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09-10-96 Special/Workshop /~ ,-.'-,L DELRAY BEACH CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION /tll-J~merilmC~ FIRST FLOOR CONFERENCE ROOM ~11~'- The City will furnish appropriate 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. SPECIAL MEETING AGENDA (1) GRAYBOW V. CITY OF DELRAY BEACH: Consider Graybow v. the City of Delray Beach, as recommended by the Eity Attorney Alison MacGregor Harty City Clerk WORKSHOP AGENDA Status report on the ~ity Mall Envelope Project. Report on BFI's waste collection service plan and status of the conversion. (3) Proposed ~DR amendments associated with the ~orth Federal Highway Redevelopment Plan. (4) Aquatic Weed Control, Hungerford Canal/~ass Creek. ~£op/c p~/~sv/ (5) Commission Comments. a. City Manager b. City Attorney c. City Commission ****************************************************************** 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. CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION SPECIAL/WORKSHOP MEETING - SEPTEMBER 10, 1996 - 6:00 P.M. FIRST FLOOR CONFERENCE ROOM AGENDA ADDENDUM THE SPECIAL MEETING AGENDA IS AMENDED TO INCLUDE: (2) AGREEMENT WITH THE PALM BEACH COUNTY ~CHOOL BOARD FOR PARKS AND RECREATION DEPARTMENT STAFF SERVICES: Consider an agreement with the Palm Beach County School Board for provision of ~arks and Recreation staff services for the before and after school program at darver Middle School. £1T¥ DF LRII¥ BERgH Writer's Direct Line: (407) 243-7091 DELRAY BEACH All.America City MEMORANDUM DATE: September 5, 1996 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Grabow v. City of Defray Beach This case arises out of an incident that occurred at Cymbals on September 16, 1990. The claimant originally sued the officers for assault and battery and the City for false arrest. The first trial ended with the officers being absolved of liability. The jury found against the City for the false arrest but could not reach a verdict on damages. On appeal, the court remanded for a new trial on damages only. The new trial on damages is scheduled for September 30, 1996. Our office has received an offer to settle this case in the amount of $44,000.00 (which includes all attorneys fees and costs) and the release of the cost judgment of approximately $3,000.00 in favor of the City obtained as a result of the jury award against the plaintiff and for the officers. Currently the plaintiff has approximately $20,000 in medical bills which he is claiming as a damage from his false arrest because his insurance company would not cover bills occurring from an arrest, and approximately $12,500 in costs in its proceedings against the City. These amounts do not includes moneys the jury may award as a result of the false arrest. This is a difficult case to assess and to give a recommendation on, because there is a fifty/fifty chance a jury may award less than or more than the $44,000.00 (plus $3,000.00 cost judgment) as offered by plaintiff. By copy of this memorandum to David Harden, City Manager, our office requests that this matter be placed as a special meeting item on the September 10, 1996 agenda for consideration. Memo to City Commission September 5, 1996 Page 2 Please call if you have any questions. cc: David Harden, City Manager Alison MacGregor-Harty, City Clerk grabow6.sar MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # - MEETING OF SEPTEMBER 10, 1996 AGREEMENT WITH THE PALM BEACH COUNTY SCHOOL BOARD FOR PARKS AND RECREATION DEPARTMENT STAFF SERVICES DATE: SEPTEMBER 9, 1996 This is before the Commission to consider an agreement with the Palm Beach County School Board for provision of Parks and Recreation staff services for the before and after school program at Carver Middle School. The School Board proposes that the school be the fiscal agent for the program, and that the City's Parks and Recreation Department staff manage the recreation component of the program. The City Attorney has reviewed the agreement, wherein the School Board agrees to pay the City $23,250 for a maximum of 2,325 hours of instruction at the school. Recommend approval of the agreement with the School Board of Palm Beach County for staff services at Carver Middle School. Agenda Item No.: AGENDA REQUEST Date: September 9, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: September 17, 1996 Description of agenda item (who, what, where, how much): Reguest approval of a~reement with Carver Middle School for before school and ~fter smhno] Dro~ram in which Carver Middle will be the fiscal anent for the proKram but the Parks and Recreation Department is contracted to manage the recreation component of the proKram. We will be compensated for our staff. ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Approval. Determination of Consistency w t~. 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: ~ NOHold Until: ~?~ ~ Agenda Coordinator Review: Received: Action: Approved/Disapproved [lTV OF DELRI:IY BEI:I[H DELR^¥ BE^CH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII,AmericaCity 1993 TO: David Harden City Manager FROM: Joe Weldon Director of Pa~ks and Recreation DATE: September 5, 1996 SUBJECT: Agenda Item for September 17 meeting This memo is to request the attached agreement be added to the next city commission agenda for review and approval at the September 17, 1996 meeting. Susan Ruby has reviewed and accepted the agreement as written. Per an agreement with the Palm Beach County School District, the City of Delray Beach Parks and Recreation Department was designated as the fiscal agent for the Carver Community Middle School before school and after school program for the previous two years. This year, Carole Blacharski, Carver Middle School principal, requested that the school instead be the fiscal agent for the program. However, she wishes to contract with the Delray Beach Parks and Recreatiol~ Department to manage the recreation component of the program. Under the agreement, we will be compensated as follows: Recreation Supervisor II: (1) Tom Kwiatek (full-time city employee) $10/hr. x 3 hrs./day x 155 days = $3,100 (City salary: $10.53 per hour) Recreation Supervisor II: (1) Shanda Davis (part-time city employee) $10/hr. x 3 hrs./day x 155 days = $4,650 (City salary: $9.61 per hour) THE EFFORT ALWAYS MATTERS Printed on Recycled Paper Recreation Leaders: (5) (part-time city employees) $10/hr. x 2 hrs./day x 155 days = $15,500 2 people for before care; 3 people for after care (City salary: $7.72 per hour) As city employees, our staffwill be paid the city rate designated for that position. Total amount received through this agreement will depend on when we actually begin the program. We received this agreement August 22. Rick Swearingen, Community School Principal at Carver Middle, asked if we could have it returned by August 27 so it could be put on the School Board agenda. Because the agreement must be reviewed by the city attorney and city commission, we could not adhere to that deadline. Therefore, we will not be eligible to provide services until the agreement is approved at the School Board's November board meeting. I would like to continue working with Carver Middle, and ask that the agreement be approved. i:ITV OF IIELRfl¥ CITY ATTORNEY'S Writer's Direct Line: (~7) 243-7~1 D~kRAY B~AEH All. America City ~MO~~ ' ll Z 1 TO: Joe Weldon, Director of Parks and Recreation FROM: Susan A. Ruby, City Attorney SUBJECT: Agreement with School Board for Provision of After School Staffing Services The above-referenced agreement looks o.k. As we discussed, you will schedule the agreement for the City Commission agenda. I am returning the original agreement to you. SAR:ci Attachment cc: Pamela Post, Recreation Superintendent liT!/DF DELRR¥ BEI:I£H DELRAY BEACH ~ 100 N.W Ist AVENUE - DELRAY 8EACH. FLORIDA 33444 . 407/243-7000 AII-AmericaC~ 1993 TO: CITY ATTORNEY'S OFFICE ~ PAMELA POST, RECREATION SUPERINTENDENT ,~,,?/ 0" FROM: DATE: AUGUST 27, 1996 RE: AGREEMENT WITH SCHOOL BOARD FOR PROVISION OF AFTER SCHOOL STAFFING SERVICES Please review the attached agreement drawn up by the School Board asking that Delray Beach Parks and Recreation Department staff be utilized for the Carver Community Middle School Alter School program. Our department ran a middle school a/ret school program at Carver Community last year and all program funds were run through the city. This year the school will oversee the fiscal management of the middle school at, er school budget and the city will be reimbursed for our employees' time given to the program. If the agreement is acceptable, please let me know so I may forward it to the city manager for signature. If you have further questions, I may be reached at ext. 7256. Thank you for your assistance. THE EFFORT ALWAYS MATTERS Pdnt~ ~ R~ycI~ P~or CONTRACT FOR PURCHASE OF PROFESSIONAL¢R TECHNICAL SEll VICES -IlS CONTRACT is entered into by and between the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, .~reinafter re~erred to as "SCHOOL BOARD" and City of Delray Beach , hereinafter ;letted to as the "CONSULTANT". for the puq:)ose of purchasing professional or technical se~/ices. he Parties agree as follows: 1. That the ~{tant does agree to perf(xTn the fo~[owing professional or technical sec/ice.s: Conduct the recreational component of the before/after school program. 2. The services of the ConsuRant shall be perfo~rned 9/19/96 - 5/30/97 7:00-9:00am.& 4:00-6:DOpm. _lla~r Midd!c School date time location 3. The Social Security number of the Consultant is The tax identification number is (if appropriate) 59-6000308 4. It is expressly understood and agreed by the Consultant and the School Board hereto, that the Consultant is acting in the capacity of an Independent Contractor. 5. Both parties understand and agree that in no way is the Consultant to be considered an errployee or agent of the School Board and the Consultant shall not be eligible for any insu~nce bene~s, workem' compensation coverage, or participation in the retirement fund of the School Board. 6. The School Board shall pay to the Consultant the maximum sum of $ 23,250 , for a maximum of 2325 hours of instruction and 0 hours of preparation and evaluation, which is based upon the attached executed rate schedule (Exhibit A). ' Fund Source: SchooVDepartment # Program/Function # Object # 7. Travel (is) (is not) allowable for this contract. Estimated travel expense is 0 8. The Consultant agrees to submit all necessary dcx;umentation and proof of expenses in accorcl<:'~;e with the policies of the School Board. 9. Tt~ Consultant further agrees that feint for travel must be submitted on lravel reimbursement forms v,4lh the rates determined by the School Board Por~---y and must be authorized by the appropriate administrator ts). 10. The contract is entered into as of the day o['September t8th ~9 96 11. This contract may be canceled by either party upon 30 days' notice in writing delivered by hand or certified man to the other party. However, if it is determined by the School Board that the services are not being performed as agreed upon, the Consultant shall be deemed to be in default, and the School Board reserves the right to cancel this contract with 5 days" notice, served in the manner d~ above. 12. This oo~tract shall not be mocMied or amended except in writing, duly executed by both parties. 13. This contact shall be governed by and construed in ~nce with the laws ol the State of Florida and venue shall be in Palm Beach County, Florida. 14. No other representations or promises shall be binding on the parties hereto except those representations or promises contained herein. 15. In the event that any part, term, or provision of this Contract is, in a court of competent jurisdiction, found to be illegal or unenforceable,' the validity of the remaining portions and provisions will not be affected, and the rights and obligations of the parties shall be cons{rued and enforced as if this Contract did not contain the particular part. term, or provisions held to be so invalid. 16. Should any litigation be commenced in connection with this agreement, the Prevailing Party shall be entitled to reasonable attorney fees and court costs. 17. The parties hereto represent that they have reviewed the agreemenl and have sought legal advice concerning the legal significance and ramifications of the provisions contained herein. This contract was recommended for approval by James Kelly (Chief of School Police) Principal/Coordinator Appropriate Area/AssistantSuperintendent IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the 18th day of .... Septembe.r 19 96. The School Board of Palm Beach County By: Co~ , Chairman Attest: Superintendent Waness This form has been approved by the Office of General Counsel for the School District of Palm Beach County. [ PBSD 1420 (Revised 8/94) I tDEPARTMENT NUMBER DEPARTMENT -NAME PROJECTED BUDGET USED AS OF BALANCE CARVER ~IDDLE ~CHOOL 101 BARWlCK ROAD DELRAY BEACH, FLORIDA 33445 PHONE 279-1710 CAROL S. BLACHARSKI FAX 279-1719 Principal August 15, 1996 Joe Weldon, Director City of Detray Beach Parks & Recreations Dept. As you probably know by now, the money allocated to Carver Middle Community School to operate the before/after school program has been severely cut. Last year's budget was $132,000, and this· year's budget is $60,000. Obviously, some changes in the before/after school program have to be facilitated. Tom Kwaitek and I met on 8/9/96 to discuss how the City of Delray Beach Parks and Recreation Department would participate in the program for the coming school year. Tom indicated that you would like a written breakdown of this participation. If possible, please provide the before/after school program with the following personnel: Recreation Director: (1) Tom Kwaitek Contract: $10/hr. x 2 hrs./day x 155 days = $ 3,100 (Monday Friday) 3:30-5:30 p.m. beginning 9/3/96 Recreation Coordinator: (1) Shonda Davis Contract: $10/hr. x 3 hrs./day x 155 days = $ 4,650 (Monday Friday) 3:00-6:00 p.m. beginning 9/3/96 Recreation Counselors: (5) Contract: $10/hr. x 2 hrs./day x 155 days = $15,500 (Monday Friday) 7:00-9:00 a.m. (2 people) beg. 9/3/96 4:00-6:00 p.m. (3 people) beg. 9/3/96 Just as an item of clarification, Carver Community Middle School will contract te the City of Delray Beach the above recreation before/after school positions at a flat rate of $10 per hour payable te the City of Delray Beach. We hope this arrangement with your recreation professionals is acceptable and that Carver Community Middle School and the City of Delray Beach can again be partners in providing recreational and academic experiences for the youths of Delray Beach. Sincerely, Rick Swearingen Assistant Principal ~e m~hers a~ ~pport ~ff ~ Catv~ Commu~ Midd~ School ~t~e St ~r mi~on Is ~ assl~ all sa~de~ in obtJinl~ ~ ~11~ which ~11 efla~ Ihem m ~ mccesdul now a~ in ~lr fi~ ? CONTRACTS All contracts must be complete with all signatures (i.e., principal, area superintendent, consultants, witnesses) prior to being submitted. CONTRACTS UNDER $2,500: SUBMIT Saundra Alicia Staff TO: Brady Bell Date 7-31 8-7 8-14 DEAD- 8-14 8-20 8-27 LINE: 8-24 9-5 9-12 9-11 9-17 9-24 Please note that you must have the completed contract with all the signautres to Ms. Brady two weeks before the date you want the contract approved at the Staff meeting. CONTRACTS OVER $2,500: SUBMIT Saundra William Alicia Agenda Board TO: Brady Grimmer Bell Conference Meeting DEAD- 7-24 7-31 8-6 8-7 8-21 LINE: 8-14 8-16 8-21 8-22 9-4 ~.~ 8-28 8-29 9-4 9-5 9-18 Please notelhat:yo~a~.~!~t~ ~3~e.,th¢,co~pleted contract with all thc signatures to Ms. Brady::fottr weeks before the date you want the contract approved 'at theBoara F.Y.I.: * the rate schedule (once approved) is good for TWO years * the contract for services must be resubmitted EACH year * contracts should be TYPED * all lines must be filled in even if it is indicated as a "0" or "NA" * be sure to type the name of each person expected to sign under the signature line for that individual * the description MUST be specific * the date in which the contract is entered is the day AFTER approval is received (date of staff meeting for contracts under $2,500 or date of board meeting for contracts over $2,500) * you can NOT have the conSultant dO any work prior to the approval~date * the contract indicates the MAXIMUM you can pay the person during the time period specified, however, you can pay less than that amount if all the hours you expect to receive services are not actually delivered (you can never pay more than the total amount listed unless you amend the contract with another approval process) TO: DAVID T. HARDEN THRU: DIANE DOMINGUEZ, DIRE-'~TO~ DEPARTMENT OF PLANN1NGAND ZONING SUBJECT: WORKSHOP MEETING OF SEPTEMBER 10, 1996 PROPOSED LDR AMENDMENTS ASSOCIATED WITH THE NORTH FEDERAL HIGHWAY REDEVELOPMENT PLAN In June of this year, the City Commission discussed various aspects of the proposed redevelopment plan for North Federal Highway, and authorized the transmittal of associated Comprehensive Plan amendments to the State Department of Community Affairs (DCA). If the redevelopment plan is adopted as currently proposed, it will require several amendments to the City's Land Development Regulations. Attached is the staff report for the Planning and Zoning Board workshop discussion on the draft LDR changes. The workshop will be held on September 9th. Staff will present the Board's comments to the Commission when this item is discussed on September 10th. Attachments: · Staff Report for P & Z Board Worksession of September 9, 1996 MEETING OF: SEPTEMBER 9, 1996 AGENDA ITEM: II. A. DISCUSSION OF LDR AMENDMENTS ASSOCIATED WITH THE N. FEDERAL HIGHWAY REDEVELOPMENT PLAN In June, the Planning and Zoning Board recommended, and the City Commission approved, the transmittal of Comprehensive Plan Amendment 96-1 to the state Department of Community Affairs (DCA). The amendment included changes associated with the North Federal Highway Redevelopment Plan. DCA is about to finish its review, and will send the amendment back to the City to take it through the adoption process. The amendments dealt in part with changes to the allowable uses in the North Federal Highway area. One change would allow for limited light industrial uses to be conducted in the area between Federal and Dixie Highways, between Lake Avenue and the north City limits. The other change calls for the creation of a High Density Residential zoning district that would establish performance standards that have to be met in order to increase densities up to 18 units per acre. In order to implement the changes called for by the amendments, it is necessary to also change the Land Development Regulations (LDRs). Staff has prepared the language for those LDR changes, the drafts of which are attached. We are bringing them forward to the Board at this time for discussion and direction only. A brief description of the changes follows. Light Industrial Overlay This change affects two sections of the LDRs. A section would be added to Section 4.5 of the LDRs, which deals with overlay districts. It describes the North Federal Highway Overlay District as being bounded on the north by the City limits, on the east by North Federal Highway, on the south by Lake Avenue, and on the west by N. Dixie Highway. The GC (General Commercial) zoning district regulations would be changed to state that within the North Federal Highway Overlay District as described in Section 4.5, certain additional light industrial type uses are permitted as conditional uses. These uses are limited to Fabrication/Assembly and Wholesale/Distribution, and are subject to restrictions as described in the attached amendment. P&Z Board Worksession Staff Report LDR Amendments Associated With N. Federal Highway Page 2 High Density Residential District This change involves the creation of a new zoning district that would allow densities of up to eighteen (18) dwelling units per acre, provided that certain performance .standards are met. The intent of the standards is to ensure that a development that is of a higher density will also be of a higher quality, by providing superior architecture, additional amenities, increased buffering to lower density areas, etc. As proposed, the district regulations set a maximum dwelling unit per acre increase that can be obtained by meeting each of the standards. However, even a development that meets every one of the standards could not exceed 18 units per acre. The purpose of this district is to afford the City another tool for encouraging substantial private investment in redevelopment areas. As such, the use of the district would be limited to those areas that are within the CRA district, or are defined as a Redevelopment Area in the Comp Plan, and for which a redevelopment plan has been prepared that specifically calls for the application of the High Density Residential Future Land Use and zoning designations. Attachments: · Proposed GC Overlay Language · Proposed RH (High Density Residential) zoning district PROPOSED LDR AMENDMENT CREATING THE LIGHT INDUSTRIAL OVERLAY IN THE GC (GENERAL COMMERCIAL) DISTRICT (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as prehibited modified in the West Atlantic Overlay District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). . (G) Supplemental District Regulations (2) North Federal Highway Overlay District: The following supplemental district regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7. (a) In addition to the uses listed in 4.4.9(D), the following light industrial uses are allowed as conditional uses: (1) Fabrication and/or assembly of manufactured materials or parts for distribution or sale, such as sheet metal, sign shops, glass shops, electronics, cabinet and furniture making. (2) The wholesaling, storage and distribution of products and materials, other than self-storage facilities. (b) All uses listed under subsection (a) above must: (1) Operate as a part of or in conjunction with a permitted service, retail, or business use; (2) Orient the light industrial aspect of the business toward Dixie Highway; and (3) Operate indoors. Section 4.5.7 The North Federal Highway Overlay District (A) Defined: The North Federal Highway Overlay District is hereby established as the area bounded by Dixie Highway on the west, the northern City limits on the north, North Federal Highway on the east, and Lake Avenue on the south. The regulations established in Section 4.4.9(D) and G(2) shall apply to all GC zoned parcels within the overlay district. DRAFT PROPOSED LDR AMENDMENT CREATING THE HIGH DENSITY RESIDENTIAL ZONING DISTRICT Section 4.4.8 High Density_ Residential (RH) District: (A) Purpose and Intent: The High Density Residential (RH) District is intended to promote quality development within the Community RedeveloPment Area, or within designated Redevelopment Areas as identified in the Comprehensive Plan Future Land Use Element. The RH zoning is consistent with the High Density Residential land use designation, and may only be applied after having been identified as appropriate in a Redevelopment Plan for a specific area. The maximum density allowed is eighteen (18) units per acre, however, density above twelve (12) units per acre may only be approved for projects meeting certain performance standards. The performance standards are designed to result in high quality multi-family development that will stimulate additional future investment in the surrounding redevelopment area. (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RH) District as a permitted use: ,,¢. 1) Single family detached dwellings. / 2) Duplex structures. ,~/~.~v . (3) Multiple family dwellings. (4) Single family detached residences in zero lot developments. (C) Accessory Uses and Structures Permitted: The follOwing uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, '~playhouses, pool houses and houses, sheds, tennis courts, covers, pump storage workshops, swimming pools, and home occupations. (2) Family Day Care pursuant to restrictions set forth in Section 4.3.3(T) (Child care, up to five children) (3) Home Tutorial Services subject to the restrictions set forth in Section 4.3.3.(KK). (4) Recreational facilities attendant to a multiple family development or a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. ~~e rental or lease of a boat dock when the dock is assigned to, or on the same I~ ~_,~h residential use on a one-to-one basis. structure. ~ Guest cottages, only when accessory to a single family detached (D) Conditional Uses and Structures Allowed: There are no listed conditional uses allowed within the RH District. (E) Review and Approval Process: (1) All uses and structures which are to be allowed in a particular High Density Residential district shall be established on a site and development plan, including landscaping and elevations, which is processed and adopted as part of the rezoning ordinance. The plan that is adopted with the rezoning may be conceptual in nature, however, the level of detail must be sufficient to determine that the applicable performance standards are being met. Final approval of the detailed site plan, landscape plan, elevations, and preliminary engineering plan is by the Site Plan Review and Appearance Board. (2) Vesting of a development in the RH district shall occur in the same manner as set forth in the establishment of a site plan approval as specified in Sections 2.4.4(D) and (E). In the event that a development does not become established, any increase in density above twelve units Per acre, as well as all waivers, adjustments, and other actions taken in connection with the site plan approval shall be void. (3) The process for modification of an approved site and development plan is as follows: (a) Modifications to any element of the plan that affect the performance standards used in calculating the development's density shall be processed in the same manner as a rezoning. (b) Modifications to the plan that do not affect the performance standards may be approved as a site plan modification. (4) ~he creation of a new lot for the purpose of building a single family residence require~p'~3tting pursuant to 2.4.5(J) or (K), as applicable. (F) Development Standards: (1) The standards for the RM (Medium Density Residential) zoning district, Section 4.4.6(F) shall apply to development having a maximum density of twelve (12) units per acre. 2 (2) The standards as set forth in Section 4.3.4 shall apply to development which exceeds twelve (12) units per acre in density. In addition, the density of development within this zoning district may exceed 12 units per acre only after the City Commission makes a finding that the project has complied with performance standards as listed in 4.4.8(G). In no event shall the development's total density exceed 18 units per acre. (G) Performance Standards: The following is a list of standards which must be met in order to increase the density of a development above twelve (12) units per acre, and the corresponding maximum number of units per acre by which the density can be increased if the standard is achieved. Any combination of these standards may be used to achieve the desired density up to a maximum of eighteen (18) units per acre. Fractions of units may not be awarded to projects which only partially achieve a particular standard. (1) At least 50% of the units exceed the minimum square footage allowed by at least 25%. [Increase of I unit per acre] (2) The landscape buffer required in Section 4.4.8(H)(1) is increased to at least 15 feet adjacent to residential property lines. [Increase of I unit per acre] (3) The maximum building height within 100 feet of any adjacent residential property line does not exceed two stories nor 25 feet. In areas where the 100 ft. distance intersects a building, the standard applies only to that portion of the building that is within 100 feet of the adjacent residential property line. [Increase of 1 unit per acre] (4) The project is designed and sold as owner-occupied dwelling units, for example, condominium, co-op, or fee simple. [Increase of 2 units per acre] (5) In addition to the minimum required tot lot, the project includes at least one recreational amenity from four of the following categories: (a) community swimming pool (b) clubhouse with exercise/weight room, meeting room, or card room (c) spa/hot tub, sauna (d) tennis court, racquetball court, squash court (e) volleyball court, basketball court (f) heart trail (g) boat docks An amenity that is not listed above but is similar in nature to those listed may be counted toward meeting this standard if approved by the City Commission. [Increase of I unit per acre] 3 (6) Garage and/or covered parking is available to at least twenty-five percent (25%) of the units. [Increase of 1 unit per acre] (7) The project provides both vistas and access to the public to open space areas such as lakes, canals, and golf courses. [Increase of-1 unit per acre] (8) The project design is a distinct, traditional architectural style that is prevalent in the City of Delray Beach, such as Mediterranean Revival, Vernacular, Bermuda, Mission, etc. Except for projects with a Mission design (which may use a combination of pitched and fiat roofs with parapets), building roofs have a pitch of at least 4:12, have varied heights, and are finished in concrete tile or standing seam metal. The units have covered entries and an asymmetrical facade. The project incorporates features such as paver block walkways or driveways; balconies; arches; porches; fountains; courtyards, and design elements such as shutters, window mullions, quoins, inlaid decorative tiles etc. The overall design is of a particularly high quality. [Maximum increase of 2 dwelling units per acre, depending upomthe quality of the design and materials] ~. ~_~ (9)/~ In additio~,,~o the st~andard park impact fee, the proje~{-~nates lan"d~.located w~in~the s~ect'~ed.,e~elopment area for public recreatiptial or open space"%u, rppsres. [A~crease/e~l unit per acre for each acre o/f,"land donated;' maxim U~,/~ase~f 3'~nits] ~ ...... / (10) The project landscaping exceeds the minimum requirements of LDR Section 4.6.16 by meeting at least three (3) of the following standards: (a) Sixty (60) percent of the required trees are native species; (b)Thirty-five (35) percent of all other required ~plant materials are native; (c)Trees located along the perimeter of the development exceed the minimum height at time of planting by 25%; (d) Along the perimeter of the property adjacent to residential property lines, at least one tree is planted for every thirty (30) linear feet or fraction thereof; (e) Hedges along the perimeter adjacent to residential property lines are three (3) feet high at time of planting. [increase of I unit per acre] (H) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below. (1) The first ten (10) feet of any setback that is adjacent to a residential property line or a street right-of-way shall be a landscaped area. Within this area, no paving shall be allowed except for access drives and pedestrian ways that are generally perpendicular to the property line. (2) Structures consisting of dwelling units shall not be located closer than 25' to each other, unless the approving body makes a specific finding that the structures are positioned in a manner that allows for the sufficient passage of light and air. (3) A tot lot shall be a feature of all developments in this district. [ITY OF DELARY BER[H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 Ail-America City ® TO: David T. Harden, City Manager 1993 FROM: i~f~°bert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item # ~v//'"/ City Commission Workshop, Sept. 10, 1996 Aquatic Weed Control Hungerford Canal/Bass Creek DATE: September 5, 1996 ACTION Staff is seeking direction from City Commission regarding the extent and degree of responsibility the City should assume for aquatic weed control in the Hungerford Canal and the Bass Canal. BACKGROUND The Hungerford Canal is located in Tropic Palms, the canal easement is located in Lake Del, and Bass Canal is located west of Bass Creek and east of 1-95 (see attached map). Since 1992 we have been providing minimum aquatic weed control to eliminate basic health hazards from bug infestation. Maintenance frequency has been four times per year and treatment has been provided mainly for floating vegetation and bank vegetation. The annual contract cost has been $2,172.00 We have recently received complaints from residents concerning weed growth in these areas. The residents' primary concern has been with submerged weed growth and their ability to navigate their boats through the canals without getting their propellers tangled. They have also been concerned with aesthetics and feel it is the City's responsibility to maintain the canals and keep them free of weeds. Our primary concern in the past has been to keep the water flowing through these areas for drainage purposes and to minimize any health hazards. As a result of these complaints, we requested South Florida Water Management Distdct to analyze the aquatic weed problem, as well as our current control program, and to provide a recommendation as to what would need to be done to correct the problem. South Florida Water Management District has identified numerous types of floating weeds, submerged weeds and bank weeds that would need to be treated. They have also provided us with recommendations regarding chemicals to use, application rates, application frequency, and estimated costs. Included as backup is a copy of a letter received on August 21, 1996 from South Florida Water THE EFFORT ALWAYS MATTERS Printed on F{ecycled Paper Agenda Item # Page 2 Management District, as well as a one year cost estimate prepared by my staff to treat aquatic weeds in these canal areas. This 1st year cost is estimated to be about $20,000. There has been a question for some time as to the ownership and maintenance responsibility for these areas. The City Attorney's office has had the ownership issue researched and to the best of our ability have determined that the Hungerford Canal, the Canal easement through Lake Del, and Bass Canal were dedicated for public use. However, we have found no record of assumption of maintenance responsibility by any government agency. It appears that aquatic weed control for Lake Del, less the Hungerford Canal easement is the responsibility of the adjoining property owners. South Florida Water Management District has assumed responsibility for the C-15 Canal but not these other areas. We have also been advised by South Florida Water Management District that we should coordinate aquatic weed control with them and Lake Worth Drainage District so that treatment can be performed at the same time for areas upstream and downstream. We are also reviewing maintenance responsibility for a spur (area 1 on the map) off of the C-15 Canal. Our research through tax records reflects ownership to be South Florida Water Management District. They do not agree that they own, or have maintenance responsibility for this area. We have not determined at this time what the costs would be to provide aquatic weed control. We feel, however, that maintenance for this area is the responsibility of South Flodda Water Management District. DIRECTION Staff is seeking direction from Commission concerning the assumption of maintenance responsibility for the specified canal areas, easements and a lake. If it is agreed that the City should assume the responsibility, then we recommend that the treatment program as proposed, be followed with funding to come from the Storm Water Budget. We do not thing that the City should assume the responsibility for aquatic weed control in Lake Del. RAB:kwg Attachment cc: Hoyt Owens File:u:graham/agenda Doc.:WeedCont.rol .... ~w-~ol~ ~INEERING DEPT ~6i F'IZI1 SEP C~5 '96 Post-it~ Fax Note 7671 ~a~ ~l~ ~ T~ o~ ~ .... goJDept. ~' ' - m,C ,O ~g R ~ S S A V,, E. ILl t_~J I..j t I 1 I J t LlJ QSouth Florida Water Management District 3301 Gun Club Road, West Palm Beach, Florida 33406 · (407) 686-8800 · FL WATS 1-800-432-2045 RECEIVED COhl 02 AU(5 2 2 1996 PUBLIC WORKS August 21, 1996 Mr. Hoyt Owens Deputy Director of Public Works City of Delray Beach 434 S. Swinton Avenue Dear l~.r~:a~eens: Thank you for the opportunity to visit with you last Friday, August 16th, and to discuss aquatic vegetation problems in several of the canals connecting with the District's C-15 canal. The major issue to be determined, which you are presently pursuing, is the ownership of the Hungerford Canal, the "stub" canal, and the canal extending northward along the east boun ~dary of 1-95. We also will be very. interested to see the results of your search for ownership of these areas. You requested that I examine the condition of these canals in terms of the aquatic vegetation and its management. We observed that there was a significant infestation of water lettuce on the surface of the Hungerford canal, and this has the potential to expand rapidly to cover t'i~e surface within the next several weeks. In addition, there appears to be a lot of hydrilla gr0w}ng submersed and a few scattered sprigs of hygrophila are becoming established. Also, spatterdock, an emersed lily pad-like plant is established around the shore area, and torpedograss is extending from the shore out onto the water surface. In the "stub" canal there are floating tussocks - (islands) of w_ale,.r4~0rt, Fa.t~e. rJ~e_t~-u_~, all!gat0?w~: g~.s_a~s, etc. which have been initially sprayed by District personnel. One important fact is that all of these areas have open, unobstructed connections with the C-15 Canal. This facilitates the movement of not only water but also vegetation between the systems. Therefore, to properly manage the vegetation in both systems requires coordination between the responsible agencies. Your existing contract with Aquatic Systems, Inc. calls for'an inspection and treatment of vegetation once per quarter, if necessary. This appears to be left to the discretion of the contractor to determine needs. There did not appear to be a set of measurable specifications on which to judge results or quality of treatments. We suggest that in future contracts a set of specifications similar to the attached statement of work be made part of the agreement. The District also requires that the contractor hold a certification license for the application of restricted use pesticides even though most of the products applied are not restricted by the Florida Department of Agriculture. Included for your information is a copy of the Florida Pesticide Law and Rules that applies to record keeping and a copy of the District's Chemi~l Weed Control Report form. Governing Board: Valerie Boyd, Chairman William Hammond Eugene K. Pettis Samuel E. Poole III, Executive Director Frank Williamson, Jr., Vice Chairman Betsy Krant Nathaniel P. Reed Michael Slayton, Deputy Executive Director William E. Graham Richard A. Machek Miriam Singer Mailing Ad&ess: P.O. Box 24680, West Palm Beach, FL 33416-4680 CON 02 Hoyt Owens August 21, 1996 Page 2 Some of the vegetation problems and recommended treatments used by the District are included here: ® Water hyacinths, water lettuce - Reward (diquat) @ 1 qt. per acre :~· Duckweed- " " @ 1 gal. per acre* ® Hydrilla - Aquathol K + Hydrothol 191 @ 3-5 ppm + 0.5-1 ppm resp., or Sonar A.S. @ 2 qt. per acre, or Sonar 40P @ 40 lbs. per acre ?:~'be Hygrophila - Aquathol K + Hydrothol 191 @ 5 ppm + 1 ppm · Ditchbank grasses, Cattails, Rodeo @ 6-7 1/2 pt. per acre S~p.a_tterdock ~ · Alligatorweed, Pennywort Rodeo + 2,4-D @ 7 1/2 pts + 2 qt per acre Also attached is a list of mechanical harvesting companies that offer contractual services for your consideration. Finally, due to the regional impacts and interrelationships of the water management system in South Florida, it may be desirable to promote an_interagency working group of interested parties to discuss cooperative efforts in managing the aquatic and exotic vegetation problems facing this region° I look forward to seeing the results of the ownership issue and providing any assistance that may be necessary for promoting proper vegetation management in the area. Please contact me ff there are further questions. Sincerely, Gordon E. Baker Environmental Scientist Operations and Maintenance Department Attachments xc: D. Thayer 407-24]-7314 ENGINEERING DEPT 463 P02 SEP 05 '96 12:58 Per T.r.eatment ' ':'>:'">" "'<" - '"'":-:-:- ;-;+> -i'i - '-'">"-'"<<~ -':" >- ,'" '>>>>,','¥<'>' ]']'~ :::::::::::::::::::::::::::::::::::::::::::::::::: ! !:.:~.'e._'~:: :,:: :Ba.~_.:iQ.~l.. a!..:i:! Total Accross ~l~a't.i.,,{~::~t~'~t~?: i': ? i i i ?! $34.50 $178.20 $37.95 $102.00 $352.65 .~..~.b'_'~'_d.' :.V.,~t~i i :: $1,380.00 "{2,376.00 $759.00 $ i ,020.00 $5,$35,00 Ban.".E!~e~!~,:;iil i i :: ! i ! i:* $26'.0(~ $49.40 $1(~'. 40 $55.90 $141,?0 Tota Oow. SO Sao?.3s .... NOTES Floating vegetation is based on $60 per acre for equipment, chemicals and manpower. ~ Submerged vegetation is based on $600 per acre for same. - Bank is based on $130 per acre for same. This is determined by a five foot perimeter band. - Hungerford Canal Easement Bank is just south and just north of Lake Del Bank. F~RST YEAR TREATMENT ~CJ-IEDULE - Floating vegetation: Six times per year. - Submerged vegetation: Three times per year. - Bank vegetation: Four times per year. First Yqar Treatment cost Fcr AU .Area_s_ {Total For Year , $19,287.70_ City of Delray Beach Prepared by Angela 9/5/96 1:37 PM [lTV OF I]ELRRV BERgH DELRAY BEACH ~ MEMO~~ Ali. America City TO: Robert A. Barcinski, Assistant City Manager 1993 FROM: David N. Tolces, Assistant City Attorney SUBJECT: Canal Dedications in Tropic Palms Area Under Florida law, a dedication of land on a plat to the public does not automatically place the dedicated land under the control of the public entity. The City's approval of the plat does not constitute acceptance of the dedication. In order to become effective, a dedication, much like a contract, must be accepted. Santa Rosa County_ v. Pollak, 418 So.2d 300 (Fla. 1st DCA 1982). The form of acceptance may either be formally by resolution, or informally by some overt act. For instance, with respect to the canals at issue, the City could accept the dedication through maintenance. There is no complete dedication, however, without acceptance. It is my understanding that there is no formal City resolution accepting these canals. I also understand that no formal maintenance of the canals at issue has occurred. Therefore, based upon that information, it does not appear as if the City has accepted the dedication, and as such, the land could still be under the control of the private property owners adjacent to the canals. If the City elects to maintain the canals, then the City would in essence be accepting the dedication and all responsibility which attaches to that. Bonifay v. Garner, 503 So.2d 394 (Fla. 1st DCA 1987). Should you have any questions, please do not hestiate to contact me. DNT:smk Attachments canalsl .dnt Dav£d Tolces, Assistant City Attorney ' City of Delray Beach 200 N.W'. F~rst Avenue Delray Beach, FL 33444 Re: Canals in the Area of the Tropic Palms Subdivision Dear. David= You .have. asked me t.o look into the Lssue o~ ownershi of ce - -- ----no~h of Aud~on Boulevard" ---~oru cana~ and the I have ~avievid the plats of ~opic Palms being Plats n~erad 1, 2 and ~. I have enclosed a co o alns language that the wa- ~,~ earn ~nscan~e, the plat ded~ated to ~he ~e~e=u-~ ...... ~ays, . canal~ ~d as would se~ to inclu~ ...... ~ p~l~= as sh~ on the wPu/ks Enclosures ;' ;"-'Et9./~5.,,'"96 ' 16:50 VI::~NCE & DONEY ~ 407 27B 475'5 1~0.1~59 ~ Ii ""'Ill';,,," :''''' i' ' i:?';:;:; ': · :.ill ' ~ : I[:~ I '.. :ll,ll. , ~' :.t . ::. ':.:-: :'. : ~ !.~ :....::?.:. . :::::~: . :?~ ::;"-' II,:~ ¢. :.:.:~75 '., ' . '~, :;:C.' . · ,, '~i~, · g~::'-f::~ ',,,~ :.i:. ;:i.':: · ,. ,. ~¢, ? % : :..': .:: · :. :::::,:. ;.:L .. , ?::A{:.- . . , ,, ; ,' ~,. ?:~::':"" ' ~.~t!.,i'~::~,'~;..:;';~¢~¢[~:::~~ q~.!l~l,:..':~,'-~.~ : 0 © 06/06/96 ~ 15:42 [Tl/g NO 71061 i PO I 09,,~/96 16:,~l UP~CE~ & DOFIZY '* 4~7 ~7~ 4'7c3~