04-01-97 Regular DELRA~~ BEACH
CITY..OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING lll-~m~ri~Ci~
COMMISSION CHAMBERS
The City will furnish auxiliary aids and services to afford an individual
with a disability an opportunity to participate in and enjoy the benefits
of a service, program or activity conducted by the City. Contact Doug
Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the
event in order for the City to accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. ~enerally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations). 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 nonoagendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further, unless permission to continue or
again address the Commission is granted by a majority vote of the
Commission members present.
Regular Commission Meeting
April 1, 1997
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.
Action: Motion to Approve.
5. Approval of Minutes:
Regular Meeting of March 18, 1997
6. Proclamations:
A. Recognizing and commending Mr. Charles Burn for his life-saving
actions in an emergency situation.
7. Presentations:
A. Recognizing and commending Police Department volunteers
B. Resolution No. 28-97 recognizing and commending Robert Garland
for over 40 years of service to the City of Delray Beach
8. Consent Agenda: City Manager recommends approval.
A. FINAL PLAT APPROVAL/VILLAS D'ESTE: Approve the final boundary
plat for Villas D'Este, a proposed 191 unit rental apartment
complex to be located on the north side of Atlantic Avenue,
immediately east of and adjacent to the Carver Middle School
site.
B. AGREEMENT FOR SIDEWALK IMPROVEMENTS/VIA MARINA: Accept an
agreement between the City and Via Marina Development Corp. to
allow deferral of the sidewalk improvement requirement for its
8-unit townhouse development located on the west side of
Venetian Drive between Bay and Nassau Streets.
C. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/HISTORIC TAX
EXEMPTION: Approve an interlocal agreement to allow the City
of Delray Beach , utilizing the Delray Beach Historic
Preservation Board, to perform the review functions necessary
for County historic tax exemption within the City.
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Regular Commission Meeting
April 1, 1997
D. TRI-PARTY AGREEMENT WITH PALM BEACH COUNTY AND MAD DADS/FUNDING
FOR OUT OF SCHOOL RECREATION PROGRAMS: Approve a tri-party
agreement between Palm Beach County, the City and MAD DADS,
Inc. for grant funding in the amount of $21,500 for out of
school recreation programs currently administered by MAD DADS.
E. CHANGE ORDER ~3 AND FINAL PAYMENT/FLORIDA DESIGN CONTRACTORS:
Approve deduct Change Order #3 in the amount of $26,788.98 and
final payment in the amount of $62,834.59 to Florida Design
Contractors, Inc. for completion of the Morikami Park wellfield
and transmission main project (Contract #2), with funding from
440-5179-536-63.61 and 442-5178-536-61.82.
F. CFLANGE ORDER #2 AND BID AWARD/LIFT STATION TELEMETRY SYSTEM:
Approve Deduct Change Order #2 in the amount of $101,200 with
Intercounty Engineering, Inc. which deletes installation of the
telemetry system from the Lift Station contract, and award a
bid in the amount of $79,560 to Data Flow Systems, Inc. for
telemetry system rehabilitation of Lift Stations 3, 10, 32, 83,
88 and 105.
G. PAYMENT FOR SOFTWARE SUPPORT/WATER TREATMENT PLANT: Approve
payment in the amount of $15,594.67 to Johnson Yokogawa Corpor-
ation (sole source vendor) for software support and maintenance
at the Water Treatment Plant for the period January 13, 1996
through February 13, 1997, with funding from 441-5122-536-46.90
and 440-5179-536-64,30.
H. APPOINTMENT OF OUTSIDE COUNSEL/ANTHONY CLECKLY V. CITY:
Approve the appointment of outside counsel to represent the
City in the referenced matter as recommended by the City
Attorney.
I. AWARD OF BIDS AND CONTRACTS:
1. Three year lease via State of Florida contract for a Xerox
Corporation copy machine for the Police Department, at a
total cost of $23,079.24 from 001-2113- 521-4430.
2. Bid award in the amount of $331,909 to Molloy Brothers,
Inc. for roadway improvements on S.E. 4th Avenue between
S.E. 2nd Street and Atlantic Avenue, with funding from
228-3162-541-61.94 and 440-5179-536-63.62 through budget
transfer from 440-0000-361-10.00.
3. Bid award to Jones Chemicals and Acme Utility Products via
the City of Boca Raton cooperative bid for the purchase of
liquid chlorine, and sodium and calcium hypochlorite, at
an estimated annual cost of $96,403.50 from 441-5122-536-
52.21 and 441-5144-536-52.21
Regular Commission Meeting
April 1, 1997
4. Bid award to Atlantic Referigeration Corp. as primary
contractor and State Air Conditioning, Inc. as secondary
contractor for air conditioning services and repairs, at
an estimated annual cost of $28,825 from various
departmental operating expense accounts.
9. Regular Agenda:
A. BID AWARD FOR SOFT DRINK VENDING SERVICES Consider Purchasing
Division's bid tabulation for our soft drink vending service,
together with recommendations from Brahm Dubin and the Parks
and Recreation Department.
B. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider
appealing the conditions of approval imposed by the Site Plan
Review and Appearance Board with respect to the site plan for
the Public Beach Parking Lot located on the west side of A1A,
north of Atlantic Avenue, and accept the balance of the actions
and decisions made by the Planning and Zoning Board, Site Plan
Review and Appearance Board and the Historic Preservation Board
during the period March 17-28, 1997.
C. REQUEST FOR ADDITIONAL FUNDING/LEE'S CROSSING: Consider a
request from Four Waves Enterprises, Inc. for an additional
funding contribution toward the cost of off-site improvements
at the Lee's Crossing development located on the west side of
Gallagher Road, west of and adjacent to the Kingsland Pines
subdivision.
D. REQUEST FOR FUNDING/SPADY HOUSE PLANNING SERVICES: Consider a
request from the Community Redevelopment Agency for funding in
the amount of $10,000 for planning services for the Spady
House.
E. PARKING MANAGEMENT TEAM (PMT) CONSULTANT: Consider hiring
parking consultant, John D. Edwards, to update the study the
City and the CRA prepared in 1992 for strategic planning of the
City's downtown parking. Funding is available from parking
trust funds (Account No. 115-0000-248-0100).
F. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint a regular
member to the Civil Service Board for a two year term ending
April 1, 1999. The appointment will be made by Commissioner
Egan (Seat ~2).
10. Public Hearings:
A. ORDINANCE NO. 13-97: (SECOND READING AND SECOND PUBLIC HEARING)
An ordinance amending Ordinance No. 60-96 to extend the mora-
torium on the acceptance or consideration of applications for
conditional use approvals for certain personal wireless service
towers and tower facilities through June 15, 1997.
-4-
Regular Commission Meeting
April 1, 1997
B. ORDINANCE NO. 15-97: An ordinance rezoning a parcel of land
known as the Sned property from CF (Community Facilities)
District in part (38.56 acres), and RR (Rural Residential)
District in part (6.38 acres), to RM-7 (Medium Density
Residential - 7 dwelling units/acre) for Coral Trace, a
proposed 284 unit multiple family development. The subject
property is located north of West Atlantic Avenue, between the
High Point and Sudan Subdivisions. QUASI-JUDICIAL HEARING
C. ORDINANCE NO. 16-97: An ordinance amending Article 4.6,
"Supplemental District Regulations", of the Land Development
Regulations by enacting a new Section 4.6.21, "Security Bars",
and amending LDR Appendix A, "Definitions", to provide a
definition for the term "security/burglar bars".
11. Comments and Inquiries on Non-Agenda Items from the Public-
I~--ediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 17-97: An ordinance annexing a 3.58 acre parcel
of land located on the east side of Barwick Road, approximately
250 feet north of Sabal Lakes Road; providing for a Small Scale
Future Land Use Map amendment from County MR-5 (Medium Density
Residential - 5 Dwelling Units/Acre) to City Medium Density
Residential 5-12 Dwelling Units/Acre, and establishing initial
zoning of RM-8 (Medium Density Residential - 8 Dwelling Units/
Acre). If passed, a quasi-judicial/public hearing will be
scheduled for April 15, 1997.
B. ORDINANCE NO. 18-97: An ordinance providing for a Small Scale
Future Land Use Map amendment from Transitional to General
Commercial for the Paton/Levy property located at the northeast
corner of South Federal Highway and Avenue "G" If passed, a
quasi-judicial/public hearing will be scheduled for April 15,
1997.
C. ORDINANCE NO. 19-97: An ordinance rezoning the Paton/Levy
property from POD (Professional and Office District) and RM
(Medium Density Residential) to SAD (Special Activities
District) for Fronrath vehicle sales, rental and leasing
facility. The subject property is located at the northeast
corner of South Federal Highway and Avenue "G" If passed, a
quasi-judicial/ public hearing will be scheduled for April 15,
1997.
D. ORDINANCE NO. 20-97: An ordinance amending Section 132.09,
"Skateboarding and the Like Prohibited", of the City Code to
provide for the prohibition on the use of skateboards in
Veteran's Park. If passed, a public hearing will be scheduled
for April 15, 1997.
Regular Commission Meeting
.April 1, 1997
13. Co.~ents and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
-6-
Temple Sinai
Of Palm Beach County
2475 West Atlantic Avenue, Delray Beach, Florida 33445-4425 ~ Reform Congregation
Telephone: 561-276-6161 member U.A.H.C.
FAX: 561-276-3485 E-mail: sinail@juno.com
Chaim J. Wender, D.Min.
CANTOR
Elaine Shapiro
Lois Wachtel
Marjory Aaron
PRESIDENT
Alvin Berkman
EXECUTIVE V.P.
Rose Berkman
No,on Gilman
Elliot Shapiro
Esther Skolnick
Jer~ Gilbe~
Leona Kaye
Phil Kaye
Helyn BerGer
A~hur Zweigenhafl
Meyer Danzig
WHEREAS, Charles Burn resides at 257 NE 13th
Street, Delray Beach, Florida; and
WHEREAS, on February 12, 1997, Delray Beach Fire
Rescue was summoned to Mr. Burn's home in response to a
reported drowning; and
WHEREAS, a small child had apparently fallen into a
neighborhood swimming pool. She was discovered by her mother
who frantically carried her to Mr. Burn's home for help. Mr.
Burn assessed the child and proceeded to rescue breathe for her
while a 9-1-1 call was placed. When paramedics arrived on the
scene, they found a viable patient. The child was transported
to Bethesda Memorial Hospital where she was examined and
eventually released with no injuries or adverse conditions
related to the drowning incident; and
WHEREAS, the immediate and appropriate action of
this courageous citizen in an emergency situation was
responsible for saving a young girl's life.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby commend and recognize
MR. CHARLES BURN
for his quick action which resulted in averting tragedy and
saving the life of a child. His willingness and ability to
respond to an emergency in such fashion exemplifies that which
is highest and best in the human spirit.
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 1st day of April, 1997.
MAYOR
JAY ALPERIN
SEAL
RESOLUTION NO. 28-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING
ROBERT GARLAND FOR OVER FORTY YEARS OF DEDICATED
SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, Robert Garland was hired by the City of Delray
Beach, Florida, on May 24, 1956; and
WHEREAS, Robert Garland retired from the City on March 31,
1997, having sewed for over forty years; and
WHEREAS, he was a faithful and dedicated employee in Public
Works and the Environmental Services Department (Water/Sewer Network)
during his tenure with the City; and
WHEREAS, Mr. Garland consistently performed any and all
duties required of him in a mature and professional manner,
exhibiting competence and loyalty; and
WHEREAS, the services and knowledge provided by this
dedicated employee are sincerely appreciated and will be missed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby recognizes and commends Mr. Robert Garland for
over forty years of dedicated and faithful public service.
Section 2. That the Delray Beach City Commission hereby
expresses sincere thanks and appreciation to Mr. Garland and wishes
him the best of health and happiness in his retirement.
PASSED AND ADOPTED in regular session on this the 1st day
of April, 1997.
ATTEST:
City ~erk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg~AGER~
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF APRIL 1, 1997
FINAL PLAT APPROVAL/VILLAS D'ESTE
DATE: MARCH 26, 1997
This is before the Commission to approve the final boundary plat
for Villas D'Este, a proposed 191 unit rental apartment complex to
be located on the north side of Atlantic Avenue, immediately east
of and adjacent to the Carver Community Middle School site.
The Site Plan Review and Appearance Board approved the site plan
on December 4, 1996. All applicable permits for the project have
been obtained.
Recommend approval of the final plat for Villas D'Este.
ref:agmemo3
Agenda Item No. d~
AGENDA REOUEST
Date: March 21, 1997
Request to be placed on:
X Regular Agenda
Special Agenda
__ Workshop Agenda When: April 1, 1997
Description of item (who, what, where, how much): Approval of final
boundary plat for Villas D'Este. All applicable permits have been
received and ~t~ff ~Qmmcn~ addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/~DRAFT ATTACHED YES~
Recommendation: Staff recommends approval of the final boundary plat
for Villas D'Este. . ~
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
CDB/gm
file: tac-Villas D'Este
ag0321rq.doc
MEMORANDUM
TO: David T. Harden
City Manager
FROM: C. Danvers Beatty, P.E.
City Engineer
SUBJECT: FINAL BOUNDARY PLAT
VILLAS D'ESTE
DATE: March 21, 1997
Attached is an agenda request for Commission approval of the final Boundary plat for
Villas D'Este. The subject plat consists of 191 rental apartments and received site plan
approval on 12/4/96. Planning and Zoning Board approval of the plat is not required.
The project has received L.W.D.D. and S.F.W.M.D. approval. Also attached is a location
map and reduced copy of the plat. If acceptable, please place this item on the April 1,
1997, Commission meeting for Commission approval.
DB:mm
attachment:
cc: TAC-VILLAS D'ESTE
Claire Lyte-Grahm, Planner
file:s/eng/tac/villasd'/finlplat.doc
BRADY
CARVER
COMMUNITY
MIDDLE
SCHOOL
5~Z~ AVENUE (S.R. 806
CANAL L-~4
I N LOCATION MAP ]
~.~.,=,,.o ..~o. VILLAS D' EST E
CITY OF Dh. RAY BEACH. EL
-- DIG/TAL BASE MAP SYS?EM -- C.'~ LIB~ DANLOC. DWG
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~' - MEETING OF APRIL 1, 1997
AGREEMENT FOR SIDEWALK IMPROVEMENTS/VIAMARINA
DATE: MARCH 28, 1997
This is before the Commission to accept an agreement between the
City and Via Marina Development Corp. to allow deferral of the
sidewalk improvement requirement for its eight unit townhouse
development (Via Marina) located on the west side of Venetian
Drive, between Bay and Nassau Streets.
The Site Plan Review and Appearance Board approved the site plan
on December 18, 1996, with the condition that a sidewalk agree-
ment allowing the deferral of the sidewalk improvement be
recorded prior to the issuance of building permits. The sub-
division plat was approved by the Planning and Zoning Board on
December 16, 1996 and by the Commission on January 21, 1997.
Pursuant to Section 6.3.1(B) (1) of the Land Development Regula-
tions, a five-foot wide sidewalk is required along Venetian
Drive. This agreement will allow a waiver of the requirement
until the City requires sidewalks to be constructed along
Venetian Drive. The owners would then be required to construct
the sidewalk at their sole expense, in accordance with all
current ordinances of the City.
Recommend approval of the agreement for sidewalk improvements for
the Via Marina townhouse development.
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR
DI~PARTMENT OF PLANNING AND ZONING
FROM: /JASMIN ALEE'N, PLANNER
SUBJECT: MEETING OF APRIL 1, 1997 * CONSENT AGENDA*
AGREEMENT FOR SIDEWALK IMPROVEMENTS FOR
VIA MARINA DEVELOPMENT
The action requested of the City Commission is acceptance of an agreement
between the City and VIA MARINA DEVELOPMENT CORP., to allow the
deferral of the sidewalk improvement for the Via Marina development located
on the west side of Venetian Drive, between Bay Street and Nassau Street.
On December 18, 1996, the Site Plan Review and Appearance Board
approved the site plan for Via Marina, a proposed 8 unit townhouse
development, with the condition that a sidewalk agreement allowing the
deferral of the sidewalk improvement be recorded prior to the issuance of
building permits. The subdivision plat was considered by the Planning and
Zoning Board on December 16, 1996 and subsequently approved by the City
Commission on January 21, 1997.
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
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Pursuant to Section 6.3.1(B)(1) of the Land Development Regulation a 5'
wide sidewalk is required along Venetian Drive. The attached agreement will
allow the waiver of the requirement to construct sidewalks in conjunction with
the new development until such time as the City requires sidewalks to be
constructed along Venetian Drive. If the City requires sidewalks to be
constructed along Venetian Drive then the Owner or Owners would be
required to construct the sidewalk, at their sole expense, in accordance
City Commission Documentation
Agreement for Sidewalk Improvements for Via Marina
Page 2
with all current ordinances of the City of Delray Beach. This Agreement shall
run with the land and be binding on the parties' heirs, assigns and
successors. The Assistant City Attorney has reviewed the agreement and
has approved the agreement as to form and sufficiency.
By motion, approve the sidewalk agreement.
Attachment: Agreement
Location Map
A~REEMENT FOR
SIDEWALK IMPROVEMENTS
THIS AGREEMENT entered into as of this day of ,
1997, between the City of Delray Beach (the "City") and VIA MARINA
DEVELOPMENT CORP., Florida corporation (the "Owner"), for the
purpose of waiving the requirement of installation of a sidewalk
along Venetian Drive until such time as all of Venetian Drive is
required to have sidewalks.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires
the installation of a sidewalk within the Venetian Drive right-of-
way immediately abutting the property described herein by Owner
prior to the issuance of a certificate of occupancy; and
WHEREAS, at the meeting of the Site Plan Review and Appearance
Board of December 18, 1996, the Board granted a waiver from the
requirement of the installation of a sidewalk pursuant to Land
Development Regulation Section 6.1.3(D)(1)(b); and
WHEREAS, there are currently no other sidewalks along Venetian
Drive; and
WHEREAS, in order to provide conformity along the street the
City Commission voted to waive the requirement for the installation
of a sidewalk until such time as it is determined that sidewalks
shall be constructed on the entire street.
WITNESSETH
NOW, THEREFORE, in witness of the above, and in consideration
of the City agreeing to waive the requirement for the installation
of a sidewalk, at this time, for the property located at 244
Venetain Drive, Delray Beach, Florida, and as legally described on
Exhibit "A" attached hereto and made a part hereof.
1. Owner agrees to construct a sidewalk, at its sole cost
and expense, along the Venetian Drive right-of-way abutting the
subject property, within a time period that is acceptable to the
City, after being requested to do so by the City. The sidewalk, if
and when constructed, shall meet all of the current ordinances of
the City of Delray Beach.
2. It is the intent of the parties that this Agreement shall
run with the land. This Agreement shall be recorded in the public
records of Palm Beach County, Florida after the Plat for the
subject property is recorded, and shall be binding on the parties
legal representatives, heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties to this Agreement set there
hands and seals this day of , 1997.
WITNESSES: OWNER: VIA MARINA DEVELOPMENT CORP.,
a Flora c~poration
~.~ ~-~' By: C~~Presldent
(print name)
(print name)
STATE OF FBORID~
COH~TY OF P~B~ BE~CH
The fore~oin~ instrment was acknowlod~od beforo ~e this
day of March, 1997, by Ca~ D. Glickstein, President of Via Marina
Development Corp., and he is personally known to me.
SEAL: . ~ ~ ~-~No. CC ~0~0~
Signature of Nota~ Public ~ "~
Sate of Florida ~ '~N~'~~*~:
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to form and sufficiency:
City Attorney
EXHIBIT "A"
Parcel 1
Lots 1 and 2, Block K, John B. Reid's Village, according
to the Plat thereof, recorded in Plat Book 21, Page 95,
and the East 140 feet of Lot 5, less the North 52.66 feet
thereof, Block L, Replat of Blocks L, M and N, John B.
Reid's Village, according to the Plat thereof, recorded
· in Plat Book 23, Page 137, all of the Public Records of
Palm Beach County, Florida.
Parcel 2
A certain parcel of land contiguous to and lying West of
the following described lands:
Lots 1 and 2, Block K, John B. Reid's Village,
according to the Plat thereof, recorded in
Plat Book 21, Page 95, and the East 140 feet
of Lot 5~ less the North 52.66 feet thereof,
Block L, Replat of Blocks L, M and N, John B.
Reid's Village, according tc the Plat thereof,
recorded in Plat Book 23,. Page 137, all of the
Public Records of Palm Beach County, Florida
(the "Dolphin Bay Parcel"),
and bounded on the North by the westerly prolongation of the
North line of the Dolphin Bay Parcel, bounded on the South by
the westerly prolongation of the South line of the Dolphin Bay
Parcel, and bounded on the West by a line parallel to and ten
(10) feet West of the West line of the Dolphin Bay Parcel,
said west line of the parcel being herein described being also
the east line of M.S.A. Parcel 648 D as shown on the plat of
John B. Reid's Village, as recorded in Plat Book 21, Page 95,
Public Records of Palm Beach County, Florida, as extended
northerly to its intersection with the westerly prolongation
of North line of the Dolphin Bay Parcel.
DELRA Y
VETERANS SUMMIT
PARK
CONDO
A TLAN TIC
PLAZA BARR CAMINO REAL
TERRACE HOLIDAY INN
CONDO
ATLANTIC AVENUE
CONDO
.~ BAR
<~ HARBOUR
S.E. 1ST MIRAMAR STREET
OCEAN PLACE
I. CONDO
~ INGRAHAM
S.E. 2ND ST.
~ OCEAN
S.E. 3RD ST.
~ ~ LANIKAI
~ LANCER WAY
S.E. 4~ ST. SEAGATE ~
L
MANOR
BEACH I ~
WOMEN'S ~ BUCIDA RD.
6TH ST. BAR TON MELALEUCA RD.
APT
CONDOS
VIA MARINA
PLANNING DEPARTMENT
CITY OF' BELRAY BEACH, FL
--- DIGITAL ~ASE MAP SYSTEM -- MAP REt:':
CITY ATTORNEY'S OFFICE ' '~?~' ~:"
.... ~ ..... .'~ · DELRAY BEACH, FLORIDA 3~444
DELRAY BEACH
~ MEMO~NDUM
~ TO: David T. Harden, City Manager
FROM: B6an Shutt, Assistant City Attorney
SUB,CT: Historic Tax Exemption--Interlocal Agreement
Attached please find a dra~ o~ an interlocal agreement between the City and Palm Beach
County to allow ~or a tax abatement on renovations to historic properties. T~s agreement
would avoid the County having to conduct a separate COA approval process for projects
located within the City.
Attachment
cc: Diane Dominguez, Director of Planning and Zoning
Pf/nted c~n fiecyc,'£'d Papgf
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DAVID T. HARDEN '4/'4h~ 6 I~?
SUBJECT: HISTORIC TAX ~EMPTION-INTERLOCALAGREEMENT
DATE: MARCH 7, '!997
As you know, we now have the Historic Tax Exemption ordinance in place. In order for
an applicant to take advantage of both the City and the County tax abatement programs
it will be necessary for us to enter into an inteflocal agreement with the County. Such
an agreement would avoid the County's having to conduct a separate COA approval
process for projects located within the City. An interlocal agreement is in place
between West Palm Beach and the County and is apparently working well (copy
attached).
Assistant City Attorney Brian Shutt has indicated that the request for the City Attorney's
Office to prepare such an interiocal agreement needs to come from you. I would
appreciate it if you could forward that request at your earliest convenience.
INTERLOCAL AGREEMENT FOR IMPLEMENTATION OF THE PALM
BEACH COUNTY HISTORIC TAX EXEMPTION ORDINANCE IN THE CITY
OF DELRAY BEACH, FLORIDA UTILIZING THE DELRAY BEACH
HISTORIC PRESERVATION BOARD
THIS INTERLOCAL AGREEMENT, entered into this . day of
,1993 by and between the City of Delray Beach, Florida,
hereinafter referred to as "City", a municipal corporation existing under the laws of the
State of Florida, and Palm Beach County, Florida, hereinafter referred to as "County",
a political subdivision of the State of Florida. The City and County are jointly referred
to as "parties".
WHEREAS, the citizens of Florida have amended the Florida Constitution to
authorize counties and municipalities to allow certain tax exemptions for historic
properties, Florida Constitution Article VII, Section $(E); and,
WHEREAS, the Florida Legislature has enacted Section 196.1997 and
196.1998, Florida Statutes, to govern the allowance of such exemptions; and,
WHEREAS, the Board of County Commissioners has determined it is in the
public interest to provide tax exemptions to encourage and promote rehabilitation and
renovation of historic properties and has adopted Ordinance No. 95-41 to implement
the above referenced statute; and,
WHEREAS, the City Commission of the City has determined that it is in the
public interest to provide tax exemptions to encourage and promote rehabilitation and
renovation of historic properties and has adopted Ordinance No. 50-96 to implement
the above referenced statute; and,
WHEREAS, Section 196.1997(6), Florida Statutes, requires a local government
to designate the local historic preservation office or the Division of Historical
Resources of the Department of State to review applications for exemptions; and,
WHEREAS, the Palm Beach County Historic Tax Exemption Ordinance
provides that the County may enter into an interlocal agreement with a municipality to
provide that a municipality that is a Certified Local Government (CLG) may perform
the review functions necessary for county historic tax exemption within the
municipality; and,
WHEREAS, City of Delray Beach Ordinance No. 50-96 designates the City of
Delray Beach Historic Preservation Board (hereinafter the "Historic Preservation
Board") to recommend to the City Commission approval or denial of applications for
historic tax exemptions; and,
WHEREAS, the City Commission is a CLG approved by the Division of
Historical Resources of the Department of State; and,
WHEREAS, the parties have determined that it is appropriate for the City
Commission to perform CLG functions necessary for county historic tax exemption
within the City.
NOW, THEREFORE, in consideration of the mutual obligations and
undertakings, the parties do hereby covenant and decree as follows:
1. The foregoing recitals are tree and correct, were relied on when the
parties entered into this Agreement and are a part of and incorporated into this
Agreement.
2. The City Commission shall perform CLG functions necessary for
County historic tax exemption within the City.
3. The review performed by the Historic Preservation Board shall be
conducted in accordance with the rules adopted by the Department of State.
4. Prior to consideration of an application for historic tax exemption by the
County, the City shall forward to the County the following: (1) the application for tax
exemption filed with the City, (2) the recommendation of the Historic Preservation
Board, (3) the final action of the City, and (4) the covenant or agreement the property
owner has entered into with the City.
5. In addition to the materials submitted by the City, the property owner
shall: (1) pay an application fee to the County, (2) submit any additional information
requested by County staff or the Board of County Commissioners, and (3) enter into a
covenant or agreement with the County as required by Section 196.1997, Florida
Statutes.
6. The City acknowledges that it shall receive no monetary compensation
from the County for the services it provides pursuant to this Agreement.
7. The County retains all discretion provided by law to approve or deny an
application for historic tax exemption.
8. The County shall notify the City of actions taken on applications for
historic tax exemption submitted to the County by the City.
9. The City shall notify the County of any actions it takes about violations
of historic covenants or agreements regarding property that has been granted county
historic tax exemption in the City.
10. This Agreement may be terminated by the City or by the County
following adoption of a resolution for that purpose.
11. This Agreement shall terminate immediately in the event the City
Commission loses its status as a CLG approved by the Division of Historical Resources
of the Department of State.
12. The following persons shall have primary responsibility for
implementation of and monitoring of this Interlocal Agreement:
As to City of Delray Beach:
Director of Planning and Zoning
100 N.W. 1st Avenue
Delray Beach, Florida, 33444
As to Palm Beach County:
Executive Director
Planning, Zoning & Building Department
100 Australian Ave.
West Palm Beach, FL 33406
13. The provisions of this Agreement shall become effective upon the
execution of this Agreement by both parties.
14. This Agreement may be executed in two (2) or more counterparts, each
of which shall be deemed an original. All of which together shall constitute one and
the same instrument.
15. One copy of this Agreement shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County, Florida, and one copy shall be filed with the City
Clerk of the City of Delray Beach, Florida
WHEREFORE, the parties hereto have set their hands and seals on the date set
forth next to their signatures.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk M A Y O R
Approved as to Form and
Legal Sufficiency:
City Attorney
ATTEST: PALM BEACH COUNTY, FLORIDA
DOROTHY H. WILKEN, Clerk BY ITS BOARD OF COUNTY
COMMISSIONERS:
By: By:
Deputy Clerk Chair
Approved as to Form and
Legal Sufficiency:
By:
histtax.agt
MEMORANDUM
DATE: March 25, 1997
TO: David Harden, City Manager
,Or,,
FROM: Lula Butler, Director, Community Improvement~
RE: Approval of Tri-Party Agreement Between Palm Beach County,
MADDADS & Delray Beach
ITEM BEFORE THE COMMISSION:
Request to approve an agreement between Palm Beach County, City of Delray Beach and
MAD DADS, Inc. for the funding of Out of School Recreation Programs currently
administered by MAD DADS, Inc.
BACKGROUND:
MAD DADS has been awarded a grant under Palm Beach County's Out of School
Recreation, District 4 Recreation Assistance Program Reserves in the amount of $21,500.
The grant was awarded under the condition that the City agree to sponsor and monitor the
agency in its administration of these programs and approve all requests for
reimbursements. MAD DADS is currently a sub-recipient of the City under the Community
Development Block Grant (CDBG) program. As such, we are responsible for monitoring
and documenting the agency's performance of its activities to ensure goals and objectives
along with proper record keeping are being carried out pursuant to criteria established under
applicable Federal regulations. The agency under its CDBG agreement is required to
submit a monthly report to the Community Improvement Department, documenting the
services and activities carried out, and we are required to monitor their files and records to
ensure compliance with federal regulations.
The proposed agreement provides for the City to act as a conduit for the review and
approval of invoices for the program. This is easily accommodated since staff is very
familiar with the agency's activity in its sub-recipient relationship. The City Attorney has
reviewed the agreement and her comments have been addressed and incorporated.
RECOMMENDATION:
Staff is recommending approval of the Tri-Party Agreement between the County, City of
Delray Beach and MAD DADS, Inc., which authorizes the City to review and approve all
invoices for reimbursements in the amount of $21,500 for eligible drug and crime preventive
activities.
TriAgr. PBC
Date: March 25, 1997 Agenda Item No. OW
AGENDA REQUEST
Agenda request to be placed on:
_~X Regular Special __ Workshop __ Consent
When: April 1, 1997
Description of Agenda Item:
Approval of Tri-Party Agreement Between Palm Beach County, MAD DADS and the
City of Delray Beach for the Funding of Out-of-School Recreation Programs
Ordinance/Resolution Required: Yes/~x_~ Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:__~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Altematives: (if applicable)
Account # & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~/No ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
AGREEMENT BETWEEN PALM BEACH COUNTY, THE CITY OF
DELRAY BEACH, AND M.A.D. DADS OF GREATER DELRAY BEACH, INC. FOR
THE FUNDING OF OUT OF SCHOOL RECREATION PROGRAMS
THIS AGREEMENT is made and entered into this ~ day of , 1997,
by and between Palm Beach County, a political subdivision of the State of Florida,
hereinafter referred to as "County", the City of Delray Beach, a Florida Municipal
Corporation, hereinafter referred to as "Delray Beach", and M.A.D. Dads of Greater
Delray Beach, Inc., a Florida not for profit organization, hereinafter referred to as "MAD
DADS".
WITNESSETH:
WHEREAS, MAD DADS has developed Out of School Recreation Programs
("Programs") for Iow income "at risk" youth to be held at various locations in Delray
Beach; and
WHEREAS, the City of Delray Beach desires to sponsor and monitor said
Programs; and
WHEREAS, said Programs as provided by MAD DADS include an All America
Youth Choir, a Drill Team, a Homework Assistance program, and the MAD DADS
Basketball League; and
WHEREAS, said Programs are anticipated to inhibit, prevent and deter drug and
crime related activities, and to provide methods for engaging parental involvement and
support, which is deemed a County purpose; and
WHEREAS, the total cost of said Programs is estimated to be $52,204; and
WHEREAS, Delray Beach and MAD DADS have requested from County an
amount not to exceed $21,500 to assist in the funding of said Programs; and
WHEREAS, funding for the Out of School Recreation Programs in the amount
of $21,500 is available in District 4 Recreation Assistance Program reserves; and
WHEREAS, the parties desire to enter into this Agreement.
NOW THEREFORE, in consideration of the covenants and promises contained
herein, the parties hereby agree to the following terms and conditions:
1. MAD DADS shall coordinate and provide Out of School Recreation Programs
to approximately (60) Iow income "at risk" youth to be conducted according to program
objectives and program outcomes as specifically set forth in Exhibit "A" attached hereto
and incorporated herein.
2. County agrees to pay MAD DADS an amount not to exceed $21,500 on a
reimbursement basis for costs associated with the Programs as delineated in Exhibit
"A" attached hereto and incorporated herein upon sign off of invoices by Delray
Beach which are to be forwarded to the County for payment.
3. County will use its best efforts to provide said funds to MAD DADS on a
reimbursement basis within forty five (45) days of receipt of the following information:
a. A written statement that the Programs as specified herein have been
rendered in accordance with this Agreement; and
b. A Contract Payment Request Form and a Contractual Services
Purchases Schedule Form, attached hereto and incorporated herein as "Exhibit B",
which are required for each and every reimbursement requested by MAD DADS. Said
information shall list each invoice payable by MAD DADS and shall include the vendor
invoice number; invoice date; and the amount payable by MAD DADS. MAD DADS
shall attach a copy of each vendor invoice paid by MAD DADS along with a copy of the
respective check and shall make reference thereof to the applicable item listed on the
Contractual Services Purchases Schedule Form. All invoices shall be sent to Delray
Beach for approval and signed by Delray Beach to indicate Delray Beach's approval.
Further, the Program Administrator and the Program Financial Officers for MAD DADS
and Delray Beach shall certify the total funds payable by MAD DADS for the Programs
and shall also certify that each vendor invoice listed on the Contractual Services
Purchases Schedule Form was paid by MAD DADS as indicated.
c. Prior to receiving the final reimbursement from County, MAD DADS
shall submit a report to Delray Beach and to County indicating the benefits and impacts
ofthe MAD DADS Out of School Recreation Programs as directly related to County funding.
4. Upon execution of this Agreement, MAD DADS shall provide Certificates of
Insurance to County and Delray Beach for the insurance coverages required
hereinbelow. Said Certificates shall clearly indicate that MAD DADS has obtained
insurance of the type, amount, and classification as required for strict compliance with
this paragraph and that no material change or cancellation of the insurance shall be
effective without thirty (30) days prior written notice to the County and Delray Beach.
All insurance policies shall be issued by companies authorized to do business in the
State of Florida and, shall name County and Delray Beach as an additional insured.
a. MAD DADS shall maintain during the life of this Agreement, general
comprehensive liability insurance, including contractual liability, in the minimum amount
of $200,000 per occurrence, for claims arising from damages for bodily and personal
injury, including wrongful death, as well as from claims of property damages which may
arise from any operations under this Agreement, whether such operations be by MAD
DADS or by anyone employed by or contracting with MAD DADS.
b. MAD DADS shall maintain, during the life of this Agreement, comprehensive
automobile liability insurance in the minimum amount of $200,000 combined single limit
bodily injury and property damage for claims arising from damages for bodily injury
including wrongful death, as well as from claims for property damage which may arise
from the ownership, use, or maintenance of owned and non-owned automobiles,
including rented automobiles, whether such operations be by MAD DADS or by anyone
employed by or contracting with MAD DADS. Should MAD DADS use independent bus
companies for transportation, it shall require such company or companies to provide
automobile liability on such buses in the minimum amount of $1,000,000 combined
single limit bodily injury and property damage and shall include MAD DADS, Delray
Beach, and Palm Beach County as "Additional Insured".
c. MAD DADS shall maintain, during the life of this Agreement, adequate
Workers' Compensation Insurance and Employer's Liability Insurance in at least such
amounts as are required by law for all of its employees providing services in
accordance with this Agreement.
5. Within the extent permitted by law, MAD DADS shall indemnify and hold
County and Delray Beach harmless from and against any and all loss, suit, action, legal
or administrative proceeding, claim, demand, damage, liability, interest, attorney's fee
cost and/or expense of whatsoever kind or nature arising in any manner directly or
indirectly related to the performance of this Agreement. However, MAD DADS does
not indemnify the County and Delray Beach from and against any and all loss, suit,
action, legal or administrative proceeding, claim, damage, liability, interest, attorney's
fee, cost and/or expense due to the County's or Delray Beach's sole error, negligence,
or willful misconduct. The liability limits set forth in Section 768.28, Florida Statues,
shall not be waived.
6. MAD DADS warrants and represents that all of its employees and participants
in the programs listed in "Exhibit A", attached hereto and incorporated herein, are
treated equally during employment and/or services without regard to race, color,
religion, sex, age, disability, marital status, sexual orientation, national origin or
ancestry.
7. The term of this Agreement shall be for one (1) year. MAD DADS warrants
that it shall complete the Programs and provide accounting data to County for same on
or before one (1) year from the date of execution of this Agreement by the parties
hereto.
8. MAD DADS shall maintain books, records, documents, and other evidence
which sufficiently and properly reflect all costs of any nature expended in the
performance of this Agreement for a period of not less than three (3) years. Upon
advance notice to MAD DADS, County shall have the right to inspect and audit said
books, records, documents and other evidence during normal business hours.
9. As provided in Section 287.132-133, Florida Statutes, by entering into this
Agreement, MAD DADS certifies that it, its affiliates, suppliers, and subcontractors who
will perform hereunder, have not been placed on the convicted vendor list maintained
by the State of Florida Department of Management Services within the thirty six (36)
months immediately preceding the date hereof. This notice is required by Section
287.133 (3) (a), Florida Statutes.
10. The County, Delray Beach, and MAD DADS agree that this Agreement sets
forth the entire agreement between the parties and that there are no promises or
understandings other than those stated herein. None of the provisions, terms and
conditions contained in this Agreement may be added to, modified, superseded or
otherwise altered, except by written instrument executed by the parties hereto.
11. The parties may pursue any and all actions available under law to enforce
this Agreement including, but not limited to, actions arising from the breach of any
provision set forth herein.
12. This Agreement shall be governed by the laws of the State of Florida and
any and all legal action necessary to enforce this Agreement shall be held in Palm
Beach County. In the event any action, suit, or proceeding is commenced with respect
to interpretation or enforcement of this Agreement, the prevailing party shall be entitled
to recover all costs, expenses and fees, including without limitation, reasonable
attorneys' fees incurred by such party in connection therewith.
13. Any notice given pursuant to the terms of this Agreement shall be in writing
and hand delivered or sent by U.S. mail. All notices shall be addressed to the
following:
As to the County:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, Florida 33461
As to Delray Beach:
City Manager
100 NW. First Avenue
Delray Beach, FL 33444
As to MAD DADS:
Executive Director
P.O. Box 1057
Delray Beach, FL 33447-1057
IN WITNESS WHEREOF, the undersigned parties have signed this Agreement
on the date first above written.
ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS
DOROTHY H. WILKEN, CLERK BOARD OF COUNTY COMMISSIONERS
By:. By:.
Deputy Clerk Chairman
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:.
County Attorney
ATTEST: CITY OF DELRAY BEACH
By:. By:.
City Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:.
City Attorney
WITNESSES: MAD DADS OF FLORIDA, INC.
By: Charles Ridley .... .v
Signature
Executive Director
Title
MAD DADS Out-of-School Programs
January, 1997-December, 1997
I. The overall ~oals of the Out.of-School Recreation Activities are;
A) To engage the target population in Delray Beach in out-of-school recreation
activities which inhibits, prevents, and deters drug and crime related activities
B) To provide methods for engaging parental involvement and support
H. Programs. Objectives. and Locations:
A) The MAD DADS All America City_ Youth Choir Description:
The MAD DADS All America City Youth Choir consists of 60+ students between the ages
of 4 and 19 who are provided with a positive safe environment where they can display their
talents through performances, recording sessions, and workshops with national artists.
Rehearsals are located in Delray Beach, however, performances are scheduled throughout
South Florida.
Objectives:
1) Maintain and/or increase choir membership and attendance by 10%
2) Provide a minimum of 44 rehearsals per year
3) Provide a minimum of 12 performances throughout South
Florida
4) Maintain or increase parent participation at appropriate events
B, ,Drill Team Description;
Drill is popular in African American sororities and fraternities. It is more commonly referred
to as "Step". Drill combines syncopated rhythm movements using the hands and feet. The
sounds mimic those of tap dancing.
The MAD DADS Drill Team provides 20+ young women with the opportunity to
discover ways in which they can positively express themselves through team dance and drill.
Participants learn the importance of discipline and respect for fellow team members. This
program is located at the Delray Full Service Center.
Objectives:
1) Maintain and/or increase drill team membership and attendance by 20%
2) Provide a minimum of 36 rehearsals per year
3) Provide a minimum of 8 performances throughout South Florida
4) Maintain or increase parent participation at appropriate events
EXKIBIT A
C) The MAD DADS Homework Assistance Program Description:
The MAD DADS Study Center program is a collaboration between MAD DADS, Palm
Beach County School District, and Florida Atlantic University (College of Education).
Students attend the study center Monday through Thursday from 5 p.m. until 7 p.m. at the
Delray Full Service Center. The program is designed to give students a positive and safe
environment in which to do homework, Additionally, volunteers are provided to help
students who may be experiencing problems in a specific subject area.
Ob_iectives:
1) Maintain and/or increase attendance in the study center by 10%
2) Provide weekly study sessions that correspond with the School District
calendar
3) Maintain or increase volunteer participation
D) The MAD DADS Basketball League Description:
The MAD DADS Basketball League provides approximately 100 youth ages 10 to 21
with a supervised sports activity. The program is also enhanced by the following modules:
Drug-free awareness classes, self-esteem and self-worth building components; health and
physical education; and voter registration drives. This program consists of two (12) week
sessions (Fall and Spring) and is supported by the City of Delray Beach Parks and Recrea-
tion Department.
Objectives:
I) Maintain and/or increase the number of participants during each session by 10%
2) Provide two (12) week sessions
3) Provide a minimum of one drug awareness workshop per session
Administrative:
MAD DADS Program Director will be responsible for: (1) coordinate all of the out of
school services, (2) act as liaison between MAD DADS, Parks and Recreation, (3)
implement Midnight Basketball and the Youth Basketball Leagues, and (4) supervise the
Homework Assistance Program.
I~I-IIBIT A
IH. P~am Outcomes:
As a result of participating in the MAD DADS Out-of-School Recreation Programs, the fol-
lowing anticipated program outcomes will be achieved:
!) Participants will regularly attend and/or graduate from school
2) Participants will maintain and/or increase their GPA
3) Participants will develop an increased knowledge of positive alternatives to drug and
crime related activities.
4) Participants will have weekly contact with neighborhood, indigenous workers who can
build relationships with families, school, and police to maintain cooperative disciplined, and
active youth who understand and appreciate the value of living within the Delray Beach
neighborhood.
EX~IIBIT A
Total MAD DADS Out-of-School Budget
Total Budget County_ Request
Choir: 21804.00 10304.00
Drill Team: 9400.00 4400.00
Homework Assistance: 8000.00 4000.00
Youth Basketball: 13000,00 2796.00
Total= 52204.00 21500.00
Budget Description of County Request
Personnel
Program Director 2000.00
Drill Team Coordinator 4400.00
Homework Assistance Coordinator 4000.00
FICA 796.00
Sub Total 11196.00
Professional Services
Choir Director 4204.00
Accompanist 3600.00
Special Guest Artist 2500,00
Sub Total 10304.00
Total = 21500.00
EXHIBIT A
PARKS AND RECREATION DEPARTMENT
CONTRACT PAYMENT REQUEST
(Project)
Grantee Request Date
Billing # Billing Period
PROIECT PAYMENT SUMMARY
Project Costs Cummulatlve Total
Item This Billing Project Costs Project Costs
:onsulting Services
:ontractual Services
4aterials, Supplies, Direct Purchases
;rantee Stock
quipment, Furniture
OTAL PROJECT COSTS ~ ,...........~ ~
ertification: I hereby certify that the above Certification: I hereby certify that the documen-
'ere incurred for the work identified as bein§ ration has been maintained as required to support
:complished in the attached pro§mss reports, the project expenses reported above and is avail-
able for audit upon request.
Administrator/Date Financial Officer/Date
'BC USE ONLY
'ounty Funding Participation $.
~tal Project Cost $,
~tal project costs to date $,
~unty obligation to date $,
)unty retainage ( ....%) ( }
~unty funds previously disbursed ( )
,unty funds due this billing $
viewed and Apprdved by:
, PBC Project Administrator/Date
Department Director/Date
1 OF2
Writer's Direct Linc: (561) 243-7091
DFLRAY BEACH
lll.lmerica City MEMORANDUM
1993
· TO: Lula Butler, Director of Community hnprovement
FROM: Susan A. Ruby, City Attorney
SUBJECT: Tri-Party Agreement - MAD DADS. County and City
The agreement appears to reflect that the City's involvement is only to act as a conduit
for the review and approval of invoices for the program. However, in the event a court
considers the County, City and MAD DADS to be a joint venture, and especially if City
facilities or parks are used, I would recommend that Paragraphs 4 and 4b be modified to
indicate that the City is also to be provided certificates of insurance naming the City as
additional insureds, as well as the County.
I would also recommend that Paragraph 5 be modified to require MAD DADS to
indemnify not only the County, but also the City.
Please call if you need anything further.
Attachment
maddads.sar
MAR - 7
/
ADMINISTRAV' :'q
Exhibit B
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ - MEETING OF APRIL 1, 1997
CHANGE ORDER #3 AND FINAL PAYMENT/FLORIDA DESIGN
CONTRACTORS, INC.
DATE: MARCH 28, 1997
This is before the Commission to approve Deduct Change Order #3
in the amount of $26,788.98 and final payment in the amount of
$62,834.59 to Florida Design Contractors, Inc. for completion of
the Morikami Park wellfield and water transmission main project
(Contract #2).
Recommend approval of Deduct Change Order #3 and final payment in
the amount of $62,834.59 to Florida Design Contractors, Inc.
Funding is available from the 1993 Water/Sewer Revenue Bond -
Wells, Morikami Park (Account No. 440-5179-536-63.61) and Renewal
and Replacement - Well Rehabilitation (Account No. 442-5178-
536-61.82).
Agenda Item No.
AGENDA REQUEST
Date: March 21, 1997
Request to be placed on:
X Regular Agenda
Special Agenda
~ Workshop Agenda When: April 1, 1997
Description of item (who, what, where, how much): Staff request City Commission approve deduct
Change Order #3 in the amount of $26,788.98 and Final Payment in the amount of $62.834.59 to
Florida Design Contractors, Inc., for their work on the Morikami Park Wellfield and Transmission
main Project, Contract #2. The work has been completed and accepted by the City. Funding is
available from the Water Sewer Construction Bond Account #440-5179-536-63.61,~,,,~
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: ~ C~ a r Chan rder #3 in the
amount of $26,788.98
~3 5 t0 Florida Design
Contractors. Inc.. for their work oK't~e M~/ikami Pa~",V~ellfield nd._Tran~mission main Proje~:t.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re,,~.q~ed on all items involving expenditure of funds):
Funding available~NO
Funding alternatives (if applicable):/~'//r
Account No. & Description
Account Balance ~7~,~
City Manager Review:
Approved for agenda: O
Hold Until:,
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:~..A9401~greq401
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Josh Aguila, A.I.A,. ~-
Construction Man~r
Date: March 21, 1997
Subject: AGENDA REQUEST 4/01/97
Morikami Park Wellfield & Water Transmission Main
Project No. 94-01.2
Attached is an Agenda Request for City Commission approval of deduct Change
Order 3 in the amount of $26,788.98 and Final Payment in the amount of
$62,834.59 to Florida Design Contractors, Inc., for their work on the Morikami
Park Wellfield and Water Transmission Main project.
The deduct Change Order represents final project reconciliation of unit prices
which remain, and should be credited back to the City via this Change Order.
The balance remaining will then be the Final Payment of $62,834.59. The
project is complete and has been accepted by the consultant and the City.
Funding is available from the WatedSewer Construction Bond, Account No. 440-
5179-536-63.61.
cc: Dan Beatty
File 94-01.2 (A)
s:\...\9401\agmem401
HILL
TO: Engineering FROM: Timothy S. Sharp, DFB
City of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
ATrN:/~)se'~.Aguila_:~ DATE: March 6, 1997
RE: Final Close-Out Change Orders and Payment Applications from Florida Design Contractors
PROJECT NUMBER: 103583.M4.ZZ
WE ARE SENDING YOU:
,~ · ATTACHED UNDER SEPARATE COVER VIA
0 SHOP DRAWINGS DOCUMENTS TRACINGS
PRINTS SPECIFICATIONS CATALOGS
COPY OF LETTER OTHER:
QUANTITY DESCRIPTION
3 Backup matedal for close out change order no. 3
3 Final Close-Out payment applications
IF MA~ERI_RLAL..RECE~_ytEq !S~N~OT AS LISTE?, .~LE~SE_ NOTIFY US AT ONCE
( REMARKS: CH2M HILL has inspected and reviewed the completed construction of the three w
/ supply wells in Modkami Park, along with the enclosed Close-Out change order and payment application,
--(/and find them to be complete and in accordance with the Contract Documents. By way of this
~ transmittal, we recommend approval of the final Close-Out change order and payment application in the
~., amounts shown.
Should you have any questions, please call me at 737-6665.
COPY TO:
William Greenwood/Delray Beach (w/o attachments)
Howard Wight/Delray Beach (w/o attachment)
Dick Hasko/Delray Beach (w/o attachment)
Tim Sharp
CH2M HILL Voice: 305/426-6612 ext. 226 ~'AX: 3o--E311rl-6OlO
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. Three (3), Final PROJECT NO. 94-01.2 DATE: March 11, 1997
PROJECT TITLE: Morikami Park Wellfleld & Transmission Main
TO CONTRACTOR: Florida Design Contractors, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: Deduct Change Order following final project reconciliation of unit prices.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 963.653.50
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 64,910.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1.028.56:).50
COST OF CONSTRUCTION CHANGES THIS ORDER ($ 26.788.98)
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,001,774.52
PER CENT DECREASE THIS CHANGE ORDER 2.78%
TOTAL PER CENT INCREASE TO DATE 3.95%
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 0 CALENDAR DAYS TO 12/17/96
date
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.
CONTRACTOR SIGNATURE (ENGINEER) date
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Dept. 440-5179-536-63.61.
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
,/ ,~ DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
ENGINEER/DIRECTORt MAYOR
ATTEST:
APPROVED: By:
CITY ATTORNEY CITY CLERK
s:\...\9401\co3
~Descdption Unit Unit Cost Extention
~Addition Berm/Road Stablization 1 5,970·00 5,970.00
~Vault Venting 4" S.S. Piping 1 7,235.00 7,235.00
ISod Deduct 1 (1,044.00) (1,044.00
Chlorination of Existing Lines 1 6,091.00 6,091.00
Well 25 Water Quality Testing 1 1,430.00 1,430.00
t16 S.S. 8" x 6" Reducer For Well 25 I 890.00 890.00
Unit Adjustments
Utility Conflict Allowance (1) 10,000.00 (10,000.00
;'rench Excavation and Backfill
0-6 Feet 811 14.30 11,597.30
6-9 Feet (980) 16.00 (15,680.00
9-12 Feet 112 18.00 2,016.00
Found. Stab. - As Directed (400) 16.50 (6,600.00
Surface Restoration
RemoVe and Replace Boardwalk (1) 2,800.00 (2,800.00
Asph. Replace. Over Trenches 21.5 7.00 150.50
Limerock Base Over Pipe Trench (316.5) 8.00 (2,532.00
Finish Grading and Restoration 362 1.50 543.00
Press. Class 350 Pipe & Fittings
!4-Inch Push-On Joints (99) 41.85 (4,143.15
.~4-1nch Restrained joints 10 62.20 622.00
20-Inch Push-On Joints 11 31.00 341.00
20-Inch Restrained Joints 8 45.50 364.00
16-Inch Push-On Joints 52 22.30 1,159.60
16-Inch Restrained Joints (6) 33.90 (203.40)
8-Inch Push-On Joints (13) 8.20 (106.60)
8-Inch Restrained Joints 5 12.80 64.00
Dt Fitting. s (945) 2.65 (2,504·25
Concrete (190) 70.00 (13,300.00
Pipeline ARV Assemblies (2) 2,800.00 (5,600.00
Well Ddlling and Construction
Ddlling
Ddll Nominal 6" Dia. Pilot Hole (112) 12.00 (1,344 00)~
·
Ream Pilot Hole to Nominal 30" Dia. (45) 31.00 (1,395.00)~
Ream Pilot Hole to Nominal 24" Dia. (50) 26.50 (1,325.00
Well Casing and Screen
F. and I. 24" Steel Casing (45) 55.00 (2,475.00),
F. and I. 14" FRP Casings (124) 71.50 (8,866.00
F. and I. 14" SS Well Screen (65) 152.00 (9,880.00),
Grout Surface Casing 186 38.50 7,161.00
F. and I. Gravel Pack Matedal 832 22.00 18,304.00
Develop Wells (14) 110.00 (1,540.00)
Conduct Specific Capacity Testing. 27 137.50 3,712.50
Furnish 8" Drop Pipe for Sub. Pump (12.39) 30.00 (371.70)
Unused Testing Allowance (1) 76.00 (76.00
Unused Pump Allowance (1) 2,653.78 (2,653.78
Total Change Order #3 (26,788.98
Veto Piping:
Materials, Consolidated Stainless 5000.00
4" Core Drilling 6 Holes ~ 45.00 270.00
Bolting, Miscellaneous Material 500.00
Labor $32.50/16 hours 520.00
P & O 945.00
$7,235.00
8" x 6" Bushing:
Bushing 584.25
Labor 190.00
P 8: O 115.75
$ 890.00
Column Piping:
Piping 60' @ 23.80 $1,428.00
Water Quality Testing Morikami Wells
Savannah Labs 5,330.00
Retesting Gross Alpha (Radium 226, 228) 185.00
Additional Testing 3,115.00
P & O 1,294.00
$9,924.00
Water Quality Testing Well 25
Envirodyne, Inc. 1,244.00
P & O 186.00
$1,430.00
Summary:
Original Contract Amount $ 963,653.50
Change Order # 1 64~910.00
Subtotal 1,028,563.50
This Change Order (#3) (26,788.9.8.)
New Contract Price $1,001,774.52
..~_ ~ ..... ,, -.. ~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~' - MEETING OF APRIL 1, 1997
CHANGE ORDER #2 AND BID AWARD/LIFT STATION TELEMETRY
SYSTEM
DATE: MARCH 28, 1997
This is before the Commission to approve Deduct Change Order #2
in the amount of $101,200 with Intercounty Engineering, Inc.
which deletes installation of the telemetry system from the Lift
Station contract, and award a bid in the amount of $79,560 to
Data Flow Systems, Inc. for telemetry system rehabilitation of
Lift Stations 3, 10, 32, 83, 88 and 105.
The telemetry system was bid as part of this rehabilitation
project and was included in the contract with Intercounty.
However, the City was able to negotiate a lower price directly
from Data Flow Systems than was bid to the contractors. The City
will also receive savings by the elimination of the sales tax.
Recommend approval of Deduct Change Order #2 with Intercounty
Engineering, Inc. and award of bid to Data Flow Systems, Inc. for
the telemetry system rehabilitation of the Lift Stations. Funding
is available from Renewal and Replacement - Transmission System
(Account No. 442-5178-536-61.83).
Agenda Item No.
AGENDA REQUEST
Date: March 26, 1997
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: April 1, 1997
Description of item (who, what, where, how much): Staff requests
Commission Approval of a Contract Deletion for Intercounty
Engineering, Inc. contract for Rehabilitation of Lift Stations 3, 10,
32, 83, 88 and 105 (PN 93-064) in the total amount of -$101,200.00.
This contract deletion is for deleting the telemetry system for above
referenced lift stations as furnished by Data Flow Systems, Inc.
Data Flow Systems Equipment is utilized on all City facilities for
operation monitoring and control.
The telemetry system was bid as part of this project and is included
in the Contract with Intercounty. The City was able to negotiate a
lower price directly with Data Flow than was bid to the Contractors.
The City will also receive savings from the elimination of the sales
tax.
Based on the above we are also requesting Comraission approval to
issue a purchase order in the amount of $79,560.00 directly to Data
Flow Systems, Inc. for furnishing and installing the telemetry for
the stations; and additional miscellaneous parts per the attached
quote dated March 17, 1997.
Fundinq is from R & R account #442-5178-536-61.83, R&R Transmission
~ystem
O DIN C SOLUTION
Recommendation: Staff recommends approval of contract deletion for
Flowlnterc°unty Engineering' Inc; anT~purchase °rder t° Datasystems, Inc.
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 ~77~-g~-~Z~(~,
Account Balance ~O~ ~7
(,v'w~,,v,,rr 6.,,r~. A~,,~-:, Go6 7_~ ) , ...-v_._. ~. . .
City Manager Review: ~--~
Approved for agenda: ~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
TO: David T. Harden
City Manager
FROM: Howard Wight ~A ~ ~'
Dep. Dir Cons~l~/t~rk,/
SUBJECT: Rehabilitation df Lift Stations 3, 10, 32, 83, 88, 105
PN 93-064
DATE: March 26, 1997
Attached for Commission approval is an agenda request for Change Order #2 to
Intercounty Engineering, Inc. for the above referenced Project. The amount of Change
Order #2 is a deduct amount of $101,200.00 for deleting the telemetry system for the
above referenced lift stations as furnished by Data Flow Systems, Inc. Data Flow Systems
equipment is utilized on all City facilities for operation monitoring and control.
The telemetry system was bid as part of this project and is included in the Contract with
Intercounty. The City was able to negotiate a lower price directly with Data Flow than
was bid to the Contractors. The City will also receive savings from the elimination of the
sales tax.
Based on the above we are also requesting Commission approval to issue a purchase
order in the amount of $79,560.00 to Data Flow Systems, Inc. for furnishing and
installing the telemetry for the stations; and additional miscellaneous parts per the attached
quote dated March 17, 1997.
Funding is from #442-5178-536-61.83, R&R Transmission System.
file: 93-064 (E)
file:s/eng/eng/proj/9364/official/agdmemo.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. TWO (2) PROJECT NO. 95-031 DATE:
PROJECT TITLE: Rehabilitation of Lift Stations 3, 10,32,83,88,105
TO CONTRACTOR: Intercount¥ Enqineerinq, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION:
Delete furnishing and installing Data Flow Telemetry equipment for the above
referenced lift stations. Equipment will be furnished and installed by Data Flow
via direct Purchase Order with City of Delray Beach. Intercounty to coordinate
with City staff and Data Flow for scheduling of installation.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $212,360.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $325,465.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $537,825.00
COST OF CONSTRUCTION CHANGES THIS ORDER -$101,200.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $436,625.00
PER CENT INCREASE/DECREASE THIS CHANGE ORDER -47.0%
TOTAL PER CENT INCREASE/DECREASE TO DATE +206%
EXTENSION OF CONTRACT TIME ALLOWED THIS CHANGE, 0 CALENDAR DAYS TO 8/28/97.
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.
for Intercounty Engineering, Inc.
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
EnviroDmental Services 442-5178-536-61.83
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
Director Environmental Services/ Jay Alperin, MAYOR
City Engineer
ATTEST:
APPROVED: By:
City Attorney City Clerk
~...~93-064~contract~co2frm.doc
INTER CO UNTY ENGINEERING, INC.
1925 N.W. 18th Street, Pompano Beach, Fl. 33069 Telephone: (954) 972-9800 Fax: (954) 974-0042
March 20, 1997
City of Delray Beach
434 S. Swinton Ave.
Delray Beach, Florida 33444
Attention: R. Howard Wight, Construction Manager
RE: Project No. 93-064
Dear Howard:
Per our conversation today in reference to the R.T.U. equipment to be supplied to the
above referenced project, Intercounty Engineering here by agrees to credit the City a
total of One hundred one thousand two hundred dollars ( $101,200.00) in lieu of
supplying said equipment.
Sincerely,
Maurice A. Hynes
President
cc: Project File
Data Flow Systems, Inc.
/Vlarch 17, 1997 Quote No. 970317-03-dw
Mr. Bob Bullard
City of Deh'av Beach
Fax: 561-243-7344
Re: Lif't Stations # 3, 10, 32, 83, 88, & 105 Rehab
Dear Bob:
I am pleased to offer a quotation fbr (6) remote temfinal units (RTUs), each compatible with Delray
Beach's existing radio telemetry system, for the above-captioned locations. The RTUs are offered as
tunney products and, with the exception of conduit, transducer tapping/tubing and the Aquatape stilling
well, which is to be provided and installed by others (the contractor*), includes all necessary, installation
labor, startup and materials (wire, tie wraps, mounting hardware). Please note that this quotation does not
offer the supply of the antenna systems or any of its components, it states in the specifications that the
existing antenna Systems are to be reused. The Bill of Materials include:
(6) RTU204s - each trait i~chtdes: ,,
(1) 316 ss enclosure w/modular backplane
(1) Radio Interfiqce Module/radio
(l) Pump Control Module
(1) DC Digital Control/monitor Module
(1) Pulse Accumulator Module
(1) .&mlog Monitor lVlodule
(0) Spare module positions
(1) Power Supply Module
(1) 2.6 AH backup battery
(1) T, ipping Bucket Rain Gauge
(1) ,'~GS Aquatape
(1) 0-300 PSI Pressure Transmitter
(1) Lot spare parts (each site) (1) Radio Interfi~ce Iv[odule/radio (RIM005)
(1) Pump Control Module (PC,MOO 1)
(1) DC Digital Control/monitor Module (DCM012)
(1) Power Supply Module (PSIvI002)
* Bob, please coordinate with the contractor that they are still be responsible for the underlined items.
Data Flow Systems. Inc. * 659 Eau Gallie Blvd, · Melbourne. Florida 32935 * PH:(40T1 259-5009 · FAX(407)259-4006
This quotation, for all (6) six units, totals $ 79,560.00. Lead time is 8-10 weeks ARO. Prices are F.O.B.
job site, tenns are NET 30. This quotation xvill be honored lbr 90 days.
NOTE: Only those items listed in the Bill of Materials and only those services described above are
included in this quotation.
Thm~ for your inquiry.
Sincerely,
Data Flow Systems, Inc.
David S.
'9, alker Jr.
Sales
c:\letters\delray\6-1s-rehab\bu970317.quo
Data Flow Systems. Inc. * 659 Eau Gallie Blvd. * Melbourne. Florida 32935 ,,. PH:(~07) 259-5009 · FAX(407)259-4006
l,_ ................. "' .,,.~ 'I,'F. · ,,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MJ~IAGER~
SUBJECT: AGENDA ITEM # ~[_7 - MEETING OF APRIL 1, 1997
PAYMENT FOR SOFTWARE SUPPORT/WATER TREATMENT PLANT
DATE: MARCH 28, 1997
This is before the Commission to approve payment in the amount of
$15,594.67 to Johnson Yokogawa Corporation (sole source vendor)
for software support, service and maintenance at the Water
Treatment Plant. This support is for a period of 13 months, from
January 13, 1996 through February 13, 1997.
Johnson Yokogawa Corporation is the original contractor which
installed and implemented the software with the conversion to
lime softening in 1992.
Recommend approval of Johnson Yokogawa Corporation for software
support, service and maintenance at the Water Treatment Plant.
Funding is available from Repair and Maintenance Service - Other
Repair (Account No. 441-5122-536-46.90) and 1993 Water/Sewer
Revenue Bond - Machinery/Pump Equipment (Account No. 440-5179-
536-64.30.
Agenda Item No.'
AGENDA REOUEST
Request to be placed on: Date: March 13, 1997
_XX_Regular Agenda __Special Agenda __Workshop Agenda
Description of agenda item (who, what, where, how much): Approve payment for
software support in the Water Treatment Plant to Johnson Yokogawa Corporation (sole source
vendor) for $15,594.67.
ORDINANCE/RESOLUTION REQUIRED: YE~ Draft Attached: YES/NO
Recommendation: Manager of Water Treatment Plant recommends approval for payment.
Funding from Repair/Maintenance and Capital Outlay Improvement codes.
441-5122-536-46.90,440-517~-536~3.6.1,, ~c~-~'"~
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:
Funding alternatives: (if applicable)
Account No. & Description: qql
Account Balance: ~c~ ¢~__~
Ci~ M~ager Review:
Approved for agent:
Hold Umil: e~/~.
Agenda Coordinator Review:
Received:
Action: Approve~isapproved
MEMORANDUM
To: Jackie Rooney, Senior Buyer
From: Don Haley, Manager of Water Treatment Plant
SUB: REQUISITION//47396
SOLE SOURCE JUSTIFICATION
Date: March 24, 1997
Johnson Yokogawa Corporation was the original contractor that installed our
instrumentation and soft:ware (RealFlex), with the conversion to Lime Softening in 1992.
We have continued using them without a service agreement to hold the cost to a minimum,
(see attached).
The invoices included in this requisition are from a total of (13) thirteen months. They
include projects for the Morikami Wells and rehabilitation work at the North Repump
Station, with different account numbers.
At this time, we do not know of any other service company that can provide sol,rare
support for RealFlex, written by B.J. Software, on our QNX Operating System.
We had sent our City's M.I.S. support person, (David Miller), for training in Texas, and
provided manuals to Horton Engineering in February of this year, asking them if they
could support RealFlex. At present, M.I.S. cannot provide support and we have not heard
from Horton Engineering.
The City's maintenance group at present has purchased a new user friendly program called
"Lookout", to be used with their telemetry system. Maybe this will be our solution to the
problem of sole sourcing service.
DH:dk
cc: William H. Greenwood, Dir. Of Env. Services
Richard Hasko, Asst. City Engineer
File: req47396.doc
MEMORANDUM
TO: David Harden, City Manager
FROM: K. Butler, Buy,~~j~
THROUGH: Joseph SaUce Director
DATE: March 13, 1997
SUBJECT: DOCUMENTATION- CITY COMMISSION MEETING -
MARCH 18, 1997- APPROVE PAYMENT FOR SERVICE
AND MAINTENANCE FOR SOFTWARE SUPPORT ~
WATER TREATMENT PLANT
Item Before Commission:
The City Commission is requested to approve payment for software support to Johnson
Yok. ogawa Corporation for a total cost of $15,594. 67
Background:
Johnson Yokogawa Corporation is original contractor that installed and implemented the
software with the conversion to Lime Softening since 1992.
Several projects were required for rehabilitation work as a sole source service utilizing
this vendor for software support.
The Manager of Water Treatment Plant recommends payment to Johnson Yokogawa
Corporation for this software support. (see attached memo dated 3/7/97)
Recommendation:
The Purchasing Staff concurs with the recommendation for payment to Johnson
Yokogawa Corporation for a total cost of $15, 594. 67.
Attachments
Memo from Water Treatment Plant
cc: Jacklyn Rooney, Purchasing Supervisor
JOHNSISN
Direct Inquiries To: Robert J. Spitz
TEL: 407/678-0700
YOKI GAWA
ATTN: ACCOUNTS PAYABLE 931 South Semoran Blvd., ~208
200 $.W. 6TH STREET Winter Park, FL 32792
DELRAY BEACN, FL 33444
ATI'N: Don Haley, Oebble Koch I Operation Center No. I Account No. I Invoice Number
PHIdF X# 407-7243618/407-243-7316 31 2294530 6001.03
AND LOCATION OF PROJECT JYC JOB NO ORDERED BY INVOICE DATE
DELEAY BEACH MAINTENANCE 316001 P.O.# 0000047396 02/1 9/97
MAINTENANCE, REPAIR AND PROGRAMMING SERVICES PROVIDED PER WORK ORDERS LISTED BELOW:
WORK ORDER NUMBER DATE AMOUNT
12017 07/29/96 $540.00
14301 08/20/96 $360.00
14320 01/13/96 $990.00
14321 09/26/96 $1,830.00
14325 08/21/96 $540.00
14587 12/26196 $990.00
14588 12/23/96 $810.00
t4638 06127196 $720.00
14645 08106196 $1,260.00
14648 09/27/96 $743.67
21628 01/14/97 $810.00
21710 12/23/96 $1,440.00
21803 12/16/96 $180.00
21804 .12/20/96 $180.00
21625 \02/13197 $4,201.00
TOTAL INVOICE AMOUNT DUE $15,594.67
,JOHNSON '
. YOK GAWA
, 12017
- On. Call Service Work Order ,,
Eqa~ Ty~ S~tem ~, Se~ Note J Sew~ ~ ~r
~ Yes ~ No~
~1 N~ ~fial Numar ' ' J
~f~ Date ~me Repair Date ~me
Call D~e ~me Repair Date ~me
Date ~me Left From Date ~me
~Pa~m . : Site
A~ Date ~me H~m Min~
AtSAe ~ ~' ~5 ' ~ ~, ~ :~ ~wnSystemTime '
~ Action ~aken:/
! Continued on Form PAS 030 ~es ~No Continued on Form PAS 030 ~ Yes ~ No
Pa~ Number Serial Numbel Description Qty. Price Each Extension ' Code
$ $
$ $
$ $'
$ $
Pad'mai Price
Warranty ~ Yes ~.No Travel Regular Ove~ime
, Hours Hours Hours Total
Accommodation ~ Yes ~ No Date $~/hr $ ~ O , /hr $ /hr
Labor $ ~0, ~0 ] / /
Material $ Total Hours ~
TravelExpenses $ ~ ~ Extended
Operative Approval:
Other $ Aut.or,ze. Cu~~_ <~ X
Pnnt Name Sigh~b~e~ ~ ~
Expense Repo. A--ed~' ' '~ {' r-- TimeSheelAttached
Total: $ f~O,~0 ' ~ Yes ~No ~ Yes
~str~ut on: ' WHITE - Service Ac~unti~ YELLOW - Customer p NK - TAC GOLD - Sewice Center Printed in U.S.A.
JOHNSON
YOK GAWA wo o e, Num .r
On-Call Service Work Order 1
RJEK~t.~S~Or: I ~ ID Sew~e Ctr. No. S~e Ctr. Name
J~ Num~ C~me~ ID N~ Cust~er P.O. No. W~
~(~OOl ~ Yes ~ No
C~t~er, N~e Cust~er Name
ShipTo: ~l~ ~ BilITo: ~ ~ ~ ~.~
~¢e~ Addr~
Ci~, S~te, ~ ~ Ci~, S~te, ~p
Te~e. I E~s~n Te~one 6xtens~n
Eq~l T~ ~ I ~ Sy~em ~na~ Se~ ~te ~ ~m Nu~r
~1Nu~ Sen~ Numar J
~f~ Date m ~me Repamr Date ~me
~urred - : Sta~ ? ~ . ~ x~_ ~ ~
Call Date ~me Repair Date ~me
R~eiv~ - : Finished ~ - ~' ~ - w ~
Date ~me Left From ~ate ~me
Depa~re - : Site -
A~ m Date ~me System H~m Minutes
AtS,e f) ~ -~ ~- '~* " ~ :"~ J ~wnTime
Requirem~t/Problem: ~ , Action Taken:
Continued on Form PAS 030 ~ Yes ~ No uontmued on Form PAS 030 ' ~ Yes
Pa~ Number Serial Number Description Qty. Price Each Extension Code
$ ,$
$ $
$ ,$
$ $
$ $
J Pa~ Total Price
Travel Regular Ove~ime
Warranty ~ Yes ~ No $ Hours Hours Hours Total
Accommodation ~ Yes ~ No Date $ /hr $ ,, ~O /hr $ /hr
Product Code: ~ / Z O/~ - / /
Invoicing Summary / / / /
Labor S ~ O / / / /
Material $ Total Hours ~
~ravel Expenses $ Extended
Work Pedormed By:
Living Expenses $ ~ -~ ~' S
Mile(s) ~____ $ Operations Approval: ' {Date
Other m $ Aulhorized CustomerSi~ ~Print Name Sign, Above ' t ' ~'C ~5 ~;~0 ~O~,~',,~OiJ, Cate
Taxes
Total: $ ~~ <~ Expense~RepO~yesAttached~ NO Time Sheet~ Atlache~ye~ ~ NO
PAS 028 (W~) ~istribulion: WHITE - Service Accounling )W - Customer PI~K- TAC GOL~ - Semite Center PrinteO in U.S.A.
YOK GAWA
On-Call Se~ice Work Order [ 4 3 2 0
~ T ~ Yes
o~ ~ Le~ From
Continu~ on Form PAS 030 ~ Yes ~ No Continued on Form PAS O3O ~ Yes ~No
Pa~ Numb~ Serial Number Description OW. Pdce Each ~tension Code
I$ $
$
$ $
$ $
Pa~To~ P.ce Travel R~ular ~e~me
Warran~ ~ Yes ~ No Hours Hours Hours
Ac~mm~ation ~ Yes ~ No Date s /hr S /~r S /~r
Invoicing Summa~ / / / /
La0or $ / / / /
Mamnal $ Total Hours
Travel Expenses $ Extended
~iving Expenses $
O~rations A~roval: Dale
Total: $ ~ Yes ~ No
PAS 028 {~} Ois~Uon: WHITE - Semme A~g YE~W - Customer PINK - TAC GO~ - Se~e C~ter Pfint~ in U.S.A.
JO/HNS N
Work Order Number
On-Call Service Work Order 1 4 3 21
Reque?o~/ ~4~.~/~. LocationlO ~.~?,~F3(:~) Serv~ceCtr. No..~ ] tService'Ctr, Name~)~__~L.. Salespemon~,
Work Completed
Jo~Nu.~_ 6<~4~1 Customer ,D Number Cust°merP'O'N°'4::~.~ ~.~ [] Yes [] No
Customer Name
ShipTo: /~.~.~"/ fi~_~.~ /~.~T't~ BillTo: ~t~.~y ~_~/../ ~'~ ~--~"~K~5
oo 5~,u ~ r~.~T. ~dress '/.5¢ ~ 5"-'~/~~ A~'~
Attention:
~L~_.' ~ System~.~C~C~ Se~e~te ~ Yes ~No ~teNu~
~1 NU~ Seda Numar
V /. ~Z I~o/~Z/~
~f~ Date ~ ~ ~ Repair Dae
~r~ ~~C : S~a.e~ O S_ % G- ~ G
C~l Date ~me Repair Date ~me
R~ : Finish~
D~e ~me ~eff ~rom Date
~pa~re ~ Site
A~v~ Dae ~ Sy~em H~m Mi~
At Site : ~wn ~me
Requirement/Pr0blem: Action Taken:
Pa~ Number Serial Number Description Qty. Price Each Extension Oode
$ $
$ $
$ $
$ $
$ $
Pa~ Total Price
Warranty ~ Yes ~ No $ Travel R~ular Overtime
HOURS Hours Hours Total
Accommodation ~ Yes ~ No Date $ Iht $ Iht $ Iht
ProductCode: ~ /2 6 ~a- 9 /Z~ ~ G '/3 , /
Invoicing Summary / / - / /
Labor $ / / - / /
Ma~ $ Total Hours 6 I ~
Travel Expenses $ Extended
Living Expenses $ W°rk Pen°rm~ BY: /~~
Mile(s) ~____ $ Operations Approval: ,~~., ~i] Oat~
Authorized Custo~ignature: ~"~ {~
Other $ (" ~ ~ ~ ~ ~ Oat
Print Name Signed Abovee ~1
Expense Repo~ At~ched ~ ~ Time Sheet Attached
Tot.~: $ ~ Ye~ ~No '1 ~ Y.s ~No
PAS 028 (~94) Distribution: WHITE - e~ice Accounting YELLOW - Customer PINK - TAC GOLD - Se~ice Center Printed in U.S.A.
Feb-19-97 03:27P JYC ORLANDO 407 6787163 P.O2
Conlinued on Form PAS 030 [] Yes [] No Continued on F~'m PAS 0,:30 [] Y~ [] No
Pm1 Numbs' Serial Number Descn~ion Oly. J Price E8¢~ Ex'te~sa3n Cod~
$
$ ,
$
$
P~ToI~
w~-,ty [] Y~ [] No $
Travel
Rlgular
]-louts I-k~urs H~r$ T~I
V-'-nal $ TOtal Hours
~,- ,el Exposes $ E~end~
Tax~
YOK GAWA
On-Call Service Work Order ~. 4 5
-- ~ Yes ~ No
~: A~
~ D~e ~ Re~air Oa~e
O~ ~ Left From ~te
A~ D~ ~ Sy~ ~m M~
At S~e - : ~ ~me
Continu. on Form PAS 030 ~ Yes' ~ No ~~P ~ ~
Paff Num~ S~ Num~ Descdpti~ QW, Price Ea~ ~tension C~e
$ $
$ $
$ $
j PaSToral Price - Trav~ R.ular Ove.ime
Warran~ ~ Yes ~ NO , Hours Houm Hours
Ac~mmodation ~ Yes ~' NO Date $ /hr $ /hr $ /hr J
Invoicing Summa~. / / - / /
Mateda $ Total Hours ~
Travel Exoenses $ Extended
WO~ Pedorm~ By:
~ Living Expenses $
Mile(s) ~ ~ $ Au~oriz~ Cu~om~r~
Other $ ( [ ~ ~ ~
Pnnt N~e S~n~ A~ve ~ ~ Date
PAS O~ (~ ~n~: WHITE - S~ A~fi~ YELLOW - C~ PINK - TAC GQ~ - ~ C~le~. Pfim~ in U.~A.
/YOK GAWA
On-Call ServiCe Work Order
~. s~P
' ' ~ ~
Cai O~ ~ ~ Repair
~. / ~. ~ o. ~ /~:/ ~ ~.~.~ :
~m - : Site
At Site - : Down ~me
R~uir~t ~mblem: ~ Act~n T~:
Continu~ on Form PAS 030 ~ Yes ~No ~r~S ~ IW~
Pa. NumBer ~.~ Number Description O~. Pd~ Ea~ ~tension Code
- ~$ $
............ $_
- $ · $.
I Pa~ T~
Trav~ R~ul~ Ove~ime
Warran~ ~ Yes ~ NO $. Houm Hours Hours To~I
Accommodation ~ Yes ~ No Date $ ~r S /hr S /hr
Invoicing Summa~ I~/2 ~/~ ~ - / ~ ~ ¢~ ~
Lahor $ / / / /
Material $ Total Hours
Travel Expenses $ Extended
Worn P~o~ By:
Living Expenses $ .~ ' /~~
O.ra~s A~v,~ ~ ~ /
~OfiZ~ C~O~ ~alurs:~ .
Other $
Pdm N~e S~n~ A~e [ Date
Taxes
$
I
~ Re~ ~' I ~me S~ A~
Totab $ ~ Yes ~ No ' 'I ' ~ Yes ~ No
~AS 028 (~ ~stn~: ~1~ - ~ A~ YE~OW - C~mer. PINK - TAC GO~ - ~ Cem~ P~t~ in U.S.A.
,JOHNSON
YOK GAWA
On-Call Service Work Order
Job Numar C~r ID Nu~r Custom~ P.O. No. Wo~ ~t~
3~7 ~ Yes ~ No
~ c~ N~ ~ Cust~ N~e ~
Ship TO:
~i~ T~ S~ ~a~ ~ice Note ~ ~ ~ Numar
D
~1 N~t ~ Numar
Def~ ~te ~me Repair Date ~ / ~me
Call Date ~ ~epalr Date / ~me
R~ew~ : Finish~ /~ ~- ~ ~-
Dae ~ LeR From Date ~me
~pa~re _ : Site
A~ Dae ~me System ~m Mmut~
AtS~e ~ ~-~~ ~ ~ : ~ J ~wn~me
Requirem~t/Prob~m:~ ' Action Take~ ~ .
Continued on Form PAS 030 ~Yos ~No Continued on Form PAS 0O0 ~Yes ~o
Pa~ Number Serial Number Description Qty. Price Each Extension Code
$ :$
$ $
$ $
$ $
$ $
Pa~ Total P~ce
Warranty ~Yos ~ No $ Travel Regular Ove~ime
Hours Hours Hours Total
Accommodation ~ Yes ~ No Date $ /hr $ /hr $ /hr
Product Code:
Invoicing Summary / / / /
Labor $ ~ ~ O. O~ / / /
Material $ Total Hours ~
Travel Expenses $ . ~/ Extended
Worn Pedorm~ By:~ }
Living Expenses $ ~ ~
O.ra~s Approval: ~ ~ Date
Mile(s) ~ $ ~
Auth~ize~stomert Signatu re: ~
Other $ Print N~e~n~ Abov~ ~
Date
Taxes $ ~7-.. [~
Expense Rein Attach~~'~ ~ ~ ' ~ '-- ~ Time Sheet At,chad
Total: $ 7~ ,~ ~ Yes ~No ~ Yes ~No
PAS 028 (~94) Distn~tion: WHITE - Se~ice A~unting YE~OW - Customer PINK - TAC GOLD - ~ice Center Printed in U.S.A.
UOHNS N
' YOK GAWA Work Orcier Number
On-Call Service Work Order 14 6,4 5
Re~ i~. LocatiolzlD~_~,~ ' ~S ~;;~ SerwceCtr' N°'3) SerVJCeCtr~Name(~),~,~ (~. ,¢.~-,,~ ~ Salesberso~ ~.
Work ComCeted
Job Nu~ ~/--~ [ ~ Customer ID Number Customer P.O. No. "~ ~ ~ ~ ~ E~ Yes [] No
Customer Name . Customer Name
ShipTo: 2P~,~-¢-~- b~,.-r'/' BilITo: ~..~i¢'c,-x-,-~ i~4. c,-(-.~
City, State, ZIP
Telephone
,- . Telephone ~ ' '
Equipment Type System Designatio~ Service Note Ser'~ce Note Number
Model Number Sedal Number
Defect Date Time Repair Date ,~, ,~ !_ Time
Call Date Time Repair Date O'. ' Time
Received - : Finished '%~ '~ ._~. <_~-2 .~.
Date Time Left From Date / Time
Departure - : Site ?" ~, ~-,~_ m-,, ~ ~ : .~ ..3
Arnved Date ~" 'i [~: ,~c~ System
^tS,e D_ ~- ~ ~- ~ .~ :Time .ou~
, Down Time
Requirement/Probla
. ~ ~'j ,¢-u~,..c.~ ~-.*.-', ..~ i ..~.,?- ._; ~:~ .-~.C,-.~ c~?~.J' ~..,
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~ ~.,;z~ -.,~,~r ~., O/~.~.'~,~. ~j~ ~/ :'-ct.~,,,
.., ~ ~.~,,.,-~Z
Continued on Form PAS 030 ~ Yes ~ No Continued on Form PAS 030 ~ Yes~. No
Pad Number Serial Number Description Qty. Price Each Extension Code
$ $
$ $
$ $
$ $
$ $
Pa Total Price
Warranty ~ Yes ~ No $ Travel R~ular Ovedime
Hours Hours Hours To~I
Accommodation ~ Yes ~o Date $ /hr $ ~]~ /hr $ /hr
Invoicing Summary / / / /
Labor $ [ ~ ~ ~ ~ / / /
Material $ Total Hours t ~ /
Travel Expenses $ Extended
Liv,ng Expenses $ ; Work Pe.ormed By: ~.~ ki~,~
O~rations Approval:~ Dale
Mile(s) ~.~ $
Authorized C~omer Signat~
PrimNameSi~dA~ve ......, ~ ~. Dale ~_
Expense Repo~ A~ached ~ime Sheet A~ach~
TOt~: $ ~;~,O~ ~ Yes ~ No I ~ Y~ ~ No
PAS 028 (EN) Distribution: WHITE - Se~ice Accounting YELLOW - Customer PINK - TAC GOLD - Se~ice Center Printed in U.S.A.
,JOHNSON
YOK GAWA wo o ,Num ,
On-Call Service Work Order ~. 4 6 4-8
~ ~ ~ ~ Yes ~ No
~f~ Dale ~me Repair Dale ~me
C~l Date ~ Repair Date ~me
Date ~ Left From Date ~me
A~¢ D~e , ~me ~ System Hou~ Minut~
R~uirement/Problem: ~ Action Taken:.
Continued on Form PAS 030 ~ ~s ~ No Continued on Form PAS 030 ~ Yes ¢ No
Pad Number ~rial Number De~ription Q~. Price Each Extension Code
$ $
$ ,$
$ $
J Pa~ Total Pmce
Warran~ ~, Yes ~ No $ ~ ~' ~ ~ Travel Regular Ove~ime
Hours Hours Hours Total
Accommodation ~ Yes ~ No Date $ /hr $ ~ O /hr $ /hr
Product Code: / / / /
Invoicing Summa~ / / / /
Labor $ 72a,¢¢ / / / /
Material $ ~ ~ ¢~ Total Hours
Travel Expenses $ Extended
Living Expenses S Work P~dorm. By: ~'.~
Operalions Alproval: ~ Dal~
~thoriled Cusl~mer 8ignll~re'.
Taxes $ Print Name Sign~ A~ve"-- ~ ;~
~Zl~//~ Expe, se Repeal Attached ~ Time Sheet A,ached
Total:
$
PAS 028 (~94) Distn~tion: WHITE - Service Accounting YELLOW - Customer PINK - TAC GOLD - Se~ice Center Printed in U,S.A.
/ YOK GAWA Scheduled Se~ice Work Order 216 2 8
M~el Number / ~O J 03 ] ~ S..~ Number
Call Data : ~ ~me R~ir Date
Dale~~__ ~me Date ~me
~ Data ~me S~t~ H~m Milles
At SRe -- -- : ~n ~me
~nfinu~ on ~ PAS 0~ ~ Yes ~o ~otinu~ on ~ PAS 030 g Y~ ~o
~ Nu~m ~m N~ D~p~ ~. P~
I
~ TO~ Pd~ Travel R~u~ ~ime
Wa~W ~ Yes ~ No $ Houm H~m ~um Tot~
P~u~ C~e Sunday / /
Billin~ ~Y / /
Mat~ $ W~ / /
T~ ~ $ ~u~ / /
Mile(s) ~ -- S ~tu~ J
~er $ ~t~n~ C~om~ Signa~ Da~
P~ 029 (01~5) Oi~: WHI~ - Se~ce Accoundn[ Y~OW - Cu~m~ PINK -TAC GO~ - ~e C~ Pd~ in U~
..~OIN~N + wo,~o~..,~
K GAWA Scheduled Service Work Order
Location I0 Customer P.O. Number
Reduesto~
~ Cu~omer ID NumOer Set,ce Center Number Work Ooml~d ~Ye$ [] No
· ..-..,,,o,., ~u~L.,.,--~ ~. ~"."x;'... ~'~"~
City, Sram, Zip ,.~ ~ ~ '-~. '~ ,~- City, State, Z~p
L~
Tete~ _ , I ~xtmls~o~ Tetepl~m
I j ~etv~e Note N~
Equ~mem Type $~mm De~gnm~n serv~e Nora [] Yes [] No
Model Number t Serial Number
Dete~ Data Time _ Rel~r Date ~ / Time
Occurred -- -- : Started
Call Date ~ Time Repair Date Time
Rece~ed -- -- --- :___ Finished ,,
Date Tlme Data Time
Deoarture -- -- : Left From Site -- -- : __
An'~ Date lqme System Hours Minutes
At Site x- -- _ ~ Down Time
Reduirement~Pro~ern ..~ ,~ ? .4 - * -/ i -? .
.. . ~.
~.r~. ~,~.. ,., .; ,,
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...? .r__. . . .. _,_ __ _. . 4o
~.xbem. ne~x~ Ar, acbee C]Ye~ C~No ITime shee~ Aaact~ C]Yes
PAS 02~ (01/~S). ~ WHITE - Service Accouad~l: YI~LLC)VV - Cust~me~ PINK -TAC GOLD - Service Ca. tm' Pri~ le U.S.A.
JOHN
Work Order Number
YOK GAWA Scheduled Service Work Order 2
Requesto ~r~,,~.l..,,,o,..t ~ L~ti~ ID ~ ~t Cu~omer P.O. Numar ~ ~ ~
~Wo~C~pl~ .~Yes ~No
J~Num~r~ l~OOt
~ Cu~r ~e ~ Customer Name
A~mss ~
' Addro~
,' A~ention -.
Model Number [ Serial Number
Date ~me Re.ir Date
Call Date ~me R~ir Date .
Date ~me Date
_ _ : Le~ From Site ~ _ ~ -- ~ , .~ :
At S~e ~ ~ -- ~ ~ -- ~ ~ --~ : ~n ~me
. A~onTaken~ . ~,~ . .,
~ ~ -~ -~ - ;.~ ~ ' ~ ,~-~.~.4 f~
: * t ' ~ ~ ~ .~ , , ,
C~nu~on~PAS~ ~Y~ ~ ~ntinu~ on Form PAS 0~ ~Y~ .~No
~ ~r ~ Num~ D~on C~e
Warranty r-]Yes ~'EU~Io
Accommodation r-]Yes
Product Code
Authorized Customer Sigrteture '~"']~.~,~.. ~ .... ~ _ Date
~ ~ A~ : Yes ~ No ~ ~ s~ ~ ~ Yes
PAS 029 (01 ~S) Di~: WHI~ - ~ce A~u~ng ~OW - Cusmm~ ~NK -TAC GOLD - ~ice Cemer Pfint~ in U.S~
./?OK GAWA Sched.'ed Se ,ic. Wo,k
J~~ /g O0 I I Cust~erlONum~r Se~C~terNum~r ~ J
De~ Da~ ~me R~r Date qme
Date ~me Date
D~re -- -- : LeR From Site --
AISle ~ ~ -- ~ ~ -- , : D~me
i ' ~, ., - ...,
· F .
~nam~ ~ ~m PAS 0~ C Yes ~o ~nu~ on ~m PAS ~ ~ Y~ ~o
Wa~W UYes ~ } ~T~P~ T~I R~u~r
':c':-: - -': '4°u~ Tot~
~~ ~Y~ ~o . Date ' -~ O - O '~ '-' ~ .
Product Code Sunclay /
Billin~s. ' ~ Monday / .1 - "
Labor .... $, ', ~ ... .... ~eactay .... --..,~/,:...;. :..~: ~,.. .: -,,.
Material $ -.---~. Wed~ ..' . . ' t /- · * ,
Travel F_xper, se~ $ Thur~ / / , : .-% . . ·
-,9,...w ....
Mile(s) ,". · ~ - 7-:~ ..... __ . . . __. '" , '
Expense Re, on Attaci~ed ~qqo [ Time Sheet Attamecl
PA~ 029 (01195) Oist~buaon:, VVHITE- Se~wiceACCOurmn~. YELLOW - Customer PINK.- TAC GOLD - ,~rvica Canter R,'irl. ed in UA
Feb-19-97 03:27P JYC ORLANDO 407 6787163 P.03
AW^ Scheduled Service Work Order 2 ~. I~ 2 5
[ITY OF DELRI:IY BEI:II:H
Writer's Direct Line: (407) 243-7091
pe~LroaY~ B,eaF~
Ali. America City MEMORANDUM
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Anthony Clecldy v. City of Delray Beach - Appointment of Outside
Counsel
The City has been served with a lawsuit claiming a violation of Title VII of the Civil
Rights Act and violation of the Americans with Disability Act and related state statutes
arising from the employment of Plaintiff.
Our office recommends the appointment of the law fu'm of Carson and Adkins to
represent the City in this litigation. The firm will charge the City $100.00 per hour.
By copy of this memorandum to David Harden, City Manager, our office requests that
this matter be placed on the April 1, 1997 City Commission agenda for City Commission
cc: David Harden, City Manager
Chief Robert Rehr, Fire Department
Alison McGregor Harty, City Clerk
cleckly.sar
z.//
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2q'AGER~.
SUBJECT: AGENDA ITEM # ~ - MEETING OF APRIL 1, 1997
AWARD OF BIDS AND CONTRACTS
DATE: MARCH 28, 1997
This is before the Commission to approve the award of the follow-
ing bids and contracts:
1. Three year lease via State of Florida contract for a Xerox
Corporation copy machine for the Police Department, at a
total cost of $23,079.24 from 001-2113-521-4430.
2. Bid award in the amount of $331,909 to Molloy Brothers, Inc.
for roadway improvements on S.E. 4th Avenue between S.E. 2nd
Street and Atlantic Avenue, with funding from 228-3162-541-
61.94 and 440-5179-536-63.62 through budget transfer from
440-0000-361-10.00.
3. Bid award to Jones Chemicals and Acme Utility Products via
the City of Boca Raton cooperative bid for the purchase of
liquid chlorine, and sodium and calcium hypochlorite, at an
estimated annual cost of $96,403.50 from 441-5122-536-52.21
and 441-5144-536-52.21
4. Bid award to Atlantic Referigeration Corp. as primary
contractor and State Air Conditioning, Inc. as secondary
contractor for air conditioning services and repairs, at an
estimated annual cost of $28,825 from various departmental
operating expense accounts.
Agenda Item No.: g ~ !
AGENDA REQUEST
Request to be placed on: Date: March 24, 1997
_XX_Regular Agenda __ Special Agenda Workshop Agenda
When: April 1, 1997
Description of agenda item (who, what, where, how much): Award a three (3) year lease
contract to Xerox Corporation for a copy machine for a total cost of $23,079.24, via Florida State
Contract//600-380-97-1.
ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Three (3) year lease with Xerox Corporation, via Florida State Contract
//600-380-97-1 for a total cost of $¢3,079.~x Funding from accounL//001-2113-521-4430.
Department Head Signature:,/'~-~/_~-~ ~ ~'x~x~
Determination of Consistency with ~Jmfprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: (~%IO 4~'5z, ,i:~'7," (]Sq~"q-/ o~) C~
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
MEMORANDUM
TO: David Harden, City Manager
FROM: K. Butler,~~
THROUGH: Joseph Saff~~ance Director
DA TE: March 24,1997
SUBJECT: DOCUMENTATION- CITY COMMISSION MEETING -
APRIL 1, 1997 - APPROVE THREE YEAR LEASE CONTRACT
FOR COPY MACHINE, VIA STATE OF FLORIDA
CONTRACT #600-380-97-1 ~ POLICE DEPARTMENT
Item Before Commission:
The City Commission is requested to approve a three (3) year lease contract with Xerox
Corporation for a copy machine for a total cost of $23,079.24, via Florida State Contract
#600-380-97-1.
Backgrounck
It has been determined it would be most cost effective to replace the existing copier
because it no longer meets the needs of the Department.
The Police Department recommends the leasing of this equipment from Xerox
Corporation for three (3) years, per the Florida State Contract#600-380-97-1. (Please
see attached memo)
Recommendation:
The Purchasing Staff concurs with the recommendation for the three (3) year lease with
Xerox Corporation for a total cost of $23, 079.24.
Attachments
Memo from Police Dept. Dated March 11, 1997
Letter from Xerox Corporation Dated 3/20/97
cc: Jacklyn Rooney, Purchasing Supervisor
David Junghans, Administrative Officer
agenda, doc
Delray Beach Police Department
AJI-Amedca City
(561) 243-7888 Fax (561) 243-7816
~993
MEMORANDUM
TO: Kathy Butler, Buyer ~.
FROM: David Junghans, Administrative Officer '~'
DATE: March 11, 1997
SUBJECT: REPLACEMENT COPIER
The department has determined it would be more cost effective to cancel the contract on
the copier that is currently servicing the department's front desk area.
The present copier cost the department $590.00 a month, with an average of $130.00 per
month in additional billing because we go over the maximum of 35,000 allowed per
month. The average monthly cost is $730.00.
The copier we would like to lease will cost $641.09 per month, with a maximum number
of copies per month of 55,000. The increase in the maximum number of copies per
month will meet our monthly copying requirements. This price is from a State Contract
#600-380-97-1 (copy attached).
The cancellation of Purchase Order ~will allow for the cost of the new copier and
save the department approximately $2,500.00 this fiscal year.
DJ/ppt
Attachment
From: Sales Force Automation To: KATHY BUTLER Date: 3/20/97 Time: 10:48:28 Page I of I
XERI21X CORPORATION
TO: KATHY BUTLER
City of Delray Beach Purchasing Dept.
FROM: BRENDA JOHNSON
DATE: MARCH 20, 1997
RE: XEROX 5365F COPIER PRICING
PRESENT STATUS
Xerox 5355 Installed 1/95
Present Billing $590.00 per month
Includes 30,000 copies
Excess copies ~ $.0004
$644.10 per month~
Includes 55,000 copies
Excess copies ~ $.0003
~Your purchase order should read $641.09 per month, including 55,000
copies with excess copies ~ $.0003 since Xerox has reduced the monthly
price.
Reference the State of Florida Contract #600-380-97-1 which includes all
supplies except paper and staples. This contract expires 11/14/98.
Agenda Item No.:
AGENDA REQUEST
DATE: Merch 25, 1997
Request to be placed on:
Regular Agenda
special Agenda
[] Workshop Agenda
WHEN: ADril 1. 1997
Description of item (who, what, where, how much): Project No.: 96-012, SE 4th Avenue Roadway Improvements.
The work generally consists of the reconstruction of SE 4th Avenue be~een SE 2nd Street and Atlantic Avenue.
This project includes the construction of approximately 1500 linear feet and 200 linear feet of water main and
drainage pipe respectively. The drainage installation also entails the removal of several existing inlets and installing
various new inlets and manholes. Other construction involves the installation of a new irrigation system and
landscaping in several proposed landscape nodes.
The funding soumes for this project am as follows:
Potion of Project Funding Source Account Number Bid Amount
Paving, Drainage & Landscape DOE Bond Fund (phase II) 228-3162-541~1.94 $2~0,151.00
Water & Sewer '93 W&S Bond 440-5179-536-63.62 $71,758.00
The lowest responsible responsive bidder for this project is Molloy Bros., Inc. with a base bid in the amount of
$331,909.00.
Ordinance/Resolution Required: YES/NO Draft A~ached: YES/NO
Recommendation: Staff recommends award of~roject No~6-012, SE 4th Avenue Roadway Improvements to
Depa~ment Head Signature: ~~~ ~ ~/ CP / ~ ~
Detormination of Con~i~tene~ with Compmh~n~iv~ ~lan:
C~t~ ~ttorne~ ReviowlRoeommend~tion (if
Bud~ot Diroetor Roviow (~d on all items invoMn~ oxponditure of funds):
~ Funding available:~O
~ ~ Funding alternative~ ~ (if applicable)
~(~ Account No. & Description: 2~-3ibZ-~l ,~l-~q hOE 5~ q ~d~
Account Balance:-- --~Z~)~Z~ . ~ ~
City Manager Review:
ApprovedHold Until:f°r agenda: ~NO
~flenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
File: Project No.: 96-012 (A)
projects~96~96-012~official~612.doc
City of Delray Beach · Department of Environmental Services
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: MATT RIER, CIVIL ENGINEER ~
DATE: MARCH 25, 1997
SUBJECT: SE 4TH AVENUE ROADWAY IMPROVEMENTS
PROJECT NO.: 96-012
BID NO.: 97-11
Enclosed is an Agenda Request, Bid Tabulation, and Budget Transfer Form for the regular Commission
Meeting on April 1, 1997, requesting award of the construction contract for the referenced project to
Molloy Bros., Inc.. Based on our review, they are the lowest responsible responsive bidder and the
proposed contract amount is $331,909.00.
The work generally consists of the reconstruction of SE 4th Avenue between SE 2nd Street and Atlantic
Avenue. This project includes the construction of approximately 1500 linear feet and 200 linear feet of
water main and drainage pipe respectively. The drainage installation also entails the removal of several
existing inlets and installing various new inlets and manholes. Other construction involves the installation
of a new irrigation system and landscaping in several proposed landscape nodes.
The funding sources for this project are as follows:
Portion of Project Funding Source Account Number Bid Amount
Paving, Drainage & Landscape DOE Bond Fund (phase II) 228-3162-541-61.94 $260,151.00
Water & Sewer '93 W&S Bond 440-5179-536-63.62 $71,758.00
Please place this item on the April 1, 1997 agenda for commission approval.
Enclosures
cc: Joseph Safford, Finance Director
Richard C. Hasko, P.E., Assistant City Engineer
C. Danvers Beatty, P.E., City Engineer
File: Project No.: 96-012 (A)
proj ects\96\96-012\official\arm9612.doc
Agenda Item No.: fl3
AGENDA REQUEST
Date: 'March 26~ 1997
Request to be placed on:,
XX Regular Agenda Special Agenda Workshop Agenda
When: April 01, 1997
Description of agenda item (who, what, where, how much): Bid Award-
Purchase of Liquid Chlorine, Sodium Hypochlorite and Calcium Hypochlorite as an
estimated annual'cost of $96~403.50 via the City Of Boca Raton Co-operative Bid
#97-032. Award to Jones Chemicals and Acme Uti_!i.t.y .Prod,
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to 3ones Chemicals and Acme Utility Prod. for the purchase
of Liquid Chlorine. Sodium Hypochlorite and Calcium Hypochlorite at an estimated
annual coat of S96:AOq.5O, via City of Boca Raton Co-op Bid #97-~32.
Fundin~ from account code 441-5122-536-52,21 for $93,223.50
and account code 441-5144-536-52.~1 for
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 alternative~P.-- (if applicable)
Account No. & Description:
·Account Balance: ~ [~1,~11
City Manager Review:
Approved for agenda.: E~/ NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Supervisor ~,~
THROUGH:~Joseph Safford, Finance Director
DATE: March 26, 1997
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
APRIL 01, 1997 - BID AWARD
BID #97-032 - CITY OF BOCA BATON CO-OP BID FOR
LIQUID CHLORINE, CALCIUM HYPOCHLORITE AND SODIUM HYPOCHLORITE
Item Before Commission:
The City Commission is requested to approve the award to vendors as listed
below for the purchase of Liquid Chlorine, Calcium Hypochlorite and Sodium
Hypochlorite for the Water Treatment Plant at an estimated annual cost of
$96,403.50 for the City of Delray Beach.
Background:
The City of Boca Baton is the lead entity for this cooperative bid. Bids
were received on February 28, 1997, from six (6) vendors based on estimated
annual quantities of the participating governmental entities.
(Documentation on file in the Purchasing Office.) A tabulation of bids is
attached for your review.
The City of Boca Baton recommends award to low bidder per item. See
attached memo dated March 12, 1997, to members of the Cooperative
Purchasing Council of Palm Beach County.
The Manager of Water Treatment Plant had reviewed the bids and recommends
award to the following vendors, per the attached breakdown for the City of
Delray Beach:
Vendor: Estimated Annual Usage
Jones Chemicals $ 91,527.50
Acme Utility Prod. $ 4,876.00
Total $ 96,403.50
Recommendation:
Staff recommends the award to vendors listed above for the purchase of
liquid chlorine, sodium hypochlorite and calcium hypochlorite, at an
estimated annual cost of $96,403.50 via the City of Boca Baton Co-op Bid #
97-032. Funding from account's 441-5122-536-52.21 and 441-5144-536-52.21.
Attachments:
Tabulation Of Bids
City Of Delray Beach Requirements
Letter Dated March 12, 1997 From City Of Boca Raton
cc: Don Haley, Manager Water Treatment Plant
CITY OF DELRAY BEACH REQUIREMENTS
DESCRIPTION EST. QTY. UNIT PRICE TOTAL PRICE VENDOR
Chlorine - 1 Ton Cyliners
Water Treatment Plant 235 each x $ 374.50 ton = $ 88,007.50 Jones Chemicals
Sodium Hypochlorite p/gal. 8000 gal. x $ .44 gal. = $ 3,520.00 Jones Chemicals
Water Treatment Plant
Calcium Hypochlorite p/lb. 1600 lbs. x $ 106.00 drum = $ 1,696.00 Acme Utility
Water Treatment Plant p/100 lb.drum Prod.
Utility Maintenance 3000 lbs. x $ 106.00 drum = $ 3,180.00 Acme Utility
p/lO0 lb. drum Prod.
TOTAL $ 96,403.50
Water Treatment Plant
Acct. #441-5122-536-52.21 .......... $ 93,223.50
Waste Water Utility Maintenance
Acct. #441-5144-536-52.21 .......... $ 3,180.00
Price Breakdown Per Vendor:
Jones Chemicals $91,527.50
Acme Utility $ 4,876.00
CITY HALL · 201 WEST PALMETTO PARK ROAD · BOCA RATON, FLORIDA 33432-3795 · PHONE: (561) 393-7700
(FOR HEARING IMPAIRED) TDD: (561) 367-7046
SUNCOM: (561) 922-7700
March 12, 1997
Members of Cooperative Purchasing
Council of Palm Beach County utilizing Chlorine Bid
RE: Bid No. 97-032
Supply & Delivery of Liquid Chlorine, Calcium Hypochlorite and Sodium
Hypochlorite
Dear Members:
As the City of Boca Raton is the lead entity for this Co-op bid, attached you will find the
City of Boca Raton's Council recommendation for bid awards broken down by item.
Boca Raton does not utilize Sodium Hypochlorite, thus it was not recommended for
award.
The City of Boca Raton is recommending award to the Iow bidder per item. In case of
minimum shipping requirements as stated by vendor(s), each entity may choose to
award accordingly to their quantities and shipping minimum size requirements.
Please respond to me prior to March 18, 1997 with your award recommendations by
fax to 561-393-7983. This information will be forwarded on to the Co-op President for
submission to the awarded Palm Beach County Purchasing Cooperative vendors. The
contract period for this bid will be April 1, 1997 to March 31, 1998 with the option to
renew for three additional one year periods.
.-
If Y0.U have any questions, please contact me at (561) 393-7874.
L-yr-r-r~unkel, CPPB
Senio'T Buyer
c: City of Boynton Beach
City of Delray Beach
City of Lake Worth
City of Riviera Beach
City of West Palm Beach
South Central Regional Wastewater Treatment Plant
Village of Tequesta
Village of Wellington/Acme Improvement District
Palm Beach County, Pat Wiltse, Chairperson
Attachments
primedonrecycl:l~j~l~?OS97:chlor " AN EQUAL OPPORTUNITY EMPLOYER
Agenda Item No.: ~
AGENDA REQUEST
Date: 'March 27, 1997
Request to be placed on:,
XX Regular Agenda Special Agenda Workshop Agenda
When: April 01, 1997
Description of agenda item (who, what, where', how much): Bid Award-
Bid #97-16~ Air Conditioning Services and Repairs. Award tO A~lant~ R~fri~rat~on
CorD. as primary 'contractor and to State Air Conditioning Tnt. as secondary
contractor, at an estimated annual cost of $28~g25.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award of Bid #97-16 for Air Conditioning Service and Repairs
to Atlantic Refrigeration Corp. as primary contractor and to State Air Cond~t~on~n
Inc. as secondary contractor at an estimated annual cost of $28,~25.
Funding from various department operating expense.
pepartment 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: ~E~.S NO
Funding alternative .~ ~ , ~ ~ (if applic, ab~e)
Account No. & Description: ~q~ ~]0.~'~K~ .~C~ ~[Ltari~ ~0~.
Account Balance: ' '- -~~.__ ~0~.__ - ' '
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 Supervisor
THROUGH:~ena Walinski, Asst. Finance Director
DATE: March 27, 1997
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
APRIL 01, 1997 - BID AWARD - BID #97-16
AIR CONDITIONING SERVICES AND REPAIRS
ANNUAL CONTRACT
Item Before Commission:
The City Commission is requested to make awards to vendors for the annual
contract for air conditioning services and repairs at an estimated annual
cost of $28,825.
Background:
Bids were received on March 18, 1997, from eight (8) vendors all in
accordance with City purchasing procedures. (Bid #97-16. Documentation on
file in the Purchasing Office.) A tabulation of bids is attached for your
review.
The Director of Public Works has reviewed the bids, and recommends award to
low responsive bidder, Atlantic Refrigeration Corp., as primary contractor
and 2nd low bidder, State Air Conditioning Inc., as backup contractor if
for any reason primary contractor can not perform per specifications.
Funding for this service is from the various department operating expense
budgets.
Recommendation:
Staff recommends award to low responsive bidder, Atlantic Refrigeration
Corp., as primary contractor and 2nd low bidder, State Air Conditioning
Inc., as backup contractor, at an estimated annual cost of $28,825.
Attachments:
Tabulation Of Bids
Recommendation Memo From Deputy Director Of Public Works
cc: Hoyt Owens, Deputy Director Public Works
Jim Schmitz, Interim Superintendent Streets And Traffic
MEMORANDUM
TO: Jackie Rooney, Purchasing Supervisor
FROM: Hoyt Owens, Deputy Director of Public Works ~
Jim Schmitz, Interim Superintendent Str~Traffic
DATE: March 26, 1997 f REOEIVED
SUBJECT: AIR CONDITIONING AND HEATING NAI~ 2 $1997
ANNUAL SERVICES CONTRACT ~CHASI~, ~
BID NO. 97-16
We have reviewed the bid tabulation documents and concur that Atlantic
Refrigeration Corporation, Delray Beach, is the lowest and most responsive
bidder.
It is our recommendation to award this annual contract to Atlantic Refrigeration
Corporation as the Primary Contractor.
Consistent with previous years, we are also recommending that a Secondary
Contractor be designated. Based on the bid tabulation documents, State Air
Conditioning Incorporated will be the Secondary Contractor.
After City Commission approval and execution of the contract documents by
the designated vendors, please provide copies of the contracts for our
departmental file.
If you have any questions, please call.
HO/sdl
Attachment
c: Robert A. Barcinski, Assistant City Manager, w/o attachments
Contract File
REF: HO/032697D.MEM
CITY OF DELRAY BEACH
TABULATION OF BIDS
AIR CONDITIONING SERVICES AND REPAIRS
BID #97-16
March 18, 1997
Atlantic State A/C American Engineered
Item Refrigeration Inc. Cooling Comfort
# Description Corp. Systems
I. - HOURLY RATE OF LABOR
A. 8:00 A.M. TO 5:00 P.M. 38.00 / 35.00 / 34.00 / 44.00 /
(Monday - Friday) 3800.00 3500.00 3400.00 4400.00
1) Lead Technician/Journeyman
Est. 100 Hours Annually *
2)!Apprentice/Helper 12.00 / 20.00 / 24.00 / 26.00 /
Est. 50 Hours Annually *
600.00 1000.00 * 1200,00 1300.00
B. AFTER HOURS (OVERTIME /
EMERGENCY CALLS)
25.00 / 35.00 / 34.00 / 66.00 /
3) Lead Technician/Journeyman 375.00 525.00 510.00 990.00
Est. 15 Hours Annually~*
4) Apprentice/Helper
10.00 / 30.00 / 24.00 / 39.00 /
Est. 5 Hours Annually *
50.00 150.00 120.00 195.00
II. PERCENTAGE MARK-UP (PARTS AND~MATERIALS)
5) Total Est. Amount Spent 20% / 20% / 24% / 20% /
On Materials Annually - 4000.00 4000.00 4800.00 4000.00 *
($20,000 x Percentage
Mark'Up):
6) Total Est. Ammount Spent
On Materials + Total
24,000.00 24,000.00 24,800.00 24,000.00 *
Annual Mark-Up For
Materials = *
GRAND TOTAL BID PRICE
GROUPS I & II $28,825.00 $29,175.00 $30,030.00 $30,885.00
(Item 1,2,3,4, & 6)
Acknowledged Did~%~ot~A~know Acknowledged Acknowledged
COMMENTS /.EXCEPTIONS Receipt of ledge'sRec~ipt Receipt of Receipt of
Addendum #1 Addendum #1 Addendum #1 Addendum #1
· Bidder made *Bidder made
error in error-in~
calculation of calculation
his bid. of ~his bid.
CITY OF DELRAY BEACH
TABULATION OF BIDS
AIR CONDITIONING SERVICES AND REPAIRS
BID #97-16
March 18, 1997
Hill York Van's Hyvac Air E.C. Stokes
Item Service iComfortemp Conditioning Mechanical
# Description Corporation Air Cond. Services Contractor
I. - HOURLY RATE OF LABOR
A. 8:00 A.M. TO 5:00 P.M.
(Monday - Friday) 39.45 / 45.00 / 45.00 / 42.00 /
1) Lead TechniCian/Journeyman 3945.00 4500.00 4500.00 4200.00
Est. 100 Hours Annually *
2)'Apprentice/Helper 35.00 / 25.00 / 25.00 / 33.00 /
Est. 50 Hours Annually * 1750.00 1250.00 1250.00 1650.00
B. ~FTER HOURS (OVERTIME /
EMERGENCY CALLS) 58.25 / 45.00 / 60.00 / 60.00 /
3)'Lead Technician/Journeyman 87·3.75 675.00 900.00 900.00
Est. 15 Hours AnnUally-*
4)' Apprentice/Helper 49.00 / 25.00 / 35.00 / 50.00 /
Est. 5 Hours Annually * 245.00 125.00 175.00 250.00
II. PERCENTAGE MARK-UP (PARTS AND.MATERIALS)
5)~Total Est. Amount Spent
On Materials 'Annually ' 20% / 25% / 25% / 25% /
($20,000 x Percentage 4000.00 5000.00 5000.00 5000.00
MarkaUp):
6) Total Est. Ammount Spent·
On Materials + Total 24,000.00 25,000.00 25,000.00 25,000.00
Annual Mark-Up For
Materials = *
GRAND TOTAL BID PRICE
GROUPS I & II $30,813.75 * $31,550.00 $31,825.00 $32,000.00
(Item 1,2,3,4, & 6)
Acknowledged Acknowledged ~cknOwledged kcknowledged
COMMENTS /.EXCEPTIONS IReceipt of receipt of Receipt of receipt of
Addendum #1 Addendum #1 ~ddendum #1 ~ddendum #1
· Bidder made
error in
· calculation of
his bid.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITYMJ~AGER~
SUBJECT: AGENDA ITEM # ~ - MEETING OF APRIL 1, 1997
BID AWARD FOR SOFT DRINK VENDING SERVICES
DATE: MARCH 28, 1997
Attached is the Purchasing Division's bid tabulation for our soft
drink vending service, together with recommendations from Brahm
Dubin and the Parks and Recreation Department.
The revenue from commissions as projected in the bid documents
submitted is shown on Purchasing's bid tabulation. There is an
obvious discrepancy since both vendors are projecting essentially
the same commission revenue, even though Pepsi is offering a
commission percentage roughly double that of Coca-Cola. Based on
our calculations, it appears that Pepsi has understated or
miscalculated their commission revenue projection. The recommen-
dations from Mr. Dubin and the Parks and Recreation Department
are based on assuming equal sales volumes for both vendors, and
recalculating the projected commission revenue based on the
commission percentaqe bid by Pepsi.
I have also attached Coca-Cola's bid documentation of the
promotional items for our tennis tournament. The Pepsi bid
offers $10,000 to $22,000 more in cash each year, but Coca-Cola
is offering $71,000 annually in promotional items for a tennis
tournament.
While the value of the promotional items offered by Coca-Cola can
be debated, I do believe it outweighs the additional cash offered
by Pepsi. This is especially true because they will help us get
additional tennis tournament sponsors. I recommend that the bid
be awarded to Coca-Cola.
CITY OF DELRAY BEACH
TABULATION OF BIDS
BID %97-17
SOFT DRINK VENDING SERVICE
Fuz~RCH 24, 1997
FLORIDA COCA-COLA PEPSI-COLABOTTLING
VENDOR: BOTTLING COMPANY
ANTICIPATED SALES 495 CASES 423 CASES
VOLUME PROJECTION P/MONTH P/MONTH
A_ND ANTICIPATED (ADDENDUM "B" TO CONTRACT) *1) SELLING ALL CANS
REVENUE TO CITY $10,311 CURRENT EQUIPMENT (EXISING VOLUME)
$ 2,160 INCREMENTAL EQUIP. $9,170
.................. *2) SELLING ALL CANS AND
* $12,471 TOTAL 20 OZ. (1/2 OF SALES
CAN SODA & HALF
20 OZ.) $10,958
*3) SELLING ALL 20 OZ.
(EXISING CONVERSION
OF CAN SODA VOLUME)
$12,746
PROFIT (COMMISSION) 12 OZ. SOFT DRINKS 15% 12 OZ.CAN SODA 33%
TO CITY PER UNIT 11.5 OZ. JUICE 12% 20 OZ. BOTTLE SODA 33%
SOLD - % OF 16 OZ. BOTTLED WATER 12% 11.5 OZ. JUICE 20%
NET SALES 20 OZ. SOFT DRINKS 15% (ABOVE FOR EMPLOYEE
11.50Z ISOTONICS 12% LOCATIONS) **
ADVERTISING -
PROMOTIONAL ITEMS:
PARKS AND RECREATION * $15,000 P/YEAR $15,000 P/YEAR
VALUE ESTABLISHED
IN SPECIFICATIONS
TENNIS CENTER * $25,000.00 $35,000.00
PROMOTIONAL EVENTS MEN'S CHALLENGER MEN'S CHALLENGER
$71,000 PROMOTIONAL -
ADDENDUM "C" TO CONTRACT)
VENDING MACHINES TO FLORIDA COCA-COLA PEPSI-COLA BOTTLING
TO FILLED BY
MONEY SHALL BE FLORIDA COCA-COLA PEPSI-COLA BOTTLING
COLLECTED BY
COMMENTS / ESTIMATES ANNUALLY DURING ** PUBLIC LOCATIONS
EXCEPTIONS LIFE OF CONTRACT 12 OZ. CAN SODA 33%
$123,471 - BREAKDOWN AS 20 OZ. BOTTLE SODA 33%
FOLLOWS: SPONSORSHIP 20 OZ. BOTTLE SODA 50%
$25,000, MEDIA SUPPORT 11.50Z JUICE 20%
$20,000, IN-STORE CHAIN 16 OZ. JUICE 30%
PROMOTION $30,000,
VACATION GIVEAWAY $1,000
TRUCKBACKS $30,000, PARKS
AND RECREATION PROMOTIONAL
ITEMS $15,000
ANNUAL * $123,471.00 *1) $59,170.00
*2) $60,958.00
*3) $62,746.00
TOTAL FOR 3 YEAR *1) $177,510.00
TERM OF CONTRACT $370,413.00 *2) $182,874.00
*3) $188,238.00
03/~5/1SS7 02:2B 407243738B DELR~¥ BE~CH ~OLF CL P~GE 01
COKE VS. PEPSI
3 YEAR COMPARISON
COKE PEPSI
1. PARKS & REC PROMOTION $ 45,000.00 $ 45,000.00
2. VENDING COMMISSIONS (12%-15%) (20%-33%)
ESTIMATE $ 37,413.00 ESTIMATE $ 75,000.00
3. TITLE SPONSORSHIP
CASH $ 75,000.00 $ 105,000.00
PROMOTION SUPPORT $213,000.00 * $ -
TOTAL VALUE $ 370,413.00 $ 225,000.00
*THIS PROMOTION SUPPORT ASSISTS US IN SELLING TICKETS TO THE
NUVEEN TOURNAMENT, AND SELLING ADDITIONAL SPONSORSHIPS
TO OTHER NON COMPETING COMPANIES.
PREPARED BY: BRAHM DUBIN
DATE: MARCH 25, 1997
BRAHM DUBIN RECOMMENDS THE CITY OF DELRAY ENTER INTO
CONTRACT WITH FLORIDA COCA COLA BOTTLING COMPANY.
MEMORANDUM ~ 2 ~ ~
TO: Jackie Rooney, Purchasing S ervisor
THRU: Joe Weldon, Director ep~t.
Parks and Recreation
FROM: J. Dragon, AssistantDirector ,~,~--
Parks and Recreation Dept.
DATE: March 26, 1997
SUBJECT: Soft Drink Vending Service
Upon review of the bids submitted to provide soft drink vending services for the
City of Delray Beach I feel the bid submitted by the Pepsi-Cola Bootling
Company is the best responsible bid for the City for the following reasons. The
actual cash payments to the City over the first three years of the contract by
Pepsi-Cola, according to the attached tab sheet, total over $67,000. more than
the cash payments from Coca Cola. While the Coca Cola bid provides for an
additional $71,000 per year in promotion support for the 1997 Men's Tennis
Challenger Tournament, there basically is no way to determine the exact value
since there was no detail breadkdown submitted other than general categories
where the funds would be spent. Further, I don't understand why Coca Cola is
providing these promotions for two additional years since the bid specs
requested sponsorship for just the 1997 tournament According to discussions
at the pre-bid conference there was no guarantee that this would be an annual
tournament. These two additional years of promotions for tournaments that may
not happen are the differences in the bids, and that is why I feel the Pepsi Cola
bid is the best, responsible bid. I would be in favor of rejecting these bids and
rebid the vending service with a clarification regarding the tournament dates,
and requiring a more detailed breakdown of any promotional items.
cc: Joe Safford, Finance Director
File
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJ.,CT: AGENDA ITEM # 9~ - MEETING OF APRIL 1, ~997
ADDITIONAL MATERIAL FOR THE SOFT DRINK VENDING SERVICES
DATE: MARCH 28, 1997
Attached is additional material relating to the bid award for
soft drink vending services; item 9.A. on the agenda.
TOI "R
(~HAMPION~. OF TENNI~
To: Brahm Dubin
From: Brett Weinroth cc'. Ray Benton
Joe Casa[e
Date: March 27, 1997
Re: Delray Beach. C.h,a~.. pions Event , ,, ,
la follow up to our conversation, we are revising the letter a~greement to retie, ct the terms of our
discussions and we will be forwasding it to you shortly for your review and signature.
Additionally, we a~e impressed with the commitment that the Florida Coca-Cola Bottling
Company has made towards the Delray Beach Municipal Tennis Ccnter and our l~nding event.
Their sponsorship dollars axe a significant contribution and ~ultill one quarter of your Support
Sponsor commitment to the event_
More Jmpoztantly, Coke's commitment to significant marketing support will be of tremendous
value :o the event. Not only will their support provide excellent exposure for the event and help
sell tickets, but this additional promotional help will provide a boost in selling the Title
Sponsorship of the event.
The [e~aue from the Title Sponsor goes to the bottom line m which the City of Delray Beach
pa~cipates_ As we arm in a fixed cost business, once the event breaks even, 30% of all tm[
profits go to the City of Delray Beach.
We usually guarantee Title Sponsors a minimum of $100,000 marketing exposure (cash plus
promotions) in the local market- However, Coke's commitment will provide additional
marketing support to offer a potential Title Sponsor so we cad raise the minimum commitment to
$200,000. The name of the event will appe,,r in Coke's promotions ~a~d the association of the
Title Sponsor with Colic could be synergistic_
You and Joe must feel strong about Coke's bid, as well as thc level of success for the Nuveen
Tour event, be, cause you are sacrificing your short-term interest (i.e., additional cash ~p front
from Pepsi) to benefit on the back end for d~e event and the City.
Keep us updated on any t'mtber progress and let us l~now if we can be of further assistance. We
look forward to working with you on a successful event.
1320 l~th Street NW · 'S~'ite 100 · Washington. DC 20036
Tel: (202) 785-4464 Fax: (202)7854468
aO 39~d 39 ~309 HD~3a A~8930 9B£i£~alg§ 6I:C~ Z66I/I£/EO
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~Q~
SUBJECT: AGENDA ITEM # /~- REGULAR MEETING OF APRIL 1, 1997
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: MARCH 27, 1997
Attached is the Report of Appealable Land Use Items for the
period March 17 through March 28, 1997. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Staff requests that the Commission appeal the conditions of
approval imposed by the Site Plan Review and Appearance Board on
the site plan for the proposed public beach parking lot located
on the west side of A1A, north of Atlantic Avenue. The
conditions of approval are attached. Specifically, we are asking
that condition #5 be appealed to the regular meeting of April 15,
1997. Condition #5 requires that a gate be provided in front of
the lot to be opened or closed, pursuant to the City Commission's
discretion. Given the shortage of parking in this area, staff
does not feel it would be prudent to limit the hours of operation
by means of a gate. Furthermore, the existing parking lot which
serves this area has operated for many years without being gated,
and is sometimes used for evening parking.
Recommend appeal of SPRAB item #10 relative to the conditions of
approval for the Public Beach Parking Lot, and accept the balance
of the actions and decisions contained in the report.
ref:agmemo6
SITE PLAN REVIEW AND APPEARANCE BOARD
REGULAR MEETING OF MARCH 19, 1997
CONDITIONS OF APPROVAL
A. Fire Station #2 Beach Parking Lot: West Side of North Ocean
Boulevard (A-l-A). Approximately 600 Feet North of East Atlantic
Avenue: Site Plan. Landscape Plan and Wall Elevations Associated
with a Proposed Public Parking Lot: Dan Beatty. Authorized Agent.
It was moved by Ms. Shutt, seconded by Mr. Carter and passed 5-
0 to approve a waiver to LDR Section 4.6.9(D)(3)(c)(1), from the
provision of a 20' stacking distance based upon a positive finding
with LDR Section 2.4.7(B)(5) subject to the following condition:
1. That a 20' stacking distance be provided if A-1-A is widened.
It was moved by Mr. Carter, seconded by Mr. Sittler and passed 5-
0 to approve a waiver to LDR Section 4.6.16(H)(3)(d), to allow a
reduction of the perimeter landscape strip width from the required
5' to 31/2' along the south property line based upon a positive
finding with LDR Section 2.4.7(B)(5).
It was moved by Mr. Carter, seconded by Mr. Sittler and passed 5-
0 to approve a waiver to LDR Section 4.6.16(H)(3)(a) from the
provision of a 5' landscape strip along the east property line,
adjacent A-1-A right-of-way based upon a positive finding with LDR
Section 2.4.7(B)(5).
It was moved by Mr. Sittler, seconded by Mr. Little to approve the
Site Plan for the public parking lot based upon positive findings with
respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive Plan and
Section 2.4.5(F)(5) subject to the following conditions:
1. That site lighting locations be noted on the plan and
approved by SPRAB.
2. That a ramp at the location where the 7' paver sidewalk
meets A-1-A be shown on the plan.
3. That the parking detail be amended to remove compact
parking space detail.
4. That a sign for "No Parking Turnaround Area" be provided at
the western most parking space.
5. That a gate be provided in front of the lot to be opened or
closed, pursuant to the City Commission's discretion.
6. That elevations showing details of the 6' wall be approved
by SPRAB.
Upon roll call the Board voted as follows: Ms. Shutt - Yes; Mr.
Sittler- Yes; Mr. Carter- Yes; Mr. Little- Yes; Mr. Sheremeta -Yes.
Said motion passed with a 5-0 vote.
It was moved by Mr. Carter, seconded by Mr. Sittler and passed 5-
0 to approve the Landscape Plan for the public parking lot based
upon positive findings pursuant to LDR Section 4.6.16, subject to
the following condition:
1. That site lighting locations be noted on the landscape plan
be approved by SPRAB.
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: /A~ASMIN ALLEN, PLANNER
SUBJECT: /MEETING OF APRIL 1, 1997 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
MARCH 17, 1997 THRU MARCH 28, 1997
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of March 17,
1997 through March 28, 1997.
This is the method of informing the City Commission of land use actions,
taken by designated Boards, which may be appealed by the City
Commission. After this meeting, the appeal period shall expire (unless the 10
day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It also
provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on the next meeting
of the Commission as an appealed item.
City Commission Documentation
Appealable Items Meeting of April 1, 1997
Page 2
A. Approved with conditions on a 5 to 0 vote (Schwartz and McCarthy
absent), a modification of the conditional use to allow the construction
of a parking lot and a butterfly garden with gazebo at the Wayside
House, located on the west side of N.E. 6th Avenue, north of N.E. 3rd
Street.
B. Approved (5 to 0), on a temporary basis (until July 22, 1997) the
conditional modification use pertaining to the elimination of the 4-
space parking lot along N.E. 2nd Street at the Crossroads Club,
located at the southwest corner of N.E. 2nd Street and N.E. 4th
Avenue. The parking area has been replaced with an outdoor
waiting/smoking area. The temporary approval period is based on a
condition of the original conditional use approval which required either
formal off-site parking and lease agreements or an alternative parking
plan to be in place by July 22, 1997.
C. Denied on a 5 to 0 vote a request for a determination of similarity of
use for body art (tattoos) in the CBD (Central Business District). The
Board requested that staff come back with a proposal to possibly
allow body art as a conditional use in other zoning districts.
D. Initiated on a 5 to 0 vote a Land Development Regulation amendment
to the CBD (Central Business District) regulating the rental of sporting
goods and equipment (i.e. bicycles, in-line skates, etc.).
The following items which were considered by the Board will be forwarded to
the City Commission for final action.
· Recommended approval (3 to 2, Schmidt and Carbone dissenting),
of a Future Land Use Map Amendment from County MR-5 to City
Medium Density Residential (5-12 du/ac) and associated annexation
with the establishment of initial zoning of RM-8 (Medium Density
Residential - 8 units per acre) for Pathways to Recovery, Inc.,
located on the east side of Barwick Road, approximately 250 feet north
of Sabal Lakes Road.
· Recommended approval (5 to 0), of a conditional use request to allow
the establishment of a bowling center within the Delray Square
Shopping Center (former Ames Department Store), located on the
east side of Military Trail, north of Atlantic Avenue.
City Commission Documentation
Appealable Items Meeting of April 1, 1997
Page 3
· Recommended approval (5 to 0), of a rezoning request from CF
(Community Facilities) and RR (Rural Residential) to RM-7 (Medium
Density Residential -7 units per acre) for Coral Trace (Sned property),
a multi-family development generally located north of West Atlantic
Avenue, between High Point and Sudan subdivisions.
· Concurrently the Board tabled the preliminary plat request to allow the
Site Plan Review and Appearance Board's action on the site plan to
precede action on the plat. However, the Board did approve on a 4 to
1 vote (Eliopoulos dissenting) the following waivers:
· A reduction in the right-of-way width for the internal access tract
adjacent to the duplex units from 60' to 50'.
· A reduction in the right-of-way width for the access tract adjacent to
the townhome units from 60' to 24'.
· A reduction in the pavement width for the 50' right-of-way from 24'
to 22'.
· The elimination of a sidewalk along one side (west side) of the
access road and entrance to the development.
· Recommended approval (5 to 0), of a Future Land Use Map
Amendment from Transitional to General Commercial and Rezoning
from POD (Planned Office District) and RM (Medium Density
Residential) to SAD (Special Activities) with attendant site plan for a
parcel of land located at the northeast corner of S. Federal Highway
and Avenue "G" (Fronrath Vehicle Sales).
· Continued on a 5 to 0 vote a rezoning request from A (Agricultural) to
RM (Medium Density Residential) for a parcel of land located on the
north side of Old Germantown Road, east of Spanish Wells
Condominium.
· Recommended approval (5 to 0) of an amendment to the Land
Development Regulations establishing specific requirements for the
installation of telecommunication towers and antennas.
City Commission Documentation
Appealable Items Meeting of April 1, 1997
Page 4
1. Approved with conditions (4 to 0, Andrews and Pakradooni absent;
Little stepped down) a fiat wall sign for Musician's Exchange,
located on the north side of East Atlantic Avenue, east of N.E. 2nd
Avenue.
2. Approved (5 to 0), a flat wall sign for Regal Cinema (The Plaza at
Delray), located at the northwest corner of Federal Highway and
Linton Boulevard.
3. Approved (5 to 0) a fiat wall sign for Smith Gardner, within the
Arbor Office Park, located on the east side of Congress Avenue,
south of Linton Boulevard.
4. Approved (5 to 0) a request for a color change for the Pineapple
Grove Main Street Office located on the east side of Pineapple
Grove Way, south of N.E. 2nd Street.
5. Approved (5 to 0) a request for color changes for several existing
commercial buildings within Pineapple Grove - Pineapple Grove
"Paint the grove Floribean", located on the east side of Pineapple
Grove Way, between N.E. 1st Street and N.E. 2nd Street.
6. Denied (5 to 0), a request for a change in the architectural
elevation associated with a mural on the south face of the Florida
Sheriffs Youth Ranch building located on the west side of North
Federal Highway, south of N.E. 14th Street.
7. Approved (5 to 0), the architectural elevation plan for Daughter of
Zion Junior Academy, a proposed private school to be located on
the west side of N.W. 3rd Avenue, between Martin Luther King
Boulevard (N.W. 2nd Street) and N.W. 3rd Street. The site plan
and landscape plan were previously approved by the Board.
8. Approved (5 to 0), a request for a color change at the Morrison's
Cafeteria within the Plaza at Delray, located on the northwest
corner of Federal Highway and Linton Boulevard.
City Commission Documentation
Appealable Items Meeting of April 1, 1997
Page 5
9. Approved (5 to 0), a change in the architectural elevation to allow
the screening of a roof top air conditioning unit, at Chevron IJ.S.A.,
located at the northeast corner of N.E. 6th Avenue (northbound
Federal Highway) and East Atlantic Avenue.
10. Approved with conditions (5 to 0), the site plan landscape plan and
wall elevations for the Public Beach Parking Lot, located on the
west side of A-l-A, north of Atlantic Avenue. Concurrently, the
Board approved several waivers, namely;
· A reduction of the perimeter landscape strip from 5' to 3 1/2'
along the south property line.
· The requirement for a 5' landscape strip along the east
property line adjacent to A-I-A right-of- way.
· The requirement for a 20' stacking distance at the entrance
on A-I-A (with the provision that the stacking distance be
provided if A-I-A is widened).
X. Approved (6 to 0), the demolition of a non-contributing cottage on the
rear of the lot located at 6 S.E. 1st Street. Concurrently, the Board
tabled the request to allow the construction of a wood perimeter
fence.
Y. Denied (6 to 0), the Certificate of Appropriateness for a 4' high chain
line fence in the front yard for a single family residence located at 708
S.E. 3rd Street. Concurrently, the Board approved a change to the
architectural elevation plan regarding the windows along the north
building face.
Z. Approved on a 5 to 0 vote (Damiano abstained), the Certificate of
Appropriateness associated the replacement of a free standing sign at
102 N. Swinton Avenue (Law Offices of Weiner, Morici & Aronson).
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
OF APRIL 1, 1997
L-30 CANAL
o LAKE IDA ROAD
.r ....... Nw
i ATLANTIC AVENUE
LOWSON BOULEVARD
-r
LIN TON BOULEVARD
?
L-38 CANAL C-15 CANAL
c~u,,,s ........... S.P.R.A.B. P. &: Z.
1. - MUSICIAN'S EXCHANGE A. - WAYSIDE HOUSE
2. - REGAL CINEMAS (THE PLAZA AT DELRAY) B, - CROSSROADS CLUB
i MILE
I ,3. - SMITH GARDNER
I
4. - PINEAPPLE GROVE MAINSTREET OFFICE H.P. B,:
SCALE: 5. -- PINEAPPLE GROVE "PAINT THE
GROVE FLORIBEAN" X. - 6 S.E. 1ST STREET
I~,l 6. - SHERIFF'S YOUTH RANCH (COMMUNITY Y. - 708 S,E. 3RD STREET
IN
MURAL PROJECT IV) Z. - 102 N. SWlNTON AVENUE
~ 7. - DAUGHTER OF ZION JUNIOR ACADEMY
CITY OF' DELRAY BEACH, FL 8. - MORRISON'S CAFETERIA
PLANNING DEPARTMENT 9. - CHEVERON U.S.A.
-- D/G//',a./. 8a.5£ ,~IP $)"$7£M -- 10. - FIRE STATION ~ 2 (BEACH PARKING LOT)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Iw~h_NAGER~
SUBJECT: AGENDA ITEM #-'--~'C - MEETING OF APRIL 1, 1997
REQUEST FOR ADDITIONAL FUNDING/LEE'S CROSSING
DATE: MARCH 28, 1997
This is before the Commission to consider a request from Four
Waves Enterprises, Inc. for an additional funding contribution
toward the cost of off-site improvements at the Lee's Crossing
development located on the west side of Gallagher Road, west of
and adjacent to the Kingsland Pines subdivision.
The original agreement between the City and the developer clearly
states that participation by the City would not exceed $33,333.
Staff feels that the developer should have requested an amendment
to the agreement with the City prior to commencement of the work.
As to the entrance modifications and the asphalt overlay of
Franwood Drive, these are County requirements and not the
responsibility of the City.
I do not feel the City should bear any additional cost for
off-site construction. I do feel that the five percent review
and inspection fees as well as the Building Department processing
fee could be refunded for those improvements.
12723/96' - Dan Beatty
Mr. Harden needs your ~ fi~UR WAVES
recommendation on this
by 01/02/97 so that he ~
can take it to the
01/07/97 City Commission.
December 13, 1996
~v
Mr. David T. Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
Ii was a pleasure meeting with you and Mr. Church on Wednesday a~ernoon. As we stated, this
letter is being written to follow up on the issue of the off-site sewer improvements which were
required for our Lee's Crossing subdivision.
When it was determined by all parties involved that we would need to come down Franwood
Drive in order to provide sewer to our property, an agreement was reached between the City and
ourselves to share in the cost of these improvements, as the City was going to receive a benefit
from the installation of sewer services to the 26 homes on Franwood Drive for potential hookups
to Delray Beach. Unfortunately, the costs related to this project were grossly underestimated for a
number of reasons, one of which relates to Palm Beach County requirements such as the complete
asphalt overlay of Franwood Drive as well as a redesign of the Franwood DrivdGallagher Road
intersection. The estimated cost agreed to prior to construction was $100,000, split between hard
construction cost of $85,000 and soft costs of $15,000. The actual costs ended up being
$145,301.70, split between hard construction cost of $131,511.70 and soft costs of $13,790.00.
The difference comes to $45,301.70.
We respectfully request the City to consider broadening our agreement to incorporate the entire
cost of the project, prorating same based on the original formula in the agreement. We believe
that tbJs would be in ~ccordance v,4th the sp~,rit of the agreemem as originally conceived.
Thank you for your consideration in this matter. We look forward to heating from you soon.
Robert ~,. Rickel
President
cc: Gerry Church
5701 NORTH PINE ISLAND ROAD ° SUITE 390 · TAMARAC, FL 33321
'" ' " "ENTERpRiSES, :'/Nc: ~: t ,.":, ":,,' j." ""'" :," '
'January 20,. 1997 ..... .-: .-
~'----"---v. Beach - ..... - ' :- '
~ ' ' ',-- - : .', .' · '~ '. ~"'"-',i-.~." ~ '" . ..... -' '_ ' ': - - ' ' ': ,- .... ' .... ' .... ",. ' ' ", ~ · :.;.. : .~."" · '
'"-~ '-"' ;--"'- "' .... ' .... ' """ '-"-'"-" -' -" ""-' ed'/h '
"'. "'. . :,. "-" :, .:" .,.'.:L '. ,,As an'addendum to .my i· er.to.you on January:17th.. which detail ' e' .... '.
' ::j ':,:: .. :... haiZd COsts' relative t° the above. Pr0jeci the folloWing details the. n°n:constmction.-i:~its ' "
· .r i:' ::i: ~ ' ':': inv01ved,--which-Were included' in the City/Developer ~reement~? They' are':!itemized as -'.
~..'~ ..... .: :_ follows: ,-.cY. .~. :. - ., ' .... "' ..... .7- . .... : :.- ' :: :.~.-. _, :~,.: -- . -" .......
..: ' :j',: '". '.-':: :: *'::jEnsineering Services, by Consulting Civil-Engineer, Gerald'B. Church. P:E.'in',. ' '-
...:. j.:..: .. the amount of $12,000,00 ;':'- :' ' -, ," ..':."-"- ' .... "'~ ':.,-"-' :""-- -" :~_..'
~..: .:... ....... - * .' City :Engineering Plan. Review & InspeCtion Fee;. '5%' 6e Engineer's .Estimate, i: "'
"'"~"' . for th~ ~°unt Of $5,660100 ' '---'..: ..-'. ; :.. -:'. -
.._ : :,'~. $1,047. I0 . :. ~i: .: ,. ':. :-. ,.. .... ,",:...'-,,- : '.., : -, -::-i"-:' . :~::~':.'../:; ,-i..'": .,f. :". ': '..
'. '_' ,. ":i,:.'..' ':. :.*.. SUrveYing-for sewer line stake-OUt and a-builti:dra'wing~?for'.an,arh0unt"of. :' i-i.'-:",- .-'.
· . .... .. $?10.00. ~ ,..'..'~:.'."".:' ,-....-. .... -~... ::,. '...: .,....... ,:..': ..' :~ -.;._-: . .~j:¥..-.. .... : _,.-,-.:..:.. ...,. -::,.:,
-', :'-'-'-.':." - '-:.'.' "'i ':... Insummary, the total Paid for non-construction (s6ft) costs for EngineerinS-.::
'....: .-.- :'.ServiceS, Sury. ejing, City-Engineerins!Plan Review/. Inspection: Fee' and BuildinS Division :..
· .._ ':: ....::' .:"; .prOcessing'F. ees Was..$19,417..10. MyOriginat letter of December'.13; '1996 to.Mr: Harden i';.'i':i'
- ' ' ;miScalculated the soft COsts kt $13,790.00. Th~ foreg0ing is noW-~telystatedJ":,'?.'..~-.":il/.:' >"'.: :' :
.,: :'."': '.";' -} iff': :'~j'' '-:'.~ 'AS, Y°u are a{yarc we have requested' a r~view 0fthe City. fees that'Were paid,:' ":i.'".:
.... 'and we'understand that this'is' preseiifly und~-considerati°ri..: .:" "- ~' '.': ,: ':-':: '"-' '
:-'-' ' ' Should you have any questions regarding the above please .feel free to contact '- '
... ~. .'., the undersigned, . '_ .... . .... ..'-:.-,. - ,-., .
,' -,:..:,!-:'.:",_ . ... ' "-'" ' "--' ,:'" i '.: : " '"' '
....:- . ' 7._: , '- ' ' ' ' '
..~..;':'.:.-. Sincerely," .'.. : : . : ' .. . ..' . :. ..... - . . ... .. ~-:::...".... ~:.. -':."'.-',..::'"'.."
" ":"'." ':'.:'. ' :~~'" ","i"' ' -" =' .....,, :. ~-:-,...-.. ....:-.. ~."-~' .:.:.: .-.?, ,_~ :~.,.:....::-,.. ,' ..: . . .
.-.. ':. :: ~: :," " . ~Ob~n s~ ~J':.: :~':: :''. ..... :-'. '.' ..- ,':' . :.':.': :. :' .:"i..~':-;., :.:... ,~.'~*',~ ~/~:,-.:.':- .:, .' ...
..... .:.:. ~. :. ~ ,. ,. , '.,~ .. . : :,.. ,:...~ . : :.'. :., ~ . . . . , . , ".,: . . ... ,.,,. ,~. --, : ... '. . : ,' ,. .~ .. ... : .. o~ . : ., , . :C(~ ..... ". ' .
-., ...: "...":,...:":. President ~'_;:,'.:..'... ,'. ,' .-.:: .;,:..:.: ' ;: .'-. -' :. ,.: i..,:.:'::. :.-:~"..' ~' ii.'. '.e'~'~i-: .... /-,~. '~:'"":"'
-' ~'~ .: '. ":: i ': :' ::.. '":"::.'" :':'.:: :;: '·: '. : .'~: :. '. '. "; :':',.' i' '. ':'. :: ':. :'.- ' .'. :'.:.. :,... : .. :: .~.~.-'...."i ::,: i: ::.':., ii'~:.~ : '. :' .:;i:. ~-.e:.~: : ... ·,. ::: .'..,,.
. ,..',,,.::' '"~.ec:iOerry Church :: .. ". ~- ".."; . ' .:...:.... '-' .' . ':....'.'. '.-, :,i-'j-::=:~ .'" ' ',::,,:',:,,".."~',., :_. :':. .
'-.":'. '. :'.:..'-'.: .' 'r)avid ~; ~Iard~ City M~naser :.'..~',:...', :... ~ ':::'.."" ":':'._':.':,':: :':~.:~ .... : ::.:':.~.:._ ?."; :>':':.." ', .'"!.::. '
....... .. · . : :,_...: :;':'":'..'..'
.'!' · . ' - '' ~ ". '" "' ' ' ' · '"":i "' "-- - :..' '"'- ,.. ' .:i:. ,~'> -
...... .":. ..... ... .... . '-.: .... :'..'.-".'."..?'::.'.
· · . . : '. ,:. : · , .. :.
57'0~ Nos~, P~ {St~o {:{0^~ · So~a 390 · TA~U~c, FI.
January 1'7, 1997 '
'City of Dglray Beach - "
".' ': Environmental Services Departm~nt .-. , .-:.~
!: ,'~..'., .?i:.'-434 S0ilth,swint°n Age .?:-'~'~':~"~.:".. '; :'~: ;~ ',:'. 5{ . i . '...,,". 5. '.::- ~ .:..., ...:
Delray. B'ca~lz,' Fl°ada-'33~ -~:/~-: ,,.-:: 'i:' ,'.:.',':'-: ~i' i.-.:.~,,' -,-y:'; .:'.'.~',: ,' . '.i: 'i,.,"-'...i, :' ,!;.,...'~.... :.:::-,.
'(" '"? '?.';:Attenu'°'ni D~n.Beatty; P.E. ':'. ,:;'i- ::-.": !.7'::','.,,':-'-.-: '- ' ' '-;': ': ;" i:" :.-' ,',:' ,: .".'
. .'..': ::-',' ,'i:''~ >(,:'~: .'i:'i?L;~":.:!'?:City: ~nsin-eet :.::: .ii.?':~?:: '" .f ~: -~ :-i'; ": (:, ,-. ,., ::-:: '~'"':-'i~', .- ;'" :,:L.....: .. ':.i
, . f .'..-:,-.~....~:~.~.: ~i.,,~; ~:~. ::-~ ...-: . ::..;.'( '~"" :.~i',,"-"_'. ,:J? "~, ~:' "."..'£.' :: '. :--.' ?:'-,' 4': '~:' ,". "' ,::. ~.." '"-?~
'-'. .' ~ * ,: "' '' ; ,: ........ ' ,' ~ .... :-~ -. :- .,~' ' :,' ' . - .'::-'"~ji ",' '.:- .'2 ..'~ . :
'. i'- : . ,;. ,. K~: Off Site Improvements - Lee s C£ossmg :'~". ::' :.,' · :: .' ~' · -' ,.-, ,: :'~ ,; ::., .... . .....
-' ..' ,:'",~'fD~!M~.'.BeattY;','.':/'":,':.::':'~':"!(--L:-~':'.'~'". :: :',- :'. ": :.'." "..i'."- -, i -:-.,':, ' .' ".~ :':",:'~",!i
':' ..... "~ '""','" '> -.-Attached f~: Your'review please find'dOCumentatiOn relating
,' i '-,.; ,'impro?aems we installed at Lee's Crossing. BaSed on. a'proposal from M.L'uric'ola;'InC.
-- .~, .( see attached section of contract relating to the" Off Site Work ) ~Je.awarded
contract On'a 'lump sum' 'basis ( s~e attached last, page of said proposal ). '..,., 3.:..
-."~, '-" "'.~ :.'" ~-: .... · .:.~ ': ' ',C" ' "' '-,-':. " "' ' ' ' ....
.... -- ' .... i. : .- The $1:lS,81'l-.70'relafing to the off-site work was paid in two (2) draws
_ - ' -/' billed as work progressed along with a final billing :for the 10% retention we withheld. I've
attached'copies ofthechecks'we Paid to M.J. UriCola(d/b/a O.I.C. EnterPrises, Inc)along
' with 'thek ' invoices 'for said Work. The balance.' 0£ the $131,511.70 of hard construction
.. ./':i:o,.sts?:.namely-$12,700.00, WaS'paid to 'All:Rite Paving for-the :asphalt..work ,they
performed. Likewise, I've attached copies.ofthe'two (2) installments paid' to them alOng
. ':'.' , with'their invoices. .,'./ . ;"i.: ;,;.,,'.-.. --' ,: ,:': ".- ' ::-." --- -..":'- ~.::,:' :':.
:'.. -::' '::?::"i:~('i i(' "~': :'~.''Sh°uld Y~u have any questions, regarding th~' attached' dOCUmentation
- please 'feel free to contact_the undersigned. .. . ,_ . .... ,". .' .~, .... .. · :,.::.:~--,... . '
,. : ! ",:'.:._: :.-:..~.,. . · · '~ ,-- . ,.--'~".,..'-:.. ; '·.-'..
i-'.' 'i~ ":i.: i:~,~s.'.m~[,J~,.'' :' ':':.-.: -i.~ .?':: .'~':~..?. '.." .:.-, .."..-.'.' . .'-:. :..-. - -:. :" .-.--:~-~ ?:'-.::i..i
- · :'.'~', "President '." ,,_r-,~ ' --'-"- ..... ' ....
' ' :"':' "~:" ::'"" '"':' "'" ~ '~" ~-~.'.,-...i .... "-'-:"-'" :~:' '""
....':'--' ~';-'"-..,',' "'~'": .'.'-';.----':.:: ." i-.--:"-" .:..: '; ...... ,. ,-...
'cc.:Gerry Church i :i
"-.':" :navidT.Harden, City Manager ' --" ; ':",':':,~' 'L~. /~p-,
- "' ::,att~:ch~enti "'"':' :: ""':: :': ':": "' ' :'i' '':-~ ' :i ' ":
. .-.,': :':' ._ '"'.,':' " ' ,::: :-'' ' "'.'..' ' "" '"'.)',~'-i' ,~..:.,',-':,':-',:,"",:
5701 NORTH pINE'ISLAND ROAD ® SUITE 390 ® TAMARAC, FL 33321
12/27/95 W]~) 10:50 FA/ 407 278 4755 DEL BC~ C'1%' ATTY ~]002
AGREEMENT BETWEEN ~ CITY OF DELRAY B~ACH
AND LF.,E'$ CROSSING- DELI~Y BEACH I~I1TED PARTNE1/sn*rP, FOR THE
s, rrA Y...S WZ r.X'TZ S O r Orr. RTV
by md betw~n L~'S CROSSING - D~:~r.RAY BEACH LIMITED PARTNERSHIP, h~reln
referred to as "DEVELOPER" md ~e CITY OF DF2.2~Y BEACH, a municipality in the Stme
of Floric~ herein r~te~'ed to as th~ "CITY.
WITNESSETH
~AS, the Cky believ~ that the construction of single fiunily hom~ provides ,~
beiter liviag er~vironment /'or its residents and it desires to promote the construction of single
family homes within the City of Delray Beach; and
WHEKEAS, the City believes that by providing such sanitary sewer services, the City
promotes the general welfare of the residents of the City of Delray Beach; and
W}IEREAS, the County has an Annexation Incentive Program that provides for joint
contn~outions from the County, the City, and the Developer for the construction of infrastructure
if the proposed development is located in an enclave or pocket, has substandard facilities, is in an
area for a logical extension o/. a municipal boundary, is included in a municipal annexation plan
and is located east oflVfilitary Trail; and
WHEREAS, prior to annexation the Lee Property met all of the requirements listed above
and was an enclave under Florida Statute Section 171.031. The Lee Property has no sanitary
sewer service and the existing facilities are considered mbstandard; and
~S, the City desires to provide an appropriate contribution ~o the construction of
the sanitary sewer ext~sion To the Lee Property in order not to punish the developer for annexing
· ~2/27/95 WED 10:$0 FAX 407 278 4755 DEL BCH CTY &TTY ~003
into the Cit~ prior to obtaining senrice tlmy would have been entitled to in the County prior to
annexation; and
V~, thc City, considers this art unique situation which requires a special
contribution to the provision of sanitary sewer services.
NOW, THERF. FORE, for thc promises as set forth herein the parties agree as follows:
1. The above-stated recitaJs are/ncorporated herein as/f fully set forth herein.
2. The Developer will provide, construct and install an eight (8) inch ~,~itary sewer
pipe connecting to thc sanitary sewer service at Barwick Road and extending along the risht-of-
way of Franwood Drive w the Lee Property, an estimated length or' 1,400 ff. (As shovat in
F_~*bit
3. The sanitary sewer pipe will be fixrnished with s~_~cient connections along
Franwood Drive w allow sanitary sewer service to be provided to the existing 26 lots on
Franwood Drive.
4. The Developer assm'ts that it w/Il bm'Id approximately 55 single family detached
homes on the parcel o/'land known as the Lee Property. Thc pan/es agree that in consideration of
the building of 55 single family detached homes the City shall contribute as set forth herein an
amount for sanitary sewer services to encourage such development. The Dcvcloper has asserted
that it will cost approximately $100,000.00 to consm~:t thc sanitary sewer extension for the 55
single family detached unit development. The 26 lots along Franwood Drive constitute
approximately one third of the total amount o£ single fawJly detached units that will be serviced by
the sankary sewer extension and, therefore, thc City shall pay a maximum amount of one third,
not to exceed $33,333.00, oi~the to~al amount of the project. Thc City ctedres to provide sanitary
2
WED 10:51 FA,T, 40? 2?8 4?55 DEL BC~ CTY ATTY ~004
sewer service to the 26 lots, which are not located in thc City, in order to gain sec, ess to the I.~
Property.
5. It' the Developer increases or decreases the number of s~ngle fiutdJy detached
homes that v~l be constructed on the Lee Property then the percentage or' the total amount thst
the City will pay shall be modified by the formtda as set forth herein. For example:
(1) I~the Deve[oper builds 55 sL-~e f. am~ detached homes, as it has asserted,
and thc total construction cost is less thau $100,000.00, then the City's
co--on perceutage would be as follows:
(sins]e fiunlly homes to be constructed) 55
+ (lots alon~ Framvood Drive) + 26
= (total m~mher of homes) = 81
(]oCs along Franwood Drive) 26
+ (total ~ ofhome~) +
= (% ofCky's conm'oution) - 32%
Therefore, if the Der=loper builds $5 single family detached homes and the total
consmicfion cost is less ~ $10o,000.00, the City's contribution is a maximum
of one third of the actual construction cost.
Under this same.scenario if the Developer builds 55 sin/lc family detached homes
and the total construction cost is $100,000.00 or greater, then file .City's
co~h-ilmfion is a maximum of one third o£$100,000.00 Or $33,333.00.
(2) If the Developer were to build 75 single family detached homes rather than
5~ the City's contribution percentase would be as follows:
(single family homes to be constructed) 75
+ Nots alon~ F. ranwood Drive) + 26
= (total number of homes) ~, 10!
(lots along Fra~wood Drive) 26
+ (total number Cf homes) +
"(% of City's cxratribution) = 26%
Under the second scenario if the tod cost for construction is $100,000.00 or less,
and if the Developer increases the number of single ffanily detached homes to 75,
then the Ci17 shall only be required to pay 9-6% of thc actual cost of construction.
I/the total amount of construction is $/00,000.00 or greater and the Developer
12/27/95 WED 10:52 F.~,..T 407 278 4755 DEL BCH CTY AT'iff ~005
increases the number of single family homes to 75, thcn the City would only pay a
maximum of 26% orS100,000.00, ($26,000.00) ra~er than $33,333.00.
(3) If thc Developer were to construct less than 55 single family detached
homes on thc Lee Property and the total cost of construction is less than
$100,000.00 then thc City would only pay a msximum of one third of the actual
cost of construction of the sanitary sewer extension. Even though the percentage
of homes along Franwood Drive would increase compared to the percenr~e of
homes that would be developed, thi.~ scenario would not increase the City's
contribution above one third of the actual construction cost. For example if the
Developer only builds 35 single family detached homes then the City's contn'oution
percentage would be as follows:
(single ~ homes to be constructed)
+ (lots alon_~ Franwood Drivel +
= (total number of homes) - 61
(lots along Franwood Drive) 26
+ (total number of homes) + 61
= (% of City's contn'bution) =
(maximum % of City's contribution) = 33%
Under this scenario if the Developer were to only build 35 single family detached
homes, although, it might appear that the City would contribute 43% of the cost of
construction of the sanitary sewer extension, this is not the case, the City would
only contribute a maximum of 33% of the actual construction cost ii' the total
con.s-truction cost for the sanitary sewer extension is less than $100,000.00
If the Developer were to construct less than 55 sinsle family d~cached homes on
the L~ Property and the total cost of construction is greater than $100,000.00, the
City would only pay it maximum of one third of $100,000.00 or $33,333.00.
6. This Agreem~t is void if the Developer fails to construct single family detached
homes as set forth herein.
7. The project must be completed in accordance with the City of Delray Beach Utilhy
standards and will be inspected by the City for compliance with the applicable standards.
8. Payment will be made by the City to the Developer within 30 days after the City
receives a notice of Release from the Palm Beach County Public Health Depatunent and Releases
· . '~2/27/95 WED 10:52 F~ 407 278 4755 DEL ~¢H ~ A'I"~ ~005
of' Lien from all material suppliers, materislmen, contractors and subcontractors as well as
documentation (i.e. paid bills) showing the total cost of the project.
9. Developer warr~nt.~ and guarantees that titlc to all the materials and work that
wen~ into con.r, ructin& the sanitalT sewer exteraion will pass to thc City at the time of completion
of the project.
I0. This A&reement is assignable only if a subsequent developer provides for a
residential development of sinste family detached housing as provided for in parasraph 4. The
Agreement is not otherwise assig~ble or tra~ferable unless first approved by the City
Commission of the City of Delray Beach.
I1. In consideration of ten dollars ($I0.00) and other valuable ~nsideration, the
Developer shall defend, indem~i~y and save harmless the City, its officers, agents and employeea,
from or on account of any claims, losses, injuries or damages, received or su~si,~ed by any person
or persons during or on account of any operations connected with :he construction oi'this project;
or by or in conseqt~ence of any negligence (excluding the sole negligence of the City), in
¢onneciion with the same; or by use of any improper msterials or by or on ac~unt of any act or
omission of said Developer or his contractor, subcontractors, agents, servants or employees.
Developer agrees to d~ad, indemnify and save harmless the City, its officers, agents and
employees, against any liability ~ fi'om or based upon the violation of any l:ederal, State,
County or City laws, by-laws, ordinances or regulations by the Developer, his co, h-actor,
subcontractors, a&ents, servants or employees.
· 121~7/95 ~ 10:5:} FA/ 407 ~78 4755 DEl. BCH CT~ ATTY [~007
i
11. ~ no~s prided ~or ~ ~s ~ ~ be ~ ~ ~ ~
d~v~ or ~ ~ ~ or m~st~ ~a m ~ p~ ~o bc no~ ~ ~e ~Uo~
r~e ~c~ w~ch ~y be ~8~ by ~ nod~ o~y:
~ of~e Ci~ M~er
1~ N.W. 1~ Av~e
D~op~ L~'s Cros~g - D~y B~ L~ P~p
~o Fo~ W~es E~c~ ~.
S~te 390
5701N. ~e ~d Ro~
T~ ~ 33321
13. ~ ~e~ ~t~ ~e ~e ~e~ ~d ~s~ of ~c p~
~d mp~edes ~ o~r~ negod~o~ ~d o~ ~~. ~e ~e no r~t~ons or
~d~gs of ~y ~d not s~ fo~ h~ ~y ~~s to ~s A~~t m~ be {n
~S ~d ~t~ by bo~ p~es.
~ ~SS ~O~, ~e p~es ~o ~ve ~ ~o ~ ~m~ ~ of~e
~y ~ ~ ~st ~ove ~.
~SSES: ~'s Cro~g - D~ay Beth ~t~
a ~ ~t~ p~p
By: L~s Cross~ - ~hy B~h GP
~e ~ed or ~ P~p, a ~od~ ~t~ p~p
~ ~t~ or T~) By: H~o~ ~~ ~c.
· C~o~ co~on
P~
~d O. W~
CMdBx~e ~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Cou~of Los Anqeles
On~~~
~':lqg~'~ beforeme, Arlene M. Smith, Notary Public ,
DATE NAME, TITLE OF OFFICER - E.C-,., 'JANE DOE, NOTARY PUBLIC'
personally appeared Richard O. Werner ,
NAME(S) OF SIGNER(S)
[] personally known to me - OR - [] proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
i ~ - ~oL~E~ME~ ~M=~""~':'~'~I capacity(les,, and that by his/her/their
i~ signature(s) on the instrument the person(s),
~ cr.~.,~,~r~_~ .,9~7 or the entity upon behalf of which the
~ ~,,-~-.-~,,~...J Notclry Public
! ~"~!11~// LOSANGELES~C~.~ person(s) acted, executed the instrument.
~ ~ My Comm. Exio?s
WIT_NESS my hand and official seal.
S~GNATURE OF NOTARY )
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATI'ACHED DOCUMENT
[] INDIVIDUAL :
[] CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
[] PARTNER(S) [] LIMITED
[] GENERAL
[] ATTORNEY-IN-FACT NUMBER OF PAGES
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAM= O~ ~.SON(S) (m ENwrY(~ES)
SIGNER(S) OTHER THAN NAMED ABOVE
~1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA g1309-7184
' ' ,12/27/95 IFED 10:53 FAX 407 278 4755 DEL BCII ~ ITi~ ~]008
STATE OF l
COLrN1W OF
I HEREBY that on this before me, an officer duly authorized in
the stale and county nnmed to aclmowled~ments, personally appeared
, thc person described in s~d who executed the
foregoing instmmen£ as a partner , a partnership.
He/She acknowledged before me that executed the same as the act and deed of said
partnm~ for the uses and pttrposes
SWORN TO before me ~ day of
Signature ~ Public
State of
My Commission Expires:
Approved as to Forr~
~-,. City Attorney
7
LEE'S CROSSING
12/1 llg~
REVISED FOR,~,! 1~$/95
L~,V~NER '" . ~ FOUR WAVES ENTERPRISES, INC.
5701 N PiNE 18LAND ROAD
TAMARAC, FL
~ONT~CTOR .... ~ M. J. URICO~, INC.
235 GOOLS~Y BLVD
DEERF~ILD B~CH, ~
L OESCRIPT,O~ OF WORK IL uNIT,,I [QuAN71~ I LUNIT PRICE iL TOTAL
LON SITE ~ANITARY SEWERi
SANIT~Y MANHQ~ (~] I ~ACH ~ 8 ·
.SANITARY M~HOLE (~103 1[ ~CH ][ 0 j ~ 51523,73'1
O~8L~ ~EA~CES
TOTAL FOR SANITARY SEWER ( ON SITE) [ $68,~18,29
SAN, TA Y
;SANITARY M~HOLE'(~ 10') ~CH " 2 ~ ~,32e.~ ~
~8~tTARY MANHOLE (14-16') ~ ~CH I ". L, S3.4~3.67 ~ $3,413.67
SING~ SERVICES OFF 8' ~ ~CH "} 26 ~ ~ $t2.~3.30
~IANCE OF T~RC ) ~CH I 1 $7,~.00 ~
A~'~H~T ~VEWAY RESTQ~TION -~ SY 12~ ~.~0[ $3,0~0
S~O RESTO~TIQN L$ 20~0 ~0.25 SS,~0:'~
REP~CE ~STING ~E~S ~H , 6 ~ ~,~ S2.4~0.00
~EP~ ~S~N~ SHRUBS ~CH ~ ~ $15.o0
TOTAL FOR SANITARY SEWER ( OFF SITE) ~ $118,811.70J
LEE'S CROSSING
1?./11/95
R}SVISED FOI~[ i2/5/95
IOWNER ~ FOUR WAVES ENTERPRISES, INC.
~"/0t N PINE ISLAND ROAD
TAMARAC, FL =13,321
[CONT, RACTOR . I M. J. URICOLA, INC.
235 GQOLSaY BLVO
DEERFI=iLD BEACH , FL
DESCRIPTION OF WORK IL UNIT i L QU.,^NT!TM 1 L UNIT PRICE il _TOTAL
NOTES
1, This shall be · lump sum contract for all items descril:~:i above
2. No I)e~nit fee's
3. Notr~pection fee's .
4. No wate~ meters
5. No water meter fee's
6. No survey or layout,
7. No density test.
8. The removal of any h~zard43us waste or un. suitable materiaJ off of the
9. RY, tainage to be reduced ~ 2_5 % on each substantially c~mplet, ed phase o! the Jol~ examine: ~ll, underground, paving}
10. Based on the plans prepared by Ger~, Church P. E. dated 9/'15/~ with r~visions on page $ of 12 dated 11113/g5
page 5 of 12 d~t~l 11110/95
1 t. pads shall be filled to 6" below the ~Jnsh floor elevel~on a'~ the site shall be grade to meet the design of the plans
~=R : . . . DATE
ACC'~ED BY: FOUR WAVES ENT~--RPRISES DATE
O!:.C:ENTERPRISES, INC. INVOICE
....... r
TO~
.:: .......... .:.:::::::::::: LL: =========================
Po~ F~ Note 7671 Dam } ~
!~i~iiEi~iTERPRtSES, INC. INVOICE
DEEFlfiIg~D 8~CH ~ ~,.~,4:Z i3~9~
THANK YOU FOR YOUR BU.fINE..~SI
~.~hec k Sub'l:o t~ ]. ........... >:,. 6678]..27 0.01.3 66781...27
Sub '~o tm ! .................... >:> :.1.'..1.200.00 0.00 &1200 .O0
all rite
P'AVING CONTRACTORS, INC.
244~ N.W. t 6th ~lreet · Pompano Beach, R~ ~9 OA~
7/~ 5/96
~ (~) 9~ JOB NAM~L~ATION
B~wm~ Coun~ C~lfl~te of Com~tency Numar 74-456 LEES CROSS ING
Pmim ~h Coun~ ~lfl~te ~f Com~tsncy Number U-13219
TO
FOUR WAVES ENTERPRISES, INC. JOSNUMa~:R
5701 N. PINE ISLAND RD., SUITE 350
" UNIT AMOUNT
QTY. UNIT DESCRIPTION PRICE
REMOVE AND REPLACE PATCHES AN~) QVSR~AY 11,200.00
EXISTING ASPHALT ~QADWAY
TOTAL $11,200.00
WHITE-Customer Copy -- CANARY-File Copy -- PiNK-Accounting Copy
~ - . .......... : ~_. ~.~ .... ~ ~~~:---~- '-
6heck Sub'~o i:a 1 ................... >> ~.500. O0 0.00
~. FR~m' : I:~tJ--RITE PPMIHG PHOI,~ NO. : 9E,4 970 ~ Sup. l~. 1996 I;~:27PJq P1
all rite
, _ -- No` 610I
PAVING CONTRACTORS, INC.
2440 N.W. '16~ SI/eat · Pomg~ Seoch, Roric:~ 3,3a~69 O,rE
:' 9/10/96
Ptlorm (305) 970-038~ JOB NAM~/LOCATION
B/~Wa~I Coun~ Certificate of Competency Number 74-45~ LEES CROSSING
P~m Be~ ~un~ C~t~te of ~m~ten~ Num~r U-13219
TO
FOUl{ WAVES [NTERPP, ISE$ ,.~8 NUMBER
5701 N. PINE ISLA~ND RD. #390
Invoice
QTY. UNIT DESCRIPTION UNiT AMOUNT
PRICE
20 TON ASP.RALT - E~NTEA~CE 75.00 1500.00
Bid. Approval~ '
TOTAL $1,500.00
WHITE-Customer CoOy -- CANARY-File CoPy -- PINK-Accounting Copy
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # q~- REGULAR MEETING OF APRIL 1, 1997
FUNDING FOR THE SPADY HOUSE/PLANNING SERVICES
DATE: MARCH 27, 1997
On December 10, 1996, the Commission authorized the City to act
as co-applicant with the Community Redevelopment Agency for a
Historic Preservation Grant in Aid for the Spady House, including
a commitment to provide up to $10,000 in matching funds. The CRA
approved its $10,000 match at its meeting of December 5, 1996.
The grant was applied for, but unfortunately was not received.
In view of this, the CRA is now requesting that we reallocate the
$10,000 to EPOCH (Enhancing and Preserving Our Cultural Heritage)
to go toward the cost of planning services for the Spady House.
The CRA will also contribute its $10,000.
In order to make it possible to apply for a Special Category
grant, I recommend approval of the request. However, since we
have not been given either a budget or a detailed work program, I
recommend that all contracts entered into and expenditures made
be subject to approval in advance by the City Manager.
ref:agmemo7
Community
Redevelopment
Agency
Delray Beach
March 14, 1997
Mr. David Harden
City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
RE: Funding for the Spady House - Planning Services
Dear Dave:
Would you please consider funding the City's pledge of $10,000 for planning for the Spady House.
The CRA voted to pledge its $10,000. The monies would be used to conduct, over the next 90 days,
planning studies including architectural studies, site planning, construction estimates, and museum
planning. These matters would be used for the Special Category grant for the Spady House and
would also contribute to the match required. As you may recall, the match for Special Category is
a minimum of $50,000 which, with the acquisition (50% credited) and the planning expenditures,
would meet the minimum. If there are funds remaining after planning, the balance could be used
for roof repair and termite treatment.
Furthermore, we would like to ask you to appoint a City representative to attend the Spady meetings
with EPOCH, CRA, and Historical Society to monitor and contribute toward the project.
ri'hank yo~our consideration.
Christopher J. Brown
Executive Director
/d
c: Vera Farrington, EPOCH
Nancy Stein, EPOCH
Spencer Pompey, EPOCH
Diane Dominguez, Planning Director
Lisa King, Grant Writer
Dottie Patterson, Historical Society
John Johnson, HPBCPB
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558
to allow the waiver of the requirement to construct sidewalks in
conjunction with the new development until such time as the City
requires sidewalks to be constructed along the entire length of
Seagate Drive.
8.F. ADDENDUM III TO CONCEPTUAL APPROVAL AGREEMENT, GRANT
AWARD CALCULATION AND GRANT AWARD AGREEMENT WITH FLORIDA COMMUNI-
TIES TRUST (FCT): Approve Addendum III to the Conceptual Approv-
al Agreement which increases the award amount, the Grant Award
Calculation and the Grant Award Agreement with FCT for the
Sandoway House.
8.G. AUTHORIZATION FOR GRANT APPLICATION/SOLOMON D. SPADY
HOUSE: Authorize the City to act as co-applicant with the
Community Redevelopment Agency for a Historic Preservation Grant
in Aid for the Solomon D. Spady House, including a commitment to
provide up to $10,000 in matching funds.
8.H. RATIFICATION OF LABOR AGREEMENT WITH THE POLICE BENEVO-
LENT ASSOCIATION: Ratify the Collective Bargaining Agreement
between the City and the Police Benevolent Association (Police
Officers and Sergeants) for the period October 1, 1996 through
September 30, 1999, and approve the associated Memorandum of
Understanding.
8.I. REOUEST FOR FINAL PAYMENT/REGAL CONTRACTORS, INC.:
Approve final payment in the amount of $4,376.31 to Regal Con-
tractors, Inc. for work on the Pine Grove Elementary School
Baseball Field project, with funding from 334-6111-519-62.15.
8.J. REQUEST FOR FINAL PAYMENT/DIGBY BRIDGES, MARSH &
ASSOCIATES: Approve final payment in the amount of $4,831.40 to
Digby Bridges, Marsh & Associates for consulting services for the
Municipal Golf Course Clubhouse Addition project, with funding
from 445-4763-572-31.30.
8.K. CHANGE ORDER #1 AND FINAL PAYMENT/¥OUNGOUIST BROTHERS,
INC.: Approve deduct Change Order %1 in the amount of
$126,767.88 and final payment in the amount of $90,852.21 to
Youngquist Brothers, Inc. for completion of the Aquifer Storage
and Recovery (ASR) Well at the North Reservoir project, with
funding from 440-5179-536-69.18.
8.L. APPOINTMENT OF OUTSIDE COUNSEL/ARTHUR GARLAND AND
ROBERT GARLAND V. CITY OF DELRAY BEACH: Approve the appointment
of outside counsel as recommended by the City Attorney.
8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Site Plan Review and
Appearance Board during the period December 2 through December 6,
1996.
8.N. AWARD OF BIDS AND CONTRACTS:
-5- 12/10/96
Bid award to Craftman Plus, Inc. for rehabilita-
tion of a City-owned single family housing unit at
303 S.W. 2nd Avenue under the HOPE 3 program, in
the amount of $20,035 plus 5% contingency, from
118-1924-554-49.19.
2. Bid award to Johnson-Davis, Inc. for emergency
sanitary sewer manhole replacement at the inter-
section of Shady Lane and Country Manors Road in
the Country Manors subdivision, in the amount of
$14,800 from 442-5178- 536-63.51.
3. Purchase award via the Florida Sheriff's Associa-
tion cooperative bid with Bell Chevrolet, Inc. for
one 1997 Chevrolet Lumina for the Police Adminis-
tration Division, in the amount of $16,515.62 from
001-2111-521-64.20.
4. Bid award, via GSA Contract, to Hector Turf for
two Triplex Greensmaster 3100 mowers, in the
amount of $33,567.83 from Lakeview Golf Course
(Account No. 446-4761-512-64.90), and Delray
Municipal Golf Course (Account No.
445-4761-572-64.90).
Mr. Egan moved to approve the Consent Agenda, seconded
by Mr. Randolph. Upon roll call the Commission voted as follows:
Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Ms. Kiselewski- Yes. Said motion passed with a 5
to 0 vote.
9. REGULAR AGENDA:
9.A. PROGRESS REPORT/KEYSTONE CREATIONS: Consider the
status of the conditional use and site plan approvals for the
Keystone Creations facility, located on the east side of N.W.
18th Avenue, north of Don Francisco's Way.
Diane Dominguez, Planning Director, stated that there
have been several conditions of approval related to the exten-
sion. One was that the Phase I improvements be made which would
have consisted of having the main building completed and the site
improvements completed.
Few substantial Phase I improvements have been made to
the site. In view of the fact that the conditions of the exten-
sion approval have not been met, the conditional use and site
plan approvals for Keystone Creations expired on December 6,
1996.
Mr. Egan made a motion to move forward with the injunc-
tion, seconded by Ellingsworth. Upon roll call the Commission
voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - No;
-6- 12/10/96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ ~
SUBJECT: AGENDA ITEM ~ ~'~. - MEETING OF DECEMBER 10, 1996
APPLICATION FOR HISTORIC PRESERVATION GRANT IN AID FOR
THE SOLOMON D. SPADY HOUSE
DATE: DECEMBER 6, 1996
This is before the Commission to authorize application for a
grant from the State Division of Historic Resources to fund
planning and other services related to establishment of a multi-
cultural museum at the Solomon D. Spady House at 170 N.W. 5th
Avenue.
The matching funds grant will enable the City, the Community
Redevelopment Agency and EPOCH (Enhancing and Preserving our
Cultural Heritage) to complete the research, preparation of
architectural and engineering plans for restoration, and museum
planning. EPOCH, the organization that will actually run the
museum, has not yet received formal designation as a 501(c) (3)
non-profit organization and is therefore not eligible to apply
for this grant.
It is estimated that the planning and related services will cost
approximately $40,000. The application is for a $20,000 grant to
be matched by $10,000 from the CRA and $10,000 from the City.
The CRA approved its $10,000 match at the meeting of December 5,
1996. The grant application is due on December 16, 1996, and
funding is expected in April of 1997. If this application is
successful, it is anticipated that both the City and the CRA will
apply for additional grant money for restoration of the structure
and conversion to its use as a multi-cultural museum.
Recommend authorization to act as co-applicant for the Historic
Preservation Grant in Aid for the Solomon D. Spady House,
including a commitment to provide up to $10,000 in matching
funds.
TO: DAVID T. HARDEN
DEPARTMENT OF PLANNING AND Z(:~IING
SUBJECT: MEETING OF DECEMBER 10, 1996
APPLICATION FOR AN HISTORIC PRESERVATION GRANT IN AID
FOR THE SOLOMON D. SPADY HOUSE
The action requested of the City Commission is authorization to proceed with an
application for a grant from the State Division of Historic Resources. The purpose of
the grant is to fund planning and other services related to the establishment of a multi-
cultural museum at the Solomon D. Spady house, 170 N.W. 5th Avenue.
The Solomon D. Spady House has been designated as an historic site on the local
register. The City of Delray Beach and the Community Redevelopment Agency (CRA)
propose to apply for a Historic Preservation Grant in Aid to plan the restoration of the
Spady House for use as a museum of multi-cultural history. The grant will enable the
City, the CRA, and EPOCH (Enhancing and Preserving our Cultural Heritage) to
complete three important planning functions: historic research, the preparation of
architectural and engineering plans for the site's restoration, and museum planning.
The CRA has retained a firm specializing in historic preservation grant writing to
prepare the application.
It is estimated that the planning and related services will cost approximately $40,000.
The grant requires matching funds. The application is for a $20,000 grant, to be
matched by $10,000 from the CRA and $10,000 from the City. The CRA approved its
$10,000 match at the meeting of December 5th.
The grant application is due on December 16, 1996, and will be evaluated in February,
1997. Funding is expected in April of 1997. If approved, the City's portion would most
likely be allocated during the mid-year budget adjustments.
City C, ontmission Documentation
Application for Planning Grant--Spady House
Page 2
By acting as co-applicants for the grant, the City and the CRA will greatly enhance the
likeliihood that the funding will be approved. The fact that the two entities will be the
fiscal agents for the project and have successfully applied for and implemented a
Historic Preservation Grant in Aid in the past, will automatically give this application a
high ranking from the Historic Preservation Advisory Council, which evaluates and
ranks the applications. EPOCH, the organization that will actually run the museum, has
not ye--t received formal designation as a 501(c)(3) non profit organization, and is
therefore not eligible to apply for this grant.
The grant will help to preserve this very important structure, and to use it to educate
residents and visitors about the 100 year history of African-American settlers in Delray
Beach. While four historic sites in Delray are included in Florida's Black Heritage Trail,
three of the structures no longer exist. The sites are commemorated at the B.F. James
and Frances Jane Bright Mini-Park, also on N.W. 5th Avenue. Once restored, the
Spady house will be an excellent addition to the Heritage Trail. If this application is
successful, it is anticipated that both the CRA and the City will apply in the future for
additional grant money to restore the structure and convert it to its new use as a multi-
cultural museum.
By motion, authorize the City to act as co-applicant for the Historic Preservation Grant
in Aid for the Solomon D. Spady House, including a commitment to provide up to
$10,000 in matching funds.
12/5/96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ - MEETING OF APRIL 1, 1997
UPDATE OF 1992 MASTER PARKING PLAN
DATE: MARCH 28, 1997
This is before the Commission to consider a recommendation from
the Parking Management Team that we hire parking consultant, John
D. Edwards, to update the study the City and the CRA prepared in
1992 for strategic planning of the City's downtown parking, in
the amount of $3,850. Funding is available from parking trust
funds (Account No. 115-0000-248-0100) which has a current balance
of $4,200.
Recommend Commission discretion.
Community
Redevelopment
Agency
Delray Beach
f/tR ! 1997
March 10, 1997 ~'i D' ~,r~,;, .
Mr. David Harden
City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
RE: Parking Management Team ("PMT") Consultant
Dear Dave:
Over thc past several months the PMT has discussed updating thc parking study which thc CRA and
City prepared in 1992 (copy enclosed). Janet Onnen, Chair of thc PMT, has interfaced with John
Edwards, parking consultant, at National Main Street meetings and has been impressed with his
knowledge. His specialty is strategic planning for downtown parking. Thc PMT recommends
hiring Mr. Edwards for the purpose of preparing a new strategic plan and respectfully requests that
parking trust funds be used for this purpose. A copy of Mr. Edwards' proposal is also enclosed.
Please let y)4fknow if this is acceptable, and if you wish to seek Commission approval.
//
Than_k ~6//u/for your assistance.
Christopher J. Brown
Executive Director
/d
Enclosure
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558
MAR--26--9? WEB 01 : 1~ PM P. 02
MEMORANDUM
TO: David T. Harden, City Manager
Mayor Jay Alperin
Vice-Mayor David E. Randolph, Sr.
Deputy Vice-Mayor Kevin Egan
Commissioner Kenneth Ellingsworth
Commissioner David Schmidt
FROM: Members, Joint Venture Board
SUBJECT: FUNDS - PARKING MANAGEMENT TEAM TRAFFIC STUDY
DATE: March 26, 1997
At the Joint Venture meeting of Wednesday, March 26, 1997, the Parking
Management Team indicated that they are anxious to have Mr. John Edwards, Traffic
Engineer, begin the traffic study for the downtown area. They would like to have him
begin as soon as possible so that he can make his observations dudng the season
which represents our peak traffic time. This work would include: (1) Upgrade of existing
parking study to take into account changes of the last two years, (2) Analysis of need of
parking meters, garage, and purchase of property for parking lots.
We are requesting that the City Manager with approval from the City Commission
release funds from the Parking Management Trust Fund as soon as possible so that
they can execute a contact with Mr. Edwards to begin the study.
Thank you for your consideration of this request.
WJW:sk
.05/04~97 11;45 '~$$1 ~78 8397 ~IEISNER ELEC, ~]002/004
JOHN D, EDWARDS. P,E, ¢o.sucr,,~ ~I~.
3912 SHELDON DRIVE, ATLANTA, GEORGIA 30542 404.-261-4929
February 27, 1997
Ms. Janet Onnen
Meisner Electric Company
Chairman of Parking Management Team
220 N. E. First Street
Ddray Beach, Ftorida 3~144
Re: Proposed Parking Consulti~
and services:
Frida_~. Marc_ h 14
10:45 A.M. - 12:25 P.M. Atlanta - West Palm Beach
Drive to Delray Beach
2:00 P.M. - 3:00 P.M. Meet with Janet Onnen and concerned others
3:00 P.M. - 5:00 P.M. Observe Traffic/Parking Conditions Downtown
5:00 P.M. - 6:30 P.M. Meet with Parking Management Task Force
7:30 P.M. - 9:30 P.1VL Observe Traffic/Parking Conditions
Spend night ~ Colony Hotel
10:00 A.M. - 12:00 Noon Interviews with Key Persons
1:00 P.M. - 5:00 P.M. Observe Traffic/Parking Conditions
5:00 P.M. - 6:00 P.M. Present ~ findings/suggestions
8:30 P.M. Flight from West P~lm Beach to Atlanta
11:46 ~561 278 8397 )~EISNER ELEC. ~003/004
Ms. Janet Ormeu -2- ]February 27, 1997
I would return to Atlanta and prepare ast, mmary of findings and recommendations.
Within a few weeks I would return to Delray Beach and conduct a seminar on
typical downtown traffic and parking issues and present the f'mdings of my work.
This meeting could be scheduled at the convenience of the Task Force. The most
economical time would be between 4:00 P.M. - 7:00 P. M. which would _mtnlmi~.e my
time and your cost,
If I assume the following schedule meets your needs, the cost of the services can be
divided as follows:
12 hours @ $125/hr. $1,500.00
Expenses and ah'fare .~0.0~
Sub-total $2,000.00
Preparation of Report
4 hours O $125~our $$00.00
6 hours @ $125thr. $750.00
Expenses and Air Fare 350.00
Sub-total $1,100.00
You can see that this is more than my original proposal because I am making a
second trip and two round trip air fares are involved,
Incidentally, I have had considerable experience in traffic calming for downtowns.
! am attaching some brochure materials for your use.
.03/04/9? 11:46 '~$61 278 8397 IiEISNER ELEC, ~]004/004
Ms. Jan¢l Onnen -5- February 27, 1997
If this is agreeable to you, please execute a copy of this letter and return to me.
Yours sincerely
John D. Edwards
5DE:g
Accep~d for the Pazki-~ Management Team
By:
Date:
C; ~wpS! ~iohn~,Defray~psl
IN LIEU OF PARKING AGREEMENTS
MARCH 26, 1997
NO OF AMOUNT
NAME SPACES AMOUNT REC'D
BRIGHT HORIZONS 4 $24,000 $2,400
PATIO PARTNERS 3 $18,000 $1,800
TOTAL $4,200
NOTE: DDA IN LIEU OF PARKING FUNDS ($20,121) USED FOR CRA BLOCK 76
INLIEU.XLS
FROM:KONICA FAX TO: 5612768558 MAR 10, 19~7 4:03PM P,02
JOHN D. EDWARDS, JR., P.E., Principal-in-charge
Batchelor of Science, Civil Engineeri~, North Carolina State. University, Raleigh, North
Carolina, 1956
Master of Science in Civil engineering, North Carolina State University, Raleigh, North
Carollrm, 19.$8
lnsfltute of Tra~portation F.~neers~ Presidem, 1985
Registered Professional Engineer, Ohio, ~, South Carolina, North Carolina, Florida
Having served as a Senior Vice Presldehnt of The RBA Group, Mr. Fxlwards was the
founder 0962) and President. of Traffic Planning Associates, Inc., prior to its merger with
The RBA Group. itc has extensive experience In highway design, traffic engineering,
transportation planning, and parking fields. He has directed operations which have
included the publication of over $00 reports or plans for major traffic parking, and
highway projects.
Mr. Edwards bas 35 yeat.~ experience in the traffic engineering transportation planning and
parking field which includes four years as Tramportation Planner for the City Planning
Commission, City of Cincinnati, where he managed a staff of 10 persons doing major
roadway pla~Ls, parking plans, and redevelopn~nt pla~ for the CBD. He spent two years
with the North Carolina DOT as a Project Engineer on interstate roadway design and 29
yeats as Principal in two consulting finns. During his consulting assignments, he has
managed over 2.~ CBD studies including these major studies:
· A Traffic Circulation and Parking Plan for the Charleston, So,~h
Carolina Central Business District
· Broad Street Concept Design for Rome, Georgia
· A Downtown Action Plan for Gah~esville, Georgia
· Main Mall Street$cape Plan. Ponghkeepsle, New York
· Streetscape Plan for Main Street, Greenville, South Carolina
· Downtown Transportation Plan for Augusta, Georgia
· ltigh Point CBD Parking Study, High Point. North Carolina
· Downtown Circulation Plan, Cincinnati. Ohio
· Downtown Traffic Management Study, Atlanta, Georgia
· Traffic Plan for Upstate Arena, Greenville, South Carolina
· Traffic Plan for Charlotte Coliseum, Charlotte, North Carolina
· Traffic and Parki.g Plan for Downtown T, pelo. ML.~sissippl
· Comprehensive Parking Study, Knoxville, Tennessee
· Comprehensive Parking Plan, Macon, Gcorgla
.... FROM:KONICA FPX TO: 5612768558 MAR 10, 19~7 4:04PM P.03
He has also worked with ti~e National Main Streot Center on mauy Main Street towns and
has auti~orcd the "Parking Handbook for Small Communities" and edited the first edition
of tile "Transportation Planning Handbook."
His professional activities include:
Institute of Trnosportatio. Engineers - served as a member of Department
6~ Transportation Planning (1965-1968), Standing Cotmnlttee and Head of
Department 6 from 1t68 to 1970;
Institute of Trampor~ation Engineers, Board of Directors, Director Distric~
5, 1173 to 1976; International President 1185;
Georgia Institute of Technology, Continuing Education Department lecturer
in traffic planning and parkin~ progrnms.
Mr, Edwards has authored and presented many technical papers during the course of his
profe,~sional service. These papers bare been pr&sen(ed to a variety of national
international organizations Including the National Main Street Center, the International
Institute of Transportation Engineers, the Transportation Research Board, the llighway
Usetx Federation, various Chambers of Commerce, and local development groups. Some
of the more recent papers are:
Impacts of Street Widenings on Traditional Downtown~
Parking In Small Communities
· Parking - 6 Steps to a Good Program
· Traffic, Parking, and Downtown Economic Trends
Implementing Downtown Pedestrian Facilities for the 1996 Olymplc~
· 25 Ways to Improve Downtown Parking
· Determining the Areawlde Impacts of Land Use Decisions
· Developing Workable Plans for Commercial DL~trlets
Traffic and Land Use Planning: The Decline of the Central Business
l)istt'ict
Mr. Edwards was the recipient of the Herman J. lloose Dk~inguisbed Service Award in
recognition of notable and outsandlng service and the Marble Hensley Individual Activity
Award awarded by the Southen~ Section, Institute of Transportation Englnecrs. lie ts also
a past president of ~he International Itt~titute of Transportation Engineers having served
in that capacity in 1985. He is the recipient of the Burton W. Marsh Award for
Outstanding Service, ITE's higl~est award, and was named the Transport. ation Professional
of the Year by the Georgia Section, ITE.
M E M 0 R A N D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MAlqAGER~
SUBJECT: APPOINTMENT TO THE CIVIL SERVICE BOARD
DATE: MARCH 26, 1997
The term for Robert P. Ferrell, regular member, will expire on April 1,
1997. Mr. Ferrell was originally appointed to serve as an alternate
member in October 1992. He was subsequently appointed to serve two
(2) additional two-year terms as a regular member on the Civil Service
Board. The City Attorney has stated that the Civil Service Act does
not place limitations on terms. Therefore, the Special Act would need
to be amended to include term limits prior to term limits being made
applicable to the Civil Service Board.
Mr. Ferrell is interested in being considered for reappointment. The
term is for two (2) years, ending April 1, 1999.
According to the Civil Service Act, there are to be five (5) regular
members on the Civil Service Board; three (3) of which are to be of
different vocations or vocational backgrounds, not employed by the City
in any capacity, official or otherwise and appointed by the City
Commission. Two (2) regular members are elected by eligible City
employees. In addition, there are two (2) alternate members. The ap-
pointee need not be a resident, property owner or business owner within
the City.
The following persons have submitted applications for consideration:
Robert P. Ferrell (incumbent)
Melvin Hirth
Murray Kalish
Arthur King
Leo Koppman
Morris Weintraub
Pursuant to Commission direction, a check for possible code violations
and municipal liens was conducted. None were found.
Based upon the rotation system, the appointment of a regular member
will be made by Commissioner Egan (Seat #2).
Recommend appointment of one (1) regular member to the Civil Service
Board to a term ending April 1, 1999.
CIVIL SERVICE BOARD
1997
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
John Tallentire
Donald Allgrove N O
Robert P. Ferrell M2;ETING:
Charlotte Manning
Paul Dorling
ALTERNATES
Allen Huntington
Roseann Sabatini
CIVIL SERVICE BOARD
1996
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
John Tallentire (appn~ 9/96 P PPPP p/p p
Donald Allgrove (appnl 6/96 P P P PPPP P/P P
Robert P. Ferrell A P P P P A PPAA p/p P
Charlotte Manning (reg memb 9/96) P P P P P ~_ PAAP P/A P
Paul Dorling P P P P P P PPPP P/A P
Alternates:
Allen Huntington (app:~t 9/9,~) '" P i PPPP P/P P
Roseann Sabatini (elected 11/96) I. P P
CIVIL SERVICE BOARD 1995
Jan Feb Mar Apr May June Jul Aug Sep Oct Nov Dec
J. Michael Pakradooni P/Ex P P
Wilbur V. Chaney P/P P P
;
Robert P. Ferrell P/P P P
Jeff Vorpagel P/P P P
Paul Dorling P/P P P
Alternates
Harvey L. Brown, Jr. Ex/Ex Ex
Charlotte Manning P
CIVIL SERVICE BOARD - 1994
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Michael
Pakradooni
i P P Ex P P
%4ilbur Chaney
P P Ex Ex Ex
Robert P. Ferrell
P P Ex Ex Ex
Jeff Vorpagel p p p P P
Paul Dorling p p p p P
Alternates
Harvey
L.
Brown,
Jr~
[ P Ex P Ex Ex
Dorie Woytovech l~ff lloard 5/94 p
Amanda Allen (ElectE ~ 4/!i4) P P P Ex
atten, doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITYF~h.NAGER~
SECOND READING AND SECOND PUBLIC HEARING FOR ORDINANCE
NO. 13-97 (EXTENSION OF TOWER MORATORIUM)
DATE: MARCH 26, 1997
This is second reading and the second public hearing for Ordinance
No. 13-97 which extends the moratorium on telecommunication towers
for an additional ninety (90) days until June 15, 1997.
The proposed ordinance on telecommunication towers has been
reviewed by the Planning and Zoning Board and is expected to come
before the Commission on April 15th for initial review on first
reading. Since the original moratorium expired on March 17, 1997,
staff felt that an extension for another 90 days would provide
adequate time for any changes to the proposed ordinance as well as
review by the City Commission.
At first reading of Ordinance No. 13-97 on March 18, 1997, the
Commission passed it by unanimous vote.
Recommend approval of Ordinance No. 13-97 on second and final
reading.
ref:agmemoll
ORDINANCE NO. 13-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 60-96
BY AMENDING SECTION ONE TO PROVIDE FOR THE
EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE OR
CONSIDERATION OF APPLICATIONS FOR CONDITIONAL USE
APPROVALS FOR CERTAIN PERSONAL WIRELESS SERVICE
TOWERS AND TOWER FACILITIES THROUGH JUNE 15, 1997;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board reviewed a proposed
ordinance on telecommunication towers at its February 24, 1997
meeting and decided that the ordinance needed further study and
scheduled another review of the proposed telecommunication tower
ordinance for its March 10, 1997 workshop meeting; and
WHEREAS, the Moratorium currently in effect will expire on
March 17, 1997, and City staff desires another ninety (90) days to
finish reviewing the proposed changes to its Code of Ordinances
regarding telecommunication towers and to allow time for the
Commission to review the proposed ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Ordinance No. 60-96 of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
f~¢~I~¢~1 That the City of Delray Beach does hereby extend the
current ninety (90) day moratorium upon the acceptance or
consideration of applications for conditional use approval for
personal wireless service tower facilities, also known as
communications towers or facilities, to commence upon the expiration
of the current moratorium, March 17, 1997, and to continue for
another ninety (90) day period until June 15, 1997.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 1st day of April , 1997.
ATTEST: /
City C~Ierk
First Reading March 18, 1997
Second Reading April 1, 1997
- 2 - Ord. No. 13-97
I:I~AM FROM SUNRISE CASE MNGT S614Bi~93g P_~
MORATORL~
CITIES AMI:) COIJNTIES OF
PER CELL~.~ TELECOM I~D~Y
No~: C~A s~d 150 ma~tofia were dec.red. C~A ~gu~ is i~cmatc. Acl~11y ~cir
list Wt~s 165 mor~o~a d~cl~d. C~A also cxclu~d ci6es th~ i~m~ m~alo~a in
the past 3 monks. ~a~o~s generally giv~ for m~fim Nc~ tin~ to (1)
tel~m i~y n~s; (2) ~irc ~w o~dinan~ or ~licy.
S~te Ci~ Coun~ Dura~on
I ~a~mn ~cff~n ~19~7
2 Shelby O~
3 B~ing~ 7~D7
4 Fa~eld O~
5 Fukon~e
6 Gar ~e Jeff~n i / 19~7
7 C~ay~ille 2/5D7
g H~v~ Jeffe~n ~16~7
9 lmn~c Je~n ~1~7
10 ~cds Jcff~n
11 MMison 5~5~7
12 Mobile ~/5~7
13 Moun~n Bro~ Jeff~n 2/1~7
14 T~t ~4~7
15 A~ona Paradlae Vall~ 3/1
16 Cal~rnia Be~l~y
17 Ce~itos 10~7
1 g El Scgun~ 8/17~7
19 Ett~ Op~!
20 Go~ale~
21 H~b~g
22 Hercules 7/~7
23 Lak~ood ~7D7
24 Milbr~ 2D7
25 No~alk 7/3~7
~6 Palm ~sen
27 Pi~ Riv~a 8/5~7
28 Pomo~ 1 ~1~7
29 Portola Valley ~/2]D7
30 5m~ Francisco
31 ~n Gab~el 3/I 5/97
32 Suni Valley
33 Stockton 9/ID7
4-01-1997 1:17AM FROM SUNRISE CASE MNQT G614B13939 P_7
~-RC~ : E~:,O?FC PNONIE NO. : ?03 $16 45?6; ~]
34 Sunnyvale 2/97
35 Thousand Oaks 10/97
36 Ttacy 2/97
37 West Covlna Open
38 Windsor Open
39 Colorado Adams 2/10/97
40 Clear Czeek 1/28/97
41 Wheatridgc 1/2 7197
42 Connecticut P, ethel 3110/97
43 Bxanford 1 t 13197
44 Grotort 3128/97
45 Gull ford 3I 17/97
46 Hamdrm 9/1/97
47 Middlcfield 3128/97
48 New Hav~n I/20/97
49 Norwalk 1120197
50 Orange 3/28/97
51 Southington 3/3/97
52 Union 3r28/97
53 Wallingford 2/3/97
54 Windsor 5/I/97
55 Florida Indian River 5/97
56 Orange Spring 97
57 Cncnnut Creek Flrow:~nxl 2/4/97
58 Dania Broward 1/22197
59 Davie Broward 3/24197
60 D~lray Beach 2117/97
61 Homestead r}ndc 4/10~97
62 Lakeland Polk 7/6/97
63 Murgatu Bmward 7~97
64 No Miarai Dade 3/'2.41.o7
65 No Palm Beach Palm Beach 2/28/97
66 Oakland Park Bcoward 3/1/97
67 Opalocka 1123/97
68 Palm Beach G~rdens Palm Beach Open
69 Pembroke Pines Brown.hi 2/4/97
70 Pompano Beach Rrow~rd 4/97
71 Tamarac Open
72 Wilton Manors Broward Open
73 Illinois St Clair Open
74 Louisiana J ~fft'eeson Paxish 2/28/97
75 SI Charles Parish 1130/97
76 Ma$~chuaett$ Ftanklln ?/9?
77 Welificct 4/22/97
78 Michioan Bloomfield Tw~ ]/'2'1197
I:17AM FROM sUNRISE CASE
F~rrn~nl~'~on H~Hs 4~97
']9 Hvron Twp Olxm
80 Wyando~e W6~t I I 1~7
RI 116~7
8] Min~ta Afl~ 3~3~7
g3 Rr~kl~ Pa~ ] 1/t9/97
g4 C~n ~ids 3~7
85 Damon 314~
86 East Bell
87 gridl~ 51t~7
g8 Grou~ T~ 4122197
~ L~e ~imo 4/10/97
91 Licwood 5/1~7
92 Li~0c Cm~a 6B0~7
93 Loag Lake 1/13/97
94 M~pltw~d Cl~ 3/~7
95 Mo~ Vi~ 3/11/97
96 New Ho~ 3~1~7
97 N~ 8a0/97
98 Ni~ing~ T~ 3/1~7
~ Oak ~ov~ 1/26197
100 Orono ~7
I 01 R~in~le I 0~/97
102 Savage 31 ~ 9/97
103 Sh~o~ i~/97
104 Sho~view
10S St Paul ~7
106 V~lion 't'~ 1 ~I3~7
~07 Mcn~ta llcights ~eff~n Op~
10g O~n
109 ~fl St C~les
110 St Lo~ ~6
111 Arnold Ended9
l 12 Chesterfield O~n
113 Co~lC~tle End~d?
1 I4 C~vc C~ O~
l 15 ~tkw~
116 Ma~l~d H~ta ~97
I 17 Oakland
l 1 g Wcldon Springs En~?
119 Amhent
120 ~ York Ca~el 1~7
121 Cheektowaga 1 ~3/97
122 Claen~
123
l:17AM FROM SUNRISE CASE MNGT ~614~13939 P_9
124 C}i fton Park 2/17/97
! 75 Eden 2/I 8/97
126 glma 5/11/97
127 Farmington 3/97
i 28 Greece 4/15t97
129 Cm:enbmgh 3/97
130 Lewisboro 1/97
131[ Lyons 4t 15/97
132 Moerau 3/6/97
133 Mt Ki~eo 1/21/97
I34 No Salem 4/97
135 No Tonawand:. t/l 5/97
! 36 Or~getown 3/10/97
137 Parm~ 5197
13g Rochester 1/10/97
139 Rush 2/14/97
! 40 Sommers 3/12/9'7
141 Springville 1/20/97
142 Tonawand~ 519197
! 43 Wa[worth ~/14/97
144 Wcbs/e~ t/97
145 West Serteca 1/31/97
! 46 North Carolina Ash¢ 7/13/97
147 Transylvania 11/20/96
148 B}owing Rock 6/97
149 Rhode Island Burrillcsviile 1/12/97
150 Texas Mesquite 2/28/97
151 Utah .gait Lake Open
152 Riverdale Open
! 53 Washington Kitsap 3/23/97
154 San Juan 3/10/97
! 55 B rainbridge Island 5/97
156 Des Moines 5/97
! 57 University Place 5/15/97
15g Wisconsin Erin Open
159 Menomonee Falls Open
160 Mequon Open
161 New Berlin Open
162 Pnrt Washington 10/3 !/97
163 Sauk~lle Twp Open
164 Waukesha Open
165 Wyoming Cheyenne 4/13/97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~h-~AGER~
SUBJECT: AGENDA ITEM # /~- REGULAR MEETING OF APRIL 1,...!997
SECOND READING AND SECOND PUBLIC HEARING FOR ORDINANCE
NO. 15-97 (CORAL TRACE REZONING)
DATE: MARCH 27, 1997
This is second reading and a quasi-judicial public hearing for
Ordinance No. 15-97 which rezones land commonly known as the Sned
property from CF (Community Facilities) District in part (38.56
acres) and RR (Rural Residential) District in part (6.38) to RM-7
(Medium Density Residential - 7 dwelling units/acre). The 44.94
acre parcel is generally located north of West Atlantic Avenue,
between the High Point condominium development and the Sudan
single family subdivision.
The rezoning is proposed to accommodate a 284 unit multi-family
development to be known as Coral Trace. It will consist of 112
duplexes and 172 quadraplexes, with a density of 6.32 units per
acre. The underlying land use designation is Medium Density
Residential which allows up to 12 units per acre.
The Planning and Zoning Board considered this item at a public
hearing on March 17, 1997, and voted 5 to 0 to recommend that the
rezoning be approved, based upon positive findings with respect to
Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for
Rezoning Actions), and Section 2.4.5(D) (5) of the Land Development
Regulations, and policies of the Comprehensive Plan. At first
reading on March 18, 1997, the City Commission passed the
ordinance by unanimous vote. However, Mayor Alperin did express
concern about potential access problems and the desirability of a
higher-end product at this location.
Recommend approval of Ordinance No. 15-97 on second and final
reading.
ref: ag~nemol2
ORDINANCE NO. 15-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT
AND RR (RURAL RESIDENTIAL) DISTRICT IN THE RM-7
(MEDIUM DENSITY RESIDENTIAL - 7 DWELLING
UNITS/ACRE) DISTRICT; SAID LAND BEING GENERALLY
LOCATED NORTH OF WEST ATLANTIC AVENUE AND SOUTH OF
LAKE IDA ROAD, BETWEEN THE HIGH POINT AND SUDAN
SUBDIVISIONS, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District, in
part, and RR (Rural Residential) District, in part; and
WHEREAS, at its meeting of March 17, 1997, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
considered this item at public hearing and voted to recommend
approval of the rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of RM-7 (Medium Density
Residential - 7 dwelling units/acre) District for the following
described property:
A parcel of land lying in Section 18, Township 46
South, Range 43 East, City of Delray Beach, Palm
Beach County, Florida, said parcel being a portion
of Lots 7, 8, 9, 10 and part of Lot 11 as recorded
by Model Land Company's Subdivision of the North
Half and part of the South Half of Section 18,
Township 46 South, Range 43 East, in Plat Book 6,
Page 51, of the Public Records of Palm Beach
County, Florida, said parcel being more
particularly described as follows:
Commence at the north quarter corner of Section 18,
thence with a bearing of South 89 degrees 13'05"
East, along the North line of Section 18, 425.12
feet to a point; thence with a bearing of South 00
degrees 51'39" West a distance of 40.00 feet to a
point on the South right-of-way line of Lake Worth
Drainage District Lateral No. 32, said point also
being the point of beginning, and the Northwest
corner of Sudan Unit A, a subdivision as recorded
in Plat Book 28, Page 144 of the Public Records of
Palm Beach County, Florida; thence with a bearing
of South 00 degrees 51'39" West along the West line
of Sudan Unit A, a distance of 156.02 feet to a
point; thence with a bearing of South 89 degrees
13'05" East along the South right-of-way line of
Bishop Drive a distance of 116.65 feet to the
northwest corner of Lot 1, Block 3; thence with a
bearing of South 11 degrees 09'34" West along the
West line of Block 3 and Block 4, a distance of
1084.58 feet to a point on the South right-of-way
line of Ambrose Drive; thence with a bearing of
South 89 degrees 15'22" East along the South
right-of-way line of Ambrose Drive, a distance of
64.21 feet to the Northwest corner of Lot 14, Block
1; thence with a bearing of South 00 degrees 43'48"
West along the West line of Lot 14, Block 1, a
distance of 108.93 feet to a point on the South
line of Sudan Subdivision Unit A; thence North 89
degrees 45'41" West 669.24 feet; thence run South
01 degree 03'02" East 150.00 feet; thence run South
89 degrees 45'41" East 150.00 feet; thence South 01
degree 07'23" East 193.97 feet; thence South 89
degrees 53'11" East 152.92 feet; thence South 00
degrees 04'33" West a distance of 200.33 feet;
thence North 89 degrees 55'27" West a distance of
649.64 feet; thence North 01 degree 05'55" West a
distance of 100.02 feet; thence South 89 degrees
55'28" East 10.00 feet; thence run North 01 degree
05'55" West 100.02 feet; thence run 89 degrees
55'28" West 5.01 feet; thence run North 01 degree
05'55" West 345.81 feet; thence North 89 degrees
45'41" West 191.02 feet; thence with a bearing of
North 01 degree 01'38" West, a distance of 1343.85
feet to a point on the South right-of-way line of
Lake Worth Drainage District Lateral No. 32; thence
with a bearing of South 89 degrees 13'05" East
along the South line of Lateral No. 32 a distance
of 1263.16 feet more or less to the Point of
Beginning.
- 2 - Ord. No. 15-97
Containing 44.94 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED MD ~OPTED in regular session on second and final
reading on this the 1st day of April , 1997.
ATTEST:
- Wcity-c~rk '
First Reading March 18, 1997
Second Reading April 1, 1997
- 3 - Ord. No. 15-97
AUTO P~ZA
~ ~ ~ ~ PALM ~AN
CD
N REZONING FOR CORAL TRACE
--- ~/G/TA~ ~SC MA~ S~TEM -- MAP REF: LM13~
TO: DAVID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING ANI~ ZONING
?
FROM: JANET MEEKS
SENIOR PLANNER
SUBJECT: MEETING OF MARCH '18, 1997
REZONING FROM RR (RURAL RESIDENTIAL) AND CF (COMMUNITY
FACILITIES) TO RM-7 (MEDIUM DENSITY RES..IDENTIAL - 7 DUIAC)
FOR THE CORAL TRACE MULTIPLE FAMILY DEVELOPMENT (SNED
PROPERTY).
The action requested of the City Commission is that of ar)r~roval on first
reading of an ordinance rezoning a 44.98 acre parcel from RR (Rural
Residential) and CF (Community Facilities) to RM-7 (Medium Density
Residential - 7 alu/ac) to accommodate a 284-unit multiple family
development to be known as Coral Trace (Shed Property).
The subject property is located north of West Atlantic Avenue and south
of Lake Ida Road, between the High Point condominium development and
The Sudan single family subdivision.
The proposal incorporates unplatted parcels of land totaling 44.938 acres. The
majority of the property is vacant with two existing nurseries located at the south end of
the property. The parcel has an underlying land use of Medium Density Residential,
which allows up to twelve (12) units per acre.
The proposal is to rezone the subject property from RR (Rural Residential) and CF
(Community Facilities) to RM-7 (Medium Density Residential - 7 du/ac). The rezoning
is being processed to accommodate a 284-unit multiple family residential development
to be known as Coral Trace. The development will consist of 112 duplexes and 172
quadraplexes, with a density of 6.32 units per acre. The proposed development units
will be located within one story structuFes and each unit will be provided with a one car
garage. Additional background and an analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
City Commission Documentation
Meeting of March 18, 1997
Rezoning from RR and CF to RM-7 for Coral Trace Multiple Family Development (Sned Property)
Page 2
The Planning and Zoning Board will formally review this item at its meeting of March
17, 1997. The Board's recommendation and comments will be presented at the March
18th City Commission meeting.
By motion, approve on first reading the ordinance of the rezoning from RR (Rural
Residential) and CF (Community Facilities) to RM-7 (Medium Density Residential - 7
du/ac) for Coral Trace (Sned Property), based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and LDR Sections 2.4.5(D)(5)(b) and (c), and setting a public
hearing date of April 1, 1997.
Attachments:
P & Z Staff Report and Documentation of March 17, 1997
Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: March 17, 1997
=AGENDA ITEM' v.c.
'ITEM: Rezoning from CF (Community Facilities) and RR (Rural Residential) to RM-7
(Medium Density Residential - 7 du/ac) for Coral Trace (Shed Property), a Multiple
Family Development Generally Located North of W. Atlantic Avenue, Between the
High Point and Sudan Subdivisions.
LAK[ I0 A ROAD
GENERAL DATA:
Owners .......................................... William H. S ned
Applicant ....................................... Aurora Homes, Inc.
Location ......................................... North of W. Atlantic Avenue,
Property Size ................................. 44.05S Acres
Future Land Use Map .................... Medium Density Residential 5-12
du/ac
Current Zoning .............................. CF (Community Facilities) & RR
(Rural Residential)
Proposed Zoning ............................RM'77 du/ac)(Medium Density Residential
Adjacent Zoning ................... North: R-l-AB (Single Family Residential)
East: R-l-AA (Single Family Residential)
& RR
South: RR & RM
West: RM (Medium Density Residential)
Existing Land Use ......................... Vacant land and a nursery operation
Proposed Land Use ....................... Construction ora 284 unit
of 112 duplexes and 172
quadraplexes, with a density of 6.32units per acre.
Water Service ................................ Water service is to be provided via
installation of an 8" main within the
access tract with connections to an
existing 18" water along the south
side of the Sudan subdivision, a 10"
water main within Davis Road and a
6" main within Bishop and Ambrose
Drives, within the Sudan
Subdivision.
Sewer Service ............................... Sewer service will be provided via
gravity flow to a lift station within
construction of a new lift station
which will connect to an existing 8"
force main. _;} ~o~ co..~ / ' ': I F-
V.C.
The action before the Board is making a recommendation to the City
Commission on a rezoning request from Community Facilities (CF) and
Rural Residential (RR) to Medium Density Residential - 7 alu/ac (RM-7).
The subject property is located west of Davis Road, South of Delray
Shores subdivision, approximately 1,456 feet north of Atlantic Avenue and
contains approximately 44.938 acres.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency shall review
and make a recommendation to the City Commission with respect to
rezoning of any property within the City.
The proposal is to rezone the 44.938 acre parcel from CF (Community Facilities) and
RR (Rural Residential) to RM-7 (Medium Density Residential - 7 du/ac).
In December of 1986, Palm Beach County School Board acquired the CF zoned portion
of the property for a contemplated middle school to replace Carver Middle School. After
the acquisition of the property, the school district and the City evaluated the actual
development potential of the property. It was determined that the access to the site
from the north, through Delray Shores and from the east, Davis Road was
unacceptable. In addition, the site was not well located to meet school district desires
relative to a middle school. Thus, the school district began searching for an alternative
site and eventually constructed Carver Middle School at the northeast corner of Barwick
Road and Atlantic Avenue.
At its meeting of November 8, 1988, the City Commission approved the annexation of
the RR zoned parcel via Ordinance No. 126-88 with an initial zoning of ART
(Agricultural Residential Transitional).
The subject properties were zoned R-l-AA (single Family Residential) and ART
(Agricultural Residential Transitional) until they were rezoned to CF (Community
Facilities) and RR (Rural Residential) with the Citywide rezoning associated with the
approval of the Land Development Regulations in 1990.
The development proposal is to rezone the subject property from Rural Residential
(RR) and Community Facilities (CF) to Medium Density Residential - 7 du/ac (RM-7).
The rezoning would accommodate a proposed residential development known as Coral
Trace containing 112 duplex units and 172 townhouse units (quadraplexes) for a total
of 284 units, and density of 6.32 units per acre. The proposed development will also
P & Z Board Staff Report
Rezoning from CF and RR to RM-7 for the Sned Property
Page 2
incorporate t3.72 acres of open space which includes 2.81 acres of tree preservation
areas, two lakes, two tennis courts, community pool, spa, cabana, tot lot, community
center, and picnic areas. Access to the site will be provided from Atlantic Avenue by a
street which will contain a 60' right-of-way including a landscape median and pedestrian
access on one side of the road.
REQUIRED FINDINGS: (Cha_~ter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas.
Future Land Use MaD: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
The current Future Land Use designation for the subject property is Medium
Density Residential 5-12 du/ac and is currently zoned CF and RR. The rezoning
to RM-7 (Medium Density Residential -7 du/ac) is consistent with the Medium
Density Residential Future Land Use Map designation. The proposed multiple
family development (duplexes and quadraplexes) is allowed as a permitted use
in the RM zone district. Based upon the above, positive findings can be made
with respect to consistency with the Future Land Use Map.
Concurrency: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
The current zoning can accommodate a school and two residential homes. The change
to a multiple family development will result in an increase in water and sewage flows.
The projected water and sewer flows under the current zoning is 14,141 gallons per
day, whereas the flows for a maximum potential of 314 units (44.938 acres x 7 du = 314
units) is 68,700 gallons per day. Water service is to be provided via installation of an 8"
main within the access tract with connections to an existing 18" water main along the
south side of the Sudan Subdivision, a 10" water main within Davis Road, and a 6"
main within Bishop and Ambrose Drives, within the Sudan Subdivision. Sewer service
will be provided via gravity flow to a lift station within the Sudan subdivision and
construction of a new lift station which will connect to an existing 8" force main.
P & Z Board Staff Report
Rezoning from CF and RR to RM-7 for the Shed Property
Page 3
The Comprehensive Plan states that adequate water and sewer treatment capacity
exists to meet the adopted LOS at the City's build-out population based on the current
FLUM. At the time of approval of the Comprehensive Plan, a medium density
development was anticipated for this property and was factored into the plan. Thus, a
positive finding with respect to this level of service standard can be made.
Drainage:
As the property is currently vacant, there are no problems anticipated with the ability of
future development retaining drainage on-site within the proposed two lakes and
complying with South Florida Water Management district Standards.
Streets and Traffic:
The applicant has submitted a traffic study for the proposed rezoning. The current CF
zoning designation was to accommodate a school with 1,280 students and 95 teachers.
Pursuant to the ITE Manual - Land Use Code 520, the average rate per student is 1.09
Average Daily Trips (ADT) and 3.42 ADT per teacher for a potential of 1,719 ADT.
Traffic generated by the proposed 284 unit multiple family development will generate
1,988 ADT. Thus, there will be a slight increase in average daily trips under the
proposed zoning.
It is noted that pursuant to the traffic study, a median cut is warranted at the intersection
of Atlantic Avenue and the proposed main entrance road, along with a right turn lane
west bound Atlantic Avenue. This will require elimination of the median cut at Atlantic
Avenue and NW 24th Avenue (Breezy Ridge Estates). This item will be further
reviewed at the time of site and development plan review.
Parks and Open Space:
The Delray Beach Comprehensive Plan Parks and Recreation Element indicates that
the City meets the adopted level of service for parks and recreation facilities for the
ultimate build-out population of the City. As a residential development with a maximum
potential of 12 units per acre or 539 units was anticipated for the subject property in the
Comprehensive Plan under the Medium Density Residential Future Land Use Map
designation, and the maximum units allowed under the proposed RM-7 zoning is 314
units, a reduction in impact on this level of service will be realized. It is noted that a
$500.00 park impact fee is required for each dwelling unit that will be collected prior to
issuance of a building permit.
Solid Waste:
Under the current zoning the school would generate 264.5 tons of solid waste per year,
where as a potential 314 unit multiple family development would generate 624.86 tons
of solid waste per year. The Solid Waste ^uthority indicates in its annual report that the
established level of service standards for solid waste will be met for all developments
which have been accounted for in their Comprehensive Plan. As a multiple family
P & Z Board Staff Report
Rezoning from CF and RR to RM-7 for the Sned Property
Page 4
development with a potential of up to 539 units was anticipated for this property in the
Comprehensive Plan and only 314 units will be allowed under the proposed RM-7
zoning, a positive impact on this level of service standard will be realized.
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following was found:
Con~,ervation Element Policy B-2.1: - Submission of a biological survey and a
habitat analysis shall accompany land use requests for rezonings. However this
requirement shall not apply where it is that there are not such resources.
Conservation Element Policy B-2.2: Whenever and wherever significant or
sensitive flora and fauna communities are identified pursuant to Policy B-2.1,
they shall be preserved as if they were environmentally sensitive areas as
identified in Objective B-I.
A biological survey has been submitted indicating that there is some protected plant
and animal species on the site. A field visit revealed the location of seven gopher
tortoise burrows in the northeastern portion of the site. The survey has been transmitted
to the Department of Environmental Protection for review, however, a response has not
yet been received. Mitigation measures may need to be taken to retain the burrows on
site or the tortoises must be relocated in compliance with DEP standards. This item will
be further reviewed at the time of site and development plan review
Housing Element Policy C-2.4: Development of remaining vacant properties
which are zoned for residential purposes shall be developed in a manner which is
consistent with adjacent development regardless of zoning designations. These
policies shall be implemented through the review process associated with
platting and site plan and shall be effective immediately.
This policy will be further reviewed at the time of site and development plan review.
However, it is noted that the adjacent residential development to the south (the Tate
property) is currently vacant and has a land use map designation of Medium Density
Residential with a maximum density of 12 units per acre; to the west is High Point with
a density of 8.0 units per acre; to the east The Sudan subdivision with a density of
approximately 3 units per acre and RR zoning with .33 units per acre; and to the north
Delray Shores subdivision with a density of 3 units per acre. The following are the
densities of the surrounding residential developments within a 2,000 foot radius of the
subject property:
P & Z Board Staff Report
Rezonir~g from CF and RR to RM-7 for the Sned Property
Page 5
Subdivision U n its/Ac re
Club Delray 8.0 units per acre
Delray Shores 3.0 units per acre
High Point 8.0 units per acre
Homewood Lakes 6.0 units per acre
Sherwood Forest 2.0 units per acre
The Sudan 3.0 units per acre
Development of the property should be reasonably consistent with the character of the
surrounding residential developments. The current development potential of the
property under the Medium Density Land Use designation could allow a maximum of 12
units per acre or 539 units. Under the proposed zoning of RM-7, the maximum density
of 314 units would be allowed, and the request is for the development of 284 units with
a density of 6.32 units per acre. Development at this density is generally Iow-rise,
owner occupied product, which is compatible with adjacent development. Based on the
above, a positive finding to this policy can be made.
Land Use Element Objective A-l: Vacant property shall be developed in a
manner so that the future use and intensity is appropriate in terms of soil,
topographic, and other applicable physical considerations, is complementary to
adjacent uses, and fulfills remaining land use needs.
As stated under Housing Element Policy C-2.4, the property should be developed in a
manner that will be complementary to the adjacent residential developments. The
development of this property will fulfill the need for medium density residential
development and lower density dwellings. The tortoise burrows may be negatively
impacted by the development of the site. However as the property consists of almost
45 acres, and is primarily vacant, mitigation measures including possible relocation can
be easily accommodated to avoid negatively impacting the burrows.
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 a stable residential area shall be
denied.
The property is designated as vacant residential on the Neighborhood
Categorization Map. However, the properties to the west are noted as stable
residential and to the north in need of stabilization. The change in the original
zoning from residential (R-1AA) to CF was to accommodate a proposed school.
As the school has been built elsewhere, it would be appropriate to change the
zoning back to residential. This would also preclude a more intense use that
could be allowed to be built under the CF zone district such as a governmental
facility.
P & Z Board Staff Report
Rezoning from CF and RR to RM-7 for the Sned Property
Page 6
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
The proposed zoning of RM-7 is probably more compatible with the adjacent and
nearby land uses which consist of residential neighborhoods than the CF zoning
which would have allowed a public school. The rezoning will eliminate the
potential impact of school bus and playground noise on the adjacent residential
subdivisions. Compatibility of the specific development proposal with the
adjacent developments will be appropriately addressed with review of a site and
development plan request.
Section 2.4.5(D){5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
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_o.oro.oriate for the property
based upon circumstances particular to the site and/or
neighborhood.
The applicant has submitted a justification statement which states the following:
"B. As per Mr. Sned, Palm Beach County School Board originally was to build
on this site but decided to build their Middle School elsewhere and sold the
property to him.
C. The Future Land Use Plan designates the proposed site as Medium Density
(5-12 units/ac) which is compatible more with the area than current zoning. Our
plat and master plan will demonstrate 6. 32 units/acre which is at the Iow end of
the allowable density and better compliments the surrounding uses."
Comment: The justification statement addresses Items "b" and "c" as the basis for
which the rezoning should be granted. It is appropriate to make a finding that since the
school has been built elsewhere, the current CF zoning is no longer appropriate. The
RR zoning was given to the property to the south upon its annexation based on the
existing use of the property as landscape nurseries. As the underlying land use
P & Z Board Staff Report
Rezoning from CF and RR to RM-7 for the Sned Property
Page 7
designation of the property was Medium Density Residential, it was anticipated that the
rezoning of the these properties would occur to accommodate a residential
development.
Compliance with Land Development Regulations:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on a land development
application/request.
Site and Development plans have been concurrently submitted and the following items
of concern have been noted:
LDR Section 4.3.4 Development Standard Matrix:
With the Site and Development Plan, the following Internal Adjustments will need to be
granted from LDR Section 4.3.4 Development Standards Matrix in order for the
development to be built under the current scenario:
· Reduction in the side yard setbacks from 15' to 7.5' for the duplex units;
· Reduction in the side street setback from 25' to 15' for the duplex units; and
· Reduction in distance between townhouse structures from 25' to 20'.
LDR Section 4.6.9 Parking:
Pursuant to LDR Section 4.6.9(C)(2)(a) and (b), tandem parking may only be used for
single family homes and duplex structures. The development proposal utilizes tandem
parking for the villas. Thus, a reduction in parking will need to be granted. It is noted
that some guest parking has been provided throughout the site, and each unit has a
garage.
Reduction in Pavement Widths:
Pursuant to LDR 6.1.2(B)(3), the required pavement width for a local street is 24', and
the development proposal is to provide a reduced pavement width which provides for
22' of asphalt with 5' sidewalks as well as drainage swales on each side of the road.
The City Engineer has indicated that he supports the reduction in pavement width.
Reduction in Right-of-Way Width:
Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for a residential
street is 60'. The applicant is requesting a reduction in right-of-way width from 60' to
50' for the street system located in the duplex section of the development (access tracts
are to be provided within the townhouse section). A reduction in the required right-of-
way width may be granted by the body having approval authority of the associated
development application, provided the reduction is supported by the City Engineer
[REF: Section 5.3.1(D)(4)]. The City Engineer reviewed the request and has
P & Z Board Staff Report
Rezoning from CF and RR to RM-7 for the Sned Property
Page 8
determined that the proposed right-of-way width of 50' for this residential development
is acceptable.
.OTHER ISSUE:
Atlantic Avenue Median Cut:
As discussed eadier in this report, a median cut is warranted at the intersection of
Atlantic Avenue and the proposed main entrance road. This will require elimination of
the median cut at Atlantic Avenue and NW 24th Avenue (entrance to Breezy Ridge
Estates). Reconflguration of the medians and relocation of landscape materials located
within those medians will be required. The applicant will also be required to modify the
City's permit through The Florida Department of Transportation for these improvements.
Special concern is noted for the coordination of the redesign of the irrigation system
which is a Toro/In'inet system.
..,...,................,......,..., ~..~.~.~`~..~:~:~:~`~:.:~:~:~.~.~.:~:~.~:~:~;~;.:~:~:~:~:`:.:~:~:~:~:~:~:.:~:~:~:~:~:~:~.~:~:~;~:.:~:~:~:~:~:~:~:.:~:.~:.~:~:`:~:~:~:~:~:~:.:~:~:~:~:~:~:.:.:~:.~.~`:~:~.~.:~:~:~:~:~:~:~:~:~:~:.:~+:~:~:~:.:::~.:::~:~:::~:~::~::::::::~:~;~::::::::::;~:~:::::::~:~:~::::~::~::~:::::::::::::::::::::::::~::::::::~:~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
The rezoning is not in a geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the CRA (Community
Redevelopment Agency).
Courtesy Notices:
Courtesy Notices have been provided to the following homeowner's and civic
associations:
High Point Condominium Association (all sections)
PROD (Progressive Residents of Delray)
United Property Owners
Rainberry Lakes Homeowner Association
Sudan Homeowners Association
Woodlake Homeowners Association
Delray Shores Homeowners Association
Rainberry Bay
Hamlet Homeowners Association
Greensward Village
Hanover Square/Windy Creek
Public Ncti~e;
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and support, if any, will be presented at the
Planning and Zoning Board meeting.
P & Z Board Staff Report
Rezoning from CF and RR to RM-7 for the Sned Property
Page 9
The rezoning from CF to RM-7 is consistent with the policies of the Comprehensive
Plan and Chapter 3 of the Land Development Regulations. Also, positive findings can
be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the RM-7 zoning
is more appropriate given the school has relocated to another site, and that the RM-7
zoning is more appropriate given the sites location in a residential area.
A. Continue with direction.
B. Recommend rezoning of Coral Trace from CF and RR to RM-7, based on
positive findings with respect to Section 2.4.5(D)(1) (rezoning findings),
Section 3.1.1, and the performance standards of Section 3.3.2.
C. Recommend denial of a rezoning for Coral Trace, based on a failure to
make positive findings with respect to LDR Section 2.4.5(D)(5) (Rezoning
Findings).
Recommend approval of the rezoning request for Coral Trace from CF (Community
Facilities) and RR (Rural Residential) to RM-7 (Medium Density Residential - 7 units per
acre), based upon positive findings with respect to Section 3.1.1 (Required Findings),
Section 3.3.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) of the Land
Development Regulations, and policies of the Comprehensive Plan.
Attachments:
Location/Zoning Map
Survey
TO: MAYOR AND CITY COMMISSIONERS - ~c~ ~&~b~ ~ ~£. ~9~/~ d~p? ~'~
~ ~ .~ ,Cc ~'~ /
FROM: CITY MANAGER~ - f~.~na~n , rZ?Z. ~'~ ~/~. ~we~/~ ~ff~'nS~z-
SUBJECT: AGENDA ITEM # /00- REGU~ MEETING OF APRIL 1, 1997
SECOND RE~ING/P~LIC HE~ING FOR ORDIN~CE NO. 16-97
(SEC~ITY BARS)
DATE: ~RCH 27, 1997
This is second reading and public hearing for Ordinance No. 16-97
which would regulate the use of security/burglar bars within the
City's industrial, commercial, office, and mixed use (residential/
non-residential) zoning districts. The objective is to improve
the appearance of businesses, protect the character and value of
surrounding properties and to promote an appealing streetscape.
The ordinance prohibits the installation of security bars on
building elevations which are adjacent to a street right-of-way on
structures located in commercial, office, and mixed use
(residential/nonresidential) zoning districts. As modified at the
March 18th meeting, it prohibits the use of bars on the exterior
of structures, but allows for the installation of bars on the
interior of a building with appropriate window screening. It also
provides for the use of decorative security bars in conjunction
with certain architectural styles.
The ordinance does not apply to residential zoning districts. It
provides an amortization clause for existing security bars to be
removed within two years of adoption of the ordinance. Other
provisions are that security bars may continue to be installed on
buildings in industrial zoning districts, but will be subject to
approval by the Site Plan Review and Appearance Board.
Alternative security measures such as retractable security bars,
gates and doors will be allowed subject to approval by SP~B or
the Historic Preservation Board, as appropriate.
At one time, burglar bars were the only available alternative for
protection against breakins. Now, however, there are a nu~er of
equally effective window security devices available. The
Community Redevelopment Agency has indicated that, in an effort to
assist business owners, it will fund 50% of the cost of protective
film for the windows if the bars are removed within one year of
the effective date of the ordinance.
The Planning and Zoning Board had recommend approval of the
original amendment by a vote of 4 to 1 (Young dissenting; McCarthy
and Schmidt absent). That amendment (Ordinance No. 12-97) was
voted down 5 to 0 on second reading by the City Commission on
March 18th. At the same time, the ordinance as modified (No.
16-97) was passed on first reading by a vote of 3 to 2 (Mr.
Ellingsworth and Mr. Randolph dissenting).
Recommend approval of Ordinance No. 16-97 on second and final
reading.
ref:agmemol0
FAILED ON 2ND/FINAL READING - APRIL 1, 1997
ORDINANCE NO. 16-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ENACTING A NEW SECTION
4.6.21, "SECURITY BARS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE
FOR THE PROHIBITION ON THE USE OF SECURITY BARS ON
THE EXTERIOR OF STRUCTURES LOCATED WITHIN THE
COMMERCIAL, OFFICE, AND MIXED-USE ZONING DISTRICTS;
TO PROVIDE FOR THE INSTALLATION OF BURGLAR BARS ON
THE INTERIOR OF A BUILDING WITH APPROPRIATE WINDOW
SCREENING; TO PROVIDE FOR THE USE OF DECORATIVE
SECURITY BARS IN CONJUNCTION WITH CERTAIN
ARCHITECTURAL STYLES; TO PROVIDE FOR A TWO YEAR
AMORTIZATION PERIOD; TO PROVIDE FOR REVIEW BY THE
SITE PLAN REVIEW AND APPEARANCE BOARD FOR SECURITY
BARS IN INDUSTRIAL ZONING DISTRICTS; AMENDING
APPENDIX A, "DEFINITIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH TO PROVIDE
FOR A DEFINITION FOR THE TERM "SECURITY
BARS/BURGLAR BARS"; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of February
24, 1997, and has forwarded the change with a recommendation of
approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the local planning agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan; and
WHEREAS, a substantial number of commercial businesses have
installed burglar bars on the building elevations which are visible
from the adjacent right-of-way; and
WHEREAS, the City Commission of the City of Delray Beach
finds that the presence of burglar bars on the exterior of commercial
businesses creates an unsightly appearance in the City, diminishing
the City's aesthetic attraction; and
WHEREAS, the City Commission finds that there is a need to
regulate the use of burglar bars on commercial businesses within the
City; and
FAILED ON 2ND/FINAL READING - APRIL 1, 1997
FAILED ON 2ND/FINAL READING - APRIL 1, 1997
WHEREAS, the City Commission finds that such regulations
governing burglar bars will serve to promote the aesthetics of the
City of Delray Beach and the welfare of the citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELP~AY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.6, "Supplemental District Regulations", of the Land
Development Regulations of the City of Delray Beach, be, and the same
is hereby amended, and a new Section 4.6.21, "Security Bars", is
hereby enacted to read as follows:
Section 4.6.21 Security Bars.
(A) Purpose and Intent: The objective of this section is
to improve the appearance of structures within the City's industrial,
commercial, office, and mixed use (residential/nonresidential) zoninq
districts, to protect the character and value of surroundinq
properties, and to promote an appealinq streetscape.
(B) Commercial, Office, and Mixed Use (Residential/
Nonresidential) Zoninq Districts:
The followinq applies to structures located within the
City's commercial, office, and mixed use (residential/nonresidential)
zoninq districts.
(t) Restrictions on Security Bars:
(a) Security bars may not be installed on the
exterior of buildinq elevations which face a street
riqht-of-way.
(b) Subject to approval by the Site Plan Review
and Appearance Board (SPP~AB) or the Historic
Preservation Board (HPB), security bars may be
installed on the interior of the buildinq elevation
when concealed by window tintinq or other screeninq
method.
(c) Subject to approval by the Site Plan Review
and Appearance Board or the Historic Preservation
Board, decorative security bars may be installed on
the exterior elevation of a structure if the security
bars are an architecturally recoqnized aesthetic
element of the structure's architectural style, such
as with Spanish or Mediterranean architecture.
- 2 - Ord. No. 16-97
FAILED ON 2ND/FINAL READING - APRIL 1, 1997
FAILED ON 2ND/FINAL READING - APRIL 1, 1997
(2/ Amortization: Owners of structures within the
City's commercial, office, and mixed use
(residential/nonresidential/ zoning districts which contain
permanent security bars on building elevations adjacent to
a street right-of-way shall remove the security/burglar
bars within two (2) years of the effective date of this
ordinance.
(C/ Industrial Zoning Districts: Security bars may be
installed on any elevation of structures located within the
industrial zoning districts subject to approval by the Site Plan
Review and Appearance Board.
(D) Alternative Security Measures: The use of alternative
security measures such as retractable security bars, gates, and doors
shall be subject to approval by the Site Plan Review and Appearance
Board or Historic Preservation Board, as appropriate.
Section 2. That Appendix A, "Definitions", of the Land
Development Regulations of the City of Delray Beach, be, and the same
is hereby amended, and a new definition, "Security/Burglar Bars", is
enacted to read as follows:
"Security/Burglar Bars." Any steel, metal, or iron bars
which are permanently affixed to the structure, including,
but not limited to, burglar bars, window bars, door bars,
or security bars. This definition does not apply to
retractable security gates, bars, and doors which are kept
open during business hours.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective
immediately upon its passage on second and final reading.
- 3 - Ord. No. 16-97
FAILED ON 2ND/FINAL READING - APRIL 1, 1997
FAILED ON 2ND/FINAL READING - APRIL 1, 1997
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
M A Y O R
ATTEST:
City Clerk
First Reading March 18, 1997
Second Reading
- 4 - Ord. No. 16-97
FAILED ON 2ND/FINAL READING - APRIL 1, 1997
TO: DAVID T. HARDEN
CITY MANAGER
THRU' D OR
DEPARTMENT,,OF PLANNING AND ZONING
SENIOR PLANNER
SUBJECT: MEETING OF MARCH 4, 1997
CONSIDERATION OF AN AMENDMENT TO ARTICLE 4.6,
SUPPLEMENTAL DISTRICT REGULATIONS, OF THE LAND
DEVELOPMENT REGULATIONS BY ADDING SECTION 4.6.21.
SECURITY BARS, AND A RELATED PROVISION TO APPENDIX
A (DEFINITIONS).
The action before the City Commission is that of a.DDr0val of an
amendment to Article 4.6, Supplemental District Regulations, of the
Land Development Regulations by adding Section 4.6.21, Secudty
Bars, and a related provision to Appendix A (Definitions).
This amendment has been requested by the City Manager, David T. Harden, to
regulate the use of security/burglar bars within the City's commercial zoning
districts. Pursuant to the City's home rule powers, the City may regulate the
development of property on the basis of protecting the public's health, safety,
and welfare; however, the regulations must be rationally related to the City's
stated goal. The use of security bars are aesthetically unpleasing and may
impact property values in surrounding areas as well as create an unappealing
streetscape. The bars also create a perception of an area of high crime which
negatively impacts the City's efforts to attract development.
City Commission Documentation
Meeting of March 4, 1997
Security Bars - LDR Text Amendment
Page 2
The proposed ordinance would apply to all commercial, office and mixed use
(residential/nonresidential) zoning districts. These zoning districts are primarily
located along commercial corridors/roadways which are heavily traveled by
residents, consumers, employees and visitors alike. While the use of security
bars within the City's commercial districts is sporadic, their use has a negative
visual impact on the surrounding area and the City as a whole. The ordinance
would not apply to residential zoning districts in which regulations regarding
aesthetics are not as restrictive, and security bars can be installed in a manner
that provide an attractive architectural element to the structure.
The proposed amendment provides an amortization clause for existing security
bars to be removed within two years of adoption of the ordinance. While the
ordinance will prohibit the installation of security bars, it will not prohibit the
installation of other security measures such as retractable gates and doors which
are typically closed only during non-business hours and can be designed in an
aesthetically pleasing manner. In order to assist business owners, CRA
(Community Redevelopment Agency) stated at its meeting of February 24th that
it would fund 50% of the cost of the protective film for the windows if the bars are
removed within one (1) year of the effective date of the ordinance.
At its meeting of February 24, 1997, the Planning and Zoning Board held a
public hearing regarding the proposed amendment. The Board voted 4-1
(Young dissenting; McCarthy and Schmidt absent) to recommend approval of the
amendment.
By motion, approve on first reading a text amendment to Article 4.6,
Supplemental District Regulations, of the Land Development Regulations by
adding Section 4.6.21. Security_ Bars. and a related provision to Appendix A
(Definitions), and setting a public hearing date of March 18, 1997.
Attachments:
· Ordinance by Others
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~Z~I
S JECT: AGENDA ITEM - RESO MEETING OF APRIL 1, 1997
FIRST READING FOR ORDINANCE NO. 17-97 (ANNEXATION, SMALL
SCALE FUTURE LAND USE MAP AMENDMENT AND INITIAL ZONING
FOR PATHWAYS ...TO RECOVERY, INC. )
DATE: MARCH 27, 1997
This is first reading for Ordinance No. 17-97 which annexes a 3.58
acre parcel of land owned by Pathways to Recovery, Inc. located on
the east side of Barwick Road, approximately 250 feet north of
Sabal Lakes Road. The ordinance provides for a small scale land
use plan amendment to change from the County's designation of MR-5
(Medium Density Residential - 5 dwelling units/acre) to an
official City designation of Medium Density Residential 5-12
dwelling units/acre, and establishes initial zoning of RM-8
(Medium Density Residential - 8 dwelling units/acre).
The property contains an existing alcohol and drug abuse treatment
facility. No change in use is proposed and the current requests
do not involve any modifications to the site, additional floor
area or increase in number of beds. Given the surrounding
densities, it is recommended that an RM-$ suffix be applied to the
initial zoning. This is consistent with the proposed land use
designation and the existing use of the property.
The Planning and Zoning Board considered this matter at a public
hearing on March 17, 1997, and voted 3 to 2 (Schmidt and Carbone
dissenting; Schwartz and McCarthy absent) to recommend that the
requests be approved with an initial zoning of RM-8, based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2.4.5(D) (5).
Recommend approval of Ordinance No. 17-97 on first reading, based
upon the findings and recommendation of the Planning and Zoning
Board. If passed, a quasi-judicial hearing will be scheduled for
April 15, 1997.
ref:agmemo9 ~ ~ ~ ~ ~
ORDINANCE NO. 17-97
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 EAST
SIDE OF BARWICK ROAD, APPROXIMATELY 250 FEET NORTH
OF SABAL LAKES ROAD, 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, Pathways to Recovery, Inc. is the fee-simple owner
of a 3.58 acre parcel of land located on the east side of Barwick
Road, approximately 250 feet north of Sabal Lakes Road; and
WHEREAS, Kilday & Associates, as duly authorized agent for
the fee-simple owner hereinabove named, has requested by voluntary
petition to have the subject property annexed into the municipal
limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes; and
WHEREAS, the subject property hereinafter described is
presently under the jurisdiction of Palm Beach County, Florida,
having a County Future Land Use Map designation of MR-5 (Medium
Density Residential - 5 dwelling units/acre); and
WHEREAS, the Advisory Future Land Use Map (FLUM)
designation for the subject property in the City of Delray Beach,
Florida, is 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 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 March 17, 1997, and voted 3 to 2 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 DELP~AY 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 North 521.00 feet of the South 771.00 feet of
the West One-Quarter (W 1/4) of the Northwest
One-Quarter (NW 1/4) of the Northeast One-Quarter
(NE 1/4) of Section 12, Township 46 South, Range 42
East, Palm Beach County, Florida, less the West
40.00 feet for road right-of-way, more particularly
described as follows:
Commencing at the Southwest corner of the Northwest
One-Quarter (NW 1/4) of the Northeast One-Quarter
(NE 1/4) of Section 12, Township 46 South, Range 42
East; thence run North 0 degrees 00'00" East, along
the West line of said NW 1/4, NE 1/4, a distance of
250.13 feet to a point on said West line, also being
the center line of Barwick Road (80' road
right-of-way); thence run South 88 degrees 10'24"
East, a distance of 40 feet to a point on the east
right-of-way line of Barwick Road and the Point of
Beginning; thence continue along the last described
course, a distance of 295.82 feet to a point on the
east line of the West One-Quarter (W 1/4) of the NW
1/4, NE 1/4 of said Section 12; thence run North 0
degrees 04'35" East along said East line, a distance
of 521.24 feet to a point; thence run North 88
degrees 10'25" West, a distance of 296.52 feet to a
point on the East right-of-way line of Barwick Road;
thence run South 0 degrees 00'00" West along said
East right-of-way line, a distance of 521.26 feet to
the Point of Beginning.
- 2 Ord. No. 17-97
The subject property is located on the east side of
Barwick Road, approximately 250 feet north of Sabal
Lakes Road; containing 3.58 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,
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.
- 3 - Ord. No. 17-97
Section 10. That this ordinance shall become effective as
follows: As to annexation, immediately upon passage on second and
final reading; as to land use and zoning, thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section
163.3187(3), F.S. If challenged, the effective date of the land use
plan amendment and zoning shall be the date a final order is issued
by the Department of Community Affairs, or the Administration
Commission, finding the amendment in compliance with Section
163.3184, F.S. No development orders, development permits, or land
uses dependent on this amendment may be issued or commence before it
has become effective. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective
status, a copy of which resolution shall be sent to the Department of
Community Affairs, Bureau of Local Planning, 2740 Centerview Drive,
Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 4 - Ord. No. 17-97
CANAL L-30
PINE 1REE DRI¥~
SUNRIS~ BOULEVARD
~'~A~ L A K E $
1.15 ROAD SOUTH SABAL
SEA GRAPE
aw u~rs ......................... CANAL L-31
/ N
PLANNING DEPARTMENT
C3TY OF DELRAY BEAC~-I. FL
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ;,'DIRECTOR
ND ZONING
FROM: ,)/E~t~P~Y A. COSTELLO
/SENIOR PLANNER
~r ~/.,r
SUBJECT: MEETING OF APRIL 1, 1997
ANNEXATION. SMALL-SCALE FUTURE LAND USE MAP
AMENDMENT FROM COUNTY MR-5 (MEDIUM DENSITY
RESIDENTIAL - 5 DU/AC) TO CITY MEDIUM DENSITY
RESIDENTIAL 5-12 DU/AC. AND INITIAL ZONING OF RM
(MEDIUM DENSITY RESIDENTIAL) FOR A PARCEL OF LAND
LOCATED ON THE EAST SIDE OF BARWlCK ROAD.
APPROXIMATELY 250 FEET NORTH OF SABAL LAKES ROAD
(PATHWAYS TO RECOVERY. INC.).
The action requested of the City Commission is that of approval on
first reading of an ordinance annexing a 3.58 acre parcel of land,
changing the Future Land Use Map designation from County MR-5
to City Medium Density Residential 5-12 units per acre, and
applying an initial zoning designation of RM (Medium Density
Residential).
The subject property is located on the east side of Barwick Road,
approximately 250 north of Sabal Lakes Road.
The 3.58 acre parcel is located within the City's Planning Area (Future
Annexation Area) and is seeking voluntary annexation at this time.
The parcel has a County Future Land Use Map designation of MR-5 (Medium
Density Residential - 5 units per acre) and County zoning of RH (High Density
Residential). The proposal is to annex the property into the City, change the
City Commission Documentation
Meeting of April 1, 1997
Annexation, Small-Scale FLUM Amendment with initial zoning of RM
Page 2
Future Land Use Map designation to City Medium Density Residential 5-12
du/ac, and apply an initial zoning designation of RM (Medium Density
Residential). The property contains an existing 5,950 sq.ft, alcohol and drug
abuse treatment facility with 5 asphalt parking spaces on the north side of the
property and a 7-space shellrock parking area and a sod parking area on the
south side of the property. The existing facility is approved by the Florida
Department of Children and Families for:
El Level 1 Residential Treatment
El Level II Residential Treatment - 20 beds
El Day/Night Treatment for Substance Abuse Clients
The requests do not involve any modifications to the site, additional floor area or
increase in number of beds. The applicant desires to continue to operate the
existing facility with no intensification of the use. At a later time, redevelopment
of the site will occur with uses consistent with the RM zone district. Additional
background and an analysis of the request is found in the attached Planning and
Zoning Board Staff Report.
!iiii!ii .................................... ii.,ii .................. i ....
At its meeting of March 17, 1997, the Planning and Zoning Board held a public
hearing in conjunction with review of the requests. There was public testimony
from County residents (Golf Club Estates subdivision) requesting a density lower
than the 8 units per acre recommended by staff. After reviewing the staff report
and discussing the proposal, the Board voted 3-2 (Schmidt and Carbone
dissenting; Schwartz and McCarthy absent) to recommend that the requests be
approved with an initial zoning of RM-8 (Medium Density Residential - 8 du/ac),
based upon positive findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies of the Comprehensive Plan, and
LDR Section 2.4.5(D)(5).
.:.:.:.:.:.:.' ':.:.:.:.:.:.:. ';.;.:-:-:.:-;.:-:.:.:.:.:.:.:..:.:.:.:.:.:.::.:.:-:-:-:-:.. ========================================== :::::::i:: ~
By motion, approve on first reading the ordinance for Annexation, the FLUM
amendment from County MR-5 to City Medium Density Residential 5-12 units per
acre, with an initial zoning designation of P,M-8 (Medium Density Residential - 8
du/ac), based upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the Comprehensive
Plan, and LDR Section 2.4.5(D)(5), and setting a public hearing date of April 15,
1997.
Attachments:
El P & Z Staff Report and Documentation of March 17, 1997
El Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: March 17, 1997
AGENDA ITEM: V.A.
ITEM: Future Land Use Map Amendment from County MR-5 (Medium Density
Residential- 5 units/acre) to City Medium Density Residential 5-12 units/acre,
and Annexation with Initial Zoning of RM (Medium Density Residential) for
Pathways to Recovery, Inc., Located on the East Side of Barwick Road,
Approximately 250 Feet North of Sabal Lakes Road.
GENERAL DATA:
Owner/Applicant ......................... Pathways to Recovery, Inc. II '( (
Agent .......................................... Kieran J. Kilday, · I I I I I I I J
Kilday & Associates a ~
Location ..................................... East sideofBarwickRoad, I II I Ii
approximately 250' north of Sabal ! I.~[ ,,~t~ ~[,~,~l
Lakes Road.
Property Size .............................. 3.58 Acres
Existing County Future Land
Use Map Designation ................ County MR-5 (Medium Density
Residential - 5 units/acre)
Proposed City Future Land Use
Map Designation ......................... Medium Density Residential
5-12 units/acre
Existing County Zoning ............... County RH (High Density
Residential)
Proposed City Zoning ................. RM (Medium Density Residential)
Adjacent Zoning ................ North: County RS (Single Family
Residential)
East: City CF (Community Facilities)
~-m**.',m [:3TY LIMITS
South: County AR CANAL L-31
Existing Land Use ...................... A 5,950 sq.ft, alcohol and drug
abuse treatment facility with -
associated parking and
landscaping. ~(,~..~ ,[.~ ~
Proposed Land Use .................... Same as existing. Annexation with
initial zoning of RM to obtain City.t/~
services. )MA
Water Service ............................. Available via extension of an 8"
water main from the existing 12"
main at the intersection of Sabal
Lakes Road and Barwick Road.
Sewer Service ............................ Available via extension of theL A K £ I D A E O A D
existing 8" sewer main at the ~ ......
intersection of Sabal Lakes ROadand Barwick Road. ~~1 I~~'"~
The item before the Board is that of making a recommendation on
a Voluntary Annexation (pursuant to Flodda Statute 171.044), and
a Small-Scale Future Land Use Map amendment from County MR-
5 (Medium Density Residential - 5 units per acre) to City Medium
Density Residential 5-12 units per acre with initial zoning of RM
(Medium Density Residential) for Pathways to Recovery, Inc.
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 east side of Barwick Road,
- approximately 250 north of Sabal Lakes Road, and contains 3.58
acres.
The subject property consists of two unplatted parcels of land, is currently
located in unincorporated Palm Beach County and has an RH (High Density
Residential) zoning 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 contains an existing 5,950 sq.ft, alcohol and drug abuse
treatment facility with 5 asphalt parking spaces on the north side of the property
and a 7-space shellrock parking area and a sod parking area on the south side
of the property.
On October 6, 1966, the original conditional use was approved for a nursing
home, convalescent home and a psychiatric hospital. On November 5, 1970,
expansion of the conditional use was approved by the Palm Beach County
Commission under Petition No. 23 and ratified by Resolution No. 3-CCC-70.
The expansion included an office building and enlargement of the consultation
facilities for mental health and medical professionals.
In 1990, the property was purchased and occupied by Pathways to Recovery,
Inc. On February 7, 1997, requests for annexation, Future Land Use Map
amendment and initial zoning were submitted, and are now before the Board for
action.
~:~:~:~:~:~:~:~:~:~:~:F:::~:~:~:~:::::~:::~:~:~:~;~:::~:::~:~::~:~.~::~:~:~:~::~:~::::::~::~:~:~;~F~:~``~:<~`~.~~' :~;::' "~ -. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
~..:.:~...-.,:..............:.:~.........:.:+:....,.,~.~¢..:'..:'~..:- .~.~...×+:~.~., ...... ..~....:.: ...:.. .:.:.......~...- ...~ ~: . :~. ~ ':.~. :. .: . :.~.:~.~..~.. ~:~:.~.....:::.:..~,.:. ~.~:..¥~.::~.¢:~:.:.:.:
The subject property is a 3.58 acre parcel having a County Future Land Use Map
designation of MR-5 (Medium Density Residential - 5 units per acre) and County
zoning of RH (High Density Residential). The proposal is to annex the property
into the City, change the Future Land Use Map designation to City Medium
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 2
Density Residential 5-12 du/ac, and apply an initial zoning designation of RM
(Medium Density Residential). The existing property contains an existing 5,950
sq.ft, alcohol and drug abuse treatment facility. The existing facility is approved
by the Florida Department of Children and Families for:
El Level I Residential Treatment
El Level !1 Residential Treatment - 20 beds
El Day/Night Treatment for Substance Abuse Clients
The requests do not involve any modifications to the site, additional floor area or
increase in number of beds.
C~Irrent Land Use Designations: The current County Future Land Use Map
designation for the property is County MR-5 (Medium Density Residential - 5
du/ac). The current City "advisory" designation for this property is Medium
Density Residential 5-12 du/ac.
Requested Land Use., Designation: The requested Future Land Use Map
change is to City Medium Density Residential 5-12 du/ac.
Florida Statutes '163.3'187 - Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statues 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.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 3
The Future Land Use Map amendment involves a 3.58 acre area, thus the total
area is less than the 10 acre maximum. The proposed amendment to Medium
Density Residential 5-12 du/ac is being processed concurrently with a request for
'annexation and initial zoning of RM (Medium Density Residential) to
accommodate the existing alcohol and drug abuse treatment facility as an
approved conditional use. The Medium Density Residential land use designation
is consistent with zoning districts which include single family, and Iow and
medium density multiple family developments. 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 or
within the last year.
Land Use Analysis:
Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use
Map), all land uses and resulting structures must be allowed in the zoning district
within which the land is situated and, the zoning designation 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
(Medium Density Residential) zoning district. The proposed RM zoning
designation is deemed consistent with the proposed Medium Density Residential
5-12 du/ac Future Land Use Map designation. The existing use (alcohol and
drug abuse treatrhent facility) is allowed as a conditional use within the RM
zoning district. Based upon the above consistency with the Future Land Use
Map can be made.
Consistency between the City_ and County_ Land Use Designations:
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. The proposed City Future Land Use Map designation for the
property is Medium Density Residential-12 du/ac, which is the current "advisory"
designation. The City's Medium Density Residential designation is consistent
with the existing County designation of MR-5 (Medium Density Residential - 5
units per acre). Upon annexation, only the City's FLUM designation will apply.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 4
Adjacent Land Use Map Designations, Zoning Designations & Land USES;
North: North of the subject property has a Palm Beach County Future Land Use
Map designation of MR-5 (Medium Density Residential - 5 du/ac) and is zoned
RS (Single Family Residential). The existing use is a single family residence.
South: South of the subject property has a Palm Beach County Future Land Use
Map designation of MR-5 (Medium Density Residential - 5 du/ac) and is zoned
AR (Agricultural Residential). The existing use is a single family residence.
East: The abutting property to the east has a City Future Land Use Map
designation of Community Facilities - School and is zoned CF (Community
Facilities). The existing use of the property is Banyan Creek Elementary School.
West; West of the subject property has a Palm Beach County Future Land Use
Map designation of MR-5 and is zoned AR (Agricultural Residential). The
existing use of the property is Golf Club Estates single family subdivision.
Allowable Land Uses:
Under the proposed Medium Density Residential 5-12 du/ac Future Land Use
Map designation, residential zoning districts which accommodate single family,
and Iow and medium density multiple family developments'are allowed (R-1-A
thru R-l-AAA, RL, PRD, and RM). In addition, zoning designations of
Community Facilities, Open Space, and Open Space and Recreation are also
deemed consistent. The applicant has requested an initial zoning designation of
RM (Medium Density Residential) which is consistent with the proposed land use
designation.
Land Use Compatibility_:
As described in the Future Land Use Element of the Comprehensive Plan, the
proposed Medium Density Residential 5-12 du/ac land use designation is applied
to land which is developed, or is to be developed at a density between 5 and 12
units per acre. Such land is usually developed in planned communities or exists
in older areas where there are duplexes and condominiums. Homeownership is
characteristic of this designation. Where this designation exists, uses other than
those which are residential in character shall not be considered. While the
existing use is not technically Iow or medium density residential, it is residential
in character and impact. Compatibility of the existing use (alcohol and drug
abuse treatment facility) with the abutting residences is not a concern as the use
has co-existed with the surrounding properties for many years.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 5
VVhile the existing use of the property is not a concern, the higher density range
of the Medium Density Residential FLUM designation allowing 5-12 units per
acre and the density's compatibility with the adjacent residential developments is
a concern. The adjacent properties to the north and south contain single family
homes which are developed at approximately 1 unit per acre. The single family
subdivisions to the west (Golf Club Estates) and southwest (Barwick Ranch)
contain densities of 3.17 and 2.95 units per acre, respectively. The existing
nursery to the northwest has an "advisory" City FLUM designation of Low
Density Residential which allows a maximum of 5 units per acre. Approximately
250 feet to the south is the Sabal Lakes planned residential development with
single family components developed at less than 4 units per acre. However, the
vacant multi-family component of the PRD, adjacent to Barwick Road, allows a
density of 7.46 units per acre.
Any future development of the property should be consistent with the densities of
the surrounding residential developments. The current development potential of
the property under the County's land use designation (MR-5) is 17 units or 5
units per acre. The maximum density allowed under the proposed City MDR
land use designation is 12 units per acre or 42 units (3.58 ac X 12 u/a). As the
proposed City RM zoning has a range of 6-12 units per acre, it is appropriate to
limit the upward range in density to a density similar to the maximum allowed
with the Sabal Lakes multiple family component which is 8 units per acre. To be
consistent with adjacent properties, future development with a density of 8 or
less units per acre should be allowed. This maximum can be assured through
the designation of a 8 units per acre suffix which would allow a total of 28 units.
Site specific compatibility of future development with the adjacent residential
developments will be addressed at the time of site development plan review.
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".
The property is contiguous with the City, reasonably compact, and its
annexation will not create an enclave. Annexation of this property results in
the reduction of an existing enclave.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 6
Land Development Regulations Governing Annexations:
Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner
of land may seek the annexation of contiguous property, under his ownership"
pursuant to Florida Statutes. The property owner has voluntarily petitioned for
this annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Designated Annexatiol~ Area: The territory to be annexed is located within
"designated annexation area No. 6" east of Military Trail, north of Lake Ida Road.
- Annexation of the territory is consistent with Future Land Use Element Policy B-
3.4, which calls for annexation of eligible properties through voluntary
annexations as the opportunities arise.
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 Policy B-3.1). The following is a
· discussion of required services and the manner in which they will be provided.
Police: This property is currently serviced by the Palm Beach County Sheriff's
Office, located at 345 South Congress, which serves the South County area.
The property lies within Sheriff patrol zone 4. Zone 4 is bordered by El Clair
Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue 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 patrol the abutting school and the single family developments,
250 feet to the south, which are within the City limits.
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). 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 6 minutes of the County_ Fire Department (Indian Springs/Military Trail
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 7
& Woolbright Road) to approximately 1.5 minutes for the City's Fire Department
(Fire Station No. 4 at Barwick and Lake Ida Roads).
Water: The existing facility currently obtains water via a well system and
municipal water service does not currently exist to the site. Municipal water
service is available via extension of an 8" water main from the existing 12" main
at the intersection of Barwick and Sabal Lakes Roads, 800 feet north to the
subject property's north property line. Along the main fire hydrants would be
installed every 400 feet, to provide adequate fire suppression for this area.
However, upon annexation, the property will not be required to connect to the
City's water system. Pursuant to the Comprehensive Plan, treatment capacity is
_ available at the City's Water Treatment Plant for the City at build-out.
Sewer: The existing facility utilizes a septic system. Sewer service is not readily
available to the site. Sewer service is available via extension of the existing 8"
sewer main at the intersection of Barwick and Sabal Lakes Roads, 800 feet north
to the subject property's north property line. Pursuant to the Comprehensive
Plan, treatment capacity is available at the South Central County Waste Water
Treatment Plant for the City at build-out. Upon annexation, connection to the
City's sewer system will not be required.
Streets: This property has direct access to BanNick Road, which is under the
jurisdiction of Palm Beach County. The jurisdictional responsibility and the
associated maintenance responsibility will not change upon annexation.
A traffic statement was submitted based upon the existing use of the property as
a 20-bed alcohol and drug abuse treatment facility generating a total of 50 trips
per day. The maximum development potential allowed under the proposed
Medium Density Residential (42 multiple family units) would generate a total of
294 average daily trips, which is a '~vorst case" scenario. As there are no
changes proposed there will be no changes with regard to traffic. However, if in
the future additional floor area or beds are proposed, a traffic study will be
required with a Conditional Use modification application.
Parks and Open Space: The annexation of the property as an alcohol and drug
abuse treatment facility will not create an additional impact on park and
recreational facilities. If the property is developed for residential purposes in the
future, a parks and recreation impact fee of $500 per unit would 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 remain the same, as
described later in this report.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 8
Financial Impacts:
Effect Upon Annexed Property.:
For the 1996 tax year the Pathways of Delray, Inc. had an asseSsed value of
$448,314.00. With the change from County to City jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Millage With Annexation
Fire/Rescue MSTU 2.5293 Deleted (County)
Library .4838 Deleted (County)
City Of Delray Beach 6.9500 Added (City)
City of Delray Beach Debt 0.9000 Added (City)
4.8369 Difference*
* Total tax millage in the County is 19.8142 mills while in the City the total
millage rate is 24.6511 mills.
The current yearly ad valorem taxes are $8,882.98. With annexation the yearly
ad valorem taxes would normally be $11,051.43; a tax difference of $2,168.45.
In addition to property taxes, the following is provided with regard to Non Ad
Valorem taxes:
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. It is noted that 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 contains a Unonresidential use",
this assessment would be imposed in the amount of approximately $253.81.
Solid Waste Authority - The Military Trail annexation areas are currently
serviced by BFI (Browning-Ferris Industries) which is also the current City
provider.
Occupational License Fees - As the property contains an alcohol and drug
abuse treatment facility, an occupational license will be required. This license
will be in addition to the current County license fee required for an alcohol and
drug abuse treatment facility of approximately $30 per year. The City license fee
for the facility is $125.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 9
Resulting Impacts to Property Owner:
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES $ 2,168.45
(Change from 95/96 County of 19.8142
to City 94/95 rate 24.6511 mills.(4.8369)
NON AD VALOREM
Stormwater Assessment $ 253.81
WATER & SEWER UTILITY FEES * $.00
OCCUPATIONAL LICENSE FEES $125.00
ANNUAL FINANCIAL IMPACT: $2,547.26
· Water and Sewer fees will increase with consumption.
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from (estimated time)
6.0 minutes (County) to 1.5 minutes (City)
EMS + Faster response time from (estimated time)
6.0 minutes (County) to 1.5 minutes (City)
POLICE + Better response based upon more officers
in field.
CODE ENFORCEMENT + Pre-active vs reactive opportunity to work
with property owners
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 10
Fiscal Impacts to the City.: At the 1996 City operating millage rate of 6.95 mills
and debt rate of 0.90 mills, the property will generate approximately $3,519.26 in
new ad valorem taxes per year. VC~th the future development, additional
revenues will be realized through increased assessment value, building permit
and licensing fees, the annual collection of the stormwater assessment fee as
well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric,
telephone, and cable. If water and sewer are installed, the associated rate will
be applied which is a minimum $384.00 per year and will increase with
consumption.
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The proposed initial City zoning designation is RM (Medium Density Residential)
while the current County zoning designation is RH (High Density Residential).
The surrounding zoning designations are: Palm Beach County RS (Single Family
Residential) to the north; County AR (Agricultural Residential) to the south and
west; and, City CF (Community Facilities) to the east.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.~.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the Staff Report or Minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas:
FUTURE LAND USE MAP: The use or structures must be allowed in the
zoning district and the zoning district must be consistent with the land use
designation.
The proposed RM zoning designation is consistent with the proposed Medium
Density Residential 5-12 du/ac land use designation. The proposed RM zoning
designation is deemed consistent with the Medium Density Residential Future
Land Use Map designation. Pursuant to LDR Section 4.4.6(D)(2), within the RM
zone district, the existing alcohol and drug abuse treatment facility is allowed as
a conditional use. 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.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 11
The proposal involves the annexation of land containing a single family use.
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 contains an existing alcohol and drug abuse treatment
facility with associated parking and a miniature golf course. A site visit was
conducted and revealed code violations with regard to perimeter landscaping
and parking on an unimproved (shellrock) surface. These conditions have
- existed for many years and will not be required to be upgraded to current
standards upon annexation. Any future development, however, will be required
to comply with all Land Development Regulations.
CONSISTENCY; Compliance with the performance standards set forth in
Section 3.3.2 {Standards for Rezoning Actions), along with the required
findings in Section 2.4.5(D)($) (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:
A review of the goals, objectives and policies of the adopted
Comprehensive Plan was conducted and no applicable items were
identified.
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 property is designated vacant residential on the Neighborhood
Categorization Map. However, the properties to the south (Sabal Lakes
Subdivision) and southwest (Barwick Ranch) are noted as Stable
residential. The rezoning is required in conjunction with the annexation
request. The proposed RM zoning designation is consistent with the
proposed MDR land use map designation and the existing County RH
zoning and MR-5 land use designations.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of F~ ; and Small-Scale Future Land
Use Map Amendment ,
Page 12
D) That the rezoning shall result in allow{~g land uses which are
deemed compatible with adjacent and ~earby. land uses both
existing and proposed; or that if an ince. r patibility may occur, that
sufficient regulations exist to properly miti! ate adverse impacts from
the new use.
As previously stated under 'Land Use .{ompatibil{ty', any future
development of the property should be con~S~nt with ~e densities of the
surrounding residential developments. To~'b~'consist~nt with adjacent
properties, future development with a density~f 8 or less units per acre
should be allowed. This maximum ca~e a~s~red through the
designation of a 8 units per acre suffix whic~wou~iallow a total of 28
units. Site specific compatibility of future dev~1°pm~.nt, with the adjacent
residential developments will be address6d at the time of site
development plan review. .~
The initial RM-8 zoning designation will accom~od~e the ~xisting alcohol
and drug abuse treatment facility as a legally estal~shed conditional use.
Compatibility of the proposed use is not *~; 'c~ern as the use is
residential in character and has co-existed with~the~a~Jacent properties for
many years :';~. '
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5), in addition to the p~iSrons of Section
3.1.1, the City Commission must make a finding tha.t..~e reZoning fulfills
one of the reasons for which the rezoning change is ~ing sought. These
reasons'include the following: ~' ~,
a) That the zoning had previously been chan~ed, or was originally
established, in error;
b) That there has been a change in circumstan.ces ~hich make the
current zoning inappropriate;
c) That the requested zoning is of similar intensity ~)~ allowed under
the Future Land Use Map and that it is more ap_ .~o.r)riate for the
property based upon circumstances particular to~the site and/or
neighborhood.
The applicant has submitted a justification statement which stat~_ the following:
is
"The property owner is desirous of annexation into ttja City to obtain
enhanced po/ice, fire-rescue, and municipal services. ~ the property is
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 13
contiguous to the municipal boundaries and the rezoning is consistent
with the City's Comprehensive Plan, we believe the annexation/rezoning
request is both logical and appropriate. No change in use is proposed."
Comment: The justification statement addresses Items "b" and "c" as 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 Medium Density Residential FLUM designation.
However, the RM-8 zoning is more appropriate given the surrounding residential
densities and. the existing use of the property as an alcohol and drug abuse
treatment facility, which is not allowed in any of the City's other residential zoning
designations (R-1-A thru R-l-AAA, RL, and PRD).
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).
P. alm Beach County Notice:
On February 25, 1997 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 Notice:
Notice of the Future Land Use Map Amendment was also provided to the
Interlocal Plan Amendment Review Committee (IPARC) which distributes the
information to adjacent municipalities. To date, a response has not been
received.
Courtesy Notice:
Courtesy notices were sent to the following homeowner's and civic associations:
Brandon Drive Homeowner's Association [3 Rainberry Bay
Chatelaine [3 Rainberry lake
Country Manor [3 Rainberry Woods
Delray Shores [3 President's Council
Lake Forest South [3 United Property Owners
PROD (Progressive Residents of Delray)
Sabal Lakes II Homeowner's Association
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 14
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.
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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 of similar intensity as the current County MR-5 land use
designation. It is noted that with the change from County MR-5 to City MDR an
increase of 25 residential units is possible in addition to the 17 units currently
allowed under the County MR-5 land use designation. Given the surrounding
densities, it is recommended that a RM-8 suffix be applied with associated initial
zoning. The application of an initial zoning designation of RM-8 is consistent
with the proposed land use designation and the existing use of the property as
an alcohol and drug abuse treatment facility.
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., stormwater assessment fees and occupational license fees. 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 $3,519.26
a year.
A. Continue with direction.
B. Recommend approval of the Annexation, Small-Scale Future Land Use
-Map amendment from County MR-5 to City Medium Density Residential 5-
12 du/ac and initial zoning designation of RM-8 (Medium Density
Residential - 8 du/ac) for Pathways to Recovery, Inc.
C. Recommend approval of the Annexation, Small-Scale Future Land Use
Map amendment from County MR-5 to City Medium Density Residential 5-
12 du/ac and initial zoning designation of RM (Medium Density
Residential) for Pathways to Recovery, Inc.
Planning and Zoning Board Staff report
Pathways to Recovery, Inc. - Annexation with Initial Zoning of RM and Small-Scale Future Land
Use Map Amendment
Page 15
D Recommend denial of the Annexation, Small-Scale Future Land Use Map
amendment from County MR-5 to City Medium Density Residential 5-12
dulac and initial zoning designation of RM (Medium Density Residential)
for Pathways to Recovery, Inc., with the basis stated.
Recommend approval of this Annexation, Small-Scale Future Land Use Map
amendment from County MR-5 to City Medium Density Residential 5-12 du/ac
and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac) for
Pathways to Recovery, Inc., based upon positive findings with respect to LDR
_ Section 3.1.1, Section 3.3.2, Section 2.4.5(D)(5), policies of the Comprehensive
Plan, and the following:
A. That the property is contiguous, reasonably compact and does not create
an enclave; and,
B. That services will be provided to the property in a manner similar to other
properties within the City.
Attachments: Location Map
Survey
This Report prepared by: Jeff Costello. Senior Planner
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Iqg2q'AGER~
SUBJECT: AGENDA ITEM # I~i~J'- REGULAR MEETING OF APRIL 1, 1997
FIRST READING FOR ORDINANCE NO. 18-97 (SMALL SCALE
FUTURE LAND USE MAP AMENDMENT FOR PATON/LEVY PROPERTY
(FRONRATH VEHICLE SALES, RENTAL AND LEASING FACILITY)
DATE: MARCH 27, 1997
This is before the Commission to consider on first reading an
ordinance to change the Future Land Use Map (FLUM) designation
from Transitional to General Commercial for a 0.50 acre parcel of
land known as the Paton/Levy property. It is located at the
northeast corner of South Federal Highway and Avenue "G". Item
12.C. on the agenda is related in that it proposes to rezone the
subject property to SAD (Special Activities District).
In October, 1996, the Commission approved similar land use actions
for the Levy property which abuts this site to the north and east.
The purpose of the subject FLUM amendment and rezoning is to
combine the subject property with the Levy property as one
facility for Fronrath vehicle sales, rental and leasing, with no
service component.
The Planning and Zoning Board considered these items at a public
hearing on March 17, 1997, and voted 5 to 0 (Schwartz and McCarthy
absent) to recommend that the Small Scale Future Land Use Map
amendment from Transitional to General Commercial be approved,
based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations,
policies of the Comprehensive Plan, with a finding that the
potential benefits of the development proposal outweigh the
conflicts with Future Land Use Element Policy A-2.4 of the
Comprehensive Plan.
Recommend approval of Ordinance No. 18-97 on first reading as
recommended by the Planning and Zoning Board. If passed, a
quasi-judicial public hearing will be scheduled for April 15,
1997.
ref: agmemol4
ORDINANCE NO. 18-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM
TRANSITIONAL TO GENERAL COMMERCIAL, FOR A PARCEL OF
LAND KNOWN AS THE PATON/LEVY PROPERTY LOCATED AT THE
NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY AND AVENUE
G, AS THE SAME IS MORE PARTICULARLY DESCRIBED
HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is designated
on the Future Land Use Map (FLUM) in the Comprehensive Plan for the
City of Delray Beach, Florida, as Transitional; and
WHEREAS, at its meeting of March 17, 1997, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item at a public hearing and voted 5 to 0 to recommend
approval of the small scale FLUM amendment, based upon positive
findings; and
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan be amended to reflect the revised land use
designation of General Commercial.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject
property is as follows:
Lots 6, 7, 8, 9 and 10, inclusive, less the west 38
feet of said lots conveyed to the State of Florida
in Deed Book 1103, Page 297, and Lots 11 and 12, all
in Block 24, Del Raton Park and together with the
abandoned 10 foot alley bounded on the east by the
west line of Lot 11 of Block 24; on the west by the
east line of Lots 6-10; on the north by the easterly
extension of the north line of Lot 6; on the south
by the easterly extension of the south line of Lot
10, Block 24 (abandoned by resolution in O.R. Book
4053, Page 744) and together with abandoned 10 foot
alley bounded on the west by Lot 12; on the east by
Lots 16 and 17; on the north by the easterly
extension of the north line of Lot 12; on the south
by the westerly extension line of the south line of
Lot 16 (abandoned by resolution in O.R. Book 4053,
Page 744), all in Block 24, Del Raton Park,
according to the Plat thereof as recorded in Plat
Book 14, Page 9 of the Public Records of Palm Beach
County, Florida.
The subject property is located at the northeast
corner of South Federal Highway and Avenue "G";
containing 0.50 acre, more or less.
Section 2. That the Future Land Use Map designation for
the subject property in the Comprehensive Plan is hereby changed from
Transitional to General Commercial.
Section 3. 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 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective
thirty-one (31) days after adoption, unless the amendment is
challenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a final order is
issued by the Department of Community Affairs, or the Administration
Commission, finding the amendment in compliance with Section
163.3184, F.S. No development orders, development permits, or land
uses dependent on this amendment may be issued or commence before it
has become effective. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective
status, a copy of which resolution shall be sent to the Department of
Community Affairs, Bureau of Local Planning, 2740 Centerview Drive,
Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 18-97
I
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-~~ -FUTURE LAND USE MAP AMENDMENT-
PLANNING DEPARTMENT FROM: TRN (TRANSITIONAL) TO: GC (GENERAL COMMERCIAL)
OTY OF O£LRAY 8EACH. FL
-- OIGIFAL ~45£ M.4P ,~Tg'M -- MAP REt: LM135
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT .OF PLANNING AND ZONING
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FROM:
SUBJECT: MEETING OF APRIL 1, 1997
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM
TRANSITIONAL TO GENERAL COMMERCIAL. AND REZONING
FROM POD (PROFESSIONAL AND OFFICE DISTRICT) AND RM
(MEDIUM DENSITY RESIDENTIAL) TO SAD (SPECIAL
ACTIVITIES DISTRICT) FOR FRONRATH VEHICLE SALES.
RENTAL AND LEASING FACILITY (PATEN PROPERTY).
The action requested of the City Commission is that of approval on
first reading of an ordinance changing the Future Land Use Map
designation from Transitional to General Commercial, and
rezoning from POD (Professional and Office District) and RM
(Medium Density Residential) to SAD (Special Activities District) for
Fronrath vehicle sales, rental and leasing facility (Paten Property).
The subject property is located at the northeast corner of South
Federal Highway and Avenue G, immediately adjacent to the Levy
Property.
Prior to July, 1989, the subject property (Lots 6-10, Lots 11-12, Block 24, Del-
Raton Park) was in unincorporated Palm Beach County. The west portion of the
property contains an asphalt area previously occupied by the Auto Ranch used
car dealership, which vacated the site prior to 1989. The east portion of the site
contains a vacant single family residence.
City Commission Documentation
Meeting of April 1, 1997
Small-Scale FLUM Amendment to General Commercial and Rezoning to SAD for Fronrath
Vehicle Sales, Rental and Leasing (Paton Property)
Page 2
At its meeting of October 1, 1996, the City Commission approved a Future Land
Use Map Amendment, Rezoning to SAD (Special Activities District) and an
attendant site plan for the abutting property to the north and east (Levy Property)
establishing vehicle sales, rental and leasing, with no service component.
The purpose of the FLUM amendment and rezoning is to combine the subject
property with the abutting Levy property as one facility, for Fronrath Vehicle
Sales. The SAD will limit the property to the following uses:
!. Vehicle sales, rental and leasing, with no service component.
The associated site development plan includes the following components:
· Demolition of the existing vacant 1,146 sq.ft, single family residence and
removal of an existing chain link fence;
· Construction of a 53-space parking lot consisting of 30 display, 20 bullpen,
and 3 customer parking spaces, including one handicapped accessible
parking space;
· Installation of associated site lighting and landscaping; and
· Reconfiguration of a retaining wall and installation of a 6' high wall along the
east portion of the south property line.
Additional background and an analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
On March 17, 1997, the Planning and Zoning Board held a public hearing in
conjunction with review of the requests. One member of the public spoke in
support of the requests, and another spoke in opposition to the requests. After
reviewing the staff report and discussing the proposal, the Board voted 5-0
(Schwartz and McCarthy absent) to recommend that the requests be approved
with conditions, based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the
Land Development Regulations, and the Comprehensive Plan, upon a finding
that the potential benefits of the development proposal outweigh the conflicts
with Future Land Use Element Policy A-2.4 of the Comprehensive Plan.
City Commission Documentation
Meeting of April 1, 1997
Small-Scale FLUM Amendment to General Commercial and Rezoning to SAD for Fronrath
Vehicle Sales, Rental and Leasing (Paton Property)
Page 3
By Separate Motions;
A. Approve the request for a Small-Scale Future Land Use Map Amendment
from Transitional to General Commercial for Fronrath Vehicle Sales, Rental
and Leasing Facility based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, and policies
of the Comprehensive Plan, that the potential benefits of the development
proposal outweigh the conflicts with Future Land Use Element Policy A-2.4 of
the Comprehensive Plan.
B. Approve the rezoning request from POD and RM to SAD and attendant site
plan for Fronrath Vehicle Sales, Rental and Leasing Facility based upon
positive findings with respect to Chapter 3 (Performance Standards),
Sections 2.4.5(D)(5)(b) and (c) (Rezoning Findings), and Section 2.4.5(F)(5)
(Site Plan Findings) of the Land Development Regulations, and policies of the
Comprehensive Plan, subject to the following conditions:
1. That the permitted use on the subject property is limited to the following:
· Vehicle parking (employee, customer, display and
bullpen/inventory) to be used in conjunction with the abutting
vehicle sales, rental and leasing facility, with no service component.
2. That the site lighting be reduced to comply with LDR Section 4.4.10(G)(6)
(Lighting Restrictions) and a revised photometrics plan submitted;
3. That a non-impacting site plan modification be processed modifying the
approved site plan for the Levy Property to reflect the proposed changes
at the southwest portion of the site;
4. That cross-access, parking and drainage agreements be executed
between Paton/Fronrath and Levy, or a Declaration of Unity of Title
combining the Paton/Fronrath and Levy properties recorded; and,
5. That the south portion of the 10' wide north/south alley along the east
side of Lot 12 be abandoned and incorporated into the overall
development, or the site plan be revised to exclude the alley.
Attachments:
· P & Z Staff Report and Documentation of March 17, 1997
· Ordinance by Others
CONOOMINIUM APARTME:NT ASSOCIATION
2801 Florida Blvd. · Delray Beach · Florida 33483
Phone: 272-1094
March 10, 1997
Mr. Jeff Costello
Planning Board,
100 N.W. 1st Avenue
Delray Beach, Fl. 33444
Dear Mr. Costello:
Please be advised that the Board of Directors
of the Tropic Bay Condominium Association, 2801 Florida
Blvd. Delray Beach, Fla. 33483, have Ho objections to
the use of the Paton property by the Gary Fronrath
organization.
We understand that this property is to be used
by the Fronrath company for vehicle parking in conneCtion
with their 'display, %easing and sales of vehicles,as well
as customer parking. ..
We further understand that there will be a
"bull pen" area, as well as space for their employees'
parking; and no service facilities will be placed on
this site.
At th~s time please note that we have requested
and expect a sign to be posted 'at. the south exit ·of the
Levy property, the egress from'Levy property onto
Avenue G, to read "RIGHT TURN ONLY".
We hope this' information·will'help to expedite
this application.
Sincerely yours,
Geraldino ?. ~il¢ox
President,
TROPIC' BAY CONDOMINIUM
APARTMENT ASSOCIATION
cc - Roger G. Saberson, P.A. ·
MAR !8 1992
PLANNING & ZONING
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: March 17, 1997
AGENDA ITEM: V.D.
ITEM: Future Land Use Map Amendment from Transitional to General
Commercial, and Rezoning from POD (Professional and Office District)
and RM (Medium Density Residential) to SAD (Special Activities District)
with an Attendant Site Plan for a Parcel of Land Located at the
Northeast Comer of S. Federal Highway and Avenue G.
GENERAL DATA:
Owner. ........................................ George R. Paton (Residuary Trust
under will dated January 8, 1986)
Applicant ..................................... Gary Fronrath, Trustee
Agents ........................................ Roger Saberson & James Johnson
Location ...................................... Northeast comer of S. Federal
Highway and Avenue "G".
Property Size .............................. 0.50 Acre
Existing Future Land Use Map
Designation ................................. Transitional
Proposed Future Land Use Map
Designation ................................. General Commercial
Current Zoning ............................ POD (Professional and Office
District) and RM (Medium Density
Residential)
Proposed Zoning ........................ SAD (Special Activities District)
Adjacent Zoning ................ North: SAD
East: SAD
South: POD and RM
West: AC (Automotive Commercial)
Existing Land Use ....................... Asphalt parking area (formerly Auto
Ranch used car sales) and vacant
single family residence.
Proposed Land Use .................... Demolition of the existing
residential structure and
construction of a 52-space parking
lot with associated site lighting and
landscaping which will be used in
conjunction with the Fronrath
Vehicle Sales, Rental, and Leasing
Facility to be established on the
abutting property (Levy Property).
Water Service ............................. Water service is available via a
service lateral connection to an 12"
water main within Federal Highway
or the 8" main at the east end of
Avenue G.
Sewer Service ............................. Sewer service is available via a
service lateral connection to the 8"
main at the east end of Avenue G.
The action before the Board is that of making a recommendation
on a Small-Scale Future Land Use Map Amendment from
Transitional to General Commercial and rezoning from POD
(Professional and Office District) and RM (Medium Density
Residential) to SAD (Special Activities District) with an attendant
site plan for Fronrath Sales, Rental and Leasing Facility,
pursuant to Section 2.4.5(D).
The subject property is located at the northeast corner of South
Federal Highway and Avenue G.
- Pursuant to Section 4.4.25(C)(1), all SADs are established via an
ordinance processed as a rezoning. Further, pursuant to Section
2.2.2(E), the Local Planning Agency (P & Z Board) shall review and
make recommendations to the City Commission with respect to the
rezoning of any property within the City.
Prior to July, 1989, the subject property (Lots 6-10, Lots 11-12, Block 24, Del-
Raton Park) was in unincorporated Palm Beach County. The west portion of the
property was occupied by the Auto Ranch used car dealership, which vacated
the site prior to 1989, and the east portion of the site contains a vacant single
family residence. During the Enclave annexations, the Planning and Zoning
Board recommended approval of the annexation and initial zoning for the
property as part of Enclave 50 on June 19, 1989. At that time an alternative
zoning for Lots 6-10 of either GC (General Commercial) or SC (Specialized
Commercial) was presented. The SC alternative was advertised in anticipation
of the property owner requesting to retain the potential for auto related uses.
At the time the property was unoccupied and a staff recommendation for GC
was put forth, which was consistent with the then Commercial land use
designation. Subsequently, on July 25, 1989, the subject property was annexed
into the City with the GC zoning designation, in part (Lots 6-10), and RM
(Medium to Medium High Density Dwelling) zoning designation, in part (Lots 11-
12, and abandoned alley), as part of the annexations conducted via the Enclave
Act (via Ordinance No. 38-89).
With the adoption of a new Citywide Future Land Use Map on November 28,
1989, the Transitional land use designation was affixed to the subject property
(Lots 6-10, Lots 11-12, and abandoned alleys). Thus, the GC zoning on Lots 6-
10 then became inconsistent with the underlying Transitional Future Land Use
Map designation. In October 1990, Citywide rezonings were implemented to
obtain consistency between the Zoning and Future Land Use Maps. At that
time, Lots 6-10 were rezoned from GC to PC (Planned Commercial) along with
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 2
other commercial properties abutting Federal Highway, directly to the south and
north, while the balance of the property remained zoned RM. However, the PC
zoning designation was inconsistent with the Transitional land use designation.
In February 1991, as part of the City's annual Comprehensive Plan Amendment
91-1, the owner of the adjacent property to the north (Mr. Levy, Lot 1-5) sought a
land use change from Transitional to General Commercial. On April 22, 1991,
the Planning and Zoning Board recommended approval of the Future Land Use
Map amendment from Transitional to General Commercial. However, on April
30, 1991, the City Commission denied the request. On July 9, 1991, the City
Commission initiated a zoning change for Lots 1-5 from PC to POD
- (Professional and Office District) or another zoning designation consistent with
the Transitional land use designation. The rezoning also included Lots 6-10,
Block 24 (Paton property), which were previously utilized by the Auto Ranch
dealership, and Lots 1-12 and Lots 26 and 27, Block 25 (Colombi property),
which contained commercial uses (i.e. insurance office, limousine service,
pool/spa/diving supply retail use).
At its meeting of August 19, 1991, the Planning and Zoning Board
recommended denial of the rezoning from PC to POD, as the Board felt it was
more appropriate to amend the Future Land Use Map to General Commercial
and increase the depth of the commercial properties to allow for a well-planned
commercial development. On September 10, 1991, the City Commission
approved the rezoning from PC to POD.
On October 5, 1992, Barbara and Stanley Levy, owners of the property to the
north (Lots 1-5) filed suit in the Circuit Court of Palm Beach .County against the
City of Delray Beach to have the property rezoned' for an auto related use. In
order to avoid a trial, the two parties entered into an agreement. On May 14,
1996, a Settlement Agreement between Barbara and Stanley Levy and the City
of Delray Beach was executed which stated that the applicant will seek approval
to establish either (I) vehicle sales, rental and leasing, with no service
component; or (11) a vehicle wash establishment and detailing, with no two uses
being conducted at any one time. The City agreed to process a Future Land
Use Map Amendment and Rezoning to SAD (Special Activities District) with an
attendant site plan. At its meeting of October 1, 1996, the City Commission
approved the associated requests.
On February 7, 1997, a request for a Future Land Use Map amendment from
Transitional to General Commercial, and rezoning from POD and RM to SAD
(Special Activities District) with an attendant site plan were submitted to establish
a motor vehicle sales, rental and leasing facility on the subject property and are
now before the Board for action.
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 3
The proposal is to change the Future Land Use Map designation from
Transitional to General Commercial and rezone the property from POD
(Professional and Office District) and RM (Medium Density Residential) to SAD
(Special Activities District). The proposed permitted use to be conducted on the
subject property, and the associated restrictions is as follows:
I. Vehicle sales, rental and leasing, with no service component.
This development proposal consists of the following:
El Demolition of the existing vacant 1,146 sq.ft, single family residence and
removal of an existing chain link fence;
El Construction of a 52-space parking lot consisting of 29 display, 20 bullpen,
and 3 customer parking spaces, including one handicapped accessible
parking space;
E! Installation of associated site lighting and landscaping; and
El Reconflguration of the retaining wall and installation of a 6' high wall alo_ng
the east portion of the south property line.
The proposal involves a waiver request regarding the right-of-way dedication
[LDR Section 5.1.3(D)(2)].
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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 plan amendments directly related to
proposed small scale development activities may be approved without regard to
statutory limits on the frequency of consideration of amendment (twice a year),
subject to the following conditions:
El The amendment does not exceed 10 acres of land;
El 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,
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 4
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 land use map amendment involves 0.5 acres, thus the total area is less than
the 10 acre maximum. 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 or within the last year.
COMPREHENSIVE PLAN POLICIES:
^ review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies are noted.
Land Use Element Policy A-2.4 - Automobile uses are a significant land use
within the City and as such they have presented unique concerns. In order
to properly control these uses and guide them to locations which best
suits the community's future development, the following shall be adhered
to:
Auto related uses shall not be permitted in the CBD Zone District or
within the geographic area along Federal Highway which extends four
blocks north and three blocks south of Atlantic Avenue.
Automobile dealerships may locate and/or expand west of Federal
Highway, or between the one-way pair system (except as restricted
above). Automobile dealerships may locate and/or expand east of
Federal Highway, only north of N.E. 6th Street, except within the area
lying east of Federal Highway north of N.E. 8th Street, or parcels
fronting on N.E. 8th Street (George Bush Boulevard), and south of the
north border of the Flea Market property. Within such excluded area,
automobile dealerships may not locate or expand. New dealerships
shall not locate nor shall existing dealerships expand south of N.E. 6th
Street provided however, that automobile dealerships south of N.E. 6th
Street may expand onto adjacent property which is currently in an auto
related use and which is zoned to allow such use.
El Auto related uses which involve the servicing and repair of vehicles,
other than as a part of a full service dealership, shall be directed to
industrial/commerce areas.
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 5
The development proposal is inconsistent with this policy, as the subject property
is located east of Federal Highway, south of N.E. 6th Street, and is the
establishment of a vehicle sales, rentals and leasing, on property which is not
currently zoned for auto use. However, 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. Rezoning of the property to accommodate an auto
related use, which was the previous use of the property, will provide for the re-
occupation of and significant upgrades to a blighted property which has been in
disrepair for many years. The use is limited to sale, rental and leasing only,
therefore, the impacts will be less than that of a full service dealership. As with
the abutting property to the north and east, it is appropriate for the Board to
make a determination that the positive aspects of the proposal outweigh the
negative impacts, and that the overall development proposal is consistent with
the Comprehensive Plan.
Future Land Use Element Ob_iective A-1 - Vacant property shall be
developed in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical conditions, is
complementary to adjacent land uses, and fulfills remaining land use
needs.
There are no special physical or environmental characteristics of the land that
would be negatively impacted by the proposed use. The property has been
disturbed and is developed with an asphalt parking area on the west side of the
site and a vacant 1,146 sq.ft, single family residence on the east side of the site.
The proposed zoning of SAD is very specific with regard to the use that may be
conducted on the property. The proposed SAD zoning and its potential use of
vehicle sales, rental and leasing, with no service component will be
complementary with the surrounding commercial properties, and can be
developed in a manner that should not adversely impact the residential
properties to the southeast. The entire site is to be upgraded to meet current
development standards, thus the proposal will fulfill the City's need to eliminate
blight on properties.
FutUre Land Use Element Poli.~y A-1,6 - To encourage redevelopment of the
City's Central Business District, Future Land Use Map amendments to
Commercial designations in outlying areas of the City's Planning Area,
shall not be considered.
This Policy was intended to prevent large-scale planned commercial
developments such as shopping centers, which could house major retail tenants
that would compete with the downtown. The FLUM amendment is for a parcel of
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 6
land which is a half an acre in size and cannot support a large retail
development. The amendment is to accommodate an auto related use which is
not permitted within nor will it compete with the redevelopment efforts in the
City's Central Business District. Based upon the above, the proposal is
consistent with this Policy.
Traffic Element Policy C-1.1 - Through and nonresidential traffic travel shall
be limited and/or restricted in stable residential areas.
Based upon the proposed parking layout, access to the site will be taken from
the driveway located on Federal Highway and secondary access to this parcel
_ has not been provided. The property is to be incorporated into the abutting
vehicle sales, rental and leasing facility to the north and east. The overall facility
has a secondary access point on Avenue G which provides access to the stable
residential area east of the subject property and intersects with Federal Highway,
a commercial corridor to the west. This access point was previously discussed
with the rezoning to SAD for the Levy Property, at which time a positive finding
was made with respect to this Policy that as .the majority of the traffic associated
with the commercial use, will enter and exit the site from Federal Highway, there
should be minimal traffic impacts on the stable residential area to the east.
LAND USE ANALYSIS:
Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land
Use Map), all land uses and resulting structures must be allowed in the
zoning district within which the land is situated and, said zoning must be
consistent with the land use designation as shown on the Future Land Use
Map.
The proposed General Commercial land use designation will allow the following
zoning classifications: GC (General Commercial), PC (Planned Commercial), AC
(Automotive Commercial), NC (Neighborhood Commercial), POC (Planned
Office Center), POD (Professional and Office District), RT (Resort Tourism), CF
(Community Facilities), OS (Open Space), OSR (Open Space and Recreation),
and SAD (Special Activities District).
In conjunction with the Future Land Use Map amendment to General
Commercial, a rezoning to SAD (Special Activities District) is being sought. The
FLUM amendment to General Commercial and rezoning to SAD are being
processed concurrently to facilitate the establishment of a vehicle sales, rental
and leasing facility, with no service component, on the subject property.
Pursuant to LDR Section 4.4.25(A), the SAD zoning is deemed consistent with
any land use designation on the Future Land Use Map, including the proposed
General Commercial designation. Further, the uses allowed within a specific
SAD shall be consistent with the land use category shown on the Future Land
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 7
Use Map. The proposed use: vehicle sales, rental and leasing, with no service
component is consistent with the proposed General Commercial land use
designation. Based upon the above, a positive finding can be made with respect
to consistency with the Future Land Use Map designation.
Ad_iacent,,Land Use Map Designations. Zoning Designations & Land Uses:
North and East: North of the property has a Future Land Use Map designation
of General Commercial and is zoned SAD (Special Activities District). The
property is being developed to accommodate a vehicle sales, rental and leasing
facility with no service component, which is currently under construction.
South: South of the property has a Transitional Land Use Map designation and
is zoned POD (Professional and Office District) and RM (Medium Density
Residential). The existing use of the commercial property (POD) is Florida No-
Fault Insurance and Art of Africa. The residentially zoned property (RM) is
vacant.
West: West of the property, across Federal Highway, has a Future Land Use
Map designation of General Commercial and is zoned AC (Automotive
Commercial). The existing uses are J.D. Byrider used car sales, and a
commercial building containing an auto security business and two vacant bays;
Allowable Land Uses:
Under the current Transitional FLUM designation, office and neighborhood
commercial developments (POC, POD, RO, and NC) are allowed as well as
residential zoning districts which accommodate single family and multiple family
units (R-1-A thru R-l-AAA, RL, PRD, and RM). A portion of the property is
currently zoned POD which allows business and professional office uses, and a
portion is zoned RM which accommodates residential uses.
Under the proposed General Commercial FLUM designation, commercial
developments are allowed in the following zoning districts: GC, PC, NC, AC, RT,
POC and POD. The applicant has requested a zoning designation of SAD
(Special Activities District), which is to accommodate vehicle sales, rental and
leasing, with no service component. This use is not considered a high intensity
commercial use such as gasoline stations, convenience stores, and fast food
restaurants. Any requests to provide additional uses, must be processed as a
modification to the SAD ordinance or rezoning to a conventional zoning
designation, thus, requiring a public hearing with final action by the City
Commission.
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 8
Land Use Compatibility_;
As described in the Future Land Use Element of the Comprehensive Plan, the
Transitional Land Use Map designation is applied to land which is developed, or
is to be developed, for either residential or nonresidential uses. In some
instances, this designation provides for a transition between less intensive
residential use and commercial uses. In other instances, this designation allows
the establishment of uses which are compatible with adjacent residential uses.
The proposed General Commercial Future Land Use Map designation is to be
applied to land which is, or should be, developed for general commercial
purposes e.g. retail, office, services.
The Federal Highway corridor is developed with primarily auto related and retail
uses. The adjacent properties to the south have a Transitional Future Land Use
Map designation, are zoned RM (Medium Density Residential) and POD
(Professional and Office District), and contain a commercial building and a
duplex. Compatibility with the adjacent residential property has been addressed
through the proposed site improvements. There is a 6' high wall proposed along
the east end of the south property line to separate the subject property from the
residentially zoned property. Further, where the subject property abuts the
residential properties trees are to be provided every 25' to form a solid tree line.
However, there are concerns with regard to the intensity of lighting adjacent'to
the residential properties. It appears that the lighting within the display and
bullpen parking areas, will exceed the maximum 100 foot-candles which is not
permitted. While the display spaces may have a maximum 100 foot-candles,
they cannot exceed 50 foot-candles after 11:00 p.m. Further, the bullpen
spaces, which abut the residential property, cannot exceed 40 foot-candles at
any time. Thus, the site lighting must be reduced accordingly. A revised
photometrics plan must be submitted which indicates foot-candle points,
including the maximum and minimum foot-candle point, average foot-candle per
minute as well as the maximum foot-candle per minute.
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
The development proposal is to install a 52-space parking lot with associated
landscaping and lighting. As no floor area is proposed, the proposal will have an
impact on Concurrency as it relates to drainage only, with no impact on level of
service standards as they relate to water and sewer, streets and traffic, parks
and recreation facilities, and solid waste. However, Concurrency as it relates to
the Future Land Use Map amendment and Rezoning is discussed below.
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 9
Water & Sewer:
El Water service currently exists via a service lateral connection to an 12"
water main within Federal Highway or the 8" main at the east end of
Avenue G.
El Adequate fire suppression is provided via an existing fire hydrant at the
southwest corner of the site, adjacent to Federal Highway.
Sewer service is available via a service lateral connection to an 8" main at
the east end of Avenue G.
The maximum development under the Transitional Future Land Use Map
designation would be 5,445 sq.ft, of retail generating water and sewer flows of
500 gallons per day [NC (Neighborhood Commercial) zoning]. However, with
development under the current POD office designation a maximum of 6,534
sq.ft, of office would generate flows of 1,300 gallons per day. Under the General
Commercial zoning designation the potential water and sewer flows would be
similar to those that could be generated under the existing Transitional land use
designation. Pursuant to the Comprehensive Plan, treatment capacity is
available at the City's Water Treatment Plant and the South Central County
Waste Water Treatment Plant for the City at build-out. Based upon the above,
positive findings can be made with respect to this level of service standard.
Drainage:
A drainage plan with drainage calculations has been submitted. The proposal
calls for the construction of a 52-space parking lot with associated landscaping.
Drainage will be retained on site via an exfiltration system as well as a
swale/retention area on the east side of the proposed parking lot. The FLUM
amendment and rezoning will not negatively impact this existing situation. There
are no problems anticipated complying with Lake Worth Drainage District and
South Florida Water Management District requirements, and obtaining a permit.
Traffic:
Under the current Transitional FLUM designation, the maximum development
potential would be 5,445 sq.ft, of retail generating 635 average daily trips [NC
(Neighborhood Commercial) zoning]. However, with development under the
current POD office designation a maximum of 6,534 sq.ft, of office generating
178 average daily trips is possible. Under the proposed General Commercial
land use and zoning designations, the maximum development potential would be
a 3,000 sq.ft, fast food restaurant generating 1,327 trips. Thus, the FLUM
amendment and rezoning have the potential to create a traffic increase.
However, the current development proposal is to establish a parking area
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 10
associated with the abutting auto sales, rental and leasing facility, which will
generate a total of 39 trips. The proposed parking lot will not generate any
additional trips.
Parks and Recreation:
Park and dedication requirements do not apply to nonresidential uses. Thus,
there will be no impact on this level of service standard.
Solid Waste:
-- Trash generated each year under the proposed General Commercial land use
designation will be equal to or slightly greater than trash generated from the uses
allowed by the applicable zoning districts of the Transitional land use designation
(POC, POD, NC). The development of these properties under the General
Commercial land use designation will not create an adverse impact on this level
of service standard. Under the current proposal to install a parking lot, no trash
will be generated.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the
Land Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency
were previously discussed under the Future Land Use Map Analysis section of
this report. Compliance with respect to Compliance with the Land
Development Regulations (Standards for Rezoning Actions, Rezoning
Findings) are discussed below.
CONSISTENCY: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 11
Section 3.3.2 (Standards for Rezoning Actions): Standards A and B are not
applicable. The applicable performance standards of Section 3.3.2 are as
follows:
(C) Additional strip commercial zoning on vacant properties shall be
avoided. This policy shall not preclude rezonings on land that at the
time of rezoning has improvements on it. Where existing strip
commercial areas or zoning exists along an arterial street,
consideration should be given to increasing the depth of the
commercial zoning in order to provide for better project design.
_ The property currently contains a parking lot on the west side with a
vacant single family residence on the east side. The proposal aggregates
additional land to increase the property's depth and provide for a well-
planned development. VVhile the underlying General Commercial
designation allows for strip commercial zoning, the proposed SAD zoning
is to accommodate an auto related use.
· (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 surrounding properties are commercial in character, with the
exception of a duplex to the southeast of the property. North and east of
the property is zoned SAD (Special Activities District) to accommodate a
vehicle sales leasing and rental facility. To the west is zoned AC
(Automotive Commercial). To the south is zoned RM (Medium Density
Residential) and POD (Professional and Office District).
Compatibility with the adjacent residential property has been addressed
through the site development plans. As previously stated under the
Future Land Use Map Analysis of this report, there are regulations in
place for nonresidential uses and vehicle sales adjacent to residentially
zoned properties which require trees every 25 feet along with a wall
between the display parking area and the residential property to mitigate
impacts. However, there are concerns with regard to the intensity of
lighting adjacent to the residential properties.
It appears that the lighting within the display and bullpen parking areas,
will exceed the maximum permitted 100 foot-candles. VVhile the display
spaces may have a maximum 100 foot-candles, they cannot exceed 50
foot-candles after 11:00 p.m. Further, the bullpen spaces, which abut the
residential property, cannot exceed 40 foot-candles at any time. Thus, the
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 12
site lighting must be reduced accordingly. A revised photometrics plan
must be submitted which indicates foot-candle points, including the
maximum and minimum foot-candle point, average foot-candle per minute
as well as the maximum foot-candle per minute.
Section 2.4.5(D)(5) (Rezoning Findirlgs):
Pursuant to Section 2:4.5(D)(5) (Findings), in addition to provisions of
Section 3.1.1, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which make
the current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed
under the Future Land Use Map and that it is more appropriate
for the property based upon circumstances particular to the
site and/or neighborhood.
The applicant has submitted a justification statement which states the following:
"All three reasons have applicability to this application and the subject
property. First, the front portion of the property has a prior history of being
used for vehicle sales, rental and leasing and the change of zoning of this
front portion to a category that does not permit this use was in error.
Second, there have been a change in circumstances which make the
requested zoning inappropriate and they include but are not limited to the
following: (I) the zoning of the adjacent Levy property to SAD to the allow
and restore its vehicle sales, rental and leasing use, and (ii) the increase
in automotive and motor vehicle related uses across Federal Highway
from the subject property. Third, the use of the subject property in
accordance with the site plan to be processed in connection with this
application shows a level of use of the property that is similar in intensity
and is more appropriate for the property based upon the circumstances
particular to the site and neighborhood."
Commellt; Items "b" and "c .... are the bases for which the rezoning should be
granted. With regard to Item "a", at the time the City Commission rezoned the
property to POD, the previous auto related use was abandoned for a few years
and the POD was consistent with the underlying Transitional Future Land Use
Map designation. The fact that there are auto related uses to the north, east and
west side of the property has no bearing on the rezoning request. However, as
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 13
outlined in LDR Section 3.3.2(C), where existing strip commercial areas or
zoning occurs along an arterial street, consideration should be given to
increasing the depth of the commercial zoning in order to provide for better
project design. The rezoning will allow the 0.5 acre property to be incorporated
into the design of the abutting property which is being developed as a vehicle
sales, rental and leasing facility, with no service component.
The applicant has proposed the following language to describe the uses
permitted in this SAD: "vehicle sales, rental and leasing, with no service
component". In order to limit the use of this property to be associated with the
recently approved SAD, so that it cannot in the future become a stand-alone
operation, it is appropriate to limit the allowable uses as follows: "vehicle parking
(employee, customer, display and bullpen/inventory) to be used in conjunction
with the abutting vehicle sales, rental and leasing facility, with no service
component". Under these circumstances, the SAD zoning is more appropriate
as the zoning is site specific and allows greater control of the uses that can be
conducted on the property, as well as the changes that can be made to the site
development plan. Approval of the SAD zoning will result in substantial
upgrades to the site, thus eliminating a blighted situation. The improvements
proposed in conjunction with establishing the SAD zoning will be an inducement
to the area and may encourage redevelopment and development of surrounding
properties. Based upon the above, it is appropriate to establish the SAD zontng
for this property.
COMPLIANCE .WITH 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. The site plan is being processed concurrently with a
proposal to rezone the property to SAD (Special Activities District) to
accommodate auto sales, leasing and rentals, with no repair component.
Thus, the proposal is being reviewed under both the SAD and AC
(Automotive Commercial) zone districts, which ever is more restrictive.
Perimeter Setbacks for SADs
Pursuant to Section 4.4.25(D)(1) and (2), a minimum setback of 15 feet
shall be established around the perimeter of any property developed
under the SAD designation. Within the front and any side street setback,
a 15 foot setback area shall be a landscape setback area and no
pavement shall be allowed therein except for pedestrian ways and
driveways which provide access to the property and which are generally
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 14
perpendicular to the abutting street. Further, setbacks for all interior
spaces shall be as set forth on the site and development plan.
Technically, the landscape setback along the north and east property is
15'. As this property is being developed and utilized in conjunction with
the adjacent vehicle sales, rental and leasing facility, it is inappropriate to
require the 15' setback within these areas.
Perimeter Landscape Setbacks
Pursuant to LDR Section 4.6.16(H)(3)(d), where parking areas abut
- adjacent property, a 5' wide landscape stdp is required. Along the north
and east sides of the property a 5' wide landscape strip has not been
provided. In order to obtain relief from this requirement, a waiver must be
granted by SPRAB. If the Levy and Paton properties are combined via a
Unity of Title, a waiver will not be necessary.
Special Landscape Setbacks
Pursuant to Section 4.3.4(H)(6)(b) (Special Landscape Setbacks), along
Federal Highway, a single frontage lot with a depth between 251' and 300'
requires a 20' landscape setback. As the average depth of the subject
property is 260', a 20' landscape strip is required and a 5' wide buffer
currently exists. The proposal is to remove existing asphalt and provide a
20 foot landscape buffer, thus complying with the above requirement.
Right-of-Way Dedication
Pursuant to Section 5.3.1(D)(2), the ultimate right-of-way width for Avenue
G is 60 feet and only 50 feet exists. Thus, a 5 foot right-of-way dedication
is required. However, a reduction in the required right-of-way width may
be granted by the body having approval authority of the associated
development application provided that the reduction is supported by the
City Engineer; that the full dedication would constitute a hardship and all
required improvements will be provided in a manner that will not endanger
public safety; and, that alternative provisions are made to accommodate
those features which would otherwise be accommodated within the right-
of-way.
The applicant has requested that the required right-of-way width for
Avenue G be reduced to 50 feet. The City Engineer has determined that
60 feet of right-of-way is not necessary for this street and that the required
sidewalk can be accommodated within the existing 50 feet of right-of-way.
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 15
Sidewalks
Pursuant to LDR Section 6.1.3(B)(1), a 5 foot wide sidewalk is required
along Avenue G. Currently, no sidewalks exist along Avenue G. In
conjunction with the adjacent development, Avenue G is being improved
and a sidewalk is being installed on the portion of that property which
abuts Avenue G. Thus, this property owner is also required to install a
sidewalk along Avenue G, which has been indicated on the plans.
Open Space
The site currently contains minimal open space. Pursuant to LDR Section
4.3.4(K), within the AC zone district 25% of open space is required and
29% has been provided. The proposed landscape plan represents a
substantial improvement to the existing conditions.
Site Lighting
Site lighting was discussed previously in this report. In order to ensure
compatibility with the adjacent residences, the site lighting must be
reduced to comply with LDR Section 4.4.10(G)(6) (Lighting Restrictions).
A revised photometrics plan must also be provided.
Section 3.1,'I (C) - Consistency (Standards for Site Plan ACtions): As
described in Appendix B, a positive finding of consistency can be made as it
relates to Standards for Site Plan Actions.
Section 2.4,5(F){5) (Site Plan Findings):
Pursuant to Section 2.4.5(F)(5) (Compatibility Findings), in addition to
provisions of Chapter Three, the approving body must make a finding that
the development of the property pursuant to the site plan will be
harmonious with the adjacent and nearby properties and the City as a
whole, so as not to cause substantial depreciation of property values.
As previously stated under the Future Land Use Map Analysis of this report,
there are regulations in place where nonresidential uses are adjacent to
residential development that require trees every 25 feet along with a wall or
hedge to mitigate impacts. This proposal provides trees every 25 feet as well as
a wall and hedge. However,-there are concerns with regard to the intensity of
lighting adjacent to the residential properties. In order to ensure compatibility
and meet code requirements, the site lighting must be reduced to comply with
LDR Section 4.4.10(G)(6).
Planning and Zoning Board Staff Report
F~'oarath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 16
The proposed improvements which include landscaping, parking and building
upgrades will provide the upgrades necessary for a property that has been
neglected for many years. These improvements will enhance rather than
depreciate property values of the adjacent properties.
SAD Site Plan Modification Review and Approval Process:
Substantial changes to an SAD including increases in intensity, change of uses
etc. should continue to be reviewed by both the Planning and Zoning Board and
- the City Commission. However, minor changes to SAD site plans should not.
Therefore, it is recommended that the Board remand any future modifications to
this site plan for this project to the Site Plan Review and Appearance Board
(SPRAB) for approval. In addition, language should be added to the SAD
ordinance specifying that future modifications which are not substantial and do
not deal with intensity or type of uses can be reviewed by SPRAB and processed
as site plan modifications.
Levy_ Property Site Plan Modification
If the rezoning is approved, a non-impacting site plan modification must be
processed modifying the approved site plan for the Levy Property to reflect the
proposed changes at the southwest portion of the site.
Cress-Access. Parking and Drainage Agreements
The proposal requires access to the Paton property be taken from the Levy
prol)erty. Also, the required parking associated with the Levy Property is located
or~ the Paton property and the properties drain onto one another. Therefore,
cross-access, parking and drainage agreements must be executed between
Paton and Levy. If the properties are combined via a recorded Declaration of
Un'~/of Title, execution of the agreements will not be necessary.
Alley Abandonment
The south half of the 10' wide north/south alley which runs along the east side of
Lot 12 (east side of the subject property) has not been abandoned, however, the
site plan indicates the alley as being incorporated into the overall site and
improved as a bullpen parking with a wall installed across the south side of the
alley. In order to incorporate the 10' wide alley within the overall development it
will be necessary to abandon the alley, which has been attached as a condition
of ap p rova I.
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 17
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The rezoning is not in a geographic area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority)
or the HPB (Historic Preservation Board).
Site Plan Review and Appearance Board
If the rezoning is approved, the landscape plan will be reviewed by the Site Plan
Review and Appearance Board.
Public and Courtesy Notices:
Formal public notice has been provided to property owners within a 500 foot
radius of the subject property. In addition, courtesy notices were provided to the
following homeowner's and neighborhood associations:
El Tropic Isle
El Tropic Bay
E! Tropic Harbor
Letters of objection, if any, will be presented at the Planning and Zoning Board
meeting.
The FLUM Amendment, Rezoning to SAD and attendant site plan are being
processed to accommodate a parking ama associated with the proposed vehicle
sales, rental and leasing facility on the abutting Levy Property. This proposal is
inconsistent with Future Land Use Element Policy A-2.4 of the Comprehensive
Plan, which states that auto uses shall not be established east of Federal
Highway in this area. 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.
Rezoning of the property to accommodate an auto related use, which was the
previous use of the west portion of the property, will provide for the re-occupation
of and significant upgrades to a blighted property which has been in disrepair for
many years. Further, positive findings can be made with respect to Chapter 3
and Section 2.4.5(D)(5) (Rezoning Findings), that there has been a change in
circumstances which makes the existing POD and RM zonings inappropriate.
Positive findings can be made with the Land Development Regulations provided
the conditions of approval are met. The improvements will represent a
significant upgrade to a property that has been in disrepair and should be an
enhancement to the surrounding areas.
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 18
A. Continue with direction.
B. Recommend approval of the Future Land Use Map Amendment from
Transitional to General Commercial, and the rezoning request from POD
and RM to SAD and attendant site plan for Fronrath Vehicle Sales,
Rental and Leasing Facility based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and LDR Sections
2.4.5(D)(5)(b) and (c), that there has been a change of circumstances
- which makes the current zoning of POD (Professional and Office District)
and RM (Medium Density Residential) inappropriate.
C. Recommend denial of the Future Land Use Map Amendment from
Transitional to General Commercial, and the rezoning request from POD
and RM to SAD and attendant site plan for Fronrath Vehicle Sales,
Rental and Leasing Facility based upon a failure to make positive
findings with respect to Future Land Use Element Policy A-2.4 of the
Comprehensive Plan, regarding the establishment of new auto uses east
of Federal Highway, south of N.E. 6th Street on property which is not
currently zoned for auto use; Chapter 3 (Performance Standards) of the
Land Development Regulations; and, LDR Section 2.4.5(D)(5).
t~Y Separate Motions:
A. Recommend to the City Commission approval of the Small-Scale Future
Land Use Map Amendment from Transitional to General Commercial for
Fronrath Vehicle Sales, Rental and Leasing Facility based upon
positive findings with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations, and policies of the Comprehensive Plan,
that the potential benefits of the development proposal outweigh the
conflicts with Future Land Use Element Policy A-2.4 of the
Comprehensive Plan.
B. Recommend to the City Commission approval of the rezoning request
from POD and RM to SAD and attendant site plan for Fronrath Vehicle
Sales, Rental and Leasing Facility based upon positive findings with
respect to Chapter 3 (Performance Standards), Section 2.4.5(D)(5)
(Rezoning Findings), and Section 2.4.5(F)(5) (Site Plan Findings) of the
Land Development Regulations, and policies of the Comprehensive Plan,
subject to the following conditions:
Planning and Zoning Board Staff Report
Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General
Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan
Page 19
1. That the permitted use to be conducted on the subject property, and
the associated restrictions is as follows:
· Vehicle parking (employee, customer, display and
bullpen/inventory) to be used in conjunction with the abutting
vehicle sales, rental and leasing facility, with no service component.
2. That the site lighting be reduced to comply with LDR Section
4.4.10(G)(6) (Lighting Restrictions) and a revised photometdcs plan
submitted;
3. That a non-impacting site plan modification be processed modifying
the approved site plan for the Levy Property to reflect the proposed
changes at the southwest portion of the site.
4. That cross-access, parking and drainage agreements be executed
between Paton/Fronrath and Levy, or a Declaration of Unity of Title
combining the Paton/Fronrath and Levy properties recorded; and,
5. That the south portion of the 10' wide north/south alley along the east
side of Lot 12 be abandoned and incorporated into the overall
development, or the site plan revised to exclude the alley. .
C. Approve a waiver to LDR Section 5.3.1(D)(2) to reduce the required right-
of-way width for Avenue G from 60 feet to 50 feet, thus waiving the
requirement for this property to dedicate 5 additional feet.
Attachments:
Appendix A
Future Land Use Map
Zoning Map
Site Plan
This Report was prepared by: ,Jeff Costello. Senior Planner
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 --
Does not meet intent - This Standard will be met provided the site lighting
illumination is reduced to com.oly with LDR Section 4.4.10(`G)(.6) (.See
discussion on P~ge~ 8 and 11).
B. Appropriate separation of travelways is made for vehicles, bicycles,
and pedestrians in a manner consistent with objective D-I of the
Traffic Element.
Not applicable
Meets intent of standard ~
Does not meet intent
C. Open Space enhancements described in Open Space and Recreation
Objective B-l, are appropriately addressed.
Not applicable
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 ~
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 ~
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
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MJ~AGER~
SUBJECT: AGENDA ITEM # /~- REGULAR MEETING OF APRIL 1, 1997
FIRST READING FOR ORDINANCE NO. 19-97 (REZONING TO SPECIAL
ACTIVITIES DISTRICT FOR PATON/LEVY PROPERTY (FRONRATH)
DATE: MARCH 27, 1997
This is before the Commission to consider on first reading an
ordinance to rezone the Paton/Levy property from POD (Professional
and Office District) and RM (Medium Density Residential) to SAD
(Special Activities District). The land is proposed to be combined
with the Levy property as one facility for Fronrath vehicle sales,
rental and leasing, with no service component.
The Planning and Zoning Board considered this item at a public
hearing on March 17, 1997, and voted 5 to 0 (Schwartz and McCarthy
absent) to recommend that the rezoning to SAD and attendant site plan
be approved based upon positive findings with respect to Chapter 3
(Performance Standards), Sections 2.4.5(D) (5) (b) and (c) (Rezoning
Findings), and Section 2.4.5(F) (5) (Site Plan Findings) of the Land
Development Regulations, and policies of the Comprehensive Plan,
subject to the following conditions:
(1) That the permitted use on the subject property is limited to
vehicle parking (employee, customer, display and
bullpen/inventory) to be used in conjunction with the
abutting vehicle sales, rental and leasing facility, with no
service component;
(2) That the site lighting be reduced to comply with LDR Section
4.4.10(G) (6) (Lighting Restrictions) and a revised photometrics
plan submitted;
(3) That a non-impacting site plan modification be processed
modifying the approved site plan for the Levy property to
reflect the proposed changes at the southwest portion of the
site;
(4) That cross-access, parking and drainage agreements be executed
between Paton/Fronrath and Levy, or a Declaration of Unity of
Title combining the Paton/Fronrath and Levy properties be
recorded; and
(5) That the south portion of the 10 foot wide north/south alley
along the east side of Lot 12 be abandoned and incorporated into
the overall development, or the site plan be revised to exclude
the alley.
Recommend approval of Ordinance No. 19-97 on first reading as
recommended by the Planning and Zoning Board. If passed, a
quasi-judicial public hearing will be scheduled for April 15,
1997.
ref: agmemol5 ~~ ~0
ORDINANCE NO. 19- 9 7
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED POD (PROFESSIONAL AND
OFFICE DISTRICT) IN PART, AND RM (MEDIUM DENSITY
RESIDENTIAL) IN PART, ENTIRRI.Y INTO AN S.A.D.
(SPECIAL ACTIVITIES DISTRICT) ZONING CLASSIFICATION;
SAID PROPERTY LOCATED NORTH OF AVENUE G AND
SOUTH OF AVENUE F EAST OF FEDERAL HIGHWAY (U.S.1)
AND WEST OF FREDERICK BOULEVARD AND, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING A
SAVING CLAUSE, A REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described, is located in the City of Delray Beach, Fl.; and
WHEREAS, a portion of said property (Lots 6-10) was used for commercial motor vehicle
related purposes, including sales, rental and leasing of motor vehicles; and
WHEREAS, the property owners desire that the property be rezoned to SAD to allow the
following uses: in conjunction with the abutting Levy Property: vehicle parking for employees,
customers, display, bullpen and inventory, and
WHEREAS, the property owners have filed the appropriate applications to accomplish the
rezo~ and
WHEREAS, pursuant to the City of Delray Beach Land Development Regulations the Planning
and Zoning Board acting as the Local Planning Agency on March 17, 1997 held a public hearing on the
rezorfing application, and voted 5 in favor and 0 against a recommendation of approval for the request
to the City Commission, subject to conditions and with a waiver to reduce the required right of way
width; and
WHEREAS, the Planning and Zoning Board has determined and the City Commission concurs,
that the zoning change furthers the objectives and polities of the City of Delray Beach Comprehensive
Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City of Delray Beach, Florida, is hereby
rezoned and placed in the S.A.D. (Special Activities District) as defined in Section 4.4.25 of the Land
Development Regulations of the City of Delray Beach, to wit:
Lots 6, 7, 8, 9,and 10 inclusive, less the west 38 feet of said lots conveyed to the State
of Florida in Deed Book 1103, Page 297, and Lots 11 and 12, all in Block 24 Del Raton
Park and together with the abandoned 10 foot alley bounded on the east by the west
line of Lot 11 of Block 24; on the west by the east line of Lots 6-10; on the north by the
easterly extension of the north line of Lot 6; on the south by the easterly extension of
the south line of Lot 10, Block 24 (abandoned by resolution in O.R. Book 4053, page
744) and together with abandoned 10 foot alley bounded on the west by Lot 12; on the
east by Lots 16 and 17; on the north by the easterly extension of the north line of Lot
12; on the south by the westerly extension line of the south line of Lot 16, (abandoned
by resolution in O.R. Book 4053, Page 744) all in Block 24 Del Raton Park, according
to the Plat thereof as recorded in Plat Book 14, Page 9 of the Public Records of Palm
Beach County, Florida ( hereinafter the "Property")
Section 2. Principal Uses and Structures Permitted: The following uses are hereby approved
as the permitted and principal uses for the Property pursuant to Section 4.4.25(t3)(1) and constitute the
SAD project for purposes of Section 4.4.25(C)(3) of the City of Delray Beach Land Development
Regulations:
(1) vehicle parking for employees, customers, display, bullpen and inventory to be used only in
conjunction with the abutting Levy property use of vehicle sales, leasing, and rental with no service
component. No independent and separate use of the Property is being approved in this ordinance.
Section 3. Current and Future Site Plans. The From'ath Motor Vehide Sales, Rental and Leasing
site plan (the "Site Plan") a copy of which is attached hereto as Exhibit A and incorporated herein by
reference, for the Property is hereby approved subject to the following conditions and waivers: (1) the
site lighting shall be reduced to comply with LDR Section4.4.10 (G) (6) (Lightmg Restrictions), (2) a non
impacting site plan modification shall be processed modifying the approved site plan for the Levy
property to reflect the proposed changes at the southwest portion of the Levy site, (3) agreements to
be executed between the owners of the Property and the Levy property for; (i) access for the Property
over the Levy property as shown on Exhibit A during the time the Property is used in conjunction with
the Levy property for the uses specified in this ordinance, (ii) the relocation of handicapped space and
ramp shown on Exhibit A to the Levy property at such t/me as the Property is no longer used in
conjunction with the Levy property for the uses specified in this ordinance, and (iii) an existing shared
drainage facility interconnecting the drainage service for Lots 6-10 and Lots 1-5 of Block 24 of Del
Raton Park, (the foregoing agreements shall be in form satisfactory to the City Attorney) (4) an
abandonment petition shall be processed with the City to abandon the south portion of the 10'
north/south alley along the east side of LOt 12 or the Site Plan revised to exclude the alley, and (5) a
waiver is hereby granted to LDR Section 5.3.1 02))(2) to reduce the required right of way width for
Avenue G from 60 feet to 50 feet, thus waiving the requirement for the Property to dedicate 5
additional feet. The development of and improvements to the Property shall be in accordance with
said approved Site Plan subject to review of landscaping by the Site Plan Review and Appearance Board
("SPRAB"). The City Commission hereby makes the City's finding of compatibility required in Section
2.4.5 (F)(5) of the Land Development Regulations.
All amendments to the approved Site Plan (except those amendments which by ordinance may
be approved administratively) shall be subject to review by SPRAB in accordance with the provisions
hereof. If the City hereafter amends the Land Development Regulations to change the Board that
reviews site plan applications or rezoning applications the applications which may be submitted in
regard to the Property shall be submitted to the newly designated Board instead of the Board named
herein.
Section 4. Establishment and Vesting: The "SAD project" for the purposes of vesting pursuant
to Section 4.4.25(C)0) of the Land Development Regulations shall include the use as set forth in
Section 2 above. After the effective date of this ordinance, the Property shall be vested for the SAD
project, provided that, within 18 months (or such extended 6me period as may be approved by the City)
from the date that the approval of the Site Plan becomes final, improvements representing twenty five
ORD. NO. 19-97
percent (25%) of the total cost of all improvements to be used in developing the approved Site Plan
have been constructed.
~ Special Re?lations: The following establishes special development regulations
specifically for this S. A. D. in addition to those regulations as otherwise provided in the City's Land
Development Regulations ("LDR").
A. Special Regulations
1. The design of all signage shall be reviewed and approved by the Site Plan Review
and Appearance Board C'SPRAB"), provided however, that signs shall be permitted to
be located where shown on the Site Plan along Ave. G and on the Levy property along
Federal Highway where the existing sign structure is located.
2. Except as otherwise shown on the Site Plan attached as Exhibit A, the use of the
Property pursuant to this ordinance shall comply with the LDR Section 4.4.10(G)
"Supplemental District Regulations of the AC Zoning District."
3. The approval to use the Property pursuant to this ordinance is contingent upon the
Property having access through the Levy property as shown on the Site Plan. If the
Property does not have legal access from the owner of the Levy property to use said
property for access, then the Site Plan approval for the Property shall terminate until
a modified site plan has been approved by the City which provides an alternate access.
Section& Although the Levy site plan is being modified by the processing of a non impacting
site plan modification as required in Section 3 above, nothing in this ordinance shall preclude the use
of the Levy Property as approved in Ordinance 42-96 recorded in Official Records Book 9498, Page
66 of the Public Records of Palm Beach County, FI..
Section 7. That all ordinances or parts of ordinances in conflict herewith (except Ordinance 42-
96) be, and the same are hereby repealed.
Section 8. 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, except if Section 6 is declared invalid in whole or in part in which case this
ordinance shall terminate in its entixety.
Section 9. That this ordinance shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 1997.
MAYOR
ATTEST:
City Clerk
First Reading ORD. lqO. 19- 9 7
Second Reading
EXHIBIT.
'7 "<
. /
~ ~'~ .... '~t~ FRONRATH MOTOR VEHICLE SALES,RENTAL AND LEASING
~:~j~-j~ ~ o.,~,n. ~,~s 2607 SO FEDERAL HIGHWAY DELRAY BEACH,FLORIDA
DAN BURNS ALLAMANDA DRIVE
MILLER OLDSMOBILE
PARK
ED MORSE
CADILLAC
BANYAN DRIVE
SHERWOOD
PON TIA C
DELRA Y
OSR
BUCKY DENT'S
BASEBALL SHERWOOD
GMC TRUCKS
TROPIC
DELRA Y
TOYOTA
.A-MAT AVENUE BAY'
MORSE
SA TURN
HYACINTH
DUMAR
MOBILE PLAZA EASTVIEW
HOMES VILLAGE
CLUB
SHERWOOD IRIS HONDA
DELRA Y
SHOPPING
MOBILE CENTER DRIVE
HOMES
N -REZONING-
FROM: POD (PROFESSIONAL OFFICE DISTRICT) TO: SAD (SPECIAL ACTIVITIES DISTRICT)
PLANNING DEPARTMENT ~ RM (MEDIUM DENSITY RESIDENTIAL)
CITY OF' OELRAY B£ACH, FL
-- D/G/I'AI- 8~S£ Id,4P $)'S~'EM -- MAP REF: LM135
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2qAGER~
SUBJECT: AGENDA ITEM # /~0 - REGULAR MEETING OF APRIL 1, 1997
FIRST READING FOR ORDINANCE NO. 20-97 (PROHIBITING
SKATEBOARDS IN VETERAN'S PARK)
DATE: MARCH 27, 1997
Attached is correspondence from Captain Mark of the Ramblin Rose
asking for relief from the situation caused by skateboarding in
the park. He has also provided pictures of the damage caused by
this activity (photocopies are attached; the photographs are
available in the Clerk's office). Not only the ticket office but
also our fountain, retaining walls, and other features of the park
landscape are being damaged or defaced.
In response, Ordinance No. 20-97 has been drafted and is before
the Commission for consideration on first reading. The ordinance
would prohibit the use of skateboards in Veteran's Park.
Recommend approval of Ordinance No. 20-97 on first reading. If
passed, a public hearing will be scheduled for April 15, 1997.
ref:agmemol3
FEB 2
~riter's D~ect C~e: (56l) ~43-?~
Ali. America City ~MO~~
~ DATE: Febm~ 25, 1997
1993
TO: David T. Harden, City Manager
FROM: David N. ToIces, Assistant City Attorne~
SUBJECT: Ordinance Prohibiting Skateboards - Veteran's Park
For yoUr review is the attached draft ordinance which would prohibit the use of
skateboards in Veteran's Park. If you feel it is necessary, we could also include a
prohibition on in-line skates and roller skates. Please provide me with your thoughts and
comments.
DNT:smk
Attachment
cc: Joseph Weldon, Director of Parks and Recreation
Susan A. Ruby, City Attorney
skate.dnt
ORDINANCE NO. 20-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 132.09,
"SKATEBOARDING AND THE LIKE PROHIBITED", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO
PROVIDE FOR THE PROHIBITION ON THE USE OF
SKATEBOARDS AND THE LIKE IN VETERAN'S PARK;
RELETTERING SUBSECTION (B) TO SUBSECTION (C);
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Veteran's Park is being used by a number of
persons on skateboards and the like; and
WHEREAS, the City of Delray Beach has spent considerable
funds for the improvements in Veteran's Park, including a gazebo,
brick paver sidewalks, and a new dock; and
WHEREAS, the City Commission of the City of Delray Beach
finds that the use of skateboards and the like in Veteran's Park has
caused damage to the sidewalks and paved areas of the park; and
WHEREAS, the City Commission finds that the use of
skateboards in Veteran's Park is a danger to those using the park;
and
WHEREAS, the City Commission finds that there is a need to
regulate the use of skateboards and the like in Veteran's Park; and
WHEREAS, the City Commission finds that such regulations
governing the use of skateboards in Veteran's Park will serve to
protect the safety and welfare of the citizens, and to promote the
aesthetics of the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 13, "General Offenses", Chapter 132,
"Offenses Against Public Peace and Safety", Section 132.09,
"Skateboarding and the Like Prohibited", of the Code of Ordinances of
the City of Delray Beach, be, and the same is hereby amended to read
as follows:
Section 132.09 SKATEBOARDING ILND THE LIKE PROHIBITED.
It shall be unlawful for any person upon roller skates,
skateboards, bicycles, or riding in or by any means of any coaster,
toy vehicle, play vehicle or similar device:
(A) With the exception of bicycles, to go upon any
sidewalk along Atlantic Avenue between State Road A1A on the east and
1-95 on the west.
(B) With the exception of bicycles, to qo upon any
sidewalk or paved area in Veteran's Park.
(~) To operate said device in a reckless manner on any
public sidewalk. No person shall ride a skateboard or roller-skate
on a sidewalk without exercising due care for the safety of others
using the sidewalk.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 20-97
February 10, 1997
Mr. David Harden
City Manager
100 N.W. 1st Ave.
Delray Beach, FL 33444
Dear Mr. Harden,
Please be advised that since last weeks letter to you, the new ticket
office has now actually incurred damage from apparent skate-boarders.
Enclosed are photos which you may keep.
I hope I~may hear from you soon on this problem.
S_~~ly,
Dane L. M, rk
President
Enc.
DLM:lam
801 Ariantlc Ave Delray Beach. FL 334&3 Ph:(407)24,3-0686 Fx:(407)2~9
January 30, 1997
Mr. David T. Harden
City Manager
100 N.W. 1st Ave.
Delray Beach, FLorida 33444
Subject: 1. Skate Boarders
2. Art Vendors Parking
Dear Mr. Harden,
If you recall, I was opposed to placing the new ticket office to
where it is now located. I expressed my concerns to you in writing
and verbally last sprin~ with reference to the skate-boardinq that
~oes on in this area.
Now that we have just occupied %he new office we are already
experiencing what a nuisance this is. Skate-boarders line up
directly in front of the ticket window so they may ~et a running
start at the steps. Not only is this a nuisance, but a liability
for this business.
I ~herefore am askin~ for immediate (season is upon us) relief in
the form of a City sign mounted on the wall next to the steps. I
suggest the si~n could read .... NO Skate-Boarding within 30 feet of
Ticket Office.
I am fully aware of the parking problem issue downtown. This issue
however, is not relative ~o my next discussion. The Veteran's park
public parking lot is used by a number of surroundin~ businesses,
adult center, the playground, and the Ramblin' Rose Riverboat.
In past years the Delray Art League has used'the parking lot generally
two weekends in January and a~ain for the Delray Affair. Enclosed
is the Art League's new schedule. As you can see by the hi~h-li~hted
dates that there is a new trend in using the Veteran's Park on a
more regular basis. The comDlaint I have wi~h this is the artists
now monopolize the parkin~ which was available to the Riverboat patrons.
Artists arrive at 7:00 a.m. and capture parking spaces until ~hey
leave at 5:30 p.m. This practice eliminates the normal ebb and
flow of parkin~ spaces opening and closing during a normal eight
hour day.
801 Atlantic Ave Delray Beach, FL 3,3483 Ph:(407)243-0686 Fx:(407)243-4069
I therefore am asking the City to regulate this problem by making
the Artists use, conditional. The condition is, that after the
Artists unload their art and get set up that they then transfer
their vehicles to the north end of the Park for the remainder of
their stay.
Once again season is upon us and I would like bo see some cooperation
by ~he Art League when thay return on February 8th and 9th and
there-after.
Thank you for your immediate attention on these two imposing matters.
Sincerely,
e L. Mark/
President
Enclosure
DLM:lam