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09-03-96 Regular CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ~ Nl-~caCity COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less, (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 non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. Ail comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. Regular Commission Meeting September 3, 1996 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Fla~. 4. Agenda Approval. Action: Motion to Approve. 5. Approval of Minutes: Regular Meeting of August 20, 1996 6. Proclamations: A. Kids Day America September 28, 1996 7. Presentations: None 8. Consent Agenda: City Manager recommends approval. A. INTERLOCAL AGREEMENT WITH COMMUNITY REDEVELOPMENT AGENCY POR PLANNING SERVICES: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency for planning services. B. INITIATION OF REZONING/SANDOWAY HOUSE: Initiate the rezoning of the County-owned Sandoway House property at 142 South Ocean Boulevard from RM (Medium Density Residential) to CF (Community Facilities) District. C. INTERLOCAL AGREEMENT WITH THE SCHOOL BOARD FOR THE SEACREST PROPERTY: Approve the revised interlocal agreement between the City and the School Board of Palm Beach County for the Seacrest Property. D. RATIFICATION OF SCRWTD BOARD ACTION: Ratify SCRWTD Board action of August 29, 1996 entering into contract in the amount of $100,429 with Centerline Utilities Contracting Corp. to install approximately 1,900 feet of 30" reuse water line through The Isles at Hunter's Run on an emergency basis. E. RATIFICATION OF SCRWTD BOARD ACTION: Ratify SCRWTD Board action of August 29, 1996 expending $5,600 from sinking fund to 2 Regular Commission Meeting September 3, 1996 replace demister balls, sheaves and balance impellers in odor abatement scrubbers and blowers on an emergency basis. F. RATIFICATION OF SCRWTD BOARD ACTION: Ratify SCRWTD Board action of August 29, 1996 obtaining easement by gift or purchase from owners of Lots 209 and 210 at Pine Tree Golf Club for installation of reuse water system and expending up to $5,000 per lot to obtain easement. G. RATIFICATION OF SCRWTD BOARD ACTION: Ratify SCRWTD Board action of August 29, 1996 permitting the Executive Director to purchase approximately 1,900 lineal feet of 30" ductile iron pipe at a price not to exceed $96,900 to be utilized for the reuse water line through The Isles of Hunters Run. SPECIAL POWER OF ATTORNEY/EMS CONSULTANTS, LTD.: Approve granting Special Power of Attorney to Richard A. Tibbetts of EMS Consultants, Ltd. for the sole purpose of representing the Fire Department at Medicare hearings regarding the denial of payment for ambulance service. I. AGREEMENT WITH SCHOOL BOARD/POLICE OFFICER AT DELRAY FULL SERVICE CENTER: Approve an agreement with the School Board of Palm Beach County for the assignment of a Delray Beach Police Officer to the Delray Full Service Center. J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept 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 August 19 through August 30, 1996. K. AWARD OF BIDS AND CONTRACTS: 1. Purchase to Alco Engineering Division for replacement cylinder units and parts to rehabilitate the Pneumatic Cylinder System located at the Water Treatment Plant, in the amount of $14,063.40 from 442-5178-536-46.90. 2. Bid award to Photoline Supplies for various photographic supplies via City of Boca Raton bid, at an estimated annual cost of $19,150 from various departmental operating budgets (~34.70). 3. Bid Award to Hardrives of Delray, Inc. for the Merritt Park project; consisting of removal of existing roadway, relocation of signs and fencing to facilitate construction of a 1400 square yard parking area, landscaping, design/ build irrigation system, curbing, sidewalk construction, basketball goals, and chain link fencing and gates, in the amount of $54,616.70 from 334-4120-572-63.10. Regular Commission Meeting September 3, 1996 9. Regular Agenda: A. TRANSFER JURISDICTION OF N.E. 4TH STREET BETWEEN SWINTON AVENUE AND N.E. 6TH AVENUE: Consider transferring the jurisdiction of N.E. 4th Street between Swinton Avenue and N.E. 6th Avenue, from Palm Beach County to the City. B. RESOLUTION NO. 68-96 AUTHORIZING AGREEMENT WITH FLORIDA DEPART- MENT OF TRANSPORTATION FOR NORTH FEDERAL HIGHWAY: Consider approval of Resolution No. 68-96 authorizing the Mayor to enter into a Highway Beautification Grant and Maintenance Memorandum of Understanding with the Florida Department of Transportation in connection with the reconstruction and beautification of North Federal Highway between Bond Way and Gulfstream Boulevard. C. THIS ITEM HAS BEEN REMOVED D. INFORMATION COLLECTION RULE REQUIREMENTS: Consider protesting to our Congressional Delegation the requirements of the recently promulgated Information Collection Rule (ICR) for water quality data and its impacts on the City. E. BID AWARD/ENVIRODYNE, INC.: Consider approval of a bid award in the estimated annual amount of $10,000 to Envirodyne, Inc. as the lowest responsible bidder, for supplemental laboratory analysis of water and wastewater testing, with funding from 441-5122-536-34.90. F. REJECTION OF BID/TENNIS CENTER BUILDING REPAIR: Consider rejecting the bid received for the Tennis Center building repair project and authorize staff to redefine the scope of work and readvertise. G. APPOINTMENTS TO THE POMPEY PARK ADVISORY COMMITTEE: Appoint three citizen members to the Pompey Park Advisory Committee for two year terms ending September 13, 1998. The appointments will be made by Commissioner Ellingsworth, Commissioner Randolph and Mayor Alperin. 10. Public Hearings: A. RESOLUTION NO. 64-96: A resolution tentatively levying a tax on all properties within the City of Delray Beach for maintenance and operation, and for payment of principal and interest on bonded indebtedness, for FY 1996/97. B. RESOLUTION NO. 65-96: A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach. C. RESOLUTION NO. 66-96: A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City for the period October 1, 1996 to September 30, 1997. --4- Regular Commission Meeting September 3, 1996 D. RESOLUTION NO. 67-96: A resolution establishing a budget for the Stormwater Utility System, establishing the rates for FY 1996/97 stormwater management assessments, and certifying and adopting the stormwater assessment roll. E. ORDINANCE NO. 30-96: An ordinance amending Chapter 56, "Stormwater" to delete references to the interim method of collection, and to provide that Lake Worth Drainage District (LWDD) exempt properties are identified through LWDD boundary maps. F. TRANSFER OF CITY-OWNED PROPERTY/QUIT-CLAIM DEED TO PALM BEACH COUNTY: Consider approval of a quit-claim deed transferring ownership to Palm Beach County of land at the intersection of Linton Boulevard and Federal Highway for right-of-way improvement purposes. 11. Co~ents and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 33-96: An ordinance repealing Chapter 51, "Garbage and Trash", of the City Code and enacting a new Chapter 51, "Garbage and Trash", to provide regulations consistent with the contract for collection services which becomes effective October 1, 1996. B. ORDINANCE NO. 31-96: An ordinance amending Chapter 52, "Water", of the City Code by amending Sections 52.02 and 52.18 to remove the 12-month restriction for temporary service; amending Section 52.34 to provide for increased residential, nonresidential and irrigation rates for FY 1996/97; amending Section 52.39(D), "Late Payment", to eliminate redundant wording; amending Section 52.52 by clarifying the amount to be paid before discontinued service will be restored. If passed, public hearing September 17, 1996. C. ORDINANCE NO. 32-96: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code to provide for revised residential and nonresidential/commercial rates for FY 1996/97. If passed, public hearing September 17, 1996. D. ORDINANCE NO. 34-96: An ordinance amending the Layer's North SAD (Special Activities District), located on the east side of S.W. 10th Avenue, south of Linton Boulevard, to allow the temporary sales and reception building on the north side of Egret Circle to be incorporated as part of the approved site plan of record. If passed, public hearing September 17, 1996. Regular Commission Meeting September 3, 1996 E. ORDINANCE NO. 35-96: An ordinance annexing a 4.18 acre parcel of land known as the Carusillo and Evans property, located on the west side of Military Trail, approximately 1,400 feet south of Atlantic Avenue; establishing initial zoning of RM-8 (Medium Density Residential - 8 units/acre), and providing for a Small Scale Future Land Use Map amendment to affix an official City land use designation of Medium Density Residential 5-12 units/acre. If passed, quasi-judicial hearing September 17, 1996. F. ORDINANCE NO. 36-96: An ordinance adopting Comprehensive Plan Amendment 96-1B related to the Silver Terrace and Hardrives/ Office Depot areas. If passed, quasi-judicial hearing September 17, 1996. The amendments to the Future Land Use Map (FLUM) are: 1. Future Land Use Map amendment from County Industrial to City Industrial for a 4.3 acre portion of the Hardrives property, located on the east side of Congress Avenue, approximately 1,800 feet south of Germantown Road. 2. Future Land Use Map amendment from County Industrial to City Transitional for a 9.0 acre portion of the Hardrives property (aka Elmore POC), located on the west side of Congress Avenue, approximately 800 feet south of Germantown Road. 3. Future Land Use Map amendment from Redevelopment Area #4 to Medium Density Residential 5-12 units/acre in part, General Commercial in part, and Transitional in part, in conjunction with the implementation of the Silver Terrace Redevelopment Plan. The area is located south of SoE. 10th Street, east of Dixie Highway, west of U.S. Highway No. 1, and north of the Delray Mall. G. SILVER TERRACE REZONINGS: (1) ORDINANCE NO. 39-96: An ordinance rezoning portions of the Silver Terrace Redevelopment Area from RO (Residential Office) and RM (Medium Density Residential) Districts to SAD (Special Activities District) in conjunction with the implementation of the Silver Terrace Redevelopment Plan. (2) ORDINANCE NO. 40-96: An ordinance rezoning a portion of the Silver Terrace Redevelopment Area from MH (Mobile Home) to R-1-A (Single Family Residential) District in conjunction with the implementation of the Silver Terrace Redevelopment Plan. ORDINANCE NO. 37-96: An ordinance establishing initial zoning of I (Industrial) for a 4.30 acre portion of the Hardrives property, located on the east side of Congress Avenue, approximately 1,800 feet south of Germantown Road. If passed, quasi-judicial hearing September 17, 1996. -6- Regular Commission Meeting September 3, 1996 I. ORDINANCE NO. 38-96: An ordinance establishing initial zoning of POC (Planned Office Center) District for a 9.00 acre portion of the Hardrives property (aka Elmore POC) located on the west side of Congress Avenue, approximately 800 feet south of Germantown Road. If passed, quasi-judicial hearing September 17, 1996. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission WHEREAS, our community seeks to support parents in carrying out their responsibility for the Health and well-being of their children; and WHEREAS, the Safety of our children is a significant concern of parents, community leaders and health care givers; and WHEREAS, our children's awareness of Environmental Issues is of universal concern and deserves the utmost attention; and WHEREAS, if started in childhood, proper Health, Safety and Environmental habits can be maintained for a life time, producing a valued member of society, and enhancing our community. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim September 28, 1996, as KIDS DAY AMERICA in Delray Beach, Florida, and urge that this day be dedicated to the efforts of Doctors of Chiropractic in helping educate all citizens including children, on the importance of Health, Safety and Environmental Issues affecting our community. 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 3rd day of September, 1996. MAYOR JAY ALPERIN SEAL TO: DAVID T. HARDEN DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 3, 1996 **CONSENT AGENDA** INTERLOCAL AGREEMENT FOR PLANNING SERVICES The action requested of the City Commission is approval of an agreement between the City and the Community Redevelopment Agency (CRA) for planning services. Over the past two years, the City' Department of Planning and Zoning has worked with CRA staff on the preparation of Redevelopment Plans for areas of the City that are identified in the Comprehensive Plan as redevelopment or blighted areas, and which are also located within the CRA boundaries. The West Atlantic Avenue plan was adopted in 1995, and the North Federal Highway plan is scheduled for consideration by the Commission later this year. Separate interlocal agreements between the City and the CRA were prepared for each of those plans, stipulating the various responsibilities and costs to be borne by each entity. Rather than continuing to prepare separate agreements for each plan, the attached agreement provides for ongoing planning services to be provided by the P & Z Department for the next two years, at a cost to the CRA of $10,000 per year. The services to be provided by the department will include redevelopment and/or neighborhood plans for the Seacrest/Dell Park area, Osceola Park, North Federal Highway, and continuing involvement in the West Atlantic plan. The CRA reviewed and approved the agreement at the meeting of August 22, 1996. By motion, approve the attached Interlocal Agreement for planning services. Attachment: Interlocal Agreement For Planning Services Between the City and the CRA INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCy THIS AGREEMENT is made and entered into this ~ day of , 1996 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the "City", and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as the "CRA". WITNESSETH: WHEREAS, the City's Comprehensive Plan requires the preparation of redevelopment plans 'for locations within the City limits which are also located within the CRA's boundaries; and WHEREAS, the City Commission has directed the Planning and Zoning Department to assist the CRA in the preparation of certain redevelopment plans; and WHEREAS, the CRA has in the past assisted in funding the preparation of redevelopment plans by the City; and WHEREAS, the CRA wishes to continue contracting with the City for the planning services. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The term of this contract shall be for two years commencing on the date indicated above. 3. The City shall provide planning services to the CRA, including but not limited to working with the CRA on producing the redevelopment or neighborhood plans and associated planning tasks in the following areas: a. North Federal Highway Corridor b. Seacrest/Dell Park Neighborhood c. Osceola Park d. West Atlantic Avenue The CITY will be the lead agency in preparing these plans. 4. The intended scope of work is to produce redevelopment and/or neighborhood plans which incorporate the information gathered and produced at meetings with the respective neighborhoods. In the event revisions to the plans are necessary, the City agrees to ensure that plan revisions are made until plan adoption. 5. The CRA will make available any information currently collected for the plan as well as providing support assistance. 6. The CRA will pay for the cost of planning services to produce the redevelopment and/or neighborhood plans. The estimated cost for the planning services shall be $10,000.00 per year. Payments shall be made in the amount of $2,500.00 per quarter. The £u'st payment shall be due at the time the City executes the agreement. 7. Costs of supplies, excepting reproduction of the completed plan, will be borne by the City. 8. Prior to the effectiveness thereof and pursuant to the requirements of Section 163.01(11) of the Florida Statutes, this agreement shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 2 9. No prior or present agreements or representations with regard to planning services shall be binding on the City or the CRA unless included in this contract. No modification or change in this contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. 10. The invalidity of any portion, article, paragraph, provision, clause, or any portion thereof of this contract shall have no effect upon the validity of any other part or portion hereof. 11. To the extent allowed by law, the venue for any action arising from this contract shall be in Palm Beach County, Florida. 12. This contract shall be governed by and in accordance with the laws of the State of Florida. 13. Neither the City, nor the CRA, shall assign, convey or transfer any rights or interest in this Agreement without the written consent of the other. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Form: City Attorney ATTEST: COMMUN~iTY~D, EVEBOPMENT AGENCY Print Name: ~"~! ~A~b~0~ Print Name: ,._~.~}~ '~X]~.~. (sE~) State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this ~,¢~TttOday of t~rry, 1996 by ,~D/~,/ k_)~z~/E-~ , w~ho is perso.nally knowrLto me or who has produced as identification. Signature of Notary of Florida cra-2.agt o~.~$~_~o~, DIANE G. HERVEY ,~, ~ COUM~SS~ON ~ ~ 332506 ~ ~ ~ ~ma~s NOV 2e, ~e Atlantic Bonaing Co., 0F ~ 800-732-2245 4 TO: DAVID T. HARDEN, CITY MANAGER.~.~. ~ ( ~._ _ , FROM: DIANE DOMINGUEZ, DIRECTO~~.0_.~ ~1 DEPARTMENT OF PLANNING ANI~"'zONING'"~ .... ,~ ~) SUBJECT: MEETING OF SEPTEMBER 3, 1996 INITIATION OF A CHANGE OF ZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CF {.COMMUNITY FACILITIES) FOR THE SANDOWAY HOUSE The action requested of the City Commission is initiation of a change of zoning for County-owned property located on South Ocean Boulevard (142 S. Ocean Blvd.), just south of Sandoway Park. This request relates to property that is the subject of various agreements involving the City, Palm Beach County, Friends of Sandoway, and Florida Communities Trust. The property consists of approximately 0.36 acres, which was acquired by the County on August 10, 1995. The existing zoning, which is RM, does not permit the intended use as a nature center. The appropriate zoning district for the proposal is CF (Community Facilities). Once the rezoning is initiated, the Planning and Zoning Board will consider the rezoning at its regular meeting of September 16, 1996. The Board's recommendation will be forwarded to the Commission. By motion, initiate the rezoning of the County-owned Sandoway House, as further described in the attached legal description and location map, from RM (Medium Density Residential) to CF (Community Facilities). Attachments: · Location Map · Legal Description STATE OF FLORIDA PALM BEACH OF DELRAY BEACH COUNTY ATLANTIC AVENUE NOT TO SCALE SANDOWAY PA~K INGRAHAM I OCF..~N TE:RR./ SANDOWAY HOLJSE oc~ (Proposed Site) o (Range 45, Township 46, S.E. Corner of Section 16) ISTREE? LAN(~[R WAY CASUARINA ROAD CITY of DELRAY BEACH SANDOWAY HOUSE Sketch ENVIRONMENTAL SERVICES DEPARTMENT~ #1 434 SOUTH SWINTOH AVENUE, DELPAY BEACH, FLORIDA 33444 Exhibit C [ITY OF OELAAY BEI:I£H DELRAY BEACH ~ 100 N,W, 1st AVENUE · DELRAY BEACH, FLORIDA 33444 ·407/243-7000 AII-AmeficaCity 1993 TO: David T. Harden, City Manager FROM: ~"'~0bert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item # ?. ~,,, City Commission Meeting, September 3, 1996 Approval Seacrest Property Agreement DATE: August 27, 1996 ACTION City Commission is requested to approve the revised agreement with the School Board for the Seacrest Property project. BACKGROUND On August 21, 1996, the School Board unanimously approved the revised Seacrest Property agreement with the changes agreed to by a majority of City Commission on August 6, 1996. The two changes agreed upon were 1) a reverter clause, paragraph 1 .J and, 2) revisions to the funding language in paragraph 1.1. RECOMMENDATION Staff recommends approval of the Interlocal Agreement with the School Board of Palm Beach County for the Seacrest Property. RAB:kwg Attachment File:u:graham/seapro.acq Doc.:RevAgmnt. O01 THE EFFORT ALWAYS MATTERS (Printed on Recycled Paper Board Meeting Date August 21, 1996 ~ Agenda Item No. SCHOOL DISTRICT OF PALM BEACH COUNTY BOARD AGENDA ITEM SUMMARY PLANNING AND REAL ESTATE I recommend the School Board approve a revised interlocal agreement with the City of Delray Beach, Florida, and authorize the Chairman and Superintendent to sign necessary documents. '. Revise Paragraph 1.I. to provide for "fiscal funding out" language as proposed by Staff and approved by the City of Delray Beach. · Add Paragraph I.J. providing for reversion to the City of Delray Beach of the Phase II land area and the provision for entering into a shared parking agreement in the event the District does not construct Phase II. BOARD GOAL/PRIORITY/BELIEF: CONTACT: Lawrence G. Zabik/Jan Hansen FUND SOURCE: 9242 Planning & RE N/A N/A N/A N/A CONSENT AGENDA ITEM BOARD REPORT AUGUST 21, 1996 ADDITIONAL INFORMATION INTERLOCAL AGREEMENT WITH THE CITY OF DELRAY BEACH REGARDING THE SEACREST ATHLETIC FACILITIES PLANNING AND REAL ESTATE · On August 6, 1996, the City of Delray Beach reconsidered the terms of this agreement. By a 3-2 vote (Mayor Alperin, Commissioner Randolph dissenting), the commission voted to accept the changes as provided herein. It 'must be stated, however, that the mayor conveyed his strong objection to the inclusion of any "fiscal funding out" language (Paragraph I.), which he viewed as a weakening of the Board's commitment to this project (See attached Palm Beach Post Article, 8/7/96). · The addition of Paragraph 1. J. provides the City of Delray Beach an option to build a facility of its sole discretion, in the event the PBCSD does not complete Phase II within the time frame specified in Paragraph F. · Revise Paragraph I to read as follows: "The full faith and credit of the SCHOOL DISTRICT is not pledged for payment of such sums contemplated for Phase [I and such sums do not constitute an indebtedness of the SCHOOL DISTRICT within the meaning of any Constitutional or Statutory provisions or limitations. Neither party to this agreement may compel the other for the levy of Ad Valorem taxes or other funds authorized by the law and regulations of the State of Florida for the payment of monies necessary to complete Phase II." · Add a new Paragraph, 1. J. regarding Phase II reverter to read as follows: "In the event that Phase II is not constructed within the time frames contemplated in paragraph IF], the CITY may exercise its right to reclaim the land and associated administrative/staff parking area currently designated as Phase II on the attached exhibit C. In that event, the DISTRICT will enter into an agreement with the CITY for the shared use of the balance of the parking spaces to be constructed in Phase I. The intent of this shared parking provision shall be to provide the CITY, or its successors and assigns, the ability to develop the area designated for Phase II with a project of comparable intensity to Phase II (the gynmasium). The CITY shall notify the SCHOOL DISTRICT of its intention to exercise this option, and the SCHOOL DISTRICT, within 90 days, shall convey the Phase II area and enter into the Shared Parking Agreement. I I:\DATA\WP5 I\DOC\BRDRPT~821 .cdb This Instrument Prepared by: Jan Ilansen with Robert A. Rosillo and should be returned to: Robert A. Rosillo, Associate Counsel The School District of Palm Beach County 3318 Forest Hill Boulevard West Palm Beach, Florida 33406-5813 INTERLOCAL AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH THIS AGREEMENT, entered into this ,.~! ~ day offS, 1996, between the SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida, (hereinafter referred to as "SCHOOL DISTRICT") and the CITY OF DELRAY BEACH, a Florida municipal Corporation, (hereinafter referred to as "CITY"). WlTNESSETH: WHEREAS, it is the intent of the SCHOOL DISTRICT and the CITY to encourage and ensure cooperation between and among the local governmental entities to provide for the coordination of development activities of-units of local government; and WHEREAS, the SCHOOL DISTRICT is the controlling body of the Public Schools of Palm Beach County, Florida, and owns and operate schools in the City of Delray Beach; and WHEREAS, the SCHOOL DISTRICT and the CITY recognize the needs, on occasion, to utilize the facilities of the other, thereby minimizing the duplication of facilities; and WHEREAS, the CITY under its powers, desires that its residents have reasonable use of certain parts of the school facilities when not in use for educational or program purposes established by the SCHOOL DISTRICT; and H:\data\wp5l\doc\Agreemt\DelrayBe. Ath JCH:bf Revised 8\9\96 1 WHEREAS, the CITY, and the SCHOOL DISTRICT, have entered into a collaborative effort to acquire real property, consisting of 4.37 acres of land, more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein (hereafter referred to as the PROPERTY); and WHERE^S, the School District will develop the PROPERTY for certain athletic and parking facilities, more particularly described on Exhibit "B" and by this reference incorporated herein (the Seacrest Avenue Facilities hereinafter referred to as the FACILITIES); and WHEREAS, the SCHOOL DISTRICT will own and operate the FACILITIES; and WHEREAS, the CITY and the SCHOOL DISTRICT will share in the cost of acquiring PROPERTY and developing the FACILITIES and in consideration thereafter will share in the use of these FACILITIES when not in use for educational programs as established by the SCHOOL DISTRICT; WHEREAS, the CITY and the SCHOOL DISTRICT are desirous of entering into this agreement for the acquisition and development of the PROPERTY located at 25XX Seacrest Boulevard, Delray Beach, Florida, for athletic facilities and parking to be jointly used by both parties. NOW, THEREFORE, in consideration of the promises contained herein, the parties agree as follows: I. GENERAL PROVISIONS A. The above recitals are true and correct and are incorporated herein by reference. H:\data\wp51\doc\Agreemt\DelrayBe. Ath JCH:bf Revised 8\9\96 2 B. The acquisition of the PROPERTY and the program herein described shall be called the Seacrest Avenue Facilities. C. The CITY agrees to acquire the PROPERTY and convey the PROPERTY to the SCHOOL DISTRICT for the project. The CITY agrees to convey the PROPERTY to the SCHOOL DISTRICT free and clear of all improvements described herein as underground tanks, hydraulic systems, building concrete pads, and asphalt not deemed suitable by the CITY and the SCHOOL DISTRICT for intermediate use. Further, the City shall provide the School District with title search evidence acceptable to the School District. In return, the SCHOOL DISTRICT agrees to provide the CITY limited use of the facility, as described herein. D. The SCHOOL DISTRICT will provide the balance of funds necessary to complete Phase I and all the funding associated with Phase II, in accordance with the Palm Beach County School District Board Report 11-B4 dated April 10, 1996. E. Phase I of the project will be completed within two (2) years of the date of execution of this agreement and the conveyance of the PROPERTY to the SCHOOL DISTRICT. F. Phase II will be started within three (3) years from the completion of Phase I. G. The SCHOOL DISTRICT agrees to make the FACILITIES available on a schedule mutually agreed to by Atlantic High School and the CITY of Delray Beach. Further, the CITY will be afforded the use of the gymnasium after the completion of Phase II three (3) days per week from 6:00 p.m. - 10:00 p.m. and on Saturdays from 10:00 a.m. H:\data\wp51\doc\Agreemt\DelrayBe.Ath JCH:bf Revised 8\9\96 3 - 2:00 p.m. for community use (youth and adult basketball, volleyball, etc.) unless there is a specified tournament scheduled. H. The DISTRICT will reimburse the CITY for appraisals, demolition costs and environmental studies conducted in conjunction with the acquisition of the subject PROPERTY in an amount not to exceed $7,500, within 120 days of conveyance of the deed to the SCHOOL DISTRICT by the CITY. Upon receipt of anticipated foundation funds, the DISTRICT will pay an additional amount to the CITY not to exceed $25,000. I. The full faith and credit of the School District is not pledged for payment of such sums contemplated for Phase II and such sums do not constitute an indebtedness of the School Board or the District within the meaning of any Constitutional or Statutory provisions or limitations. Neither party to this agreement may compel the other for the levy of Ad Valorem taxes or other funds authorized by the law and regulations of the State of Florida for the payment of monies necessary to complete Phase II. J. In the event that Phase II is not constructed within the time frames contemplated in paragraph IF], the City may exercise its right to reclaim the land and associated administrative/staff parking area currently designated as Phase II on the attached exhibit B. In that event, the DISTRICT will enter into an agreement with the CITY for the shared use of the balance of the parking spaces to be constructed in Phase I. The intent of this shared parking provision shall be to provide the CITY, or its successors and assigns, the ability to develop the area designated for Phase II with a project of comparable intensity to Phase II as shown on Exhibit B and listed on Exhibit C. The CITY shall notify the SCHOOL DISTRICT of its intention to exercise this option, and H:\data\wp51\doc\Agreemt\DelrayBe. Ath JCH:bf Revised 8\9\96 4 the SCHOOL DISTRICT, within 90 days, shall convey the Phase II area and enter into the Shared Parking Agreement. II. OWNERSHIP The PROPERTY and the proposed FACILITIES will remain in the ownership of the SCHOOL DISTRICT OF PALM BEACH COUNTY; and subject to all terms and conditions imposed thereby. II!. FUNDING Funding for the facilities, including Land Acquisition will be provided by the CITY and SCHOOL DISTRICT. Phase I funding is to be provided, as follows, with the execution of this agreement: 1. CITY OF DELRAY BEACH $400,000(+) 2. SCHOOL DISTRICT (and others) - Balance of Phase I Costs Funding for Phase II will be provided by the SCHOOL DISTRICT. The specific amounts and allocation of same will be incorporated as an addendum to this agreement. IV. USES OF PROPERTY A. Use of Athletic Facilities - The SCHOOL DISTRICT agrees to permit the CITY in accordance with the prescribed procedures and conditions set forth herein, and without prior approval to utilize its athletic facilities and buildings. Each party shall be responsible for its utilities cost associated herewith. B. Procedure for Requesting Use of a Facility - All requests by the CITY for the use of the FACILITIES other than specified herein will be initiated by the Director of the CITY Recreation department and directed to the Principal of Atlantic High School. The H:\data\wp51\doc\Agreemt\DelrayBe. Ath ]CH:bf Revised 8\9\96 5 Principal will evaluate the request and approve if the facility is not otherwise in school use except as otherwise specified herein. C. Notice - The CITY and the SCHOOL DISTRICT agree to provide adequate notice, regarding the use of the FACILITIES. Notice may be in the form of a schedule of activities; memorandum or other written form, outlining the date, time and facility needed. Adequate notice is deemed to be ten (10) days prior to the date needed. In the event of scheduling conflicts, the facility's owners schedule will prevail if an alternative cannot be agreed upon, except as specified in paragraph 1. H. D. Adequate Supervision and Student Conduct - Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned, when using the FACILITIES. Student conduct and discipline at the FACILITIES shall be governed by SCHOOL DISTRICT Policy Chapter 5.18. A copy of SCHOOL DISTRICT Policy Chapter 5.18 being attached hereto as Exhibit "D". E. Manner of Use; Cleanup - The CITY and the SCHOOL DISTRICT agree to utilize the FACILITIES and equipment in the manner, and to the extent and degree intended for the particularly facility or equipment in use and further agree to leave the FACILITIES and equipment in a clean and orderly condition upon leaving the FACILITIES. F. Vandalism to Facilities When In Use Pursuant to this Agreement - The CITY agrees to be responsible for vandalism occurring to the FACILITIES during the periods the FACILITIES are used by the CITY. The SCHOOL DISTRICT agrees to be responsible for vandalism occurring to the FACILITIES during the periods the FACILITIES are used by the SCHOOL DISTRICT. The SCHOOL DISTRICT shall cause such repairs to be H:\data\wp51\doc\Agreemt\DelrayBe. Ath JCH:bf Revised 8\9\96 6 made as necessary to correct the damage and submit an itemized invoice to the CITY for damages incurred during their respective use of the facility and all damages shall be paid within 90 days of receipt of the invoice for the damages. V. FACILITY MAINTENANCE The maintenance responsibilities for the FACILITIES described herein will be assumed by SCHOOL DISTRICT. VI. SITE SECURITY The SCHOOL DISTRICT will be responsible for securing the FACILITIES on a daily basis. VII. LIABILITY The CITY recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statues, for the period of time the CITY is using the FACILITIES, provided however, that this provision shall not be construed as a waiver of any right or defense which the CITY may possess, an it reserves all such rights against any and all claims that may be brought against it under this Agreement. VIII. MODIFICATION Any modifications to this Agreement shall be in writing and approved by the parties' respective governing bodies. IX. This Agreement shall become effective upon approval of both parties, and shall continue for thirty years (30) with two five (5) year renewals upon mutual consent of both parties. ^. All notices herein required, permitted to be given to or served upon either party shall be in writing. Any such notice shall be deemed sufficiently given or served, if served H:\data\wp51\docXAgreemt\DeirayBe. Ath JCH:bf Revised 8\9\96 7 personally, sent Certified Mail by the United States Mail, or by any nationally recognized overnight carrier to the SCHOOL DISTRICT or the CITY at the address set forth as follows: As to the School District: SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA Office of General Counsel 3318 Forest Hill Boulevard West Palm Beach, Florida 33406-5813 With Copies to: Dr. Joan P. Kowal, Superintendent 3340 Forest Hill Boulevard West Palm Beach, Florida 33406-5869 As to the City: Susan Ruby, City Attorney City of Delray Beach 100 NW. 1st Avenue Delray Beach, Florida 33444 With Copies to: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 B. If any term or provision of this Agreement shall, to any extent, be deemed invalid or unenforceable, the remainder of this Agreement shall be valid and shall be enforced to the fullest extent of the law. C. This Agreement together with any addendum(s) that may now or in the future be attached and become a part of this Agreement set forth all covenants, promises, agreements, conditions and understandings between the parties hereto. There are H:\data\wp51\doc\Agreemt\DelrayBe. Ath JCH:bf Revised 8\9\96 8 no covenants, promises, agreements, conditions and understandings, either oral or written, between the parties other than those herein set forth. Except as herein provided, no subsequent alteration, changes, or additions, shall be binding the parties, unless and until reduced to writing and signed by both parties. D. This Agreement shall be construed in accordance with the laws of the State of Florida. E. This Agreement shall not be construed against the party who drafted the same as both parties have had experts of their choosing review the adequacy of the same. F. Should any litigation arise under this Agreement venue shall lie in Palm Beach County FL and the prevailing Party shall be entitled to reasonable Attorney Fees and court costs. IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on the day and year first above written. SCHOOL DISTRICT OF PALM BEACH Signed in the presence of two witnesses COUNTY, FLORIDA %~ ~'~~ Attest: D~Joan P. Kowal, Superintendent REVIEWED AND APPROVED REVIEWED AND APPROVED Susan Ruby - City Attorney fRobert A. Rosillo- School District Attorney H:\data\wp51\doc\Agreemt\Delrayge. Ath JCH:bf Revised 8\9\96 9 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County first name above to take acknowledgements personally appeared Sandra Richmond, Chairperson and Secretary, Dr. loan P. Kowal of the SCHOOL BOARD OF PALM BEACH COUNTY, Florida and they acknowledged before me that they executed the foregoing instrument as said officers and that they also affixed thereto the official seal of the SCHOOL DISTRICT OF PALM BEACH COUNTY. SWORN TO and subscribed before me this m day of ., 1996. Signed in the presence of two witnesses CITY OF DELRAY BEACH Mayor Jay Alperin Attest: City Clerk My Commission Expires: Notary Public (Notary Seal) STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County aforesaid to take acknowledgements personally appeared Jay Alperin as Mayor, and as City Clerk of the CITY OF DELRAY BEACH, Florida, and they acknowledged before me that they executed the foregoing instrument as said officers of the CITY and that they also affixed thereto the official seal of the CITY OF DELRAY BEACH. SWORN TO and subscribed before me this m day of ., 1996. My Commission Expires: Notary Public (Notaw Seal) H:~iata\wpSl\doc\Agreemt\DelrayBe.Ath JCH:bf Revised 8\9\96 10 SEACREST AVE PROPERTY: LEGAL DESCRIPTION Parcel 1: Folio #12 43 46 04 00 000 7370 The East 340 feet of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; LESS the following described parcels: 1. The South 15 feet of the above-described parcel; 2. 'l-~e East 40 feet of the above-described parcel; 3. The West 130 feet of the East 170 feet of the North 150 feet of the South 290 feet of the above-described parcel; 4. The North 125 feet of the South 140 feet of the East 265 feet of the West 305 feet of the above-described parcel. TOGETHER WITH Parcel 2: Folio# 12 43 46 04 00 000 7380 The West 168.00 feet of the East 300.00 feet of the North 125.00 feet of the South 140.00 feet of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida. TOGETHER WITH Parcel 3: The North 150 feet of the South 290 feet of the East 170 feet of South the one-half of the Northwest one-quarter of the Southwest one-quarter; Less East 40 feet for road right-of- way, Section 4, Township 46 South, Range 43 East Palm Beach County, Florida, also described as: Commencing at an iron rod on the westerly right-of-way line of Seacrest Boulevard, which is 140 feet North of and 40 feet West of the Southeast corner of the Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; thence run South 89°47t35" West for a distance of 130 feet to a concrete to a concrete monument; thence run North 0°32'25" West for a distance of 150 feet to a concrete monument; thence run North 89°47'35'' East for a distance of 130 feet to an iron rod on the westerly right-of-way line of Seacrest Boulevard; thence run South 0°32'25'' East along the westerly right-of-way line of Seacrest Boulevard a distance of 150 feet to the point of beginning. LESS AND EXCEPT any portion of the property used for public right-of-way for parcels, 1,2, and 3. Parcels 1, 2, and 3 containing 190,250 square feet, 4.37 acres, more or less. EXHIBIT A _JIL -- --J- N.E. 22ND STREET-- -- - [ ~t I-~- t - - I EXHIBIT B ~1 5EACI~.EST ATHLETIC FA~.ILITIIES, / ATLANTIC HIgH 5~.HOOL SEACREST ATHLETIC FACILITIES: ATLANTIC SENIOR HIGH SCHOOL PHASE ONE # of Areas i Description of Areas Sq. Ft. Per Unit Sq. Ft. Total 2 ! Dressing Room 1,050 2,100 2 Locker 175 350 2 Restrooms (student) 175 350 2 Shower (student) 175 350 2 i Drying 175 350 2 'Teacher Toilet/Shower 66 132 2 Laundry/Towel 175 350 Weight Room 1,000 Wrestling Room 1,680 Gymnastics 1,050 First Aid 260 2 Teacher Planning for 5 Teachers 150 300 Custodial Storage 25 Training Room 250 PHASE I PROGRAM INCLUDES: Subtotal Net Square Feet 8,547 ~, Total Site Development of Parking, Landscaping, Drainage, Mechanical @ 6% 513 Underground Utilities & Services for both Phases I & II. Phase I Total Net Square Feet 9,060 4~ Phase II Schematic Design (30%). Circulation, Walls, Etc. @ 34% 3.080 ~ Equipment, HVAC, & Electrical Rooms for Phase II will be included in Phase I Building. Phase I Gross Square Feet 12,140 PHASE II # of Areas Description of Areas Sq. Ft. Per Unit Sq. Ft. Total Gymnasium Flooor 6,800 PE Storage 788 Gymnasium Seating (2,000) 6,400 Gymnasium Storage 260 Lobby 850 Concessions 200 2 Ticket Booth 30 60 Public/Student Toilets 1,536 Custodial Storage 25 Subtotal Net Square Feet 16,919 Mechanical @ 6% 1.015 Total Net Square Feet 17,934 Circulation, Walls, Etc. @ 34% 6.098 Phase II Gross Square Feet 24,032 Project Total Gross Square Feet 96.172 EXHIBIT C 5.18 Student Conduct and Discipline.--- It is the intent of this policy to outline guidelines for the conduct and discipline of students in all of the schools of the district which will establish a safe, wholesome climate within which both positive growth and learning will occur. These guidelines also apply to adult students, age eighteen or older, except where specifically exempted. (1) Student conduct code (a) The following acts by any student shall be deemed by the Board as serious misconduct and shall be subject to action by legal means including expulsion from school. 1. To possess, display, or use any object that.could be used to harm another person. 2. To loiter or visit on any school campus without written permission of the principal of the school center. 3. To push, pull, shove, or fight any student or member of the school staff, volunteer or chaperon. 4. To use tobacco products on School Board property. 5. To possess, use, or sell any mood-modifying drug or substance including alcohol. A student may possess and use a lawful prescription ordered by a licensed physician and this shall not exceed the amount prescribed for one day. 6. To use profanity or obscene and abusive language or gesture in the presence of sludents or staff members. 7. To interfere with the privacy of any student by any non- consenting act. 8. To disobey or threaten physical harm to any staff member, volunteer or chaperon or to threaten the family or property of any staff member, volunteer, or chaperon at a school center or any school sponsored activity at or away from the school center. 9. To deface, steal, threaten or deprive the owner of the use of real or personal property belonging to the Board, students, or members of the school staff, volunteers or chaperons. 10. To participate in or encourage any activity that is disruptive to the general peace and welfare of the school center, or related functions in presence of or without presence of a professional staff member. 11. To discriminate against any other student, staff member, volunteer or chaperon on the basis of sex, race, creed, color, handicap or national origin. EXHIBIT D 5.11 12. To display behavior on the part of a student which is self- defacing or injurious to the student. 13. To participate in a walkout, sit-in, ~]~trike or other action which is disruptive to the good order and effective functioning of the school. (b) The above regulations shall be implemented by the following: 1. Each school center shall implement a system of redress of student grievances including the right to a fair and speedy hearing on said grievances. 2. Each school center shall maintain records for each student involved in infractions of said policy. These records shall be on the forms prescribed by the Superintendent. 3. The principal of the school center shall have authority over all school sponsored activities at the center or away from the center during or after the school day. 4. Each school center may promulgate additional rules peculiar to their needs. 5. The information provided in these rules shall be made available to student, parents or guardians and to the school staff at each school center in the student's handbook. .~ (2) Grievances against schools (a) The regular structured procedures for presenting grievances which students and parents or guardians feel they have against the school shall be followed. (b) The Superintendent shall establish procedures by which students and parents may present grievances to appropriate school authorities. Grievances associated with student boycotts, walkouts and sit-ins must be presented by the parents themselves rather than by students. (3) Personal appearance of students (a) The primary responsibility for the personal appearance of students rests with the parents. (b) However, when a student's appearance at school or at a school activity becomes a disruptive factor, a safety hazard, or exhibits impropriety, the principal shall correct and control these situations. (c) Each school shall involve parents, students and staff in developing a program that promotes neat appearance, grooming, .~] cleanliness and desirable health habits and attitudes. 5.12 (4) Non-attendance of students under sixteen (a) Regular school attendance is required of all children to a minimum age of sixteen with the following exceptions: 1. Students who are married or have been married, unmarried students who are pregnant and students who have already had a child out of wedlock. 2. Children within the compulsory attendance age limits who~ hold valid certificates of exemption which have been issued by the Superintendent. 3. Public school attendance is not required after the student attains the sixteenth birthday. (b) The Superintendent shall establish appropriate procedures for the notification of parents about excessive student absences. -(c) In each case of nonenrollment or of nonattendance on the part of the child who is required to attend school and when no valid reasons for such nonenrollment or nonattendance is found, the Superintendent shall institute a criminal prosecution pursuant to the provisions of Section 232.19 92) (5), FS. (d) Students under the age of eighteen years who withdraw from school or are guilty of nonattendance as defined in State Board of Education Rule 6A-i.0442 shall have their names submitted to the Department of Motor Vehicles and Highway Safety as being ineligible for a driver's license in the state of Florida. (5) Students and property, detention, search and seizure of (a) The principal, teacher, librarian, dean or others engaged in an instructional capacity in public schools shall be authorized to temporarily detain and question a student under circumstances which reasonably indicate that such student has committed, is committing, or is about to commit a violation of law. No student shall be temporarily detained longer than is reasonably necessary. Such temporary detention shall not extend beyond the place where it was first effected, or the immediate vicinity thereof. (b) If, at any time after the onset of the temporary detention, reasonable suspicion arises that the detained student is unlawfully concealing or has unlawfully concealed, stolen or has illegal property on the student's person, or within the student's locker, a member of the instructional staff may search the temporarily detained student and the student's locker only to the extent necessary to disclose, and for the purpose of disclosing, the presence of stolen or illegal property. (c) If the search of a temporarily detained student or the student's locker reveals stolen or illegal property, it may be seized. 5.13 (d) In addition to any other authority granted in this section (5), a principal, teacher, librarian, dean, others engaged in an instructional capacity, school security officers, or agents of ! ) the School Board hired to detect, locate and seize contraband shall be authorized to conduct and assist in the conducting of canine sniff searches and.seizures pursuant to the rules and conditions set forth herein. 1. The School Board recognizes that a serious problem exists on the Palm Beach County public school campuses regarding the possession, use and sale of drugs, drug paraphernalia and alcohol. The School Board also recognizes there is substantial student body, parental and school official concern regarding the problem; toss of staff morale; peer pressure placed on students; and loss of learning and administrative time through drug investigations. 2. The School Board has employed many strategies to combat these problems and provide students with a drug and alcohol free educational environment, including the following: a. Participation in "Chemical People" programs. b. Implementation of the "Naturally High" drug education program. c. Development of "The Drug Education Resource List." .) d. Improved drug education through the Health Education Life Management Skills and Home Economics classes. e. Development of Students Against Driving Drunk Chapters on 13 high school campuses. f. Adoption of Drug Education Philosophy and objectives. g. Implementation of Drug Awareness Week. h. Revision of Drug Use and Possession Penalties to encourage counseling and treatment. i. Development of in-service training program for counselors and others so they can refer students for counseling or treatment. j. Alternative to suspension program. 3. Notwithstanding the use of those items listed in paragraph D.2 above, a serious drug and alcohol problem persists on the Palm Beach County School Board campuses. Therefore, in order to do everything reasonable and necessary to create drug and alcohol free campuses for our students, the School Board hereby directs and authorizes the Superintendent to utilize canine sniffers, pursuant to the policy set forth · herein, to search persons and property and seize contraband discovered in said searches. 4. It is the intent of the School Board to use the canine sniffers primarily for school purposes and to bring disciplinary actions against students found in possession (~ -~ of contraband. The use of the canine'sniffers is not a ~ ~ joint endeavor with community law enforcement authorities. This shall not prevent school security officers, however, from assisting the canine sniffers' handlers in the performance of their duties. 5. Parents, students, school board employees and the public are reminded that public school campuses, including but not limited to, buildings, parking areas, athletic and recreational areas, and lockers are the property of the School Board of Palm Beach County and no one using said property, whether as a student or in any other capacity, has any exception of privacy in, on or around said property. 6. The Superintendent or designee shall determine at what times and in which schools the canine sniffers shall be utilized. The School Principal or designee shall be notified each time the canine sniffers are brought on campus. The canine sniffers shall be controlled and directed at all times by qualified handlers under contract with the School Board of Palm Beach County. Sniff searches shall be conducted at the direction of the qualified handlers, in cooperation with the School Board's security and administrative personnel. School Board administrative and security personnel shall be responsible for necessary ! .) parental notification, student disciplin&ry action, student: due process~ and public relations related to said searches. Custody, analysis, and disposal of contraband shall be the responsibility of the School Board's security personnel, in cooperation with the qualified handlers. If, as a result of a sniff search, probable cause arises to indicate that a non-student is in possession or control of illegal drugs, the School Board's department of security shall investigate, obtain warrants if necessary, and proceed to refer the matter to appropriate School Board personnel and police authorities for disciplinary action and prosecution. 7. The decision to refer a case to police authorities shall be made according to school board policy (refer to directive D-5. 132). 8. Boycotts, walkouts, sit-ins a. Participation by any student in a walkout, boycott, sit-in, strike, or similar action which interferes with the orderly operation of a school shall be deemed serious misconduct, as p~6vided by applicable Florida Statutes. b. Any student who participates in such an activity shall be subject to suspension or expulsion. 5.15 9.-Alcohol, drugs, smoking a. The use or possession of alcoholic and intoxicating liquors and beverages and narcotic type drugs shall not be permitted in any school center, or any school sponsored activity in Palm Beach County Schools by any person. b. No smoking shall be permitted by students in any school center, on any public school bus, or any school sponsored activity. c. There shall be no smoking in the gymnasiums and auditoriums of the Palm Beach County Schools by any person. Notice to that effect shall be displayed. d. Adult Education centers may allow smoking by adults outside of the regular school day and in spaces designated as smoking areas. I0. Probation a. A school principal may place a student on probation for a reasonable time, not to exceed the academic year in which the probation is assigned. i1. Corporal punishment a. Corporal punishment is the moderate use of physical · contact by the principal or the designated representative of the principal as may be necessary to maintain discipline or to enforce the rules. b. The use of corporal punishment shall be approved in principle by the principal before it is used in the school. c. Corporal punishment shall be administered only by members of the instructional staff and only in the presence of the principal or the principal's designated representative. No teacher, with the exception of deans, shall be required to administer corporal punishment. d. The principal shall attempt to employ parental assistance or other alternative measures to elicit positive behaviors prior to the administering of corporal punishment except in cases of disruptive conditions which require immediate action. e. A reasonable attempt shall be made to notify the parent or guardian on each occasion that corporal punishment is administered. f. The parent or guardian shall, upon request, be provided a written explanation of the need for the punishment and t'he name of the adult witness. 12. Student suspension a. Suspension is the temporary removal of a student from the regular school program for a period not to exceed 10 school days. b. The principal or the designated representative of the principal may suspend a student for willful disobedience of authority of a member of the school staff, volunteer or chaperon, for violence against persons or property, for the use of profanity or obscene language, for repeated misconduct of a less serious nature, for other acts specified in Section (I) above, student conduct code. Written notice of each such suspension issued within the reasons specified thereof, shall be mailed within twenty-four (24) hours to the student's parents or guardian and to the Superintendent; provided, further that no one suspension shall be more than ten (10) school days and that no one suspension shall be made an expulsion unless so ordered by the School Board in a resolution i. .) adopted and spread upon its minutes. The principal or the designated representative of the principal may suspend any student transported to and from school at public expense from the privilege of riding a school bus for a period not to exceed ten (10) school days or until such suspension is modified or made an expulsion by the School Board, provided that written notice shall be mailed within twenty-four (24) hours to the Superintendent and the parents or guardian. 1. The principal shall attempt to employ parental assistance or other alternative measures to elicit positive behaviors prior to suspension, except in the case of disruptive conditions which require immediate suspension. 2. The following information shall be included in the written notice sent to parents or guardian and to the Superintendent: a. Nature and date of the offense. b. Beginning date and ending date of suspension. ~ ~ c. Rule of student conduct code which has been violated. 5.17 d. Restrictions as to the appearance on school campus during suspension. e. Counseling with principal prior to return. ( ~! f. Possibility of student's doing work at home during suspension. g. When the suspension is for five (5) or mor~ days, or if a shorter suspension may cause the student to exceed ten unexcused absenses in the current school year, the following statement must be included. "This suspension may result in your child exceeding the allowable unexcused absences under State Board of Education Rule 6A- 1.0442, and requires the student to enter into an attendance agreement and abide by its conditions, or be in jeopardy of the principal recommending suspension of the student's Florida Driver's License. In the event the student does not have a current Florida Driver's License, failure to enter into and comply with the attendance agreement could result in the withholding of eligibility statements should the student seek to obtain a license. As the parent or guardian, you are invited to schedule a conference with me at your earliest _) convenience to discuss this action." 3. The Superintendent may authorize the extension of the suspension of a student from school for more than (10) school days, as provided in the subsection (b) above, upon the written recommendation of the principal; provided that the parent or guardian of the suspended student is notified by certified mail of. the principal's recommendation of an additional thirty (30) school days suspension. If requested by the parent within five calendar days of receiving the letter of proposed suspension, a hearing must be granted to the student by the Superintendent's review committee. The review committee shall make a recommendation to the Superintendent. If the Superintendent concurs, an additional suspension of 30 school days may be made. Such suspension may be terminated prior to the expiration of the additional 30 school days, if so recommended by the principal. When a student has been' suspended for an additional thirty (30) school days, the parent or guardian shall be notified in writing of such additional suspension. 5.18 4. Students suspended for additional days beyond the initial ten day suspension will be in violation of State Board of Education Rule 6A-1.0442 and the principal shall initiate appropriate action to recommend the suspension of the student's driver's license provided the student has a license and is under the age of eighteen years. 5. The principal or the designated representative shall include an analysis of suspensions and expulsions in the annual report of school progress. 13. Student expulsion: Expulsion is the removal of the right of and the obligation of a student to attend the Palm Beach public schools in conformance with Section 228.041 (26), Florida Statute. a. The Superintendent shall establish procedures which authorize the principal to provide the Superintendent with a written recommendation for the expulsion of a student where expulsion is justified to ensure the safety of the student involved, to ensure the safety of other students and staff, and to protect the students, the staff, volunteers and chaperons from assault and disruption. b. Only the Board can make a decision to expel a student from school. c. The Superintendent shall initiate appropriate action to reco~m~end the suspension of the driver's license of students under the age of eighteen years that have been expelled by the Board. Authority: 230.22 (1) (2), 230.23 (6) (c) (d) (8), FS 232.26 (1) (a), 232.27, FS 71-826, 71-828 Laws of Florida 322.05, 322.0601, 322.16, 232.165, FS; 6A-1.0442 (FAC) Special Acts, 1971 History: New: 1/3/73 Revised: 4/6/83 Revised: 1/8/85 Revised: 4/25/88 Revised: 10/18/89 5.181 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~¢~ SUBJECT: AGENDA ITEM # ~' D. - MEETING OF SEPTEMBER 3, 1996 RATIFICATION OF SCRWTD BOARD ACTION DATE: AUGUST 30, 1996 This is before the Commission to ratify action taken by the South Central Regional Wastewater Treatment and Disposal Board at its emergency meeting of August 29, 1996. The Board voted to enter into contract with Centerline Utilities Contracting Corporation for installation of approximately 1,900 lineal feet of 30" DIP reuse water line through The Isles at Hunter's Run on an emergency basis in the amount of $100,429 minus any cost in Centerline Utilities' bid for sales tax and subject to legal review by Board Attorney and obtaining easements. Recommend ratification of the action taken by the South County Regional Wastewater Treatment and Disposal Board on August 29, 1996. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF AUGUST 29, 1996 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on August 29, 1996, by a vote of 8-0, approve Authorization to Enter into Contract with Centerline Utilities Contracting Corp. to Install Approximately 1,900 Lineal Feet of 30 Inch DIP Reuse Water Line through the Isles at Hunter's Run on an Emergency Basis for a Price of ~ 100,429. O0 Minus any cost in Centerline Utilities' Bid for Sales Tax and Subject to Legal Review by Board Attorney and Obtaining Easements. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney MEMOR~kNDIIM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~ - MEETING OF SEPTEMBER 3, 1996 RATIFICATION OF SCRWTD BOARD ACTION DATE: AUGUST 30, 1996 This is before the Commission to ratify action taken by the South Central Regional Wastewater Treatment and Disposal Board at its emergency meeting of August 29, 1996. The Board voted to expend $5,600 from sinking fund to replace demister balls, sheaves and balance impellers in odor abatement scrubbers and blowers on an emergency basis. Recommend ratification of the actions taken by the South County Regional Wastewater Treatment and Disposal Board on August 29, 1996. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF AUGUST 29, 1996 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on Au§ust 29, 1996, by a vote of 8-0, approve Authorization to Expend $5,600. from Sinking Fund to Replace Demister 8alls, Sheaves and Balance Impellers in Odor Abatement Scrubbers and 8lowers on an Emergency 8asis. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ROM: CIT SUBJECT: AGENDA ITEM # g' ~' - MEETING OF SEPTEMBER 3, 1996 RATIFICATION OF SCRWTD BOARD ACTION DATE: AUGUST 30, 1996 This is before the Commission to ratify action taken by the South Central Regional Wastewater Treatment and Disposal Board at its emergency meeting of August 29, 1996. The Board voted to obtain easement by gift or purchase from owners of Lots 209 and 210 at Pine Tree Golf Club for instal- lation of reuse water system and expending up to $5,000 per lot to obtain easement. Recommend ratification of the actions taken by the South County Regional Wastewater Treatment and Disposal Board on August 29, 1996. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF AUGUST 29, 1996 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on August 29, 1996, by a vote of 8-0, approve Authorization to Obtain Easement by Gift or Purchase from Owners of Lots #209 and #210 at Pine Tree Golf Club for Installation of Reuse Water System and Authorization to Expend up to ~5, 000. Per Lot to Obtain Easement. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ~ ~.~ - MEETING OF SEPTEMBER 3, 1996 RATIFICATION OF SCRWTD BOARD ACTION DATE: AUGUST 30, 1996 This is before the Commission to ratify action taken by the South Central Regional Wastewater Treatment and Disposal Board at its emergency meeting of August 29, 1996. The Board voted to approve to permit the Executive Director to purchase approximately 1,900 lineal feet of 30" ductile iron pipe at a price not to exceed $96,900 to be utilized for the reuse water line through The Isles of Hunters Run. Recommend ratification of the actions taken by the South County Regional Wastewater Treatment and Disposal Board on August 29, 1996. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF AUGUST 29, 1996 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on August 29, 1996, by a vote of 8-0, approve to Permit the Executive Director to Purchase Approximately 1,900 Lineal Feet of 30 inch DIP Pipe at a Price not to Exceed ~96,900. to be Utitlized for the Reuse Water Line Through the Isles of Hunters Run. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this __ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Att est: City Clerk Approved as to form: City Attorney 08/28/96 16:16 9407 243 7461 DELRAY BCH FIRE ~-- CITY/DELRAY BCH. ~001 [ITY OF DELRFi¥ BERCH DELP, AY BEACH 1,9,'~ M EM 0 RAN D U M TO: DAVID HARDEN, CITY MANAGER FROM,: R.B. REHR, FIRE CHIEF DATE: AUGUST 28, 1996 SUBJECT; AGENDA ITEM - SPECIAL POWER OF ATTORNEY E.M.S. Consultants will represent the City of Delray Beach Fire Department at requested Medicare Hearings. The Hearin,gs will be requested to try to reverse Medicare's denial of ambul0a~ce payment for certain patients transported by this department. They need a Special Power of Attorney to proceed with these requests. E.M.S. Consultants are the Vendor for the Billing Software we use. They have experience handling these hearings. Thc City Attorney's Office has prepared the Special Power of Attorney. Fire Chief '08/28/96 16:17 '~407 243 7461 DELRA¥ BCH FIRE ..-.-. CITY/DELRA¥ BCH. ~003 CITY OF DELRI:IY BERI:H DELRAY BEACH Ali. America City MEMORANDUM 1993 TO: DAVID HARDEN, CITY MANAGER FROMj R.B. REHR, FIRE CHIEF DATE: AUGUST 28, 1996 SUBJECT: AGENDA ITEM - SPECIAL POWER OF ATTORNEY E.M.S. Consultants will represent the City of Delray Beach Fire Department at requested Medicare Heatings. The Hearings will be requested to try to reverse Medicare's denial of ambulance payment for certain patients transported by this department. They need a Special Power of Attorney to proceed with these requests. E.M.S. Consultants are the Vendor for the Billing Sof~ware we use. They have experience handling these heatings. The City Attorney's O~ce has prepared the Special Power of Attorney. Fire Chief FIR[ [i)EP.&RSM~I'~7 HEADC, UARTERS. 50! WES-[ ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 S~.~['~ ~ ~)~ .... ~- ..... · F/',X 407/243-7461 Agenda Item-No.: d/r' AGENDA REQUEST Date: August 28, 1996 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: Sept. 3~'1996 Description of item (who, what, where, how much): To A~ant Special Power of Attorney for Richard A. Tibbets of EMS Consultants to represent the Delra¥ Beach Fire Department at Medicare hearings. This has already been presented to.the City Attorney's office for approval. (Example: .Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/"RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Request approval of the Special Power of Attorney status. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55).~ ~ff~ ~~ Department Head Signature: .... , City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved £1TY OF I)ELAIIY BEA£H CiTY ATTORNEY'S OFFICE TELEPHONE 407/243-7823 ° FACSIMILE 407/243-7816 ~ POLICE LEGAL ADVISOR Ali.America City i®TO David Harden, City Manager 1993 FROM: Eric Hightower, Police Legal Advisor DATE: August 29, 1996 SUBJECT: School Board Agreement Enclosed for your review and placement on the consent agenda are three (3) copies of the agreement regarding the placement of a Delray Beach Police Officer at the Carver Full Service Center. This agreement is the same as the prior six (6) month agreement and contains all the same protections as the prior agreement pursuant to Paragraph 1 of the agreement. When the agreement has been fully executed please direct the City Clerk to forward two (2) original copies to the School Board Police Chief, and one copy for my files. Feel free to contact me if I can be of further assistance in this matter. EDH:Ibg ,Z~/~ xc: Susan Ruby, City Attorney Enclosure Printed on R~cyc/ed Paper AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH, FLORIDA WHEREAS, the Delray Full Service Center is comprised of many community service programs; and WHEREAS, many of these programs provide services beyond the scope of the School District's kindergarten through twelfth grade (K-12) responsibilities; and WHEREAS, many of these programs provide specific services to non- student residents of the City of Delray Beach; and WHEREAS, the City of Delray Beach has expressed a desire to provide police protection to the Delray Full Service Center at a reduced rate. NOW, THEREFORE, IT IS HEREBY mutually agreed between the School Board of Palm Beach County, Florida, hereinafter referred to as the "School Board" and the City of Delray Beach, Florida, hereinafter referred to as "Delray" as follows: 1.) The School Board shall provide $2,250 per month to Delray for services of a Delray Police Officer at the Delray Full Service Center from July 1, 1996 through June 30, 1997. Delray Police Officers shall remain employees of Delray, and shall not be employees of the School Board. Delray agrees to assume responsibility for the acts, omissions, or conduct of its employees subject to the provisions of Section 768.28, Florida Statutes, where applicable. 2.) The School Board shall provide acc.ess to an air conditioned and lighted private office with a desk, chair, locking file cabinet, and a telephone which may be used for general business purposes only. All other equipment needs, benefits, overtime compensation, and any other responsibilities under Federal and State law, including Workers Compensation, will be the responsibility of Delray, and will De provided by Delray for the Delray Police Officer. 3.) Delray shall provide a list of Delray Police Officers and resumes to the Chief of Palm Beach County School District Police so that potential candidates may be selected for an interview for the Police Officer position and alternate position at the Delray Full Service Center. 4.) The Interview Committee shall be comprised of the following School Board personnel: A. Area 1 Superintendent B. Principal of Delray Full Service Center C. Chief of Palm Beach County School District Police D. Area Supervisor of Palm Beach County School District Police. 5.) The Principal shall set the hours of the Delray Police Officer. 6.) Delray shall immediately notify the Principal and the School Police Department whenever the Delray Police Officer leaves the school campus. If the Delray Police Officer is absent due to illness, annual leave, etc., the alternative Delray Police Officer shall cover the assigned duty. 7.) Delray shall immediately provide copies of all incident reports, Field Interrogation Reports, information reports, etc., taken on the campus of Delray Full Service Center to the School Police Department. 8) The Delray Police Officer shall abide by School Board Policies, when not in conflict with Delray Police policies, and shall consult with the coordinate activities through the School Principal and the School Police Department, but shall be responsive to the chain of command of Delray relating to all matters of employment. No program may be enacted in the school without permission of the Principal. 9.) The Delray Police Officer is not a school disciplinarian. If the Principal believes an incident is a law violation, she shall contact the Delray Police Officer who shall then determine whether law enforcement action is appropriate. The Delray Police Officer shall maintain high visibility on campus. 10.) The Deiray Police Officer will, whenever possible, attend meetings of the Delray Full Service Center's parent and faculty groups to solicit their support and to promote awareness of law enforcement functions. 11.) The Delray Police Officer will, whenever possible, make himself/herself available for conferences with students, parents, and faculty members to assist them with problems of a law enforcement or crime prevention nature. 12.) The Delray Police Officer will be familiar with all community agencies which offer assistance to the community so that referrals may be made when appropriate. 13.) The Delray Police Officer, the Principal, and the School Police Department shall confer when appropriate to develop plans and strategies to prevent and/or minimize dangerous situations on or near the campus or involving students at school related activities. 14.) Should it become necessary to conduct formal police interviews on Delray Full Service Center campus with students or staff, the Delray Police personnel shall abide by School Board Policy, Delray Police Policy, and legal requirements regarding such interviews. 15.) The Delray Police Officer shall take law enforcement action as necessary. As soon as practicable, the Delray Police Officer shall notify the Principal and the School Police Department about any law enforcement action undertaken on or near the Delray Full Service Center campus. At the Principal's request, the Delray Police Officer shall take appropriate law enforcement action against intruders and unwanted guests who may appear at the school and related school functions, to the extent that the Delray Police Officer may do so under the authority of law. Whenever practicable, the Delray Police Officer shall advise the Principal before requesting additional police assistance on campus. 16.) The Delray Police Officer will, whenever possible, participate in and/or attend school functions. 17.) The Delray Police Officer shall be in full uniform while performing all duties at the Delray Full Service Center. 18.) In the event the Principal of the school has reasonable belief that the Delray Police Officer is not effectively performing his or his duties and responsibilities, the Principal shall recommend to the Chief of School Police that the Delray Police Officer be removed from the program at her school, and shall state the reason(s) thereof in writing. Within a reasonable time after receiving the recommendation from the Principal, the Chief of School Police shall advise the Delray Chief of Police of the Principal's request. If the Delray Chief of Police so desires, the Chief of School Police and the Delray Chief of Police shall meet with the Delray Police Officer to mediate or resolve any problems which may exist. At such meeting, specified member& of the school staff may be required to be present. If within a reasonable amount of time after commencement of such mediation the problem cannot be resolved or mediated to the satisfaction of the Principal, or in the event mediation is not sought by the Delray Chief of Police, then the Delray Police Officer shall be removed from the school and a replacement shall be obtained. 19.) This Agreement shall remain in effect from July 1, 1996, through June 30, 1997, unless terminated sooner pursuant to Paragraph 20 of this Agreement. 20.) Either party may terminate this Agreement without cause on thirty (30) days notice, in writing, to the other party. 21.) This instrument contains the entire Agreement between the parties, and no statement, promise, or inducements made by either party or agent of either party this is not contained in this written Agreement shall be valid or binding. This Agreement may not be enlarged, modified, or altered except in writing, sighed by the parties and endorsed hereon. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year above first written. PALM BEACH COUNTY SCHOOL BOARD Chairman CITY OF DELRAY BEACH, FLORIDA By: Mayor Jay Alperin Attest: City Clerk Approved as ,o Form and A Fo~ Legal Sufficiency: ~ay Beach }neral Counsel - School Board ~T~AGRE 4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~ 9' ~' - MEETING OF SEPTEMBER 3, 1996 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: AUGUST 30, 1996 Attached is the Report of Appealable Land Use Items for the period August 19 through August 30, 1996. It informs the Commis- sion of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of appealable actions for the period stated; receive and file the report as appropriate. TO: DAVID T. HARDEN, CITY MANAGER DIANE DOMINGUEZ, DIRECTOIP, DEPARTMENT OF PLANNING A NING FROM: /JASMIN ALLEN, PLANNER SUBJECT: MEETING OF SEPTEMBER 3, 1996 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS AUGUST 19, 1996 THRU AUGUST 30, 1996 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of August 19, 1996 through August30, 1996. 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 September 3, 1996 Page 2 A. Approved with conditions on a 7 to 0 vote, a modification of a conditional use to allow the establishment of a convenience store at the Ike's Luxury Auto Service (BP Gasoline Station), located at the northeast corner of S.E. 6th Avenue (Northbound Federal Highway) and S.E. 2nd Street. B. Approved with conditions on a 6 to 0 vote (Bonardi left the meeting), a modification of a conditional use to allow the demolition of an existing gasoline station and service repair facility and reconstruction of a gasoline station with convenience store and deli/sandwich shop for Shell Oil Gasoline Station, located at the southeast corner of Atlantic Avenue and Congress Avenue. C. Determined on a 6 to 0 vote, that a car rental agency is not similar to the permitted uses allowed within the CBD (Central Business District). There were no other appealable items. The following items which were considered by the Board will be forwarded to the City Commission for final action. · Recommended approval (7 to 0), of the abandonment of N.W. 27th Avenue, and a portion of N.W. 2nd Street lying north of Atlantic Avenue west of the Breezy Ridge Estates Subdivision. · Recommended approval (7 to 0), of the request to modify the SAD (Special Activities District) for Lavers North to incorporate the existing temporary reception buildings as a part of the approved site plan of record. · Recommended approval (6 to 0), of the 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 District) for the Levy Property, located at the southeast corner of South Federal Highway and Fladell's Way (Avenue F). · Recommended approval (6 to 0) of the Future Land Use Map amendment from County HR-8 (High Density Residential 8 units per acre) to City Medium Density Residential 5-12 units per acre and annexation with initial zoning of RM-8 (Medium Density Residential 8 units per acre) for the Carusillo & Evans Property, located on the west side of Military Trail, approximately 1,400 feet south of Atlantic Avenue. City Commission Documentation Appealable Items Meeting of September 3, 1996 Page 3 · Recommended on a 6 to 0 vote, the adoption of Comprehensive Plan Amendment 96-'IB for Silver Terrace and Hardrives. Other Non-Appealable Items: · Approved (6 to 0), the Planning and Zoning Department Work Program (FY96-97 & FY97-98). 1. Approved (6 to 0), a request to change the location and architectural elevation of the water tower at Ocean City Lumber, located on the east side of N.E. 2nd Avenue, between Atlantic Avenue and N.E. 1st Street. 2. Approved with conditions (6 to 0), requests for a color change and the addition of an awning at Delray Drapery, an existing commercial building located on the west side of North Federal Highway, south of Gulfstream Boulevard. 3. Approved (6 to 0), a request for a color change for Russell Chiropractic, located at the northeast corner of North Federal Highway and Lake Avenue North. 4. Approved with conditions (5 to 1, Charles Toth dissenting), a minor site plan modification, for the Lien Nguyen Industrial Building (formerly the HRS Building), located on the east side of Wallace Drive, north of Linton Boulevard. The landscape plan and architectural elevation changes were approved on a 6 to 0 vote. Concurrently, the Board approved a request to waive the requirement to install the sidewalk along Wallace Drive and S.W. 10th Avenue. 5. Approved with conditions (6 to 0), a request for business signs for Eckerd Drugs as a part of the master sign program at The Plaza at Delray (formerly Delray Mall), located at the northwest corner of South Federal Highway and Linton Boulevard. 5. Approved with conditions (6 to 0, Sheremeta stepped down), the business signs for Party City and Home Place as a partofthe City Commission Documentation Appealable Items Meeting of September 3, 1996 Page 4 master sign program for The Plaza at Delray (formerly Delray Mall), located at the northeast corner of Linton Boulevard and South Federal Highway. The business sign for Regal Theatres was tabled. 6. Approved (7 to 0), the landscape plan and architectural elevation for Delray Lakes, a proposed 160 lot single family subdivision located at the northeast corner of Lake Ida Road and 1-95. The master development plan was approved by the Planning and Zoning Board on February 26, 1996. 7. Approved (4 to 3, Andrews, Carter and Little dissenting), a request for a color change to an existing commercial building Angel Street Enterprises, Inc., located on the west side of North Federal Highway, north of N.E. 14th Street. 8. Approved (7 to 0), the site plan, landscape plan and architectural elevation plan for Garden Court, a proposed four unit townhouse located on the east side of N.E. 7th Avenue, between N.E. 6th Street and N.E. 7th Street. Concurrently, the Board approved a request to reduce the right-of-way from 60' to 40' for N.E. 7th Avenue. 9. Approved (7 to 0), the site plan, landscape plan and architectural elevation plan associated with the construction of a 21,528 sq. ft. appliance wholesale center for the House of Appliances, located at the southeast corner of Congress Avenue and Fountain's Way within the Delray Park of Commerce (northeast corner of Congress Avenue and Lake Ida Road). Concurrently, by special action, the Board approved the orientation of the overhead doom towards N.W. 17th Avenue (the internal roadway). X. Approved (5 to 0), a request for a Certificate of Appropriateness associated with a change in the facade (installation of new windows and doom) for a contributing single family residence located at 275 North Swinton Avenue. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CITY COMMISSION MEETING OF SEPTEMBER ,3, 1996 L-30 CANAL _J LAKE IDA ROAD '' -~'"l~"'T~_J'l-'/ ATLANTIC AVENUE LOWSON BOULEVARD m o LINTON BOULEVARD -r- z L-3B CANAL C-15 CANAL c,w LlU,TS S.P.R.A.B.: P. &: Z.: 1. - OCEAN CI'Pf LUMBER A. - IKE'S LUXURY AUTO SERVICE 2. - DELRAY DRAPERY B. - SHELL OIL GASOLINE STATION I MILE (ATLANTIC AVE. & CONGRESS AVE.) I 5. - RUSSELL CHIROPRACTIC I I I 4. - LIEN NGUYEN INDUSTRIAL BUILDING SCALE (FORMERLY THE H,R.S. BUILDING) 5. - THE PLAZA AT DELRAY H.P.B.: (FORMERLY DELRAY MALL) KI I~1 6. - DELRAY LAKES X, - 275 N, SWlNTON AVENUE ~ 7. - ANGEL STREET ENTERPRISES. INC. 8. - GARDEN COURT Clef OF DELRAY BEACH. FL PLANNING DEPARTMENT 9. -- HOUSE OF APPLIANCES -- DI~'IT,41. BASE MAP SYSTEM -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # f K' - MEETING OF SEPTEMBER 3, 1996 AWARD OF BIDS AND CONTRACTS DATE: AUGUST 30, 1996 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Purchase to Alco Engineering Division for replacement cylinder units and parts to rehabilitate the Pneumatic Cylinder System located at the Water Treatment Plant, in the amount of $14,063.40 from 442-5178-536-46.90. 2. Bid award to Photoline Supplies for various photographic supplies via City of Boca Raton bid, at an estimated annual cost of $19,150 from various departmental operating budgets (#34.70). 3. Bid Award to Hardrives of Delray, Inc. for the Merritt Park project; consisting of removal of existing roadway, reloca- tion of signs and fencing to facilitate construction of a 1400 square yard parking area, landscaping, design/build irrigation system, curbing, sidewalk construction, basket- ball goals, and chain link fencing and gates, in the amount of $54,616.70 from 334-4120-572-63.10. Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: August 27, 1997 xx Regular Agenda __Special Agenda __Workshop Agenda When: September 3, 1996 Description of agenda item (who, what, where, how much): Award Purchase - for replacement Cylinder Units and parts to rehabilitate the Pneumatic Cylinder System located at the Water Treatment Plant for a total cost of $14,063.40. ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award Purchase of the pneumatic cylinder system and parts to Alco Engineering Division at a total cost of $14,063.40. Funding from account code //442-5178-536-46.90 ~-~f -'~ ~., ..... Departme Hca 'g : ~l,.~ _'~ ~'"~,,tal~) Determination of Consistency witlt~%mprehensive Plan: City Attomey Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~0 Funding alternatives: /I/[/[ . .~ __ (if applicable) Account No. & Description:t4'~-5'77~ ~6~ ~.9~bot/<~ ~ o7~-~_ Account Balance: ~ [~ ~7. ~ City Manager Review: Approved for agenda: (~/NO ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager THROUGH: Joseph Saffo~~inance Director FROM: K. Butler, Buyer ~ DATE: August 27, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 3, 1996 - PURCHASE AWARD - REPLACEMENT CYLINDER UNITS AND PARTS TO REHABILITATE PNEUMATIC CYLINDER SYSTEM Item Before Commission: The City Commission is requested to approved the purchase of replacement Cylinder Units and parts to rehabilitate the Pneumatic Cylinder System located at the Water Treatment Plant for a total cost of $14,063.40. Background: The parts in system are not interchangeable and no comparable system exists. The Environmental Services Director, recommends award to Alco Engineering Division for the purchase of replacement cylinder units and parts per attached memo dated August 23, 1996. Recommendation: Staff recommends the purchase award of the pneumatic cylinder system and parts to rehabilitate the remaining units to Alco Engineering Division at a total cost of $14,063.40. Funding from account code #442-5178-536-46.90. Attachments: Memo From ESD Director Dated August 23, 1996 Letter From Alco Engineering Division Dated August 20, 1996 cc: William Greenwood, ESD Director Bob Bullard, Supt. of Maintenance Don Haley, Supt. of Water Treatment Plant MEMORANDUM TO: Kathy Butler, Buyer FROM: William H. Greenwood, ESD Director SUBJECT: REPAIR/REPLACEMENT OF EXISTING PNEUMATIC CYLINDER/WATER WATER TREATMENT PLANT DATE: August 23, 1996 Attached is a list of items necessary to rehabilitate the pneumatic cylinder system (Basic In Flow) at the Water Treatment Plant. This list contains components for three complete replacement cylinder units and parts to rehabilitate the remaining units. There are approximately 60 cylinders in the system which control all of the valves within the Water Treatment Plant. The parts in system are not interchangeable and no comparable system exists; therefore, this is a sole source acquisition. Attached is a letter from Alco Engineering Division which supports this statement. Please prepare the necessary documentation to place this item on the next regular City Commission meeting agenda. WHG:cl cc: Bob Bullard Don Haley Attachments Alco Engineering Div'. , of Thielsch Engineering, J 36 Fra/wes Avenue Cranston, RJ 029J 0 800-325-1142 From: Gail Amatore Fax Cover Sheet fax # 40.1-785-4250 Company : CITY OF DELRAY BEACH- Maintenanc Division To : Mr. Milton Willingham Date: August 20, 1996 ~ubiects: DEAR MR. WILLINGHAM, IN REGARDS TO YOUR CONCERN OF PURCHASING BIF SPARE/REPLACEMENT PARTS, PLEASE NOTE THE FOLLOWING; AS OF JANUARY 1, 1995 ALCO ENGINEERING HAS ACQUIRED FROM TIlE ) LEEDS & NORTt.IRUP COMPANY Unit of General Signal, THE BIF WORLD WIDE PARTS BUSINESS. ALCO HAS APPROXIMATELY 31 REPRESENTATIVE NATIONWIDE REPRESENTING ALCO/BIF PARTS. OUR REP IN YOUR AREA WOULD BE THE: TSC CORP., 4919 MEMORIAL HGWY., 'PAMPA, FL 33634 TEL: (813-888-5556) FAX: (813489-0777) HOWEVER; WE DO ACCEPT ORDERS DIRECT AT ALCO ENGINEERING BY EITHER PHONING OUR TOLL-FREE NUMBER LISTED ABOVE OK FAXING YOUR REQUESTS DIRECT TO ALCO, IF YOU HAVE ANY FURTHER QUESTIONS, PLEASE FEEL FREE TO CONTACT THIS OFFICE FOR ASSISTANCE. DAIL AMATOKE, PARTS DEPT. MANAGER ) ..... Yo.r source.for BIF ~are Parts Sheet1 BIF Replacement ~osts @ Water Treatment Plant 8/15/96 _R_e_f Quan Des~cription P/N~ Unit Price S-Total I 6"x10" _Complete Cylinder 188680-18 $3,410.00 $ 3,410.00 3 12 O-Ring 188672-4 $ 4.05 $ 48.60 6 6 Vee-Packing 182106-6 $ 36.00 $ 216.00 16 6 Felt 200565-2 $ 3.50 $ 21.00 23 12 O-Ring 188672-11 $ 3.50 $ 42.00 25 6 Rod Wiper 188749-3 $ 2.75 $ 16.50 26 6 Vee Cup Packing 188748-3 $ 7.30 $ 43.80 27 6 Tm Arc Ring 417-0102-032 $ 2.50 $ 15.00 2 1 Uppr. Cylinder Hd. 169239 $ 418.00 $ 418.00 11 1 Bottom Cylinder Hd. 188666 $ 722.00 $ 722.00 24 6 Seal Adapter 188688-3 $ 122.45 $ 734.70 17 6 Piston Rod Gasket 122226-2 $ 4.05 $ 24.30 1 BIF 286-05 Pilot valve 159962 $3,800.00 $ 3,800.00 4 6 Spd.ng DS-46-45 $ 14.35 $ 86.10 6 6 Diaphgram V-9600-C $ 4.00 $ 24.00 8 24 Gasket V-9584-C $ 2.25 $ 54.00 12 24 Gasket V-9658-C $ 3.15 $ 75.60 13 24 Diaphgram 132886-1 $ 6.50 $ 156.00 17 24 Diaphgram 123611-2 $ 3.50 $ 84.00 18 24 Diaphgram 132886 $ 5.00 $ 120.00 19 24 Diaphgram 123611 $ 3.15 $ 75.60 22 6 O-Ring 188672-56 $ 6.70 $ 40.20 23 6 Odfice V-9585-C $ 29.70 $ 178.20 24 24 Gasket V-9598-C $ 3.15 $ 75.60 25 2 Power Booster 158549 $ 181.20 $ 362.40 1 3/16" Complete Pilot Valve 194378 $1,340.00 $ 1,340.00 12 24 Diaphgrams 194360-2 $ 2.85 $ 68.40 13 24 Diaphgrams 194359 $ 4.50 $ 108.00 14 24 Diaphgrams 194360-1 $ 2.80 $ 67.20 29 6 Drain Valve Seat 3/16 194365 $ 73.00 $ 438.00 30 6 Supply Valve Seat 3/16 194366 $ 61.00 $ 366.00 31 6 Supply Valve Plug 3/16 194383 $ 43.00 $ 258.00 32 6 Valve Stem 194351 $ 16.60 $ 99.60 34 6 Supply Valve Plug 3/16 194382 $ 43.00 $ 258.00 35 6 Input Stem 194356 $ 36.10 i $ 216.60 Grand Total $14,063.40 Page I z~. ~. ! ; ..... .:- _=:- -.. ~ , I _-. AGENDA REQUEST Date: August 27~ 1996 Request to be placed on:. X Regular Agenda Special Agenda Workshop Agenda When: September 03, 1996 Description of agenda item (who, what, where, how much): Bid Renewal- One year renewal with Photoline Supplies, for purchase of photographic supplies~ via the City of Boca Raton Bid #95-071 at an estimated annual usage of $19.150.30 O~INANCE/ ~SOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: One year renewal with Ph0toline Supplies at an est~mmted ann,,m] cost of $19,150.90 via the City of Boca Raton Bid #qS-O71. Funding from various department's operating budget. This is a fiscal year 96-97 budget pepartment Head Signature: ~- ~~/// Dete~i~tion of Consistency wi~h~6mprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~ NO Funding alternatives: ._ ~ ~ ~ ,_ ;_^~.'~.~(if.~ppl~b~)~/~, Account No. & Descxiptipn: .Account Balance: City Manager Review: Approved for agendaj ~/ NO ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Ro~or Buyer ~ THROUGH: Joseph Saffor~nce Directo~ DATE: August 27, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING SEPTEMBER 03, 1996 - BID RENEWAL #95-071 PHOTOGRAPHIC SUPPLIES - CITY OF BOCA RATON BID Item Before Commission: The City Commission is requested to approve the one year renewal with Photoline Supplies for the purchase of various photographic supplies at an estimated annual cost of $19,150.30. Background: The City of Boca Raton is the lead agency for this joint bid with the City of Delray Beach. This bid was awarded in 1995 to Photoline Supplies per attached City of Delray Agenda dated September, 1995. The vendor has agreed to a one year renewal per attached letter dated April 04, 1996. Per attached facsimile transmittal dated August 16, 1996, the City of Boca Raton Council renewed the contract with Photoline Supplies for an additional year. Recommendation: Staff recommends the one year renewal with Photoline Supplies at an estimated annual cost of $19,150.30. Funding from various department's operating budget. Attachments: Memo Dated April 04, 1996, From City Of Boca Raton City of Boca Raton Council Agenda Dated August 13, 1996 City of Delray Beach Commission Agenda Dated September 12, 1995 cc: Department Heads APR:09-'96 TUE 09:44 ID:CITY OF BOCA RATON FAX N0:407-595-7985 ~157 P~2 APR 85 '~J6 10:16 ' P.3 April 4, lq~)6 Phol~line Supl)lic ~ 6468 E. Rn~exs £'Jrcle SU~ECT: B~ Ho. ~-071, P~a~ic Desr Mr. ~ Md ~e~a~l a~ve explr~ Au~ 22. 1~. As ~cificd tn ~ bid. exi~dng co~c~ for a~er one year ~ri~ If it I~ mo~aHy aRreeable ~ ali Pi~e ~d~ by ~ills~e below, If ~ o~ yesr ex~ion 0f the current cOn~act 3t prices quoted in 7ou~ bid d-~tcd Ju~ 16, 1~ wouM ~ at:cep~ble (S~ A~chcd}, ~l;~.~e =o~lc~ a~ re.re ~s form to the ~chnsi~g Divisio. by April 12, f~xed U~t~ Ci~ I az ~um~r ~-393-7983. Burr c: Bid File .......... I ~b~ ~e ~o a ~ ~a~ ,x~ion of ~e ~u~j~et biO. ...... ! nm um >lc ~ cx~ ~ q~ prlce~ for an addi6o~l one year Sig~mre Name iPrinO Tiflc ~ . c.' hid file M E M 0 I1 A ~,l l) II N TO: David T. Harden, ACity/~Manager THROUGH: Joseph Saf~~~ce Director FROM: Jacklyn Rooney, Senior Buyer ~ DATE: September 11, 1995 SUSJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 19, 1995 - BID AWARD PHOTOGRAPHIC SUPPLIES - CITY OF F~,OC.A RAI'ON BID #95-071 Item .Before Commission: The City Commission is requested to appr~ve the award for the purchase of various photographic supplies to PI~ol;<~line Supplies, at an estimated annual cost of $19,159.30, via the C'i~y nf Boca Raton Bid #95-071. Backqround: The City of Boca Raton is the lead agency I=or 'this joint Bid with the City of Delray Beach. Bids were received on June 26, 1995, from four (4) vendors, based on estimated quantities ~f t-.his joint bid. A tabulation of bids is attached for your review. Photoline Supplies is the current vend(~r we are using from the last bid awarded ,in..1993. On August 22, 1995, the Boca Raton Cindy Co~n~c'il awarded this contract to Photoline Supplies, per attached copy of I'.[lier consent agenda. Recommendation: Staff recommends award to Photoline Supplies at an estimated annaul cost of $19,i59.30 for the City of Delrav P~each. Funding from various de~,~artment's operating budget. Attachments: City of Delray Beach Estimated Annual Usaqe Tabulation of Bids City Of Boca' Raton Consent Agenda Dated A~igust 22, 1995 cc: Department Heads Agenda Item No.:~ AGENDA REQUEST Date:August 27, 1996 Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda When: September 3, 1996 Description of item (who, what, where, how much) Project 96-31 Merrit Park Parking Area The Merrit Park Parking Area is located on SW 3rd Sweet between SW 3rd Ave. and SW 2nd Ave. The work generally consists of the removal of 800 s.y. existing roadway and relocation of existing signs and fencing to facilitate the construction of a 1400 s.y. patting area including landscaping, design/build irrigation system, pavement markings, 450 L.F. of type D curb, sidewalk construction, basketball courts, 400 L.F. of chain link fencing and gates. Funding source for this project is Account No. 3344120-572-63.10, Improvements Other/Merrit Park-Parking There were six (6) bidders for this Project. Please see attached bid tabulation. ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED: NO Recommendation: Staff recommends, ja~ffard of J~ject No. ~~P"tI~iP~g Area to Hardrives of Delray, Inc for their bid in the ami of $ .70. Department Head Signature:.~ Determination of Consistency with Comprehensive Pan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding avallablONO Funding alternatives /a/[/4 ~ fl~ applicable) Account Balance City Manager Review: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved proj ects/96-31/official/agenda, doc RECEIVED City Of Delray Beach. MEMORANDUM TO: David T. Harden, City Manager FROM: William Greenwood, Director of Evironmental Servia, DATE: August 27, 1996 SUBJECT: Merrit Park Parking Area Project No. 96-31 Enclosed is a Agenda Request and bid tabulation for the regular commission Meeting on September 3, 1996. The lowest responsive bidder is ~ardrives of Delray, Inc. with a total evaluated bid of $54,616.70. Based on the previous experience with Hardrives of Delray, Inc we are recommending award of the project to Hardrives of Delray, Inc. for the bid of $54,616.70. The funding source for this project is Account No. 334-4120-572-63.10, Improvements Other/Merrit Park Parking. Please place this item on the agenda for commission approval. enclosure cc: Joseph Safford, Finance Director Richard Hasko, P.E., Assistant City Engineer C. Danvers Beatty, P.E., City Engineer s:96-31/official/agenmemo, doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~--, SUBJECT: AGENDA ITEM # ~A - MEETING OF SEPTEMBER 3, 1996 TRANSFER JURISDICTION OF N.E. 4TH STREET BETWEEN SWINTON AVENUE AND N.E. 6TH AVENUE DATE: AUGUST 30, 1996 It was recently brought to our attention that the current widening project on NoE. 4th Street included guardrails between the curb and the trees east of Pineapple Grove Way (N.E. 2nd Avenue). When we asked the County Engineering staff to delete the guardrails from the plans, they responded that this was a County Road, and County standards required that the guardrails be installed. They would only delete the guardrails if the City would agree to accept transferring jurisdiction of this street from the County to the City. I was quite surprised to learn that NoE. 4th Street from Swinton Avenue to Federal Highway is a County Road. Since we are paying the widening cost east of Swinton, I have thought it was a City street. If this section of N.E. 4th Street remains a County road, then we could look to the County to pay the cost of future maintenance and improvements, but we would have less control over the character of any improvements. If we accept jurisdiction over this street, then we have more control over future improvements, but they would have to be done at our cost. I recommend that we accept jurisdiction if the County will reimburse us for the cost of the widening project currently under construction. Agenda Item No.__ AGENDA REOUEST Date: August 28, 1996 Request to be placed on: X Regular Agenda __ Special Agenda __Workshop Agenda When: September 3, 1996 Description of item (who, what, where, how much): Staff requests Commission to consider transferring the jurisdiction of N.E. 4th Street from Swinton Avenue to U.S. 1 (N.E. 6th Ave.). This portion of N.E. 4th Street is currently under Palm Beach County jurisdiction (see attached letter from Charles Walker). N.E. 4th Street, within the prescribed limits, is under construction as part of the Lake Ida Road widening project and is funded by the City of Delray Beach in the amount of $234,278.70. If Commission elects to take over the jurisdiction, the City will then be responsible for the operation and maintenance of the roadway and drainage system. Additionally, it will provide the City with control over the proposed improvements within the right-of-way. More specifically, a guard rail is proposed on the north and south sides, east of N.E. 2nd Avenue, to provide protection from existing trees. Taking over jurisdiction will allow the authority to delete the proposed guard rail, which is considered unsightly and unjustified. It is also possible that we seek reimbursement from the County for the $234,378.70. If Commission elects for the roadway to remain under County jurisdiction, the operation and maintenance will be provided by the County and the roadway will be constructed per County standards, which includes the proposed guardrail. If Commission desires to begin the transfer of jurisdiction, Palm Beach County has requested that a waiver of liability be provided to the County in the interim, until the transfer is complete. Recommendation: N/A 1/,,1'1 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: ~O,,~'"t- Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved RECEIVer) DEPARTMENT OF ENVIRONMENTAL SERVICES ~11~ 2 9 1996 MEMORANDUM TO: David T. Harden City Manager FROM: Dan Beatty, P~ City Engineer J~ DATE: August 28, 1996 SUBJECT: Transfer of Jurisdiction N.E. 4th Street from Swinton Ave. to U.S. 1 (N.E. 6th Ave.) Attached is an agenda request for Commission to consider transferring the jurisdiction of N.E. 4th Street from Swinton Avenue to U.S. 1 (N.E. 6th Ave.). This portion of N.E. 4th Street is currently under Palm Beach County jurisdiction (see attached letter from Charles Walker). N.E. 4th Street, within the prescribed limits, is under construction as part of the Lake Ida Road widening project and is funded by the City of Delray Beach in the amount of $234,378.70. If Commission elects to take over the jurisdiction, the City will then be responsible for the operation and maintenance of the roadway and drainage system. Additionally it will provide the City with control over the proposed improvements within the right-of-way. More specifically, a guard rail is proposed on the north and south side, east of N.E. 2nd Avenue, to provide protection from existing trees. Taking over jurisdiction will allow the authority to delete the proposed guard rail, which is considered unsightly and unjustified. It is also possible that we seek reimbursement from the County for the $234,378.70. If Commission elects for the roadway to remain under County jurisdiction, the operation and maintenance will be provided by the County and the roadway will be constructed per County standards, which includes the proposed guardrail. If Commission desires to begin the transfer of jurisdiction, Palm Beach County has requested that a waiver of liability be provided to the County in the interim, until the transfer is complete. Please place this item on the September 3, 1996 Commission meeting for discussion/direction. DB:mm cc: William H. Greenwood, Director of Environmental Services File: Project No. 91-003 (A) S:engine\projects\91-03.2\letters\trans828.doc County Commissioners ,,~ Ralph Hayden, City Engineer -~ ..... ,~' County Adminislxator _n T. Marcus, Chair Please look into this and advise. Robert Weisman _arole Phillips, Vice Chair Carol A. Roberts sk for DTH ~'i'~¥1P'0~H'F~T'~i o~ep.ak, ltggent of Engineering CaroIMary McCarty J' Elmquist / 0//6//~ ~" ~2 0C T l ~ ~",, ~;a~a~blic Works Maude Ford Lee ir~ ~ ~ October 7, 199Z David T. Hardin, City Manager City of Delray Beach C'ITY ~.~N~o.r..o,q OI:FIC~ 100 N.W. First Avenue Del ray Beach, FL 33444 RE: COUNTY MAINTAINED ROADS NITHIN THE CITY OF DELRAY BEACH Dear Mr. Hardin: On `june 2, 1992 the Board of County Commissioners (BOCC) passed Resolution No. 92-800 (attached) to clarify 3urisdiction and maintenance responsibility for roadways within municipalities. On ,July 28, 199~, the "First Amendment to the Intergovernmental Agreement between the Board of County Commissioners of Palm Beach County and the City of Delray Beach, Florida, Whereby Palm Beach County will Provide Certain Traffic Engineering Services to th~ C~ty", was ~x~cuted. The wesu]t of these two documents Js that Palm Beach County maintains and has traffic control jurisdiction only over ~oads listed Jn the Ou]y 28, 1992 Agreement. These road names are listed below. ROAD LIMITS 1) Linton Boulevard Within City Limits 2) Congress Avenue Within City Limits 3) Lake Ida Road/N.E. 4th Street West City Limits to U.S. 1 (N.E. 6th Avenue) 4) Barwick Road Within City Limits 5) Old Dixi~ ,,.~..,..~u~h,,,~,, Linton Boulevard to South City Limits 6) Military Trail Within City Limits 7) N.E. 8th Street Intracoastal Bridge ~The following roadways appear on our County Road Maintenance List within the City of Delray Beach and are not consistent with Resolution 92-800. They. will. be .removed' from our Maintenance List. "An Equal Opportunity - Affirmative Action Employer" Box 21229 West' Palm Beach, Florida 33416-1229 (407) 684-4000 David Hardin City of Delray Beach October 9, 1992 Page Two 1) 2nd Avenue SE t~ SW 10 St S 664 Feet 2} 4th Avenue SW Linton Blvd N to SW 10 St 3) 6th Avenue NW- NW 11th Street N to end 4) 9th Avenue ~ Bond Way N to Denery 5} lOth Avenue NE~--~x 8th Street NE N to City Limits 6) 11th Street NW ~ \ Lake Drive E to Swinton Ave 7) Andrews Avenue Ext ~ Atlantic Avenue N to Pelican 8) Avenue L · ) Dixie'Hwy E to Federal Hwy 9) Brooks Lane ~ ~ A-1-A W to Dead End 10) Frederick Blvd ~ Avenue L N to Avenue F 11) La Mat Avenue x' Old Dixie Hwy E to Federal Hwy 12) La Mat Avenue i Federal Hwy E to Frederick Blvd L-32 Canal N to Lake Ida Road -~'A-~~' 13) Lawrence Road 14} Palm TrZNL!_Qth Ave4 NE 8th Street N to City Limit ~f~5-)-~Pe'~d~-Place~-~-~_ Brandon Drive N 135 Feet If you feel this matter requires further discussion, please contact me. Your cooperation in this matter is appreciated. Sincerely, OFFICE OF THE COUNTY ENGINEER Charles R. Walker, Jr., P.E. Act~~s~nt?, County Engineer C RWY. J RW: ~DD :gAT: emg Attachment: Resolution No. 92-800 pc: John Carroll, P.E. - Director, Roadway Production Division James Snelgrove Director, Road and Bridge Division George T. Webb, P.E. - County Engineer File: Municipalities - City of Delray Beach H:\traffic\jat\delray.cmr MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER ~ROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT i~ ROM: NANCY DAVILA, HORTICULTURIST ~,[ CITY COMMISSION AGENDA ITEM FDOT MAINTENANCE AGREEMENTS FOR NORTH FEDERAL HIGHWAY DATE: AUGUST 28, 1996 ITEM BEFORE THE COMMISSION The item before the Commission is consideration of the approval of the Maintenance Memorandum of Agreement with the Florida Department of Transportation in connection with the reconstruction of North Federal Highway and attendant landscaping. BACKGROUND North Federal Highway is scheduled to be reconstructed by the Florida Department of Transportation. As part of the work, FDOT will install the irrigation and landscaping per the plans designed by the City's consultant, Gee & Jenson. Although we have a maintenance agreement currently in effect for that area, this is specific to the future improvements, and FDOT felt a new agreement was needed. RECOMMENDAT I ON Recommend approval of Resolution #68-96 authorizing the Mayor to enter into a Highway Beautification Grant and Memorandum of Agreement with the State of Florida Department of Transporation for State Road 5 (U.S. #1) from Bond Way north to Gulfstream Boulevard. RESOLUTION NO. 68-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO A HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR STATE ROAD 5 (U.S. #1) FROM BOND WAY NORTH TO GULFSTREAM BOULEVARD. WHEREAS, the State of Florida Department of Transportation proposes to reconstruct a part of State Road 5 (U.S. #1); and WHEREAS, as part of the project, the State of Florida Department of Transportation will install or cause to be installed landscaping, irrigation, and paver bricks on the highway facilities in accordance with specified plans and specifications; and WHEREAS, the City of Delray Beach agrees to maintain the landscaping within the medians and areas outside the travel way to the right-of-way line, excluding sidewalk, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting, following the State of Florida Department of Transportation's landscape safety and plant care guidelines; and WHEREAS, the State of Florida Department of Transportation and the City of Delray Beach recognize the need for entering into an agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1: That the Mayor of the City of Delray Beach, Florida, is hereby authorized to enter into the Highway Beautification Grant and Maintenance Memorandum of Agreement between the City of Delray Beach and the State of Florida Department of Transportation for FDOT Project #93010-6505, State Road 5 (U.S. #1) from Bond Way north to Gulfstream Boulevard. Section 2: That a certified copy of this resolution shall be forwarded to the State of Florida Department of Transportation along with the executed agreement. PASSED AND ADOPTED in regular session on this 3rd day of September, 1996. ~/~x~°~ ATTEST: City Cle~k~ - -2- Res. No. 68-96 DISTRICT FOUR (4) HIGHWAY BEAUTIFICATION GRANT AND MAI1NITENANCE MEMORANDUM OF AGREEMENT DSF-MAINTENANCE THIS AGREEMENT, made and entered into this __ day of 19__, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and the CITY OF DELRAY BEACH, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "AGENCY". WITNESSETH: WflEREAS,as part of the continual updating of the State of Florida Highway System, the Department, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain a(Four)4 . .. lane highway facility as described in Exhibit "A" attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facilities that contain landscape medians and areas outside the travel way to the right of way line, excluding sidewalk, shall be maintained by periodic tfinuning, cutting, mowing, fertilizing, litter pick-up and necessary replanting; and WHEREAS,the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No.__ dated ., 1 9 , attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The DEPARTMENT hereby agrees to install or cause to be installed landscaping, irrigation, and paver bricks on the highway facilities as specified in plans and specifications hereinafter referred to as the Project; and incorporated herein as Exhibit "B" 2. The AGENCY, agrees to maintain the landscaping within the medians and areas outside the travel way to the right of way line, excluding sidewalk, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting, following the Department's landscape safety and plant care guidelines. The AGENCY's responsibility for maintenance shall include all landscape/turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median and areas outside the travel way to the fight of way line, excluding sidewalk, on Department of Transportation right-of- way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all plants and keeping them as flee as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises flee of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever ~ason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep litter removed from the median and areas outside the travel way of the right of way line, excluding sidewalk. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the Department. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the Department. 3. If at any time at~er the AGENCY has assumed the landscaping installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the Department's District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the of AGENCY, to place said AGENCY on notice thereof. Thereat~er the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the Department may at its option, proceed as follows: (a) Maintain the landscaping or a part thereof; with Department or contractor's personnel and invoice the AGENCY for expenses incurred, or (b) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and remove, by Department or contractor's personnel, all of the landscaping installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscaping covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary 2 by the Department in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the Department. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping at, er which time the Department may remove same. 5. The Department agrees to enter into a contract for the installation of landscape project for an amount not to exceed $200,000 or final bid amount as defined in Attachment "C". The Department's participation in the project cost, as described in Attachment "C" is limited to only those items which are directly related to this project. The agencies landscape architect or designee shall assist the Department in final inspection and provide written acceptance of the Project. 6. The AGENCY agrees to reimburse the Department all monies expended for the project, should the landscaped area fail to be maintained in accordance with the terms and conditions of this Agreement. 7. This Agreement may be terminated under any one of the following conditions: (a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice. Co) By the Department, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 8. The term of this Agreement commences upon execution. 9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the Department, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY's negligent performance of the work under this agreement, or due to the failure of the AGENCY to construct or maintain the Project in conformance with the standards described in Section 2 of this Agreement. 10. The AGENCY may construct additional landscaping within the limits of the rights-of-ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscaping shall be subject to approval by the Department. The AGENCY shall not change or deviate from said plans without written approval by the Department. (b) All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscaping installed; (d) No change will be made in the payment terms established under item number five (5) of this Agreement due to any increase in cost to the Department resulting from the installation of landscaping added under this item. 11. This writing embodies the entire agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 12. The Department, during any fiscal year, shall not expend money, incur and liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year. 13. The Department's District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof, and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 14. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the Department. 15. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event ora conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be 4 executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By:. By: Mayor or Chairman District Secretary Attest: .(SEAL) Attest: .(SEAL) Clerk Executive Secretary Approval as to Date Approval as to Date Form Form JOB NO.: 93010-3505 WPI NO.(s): 411R666 COUNTY: PALM BI=ACH S.R. NO.: 5 CONTRACT NO.= N/A EXHIBIT "A" PROJECT LOCATION STATE ROAD 5 (US#l) FROM BOND WAY NORTH TO GULFSTREAM BOULEVARD JOB NO.: 9301o-~R(}5 WPI NO.(s): 4118~666 COUNTY: PALM BI=ACH S.R. NO,: -~ 5 CONTRACT NO.: N/A EXHIBIT "B" The Department agrees to install the Project with a contractor in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans. 7 JOB NO.: 93010-:3505 WP/NO.(s): 4118666 COUNTY: PALM BEACH S.R. NO.: 5 CONTRACT NO.: N/A ATTACH1VIENT "C" (GENERAL) PROJECT COST This Exhibit forms an integral part of the Highway Beautification Grant Agreement between the State of Florida, Department of Transportation and the AGENCY. Dated I. PROJECT COST: $200,000 or final bid amoum C:\WPDOC'k.M~M INkDSF.MAI (mv.7/6~5) 8 MEMORAND~ TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~t~I SUBJECT: AGENDA ITEM # ~' ~' - MEETING OF SEPTEMBER 3, 1996 INFORMATION COLLECTION RULE /ICR) /CH2M HILL DATE: AUGUST 30, 1996 The Information Collection Rule (ICR) is the first phase of the Disinfectant/Disinfection By-product (D/DBP) Rule that was originally identified in the 1986 Safe Drinking Water Act Amendments, and further developed in 1993 by the Environmental Protection Agency (EPA). The ICR requires utilities to collect water quality data that will then be used to determine future disinfection by-product limits. It requires utilities to conduct pilot testing with advanced treatment processes to determine the effectiveness of these processes to remove organics and DBP precursors. The costs to the City to comply with the Rule could range from $120,000 to $175,000. Alternatives available to the City to avoid conducting the treatability study are limited because of the source water quality available in South Florida. One alternative is for the City to pay EPA $100,000 to test the processes in other areas of the country; another is for the City to perform a joint study with another utility. We have authorized CH2M Hill to proceed with the "paper" require- ments of the rule and the finished water sampling at the estimated cost of $3,000 to $6,000. We would propose to do the treatability study in fiscal 1998. In the meantime, we recommend that the Commission authorize the staff to prepare and the Mayor to sign protest letters to our congressional delegation seeking relief from this costly Federal mandate. CH2M HILL Hiflsboro Executive Center North 800 Fairway Ddve Suite 350 CH2MHILL Deerfield Beach. FL 33441-1831 Ct l t b ~ a t i n.,~ Tel 984.42631005 Fax g54.698.8010 June 27, 1996 135785.MS.01 Mr. William H. Greenwood, P.E. Director of Environmental Services DepaxLment City of Delray Beach 434 South Swinton Avenue De]ray Beach, FL Dear Bill: Subject: Information Collection Rule Requirements This letter is in response to our meeting on June 6,1996, when we reviewed the requirements of the recently promulgated Information Collection Rule (ICR) and its impacts on the City of Delray Beach (City). The ICR is the first phase of the Disinfectant/ Disinfection By-product (D/DBP) Rule that was originally identified in the 1986 Safe Drinking W;iter Act Amendments, and further developed in 1993 by the Environmental Protection Agency (EPA) through a regulatory negotiation session. It was promulgated by EPA on May 14, 1996, and utilities impacted by the rule must respond to the initial Notice of Applicability by the end of July 1996 and begin monitoring in August 1996. To our knowledge, no federal, state or local grants or funds are available to assist utilities to meet the requirements of this rule. The purpose of the ICR is to have larger utilities collect water quality data from their e.,,.isting water, treatment plant(s) to establish future disinfection by-product and organic limits in the finished water, and to recommend best available treatment technology for organic removal. The ICR will impact all utility systems that use groundwater and serve more than 50,000 people, or shrface water systems that serve more than 100,000 people. The ICR is different from typical EPA rules in several respects. EPA will serve as the primacy agency rather than the local Palm Beach County Health Unit. Therefore, all communication will be directly with EPA. The rule also doesn't establish maximum contaminant levels or treatment standards. Instead, it requires utilities to collect water quality data that will then be used to determine future disinfection by-product limits. In addition, it requires utilities to conduct pilot testing with advanced treatment processes to determine the effectiveness of these processes to remove organics and DBP precursors. As we discussed during our workshop, the City will be impacted in several ways by the new rule. The major impacts are as follows: · the City will need to provide administrative time to prepare and respond to the necessary applications, forms, and other "paper" requirements of the rule Mr. William H. Greenwood, P.E. Page 2 June 21,1996 135785aMS.01 - the City must begin sampling the finished water from the water treatment plant (WTP) for specified water quality parameters in August 1996 for a period of one year. the City must begin a 1-year bench scale treatability study to collect data on either a membrane or granular activated carbon treatment process by April 1998. _ The costs for the first two items listed above are relatively minor (i.e., $3,000 to $6,000). However, the cost of the last item will range from $120,000 to $175,000, depending upon the treatment process selected. Alternatives available to the City to avoid conducting the treatability study are limited because of the source water quality available in South Florida. One alternative is for the City to pay EPA $100,000, which will then be used in EPA's research division to test the advanced treatment processes in other areas of the country. The $100,000 payment to EPA is less than what it would cost the City to perform the study; however, the City does not gain any useful knowledge about their system if this option is selected. Another alternative is for the City to perform a joint study with another utility. The joint study allows the City to conduct a study with another utility, but no cost savings are realized because additional test requirements are associated with the joint studies. As outlined, this rule will have some significant time and cost impacts on the City; however, the City will obtain useful water quality data and relevant information on the feasibility of advanced treatment processes to remove DBP precursors from conducting the treatability study. CH2 HILL will be happy to assist you as you prepare to respond to this rule. We can help develop a sampling plan strategy that will maximize the benefits to the City, perform laboratory analysis for all parameters identified in the rule, and perform the bench-scale testing. Please call Tim Sharp or me ff you would like to discuss further. Sincerely, CH2_M I-]~L Steven R. Lavinder, P.E. Project Engineer DFB10716.DOC Enclosure c: Dick Hasko/City of Delray Beach Tim Sharp/CH2M HILL MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~. - MEETING OF SEPTEMBER 3, 1996 BID AWARD/ENVIRODYNE, INC. DATE: AUGUST 30, 1996 This is before the Commission to consider approval of a bid award in the estimated annual amount of $10,000 to Envirodyne, Inc., lowest responsible bidder, for outside laboratory services related to the testing/analysis of water and wastewater and for routine quality control checks. Previous performance by the low bidder, Broward Testing Labor- atory, has been unsatisfactory as to quality of test results, accuracy and timeliness, resulting in additional expenses being incurred by the City as a result of their errors. Recommend approval of the bid award to Envirodyne, Inc. as the lowest responsible bidder, in the estimated annual amount of $10,000 from Water Treatment and Storage - Other Contractual Services (Account No. 441-5122-536- 34.90). Agenda Item No.: AGENDA REQUEST Date: AuEust 26, 1996 Request to be placed on:, X Regular Agenda Special Agenda Workshop Agenda When: Sept. 03,1996 Description of agenda item (who, what, where~ how much): Bid Award- Award to second low bidder, Envirodyne, Inc., for Supplemental Laboratory Analysis for Water~ Wastew'ater, etc., at an estimated annual cost of $10,000. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to second low bidder, Envirodyne, Inc., at an estimated annual cost of $10.000 for Supplemental Laboratory Analysis for Water, Wastewater, anH Et~. F,,nH~n~ from account #441-5122-536-34.90. This is a fiscal year 96-97 budget Department Head Signature: etermination of Consistency wit.~~prehensive 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. & Deco.rip,ion: Account Balance: ~.~l~ (!©~(10~ ~~i~[-~ ~0~1 ~, City Manager Review: ApprovedHold Until: for agendaj Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Marden, City Manager FROM: Jacklyn Rooney,)~~nior Buyer ~ THROUGH: Joseph Saf~Hance Director DATE: August 26, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING SEPTEMBER 03, 1996 - BID AWARD #96-58 SUPPLEMENTAL LABORATORY ANALYSIS FOR WATER, WASTEWATER, ETC. ANNUAL CONTRACT Item Before Commission: The City Commission is requested to award to Envirodyne, Inc. for supplemental laboratory analysis for water, wastewater, etc., at an estimated annual cost of $10,000. Background: The Water Treatment Plant has a need for a annual contract for outside laboratory services. Bids were received from seven (7) vendors on August 20, 1996, all in accordance with Purchasing policies and procedures. (Bid #96-58. Documentation on file in the Purchasing Office). A tabulation of bids is attached for your review. The Directory of Environmental Services and Laboratory Manager of the Water Treatment Plant have reviewed the bids received and recommend award to second low bidder, Envirodyne, Inc., at a total estimated annual cost of $10,000 per attached memo dated August 23,1996. Recommendation is to award to second low bidder, as the previous performance of the low bidder (Broward Testing Laboratory) with the City has not been accurate and the City incurred extra expenses as a result of their errors. Recommendation: Staff recommends award to second low bidder, Envirodyne, Inc., at an estimated annual cost of $10,000. Funding from account 441-5122-536-34.90. Attachments: Tabulation Of Bids Memo From Laboratory Manager Dated August 23, 1996 cc: Don Maley William Greenwood TO: Jackie Rooney, Buyer FROM: n'Detenga n'Gummo, Laboratory Manager % .. r~ ~,,~..~ THRU: William H. Greenwood, Director of EnvironmentaI Services SUBJECT: AWARD OF CONTRACT FOR OUTSIDE LABORATORY SERVICES DATE: August 23, 1996 I have reviewed the bid tabulations for the award of contract for outside Laboratory Services. We spend approximately $10,000 annually on laboratory services to test for herbicides, pesticides and emergency events. We also do quality control checks at least one a quarter. The apparent low bidder, Broward Testing Laboratory, has previously performed laboratory testing services for the City. During their tenure the following events occurred: 1) They reported finding Selenium in our drinking water. Although their report was subsequently amended to correctly reflect this mistake, we incurred the expense of performing additional testing, both in-house and using the services of an independent laboratory, as a result of their error. 2) They reported finding Naphthalene in one of our wells. Again, they admitted to the error; and, we incurred the unnecessary expense. As Laboratory Manager, I know first hand how difficult it is to get accurate data from Broward Testing Laboratory in a timely manner. I also have concerns with regard to their bid response to turn around samples in 15 working days. Our spec:,fications state that the turn around time should not exceed two weeks. Based upon the foregoing, I recommend that the bid be awarded to the second low-bidder, Envirodyne, Inc. Please prepare the necessary paperwork to place this item on the agenda for consideration by the City Commission at their next regular meeting. n'G/cl cc: William H. Greenwood TABULATION OF BIDS BID #96-58 SUPPLEMENTAL LABORATORY ANALYSIS FOR WATER, WASTEWATER, ETC. August 20, 1996 ~ Broward Harbor Branch Spectrum Testing Envirodyne Environmental Laboratories, iVendor: Laboratories Inc. Laboratory Inc. Total - 1 To $ 2,888.50 5 Samples $ 1,938.30 $ 2,882.25 * 3,251.50 $ 3,119.00 For Water ~.. Total - 1 To $ 2,888.50 5 Samples $ 1,107.30 $ 2,882.25 * 3,251 50 $ 3,288.00 For Waste · Total - $ 2,765.00 ~5 Samples $ 1,938.30 $ 2,882.25 $ 3,119.00 · 3,128.00 For Water Total - $ 2,765.00 ~5 Samples $ 1,107.30 $ 2,882.25 * 3,128.00 $ 3,288.00 For Waste INormal Hourly 1Sampling Rate $ 40.00 p/hr. $ 35.00 p/hr. $ 35.00 p/hr. $ 35.00 p/hr. iPer Hour iWeekend Hourly iSampling Rate $ 60.00 p/hr. $ 52.50 p/hr. $ 65.00 p/hr. $ 70.00 p/hr. ~Per Hour iHoliday Hourly 'Sampling Rate $ 80.00 p/hr. $ 70.00 p/hr. $ 65.00 p/hr. $ 150.00 p/hr. Per Hour Comments / On any portion of Will extend same * price includes Will extend same Exceptions bid which cites pricing, terms, . the~.~nalysis of pricing, terms, 17-550, will per- and conditions to DilLOn By 1613. and conditions form the analysis other Palm Beach HBEL wil offer to other Palm using 62-550 County Govern- firm prices for Beach County methods. Pricing mental Entities. stated contract Governmental for Pesticides period. At end Entities. and PCB's does of first year period, prices not include Dioxin can be subject to Ail pricing for market reduction Primary Inorganicl and be fixed for excludes Asbestos second yr. Analytical resultl HBEL would like shall not exceed to clarify that sample pick-ups 15 business days especially for unless prior small requests arrangements are (less than $75.) made with City. will not occur Will extend same more than once a pricing, terms andl week. For small conditions to sample pick-ups other Palm Beach occurring more County Govern- frequently a service pick-up mental Entities charge may be incurred TABULATION OF BIDS BID #96-58 SUPPLEMENTAL LABORATORY ANALYSIS FOR WATER, WASTEWATER, ETC. August 20, 1996 i All State Savannah Labor- VOC Analytical Vendor: Engineering & Test- atories and Inc. ing Consultants Environmental Svc Total - 1 To 5 Samples $ 3,547.00 $ 4,132.00 $ 4,336.90 ForWater Total - 1 To 5 Samples $ 3,547.00 $ 4,132.00 $ 4,175.30 For Waste !Total - ~5 Samples $ 3,547.00 $ 4,132.00 $ 3,694.20 For Water Total - ~5 Samples $ 3,547.00 $ 4,132.00 $ 3,561.60 For Waste Normal Hourly Sampling Rate $ 30.00 p/hr. $ 35.00 p/hr. $ 40.00 p/hr. Per Hour Weekend Hourly Sampling Rate $ 45.00 p/hr. $ 50.00 p/hr. $ 60.00 p/hr. Per Hour .Holiday Hourly Sampling Rate $ 45.00 p/hr. $ 50.00 p/hr. $ 80.00 p/hr. Per Hour Comments / Will extend same. Will extend same Will Not extend Exceptions pricing, terms, .pricing, terms, ,same pricing, and conditions to and conditions to terms, and other Palm Beach other Palm Beach conditions to County Govern- County Govern- other Palm Beach ,mental Entities mental Entities. County Govern- mental Entities. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~.~ SUBJECT: AGENDA ITEM # ~' ~. - MEETING OF SEPTEMBER 3, 1996 REJECTION OF BID/TENNIS CENTER BUILDING REPAIR DATE: AUGUST 30, 1996 This is before the Commission to consider rejecting the bid received for repair and replacement of rotten wood siding in the Tennis Center building and authorize staff to rebid the project. Only one bid was received in the amount of $8,310, which in staff's opinion would not realistically cover the work involved. In further evaluating the project, staff felt some refinement is necessary to ensure that the bidders completely understand the scope of work involved. Recommend rejecting the bid and authorize staff to redefine the scope of work and readvertise the project. Agenda Item No. AGE~A REO~ST Date: ~st 28. 1996 Request to be placed on: X Re~lar Agenda Special Agenda __ Workshop Agenda When: Septe~er 3. 1996 Description of item (who, what, where, how much): Staff request City Commission reject bids received on the Tennis Center Building Repair Project. The scope of work requires additional definition, insuring that the bids completely cover the needed work. Staff will re-bid the project. ORDIN~CE/RESOL~ION REQUIRED: Not required. Recommendation: Staff recommends City Commission reject bids received on the Tennis Center Building Repair Project and a~ staff to modify the scope of work and re-bid t~ ~rm~ct.~/ 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 s~... ~9654\agreq903 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos6 Aguila, R.A.(~ Construction Manager Date: August 28, 1996 Subject: AGENDA REOUEST 09/03/96 Delray Beach Tennis Center Building Repair Project No. 96-54 The wood siding on the Tennis Center Building has some evidence of damage. City staff, with assistance from the architect, have reviewed the building and determined that the apparent cause of this damage is an improper construction detail in the flashing. The City prepared a scope of work and other data for request for bids, and advertised on August 9, 1996. On August 20, 1996, the City received one bid for repair and replacement of rotten wood siding at the Delray Beach Tennis Center building. The one bid received was in the amount of $8,310.00. Upon further evaluation of the scope of work, staff has determined that additional information is necessary to insure that the bidders completely understand the project. Therefore, staff request that the City Commission reject this bid and authorize staffto further re-define the scope of work as necessary and re-advertise. Of further concern with the received bid is that we are of the opinion that the work would more realistically be in the'$12,000 to $15,000 range. Should the Commission agree to reject this bid, the City will prepare a new modified bid package and seek additional bids. cc: William Greenwood Bob Barcinski Agenda 9/3/96 file File 96-54 (A) esd\9654\agmem903 CORPORATE ACKNOWLEDGMENT STATE OF ~r~'/'~'9 ,/t..r/f. 2Y-/) C0UNT¥ ~e foregoing insment w~ ac~owledged before me ~s ~ day of of officer or agent, title of officer or agent), of .~ ;'~[LD ~~tate or place of inco~oration) co~oratlon, on behalf of ~e co~oration. He/~ is ~ersonally ~o~ to me) (or has produced identification) (~pe of identification) (as identification) and (~t/did not) take an oath. lin ,,~'~'.~;;~- - ~1~ O-.al~-lv~s -! Signature of Person Taking [..--?,'~";~ u¥ cou~ms~o~ ~ a: :~?0 Acknowledgment ,; ~ ~-' , Name of Acknowledger Typed, Printed or Stamped SCHEDULE OF BID PRICES Item No. Description Unit Unit Price Total Price 1. Wood siding and flashing removal and replacement 2. Indemnification LS $10.00 $10.00 Unit price for ad.,.~ replacement not identified SF Total Evaluated Bid f ~ i 0 Bid Items 1 and 2 in numbers Total Evaluated Bid Bid Items 1 and 2 in words Cents End of Bid Page 14 MEMORANDUM TO: MAYOR AND CITY CC~R~SSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF SEPTEMBER 3, 1996 APPOINTMENTS TO POMPEY PARK ADVISORY COMMITTEE DATE: AUGUST 29, 1996 The terms for Alan Holliday, Dwayne Jackson and Tommy Stevens, citizen members, will expire on September 13, 1996. Mr. Jackson and Mr. Stevens were initially appointed to the Pompey Park Advisory Committee in September, 1994, and have each served one full term. They are eligible for reappointment and would like to be considered for an additional term. Mr. Holliday does not wish to be considered for reappointment due to business constraints. The term is for two (2) years, ending September 13, 1998. Attendance records are attached. Applications have been. received from the following: Evelyn Dobson Dwayne Jackson (incumbent) Myra B. Julian Charlene E. Pollard Tommy Stevens (incumbent) Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. There are none. Based upon the rotation schedule, the appointments will be made by Commissioner Ellingsworth (Seat #3), Commissioner Randolph (Seat #4), and Mayor Alperin (Seat %5). Recommend appointment of three (3) citizen members to the Pompey Park Advisory Committee for two year terms ending September 13, 1998. POMPEY PARK ADVISORY COMMITTEE 1996 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Alan Holl~d~v A P A/P A A/P A P Dwayne Jackson P A P/P P P/P A P Tommy Stevens P P P/A P P/P P P M. Sue Jackson P P P/P A P/P P P Willie Ports, Jr. p p p/p P ~ P/P P P Corey Thompson (appnt 7/96) ~ A Amy Azam A A P/P A ~ A/A A A POMPEY PARK ADVISORY COMMITTEE 1995 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Alan Holliday P Ex P P A P P P P P A Dwayne Jackson P P P P P P P A P P P Tommy Stevens P P P P P P P P P P P H. Sue Jackson P P P P P P P P P P P 'Willie Ports, Jr. (app~t 8/95) P P P P Amy Azam (appnt 10/95) A A Albert Mickens (appnt 10/95) P A MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM % /0R - MEETING OF SEPTEMBER 3, 1996 RESOLUTION NO. 64-96 (TENTATIVE TAX LEVY ON ALL PROPERTIES IN THE CITY) DATE: AUGUST 30, 1996 Resolution No. 64-96 tentatively levies a tax on all properties in the City of Delray Beach for fiscal year 1996/97 as follows: ~ mills for operation and maintenance of the General Fund .90 mills for the payment of principal and interest on bonded indebtedness 7.90 mills Millage Rate The tentative millage rate of ~ mills is t~m~me--as FY 1995/96. The rolled back rate calculated under the TRIM law for operating purposes is 6.73 mills. The tentative millage rate is a~-l-percent above the rolled back rate. 3.~ Pursuant to the City's Charter and TRIM requirements, a public hearing must be held prior to the adoption of the proposed millage rate. Staff will make a brief presentation to open the public hearing. Recommend approval of Resolution No. 64-96. Final adoption of the budget for FY 1996/97 is scheduled for September 17, 1996. RESOLUTION NO. 64-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ;~I',T, PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALIXDCATE AND APPROPRIATE SAID COT.T.~.CTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CC~4MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $6.95 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 1996, and ending September 30, 1997. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expenses of the General Fund, and also in a_ad~tion, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bend service and that part of collection of delinquent taxes levied for bend service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $2,634,640,096. The tentative operating millage rate of $6.95 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $6.73 per one thousand dollars ($1,000.00) by 3.27%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,233,220. There is hereby appropriated for the payment thereof, all revenues derived from the tentative tax levy of $0.90 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 1996, and ending September 30, 1997, upon the taxable property of the City of Delray Beach, the assessed valuation being $2,634,640,096. Section 3. That the above tentative millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the assessment roll to be I! extended. ~ .~ction 4. ~t a l:mblic hearin~ was held on the proposed budget 1: on Sel:rt:eml:~r 3, 1996. !, PASSED AND ADOPTED in regular session on this the 3rd day of September, 1996. AT~EST: C~ty Cler~ / - 2 - Res. No. 64-96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~O ~ - MEETING OF SEPTEMBER 3, 1996 RESOLUTION NO. 65-96 (TENTATIVE DDA TAX LEVY) DATE: AUGUST 30, 1996 Resolution No. 65-96 tentatively levies a tax in the amount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for fiscal year 1996/97 for operation and maintenance, and appropriates the collections thereunder to the DDA. This tentative millage exceeds the 0.84 rolled back rate calculated under the TRIM law by 19.05 percent. Per TRIM requirements, tax levies for dependent special taxing districts such as the DDA must be separately discussed and adopted at the public hearing. Recommend approval of Resolution No. 65-96. Final adoption of the DDA tax levy for FY 1996/97 is scheduled for September 17, 1996. RESOLUTION NO. 65-96 A RESOLUTION OF THE CITY ~SSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DIS~fRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $1.00 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the Downtown DeveloI~ent Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 1996, and ending September 30, 1997. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Develot~ent Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Develo~ent Authority Taxing District of the City of Delray Beach is $99,014,924. The tentative operating millage rate of $1.00 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $0.84 per one thousand dollars ($1,000.00) by 19.05%. Section 2. That the above millage rate is adopted pursuant to Florida Statutes Section 200.065(2) (e) (2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the ta~_able value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065 (!) is at variance by more than three percent (3%) with the taxable value shown on the assessment roll to be extended. Section 3. That a public hearing was held on the proposed budget on September 3, ! 996. PASSED AND ADOPTED in regular session on this the 3rd day of AT~EST: City Cl~k/ .... ' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # /0'C' - MEETING OF SEPTEMBER 3, 1996 RESOLUTION NO. 66-96 DATE: AUGUST 30, 1996 Resolution No. 66-96 makes tentative appropriations of sums of money for all necessary expenditures of the City for fiscal year 1996/97 and prescribes the terms, conditions and provisions with respect to the items of appropriation and their payment. The tentative appropriations are set forth in Exhibit "A" to the resolution. Pursuant to the City's Charter and TRIM requirements, a public hearing must be held prior to the adoption of the budget. Staff will make a brief presentation to open the public hearing. Recommend approval of Resolution No. 66-96. Final adoption of the budget for FY 1996/97 is scheduled for September 17, 1996. RESOLUTION NO. 66-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLOR/DA, MAKING TENTATII~ APPROPRIATIONS OF SUMS OF MONEY FOR ~T.T. NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PER/OD FROM THE 1ST DAY OF OCTOBER, 1996, TO THE 30TH DAY OF SEPTEMBER, 1997; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL AT.T. RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit "A", are hereby tentatively appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 1996, and ending the 30th day of September, 1997, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1st day of October, 1996, and ending the 30th day of September, 1997. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 1996, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October, 1996. Provided, however, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1st 'day of October, 1996. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Administrator and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section $. That the foregoing budget is hereby tentatively adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the of the funds shall only to the lump expenditures/expenses appropriated apply sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That this resolution shall be effective on October 1, 1996. PASSED AND ADOPTED in regular session on this the 3rd day of September, 1996. ~ity ClerW - v - 2 - Res. 66-96 EXHIBIT A BUDGET SUMMARY DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 26,830 40,000 2,323,000 93,770 2,4.83,600 ESTIMATED REVENUES: TAXES Millages AD VALOREM TAXES 6.95 17,395,220 17,395,220 AD VALOREM TAXES 0.g0 2,252,620 2,252,620 AD VALOREM-DELINQUENT 111,340 111,340 AD VALOREM - DDA 1.00 94,070 94,070 Sales & Use Taxes 1,525,600 1,525,600 Franchise Taxes 2,927,000 2,927,000 Utility Taxes 5,010,000 5,010,000 Licenses & Permits 1,804,020 1,804,020 Intergovernmental 4,869,510 8,000 1,623,030 6,500,540 Charges for Services 3,407,510 25,104,880 28,512,390 Fines & Forfeitures 475,700 475,700 Miscellaneous Revenues 2,883,750 4,330 3,468,450 23,000 6,379,530 Other Financing Sources 2,219,280 50,000 751,790 3,021,070 TOTAL REVENUES AND OTHER FINANCING SOURCES 44,881,550 98,400 28,631,330 2,397,820 76,009,100 TOTAL ESTIMATED REVENUES AND BALANCES 44,908,380 138,400 30,954,330 2,491,590 78,492,700 EXPENDITURES/EXPENSES: General Government Services 5,127,280 5,127,280 Public Safety 24,934,650 24,934,650 Physical Environment 292,170 19,079,670 19,371,840 Transportation 1,271,190 1,271,190 Economic Environment 702,400 90,200 1,744,800 2,537,400 Human Services 170,030 170,030 Culture & Recreation 6,077,030 2,686,040 370,950 9,134,020 Debt Service 2,861,400 4,932,350 298,040 8,091,790 Other Financing Uses 3,394,270 3,497,900 6,892,170 TOTAL EXPENDITURES/EXPENSES 44,830,420 90,200 30,195,960 2,413,790 77,530,370 Reserves 77,960 48,200 758,370 77,800 962,330 TOTAL EXPENDITURES AND RESERVES 44,908,380 138,400 30,954,330 2,491,590 78,492,700 - 3 - Res. No. 66-96 MEMORANDUM TO: MAYOR AND CITY C(~4MISSIONERS FR(~4: DAVID T. HARDEN, CITY MANAGER ~/~t"I s~: ~ ~ #/0 D .- ~u~ ~~ or s~~.R 3, 1996 RESOLUTION NO. 67-96/STORMWATER MANAGEMENT DATE: AUGUST 27, 1996 This is a resolution establishing the budget for the Stormwater Utility System, est_~hlishing the rates for FY 1996/97 stormwater management assessments, and certifying and adopting the Stormwater Management Assessment Roll. Prior to consideration, a public hearing is required. The assessment is proposed at the rate of $4.50 per month per Equivalent Residential Unit (ERU), for a total annual assessment of $54.00 per ERU. This is the same as the current year (FY 1995/96) assessment. Property owners within the Lake Worth Drainage District are given a 25% discount. A separate 25% d/scount is given to owners of property served by private drainage systems. The proposed budget for the Stormwater Utility Fund is incorporated in Resolution No. 67-96 as Exhibit "A". The rate structure with condominium factors is attached to the resolution as Exhibit "B". The assessment roll will be available for review in the Commission Chambers at the September 3rd meeting. Recommend approval of Resolution No. 67-96. ref: agmemo5 A RESOLUTIC~ OF THE CITY COMMISSIflN OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STOUTER UTILITY SYSTEM; ESTABLISHING RATES FOR STOUTER MANAG~T ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITED AREA, (YlttER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DMLRAY BEACH, FLORIDA, AND RRLMVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORM~ATER MANAGEMENT ASSESSMENT ROLL. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COmmISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLIX)WS: WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on July 6, 1990, adopt Ozd/nance No. 21-90, which provides for the creation and esteblishment of a City-wide Stormwater Management System; and WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on April 27, 1993, adopt Ordinance No. 35-93 which amended Chapter 56 of the Code of Ordinances of the City of Delray Beach, Florida, to provide for the method of esteblishing and collecting Stormwater Management Assessments; WHEREAS, the statutory authority for the creation and implementation of (lrdinance No. 21-90, as amended, is predicated on Article VIII, Section 2 (b) of the Florida Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893, Florida Statutes, as amended and supplemented; Chapter !97, Florida Statutes, as amended and supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable provisions of law; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has found that owners, tenants and occupants of property within the geographical boundaries of the City will derive a special benefit from the effective management of stormwater and other surface water and from the operation, maintenance and expansion of the stormwater management system; and WHEREAS, Ozdinance No. 21-90, as amended, establishes that the rate for Stormwater Management Assessments for each parcel within the benefited area, other than with respect to non-assessed property, shall be established each year by resolution of the City Commission; and WHEREAS, Ordinance NO. 21-90, as amended, provides that such rate resolution shall D~t be adopted prior to the establishment of an operational budget for the system or prior to conducting a rate hearing as required by applicable law; and WHEREAS, Ordinance No. 21-90, as amended, provides that such budget shall include, but not be limited to a capital element, a debt service element and an Operation and Maintenance element and further requires that the rate hearings and rate resolution shall clearly establish what portion of the Stormw ter Management Assessment reflects the capital element, the debt service element, if any, and the Operation and Maintenance element; and WHEREAS, a budget of operation for the year ending September 30, 1997, is set forth herein in Exhibit "A" and is established in conformity with the requirements of Ordinance No. 21-90, as amended, and Chapter 56 of the Code of Ordinances of the City of Delray Beach, Florida; and WHEREAS, billing and collection of the Stormwater Management Assessment shall be accomplished utilizing the uniform method of collection; WHEREAS, a rate for Stormwater Management Assessments for the various classes of property (other than non-assessed property) within the benefited area shall be calculated as provided in Ordinance No. 21-90, as amended, and as further set forth in Exhibit "B" to this resolution; and WHEREAS, a public hearing on this resolution setting the rates and adopting the budget and for the purposes of adopting and certifying a stormwater assessment roll was duly noticed; and WHEREAS, the City, upon adoption of the budget and rates, shall review the stormwater assessment roll to determine its conformity with the proposed rate resolution and if upon the completion of such review the City shall be satisfied that the Stonnwater Management Assessment Roll has been prepared in conformity with the proposed rate resolution, it shall adopt said resolution and ratify and confirm the Stormwater Management Assessment Ball and certify that the Stormwater Management Assessment Roll is correct and proper and is to be used in collecting the Stormwater Management Assessments. Thereafter, the City Commission, if no objections are made by persons affected by the assessment roll at the public hearing or if objections having been made are deemed insufficient by the City Cc~mission, shall thereupon adopt the assessments as shown by the Assessment Roll; and WHEREAS, the owner of each parcel within the benefited area for which a stormwater assessment is levied shall thereafter be responsible for payment thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI~ OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: - 2 - Res. No. 67-96 Section 1. That the City Commission of the City of Delray Beach, Florida, does hereby adopt the aforementioned preamble in its entirety. Section 2. That the City Commission of the City of Delray Beach, Florida, does hereby adopt, after public hearing, the budget as established in Exhibit "A" hereto which is incorporated herein. Section 3. That the City Commission of the City of Delray Beach, Florida, does hereby adopt, after public hearing, the rates as set forth in Exhibit "B" which is incorporated herein. Section 4. That the City Commission of the City of Delray Beach, Florida, hereby adopts and certifies the Stormwater Management Assessment Roll. PASSED AND ADOPTED in regular session on this the 3rd day of September, 1996. City Clerk~ - ~ ti - 3 - Res. No. 67-96 EXHIBIT "A" to RESOLUTION NO. 67-96 BUDGET PREPARATION WORKSHEET FOR FISCAL YEAR 97 MANAGER'S ACCOUNT NUMBER ACCOUNT DESCRIPTION RECOMMENDED FUND 448 STORM WATER UTILITY FUND DEPT 54 STORM WATER UTILITY DIV 11 ADMINISTRATION 448-5411-538 12-10 REGULAR SAJ_~ARIES/WAGES 28,710 448-5411-538 21-10 EMPLOYER FICA 2,180 448-5411-538 22-10 GEN'L EMP RETIREMENT 1,790 448-5411-538 23-10 LIFE INSURANCE 170 448-5411-538 23-20 DISABILITY INS~CE 310 448-5411-538 23-30 HEALTH INSURANCE 2,490 448-5411-538 24-10 WORKERS' COMPENSATION 1,670 448-5411-538 25-10 UNEMPLOYMENT COMPENSATION 20 448-5411-538 25-20 EMPLOYEE ASSISTANCE PROG. 40 * PERSONAL SERVICES 37,380 448-5411-538 31-30 ENGINEERING/i~RCHITECT 13,300 448-5411-538 32-10 AUDIT/ACCOUNTING FEES 300 448-5411-538 34-90 OTHER CONTRACTUAL SERVICE 5,000 448-5411-538 40-10 TRAVEL & TRAINING 590 448-5411-538 41-10 TELEPHONE EXPENSE 240 448-5411-538 42-10 POSTAGE 200 448-5411-538 43-50 STORMWATER CHARGES 260 448-5411-538 44-45 VEHICLE RENTAL-GARAGE 1,030 448-5411-538 45-10 GENERAL LIABILITY 4,080 448-5411-538 46-30 VEHICLE MAINT-GA3~AGE 1,460 448-5411-538 46-90 OTHER REPAIR/MAINT COST 1,500 448-5411-538 48-20 EMPL RECOGNITION AWARD 50 448-5411-538 49-22 SHARE OF ADMIN EXP 40,000 448-5411-538 49-90 OTHER CURRENT CHARGES 500 448-5411-538 51-10 STATIONERY/PAPER/FORMS 400 448-5411-538.51-90 OTHER OFFICE SUPPLIES 290 448-5411-538.52-10 FUEL/LUBE VEHICLES 150 448-5411-538.52-20 GEN'L OPER SUPPLIES 250 448-5411-538.52-22 UNIFORMS/LINEN SERVICE 50 448-5411-538.54-15 SUBSCRIPTIONS 120 448-5411-538.54-30 TRAINING/EDUCATION COSTS 450 * OPERATING EXPENSES 70,220 448-5411-538.62-29 NASSAU ST/VEN DR/BAY ST. 50,000 448-5411-538.62-34 SE 4TH ST(SEiST AV&FEC RR 90,000 448-5411-538.62-35 BARRIER ISLAND PUMP ST(S) 947,000 448-5411-538.63-90 OTHER IMPROVEMENTS 130,000 * CAPITAL OUTLAY 1,217,000 448-5411-538.99-01 PROJECT RESERVE 100,890 * NON-OPERATING EXPENSES 100,890 448-5411-581.91-01 TRANSFER TO GENERAJu FUND 20,000 Page 1 of 4 BUDGET PREPARATION WORKSHEET FOR FISCAL YEAR 97 MANAGER'S ACCOUNT NUMBER ACCOUNT DESCRIPTION RECOMMENDED FUND448 STORM WATER UTILITY FUND DEPT 54 STORM WATER UTILITY DIW 11 ADMINISTRATION * NON-OPERATING EXPENSES 20,000 ** ADMINISTRATION 1,445,490 Exhibit "A" to Resolution No. 67-96 Page 2 of 4 BUDGET PREPARATION WORKSHEET FOR FISCAL YEAR 97 MANAGER'S ACCOUNT NUMBER ACCOUNT DESCRIPTION RECOMMENDED FUND 448 STORM WATER UTILITY FUND DEPT 54 STORM WATER UTILITY DIV 16 STORMWATER SYSTEM MAINT 448-5416-538 12-10 REGULAR SALARIES/WAGES 118,940 448-5416-538 14-10 OVERTIME 2,290 448-5416-538 21-10 EMPLOYER FICA 9,280 448-5416-538 22-10 GEN'L EMP RETIREMENT 7,440 448-5416-538 23-10 LIFE INSURANCE 500 448-5416-538 23-20 DISABILITY INSURANCE 1,280 448-5416-538 23-30 HEALTH INSURANCE 12,460 448-5416-538 24-10 WORKERS' COMPENSATION 11,070 448-5416-538 25-10 UNEMPLOYMENT COMPENSATION 110 448-5416-538 25-20 EMPLOYEE ASSISTANCE PROG. 210 * PERSONAL S~RVICES 163,580 448-5416-538 31-20 MEDICAL 190 448-5416-538 34-70 PHOTO/MICROFILM SERVICES 100 448-5416-538 34-78 REPAIR & UPKEEP CANALS 2,180 448-5416-538 34-90 OTHER CONTRACTUAL SERVICE 46,140 448-5416-538 40-10 TRAVEL & TRAINING 670 448-5416-538 43-10 ELECTRICITY 13,660 448-5416-538 44-10 LAND RENTAL/LEASE 100 448-5416-538 44-30 EQUIPMENT RENTAL/LEASE 300 448-5416-538 44-45 VEHICLE RENTAL-GAd~AGE 14,100 448-5416-538 45-10 GENERAL LIABILITY 7,180 448-5416-538 46-20 EQUIPMENT MAINTENANCE 900 448-5416-538 46-30 VEHICLE MAINT-GARAGE 23,500 448-5416-538 46-90 OTHER REPAIR/MAINT COST 2,000 448-5416-538 48-20 EMPL RECOGNITION AWARD 250 448-5416-538 51-10 STATIONERY/PAPER/FORMS 200 448-5416-538 51-90 OTHER OFFICE SUPPLIES 100 448-5416-538 52-10 FUEL/LUBE VEHICLES 3,350 448-5416-538 52-20 GEN'L OPER SUPPLIES 2,400 448-5416-538 52-22 UNIFORMS/LINEN SERVICE 1,700 448-5416-538 52-24 BUILDING MATERIALS 2,300 448-5416-538 52-26 GARDENING SUPPLIES 4,000 448-5416-538 52-27 EQUIPMENT < $500 750 448-5416-538 53-20 REPAIRS - DRAINAGE 6,540 448-5416-538 54-20 MEMBERSHIPS 50 448-5416-538 54-30 TRAINING/EDUCATION COSTS 400 * OPERATING EXPENSES 133,060 448-5416-538.66-10 SOFTWARE 11,670 * CAPITAL OUTLAY 11,670 ** STORMWATER SYSTEM MAINT 308,310 Exhibit "A" to Resolution No. 67-96 Page 3 of 4 BUDGET PREPARATION WORKSHEET FOR FISCAL YEA~R 97 MANAGER'S ACCOUNT NUMBER ACCOUNT DESCRIPTION RECOMMENDED FUND 448 STORM WATERUTILITY FUND DEPT 54 STORM WATER UTILITY DIV 16 STORMWATER SYSTEM MAINT *** STORM WATER %FfILITY FUND 1,753,800 Exhibit "A" to Resolution No. 67-96 Page 4 of 4 EXHIBIT "B" TO RESOLUTION NO. 67-96 Total 12 Month Property Description Rate Structure Assessment Single Family Residential ($4.50/Mo./ERU)(12 Mo.)(1 ERU) $ 54.00 Condominium ($4.50/Mo./ERU) ( 12 Mo. ) (Com~o Factor $ 54.00 (ERU/Unit) x CF* Single Owner Multi-Family Residential ($4.50/Mo./ERU) ( 12 MO. ) $ 54.00/ERU Non-Residential Developed ($4.50/Mo./ERU) ( 12 Mo. ) $ 54,00/ERU Undeveloped ($4.50/Mo./ERU)(12 Mo.) (1.20 ERU/AC) $ 64.80/AC All properties within the Lake Worth Drainage District (LWDD), as indicated by the LWDD's boumdary map, shall receive a 25% discount. All properties for which the City does not provide for the maintenance of street drainage systems shall receive a 25% discount. * A specific condominimum factor (0.0 - 1.0) has been determined for each condominium develolmnent. A list of those factors is attached. Page 1 of 4 City of' De;ray Beech, Florida Program: SWLIB/SNCONDO STORMI~ATER HANAOEME#T ASSESSHE#T Prepared: 8/29/96° GONDOH I N I UH RATES FOR TAX YEAR 1996 Pegs 1 Condoml n; um Unl ts ERUs Acacia House 3 .91 Aclmi ra I Apts. 10 Anchorage 7 .$6 Ardmore 15 .T0 Arnold Industrial Park $ Bahama House of D.B./Brook Heven/Ooean Reach Apts. 22 .70 Balmoral 12 Banyan House 65 .63 Banyan Tree Vi I lags 55 .96 Bar Harbour 85 .39 Bart Terrace 96 .36 Barrton Apts. 102 .~$ Beach Cabanas 12 Beach House of' Delra¥ 12 .70 Beekman 1# .70 Berkeshlre I! ~B 1o00 Berkshf re I 23 Bermuda High 22 1.00 Bermuda High South 29 Bermu¢la High West 45 1.00 Boca Isle/Point aC Delra¥ Beach 93 .69 Brooks Lane 6 1. O0 Cambr i dge 8 1.00 Capta i ns We I k 57 .86 Casa Del Her 11 C~ev¥ Chase 16 Churohi I t 30 .60 Coach Cate 7 .97 Coasts I House 85 Co~odor e Apt. s. B .70 Coral Cove 7 Costa Del ReV 140 .63 Costa Del Rev North 30 .77 country Manors #qO 1. O0 court of Oelra¥ 43 .#O Cove ApT. s 5 .70 Crest 6 Del Harbour 18 .$2 Oel Harbour Condoainlua h .70 De Ihavan 2t4 Oelra¥ ach Club 77 .~T Delra~ Dental Specialists $ .TO De I ra¥ Estates $2~4 Del ray Ooirvt rev 36 Delra¥ Harbour Club 50 Del rev Oaks lU,2 Delra¥ Oaks ~est 216 i)elre¥ Ocean VI I les 15 .70 De [ray Place ~2 .35 Oelre¥ Shores Professional B 1,00 Belfry Su~ai t 66 .#1 Do~ai ne De Irs¥ 60 .91 Eastvlev of Delra¥ Beach :1 Exhibit "B" to Resolution No. 67-96 Page 2 of 4 City of Delray Beach, Florida Program: S~LIB/$WCONDO STORMWATER t,~NAOENENT A$SESSM£NT Prepared: 8/29/96, CONDOMINIUN RATES FOR TAX YEAR 1996 Page ConOominium Units ERUs Eastview Village Square 2q 1.00 Eas~nds 8~ .69 Eight Hundred Ooean Place B 1.00 Environment I 92 .95 Fairway 72 1,00 Fall Ridge 60 1,00 First Encounter q6 .70 Georgia Street Industrial Park 3 .70 Oolrview Colony B 1.00 Greensward Village 136 .91 Grove 28 .99 Hamilton House 2~ .77 Harbour Pointe or De trey 10 .70 Herbour Villas 17 Harhourslde !-III 176 .67 High Point 1,9~2 .76 Imperial Manor 12 .70 Imperial Villas 199 Ingraham House ~ .?0 Inlet Cove 16 1.00 Inner Circle 16 .72 Intercoastet Cove q Jardin Del Nar 38 .8~ Lago Del key 338 .86 Lago Del Ray North AIsterdae 30 .57 Lakev;evGreens 128 Landings o~ Delray Beach 27 Lafllkai Villas 2q Lavers Oelra¥ Racquet Club 566 .99 Ledges 3 .70 Lin:on Ridge 8q LEnten ~oods 2q 1.00 Lyndon Ar~s 8 Manor ~ouse 2~ .67 Marina Del Ray 10 Nartel Aais ~O 1.00 Narberth/Ocean AIre la .70 New Moniouth 17 Ocean East 8 °85 O~ean Place 29 1.00 Ocean Terrace 8 .70 One Sixty Center ~ 1.00 One Ten Apt. s q .?0 Outrigger 2~ 1.00 Palm Square B .70 Palm Trail 22 .70 Palm Villas ~0 1.00 lark Vie~ lemnor 16 Patio Beach 10 .70 Pelican Pointa ~6 1.00 Penthouse De lray 80 .#1 Pi~e Beach Sotr~h 6 Pines of Delr~LY 665 .T2 Pines o~ Delr~y North 700 % Exhibit "B" to Resolution No. 67-96 Page 3 of 4 City of Datray Beach, Florida ProGram: SNLIB/SWCONDO STORHWAT£R MANAOEHENT A$SESSHENT Prepared: 8/29/96, 9:55:0# CONDOHINiffH RATES FOR TAX YEAR 199~ Page 3 Condominium Units ERUs Pines or Delray ~/est 287 P l ue 7 1.00 Ranger 10 Sabal Pine 256 Sabal Pine [est 222 .95 Saba; Pine South 128 .87 Sands Terrace 1~ .~0 Savoy 8 °70 Seabreeze o~ De lray 5 Seagate Manor 63 Seagate Towers 149 Seastone Apta. 10 Seaway Villas or Defray Beach 6 Serene Vista 30 1.00 Seven Seventy 17th Ave. 9 .70 South County Professional ~ .70 South Ocean 10 1.00 South Shore Club 15 1.00 Southridge 37 1.00 Southridge Village 68 South~inds 8~ .69 Spanish River Sl Spanish Trail 20 Spanish Wells 2~0 .72 Slot-all 12 .70 Tahiti Cove 15 Talbot Nousa III ~ .70 Three Fifty Five Bu~ldin§ 7 1.00 Town & Country ~$ Tropic Bay 1-~7 399 .61 Tropic HaPbo~ 222 Tropic View ~8 1.00 Twelve-O-T~o 6 .58 Valhalla 8 1.00 Venetian Drive To~nhouse ~ .70 Venetian Village 1~ Vista Lago la .70 ~aterviewAp:s. 8 .67 ~aterwa¥ East 19 1.O0 ~ater~ay North 15 ~edge~ood 6 .70 ~tlliamaburg Inn 12 .70 ~i nde~era House $0 .63 ~i nston S Wood b~oo ke 13 .66 To:al oondoeinlUlll units . . . : 11,6tlo Average ERU/unit ...... : .76 153 Records processed -- End of Lis:ing -- Exhibit "B" to Resolution No. 67-96 Page 4 of 4 CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING ~ ~: ~-~ ~ C'~ SEPTEMBER 3, 1996 AT 7:00 P.M. AT DELRAY BEACH CiTY HALL The City Commission of the City of Delray Beach will hold a public hearing to adopt a non-ad valorem assessment roll for annual stormwater management assessments. This public hearing will be held on Tuesday, September 3, 1996, at 7:00 p.m. in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach. This assessment will be imposed on all non-exempt property owners within the City of Delray Beach (geographic depiction below). Property owners within the Lake Worth Drainage District are given a 25% discount. A separate 25% discount is given to owners of property served by private drainage systems. The assessment is proposed at the rate of $4.50 per month per Equivalent Residential Unit (ERU), for a total annual assessment of $54.00 per ERU. This is the same as the current year (1995/96) assessment. All funds derived from the assessment will be used to operate, maintain and make additions, improvements and extensions to the City's Stormwater Management System. Also, funds will be used to finance the administration of the program. The stormwater management assessments will be included on the lg96 property tax bills issued to property owners in November, and they will be collected by the E~Jm ~each Cou~. ~T_~... Collector. All affected property owne~..-~~~~, l::mblic hearing and the right to fiie '~if{"' ~)D]e~o'h~' "iff';~ffty (20) days of this notice. 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 hearing, s_.u~h I~erson will need a verbatim record whmh includes lh~ .... =,,~,.~,,-~. ~,,,m~ ~ bP~, ~ the appeal is to be based. The City does not provide nor prepare such record. Pursuant to F.S. 285.0105. PuBLIsH: August 13, 1996 CITY OF DELRAY BEACH The News .... ,. ~...~,J~_qD_~acGregor Harty Ad ~1~7'4t 18~_ ' *~~~'!:~".~. }- ~~'~,',%"~., '-. <,..5 ~. ,~ ~"~.. oj-.' ._t-,7"- .. :. ' ' MEMORANDUM TO: MAYOR AND CITY COMMISSI~RS FROM: DAVID T. HARDEN, CITY MANAGER~I SUBJECT: AGENDA ITEM # ~O~- REGULAR MEETING OF SEPTEMB~ 3, 1996 SECf~D/FINAL READING FOR ORDINANCE NO. 30-96 AMENDING STORM~ATER DATE: AUGUST 27, 1996 City Commission is requested to approve Ordinance No. 30-96 on second and final reading. The ordinance amends certain sections of Chapter 56, "Stormwater", of the City Code. BACKGROUND: Staff has reviewed Chapter 56, "Stormwater", of the City Code and recommends the following changes: (1] Remove all references to "interim method of collection" from the Code. These references were included to accommodate collections the first year the ordinance was in effect. (2) Revise Section 56.16(D) (1) to provide that the 25% discount to properties in the Lake Worth Drainage District (LWDD) will be based on the LWDD' s boundary map as opposed to Palm Beach County' s name-address-legal (NAL) file. We have found discrepancies with the County's NAL. As a result, some properties which should be receiving a discount are not while other properties are receiving a discount when they should not be getting one. By making this change, staff can override the NAL designation and issue proper credits or debits. These changes will not affect the proposed FY 96/97 budget. At first reading on August 20, 1996, the Commission passed the ordinance by unanimous vote. Staff recommends approval of Ordinance No. 30-96 on second and final reading. ref: agmemo8 0t:~DI~E NO. 30-96 AN ORDINANCE OF THE CITY ~SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 56, "STOUTER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTIC~ 56.04, "DEFINITIONS", TO CORRECT THE DEFINITION OF 'DIRECTOR' DRLRTE ' INTERIM COT.T.RCTION SECTIONS 56.16, 56.17, 56.18 AND 56.19 BY DELETING REFERENCES TO THE INTERIM COL~.RCTION METHOD; REPEALING SECTION 56.21, "INTERIM METHOD OF COLLRCTION", IN ITS ENTIRETY; AMENDING SECTION 56.16(D)(1) TO PBDVIDE THAT PROPERTIES LOCATED WITHIN THE LAKE W~RTH DRAINAGE DISTRICT SHALL BE DEFINED BY THE DISTRICT'S BOUNDARY MAP; PROVIDING A GENERAL REPF~nRR CLAUSE, A SAVING CLAUSE, AND WHEREAS, City staff has reviewed and recommends certain changes be made to Chapter 56, "Stormwater", of the Code of Ordinances of the City of Delray Beach, Florida; and WHEREAS, upon enactment of Chapter 56, "Stormw~ter", an interim collection method w~s set forth; and WHEREAS, the interim method of collection is no longer applicable because the City has adopted the uniform method of collection; and WHEREAS, all uncollected amounts levied prior to the adoption of this amendment shall remain due and owing, and nothing contained herein shall be construed as nullifying the previously assessed amounts; and WHEREAS, the City Commission finds that certain provisions of Chapter 56, "Stormwater", of the City Code are either obsolete or should be amended to provide for the more efficient administration of the storm%rater management utility. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 56, "Stormw-ater", Section 56.04, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 56.04 DEFINITIONS. "DIRECTOR." The ~$~¢¢~/~/~¢/W~ Assistant City Manager or h/s designee. / f // / / / / / / / / / / / / / / / / / / / l~~/~/f3/J~/~/~ to be utilized by the City for the year commencing October 1, 1991, and each year thereafter for the billing, collection and enforcement of the payment of the stormwater management assessments, as authorized pursuant to F.S. Section 403.0893, as amended and supplemented, and F.S. Chapter 197, as amep~ted add supplemented. Section 2. That Title V, "Public Works", Chapter 56, "Stormwater", Section 56.16, "Establishment of Rates for Stormwater Management Assessments", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amenaed by repealing Subsection 56.16(A)(2) in its entirety. Section 3. That Title V, "Public Works", Chapter 56, "Stormwater", Section 56.16, "Establishment of Rates for Stormwater Management Assessments", Subsection 56.16(D)(1), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (D) All properties are subject to the rate classifications contained within Sec. 56.16(C). However, some properties may be entitled to cumulative discounts. The discount rates are as follows: ( l ) Lake Worth Drainage District. Ail properties located within the Lake Worth Drainage District .(L, WDD), as ~J¢~¢~//~1~/~¢//~)~ shall receive a twenty-five percent (25%) discount. Section 4. That Title V, "Public Works" Chapter 56, "Stormw ter" Section 56.17, "Adjustment of Stomm~ater Management Assessments", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 56.17 ADJUSTMENT OF STORMWATER MANAG~T ASSESSMENTS. (A) Owner-initiated adjustments. Requests for adjustment of the stormwater management assessment shall be suhnitted to the Director, who shall have authority to adjust stormwater management assessments, to administer the procedures and standards, and to review criteria for the adjustment of such assessments as established herein. In the review of adjustment requests, consideration shall be given to properties with valid surface water management permits inalicating the provision of functional retention facilities. The following procedures shall apply to all requests for adjustments of the stormwater management assessment permitted un~er this chapter: ( ! ) Any owner who believes the stormwater management assessment is incorrect may, subject to the limitations set forth in this section, suhnit an adjustment request to the Director. - 2 - Ord. No. 30-96 (2) The adjustment request shall be in writing and shall set forth, in detail, the grounds upon which the correction is sought. (3) ~I~¢II~~I¢~¢~J~II~¢~I~I~II~¢~I~II~¢ ~I~/~ _The adjustment request must be made within sixty (60) days after receipt by the owner of his or her tax bill containing the stormwater management assessment. ~/~¢/~¢;~/¢~¢¢~{/~¢~/~/~/~/~/~f~¢ ¢~ I I~¢ I ~~¢~ I I~N¢~ I~ I /~ I~¢ I I ~I~¢ I12¢~ I~¢ I I ~~¢~ ~/~~I~¢~¢~I~I~~/ The adjustment r~quest will be reviewed by the Director within a four (4) month period from the date of filing of the adjustment request. Consideration by the Director of the owner's request for adjustment shall not relieve the owner of the obligation to make timely payment of the stormw ter management assessment. In the event an adjustment is granted by the Director which decreases the stormwater management assessment, the owner shall be entitled to a refund of the excess stormw~ter management assessments paid. ~I~¢I~~I¢~¢¢~I~¢~3~I~#I~II~¢~ ~I~3~¢I/¢~II~ _The refund shall be mailed by the Palm Beach County Tax Collector (the "Tax Collector") unless the Tax Collector and the City agree otherwise. (4) The owner requesting the adjustment may be required, at his own cost, to provide supplemental information to the Director including, but not limited to, survey data certified by a professional land surveyor and/or engineering reports approved by a professional engineer and a¢cept_~ble to the Director. Failure to provide such information may result in the denial of the adjustment r~uest. (5) The adjustment to the stormwater management assessment will be made upon the granting of the adjustment request, in writing, by the Director. The document granting the adjustment request will be provided to the ~-ner ~-~I / ~ /~3~¢ /~~/~¢~3~/ ~ / ¢~¢¢~/ ~ /~/~/~? /~3~¢ /¢~ ~ I ~3~¢/~¢~% will also be sent to the Tax Collector. A denial of an adjustment request shall be made in writing by the Director, ~ copy of which shall be provided to the owner. (6) All non-residential properties located within the Lake Worth Drainage District with private drainage systems on site shall not be eligible for an adjustment based on on-site retention of stormwater. All other non-residential prope~es with private drainage systems on-site shall be eligible for an adjustment based on on-site retention of stormwater. (B) Appeals. All determinations of the Director pursuant to this section may be appealed to the Board of Appeals. These appeals must be filed with/n thirty (30) days of receipt of the written determination of the Director. The Board of Appeals shall complete a review within sixty (60) days of receipt of the request for review and shall be evaluated based upon the sta~ds and review criteria set forth in this chapter. The decision of the Board of Appeals shall be final. The Board of Appeals shall be comprised of the City Manager, the City Engineer, and the Planning and Zoning Director, or their designees. - 3 - Ord. No. 30-96 (C) City-initiated adjustments. ~11~¢111~~11~¢~111~ ~¢¢~I~I/~II~II~I~¢II¢~III~ _Any errors in ~e stouter ~g~ent assessment, or f~l~e to c~ge a stouter ~g~ent assessor, ~y ~ correct~ ~ ~e D~ector ~n s~ty (60) ~ys after o~g of ~e ~ roll f~ collection. ~/~/~~/~/~//~~ ~ / ~/ /~/ ~ / /~ / /~ ~ / / ~ / / ~ / / ~/ /~ / / ~~~ / /~~ ~~/~//~~/ ~rrections ~ch reset in ~ ~crease in ~e stouter ~g~ent asses~ent c~ot ~ ~s~ ~til ~e ~er c~s~t~ in ~i~ng to ~e ~crease or ~s ~en given at least t~ (10) ~ys' no~ce ~ c~fi~ ~il ~d ~ o~~ty to ~ he~. ~ce ~e adjus~ent is fi~liz~, ~e Director s~ll se~ doc~en~tion reflecting ~e adjus~ent to ~e ~er ~/~//~/~~/~//~/~~/~//~ ~$~y/~/~~$~/~ also ~/$~ to ~e ~ ~llector. (D) Ins~ctions. ~e Ci~ ~y re,re ~ ~1 ins~ction of on-site ~tention/detention facili~es on ~cels to ~ch ~ adjus~ent to ~e stouter ~g~ent asses~ent ~s ~ ~t~. ~e ~er ~nefi~ng fr~ such adjus~ent s~ll ~ r~r~ to ~y to ~e City ~ ~1 ins~c~on fee ~ ~ ~o~t dete~ed ~ ~e Director. For ~e p~se of ~otect~g ~e heal~, safety ~ ~lf~e of ~e citizens of ~e City, Di~ctor ~y cause ~ ~s~ction of ~y ~o~y ~n ~e ~efit~ ~ea. ~ch ~s~ction s~ll ~ ~de u~n reaso~le notice to ~e ~er or occult of ~e ~o~y ~ess ~ ~ergency exists, as dete~n~ solely by ~e D~ector. ~c~on 5. ~t Ti~e V, "~lic Works", ~pter 56, "St~ter", Sec~on 56.18, "~li~ent Stouter ~g~nt ~sessments", of ~e ~e of ~~ces of ~e City of ~ay ~ach, Flori~, is here~ ~e~ed to read as foll~: ~c~on 56.18 D~~ ~~~ ~G~ ~SESS~S. ~; / /~ / ~~~ / /~~ / ~~ / / ~~/~~ / / ~ ~/~~/~/~ /~~/~/ /~/~/~/ ~; /~/~ / /~ f~//~/~,~~//~~//~$~$~$//~~//~~ ~] ~e ~ovisions ~er F.S. ~pter 197, reg~ng deli~encies, ~l~es ~ ~ c~ificates ~ ~ de~s s~ll applic~le ~ res~ct to ~e non-~t of ~e stouter ~gement asses~ents~ ~ / ~ /~ ~/~/ ~ / / ~ ~/~ /~/ ~~/~ / / ~ - 4 - ~. ~. ~ I I~ I~¢ I I ¢~¢~I~~¢~I /~ I I~I I~ I I #~~¢~ I I~~¢~ ~~ l~l~/~l~ J~l l~ /~t l ~ /~/~ l ~~l l~ Set,on 6. ~t Title V, "~lic Works", ~pt~ 56, "Stouter", Sec~ 56.19, "Stouter ~g~nt ~sessment ~en/~forc~ent", of ~e of ~~ces of ~e City of ~lray ~ach, Flori~, is hereby ~e~ed to r~d as foll~s: Sec~on 56.19 S~~R ~~ ~SESS~ LI~/~~. (A) ~1 stouter ~g~ent assessments assessed p~s~t to ~s c~pter, s~ll ~ a lien u~n ~e ~o~y to ~ch such assessment relates fr~ ~e first ~y of ~e ye~ for ~ch said asses~ent is ~1 ~h assessment is ~id. ~e ~er of eve~ ~l~ng, ~ses, lot or house ~11 ~ obligated to ~y ~e stouter ~g~ent assessments. deli~ent stouter ~g~t assessment liens ~y ~ enforc~ at ~y ~ ~e City at least ~y (30) ~ys s~s~ent to ~e ~te of ~e se~ice of ~e notice of lien for ~e ~o~t due ~er such reco~ed liens, incl~ng all ~te~st c~ges, plus costs ~ a reaso~le atto~ey's fee ~ a ~e~g in a co~ of law or ~ty to enforce or foreclose such liens in ~e ~r in ~ch a mo~gage lien is foreclosed ~der ~e laws of Flori~, or ~e collection ~ enforc~ent of ~ent ~ereof ~y ~ accomplished by ~y o~r me~ au~oriz~ ~ law. It s~ll ~ la~ to join in ~y c~pl~t or f~eclos~e or ~y legal ~e~ngs, ~y one or more lots or ~cels of l~d ~t is ~e s~ject of a lien or liens. In ~e case ~ere a te~t in ~ssession of ~y ~ses or b~l~ngs s~ll ~y said asses~ent, it s~l relieve ~e 1~ ~er fr~ such obligation ~d lien; but ~e City s~ll not ~ r~r~ to l~k to ~y ~rson ~ts~ver o~er ~ ~e ~er for ~e ~t of such asses~ent. ~ c~ges of ~ers~p or ~cu~tion s~ll affect ~e a~lication of ~s c~pter, ~ ~e faille of ~y ~er to 1~ ~t he ~c~s~ ~o~ against ~ch a lien for stouter ~~nt asses~ent exists, s~ll in no ~y affect ~s or her ~s~ility for such ~ent. ~/~~/~/~//~/~/~/~//~ ~e ~ stouter ~gement asses~ent ~//~~/~$~//~//~ ~~//~//~//~~//~ s~ll ~ s~ject to all collection ~visions of F.S. ~pter 197, as ~e~ ~ suppl~ented, inclu~ng ~ovisi~ relating to ~sco~t for ~ly ~ent, ~e~ent ~ insOlVent me~, deferr~ ~ent, ~lty for deli~ent ~ent, ~ iss~ce sale of ~ ce~ificates ~d ~ de~s for non~ent, as ~ovid~ ~ law. Such stouter ~g~ent asses~ent is s~ject to ~c~ng a lien against h~est~, as ~ovided in Section 4, ~icle X, of ~e Flori~ ~nstitution. - 5 - Ord. No. 30-96 Section 7. That Title V, "Public Works", Chapter 56, "Stormwater", Section 56.21 "Interim Method of Collection" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed in its entirety. Section 8. ~nat 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 ~art declared to be invalid. Section 10. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on secom~ and final reading on this the 3rd day of September , 1996. First Reading August 20, 1996 Second Reading September 3, 1996 - 6 - Ord. No. 30-96 MEMORANDUM TO: MAYOR AND CITY CC~/~ISSIONERS SUBJE~P: AGENDA ITEM # /0' ;~- REGULAR MEETING OF SEPTEMBER 3, 1996 QUIT-CLAIM DEED TO .PALM BEACH COUNTY/FEDERAL HIGHWAY AND LINTON DATE: AUGUST 30, 1996 In reviewing this item, we noticed t_hat the legal description in the quit-claim deed does not include all of the property that was inadvertently deeded to the City by the Delray Mall developers. The quit-claim deed was prepared by the County and it may be they included only that portion of the right-of-way needed for the intersection improvements. Since we have no interest in the property, it may be appropriate to transfer the entire piece to the County if they have a use for it. Or, if the County doesn't want it, it could be quit-claimed back to the Delray Mall and returned to the tax roll. The City Attorney is checking into the matter and will provide additional information at the meeting. ref: agmemol 6 £1TY 01: ' ~ ' Wri~er'~ Dire~t'I~he? No7)243-7090 CITY ATTORNEY'S DELRAY ~ M:EMOR~"qDUM Ali.America City ~ ~ ~ TO: City Commission FROM: David N. To]ces, ^ssistant City ^tto~ey SU-BJECT: Quit-ClaSh Deed to ?aim Beach County - Federal Highway and L~ton Boulevard At the time of approval of the site plan for the renovations for the Delray Beach Mall, the County requested additional right-of-way from the property owner. The additional right-of-way is required for improvements at the intersection of Federal Highway and Linton Boulevard. Somehow a Warranty Deed was recorded, which transferred the property described in the Quit-Claim Deed to the City. As the City has no interest in either Linton Boulevard, a County road, or Federal Highway, a state road, the City would not have recorded the Warranty Deed from the Mall owners. Therefore, in order to clear up the confusion, the County requested that the City quit-claim the property to the County. Once the property is quit-claimed to the County, the City will have no further interest in this issue. Therefore, approval is recommended. Please call if you have any questions. DNT:smk Attachments cc: David T. Harden, City Manager Diane Dominguez, Director of Planning & Zoning Dan Beatty, City Engineer Janet Meeks, Senior Planner Sharon Morgan, City Clerk's Office quitdeed.dnt SENT BY:Xerox Telecap~er ?o2a~; ?- g-ge ; IL Nm:l--I--I~.lr~4 , ~.~s~,~). r~q;~)',~.J(___ , 3:25PM ; 4018844123~~.__ 409 2?8 4~55;~ 3 ' " "" ' ~ 9229 Pi t9&~ ) SS: . ~~ ~~ mmc~~ * _.. ~ mmmmmmm,,mmm~m ~lmmm, ~ {mmmm{m~mm~. Ira. 2 BY:Xerox. Tel ' ' SENT ecapl-er ?02Q.._; "/- 9-98 , 3:25PM , , FRD,I = ~ ~.._~-I Pt. CN~ '" ' . . .0...~ .~22c~ p, ,j. ~,~_~: AMD ~rl. ~~ ~ ~D 7.00 ~DI~Y ~ RADIUS OF I~OB ~' ~ 3g°:' DI~ ~-gl '~N~ ~'~ ~U~Y UN~ O~ SENT ES'l':Xer'ox Telecop~,er 7020 ; '7- 9-96 ; 3:26PM ; 4.0~4.4.123'-, 4.07 2'70 4.'755;~ 6-- . J /~- o4-4e'3e- j -- R "" 10'20.0B' A ,m,. 04,"0~'~4.' L "" 1B4,27' 4.1.08' . ~.o.c. ~ · ~,~N~ ~ =~" ! ~ ~,,.= EXHIBIT !if,", AUG 81996 ................ Deimztment of I~l[i~ee~~ nmlPubllcWotks August 6, 1996 Ro. ~ 21229 Mr. David Tolces, Es~ire ('~])6s~ The City of Delray Beach 200 N. W. 1st Avenue Delray Beach, FL. 33444 Project No.: 94110 ~~~ Project Name: U.S. 1 and Linton Boulevard ~of~ Job Limits: Intersection Improvement ~,~n~ Parcel No.: 102 ~~..vic,~m~m~ Dear Mr. Tolces: ~n T. M~ In our phone conversation you said the city may be c=ota.~ willing to Quit Claim the needed right-of-way for the ~enH. N~tl above referenced parcel. ~m~c~ I have enclosed a Quit Claim Deed with Sketch and legal Maud,~4~ of the needed right-of-way for your review. If there are any questions, please contact me at (561) 684 -4119. ~m~.~. Thank you for your cooperation in this matter. Sincerely, ,~ C~ Wessendorf, Right-of- ay Agent Right-of-Way Acquisition Section CW: mat Enclosure c: Ed Handy, Supervisor Right-of-Way Acquisition Section ~IC O~fLce ~x 21229 ~IC ~e ~ch, Flor~ 33416 P.C. ~.: 12-43-46-~0049-000-0010 (Co~FaC ton) PR~E~ NO: 94~10 RO~= u.S. I ~d ~in=on Boulevard P~CEL NO= ~02 ~IS I~E~, ~de =his , day of , 19__, be=ween, ~e Cit~ of A Florida ~tc~Da~ Co~oraC~on. ~v~ng its principal place of business ac ~00 N.W. let A~nue, ~rav Reach. F~. 33444 as parcy of =he firs= par~, and P~ B~ ~, a ~li=ical s~ivis~on of ~he S~a=e of Florida, as =he party of ~he second par=. WI~S~ T~= ~he party of =he fire= par~, for ~d in consideration of =he s~ of O~ ($1.00) dollars ~d o=~r val~le considers=ions, receipt whereof is hereby ac~ledged, do here~ remiss, release. ~i~-claim ~d convey ~o =he par=~ of =he second par=,i~s successors ~d assi~s, all right, ci=le, ~n~eres=, claim ~d d~d which ~he party o~ =he first parc has ~n following descried l~d, si=~=e in Palm Beach Co~=y, Florida, Property ~re particularly descried ~n ~ibi= 'A' a=~ached hereto ~d ~de a part hereof. TO ~ ~ ~ ~ THE S~E, ~e~her with all ~d ~n~lar =he appurtenances =hereto ~longing or in ~ise incident or apper~ain~ng, and all =he esha=e, right, ~i=le, in=crest ~d claim whatsoever of =he said par~y of ~he firs~ par=, in law or in e~i~y ~o ~he proper use, benefi~ ~d behoof of ~he said party of =he second par=, i~s successors ~d ass~s forever. IN WI~ESS ~EREOF, sa~d par~y of the firsc party has caused these presents ~o be duly executed i~s na~, and i~s co.rate seal to be affixed, by i~s proper officers =here~=o duly authorized, =he day ~d year firs= ~ove (CORPORATR SEAL) T~e ¢it¥ of Delray Beach T~10ed or printed name of Corporation Signed, sealed and delivered in the presence of= (Signature of Cwo witnesses required by Florida law) BY: Witness ITS PRESIDENT T~ped or printed name of witness Typed or printed name of President Witness Mailing address ATTEST: Typed or printed name of wiCness ITS SECRETARY STATE OF Typed or printed name of secretary COUNTY OF BEFORE ME, the undersigned authority, personally appeared who is/are personally known to me or who ha8/have produced as identification and who did/did not take an oath, executed the foregoing instrument for the use8 and purposes therein expressed. #ITNESS my hand and official seal this day of , 19 Signed:. Notary Public in and for the County and State aforeu~nCioned NOTARIAL SEAL 263-LGL T~ed or printed name of Notary Public Rev. 07/96 My Co~muission expires: I ~ ~1~ I I.' ~1/~~ ~ - .. ~ - ~ m m ~<1~=~ =z I~ ~'~ e' ~ ~ ~ [ ~"' MEMORANDUM TO: David T. Harden City Manager FROM: Joseph M. ~or~ Director of SUBJECT: Agenda Request for Item to be Placed on the City Commission Agenda of September 3, 1996 DATE: August 30, 1996 Attached is Ordinance Number 33-96 which enacts a new Chapter 51, Garbage and Trash" to be consistent with the contract for collection services (with B.F.I.) effective October 1, 1996. The rates for Fiscal Year 1996-97 reflect a general decrease. I would request that Ordinance Number 33-96 be placed on the September 3, 1996 City Commission agenda for approval. /sam Attachments AGENDA REQUEST Date: 08-30-96 Kequest to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: , 09-Q~-96 Description of agenda item (who, what, where, how much): G~rbaKe Ordinance Number 33-96 enactin~ a new Chapter 51, "Garbage and Trash" to be consistent with the contract for collection services effective October 1, i996. ~ I~ESOLUTION REQUIRED: ~/NO Draft Attached~NO Recommendation: Approval is recommended by the Director of Finance Determination of Consistency wi~prehensive Plan: n/a 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: Action: Approved/Disapproved ORDINANCE NO. 33-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, REPEALING CHAPTER 51, "GARBAGE AND TRASH" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; AND ENACTING A NEW CHAPTER 51, "GARBAGE AND TRASH"; TO BE CONSISTENT WITH THE CONTRACT FOR COLLECTION SERVICES EFFECTIVE OCTOBER 1, 1996; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to amend its garbage and trash regulations to be consistent with the contract for collection services signed by the City on August 8, 1996. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 51, "Garbage and Trash", is hereby repealed and a new Chapter 5 l, "Garbage and Trash", is hereby enacted to read as follows: CHAPTER Sl: GARBAGE AND TRASH GENERAL PROVISIONS Section 51.01 DEFINITIONS. To the extent the definitions contained herein conflict with ~milar definitions contained in any federal, state or local law, the definition herein shall prevail Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of infection or disease to humans or may reasonably be suspected of harboring pathogenic organi.~ns. The term includes, but is not limited to, non-liquid human tissue and body pans; laboratory and veterinary waste which contain human-disease-causing agents; used disposable sharps, human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility. Biological Waste: Shall mean solid waste that cause or has the capability of causing disease or infection and includes, but is not limited to, Bioh8?ardous waste, diseased or dead animals, and other waste capable oftran.emitting pathogens to humans or animals. Bulk Trash: Shall mean any non-vegetative item which cannot be containerized, bagged or bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, washers, dryers, bath mbs, water heaters, sinks, bicycles, and other .~imilar appliances, household goods, furniture, large boxes, barrels and crates, and shall not be commingled with Vegetative Waste or any other type of refuse. City: The City of Delray Beach, Florida, or the City's authorized agents or contractors. Collection: Shall mean the process whereby solid waste, garbage, trash, bulk trash, vegetative waste or recyclable material is removed and transported to a Designated Fac'dRy. Commercial Service: Shah herein refer to the service provided to business establishments, churches, schools, apartments (for profit buildings containing over four (4) living units are classified as commercial accounts), office buildings and other establishments. Service shall include container rental, the rolling out and locking and unlocking of containers, opening and closing doors and gates, exchanging containers, changing container locations, supplying locks and locking mechanisms for containers, and other services to include painting and repairing required for the proper maintenance of containers. Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior or other packing materials, wood, paper or cardboard boxes or containers, sweepings, and any other accumtdation not included under the definition of garbage, generated by the operation of stores, offices, and other business places. Commercial trash shall include furniture if properly containefi~d. Commercial trash shah not include Special Waste. Construction and Demolition Debris: Shall mean materials defined as such from time to time by the Department and Chapter 17-7, F.A.C. Contractor or Vendor: Browning-Ferris Industries of Florida, Inc. Department: Shah mean the Florida Department of Environmental Protection. Designated Facility: Shall mean a disposal processing, recovery, recycling or transfer facility designated by the Solid Waste Authority or the City Manager. Disposal Costs: Shah mean the "tipping fees" or landfill costs charged to the Contractor by others for disposal of the waste collected by the Contractor. Garbaie: Shall mean all putresca~ble waste which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities. Vegetative Waste shah not be commingled with Garbage in the same collection. Garbage shah not include any material that falls within the definition of Special Waste. Garbage Receptacle: Shah mean any commonly available light gauge steel, plastic, or galvanized receptacle of a non-absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s). A receptacle also includes a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. Any receptacle including waste materials shall not exceed f~y (50) gallons in capacity or fifty (50) pounds in weight for owner's container and ninety five (95) gallons for roHout containers. Hazardous Waste: Shah mean solid waste as defined by the State of Florida Department of -2- ORD. NO. 33-96 Environmental Regulation as a hazardous waste in the State of Florida Administrative Code, or by any future le~slative action or by federal, state or local law. Industrial Wastes: Shall mean any and all debris and waste products generated by manufacturing, food processing (except in restaurants and homes), had clearing, and commercial shrubbery or tree cuttings, building construction or alteration (except residential do-it-yourself projects) and public works type construction projects whether performed by a government unit or by contract. Loadinll and Unloading Area: Any loading or unloading space or area used by any moving vehicle for the purpose of receiving, shipping, and transporting goods, wares, commodities, and persons. Loose Refuse: Any refuse, either garbage or household trash stored in and collected from any type of container other than a mechanical container or garbage can related to multiple family dwellings or the designated facility. Refuse which is collected from the ground is considered loose refuse. Mechanical Container: Shall mean and include any detachable metal container designed or intended to be mechanically dumped into a loader/packer type of garbage truck used by the Contractor and includes any motorized or electrical compactor often (10) yards capacity or less. Mechanical containers may be constructed of plastic. Further, all mechanical containers must be uniform in color, have closeable lids, and be free of any advertising or other information other than a 8-1/2" x 11" sticker with the name, address, and telephone number of the Contractor. Multiple Dwelling Units: Shall mean any building containing four (4) or more permanent living units, not including motels and hotels. Parking Lots: Commercial and public lots designed for the parking of any vehicles with the exception of residential parking. Person: Any natural person, owner, agent, corporation, partnership, association, firm, receiver, guardian, trustee, executor, adminlarator, fiduciary, occupant, lessee, tenant, or representative or group of individuals or entities of any kind. Premises: Lots, sidewalks, alleys, fights-of-way, grass strips, and curbs up to the edge of the pavement of any public thoroughfare. Private Property: Property owned by any person as defined in this section, including, but not limited to, yards, grounds, driveways, entrance or passage ways, parking areas, storage areas, vacant had, or body of water, and including sidewalks, grass strips, and one-half of adjacent alleys. For the purpose of this chapter, "Private Property" owners are required to maintain rights-of-way up to the edge of the pavement of any public thoroughfare. Public Property: Any area that is used or held out to be used by the public, whether owned or operated by a public interest, including, but not limited to, highways, streets, alleys, parks, -3- ORD. NO. 33-96 recreation areas, sidewalks, grass strips, medians, curbs, or fights-of-way up to the edge of the pavement of any public thoroughfare or body of water. Recydable Materials: Shall mean newspapers (including inserts), magazines and catalogs, aluminum, ahuninm foil and pie plates, plastic containers, glass bottles and jars, corrugated cardboard, brown paper bags, mixed paper, drink boxes, milk and juice cartons and other solid waste materials added upon Agreement between the Solid Waste Authority and the Contractor, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste streanx Reeveline: Shall mean any process by which solid waste, or materials which otherwise become solid waste, are collected, separated, or processed and reused or rearmed to use in the form of raw materials or products. Refuse: Shall mean commercial trash, household trash and garbage or a combination of mixture of commercial trash, household trash and garbage, including paper, glass, metal and other discarded matter, excluding Recyclable Materials. Residential Do-It-Yourself Projects: Minor residential repairs done exclusively by the homeowner hlm~elE Residential Service: Shall herein refer to the refuse, recycling and vegetative waste collection service provided to persons occupying residential dwelling units within the City who are not receiving commercial or multi-family services. This would include single family homes, duplexes, triplexes and mobile homes. Rolloff Collection Service: Shall mean the collection of construction and demolition debris using open top roHoff containers within temporary locations in the City, limited to new construction sites. RoHoff collection service shaH also mean the collection of horticultural or agricultural wastes at horticultural or agricultural nurseries, but only when the customer chooses to use open top roHoff containers for horticultural or agricultural waste, and horticultural and agricultural waste shall not include any other type of waste, including, but not limited to, Special Wastes, Garbage or Recyclable Materials. Roll-Out Carts: Carts that are either a 32 or 95 gallon (approx/mate) wheeled container of a type approved by the City Manager or his designee, and shall be equipped with wheels, and a lid latch that will keep the lid dosed if the can should be knocked or blown over. Single Family Residential Unit: Any dwelling place occupied by one family. Sludge: Includes the aco,mulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. Special Waste: Shall mean solid wastes that require special handling and management, which are -4- ORD. NO. 33-96 not accepted at a landfill or other disposal facility or which are accepted at a landfill or other disposal facility at higher rates than is charged for refuse, including, but not limited to, asbestos, whole tires, used oil, lead-acid batteries, and Biohazardous wastes. Trash: Shah mean all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweeping, broken toys, tools, utensils, and aH other accumulations of a ~milar nature other than Garbage, which are usual to housekeeping and to the operation of stores, offices and other business places, but shall not include Vegetative Waste. Vegetative Waste: Shah mean any vegetative matter resulting from yard and landscaping maintenance and shah include materials such as tree and shrub materials, grass dippings, palm fronds, Christmas trees, tree branches and .qimilar other matter usually produced as refuse in the care of lawns, landscaping and yards. Residents shah bag or containerize all grass clippings, leaves, pine needles, and similar small loose items whenever possible. Large Vegetative Waste items must be not more than six (6) feet in length or fifty (50) pounds in weight, and shah be placed neatly at the curb. Vegetative Waste does not include any form of matter or debris resulting from tree removal, land cleating, land development, or waste generated by tree surgeons, landscapers or lawn maintenance services. Tree removal by residents is acceptable for curbside pickup il'cut to the specifications noted above. Section 51.02 DUMPING ON PROPERTY OWNED BY OTHERS PROHIBFFED. It shah be unlawfid to dispose or discard any garbage, trash, or litter on property owned or controlled by someone else. Section 51.03 ADMINISTRATION OF CHAPTER. All garbage and trash shall be placed in containers as herein specified or otherwise prepared in accordance herewith or it will not be picked up by the City. The admini~qtration of the provisions of this chapter shall be the duty of the City Manager or his designee except as otherwise stated. COLLECTION SERVICES, REQUIREMENTS Section 51.15 GARBAGE AND TRASH COLLECTION RESERVED EXCLUSIVELY IN CITY OR ITS CONTRACTORS. The governmental function of collection, removal, and disposition of aH garbage and trash within the municipal limits of the City is exclusively vested in the municipal government of the City or its contractors, and all other individuals, persons, firms, or corporations are specifically and expressly prohibited from engaging in that practice or business within the corporate limits of the City and from utilizing the publicly dedicated streets, alleys, and other thoroughfares for those purposes. Section 51.16 EXCEPTIONS IN CERTAIN AREAS AND FOR CERTAIN TYPES OF COLLECTION SERVICES. ORD. NO. 33-96 Upon the express written approval of the City Manager, an exception to City garbage and trash services as required in Sec. 51.15 may be granted to commercial or industrial establishments or to developments or homeowners/condominium associations of over 100 units, located within clearly defined boundaries, for the collection, removal, and disposition of all garbage and trash where that garbage and trash is to be placed in roll-off stationary compactor units and compactor containers or like construction/bulk containers. The exception shall only be granted where s,,fflcient proof is presented to the City Manager that the development or homeowners/condominium association is of a snfficient size; is within sufficient, clearly defined boundaries (so as to not interfere with City garbage and trash collection services) and that the development or homeowners/condominh,m association has, pursuant to any applicable internal bylaws or covenants and restrictions, properly contracted with an independent contractor to provide garbage and trash collection, removal, and disposition services at their own expense, and that the contract is made expressly subject to the granting of the exception by the City Manager. The decision to grant an exception shall be solely that of the City Manager at his discretion. Section 51.17 NO PROFIT REQUIREMENT FOR CITY CONTRACTORS OR FRANCmSES. Any other applicable ordinances or law to the contrary notwithstanding, all contractors with or franchisees of the City shall be required to properly and timely fidfill all the terms and conditions of their contracts/franchises, including all fees and prices, and those contractors, franchisees, or their agents or subsidiaries shall not, as a matter of law, be entitled to a profit on their respective contract/franchises. Section 51.18 TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND TRASH. (A) Roll out Cart Service (1) All residential units of the City shall have curbside pickup, except for the areas listed in sections (B) and (C). The customers in thi~ area shall be required to use roll-out carts furnished by the City. These carts shall become the property of the resident after five years and shall be maintained by the Contractor. (2) These roll-out carts shall be furni.~hed by the City (or its' Contractor) and shall become the property of the customer alter a period of five years. Ifa roll-out cart becomes unserviceable or is missing because of customer neglect, the City (or its contractors) may repair or replace it, bm repair or replacement does not constitute a waiver by the City (or its contractors) to proceed against the negligent customer for reimbursement for any replacement or repair. The City (or its' Contractor) shall supply only one roll-out cart ready for use to each single-dwelling unit or each unit in a multiple-dwelling unit (not serviced with mechanical containers); however, additional roll-out carts may be rented to the customer at a charge not to exceed $1.50 per month. Any additional roll-out carts shall be collected by the City or its contractors at the same time as the first roll-out cart, and there shall be no additional monthly service charge for that collection other than the charge for each additional roll-out cart rental. -6- ORD. NO. 33-96 (3) All customers receiving roll-out cart service are required to use those roll- out carts for all garbage and for whatever trash and garden and yard trash that can be reasonably contained therein. All roll-out cart service shall be collected on regular schedules and routes as determined by the City or its' Contractor. (4) Garden and yard trash and household trash in excess of that amount which can be contained by the roll-out containers shall be collected fi~om the curbside at the same time as garbage is collected, provided that the customer must prepare that trash in containers or bundles of less than 50 pounds each and with no dimension over six feet. (5) The provisions and requirements set forth in thi.q division notwithstanding, for those customers who, by reason of disability, certified by a doctor and approved by the City, are unable to place the roll-out cart at the street, then collection shall be ~om roll-out carts located at accessible locations adjacent to the house or structure. (B) Rear-door/side-door service. (1) For the residential area of the City located east of the Intracoastal Waterway and Sherwood Park, garbage and trash shall be collected at least twice each week on regular schedules and routes as determined by the City or its' Ccontractor from the rear, side, or t~ont of and adjacent to the served residences, and locations reasonably accessible to the City or its' Contractor. (2) Excess garden, yard and household trash shall be placed adjacent to the pavement or traveled way of the street, in containers or bundles less than 50 pounds each and with no dimension over six feet each, and then shall be collected along with the garbage collection. (C) Curbside, garbage and household trash in disposable containers. (1) For the residential area of the City located at Imperial Villas and Country Manor, the customer's garbage and household trash placed in disposable bags shall be collected at least twice per week on regular schedules and routes as determined by the City or its' Contractor from the front of the served residence, which must be in locations adjacent to the street. (2) All garbage and household trash shall be placed in secured plastic bags or other secured disposable container and no bag shall weigh more than 50 pounds. (3) This service specifically excludes collection of garden and yard trash and bulky wastes, and removal of that refuse shall be at additional charges as set by the City or its' Contractor. (D) Recycling program (1) Each residence of the City shall be provided two recycling containers for the accumulation of mixed paper, glass, plastic and aluminum and other recyclable materials. -7- ORD. NO. 33-96 (2) All condominiums and apartment complexes containing thirty (30) or more dwelling units shall be provided recycling containers to collect mixed paper recyclables. (3) The containers referred to in division (1) shall be brought to curb-side and shall be collected at least once per week. For each residence referred to in division (1) above, such collection shall be made on one of the regular refuse collection days. For condomim'ums and apartment complexes referred to in division (2) above, collection shall be made once per week. (4) In the event the recycling containers contain unacceptable materials, the materials will not be collected and an explanatory notice will be placed in the container. (5) In the event that the recycling container, furniahed either by the City or by the Contractor, is lost, damaged, or stolen, the residence or condominium or apartment shall pay the Contractor directly for replacement containers. (6) Participation in the recycling program shall be mandatory. Section 51.20 INI)USTRIAL AND HAZARDOUS WASTE DISPOSAL. (A) Any persons, businesses, or other entities generating industrial and hazardous wastes shall not be served in the normal manner set forth in this subchapter. All industrial and hazardous wastes may be collected by the City or its' Contractor only upon specific approval and at additional costs set forth by the City or its' Contractor. (B) Unless collected by the City under division (A), industrial waste shall be collected, removed, and disposed of solely by the operator of the factory, plant, or enterprise creating or causing same. Section 51.21 BUILDING MATERIALS. (A) Building materials originating prior to, during, or subsequent to the construction of new btfildings, alterations, or additions to existing buildings of whatsoever type or from demolition of existing structures will not be collected. Removal of these building materials is the responsibility of the contractor or installer. (B) Building materials resulting from minor homeowner repairs (residential do-it- yourself projects) which meet the requirements for trash collection must be bundled, bagged, or boxed and will be collected at curbside. Discarded lumber pieces must be no longer than four feet without nails. Larger materials may be picked up by special request at an additional charge from the Contractor. Section 51.22 HOUSEHOLD FURNITURE OR APPLIANCES. (A) Furniture and appliances shall not be placed at curbside except as herein stated. Upon request, the City may collect normal household discarded furniture or appliances, including but not limited to sofas, chairs, beds, refrigerators, washers, dryers, hot water heaters, and similar -8- ORD. NO. 33-96 Rems. Residents, including tenants or lessees requesting this service of the City will be given a date when collection will occur. Items for collection shall be placed at curbside no earlier than 5:00 p.m. on the day preceding the scheduled collection. (B) It shall be unlawful for any person to leave outside any building in a place accessible to children any appliance, refi'igerator, or container with a loclcing device unless the door has been removed. This prohibition shall not apply to any appliance, refi'igerator, or container at a commercial establishment which has been placed on or adjacent to the rear of the building and is crated, strapped or locked to an extent that it is impossible for a child to obtain access to any airtight compartment thereof Section 51.23 COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE BUSINESS~ RESPONSIBILITY FOR TRASH COLLECTION. Persons engaged in either commercial landscape or lawn maintenance business shall be responsible for hauling vegetative or other trash generated by their activities to the City's disposal area. Section 51.24 VEGETATIVE WASTE (1) Vegetative waste shall be collected from the residences at least one time per week and shall be on the same day as one of the collection days for solid waste. Collection shall begin no earlier than 6:00 a.m. and cease no later than 6:00 p.m.. Vegetative waste shall be placed adjacent to the pavement or traveled way of the street. Residents shall bag or box loose vegetative waste and bundle larger items if posm~ole. In the event of a dispute between the Contractor and a customer as to what constitutes vegetative waste, the situation will be reviewed and decided by the City Manager or his/her designee, whose decision shall be final. (2) At the request of the City or at the request of a resident, the Contractor shall collect vegetative waste on a day other than the regular scheduled collection day at a cost to the resident equal to $11.50 per cubic yard. The Contractor shall collect the entire cost of this additional special collection from the resident in advance of this additional collection service. Upon receipt of payment, the Contractor shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between the Contractor and the resident regarding the amount of trash collected, the charge or liab'~ity of the resident for the additional collection services shall be submitted to the City Manager or his designee for resolution. The decision of the City Manager as to the amount of the charge shall be binding upon the Contractor and the resident. Section 51.25 BULK TRASH (1) Bulk trash shall be collected from residences within the City no more than once per week. The bulk trash pickup day shall coincide with the first refuse collection day, which shall be a Monday, Tuesday or Wednesday of each week. -9- ORD. NO. 33-96 (2) At the request of the City or at the request of a resident, the Contractor shah collect Bulk Trash on a day other than the regular scheduled collection day at a cost to the resident equal to $22.00 per cubic yard. The Contractor shall collect the entire cost of this additional special collection from the resident in advance of this additional collection service. Upon receipt of payment, the Contractor shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between the Contractor and the resident regarding the mount of trash collected, the charge or liability of the resident for the additional collection services shall be submitted to the City Manager or his designee for resolution. The decision of the City Manager as to the amount of the charge shall be binding upon the Contractor and the resident. CONTAINERS AND RECEPTACLES Section 51.35 CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL SITES. Except as otherwise provided for or due to the type of garbage and trash service designated by the City for the subject property, it shall be unlawful for the owner of any real property in or from which litter is accumulated or produced to fail to provide, and at all times to keep in a suitable place readily access~'ole to the City collection crews or private collection agencies, adequate and suitable receptacles and containers capable of holding all waste materials which would ordinarily accumulate between the times of successive collections. All containers and receptacles as required shall be of safe construction and design and shall be maintained in good serviceable condition at all times. Any receptacles or containers which do not conform to the provisions of this chapter, or which have ragged or sharp edges or any other defects likely to hamper or injure the person collecting the contents thereof or the public generally, shall be promptly replaced upon notice. The City Manager or his designee shall determine the quantity and location of receptacles and determine whether the receptacles and containers are serviceable. Section 51.36 APPROVAL OF CONTAINERS. Coa~age cans, and yard and garden trash containers, shall be of a size, style, and design as have been approved by the City Manager or his designee for the acomztlation, deposit, and storage, respectively, of all garbage and trash. Section 51.37 USE OF OTHER UNITS AND CONTAINERS. Customers who, upon the express and sole approval of the City, elect to use roll- o~Fstationary compactor units and compactor containers or like construction/bulk containers/ compactor equipment may be excluded from regular collection by the City or its' Contractor, subject to the provisions of Sec. 51.16. Section 51.38 UNDERGROUND CONTAINERS PROHIBITED. -10- OP, D. NO. 33-96 Containers partially or totally below the surface of the ground are prohibited except as to those containers in use on July 3, 1975. Garbage in those containers partially or totally below the surface of the ground must be placed in plastic bags. Section 51.39 MAINTENANCE OF CONTAINERS. It shall be the responsfoility of the users of garbage and yard trash containers furni~ed by the City or the Contractor to clean and maintain those containers in a sanitary condition. Section 51.40 PLACEMENT OF CONTAINERS ANI) TRASH; PRECOLLECTION PRACTICES. (A) Blockage of storm drains. It shall be unlawful for any person to place any refuse, trash, refuse receptacles, or containers on, upon, or over any storm drain or so close thereto as to be drawn by the elements into the storm drain. (B) Dangerous trash Rems. It shall be unlawfifl to place dangerous trash items and all waste materials of injurious nature in containers unless they are securely wrapped so as to prevent injury to the collection crews and others. Dangerous trash and waste materials shah include, but shall not be limited to, broken glass, light bulbs, sharp pieces of metal, fluorescent tubes, and television tubes. (C) Hazardous refuse. It shah be unlawful to place hazardous refuse in any receptacle used for collection by the City. (D) Household trash. It shall be unlawfifl to place household trash which has not been drained of ali liquids in refuse receptacles. Household trash may be combined with garbage or yard trash. Any items of household trash which are too large for receptacles and cannot be reduced to a size which can be placed in a receptacle may be placed with yard trash no earlier than 5:00 p.m. on the day preceding the collection date for that material, provided those items are covered or secured so as to avoid unsightly litter conditions. Any receptacle placed at curbside must be removed by 7:00 p.m. on the day of collection. (E) Liquid garbage. In order to prevent spillage, garbage which contains liquids must be wrapped, bagged, or otherwise enclosed in plastic containers for collection. (F) Mechanical containers. (1) Placement of containers emptied by mechanical means shall be determined by the City Manager or his designee. The following materials shah not be permitted to be placed in those containers: (a) Tires. (b) Motor vehicle parts. (c) Carpet or padding larger than three feet by three feet. (d) Metal pipe in excess of 1/2-inch by three feet. -1 1- ORD. NO. 33-96 (e) Construction or building materials. (0 Wood in excess of one inch by two inches by three feet. (2) It shall be unlawfifl for anyone to place or maintain materials or place any vehicle under their control, whether temporarily or permanently, so as to block access to any mechanical container. (3) The use of or the depositing of any garbage or trash into mechanical containers shall only be by those persons, entities, or customers to whom mechanical containers are assigned or who are paying for those mechanical containers. (G) Refuse. It shall be unlawful for anyone to fail to place and maintain refuse in containers as specified herein. All containers shall be kept covered at all times with tight-fitting COVerS. (H) Yard and garden trash. It shall be unlawful to store yard trash in receptacles or containers except as herein described. Yard and garden trash may be combined in a receptacle for garbage collection provided the contents of those receptacles or containers shall not extend above the dm thereof; and shall be contained by tight-fitting lids or sealed enclosure to prevent the carrying or depositing thereof by the elements upon any street, sidewalk, or public or private property. Yard and garden trash shall be placed only near the edge of the roadway adjacent to the property from which it was generated. Yard and garden trash for collection shall be placed at the required location no earlier than 5:00 p.m on the day preceding the collection date. (I) Recycling containers shall be placed beside the curb adjacent to the roadway no earlier than 5:00 p.m. on the day preceding the collection date for the material, provided those items are covered or secured so as to avoid unsightly litter conditions. Any container placed at curbside must be removed by 7:00 p.m. on the day of collection. Section 51.41 PREPARATION OF GARBAGE ANI} TRASH. (A) All wet garbage matter shall be wrapped in paper or disposable containers before being placed in garbage containers. All garbage, after having been so wrapped and drained of all liquids, shall be daily deposited in the garbage containers herein required. Tin cans, bottles, and other containers shall first be drained of all liquid and shall be deposited in garbage or recycling containers. (B) Trash shall be placed in trash containers whenever practicable. All trash shall be so prepared and contained so as not to be blown about by the wind. Section 51.42 CONTAINERS TO BE COVERED. All garbage and trash containers shall be kept tightly covered at all times, except as it is necessary to remove the cover for the purpose of depositing garbage or trash in the container or when collection is being made. Section 51.43 USE OF RECEPTACLES BY OTHER PERSONS. -12- ORD. NO. 33-96 It shah be unlawfifl for persons to use receptacles, containers, roll-out carts owned or assigned to other persons without the express permission of that person. Section 51.44 DEPOSIT OTHER THAN IN APPROVED CONTAINER. bio person shah place or keep garbage or trash anywhere within the City in any vessel or receptacle other than in a standard, approved garbage or trash container from which regular collections are made or from approved containers for excess materials. Section 51.45 CONSTRUCTION AND DEMOLITION SITES. (A) It shall be ,mlawful for any construction or demolition contractor to fail to provide onsite suitable receptacles, bulk containers, or detachable containers for loose debris, paper, building material waste, scrap building material, and other trash produced by those working on the site. All material shall be containerized by the end of each day, and the site shah be kept in a reasonably clean and litter-free condition. The number of receptacles, b~flk containers, or detachable containers shah be determined by the City Manager or his designee. Construction sites shah be kept reasonably clean and orderly at ah times. (B) Where concrete or any other substance permanently affixes itself to the road surface, eansing the surface to be uneven, it shall be immediately removed by persons responsible. The term "Responsible Person" used in this section shah mean the driver of the vehicle which deposited the substance onto the street, his employer, the owner of the real property, or the prime contractor in charge ora construction site from where the substance originated. Section 51.46 LOADING AND UNLOADING AREAS. It shall be unlawful for any person maintaining a loading or unloading area to fail to provide suitable receptacles for loose debris, paper, packaging materials, and other trash. The number of containers necessary for each area shall be as required to maintain clean, neat, and sanitary premises as directed by the City Manager or his designee. Section 51.47 PARKING LOTS. All commercial and public parking lots having more than 100 spaces shall have refuse receptacles distributed within the parking area. The City Manager or his designee shah have the authority to determine the number of receptacles necessary to provide proper containerization. All receptacles shah be weighted or attached to the ground as necessary to prevent spillage. It shah be the responsibility of the owner of the parking lot to provide the necessary receptacles and to collect the refuse and trash deposited in those containers and store this material in an approved location for collection. SPECIAL REFUSE DISPOSAL PROBLEMS Section 51.55 ASHES. -13- ORD. NO. 33-96 It shall be unlawful to phce ashes or live coals in containers unless those ashes or coals have been wetted and are cool to the touch prior to placement in the container. Section 51.56 CONTAGIOUS DISEASE REFUSE AND HYPODERMIC NEEDLES. (A) It shall be unlawful to remove clothing, bedding, or other refuse from homes or other places where highly contagious diseases have prevailed unless performed under the supervision and direction of the County Health Department. This refuse shall not be placed in containers for City collection. (B) It shall be unlawful for any person to dispose of or discard any hypodermic syringe, hypodermic needle, or any instrument or device for making hypodermic injection before first breaking, disassembling, destroying, or otherwise rendering inoperable and incapable of reuse, that hypodermic syringe needle, instrument, or device, and without safeguarding the disposal thereof; by wrapping or securing same in a suitable manner so as to avoid the possibility of causing injury to the collection personnel or other persons. Section 51.57 OUT-OF-TOWN REFUSE] TRANSFER STATION. It shall be unlawful for any person or agent to deposit any form of refuse collected outside of the City limits at any place within the City limits other than at the transfer station. Section 51.58 OFFENSIVE DEPOSITS; BURYING AND DEPOSITING IN WATERWAYS. No person shall deposit on or bury in, or cause to be deposited on or buried in, any land, public square, street, alley, vacant or unoccupied lot, or any creek or watercourse any noxious, filthy, malodorous, or offensive liquid or solid material, garbage, or trash. Section 51.59 RECYCLING BINS AND CONTAINERS. It shah be unlawful for any unauthorized person or agent to remove articles or to otherwise disturb materials in the City's recycling bins or to remove, dsmage, or destroy these recycling bins. It shall be unlawful for any unauthorized person or agent to remove articles or otherwise disturb materials in curbside recycling containers, or to remove, dsmage, or destroy curbside recycling containers. RATES AND CHARGES Section 51.70 REGULAR CIIARGES LEVIED. The following service charges or fees are levied for collection service: Charges for the below-described collection service shah be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73: -14- ORD. NO. 33-96 (A) Residential (Single-Family) Curbside Rollout Carts Monthly Service Cost Per Unit Garbage Collection 2.51 Recycling 1.40 Yard Trash 1.30 Bulk Trash 0.20 Total Fees -Contractor 5.41 Cart Replacement 0.90 Admini~rative Fee 0.35 Franchise Fees (5%) 0.27 Total Fees 6.93 Reardoor Owner Container* Monthly Service Cost Per Unit Garbage Collection 7.85 Recycling 1.40 Yard Trash 1.30 Bulk Trash 0.20 Total Fees -Contractor 10.75 Admini~rative Fee 0.35 Franchise Fee (5%) 0.54 Total Fees 11.64 Curbside Disposable Bags ** Monthly Service Cost Per Unit Garbage/Trash Collection 1.55 Recycling 0.85 Total Fees -Contractor 2.40 Administrative Fee 0.35 Franchise Fee (5%) 0.12 Total Fees 2.87 -15- ORD. NO. 33-96 * This reardoor service shah only be provided to residential areas located East of the lntracoastai Waterway and Sherwood Park. ** This curbside disposable bag service shah only be provided to residential areas located at Imperial Villas and Country Manor. (B) Residential (Multi-Family) Multiple-family dwelling units containing five units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of hck of suitable space for a mechanical container or other good reason. Multi-fnmily monthly fees shah contain a container charge and a per ,nit charge. Multi-Family Rates Container Monthly Maintenance Charge Container Size Monthly Cost Franchise Fee Total Container Fees 2 yd. 19.40 1.94 21.34 3 yd. 21.44 2.14 23.58 4 yd. 22.21 2.22 24.43 6 yd. 25.53 2.55 28.08 8 yd. 27.09 2.71 29.80 Collection & Haulin~ Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection 1.35 Recycling 0.80 Total Per Unit Fees-Contractor 2.15 Admini~trative Fee 0.35 Franchise Fee (10%) 0.22 Total Monthly Fees Per Unit 2.72 (C) Commercial (1) Commercial customers shah use mechanical containers and commercial refuse container service. Commercial customers shall include, but not be limited to, all office buildings, stores, filling stations, service establishments, light industry, schools, churches, clubs, -16- ORD. NO. 33-96 lodges, motels, laundries, hotels, public buildings, food service, and lodging establi.~hments. Commercial customers may use any of the following containers for accumulation of refuse: (a) Commercial refuse containers. The City shall require any commercial customer needing more than six refuse containers to use mechanical containers, if feasible. (b) Mechanical containers. (2) The owners/operators of commercial establighments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractors, and which are convenient for collection by the City or its contractors. (3) Containers emptied by mechanical means shall be provided by the City or its contractors. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractors, but not less than one day a week nor more than six days a week. (4) Commercial customers needing less than six refuse containers, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container shall also be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractors and the customer. The charge shall be based upon the following for such garbage and trash services: Commercial Rates Container Pickup Frequency Container size 1 2 3 4 5 6 2yd Collection $ 8.76 $17.50 $ 26.26 $ 35.02 $ 43.76 $ 52.52 Disposal $13.35 $ 26.69 $ 40.04 $ 53.39 $ 66.73 $ 80.08 Container Maintenance fee $19.40 $19.40 $19.40 $19.40 $19.40 $19.40 Total- Contractor Fees $ 41.51 $ 63.59 $ 85.70 $107.81 $129.89 $152.00 Franchise Fees- 10% $, 4.15 $ 6.36 $ 8.57 $10.78 $12.99 $15.20 TotaiFees $ 45.66 $ 69.95 $ 94.27 $118.59 $142.88 $167.20 Collection $13.13 $26.26 $39.39 $52.52 $65.65 $78.78 3yd Disposal $20.02 $40.04 $60.06 $ 80.08 $100.10 $120.12 Container Maintenance fee $ 21.44 $ 21.44 $ 21.44 $ 21.44 $ 21.44 $ 21.44 Total- Contractor Fees ~.54.59 $ 87.74 $120.89 $154.04 $187.19 $220.34 Franchise Fees- 10% $ 5.46 $ 8.77 $ !2.09 $15.40 $18.72 $22.03 Total Fees $ 60.05 $ 96.51 $132.98 $169.44 $205.91 $242.37 Collection $17.50 $35.02 $52.52 $70.02 $87.54 $105.04 4yd Disposal $ 26.69 $ 53.39 $ 80.08 $106.77 $133.47 $160.16 Container Maintenance fee $ 22.21 $ 22.21 $ 22.21 $ 22.21 $ 22.21 $ 22.21 -17- ORD. NO. 33-96 Total - Contractor Fees $ 66.40 $110.62 $154.81 $199.00 $243.22 $287.41 Franchise Fees (10%) $ 6.64 $11.06 $15.48 $19.90 $24.32 $28.74 TotalFees $ 73.04 $121.68 $170.29 $218.90 $267.54 $316.15 Collection $26.26 $ 52.52 $ 78.78 $105.04 $131.30 $157.56 6 yd Disposal $ 40.04 $ 80.08 $120.12 $160.16 $200.20 $240.24 Container Maintenance fee $ 25.53 ,$ 25.53 $ 25.53 $ 25.53 $ 25.53 $ 25.53 Total - Contractor $ 91.83 $158.13 $224.43 $290.73 $357.03 $423.33 Franchise Fees (10%) $ 9.18 $15.81 $22.44 $29.07 $35.70 $42.33 Total Fees $101.01 $173.94 $246.87 $319.80 $392.73 $465.66 Collection $ 35.02 $ 70.02 $105.04 $140.06 $175.06 $210.08 Syd Disposal $ 53.39 $106.77 $160.16 $213.55 $266.93 $320.32 Container Maintenance fee $ 27.09 $ 27.09 .$ 2.7.09 ,$ 27.09 ,$ 27.09 $ 27.09 Total - Contractor $115.50 $203.88 $292.29 $380.70 $469.08 $557.49 Franchise Fees (10%) $11~55 $20.39 $29.30 $38.07 $46.91 $55.75 Total Fees $127.05 $224.27 $321.59 $418.77 $515.99 $613.24 9S-Gallon Cart Service Pick-ups per week, Monthly Charge * Franchise Fee Total Fee (Month) I $ 26.15 $ 2.62 $ 28.77 2 $ 50.87 $ 5.09 $ 55.96 3 $ 77.02 $7.70 $ 84.72 4 $102.46 $10.25 $112.71 5 $127.90 $12.79 $140.69 6 $152.63 $15.26 $167.89 · These rates include collection and container maintenance fees. Note: The foregoing rates are based on $23.00 per ton ($1.54 per cubic yard), which is the antidpated Solid Waste Authority tipping fee to be effective October 1, 1996. (D) The charges set forth above for mechanical containers and commercial refuse container service shall accrue and be payable on the total capacity of the container whether or not it is full. Containers of the type and size designated by the City or provided by the City's Contractor shall be used. Where more than one user is serviced by one container, the monthly charges shall be levied to each customer by dividing the total monthly cost by the number of customers using that container. The term "CUSTOMER" as employed herein is any person using the service or to whom the service is available. Even if the customer is different from the person who is actually billed for or pays for the service, the minlml~m monthly charge referred to above shall be calculated as to each customer. SECTION 51.71 PAYMENT AND BILLING: (A) Compensation: The City shall pay the Contractor compensation for the performance of the Contract, the stuns due as set forth in Section 51.70, subject to any conditions or deductions as provided under the Contract. Contractor shall submit an invoice by the 10th of each month for residential services rendered during the preceding month, and payments will be made to the Contractor within 30 days upon receipt and verification of the invoice submitted. -18- ORD. NO. 33-96 Multi-family and commercial services will be billed directly by the Contractor in accordance with the Schedule of Rates set forth in Section 51.70, subject to any conditions or deductions as provided under this Agreement. (B) Billing Procedures: Billing arrangements for the various service types are summarized as follows: Service Type Customer Billed By Solid Waste Collection Residential City Commercial and Multi-Family Contractor Vegetative Waste Collection Residential City Recyclable Materials Collection Residential City Commercial and Multi-Family Contractor Container Rental/Purchase and Container Special Services Residential City Commercial and Multi-Family Contractor On the first day of each month the Contract payment(s) for all services hereunder shall be adjusted to correspond with the occupancy of existing or new buildings, and the demolition of old buildings. The adjustment made on the first day of each month shall be for buildings either occupied or demolished during the second month preceding the adjustments; for example, any change which is made on June 1 of any year will be for buildings occupied or demolished in April of the subject year. Any existing ,nit shall be considered unoccupied whenever the City has temporarily terminated water service, at the customer's request only. Any new unit shall be considered to be occupied when a certificate of occupancy has been issued and water service has been provided to the unit's occupant(s). Proof of demolition shah be demolition permits issued by the Building Department. (C) Disposal Costs: Residential and multi-family solid waste disposal costs shall not be included with residential and multi-family collection service costs. Residential and multi-family disposal costs will be billed by the Solid Wast Authority of Palm Beach County by non-ad valorem assessment. The Contractor will be given a disposal credit for each residential unit as calculated by the Solid Waste Authority; however, the City shah not be responsible for disposal shortfall costs. Part of the commercial disposal costs will be billed by the Solid Waste Authority by non- ad valorem assessment. The non-assessment portion of the commercial disposal costs will be billed to the commercial customers by the Contractor. The Contractor shall pay the Authority for -19- ORD. NO. 33-96 all solid waste disposal costs incurred and not paid through non-ad valorem assessment. All commercial customers shall be serviced at least one (1) time per week for refuse and recycling and more frequently based upon the amount of refuse generated. All multi-family customers shall be serviced at least one (1) time per week for refuse and recycling, ffthe amount of refuse generated requires more than two (2) times per week collection, then the third (3rd) and all subsequent collections shall be charged the commercial collection rate only. The Contractor shall bill commercial customers the appropriate fees as set forth in Section 51.70: (1) Container Monthly Maintenance Charge; (2) the Container Monthly Disposal Charge; and (3) the Monthly Collection and Hauling Fees with a franchise fee as determined by the City added. The Contractor shall remit all franchise fees to the City on a monthly basis. The City shall not be responsible for any disposal shortfall costs; however, the charge for disposal to the customer shall increase or decrease in accordance with the charges of the Solid Waste Authority. The Contractor shall bill multi-family customers the appropriate fees as set forth in Section 51.70: (1) Container Monthly Maintenance Charge; and (2) the Monthly Collection and Hauling Fees with a franchise fee and administrative fee as determined by the City added. The Contractor shall remit aH franchise and administrative fees to the City on a monthly basis. The City ~haH not be responsible for any multi-family disposal shortfall costs. Section 51.72 METHOD OF BII,I,ING FOR CHARGES. The regular monthly charge as set forth in Sec. 51.70, or any additional charges for special, additional or unusual services shall be billed together with and as a part of the monthly statement issued by the City for water services, at the same time as all other charges, provided that garbage and trash collection service charges shall be itemized separately on that statement. However, the City's contractors shall bill the customers receiving mechanical containers and commercial refuse container service, as set forth in Sec. 51.70, the monthly service charges for that service, which may include a late fee in the amount of 1.5% of the unpaid balance for delinquent accounts receiving mechanical containers and commercial refuse container service, but that any delinquent bills shall in the alternative be referable to the City for collection pursuant to the provisions set forth in this chapter. Section 51.73 DELINQUENT PAYMENTS~ LIEN. Any bill remaining unpaid for a period of thirty (30) days after rendition shall be delinquent. A late fee shall be assessed by the contractor in the amount of 1.5% of the unpaid balance on delinquent customer accounts receiving mechanical containers and commercial refuse container service or the contractor may refer collection to the City pursuant to the provisions set forth in this chapter. If a delinquent bill is not paid, or a protest or appeal is filed (and later processed in accordance, generally, with the procedures set forth in Sec. 52.51) within eighteen (18) days, the City shall file a lien against the property and may pursue foreclosure of the lien, as in the case of a mortgage, as well as all other legal remedies available to it, the owner being responsible for all costs and attorney's fees. -20- ORD. NO. 33-96 Section 51.74 CHARGE WI~N PROPERTY UNIMPROVED. If water is being furni~ed the premises of any owner and there is no service furnished under this chapter because of no improvements or buildings on the premiss, no fee will be charged under this chapter. However, the failure of a tenant or owner of any premises to avail himself of the use of City water or collection service shall not relieve him ~om the payment of collection service charges. Section 51.75 PERSON BILLED FOR WATER SHALL BE RESPONSIBLE FOR CHARGES. The person or company in whose name water services are billed by the City shall be considered and declared to be for the purpose of the enforcement of this chapter responsible for the payment of those fees, rates and charges therefore, except that wherein no water service is rendered and collection service is requested or deemed necessary these fees shall be the responsib'flity of the owner or tenant of that property. All charges will continue whether or not the water meter is actually turned on or off and without regard to usage or occupancy, except when a customer requests temporary shut off of water services. Section 51.76 COLLECTION CHARGE FOR RETURNED CltECKS. In the event a check given to the City in payment of a utility bill for garbage and trash pickup services is not paid by the bank on which it is drawn, but instead is returned, the City shall assess a $25 service charge for each check so returned in accordance with the City's returned check policy established in Chapter 39 ofthi~ Code of Ordinances, and this charge shall be added to the utility bill. Section 51.77 UNBILLED PROPERTIES; REMEDIAL MEASURES. (A) The contractor is entitled to payment for services rendered to properties for each dwelling nnit within the City. ff it is discovered that dwelling units have not been billed for services rendered, then the City shall bill for the total of all monthly service charges due, retroactive to the date services started or the beginning of the fiscal year, whichever date is later. ThereaRer, service charges for such units shall be billed monthly as provided in Section 51.71. (B) Dwelling unit is defined in Appendix A, "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida. Section 51.98 VIOLATION. It shall be nnlawful for any person to neglect, fail~ or refuse to comply with and abide by any of the provisions oft/ds chapter. Cross-reference: Enforcement by Code Enforcement Board as supplemental method of enforcement, see Chapter 37 -21° ORD. NO. 33-96 Section 51.99 PENALTY. Any violation ofthi~ Chapter shall be governed by Section 10.99 "General Penalty". Section 2. That should any section or provision of thi~ 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 by and the same are hereby repealed. Section 4. That this ordinance shall become effective October 1, 1996. PASSED AND ADOPTED in regular session on second and final reading on thi.q the __ day of ,1996. MAYOR ATTEST: City Clerk First Reading Second Reading. -22- ORD. NO. 33-96 MEMORANDUM TO: David T. Harden City Manager FROM: Joseph ~ Director of F'il~_,) SUBJECT: Agenda Request for Item to be Placed on the City Commission Agenda of September 3, 1996 DATE: August 29, 1996 Attached is Ordinance Number 31-96 which provides for a 2% increase in the water rates for Fiscal Year 1996-97. This ordinance also amends ordinance language to remove the 12-month restriction for temporary service, eliminating redundant wording between two sections of the ordinance concerning late payment and providing language to clarify the amount to be paid before discontinued service will be restored. ~tached is Ordinance Number 32-96 which provides for a 2% increase in the sewer rates for Fiscal Year 1996-97. This ordinance also provides language to clarify under what conditions customers are required to pay for sewer service. I would request that Ordinance Number 31-96 and Ordinance Number 32-96 be placed on the September 3, 1996 City Commission agenda for approval. /sam Attachments OI~DINANCE NO. 31-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.02, "DISCONTINUING SERVICE AT REQUEST OF CUSTOMER", TO REMOVE THE 12-MONTH RESTRICTION FOR TEMPORARY SERVICE, BY AMENDING SECTION 52.18, "REMOVAL OF METERS WHEN SERVICE DISCONTINUED; TEMPORARY REMOVAL SUBJECT TO RETROACTIVE BILLS", TO REMOVE THE 12- MONTH RESTRICTION FOR TEMPORARY SERVICE, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION (B), "MONTHLY RATES", TO PROVIDE FOR AN INCREASE IN RESIDENTIAL, NONRESIDENTIAL AND IRRIGATION RATES, BY AMENDING SECTION 52.39, "OTHER FEES", SUBSECTION (D), "LATE PAYMENT", TO ELIMINATE REDUNDANT WORDING BETWEEN THIS SUBSECTION AND SECTION 52.52, BY AMENDING SECTION 52.52, "RESUMING SERVICE AFTER DISCONTINUANCE FOR DELINQUENCY", BY CLARIFYING THE AMOUNT TO BE PAID BEFORE DISCONTINUED SERVICE WILL BE RESTORED AND BY DELETING SUBSECTION (B) IN ITS ENTIRETY, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services rendered, the City Commission desires to more accurately reflect the payment for services provided for the rendition of water and sewer services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section I. That Chapter 52, "Water", Section 52.02, "Discontinuing Service at Request of Customer", is hereby amended to read as follows: Water will be cut off at any time requested by the customer and guarantee-of-payment deposit refunded upon settlement of all back charges incurred by the customer. However, water service bills shall continue during the time of any temporary cut-offs (!e:: *&~ !2 mznL~a), and shall be payable as set forth in Sections 52.30 and 52.50. Section 2. That Chapter 52, "Water", Section 52.18, "Removal of Meters when Service Discontinued; Temporary Removal Subject to Retroactive Bills", is hereby amended to read as follows: At the option of the Water Department, the water meter may be removed by the Water Department whenever water is cut off, either by request of the consumer or by the Water Department for nonpayment of charges, or for other reasons, and a service charge of $20 plus $60 for the actual costs of replacement shall be paid before water service is resumed. Any meter removed at the request of the consumer fzr !e~: *&~ a !2 mz~t~ ~eriz~, shall not discontinue billings for customer and capacity charges, and those charges may be billed retroactively for that service in a lump sum upon reinstallation of the meter ,~rt~ ~-:'~ :~" ^~'~ ~ ~"'~ Section 3. That Chapter 52, "Water", Section 52.34, "Water Rates", Subsection (B), "Monthly Rates", is hereby amended to read as follows: (B) Monthly rates. The monthly rates (except for fire hydrants as set forth in Sec. 52.03) for water furnished by the water facilities or plant of the City to customers within and outside the corporate limits of the City, which unless otherwise indicated shall include the appropriate customer charges, capacity charges, and commodity charges for all customers, are fixed as shown in the following schedule: Type of Customer Inside City. Outside Ci_ty Residential Customer charge (per $ !.55 $ 1.58 $ !.92 $ 1.97 meter) Capacity charge (charged to 7.52 7,77 9.52 9.72 all customers, per residential dwelling unit) Commodity charge (all metered consumption-per 1,000 gallons) Zero to 3,000 gallons ! .05 1.07 !.31 1.34 4,000 to 20,000 gallons I. ! 5 1.18 1.45 1.48 21,000 to 35,000 gallons !.25 1.29 ! .5°, 1.61 36,000 to 50,000 gallons !.27 1.40 1.71 1.74 Above 50,000 gallons ! .50, 1.61 -h¢7 2.01 Nonresidential and Irrigation Customer charge (per $ 1.55 $ 1.58 $ ~ $ 1.97 meter) Capacity charge (based upon meter size): 3/4-inch meter 7.~2 7.77 ~ 9.72 1-inch meter !2.73 12.98 4-54N- 16.23 1-1/2-inch meter 25.20, 25.89 3 !.72 32.36 2-inch meter ~9.63 41.44 59.70, 51.80 3-inch meter ~0,.95 90.73 4-t-h-I-9 113.41 2 ORD. NO. 31-96 4-inch meter 159.97 163.27 299.98 204.08 6-inch meter 555.72 362.84 ~. ~?..55 453.55 Commodity charge (all !. ! 5 1.18 1 .~. 5 1.48 metered consumption-per 1,000 gallons) NOTE: Whenever both residential and nonresidential users are on the same meter, the capacity charge is to be computed at the nonresidential rates. Section 3. That Chapter 52, "Water", Section 52.39, "Other Fees", Subsection (D), "Late Payment", is hereby amended to read as follows: (D) Late Payment. In the event water use charges become delinquent and/or water services are discontinued by the city, a five dollar ($5.00) late pa.vment penal.ty will be charged to the account, sai~ :e~.'.:ce: :ha!! n~t be Section 4. That Chapter 52, "Water", Section 52.52, "Resuming Service Afler Discontinuance for Delinquency", is hereby amended to read as follows: (A) In the event city utility service charges become delinquent and/or said services are discontinued by the city as herein provided, said services shall not be restored until_..~" ,v._.~:~q,,... ~.._~,~' ..... the entire amount due plus the five dollar ($5.00) penalty for late payment and a twenty dollar ($20.00) reconnection charge are paid in full. If the present guarantee-of-payment deposit is less than the current schedule as set forth in Sec. 52.33, an additional guarantee-of-deposit shall be required so that the actual deposit held by the city shall be equal to the current guarantee-of-payment schedule. However, the city shall not refuse to accept an application for water service or to open a separate water service account because of an outstanding delinquent bill on the subject property which was not incurred by the applicant. 03) If, afler one full year from the date that the increased deposit was required to resume service after disconnection for a delinquency, there has been no additional nonpayment disconnection, the customer may request reduction of deposit to the current deposit rate as set forth in the schedule in Sec. 52.33. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon passage on second and Final reading. 3 ORD. NO. 31-96 PASSED AND ADOPTED in regular session on second and f'mal reading on this the day of ,1996. MAYOR City Clerk First Reading. Second Reading 4 ORD. NO. 31-96 COMPARATIVE RATE SURVEY ] for I The State of Florida I WATER AND SEWER RATES I Sponsored by THE FLORIDA LEAGUE OF CITIES 201 West Park Avenue P. O. Box 1757 Tallahassee, Florida 32302-1757 (904) 222-9684 DMG DAVID M. GRIFFITH & ASSOCIATES, LTD. Professional Services for the ,Public Sector 1621 Metropolitan Blvd. Suite 201 Tallahassee, Florida 32308 (904) 386-3599 Florida League of Cities, Inc. 201 West Park Avenue P. O. Box 1757 Tallahassee, Florida 32302-1757 (904) 222-96S4 (904) 222-3806 - FAX Raymond C. Sittig, Executive Director Ken Small, Director of Economic Research The Florida League of Cities, as the official organization of the cities, towns and villages of Florida, strives to promote the effective improvement of local government, encourage mutual assistance in the solution of municipal problems and provide a medium to exchange ideas and experiences in successful methods of local administration. Furthermore, the League is strongly committed to the advancement of municipal education and increasing a greater civic consciousness among the citizens of Florida. David M. Griffith & Associates, Ztd~ (DMG) Florida Office 1621 Metropolitan Blvd. Suite 201 Tallahassee, Florida 32308 (904) 386-1101 (904) 386-3599 - FAX Robert Sheets, Vice President DMG is a company of seasoned financial consultants, management consultants, engineers, and specialists who have successfully completed numerous engagements for public sector clients. DMG was founded in 1976 to provide consulting services for public sector agencies. As the leading financial consulting firm to local governments, DMG is dedicated to providing innovative, high quality and cost effective services. DMG has a division of consultants who specialize in the local government environmental/utility industry. Our services include all the financial and management aspects facing local governments. DMG services are categorized as follows: · Financial Consulting - rate and impact fee studies, indirect cost allocation studies, feasibility studies, and capital improvement program funding studies. · Planning Consulting - strategic and privatization studies, institutional/multi-jurisdiction studies and long-range financial planning studies. · Management Consulting- operational analysis, implementation assistance, policies and procedures, construction program review and merger/acquisition analyses. DMG prides itseIf on developing speciality skills for the local government environmental and utility industry. Our breadth of experience enables us to remain current with federal and state laws affecting our clients and to develop analytical tools such as the Utility Rate and Forecasting Model (URFM) computer ~oftware which allows our consultants to concentrate on the technical issues instead of data manipulation A more detailed description of DMG services can be found on the inside back cover. DAVI~ M. GRIFFITH & ASSOCIATES, L'r~. FL..~RIDA LEAGUE OF CITIES, INC. COMPARATIVE RATE SURVEY - RESIDENTIAL WA TER BILLS MINIMUM BILL WA'~EI~ BILLS AT VARIOUS CONS. LEVELS W. Rates I Water " I Water $$ GALS. 5,000 10,000 15,000 20,000 25,000 Last IRate ENTITY (2)I Conn. (3) BILL INCL. : Gallons Gallons Gallons Gallons Gallons Changed Struc. I Alachua ' CI 1 ~500 G 7.30 3r000 9.50 15.00 ..20-50 26.00 31 50 Aug/94 FL 2 Appalachicola CI 1,470 G 7.00 1,000 i2.00 18.75 24.50 30.75 37.00 Oct/88 FL 3 Archer " Cl 562 G 7.00 3,000 11.50 22.75 ' 34.00 '"45.25 56.50 Oct/94 FL 4 Atlantis Cl 1,243 G 15.07 0 21.57 28.07 34.57 ~ 41.07 47.57 Feb/93 FL 5 Auburndale Ct 6~949 G ' ' 7.25 6~000 7,25 11.65 17.15 '23.90 .30.65 Sep/90 6 Baldwin TO 677 G 5.50 4~000 6.10 10.06 13.06 16.06 19.06 OctJ89 DB 7 Bartow Cl 6,905 G 3.851 5~000 3.85 11.35 18.85 26.35 33.85 Oct/93 FL 8 Bay County CO 398 G 7.83 0 13.33 18.83 24.33 .... I 29.83 . .35.33 Ocb'94 FL 9 Bay Harbor Islands T~O 700 G 9.80 5,000 10.50 21.00 31.50 42.00 52.50 Sep/94 FL 10 Belle Glade,.,, ' 5~.956 G 8.61 2~000 14.22 23.57 ' 32.92 42.27 51.62 Oct/89 FL 11 Belleair TO 1,483 G' 6.30 4,500 6.30 7.25 12.03 16.80 21.58 Oct/93 IV 12 Belleeir Beach (1) .. i Cl m G 5.52 2~000 6.40 10.80 15.20 19.60 24.00 Oec189 FL 13 Belleview : Cl 2~117 O 4.27 1 ~000 9.27 16.27 23.77 31.27 38.77 Jan/93 IV 14 Blountstown Cl 1,381 G 4.63 3,000 6.63 11.63 16.63 21.63 26.63 Oct/91 FL 15 Boca Raton Public Utilities i Cl 32~078 G 5.80 0 6.67 7.55 8.42 9.30 10.17 Oct/89 IV . 16 Bowling Green !CI 739 G 7.00 4,000 8.50 16.00 23.50 31.00 .38..50 Oct~94 FL 17 Boynton Beach i CI 26,192 G 6.65 3~000 9.81 18.12 27,17 36.97 46.77 Jan/93 IV 18 Bradenton CI .14,021 G 10.61 3~000 14.09 22.29 31.49 40.19 48.89 Jun/82 FI. 19 Brooksville Cl 5,260 G 11.00 ~ 3,000 13.00 18.00 23.00 I 28.00 33.00 May/87 FL 20 BrowardCounty i CO 49,863 G 4.20 0 11.75 18.26 31.13 46.28 I 61.43 Oct/94 IV 21 Bushnell !'Cl' 900 G 5.75 0 15.70 25.~5 " 36.20 46.45 i 55.70 Jan/92 I~' - 22 Callaway [_CI_ 5,053 G ' 5.76; 3,000 9.22 17.87 23.63, 35.17: 43.82 Jul/94 FI.' 23 Cape Coral CI 28,152 G 7.65 0 16.40 26.40 39.40 54.40; 70.40 Oct,91 24 Carrabelle !.Cl. 640 G 7.00 3.,000 11.13 18.16 23.61 29.06 _ 34.51 Sep/94 DB ;25 Casselberry CI 14~670 G 4.50, 0 9.25 14.00 18.75 23.51 29.46 Oct/g4 IV 26 Centu~ . TO 850 G 7.55. 1,500 13.60 20.40 25.90 31.40. 36.90 May/90 DB 27 Charlotte : CO' 30,926 O 13.00 0 29.15 45.30 61.45 77.60 93.75 Jan/95 IV .28 Chattahocchee !Cl lt.195 G 3.001 0 5.60 8.20 10.80 13.40 -- 16.00 Aug/92 FL_. 29 ' Chiefland !CI 925 G 10.00. 4,000 10.75 14.50 18.25 22.00. 25.75 Oct/90 FL 30 Chipley = CI 1 ~791 'G 4.00 2,000 8.95 16.70 23.95 31.20 38.45 Oct/93 DB 31 Clearwater CI 33~452 C 6.12' 400 10.20 21.29 35.94 50.59 65.24 Nov/92 IV 32 Clermont . . CI 2,934 G 4~85 3,000 ~ 7.05 12.55 18.05 23.551 29.05 Oct/94 FL 33 Clewiston CI 3,502 G 3.00, 0 15.50 28.00 40.50 i 53.00 I 78.00 Feb/86 D8 34 Cocoa CI 54,000 G 5.62 0 10.42 15.2'~ 20.52! 25.82 31.12 - Jan/94 iV 35 Cocoa Beach (1.)" 'Cl -- G 7.031 0 13.03 19.03 25.63 32.23 38.83 Jan/94 IV ' 36 Coconut Creek C'I 6 603 G 5.63, 0' ' 12.63 19.93 26.63 I 33.63 40.63 Oct/92 ' " FL 37 Coil.let County Utilities Division : CO 46,300 G 1'~,.20; 0 22.95 31.70 42.70 53.70 67.45 Sep/91 IV 38 Cooper City !Cl 9,058 G 7.33 0 16.78 26.23 35.68 45.13 54.58 Jan/88 FL 39 CoraISprings . . i C! 10~418 G 13.59 ~ 0 18.24 23.47 29.57 i 35.67 41.77 Oct/92 IV 40 Crestview CI 5,102 G 7.50~ 3,000 10.30 17.30 24.30 30.10 35.60 Sep/90 DB 41 Crystal River , CI 2 586 G 5.25 0 15.25 25.25 35.25 ! 45.25 55.25 Jan/88 FL 42 Dade City ~Cl 4,200 G 10.40 4,000 11.88 19.28 26.681 34.08 41.48 Jun/93 FL 43 Davenport CI 1,205 G 6.75~ 3,000 8.35 12.35 16.35 ~ 20.85 25.35 Oct/g4 IV 44 Davie TO 7,204 G 11.24 ! 0 19.99 28.74 37.49 46.24 54.99 Nov/94 FL 45 Daytona Beach iCI 23~472 G 5.98' 1,000 13.90 23.80 33.70 43.60 53.50 Oc[/94 FL 46 Daytona Beach Shores- North (1) Cl -- G 5.98, 1,000 13.90 23.80 33.70 43.60 i 53.50 Oct/94 FL 47 Daytona Beach Shores - South (1) CI -- G ~.00 2 000 14.70 27.20 39.75, 52.25: 64.75 Dec/94 IV 48 Deerfield Beach Cl 29,537 ! G 6.56 0 '11.61 17.18 23.39 29.94 36.49 Sep/92 IV 49 Defuniak Springs Cl 2~141 (~ 7.00 2,000 11.50 19.00 '25.50. 34.00 41.50 Jun/94 FL '- 50 Deland CI 12,503 ~ G 5.80 0 10.55 15.30 20.05 24.80 29.55 Oct/90 FL .5~1_ Delta Beach ..... CI 16,960 G 9.17 0 14.64 20.44 __ 26.24 ~32.______04 . 3_.~8.3~4 Notes: (I) - Water service or sewer service supplied by different entity. (2) - CI -- City, TO = Town, CO = County, AU = Authority, WC = Water Corporation (3) - C = meters read in cubic feet. Measurements based on cubic feet have been converted into gallons. G = meters read in gallons. (5) - Sewer provider only Rate structures: DB -- Declining block commodity rate structure FL = Flat commodity rate structure with only one block IV = Inverted block commodity rate structure F1 = Fiat rate per household with no volume basis NR = No response or incomplete response HIGHEST BILL 20.00 6000 31.00 51.80 105.77 139.07 172.37 LOWEST BILL .76 -- 3.85 6.18 8.42 9.30 10.17 AVERAGE OF SAMPLE 7.11 1400 12.07 19.71 28.21 37.25 46.27 (c) - David M. G#fflth & Associafes, Ltd. May, 1995 May be reproduced with permission from DMG and if DMG authorship is acknowledged. D~. /D M. GRIFFITH & ASSOCIATES, .TD. FLORIDA LEAGUE OF CITIES, INC. COMPARATIVE RATE SURVEY- RESIDENTIAL WATER BILLS MINIMUM BILL WATER BILLS AT VARIOUS CONS. LEVELS I W. Rates Water ¥~/ater '$$ GALS. $,000 10,000 16'~000 20,000 26,0001 Last Rate ENTITY (2) Conn. (3) BILL INCL. Gallons Gallons Gallons Gallons Gallons. Changed Struc. 52 Dunedin CI 11~535 G 3.00 0 12.00 25.50 39.00 52.50 72.75 Oct/94 ' IV 53 Eagle Lake CI 999 G 8.50 3,000' 12.50 17.25 23.50 29.75 36.00 OCL/94 FL Eatonville TO 608 G 6.25 3,000 8.35 13.60 18.85 24.10 29.35 -- FL Eacambia County Utilities Authority CO 69,950 G 5.15 0 10.25 16.35 20.45 25.55 30'.65 Oct/94 FL Euatla Cl 8,496 G 9.85 3~000 12.83 20.28 27.7~3 35.18 42.63 Jun/93 57 Florida Keys Aqueduct Author~ WC 40,277 G 10.16 2,000 25.90 51.80 80.70 111.60 b._. 142.5_____~0 ~ ocli89 FL 58 Fo~t Lauderdaie Cl. 53,687 G 3.46 0 10.41 17.36 24.31 31.26 38.21 Oct/94 IV 59 Fret Meade Cl 2,498 G 7.50 3.~000 9.70 15.20 20.70 26.20 31.70 Jul/94 ---F--L 60 Fort Myers CI 12,022 G 4.90 0 16.46 28.71 40.96 59.46 '- '~7.96 OCF94 IV 61 Fo~t Pierce . . Cl 13 652 G 10.50 3,000 13.54 21.14 30.641 42.04 53.44 Feb/94 IV 62 Fo~tWalton Beach CI 9~622 G 5.50 4~000 6.70 12.70 19.201 25.70 -- 32.20 Oct/g3 -'1~ 63 Fruitland Park CI 1,195 c 9.00 500 10.22 15.09 19.96 24.83 29.70 Aug/94 FL 64 Galnesvilie Regional UtiL - Winter CI 47,481 G 3.00 0 7.95 12.90 17.85 22.80 27.75 Ocli93 - 65 Galnesvilie Regional Util.. Summer CI 47,481 G 3.00 0 7.95 13.20 19.65 ~ 26.10 32.55 Oct/93 IV 66 Graceville CI 1 ~031 G 3.00 1,500 6.85 12.35 17.85; 23.35 28.85 Jul/92 FL 67 Green Cove Springs CI 2,140 G 4.95 2,000 9.15 18.95 23.90, 32.15 - 40.40 Oct/93 IV 68 Gretna CI 547; G 9.50 3~000 12.50 20.00 27.50 35.00 42.50 Oct/94 FL 69 Gulfport icl 5,669 G 6.30 .2,000 15.75 31.50 47.25, 63.00 i 78.75 Oct/90 'FL 70 Haines C~ .. CI 4,878 G 4.00 3,000 8.40 12.40 19.90, 27.40 _..36.80 71 Hallandale Cl 8,2001 G 7.55 0 12.10 17.15 25.15 I 33.15 41.15 Oct/93 IV 72 Havana ~TO 1~302 i G 6.00 0 11.00 16.00 21.00 26.00 31.00 Oct/92 FL 73 Hernando County Utilities CO 16,127 G 8.50 3,000 10.50 15.50 21.00 28.50 36.00 Jul/94 IV '74 Hlaleah CI 50,309 G 0.76 0 7.21 13.66 20.11 26.56 33.01 Oct/94 FL 75 High Springs CI 1,500 G' 9.00 3,000 12.10 19.85 27.50 35.00 42.50 Dec/90 DB 76 Highland Beach TO 3,647 ~ G 3.00 0 5.38 7.75 10.13 12.50 15.22 Oct/91 IV 77 Hillsboro Beach TO 196 G 13.00 2,000 15.70 20.20 24.70 29.20 33.70 Sep/94 78 Hillsborough Co. Public Utilities CO 90,720 G 6.50 0 16.50 26.70 37.20 49.45 65.20 0ct~94 79 Holly Hil! CI 5,677 G 7.23 2 000 .17~.16 33.71 50.26 66.81 83.36 Oct/92 - 80 Homestead Cl 5,608 G 4.91 0 8.24 11.57 14.~0 18.23 21.56 oct/94 FL 81 Indian Rocks Beach (1) ' ' Cl ~ G 5.52~ 2,000 6.40 10.80 15.20 19.60 24.00 Dec/B9 FL 82 Inglis Water Department TO 626 G 15.00; 3,000 19.50 "31.;/5 44.25 56.75 ' 69.25 Jan/91 IV 83 Interlachen TO 350 G 10.50; 3,000 14.00 22.75 31.50 40.25 49.00 Apr/93 FL 84 Inverness CI 3,528 G 5.82' 1,000 ,.. 10.50 16.35 22.20 28.05 33.90 Ocli94 FL 85 Island Water Association, Inc. AU 4 268 G 11.00 ' 0 25.15 41.90 61.40 83.65 108.65 _Sap/94 IV 86 Jacksonville- Summer CI 150747 C 6.70' 0 9.40 12.55 - 16.30 19.72 24.25 i Apr/94. I-~ 87 Jacksonville-Winter CI 150,747 C 6.70~ 0 9.40 12.55 16.30 19.72 24.25! _Ap?/94 IV 88 Jacksonville..Beach CI 7,578 G . 5.87, 0 i4.17 27.67 105.77 :139.07 172.371 Oct/94 IV 89 Juno Beach- Midtown (1) TO m G 9.12 0 15.42 21.72 28.02 34.32 40.62' Ma~//94 FL 90 Juno Beach - Southtown [1} TO ~ G 11.75 0 13.65 23.55 35.45 47.35 59.25 ~' ~lun/94 91 Jupiter TO 17,500 G 9.12 0 15.42 21.72 28.02 34.32 ~-"~'F 92 Labelie Cl 1,878 G 7.67 0 14.47 21.27 ---28.07 I - -3-~.87 1~'~ .~ 1 Decl9~ 93 Lad)' Lake TO 1,365 G 8.64 0 17.75 28.85 40.85; 52.85 64.85 94 Lake Butler Cl 700 G 8.47 . 3 000 1 i .49 19.04 26.59 ! 34.14 -- 4'~.6§ - Feb/93 '-'~-'~ 95 Lake City '" ICl ' 6',350 G 7.03 4,000 7.81 11.73 15.64 19.56 23.47 _ Sap/93 96 Lake Clarke Shor~s I TO 697 G 16.25 0 31.00 45.75 60.50 75.25 90.00 Sap/94 97 Lake Placid I TO 1 ~478 G 8.00 0 10.75 13.75 17.00 20.50 24.26 Oct/93 IV 98 Lakeland Cl 45,809 G 1.85 0 6.80 11.75 16.70 21.65 26.60 Oct/93 FL 99 Lantana TO 3,000 G 7.53 0 11.83 16.13 21.50 26.88 33.33 Oct/92 IV 100 Largo (1) Cl ~ G 5.52 2,000 6.40 10.80 15.20 19.60 24.00 Dec/89 FL 101 Lauderhill Cl 9,500 G 2.50 0 7.50 12.50 17.50 22.50 27.50 Jan/95 FL :102 Lee County Utilities CO 29,909 G 8:10 0 19.00 3i.90 46.80 54.70 85.6____~0. _Mar/9~4 I._V Notes: (t) - Water een~ice or sewer service supplied by different entity. (2) - Cl · City, TO · Town, CO = County, AU = Authority, WC = Water Corporation (3) - C · meters read in cubic feet. Measurements based on cubic feet have been converted into gallons. G = meters read in gallons. (5) - Sewer provider only Rate structures: DB = Declining block commodity rate structure FL = Flat commodity rate structure with only one block IV = Inverted block commodity rate structure F1 = Flat rate per household with no volume basis NR = No response or incomplete response HIGHEST BILL 20.00 6000 31.00 51.80 105.77 13907 172.37 LOWEST BILL .76 ~ 3.85 6.18 8.42 9.30 10.17 AVERAGE OF SAMPLE 7.11 1400 12.07 19.71 28.21 37.25 46.27 (c) - David M. Grlfflth & Associates, Ltd. May, 1995 May be reproduced with pen'r~$sion from DMG and if DMG authorship is acknowledged. DAVIT I. GR1TFITH & ASSOCIATES, LT Pare 3 FLLtRIDA LEAGUE OF CITIES, INC. COMPARATIVE RATE SURVEY- RESIDENTIAL WATER BILLS MINIMUM BILL WATER BILLS AT VARIOUS CONS. LEVELS W. Rates Water ' ' Water $$ GALS. $,000 10,000 15,000 20,000 25,000 Last Rate ENTITY (2) I Conn. !(3) BILL INCL. Gallons Gallons Gallons Gallons Gallons Changed Struc. 103 Leesburg C~ ' 9~553 C 6.50 0 1. 0..38 14.25 18.1:~ ' 22.00 25.88 Jar,/84 FL 104 Live Oak Cl 2,650 G 8.00 3,000 9.78 14.23 18.68 23.13 27.68 Nov/93 FL :105 Longboat Key TO 9,941 G 5.50 0 10.05 16.25 23.55 i 30.85 38.15 Dec/89 IV 106 Loxahatchee River District (5) Ad ~ NR 0.00 0 0.00 0.00 ' 0.00 0.0~ 0.00 ~ NR 107 Madeira Beach (1) CI ~ G 5.52 2 000 6.40 10.80 15.20 19.60 24.00 Dec/89 FL. 108 Madison CI 1~941 G 6.58 2,000 8.95 12.90 16.85 20.80 24.75 Sep/94 FL . , 25'24, i09 Maitland CI 4~664 G 2.40 0 6.40 10.40 14.40 18.40 22.40 May/92 FL 110 Manatee CO 55965 G 4.29 0 9.09 13.89 18.69 - 31.79 Oct/89 --' iV 111 Margate ICI 157594 G "4.81 0 10.51 16.21 21.91 27.61 33.31 Oct/84 112 Martin CoUnty UtiBies , CO~ 13,512 G 13.80 0 22.80 31.80 44.05 59.55 75.05 Oct/94 IV 113 Mary Esther Cl 2,053 G 7.87 3~000 9.69 14.22 19.37 24.52 29.67 Oct/94 IV 114 Masootte CI 786 G . . 6.75, 3~000 11.25 22.50 33175 45.00 ' ,~'.25 Feb/90 FL 1'i5 Miami Beach - Sumr~r Cl 1.1,862 G 6.55 5~000 6.55 ' :13.1'0 19.65 26.20 32.75 Oct/cj4 FL 116 Miami Beach- Winter Cl 11,862 G 7.70 5,000 7.70 15.40 23.10 30.80 38.50 Oct/94 FL 117 Miami DadeWater'& Sewer Dept/dry CO 339,251 C 4.97 3,750 8.84 18.16 28.39 40:08 51.7g 0cU94 IV 118 Miami DsdeWater& Sewer Dept/wet CO 339,251 c 4.74 3~750 . . 6.55 13.45 21.03 29.69 38.36 Oct/94 IV. . ~119 Miami Springs Cl 4,05~ G 2.33 0 4.26 6.18 11.71 14.84 17.96 OCU94 IV 120 Minneola CI 965 G 5.00 2,000 8.25 15.50 23.00 30.50 38.00, Aug/86 IV 121 Monticello CI 1~466 C 11.50 400 12.16 13.81 15.46 17.11 18.761 Oct/92 FL 122 Mulberry Cl 1,750 G 10.00 4,000 11.25 17.50 23.00 28.50 34.00 i Oct/gO DB 123 N. Redington Beach (1) TO ~ G 5.52 2,000 6.40 10.80 15.20 19.60 24.00 DEC/89 FL ,124 Naples Cl 15,620 G 3.25 0 8.25 13.25 18.85 24.85 30.85 -- I_.~V _ 125 Neptune Beach. CI 2,735 G 2.70 0 5.70 10.2(~ 14.70 20.70 26.70: Oct/94 IV 126 New Pod Richey .. Cl 10,995 G 3.78 0 8.53 14.06 19.83 27.~, 35.:~'8~ Jan/95 IV :127 NewSmyrna Beach CI 10,618 G 14.39 0 19.93 25.46 31.00 36.53 42.07 Oct/9~ FL ~128 Newbar~ Cl 926 G 9.00 3,000 12.50 21.25 30.00 38.75 47.50 Nov/94 FL 129 Niceville CI 5,864 G 8.00 0 11.95 17.70 23.45 29.20 34.95 Sep/93 IV 1130 North Lauderdale C I 8,400 G 5.00 0 11.00 17.00 24.65 33.40 42.15 Oct/94 IV 131 North Miami CI 19,100 G 6.50 5~000 6.50 11.20 15.90 2~.60 25.30 OCC/92 FL 132 Ocala CI ... 1.4~079 C 6.92 0 10.40 13.87 17.35 20.82 24.30 OctJ92 F L 133 Okaloosa County "' CO 22,052 G 7.28 0 i4.58 2i .88 29.18 36.46 43.78 Feb/93 FL ,134 Okeechobae CI 4,700 G 3.10 0 11.60 20.10 28.60 79.70 98.8'5 Sep/89 IV ~135 Oldsmar Cl 3,895 G 7.90 2,000 15.40 29.60 46.35 68.10 89.85 Jan/95 IV ' 136 Orange County CO 59,176 G 8.18 3,000 10.56 16.51 22.46 31.41 40.36 Oct/93 IV 137 Orlando (1) CI ~ G 2.55 0 5.74 8.95 12.12 i 5.31' 18.5b Nov/93 FL t38 Orlando Utilities Commission AU 106,035 G 2.55 0 5.74 8.95 12.12 15.31 18.50 Nov/g3 FL 1139 Ormond Beach CI 17,116 G 7.16 2,000 12.95 ' 22.60 32.25 41.90 51.55 Jan/g4 FL :140 Pahokee CI 2,074 G 11.13 3,000 18.55 37.10 55.65I 74.20 - 92.75 Ma¥/93 .... FL__ 141 Palatka Cl 4,000 G 7.50 4,000 8.50 13.50 18.50 23.50 28.50 Sep/92 FL 142 Palm Bay Utility Corporation AU 20,424 G 6.95 0 18.55 30.10 46.9,~ 97.30 ' 115.80 Dec/94 IV 143 Palm Beach County Water Utilities CO 102,219 G 4.20 0 8.55 15.30 32.30 49.30 --- 6630 Dec/9'~ -' I-~ - 144 Palm. Coast Utility Corporation WC 10,396 G 10.44 0 28.24 46.04 63.84 81,64 99.44 Oct/93 145 Palm Springs VI .8,984 G 8.59 4 000 9.77 15.87 21.57 ' 27.47 33.37 Nov/94 FL i46 Palmetto CI 3,645 G 13.00 3,000 18.50 32.25 46.00 59.75 73.50 Mar/gO FL 147 Panama City Beach Cl 1,3,910 G 5.00 3,000 6.90 12.65 16.40 '2:1 .:15 25.90 Oct~92 FL 148 Parker CI ' 1,900 G 4.15 2~000 9.28 17.83 26.38 34.93 43.46' Apr/94 FL '149 'Pasco County Utilitle~ SerVices Cd' 43,988 G '" 8.28 0 '16.00 24.65 34.20 44.50 54.80 Oct/94 IV i50 Perry CI 3,210 G "' 2.§8 0 14.98 26.98 . . 38.98 '50.98 62.98 Oct/94 FL-- 151 Pierson TO 567 G 15.00 2,000 21.00 41.00 68.00 91.00 116.00 Marl93 IV 152 Pinellas County Utilities CO' '101,752 G 5.52 2,000" ' 6.40 10.80 15.20 19.60 24.00 Feb/91 FL ~53 Pineilas.Pa~ CI 17,310 G 9.03 ..3~000 15.05 30.66 51.46 71.75 93.70 Oct/93 IV Notes: (1) - Water service or sewer service supplied by different entity. (2) - Cl = City, TO - Town, CO = County, AU = Authority, WC = Water Corporation (3) - C = meters read in cubic feet. Measurements based on cubic feet have been converted into gallons. G = meters read in gallons. (5) - Sewer provider only Rate structures: DB = Declining block commodity rate structure FL = Flat commodity rate structure with only one block IV = Inverted block commodity rate structure FI = Flat rate per household with no volume basis NR = No response or incomplete response HIGHEST BILL 20.00 6000 31.00 51.80 105.77 139.07 172.37 LOWEST BILL .76 -- 3.85 6.18 8.42 9.30 10.17 AVERAGE OF SAMPLE 7.11 1400 12.07 19.71 28.21 37.25 46.27 (c) - Davfd M G~ifflth & Associates, Ltd. May, 1995 May be reproducedwith perrr~ss~on from DMG and if OMG authorship is acknowledged. paas ~ UA I) M. GRIFFITI;I & ASSOCIATES, ?D. FLORIDA LEAGUE OF CITIES, INC. COMPARATIVE RATE SURVEY-RESIDENTIAL WATER BILLS 'MINIMUM BILL WATER BILLS AT VARIOUS CONS. LEVELS'--- W. Rates W~t~r Water $$ GALS. 5,000 10,000 15,000 20,000 25,000 Last Rate ENTITY (2) Conn. (3) BILL INCL. Gallons Gallons Gallons Gallons Gallons Changed Struc. 154 Plant' C~ Cl 8,900 G 2.72 0 8.17 14.37 20.57 28.27 35.97 Ocli94 IV 155 Plantation CI .24 470 G 5.75 I 0 12.90 20.05 27.20 34.35 41.50 Nov/94 FL 156 Pompano Beach . CI 16~341 G 6.42 0 10.97 15.52 21.92 28.32 ' ~34.72 - Oct/94 IV 157 Ponce inlet TO 909 G 8.76 2,000 20.67 40.52 60.37 80.22 100.07 OctJg-~ 158 Port Orange CI 20,221 G 8.001 2,000 14.70 27.20 39.75 52.25 64.75 Dec/94 IV 159 Port St. Joe Cl 1,800 G 3.60 2,000 9.00 t8.00 27.00 36.00 45.00 Oct J94 FL i60 PortSt. Lucie CI 17~500 G 5,60 0 18.35 31.10 43.85 45.60 60.10 Oct/94 DB 161 Putnam Counb/ CO 35 G 20.'00 0 20.00 20.00 "20.00 20.00 20.00 JarV92 1.16~. Quincy Cl 3,513 G 3.70 0 9,50 15.30 21.i0 26.90 32.70 OctJ94~ ~:J. i163 Redington Shores'(1) --TO . , . __ G 5.52 2,0(~0_ 6.40 10.80 15.20 19.50 24.00 Dec/89 FL 164 Riveria Beach Cl 10,500 G 4.25 0 7.79 --'-14.03 21.83 '~ -~3~.~:~.... ~'~3 '0~/94 IV 165 Rocldedge (1) Cl -- G 7.03 0 13.03 19.03 26.63 32.23 38.83 Jan/94 IV 166 Royal Palm BeaCh VI 6 200 G 9.25 0 16.10 22.95 '29.80 49.94 61.10 Oct/94 IV ~167 Sanford ' ' Cl . 10,800 G 6.09 2,000 10.88 18.85 26.83 34.80 42.77 Aug/93 FL 168 Sanibel (1) CI' '-- G 11.00 0 25.15 41.90 61.40 83.65 108.65 Sep/94 IV 159 Saresota Coun. b/ Utilities Dept. CO 29~512 i. G 13.34 0 24.84 44.54 71.44 100.94 130.44 Nov/93 IV 1'70 Seacoast Utilit7 Authority AU 25,969. G ' 11.75 0 13.65 23.55 35.45 47.35 59.25 Jun/94 IV 171 sebastian '" Cl 1,561 G 13.501 0 22.00 32.63 48.10 69.75 91.40 ~c~J94 IV 172 Sebring Cl 12,857 G 7.53i 0 16.93 26.33 35.73 45.13 54.53, OctJ94 I i~L 173 Seminole Counb/- Unincorporated CO 22,952 G 5.20 0 845 11.7d * 14.95 19.95 25.-~~ - Oct/9----~-" 174 Springfield Cl 3,296 G 6.60 4,000' 8.25 16.50' 24.75 33.00 41.25, Nov/94 FL 175 St. Cloud CI 8,560 G 5.35 0 9.55 13.75 19.75 20.40 26.40, Apr/9! IV 176 St. Johns CO 14,441 G 17.67 4,000 22.34 45.69 69.04 92.39 115.74 Oct/94 FI. 177 St. Pete Beech.(1) CI ~ G 5.52 2,000 6.40 10.80 15.20 19.60 2400 Dec/89 FL 178 St. Petersburg CI 88~000 G 3.94, 0 i 1.09 18.96 27.91 38.66 49.41 Nov/94 IV 1179 Sunrise CI 40,000 G 5.96 0 11.61 17.26 22.91 28.56 41.03' Apr/94 F'L-' !180 Surt'side ........ TO . 1,362 G 8.40: 6~000 8.40 8.40 i0.50 14.00 17.50 . Sep/94 _ _ _F_L. 181 Tallahaseee CI 59~250 G 8~15, 2,500 11.20 17.30 23.40 29.50 35.60, Oct/94 FL 182 Tamars~ '- East' ' ' CI 15,403 G 1.84. 0 11.79 21.74 31.69 41.64 51 59 Novi94 183 Tamarac Utilib/West Cl 15,403 G 6.71 0 13.01 20.51 28.31 '37.61 46.91 Nov/94 IV 164' Tampa Cl 112,000 C 1.50 0 6.75 16.50 26.25 36.00 48.75i OCU93 185 Temple Terrace CI 8,171 G 4.00 ' 0 11.50 20,68 32.38 44.08 55.78 ' Dec/92 IV 155 Tequesta VI 4,543 G 8.80' 0 16.00 23,20 33.28 45.28 57.28! Jul/92 iV 187 Umatilla Cl 1,156 G 12.00 4,000 12.60 15.60 18.60 21.60 24.60. Oct/86 188 Valparaiso Cl 1,700 G ... 6.00; 3,000 8.10 ' ~3.35 18.60 23.85 29.10; Oc[/94 189 Venice CI' 7,436 G 8.33 0 22.53 36.73 50.93 65.13 79,33 Jan/92 i9~ Vero Beach Cl 9,056 G 11.54 3,000 ' ' 15.96 27.01 38.06 49.11 60.16 Ocl/94 IV [!9t Waldo CI 488 G 7.00 4,000 9.43 21.58 33.73 45.88 58.03! Oct/94 FL i192 West Melbourne CI 4,383 G 10:71' 3,000 17.13 33.18 49.23 65.28 81.33 Oc{/94 - FL 193 Wildw~. Cl 2 096 G 9.35 3,000 12.23 18.13 22.48 26.83 31.18 Nov/92 DB 194 Winter Garden CI 5,744 G 5.00 1 0 8.75 12.50 16.25 20.00 23.75 Ma¥/92 FL 195 Winter Haven CI 8,804 G 6.271 1~000 10.27 15.72 21.27 23.57 29.57 Apr/93 196 Winter Park Cl 22,000 G 3.82 0 6.52 11.30 18.04 25.'/4 32.26 Jan/93 IV 197 Winter Springs Cl 8,669 G 3.58, 0 8.13 12.68 1~.23 24.73 32.;23 Jul/94 IV 198 Zeph)'rhills CI 7,811 G 1.00 0 ..6.00 11.00 16.00 21.00 26.00I _ May/S6 .F_~L' (t) - Water service or sewer service supplied by different entity, (2) - Cl - City, TO = Town, CO = County, AU = Authority, WC = Water Corporation (3) - C = meters read in cubic feet. Measurements based on cubic feet have been converted into gallons. G = meters read in galSons. (5) - Sewer provider only Rate structures: DB = Declining block commodity rate structure FL = Flat commodity rate structure with only one block IV --- Inverted block commodity rate structure F1 = Flat rate per household with no volume basis NR = No response or incomplete response HIGHEST BILL 20.00 6000 31.00 51.80 105.77 139.07 172.37 LOWEST BILL .76 --- 3.85 6.18 842 9.30 1017 AVERAGE OF SAMPLE 7.11 1400 12.07 19.71 28.21 37.25 4627 lc) -DavidM. G~lfth & Associates, Ltd. May, 1995 May be reproduced with permission from DMG and if DMG authorship is acknowledged. DAVI' ~I. GRIFFITI] & ASSOCIATES, L' page FLORIDA LEAGUE OF CITIES, INC. COMPARATIVE RATE SURVEY - RESIDENTIAL SEWER BILLS MINIMUM BILL SEWER BILLS AT VARIOUS CONS. LEVELS S. Rates Sewer Sewer $$ GALS. 6,000 10,000 16,000 20,000 26,000 Last Rate ENTITY (2) Conn. (3) BILL INCL. Gallons Gallons Gallons Gallons Gallons Changed Struc. 1 Alachua CI 1,_9'~ G 14.60 3,000 19.50 31.75 44.00 56.25 68.50 Aug/94 FL 2 Appalachicola Cl 1,064 G 12.75 10,0001 12.75 12.75 19.00 25.25 31.50 Sep/92 F L 3 Archer (4) CI -- G 0.00 0 ! 0.00 0.00 0.00 0.00 0.05 -- NR 4 Atlantis Cl 1,243 G 7.21 0~ 18.26 29.31 40.36 51.41 62.46 Feb/93 FL 5 A,_,~_,rr, t~u, C I 4,201 G 15.50 0 15.50 15.50 15.50 15.50 15.50 Sep/90 F1 6 Baldwin TO 680 G 17.25 7,000 17.25 20.31 23.31 26.31 29.31 Oct/89 DB 7 Bertow Cl 6,517 G 20.75 0 20.75 20.75 20.75 20.75 20.75 OctJ93 F1 8 Bay County CO 273 G 12.00 3,000 17.20 50.20 43.20 43.20 43.20 Oct/94 FL 9 Bay Harbor Islands TO 6,714 G 14.50 0 14.50 14.50 14.50 14.50 14.50 Sep/94 F1 10 Belle GL~u, Cl 4,708 G 18.22 2,000 25.39 37.34 37.34 37.34 37.34 OctJ89 FL 11 Be!!eair TO 1,338 G 16.80 4~500 16.80 17.40 20.40 23.40 26.40 Oct/94 IV 12 Belleair Beach Cl 1,221 G 19.97 0 19.97 19.97 19.97 19.97 19.97 Oct/94 F1 13 Belleview CI 1.631 G 4.28 1,000 9.28 16.28 23.78 31.28 38.78 Jan/93 IV'- 14 Blountstown Cl 1,105 G 9.60 3,000 13.10 21.85 30.60 39.35 48.10 OctJ91 FL 15 Boca Raton Public Utilities Cl 31,348 G 7.75 0 7.76 7.76 7.76 7.76 7.76 OctJ89 F1 16 Bowling Green CI 739 G 20.00 0 20.00 20.00 20.00 20.00 20.00 OctJ94 F1 17 Boynton Beach Cl 24,732 G 16.78 0 17.83 25.53 33.23 40.93 48.63 Jan/93 FL 18 Bradenton CI 14,021 G 10.10 3~000 13.46 21.86 30.26 38.66 47.06 Jun/82 FL 19 Brooksville CI 4,136 G 14.00 0 14.00 14.00 14.00 14.00 14.00 May/87 F1 20 Broward County CO 33,465 G 10.42 0 19.82 29.22 38.62 38.62 38.62 Oct/94 FL 21 Bushnell (4) Cl ~ G 0.05 0 0.00 0.00 0.00 0.00 0.00 -- NR 22 Callaway CI 5,053 G 15.83 3,000 19.67 29.27 38.87 38.87 38.87 Jul/94 FL 23 Cape Coral CI 16,203 G 7.95 0 23.95 39.95 39.95 39.95 39.95 Oct/91 FL 24 Carrabelie CI 450 G 13.90 0 20.35 26.80 33.25 39.70 46.15 Sep/94 FL 25 Casselben'y CI 11,228 G 8.10 0 21.40 34.70 48.00 61.30 74.60 Oct/93 IV 26 Century TO 850 G 10.00 6,000 10.00 16.92 25.57 34.22 42.87 ~ FL 27 Charlotte CO 11,057 G 19.75 0 33.25 48.75 48.75 48.75 48.75 Jan/95 FL 28 Chattahoochee CI 1~060 G 6.60 0 12.32 18.04 20.33 20.33 20.33 Aug/92 IV 29 Chiefland C I 750 G 16.47 0 16.47 16.47 16.47 16.47 16.47 Oct J94 F1 30 Chipley Cl 1 ~557 G 18.50 9,250 18.50 20.00 30.00 40.00 50.00 OctJ94 FL 31 Clearwater Ct 30,300 C 9.44 400 15.74 31.49 47.24 63.89 78.74 Nov/92 FL 32 Clermont Cl 2,935 G 16.00 3,000 16.48 17.68 18.88 19.24 19.24 Oct/94 F L 33 Clewiston Cl 3,028 G 3.00 0 15.50 28.00 28.00 28.00 28.00 Feb/86 DB 34 Cocoa CI 6,244 G 6.00 0 20.00 34.00 39.60 39.60 39.60 Feb/93 FL 35 Cocoa Beach C I 3,230 G 11.00 3,000 14.00 31.25 48.50 65.75 83.00 Apr/93 IV 36 Coconut Creek CI ~ G 9.29 0 12.69 16.09 16.09 16.09 16.09 Oct/92 FL 37 Collier County Utilities Division CO 50~500 G 13.90 0 21.90 29.90 29.90 29.90 29.90 Sep/91 FL 38 Cooper City CI 9,058 G 13.42 0 21.07 28.72 28.72 28.72 28.72 Jan/88 FL 39 Coral Springs CI 9,740 G 18.40 0 25.16 31.92 38.67 45.43 52.19 Ocli92 _. 40 Crestview Cl 3,794 G 13.25 3~000 20.05 37.05 54.05 57.45 57.45 Jan/94 FL 41 Crystal River Cl 1,959 G 10.04 0 25.04 40.04 55.04 55.04 '-- 55.04 Feb/91 F-L 42 Dade City. CI 2,453 G 12.00 4,000 13.48 20.88 28.28 30.00 30.00 Jun/93 FL 43 Davenport (4) Cl -- G 0.00 0 0.00 0.05 0.00 0.00 0.00 ~ NR 44 Davie TO 5,013 G 14.04 0 24.94 35.84 48.74 48.74 48.74 Nov/94 FL 45 Daytona Beach CI 18,800 G 4.97 1,000 18.57 35.57 52.57 69.57 86.57 Oct/94 FL 48 Daytona Beach Shores - North Cl 660 G 7.24 2,000 18.10 36.20 54.30 72.40 90.50 Dec/94 FL 47 Daytona Beach Shores - South C l 660 G 7.24 2,000 18.10 36.20 54.30 72.40 90.50 Dec/94 FL 48 Deerfleld Beach Cl 29~431 G 7.10 0 13.70 20.30 22.94 22.94 22.94 Sep/92 FL 49 Defuniak Springs Cl 1,370 G 10.05 0 21.40 32.75 44.10 55.45 68.80 Jun/94 FL 50 Deland Cl 7,493 G 11.80 0 26.75 22.70 28.15 33.60 39.05 Oct/g0 FL 51 Delray Beach CI 15,500 G 10.82 0 20.22 29.62 33.38 33.38 33.38 Oct/94 FL Notes: (1) - Water service er sewer service supplied by different entity. (2) - (Cl = City, TO = Town, CO = County, AU = Authority, WC = Water Corporation) (3) - C = meters read in cubic feet. Measurements based on cubic feet have been converted into gallons. G = meters read In gallons. (4) - Septic tanks (5) - Water provider only Rate structure: DB = Declining block commodity rate structure FL = Flat commodity rate structure with only one block IV = Inverted block commodity rate structure F1 = Flat rate per household with no volume basis NR = No response or incomplete response HIGHEST BILL 29.43 10,000 36.80 58.60 75.80 100.05 124.30 LOWEST BILL .... 6.50 7.76 7.76 7.76 7.76 AVERAGE OF SAMPLE 10.74 971 18.00 26.77 33.08 37.57 41.77 (c) - David M. Griftlth & Associates, Ltd. May, 1995 May be reproduced with permission from DMG and if DMG authorship is acknowledged. Pa~ 6 D! rD M. GRIFFITH & ASSOCIATES TD. VLORIDA LEAGUE OF CITIES, INC. COMPARATIVE RATE SURVEY- RESIDENTIAL SEWER BILLS MINIMUM BILL SEWER BILLS AT VARIOUS CONS. LEVELS S. Rates Sewer Sewer $$ GALS. $,000 10,000 15,000 20,000 I 25,000 Last Rate ENTITY (2) Conn. (3) BILL INCL. Gallons Gallons! Gallons Gallons Gallons Changed .Struc. 52 Dunedin CI 11,535 G 3.00 0 17.00 31,00 45.00 59.00 59.00 1 Oct/94 FL 53 Eagle Lake CI 804 G 8.50 1,000 17.30 28.30 37.10 37.10 37.10 Oct/94 ~. 54 Eatonville TO 608 G 17.75 3,000 20.11 26.01 31.91 37.81 43.71 ~5~ E~,amble County Utilities Authority CO 41,780 G 6.70 2,000 17.38 35.18 52.98 52.98 52.98 Oct/94 '~=J- Eustls Cl 5,710 G 18.71 3,000 20.45 24.80 24.80 24.80 24.80 Jun/93 FL ,~ Florida Kejm Aqueduct Authority (5) WC m G 0.00 0 0.00 0.00 0.00 0.00 0.00 m NR-- Fort Laude~dale CI 35,560 G 2.06 0 12.76 23.45 23.46 23.46 23.46 Oct~94 IV 59 Fort Meade Cl 1,934 G 10.00 3,000 11.50 15.25 19.00 22.75 26.50 Jul/94 FL 60 Fort Myers Cl 43,735 G 4.90 0 22.85 40.80 40.80 40.80 40.80 Oct/94 FL 61 Fort Pierce CI 11,594 G 7.40 0 20.60 33.80 33.80 33.80 33.80 Feb/94 IV i~ Fort Walton Beach -- CI 9,301 G 7.00 0 18.00 29.00 40.00 42.2fl 42.2~ -O-~t)9-~ FL Fndtlend Park (4) CI -- C 0.00 0 0.00 0.00 0.00 0.00 0.00__ NR 54 Gainesville Regional Util. * Winter CI 42,838 G 2.11 0 14.26 26.41 38.56 50.71 62.86 Oct/93 FL 65 Gainesville Regional Util.- Summer CI 42,838 G 2.11 0 14.26 26.41 38.56 50.71 62.86 0ct/93 FL 65 Graceville CI 812 G 12.40 1,500 17.65 25.15 32.65 40.15 47.65 Jul/92 67 Green Cove Springs C l 1,981 G 8.50 0 18.15 29.40 42.60 57.10 71.60 0ct/93 IV 68 Gretna CI 547 G 10.50 3,000 13.50 21.00 28.50 36.00 43.50 0ct/94 FL Gulfport CI 5,669 G 8.24 2,000 20.60 41.20 61.80 82.40 103.00 Oct/90 FL --1 70 Haines C~ CI 3,646 G 8.00 5,000 8.00 14.00 14.00 14.00 14.00 Feb/90 FL 71 Hatlsndale CI 5,500 G 7.15 0 15.20 23.75 34.10 44.45 54.80 Oct/94 IV 72 Havana TO 679 G 6.00 0 11.50 17.00 19.20 19.20 19.20 OctJ92 FL 73 Hernando County Utilities CO 12,941 G 8.50 0 19.75 26.50 26.50 26.50 26.50 ,_ Jul/94 FL 74 Hlalaah CI 47,817 G 0.80 0 11.95 23.10 34.25 45.40 5655 Oct/94 F--~ 75 High Springs (4) Cl m G 0.00 0 0.00 0.00 0.00 0.00 0.00 -- NR Highland Beach TO 3,525 G 11.75 0 11.75 11.75 11.75 11.75 11.75 Oct/91 FI Hlllsboro Beach (1) TO -- G 10.42 0 19.82 29.22 38.62 38.62 38.62 78 Hillsborough Co. Public Utilities CO 80,729 G 5.50 0 31.75 47.50 47.50 47.50 47.50 ~ Oct/94 '-~---! 79 Holly Hill Cl 4,786 G 8.31 2,000 19.74 38.79 57.84 76.89 95.94 OctY92 80 Homestead CI 2,868 G 9.45 0 21.06 3267 44.28 55.89 67.50 OctJ94' -' FL 81 Indian RocksBeach CI 3,857 G 16.61 0 16.61 16.61 16.61 16.61 16.61 OctJ94 F1 82 Inglis Water Department (4) TO -- G 0.00 0 0.00 0.00 0.00 0.00 0.00 83 Interiachen (4) TO ~ G 0.00 0 0.00 0.00 0.00 0.00 0.00 ~ ~- ti ~'~ Inverness CI 2~358 G 6.36 1,000 16.88 23.85 23.85 23.85 '~_ 23.85 OctJ94 i F--~ 65 Island Water Association, Inc. (5) AU ~ G 0.00 0 0.00 0.00 0.00 0.00 0.00 86 Jacksonville-Summer CI 112,187 C 3.10 0 17.19 33.64 50.08 64.17 73.57 ..Apr/94 87 Jacksonville - Winter CI 112,187 C 3.10 0 18.76 37.03 55.30 70.~ - 81.40 Apr/94 88 Jacksonville Beach CI 7,339 G 6.45 0 21.05 43.95 62.70 62.7-----'~ -62.7----'~ Oct/94 - 89 Juno Beach - Midtown (1) TO m G 10.40 0 10.40 13.00 13.00 15.60 15.60 A_~pr/92 ~:L 90 Juno Beach- Southtown (1) TO m G 11.82 0 12.97 14.12 14.12 14.12 14.12 Apr/94 _ =F_E_.~. 91 Jupiter (1) TO ~ G 10.40 0 10.40 13.00 13.00 15.60 1560 92 Labelle CI 706 G 10.53 0 18.33 23.01 23.01 23.01 23.01 Dec/92 ~_ 93 Lady Lake TO 120 G 15.50 0 22.98 32.50 42.70 52.90 63.10 ----Aug/94 * I--~' ~9~ Lake Butler CI ,, 700 G 21.50 0 21.50 21.50 21.50 21.50 21.50 Oct/94 Lake City CI 4,223 G 18.14 0 23.84 ' 29.53 35.22 36.36 36.36 OctY94 F-~ 96 Lake Clarke Shines (4) TO -- G 0.00 0 0.00. 0.00 0.00 0.00 0.00 __ NE 97 Lake Placid TO 183 G 10.25 0 15.00 20.00 25.75 30.75 38.50 Oct/94 - I-~ 98 Lakeland CI 28,294 G 7.00 0 14.50 19.00 19.00 19.00 19.00 OctJ93 FL 98 Lantana TO 3,000 G 7.00 0 16.65 .70 25.70 25.70 26.70 0c 921 1 100 Largo CI 20,021G 10.76 0 10.76 10.76 10.76 10.76 10.76 Jan/93[ iF1 -- 101 Lauderhill CI 9,500 G 4.00 0 10.50 17.00 23.50 30.00 36.50 JarV95. I-'-~'~-~- ] 102 Lee Count~ Utilities CO 23,000 G 12.15 0 29.75 47.35 54.39 54.39 54.39 Mar/94 (1) - Water eendce or sewer service supplied by different entity. (2) - (Cl = City, TO = Town, CO = County, AU = Authority, WC = Water Corporation) (3) - C ,: matem read in cubic feet. Measurements based on cubic feet have been converted into gallons. G = meters read in gallons. (4) - Sep~tanks (5) - Water I~ovider only Rate structure: DB = Declining block commodity rate structure FL = Flat commodity rate structure with only one block IV = Inverted block commodity rate structure F1 = Flat rate per household with no volume basis NR = No response or incomplete response HIGHEST BILL 29.43 10,000 36.80 58.60 75.80 100 05 124 30 LOWEST BILL .... 6.50 7.76 7.76 7.76 776 AVERAGE OF SAMPLE 10.74 971 18.00 26.77 33.08 37.57 41.77 (c) - David M. Gtfffith & Associates, Ltd. May, 1995 May be reproduced with permission from DMG and if DMG authorship is acknowledged. DAV? M. GRIFFITH & ASSOCIATES, L' . FLORIDA LEAGUE OF CITIES, INC. Page 7 COMPARATIVE RATE SURVEY . RESIDENTIAL SEWER BILLS MINIMUM BILL SEWER BILLS AT VARIOUS CONS. LEVELS S. Rates Sewer Sewer $$ GALS. 0,000 10,000 15,000 20,000 25,000 Last Rate ENTITY (2) Conn. (3) BILL INCL. Gallons Gallons Gallons Gallons Gallons Changed Struc. 103 Leesburg Cl 8~735 C 16.45 0 17.85 19.25 20.65 22.05 23.45 OctJ92 FL 104 Live Oak Cl 682 G 7.00 3,000 8.70 12.95 17.20 21.45 25.70 Oct/93 FL 105 Longboat Key TO 9,941 G 10.25 0 18.65 22.01 22.01 22.01 22.01 Dec/89 IV 106 Loxahatchee River District AU 25,000 NR 10.40 0 10.40 13.00 13.00 15.60 15.60 Apr/92 FL 107 Madeira Beach Cl -- G 14.00 0 14.00 14.00 14.00 14.00 14.00 Oct/94 F1 108 Madison CI 1,418 G 12.32 2,000 15.80 21.60 27.40 33.20 39.00 Sep/94 FL 109 Maitland Cl 3,061 G 8.50 0 18.50 28.50 38.50 48.50 58.50 May/92 FL 110 Manatee CO 51,515 G 9.07 0 18.29 27.52 31.20 31.20 31.20 Oct/89 FL 111 Margate CI 15,099 G 12.08 0 12.08 12.08 12.08 12.08 12.08 Oct/84 F1 112 Martin County Utiaties CO 8,727 G 13.40 0 29.75 46.10 45.10 46.10 46.10 Oct/94 FL 113 Ma~/Esther Cl 2,083 G 7.87 3,000 9.69 14.22 19.37 24.52 24.52 Oct/94 114 Mascolte (4) Cl -- G 0.00 0 0.00 0.00 0.00 0.00 0.00 -- NR 115 Miami Beach - Summer Cl 9,953 G 0.00 0 11.1 5 22.30 33.45 44.60 55.75 OCU94 FL 116 Miami Beach - VV'mter Cl 9,953 G 0.00 0 11.15 22.30 33.45 44.60 55.75 Oct/94 Fl. 117 Miami Dade Water & Sewer Dept/dr CO 250~007 C 3.81 0 13.66 25.85 38.04 50.23 62.42 Oct/94 IV 118 Miami Dade Water & Sewer Dept/we CO 250,007 C 3.81 0 13.66 25.85 38.04 50.23 62.42 Oct/94 IV 119 Miami Spdngs Cl 4,100 G 20.74 0 20.74 20.74 20.74 20.74 20.74 Oct/94 F1 120 Minneoia (4) CI -- G 0.00 0 0.00 0.00 0.00 0.00: 0.00 -- NR 121 Monticello Cl 1,466 C 20.50 0 20.50 20.50 20.50 20.50 i 20.50 Oct/92 F1 122 Mulberry Cl 1,667 G 24.00 4,000 25.00 30.00 35.00 40.00 45.00 Oct/91 FL 123 N. Redington Beach TO 396 G 19.10 0 19.10 19.10 19.10 19.10 19.10 Oct/94 FL 124 Naples CI 8,254 G 9.95 0 18.35 26.75 26.75 26.75 26.75 125 Neptune Beach Cl 2,534 G 6.40 0 20.15 36.45 52.65 52.65 52.65 Oct/94 IV 126 New Port Richey CI 8,467 G 3.68 0 11.68 19.68 27.68 29.28 29.28 Jan/95_ FL 127 New Smyrna Beach CI 8,188 G 15.40 0 22.85 30.30 37.75 45.20 52.65 Oct/93 FL 128 Newbem/ CI 704 G 20.00 0 20.00 20.00 20.00 ~ 20.00 20.00 Nov/9~-' F1 129 Niceville Cl 4,157 G 3.30 0 8.55 13.80 15.90 15.90 15.90 Sep/93 FL 130 North Lauderdaie Cl 8,090 G 10.00 0 17.75 25.50 28.60 28.60 28.60 Oct/94 FL 131 North Miami CI 11,311 G 2.01 0 12.66 24.77 36.87 48.98 61.09 Oct/94 FL 132 Ocala Cl 11,349 C 28.29 0 34.57 40.51 40.51 40.51 40.51 Oct/92 FL 133 Okaloosa County CO 20,406 G 7.28 0 14.58 21.88 29.18 38.48 43.48 Feb/93 FL 134 Okeechobee CI 3,450 G 8.95 0 20.15 31.35 42.55 53.75 64.95 Sep/89 FL 135 Oldsmar Cl 3,598 G 13.50 2,000 23.01 38.86 54.71 70.56 86.41 Jan/95 FL 136 Orange County CO 65,023 G 14.15 0 30.05 45.95 58.67 58.67 58.67 Oct/94 FL 137 Orlando CI 53,700 G 11.62 0 22.67 33.72 42.56 42.56 42.56 Jan/94 FL 138 Orlando Utilities Commission (5) AU -- G 0.00 0 0.00 0.00 0.00 0.00 0.00 -- NR 139 Ormond Beach CI 11,872 G 10.02 2,000 18.12 31.62 45.12 58.62 72.12 Jan/94 FL 140 Pahokee CI 1,695 G 15.14 3,000 23.48 44.33 65.18 86.03 106.88 May/93 FL 141 Paiatka CI 4,000 G 11.00 4,000 12.00 17.00 21.00 21.00 21.00 . Se/~ __FL 142 Palm Bay Utility Corporation AU 10,440 G 10.36 0 25.20 40.20 40.20 40.20 40.20 Dec/94 IV 143 Palm Beach County Water Utilities CO 94,879 G 6.80 0 12.85 23.10 23.10 23.10 23.10 Dec/93 IV 144 Palm Coast Utility Corporation WC 9,565 G 10.95 0 25.40 34.07 34.07 34.07 34.07 Oct~93 FL 145 Palm Spdn~s VI 7,427 G 11.98 4,000 14.39 21.62 21.62 21.62 21.62 Nov/94 FL 146 Palmetto Cl 3,216 G :.13.00 3,000 15.60 22.10 22.10 22.10 22.10 Mar/90 FL 147 Panama City Beach Cl 5,298 G 5.00 3,000 6.50 10.25 14.00 17.75 21.50 Oct/92 FL 148 Pa~er Cl 1,900 G 11.79 3,000 15.45 24.60 33.75 42.90 52.05 Dec/92 FL 149 Pasco County Utilities Services CO 36,151 G 9.39 0 20.54 31.69 31.69 31.69 31.69 Oct/94 IV 150 Peru/ Cl 2~100 G 6.30 0 18.95 31.60 --' 31.60 31.60 31.60 Oct/94 ~-L 151 Pierson (4) TO -- G 0.00 0 0.00 0.00 0.00 0.00 0.00 -- __ NR 152 Pinellas County Utilities CO 118,000 G 19.86 0 19.86 1986 19.86 19.86 - ' 19.86 Oct/93 FL 153 Pinelias Park CI 16,632 G 10.08 3,000 16.80 33.60 50.40 67.20 84.00 Oct/94 FL Notes: (1) - Water service or sewer service supplied by different entity. (2) - (Cl = City, TO = Town, CO = County, AU = Authority, WC = Water Corporation) (3) - C = meters read in cubic feet. Measurements based on cubic feet have been converted into gallons. G = meters read in gallons. (4) - Septic tanks (5) - Water provider only Rate structure: DB = Declining block commodity rate structure FL = Flat commodity rate structure with only one block IV = Inverted block commodity rate structure F1 = Flat rate per household with no volume basis NR = No response or incomplete response HIGHEST B1LL 29.43 10,000 36.80 58.60 75.80 100.05 124.30 LOWEST BILL ....... 6.50 7.76 7.76 7.76 7.76 AVERAGE OF SAMPLE 10.74 971 18.00 26.77 33.08 37.57 41.77 (c) - David M. Griffith & Associates, Ltd. May, 1995 May be reproduced with permission from DMG and if DMG authorship is acknowledged. DA .D M. GRIFFITH & ASSOCIATES, I~D. FLORIDA LEAGUE OF CITIES, INC. COMPARATIVE RATE SURVEY- RESIDENTIAL SEWER BILLS MINIMUM BILL SEWER BILLS AT VARIOUS CONS. LEVELS S. Rates Sewer Sewer $$ GALS. $,000 10,000 15,000 20,000 25,000 Last Rate ENTITY (2) Conn. (3) BILL INCL. Gallons Gallons Gallons Gallons Gallons Changed Struc. ~154 Plant City* CI 8r100 G 5.23 0 16.48 29,33 42.18 42.18 42.18 Oct/94 IV L!55 Pl~'"'~tion CI 19,796 G 9.37 0 20.47 31.57 42.67 53.77 64.87 Nov/94 FL :156 Pompano Beach Cl 13~727 G 7.77 0 14.72 21.67 21.67 21.67 21.67 Oct/g4 FL 157 Ponce Inlet TO 425 G 12.75 2,000 27.30 51.55 75.80 100.05 124.30 m FL 1156 Po~t Orar~e Cl 16,899 G 8.50 2,000 18.25 34.50 50.75 67.00 83.25 Dec/94 FL !156 Port St. Joe CI 1~800 G 2.88 2~000 7.20 14.40 21.60 28.80 36.00 Oct/94 FL '160 Pod. St. Lucie Cl 11 ~000 G 11.85 0 36.60 41.79 41.79 41.79 41.79 OctJ94 DB 161 Putnam County CO 25 G 15.00 0 15.00 15.00 15.00 15.00 15.00 Jan/92 F1 162' Quincy CI 2~979 G 8.35 3,000i 10.65 15.40 15.40 15.40 15.40 Oct/94 FL 163 Redington Shores TO ~ G 14.94 0 14.94 14.94 14.94 14.94 __ 14.95 -._~ct./94 F1 164 Rivefia Beach CI 10,500 G 4.25 0 9.80 15.35 15.35 15.35 15.35 Oct./94 165 Rockledge Cl 6~000 G 11.00 0 21.00 31.00 41.00 41.00 ' 41.0~ Oct/94 -~ 166 Royal Palm Beach VI 6~200 G 12.31 0 18.96 25.61 25.61 25.61 - 25.61 Oct/94 IV 167 Sanford Cl 9,800 G 9.09 2,000 19.02 35.57 42.19 42.19 42.19 Aug/93 FL 168 Sanibet CI 1~145 G 29.43 0 29.43 29.43 29.43 29.43 29.43 Jan/95 F1 169 Sarasota County Utilities Dept. CO 7~119 G 10.90 '0! 34.75 58.60 58.60 58.60 58.60 Nov/93 FL 170 Seacoast Uti#b/Authority AU 22~861 G 11.82 0 12.97 14.12 14.12 14.12 14.12 Jun/94 FL 171 Sebastian Cl 835 G 16.75 0 30.90 45.05 48.05 45.05 45.05 OctJ94 FL 172 Sebring Cl 3,500 G 14.85 0 14.85 14.85 14.85 14.85 14.8~ OctJ94 F1 173 Seminole CouP/, Unincorporated CO 17,953 G 11.00 0 23.00 35.00 47.00 47.00 47.00 Oct/92 FL 174 Springfield CI 2~968 G 14.12 4~000 16.35 27.50 38.65 38.65 38.65 Nov/94 FL 175 St. Cloud CI 6~450 G 10.75 0 24.05 37.35 50.65 63.95 77.25 Jun/94 FL 176 St. Johns CO 9,502 G 18.23 4,000 ! 22.48 43.73 64.98 86.23 107.48, OctJ94 FL 177 St. Pete Beach CI 6,367 G 12.00 0 12.00 12.00 12.00 12.00 1200 Jan/88 F1 178 St. Petersburg CI 78,000 G 4.24 0 13.54 22.84 32.14 41.44 50.74 Nov/94 FL 179 Sunrise Cl 40,000 G 9.28 0 15.63 21.98 28.33 29.60 29.60I Apr/94 FL ~80 Suffside iTO 1,327 G 11.70 6,000 11.70 11.70 14.63 19.50 24.38 : Sep/94 FL 181 Tallahassee Cl 49,250 G 8.40 0 21.80 35.20 48.60 62.00 75.40 0ct/94 FL 182 Tamarac - East CI 15,442 G 8.30 0 21.70 35.10 48.50 48.50 48.50 Nov/94 FL 183 Tamarac Utility West Cl 15,442 G 11.54 0 23.94 36.34 48.74 48.74 48.74 Nov/94 FL 164 Tampa , CI 100,000 C 0.00 0 15.20 30.40 45.60 60.80 76.00 Oct/94 FL 185 Temple Terrace ~ Cl 5,462 G 2.83 0 21.23 39.63 39.63 39.63 39.6:~ Dec/92 FL 186 Tequeeta (1) VI ~ G 10.40 0 10.40 13.00 13.00 15.60 15.60 Apr/92 FL 187 Umetilla CI 727 G 16.00 0 16.00 16.00 16.00 16.00 16.00 Oct/88 F1 168 Valparaiso Cl 1,669 G 9.00 4,000 10.10 15.60 --16.70 16.70 16.70 Oct/94 189 Venice Cl 7,254 G 635 0 25.20 42.05 58.90 75.75 92.60 Jan/92 FL 190 Vero Beach Cl 6~620 G 16.87 3,000 22.13 35.28 35.28 35.28 - 35.28 ~ 0ct/94 ' F"-~ 191 Waldo CI 369 G 20.00 4,000 ' 20.75 24.50 26.25 32.00 . 35.75.[ Dec/92 FL 192 WestMelboume CI 4,114 G 18.00 3,000 25.50 44.25 63.00 81.75 100.50~ Oct/94 FL ~93 Wildwood CI 2,021 G 14.43 0 21.50 28.56 35.63 .... ~ ~ Nov/92 I. DB 194 Winter Garden CI 4,570 G 6.30 0 21.30 36.30 51.30 51.30 51.30 OctJ94ii FL ~95 Winter Haven Cl 8,804 G 2.80 1,00~0 i 14.00 28.00 39.20 39.20 39.20 Apr/93 FL 196 Winter Park CI 15~000 G 5.23 20.78 36.33 42.55 42.55 42.55 i Jan/93 FL 197 Winter Springs CI 8,776 G 6.65 0 19.60 32.55 32.55 32.55 32.55 J Aug/84_ FL 198 Zephyrhills CI 6,314 G 4.50 0 10.80 17.10 23.40 29.70J---3_~____~.~I -May/86 F~ Notes: (1) - Wetter eewioe or sewer service supplied by different entity. (2) - (Cl = City, TO = Town, CO = County, AU = Authority, WC = Water Corporation) (3) - C = meters read in cubic feet. Measurements based on cubic feet have been converted into gallons. G = meters read in gallons. (4) - Septic tanks (5) - Water provider only Rate structure: DB = Declining block commodity rate structure FL = Flat commodity rate structure with only one block IV = Inverted block commodity rate structure F1 = Flat rate per household with no volume basis NR = No response or incomplete response HIGHEST BILL 29.43 10,000 36.80 58.60 75.80 100.05 124.30 LOWEST BILL ..... 6.50 7.76 7.76 7.76 7.76 AVERAGE OF SAMPLE 10.74 971 18.00 26.77 33.08 3757 41.77 (c) - David M. Grifflth & Associates, Ltd. May, 1995 May be reproduced with permission from DMG and if DMG authorship is acknowledged. DAVE I. GRIFFITH & ASSOCIATES, L7 P~ge FLORIDA LEAGUE OF CITIES, INC. COMPARATIVE RATE SURVEY-RESIDENTIAL COMBINED WATER & SEWER BILLS MINIMUM BILLS BILLING ~COMBINED COMBINED BILLS AT VARIOUS CONS.LEVELS BASED ON CYCLE? ENTITY (2) MINIMUM 6,000 10,000 15,000 20,0OO 2S,000 METER SIZE? BILL Gallons Gallons Gallons Gallons Gallons Water Sewer W ~ Alachua CI 21.90 29.00 46.75 64.50 82.25 100.00 YE YE MO MO ~ Appalachicola Cl 19.75 24.75 31.50 43.50 56.00 68.50 NO NO MO MO 3 Archer (4) Cl 7.00 11.50 22.75 34.00 45.25 56.50 NO YE MO NR 4 Atlantis Cl 22.28 39.83 57.38 74.93 92.48 110.03 YE YE BI BI 5 Aubumdale Cl 22.75 22.75 27.15 32.65 39.40 46.15 NO NO MO MO 6 Baldwin TO ' 22.75 23.35 30.37 36.37 42.37 48.37 NR NR MO MO 7 Bartow Cl 24.60 24.60 32.10 39.60 47.10 64.60 NO NO MO MO 8 Bay County CO 19.83 30.53 49.03 67.53 73.03 78.53 YE NO MO MO 9 Bay Harbor Islands ;TO 24.30 25.00 35.50 46.00 56.50 67.00 YE NO MO MO 10 Belle Glade Cl 26.83 39.61 60.91 70.26 79.61 88.96 NO NO MO MO 11 Bellaalr TO 23.10 18.90 7.26 12.03 16.80 21.58 NO NO BI BI 12 Be!__~_ir Beach (1) Cl 25.49 26.37 30.77 35.17 39.57 43.97 YE NO BI BI 13 B~vlew Cl 8.55 18.55 32.55 47,55 62,55 77,55 NO NO MO MO 14 Blountstown CI 14.23 19,731 33,48 47.23 60.98 74.73 NO NO MO MO 15 Boca Raton Public Utilities Cl 13.55 14.43 15.30 16.18 17.05 17.93 YE NO BI BI 16 Bowling Green CI 27.00 28.50 36.00 43.50 51.00 58.50 NO NO MO MO 17 Boynton Beach Cl 23.43 27,64 43.65 60.40 77.90 95.40 NO NO MO MO 18 Bradenlon CI 20.71 27.55 44.15 61.75 78.85 95.95 YE YE MO MO 19 Bro_~_ville Cl 25.00 27.00 32.00 37.00 42.00 47.00 YE NO MO MO 20 Broward County CO 14.62 31,57 47,48 69.75 64.90 100.05 NO NO MO MO 21 Bushnell (4) Cl 5.75 15.70 25.95 36.20 48.48 55.70 YE ~ MO 22 Callaway CI 21.59 28.89 47.14 62.50 74.04 82.69 NO NO MO MO 23 Cape Coral Cl 15.60 40.35 1 66.35 79.35 94.35 110.35 YE YE MO MO 24 Carrabelle Cl 20.90 31.46' 44.96 56.86 68.76~ 80.66 NO NO MO MO 25 Casselberry Cl 12.60 30.65 48.70 66.75 64.81 104.05 YE YE MO MO 26 Century TO 17.55 23.60 37.32 51.47 65.62 79,77 NO NO MO MO 27 Charlotte CO 32.75 62.40 92.05 108.20 124.35 140.50 YE NO MO MO 28 Chattahoochee C; 9.60 17.92 26.241 31.13: 33.73 36.33 YE YE MO MO 29 Chiefland Cl 26,47 27.22 30.97! 34,72 38.47~ 42.22 NO NO MO MO 30 Chipley Cl 22.50 27.45 36.70 53.95 71.20 88.45 NO YE MO MO 31 Cleaw,'ater CI 15.56 25.94 52.78 83.18 114.48 143.98 YE YE MO MO 32 Clermont Cl 20.85 23.53 30.23 36.93 ~ 42.79 48.29 NO NO MO MO 33 Clewiston Cl 6.00 31.00 56.00 68.50 81.00 106.00 NO NO MO MO 34 Cocoa CI 11.62 30.42 49.22 60.12; 65.42 70.72 YE NO MO MO 35 Cocoa Beach (1) CI 18.03 27.03 50.28 74.13 97.98 121.83 YE NO MO MO 36 Coconut Creek CI 14.92 25.32 36.02 42.72 49.72 56.72 NO NO MO MO 37 Collier County Utilities Division CO 28.10 44.85 61.60 72.60 83,60 97.3b YE YE MO MO 38 Cooper City CI 20.75 37.85 54.95 64.40 73.85 83.30 NR NR MO MO 39 Coral Springs CI 31.99 43.40 55.39 68.24 81,10 93.96 YE YE MO MO 40 Crestview CI 20.75 30.35 54,35 78.35 87.55 93.05 NO NO MO MO 41 Crystal River CI 15.29 40.29 65.29 90.29 100.29 110.29 NO NO MO MO 42 Dada City Cl 22.40 25.36 40.16 54.96 64.08 71.48 NO NO MO MO 43 Davenport (4) Cl 6.75 8.35 12.35 16.35 20.85 25.35 NO ~ MO 44 Davie TO 25.28 44.93 64.58 84.23 92.98 101.73 YE YE MO MO 45 Daytona Beach CI 10.95 32.47 59.37 86.27 113.17 140.07 NO NO MO MO 4~7 Daytona Beach Shores- North (1) Cl 13.22 32.00 60,00 88.00 116.00 144.00 NO NR MO MO Daytona Beach Shores- South (1) Cl 15.24 32.80 63.40 94.05 124.65 155.25 YE NR MO MO 48 Deorfleld Beach Cl 13.66 25.31 37.48 48.33 52.88 59.43 NR NR MO MO 49 Defuniak Springs Cl 17.05 32.90 51.75 70.60 89.45 108.30 YE NO MO MO 50 Deland Cl 17.60 37.30 38.00 48.20 58.40 68.60 YE YE MO MO 51 Delray Beach Cl 19.99 34.86 50.06 59.62 65.42 71.72 YE YE MO MO Notes: (1) - Water service or sewer service supplied by different entity. (2) - (Cl = City, TO = Town, CO = County, AU = Authority, WC = Water Corporation) (3) - C = meters read in cubic feet. Measurements based on cubic feet have been converted into gallons. G = meters read in gallons. (4) - Septic tanks (5) - Single service provider (water or sewer only) Billing Cycles: M = Monthly B = Bimonthly Q = Quarterly S = Semiannual A = Annual NR = No or incomplete response HIGHEST BILL 40.43 62.40 103.14 168.47 201.77 235.07 LOWEST BILL 1.50 5.74 7.25 12.03 15.31 15.60 AVERAGE OF SAMPLE 17.06 28.72 44.40 58.71 71.86 84.73 (c) - David M. G~lfth & Associates, Ltd. May, 1995 May be reproduced wfth permission from DMG and if DMG authorship is acknowledged. ~*~e ~o D,. fl) M. GRIFFITH & ASSOCIATES, ~,TD. FLORIDA LEAGUE OF CITIES, INC. COMPARATIVE RATE SURVEY- RESIDENTIAL COMBINED WATER & SEWER BILLS MINIMUM BILLS BILLING i COMBINED COMBINED BILLS AT VARIOUS CONS.LEVELS BASED ON CYCLE?: ENTITY (2) MINIMUM 6,000 10,000 16,000 20,000 25,000 METER SIZE? ~MiO BILL Gallons Gallons Gallons Gallons Gallons Water Sewer W 52 Dunedin Cl 6.00 29.00 56.50 84.00 111.50 131.75 YE YE BI 53 Eagle Lake Cl 17.00 29.80 45.55 60.60 66.85 73.10 NO NO MO Eatonville TO 24.00 28.45 39.61 50.76 61.91 73.06 NO NO MO MO! 55 Elcambia County Utilities Authority CO 11,85 27,63 50,53 73,43 78,53 83,63 NR NR MO 56 Eustia Cl 28.56 33.28 45.08 52.53 59.98 67.43 NO NO MO MO' 57 Florida Ke~ Aqueduct Authority (5) WC 10.16 25.90 51.80 80.70 111.60 142.50 NO NE MO NR 56 Fort Lauderdale Cl 5.52 23.17 40.82 47.77 54.72 61.67 YE YE MO MOi 59 Fort Meade Cl 17.50 21.20 30.45 39.70 46.95, 56.20 YE NO MO MOl 60 Fort Nlyem Cl 9.80 39.31 69.51 81.76 100.26 118.76 NO NO MO MO] 61 Fort Pierce Cl 17.90 34.14 54.94 64.44 75.84 87',24 YE YE MO MO 62 Fort Walton Beach CI 12.50 24.70 41.70 59.20 67.90 74.40 YE - --- NO MO 63 FruiUand Park (4) CI 9.00 10.22 15.09 19.96 24.83 29,70 NO NR MO 64 Gaineevi#e Regional Utii. - Winter Ct 5.11 22.21 39.31 56.41 73.51 90.61 NO NO MO MO 65 Gslnesville Regional Util.- Summer Cl 5.11 22.21 39.61 56.21 76.81 95.41 NO NO MO MO 66 Gracevitle CI 15.40 24.50 37.50 50.50 63.50 76.50 NO NO MO MO 67 Green Cove Springs Cl 13.45 27.30 48.35 66.50 89.25 112.00 YE YE MO MO 68 Gretna Cl 29.00 26.00 41.00 56.00 71.00 86.00 YE YE MO MO 69 Gulfport CI 14.54 36.35 72.70 109.05 145.40 18i .75 NO - NO MO M"-~ 70 Haines City Cl 12.00 14.40 26.40 33.90 41.40 50.80 NO --- N-~ - ' M-'~' M'-'~' 71 Hallandale Cl 14.70 27.30 40.90 59.25 77.60 95.95 NO NO MO MO! 72 Havana TO 12.00 22.50 33.00 40.20 45.20 50.20 YE YE MO MO! 73 Hernando County Utilities CO 17.00 30.25 42.00 47.50 55.00 62.50 YE NO MO MO 74 Hialeah Cl 1.56 19.16 36.76 54.36 71.96 89.56 NO NO BI BI 75 High Springs (4) Cl 9.00 12.10 19.85 27.50 35.00 42.50 NO 76 Highland Beach TO 14.75 17.13 19.50 21.88 24.25 26.97 I ~-~ NO BI B'~ 77 Hillsboro Beach (1) TO 23.42 35.52 49.42 63.32 67.82 72.32 i NO N__O. MO MO 78 Hillsborough Co. Public Utilities CO 12.00 48.25 74.20 84.70 96.95 112.70 YE YE MO MO 79 Holly Hill Cl 15.54 56.90 72.50 108.10 143.70 179.30 NO NO MO MO 80 Homestead Cl 14.36 29.30 44.24 59.18 74.12 89.06 YE YE MO MO 81 Indian Rocks Beach (1) Ct 22.13 23.01 27.41 31.81 36.21 40.61 YE NO BI BI 82 Inglis Water Department (4) TO 15.00 19.50 31.75 44.25 56.75 69.25 YE NR MO NR 63 Intarlechen (4) TO 10.50 14.00 22.75 31.50 40.25 49.00 NO NR MO NR 84 Inverness Cl 12.18 27.38 40.20 48.05 51.90 57.75 NO NO MO MO; 65 Island Water Association~ Inc. [5) AU 11.00 25.15 41.90 61.40 63.65 108,65 NO NR MO HR ' 86 Jacksonville - Summer Cl 9.80 26.59 46.19 66,38 83.89 97.82 YE YE MO MO: 87 Jacksonville-Winter Cl 9.80 28.16 49.56 71.60 90.68 105.65 YE YE MO MO 68 Jacksonville Beach Cl 12.32 35.22 71.62 168.47 201.77 235.07 NR NR MO MO 89 Juno Beach - Midtown (1) TO 19.52 25.82 34.72 41,02 49,92 56,22 YE NO MO 90 Juno Beach- Southtown (1) TO 23.57 26.62 37.67 49.57 61.47 73.37 YE NO MO rIO 91 Jupiter (1) TO 19.52 25.82 34.72 41.02 49.92 56.22 YE NO MO QT 92 Labelle Cl 18.20 32.80 44.28 51.08 57.88 64,68 YE YE MO MO 93 Lady Lake TO 24.14 40.73 61.35 83.55 105.75 127.95 YE YE MO MO 94 Lake Butler Cl 29.97 32.99 40.54 46.09 55.64 63.19 NO NO MO MO 95 Lake City Cl 25.17 31.65 41.26 50.86 55.92 59.83 NR NR MO M._._O 96 Lake Clarke Shores (4) TO 16.25 31.00 46.75 60.50 75.25 90.00 YE 97 Lake Placid TO 18.25 25.75 33.75 42.75 51.25 60.75 YE YE MO MO 98 Lakeland Ct 8.85 21.30 30.75 35.70 40.65 45.60 YE YE MO MO 99 Lantana TO 14.53 28.68 42,83 48.20 53,58 60.03 YE YE MO MO: 100 Largo (1) CI 16.28 17.16 21.56 25.96 30.36 34.76 YE NO BI 101 Lauderhill Cl 6.50 18.00 29.50 41.00 52.50 64.00 YE YE BI BI 102 Lee County Utilities CO 20.25 45.75 79.25 101.19 119.09 _ 139.99, N__O. _N__O MC) M__O. (1) - Water een4ce or sewer service supplied by different entity. (2) - (Cl · City, TO = Town, CO = County. AU = Authority, WC = Water Corporation) (3) - C · me{em mad in cubic feet. Measurements based on cubic feet have been converted into gallons. G = meters read in gallons (4) - Seplio tanks (5) - Single een4ce provider (water or sewer only) B////ng eye/es: M · Monthly B = Bimonthly Q = Quarterly S · Semiannual A = Annual NR = No or incomplete response HIGHEST BILL 40,43 62.40 103.14 168.47 201.77 235.07 LOWEST BILL 1.50 5.74 7.25 12.03 15.31 15.60 AVERAGE OF SAMPLE 17.06 28.72 44.40 58,71 71.86 84,73 (C) - Devfd M. Gril~ & Associates, Ltd. May, f995 May be reproduced wf~ permission #om DMG and if DMG authorship is acknowledged. DAV1- ~. GRIFFITF! & ASSOCIATES, L, FLORIDA LEAGUE OF CITIES, INC. Page 1 1 COMPARATIVE RATE SURVEY-RESIDENTIAL COMBINED WATER & SEWER BILLS MINIMUM BILLS BILLING COMBINED COMBINED BILLS AT VARIOUS CONS.LEVELS BASED ON CYCLE? ENTITY (2) MINIMUM S,000 10,000 IS,000 20,000 2S,000 METER SIZE? BILL Gallons Gallons Gallons Gallons ,Gallons Water Sewer W S ' ~03 Leeshurg Cl 22.95 28.23 33.50 38.78 44.05 49.33 NO NO MO MO: 104 Live Oak CI 15.00 18,48 27,18 35.88 44.58 53.28 NO NO MO MO 105 Longbe::~ Key TO 15.75 28.70 38.26 45.56 52.86 60.16 NR NR MO MO, 105 Loxahatchee River District (5) AU 10,40 10.40 13.00 13.00 15.60 15.60 NR NO NR ! QT 107 Madeira Beach (1) Cl 19.52 20.40 24.80 29.20 33.60 38.00 NO NO BI [BI 108 Madison Cl 18.90 24.75 34.50 44.25 54.00 63.75 YE NO MO MO 109 Maitland CI 10.90 24.90 38.90 52.90 66.90 80.90 NO NO MO MO 110 Manatee CO 13.36 27.38 41.41 49.89 56.44 62.99 YE YE MO MO 111 Margate CI 16.89 22.59 28.29 33.99 39.69 45.39 NO NO MO MO 112 Martin County Utilities CO 27.20 52.55 77.90 90.15 105.65 121.15 YE YE MO Mu 113 MaryEsther Cl 15.74 19.38 28.44 38.74 49.04 54.19 NR NR MO MO 114 Masc, otte(4) Cl 6.75 11,25 22.50 33.75 45.00 56.25 NO NR MO NR 115 Miami Beach - Summer Cl 6.55 17.70 35.40 53.10 70.80 88.50 YE NO MO MO 116 Miami Beach - Winter Cl 7,70 18.85 37,70 56,55 75.40 94.25 YE NO MO MO 117 Miami Dade Water & Sewer Dept/dr CO 8.78 22.50 44.01 56.43 90.31 114.21 NO NO QT QT '118 Miami Dade Water & Sewer DeptJwe CO i 8.55 20.21 39.30 59.07 79.92 100.78 NO NO QT QT 119 Miami Springs Cl 23.07 25.00, 26.92 32.45 35.58 38.7(~ NO NO BI BI 120 Minneola (4) CI 5.00 8.25 15.50 23.00 30.50 38.00 NO ~ MO 121 Monticello , CI 32.00 32.66 34.31 35.96 37.61 39.26 NO NO MO MO 122 Mulberry Cl 34.00 36.25 47.50 58.00 68.50 79.00 NO NO MO MO 123 N, Redin~ton Beach (1) TO 24.62 25.50 29.90 34.30 38.70 43.10 YE NO 81 BI 124 Naples Cl 13.20 26.60 40.00 45.60 51.60 57.60 YE NO ~'1 ~i' '125 Neptune Beach CI 9.10 25.85 45.65 67.35 73.35 79.35 YE YE MO MO !125 New Pod Richey CI 7.45 20.21 33.76 47.51 56.66 64.66 YE YE QT QT 127 New Sm)rna Beach Cl 29.79 42.78 55.76 68.75 81,73 94.72 YE YE MO MO 128 Newberry Cl 29,00 32,50 41,25 50.00 58.75 67.50 NR NO MO Mb 129 Niceville CI 11.30 20.50 31.50 39.35 45.10 50.85 NO NO MO MO 130 North Lauderdaie CI 15.00 28.75 42.50 53.25 62.00 70.75 YE YE MO MO 131 North Miami Cl 8.51 19.16 35.97 52.77 69.58 86.39 YE YE QT QT 132 Ocala Cl 35.21 44.97 54.38 57.86 61.33 64.81 YE YE MO MO 133 Okaloosa County CO 14.56 29.16 43.76 56.36 72.96 87.26 NO NO MO MO 134 Okeechobee CI 12.05 31.75 51.45 71.15 133.45 163.80 YE YE MO MO 135 Oldsmar Cl 21.40 38.41 68.46 101.05 138.66 176.26 NO NO MO I~O :136 Orange County CO 22.33 40.61 62.45 81.13 90.08 99.03 YE YE MO MO 137 Orlando (1) CI 14.17 28.41 42.67 54.68 57.87 61.06 NO NO MO MO 1138 Orlando Utilities Commission (5) AU 2.55 5,74 8.95 12.12 15.31 18.50 NR ~ MO !139 Ormond Beach Cl 17.18 31.07 54.22 77.37 100.52 123.67 NO NO MO MO 1140 Pahokee Cl 26.27 42.03 81.43 120.83 160.23 199.63 YE NO MO MO ~,,!41 Palatka Cl 18.50 20.50 30.50 39.50 44.50 49.50 NO NO MO MO 142 Palm Bay Utility Corporation AU 17.31 43.75 70.30 87.15 137.50 1'56.00 Y'E YE MO MO 1143 Palm Beach County Water Utilities CO 11.00 21.40 38.40 55.40 72.40 89.40 YE NO MO MO !144 Palm Coast Utility Corporation WC 21.39 53.64 80.11 97.91 115,71 133.51 NO NO MO MO 145 Palm Springs 20.57 24.16 37.29 43.19 49.09 54.99 YE YE MO M'O 145 Palme,o i~'l 26.00 34.10 54.35 68.10 81.85 95.60 NO NO MO MO 147 Panama City Beach Cl 10.00 13.40 22.90 30.40 38.90 47.40 YE NO BI BI 1148 Parker Cl 15.94 24.73 42.43 60.13 77.83 95.53 NO NO MO ~O '149 Pasco County Utilities Services CO 17.67 36.54 56.34 65.89 76.19 86.49 YE YE MO MO 150 Perry ICl 9.28 33.93 58.58 70.58 82.58 94.56 ' YE YE MO 'MO 151 Pierson (4)I TO 15.00 21.00 41.00 56.00 91.00 116.00 NO NR MO NR 152 Pinelies County Utilities CO 25,38 26,26 30,66 35,06 39,45 43.86 YE NO BI BI i53 Pinellas Park CI 19.1t 31.85 64.26 101.86 138.95 177.70 NO NO MO- f~es: (1) - Water service or sewer service supplied by different entity. (2) - (Cl = City, TO = Town, CO = County, AU = Authority, WC = Water Corporation) (3) - C = meters reed in cubic feet. Measurements based on cubic feet have been converted into gallons. G = meters read in gallons. (4) - Septic tanks (5) - Single service provider (water or sewer only) Billing Cycles: M = Monthly B = Bimonthly Q = Quarterly S = Semiannual A = Annual NR= No or incomplete response HIGHEST BILL 40.43 62.40 103.14 168.47 201.77 235.07 LOWEST BILL 1.50 5.74 7.25 12.03 15.31 15.60 AVERAGE OF SAMPLE 17.06 28.72 44.40 58.71 71.86 84.73 (c) - David M. G#ffith & Associates, Ltd. May, 1995 May be reproduced with permission from DMG and if DMG autho/~hip is acknowledged. ea;a ~2 DA D M. GRIFFITH & ASSOCIATES~ FLORIDA LEAGUE OF CITIES, INC. COMPARATIVE RATE SURVEY-RESIDENTIAL COMBINED WATER & SEWER BILLS MINIMUM BILLS BILLING COMBINED COMBINEI~ BILLS AT VARIOUS CONS.LEVELS BASED ON CYCLE? ENTITY (2) MINIMUM $,000 10,000 1S,000 20,000 25,000 METER SIZE? BILL ;Gallons Gallons Gallons Gallons Gallons Waier Sewer W S 154 Pla~t City Cl 7,95 24.65 43.70 62.75 70.45 78.15 YE YE MO MO 155 Plantetion CI 15.12 33.37 51.62 69.87 88.12 106.37 NO NO MO MO 156 Pompano Beach CI 14.19 25.69 37.19 43.59 49.99 56.39 YE NR MO MO 157 Ponoelnlet TO 2~'.51 47.97 92.07 136.17 180.27 --' 224.37 I~ NR ~ ~10 155 Port Orange Cl 16.50 ' 32.95 61.70 90~50 119.25 148.00 YE YE MO MO 159 Port St. Joe Cl 6.48 16.20 32.40 48.60 64.80 81.00 NO N'~ MO MO 160 Port St. Lucie Cl 17.45 55.15 72.89 85.64 87.39 101.89 YE NR MO MO 161 Putnam County CO 35.00 35.00 35.00 35.00 35.00 35.00 NO NO MO MO 162 Quincy Cl 12.05 20.15 "30.70 36.50 42.30 48.10 YE YE MO MO 163 Redington Sh~es (1). TO 20.46 21.34 25.74 30.14 34.64 38.95 YE NO BI BI 164 Riverla Beach Cl 8.50 17.59 29.38 37.18 46.18 56.38 NO NO MO MO 165 Rockledge (1) CI 16.03 34.03 50.03 65.63 73.23 79.83 YE YE MO MO 165 Royal Palm Beach VI 2i.56 35.06 48.5'6 55.41 75.55 86.71 YE YE MO MO 167 Sanford Cl 15.18 29.90 54.42 '69.02 76.99 64.96 YE YE MO MO 168 Senibel (1} Cl 40.43 54.58 71.33 90.83 113.08 138.08 NO NO MO MO 169 Serasota County Utilities Dept. CO 24,24 59,59 103.14 130.04 159.54 189.04 NO NO MO MO 170 Seacoast Utility Authority AU . 23.57 ,26.62 37.67 49.57 61.47 73.37 YE N~) MO MO 171 Sebastian CI 30.25 52.90 77.68 93.15 114.80 136.45 YE _! YE MO MO 172 Sebring Cl 22.38 31.78 41.18 50.58 59.9~* 69.38 YE N-~ t73 Seminole County- Unincorporated CO 16.20 31.45 46.70 61.95 66.95 72.95 YE YE MO M--~ 174 Springr~ld Cl 20.72 24.60 44.00 63.,~3 71.65 79.90 NR NR MO MO 175 St. Cloud Cl 16.10 33.60 51.10 70.40 64.35 103.65 YE YE MO M--0 176 St. Johns CO .... 35.90 44.82 89,42 134.02 178.62 223.22 NO NO MO MO 177 St, Pete Beach (1} CI 17.52 18.40 22.80 27.20 31.60 35.00 YE NO BI BI 1'78 St. Petersburg Cl 8.18 24.63 41.80 60.05 80.10 100.15 YE YE MO MO 179 Sunrise Cl 15.24 27.24 39.24 51.24 58.16 70.63 NO NO MO MO 180 Surfaide TO 20.10 20.10 20.10 25.13 33.50 41.88 YE YE BI BI 181 Tallahsssea CI 16.55 33.00 52.50 72.00 91.50 111.00 YE YE MO MO 182 Tamarac-East Cl 10.14 33.49 56.84 80.19 90.14 100.09 NO NO MO MO 183 Tamarac Utility West CI 18.25 38.95 56.85 77,05 86,35 95.65 NO NO MO MO 184 Tampa CI 1.50 21.95 45.90 71.85 96,80 121.75 YE NO MO MO 185 Temple Terrace Cl 6.83 32.73 60.31 72.01 83.71 95.41 Y[= NO MO MO 186 Tsoluesta (~1) Vt 19.20 26.40 ' 36.20, 46.28 60.68 72.88 YE NO MO QT 187 Urnatilla Cl 28.00 28.60 31.60 34.60 37.60 ~ 40,60, NC) NO MO MO 165 Valparaiso CI 15.00 18.20: 28.95 35.30 40.55 ..... 45.80 N--O- ~ ' -N--~ t-~-~-~--~ 189 Venice Cl 16,68 47.73 78.78 '109.83 140.88 _ ._1__71.9___~3. yE _ __ y___~E MO MO 190 Vere Beach CI 28.41 38.09; 62.29 73.34 84.39 95.44 YE NO MO MO 191 Waldo Cl 27.00 30.18 46.08 61.98 77.88 93.78 -'~ NO MO MO t92 West Melbourne Cl 28.71 42,63 77.43 112.23 147.03 181.83 NO NO MO MO 193 W'ddwood Cl 23.78 33.73 48.69 58.11 69.52 80.93 NO NO MO MO 194 Winter Garden Cl 11.30 30.05 48,80 67,5'5 71,30 75.05 N~) NO MO MO ~95 Winter Haven CI 9,07 24.27 43.72 60.47 62.77 68.77 YE YE MO MO t96 Winter Park C'I 9.05 27.30 47.63 60.59 68.29 74.81 YE YE MO 197 Winter Springs ICl 10.23 27.73 45.23 49.78 57.'~8 64.78 YE YE' MO MO 198 Zephyrhills Cl 5.50 16.80 28.10 39.40 50.70 62.00 NO NO __, MC) M___O (1) - Water mmdce ~x ~Wer service supplied by different entity. (2) - (Cl = City, TO = Town, CO = County, AU = Authority, WC = Water Corporation) (3} - C · meters read in cubic feet. Measurements based on cubic feet have been converted into gallons. G = meters read in gallons. (4) - sepuc anks (5) - Single service provider (water or sewer only) ~lling Cycles: M · Monthly B = Bimonthly O = Quarterly $ = Semiannual A = Annual NR = No or incomplete response HIGHEST BILL 40.43 62.40 103.14 168.47 201.77 235,07 LOWEST BILL 1.50 5.74 7.25 12.03 1531 1560 AVERAGE OF SAMPLE 17.06 28.72 44.40 58.71 71.86 84 73 (c) - David M. Griflfth & Associates, Ltd. May, 1995 May be reproduced wfth permission from DMG and if DMG authorship is acknowledged. DAVID M. GRIFFITH & ASSOCIATES, LTD. ENVIRONMENTAL GROUP SERVICES User Charge/Rate Studies - Our approach is based on the premise that there are two separate issues involved in this area (i.e., "cost of services" and "rate design"). It is also based on AWWA and WEF national guides which are customized to meet the client's specific objectives and needs. We normally suggest a multi-year analysis where ex~nses drive revenues, and the cost of service is tied to operating and capital budgets and must take into account properly allocated indirect costs. All assumptions are documented and council participation is recommended. Acquisition and Fixed Asset Studies - These services generally involve a determination of the financial and operational feasibility of comb'ming another utility or district with a city/county utility. A key component of these amdies is the valuation of the utility's fixed assets. Solid Waste Management Cost of Service & Planning Studies - DMG is typically engaged by municipalities, counties, and regional districts to identify the full cost of providing solid waste services and to assist these entities in making various decisions related to their financial health. Impact Fee Studies - Impact fees, also known as system development charges, are used to allocate the costs of increasing capacity among the users of the new capacity. Our approach considers both the "incremental method", used primaxily for new construction, and the "buy-in method", used when there is existing capacity. All capital costs incurred in constructing new system capacity are recovered through fees paid only by new customers. In our studies, DMG can, if needed, determine the full cost of impact fees and present the consequences of implementing only partial fees. Financial Feasibility Studies - For debt issues requiting feasibility studies, we can perform comprehensive financial feasibility studies including rate requirements and projections of all financial statements and coverage ratios. Our studies can consider all revenue sources (e.g., impact fees). Stormwater Utility Studies - There are significant differences between County and City utilities and DMG has experience with both. Our approach is to provide assistance with all aspects of establishing a stormwater utility (i.e., feasibility analysis, program/fee design and implementation). F'mancial Planning - Long range capi~ improvement programs require that expenditures be planned in advance, in order to assure stability and smoothness in rates, as well as to optimize financing arrangements. DMG utilizes a multi-year financial model (URFM) to develop and answer "what-if" questions. Expert Witness - Litigation Support - DMG has supported its clients regarding several legal matters, working closely wiah the clients' staff and legal advisors. Comprehensive Management and Operational Review - DMG management studies encompass all significant functions and organizational activities performed. Knowledge of how each function is performed and how it interac~ or is interrelated is critical if there is to be a valid assessment of management techniques, management personnel, and operational costs. Establishing Utility Authorities - Our approach to evaluating the advantages and disadvantages of consolidating or separating utillty operations goes beyond a cost analysis. The ability to attract and retain qualified personnel, the concern of "another layer of government" and political control of the activity are just a few of the issues we consider. Acquisition analysis services are also offered which include detailed financial impact analysis based on current and future system operations. ORDINANCE NO. 32-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION (D), TO PROVIDE FOR AN INCREASE IN RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services rendered, the City Commission desires to more accurately reflect the payment for services provided for the rendition of water and sewer services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section I. That Chapter 53, "Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", Subsection (D) is hereby amended to read as follows: (D) The following rates and charges shall be collected from the users of the City sewerage system: (1) Residential dwelling units. A monthly sanitary sewer service charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Residential Inside City_ Outside City. (a) Customer charge $ 1.55 $ 1.58 $ ~ $ 1.97 (b) Capacity charge (per 9~ 9,46 !!.5~ 11.81 residential dwelling unit) (c) Commodity charge !. 12 1.15 1.42 1.45 (based on metered water with maximum of 12,000 gallons):City (per 1,000 gallons) South Central Regional .-7-5 .77 .-¢3 .94 Wastewater Treatment and Disposal Board (per 1,000 gallons) NOTES: Where no water service is provided and the user is connected to the sanitary sewer system, there shall be a monthly customer charge of $5.00 per residential dwelling unit, and the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition to the capacity charges as set forth above. Where no water service is provided and the user is not connected to the sanitary sewer system, and sewer service is available for connection, there shall be a monthly customer charge of $5.00 per residential unit and a capacity charge as set forth above. (2) Nonresidential/commercial units. A monthly sanitary sewer service charge is imposed upon each commercial and nonresidential unit to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Nonresidential/Commercial Inside Ci_ty Outside Ci.ty (a) Customer charge: $ 1.55 $ 1.58 $ ~ $ 1.97 (b) Capacity charge (per meter): 3/4-inch meter 9-_2-7 9.46 ! ! .Sg 11.81 l-inch meter ~ 15.79 19.25 19.74 1-1/2 inch meter 30.$5 31.48 3~.5~ 39.35 2-inch meter ~.9.~.~ 50.39 51.7~ 62.97 3-inch meter In~.!5 1.10.31 !25.!9 137.89 4-inch meter !94.5! 198.50 ?..~.27 248.14 6-inch meter ~22.5! 441.16 5~0.52 551.44 (c) Commodity charge: City (per 1,000 gallons) 1.13 1.15 I A2 1.45 South Central Regional .-~ .77 .-9g .94 Wastewater Treatment and Disposal Board (per 1,000 gallons) 2 ORD. NO. 32-96 NOTE (D: For those nonresidential/commercial units where water service is - not available, and the user is connected to the sanitary sewer system or sewer service is available for connection, there shall be a monthly customer charge of $5.00 and a capacity charge as set forth above. The commodity charge shall be based on the average usage for the type of business or nonresidential use. NOTE (2): The customer charges and capaci_ty charges as set forth in this section shall be due and payable each and every_ month, regardless of whether or not the water service is available or the water meter is actually turned on or off and without regard to usage or occupancy. ~ That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent.jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage on second and f'mal reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 1996. MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 32-96 MEMORANDUM TO: MAYOR AND CITY C(~S~SSIONERS FRC~4: CITY MANAGER ~ D.- oF 3, 1996 FIRST READING FOR ORDINANCE NO. 34-96 (LAYER'S NORTH SAD) DATE: AUGUST 30, 1996 · 11is is first reading for Ordinance No. 34-96 which modifies the Layer's North Special Activities District (SAD) by amending the master development plan to formally incorporate the temporary sales and reception building as a permanent structure on the site. The building in question is located on the south side of the development, adjacent to Egret Circle. It was built in 1981 as a temporary sales complex and was to be removed once the meeting rooms, restaurant and lounge associated with the tennis club were constructed. These improvements have since been eliminated. The building had been occupied by a tennis school and used as a sales office, but is currently vacant. It was vandalized earlier this year and severely damaged. Repairs were started but were stopped by the Building Department because no permit had been issued. Since the structure is technically shown as a temporary building and was not indicated on the master development plan, a permit cannot be issued without first obtaining formal approval. The Planning and Zoning Board reviewed this matter at public hearing on August 19, 1996, and voted unanimously to recommend that the request be approved 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 policies of the Comprehensive Plan, and subject to the following conditions: (1) That upgrading of the balance of the parking area be completed in conjunction with the parking lot upgrades to be installed by The Vinings; (2) The "Site and Landscape Plan Technical Items" identified in the staff report be incorporated into the parking lot improvement plans; (3) That a dumpster enclosure with screening and vision obscuring gates be provided and incorporated into the improvement plans for the parking lot; and (4) That the street lights throughout the Layer's North development be illuminated. Rec~.~,,end approval of Ordinance NO. 34-96 on first reading, based upon subject to the Planning and Zoning Board's recommendation. If passed, a public hearing will be scheduled for September 17, 1996. ORDINANCE NO. 34-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA¥ BEACH, FLORIDA, AMENDING THE LAVER' S NORTH SPECIAL ACTIVITIES DISTRICT (SAD) , AS ESTABLISHED BY ORDINANCE NO. 65-80, AND AMENDED BY ORDINANCE NO. 21-95, BY AMENDING THE APPROVED MASTER DEVELOPMENT PLAN OF RECORD TO FORMALLY INCORPORATE THE TEMPORARY SALES AND RECEPTION BUILDING AS A PERMANENT STRUCTURE ON THE SITE PLAN FOR THE DEVELOPMENT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, an application has been received for a modification to the SAD (Special ~tivities District) established by Ordinance No. 65-80, as amended by Ordinance No. 21-95, to allow the temporary sales and reception building to be made a permanent part of the approved site plan of record for the Layer's North development, to accommodate a tennis school/academy; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning aD~ Zoning Board held a public hearing and considered the subject matter at its meeting of August 19, 1996, and voted unanimously to recommend that the request be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, as Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF D~.~AY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Master Development Plan for the Laver's North SAD (Special Activities District) is hereby amended to make the existing 4,000 sq. ft. ' temporary' sales complex building a permanent structure to accommodate a tennis academy (International Tennis Resort) and sales office associated with the Layer's North development, as reflected on the approved site plan of record dated April 28, 1995. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED ANDADOPTED in regular session on second and final reading this the day of , 1996. MAYOR ATTEST: City Clerk First Reading Second Re~ding - 2 - Ord. No. 34-96 TO: DAVID T. HARD~,N, CITY MANAGER THRU: DIANE DOMINGUEZ, DIREC'I~OR ) AND'ZONING FROM: -- ,~E~F/i~EY A. COSTELLO ~SENIOR PLANNER SUBJECT: MEETING OF SEPTEMBER 3, 1996 APPROVAL OF A MODIFICATION TO THE LAYER'S NORTH SAD (SPECIAL ACTIVITIES DISTRICT), LOCATED ON THE NORTH SIDE OF EGRET CIRCLE. WHICH IS SOUTH OF LINTON BOULEVARD, BETWEEN S.W. 4TH AVENUE AND S.W. 10TH AVENUE. The action requested of the City Commission is that of a_~_oroval of an amendment to the SAD (Special Activities District) for Laver's North, pursuant to LDR Section 2.4.5(D). Because the modification involves a technical change to the master development plan, it must be processed as if it were an amendment to the SAD ordinance. The subject property is located on the north side of Egret Circle, which is south of Linton Boulevard, between S.W. 4th Avenue and S.W. 10th Avenue, within the SAD (Special Activities District) zone district. In lg81, a 4,000 sq.fl. "temporary" sales ~omplex for the condominiums and time-shares was constructed on the south side of the Laver's North development, adjacent to Egret Circle. The "temporary" sales complex was to be removed once the meeting rooms, restaurant and lounge associated with the tennis club were constructed. These improvements, however, were eliminated City Commission Documentation Meeting of September 3, 1996 Modification to the Laver's North SAD Master Development Plan Page 2 when the SAD was modified in 1995. The structure was occupied by a tennis academy/school (International Tennis Resort) and utilized as a sales office associated with the Laver's North development but is currently vacant. Earlier this year, the building was vandalized and the restrooms were severely damaged. The applicant started to repair the facility without proper permits and was issued a violation notice by the Community Improvement (Building) Department. As the structure has been represented as a "temporary" structure, and was not indicated on the master development, a building permit could not be issued without first obtaining formal approval for the structures. The development proposal is to amend the approved master development plan of record to make the existing 4,000 sq.ft. "temporary" sales complex building, a permanent structure to accommodate a tennis academy (International Tennis Resort) and sales office associated with the Laver's North development. At its meeting of August 19, 1996, the Planning and Zoning Board held a public hearing regarding the request. There was one member of the public that spoke in favor of the request, and no one spoke in opposition to the request. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the request be approved 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 policies of the Comprehensive Plan, subject to conditions listed in the staff report. By motion, approve the master development plan modification request to the Layer's North SAD (Special Activities District) based upon positive findings and conditions as recommended by the Planning and Zoning Board. Attachments: El P & Z Staff Report and Documentation of August 19, 1996 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 19, 1996 (Postponed from July 15, 1996 Meeting) AGENDA ITEM: V,A. ITEM: Modification to the SAD (Special Activities District) for Laver's North to Incorporate the Existing Temporary Reception Buildings as part of the Approved Site Plan of Record. GENERAL DATA: Owner/Applicant ............. Gloria Glass, L.P. A Georgia Limited Partnership c/o Doak Campbell, III Location .......................... North side of Egret Circle, which is located south of Linton Boulevard, between S.W. 4th Avenue & S.W. 10th Avenue. Property Size .............. ' .... 5 Acres Future Land Use Map ..... Medium Density Residential 5-12 du/ac Current Zoning ............... SAD (Special Activities District) Proposed Zoning ............ SAD Adjacent Zoning .... North: GC (General Commercial) & PC (Planned Commercial) East: CF (Community Facilities) & OSR (Open Space and Recreation) South: RM (Multiple Family Residential) West: PC & SAD Existing Land Use .......... An existing vacant "temporary" sales and reception building, a parking lot, and vacant land. Proposed Land Use ........ Modification to the SAD to allow the temporary sales and reception "b~iilding to be a permanent part of the approved site plan of record for the Laver's North development, to accommodate a tennis school/academy and a sales office. Water Service ................. Existing on-site. Sewer Service ................ Existing on-site. The action before the Board is that of making a recommendation on a modification to the Laver's North SAD (Special Activities District), pursuant to Section 2.4.5(D). The subject property is located on the north side of Egret Circle, which is south of Linton Boulevard, between S.W. 4th Avenue and S.W. 10th Avenue. 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 Loca. I 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. The subject property is a 5 acre portion of the overall 61.91 acre Laver's North development. On November 25, 1980, the City Commission approved Rezoning (RM-10 to SAD), Conditional Use and Site Plan approval requests for Layer's North. The Conditional Use and Site Plan approvals were for a tennis resort consisting of 610 dwelling units in eleven 5-story buildings, 26 tennis courts, re~eational amenities and resort facilities including meeting rooms, a restaurant and a lounge. A final plat was approved by the City Commission on May 12, 1981. On August 25, 1981 a modification to the Conditional Use was approved by the City Commission (via Ordinance No. 57-81) to allow 240 of the 610 dwelling units to be resort dwelling units (time-share units). Two site plan modifications were processed in 1981 and 1984 which involved additional access points and relocation of support buildings (maintenance and laundry buildings) and other minor adjustments. Between 1981 and 1995, 40.57 acres of the overall 61.91 acre development had been developed with a total of 318 units (six 5-story buildings), 19 tennis courts, and a portion of the resort facilities (2 buildings). In 1981, a 4,000 sq.ft. "temporary" sales complex for the condominiums and time-shares was constructed on the south side of the Laver's North development, adjacent to Egret Circle. On May 16, 1995, the City Commission approved a modification to the Laver's North SAD (via Ordinance No. 21-95) consisting of the following: El Modifications t~) t~e eastern 21.34 acre parcel which included the following: · Replacing 232 approved units (four proposed 5-story buildings) with 228 units (ten 2 and 3-story buildings) as well as a clubhouse and tot lot; · Elimination of 10 existing tennis courts; and, P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification Page 2 · Elimination of a portion of an existing parking lot (58 existing spaces and 37 future spaces for the tennis resort function). I;3 Modifications to the balance (western 40.57 acres) of the Laver's North development: · Addition of two tennis courts; · Elimination of proposed meeting rooms, restaurant, and lounge which were part of the proposed tennis resort facilities; and, · Modifications to the existing parking lot i.e. installation of pavement to provide internal circulation needed as a result of the elimination of the existing parking. At its meeting of June 28, 1995, the Site Plan Review and Appearance Board approved the site plan for the eastern 21.34 acres known as The Vinings at Delray Beach, a rental apartment community development by Trammell Crow Residential. The development is currently under construction with a majority of the units completed. The "temporary" sales complex constructed in 1981 was to be removed once the meeting rooms, restaurant and lounge associated with the tennis club were constructed. These improvements, however, were eliminated when the SAD was modified in 1995. The structure was occupied by a tennis academy/school (International Tennis Resort) and utilized as a sales office associated with the Layer's North development but is currently vacant. Earlier this year, the building was vandalized and the restrooms were severely damaged. The applicant started to repair the facility without proper permits and was issued a violation notice by the Community Improvement (Building) Department. As the structure has been represented as a "temporary" structure, and was not indicated on the master development, a building permit could not be issued without first obtaining formal approval for the structures. The current proposal is to amend the master development plan for the Laver's North SAD to make the "temporary" building permanent, which is now before the Board for action. ~:~::i:~:~:::~!~:~`~:i~!~::!:~:::~:~:~!~:!:~:~:~:~;:~i!~:~:::!~! : :! :::: :i '~: ..'.'::: ::~::::: ': :::. ':~:', ':: .i: :: .:i:.'. :; :: ':: The development proposal is to amend the approved master development plan of record to make the existing 4,000 sq.ft. "temporary" sales complex building, a permanent structure'to accommodate a tennis academy (International Tennis Resort) and sales office associated with the Laver's North development. The existing pre-fabricated wood frame structure has wood siding and a cedar shake roof. The building consists of 3 circular pods connected by hallways to a central reception pod. Associated with the structure is an existing entrance canopy, drop-off area, and associated parking spaces. P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification Page 3 REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zonir{g district must be consistent with the~ land use designation. The requested zoning change involves a modification to the Laver's North SAD and the associated master development plan. Upon approval, the parcel will retain the SAD zoning designation yet the approval will be associated with the requested modified master plan. The subject property has a Medium Density Residential 5-12 units per acre Future Land Use Map designation. 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 underlying Medium Density Residential designation. Further, the uses allowed within a specific SAD shall be consistent with the land use category shown on the Future Land Use Map. The original SAD Ordinance for Laver's North (Ordinance No. 57-81) lists the tennis clinic/school as an allowable conditional use within the Laver's North SAD. The proposed use is consistent with the underlying Medium Density Residential land use designation. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. 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 purpose of this SAD modification is to make the existing "temporary" structure, a perm..an.ent structure. The sales offices were to be relocated to the tennis club complex, once the meeting rooms, restaurant and lounge were constructed. These structures (totaling approximately 40,000 sq.ft, of floor area) were indicated on the approved master development at which time positive findings were made with respect to Concurrency i.e. water, sewer, drainage, traffic, parks and recreation facilities, and solid waste. VVhile the structures were eliminated with the SAD modification in 1995, 4,000 sq.ft, of the floor area was allocated to the existing "temporary" sales office and tennis school building. P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification Page 4 Thus, the existing structure is considered vested, and will not have any impacts with respect to Concurrency. 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. COMPREHENSIVE PLAN POt. lClES A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies were found. Section 3.3.2 (Standards for Rezonin_o Actions): Standards A, B and C are not applicable with respect to this rezoning request. The following is the applicable performance standard of Section 3.3.2: (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 adjacent properties to the north, east and west are part of the overall Laver's North SAD and south is zoned RM (Medium Density Residential). The surrounding land uses adjacent to the property include the following: The Vinings of Delray multiple family development to the north and east, the Layer's Resort and Racquet Club Condominium to the west and Laver's Delray Racquet Club to the south. The existing 1 and 2-story 4,000 sq.ft, structure is relatively Iow-scale compared to the surrounding 3 and 5-story multiple family structures, and is heavily landscaped. The existing structure has co-existed with the adjacent residences for many years, and compatibility is not a concern. However, it is noted the existing parking lot west of the building has not been well maintained and is in very poor condition. The north portion of the parking..Iot has been incorporated into the Vinings development. As a condition of the Vinings site plan approval, the Vinings is responsible for the reconstruction and landscaping of the parking area affected by this development, which is primarily the east half of the existing parking lot. The improvements are required to be completed prior to issuance of a Certificate of Occupancy for Building 10 (last residential building to be constructed) of the Vinings. The balance of the parking lot should be improved as a condition of the SAD modification. Upgrading of the balance of the parking area involves the installation of landscaping and P & Z Board Staff Report Layer's North - SAD (Special Activities District) Modification Page 5 restdping parking spaces. The improvements should be installed in conjunction with those to be provided by the Vinings. Section 2.4.5(D)(5) (Rezonin_= Findin_=s): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.t, 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: "Item "b" applies to the request. When the original site plan for the Laver's Development was approved as part of the SAD, there was an intent to use the reception building only through build-out and a new clubhouse was to be built. With the subsequent development failures, the plans for a new club were abandoned, the extra property sold (Trammell Crow) and the building which was intended to be temporary has now become necessary in operating the current club and tennis school. The structure, although named temporary, is built to permanent standards." ~ The Urezoning" is really more of a modification of the existing site plan and some minor use changes; therefore, these standards aren't entirely applicable. Item "c" most closely relates as the basis for which the SAD modification/rezoning should be granted. The proposed structure and proposed uses have co-existed with the surrounding residences for many years. If the modification is approved, improvements will be made to the structure to repair damages and make the property more harmonious with the adjacent residences. Based upon the above, it is appropriate to approve the SAD modification. 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. P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification Page 6 Perimeter Setbacks .for SAD~ Pursuant to Section 4.4.25(D)(1), 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 perpendicular to the abutting street. Adjacent to the subject area, along Egret Circle, the Laver's North development provides an 18 foot perimeter landscape setback with the existing "temporary" building set back 60 feet from the property line, thus this code requirement has been exceeded. Parking Requirements LDR Section 4.6.9(C)(4)(a) states that business and professional offices must provide 4 spaces per 1,000 sq.ft, of gross floor area, up to 3,000 sq.ft., and LDR Section 4.6.9(C)(6)(e) states that a tennis school must provide 1 space for every 5 students. Based upon the above, 4 spaces are required for the 1,000 sq.ft, office component and 14 spaces are required for the tennis school with a maximum anticipated enrollment of 70 students. Thus, a total of 18 parking spaces are required. The reconstructed parking lot to the west will contain 123 parking spaces with 4 spaces provided in front of the building along the drop-off driveway for a total of 127 parking spaces which exceeds the code requirement. Fire. Safety_. Building Codes If approval is granted for the existing "temporary" structure to become 'permanent", a building application must be submitted which addresses .,all Fire, Safety and Building Codes. Staff has conducted site inspections and have comments regarding the existing deficiencies and appropriate changes to obtain compliance. These comments have been transmitted to the applicant and must be addressed with the submittal of a building permit application. Site and Landsca_~e Plan Technical Items: In reviewing the proposed master development plan modification, several deficiencies were noted. The following deficiencies are items that do not require specific action of the Board, however, the items must be addressed with the submittal of revised plans. P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification Page 7 1. Pursuant to the Florida Handicap Accessibility Requirements Manual, parking lots containing between 101 and 150 spaces must provide 5 handicap accessible parking spaces. This will need to be indicated on the improvement plans for the parking lot. 2. W'rthin the parking tier just west of the Vinings, 13 parking spaces have been provided where a maximum of 10 are allowed. 3. All dead or weed infested lawn areas surrounding the modular buildings must be resodded. 4. Complete landscape maintenance is required such weeding, mulching and fertilizing the shrub b~ds. Dumpster Enclosure A dumpster area currently does not exist to accommodate refuse generated by the school and offices uses. A dumpster area was not previously provided as the structure was to be "temporary". As the proposal is to make the structure permanent, it is appropriate to install a dumpster enclosure with screening and vision obscuring gates. This improvement should be incorporated into the improvements plans for the west parking lot. Street Lighting The street lights along Laver's North Drive and Egret Circle were required as part of the original SAD approval in 1980. It has been brought to staff's attention that a majority of the street lights throughout the Laver's North development have not been regularly illuminated. With the Vinings development new street lights have been installed and will be properly illuminated. The street lights adjacent to the Lakeview Apartments (north side of the development) are also illuminated, however, the balance of the street lights throughout the development are not regularly maintained or illuminated. The non-illumination of these street lights is a safety concern as well as a violation of the original SAD approval. The applicant for the current SAD modification owns the portions of the roadways that include the street lights that are not illuminated. If the current SAD modification is approved, it should be with the understanding that the street lights be illuminated and repaired, if necessary, and that all other aspects of the SAD be complied with. P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification Page 8 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). Public and Courtesy Notices: Formal public notice has been provided to property owners within 500 feet radius of the subject property. In addition, Courtesy notices were provided to the following homeowner's and neighborhood associations: [3 Tropic Palms [3 Town and Country [3 Laver's Association [3 Progressive Residents of Delray (PROD) [3 Delray Property Owners Attached is a letter of objection and a letter expressing concerns with the lack of street lighting in this area. Any additional letters, if any, will be presented at the Planning and Zoning Board meeting. The SAD modification request is to retain the existing structure and indicate the structure on the master development plan. The modification proposal complies with the Comprehensive Plan, and Chapter 3 and Section 2.4.5(D), that the SAD modification is more appropriate given the existing use of the property as a tennis school and office. Improvements to the existing parking area are proposed in conjunction with the Vinings development. These improvements will be an enhancement to the property as well as the surrounding neighborhood. I A. Continue with direction. B. Recommend approval of the modification request to the Laver's North SAD 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 policies of the Comprehensive Plan, subject to conditions. C. Recommend denial of the modification request to the Layer's North SAD based upon a failure to make a positive finding with respect to Chapter 3.3.2 (Compatibility), and that pursuant to Section 2.4.5(D)(5) the rezoning fails to fulfill at least one of the reasons listed. P & Z Board Staff Report Layer's North - SAD (Special Activities District) Modification Page9 Recommend to the City Commission approval of the modification request to the Laver's North SAD (Special Activities District) 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 policies of the Comprehensive Plan, subject to the following conditions: 1. That upgrading of the balance of the parking area be completed in conjunction with the parking lot upgrades to be installed by the Vinings; 2. The 'Site and Landscape Plan Technical Items" identified in this Staff Report be incorporated into the parking lot improvements plans; 3. That a dumpster enclosure with screening and vision obscuring gates be provided and incorporated into the improvement plans for the parking lot; and, 4. That the street lights throughout the Laver's North development be illuminated. Attachments: El Location Map El Site Plan Report prepared by: ,left Costello. Senior Planner Al FSE & MORTON PECHT-r_R Pholojoumalists PECHTER PHOTO Phone · 407-272-3252 5~0 EGRET CIRCLE · SUITE 8502 Faa · 407.272-3266 DEI.RAY BEACH, FLA 3,2a.a.~. 7919 E-Mall ' T3517.257~ompusev~'e.com ASMP - NPPA ® U*~.~WAT~J~ ~,~o'ro0~.~,m' Intemet· July I0, 1996 City of Delray Beach Planning & Zoning Board 100 N.W. 1st Avenue ' Delray Beach, Florida 33444 Gentlemen: We have received your notification of a request to ntodi~' the existing SAD for Lavers North to incorporate the existing temporao' reception buildings as a part of the approved site platt of record. We most definitely do object to any such modification. We are the owners of 5 apartments at Lavers. Four of them are within the five hundred foot radius of the Lavers North property. Three of the apartments are our personal, permanent residence and are in the 500 foot radius area. When we bought our apartments, we were informed that the building in question was to be a temporary sales office until the apartments were sold by the then owner of the property. At such time the building would be demolished and 3 more tennis courts put on that site. We have not been happy with the fact that this building has remained in existence this length of time. It was never constructed to be a permanent structure. We are most anxious to put ourseIves on record as opposing an3' downzing or changing of the original plans and hope the Planning Board will acknowledge the rights of the original purchasers of these apartments and refuse to request such a change. Very truly yours, July 24, 1996 100 N. W. ]st Avenue Delray B~rh; FL Attention: Mr. Jeff O0~tello RE: FILE 96-186-R~U~OZA ~he file I refer to is th~ o~e ~fL~ch c~ a te~-dry b~_ldin~ to a pe~'~nt ~ on ~jret Circle; at Lavers. I am a permanent resident, livir~ on ~r~t Circle. First, let n~ say that I have no objection to tiae_ ~ .2pposed plan of ~e_ c~er of that property for a business such as a rea! estate off,e,- er si~t~/~.r. I ~. ~ a.c~inst any successf~ endeavor, so long as it hurts nothing or d~% .n~:~... the "atn~" of ~3~ area. However,- there has been an cx~?3~_~g prcbl~n., for years ~ t_be o~.~er and h~,'~3er of that property,, the only ones $,~o cculd hav~ reso!%.~} it, ha%~ n~ver held to verbal agre~,~-~ts or ~u~.~es to resol~ the ~gobl~n. ~r~, it truly might sc~day re_~a/t in bc~ily harm, or even death, to people in the area. I belie%~ t~nt nc~ t_here is a great opportunity, by your plarg~J]g department,, to resolv~ ~ ~ubl~n. Ln th~ ch~ce that ~u might say (m%e thing has nothing to do with ~-~ther I beg to differ. The problem is that the ~a~_r of the_ r~ad, Lgret Circle, has re_~used to turn on the lights on that road, or the_ portion of La',~__~s Circle t~at ~;.~<_Ces onto .Egret Circle, and to put a onm~sion and Delray authorities ~ be re.are %~at ~erhaps a dozen ~hicles have driven '~p Circle fear that whan s~mec~e ~Lks ~ either roads at night the cars ~ich very definitely speed and ~ich c~x%ot possibly see th~se people well or until they are practically upon then wg]] absolu~!y..hi.t' ~d~.., so~.~ or later. And, the car~ ~id] drive 'hmp the island",- on D~£et Circle,- %,~11 e-._~..~y ~ more th~n just a heavily d~L~ged car, the latter being the case most of the tire. Fir~]]y, the ~ area has to be a "cr/me ~e~efor~; ra~her tha~ to allOw more t~-~ffic into the area %"ith a new b~sir~ss I ~sk Mr. O~stello ar~ the plannir~ dep~zb~'~t to r~l(~- that their re_~nsible pa6it~ can help all ~ by ~ that lights be Dui on for the described areos, and a substanc(al light ~elo~me their ~usiness. JUL ~$ MEMORANDUM TO: MAYOR AND CITY (XIMMISSIONERS FR(~: CITY MANAGER ~I # or 3, 1996 FIRST READING FOR ORDINANCE NO. 35-96 (ANNEXATIONt INITIAL ZONING AND SMALL SCALE FU~3BE LAND USE MAP AMENDMENT/CARUSILLO AND EVANS PROPERTY ~ATE: AUGUST 28, 1996 This is first reading for Ordinance No. 35-96 which annexes a 4.18 acre parcel of land located on the west side of Military Trail, approximately 1,400 feet south of Atlantic Avenue. The property is vacant and is bounded on the south and west by the Country Club Acres single family subdivision. The ord/nance est_~blishes initial zoning of RM-8 (Medium Density Residential - 8 units/acre), and also provides for a small scale land use plan amendment to change from the County's designation of HR-8 (High Density Residential - 8 units/acre) to an official City designation of Medium Density Residential 5-12 units/acre. In July of 1995, the City Commission denied a voluntary annexation request with initial zoning of POC (Planned Office Center) as well as a Future Land Use Map amendment from County HR-8 to City Transitional. The denial was based upon the inappropriateness of the POC zoning adjacent to the single family subdivision and the potential impacts on the residences. The applicant submitted the current request in July, 1996. Please refer to the staff report for further analysis. The Planning and Zoning Board considered this matter at public hearing on August 19, 1996, and voted unanimously to reco~;~end that the request be approved, based upon positive findings with respect to Chapter 3 (Performance StaD_~a~ds) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Recommend approval of Ordinance No. 35-96 on first reading, based upon the findings and recommendation by the Planning and Zoning Board. If passed, a quasi-judicial hearing will be scheduled for September 17, 1996. ref: agmemo9 ORDINANCE NO. 35-96 AN ORDINANCE OF THE CIT~ Cf~9~ISSIC~ OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 1,400 FEET SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS OONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF %~HE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR SAID LAND TO THE FU~JRE LAND USE MAP AS CONTAINED IN THE CC~PREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN A}~4DM~NTS; PP42NIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN WHEREAS, Louis J. Carusillo and Harold R. Evans are the fee-simple owners of a -4cT~-acre vacant parcel of land located on the west side of Milit_a~y Trail, approximately ! ,400 feet south of Atlantic Avenue; and WHEREAS, Michael Covelli, Caulfield & Wheeler, Inc., as duly authorized agent for the fee-simple owners hereinabove named, has requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of HR-8 (High Density Residential - 8 units/acre); 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 units/acre; and WHEREAS, the City' s Future ~nd Use Map designation of Medium Density Residential 5-12 units/acre is consistent with the County FLUM designation of HR-8 (High Density Residential - 8 units/acre) for the property hereinafter described; 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 Develo~ent 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 A~gust 19, 1996, and voted unan/mously to recc~meD~ that the request be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLIf~S: Section I. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The East Half (E 1/2) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 23, Township 46 South, Range 42 East, Palm Beach County, Florida, LESS the right-of-way for Military Trail (State Road 809) and subject to 66 foot area claimed by Lake Worth Drainage District per Court Decision BY 1915 (Chancery Case No. 407). The subject property is located on t hew est side of Military Trail, approximately 1,400 feet south of Atlantic Avenue; containing 4.18 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 tow h ich 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 DelrayBeach, Florida. - 2 - Ord. No. 35-96 Section 4. Chat 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 B~sidential 5-12 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 Develo~ent 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 units/acre) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second aD~ 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 develo~nent orders, develo~ent 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 Cc~mission, 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 Cc~m~ty Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. - 3 - Ord. No. 35-96 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1996. MAYOR ATTEST: City Clerk First Reading Second Reading - 4 - Ord. No. 35-96 DELRA Y OF ALLIANCE ~ PUBLIX EXECU TIg~. INDOOR DELRA Y CHURCH SQUARE FLEA WEST A T L A N TI C .I, A V E N U E SANK 8ANK |,~' I ! DELRA Y BAbY ~9~$T SUPERS TORE PLAZA SCO TTY~ ~ PLAZA ° .< ~. UNC0~N ROAD WASHINGTON ROAD N N ANNEXATION ~ CARUSILLO & EVANS PROPERTY -- OIGIFAI. ~AS£ MAP sYSr£M -- M~p R£F: LM092 TO: DAVID T. HARDEN,~ CITY MANAGER FROM: -J/E~Fri~Y A. COSTELLO 88N[OR PlaNNER SUBJECT: MEETING OF SEPTEMBER 3, 1996 ANNEXATION. SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY HR-8 (HIGH DENSITY RESIDENTIAL - 8 DUlAC) TO CITY MEDIUM DENSITY RESIDENTIAL 5-12 UNITS PER ACRE, AND INITIAL ZONING OF RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 UNITS PER ACRE) FOR A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL. APPROXIMATELY 1,400 FEET SOUTH OF ATLANTIC AVENUE (CARUSILLO AND EVANS PROPERTY). The action requested of the City Commission is that of approval on first reading of an ordinance annexing a 4.18 acre parcel of land, changing the Future Land Use Map designation from County HR-8 to City Medium Density Residential 5-12 units per acre, and applying an initial zoning designation of RM-8 (Medium Density Residential - 8 units per acre). The subject property is located on the west side of Military Trail, approximately 1,400 feet south of Atlantic Avenue. The subject property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zone designation. The property is also located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The property is vacant with the exception of a billboard located at the southeast corner of the parcel. City Commission Documentation Meeting of September 3, 1996 Annexation, Small-Scale FLUM Amendment with initial zoning of RM-8 Page 2 On July 11,1995, the City Commission denied a voluntary annexation request for the subject property with initial zoning of POC (Planned Office Center) as well as the Future Land Use Map amendment from County HR-8 (High Density Residential - 8 du/ac) to City Transitional. The denial was based upon the inappropriateness of the POC zoning adjacent to the single family subdivision to the south and west (Country Club Acres), and the potential impacts on the residences. The subject property is a 4.18 acre vacant parcel having a County Future Land Use Map designation of HR-8 (High Density Residential - 8 units per acre) and County zoning of AR (Agricultural Residential). The proposal is to annex the property into the City, change the Future Land Use Map designation to City Medium Density Residential 5-12 units per acre, and apply an initial zoning designation of RM-8 (Medium Density Residential - 8 units per acre). Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of August 19, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. A resident of the Country Club Acres subdivision offered testimony opposing the annexation, land use map amendment and initial zoning, as a site plan did not accompany the requests indicating how the site is going to be developed. There was another resident of Country Club Acres subdivision that inquired as to the development regulations and utility requirements. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests be approved, 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). By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from County HR-8 to City Medium Density Residential 5-12 units per acre, and applying an initial zoning designation of RM-8 (Medium Density Residential - 8 units per acre), based upon the findings and recommendation by the Planning and Zoning Board, and setting a public hearing date of September 17, 1996. Attachments: P & Z Staff Report and Documentation of August 19, 1996 Ordinance by Others PLANNING AND ZONING BOARD CiTY OF DELIa, AY BEACH ---STAFF REPORT--- MEETING DATE: August 19, 1996 AGENDA ITEM: v.c. ITEM: Future Land Use Map Amendment from County HR-8 (High Density Residential - 8 units/acre) to City Medium De. ns.!ty Residential 5-12 units/acre, and Annexation with Initial Zoning of RM-8 (Medium Density Residential - 8 units/acm) for the Carusillo and Evans property, Located on the West Side of Military Trail, Approximately 1,400 Feet South of Atlantic Avenue. / aA~o~;C~ Owner/Applicant ......................... Louis Carusillo & Harold Evans Agent .......................................... Michael Covelli Caulfield & Wheeler, Inc. Location ..................................... West side of Military Trail, ~ D~:e~' SUPERS TOR£ V~ZS T approximately 1400 ft. south of ~,:~z~ ~,~ Atlantic Avenue. Property Size .............................. 4.18 Acres Existing County Future Land Use Map Designation ................ HR-8 (High Density Residential - 8 units/acre) Proposed City Future Land Use Map Designation ......................... Medium Density Residential u.c~ 5-12 units/acre Existing County Zoning ............... AR (Agricultural Residential) Proposed City Zoning ................. RM-8 (Medium Density Residential - 8 units/acre) Adjacent Zoning ................ North: County AR East: City R-1-A (Single Family Residential) South: County RS (Single Family Residential) West: County RS Existing Land Use ...................... Vacant land with a billboard on the southeast portion of the property. Proposed Land Use .................... Annexation with initial zoning of RM-8 to obtain City services for a multiple family development. Water Service ............................. Available via connection to an existing 12" water main along the east side of Military Trail. Sewer Service ............................ Available via installation of a lift station and connection to a 4" force main along the west side of Military Trail. V.C. The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida Statute 171.044), and a Small-Scale Future Land Use Map amendment from County HR- 8 (High Density Residential - 8 units per acre) to-Oity Medium Density Residential 5-12 du/ac with initial zoning of RM-8 (Medium Density Residential - 8 du/ac). LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. The subject property is located on the west side of Military Trail, approximately 1,400 feet south of Atlantic Avenue. The subject property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zone designation. The property is also located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The property is vacant with the exception of a billboard located at the southeast corner of the parcel. No land use history is available on this property. On July 11,1995, the City Commission denied a voluntary annexation request with initial zoning of POC (Planned Office Center) as well as the Future Land Use Map amendment from County HR-8 (High Density Residential - 8 du/ac) to City Transitional. The denial was based upon the inappropriateness of the POC zoning adjacent to the single family subdivision to the south and west (Country Club Acres), and the potential impacts on the residences. On July 3, 1996, requests for Annexation, Future Land Use Map Amendment and Initial Zoning were submitted to accommodate the RM-8 (Medium Density Residential - 8 du/ac) zoning designation, and are now before the Board for action. The subject property is a 4.18 acre vacant parcel having a County Future Land , .... Use Map designation of HR-8 (High Density Residential - 8 units per acre) and County zoning of AR (Agricultural Residential). The proposal is to annex the property into the City, change the Future Land Use Map designation to City Medium Density Residential 5-12 du/ac, and apply an initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac). Planning and Zoning Board Staff report Camssilio and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 2 Current Land Use Designations: The current County land use map designation for the property is County HR-8 (High Density Eesidential - 8 du/ac). The current City "advisory" designation for this property is Transitional. Requested Land Use Designation: The requested Future Land Use Map change is to City Medium Density Residential 5-12 du/ac. Florida Statutes 163.3187 -Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small Scale Development pursuant to Florida 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 either 10 acres of nonresidential land, singularly or in combination with residential use, or 10 acres of residential land with a density of 10 units per acre or less; ' - I;3 The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, [3 The proposed amendment does not involve the same property owner's property within a 200 feet of property granted a change within a period of 12 months. The land use map amendment involves a 4.18 acre area, thus the total area is less than the 10 acre maximum. The proposed amendment to Medium Density Residential 5-12 du/ac (MDR) is being processed concurrently with a request for annexation and initial zoning of RM-8 (Medium Density Residential - 8 du/ac) to accommodate a multiple family development. The MDR land use designation allows consistent zoning districts which include single family and multiple family development. This amendment along with other small scale amendments processed this year ~:~ ..... will not exceed 60 acres. This property has not previously been considered for a land use amendment nor have any of the same property owner's properties been granted a land use change within 200 feet or within the last year. Planning and Zoning Board Staff report Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 3 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 b~ ~onsistent with the land use designation as shown on the Future Land Use Map. The accompanying annexation and initial zoning application is seeking a RM-8 (Medium Density Residential - 8 du/ac) zoning district. The proposed use (multiple family development) is allowed as a permitted use within the RM-8 zoning district. The Medium Density Residential 5-12 du/ac land use designation is consistent with the proposed RM-8 zoning designation. Consistency between the City_ and County_ Land Use Designations: The proposed City Future Land Use Map designation for the property is Medium Density Residential 5-12 du/ac. The existing County Future Land Use Map designation for the property is HR-8 (High Density Residential - 8 units per acre). The City's MDR land use designation is consistent with the County's HR-8 designation in that Medium Density Residential zoning is allowed. The current "advisory" Transitional designation allows multiple family development as well as office and limited commercial development. The City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed. As the property was denied annexation in 1995, due to the proposed office zoning (POC), and to ensure residential development, the MDR land use designation is being sought. Adjacent Land Use MaD Designations. Zoning Designations & Land Uses: North: North of the subject property, across the L-34 Canal, has a Palm Beach County land use designation of HR-8 (with an advisory City land use designation of Transitional) and is zoned AR (Agricultural Residential). The property is currently vacant and contains a billboard. South end West'. The abutting properties to the south and west have a Palm Beach County land use designation of MR-5 (Medium Density Residential - 5 du/ac) (with an advisory City designation of Low Density Residential - 0-5 du/ac), and are zoned RS (Single Family Residential). The existing land use is a single family subdivision known as County Club Acres. East: East of the property, across Military Trail has a City Low Density Residential 0-5 du/ac land use designation and is zoned R-1-A (Single Family Residential). The existing use of the property is a planned residential development known as The Hamlet, a country club community. Planning and Zoning Board Staff report Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 4 Allowable Land Uses: Under the Proposed Medium Density Residential 5-12 du/ac designation, residential zoning districts which accommodate single family and multiple family units (R-1-A thru R-l-AAA, RL, PRD, and RM) are allowed'. Yhe applicant has requested an initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac). This zoning designation is consistent with the proposed land use designation. Land Use ¢ompatibili~; 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 usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Homeownership is characteristic of this designation. Where Medium Density Residential exists, uses other than those which are residential in character shall not be considered. Compatibility with the abutting residential development (Country Club Acres) is not a major concern, however, there are sufficient regulations in place which will mitigate any potential adverse impacts. With respect to the Hamlet development east of Military Trail, there is a substantial landscape buffer with a chain link fence along the west boundary of the Hamlet development (east side of Military Trail) with a street internal to The Hamlet adjacent to the landscape buffer. Further, the development will be separated by a six lane divided roadway upon the widening of Military Trail (scheduled 1996/97). Under the County designation of 8 units per acre, the resulting development would be Iow density multi-family development. 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". El The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. Planning and Zoning Board Staff report Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 5 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, [Jnder his ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Apnexation Area: The territory to be annexed is located within "designated annexation area No. 5" on the west side of Military Trail south of Atlantic Avenue. Annexation of the territory is consistent with Future Land Use Element Policy B-3.4, 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 7. Zone 7 is bordered by Jog Road on the west, the Delray Beach City Limits on the east, Atlantic Avenue on the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north and south of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 5.5 minutes of the ~ Fire Department (Fire Station #~t2/Hagen Ranch Road near the Turnpike) to approximately 2.5 minutes for the City's Fire Department (Fire Station ~t at Barwick and Lake Ida Roads). Water: Municipal water service is available via connection to an existing 12" water main located along the east side of Military Trail. It is recommended this Planning and Zoning Board Staff report Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page6 improvement across Military Trail be coordinated with the widening of Military Trail in fiscal year 1996197. With future development of this property, main extensions (minimum 8") to the west and south property lines will also be required in order to provide continuation of service and futul:e connections to the Country Club Acres residences. Along the new main, fire hydrants must be installed with a maximum spacing of 300 feet if 3-story multi-family structures are provided, and 400 feet for multi-family structures up to 2-stories. Also, looping of the main internal to the site for system integrity will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Sewer: Sewer service is available adjacent to the site via an existing 4" force main along the west side of Military Trail. Wrth future development, the installation of a lift station and sewer main extensions to the west property line will be required. The lift station must be designed to accommodate the proposed multiple family development as well as the existing Country Club Acres subdivision which is currently served by septic systems. The City will participate in the increased cost associated with sizing the lift station to accommodate future flows. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: This property has direct access to Military Trail, which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. A traffic study was submitted based upon the maximum development potential allowed under the proposed Medium Density Residential of 12 units per acre (50 multiple family dwelling units) generating a total of 350 average daily trips. This is a '~Norst case" scenario, as the intended proposed development is an 8- unit per acre multiple family development which would allow 33 units or 231 vehicle tdps. It is noted that Military Trail between Atlantic Avenue and Clint Moore Road is operating at a level of service "E". At the end of 1995, this roadway failed level of service "D". Thus, no additional development can occur until Military Trail is widened from 4 lanes to 6 lanes which is scheduled for fiscal year 1996/97. Parks and Open Space: The proposed RM-8 zoning distdct will allow a maximum development potential of 33 units. These units will not have a significant impact with respect to level of service standards for parks and recreation facilities. The impacts of the potential residents were factored into the park demands calculated on build-out projections. Further, the City currently provides approximately 8 acres per 1,000 residents of recreation space which far exceeds the desired standard of 3 acres per 1,000 residents established in the Comprehensive Plan. With future residential development, a parks and Planning and Zoning Board Staff report Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page7 recreation impact fee of $500 per unit will be assessed at the time of building permit. Solid Waste: As there is no change in actual land use at t.his., time, there will be no impact on solid waste disposal. The service provider will remain the same, as described later in this report. Financial Impacts: Effect UDon Annexed Property_: For the 1995 tax year the subject property had an assessed value of $72,420. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millaoe VVith Annexation Fire/Rescue MSTU 2.5539 Deleted (County) Library .4437 Deleted (County) City Of Delray Beach 6.8800 Added (City) City of Delray Beach Debt .1.0700 Added (City) 4.9524 Difference* * Total tax millage in the County is 20.1501 mills while in the City the total millage rate is 25.1020 mills. The current yearly ad valorem taxes are $1,452.30. With annexation the yearly ad valorem taxes will be $1,810.68; a tax difference of $ 358.65. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc.. A 25% discount from the assessment is available as the site is within the Lake Worth Drainage District and an additional 25% discount may be available if drainage is retained on site. As the property is currently vacant, this assessment is not imposed. With future development, the storm water utility tax will be assessed. Solid Waste Authority - The Military Trail annexation areas are currently serviced by BFI (Browning-Ferris Industries). The City is currently contracted with Waste Management, Inc. which will terminate on September 30, 1996. The new waste service provider will be BFI (Browning-Ferris Industries). Thus, when the City's current contract expires, the waste provider for this property will be the current County provider. The out-of-City/in-City rates are anticipated to be competitive. Planning and Zoning Board Staff report Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 8 Occupational License Fees - As the property is residential in nature, an occupational license will not be required. Thus, there will be no change in occupation license fees. Resulting Impacts to Property Owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES +$ 358.65 (Change from 94195 county of 20.1501 to City 94/95 rate 25.1020 mills.(4.9524 NON AD VALOREM Stormwater Assessment $ .00 Solid Waste Collection $ .00 WATER & SEWER UTILITY FEES $ .00 OCCUPATIONAL LICENSE FEES $ .00 ANNUAL FINANCIAL IMPACT: +$ 358.65 * NA - Data not available SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) , 5.5 minutes (County) to 2.5 minutes ,(City) EMS + Faster response time from (estimated time) , 5.5 minutes (County) to 2.5 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs reactive opportunity to work with property owners Planning and Zoning Board Staff report Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 9 Fiscal Impacts to the City.: At the 1996 City operating millage rate of 6.88 mills and debt rate of 1.07 mills, the property will generate approximately $ 575.74 in new ad valorem taxes per year. With the future multiple family development, additional revenues will be realized through increased, assessment value, building permit fees, the annual collection of the stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. The proposed City zoning designation is RM-8 (Medium Density Residential - 8 du/ac) while the current County zoning designation is AR (Agricultural Residential). The surrounding zoning designations are: County AR to the north; County RS (Single Family Residential) to the south and west; and, City R-1-A (Single Family Residential) to the east. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.'1 (Required Findings), prior to the approval of development applications, certain findings must .be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed RM-8 zoning designation is consistent with the proposed Medium Density Residential 5-12 dulac land use designation. The proposed multiple family development is allowed as a permitted use within the RM-8 zone district, and will be limited to a maximum of 8 units per acre. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which ars provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of existing vacant land. There will be no changes in the manner that water, sewer, drainage, streets/traffic and solid Planning and Zoning Board Staff report Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 10 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 REGULATIO'N~: The subject property is currently vacant with a billboard situated at the southeast comer of the property. When a sign is annexed which does not comply with the provisions of Section 4.6.7 (Signs), the sign must be removed upon annexation. Staff will work with the property owner in order to obtain compliance. Any future development will be required to comply with all Land Development Regulations. CONSISTENCY; Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D)(5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies were found. Housin= Element Policv 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 west and south (Country Club Acres) is developed at 5 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 County's HR-8 land use designation is 33 units, which is equivalent to the maximum allowed under the proposed RM-8 zoning district. With the property's extensive frontage along Military Trail and limited depth, it seems appropriate to apply the density suffix of 8 units per acre. Land Use Element Ob_iecfive A-l: Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, Planning and Zoning Board Staff report Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 11 topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property does not have any unique environm, e.ntal characteristics that would prohibit development of the site or require mitigation measures. As stated under Housing Element Policy C-2.4, the property can be developed in a manner that will be complementary to the adjacent residential area. The development of this property will likely fulfill the need for moderate and middle income housing. With review of a specific development proposal this policy will be revisited. Section 3.3.2 (.Standards for Rezonin~_ 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 east (The Hamlet) are noted as Stable residential and to the south and west are indicated as Stabilization. The rezoning is required in conjunction with the annexation request. The proposed RM-8 zoning designation will be consistent with the proposed MDR land use map designation. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial RM-8 zoning designation will accommodate the proposed multiple family development as a permitted use. Compatibility with the adjacent residential development will relate to the ultimate density of future development. The development potential of the property under the County's HR-8 land use designation is 33 units, which is equivalent to the maximum allowed under the proposed RM-8 zoning district. The City's RM zoning district has a range of 6-12 units per acre, with the maximum density determined at the time of site plan approval, based upon compatibility with surrounding properties, or application of a density suffix through the rezoning process. With the property's extensive frontage along Military Trail, limited depth, and the current County HR-8 FLUM designation, it seems appropriate to apply the density suffix of 8 units per acre. Planning and Zoning Board Staff report Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 12 The RM zoning distdct requires a minimum 25 foot building setback. Further, within the landscape strips abutting the single family subdivision, trees must be planted every 30 feet. Compatibility of a specific development proposal with the adjacent dev. el.0pments will be appropriately addressed with the review of a site and development plan request. Section 2.4.5(D)(5) (Rezonin_= Findin_es): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.t, 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_=riate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "The applicant is applying for annexation of this property into the City. The annexation requires that the applicant apply for an appropriate zoning designation. The RM-8 is being sought as it is consistent with the existing County HR-8 and the proposed City Medium Density Residential 5-12 du/ac land use designations." Comment: The justification statement addresses Item "c" as the basis for which the rezoning should be granted, however, Item "b" is also applicable. 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 land use designation. The RM-8 zoning is more appropriate for the property than the current'County zoning designations of AR (Agricultural Residential) given the properties location and its extensive frontage along Military Trail. Planning and Zoning Board Staff report Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 13 The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Lake Worth Drainaee District Lake Worth Drainage District reviewed the annexation request and indicated that additional right-of-way for the L-34 Canal (along north property line) is not required. Palm Beach County_ Notice: On July 22, 1996 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: El Country Club Acres C} Greensward Village Condominium Association (within The Hamlet development) El Hamlet Residents Association I;3 PROD (Progressive Residents of Delray) El United Property Owners Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at '-----~' the Planning and Zoning Board meeting. Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. The requested Medium Density Residentiat 5-12_ du/ac Future Land Use Map Planning and Zoning Board Staff report Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 14 designation is less intensive as allowed under the current City advisory designation of Transitional. The application of an initial zoning designation of RM-8 is consistent with the proposed land use designation. The annexation will provide the property with better Police,'Fi~'e, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes. Upon development of the property for office development, stormwater assessment fees and occupational license fees will be imposed. The City will receive additional revenue from property taxes, in addition to stormwater assessment fees, utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue increase is approximately $575.74 a year. With development of the property, infrastructure improvements which include water and sewer main extensions to the west side of Military Trail, and the installation of a lift station will offset the costs of providing these services to Country Club Acres in the future. If the annexation is approved, it is anticipated that a site and development plan submittal will follow. Compatibility of a specific development proposal with the adjacent developments will be addressed with the review of a site and development plan request. Concurrency concerns with respect to traffic will dictate the development time frame. ..:.,:::.~:.$~:...~...~ .................. ....,...,..,.~.~.....,..::..~ ...... ........... ,:. ..~. ~ ........ ...,..:..: ..... .-.::. ;:..:. .~ :.....~'~.~..,~..:.:.>.,:. ....... ~.,~.....,!:::..~:..:.:..:::.:.:.,:.?.:,>:. .......... ................... ................ ......... ............... ........... .... A. Continue with direction. B. Recommend approval of the Annexation, Small-Scale Future Land Use Map amendment from County HR-8 to City Medium Density Residential 5- 12 alu/ac and initial zoning designation of RM-8 (Medium Density Residential - 8 alu/ac). C. Recommend denial of the Annexation, Small-Scale Future Land Use Map amendment from County HR-8 to City Medium Density Residential 5-12 du/ac and initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac) with the basis stated. · ............................................................................. ................................. Recommend approval of this Annexation, Small-Scale Future Land Use Map amendment from County HR-8 to City Medium Density Residential 5-12 du/ac and initial zoning designation of RM-8 (Medium Density Residential - 8 dulac) 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: Planning and Zoning Board Staff report Carussillo and Evans Property - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 15 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 similar properties within the City. ' ' Attachments: El Location Map [3 Survey This Report prepared by: Jeff Costello. Senior Planner Ii MEMORANDUM TO: MAYOR AND CITY CONMISSI(kNERS FB~M: CITY MANAGER sc,~: ~ z~ # 1.1.F.- ~~ ~-'~z~ OF s~.z~'t'~mER 3, 1996 Fz~S~ ~Ju~z~ ~ 96-1B ~: A~UST 28, 1996 This is first reading for Ordinance No. 36-96 which adopts Comprehensive Plan Amendment 96-1B. It addresses the changes related to the Silver Terrace and Office Depot/Hardrives areas and was transmitted to the Department of Community Affairs (DCA) in June as part of the entire Comprehensive Plan Amendment 96-1. We asked DCA to perform a complete review and produce an Objections, Recc~meD~ation and Comments (OBi) report for only that portion of the amendment related to the North Federal Highway corridor redevelolament plan. As a result, Amendment 96-1 has been divided into two parts. Plan Amendment 96-1A addresses North Federal Highway, while Amendment 96-1B addresses Silver Terrace and the Hardrives property. After review, DCA waived the ORC report for 96-1B. Therefore, the City is authorized to immediately adopt this portion of the amendment. The Planning and Zoning Board considered this item at public hearing on August 19, 1996. There was no public testimony and the Board voted unanimously to recommend that Comprehensive Plan Amendment 96- lB be adopted. Reco~nend approval of Ordinance No. 36-96 on first reading. If passed, a quasi-judlcial hearing will be scheduled for September 17, 1996. ref: agmemo6 ORDINANCE NO. 36-96 AN ORDINANCE OF THE CITY C(~MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 96-1B PURSUANT TO THE PRDVISIONS OF THE "LOCAL REGULATIC~q ACT", FLORIDA STATUTES SECTIONS 163. 3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 96-1B" AND INCORPORATED HEREIN BY REFERENCE; PBDVIDING A SAVING CLAUSE, A GENERAL REPF~T.mR CLAUSE, WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, known as the "Local Government Comprehensive Planning and Land Develolanent Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Cc~prehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 96-1B"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on June 10, 1996, in accordance with the requirements of the "Local Government Comprehensive Planning and T~nd Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 96-1B be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 96-1B was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 96-1B was held by the City Commission on June 18, 1996, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, a report of Objections, Recommendations and Comments (CRC) has been waived by the State Department of Community Affairs; WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 96-1B was held on September 17, 1996, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY T~E 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 declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section I of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 96-1B", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 96-1B". Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the A~]ministration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1996. M A Y O R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 36-96 EXHIBIT "A" TO ORDINANCE NO. 36-96 CITY OF DELRAY BEACH FUTURE LAND USE ELEMENT 2) Location: Pg. III-G-30, Policy C-2.7 Change: REVISION Policy C-2.7 The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which is zoned RM and contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regional shopping mall. The. Silver TerraGe Redevelopment Plan was adopted by the City. Commission o1~ MarGh 5. 1996. The Dian establishes Future Land Use Desigrlations, zor~ings, and special develoDrnent standards for the redevelopment sree, Future development in the erea must be in accord~Ince with the provisions of the redevelopment Dian, ~1~ ,.,k;~h .~.~.,;~1~ ,cOt +he ~!1~,.,;~' ~ ~;~ ~¢ '~;~"*;~' ~"~ ......;~"*;~' .....provided hov/ev~r '~;~"*~ cf t~e .~4 .... , ..... , ' ~ ~* .... ~ uses do not cemprise Page 1 of 5 e^n/e,.,.,.i.., ---+i,,;+;,--- District). AMENDMENTS TO THE FUTURE LAND USE MAP 2. An ~mendment on 20 acres from FLUM designation Redevelopment Area #4 to FLUM designations Transitional (8 acres), General Commercial (1 acre), and Medium Density Residential (11 acres) in conjunction with completion of the redevelopment plan. [Silver Terrace] 3. An amendment on 4.3 acres from FLUM designation Industrial (County) to FLUM designation Industrial (City) pursuant to an annexation agreement. [Hardrives Property] 4. An amendment on 9.0 acres from FLUM designation Industrial (County) to FLUM designation Transitional (City) pursuant to an annexation agreement. [Elmore POC] SAadv~comp~96-1B Exhibit "A" to Ordinance No. 36-96 Page 2 of 5 tiN,OB H£~OS '0~8 I~¥1~ 0 Exhibit "A" to u. dinanc~ No. 36-96 Page 3 of 5 N FLUM AMENDMENTS FOR HARDRIVES [ PARCEL -A IRN - TRANSITIONAL ~I. ANNINC O[PART~[Ni' FROM COUNTY -I- (INDUSTRIAL) C - CONSERVATION AREA LI)R - LOW DENSITY RESIOENTIAL TO; CI~( -I- (INOUSTRIAL) COM - COMMERCE MOR - MEDIUM DENSITY RESIOENTIAL CiTY 0~' O£LRAY BEACH. rL CC - GENERAL COMMJ~RCIAL I -- INDUSTRIAL -- OICtlrAL ~]45£ I,/,AP SY~I'£M -- MAP R£1~: LM028 Exhibit "A" to Ordinance No. 36-96 Page 4 of 5 LINTON L BOULEVARD ,., OFFICE I i ~ i PARK[ / / /~/' ARBORS ~ ~~//~ / OFFICE ~ DEPOT ~ . ~ ~ OFFICE ~ DEPOT PIN~S ~ ',',',',',',','i _ ,',,:,', ' ' / ;",",':';':",'; ~ I [ I I i i i I e C0~ ~ mi i { II Ii I m lm I Ii ZON~G ~ CA~AL ~ souT. ~s~ COM N FLUM AMENDMENTS FOR HARDRIVES ~ P~CEL -G LEGENO /RN - ~SITIONAL FROM COUN~ -I- (INDUSTRIAL) C - CONSE~ATION ~ LOR - LOW OENSI~ RESIOENTI~ PLANING DEPAR~ENT TO: Cl~ -T- (TRANSITIONS) COM - COMMERCE MOR - OTY ~ O[LRAY 8EACH. FL GC - CENE~L COMM[RC~L I - INDUSTRIAL ~xh&b&[ "A" to O~i~a~ce ~o. 36-96 ~a~e 5 o~ 5 TO: DAVID T. HARDEN, CITY MANAGER FROM: ' ~ DIA~ ~~~I~GUEZ, DII~R DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 3, 1996 ** FIRST READING** ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 96-1B The action requested of the City Commission is that of approval on first reading of an ordinance adopting Comprehensive Plan Amendment 96-1B, for Silver Terrace and Hardrives. The Amendment proposes changes to Future Land Use Element Policy C-2.7, pertaining to the Silver Terrace Redevelopment Plan. There are also three amendments to the Future Land Use Map (FLUM). The areas addressed by the Amendment include: · A text amendment acknowledging the completion of the Silver Terrace Redevelopment Plan. Future Land Use Map Amendments: · An amendment on 20 acres from FLUM designation Redevelopment Area fl4 to FLUM designations Transitional (8 acres), General Commercial (1 acre), and Medium Density Residential (11 acres) in conjunction with completion of the redevelopment plan. [Silver Terrace] · An amendment on 4.3 acres from FLUM designation Industrial (County) to FLUM designation Industrial (City) pursuant to an annexation agreement. [Hardrives Property] City Commission Documentation Adoption of Comprehensive Plan Amendment 96-1B Page 2 · An amendment on 9.0 acres from FLUM designation Industrial (County) to FLUM designation Transitional (City) pursuant to an annexation agreement. [Elmore POC] The City Commission transmitted Proposed Plan Amendment 96-1 to the Florida Department of Community Affairs (DCA), for mandatory review, by action on June 18, 1996. The City requested that DCA perform a complete review and produce an Objections, Recommendation and Comments Report (ORC) for only a portion of the proposed amendment. That portion included only the parts of the amendment related to the North Federal Highway Corridor Redevelopment Area. As a result, the amendment has been subdivided into two segments with separate DCA reference numbers. Plan Amendment 96-1A addresses the changes related to North Federal Highway; Plan Amendment 96-1B addresses the changes related to the Silver Terrace and Office Depot areas. The item before the City Commission affects only Comprehensive Plan Amendment 96- lB. There were no comments or objections from DCA resulting from the review of Amendment 96-1B. The City is, therefore, authorized to immediately adopt this portion of the amendment. The Planning and Zoning Board considered this item at its meeting of August 19, 1996. There was no public comment concerning the FLUM amendments or other items included in the Plan Amendment. After discussion, the Board voted unanimously to recommend to the City Commission that Comprehensive Plan Amendment 96-1B be adopted. By motion, approve the adoption ordinance on first reading, with appropriate public hearing scheduled for September 17, 1996. Attachments S:~adv\cornp\961BCC2 MEMORANDUM TO: MAYOR AND CITY COMMISSI~ FRf~: CITY MANAGER ~,~I su~: ~ ~ #/.t ~ - ~~ o~ s~~ 3, 1996 SILVER TERRACE REZC~TINGS DATE: AUGUST 30, I996 Th/s is before the Commission to approve on first reading the zoning changes associated with the implementation of the Silver Terrace Redevelopment Plan. Ord/nance No. 39-96 rezones properties in the Silver Terrace subdivision to SAD (Special Activities District) and identifies the permitted uses for the various parcels. Ordinance No. 40-96 rezones the residential area on the north side of S.E. 12th Road (within Block 6 of Lambert Trailer Court) to R-1-A to reflect the existing single family homes. The existing trailer park will retain its MH (Mobile Home) District zoning. The Planning and Zoning Board considered these rezonings at public hearing on June 10, 1996, add voted 6 to 0 to recommend that the zoning changes be approved. Recommend approval of Ordinance No. 39-96 and Ordinance No. 40-96 on first reading, based upon positive findings and recommen_~ations of the Planning and Zoning Board, and consistency with the adopted Silver Terrace Redevelotm~nt Plan. ref: agmemo18 ORDINANCE NO. 39-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENT/AL) AND RO (RESIDENTIAL OFFICE) IN THE SAD (SPECIAL ACTIVITIES DISTRICT); SAID LAND BEING LOCATED IN THE SILVER TERRACE SUBDIVISION, AS MORE PARTICULARLY DESCRIBED HEREIN; ESTABLISHING THE USES A~.TOWED FOR THE SUBJECT PPDPERTIES UNDER THE SAD ZONING; PROVIDING FOR AN EXPIRATION DATE OF THE SPECIAL ACTIVITIES DISTRICT ZONING CLASSIFICATION; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPE~T.~.R CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 2.4.5(D), the Planning and Zoning Board reviewed the subject matter at public hearing on June 10, 1996, and voted 6 to 0 to recommend that the request be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY (IIMMISSION OF THE CITY OF D~.RAY BEACH, FLORIDA, AS FOLIf~S: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby zoned and established in the SAD (Special Activities District) as defined in Section 4.4.25 of the Land Develolanent Regulations of the City of Delray Beach, to-wit: Lots ! thru !7, inclusive, Block 2; Lots 1 thru 15, inclusive, Block 3; Lots 1 thru 10, inclusive, Block 4; Lots 1 thru 10, inclusive, Block 5; Lots 7 thru 25, inclusive, Block 6; together with the parcel of land labeled "Park" at Wilson Avenue and Park Avenue; and adjacent rights-of-way, all lying within the SILVER TERRACE SUBDIVISION, according to the Plat thereof as recorded in Plat Book 11, Page 61, Public Records of Palm Beach County, Florida. The subject property is located at the southeast corner of Old Dixie Highway and S.E. 10th Street; containing 14.74 acres, more or less. Section 2. That the uses allowed for the subject properties described in Section 1, above, pursuant to Section 4.4.25 of the Land Develolm~ent Regulations of the City of Delray Beach, shall be as follows: (1) For Lots 4-10, Block 4 and Lots 24-25, Block 6, the uses allowed are intended to provide the opportunity to locate limited retail and service uses in a manner convenient to and yet not disruptive of residential areas, as described below. a) All uses listed as Principal, Conditional, or Accessory uses within the NC (Neighborhood Commercial) zoning district regulations, but excluding the sale of convenience foods and beverages; b) A single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (2) For Lots 8 and 9, Block 4, the following use is permitted in addition to the uses listed under Subsection (1) above: a) Full service automobile repair, subject to the limitations contained in Section 3, Subsection (1). (3) For Lots 7 and 10, Block 4, the following use is permitted in addition to the uses listed under Subsection (1) above: a) Expansion of the existing automobile repair facility located on Lots 8 and 9, Block 4, subject to the limitations contained in Section 3, Subsection (1). (4) For Lots 1-3, Block 4 and Lots 9-10, Block 5: a) Principal Uses as listed in the RO (Residential Office) zoning district regulations. b) Conditional Uses as listed in the RO (Residential Office) zoning district regulations. c) Accessory Uses as listed in the RO (Residential Office) zoning district regulations. (5) For Lots 1-17, Block 2, Lots 1-15, Block 3, Lots 1-7 Block 5, and Lots 7- 23, Block 6: a) Permitted Uses: i) Multiple Family Residential Structures with three (3) or more units ii) Single Family Detached Dwellings b) Conditional Uses as listed in the RM (Medium Density Residential) zoning district regulations. c) Accessory Uses as listed in the RM (Medium Density Residential) zoning district regulations. (6) For Lot 23, Block 6, the following use is permitted in addition to the uses listed under Subsection (4) above: a) Parking in conjunction with a nonresidential use on Lots 24 and 25, Block 6; provided that no access exists from Miami Boulevard. (7) All uses listed as Conditional Uses in the zoning district regulations referred to herein must be approved pursuant to Land Development Regulations Section 2.4.5 (E), "Establishment of Conditional Use." Section 3. In addition to the requirements of LDR Section 4.4.25 (Special Activities District), the development of, and improvements to, the subject properties described in Section 1, above, shall be in accordance with the following Special Regulations: (1) Except for single family homes, the establishment of any new use or the modification of an existing use is subject to the site plan approval process. (2) Building setbacks for individual nonresidential developments within the SAD district shall be as follows: Front: 15 feet Interior side: 10 feet Street side: 15 feet Rear: 10 feet The rear setback is to be a landscaped buffer which shall contain a hedge a minimum of 4 1/2 feet tall at the time of planting and a shade tree for every 25 feet, or fraction thereof, of the rear property line. (3) Nonresidential structures shall take access from Dixie Highway or S.E. 10th Street. VVhere it is impossible or inappropriate to provide access from those streets, the Site Plan Review and Appearance Board may approve an alternative access. (4) Within eighteen (18) months of adoption of the ordinance establishing the SAD zoning on the subject property, the existing Full Service Automobile Repair use located on Lots 8-9, Block 4 shall apply for site and development plan approval and install all improvements required to bring the site into compliance with all LDR requirements. If the required improvements are not installed, the use will revert to its current non-conforming status. (5) Residential development shall be pursuant to the density limitations and development standards of the RM (Medium Density Residential) zoning district, except as modified below: a) Residential structures shall take access from the local streets in the subdivision. No new driveway connections to Dixie Highway are permitted. b) Multiple family residential structures shall be in the form of townhouses on platted fee-simple lots or a residential condominium. c) Multiple family developments shall have a minimum development area of one (1) acre. d) Tandem parking may be counted toward minimum parking requirements for townhouse units with garages. e) Rear setbacks, and setbacks along the perimeter of the SAD, shall be 15 feet. Section 4. 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 to the provisions of Section 1 hereof. Section 5. That all ordinances or parts of ordinances in conflict herewith be, an the same are hereby repealed. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared invalid. Section 7. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,1996 MAYOR ATTEST: City Clerk First Reading Second Reading (H~DINANCE NO. 40-96 AN ORDINANCE OF THE CITY CC~94ISSION OF THE CITY OF DW.T.RAY BEACH, FLORIDA, REZONING AND PLA~ING LAND PRESENTLY ZC~D MH (MOBILE HOME) DISTRICT IN THE R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING THE WEST 490.47 FEET OF ~ 6 OF THE PLAT OF LAMBERT TRAILER COURT, AS MORE PARTICULARLY DESCRIBED HEREIN, LOCATED WITHIN THE SILVER TERRACE REDEVELOPMENT AREA BOUNDED ON THE NORTH BY S.E. 10TH STREET, ON THE EAST BY FEDERAL HIGHWAY, ON THE SOUTH BY THE DELRAY MAT.~., AND ON THE WEST BY OLD DIXIE HI--Y; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN 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 MH (Mobile Home) District; and WHEREAS, at its meeting of June 10, 1996, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted 6 to 0 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 ameD~ed to reflect the revised zon/ng classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF D~.RAY 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 R- 1-A (Single Family Residential) District for the following described property: The West 490.47 feet of Lot 6 of the Plat of Lambert Trailer Court, Plat Book 22, Page 41, as recorded in the Public Records of Palm Beach County, Florida. The subject property is located north of S.E. 12th Road within the Lambert Trailer Park, /mmediately east of the Silver Terrace Subdivision; containing 1. 503 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 De]ray 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 6. That this ordinance shall become effective /mmediately upon the effective date of Ordinance No. 36-96, under which an official land use designation of Transitional is affixed to the property herein_above described. Ordinance No. 36-96 shall become effective upon the date a final order is issued by the Department of Community Affairs finding Comprehensive Plan Amem~lment 96-1B to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1996. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. 40-96 0N~108 IL[nOS _ n" Z12~_ l--. c..) 31XIO TO.' DAVID T. HARDEN CiTY MANAGER THRU: DIANE OOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 3, 1996 CHANGE OF ZONING FROM RD (RESIDENTIAL OFFICE), RM (MEDIUM DENSITY RESIDENTIAL) AND MH (MOBILE HOME) DISTRICTS TO SAD (SPECIAL ACTIVITIES DISTRICT) AND R-I-A (SINGLE FAMILY RESIDENTIAL) FOR THE SILVER TERRACE REDEVELOPMENT AREA The action requested of the City Commission is approval of the zoning changes associated with the implementation of the Silver Terrace Redevelopment Plan. The proposal is to rezone the portion of the Floranda Mobile Home Park that is developed as single family homes from MH to R-l-A, and to rezone the entire Silver Terrace subdivision to SAD. This property has an extensive development history, which is detailed in the Silver Terrace Redevelopment Plan that was adopted by the City Commission on March 5, 1996. The zoning changes described in the attached Planning and Zoning Board staff report will implement the provisions of that plan. In brief, a Special Activities District (SAD) is being created which will allow the following: · Limited commercial and office development along the portion fronting on S.E. 10th St. · Limited commercial and office development along Dixie Highway north of Wilson Avenue only. · An 18-month window for Miracle Mile Motors to upgrade and/or expand their auto repair use. · Single or multi-family development in the remainder of the subdivision, subject to certain development standards. City Commission Documentation Rezonings Associated With the Silver Terrace Redevelopment Area Page 2 The Floranda Mobile Home Park will retain its MH zoning; however, the single family homes located within the park are being rezoned to R-1-A (Single Family Residential). The Planning and Zoning Board considered this item at its meeting of June 10, 1996. Russell Warren of Rusty Plumbing objected to the fact that his use would remain nonconforming. There was no other public testimony taken. The Board voted 6-0 to recommend approval of the zoning changes. In the time since the Board's meeting, certain changes were made to the proposed SAD ordinance in order to clarify the allowable uses, and the applicable development standards (i.e. setbacks). By motion, approve the change in zoning from RO (Residential Office) and RM (Medium Density Residential) to SAD (Special Activities District); and from MH (Mobile Home) to R-1-A (Single Family Residential) for portions of the Silver Terrace Redevelopment Area as described in the attached ordinances; based upon positive findings and recommendations of the Planning and Zoning Board, and consistency with the adopted Silver Terrace Redevelopment Plan. Attachments: · P & Z Board Staff Report of June 10, 1996 · Ordinance Rezoning Properties to SAD · Ordinance Rezoning Properties to R-1-A PLANNING AND ZONING BOARD CITY OF DEEP, AY BEACH ---STAFF REPORT--- MEETING DATE: June 10, 1996 AGENDA ITEM: II.A.3b. ITEM: Rezoning from RD (Residential Office) and RM (Multiple Family Residential-Medium Density) to SAD (Special Activities District) and a Portion of the MH (Mobile Home) to R-1-A (Single Family Residential), Associated with the Implementation of the Silver Terrace Redevelopment Plan. GENERAL DATA: Owners ............................................... Vadous ~ ~/~~ ~~~~ !11 Applicant ............................................ David C. Harden City of Delray Beach Location .............................................. South of S.E. 10th Street, East of Dixie Highway, West of U.S. Highway No. 1, and North of Linton __ Blvd. Property Size ...................................... 19.67 Acres Future Land Use Map ......................... Redevelopment Area ~ -1---~, Current Zoning .................................... RM, RD, MH Proposed Zoning ................................ SAD, R-l-A, & MH Adjacent Zoning ........................ North: CF (Community Facilities), POC (Planned Office Center), R-l-A, and RM East: RM, and PC (Planned Commercial) South: GC (General Commercial), and PC West: R-l-A, and I (Industrial) Existing Land Use ............................... Existing single family residences, multiple family residential properties, commercial and industrial structures, vacant parcels, and mobile home parcels. Proposed Land Use ............................ Rezoning from Residential Office and Multiple Family Residential to Special Activities District, and a portion of the Mobile Home to Single Family Residential, as appropriate, to implement the provisions of the Silver Terrace Redevelopment Plan. Water Service .................................... Existing on site. Sewer Service .................................... Existing on site. N II.A.3b. The action before the Board is making a recommendation on the following rezoning requests: [3 From RM (Multiple Family Residential) to SAD (Special Activities District) for Lots 1-17, Block 2; Lots 1-15, Block 3; Lots 1-10, Block 4; Lots 1-8, Block 5; and Lots 7-25, Block 6, Silver Terrace; together with the park parcel; [3 From RO (Residential Office) to SAD (Special Activities District) for Lots 9-10, Block 5, Silver Terrace; and [3 From MH (Mobile Home) to R-1-A (Single Family Residential) for the west 490 feet of Lot 6, Lambert Trailer Court. Pursuant to 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. With the adoption of the Comprehensive Plan in 1989, the City designated the Silver Terrace area as Redevelopment Area # 4 on the Future Land Use Map. Future Land Use Element Policy C-2.7 requires the preparation of a redevelopment plan for the area, which includes the installation of required infrastructure and the establishment of FLUM designations for all properties in the area. The redevelopment plan was completed and was adopted by the City Commission at its meeting of March 5, 1995. The proposed rezonings are those required to implement the redevelopment plan. The development proposal is to rezone the above referenced parcels to implement provisions of the Silver Terrace Redevelopment Plan. The provisions of the plan call for rezonings of properties in the Silver Terrace subdivision to SAD. The SAD ordinance identifies the permitted uses for parcels within the redevelopment area as follows: Block 4 - Lots 1 through 3, and Block 5, Lots 9 & 10: Allows uses as allowed in the RO (Residential Office) zoning district Block 4 - Lots 4 through 10, and Block 6, Lots 24 and 25: Allows uses as allowed in the NC (Neighborhood Commercial) district, excluding convenience stores. Planning & Zoning Board Staff Report Rezonings Associated with the Silver Terrace Redevelopment Plan Page 2 Block 4 - Lots 8 and 9: In addition to the NC uses, the existing auto repair (Miracle Mile Motors) is allowed as a permitted use. The ordinance will require that the property owners of the auto repair facility process a site plan and make improvements to the site within 18 months of approval of the SAD. If the owner does not process a site plan and install the proposed improvements in that time frame, the use will revert to is current non-conforming status. Block 4 - Lots 7 and 10: In addition to the NC uses, Miracle Mile Motors is permitted to expand onto one or both of these lots, provided that the 18-month time limit to establish the use is met. Block 6, Lot 23 - May either be developed as a residential use, or may be used for parking for the nonresidential use on Lots 24 and 25, provided that there is no access from Miami Boulevard. For the remainder of the Silver Terrace subdivision, permitted uses will be those listed in the RM district, excluding duplexes. Certain restrictions will apply to the type of development that is permitted. The single family residential area along 12th Road (within Block 6 of Lambert Court) will be rezoned to R-l-A, and the existing trailer park will retain its MH zoning. REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The current Future Land Use Map designation for the subject properties is Redevelopment Area #4. Zoning designations for areas identified as redevelopment areas on the FLUM are to be determined by the redevelopment plan prepared for the specific area. As the rezonings implement the adopted redevelopment plan, the proposed zoning designations are consistent with the Future Land Use Map designation. Future Land Use Map amendments to assign the Transitional, General Commercial, and Medium Density Residential FLUM designations that are consistent with the redevelopment plan and the proposed zonings are being processed as a part of Comprehensive Plan amendment 96-1. Planning & Zoning Board Staff Report Rezonings Associated with the Silver Terrace Redevelopment Plan Page 3 CQncurrency: 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. Streets and Traffic: The current zoning designations allow for commercial development on approximately 1.8 acres. At a Floor Area Ratio (FAR) of .30, those parcels could be developed with approximately 24,000 square feet of general retail uses. The balance of the Silver Terrace subdivision is approximately 6.8 acres of residential land that could be developed at a maximum of 12 units per acre, or 81 units. Those uses would have the following trip generation according to the ITE Trip Generation Manual (5th ed.) formulas: Shopping Center: In T = 0.6251nX + 5.985 T = 2,896 less 44.61% passer by rate from PBCTPSO (1113) T = 1,741 Residential: 81 units * 7 ADT/unit = 567 The area to be rezoned to R-1-A is currently developed with single family residences and will, therefore create no additional trips. Thus the total potential trip generation for the area is 2,308 ADT. The existing uses in the area currently generate the following estimated ADT: 23 single family residences 230 ADT 11 multi-family 77 ADT 5,100 square feet retail 610 ADT 1,240 square feet auto repair 20 ADT 3,000 square feet of industrial 21 ADT 958 ADT Those trips can be credited against new trips from redevelopment. Thus the net trip generation for the redevelopment of the area is 1,350 ADT. Capacity exists on Dixie Highway, SE and SW 10th Street, and Swinton Avenue to serve the maximum development potential of this site under the proposed zoning designations. Planning & Zoning Board Staff Report Rezonings Associated with the Silver Terrace Redevelopment Plan Page 4 Based on the above a positive finding can be made at this time with regard to traffic concurrency. Water: Water service is not currently available to the subject parcels. Upgrades required to adequately serve the area are identified in the redevelopment plan and are programmed by the Environmental Services Department. City water service will be provided to the area in the current fiscal year. The Delray Beach water treatment plant has adequate capacity to serve the City at build out. Sewer: Sewer service is not currently available to most of the area and the service provided is inadequate. Upgrades required to adequately serve the area are identified in the redevelopment plan and are programmed by the Environmental Services Department. City sewer service will be provided to the area in the current fiscal year. The South Central Wastewater Treatment Facility has adequate capacity to serve the City at build out. Parks and Recreation: 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. Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the County at its current LOS of 7.2 pounds per day per capita for the life of the existing landfill. The current zonings allow for a maximum of 144 total residential units, with an estimated solid waste generation of 286.56 tons per year. The proposed zoning will permit a maximum of 81 residential units and approximately 24,000 s.f. of commercial, with an estimated solid waste generation of 336.39 tons per year. The additional 50 tons of solid waste per year generated by the proposed rezonings will not significantly affect solid waste disposal LOS. 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 & Zoning Board Staff Report Rezonings Associated with the Silver Terrace Redevelopment Plan Page 5 Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) A rezoning to other than CF within a stable residential area shall be denied. The proposed rezonings affect only a designated redevelopment area. Thus the rezonings meet this standard. B) Affordable housing for moderate and middle income families may be achieved through increases in permitted density. The proposed rezonings do not change the permitted density. C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning exist 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 proposed SAD affects the size of an existing strip commercial area. While the depth of existing commercial parcels is not increased, additional commercial land is created along the perimeter of the development to allow better site design for the existing uses. The remaining commercial parcels within the Silver Terrace subdivision will remain non-conforming. The R-1-A area is and remains residential. Thus, the proposed rezonings meet this standard. 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 Silver Terrace subdivision is located between the Delray Beach Mall and heavy industrial uses to the south and west and a single family residential neighborhood to the north. A multiple family development and trailer park are to the east. The multiple family residential portion of the SAD is clearly compatible with the adjacent uses. The commercial portion of the SAD makes an existing commercial area conforming and allows for improvements to make that area more compatible with adjacent properties. The uses permitted in the commercial area will be limited to those that will primarily serve the surrounding residential area, thus limiting traffic generation and other nuisances. Thus, the proposed rezonings meet this standard. The rezoning of the 12th Road parcels to R-1-A allows single family residential development in an existing development of single family residences and trailer homes. Standards "A' and "B" do not apply to the proposed rezonings. Planning & Zoning Board Staff Report Rezonings Associated with the Silver Terrace Redevelopment Plan Page 6 Se¢tion 2.4,5{D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(~) (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 appropriate reasons for the proposed rezonings are "b" and "c," based on the following: The Comprehensive Plan identifies the Silver Terrace Area as Redevelopment Area #4. Development in the area is to be guided by a redevelopment plan adopted by the City Commission. The Commission adopted the Silver Terrace Redevelopment Plan at its meeting of March 5, 1996, The adoption of the plan significantly changes the circumstances in the area by outlining a vision for the future development of the area. The proposed rezonings implement the provisions of the adopted plan. In order to implement the adopted redevelopment plan, FLUM designations for the area are being amended as directed in the plan. The proposed zoning districts are of similar intensity to the new FLUM designations and will be more appropriate than the existing zonings, based on the adopted plan. The intensity of development in the area is not significantly changed by the proposed rezonings. The adoption of the redevelopment plan establishes the City's finding that the proposed zonings are more appropriate than the existing. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Future Land Use Element Policy C-2.7 The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which is zoned RM and contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained Planning & Zoning Board Staff Report Rezonings Associated with the Silver Terrace Redevelopment Plan Page 7 land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regional shopping mall. Data and analysis pertaining to a redevelopment plan for the area have been completed. While not conclusive, the results indicate that the most appropriate course of action for this area is to provide for a "pocket CRA" or its annexation into the CRA boundaries, and completion of a redevelopment plan which provides for the following: * Aggregation of the properties to allow for a unified development that is a minimum of 10 acres in size. While the most desirable plan would include both the Silver Terrace subdivision and the mobile home park, it is understood that the cost of relocating mobile home residents may make its inclusion infeasible. * A mix of residential and non-residential uses provided however, that the nonresidential uses are of a type and scale that will primarily serve the residents of the area; and that such uses do not comprise more than 15% of the total land area. · Residential densities of up to 25 dwelling units per acre; subject to the provision of adequate open space, common areas, and recreational amenities; and the appropriate spacing and massing of structures. * The lead agency for completion and implementation of the plan rests with the City. * Upon completion of the redevelopment plan, rezoning of the property to SAD (Special Activities District). In order to ensure the financial feasibility of the redevelopment plan, the City may contribute funding to the extent permitted by law, and in a manner that is consistent with the goals, objectives, and policies of the Comprehensive Plan. This redevelopment plan shall be completed in FY 94195. Should the redevelopment plan for the area not be substantially in process by October, 1995, the City shall process to install programmed infrastructure. The City Commission reached the conclusion that redevelopment of the area pursuant to the above described scenario is not financially feasible. Instead, the City has prepared a more modest redevelopment plan for the area which includes the designation of uses as described within this report, modifications to the street layout, and the installation of infrastructure. The City Commission adopted the plan at its meeting of March 5, 1996. The rezonings being considered at this time fulfill the provisions of the adopted plan. The language that is currently in the Comprehensive Planning & Zoning Board Staff Report Rezonings Associated with the Silver Terrace Redevelopment Plan Page 8 Plan regarding the Silver Terrace area will be modified to state that development shall be consistent with the adopted redevelopment plan. Compliance with Land Development Rec~ulations: The proposed use is to be in coml~liance with the Land Development I~egulations. Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No development proposals have been received for the subject properties. Any proposed development will be subject to the provisions of the Silver Terrace Redevelopment Plan and the SAD Ordinance. The proposed rezonings are not in a geographic area requiring review by the Downtown Development Authority, Community Redevelopment Agency, or the Historic Preservation Board. Neighborhood Notice: Formal public notice has been provided to affected property owners within a 500' radius of the subject properties. A special notice has been sent to each of the property owners of record. Courtesy notices have been sent to: El Park Place Q Gall Lee Mc Dermott Condominiums Osceola Park who have requested notification of petitions in that area. Letters of objection or support, if any, will be presented at the P & Z Board meeting. The proposed rezonings are required for the implementation of the adopted Silver Terrace Redevelopment Plan. The redevelopment plan and the associated rezonings and FLUM amendments will allow for improvements to take place in a long stagnant area. Positive findings can be made regarding LDR Section 3.1.1 (Required Findings), LDR Section 3.3.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(C)(5) (Rezoning Findings). Therefore, the proposed rezonings can be recommended for approval based on the positive findings outlined in this report. Planning & Zoning Board Staff Report Rezonings Associated with the Silver Terrace Redevelopment Plan Page 9 A. Continue with direction. B. Recommend rezoning of the subject parcels, 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 the rezonings, based on a failure to make positive findings. Recommend approval of the following rezoning requests: [3 From RM (Multiple Family Residential) to SAD (Special Activities District) for Lots 1-17, Block 2; Lots 1-15, Block 3; Lots 1-10, Block 4; Lots 1-8, Block 5; and Lots 7-25, Block 6, Silver Terrace; n From RO (Residential Office) to SAD (Special Activities District) for Lots 9-10, Block 5, Silver Terrace [3 From MH (Mobile Home) to R-1-A (Single Family Residential) for the west 490 feet of Lot 6, Lambert Trailer Court based upon positive findings with respect to Section 3.1.1 (Required Findings) and Section 3.3.2 (Standards for Rezoning Actions) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). Attachments: Special Activities District (SAD) Ordinance for the Silver Terrace Area Proposed Zoning Map Existing Zoning Map ST-RZ. DOC MEMORANDUM TO: MAYOR AND CITY O3~24ISSICHqE%%S FRCM: CITY MANAGER ~,~ SUBJ]DCT: AGENDA ITEM #/~,~.- REGULAR MEETING OF SEPTEMBER 3~ 1996 FIRST READINGFO~ ORDINANCE NO. 37-96 (INITIAL ZONING FOR A PORTION OF HARDRIVES PI~PER/~/EAST SIDE OF CONGRESS AVENUE) DATE: AUGUST 29, 1996 This is first reading for Ordinance No. 37-96 which establishes the zoning classification of I (Industrial) for for a 4.3 acre portion of the Hardrives porperty located on the east side of Congress Avenue. In December, 1995, the entire 27.76 acre Marc]rives site was annexed to the City. At the same time, a small scale Future Land Use Map amendment to City Industrial and initial zoning of I (Industrial) was processed for the north 7.93 acres of the 12.23 acre parcel lying east of Congress Avenue. ~ne remaining 4.3 acres w~re not included due to restrictions associated with small scale FLUM amendments. The subject property retained its County FLUM and zoning categories %until the processing of the regular twice a year Comprehensive Plan amendment. The land use designation change from County Industrial to City Industrial is included in Comprehensive Plan Amendment 96-1B. This ordinance establishes the appropriate City zoning category. The Planning and Zoning Board considered this matter at public hearing on June 10, 1996, and voted unanimously to recommeD~ that it be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Develolmment Regulations, policies of the Ccmprehensive Plan, and LDR Section 2.4.5(D)(5). Recommend approval of Ordinance No. 37-96 on first reading. If passed, a quasi-judicial hearing will be scheduled for September 17, 1996. ref: agmemo 10 ORDINANCE NO. 37-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL ZC~ING OF I (INDUSTRIAL) DISTRICT FOR A 4.3 ACRE PORTION OF THE HARDRIVES PROPERTY LOCATED ON THE EAST SIDE OF ~SS AVENUE, APPROXIMATELY 1,800 FEET SOUTH OF ~ ROAD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A SAVING CLAUSE, A GENERAL REPEAT.~.R CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, at its meeting of June 10, 1996, the Planning and Zoning Boar~ for the City of Delray Beach, as Local Planning Agency, considered this matter at public hearing and voted unanimously to recommend approval of the establishment of an initial zoning classification of I (Industrial) District, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, and as subsequently amended, reflect a zoning classification of I (ID~ustrial) District for the property hereinafter described. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DK~AY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the legal description of the subject property is as follows: A parcel of land lying in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Beginning at the intersection of the West right-of-way line of Seaboard Airline Railroad with the East-West ~a~ter section line of said Section 30; thence South 00 degrees 27' 17" East, along the West right-of-way line of said Seaboard Airline Railroad, a distance of 476.28 feet; thence South 89 degrees 13' 16" West, a distance of 393.01 feet to the intersection thereof with the East right-of-way line of Congress Avenue (a 120.00 foot road right-of-way, as laid out and now in use); thence North 00 degrees 27' 17" West, along the East right-of-way line of said Congress Avenue, a distance of 476.28 feet to the intersection thereof with the East-West ~a~ter section line of said Section 30; thence North 89 degrees 13' 16" East, along said East-West ~a~ter section line, a distance of 393.01 feet to the Point of Beginning. The subject property is located on the east side of Congress Avenue, approximately 1,800 feet south of Germantown Road; containing 4.3 acres, more or less. Section 2. That Chapter Two of the Land Development Regulations has been followed in the establishment of the zoning classification in this ord/na~ce and the tract of land hereim~ ~hove described is hereby declared to be in Zoning District I (Industrial) as defined by existing ordinances of the City of Delray Beach, Florida. Section 3. 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 2 hereof. Section 4. ~nat should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective immediately upon the effective date of Ordinance No. 36-96, under which an official land use designation of Industrial is affixed to the property hereinabove described. Ordinance No. 36-96 shall become effective upon the date a final order is issued by the Department of Community Affairs finding Comprehensive Plan Amendment 96-1B to be in compliance in accoraance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Cc~mission finding the amendment to be in compliance in accord~ance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second aD~ final reading on this the day of , 1996. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 37-96 ~ ADJACENT ZONINGS ,,~..co~.~.~~. FOR HARDRIVES PROPERTY ~TY ~ ~LRAY ~A~. ~ TO: DAVID T. HARDEN, CITY MANAGER THRU: DI/~NE DOMINGUEZ, DIR~;~TO~ ~ND ZONING FROM: J~q=/F~Y A. COSTELLO ~'ENIOR PLANNER SUBJECT: MEETING OF SEPTEMBER 3, 1996 ESTABLISHING THE CITY I (INDUSTRIAL) ZONING DESIGNATION FOR 4.3 ACRES LOCATED ON THE EAST SIDE OF CONGRESS AVENUE. APPROXIMATELY 1.800 FEET SOUTH OF GERMANTOWN ROAD. IF EXTENDED. The action requested of the City Commission is that of approval on first reading of an ordinance establishing the City I (Industrial) zoning designation for a 4.3 acre portion of the Hardrives property. The Future Land Use Map Amendment from County Industrial to City Industrial is being considered in conjunction with Comprehensive Plan Amendment 96-1B. The subject property is located on the east side of Congress Avenue, approximately 1,800 feet south of Germantown Road, if extended. On December 5, 1995, the City Commission took the following actions regarding the 27.76 acre Hardrives property: El Annexed the entire 27.76 acre Hardrives property via an Annexation Agreement; El Approved a Small-Scale Future Land Use Map Amendment to City Industrial and a Rezoning to City I (Industrial) for the north 7.93 acres of the 12.23 acre parcel lying east of Congress Avenue; City Commission Documentation Meeting of September 3, 1996 Establishing the City I (Industrial) Zoning Designation for the Hardrives Property on the East Side of Congress Avenue (4.3 Acres) Page 2 El Approved a Small-Scale Future Land Use Map Amendment to City Transitional and Rezoning to POC (Planned Office Center) for the west 6.72 acres of the 15.53 acre parcel lying west of Congress Avenue; and, El Approved a Conditional Use request to remove the three (3) existing communication towers on the west side of Congress Avenue and install one (1) 450 foot communication tower on the north 7.93 acre of the parcel east of Congress Avenue. This proposal to establish the City I (Industrial) zoning designation involves the balance (4.3 acres) of the 12.23 acre parcel located on the east side of Congress Avenue. The associated Future Land Use Map amendment from County Industrial to City Industrial is being considered in conjunction with Comprehensive Plan Amendment 96-1B. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of June 10, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the Future Land Use Map amendment and initial zoning requests. There was no public testimony regarding the proposals. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests be approved, 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). On June 18, 1996, the City Commission transmitted Comprehensive Plan Amendment 96-1 to the Florida Department of Community Affairs (DCA), which included a Future Land Use Map amendment from County Industrial to City Industrial as recommended by the Planning and Zoning Board. By motion, approve on first reading the ordinance establishing the City I (Industrial) zoning designation, and setting a public hearing date of September 17, 1996. Attachments: El P & Z Staff Report and Documentation of June 10, 1996 r3 Ordinance by Others PLANNli.G AND ZONIN,J BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: June 10, 1996 AGENDA ITEM: I{.A.I. ITEM: Future Land Use Map Amendment from County Industrial to City Industrial and initial zoning of I (Industrial) for a 4.30 acre parcel of the Hardrives property located on the east side of Congress Avenue, approximately 1,800 feet south of Germantown Road. GENERAL DATA: Owner. ................................... George T. Elmore, Trustee Apt31icantJAgent. .......................... Jeff Lis Catalfumo Construction Location ...................................... East side of S. Congress Avenue, 1,800 feet south of Germantown Road. Property Size ............................... 4.30 acres Existing Future Land Use Map ...... Industrial - County Proposed Future Land Use Map .... Industrial - City of Delray Beach Current Zoning .............................. IL (Light Industrial) - County Proposed Zoning ........................... I (Industrial) - City of Delray Beach Adjacent Zoning .................. North: I (Industrial) East: CD (Conservation District) South: PCC (Planned Commerce Center) ' West: CliO (Commercial High Office) - County and POC (Planned Office Center) Existing Land Use ........................ Existing roadway construction company with concrete and asphalt manufacturing facilities, and associated equipment storage and repair facilities. Proposed Land Use ...................... Same as existing. Water Service ............................... Existing on-site Sewer Service ............................. Existing septic system II.A.1 The item before the Board is that of making a recommendation on a privately initiated Future Land Use Map Amendment from County Industrial to City Industrial along with an initial zoning of City I (Industrial). The subject property is located on the east side of Congress Avenue, approximately 1,800 feet south of Germantown Road, if extended. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map and Rezoning requests. The Hardrives site was developed in the County and consists of three parcels with a total of 27.76 acres. One 15.53 acre parcel is located on the west side of Congress Avenue and contains an office with an electric and support room for the three radio towers (2 - 300' high and 1- 400' high). Two parcels (.44 acres and 11.79 acres) are located on the east side of Congress Avenue and contain the industrial operation of Hardrives which includes heavy equipment storage, repair, and other operations necessary for road construction. On December 5, 1995, the City Commission took the following actions regarding the 27.76 acre Hardrives property: [3 Annexed the entire 27.76 acre Hardrives property via an Annexation Agreement; CI Approved a Small-Scale Future Land Use Map Amendment to City Industrial and a Rezoning to City I (Industrial) for the north 7.93 acres of the 12.23 acre -- parcel lying east of Congress Avenue; [3 Approved a Small-Scale Future Land Use Map Amendment to City Transitional and Rezoning to POC (Planned Office Center) for the west 6.72 acres of the 15.53 acre parcel lying west of Congress Avenue; and, [3 Approved a Conditional Use request to remove the three (3) existing communication towers on the west side of Congress Avenue and install one (1) 450 foot communication tower on the north 7.93 acre of the parcel east of Congress Avenue. P & Z Board Staff Report FLUId Amendment from County Industrial to City Industrial and Applying Initial City Zoning of I (Industrial) for Harddves Property (East 4.3 Acres) Page 2 Only portions of the Hardrives property were given City FLUM and zoning designations due to restrictions associated with Small-Scale FLUM Amendments ~ regard to the land size and location of the petitions to each other. The portions of property not included retained their current County FLUM and zoning categories pursuant to F.S. 163.3187, until the processing of the regular twice a year Comprehensive Plan amendment. This Future Land Use Map amendment and initial zoning proposal involves the balance (4.3 acres) of the 12.23 acre parcel located on the east side of Congress Avenue. A separate FLUM amendment and initial zoning is being processed for the balance of the Hardrives property (9.0 acres) on the west side of Congress Avenue. · :;:"-':~:~::~::~>~"'"~":~ "~.~ '~ ~". ~ ~'~'~.~:>;"'~::?~-?~'";~.';':~"~?.:'>'-:'~'~'"~' `~`~`~::~`~`~`~:;~;~`~:~;~;~`~`~`~:~r~`~:~:~:~:~::~;~:~ '~.~.:'.~::.-';~:~:~:~-'.:%'.::~:~:~:~:~:~:~:~:::~;~;:.;::i:::::~:::::: The proposal is to change the Future Land Use Map designation for a 4.3 acre parcel from the County Future Land Use Map designation of Industrial to a City Future Land Use Map designation of Industrial. An initial zoning designation of I (Industrial) is being sought simultaneously. 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: 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 subject property has a County land use designation of Industrial and County zoning designation of IL (Light Industrial). In conjunction with the Future Land Use Map amendment to City Industrial, a rezoning to City Industrial (!) is being sought. Pursuant to LDR Section 4.4.20, within the I (Industrial) zone district, the existing uses of concrete and asphalt manufacturing, heavy equipment storage I~ & Z Board Staff Repol FLUM Amendment from County Industrial to City Industrial and Applying Initial City Zoning of I (Industrial) for Harddves Property (East 4.3 Acres) Page 3 and repair, and other operations necessary for read construction are allowed as permitted and conditional uses. Based upon the above, a positive finding can be nmcle with respect to consistency with the Future Land Use Map designation. 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. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered in lhe overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. As the proposal represents adoption of the advisory Industrial land use designation there are no concurrency concerns relating to the actual application of the Industrial land use designation. Concurrency findings with respect to future improvements will be made at the lime of development review. CONSISTENCY: Compliance with the performance standards set forth in Article 3.3. 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. There are no specific performance standards for FLUM Amendments established in Article 3.3. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies were found. LAND USE COMPATIBILITY: As described in the Future Land Use Element of the Comprehensive Plan, the Industrial Future Land Use Map designation accommodates manufacturing, .. fabrication, assembly and warehousing. It is applied to land which currently has such uses and which is located in an area which should continue to be used for industrial purposes. It is also applied to those areas of the community which are best suited, because of their location, to accommodate industrial uses. Residential and general commercial uses are not appropriate on land designated as industrial. The land use designation to the north is Industrial and is zoned I (Industrial). This property is the balance of the Hardrives asphalt/industrial operation. The property to the south has a Commerce land use designation, is zoned PCC P & Z Board Staff Report FLUM Amendment from County Industrial to City Industrial and Applying Initial City Zoning of I (Industrial) for Hardrives Property (East 4.3 Acres) Page4 (Planned Commerce Center), and is currently vacant. To the west of the site is bordered by the balance of the Hardrives site which has a City Transitional and County Industrial land use designations and City POC (Planned Office Center) in park and County CliO (Commercial High Office) zoning designations. The County CliO portion is being rezoned to City POC at this same meeting and is discussed in a separate staff report. The portion of the property to be rezoned lo POC is to accommodate a proposed office building. To the east of the site is bordered by the Seaboard Coastline Railroad and 1-95, and a vacant property, ~hich has Conservation land use and zoning designations. The FLUM amendment involves the application of the City's advisory designation of Industrial, which is consistent with the current use of the property. Compatibility with the surrounding office and industrial uses is not a concern as the properties have co-existed for many years. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.'I.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. Consistency with the Future Land Use Map, Concurrency, and Comprehensive Plan Consistency were discussed in the Future Land use Analysis portion of this report. Compliance with the Land Development Regulations, Standards for Rezoning Actions, and 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 ~utdings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon ~eftich 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. P & Z Board Staff Repo, FLUM Amendment from County Industrial to City Industrial and Applying Initial City Zoning of I (Industrial) for Harddves Property (East 4.3 Acres) Page 5 Section 3.3.2 (Standards for Rezonin_a Actions): Standards A-C are not applicable. The applicable performance standard of Section 3.3.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The surrounding properties contain office and industrial uses to the north, office uses to the west, the Seaboard Coastline railroad and 1-95 to the east, and industrial use to the south. The subject property is in an area that is appropriate for industrial uses. Compatibility with the surrounding properties is not a concern. Section 2.4.5(D)(5) ~.Rezonin~ Findin_as): 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 a.opropriate for the property based upon circumstances particular to the site and/or neighborhood. The basis for which the rezoning is being sought is based upon Item 'b". As the property was annexed into the City in December, 1995, the current County IL (Light Industrial) zoning of the property is inappropriate and thus, the City I (Industrial) zoning designation should be applied. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Pursuant to the Annexation Agreement, any future development or improvement not contained in Paragraph 5 of said Agreement, which references existing uses P & Z Board Staff Report RUM Amendment from County Industrial to City Industrial and Applying Initial City Zoning of I (Industrial) for Hardrives Property (East 4.3 Acres) Page 6 and conditions of the property, and the installation of a 450 foot communication tower, must comply with the City's Land Development Regulations. ";~':'::'~'"'~?'~:~:?':'~'~-~¥::;:~::::::;:;"' ~.~>."~:~::::"*.'.~::',-'::::>.:'~ ~::::::¢:::~`~:~`~:~`::~`~:~:~:~`:`~:~:~`~>:.:~:~:~`~. ":'"~.:::~"""::"'"~':"::':;:"":."-"'"f-:~"~:~..'>-:' '~.'::-':~ ::'~::::."-.':::::~' -'::":::::~:"~ ::":::":~:~ '.~2.: . This property is not in the geographical area which requires review by the Downtown Development Authority, Community Redevelopment Agency, or the Historic Preservation Board. IPARC and Ad_iacent Municipality_ 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. Pursuant to the Intergovernmental Coordination Element, special notice of the development proposal has been provided to the City of Boca Raton and Palm Beach County Planning Departments. To date, a response has not been received. S_oecial Courtesy and Public Notices: Courtesy notices were provided to the following homeowner's associations and civic organizations: Andover Oakmont Association Crosswinds Pines of Delray Crosswinds Single Family Section Pines of Delray East Crosswinds Master Association Pines of Delray West Eastwinds at Crosswinds Progressive Residents of Delray(PROD) Southwinds of Crosswinds Sabal Pine Condominium East, Inc. Foxe Chase Sabal Pine East Association Delray. Property Owners Sabal Pine South Association Minto Builders Florida, Inc. (Spring Landing) Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. Any letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ~.~.~.~.......-.-.......;...?;.....,., ..~.......^ .............;~ ~.~;~;~;~.~. ~.,.~..~.... ~.~.~¥~;~;~;~;.~;~;~`;?~;~.~.~.~.~..~;~.~ The Future Land Use Map Amendment from County Industrial to City Industrial is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposed Future Land Use Plan Amendment is consistent with the existing use of the property and the proposed P & Z Board Staff Repot, FLUM Amendment from County Industrial to City Industrial and Applying Initial City Zoning of I (Industrial) for Hardrives Property (East 4.3 Acres) ~ Page 7 initial zoning of ! (Industrial). Given the above, positive findings can be made with Section 3.1.1, Section 3.3.2, and Section 2.4.5(D) of the Land Development Regulations, and policies of the Comprehensive Plan. .aL Continue with direction. B. Recommend approval of the Future Land Use Map Amendment from County Industrial to City Industrial, and the initial zoning of City I (Industrial) based upon positive findings with respect to Section 3.1.1, Section 3.3.2, and Section 2.4.5(D) of the Land Development Regulations, and policies of the Comprehensive Plan. C. Recommend denial of the Future Land Use Map Amendment from County Industrial to City Industrial and the initial zoning of City I (Industrial) with reasons stated. Recommend to the City Commission approval of the Future Land Use Map amendment from County Industrial to City Industrial and the initial zoning designation of I (Industrial) based upon positive findings with respect to Section 3.1.1, Section 3.3.2, and Section 2.4.5(D) of the Land Development Regulations, and policies of the Comprehensive Plan. Attachment: Future Land Use Map Zoning Map This Staff Report prepared by: Jeff Costello. Senior Planner MEMORANDUM TO: MAYOR AND CITY CC~94ISSIONERS FRC~: CITY MANAGER ~: AGENDA ITEM #/~.~ REGULAR MEETING OF SEPTEMBER 3, 1996 FIRST READING FOR ORDINANCE NO. 38-96 (INITIAL ZONING FOR A PORTI(I~ OF HARDRIVES PROPERTY/WEST SIDE OF (Xlk~RESS AVENUE) DATE: AUGUST 29, 1996 This is first reading for Ordinance No. 38-96 which establishes the zoning classification of POC (Planned Office Center) District for a 9.0 acre portion of the Hardrives porperty located on the west side of Congress Avenue. In December, 1995, the entire 27.76 acre Hardrives site was annexed to the City. At the same time, a small scale Future Land Use Map amendment to City Transition! and initial zoning of POC (Planned Office Center) was processed for the west 6.72 acres of the 15.53 acre parcel lying west of Congress Avenue. The remaining nine acres were not included due to restrictions associated with small scale FLUM amendments. The subject property retained its County FLUM and zoning categories until the processing of the regular twice a year Comprehensive Plan amendment. The land use designation change from County Industrial to City Transitional is included in Comprehensive Plan Amendment 96-1B. This ordinance establishes the appropriate City zoning category. The Planning and Zoning Board considered this matter at public hearing on June 10, 1996, and voted unanimously to recommend that it be approved, based upon positive findings with respect to Chapter 3 (Performance Starboards) of the Land Develol~nent Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Recommend approval of Ordinance No. 38-96 on first reading. If passed, a quasi-j,~cial hearing will be scheduled for September 17, 1996. re f: agmemo 11 ORDINANCE NO. 38-96 AN ORDINANCE OF THE CITY COMMISSIC~ OF THE CITY OF DP.RAY BEACH, FLORIDA, ESTABLISHING INITIAL ZONING OF POC (PLANNED OFFICE CENTER) DISTRICT FOR A 9.0 ACRE PORTI(~ OF THE HARDR/VES PROPERTY LOCATED ON THE WEST SIDE OF (X~K~ESS AVENUE, APPROXIMATELY 800 FEET SOUTH OF ~ ROAD, AS THE SAME IS ~ORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, at its meeting of June 10, 1996, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this matter at public hearing and voted unanimously to recommend approval of the establishment of an initial zoning classification of POC (Planned Office Center) District, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, and as subsequently ameD~ed, reflect a zoning classification of POC (Planned Office Center) District for the property hereinafter described. NOW, 5%~EREFORE, 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: A parcel of land lying in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Beginning at the point of intersection of the South line of the Plat of The Terraces at Centre Delray, as recorded in Plat Book 45, Page 49, Public Records of Palm Beach County, Florida, with the West right-of-way line of Congress Avenue (a 120 foot right-of-way) as shown on said Plat; thence South 00 degrees 26' 23" East along said right-of-way line of Congress Avenue (the west right-of-way line of Congress Avenue is assumed to bear South 00 degrees 26' 23" East and all other bearings stated herein are relative thereto), a distance of 916.48 feet; thence South 89 degrees 47' 36" West, a distance of 579.21 feet; thence North 00 degrees 12' 24" West, a distance of 440.47 feet to a point of intersection with the southerly line of said Plat of The Terraces at Centre Delray; thence North 50 degrees 11' 51" East along said Plat line a distance of 746.84 feet to the Point of Beginning. The subject property is located on the west side of Congress Avenue, approximately 800 feet south of Germantown Road; containing 9.0 acres, more or less. Section 2. That Chapter Two of the Land Develolmment Regulations has been followed in the establishment of the zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District P0C (Planned Office Center) as defined by existing ord/nances of the City of Delray Beach, Florida. Section 3. 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 2 hereof. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective immediately upon the effective date of Ordinance No. 36-96, under which an official land use designation of Transitional is affixed to the property hereinabove described. Ordinance No. 36-96 shall become effective upon the date a final order is issued by the Department of Community Affairs finding Comprehensive Plan Amendment 96-1B to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1996. MAYOR ATI~ST: City Clerk First Reading Second Reading - 2 - Ord. No. 38-96 ~ PC LIN TON BOULEVARD (~ CANAl. CF RM COUNTY ZONING ANAL o RM PCC POC ..-..,co,.,,,,,,,., FOR HARDRIVES PROPERTY -- OICII'AI. ~4S£ MAP SYSl'£,u -- TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMING UEZ,'glR.~..R'OR DEPARTMENT OF PLANNING AND ZONING FROM: ~ SENIOR PLANNER SUBJECT: MEETING OF SEPTEMBER 3, 1996 ESTABLISHING THE CITY POC {.PLANNED OFFICE CENTER) ZONING DESIGNATION FOR 9.0 ACRES LOCATED ON THE WEST SIDE OF CONGRESS AVENUE APPROXIMATELY 800 FEET SOUTH OF GERMANTOWN ROAD, The action requested of the City Commission is that of approval on first reading of an ordinance establishing the City POC (Planned Office Center) zoning designationfor a portion of the Hardrives property. The Future Land Use Map Amendment from County Industrial to City Transitional is being considered in conjunction with Comprehensive Plan Amendment 96-1B. The subject property is located on the west side of Congress Avenue, approximately 800 feet south of Germantown Road. On December 5, '1995, the City Commission took the following actions regarding the 27.76 acre Hardrives property: I~ Annexed the entire 27.76 acre Hardrives property via an Annexation Agreement; I:! Approved a 8mall-Scale Future Land Use Map Amendment to City Industrial and a Rezoning to City I (Industrial) for the north 7.g3 acres of the 12.23 acre parcel lying east of Congress Avenue; City Commission Documentation Meeting of September 3, 1996 Establishing the City POC (Planned Office Center) Zoning Designation for the Hardrives Property on the West Side of Congress Avenue (9.0 Acres) Page 2 Approved a Small-Scale Future Land Use Map Amendment to City Transitional and Rezoning to POC (Planned Office Center) for the west 6.72 acres of the 15.53 acre parcel lying west of Congress Avenue; and, Approved a Conditional Use request to remove the three (3) existing communication towers on the west side of Congress Avenue and install one (1) 450 foot communication tower on the north 7.93 acre of the parcel east of Congress Avenue. This proposal to establish the City POC (Planned Office Center) zoning designation involves the balance (9.0 acres) of the 15.53 acre parcel located on the west side of Congress Avenue. The associated Future Land Use Map amendment from County Industrial to City Transitional is being considered in conjunction with Comprehensive Plan Amendment 96-1B. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of June 10, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the Future Land Use Map amendment and initial zoning requests. There was no public testimony regarding the proposals. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests be approved, 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). On June 18, 1996, the City Commission transmitted Comprehensive Plan Amendment 96-1 to the Florida Department of Community Affairs (DCA), which included a Future Land Use Map amendment from County Industrial to City Transitional as recommended by the Planning and Zoning Board. By motion, approve on first reading the ordinance establishing the City POC (Planned Office Center) zoning designation, and setting a public hearing date of September 17, 1996. Attachments: P & Z Staff Report and Documentation of June 10, 1996 Ordinance by Others PLANNlhG AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: June 10, 1996 AGENDA ITEM: II.A.2. ITEM: Future Land Use Map Amendment from County Industrial to City Transitional and initial zoning of POC (Planned Office Center) I'or a 9.00 acre parcel of the Hardrives property (aka Elmore POC) located on the west side of Congress Avenue, approximately 800 feet south of Germantown Road. GENERAL DATA: Owner. .............................................. George T. Elmore, Trustee Applicant/Agent. ................................ Jeff Lis Location ............................................ On the west side of Congress Avenue, 800 feet south of Germantown Road. Property Size ..................................... 9.00 acres Existing Future Land Use Map .......... Industrial - County Proposed Future Land Use Map ....... Transitional - City of Delray Beach Current County Zoning ...................... CHO (Commercial High Office) Proposed City Zoning ........................ POC (Planned Office Center) Adjacent Zoning ...................... North: POC East: IL (Light Industrial) - County and I (Industrial) - City South: POC West: POC Existing Land Use ............................. Existing administrative offices for Hardrives with associated parking and landscaping, and 3 communication towers. Proposed Land Use ........................... Construction of an office building with associated parking and landscaping improvements. Water Service .................................... Available via main extensions and connections to the existing water system serving the Centre Delray (Office Depot) site to the north and Elmore POC to the west of the subject property. Sewer Service .................................. Available via main extensions and connections to the existing sewer system serving the Centre Delray (Office Depot) site to the north and the Elmore POC to the west of the subject property. II.A.2. The item before the Board is that of making a recommendation on a privately initiated Future Land Use Map Amendment from County Industrial to City Transitional along with an initial zoning of POC (Planned Office Center). The subject property is located on the west side of Congress Avenue, approximately 800 feet south of Germantown Road. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map and Rezoning requests. ! ,.'.-~. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :.-:' *~::* ...~ *~::'* :: .:!: *: : : *:i: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: The Hardrives site was developed in the County and consists of three parcels with a total of 27.76 acres. One 15.53 acre parcel is located on the west side of Congress Avenue and contains offices with an electric and support room for the three existing communication towers (2 - 300' high and 1- 400' high). Two parcels (.44 acres and 11.79 acres) are located on the east side of Congress Avenue and contain the industrial operation of Hardrives which includes heavy equipment storage, repair, and other operations necessary for road construction. On December 5, 1995, the City Commission took the following actions regarding the 27.76 acre Hardrives property: 13 Annexed the entire 27.76 acre Hardrives property via an Annexation Agreement; 13 Approved a Small-Scale Future Land Use Map Amendment to City Industrial and a Rezoning to City l (Industrial) for the north 7.93 acres (~f the 12.23 acre parcel lying east of Congress Avenue; 13 Approved a Small-Scale Future Land Use Map Amendment to City Transitional and Rezoning to POC (Planned Office Center) for the west 6.72 acres of the 15.53 acre parcel lying west of Congress Avenue; and, El Approved a Conditional Use request to remove the three (3) existing communication towers on the west side of Congress Avenue and install one (1) 450 foot communication tower on the north 7.93 acre of the parcel east of Congress Avenue. Only portions of the Hardrives property were given City FLUM and zoning designations due to restrictions associated with Small-Scale FLUM Amendments Planning & Zoning Boara ...afl Report RUM Amendment from County Industrial to City Transitional & Applying Initial Zoning of POC for Harddves (West 9.0 Acres) Page 2 regarding the land size and location of the petitions to each other. The portions of property not included retained their current County FLUM and zoning categories pursuant to F.S. 163.3187, until the processing of the regular twice a year Comprehensive Plan amendment. This Future Land Use Map amendment and initial zoning proposal involves the balance (9.0 acres) of the 15.53 acre parcel located on the west side of Congress Avenue. A separate FLUM amendment and initial zoning is being processed for the balance of the Hardrives property (4.3 acres) on the east side of Congress Avenue. The proposal is to change the Future Land Use Map designation for a 9.0 acre parcel from the County Future Land Use Map designation of Industrial to a City Future Land Use Map designation of Transitional. An initial zoning designation of POC (Planned Office Center) is being sought simultaneously. The FLUM amendment and initial zoning involves the administrative offices of Hardrives, Inc. and three (3) communication towers. The development proposal is to demolish the existing administrative office and remove the existing towers, and to construct a 150,000 sq.ft, office building for Office Depot. REQUIRED FINDINGS: (Chapter 3.1: 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: Pursuant to Land Development Regulations Section 3.t.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 subject property has a County land use designation of Industrial and County zoning designation of CliO (Commercial High Office). In conjunction with the Future Land Use Map amendment to City Transitional, a rezoning to POC Planning & Zoning Boan Jif Report FLUM Amendment from County Industrial to City Transitional & Applying Initial Zoning of POC for Hardrives (West 9.0 Acres) Page 3 (Planned Office Center) is being sought. The FLUM amendment and rezoning to POC are being processed concurrently to facilitate construction of a future office development. The proposed Transitional land use designation is consistent with POC (Planned Office Center) zoning designation. Pursuant to LDR Section 4.4.15(B), within the POC zone district, the proposed offices are allowed as permitted uses. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. 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. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered in the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. As the proposal represents adoption of the advisory Transitional land use designation there are no concurrency concerns relating to the actual application of the Transitional land use designation. Concurrency findings with respect to future improvements will be made at the time of development review. CONSISTENCY: Compliance with the performance standards set forth in Article 3.3. 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. There are no specific performance standards for FLUM Amendments established in Article 3.3. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objecti.ves and policies were found. -' COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found. Conservation Element Policy B-2.5: Whenever new development or redevelopment is proposed along a waterway, a canal, or environmentally sensitive area identified via Policy B-2.1, an area equivalent to at least 10% of the total area of the development shall be set aside in an undisturbed Planning & Zoning Boam . .afl Report FLUM Amendment from County Industrial to City Transitional & Applying Initial Zoning of POC for Hardrives (West 9.0 Acres) Page 4 state or 25% of native communities shall be retained pursuant to TCRPC Policy 10.2.2.2. As the subject property is adjacent to the Delray Oaks environmentally sensitive area, the above policy applies. With the development of the site, a buffer area similar to that provided on the approved Office Depot site (western side of the property) should be maintained along the southern property line to mitigate impacts on the environmentally sensitive area as well as the adjacent residential properties to the southwest. LAND USE COMPATIBILITY: As described in the Future Land Use Element of the Comprehensive Plan, the Transitional Land Use designation is applied to land which is to be developed for either residential or non-residential uses. The designation provides for uses which are not as intense as general commercial uses in areas where residential use is not desirable and/or appropriate. The adjacent properties to the north, south and west have a Transitional Land Use designation, and are zoned POC (Planned Office Center). The property to the north contains an existing office building which is occupied by Office Depot, to the south is the existing Delray Oaks Hammock preserve area (designated as an environmentally sensitive area), and to the west is to be a 215,000 sq.ft. Office Depot office building, which is currently under construction. To the east has an Industrial land use designation and is zoned City I (Industrial) in part (north 7.93 acres), and County IL (Light Industrial) in part (south 4.3 acres). The property contains the existing Hardrives asphalt manufacturing facility. A FLUM amendment to City Industrial and rezoning to I (Industrial) is being processed for the south 4.3 acres and is discussed in a separate staff report. Compatibility with the adjacent office and industrial uses is .not a concern. Compatibility with residential uses to the south and west, and the preserve area is a concern and will require additional buffering with the development of the site. This buffedng may include a combination of buffedng mechanisms including installation of a wall and/or heavy buffeting with trees and hedges. With the addition of adequate buffering a finding that the proposed Land Use Map amendment to Transitional is consistent with the surrounding land use designations and existing uses can be made. Planning & Zoning Boar, .afl Report FLUM Amendment from County Industrial to City Transitional & Applying Initial Zoning of POC for Hardrives (West 9.0 Acres) Page 5 REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.t (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Consistency with the Future Land Use Map, Concurrency, and Comprehensive Plan Consistency were discussed in the Future Land Use Map Amendment Analysis portion of this report. Compliance with the Land Development Regulations, Standards for Rezoning Actions and Rezoning Findings) am 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. Section 3.3.2 (Standilrd~ for Rezonin_a Actions): Standards A-C are not applicable. The applicable performance standard of Section 3.3.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that *' sufficient regulations exist to properly mitigate adverse impacts from the new use. The surrounding properties are office to the north and west, and industrial to the east. To the south is the Delray Oaks Hammock area which has been designated as environmentally sensitive land and has been purchased by the Palm Beach County for preservation purposes. Compatibility with the surrounding properties containing office and industrial uses is not a concern. The Delray Oaks Hammock area will require additional buffering which may include installation of a wall, trees Planning & Zoning Boar(. .,ff Report FLUM Amendment from County Industrial to City Transitional & Applying Initial Zoning of POC for Harddves (West 9.0 Acres) Page 6 and hedging. With the installation of appropriate buffering any adverse impacts on the hammock preserve will be mitigated. Section 2.4.5(D.t(.5) (Rezoninp Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; 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 basis for which the rezoning is being sought is based upon Item "b". As the property was annexed into the City in December, 1995, the current County CHO (Commercial High Office) zoning of the property is inappropriate and thus, the City POC (Planned Office Center) zoning designation should be applied. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS; The initial zoning will accommodate future development of the site with professional office uses. The future development plans must meet all of the requirements of the Land Development Regulations or receive appropriate relief. A full site plan submittal is anticipated in the near future. · ~:~'.<!:::::::::: '~:*::::.::.:~::::: '*~::~'.'<: .:~ ,~<::: *::** '":.:. * *::: *:: ' :::: :*<::*~:. .:.?, *:..::: :-, c::: ,::' '.*:' ,*:::* *.,,:-:~:*:~*~.::.~.>~ ~:::~:::::::::::.. ============================================== ' .~, ..:::::::: :: ............... .*'~ ~:~ ·~:'./,.< .... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ........................ :~i':': ';:':*:'"*~:':::* This property is not in the geographical area which requires review by the Downtown Development Authority, Community Redevelopment Agency, or the Historic Preservation Board. IPARC and Ad_iacent Municipality_ Notice: Notice of the Future Land Use Map Amendment was also provided to the lnterlocai Plan Amendment Review Committee (IPARC) which distributes the Planning & Zoning Boar¢ .ff Report FLUM Amendment from County Industrial to City Transitional & Applying Initial Zoning of POC for Hardrives (West 9.0 Acres) Page 7 information to adjacent municipalities. Pursuant to the Intergovernmental Coordination Element, special notice of the development proposal has been provided to the City of Boca Raton and Palm Beach County Planning Departments. To date, a response has not been received from either department. $_~ecial Courtesy and Public Notices: Courtesy notices were provided to the following homeowner's associations and civic organizations: Andover Oakmont Association Crosswinds Pines of Delray Crosswinds Single Family Section Pines of Delray East Crosswinds Master Association Pines of Delray West Eastwinds at Crosswinds Progressive Residents of Delray(PROD) Southwinds of Crosswinds Sabal Pine Condominium East, Inc. Foxe Chase Sabal Pine East Association Delray Property Owners Sabal Pine South Association Minto Builders Florida, Inc. (Spring Landing) Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. Any letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The Future Land Use Map Amendment from County Industrial to City Transitional is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposed Land Use Plan Amendment is consistent with the proposed use of the property and the proposed initial zoning of POC (Planned Office Center). Gi~/en the above, positive findings can be made with Section 3.1.1, Section 3.3.2, and Section . 2.4.5(D) of the Land Development Regulations, and policies of the Comprehensive Plan. A. Continue with direction and concurrence. B. Recommend approval of the Future Land Use Map Amendment from County Industrial to City Transitional, and the initial zoning of POC (Planned Office Center) based upon positive findings with respect to Planning & Zoning Boar, afl Report FLUM Amendment from County Industrial to City Transitional & Applying Initial Zoning of POC for Harddves (West 9.0 Acres) Page 8 Section 3.1.1, Section 3.3.2, and Section 2.4.5(D) of the Land · Development Regulations, and policies of the Comprehensive Plan. C. Recommend denial of the Future Land Use Map Amendment from County Industrial to City Transitional and the initial zoning of POC (Planned Office Center) with reasons stated. Recommend to the City Commission approval of the Future Land Use Map amendment from County Industrial to City Transitional and the initial zoning designation of POC (Planned Office Center) based upon positive findings with respect to Section 3.1.1, Section 3.3.2, and Section 2.4.5(D) of the Land Development Regulations, and policies of the Comprehensive Plan. Attachments: Future Land Use Map Zoning Map This Staff Report prepared by: ,left Qostello. Senior Planner