preliminary inspection and washout $1,250.00 2. Scope and technical specifications ('96) 1,000.00 3. Specification revisions ('97) 350.00 4. Preconstruction meeting (3/12/98) D.C. Mileage to / from Madison 760 mi. x .35 -- 266.00 D.C. Travel time rate 14 hrs. x 20.00 = 280.00 D.C. Consultant time rate 4 hrs. x 50.00 = 200.00 D.C. Subsistence 1 day x 75.00 = 75.00 5. Project start-up (3/13/98) / completion (5/7/98) D.C. Inspector 8 hrs. x 35.00 = 280.00 D.P. Mileage to / from Fort Myers 480 mi. x .35 = 168.00 D.P. Travel rate 8 hrs. x 20.00 = 160.00 D.P. Inspectors 4 hrs. x 35.00 = 140.00 Subsistence 2 days x 75.00 = 150.00 6. Preparation and coating revision (3/16) D.C. consultant rate 3 hrs. x 50.00 = 150.00 7. In-progress inspections (3/13 - 5/6) Subsistence 53 days x 75.00 = 3,975.00 Inspector 475 hrs x 35.00/hr = 16,625.00 8. Reimbursables 300.00 Tota Project Inspection Services $25,369.00 Less P.O. #547395 amount to date - 16,125.00 Change Order to P.O. required $ 9,244.00 D.C. = Dan Coleman D.P. = Dennis Pruitt s :engine/projects/96-014/constrct/inspec. doc Memorandum To: David Harden, City Manager Thru: Lula Butler, Community Improvement Director Lf~ Simon, InterimCommunity Development Coordinator~A, From: Michael Date: May 26, 1998 Subject: Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION: City Commission authorization and approval to issue subsidy to one eligible applicant under the Delray Beach Renaissance Program. BACKGROUND: The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, The TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year has been approved by all partners. Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Programs partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit, are forgiven at a rate of 20% per year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less $40,000 per unit, are forgiven at a rate of 10% per year for 10 years. RECOMMENDATION: Staff is recommending City Commission approval to fund subsidy for the eligible applicant of the following property: Lot 11, Block 79Town ofDelray / $14,000.00 Agenda Item Number: t~/7~, AGENDA REOIJEST Request to be placed on: Date: May 26. 1998 __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx Consent Agenda When: June 2. 1998 Description of item (who, what, where, how much): Authorization and approval to issue subsidy to an income eligible applicant under the Delray Beach Renaissance Program totaling $14.000.00. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of subsidy award. Funds are to be awarded from State Housing Initiatives Partnership Program (SHIP) and HOME Investment Partnership dollars. SHIP total $ 4,000.00 Account# 118-1924-554-83.01 HOMEtotal $10,000.00 Account# 118-1923-554-83.01 Department Head Signature: ~d~ ~~---~ City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Altematives: .(if applicable) Account No. & Description: Account Balance: City Manager Review: HoldApproved Until: for Agenda:(~/NO Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\commun-l\cd\cdbgrant\agenform.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 65.02 NAME Je~ Basfiste S~me & Marie Kettlie Seme PROPERTY ADDRESS XXX SE 1st Avenue, Delray Beach LEGAL DESCRPTION Lot 11. Block 79. Town of Delray Plat Bookl , Page 3 % OF AREA MEDIAN HOUSEHOLD INCOME 57 # IN HOUSEHOLD 6 COST OF CONSTRUCTION $84.050 COST OF LOT $10.500 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $_T(h2J. l)~_ First Bank of Florida RATE 6.625 % LTV 80.65 % SECOND MORTGAGE $ 10.000.00 City of Delray. HOME $ 4.000.00 Ci_ty of Delray. SHIP $ CRA of Delray $ Housing Authority THIRD MORTGAGE $ 6.000.00 Federal Home Loan Bank GRANT $. HTF "A" APPLICANT FUNDS Pre-paids $1.674.00 Escrowed $ 5{)0.00 Paid at closing $ 2.043.00 TOTAL TRANSACTION $100.467.00 s:\commun~renprg\subrest.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~'~I SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF JUNE 2, 1998 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MAY 28, 1998 Attached is the Report of Appealable Land Use Items for the period May 18th through May 29, 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 the appealable actions for the period stated. Receive and file the report as appropriate. ref:apagmemo TO: DA .V. ID~. HARDEN, ~ITY MANAGER THRU: PAUL DORLING, PRI~ICIPAL PLANNER FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF JUNE 2, 1998 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MAY '18, 1998 THRU MAY 29, 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 May 18, 1998 through May 29, 1998. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. 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 action. · Recommended approval (6 to 0, Young absent), of the abandonment of the alleyway lying within Block 2, Lake View Heights, located between N.W. 7th Street th st nd and N. W. 9 Street and between N.W. 1 and 2 Avenues. · Recommended approval (6 to 0), of the Future Land Use Map amendment from County HR-8 (High Density Residential 8-units per acre) to City MD (Medium Density 5-12 alu/acre) and associated annexation with initial zoning of RM-8 (Medium Density Residential-8 du/acre) for the Carusillo/Evans north parcel, City Commission Documentation Appealable Items Meeting of June 2, 1998 Page 2 located on the west side of Military Trail, approximately 700 feet south of West Atlantic Avenue. · Recommended approval (6 to 0), of an amendment to the Land Development Regulations Section 5.3.1(D), Right-of-Way Dimensions. Other Items: · The Board recommended approval (4 to 0, Carbone and Bird abstained) of a conditional use request to allow the establishment of a self-service storage facility with truck rental services (Storage America) on property located on the north side of S.W. 10th Street, between S.W. 14th Avenue and S.W. 15th Avenue. This item was approved by the City Commission on May 19, 1998. A. Approved (5 to 0, Shutt absent, Branning stepped down), a revision to the master sign program for Ocean City Lumber, located at the southeast corner of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street. B. Approved (4 to 2), a request for a color change for Tire Kingdom, located on the south side of Linton Boulevard, west of the FEC Railroad. C. Approved (5 to 0, Fowler left the meeting), the architectural elevation plan (awning addition) for Fountains Square, an existing commercial building located at the southwest corner of N.E. 5th Avenue (Southbound Federal Highway) and N.E. 1st Street. D. Approved (5 to 0, Fowler left meeting), the architectural elevation plan and color change for Home Depot (former Builders Square Building), located at the southeast corner of 1-95 and Linton Boulevard. E. Approved (5 to 0, Fowler left meeting), a request for a color change for Cafe Ciao Toto, located on the south side of East Atlantic Avenue, between S.E. 5th Avenue (Southbound Federal Highway) and S.E. 6th Avenue (Northbound Federal Highway). F. Denied (6 to 0), the Class V site plan, landscape plan and architectural (building) elevation plan associated with the construction of a 192ounit apartment complex known as the Villas at High Point, located west of Congress Avenue, approximately 1,100 feet north of West Atlantic Avenue. City Commission Documentation Appealable Items Meeting of June 2, 1998 Page 3 G. Approved (5 to 0), the Class V site plan, landscape plan, and architectural (building) elevation plan associated with a proposed 80,000 sq. ft. medical office complex known as Delray Ambulatory Center (Delray Town Center Phase II), located on the north side of Linton Boulevard, approximately 600 feet east of Military Trail. 1. Approved (4 to 0, Hurlburt, Keller and Farrington absent), a request for a Certificate of Appropriateness, site plan, landscape plan and architectural elevation (design elements) associated the construction of a parking lot and renovation of the House of God Church building, located at the southwest corner of N.W. 3rd Avenue and N.W. 1st Street. Concurrently, the Board approved a waiver to the required 5' landscape strip between the parking lot and the alleyway. 2. Approved with conditions (4 to 0), a request for a Certificate of Appropriateness for a contributing single family residence at 708 S.E. 3rd Street to allow an existing chain-link fence to remain. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR ,',,*. CITY COMMISSION MEETING OF JUNE 2, 1998 L-50 CANAL LAKE IDA ROAD N.W. 2ND S.W. 2ND LOWSON BOULEVARD "~ UNION BOULEVARD i ~' .... i I I i i L-58 CANAL C-15 CANAL CITY LIMITS ........... S.P.R.A.B.: H.P.B.: A. - OCEAN CiTY LUMBER 1. - HOUSE OF GOD CHURCH 8. - TIRE KINGDOM 2, - 708 S,E. 3RD STREET I MILE I C. - FOUNTAIN SQUARE D. - HOME DEPOT (FORMERLY BUILDERS SCALE SQUARE BUILDING) E. - CAFE CIAO TOTO h,I F. - VILLAS AT HIGH POINT I'~1 C, - DELRAY AMBULATORY CENTER ~ (DELRAY TOWN CENTER PHASE II) CiTY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- ~/c./r~z a4s£ ~ s~sr~ -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ROM:CITY (7 ?1 SUBaECT: A~,NDA ~TEM #~J- RE~U~R ME~,T~N~ O~ ~m~E 2, 1998 AWARD OF BIDS AND CONTRACTS DATE: MAY 29, 1998 This is before the City Commission to approve the award of the following bids and contracts: 1. Bid award to CSR Rinker Materials for the purchase and delivery of Ready Mix Concrete at an estimated annual cost of $27,850; with funding from 001-3113-541-53.90 (Street Maintenance/Other Road Materials) and various Capital Project accounts. 2. Contract award in the amount of $23,150 to S&F Construction, via Palm Beach County School District contract, for installation and construction of a pavilion at Miller Park; with funding from 334-4173-572-63.90 (General Construction Fund - Miller Park Improvements). Recommend approval of the bid and contract awards listed above. ref:agmemo8 Agenda Item No.: ~J/ AGENDA REQUEST Date: May 22, 1998 Request to be placed on: Consent XX 4~mz Agenda Special Agenda Workshop Agenda When: 3ute 02~ 1998 Description of agenda item (who, what, where, how much): Bid Award - Bid #98-26 - Ready Mix Concrete - Annual Contract. Award to CSR Rinker Materials at an estimated annual cost of $27,850. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to CaR Rinker Materials for the purchase and delivery of Ready Mix Concrete at an estimated annual cost of $27;850. Fund-~ng from account code #001-3113-541-53.90 and various Capital Project Accounts. Department Head Signature:~ \~ --~ Determination of Consistency with'Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~ NO ~  Funding alternatives: (if applicable) Account No. & Description: ~tfll~A~ ~ . .~~C~0~C% Account Balance: ~% ~,~l~C~ ?~ ~ ~ City Manager Review: ApprovedHold Until: for agenda: ~ NO ~ Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Superviso~ THROUGH: Joseph Sa~~ance Director DATE: May 22, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING JLrNE 02, 1998, BID AWARD READY MIX CONCRETE - ANNUAL CONTRACT Item Before Commission: The City Commission is requested to approve the award to CSR Rinker Materials for the purchase of ready mix concrete at an estimated annual cost of $27,850. Background: The Public Works Streets and Environmental Services Construction Division have a need for an annual contract for the purchase and delivery of ready mix concrete at various locations within the City throughout the year. One bid was received for this contract on May 08, 1998, all in accordance with City's purchasing procedures. (Bid #98-26 on file in the Purchasing Office.) The Deputy Director of Public Works recommends award to CSR Rinker Materials as stated in attached memo dated May 19, 1998. Recommendation: Staff recommends award to CSR Rinker Materials at an estimated annual cost of $27,850. Funding from account #001-3113-541-53.90 and various Capital Project Accounts. Attachments: Memo From Deputy Director Public Works CSR Rinker's Bid To: Jackie Rooney, Purchasing Supervisor From: Jim Schmitz, Interim Streets Superinten~/]~,, Hoyt Owens, Deputy Director Public Date: May 19, 1998 Subject: BII)#98-26 READY MIX CONCRETE - TERM CONTRACT We have reviewed the subject bid specifications. The only change fi:om the language last year is the line: "Delivery within 24 hours after receipt of order." We also provided the prospective bidder an exception response opportunity. Consequently, it is our recommendation to award the contract to Rinker Materials Corporation with the terms and conditions specified in the subject bid. If you have any questions, please call. attachments: c: Bob A. Barcinski w/attachments RECEIVED HAY ! 9 1998 MEMORANDUM TO: Hoyt Owens, Deputy Director Public Works RECEIVED FROM: Jackl~Purchasing Supervisor ~ MAY 1 ~ 1998 Ready Mix Concrete - Term Contract The above bid was advertised in the Palm Beach Post on April 17, 1998. "Invitations To Bid" were mailed to twenty (20) vendors, and was picked up by four (4) vendors. On Friday, May 08. 1998, only one (1) bid was received from Rinker Materials Corp. Purchasing placed a call to the other three vendors who requested bid package to inquire why they did not submit a bid for this contract. Responses are as follows: 1) Tarmac Florida "Specifications too tight". (These are the same specifications we used for the previous bid, and Tarmac did respond to that bid.) 2) Tri-County Concrete "We are too far away to meet delivery requirements." 3) Continental Concrete Inc. "Forgot to mail back the bid package". Please review the attached pricing sheets received from Rinker Materials Corp., and forward to Purchasing your award recommendation, and I will proceed with the Commission Agenda request. If you have any questions, you may reach me at ext. 7163. Attachments: Tabulation of Bids Copy of Bid Received CITY OF DELRAY BEACH SCHEDULE OF PRICING BID FORM BID # 98-28 ITEM ESTIMATED UNIT EXTENDED # DESCRIPTION ANNUAL USAGE COST COST z. 2.soo PSI Type I ZVS C.¥. $ 55.00 /C.Y. $ 9625.00 Ready Mix (2,500 lbs. per sq. inch & 28 days strength) 7125.00 2. 3,000 PSI Type I 125 C.Y. $ J''uv/C.Y. $ Ready Mix (3,000 lbs. per sq. inch & 28 days strength) 3. 4,000 PSI Type I ZOO C.Y. $ 61.00/c.y' $ 6100,00 Ready Mix (4,000 lbs. per sq. inch & 28 days strength) 4. 100 PSI Flowable Fill 100 C.Y. $ 50,00/C.Y. $ 5000,00 Ready Mix (100 lbs. per sq. inch & 28 days strength) TOTAL BID PRICE: $. 27,850.00 DELIVERY WITHIN 24 HOURS AFTER RECEIPT OF ORDER: X YES NO EXCEPTION TO 24 HOUR NOTICE? IF SO PLEASE NOTE BELOW: Schedulin~ on some orders may require 1 to 3 days advance notice ANY ADDTIONAL DELIVERY ~GES IF APPLICABLE: See Attachment for charges on minimum loads,waiting time~ returnod concrete, saturday, sunday,holiday, and nighttime deliveries NOTE: UNIT PRICE PER ITEM SHALL BE FIRM THROUGH THE CONTRACT PERIOD AND SHALL BE QUOTED F.O.B. DESTINATION, CITY OF DELRAY BEACH. 2O CITY OF DELRAY BEACH READY MIX CONCRETE TERM CONTRACT BID # 98-28 ADDITIONAL CHARGES: MINIMUM LOAD CHARGE: $ 75.00 FOR DELIVERIES OF 5 YARDS OR LESS. ONE CALL BACK WITHOUT CHARGE WILL BE ALLOWED ON DELIVERIES EXCEEDING 10 YARDS. WAITING TIME: AN UNLOADING TIME OF 10 MINUTES PER CUBIC YARD DELIVERED, MAXIMUM 60 MINUTES PER LOAD WILL BE ALLOWED AT NO CHARGE. AFTER 60 MINUTES THERE WILL BE A CHARGE OF $15.00 PER QUARTER HOUR. ENVIRONMENTAL FEE: THERE WILL BE AN ENVIRONMENTAL FEE FOR THE DISPOSAL OF WASTE CONCRETE RETURNED OF $ 50.00 PER LOAD. SATURDAY DELIVERIES: PLANT OPENING CHARGE - $ 1000.00 ADDITIONAL PER CUBIC YARD CHARGE - $ 5.00 MINIMUM ORDER - 100 YARDS SUNDAY / HOLIDAYS / NIGHTI'IME DELIVERIES PLANT OPENING CHARGE - $1800.00 ADDITIONAL PER CUBIC YARD CHARGE - $ 8.00 MINIMUM ORDER - 100 YARDS DELRAY BEACH BID SIGNATURE FORM NI-AmericaCity * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) BID# 98-28 1993 TITLE: Ready Iifx Concrete - Term"Contract CSR Rinker Materials Company Name *Signature Robert Ceparano - Sales Representative Name/Title 1700 West Atlantiv Ave. Address Delray Beach Florida 33444 State Zip code ( 561 ) 276-6037 Telephone ( 561 ) 276-3495 Facsimile VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: Scott Jacobs or Doug Horan TELEPHONE: ( 561 ) 276-6037 21 REFERENCES COMPANY NAME: City of Boynton Beach ADDRESS: 100 E. Boynton Beach Blvd,, Boynton Beach STATE: Florida ZIP: 33425 CONTACT PERSON: Purchasing Dept. PHONE NUMBER: 561-734-8111 COMPANY NAME: City of Lake Worth ADDRESS: 1900 2nd Ave. N., Lake Worth STATE: Florida ZIP: 33461 CONTAC/PERSON: Purchasing Dept. PHONE NUMBER: 561-586-1666 COMPANY NAME: City of West Palm Beach ADDRESS: 901 Datura Street, WPB STATE: Florida ZIP: 33401 CON/AC/PERSON: Purchasing Dept. PHONE NUMBER: 561-837-4052 COMPANY NAME: Palm Beach County Con]nission ADDRESS: 3323 Belevedeer Road, Bldg.# 506, WPB STATE: Florida ZIP: 33406 CONTACT PERSON: Purchasing Dept. PHONE NUMBER: 561-233-2000 23 Agenda Item No.: ~' AGENDA REQUEST Date: May 27, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 3une 2, 1998 Description of agenda item (who, what, where, how much): Request.approval to award construction and installation of a 30' X 44' pavilion at Miller Park to S&F Construction in the amount of $23,150 ($22,285 for pavilion, $640 for 80 cubic yards of fill and $225 for 100 square feet of sidewalk) to be charged to account # 334-4173-572-6390. ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Award-to S&F Construction. Determination of Consistency with~.~omprehensive Plan: City Attorney t~eview/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Funding alternatives.-'-' (if ap licable) Account No. & Desc~rip_tion: Account Balance: ~ /.~,i ~./~g ~ ~~. ~ /~/~'--/~~>.- City Manager Review: Approved for agenda: NO ~ ~/~/~ · Hold Until: Agenda Coordinator Review: Received: Ac t ion: Approv ed / D i s approv ed [ITY OF DELRI:I¥ BEFI[H DELi~^¥ BEA(~H  100 N.W. 1st AVENUE * DELRAY BEACH, FLORIDA 33444 (561) 243-70OO AIl-Amedca City 1993 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Miller Park Pavilion DATE: May 27, 1998 Attached please find information concerning the installation and construction of a 30' by 44' pavilion at Miller Park. The base price of the pavilion is $22,285 of which $7,000 will be donated by the Delray National Little League, Delray Soccer and the Bucky Dent Baseball School (see attached). S&F Construction estimated an additional $640 for 80 cubic yards of fill and $225 for 100 square feet of sidewalk which brings it to a total of $23,150. I transferred money at the midyear budget adjustment to cover this cost. This should be charged to account #334-4173-572-63.90. The attached backup information is for your review. S&F Construction has a current term contract for pavilions with Palm Beach County School District, Bid #SB98C-41P. I have also attached a letter from $&F Construction indicating they will extend the same price to the City as in the contract with the School Board. DireC~tor of Parks and Recreation Attachments JW:cp Ref:mlrpkpav THE EFFORT ALWAYS MATTERS ~C~. ~. ~ o  Printed on Recycled Paper ,.o. the World'S Premier Bsseb~lll School." 't90 Dotter~:l ~ Delray Beac:~, Il,:.:,-, :'~ ~3444 (56q) 265-028,') ' ~:~ F56]) 278-6679 May 27, 1998 Memorandum To: Joe Weldon, Director Parks & Recreation City ~ Delray Beach From: Larry H~k~n, Vice President & Gene~r-~ger Buck¥ De~s Baseball School This is t,~, confirm that the three Sports Associations that use Miller Park would financially participate in the building of the new Pavill~o;)~'Size 30' X 44'), as follows: Defray Nat~.onal Little League has committed $2200.00 Detra¥ l~oc~er h~s con, nit%ed $2200.00 ~uck¥ Dent's Baseball School has committed $2600.00 Total: $7,000.00 We would lik,~ this Pavil~ion completed as soon as possible. Our Summer Sea:~on s~art~ June 15th! Thank you. LH:og Vi~ Facsimile ,r.,u/~/z=:~ .z~; .L ," 4,U ,."- fY ,.'-41 ,."b S F COhlST~!UCTIOhl F',~GE 5/29/98 City of Delray Beach Parks and Recreation Dept. 50 N,W, 1st Ave. Delray Bch., FL. 33444 Attn: Mr. Joe Weldon, Director Sir: Please be advised that our company currently holds the annual term contract for construction of outOoor pavilions (Palm Bch. Co. School Board contract SB 98C-41p-term contract to 8/2/98}. If you so choose, we would be happy to supply alpark pavilion for your Department. All terms, costs, Specifications and Unit prices can be suDplied to you as outlined in the bid documents. The same COSTS, under contract, for supplying pavilions to the School Distr~ct are also available to the City of Delray Beach. At your requestiany documentation needed regarding licensing, insurance, contract award or contract specifications will be forwarded to your office. Thank you ~or the opportunity to be of service to you. Respectfully Vice pres. $l~ Cons't. Inc. INVITATION NO. SB 98C-41P · BID SUMMARY SHEET ITEM 1. Item Description Unit Price NO. A. Shelter 30' x 36' $ 18,968 B. Shelter 30' x 44' $ 22,285 C. Shelter 30' x 52' $ 25,855 ' D. Shelter 30' x 60' $ 2q. ~l ~ I Item 1- Grand Total Cost (A through D Inclusive) I $ 96,420 ADDITIONAL INFORMATION 1. Additional Cost for Fill $ 8,00 /cu. yd.' 2. Additional Cost for Pumped Concrete $ 18.00 /cu. yd. 3. Additional Cost for Sidewalks $. 2.25 /sq. ft. 4. Shelter 40' x 75' x 16' at the eave and 25' center span $ 65,757 each VARIANCES". State any variances, however slight, to the above specifications. Minority Certification applications are available through the Minority Business Enterprise located at= Minority Business Enterprise School District of Palm Beach County 3326 Forest Hill Boulevard 2nd Floor, C Wing West Palm Beach, FL 33406-5871 Phone= (407) 434-8508 -13- Laminated Beam Pavilions Bid Number: SB 98C-41P - Term Contract for Pavilions Term Contract through August 2~, 1998 Available Size(s): 30' x 36', 30' x 44', 30' x 52' or 30' x 60'. ~ T&G ROOF DECK ~ Please send all orders Shall be nominal 2' x 8", ~ inquiries to: ~ CONCRETE Southern Pine,//1 grade, edge S & F Construction, Inc. The foundation and slab are steel reed one side, kiln dried and 2180 S.E. 1st Street reinforced. Concrete shall be furnished in specified lengths so minimum 3,000 PSI. that all joints occur over a Boynton Beach, FL 33435 laminated beam support. Phone (561) 737-4175 ~ DESIGN Factory pre-finished Structure designed as a free "OLYMPIC©" #0716 Natural Fax (561) 369-1445 standing, open-air pavilion IAW Cedartone. applicable building code, as furnished & installed by S & F ~ HARDWARE )' CONTRACT PRICING Construction, Inc. All connections to be ASTM A- Size Unit Price 36 steel, painted after fabrication 30' x 36' $18,968 } COLUMNS and included with all required Factory painted with exterior nails and fasteners. Bolts to be 30' x 44' $22,285 glossy enamel (brown), 5" ASTM A-307. 30' x 52' $25,855 square, ~8' above grade, 30' x 60' $~29,312 structural steel columns. ~ WATERPROOFING Will consist of twenty-five (25) Additional Costs ~ LAMINATED BEAMS year warranty fiberglass, class 1. Fill $8 per cubic yard. Will be glued laminated 'A" fire rated shingle over 30# 2. Pumped concrete $18 pcy. southern pine factory pre- felt. Roofing nails to be 3. Sidewalks $2.25 per sq. ft. finished "OLYMPIC©" #0716 galvanized and supplied by 4. Electric conduit (1/2 Natural Cedartone. manufacturer. Drip edge installation will beprovided applied continuously along as a courtesy upon request ~ FASCIA perimeter. (prior to installationJ. Shall be//1 - 2" x 6" CCA treated ~ Price valid through Southern Pine, factory pre- August 2~a, 1998. Subject finished ~OLYMPIC©"//0716 Natural Cedartone. to change thereafter. ~ This is truly "turn-key" product. Grubbing, grading and fine grading are included. Sod is installed at the perimeter (up to 10' on all sides). Trash and debris are removed and project is released to owner ready for use. Project references are furnished upon request. ALL WORK SHALL BE PERFORMED IN A WORKMAN-LIKE MANNER. ~ S & F Construction, Inc. is an approved, qualified, Florida licensed & insured, general contractor. Please call us today for more information. For more information: Please contact: Jim Ford, S & F Construction, Inc. Phone: (561) 737-4175 Fax (561) 369-1445 ~ YOUR localprofessional ~ customer friendly contractor. PAV IL O COffT CT BID #98C-41P CONSTRUCTIOI I, il IC. Installed by qualified, approved builder (S & F Construction, Inc.). Project references furnished upon request. Pre-engineered open-air structures providing shade and comfort. Available in popular sizes (30' x 36', 30' x 44', 30' x 52' & 30' x 60'). Ideal for playgrounds picnics or group gatherings. Glued laminated (pitched & tapered) beam design is safety conscious - no place for birds to roost or children to climb. All components are #1 grade. Means greater beauty. Building life span of 50+ years. Decking is furnished in specified lengths for extra strength & beauty. Two-inch thick tongue & groove deck is substantially stronger than ordinary plywood (no penetrating roofing nails). Converts easily to storage or assembly areas. Designed by Florida ;egistered, professional engineers in compliance with local code. "Turn Key Project"- clean up, touch up, walk through and released ready for use. S & F will supply complete package. Responsible for complete project from design through completion. Thirty to sixty day start to finish estimated time of completion. Lower maintenance costs for glulam beams versus conventional truss construction. Built to last with beauty and safety in mind. ~ Contract is valid through August 2nd, 1998 - don't delay! S & F Construction, Inc. 2180 SE 1~ Street ~. Boynton Beach, FL 33435 phone (561) 737-4175 ,~ fax (561) 369-1445 [ITY OF I]ELAI:IY BEI:I[H DELRAY BEACH ~ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII-AmericaCity TO: David T. Harden 199} City Manager FROM: ~'Robert A. Barcinski Assistant City Manager DATE: May 28, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 2, 1991~ APPROVAL - INTERLOCAL AGREEMENT ACTION City Commission is requested to approve an INTERLOCAL AGREEMENT with Palm Beach County for the construction of approximately 580 linear feet of sidewalk on Lake Ida Road from Coral Way to Davis Road. Funding is available in the General Fund Construction account #334-3162-541-63.11 Swales/Sidewalks. The estimated City cost share is $8,225.50. BACKGROUND In August 1997, City Commission approved a similar agreement in the amount of $6,250.00. Shortly after your approval, questions arose concerning the estimated costs, the need for curbing based on DOT regulations, and maintenance responsibilities. These issues have been resolved to staff's satisfaction and a new INTERLOCAL AGREEMENT is presented for approval. Once approved by the City, the agreement will need to be approved by the County. We will try to move up our design schedule and get this missing link installed by August versus September - October 1998. RECOMMENDATION Staff recommends approval of the INTERLOCAL AGREEMENT and funding up to $8,225.50. Funding is available in General Fund Construction account #334- 3162-541-63.11 Swales/Sidewalks. RAB/tas File:u:sweeney/agenda Doc:052898a.doc THE EFFORT ALWAYS MATTERS MEMORANDUM TO: Bob Barcinski, Assistant City Manager FROM: Hoyt Owens, Deputy Director Public Works DATE: April 21, 1998 ~' SUBJECT: LAKE IDA ROAD MISSING LINK SIDEWALK PROJECT I have reviewed the attached documents from PBC Traffic Engineering Division for the above annotated project and have the following comments: · INTERLOCAL AGREEMENT - County stipulates that their participation will not exceed 50% of $16,541 or $8,225.50. City will front all costs and request reimbursement from the County. City is responsible for design, permitting, construction and construction administration with the County providing cursory inspection services. Randal confirms that Engineering can provide design clean-up services to acquire the appropriate permits from PBC. However, man-hours will not be available for this project until July - August 1998. · PBC's construction estimate (copy attached) has been evaluated. Their estimate ~ $16,451 appears adequate with specific reference to their ANNUAL PATHWAY AND MINOR CONSTRUCTION CONTRACT - BID #98054. The current composite take-off costs reflect $12,120 without contractual survey services, design document clean-up provisions or force account permitting man-hours. Based on Randal Krejacek's opinion, we can acquire survey services for approximately $2,250. Consequently, the out of pocket expenses are estimated at $14,370 with a 10% contingency, which equals $15,810 for the project. These costs may fluctuate depending on the driveway work. Encompassing all the above presumptions, the City can execute the INTERLOCAL AGREEMENT and provide authorization to staff to proceed with this project. Anticipated completion date will probably be September - October 1998. If you have any questions, please call. attachments: c: Jim Schmitz w/o attachments Randal Krejacek w/o attachments ' a:sidewalk3.ida disk #1 , Agenda Item No.: AGENDA REQUEST Date: May 29, 1998 Request to be placed on:, X Regular Agenda Special Agenda Workshop Agenda When: June 2, 1998 Description of agenda item (who, what, where, how much):City Commission is requested to approve an INTERLOCAL AGREEMENT with Palm Beach County for the construction of approximately 580 linear feet of sidewalk on Lake Ida Road from Coral Way to Davis Road. FundinK is available in the General Fund Construction account #334-3162-541-63.11 Swales/Sidewalks. The estimated City cost share is $8~225.50. ORDINJtNCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO 'Recommendation: ~_x~ 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: Y~ NO Funding alternatives~-' c-~ t~on~ .... (if applicableS. Account No. & Des ~'p ' . .~-/~/~l--~x/~3.// ~~~Z~F~/~ City Manager Review: Agenda Coordinator Review: Received: Action: Approved/Disapproved ~ ~' ZNTEI~OCAL AGREEMENT BETWEEN THE BO~I~JD OF COUNTY COI~ZBSZONERB 2 i. OF P~ BF~CH COUNTY ~ THE CITY OF DELI~Y BF~CH FOR 3. i PEDESTRZ~%N SZDER~L~ ~.,ONG THE SOUTH SIDE OF LAKE IDA ROAD FROM 4i COI~L W~Y TO DAVIS ROAD 5' THIS INTERLOC~L ~GREEMENT, made and entered into this 6 day of , 1998, by and between the CITY OF DELRAY BEACH, 7i a municipal corporation of the State of Florida, hereinafter "CITY" 8, and the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, 9 FLORIDa, a political subdivision of the State of Florida, 10 hereinafter "COUNTY." 11 12 W I T N E S S E T H: 13 WHEREAS, the CITY wishes to construct a missing portion of a 14 five (5) foot pathway along the south side of Lake Ida Road from 15 Coral Way to Davis Road, a distance of approximately 579 feet 16 : (hereinafter "PROJECT"); and 17!i WHEREAS, the COUNTY wishes to participate by contributing 501 18 : percent of the total project design and construction costs to the 19: CITY for the funding of the PROJECT; and 20 WHERF~S, the CITY and COUNTY are authorized to enter into thisI 21~ Agreement pursuant to Section 163.01, Florida Statutes, which 22 permits local governmental units to make the most efficient use 23 ~ their powers by enabling them to cooperate with other governmental! 24'~ entities on a basis of mutual advantage; and 25 ~HEREAB, the COUNTY and CITY believe that it is in their best 26 interests to enter into this Agreement. 27 NON, THEREFORE, in consideration of the mutual covenants 28 contained herein, the parties hereto agree as follows: 29 30 1. The recitations set forth hereinabove are true, accurate, 31 and correct, and are incorporated herein. 32 33 2. The CITY shall be responsible for the initial funding andl 341 construction of the PROJECT including design, contract preparation, 3511 bidding award, and contract administration, and inspection pursuant. 361i to all applicable State and local laws and regulations. The CITY CITY OF DELR~Y BE~CH L~KE IDA ROAD/COI~L ~f-D&VIB RD ~GREF~ENT i shall permit representatives of the COUNTY to be present at any 2 time during construction. 3 3. The CITY shall obtain or provide all labor and materials! 4 necessary for the construction of the PROJECT. 5 4. The CITY shall be solely responsible for obtaining and . 6 complying with all necessary permits, approvals, and authorizations. 7 required for the construction of the PROJECT from any federal,! 8 state, regional, County, or City agency. 9 5. The COUNTY shall inspect the PROJECT jointly with the 10 CITY during construction to ensure compliance with COUNTY standardsl 11 and will be responsible for the maintenance of PROJECT afterl 12 completion. 13 6. This Agreement shall take effect upon execution and all! 14 work shall be completed no later than July 1, 1999 unless the time~ 15 for completion is extended by the parties in accordance with 16 paragraph 20. 17 7. The COUNTY agrees to reimburse the CITY an amount not to 18 exceed 50% of the actual cost of the PROJECT which is estimated at 19 $16,451.00 or a maximum of $8,225.50. This cost shall include 20 design, permitting, construction, and inspection. Notwithstanding' 21 i:i anything contained in this Agreement, the CITY shall not be 22!! reimbursed by the COUNTY for construction costs under thisI 23 Agreement until after it has expended its own funds and the! 24 construction costs it is seeking to be reimbursed for has been! 25 completed, inspected, certified and accepted by the COUNTY. TheI 26 CITY shall submit proof of payment to the COUNTY's contract monitor 27 or his designee in a form deemed satisfactory by the COUNTY. 28 Invoices submitted by the CITY shall include a reference to 29 this Agreement, identify the Project, include the CITY's total 30 expenditure and identify the amount due and payable by the COUNTY 31 to the CITY. Invoices shall be itemized in sufficient detail for 32 pre-payment audit thereof, and shall be supported by copies of theI 33 corresponding paid vendor or contractor invoices and substantiated -2- CITY OF DELI~Y BEACH I~KE IDA ROAD/COI~ff~ ~Y-DAVIB RD AGREEHENT ~ pr~ff of ~ent and perffo~ance. The CITY shall suppl~ any other: 2 doc~entation re~ested by the CO~TY. 3 Invoices received from ~e CITY will be reviewed and approved~ 4 by the CO~TY's contract monitor or his designee, indicating that 5 ~e e~endit~es have ~en made in confo~ity wi~ the retirements~ 6 of this Agreement. Thereafter, they will be sent to the CO~TY's~ 7 Finance Department for final approval and pa~ent. Invoices will~ 8 no,ally be paid within thirty (30) days following approval. 9 Unless the te~ of this Agreement is extended, the CITY shall 10 submit all invoices for final pa~ent by Au~st 1, 1999. The CO~TY~ 11 shall have no obligation for any costs incurred after the final 12 inspection has been approved and final pa~ent has been made. 13~ 8. The CITY shall maintain adequate records to justify all 14~ ~arges, e~nses, and costs incurred in perfo~ing ~e PROJECT for 15~ at least three (3) years after its completion. The CO~TY shall~ 16~ have access to all books, records, and documents as required 17~ this Section for the purpose of inspection or audit during normal~ ~ business hours. 19 9. Should the PROJECT costs exceed $16,451.00, the CO~TY ~ shall not ~ responsible for any costs in excess of $8,225.50. 20~ ~1 ~ntt~ or p~r~on for ~n~ ~ount ~n ~xc.~ of 50 p~rc~nt of ~h~ 25 entir, project cost. 26 10. ~e CITY reo~izes ~at it is an independent contractor, 27 and not an agent or servant of the CO~TY. No person employed by~ 28 any party to this Agreement, shall in connection with the~ 29 perfo~ance of this Agreement or any services or functions~ 30 cont~plated hereunder, at any time, be considered the employee of~ 31 the other party, nor shall an employee claim any right in or~ 32 entitlement to any pension, worker's compensation benefit, 33 ~plo~ent compensation, civil service, or other employee rights~ -3- CITY OF DELRAY BEACH LAKE IDA ROAD/CORAL WY-DAVIB RD /%GREEMENT i or privileges granted by operation of law or otherwise, except 2 through and against the entity by whom they are employed. 3 11. The parties to this Agreement shall not be deemed to 4 assume any liability for the negligent or wrongful acts, or 5 omissions of the other party. Nothing contained herein shall be 6 construed as a waiver, by either party, of the liability limits 7 established in Section 768.28, Florida Statutes. 8 Liability for injury to personnel, and the loss or damage 9 of equipment shall be borne by the party employing such personnel 10 and owning such equipment. 11 All personal costs shall be borne by the employing party. 12 12. In the event a claim or lawsuit is brought against the 13 COUNTY, its officers, employees, servants, or agents, the CITY 14 hereby agrees to indemnify, save and hold harmless the COUNTY, its 15 officers, employees, servants, or agents and to defend said persons 16 from any such claims, liabilities, causes of action and judgments 17 of any type whatsoever arising out of or relating to the 18 performance or operation of this Agreement, to the extent permitted 19 by law. The CITY agrees to pay all costs, attorney's fees and 20 expenses incurred by the COUNTY, its officers, employees, servants, 21 or agents in connection with such claims, liabilities or suits. 22 Furthermore, the CITY stipulates that the extent of the COUNTY'S 23 liability pursuant to this Agreement shall be limited solely to its 24 payment obligation. Nothing contained herein, however, shall act 25 as a waiver of any of the CITY or COUNTY'S immunities provided for 26 in Section 768.28, Florida Statutes. 27 13. The CITY shall provide documentation evidencing its self- 28 insured status as permitted by state law. 29 14. In the event of termination, the CITY shall not be 30 relieved of liability to the COUNTY for damages sustained by the 31 COUNTY by virtue of any breach of the contract by the CITY and the 32 COUNTY may withhold any payment to the CITY for the purpose of set- -4- il CITY OF DELRAY B~CH LAKE IDA RO~D/CORAL WY-DAVIS RD ~GREEMENT 11 off until such time as the exact amount of damages due the COUNTY 2!i is determined. 3ii 15. The COUNTY and the CITY agree that no person shall, on the grounds of race, color, sex, national origin, handicap or religion be excluded from the benefits of, or be subjected to any 6 form of discrimination under any activity carried out by the 7 performance of this Agreement. 8 16. All notices required to be given under this Agreement 9 shall be addressed to: 10 11 COUNTY 12I Palm Beach County Department of 13~ Engineering & Public Works 141 Attention: Dan Weisberg, P.E. 15 Post Office Box 21229 16.i West Palm Beach, Florida 33416-1229 171! C~TY 19' David T. Harden, City Manager 20, City of Delray Beach 21'i 100 N.W. 1st Avenue 22 I Delray Beach, Fi 33444 23i 24ii 17. By entering into this Interlocal Agreement, CITY and 251~I COUNTY represent that each has full right and lawful authority t¢ 26!! enter into and perform this Agreement. The validity, 27 interpretation, construction, and effort of this Agreement shall 28 be in accordance with and governed by the laws of the State of 29 Florida. In the event any provision hereof is determined to be 30 unenforceable or invalid, such unenforceability or invalidity 31 shall not affect the remaining provisions of the Agreement, which 32 shall remain in full force and effect. 33 18. This Agreement, including attachments hereto, 34 constitutes the entire agreement between the parties, and shall 35 supersede and replace all prior agreements or understandings, 36 written or oral, relating to the matters set forth herein. C'rT¥ OF DBI'.RAY BEACH LAKE ZDA ROAD/CORAL WY-DAVI'B ltD AGR~.F.,MEI~ i 19. This Interlocal Agreement may be amended or modified 2 only by written addendum or amendment signed by the parties and 3 authorized by their respective elected officials. 4 20. Each party will promptly notify the other of any 5 citizen complaint, claim, suit, or cause of action threatened or 6 commenced against it which arises out of or relates, in any 7 manner, to the performance of this Agreement. 8 21. Each partyts performance and obligation under this 9 Agreement is contingent upon an annual budgetary appropriation by 10 its respective governing body for the purposes hereunder. 11 22. The parties expressly covenant and agree that in the 12 event either party is in default of its obligations under this 13 Agreement, the party not in default shall provide to the 14 defaulting party thirty (30) days written notice before 15 I exercising any of its rights. 16 ~ 23. Any costs or expenses (including reasonable attorney's 17 fees) associated with the enforcement of the terms and conditions 18 of this Agreement shall be borne by the respective parties; 19 provided, however, that this clause pertains only to the parties 20 to this Agreement. 21 24. This Agreement shall be construed by and governed by 22 the laws of the State of Florida. Any and all legal action 23 necessary to enforce this Agreement shall be held in Palm Beach 24 County. No remedy herein conferred upon any party is intsnded to 25 be exclusive of any other remedy, and each and every such remedy 26 shall be cumulative and shall be in addition to every other 27 remedy given hereunder or now or hereafter existing at law or in 28 equity or by statute or otherwise. No single or partial exercise 29 by any party of any right, power, or remedy hereunder shall 30 preclude any other or further exercise thereof. 31 25. The preparation of this Agreement has been a joint 32 effort of the parties, and the resulting document shall not, -6- CITY OF DELP~,Y BF~CH L~KE IDA ROAD/COR.~., WY-DAVIS RD A(~REEHENT i solely as a matter of judicial constraint, be construed more 2 severely against one of the parties than the other. 3 26. The captions and section designations herein set forth 4 are for convenience only and shall have no substantive meaning. § 27. In the event that any section, paragraph, sentence, 6 clause, or provision hereof is held invalid by a court of 7 competent jurisdiction, such holding shall not affect the 8 remaining portions of this Agreement and the same shall remain in 9 full force and effect. 10 28. A copy of this Agreement shall be filed with the Clerk 11 of the Circuit Court in and for Palm Beach County, Florida. 12 29. The effective date of this Agreement shall he the date 13 of full execution by both parties. 14 IN WITNESS WHEREOF, the parties hereunto have executed this 15 Agreement on the date and year first above written. 16 CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA, BY 17 BY ITS CITY COMMISSION ITS BOARD OF COUNTY COMMISSIONERS 18 ii By: By: 19 City Manager Chair 20 ATTEST: ATTEST: 21 MILTON T. BAUER, CLERK 22 By: By: 23 City Clerk Deputy Clerk 24 APPROVED AS TO FORM AND APPROVED AS TO FORM AND 25 LEGAL SUFFICIENCY LEGAL SUFFICIENCY 27 ~ity Attorney County Attorney h: \tra f fic\kah\lkid&&gr, emt -7- MEMORANDUM TO: MAYOR ~ CITY COMMISSIONERS FROM: CITY MANAGER ~.[~ SUBJECT: AGENDA ITEM ~'~- REGULAR MEETING OF JUNE 2, 1998 BID AWARD FOR PARKS AND RECREATION SUMMER FOOD PROGRAM DATE: MAY 13, 1998 This is before the Commission to consider approval of staff's recommendation to award the bid for the summer food program to the second low bidder, Tomasso Enterprises, Inc. Two vendors responded to the bid, Passport Pizza, Inc. with a quote of $39,780.00 and Tomasso Enterprises, Inc. with a quote of $42,365.70. While Passport Pizza was the low bid, staff is requesting award to Tomasso based on the reasons outlined in the attached background material. The difference in price is $2,585.70. The summer food program will be charged to 115-4924-572-49.90 (Special Projects - Other Current/Obligations), although approximately $52,000 will be reimbursed to the City from the Florida Department of Education Summer Food Program. I recommend that the bid for the summer food program be awarded to Tomasso Enterprises, Inc. as the second low bidder. ref:agmemol5 Agenda Item No.: 7~ AGENDA REQUEST Date: May 28, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: June 2~ 1998 Description of agenda item (who, what, where, how much): Request. approval to award Bid #98-18 (summer food pro~ram) to Tomasso Enterprises, Inc. in the amount of $42.365.70. Thi~ w~ll be char~ed to account #115-4924-572-49.90. ~ , ' Approximately $52.000 will be reimbursed to City from the Florida Department of Education Summer Food Program. RESOLUTION REQUIRED: YE~O~ Draft Attached: YES/NO ORDINAI~CE/ Recommendation: Award-Bid #98-18 to Tomasso Enterprises, Inc. Department Head Signature: ~F~_~~ Determination of Consistency with ~C~mprehensive 'Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available'~~ NO ~-~ ~03~ ~~/~ Funding alternatives: (if-applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~/ NO.~/~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved DELRAY BEACH MEMORANDUM TO: David Harden City Manager FROM: Rodger Ribeiro Recreation Superintendent THROUGH: Joe Weldon Director of Parksan~ ]~ecreation DATE: May 28, 1998 SUBJECT: Bid #98-18 Summer Food Program for Parks and Recreation The Summer Food Lunch/Snack Program quotes have been received. Two vendors responded with quotes (see attached). Passport Pizza, Inc. submitted the lower of the two bids at $39,780.00, and Tomasso Enterprises, Inc., last year's vendor, submitted a bid of $42,365.70. Although the difference between the two is $2,585.70, I am requesting we contract with Tomasso Enterprises, Inc. for the following reasons: 1) In 1997 the Delray Beach Parks Department Summer Food Program received a Menu Award from the Florida Department for Education (see attached). Tomasso's was an excellent company to deal with based upon the quality of food provided, prompt delivery schedule, and a positive parent response. 2) Tomasso Enterprises, Inc. received positive references from the City of Lake Worth. Florida Atlantic University stated they would use Tomasso if they had to choose between the two. 3) Passport Pizza, Inc. received a negative reference from the City of Lake Worth. Spanish River High School was used as a reference and the Spanish River staff stated that they never used Passport Pizza, Inc. This would be charged to account #115-4924-572-49.90. I am recommending City Commission award Bid #98-18 to Tomasso Enterprises, Inc. s:~parks~ 1 Xc, ommelrh-rrfi les~summor~bid9 818. doe 50 Northwest 1st Avenue · Delray Beach, Florida 33444 (561) 243- 7250 · Fax: (561) 243-7268 CITY OF DELRAY BEACH TABULATION OF BIDS BID ~98-18 SUMMER FOOD PROGRAM FOR PARKS AND RECREATION MAY 20, 1998 ITEM / TOTAL ~ PASSPORT PIZZA TOMASSO ENTERPRISES DESCRIPTION OF MEALS INC. INC. 1. LUNCH 19,890 $ 1.60 $ 1.65 EACH $ 31,824.O0 $ 32,818.50 2. P.M. 19,890 $ .40 $ .48 SUPPLIEMENT EACH $ 7,958.00 $ 9,547.20 TOTAL BID PRICE: $ 39,780.00 $ 42,365.70 COMMENTS/ FREE PIZZA AT EXCEPTIONS LUNCH FOR COUNSELORS AND STAFF ON PIZZA DAYS. 50% DISCOUNT OFF REGULAR MENU PRICES FOR STAFF TO ORDER FOR DELIVERY WITH SITE'S LUNCH. MEMORANDUM TO: Roger Ribeiro, Recreati¢_~ Superintendent FROM: Jackl~rchasing Supervisor T~ROUGH:. Joseph S~ance Director ~/ DATE: May 21, 1998' / SUBJECT: Bid #98-18 Summer Food Program For Parks And Recreation Attached is a copy of the references submitted to Purchasing from Passport Pizza for the above mentioned subject. I called some of the contacts listed and comments received are as follows: City of Lake Worth - Tom Anderson, Purchasing Supervisor: (561-586-1676) "Passport Pizza was the vendor for our Summer Program last year. Sue Warner from our Recreation Department had some complaints in reference to the milk being spoiled and food delivered cold. You need to talk to her". Sue Warner, Recreation Department: (561-533-7359) "The vendor we had prior to Passport Pizza was Tomasso's. Their service was excellent - fantastic. The food delivered from Passport Pizza was delivered cold in cardboard boxes, we had spoiled milk delivered to us, and they sometimes did not deliver enough fruit or milk for the kids. We are definitely going with Tomasso's Pizza this year". Boca Middle School - Scarlett: (338-1467) "Passport Pizza has excellent service, very friendly, and delivery ~was fast. We have 30-40 pizzas delivered to us a day. No drinks served. If we have a problem, they replaced within approximately fifteen minutes". Spanish River High - Rosemary: (241-2230) "Never have used them on a Summer Food Program or Lunch Program". (Note: This vendor was listed on the fax sent to Purchasing by Passport Pizza.) Florida Atlantic University - Shawn Cunningham, Purchasing Department: (297-3874) "We had problems at first with Passport Pizza but by end of the summer program the problems were solved. You need to call Barry Gregory in our Summer Food Program for more information on this vendor". Barry Gregory - Summer Food Program: (297-2159) "We have 13 different sites for delivery of the food for the summer program. Had problems in the beginning with Passport Pizza, but Jay from Passport Pizza was more than willing to address these issues. Overall quality of food - good - fair - but not excellent. We have used Tommasso in the past, and if I had my choice between Tommasso and Passport Pizza, I would definitely choose Tommasso". Atlantic High School - Lois: (243-1504) "Service is wonderful, quality of food is excellent. We have pizza delivered three times a week and calzones delivered two days a week. They are delivered cold and we bake them ourselves. The kids like the pizzas." MAY--2ol--98 08 -'29 PN P.02 CAF~ 21126 St. Andrews Bot,lcmard · Boca Rat,.m. Fh.-ida · {407) 368-8933 20. 1998 Pt, rchasinfi Di~ ision Cit) of Delta) 13¢ach 100 NW lsl Delta3' Beach. Florida 33-14-1-2t, 12 REFERENCE LIST OF PAST BID JOBS A~ p., .s ........ i ..... I. 1 ,~q izuht.~iitlg an ut?bro~ i:,tcd lls~ nf 9;tsl hid .jlfl'{5 W~ hil¥1 ~V" n~vardcd as well as k,rgr ~ulecing p,'oic :Is xvc delivered. FOR APPROXIMATELY Tt-~ PAS'I' 10 YEAR~. Wk tlAV~ C~TERffl)'l'HL YAI.t,~ DEAC{I COIJN'FV SCHOOL BOARD with pizzas for the T~E A LL~CH PROGRAM. Thc extcn~ of our deliveries inch~ded Belle Glade a id Pahokcc areas. Wellington. I.ake Worlh. Lal~l;ma. Bovntml Beach. Deb-a) Beach and Bt~'a sch~19. TI,e~;c doliveri¢i are made tinily a,',d i,mcl,~dc ~flh hot and cold pizzas as x~etl as hot c~d~one ~mdwicltct. In addition Io catering thc ltmchcon progran, dm'ing fl~c school )'car. s~' ,,e,'c called t{~ll 1o pmxide pizzas l~r summer scho)l program in Ibc same areas. Wc are prescnll) deh~cring to approximately 40 silos Plci,~e fecl I¥cc to call any of thc follo~sing ~ ,nat~agcrs listed bclos~: II Scarlell flora B~a Middle/338-1467 21 Lois fcc m Afianlic High/243-1504 ~] Rostra; D' ffOlll Spanish River Higl~41-2230 41 George fi'om Del Ptado l.~lemc,~tag/416-1602 5{ Trudy from (Taltl~ ElcmcnlaD/241-22$8 6lVicky flora Coral StllISC1 Elcmenl:,~'/852-669 { 7] Wcndy flora Egret T.akc Elcmcnt;~ry/688-5395 81 Tlsclm: from C~'sIal Lake ElcmentaD'136.1-7902 9[ Rosemary from Congre~!: Middle/374-561'? I~J Carl Gum Kiiklaac k;Ic.'scntnD'/6 I~ 1953 WE HAVE f&.SO CATERED A NU~ER OF PRIVATE SCHOOl I.IJN('HES INCL.)lNG POPE JOHN PAUl. II HI(il I S(TH~I. (prior lo fi,tlr gelling Ihcil' owll cafelerin) as well ~s St. U. II')E Thc~ x~erc a van~ luncheon nlenu including ~lb hol ,and cold l)r~lucls dcl~xcried on a dali) basis, in addition xx 0 catered I'il~cvrt~sl SI Andrews, Boca Christian. St Ambroise. Zion t,uthcran, and St Joan of Arc xvilh pizzas for their lunch¢~ and s~cial c¥clH ~. MAY--D1--98 88 -~8 PM P. 05 IN 'I'IIE SUMMI'.'R OF 1997. WE WERE AWARDED THE BID TO SERVICE TIlE YLOR1DA ATLANTIC UNIVERSITY SUMMER FOOD PROGRAM, which included 12 sitcs and approximalcl) 800 lullchcs ired snacks daily As ii result of our Cfforls and II'ti! of FAU, FAIJ receix ed a comnmnib ms ard. Hopefully thi; list of rcfcrcnccs and our histo% will s~ak for itself. Vc~ trul)' )'o.irs. Ja~: Eider Gcncral Ma;I igor MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM #./0~- REGULAR MEETING OF JUNE 2, 1998 ORDINANCE NO. 20-98 (AMENDING CHAPTER 96, "FIRE SAFETy AND EMERGENCY SERVICES") DATE: MAY 28, 1998 This is second reading and a public hearing for Ordinance No. 20-98 which amends Chapter 96, "Fire Safety and Emergency Services" of the City Code. Specifically, it amends Section 96.16, "Certain Codes Adopted by Reference", by updating the editions of certain National Fire Protection Association (NFPA) codes. In response to the compromise recommendation from the High Rise Fire Safety Task Team and the Fire Department, NFPA 101 is amended to exclude Section 19-3.5.6 of Chapter 19, "Existing Apartment Buildings". In lieu of Section 19-3.5.6, alternative regulations regarding high rise apartment buildings are provided for as set forth on page 5 of the ordinance. In addition, Section 96.17, "Amendments", is deleted from the City Code since all future amendments pertaining to a particular NFPA code will be noted in Section 96.16. Furthermore, Section 96.46, "Aboveground Installations", is amended to provide that if certain conditions are met, tanks exceeding 300 gallons in capacity may be placed aboveground. At first reading on May 19, 1998, the Commission passed the ordinance by a 4 to 0 vote. Recommend approval of Ordinance No. 20-98 on second and final reading. ref:agmemo7 ORDINANCE NO. 20-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", ADOPTING VARIOUS EDITIONS OF THE NFPA CODES AND DELETING SECTION 19-3.5.6 OF CHAPTER 19 OF NFPA 101 AND ADOPTING A SUBSTITUTE THEREFORE; BY REPEALING SECTION 96.17, "AMENDMENTS"; BY AMENDING SECTION 96.46, 'ABOVEGROUND INSTALLATIONS", TO PROVIDE FOR CONDITIONS FOR ABOVEGROUND TANK INSTALLATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City follows certain NFPA codes in relation to fire protection requirements; and WHEREAS, the NFPA periodically updates its codes by issuing editions; and WHEREAS, the City Commission deems it to be in the public interest to adopt certain updated NFPA Codes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS: Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 96.16 CERTAIN CODES ADOPTED BY REFERENCE. (A) The Uniform Fire Safety Standards promulgated pursuant to Section 633.022 of the Florida Statutes and the rules promulgated by the State Fire Marshal pursuant to Section 633.01 of the Florida Statutes, and as set forth in the Florida Administrative Code, Rule 4A. are herein incorporated by reference, all as if fully set forth herein and as may be revised and amended from time to time. If there are subsequent revisions or amendments to the Uniform Safety Standards or Rules of the State Fire Marshal, then those revisions and amendments automatically become adopted under this chapter and are deemed a part hereof. A violation of the Uniform Safety Standards or the Rules of the State Fire Marshal shall be a violation of this section. (B) There are adopted for the purpose of prescribing regulations governing conditions, hazards to life, or property, from fire or explosion, the following mini~num National Fire Codes, prescribed by the National Fire Protection Association (NFPA), ~ .... ....... ,,.,,~'~ ,-,- ,~ ,- v ,' ,such. po":'--~ ^~ ..... ~o ,.~ ...... s ~.~, . ....... ~, ~ .............. o~,.= ............ ~"~v,~. as set forth herein. A violation of the National Fire Codes as set forth herein shall be deemed a violation of this section. The applicable National Fire Codes are on file in the office of the City Clerk, and the provisions thereof shall be controlling within the limits of the city: (1) NFPA 1, "Fire Prevention Code", 1987 1992 edition. (2) NFPA 10, "Portable Fire Extinguishers", 4-994 I994 edition. (3) NFPA 11, "Low Expansion Foam and Combined Agent Systems", 1988 1994 edition. (4) NFPA l lA, "Medium and High Expansion Foam Systems", 198°,, 1994 edition. (5) NFPA 12, "Carbon Dioxide Extinguishing Systems", 1989 1993 edition. (6) NFPA 12A, "Halon 1301 Extinguishing Systems", 1989 1992 edition. (7) NFPA 12B, "Halon 1211 Extinguishing Systems", 1990 edition. (8) NFPA 13, "Installation of Sprinkler Systems", 1989 1994 edition. (9) NFPA 13D, "Sprinkler Systems in One- and Two- Family Dwellings", 1989 1994 edition. (10) NFPA 13R, "Installation of Sprinkler Systems in Residential Occupancies Up to Four Stories in Height", -t-989 1994 edition. (ll) NFPA 14, "Installation of Standpipe and Hose Systems", 4990 1993 edition. (12) NFPA 15, "Water Spray Fixed Systems", 1990 edition. (13) NFPA 16, "Installation of Deluge Foam-Water Sprinkler and Foam-Water Spray Systems", 499J,- 1995 edition. (14) NFPA 17, "Dry Chemical Extinguishing Systems", 1999 1994 edition. (15) NTPA 17A, "Wet Chemical Extinguishing Systems", 4-990 1994 edition. (16) NFPA 20, "Installation of Centrifugal Fire Pumps", 1999 1993 edition. (17) NFPA 22, "Water Tanks for Fire Protection", -1x)8-7 1993 edition. 2 ORD. NO. 20-98 (! 8) NFPA 25, "Water Based Fire Protection Systems", 1995 edition. (19) NFPA 30, "Flammable and Combustible Liquids Code", !990 1993 edition. O9a)(20) NFPA 30A, "Automotive and Marine Service Station Code", 1993 edition. ~'~mtgx,_,,n.,_ ~.~ ~ NFPA 31, "Installation of Oil Burning Equipment", -1-987 1992 edition. )(22) NFPA 32, "Drycleaning Plants", 1990 edition. ~--~t-~-,.tt'~ow9~ NFPA 33, "Spray Application Using Flammable and Combustible Materials", 1989 edition. v*~'to~xr'~a~,,x,.-~., NFPA 34, "Dipping and Coating Processes Using Flammable or Combustible Liquids", 1989 edition. (~0(25) NFPA 35, "Manufacture of Organic Coatings", 4987 1995 edition. (-g-5)(26) NFPA 40, "Storage and Handling of Cellulose Nitrate Motion Picture Film", 1988 1994 edition. (--36-)(27) NFPA 40E, "Storage of Pyroxylin Plastic", 1986 1993 edition. (-2-7)(28) NFPA 43A, "Storage of Liquid and Solid Oxidizing Materials", 1990 edition. (-2-8)(29) NFPA 43B, "Organic Peroxide Formulations, Storage of', 1986 1993 edition. (30) NFPA 43D, "Storage of Pesticides in Portable Containers", 4-986 1994 edition. (31) NFPA 45, "Fire Protection for Laboratories Using Chemicals", 1986 1991 edition. (32) NFPA 46, "Storage of Forest Products", 1990 edition. 3 ORD. NO. 20-98 (33) NFPA 51, "Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting and Allied Process", !987 1992 edition. (34) NFPA 51 A, "Acetylene Cylinder Charging Plants", 1989 edition. (35) NFPA 5 lB, "Cutting and Welding Processes", !989 1994 edition. (36) NFPA 54, "N-atural National Fuel Gas Code", 1988 1992 edition. (37) NFPA 58, "Storage and Handling of Liquefied Petroleum Gases", 1989 1995 edition. (38) NFPA,~ c..~,o.~,,.,, ~o~c~ 70, "National Electric Code" 1993 edition. (39) NFPA 72, ,,_t-~,,m,,:,,.~ "National Fire Alarm Code,, .1993 edition. (43)(40) NFPA 75, "Protection of Electronic Computer/Data Processing Equipment", 1989 1992 edition. (-44-)(41) NFPA 80, "Fire Doors and Windows", t-990 1992 edition. (4-5)(42) NFPA 82, "Incinerators, Waste and Linen Handling Systems and Equipment", 4-990 1994 edition. (-46-)(43) NFPA 88A, "Parking Structures", -1-985-1991 edition. (47--)(44) NFPA 88B, "Repair Garages", 1985 1991 edition. {48)(45) NFPA 90A, "Installation of Air Conditioning and Ventilating Systems", 993 edition. XtAOXta~X'~'~t-"~ NFPA 90B, "Installation of Warm Air Heating and Air Conditioning Systems", -t-989 1993 edition. 4 ORD. NO. 20~98 (50)(47) NFPA 91, "Installation of Blower and Exhaust Systems for Dust, Stock and Vapor Removal or Conveying", -1-990 1995 edition. (-54-)(48) NFPA 96, "Installation of Equipment for the Removal of Smoke and Grease-Laden Vapors From Commercial Cooking Equipment", -t99t- 1994 edition. (5-2--)(49) NFPA 99, "Health Care Facilities", -t-990 1993 edition. (53)(50) NFPA 101, "Safety to Life From Fire in Buildings and Structures", 4-988 1994 edition, except for Section 19-3.5.6 of Chapter 19, "Existing Apartment Buildings". In lieu of Section 19-3.5.6, the following is adopted to provide for regulations regarding high rise apartment buildings: (a) meeting rooms, lobbies and offices that contain combustible furnishings shall be required to have sprinkler protection or smoke detection and separation from means of egres.s.; (b) hazardous areas as defined by Section 19-3.2.1 shall be required to have sprinkler protection; (c) dwelling units shall not be required to have sprinkler protection; {~d) corridors shall be required to have smoke detection connected to the building fire alarm control and report to a constantly attended location or communicate through a central station signaling system to the fire communications center. (e) Existing high rise buildings shall have (3) three years from the effective date of this ordinance to come into compliance. However, the Fire Chief or his/her designee, may grant an extension of this deadline for existing high rise buildings for a reasonable period of time depending upon the magnitude of expenditure, disruption of services, and degree of hazard (51) NFPA 101 -A, ~'Life Safety, .Alternative Approaches", 1995 edition. (-54-)(52) NFPA 102, "Assembly Seating Tents and Membrane Structures", 198,6 1995 edition. (4-5-)(53) NFPA 110, "Standard for Emergency and Standby Power Systems", 1988 1993 edition. (-56)(54) NTPA 204M, "Smoke and Heat Venting", 1985 1991 edition. (-5-7-)(55) NFPA 211, "Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances", 198°-, 1992 edition. (-58-)(56) NFPA 220, "Types of Building Construction", -t-985 1992 edition. (-59)(57) NFPA 231, "General Storage", ! 990 1995 edition. 5 ORD. NO. 20-98 (60)(58) NFPA 231C, "Rack Storage of Materials', 4-994 1995 edition. x,,t~l)(59) NFPA 231D, "Storage of Rubber Tires", l°°n..,. 1994 edition. (62-)(60) NFPA 241, "Building Construction and Demolition Operations", 4-989 1993 edition. (,,.,/(61) NFPA 251 "Fire Tests of Building Construction and Materials", 1990 edition. (64)(62) NFPA 252, "Fire Tests of Door Assemblies", 4990 1995 edition. (6-5)(63) NFPA 253, "Tests for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source", 1990 edition. t~xta,~ NFPA 255, "Tests of Surface Burning Characteristics of Building ~,:t~'~x(aq~,/t,,-,/ NFPA 664, "Fire and Explosions in Wood Processing and Woodworking Facilities",4-g87 1993 edition. (68)(66) NFPA 704, "Identification of Fire Hazards of Materials", 1990 edition. (69)(67) NFPA 1123, "Public Display of Fireworks", 4990 1995 edition. (-7-0)(68) NFPA 1221, "Installation, Maintenance and Use of Public Fire Service Communication Systems", -t988 1994 edition. Section 2. That Chapter 96, "Fire Safety and Emergency Services", Section 96.17, "Amendments", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed. 6 ORD. NO. 20-98 park:rig areas, .. ..... have .... ;+ ....... ; ..... ,.I .... k.C^.~ C.~+.,~.k.. ")O O0 1..;C ~l+....; ..... rCl.,~alrS' a,,~'" ~ ~.4~. said k.,;~.,., ...... :,u:. +u~, ,: ...... :~, ~.a +~ ,4 .... ,~., ~ .... :.~ .... , ..,.,~,~oo oF.~,,~.~,,. ~-,-,,,v -.. ,.,,~ ,,,,~,, F,v,,,,~-. ,-,,,,~ v, ,,,,~ .,.,,,.,,,.~.,,,~ ..,,,.,,~ to an · .,e,XlOLJI,~ &/~.,l i I U I l I(~S 0 ~4L'rr~ i I I,.,~ U l I U S I Jd~~ OJ J4*&il ~,J %.~ 11J &J.%J.'l.~ IV '~a~,..~ l I 1 ~.r I 1 l ,I tV & 11%.' t ~.~.][ ~,~ I I ~,.~ 11 J %,*'1 l t 0 0 LJIh~ c) If the .... 0fsuch .N..~,: .......... : ..... :.k; ..... 12 ....... h F,,.~,,v,., ,~,TIG,.,,,, 0 LI I ,.,,.,,,,.~., ,~o ,,.,,..,,,.,., ,,_, ,,, ,.,,.,.,,,.,,, ~.~! ,o ,,,,.~,,~ ,,,,~ .... ~ ........., ;,~o/_~ k.., u~., fi~y _ p!v F ....... ~ .... , ............Lsical value · .~v.i ......... be made to ............ the ~-'; ................ v ......... J ...................rr,~,~ tO..,,., thc ........................ re .................................. 13 +k. I~+~ll~+;~ ~.C C~.;~I.I.~. C.,~+~.-.-,o'~ ..... ~,,, ..... ;+1.. ~T~D A ] l, 7 ORD. NO. 20-98 Section 3. That Chapter 96, "Fire Safety and Emergency Services", Section 96.46, "Aboveground Installations", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 96.46 ABOVEGROUND INSTALLATIONS. All aboveground tank installations shall be of a capacity of 300 gallons or less and shall be in the form of skid tanks. Tanks exceeding 300 gallons capacity shall be installed underground. Aboveground storage tanks in excess of 300 gallons capacity now in use shall not be replaced with aboveground tanks but only with underground tanks. However, a tank exceeding 300 gallons in capacity, may be placed aboveground if it is encased in a minimum two hour vault and adequately screened from view. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That ail ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective ten (10) days from its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 2ncl day of ~une , 1998. ATTEST: City (~lerk - --/ ' - -! First Reading blay 19, 1998 Second Reading O'une 2, 1998 8 ORD. NO. 20-98 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY IVlJ~AGER~/~ SUBJECT: AGENDA ITEM ~ /~- REGULAR MEETING OF JUNE 2, 1998 ORDINANCE NO. 21-98 (WATER AND SEWER CHARGES FOR 8" AND 10" WATER METER SERVICE) DATE: MAY 28, 1998 This is second reading and a public hearing for Ordinance No. 21-98 which amends Chapter 52, "Water", and Chapter 53, "Sanitary Sewers" of the City Code to include water and sewer charges for 8" and ~0" water meter non-residential service. As explained in the attached memorandum, the Code is currently silent as to fees for these size meters. At first reading on May 19, 1998, the Commission passed the ordinance by a 4 to 0 vote. Recommend approval of Ordinance No. 21-98 on second and final reading. ref:agmemo9 IV[BMORAI',E)UlVI TO: David Tolces, Assistant City Attorney FROM: Richard C. Hasko, P.E., Director of Environmental Services SUBJECT: PROPOSED ORDINANCB REVISION CHAPTER 52. WATER: CHAPTER 53. SEWER DATE: May 6, 1998 As you are aware, we have a current wholesale water agreement with the Town of Highland Beach which allows us to invoice metered water mounts at the City's non-residential rate for outside of city customers. This rate includes a capacity charge which is based on meter size for installations having meters between 3/4" and 6" in size. In addition, we are in the process of revising our wholesale water agreement with the Town of Gulfstream so as to invoice their metered usage using the same method as the Highland Beach connact. Since both Highland Beach and Gulfstream have 8" meters, it is necessary to amend our ordinances to address capacity charges for meters larger than 6". I am attaching marked-up copies of the appropriate sections of Chapters 52 and 53 showing the in-city and outside-city values for 8" and 10" meters. These values are determined from AWWA tables as was done in the 1991 Ernst and Young Rate Study. Sections of the ordinances affected are Section 52.31 (A)(2), 52.34 (B), 53.13 (D)(2)(b). I would appreciate you handling the ordinance revision through Commission approval and adoption. Should you require additional information, please contact me at extension 7336. RCH:cl cc: David Harden Susan Ruby Joseph Safford ORDINANCE NO. 21- 9 8 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 52.31, "CONNECTION CHARGES", SECTION 52.34(B), "MONTHLY RATES", AND SUBSECTION 53.130(D)(2), '~NONRESIDENTIAL COMMERCIAL UNITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR INCLUSION OF WATER AND SERVER CHARGES FOR EIGHT INCH AND TEN INCH WATER AND SEWER LINE SERVICE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach entered into agreements with the Town of Highland Beach and the Town of Gulfstream to provide for water service; and WHEREAS, the water service is provided to Highland Beach and Gulfstream through six- inch and eight-inch meters; and WHEREAS, the City desires to amend its ordinance to provide for charges for water and sewer service through eight-inch and ten-inch meters. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION FOR THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~. That Title V, "Public Works", Chapter 52, "Water", Section 52.31, "Connection Charges" of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: Section 52.31 CONNECTION CHARGES. (A) Required. In addition to the meter installation charge, there shall be connection charges as follows: (1) There shall be a water connection charge of $788 per connection of each residential unit. One residential unit connection is herein defined to be any family living unit, and, where two or more families are living on the same premises, each shall be considered as a separate residential dwelling unit. In apartment buildings, eondominlums, cooperatives, duplexes, resort dwelling units, and the like, and per each trailer space in a trailer park, each living unit shall be considered as one residemial unit connection. (2) There shall be a nonresidential and irrigation water connection charge which shall be based on $788 per Equivalent Residential Connection (E.R.C.). The following water connection charges are hereby established for nonresidential and irrigation service: Meter Size Connection _finches) E.R.C. .G21arg~ 3/4 1.00 $ 788.00 1 1.67 1,315.96 1-1/2 3.33 2,624.04 2 5.33 4,200.04 3 11.67 9,195.96 4 21.00 16,548.00 6 46.67 36,775.96 8 80.00 63.040.00 10 126.67 99,~15.96 Section 2. That Title V, "Public Works", Chapter 52, "Water", Section 52.34, "Water Rates", Subsection 52.34(B), "Monthly Rates", be, and the same is hereby amended to read as follows: Nonresidential and Irrigation Inside City Outside City Customer charge (per meter) $ 1.61 $ 2.01 Capacity charge (based upon meter size): 3/4 inch meter 7.93 9.91 1 inch meter 13.24 16.55 1-1/2-inch meter 26.41 33.01 2-inch meter 42.27 52.84 3-inch meter 92.54 115.68 4-inch meter 166.54 208.18 6-inch meter 370.10 462.63 8-inch meter 634.40 793.00 1 O-inch meter 1.004.49 1.255.62 2 ORD NO. 21-98 Commodity charge (all metered consumption per 1,000 gallons) 1.20 1.50 ~. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", Subsection 53.130(D)(2), "Nonresidential/Commercial Units", be, and the same is hereby amended to read as follows: Nonresidential/Commercial Inside City Outside City (a) Customer charge: $ 1.61 $ 2.01 (b) Capacity charge (per meter): 3/4=inch meter $ 9.65 $ 12.06 1-inch meter 16.11 20.14 l=l/2 inch meter 32.11 40.14 2-inch meter 51.40 64.25 3 =inch meter 112.52 140.65 4-inch meter 202.47 253.09 6-inch meter 449.98 562.48 g-inch meter 772.00 965.00 10-inch meter 1.222.37 1.527,96 ~. 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. ~. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~ That this ordinance shall become effective immediately upon its passage on second and final reading. 3 ORD NO. 21-98 PASSED AND ADOPTED in regular session on second and final reading on this the 2nd day of June ,1998. .~~ ATTEST: ci~Clerk - ' fi' / First Reading May 19, 19 9 8 Second Reading June 2, 19 9 8 wat~w.ord 4 ORD NO. 21-98 TO: DAVI[~/~.' HARDE~N, CITY MANAGER THRU: PAUL DORLING, PRIN~.~AL PLANNER FROM: JEFFREY A. COSTELLO, SENIOR PLANNER~ SUBdECT: MEETING OF JUNE 2, 1998 ANNEXATION, SMALL-SCALE[ FUTURE LAND USE MAP AMENDMENT FROM COUNTY HR-$ (HIGH OENSITY RESIDENTIAL - 80U/AC) TO CITY MEDIUM DENSITY RESIDENTIAL 5-12 UNITS PER ACRE, AND INITIAL ZONING OF AM-8 (MEDIUM DENSITY RESIDENTIAL - 8 UNITS PER ACRE) FOR A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL. APPROXIMATELY 700 FEET SOUTH OF ATLANTIC AVENUE (CARUSILLO AND EVANS NORTH PROPERTY). The subject property is a 4.19 acre vacant parcel currently located in unincorporated Palm Beach County having a County Future Land Use Map designation of HR-8 (High Density Residential - 8 units per acre) and County zoning of AR (Agricultural Residential). The property is located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The property is vacant with the exception of two billboards located at the northeast and southeast corners of the parcel. The proposal is to annex the property into the City, change the Future Land Use Map designation to City MD (Medium Density Residential 5-12 du/ac), and apply an initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac). The proposed use of the property is that of an assisted living facility. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of May 18, 1997, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was no public testimony regarding the request. After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Young absent) to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from County HR-8 to City MD (Medium Density Residential 5-12 dulac), and the application of an initial zoning designation of RM-8 (Medium Density Residential - 8 units per acre), based upon the findings and recommendation by the Planning and Zoning Board, and setting a public hearing date of June 16, 1998. Attachments: P & Z Staff Report and Documentation of May 18, 1998 & Ordinance by Others ORDINANCE NO. 22-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 700 FEET SOUTH OF ATLANTIC AVENUE, BEING COMMONLY KNOWN AS THE CARUSILLO AND EVANS NORTH PROPERTY, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Louis J. Carusillo and Harold R. Evans, as Trustees, are the fee-simple owners of a 4.19 acre parcel of land located on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue; and WHEREAS, Michael Covelli, Caulfield & Wheeler, Inc., as duly authorized agent for the fee-simple owners hereinabove named, has requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of HR-8 (High Density Residential - 8 dwelling units/acre); and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is Medium Density Residential 5-12 dwelling units/acre; and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of May 18, 1998, and voted 6 to 0 to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density Residential - 8 dwelling units/acre), based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The East Half (E-l/2) of the Southeast Quarter (SE-l/4) of the Southeast Quarter (SE-l/4) of the Southeast Quarter (SE-l/4) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, less that part which lies within sixty (60) feet of the baseline survey of Military Trail (State Road 809) as recorded in Road Plat Book 2 at Page 225 of the Public Records of Palm Beach County, Florida. The subject property is located on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue; containing 4.19 acres, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, .immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, - 2 - Ord. No. 22-98 including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as Medium Density Residential 5-12 dwelling units/acre. Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1) (c) (4). Section 7. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-8 (Medium Density Residential - 8 dwelling units/acre) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of the land use plan amendment and zoning shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective - 3 ~ Ord. No. 22-98 status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 4 - Ord. No. 22-98 ~ ......... ~,~V , i)(iT~. mi, K- MAR T OC SOUA RE ~- PLAZA MARKETPLACE c~ ~ ~ GR~A T PIRS T ~ ~S~RN UNION ATLANTIc ~ AVENUE · POIN~  ~ST BABIES ' ~ ' US PLAZA SCOT~ PLeA ~0~ LINCOLN ROAD ROAD W~SH~NGTON ROAD N ~ - ANNEXATION - cr~r^~e^cn,., (CARUSIL. LO & EVANS PROPERTY. NORTH PARCEl..) PLAN~I~; & ZONING DEPARTMENT --- O/~7'~A~ ~4.~r MA~ ,S"~7'E'N' --- MAP REF: LM241 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: May 18, 1998 AGENDA ITEM: IV.D. ITEM' Future Land Use Map Amendment from County HR-8 (High Density Residential- 8 units/acre) to City MD (Medium Density Residential 5-12 units/acre), and Associated Annexation with Initial Zoning of RM-8 (Medium Density Residential - 8 units/acre) for the Carusiilo/Evans North Parcel, Located on the West Side of Military Trail, Approximately 700 Feet South of West Atlantic Avenue. [ ............. ,~.r.~ I Louis Carusillo & Harold Evans Owner/Applicant Agent .......................................... Michael CovelliI Caulfleld & Wheeler, Inc. Location ...................................... West side of Military Trail, ~'~' ~---L'%/ approximately 700 ft. south of West Atlantic Avenue. Property Size .............................. 4.19 Acres Existing County Future Land Use --~_-~-~ ~L__~ Map Designation ........................ HR-8 (High Density Residential- 8 units/acre) Proposed City Future Land Use Map Designation .........................5-12MD (MediUmunits/acre)Density Residential ""!~~t~:, ~-'1-' ! ~i: I'~- ii i i'rr~ Existing County Zoning ............... AR (Agricultural Residential) '~:~ Proposed City Zoning ................. RM-8 (Medium Density Residential - 8 units/acre) Adjacent Zoning ................ North: City PC (Planned Commercial) East: County RS (Single Family Residential) and City GC (General Commercial) I ~ I.~l I~i I ! 1. South: City RM-S West: County AR iCi.R~lu~ii'l{~lll IqTiT-['~.~=.~-.~ Existing Land Use ...................... Vacant land with a billboard at I the northeast and southeast comer of the property. Proposed Land Use .................... Annexation with initial zoning of !11tli ~! ~.i !q I,~t I i I ~ ~/--¢."~ RM-8 to obtain City services for the construction of an assisted i II !-I I i"Ti I !'~' I I ~ ~ /~~ living facility. Water Service ............................. Available via connection to an existing 12" water main along the ~.l!l, ~_, .IAi~' ~, ...tttli; I =. i L-//"7 L'xx'~ ~"' ..4' k/": east side of Military Trail and an 8" main at the southeast corner l! t ii I I I, i; t! Ii !ii ~ .o! ,~__.~F ~ ' of the shopping center to the north. :llll!l i!lililliili Sewer Service ............................. Available via installation of a lift~ r'-~/~-.. ~"--'h station and connection to a 4"~~ ~o~so. ,O~.~v^.D force main along the west side of Military Trail. The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida Statute 171.044), and a Small-Scale Future Land Use Map amendment from County HR-8 (High Density Residential - 8 units per acre) to City MD (Medium Density Residential 5-12 du/ac) with initial zoning of RM-8 (Medium Density Residential - 8 du/ac). LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. The subject property is located on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue. The subject property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zone designation. The property is also located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The property is vacant with the exception of two billboards located at the northeast and southeast comers of the parcel. No land use history is available on this property. It is noted that the 4.18 acre parcel to the south is under the same ownership and was annexed into the City on September 17, 1996 with the Medium Density Residential 5-12 du/ac FLUM designation and RM-8 zoning district. At that time the development proposal was to accommodate a multiple family development which would be combined with property now under consideration. Requests for Annexation, Future Land Use Map amendment and Initial Zoning have been submitted to accommodate the RM-8 (Medium Density Residential - 8 du/ac) zoning designation for the subject property, and are now before the Board for action. The subject property is a 4.19 acre vacant parcel having a County Future Land Use Map designation of HR-8 (High Density Residential - 8 units per acre) and County zoning of AR (Agricultural Residential). The proposal is to annex the property into the City, change the Future Land Use Map designation to City MD (Medium Density Residential 5-12 du/ac), and apply an initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac). The proposed use of the property is that of an assisted living facility. Current Land Use Designations: The current County land use map designation for the property is County HR-8 (High Density Residential - 8 du/ac). The current City "advisory" designation for this property is TRN (Transitional). Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 2 Reu. uested Land Use Designation: The requested Future Land Use Map change is to City MD (Medium Density Residential 5-12 du/ac). Florida Statutes 163.3187 - Small Scale Land Use Map Amendments; This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; and, The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months. The Future Land Use Map amendment involves a 4.19 acre area, thus the total area is less than the 10 acre maximum. The proposed amendment to Medium Density Residential 5-12 du/ac (MD) is being processed concurrently with a request for annexation and initial zoning of RM-8 (Medium Density Residential - 8 du/ac) to accommodate an assisted living facility, which is allowed as a conditional use in the RM-8 zoning district. The MD land use designation allows consistent zoning districts which include single family, and Iow and medium density multiple family development. The property is not located within a designated redevelopment or traffic concurrency exception area. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 acres. This property has not previously been considered for a land use amendment nor has the same property owner's properties been granted a land use change within 200 feet, within the last year. The same property owner was granted a FLUM amendment for the parcel to the south in September, 1996. Land Use Arlalysi~; Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The accompanying annexation and initial zoning application is seeking a RM-8 (Medium Density Residential - 8 du/ac) zoning district. The proposed use (assisted living facility) is allowed as a conditional use within the RM-8 zoning district. The Medium Density Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 3 Residential 5-12 du/ac land use designation is consistent with the proposed RM-8 zoning designation. Consistency between the City_ and County_ Land Use Designations: The proposed City Future Land Use Map designation for the property is MD (Medium Density Residential 5-12 du/ac). The existing County Future Land Use Map designation for the property is HR-8 (High Density Residential - 8 units per acre). The City's MD land use designation is consistent with the County's HR-8 designation in that Medium Density Residential zoning is allowed. The current "advisory" Transitional designation allows multiple family development as well as office and limited commercial development. The City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed. Adjacent I. end Use MaD Designations, Zoning Designations & Land Uses: North: North of the subject property, has a City land use designation of GC (General Commercial) and is zoned PC (Planned Commercial). The property is developed and contains a shopping center (Babies "R" Us Plaza). South: To the south, across the L-34 Canal, has a City land use designation of MD (Medium Density Residential 5-12 du/ac) and is zoned RM-8 (Medium Density Residential - 8 du/ac). The property is currently vacant and contains a billboard. The property is under the same ownership as the subject property and was annexed in 1996 with the MD land use designation and RM-8 zoning. West: The abutting properties to the west have a Palm Beach County land use designation of HR-8 (with an advisory City land use designation of Transitional) and are zoned AR (Agricultural Residential). The existing land uses are single family residences. East: East of the property, across Military Trail, has a Palm Beach County land use designation of MR-5 (Medium Density Residential - 5 du/ac) (with an advisory City designation of Low Density Residential - 0-5 du/ac), and a parcel with the City General Commercial FLUM designation. The properties are zoned County RS (Single Family Residential), and City GC (General Commercial). The existing land uses are a single family subdivision known as Country Club Acres, and a veterinary clinic (Animal Hospital). Allowable Land Uses; Under the proposed Medium Density Residential 5-12 du/ac designation, residential zoning districts which accommodate single family and multiple family units (R-1-A thru R-l-AAA, RL, PRD, and RM) are allowed. The applicant has requested an initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac). This zoning designation is consistent with the proposed land use designation. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 4 REQUIRED FINDINGS: Future Land U~e Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM.designations of Conservation or Recreation and Opens Space. The proposal involves annexation of property which requires changing the FLUM designation from County to City. The current County FLUM designation is HR-8 and the current "advisory" designation is Transitional, which allows residential (single and multiple family, offices, and limited retail). The proposed City FLUM designation of MD is consistent with the current County HR-8 FLUM designation, and does not allow offices or limited retail uses. While the proposed FLUM and zoning designations are consistent with the goals, objectives and policies of the Comprehensive Plan, the proposed use of the property (assisted living facility) is inconsistent with the following: Housing Element Polic_v B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shah be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The subject property (4.19 acres) will be combined with the 4.18 acre parcel to the south to accommodate an 8.37 acre development that is restricted by its nature to adult residents. However, given the property's extensive frontage along Military Trail, and its relatively shallow depth, it is not a prime location for a single family subdivision. LDR Section 3.1.1(C)(Consistency) states that a finding of overall consistency can be made even though the action will be in conflict with some performance standards within Article 3.3 of the Land Development Regulations, provided the approving body specifically finds that the beneficial aspects of the proposed project outweighs the negative impacts of the identified points of conflict. In order to establish the use of an assisted living facility, Conditional Use approval is required. With the submittal of a specific development proposal these objectives and policies will again be reviewed. Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 5 As stated above, the proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan, except Housing Element Policy B-2.2, which is discussed above. The following are the other applicable goals, objectives and policies. Future Land Use Element Ob_iective A-l: Property shaft be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. The property can be developed in a manner that will be complementary to the adjacent residential area. Under the MD FLUM designation, development of this property can fulfill the need for moderate and middle income housing. With review of a specific development proposal this policy will be revisited. Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. As discussed later in this report, the property can be developed at the highest intensity allowed under the MD land use designation and meet adopted concurrency standards. The proposal is to annex the property with an initial zoning designation of RM-8, which will be limited to a maximum of 8 units per acre, to accommodate an assisted living facility, as a conditional use. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area, As described in the Future Land Use Element of the Comprehensive Plan, the proposed Medium Density Residential 5-12 alu/ac land use designation is applied to land which is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Homeownership is characteristic of this designation. Where Medium Density Residential exists, uses other than those which are residential in character shall not be considered. Compatibility with the abutting residential properties is not a major concern, however, there are sufficient regulations in place which will mitigate any potential adverse impacts. With respect to the residences to the west and Country Club Acres development on the east side of Military Trail, there are sufficient regulations in place to mitigate any potential adverse impacts. With development of the site as an assisted living facility, trees must be installed every 25' along the west property line, abutting the single family residences. The City's regulations require any development of the subject property to provide a 30' landscape buffer along the east side of the property adjacent to Military Trail. Under the County designation of 8 units per acre, the resulting development would likely be multi-family residential. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 6 Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a site plan approval request. There should be no problems complying with the Land Development Regulations. Florida Statutes Governing Voluntary_ Annexations: Pursuant to Florida Statute 171.044 "the owner or'owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.S. 171.031(13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or, (2) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. The property is contiguous with the City and is reasonably compact. With regard to creation of an enclave, in order to access the property one must first travel through the City. This is also true for the properties under County jurisdiction on the east side of Military Trail across from the subject property. As a result, the properties on the east side of Military Trail already constitutes an enclave. Thus, the proposal will not create an additional enclave. Land Develo.oment Regulations Governing Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C)(1)"the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within designated annexation area "D" on the west side of Military Trail south of Atlantic Avenue. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 7 CONCURRENCY: Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Shedff patrol zone 7. Zone 7 is bordered by Jog Road on the west, the Delray Beach City Limits on the east, Atlantic Avenue on the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north and south of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 5.5 minutes of the County's Fire Department (Fire Station #~2/Hagen Ranch Road near the Turnpike) to approximately 2.5 minutes for the City's Fire Department (Fire Station ~ at Barwick and Lake Ida Roads). Water: Municipal water service is available via connection to an existing 12" water main located along the east side of Military Trail, and an existing 8" main at the southeast corner of the abutting shopping center (to the north). With future development of this property, main extensions (minimum 8") to the west and south property lines will also be required in order to provide continuation of service and future connections to the existing residences. Along the new mains, fire hydrants must be installed with a maximum spacing of 300 feet for the proposed assisted living facility. If 3-story multi-family structures are constructed, a fire hydrant spacing of 300 feet will be required, and 400 feet for multi-family structures up to 2- stories. Also, looping of the main internal to the site for system integrity will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Sewer: Sewer service is available adjacent to the site via an existing 4" force main along the west side of Military Trail. With future development, the installation of a lift station and sewer main extensions to the west and south property lines will be required. The lift station must be designed to accommodate the proposed development as well as the existing residences to the west and the Country Club Acres subdivision which are currently served by Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 8 septic systems. The City will participate in the increased cost associated with sizing the lift station to accommodate future flows. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: This property has direct access to Military Trail, which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. A traffic study was submitted based upon the maximum number of residential units allowed under the proposed RM-8 zoning, which would be 33 units generating 231 average daily trips. At 12 units per acre, a maximum of 50 multiple family dwelling units could be provided which would generate a total of 350 average daily trips. The proposed assisted living facility would generate a total of 436 average daily trips. Military Trail is currently being widened from 4 lanes to 6 lanes. Upon completion, Military Trail will be operating at LOS "D", which can accommodate the vehicular trips generated by the proposed development. In a related item, an access easement will be required with development of the property in order to allow access to Military Trail by residents of the neighborhood to the west. This issue is discussed in a later section of this report (Other Items - Access Easement). Parks and Open Space: The annexation of the property to accommodate an assisted living facility will not create an additional impact on park and recreational facilities. The proposed RM-8 zoning district will allow a maximum of 33 dwelling units. The stated intended use of the property is as an assisted living facility, which typically do not impact the park system. However, even if the property is developed to accommodate permanent residential units, these units would not have a significant impact with respect to level of service standards for parks and recreation facilities. The impacts of the potential residents have already been factored into the park demands calculated on build-out projections. Further, the City currently provides approximately 8 acres per 1,000 residents of recreation space which far exceeds the desired standard of 3 acres per 1,000 residents established in the Comprehensive Plan. If the parcel is ultimately developed as homes or apartments, a parks and recreation impact fee of $500 per unit will be assessed at the time of building permit. Solid Waste: As there is no change in actual land use at this time, there will be no impact on solid waste disposal. The service provider will change, as described later in this report. Financial Impacts: Effect Upon Annexed Property.: For the 1998 tax year the subject property had an assessed value of $153,300. With the change from County to City jurisdiction, the following taxes and rates will be affected: Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 9 Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU 2.5764 Deleted (County) Library .4997 Deleted (County) City Of Delray Beach 6.9500 Added (City) City of Delray Beach Debt .8500 Added (City) 4.7239 Difference* * Total tax millage in the County is 19.8597 mills while in the City the total millage rate is 24.5836 mills. The current yearly ad valorem taxes are $ 3,044.49. With annexation the yearly ad valorem taxes will be $ 3,768.67; a tax difference of $ 724.18. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. If the property is developed as a multiple family complex or is subdivided for residential purposes, an assessment of $54.00 per unit would be applied. For non-residential units the fee is calculated using the following formula (# sq.ft, of impervious area/2,502) X $54. A 25% discount from the assessment is available as the site is within the Lake Worth Drainage District and an additional 25% discount may be available if drainage is retained on site. As the property is currently vacant, this assessment is not immediately imposed. With future development, the storm water utility tax will be assessed. Solid Waste Authority - The Military Trail annexation areas are serviced by Sunburst (pursuant to new contract awarded on May 13, 1998), and the City's contract is currently through BFi (Browning-Ferris Industries). Pursuant to Florida Statute 171.062 (4)(a)"if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchisee may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". As the annexation was initiated prior to the change to Sunburst, the waste service provider will change with annexation to BFI. Occupational License Fees - The proposed assisted living facility will require an occupational license. This license will be in addition to the current County license fee required for an assisted living facility of approximately $30 per year. The City license fee for the facility is $125. If the property is developed for owner-occupied residential purposes, an occupational license will not be required. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 10 Resulting Impacts to Property Owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES +$ 724.18 (Change from 97198 County of 19.8597 to City 97/98 rate 24.5836 hills.(4.7239) NON AD VALOREM Stormwater Assessment $ .00 Solid Waste Collection $ .00 WATER & SEWER UTILITY FEES $ .00 OCCUPATIONAL LICENSE FEES $ .00 ANNUAL FINANCIAL IMPACT: +$ 724,18 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 5.5 minutes (County) to 2.5 minutes (City) EMS + Faster response time from (estimated time) 5.5 minutes (County) to 2.5 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pm-active vs reactive opportunity to work with property owners Fiscal Im.Dacts to the City_; At the 1997/98 City operating millage rate of 6.95 mills and debt rate of 0.85 mills, the property will generate approximately $1,195.74 in new ad valorem taxes per year. With future development, additional revenues will be realized through increased assessment value, building permit fees, the annual collection of the stormwater Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 11 assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. The proposed City zoning designation is RM-8 (Medium Density Residential - 8 du/ac) while the current County zoning designation is AR (Agricultural Residential). The surrounding zoning designations are: County AR to the west; County RS (Single Family Residential) to the east; City PC (Planned Commercial to the north; and, City RM-8 to the south. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.t (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed RM-8 zoning designation is consistent with the proposed Medium Density Residential 5-12 du/ac land use designation. The proposed assisted living facility is allowed as a conditional use within the RM-8 zone district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY'; Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of existing vacant land. There will be no changes in the manner that water, sewer, drainage, streets/traffic and solid waste services will be provided. Fire, EMS and Police will shift to a different provider; however, all of these services will be equal to or better than existing services (see annexation analysis for details). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The subject property is currently vacant with billboards situated at the northeast and southeast corners of the property. When a sign is annexed which does not comply with the provisions of Section 4.6.7 (Signs), the sign must be removed upon annexation. Staff will work with the property owner in order to obtain compliance. Any future development will be required to comply with all Land Development Regulations. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 12 CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 {Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D)(5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency, Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment analysis section of this report. Section 3.3.2 {.Standards for Rezoning Actions): standard B and C is not applicable with respect to this rezoning request. The applicable performance standards of Section 3.3.2 are as follows: A) That a rezoning to other than CF within stable residential areas shall be denied. The subject property and the residential properties to the west are not designated on the Neighborhood Categorization Map. However, the properties to the east and southwest (County Club Acres) are noted as Stabilization. The rezoning is required in conjunction with the annexation request. The proposed RM-8 zoning designation will be consistent with the proposed MD Future Land Use Map designation. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial RM-8 zoning designation will accommodate the proposed assisted living facility as a conditional use. Compatibility with the adjacent residential development will relate to the ultimate density of future development. The development potential of the property under the County's HR-8 land use designation is 33 units, which is equivalent to the maximum allowed under the proposed RM-8 zoning district. The City's RM zoning district has a range of 6-12 units per acre, with the maximum density determined at the time of site plan approval, based upon compatibility with surrounding properties, or application of a density suffix through the rezoning process. With the property's extensive frontage along Military Trail, limited depth, and the current County HR-8 FLUM designation, it is appropriate to apply the density suffix of 8 units per acre. The RM zoning district requires a minimum 15' (side interior) and 25' front and rear building setback. Further, if the property is developed as an assisted living facility, trees must be planted every 25' within the landscape strips abutting the single family residences. Compatibility of a specific development proposal with the adjacent Planning and Zoning Board Staff report Carusillo and Evans North Property ~ Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 13 developments will be appropriately addressed with the review of a site and development plan request. Section 2.4.5(D)(5) {Rezoning Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more a_opro_~riate for the property based upon circumstances particular to the site and/or neighborhood. The applicant is applying for annexation of this property into the City and the annexation requires that an appropriate zoning designation also be applied. The RM-8 is being sought as it is consistent with the existing County HR-8 and the proposed City Medium Density Residential 5-12 du/ac land use designations. Also, the FLUM and zoning designations are consistent with those granted with the Annexation of the property to the south in 1996. Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The requested zoning is of similar intensity as that allowed under the proposed City MD land use designation. The RM-8 zoning is more appropriate for the property than the current County zoning designation of AR (Agricultural Residential) given the property's location and its extensive frontage along Military Trail. Access Easement The subject property abuts a residential area to the west consisting of 10 lots, which are located south of the Points West Plaza shopping center. The single family homes obtain access by traveling through the parking lot of the shopping center, which fronts on Atlantic Avenue. As a result of this development pattern, it is very difficult for emergency services to access the area in a timely manner. Thus, unacceptable response times have resulted. With development of the Carussillo-Evans property, an easement will be required along the north portion of the property to allow direct access from Military Trail to the subdivision. The applicant has agreed to provide this easement, which is to be at least 20' wide. It may also serve as an access drive for the proposed assisted living facility. Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 14 The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Lake Worth Drainaae District: Lake Worth Drainage District reviewed the annexation request and indicated that a dedication of 20' will be necessary along south property line of the subject property for the L- 34 Canal. Palm Beach County Notice: On April 17, 1998 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. IPARC N¢fice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notk;=e; Courtesy notices were sent to the following homeowner's and civic associations: r-t Country Club Acres [3 Greensward Village Condominium Association (within The Hamlet development) [3 Hamlet Residents Association [3 Highpoint [3 PROD (Progressive Residents of Delray) [3 Sherwood Forest Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. The requested Medium Density Residential 5-12 du/ac Future Land Use Map designation is less intense than development Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 15 that is allowed under the current City advisory designation of Transitional. The application of an initial zoning designation of RM-8 is consistent with the proposed FLUM designation, and with the previous action that was taken for the property to the south. While the FLUM and Zoning designations will be consistent with the City's Comprehensive Plan, the proposed use, assisted living facility, is inconsistent with Housing Element Policy B-2.2 and its supporting policies. However, a finding of overall consistency can be made provided the approving body specifically finds that the beneficial aspects of the proposed project outweighs the negative impacts of the identified points of conflict. The annexation Will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes. Upon development of the property for residential purposes, stormwater assessment fees will be imposed. The City will receive additional revenue from property taxes, in addition to stormwater assessment fees, utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue increase is approximately $1,195.74 a year. With development of the property, infrastructure improvements which include water and sewer main extensions to the west side of Military Trail, and the installation of a lift station will offset the costs of providing these services to the residents to the west and Country Club Acres in the future. If the annexation is approved, it is anticipated that a site and development plan submittal will follow. Compatibility of a specific development proposal with the adjacent developments will be addressed with the review of a site and development plan request. Concurrency concerns with respect to traffic will dictate the development time frame. A. Continue with direction. B. Recommend approval of the Annexation, Small-Scale Future Land Use Map amendment from County HR-8 to City Medium Density Residential 5-12 du/ac and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.3.2, and 2.4.5(D)(5), and the following: 1. That the property is contiguous, reasonably compact and does not create an enclave; and, 2.' That services will be provided to the property in a manner similar to other similar properties within the City. C. Recommend denial of the Annexation, Small-Scale Future Land Use Map amendment from County HR-8 to City Medium Density Residential 5-12 du/ac and initial zoning Planning and Zoning Board Staff report Carusillo and Evans North Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 16 designation of RM-8 (Medium Density Residential - 8 du/ac), based upon a failure to make positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), that the proposed use is inconsistent with Housing Element Policy B-2.2. Recommend approval of this Annexation, Small-Scale Future Land Use Map amendment from County HR-8 to City Medium Density Residential 5-12 du/ac and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.3.2, and 2.4.5(D)(5), and the following: 1. That the property is contiguous, reasonably compact and does not create an enclave; and, 2. That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: r3 Location Map [3 Survey This Report prepared by: Jeff Costello. Senior Planner TO: DAVID T. HARDEN ClTY~I~.NAGER FROM: PAU~L~DORL~IPAL PLANNER DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 2, 1998 APPROVAL OF AN AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 5.3.1(D), RIGHT-OF-WAY DIMENSIONS i Pursuant to LDR Section 5.3.1(D)(4), the required right-of-way for local residential streets, whether public or private, is 60' for a street without curb and gutter (swale section), and 50' for a street with curb and gutter. Reductions in the required right-of-way width are allowed by the Land Development Regulations (LDR), where facilities can be accommodated in a smaller right-of-way in a manner that will not endanger public safety. Each of these reductions in width requires a Board action and the payment of a fee by the applicant. Reductions in the required right-of-way are commonly granted, such that the normal width for a street with swale section is 50'. For infill type projects, those on mostly built-out streets, and projects in areas where the street pattern is established with 50' rights-of-way, additional right-of-way is required as needed to achieve a 50' width. Additional right- of-way width may also be required, for safety reasons, by the City Engineer. As the decision whether the required right-of-way should be reduced is a technical one, it is appropriate that the decision be under the administrative authority of the City Engineer. Therefore, the proposed amendment changes the granting of a reduction from one needing Board approval to an administrative process under the control of the City Engineer. The amendment further strengthens the option to require additional right-of-way to assure provision of sufficient right-of- way in areas with poor drainage that may require additional swale capacity, or in areas where street trees are likely to be placed in the right-of-way. In addition, corrections are proposed which update the LDR's cross references to the Comprehensive Plan. The Planning and Zoning Board considered the text amendment at a public hearing on May 18, 1998. No one from the public spoke on this item and the Planning and Zoning Board unanimously recommended approval on a 6-0 vote (Young absent). By motion, approve the attached amendment to LDR Section 5.3.1(D) [Right-of-Way Dimensions] based on positive findings with respect to LDR Section 2.4.5(M)(5). Attachments: · P&Z Staff Report FAILED ON FIRST READING - JUNE 2, 1998 ORDINANCE NO. 23-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 5.3.1, "STREETS (RIGHTS-OF-WAY)", SUBSECTION 5.3.1(D), "RIGHT-OF-WAY DIMENSIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE THAT REQUESTS FOR A REDUCTION OF RIGHT-OF-WAY WIDTH REQUIRED FOR STREETS SHALL BE UNDER THE ADMINISTRATIVE AUTHORITY OF THE CITY ENGINEER; 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 MaY 18, 1998, and forwarded the change with a unanimous 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 Five, "Subdivision Regulations", Article 5.3, "Dedication and Impact Requirements", Section 5.3.1, "Streets (Rights-of-Way)", Subsection 5.3.1(D), "Right-of-Way Dimensions", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Right-of-Way Dimensions: (1) Right-of-way shall be provided for Principal Arterials and Minor Arterials as shown for ultimate right-of-way width in Table ~ ~1 of the ~f~ Transportation Element of the Comprehensive Plan. (2) The following right-of-way width is required for the category of other streets as identified, except as otherwise provided in the Table ~ T-1 of the ~f~ TransDortation Element: STREET TYPE WIDTH IN FEET County Collector 80 City Collector 80 FAILED ON FIRST READING - JUNE 2, 1998 Local Commercial / Industrial Street 60 Local Residential Street - Without Curb & Gutter 60 - With Curb & Gutter 50 Alleys 20, or existing dominant width (3) Additional Width: Additional right-of-way width may be required to promote public safety and welfare; to provide for stormwater manaqement; to provide adequate area for street trees; and to assure adequate access, circulation and parking in high intensity use areas. Such a determination shall be advanced by a recommendation from the City Engineer and may be based upon the results of a traffic study or general knowledge of the City. The authority for requiring such additional right-of-way shall rest with the body having the approval authority of the associated development application. (4) Reduction in Width: A reduction in the required right-of-way width established in Subsection (D) (2), above, may be granted by the City Enqineer ~/~~/~/~~/~~/~ ~/~~/~%~~/~%~~ pursuant to the following: made to accommodate features which would otherwise be accommodated within the right-of-way (e.g. alternative drainage systems, alternative pedestrian walkways, alternative on-street parking, etc.). Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. - 2 - Ord. No. 23-98 FAILED ON FIRST READING - JUNE 2, 1998 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 - 3 - Ord. No. 23-98 FAILED ON FIRST READING - JUNE 2, 1998 MEETING OF: May 18, 1998 AGENDA ITEM: IV. E. AMENDMENT~ TO LAND DEVELOPMENT REGULATIONS SECTION 5.3.1(D), RIGHT-OF-WAY DIMENSIONS The item before the Board is that of making a recommendation to the City Commission regarding a change in the administration of requests for reduction of the right-of-way width required for streets. Pursuant to LDR Section 5.3.1(D)(4), the required right-of-way for local residential streets, whether public or private, is 60' for a street without curb and gutter (swale section), and 50' for a street with curb and gutter. Reductions in the required width may be granted by the Board having approval authority. Existing local street rights-of-way in the City commonly range between 40' and 60'. The majority of streets in new subdivisions, and in most existing neighborhoods, have swales for drainage. Curb and gutter sections are mostly confined to the downtown area. In the older parts of the City, east of 1-95, local street rights-of-way are usually 50', although a significant number of streets are 40' wide or less. Exceptions exist in Tropic Palms, and in the northern portion of the Lake Ida neighborhood, where streets are 60'. Other 60' rights-of-way appear to have been intended to be main streets within a development, such as Venetian Drive, and SE 9th Street west of Federal Highway. West of 1-95, right-of-way widths are more variable, although 50' is the most common width. Right-of-way widths in this area of newer development reflect road function within the development and, to some extent, the time period of development. DeI-Aire Golf Club was built under County regulations with 60' rights-of-way and later annexed in into the City. Sherwood Park is a large lot single family subdivision with 60' rights-of-way. In Andover, Windy Creek, and Sherwood Forest, the rights-of-way are 40'. .In many of the planned P&Z Board Staff Report Amendment to Land Development Regulations - Section 5.3.1(D), Right-of-Way Dimensions Page 2 communities, such as Rainberry Bay and Sabal Lakes, the main loop read in the subdivision is 60' wide, while other local streets are 50' wide. A common theme in these western developments is size - they are usually much larger than developments east of 1-95, with space for storm drainage facilities, pedestrian paths, and landscaping outside the street right-of-way. This allows designers more flexibility in placing components that would normally be found in the right- of-way, and can result in a reduced width. Reductions in the required right-of-way width are allowed by the Land Development Regulations (LDR), where facilities can be accommodated in a smaller right-of-way in a manner that will not endanger public safety. Additional right-of-way width may also be required, for safety reasons, by the City Engineer. Reductions in the required right-of-way are commonly granted, such that the normal width for a street with swale section is 50'. For infill type projects, those on mostly built-out streets, and projects in areas where the street pattern is established with 50' rights-of-way, additional right-of-way is required as needed to achieve a 50' width. Each of these reductions in width requires a Board action and the payment of a fee by the applicant. Recommendations have been made by staff that the process for granting a reduction in the required right-of-way width be changed from one needing Board approval to an administrative process under the control of the City Engineer. Traditional street rights-of-way are designed to contain more than the travelway. They also contain drainage facilities (either swales or curbs and gutters, and 'storm drainage pipes and structures), water and sewer facilities, sidewalks, street lights, street trees, and furniture such as benches. Each of these facilities require space to allow installation (at appropriate clearances) and maintenance. A typical local street with swales contains at least the following facilities: Travelway (2 lanes) 24' Sidewalks (2) 10' Offsets (2) between r/w and sidewalks 2' Swales (2), which include utility strips 24' Total 60' The hard surface (streets and sidewalks) in this typical section requires only about 34' of fight-of-way. The additional public area is the swale area, which is a shallow, sodded ditch for drainage. Swales have two storm water management functions: to contain and convey runoff to a storm sewer facility; and to clean runoff of pollutants through percolation (pre-treatment). The permeable swale P&Z Board Staff Report Amendment to Land Development Regulations - Section 5.3.1(D), Right-of-Way Dimensions Page 3 allows runoff to be detained, with some stormwater returned to the groundwater (recharge). In a curb and gutter street section, runoff is carried in the concrete gutter, without detention, to storm sewer facilities. Pre-treatment and recharge functions must be carried out in separate facilities outside the right-of-way. In addition, if trees are planted between the property line and the sidewalk, or between the sidewalk and the street, they must be well separated from utility installations to prevent damage to utilities caused by roots. As alluded 'to earlier, newer development design often places some of the traditional street components outside the right-of-way. Stormwater retention areas such as lakes and large green areas are centrally located, street trees are located adjacent to but outside the right-of-way, pedestrian circulation systems can be completely separated from the street system. This allows significant design flexibility, and reduces the need for a wide right-of-way. Recognition of this design flexibility allows reconsideration of the City's process for considering reductions in the standard width for local residential streets. Since a decision whether the required right-of-way should be reduced is a technical one, it is appropriate that the decision be under the administatrative authority of the City Engineer. The option to require additional right-of-way should be strengthened, to assure provision of sufficient right-of-way in areas with poor drainage that may require additional swale capacity, or in areas where street trees are likely to be placed in the right-of-way. In addition to the change in the standard right-of-way width, corrections are recommended to update the cross references to the Comprehensive Plan. By motion, recommend that the City Commission amend LDR Section 5.3.1(D)- [Right-of-Way Dimensions] as follows: (D) Right-of-Way Dimensions: (1) Right-Of-way shall be provided for Principal Arterials and Minor Arterials as shown for ultimate right-of-way width in Table T--4 .'1'-1 of the Tr:~c Transportation Element of the Comprehensive Plan. (2) The following right-of-way width is required for the category of other streets as identified, except as otherwise provided in Table :r.--4 T-1 of the Trc~c Transportation Element: P&Z Board Staff Report Amendment to Land Development Regulations - Section 5.3.1(D), Right-of-Way DimensiOns Page 4 County Collector 80 City Collector . 80 Local Commercial / Industrial Street 60 Local Residential Street · Without Curb and Gutter 60 · With Curb and Gutter 50 Alleys 20, Or Existing Dominant Width (3) Additional Width: Additional right-of-way width may be required to promote' public safety and welfare; to provide for storm, water management; to provide adequate area for street trees; and, to assure adequate access, circulation, and parking in high intensity use areas. Such a determination shall be advanced by a recommendation from the City Engineer and may be based upon the results of a traffic study or general knowledge of the City. The authority for requiring such additional fight-of-way shall rest with the body having the approval authority of the associated development application. (4) Reduction in Width: A reduction in the required right-of- way width established in Subsection (D)(2), above, may be granted by the City '~"~":'~'~+:~'"' pursuant to the following: (a){-~-) That requiring full dedication would constitute a hardship in a particular instance and that all required improvements will be provided Jn a manner which will not endanger public safety and welfare (b)(~ That acceptable, altamative provisions are made to accommodate features which would otherwise be accommodated within the right-of-way e.g. alternative drainage systems, alternative pedestrian walkways, alternative on-street parking, etc. S:%row8